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HomeMy WebLinkAboutAgenda Packet City Council - 09/25/2018 City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 ' cctexas.com Meeting Agenda - Final City Council Tuesday, September 25, 2018 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 Rabbi Mary Eckroos, Kehilat B'nai Shalom. C. Pledge of Allegiance to the Flag of the United States to be led by Esther Velazquez, Assistant to City Manager. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 18-1200 Proclamation declaring September 8, 2018, "International Literacy Day" and September 2018, "National Literacy Month". Proclamation declaring September 29, 2018, "Coastal Bend Walk 'n Roll Celebration for Disability Awareness Day". Proclamation declaring October 2, 2018, "National Night Out". Proclamation declaring October 7-13, 2018, "National Fire Prevention Week". Proclamation declaring the City of Corpus Christi a Purple Heart City. City of Corpus Christi Page 1 Printed on 9/26/2018 City Council Meeting Agenda-Final September 25,2018 Swearing-In Ceremony for Newly Appointed Board, Commission, Committee and Corporation Members. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. STRATEGIC FUTURE ISSUES (NONE) b. CITY PERFORMANCE REPORT- DEVELOPMENT SERVICES C. OTHER G. MINUTES: 2. 18-1201 Regular Meeting of September 18, 2018. Attachments: Minutes-September 18, 2018 H. BOARD &COMMITTEE APPOINTMENTS: (NONE) 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. All items on this agenda are considered public hearings. City of Corpus Christi Page 2 Printed on 9/26/2018 City Council Meeting Agenda-Final September 25,2018 PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. K. CONSENT AGENDA: (ITEMS 3 - 22) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 3. 18-0931 Resolution authorizing a Service Agreement for the Purchase of Code Enforcment Applications Software License Resolution authorizing a five-year service agreement for the purchase of GovQA Code Enforcement Applications Software License from WebQA, Inc., dba GovQA, Woodridge, IL, for $75,000. Attachments: Agenda Memo-GovQA Code Enforcement Applications Software License Resolution -GovQA Code Enforcement Applications Software License Price Sheet-GovQA Code Enforcement Applications Software License Master Service Agreement-GovQA Code Enforcement Applications Software L 4. 18-1025 Purchase of Veterinary Medicines and Supplies for Animal Care Services Motion authorizing a one-year supply agreement with Patterson Veterinary Supply, Inc. of Greeley, Colorado for the purchase of veterinary medicines and supplies for a total amount not to exceed $380,426.15. Attachments: Agenda Memo-Veterinary Medicines and Supplies Bid Tab-Veterinary Medicines and Supplies Rev Supply Agreement-Veterinary Medicines and Supplies City of Corpus Christi Page 3 Printed on 9/26/2018 City Council Meeting Agenda-Final September 25,2018 5. 18-1057 Professional Services Contract Amendment No. 1 for Greenwood Wastewater Treatment Plant (WWTP) Headworks & Grit Removal Rehabilitation (Capital Improvement Program) Motion to authorize execution of Amendment No. 1 with Urban Engineering of Corpus Christi, Texas in the amount of$335,200 for a total restated fee of$380,400 for Greenwood Wastewater Treatment Plant (WWTP) Headworks & Grit Removal Rehabilitation project. Attachments: Agenda Memo- Headworks&Grit Removal Rehabilitation Project Budget-Greenwood WWTP- Headworks&Grit Removal Rehabilitation Location Map-Greenwood WWTP -Headworks&Grit Removal Rehabilitation Presentation - Greenwood WWTP- Headworks Grit Removal Rehabilitation RE Contract-Greenwood WWTP -Headworks&Grit Removal Urban.pdf 6. 18-1085 Lease-Purchase of Two Dump Trucks and One Excavator for Street Operations Motion authorizing the lease purchase of two 12 cubic yard dump trucks from Houston Freightliner Inc., of Houston, Texas, and one Gradall excavator from Waukesha-Pearce Industries, LLC of Corpus Christi, Texas via Houston-Galveston Area Council and BuyBoard Cooperative for a total amount of$765,824.59. Attachments: Agenda Memo-Lease Purchase of Two Trucks and One Excavator for Street D Price Sheet- Lease Purchase of Two Trucks and One Ecavator for Street Ope 7. 18-1087 Lease Purchase of Vactor Truck and Heavy Equipment for Utilities Motion authorizing the lease purchase of one Vactor combination sewer truck from Houston Freightliners of Houston, Texas, one 2019 Western Star tractor from Grande Truck Center of San Antonio, Texas; and one CPS half round end dump trailer and one 55-ton Low Boy trailer from J&B Pavelka of Houston, Texas via Houston-Galveston Area Council for $ 694,880.30. Attachments: Agenda Memo-Lease Purchase of Vactor Truck and HeavV Equipment for Utilit Price Sheet- Lease Purchase of Vactor Truck and Heavy Equipment for Utilitie 8. 18-1133 Purchase of Auto Parts for Fleet Maintenance Motion authorizing one-year supply agreement for the purchase of automotive parts with O'Reilly Auto Enterprises LLC, dba O'Reilly Auto Parts of Springfield, Missouri via BuyBoard cooperative for a total amount not to exceed $140,000. Attachments: Agenda Memo-Auto Parts for Fleet SuppIV Agreement City of Corpus Christi Page 4 Printed on 9/26/2018 City Council Meeting Agenda-Final September 25,2018 9. 18-1088 Professional Services Contract Solid Landfill Groundwater Monitoring Motion to authorize execution of a professional services contract with Terracon Consultants, Inc. of Corpus Christi, Texas for the Solid Waste Landfill Groundwater Monitoring project in the amount of$225,191 per year with the option to administratively renew for two additional years for a total contract price of$675,573. Attachments: Agenda Memo-Solid Waste Groundwater Monitoring Project Budget-Solid Waste Groundwater Monitoring Location Map Solid Waste Groundwater Monitoring Presentation Solid Waste Groundwater Monitoring Contract-Solid Waste Groundwater Monitoring 10. 18-1129 Meal Delivery Service for Senior Community Services and Summer Feeding Program Motion authorizing a three-year service agreement with R&R Delivery Service of Corpus Christi, Texas for meal delivery service for $678,178.80. Attachments: Agenda Memo- Meal Delivery Service for Parks and Recreation Bid Tabulation- Meal Delivery Service for Parks and Recreation Service Agreement 1490- Meal Delivery Service for Parks and Recreation 11. 18-1021 Supply Agreement for Purchase of Hydrofluorsilicic Acid for Water Treatment at O. N. Stevens Water Treatment Plant Motion authorizing a one-year supply agreement for the purchase of hydrofluorosilicic acid from Univar USA, Inc. from Kent, Washington for $195,750.00. Attachments: Agenda Memo-Hydrofluorosilicic Acid for WTP.docx Bid Tabulation- Hvdrofluorosilicic Acid for WTP.xlsx Supply Agreement- Hvdrofluorosilicic Acid for Water Treatment 12. 18-1117 Second Reading Ordinance - Rezoning for a Property located at or near 6001 Crosstown Expressway (State Highway 286) (1st Reading 9/18/18) Case No. 0818-01 Joshua Kosarek: Planning Commission and Staff Recommendation (August 8, 2018): Denial of the change of zoning from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District, in lieu thereof: Ordinance rezoning property at or near 6001 Crosstown Expressway City of Corpus Christi Page 5 Printed on 9/26/2018 City Council Meeting Agenda-Final September 25,2018 (State Highway 286) from "RS-6" Single-Family 6 District to the "ON" Neighborhood Office District. Attachments: Agenda Memo 0818-01 Joshua Kosarek Ordinance CN-1 0818-01 Joshua Kosarek Ordinance ON 0818-01 Joshua Kosarek CC Report 0818-01 Joshua Kosarek Presentation 0818-01 Joshua Kosarek 13. 18-1120 Second Reading Ordinance - Rezoning for a Property located at or near 4441 South Alameda Street (1st Reading 9/18/18) Case No. 0818-02 Texas Star Investments, Inc: Planninq Commission and Staff Recommendation (August 8, 2018): Denial of the change of zoning from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District in lieu thereof: Ordinance rezoning property at or near 4441 South Alameda Street from "CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit (SP) Attachments: Agenda Memo 0818-02 Texas Star Investments, Inc Ordinance 0818-02 Texas Star Investments, Inc Ordinance Special Permit 0818-02 Texas Star Investments, Inc CC Report 0818-02 Texas Star Investments, Inc Presentation 0818-02 Texas Star Investments, Inc 14. 18-1121 Second Reading Ordinance - Rezoning for a Property located at or near 1804 Buford Avenue (1st Reading 9/18/18) Case No. 0818-03 The Salvation Army: Planning Commission and Staff Recommendation (August 8, 2018): Denial of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-1/SP" General Commercial District with a Special Permit, in lieu thereof: Ordinance rezoning property at or near 1804 Buford Avenue from "RS-6" Single-Family 6 District to the "RS-6/SP" Single-Family 6 District with a Special Permit Attachments: Agenda Memo 0818-03 The Salvation Army Ordinance CG-1 Special Permit 0818-03 The Salvation Army Ordinance RS-6 Special Permit 0818-03 The Salvation Army Presentation 0818-03 The Salvation Army CC Report 0818-03 The Salvation Army City of Corpus Christi Page 6 Printed on 9/26/2018 City Council Meeting Agenda-Final September 25,2018 15. 18-1159 Second Reading Ordinance -Appropriating funds from the Recovery on Damage Claims (1st Reading 9/18/18) Ordinance appropriating $92,437.71 from damage claims into General Fund to purchase police vehicles; and changing Operating Budget by increasing revenue and expenditures in the General Fund by $92,437.71. Attachments: Agenda memo-appropriate recovery funds Ordinance - Recovery on damage claims-2018 16. 18-1096 Second Reading Ordinance -Accepting and appropriating grant funds for Fire Department(1st Reading 9/18/18) Ordinance authorizing acceptance of$1,000 grant from NuStar Energy L.P.; and appropriating $1,000 from NuStar Energy L.P. into Fire Grant Fund. Attachments: Agenda Memo- NuStar Ordinance - NuStar Grant 2018 17. 18-1142 Second Reading Ordinance -Amending the Women, Infant and Children's Nutrition Program (WIC) grant contract from the Health and Human Services Commission (1st Reading 9/18/18) Ordinance authorizing an amendment to the Women, Infant and Children's Nutrition Program (WIC) grant contract from the Health and Human Services Commission. Attachments: Agenda Memo-WIC Grant 10-1-2018 to 10-1-2019 (Rev.)(a)9-12-2018 Ordinance (WIC 10-1-2018 to 10-1-2019)-Rev. (c)9-4-2018 (Final Approved by L WIC HHSC Grant No. 2017-049800-001 (Amend. No.2) 10-1-2018 to 10-1-201 18. 18-1059 Second Reading Ordinance - Construction Contract for Laguna Shores Road Force Main Replacement (Capital Improvements Program (CIP) (1st Reading 9/18/18) Ordinance rejecting the apparent low bid of Jhabores Construction Company, Inc., as non-responsive and authorizing a construction contract with Max Underground Construction, LLC of Corpus Christi, Texas as the lowest responsive, responsible bidder in the amount of$4,425,112.50 for the Base Bid plus Additive Alternate No. 1 and Additive Alternate No. 2 for the Laguna Shores Road Force Main Replacement project (Wastewater CIP). Attachments: Agenda Memo Laguna Shores Ordinance - Laguna Forcemain - Reject Low Bid Project Budget Laguna Shores Location Map.pdf City of Corpus Christi Paye 7 Printed on 9/26/2018 City Council Meeting Agenda-Final September 25,2018 Presentation - Laguna Shores (rev1) Recommendation Letter 08-09-18.pdf 19. 18-1153 Second Reading Ordinance -Authorizing an Airline Use and Lease Agreement with American Airlines (1st Reading 9/18/18) Ordinance authorizing a three-year airline use and lease agreement with American Airlines to be effective as of October 1, 2017, with one two-year option. Attachments: Agenda Memo-American Airlines AULA Ordinance -American Airlines Lease vFinal 20180907 Lease Agreement-American Airlines 20. 18-1154 Second Reading Ordinance -Authorizing an Airline Use and Lease Agreement with Southwest Airlines (1st Reading 9/18/18) Ordinance authorizing a three-year airline use and lease agreement with Southwest Airlines to be effective as October 1, 2017, with one two-year option. Attachments: Agenda Memo-Southwest Airlines AULA Ordinance -Southwest Airlines Lease vFinal 20180910 Lease Agreement-Southwest Airlines 21. 18-1089 Second Reading Ordinance -Amending City Code to increase collection fees for Solid Waste (1st Reading 9/18/18) Ordinance amending the Corpus Christi Code of Ordinances, Chapter 21, Section 40, to increase collection fees for solid waste. Attachments: Agenda Memo-SW Rate Increase.docx Ordinance -SW Rate Increase.docx Presentation -Solid Waste Rate Increase 22. 18-1205 Second Reading Ordinance - Transferring funds for erosion, drainage, and 3D modeling work for the North Beach Area (1st Reading 9/18/18) Ordinance transferring $16,000 from the City Council Business Accounts in the General Fund to the Comprehensive Planning Department Budget for Beach Erosion, Drainage, and 3D Modeling work for the North Beach area. Attachments: Agenda Memo for North Beach study updatedv2 Revised Ordinance - North Beach L. RECESS FOR LUNCH City of Corpus Christi Paye 8 Printed on 9/26/2018 City Council Meeting Agenda-Final September 25,2018 The City Council will take a lunch break at approximately 1:30 p.m. M. PUBLIC HEARINGS: (ITEMS 23 - 28) 23. 18-1155 Public Hearing and First Reading Ordinance - Urban Transportation Plan Amendment deleting a proposed collector street Ordinance amending Urban Transportation Plan map by deleting a portion of Las Tunas Drive, a proposed C1 Collector located approximately 0.2 miles south of Whitecap Boulevard connecting Palmira Avenue. with South Padre Island Drive (Park Road 22) Attachments: Agenda Memo- Las Tunas City Council Ordinance LasTunasUTP Presentation Las Tunas UTP final 9.4.18 24. 18-1177 Public Hearing and First Reading Ordinance - Unimproved Street Right-of-Way Closure of Las Tunas Drive Ordinance closing, abandoning and vacating a 0.516-acre portion of Las Tunas Drive, a platted unimproved road, out of Padre Island No. 1 and requiring petitioner, Yasin Investment, LLC., to comply with specified conditions. Attachments: Agenda Memo- ROW Closure Las Tuna Drive Ordinance with Exhibits Presentation- Padre Island No.1 25. 18-1174 Public Hearing and First Reading Ordinance - Partial Street Right-of-Way closure, vacation, and abandonment of Battlin' Buc Boulevard and Lipan Street, and alley closures out of Nelson Addition Block 2 and 3 Ordinance closing, vacating, and abandoning a 0.50 acre portion of Battlin' Buc Boulevard, a 0.43 acre portion of Lipan Street, a 0.069 of an acre, being a 10-foot wide alley located out of Nelson Addition Block 2, and a 0.034 of an acre, being a 10-foot wide alley located out of Nelson Addition Block 3, and requiring Corpus Christi Independent School District to comply with specified conditions. Attachments: Agenda Memo Miller HS Ordinance with Exhibits Presentation- Miller HS 26. 18-1160 Public Hearing and First Reading Ordinance - Rezoning for a Property located at or near 5518 Curtis Clark Drive. City of Corpus Christi Paye 9 Printed on 9/26/2018 City Council Meeting Agenda-Final September 25,2018 Case No. 0818-04 Marias Properties, LLC: Planning Commission and Staff Recommendation (August 22, 2018): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CN-2" Neighborhood Commercial District. Ordinance rezoning property at or near 5518 Curtis Clark Drive from "RS-6" Single-Family 6 District to the "CN-2" Neighborhood Commercial District. Attachments: Agenda Memo 0818-04 Marias Properties, LLC Ordinance 0818-04 Marias Properties, LLC CC Report 0818-04 Marias Properties, LLC Presentation Marias Properties, LLC 27. 18-1161 Public Hearing and First Reading Ordinance - Rezoning for a Property located at or near 2141 Laguna Shores Drive. Case No. 0818-05 James Karstens: Planning Commission and Staff Recommendation (August 22, 2018): Approval of the change of zoning from the "CR-1" Resort Commercial District to the "RS-15" Single-Family 15 District. Ordinance rezoning property at or near 2141 Laguna Shores Road from "CR-1" Resort Commercial District to the "RS-15" Single-Family 15 District. Attachments: Agenda Memo 0818-05 James Karstens Ordinance 0818-05 James Karstens CC Report 0818-05 James Karstens Presentation James Karstens 28. 18-1162 Public Hearing and First Reading Ordinance - Rezoning for a Property located at or near 2117 Laguna Shores Drive Case No. 0818-06 Guy Brady: Planning Commission and Staff Recommendation (August 22, 2018): Approval of the change of zoning from the "CR-1" Resort Commercial District to the "RS-15" Single-Family 15 District. Ordinance rezoning property at or near 2117 Laguna Shores Road from "CR-1" Resort Commercial District to the "RS-15" Single-Family 15 District. Attachments: Agenda Memo 0818-06 Guv Bradt/ Ordinance 0818-06 Guv Bradt/ City of Corpus Christi Page 10 Printed on 9/26/2018 City Council Meeting Agenda-Final September 25,2018 CC Report 0818-06 Guy Brady Presentation Guy Brady N. REGULAR AGENDA: (ITEM 29) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 29. 18-1060 Second Reading Ordinance -Accepting and Appropriating funds and approving Construction Contract for Corpus Christi International Airport (CCIA) Rehabilitate Terminal Apron Phase II and East General Aviation Phase II projects (1st Reading 9/18/18) Ordinance to accept and appropriate Airport Grant#57 in Fund 3020; appropriate and transfer$725,805 from Fund 4612 to Fund 3018 and authorizing a construction contract with SpawGlass Civil Construction of Corpus Christi, Texas in the amount of$7,221,798.15 for Base Bid and Alternates for the Corpus Christi International Airport (CCIA) Rehabilitate Terminal Apron Phase II and East General Aviation Apron Phase III projects. Attachments: Agenda Memo-CCIA Rehabilitate Terminal Apron, Phase 2&East GA Apron, Ordinance Grant 57 Appropriation vReading2 Final Prosect Budget-CCIA Rehabilitate Terminal Apron, Phase 2& East GA Apron, Location Map-CCIA Rehabilitate Terminal Apron, Phase 2 &East GA Arpon, P Presentation -CCIA Rehabilitate Terminal Apron, Phase 2&East GA Arpon, Pr Letter of Recommendation -CCIA Rehabilitate Terminal Apron, Phase 2&East Grant 57 Offer O. FIRST READING ORDINANCES: (ITEMS 30) 30. 18-1171 First Reading Ordinance -Amending Tree Advisory Committee Membership Requirements Ordinance amending Tree Advisory Committee membership. Attachments: Agenda Memo-Tree Advisory Committee Ordinance -Amending Tree Advisory Committee membership P. FUTURE AGENDA ITEMS: (ITEMS 31 - 36) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 31. 18-1210 Annual Joint Funding Agreement for Water Resources Investigation with the United States Geological Survey (USGS) Motion authorizing renewal of an annual Joint Funding Agreement for City of Corpus Christi Page 11 Printed on 9/26/2018 City Council Meeting Agenda-Final September 25,2018 Water Resources Investigation with the United States Geological Survey (USGS), U.S. Department of the Interior, for automated river gauging stations to gather and maintain accurate records of water quality and stream flows associated with the Nueces River and its tributary, with the City's cost to be $160,350. Attachments: Agenda Memo- USGS Agreement 2018 Joint Funding Agmt with USGS for Water Resource Investigations 32. 18-1233 Food Program Purchase for the Senior and Summer Youth Feeding Programs Resolution authorizing the purchase up to $421,000.00 in food supplies for the senior and summer youth feeding programs through the Coastal Bend Council of Governments' ("CBCOG") participation in the TEXAS 20 Purchasing Cooperative as organized and administered by the Education Service Center, Region 20. Attachments: Agenda Memo-CBCOG Food Program Purchase Resolution -CBCOG Food Program Purchase TEXAS20 Cooperative Purchaing Agreement-2018-2019 33. 18-1152 Supply Agreement for the Purchase of Garbage Truck Parts Motion authorizing a one-year supply agreement for the purchase of garbage truck parts with Heil of Texas of San Antonio, Texas via BuyBoard cooperative for $220,000, with a one-year option for a total potential multi-year amount not to exceed $440,000. Attachments: Agenda Memo Garbage Truck Parts for Fleet Supply Agreement Garbage Truck Parts for Fleet 34. 18-1156 Supply Agreement for the Purchase of Heavy Equipment Parts for Asset Management Motion authorizing a one-year supply agreement for the purchase of heavy equipment parts with Rush Truck Centers of Texas, LP dba, Rush Truck Center of Corpus Christi, Texas via BuyBoard cooperative for$630,000, with a one-year option for a total potential multi-year amount of$1,260,000. Attachments: Agenda Memo Heavy Equipment Parts for Fleet Supply Agreement Heavy Equipment Part for Fleet 35. 18-1164 Service Agreement for Backflow Prevention Testing and Repairs for City Facilities Motion authorizing a three-year service agreement for backflow prevention testing and repairs for City facilities with Smart Plumbing, Inc. of Corpus Christi, Texas for a total amount not to exceed $276,286. City of Corpus Christi Page 12 Printed on 9/26/2018 City Council Meeting Agenda-Final September 25,2018 Attachments: Agenda Memo-Backflow Preventer Testing for Facilities Bid Tabulation- Backflow preventer Service Agreement Backflow Preventer Testing for Facilities 36. 18-1150 Service Agreement for Plumbing Services for City Facilities Motion authorizing a three-year service agreement with Smart Plumbing Inc of Corpus Christi, Texas for plumbing services for City facilities for a total amount not to exceed $230,625. Attachments: Agenda Memo-Plumbing Services for Asset Management Bid Tabulation- Plumbing Services for Asset Management Service Agreement for Asset Management Q. BRIEFINGS: (ITEMS 37 - 38) 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. The City Manager or City Council Liaison for any city board, commission, committee or corporation(including Type A or B Corporation) may report on the action(s) or discussion(s) of any such body's public meeting that occurred within one month prior to this City Council meeting. 37. 18-1131 Quarterly Update to Council - Harbor Bridge Replacement Project Attachments: Agenda Memo-3rd Quarter 2018 HBRP Update to Council.docx 38. 18-1212 Seawater Desalination Siting and Permitting Project Attachments: Agenda Memo Seawater Desalination Siting Permitting Project Presentation Presentation -2018 0925 Seawater Desalination Briefing R. EXECUTIVE SESSION: (ITEM 39) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. If the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. The City Council may deliberate and take action in open session on any issue that may be discussed in executive session. The description of an item in "Executive Sessions" constitutes the written interpretation by the City Attorney of Chapter 551 of the Texas Government Code and his determination that said item may be legally discussed in Closed Meeting in compliance with Chapter 551 the Texas Government Code. 39. 18-1235 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 purchase, exchange, lease, or value of real property rights owned by the City within the City of City of Corpus Christi Page 13 Printed on 9/26/2018 City Council Meeting Agenda-Final September 25,2018 Corpus Christi at or adjacent to Creekway park (7244 Prairie) and/or other miscellaneous properties in the City limits owned by the City and pursuant to Texas Government Code § 551.072 to deliberate the purchase, exchange, lease, or value of real property (including, but not limited to, property rights at or in the vicinity of the aforementioned location[s]) because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. S. 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. T. ADJOURNMENT City of Corpus Christi Page 14 Printed on 9/26/2018 Cit`' of Corpus Christi 1201 Leopard Street 1 City Corpus Christi,TX 78401 cctexas.com o Meeting Minutes City Council Tuesday, September 18, 2018 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 11:32 a.m. B. Invocation to be given by Deacon Michael Mantz, Diocese of Corpus Christi. Deacon Michael Mantz gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Renee Couture, Assistant City Traffic Engineer. Assistant City Traffic Engineer Renee Couture 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 required Charter Officers were present to conduct the meeting. Charter Officers: Interim City Manager Keith Selman, City Attorney Miles K. Risley, and City Secretary Rebecca L. Huerta. City of Corpus Christi Page 1 Printed on 9/21/2018 City Council Meeting Minutes September 18,2018 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 Everett Roy,Council Member Lucy Rubio, and Council Member Greg Smith E. Proclamations /Commendations 1. Proclamation declaring September 17-23, 2018, "United States Constitution Week". Proclamation declaring September 2018, "National Pediatric Cancer Awareness Month". Check Presentation from Mayor's Hurricane Harvey Fund and Parks, Arts, Leisure, and Seniors (PALS) to Corpus Christi Tennis Association - AI Kruse Tennis Courts Swearing-In Ceremony for Newly Appointed Board, Commission, Committee and Corporation Members. Mayor McComb presented the proclamations and conducted the swearing-in ceremony for newly appointed board and committee members; a check presentation was made; and information was provided regarding the Corpus Christi -Nueces County Heart Walk Challenge. 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. All items on this agenda are considered public hearings. Mayor McComb deviated from the agenda and referred to comments from the public. Leroy Pena, 1801 Bernandino, member of the Red Headed Warriors and Lipan Apache Tribe of Texas, requested that the City designate a day honoring the indigenous population in Corpus Christi. Ray Madrigal de Pancho Villa,4253 Dody,spoke regarding treatment he received during the Corpus Christi Professional Firefighters'Association's forum for mayoral candidates. Garret Dorsey, 14878 Granada,spoke regarding the Corpus Christi Homebuilders Association's contributions to the community and the City working with the Association to solve housing affordability problems in the community. Victor Ibarra, 5525 S. Staples, and John Pope 13857 Cozumel, spoke in opposition to Agenda Item 21, amending the Unified Development Code regarding floodplain administration regulations and adopting a higher standard for Flood Hazard Prevention of 1 foot of freeboard. Margareta Fratila, 3606 Tripoli, discussed entrepreneurship in Corpus Christi and responsiveness City of Corpus Christi Page 2 Printed on 9/21/2018 City Council Meeting Minutes September 18,2018 of elected officials and candidates for elected office.James Skrobarczyk, 714 Oriole, asked questions regarding Agenda Item 22, adopting the Preliminary Flood Insurance Rate Maps (FIRMS), including:that if the Federal Emergency Management Agency does not approve the FIRM maps,would the City revert to the old maps and how areas become exempt; and spoke regarding a City/County Flood Control System. Dave Resendez, 8702 King Ranch and Mike Staff, 7610 Beau Terre,spoke regarding problems related to the water utility billing system and the Utilities Business Office. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor McComb referred to City Manager's Comments. Interim City Manager Keith Selman reported on the following topics: a. STRATEGIC FUTURE ISSUES (NONE) b. OTHER 1) Interim City Manager Selman stated that staff is working to address the issues regarding the utility billing system and response system. Staff is working to bring in representatives from Infor,the utility billing software,to work on the billing system and to conduct a multi-fronted effort with the Call Center, Utilities Business Office and the Utilities Department to improve responses and communication regarding utility billing issues.2)Interim City Manager Selman provided a recap of the items that City Council approved related to the City Council's goals for Economic Development,Water and Streets. 3) Due to recent rain events, Choke Canyon and Lake Corpus Christi are receiving water flows from the Nueces and Frio Rivers. Choke Canyon is not likely to receive enough water to come out of the Stage 1 water restrictions.4)The City's Vector Control unit has been activated to address the mosquitoes and is scheduled to spray the Annaville/Airport areas tonight and Padre Island and Flour Bluff tomorrow. Residents are encouraged to remove standing water and mow the grass on their property to help reduce mosquitoes. 5)Interim City Manager Selman provided an update on the success of the Sandbag Program. 6)The City's Public Libraries are holding the"Food-for-Fines Program"in honor of National Hunger Awareness. The program allows citizens to clear overdue fines by donating non-perishable food and pet food items. Each non-perishable item is worth a$1.00 towards an outstanding fine. 7)Interim City Manager Selman presented a video related to the Chaparral Street two-way conversion. Council members and Interim City Manager Selman spoke regarding the following topics: a timeline to address the billing system and responsiveness; the number of mosquito trucks in service; mosquito prevention efforts in the Kings Crossing Subdivision;the Infor utility billing software system;the number of employees in the Call Center;the multi-fronted effort to communicate to citizens regarding utility billing concerns; and a news release regarding water releases from Lake Corpus Christi. G. MINUTES: 2. Regular Meeting of September 11, 2018. Mayor McComb referred to approval of the minutes. City Secretary Rebecca L. City of Corpus Christi Page 3 Printed on 9/21/2018 City Council Meeting Minutes September 18,2018 Huerta announced that the minutes would need to be amended on page 5 to reflect Council Member Hunter was absent for the vote on the Consent Agenda items, not Council Member Lindsey-Opel. Council Member Garza made a motion to amend the minutes as stated, seconded by Council Member Rubio and passed unanimously. Council Member Garza made a motion to approve the minutes as amended, seconded by Council Member Rubio and passed unanimously. H. BOARD &COMMITTEE APPOINTMENTS: 3. Corpus Christi Convention and Visitors Bureau Ethics Commission Sister City Committee Mayor McComb referred to board and committee appointments. The following appointments were made: Corpus Christi Convention and Visitors Bureau Council Member Garza made a motion to reappoint Terri Adams (Attraction Industry),seconded by Council Member Lindsey-Opel and passed (Council Member Hunter voting "No"). Council Member Garza nominated Tom Schmid (Attraction Industry). Council Smith nominated Steve Banta(Attraction Industry). Tom Schmid (Attraction Industry)was appointed with Mayor McComb and Council Members Lindsey-Opel, Guajardo, Garza, Molina, and Hunter voting for Tom Schmid and Council Members Rubio, Smith and Roy voting for Steve Banta. Ethics Commission Council Member Garza made a motion to reappoint Richard (Rick) E. Milby, seconded by Council Member Hunter and passed unanimously. Council Member Rubio nominated Edward Sample. Council Member Molina nominated James M. Hernandez. Council Member Lindsey-Opel nominated Sandra Sanchez. Edward Sample and Sandra Sanchez were appointed with Mayor McComb and Council Members Hunter, Garza, Guajardo, Smith, Lindsey-Opel and Rubio voting for Edward Sample; Mayor McComb and Council Members Hunter, Molina, Roy, Guajardo, Smith, Lindsey-Opel and Rubio voting for Sandra Sanchez; and Council Members Molina, Roy, and Garza voting for James M. Hernandez. Sister City Committee Council Member Rubio made a motion to reappoint Melody H. Cooper City of Corpus Christi Page 4 Printed on 9/21/2018 City Council Meeting Minutes September 18,2018 (Economic Development Sector),seconded by Council Member Garza and passed unanimously. Council Member Hunter made a motion to appoint Heather Moretzsohn (Advisory, Non-voting member)to a one-year term,seconded by Council Member Garza and passed unanimously. Council Member Garza made a motion to appoint Luis F. Cabrera(Port Industries of Corpus Christi), Sharron K. Hines (Greater Corpus Christi Hospitality Association), and Mark C.Arnold (At-Large),seconded by Council Member Lindsey-Opel and passed unanimously. I. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 4 - 27) Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda. Council members requested that Items 17,20,21 and 22 be pulled for individual consideration. Interim City Manager Keith Selman stated that the applicant for the rezoning Case No. 0718-04 May Dev. LP requested that Item 19 be pulled for individual consideration. There were no comments from the public. A motion was made by Council Member Lindsey-Opel,seconded by Council Member Molina, to approve the Consent Agenda. 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 Roy, Council Member Rubio and Council Member Smith Abstained: 0 4. Three-Year Service Agreement for Arbitrage Compliance Services Motion authorizing a three-year service agreement for arbitrage compliance services with Arbitrage Compliance Specialists, Inc., Centennial, Colorado, for$46,500 with two one-year options for a potential multi-year contract amount of$77,500. This Motion was passed on the consent agenda. Enactment No: M2018-167 5. Type B Economic Development Agreement Motion approving an agreement with the Corpus Christi B Corporation for management of the Corporation's economic development funds. This Motion was passed on the consent agenda. City of Corpus Christi Page 5 Printed on 9/21/2018 City Council Meeting Minutes September 18,2018 Enactment No: M2018-168 6. Interlocal Agreement for Distribution of Grant Funds Resolution authorizing Interlocal Agreements with City of Robstown for distribution of$10,217 from FY2017 Edward Byrne Memorial Justice Grant Program funds. This Resolution was passed on the consent agenda. Enactment No: 031536 7. Professional Services Contract for the Area Development Plans Project Motion to authorize execution of a professional services contract with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $300,000 for the Area Development Plans project. This Motion was passed on the consent agenda. Enactment No: M2018-169 8. Professional Services contract for the Automated Pavement Condition Index Survey project Motion authorizing a contract for professional services with Transmap Corporation, headquartered in Upper Arlington, Ohio in the amount of $220,983.19 for the Base Bid and Additive Alternate No. 2 for the Automated Pavement Condition Index Survey project. This Motion was passed on the consent agenda. Enactment No: M2018-170 9. Professional Services Contract for the Packery Channel Restoration Project Motion to authorize execution of Amendment No. 1 with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of$301,008 for a total restated fee of$351,005 for the Packery Channel Restoration project. This Motion was passed on the consent agenda. Enactment No: M2018-171 10. Purchase of Seven Ford Trucks for Parks and Recreation Motion authorizing the purchase of six Ford F-250 trucks and one Ford City of Corpus Christi Page 6 Printed on 9/21/2018 City Council Meeting Minutes September 18,2018 F-350 truck with AutoNation Ford of Corpus Christi, Texas and Bluebonnet Ford of New Braunfels, Texas based on Request for Bid No. 1794 for a total amount not to exceed $264,753.00. This Motion was passed on the consent agenda. Enactment No: M2018-172 11. Purchase of three tractors for Parks and Recreation Motion authorizing the purchase of three John Deere Tractors from Deere & Company, of Cary, North Carolina, via Buy Board cooperative for $162,091.63. This Motion was passed on the consent agenda. Enactment No: M2018-173 12. Lease Purchase of Six Trucks and Two Trailers for Solid Waste Operations Motion authorizing the lease purchase of four side loading refuse truck from Rush Truck Center of New Braunfels, Texas, and two rear-loading refuse trucks from Grande Truck Center of San Antonio, Texas and two transfer trailers from Rush Truck Center of New Braunfels, Texas via Houston-Galveston Area Council (HGAC) for a total amount not to exceed $2,013,177.48. This Motion was passed on the consent agenda. Enactment No: M2018-174 13. Purchase of Two Trucks for Utilities Motion authorizing the purchase of two Ford F-250 pickup trucks from Rush Truck Center of New Braunfels, Texas, via BuyBoard Purchasing Cooperative for a total amount not to exceed $92,118.00. This Motion was passed on the consent agenda. Enactment No: M2018-175 14. Service agreement for Custodial Services for Fleet Maintenance Buildings Motion authorizing a one-year service agreement for custodial services with Hilario O. Ortega, Jr., dba A Plus Janitorial and Mowing Services of Corpus Christi, Texas for a total amount of$18,995.16, with two one-year options for a total potential multi-year amount of$56,985.48. This Motion was passed on the consent agenda. City of Corpus Christi Paye 7 Printed on 9/21/2018 City Council Meeting Minutes September 18,2018 Enactment No: M2018-176 15. Purchase of Refuse and Recycling Carts for Solid Waste Motion authorizing the purchase of refuse and recycling carts from Cascade Engineering of Grand Rapids, Michigan, via Houston-Galveston Area Cooperative (HGAC), in the total amount not to exceed $499,344.40. This Motion was passed on the consent agenda. Enactment No: M2018-177 16. Actuarial Services for Risk Management Motion authorizing a five year service agreement to provide Actuarial Services for the City's Risk Management Division with AMI Risk Consultants, Inc., of Miami, Florida for a not to exceed value of$60,000. This Motion was passed on the consent agenda. Enactment No: M2018-178 18. Second Reading Ordinance - Rezoning property at or near 7001 South Staples Street (1st Reading 9/11/18) (3/4 Vote Required) Case No. 0718-03 Dr. Haysam Dawod, DDS: Planning Commission and Staff Recommendation (July 25. 2018): Denial of the change of zoning from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District, in lieu thereof: Ordinance rezoning property at or near 7001 South Staples Street from "CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031537 23. Second Reading Ordinance -Accepting a Grant to support the Web Based Emergency Operations Center(WEBEOC) (1st Reading 9/11/18) Ordinance authorizing acceptance of$15,000 grant from Coastal Bend Regional Advisory Council for City's WebEOC operations; and appropriating $15,000 into Fire Grant Fund. This Ordinance was passed on second reading on the consent agenda. City of Corpus Christi Paye 8 Printed on 9/21/2018 City Council Meeting Minutes September 18,2018 Enactment No: 031542 24. Second Reading Ordinance -Appropriation of Increased Revenue at the City's Warehouse (1st Reading 9/11/18) Ordinance appropriating estimated increased revenues of$750,000 to cover projected increased expenses in the City's Warehouse related to the cost of Warehouse merchandise sold; and amending the operating budget by increasing estimated revenues and expenditures by $750,000 each. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031543 25. Second Reading Ordinance -Appropriating funds and approving contract for High Intensity Activated Crosswalk (HAWK) Traffic Signal at Ocean Drive and Del Mar Boulevard (Bond 2012, Proposition 1) (1st Reading 9/11/18) Ordinance appropriating into Street CIP Fund 3530; changing Capital Improvement Program Budget by $131,483.04 and authorizing execution of a construction contract with Maldonado-Burkett Intelligent Transportation Systems, Inc. of Corpus Christi, Texas in the amount of $164,353.81 for construction of a HAWK Traffic Signal at Ocean Drive and Del Mar Boulevard. (Bond 2012, Proposition 1). This Ordinance was passed on second reading on the consent agenda. Enactment No: 031544 26. Second Reading Ordinance -Agreement for Frontera Historical and Cultural Events (1st Reading 9/11/18) Ordinance authorizing an agreement with Corpus Christi Convention and Visitors Bureau to allow use of La Retama Park near Schatzel and Mesquite Streets for the Frontera event and related activities on November 2 thru November 4, 2018. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031545 27. Second Reading Ordinance -Accepting and Appropriating Grant Funds from the National Recreation and Park Association (1 st Reading 9/11/18) Ordinance accepting a grant in the amount of$15,000 from the National Recreation and Park Association for the Conserve Our Parks CITGO City of Corpus Christi Paye 9 Printed on 9/21/2018 City Council Meeting Minutes September 18,2018 Service Days. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031546 17. Corpus Christi Convention and Visitors Bureau Contract Amendment Motion authorizing Amendment No. 1 to the Consulting Services Agreement with the Corpus Christi Convention and Visitors Bureau to extend the Agreement on a month-to-month basis until a new agreement can be reached. Mayor McComb referred to Item 17. Business Liaison Arlene Medrano stated that the purpose of this item is to approve an amendment to the Consulting Services Agreement with the Corpus Christi Convention and Visitors Bureau (CVB)to extend the agreement on a month-to-month basis until a new agreement can be reached. The existing three-year agreement will expire on September 30,2018. Per the City's Annual Audit Plan, the City Auditor is conducting a contract audit of this agreement.As a result, a new multi-year agreement with the CVB is being postponed until said audit is complete. There were no comments from the public. A council member spoke regarding the review of the CVB's contract audit and encouraged staff to expedite the review. Council Member Rubio made a motion to approve the motion, seconded by Council Member Smith. This Motion 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 Roy, Council Member Rubio and Council Member Smith Abstained: 0 Enactment No: M2018-179 19. Second Reading Ordinance - Rezoning property at or near 7601 South Padre Island Drive and 5246 Lexington Road (1st Reading 9/11/2018) (3/4 Vote Required) Case No. 0718-04 May Dev, LP: Planning Commission and Staff Recommendation (July 25, 2018): Denial of the change of zoning from the "CG-2" General Commercial District to the "IL" Light Industrial District, in lieu thereof: Ordinance rezoning property at or near 7601 South Padre Island Drive and 5246 Lexington Road from "CG-2" General Commercial District to City of Corpus Christi Page 10 Printed on 9/21/2018 City Council Meeting Minutes September 18,2018 the "CG-2/SP" General Commercial District with a Special Permit. Mayor McComb referred to Item 19, rezoning of property at or near 7601 South Padre Island Drive and 5246 Lexington Road. Director of Development Services Nina Nixon-Mendez stated that the applicant is requesting that the ordinance be amended to include the following language to Section 2, Special Permit Condition#8, Time Limit: The duration of closure of business will not include the time closed due to force majeure type situations such as act of God. There were no comments from the public. Council Member Lindsey-Opel made a motion to amend the ordinance by adding the stated language to Section 2, Special Permit Condition #8, seconded by Council Roy and passed unanimously. Council Member Garza made a motion to approve the ordinance as amended, seconded by Council Member Lindsey-Opel. This Ordinance was passed on second 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 Roy, Council Member Rubio and Council Member Smith Abstained: 0 Enactment No: 031538 20. Second Reading Ordinance -Amending the Unified Development Code to clarify language in specific areas (1st Reading 9/11/18) Ordinance amending the Unified Development Code regarding defined terms, exceptions from platting requirements, minor, amending or vacating plat review applicability, commercial districts permitted uses, commercial use categories, specific standards, water trust fund, and wastewater trust fund. Mayor McComb referred to Item 20, amending the Unified Development Code. Director of Development Services Nina Nixon-Mendez stated that at the September 11,2018 Council meeting,the ordinance was amended to remove the provisions related to the distance requirements for a bar, tavern or pub and smoking lounges to allow staff to provide additional outreach related to the bar provision and clarify the definition regarding smoking lounges. There were no comments from the public. Council members and staff discussed the following topics: clarifying the definition regarding smoking lounges and cross referencing with existing ordinances; hookah lounges; and the use of e-cigarettes in restaurants. Council Member Smith made a motion to approve the ordinance,seconded by Council Member Garza. This Ordinance was passed on second reading and approved with the following vote: City of Corpus Christi Page 11 Printed on 9/21/2018 City Council Meeting Minutes September 18,2018 Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 Enactment No: 031539 21. Second Reading -Amending the Unified Development Code regarding floodplain administration regulations (1st Reading 9/11/18) Ordinance amending the Unified Development Code to remove the floodplain administration regulations; and providing for penalties. Mayor McComb referred to Item 21, amending the Unified Development Code regarding floodplain administration and Item 22, adopting the Preliminary Flood Insurance Rate Maps (FIRMs). Director of Development Services Nina-Nixon Mendez, Floodplain Manager Yvette Dodd and council members discussed the following topics:the process for adopting the preliminary FIRMS and final adoption;the proposed higher standards for Flood Hazard Prevention to increase freeboard to 1 foot;that if the Federal Emergency Management Agency(FEMA) did not approve the FIRMS, the City would revert back to the old maps;the appeals by Nueces County;the Oso Creek Appeal; concern from the Coastal Bend Homebuilders Association regarding increasing freeboard to 1 foot; costs associated with higher standards; if the FIRMs include the City's extraterritorial jurisdiction; if the FIRMs include zone change to LiMWA; if adoption of FIRMs change building practices or standards that currently exist; that freeboard measurement begins at the first habitable floor;the insurance rate savings for 1 foot of freeboard; communication with stakeholders; and the consequences of not approving the preliminary FIRMS. There were no comments from the public. Council Member Smith made a motion to approve the ordinance,seconded by Council Member Lindsey-Opel. This Ordinance was passed on second 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 Roy, Council Member Rubio and Council Member Smith Abstained: 0 Enactment No: 031540 22. Second Reading Ordinance -Adopting the Preliminary Flood Insurance Rate Maps (1st Reading 9/11/18) Ordinance amending the Code of Ordinances to adopt the preliminary flood insurance rate maps; and providing for penalty. This item was discussed during Item 21. City of Corpus Christi Page 12 Printed on 9/21/2018 City Council Meeting Minutes September 18,2018 Council Member Lindsey-Opel made a motion to approve the ordinance, seconded by Council Member Smith. This Ordinance was passed on second reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 Enactment No: 031541 S. EXECUTIVE SESSION: (ITEM 58) Mayor McComb deviated from the agenda and referred to Executive Session Item 58. The Council went into executive session at 1:32 p.m The Council returned from executive session at 2:22 p.m. 58. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning litigation including, but not limited to, the case of Graham Construction Services, Inc. et al v. City of Corpus Christi et al, including potential consideration of settlement offers and/or fees for attorneys, engineers, and other expert witnesses assisting in defense of action(s), including the law firms of Kilpatrick, Townsend, Stockton, LLP, Hartline Dacus Barger Dreyer, LLP, Navigant Consulting, Inc., Scott Hibbs PE, Enprotec, Hibbs & Todd Inc., and other entities providing professional services for the aforesaid case. Mayor McComb referred to Item 58 and the following motion was considered: Motion to authorize the execution of amendments, agreements and encumbrance of funds for legal, engineering, and other professional consulting and/or expert witness services and associated court reporter, copy, and travel costs and mediator fees for the lawsuit of Graham Construction Services, Inc.v. City of Corpus Christi in amounts not to exceed $1,265,700 with the law firms of Kilpatrick Townsend &Stockton, LLP, Hartline Dacus Barger Dreyer, LLP, Richard P. Flake, PLLC and the consulting/engineering/expert firms of Ankura Consulting Group(fka Navigant Consulting), Enprotec,WJE, FTI and US Legal and authorize carry-over of unexpended funds into the following fiscal years. Council Member Lindsey-Opel made a motion to approve the motion, seconded by Council Member Rubio. This Motion 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 Roy, Council Member Rubio and Council Member Smith Abstained: 0 Enactment No: M2018-180 City of Corpus Christi Page 13 Printed on 9/21/2018 City Council Meeting Minutes September 18,2018 L. RECESS FOR LUNCH The recess for lunch was held during Executive Session Item 58. M. BUDGET RELATED ITEMS: (ITEMS 28 - 32) 28. Amendment to Financial Budgetary Policies Resolution amending Financial Budgetary Policies adopted by Resolution 031240 and providing financial policy direction on preparation of the annual budgets. Mayor McComb referred to Item 28. Director of Management and Budget Eddie Houlihan stated that the purpose of this item is to amend the Financial Budgetary Policies. Mr. Houlihan provided a brief overview of the financial budgetary policies and proposed amendments. There were no comments from the public. Council members and staff discussed the following topics:the policy regarding the transfer of funds from the General Fund to the Residential Street Reconstruction Fund; review of the debt management policy by the financial advisor;funding for capital improvement projects;staff's responsibility to oversee capital improvement projects and ensure they remain on target; if the budget includes expected revenue from grants; and a dedicated fund regarding the drought surcharge from large-volume industrial customers to ensure future water supply. Mayor McComb made a motion to amend the financial budgetary policies to include a dedicated fund regarding the drought surcharge from large-volume industrial customers to ensure future water supply, seconded by Council Member Lindsey-Opel and passed unanimously. Council Member Lindsey-Opel made a motion to approve the resolution as amended,seconded by Council Member Garza. This Resolution was passed 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 Roy, Council Member Rubio and Council Member Smith Abstained: 0 Enactment No: 031547 29. Second Reading Ordinance -Adoption of Proposed FY 2018-2019 Operating Budget (1st Reading 9/11/18) Ordinance adopting the City of Corpus Christi operating budget for the fiscal year 2018-2019 beginning October 1, 2018; to be filed with the county clerk; appropriating monies as provided in the budget; and City of Corpus Christi Page 14 Printed on 9/21/2018 City Council Meeting Minutes September 18,2018 providing for severance. Mayor McComb referred to Item 29. Director of Management and Budget Eddie Houlihan stated that the purpose of this item is to adopt the proposed FY2018-2019 Operating Budget. Mr. Houlihan presented the following information:the full-time equivalent count; revenues and expenditures; a history of the property tax rates;the projected fund balance in the General Fund, Internal Service Funds; Enterprise Funds, and Special Revenue Funds; and a proposed budget amendment to increase expenditures by$50,000 for the Reinvestment Zone No.2 Feasibility Study. There were no comments from the Council or the public. Council Member Garza made a motion to amend the ordinance by increasing expenditures by$50,000, seconded by Council Member Lindsey-Opel and passed unanimously. Council Member Garza made a motion to approve the ordinance as amended, seconded by Council Member Lindsey-Opel. This Ordinance was passed on second 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 Roy, Council Member Rubio and Council Member Smith Abstained: 0 Enactment No: 031548 30. Second Reading Ordinance - Ratifying increase in property tax revenues from FY2017-2018 Operating Budget (1st Reading 9/11/18) Ordinance to ratify increase of$7,680,380 in property tax revenues from last year's operating budget as reflected in the 2018-2019 operating budget. Mayor McComb referred to Item 30. Director of Management and Budget Eddie Houlihan stated that the Texas Local Government Code provides that adopting a budget that requires raising more property tax revenue than the previous year requires a separate vote of the City Council. The purpose of this item is to ratify the increase of$7,680,380 in property tax revenues. There were no comments from the public. Council members discussed the following topics: a council member explained his "No"vote to increase property taxes;the property tax rate including the voter-approved two-cents dedicated to residential streets; and that the City Council did not implement the voter-approved two-cent increase in FY2017-2018 due to Hurricane Harvey. Mayor McComb made a motion to approve the ordinance,seconded by Council Member Rubio. This Ordinance was passed on second reading and approved with the following vote: City of Corpus Christi Page 15 Printed on 9/21/2018 City Council Meeting Minutes September 18,2018 Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Nay: 1 - Council Member Hunter Abstained: 0 Enactment No: 031549 31. Second Reading Ordinance -Approving Fiscal Year 2018 - 2019 Capital Budget and Capital Improvement Planning Guide (1st Reading 9/11/18) Ordinance approving the Fiscal Year 2018-2019 Capital Budget and Capital Improvement Planning Guide in the amount of$197,583,700. Mayor McComb referred to Item 31.Assistant City Manager Mark Van Vleck stated that the purpose of this item is to approve the FY2018-2019 Capital Budget and Capital Improvement Planning(CIP) Guide. There were no comments from the public. Council members discussed the following topics:future projects to address wastewater issues in downtown, including the Agnes Street Corridor; a recap of the Street program highlights; and that Bond 2018 propositions that are not approved by the voters will be removed from the CIP. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Smith. This Ordinance was passed on second reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 Enactment No: 031550 32. Resolution approving Parks and Recreation fees for fiscal year 2018-2019 Mayor McComb referred to Item 32. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to approve Parks and Recreation fees for FY2018-2019. There were no comments from the public. Council members and staff discussed the following topics: if the aquatics fees attributed to the reduction in aquatics revenue; that tennis center fees will stay the same until the new contracts are in place;the five-year plan to gradually increase Parks and Recreation fees; and tournament and rental fees charged at the Al Kruse Tennis Center. Council Member Lindsey-Opel made a motion to approve the resolution, seconded by Council Member Garza. This Resolution was passed and City of Corpus Christi Page 16 Printed on 9/21/2018 City Council Meeting Minutes September 18,2018 approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Absent: 1 - Council Member Hunter Abstained: 0 Enactment No: 031551 N. PUBLIC HEARINGS: (ITEMS 33 - 35) 33. Public Hearing and First Reading Ordinance - Rezoning for a Property located at or near 6001 Crosstown Expressway (State Highway 286). Case No. 0818-01 Joshua Kosarek: Ordinance rezoning property at or near 6001 Crosstown Expressway (State Highway 286) from "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District. (3/4 vote required) Planning Commission and Staff Recommendation (August 8, 2018): Denial of the change of zoning from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District, in lieu thereof: Ordinance rezoning property at or near 6001 Crosstown Expressway (State Highway 286) from "RS-6" Single-Family 6 District to the "ON" Neighborhood Office District. Mayor McComb referred to Item 33. Director of Development Services Nina Nixon-Mendez stated that the purpose of this item is to rezone the subject property to allow for the construction of a medical office building. Ms. Nixon-Mendez stated that the Planning Commission and staff recommend denial of the "CN-1" Neighborhood Commercial District, and in lieu thereof, approval of the"ON" Neighborhood Office District. Council members and staff discussed the following topics: business growth in City Council District 3;the"RS-6" Single-Family 6 District zoning along the Crosstown Expressway; staff's recommendation of the "ON" Neighborhood Office District to allow for a more transitional use; and future consideration to rezoning the area to "CN-1" Neighborhood Commercial District. Mayor McComb opened the public hearing. Wade Spenst,222 Cape Aron,the applicant's representative, spoke in support of the rezoning. Mayor McComb closed the public hearing. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Guajardo. This Ordinance was passed on first reading and approved with the following vote: City of Corpus Christi Page 17 Printed on 9/21/2018 City Council Meeting Minutes September 18,2018 Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 34. Public Hearing and First Reading Ordinance - Rezoning for a Property located at or near 4441 South Alameda Street. Case No. 0818-02 Texas Star Investments, Inc: Ordinance rezoning property at or near 4441 South Alameda Street from "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District. (3/4 Vote Required) Planning Commission and Staff Recommendation (August 8, 2018): Denial of the change of zoning from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District in lieu thereof: Ordinance rezoning property at or near 4441 South Alameda Street from "CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit (SP) Mayor McComb referred to Item 34. Director of Development Services Nina Nixon-Mendez stated that the purpose of this item is to rezone the subject property to allow for the construction of an automated car wash. Ms. Nixon-Mendez stated that the Planning Commission and staff recommend denial of the "CG-2" General Commercial District, and in lieu thereof, approval of the"CN-1/SP" Neighborhood Commercial District with a Special Permit. Council members and staff discussed the following topics:the location of the subject property; how the hours of operation would be regulated; if the car wash would increase the load to the City's wastewater system; that the car wash will be recycling water and using a system to separate oil from water; and the frequent use of rezoning with a Special Permit. Mayor McComb opened the public hearing. Sandra Morgan, applicant, stated that the hours of operation will be from 8:00 a.m.to 8:00 p.m. and the facility will be monitored by an attendant. Mayor McComb closed the public hearing. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 City of Corpus Christi Page 18 Printed on 9/21/2018 City Council Meeting Minutes September 18,2018 35. Public Hearing and First Reading Ordinance - Rezoning for a Property located at or near 1804 Buford Avenue. Case No. 0818-03 The Salvation Army: Ordinance rezoning property at or near 1804 Buford Avenue from "RS-6" Single-Family 6 District to the "CG-1/SP" General Commercial District with a Special Permit.(3/4 Vote Required) Planning Commission and Staff Recommendation (August 8, 2018): Denial of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-1/SP" General Commercial District with a Special Permit, in lieu thereof: Ordinance rezoning property at or near 1804 Buford Avenue from "RS-6" Single-Family 6 District to the "RS-6/SP" Single-Family 6 District with a Special Permit Mayor McComb referred to Item 35. Director of Development Services Nina Nixon-Mendez stated that the purpose of this item is to rezone the subject property to allow for a social service use and the construction of a 35,000 square foot transitional housing facility. The property was rezoned "RS-6/SP" Single-Family 6 District with a Special Permit in 2016. It has been over two years since the approval and there has been no action on the Special Permit, therefore,the Special Permit has expired. Ms. Nixon-Mendez stated that the Planning Commission and staff recommend denial of the "CG-1/SP with a Special Permit, and in lieu thereof, approval of the"RS-6/SP" Single-Family 6 District with a Special Permit. Mayor McComb opened the public hearing. Gustavo Perez, Business Manager for the Salvation Army,spoke in support of the rezoning. Mayor McComb closed the public hearing. Council members discussed the following topics: council members expressed appreciation to The Salvation Army for continuing to assist the population most in need in the community;the plans for the old Salvation Army facility; and the total number of beds and rooms planned at the facility to house families, veterans, and single men. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Lindsey-Opel. 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 Roy, Council Member Rubio and Council Member Smith Abstained: 0 O. REGULAR AGENDA: (ITEMS 36 - 37) 36. Ordinance Setting the Property Tax Rate City of Corpus Christi Page 19 Printed on 9/21/2018 City Council Meeting Minutes September 18,2018 Ordinance setting a property tax rate of$0.626264 per $100 valuation which is effectively a 6.63% increase over the effective tax rate; and declaring an emergency. Mayor McComb referred to Item 36, adopting the FY2019 property tax rate of $0.626264 per$100 valuation which is effectively a 6.63%increase over the effective tax rate. Director of Financial Services Constance Sanchez and council members discussed the following topics:that the rate being proposed includes a two-cent increase as approved by the voters to address residential streets; and that the tax rate being adopted is for existing bonds, not future bonds. There were no comments from the public. Mayor McComb made a motion that the property tax rate be increased by the adoption of a tax rate of$0.626264 per$100 valuation,which is effectively a 6.63%increase in the tax rate,seconded by Council Member Garza. This Ordinance was passed on emergency and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Nay: 1 - Council Member Hunter Abstained: 0 Enactment No: 031552 37. Resolution authorizing a Service Agreement for purchase and installation of an ambulance chassis Resolution authorizing a service agreement with Knapp Chevrolet of Houston, Texas, for the purchase and installation of an ambulance chassis for $83,825. Mayor McComb referred to Item 37. Fire Chief Robert Rocha stated that the purpose of this item is to authorize a service agreement for the purchase and installation of an ambulance chassis. There were no comments from the public. Council members, Fire Chief Rocha, and Assistant Fire Chief Rick Trevino discussed the following topics:the status of the AMBUS; the status of the three newly purchased ambulances; and the total cost of an ambulance. Council Member Rubio made a motion to approve the resolution,seconded by Council Member Roy. This Resolution was passed and approved with the following vote: Aye: 7- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Absent: 2- Council Member Hunter and Council Member Lindsey-Opel Abstained: 0 City of Corpus Christi Page 20 Printed on 9/21/2018 City Council Meeting Minutes September 18,2018 Enactment No: 031553 P. FIRST READING ORDINANCES: (ITEMS 38 -47) 38. First Reading Ordinance -Appropriating funds from the Recovery on Damage Claims Ordinance appropriating $92,437.71 from damage claims into General Fund to purchase police vehicles; and changing Operating Budget by increasing revenue and expenditures in the General Fund by $92,437.71. Mayor McComb referred to Item 38. Police Chief Mike Markle stated that the purpose of this item is to appropriate$92,437.71 from damage claims to purchase police vehicles.A council member complimented Chief Markle for identifying funds for the Police Department. There were no comments from the public. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Molina. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Absent: 2- Council Member Hunter and Council Member Lindsey-Opel Abstained: 0 39. First Reading Ordinance -Accepting and appropriating grant funds for Fire Department Ordinance authorizing acceptance of$1,000 grant from NuStar Energy L.P.; and appropriating $1,000 from NuStar Energy L.P. into Fire Grant Fund. Mayor McComb referred to Item 39. Fire Chief Robert Rocha stated that the purpose of this item is to accept and appropriate a$1,000 grant from NuStar Energy L.P. There were no comments from the Council or the public. Council Member Molina made a motion to approve the ordinance, seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Absent: 2- Council Member Hunter and Council Member Lindsey-Opel Abstained: 0 40. First Reading Ordinance -Amending the Women, Infant and City of Corpus Christi Page 21 Printed on 9/21/2018 City Council Meeting Minutes September 18,2018 Children's Nutrition Program (WIC) grant contract from the Health and Human Services Commission Ordinance authorizing an amendment to the Women, Infant and Children's Nutrition Program (WIC) grant contract from the Health and Human Services Commission. Mayor McComb referred to Item 40. Director of Public Health Annette Rodriguez stated that the purpose of this item is to accept a grant amendment to the Women, Infant and Children's Nutrition Program (WIC)grant from the Texas Department of Health and Human Services. There were no comments from the Council or the public. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Lindsey-Opel. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy and Council Member Rubio Absent: 2- Council Member Hunter and Council Member Smith Abstained: 0 41. First Reading Ordinance - Construction Contract for Laguna Shores Road Force Main Replacement (Capital Improvements Program (CIP) Ordinance rejecting the apparent low bid of Jhabores Construction Company, Inc., as non-responsive and authorizing a construction contract with Max Underground Construction, LLC of Corpus Christi, Texas as the lowest responsive, responsible bidder in the amount of$4,425,112.50 for the Base Bid plus Additive Alternate No. 1 and Additive Alternate No. 2 for the Laguna Shores Road Force Main Replacement project (Wastewater CIP). Mayor McComb referred to Item 41. Director of Engineering Services Jeff Edmonds stated that the purpose of this item is to reject the apparent low bid of Jhabores Construction Company, Inc., as non-responsive, and execute a construction contract with Max Underground Construction, LLC for the Laguna Shores Road Force Main Replacement project. There were no comments from the public. Council members and staff discussed the following topics:the price difference between the bid of Jhabores Construction Company, Inc. and Max Underground Construction, LLC;the apparent low bidder,Jhabores Construction Company, Inc.'s failure to sign the bid and meet the requirements of the bid documents; how bids are submitted; and the importance of upholding the policy regarding bid documents. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Lindsey-Opel. This Ordinance was passed on first reading and City of Corpus Christi Page 22 Printed on 9/21/2018 City Council Meeting Minutes September 18,2018 approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Absent: 1 - Council Member Guajardo Abstained: 0 42. First Reading Ordinance -Accepting and Appropriating funds and approving Construction Contract for Corpus Christi International Airport (CCIA) Rehabilitate Terminal Apron Phase II and East General Aviation Phase II projects Ordinance to accept and appropriate Airport Grant#57 in Fund 3020; appropriate and transfer$725,805 from Fund 4612 to Fund 3018 and authorizing a construction contract with SpawGlass Civil Construction of Corpus Christi, Texas in the amount of$7,221,798.15 for Base Bid and Alternates for the Corpus Christi International Airport (CCIA) Rehabilitate Terminal Apron Phase II and East General Aviation Apron Phase III projects. Mayor McComb referred to Item 42. Director of Aviation Fred Segundo stated that the purpose of this item is to accept and appropriate $6,532,544 in the Airport Grant#57; appropriate and transfer$725,805 to the Airport Capital Reserve Fund; and execute a construction contract with SpawGlass Civil Construction for the Corpus Christi International Airport Rehabilitation Terminal Apron Phase II and East General Aviation Apron Phase III projects. There were no comments from the public. A council member asked questions regarding the life expectancy of the runway and the design specifications. Council Member Lindsey-Opel made a motion to approve the ordinance, seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Absent: 1 - Council Member Guajardo Abstained: 0 43. First Reading Ordinance -Authorizing an Airline Use and Lease Agreement with American Airlines Ordinance authorizing a three-year airline use and lease agreement with American Airlines to be effective as of October 1, 2017, with one two-year option. City of Corpus Christi Page 23 Printed on 9/21/2018 City Council Meeting Minutes September 18,2018 Mayor McComb referred to Item 43. Director of Aviation Fred Segundo stated that Items 43 and 44 are related and the purpose is to execute a three-year airline use and lease agreement with American Airlines and Southwest Airlines,to be effective as of October 1,2017,for airline operations. There were no comments from the public. A council member commented on staff's work regarding the negotiation of the contracts to ensure the continued operation of multiple airlines at the Airport. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 44. First Reading Ordinance -Authorizing an Airline Use and Lease Agreement with Southwest Airlines Ordinance authorizing a three-year airline use and lease agreement with Southwest Airlines to be effective as October 1, 2017, with one two-year option. This item was discussed during Item 43. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 Budget Related First Reading Ordinances: (ITEMS 45 -47) 45. First Reading Ordinance -Amending City Code regarding utility taps and connections Ordinance amending City Code Sections 55-70 through 55-72 regarding utility taps and connections. Mayor McComb referred to Item 45. Executive Director of Public Utilities Dan Grimsbo stated that the purpose of this item is to amend the City's Code of Ordinances regarding water utility meter and tap fees. The presentation team included Assistant Director of Maintenance and Lines Wes Nebgen. Mr. Grimsbo presented the following information:the number of meters and taps the City worked on in 2017;the current and proposed costs for meter sets; the City of Corpus Christi Page 24 Printed on 9/21/2018 City Council Meeting Minutes September 18,2018 current and proposed water tap fees for street cuts and easements, inside and outside the City limits;the installation of water taps and meter sets; and the current and proposed wastewater tap fees for street cuts and easements. Council members and staff discussed the following topics: a breakdown of taps and meters installed by City contractors;that installation of taps and meters for street projects are not included in these fees; how often water taps are contracted; feedback from the Coastal Bend Homebuilders Association regarding the fee changes;that meter sets are installed by City personnel to ensure that the City is receiving accurate information;that the increase is needed to recover an estimated$400,000 of actual costs of providing service; the current costs for utility meters and tap fees; how the City has been supplementing the costs; if staff has considered alternative increases;the last time the rates were changed; that the supplemental costs are being charges to ratepayers through utility bills;the total costs of the program;the proposed water meter set fees;the distinction between water meter sets and tap fees; review of a policy regarding waiving fees;the number of utility customers that are supplementing the current fees; if fee charges will be updated through the Infor System; permitting through the Development Services Department;the breakdown of utility charges on utility bills; storm water charges; meter sets for new subdivisions; review of the water rate structure;water tap fees inside the city limits; consideration to postpone the effective date;that billing issues need to be resolved immediately; and by increasing the fees, the cost would be removed from the water rate model. Council Member Lindsey-Opel made a motion to approve the ordinance, seconded by Council Member Rubio. This Ordinance failed on first reading and was not approved with the following vote: Aye: 2- Council Member Lindsey-Opel and Council Member Rubio Nay: 7- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 46. First Reading Ordinance -Amending City Code to increase collection fees for Solid Waste Ordinance amending the Corpus Christi Code of Ordinances, Chapter 21, Section 40, to increase collection fees for solid waste. Mayor McComb referred to Item 46. Director of Solid Waste Operations Lawrence Mikolajczyk stated that the purpose of this item is to amend the City's Code of Ordinances to increase collection fees for solid waste. Mr. Mikiolajczyk presented the following information:the proposed rate increase of$2.21 to monthly residential and commercial solid waste utility accounts; a breakdown of the fee; and the current and proposed rates. There were no comments from the public. Council members and staff discussed the following topics: clarification on commercial collections; the breakdown of fees; how multi-family complexes and other large industrial customers will share in the costs associated with the rate changes; if the City is being equitable between residential and City of Corpus Christi Page 25 Printed on 9/21/2018 City Council Meeting Minutes September 18,2018 commerical customers; if tipping fees are being increased; Cefe Valenzuela Landfill cell construction; landfill contracts; new and replacement carts; amendments to landfill contracts; unfunded state air monitoring requirements; when the next cell construction is expected; concern with the timing of the increases; how the increases are factored into the operating budget; and if there are fees/penalties associated with overflowing carts. Council Member Lindsey-Opel 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: 6- Mayor McComb, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Nay: 3- Council Member Garza, Council Member Guajardo and Council Member Hunter Abstained: 0 47. First Reading Ordinance - Transferring funds for erosion, drainage, and 3D modeling work for the North Beach Area Ordinance transferring $23,000 from the City Council business accounts in the General Fund to the Comprehensive Planning Department Budget for Beach Erosion, Drainage, and 3D modeling work for the North Beach area. Mayor McComb referred to Item 47. Director of Management and Budget Eddie Houlihan stated that the purpose of this item is to transfer$23,000 from City Council business accounts to the Comprehensive Planning Department's budget for beach erosion, drainage, and 3D modeling work for the North Beach area. Mr. Houlihan stated that at the September 11,2018 City Council meeting, City Council directed staff to identify funding sources for this work. Council members and staff discussed the following topics:the motion of direction approved by the City Council at the September 11,2018 Council meeting;the legal opinion on the use of the City Council business accounts; the members of the North Beach Task Force;staff's decision to identify the City Council's business accounts as a funding source;the North Beach Initiative and addressing the drainage plan for North Beach in relation to the new Harbor Bridge Project; previous requests by council members to use their City Council business accounts to fund other departments and outside organizations;the total City Council business account budget; beach erosion and dredging on North Beach;the project scope;the 3D modeling work; use of Type B funds to address drainage issues on North Beach to stimulate economic development; a council member stated that he preferred his business account funds to be utilized to benefit District 2;the urgency of addressing the work for the North Beach area; and that Council Members Lindsey-Opel, Rubio, Garza, and Hunter agreed to use the remaining funds from their City Council business accounts to fund the work for North Beach. Council Member Lindsey-Opel made a motion to amend the ordinance by using the remaining business account balances of Council Members Lindsey-Opel, Rubio, Garza, Hunter totaling $12,600,seconded by Council Member Rubio. City of Corpus Christi Page 26 Printed on 9/21/2018 City Council Meeting Minutes September 18,2018 Council Member Roy made a motion to amend the motion to include Council Member Roy's remaining City Council business account in the amount of $3,400, totaling $16,000 to fund the work for North Beach,seconded by Council Member Rubio. The motion to amend was passed and approved with the following vote: Council Members Roy, Rubio, Smith, Garza, Hunter, and Lindsey-Opel voting "Aye"; Mayor McComb and Council Members Guajardo and Molina voting"No". Council Member Lindsey-Opel made a motion to approve the ordinance, seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: Aye: 6- Council Member Garza, Council Member Hunter, Council Member Lindsey-Opel, Council Member Roy, Council Member Rubio and Council Member Smith Nay: 3- Mayor McComb, Council Member Guajardo and Council Member Molina Abstained: 0 Q. FUTURE AGENDA ITEMS: (ITEMS 48 - 56) Mayor McComb referred to Future Agenda Items. Interim City Manager Keith Selman stated that staff had no planned presentations.A council member requested information on Items 48 and 50. 48. Resolution authorizing a Service Agreement for the Purchase of Code Enforcment Applications Software License Resolution authorizing a five-year service agreement for the purchase of GovQA Code Enforcement Applications Software License from WebQA, Inc., dba GovQA, Woodridge, IL, for $75,000. This Resolution was recommended to the consent agenda. 49. Purchase of Veterinary Medicines and Supplies for Animal Care Services Motion authorizing a one-year supply agreement with Patterson Veterinary Supply, Inc. of Greeley, Colorado for the purchase of veterinary medicines and supplies for a total amount not to exceed $380,426.15. This Motion was recommended to the consent agenda. 50. Professional Services Contract Amendment No. 1 for Greenwood Wastewater Treatment Plant (WWTP) Headworks & Grit Removal Rehabilitation (Capital Improvement Program) Motion to authorize execution of Amendment No. 1 with Urban Engineering of Corpus Christi, Texas in the amount of$335,200 for a City of Corpus Christi Paye 27 Printed on 9/21/2018 City Council Meeting Minutes September 18,2018 total restated fee of$380,400 for Greenwood Wastewater Treatment Plant (WWTP) Headworks & Grit Removal Rehabilitation project. This Motion was recommended to the consent agenda. 51. Lease-Purchase of Two Dump Trucks and One Excavator for Street Operations Motion authorizing the lease purchase of two 12 cubic yard dump trucks from Houston Freightliner Inc., of Houston, Texas, and one Gradall excavator from Waukesha-Pearce Industries, LLC of Corpus Christi, Texas via Houston-Galveston Area Council and BuyBoard Cooperative for a total amount of$765,824.59. This Motion was recommended to the consent agenda. 52. Lease Purchase of Vactor Truck and Heavy Equipment for Utilities Motion authorizing the lease purchase of one Vactor combination sewer truck from Houston Freightliners of Houston, Texas, one 2019 Western Star tractor from Grande Truck Center of San Antonio, Texas; and one CPS half round end dump trailer and one 55-ton Low Boy trailer from J&B Pavelka of Houston, Texas via Houston-Galveston Area Council for $ 694,880.30. This Motion was recommended to the consent agenda. 53. Purchase of Auto Parts for Fleet Maintenance Motion authorizing one-year supply agreement for the purchase of automotive parts with O'Reilly Auto Enterprises LLC, dba O'Reilly Auto Parts of Springfield, Missouri via BuyBoard cooperative for a total amount not to exceed $140,000. This Motion was recommended to the consent agenda. 54. Professional Services Contract Solid Landfill Groundwater Monitoring Motion to authorize execution of a professional services contract with Terracon Consultants, Inc. of Corpus Christi, Texas for the Solid Waste Landfill Groundwater Monitoring project in the amount of$225,191 per year with the option to administratively renew for two additional years for a total contract price of$675,573. This Motion was recommended to the consent agenda. 55. Meal Delivery Service for Senior Community Services and Summer Feeding Program City of Corpus Christi Paye 28 Printed on 9/21/2018 City Council Meeting Minutes September 18,2018 Motion authorizing a three-year service agreement with R&R Delivery Service of Corpus Christi, Texas for meal delivery service for $678,178.80. This Motion was recommended to the consent agenda. 56. Supply Agreement for Purchase of Hydrofluorsilicic Acid for Water Treatment at O. N. Stevens Water Treatment Plant Motion authorizing a one-year supply agreement for the purchase of hydrofluorosilicic acid from Univar USA, Inc. from Kent, Washington for $195,750.00. This Motion was recommended to the consent agenda. R. BRIEFINGS: (NONE) S. EXECUTIVE SESSION: (ITEMS 57 AND 59) Mayor McComb referred to Executive Session Items 57 and 59. The Council went into executive session at 6:33 p.m. The Council returned from executive session at 7:13 p.m. 57. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the City's contracts related to waste management, handling, and disposal and state and federal regulations related to the disposal of solid waste and/or recycling, including but not limited to, the City's contracts with Republic Services, BFI Waste Services of North America, Inc. and BFI Waste Systems of Texas, LP. and related entities, force majeure provisions in contracts involving the aforesaid companies and or services, calculation of rates therein, and provisions related to termination thereof. This E-Session Item was discussed in executive session. 59. 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 PUC Docket No. 48577, SOAH Docket No. 473-18-5092, Application of AEP Texas Inc for Determination of System Restoration Costs and other matters related thereto. This E-Session Item was discussed in executive session. T. IDENTIFY COUNCIL FUTURE AGENDA ITEMS None. City of Corpus Christi Paye 29 Printed on 9/21/2018 City Council Meeting Minutes September 18,2018 U. ADJOURNMENT The meeting was adjourned at 7:14 p.m. City of Corpus Christi Page 30 Printed on 9/21/2018 se GO O Va. v AGENDA MEMORANDUM NORROPpEO Future Item for the City Council Meeting of September 18, 2018 1852 Action Item for the City Council Meeting of September 25, 2018 DATE: September 18, 2018 TO: Keith Selman, Interim City Manager FROM: Mike Markle, Interim Assistant City Manager mikema(ccD..cctexas.com (361) 886-2603 Kim Baker, Assistant Director of Financial Services kimb2Ca-)cctexas.com (361) 826-3169 GovQA Code Enforcement Applications Software License CAPTION: Resolution authorizing a five-year service agreement for the purchase of GovQA Code Enforcement Applications Software License from WebQA, Inc., dba GovQA, Woodridge, IL, for $75,000. PURPOSE: This service agreement will provide the purchase of GovQA Code Enforcement Applications Software License for the Code Enforcement Division. BACKGROUND AND FINDINGS: The Code Enforcement Division has utilized GovQA Code Enforcement Applications Software successfully for the last five years. This webhosted system allows the City to streamline its processes of complaints and violations, address them in a timely manner and notate any action taken against the complaint. The webhosted system is also used by other City departments to streamline the complaints to the appropriate Code Enforcement Officers. The system allows for quality and efficiency for reports and tracking capabilities of any abatements or fees placed against the properties. This GovQA Code Enforcement Applications Software License is quoted as a sole source purchase. Changing the current system would not be cost effective due to the volume of data already stored and tracked in the current system. ALTERNATIVES: None. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency. DEPARTMENTALCLEARANCES: Code Enforcement FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $75,000.00 $75,000.00 Encumbered / Expended Amount $0.00 $0.00 This item $75,000.00 $75,000.00 BALANCE $0.00 $0.00 Fund(s): Comments: The contract value total is a not-to-exceed $75,000 which all will be funded next year and the following years in future year's budgets at $15,000 each year bringing the total contract value to $75,000. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Price Sheet Service Agreement Resolution authorizing a five-year service agreement for the purchase of GovQA Code Enforcement Applications Software License from WebQA, Inc., dba GovQA, Woodridge, IL, for $75,000. WHEREAS, the GovQA Code Enforcement Applications Software License will be purchased for use by Code Enforcement as well as other City departments; WHEREAS, this item allows the City to streamline its processes of complaints and violations, address them in a timely manner and notate any action taken against the complaint; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a) (2), as this purchase is necessary to preserve or protect the public health and safety of the City's residents by allowing the City to streamline its processes of complaints and violations, address them in a timely manner and notate any action taken against the complaint; and WHEREAS, there is also a statutory exception for this procurement in Local Government Code, Section 252.022(a) (7) (A), as this purchase is available from only one source due to special processes or patents. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or designee, is authorized to execute all documents necessary to secure a five-year service agreement with WebQA, Inc., dba GovQA, Woodridge, IL. for the purchase of GovQA Code Enforcement Applications Software License, for a total amount not-to-exceed $75,000. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Page 1 of 2 Corpus Christi, Texas day of , 20 The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Everett Roy Lucy Rubio Greg Smith Page 2 of 2 PRICE SHEET CITY OF CORPUS CHRISTI PURCHASING DIVISION GOVQA SOFTWARE LICENSE FOR CODE BUYER: JOHN ELIZONDO ENFORCEMENT WebQA, Inc. DBA GovQA Woodridge, IL UNIT EXTENDED ITEM DESCRIPTION QTY. UNIT PRICE PRICE 1 GovQA Software License for Code Enforcement 1 5 1 YR 1 $15,000.001 $75,000.00 Total Price $75,000.00 GQVQA MASTER SERVICES) AGREEMENT For GovQA Code Enforcement Applications THIS MASTER SERVICE(S) AGREEMENT (the "Agreement") GOVQA may terminate service(s) if payments are not received by between WebQA,Inc.,d/b/a(hereafter"GovQA")GovQA("GOVQA") GOVQA as specified in Schedule A.All monies associated to the current with its principal place of business at 900 S. Frontage Road, Suite 110 term will be due immediately. Woodridge,IL,60517 and the City of Corpus Christi,TX,a city with its Upon any termination, GOVQA will discontinue Service(s)under this principal place of business at 1201 Leopard Street, Corpus Christi, TX agreement; GOVQA will provide Customer with an electronic copy of 78401 ("Customer") is made effective as of November 1, 2018 all of Customer's data,if requested and for a cost of no more than$2,500; ("Effective Date".) and, provisions of this Agreement regarding Ownership, Liability, 1. GOVQA DELIVERY OF SERVICE(S)• Confidentiality and Miscellaneous will continue to survive. GOVQA grants Customer a non-exclusive, non-transferable, limited 6. INDEMNIFICATION license to access and use the GOVQA Service(s) on the Authorized To the extent allowed by law,each Party agrees to fully indemnify and Website(s)identified in the attached Schedule A in consideration of the hold harmless the other for any and all costs,liabilities,losses,and fees and terms described in Schedule A. This Agreement will also govern expenses resulting from any claim,suit,action,or proceeding brought all additional Schedules for Service(s). by any third party. 2. CUSTOMER RESPONSIBILITIES: 7. ACCEPTABLE USE: Customer acknowledges it is receiving only a limited license to use the Customer represents and warrants thatthe Service(s)will only be used for Service(s) and related documentation, if any, and shall obtain no title, lawful purposes,in a manner allowed by law, and in accordance with ownership nor any other rights in or to the Service(s) and related reasonable operating rules, policies, terms and procedures. GOVQA documentation,all of which title and rights shall remain with GOVQA. may,upon misuse of the Service(s),request Customer to terminate access However,Customer will retain ownership of all its data in the system. to any individual and Customer agrees to promptly comply with such Customer agrees that(1)this license is limited to applications for its own request unless such misuse is corrected. use and may not lease or rent the Service(s)nor offer its use for others; 8.CONFIDENTIALITY- (2)GOVQA is not responsible for content placed into the Service(s);(3) Each party hereby agrees to maintain the confidentiality of the other that the Service(s)will not be used to capture confidential information of party's confidential and proprietary materials and information,including any kind such as social security numbers or individual financial data or but not limited to, all information, knowledge or data not generally other sensitive data; and, (4) that it will maintain the Authorized available to the public which is acquired in connection with this Website(s) identified in Schedule A, provide GOVQA with all Agreement, unless disclosure is required by law. Each party hereby information reasonably necessary to setup or establish the Service(s)on agrees not to copy,duplicate,or transcribe any confidential documents of Customer's behalf, and allow a 'Towered by GovQA" logo with a the other party except as required in connection with their performance hyperlink to GOVQA's website home page on the Authorized Website. under this Agreement. Customer acknowledges that the Service(s) 3. SERVICE(S)LEVELS: contain valuable trade secrets,which are the sole property of GOVQA, GOVQA will use commercially reasonable efforts to backup and keep and Customer agrees to use reasonable care to prevent other parties from the Service(s) and Authorized Website(s) in operation consistent with learning of these trade secrets or have unauthorized access to the applicable industry standards and will respond to customers'requests for Service(s). GOVQA will use reasonable efforts to insure that any support during normal business hours. GOVQA contractors maintain the confidentiality of proprietary materials and information. THE SERVICE(S)ARE PROVIDED ON AN "AS IS" BASIS,AND CUSTOMER'S USE OF THE SERVICE(S) IS AT ITS OWN RISK. 9. MISCELLANEOUS PROVISIONS: GOVQA DOES NOT WARRANT THAT THE SERVICE(S)WILL BE This Agreement will be governed by and construed in accordance with UNINTERRUPTED OR ERROR-FREE OR UNAFFECTED BY the laws of the State of Texas. FORCE MAJEURE EVENTS. GOVQA may not assign its rights and obligations under this Agreement, 4. WARRANTY AND LIABILITY: in whole or part, without prior written consent of Customer, which GOVQA MAKES NO REPRESENTATION OR WARRANTY AS TO consent will not be unreasonably withheld. MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE EXCEPT AS OTHERWISE STATED HEREIN OF THE 10. ACCEPTANCE: SERVICE(S) AND SHALL HAVE NO LIABILITY FOR ANY Authorized representatives of Customer and GOVQA have read the CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING,BUT foregoing and all documents incorporated therein and agree and accept NOT LIMITED TO,DATA LOSS AND BUSINESS INTERRUPTION, such terms effective as of the date first written above. AND THE PARTIES AGREE THAT THE ONLY REMEDIES THAT Customer: Corpus Christi,TX SHALL BE AVAILABLE TO CUSTOMER UNDER THIS AGREEMENT SHALL BE THOSE EXPRESSLY SET FORTH IN Signature: THIS AGREEMENT. GOVQA'S LIABILITY UNDER ALL CIRCUMSTANCES INVOLVED HEREIN IS EXPRESSLY LIMITED Print Name: TO THE AMOUNT RECEIVED BY GOVQA UNDER THIS Title: Date: AGREEMENT. 5.TERMINATION: GOVQA Inc. Either party may terminate this agreement without cause if the Signature: terminating party gives the other party sixty(60)days written notice prior Print Name: John Dilenschneider to termination. Should Customer terminate without cause after the first date of the then current term as defined in the attached schedule, Title: CEO Date: Customer must pay the balance of the current contracted term and this payment obligation will immediately become due. 3/20/2018 1 of 2 Corpus Christi,TX—Code Enforcement Module Party Initials: GOVQA MASTER SERVICE(S) AGREEMENT For GovQA Code Enforcement Applications SCHEDULE A Contracted Term:11/1/18—10/31/23 Monthly Software Subscription Costs Total Software Licenses #Seats MonthlyCost Annual Cost GovQA Code Enforcement Unlimited $1,250 $15,000 Total $1,250 $15,000 Terms and Conditions Additional Terms and Conditions This new contract term will not renew automatically. In order to renew there must be written consent from both parties. Billing Fees are exclusive of all taxes;complete annual service cost is billed on an annual basis in advance.Price will remain locked in at the aforementioned rate for the entire contracted term. Payment Terms Payments are due Net 30&bill quarterly Remittance All payments should be made directly to WebQA,and will not be deemed received until actually received in WebQA offices. Accounts Receivable Please remit all payments to: WebQA,Inc. 900 S.Frontage Road,Ste, 110 Woodridge,IL 60517 Acceptance of Aereement IN WITNESS WHEREOF,the parties have executed this Master Agreement by their duly authorized officers or representatives and delivered as of the Effective Date. The effective date of this Addendum is November 1,2018. WebQA Inc. Corpus Christi,TX Signature Date Signature Date Printed Name Title Printed Name Title 3/20/2018 2 of 2 Corpus Christi,TX—Code Enforcement Module Party Initials: Addendum to GOVQA MASTER SERVICE(S)AGREEMENT For GovQA Code Enforcement Applications This Addendum shall modify the GOVQA MASTER SERVICE(S) AGREEMENT between the City of Corpus Christi and WebQA, Inc., dba GovQA by adding the following provisions to the end of the GOVQA MASTER SERVICE(S)AGREEMENT. 11. Certificate of Interested Parties. GovQA 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. 12. 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 GovQA verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 13. 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. Customer: Corpus Christi, TX Signature: Print Name: Title: Date: APPROVED AS TO LEGAL FORM: Assistant City Attorney Date GOVQA Inc. Signatur . Print NamJhn Dile ch eider r 7 Title: CEO Date: ��� muS c� w �a o F v AGENDA MEMORANDUM NCpppppp{EQ Future Item for the City Council Meeting of September 18, 2018 1852 Action Item for the City Council Meeting September 25, 2018 DATE: September 18, 2018 TO: Keith Selman, Interim City Manager FROM: Mike Markle, Police Chief M ikeMa(a-).cctexas.com (361) 826-2601 Kim Baker, Assistant Director of Financial Services — Purchasing Division Kim B2(a-).cctexas.com (361) 826-3169 Veterinary Medicines and Supplies CAPTION: Motion authorizing a one-year supply agreement with Patterson Veterinary Supply, Inc. of Greeley, Colorado for the purchase of veterinary medicines and supplies for a total amount not to exceed $380,426.15. PURPOSE: This is a motion to approve a supply agreement for veterinary medicines and supplies. BACKGROUND AND FINDINGS: These medicines and supplies will be utilized by the Corpus Christi Police Department's Animal Care Services Division, Veterinarian, to treat animals. This contract will provide unit pricing for specified items to be purchased on an "as needed" basis by the Animal Care Services Division. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received four responsive, responsible bids, and is recommending the award to the lowest responsive, responsible bidder, Patterson Veterinary Supply, Inc. ALTERNATIVES: None. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency. DEPARTMENTALCLEARANCES: Animal Control FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget .00 $380,426.15 $380,426.15 Encumbered / Expended Amount .00 .00 This item .00 $380,426.15 $380,426.15 BALANCE .00 .00 .00 Fund(s): General Fund Comments: The initial contract term total is $380,426.15 for one year, which will be funded in FY 2018-2019. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreement CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION RFB 1752-Veterinary Medicines and Supplies BUYER:MINERVA ALVARADO Group 1-Surgery Midwest Veterinary Supply, Patterson Veterinary Miller Veterinary Supply IDEXX Distribution,Inc. Inc. Supply,Inc. ITEM DESCRIPTION UNIT QTY Lakeville,MN Greeley,CO Fort Worth,TX Westbrook ME Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Ansell Sensi Touch 1 sterile surgical gloves Box/50 100 $29.69 $2,969.00 $31.25 $3,125.00 $31.25 $3,125.00 no bid latex powdered size 7 Polydioxanone Suture Violet monofilament Miller priced at buy4get 1 2 30"Reverse Cutting FS Box/12 200 $57.13 $11,426.00 $58.60 $11,720.00 $50.80 $8,128.00 no bid free,total price adjusted to 1)2-0 VFS-1 with 3/8 reflect unit price times quantity circle 24mm GENERIC Approved (Polydioxanone Suture Violet monofilament Miller priced at buy4get 1 3 30"Reverse Cutting F5 1)2-0 VFS-1 3/8 circle Box/36 55 $263.30 $14,481.50 $58.60 $3,223.00 $140.40 $6,177.60 no bid free,total price adjusted to 24mm GENERIC reflect unit price times quantity Approved (25 Meters-Violet Monofilament Polydioxanone Miller priced at buy get 1 4 Synthetic Absorbable Cassette 50 $76.43 $3,821.50 $70.89 $3,544.50 $72.80 $2,912.00 no bid free,total price adjusted to Sterile Suture on a reflect unit price times quantity cassette)2-0 GENERIC Approved (Polydioxanone Suture "Violet monofilament 30" Miller priced at buy4get 1 5 CP-1)0-0�circle Reverse Cutting Box/12 300 $57.13 $17,139.00 $57.72 $17,316.00 $50.80 $12,192.00 no bid free,total price adjusted to CP- 36mm GENERIC reflect unit price times quantity Approved (Polydioxanone Suture Violet monofilament 6 30"Reverse Cutting Box/36 50 $274.69 $13,734.50 $57.72 $2,886.00 $281.08 $14,054.00 no bid CP-1)0-0 Y circle 36mm GENERIC Approved 1 (25 Meters-Violet Monofilament Polydioxanone Miller priced at buy4 get 1 7 Synthetic Absorbable Cassette 20 $83.85 $1,677.00 $84.20 $1,684.00 $89.34 $1,429.44 no bid free,total price adjusted to Sterile Suture on a reflect unit price times quantity cassette)0-0 GENERIC Approved 8 Sterile Surgical Blade Box/100 50 $23.75 $1,187.50 $13.10 $655.00 $12.62 $631.00 no bid Size 10(100 per box) 9 Isoflurane,USP 250ml 250m1/ 60 $22.57 $1,354.20 $22.70 $1,362.00 $25.30 $1,518.00 no bid bottles bottle Marcaine 0.5% 10 (bupivacaine HCI 50ml/vial 60 $2.53 $151.80 $5.70 $342.00 $4.35 $261.00 no bid injection,USP)50ml Multipe-Dose Vial Carprofen 50mg/ml 11 Injectable 20ml bottle 20ml/vial 60 $63.44 $3,806.40 $65.40 $3,924.00 $62.99 $3,779.40 no bid GENERICApproved Carprofen 50mg/ml 50m1/ 12 Injectable 50ml bottle bottle 60 $150.67 $9,040.20 $130.65 $7,839.00 $147.23 $8,833.80 no bid GENERICApproved Carprofen 25mg Bottle/ Miller priced at buy get 1 13 Chewable 180 tablets 180 50 $84.60 $4,230.00 $55.68 $2,784.00 $84.60 $3,384.00 no bid free,total price adjusted to GENERIC Approved reflect unit price times quantity Carprofen 75mg Bottle/ Miller priced at buy get 1 14 Chewable 180 Tablets 180 50 $104.40 $5,220.00 $64.24 $3,212.00 $104.40 $4,176.00 no bid free,total price adjusted to GENERICApproved reflect unit price times quantity Carprofen 100mg Bottle/ Miller priced at buy get 1 15 Chewable 180 Tables 180 50 $129.60 $6,480.00 $81.18 $4,059.00 $129.60 $5,184.00 no bid free,total price adjusted to GENERICApproved reflect unit price times quantity Non-Sterile 200 Non- Miller miscalculation$1900 16 woven Sponges 4"x4", Box/10 50 $23.60 $1,180.00 $1.75 $87.50 $3.80 $190.00 no bid changed to$190. 4 PLY 17 Endotracheal Tube 3.0 Single 15 $1.28 $19.20 $1.35 $20.25 $1.61 $24.15 no bid 18 Endotracheal Tube 3.5 Single 15 $1.28 $19.20 $1.35 $20.25 $1.61 $24.15 no bid 19 Endotracheal Tube 4.0 Single 15 $1.28 $19.20 $1.35 $20.25 $1.61 $24.15 no bid 20 Endotracheal Tube 4.5 Single 15 $1.28 $19.20 $1.35 $20.25 $1.61 $24.15 no bid 21 Endotracheal Tube 5.0 Single 15 $1.28 $19.20 $1.35 $20.25 $1.61 $24.15 no bid 22 Endotracheal Tube 5.5 Single 15 $1.28 $19.20 $1.35 1 $20.25 $1.61 $24.15 no bid 2 23 Endotracheal Tube 6.0 Single 30 $1.28 $38.40 $1.35 $40.50 $1.61 $48.30 no bid 24 Endotracheal Tube6.5 Single 30 $1.28 $38.40 $1.35 $40.50 $1.61 $48.30 no bid 25 Endotracheal Tube 7.0 Single 30 $1.28 $38.40 $1.35 $40.50 $1.61 $48.30 no bid 26 Endotracheal Tube 7.5 Single 30 $1.28 $38.40 $1.35 $40.50 $1.61 $48.30 no bid 27 Endotracheal Tube 8.0 Single 30 $1.28 $38.40 $1.35 $40.50 $1.61 $48.30 no bid 28 Endotracheal Tube 8.5 Single 30 $1.28 $38.40 $1.35 $40.50 $1.61 $48.30 no bid 29 Endotracheal Tube 9.0 Single 30 $1.28 $38.40 $1.35 $40.50 $1.61 $48.30 no bid 30 Endotracheal Tube 9.5 Single 30 $1.28 $38.40 $1.35 $40.50 $1.61 $48.30 no bid 31 Endotracheal Tube Single 30 $8.03 $240.90 $1.35 $40.50 $1.61 $48.30 no bid 10.0 Endotracheal Tube Midwest miscalculation 32 11.0 Single 15 $8.03 $120.45 $8.45 $126.75 $17.96 $269.40 no bid submitted total of$240.90, corrected to$120.45 Surgical Drape Box/300 33 Material 300 yards 12 $60.00 $720.00 $81.30 $975.60 $65.00 $780.00 no bid 38.5 inches Yards 34 Carb 02 Lime 5 gallon 20 $94.67 $1,893.40 $79.10 $1,582.00 $87.46 $1,749.20 no bid Sodasorb 5 gal 35 Chlorohexidine 1 gallon 5 $6.29 $31.45 $6.60 $33.00 $6.70 $33.50 no bid Solution 2%gallon 36 Chlorohexidine Scrub 1 gallon 5 $14.55 $72.75 $15.35 $76.75 $20.93 $104.65 no bid 2%gallon 37 Blue Medicine Vial Box 3 $55.88 $167.64 $39.25 $117.75 $23.35 $70.05 no bid Medium 400ct 8 dram 38 Ketchum Animal Tube 10 $16.15 $161.50 $6.25 $62.50 $6.25 $62.50 no bid Tattoo 1 ounce green 39 3M Vetbond Tissue Tube 30 $13.79 $413.70 $14.55 $436.50 $13.74 $412.20 no bid Glue.1 fl ounce(3ml) 40 Ear Loop Masks 2 ply Box/50 5 $3.91 $19.55 $4.15 $20.75 no bid no bid Jorvet 41 21"Bouffant Caps Box 5 $3.77 $18.85 $4.35 $21.75 $7.20 $36.00 no bid GENERICApproved 42 Steam Indicator Tape Roll 15 $3.78 $56.70 $2.75 $41.25 $5.89 $88.35 no bid 43 Allowance: Expedited Lump Sum 1 $125.00 $125.00 $125.00 $125.00 $125.00 $125.00 no bid Delive Group 1-Total $102,362.89 $71,868.60 $80,285.69 no bid Group 2-Anesthetics Midwest Veterinary Supply, Patterson Veterinary Miller Veterinary Supply IDEXX Distribution,Inc. Inc. Supply,Inc. ITEM DESCRIPTION UNIT QTY Lakeville,MN Greeley,CO Fort Worth,TX Westbrook ME 3 Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Ketamine mg m 44 10ml vial GENERIC 200 $6.15 $1,230.00 $5.09 $1,018.00 $5.99 $1,198.00 No bid Approved 10ml/vial To-M-ge-sic-TYM-9777 45 50ml bottle GENERIC 50m1/ 20 $179.29 $3,585.80 $162.07 $3,241.40 no bid No bid Approved Bottle y romorp ine 46 2mg/ml(20 ml) 20m1/ 80 no bid $17.70 $1,416.00 no bid No bid GENERICApproved Bottle Acepromazine 47 10mg/ml 50ml bottle 50m1/ 5 $17.49 $87.45 $19.25 $96.25 $18.77 $93.85 No bid GENERICApproved Bottle yazine mg m 48 50ml bottle GENERIC 50m1/ 5 $17.41 $87.05 $17.35 $86.75 $21.06 $105.30 No bid Approved Bottle e e omi ine 49 .5mg/ml 10ml vial 10ml/vial 60 $138.86 $8,331.60 $108.68 $6,520.80 $124.97 $7,498.20 No bid GENERICApproved 50 Simbabol 1.8ml 10ml 10ml/vial 2 $217.00 $434.00 $217.00 $434.00 no bid No bid Midazolam 5mg/ml 51 10ml vial GENERIC 10mi/vial 300 $7.83 $2,349.00 $6.98 $2,094.00 no bid No bid Approved 52 Delivery Lump Sum 1 $125.00 $125.00 $125.00 $125.00 $125.00 $125.00 No bid Group 2-Total $16,229.90 $15,032.20 $9,020.35 No bid "vendor did not bid on all items Group 3-Vaccinations Midwest Veterinary Supply, Patterson Veterinary Miller Veterinary Supply IDEXX Distribution,Inc. Inc. Supply,Inc. ITEM DESCRIPTION UNIT QT'S Lakeville,MN Greeley,CO Fort Worth,TX Westbrook ME Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 53 DHPP vaccine Single ml 10,000 $2.78 $27,800.00 $2.78 $27,800.00 $4.31 $43,100.00 no bid injectable 1ml vial Bordetella Single ml 54 bronchiseptica 10,000 $2.72 $27,200.00 $2.72 $27,200.00 $3.98 $39,800.00 no bid intranasal 1 ml vial 55 Rabies 3 year vaccine Single ml 10,000 $1.03 $10,300.00 $1.03 $10,300.00 $1.8960 $18,956.00 no bid vial 56 FVRCP vaccine Single ml 5,000 $1.61 $8,050.00 $2.13 $10,650.00 $3.2024 $16,012.00 no bid injectable 1 ml vial Revolution 85.1- Patterson sells Revolution in 57 130#GENERIC Box/6 5 no bid $93.00 $93.00 no bid no bid carton/6.Quantity changed to Approved 1 4 DHPP(Canine Total quantity needed is 5000 Distemper-Adenvirus) not 5000 boxes.Quantity 58 Type 2—Para Box/25 5,000 $69.50 $13,900.00 $69.50 $13,900.00 $94.19 $18,838.00 no bid should be changed to 200 for influenza-Parvo Virus box/25 Vendor priced as Vaccine quantity 200 Vanguard Intranasal B (IN)Bordetella 59 Bronchiseptica Box/25 5,000 no bid no bid no bid no bid Vaccine-Avirulent Live Culture Felocell 4-Fline Please note that only one Rhiotrachetis-Calici- vendor can provide these 60 Panleukopenia- Box/25 5,000 no bid no bid no bid no bid items and they did not bid Chlamydia Psittaci Vaccine Defensor 3—Rabies 61 Vaccine—Killed Virus Single ml 10,000 no bid no bid no bid no bid vial Single Dose Vials Rimadyl 50mg/ml Single ml Midwest quoted as 20ml 62 (carprofen)injectable- 10,000 $63.44 $31,720.00 $2.61 $26,130.00 no bid No bid instead of 1ml.Quantity GENERICApproved vial changed to 500 Heartworm Tests— Vendor sells box/100 not 63 Idexx Heartworm Snap Box/30 10,000 no bid $252.00 $25,200.00 no bid $76.20 $25,374.00 box/30.Quantity was changed Tests to 100 Total quantity needed is 5000 not 5000 boxes.Vendor sells Abaxis 64 Parvo Tests—Idexx or Box/10 5,000 $232.20 $58,050.00 $232.20 $58,050.00 no bid $56.65 $56,650.00 UOM box/100 not box/30. Quantity changed to 250 by vendor 65 Allowance: Expedited Lump Sum 1 $125.00 $125.00 $125.00 $125.00 $125.00 $125.00 $125.00 $125.00 Delivery Group 3-Total $177,145.00 $199,448.00 $136,831.00 $82,149.00 *vendor did not bid on all *vendor did not bid on all items items Group 4-Medical Supplies Midwest Veterinary Supply, Patterson Veterinary Miller Veterinary Supply IDEXX Distribution,Inc. Inc. Supply,Inc. ITEM DESCRIPTION UNIT QTY Lakeville,MN Greeley,CO Fort Worth,TX Westbrook ME Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Artifical Tears 66 Ointment(Lubricant 12 per 20 $36.36 $727.20 $40.80 $816.00 $55.68 $1,113.60 no bid Ophthalmic Ointment package (Sterile)1/8 oz 67 Strongid T(pyrantel I Quart 50 $18.40 1 $920.00 1 $24.45 $1,222.50 $28.56 1 $1,428.00 no bid pamoate 1 t bottle 5 Panacur 68 (fenbendazole) 1,000ml 100 $114.32 $11,432.00 $114.32 $11,432.00 $110.45 $11,045.00 no bid Suspension 10%(100 Bottle MR/ml))1000ml 69 Heartworm antigen Varies 6,000 $2.52 $15,120.00 $2.52 $15,120.00 $3.50 $21,000.00 no bid test 70 FeLV antigen and FIL Varies 3,000 $12.15 $36,450.00 $12.15 $36,450.00 no bid no bid anti body test 1ml Nipro Syringes 71 w/o needles(Sterile); Box/100 100 $12.11 $1,211.00 $7.35 $735.00 $12.30 $1,230.00 no bid Alternate:Terumo 72 1ml Syringes w/25gx Box/100 100 $8.67 $867.00 $8.65 $865.00 $17.27 $1,727.00 no bid 5/8"Needle(Sterile) 73 3ml Syringes w/22g x Box 100 100 $6.00 $600.00 $5.75 $575.00 $10.51 $1,051.00 no bid 33W Needle Sterile Insulin Syringe 2/29g x 74 'h"Needle U-100 Box/100 20 $8.31 $166.20 $9.00 $180.00 $17.38 $347.60 no bid 100ct(.5cc syringes) 75 3ml Syringes w/20g Box/100 100 $6.00 $600.00 $5.75 $575.00 $10.51 $1,051.00 no bid Needle Plain Microscope Slides 72ct-Clear Glass 76 -Ground edges-1"x Box/72 20 $2.37 $47.40 $3.00 $60.00 $2.07 $41.40 no bid 3"1.Omm x 1.2 mm Thick 77 Microscope Cover Box 24 $1.88 $45.12 $2.25 $54.00 $2.20 $52.80 no bid Slip Nipro Syringes 5ml 78 w/o needle Box/50 30 $16.06 $481.80 $7.90 $237.00 $15.99 $479.70 no bid Alternate:Terumo Nipro Syringes 10ml 79 w/o needle Box/100 30 $17.95 $538.50 $9.05 $271.50 $18.24 $547.20 no bid Alternate:Terumo Nipro Syringes 20ml 80 w/o needle Box/50 30 $24.71 $741.30 $11.15 $334.50 $24.62 $738.60 no bid Alternate:Terumo Powdered Latex exam gloves size Small. 81 Alternate:non- Box/100 20 $4.16 $83.20 $4.90 $98.00 $8.38 $167.60 no bid powdered neoprene over Powdered Latex exam glove size Large. 82 Alternate:non- Box/100 20 $4.16 $83.20 $4.90 $98.00 $8.38 $167.60 no bid powdered neoprene gloves 6 Changed total on Midwest, miscalculation$9504.60 was submitted,correct amount is 83 Activyl Plus 88-132 lbs Box/6x6 40 $237.60 $9,504.00 $71.80 $4,308.00 no bid no bid $9504.00.Patterson adjusted their UOM to Box/4 increasing quantityto 60.Total requested quantity is 240. Amber Medicine Vial 100ct2ounce- Box/100 Midwest selltheiramber 84 16dram.Can be liquid ct 10 $46.50 $232.50 $25.15 $251.50 $15.85 $158.50 no bid medicine in box/200,reducing quantity requested to 5. or pill form Terramycin Midwest sell their terramycin 85 ophthalmic ointment Pkg/12 10 $127.50 $1,530.00 $153.00 $1,530.00 no bid no bid ointment in pkg/10 increasing 1/8 oz.tube quantity to 12 Praziquantel Injectable Box/ 86 56.8mg/ml GENERIC 50ml 10 $317.65 $3,176.50 $322.75 $3,227.50 $329.27 $3,292.70 no bid Approved Changed total on Midwest, C00mg GENERIC Bottle Bottle/ miscalculation$3745.00 was 87 300mg GENERIC 20 $37.45 $749.00 $40.00 $500.00 $37.45 $749.00 no bid Approved 500 submitted,correct amount is $749.00 Minocycline 100mg Bottle/ Midwest sells their minocycline 88 GENERICApproved 500 10 $19.97 $1,997.00 $182.00 $1,820.00 $202.69 $2,026.90 no bid bottle/50 ct not bottle/500, adjusting quantity to 100 89 Minocycline 50mg Bottle/ 50 $18.05 $902.50 $21.20 $1,060.00 $30.63 $1,531.50 no bid GENERICApproved 500 90 Metronidizole 250mg Bottle/ 10 $3.83 $38.30 $6.55 $65.50 $12.50 $125.00 no bid GENERICApproved 100 tab 91 Terbinafine 250mg Bottle/30 20 $2.97 $59.40 $4.00 $80.00 no bid no bid GENERIC Approved tab 92 Prednisone 10mg Bottle/ 2 $63.74 $127.48 $108.05 $216.10 $88.13 $176.26 no bid GENERICApproved 1000 Carprofen 100mg Bottle/ Miller priced at buy get 1 93 caplets GENERIC 180 30 $67.84 $2,035.20 $58.95 $1,768.50 $67.84 $2,035.20 no bid free,total price adjusted to Approved reflect unit price times quantity Carprofen 25mg Bottle/ Miller priced at buy get 1 94 caplets GENERIC 180 30 $44.84 $1,345.20 $39.00 $1,170.00 $44.84 $1,345.20 no bid free,total price adjusted to Approved reflect unit price times quantity Carprofen 75mg Bottle/ Miller priced at buy get 1 95 caplets GENERIC 180 30 $55.44 $1,663.20 $48.00 $1,440.00 $55.44 $1,663.20 no bid free,total price adjusted to Approved reflect unit price times quantity Lime Sulfur dip 96 Gallon 10 $82.23 $822.30 $71.86 $718.60 $74.01 $740.10 no bid concentrated 1 gallon 7 Dexamethasone Changed total on Midwest, 97 Injectable 50ml/bottle 50ml 2 $4.04 $8.08 $3.95 $7.90 $3.94 $7.88 no bid miscalculation$4.04 was 2mg/ml submitted,correct amount is $8.08 98 Ivomec 1%Solution 500ml 2 $135.27 $270.54 $71.85 $143.70 $66.70 $133.40 no bid Injectable 500ml Bottle 99 Elizabethan Collar Single 50 $1.21 $60.50 $1.35 $67.50 $3.35 $167.50 no bid (buster style)Sz.12.5 100 Elizabethan Collar Single 50 $1.45 $72.50 $2.20 $110.00 $3.59 $179.50 no bid (buster style)Sz.15.0 101 Elizabethan Collar Single 100 $2.25 $225.00 $2.45 $245.00 $4.19 $419.00 no bid busters le Sz.20 102 Elizabethan Collar Single 100 $2.85 $285.00 $3.00 $300.00 $5.27 $527.00 no bid (buster style)Sz.25.0 103 Elizabethan Collar Single 100 $3.60 $360.00 $3.80 $380.00 $5.87 $587.00 no bid (buster style)Sz.30.0 104 5 Gallon Sharps Single 20 $10.32 $206.40 $7.30 $146.00 $100.55 $2,011.00 no bid Container 105 Canine Parvo SNAP Varies 15 no bid $232.20 $3,483.00 no bid no bid test Epinephrine 1:1000 300ml Midwest sells their Epinephrine 106 1mg/ml 30ml bottle bottle 5 $13.76 $41.28 $14.65 $73.25 $13.59 $40.77 no bid in a 50ml bottle not 30ml GENERIC Approved bottle.Quantity adjusted to 3. 107 Empty 50ml Vials Box/12 4 no bid $68.45 $273.80 no bid no bid Gabapentin 100mg 108 capsules 500 count SOOct 20 $9.23 $184.60 $10.65 $213.00 $2.78 $278.00 no bid Miller UOM t bottle GENERICApproved Bottle Quantity changedged to 100 Gabapentin 400mg 109 capsules 500 count SOOct 20 $22.76 $455.20 $25.60 $512.00 $6.25 $625.00 no bid Miller UOM t bottle Bottle Quantity changed to 100 GENERIC Approved Penicillin G Procaine 110 suspension 250 ml 250ml 40 $10.24 $409.60 $10.45 $418.00 $10.41 $416.40 no bid bottle 300,000 Bottle F_units/ml 111 Allowance: Expedited Lump Sum 1 $125.00 $125.00 $125.00 $125.00 $125.00 $125.00 no bid Delive Group 4-Total $97,000.20 $94,077.35 $61,549.11 Non Responsive "vendor did not bid on all items Grand Total All Groups $392,737.99 $380,426.15 $287,686.15 Non Responsive **Unit of Measure on some items were different from bid form;therefore the quantities on bid form had to be adjusted. There were also mathematical errors that changed the totals. 8 **Vendors did not bid on all items in group. Recommendation was based on pricing and ability to provide availability. 9 mUs c.� �o w A SUPPLY AGREEMENT NO. 1752 U Veterinary Medicines and Supplies yaeaoRp 1852 THIS Veterinary Medicines and Supplies Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Patterson Veterinary Supply, Inc. ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Veterinary Medicines and Supplies in response to Request for Bid No. 1752 ("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 Veterinary Medicines and 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 12 months. The parties may mutually extend the term of this Agreement for up to zero additional zero-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 $380,426.15, 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 12/15/17 Tom Brown Animal Care 361 .826.4605 TomB@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. (A) The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Supplier warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Supplier or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator 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 12/15/17 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: Tom Brown Management Assistant 2626 Holly Road, Corpus Christi, Texas 78415 361 .826.4605 Fax: 361 .826.4445 IF TO SUPPLIER: Patterson Veterinary Supply, Inc. Attn: Joel M. Funk General Counsel PO Box 1240, Greeley, Colorado 80632-1240 800.872.3867 Fax: 888.724.5836 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 12/15/17 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. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 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. 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 12/15/17 SUPPLIER Signature: Printed Name: Title: President Date: September 4, 2018 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. 1752 Exhibit 2: Supplier's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 Attachment A: Scope of Work 1. General Reguirements/Background Information The Contractor shall provide veterinary medications and supplies in accordance with the specifications listed herein. These supplies and medicines will be utilized by the Corpus Christi Police Department Animal Care Services Division, Veterinarian, to treat animals. This contract provides unit pricing for specified items to be purchased on an "as needed" basis by the Animal Care Services Division. 2. Scope of Work A. Products - veterinary medications outlined on the contract pricing sheet shall be provided on an as needed basis. B. Delivery 1 . Contractor shall make inside delivery to City locations within five calendar days to the addresses specified. All prices are F.O.B. destination, inside delivery to City of Corpus Christi facility, freight prepaid. Expedited forty-eight hour delivery services may be required in some instances, therefore, Contractor must be able to provide such service. Additional freight will be paid only when the City has made a request for expedited delivery. 2. Delivery, as used in this section, means the products have been ordered and received by the City. Receipt of products that do not conform to specifications will not be accepted by the City. Contractor understands and agrees that the City may, at its discretion, cancel any backorders due to the Contractor's inability to deliver the product within the five calendar day stipulation. Cancellations shall be in writing and sent to Vendor by email, fax, or mail. No restocking fee or payment of any kind shall be owed for orders canceled due to Contractor's inability to meet the five day delivery deadline. Returns to Contractor of late orders received after the cancellation notice has been sent shall be at the Contractors expense. The City may seek the products from another party if Contractor fails to deliver on time. 3. Delivery must be made during normal working hours, Monday through Friday, 8:00 am to 5:00 pm C.T. C. Defective Goods Contractor shall pay for return shipment on any products that arrive in a defective, unusable or inoperable condition. Contractor shall arrange for the return shipment of damaged products. D. Product Expiration Page 1 of 2 Contractor shall provide supplies and medications with a minimum expiration date of 12 months after the delivery date. Any materials delivered with an expiration date of less than 12 months will be returned to Contractor for credit or replacement at Contractor's expense. E. Discontinued Items In the event that a manufacturer discontinues particular product(s), the City may allow Contractor to provide a substitute for the discontinued product(s) or delete the product(s) from the contract altogether. If Contractor requests permission to substitute a new product, Contractor shall provide the following to the City: 1 . Documentation from the manufacturer that the product has been discontinued. 2. Documentation that names the replacement product. 3. Documentation that provides clear and convincing evidence that the replacement product meets or exceeds all specifications of the original product. 4. Documentation that provides clear and convincing evidence that the replacement product will be compatible with all the functions or uses of the discontinued product. 5. Documentation confirming that the price for the replacement is the same as or less than the discontinued product. 6. These provisions related to product discontinuance apply only to products specifically listed in this solicitation document. 3. Special Instructions All medications and supplies including controlled medications, will be shipped to: Animal Care Services c/o Melissa Draper, DVM 2626 Holly Road Corpus Christi, TX 78402 Page 2 of 2 Attachment B: Bid/Pricing Schedule o uSC CITY OF CORPUS CHRISTI o BID FORM PURCHASING DIVISION RFB No. 1 752 NNNPORA��'9 Veterinary Medicines and Supplies 1852, PAGE 1 OF 6 Date: 7,/ 1 b/ 1 6 Cmc e✓sc� v �� Authorized Bidder: Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. GROUP 1 - SURGERY Item Description Unit Qty Unit Price Total Price 1 Ansell Sensi Touch sterile surgical Box/50 100 b\ - 2-S �5 d X51. 00 gloves latex powdered size 7 (Polydioxanone Suture Violet 2 monofilament 30" Reverse Cutting Box/12 200 , b� 1 , 2-0 00 FS-1 ) 2-0 VFS-1 with 3/8 circle 24mm GENERIC A proved ` _ — (Polydioxanone Suture Violet 3 monofilament 30" Reverse Cutting Box/36 55 58. 6 G 5, 2- 2— ov FS-1 ) 2-0 VFS-1 3/8 circle 24mm GENERIC Approved 2 y -- (25 Meters-Violet Monofilament 4 Polydioxanone Synthetic Cassette 50 _1G , Absorbable Sterile Suture on a cassette) 2-0 GENERIC Approved Item Description Unit Qty Unit Price 'dotal Price (Polydioxanone Suture "Violet 5 monofilament 30" Reverse Cutting Box/12 300 j`I . -1 Z �, 25 CP-1 ) 0-0 '/2 circle 36mm GENERIC Approved (Polydioxanone Suture Violet 6 monofilament 30" Reverse Cutting Box/36 50 5 2-, 68 CP-1 ) 0-0 '/2 circle 36mm GENERIC Approved (25 Meters-Violet Monofilament Polydioxanone Synthetic Cassette 20 8.1-ZO Absorbable Sterile Suture on a cassette) 0-0 GENERIC Approved «2- 8 Sterile Surgical Blade Size 10 (100 per Box 100 50 + 3 . o k__I55 0 a box 21 -i --r�Q 9 Isoflurane, LISP 250ml bottles 250ml/bottle 60 1 , 5e.Z.GO Marcaine 0.5% (bupivacaine HCI 10 injection, USP) 50ml Multipe-©ase 50 MiNal 60 - Ca `'+2- . 00 Vial 00 ok�. o- o 11 Carprofen 50mg/ml Injectable 20ml 20 ml/ vial 60 b5. yo 2,, -n Zy- 00 bottle GENERIC Approved , � � `-� 12 Carprofen 50mg/rn1 Injectable 50m1 50m1/bottle 60 bottle GENERIC Approved 13 Carprofen 25mg Chewable 180 Bottle/180 50 , � '� '4C' tablets GENERIC Approved ++ 14 Carprofen 75mg Chewable 180 Bottle/180 50 by- 2 �, ;Z o 2 coo Tablets GENERIC Approved ,��, 15 Carprofen 100mg Chewable 180 Bottle/180 50 GC) Tables GENERIC Approved Non-Sterile 200 Non-woven Sponges Box/10 50 -� S 8 -1 50 16 4"x4", 4 P LY 17 Endotracheal Tube 3.0 _ _ 2)0 Single 15 2.0 - 2_5 18 Endotracheal Tube 3.5 Single 15 35 2.0 2.5 19 Endotracheal Tube 4.0 Single 15 k . 3 2 25 20 Endotracheal Tube 4.5 — Single 15 1. 65 21 Endotracheal Tube 5.0 © Single L30 �5 20. z 22 Endotracheal Tube 5.5 © Single ; . �j Z o. Z5 23 Endotracheal Tube 6.0 Sin le r . � y 0. _50 24 Endotracheal Tube 6.5 — Sin le t �� ��. 0 25 Endotracheal Tube 7.0 -- 0-10 Single 30 0 26 Endotracheal Tube 7.5 — G Single 30 27 Endotracheal Tube 8.0 e o Single 30 28 Endotracheal Tube 8.5 Single 30 S0 Pa e2of6 Item Description Unit Qty Unit Price Total Price 29 Endotracheal Tube 9.0 Single 30 30 Endotracheal Tube 9.5 SCSingle 30 . 35 y o. So 31 Endotracheal Tube 10.0 s \ao Single 30 32 Endotracheal Tube 11.0 - \o Single 15 g . 1-k t Zv. �► 33 Surgical Drape Material 300 yards Box/300 12 38.5 inches 2'�ti� yards t ' 30 ��� ' bO 34 Carb 02 Lime Sodasorb 5 gal___\_ .jQallon 20 . \o \ 2 .00 35 Chlorohexidine Solution 2% allon 1 Gallon 5 �. e a 3 3 . o c) g - 36 Chlorohexidine Scrub 2% gallon 1 gallon 5 S 37 Blue Medicine Vial Medium 400 ct 8 Box 3 jc\. 25 t -1 . S dram 38 Ketchum Animal Tattoo 1 ounce Tube 10 u ,ZS 2- . 's o green �N oz 3M Vetbond Tissue Glue .1 fl ounce 39 Tube 30 40 Ear Loop Masks 2 ply Jorvet i o� �_a, Box/50 5 y . \S 41 21" Bouffant Caps GENERIC Box 5 Approved7 \ L-A . 75 2 42 Steam Indicator Tape? � o oy a o Roll 15 S 2_75 43 Allowance: Expedited Delivery Lump Sum 1 $125.00 $125.00 GROUP 1 -TOTAL GROUP 2 - ANESTHETICS Item Description Unit Qty Unit Price Total Price Ketamine 100mg/ml l Oml vial 44 1 Oml vial 200 G C\ t , o \8 . o0 GENERIC Approved Soc�pg,�,Q�, Torbugesic 10mg/ml 50ml bottle 45 50m1/Bottle 20 GENERIC Approved Hydromorphine 2mg/ml (20 ml) ­1 2,2.2- -oov, 46 20ml/Bottle 80 \-� o GENERIC Approved �y\ Z��-;t�\1- --. �,:\ __ Acepromazine IOmg/ml 50ml bottle 47 50m1/Bottle 5 GENERIC Approved t . .2� �i co. � - pp v�cn c�.�c?1 - -- 48 Xylazine 1 OOmg/ml 50ml bottle 50ml/Bottle 5 i� GENERIC Approved 49 Medetomidine .5mg/ml 1Oml vial 1Oml Vial 60toz,. F, �, SZO. 6o GENERIC Approved 50 Simbabol 1 .8ml 10ml 1Oml Vial 2 2-\� . ciU y 3,­\ . Go 7�P. \C—ia a o� � \ �� « Ex�\2ccJ Page 3 of 6 Item Description Unit Qty Unit Price Total Price 51 Midazolam 5mg/ml 10ml vial lOml Vial 300 2—, a GENERIC Ap roved 52 Allowance: Expedited Delivery Lump Sum 1 $125.00 $125.00 GROUP 2 - TOTAL �S,o 3Z...ZJ GROUP 3 - VACCINATIONS �1ob .ic :. 5� 1 tG r Cc:r� rc.ct Single ml 10,000 53 DHPP vaccine injectable 1 ml L^Qg Vial doses P, 21-1, 00.00 S Bordetella bronchiseptica intranasal Single ml 10,000 54 1 ml Vial doses Z. --12, 2� , �00.00 Single ml 10,000 55 Rabies 3 year vaccine Vial doses 1 0' 1300.0 0 `-1—1 �c,c�` -,-r�C.GAc- ��16-n �a` Single mi 5,000 56 FVRCP vaccine injectable 1 ml Vial doses Revolution 85.1 - 130# GENERIC c C,V-,C,'-` 0 57 t/6 G wd C' --5 , 0c G�. av Approved DHPP (Canine Distemper-Adenvirus) 58 Type 2-- Para,influenza-Parvo Virus Box/25 5,000 S p 1 , VaCCIn 'y c:r�:.tc,t Cu•-,c,✓c.�,t cr,c��V �1�t Vanguard Intranasal B (IN) 59 Bordetella Bronchiseptica Vaccine - Box/25 5,000 Avirulent Live Culture k V' r-I r t. Felocell 4- Fline Rhinotracheitis - 60 Colici-Panleuapenia-Chlamydia Box/25 5,000 Psittaci Vaccine 61 Defensor 3- Rabies Vaccine - Killed Ingle ml vial 10,000 sv / r3. ,tea / AVirus Single Dose Vials - Rimady150mg/ml (corprofen),b'�- -)-52,' 62 injectable - GENERIC Approved Singh ml vial 10,000 Z 2.�, � 250. ao 63 heartworm Tests -i4eyak Heartworm Box/36/ 10,000 2752..0C) 2:5, 2200.00 Snap Tests A\,-,-,,-s.: Z' 00-k'5o;<. 64 Parvo Tests - Idexx or Abaxi y - Box/ � 5,000 65 Allowance: Expedited Delivery - Lump Sum 1 1 $125.00 $125.00 GROUP 3 - TOTAL GROUP 4-MEDICAL SUPPLIES Item Description Unit Qty Unit Price Total Price Artifical Tears Ointment (Lubricant- er' ,°c 66 Ophthalmic Ointment Sterile 1/8 oz � pac a ' 20 d. � 67 Stron id T pyrantel pamoate 1 qt Quart bottle 50 ;-x+ ,2-2- a 68 Panocur (fenbendazole) Suspension 1 ,000 mi 100 ��, ; y �2- 00 10 100 mg/ml) 1,000ml Bottle P ge4ofi6 Item Description Unit Qty Unit Price Total Price i o0 5 6,000 69 Heartworm antigen test Varies tests 2, .5 2 � `, 2-0-00 'ZOO ,2,5 3,000 70 FeLV antigen and FIL antibody test Varies t 21- kS 3 ,yea o0 so-� - 2 ,S tests 71 1 ml Nipro Syringes w/o needles Box/100 100 al S 00 (Sterile); Alternate: Terumo ,-o, , a 72 1 ml Syringes w/25g x 5/8" Needle Box 100 100 Sterile o ;2 -�!5„� 3ml Syringes w/22g x3/4" Needle 73 ri7)- .� � - � Box 100 100 5 . -Is 5��.�u Stele 74 Insulin Syringe 2/298 x '/2" Needle U- Box/100 20 . G 0 100 1 OOct .5cc syringes ,c,Z8 75 3ml Syringes w/20g Needle Box/100 100 75 . __15 5-1 75. 00 -r C35 Plain Microscope Slides 72ct-Clear 76 Glass - Ground edges - 1 " x 3" Box/72 20 3 . 00 60 , G 1 .0mm x 1.2 mm Thick J G 77 Microscope Cover Slips 3-o n, Box 24 2. 25 G 78 Nipro Syringes 5ml w/o needle Box icc 30 -1 - G 2-Z-5-1 ca Alternate: Terumo 79 Nipro Syringes 1 Oml w/o needle Box/100 30 G5 21 ` S Alternate: Terumo , o,7s ,z 80 Nipro Syringes 20ml w/o needle Box/50 30 Alternate: Terumo Powdered Latex exam gloves size 81 Small. Alternate: non-powdered Box/100 20 y . 12.'\c) lz�8 neoprene gloves ? ? ,,2 2,­�S Powdered Latex exam gloves size 82 Large Alternate: non-powdered Box/100 20 y . c�rJ C�- e GCS neoprene gloves ^ i .2 -� � 83 - - nom - '�o Amber Medicine Vial 1OOct 2 ounce 84 _ 16dram. Can be liquid or pill form Box/100 ct 10 "S 25 \ - S0 Terramycin ophthalmic ointment 1/8 `� �G�-`^ 85 oz. tube _K_gp� 10 I . (D(D k , 5 3G• GG 86 Praziquantel Injectable 56.8mg/ml Box/50ml 10 GENERIC Approved 87 87 Cephalexine (Rilexine) 300mg Bottle/500 20 L-\ o .o© Soo -Go -1 b3G 88 Minocycline 100mg GENERIC Bottle/500 ct 10 1 Ez.00 +, 20 .00 Approved Q2 1 t G 89 Minocycline 50mg GENERIC Bottle/500 ct 10 2- I . 2-0 ,o GG .00 A proved , k.a Q� o 90 Metronidizole 250mg GENERIC Bottle/100 10 Q, �5.5 �,75 S 0 Approved � tab Page 5 of 6 item Description Unit Qty Unit Price Total Price 91 Terbinafine 250mg GENERIC Bottle/30 20 y -00 i F6 O - 00 Approved tab 92 Prednisone 10mg GENERIC Bottle/1000 2 1 08.o5 2 t e - t C) Approved S9 y y 93 Carprofen 1 00m caplets GENERIC Bottle/180 30Q>b. 50 Approved t , n 94 Carprofen 25mg caplets GENERIC Bottle/180 30 0. GO Approved 11 95 Carprofen 75mg caplets GENERIC Bottle/180 30 y cc "-Ao G . 0U Approved ,� --I--I � 96 Lime Sulfur dip concentrated 1 Gallon 10 �1 , � . 3© gallon G 97 Dexamethasone Injectable 50ml 2 3 . O 50ml/bottle 2m /ml , 98 �""%Solution Injectable 500ml 500m1 Batt 2 E -A 3. --1 G 99 Elizabethan Collar (buster style) Sz. Single 50 3 , - 12.5 \c, 75 0 100 Elizabethan Collor (buster style) Sz. Single 50 Z , 2-O y 0 , 00 15.0 --2 kz�st \ a- Elizabethan Collar (buster style) Sz. 100 101 20 Single 2 .—� S 2--4�5 . 0 0 102 Elizabethan Collar (buster style) Sz. Single 100 3 .00 3 0 0 . G 0 25.0 22,` -\ ) 103 Elizabethan Collar (buster style) Sz. Single 100 3 . 6 (3 �8a 30.0 2_ \ 2 --) 104 Gallon Sharps Container Single 20 --1 - 30 Abp x+S 105 Canine Parvo SNAP test Varies 3©0 ;x.'32 .Zo 3,`-��3.n o 2—�!3 o _ _ tests 106 Epinephrine 1 :1000 1 mg/ml 30ml 30ml bottle 5 1—k bottle NERIC Approved 107 Empt ,)a0fnl Vials o - - Box/-IZ2-5 �5 z--1 3 � Gabapentin i 00mg capsules 500 108 count GENERIC Approved OOc bottle 20 1 c, . row 2 G O 3- 109 Gabapentin 400mg capsules 500 500ct bottle 20 .2— UG 5 12- . co count GENERIC Approved o o suspension 250 250ml bottle 40 k 0 , -A5 '-A cs- 00 110 ml bottle 300,000 units/ml �' � 1 1 1 I Allowance: Expedited Delivery Lump Sum 1 $125.00 $125.00 GROUP 4 - TOTAL I 94 6jj�P- SPECIAL PRICING NOTE: The prices quoted above are firm for 180 days from the date the contract is awarded. Thereafter, prices may be increased after written notice from Patterson Veterinary Supply, as and when manufacturers of the products change their prices. Any such price change will be the same percentage as the manufacturer's price increase. SPECIAL WARRANTY NOTE: Patterson Veterinary Supply is not the manufacturer of the products quoted above, Patterson Veterinary Supply warrants merchantable title to the products, free of liens, claims or encumbrances. All products carry only their respective manufacturer's warranty with respect to defects, materials, workmanship, or fitness for any intended purpose. Patterson Veterinary Supply will use commercially reasonable efforts to assist with any manufacturer warranty claims. Page 6 of 6 Attachment C: Insurance and Bond 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 the 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 policy by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. Construction contracts including excavation at (3) three feet or more requires Pollution Liability Coverage. In addition Construction contracts of more than (5) five million dollars require Umbrella Liability Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1 ,000,000 Per Occurrence including: $1,000,000 Aggregate 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations Hazard 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury 7. Underground Hazard (If Applicable) 3. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Page 1 of 3 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. 3. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide 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. Page 2 of 3 5. 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. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Animal Care Services Animal Care Supply 06/06/2018 sw Risk Management Valid Through 12/31/2018 No Bond is required for this agreement Page 3 of 3 Attachment D: Warranty Requirements All products carry only their respective manufacturer's warranty with respect to defects, materials, workmanship, or fitness for any intended purpose. Contractor shall use commercially reasonable efforts to assist with any manufacturer warranty claims. Page 1 of 1 SC AGENDA MEMORANDUM Future Item for the City Council Meeting of September 18, 2018 NgHPO PP`E 1852 Action Item for the City Council Meeting of September 25, 2018 DATE: August 20, 2018 TO: Keith Selman, Interim 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: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Dan Grimsbo, Director of Water Utilities dang@cctexas.com (361) 826-1718 Professional Services Contract Amendment Greenwood Wastewater Treatment Plant Headworks & Grit Removal Rehabilitation (Capital Improvement Program) CAPTION: Motion to authorize execution of Amendment No. 1 with Urban Engineering of Corpus Christi, Texas in the amount of$335,200 for a total restated fee of$380,400 for Greenwood Wastewater Treatment Plant (WWTP) Headworks & Grit Removal Rehabilitation project. PURPOSE: This provides for the engineering and design for capital improvements and improved odor control for the Greenwood WWTP. BACKGROUND AND FINDINGS: The Greenwood WWTP was originally constructed in 1957 with two (2) Million Gallons per Day (MGD) capacity. The plant was expanded to six (6) MGD capacity in 1988. Construction included a single mechanical bar screen and grit removal equipment. Another two (2) MGD expansion occurred in 1999 that included construction of a second mechanical bar screen with grit removal equipment and the first odor control system. The last major upgrade at the plant occurred in 2016 with replacement of the Odor Control Treatment Unit. The remaining structures and equipment are beyond their useful life and cannot be economically maintained. The deteriorated condition Project No: 18067A (Page 1) PM/C7 Legistar No.:18-1057 Rev.1—8/23/2018 of the headworks impacts the plant capacity, operational cost and TCEQ permit compliancy. This item includes the engineering and design for structural rehabilitation of the headworks with replacement of bar screens, grit removal equipment and odor control covers. Amendment No 1 provides for detailed investigations, field verifications, analysis and cost-effective recommendations for the improvements.The amendment includes the preparation of construction documents with bid and construction phase technical support services. The initial contract provided only for the preliminary investigations, evaluations and recommendations to better define the scope and cost for improvements. This is one of four major projects at the Greenwood WWTP. The three additional projects are summarized below: 1. UV System improvements — Under design 2. Flood Mitigation — Initial soil study underway to reuse La Volla Creek excavated soils as potential levy construction; preliminary design pending negotiations 3. Process Improvements — Under preliminary design for a future CIP project to convert Greenwood WWTP from Anaerobic to Aerobic to match the five other existing WWTP's ALTERNATIVES: 1. Authorize execution of the professional services contract. (Recommended) 2. Do not authorize execution of the contract. (Not Recommended) OTHER CONSIDERATIONS: Urban Engineering was selected for this project through Request for Qualifications No. 2017-03. CONFORMITY TO CITY POLICY: Complies with statutory requirements for professional services contracts. Conforms to FY 2017- 2018 Capital Improvement Planning (CIP) Budget. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Water Utilities Department Project No: 18067A (Page 2) PM/C7 Legistar No.:18-1057 Rev.1—8/23/2018 FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2017-2018 Expenditures Current Year Future Years TOTALS (CIP only) Budget 3,900,000 3,900,000 Encumbered / 45,200 45,200 Expended Amount This item 335,200 335,200 Future Anticipated Expenditures This 412,500 412,500 Project I - BALANCE 1 3,107,100 1 3,107,100 *Balance will be required for construction. Fund(s): Wastewater CIP No. 11 RECOMMENDATION: City staff recommend approval of Amendment No. 1 to Urban Engineering. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Amendment No.1 Project No: 18067A (Page 3) PM/C7 Legistar No.:18-1057 Rev.1—8/23/2018 PROJECT BUDGET ESTIMATE Greenwood WWTP Headworks&Grit Removal Rehabilitation Capital Improvement Program PROJECT FUNDS AVAILABLE: Wastewater Revenue Bond 3,900,000 TOTAL FUNDS AVAILABLE 3,900,000 FUNDS REQUIRED: Construction Fees:.................................................................................................... TBD Construction ............................................................................................ TBD Contingency(10%).................................................................................. TBD Construction Inspection and Testing Fees:..................................................................... 143,000 Construction Inspection(Est)..................................................................... 68,000 Construction Phase-Materials Testing Services(Est)..................................... 75,000 Design and Survey Fees:............................................................................................ 493,400 Preliminary Engineering Design(Urban Engineering)...................................... 45,200 Engineering Design(Urban Engineering)Amendment No. 1 THIS ITEM . 335,200 Topographic Survey(Est).......................................................................... 113,000 Reimbursements:...................................................................................................... 156,500 Contract Administration(Eng. Svcs Admin/Finance/Capital Budget).................. 68,000 Engineering Services(Project Mgt)............................................................ 87,000 Misc. (Printing,Advertising,etc.)............................................................... 1,500 TOTAL 792,900 ESTIMATED PROJECT BUDGET BALANCE 3,107,100 NUECES BAY 181 °F N T��Toy SCALE: N.T.S. C( poR SHIP CHANN GFpA CORPUS CHRISTI qRp � LEOPARD a z 44 9q PUS CHRISTI 0< pwrN 286 RNATIONAL 1= PORT ORGpN Q 358 j M �l pC CORPUS C 0F° a� a s,, z,2 cgRp<F o<4y'�r�, `mss 0 Ua°�i r p ocFgN TEXAS A UNIVERSI � y0<<Y CORPUS o o� �a 358 ZZ Q� �SgRgTOcq��m arm Mc�Rp�F O CABANISS `� C Z OSO BAY FIELD <v av O �v 4� 43 O o� a� 2 286 PROJECT LOCATION _Z QJ + o 2444 YpR�ro�y CP LOCATION MAP NOT TO SCALE Project:1806 Greenwood Wastewater Treatment CITY COUNCIL EXHIBIT Plant Plant Headworks & Grit CITY OF CORPUS CHRISTI,TEXAS Removal Rehabilitation DEPARTMENT OF ENGINEERING SERVICES Corpus Chr sti Engineering Greenwood Wastewater Treatment Plant Headworks & Grit Removal Rehabilitation Council Presentation September 18, 2018 Project Location4 Corp*hr Engineering N SCALE:N.T.S. TF MXM1iLLE { PROJECT LOCATION w�wam wr v f s Project Vicinity Corpus Ch,sti '" Engineering N o SCALE N.T.5. C� Sardto d �L Greenwood Wastewater Treatment Plant f a' Project Scope 1 *.s-Ch, Engineering This amendment includes detailed investigations, field verifications, analysis and cost-effective recommendations for the following improvements : 1. Design for the structural rehabilitation of the headworks 2. Replacement of the bar screens, grit removal equipment and odor control covers. The amendment also includes the preparation of construction documents with bid and construction phase technical support services. 0* Project Schedule w Corpus Ch,sti Engineering • • 2020 S O N D J F M A M J J A S O N D J F M A M J J A S O Design Bid/ Construction Award Projected Schedule reflects City Council award in September 2018 with anticipated completion in October 2020. CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) 18067A - Greenwood WWTP Headworks & Grit Removal Rehabilitation 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 Urban Engineering, a Texas company, 2725 Swantner, Corpus Christi, Nueces County, Texas 78404, (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 Contract for Professional Services Page 1 of 12 ARTICLE I –SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services,to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. The approved Scope of Services defines the services to be performed by Consultant under this Agreement. 1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request, Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant(in dollars). Changes in Consultant's proposed team as specified in the SOQ or Scope of Services must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessaryfor the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City's General Conditions for Construction Contracts,excerpt attached as Exhibit D. 1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant's Scope of Services during the performance of the Consultant's services. 1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze bids and evaluate the documents submitted by bidders. 1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective contractors, subcontractors and suppliers. 1.7 For projects that require subsurface utility investigation: 1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits A;;Ad A- 4—It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. 1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local franchises, electric companies, communication companies, private pipeline companies and 3rd party owners/operators. Contract for Professional Services Page 2 of 12 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 $380,400.00 3.2 The Consultant's fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. Consultant shall submit a Rate Schedule with their proposal. City and Consultant agree that the Rate Schedule is considered confidential information that may be excluded from public disclosure under Texas Government Code Chapter 552 as determined by the Texas Attorney General. 3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. 3.4 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3)days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis,the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 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. Contract for Professional Services Page 3 of 12 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 BYANYONE CLAIMING BY,THROUGH OR UNDERTHE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.9 City may withhold compensation to such extent as may be necessary, in City's opinion,to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant's work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 3.5 above for services provided up to the date of suspension. ARTICLE IV—TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 te the expiratie—A date Af the prier term. ARY FeRAWAls; AhAll htQ At thtQ SAMA tArMS AR GE)RditieRs, plus aR" Contract for Professional Services Page 4 of 12 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 hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, "completion of the Project" refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. ARTICLE V—OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or over the contractor's methods of determining prices, or over competitive bidding or market conditions, Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant's experience and qualifications and represent Consultant's bestjudgment 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 Contract for Professional Services Page 5 of 12 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. Contract for Professional Services Page 6 of 12 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 Contract for Professional Services Page 7 of 12 documents. 10.2 When the City incurs non-value added work costs for change orders due to design errors and/or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non-value added work costs incurred by the City; and (4) Deadline for Consultant's response. 10.3 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's sole cost if, in the City's judgment,the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE XI — CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, 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 Contract for Professional Services Page 8 of 12 diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 12.2 Mediation 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation,the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process 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 contractor 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. Contract for Professional Services Page 9 of 12 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 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 13.6 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 13.7 No Third-Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering into this Agreement. 13.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form. 13.9 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 13.10 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code,to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you Contract for Professional Services Page 10 of 12 need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cetexas.corn/government/city-secretary/conflict-disclosure/index. 13.11 Boycott Israel. As required by Chapter 2270, Government Code, Consultant hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, "boycott Israel"means refusing to deal with,terminating business activities with,or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. 13.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable,and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant's Scope of Services, 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 URBAN ENGINEERING r - --- QI,.._1 -------- 08/14/2018 Jeff H. Edmonds, P.E. Date James L. Urban, P.E. Date Director of Engineering Services 2725 Swantner Corpus Christi Corpus Christi, Texas 78404 (361) 854-3101 Office Jimu@urbaneng.com APPROVED Assistant City Attorney Date ATTEST City Secretary Date Contract for Professional Services Page 11 of 12 3 Fund Name Accounting Unit Account Activity No. Amount No. WW2012RVBD 4249-064 550950 18067-A-4249-EXP $380,400.00 Total $380,400.00 Contract for Professional Services Page 12 of 12 EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS GREENWOOD WWTP— HEADWORKS & GRIT REMOVAL REHABILITATION PROJECT NO. 18067A I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. N/A [Provided in original Small AE Agreement] The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and on/y for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the Headworks at the Greenwood WWTP. Include standard City of Corpus Christi detail sheets as appropriate. b) Prepare construction plans in compliance with CPPSCF using English units on 11"x 17". C) Furnish one (1) set of the interim plans (60% submittal - electronic and hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive Summary, project checklist & drawing checklist" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. 2. Attend 60% submittal meeting with City Staff to assist staff in review of 60% submittal. d) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. e) Provide one (1) set of the pre-final plans and bid documents (100% submittal - electronic and hard copy using City Standards as applicable) to the City staff for review and approval purposes with revised estimates of probable costs. Plan execution summary, project checklist and plan checklist. f) Hold Project 100% review meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review comments, and incorporate any requirements into the plans and specifications, and advise City of responding and non-responding participants as appropriate and, upon Notice to Proceed. EXHIBIT"A" Page 1 of 5 Revised November 26,2013 g) Assimilate all final review comments Upon approval by the Executive Director of Public Works, provide one (1) set of the final plans and contract documents (electronic and full-size hard copy using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual Property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. h) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all submittals of the interim, pre-final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee, Consultant has not adequately addressed City- provided review comments or provided submittals in accordance with City standards. i) Prepare and submit Monthly Status Reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. C) Provide electronic copy the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a) Prepare draft Authorization to Advertise (ATA). b) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. C) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. d) Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. e) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. f) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re-advertise that particular portion of the Project for bids. g) Prepare Agenda Memoranda and PowerPoint presentation in City format for City Council Meeting. EXHIBIT"A" Page 2 of 5 Revised November 26,2013 The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. C) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase. The A/E will perform contract administration to include the following: a) Participate in pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements impacting the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. C) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Prepare change orders as authorized by the City; provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Review, evaluate and recommend for City consideration Contractor Value Engineering proposal. h) Attend final inspection with City staff, provide punch list items to the City's Construction Engineers for contractor completion, and provide the City with a Certificate of Completion for the project upon successful completion of the project. i) Review Contractor-provided construction "red-line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CAD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications/estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. EXHIBIT"A" Page 3 of 5 Revised November 26,2013 B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Executive Director of Public Works. A/E may not begin work on any services under this section without specific written authorization by the Executive Director of Public Works. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Executive Director of Public Works as required. The A/E shall, with written authorization by the Executive Director of Public Works, perform the following: 1. Topographic Survey/Field Investigation. Provide field surveys and investigations, as required for design including the necessary control points, coordinates and elevations of points. 2. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one- year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. Provide the services above authorized in addition to those items shown on Exhibit "A-1" Task List, which provides supplemental description to Exhibit "A". Note: The Exhibit "A-1" Task List does not supersede Exhibit "A". II. SCHEDULE Date Activit NTP 10 Weeks from NTP 60% Design Submittal 13 Weeks from NTP City Review 18 Weeks from NTP 100% Design Submittal 21 Weeks from NTP City Review 23 Weeks from NTP Final Submittal 25 Weeks from NTP Advertise for Bids 27 Weeks from NTP Pre-Bid Conference 29 Weeks from NTP Receive Bids 36 Weeks from NTP Contract Award 41 Weeks from NTP Begin Construction TBD Complete Construction EXHIBIT"A" Page 4 of 5 Revised November 26,2013 III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided, A/E will submit monthly statements for services rendered. The statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Executive Director of Public Works under Section I.B. "Additional Services," the City will pay the A/E a not-to-exceed fee as per the table below: Summary of Fees Original Amendment Contract No. 1 Total Fee for Basic Services 1. Preliminary Phase $45,200.00 $0.00 $45,200.00 2. Design Phase $251,400.00 $251,400.00 3. Bid Phase $11,600.00 $11,600.00 4. Construction Phase $66,900.00 $66,900.00 Sub-Total Basic Services Fees $329,900.00 $375,100.00 Fee for Additional Services (Allowance) 1. Permit Preparation (as applicable) $0.00 $0.00 2. ROW Acquisition Survey $0.00 $0.00 3. Topographic Survey\Field Investigation $1,500.00 $1,500.00 4. Construction Observation Services $0.00 $0.00 6. Start-up Services $0.00 $0.00 7. Warranty Phase $3,800.00 $3,800.00 Sub-Total Additional Services Fees $5,300.00 $5,300.00 Total Authorized Fee $335,200.00 $380,400.00 Admin Approval *Additional Services which are requested to be authorized in coordination with the notice to proceed for Basic Services. EXHIBIT"A" Page 5 of 5 Revised November 26,2013 EXHIBIT "A-1" CITY OF CORPUS CHRISTI, TEXAS GREENWOOD WASTEWATER TREATMENT PLANT HEADWORKS & GRIT REMOVAL REHABILITATION PROJECT NO. 18067A TASK LIST 1. Develop design plans to the City's format and specification documents incorporating all issues with relevant solutions and identifying to the best of the Engineer's knowledge all potential conflicts and offer solutions. 2. Design the following improvements: • Replace the two existing mechanical bar screens and one manual bar screen with new. • Remove existing equipment and install new Hydro International Headcell grit removal units in Grit Basin No. 1 and Grit Basin No. 2. • Replace with new the two existing grit pumps. • Replace the existing single grit classifier with two new 18" dia. screw classifiers. • Remove and replace with new the odor control aluminum covers. • Repair and coat damaged concrete and protective coatings for the Influent Structure. • Provide concrete driveway for crane access to the west end of structure. • Refurbish and/or replace the three existing isolation slide gates and frames upstream of the Mechanical Bar Screens • Refurbish and/or replace the five existing isolation slide gates and frames downstream of the Mechanical Bar Screens • Replace with new the existing Influent Flow Meter and support structure at the Parshall Flume • Refurbish and/or replace the two existing isolation slide gates and frames upstream of the Grit Removal Basins • Refurbish and/or replace the existing grit piping to and from the existing grit pumps. • Refurbish and/or replace the Grit Basin's existing drain system, including the drain valves. • Refurbish and/or replace portions of the existing non-potable water washdown system. • Replace damaged odor control duct piping. • Refurbish existing Grit and Screenings Hopper. • Replace existing corroded steel stairs to Grit Classifier platform. 3. Electrical design improvements to provide power and control to the new equipment and refurbish the existing power and control to equipment being replaced. 4. Electrical design improvements to replace/refurbish the existing task lighting system. EXHIBIT"A-1 Page 1 of 1 EXHIBIT "A-1" CITY OF CORPUS CHRISTI, TEXAS GREENWOOD WASTEWATER TREATMENT PLANT HEADWORKS & GRIT REMOVAL REHABILITATION PROJECT NO. 18067A TASK LIST 1. Develop design plans to the City's format and specification documents incorporating all issues with relevant solutions and identifying to the best of the Engineer's knowledge all potential conflicts and offer solutions. 2. Design the following improvements: • Replace the two existing mechanical bar screens and one manual bar screen with new. • Remove existing equipment and install new Hydro International Headcell grit removal units in Grit Basin No. 1 and Grit Basin No. 2. • Replace with new the two existing grit pumps. • Replace the existing single grit classifier with two new 18" dia. screw classifiers. • Remove and replace with new the odor control aluminum covers. • Repair and coat damaged concrete and protective coatings for the Influent Structure. • Provide concrete driveway for crane access to the west end of structure. • Refurbish and/or replace the three existing isolation slide gates and frames upstream of the Mechanical Bar Screens • Refurbish and/or replace the five existing isolation slide gates and frames downstream of the Mechanical Bar Screens • Replace with new the existing Influent Flow Meter and support structure at the Parshall Flume • Refurbish and/or replace the two existing isolation slide gates and frames upstream of the Grit Removal Basins • Refurbish and/or replace the existing grit piping to and from the existing grit pumps. • Refurbish and/or replace the Grit Basin's existing drain system, including the drain valves. • Refurbish and/or replace portions of the existing non-potable water washdown system. • Replace damaged odor control duct piping. • Refurbish existing Grit and Screenings Hopper. • Replace existing corroded steel stairs to Grit Classifier platform. 3. Electrical design improvements to provide power and control to the new equipment and refurbish the existing power and control to equipment being replaced. 4. Electrical design improvements to replace/refurbish the existing task lighting system. EXHIBIT"A-1 Page 1 of 1 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 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 Current Invoice Previous Invoice Total 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). 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% $9,997.00 23.1% EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal's time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE TX REGISTRATION #: ($/h r) Project Consultant: CAD Technician: Clerical: Other— specify: SUBCONSULTANT(S): (fi rm) 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 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. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability including: $1,000,000 Per Occurrence 1 . Commercial Broad Form $2,000,000 Aggregate 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions 1 Rev 04/17 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 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 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City with the exception of the professional liability/Errors & Omissions policy; 1.6.2 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; 1.6.3 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; 1.6.4 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 2 Rev 04/17 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. 3 Rev 04/17 Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1—Definitions and Terminology .......................................................................................................2 Article2—Preliminary Matters.....................................................................................................................8 Article 3—Contract Documents: Intent, Requirements, Reuse...................................................................8 Article 4—Commencement and Progress of the Work................................................................................9 Article 5—Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions ..............9 Article 6—Bonds and Insurance .................................................................................................................10 Article 7—Contractor's Responsibilities.....................................................................................................10 Article 8—Other Work at the Site...............................................................................................................10 Article 9—Owner's and OPT's Responsibilities...........................................................................................10 Article 10—OAR's and Designer's Status During Construction ..................................................................11 Article 11—Amending the Contract Documents; Changes in the Work....................................................13 Article 12—Change Management ..............................................................................................................13 Article13—Claims.......................................................................................................................................14 Article 14—Prevailing Wage Rate Requirements.......................................................................................16 Article 15—Cost of the Work; Allowances; Unit Price Work......................................................................16 Article 16—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work....................16 Article 17—Payments to Contractor; Set-Offs; Completion; Correction Period........................................16 Article 18—Suspension of Work and Termination.....................................................................................16 Article 19—Project Management...............................................................................................................16 Article 20—Project Coordination................................................................................................................16 Article 21—Quality Management...............................................................................................................17 Article 22— Final Resolution of Disputes....................................................................................................17 Article 23—Minority/MBE/DBE Participation Policy..................................................................................17 Article 24—Document Management..........................................................................................................17 Article25—Shop Drawings.........................................................................................................................17 Article26— Record Data .............................................................................................................................20 Article 27—Construction Progress Schedule..............................................................................................21 Article 28—Video and Photographic documentation ................................................................................21 Article 29— Execution and Closeout...........................................................................................................21 Article30—Miscellaneous..........................................................................................................................22 Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 1 of 22 ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Terms with initial capital letters, including the term's singular and plural forms, have the meanings indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement - The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution -The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date—The date the City Council of the City of Corpus Christi(City)authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid-The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8. Bidder-An individual or entity that submits a Bid to Owner. 9. Bidding Requirements -The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security-The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. 13. Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 2 of 22 b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer-The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act,42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous,toxic, or dangerous waste, substance, or material. 17. Contract -The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment-A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents - Those items designated as Contract Documents in the Agreement. 20. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications,and increases or decreases in unit price quantities, if any,that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. 21. Contract Times-The number of days or the dates by which Contractor must: a. Achieve specified Milestones; Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 3 of 22 b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor-The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor's Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work -The sum of costs incurred for the proper performance of the Work as allowed by Article 15. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or C. Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 17.12 or 17.13. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers, Registered Architects or Registered Landscape Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract -The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order-A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition -The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. 31. Indemnified Costs-All costs, losses,damages,and legal or other dispute resolution costs resulting from claims or demands against Owner's Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 4 of 22 32. Laws and Regulations; Laws or Regulations-Applicable laws,statutes, rules, regulations, ordinances,codes,and orders of governmental bodies, agencies,authorities,and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone-A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; C. Field Order; or d. Work Change Directive. 36. Notice of Award-The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed -A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner-The City of Corpus Christi (City), a Texas home-rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner's Authorized Representative or OAR -The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner's Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner's Project Team or OPT - The Owner, Owner's Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 43. Progress Schedule -A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. The Progress Schedule must be a Critical Path Method (CPM) Schedule. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 5 of 22 45. Resident Project Representative or RPR-The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents-A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 49. Selected Bidder-The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications -The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor -An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion -The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions -The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data-Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or C. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 6 of 22 steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work-Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive -A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense,"or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms"day"or"calendar day' mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. E. The use of the words "furnish," "install," "perform," and "provide" have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 7 of 22 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words "furnish," "install," "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2—PRELIMINARY MATTERS ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 8 of 22 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 9 of 22 5.05 Underground Facilities The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. ARTICLE 6—BONDS AND INSURANCE ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES ARTICLE 8—OTHER WORK AT THE SITE ARTICLE 9—OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 10 of 22 9.06 Insurance 9.07 Modifications 9.08 Inspections,Tests, and Approvals A. OPT's responsibility with respect to certain inspections,tests, and approvals are described in Paragraph 16.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10—OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 11 of 22 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 16. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 16. 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer's authority related to Modifications is described in Article 11. D. OAR's authority related to Applications for Payment is described in Articles 15 and 17. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work,or accept the Work under the provisions of Paragraph 16.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 12 of 22 ARTICLE 11—AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12—CHANGE MANAGEMENT 12.01 Requests for Change Proposal A. Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP). 1. Designer will prepare a description of proposed Modifications. 2. Designer will issue the Request for a Change Proposal form to Contractor. A number will be assigned to the Request for a Change Proposal when issued. 3. Return a Change Proposal in accordance with Paragraph 12.02 to the Designer for evaluation by the OPT. 12.02 Change Proposals A. Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the Contract Documents or in response to a Request for Change Proposal. 1. Use the Change Proposal form provided. 2. Assign a number to the Change Proposal when issued. 3. Include with the Change Proposal: a. A complete description of the proposed Modification if Contractor initiated or proposed changes to the OPT's description of the proposed Modification. b. The reason the Modification is requested, if not in response to a Request for a Change Proposal. c. A detailed breakdown of the cost of the change if the Modification requires a change in Contract Price. The itemized breakdown is to include: 1) List of materials and equipment to be installed; 2) Man hours for labor by classification; 3) Equipment used in construction; 4) Consumable supplies, fuels, and materials; 5) Royalties and patent fees; 6) Bonds and insurance; 7) Overhead and profit; 8) Field office costs; 9) Home office cost; and 10) Other items of cost. d. Provide the level of detail outlined in the paragraph above for each Subcontractor or Supplier actually performing the Work if Work is to be provided by a Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 13 of 22 provided through Subcontractors and Suppliers. Provide the level of detail outline in the paragraph above for self-performed Work. e. Submit Change Proposals that comply with Article 15 for Cost of Work. f. Provide a revised schedule. Show the effect of the change on the Project Schedule and the Contract Times. B. Submit a Change Proposal to the Designer to request a Field Order. C. A Change Proposal is required for all substitutions or deviations from the Contract Documents. D. Request changes to products in accordance with Article 25. 12.03 Designer Will Evaluate Request for Modification A. Designer will issue a Modification per Article 11 if the Change Proposal is acceptable to the Owner. Designer will issue a Change Order or Contract Amendment for any changes in Contract Price or Contract Times. 1. Change Orders and Contract Amendments will be sent to the Contractor for execution with a copy to the Owner recommending approval. A Work Change Directive may be issued if Work needs to progress before the Change Order or Contract Amendment can be authorized by the Owner. 2. Work Change Directives, Change Orders, and Contract Amendments can only be approved by the Owner. a. Work performed on the Change Proposal prior to receiving a Work Change Directive or approval of the Change Order or Contract Amendment is performed at the Contractor's risk. b. No payment will be made for Work on Change Orders or Contract Amendments until approved by the Owner. B. The Contractor may be informed that the Request for a Change Proposal is not approved and construction is to proceed in accordance with the Contract Documents. ARTICLE 13—CLAIMS 13.01 Claims 13.02 Claims Process A. Claims must be initiated by written notice. Notice must conspicuously state that it is a notice of a Claim in the subject line or first sentence. Notice must also list the date of first occurrence of the claimed event. B. Claims by Contractor must be in writing and delivered to the Owner, Designer and the OAR within 7 days: 1. After the start of the event giving rise to the Claim; or 2. After a final decision on a Change Proposal has been made. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 14 of 22 C. Claims by Contractor that are not received within the time period provided by section 13.02(B) are waived. Owner may choose to deny such Claims without a formal review. Any Claims by Contractor that are not brought within 90 days following the termination of the Contract are waived and shall be automatically deemed denied. D. Claims by Owner must be submitted by written notice to Contractor. E. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must contain sufficient detail to allow the other party to fully review the Claim. 1. Claims seeking an adjustment of Contract Price must include the Contractor's job cost report. Provide additional documentation as requested by OAR. 2. Claims seeking an adjustment of Contract Time must include native schedule files in Primavera or MS Project digital format. Provide additional documentation as requested by OAR. F. Contractor must certify that the Claim is made in good faith, that the supporting data is accurate and complete, and that to the best of Contractor's knowledge and belief, the relief requested accurately reflects the full compensation to which Contractor is entitled. G. Claims by Contractor against Owner and Claims by Owner against Contractor, including those alleging an error or omission by Designer but excluding those arising under Section 7.12,shall be referred initially to Designer for consideration and recommendation to Owner. H. Designer may review a Claim by Contractor within 30 days of receipt of the Claim and take one or more of the following actions: 1. Request additional supporting data from the party who made the Claim; 2. Issue a recommendation; 3. Suggest a compromise; or 4. Advise the parties that Designer is not able to make a recommendation due to insufficient information or a conflict of interest. I. If the Designer does not take any action, the claim shall be deemed denied. J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of information and direct negotiations. If no agreement is reached within 90 days, the Claim shall be deemed denied. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of any actions taken on a Claim. K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after a recommendation is issued by the Designer. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 15 of 22 ARTICLE 14—PREVAILING WAGE RATE REQUIREMENTS ARTICLE 15—COST OF THE WORK;ALLOWANCES; UNIT PRICE WORK ARTICLE 16—TESTS AND INSPECTIONS;CORRECTION, REMOVAL,OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 17—PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 18—SUSPENSION OF WORK AND TERMINATION ARTICLE 19— PROJECT MANAGEMENT ARTICLE 20—PROJECT COORDINATION 20.01 Work Included 20.02 Document Submittal 20.03 Communication During Project A. The OAR is to be the first point of contact for all parties on matters concerning this Project. B. The Designer will coordinate correspondence concerning: 1. Documents, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract Modifications. 4. Observation of Work and testing. 5. Claims. 20.04 Requests for Information A. Submit Request for Information (RFI) to the Designer to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item on the form provided. 2. Attach adequate information to permit a written response without further clarification. Designer will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple document submittals due to inadequate information. 3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information. B. Response to an RFI is given to provide additional information, interpretation, or clarification of the requirements of the Contract Documents, and does not modify the Contract Documents. C. Designer will initiate a Request for a Change Proposal (RCP) per Article 12 if the RFI indicates that a Contract Modification is required. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 16 of 22 ARTICLE 21—QUALITY MANAGEMENT ARTICLE 22—FINAL RESOLUTION OF DISPUTES ARTICLE 23—MINORITY/MBE/DBE PARTICIPATION POLICY ARTICLE 24—DOCUMENT MANAGEMENT ARTICLE 25—SHOP DRAWINGS 25.01 Work Included A. Shop Drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication, erection, or installation of the product without additional detailed information from the Supplier. B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested by the OPT to: 1. Record the products incorporated into the Project for the Owner; 2. Provide detailed information for the products proposed for the Project regarding their fabrication, installation, commissioning, and testing; and 3. Allow the Designer to advise the Owner if products proposed for the Project by the Contractor conform, in general, to the design concepts of the Contract Documents. 25.02 Quality Assurance 25.03 Contractor's Responsibilities 25.04 Shop Drawing Requirements A. Provide adequate information in Shop Drawings and Samples so Designer can: 1. Assist the Owner in selecting colors, textures, or other aesthetic features. 2. Compare the proposed features of the product with the specified features and advise Owner that the product does, in general, conform to the Contract Documents. 3. Compare the performance features of the proposed product with those specified and advise the Owner that the product does, in general,conform to the performance criteria specified in the Contract Documents. 4. Review required certifications, guarantees, warranties, and service agreements for compliance with the Contract Documents. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 17 of 22 25.05 Special Certifications and Reports 25.06 Warranties and Guarantees 25.07 Shop Drawing Submittal Procedures 25.08 Sample and Mockup Submittal Procedures 25.09 Requests for Deviation 25.10 Designer Responsibilities A. Shop Drawings will be received by the Designer. Designer will log the documents and review per this Article for general conformance with the Contract Documents. 1. Designer's review and approval will be only to determine if the products described in the Shop Drawing or Sample will, after installation or incorporation into the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Designer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Designer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Comments will be made on items called to the attention of the Designer for review and comment. Any marks made by the Designer do not constitute a blanket review of the document submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements. 1. Designer will respond to Contractor's markups by either making markups directly in the Shop Drawings file using the color green or by attaching a Document Review Comments form with review comments. 2. Shop Drawings that are reviewed will be returned with one or more of the following status designations: a. Approved: Shop Drawing is found to be acceptable as submitted. b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations made by Designer are incorporated into the Show Drawing. C. Not Approved: Shop Drawing or products described are not acceptable. 3. Shop Drawing will also be designated for one of the following actions: a. Final distribution: Shop Drawing is acceptable without further action and has been filed as a record document. b. Shop Drawing not required: A Shop Drawing was not required by the Contract Documents. Resubmit the document per Article 26. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 18 of 22 c. Cancelled: This action indicates that for some reason, the Shop Drawing is to be removed from consideration and all efforts regarding the processing of that document are to cease. d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents, significant errors, or is inadequate and must be revised and resubmitted for subsequent review. e. Resubmit with corrections made: Shop Drawing is "Approved as Noted," but has significant markups. Make correction and notations to provide a revised document with markup incorporated into the original document so that no markups are required. f. Returned without review due to excessive deficiencies: Document does not meet the requirement of the Specifications for presentation or content to the point where continuing to review the document would be counterproductive to the review process or clearly does not meet the requirements of the Contract Documents. Revise the Shop Drawing to comply with the requirements of this Section and resubmit. g. Actions a through c will close out the Shop Drawing review process and no further action is required as a Shop Drawing. Actions d through f require follow up action to close out the review process. 4. Drawings with a significant or substantial number of markings by the Contractor may be marked "Approved as Noted" and "Resubmit with corrections made." These drawings are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering products as the documents are revised. 5. Dimensions or other data that does not appear to conform to the Contract Documents will be marked as "At Variance With" (AVW) the Contract Documents or other information provided. The Contractor is to make revisions as appropriate to comply with the Contract Documents. C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using the Shop Drawing Deviation Request form. Use a single line for each requested deviation so the Status and Action for each deviation can be determined for that requested deviation. If approval or rejection of a requested deviation will impact other requested deviations, then all related deviations should be included in that requested deviation line so the status and action can be determined on the requested deviation as a whole. D. Requested deviations will be reviewed as possible Modification to the Contract Documents. 1. A Requested deviation will be rejected as "Not Approved" if the requested deviation is unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections for approval. 2. A Field Order will be issued by the Designer for deviations approved by the Designer if the requested deviation is acceptable and if the requested deviation will not result in a change in Contract Price or Contract Times. Requested deviations from the Contract Documents may only be approved by Field Order. 3. A requested deviation will be rejected if the requested deviation is acceptable but the requested deviation will or should result in a change in Contract Price or Contract Times. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 19 of 22 Submit any requested deviation that requires a change in Contract Price or Contract Times as a Change Proposal for approval prior to resubmitting the Shop Drawing. E. Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or Approved as Noted and is assigned an action per Paragraph 25.10.13 that indicates that the Shop Drawing process is closed. F. Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. ARTICLE 26—RECORD DATA 26.01 Work Included 26.02 Quality Assurance 26.03 Contractor's Responsibilities 26.04 Record Data Requirements 26.05 Special Certifications and Reports 26.06 Warranties and Guarantees 26.07 Record Data Submittal Procedures 26.08 Designer's Responsibilities A. Record Data will be received by the Designer, logged, and provided to Owner as the Project record. 1. Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may be rejected as unacceptable. 2. Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. B. Designer may take the following action in processing Record Data: 1. File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 26.02. Document will be given the status of "Filed as Received" and no further action is required on that Record Data. 2. Reject the Record Data for one of the following reasons: a. The document submittal requirements of the Contract Documents indicate that the document submitted as Record Data should have been submitted as a Shop Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 20 of 22 Drawing. The Record Data will be marked "Rejected" and "Submit Shop Drawing." No further action is required on this document as Record Data and the Record Data process will be closed. Resubmit the document as a Shop Drawing per Article 25. b. The cursory review indicates that the document does not meet the requirements of Paragraph 26.02. The Record Data will be marked "Rejected" and "Revise and Resubmit." Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." When Record Data is filed, no further action is required and the Record Data process will be closed. c. The Record Data is not required by the Contract Documents nor is the Record Data applicable to the Project. The Record Data will be marked "Rejected" and "Cancel - Not Required." No further action is required and the Record Data process will be closed. C. Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." ARTICLE 27—CONSTRUCTION PROGRESS SCHEDULE ARTICLE 28—VIDEO AND PHOTOGRAPHIC DOCUMENTATION ARTICLE 29—EXECUTION AND CLOSEOUT 29.01 Substantial Completion A. Notify the Designer that the Work or a designated portion of the Work is substantially complete per the General Conditions. Include a list of the items remaining to be completed or corrected before the Project will be considered to be complete. B. OPT will visit the Site to observe the Work within a reasonable time after notification is received to determine the status of the Project. C. Designer will notify the Contractor that the Work is either substantially complete or that additional Work must be performed before the Project will be considered substantially complete. 1. Designer will notify the Contractor of items that must be completed before the Project will be considered substantially complete. 2. Correct the noted deficiencies in the Work. 3. Notify the Designer when the items of Work in the Designer's notice have been completed. 4. OPT will revisit the Site and repeat the process. 5. Designer will issue a Certificate of Substantial Completion to the Contractor when the OPT considers the Project to be substantially complete. The Certificate will include a tentative list of items to be corrected before Final Payment will be recommended. 6. Review the list and notify the Designer of any objections to items on the list within 10 days after receiving the Certificate of Substantial Completion. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 21 of 22 29.02 Final Inspections A. Notify the Designer when: 1. Work has been completed in compliance with the Contract Documents; 2. Equipment and systems have been tested per Contract Documents and are fully operational; 3. Final Operations and Maintenance Manuals have been provided to the Owner and all operator training has been completed; 4. Specified spare parts and special tools have been provided; and 5. Work is complete and ready for final inspection. B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment within a reasonable time after the notice is received. C. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E. Submit the Request for Final Payment with the closeout documents described in Paragraph 29.06 if notified that the Project is complete and the Work is acceptable. ARTICLE 30—MISCELLANEOUS END OF SECTION Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 22 of 22 SUPPLIER NUMBER TO BE ASSIGNED BY CTTY- PURCHASING DIVISION rrrr►� City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST 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: Urban Engineering P. O.BOX: STREET ADDRESS: 2725 Swantner CITY: Corpus Christi ZIP: 78404 FIRM IS: I. Corporation ❑ 2. Partnership ® 3. Sole Owner E]4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) N/A 2. State the names of each "official' of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Consultant N/A EXHIBIT "E" Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: James L. Urban, P. E. Title: Authorized Representative (Type or Not) Signature of Certifying Date: Person: 08/14/2018 DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. `Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. City of Corpus Christi E? IIIBIT "E" Disclosure of Interest Page 2 of 2 ,a`oRo° CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)8/15/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Frost Insurance-Victoria PHONEFAX 6835 N Main A/c No Ext: 361-580-9010 A/C,No: Victoria TX 77904 E-MAIL DD SS: jhall@frostinsurance.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Continental Casualty Company 20443 INSURED URBAENG-01 INSURER B: Transportation Insurance Co Urban Engineering 2725 Swantner Lane INsuRERc:Texas Mutual Insurance Co. 22945 Corpus Christi TX 78404 INSURER D: Continental Insurance Company 35289 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1542490103 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MWDD MM/DD B X COMMERCIAL GENERAL LIABILITY PMT5091293243 5/1/2018 5/1/2019 EACH OCCURRENCE $1,000,000 CLAIMS-MADE � OCCUR DAMAGETORENTED PREMISES Ea occurrence $100,000 MED EXP(Any one person) $15,000 PERSONAL&ADV INJURY $1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO- POLICY� JECT 1:1 LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY BUA5091293100 5/1/2018 5/1/2019 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIREDX NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident D X UMBRELLA LIAB X OCCUR CUE 5091293064 5/1/2018 5/1/2019 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED X RETENTION$10,000 $ C WORKERS COMPENSATION TSF0001113301 5/1/2018 5/1/2019 )( PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project:1 8067A-Greenwood VWVTP Headworks&Grit Removal Rehabilitation 30 Day Notice of Cancellation applies. The General Liability and Auto Liability policies include a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Corpus Christi P O Box 9277 AUTHORIZED REPRESENTATIVE Corpus Christi TX 78469-9277 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: URBAENG-01 LOC#: ,a`oRo ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Frost Insurance-Victoria Urban Engineering 2725 Swantner Lane POLICY NUMBER Corpus Christi TX 78404 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE The General Liability,Auto Liability and Workers Compensation policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract with the Named Insured and the certificate holder that requires such status. Umbrella is follow-form subject to the terms and conditions to the policy ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD _ Page 1 of 1 ,a`oRo° CERTIFICATE OF LIABILITY INSURANCE FD08 MM/ 08/15//20182018Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Willis of Illinois, Inc. PHONE 1-877-945-7378 FAX 1-888-467-2378 c/o 26 Century Blvd A/C Ext: A/C No: E-MAIL certificates@willis.com P.O. Box 305191 ADDRESS: Nashville, TN 372305191 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Continental Casualty Company 20443 INSURED INSURER B Urban Engineering Chuck Urban INSURER C7 2725 Swantner St INSURER D: Corpus Christi, TX 78404 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: W7195538 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MWDD MM/DD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMARENTED CLAIMS-MADE � OCCUR PREMISES PREMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICYEl PRO [::] LOC PRODUCTS-COMP/OP AGG $ JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability AEH591918904 05/01/2018 05/01/2019 Per Claim: $2,000,000 Aggregate: $5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re: Project: 18067A - Greenwood WWTP Headworks & Grit Removal Rehabilitation. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Corpus Christi AUTHORIZED REPRESENTATIVE Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 t ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD SR ID: 16578429 BATCH: 827478 SC o� � AGENDA MEMORANDUM NOORPOBPIEFuture Item for the City Council Meeting of September 18, 2018 1852 Action Item for City Council Meeting of September 25, 2018 DATE: September 18, 2018 TO: Keith Selman, Interim City Manager FROM: Jim Davis, Executive Director of Asset Management jimd(c�cctexas.com (361) 826-1909 Andres Leal Jr., P.E., Director of Street Operations andyl(c�cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2(o-)-cctexas.com (361) 826-3169 Lease Purchase of Two Dump Trucks and One Excavator for Street Operations CAPTION: Motion authorizing the lease purchase of two 12 cubic yard dump trucks from Houston Freightliner Inc., of Houston, Texas, and one Gradall excavator from Waukesha-Pearce Industries, LLC of Corpus Christi, Texas via Houston-Galveston Area Council and BuyBoard Cooperative for a total amount of $765,824.59. PURPOSE: This item is to approve the lease purchase of two 2019 Model 114SD CNG dump trucks and one Model XL3100 Gradall excavator. BACKGROUND AND FINDINGS: Street Operations currently has a requirement to replace two 12 cubic yard dump trucks and one Gradall excavator, which are intended to perform various functions within the Street Operations Department. The units to be replaced are all well past the end of their service lives. All three units are replacements Contracts awarded through Houston-Galveston Area Council (HGAC) and BuyBoard Cooperative Purchasing have been competitively procured in compliance with Texas local and state procurement requirements. ALTERNATIVES: N/A OTHER CONSIDERATIONS: Financing for the lease-purchase of these vehicles is based on a sixty-month term with an estimated interest rate of 4.20% for an annual estimated payment of$153,164.92. The total estimated cost over the five-year period, including principal of $689,224.00 and interest of $76,100.59, is $765,324.59. A not to exceed tolerance of $500.00 has been added to the interest amount to allow for the possible fluctuation of the interest rate, for a total amount not to exceed. Total Lease-Purchase Price: $689,224.00 Total estimated allowable interest for Lease: $ 76,600.59 Grand Total: $765,824.59 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: Street Operations FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $ $765,824.59 $765,824.59 Encumbered / Expended Amount $ $0.00 $ This item $ $765,824.59 $765,824.59 BALANCE $ $0.00 $ Fund(s): Street Operations Comments: Delivery of these units is scheduled during the summer of 2019. Payments will begin after units are delivered. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet PRICE SHEET City of Corpus Christi Lease Purchase of Two Trucks and One Purchasing Division Excavator for Street Operations Buyer: Cynthia Perez Houston Freightliners Houston,Texas HGAC Contract#HT06-18 ITEM DESCRIPTION Unit Qty UNIT PRICE EXTENDED PRICE 1 112 Cubic Yard Dump Trucks EA 2 $166,252.00 $332,504.00 SUBTOTAL: $332,504.00 Waukesha-Pearce Industries Inc. Corpus Christi,Texas BuyBoard Contract#515-16 ITEM DESCRIPTION Unit Qty UNIT PRICE EXTENDED PRICE 2 Gradall XL3100 Excavator EA 1 $356,720.00 $356,720.00 SUBTOTAL: $356,720.00 GRAND TOTAL: $689,224.00 SC AGENDA MEMORANDUM hCogppppSEo Future Item for the City Council Meeting of September 18, 2018 1852 Action Item for City Council Meeting of September 25, 2018 DATE: September 18, 2018 TO: Keith Selman, Assistant City Manager FROM: Jim Davis, Director of Asset Management jimd a(�.cctexas.com (361) 826-1909 Dan Grimsbo, Executive Director of Utilities DanG(a).cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2 a.cctexas.com (361) 826-3169 Lease Purchase of Vactor Truck and Heavy Equipment for Utilities CAPTION: Motion authorizing the lease purchase of one Vactor combination sewer truck from Houston Freightliners of Houston, Texas, one 2019 Western Star tractor from Grande Truck Center of San Antonio, Texas; and one CPS half round end dump trailer and one 55-ton Low Boy trailer from J&B Pavelka of Houston, Texas via Houston-Galveston Area Council for $ 694,880.30. PURPOSE: This item is to approve the lease purchase of one vactor truck and heavy equipment for the Utilities Department as per the following breakdown: one Vactor combination sewer truck from Houston Freightliners of Houston, Texas, one tractor from Grande Truck Center of San Antonio, Texas, and one CPS half round end dump trailer and one 55-ton Low Boy trailer from J&B Pavelka of Houston, Texas. BACKGROUND AND FINDINGS: The Utilities Department currently has a requirement to replace these units. The units to be replaced are all well past the end of their service lives. Utilization of the Houston-Galveston Area Council (HGAC) provides competitive pricing for the City through competitive procurements that are in with compliance with Texas local and state procurement requirements. ALTERNATIVES: N/A OTHER CONSIDERATIONS: Financing for the lease-purchase of these vehicles is based on a sixty-month term with an estimated interest rate of 4.20% for an annual estimated payment of$138,976.06. The total estimated cost over the five-year period, including principal of $625,334.10 and interest of $69,046.20, is $694,380.30. A not to exceed tolerance of $500.00 has been added to the interest amount to allow for the possible fluctuation of the interest rate, for a total amount not to exceed $ 694,880.30. Total lease-purchase price: $625,334.10 Total estimated allowable interest for Lease: $ 69,546.20 Grand Total: $694,880.30 CONFORMITY TO CITY POLICY: This lease-purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: Utilities FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $0.00 $694,880.30 $694,880.30 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $0.00 $694,880.30 $694,880.30 BALANCE $0.00 $0.00 $0.00 Fund(s): Utilities Comments: Delivery of these units is scheduled during the summer of 2019. Payments will begin after units are delivered. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet PRICE SHEET City of Corpus Christi Lease Purchase of Vactor Truck and Heavy Equipment Purchasing Division for Utilities Department Buver: C nthia Perez HGAC-Contract#'s TR11-16 and HT06-18 Houston Freightliners Houston,Texas ITEM DESCRIPTION Unit Qty UNIT PRICE EXTENDED PRICE 2 Vactor Combination Sewer Truck EA 1 $373,516.00 $373,516.00 SUBTOTAL: $373,516.00 Grande Truck Center San Antonio,Texas ITEM DESCRIPTION Unit Qty UNIT PRICE EXTENDED PRICE 1 2019 Western Star 4700 SF Tractor EA 1 $131,500.00 $131,500.00 SUBTOTAL: $131,500.00 J&B Pavelka Inc. Houston,Texas ITEM DESCRIPTION Unit Qty UNIT PRICE EXTENDED PRICE 3 CPS Half Round End Dump Trailer EA 1 $43,552.00 $43,552.00 55 Ton Low Boy Trailer EA 1 $76,766.10 $76,766.10 SUBTOTAL: $120,318.10 GRAND TOTAL: $625,334.10 SC AGENDA MEMORANDUM hCogppppSEo Future Item for the City Council Meeting of September 18, 2018 1852 Action Item for City Council Meeting of September 25, 2018 DATE: September 18, 2018 TO: Keith Selman, Interim City Manager FROM: Jim Davis, Director of Asset Management iimd(a�cctexas.com (361) 826-1909 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB26a�cctexas.com (361) 826-3169 Purchase of Automotive Parts for Fleet Department CAPTION: Motion authorizing one-year supply agreement for the purchase of automotive parts with O'Reilly Auto Enterprises LLC, dba O'Reilly Auto Parts of Springfield, Missouri via BuyBoard cooperative for a total amount not to exceed $140,000. PURPOSE: This item is to approve the purchase of automotive parts. BACKGROUND AND FINDINGS: Fleet Maintenance currently has the requirement for O'Reilly Auto Parts to provide batteries, filters, brakes, engine parts, body parts, supplies and other auto parts for use by Fleet Maintenance to effect repairs on City vehicles and equipment. Acquisition of these goods is essential so that Fleet Maintenance can continue to maintain the fleet so that Departments, in turn, can accomplish their missions. It is also important that these parts be delivered in a timely manner as per the Scope of Work so that vehicles and equipment can be turned around, placed back in service, and thus continue to perform required operations. This Supply Agreement will significantly assist Fleet in ensuring the above is accomplished. The Purchasing Division utilized the Buyboard cooperative for these procurements. Contracts awarded through the cooperatives have been competitively procured to assist with compliance with Texas local and state procurement requirements. The Purchase Division also compared several cooperatives to obtain the best price for the City. ALTERNATIVES: N/A OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: Fleet Maintenance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget .00 $140,000 $140,000 Encumbered / Expended Amount .00 .00 .00 This item .00 $140,000 $140,000 BALANCE .00 .00 .00 Fund(s): Fleet Maint. Svc. Comments: The initial contract is for an amount not to exceed $140,000 funded in FY2018-2019. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement mUs c.� �o w A SUPPLY AGREEMENT NO. 1821 U Auto Parts for Fleet Maintenance yaeaoRp�� 1852 THIS Auto Parts for Fleet Maintenance Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and O'Reilly Auto Enterprises LLC, dba O'Reilly Auto Parts ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Auto Parts for Fleet Maintenance in response to Request for Bid No. N/A ("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 Auto Parts for Fleet Maintenance 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 12 months. The parties may mutually extend the term of this Agreement for up to one 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 $140,000.00, 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 Benjamin Sanchez Fleet Maintenance 361 .826.1959 BenjaminS@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. Required insurance shall be maintained by the Supplier for the duration of the contract and proof of insurance shall be provided to the City upon request. 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. Any amount paid to Supplier for any products that are not accepted and for which an immediate correction or replacement cannot be made shall be reimbursed to the City immediately. 8. Warranty. (A) The Supplier warrants that all products supplied under this Agreement are new, quality items that meet the manufacturer's specifications. The Supplier warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Supplier or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. Supply Agreement Standard Form Page 2 of 7 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator 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. Supply Agreement Standard Form Page 3 of 7 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: Benjamin Sanchez Assistant Parts Foreman 5352 Ayers Street, Building 313, Corpus Christi, Texas 78415 361 .826.1959 Fax: 361 .826.8255 IF TO SUPPLIER: O'Reilly Auto Enterprises LLC, dba O'Reilly Auto Parts Attn: Ernie Hamilton Bid Analyst II 833 S. Patterson, Springfield, Missouri 65802 417.829.5879 Fax: 800.925.0899 17. SUPPLIER SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING REASONABLE EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH OR RESULT FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE SUPPLIER OR ITS EMPLOYEES OR AGENTS AS IT PERTAINS TO THE PERFORMANCE 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 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. Supply Agreement Standard Form Page 4 of 7 (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. 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 Supply Agreement Standard Form Page 5 of 7 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 SUPPLIER Signature- PrintedName: Title:,- I,r,> Date: 8 -aZ CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: APPROVED AS TO LEGAL FORM Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB No. N/A Exhibit 2: Supplier's Bid Response Supply Agreement Standard Form Page 7 of 7 SCOPE OF WORK 1 . Contractor shall provide filters, brakes, engine parts, body parts, supplies and other automotive parts. 2. Contractor shall deliver parts to the City Garage, City Service Center at 5352 Ayers Street, Building 313, Corpus Christi, Texas 78415. 3. In stock parts ordered before 2:00 pm will be delivered same business day. 4. In stock parts ordered after 2:00 pm will be delivered next business day. 5. Contractor shall deliver parts between the hours of 8:00 am through 5:00 pm. To include Saturdays and holidays (excepting Christmas Day). 6. Contractor shall have a bill of sale upon delivery. 7. Parts will be ordered on an as needed basis. 8. Service agreement will be for 12 months with option to extend for one additional 12 months. Attachment B — PriCiDg Schedule City OfCorpus Christi Quote Form Description Discount Automotive & Fleet Parts, List less 41% or betf er Supplies, & Equipment Buylboard Contract 551-17 Total Not to Exceed COMPANY: O'Reilly Auto Enterprises, LLC dba O'Reilly Auto Parts NAME (]FPERSON AUTHORIZED TOSIGN: Ernie H{]O1i|fO A[)DRE53:_233South Patterson CITY/STATE/ZIP: Springfield, M[) 658O2_____ PHONE: 417-829-5879 EMAIL: DrObids@O[ei||yaUfO.CODl_______ FAX: 4178747199 July 24' 20l SIGNATURE. Bid An(]|y\f || Page 1ot1 Attachment C: Insurance and Bond 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 the subcontractor has been obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administrator (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 Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence including: $1,000,000 Aggregate 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 Pagel of 3 3. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B. ADDITIONAL REQUIREMENTS 1 . Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and Page 2 of 3 5. 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. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Purchasing - Fleet Dept. Delivery of Automotive Parts and Supplies 07/12/2018 sw Risk Management Valid Through 12/31/2018 Bonds are not required for this agreement Page 3 of 3 Attachment D: Warranty Requirements Warranty is based on manufacturer warranty. Page 1 of 1 SC AGENDA MEMORANDUM Future Item for the City Council Meeting of September 18, 2018 NgHPO PP`E� 1852 Action Item for the City Council Meeting of September 25, 2018 DATE: August 24, 2018 TO: Keith Selman, Interim 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: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Lawrence Mikolajczyk, Director of Solid Waste Operations lawm@cctexas.com (361) 826-1972 Professional Services Contract Solid Waste Landfill Groundwater Monitoring (Solid Waste Operating Fund) CAPTION: Motion to authorize execution of a professional services contract with Terracon Consultants, Inc. of Corpus Christi, Texas for the Solid Waste Landfill Groundwater Monitoring project in the amount of$225,191 per year with the option to administratively renew for two additional years for a total contract price of$675,573. PURPOSE: This provides for annual groundwater monitoring and test reports as specified by the Texas Commission on Environmental Quality (TCEQ) for the Cefe F. Valenzuela and J. C. Elliott Landfills. BACKGROUND AND FINDINGS: Landfill regulations require monitoring the underlying groundwater for contamination during their active life and post-closure care period. All groundwater monitoring systems must be certified by a qualified groundwater scientist and must comply with the sampling and analytical procedures outlined in the regulations. The groundwater monitoring system consists of a series of wells placed "upstream" and "downstream" of the landfill. The samples from the upstream wells show the background concentrations of constituents in the groundwater, while the downstream wells Project No:18128A 1 LV/VP Legistar No.:18-1088 Rev.0—8/24/18 show the extent of groundwater contamination caused by the landfill. Groundwater monitoring is performed and report twice per year under the Texas Administrative Code, Title 30, Part 1 (TCEQ), Chapter 330 Municipal Solid Waste, Subchapter J: Groundwater Monitoring and Corrective Action. This contract is multiple year contract with one base year plus two one-renewals sto ensure continuity and cost effectiveness. All work is based on time and materials for each required activity. The project provides for monitoring, analysis, and reporting as summarized below: • Collecting field samples from each of the landfills' groundwater wells (23 wells in J.C. Elliott and 30 wells in Cefe F. Valenzuela) • Collecting field samples from leachate collection system locations • Laboratory analysis for 17 metals, 47 volatile organic compounds, nitrate-nitrogen, ammonia-nitrogen and dissolved organic carbon • Verification re-sampling for all sample locations that exceed TCEQ allowed limits • Evaluation of the lab data and preparation of correspondence/submittals to TCEQ • Preparation and submission of the TCEQ Annual Report • Document preparation with analysis and justification to request TCEQ approval to discontinue monitoring of select metals on the basis that the tests offer little or no definitive indication as to whether a release has occurred within the landfill Terracon Consultants, Inc. is the consultant engineer that was selected for this project under RFQ No. 2018-01. ALTERNATIVES: 1. Authorize execution of the professional services contract. (Recommended) 2. Do not authorize execution of the contract. (Not Recommended) OTHER CONSIDERATIONS: NA CONFORMITY TO CITY POLICY: Complies with statutory requirements for professional services contracts. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Solid Waste Department Project No:18128A 2 LVNP Legistar No.:18-1088 Rev.0—8/24/18 FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year Project to Date 2017-2018 Expenditures Current Year Future Years TOTALS (CIP only) Budget 225,191 475,716 700,907 Encumbered / Expended Amount This item 225,191 225,191 Future Anticipated Expenditures This 475,716 475,716 Project BALANCE I 1 0 0 0 Fund(s): Solid Waste Department Operating Fund RECOMMENDATION: City staff recommends approval of the Motion to authorize the professional services contract with Terracon Consultants, Inc. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Contract Project No:18128A 3 LV/VP Legistar No.:18-1088 Rev.0—8/24/18 PROJECT BUDGET ESTIMATE Solid Waste Landfill Groundwater Monitoring PROJECT FUNDS AVAILABLE: Solid Waste Operating.................................................................................. $ 700,907 TOTAL 700,907 FUNDS REQUIRED: Fees: Engineering(Terracon Consultants, Inc.). 675,573 Reimbursements: Contract Administration (Engineering/Finance/Capital Budget).............................. 10,134 Engineering Services(Project Mgt/Constr Mgt).................................................. 15,200 Misc. (Printing,Advertising, etc.)..................................................................... 0 TOTAL 700,907 ESTIMATED PROJECT BUDGET BALANCE $ 0 Odem N SCALE: N.T.S. Al Doyle Q art and HUECES RWF 624 NUECES BAY ANNAVILLE 77 U P i CORPUS CHRISTI O 'wO R LEOPARD D 0 ROBSTOWN H H CORPUS CHRISTI nn 286 INTERN4no� AIRPORT 358 q e Fql CORPUS CHRISTI BAY $ e n J.C. Elliott Landfill $"`° TEXAS A&M UNIVERSITY r CORPUS CHRISTI r #I, 35B ISS Z OSO BAY CORP NXV ELo Q 685 43 FLOUR B 358 PROJECT LOCATION o� �p0 2444 V y., LAGU kWR Cefe F. Valenzuela Landfill LOCATION MAP NOT TO SCALE Project Number: 18128A CITY COUNCIL EXHIBIT Solid Waste Groundwater Monitoring CITY OF CORPUS CHRISTI,TEXAS viQ DEPARTMENT OF ENGINEERING SERVICES w� COFRUS Chr sti Engineering Solid Waste Groundwater Monitoring Council Presentation September 18, 2018 Location Map Corpus Chr sti Engineering ess NOE=BAY ffimm E N SCALE:N.T.S. Pus CHN6R n ROFSIDWN A x� CBE6115 CNRI511 BAY SOLID WASTE GROUNDWATER MONITORING J.C. Elliott Landfill BSD BAY rr m °A u R R BWFF d� P • LIAINA MORE Cefe F.Valenzuela Landfill 2 qW Project Vicinity CO*r Engineering ® SOLID WASTE N GROUNDWATER N SCALE:N.T.S. MONITORING SCALE:N.T.S. a V J.C.Elliott Landfill f 1 Cefe F.Valenzuela Landfill 0 V Solid Waste Groundwater Monitoring �o CU*hI Engineering This provides for a multi-year (one base year with two one-year renewals) ground water monitoring contract for both City landfills as required by TCEQ permits. The work includes monitoring, analysis, and reporting as described below: • Collecting field samples from each of the landfills' groundwater wells • Collecting field samples from leachate collection system locations • Laboratory analysis for 17 metals, 47 volatile organic compounds, nitrate- nitrogen, ammonia-nitrogen and dissolved organic carbon • Verification re-sampling for all sample locations that exceed TCEQ allowed limits • Lab data evaluations and reporting to TCEQ • Preparation and submission of the TCEQ Annual Report • Document preparation with analysis and justification to request TCEQ approval to discontinue monitoring of select metals on the basis that the tests offer little or no definitive indication as to whether a release has occurred within the landfill 4 Project Schedule Corpus Chr st;. Engineering 2018 2019 Oct Nov Dec Jan Feb Mar Apr May JunJul Aug Sep Monitoring -Year 1 2019 2020 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Monitoring -Year 2 2020 2021 Oct Nov Dec Jan Feb Mar Apr May JunJul Aug Sep Monitoring -Year 3 Estimated Completion Time: 36 Months (3 years) Corpus Chr sti Engineering Questions? CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES 18128A Solid Waste Landfill Groundwater Monitoring 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 Terracon Consultants, Inc., a Texas corporation, 6911 Blanco Road, San Antonio, Bexar County, Texas 78216, (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 Contract for Professional Services 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,eXGeFpt atter o ac Cvhihi4 n 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 AaPd A- 4. 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 31d party owners/operators. Contract for Professional Services 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 $225,191 per year with the option to administratively renew for two(2) additional years for a total contract price of$675,573. 3.2 The Consultant's fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. Consultant shall submit a Rate Schedule with their proposal. City and Consultant agree that the Rate Schedule is considered confidential information that may be excluded from public disclosure under Texas Government Code Chapter 552 as determined by the Texas Attorney General. 3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. 3.4 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3)days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis,the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 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. Contract for Professional Services 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 BYANYONE CLAIMING BY,THROUGH OR UNDERTHE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.9 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant's work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 3.5 above for services provided up to the date of suspension. ARTICLE IV—TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 This service shall be for a period of one (1) year beginning on the Effective Date. The Agreement may be administratively renewed for up to two 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. Contract for Professional Services 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 hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, "completion of the Project' refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. ARTICLE V—OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or over the contractor's methods of determining prices, or over competitive bidding or market conditions, Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant's experience and qualifications and represent Consultant's bestjudgment 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 Contract for Professional Services 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. Contract for Professional Services 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. Contract for Professional Services 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. Contract for Professional Services 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 contractor 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 I n 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. Contract for Professional Services 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 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 13.6 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 13.7 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering into this Agreement. 13.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form. 13.9 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf—info—form1295.htm. The form must then be printed, signed and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. Contract for Professional Services 13.10 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code,to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 13.11 Boycott Israel. As required by Chapter 2270, Government Code, Consultant hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, "boycott Israel" means refusing to deal with,terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. 13.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be fled and tried in Nueces County and cannot be removed from Nueces County. 13.13 Severabilitv. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with Articles I-XII I of this Agreement(Articles), the Articles shall take precedence and control to resolve said conflict. CITY OF.CORPUS CHRISTI TERR CON C NSULTANTS, INC. It/ -? Jeff H. Edmonds, P. E. Date Lee rrett, P. G. Date Director of Engineering Services Principal 6911 Blanco Road San Antonio, TX 78216 APPROVED A5 TO LEGAL FORM (210) 641-2112 Office lee.garrett@terracon.com Assistant City Attorney Date ATTEST City Secretary Date Contract for Professional Services Solid Waste Landfill Groundwater Monitoring (Project No. 18128A) Accounting Unit Account Activity Account Amount Category Solid Waste Operating 1020-12530-033 530000 18128-A-1020-EXP 30000 $113,925.50 JCE LF Solid Waste Operating 1020-12506-033 530000 18128-A-1020-EXP 30000 111,265.50 CV LF Total $225,191.00 Contract for Professional Services Irerracon August 28, 2018 Mr. Lawrence Mikolajczyk Director of Solid Waste Operations City of Corpus Christi 4917 Holly Road, Bldg. 5 Corpus Christi,Texas 78411-4757 Telephone: (361)826-1965 E-mail: LawM .cctexas.com RE: Proposal for Solid Waste Landfill Groundwater Monitoring Project No. 18128A Cefe Valenzuela Landfill located at 2397 County Road 20 in Bishop, Texas JC Elliott Landfill located at 7001 Ayers Street in Corpus Christi, Texas Terracon Proposal No. PCD187028 Dear Mr. Mikolajczyk: Terracon Consultants, Inc. (Terracon)appreciates the opportunity to submit this proposal to the City of Corpus Christi(City)to conduct groundwater monitoring at the above-referenced municipal solid waste (MSW) landfills. The locations of the MSW landfills are shown in Exhibit 1. We understand the objective is to implement the current Groundwater Sampling and Analysis Plan (GWSAP)for each MSW landfill. The GWSAPs outline the City's program for groundwater monitoring in accordance with the requirements of Title 30 of the Texas Administrative Code{TAC), Chapter 330, Subchapter J. Currently, the groundwater at each MSW landfill is being monitored on a semi-annual basis under the Detection Monitoring Program. Scope of Services Detection monitoring for two landfills with allowances for contract (see Section 2.0 of attached transfer, training, consulting, and non-routine monitoring. proposal detail) Schedule A kickoff meeting will be scheduled within one week of receiving a (see Section 4.0 of attached Notice to Proceed. The second annual groundwater monitoring event proposal detail) is scheduled for October 2018 at both landfills. Compensation The fee for providing the proposed services will be invoiced on a (see Section 4.0 of attached time and materials basis using the rates referenced in Section 4.0. proposal detail) EXHIBIT"A" Terracon Consultants Inc 6911 Blanco Road San Antonio. Texas Page 1 of 14 P 210.641.2112 F 210-641-2124 terracon com Professional Geoscienlist Firm No. 50058 Environmental 0 Facilities go Geotechnical 0 Materials Proposal for Groundwater Monitoring Cefe Valenzuela and JC Elliott MSW Landfills■ Corpus Christi,Texas Irerracon August 28,2018 .Terracon Proposal No. PCO187028 If you have questions or comments regarding this proposal, please contact either of the undersigned at 210-641-2112. Sincerely, Terracon Consultants, Inc. 0 Phyllis Pri ose, P.G. Le rrett. G. Group Manager Principal Attachments, Proposal Detail Exhibit 1 —Landfill Location Map Exhibits 2 and 3—Landfill Map Table 1 —Sampling and Analytical Program Terracon 2018 Fee Schedule Responsive■ Resourceful k. Reliable 2 EXHIBIT"A" Page 2 of 14 Proposal for Groundwater Monitoring Cefe Valenzuela and JC Elliott MSW Landfills a Corpus Christi,Texas Irerracon August 28, 2018 Terracon Proposal No. PCD187028 1.0 PROJECT INFORMATION The J.C. Elliott Landfill is located at 7001 Ayers Street in Corpus Christi, Texas. The layout is shown in Exhibit 2. The landfill is permitted (Permit No. 4236) by the Texas Commission on Environmental Quality (TCEQ) and is in post-closure care. Groundwater monitoring is currently being conducted in accordance with 30 TAC §330.407 (related to Detection Monitoring Program for Type I Landfills) following the Groundwater Sampling and Analysis Plan (GWSAP) dated December 26, 2007 and approved by the TCEQ on June 8, 2008. The detection monitoring network consists of 23 monitoring wells. The wells are completed in the Beaumont Formation. "Well yield is low and most wells experience some draw down at pumping rates less than 0.3 liters per minute."' Historically, 3 sumps associated with the leachate collection system have also been sampled. The Cefe Valenzuela Landfill is located at 2397 County Road 20 in Bishop (Nueces County), Texas. The layout is shown in Exhibit 3. The permitted (Permit No. 2269) landfill is active. Detection monitoring is also being conducted at Cefe Valenzuela following the GWSAP dated January 2010. The groundwater monitoring system consists of 33 four-inch diameter monitoring wells. There are two water-bearing units and the wells are screened in the lower 10 feet of the water-bearing unit in which they were installed.2 There are nested wells at MW-02, MW-11, MW_ 12 and MW-13. Historically, 3 sumps associated with the leachate collection system have also been sampled. 2.0 SCOPE OF SERVICES The proposed Scope of Services was developed based on a meeting conducted on August 10, 2018 with the City. The City requested that Terracon implement the Detection Monitoring Program for both landfills. For each year of this contract, the Scope of Services will consist of: Groundwater detection monitoring on a semi-annual basis at both landfills; Evaluation of data to determine if a statistically significant increase(SSI)has occurred; Notification of initial exceedance (if needed); Verification sampling (if needed); Alternate Source Demonstrations(ASDs) (if needed); and Preparation and submittal of the required reports for the reporting year. ' Tolunay-Wong Engineers, Inc. Annual Groundwater Monitoring Report for 2016. May 2017. z Tolunay-Wong Engineers, Inc. Cefe Valenzuela Landfill Annual Groundwater Monitoring Report for 2017. April 2018. Responsive a Resourceful n Reliable 1 EXHIBIT"A" Page 3 of 14 Proposal for Groundwater Monitoring Cefe Valenzuela and JC Elliott MSW Landfills Corpus Christi,Texas Irerracon August 28,2018 Terracon Proposal No. PCD187028 We understand the first semi-annual events for 2018 were conducted by Tolunay Wong Engineers, Inc. and that the data from that event will be provided to us for inclusion in the Annual Groundwater Monitoring Report. 2.1 Objectives The objective of the Detection Monitoring Program is to determine if a landfill is leaking. The concentrations detected in the samples will be compared to the background concentrations established for each landfill. If an initial exceedance is confirmed, then a significant statistical increase (SSI) has occurred and an Assessment Monitoring Program may need to be implemented at the landfill unless a demonstration can be made that the SSI is the result of: Contamination from a source other than the landfill; or An error in sampling, analysis, or statistical evaluation; or Natural variations in groundwater quality. 2.2 Sampling and Laboratory Analytical Program Groundwater samples will be collected from the existing groundwater monitoring system at each landfill on a semi-annual basis. Terracon understands each monitor well has a dedicated pump with bladder and tubing sufficient to collect representative groundwater samples. The sampling and analytical program is summarized in Table 1. The laboratory analyses are based on the requirements of§330.407 and the applicable GWSAP. Quality Assurance Program: The GWSAP specifies type and frequency of quality control samples that are to be included in the analytical testing as part of the Quality Assurance Program. For each landfill facility, the following Quality Control samples will be included: Trip Blank—Daily Field Blank—Daily Equipment Blank—Once per sampling event Duplicate Sample: One per every 10 samples or part thereof Split Sample (to be tested at a different laboratory): one per sampling event The selected environmental laboratories that perform the analytical testing will also include standard quality control samples include in each analytical batch, such as Method Blanks, Laboratory Control Samples(LCS), Method Spike/Matrix Spike Duplicates(MS/MSD), and in the case of certain organic test methods, surrogates. The Quality Control results will be reviewed as part of the overall Data Usability Evaluation for the program. Responsive n Resourceful ■ Reliable 2 EXHIBIT Page 4 of 14 Proposal for Groundwater Monitoring Cefe Valenzueia and JC Elliott MSW Landfills Corpus Christi,Texas Irerracon August 28, 2018 Terracon Proposal No. PCD187028 Only wells with one or more Appendix i constituent concentration in excess of the respective background concentration will be sampled during verification sampling events. Investigation-derived waste (IDW)will be disposed in the landfill. 2.3 SSI Determination No later than 60 days after each sampling event, Terracon will determine if a reported concentration exceeds background concentrations. If a constituent concentration exceeds background, Terracon will notify the TCEQ within 14 days of the initial determination and then collect verification samples for laboratory analyses; prepare an ASD; or recommend establishing an Assessment Monitoring Program. Verification sampling and ASDs will be well-specific, constituent-specific and concentration-specific. Based on the laboratory analytical results, verification sampling, if required, will be conducted within 15 business days of receipt of the test results and in consultation with City Landfill personnel. According to the 2017 Annual Report for the Cefe Valenzuela Landfill, the concentration for one constituent (selenium) exceeded background. The exceedance was attributed to natural conditions and was addressed through an ASD. According to the 2016 Annual Report for Elliott, the concentrations for 5 metals exceeded background in 7 monitoring wells. Resampling was conducted. 2.4 Report Preparation The Scope of Services will include preparation and submittal of the following reports: Notice of Initial Exceedance (if needed); Verification Sampling Report(if needed); Alternate Source Demonstration Report(if needed); and a Annual Detection Monitoring Report. These reports will be prepared and submitted following the TCEQ Guidelines for Groundwater Monitoring Report Submittals dated December 2014. Draft reports will be submitted to the City for review/comments. Annual reports will be available for the City to review at least two weeks prior to the required submittal date. The written conclusions and recommendations provided in these reports will take precedence over any verbal or preliminary reports that Terracon personnel may have provided. Responsive ■ Resourceful a,Reliable 3 EXHIBIT"A" Page 5 of 14 Proposal for Groundwater Monitoring Cefe Valenzuela and JC Elliott MSW Landfills :. Corpus Christi,Texas Irerralcon August 28, 2018 Y Terracon Proposal No.PCD187028 3.0 ALLOWANCES 3.1 Contract Turnover The City has requested that Terracon's cost proposal include developing protocols in the form of a Standard Operating Procedure(SOP)for facilitating the transfer of the groundwater monitoring contract between consultants. Items of interest would include transferring information that would be useful in performing the various tasks associated with the landfill groundwater monitoring program. The SOP will be used as a guideline for the current and future transfer of information related to the contract. The intent will be to ease the transition regarding technical, administrative and regulatory agency matters associated with the contract. Included will be items such as the historical data,familiarization of the monitoring well and sampling equipment, access/scheduling, and site-specific TCEQ concerns or requirements. At the end of the contract term, Terracon will assist the selected future contractor with instructions for maintaining the monitoring wells in proper condition, use of the installations for conducting the groundwater sampling, understanding City landfill requirements and any special TCEQ reporting protocols. Safety procedures including reviewing the Health and Safety Pian, personal protective equipment (PPE), site-specific hazards/concerns,will also be reviewed. Technical aspects of the program, such as trends in the historical data trends and quality control procedures will also be included. The overall objectives will be to lower the City's cost associated with changing consultant, help the environmental consultants benefit from past experiences, avoid pitfalls, minimize mistakes/problems, satisfy the TCEQ and achieve the short and long-term requirements of the City. 3.2 Well Inspections & Development Prior to the commencement of the first groundwater monitoring event, Terracon will inspect and test the dedicated equipment in each monitor well to ensure the bladders are working properly and the tubing/connections are in good working condition. Terracon will also develop the monitor wells if needed based on the volume of sediment in the bladder or bottom of the well. Well development, if needed, may be postponed until after the October sampling event. For budgetary purposes, Terracon assumes that the inspection and development of the wells for each of the landfill facilities will be conducted one time during the groundwater monitoring contract period. Terracon will notify the City of any needed repairs or replacements of any of the tubing, connections or other equipment. 3.3 TCEQ Meetings and Petitions At various stages during the contract period, occasional meetings with the TCEQ may be required to discuss the analytical laboratory results,data outliers, verification sampling,and/or any specific requirements/concerns that may arise. Based on the data history, petitioning the TCEQ may be applicable to reduce the list of analytical parameters, such as certain metals, that are included in the GWSAPs. The meetings may be conducted in person at the landfill facilities, the TCEQ office in Corpus Christi or in Austin. For budgetary purposes, Terracon assumes that there will be one petition or TCEQ meeting per landfill per year. The actual services that are provided will be invoices on a time and materials basis. Responsive a Resourceful v Reliable 4 EXHIBIT"A" Page 6 of 14 Proposal for Groundwater Monitoring Cefe Valenzuela and JC Elliott MSW Landfills n Corpus Christi,Texas Irerracon August 28,2018 Terracon Proposal No. PCD187028 3.4 General Consulting On an as-needed basis, additional environmental consulting services may be required by the City that are not specifically outlined in Terracon's contract with the City.The task items could include, for example, assistance with a spill/release at one of the facilities, characterizing/identifying suspicious waste material,addressing an asbestos or mold issue,ambient air monitoring,or some other environmental matter that is within Terracon's technical capabilities. Our firm provides a wide range of environmental, geotechnical and materials testing services and would welcome the opportunity to be of assistance should the need arise. The actual services that are provided will be invoiced on a time and materials basis based on the attached rate sheet. 3.5 Training During the course of the contract, the City may bring on new/additional personnel that have a need to become familiar with the groundwater monitoring program. Terracon has included the cost for training designated City staff, on an as needed basis, in matters such as overall program objectives, protocols, regulatory agency requirements, data interpretation, Quality Assurance/Quality Controls, historical results/trends, schedules, groundwater monitoring installations/equipment and/or other pertinent issues. There may also be a need to meet with other personnel or City Officials to discuss/explain certain aspects and objectives of the groundwater monitoring program. For budgetary purposes,Terracon assumes that one training event will be required per year. 3.6 Records Review/Audit If requested, Terracon will conduct an audit of the landfill records such as historical analytical laboratory data, report submittals, TCEQ correspondences, responses, and other pertinent information related to the groundwater monitoring programs.The audit will involve an evaluation of previous issues/concems, data trends and required milestones for achieving the overall objectives of the groundwater monitoring program. If there are missing reports or other documents, we will let the City know of the situation to see if the information can be located. In some cases, documentation may be available from the TCEQ Central Records in Austin. Where available, the modifiable data tables, forms and other information in MS Word, Excel or another editable format will be obtained.The information will be compiled and organized to facilitate record management and ensure records are readily available for future use. For budgetary purposes, Terracon assumes that the Audit/Records Review for each of the landfill facilities will be conducted one time during the groundwater monitoring contract period. 3.7 Non-Routine Monitoring Assessment monitoring would only be required if an SSI determination has been confirmed and an alternate source can't be demonstrated to the satisfaction of the TCEQ. Based on historical data, implementation of the Assessment Monitoring Program is unlikely to occur at either landfill during this contract period. In addition, implementation of an Assessment Monitoring Program would require issuance of a new contract. Responsive a Resourceful a Reliable 5 EXHIBIT"A' Page 7 of 14 Proposal for Groundwater Monitoring Cefe Valenzuela and JC Elliott MSW Landfills a Corpus Christi,Texas Irerracan August 28, 2018 v Terracon Proposal No.PCD187028 As requested by the City, Terracon is providing an allowance for non-routine sampling during the transition period between the Detection and Assessment Monitoring Programs. The non-routine sampling for each landfill (if needed)would consist of: r" Sampling 3 point of compliance wells for the constituents listed in Appendix II to 40 Code of Federal Regulations(CFR) Part 258(hereafter referred to as Appendix 11 constituents); and - Initial communications with the TCEQ regarding the Appendix II results. 3.8 Contingency Allowance As instructed, Terracon has included a line item with a 10% allowance of the groundwater monitoring costs for unforeseen services that may be required. 4.0 SCHEDULE AND FEE The contract is based on the City's fiscal year which begins October 1. The term of the contract is 3 years. The project schedules are based on Week 1 beginning after receipt of the Notice to Proceed (NTP). Our understanding is that the NTP will be received on or before September 28, 2018. The schedules provided in this proposal are contingent upon Terracon's receipt of the NTP by this date. The Allowances will be conducted on an as-needed basis. If schedule delays are anticipated based on subcontractor availability, weather, and/or encountered site conditions, the City will be contacted to discuss changes in the schedule. The standard laboratory analytical completion schedule is 10 business days. If the City would like to have laboratory analyses completed quicker, please contact the undersigned to discuss the options and additional fees. The fee for providing the Scope of Services outlined in this proposal will be invoiced on a time and materials basis using the attached 2018 Terracon Fee Schedule. The 2018 fees will be adjusted 3% annually. Responsive ■Resourceful a Reliable 6 EXHIBIT"A" Page 8 of 14 Proposal for Groundwater Monitoring Cefe Valenzuela and JC Elliott MSW Landfills Corpus Christi,Texas Irerracon August 28, 2018 Terracon Proposal No. PCD187028 Summary of Cost for Groundwater Monitoring Program Elliott Cefe Valenzuela Labor 13,040.00 14,650.00 Laboratory 11,490.00 15,410.00 Testing Equipment, Supplies and Misc. Expenses 3,480.00 4,190.00 Estimated Verification Sampling and Reporting 11,680.00 4,110.00 Total per Event 39,690.00 38,360.00 Total per Year $79,380.00 $76,720.00 Total Annual Cost for Groundwater Monitoring Program $156,100.00 Allowances Contract Turnover(Meetings and SOP) $ 7,000 Well Inspections& Development $11,975 TCEQ Meetings and Petitions $ 6,750 General Consulting $ 5,000 Training (One/year) $ 3,000 ' Records Review/Audit $ 4,750 Non-Routine Monitoring ($7,500 per landfill) $15,000 ' Contingency Allowance $15.616 $69,091 Total Annual Cost for Contract $225,191.00 If additional services are required that are outside the scope of this proposal, the City will be contacted to discuss the associated costs and to obtain authorization prior to commencing the additional services. Responsive a Resourceful a Reliable 7 EXHIBIT"A" Page 9 of 14 Proposal for Groundwater Monitoring Cefe Valenzuela and JC Elliott MSW Landfills a Corpus Christi,Texas Irerracon August 28, 2018 Terracon Proposal No. PCD187028 5.0 CONDITIONS 5.1 Assumptions Field services will be performed in U.S. Occupational Health and Safety Administration Level D work uniform. r' Verification sampling, if needed, can be completed within 2 days per event. o Historical data and reports will be provided to Terracon, no later than the first sampling event, in a format that is easily modified or updated such as Word or Excel. 5.2 Limitations The proposed services will be conducted in a manner consistent with generally accepted practices of the profession undertaken in similar studies in the same geographic area during the same period. Terracon makes no warranties, express or implied, regarding these services, findings, conclusions or recommendations. Please note that Terracon does not warrant the services of laboratories, regulatory agencies or other third parties supplying information used in the preparation of the report. These services will be conducted in accordance with the scope of services agreed with you, our client, as set forth in this proposal. Certain indicators of subsurface impacts may be inaccessible, nondetectable, or not present during these services, and we cannot represent that the site contains no hazardous substances, petroleum products, or other latent conditions beyond those identified during this groundwater monitoring services. Subsurface conditions are subject to spatial and temporal variability. Our findings, conclusions, and recommendations will be based solely upon data obtained at the time and within the scope of these services. Responsive ■Resourceful w Reliable 8 EXHIBIT"A" Page 10 of 14 Proposal for Groundwater Monitoring Cafe Valenzuela and JC Elliott MSW Landfills Corpus Christi,Texas Irerracon August 28, 2018 Terracon Proposal No.PCD187028 Table 1.Sampling and Analytical Program for Detection Monitoring Appendix 1 Quantity Appendix 1 Metals Sample Locations or VOCs EPA MSW Landfill Frequency EPA 8260 6010/7471 Cefe Valenzuela Monitoring Well 33 X X Sump 3 X X Trip Blanks Daily X Field Blank Daily X Equipment Blank Per Event X X Duplicates Every 10 X X samples Split Per Event X X Trip Blanks Daily X X JC Elliott Monitoring Wells 23 X X Sumps 3 X X Trip Blanks Daily X Field Blank Daily X Equipment Blank Per Event X X Duplicates Every 10 X X samples Split Per Event X X Appendix I to 40 CFR Part 258 Subpart related to Groundwater Monitoring and Corrective Action at MSW Landfills Responsive a Resourceful 'a Reliable 9 EXHIBIT"A" Page 11 of 14 �h JC Elliot Landfill' 4 , Cefe Valenzuela Landfill J � - N D m � c� 7 n ` m v ` U P p 1` 0 Letlend N 1 Landfill Locations '= 12.000 6,000 0 12,000 Z Feet CL �rqed Mnpr 3rqpip ec Nc Landfill Location Map Exhibit ro y KKB 1 in=12.000 0 Irerracon Cefe Valenzuela Landfill(2397 CR 20.Bishop,Texas) necked y Na pJP WE "mF,3272 Consulting Engtneer5&Scientist% proved By To—,a 6911 Ble-co Road San Antonio,Tx MM JC Elliott Landfill(7001 Ayers Sl Corpus Christi.Texas} JAL 08-24.2018 PH 12101641,2112 FaK 218 Bal 1 4 EXHIBIT"A" Page 12 of 14 TOPOGRAPHIC MAP IMAGE COURTESY OF THE U.S. GEOLOGICAL SURVEY OUADRANGLES INCLUDE: DILLEY, TX (11111974), DILLEY NE. TX (111!1974), MILLETT TX (11111974) and BURNS RANCH, TX (111111974). DIAGRAMIS FOR GENERAL LOCATION ONLY, AND IS NOT INTENDED FOR CONSTRUCTION PURPOSES PmjM Manner PJP Plnj.ct No PCD187028 dib' KKB Checked b1 JAL Sul.: NTS h.IN.m.. PCO 187028 APProwd by KKB Data.8-21-2018 lrerracon 6911 Blanco Rd San Antonio, TX 78216.6164 Landfill Map — Cefe Valenzuela Landfill Exhibit Cefe Valenzuela Landfill 2397 CR 20 Bishop, Nueces County, Texas 78380 2 AERIAL PHOTOGRAPHY PROVIDED BY MICROSOFT GOGGLE EARTH DIAGRAM 15 FOR GENERAL LOCATION ONLY AND I5 NOT INTENDED FOR CONSTRUCTION PURPOSES Project Reneger Pip Drawn by KKB Checked br JAL Approved br KKB 1E8i87028 Saw M.T.S Fot PC0187028 Rite 8-21 21118 lrerracon 5111 Blanca Rd San Antonio, TX 712164114 Landfill Map — JC Elliott Landfill Exhibit JC Elliott Landfill 7001 Ayers Street Corpus Christi, Nueces County, Texas 78415 3 EXHIBIT B SAMPLE PAYMENT REQUEST FORM Sample form for: COMPLETE PROJECT NAME Payment Request Rev5edp7r27too Project No.XXXX Invoice No.12345 Invoice Date: Total Amount Previous Total Percent Basic Services: Contract Amd No. 1 Amid No.2 Contract Invoiced Invoice Invoice Complete Preliminary Phase $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% Design Phase 2,000 1,000 0 3,000 1,000 500 1,500 50% Bid Phase 500 0 250 750 0 0 0 0% Construction Phase 2,500 0 1,000 3,500 0 0 0 0% Subtotal Basic Services $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% Additional Services: Permitting $2,000 $0 $0 $2,000 $500 $0 $500 25% Warranty Phase 0 1,120 0 1,120 0 0 0 0% Inspection 0 0 1,627 1,627 0 0 0 0% Platting Survey TBD TBD TBD TBD TBD TBD TBD 0% O& M Manuals TBD TBD TBD TBD TBD TBD TBD 0% SCADA TBD TBD TBD TBD TBD TBD TBD 0% Subtotal Additional Services $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% Summary of Fees Basic Services Fees $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% Additional Services Fees 1 2,000 1,120 1,627 4,747 500 0 500 11% Total of Fees 1 $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% Contract for Professional Services EXHIBIT C Insurance Requirements Pre-Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements PROFESSIONAL LIABILITY $1 ,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must be prior to inception of agreement, have 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 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 se o� � v AGENDA MEMORANDUM N0ORPOR IEO Future Item for the City Council Meeting of September 18, 2018 1852 Action Item for the City Council Meeting September 25, 2018 DATE: September 18, 2018 TO: Keith Selman, Interim City Manager FROM: E. Jay Ellington, Director of Parks and Recreation Department JayEll(a�cctexas.com (361) 826-3464 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB26a�cctexas.com (361) 826-3169 Meal Delivery Service for Parks and Recreation CAPTION: Motion authorizing a three-year service agreement with R&R Delivery Service of Corpus Christi, Texas for meal delivery service for $678,178.80. PURPOSE: The purpose of this item is to approve a three-year service agreement for Meal Delivery Services for Parks and Recreation. BACKGROUND AND FINDINGS: Meal Delivery Services supports the Parks and Recreation Department's Senior Community Services and Summer Feeding Program. This service agreement provides Senior Community Services with the home delivery of approximately 550 meals daily to recipients of the Elderly Nutrition Program Grant and the Title XX and Title XIX Meals on Wheels Program. For the Summer Feeding Program, approximately 400 meals are delivered to designated feeding sites each day during the eight-week period from June to August, which is grant-funded through the Texas Department of Agriculture. The Purchasing Division conducted a competitive Request for Bid process to obtain bids from qualified firms to provide Meal Delivery Services Request for Bid No. 1490. The City received one bid; staff concluded that the bid submitted was fair and reasonable. Staff recommends award to R&R Delivery Service. 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 DEPARTMENTALCLEARANCES: Parks and Recreation FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017- 2018 Current Year Future Years TOTALS Line Item Budget $0.00 $678,178.80 $678,178.80 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $0.00 $678,178.80 $678,178.80 BALANCE j $0.00 $0.00 $0.00 Fund(s): Parks & Recreation Grant Fund - 1067 Comments: The Service Agreement will begin October 1 , 2018 through September 30, 2021. Funding will be funded in future fiscal years. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement Ciyt of Corpus Christi Bid Tabulation Purchasing Division RFB NO. 1490 Buyer: John Elizondo Meal Delivery Services for Parks and Recreation R&R Delivery Service ITEM DESCRIPTION UNIT QUANTITY Corpus Christi, TX UNIT PRICE EXTENDED PRICE Year 1 Elderly Nutrition Program - 1 Home Delivered Meals Meals 137,500 $ 1.54 $ 211,750.00 Year 2 Elderly Nutrition Program - 2 Home Delivered Meals Meals 137,500 $ 1.56 $ 214,500.00 Year 3 Elderly Nutrition Program - 3 Home Delivered Meals Meals 137,500 $ 1.58 $ 217,250.00 Group Total $ 643,500.00 4 Year 1 Summer Youth Feeding Program Meals 14,820 $ 0.75 $ 11,115.00 Year 2 Summer Youth Feeding 5 Program Meals 14,820 $ 0.78 $ 11,559.60 Year 3 Summer Youth Feeding 6 Program Meals 14,820 $ 0.81 $ 12,004.20 Group Total $ 34,678.80 Grand Total $ 678,178.80 SC 0 > SERVICE AGREEMENT NO. 1490 U MEAL DELIVERY SERVICE FOR PARKS AND RECREATION bO RPOR Af� 1852 THIS Meal Delivery Service for Parks and Recreation Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and R&R Delivery Service ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Meal Delivery Service for Parks and Recreation in response to Request for Bid/Proposal No. 1490 ("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 Meal Delivery Service for Parks and Recreation ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 36 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to zero additional zero-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 $678,178.80, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, 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 12/15/17 Name: Lisa Oliver Department: Parks and Recreation Phone: 361-826-3132 Email: IisaoC 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. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any 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. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Lisa Oliver Title: Senior Community Services Superintendent Address: 1201 Leopard Street, Corpus Christi, TX 78401 Phone: 361-826-3132 Fax: N/A IF TO CONTRACTOR: R&R Delivery Service Attn: Russell James Title: Owner/Operator Address: P.O. Box 71746, Corpus Christi, TX 78467 Phone: (830) 275-0853 Fax: N/A 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City 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, Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 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. 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 Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 CONTRACTOR Signature: �"a Printed Name: �-y 5eLL ,)AIrle-5 Title: Q we.(z., d P C f A-�b R, 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 and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 1490 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 Attachment A - Scope of Work 1. General Requirements/Background Information A. The Contractor shall provide meal delivery services for the Parks and Recreation Elderly Nutrition Program - Home Delivered Meals and the Summer Youth Feeding Program as outlined in this Scope of Work. B. The Elderly Nutrition and the Summer Youth Feeding Programs are administered by Senior Community Services Program, a division of the Parks and Recreation Department of the City. The meal delivery service for the Elderly Nutrition Program is for three years starting each year from October through September. Meal delivery service for the Summer Youth Feeding Program is also for three years but only for an eight week period each year, starting approximately the second week in June. 2. Scope of Work A. The City will be responsible for providing the Contractor with sufficient meals packed and ready for shipping with a route specifying the name and address of the recipient on a daily basis no later than 9:30 a. m. B. The Contractor shall load the meals into the delivery vehicle, deliver the meals to each home, hand the meals directly to the recipient at the door or request permission to enter the home and conveniently place the meal in a designated area and assist the recipient in opening the meal, if needed. It is the responsibility of the driver to initiate direct verbal and visual contact with the recipient each day the meal is delivered to the home. C. Contractor shall deliver approximately 550 meals each day to participating residents for a twelve month period consisting of 250 days to be delivered between the hours of 10:30 a.m. and 1 :30 p.m. Monday through Friday as outlined in Exhibit A - 2018 Elderly Nutrition Program- Home Delivery Calendar. D. Contractor shall deliver approximately 380 meals each day for 39 days during an eight week period between 10:30 a.m. and 1 :30 p.m. as per Exhibit B - 2018 Summer Youth Feeding Program Delivery Calendar. E. TRAINING: Elderly Nutrition Program - Home Delivered Meals - The Contractor will provide training for drivers in areas of meal delivery operations, client confidentiality procedures, handling emergency situations, sanitary methods for delivering meals, general knowledge and techniques of working with aged and disabled individuals. Training shall be conducted by the Contractor on a quarterly basis and should be documented by the Contractor for Senior Community Services Program files. F. HIRING OF CONTRACTOR EMPLOYEES: The Contractor shall ensure drivers meet the following requirements prior to issuing them a route assignment: 1 . Valid Texas Driver's License. 2. Minimum State requirement of vehicle insurance coverage. 3. General knowledge of Corpus Christi City Limits. 4. Knowledge of Senior Community Service Meal Delivery Routes and Summer Youth Feeding Program Routes. 5. The Driver must have a valid Corpus Christi/Nueces County Health Department Food Handlers Permit. 6. It is recommended all employees complete a Basic First Aid/CPR Certification within 60 days of employment. 7. The Contractor must provide written documentation and maintain records of conducting employee background checks as mandated by the Texas Health and Human Services and Texas Department of Agriculture per the following: a) The Contractor must obtain a criminal history on each driver through a public agency or directly from the Department of Public Safety. b) The Contractor must obtain an Employee Misconduct Registry on- line through the List of Excluded Individuals/Entities (LEIE) maintained by the United States Department of Health and Human Services Commission. c) The Contractor must obtain a Nurse Aide Misconduct Registry on- line through the LEIE, maintained by the United States Department of Health and Human Services Commission, Office of Inspector General. G. All background checks are required before hiring an applicant for employment. The Employee Misconduct Registry and the Nurse Aide Registry are required to be conducted on a monthly basis while employed. Contractor employees must adhere to the following: 1 . Must wear a picture style identification badge on the upper outer garment when delivering meals. Such badge shall be approved by the Contract Administrator. 2. Must comply with professional dress code requirements. Cut off shorts, tank tops, or flip flops are not allowed. 3. Dress, accessories and jewelry which contain obscene symbols, signs or slogans, and/or which slur or degrade on the basis of race, religion, ethnicity, sex, disability or sexual orientation, contain language or symbols supporting sex, drugs, alcohol, or tobacco, and impose a threat of imminent violence are not allowed. 4. Clothes shall be sufficient to conceal undergarments at all times. See- through fabrics, sheer, fishnet fabrics (clothing with large holes), halter tops, off the shoulder, low cut tops, and bare midriffs are not allowed. See through shirts may be worn with t-shirts that meet dress code. 5. All shorts must not be more than 1-2 inches above the knee. 6. Sagging and/or baggy pants must not be worn. Pants need to be properly fitted and/or worn with a belt. Pants may not drag on or touch the ground. 7. All other requirements as per Senior Community Services Home Delivered Meal Training Handbook for drivers. (Attachment A) H. The Contractor must provide a HOME DELIVERY MEAL (HDM) and Summer Youth Feeding Program Route Supervisor to be housed at the Nutrition Education Services Center, Monday through Friday from 8:00 a.m. until all drivers return to the kitchen. The responsibilities of the HDM and Summer Youth Feeding Program Route Supervisor are as follows: 1 . Verify daily route charts for accuracy before drivers arrive (i.e., pick up cancellation/reservation book for any documentation). 2. Addressing Contractor employee issues (i.e., drivers calling in sick, training, etc). 3. Calling back-up drivers to fill in when necessary. The Route Supervisor may not serve as a designated back-up driver. 4. Assist in packing route meals and milk to verify accuracy. 5. Assist in troubleshooting calls from drivers 6. Verify Route Sheets on a daily basis. 7. Submit daily Total Route Sheet reservations for the next serving day by 1 :30 p.m. 8. Complete and submit weekly Summary Report to the Contract Administrator by 4:00 p.m. on Fridays. 3. General Requirements A. Delivery 1 . Meals will be packed and must be kept in holding containers provided by the Contractor until the meal is delivered to the recipient. 2. Contractor shall replace broken or misused holding containers in a timely manner. 3. Contractor shall provide twelve food carts for loading the meals on to the delivery vehicles. Hot and cold food shall be maintained as per Texas Health and Human Services standards for the Elderly Nutrition Program and Texas Department of Agriculture for the Summer Youth Feeding Program throughout the transport (i.e. milk will be kept in the cooler packed in ice at all times until delivery). 4. For the Elderly Nutrition Program-Home Delivered Meals, the Contractor shall deliver a specified number of frozen meals to designated recipients along with the hot meals as client/recipient service plans require. 5. Each driver shall complete their route within a two-hour to three-hour window, commencing from their pickup time to the time they return to the kitchen. 6. Meals delivered after the three hour window will be billed at half rate and any meal delivered after 3.25 hours shall be returned to the kitchen and will not be billed to the City of Corpus Christi's Senior Community Services Division. 7. The driver shall log the delivery time to first and last delivery to recipient. 8. The driver shall verify the meals packed for delivery as per the daily route sheet to assure accuracy. If a driver is short a meal(s) they will be responsible for returning to the kitchen and delivering the meal to the recipient (i.e. a driver fails to count the meals before leaving the kitchen or a driver delivers a meal to a client who was marked "off" the route sheet). The City will be responsible for delivering the meal if it was the fault of the City, (i.e. the City fails to properly document a cancellation or omits to add a recipient on the route). The payment reduction will not apply to meal shortages resulting from documentation errors made by City Staff. 9. All meals shall be delivered in an enclosed vehicle without exceptions to this requirement (i.e., meals will not be placed in the back of a pickup truck that does not have a shell). Vehicles must comply with safety, Health Department, Texas Health and Human Services (Elderly Nutrition Program), and Texas Department of Agriculture (Summer Youth Feeding Program) standards and must be properly maintained. 10.The Contractor shall maintain approximately 10 routes consisting of approximately 55 stops each. The number of routes is contingent on the number of routes in the service area. Changes to routes shall only be made with prior City staff approval. 1 1 .The Contractor shall return all undelivered meals and equipment to the kitchen, along with a locked moneybox used by the driver to collect any donations made by the recipients. 12.An additional meal will be delivered prior to the following designated holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day, and one other Holiday designated by the Corpus Christi City Council. Meals will be delivered on designated staff in-service dates to be held each quarter. 4. Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 5. Special Instructions A. NO SOLICITATION: Drivers must not solicit or accept gifts, favors, tips or any other items of value from a recipient or other person on behalf of the recipient in connection with the services rendered under the contract. B. NOTIFICATION: Elderly Nutrition Program - Home Delivered Meal-Drivers must immediately notify an employee of the Senior Community Services of any safety, health, or fire hazards observed in recipient's home. Any significant changes observed in the recipient's physical or mental condition must also be reported immediately. In addition, Contractor is to report when previous day's food is found uneaten and/or where it was left the previous day, the recipient cannot be found, and suspension of services has not been authorized. Exhibit A (Monday - Friday Schedule) Elderly Nutrition Program Home Delivery S M T W T F S S M T W T F S ■ ■ S M T W T F S S M T W T F S ■ S M T W T F S S M T W T F S ■ S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S Meal Delivery Additional Meal Delivery City Holiday An additional meal will be delivered prior to the designated holidays: New Years Day,Memorial Day Fourth of July, Labor Day,Thanksgiving Day,Christmas Day and one other Holiday designated by the Corpus Christi City Council. Exhibit B 2018 Summer Youth Feeding Program m T w 1 5 -A I w 7 1 2 3 4 5 6 1 2 7 t1 9 10 11 12 5 6 7 a 9 1 A .5 16 17 18 19 i5 12 13 14 15 16 21 22 23 24 25 26 27 19 20 21 22 23 2tj 29 1 30 31 26 27 210 3 )A w 1 3 3 m T w i F s 2 a 1 2 3 4 5 -5 7 4 5 6 7 1? 1 D 9 10 11 s 14 1 1 12 13 14 15 6 17 16 17 21 I?1 19 20 21 212 23 24 23 24 7 t! L25 26 1 27 2t[ 29 30 31 L7: 1 30 1 5 T W 5 5 1 JA T W F 2 5 2 9 - 12 3 4 5 6 7 8 9 3 17 .11 1' '1 I It T? "WM OT4 -M 16 2C 24 .7 1 b 19 20 27 -2 23 :t 75 —t 1 27 26 2qqj 30 5 T T 7 w ir z 142 3 5 6 S1 10 11 12 13 1 6 16 TS 116 17 18 19 20 13 14 22 3 24 25 26 27 21 2 2 7 29 31 28 '29 T -A T w F 5 1 2 3 6 3 4 3 7 7 9 10 13 42 10 11 12 3 - 15 16 17 20 16 17 18 19 2 2 23 24 227 23 2! 25 2� :t 29 30 3' 30 1 T 7 -A w s 2 1 15 7 3 4 5 6 7 13 14 15 16 10 11 12 1:3 IA 15 20 21 22 23 17 1 E 19 2D 21 22 -6 27 1 28 1 29 1 30 24 1 '2 5 1 26 1 V 2ts TP Meal Delivery Ciry H oliday-No Med Derivery ATTACHMENT B - BID/PRICING SCHEDULE MEAL DELIVERY SERVICES FOR PARKS AND RECREATION CITY OF CORPUS CHRISTI R&R DELIVERY SERVICE PURCHASING DIVISION CORPUS CHRISTI, TEXAS SENIOR BUYER: JOHN ELIZONDO R&R Delivery Service ITEM DESCRIPTION UNIT QUANTITY Uvalde, TX UNIT PRICE EXTENDED PRICE Year 1 Elderly Nutrition Program - 1 Home Delivered Meals Meals 137,500 $ 1.54 $ 211,750.00 Year 2 Elderly Nutrition Program - 2 Home Delivered Meals Meals 137,500 $ 1.56 $ 214,500.00 Year 3 Elderly Nutrition Program - 3 Home Delivered Meals Meals 137,500 $ 1.58 $ 217,250.00 Group Total $ 643,500.00 4 Year 1 Summer Youth Feeding Program Meals 14,820 $ 0.75 $ 11,115.00 Year 2 Summer Youth Feeding 5 Program Meals 14,820 $ 0.78 $ 11,559.60 Year 3 Summer Youth Feeding 6 Program Meals 14,820 $ 0.81 $ 12,004.20 Group Total $ 34,678.80 Grand Total $ 678,178.80 ATTACHMENT C—INSURANCE AND BOND REQUIREMENTS L 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 Bodily Injury and Property Damage cancellation, non-renewal, material change Per occurrence - aggregate or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence including: $1,000,000 Aggregate 1. Commercial Broad Form 2. Premises—Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury-Advertising Injury AUTO LIABILITY(including) $1,000,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II of this (All States Endorsement if Company is not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. IL ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City,with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty(30)calendar days advance written notice directly to City of any, cancellation,non-renewal, material change or termination in coverage and not less than ten(10)calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation,non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required,the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. L It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Purchasing—Parks & Rec Meal Delivery Service for Elderly Nutrition Program and Summer Youth Feeding Program 07/18/2018 sw Risk Management Valid Through 12/31/2018 No bond requirements necessary for this service agreement; Section 5. (B) is null for this Service Agreement. Attachment D - Warranty Requirements Section 8. is null for this Service Agreement. Page 1 of 1 se GO O Va. AGENDA MEMORANDUM NORROPPEFuture Item for the City Council Meeting of September 18, 2018 1852 Action Item for the City Council Meeting of September 25, 2018 DATE: September 11, 2018 TO: Keith Selman, Interim City Manager FROM: Dan Grimsbo, Executive Director of Utilities DanG a(�cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2(a).cctexas.com (361) 826-3169 Supply Agreement for Hydrofluorosilicic Acid for Water Treatment for the O.N. Stevens Water Treatment Plant CAPTION: Motion authorizing a one-year supply agreement for the purchase of hydrofluorosilicic acid from Univar USA, Inc. from Kent, Washington for $195,750.00. PURPOSE: This item is to approve a supply agreement for hydrofluorosilicic acid for the O.N. Stevens Water Treatment Plant. BACKGROUND AND FINDINGS: The product hydrofluorosilicic acid will be used in the treatment of potable (drinking)water to reduce the incidence of dental caries (tooth decay). The Hydrofluorosilicic Acid will be fed by means of a liquid feeding system. Commercial strength hydrofluorosilicic acid has a typical strength of 25 percent acid content, and is produced as a co-product in the manufacture of wet-process phosphoric acid and other phosphate fertilizers. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received four responsive, responsible bids, and is recommending the award to the lowest, responsive, responsible bidder, Univar USA, Inc. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State Statutes regulating procurements. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: Utilities Department -Water FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $7,924,177.02 $179,437.50 $8,103,614.52 Encumbered / Expended Amount $2,814,545.67 $0.00 $2,814,545.67 This item $16,312.50 $179,437.50 $195,750.00 BALANCE $5,093,318.85 $0.00 $5,093,318.85 Fund(s): Utilities - Water Fund Comments: The initial contract term total is $195,750.00, of which $16,312.50 is funded in FY2017-18. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement Bid Tabulation CITY OF CORPUS CHRISTI PURCHASING DIVISION REQUEST FOR BID BID TABULATION TITLE:RFB 1780 Hydrofluorosilicic Acid for Water Treatment BUYER:Cynthia Perez Supplier 1 Supplier 2 Supplier 3 Supplier 4 Univar Mosaic Global Sales,LLC Pencco,Inc. Shannon Chemical Corporation Kent,Washington Lithia,Atlanta San Felip,Texas Malvern,Pennsylvania UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED ITEM DESCRIPTION Unit QTY PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE 1 HydrofluorosilicicAcid Wet Ton 1 450 $ 435.00 $195,750.00 $437.00 $196,650.00 1 $483.00 $217,350.00 $ 577.77 $259,996.50 TOTAL $195,750.00[ $196,650.00 $217,350.00 $259,996.50 o� SUPPLY AGREEMENT NO. 1780 v Hydrofluorosilicic Acid for Water Treatment N 0 ppPO¢pRPY THIS Hydrofluorosilicic Acid for Water Treatment Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Univar USA, Inc. ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Hydrofluorosilicic Acid for Water Treatment in response to Request for Bid No. 1780 ("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 l 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 Hydrofluorosilicic Acid for Water Treatment 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 12 months. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods ("Option Periods)"), 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 $195,750.00, 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 ] of 7 Approved as to Legal Form 12/15/17 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. (A) The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Supplier warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Supplier or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator 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 faxes, 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 12/15/17 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 Phone: (361 ) 826-1827 Fax; (361 ) 826-4488 IF TO SUPPLIER: Univar USA, Inc. Attn: Stacy Ziegler Title: Municipal Specialist Address: 8201 S. 212th St. Kent, WA 98032 Phone: (253) 872-5023 Fax: (253) 872-5041 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 12/15/17 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. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for Supply Agreement Standard Form Page 5 of 7 Approved as to legal Form 12/15/17 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. 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 12/15/17 SUPPLIER Signature: Printed Name: �r-r-k Title: ., I AA -.n r- 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 l : RFB No, 1780 Exhibit 2: Supplier's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 Attachment A -Scope of Work 1.1 General Requirements/Background Information The Supplier shall provide hydrofluorosilicic acid as outlined in this Scope of Work.HydrofIuorosilicic Acid is used in the treatment of potable (drinking) water to reduce the incidence of dental caries (tooth decay). Hydrofluorosilicic Acid is produced as a co-product in the manufacture of wet-process phosphoric acid and other phosphate fertilizers. The Hydrofluorosilicic Acid is fed by means of a liquid feeding system. Commercial strength Hydrofluorosilicic Acid has a typical strength of 25 percent acid content. This item will be purchased in wet tons. 1.2 Scope of Work The Supplier shall supply Hydrofluorosilicic Acid as specified. i. The Hydrofluorosilicic Acid shall contain between 20 and 25 percent Hydrofluorosilicic Acid by weight. 2. The Supplier shall comply with the American National Standards Institute/American Water Works Association Standard for Hydrofluorosilicic Acid, ANSI/AWWA B703-06, 3. The Supplier shall comply with the American National Standards Institute/National Sanitation Foundation Institute Standard for Drinking Water Treatment Chemicals - Health Effects, ANSI/NSF 60. 4. The Supplier shall provide proof that they are complying with ANSI/NSF 60 standards by supplying a list from NSF Products listing the website for their manufacturer. The agency must be recognizedby the Texas Commission on Environmental Quality. 1.3 Delivery and Weighing Requirements I. Each shipment shall be in approximately 4,000-gallon tank truck lots. Tank trucks shall be of appropriate design to handle this material safely and the shipping thereof shall meet all applicable U.S. Department of Transportation and State of Texas regulations. This statement shall be on each truck load lot "Notice: This material meets the requirements of AWWA B703-06 Standard for Hydrofluorosilicic Acid". 2. Each chemical shipment must be weighed by local certified weighers before delivery to and after unloading at the O.N. Stevens Water Treatment Plant. The truck driver must promptly deliver chemical shipment weight "ticket" or legible copies to the City of Corpus Christi, Contract Administrator, 13101 Leopard St., Corpus Christi, Texas 78410. 3. Deliveries will be made Monday through Friday, 8 A. M. to 5 P. M. only, unless an emergency arises, then the Contract Administrator may approve after hour deliveries. 4. An affidavit of compliance, by the manufacturer, stating that at the time of loading, the Hydrofluorosilicic Acid, furnished, complies with all applicable requirements of ANSI/AWWA B703-06 and a Certified Analysis of each load shall be provided to the City of Corpus Christi, Plant Supervisor, 13101 Up River Rd., Corpus Christi, Texas 78410. This analysis shall include, but is not limited to, 1 ) hydrofluorosilicic acid content, 2) free acid content, other than hydrofluorosilicic acid, 3) specific gravity, and 4) heavy metals. 1.4 OSHA and Training A. The Supplier must comply with all requirements and standards of the Occupational Safety and Health Act. All appropriate marking shall be in place before delivery. Items not meeting OSHA specifications will be refused. B. The Supplier shall provide training to City employees in the safe handling, storage, and use of the material on a semiannual basis at the convenience of the City. This training shall include a presentation of sufficient length to visually portray the proper procedures of handling, storage, and use. Also, all information contained on the Safety Data Sheets shall be thoroughly covered. 1.5 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. 1.6 4wnershir) City's ownership of the Hydrofluorosilicic Acid shall begin, and Supplier's ownership shall cease, upon the unloading of the chemical at the Q.N. Stevens Water Plant. 1.7 Billing The Supplier must base billing and pay quantity for each chemical shipment on "local" certified weight tickets for delivery of Hydrofluorosilicic Acid. Attachment B - Bid/Pricing Schedule mus CITY OF CORPUS CHRISTI v BID FORM PURCHASING DIVISION RFB No. 1780 x852 Hydrofluorosilicic Acid for Water Treatment Date: July 26, 2018 PAGE 1 OF 1 Bidder: Univac USA, Inc. AuthorizedSignature: 1. Refer to "Instructions to Bidders" and Contract Terms and o ons 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 i 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. Do not write notes on the bottom of this page. Bidder will be considered Non-Responsive if the bid form is modified. Item Description UNIT 12- Unit Price Total Price Month QTY 1 H drofluorosilicic Acid Wet Tons 1 ,450 1 $ 435.00 $ 195,750,00 Attachment C- Insurance Requirements 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 Bodily Injury and Property cancellation, non-renewal, material Damage change, or termination required on all Per occurrence - aggregate certificates and policies. COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence including: $1,000,000 Aggregate 1. Commercial Broad Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors b. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this not domiciled in Texas) Exhibit. Employers Liability $500,000/$500,000/$500,000 POLLUTION LIABILITY $1,000,000 Per Occurrence C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Il. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insured's by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Purchasing - Utilities Delivery of Hydroflucrosilicic Acid 06/21/2018 sw Risk Management Valid Through 12/31/2018 Attachment C - Bond Requirements No bond requirements necessary for this supply agreement; Section 5. (B) is null for this supply agreement. Attachment D - Warranty Requirements No warranty requirements necessary for this supply agreement; Section 8. Warranty is null for this supply agreement. SC F U conpoRN I AGENDA MEMORANDUM 1852 Public Hearing and First Reading for the City Council Meeting of September 18, 2018 Second Reading for the City Council Meeting of September 25, 2018 DATE: August 23, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Rezoning property at or near 6001 Crosstown Expressway (State Highway 286) (3/4 Vote Required) CAPTION: Case No. 0818-01 Joshua Kosarek: Ordinance rezoning property at or near 6001 Crosstown Expressway (State Highway 286) from "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District. (3/4 vote required) PURPOSE: The purpose of this item is to allow for the construction of a medical office building. RECOMMENDATION: PlanningCommission and Staff Recommendation (August 8, 2018)and Staff Recommendation (August 8, 2018): 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 "ON" Neighborhood Office District. Vote Results: For: 8 Opposed: 0 Absent: 1 Abstained: 0 ALTERNATIVES: 1 . Deny the request. 2. Approval of the "CN-1" Neighborhood Commercial District (3/4 vote required) OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for commercial uses. The proposed rezoning to the "CN-1" Neighborhood Commercial District is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (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 Case No. 0818-01 Joshua Kosarek: Ordinance rezoning property at or near 6001 Crosstown Expressway (State Highway 286) from "RS-6" Single-Family 6 District to the "CN- 1" Neighborhood Commercial District WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Joshua Kosarek ("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, August 8, 2018, 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 of the "ON" Neighborhood Office District and on Tuesday, September 18, 2018, 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 Joshua Kosarek ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as being 12.809 acres out of a 38.94 acre tract Section 7, Lot 2, Bohemian Colony Lands, located on the west side of the Crosstown Expressway, south of Holly Road, and north of Saratoga Boulevard (State Highway 357) (the "Property"), from "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District (Zoning Map No. 049037), as shown in Exhibits "A" and "B". Exhibit A, is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@3COE4F9A\@BCL@3COE4F9A.docx Page 2 of 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@3COE4F9A\@BCL@3COE4F9A.docx Page 3 of 5 Exhibit A MURMAY HASs,1k.,P-P,0.P.LS IUS4 S At_ARAZDA,If?79404 Ntx0M M. w01.111,P.6.R.P.LS. 361 64:.!321—VAX 361 982.1263 "W,E811-7ttt4D,.lIlff e•tssll:aturrsrirdosoLCUM c•arul.D,jmrfd oaf cum BASS & WELSH ENGINEERING 7'X Registration No. F-52 Surrey Rettistratloo No. 100027.00 P.O.Boa 6397 Corpus Christi.TX 74466.6397 .Arlt'14.2016 Field Nob Descrlpdon Tract"A" Being a tract situated In Corpus Christi,Nueras County,Texas.a portion,of that 3894 acre tract described In the feet MY of Amo W.Behmann,Cause No 282154 of the Probate Records,County Clerk st Law,No. 4,and bung more pallculary described by metes and bounds as follows: BEGINNING at a TxiHT Brass disc eat In ocncrste found for the rxxtPeast corner of the 38.94 acre bad,said polm being also the southeast comer of he remalnder portion of Lot 1,Block 2,Cabardas Acres,as shown on the map thereof recorded In Volume 10 at Page 2A of be Map Records of Nueces County.Texas,said polifl lying in the west dight-of-way the of Slate HtWvw y 286; THENCE S29'50'121N a lorg the west right-cf-way line of State Highway 288,a dstanoe of 440.77 feet to a 5.8 Inch Imn rod set for the southeast coater of trtis tract; THENCE N81'5320'W a distance of 1280.89 feet to a 518 Inch ion rod sat for the souihwast corner of this "cl,said point lying In the"al boundary of a 0 486 sae vast ocdkxted for atrest rlghl-ol-wet',es doscrtbed rn Document No.2018014152.of the 01Aclel Public Records of Nuecas County.Texas; THENCE N28'38'63'E stoup the east boundary of uld 0.488 acre tract at 351.22 feet pass the rmtheast comer of the 0.488 acre Nast altd the southewt comer of a 25 loot by 89 foot tract that was saved-snd- eccepted from the 38.94 acre tact to s 1/2 Inch ton rod found for the^otftwest comer of this tract,said poem being the souOm"cornu of Lot 12,Block 2 of the heretofore referenced Cabanas Acres floor the norlhwsst comer of this tract, THENCE 681'61'45E along the north boundary of l^e 38.94 acres and the south boundary of Block 2 Cabsrwss Acma a distance of 127028 feet to the POINT OF BEGINNING for►ring a tract embracing 12.809 soros �URBAY��HASS�JfI � ...2ir2s IA rfay Pane,fr.,R P L 3 dole:Basta of Bsairtil;Is Stats or Toxas,Lsrttasrt Gid.SxM Zone,NAC t 927 MB.ltsa6 03061-tivM Notes-Troaktice EXHIBIT "A' Peon'of 1 Page 1 of 4 C:\Users\legistar\AppData\Local\Temp\BCL Tech no logies\easy PDF 8\@BCL@3COE4F9A\@BCL@3COE4F9A.docx Page 4 of 5 Exhibit B Ram ,.� rl- III! �� � t► w►FAi lr11EEi i B Esm NUl pip t qj!. —..4w 41V---- PARTITION Q PARTITION GAJMV PORTION Of LOT S.•ECTION T •+ a! OONONAN COl ONT LAWN awn C:\Users\legistar\AppData\Local\Temp\BCL Tech no logies\easy PDF 8\@BCL@3COE4F9A\@BCL@3COE4F9A.docx Page 5 of 5 Case No. 0818-01 Joshua Kosarek: Ordinance rezoning property at or near 6001 Crosstown Expressway (State Highway 286) from "RS-6" Single-Family 6 District to the "ON" Neighborhood Office District WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Joshua Kosarek ("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, August 8, 2018, 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 of the "ON" Neighborhood Office District and on Tuesday, September 18, 2018, 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 Joshua Kosarek ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as being 12.809 acres out of a 38.94 acre tract Section 7, Lot 2, Bohemian Colony Lands, located on the west side of the Crosstown Expressway, south of Holly Road, and north of Saratoga Boulevard (State Highway 357) (the "Property"), from "RS-6" Single-Family 6 District to the "ON" Neighborhood Office District (Zoning Map No. 049037), as shown in Exhibits "A" and "B". Exhibit A, is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@3COE9133\@BCL@3COE9133.docx Page 2 of 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@3COE9133\@BCL@3COE9133.docx Page 3 of 5 Exhibit A MURIMAY BAtt,JR.,PJ3,R-P.LS 3054 5 ALAMaOA,It?72404 P N1xoR M. WBL7N, .66RA.L5- 361 182.3321—►Ax 361 682.1265 fYir enLversh.ro� s-mall:Muff RlirdonatCom t.Mall:o:�w•r aor.aum BASS & WELSH ENGINEERING 7X Registration, No. F-52 Survey Registration No, 100017.00 P.O.Dor 6197 Corpus Christi,TX 78466.6391 July 14,2018 Field Nob Descrilidan Tract"A" Being a tract situated in Corpus Christi,Nueces County,Texas,a ponbor,of that 38.94 ave tract described In the tart wig of Arno W.Behmanin,Cause No 26215-4 of the Prooate Records,Cotnty Clark sl Law,No. 4,and being more pallata^y described by metes and bounds as follows: BEGINNING at a TxDOT Brass disc set In tcncrae found for the northeast comer of the 38.04 acre trad,said point being also the southeast comer of be remainder pareen of Lot 1,Block 2,Catunbe Acres,as shown on the map thereof reco*ded In Volume 10 at Page 210 of the Map Records of Nueces Canty,Texas,said point lying In the west AaM-of-way line of Slate Highway 2013; THENCE S20'50'12'W alorg tha weal right-cf-way line of State Highway 266,a dsfance of 440,77 lost to a 5!8 Inch tron rod set for the southeast co'ner or anis trod; THENCE N81*53'20'W o distance of 1280.80 feet to a 518 Inch iron rod sal for the sout rwast corner soar this VaCt SM poNd tying In the east boundary of a 0 488 acre tract do6celad for street rightof-way,as doscrbed In D11c1m1ent No.2011110114152.of the Official Pc.Ocrc Records of Nueces County,Texas: THENCE N28'38'63'E along the east boundary of sold 0.488 acre tract of 35122 fee!pees the r<niheast coma of lho 0.488 acre tract and the socthewt comer of a 25 toot by 80 fool tract that was saved-and- exuptod from the 38.64 acre tract to a 112 Inch Ion rod four#for the"o.Vwmat comer of this tract,Mid po+M being the southwest carne+of Lot 12.Block 2 of the heretofore referenced Cabaniss Acres Nor Via rlorYtwest comer of this tract, THENCE 681.61'45E along the north bounds-y W to 38,r64 acres and the south boundary of Block 2 Cabsniss Acres a distance of 1270 28 feet to the POINT OF BEGINNING fonring a tact embradng 12.800 acres. .. .. SASS,. �.. 2t�9 'y� IA rcsy Base,Ir.,R.P.L.S. Note:Bei orasahnp a GWA or Terea,Lsr t l Gid S:xah Zoon,NAC•a2r wai'sab 03061-tieW Nolow"f aNLCLC EXHIBIT "Aa' Pepe'or t Page 1 of. 4 C:\Users\legistar\AppData\Local\Temp\BCL Tech no logies\easy PDF 8\@BCL@3COE9133\@BCL@3COE9133.docx Page 4 of 5 Exhibit B If K. I CROMO MJ QPWT III lip , Y M PARTITION SJAV" �,�• PORTION OF LOT R ACTION 7 o S J soR �AN coLo«r LANo� oo.u.aw.n rwu y_ ==i— C:\Users\legistar\AppData\Local\Temp\BCL Tech no logies\easy PDF 8\@BCL@3COE9133\@BCL@3COE9133.docx Page 5 of 5 PLANNING COMMISSION FINAL REPORT Case No. 0818-01 INFOR No. 18ZN1017 Planning Commission Hearin Date: August 8, 2018 Owner: Joshua Kosarek = Applicant: Orthopedic Associates of Corpus Christi, PA aM Location Address: 6001 Crosstown Expressway (State Highway 286) Legal Description: Being 12.809 acres out of a 38.94 acre tract Section 7, Lot Q2, Bohemian Colony Lands, located on the west side of the Crosstown o Expressway, south of Holly Road, and north of Saratoga Boulevard (State Highway 357). From: "RS-6" Single-Family 6 District ._ = To: "CN-1" Neighborhood Commercial District io Area: 12.809 acres Purpose of Request: To allow for the construction of a medical office building. Existing Zoning District Existing Land Future Land Use Site "RS-6" Single-Family 6 Vacant Medium Density = Residential ca a� Low and Medium and High •o ? North "RS-6" Single-Family 6 Medium Density Density Residential 0 Residential = Medium Density South "RS-6" Single-Family 6 Vacant N Residential LU East "IL" Light Industrial Public/Semi- Public Light Industrial West "RS-6" Single-Family 6 Public/Semi- Medium Density Public Residential Area Development Plan: The subject property is located within the boundaries W of the Westside Area Development Plan and is planned for commercial uses. M o The proposed rezoning to the "CN-1" Neighborhood Commercial District is generally consistent with the adopted Comprehensive Plan (Plan CC) and a o warrants an amendment to the Future Land Use Map. Q Map No.: 049037 Zoning Violations: None = Transportation and Circulation: The subject property has approximately 440 ° feet of street frontage along the Crosstown Expressway (State Highway 286) which is designated as an "F1" Freeway/Expressway and has approximately ° 440 feet of street frontage along Martin Street which is designated as a "Cl" CL N Minor Collector Street. According to the Urban Transportation Plan, "Cl" Minor L Collector Streets can convey a capacity between 1,000 to 3,000 Average Daily Trips (ADT). Staff Report Page 2 Urban Proposed Existing Traffic Street Transportation Plan Section Section Volume Type South Padre "F1" Freeway/ 400' ROW 405' ROW Island DriveN/A Expressway Varies paved 288' paved SH 358 N60' ROW 60' ROW Martin Street "Cl"Minor Collector N/A 40' paved 40' paved Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District to allow for the construction of a medical office building. Development Plan: The subject property is 12.809 acres in size. The owner is proposing the construction of a medical office building. South Texas Bone & Joint plans to continue a 40+ year commitment to advanced, subspecialty surgical care by expanding to the property located along the Crosstown Extension between Holly Road and Saratoga Boulevard. Development plans include an 80,000 square foot, 3-story medical office building bordered by a 24-hour Emergency Room The property will house South Texas Bone & Joint which will provide sub-specialty orthopedic physical therapy, rehabilitation, and diagnostic imaging and musculoskeletal ultrasound care represented by nine surgeons, two primary care sports medicine physicians, seven mid-level physician assistants, and orthopedic nurse practitioners. The practice has nearly one- hundred support staff members. Included in the building will be a full service state-of- the-art outpatient surgery center with advanced robotic and digital technologies. The hours of operation will be 8:00 a.m. to 5:00 p.m. Monday through Friday, with late evening and lunch-hour appointments available on select days as well as Saturday morning options. Existing Land Uses & Zoning: The subject property is currently zoned "RS-6" Single- Family 6 District, consists of vacant land, and has remained undeveloped since annexation in 1962. To the north and south along the Crosstown Expressway (State Highway 286) vacant tracts to the south or older single-family residences (Cabaniss Acres, 1946) to the north zoned "RS-6" Single-Family 6 District. To the east and across Martin Street are vacant properties zoned "RS-4.5" Single-Family 4.5 District and the new Los Encinos Elementary School. To the west and across the Crosstown Expressway are vacant properties zoned "IL" Light Industrial District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. Staff Report Page 3 PlanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for commercial uses. The proposed rezoning to the "CN-1" Neighborhood Commercial District is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. The following policies should be considered: • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Support the separation of high-volume traffic from residential areas or other noise-sensitive land uses (Future Land Use, Zoning, and Urban Design Policy Statement 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). • Promote interconnected neighborhoods with appropriate transitions between lower-intensity and higher-intensity land uses. (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). • Promote medium density activities, such as apartments or office uses around commercial centers of high density, and the remaining area by low density use such as single-family dwellings. (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). • The "B-1" Neighborhood Commercial ("CN-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 generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. • The proposed rezoning is compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood in regards to noise. • The rezoning would encourage future commercial development of vacant lands to the south and further develop the extension of Martin Street to the rear of the properties. Staff Report Page 4 • The limited hours of operation of 8:00 a.m. to 5:00 p.m. would reduce any potential negative impacts from occurring. • While the "CN-1" District does not allow more intense commercial uses such as Mini- Storage, Bars, and Night Clubs. However, the "CN-1" District has no restriction on the size of restaurant uses or retail development. • Staff has concluded that the adjacent neighborhood would be better protected by the "ON" Neighborhood Office District versus the "CN-1" Neighborhood Commercial District. • The "ON" District would act as a buffer between future development of the medical campus to the south and the remaining single-family residences. The "ON" District has increased side setback requirement of 20-feet vs. 10-feet as required by the "CN-1" District. The "ON" District also allows a height of 45 feet, however, the 2:1 setback protection as per section 4.2.8 of the UDC is still applicable. • The "ON" District allows some limited retail/restaurants uses but they must be clearly secondary and accessory to the primary use of the medical office building. • Additionally, a Type B buffer yard will be required for the northern property line adjacent to the Cabaniss Acres Subdivision and on the southern property line where the remainder tracts are zoned "RS-6" District. A Type B buffer yard consists of a 10-foot wide buffer and at least 10 points. Planning Commission and Staff Recommendation (August 8, 2018): 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 "ON" Neighborhood Office District. Vote Results: For: 8 Opposed: 0 Absent: 1 Abstained: 0 Number of Notices Mailed — 10 within 200-foot notification area = 5 outside notification area 0 As of August 3, 2018: In Favor — 1 inside notification area o — 0 outside notification area Z In Opposition — 0 inside notification area — 0 outside notification area a Totaling 0.00% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2018\0818-01 Joshua Kosarek\Council Documents=Report_0818-01 Joshua Kosarek.docx Staff Report Page 5 �r RS-r �s Q s � ly As ri 16 1 2 12 ra fo Rm-} a 22 RS-a.5 r7 i8 5 N /SUBJECT - 22 PRO ERTY/ 13 Q� 0 k � �C. fL m6 C— d a7 WMI pp rvn 0 By: nrr dot' 8 Feer fA rari]evelopnw.Rrsarvwss CASE. 0818-01 ZONING & NOTICE AREA Ra-, Ydranlp1 IL ugtlnm iul �{^ Ra-s xvMr.nlcs w xrrvY Mnv[mr a Rll-E NrdFanlry a ruo Funn•o Uel mv.aveNeY aN Rmb[conal a[RP• Rf-,• >MOrsFxm iy 10 M1-Ai x�aYaml}r AT Ri-0 awrMFaIFY B CII-1 Ne�M1bbrMotl Comma mxl Ri-0b>brlFFai�4.E d1-3 N•YJM1Gb�Motl Camma mYl RiTF Tela-Hn� CR-, R•wN Commaml•3 Ra-1a NnplsFa��1G cR-P R•[aA cammamxl en4ie dr• Co.1 9,n•rr Comrne rc,r RS Tx TVYN RRRIN� W-Y V•n•Yr Comrne rcdr fF 6PePir hrmF a d rl.nawaomme[w.l Ru Fll— .AV•Mcb Pak !� d SUBJEC ceo c•wnlowa commeml•i ; 1'RO Y FAIR Manuleol u�etl Han• dR-a MwA Commem]•1 RY Fa ml Rv�al x N[lorba wrlp �� /�V MBPP MUR�� �hi4�ty /�V �{Tyry`�' ..xr1 1.�cf 4anvs M2 .0 ktln v Oren LOCA ION M4 L'0."v'tl onicr95W 9!h /,h[�nilTFl Staff Report Page 6 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 limen la intention de asistir a ester julta V qua requieren servicios especiales, se les suplica que den aviso 48 horas antes oe la junta Ilarnando al departamento do serviaos de desarrollo.at numoro(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. Sr usted desea dirigirse a la commission durance la iunta v su ftlds es lirrwtado, favor de Ilamar al departamento de servicios de de5arrollo al numero(361)826-3240 al mens 48 horas antes de la junta para soliatar un interprete ser presente durance la junta. CITY PLANNING COMMISSION PUBLIC NEARING NOTICE Rezoning Case No. 0818-01 Joshua Kosarek has petitioned the City of Carpus Christi to consider a change of zoning frorn the"RS-6" Single-Family 6 District to the"CN-1"Neighborhood Commercial District.resulting in a change to the Future Land Use Map.The property to be rezoned is described as: 6001 Crosstown Expressway(State Highway 286) and being 12.809 acres out of a 38.94 acre tract Section 7, Lot 2, Boherrian Colony Lands, located on the west side of the Crosstown Expressway, south of Holly Raad, and north of Saratoga Boulevard(State Highway 357). The Planning Commission may recommend to City Council approval or donial,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,August 8,2018,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 Clearing 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 5FRVICES 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 parson, by telephone call or by letter.. I Q Printed Name: �;t-� Addre 1 l I O City/State �a V` ' ( IN FAVOR ) IN OPPOSITION Phone:3bi — `O —2--b 0 0 REASON: N,/ 1 04 Signature SFE,WAP ON REVERSE SIDE Case No.0818-01 INFOR Case No:187NI017 Project Manager Andrew Dimas Properly Owner ID:0 Email andTewd2acc:texas.com Zoning Case #0818-01 Joshua Kosarek Rezoning for a Property at 6001 Crosstown Expressway (SH 286) City Council Presentation September 18, 2018 �O�pu9 CyR� i r J y l85 ,fir , �Q) -`• `. S., - ' �Na ti Aerial Overview L psi,-✓ 1 �� � #: no Hca .`'�•. °:,E Yt Subject Property at 6001 Crosstown Expressway Fs ItS .�,� LrIrS.:ArL7r311 L! � 4 .t- Vicinity h(ap. g � : ��Sbr.;k fapa d ,F�ntr ib to , orz n " ,,,y 'CCEsfrve C'mmare Sh Alk. aou zoap.. Lire e�CC BY-SC) 3 a Zoning Pattern FIN4 ��CI 19773 losi 1@03Qat e� _ s 10@2 Q obloss OL 4 Planning Commission and Staff Recommendation Denial of the "CN-1 " Neighborhood Commercial District in lieu thereof Approval of the "ON" Neighborhood Office District GO F v N�PnRP11 AGENDA MEMORANDUM 1852 Public Hearing and First Reading for the City Council Meeting of September 18, 2018 Second Reading for the City Council Meeting of September 25, 2018 DATE: August 23, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Rezoning property at or near 4441 South Alameda Street CAPTION: Case No. 0818-02 Texas Star Investments, Inc: Ordinance rezoning property at or near 4441 South Alameda Street from "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District. (3/4 Vote Required) PURPOSE: The purpose of this item is to allow for the construction of an automated car wash. RECOMMENDATION: PlanningCommission and Staff Recommendation (August 8, 2018)and Staff Recommendation (August 8, 2018): Denial of the change of zoning from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District, in lieu thereof, approval of the "CN-1/SP" Neighborhood Commercial District with a Special Permit (SP) with conditions. Vote Results: For: 8 Opposed: 0 Absent: 1 Abstained: 0 ALTERNATIVES: 1. Deny the request. 2. Approval of the "CG-2" District. (3/4 Vote Required) OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for low density residential uses. The proposed rezoning to the "CG-2" General Commercial District is inconsistent with the adopted Comprehensive Plan (Plan CC) in relation to the proposed use. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (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 Case No. 0818-02 Texas Star Investments, Inc.: Ordinance rezoning property at or near 4441 South Alameda Street from "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Texas Star Investments, 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, August 8, 2018, during a meeting of the Planning Commission. The Planning Commission recommended denial of the change of zoning from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District, in lieu thereof, approval of the "CN-1/SP" Neighborhood Commercial District with a Special Permit (SP) with conditions and on Tuesday, September 18, 2018, 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 Texas Star Investments, 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 Lot 1 B, Block 1, Windsor Park, located on the south side of South Alameda Street, east of Everhart Road, and west of Airline Road (the "Property"), from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District (Zoning Map No. 042038), as shown in 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. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@340EB103\@BCL@340EB103.docx Page 2 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@340EB103\@BCL@340EB103.docx Page 3 of 4 CG-2 RM- CG-2 R15l-3 ry SUBJECT PROPERTY 2 i} 1 0 4 � 18 9 fl ro rs y 6 r2 co S{ r� rs r`� a s 14 3 Q� 47 -Y � fl mN�clea�:.�rzaaals pR ,rRu}6 17:H oa $OF'PP C ❑p fNCpfr6l C9f�Yd11pJxRr9hCS9fVfc9d CASE: 0818-02 ZONING & NOTICE AREA Fad-I M.a..rawly I IL Llgjltl.d.flaal `. PoA-E Mu^Yarnly2 G Neairy imm�[Mtl RM-b Mum Ymmiyb "D Aon nemumi Oexpn-4} pgl 4roftr FFbntl offbo- R4-1e a4pla-iamb l4 WA-AT NpAliunly AT R3-0 pnplo-Fambe "b FRIn Negnaornoam comnerca.f RS4.E�plo-Famb 4-d 5!/ ECT col-s NtrgF6orinae ComntrrolFl R3-TF iVno-Farn$ OFiNTY qR-1 Re roH C©mmere4l R3-16 SMpY}Famb 1# Sm-g RewH Commere4l y� Rtr FoiewllFl E[iaitr Fm-� Oantrrtl Comntrrsltl ftl TH ibwl aeauee `tg, W-2 otrntrrN oommtrrmltl �n #eeotel Permp fi mbnravncenn.rme.! fSW fbaeatlpnal ven c P Bart SS9 oowngcwa Fommtrrc4l MH NarrupaoYuretl Home [ iXt-t RewH cernmere4l TR Fa lm Rprtl H N1[IorbO�e Am 6P qua Mtr[FFSA. LL . FAAV .tt�_xr}.R• M 0.a• �. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@340EB103\@BCL@340EB103.docx Page 4 of 4 Case No. 0818-02 Texas Star Investments, Inc.: Ordinance rezoning property at or near 4441 South Alameda Street from "CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Texas Star Investments, 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, August 8, 2018, during a meeting of the Planning Commission. The Planning Commission recommended denial of the change of zoning from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District, in lieu thereof, approval of the "CN-1/SP" Neighborhood Commercial District with a Special Permit (SP) with conditions and on Tuesday, September 18, 2018, 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 Texas Star Investments, 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 Lot 1 B, Block 1, Windsor Park, located on the south side of South Alameda Street, east of Everhart Road, and west of Airline Road (the "Property"), from the "CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit (SP) with conditions (Zoning Map No. 042038), as shown in 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 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 is "Car Wash, automated" as defined by the Unified Development Code (UDC). 2. Setback/Screening: A setback at a minimum of 10 feet shall be maintained from the rear property line. A 6-foot solid screening fence shall be built along the rear property line. 3. Hours of Operation: The hours of operation shall only be permitted daily from 8:00 AM to 8:00 PM. 4. Dumpster Screening: Any dumpster located on the Property shall be effectively screened from view by means of a screening fence or landscaping. 5. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line near all public roadways and residential development. 6. Noise: Must not exceed sixty (60) dB at the property line where adjacent to residential properties. 7. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 8. 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 6. Publication shall be made in the City's official publication as required by the City's Charter. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@5COE44CC\@BCL@5COE44CC.docx Page 2 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@5COE44CC\@BCL@5COE44CC.docx Page 3 of 4 CG-2 RM- CG-2 R15l-3 ry SUBJECT PROPERTY 2 i} 1 0 4 � 18 9 fl ro rs y 6 r2 co S{ r� rs r`� a s 14 3 Q� 47 -Y � fl mN�clea�:.�rzaaals pR ,rRu}6 17:H oa $OF'PP C ❑p fNCpfr6l C9f�Yd11pJxRr9hCS9fVfc9d CASE: 0818-02 ZONING & NOTICE AREA Fad-I M.a..rawly I IL Llgjltl.d.flaal `. 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C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@5COE44CC\@BCL@5COE44CC.docx Page 4 of 4 PLANNING COMMISSION FINAL REPORT Case No. 0818-02 INFOR No. 18ZN1018 Planning Commission Hearin Date: August 8, 2018 = Owner: Texas Star Investments, Inc. m M � Applicant: Todd Morgan (CARisma Car Wash) Location Address: 4441 South Alameda Street Qm Legal Description: Lot 1B, Block 1, Windsor Park, located on the south side of o South Alameda Street, east of Everhart Road, and west of Airline Road. From: "CN-1" Neighborhood Commercial District _ To: "CG-2" General Commercial District io Area: 0.52 acres Purpose of Request: To allow for the construction of an automated car wash. Existing Zoning District Existing Land Use Future Land Use Site "CN-1" Neighborhood Commercial Commercial Commercial = Medium Density High Density North "RM-3" Multifamily 3 Residential Residential N "CN-1" Neighborhood cSouth Commercial Public/Semi-Public Government "CN-1" Neighborhood w East Commercial Public/Semi-Public Government West "CN-1" Neighborhood Commercial Commercial Commercial Area Development Plan: The subject property is located within the boundaries 06 of the Midtown Area Development Plan (ADP), formerly known as the CL r_ Southeast Area Development Plan (ADP) and is planned for commercial uses. M ° The proposed rezoning to the "CG-2" General Commercial District is a o inconsistent with the adopted Comprehensive Plan (Plan CC) in relation to the aproposed use. Map No.: 042038 Zoning Violations: None ° Transportation and Circulation: The subject property has approximately 182 feet of street frontage along South Alameda Street which is designated as an L ° "A2" Secondary Arterial Street. According to the Urban Transportation Plan, a N "A2" Secondary Arterial Divided Streets can convey a capacity between 20,000 to 32,000 Average Daily Trips (ADT). Staff Report Page 2 Urban Proposed Existing Traffic Street Transportation Section Section Volume Plan Type }' South "A2" Secondary 100' ROW 105' ROW 15,572 ADT Alameda Street Arterial Street 54' paved 65' paved (2014) Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District to allow for the construction of an automated car wash. Development Plan: The subject property is 0.64 acres in size. The owner is proposing the construction of a 2,400 square foot automated car wash. The automated car wash will have between 3 and 5 employees. The hours of operation will be from 8 am to 8 pm. Existing Land Uses & Zoning: The subject property is currently zoned "CN-1" Neighborhood Commercial District and was formerly Gill's Nursery. The subject property is zoned "CN-1" Neighborhood Commercial District, annexed in 1941, and is platted. To the north, across South Alameda Street is a multifamily apartment complex (Alameda Apartments) zoned "RM-3" Multifamily 3 District. Additionally, to the northwest there are other commercial properties along South Alameda Street zoned "CN-1" Neighborhood Commercial District (Restaurants) or "CG-2" General Commercial District (H-E-B). To the south is a mostly vacant 60-foot wide lot with a telecommunication antenna. South of this property is a single-family residential subdivision (Windsor Park Subdivision) zoned "RS-6" Single-Family 6 District. To the east and west are commercial properties zoned "CN-1" Neighborhood Commercial District and consist of a restaurant, insurance office, and a hospice center medical office. 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. PlanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "CG-2" General Commercial District is inconsistent with the adopted Comprehensive Plan (Plan CC) in relation to the proposed use. The following policies should be considered: • 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) Staff Report Page 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) • Lighting from non-residential uses should be directed away from residential areas (Southeast ADP, Policy Statement B.2) • Noise impacts from non-residential uses should be reduced by creating a buffer open space between the two areas. Such spaces may be landscaped areas, a street, a screening fence, larger setbacks, etc. These methods can be used singularly but are usually most effective when applied in combination to provide the desired effect. (Southeast ADP, Policy Statement B.2) • Placing low intensity activities next to single family uses. (Southeast ADP, Policy Statement B.2) Department Comments: • The proposed rezoning is inconsistent with the adopted Comprehensive Plan (Plan CC) in relation to the proposed use • The proposed rezoning is partially compatible with neighboring properties and with the general character of the surrounding area. This rezoning may have a negative impact upon the surrounding neighborhood in regards to noise. • Existing commercial properties to the south, east and west are zoned "CN-1" Neighborhood Commercial District. • A 60-foot wide commercial property to the south with a telecommunication antenna will act as a buffer between the subject property and the single-family residential subdivision (Winsor Park). • The "CG-2" District opens the possibility of more intense commercial uses such as Mini-Storage, Bars, and Night Clubs adjacent to single-family residences. • An automated car wash with a single wash bay is a low impact commercial use. The limited hours of operation of 8 a.m. to 8 p.m. would reduce any potential negative impacts from occurring. • As in previous car wash projects a question of noise has arisen. This proposed automated car wash will have vacuums. However, the latest trends in car vacuums is typically a single underground unit that has multiple access points to parking stall stations for use versus the traditional individual vacuum unit at each use area. • If the "CG-2" General Commercial District is approved, the proposed development will still need to abide by all requirements of the Unified Development Code (UDC). Planning Commission and Staff Recommendation (August 8, 2018): Denial of the change of zoning from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District, in lieu thereof, approval of the "CN-1/SP" Neighborhood Commercial District with a Special Permit (SP) with the following conditions. 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is "Car Wash, automated" as defined by the Unified Development Code (UDC). Staff Report Page 4 2. Setback/Screening: A setback at a minimum of 10 feet shall be maintained from the rear property line. A 6-foot solid screening fence shall be built along the rear property line. 3. Hours of Operation: The hours of operation shall be daily from 8:00 AM to 8:00 PM. 4. Dumpster Screening: Any dumpster located on the Property shall be effectively screened from view by means of a screening fence or landscaping. 5. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line near all public roadways and residential development. 6. Noise: Must not exceed sixty (60) dB at the property line where adjacent to residential properties. 7. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 8. 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. Vote Results: For: 8 Opposed: 0 Absent: 1 Abstained: 0 Number of Notices Mailed — 19 within 200-foot notification area = 5 outside notification area 0 As of August 3, 2018: In Favor — 1 inside notification area o — 0 outside notification area z In Opposition — 5 inside notification area a — 0 outside notification area Totaling 13.57% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) Staff Report Page 5 B. Preliminary Site Plan C. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2018\0818-02 Texas Star Investments,Inc\Council Documents=Report_0818-02 Texas Star Investments,Inc.docx Staff Report Page 6 CG-2 Rm- CG-2 RM-3 ro 4114, SUBJECT PROPERTY 4 0 4 �J H Q f0 i6 � ZFr 6 12 CD 5th ra rs 0 a ra _3 s-c i Q� PO SOL" ce�.aroren:ar oeva�Dprnen,SCR^,t CASE: 0818-02 ZONING & NOTICE AREA f RM-1 Runvanirpt IL l9gIt ntiui YlY :F FAI-g Nual'aT1yY N 14-r lndacWY iM-1 NwAFama�r E FUDlo- F ..d DY9 D.O—Mr �X Fre leir.bnY Dniom R3-10 �rGimFanb lO 31n ' AA1-Ai MLisr AT R36 pFam■}! cri-1 awlnAIlr—b nlb aaroa a;o..�.ru.l Ri�.s Hind ECT r-Fam�4d c� 5L+ M2 wldnnorlwda D&sine rcYl R3-rF Two-FmrnW _ ©PRTY M-1 Ra MCmmmare4l R3-15 Mg.—k 1. CR-gRm wA Cemnnro4l RE ReaidenWEMA* CD-1 DanmFYCansnm Mm Rf TH TO'Mnnome Po; C6-Y DeRerY CnnnardY �. ipeM De'T el 46n Mva Cmsinerc4l � I�creat7Dnai venZB Park CBD Dawnlmwn Connere4l pls Menulaoiuretl Horne M., ft—1 Cennerc4l Fit Fa.—R—Y M —4—Dv MC Bp Bu cinmcc Pas. A . �M FI-21 ===4 O rd 4 n.==-hnm� =— X ,„ne, ZDCATIdAf Ad4� w'm•tl"p Sih.�e Fe'pmi'�n Staff Report Page 7 ,p 125-00' _- 0 1':i0 li II � I ■ l i l I I I I i I I I pm di caul o aol I I rn o o o° g � I IIII � 3 I III I Tl� I I I I �-- T I I I I I I I I I I I T 130'-0" r III � � III T Ir I I I I I I I I I I 30'-0" --- ------ --- -I-----� 125.00' Staff Report Page 8 Persons will isabilities 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. cue lienen la intenci6n de asistir a esta iunta y we rewieren servicios esoegales,se les suclica clue den aviso 48 horas antes de la iunta Ilamando al departamento de servicios de desarrolto,al r0mero(361)826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at(361)826-3240 at least 48 hours in advance to request an interpreter be present during the meeting, Si listed d_ es6ra die a la Commission durante la ''junta Y su indAs es liriitado, favor de liam,7--o deoartamento de serv' 'os de desarrollo ai nstmero_1361)826-3240 al menos 48 horas antes de la Junta Gara solir i tar un int6rprete ser presente durantela'un,a CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0818-02 Texas Star Investments, Inc.has petitioned the City of Corpus Christi to consider a change of zoning 'rom the'CN-1" Neighborhood Commercial District to the "CG-2"General Commercial District, not resulting in a change to the Future Land Use Map.The property to be rezoned is described as. 4441 South Alameda Street and Lot 1B, Block 1, Windsor Park, located on the south side of South Alameda Street, east of Everhart Road, and west of Airline Road. The Pianning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification andlor 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,August 8,2018,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 OW NER(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 talephom call or by letter. Printed Name:�e Address: Y-01/ 1n1F 5 Le Y Cly/State: ' ✓ cgwirT 1�G1�f'-.� tom. ( ) IN FAVOR (.,TK OPPOSITION Phone: 3L/ 9Yxl y��p REASON: LI"i t4//iR /�i` STy�cJ vp /fly }end �.-,7 Signatu SEE MAP ON REVERSE SIDE Case No,0818-02 INFOR Case No.:187-N1018 Project Manager:Andrew Dimas Property Owner ID.5 Email-andrewd2@cclexas corn Staff Report Page 9 Persons wrlh disabilkies planning( attend this meeting,who may require spl I services, are requested to conimit the Development Services Department at least 48 hours in advance at(361)820-3240.Personas cqn incepi001deka. Sure tiener la_intencion de asistir a_Uta iunta v clue reguierertserv,cios eso?isles_ se Ie5 512ca clue den aviso 48 horas antes de la junta Ilamando al depanamento de servicios de desarrollo,at humero(361)826.3244. 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 fours in advance to request an interpreter be present during the meeting. Si usted desea dirroirse a la commission durance la 1unta v su inches es limilado_ favor do hamar a1 departamento de servicios de desarrollo al numero(361)826-3240 at menos 48)oras antes de(a junta para sol char un lrriArorete ser presents durante Ia lunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0818-02 Texas Star Investments, Inc.has petitioned the City of Corpus Christi to consider a change of zoning from the "CN-1" Neighborhood Commercial District to the"CG-2"General Commercial District, not resulting in a change to the Future Land Use Map.The property to be rezoned is described as: 4441 South Alameda Street and Lot 1B, Block 1,Windsor Park, located on the south side of South Alameda Street, east of Everhart Road, and west of Airline Road. 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 Pian 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,August 8,2018,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. TUBE ON R— ORD,TMIST BLED S BY THE CURRENT PROPERTY OWNERf 5)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 iy.Laws,norNscuss On sha�Ftie-hold—by a member or members o this Commission with an applicant or appellant concerning an application or appeal,ekher at home or office,or In person, by telephone call or by kticr. Printed Name: - Address: I L I r G II 4J City/State: / r,� IN FAVOR ( }IN OPPOSITION Phone: 70 72% �aj 2 REASON: Signature SEE MAP ON REVERSE SIDE Case No 0818-02 INFOR Case No.:18ZN1018 Project Manager:Andrew Dimas Property Owner ID:13 Emall.andrewrd2Qcctexas com Staff Report Page 10 Persons with disabilities planning to attend this meeting.who may require special services,:ire requested to cortact the Development Services Department at least 48 hours in advance at(361)826-3240 Personas con incapacidades, qJe tienen la intengign de psJ$Iir a esta juntay sue re•-uieren serviaos esoecinJes se les su9lica sue den aviso 48 horas antes de la junta Mamando al departamento de servicios de desarro0o,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. 51ysted desea d ngirse a la commission duranle la iunta v su ingles es limitado. favor de Ilamer al deRElamen1g de servicios de desarrollo al numero(361)826-3240 at menos 48 horas antes de la junta para solicitar on inl$rorete ser presente durante la lunla. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0818-02 Texas Star Investments, Inc.has petitioned the City of Corpus Christi to consider a change of zoning from the-CN-1"Neighborhood Commercial District to the"CG-2"General Commercial District, not resulting in a change to the Future Land Use Map.The property to be rezoned is described as: 4441 South Alameda Street and Lot 1B, Block 1, Windsor Park, located on the south side of South Alameda Street,east of Everhart Road,and west of Airline Road. T he 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 Cily'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,August 8,2018,during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Councjl 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 PKOPERTY OWNERS)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT,P. O. BOX 9277, CORPUS CHRISTI,TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By-Laws,no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or In person, by telephone call or by letter. Printed Name: Address: Yy�0 Gr��</h�i City/State:� K�r` -�i,' ( ) IN FAVOR ( 1114N OPPOSITION Phone: REASON: le- /`7 C 11&-%)o g 0 r.( o `��/ 0— �l rf�rl rf�l4 . 177 A y G E /� elol�ji�,q ..�1 �1,aT.t. ��>S�ii� �co r'y S/v� C'an,.�fi ��o✓�-i �il �5 �a f;`7 Signature SEE MAP ON REVERSE SIDE Case No.0818-02 INFOR Case No.:18ZN1018 Project-Manager.Andrew Dimas Property Owner ID+7 Email andrewd2@cctexas.com Staff Report Page 11 Persons with disabilities planning to attend this meeting,who may require special services,are requested to oontact the Development Services Department at least 48 hours in advance at(361)8263240 Personas con incaoaWades. gue tienen la intencrvn de asistir a esta junta y qVV r_Vquierryn servicios esppc,ales, se les suolica due den aviso 48 horas antes de la iunta Ilamando al dlepartamento de�5ervicros de desarrollo,at 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 usled desea diricirse a la eommisslor durance la iunta v so Inoies es hm tado, favor de Hamar at deaartemento de semcios_dedesarrollo at numero 1361)826-3240 at meso_s 48 horas antes de la junta Dara solicitar un"6rprete ser presence duranle la junta. i CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0818-02 Texas Star Investments, Inc. has petitioned the C ty of Corpus Christi to consider a change of zoning from the"CN-1"Nelahlo9rhood Commercial District to the"CG-2"General Commercial District, not resulting in a change to the Future Land Use Map.The property to be rezoned is described as: 4441 South Alameda Street and Lot 1B, Block 1, Windsor Park, located on the south side of South Alameda Street,east of Everhart Road,and west of Airline Road. 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,August 8,2018,during one of the Planning Commission's regular meetings, which begins at 5:30 a.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 OWNERS)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT,P. O.BOX 9277, CORPUS CHRISTI,TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD, NOTE: In accordance with the Planning Commission By-laws, no discussion shall be hold by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or In person, by telephone call or by letter. 1 Printed Name:R'4�►Ct� �e�syr, l�l t xr� �4-et eh, Address: City/State- Ch ,I r- I -!I- ( ) IN FAVOR (UIN OPPOSITION Phone: .>U S Ll REASON: -W-A �,DOv5-P--. Willy &LJ Signature SEE MAP ON REVERSE SIDE Case No,0818-02 INFOR Case No: 18ZN1018 Project Manager:Andrew Dimas Property Owner ID 10 Email andrevrd2@cctexas.com Staff Report Page 12 Persons with disabilities planning to attend this meeting,who may require specW services,are requested to contact the Development Services Department at least 48 hours In advance at(361)826.3240. Personas oon Incaoacidades, aue tienr3n la intention de asistir a esta junta v aue reauleren servic"esoeciales.se les sutalica aue den av*o 48 horas antes de la wnta Ilamando all 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 dgsea dirigirse a la commission durance la iurta v su inoles es limitado favor de Ilamar al tiepartemenlo doservicios de desarrollo at numero(361)826-3240 al menos 48 horas antes de la junta para soliciler un lntbrlxete ser oresente durante la Junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0818-02 Texas Star Investments, Inc.has petitioned the City of Corpus Christi to consider a change of zoning from the"CN-1"Neighborhood Commercial District to the"CG-2"General Commercial District, not resulting in a change to the Future Land Use Map.The property to be rezoned is described as: 4441 South Alameda Street and Lot 1B, Block 1, Windsor Park, located on the south side of South Alameda Street, east of Everhart Road,and west of Airline Road. The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification andlor 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,August 8,2018,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 OWNERS)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 Plann-69 Comnhission 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: all,l i/ 5"Iy4*/VO Address: S, AZ-4wW.4 Sz- Cdy/State: ( ) IN FAVOR I IN OPPOSITION Phone:—IV —.2377 REASON '� W!t`ld� 6r-�r /aort o� C' miGrrr h /r . nal re SEE MAP ON REVERSE SLOE Case No.0818-02 INFOR Case No-: 18ZNIOIB Project Manager:Andrew Dimas Property Ovmer 10:11 Email:andrewd2@cclezas.com Staff Report Page 13 Persons with disabilities planning to attend this meeting, who may require sl l services,are reqLestec to contact the Development Services Department at least 48 hours in advance at(361)826.3240.Personas con incapacidades, clue bonen la intention de aststir a esta junta v sue reauieren servims esoeciales,se les suplica pue den aviso 48 hhoras antes de la junta tlamando at deparlamento de servicios de desarrollo.at nbrtxero(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)828.3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durance la juntay su inat6s es limitado. favor de hamar al depanamenlo de servicios de desarrollo al numero(361) 8263240 at menos 46 horas antesde la wrilla vara solicitr un inlbrorete ser oresente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0818-02 Texas Star Investments.Inc. has peri,oned the City of Corpus Christi to consider a change of zoning from the"CN-1"Neighborhood Commercial District to the"CG-2"General Commercial District,not resulting in a change to the Future Land Use Mao.The property to be rezoned is described as: 4441 South Alameda Street and Lot 1B, Block 1, Windsor Park, located on the south side of South Alameda Street,east of Everhart Road,and west of Airline Road. The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification ardlor Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan,will also have t-e effect o`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,August 8.2018,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. 0 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 784M 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By-Laws,no discussion shall be held by o member or members of Ills Commission with an applicent or sppeMent concerning an app;lcation or appeal,either at home or office,or in person, by telephone call or by latter. Printed Name: � r— Addmss-. -t. Je. City/State: .,4a v C- 1���. c �' { ) IN FAVOR („}fKt OPPOSITION Phone:_., REASON: fGda�i, A- Cra.c-Gc1,o sA 1t .17 Siynatur SEE MAP ON REVERSE SIDE Case No.0818-02 INFOR Case No.:18ZN1018 Project 6lanager:Andrew Dimas Property Owner ID:1 Email andrewd20cclexas corn Zoning Case #0818-02 Texas Star Investments, Inc. Rezoning for a Property at 4441 South Alameda Street City Council Presentation September 18, 2018 opus ti - �� 4th � ••� . Aerial Overview 17 Jp r � as lip . e . �`� p���F JFK '.�' ,' "�• •r� - . -• � � ' s' �11 �� op�R�T •� O i ' Subject Property at - 4441 South Alameda Street 41, It �i.y • �. �r � � n k r N <pN 3A �^ � wap �• Y ti r a; ichity Map . r �..� ,., ,,tt{{� � � nye °'•� ''*� e' m tributm, •;-:9 fP ^71r. J } ,•+ ,1 i• _F _ rea tFue Cvr rG Share Al Re lice a(C¢�v-SA)� - 3 Zoning Pattern Ir �7 �LIVII�LI CO-12 4F IOU RH-S V IBM lam �a X1050 4 Planning Commission and Staff Recommendation Denial of the "CG-2" General Commercial District in lieu thereof Approval of the "CN-1 /SP" Neighborhood Commercial District with a Special Permit (SP). IV-I'll r Special Permit Conditions 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is "Car Wash, automated" as defined by the Unified Development Code (UDC). All vehicle service and repairs must be done within an enclosed building and must follow all federal, state, local regulations. 2. Setback/Screening: A setback at a minimum of 10 feet shall be maintained from the rear property line. A 6-foot solid screening fence shall be built along the rear property line. 3. Hours of Operation: The hours of operation shall be daily from 8:00 AM to 8:00 PM. 4. Dumpster Screening: Any dumpster located on the Property shall be effectively screened from view by means of a screening fence or landscaping. Special Permit Conditions Ir 5. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line near all public roadways and residential development. 6. Noise: Must not exceed sixty (60) dB at the property line where adjacent to residential properties. 7. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 8. 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. i Site Plan - - - - - - - - - - - - - - - 25 5 I I I 9 Vac-Boom(11'_W) o f 9 Vac-ii(11'_H� t o NI � ♦ � to I 16'-4' 60'Conveyor I I I �� --- _ --- --J �10' Setba— __ ck '"� _ _ _ � 86'-8" 41'-0" 8 Public Notification 19 Notices mailed inside 200' buffer �G V 5 Notices mailed outside 200' buffer aM CG qM-} 4� o 4d'qQ Notification Area SUBJECT PROPERTY _ �b a� Opposed: 5 (13.57%) cFQTfFST agsT - yf � WFS, s iz eS In Favor: 1 6� UDC Requirements _f Buffer Yards- N/A �V n,. • i 41, Setbacks- Street- 20 feet P Side/Rear. 0 feet S'q'4 Parking- 2 per car wash bay as h Landscaping, Screening, and Lighting Standards Frog Uses Allowed- Retail, Office, Indoor Recreation, Bars, Vehicle Sales, Self-Storage, Car Washes, and Multifamily Uses. S Com` Ok F NOFPORATEO AGENDA MEMORANDUM 1852 Public Hearing and First Reading for the City Council Meeting of September 18, 2018 Second Reading for the City Council Meeting of September 25, 2018 DATE: August 23, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Rezoning property at or near 1804 Buford Avenue (3/4 Vote Required) CAPTION: Case No. 0818-03 The Salvation Army: Ordinance rezoning property at or near 1804 Buford Avenue from "RS-6" Single-Family 6 District to the "CG-1/SP" General Commercial District with a Special Permit. (3/4 Vote Required) PURPOSE: The purpose of this item is to allow for a social service use and the construction of a 35,000 square foot transitional housing facility. RECOMMENDATION: Planning Commission and Staff Recommendation (August 8, 2018): Denial of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-1/SP" General Commercial District with a Special Permit and, in lieu thereof, approval of the "RS- 6/SP" Single-Family 6 District with a Special Permit. Vote Results: For: 8 Opposed: 0 Absent: 1 Abstained: 0 ALTERNATIVES: 1. Deny the request. 2. Approval of the "CG-1/SP" District. (3/4 Vote Required) OTHER CONSIDERATIONS: The original "RS-6/SP" Single-Family 6 District with a Special Permit was issued on May 30, 2016 (Ordinance #030862). It has been over two years since the approval and there has been no action on the Special Permit. Therefore, the Special Permit has expired. The original application for a Special Permit is exactly the same as this application and continues to be for a 35,000 square foot transitional housing facility. The property was previously zoned "RS-6" Single-Family 6 District. Staff recommended denial of the change of zoning to the "CG-1/SP" General Commercial District with a Special Permit on the original zoning case as the Future Land Use is for medium density residential uses. Therefore, staff has recommended keeping the base zoning district of "RS-6" Single- Family 6 District and utilizing the ability of the Special Permit to grant the construction of the transitional housing facility. CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Downtown Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the "CG-1/SP" General Commercial District with a Special Permit is generally consistent with the adopted Comprehensive Plan (Plan CC), however, it warrants an amendment to the Future Land Use Map. Staff recommends the "RS-6/SP" Single-Family 6 District with a Special Permit which is consistent with the medium density residential land use designation. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 CIP onl Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0818-03 The Salvation Army: Ordinance rezoning property at or near 1804 Buford Avenue from "RS-6" Single-Family 6 District to the "CG-1/SP" General Commercial District with a Special Permit. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of The Salvation Army ("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, August 8, 2018, 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 "CG-1/SP" General Commercial District with a Special Permit and, in lieu thereof, approval of the "RS-6/SP" Single-Family 6 District with a Special Permit (SP)with conditions and on Tuesday, September 18, 2018, 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 The Salvation Army ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described Lot 1 R, Block 6, Bay View No. 3, located on the north side of Buford Avenue, east of Crosstown Expressway (State Highway 286), south of Agnes Street, and west of South Brownlee Boulevard (the "Property"), from the "RS-6" Single-Family 6 District to the "CG-1/SP" General Commercial District with a Special Permit and, in lieu thereof, approval of the "CG-1/SP" General Commercial District with a Special Permit (SP) with conditions (Zoning Map No. 046043), as shown in 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 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 in the base zoning district is a Transitional Housing facility, a social service operated to assist families and veterans with their transition into permanent housing. The facility shall not exceed 220 beds. No soup kitchen or public feeding shall be allowed. For the purposes of this section, Transitional Housing is defined as a project that is designed to provide housing and appropriate supportive services to homeless persons to facilitate movement to independent living within 24 months, but the time limit could be longer. 2. Intake Facilities: Adequate waiting area inside the facility must be provided. 3. Security: The transitional housing facility located on the Property shall be monitored by facility staff at all times. 4. Landscaping: Landscape requirements for the Property shall be in compliance with standards for development as outlined in the UDC, except that the landscaping requirement of the street yards shall be met at 100% along 15th Street; 80% along Buford Avenue; 67% along Hancock Avenue; and 60% along 16th Street. 5. Building Design: The exterior fagade of the building(s) may contain metal elements, however, metal elements shall not exceed 50% of a building's fagade. The Owner shall incorporate windows and doors or other architectural enhancements on elevations that face the abutting residential development. 6. Building Height: The height of the building(s) shall not exceed 35 feet. 7. Lighting: Freestanding light poles on the Property shall not exceed 15 feet in height. The Owner shall comply with all other UDC lighting requirements. 8. Parking: Driveways shall be prohibited from being located on 15th Street. 9. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 24 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 6. Publication shall be made in the City's official publication as required by the City's Charter. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@F40D8CBD\@BCL@F4OD8CBD.docx Page 2 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@F40D8CBD\@BCL@F40D8CBD.docx Page 3 of 4 Exhibit A COLEMAN AVE C z COLEMANAVE c 4 ry - � r � � U uf6 s Ilk 22 2 hoUANCO SAVE x 43AWf61/u14.AVE .n 3 � 4 C. gyp 1 //0 23 f3 { suBrF.cr 12 PROPER 2 i8 8 20 R -T ,er+'ti g0FOR9-AVE fl J x BUV-ORI)AVM x O 2G 17 25 11 7 �a 6 - '{ m IG SY ON Lei rfAa[atl:7.252018 d CRAIG 400 $ddb !Aae Ya.k W rC'L�AMAIPpmen[SArvnnBb CASE: 0898-03 ZONING & NOTICE AREA ran-1 uaaTemlp' 'L ugrlma.ilal Pu_a m.t,:-. . _ _ - .,.r�r SUBJECT ON Prcfe[[:,:�Offbe _ _ PROPERTY 9 All-Ri Nwt:":- AT - cw.i llnu,: on con 4Yi-s 11nG,:,--.]^'an-.•-.• _C f: [ - CAI'dIL'b CIYKit Par Cltyof FM 0 H lac:ar__ V -1' RAAV 4 Gvnerswe PDC,hMm oM LOCATION MAP C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@F40D8CBD\@BCL@F4OD8CBD.docx Page 4 of 4 Case No. 0818-03 The Salvation Army: Ordinance rezoning property at or near 1804 Buford Avenue from "RS-6" Single-Family 6 District to the "RS-6/SP" Single-Family 6 District with a Special Permit WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of The Salvation Army ("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, August 8, 2018, 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 "CG-1/SP" General Commercial District with a Special Permit and, in lieu thereof, approval of the "RS-6/SP" Single-Family 6 District with a Special Permit (SP)with conditions and on Tuesday, September 18, 2018, 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 The Salvation Army ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described Lot 1 R, Block 6, Bay View No. 3, located on the north side of Buford Avenue, east of Crosstown Expressway (State Highway 286), south of Agnes Street, and west of South Brownlee Boulevard (the "Property"), from the "RS-6" Single-Family 6 District to the "CG-1/SP" General Commercial District with a Special Permit and, in lieu thereof, approval of the "RS-6/SP" Single-Family 6 District with a Special Permit (SP) with conditions (Zoning Map No. 046043), as shown in 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 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 in the base zoning district is a Transitional Housing facility, a social service operated to assist families and veterans with their transition into permanent housing. The facility shall not exceed 220 beds. No soup kitchen or public feeding shall be allowed. For the purposes of this section, Transitional Housing is defined as a project that is designed to provide housing and appropriate supportive services to homeless persons to facilitate movement to independent living within 24 months, but the time limit could be longer. 2. Intake Facilities: Adequate waiting area inside the facility must be provided. 3. Security: The transitional housing facility located on the Property shall be monitored by facility staff at all times. 4. Landscaping: Landscape requirements for the Property shall be in compliance with standards for development as outlined in the UDC, except that the landscaping requirement of the street yards shall be met at 100% along 15th Street; 80% along Buford Avenue; 67% along Hancock Avenue; and 60% along 16th Street. 5. Building Design: The exterior fagade of the building(s) may contain metal elements, however, metal elements shall not exceed 50% of a building's fagade. The Owner shall incorporate windows and doors or other architectural enhancements on elevations that face the abutting residential development. 6. Building Height: The height of the building(s) shall not exceed 35 feet. 7. Lighting: Freestanding light poles on the Property shall not exceed 15 feet in height. The Owner shall comply with all other UDC lighting requirements. 8. Parking: Driveways shall be prohibited from being located on 15th Street. 9. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 24 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 6. Publication shall be made in the City's official publication as required by the City's Charter. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@F40DDD78\@BCL@F40DDD78.docx Page 2 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@F40DDD78\@BCL@F40DDD78.docx Page 3 of 4 Exhibit A COLEMAN AVE 2 CO LE MAN Alf E � r � g G c k � z16 9 m 3 o ro r 2& t72 }9 -e — IJANCO DAVE tG �, 13AblC()c4+AVt M 4 d 0 23 13 sVsJ G.cr 12 Iry/ii BJ z as PROPEL[!/7 is _$ 22 27 f4 rr.YEN!naA .1, B�EpRI]nAVE. � p' 1311E(WE)AVE + 17 R-S G ti T T5 ro `— 7 N 6 � IN !Y! IG SY � OIV Lam Crsa:ad:7r7S�241& a (gAIG SI 400 S00 7eAa ed ey:YiH �*�r1 �//�']/��{ ]/1r(� �1 LBW�I?N iQ'CJaW91QRma.Ri$ArYIOSd CASE. 0818-D3 � AYV1 ZONING & NOTICE AREA mr-y Murranlb 1 IL ll�lt lntlwilal la-s Yurranlys x wave Yea aMe� SUBJECT lal-a Yurranly a wu rl.re•m ��_�.:-._. pM weYaiwer on•r rtina aYr1.Te-. PROPERTY 9 )fl1-AT Mrrranlp AT Ri-0 iY9MFe" - CN-1 w1lFherbe•a Cener Mal Ri<W5>MyMFsn I i 5 �.+c fix,, CN-Y wllaetra¢•m C•nn•iHal RI_TF Tw•-Hn>k pt.y R•w1A C•nnw•YI Ri_15 iYrlsF•m Id 16 CM-Y I4awAC•nnw•YI pE watl•n$alEai•ie Spat W-y u•n•rr c•nn•F•Ir ifi ill TmN nnaueB CO-Y men•rr cenn•mr ip yeblal PorrnN p lnlanrM C•nn�relal Ry f6CIBatlCllal YBnCIB Park CBC LbwnlaWe C•nntvYI N.IH Menufeoiurem Mome CR-b RewA CanntuaYl �,� Bt�A+crmvmL' A Cityq� y``` �`� eLh Y�Ludh• �/h^ar�a• 4 CAT107 MAP 20 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@F40DDD78\@BCL@F40DDD78.docx Page 4 of 4 Zoning Case #0818-03 The Salvation Army Rezoning for a Property at 1804 Buford Avenue City Council Presentation September 18, 2018 �pUS cN r k J�y aasz N Aerial Overview owl � Hancock Avenue Hancock Avenue ' � L SUBJECT �' r ► r - .n.=,• W PROPERTY � J INS- f ,� _,••V' _ " V � � .- ., ` I,�.•' .f' �• -� :moi - Subject Property at 1804 Buford Avenue J, � JLJ �cdfl MAt�AVE coLErnArd AVE f S 1 It a Vicinity Map r YJ B(iFORQ AVE �fl —T`� Cer+Ral Cary P w� CRAIC 9penShegPAapEend trihutcrs, r» � -:-restive C�rnumors-�aherAlke u CINAIG 51 <-- ; Li reuse(CC-OY-SF,} 3 Zoning Pattern RHS , %47Hmcock oa Pf30OPC�L�`ir ( � �' � O O L P Lf�S��� o OPd Q�IOli�ll�l0 cm QN 19770a 9971° nor's 2M Staff Recommendation Denial of the "CG-1 /SP" General Commercial District with a Special Permit in lieu thereof Approval of the "RS-6/SP" Single-Family 6 District with a Special Permit (SP). 'I' Special Permit Conditions 1. Use: The only use authorized by this Special Permit other than uses permitted in the base zoning district is a Transitional Housing facility, a social service use operated to assist families and veterans with their transition into permanent housing. The facility shall not exceed 220 beds. No soup kitchen or public feeding shall be allowed. For the purposes of this section, Transitional Housing is defined as a project that is designed to provide housing and appropriate supportive services to homeless persons to facilitate movement to independent living within 24 months, but the time limit could be longer. 2. Intake Facilities: Adequate waiting area inside the facility must be provided. 3. Security: The transitional housing facility located on the Property shall be monitored by facility staff at all times. 4. Landscaping: Landscape requirements for the Property shall be in compliance with standards for development as outlined in the UDC, except that the landscaping requirement of the street yards shall be met at 100% along 15th Street; 80% along Buford Avenue; 67% along Hancock Avenue; and 60% along 15th Street. Special Permit Conditions Ir 5. Building Design: The exterior facade of the building(s) may contain metal elements, however, metal elements shall not exceed 50% of a building's facade. The Owner shall incorporate windows and doors or other architectural enhancements on elevations that face the abutting residential development. 6. Building Height: The height of the building(s) shall not exceed 35 feet. 7. Lighting: Freestanding light poles on the Property shall not exceed 15 feet in height. The Owner shall comply with all other UDC lighting requirements. 8. Parking: Driveways shall be prohibited from being located on 15th Street. 9. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 24 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. Public Notification LJ 28 Notices mailed inside 200' buffer COLEMAN AVE z coLEM"NAVE 5 Notices mailed outside 200' buffer � x { g v O a 4 Notification Area b zfo jA dAt1C0 AVE m y .H)ANCOCK.AVE�`?.,,' `{ - t Opposed: 2 (2.91%) - ° susrEer 2 rz a PRO FERT,Y 22 =4 rt` � BF1FORfAf VE � � .�j� In Favor: 0 6UEOR9 AVE F M IG 5Y rt� CRAIG 8 Site Plan ow - - =- - - LYe - (� PARKING(49 VAC ES) r `T �a.c� �w •I 6 �d �ra o i b 9 UDC Requirements A Buffer Yards: N/A g Setbacks: Street: 20 feet � ~� hfAEJ[OCK AVE - E Parking: 1 -Per Employee }— 1:250 sq. ft. GFA(Office) .: Landscaping, Screening, and Lighting Standards BUFCRI)AVE IF6RD AlF - I I L Uses Allowed: Retail, Offices, Apartments, Hotels Restaurants Storage, Bars, and Nightclubs S, PLANNING COMMISSION FINAL REPORT Case No. 0818-03 INFOR No. 18ZN1016 Planning Commission Hearin Date: August 8, 2018 = Owner: The Salvation Army r 0 Applicant: Urban Engineering .� Location Address: 1804 Buford Avenue Q N Legal Description: Lot 1 R, Block 6, Bay View No. 3, located on the north Q °a o side of Buford Street, east of Crosstown Expressway (State Highway 286), south of Agnes Street, and west of South Brownlee Boulevard. From: "RS-6" Single-Family 6 District c a To: "CG-1/SP" General Commercial District with a Special Permit -Es Area: 2.41 acres N Purpose of Request: To allow for a social service use and the construction of a 35,000 square foot transitional housing facility. Existing Zoning District Existing Land Use Future Land Use Site "RS-6" Single-Family 6 Public/Semi-Public Medium Density Residential c=a "ON" Neighborhood Public/Semi-Public Medium Density N North Office and "RM-3" and Low Density Residential -E ? Multifamily 3 Residential 0 N C Low Density Medium Density M South "RS-6" Single-Family 6 Residential Residential LU East "RS-6" Single-Family 6 Low Density Medium Density Residential Residential West "RS-6" Single-Family 6 Low Density Medium Density Residential Residential Area Development Plan: The subject property is located within the ,a boundaries of the Downtown Area Development Plan and is planned for 0- medium density residential uses. The proposed rezoning to the "CG-1/SP" M ° General Commercial District with a Special Permit is generally consistent with a o the adopted Comprehensive Plan (Plan CC) and warrants an amendment to athe Future Land Use Map. Map No.: 046043 Zoning Violations: None o Transportation and Circulation: The subject property has approximately 280 feet of street frontage along Buford Street to the south and along Hancock Street to the north, approximately 375 feet along the frontage road N of the 16t" Street/Crosstown Expressway (SH 286) to the west, and 15t" = Street to the east. The Urban Transportation Plan identifies all four streets as ca local residential streets. Staff Report Page 2 Urban Proposed Existing Traffic Street Transportation Section Section Volume Plan Type Buford Local/Residential 50' ROW 60' ROW N/A Avenue 28' paved 30' paved O Hancock Local/Residential 50' ROW 55' ROW N/A Avenue 28' paved 32' paved m 15th Street Local/Residential 50' ROW 55' ROW N/A 28' paved 30' paved Crosstown 50' ROW 50' ROW Expressway Local/Residential 28' paved 30' paved N/A (16th Street) p p Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS-6" Single-Family 6 District to the "CG-1/SP" General Commercial District with a Special Permit to allow for a social service use and the construction of a 35,000 square foot transitional housing facility. The proposed transitional housing facility that includes residences for families and veterans, a family service center with playground, a veterans work therapy program, and other care and training services. A transitional housing facility is not explicitly defined or identified in the Unified Development Code (UDC) and is considered a Social Service Use. Social Services Uses are characterized in the UDC as "uses that primarily provide treatment of those with psychiatric, alcohol, or drug problems and transient housing related to social service programs." Development Plan: The applicant is proposing to construct 35,000 square foot facility that will house intact families. In total, the facility will have 220 beds, a dining and kitchen area to serve only those enrolled in the non-profit's transitional housing program, an open-air courtyard, multi-purpose classroom, administrative offices, parking and a playground. The Center will have 40 staff members and staff will be on-site to monitor the facility 24 hours a day. Of the beds planned for the new facility, they are expected to be used for the following groups: approximately 73 percent for families, 18 percent for veterans, and 7 percent for work therapy, and 2 percent for emergency situations. The Center accepts new residents (single-men) under a 14-day assessment period before they can be enrolled in the transitional housing programs. Existing Land Uses & Zoning: The subject property is zoned "RS-6" Single-Family 6 District and consists of a public/semi-public use (chapel, ball fields, and recreational facility). To the northwest is land zoned "ON" Office District and occupied by a day care Staff Report Page 3 facility and to the northeast are low density residential uses zoned "RM-3" Multifamily 3 District. To the south is zoned "RS-6" Single-Family 6 District and consists of a vacant lot and low density residential uses. East and west of the subject property is zoned "RS-6" Single-Family 6 District with low and medium density residential to the east and an expressway to the west. 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. PlanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Downtown Area Development Plan (ADP). The proposed rezoning to the "CG-1/SP" General Commercial District with a Special Permit is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. The following policies are applicable: • 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 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 generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. The proposed rezoning is compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • Transitional housing facilities with sufficient organizational support can create positive impacts for the community. • The applicant intends to improve the property by constructing a new social service facility that will replace existing structures. • Development of the site advances policies pertaining to infill development. • The Special Permit request meets all of the review criteria required by UDC Article 3.6.3. • The original "RS-6/SP" Single-Family 6 District with a Special Permit was issued on May 30, 2016 (Ordinance #030862). It has been over two years since the approval and there has been no action on the Special Permit. Therefore, the Special Permit has expired. • The original application for a Special Permit is exactly the same as this application and continues to be for a 35,000 square foot transitional housing facility. The property was previously zoned "RS-6" Single-Family 6 District. Staff recommended denial of the change of zoning to the "CG-1/SP" General Commercial District with a Special Permit on the original zoning case as the Future Land Use is for medium density residential uses. Therefore, staff has recommended keeping the base zoning Staff Report Page 4 district of "RS-6" Single-Family 6 District and utilizing the ability of the Special Permit to grant the construction of the transitional housing facility. Planning Commission and Staff Recommendation (August 8, 2018): Denial of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-1/SP" General Commercial District with a Special Permit and, in lieu thereof, approval of the "RS-6/SP" Single-Family 6 District with a Special Permit subject to the following conditions: 1. Uses: The only uses authorized by this Special Permit other than uses permitted in the base zoning district is a Transitional Housing facility, a social service operated to assist families and veterans with their transition into permanent housing. The facility shall not exceed 220 beds. No soup kitchen or public feeding shall be allowed. For the purposes of this section, Transitional Housing is defined as a project that is designed to provide housing and appropriate supportive services to homeless persons to facilitate movement to independent living within 24 months, but the time limit could be longer. 2. Intake Facilities: Adequate waiting area inside the facility must be provided so that no perceived loitering or waiting outdoors occurs. 3. Security,: The transitional housing facility located on the Property shall be monitored by facility staff at all times. 4. Landscaping: Landscape requirements for the Property shall be in compliance with standards for development as outlined in the UDC, except that the landscaping requirement of the street yards shall be met at 100% along 15th Street; 80% along Buford Avenue; 67% along Hancock Avenue; and 60% along 16th Street. 5. Building Design: The exterior fagade of the building(s) may contain metal elements, however, metal elements shall not exceed 50% of a building's fagade. The Owner shall incorporate windows and doors or other architectural enhancements on elevations that face the abutting residential development. 6. Building Height: The height of the building(s) shall not exceed 35 feet. 7. Lighting: Freestanding light poles on the Property shall not exceed 15 feet in height. The Owner shall comply with all other UDC lighting requirements. 8. Parking: Driveways shall be prohibited from being located on 15th Street. 9. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 24 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. Vote Results: Staff Report Page 5 For: 8 Opposed: 0 Absent: 1 Abstained: 0 Number of Notices Mailed — 28 within 200-foot notification area = 5 outside notification area 0 As of August 3, 2018: In Favor — 0 inside notification area o — 0 outside notification area z In Opposition — 2 inside notification area a — 0 outside notification area Totaling 2.91% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Preliminary Site Plan C. Original Staff Report, Ordinance, and Application D. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2018\0818-03 The Salvation Army(SP Renewal)\Council Documents=Report_0818-03 The Salvation Army.docx Staff Report Page 6 Lj COLEMAN AVE C4LEMANAVE c m. N L �{ z ~ { Q U JL�j � ifi 9 29 .r O }Q t x i Z 72 }9 I3AN 0 V-AVE m '- l4ANCOCY-AVE a S � 4 0 23 Q sua�Fer ,2 FROPERT,Y � + q r wifrORD-AW ..� 13,jf0R[3 AVE O }T s R-S 'i 25 rn e. 25 7 I...N 21 os rn IG ST ^n a as n r7ZONING RAIG 5f m■crsalae:�r��zale d00 800 WratlH,. �I IE rar�oauWopirsererswvioas E. 0818-03 & NOTICE ARE IL 1191tlrkdMtl2l +�-P NVRAfemlp Y u slmevr tl—W. SUBJECT Rr-a x.er.mra a a.,uow,t.l off Prew[elnnr oenoe einax-F��b to PROPERTY 4 NI-Ai HdRf�ld Ai Rldo lln Olo-FsmiY 6 - INIdFdmdood CenmeroLi R6>.6 AlnO bfsnb li ..dc CM-4 INIpFbmFead Conn�rNal RE.iF ixo-Fmm� CR-1 IbwryComm�mLl np lo-Fre�id CR-P Rawrl ComrneroN1 RE16 Re[tlenWlE[AtA� Qa.V CB-t Omerci�ornnemicf R$7ry Tbdnhouee CO-4 OMerti Commerolal !P CI kiln Yvm Cemmerole: Hy Fi-atonii Veh"Pmt CBC Cnrelewe Cennerokl PA1M Hbnuleaiuretl Nome M "m2Connrrc4i fR Fam Rdiy 1!' H HMImb OIf llq' � dI � Bua Yreaa Pard W V w^µ.V r2+.Au slab• �eP nA[m y " l x n — LOCATION MAP .awe avners[m vne en Staff Report Page 7 Persons wllh disabilities planning to attend this meeting,who may require special servkm,are requested to contact the Development Services Department at least 48 hours in advance at(361)826-3240.PvAonas con incaoacidades. *A tienen la intencibn de as sUr a esla junta y qua requieren servr 4o especiales-fet les 1Ugoioa que den aviso 48 horas antes de la iunta Ilamando al departamento de ser:icios de desarrollo.al nlimero(381)826-3240. I If you wish to address the Commission during the meeting and your English is limited, please cak the Development Services Department at(361)826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si_usled desea dirigirse a Is commission durante Is Junta V su ingl@s es limitado, favor de hamar dl cielzartamento de servicios de desarrollo al numero(361)826-3240 al mens 48 horas antes de 1a junta para solicitar un InI6rPr@le ser prgsente duranle la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0818-03 The Salvation Armv has petitioned the City of Corpus Christi to consider a change of zoning from the 'RS-6"Sinule-Family 6 District to the"CG-1/SP"General Commercial District with a Special Permit, resulting in a change to the Future Land Use Map.The properly to be rezoned is described as: 1804 Buford Avenue and Lot 1R.Block 6, Bay View No.3,located on the north side of Buford Street,east of Crosstown Expressway(State Highway 286), south of Agnes Street,and west of South Brownlee 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,August 8,2018,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 8277,CORPUS CHRISTI,TEXAS 784M 9277 ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In aeeordance with the Planning Commission By-Laws,no discussion shall behold by s member or members of this Commisslon 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: /.� S� .s r-� L�nYn,.c� c�, City/State: ( } IN FAVOR (x)IN OPPOSITION Phone: REASON: 6 9®nattre SEE MAP ON REVERSE SIDE Case No.0918.03 INFOR Case No-18ZN1016 J Project Manager:Andrew Dimas Property Owner ID.1 Email andrewd2@acterascom Staff Report Page 8 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,. oue_lleyen la inlencidn de asislir a esta juntay oue reauieren servicios especiales,se les sllnlica nue den aviSo 48 horas antes de la junta Ilamando al departamento de servigjgs de desarrollo at numero(361)826-3240 It 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 dingirse a la commission duranI!! Je_tjnta y su m4ies es lunitado, favor de Ilamar11111! deoanamento de servicios de desarro±l0_al numero(361)826-3240 at menos 48 h aras antes de to lunia para solrQur un interprete ser presente.durante la junta. CITY PLANNING COMMISSION PUBLIC NEARING NOTICE Rezoning Case No. 0818-03 The Salvation Army has petitioned the City of Corpus ChnsL to consider a change of zoning from the -RS-6" Single-Family 6 District to the"CG-1/SP"General Commercial District with a Special Permit, resulting in a change to the Future Land Use Mao.The property to be rezoned is described as: 1804 Buford Avenue and Lot 1R,Block 6,Bay View No. 3, located on the north side of Buford Street, east of Crosstown Expressway (State Highway 286), south of Agnes Street, and west of South Brownlee Boulevard, The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification andlor Special Permit- Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan.will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public heanng for this rezoning request to discuss and formulate a recommendation to the City Council.The public hearing will be held on YedtebdaY,August 8.2018,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 mr✓nbar or members of this Commission with an applicant or appeltant concerning an application or appeal,either at home or office,or In person, by telephone calf or by letter. Printed Name:. I P a,fin tN (S1'o!V z-0- Address Address 11_04,- 161h ST City/State;' I-17G15 Nr1J0y. 1 x ( ) IN FAVOR (>�IN OPPOSITION Phone: REASON- 44W,"21"L_,4 Signature SEE MAP ON REVERSE SIDE Case No 0818-03 INfOR Case No.:taZN1016 Project Manager Andrew Dimas Property Owner ID.25 Email:andrewd9acctacas.com �QS C GO Oda F U „ogpogpEo AGENDA MEMORANDUM 1852 First Reading Ordinance for the City Council Meeting of September 18, 2018 Second Reading Ordinance for the City Council Meeting of September 25, 2018 DATE: September 5, 2018 TO: Keith Selman, Interim City Manager FROM: Mike Markle, Chief of Police Mikem�cctexas.com 886-2603 Appropriating funds from the Recovery on damage claims CAPTION: Ordinance appropriating $92,437.71 from damage claims into General Fund to purchase police vehicles; and changing Operating Budget by increasing revenue and expenditures in the General Fund by $92,437.71 PURPOSE: Appropriate the funds for use by the Police Department for purchase of vehicles and equipment. BACKGROUND AND FINDINGS: The special revenue fund "Recovery on damage claims" are subrogation recovery funds remitted to the City of Corpus Christi for damages to Police vehicles. The appropriated funds will be used to purchase 3 police vehicles and related equipment. ALTERNATIVES: No alternatives OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms to City Policy EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Finance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 92,437.71 921437.71 BALANCE Fund(s): General Comments:. RECOMMENDATION: Staff recommends appropriation of the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance appropriating $92,437.71 from damage claims into General Fund to purchase police vehicles; and changing Operating Budget by increasing revenue and expenditures in the General Fund by $92,437.71 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $92,437.71 from damage claims is appropriated in the General Fund No. 1020 to purchase three police vehicles and related equipment. SECTION 2. That the FY 2017-2018 Operating Budget adopted by Ordinance 031255 is changed to increase revenues and expenditures by $92,437.71 in the General Fund No. 1020. 1 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor se GO O Va. U AGENDA MEMORANDUM 111 Reading Ordinance for the City Council Meeting September 18, 2018 NORROPPE2nd Reading Ordinance for the City Council Meeting September 25, 2018 1852 DATE: August 28, 2018 TO: Keith Selman, Interim City Manager THRU: Mike Markle, Interim Assistant City Manager FROM: Robert Rocha, Fire Chief rrochaCa)-cctexas.com 361-826-3932 Accepting and appropriating $1,000 grant from NuStar Energy L.P. CAPTION: Ordinance authorizing acceptance of $1,000 grant from NuStar Energy L.P.; and appropriating $1,000 from NuStar Energy L.P. in the No. 1062 Fire Grant Fund. PURPOSE: This grant will be used to support community outreach, fire department equipment, training or supplies. BACKGROUND AND FINDINGS: The NuStar Energy L.P. giving program has forwarded a check to the Corpus Christi Fire Department in the amount of $1,000. No application was required. This grant will be appropriated in the 1062 Fire Grant Fund. ALTERNATIVES: Deny funding and seek alternative funding. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of Ordinance to accept and appropriate grant funds. EMERGENCY/ NON-EMERGENCY: Staff is requesting a non-emergency reading to this routine, non-controversial item. DEPARTMENTAL CLEARANCES: Legal Finance — Grants and Office of Management and Budget. FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $1,000.00 $1,000.00 BALANCE $1,000.00 Fund(s): Comments: None. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance authorizing acceptance of $1,000 grant from NuStar Energy L.P.; and appropriating $1,000 from NuStar Energy L.P. into Fire Grant Fund BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to accept a grant from NuStar Energy L.P. in the amount of $1 ,000. SECTION 2. That $1 ,000 is appropriated in the No. 1062 Fire Grant Fund to be used for community outreach, fire department equipment, training or supplies 1 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor 2 vs c� 0 � H U AGENDA MEMORANDUM "nwPaRa=° First Reading Ordinance for the City Council Meeting of September 18, 2018 zs52 Second Reading Ordinance for the City Council Meeting of September 25, 2018 DATE: September 4, 2018 TO: Keith Selman, Interim City Manager THRU: Annette Rodriguez, M.P.H., Director of Public Health Annetter@cctexas.com 361.826.7205 FROM: William Milan Uhlarik, M.B.A., A.R.M., Assistant Director of Public Health Williamu2@cctexas.com 361.826.1348 Acceptance of the grant contract amendment for the Nutrition Services Section/Women, Infants and Children (NSS/WIC) grant CAPTION: Ordinance authorizing an amendment to the Women, Infant and Children's Nutrition Program (WIC) grant contract from the Health and Human Services Commission. PURPOSE: To provide funds for personnel costs, supplies and other expenses to run The Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) that provides supplemental foods, health care referrals, and nutrition education for eligible low-income pregnant, breastfeeding, and non-breastfeeding postpartum women, and to infants and children up to age five who are found to be at nutritional risk within the State of Texas. BACKGROUND AND FINDINGS: Acceptance of contract amendment results in a decrease in funding of $142,418.00 for the contract period October 1, 2017 through September 30, 2018; and an increase in grant funding for the contract period October 1, 2018 through September 30, 2019 in the amount of $857,934.00, and appropriation of the funds for the contract period October 1, 2018 through September 30, 2019. Population Served: The WIC target population are low-income, nutritionally at risk: • Pregnant women (through pregnancy and up to 6 weeks after birth or after pregnancy ends). • Breastfeeding women (up to infant's 1 st birthday) • Nonbreastfeeding postpartum women (up to 6 months after the birth of an infant or after pregnancy ends) • Infants (up to 1st birthday). WIC serves 53 percent of all infants born in the United States. • Children up to their 5th birthday. Benefits The following benefits are provided to WIC participants: • Supplemental nutritious foods • Nutrition education and counseling at WIC clinics • Screening and referrals to other health, welfare and social services Program Delivery WIC is not an entitlement program as Congress does not set aside funds to allow every eligible individual to participate in the program. WIC is a Federal grant program for which Congress authorizes a specific amount of funds each year for the program. WIC is • administered at the Federal level by FNS • administered by 90 WIC state agencies, through approximately 47,000 authorized retailers. • WIC operates through 1,900 local agencies in 10,000 clinic sites, in 50 State health departments, 34 Indian Tribal Organizations, the District of Columbia, and five territories (Northern Mariana, American Samoa, Guam, Puerto Rico, and the Virgin Islands). Examples of where WIC services are provided: • county health departments • hospitals • mobile clinics (vans) • community centers • schools • public housing sites • migrant health centers and camps • Indian Health Service facilities ALTERNATIVES: Refuse the grant and discontinue providing Women, Infants, and Children services for the community. OTHER CONSIDERATIONS: None FINANCIAL IMPACT: ❑x Operating 0 Revenue ❑ Capital ❑ Not applicable Project to Date Expenditures Fiscal Year: 2017-2018 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $857,934.00 $8571934.00 BALANCE $857,934.00 $857,934.00 Fund(s): Grant Comments: The grant does not require a cash or in-kind match by the City. RECOMMENDATION: Staff recommends approval of this agenda item. CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds. EMERGENCY/ NON-EMERGENCY: Non-Emergency. DEPARTMENTALCLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. LIST OF SUPPORTING DOCUMENTS: Contract No. Health Human Services 2017-049800-001 (Amendment No. 2) Ordinance Ordinance authorizing an amendment to the Women, Infant and Children's Nutrition Program (WIC) grant contract from the Health and Human Services Commission. Be it ordained by the City Council of the City of Corpus Christi,Texas: Section 1: The City Manager or designee is authorized to execute Am e n d m e n t N o. 2 of the Health and Human Services Commission Grant Contract No. 2017-049800-01 . Section 2: The amendment will result in a decrease in funding of $142,418.00 for the period October 1 , 2017 through September 30, 2018 and an increased grant amount of $857,934.00 for the period October 1, 2018 through September 30, 2019 and said amounts are appropriated in the No. 1066 Health Grants Fund to continue the WIC program in the Health District (City). Section 3: The amendment also includes revisions to: the references of DSHS to HHSC to reflect the change in to reflect the consolidation of the entities; Section III, Duration; Section IV, Budget; Section I(H), Attachment A, Statement of Work; Section I(M), Attachment A, Statement of Work; Section I(N), Attachment A, Statement of Work; Section I(R), Attachment A, Statement of Work; Section I(S), Attachment A, Statement of Work; Section I(BB), Attachment A, Statement of Work; Section II(A), Attachment A, Statement of Work; Section III(A), Attachment A, Statement of Work; Section III(B), Attachment A, Statement of Work; Section III(D)(3), Attachment A, Statement of Work; Section 2.03, Financial Status Reports (FSRs) in Attachment D, Supplemental and Special Conditions; Section 4.03, Submission of Audit is added to Attachment D, Supplemental and Special Conditions; and Section 1.16 Child Abuse Reporting Requirement of Attachment D, Supplemental and Special Conditions. Section 4: The City Manager or designee is authorized to execute any future amendments to the grant contract which extend the contract period or increase or decrease the amount of the grant. Section 5: Each fiscal year, should funding be awarded, upon execution of the grant agreements, that the grant funds awarded by Health and Human Services Commission for the WIC program shall be deemed appropriated in the No. 1066 Health Grants Fund for the WIC program and said funds may be spent by the Corpus Christi Nueces County Public Health District for their intended purposes upon receipt of funding. Section 6: That the City Manager is authorized to execute contract amendments pertaining to these funds in the following instances: a)carry-over funds, when ascertained and approved by the funding agency through a revised notice of award; b) amendments which will provide supplemental grant funds; c) reimbursement increases of administration funds for each participant served; d) amendments to comply with applicable State or Federal laws and regulations; and e) amendments which do not change the essential purpose of the grant. Section 7: A copy of the executed grant shall be filed in the office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor DocuSign Envelope ID:8E56170E-2106-480E-A10E-A710555F4DE2 HEALTH AND HUMAN SERVICES COMMISSION CONTRACT NO.2017-049800-001 AMENDMENT NO.2 The HEALTH AND HUMAN SERVICES COMMISSION("HHSC"or"System Agency")and CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT(CITY)("Grantee"),who are collectively referred to herein as the "Parties" to that certain Women, Infant and Children's Nutrition Local Agency grant contract effective October 1, 2016 and denominated HHSC Contract No. 2017- 049800-001 ("Contract"), as amended, now desire to further amend the Contract. RECITALS WHEREAS, the Department of State Health Services ("DSHS") was an original party to the Contract; WHEREAS, all functions associated with the Contract were transferred from DSHS to HHSC by operation of law in accordance with Senate Bill 200, 84'h Legislature (requiring consolidation of the Health and Human Services System) and Texas Government Code Chapter 531; WHEREAS,the Contract provides that DSHS may assign,pledge or transfer the Contract to another State agency(see Attachment B, Uniform Terms and Conditions, Section 9.06, Assignments); WHEREAS, System Agency has elected to extend the Contract through Fiscal Year ("FY") 2019 (October 1, 2018 through September 30, 2019) in accordance with Section III of the Contract. WHEREAS, the Parties desire to revise the Budget for FY 2018 (October 1, 2017 through September 30,2018) and FY 2019; WHEREAS; the Parties desire to revise the Statement of Work; and WHEREAS, these revisions will result in a decrease in funding of ONE HUNDRED FORTY-Two THOUSAND FOUR HUNDRED EIGHTEEN DOLLARS($142,418.00) for FY 2018 and an addition of EIGHT HUNDRED FIFTY-SEVEN THOUSAND NINE HUNDRED THIRTY-FOUR DOLLARS ($857,934.00)in federal grant funds for FY 2019. Now,THEREFORE,the Parties hereby amend and modify the Contract as follows: 1. References in the Contract to "DSHS"are hereby changed to "HHSC". 2. SECTION III of the Contract, DURATION, is hereby amended to reflect a new termination date of September 30, 2019. 3. SECTION IV of the Contract, BUDGET, is deleted and replaced in its entirety with the following: System Agency Contract No.2017-049800-001 Page 1 of 6 DocuSign Envelope ID:8E56170E-2106-480E-A10E-A710555F4DE2 IV.BUDGET The total amount of this Contract will not exceed Two MILLION SEVEN HUNDRED FORTY THOUSAND SEVEN HUNDRED SEVENTY-EIGHT DOLLARS ($2,740,778.00), of which $1,012,631.00 is allocated to FY 2017 (October 1, 2016 through September 30, 2017), $870,213.00 is allocated to FY 2018 (October 1, 2017 through September 30, 2018) and $857,934.00 is allocated to FY 2019 (October 1, 2018 through September 30, 2019). All expenditures under the Contract will be in accordance with Attachment A, Statement of Work. 4. SECTION I(H) of ATTACHMENT A,STATEMENT OF WORK, is deleted and replaced in its entirety with the following: H. Conduct outreach to potential participants and implement strategies to retain existing participants. 5. SECTION I(M) of ATTACHMENT A,STATEMENT OF WORK, is deleted and replaced in its entirety with the following: M. Allow System Agency or its agent to configure all desktop, laptops, and tablets purchase with WIC funds for access to the Texas Integrated Network ("TXIN") Management Information System ("MIS") at all Grantee WIC clinics and administrative offices. Grantee will notify System Agency in writing not less than forty-five(45) days prior to the relocation of a site, and the deployment of a new site. Grantee is responsible for all desktop, laptops, and tablet maintenance and hardware support. 6. SECTION I(N) of ATTACHMENT A,STATEMENT OF WORK, is deleted and replaced in its entirety with the following: N. Grantee is required to immediately address,or facilitate internal access to all its clinics to the System Agency or its agent to facilitate the resolution of any issues restricting valid food benefit issuance to eligible WIC participants. Grantee is required to notify the System Agency of any issues resulting in the interruption of services for a period of four(4) hours or more. 7. SECTION I(R) of ATTACHMENT A, STATEMENT OF WORK, is amended by deleting it in its entirety and replacing it with the following: R. Omitted. 8. SECTION I(S) of ATTACHMENT A, STATEMENT OF WORK, is deleted and replaced in its entirety with the following: S. Implement special projects according to System Agency-approved plan related to nutrition education, outreach or breastfeeding and submit any required deliverables in a format approved by System Agency. Funding for special projects is contingent upon availability and approval in writing by System Agency of the Grantee's plan for the special project. System Agency Contract No.2017-049800-001 Page 2 of 6 DocuSign Envelope ID:8E56170E-2106-480E-A10E-A710555F4DE2 9. SECTION I(BB) of ATTACHMENT A,STATEMENT OF WORK,is deleted and replaced in its entirety with the following: BB. Submit to System Agency or maintain the following deliverables in a format designated by System Agency: 1. Monthly WIC Local Agency Performance Measure Report submitted by the 15th calendar day of the following month; and 2. Monthly Extended Hours Summary Report submitted by the 15th calendar day of the following month. 10. SECTION II(A) of ATTACHMENT A,STATEMENT OF WORK, is deleted and replaced in its entirety with the following: A. Grantee shall ensure: 1. An average of 95°0 of families each quarter who participate in the WIC Program by receiving food benefits also receive nutrition education classes or individual counseling; 2. Each quarter an average of 2000 or greater of all pregnant women who enter the WIC Program are certified as eligible; 3. Each quarter an average of 800 o of clients who are enrolled in the WIC Program, excluding dual participants and transfer locked and/or migrant clients, participate as food benefit recipients each month (breast-feeding infants are also included in the client count); and 4. 100% of participants who indicate during the enrollment process for the WIC Program that they have no source of health care are referred to at least one (1) source of health care at certification of eligibility. 11.SECTION IH(A)of ATTACHMENT A,STATEMENT OF WORK, is deleted and replaced in its entirety with the following: A. Grantee will request monthly payments using the State of Texas Purchase Voucher (Form 4116) at littus: hhs.texas.t:ov/laws-re.=ulations forms 4000-4999 form-411x`• state-texas-plll-chase-voucher and submit with any supporting documentation by electronic mail to System Agency at WicVouchers@hhsc.state.tx.us. Grantee shall indicate separately on the face of the State of Texas Purchase Voucher, the costs associated with nutrition education,breast-feeding,and other administrative costs. 12. SECTION III(B) of ATTACHMENT A, STATEMENT OF WORK, is amended by modifying and replacing it with the following: B. Grantee will submit Financial Status Reports("FSR")by electronic mail to the System Agency at WicVouchers@hhsc.state.tx.us by the last business day of the month following the end of each quarter of the Contract term for review and financial assessment. System Agency Contract No.2017-049800-001 Page 3 of 6 DocuSign Envelope ID:8E56170E-2106-480E-A10E-A710555F4DE2 13. SECTION III(D)(3)of ATTACHMENT A,STATEMENT OF WORK, is deleted and replaced in its entirety with the following: 3. Administrative costs will be reimbursed based on actual costs,but not to exceed the "maximum reimbursement" based upon the sum of the participants who were issued WIC EBT cards each month plus infants who do not receive any WIC EBT cards whose breastfeeding mothers were participants to the extent that the total so derived does not exceed Grantee's total assigned caseload within any given month. Surplus funds (the amount by which maximum reimbursements exceed actual costs) can be accumulated and carried forward within the same fiscal year. 14. The Parties agree to revise the supplemental condition for Section 2.03,Financial Status Reports (FSRs) in ATTACHMENT D, SUPPLEMENTAL AND SPECIAL CONDITIONS to provide as follows: Except as otherwise provided in these Uniform Terms and Conditions or in the terms of any Attachment(s) that is incorporated into the Contract, Grantee shall submit quarterly FSRs to System Agency by the last business day of the month following the end of each quarter of the Program Attachment term for System Agency review and financial assessment. Grantee shall submit the final FSR no later than forty-five(45) calendar days following the end of the applicable Fiscal Year. 15. The Parties agree to add the following supplemental condition to ATTACHMENT D, SUPPLEMENTAL AND SPECIAL CONDITIONS: Section 4.03, Submission of Audit, of the Health and Human Services Commission Uniform Terms and Conditions—Grant,Version 2.13 is deleted and replaced in its entirety with the following: 4.03 Submission of Audit Due the earlier of 30 days after receipt of the independent certified public accountant's report or nine months after the end of the fiscal year, Grantee shall submit electronically, one copy of the Single Audit or Program-Specific Audit to the System Agency as directed in this Contract and another copy to: single—audit—report@hhsc.state.tx.us. 16. SECTION 1.16, Child Abuse Reporting Requirement of ATTACHMENT D, SUPPLEMENTAL AND SPECIAL CONDITIONS,is deleted and replaced in its entirety with the following: Section 1.16 Child Abuse Reporting Requirement a. Grantees shall comply with child abuse and neglect reporting requirements in Texas Family Code Chapter 261. This section is in addition to and does not supersede any other legal obligation of the Grantee to report child abuse. b. Grantee shall comply with System Agency WIC Program Child Abuse policy. 17. This Amendment No.2 shall be effective as of May 1, 2018 or upon the date this Amendment is signed by both Parties, whichever occurs later. System Agency Contract No.2017-049800-001 Page 4 of 6 DocuSign Envelope ID:8E56170E-2106-480E-A10E-A710555F4DE2 18. Except as amended and modified by this Amendment No. 2 all terms and conditions of the Contract, as amended, shall remain in full force and effect. 19. Any further revisions to the Contract shall be by written agreement of the Parties. SIGNATURE PAGE FOLLOWS System Agency Contract No.2017-049800-001 Page 5 of 6 DocuSign Envelope ID:8E56170E-2106-480E-A10E-A710555F4DE2 SIGNATURE PAGE FOR AMENDMENT No.2 HHSC CONTRACT No.2017-049800-001 HEALTH AND HUMAN SERVICES CORPUS CHRISTI-NUECES COUNTY COMMISSION PUBLIC HEALTH DISTRICT(CITY) By: Name: Title: Date of Execution: Date of Execution: THE FOLLOWING ATTACHMENTS ARE ATTACHED AND INCORPORATED AS PART OF THE CONTRACT: ATTACHMENT A-1 FFATA Approved as to form:9 q ssistant City Attorney For City Attorney System Agency Contract No.2017-049800-001 Page 6 of 6 DocuSign Envelope ID:8E56170E-2106-480E-A10E-A710555F4DE2 Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION The certifications enumerated below represent material facts upon which DSHS relies when reporting information to the federal government required under federal law. If the Department later determines that the Contractor knowingly rendered an erroneous certification, DSHS may pursue all available remedies in accordance with Texas and U.S. law. Signor further agrees that it will provide immediate written notice to DSHS if at any time Signor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. If the Signor cannot certify all of the statements contained in this section Signor must provide written notice to DSHS detailina which of the below statements it cannot certify and why. Legal Name of Contractor: FFATA Contact#1 Name,Email and Phone Number: Primary Address of Contractor: FFATA Contact#2 Name,Email and Phone Number: ZIP Code:9-digits Required www.usps.com DUNS Number:9-digits Required www.sam.gov State of Texas Comptroller Vendor Identification Number(VIN) 14 Digits Printed Name of Authorized Representative Signature of Authorized Representative Title of Authorized Representative Date Department of State Health Services Form 4734—June 2013 DocuSign Envelope ID:8E56170E-2106-480E-A10E-A710555F4DE2 Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION As the duly authorized representative(Signor)of the Contractor, I hereby certify that the statements made by me in this certification form are true, complete and correct to the best of my knowledge. Did your organization have a gross income, from all sources, of less than $300,000 in your previous tax year? ❑Yes ❑ No If your answer is "Yes", skip questions "A", "B", and "C" and finish the certification. If your answer is "No", answer questions "A" and "B". A. Certification Regarding%of Annual Gross from Federal Awards Did your organization receive 80% or more of its annual gross revenue from federal awards during the preceding fiscal year? ❑Yes ❑ No B.Certification Regarding Amount of Annual Gross from Federal Awards Did your organization receive $25 million or more in annual gross revenues from federal awards in the preceding fiscal year? ❑Yes ❑ No If your answer is "Yes" to both question "A" and "B",you must answer question "C". If your answer is "No" to either question "A" or "B", skip question "C" and finish the certification. C. Certification Regarding Public Access to Compensation Information Does the public have access to information about the compensation of the senior executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? ❑Yes ❑ No If your answer is "Yes"to this question,where can this information be accessed? If your answer is "No" to this question, you must provide the names and total compensation of the top five highly compensated officers below. For example: John Blum:500000;Mary Redd:50000;Eric Gant:400000;Todd Platt:300000; Sally Tom:300000 Provide compensation information here: - 2 - Department of State Health Services Form 4734—June 2013 Docu a$acueto Certificate Of Completion Envelope Id:8E56170F2106480FA10FA710555F4DE2 Status:Sent Subject:Amending$2,740,778;2017-049800-001;Corpus Christi-Nueces County A-2;HHSC/WIC Source Envelope: Document Pages:13 Signatures:0 Envelope Originator: Certificate Pages:2 Initials:0 Texas Health and Human Services Commission AutoNav:Enabled 1100 W.49th St. Envelopeld Stamping:Enabled Austin,TX 78756 Time Zone:(UTC-06:00)Central Time(US&Canada) PCS_DocuSign@hhsc.state.tx.us IP Address:167.137.1.14 Record Tracking Status:Original Holder:Texas Health and Human Services Location:DocuSign August 6,2018 Commission PCS_DocuSign@hhsc.state.tx.us Signer Events Signature Timestamp Greta Rymal Completed Sent:August 6,2018 Greta.Rymal@hhsc.state.tx.us Viewed:August 6,2018 Texas Health and Human Services Commission Signed:August 6,2018 Security Level:Email,Account Authentication Using IP Address: 107.77.210.37 (None) Signed using mobile Electronic Record and Signature Disclosure: Not Offered via DocuSign Annette Rodriquez Sent:August 6,2018 annetter@cctexas.com Viewed:August 16,2018 Health Director City of Corpus Christi Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Andy Marker Edward.Marker@hhsc.state.tx.us Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Karen Ray Karen.Ray@hhsc.state.tx.us Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Cecile Young cecile.young@hhsc.state.b(.us Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Amy FitzGerald C 0 PI E� Sent:August 6,2018 amy.fitzgerald@hhsc.state.tx.us Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Cynthia Wright COPIED Sent:August 6,2018 cynthia.wdght@hhsc.state.tx.us Viewed:August 6,2018 Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Kathrine Galvan COPIED Sent:August 6,2018 KathrineG2@cctexas.com Viewed:August 6,2018 Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Pam Wells pam.wells@hhsc.state.b(.us Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted August 6,2018 Payment Events Status Timestamps SC �o v AGENDA MEMORANDUM First Reading for the City Council Meeting of September 18, 2018 NOfl VOPPT E� 1852 Second Reading for the City Council Meeting of September 25, 2018 DATE: August 30, 2018 TO: Keith Selman, Interim 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: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Dan Grimsbo, P. E., Executive Director of Water Utilities dang@cctexas.com (361) 826-1718 Construction Contract Laguna Shores Road Force Main Replacement Capital Improvements Program (CIP) CAPTION: Ordinance rejecting the apparent low bid of Jhabores Construction Company, Inc., as non-responsive and authorizing to execute a construction contract with Max Underground Construction, LLC of Corpus Christi, Texas as the lowest responsive, responsible bidder in the amount of$4,425,112.50 for the Base Bid, plus Additive Alternate No. 1 and Additive Alternate No. 2 for the Laguna Shores Road Force Main Replacement project (Wastewater CIP). PURPOSE: This project replaces an existing wastewater force main (FM) and lift station along Laguna Shores Road and provides upgrades to four additional lift stations in Flour Bluff Area. BACKGROUND AND FINDINGS: This project is critical to the Laguna Madre Wastewater Treatment Plant (WWTP) collection system that services all of Flour Bluff Area. The collection system is comprised of the WWTP near Naval Air Station (NAS) Corpus Christi with thirteen City owned lift stations. Eleven of the thirteen lift stations service the area south of South Padre Island Drive (SPID) and were designed to convey all the wastewater flows through an 18-inch FM and parallel 10-inch FM along Laguna Shores that cross under SPID and continue north to the Laguna Madre WWTP. Project No.:L10054 1 PM/GH Legistar No.:18-1059 Rev.3—08/28/18 The 10-inch FM was constructed in 1975 and removed from service due to age and deterioration. Currently, only the 18-inch FM is in service and prevents proper maintenance, plus it is inadequate to meet peak flows, resulting in overflows. Additionally, Gateway Lift Station is out of service due to age, severe corrosion and deterioration. Four other lift stations will also receive minor improvements and flow meters to better monitor flows and peak demands to improve TCEQ permit compliance. This project replaces the existing 10-inch FM with a new 24-inch FM along Laguna Shores Road from Graham Road north across SPID to the WWTP, it includes a new Gateway lift station on Laguna Shores near SPID and improvements to 4 additional lift stations. The project was developed with a Base Bid and two Additive Alternatives as follows: BASE BID: The Laguna Shores Road FM Replacement Project for a new 24-inch FM from Graham Road, along Laguna Shores Road to Laguna Madre Wastewater Treatment Plant for a total length of approximately 5,500 feet. In addition, the existing Gateway Lift Station near SPID will be replaced with a new lift station and associated new gravity infrastructure. ALTERNATE NO 1: Additive Alternative No.1 includes full width pavement reconstruction between Graham Road and new Gateway Lift Station. This allows full pavement restoration to be coordinated with the proposed Bond 2018 Laguna Shores Street Reconstruction — Proposition A. ALTERNATE NO 2: Additive Alternate No. 2 includes minor upgrades and installation of flow meters at the following four lift stations; Riviera, Laguna Shores, Waldron, and Flour Bluff. On July 25, 2018 the City received proposals from six (6) bidders. One bidder was found to be non- responsive and was not considered. A summary of the responsive bids is provided below. BID SUMMARY CONTRACTOR BASE BID ADD. ALT. 1 ADD. ALT. 2 TOTAL BID Ihoheroc $104,407.92 Q_eRStri GtieR 'sti, Texas- $3,863,123.7-5 $354,514.30 Q 277 (1nF D7 �e MAX Underground Construction, LLC. $3,939,741.50 $402,021.00 $83,350.00 $4,425,112.50 Corpus Christi, Texas Person Services Company, LLC Humble, Texas $4,229,113.74 $561,997.39 $134,742.08 $4,925,853.21 CPC Interest, LLC DBA Clark Pipeline Services. Corpus $4,470,531.76 $470,096.10 $137,382.76 $5,078,010.62 Christi, Texas Bridges Specialties Inc. Robstown, Texas $4,589,070.26 $404,316.78 $118,208.00 $5,111,595.04 Spiess Construction Santa Maria, California $4,978,106.00 $373,267.00 $231,500.00 $5,582,873.00 Engineer's Opinion of $4,660,000.00F$388,329.90 $180,300.00 $5,229,071.81 Probable Cost Project No.:E10054 2 PM/GH Legistar No.:18-1059 Rev.3—08/28/18 ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: The FM crossing under SPID requires coordination and a utility permit from TxDOT. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contract procurement. Conforms to FY 2017 CIP Budget. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Water Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Project to Fiscal Year Date Current Year Future Years TOTALS 2017-2018 Expenditures (CIP only) Budget 529,817 5,390,283 5,920,100 Encumbered / 529,817 529,817 Expended Amount This item 4,425,113 4,425,113 Future Anticipated Expenditures This 845,641 845,641 Project BALANCE 01 119,529 1 119,529 Fund(s): Wastewater CIP #25 RECOMMENDATION: Staff and LJA recommend awarding the construction contract to Max Underground Construction, LLC., the Base Bid plus Additive Alternative No. 1 and Additive Alternative No. 2. LIST OF SUPPORTING DOCUMENTS: Ordinance Letter of Recommendation Project Budget Presentation Location Map Project No.:L10054 3 PM/GH Legistar No.:18-1059 Rev.3—08/28/18 Page 1 of 2 Ordinance rejecting the apparent low bid of Jhabores Construction Company, Inc., as non-responsive and authorizing a construction contract with Max Underground Construction, LLC of Corpus Christi, Texas as the lowest responsive, responsible bidder in the amount of $4,425,112.50 for the Base Bid, plus Additive Alternate No. 1 and Additive Alternate No. 2 for the Laguna Shores Road Force Main Replacement project (Wastewater CIP). WHEREAS, six bids were received on July 25, 2018, for the Laguna Shores Road Force Main Replacement project (Project); and WHEREAS, the apparent low bidder for the Project, Jhabores Construction Company, Inc ("Jhabores"), failed to respond to the requirements of the bid documents; and WHEREAS, Section 00 21 13 Invitation to Bid and Instructions to Bidders instructs the Bidder to complete and submit the Bid Form, Bid Bond and Bid Acknowledgement Form with all required documents identified in the Bid Acknowledgement Form and informs the Bidder that a Bid will be rejected if the Bid is not signed by an individual empowered to bind the Bidder; WHEREAS, Jhabores failed to submit a signed Bid Acknowledgement Form, and the Bid is therefore nonresponsive. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The apparent low bid submitted by Jhabores Construction Company, Inc is rejected as non-responsive. SECTION 2. The City Manager or designee is authorized to execute a construction contract with Max Underground Construction, LLC of Corpus Christi, Texas as the lowest responsive, responsible bidder in the amount of $4,425,112.50 for the Base Bid plus Additive Alternates No. 1 and No. 2 for the Laguna Shores Road Force Main Replacement project (Wasterwater CIP). 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 , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor PROJECT BUDGET ESTIMATE LAGUNA SHORES ROAD FORCE MAIN REPLACEMENT Capital Improvement Program Project PROJECT FUNDS AVAILABLE: WastewaterCIP......................................................................................................... 5,920,100 TOTAL FUNDS AVAILABLE 5,920,100 FUNDS REQUIRED: Construction and Contingency Fees:.............................................................................. 4,867,624 Construction Estimate(MAX Underground) THIS ITEM 4,425,113 Contingency(10%)............................................................................... 442,511 Construction Inspection and Testing Fees:...................................................................... 179,880 Construction Inspection(Est)................................................................. 154,880 Materials Testing Services(Est) ............................................................. 25,000 DesignFees:........................................................................................................ 529,817 Original A/E Consultant Contract(LJA).................................................... 49,840 Amendment No 1 (LJA)........................................................................ 479,977 Reimbursements:....................................................................................................... 223,250 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget) .............. 88,500 Engineering Services(Project Mgt) ........................................................ 132,750 Misc. (Printing,Advertising, etc.)............................................................ 2,000 TOTAL 5,800,571 ESTIMATED PROJECT BUDGET BALANCE 119,529 eq p �Ok/ 286 Q M°RG °O 0 9� °O z 3 s'�9 Fgti CORPUS CHRISTI BAY 6" ti N v Q 9 h� SCALE: N.T.S. Q oar c�RO� <<iyq� LAGUNA SHORES ROAD FORCE MAIN TEti H RSITY REPLACEMENT CORPUS CHRISTI h 358 2 O 4i Q� ,t�gTOcg3�0 MCA�O�f o CABANISS4y i OSO BAY a CORPUS CHRISTI FIELD J Q NAVAL AIR STATION 4� ?° FLOUR BLUFF 358 286Q w FQ z J F O 0 or H 361 P22 b LAGUNA ''ACKE MADRE E� GULF OF MEXICO Corpus Chir sti Engineering Laguna Shores Road Force Main Replacement Council Presentation September 18, 2018 Project Location Corpus Chr sti Engineering CORPUS CHRISTI BAY n SCALE:N.T.S. RT LA5LJNA SHORES ROAD FORCE MAIN ohwaa REPLACEMENT °mac��pa e 050 BAY —R—wx 11 FLOUR BLUFF �o LAGUNA MADRE GULF OF MElIC0 Project Vicinity J ✓ Corpus Chrsti Engineering -1 7-11 LAGUNA SHORES ROAD FORCE MAIN SCALE: N.T.S. REPLACEMENT LAGUNA SHORES WASTEWATERTREATMENT PLANT Locations: 1. Riviera Lift Station(Upgrades) 2. Laguna Shores Lift Station(Upgrades) 3. Waldron Lift Station(Upgrades) 4. Flour Bluff Lift Station(Upgrades) 5. Gateway Park Lift Station(Replacement) Project Scope Corpus cry sr. Engineering This project provides for replacement of existing 10-inch wastewater force main along Laguna Shores Road from Graham Road to Laguna Madre WWTP. The new 24-inch force main will convey partial Flour Bluff wastewater flows from the Laguna Shores Lift Station to the Laguna Madre WWTP. The scope of work will include the following major elements: - Construct a new force main paralleling Laguna Shores Road from Graham Road to Laguna Madre WWTP; - Construct a new Gateway Lift Station and associated new gravity wastewater infrastructure necessary to take offline the existing siphon wastewater line beneath SPID; - Install flow meters at the following lift station (LS) locations: Riviera LS, Laguna Shore LS, Waldron LS, Flour Bluff LS and new Gateway LS. - Reconstruct the full width of Laguna Shores Road from Graham Road to New Gateway Lift Station. to Project Schedule 1 Corpus Chr SO Engineering i 2019 JUN JULY AUG SEP OCT NOV DIC JAN FEB MARAPR MAY JUN JUL AUG Bid/Award Construction Projected Schedule reflects City Council award in September 2018 with construction completion in August 2019. Ili 820 Buffalo Street,Corpus Christi,Texas 78401 LJA ENGINEERING t 361.887.8851 f 361.887.8855 LJA.com TBPE F-1386 TBPLS 10016600 August 9, 2018 City of Corpus Christi Engineering Services P. O. Box 9277 Corpus Christi, Texas 78469-9277 Attn: Mr. JH Edmonds, PE Director of Engineering Services Re: Laguna Shores Road Force Main Replacement Project No. E10054 RECOMMENDATION OF AWARD LJA Project No. C007-12047 Dear Mr. Edmonds: We have reviewed the six (6) bids received on July 25, 2018 for the Laguna Shores Road Force Main Replacement Project("Project"). The project includes installation of a new 24" force main from Graham Road, along Laguna Shores Road and E. Lakeside Drive, to the Laguna Madre Wastewater Treatment Plant, a total length of approximately 5,500 feet. In addition, the existing Gateway Lift Station will be replaced with a new lift station, flowmeter, and associated new gravity wastewater infrastructure necessary to take the existing siphon wastewater line beneath Park Road 22 offline and abandon in place. Additive Alternate No. 1 includes Full Width Pavement Reconstruction between Graham Road and the new Gateway Lift Station. Additive Alternate No. 2 includes the installation of flowmeters at the following locations: Riviera Lift Station, Laguna Shores Lift Station, Waldron Lift Station and Flour Bluff Lift Station. The bidders were Max Underground Construction, LLC. ("MAX")', Person Service Company, LLC. ("Person"), CPC Interests, LLC, DBA Clark Pipeline Services ("CPC"), Bridges Specialties, Inc. ("Bridges"), Spiess Construction Co. Inc. ("Spiess") and Jhabores Construction Co.. Inc. ("Jhabores"). All six (6) bids were reviewed by City legal and the Jhabores bid was deemed nonresponsive. The remaining five (5) bids were deemed complete and responsive. The five (5) bids have been evaluated and a Bid Tabulation (attached) has been prepared. The bids from MAX, Person, and CPC contained minor math errors. The bids from Bridges and Spiess contained no math errors. The math errors did not change the relative bid status. In addition to the Bid Proposal, MAX has submitted documentation supporting the requirements of Section 00 45 16 Statement of Experience (attached). We have reviewed the MAX Statement of Experience and found it to be complete. LJA has also reviewed that Statement of Experience by Person and found it to be complete. LJA will review the statement of Qualifications from CPC upon receipt and will forward to the City. All five responsive bidders have significant construction experience in the type of work proposed by this project. MAX is a local contractor with successfully completed projects for, and in, the City of Corpus Christi. Mr.JH Edmonds, PE August 9,2018 Page 2 of 2 The bid was composed of the following combinations: Base Bid, Base Bid + Alternate Bid No. 1 or Base Bid + Alternate Bid No. 1 + Alternate Bid No. 2. The bids were evaluated based on the availability of funds and on the following three (3) bid combinations. 1. Total Base Bid or 2. Total Base Bid + Alternate Bid No. 1 or 3. Total Base Bid + Alternate Bid No. 1 +Alternate Bid No. 2 After review and evaluation of the bids, the City has directed that the contract be awarded on the basis of Total Base Bid + Alternate Bid No. 1 + Alternate Bid No. 2. The contract documents stipulate that the project shall be substantially complete within 270 days from the Notice to Proceed and establishes the liquidated damages amount of $1,200 for each day that expires after the substantial completion time. After review of the bid proposals and requisite additional documentation, LJA acknowledges that MAX Underground Construction, LLC. is the lowest bidder on the Project and meets the requirements for award of the Project. MAX Underground submitted a Base Bid in the amount of $3,939,741.50 an Additive Alternate Bid No. 1 of $402,021.00 and an Additive Alternate Bid No. 2 of $83,350 for a total of Base Bid + Additive Alternate Bid No. 1 + Additive Alternate Bid No. 2 of$4,425,112.50. Based on the staff's confirmation that the budget is sufficient, LJA recommends that the City award the Project to MAX Underground Construction, LLC. for the following amount: Base Bid + Alternate Bid No. 1 + Alternate Bid No. 2 $4,425.112.50 If you have any questions, or require any additional information, please contact our office. Very truly yours, Don Rehmet, PE, RPLS Vice President cc: Pablo Martinez, PE, Project Manager, City of Corpus Christi Attachments: - Bid Tabulation - Bid Proposal from Each Contractor (6 Total) - Section 00 45 16 Statement of Experience Documentation from MAX Underground TABULATION OF BIDS DEPARTMENT OF END IN EF_ CITY OF CORPUS CHINSI TABULATED BY: eENR9en mein 9P.E^CR.P.L.9. ESTIMATE:$4,660,000 IS Bi0) BID DATE: 5$016 LAG OergN. Construction,LLC ompany,LLC kNPepe�line Bervcg 1111 Bpecialtiez,Inc. Bpigz CenziructieN Co.,Inc. haler ompany,Inc. NCO-JAE o0f Coypus ClrsO PCojenlNo.E10054EMENT A%D PO.Box2]1106 Pe teTey Drive 229 P.O.Bex 60069 ngineering,Inc.Preject Ne.000]1204] Corpuz Chnzti,T%]642] Leopar0 Street Corpuz ChIl T%]6466 Corpuz Clnzti,T%]6409 ITS" PTION R DDANTItt D RTA ja GENER Alon(Max 5%) 6195 DDpDD 8 0 8 885258] 8 ] 82➢542500 8 0 812000000 8 0 822000200 8 0 81820]300 8 -7300 8 3 0 8 0 8 112366.11 8 1 8 8 0 8 0 $ 4000000 8 0 8 14000000 8 0 8 6500000 865 000 00 8 2 0 8 0 8 4 4 8 4 $ 1 5 8 5 8 1600000 8 0 8 5000000 $ 0 $ 3500000 8 35 00000 8 0 8 0 8 is 046.14 8 4 8 1 0 8 0 8 250000 8 0 8 1 0 8 0 $ 2450000 8 24 500 00 PDoal4tlon $ 0 8 0 8 4696]3 8 5 8 5 8 5 8 0 8 0 8 0 8 0 8 0 8 1 750d) L6 28 5 0 8 0 8 5000000 8 0 8 5 0 8 0 8 50000.00 8 0 8 5 0 8 0 8 50000.00 8 OU JJU 00 8 2 0 8 0 $ 2500000 6 0 $ 2 0 8 0 $ 2500000 8 0 $ 2 0 8 0 $ 2500000 8 25 000 00 $ 5 8 465 00 8 1 075 545 00 8 536 113 $ 124013x.34 8 467 75 8 1 d3l 905 75 8 630 00 8 1 457 19000 $ 0 8 0 8 0 8 1 112 55300 LF 437 8 0 8 0 8 6 8 2 8 5 8 5 8 0 8 0 8 0 8 0 8 0 8 5nally Drlllletl 360Fuslble 0905(DR-18)PkVCnCasing 8 17500 8 31237500 87 8 9 8 5 8 5 8 0 $ 0 8 0 8 0 8 0 8 353 97000 atety 8 0 8 0 $ 6324.93 6 37 949 SO $ 13 675 00 8 112 050 00 $ 12000.00 8 72 000 00 8 1 000 00 8 6 000 00 8 500 00 8 3 00000 8 220 00 8 239 51SO 00 8 140 64 8 153 156 96 8 263 33 8 B36 766 37 8 230 00 8 250 470 00 8 2913 00 8 324 522 00 8 139 54 8 206 40906 8 250 00 8 272 500 00 8 142 06 8 154 345 40 8 263 33 8 B37 029 70 8 23Y 00 8 259 420 00 8 00 8 335 720 00 8 206 73 8 225 33-0 1 212LF 96 8 0 8 0 8 ] 8 2 8 3 8 3 8 0 8 0 8 0 8 0 8 1 8 19 613 76 905(2111)PVC F once Maln(10'102) 8 31500 8 976500 8 145 36 8 4 521 66 8 B34 013 8 3 306 413 8 250 00 8 7 75000 8 35300 8 1094300 8 230 12 8 7 13372 US LF 215 8 315 00 8 67 725 00 8 142 47 8 31 921 05 8 325 513 8 69 999 70 8 315 00 8 67 725 00 8 403 00 8 36 645 00 8 4 8 60 574 10 8 345 00 8 63 135 00 8 151 32 8 27 7S3 06 8 339 41 8 62 112 03 8 315 00 8 57 645 00 8 433 00 8 79 239 00 8 436 60 8 79 397 ISO 8 0 8 0 8 9 8 6 8 3 8 2 8 0 8 0 8 0 8 0 8 0 8 27 040 00 W,PSntln9 o 8 23 50 8 63 544 00 $ 23 42 8 63 429 92 8 43 513 8 117 340 32 8 20 00 8 54 U30 00 8 25 00 8 67 600 00 8 20 53 8 55 513 12 sung 13"FM(Incl.All Req'tl 11 FM Plpe-Appurtenances 1 (Esd utll ng TeeaRed cerEantl Plug Valve 6Do a),Llne Stop wOh Dypass,6 Coo,d,natlon wIN 1 6 36 000 00 8 36 000 00 6 66779 92 8 60 779 92 6 57 002 33 8 57 002 33 6 7000000 8 70 000 00 6 40000 00 8 40 000 00 6 4139005 8 41 390 35 City Operating Department) 8 0 8 0 8 0 $ 0 8 0 8 0 8 0 8 0 8 0 8 0 8 503061 8 5 U30 61 8 0 8 0 $ ]5]1.91 8 1 1 1 0 8 0 8 1050.00 8 0 8 0 8 0 8 0 8 5 44030 8 3 025 00 8 3 025 00 8 321732 8 3 B37 32 8 3 8 3 160 53 8 750000 8 7 500 00 8 2 500 00 8 2 50700 8 2610.0] 8 2 910 07 B17 13 Plug Valve aDos EA 1 8 6 575 00 8 6 575 00 $ 9091.14 8 9 391 14 8 3 B31 33 8 3 Y31 33 $ 2500000 8 25 000 00 $ 10 000 00 8 10 000 00 8 6 137 29 8 6 137 29 8 2 425 00 8 0 $ 260971 8 2 609 71 8 2 5513 413 8 2 5513 413 $ 1200000 8 12 000 00 8 4 500 00 8 4 500 00 8 2 126 91 8 2 126 91 8 1 0 8 0 $ 21021.11 8 6 $ 1 5 8 0 $ 3500000 8 0 $ 1 0 8 0 $ 1 5 8 36 362 90 8 272500 8 1907500 $ 2513 37 8 20 39709 8 2 332 313 8 19 326 66 $ 530000 8 37 10000 8 300000 8 21 00000 8 2 7513 00 8 1730600 B21 24 22 5-Bend EA 3 8 2 725 00 8 3 175 00 $ 251292 8 6 8 2 332 313 8 3 497 14 6 530000 8 15 900 00 8 3 000 00 8 9 000 00 8 2759 00 8 3 277 00 B22 24 45-Bend EA 17 8 2 950 00 8 50 150 00 $ 2765 44 6 1 8 4 8 1 $ 530000 8 0 8 0 8 0 8 00 8 47 447 00 8 0 8 0 $ 10595.5 8 0 $ 1 0 8 030 676 00 $ 2500000 8 150 000 00 $ 10 000 00 8 60 000 00 $ 1253].21 8 75 223 60 EA 6 8 0 8 0 $ 201104 8 4 8 0 8 0 8 0 8 0 8 0 8 0 8 0 8 1 500 00 Adjust Manhole Ringeanh Cover EA 28 0 8 0 6 1635 46 8 0 8 0 8 0 6 1500.00 8 0 8 0 8 0 6 0 813 730 00 B26 Connect New 24 18 0 8 0 8 56360] 8 7 8 0 8 0 8 100000 8 0 8 1 0 8 0 8 14$92.09 814 592 09 8 5 00 8 14 590 00 8 10 27 8 29 967 36 8 12 45 8 36 329 10 8 10 00 8 29 1IYO 00 8 17 00 8 49 606 00 8 3 90 8 11 3YO 20 8 3 50 8 10 213 00 8 2 01 8 5 365 113 8 4 913 8 4 8 5 00 8 14 590 00 8 1 00 8 0 8 3 36 89 304 42 P 8 0 8 0 8 6 $ 1 8 2 8 6 8 2 8 6 8 0 8 0 8 6 811 263 42 yp eD n ase per TxDOTStd Spec tem No.24](-de 2 913 $ 0 8 0 $ 6 6 1 $ ] 8 6 6 0 6 0 6 0 8 0 6 3 8 Rep75 U30 14 a r Lm Beyond E.O.P) oat(0.20 GallonsSV) 8 0 8 0 8 1 8 4 8 6 8 4 8 0 8 0 8 0 8 0 8 5 8 3 650 00 3°Type'D'HMAC SY 2 747 8 23 50 8 64 554 50 8 33 513 8 92 244 26 8 26 62 8 73 125 14 8 30 00 8 32 410 00 8 25 00 8 613 675 00 8 B3 51 8 713 316 97 B33 Reflect-PY,eld LF 3 092 8 1 00 8 3 092 00 8 3 65 8 11 B35 ISO 8 1 00 8 3 092 00 8 1 00 8 3 092 00 8 1 00 8 3 092 00 8 0 90 8 2 7S2 ISO 8 1 00 8 140 00 8 10 05 8 1 407 00 8 1 00 8 140 00 8 1 00 8 140 00 8 1 00 8 140 00 8 0 90 8 126 00 8 0 8 0 8 1 8 3 8 0 8 0 8 0 8 0 8 0 8 0 8 0 8 974 70 B36 RN,ed Reflect-P—Dent rking,JVII--)Yellow 0 mil EA 53 $ 11 0 8 0 8 34 61 8 4 424 33 8 12 45 8 659 35 8 12 00 8 636 00 8 100 00 8 5 300 00 8 11 20 8 593 60 B37 AID Fence LF 4 320 8 2 20 8 10 604 00 8 2 64 8 12 724 ISO 8 4 36 8 21 015 20 8 3 00 8 14 460 00 8 2 00 8 9 640 00 8 3 64 8 17 544 ISO 8 205 00 8 1 435 00 8 573 01 8 4 011 07 8 311 25 8 2 1713 75 8 175 00 8 1 225 00 8 100 00 8 700 0 0 $ 2 8 8 0 8 0 8 6 $ 1 8 ] 8 1 8 0 8 0 8 0 $ 0 8 3 8 SUBTOTAL PART B NEW FORCE MAIN 8 8 6 3"S 925.95 8 8 8 PART C N EW GATEWAY LIFT 37ATION 8 2 0 8 0 8 256]603 8 3 8 3 ] 8 ] 8 1200000 8 0 8 3 0 8 0 8 113]2 34 8113 37234 8 215,000.00 8 0 1 26554/0/ 8 1 8 2]5,9]4.1] 8 ] 6 24]4]200 8 0 8 666000.00 8 0 8 30/14204 814204 C3 Open T,ench 6 C900(DR ll3)PVC FoDe Call, LF 1 10 8 0 8 0 $ 1 8 0 8 2 8 0 8 0 8 0 8 0 8 0 8 ] 85 430 70 110 00 8 0 8 0 8 9 8 0 8 5 8 0 8 0 8 0 8 0 $ 0 8 0 8 Win 8 0 8 0 8 1 8 0 8 5 8 0 8 0 8 0 8 0 8 0 8 0 8 2 530 00 EA 1 8 0 8 0 8 4 8 4 8 0 8 0 8 0 8 0 8 0 $ 0 8 2 8 8 0 8 0 $ 4309.]4 6 1 8 4 8 1 $ 3200.00 8 0 8 0 8 0 8 1314.30 82 76260 6 45-Bend(on ROD 6 C900 PVC F iU.TOTALPARTC NEW GATEWAY LIFT 37ATION Ute.s ON t;4IU CIN 8 0 $ 0 8 1 8 4 8 1 $ 4 8 0 $ 0 8 0 8 0 8 0 8 8 323,5]5.00. 8 8 8 8 8 LNG .ePgroun. .1to,6.Ol ,LLC 1431S ..p..:y,LLC knPepallne OLD" Brl.gg 3peclalilez,Inc. 9plgz Conzirucilon Ce.,Inc. .a.or ompany,Inc, �C.y o�Cospus C.rs�PCojenlNo.Et.05aEMENT N%V ...6.x2]11.6 Pe torey.rlI 229 CP0,6 x16089 LOA Englneering,Inc.Project No.C..]12.a] Corpuz C.nzil,T%]e42] Leopard StreetTX 783 Corpuz C.nzil,T%76466 Corpuz C.nzik T%]ea.9 ITS R GIINNTItt V PART D GRAVITY WAST AT�E UP 0V Dl GPD P11 Ld Ab,Id sung 4N FM LF 21 8 0 8 0 8 94 59 8 1 98639 8 21 17 8 ] 8 0 8 0 8 0 8 0 8 9 827699 D2 GPD P11 Ld Ab, LF 22 8 0 8 0 8 3 8 6 8 0 8 0 8 0 8 0 8 0 8 0 8 9 8 18 8 0 8 0 8 5 8 44 D12 8 9 8 5 8 0 8 6025.00 8 0 8 0 8 5 8 500.25 ewagea trout nanbaAbanbonnln�Place Eslsling l2"wwL 8 0 8 0 8 ] 8 3052070 8 ] 8 0 8 0 8 1005000 8 0 8 0 8 4 8 9164 40 ewage an b Grout Fl 11 Bottom of EslstOg 4Manbo le to F 1­1 EA 1 8 2 100 00 8 2 100 00 8 2 267 61 8 226761 8 13 906 65 8 13 906 65 8 1 700 00 8 1 700 00 8 2 000 00 8 2 000 00 8 1 234 5D 8 123453 Ring'Cover,Top 2 ­h, and Grout a ntl Abandon-In-Pla se Exlsiing­h,le EA 4 8 1 250 00 8 5 000 00 8 2 267 61 8 90704 8 11 777 70 8 47 110 DO 8 2 000 00 8 BDOD.00 8 2 000 00 8 D 000 00 8 1 09D 45 8 409300 8 625 00 8 625 00 8 591 D3 8 591 D3 8 1 559 99 8 1 559 99 8 750 00 8 750 00 8 1 000 00 8 1 000 00 8 167 1 8 31 DO 12 AD R26 PVC(1 oa12) 8 0 8 0 8 4 8 ]695.60 8 2 8 0 8 0 8 0 8 0 8 0 8 1 8 32$.15 DO 11 AD 26 PVC 1 2 174C"t PO'I LF 106 8 155 00 8 16 430 00 8 36 13 8 3029 GO 8 136 76 8 14 496 56 8 160 00 8 16560.00 8 1 200 00 8 127 200 00 8 142 35 8 15039.10 o 8 2 50 8 927 50 8 9 39 8 3 4D3 69 8 7 47 8 2 771 37 8 15 00 8 556500 8 1 00 8 371 00 8 5 00 8 1 055 00 Dl 1 1­11 nting I LF 1 371 1 8 27 00 8 10 017 00 1 8 23 48 1 8 3 8 3 8 3 8 0 8 0 8 0 8 0 8 0 8 BD3300 8 0 8 0 8 7 8 23026.35 8 0 8 0 8 1 0 8 50000.00 8 2 0 8 0 8 4 8 35 432 20 MT 8 0 8 0 8 9 8 3 8 1 8 ] 8 0 8 2160000 8 0 8 0 8 ] 8 1]335.39 8 0 8 0 8 5 8 4696.775 8 0 8 0 8 1 0 8 5000000 8 0 8 0 8 0 8 250000 EA 5 8 0 8 0 8 1$4.52 8 0 8 ] 8 5 8 0 8 2$0000 8 0 8 0 8 13�B.�6 8 sung WW Service 8 0 8 0 8 5 8 0 8 0 8 0 8 2L00.00 8 0 8 1 81000000 8 ] 8ll�70 8 1 350 00 8 1 350 00 8 1 494 61 8 3 500 00 1 3 000 00 80 8 0 8521 00 8 1500000 8 0 8 3 3 8 3 8 ] 0 8 0 8 750008 8 0 8 5000000 8 0 8 23202.00 8 8 PARTS FLOWMETERS 8 0 8 0 8 4 8 4 8 0 8 0 8 0 8 335200 8 1 0 8 0 8 3 87 795 8 0 8 0 8 3 8 5293.53 8 ] 8 ] 8 0 8 0 8 0 8 0 8 2 8 6551.42 L3 11 L�LeLffi 8 0 8 0 8 2 8 2 8 1 0 8 0 8 0 8 3250.00 8 0 8 0 8 2 8 918452 of ty e 8 0 8 0 8 5 8 5 8 0 8 0 8 0 8 2200 20 8 0 8 0 8 0 8 E5 lAdi,,t Manhole POP and Co­ I EA 1 18 0 8 0 8 6 8 6 8 ] 8 ] 8 0 8 0 8 0 8 0 8 3 8DO 250 00 8 8 8 8 26949.00 8 8 26965... PART F ELECTRICAL 8 15 000 00 8 15 000 00 8 15 000 00 8 15 poo 00 8 15 000 00 8 15 000 00 8 15 000 00 8 15 DO-1 1 0 8 0 8 1 0 8 15 poo 00 F2 Se­e Call, EA 1 8 0 8 0 8 1 6 8 6 8 0 8 0 8 0 8 410 00 8 0 8 0 8 2 8 621062 8 2 50000 8 250000 8 27 11721 $ 27 117 1 8 0 8 0 8 0 8 311600 8 1 0 8 0 8 7 8 2DOD 2] 8 0 8 0 8 2 8 946502 8 2 230 D4 8 2 230 D4 8 2 1 9D 00 8 2 1 9D 00 8 1 000 00 8 1 000 00 8 2 107 01 8 2 107 F5 ­da Panel EA 1 8 6 0 8 0 8 1 9 8 9 8 4 5 8 5 8 4 0 8 41 D20.00 8 6 0 8 0 8 4 3 8 49051.53 F6 MO,Po­lone EA 1 8 7 500 00 8 7 500 00 8 12 430 12 812 2 8 0 8 0 8 0 8 552000 8 0 8 0 8 3 8 529053 8 0 8 0 8 2 9 8 20 D77 8 5 727 00 8 5 727 00 8 5 520 00 8 552000 8 7 000 00 8 7 000 00 8 5 290 53 8 529053 aDo le F 8 0 8 0 8 4 3 ] 8 7 8 0 8 0 8 0 8 503000 8 0 8 0 8 6 8 563556 F9 F too bugnt antl 00411.44 8 0 8 0 8 1 8 6350.31 8 4 506 90 8 4 506 90 8 4 344 00 8 4 344 00 8 3 500 00 8 3 500 00 8 4 163 42 8 42 8 0 8 0 8 9 8 27 557 00 8 6 8 0 8 3 8 1544 00 8 0 8 0 8 7 8 165115.00 8 D 000 00 8 D 000 00 8 D 9D5 56 8 353556 8 D 565 60 8 D 565 60 8 D 256 00 8 325600 8 10 000 00 8 10 000 00 8 7 912 79 8 ]512]9 8 1 0 8 0 8 2 3 8 3 8 5 8 5 8 0 8 310400 8 2 0 8 0 8 6 8 364506 aSopp ort Ra dk EA 1 8 5 500 00 8 5 500 00 8 14 05D 3D 8 14053.33 8 3 735 00 8 3 735 00 8 3 600 00 8 360000 8 6 000 00 8 6 000 00 8 3 450 5 8 8 0 8 0 8 2 7 8 232340] 8 0 8 0 8 0 8 0 8 0 8 0 8 3 8 2300.23 8 0 8 0 8 3 8 900563 8 0 8 0 8 0 8 3640.00 8 0 8 0 8 3 8 323003 8 0 8 0 8 0 8 566140 8 0 8 0 8 0 8 0 8 0 8 0 8 6 8 SUBTOTAL PART F ELECTRICAL Ul DID FISH 8 8 2]0,356.39 8 8 8 8 114993.54 ADDITIVE ALTERNATE NO.1 FULL WIDTH PAVEMENT RECONSTRUCTION 8 1 0 8 0 8 1 4 8 11�B504 8 2 0 8 0 8 1 0 8 1500000 8 1 0 8 0 8 1 0 8 1500000 8 1 0 8 0 8 1 0 8 1605230 8 1 0 8 0 8 0 8 500000 8 0 8 0 8 0 8 ]04000 20D00.00 1 8 20,000.00 1 31 1 ADD St,eet­a 8 0 8 0 8 ] 8 55520.15 8 5 8 5 8 24]1 0 0 8 0 8 0 8 0 8 0 8 2123550 31 2 ADDeobgatl vrepaatlon(1 Beyond E.o P)PART B 1 NEW FORCE MAIN 8 0 8 0 8 1 8 10544 45 8 3 8 0 8 0 8 21235.50 8 0 8 0 8 6 8 iB 295.24 SY 5445 8 6 00 8 3267000 8 5 76 8 31 363 20 8 4 25 8 23 141 25 8 4 32 8 23522 40 8 4 00 8 21 730 00 8 3 DO 8 2101]]0 AA2D 2D 116 Type ArGatlel2nCrusoetl,um estone Base per T m OT std.Sp ec Item N o.24] 8 0 8 0 8 6 8 2030]021 8 2 8 0 8 3 8 14309460 8 0 8 0 8 3 8 140/9905 (1'Beyond E.OP) SY 5445 31 5 ADD P,Pe Coat N 20 GallonISY) GAL 1069 8 6 00 8 6 534 00 8 37 37 8 4069593 8 D 96 8 9 757 44 8 5 52 8 601120 8 5 00 8 5 445 00 8 6 25 8 600625 4503 8 25 00 8 122 700 00 8 33 29 8 16333732 8 26 62 8 130 650 96 8 29 00 8 142 332 00 8 25 00 8 122 700 00 8 24 51 8 12029503 8 1 00 8 64D 00 8 4 79 8 3 103 92 8 0 93 8 602 64 8 1 00 8 64D 00 8 1 00 8 64D 00 8 0 D4 8 544 32 31 8 ADD RefleD­P110 8 1 00 8 110 00 8 11 DO 8 1306.30 8 0 93 8 102 30 8 1 00 8 110 00 8 1 00 8 110 00 8 0 D4 840 rkings TY(N 1 )P()(e)(100m1) 4664 8 0 8 0 8 5 8 1655]21 8 3 8 2 8 0 8 4664.00 8 0 8 0 8 4 8 3591].]6 8 15 00 8 285 00 8 1 16 32 8 2 210 DO 8 9 96 8 1 DO 24 8 12 00 $ 22D 00 8 0 8 0 8 6 8 170 24 MAIN I,—61:1 t.ru 61:10) g g g 6 364916.6 8 353,267.008 332474.30 ADDITIVE ALTERNATE NO.2 FLOWMETERS 8 1 0 8 0 8 3 8 3 8 0 8 0 8 12222 oo 8 0 8 0 8 0 8 450000 84 90000 8 0 8 0 8 133]692 8 2 8 0 8 0 8 0 8 0 8 0 8 0 8 150000 81 50000 8 8 2',5'6.2. 8 8 '39...00 8 8 6400.00 LNG EePgrounE Consirunion,LLC ompany,LLC knPepersline LLC " Bridge 3pecialtiez,Inc. Bpigz Construction CeEE.,lnc. habor ompany,Inc, .b,xCby o�Cospus Chrs�PCojenlNo.E.— A%x .O.Box2]ite6 Pe torey Qrive I CCP1C 229 CPO,B x16089 Engineering,Inc.Project No.Cee]1264] Corpus Chxzti,T%]642] Leopard StreetTX 783 Corpus Chxsti,T%76466 Corpus Chxzti,T%7648 ITE R QxAxTltt x our(4)IJfi Stations(Esdutles Meter Cost 8 0 8 0 8 147033] 8 0 8 0 8 0 8 235200 8 0 $ 2 0 8 0 8 0 8 31 18392 8 0 8 0 8 529053 8 2 8 7 8 0 8 ]50000 8 0 80 8 0 8 6551.42 8 27 80568 8 F OUT UU 3U UUU UU 18 ]264]2 8 0 18 1 ] bIJ Ub JIJ 02 8 50 00 33 00000 2 8 0 8 0 8 950450 8 38 01832 EA I 8 0 8 0 8 5 8 0 8 0 8 0 8 270000 8 0 8 0 8 0 8 0 81 00000 $ 8 BID SUMMARY PART A GEN nL Items All MIT n� 8 0 8 1 8 0 8 0 8 0 8 MAINPART B NEW FORCE Items 31 MIT 339) 8 0 8 ] 8 5 8 a552,io77 8 0 8 2730,120.26 PART C NEW GATEWAY LIFT STATION Items Cl MIT ca) $ 32357500 310741 37 334 345 7 276 0 872996000 339 52230 PART D GRAVITY WASTEWATER IMPROVEMENTS(IRP,0l inru 313) 8 0 8 i 8 0 C33 b2l JU 8I Ol 114 Ob PART FE EFLLE07WM TE 11-1 El thl,E51 8 0 8 0 8 4 8 0 8 0 8 26735.00 PART TF_L__RS8 0 8 9 8 4 8 0 8 0 8114 29354 TOTAL BASE BID PARTSAtB CLD E&F 3939]41.50 4229113.14 44]05312]6 $ 45890]0.26 $ 49]8106.00 3863126.25 2z 222 22 8 2]baF.14 8 0 8 20 poo oo 8 0 8 2274000 8 0 8 5 8 0 8 3 8 0 8332 47430 TOTAL ADDITIVE ALTERNATE NO.I PARTS AI&B1 402021.00 $ 56199].39 $ 410096.10 1$ 404316.]8 1$ 3]3261.00 $ 354514.30 8 0 8 2151320 8 0 8 1a 7oo oo 8 0 8 8 0 8 113223 e3 8 6 8 0 8 0 8 9F'u, 6 40000 PARTE2-FLOW METERS Items E2.i O.E2:4 65,2000 125,5fi5] 1012—ut TOTAL ADDITIVE ALTERNATE N0.2 PARTS A2&E2 83350.00 $ 134]42.08 $ 13]382.]6 $ 118208.00 1$ 231500.001$ 10.140].92 aidelNBz.001 2 tez2aa s x t 4 x E t 2 as o.t l.$t5,059I eaeBid l.$1 5B4I eaea ael.84,a92.46I ee oe o rrors eaeBM 1.'$2.50) Attl b_Alt .$],15o ompany,Inc.Eli is n.n pensive duet.facturet.submit asigned Bid Acknowledgement Form. 2 Th ehighl�ghted Iare s with Eold borders indicate an error in an epenzion which did not affect the low Eid.T e x Quantity.T n updated accordingy. al quantity for Item B31 iz 584.Q he precision setting ofihe cell containing thevalue,pxntedcepes oI th. Id 1—dispIlEdeth a value564,but-prenzonr.und,nigsdId not apply I.th.CIICazt bids,wtlere 583.6—used.All bids Ea%e been co rrected I.the quantity.1564. 4.Base BId Summary for Pax B was incorrect and is shown az corrected. 00 30 00 BID ACKNOWLEDGEMENT FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with the Drawings, Specifications,and Contract Documents,this Bid Proposal is submitted by MAX Underground Construction LLC (type or print name of company)on:Wednesday,July 25,2018 at 2:00 P.M.for Laguna Shores Road Force Main Replacement,Project No.E10054. 1.02 Submit Bids, Bid Security and all attachments to the Bid (See Section 7.01 below)to the City's electronic bidding website at www.CivCastUSA.com. If submitting hard copy bids or bid security in the form of a cashier's or certified check, please send to: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid—Laguna Shores Road Force Main Replacement,Project No.E10054 All envelopes and packages(including FEDEX envelopes) must clearly identify,on the OUTSIDE of the package,the project name and number and that bid documents are enclosed. ARTICLE 2—BIDDERS'S ACKNOWLEDGMENTS 2.01 Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with Owner on the form included in the Contract Documents,to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents. 2.02 Bidder accepts all of the terms and conditions of SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS,including those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids. 2.03 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement. 2.04 Bidder acknowledges receipt of the following Addenda: Addendum No. Addendum Date Signature Acknowledging Receipt Bid Acknowledgement Form 00 30 00-1 Laguna Shores Road Force Main Replacement—Project No.E10054 Rev 01-13-2016 ARTICLE 3—BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost,progress,and performance of the Work. 3.03 The Bidder is familiar with Laws and Regulations that may affect cost, progress,and performance of the Work. 3.04 The Bidder has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; C. Underground Facilities referenced in reports and drawings; D. Reports and drawings relating to Hazardous Environmental Conditions,if any, at or adjacent to the Site; and E. Technical Data related to each of these reports and drawings. 3.05 The Bidder has considered the: A. Information known to Bidder; B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site;and D. The Contract Documents. 3.06 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information, observations,and documents on: A. The cost, progress, and performance of the Work; B. The means, methods,techniques, sequences,and procedures of construction to be employed by Bidder; and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs, Bidder agrees that no further examinations, investigations,explorations,tests,studies,or data are necessary for the performance of the Work at the Contract Price,within the Contract Times,and in accordance with the other terms and conditions of the Contract Documents. 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder,information and observations obtained from visits to the Site,reports and drawings identified in the Contract Documents,and Bid Acknowledgement Form 003000-2 Laguna Shores Road Force Main Replacement—Project No.E10054 Rev 01-13-2016 all additional examinations,investigations,explorations,tests,studies, and data with the Contract Documents. 3.10 The Bidder has given the OAR written notice of all conflicts, errors,ambiguities,or discrepancies that the Bidder has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Bidder. 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 4—BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents at the unit prices shown in the BID FORM. A. Extended amounts have been computed in accordance with Paragraph 13.03 of the General Conditions. B. Bidder acknowledges that the estimated quantities are not guaranteed,and final payment for all Unit Price items will be based on actual quantities provided,measured as provided in the Contract Documents. C. Unit Price and figures column will be used to compute the actual Bid price. ARTICLE 5—EVALUATION OF BIDDERS 5.01 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides the best value for the Owner. The Owner will consider the amount bid,the Bidder's responsibility,the Bidder's safety record,the Bidder's indebtedness to Owner and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder.The Owner reserves the right to waive any and all irregularities in determining the Bidders' responsibility or value,and whether the Bidder has met the minimum specific project experience requirements,and reserves the right to require the submission of additional information. 5.02 The Owner has the right to accept a Bid, reject any and all Bids,to waive any and all irregularities in the Bids,or to reject non-conforming, non-responsive or conditional Bids. In addition,the Owner reserves the right to reject any Bid where circumstances and developments have, in the opinion of the Owner,changed the responsibility of the Bidder. 5.03 Material misstatements in the documentation submitted to determine the Bidder's responsibility,including information submitted per SECTION 00 4516 STATEMENT OF EXPERIENCE,may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement,if discovered after award of the Contract to such Bidder,may be grounds for immediate termination of the Contract. Additionally,the Bidder will be liable to the Owner for any additional costs or damages to the Owner resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. Bid Acknowledgement Form 003000-3 Laguna Shores Road Force Main Replacement—Project No.E10054 ReV01-13-2016 ARTICLE 6—TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within 270 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions. Bidder will complete the Work required for final payment in accordance with Paragraph 15.06 of the General Conditions within 300 days after the date when the Contract Times commence to run. 6.02 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within the number of days indicated. ARTICLE 7—ATTACHMENTS TO THIS BID In compliance with the Bid Requirements in SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS,the following are made a condition of this Bid: A. Bid Security. B. SECTION 00 30 00 BID ACKNOWLEDGEMENT FORM and documentation of signatory authority. C. SECTION 00 30 01 BID FORM. D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. SECTION 00 30 05 DISCLOSURE OF INTEREST. F. SECTION 00 30 06 NON-COLLUSION CERTIFICATION. ARTICLE 8—DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9—VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County,Texas for any legal action. ARTICLE 10—SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name, state of residency,and federal tax identification number in the Bid Form. 10.02 The Bidder,or the Bidder's authorized representative, shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner,or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s)signing the Bid must have the authority to bind the Bidder to a contract, and if required,shall attach documentation of signatory authority to the Bid Form. Bid Acknowledgement Form 003000-4 Laguna Shores Road Force Main Replacement—Project No.E10054 Rev 01-13-2016 10.03 Bidders who are individuals("natural persons"as defined by the Texas Business Organizations Code§1.002), but who will not be signing the Bid Form personally,shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the individual(s)authorized to execute documents on behalf of the Bidder. Bidders using an assumed name (an "alias")shall submit a copy of the Certificate of Assumed Name or similar document. 10.05 Bidders that are not residents of the State of Texas must document their legal authority to conduct business in Texas. Nonresident Bidders that have previously registered with the Texas Secretary of State may submit a copy of their Certificate of Authority. Nonresident Bidders that have not previously registered with the Texas Secretary of State shall submit a copy of the Bidder's enabling documents as filed with the state of residency,or as otherwise existing. Bid Acknowledgement Form 003000-5 Laguna Shores Road Force Main Replacement—Project No.E10054 Rev 01-13-2016 ARTICLE 11—BID SUBMITTAL 11.01 This Bid is submitted by: Bidder: _ MAX Underground Construction LLC (typed or printe ull legal name of Bidder) By. ` (individual's signature) Name: Maximiliano Salinas (typed or printed) Title: President (typed orprinted) Attest: 70 (individual's signature) State of Residency: State of Texas Federal Tax Id. No. 61-1688364 Address for giving notices: P.O Box 271106 Corpus Chisti, Texas-78427(Mailing) 3801 Saturn Suite 103 Corpus Christi, Texas-78413(Physical) Phone: 361-334-2832 Email: MAX Construction 10(aD-yahoo.com (Attach evidence of authority to sign if the authorized individual is not the Bidder, but an individual signing on behalf of another individual Bidder,or if the authorized individual is a representative of a corporation, partnership,or joint venture.) END OF SECTION Bid Acknowledgement Form 003000-6 Laguna Shores Road Force Main Replacement—Project No.E10054 Rev 01-13-2016 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder"refers to a person who is not a resident of Texas. "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that is correct for Bidder. ❑ Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of Bidder(includes parent company or majority owner)qualifies as a resident bidder whose principal place of business is in the State of Texas. The Owner will use the information provided in the State of Texas Comptroller's annual publication of other states' laws on contracts to evaluate the Bids of nonresident Bidders. Bidder: Company Name: MAX Underground Construction LLC (ty or printed) By: (signature--attach evidence of authority to sign) Name: _ Maximiliano Salinas (typed or printed) Title: President Business address: P.O Box 271106 Corpus Christi, Texas-78427( Mailing) 3801 Saturn Suite 103 Corpus Christi, Texas 78413( Physical) Phone: 361-334-2832 Email: MAX Construction I Oa-vahoo.com END OF SECTION Compliance to State Law on Nonresident Bidders 00 30 02-1 Laguna Shores Road Force Main Replacement—Project No. E10054 11-25-2013 00 30 05 City of Corpus Christi Disclosure of Interest SUPPLIER NUMBER TO BE ASSIGNED BY rrV— PURCHASING DIVISION ..... Cf CITY OF CORPUS CHRISTI is of Christi DISCLOSURE OF INTEREST Ciry 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: MAX Underground Construction 11 C P.O.BOX: 9711 OFiCnrpi IS ChriQtl TcYae-7R427( Mailing) STREET ADDRESS: 3$n1 i�rn Si�itc 1,L13 CITY: rnr ins rhricti� TAYnSZEP' 72d1' FIRM IS: 1. Corporation 2. Partnership ❑ 3. Sole Owner ❑ 4. Association Ll 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) 2. State the names of each `official' of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm" Name Title NUNh 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 City of Corpus Christi 00 30 05-1 Disclosure of Interest Rev 01-13-2016 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: MaYimilennn Snfi Title: president (type or Prim) Signature of Certifying Date: Person: July 95,20-113 DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain,whether professional, industrial or commercial,and whether established to produce or deal with a product or service, including but not limited to,entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads,and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest" Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. City of Corpus Christi 003005-2 Disclosure of Interest Rev 01-13-2016 00 30 06 NON-COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi,Texas 1201 Leopard Street Corpus Christi,Texas 78401 CONTRACT: Laguna Shores Road Force Main Replacement Project No. E10054 Bidder certifies that they have not been a party to any collusion among Bidders in the restraint of freedom of competition by agreement to submit a Bid at a fixed price or to refrain from bidding;or with any official or employee of the Owner as to quantity,quality,or price in the prospective contract, or any other terms of said prospective contract;or in any discussion between Bidders and any official of the Owner concerning exchange of money or other thing of value for special consideration in the letting of a contract. Company Name: MAX Under round Construction LLC (ty ed or printed) By: C&0�� (signature--attach evidence of authority to sign) Name: Maximiliano Salinas (typed or printed) Title: President Business address: PO Box 271106 Corpus Christi, Texas-78427 (mailing) 3801 Saturn Suite 103 Corpus Christi, Texas 78413( Physical) Phone: 361-334-2832 Email: MAX CONSTRUCTION 10(a)_YAHOO.COM END OF SECTION Non-Collusion Certification 003006-1 Laguna Shores Road Force Main Replacement—Project No.E10054 11-25-2013 00 30 01 BID FORM Project Name: Laguna Shores Road Force Mein Replacement Project E10054 Number: Owner: City ofCoM=Christi Bidder: OAR: Des uer: ILIA Engineering,Inc. Item DESCRIPTION UNIT UNIT PRICE EXTENDED AMOUNT BASE BID PART A-GENERAL(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Al Mobilization(Max.5%) LS 1 S 195,00000 S 195,000 00 A2 Bonds and Insurance LS 1 S 36,00000 S 36,00000 A3 Traffic Control LS 1 $ 25,00000 S 25,00000 A4 Storm Water Pollution Prevention Plan LS 1 S 7,50000 S 7,50000 A5 Ozone Action Day DAYS 5 S 27500 S 1,37500 A6 Contingency Allowance for Unanticipated Adjustments LS 1 $ 50,000.00 S 50,00000 A7 Contingency Allowance for Unanticipated Disposal of Ccintaminated Groundwater LS 1 S 25,000.00 S 25,00000 SUBTOTAL PART A-GENERAL(ITEMS Al THRU A7) S 339,875 00 PART B-NEW FORCE MAIN(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) Bl Directionally Dnlled 24"Fusible C905(DR-18)PVC Form Mein LF 2,313 $ 46500 S 1,075,545 00 B2 Encased 24"Fusible C905(DR-18)PVC Force Mein LF 437 S 30000 S 131,10000 B3 Directionally Drilled 36"Fusible C905(DR-18)PVC Casing LF 437 S 87500 S 382,37500 B4 Bae Pit Trench Safety EA 6 S 3,00000 $ 18,00000 B5 24"C905(DR-18)PVC Face Maur(0'-6) LF 1,089 S 22000 S 239,58000 B6 24"C905(DR-18)PVC Face Main(64) LF 1,090 $ 25000 S 272,50000 B7 24"C905(DR-18;PVC Force Main(8'-10') LF 96 S 27500 S 26,40000 B8 24"C905(DR-18)PVC Face Main(1 Of-]2!) LF 31 S 31500 S 9,76500 B9 24"C905(DR-18)PVC Force Maur(12'-14') LF 215 $ 315 00 S 67,72500 B10 24"C905(DR-18)PVC Face Maur(14 46) LF 183 $ 345 00 S 63,13500 Bl l Trench Safety for Open Cut Pipe Installation LF 2,704 $ 700 S 18,92800 B12 Well Pointing LF 2,704 S 2350 S 63,54400 B13 Camel New 24"FM to Existing 18'FM(Incl.All Req'd 18"FM Pipe and Appurtenances(Excluding Tee,Reducer, end Plug Valve&BoxX Line Stop with Bypass,&Coordination with City OperatingDepartment) LS 1 S 36,00000 S 36,000 00 B14 18"x6'Tapping Sleeve and Valve EA 1 S 4,70500 S 4,70500 B15 24"x6"Tapping Sleeve and Valve EA 1 $ 5,05000 S 5,05000 B16 18"Tee EA 1 S 3,02500 S 3,02500 B17 18"Plug Valve&Box EA 1 S 6,57500 S 6,57500 B18 24"xl8"Reducer EA 1 $ 2,48500 S 2,48500 B19 24"Plug Valve&Box EA 6 $ 14,550 00 S 87,30000 B20 24"11.25°Bend EA 7 S 2,12500 S 19,07500 B21 24"22.5°Bend EA 3 $ 2,725 00 S 8,17500 B22 24"45°Bend EA 17 $ 2,95000 S 50,15000 B23 4"AirNacuum Release Valve in.9 Diameter F G Manhole EA 6 S 9,000 00 S 54,00000 B24 Manhole Trench Safety EA 6 S 88000 S 5,280 00 Bld Form Pagel of 5 Laguna Shores Road Force Main Replacement-Project No E10054 Rev 01-13-2016 00 30 01 BID FORM Item DESCRIPTION UNIT ESTIMATED UNIT PRICE ECTENDEDAMOUNT QUANTITY 1325 Adjust Manhole Rug and Cover EA 5 S 1,950.00 S 9,75000 B26 Connect New 24"FbltoExisting Laguna Madre WWTPInfrastructure LS I S 61050.00 S 6,05000 B27 Street Excavation(Inside Trench Repair Lacots&1'Beyond E O P) SY 2,918 S 500 S 14,59000 B28 Subgrade Preparation(Imide Trench Repair Limits&1'Beyond E O P SY 2,918 $ 350 $ 10,21300 B29 TX-5 Geogrid(Inside Trench Repair Limits&l'Beyond E O P, SY 2,918 $ 600 S 17,50800 B30 10"Type A,Grade 1-2 Crushed,Limestone Base per TxDOT Std Spec Item No 247(Inside Trench Repair Limits& SY 2,918 S 2350 S 68,573 00 ,'Beyond E.O.P. B31 Prime Coat(0.20 Galloro/SY) GAL 584 S 500 S 2,91800 B32 3"Type'D'HMAC SY 2,747 S 2350 S 64,55450 B33 Reflective Pavement Markings TY 1(Y)(4")(SLD)(100 mill LF 3,092 $ 100 S 3,09200 B34 Reflective Pavement Markings TYl(Y)(4")(BKN)(100 mil) LF 140 $ 100 S 14000 B35 Reflective Pavement Marltings TY 1(W)(4")(SLD)(I OD mil) LF 1,083 S 100 S 1,08300 B36 Raised Reflective Pavement Markings(TYR-A-A)Yellow EA 53 S 11 00 S 58300 B37 Silt Fence LF 4,820 S 220 S 10,60400 B38 Inlet Protection FA 7 $ 20500 S 1,43500 B39 Hydromulch SY 1,183 S 15 50 S 18,336 50 SUBTOTAL PART B-NEW FORCE MAIN(ITEMS BI THRU 1339) S 2,879,847 00 PART C-NEW GATEWAY LIFT STATION(per SECTION 01 29 Ol MEASURFdv]ENT AND BASIS FOR PAYMENT) Cl Salvage,Demolish,and Fill In Existing Gateway Lift Station LS 1 S 20,00000 S 20,00000 C2 Construct New Gateway Lift Station LS 1 S 285,000 00 S 285,00000 C3 Open Trench 6"C900(DR-18)PVC Force Main LF 110 S 5500 S 6,05000 C4 Trench Safety for Open Out Pipe Installation LF 110 S 500 $ 55000 C5 Well Pointing LF 110 S 2500 S 2,75000 C6 6"Tee(on Prop 6"C900 PVC FM) EA 1 $ 82500 S 82500 C7 6"Plugon Prop.6 0900 PVC Valve( p " FIvT) FA 2 S 1,80000 S 3,60000 C8 6"45°Bend(on Prop.6"C900 PVC FM) EA 4 $ 1,200 00 S 4,800 00 SUBTOTAL PART C-NEW GATEWAY LIFT STATION(ITEMS Cl THRU CS) S 323,57500 PART D-GRAVITY WASTEWATER II17PROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Dl Grout Fill and Abandon-in-Place Existing 4"FM LF 21 $ 2300 S 483 00 D2 Grout Fill and Abandon-in-PleceExisting 8"WWL LF 22 S 2500 S 55000 D3 Grout Fill and Abandon-in-Place Existing 10"W WL LF 455 $ 4200 S 19,11000 D4 Remove Sewage,Grout,and Abandon-in-Place Existing 12"W%VL LF 310 $ 4500 S 13,95000 D5 Remove Sewage and Grout Fill Bottom of Existing T Manhole to Flowline EA 1 S 2,10000 S 2,10000 D6 Remove Ring&Cover,Top T of Manhole,and Grout and Abandon-in-Place Existing Manhole EA 4 $ 1,25000 S 5,00000 D7 12"WW Stub and Cep EA 1 S 62500 S 62500 D8 12"SDR26 PVC(1 U-1 2D LF 265 $ 135 00 S 35,77500 D9 12'SDR26 PVC(12'-14') LF 106 $ 15500 S 16,43000 Dl O Trench Safety for Open Cut Pipe Installation LF 371 S 250 S 92750 DI1 Well Pouting LF 371 $ 2700 S 10,01700 D12 4'Diameter FKl Manhole EA 5 $ 6,50000 S 32,50000 Bid Form Page 2 of 5 Laguna Shores Road Force Main Replacement-Project No E10054 Rev 01-13-2016 00 30 01 BID FORM Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDEDAMOUNT QUANTITILY D13 Manhole Extra Depth(>6') VF S 72500 S 19,575.00 D14 Manhole Trench Safety EA S 50000 S 2,500.00 D15 Adjust Manhole Ring and Cover EA 5 $ 1,80000 $ 9,00000 D16 Reconnect Existing WW Service EA 10 S 1,800 00 $ 18,00000 D17 Unanticipated Now WW Service EA 1 S 1,35000 S 1,35000 D18 WW Bypass Operations LS 1 $ 15,00000 S 15,000 00 SUBTOTAL PART D-GRAVITY WASTEWATER IMPROVEMEN'T'S(ITEMS Dl THRU DIS) S 202,892 50 PART E-FLOW METERS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) EI Install Flow Meter at One(1)Lift Station(Excludes Meter Cost) EA 1 S 2,5W 00 S 2,50000 E2 Ultrasonic Flow Meter by Fuji Electric,or Approved Equal EA 1 $ 5,70000 S 5,70000 E3 5'Diameter F/0 Manhole EA 1 $ 6,20000 S 6,200.00 E4 Manhole Trench Safety EA 1 S 300.00 S 300.00 E5 Adjust Manhole Ring and Cover EA 1 S 1,80000 S 1,60000 SUBTOTAL PART E-FLOW METERS(ITEMS EI THRU ES) S 16,50000 PART F-ELECTRICAL(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) FI AEP Electric Service Allowance LS 1 S 15,000.00 S 15,00000 F2 Service Main EA 1 S 3,60000 S 3,60000 F3 Pump Control Panel EA 1 S 2,50000 S 2,50000 F4 Junction Boxes LS 1 S 6,50000 $ 6,50000 F5 Scada Patel EA 1 S 65,00000 S 65,000.00 F6 Mini Power Zane EA 1 S 7,50000 S 7,50000 F7 Manual Transfer Switch EA 1 S 615W 00 S 6,500 00 FB Scada Pole Foundation and Antenna EA 1 S 5,40000 S 5,40000 F9 Flood Light and Pole EA 1 S 4,50000 $ 4,500,00 F10 Underground Trench LF 300 S 6500 S 19,500.00 FI1 BMI Graphics Programming LS 1 S 8,000 00 S 8,000.00 F12 Conduit and Wiring LS 1 $ 18,000 00 S 18,000.00 F13 Electrical Support Rack EA 1 S 5,50000 S 5,500.00 F14 Miscellaneous Electrical LS 1 S 4,250 00 S 4,250.00 F15 Testingand Commissioning LS 1 S 1,80000 S 1,600.00 F16 O&M Manuals LS 1 S 3,50000 S 3,500 00 SUBTOTAL PART F-ELECTRICAL(ITEMS F1 THRU F16) S 177,050.00 TOTAL BASE BID(PARTS A THRU F) $ 3,939,739.50 ADDITIVE ALTERNATE NO.1-FULL WIDTH PAVEMENT RECONSTRUCTION PART Al-GENERAL(per SEr'IION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT i Al l ADD:Mobilization LS 1 S 17,50000 $ 17,50000 Al 2 ADD:Bonds and Insurance LS 1 S 10,00000 S 10,00000 SUBTOTAL PART Al-GENERAL(ITEMS Al:I THRUAI:2) $ 17,50000 Bid Form Page 3 of 5 Laguna Shores Road Force Main Replacement-Project No.E10054 Rev 01.13.2016 00 30 0181 D FORM Item DESCRIPTION UNIT UNITPRICE EXTENDEDAMOUNT 01 JA INS= PART BI-NEW FORCE MAIN(per SECTION 0129 01 MEASUREMENTAND BASIS FOR PAYMENT) Bl] ADD:Street Excavation(I'Beyond E.O.P) S'*' S;a t s ^[a S 38,11500 Bl 2 ADD:Subgrade Preparation(1'Beyond E.0 P.) SY 5,445 S 400 S 21,780 00 Bl 3 ADD:TX-5 Geogrtd tl'Beyond E.O.P) SY 5,445 $ 600 $ 32,67000 Bl 4 ADD:10"Type A,Grade 1-2 Crushed,Limestone Base per TxDOT Std Spec Item No 247(1'Beyond E O.P) SY 5,445 $ 2700 S 147,01500 Bl 5 ADD:Prase Coat(0 20 Gallons/SY) GAL 1,089 S 600 S 6,53400 B16 ADD:3"Type'D'HIvIAC SY 4,909 S 2500 S 122,70000 Bl 7 ADD-Reflective Pavement Markings TY 1(Y)(4")(SLD)(100 mil) LF 648 S 100 S 64800 B1 8 ADD:Reflective Pavement Markings TY 1(Y)(4")(BKN)(100 mil) LF 110 S 100 S 11000 B1 9 ADD:Reflective Pavement Markings TY 1(W)(4")(SLD)(100 mil) LF 4,664 $ 100 S 4,66400 BI 10 ADD:Raised Reflective Pavement Markings(TYII-A-A)Yellow EA 19 S 1500 S 28500 3 S 369,46200 TOTALADDTTWE ALTERNATE No.1(PARTS Al AND Bl) $ 386,96200 ADDITIVE ALTERNATE NO.2-FLOWMETERS PART A2-GENERAL(per SEC"nON 0129 01 MEASURE MNT AND BASIS FOR PAYMENT) A21 ADD:Mobilization LS 1 S 11,000 00 $ 3,50000 A2 2 ADD-Bonds and Insurance LS 1 S 7,15000 S 2,00000 SUBTOTAL PART A2-GENERAL(ITEMS A2:1 THRU A2:2) S 5,500 00 PART E2-FLOW METERS(per SECPIoN 0129 01 MEASURE CENT AND BASIS FOR PAYMENT) E21 ADD:Install Flow Meter at Four[4)Lift Stations(Excludes Meter Cost) EA q S 2,50000 S 10,00000 E22 ADD:Ult aseauc Flow Meter by Fuji Electric,or Approved Equal EA 4 S 6,00000 S 24,000 00 E2 3 ADD:6'Diameter F G Manhole EA 4 S 7,50000 S 30,00000 E2 4 ADD:Manhole Trench Safety EA 4 S 30000 S 1,20000 SUBTOTAL PART E2-FLOW AIETERS(ITEMS E2:1 THRU E2:4) S 65,200 00 TOTALADDITIVE ALTERNATE NO.2(PARTS A2 AND E2) S 70,70000 Bid Form Page 4 of 5 Laguna Shores Road Force Main Replacement-Project No.E10054 Rev 01-13-2016 00 30 01 BID FORM Item DESCRII'TION UNIT UNIT PRICE EXTENDEDAMOUNT QUANMV BID SUMMARY BASE BID SUBTOTAL PART A-GENERAL(ITEMS Al THRU A7) $ 339,87500 SUBTOTAL PART B-NEW FORCE MAIN(ITEMS Bl THRU B39) $ 2,879,847 00 SUBTOTAL PART C-NEW GATEWAY LIFT STATION(ITEMS Cl THRU C8) S 323,57500 SUBTOTAL PART D-GRAVITY WASTEWATER IMPROVEMENTS(ITEMS Dl THRU D18) S 202,892 50 SUBTOTAL PART E-FLOW METERS(ITEMS El THRU E5) $ 16,50000 SUBTOTAL PART F-ELECTRICAL(ITEMS F]THRU F1 6) S 177,05000 TOTAL PROJECT BASE BID(PARTS A THRU F) S 3,939,739 50 ADDITIVE ALTERNATE NO.I SUBTOTAL PART Al-GENERAL(ITEMS Al 1 THRU Al:2) $ 17,500 00 SUBTOTAL PART Bl-NEW FORCE MAIN(ITEMS Bl 1 THRU 81:10) S 369,462 00 TOTALADDrMrE ALTERNATE No.I(PARTS Al AND Bl) S 386,962.00 ADDITIVE ALTERNATE No.2 SUBTOTAL PART A2-GENERAL(ITEMS A2:1 THRU A2_i S 5,50000 SUBTOTAL PART E2-FLOW METERS(ITEMS E2:1 THRU E2 4 f S 70,70000 TOTALADDrrM ALTERNATE No.2(PARTS A2 AND E2) S 76,200.00 TOTAL PROJECT BASE BID S 3,939,739.50 TOTAL PROJECT BASE BID+ADDITIVE ALTERNATE NO.1 S 386,962.00 TOTAL PROJECT BASE BID+ADDITIVE ALTERNATE NO.2 S 76,200.00 TOTAL PROJECT BASE BID+ADDnTvE ALTERNATE NO.1+ADDITIVE ALTERNATE NO.2 S 4,402,901.50 Contract Times Bidder agrees to reach Substantial Completion in 270 days Bidder agrees to reach Final Completion in 300 days Bid Form Page 5 of 5 Laguna Shores Road Force Main Replacement-Project No.E10054 Rev 01-13-2016 GREAT AMERICAN INSURANCE COMPANY OF NEW YORK® NEW YORK BOND NO. CS 2570101 KNOW ALL MEN BY THESE PRESENTS,that we,MAX Underground Construction, LLC PO Box 271106, Corpus Christi,TX 78427 as principal, and the GREAT AMERICAN INSURANCE COMPANY OF NEW YORK, a corporation existing under the laws of the State of New York, having its principal place of business at 301 E. Fourth Street, Cincinnati, Ohio,as surety,are held and firmly bound unto,City of Corpus Christi 1201 Leopard St,Corpus Christi,TX 78401 as obligee,in the penal sum of 5 Percent of the Greatest Amount Bid DOLLARS($ 5%G.A. B. ),lawful money of the United States of America,for the payment of which,well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,firmly by these presents. SIGNED, sealed,and dated this 25th day of July 20 18 WHEREAS,the said principal herewith submitting 1 proposal for Project E10054: Laguna Shores Road Force Main Replacement NOW, THEREFORE, the condition of this obligation is such that, if the said principal shall be awarded the said contract,and shall within(60 )days after receiving notice of such award enter into a contract and give bond for the faithful performance of the contract, then this obligation shall be null and void otherwise the principal and surety will pay unto the obligee the dif- ference in money between the amount of the principal's bid and the amount for which the obligee may legally contract with another party to perform the work, if the latter amount be in excess of the former; but in no event shall the liability hereunder exceed the penal sum hereof. Principal GREAT AMERICAN INSURANCE COMPANY OF NEW YORK By LIQ F.973813(3/I 1) Monette Davis Attorney-in-Fact GREAT AMERICAN INSURANCE COMPANY OF NEW YORK New York Administrative Office:301 E 4TH STREET - CINCINNATI,OHIO 45202 - 513-369-5000 - FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than THREE No.0 14956 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the GREAT AMERICAN INSURANCE COMPANY OF NEW YORK,a corporation organized and existing under and by virtue of the laws of the State of New York,does hereby nominate,constitute and appoint the person or persons named below its true and lawful attorney-in-fact,for it and in its name,place and stead to execute on behalf of the said Company,as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond,undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power LARRY D.GROVE ALL OF ALL MONETTE DAVIS CORPUS CHRISTIE, $100,000,000.00 JASON GROVE TEXAS This Power of Attorney revokes all previous powers issued on behalf of the attorneys)-in-fact named above. IN WITNESS WHEREOF,the GREAT AMERICAN INSURANCE COMPANY OF NEW YORK has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 17TH day of OCTOBER 1 2016 Attest GREAT AMERICAN INSURANCE COMPANY OF NEW YORK ccnwenF �� Assistant Secretary Drvrsrona!Senror Vie PresidentSenror Vice Presidem DAVID C.KITCHIN(677.377-2405) STATE OF OHIO,COUNTY OF HAMILTON-ss: On this 17TH day of OCTOBER 2016 ,before me personally appeared DAVID C.KITCHIN,to me known, being duly sworn,deposes and says that he resides in Cincinnati,Ohio,that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company of New York,the Company described in and which executed the above instrument; that he knows the seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto by like authority. $1168flaWad Niftry►PIIbIGSWdOhb iter Daar�ittlon�Ifelt Ot~16�0 This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company of New York by unanimous written consent dated May 14,2009. RESOLVED. That the Divisional President,the several Divisional Senior Vice Presidents,Divisional Vice Presidents and Divisional Assistant Vice Presidents,or any one of them,be and hereby is authorized,from time to time,to appoint one or more Attomeys-in-Fact to execute on behalf of the Company,as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof;to prescribe their respective duties and the respective limits of their authority,and to revoke any such appointment at any time. RESOLVED FURTHER:That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking,contract of suretyship,or other written obligation in the nature thereof,such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I,STEPHEN C.BERAHA,Assistant Secretary of Great American Insurance Company of New York,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of May 14,2009 have not been revoked and are now in full force and effect. c1 Signed and sealed this XOlay of —3�.'A C �r( 4e, 3 S�R Assistant Secretary �— S1165L(06/15) CIV AST Report Created On:7/25/2018 4:19:11 PM PROJECT: E10054 Laguna Shores Road Force Main Replacement BIDDER: Persons Service Company, LLC TOTAL BID: $4,229,097.90 COMPLETION TIME: Not Required BIDDER INFO: 4474 HALLS MILL RD MOBILE,AL 36693 P:2516600132 F: PERsans Since 1918 100100 4414 Halls Mill Road Mobile,AL 36693 sERVtCE CC1rflPFqf"1y Office: 251.660.0132 Fax: 251.660.2084 - Email:ofice@personsservices.com www.personsservices.com Civil Utilities Industrial Piping Plumbing Construction Services BID & BID SECURITY ENCLOSED City of Corpus Christi City Secretary's Office City Hall Building, 1st Floor 1201 Leopard Street Corpus Christi, Texas 75401 Attention: City Secretary Bid: Laguna Shores Road Force Main Replacement, Project No. E10054 Due: 2:00 p.m. — Tuesday - July 25, 2018 LOCAL TIME SUBMITTED BY: PERSONS SERVICE COMPANY, LLC 6435 Storey Drive, Humble, Texas, 77396 Phone: 832 777-0416, Fax: 832 777-6364 TX RME-U-1957435 ;F=rRS0nSSince 1978 4474 Halls MillRoad Mobile,AL 36693 RVICE C0IT1lPRf 74+ Office: 251.660.0132 Fax: 251.660.2084 Email:office@personsservices.com www.personsservices.com Civil Utilities Industrial Piping Plumbing Construction Services July 25, 2018 City of Corpus Christi City Secretary's Office City Hall Building, 1 st Floor 1201 Leopard Street Corpus Christi, Texas 78401 Attention: City Secretary Re: Bid— Laguna Shores Road Force Main Replacement, Project No. E10054 Persons Service Company (PSC) is pleased to offer the enclosed proposal for the above referenced project. The required bid documents are enclosed as well as additional information regarding Persons Service Company. The following are included: A. Bid Bond B. Bid Acknowledgement 00 30 00 C. Non-Resident Form 00 30 02 D. Disclosure of Interest Form 00 30 05 E. Non-Collusion Form 00 30 06 F. Letter of Signing Authorization O. Texas Certificate of Fact H. Licenses/Other Thank you for the opportunity. We look forward to working with you on this project and future projects. Below please find my contact information. Regard )aul Stevens Persons Service Company, LLC pstevens r&c personsservices.com (251) 533-3526 Cc: Mr. Bryan Shuford, V.P. 00 30 00 BID ACKNOWLEDGEMENT FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with the Drawings, Specifications, and Contract Documents, this Bid Proposal is submitted by (type or print name of company) on:Wednesday,July 25, 2018 at 2:00 P.M.for Laguna Swores Road Force Main Replacement, Project No. E10054. 1.02 Submit Bids, Bid Security and all attachments to the Bid (See Section 7.01 below)to the City's electronic bidding website at www.CivCastUSA.com. If submitting hard copy bids or bid security in the form of a cashier's or certified check, please send to: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid—Laguna Shores Road Force Main Replacement,Project No. E100S4 All envelopes and packages (including FEDEX envelopes) must clearly identify,on the OUTSIDE of the package,the project name and number and that bid documents are enclosed. ARTICLE 2—BIDDERS'S ACKNOWLEDGMENTS 2.01 Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with Owner on the form included in the Contract Documents,to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents. 2.02 Bidder accepts all of the terms and conditions of SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS, including those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids. 2.03 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement. 2.04 Bidder acknowledges receipt of the fallowing Addenda: Addendum No. Addendum Date Signature Acknowledging Receipt Bid Acknowledgement Form 003000- 1 Laguna Shores Road Force Main Replacement—Project No. E10054 Rev 01-13-2016 ARTICLE 3—BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3.03 The Bidder is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. 3.04 The Bidder has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; C. Underground Facilities referenced in reports and drawings; D. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and E. Technical Data related to each of these reports and drawings. 3.05 The Bidder has considered the: A. Information known to Bidder; B. Information commonly known to contractors doing business in the locality of the Site; C. information and observations obtained from visits to the Site; and D. The Contract Documents. 3.06 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information, observations, and documents on: A. The cost, progress, and performance of the Work; B. The means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and C. Bidder's safety precautions and programs. 3,07 Based on the information and observations referred to in the preceding paragraphs, Bidder agrees that no further examinations, investigations, explorations,tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and Bid Acknowledgement Form 003000- 2 Laguna Shores Road Force Main Replacement—Project No. E10054 RevOl-13-2016 all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 3.10 The Bidder has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Bidder has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Bidder. 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 4—BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents at the unit prices shown in the BID FORM. A. Extended amounts have been computed in accordance with Paragraph 13.03 of the General Conditions. B. Bidder acknowledges that the estimated quantities are not guaranteed, and final payment for all Unit Price items will be based on actual quantities provided, measured as provided in the Contract Documents. C. Unit Price and figures column will be used to compute the actual Bid price. ARTICLE 5—EVALUATION OF BIDDERS 5.01 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides the best value for the Owner. The Owner will consider the amount bid,the Bidder's responsibility, the Bidder's safety record,the Bidder's indebtedness to Owner and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder. The Owner reserves the right to waive any and all irregularities in determining the Bidders' responsibility or value, and whether the Bidder has met the minimum specific project experience requirements, and reserves the right to require the submission of additional information. 5.02 The Owner has the right to accept a Bid, reject any and all Bids, to waive any and all irregularities in the Bids, or to reject non-conforming, non-responsive or conditional Bids. In addition, the Owner reserves the right to reject any Bid where circumstances and developments have, in the opinion of the Owner, changed the responsibility of the Bidder. 5.03 Material misstatements in the documentation submitted to determine the Bidder's responsibility, including information submitted per SECTION 00 45 16 STATEMENT OF EXPERIENCE, may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement, if discovered after award of the Contract to such Bidder, may be grounds for immediate termination of the Contract. Additionally, the Bidder will be liable to the Owner for any additional costs or damages to the owner resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. Bid Acknowledgement Form 003000-3 Laguna Shores Road Force Main Replacement—Project No. E10054 Rev 01-13-2016 ARTICLE 6—TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within 270 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions. Bidder will complete the Work required for final payment in accordance with Paragraph 15.06 of the General Conditions within 300 days after the date when the Contract Times commence to run. 6.02 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within the number of days indicated. ARTICLE 7—ATTACHMENTS TO THIS BID In compliance with the Bid Requirements in SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS, the following are made a condition of this Bid: A. Bid Security. B. SECTION 00 30 00 BID ACKNOWLEDGEMENT FORM and documentation of signatory authority. C. SECTION 00 30 01 BID FORM. D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. SECTION 00 30 05 DISCLOSURE OF INTEREST. F. SECTION 00 30 06 NON-COLLUSION CERTIFICATION. ARTICLE 8—DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9—VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County, Texas for any legal action. ARTICLE 10—SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name, state of residency, and federal tax identification number in the Bid Form. 10.02 The Bidder, or the Bidder's authorized representative, shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner, or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s) signing the Bid must have the authority to bind the Bidder to a contract, and if required, shall attach documentation of signatory authority to the Bid Form. Bid Acknowledgement Form 003000-4 Laguna Shores Road Force Main Replacement—Project No. E10054 Rev 01-13-2016 10.03 Bidders who are individuals ("natural persons" as defined by the Texas Business Organizations Code §1.002), but who will not be signing the Bid Form personally, shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the individual(s) authorized to execute documents on behalf of the Bidder. Bidders using an assumed name (an "alias") shall submit a copy of the Certificate of Assumed Name or similar document. 10.05 Bidders that are not residents of the State of Texas must document their legal authority to conduct business in Texas. Nonresident Bidders that have previously registered with the Texas Secretary of State may submit a copy of their Certificate of Authority. Nonresident Bidders that have not previously registered with the Texas Secretary of State shall submit a copy of the Bidder's enabling documents as filed with the state of residency, or as otherwise existing. Bid Acknowledgement Form 003000-5 Laguna Shores Road Force Main Replacement—Project No. E10054 Rev 01-13-2016 ARTICLE 11—BID SUBMITTAL 11.01 This Bid is submitted by: Bidder: .r� (typed or rin ted full legal name of Bidder By: (individual's signature) i Name: (typed or printed) Title: typed or printed) Attest: try �- (individual's signature) State of Residency: �}r„ Federal Tax Id. No. Address for giving notices: (p rCO- r -7 -7 3SU Phone: a Email: SA -e.JtRS \G C e-S . 0-Z- (Attach evidence of authority to sign if the authorized individual is not the Bidder, but an individual signing on behalf of another individual Bidder, or if the authorized individual is a representative of a corporation, partnership, or joint venture.) END OF SECTION Bid Acknowledgement Form 003000-6 Laguna Shores Road Force Main Replacement—Project No. E10054 Rev01-13-2016 ®nS Since 1478 4414 Halls Mill Rand Mobile, AL 36693 Jr3:1=—F;:qvir—Era COmPFiI"14' Office: 251.660.0132 Fax: 251.660.2084 Email:office@personsservices.com www.personsservices.com Industrial Piping Utilities Plumbing Demolition Construction services July 25, 2018 City of Corpus Christi City Secretary's Office City Hall Building, 1 st Floor 1201 Leopard Street Corpus Christi, Texas 78401 Attention: City Secretary Re: Bid— Laguna Shores Road Force Main Replacement, Project No. E10054 To Whom It May Concern: Please be advised that Paul Stevens, Program Manager, has the authorization to sign any and all bids, proposals, bonds, contracts and certifications in regard to above referenced project. Jc ly, P sons Jr. n Director Issued To. License Number Shuford, Bryan J RME-U-1957435 4079 LEIGHTON CT © 'i, Expiration Date: 11-07-2019 MOBI LE AL 36693-5410 r EFFECTIVE DATE 11.07.2014 FIRE INKL t RME - UNDERiGROUND T�X.4S RTAWPT OF 11-WURANCE STA* AL I OFFICE DATE ISSUED: December 27,2017 EXChris Connealy,State Fire Marshal 5F06110116 TEXAS DEPARTMENT OF INSURANCE STATE FIRE MARSHAL'S QFFJCE To receive news and updates from the SFMO concerning faire Industry Bryan � ,Shuford, Br Licensing,sign up for the SFMO Licensing eNews Update at License No; dBr -1957435 hftp://www.tdi.texas.gov/alert/esfmolicensing.html RME - UNDERGROUND Expires: 11-07.2019 D.C.B.W13-1979 Signature Of LicenselPermil dge EFFECTIVE DATE. 11-07-2014 STATE FIFE MARSHAL Shuford, Bryan J 4474 HALLS MILL RD MOBILE AL 36693-5622 Registered Location(s): Registration Number 4474 HALLS MILL RD -- -- SCR-U-1957448 MOBILE AL 36693-5622 a Expiration Date: 11-07-2019 EFFECTIVE DATE. 11-07.2p14 FIRE SPRINKLER CERTIFICATE OF REGISTRATION-UNDERGROUND TEXAS DEPARTMENT OF INSURAI TATE FIRE MARSHAL'S OFFICE Issued To: Persons Service Company LLCM f DATE ISSUED:December 27,2017 - Chris Connealy, State Fire Marshal To receive news and updates from the SFMO concerning Fire Industry Licensing, sign up for the SFMO Licensing eNews Update at http://www.tdi.texas.gov/aiert/esfmolicensing.html Persons Service Company LLC 4474 HALLS MILL RD MOBILE AL 36693-5622 Corporations Section �A�g p�, Hope Andrade P.O.Box 13697 , Secretary of State Austin,Texas 78711-3697 Office of the Secretary of State CERTIFICATE OF FILING OF Persons Service Co., LLC File Number. 801513447 The undersigned, as Secretary of State of Texas, hereby certifies that an Application for Registration for the above named Foreign Limited Liability Company (LLC) to transact business in this State has been received in this office and has been found to conform to the applicable provisions of law. ACCORDINGLY, the undersigned, as Secretary of State, and by virtue of the authority vested in the secretary by law, hereby issues this certificate evidencing the authority of the entity to transact business in this State from and after the effective date shown below for the purpose or purposes set forth in the application under the name of Persons Service Co., LLC The issuance of this certificate does not authorize the use of a name in this state in violation of the rights of another under the federal Trademark Act of 1946, the Texas trademark law,the Assumed Business or Professional Name Act, or the common law. Dated: 11/3 0/2011 Effective: 11/30/2011 W Hope Andrade Secretary of State Come visit us on the intern]at http:lhvw,w.sos.state.tx.us/ Phone: (512)463-5555 Fax: (512)463-5709 Dial: 7-1-1 for Relay Services Corporations Section pRolando B. Pablos P.O.Box 13697 f� F n Secretary of State Austin.Texas 78711-3697 ( �X7 Office of the Secretary of State Certificate of Fact The undersigned, as Secretary of State of Texas, does hereby certify that the document, Application for Registration for Persons Service Co., LLC (file number 801513447), a ALABAMA, USA, Foreign Limited Liability Company (LLC), was filed in this office on November 30, 2011. It is further certified that the entity status in Texas is in existence. In testimony whereof, 1 have hereunto signed my name officially and caused to be impressed hereon the Seal of State at my office in Austin, Texas on June 14, 2018. COD Rolando B. Pablos Secretary of State Conte visit us on the Internet at http::,www..sos.state.tx.us, Phone: (512)463-5555 Fax: (512)463-5709 Dial: 7-1-1 for Relay Services Prepared by: SOS-WEB TID. 10264 Document: 819863970005 C'!,';;,5_ Report Created On:7/25/2018 4:19:11 PM BID TOTALS BASE BID Total PART A-GENERAL(ITEMS Al THRU A7) $355,285.41 PART B-NEW FORCE MAIN(ITEMS B1 THRU B39) $3,043,482.33 PART C-NEW GATEWAY LIFT STATION (ITEMS C1 THRU C8) $310,741.37 PART D-GRAVITY WASTEWATER IMPROVEMENTS(ITEMS D1 THRU D18) $230,507.20 PART E-FLOW METERS(ITEMS E1 THRU E5) $18,723.20 PART F-ELECTRICAL(ITEMS F1 THRU F16) $270,358.39 Total $4,229,097.90 ADDITIVE ALTERNATE NO. 1 Total PART Al -GENERAL(ITEMS A1:1 THRU A1:2) $27,638.14 PART B1 -NEW FORCE MAIN(ITEMS B1:1 THRU 131:10) $534,359.25 Total $561,997.39 ADDITIVE ALTERNATE NO.2 Total PART A2-GENERAL(ITEMS A2:1 THRU A2:2) $21,518.20 PART E2-FLOW METERS(ITEMS E2:1 THRU E2:4) $113,223.88 Total $134,742.08 BASE BID PART A-GENERAL(ITEMS Al THRU A7) No. Description Unit Qty Unit Price Ext Price Al Mobilization(Max. 5%) LS 1 $88,925.87 $88,925.87 A2 Bonds and Insurance LS 1 $112,366.11 $112,366.11 A3 Traffic Control LS 1 $44,462.94 $44,462.94 A4 Storm Water Pollution Prevention Plan LS 1 $11,046.84 $11,046.84 A5 Ozone Action Day DAYS 5 $4,696.73 $23,483.65 A6 Contingency Allowance for LS 1 $50,000.00 $50,000.00 Unanticipated Adjustments A7 Contingency Allowance for LS 1 $25,000.00 $25,000.00 Unanticipated Disposal of Contaminated Groundwater Sub Total: $355,285.41 CIVCAST Report Created On:7/25/2018 4:19:11 PM PART B-NEW FORCE MAIN(ITEMS 131 THRU B39) No. Description Unit Qty Unit Price Ext Price B1 Directionally Drilled 24"Fusible C905 LF 2313 $536.18 $1,240,184.34 (DR-18)PVC Force Main B2 Encased 24" Fusible C905(DR-18) LF 437 $315.46 $137,856.02 PVC Force Main B3 Directionally Drilled 36"Fusible C905 LF 437 $958.37 $418,807.69 (DR-18)PVC Casing B4 Bore Pit Trench Safety EA 6 $6,324.98 $37,949.88 B5 24"C905(DR-18)PVC Force Main LF 1089 $140.64 $153,156.96 (0'-6') B6 24"C905(DR-18) PVC Force Main LF 1090 $142.06 $154,845.40 (6'-8') B7 24"C905(DR-18) PVC Force Main LF 96 $143.77 $13,801.92 (8'-10') B8 24"C905(DR-18) PVC Force Main LF 31 $145.86 $4,521.66 (10'-12') B9 24"C905(DR-18) PVC Force Main LF 215 $148.47 $31,921.05 (12'-14') B10 24"C905(DR-18)PVC Force Main LF 183 $151.82 $27,783.06 (14'-16') B11 Trench Safety for Open Cut Pipe LF 2704 $9.39 $25,390.56 Installation B12 Well Pointing LF 2704 $23.48 $63,489.92 B13 Connect New 24"FM to Existing 18" LS 1 $68,779.92 $68,779.92 FM(Incl.All Req'd 18" FM Pipe and Appurtenances(Excluding Tee, Reducer,and Plug Valve&Box), Line Stop with Bypass,&Coordination with City Operating Department) B14 18"x6"Tapping Sleeve and Valve EA 1 $6,198.50 $6,198.50 B15 24"x6"Tapping Sleeve and Valve EA 1 $7,578.91 $7,578.91 B16 18"Tee EA 1 $3,287.32 $3,287.32 B17 18"Plug Valve&Box EA 1 $9,891.14 $9,891.14 B18 24"x18"Reducer EA 1 $2,609.71 $2,609.71 B19 24"Plug Valve&Box EA 6 $21,021.11 $126,126.66 B20 24" 11.25°Bend EA 7 $2,913.87 $20,397.09 B21 24"22.5°Bend EA 3 $2,912.92 $8,738.76 B22 24"45°Bend EA 17 $2,765.44 $47,012.48 B23 4"Air/Vacuum Release Valve in 5' EA 6 $10,995.15 $65,970.90 Diameter F/G Manhole B24 Manhole Trench Safety EA 6 $2,818.04 $16,908.24 CIVCAST Report Created On:7/25/2018 4:19:11 PM PART B-NEW FORCE MAIN(ITEMS 1131 THRU B39) No. Description Unit Qty Unit Price Ext Price B25 Adjust Manhole Ring and Cover EA 5 $1,635.46 $8,177.30 B26 Connect New 24"FM to Existing LS 1 $5,636.07 $5,636.07 Laguna Madre WWTP Infrastructure B27 Street Excavation(Inside Trench SY 2918 $10.27 $29,967.86 Repair Limits& 1'Beyond E.O.P.) B28 Subgrade Preparation(Inside Trench SY 2918 $2.01 $5,865.18 Repair Limits& 1'Beyond E.O.P.) B29 TX-5 Geogrid (Inside Trench Repair SY 2918 $5.76 $16,807.68 Limits& 1'Beyond E.O.P.) B30 10"Type A, Grade 1-2 Crushed, SY 2918 $38.36 $111,934.48 Limestone Base per TxDOT Std. Spec. Item No.247(Inside Trench Repair Limits& 1'Beyond E.O.P.) B31 Prime Coat(0.20 Gallons/SY) GAL 583.6 $39.61 $23,116.40 B32 3"Type'D'HMAC SY 2747 $33.58 $92,244.26 B33 Reflective Pavement Markings TY.1 LF 3092 $3.65 $11,285.80 (Y)(4")(SLD)(100 mil) B34 Reflective Pavement Markings TY.1 LF 140 $10.05 $1,407.00 (Y)(4")(BKN)(100 mil) B35 Reflective Pavement Markings TY.1 LF 1083 $4.21 $4,559.43 (W)(4")(SLD)(100 mil) B36 Raised Reflective Pavement Markings EA 53 $84.61 $4,484.33 (TYII-A-A)Yellow B37 Silt Fence LF 4820 $2.64 $12,724.80 B38 Inlet Protection EA 7 $573.01 $4,011.07 B39 Hydromulch SY 1183 $15.26 $18,052.58 Sub Total: $3,043,482.33 PART C-NEW GATEWAY LIFT STATION (ITEMS C1 THRU C8) No. Description Unit Qty Unit Price Ext Price C1 Salvage, Demolish,and Fill In Existing LS 1 $25,676.03 $25,676.03 Gateway Lift Station C2 Construct New Gateway Lift Station LS 1 $265,548.88 $265,548.88 C3 Open Trench 6"C900(DR-18)PVC LF 110 $28.88 $3,176.80 Force Main C4 Trench Safety for Open Cut Pipe LF 110 $9.39 $1,032.90 Installation C5 Well Pointing LF 110 $23.48 $2,582.80 C6 6"Tee(on Prop.6"C900 PVC FM) EA 1 $919.24 $919.24 CIVCAST Report Created On:7/25/2018 4:19:11 PM PART C-NEW GATEWAY LIFT STATION (ITEMS C1 THRU C8) No. Description Unit Qty Unit Price Ext Price C7 6"Plug Valve(on Prop. 6"C900 PVC EA 2 $4,309.74 $8,619.48 FM) C8 6"45° Bend(on Prop. 6"C900 PVC EA 4 $796.31 $3,185.24 FM) Sub Total: $310,741.37 PART D-GRAVITY WASTEWATER IMPROVEMENTS(ITEMS D1 THRU D18) No. Description Unit Qty Unit Price Ext Price D1 Grout Fill and Abandon-in-Place LF 21 $94.59 $1,986.39 Existing 4"FM D2 Grout Fill and Abandon-in-Place LF 22 $96.48 $2,122.56 Existing 8"WWL D3 Grout Fill and Abandon-in-Place LF 455 $98.05 $44,612.75 Existing 10"WWL D4 Remove Sewage, Grout,and LF 310 $99.77 $30,928.70 Abandon-in-Place Existing 12"WWL D5 Remove Sewage and Grout Fill EA 1 $2,267.61 $2,267.61 Bottom of Existing 4'Manhole to Flowline D6 Remove Ring&Cover,Top 2'of EA 4 $2,267.61 $9,070.44 Manhole,and Grout and Abandon-in- Place Existing Manhole D7 12"WW Stub and Cap EA 1 $591.83 $591.83 D8 12"SDR26 PVC(10'-12') LF 265 $29.04 $7,695.60 D9 12"SDR26 PVC(12'-14') LF 106 $36.13 $3,829.78 D10 Trench Safety for Open Cut Pipe LF 371 $9.39 $3,483.69 Installation D11 Well Pointing LF 371 $23.48 $8,711.08 D12 4'Diameter F/G Manhole EA 5 $5,765.37 $28,826.85 D13 Manhole Extra Depth (>6') VF 27 $646.59 $17,457.93 D14 Manhole Trench Safety EA 5 $939.35 $4,696.75 D15 Adjust Manhole Ring and Cover EA 5 $1,541.52 $7,707.60 D16 Reconnect Existing WW Service EA 10 $2,422.65 $24,226.50 D17 Unanticipated New WW Service EA 1 $1,494.61 $1,494.61 D18 WW Bypass Operations LS 1 $30,796.53 $30,796.53 Sub Total: $230,507.20 Report Created On:7/25/2018 4:19:11 PM PART E-FLOW METERS(ITEMS E1 THRU E5) No. Description Unit Qty Unit Price Ext Price E1 Install Flow Meter at One(1)Lift EA 1 $4,101.84 $4,101.84 Station (Excludes Meter Cost) E2 Ultrasonic Flow Meter by Fuji Electric, EA 1 $5,298.53 $5,298.53 or Approved Equal E3 5'Diameter F/G Manhole EA 1 $6,748.02 $6,748.02 E4 Manhole Trench Safety EA 1 $939.35 $939.35 E5 Adjust Manhole Ring and Cover EA 1 $1,635.46 $1,635.46 Sub Total: $18,723.20 PART F-ELECTRICAL(ITEMS F1 THRU F16) No. Description Unit Qty Unit Price Ext Price F1 AEP Electric Service Allowance LS 1 $15,000.00 $15,000.00 F2 Service Main EA 1 $16,733.76 $16,733.76 F3 Pump Control Panel EA 1 $27,117.21 $27,117.21 F4 Junction Boxes LS 1 $9,065.82 $9,065.82 F5 Scada Panel EA 1 $14,416.59 $14,416.59 F6 Mini Power Zone EA 1 $12,430.12 $12,430.12 F7 Manual Transfer Switch EA 1 $20,077.99 $20,077.99 F8 Scada Pole Foundation and Antenna EA 1 $30,711.87 $30,711.87 F9 Flood Light and Pole EA 1 $6,350.31 $6,350.31 F10 Underground Trench LF 300 $93.19 $27,957.00 F11 HMI Graphics Programming LS 1 $8,985.56 $8,985.56 F12 Conduit and Wiring LS 1 $29,702.68 $29,702.68 F13 Electrical Support Rack EA 1 $14,058.38 $14,058.38 F14 Miscellaneous Electrical LS 1 $23,084.07 $23,084.07 F15 Testing and Commissioning LS 1 $9,005.63 $9,005.63 F16 O&M Manuals LS 1 $5,661.40 $5,661.40 Sub Total: $270,358.39 ADDITIVE ALTERNATE NO. 1 ClbVAST Report Created On:7/25/2018 4:19:11 PM PART Al -GENERAL(ITEMS All A THRU A1:2) No. Description Unit Qty Unit Price Ext Price A1:1 ADD: Mobilization LS 1 $11,585.84 $11,585.84 A1:2 ADD: Bonds and Insurance LS 1 $16,052.30 $16,052.30 Sub Total: $27,638.14 PART 131 -NEW FORCE MAIN(ITEMS 131:1 THRU B1:10) No. Description Unit Qty Unit Price Ext Price B1:1 ADD:Street Excavation(1'Beyond SY 5445 $10.27 $55,920.15 E.O.P.) B1:2 ADD:Subgrade Preparation(1' SY 5445 $2.01 $10,944.45 Beyond E.O.P.) 131:3 ADD:TX-5 Geogrid(1'Beyond SY 5445 $5.76 $31,363.20 E.O.P.) B1 A ADD: 10"Type A, Grade 1-2 Crushed, SY 5445 $38.36 $208,870.20 Limestone Base per TxDOT Std. Spec. Item No.247(1'Beyond E.O.P.) B1:5 ADD: Prime Coat(0.20 Gallons/SY) GAL 1089 $37.37 $40,695.93 B1:6 ADD:3"Type'D' HMAC SY 4908 $33.29 $163,387.32 B1:7 ADD: Reflective Pavement Markings LF 648 $4.79 $3,103.92 TY.1 (Y)(4")(SLD)(100 mil) B1:8 ADD: Reflective Pavement Markings LF 110 $11.88 $1,306.80 TY.1 (Y)(4")(BKN)(100 mil) B1:9 ADD: Reflective Pavement Markings LF 4664 $3.55 $16,557.20 TY.1 (W)(4")(SLD)(100 mil) 131:10 ADD: Raised Reflective Pavement EA 19 $116.32 $2,210.08 Markings(TYII-A-A)Yellow Sub Total: $534,359.25 ADDITIVE ALTERNATE NO.2 PART A2-GENERAL(ITEMS A2:1 THRU A2:2) No. Description Unit Qty Unit Price Ext Price A2:1 ADD: Mobilization LS 1 $8,141.28 $8,141.28 A2:2 ADD: Bonds and Insurance LS 1 $13,376.92 $13,376.92 Sub Total: $21,518.20 Report Created On:7/25/2018 4:19:11 PM PART E2-FLOW METERS(ITEMS E2:1 THRU E2:4) No. Description Unit Qty Unit Price Ext Price E2:1 ADD: Install Flow Meter at Four(4)Lift EA 4 $14,803.37 $59,213.48 Stations(Excludes Meter Cost) E2:2 ADD: Ultrasonic Flow Meter by Fuji EA 4 $5,298.53 $21,194.12 Electric,or Approved Equal E2:3 ADD:6'Diameter F/G Manhole EA 4 $7,264.72 $29,058.88 E2:4 ADD: Manhole Trench Safety EA 4 $939.35 $3,757.40 Sub Total: $113,223.88 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder" refers to a person who is not a resident of Texas. "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. 7der tement that is correct for Bidder. Y( qualifies as a nonresident bidder whose principal place of business or residency is in State of AU,yo Bidder (includes parent company or majority owner) qualifies as a resident bidder whose --principal place of business is in the State of Texas, The Owner will use the information provided in the State of Texas Comptroller's annual publication of other states' laws on contracts to evaluate the Bids of nonresident Bidders. Bidder: 12 . Q.04.-�o LL Q— Company Name: v (typed or printed By: l signature- attach evidence of authority to sign) Name: �n A S V C dl Y*-N 5 (typed or printed) Title: r f— Business address: s s c Phone: SI 5.,, 3 35a (P Ernai1: e.Tins CapZS .ns4 C V I C eS.cC r^ END OF SECTION Compliance to State Law on Nonresident Bidders 003002- 1 Laguna Shores Road Force Main Replacement—Project No. E10054 11-25-2013 Corporations Section lE Rolando B. Pablos P.U.Box 13697 ` �` Secretary of Stale Austin.Texas 78711-3697 Office of the Secretary of State Certificate of Fact The undersigned, as Secretary of State of Texas, does hereby certify that the document, Application for Registration for Persons Service Co., LLC (file number 801513447), a ALABAMA, LISA, Foreign Limited Liability Company (LLC), was filed in this office on November 30, 2011. It is further certified that the entity status in Texas is in existence. In testimony whereof, I have hereunto signed my name officially and caused to be impressed hereon the Seal of State at my office in Austin, Texas on June 19, 2018. r Rolando B. Pablos Secretary of State Coque visit us on the internet at hup: u,wvv.s0s.Sta1e.1x.Us' Phone: (512)463-5555 Fax: (512)463-5709 Dial: 7-1-1 for Relay Services Prepared by: SUS-WEB TID- 10264 Document: 819863970005 Corporations Section E p Hope Andrade P.O.Box 13697 �, F Secretary of State Austin,Texas 78711-3697 x H Office of the Secretary of State CERTIFICATE OF FILING OF Persons Service Co., LLC File Number: 801513447 The undersigned, as Secretary of State of Texas, hereby certifies that an Application for Registration for the above named Foreign Limited Liability Company (LLC) to transact business in this State has been received in this office and has been found to conform to the applicable provisions of law. ACCORDINGLY, the undersigned, as Secretary of State, and by virtue of the authority vested in the secretary by law, hereby issues this certificate evidencing the authority of the entity to transact business in this State from and after the effective date shown below for the purpose or purposes set forth in the application under the name of Persons Service Co., LLC The issuance ofthis certificate does not authorize the use of a name in this state in violation of the rights of another under the federal Trademark Act of 1946, the Texas trademark law,the Assumed Business or Professional Name Act, or the common law. Dated: 11/30/2011 Effective: 11/30/2011 c� r 6� 14 4010cwt Hope Andrade co!) Secretary of State Come visit us on the internet or hUp:/fwww.sos.stote.tx.us/ Phone: (512)463-5555 Fax: (512)463-5709 Dial: 7-1-1 for Relay Services 00 30 05 City of Corpus Christi Disclosure of Interest SUPPLIER NUMBER TO BE ASSIGNED BYCITY— �_ PURCHASING DIVISION f CITY OF CORPUS CHRISTI Cit of DISCLOSURE OF INTEREST �ti 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: fit" Sc�f1 fC -c C 0"c-e Y-N sA P.O.BOX: STREET ADDRESS: y Sj r 1 CITY: � ZIP:--7 FIRM IS; 1. Corporation ® 2. Partnership 3. Sole Owner ❑ 4. Association 5. Other LL-2 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% more of the ownership in the above named"firm." Name fob Title and City Department(if known) 11 14 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 City of Corpus Christi 7�� 2�r 003005-1 Disclosure of Interest !!! Rev 01-13-2016 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: l Title: (type or Nnl) Signature of Certifying Date: Person: S�'Z G l DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial,and whether established to produce or deal with a product or service, including but not limited to,entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. City of Corpus Christi 003005-2 Disclosure of Interest Rev 01-13-2016 THE AMERICAN INSTITUTE OF ARCHITECTS is AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Persons Service Company, LLC 4474 Halls Mill Road,Mobile,AL 36693 as Principal, hereinafter called the Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA 3000 Riverchase Galleria#600,Birmingham,AL 35244 a corporation duly organized under the laws of the State of Connecticut as Surety, hereinafter called the Surety, are held and firmly bound unto The City of Corpus Christi,Texas as Obligee, hereinafter called the Obligee, in the sum of Five percent of the total amount bid Dollars($5%of bid amount for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Laguna Shores Road Force Main Replacement Project No.E10054 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof,or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this 25th day of July 207$ Persc rvice Com LLC rincipal} {Sear (Witness) (Title} r TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Surety) (Seal) (Witness O.M.Offs, IV (Title) Attorney-in-fact AIA DOCUMENT A310-BID BOND-AIA 0-FEBRUARY 1970 ED-THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y.AVE., N.W.,WASHINGTON, D.C.20006 Travelers Casualty and Surety Company of America AM Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut(herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint O.M.Otts,IV of Mobile,Alabama their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 3rd day of February, 2017. 'y%•AqQ moi+ ev twtrOop cow , W i,►�,e State of Connecticut +f h•' By: City of Hartford ss. Robert L.Raney,Se for Vice President On this the 3rd day of February,2017,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal, a �l My Commission expires the 30th day of June,2021 011��t. C 4,§T 7� >k�* Mane C.Tetreault,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President,the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary:or(b)duly executed(under seal, if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this 25th day of July 21318 09J��Sv ak0 �� T w4 iv19 d9i0Ai1Q IN fid'' i '4 V� — Kevin E. Hughes,Assistant Secretary To verify the authentidty of Mis Power ofAttomey,please call us at 1&UO-421-3wo. Please referto the above namedAttomey in-Fact and the details of the bond to whidt the power is attadred 00 30 06 NON-COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi,Texas 1201 Leopard Street Corpus Christi,Texas 78401 CONTRACT: Laguna Shores Road Force Main Replacement Project No. E10054 Bidder certifies that they have not been a party to any collusion among Bidders in the restraint of freedom of competition by agreement to submit a Bid at a fixed price or to refrain from bidding; or with any official or employee of the Owner as to quantity, quality, or price in the prospective contract, or any other terms of said prospective contract; or in any discussion between Bidders and any official of the Owner concerning exchange of money or other thing of value for special consideration in the letting of a contract. Company Name: re V 'k L_e� (typed or printed) By: �y (signature--ottach evidence of authority to sign) Name: �/ Gv�� �)t J e S (typed or printed) Title: Q C b0.C' C""(— Business address: r Phone: 3'J ' �35a lP Email: se END OF SECTION Non-Collusion Certification 003006- 1 Laguna Shores Road Force Main Replacement—Project No. E10054 11-25-2013 Report Created On:7/25/2018 4:19:12 PM ACKNOWLEDGE ADDENDA NAME ACKNOWLEDGEMENT DATE Report Created On:7/25/2018 4:19:12 PM REQUIRED DOWNLOADS TYPE NAME DOWNLOAD DATE Bid Docs E10054 Specifications 7/02/2018 7:53:04 AM Plans E10054 Plans 7/02/2018 7:53:04 AM Other E10054 Bidders Worksheet 7/02/2018 7:53:04 AM Bidders Pre-Bid Attendance Roster 7/10/2018 3:19:30 PM 00 30 00 BID ACKNOWLEDGEMENT FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with the Drawings,Specifications,and Contract Documents,this Bid Proposal is submitted by CPC!: �, l-c. LLL IL, QAc L`�,,.t A- Sr,,,;tA,, (type or print name of company) on:Wednesday,July 25,2018 at 2:00 P.M.for Laguna Shores Road Force Main Replacement,Project No.E10054. 1.02 Submit Bids, Bid Security and all attachments to the Bid (See Section 7.01 below)to the City's electronic bidding website at www.CivCastUSA.com. If submitting hard copy bids or bid security in the form of a cashier's or certified check, please send to: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid—Laguna Shores Road Force Main Replacement,Project No. E10054 All envelopes and packages(including FEDEX envelopes) must clearly identify,on the OUTSIDE of the package,the project name and number and that bid documents are enclosed. ARTICLE 2—BIDDERS'S ACKNOWLEDGMENTS 2.01 Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with Owner on the form included in the Contract Documents,to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents. 2.02 Bidder accepts all of the terms and conditions of SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS, including those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids. 2.03 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement. 2.04 Bidder acknowledges receipt of the following Addenda: Addendum No. Addendum Date Signature Acknowledging Receipt iJ Bid Acknowledgement Form 00 30 00-1 Laguna Shores Road Force Main Replacement—Project No.E10054 ReV01-13-2016 ARTICLE 3—BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress,and performance of the Work. 3.03 The Bidder is familiar with Laws and Regulations that may affect cost, progress,and performance of the Work. 3.04 The Bidder has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; C. Underground Facilities referenced in reports and drawings; D. Reports and drawings relating to Hazardous Environmental Conditions,if any,at or adjacent to the Site;and E. Technical Data related to each of these reports and drawings. 3.05 The Bidder has considered the: A. Information known to Bidder; B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site; and D. The Contract Documents. 3.06 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information,observations,and documents on: A. The cost, progress,and performance of the Work; B. The means, methods,techniques,sequences,and procedures of construction to be employed by Bidder;and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs, Bidder agrees that no further examinations, investigations,explorations,tests,studies,or data are necessary for the performance of the Work at the Contract Price,within the Contract Times,and in accordance with the other terms and conditions of the Contract Documents. 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents,and Bid Acknowledgement Form 003000-2 Laguna Shores Road Force Main Replacement—Project No. E10054 Rev 01-13-2016 all additional examinations, investigations, explorations,tests,studies,and data with the Contract Documents. 3.10 The Bidder has given the OAR written notice of all conflicts, errors, ambiguities,or discrepancies that the Bidder has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Bidder. 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 4—BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents at the unit prices shown in the BID FORM. A. Extended amounts have been computed in accordance with Paragraph 13.03 of the General Conditions. B. Bidder acknowledges that the estimated quantities are not guaranteed,and final payment for all Unit Price items will be based on actual quantities provided, measured as provided in the Contract Documents. C. Unit Price and figures column will be used to compute the actual Bid price. ARTICLE 5—EVALUATION OF BIDDERS 5.01 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides the best value for the Owner. The Owner will consider the amount bid,the Bidder's responsibility,the Bidder's safety record,the Bidder's indebtedness to Owner and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder.The Owner reserves the right to waive any and all irregularities in determining the Bidders' responsibility or value,and whether the Bidder has met the minimum specific project experience requirements,and reserves the right to require the submission of additional information. 5.02 The Owner has the right to accept a Bid, reject any and all Bids,to waive any and all irregularities in the Bids,or to reject non-conforming, non-responsive or conditional Bids. In addition,the Owner reserves the right to reject any Bid where circumstances and developments have, in the opinion of the Owner,changed the responsibility of the Bidder. 5.03 Material misstatements in the documentation submitted to determine the Bidder's responsibility, including information submitted per SECTION 00 45 16 STATEMENT OF EXPERIENCE, may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement, if discovered after award of the Contract to such Bidder, may be grounds for immediate termination of the Contract. Additionally,the Bidder will be liable to the Owner for any additional costs or damages to the Owner resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. Bid Acknowledgement Form 003000-3 Laguna Shores Road Force Main Replacement—Project No.E10054 Rev 01-13-2016 ARTICLE 6—TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within 270 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions. Bidder will complete the Work required for final payment in accordance with Paragraph 15.06 of the General Conditions within 300 days after the date when the Contract Times commence to run. 6.02 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within the number of days indicated. ARTICLE 7—ATTACHMENTS TO THIS BID In compliance with the Bid Requirements in SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS,the following are made a condition of this Bid: A. Bid Security. B. SECTION 00 30 00 BID ACKNOWLEDGEMENT FORM and documentation of signatory authority. C. SECTION 00 30 01 BID FORM. D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. SECTION 00 30 05 DISCLOSURE OF INTEREST. F. SECTION 00 30 06 NON-COLLUSION CERTIFICATION. ARTICLE 8—DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9—VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County,Texas for any legal action. ARTICLE 10—SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name,state of residency,and federal tax identification number in the Bid Form. 10.02 The Bidder,or the Bidder's authorized representative,shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner,or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s)signing the Bid must have the authority to bind the Bidder to a contract,and if required,shall attach documentation of signatory authority to the Bid Form. Bid Acknowledgement Form 003000-4 Laguna Shores Road Force Main Replacement—Project No.E10054 Rev 01-13-2016 10.03 Bidders who are individuals("natural persons"as defined by the Texas Business Organizations Code§1.002), but who will not be signing the Bid Form personally,shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the individual(s)authorized to execute documents on behalf of the Bidder. Bidders using an assumed name(an "alias")shall submit a copy of the Certificate of Assumed Name or similar document. 10.05 Bidders that are not residents of the State of Texas must document their legal authority to conduct business in Texas. Nonresident Bidders that have previously registered with the Texas Secretary of State may submit a copy of their Certificate of Authority. Nonresident Bidders that have not previously registered with the Texas Secretary of State shall submit a copy of the Bidder's enabling documents as filed with the state of residency,or as otherwise existing. Bid Acknowledgement Form 003000-5 Laguna Shores Road Force Main Replacement—Project No. E10054 ReV01-13-2016 ARTICLE 11-BID SUBMITTAL 11.01 This Bid is submitted by: n Bidder: C.'YC- `Z..�„csks. LLC (typed or printed full legal name o Bidder) By: individual's signature) Name: ;, �. LL (t ped or printed) Title: �ru,kt-. (typed or printed) Attest: (indiv' s ure) State of Residency: 'TX Federal Tax Id. No. X2-141 -1-1,0.T- Address ZOSAddress for giving notices: („22ti �,r►�-�{1 'C4..y' -7&46, Phone: -W-F16-60b-7 Email: -CJ e rJ 4, (Attach evidence of authority to sign if the authorized individual is not the Bidder, but an individual signing on behalf of another individual Bidder,or if the authorized individual is a representative of a corporation, partnership, or joint venture.) END OF SECTION Bid Acknowledgement Form 003000-6 Laguna Shores Road Force Main Replacement-Project No.E10054 Rev 01-13-2016 00 30 01 BID FORM Project Laguna Shores Road Force Main Replacement Name: Project E10054 Number- Owner: City of Co us Ch Bidder: l OAR: Designer- ILIA Engineering,Inc Item DESCRIPTION UNIT UNIT PRICE EXTENDED AMOUNT BASE BID PART A-GENERAL(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) Al Mobilization(Max.5%) LS 1 S S A2 Bonds and Insurance LS 1 S 3 S "- A3 Traffic Control LS 1 $ $ A4 Storm Water Pollution Prevention Plan LS 1 S O $ 0 �. �� AS Ozone Action Day DAYS 5 S S A6 Contingency Allowance for Unanticipated Adjustments LS 1 S 50,000.00 S A7 Contingency Allowance for Unanticipated Disposal of Contaminated Groundwater LS 1 S 25,000.00 S D 0.qm� SUBTOTAL PART A-GENERAL(ITEMS Al THRU A7) S PART B-NEW FORCE MAIN(per SECTION 01 29 Ol MEASUREMENT AND BASIS FOR PAYMENT) BI Directionally Drilled 24"Fusible C905(DR-I8)PVC Force Main LF 2,313 S " , S B2 Encased 24"Fusible C905(DR-18)PVC Force Main LF 437 $ (r"gr S 134131.15 B3 Directionally Drilled 36"Fusible C905(DR-18)PVC Casing LF 437 S 3 7" s S 31,q43 - B4 Bore Pit Trench Safety EA 6 S -� S B5 24"C905(DR-I8)PVC Force Main(0'-6') LF 1,089 S S tO(Af,57 B6 24"C905(DR-18)PVC Force Main(6'-g') LF 1,090 S B7 24"C905(DR-18)PVC Force Main(8'-10') LF 96S A $174. B8 24"C905(DR-18)PVC Force Main(10'-12') LF 31 S Q 0 S 0 e 49 B9 24"C905(DR-18)PVC Force Main(12'-14') LF 215 S S BIO 24"C905(DR-18)PVC Force Main(14'-16') LF 181 S 33"1-1141 S L11 I Z BI 1 Trench Safety for Open Cut Pipe Installation LF 2,704 S S B12 Well Pointing LF 2,704 S S Q B13 Connect New 24"FM to Existing 18"FM(Incl.All Req'd 18"FM Pipe and Appurtenances(Excluding Tee, LS 1 S S Reducer,and PlugValve&Box),Line Stopwith Bypass,&Coordination with Ci Operating Department) •O OD B14 18"x6"Tapping Sleeve and Valve EA 1 S.714%.66 $ -70,to B15 24"x6"Tapping Sleeve and Valve EA 1 S lidS 'r 1. - B16 18"Tee EA 1 $ S B17 18"Plug Valve&Box EA 1 $ $ B18 24"x18"Reducer EA I S S B19 24"Plug Valve&Box EA 6 Sit C id 5—n B20 24"11.25'Bend EA 7 S $ B21 24"22 5'Bend EA 3 $ S 11 t B22 24"45'Bend EA 17 $.t 7"�� S ✓' B23 4"AirNacuum Release Valve in 5'Diameter FIG Manhole EA 6 S' S D B24 Manhole Trench Safety EA 6 S 1 - S Bid Form Page 1 of 5 Laguna Shores Road Force Main Replacement-Project No.E10054 Rev 01-13-2016 00 30 01 BID FORM Item DESCRIPTION UNIT72.918 MATED UNIT PRICE EXTENDED AMOUNT B25 Adjust Manhole Ring and Cover EA5 S S B26 Connect New 24"FM to Existing Laguna Madre WWTP Infrastructure LS1 S►� C S -1 G B27 Street Excavation(Inside Trench Repair Limits&l'Beyond E.O.P.) SY S , S B28 Subgrade Preparation(Inside Trench Repair Limits&F Beyond E.O.P.) SY 2,918 S S 1 B29 TX-5 Geogrid(Inside Trench Repair Limits&1'Beyond E.O.P.) SY 2,918 S "0 B30 10"Type A,Grade 1-2 Crushed,Limestone Base per TxDOT Std.Spec Item No.247(Inside Trench Repair SY 2,918 S $ Limits&I'B and E.O.P.) 115 qdAlf- B31 Prime Coat(0.20 Gallons/SY) GAL 584 S S U31-W B32 3"Type'D'HMAC SY 2,747 $ ` b S t+ B33 Reflective Pavement Markings TY.1(Y)(4")(SLD)(100 mil) LF 3.092 S I"A - S B34 Reflective Pavement Markings TY.I(Y)(4")(BKN)(100 mil) LF 140 S LosS qO,DID B35 Reflective Pavement Markings TY.1(W)(4")(SLD)(100 mil) LF 1,083 S -pp- $ B36 Raised Reflective Pavement Markings(TYII-A-A)Yellow EA 53 S 'z yr S B37 Silt Fence LF 4,820 S S A1.0 t S.Gt/ B38 Inlet Protection EA 7 S $ I 3-15- - B39 Hydromulch SY 1,183 S 1�� S a 0-11 - SUBTOTAL PART B-NEW FORCE MAIN(ITEMS Bl THRU B39) S 3 2 -1 PART C-NEW GATEWAY LIFT STATION(per SECTION Ol 29 01 MEASUREMENT AND BASIS FOR PAYMENT) CI Salvage,Demolish,and Fill In Existing Gateway Lift Station LS I S S qqy C2 Construct New Gateway Lift Station LS 1 $ ii C3 Open Trench 6"C900(DR-18)PVC Force Main LF 110 S ' S - C4 Trench Safety for Open Cut Pipe Installation LF 110 S S - C5 Well Pointing LF 110 S M $ C6 6"Tee(on Prop.6"C900 PVC FM) EA I S ql S T C C7 6"Plug Valve(on Prop.6"C900 PVC FM) EA 2 S S31 q Lt. - C8 6"45°Bend(on Prop.6"0900 PVC FM) EA 4 Is S 3 SUBTOTAL PART C-NEW GATEWAY LIFT STATION(ITEMS Cl THRU CS) S 4 � PART D-GRAVITY WASTEWATER IMPROVEMENTS(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) D I Grout Fill and Abandon-in-Place Existing 4"FM LF 21 $ S '3, - D2 Grout Fill and Abandon-in-Place Existing 8"W WL LF 22 S 70,1t, S '541. 7 D3 Grout Fill and Abandon-in-Place Existing 10"WWL LF 455 S " S - D4 Remove Sewage,Grout,and Abandon-in-Place Existing 12"W WL LF 310 S 9L.1-1 $ Oiljo 2-7 DS Remove Sewage and Gout Fill Bottom of Existing 4'Manhole to Flowline EA 1 $+ D6 Remove Ring&Cover,Top 2'of Manhole,and Gout and Abandon-in-Place Existing Manhole EA 4 $„ S y-1 D7 12”WW Stub and Cap EA 1 S, S 1�rgj.qq D8 12"SDR26 PVC(10'42) LF 265 S D9 12"SDR26PVC(12'-14') LF 106 S 13`��` S D I O Trench Safety for Open Cut Pipe Installation LF 371 DI l Well Pointing LF 371 S S O 2 D12 T Diameter F/G Manhole EA 5 S S 3 1 Bid Form Page 2 of 5 Laguna Shores Road Farce Main Replacement-Project No.E10054 Rev 01-13-2016 AO 30 03 BID FORM Item DESCRIPTION UNITMUNITESTIMATED PRICE EXTENDED AMOUN-I" DO Manhole Extra Depth(>6') VF1314 Manhole Trench Safety EA -141.60-���� SD15 Adjust Manhole Ring and Cover EAZ tIR S r D16 Reconnect Existing WW Service EA 10 $ L S D17 Unanticipated New WW Service EA I S G S4$,3 x"13 D18 WW Bypass Operations LS 1 S -_ SUBTOTAL PART D-GRAVITY WASTEWATER IMPROVEMENTS(ITEMS Dl THRU 1118) 103.,21 -1 17 PART E-FLOW METERS(per SECTION 01 29 Ol MEASUREMENT AND BASIS FOR PAYMENT) EI Install Flow Meter at One(1)Lift Station(Excludes Meter Cost) EA 1 $ E2 Ultrasonic Flow Meter by Fuji Electric,or Approved Equal EA 1 $I ML S - E3 5'Diameter F G Manhole EA 1 S - E4 Manhole Trench Safety EA 1 $ $ .00 - E5 Adjust Manhole Ring and Cover EA 1 S Z $ .,Z"- SUBTOTAL PART E-FLOW METERS(ITEMS El THRU E5) S PART F-ELECTRICAL(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) FI AEP Electric Service Allowance LS 1 S 15,000.00 S F2 Service Main EA 1 $ ,'���� $ F3 Pump Control Panel EA I S Q $ - F4 Junction Boxes LS I S2 `40. S FS Scada Panel EA 1 S t S 13 Z, - F6 Mini Power Zone EA I S �L.��vp $ � F7 Manual Transfer Switch EA 1S $ F8 Scada Pole Foundation and Antenna EA I S F9 Flood Light and Pole EA I S O S S V O F10 Underground Trench LF 300 $ r S 9► py- F11 HMI Graphics Progranuning LS 1 S six $ F12 Conduit and Wiring LS I S I �l F13 Electrical Support Rack EA 1 $ �r S F14 Miscellaneous Electrical LS 1 $2 S 0 F15 Testing and Commissioning LS Isp S S F16 O&M Manuals LS 1 $ $ ,SAO SUBTOTAL PART F-ELECTRICAL(ITEMS FI THRU F16) S TOTAL BASE BID(PARTS A THRU F) S L, - ADDITIVE ALTERNATE NO.I-FULL WIDTH PAVEMENT RECONSTRUCTION PART Al-GENERAL(per SECTION O1 29 01 MEASUREMENT AND BASIS FOR PAYMENT) Al 1 ADD:Mobtl.tron LS I Al2 ADD:Bonds and Insurance LS I S 14 -QL $ Sp O- SUBTOTAL PART Al-GENERAL(ITEMS Al:I THRU A1:2) $ Bid Form Page 3 of 5 Laguna Shores Road Force Main Replacement-Project No.E10054 Rev OS-13-2016 00 30 01 BID FORM Item DESCRIPTION UNITUNIT PRICE I EXTENDED AMOUNT PART Bl-NEW FORCE MAIN(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) B 1:1 ADD:Street Excavation(I'Beyond E O.P.) SY 5,445 S $ r 131:2 ADD:Subgrade Preparation(1'Beyond E.O.P.) SY 5,445 S S '' b•10 BI:3 ADD:TX-5 Geogrid(I'Beyond E.O.P.) SY 5,445 S S BIA EDD: 10"Type A.Grade 1-2 Crushed,Limestone Base per TxDOT Std.Spec.Item No.247(1'Beyond SY 5,445 S d, O BL5 ADD:Prime Coat(0.20 GallonslSY) GAL 1,089 S S B1:6 ADD:3"Type'D'HMAC SY 4,908 $ 62 S 131:7 ADD:Reflective Pavement Markings TY.I(Y)(4")(SLD)(100 mil) LF 648 SAV S OZ r B I:8 ADD:Reflective Pavement Markings TY.1(Y)(4")(BKN)(100 mil) LF 110 $ S Z" - B1:9 ADD:Reflective Pavement Markings TY.I(V)(4")(SLD)(100 mil) LF 4,664 S • - S - 131:10 ADD:Raised Reflective Pavement Markings(TYII-A-A)Yellow EA 19 S S SUBTOTAL PART Bl-NEW FORCE MAIN(ITEMS 111:1 THRU 1111:10) • S TOTAL ADDITIVE ALTERNATE NO.1(PARTS Al AND BI) S O �� ADDITIVE ALTERNATE NO.2-FLOW METERS PART A2-GENERAL(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) A2-1 ADD:Mobilization LS i S` S 0 - A22 ADD:Bonds and Insurance LS 1 $ S •�p3 - SUBTOTAL PART A2-GENERAL(ITEMS A2:1 THRU A2:2) S 1 �� PART E2-FLOW METERS(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) E2I ADD:Install Flow Meter at Four(4)Lift Stations(Excludes Meter Cost) EA 4 S t,�r . S E2.2 ADD:Ultrasonic Flow Meter by Fuji Electric,or Approved Equal EA 4 S 11- S 3 0 or. E2:3 ADD:6'Diameter F'G Manhole EA 4 S �.- S 5 filo t� E2-4 ADD:Manhole Trench Safety EA 4 S - S SUBTOTAL PART E2-FLOW METERS(ITEMS E2:1 THRU E2:4) S •'lip TOTAL ADDITIVE ALTERNATE NO.2(PARTS A2 AND E2) S 7� Bid Form Page 4 of 5 Laguna Shores Road Force Main Replacement-Project No.E10054 Rev 01-13-2016 00 30 01 BID FORM Item DESCRIPTION UNIT ESTiiMATFD I UNIT PRICE EXTENDED AMOUNT QUANTIw BID SUMMARY BASE BID SUBTOTAL PART A-GENERAL(ITEMS A 1 THRU A7) sD SUBTOTAL PART B-NEW FORCE MAIN(ITEMS B I THRU 13339) $ 3 - SUBTOTAL PART C-NEW GATEWAY LIFT STATION(ITEMS Cl THRU Cg) $ 3'3q SUBTOTAL PART D-GRAVITY WASTEWATER IMPROVEMENTS(ITEMS DI THRU DIS) s 3 G 3 2 1 STI SUBTOTAL PART E-FLOW METERS(ITEMS EI THRU E5) $ 319r.0-44 -44 SUBTOTAL PART F-ELECTRICAL(ITEMS Fl THRU F16) $ 9 TOTAL PROJECT BASE BID(PARTS A THRU F) is ADDITIVE ALTERNATE NO.1 SUBTOTAL PART Al-GENERAL(ITEMS Al 1 THRU A1:2) s SUBTOTAL PART BI-NEW FORCE MAIN(ITEMS BI I THRU 131:10) s 41 EST,(IV TOTAL ADDITIVE ALTERNATE NO.1(PARTS Al AND Bl) s &4'? Q O ADDITIVE ALTERNATE NO.2 SUBTOTAL PART A2-GENERAL(ITEMS A2 I THRU A2 2) s SUBTOTAL PART E2-FLOW METERS(ITEMS E2.1 THRU E2 4) S -7 TOTAL ADDITIVE ALTERNATE NO.2(PARTS A2 AND E2) s '7 ass Z - TOTAL PROJECT BASE BID S4(jQ .131.36 - TOTAL PROJECT BASE BID+ADDITIVE ALTERNATE NO.1 s N;21y T- TOTAL PROJECT BASE BID+ADDITIVE ALTERNATE NO.2 s12, 4ZD_:) TOTAL PROJECT BASE BID+ADDITIVE ALTERNATE NO.1+ADDITIVE ALTERNATE NO.2 S Contract Times Bidder agrees to reach Substantial Completion in 270 days Bidder agrees to reach Final Completion in 300 days Bid Form Page 5 of 5 Laguna Shores Road Force Main Replacement-Project No.E10054 Rev 01-13-2016 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder" refers to a person who is not a resident of Texas. "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that is correct for Bidder. ❑ Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of Y/ Bidder(includes parent company or majority owner)qualifies as a resident bidder whose principal place of business is in the State of Texas. The Owner will use the information provided in the State of Texas Comptroller's annual publication of other states' laws on contracts to evaluate the Bids of nonresident Bidders. Bidder: Company Name: C2 L ----t,�A, - U—C 'b (t or printe By: (signature--atttalch.evidence of authority to Name: \ ,Iv�Sbr�� C- cu (typed or printed) Title: Business address: Phone: 31,f—X16-(i3Owl Email: Uja..�k2 Ck r.L,,,Al14AIV ,p- END OF SECTION Compliance to State Law on Nonresident Bidders 00 30 02-1 Laguna Shores Road Force Main Replacement—Project No. E10054 11-25-2013 00 30 05 City of Corpus Christi Disclosure of Interest SUPPLIER NUMBER TO BE ASSIGNED BY CrrY— _ PURCHASING DIVISION Ciry of CITY OF CORPUS CHRISTI c;ty of DISCLOSURE OF INTEREST Cch sa 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: DC 5XI-t.,cls r LLC �)6 LL halint 4;�tCc.t P.O.BOX: STREET ADDRESS: ("m "ea 4 r,� CITY: ZIP. 7� � FIRM IS: 1. Corporation 82. PartnersLE hip � 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this age 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 It 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 City of Corpus Christi 003005-2 Disclosure of interest Rev01-13-2016 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: 5�, _ Title: ��E4,CU criw or Print) Signature of Certifying Date: .� Person: /zs, DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain,whether professional,industrial or commercial,and whether established to produce or deal with a product or service, including but not limited to,entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers,Department and Division Heads,and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. City of Corpus Christi 003005-2 Disclosure of interest Rev 01-13-2016 00 30 06 NON-COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi,Texas 1201 Leopard Street Corpus Christi,Texas 78401 CONTRACT: Laguna Shores Road Force Main Replacement Project No. E10054 Bidder certifies that they have not been a party to any collusion among Bidders in the restraint of freedom of competition by agreement to submit a Bid at a fixed price or to refrain from bidding;or with any official or employee of the Owner as to quantity,quality,or price in the prospective contract,or any other terms of said prospective contract;or in any discussion between Bidders and any official of the Owner concerning exchange of money or other thing of value for special consideration in the letting of a contract. p Company Name: l C -r��res�c ��.0 1)6a, Li 3,nc11,.t (typed or printed) By: (signature-- tt vidence of authors Name: (,(.1- (typed or pri ted) Title: �rCLt c.-4 Business address: fo22�i ,��( <_kre� Phone: �[.1—�IG -(Qpa7 Email: Gc�r�,. (�rlCt�i�+.Ge.w END OF SECTION Non-Collusion Certification 003006-1 Laguna Shores Road Force Main Replacement—Project No.E10054 11-25-2013 A urea, T, �. .h BID BOND KNOW ALL MEN BY THESE PRESENTS,that we CPC Interests. LLC dba Clark Pipeline Services. LLC as principal, hereinafter called the"Principal,"and SURETEC INSURANCE COMPANY, 9737 Great Hills Trail, Suite 320, Austin, Tx 78759, as surety, hereinafter called the"Surety," are held and firmly bound unto City of Corpus Christi as obligee, hereinafter called the Obligee, in the sum of Five Percent(5%) of the Amount Bid by Principal for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the principal has submitted a bid for Laguna Shores Road Force Main Replacement, Project No. E10054. NOW,THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. SIGNED, sealed and dated this 25th day of Jam, 2018. CPC Interests, LLC dba Clark Pipeline Services. LLC (Principal) BY: TITLE: Sur6%c Insurance C BY: �11,wqAan Dennis M. Descant, Jr., Attorney-in-Fact Clark Pipeline Services-City of Corpus Christi-Laguna Shores Road Force Main Replacement.doc Rev 1.1.06 POA#: 4221073 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Jeffrey L.Brady,Dennis M. Descant,Jr.,Cheryl A.Sanders,Alicia Cantavella its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds,recognizances,undertakings or other instruments•or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for,providing the bond penalty does not exceed Ten Million and 00/100 Dollars($10,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confu-ming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force until 12131/2019 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be It Resolved that the President,any Vice-President,any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and deliver,any and all bonds,recognizances,•contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or ; any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20`h of April, 1999) � ht Witness Whereof,SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,Andrits corporate seal to be hereto affixed this 25th day of April ,A.D. 2017 , S�yBAN QF SURETEC SURAN C (Lu .oBy: w a John Knox , rest State of Texas ss: c Yl 5 County of Harris «tea On this 25th day of April ,A.D. 2017 before me personally came John Knox Jr.,to me known,who,being by me y sworn,did depose and say,that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. 4. JACQUELYN JACQUELYN GREENLEAF =f: %rallotary Public,State of Texas a'. ter Comm.Expires 05-18-2021 %%E0 ;��� Notary ID 126903029 Jacq elyn Greenleaf,Notary Public My commission expires May 18,2021 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston,Texas this 25th day of July 2018 A.D. M.Brent Beatyy Assistant Sec etary Any instrument Issued In excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST. SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin,TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Rev 1.1.06 00 30 01 BID FORM Project Laguna Shores Road Force Main Replacement Name: Project E10054 Number: Owner: Cityqf Corpus Christi Bidder: OAR: Designer: ILIA En 'neering,Inc. Item DESCRIPTION UNIT ESnMATED UNIT PRICE EXTENDED AMOUNT OUANTITY BASE BID PART A-GENERAL(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Al Mobilization(Max 510) LS I S/to av S A2 Bonds and Insurance LS I s4.woS 4od= A3 Traffic Control LS 1 S S I(V boo A4 Storm Water Pollution Prevention Plan LS I S 00 S 7- Soo A5 Ozone Action Day DAYS 5 S 6i)O- S fjOO A6 Contingency Allowance for Unanticipated Adjustments LS I 5 50,000.00 S D�G A7 Contingency Allowance for Unanticipated Disposal of Contaminated Groundwater LS I S 25,000.00 S 902 SUBTOTAL PART A-GENERAL(ITEMS Al THRU A7) S 5 mo - PART B-NEW FORCE MAIN(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) B I Directionally Drilled 24"Fusible C905(DR-18)PVC Force Main LF 2,313 S S B2 Encased 24"Fusible C905(DR-18)PVC Force Main LF 437 S O- S B3 Directionally Drilled 36"Fusible C905(DR-I8)PVC Casing LF 437 S &. S Vr '78 B4 Bore Pit Trench Safety EA 6 S 2i cob Lo S /� B5 24"C905(DR-18)PVC Force Main(0'-6') LF 1,089 S - SZ T� — 7p— B6 B6 24"C905(DR-18)PVC Force Main(6'-8') LF 1,090 $Z 13 - S A ZD- B7 24"C905(DR-18)PVC Force Main(8'-10') LF 96 f S 2 2 4.n AA B8 24"C905(DR-18)PVC Force Main(10'-12') LF 31 S - S SO B9 24"C905(DR-I8)PVC Force Main(12'-14') LF 215 S ' S Z - BIO 24"C905(DR-18)PVC Force Main(14'-16') LF 183 S 3115- S 1 4 B I I Trench Safety for Open Cut Pipe Installation LF 2,704 S jj GU S 4 O B12 Well Pointing LF 2,704 S S it B13 Connect New 24"FM to Existing 18"FM(Incl.All Req'd 18"FM Pipe and Appurtenances(Excluding Tee, LS I SS Reducer,and PlugValve&Box),Line Stopwith Bypass,&Coordination with Ci Operating Department) d coo If B14 18"x6"Tapping Sleeve and Valve EA l S S OO B15 24"x6"Tapping Sleeve and Valve EA 1 S S oS—Q B16 18"Tee EA 1 $77,60o f7,5 b� B17 18"Plug Valve&Box EA 1 S 25 toe S 15 B18 24"xl8"Reducer EA 1 S 12 Cco S Doo B19 24"Plug Valve&Box EA 6 $ S /L I Q B20 24"1125'Bend EA 7 S Soo S *7 1 D B21 24"22-5°Bend EA 3 $s S S O B22 24"45°Bend EA 17 S-5 S B23 4"Air7Vacuunt Release Valve in 5'Diameter F/G Manhole EA 6 f S �O - an 6 B24 Manhole Trench Safety EA 6 S S Bid Form Page 1 of 5 Laguna Shores Road Force Main Replacement-Project No.E10054 Rev OS-13-2016 00 30 01 BID FORM Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED AMOUNT B25 Adjust Manhole Ring and Cover EA 5 S I to S 7 TV0 B26 Connect New 24"FM to Existing Laguna Madre WWTP Infrastructure LS 1 S CDO S CM B27 Street Excavation(Inside Trench Repair Limits&P Beyond E.O.P.) SY 2,918 S /0-00 S 00 - B28 Subgrade Preparation(Inside Trench Repair Limits&F Beyond E.O.P.) SY 2,918 S5.00 S B29 TX-5 Geogrid(Inside Trench Repair Limits&P Beyond E.O.P.) SY 2,918 S 5.D Z S ARZ 7 B30 10"Type A,Grade 1-2 Crushed,Limestone Base per TxDOT Std.Spec.Item No 247(Inside Trench Repair SY 2,918 S .�o $ 'L - Limits&l'B and E.O.P.) - 1331 Prime Coat(0.20 Gallons SY) GAL 584 S -&o S 79 Te B32 3"Type'D'HMAC SY 2,747 $ qo.co S 2 4 - B33 Reflective Pavement Markings TY.I(Y)(4")(SLD)(100 mil) LF 3,092 S 1.00 $ 09 Z B34 Reflective Pavement Markings TY.I(Y)(4")(BKN)(100 mil) LF 140 S ,p(j S 4 B35 Reflective Pavement Markings TY.I(W)(4")(SLD)(100 mil) LF 1,083 S S O 3 B36 Raised Reflective Pavement Markings(TYII-A-A)Yellow EA 53 $ 'Z.Da S B37 Silt Fence LF 4,820 S'3"QQ S - B38 Inlet Protection EA 7 5 -n- S t 2 - B39 Hydromulch SY 1,183 S 1 , O- S -3b SUBTOTAL PART B-NEW FORCE MAIN(ITEMS BI THRU B39) S PART C-NEW GATEWAY LIFT STATION(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) ICS Cl Salvage,Demolish,and Fill In Existing Gateway Lift Station LS 1 $1Z= S 000 C2 Construct New Gateway Lift Station LS 1 ?,74 7 $ C3 Open Trench 6"C900(DR-18)PVC Force Main LF 110 S "oo S ?- d C4 Trench Safety for Open Cut Pipe Installation LF 110 S 5"o6 S Sd C5 Well Pointing LF 110 S "M S - C6 6"Tee(on Prop.6"C900 PVC FM) EA I S r $ 9-757 C7 6"Plug Valve(on Prop.6"C900 PVC FM) EA 2 S 'zoo 5 C8 6"45'Bend(on Prop.6"C900 PVC FM) EA 4 $ S boo SUBTOTAL PART C-NEW GATEWAY LIFT STATION(ITEMS Cl THRU C8) S'Z7 Ct3 PART D-GRAVITY WASTEWATER IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) DI Grout Fill and Abandon-in-Place Existing 4"FM LF 21 S �- $ D2 Grout Fill and Abandon-in-Place Existing 8"WWL I F 22SI .OQ S 0 D3 Grout Fill and Abandon-in-Place Existing 10"WWL LF ;455 $15.00 S D4 Remove Sewage,Grout,and Abandon-in-Place Existing 12"WWL LF 310 S $ lo. Q - D5 Remove Sewage and Grout Fill Bottom of Existing 4'Manhole to Flowline EA 1 S l 00 S 0 O D6 Remove Ring&Cover,Top T of Manhole,and Grout and Abandon-in-Place Existing Manhole EA 4 S D7 12"WW Stub and Cap EA 1 '7-5 0- S D8 12"SDR26PVC(10'-12') LF 265 1& -00 S 25.0 - D9 12"SDR26 PVC(12'-14') LF 106 S 0 S / o O -- D l0 Trench Safety for Open Cut Pipe Installation LF 371 S/6.00 S - DI I Well Pointing LF 371 S .00 S ¢.ZR D12 4'Diameter FEG Manhole y EA 5 %000 S f000 Bid Form Page 2 of 5 Laguna Shores Road Force Main Replacement-Project No.E10054 Rev 01-13-2016 00 30 01 BID FORM Item DESCRIPTION UNIT UNIT PRICE EXTENDED AMOUNT D13 Manhole Extra Depth(,6') VF 27 S900 -- S D14 Manhole Trench Safety EA 5 S D4 wo S 060 D15 Adjust Manhole Ring and Cover EA 5 S OD- $2 . 500 D16 Reconnect Existing WW Service EA 1074 60D S 0 D17 Unanticipated New WW Service EA I 5,600 $ D18 WW Bypass Operations LS 1 $-)15-00 SUBTOTAL PART D-GRAVITY WASTEWATER IMPROVEMENTS(ITEMS DI THRU D18) SZ PART E-FLOW METERS(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) El Install Flow Meter at One(1)Lift Station(Excludes Meter Cost) EA 1 $ E2 Ultrasonic Flow Meter by Fuji Electric,or Approved Equal EA I (� S 4T F3 5'Diameter FSG Manhole EA l O S S0 E4 Manhole Trench Safety EA I S2-600 E5 Adjust Manhole Ring and Cover EA 1 S S O SUBTOTAL PART E-FLOW METERS(ITEMS EI THRU ES) S PART F-ELECTRICAL(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) FI AEP Electric Service Allowance LS I S 15,000.00 $ /5,000 F2 Service Main EA 1 S 0 S 0 F3 Pump Control Panel EA I S C)I co S F4 Junction Boxes LS I S 1 S" I Q j7 F5 Scada Panel EA 1 SBo0 F6 Mini Power Zone EA 1 S fin, $5 Za F7 Manual Transfer Switch EA I d S Q F8 Scada Pale Foundation and Antenna EA 15—91W $ F9 Flood Light and Pole EA I A-344 F10 Underground Trench LF 300 s&.48 S L `!3 4 - Fit HMI Graphics Programming LS 1 !64 & S F12 Conduit and Wiring LS 1 S o 4 F13 Electrical Support Rack EA 1 53Do S 3 101.10 F14 Miscellaneous Electrical LS 1 S S 4,D F15 Testing and Commissioning LS I S S 4,0 - F16 O&M Manuals LS I $ S SUBTOTAL PART F-ELECTRICAL(ITEMS Fl THRU F16) S TOTAL BASE BID(PARTS A THRU F) ADDITIVE ALTERNATE NO.I-FULL WIDTH PAVEMENT RECONSTRUCTION TT PART Al-GENERAL(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) AIA ADD:Mobilization LS 1 S s O A1:2 ADD:Bonds and Insurance LS 1 $ S 5 SUBTOTAL PART At-GENERAL(ITEMS Al:I THRU A1:2) '201000 Bid Form Page 3 0£5 Laguna Shores Road Force Main Replacement•Project No.E10054 Rev 01-13-2016 00 30 01 BID FORM Item DESCRIPTION UNIT J UNIT PRICE I EXTENDED AMOUNT PART Bl-NEW FORCE MAIN(per SECTION 01 2901 MEASUREMENT AND BASIS FOR PAYMENT) BIA ADD:Street Excavation(P Beyond E.O.P.) SY 5,445 S], - S 2 4-71 131:2 ADD:Subgrade Preparation(l'Beyond E.O.P.) SY 5,445 S■ .0Q $ 23 5 131:3 ADD:TX-5 Geogrid(1'Beyond E.O.P.) SY 5,445 A-32 3a $23,522. q B1,4 ADD: 10"Type A,Grade 1-2 Crushed,Limestone Base per TxDOT Std.Spec.Item No 247(P Beyond SY 5,445 S Zg 1143,04-60 E.O.P.) 131:5 ADD:Prime Coat(0 20 GallonsiSY) GAL 1,089S !'5 7 $ V1 ?,E2- 131:6 ADD:3"Type'D'HMAC SY 4,908 S "00 '142- 3 2 B1.7 ADD:Reflective Pavement Markings TY.1(Y)(4")(SLD)(100 mil) LF 648 $ ,Qb S 4, B 1:8 ADD:Reflective Pavement Markings TY.I(Y)(4")(BKN)(100 mil) LF 110 S S BI.9 ADD:Reflective Pavement Markings TY.1(W)(4")(SLD)(100 mil) LF 4,664 S - S 4' B 1:10 ADD:Raised Reflective Pavement Markings(TYII-A-A)Yellow EA 19 S .0cr S SUBTOTAL PART BI-NEW FORCE MAIN(ITEMS BI:1 THRU BI:10) 1'20A-. TOTAL ADDITIVE ALTERNATE NO.1(PARTS Al AND BI) 7 ADDITIVE ALTERNATE NO.2-FLOW METERS PART A2-GENERAL(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) A2A ADD:Mobilization LS I S 0 VW S D I.00 _ A2:2 ADD:Bonds and Insurance LS 1 $ oo - SUBTOTAL PART A2-GENERAL(ITEMS A2:1 THRU A2:2) S` PART E2-FLOW METERS(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) F71 ADD:Install Flow Meter at Four(4)Lift Stations(Excludes Meter Cost) LA 4 '3.3'409'j O S E2:2 ADD:Ultrasonic Flow Meter by Fuji Electric,or Approved Equal EA 4 $ S O Wd E2:3 ADD:6'Diameter FO Manhole EA 4 SA Z60 S3 A o0o E2:4 ADD:Manhole Trench Safety EA 4 S S R. SUBTOTAL PART E2-FLOW METERS(ITEMS E2:1 THRU E2:4) S TOTAL ADDITIVE ALTERNATE NO.2(PARTS A2 AND E2) S l O Bid Form Page 4 of 5 Laguna Shores Road Force Main Replacement-Project No.E10054 Rev 01-13-2016 00 30 01 BID FORM Item DESGR[P FION UNIT ESTIMATED UNIT PRICE EXTENDED AMOUNT BID SUMMARY BASE BID SUBTOTAL PART A-GENERAL(ITEMS A 1 THRU A7) S SUBTOTAL PART B-NEW FORCE MAIN(ITEMS B 1 THRU 1339) S 3 Z SUBTOTAL PART C-NEW GATEWAY LIFT STATION(ITEMS C I THRU C8) $ 3 7 SUBTOTAL PART D-GRAVITY WASTEWATER IMPROVEMENTS(ITEMS DI THRU D18) S f3.-!5&5 — SUBTOTAL PART E-FLOW METERS(ITEMS EI THRU ES) S 49 SUBTOTAL PART F-ELECTRICAL.(ITEMS F I THRU F 16) S , 1 TOTAL PROJECT BASE BID(PARTS A THRU F) -7 0 ADDITIVE ALTERNATE NO.1 SUBTOTAL PART A I-GENERAL(ITEMS A 1:1 THRU A 1:2) S 7-0�000 SUBTOTAL PART B I-NEW FORCE MAIN(ITEMS B 1:1 THRU B 1:10) S '7 g TOTAL ADDITIVE ALTERNATE NO.I(PARTS At AND BI) S . -7 ADDITIVE ALTERNATE NO.2 SUBTOTAL PART A2-GENERAL(ITEMS A2:1 THRU A2.2) S goo `3 SUBTOTAL PART E2-FLOW METERS(ITEMS E2 I THRU E2.4) S O ig TOTAL ADDITIVE ALTERNATE NO.2(PARTS A2 AND E2) S 'u TOTAL PROJECT BASE BID S 2� TOTAL PROJECT BASE BID+ADDITIVE ALTERNATE NO.I S IS TOTAL PROJECT BASE BID+ADDITIVE ALTERNATE NO.2 S 0 TOTAL PROJECT BASE BID+ADDITIVE ALTERNATE NO.1+ADDITIVE ALTERNATE NO.2 S 1596-00- 1 Contirac 00- Contract Times Bidder agrees to reach Substantial Completion in 270 days Bidder agrees to reach Final Completionin 300 days Bid Form Page 5 of 5 Laguna Shores Road Force Main Replacement-Project No.E10054 Rev 01-13-2016 U.S. Specialty Insurance Company TEXAS COMPLAINT NOTICE IMPORTANT NOTICE AVISO IMPORTANTE 1. To obtain information or make a complaint: Para obtener informacion o para someter una queja: 2. You may contact your agent. Puede comunicarse con su agente. 3. You may call the company's toll free telephone Usted puede llamar al numero de telefono gratis number for information or to make a complaint at: de la compania's para informacion o para someter una queja al: 1-800-486-6695 1-800-486-6695 4. You may also write to the company at: Usted tambien puede escribir a la compania: 801 S. Figueroa Street, Suite 700 801 S. Figueroa Street, Suite 700 Los Angeles, CA 90017 Los Angeles,CA 90017 5. You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion acerca coverages, rights, or complaints at: de companias, coberturas, derechos, o quejas al: 1-800-252-3439 1-800-252-3439 6. You may write to the Texas Department of Puede escribir al Departamento de Seguros de Insurance at: Texas al: Consumer Protection(I 1 l-1 A) Consumer Protection(111-1A) P.O. Box 149091 P.O. Box 149091 Austin,TX 78714-9091 Austin,TX 78714-9091 Fax No. (512)490-1007 Fax No. (512)490-1007 Web: http://www.tdi.texas.gov Web: http://www.tdi.state.tx.us E-mail:ConsumerProtection(a)tdi.texas.gov E-mail: ConsumerProtection(-a,tdi.texas.gov 7. PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your Si tiene una disputa concerniente a su prima o a premium or about a claim you should contact the un reclamo,debe comunicarse con el agente o la agent or the company first. If the dispute is not compania primero. Si no se resuelve la disputa, resolved,you may contact the Texas Department puede entonces comunicarse con el departamento of Insurance. (TDI). 8. ATTACH THIS NOTICE TO YOUR POLICY UNA ESTE AVISO A SU POLIZA This notice is for information only and does not Esta aviso es solo para proposito de informacion y become a part or condition of the attached no se convierte en parte o condicion del document. documento adjunto. HCCSTXM0008 10 7022' Bid Bond SURETY DEPARTMENT Conforms with the American Institute of Architects,A.I.A Documents No.A-310 KNOW ALL MEN BY THESE PRESENTS, That we, Bridges Specialties, Inc. as Principal hereinafter called the Principal, and U.S.Specialty Insurance Company a corporation created and existing under the laws of the State of TX whose principal office is in Houston,TX as Surety,hereinafter called the Surety, are held and firmly bound unto City of Corpus Christi as Obligee, hereinafter called the Obligee, in the sum of Five Percent of the Greatest Amount Bid Dollars ($5%GAB) for the payment of which sum,well and truly to be made,the said Principal and the said Surety,bind ourselves,our heirs, executors,administrators,successors and assigns,jointly and severally, firmly by these presents Whereas,the Principal has submitted a bid for Laguna Shores Road Force Main Replacement City Project No. E10054 NOW,THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid,and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof,or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect Signed and sealed this 25th day of July, 2018 Bridges Specialties. Inc. (Princi 1) By I (SEAL) U.S.Specialty Insurance Company (Surety) By (SEAL) Robert G. Kanuth Attorney-in-fact POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company,a Texas corporation(collectively,the"Companies"),do by these presents make, constitute and appoint: Johnny Moss,Jay Jordan,Tony Fierro,Jeremy Barnett,Jade Porter,Mistie Beck, Robert G.Kanuth or Jarrett Willson of Rockwall,Texas its true and lawful Attomey(s)-in-fact,each in their separate capacity if more than one is named above,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds,recognizances,undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *********************Ten Million********************* Dollars ($ **10,000,000.00* . This Power of Attorney shall expire without further action on November 3,2019. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attomey-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts,and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 1 st day of November,2016. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY Corporate Seals UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY „pnm.111y ow unyy a„pnwunnly, „quwuunr 1N,aroReyy o `yg\,R�by alloINac., �y\naua oe. -••...tiaroc, .``rt..•......,.lya, ;V `.o`4� a '•;•`'' : �,•' \� �I the rya[ E f o- E By: 3Yi NOWOMIED ys —OS ;= ?W: ;_� �%' �� tj - _ W °�^'%'"° � =Y'• a' "=.r'. �t.�1�1 ,� Daniel P.Aguilar,Vice Presi ent '''''ycAi iFORN�'`P`O pnnuumro"`", luunnn Focnpublic or other officer completing this certificate verifies only the identity of the individual who signed the rto which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Los Angeles SS: On this 1st day of November,2016, before me,Sabina Morgenstein,a notary public, personally appeared Daniel P.Aguilar,Vice President of American Contractors Indemnity Company,Texas Bonding Company,United States Surety Company and U.S.Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whosename is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person,or the entity upon behalf of which the person acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws ofthe State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SABINA MORGENSTEIN Commission N 2129256 Signature (Seal) Notary Public-California Los Angeles County My Comm.Expires Nov 3,2019 I,Kio Lo,Assistant Secretary of American Contractors Indemnity Company,Texas Bonding Company,United States Surety Company and U.S. Specialty Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Companies,which is still in full force and effect;furthermore,the resolutions of the Boards of Directors,set out in the Power of Attorney are in full force and effect. hyti In Witness Whereof,I have hereunto set my hand and affixed the seals of said Companies at Los Angeles,California this as day of 'tiA.1!6 Corporate Sealsoat S`"na Cioyyyy g SUlrr" "gNOINIGy"4,c ........,,b"'•,y . s m:• •o 4: •:a,aa* r.lr' t c+ r y? VA i'' + •t* _ `f aW 1 ! c, t9 _ y '�- Kin Lo,Assistant-Secretary sc.: elrnlnoadm ey= Oi V A ewi A svi! Y i8'= Bond NO. f�/ '°s5' sE.r.a.,we o`` ;�:• •�v` _'"'• i.�` j i a ?f.` ''s, +.., ?.t•'\ ?'?c 'act. :'y c '': ? c` %,7+...........•tc "'',tel,,•.. �.p� �y +.......�•'` Agency No. 17042 "•y6�L�FORN\�.o` yMn * x°r yMOFTE+o`` Wyy * o°``c II IIIIn1aH IUlllll,laaaa IIIIIIIIIIIna\ Irnlll{1919\aa 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 1 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: malyfule L, Title: D:ffic-e Mono er Cape or Prim) Signature of Certifying Date: Person: 41j4,4 `7 67 DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain,whether professional,industrial or commercial,and whether established to produce or deal with a product or service, including but not limited to,entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers,Department and Division Heads,and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. City of Corpus Christi 003005-2 Disclosure of Interest Rev 01-13-2016 00 30 00 BID ACKNOWLEDGEMENT FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with he Drawings,SpecificatiQ s,and Contract Documents,this Bid Proposal is submitted by_ 11 C eJ eG I eS —TG (type or print name of company)on:Wednesda ,July 25,2018 at 2:00 P.M.for Laguna Shores Road Force Main Replacement, Project No. E10054. 1.02 Submit Bids, Bid Security and all attachments to the Bid (See Section 7.01 below)to the City's electronic bidding website at www.CivCastUSA.com. If submitting hard copy bids or bid security in the form of a cashier's or certified check, please send to: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid—Laguna Shores Road Force Main Replacement,Project No. E10054 All envelopes and packages(including FEDEX envelopes) must clearly identify,on the OUTSIDE of the package,the project name and number and that bid documents are enclosed. ARTICLE 2—BIDDERS'S ACKNOWLEDGMENTS 2.01 Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with Owner on the form included in the Contract Documents,to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents. 2.02 Bidder accepts all of the terms and conditions of SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS, including those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids. 2.03 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement. 2.04 Bidder acknowledges receipt of the following Addenda: Addendum No. Addendum Date Signature Acknowledging Receipt 4-44 Bid Acknowledgement Form 00 30 00-1 Laguna Shores Road Force Main Replacement—Project No.E10054 ReV01-13-2016 ARTICLE 11-BID SUBMITTAL 11.01 This Bid is submitted by: Bidder: S ec (a I yes .1 n G (typed er printed full legal n e of Bidder) By: -�--�- � cw or (individual's nature) Name: 5ql=T o f don (typed or printed) Title: prft�da/�r/der zz�: ed) Attest: (individuco signature) State of Residency: n� Federal Tax Id. No. Address for giving notices: Q 3.3 F ro 0 Ll 0 0 w a T -7 '3 SU Phone: �3(� 3g7"o�`�y,3 Email ,�,0,�on a Q l)rlclges,soeuci�[Ie5iAC co/h IJ ki(Attach evidence of authority to sign if the authorized individual is not the Bidder, but an individual signing on behalf of another individual Bidder, or if the authorized individual is a representative of a corporation, partnership,or joint venture.) END OF SECTION Bid Acknowledgement Form 003000-6 Laguna Shores Road Force Main Replacement-Project No. E10054 ReV01-13-2016 00 30 06 NON-COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi,Texas 1201 Leopard Street Corpus Christi,Texas 78401 CONTRACT: Laguna Shores Road Force Main Replacement Project No. E10054 Bidder certifies that they have not been a party to any collusion among Bidders in the restraint of freedom of competition by agreement to submit a Bid at a fixed price or to refrain from bidding;or with any official or employee of the Owner as to quantity, quality,or price in the prospective contract, or any other terms of said prospective contract;or in any discussion between Bidders and any official of the Owner concerning exchange of money or other thing of value for special consideration in the letting of a contract. I Company Name: ( e G I _ y t: (typed or printed) By: G1�w i (signature--attach evidence of ajoority to sign) Name: n 6Eordon (typed or printed) Title: I �^ eG (Don Business address: 033 EM k;? Lr +vwn, J)( ` 9250 Phone: 3�I`397-Q7L1,3 Email: � ( � �I ue-s-wectc-d+c�S Ie1G<<P/n END OF SECTION Non-Collusion Certification 003006-1 Laguna Shores Road Force Main Replacement—Project No.E10054 11-25-2013 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder" refers to a person who is not a resident of Texas. "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that is correct for Bidder. ❑ Bidder qualifies as a nonresident bidder whose principal place of business or residency is in ` the State of Lid Bidder(includes parent company or majority owner)qualifies as a resident bidder whose principal place of business is in the State of Texas. The Owner will use the information provided in the State of Texas Comptroller's annual publication of other states' laws on contracts to evaluate the Bids of nonresident Bidders. Bidder: Company Name: B r t do Ps S ec 1 ie-S 1n c (typed or printed By: (signature--attach eviden of authority to sign) Name: r I Gn 9) r l dd S (typed or printed) Title: eside Business address: Br I d n e3 S o PG 17 C ud3 �a kQ Phone: 3(0�-,35'7-a`7y3 Email: riatld@bfUd=S42ectc7 flesin(-,com END OF SECTION Compliance to State Law on Nonresident Bidders 00 30 02-1 Laguna Shores Road Force Main Replacement—Project No.E10054 11-25-2013 00 30 05 City of Corpus Christi Disclosure of Interest / 1 SUPPLIER NUMBER TO BE ASSIGNED BYCP17- _ PURCHASING DIVISION C of CITY OF CORPUS CHRISTI C of DISCLOSURE OF INTEREST C�a 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: eGt ! e,3 L P.O.BOX: STREET ADDRESS: Ya33 G CITY: Wn ZIP: 7F3LS0 FIRM IS: 1. Corporation 2. Partnership3. Sole Owner ❑ 4. Association 5. Other ❑ DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 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) 11 /4 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 City of Corpus Christi 00 30 05-1 Disclosure of Interest Rev 01-13-2016 00 30 00 BID ACKNOWLEDGEMENT FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with the Drawings,Specifications,and Contract Documents,this Bid Proposal is submitted by 5PIE5S GONSTP W(,- I QN a.,INC. (type or print name of company)on:Wednesday,July 25,2018 at 2:00 P.M.for Laguna Shores Road Force Main Replacement,Project No. E10054. 1.02 Submit Bids, Bid Security and all attachments to the Bid (See Section 7.01 below)to the City's electronic bidding website at www.CivCastUSA.com. If submitting hard copy bids or bid security in the form of a cashier's or certified check, please send to: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid—Laguna Shores Road Force Main Replacement,Project No. E10054 All envelopes and packages (including FEDEX envelopes) must clearly identify,on the OUTSIDE of the package,the project name and number and that bid documents are enclosed. ARTICLE 2—BIDDERS'S ACKNOWLEDGMENTS 2.01 Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with Owner on the form included in the Contract Documents,to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents. 2.02 Bidder accepts all of the terms and conditions of SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS, including those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids. 2.03 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement. 2.04 Bidder acknowledges receipt of the following Addenda: Addendum No. Addendum Date Signature Acknowledging Receipt Bid Acknowledgement Form 00 30 00-1 Laguna Shores Road Force Main Replacement—Project No.E10054 ReV01-13-2016 ARTICLE 3—BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3.03 The Bidder is familiar with Laws and Regulations that may affect cost, progress,and performance of the Work. 3.04 The Bidder has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; C. Underground Facilities referenced in reports and drawings; D. Reports and drawings relating to Hazardous Environmental Conditions,if any,at or adjacent to the Site; and E. Technical Data related to each of these reports and drawings. 3.05 The Bidder has considered the: A. Information known to Bidder; B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site;and D. The Contract Documents. 3.06 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information,observations, and documents on: A. The cost, progress,and performance of the Work; B. The means, methods,techniques,sequences,and procedures of construction to be employed by Bidder;and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs, Bidder agrees that no further examinations, investigations,explorations,tests,studies,or data are necessary for the performance of the Work at the Contract Price,within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents,and Bid Acknowledgement Form 003000-2 Laguna Shores Road Force Main Replacement—Project No. E10054 ReV01-13-2016 all additional examinations, investigations,explorations,tests,studies,and data with the Contract Documents. 3.10 The Bidder has given the OAR written notice of all conflicts, errors,ambiguities,or discrepancies that the Bidder has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Bidder. 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 4—BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents at the unit prices shown in the BID FORM. A. Extended amounts have been computed in accordance with Paragraph 13.03 of the General Conditions. B. Bidder acknowledges that the estimated quantities are not guaranteed, and final payment for all Unit Price items will be based on actual quantities provided, measured as provided in the Contract Documents. C. Unit Price and figures column will be used to compute the actual Bid price. ARTICLE 5—EVALUATION OF BIDDERS 5.01 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides the best value for the Owner. The Owner will consider the amount bid,the Bidder's responsibility,the Bidder's safety record,the Bidder's indebtedness to Owner and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder.The Owner reserves the right to waive any and all irregularities in determining the Bidders' responsibility or value, and whether the Bidder has met the minimum specific project experience requirements, and reserves the right to require the submission of additional information. 5.02 The Owner has the right to accept a Bid, reject any and all Bids,to waive any and all irregularities in the Bids,or to reject non-conforming, non-responsive or conditional Bids. In addition,the Owner reserves the right to reject any Bid where circumstances and developments have, in the opinion of the Owner,changed the responsibility of the Bidder. 5.03 Material misstatements in the documentation submitted to determine the Bidder's responsibility, including information submitted per SECTION 00 45 16 STATEMENT OF EXPERIENCE, may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement, if discovered after award of the Contract to such Bidder, may be grounds for immediate termination of the Contract. Additionally,the Bidder will be liable to the Owner for any additional costs or damages to the Owner resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. Bid Acknowledgement Form 003000-3 Laguna Shores Road Force Main Replacement—Project No.E10054 ReV01-13-2016 ARTICLE 6—TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within 270 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions. Bidder will complete the Work required for final payment in accordance with Paragraph 15.06 of the General Conditions within 300 days after the date when the Contract Times commence to run. 6.02 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within the number of days indicated. ARTICLE 7—ATTACHMENTS TO THIS BID In compliance with the Bid Requirements in SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS,the following are made a condition of this Bid: A. Bid Security. B. SECTION 00 30 00 BID ACKNOWLEDGEMENT FORM and documentation of signatory authority. C. SECTION 00 30 01 BID FORM. D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. SECTION 00 30 05 DISCLOSURE OF INTEREST. F. SECTION 00 30 06 NON-COLLUSION CERTIFICATION. ARTICLE 8—DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9—VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County,Texas for any legal action. ARTICLE 10—SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name,state of residency,and federal tax identification number in the Bid Form. 10.02 The Bidder, or the Bidder's authorized representative,shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner,or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s)signing the Bid must have the authority to bind the Bidder to a contract,and if required,shall attach documentation of signatory authority to the Bid Form. Bid Acknowledgement Form 003000-4 Laguna Shores Road Force Main Replacement—Project No.E10054 ReV01-13-2016 10.03 Bidders who are individuals("natural persons"as defined by the Texas Business Organizations Code§1.002), but who will not be signing the Bid Form personally, shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the individual(s) authorized to execute documents on behalf of the Bidder. Bidders using an assumed name (an "alias")shall submit a copy of the Certificate of Assumed Name or similar document. 10.05 Bidders that are not residents of the State of Texas must document their legal authority to conduct business in Texas. Nonresident Bidders that have previously registered with the Texas Secretary of State may submit a copy of their Certificate of Authority. Nonresident Bidders that have not previously registered with the Texas Secretary of State shall submit a copy of the Bidder's enabling documents as filed with the state of residency,or as otherwise existing. Bid Acknowledgement Form 003000-5 Laguna Shores Road Force Main Replacement—Project No. E10054 ReV01-13-2016 ARTICLE 11-BID SUBMITTAL 11.01 This Bid is submitted by: nn Bidder: SPIGSS CyAj-sTRlit c-nbN l�O._ lar . (typed or printed full legal name of Bidder) By: I✓ (individual's signature) Name: Bgpol L M-' TLf+t--,rr I (typed or printed) Title: Vi CC-, IPQ,&S I NI W; 60uc�,� (typed or printed) Attest: WOW DAWID-Sot4, S�W(individuol's signature) State of Residency: etob F-ORN//-* Federal Tax Id. No. X15-31 I G G7LI- Address for giving notices: 1116 E-- , (',(AQK ,A,VE . i -'#2IQ Phone: RL5437 rJJbSCJ Email: i V11-0 9 SGL i'G a n S . CO m (Attach evidence of authority to sign if the authorized individual is not the Bidder, but an individual signing on behalf of another individual Bidder,or if the authorized individual is a representative of a corporation, partnership,or joint venture.) END OF SECTION Bid Acknowledgement Form 003000-6 Laguna Shores Road Force Main Replacement-Project No. E10054 Rev 01-13-2016 00 30 01 BID FORM Project Laguna Shores Road Force Main Replacement Name: Project E10054 Number- Owner:—Cl umber:Owner: Ct OfCorpusChnsi Bidder: OAR: Designer: IUA Engineering,Inc Item DESCRIPTION UNITI in ESTIMATED UNIT PRICE EXTENDED AMOUNT BASE BID PART A-GENERAL(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Al Mobilization(Max.5%) LS 1 $2Z0,090 S 7-7-0,000 A2 Bonds and Insurance LS I $(yD,zo S 140'X00 A3 Traffic Control LS I S 90.,Wa S e10,000 A4 Storm Water Pollution Prevention Plan LS I S10,000 S 10,0040 A5 Ozone Action Day DAYS 5 $ 1,000 S A- -) t 0 A6 Contingency Allowance for Unanticipated Adjustments LS 1 S 50,000.00 $ 50 000 A7 Contingency Allowance for Unanticipated Disposal of Contaminated Groundwater LS I S 25,000.00 $Zsj coo SUBTOTAL PART A-GENERAL(ITEMS AI THRU A7) S '5 0q Opo - PART B-NEW FORCE MAIN(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) B I Directionally Drilled 24"Fusible C905(DR-18)PVC Force Main LF 2,313 S 4123 - S q 79 399 B2 Encased 24"Fusible C905(DR-18)PVC Force Main LF 437 S 403 - $ 17G, I j I B3 Directionally Drilled 36"Fusible C905(DR-18)PVC Casing LF 437 S G613- S 302- $H 1 - B4 Bore Pit Trench Safety EA 6 $ 1,000- $ (0,000 B5 24"C905(DR-18)PVC Force Main(0'-6') LF 1,089 S Z q$- S 37-14,e'52-2-- B6 32y522B6 24"C905(DR-18)PVC Force Main(6'-8') LF 1,090 S 30$ - S 335,72Q- B7 24"C905(DR-18)PVC Force Main(8'-10') LF 96 S 335- S r y L/$- B8 24"C905(DR-18)PVC Force Main(10'-12') LF 31 S -353 S )Q q y 3 B9 24"C905(DR-18)PVC Force Main(12'-14') LF 215 S Lio3- S 8cov4s- BIO 24"C905(DR-18)PVC Force Main(14'-16') LF 183 S 'q -2,- S 7e) 2,39 B11 Trench Safety for Open Cut Pipe Installation LF 2,704 $ $ 2,',-A:)y B12 Well Pointing LF 2,704 S Z-5 - $ (o7, 6700 - B13 Connect New 24"FM to Existing 18"FM(Incl.All Req'd 18"FM Pipe and Appurtenances(Excluding Tee, LS 1 $140,0pCa S q0 000 Reducer,and PlugValve&Box).Line Stopwith Bypass.&Coordination with Ci Operating Department) B14 I8"x6"Tapping Sleeve and Valve EA 1 $ ?-'15700 S 2,1ja—") B15 24"x6"Tapping Sleeve and Valve EA 1 $2,,zWO $ 2 1500 B16 18"Tee EA 1 $2''500 S Z'500 B17 18"Plug Valve&Box EA I S10,Wo- S 10,000 B18 24"xl8"Reducer EA I S Y 50o S 44,500 B19 24"Plug Valve&Box EA 6 $1!50M $ q0.,OW B20 24"11.25°Bend EA 7 S 3�J_mK016 S 2-1 X001 B21 24"22.5°Bend EA 3 S -3000 S qe 400 B22 24"45°Bend EA 17 S 3,0( ra $ ;51"ma iB23 4"AirNacuum Release Valve in 5'Diameter F'G Manhole EA 6 $1 Q'XV $ 60/000 824 Manhole Trench Safety EA 6 $ tJ.0'p- S 3,000 Bid Form Page 1 of 5 Laguna Shores Road Force Main Replacement-Project No.E10054 Rev 01-13-2016 00 30 01 BID FORM ESTIMATED Item DESCRIPTION UNIT UNITPRICE EXTENDED AMOUNT B25 Adjust Manhole Ring and Cover EA 5 $ 600 $ 2.1500 B26 Connect New 24"FM to Existing Laguna Madre WWTP Infrastructure LS 1 S /0,000 S `O00 B27 Street Excavation(Inside Trench Repair Limits&I'Beyond E.O.P.) SY 2,918 S 17 - S (00G B28 Subgrade Preparation(Inside Trench Repair Limits&1'Beyond E.O.P.) SY 2,918 $ I - $ 2 —4918 B29 TX-5 Geogrid(Inside Trench Repair Limits&F Beyond E.O.P.) SY 2,918 $ y - $ 7� B30 10"Type A,Grade 1-2 Crushed,Limestone Base per TxDOT Std,Spec.Item No.247(Inside Trench Repair SY 2,918 $ S 5i 52 Limits&1'B and E.O.P. B31 Prime Coat(0.20 GallonsiSY) GAL 584 $ - - $ 2, 612-0 - B32 3"Type'D'HMAC SY 2,747 S 2-5 - S (o$ �o7jr- B33 Reflective Pavement Markings TY.I(Y)(4")(SLD)(100 mil) LF 3,092 S j S CQ Z B34 Reflective Pavement Markings TY.I(Y)(4")(BKN)(100 mil) LF 140 $ I $ I Li B35 Reflective Pavement Markings TY.I(W)(4")(SLD)(100 mil) LF 1,083 $ I $ (/003 B36 Raised Reflective Pavement Markings(TYII-A-A)Yellow EA 53 S too - S 00 B37 Silt Fence LF 4,820 $ Z - $ Cl (VC4 Q B38 Inlet Protection EA 1 7 $ 100- $ 700 B39 Hydromulch SY 1,183 S j S ( es SUBTOTAL PART B-NEW FORCE MAIN(ITEMS BI THRU B39) $ PART C-NEW GATEWAY LIFT STATION(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) Cl Salvage,Demolish,and Fill In Existing Gateway Lift Station LS I $3.Q�Ql:v S 'jQ�000 C2 Construct New Gateway Lift Station LS 1 S(4G t0W S CIO 4PI& 000- C3 Open Trench 6"C900(DR-18)PVC Force Main LF 110 $ 2.00- $ 2-2,000 C4 Trench Safety for Open Cut Pipe Installation LF 110 S I S ( ^ C5 Well Pointing LF 110 $ 2.5 C6 6"Tee(on Prop.6"C900 PVC FM) EA I S t $ 0 C7 6"Plug Valve(on Prop.6"C900 PVC FM) EA 2 S I G" S 3 Opp C8 6"451 Bend(on Prop.6"C900 PVC FM) EA 4 $ S Coop SUBTOTAL PART C-NEW GATEWAY LIFT STATION(ITEMS CI THRU CS) S 72 9 9(p0 PART D-GRAVITY WASTEWATER IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) DI Grout Fill and Abandon-in-Place Existing 4"FM LF 21 S 2 - $ 52 D2 Grout Fill and Abandon-in-Place Existing 8"WWL LF 22 S �,5 - $ '550 D3 Grout FIII and Abandon-in-Place Existing 10"WWL LF 455 $ yO - S ' S Zpp D4 Remove Sewage,Grout,and Abandon-in-Place Existing 12"WWL LF 310 S D5 Remove Sewage and Grout Fill Bottom of Existing 4'Manhole to Flowline EA 1 $2f VOO $ 2—,,9000 D6 Remove Ring&Cover,Top 2'of Manholc,and Grout and Abandon-in-Place Existing Manhole EA 4 $2 $ 13'e coo D7 12"WW Stub and Cap EA I S I 000 S ( oc?a D8 12"SDR26 PVC(10'-12') LF 265 S (,/000 S 265 ixc - D9 12"SDR26 PVC(12'-14') LF 106 $ j,00 S J Z,7 ZOO - DIO Trench Safety for Open Cut Pipe Installation LF 371 S I - S 971 Dl l Well Pointing LF 371 S Z"5 - S 9 Z 75 DI2 T Diameter FG Manhole EA 5 S 2.Z,0W $ lip,OOZ) Bid Form Page 2 of 5 Laguna Shores Road Force Main Replacement-Project No.E10054 Rev 01-13-2016 00 30 01 BID FORM Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED AMOUNT DI3 Manhole Extra Depth(>6') VF 27 $ 2.00 - S '5.,4100 DI4 Manhole Trench Safety EA 5 S I.,OCO S Lj 000 DIS Adjust Manhole Ring and Cover EA 5 S cop- S 2 rip D16 Reconnect Existing WW Service EA 10 S1 ovo S 10,000 - D17 Unanticipated New WW Service EA 1 S a0m S 3 00a DI8 WW Bypass Operations LS I S � $ SUBTOTAL PART D-GRAVITY WASTEWATER IMPROVEMENTS(ITEMS Dl THRU D18) S G 3e r 7- PART E-FLOW METERS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) EI Install Flow Meter at One(1)Lift Station(Excludes Meter Cost) EA I S lO a)o S )0,000 E2 Ultrasonic Flow Meter by Fuji Electric,or Approved Equal EA I S>TDOQ $ E3 S'Diameter FIG Manhole EA I S 8 ` ] S 8�Opp E4 Manhole Trench Safety EA I S 1/000o, S 1/000 E5 Adjust Manhole Ring and Cover EA 1 S S'OQ S 500 SUBTOTAL PART E-FLOW METERS(ITEMS El THRU E5) $ 2-1t,600 PART F-ELECTRICAL(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) F I AEP Electric Service Allowance LS I S 15,000.00 S 5 co F2 Service Main EA 1 S fJ�L3 S F3 Pump Control Panel EA 1 S )2,007 S )2.,OV F4 Junction Boxes LS I S 1r00,9 S )• 000 F5 Scada Panel EA 1 $ Oce; $ &,4 esxmp F6 Mini Power Zone EA I S 7 am- S 7 qo0 F7 Manual Transfer Switch EA 1 s7 S 7 t F8 Scada Pole Foundation and Antenna EA 1 S5,-,00,0 S S/= F9 Flood Light and Pole EA 1 S s Flo Underground Trench LF 300 S /O S 3,600 I'll HMI Graphics Programming LS I S S 10"000 F12 Conduit and Wiring LS 1 sz!;; 0 S ZS wo F13 Electrical Support Rack EA I S 4, S �i bb0 F14 Miscellaneous Electrical LS 1 S C. �VGC>7 S rJ�POp i FIS Testing and Commissioning LS I S � S 1, 500 F16 O&M Manuals LS 1 $3,000 s 3 &V0 SUBTOTAL PART F-ELECTRICAL(ITEMS Fl THRU F16) $ 161 Ck ocy TOTAL BASE BID(PARTS A THRU F) ADDITIVE ALTERNATE NO.I-FULL WIDTH PAVEMENT RECONSTRUCTION PART At-GENERAL(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) AI•I ADD:Mobilization LS I I S /7 $ )5,000 AI:2 ADD:Bonds and Insurance LS 1 5 rG/ow S rjZ 000 SUBTOTAL PART Al-GENERAL(ITEMS A1:1 THRU A1:2) S oc Bid Form Page 3 of 5 Laguna Shores Road Force Main Replacement-Project No.E10054 Rev 01-13-2016 00 30 01 BID FORM it.. I DESCRIPTION UNIT �TFDUNIT PRICE EXTENDED AMOUNT PART BI-NEW FORCE MAIN(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) BI°I ADD:Street Excavation(1'Beyond E.O.P.) SY 5,445 S ) -7 - S 2 - BL2 ADD:Subgrade Preparation(I'Beyond E.O.P.) SY 5,445 S S B 1:3 ADD:TX-S Geogrid(]'Beyond E.O.P.) SY 5,445 $ $ 2 78th B1:4 ADD: 10"Type A,Grade 1-2 Crushed,Limestone Base per TxDOT Std.Spec.Item No.247(1'Beyond SY 5,445 $ ($ - S qg 4 - E.O.P. B I:5 ADD:Prime Coat(0 20 GallonsiSY) GAL 1,089 $ $ S 41y G 81:6 ADD:3"Type'D'HMAC SY 4,908 $ ZS- $ 12—Z,700 - B 1:7 ADD:Reflective Pavement Markings TY.I(Y)(4")(SLD)(100 mil) LF 648 S S 644$ 131:8 ADD:Reflective Pavement Markings TY.I(Y)(4")(BKN)(100 mil) LF 110 S i $ B 1:9 ADD:Reflective Pavement Markings TY.1(W)(4")(SLD)(100 mil) LF 4,664 $ $ B I:10 ADD:Raised Reflective Pavement Markings(TYII-A-A)Yellow EA 19 $ 1100 - S 1 ,q00 SUBTOTAL PART Bl-NEW FORCE MAIN(ITEMS Bl:l THRU B1:10) Z,(67 TOTAL ADDITIVE ALTERNATE NO.1(PARTS Al AND BI) S 3-7 2.b7 ADDITIVE ALTERNATE NO.2-FLOW METERS PART A2-GENERAL(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) A2.1 ADD:Mobilization LS I S��' . S S r A22 ADD:Bonds and Insurance LS I S$/C S Z 6 SUBTOTAL PART A2-GENERAL(ITEMS A2:I THRU A2:2) S ;� ; PART E2-FLOW METERS(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) E2:1 ADD:Install Flow Meter at Four(4)Lift Stations(Excludes Meter Cost) EA 4 S Z$ S ' 2 ppp E2:2 ADD:Ultrasonic Flow Meter by Fuji Electric,or Approved Equal EA 4 $S .,CL0 $ Z D� E2:3 ADD:6'Diameter FxG Manhole EA 4 $,-,. $ E2:4 ADD:Manhole Trench Safety EA 4 S l/ppv $ LJ.1 pip SUBTOTAL PART E2-FLOW METERS(ITEMS E2:1 THRU E2:4) $ 2,71 eq,000- TOTAL ADDITIVE ALTERNATE NO.2(PARTS A2 AND E2) S 23 l Bid Form Page 4 of 5 Laguna Shores Road Force Main Replacement-Project No.E10054 Rev 01-13-2016 00 30 01 BID FORM Item DESCRIPTION UNIT UNIT PRICE EXTENDED AMOUNT BID SUMMARY BASE BID SUBTOTAL PART A-GENERAL(ITEMS AI THRU A7) $ 5;00,=o SUBTOTAL PART B-NEW FORCE MAIN(ITEMS B I THRU B39) s at q 2-11 12-15 - SUBTOTAL PART C-NEW GATEWAY LIFT STATION(ITEMS CI THRU C8) $ '72 C1, 6i(Z SUBTOTAL PART D-GRAVITY WASTEWATER IMPROVEMENTS(ITEMS DI THRU 1318) $ (033 S 2 I - SUBTOTAL PART E-FLOW METERS(ITEMS El THRU E5) $ a.y SQa SUBTOTAL PART F-ELECTRICAL(ITEMS FI THRU F16) $ TOTAL PROJECT BASE BID(PARTS A THRU F) s y 9 78 (� ADDITIVE ALTERNATE NO.I SUBTOTAL PART At-GENERAL(ITEMS AI I THRU A1:2) $ Z Q,, SUBTOTAL PART BI-NEW FORCE MAIN(ITEMS BI I THRU BI 10) $ 3532-(,7 TOTAL ADDITIVE ALTERNATE NO.I(PARTS Al AND Bl) S 473, 247 ADDITIVE ALTERNATE NO.2 SUBTOTAL PART A2-GENERAL(ITEMS A2:1 THRU A2:2) $ 7 C• SUBTOTAL PART E2-FLOW METERS(ITEMS 112:1 THRU E2:4) $ ZZC.+ 9!5S TOTAL ADDITIVE ALTERNATE NO.2(PARTS A2 AND E2) TOTAL PROJECT BASE BID s 44/4-78 , 10C, TOTAL PROJECT BASE BID+ADDITIVE ALTERNATE NO.I s 351 3 73 TOTAL PROJECT BASE BID+ADDITIVE ALTERNATE NO.2 S S� Z09 I" TOTAL PROJECT BASE BID+ADDITIVE ALTERNATE NO.1+ADDITIVE ALTERNATE NO.2 s S.SS 2.,e 873 Contract Times Bidder agrees to reach Substantial Completion to 270 days Bidder agrees to reach Final Completion to 300 days Bid Form Page 5 of 5 Laguna Shores Road Force Main Replacement-Project No.E10054 Rev 01-13-2016 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder" refers to a person who is not a resident of Texas. "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that is correct for Bidder. Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of CA1,1 FOiQ.NI A ❑ Bidder(includes parent company or majority owner)qualifies as a resident bidder whose principal place of business is in the State of Texas. The Owner will use the information provided in the State of Texas Comptroller's annual publication of other states' laws on contracts to evaluate the Bids of nonresident Bidders. Bidder: Company Name: SplEss Corns-rR ucnot-r 6D -, 1n1C (typed or printed) By: �, (si ature--attach evidence of authority to sign) Name: pazp,y L. MA—TWE-rT 11// (typed or printed) V Title: l cc-- PeAE61zCN7 Business address: R0, 60X !Z949 G-AAmA MARVA /60 0131-15 7 Phone: f5�,5-937- ✓859 Email: j/1--0 $GGi-bb n /4$- Cpm END OF SECTION Compliance to State Law on Nonresident Bidders 00 30 02-1 Laguna Shores Road Force Main Replacement-Project No. E10054 11-25-2013 t i t RESOLUTION OF BOARD OF DIRECTORS OF SPIESS CONSTRUCTION CO., INC. E i i RESOLOVED, That any of the following persons, Scott A. Coleman, t President/CFO; Jeff L. Davidson, Secretary; Barry Matchett, Vice-P res ident/Asst. Secretary; Frank Forthun, Assistant Vice-President; acting together or individually, are hereby authorized to bid on any private or public works construction project on behalf of said Corporation; are authorized and instructed to execute such Bid Proposal Forms, Contracts, Change Orders; and other documents as may be necessary and on behalf of said Corporation. I, Jeff L. Davidson, do hereby certify that I am the duly elected and qualified Secretary and the Keeper of the records and corporate seal of Spiess Construction Co., Inc. a corporation organized and existing under the laws of the State of California, and that the above is true and correct copy of the resolution duly adopted at a meeting of the Board of Directors thereof, convened and held in accordance with law and Bylaws of said Corporation on the 3rd day of March 2015, and such the resolution is now in full force and effect. IN WITNESS THEREOF, I have affixed my name as Secretary and have caused the corporate seal of said Corporation to be hereunto affixed the 3rd day of March 2015. Jeff L. Davidson, Secretary r 00 30 05 City of Corpus Christi Disclosure of Interest SUPPLIER NUMBER TO BE ASSIGNED BY CrrT-- PURCHASING DIVISION CITY OF CORPUS CHRISTI city off DISCLOSURE OF INTEREST us Chnsti 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: SPI ESS CC N S?R t4 G?l Div CC _, �At C . P.O.BOX: 13 VA ze)49, SAN-rA-/-W9 1A I W G&LAS,7 STREET ADDRESS: 1110 i-• UUK AVi'✓1T'�21 b CITY: SA rrA M,F191A ZIP: C13LI5 5 FIRM IS: 1. Corporation 2. Partnership e 3. Sole Owner ❑ 4. Association 5. Other If additional space is necessarDISCLOSURE QUESTIONS y,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 ri 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 I Title 3. State the names of each"board member"of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name N ' 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 I Consultant City of Corpus Christi 00 30 05-1 Disclosure of Interest Rev 01-13-2016 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: .SARAY L. M4"]64ETr - Title: frAw or Print) Signature of Certifying Date,• JULY alU Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain,whether professional, industrial or commercial,and whether established to produce or deal with a product or service, including but not limited to,entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. City of Corpus Christi 003005-2 Disclosure of Interest Rev 01-13-2016 00 30 06 NON-COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi,Texas 1201 Leopard Street Corpus Christi,Texas 78401 CONTRACT: Laguna Shores Road Force Main Replacement Project No. E10054 Bidder certifies that they have not been a party to any collusion among Bidders in the restraint of freedom of competition by agreement to submit a Bid at a fixed price or to refrain from bidding;or with any official or employee of the Owner as to quantity, quality,or price in the prospective contract,or any other terms of said prospective contract;or in any discussion between Bidders and any official of the Owner concerning exchange of money or other thing of value for special consideration in the letting of a contract. Company Name: SpIt:SS LON-eVIfCTI V14 (.tJ 5 fIJC (typed or printed) By: ignature--attach evidence of authority to sign) Name: 13AI2,R y L • MA-Mq e7T (typed or printed) Title: V1 CE 1,6E—/VT Business address: 1;O. 80x 2-a" 34NT4 MA kiA I G1i q3 X157 Phone: M5-X37.5059 Email: END OF SECTION Non-Collusion Certification 00 30 06-1 Laguna Shores Road Force Main Replacement—Project No.E10054 11-25-2013 BID BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 KNOWN ALL BY THESE PRESENTS, That we,Spiess Construction Co., Inc. , as Principal, and Travelers Casualty and Surety Company of America, as Surety, are held and firmly bound unto City of corpus Christi , as Obligee, in the Sum Of Five Percent of Amount Bid Dollars ($ 5% ) for the payment of which we bind ourselves, and our successors and assigns, jointly and severally, as provided herein. WHEREAS, Principal has submitted or is about to submit a bid to the Obligee on a contract for E10054 Laguna Shores Road Force Main Replacement ("Project"). NOW, THEREFORE, the condition of this bond is that if Obligee accepts Principal's bid, and Principal enters into a contract with Obligee in conformance with the terms of the bid and provides such bond or bonds as may be specified in the bidding or contract documents, then this obligation shall be void; otherwise Principal and Surety will pay to Obligee the difference between the amount of Principal's bid and the amount for which Obligee shall in good faith contract with another person or entity to perform the work covered by Principal's bid, but in no event shall Surety's and Principal's liability exceed the penal sum of this bond. Signed this 17th day of July 2018 Spiess Construction Co., Inc. (Principal) By: &�� �, BAR y C. m - aCTT, vlci✓ ,P &,S//3=NT Travelers Casualty and Surety Company of America �,,� By: • , Jea Neu , Attorney-in-Fact ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Santa Clara ) On JUL 17 2018 before me, Erin Bautista Notary Public (insert name and title of the officer) personally appeared Jean L. Neu who proved to me on the basis of satisfactory evidence to be the persons)whose name(s) is/sm subscribed to the within instrument and acknowledged to me that M/she/flak executed the same in s/herkkveixauthorized capacity(>te*, and that by laWher/tWir signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. U ERIN BAUTISTA s Notary Public-California Santa Clara County > ' #�'• Commission N 2236034 My Comm.Expires Apr 25,2022 Signature (Seal) Travelers Casualty and Surety Company of America .A► Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Jean L.Neu,of San Mateo,California,their true and lawful Attorney-in-Fact to sign,execute,seal and acknowledge any and all bonds, recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 3rd day of February, 2017. ,�W*�r "Ne ' 'v 0%* e . 0010L 51A 4 State of Connecticut By: City of Hartford ss. Robert L.Raney,Se or Vice President On this the 3rd day of February,2017,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St.Paul Fire and Marine Insurance Company, and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. a My Commission expires the 30th day of June,2021 * «tp * Mane C.Tetreault,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St.Paul Fire and Marine Insurance Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President,the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her,and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance,contract of indemnity,or writing obligatory in the nature of a bond, recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company,and St.Paul Fire and Marine Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this vtn day of juiy 2018 �pµ�y aJ.,IY�Mo 4' HARTFMCINK v �,&E . j 4 SIX MiOpgN �j C fes/ Kevin E.Hughes,Assi tant Secretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attorney-in-Fact and the details of the bond to which the power is attached. CIV AST Report Created On:7/25/2018 4:16:36 PM PROJECT: E10054 Laguna Shores Road Force Main Replacement BIDDER: JHABORES CONSTRUCTION COMPANY, INC. TOTAL BID: $3,863,123.75 COMPLETION TIME: Not Required BIDDER INFO: P.O. BOX 60089 CORPUS CHRISTI,TX 78466 P: 361-852-8858 F:361-852-7979 00 30 00 BID ACKNOWLEDGEMENT FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with the Drawings, Specifications, and Contract Documents, this Bid Proposal is submitted by JHABORES CONSTRUCTION COMPANY, INC. (type or print name of company) on: Wednesday,July 25, 2018 at 2:00 P.M. for Laguna Shores Road Force Main Replacement, Project No. E10054. 1.02 Submit Bids, Bid Security and all attachments to the Bid (See Section 7.01 below)to the City's electronic bidding website at www.CivCastUSA.com. If submitting hard copy bids or bid security in the form of a cashier's or certified check, please send to: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid—Laguna Shores Road Force Main Replacement, Project No. E10054 All envelopes and packages (including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package, the project name and number and that bid documents are enclosed. ARTICLE 2—BIDDERS'S ACKNOWLEDGMENTS 2.01 Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner on the form included in the Contract Documents,to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents. 2.02 Bidder accepts all of the terms and conditions of SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS, including those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids. 2.03 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement. 2.04 Bidder acknowledges receipt of the following Addenda: Addendum No. Addendum Date Signature Acknowledging Receipt NA Bid Acknowledgement Form 003000- 1 Laguna Shores Road Force Main Replacement—Project No. E10054 Rev 01-13-2016 C'!,';;,5_ Report Created On:7/25/2018 4:16:37 PM BID TOTALS BASE BID Total PART A-GENERAL(ITEMS Al THRU A7) $383,323.00 PART B-NEW FORCE MAIN(ITEMS B1 THRU B39) $2,830,125.56 PART C-NEW GATEWAY LIFT STATION (ITEMS C1 THRU C8) $339,522.30 PART D-GRAVITY WASTEWATER IMPROVEMENTS(ITEMS D1 THRU D18) $169,774.35 PART E-FLOW METERS(ITEMS E1 THRU E5) $26,085.00 PART F-ELECTRICAL(ITEMS F1 THRU F16) $114,293.54 Total $3,863,123.75 ADDITIVE ALTERNATE NO. 1 Total PART Al -GENERAL(ITEMS A1:1 THRU A1:2) $22,040.00 PART B1 -NEW FORCE MAIN(ITEMS B1:1 THRU 131:10) $332,474.30 Total $354,514.30 ADDITIVE ALTERNATE NO.2 Total PART A2-GENERAL(ITEMS A2:1 THRU A2:2) $6,400.00 PART E2-FLOW METERS(ITEMS E2:1 THRU E2:4) $98,007.92 Total $104,407.92 BASE BID PART A-GENERAL(ITEMS Al THRU A7) No. Description Unit Qty Unit Price Ext Price Al Mobilization(Max. 5%) LS 1 $182,073.00 $182,073.00 A2 Bonds and Insurance LS 1 $65,000.00 $65,000.00 A3 Traffic Control LS 1 $35,000.00 $35,000.00 A4 Storm Water Pollution Prevention Plan LS 1 $24,500.00 $24,500.00 A5 Ozone Action Day DAYS 5 $350.00 $1,750.00 A6 Contingency Allowance for LS 1 $50,000.00 $50,000.00 Unanticipated Adjustments A7 Contingency Allowance for LS 1 $25,000.00 $25,000.00 Unanticipated Disposal of Contaminated Groundwater Sub Total: $383,323.00 CIVCAST Report Created On:7/25/2018 4:16:37 PM PART B-NEW FORCE MAIN(ITEMS 131 THRU B39) No. Description Unit Qty Unit Price Ext Price B1 Directionally Drilled 24"Fusible C905 LF 2313 $481.00 $1,112,553.00 (DR-18)PVC Force Main B2 Encased 24" Fusible C905(DR-18) LF 437 $309.00 $135,033.00 PVC Force Main B3 Directionally Drilled 36"Fusible C905 LF 437 $810.00 $353,970.00 (DR-18)PVC Casing B4 Bore Pit Trench Safety EA 6 $500.00 $3,000.00 B5 24"C905(DR-18)PVC Force Main LF 1089 $189.54 $206,409.06 (0'-6') B6 24"C905(DR-18) PVC Force Main LF 1090 $206.73 $225,335.70 (6'-8') B7 24"C905(DR-18) PVC Force Main LF 96 $204.31 $19,613.76 (8'-10') B8 24"C905(DR-18) PVC Force Main LF 31 $230.12 $7,133.72 (10'-12') B9 24"C905(DR-18) PVC Force Main LF 215 $281.74 $60,574.10 (12'-14') B10 24"C905(DR-18)PVC Force Main LF 183 $436.60 $79,897.80 (14'-16') B11 Trench Safety for Open Cut Pipe LF 2704 $10.00 $27,040.00 Installation B12 Well Pointing LF 2704 $20.53 $55,513.12 B13 Connect New 24"FM to Existing 18" LS 1 $41,390.85 $41,390.85 FM(Incl.All Req'd 18" FM Pipe and Appurtenances(Excluding Tee, Reducer,and Plug Valve&Box), Line Stop with Bypass,&Coordination with City Operating Department) B14 18"x6"Tapping Sleeve and Valve EA 1 $5,080.61 $5,080.61 B15 24"x6"Tapping Sleeve and Valve EA 1 $5,440.30 $5,440.30 B16 18"Tee EA 1 $2,910.07 $2,910.07 B17 18"Plug Valve&Box EA 1 $6,137.29 $6,137.29 B18 24"x18"Reducer EA 1 $2,126.91 $2,126.91 B19 24"Plug Valve&Box EA 6 $14,477.15 $86,862.90 B20 24" 11.25°Bend EA 7 $2,758.00 $19,306.00 B21 24"22.5°Bend EA 3 $2,759.00 $8,277.00 B22 24"45°Bend EA 17 $2,791.00 $47,447.00 B23 4"Air/Vacuum Release Valve in 5' EA 6 $12,537.28 $75,223.68 Diameter F/G Manhole B24 Manhole Trench Safety EA 6 $250.00 $1,500.00 CIVCAST Report Created On:7/25/2018 4:16:37 PM PART B-NEW FORCE MAIN(ITEMS 1131 THRU B39) No. Description Unit Qty Unit Price Ext Price B25 Adjust Manhole Ring and Cover EA 5 $2,746.00 $13,730.00 B26 Connect New 24"FM to Existing LS 1 $14,592.09 $14,592.09 Laguna Madre WWTP Infrastructure B27 Street Excavation(Inside Trench SY 2918 $3.90 $11,380.20 Repair Limits& 1'Beyond E.O.P.) B28 Subgrade Preparation(Inside Trench SY 2918 $3.36 $9,804.48 Repair Limits& 1'Beyond E.O.P.) B29 TX-5 Geogrid (Inside Trench Repair SY 2918 $3.86 $11,263.48 Limits& 1'Beyond E.O.P.) B30 10"Type A, Grade 1-2 Crushed, SY 2918 $25.73 $75,080.14 Limestone Base per TxDOT Std. Spec. Item No.247(Inside Trench Repair Limits& 1'Beyond E.O.P.) B31 Prime Coat(0.20 Gallons/SY) GAL 583.6 $6.25 $3,647.50 B32 3"Type'D'HMAC SY 2747 $28.51 $78,316.97 B33 Reflective Pavement Markings TY.1 LF 3092 $0.90 $2,782.80 (Y)(4")(SLD)(100 mil) B34 Reflective Pavement Markings TY.1 LF 140 $0.90 $126.00 (Y)(4")(BKN)(100 mil) B35 Reflective Pavement Markings TY.1 LF 1083 $0.90 $974.70 (W)(4")(SLD)(100 mil) B36 Raised Reflective Pavement Markings EA 53 $11.20 $593.60 (TYII-A-A)Yellow B37 Silt Fence LF 4820 $3.64 $17,544.80 B38 Inlet Protection EA 7 $168.02 $1,176.14 B39 Hydromulch SY 1183 $1.13 $1,336.79 Sub Total: $2,830,125.56 PART C-NEW GATEWAY LIFT STATION (ITEMS C1 THRU C8) No. Description Unit Qty Unit Price Ext Price C1 Salvage, Demolish,and Fill In Existing LS 1 $18,372.34 $18,372.34 Gateway Lift Station C2 Construct New Gateway Lift Station LS 1 $308,142.04 $308,142.04 C3 Open Trench 6"C900(DR-18)PVC LF 110 $49.37 $5,430.70 Force Main C4 Trench Safety for Open Cut Pipe LF 110 $1.00 $110.00 Installation C5 Well Pointing LF 110 $23.00 $2,530.00 C6 6"Tee(on Prop.6"C900 PVC FM) EA 1 $538.62 $538.62 CIVCAST Report Created On:7/25/2018 4:16:37 PM PART C-NEW GATEWAY LIFT STATION (ITEMS C1 THRU C8) No. Description Unit Qty Unit Price Ext Price C7 6"Plug Valve(on Prop. 6"C900 PVC EA 2 $1,381.30 $2,762.60 FM) C8 6"45° Bend(on Prop. 6"C900 PVC EA 4 $409.00 $1,636.00 FM) Sub Total: $339,522.30 PART D-GRAVITY WASTEWATER IMPROVEMENTS(ITEMS D1 THRU D18) No. Description Unit Qty Unit Price Ext Price D1 Grout Fill and Abandon-in-Place LF 21 $13.19 $276.99 Existing 4"FM D2 Grout Fill and Abandon-in-Place LF 22 $13.19 $290.18 Existing 8"WWL D3 Grout Fill and Abandon-in-Place LF 455 $12.75 $5,801.25 Existing 10"WWL D4 Remove Sewage, Grout,and LF 310 $29.24 $9,064.40 Abandon-in-Place Existing 12"WWL D5 Remove Sewage and Grout Fill EA 1 $1,234.58 $1,234.58 Bottom of Existing 4'Manhole to Flowline D6 Remove Ring&Cover,Top 2'of EA 4 $1,098.45 $4,393.80 Manhole,and Grout and Abandon-in- Place Existing Manhole D7 12"WW Stub and Cap EA 1 $167.31 $167.31 D8 12"SDR26 PVC(10'-12') LF 265 $122.91 $32,571.15 D9 12"SDR26 PVC(12'-14') LF 106 $142.35 $15,089.10 D10 Trench Safety for Open Cut Pipe LF 371 $5.00 $1,855.00 Installation D11 Well Pointing LF 371 $23.00 $8,533.00 D12 4'Diameter F/G Manhole EA 5 $7,086.44 $35,432.20 D13 Manhole Extra Depth (>6') VF 27 $642.07 $17,335.89 D14 Manhole Trench Safety EA 5 $500.00 $2,500.00 D15 Adjust Manhole Ring and Cover EA 5 $1,318.16 $6,590.80 D16 Reconnect Existing WW Service EA 10 $511.57 $5,115.70 D17 Unanticipated New WW Service EA 1 $521.00 $521.00 D18 WW Bypass Operations LS 1 $23,002.00 $23,002.00 Sub Total: $169,774.35 Report Created On:7/25/2018 4:16:37 PM PART E-FLOW METERS(ITEMS E1 THRU E5) No. Description Unit Qty Unit Price Ext Price E1 Install Flow Meter at One(1)Lift EA 1 $7,795.98 $7,795.98 Station (Excludes Meter Cost) E2 Ultrasonic Flow Meter by Fuji Electric, EA 1 $6,951.42 $6,951.42 or Approved Equal E3 5'Diameter F/G Manhole EA 1 $9,084.52 $9,084.52 E4 Manhole Trench Safety EA 1 $250.00 $250.00 E5 Adjust Manhole Ring and Cover EA 1 $2,003.08 $2,003.08 Sub Total: $26,085.00 PART F-ELECTRICAL(ITEMS F1 THRU F16) No. Description Unit Qty Unit Price Ext Price F1 AEP Electric Service Allowance LS 1 $15,000.00 $15,000.00 F2 Service Main EA 1 $6,210.62 $6,210.62 F3 Pump Control Panel EA 1 $2,668.27 $2,668.27 F4 Junction Boxes LS 1 $2,107.01 $2,107.01 F5 Scada Panel EA 1 $39,851.48 $39,851.48 F6 Mini Power Zone EA 1 $5,290.53 $5,290.53 F7 Manual Transfer Switch EA 1 $5,290.53 $5,290.53 F8 Scada Pole Foundation and Antenna EA 1 $5,635.56 $5,635.56 F9 Flood Light and Pole EA 1 $4,163.42 $4,163.42 F10 Underground Trench LF 300 $6.37 $1,911.00 F11 HMI Graphics Programming LS 1 $7,912.79 $7,912.79 F12 Conduit and Wiring LS 1 $3,645.86 $3,645.86 F13 Electrical Support Rack EA 1 $3,450.35 $3,450.35 F14 Miscellaneous Electrical LS 1 $2,300.23 $2,300.23 F15 Testing and Commissioning LS 1 $8,280.83 $8,280.83 F16 O&M Manuals LS 1 $575.06 $575.06 Sub Total: $114,293.54 ADDITIVE ALTERNATE NO. 1 ClbVAST Report Created On:7/25/2018 4:16:37 PM PART Al -GENERAL(ITEMS All A THRU A1:2) No. Description Unit Qty Unit Price Ext Price A1:1 ADD: Mobilization LS 1 $15,000.00 $15,000.00 A1:2 ADD: Bonds and Insurance LS 1 $7,040.00 $7,040.00 Sub Total: $22,040.00 PART 131 -NEW FORCE MAIN(ITEMS 131:1 THRU B1:10) No. Description Unit Qty Unit Price Ext Price B1:1 ADD:Street Excavation(1'Beyond SY 5445 $3.90 $21,235.50 E.O.P.) B1:2 ADD:Subgrade Preparation(1' SY 5445 $3.36 $18,295.20 Beyond E.O.P.) 131:3 ADD:TX-5 Geogrid(1'Beyond SY 5445 $3.86 $21,017.70 E.O.P.) B1 A ADD: 10"Type A, Grade 1-2 Crushed, SY 5445 $25.73 $140,099.85 Limestone Base per TxDOT Std. Spec. Item No.247(1'Beyond E.O.P.) B1:5 ADD: Prime Coat(0.20 Gallons/SY) GAL 1089 $6.25 $6,806.25 B1:6 ADD:3"Type'D' HMAC SY 4908 $24.51 $120,295.08 B1:7 ADD: Reflective Pavement Markings LF 648 $0.84 $544.32 TY.1 (Y)(4")(SLD)(100 mil) B1:8 ADD: Reflective Pavement Markings LF 110 $0.84 $92.40 TY.1 (Y)(4")(BKN)(100 mil) B1:9 ADD: Reflective Pavement Markings LF 4664 $0.84 $3,917.76 TY.1 (W)(4")(SLD)(100 mil) 131:10 ADD: Raised Reflective Pavement EA 19 $8.96 $170.24 Markings(TYII-A-A)Yellow Sub Total: $332,474.30 ADDITIVE ALTERNATE NO.2 PART A2-GENERAL(ITEMS A2:1 THRU A2:2) No. Description Unit Qty Unit Price Ext Price A2:1 ADD: Mobilization LS 1 $4,900.00 $4,900.00 A2:2 ADD: Bonds and Insurance LS 1 $1,500.00 $1,500.00 Sub Total: $6,400.00 Report Created On:7/25/2018 4:16:37 PM PART E2-FLOW METERS(ITEMS E2:1 THRU E2:4) No. Description Unit Qty Unit Price Ext Price E2:1 ADD: Install Flow Meter at Four(4)Lift EA 4 $7,795.98 $31,183.92 Stations(Excludes Meter Cost) E2:2 ADD: Ultrasonic Flow Meter by Fuji EA 4 $6,951.42 $27,805.68 Electric,or Approved Equal E2:3 ADD:6'Diameter F/G Manhole EA 4 $9,504.58 $38,018.32 E2:4 ADD: Manhole Trench Safety EA 4 $250.00 $1,000.00 Sub Total: $98,007.92 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder" refers to a person who is not a resident of Texas. "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that is correct for Bidder. © Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of [!�/B idder(includes parent company or majority owner) qualifies as a resident bidder whose principal place of business is in the State of Texas. The Owner will use the information provided in the State of Texas Comptroller's annual publication of other states' laws on contracts to evaluate the Bids of nonresident Bidders. Bidder: Company Name: JHABORE CONST N COMPANY, INC. (typed or printed) By: L� (signature--attach evidence of authority to sign) Name: SARA A. MUILMAN (typed or printed) Title: PRESIDENT Business address: PO BOX 60089 CORPUS CHRISTI,TEXAS 78466 Phone: 361-852-8858 Email: SARA@JHABORESCONSTRUCTION.COM END OF SECTION Compliance to State Law on Nonresident Bidders 003002- 1 Laguna Shores Road Force Main Replacement—Project No.E10054 11-25-2013 00 30 05 Cita of Corpus Christi Disclosure of Interest SUPPLIER NUMBER TO BE ASSIGNED BY CIT�— PURCHASING DIVISIQN CITY OF CORPUS CHRISTI Cf of C� DISCLOSURE OF INTEREST n 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 definitlans. COMPANY NAME: JHABORES CONSTRUCTION COMPANY, INC. P.O.BOX: P.O. BOX 60089 STREET ADDRESS: 6349 LEOPARD ST CITY: CORPUS CHRISTI ZIP: 78466• FIRM IS: 1. Corporation 2. Partnership 3. Sole Owner ❑ 4. Association ® S. Other 8 DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this age or attach separate sheet. 1. State the names of each employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm:' Name Job Title and City Department(if known) 2. State the names of each "official" of the City of Corpus Christi having an `ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title 3. State the names of each"board member"of the City of Corpus Christi having an"ownership interest" constituting 3%or more of the ownership in the above named"firm." Name i Board,Commission or Committee fill VA 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 City of Corpus Christi 00 30 OS-1 Disclosure of Interest w.woi-13-2016 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: SARA A. MUILMAN Title: PRESIDENT (rypa or Prins) Signature of Certifying Date: -� f Person: dN l DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial,and whether established to produce or deal with a product or service, including but not limited to,entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads,and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terns 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. City of Corpus Christi 003005-2 Disclosure of Interest Rev Ol-1a-x016 MFG—CH E Y The Atate of texas 0surdam of Atafe CERTIFICATE OF INCORPORATION OF JHABORES CONSTRUCTION C0* 9 INC. CHARTER NUMBER 01311968 THE UNDERSIGNED9 AS SECRETARY OF STATE OF THE STATE OF TEXASt HEREBY CERTIFIES THAT THE ATTACHED ARTICLES OF INCORPORATION FOR THE ABOVE NAMED CORPORATION HAVE BEEN RECEIVED IN THIS OFFICE AND ARE FOUND TO CONFORM TO LA* ACCORDINGLY, THE UNDERSIGNED: AS SECRETARY OF STATES AND BY VIRTUE OF THE AUTHOR TTY VESTED IN THE SECRETARY BY LAWS HEREBY ISSUES THIS CERTIFICATE OF INCORPORATION* ISSUANCE OF THIS CERTIFICATE OF INCORPORATION DOES NOT AUTHORIZE THE USE OF A CORPORATE NAhE IN THIS STATE IN VIOLATION OF THE RIGHTS OF ANOTHER UNDER THE FEDERAL TRADEMARK ACT OF 1946. THE TEXAS TRADEMARK LAWS THE ASSUMED BUSINESS OR PROFESSIONAL NAME ACT OR THE COMMON LAW. DATED MAY 109 199xt EFFECTIVE hSAY 10g, 1994 l t` I 1%'\ Secretary of State CORPORATE RESOLUTION CERTIFICATE OF AUTHORITY I certify that the following is a true copy of a certain resolution of the Board of Directors of JHABORES CONSTRUCTION COMPANY, INC., a corporation duly organized and existing under the laws of TEXAS, having its principal place of business in TEXAS, duly adopted in accordance with the By-Laws and recorded in the minutes of a meeting of said Board on March 7th, 2017,and not subsequently rescinded or modified: RESOVLED: That SARA A. MUILMAN, as PRESIDENT, and GREGORY K. WORLEY, as VICE PRESIDENT, are hereby authorized to sign on behalf of JHABORES CONSTRUCTION COMPANY, INC., any contracts or forms. RESOLVED FURTHER: That SARA A. MUILMAN, as PRESIDENT and GREGORY K. WORLEY, as VICE PRESIDENT of JHABORES CONSTRUCTION COMPANY, INC., are hereby authorized to sign on behalf of the Corporation any checks, drafts, or other withdrawal orders, and transfers on its corporate checking account. I FUTHER CERTIFTY that I, SARA A. MUILMAN, am the PRESIDENT of said corporation, being duly qualified and now acting as such. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal,-of the-said corporation on this 25TH day of JULY,2018. (CORPORATE SEAL) MERCHANTSS BONDING COMPANY,. MERCHANTS BONDING COMPANY(MUTUAL) P.O. GOX 14498, DE5 MOINES. IOWA 50306-3198 PHONE: (800) 678-8171 FAX: (515) 243-3854 BID BOND PUBLIC WORK Bond No. NIA KNOW ALL PERSONS BY THESE PRESENTS: That JHABORES CONSTRUCTION CO., INC. (hereinafter called the Principal) as Principal, and the Merchants Bonding Company(Mutual) (hereinafter called Surety), as Surety, are held and firmly bound to CI'T'Y OF CORPUS CHRIST] (hereinafter called the Obligee) in the full and just sum of( 591a G.A.B. ) FIVE PERCENT OF THE GREATEST AMOUNT BID Dollars good and lawful money of the United States of America, to the payment of which sum of money well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. Signed and dated this 25TH day of JULY 2018 THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Obligee shall make any award to the Principal for LAGUNA SHORES ROAD FORCE MAIN REPLACEMENT,PROJECT NO. E10054 according to the terms of the proposal or bid made by the Principal therefore, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award, and shall give bond for the faithful performance thereof with the Merchants Bondipe,Company(Mutual) , as Surety, or with other Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure to do so, pay to the Obligee the damages which the Obligee may suffer by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect. IN TESTIMONY WHEREOF, the Principal and Surety have caused these presents to be duly signed and sealea. Witness: JHABO CON/STRUC ION CO., INC. By Att t: Merchants Bonding Company(Mutual) By MARY ELL MOORS, ATTY IN FACT CON 0333(2195) a MERCHANT BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint,Individually, Aaron Endris;Cathleen Hayles;Mary Ellen Moore;Rene'Goforth;Steve Addkison;Tricia Balolong their true and lawful Attomey(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attomey is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual)on April 23, 2011 and amended August 14,2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. 'The President,Secretary,Treasurer, or any Assistant Treasurer or any Assistant Secretary or any vice President shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the Attomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 6th day of April 2017 00*AZ10Nq� ANG Cp d• - ... LP0.9 •;�0•,� �'p , 1Q0,q 'Of9•• MERCHANTS BONDING COMPANY(MUTUAL) t� ,.•Ca '4A.-y; . MERCHANT NATIONAL BONDING,INC. j'. 2003 :.p :y, 1933 ��e; By '•,��'!=. .�'t1�••' '•,d'� .. ••'l�a�s• President STATE OF IOWA +•('/�""'•"''•• ••••"'•`• COUNTY OF DALLAS ss. On this this 6th day of April 2017 before me appeared Larry Taylor, to me personally known,who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL)and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. hQ'µtA<S AUCIA K.GRAM v Commission Number 767430 0 1 , Z °°°` '' My Commission Expires rOwP April 1,2020 Notary Public (Expiration of rotary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-0E-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this 25TH day of JULY 2018 . •.•'A10Ng1' 01NG'. Cp4•. fj f .•''t1'..agPOlp ��'•. :`O�• RPO,9 '09'. 1933 Secretary U. 2003 :;>ri: . v `Y. POA 0018 (3/17) "" "'•`�• •�"``� 00 30 06 NON-COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi,Texas 1201 Leopard Street Corpus Christi,Texas 78401 CONTRACT: Laguna Shores Road Force Main Replacement Project No. E10054 Bidder certifies that they have not been a party to any collusion among Bidders in the restraint of freedom of competition by agreement to submit a Bid at a fixed price or to refrain from bidding; or with any official or employee of the Owner as to quantity, quality,or price in the prospective contract,or any other terms of said prospective contract;or in any discussion between Bidders and any official of the Owner concerning exchange of money or other thing of value for special consideration in the letting of a contract. Company Name: JHABORES CQX§TRUCTION COMPANY, INC. (typed or printed) By: (signature--attach evidence-a—f evidence-a- authority to sign) Name: SARA A. M U I LMAN (typed or printed) Title: PRESIDENT Business address: P.O. BOX 60089 CORPUS CHRISTI, TEXAS 78466 Phone: 361-852-8858 Email: SARA@JHABORECONSTRUCTION.COM ENL} OF SECTION Non-Collusion Certification 003006-1 Laguna Shores Road Force Main Replacement—Project No. E10054 11-25-2013 Report Created On:7/25/2018 4:16:38 PM ACKNOWLEDGE ADDENDA NAME ACKNOWLEDGEMENT DATE Report Created On:7/25/2018 4:16:38 PM REQUIRED DOWNLOADS TYPE NAME DOWNLOAD DATE Bid Docs E10054 Specifications 7/19/2018 11:25:39 AM Plans E10054 Plans 6/27/2018 8:10:09 AM Other E10054 Bidders Worksheet 6/27/2018 8:12:50 AM Bidders Pre-Bid Attendance Roster 7/10/2018 3:20:33 PM Table 1—Organization Information Organization doing business as: I MAX Underground Construction LLC Business Address of Principal Office P. O. Box 271106 Corpus Christi, TX 78427 (Mailing) Telephone No. 361-334-2832 Website Form of Business (check one) Pf Corporation ❑ Partnership ❑ Individual If a Corporation State of Incorporation Texas Date of Incorporation March,2012 Chief Executive Officer's Name President's Name Maximiliano Salinas Manuel Salinas Vice President's Name(s) Secretary's Name Diana Salinas Treasurer's Name Diana Salinas If a Partnership Date of Organization Form of Partnership: ❑ General ❑ Limited If an Individual Name Ownership of Organization List of companies,firms,or organizations that own any part of the organization. Names of Companies, Firms,or Organizations Percent Ownership NIA Organization History List of names that this organization currently, has, or anticipates operating under including the names of related companies presently doing business. Names of Organizations From Date To Date NIA Indicators of Organization Size Average number of current full-time employees 30 Average estimate of revenue for the current year $8 Million Statement of Experience 0045 16-5 Laguna Shores Road Force Main Replacement—Project No. E10054 Rev 06-22-2016 Table 1—Organization Information Organization doing business as: I MAX Underground Construction LLC Previous History with City of Corpus Christi List the 5 most recent projects that have been completed with the City of Corpus Christi. Project Name Year 1 E15122--Creekview Drive Extension 2017 2 3 4 5 Construction Site Safety Experience Provide Bidders Experience Modification Ratio (EMR) History for the last 3 years. Provide documentation of the EMR. Year 2010 EMR 0.75 Year 2015 EMR 0,77 Year 2014 EMR Q,$5 Previous Bidding and Construction Experience Has Bidder or a predecessor organization been disqualified as a bidder within the last 10 years? List Projects below and provide full details in a separate attachment if yes. No Has Bidder or a predecessor organization been released from a bid or proposal in the past 10 years? List Projects below and provide full details in a separate attachment if yes. No Has Bidder or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it? List Projects below and provide full details in a separate attachment if yes. No Has Bidder or a predecessor organization been involved in claims or litigation involving project owners within the last 10 years? List Projects below and provide full details in a separate attachment if yes. No Have liens or claims for outstanding unpaid invoices been filed against the Bidder for services or materials on any projects begun within the preceding 3 years? Specify the name and address of the party holding the lien or making the claim,the amount and basis for the lien or claim, and an explanation of why the lien has not been released or that the claim has not been paid if yes. No Statement of Experience 004516-6 Laguna Shores Road Force Main Replacement—Project No. E10054 Rev 06-22-2016 Table 2—Project Information Organization doing business as: MAX Underground Construction LLC Proposed Project Organization Provide a brief description of the organizational structure proposed for this project indicating the names and functional roles of proposed key personnel and alternates. Provide resumes for Project Manager, Superintendent, Safety Manager and Quality Control Manager. Position Primary Alternate Project Manager Felipe Salinas Margaret Russo Superintendent Maximiliano Salinas Manuel Salinas Safety Manager Fernando Robledo Juan Robledo Quality Control Manager Margaret Russo Juan Robledo Division of work between Bidder and Proposed Subcontractor and Suppliers Provide a list of Work to be self-performed by the Bidder and the Work contracted to Subcontractors and Suppliers for more than 10 percent of the Work(based on estimated subcontract or purchase order amounts and the Contract Price). Description of Work Name of Entity Performing the Estimated Percentage Work of Contract Price Directional Drilling TCH 18% Subcontractor Construction Site Safety Experience Provide Experience Modification Ratio (EMR) History for the last 3 years for Subcontractors that will provide Work valued at 25%or more of the Contract Price. Provide documentation of the EMR. Subcontractor N/A Year EMRI I Year EMR Year EMR Subcontractor Year EMR Year EMR Year EMR Statement of Experience 004516-7 Laguna Shores Road Force Main Replacement--Project No. E10054 Rev 06-22-2016 Table 3—Projects Awarded during the Last 5 Years Organization doing business as: Mp}� Underground Construction LLC Project Information Project E13091 STAPLES ST FROM AL4MEOA TO MORGAN Description �UWm -�p,� provements for Staples Sl. Name Reference Contact Information Project Owner City of carpus Ch,isli Name/Title Chds Hale,Prajaal Manager Far City of Corpus Chnsll Telephone 361.826-3807 Email CHRISH6Qcctexas mm Project Designer Anthony Gavrk tar HOR Engineering Project Budget and Performance Original Final Contract #Contract # Days Contract Price R3.00,226 Price Sell under canstruelion Days 290 La t@ NIA Issues/Claims/ Litigation: Project Information Project Rancho V,=15 Description Onsite utilities,drainage,and paving for 18 AC—an subdivision Name Reference Contact Information Project Owner 9raselton Hames[ownerreque t-11act be lade through cngiaeer} Name/Title Telephone 36,-ase-3m, Email murfhourbaneng.cam Project Designer Murray Hudson.PE urban Enginccring Project Budget and Performance Original Final Contract #Contract # Days Contract Price $1,277,920 Price 51,277,970 Days 120 working day, Late IV,A Issues/Claims/ Litigation: Project Information Project NameDescription =.tL.q. Water,drainage,and stroels tar a 20 AC rural residential subdivision Reference Contact Information Project Owner Richard Vass(owner requests contact be made through engineer) Name/Title Telephone 361-834-3101 Email �urbanang cam turban Project Designer Eagene C(ChucR)urban,PE Project Budget and Performance Original Final Contract #Contract #Days Contract Price $1'216,034 Price $1.076,517 Days 120working days Late "!A Issues/Claims/ Litigation: Statement of Experience 004516-8 Laguna Shores Road Force Main Replacement—Project No.E10054 Rev 06-22-2016 Table 3—Projects Awarded during the Last 5 Years—Not including City of Corpus Christi Projects Organization doing business as: MA Underground ConshuctinntLC Project Information Project Description Name Oakdale Crossing$ubdvision 5 AC lasli subdivision with utilities,drainage.and asphalt paving Reference Contact Information Project Owner Jackie Homes LLC-ConlaUlhrough Engineer Name/Title Jackie Azali Telephone 361-946-4649 Email lUtOn(�,imunazeng.cam Project Designer Phomas Tiffin.Munoz Engineering Project Budget and Performance Original Final Contract #Contract # Day Contract Price $560,090 Price 5560,000 Days 90 Late= Issues/Claims/ Litigation: C Proiect Information Project Name Description Packery Poimn-Unities and drainage CMllraci hit stauon,utilities,and drainage for 5 AC commercial subdlvlslon Reference Contact information Project Owner rR0-Q Packary Point LP Conteot through engineer-361-954-3101 Name/Title Telephone x61954-s1o, Email Grean��r6aneg.opm Project Designer Eugene C(Chuck)urban,PE Project Budget and Performance Original Final Contract #Contract # Days Contract Price $6°g500 Price Days °0 Late H`A Issues/Claims/ Litigation: Prosect information Project Description Name River bend Ranch 1 --itefonsi'-utilities,drainage,and streets 1,17 ins suhdiv+sinn Reference Contact Information Project Owner Oso Rend Oavelopment Co. Name/Title John Wallace Telephone Contact through engineer-391-1154-3101 Email murth�u 6aneng.com Project Designer Murray Hudson,PE-Urban Engineering Project Budget and Performance Original Final Contract #Contract # Days Contract Price $2.3"6.369 Price $2,559,950 Days 160 Late MIA Issues/Claims/ Litigation: Statement of Experience 004516-9 Laguna Shores Road Force Main Replacement—Project No.E10054 Rev 06-22-2016 Table 3—Projects Awarded during the Last 5 Years—Not including City of Corpus Christi Projects Organization doing business as: MRX Underground CertstmclionL C Proiect Information Project NorthwesEcrossing 8 Description Name Onsde uoPdies,drainage arx7 slreeEs far 68 lot subdivision Reference Contact Information Project Owner Shaw oevwloprn nt Name/Title Jahn Wa11ae9 Telephone ConlaUthrough engineer-361-8543,01 Email murtngwnanengwm Project Designer Murray Hudson,PE-Urban Engineenng Project Budget and Performance Original Final Contract ntract #Days Contract Price $1,076517 Price $1.036,605 Days 14n Late M1A Issues/Claims/ Litigation: Proiect Information Project Name Creek View Extension Description Extension of lily sheet la McKinzie Rtl,including water anddsnsage Reference Contact Information Project Owner City of corpus Chest Name/Title Chris Bale,Project Manager for Cdyot Corpus Christi Telephone 361-526-3807 1 Email CHRISH5Qcctexas.com Project Designer Mlchelte Poll—.PE-Maverick EnglneeRrrg Project Budget and Performance Original Final Contract #Contract # Days Contract Price s306,702 Price $315,736 Days 60 Late A Issues/Claims/ Litigation: Project Information Project [Description Name Rancho Vista 14 Offsite RCB Imnk main lar 1ulure;udifilies,drainage,and atraels for 271ot subdivision Reference Contact Information Project Owner Braselton Homes(owner request contact be made through engineer) Name/Title Fred Brasellen Telephone 361-854-3101 Email murfh@urbaneng.com Project Designer Murray Hudson,PE-urban Enginee—g Project Budget and Performance Original Final Contract #Contract # Days Contract Price $1,002,900 Price $978,720 Days pp Late rain Issues/Claims/ Litigation: Projects prior to Rancho Vista 14 are listed in attachment: Statement of Experience Construction Experience Submittal for E10054-Laguna Shore Road FM Replacement 004516- 10 Laguna Shores Road Force Main Replacement—Project No. E10054 Rev 06-22-2016 Table 4—Safety Record Questionnaire and Statement of Bidder's Safety Experience Organization doing business as: Bidder's Safety Record and Experience Has the Bidder received any Citations for violations of OSHA within the past five (5)years? List Citations below (date and location of Citation) and provide full details in a separate attachment if yes.The full details must include the type of violation or offense,the final disposition of the violation or offense, if any, and the penalty assessed. Yes. Received 6/412018 Details and remediation taken on attached sheet Agreed to uncontested disposition. Penalty of$2,000 paid. Has the Bidder received any Citations for violations of environmental protection laws or regulations within the past five (5)years? List Citations below (date and location of Citation) and provide full details in a separate attachment if yes.The full details must include the type of violation or offense, the final disposition of the violation or offense, if any, and the penalty assessed. None Has the Bidder,within the past ten (10)years, been convicted of a criminal offense or been subject to a judgment for a negligent act or omission, which resulted in serious bodily injury or death? List convictions or judgments below and provide full details in a separate attachment if yes. None V The Owner will consider the following information as additional support to make a determination as to the responsibility of the Bidder.The Bidder must answer the following questions and provide evidence that it meets minimum OSHA construction safety standards and has a lost time injury rate that does not exceed the limits established below: 1 Does the Bidder have a written construction safety program? Vies ❑ No 2 Does the Bidder conduct regular construction site safety inspections? tlfes ❑ No 3 Does the Bidder have an active construction safety training program? 6/Yes ❑ No 4 Does the Bidder, or affected subcontractor, have competent persons in the following areas(as applicable to the scope of the current Project): A. Scaffolding ❑ Yes ❑ No i/N/A B. Excavation --VYes ❑ No ❑ N/A C. Cranes& Hoists VYes ❑ No ii N/A D. Electrical ❑ Yes ❑ No V N/A Statement of Experience 004516- 11 Laguna Shores Road Force Main Replacement—Project No. E10054 Rev 06-22-2016 SC 0 v AGENDA MEMORANDUM �oAPd�pz�o First Reading Item for the City Council Meeting of September 18, 2018 x852 Second Reading Item for the City Council Meeting of September 25, 2018 DATE: August 27, 2018 TO: Keith Selman, Interim City Manager FROM: Fred Segundo, Director of Aviation FredS@cctexas.com (361) 289-0171 ext. 1213 Authorize a three-year Airline Use and Lease Agreement with American Airlines for airline operations at Corpus Christi International Airport. CAPTION: Ordinance authorizing a three-year airline use and lease agreement with American Airlines to be effective as of October 1, 2017, with one two-year option. PURPOSE: American, Southwest, and United Airlines currently operate out of Corpus Christi International Airport (CCIA). A signatory airline use and lease agreement (AULA) is required for and details the terms and conditions for operation at CCIA. In addition, the AULA provides specifics on responsibilities and calculations of the rates and charges to the airlines. BACKGROUND AND FINDINGS: The 2014 Airline Use and Lease Agreement First Amendment between the City of Corpus Christi/ Corpus Christi International Airport (CCIA) and American Airlines expired on September 30, 2017. Negotiations began in early January of 2017 with the expressed intent to have a new agreement in place by October 1, 2017. As a result of changes in some airline property managers, internal review processes and new terms and conditions, the finalization of an agreement was significantly delayed beyond September 30, 2017. The existing agreement has a "hold-over" provision that keeps operations going until a new agreement is executed. Negotiation sessions included Airport Senior Staff, City Attorney Staff along with Trillion Aviation ("Airport Team") and resulted in a successfully negotiated three-year agreement with the three airlines serving CCIA. The three-year agreement reflects several modifications and terms that will benefit CCIA over the next few years. Following is brief recap of the major provisions/revisions of the agreement: 1. Cost recovery financial model. Includes a rates and charges model so that the fees billed to the airlines are determined based on actual costs and not predetermined set rates. This ensures proper allocation collection from the airlines. 2. Residual terminal cost center. The methodology for determining rental rates ensures that vacant space is paid for by the airlines (e.g., an unused gate) and the cost is not borne by the airport. 3. Revenue share control. Annually, the airport director at his discretion determines how much non-airline revenue is shared with the airlines to apply towards the airline rates. 4. Term flexibility. Airport has set a term and option period structure that allows flexibility for the airport to modify or renegotiate the agreement if a new entrant's incentives expire and a different methodology needs to be considered. CCIA Staff continues to work on additional service level plans with current carriers and from potential new entrants. As the airline environment continues to evolve, CCIA will continue to explore terms and conditions that will benefit our community and customers. ALTERNATIVES: No viable alternatives exist at this time. OTHER CONSIDERATIONS: Not Applicable EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal, Finance, Budget and Strategic Management FINANCIAL IMPACT: ❑ Operating ® Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (CIP only) Current Year Future Years TOTALS Line Item Budget $848,548 $848,548 Encumbered / -Expended Amount This item (additional revenue) $337,468 $337,468 BALANCE $1,186,016 $1,186,016 Fund(s): Airport Fund - 4610 Comments: None RECOMMENDATION: Staff requests approval of amendments to the lease agreement as submitted. LIST OF SUPPORTING DOCUMENTS: Ordinance Southwest and American -Original Lease Agreements Ordinance authorizing a three-year airline use and lease agreement with American Airlines to be effective as of October 1, 2017, with one two-year option. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a three-year signatory airline use and lease agreement with American Airlines, Inc., with one two-year option to extend, and the agreement is ratified to be effective for all intents and purposes as of October 1, 2017. SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, or word of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, or word of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, or word of this ordinance be given full force and effect for its intended purpose. The foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel The foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED this the day of , 2018 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Signatory Airline Use and Lease Agreement For Corpus Christi International Airport BY AND BETWEEN THE CITY OF CORPUS CHRISTI AND AMERICAN AIRLINES, INC. OCTOBER 1, 2017 TABLE OF CONTENTS ARTICLE1: DEFINITIONS ...................................................................................................................2 ARTICLE 2: EFFECTIVE DATE............................................................................................................7 ARTICLE3: TERM................................................................................................................................7 ARTICLE4: PREMISES .......................................................................................................................8 ARTICLE 5: USE, OPERATION AND MAINTENANCE OF THE AIRPORT AND RELATED FACILITIES...........................................................................................................................................9 ARTICLE 6: CAPITAL IMPROVEMENTS...........................................................................................19 ARTICLE 7: RENTALS, FEES, AND CHARGES................................................................................19 ARTICLE 8: CHANGES IN RATES FOR RENTALS, FEES, AND CHARGES ...................................28 ARTICLE 9: SIGNATORY AIRLINE IMPROVEMENTS......................................................................30 ARTICLE 10: DAMAGE OR DESTRUCTION .....................................................................................31 ARTICLE 11: INDEMNIFICATION AND INSURANCE .......................................................................33 ARTICLE 12: TERMINATION BY CITY ..............................................................................................36 ARTICLE 13: TERMINATION BY SIGNATORY AIRLINE ..................................................................39 ARTICLE 14: SURRENDER OF SIGNATORY AIRLINE PREMISES.................................................40 ARTICLE 15: ASSIGNMENT AND SUBLETTING AGREEMENTS ....................................................40 ARTICLE 16: AVAILABILITY OF ADEQUATE FACILITIES................................................................42 ARTICLE 17: GOVERNMENT INCLUSION........................................................................................43 ARTICLE 18: GENERAL PROVISIONS .............................................................................................45 LIST OF EXHIBITS A Airport Layout B Leased Premises C (Reserved) D Designation of Responsibilities for Operation and Maintenance E Monthly Statistical /Activity Report F (Reserved) G Rentals, Fees and Charges — Demonstrative Illustration Calculation Example THIS AGREEMENT is made and entered into by and between the City of Corpus Christi, a municipal corporation and political subdivision of the state of Texas, hereinafter referred to as "City," and American Airlines, Inc., a corporation organized and existing under the laws of the state of Delaware and authorized to do business in the state of Texas, hereinafter referred to as "Signatory Airline." WHEREAS, City is the owner of the Corpus Christi International Airport, located in Corpus Christi, Texas, hereinafter referred to as the "Airport"; WHEREAS, City is responsible for the operation, maintenance and improvement of the Airport; WHEREAS, City has the right to lease and license the use of property and facilities on the Airport and has full power and authority to enter into this Agreement in respect thereof; and WHEREAS, Signatory Airline is a corporation primarily engaged in the business of scheduled transportation by air of persons, property, mail and/or cargo; WHEREAS, Signatory Airline desires to obtain certain rights, services and privileges in connection with the use of the Airport and its facilities, and City is willing to grant and lease the same to Signatory Airline upon the terms and conditions hereinafter stated; and WHEREAS, the intent of the parties hereto is to enter into an agreement which will more definitively specify the rights and obligations of the parties with respect to the operation of the Airport by City and the use and occupancy of Airport by Signatory Airline, and this Agreement is responsive to and in accordance with that intent; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, City and Signatory Airline do hereby mutually undertake, promise and agree, each for itself and its successors and assigns, as follows: 1 ARTICLE 1: DEFINITIONS The following words, terms and phrases wherever used in this Agreement shall for the purposes of this Agreement have the following meanings: Affiliate Airline means any Air Transportation Company that (i) operates flights under the designator code of a Signatory Airline, as designated in writing by Signatory Airline from time to time; (ii) operates under essentially the same trade name, or uses essentially the same livery, as Signatory Airline at the Airport; or (iii) is controlling, controlled by, or under common control with Signatory Airline. Designated Affiliate Airline shall have the rights afforded Signatory Airline without payment of any additional charges or premiums provided: (a) Signatory Airline remains a signatory to this Agreement; (b) Signatory Airline agrees and shall be obligated to serve as a financial guarantor for all rents, fees, and charges incurred by the Affiliate Airline on behalf of that particular Signatory Airline and that Signatory Airline has designated the Affiliate Airline to operate on its behalf at the Airport; and (c) the Affiliate Airline has executed an Operating Agreement with City. Agreement means this Signatory Airline Use and Lease Agreement between City and Signatory Airline, as the same may be amended or supplemented from time to time. Air Transportation Company means a company engaged in the business of scheduled or non-- scheduled commercial transportation by air of persons, property, mail, and/or cargo. Airfield means the runways, taxiways, taxilanes, Apron Area, and all other pavement used for the servicing and parking of aircraft and equipment. Airline Airport Affairs Committee (AAAC) means collectively the authorized representatives of each Signatory Airline which shall meet or conduct conference calls from time to time with representatives of the City to receive information and provide input from the Signatory Airlines with regard to the planning, development, operation and financing of the Airport. Airport means the Corpus Christi International Airport, owned and operated by the City, the boundaries of which are more particularly shown on Exhibit "A", attached hereto and made a part hereof, including all real property and easements, improvements and appurtenances thereto, structures, buildings, fixtures, machinery, equipment, vehicles, supplies and other tangible personal property, or interest in any of the foregoing, now or hereafter leased or acquired by City, less any thereof which may be consumed, sold or otherwise disposed of. 2 Airport Requirement means, for any Fiscal Year, the City's estimate of the following: (1) Operating and Maintenance Expenses; (2) Debt Service including coverage requirements but excluding Debt Service paid by passenger facility charges ("PFCs") and/or grants; (3) those amounts required to be deposited during the Fiscal Year to any fund created pursuant to the terms of the Master Bond Ordinance; (4) the amount of any judgment or settlement arising out of or as a result of the ownership, operation, or maintenance of the Airport or any City-owned or operated Airport-related facility payable by the City during said Fiscal Year, including, but not limited to, the amount of any such judgment or settlement arising out of or as a result of any claim, action, proceeding or suit alleging a taking of property or an interest in property without just or adequate compensation, trespass, nuisance, property damage, personal injury, or any other claim, action, proceeding, or suit based upon or relative to any environmental impact resulting from the use of the Airport for the landing and taking off of aircraft; (5) the amount, less grants, required to fund any eligible Capital Improvement on the Airport; and (6) any and all other sums, amounts, charges, or requirements of City related to the Airport to be recovered, charged, set aside, expensed, or accounted for during such Fiscal Year under City's accounting system or this Agreement; provided, however, that the Airport Requirement shall not include any amounts included in (1)through (6) that are (i) chargeable to a special facility, (ii) a direct charge to less than all Air Transportation Companies as a result of the terms of this Agreement, or (iii) incurred in connection with a tenant improvement. Apron Area means those parts of the aircraft parking area immediately adjacent to the Terminal, as designated by the City, that are used for the parking of aircraft and active ground service equipment, and the loading and unloading of aircraft as shown on Exhibit "B", attached hereto and made a part hereof. BIDS means the Baggage Information Display System. Bonds means any financing or debt instrument or obligation of the City issued for the purposes of improving the Airport. Capital Improvement means the Net Capital Cost to acquire, purchase or construct capital item(s) or project(s) for the purpose(s) of improving, maintaining, or developing the Airport including expenses for development, design, permitting, construction management, analysis, review or planning efforts with a cost greater than one hundred thousand dollars (>$100,000). Capital Improvements must be amortized over the useful life of the asset. 3 Debt Service means that portion of the principal and interest due on debt obligations created by the Master Bond Ordinance and all other Airport debt obligations. Deplaned Passenger means any passenger disembarking from an Air Transportation Company aircraft at the Terminal. Director means the Director of the Department of Aviation and shall include such person or persons as may from time to time be authorized by City or by the Director or applicable law to act for the Director with respect to any or all matters pertaining to this Agreement. Enplaned Passenger means any passenger boarding an Air Transportation Company aircraft at the Terminal. Exclusive Use Premises means those portions of the Terminal consisting of the airline ticket offices, operations space, and any baggage service office leased by Signatory Airline in the Terminal, as shown on Exhibit "B" to which Signatory Airline shall have exclusive use. FAA means the Federal Aviation Administration, or its authorized successor(s). Fiscal Year means the annual accounting period of City for its general accounting purposes which, at the time of entering into this Agreement, is the period of twelve consecutive months, beginning with the first day of October of any year. Gate Use Fee means the per turn facility use charge assessed to an Air Transportation Company for the ad hoc use of a gate holdroom and associated Apron Area. This fee is not applicable for use by Signatory Airline of its leased gate holdroom(s) and associated Apron Area(s). Such fees shall be derived annually based on an airport wide metric of total gate holdroom space and Apron Area times the applicable rental rates and then divided by the total commercial passenger airline operations. Joint Use Premises means the areas in the Terminal consisting of the baggage claim, tug drive, and security check areas as shown on Exhibit "B" which all Signatory Airlines use and share in the cost per the Joint Use Charges Formula. Joint Use Charges Formula means that formula which prorates the total cost of Joint Use Premises among all Signatory Airlines based upon one hundred percent (100%) of each Signatory Airline's (and its Affiliate Airlines) proportionate share of Enplaned Passengers. 4 Leased Premises means collectively, Signatory Airline's leased Exclusive Use Premises, Preferential Use Premises and Joint Use Premises as shown on Exhibit "B". Master Bond Ordinance means City's master bond ordinance number 024163 or any successor master bond ordinance that authorizes City to issue bonds or other debt instruments for the benefit of the Airport. Maximum Gross Landed Weight means the maximum certificated gross landing weight, as stated in each Air Transportation Company's flight operations manual, at which each category of aircraft type operated at the Airport by each Air Transportation Company is certificated by the FAA. MUFIDS means Multi-User Flight Information Display System. Net Capital Cost means the aggregate cost of any Capital Improvement less amounts used from the proceeds of: (i) grants-in-aid; (ii) PFCs; (iii) Bonds for which the Debt Service will not be paid from Rentals, Fees, and Charges; (iv) Bonds for which the Debt Service is to be paid for by PFCs, or (v) other financing by City for which the Debt Service will not be paid from Rentals, Fees, and Charges. Non-Signatory Airline means any Air Transportation Company providing service at the Airport that has not signed this Agreement or a substantially similar agreement and such Non-Signatory Airline shall pay one hundred twenty five percent (125%) of all applicable Rentals, Fees, and Charges. Operating Agreement means an agreement entered into by and between any designated Affiliate Airline, or any ground handling company acting on behalf of Signatory Airline, operating at the Airport and the City that shall define the operational and liability requirements between the parties consistent with the terms and conditions of this Agreement. Operation and Maintenance Expenses (or "O&M Expenses") means, for any Fiscal Year, the costs incurred by the City in operating and maintaining the Airport during such Fiscal Year, either directly or indirectly, whether similar or dissimilar, which under generally accepted accounting principles, are properly chargeable as expenses to the Airport, including expenses allocated to the Airport by the City in accordance with practices and procedures of the City in accordance with the adopted budget, as may be revised by the City, and taxes payable by the City, if 5 applicable, which may be lawfully imposed upon the Airport by entities other than the City. Preferential Use Premises means those portions of the Terminal consisting of the ticket counters and allocated queue space, the baggage make-up belt and support space, gate holdrooms, ground service equipment ("GSE") storage area, and Apron Area leased by Signatory Airline in or adjacent to the Terminal, as shown on Exhibit "B" to which Signatory Airline shall have priority over all other users. Rentals, Fees, and Charges means the rentals, fees, and charges payable by Signatory Airline pursuant to Article 7. Revenue Landing means any scheduled aircraft landing by an Air Transportation Company at the Airport for which Air Transportation Company makes a charge orfor which revenue is derived for the transportation by air of persons, property, cargo or mail, but Revenue Landings shall not include Air Transportation Company's training flights or any landing of an aircraft which, after having taken off from Airport and without making a landing at any other airport, returns to land at Airport because of meteorological conditions, mechanical or operating causes, or any other reason of emergency or precaution. Revenues means income accrued by the City in accordance with generally accepted accounting practices, including investment earnings, from or in connection with the ownership or operation of the Airport or any part thereof, or the leasing or use thereof but specifically excluding: (a) non- operating income (and receipts) from the sale of assets or the amount from insurance claims, (b) federal, state or local grants-in-aid or reimbursements, and (c) PFCs. Signatory Airline means an Air Transportation Company that has executed this Agreement or a substantially similar agreement. Term means the period beginning on the Effective Date and, except as otherwise set forth herein, terminating on the date set forth in Article 3. Terminal means the airline passenger terminal building owned and operated by City at the Airport. Terminal Equipment means all equipment provided and maintained by the City that is used by the Signatory Airline in the processing of Enplaned Passengers and Deplaned Passengers. 6 Terminal Equipment includes MUFIDS, BIDS, baggage claim system, podium back wall screens, passenger loading bridges and gate baggage handling devices, supplemental power systems, and the public address system. The Terminal Equipment is subject to change during the Term of this Agreement. Additional words and phrases used in this Agreement but not defined herein shall have their usual and customary meaning. Singular means plural and vice versa, in context. ARTICLE 2: EFFECTIVE DATE 2.01 Effective Date. The Effective Date of this Agreement is October 1, 2017. 2.02 Termination of Prior Agreement. On the Effective Date, the Signatory Airline Use and Lease Agreement dated August 1, 2009, as amended, between Signatory Airline and City shall terminate. However, any terms, conditions or provisions specifically intended to survive the expiration or termination of that agreement shall continue in effect. ARTICLE 3: TERM 3.01. The Term of this Agreement begins on the Effective Date set forth in Article 2 and shall remain in effect for a period of three (3) years, terminating at 11:59 pm on September 30, 2020, subject to earlier termination as herein provided. 3.02. Upon expiration of the Term or the "extension period" under 3.03, if applicable, any occupancy of the Leased Premises by Signatory Airline will be considered a "holdover tenancy" and operate as a month-to-month tenancy under the same terms and conditions in this Agreement, except for Rentals, Fees and Charges. Unless the parties are engaged in good faith negotiations as reasonably determined by City, City shall have the right to establish and implement holdover Rentals, Fees, and Charges in accordance with FAA's "Policy Regarding Airport Rates and Charges", upon thirty calendar days written notice from the Director. 3.03. So long as Signatory Airline is not in default of any terms of this Agreement, the Term of this Agreement may be extended for one (1) two-year"extension period" from October 1, 2020 through September 30, 2022. To extend, the City first shall give written notice to Signatory Airline of City's intent to extend the Agreement no less than six (6) months prior to the expiration of the Term of this Agreement. If Signatory Airline is willing to extend, Signatory Airline will provide the City written notice of Signatory Airline's intent within thirty (30) calendar days from receipt of the City's notice of intent to 7 extend. Unless a majority of Signatory Airlines (majority, as measured both by number of Signatory Airlines and by total enplanements of the Signatory Airlines over the immediately preceding twelve month period from the written notice) specifically withhold concurrence to extend, this Agreement shall continue for the above designated extension period. If a majority of Signatory Airlines provide notice of intent to extend, but Signatory Airline does not provide prompt written notice of its intent to extend, then Signatory Airline will have no obligation to extend the Agreement and will continue as a holdover tenant on a month to month basis. Such Signatory Airline shall pay Rentals, Fees and Charges as a Non- Signatory Airline for the entire extension period. City shall provide written notification of the resulting Term extension, or lack thereof, to all Signatory Airlines. ARTICLE 4: PREMISES 4.01 Signatory Airline's Leased Premises. A. City does hereby lease and demise to Signatory Airline, and Signatory Airline does hereby lease and accept from City, the Leased Premises, as may be modified from time to time, as set forth in Exhibit "B". B. Any relocation or square footage changes to Signatory Airline's Exclusive Use Premises or Preferential Use Premises made by Signatory Airline after commencement of this Agreement requires the prior written approval of the Director. After approval, Signatory Airline will submit plans prior to the commencement of the change as well as "as-built" drawings following completion. Upon completion and acceptance by the Director, the changes shall be evidenced by an amendment to this Agreement with revised exhibits. C. In the event that changes to Exhibit "B" are made to reflect changes in the Leased Premises other than those contemplated in Section 4.01 B above, then revised exhibits may be substituted herein without the necessity for formal amendment of this Agreement. D. Terminal Equipment owned or acquired by City for use by Signatory Airline in Signatory Airline's Leased Premises shall be maintained by the City and remain the property and under the control of the City. The cost of providing and maintaining Terminal Equipment shall be included in the O&M Expenses. 4.02 Employee Parking. City will make available area(s) at the Airport, which location may be adjusted from time to time at the sole discretion of the Director, for vehicular parking for Signatory Airline's employees based at the Terminal; provided however, such area(s) shall not be used for the 8 storage of vehicles or trailers, or for parking when the employee is traveling for leisure. The City may establish and charge Signatory Airline a reasonable parking fee for all employee parking. Employee parking permits are for Signatory Airline's employees use only and are not transferable. 4.03 International Arrivals Facility. City has developed an international arrivals facility in the Terminal to be used by agencies of the United States Government, based upon demand, for the inspection of passengers and their baggage, and for the exercise of the responsibilities of said agencies with respect to the movement of persons and property to and from the United States. The gate holdroom area used for international passengers is used for domestic flights when not used for international arrivals. Any revenues collected for the international arrival uses of the gate holdroom area will be credited to the Terminal requirement in Article 7. ARTICLE 5: USE, OPERATION AND MAINTENANCE OF THE AIRPORT AND RELATED FACILITIES 5.01 Signatory Airline Rights and Privileges. Subject to the terms of this Agreement, Signatory Airline shall have the right to conduct Signatory Airline's air transportation business at the Airport and to perform the following operations and functions as are reasonably necessary to the conduct of such business at the Airport: A. The landing, taking off, flying over, taxiing, towing, and conditioning of Signatory Airline's aircraft and, in areas designated by City, the extended parking, servicing, loading or unloading, storage or maintenance of Signatory Airline's aircraft and support equipment subject to Sections 5.01.1', 5.01.G, and 5.02.C, subject to the availability of space, and to such reasonable charges and regulations as City may establish; provided, however, Signatory Airline shall not permit the use of the Airfield by any aircraft operated or controlled by Signatory Airline which exceeds the load bearing design strength or capability of the Airfield as described in the then-current FAA- approved Airport Layout Plan ("ALP") or other engineering evaluations performed subsequent to the then-current ALP, including the then-current Airport Certification Manual, except in emergencies affecting human life. B. The sale of air transportation tickets and services, the processing of passengers and their baggage for air travel, and the sale, handling, and providing of mail, freight and express services. C. The training of personnel in the employ of or to be employed by Signatory Airline and the testing of aircraft and other equipment being utilized at the Airport in the operation of Signatory Airline's air transportation business; provided, however, said training and testing shall be 9 incidental to the use of the Airport in the operation by Signatory Airline of its air transportation business and shall not unreasonably hamper or interfere with the use of the Airport and its facilities by others entitled to the use of same. The City reserves the right to restrict or prohibit such training and testing operations as it deems interferes with the use of the Airport. D. The sale, disposition or exchange of Signatory Airline's aircraft, engines, accessories, gasoline, oil, grease, lubricants, fuel or other similar equipment or supplies; provided, however, Signatory Airline shall not sell aviation fuels or propellants except (i) to such Air Transportation Company which is a successor company to Signatory Airline, (ii) an Air Transportation Company which is a wholly owned subsidiary or Affiliate Airline of Signatory Airline or (iii) when a comparable grade and type of fuel desired by others is not available at the Airport except from Signatory Airline. Signatory Airline may not sell, dispose of or exchange new or used gasoline, oil, greases, lubricants, fuel, or other propellants unless disposed of in a manner meeting all local, state, and federal regulations for those products requiring disposal due to routine maintenance. E. The purchase at the Airport or elsewhere, of fuels, lubricants and any other supplies and services, from any person or company, shall be subject to Section 5.01.D and to the City's right to require that each provider of services and/or supplies to Signatory Airline secures a permit from City to conduct such activity at the Airport, pays required fees, and abides by all reasonable rules and regulations established by City. No discriminatory limitations or restrictions shall be imposed by City that interfere with such purchases; provided, however, nothing herein shall be construed to permit Signatory Airline to store aviation fuels at the Airport. The granting of the right to store aviation fuels shall be subject to the execution of a separate agreement between Signatory Airline and City. F. The servicing by Signatory Airline or its suppliers of aircraft being utilized at the Airport by Signatory Airline at Signatory Airline's Preferential Use Premises or such other locations as may be designated by the Director. Servicing at the Preferential Use Premises shall be limited to light maintenance supporting active flights. Maintenance on aircraft for flights that have been cancelled due to mechanical reasons may, at the discretion of the Director, be required to be towed away from the Terminal to a location designated by the Director. G. The loading and unloading of persons, property, cargo, and mail by motor vehicles or other means of conveyance approved by City on Signatory Airline's Exclusive Use Premises and Preferential Use Premises or such other locations as may be designated by the Director. 10 H. The installation and maintenance, at Signatory Airline's expense, of identifying signs in Signatory Airline's Preferential Use Premises shall be subject to the prior written approval of the Director. The general type and design of such signs shall be harmonious and in keeping with the pattern and decor of the Terminal areas. Nothing herein shall be deemed to prohibit Signatory Airline's installation on the walls behind ticket counters identification and company logo signs as are customarily installed by Signatory Airline in such areas at comparable airport facilities. Signatory Airline shall not install any promotional signage in the Preferential Use Premises without the prior written consent of the Director. I. The installation, maintenance and operation, at no cost to City, of such radio communication, computer, meteorological and aerial navigation equipment and facilities in Signatory Airline's Exclusive Use Premises or Preferential Use Premises as may be necessary for the operation of its air transportation business; provided, however, that the location of such equipment and facilities, method of installation and type of equipment shall be subject to the prior written approval of the Director, which shall not be unreasonably withheld. City shall have the right to charge a reasonable fee, surcharge, or rental charge for any location outside of Signatory Airline's Exclusive Use Premises or Preferential Use Premises and shall be entitled to any revenues generated directly from the operation of such equipment. City may disapprove or require modification, removal, or relocation of such equipment if it interferes with other communication, meteorological, or aerial navigation systems operated by City, other tenants, or governmental agencies. Upon abandonment or removal of any such system, Signatory Airline shall restore the Exclusive Use Premises or Preferential Use Premises or any other premises where the equipment is installed to its original condition, normal wear and tear excepted. J. Such rights of way as may reasonably be required by Signatory Airline for communications, computer equipment, telephone, interphone, conveyor systems and power and other transmission lines in areas not leased by Signatory Airline, subject to the availability of space and/or ground areas as reasonably determined by the Director. All communication cables are to be installed in cable trays (or otherwise properly supported) and shall be in compliance with all applicable building codes. Communication cable and internal electrical wires are the responsibility of Signatory Airline from the demarcation point and electrical wiring is the responsibility of Signatory Airline from the metered source. K. Signatory Airline shall provide real time electronic flight arrival and departure information through the City-installed MUFID and BID systems or by any other method to which Signatory Airline and the City agree. 11 L. Signatory Airline shall have the right to use, in common with others so authorized, the public address system serving the Terminal. Signatory Airline shall not install, cause to be installed, or use any other public address system at the Terminal without the prior approval of City. The City reserves the right to establish a charge for the use of such system. M. The installation of personal property, including furniture, furnishings, supplies, machinery, equipment, and self-ticketing machines in Signatory Airline's Exclusive Use Premises or Preferential Use Premises as Signatory Airline may deem necessary or prudent for the operation of its air transportation business. Title to such personal property shall remain with Signatory Airline, subject to the provisions of this Agreement. N. Signatory Airline shall have the right to ingress to and egress from the Airport and Signatory Airline's Leased Premises for Signatory Airline's officers, employees, agents and invitees, including passengers, suppliers of materials, furnishers of services, aircraft, equipment, vehicles, machinery and other property. Such right shall be subject to 49 CFR Part 1542 Airport Security and all other applicable regulations and the City's right to establish rules and regulations governing (i) the general public, including Signatory Airline's passengers, and (ii) access to non- public areas at the Airport by Signatory Airline's employees, suppliers of materials and furnisher of services; provided, however, any such rules and regulations of the City shall not unreasonably interfere with the operation of Signatory Airline's air transportation business. Further, the City reserves the right to, from time to time, temporarily or permanently restrict the use of any roadway or other area at the Airport. In the event of such restrictions, and as necessary, the City shall ensure the availability of a reasonably equivalent means of ingress and egress. The City will consult with Signatory Airline prior to any such closing which would adversely affect Signatory Airline's operations at the Airport unless such closing is necessitated by circumstances which pose an immediate threat to the health or safety of persons using the Airport. Signatory Airline hereby releases and discharges the City, its successors and assigns, from any and all claims, demands or causes of action which Signatory Airline may have arising from the fact that such areas have been closed. O. The rights and privileges granted to Signatory Airline pursuant to this Article 5 may be exercised on behalf of Signatory Airline by other Signatory Airlines, Affiliate Airlines, or contractors authorized by City to provide such services at the Airport, subject to the prior written approval of City and further subject to all laws, rules, regulations and fees and charges as may be applicable to the activities undertaken. 12 5.02 Exclusions and Reservations. A. Nothing in this Article 5 shall be construed as authorizing Signatory Airline to conduct any business separate and apart from the conduct of its air transportation business at the Terminal. Signatory Airline shall not use or permit the use of any portion of Signatory Airline's Leased Premises for the purpose of selling, offering for sale, dispensing or providing any merchandise, food and beverages, products, services, or advertising that directly competes with an authorized Airport concession except for vending machines in Signatory Airline's Exclusive Use Premises not accessible to public and nothing contained herein is intended to or shall be construed to authorize or permit the Signatory Airline to conduct any activity or to operate any direct or indirect business operation which in any manner competes with any authorized concession activity at the Airport without the prior written of approval of the Director and the payment to the City of concession fees. However, payment of a concession fee will not be required from Signatory Airline and approval of the Director will not be required when (i) an authorized ground handling company services Signatory Airline pursuant to this Agreement, or (ii) Signatory Airline provides complimentary light snacks and bottled water to its passengers at the Airport under the following terms and conditions: in the event of certain extraordinary irregular operations (1) where Signatory Airline has a designated flight "delay" program to provide complimentary light snacks and bottled water to its passengers, or (2) where the normal food and beverage concessionaire(s) operating in the Terminal on a regular basis is unable to provide food and beverage services, then Signatory Airline shall have the right to provide complimentary light snacks and bottled water to its passengers within the Signatory Airline's Preferential Use Premises. B. Signatory Airline shall not knowingly interfere or permit interference with the use, operation or maintenance of the Airport, including but not limited to, the effectiveness or accessibility of the drainage, sewerage, water, communications, fire protection, utility, electrical, or other systems installed or located from time to time at the Airport; and Signatory Airline shall not engage in any activity prohibited by any future approved 14 CFR Part 150 program, or existing noise abatement procedures of FAA or as such may be amended from time to time, except in cases of emergencies or safety concerns. C. As soon as possible after release from proper authorities, Signatory Airline shall remove any of its disabled aircraft from the Airfield, shall place any such disabled aircraft only in such storage areas as may be designated by the Director, and shall store such disabled aircraft only upon such terms and conditions as may be established by the Director; provided, however, 13 Signatory Airline shall be requested to remove such disabled aircraft from Signatory Airline's Preferential Use Premises only if deemed necessary in accordance with Article 16. In the event Signatory Airline shall fail to remove any of its disabled aircraft as expeditiously as possible, the Director may, but shall not be obligated to, cause the removal of such disabled aircraft; provided however, the Director shall give Signatory Airline prior written notice of its intent to do so and provided further that the Director shall use reasonable efforts to remove such aircraft. Signatory Airline shall pay to City, upon receipt of invoice, the costs incurred for such removal. D. Signatory Airline shall not do or permit to be done anything, either by act or failure to act, that shall cause the cancellation or violation of the provisions, or any part thereof, of any policy of insurance for the Airport, or that shall cause a hazardous condition so as to increase the risks normally attendant upon operations permitted by this Agreement. If such Signatory Airline act, or failure to act, shall cause cancellation of any policy, then Signatory Airline shall immediately, upon notification by City, do whatever shall be necessary to cause reinstatement of said insurance. Furthermore, if Signatory Airline shall do or permit to be done any act not permitted under this Agreement, or fail to do any act required under this Agreement, regardless of whether such act shall constitute a breach of this Agreement, which is the sole cause of an increase in the City's insurance premium for the Airport, Signatory Airline shall immediately remedy such actions and pay the increase in premium associated with the act upon notice from City to do so and after a sixty (60) calendar day period for Signatory Airline to contest the increase. E. City may, at its sole option, install or cause to be installed advertising and revenue generating devices, including vending machines, in Signatory Airline's Preferential Use Premises or Joint Use Premises; provided, however, that such installations shall not unreasonably interfere with Signatory Airline's operations authorized hereunder or substantially diminish the square footage contained in Signatory Airline's Preferential Use Premises or Joint Use Premises. City may also, at its sole option, install pay telephones, facsimile machines, or other self-service traveler amenities in any part of the Terminal; provided, however, installation of such devices in Preferential Use Premises shall be with Signatory Airline's prior consent, which consent shall not unreasonably be withheld or delayed. City shall be entitled to all income generated by such telephones and devices and to reasonable access upon Signatory Airline's Preferential Use Premises to install or service such telephones and devices. City reserves the right to install such devices in Preferential Use Premises or Joint Use Premises provided the installation does not disrupt passenger access. City will not install any advertising on Signatory Airline's ticket counter backwall or holdroom gate podium backwall. 14 F. Signatory Airline must comply with, and require its officers and employees, contractors, and any other persons over whom it has control to comply with, such rules and regulations governing the use of Airport facilities pursuant to this Agreement as may from time to time be adopted and promulgated by City including, but not limited to, health, safety, environmental concerns, sanitation, and good order, and with such amendments, revisions, or extensions thereof as may from time to time be adopted and promulgated by City. Signatory Airline will not do or authorize to be done anything that may interfere with the effectiveness of the drainage and sewage system, water system, communications system, fire protection system, or other part of the utility, electrical or other systems installed or located from time to time at the Airport. G. Signatory Airline must coordinate training flights and other nonscheduled flight activities into and out of Airport with the Director. If requested by City, Signatory Airline must restrict all such activities to certain hours established by the Director so as to not unreasonably interfere with scheduled flight activities of other Air Transportation Companies using the Airport. H. Signatory Airline must comply with all requirements of the Americans with Disabilities Act ("ADA"), as it may be amended, including without limitation paying for the cost of removing all of Signatory Airline's tenant improvement barriers within Signatory Airline's Exclusive Use Premises or Preferential Use Premises, necessary to gain access to the Signatory Airline's Exclusive Use Premises or Preferential Use Premises. I. Signatory Airline may use Terminal Equipment within Signatory Airline's Leased Premises. Signatory Airline shall ensure that those personnel involved in the use of Terminal Equipment are properly trained in the use and operation of the devices in a safe manner. Except to the extent prevented by Texas' Workers' Compensation law, Signatory Airline shall indemnify the City from any and all claims for damages made against the City due to injury, death, or damage to persons or property resulting from use of Terminal Equipment by Signatory Airline, its agents, employees, or officers. The City shall conduct maintenance on the Terminal Equipment so as to keep it in proper working order. Any necessary repairs to or replacement of the Terminal Equipment shall be the City's responsibility. If damage is caused by Signatory Airline's negligence or inappropriate use of the Terminal Equipment, the City will repair or replace the Terminal Equipment and charge Signatory Airline for such repair or replacement. 15 J. The rights and privileges granted Signatory Airline pursuant to this Article 5.01 and Article 5.02 shall be subject to any and all reasonable rules and regulations established by City and to the provisions of Article 7. In case of a conflict between provisions of this Agreement and the Airport rules and regulations, the provisions of this Agreement shall prevail and control. K. Any and all rights and privileges not specifically granted to Signatory Airline for its use of and operations at the Airport pursuant to this Agreement are hereby reserved for and to City. 5.03 City's Operation and Maintenance Obligations. A. City shall with reasonable diligence, prudently develop, improve, and at all times maintain and operate the Airport with adequate qualified personnel and keep the Airport in good repair, unless such maintenance, operation or repair shall be Signatory Airline's obligation pursuant to Exhibit "D", attached hereto and made a part hereof. B. City shall use reasonable efforts to keep the Airport and its aerial approaches free from ground obstruction for the safe and proper use thereof by Signatory Airline. C. City shall not be liable to Signatory Airline for temporary failure to furnish all or any of such services to be provided in accordance with Exhibit "D" when due to mechanical breakdown or any other cause beyond the reasonable control of City. City shall use commercially reasonable efforts to i) ensure the good repair of the Airport and the services described in Exhibit "D"; and ii) eliminate a failure thereof in order to minimize the effect to Signatory Airline as soon as possible. D. City shall maintain Terminal Equipment, pursuant to Exhibit "D", and striping for ground service equipment locations at the Preferential Use Premises. 5.04 Signatory Airline's Operation and Maintenance Obligations. A. Signatory Airline shall, at all times and at its own expense, preserve and keep Signatory Airline's Exclusive Use Premises and Preferential Use Premises in an orderly, clean, neat and sanitary condition in accordance with Signatory Airline's obligations pursuant to Exhibit "D." 16 B. Signatory Airline shall maintain, at its own expense, its Exclusive Use Premises and Preferential Use Premises as free as possible of any release of fuel, oil and debris. Signatory Airline agrees to comply with all applicable environmental laws, rules, regulations, orders and/or permits applicable to Signatory Airline's operations on or in the vicinity of the Airport, including but not limited to applicable National Pollutant Discharge Elimination System Permits and all applicable laws relating to the use, storage, generation, treatment, transportation, and/or disposal of hazardous or regulated substances (as such terms are defined under applicable law). Signatory Airline must not knowingly use, store, generate, treat, or dispose of any hazardous or regulated substances or waste on or near the Airport without first obtaining all required permits and approvals from all authorities having jurisdiction over Signatory Airline's operations on or near the Airport. If Signatory Airline determines at any time through any means that any threat of any potential harm to the environment, resulting from any release, discharge, spill, or deposit of any hazardous or regulated substance, has occurred or is occurring as a result of Signatory Airline's operations, which in any way affects or threatens to affect the Airport, or the persons, structures, equipment, or other property thereon, Signatory Airline must provide notice as soon as reasonably possible by verbal report in person or by telephone, to be promptly confirmed in writing to, (1) the Director, (2) the Airport's Public Safety Office, and (3) emergency response centers and environmental or regulatory agencies, as required by law or regulation, and must follow such verbal report with written report where required by law. Signatory Airline agrees to cooperate fully with the City in promptly responding to, reporting, and remedying any threat of potential harm to the environment, resulting from any release or threat of release of hazardous or regulated substance from Signatory Airline's operations into the drainage systems, soils, ground water, waters, or atmosphere, in accordance with applicable law or as authorized or approved by any federal, state, or local agency having authority over environmental matters. Signatory Airline will undertake all required remediation and all costs associated therewith, resulting from Signatory Airline's action or inaction which is directly or indirectly responsible for any failure of the Signatory Airline to materially conform to all applicable environmental laws, rules, regulations, orders and/or permits. The rights and obligations set forth in this section survive the termination of this Agreement. C. Signatory Airline shall maintain the heating ventilation and air conditioning system from the supply point which is the point at which the supply enters the Signatory Airline's Exclusive Use Premises and continuing throughout the Signatory Airline's Exclusive Use Premises. Signatory Airline must maintain electric loads within the designed capacity of the Airport's electrical system. Signatory Airline shall maintain fixtures, equipment, and the interior non-structural portions of its 17 Exclusive Use Premises in good condition, normal wear and tear excepted and perform all ordinary repairs and inside painting of the Exclusive Use Premises. Such repairs and painting by Signatory Airline shall be of a quality similar to the original material and workmanship. D. Signatory Airline may dispose of routine daily trash in the City provided trash container without additional charge. However, Signatory Airline must dispose of non-routine daily trash, including without limitation, construction debris and other waste materials-including petroleum products, either directly or through an approved and permitted independent contractor. E. Signatory Airline will provide and maintain hand fire extinguishers for all Exclusive Use Premises in accordance with applicable safety codes. F. Signatory Airline will repair, at its cost, or at City's option reimburse City for the cost of repairing, replacing, or rebuilding any damages to Signatory Airline's Leased Premises caused by the acts or omissions of Signatory Airline, its sub lessee, or its or their respective officers, employees, agents, contractors, or business invitees, including without limitation customers.Any repairs made by Signatory Airline are subject to inspection and approval by City. G. Signatory Airline may not erect, maintain or display on the Airport any billboards, banners, advertising, promotions, signs or materials without the prior written approval of Director. Signatory Airline must keep its ticket counter free of all printed material except required regulatory signs or conditions of travel and advertising displays. City may remove any unauthorized material or displays that are placed on the Airport without the Director's prior written approval. H. Should Signatory Airline fail to perform its material obligations hereunder, the City shall have the right to enter the Signatory Airline's Leased Premises and perform such activities; provided, however, other than in a case of emergency, the City shall give to Signatory Airline reasonable advance written notice of non-compliance, a minimum of ten (10) calendar days, prior to the exercise of this right. If such right is exercised, Signatory Airline shall pay to the City, upon receipt of invoice, the cost of such services plus a fifteen percent (15%) administrative fee. 5.05 Designation of Operation and Maintenance Responsibilities. In addition to the obligations of City and Signatory Airline set forth in Sections 5.03 and 5.04, responsibilities for maintenance, cleaning and operation of the Airport shall be as set forth in Exhibit "D". 18 ARTICLE 6: CAPITAL IMPROVEMENTS 6.01 General. A. It is contemplated by the parties that from time to time during the Term of this Agreement, the City may undertake Capital Improvements to the Airport. B. In conjunction with submission of its annual budget, Director will notify Signatory Airline of its proposed Capital Improvements, including a sources and uses of funds plan for the ensuing Fiscal Year and City's estimates of the effect of such Capital Improvements on the Rentals, Fees, and Charges paid by Signatory Airlines. It is expressly acknowledged that Exclusive Use Premises are ineligible for certain funding sources, such as PFCs, and as such that any Capital Improvement costs impacting the Exclusive Use Premises will be funded through Rentals, Fees, and Charges paid by Signatory Airlines. C. The City agrees, at the written request of the AAAC, to meet collectively or conduct a conference call with the Signatory Airlines within thirty (30) calendar days after notification to Signatory Airline of said annual budget to further discuss the Capital Improvements. City agrees to consider the comments and recommendations of the AAAC with respect to said Capital Improvements. 6.02 Grants-In-Aid. City will use its best efforts to obtain maximum development grants-in-aid federal funding. ARTICLE 7: RENTALS, FEES, AND CHARGES Signatory Airline shall pay City rentals for use of Signatory Airline's Leased Premises, and fees and charges for the other rights, licenses, and privileges granted hereunder during the Term of this Agreement ("Rentals, Fees, and Charges"). For each Fiscal Year, the Rentals, Fees, and Charges payable by all Signatory Airlines and their designated Affiliate Airlines for the Airfield, Apron Area, and Terminal shall be calculated as set forth below. Exhibit "G", attached hereto and made a part hereof, provides a demonstrative illustration example of the Rentals, Fees and Charges calculations as described further in Article 7. The City shall notify the Signatory Airlines for each Fiscal Year of the actual Rentals, Fees, and Charges pursuant to Article 8. 19 7.01 Landing Fees. Signatory Airline shall pay to City fees for Revenue Landings at the Airport. Signatory Airlines' landing fees shall be calculated to include all allocated portions of the Airport Requirement associated with the Airfield, excluding the Apron Area and designated GSE storage area, minus any adjustments due to allocated credits (e.g., Non-Signatory Airlines' landing fees) and Airport discretionary revenue applied. These landing fees will be determined as the product of the associated landing fee rate and all Signatory Airlines' total landed weight. A Signatory Airline's total landed weight shall be determined as the resulting product of the Maximum Gross Landed Weight of each Signatory Airline's landing aircraft times the number of Revenue Landings of each of Signatory Airline's aircraft. 7.02 Terminal Rentals. Signatory Airline shall pay to City rentals for Terminal use at the Airport. Signatory Airlines' Terminal rentals shall be calculated to include all allocated portions of the Airport Requirement associated with the Terminal minus any adjustments due to allocated credits and Airport discretionary revenue applied to arrive at a Terminal requirement. The Terminal requirement will be divided by the square footage of all Signatory Airlines' Leased Premises to determine the Terminal rental rate. Each Signatory Airline's Terminal rentals are a) product of the square footage of its Exclusive Use Premises and Preferential Use Premises times the Terminal rental rate, plus b) the quotient of the total Terminal revenue due associated with the Joint Use Premises divided by its proportionate share per the Joint Use Charges Formula. 7.03 Apron Area Fees. Signatory Airline shall pay to City fees for Apron Area use at the Airport. Signatory Airlines' Apron Area fees shall be calculated to include all allocated portions of the Airport Requirement associated with the Apron Area minus any adjustments due to allocated credits and Airport discretionary revenue applied to arrive at an Apron Area requirement. Each Signatory Airline's Apron Area fees are the product of the square footage of its leased Apron Area times the Apron Area rate. 7.04 GSE Storage Area Charges. Signatory Airline shall pay to City charges for GSE storage area use at the Airport. Signatory Airline shall have a designated area at which it may park"non-active" ground service equipment. The GSE storage area charges shall be based on the same per square foot rate as the Apron Area rate. Each Signatory Airline's GSE storage area charges are the product of its leased GSE storage area times the Apron Area rate. The GSE storage area is represented on Exhibit «B" 7.05 Gate Use Fees. Signatory Airline shall pay to City fees for each ad hoc use of a gate that is not preferentially leased by Signatory Airline. Signatory Airline shall report on a monthly basis its total gate uses for the previous month. 20 7.06 Other Fees and Charges. A. City expressly reserves the right to assess and collect the following: (1) Signatory Airline must report to City all charter flights handled or operated by Signatory Airline as follows: (i) if the charter flight is handled by Signatory Airline with its own aircraft or the aircraft of a designated Affiliate Airline in Signatory Airline's Leased Premises, Signatory Airline will pay the Signatory landing fees, Apron Area fees, and Terminal rentals for Joint Use Premises; (ii) if the charter flight is an aircraft owned and operated by a Non-Signatory Airline (on its own behalf and not on behalf of the Signatory Airline) and is handled in Signatory Airline's Exclusive Use Premises or Preferential Use Premises, Signatory Airline must report the charter activity and the Non-Signatory Airline must pay the Non-Signatory Airline Terminal rentals for the Joint Use Premises; or (iii) if the charter flight is an aircraft owned and operated by a Non-Signatory Airline and handled outside Signatory Airline's Exclusive Use Premises or Preferential Use Premises, Signatory Airline must report the activity to City and the Non-Signatory Airline must pay the Non-Signatory Airline Rentals, Fees, and Charges as established by the City, subject to adjustment from time to time. (2) Reasonable and non-discriminatory fees and charges for services or facilities not enumerated in this Agreement, but provided by City including, but not limited to, Federal Inspection Services ("FIS") fee, Airport based employee vehicle parking fees, non-airport based employee/contractor parking fees, remote aircraft parking fees, security badging fees, excess GSE parking fees, security fees, and any other fee that may be adopted to recover costs as a result of the requirement to remain compliant with FAA, Department of Homeland Security, or any other governmental body that has jurisdiction over the Airport requirements. B. City reserves the right to charge Signatory Airline, its employees or contractors, a reasonable fee for identification badges provided at the Airport. C. Signatory Airline shall pay charges for other services or facilities requested by Signatory Airline and provided by City to Signatory Airline. Such services or facilities may include, but are not limited to, special maintenance of Signatory Airline's Leased Premises including janitorial services or equipment/vehicle storage areas. The fees for these services shall be established by the Director. 21 D. Signatory Airline shall pay the required fees for all permits and licenses necessary for the conduct of Signatory Airline's air transportation business at the Airport. Signatory Airline shall pay all electricity, gas, and water and sewerage fees and charges for its Leased Premises, if separately metered. Signatory Airline shall also pay all taxes, assessments, and charges which, during the Term of this Agreement, may become a lien or which may be levied by the state, county, or any other tax levying body, upon any taxable interest by Signatory Airline acquired in this Agreement, or any taxable possessory right which Signatory Airline may have in or to the premises or facilities leased hereunder, or the improvements thereon, by reason of its occupancy thereof, or otherwise, as well as taxes, assessments, and/or charges on taxable property, real or personal, owned by Signatory Airline in or about said premises. Upon any termination of tenancy, all taxes then levied or a lien on any of said property, or taxable interest therein, shall be paid in full and without pro-ration by Signatory Airline forthwith, or as soon as a statement thereof has been issued by the tax collector, if termination occurs during the interval between attachment of the lien and issuance of statement. However, Signatory Airline shall not be deemed to be in default under this Agreement for failure to pay taxes pending the outcome of any proceedings instituted by Signatory Airline to contest the validity or the amount of such taxes, provided that such failure to pay does not result in any forfeiture. 7.07 Payments. A. Payments of one-twelfth (1/12) of the total annual rentals for Signatory Airline's Exclusive Use Premises and Preferential Use Premises (7.02, 7.03, and 7.04) shall be due in advance, without demand, on the first calendar day of each month. Said rentals and charges shall be deemed delinquent if payment is not received by the fifteenth (15th) calendar day of the month. B. Signatory Airline's landing weights activity, enplanements, and non-leased gate turns shall be reported on or before the tenth (10th) calendar day of each month following activity. City will provide Signatory Airline with an invoice within five (5) calendar days following receipt of the activity report, and payment of fees for Landing Fees (7.01), Joint Use Premises rentals (7.02) and Gate Use Fees (7.05) is due on the thirtieth (30th) calendar day of each month following the month in which such activity occurs. Said fees shall be deemed delinquent if payment is not received on the date due. C. [Reserved] D. Payment for all other fees and charges due hereunder that are subject to invoice shall be due to City within thirty (30) calendar days of the date of such invoice. 22 E. City shall provide written notice of any and all payment delinquencies, including payments of any deficiencies which may be due as a result of the City's estimates of activity pursuant to Section 7.07.F below or due to an audit performed pursuant to Section 7.08.D.; provided however, interest at the lower of one and one-half percent (1 '/2 %) per month, or the highest rate allowable by applicable state law, shall accrue against any and all delinquent payments from the date due until the date payments are received by City. This provision shall not preclude City from terminating this Agreement for default in the payment of Rentals, Fees or Charges, as provided for in Section 12.03, or from exercising any other rights contained herein or provided by law. F. In the event Signatory Airline fails to submit its monthly activity report as required, City shall estimate the Rentals, Fees, and Charges based upon the greater of one hundred twenty- five percent (125%) of the previous month's activity or the same month's prior year activity reported by Signatory Airline and issue an invoice to Signatory Airline for same. If no activity data is available, City shall reasonably estimate such activity and invoice Signatory Airline for same. Signatory Airline shall be liable for any deficiencies in payments based on estimates made under this provision; payment for said deficiencies shall be deemed due as of the date such rental was due and payable. If such estimate results in an overpayment by Signatory Airline, City shall apply such overpayment as a credit against subsequent amounts due for such Rentals, Fees and Charges from Signatory Airline; provided, however, Signatory Airline shall not be entitled to any credit for interest on payments of such estimated amounts. G. In the event Signatory Airline's obligations with respect to Signatory Airline's Leased Premises or rights, licenses, services or privileges granted hereunder shall commence or terminate on any date other than the first or last calendar day of the month, Signatory Airline's Rentals, Fees, and Charges shall be prorated on the basis of the number of calendar days such premises, facilities, rights, licenses, services, or privileges were enjoyed during that month. H. All payments due and payable hereunder shall be paid in lawful money of the United States of America, without set off, by electronic funds transfer or by check made payable to the Corpus Christi International Airport and delivered to: Corpus Christi International Airport Accounts Receivable Division 1000 International Drive Corpus Christi, TX 78406 23 7.08 Information to be Supplied by Signatory Airline. A. Not later than ten (10) calendar days after the end of each month, Signatory Airline shall file with the City a written report in the format as set forth in Exhibit "E" for activity conducted by Signatory Airline and its designated Affiliate Airline(s) during said month and for activity handled by Signatory Airline for other Air Transportation Companies not having a Signatory Agreement with City providing for its own submission of activity data to City. B. City shall have the right to rely on said activity reports in determining Rentals, Fees, and Charges due hereunder; provided, however, Signatory Airline shall have full responsibility for the accuracy of said reports including the sum and product totals. Payment deficiencies due to incomplete or inaccurate activity reports shall be subject to interest charges as set forth in Section 7.07.E. C. Signatory Airline shall at all times maintain and keep books, ledgers, accounts or other records, wherein are accurately kept all entries reflecting the activity statistics to be reported pursuant to Section 7.07. Such records shall be retained by Signatory Airline for a period of three (3) years subsequent to the activities reported therein, or such other retention period as set forth in 14 CFR Part 249, and made available at Corpus Christi, Texas, for audit and/or examination by City or its authorized representative during normal business hours. Signatory Airline shall produce such books and records at Corpus Christi, Texas, within thirty (30) calendar days of written notice to do so or pay all reasonable expenses including, but not limited to, transportation, food and lodging necessary for an auditor selected by City to audit said books and records at a place selected by Signatory Airline. D. The cost of audit, with the exception of the aforementioned expenses, shall be borne by City as O&M Expenses; provided however, the total cost of said audit shall be borne by Signatory Airline if either of the following conditions exist: (1) The audit reveals an underpayment of more than ten percent (10%) of Rentals, Fees, and Charges due hereunder, as determined by said audit; or (2) Signatory Airline has failed to maintain true and complete books, records, accounts, and supportive source documents in accordance with Section 7.08.C. 24 7.09 Security for Payment. A. Unless Signatory Airline has provided regularly scheduled flights to and from the Airport during the eighteen (18) months prior to the Effective Date of this Agreement without the occurrence of any act or omission that would have been an event enumerated in Section 12.01 of this Agreement, if this Agreement had been in effect during that period, Signatory Airline shall provide City on the Effective Date of this Agreement with a contract bond, irrevocable letter of credit or other similar security acceptable to City ("Contract Security") in an amount equal to the estimate of three (3) months' Rentals, Fees, and Charges payable by Signatory Airline pursuant to this Article 7, to guarantee the faithful performance by Signatory Airline of its obligations under this Agreement and the payment of all Rentals, Fees, and Charges due hereunder. Signatory Airline shall be obligated to maintain such Contract Security in effect until the expiration of eighteen (18) consecutive months during which period Signatory Airline commits no event enumerated in Section 12.01 of this Agreement. In the event the City draws from the Contract Security during the eighteen (18) month period due to past due payments due from Signatory Airline to the City, Signatory Airline shall replenish such amount within five (5) business days upon written notice. Such Contract Security shall be in a form and with a company reasonably acceptable to City. In the event that any such Contract Security shall be for a period less than the full period required by this Section 7.09.A. or if Contract Security shall be canceled, Signatory Airline shall provide a renewal or replacement Contract Security for the remaining required period at least sixty (60) calendar days prior to the date of such expiration or cancellation. B. Notwithstanding the above Section 7.09.A, City shall have the right to waive such Contract Security requirements for a Signatory Airline which has not provided regularly scheduled flights to and from the Airport during the eighteen (18) months prior to the Effective Date of its Signatory Airline agreement. Any such waiver by City shall be conditioned upon said Signatory Airline having provided regularly scheduled flights at three (3) other airports with activity levels and characteristics similar to Airport during the most recent eighteen (18) month period without committing any material default under the terms of the respective lease and use agreements at each of the three (3) facilities and without any history of untimely payments for rentals, fees and charges. The burden shall be on Signatory Airline to demonstrate to the City its compliance with these requirements by providing written documentation from three (3) other airports selected by City. C. If Signatory Airline is delinquent in any debt due to the City for a period greater than ninety (90) calendar days or delinquent twice over a period of six (6) months, the City shall impose or re-impose the requirements of Section 7.09.A on Signatory Airline. 25 D. Upon the occurrence of any Signatory Airline act or omission that is an event enumerated in Section 12.01, or upon election to assume this Agreement under Federal Bankruptcy Rules and Regulations, as such may be amended, supplemented, or replaced, City, by written notice to Signatory Airline given at any time within ninety (90) calendar days of the date such event becomes known to City, may impose or reimpose the requirements of Section 7.09.A on Signatory Airline. In such event, Signatory Airline shall provide City with the required Contract Security within ten (10) calendar days from its receipt of such written notice and shall thereafter maintain such Contract Security in effect until the expiration of a period of eighteen (18) consecutive months during which Signatory Airline commits no additional event enumerated in Section 12.01. E. If Signatory Airline fails to obtain and/or keep in force such Contract Security required hereunder, such failure is grounds for immediate termination of this Agreement pursuant to Section 12.01. City's rights under this Section 7.09 shall be in addition to all other rights and remedies provided to City under this Agreement. 7.10 Passenger Facility Charge. A. Signatory Airline acknowledges City has the right to assess Signatory Airline's enplaned passengers a PFC for the use of the Airport in accordance with 49 U.S.C. §40117 and the rules and regulations thereunder (14 CFR Part 158, the "PFC Regulations") and as otherwise hereinafter authorized or permitted. Signatory Airline shall collect on behalf of and remit to City any such charges in accordance with the requirements of the PFC Regulations including, but not limited to, holding any charges collected by Signatory Airline, pending remittance to City, in trust for the benefit of City. City shall have the right to use all such PFC revenue collected in any lawful manner. B. Signatory Airline and City shall be bound by and shall observe all of the provisions of the PFC Regulations as they apply to each party. C. If Signatory Airline fails to remit PFC revenue to City within the time limits established by the PFC Regulations (no later than the last calendar day of the following calendar month), Signatory Airline shall be deemed to be in default pursuant to Section 12.01. Any late payment of PFCs shall be subject to interest computed in accordance with Section 7.07. 7.11 Capitalized Interest on Bonds. Bonds issued by the City will provide for the capitalization of interest, by project, during the construction period for each respective project; and the City intends for 26 Debt Service on Bonds to be capitalized until substantial completion of projects financed, in part, from the proceeds of Bonds; provided however, that in the event any Debt Service applicable for Bonds shall become payable from Revenues prior to substantial completion of projects, the Debt Service will be allocated to cost centers in the same manner as the related project costs (net of any PFC funding) are allocated to cost centers. 7.12 Continuation of Rentals. If Signatory Airline ceases service at the Airport prior to the end of the Term of the Agreement or extension thereof as provided for in Section 13.01, Signatory Airline will continue to pay rentals on Exclusive Use Premises and Preferential Use Premises until the end of the Term of the Agreement or extension thereof. However, in no event shall the annual amount due from Signatory Airline be less than the dollar equivalent of twenty percent (20%) of the total Joint Use Premises rentals divided by the total number of Signatory Airlines immediately prior to the time Signatory Airline ceases service at the Airport. 7.13 Charges for Services. The provisions contained in Article 7 shall not preclude the City from seeking reimbursement from Signatory Airline or any Air Transportation Company for the cost of services provided to Signatory Airline or any Air Transportation Company in compliance with any federal law, rule or regulation which is enacted or amended subsequent to the execution of this Agreement, or for any services or facilities provided subsequent to the execution date of this Agreement, the cost of which is not currently included in the estimated requirement used to calculate Rentals, Fees, and Charges under this Agreement. 7.14 Extraordinary Coverage. Signatory Airline shall pay extraordinary coverage protection payments in the rates for Rentals, Fees, and Charges at the Airport in any Fiscal Year in which the amount of Revenues less O&M Expenses is projected to be less than the minimum coverage required on Debt Service as may be required by the covenants, including any Debt Service on general obligation debt held by the City on behalf of the Airport. Any amounts which must be collected for such extraordinary coverage protection payments will be allocated to the Airfield and Terminal on the basis of the net requirement of such cost centers' requirements. 7.15 No Further Charges. Except as stated in this Article 7 or as detailed elsewhere in this Agreement, no further Rentals, Fees and Charges shall be charged by the City to Signatory Airline, for the use of Signatory Airline's Leased Premises and the rights, licenses, and privileges granted to Signatory Airline; provided however, nothing shall preclude the City from imposing fees for additional uses, equipment, facilities and services, or from imposing fines, penalties, and assessments for the enforcement of City's rules and regulations. 27 ARTICLE 8: CHANGES IN RATES FOR RENTALS, FEES, AND CHARGES 8.01 Annual Rate Changes. A. Except for the initial Fiscal Year of this Agreement, no later than sixty (60) calendar days prior to the end of each Fiscal Year, City shall notify Signatory Airline of the proposed schedule of rates for Rentals, Fees, and Charges for the ensuing Fiscal Year. Said rates shall be calculated in accordance with and pursuant to Article 7. For the initial Fiscal Year, the Rentals, Fees and Charges will be provided to Signatory Airline in writing within two weeks of City's execution of this Agreement. B. The Signatory Airlines, through the AAAC, shall have the right to review and comment upon the proposed operating budget and annual Capital Improvement projects. No later than thirty (30) calendar days after the forwarding of the proposed schedule of rates for Rentals, Fees, and Charges, the City agrees to meet or arrange a conference call with the AAAC at a mutually convenient time for the purpose of discussing such Rentals, Fees, and Charges. In advance of that meeting/call, the City shall make available to the AAAC any reasonably requested additional information relating to the determination of the proposed rates. The City agrees to fully consider the comments and recommendations of the Signatory Airlines prior to finalizing its schedule of rates for Rentals, Fees, and Charges for the ensuing Fiscal Year. C. Following that meeting/call, the City shall notify Signatory Airline of the rates for Rentals, Fees and Charges to be established for the ensuing Fiscal Year. D. If calculation of the new rates for Rentals, Fees, and Charges is not completed by the City and the notice provided in Section 8.01.0 is not given prior to the end of the then current Fiscal Year, Signatory Airline will be provided written notice that rates for Rentals, Fees, and Charges then in effect shall continue to be paid by Signatory Airline until such calculations are concluded and such notice is given. Upon the conclusion of such calculations and the giving of such notice, City shall determine the differences, if any, between the actual Rentals, Fees, and Charges paid by Signatory Airline to date for the then current Fiscal Year and the rates for Rentals, Fees, and Charges that would have been paid by Signatory Airline if said rates had been in effect beginning on the first calendar day of the Fiscal Year. Those differences shall be applied to the particular Rentals, Fees, and Charges for which any differences in rates resulted in an overpayment or underpayment and shall be remitted by Signatory Airline or credited or refunded by the City in the month immediately following the calculation of the new Fiscal Year's rates for Rentals, Fees, 28 and Charges. 8.02 Other Rate Changes. Rates for Rentals, Fees, and Charges may be changed up to once per Fiscal Year at any time that unaudited monthly Airport financial data indicates that total Rentals, Fees, and Charges payable pursuant to the then current rate schedules are estimated and anticipated by the City to vary by more than ten percent (10%) from the total Rentals, Fees, and Charges that would be payable based upon the use of the projected monthly financial data then available for said Fiscal Year. Rates for Rentals, Fees, and Charges may also be changed whenever required by the terms and provisions of the Master Bond Ordinance, which is available in the Airport Administration offices for review; provided, however, that Signatory Airlines' total Rentals, Fees, and Charges payable to the City shall be allocated to Signatory Airline in accordance with this Agreement. In the event of an emergency situation at the Airport, the Rentals, Fees, and Charges also may be changed within thirty (30) calendar days following consultation with the AAAC. 8.03 Incorporation of Exhibit "G". Adjustments to rates for Rentals, Fees, and Charges pursuant to Article 7 shall apply without the necessity of formal amendment of this Agreement. Exhibit "G" is an illustration only of how the Rentals, Fees, and Charges are calculated and represents a snapshot example of how the rate model operates. Exhibit "G" is not a formal forecast of budget or actual activity, operating and capital expenses, capital plans, or Airport discretionary revenue credits. 8.04 Reconciliation. Within one hundred eighty (180) calendar days following the close of each Fiscal Year, or as soon as audited financial data for said Fiscal Year is available, Rentals, Fees, and Charges for the preceding Fiscal Year shall be recalculated using audited financial data and the methods set forth in Exhibit "G." If the actual Rentals, Fees and Charges paid by Signatory Airlines during the preceding Fiscal Year is in excess of the Rentals, Fees and Charges that would have been paid by Signatory Airlines using said recalculated rates, Signatory Airlines shall be provided a credit in the amount of such excess, in coordination with each Signatory Airline, in the immediately succeeding monthly payment periods against the amounts owed by the Signatory Airlines to the City until such credit is exhausted. If Signatory Airline has ceased operations at the Airport and if no longer obligated to pay any amounts pursuant to Section 7.12, then City shall remit any remaining credit to Signatory Airline. If the actual Rentals, Fees, and Charges paid by Signatory Airlines during the preceding Fiscal Year is less than the Rentals, Fees and Charges that would have been paid by Signatory Airlines using said recalculated rates, the City shall invoice the Signatory Airlines for any such deficit, and the Signatory Airlines shall pay City such deficit within thirty (30) calendar days from the date of an invoice from City. Notwithstanding the foregoing, City retains the right of offset in the event any Signatory Airline has an outstanding amount due to City that is not in formal dispute. 29 8.05 City Covenants. A. The City covenants that for purposes of assigning and allocating costs, it shall adhere to the requirements of the FAA's "Policy Regarding Airport Rates and Charges", as amended. B. The City shall operate the Airport in the same manner as a reasonably prudent airport operator of an airport of substantially similar size, use and activity as the Airport and in a manner so as to produce revenues from concessionaires, tenants and other users of the Airport of a nature and amount which would be produced by a reasonably prudent operator of an airport of substantially similar size, use and activity, with due regard for the interests of the public. ARTICLE 9: AIRLINE IMPROVEMENTS 9.01 Signatory Airline Improvements. A. In accordance with Section 9.01.E below, Signatory Airline may construct and install, at Signatory Airline's sole expense, improvements in its Exclusive Use Premises and Preferential Use Premises as Signatory Airline deems to be necessary for its operations; provided, however, that the plans and specifications, location, and construction schedule for such improvement shall be subject to the advance written approval of the Director; provided further, that no reduction or abatement of Rentals, Fees, and Charges shall be allowed due to any interference with Signatory Airline's operations by such construction. B. Prior to the commencement of any improvements greater than twenty five thousand dollars ($25,000), the City shall have the right to require Signatory Airline to obtain, or cause to be obtained, a contract surety bond in a sum equal to the full amount of any construction contract awarded by Signatory Airline for the improvements. Said contract security bond shall name the City as an obligee thereunder and shall be drawn in a form and issued by such company acceptable to City; shall guarantee the faithful performance of necessary construction and completion of improvements in accordance with approved final plans and detailed specifications; and shall protect City against any losses and liability, damages, expenses, claims and judgments caused by or resulting from any failure to perform completely the work described. City reserves the right also to require that Signatory Airline acquires or causes to be acquired a payment bond with any contractors of Signatory Airline as principal, in a sum equal to the full amount of the construction contract awarded by Signatory Airline for the improvements. Said bond shall name the City as an obligee thereunder and shall guarantee payment of all wages for labor and services engaged and of all bills for materials, supplies and equipment used in the performance of said construction contract. Any work associated with such construction or installation shall not 30 unreasonably interfere with the operation of the Airport or otherwise unreasonably interfere with the permitted activities of other Terminal tenants and users. Upon completion of approved construction and within sixty (60) calendar days of Signatory Airline's receipt of a certificate of occupancy, a complete set of "as built" drawings shall be delivered to the Director for the permanent record of the City. C. Signatory Airline shall furnish or require contractors to furnish satisfactory evidence of statutory workers' compensation insurance, comprehensive general liability insurance, comprehensive automobile insurance and physical damage insurance on a builder's risk form with the interest of City endorsed thereon in such amounts and in such manner as City may reasonably require. City may require additional insurance for any alterations or improvements approved hereunder in such limits as City reasonably determines to be necessary. D. Any construction or installation by or on behalf of Signatory Airline shall be at the sole risk of Signatory Airline and shall be in accordance with all applicable state and local codes and laws and subject to inspection by the Director and all other applicable inspectors. E. All improvements made to Signatory Airline's Exclusive Use Premises and Preferential Use Premises and additions and alterations thereto made by Signatory Airline, except those financed by City, shall be and remain the property of Signatory Airline until expiration of the Term of this Agreement. Upon termination of this Agreement, said improvements, additions and alterations shall become the property of City; provided, however, that any trade fixtures, signs, equipment, and other moveable personal property of Signatory Airline not permanently affixed to Signatory Airline's Exclusive Use Premises and Preferential Use Premises shall remain the property of Signatory Airline, subject to the terms of Article 14. ARTICLE 10: DAMAGE OR DESTRUCTION 10.01 Partial Damage. If any part of Signatory Airline's Leased Premises, or adjacent facilities directly and substantially affecting the use of Signatory Airline's Leased Premises, shall be partially damaged by fire or other casualty other than that caused by Signatory Airline, but said circumstances do not render Signatory Airline's Leased Premises untenable as reasonably determined by the City, the same shall be repaired to usable condition with due diligence by the City, or by Signatory Airline if agreed to by both parties, as hereinafter provided and limited. No abatement of rentals shall accrue to Signatory Airline so long as Signatory Airline's Leased Premises remain tenantable. Any partial damage caused by Signatory Airline shall be repaired by the City to similar conditions existing prior to the partial damage, and the cost of such repair shall be invoiced directly to Signatory Airline and is due and 31 payable within thirty (30) calendar days from the date of an invoice from City. 10.02 Substantial Damage. If any part of Signatory Airline's Leased Premises, or adjacent facilities directly and substantially affecting the use of Signatory Airline's Leased Premises, shall be so extensively damaged by fire or other casualty, other than that caused by Signatory Airline, as to render any portion of Signatory Airline's Leased Premises untenable but capable of being repaired, as reasonably determined by City, the same shall be repaired within a reasonable period to usable condition with due diligence by City as hereinafter provided and limited. In such case, the rentals payable hereunder with respect to affected Signatory Airline Leased Premises shall be paid up to the time of such damage and shall thereafter be abated equitably in proportion as the part of the area rendered untenable bears to the total Leased Premises until such time as such affected Signatory Airline's Leased Premises shall be restored adequately for use. City shall use "commercially reasonable" efforts to provide Signatory Airline with comparable alternate facilities to continue its operation while repairs are being completed at a rental rate not to exceed that provided for in this Agreement for comparable space. Any substantial damage caused by Signatory Airline shall be repaired by the City and the cost of such repair invoiced directly to Signatory Airline, due and payable upon receipt. 10.03 Destruction. A. If any part of Signatory Airline's Leased Premises, or adjacent facilities directly and substantially affecting the use of Signatory Airline's Leased Premises, shall be damaged by fire or other casualty, and is so extensively damaged as to render any portion of Signatory Airline's Leased Premises incapable of being repaired within ninety (90) calendar days, as reasonably determined by the City, the City shall notify Signatory Airline of its decision whether to reconstruct or replace said space; provided, however, the City shall be under no obligation to replace or reconstruct such premises. The rentals payable hereunder with respect to the Signatory Airline's affected Leased Premises shall be paid up to the time of such damage and thereafter shall abate until such time as replacement or reconstructed space becomes available for use by Signatory Airline. If this occurs, Signatory Airline may terminate the letting of Signatory Airline's Leased Premises, effective as of the date of written notice to the City. Any destruction caused by Signatory Airline shall be repaired by the City and the cost of such repair invoiced directly to Signatory Airline, due and payable upon receipt. B. In the event the City elects to reconstruct or replace the affected Signatory Airline's Leased Premises, the City shall provide Signatory Airline with comparable alternate facilities to continue its operation while reconstruction or replacement is being completed at a rental rate not 32 to exceed that provided for in this Agreement for comparable space. C. In the event the City elects to not reconstruct or replace the affected Signatory Airline's Leased Premises, the City shall meet and consult with Signatory Airline on ways and means to permanently provide Signatory Airline with adequate replacement space for the Signatory Airline's affected Leased Premises. In such event, the City agrees to amend this Agreement to reflect related additions and deletions to Signatory Airline's Leased Premises. Signatory Airline is not bound to accept the replacement space and may terminate this Agreement, as described in Section 10.03.A as above. 10.04 Damage Caused By Signatory Airline. Notwithstanding the provisions of this Article 10, in the event that due to the negligence or willful act or omission of Signatory Airline, its employees, contractors, its agents, or licensees, Signatory Airline's Leased Premises shall be damaged or destroyed by fire, other casualty or otherwise, there shall be no abatement of rentals during the repair or replacement of the Signatory Airline's Leased Premises. To the extent that the costs of repairs exceed the amount of any insurance proceeds payable to City by reason of such damage or destruction, Signatory Airline shall pay the amount of such additional costs to City due and payable upon demand. 10.05 City's Responsibilities. City shall maintain adequate levels of insurance; provided however, that City's obligations to repair, reconstruct, or replace affected premises under the provisions of this Article 10 shall in any event be limited to restoring the affected Signatory Airline's Leased Premises to substantially the same condition that existed at the date of damage or destruction, including any subsequent improvements made by City, and shall further be limited to the extent of insurance proceeds and other funds available to City for such repair, reconstruction, or replacement; provided further, that City shall in no way be responsible for the restoration or replacement of any equipment, furnishings, personal property, real property improvements, signs, or other items installed and/or owned by Signatory Airline in accordance with this Agreement, unless Signatory Airline proves that the damage or destruction is caused by the negligence or willful act or omission of City, its officials, agents, or employees acting within the course or scope of their employment. ARTICLE 11: INDEMNIFICATION AND INSURANCE 11.01 Indemnification. A. Signatory Airline shall indemnify, save, hold harmless, and defend City, its officials, agents and employees, its successors and assigns, individually or collectively, from and against any claim, action, loss, damage, injury, 33 liability, and the cost and expense of whatsoever kind or nature (including, but not limited to, reasonable attorney fees, disbursements, court costs, and expert fees) based upon injury to persons, including death, or damage to property arising out of, resulting from, or incident to Signatory Airline's performance of its obligations under this Agreement, or in conjunction with Signatory Airline's use and occupancy of Signatory Airline's Leased Premises or use of the Airport, unless such injury or damage is occasioned by the sole negligence or willful misconduct of City, its officers, employees, or agents. B. Signatory Airline shall indemnify, save, hold harmless, and defend City, its officials, agents and employees, its successors and assigns, individually or collectively, from and against any claim, action, loss, damage, injury, liability, and the cost and expense of whatsoever kind or nature (including, but not limited to, reasonable attorney fees, disbursements, court costs, and expert fees) and any fines in any way arising from or based upon the violation of any federal, state, or municipal laws, statutes, resolutions, or regulations, including rules or regulations of the City by Signatory Airline, its agents, employees, or successors and assigns in conjunction with Signatory Airline's use and/or occupancy of Signatory Airline's Leased Premises or the Airport unless such injury or damage is occasioned by the sole negligence or willful misconduct of City, its officers, employees, or agents. C. The provisions of this Section 11.01 shall survive the expiration or termination of this Agreement. 11.02 Insurance. A. Without limiting or expanding Signatory Airline's obligation to indemnify City, as provided for in Section 11.01, Signatory Airline shall procure and maintain in force at all times during the Term of this Agreement comprehensive Airport premises liability and aviation insurance to protect against personal injury, bodily injury liability and property damage liability. The limits for Signatory Airlines operating aircraft larger than sixty (60) seats shall be in an aggregate amount of not less than $100,000,000 per occurrence, combined single limit; provided, however, coverage for non-passengers shall be not less than an aggregate amount of $25,000,000 per occurrence. The limits for Signatory Airlines operating aircraft with sixty (60) seats or less shall 34 be in an aggregate amount of not less than $50,000,000 per occurrence, combined single limit; provided, however, coverage for non-passengers shall be not less than an aggregate amount of $25,000,000 per occurrence. In addition, Signatory Airline shall procure and maintain in force during the Term of this Agreement liability insurance applicable to the ownership, maintenance, use or operation of any automobile, mobile equipment or other ground vehicle at the Airport (including owned, non-owned, or hired) in an amount of not less than $5,000,000 per occurrence. B. The aforesaid amounts and types of insurance shall be reviewed from time to time by City and may be adjusted by City if City reasonably determines such adjustments are necessary to protect City's interests. Signatory Airline shall furnish City prior to the Effective Date a certificate or certificates of insurance as evidence that such insurance is in force. City reserves the right to require a certified copy of each certificate upon request. Signatory Airline shall name City as an additional insured on such insurance policy or policies to the extent of the obligations assumed under Section 11.01. Said policies shall be issued by insurance companies of recognized financial responsibility and, in a form and content reasonably satisfactory to City, and shall provide for thirty (30) calendar days advance written notice to City prior to the cancellation of or any adverse material change in such policies and ten (10) calendar days' notice for non-payment of premium. Failure to provide and/or maintain the required insurance coverage as set forth herein is grounds for immediate termination of this Agreement. C. Signatory Airline shall procure and maintain in force during the Term of this Agreement workers' compensation coverage in accordance with state law and employers liability in an amount not less than $1,000,000 each accident and each disease through a licensed insurance company. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to ensure that all workers' compensation obligations incurred by the Signatory Airline will be promptly met. 11.03 Waiver of Subrogation. City and Signatory Airline hereby mutually waive any and all rights of recovery against the other party arising out of damage or destruction of the buildings, Signatory Airline's Leased Premises, or any other property from causes included under any property insurance policies to the extent such damage or destruction is covered by the proceeds of such policies and whether or not such damage or destruction shall have been caused by the parties, their officers, employees or agents, but only to the extent that the insurance policies then in force permit such waiver. All policies of insurance shall contain, to the extent available, this waiver of subrogation provision and the cost of such provision shall be borne by the primary insured. 35 ARTICLE 12: TERMINATION BY CITY 12.01 Events of Default. The events described below shall be deemed events of default by Signatory Airline: A. Upon the occurrence of any one of the following events of default, City may give thirty (30) calendar days written notice as provided in Section 12.03. (1) The appointment of a trustee, custodian, or receiver of all or a substantial portion of Signatory Airline's assets or the subletting of Signatory Airline's Leased Premises without City Council authorization except as permitted under Article 15. (2) The divestiture of Signatory Airline's estate herein by operation of law, by dissolution, or by liquidation. (3) The Signatory Airline shall take the benefit of any present or future insolvency statute, or shall make a general assignment for the benefit of creditors, or shall seek a reorganization or the readjustment of its indebtedness under any law or statute of the United States or of any state thereof. (4) The voluntary discontinuance for a period of at least sixty (60) consecutive days by Signatory Airline of its operations at the Airport unless otherwise approved by City in writing, except when discontinuance is due to fire, earthquake, strike, governmental action, default of the City, or other cause beyond Signatory Airline's control, and except when discontinuance is due to a consented assignment or sublease pursuant to Article 15. (5) The failure to cure a default in the performance of any of the material terms, covenants and conditions required herein within thirty (30) calendar days of receipt of written notice by City to do so; or if by reason of the nature of such default, the same cannot be remedied within thirty (30) calendar days following receipt by Signatory Airline of written demand from City to do so, Signatory Airline fails to commence the remedying of such default within said thirty (30) calendar days following such written notice, or having so commenced, shall fail thereafter to continue as promptly as reasonably practical the curing thereof; provided however, Signatory Airline's performance under this Section 12.01 shall be subject to the provisions of Section 18.25 of this Agreement. Signatory Airline shall have the burden of proof to demonstrate to the City's satisfaction (i) that the 36 default cannot be cured within thirty (30) calendar days, and (ii) that it is proceeding with diligence to cure said default, and that such default will be cured within a reasonable period of time. B. Upon the occurrence of any one of the following events of default, City may immediately issue written notice of default: (1) The failure by Signatory Airline to pay any part of the Rentals, Fees, and Charges, PFCs or any other sum due hereunder and the continued failure to pay said amounts in full within ten (10) calendar days of City's written notice of payments past due. Provided, however, if a dispute arises between City and Signatory Airline with respect to any obligation or alleged obligation of Signatory Airline to make payments to City, payments under protest by Signatory Airline of the amount due shall not waive any of Signatory Airline's rights to contest the validity or amount of such payment. (2) The failure by Signatory Airline to maintain the minimum required insurance coverage as required by Section 11.02; provided, the City shall have the right to immediately suspend Signatory Airline's right to operate at the Airport until Signatory Airline has obtained the minimum required insurance coverage. (3) If any act occurs through the fault or neglect of Signatory Airline which operates to deprive Signatory Airline permanently of the rights, power and privileges necessary for the lawful conduct and operation of its business at the Airport. 12.02 Continuing Responsibilities of Signatory Airline. Notwithstanding the occurrence of any event of default, Signatory Airline shall remain liable to City for all Rentals, Fees, and Charges payable hereunder and for all preceding uncured breaches of any covenant of this Agreement. Furthermore, unless City elects to terminate this Agreement at its sole discretion, Signatory Airline shall remain liable for and promptly pay all Rentals, Fees, and Charges accruing hereunder until termination or expiration of this Agreement as set forth in Article 3 or until this Agreement is terminated by Signatory Airline pursuant to Article 13. 12.03 City's Remedies. Upon the occurrence of any event enumerated in Section 12.01.A, the following remedies shall be available to City: A. City may exercise any remedy provided by law or in equity including, but not limited to, the remedies hereinafter specified. 37 B. City may terminate this Agreement, effective upon the date specified in the notice of termination. For events enumerated in Section 12.01.A, such date shall be not less than thirty (30) calendar days from said date of receipt of notice. Upon such date, Signatory Airline shall be deemed to have no further rights hereunder and City shall have the right to take immediate possession of Signatory Airline's Leased Premises. C. City may reenter Signatory Airline's Leased Premises and may remove all of Signatory Airline's persons and property from same upon the date of reentry specified in City's written notice of reentry to Signatory Airline. For events enumerated in Section 12.01.A., reentry shall be not less than thirty (30) calendar days from the date of notice of reentry. D. City may re-let Signatory Airline's Leased Premises and any improvements thereon, or any part thereof, at such lease rates and upon such other terms and conditions as City, in its sole discretion, may deem advisable, with the right to make alterations, repairs of improvements on Signatory Airline's Leased Premises. In re-letting Signatory Airline's Leased Premises, City shall be obligated to make a good faith effort to obtain terms no less favorable to City than those contained herein and otherwise seek to mitigate any damages it may suffer as a result of Signatory Airline's event of default. E. In the event that City relets Signatory Airline's Leased Premises, Rentals, Fees, and Charges received by City from such re-letting shall be applied in the following order of priority: (i) to the payment of any indebtedness other than Rentals, Fees, and Charges due hereunder from Signatory Airline to City; (ii) to the payment of any cost of such re-letting; and (iii) to the payment of Rentals, Fees, and Charges due and unpaid hereunder. The residue, if any, shall be held by City and applied in payment of future Rentals, Fees, and Charges as the same may become due and payable. If that portion of such Rentals, Fees, and Charges received from such re-letting and applied to the payment of Rentals, Fees, and Charges is less than the Rentals, Fees and Charges payable during applicable periods by Signatory Airline, then Signatory Airline shall pay such deficiency to City. Signatory Airline shall also pay to City, as soon as ascertained, any costs and expenses incurred by City in such re-letting not covered by the Rentals, Fees, and Charges received from such re-letting. F. Signatory Airline shall pay to City all other costs, incurred by City in the exercise of any remedy in this Article 12 including, but not limited to, reasonable attorneys' fees, disbursements, court costs, and expert fees. 38 ARTICLE 13: TERMINATION BY AIRLINE 13.01 Events of Default. The events described below shall be deemed events of default by City: A. City fails to keep, perform or observe any material term, covenant or condition herein contained to be kept, performed, or observed by City and such failure continues for thirty (30) calendar days after receipt of written notice from Signatory Airline; or, if by its nature such default cannot be cured within such thirty (30) calendar day period, City shall not commence to cure or remove such default within said thirty (30) calendar days and to cure or remove the same as promptly as reasonably practicable; provided, however, City's performance under this Section shall be subject to the provisions of Section 18.25 of this Agreement. B. Airport is closed to flights in general for reasons other than weather, acts of God, or other reasons beyond City's control, or to the flights of Signatory Airline for reasons other than those circumstances within Signatory Airline's control, and Airport fails to be reopened to such flights within sixty (60) consecutive days from such closure. C. The Airport is permanently closed as an air carrier airport by act of any federal, state, or local government agency having competent jurisdiction; or Signatory Airline is unable to use Airport for a period of at least ninety (90) consecutive days due to any law, order, rule or regulation of any governmental authority having jurisdiction over the operations of the Airport; or any court of competent jurisdiction issues an injunction preventing City or Signatory Airline from using Airport for airport purposes, for reasons other than those circumstances within City's or Signatory Airline's control, and such injunction remains in force for a period of at least ninety (90) consecutive days. D. The United States Government or any authorized agency of the same (by executive order or otherwise) assumes the operation, control or use of the Airport in such a manner as to substantially restrict Signatory Airline from conducting its operations, if such restriction remains in force for a period of sixty (60) consecutive days or more. 13.02 Signatory Airline's Remedy. Signatory Airline termination, due to events of default under the provisions of Section 13.01, shall not be effective unless and until at least thirty (30) calendar days, or such longer period as provided in Section 13.01, have elapsed after written notice to the City specifying the date upon which such termination shall take effect and the reason for such termination. In the event of termination, Signatory Airline shall surrender the Signatory Airline's Leased Premises in accordance with Article 14 hereof. 39 ARTICLE 14: SURRENDER OF AIRLINE PREMISES 14.01 Surrender and Delivery. Upon termination of this Agreement, Signatory Airline shall promptly and peaceably surrender to City Signatory Airline's Leased Premises and all improvements thereon to which City is entitled in good and fit condition, reasonable wear and tear excepted; provided, however, nothing in this section shall be construed to modify the obligations of the parties that accrued prior to the date of termination of this Agreement. 14.02 Removal of Property. Signatory Airline shall have the right at any time during the Term of this Agreement to remove from the Airport its aircraft, tools, equipment, trade fixtures, and other personal property, title to which shall remain in Signatory Airline unless otherwise set forth in this Agreement, and shall remove such aircraft, tools, equipment, trade fixtures, and other personal property within thirty (30) calendar days following termination of this Agreement, whether by expiration of time or otherwise, as provided herein, subject to any valid lien which City may have thereon for unpaid Rentals, Fees, and Charges. Notwithstanding anything to the contrary contained herein, City hereby waives any statutory or contractual lien it may now have or hereafter have with respect to Signatory Airline's aircraft. Signatory Airline shall not abandon any portion of its property at the Airport without the written consent of City. Any and all property not removed by Signatory Airline within thirty (30) calendar days following the date of termination of this Agreement shall, at the option of the City, (i) become the property of the City at no cost to the City; (ii) be stored by the City, at no cost to the City; or(iii) be sold at public or private sale at no cost to the City. All of Signatory Airline's personal property located on Signatory Airline's Leased Premises is at the risk of Signatory Airline only, and the City is not liable for damage to said personal property in, at or on Signatory Airline's Leased Premises or to Signatory Airline. Except as may be agreed to otherwise by the City and Signatory Airline, all City property damaged by or as a result of the removal of Signatory Airline's property shall be restored by Signatory Airline to the condition existing before such damage, less reasonable wear and tear, at Signatory Airline's expense. ARTICLE 15: ASSIGNMENT AND SUBLETTING AGREEMENTS 15.01 Assignment and Subletting by Signatory Airline. A. Except for an assignment to a parent or subsidiary, which is hereby authorized, Signatory Airline may not at any time assign, transfer, convey, sublet, mortgage, pledge, or encumber its interest under this Agreement or any part of Signatory Airline's Leased Premises to any party including Affiliate Airlines without the prior written consent of the City, which consent will not be 40 unreasonably withheld. The above prohibition does not apply with respect to any company with which Signatory Airline may merge or consolidate, or which may acquire substantially all of Signatory Airline's assets. In the event that Signatory Airline shall, directly or indirectly, assign, sell, hypothecate or otherwise transfer this Agreement, or any portion of Signatory Airline's Leased Premises, without the prior written consent of the City except as allowed above, the City, in its sole discretion may terminate this Agreement. B. Signatory Airline shall not sublease Signatory Airline's Leased Premises without the prior written consent of City, which consent may be withheld if City has substantially similar space available, but unleased, or if City can make such space available for lease within a reasonable time. Use of Signatory Airline's Exclusive Use Premises or Preferential Use Premises or any part thereof, by anyone other than Signatory Airline or an Air Transportation Company being handled by Signatory Airline shall be deemed a sublease. C. Signatory Airline shall include with its request for consent to assign or sublease, a copy of the proposed assignment or sublease agreement, if prepared. In the event such proposed agreement has not been prepared, a written summary of the material terms and conditions to be contained in such agreement shall be included with Signatory Airline's request for consent by the City. The assignment or sublease agreement or written summary submitted with Signatory Airline's request shall include the following information: (i) the term; (ii) the area or space to be assigned or subleased; (iii) the sublease rentals to be charged; and (iv) the provision that assignee or sublessee must execute a separate Operating Agreement with City. Any other information reasonably requested by City pertaining to said sublease or assignment shall be promptly provided by Signatory Airline. A fully executed copy of such sublease or assignment shall be submitted to City for final consent before occupancy of Signatory Airline's Leased Premises, or any portion thereof, by the assignee or sublessee. D. In the event the Rentals, Fees, and Charges for subleased premises exceed the Rentals, Fees, and Charges payable by Signatory Airline for said premises pursuant to this Agreement, Signatory Airline shall pay to City the excess of the Rentals, Fees, and Charges received from the sublessee over that specified to be paid by Signatory Airline herein; provided however, Signatory Airline may charge a reasonable fee for administrative costs, not to exceed fifteen percent (15%) of the specified sublease rental, and such fee shall not be considered part of excess Rentals, Fees, and Charges. Signatory Airline may also charge a reasonable fee to others for the use of Signatory Airline's capital equipment and to charge for use of utilities and 41 other services being paid for by Signatory Airline. E. Nothing in this Article 15 shall be construed to release Signatory Airline from its obligations under this Agreement including, but not limited to, the payment of Rentals, Fees, and Charges provided herein. ARTICLE 16: AVAILABILITY OF ADEQUATE FACILITIES 16.01 Declaration of Intent. The parties acknowledge the objective of the City to offer to all Air Transportation Companies desiring to serve Airport access to the Airport and to provide adequate gate positions and space in the Terminal and Apron Area. Recognizing that physical and financial limitations may preclude timely expansion of the Terminal and Apron Area areas in order to meet the stated requests of Signatory Airline and/or such other Air Transportation Companies for additional facilities, the City hereby states its intent to pursue the objective of achieving an optimum balance in the overall utilization of gate holdrooms, passenger loading bridges and associated Apron Area parking positions. 16.02 Accommodation of Requesting Air Transportation Company. City shall not require Signatory Airline to accommodate a requesting Air Transportation Company if City has unleased gates and facilities which can reasonably accommodate the needs of requesting Air Transportation Company. Signatory Airline shall cooperate with City to accommodate the needs of a requesting Air Transportation Company by permitting such requesting Air Transportation Company to utilize Signatory Airline's Preferential Use Premises (and Air Transportation Company shall remit to Signatory Airline a directly proportionate share of the Rentals, Fees, and Charges attributable to such use of the specific Preferential Use Premises) for the time period necessary to permit passenger loading and unloading operations in conjunction with the scheduled operations of such requesting Air Transportation Company at times when the use of such facilities shall not interfere with Signatory Airline's planned operation. In determining if Signatory Airline shall be required to accommodate a requesting Air Transportation Company, the City shall consider Signatory Airline's capabilities, capacity, and facilities, after taking into account Signatory Airline's own requirements and contractual obligations, the compatibility of requesting Air Transportation Company's proposed operations with those of Signatory Airline, and the need for labor harmony. Prior to any accommodated Air Transportation Company being permitted to use Signatory Airline's Preferential Use Premises, City shall require such accommodated Air Transportation Company to indemnify City and Signatory Airline and its officers, directors, employees and agents against any claims, damages, injuries and costs (including reasonable attorneys' fees) arising from the acts or omissions of the accommodated Air Transportation Company, its officers, directors, employees and agents and deliver to City and Signatory Airline reasonably satisfactory evidence of insurance coverage, which insurance shall provide the coverages (including amounts) as 42 are required of Signatory Airline under this Agreement and name City and Signatory Airline as an additional insured party. 16.03 Relocation of Signatory Airline. With regard to Signatory Airline's Exclusive Use Premises and Preferential Use Premises, the City reserves the right to relocate Signatory Airline (i) after the City has obtained adequate funding to pay the reasonable costs of same, (ii) following consultation with Signatory Airline, and (iii) upon not less than sixty (60) days' prior written notice to Signatory Airline, in order to maintain the most efficient use of the Terminal as reasonably determined by the Director. In implementing any relocation, the City shall minimize disruptions to Signatory Airline's operations and shall use commercially reasonable efforts to provide Signatory Airline with replacement space that is comparable to that which is to be vacated and to coordinate any such relocation with Signatory Airline. In the event that such a relocation request is made by the City, the City shall fund the reasonable costs of such relocation, including the costs of any improvements needed to the replacement space to match those in the vacated space, and Signatory Airline shall not be required to pay a greater total rental amount for the relocated space. ARTICLE 17: GOVERNMENT INCLUSION 17.01 Government Agreements. This Agreement shall be subordinate to the provisions of any existing or future agreements between City and the United States Government or other governmental authority, relative to the operation or maintenance of the Airport, the execution of which has been or will be required as a condition precedent to the granting of federal or other governmental funds for the development of the Airport, to the extent that the provisions of any such existing or future agreements are generally required by the United States or other governmental authority of other airports receiving such funds. City agrees to provide Signatory Airline written advance notice of any provisions which would adversely modify the material terms of this Agreement. 17.02 Federal Government's Emergency Clause. All provisions of this Agreement shall be subordinate to the rights of the United States of America to operate the Airport or any part thereof during time of war or national emergency. Such rights shall supersede any provisions of this Agreement inconsistent with the operations of the Airport by the United States of America. 17.03 Nondiscrimination A. Signatory Airline for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby agree as a covenant running with the land that (i) no person on the grounds of race, creed, color, national origin, or sex shall be 43 excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of Signatory Airline's Leased Premises, (ii) in the construction of any improvements on, over, or under Signatory Airline's Leased Premises and the furnishing of services thereon, no person on the grounds of race, creed, color, national origin, or sex shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination; and (iii) Signatory Airline shall use Signatory Airline's Leased Premises in compliance with all other requirements imposed by or pursuant to 14 CFR Part 152, Subpart E Non-Discrimination in Airport Aid Program, Title VI of the Civil Rights Act of 1964, and 49 CFR, Subtitle A, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as titles and regulations may be amended. B. Signatory Airline acknowledges that the provisions of 49 CFR, Part 23, Disadvantaged Business Enterprises ("DBE"), as said regulations may be amended, and such other similar regulations as may be enacted, may be applicable to the activities of Signatory Airline under the terms of this Agreement, unless exempted by said regulations, and hereby agrees to comply with the FAA and the U.S. Department of Transportation in reference thereto. These regulations may include, but not be limited to, compliance with DBE participation goals, the keeping of certain records of good faith compliance efforts which would be subject to review by the various agencies, the submission of various reports and, if so directed, the contracting of specified percentages of goods and services contracts to Disadvantaged Business Enterprises. C. In the event of breach of any of the above nondiscrimination covenants, City shall have the right to terminate this Agreement after such action as the United States Government may direct to enforce this covenant has been followed and completed, including exercise or expiration of appeal rights. 17.04 Security Signatory Airline must comply with, and require compliance by its assignees and sublessees, if any, and both its and their respective contractors, suppliers of materials and furnishers of services, employees, agents, and business invitees, with all present, amended, and future laws, rules, regulations, and ordinances promulgated by the City, the Airport Security Plan ("ASP"), the FAA, Transportation Security Administration ("TSA") or other governmental agencies to protect the security and integrity of the Secured Area ("SA"),the Air Operations Area ("AOA"), and the Security Identification Display Area ("SIDA"), as defined by the City, the FAA, and TSA, and to protect against access to the SA, AOA, and SIDA by unauthorized persons. Subject to the approval of the Director, Signatory Airline must adopt procedures to control and limit access to the SA, AOA, and SIDA by Signatory Airline, its assignees and sublessees, and its and their respective agents, contractors, suppliers of materials and furnishers of services, employees, and business invitees in accordance with 44 all present and future ASP, FAA, and TSA laws, rules, regulations, and ordinances. Signatory Airline further agrees to indemnify, hold harmless, and defend the City, its officers, agents, and employees against the risk of legal liability for death, injury, or damage to persons or property, or fees and expenses, direct or consequential, arising from entry of the SA or SIDA permitted, allowed or otherwise made possible by Signatory Airline, its sublessees or its or their respective agents, contractors, suppliers of materials and furnishers of services, employees, business invitees, agents, or any person under the direction of Signatory Airline, which entry violates the City, ASP, FAA, or TSA laws, rules, regulations, or ordinances or Signatory Airline's Director-approved procedures for controlling access to the SA or SIDA as provided hereinabove. Signatory Airline must obtain employee identification badges for all personnel authorized by Signatory Airline to have access to the SA, AOA, and SIDA in accordance with the provisions of Federal Aviation Regulations, 49 CFR Part 1542, and other laws, rules, regulations and ordinances. Signatory Airline must pay all fines associated with security breaches/infractions by Signatory Airline and its sublessees and its and their respective agents, officers, business invitees, and employee in the SA, AOA, and SIDA, regardless of whether the fine is assessed to the City, Airport or Signatory Airline and/or its sublessees, and its or their respective agents, officers, business invitees, or employees; however, Signatory Airline may contest such fine in accordance with administrative procedures of the agency issuing the fine. ARTICLE 18: GENERAL PROVISIONS 18.01 Subordination to Master Bond Ordinance A. This Agreement and all rights granted to Signatory Airline hereunder are expressly subordinated and subject to the lien and provisions of the pledges, transfer, hypothecation, and assignments made by City in the Master Bond Ordinance. City and Signatory Airline agree that, to the extent required by the Master Bond Ordinance or law, the holders of the Bonds or their designated representatives shall have the right to exercise any and all rights of City hereunder. B. City shall notify Signatory Airline in advance of any amendments or supplements to the Master Bond Ordinance that would materially alter the terms and provisions of this Agreement. City and Signatory Airline shall use their "commercially reasonable" efforts to agree on the implementation of any such material amendments or supplements desired solely by City for its own purposes. If such material alteration will negatively impact financial or operational rights granted herein, then either party may immediately terminate this Agreement. 45 C. With respect to property leased by the City to Signatory Airline hereunder which was or is to be acquired by the City with proceeds of Bonds, the interest on which is, or is intended to be, excludable from the gross income of the holders of such Bonds for federal income tax purposes, the parties hereby covenant to use "commercially reasonable" efforts to protect the tax-exempt status of the Bonds. 18.02 Non-waiver. No waiver of default by either party of any of the terms, covenants, or conditions of this Agreement to be performed, kept and observed by the other party shall be construed to be or act as a waiver of any subsequent default of any of the terms, covenants and conditions to be performed, kept and observed by the other party and shall not be deemed a waiver of any right on the part of the other party to terminate this Agreement as provided herein. 18.03 Rights Non-Exclusive. Notwithstanding anything herein contained that may be or appear to the contrary, the rights, privileges and licenses granted under this Agreement, except Exclusive Use Premises, are "non-exclusive" and the City reserves the right to grant similar privileges to others. 18.04 Quiet Enioyment. A. City agrees that, so long as Signatory Airline's payment of Rentals, Fees, and Charges is timely and Signatory Airline keeps all covenants and agreements contained herein, Signatory Airline shall peaceably have and enjoy Signatory Airline's Leased Premises and all rights, privileges and licenses of the Airport, its appurtenances and facilities granted herein, subject to the terms and conditions herein contained. B. Consistent with the nature of Signatory Airline's business, Signatory Airline agrees that occupancy of Signatory Airline's Leased Premises will be lawful and quiet and that it will not knowingly use or permit the use of Signatory Airline's Leased Premises in any way that would violate the terms of this Agreement, create a nuisance, or disturb other tenants or the general public. Signatory Airline shall be responsible for the activity of its officers, employees, agents, and others under its control with respect to this provision. 18.05 Performance. The parties expressly agree that time is of the essence in this Agreement. Failure by a party to complete performance within the time specified, or within a reasonable time if no time is specified herein, shall relieve the other party, without liability, of any obligation to accept such performance. 18.06 Avigation Rights. The City reserves unto itself, its successors, and assigns for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the 46 Airport, including Signatory Airline's Leased Premises, for navigation or flight in the said airspace for landing on, taking off from, or operating at the Airport. 18.07 Rules and Regulations. A. Signatory Airline, its officers, employees, agents and others under its control shall observe and obey all laws, rules, regulations, ordinances, and orders of the federal, state, county and municipal governments which may be applicable to Signatory Airline's operations at the Airport. B. The City may from time to time adopt, amend or revise reasonable and non-discriminatory rules, regulations and minimum standards for the conduct of operations at the Airport for reasons of safety, health, preservation of the property or for the maintenance of the good and orderly appearance of the Airport. Signatory Airline, its officers, employees, agents, and others under its control shall faithfully comply with and observe such rules, regulations and minimum standards, except as they may conflict with the terms and provisions of this Agreement or the regulations of another governmental authority having appropriate jurisdiction. C. Signatory Airline shall be strictly liable and responsible for obtaining, maintaining current, and fully complying with any and all permits, licenses, and other governmental authorizations, however designated, as may be required at any time throughout the entire Term of this Agreement by any federal, state, or local governmental entity or any court of law having jurisdiction over Signatory Airline or Signatory Airline's operations and activities at the Airport. 18.08 Inspection. Signatory Airline shall allow the City's authorized representatives access to Signatory Airline's Leased Premises for the purpose of examining and inspecting said premises; for purposes necessary, incidental to, or connected with the performance of its obligations under this Agreement; or, in the exercise of its governmental functions. Except in the case of an emergency, upon reasonable advance notice, the City shall conduct such inspections during reasonable business hours with reasonable notice and in the presence of Signatory Airline's representative. 18.09 No Individual Liability. No official, officer, agent, director, or employee of the City or Signatory Airline shall be charged personally or held contractually liable by or to the other party under the terms or provisions of this Agreement or because of any breach thereof or because of its or their execution or attempted execution. 18.10 Relationship of Parties. Nothing contained herein shall be deemed or construed by the parties hereto, or by any third party, as creating the relationship of principal and agent, partners, joint 47 venturers, or any other similar such relationship between the parties hereto. It is understood and agreed that neither the method of computation of Rentals, Fees, and Charges, nor any other provisions contained herein, nor any acts of the parties hereto, creates a relationship other than the relationship of landlord and tenant. 18.11 Capacity to Execute. Each of the parties hereto warrants and represents that the execution and delivery of this Agreement by the undersigned representative(s) has been duly authorized by all necessary corporate or municipal action, as applicable. 18.12 Savings. The parties hereto acknowledge that they have thoroughly read this Agreement, including any exhibits or attachments hereto and have sought and received whatever competent advice and counsel was necessary for them to form a full and complete understanding of all rights and obligations herein. The parties further acknowledge that this Agreement is the result of open negotiations between the parties and shall not be construed against the City by reason of the preparation of this Agreement by the City. 18.13 Successors and Assigns Bound. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. 18.14 Incorporation of Exhibits. All exhibits and attachments referred to in this Agreement are intended to be and are hereby specifically made a part of this Agreement. 18.15 Titles. Section titles are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope or extent of any provision of this Agreement. 18.16 Severability. In the event that any covenant, condition or provision of this Agreement is held to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition, or provision shall not materially prejudice either the City or Signatory Airline in their respective rights and obligations contained in the valid covenants, conditions or provisions of this Agreement. 18.17 Amendments. This Agreement constitutes the entire agreement between the parties. Except as provided herein, no amendment, modification or alteration of the terms of this Agreement shall be binding unless the same be in writing, dated subsequent to the date hereof, and executed by the parties. 48 18.18 Most Favored Nations. The City agrees not to enter into any Agreement with any other 14 CFR Part 121 Air Transportation Companies conducting similar operations at the Airport after the Effective Date of this Agreement that contains more favorable terms and conditions, landing fees, rentals or other charges than those provided in this Agreement. Such "similar operations at the Airport" means regularly scheduled commercial airline service that shall be conducted at the Terminal. Notwithstanding the foregoing, the City may offer incentives or discounts consistent with FAA guidelines and/or policies in setting Rentals, Fees, and Charges with any Air Transportation Company. 18.19 Other Agreements. Other than as set forth herein, nothing contained in this Agreement shall be deemed or construed to nullify, restrict or modify in any manner the provisions of any other agreement or contract between City and Signatory Airline authorizing the use of the Airport, its facilities and appurtenances. 18.20 Affiliate Airline. Signatory Airline and any designated Affiliate Airline shall be counted as one airline for the purposes of computing any Joint Use Premises charges, provided the Affiliate Airline has executed an Operating Agreement with City; provided however, that Signatory Airline shall be responsible for the actions and any and all charges (incurred on behalf of Signatory Airline) of(including the payment of any activity fees incurred by) any such designated Affiliate Airline while such designated Affiliate Airline operates at the Airport on behalf of Signatory Airline. Signatory Airline must provide City with a listing in writing of all of Signatory Airline's designated Affiliate Airlines and the relationship each Affiliate Airline has with Signatory Airline (i.e., Signatory Airline is a parent corporation to Affiliate Airline; Signatory Airline is in a partnership/contract with the designated Affiliate Airline, etc.). Signatory Airline shall give City thirty (30) calendar days' written notice of any change to the Affiliate Airline designation and, if such notice request removes the "affiliate" designation from an Air Transportation Company, Signatory Airline will no longer be a guarantor of that former Affiliate Airline. Signatory Airline will use "commercially reasonable" efforts to assist City in having its designated Affiliate Airlines execute an operating agreement with City. 18.21 Approvals A. Whenever this Agreement calls for approval by the City, such approval shall be evidenced by the written approval of the Director. B. Any approval required by either party to this Agreement shall not be unreasonably withheld or delayed. 49 18.22 Notice. A. All notices, requests, consents and approvals served or given under this Agreement shall be served or given by the parties in writing by certified mail. If intended for the City, notices shall be delivered to: Director of Aviation City of Corpus Christi 1000 International Drive Corpus Christi TX 78406 or to such other address as may be designated by the City by written notice to Signatory Airline as stipulated above. B. Notices to Signatory Airline shall be delivered in the manner set out above to: American Airlines, Inc. Attn: Airport Affairs, VP CRE 4333 Amon Carter Blvd. MD 5317 Fort Worth, TX 76155 or to such other address as may be designated by Signatory Airline by written notice to the City as stipulated above. 18.23 Agent For Service. It is expressly understood and agreed that if Signatory Airline is not a resident of the state of Texas, is an association or partnership without a member or partner resident of said state, or is a foreign corporation not licensed to do business in Texas, then, in any such event, Signatory Airline shall appoint an agent for the purpose of service of process in any court action between it and the City arising out of or based upon this Agreement. Signatory Airline shall immediately notify the City, in writing, of the name and address of said agent. Such service shall be made as provided by the laws of the state of Texas for service upon a non-resident engaging in business in the state. It is further expressly agreed, covenanted and stipulated that, if for any reason, such service of process is not possible, as an alternative method of service of process, Signatory Airline may be personally served out of the state of Texas by the certified mailing of such service at the address set forth in Section 18.22. 50 18.24 Governing Law. This Agreement is to be read and construed in accordance with the laws of the state of Texas. The parties agree that any court of proper jurisdiction presiding in Nueces County, Texas, shall be the forum for any actions brought hereunder. 18.25 Force Majeure. Except as herein provided, neither the City nor Signatory Airline shall be deemed to be in default hereunder if either party is prevented from performing any of the obligations, other than the payment of Rentals, Fees and Charges hereunder, by reason of strikes, boycotts, labor disputes, embargoes, shortages of energy or materials, acts of God, acts of the public enemy, weather conditions, riots, rebellion, war, acts of terrorism, or sabotage, or any other circumstances for which it is not responsible or which are not within its control. 18.26 Entire Agreement. It is understood and agreed that this instrument contains the entire agreement between the parties. It is further understood and agreed by Signatory Airline and the City that the City, the City's agents, Signatory Airline and Signatory Airline's agents have made no representations or promises with respect to this Agreement or the making or entry into this Agreement except as expressly set forth and neither party shall be liable by reason of the breach of any representations or promises not expressly stated in this Agreement. Any other written or verbal agreement is expressly waived by Signatory Airline and the City. ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary Keith Selman, Interim City Manager 51 APPROVED AS TO LEGAL FORM THIS DAY OF 12018. Elizabeth Hundley, Assistant City Attorney For Miles Risley, City Attorney AIRLINE By: I Name: hrist eh J. Collison Direr al state Title: Date: I 52 co LO EZ 0 PO 0 cn ug W gig ill 4K, 44C VIM] Ail LL 1111111 1 1 111:111 MEN 1024 29'-7" T',G:iT 1C83e 11£SI 10:0 F'JALi APA.114E MO #1 103? I EXHIBIT B LEASED SPACE AMERICAN EAGLE AIRLINE CORPUS CHRISTI INTERNATIONAL AIRPORT 2017 AIRLINE LEASE AGREEMENT NOTE: ALL MEASUREMENTS TO DETERMINE THE AREA OF EXCLUSIVE SPACE LEASED SHALL BE FROM THE INTERIOR OF THE EXTERNAL WALLS AND FROM THE CENTERLINE TO CENTERLINE OF EACH INTERIOR WALL , OR, IN THE ABSENCE OF INTERIOR WALLS, THE POINT OF SAID CENTERLINE WOULD BE LOCATED IF SUCH INTERIOR WALL EXISTED. ATO 1 TICKETING QUEUENG TOTAL AREA = 1 ,104.22 295.83 350.72 ,750.77 SqFt. Corpus Christi International Airport $11' TICP:EITIO 1035 TUT. 11011016 12 1037 SCU TN'MS T.A;RU1iES ATO m rz� fl FUTURE AIRUIC ATO �2 11o381 1. AMERICAN KEY MAP prepared by: COELINOrr Approved by: Date: VCONZALEZ OCT - 2017 Prot. Name: 2017_t GASE_ACRfEME`:TS 54 Corpus Christi International Airport AMERICAN TICKET COUNTER 1(6 POSITIONS) O BAGGAGE BELT j v � i AMERICAN ATO 1,104.22 TICKETING 295.83 QUEUEING 350.72 TOTAL AREA= 1,750.77 SgFt 29 ' - 7" EXHIBIT B2 LEASED SPACE AMERICAN EAGLE AIRLINE KEY MAP CORPUS CHRISTI INTERNATIONAL AIRPORT 2017 AIRLINE LEASE AGREEMENT I L/AMFAICAN NOTE:ALL MEASUREMENTS TO DETERMINE THE AREA OF EXCLUSIVE SPACE LEASED SHALL Prepared by BE FROM THE INTERIOR OF THE EXTERNAL Ct3[LINOIr WALLS AND FROM THE CENTERLINE TOYa~�� Approved by CENTERLINE OF EACH INTERIOR WALL,OR. VCONIZALEZ IN THE ABSENCE OF INTERIOR WALLS.THE Date POINT OF SAID CENTERLINE WOULD BE OCT-2017 LOCATED IF SUCH INTERIOR WALL EXISTED. 3im Pro)Nam,, 2017-LEASE-AGREEMENTS 55 Corpus Christi International Airport - O I I > :1 T TTob . - o EXHIBIT B3 LEASED SPACE AMERICAN OPS AREA KEY MAP CORPUS CHRISTI INTERNATIONAL AIRPORT 2017 AIRLINE LEASE AGREEMENT MERE w NOTE:ALL MEASUREMENTS TO DETERMINE THE AREA OF EXCLUSIVE SPACE LEASED SHALL Neparedby: BE FROM THE INTERIOR OF THE EXTERNAL CGELINOIr WALLS AND FROM THE CENTERLINE TO Approved by: CENTERLINE OF EACH INTERIOR WALL,OR, iii-y' VGO�:ZALEZ Ca -:r ' � IN THE ABSENCE OF INTERIOR WALLS,THE � �., �� Date: POINT OF SAID CENTERLINE WOULD BEw*�p^'®�� OCT-2017 LOCATED IF SUCH INTERIOR WALL EXISTED. Roj.Name: 2017J.-EASEJAGREEMENTS 3im 56 Corpus Christi International Airport I I 26'-11" - �o � I D 29'-5" AMERICAN CID Da HOLDROOM n 2091 I 2,064.30 SgFt. I o _ M I I I EXHIBIT B4 LEASED SPACE AMERICAN HOLDROOM CORPUS CHRISTI INTERNATIONAL AIRPORT 2017 AIRLINE LEASE AGREEMENT KEY MAP NOTE:ALL MEASUREMENTS TO DETERMINE THE AREA OF EXCLUSIVE SPACE LEASED SHALL BE FROM THE INTERIOR OF THE EXTERNAL AVERICAN WALLS AND FROM THE CENTERLINE TO CENTERLINE OF EACH INTERIOR WALL,OR. Prepared by IN THE ABSENCE OF INTERIOR WALLS,THE COI:UNCIR POINT OF SAID CENTERLINE WOULD BE � Approved by LOCATED IF SUCH INTERIOR WALL EXISTED. € Ma VCONWALE7. Date OCT-2017 Ptcj Nd mo 2017 LEASE AGREEMENTS 57 Corpus Christi International Airport — ER 37 - Iii'Ll 1_11� EC-11 C EXHIBIT B5 LEASED SPACE SECURITY CHECKPOINT SECURITY CHECKPOINT TOTAL FLOOR AREA=3,271 SF CORPUS CHRISTI KEv MAP INTERNATIONAL AIRPORT 2017 AIRLINE LEASE AGREEMENT SECURITY CHECKPOINT NOTE:ALL MEASUREMENTS TO DETERMINE THE AREA OF EXCLUSIVE SPACE LEASED SHALL BE FROM THE INTERIOR OF THE EXTERNAL Prepared by: YVALLS AND FROM THE CENTERLINE TO COELIN01t CENTERLINE OF EACH INTERIOR WALL,OR. Approved by- IN THE ABSENCE OF INTERIOR WALLS,THE VGONZALEZ POINT OF SAID CENTERLINE WOULD BE Date OCT-2017 LOCATED If:SUCH INTERIOR WALL EXISTED. Prot Name 2017-LEASE-AGREEMENTS 58 107'-4" BAGGAGE CLAIM 4102.31 SF 0 0 0 BAGGAGE BREAK -DOWN 1900.22 SF 115-9" 1 Corpus Christi International Airport ri EXHIBIT B6 LEASED SPACE BAGGAGE CLAIM AREA CORPUS CHRISTI INTERNATIONAL AIRPORT 2017 AIRLINE LEASE AGREEMENT NOTE: ALL MEASUREMENTS TO DETERMINE THE AREA OF EXCLUSIVE SPACE LEASED SHALL BE FROM 111E IN rERIOR OF THE EXTERNAL WALLS AND FROM THE CENTERLINE TO CENTERLINE OF EACH INTERIOR WALL , OR. IN THE ABSENCE OF INTERIOR WALLS. THE POINT OF SAID CENTERLINE WOULD BE LOCATED IF SUCH INTERIOR WALL EXISTED. BAGGAGE BAGGAGE TOTAL FLOOR CLAIM AREA / BREAK -DOWN 4,102.31 SF 1,900.22 SF AREA = 6,002.53 SF KEY MAP d BAGGAGE CLAIM prepared by. CDELINOIi Ap:>rnved t>y VGONZALEZ Date OCT -2017 proj. Narnr• 2017 LEASE AGREEMENTS 59 J GATE 1 26,757.68 S.F. (JJCONTINENTAL TB 30/10,0-3 205'-0" GATE 3A 30,992.82 S.F. L GATE 2 28,036.35 S.F. CONTINENTAL as 43/20.6-2 L GATE 6 Th.,/,...233,880.91233'880.91 S.F. � � GROUND U � @;:01rII�1r[�1F',t�� ``� is 43/245-2N\ AMERI EAGLE /d/ aPRESS JEf ilj Ali loop s 0'7 `i�miiiiiiiiii, GATE 3B 30,898.92 S.F. In GATE 5 31,773.67 S.F. GATE 4 11,741.72 S.F. Corpus Christi International Airport — -- r�ai�iti l' r 'r 7'-0" _ 15' AMERICAN 1 EXTENDED APRON AREA = 2,427 SF 42'-0" 0 of EXHIBIT B7 LEASED APRON SPACE AMERICAN AIRLINES CORPUS CHRISTI INTERNATIONAL AIRPORT 2017AIRLINE LEASE AGREEMENT PREFERENTIAL USE OF APRON POSITIONS POSITION # AIRLINE TYPE OF AIRCRAFT CLIA B2 #3A SOUTHWEST 737 UNITED ATR -72, ATR -42 #38 UNITED MD -80, 737. DC -9 #4 CCIA #5A #58 AMERICAN EAGLE ERJ AMERICAN EAGLE ATR -72 ae CCIA CRJ CC!A Prepared by CBELINOJr Approved by VGONZALEZ Dare: OCT -2017 Pro:. Name: 2017 LEASE AGREEMENTS 60 E ---AMERICAN E. 1 GSE Storage! (AREA = 2,427 SF) UNITED GSE Storage (AREA = 3,818 SF) Corpus Christi International Airport 7//tic /lam/i - '/// -h-l.! 1.1.. L ...k.. ' �.�.-?. _ .�_�.�.�. '! I Tfl Hi L I f i SOUTHWEST GSE Storage (AREA = 3,684 SF) EXHIBIT B8 LEASED APRON SPACE GSE STORAGES CORPUS CHRISTI INTERNATIONAL AIRPORT 2017 AIRLINE LEASE AGREEMENT CC!A Prepared by. COELINOII. Approved by: VCONZALEZ Date: OCT -2017 Pioj Name: 2017 LEASE_AGREEMENTS 61 I I: • 11 7.7 Lsi I.. 1 1� Ca A CORPUS CHRISTI INTERNATIONAL AIRPORT JI EXHIBIT B9 GROUND FLOOR LEVEL TOTAL FLOOR AREA 91,477 SqFt CCIA 25,637.77 SqFt FIS 15,263.54 SqFt PUBLIC COMMON USED 22,115.98 SqFt TSA 4,952.33 SqFt AIRLINES COMMON USED 6,002.53 SqFt AMERICAN AIRLINE 2,198.57 SqFt SOUTHWEST AIRLINE 3,296.50 SqFt UNITED AIRLINE 2,837.71 SqFt FUTURE AIRLINES 6,873.50 SqFt RENTAL CARS 2,298.57 SqFt 62 CC! A CORPUS CHRISTI INTERNATIONAL AIRPORT OPEN FROM ABOVE /j _145-4A ....... 1:)=.7177;1 OPEN FROM ABOVE Tj L. L.... i ---Lr. ,..„J Li ! --tridit," P (--) .__. • -i— ii I - tatiL J] ..:_------) i r EXHIBIT B10 SECOND FLOOR LEVEL TOTAL FLOOR AREA 54,278 SqFt CCIA PUBLIC COMMON USED TSA OPS AIRLINES COMMON USED AIRLINE HOLDROOMS (American, Southwest & United r- CCIA Ground Load /Jet Bridge) FOODS & RETAIL FIS COMMON AREA , 14,744.30 SqFt 17,023.51 SqFt 2,969.00 SqFt 3,271.00 SqFt 9,690.92 SqFt 5,456.10 SqFt 1,123.17 SqFt 63 EXHIBIT C (Reserved) 64 EXHIBIT D DESIGNATION OF RESPONSIBILITIES FOR OPERATION AND MAINTENANCE AIRLINE PREFERENTIAL USE SPACE AIRLINE JOINT USE Ticket Offices & Airline Security Counters and Baggage Operations Baggage Claim Baggage Loading Queue Area Makeup Area & Conveyor Screening Gates Checkpoint Bridges Apron Area 1. Air Conditioning a. Maintenance C C C C C C C C N/A b. Operation C C C C C C C C N/A c. Distribution C C C C C C C N/A N/A 2. Heating a. Maintenance C C C C C C C C N/A b. Operation C C C C C C C C N/A c. Distribution C C C C C C C N/A N/A 3. Lighting a. Bulb & Tube Replacement C A A C C C C C C b. Maintenance C C C C C C C C C 4. Electrical Maintenance C C C C C C C C C 5. Water a. Distribution N/A C C C C N/A N/A C C b. Fixtures N/A A A C C N/A N/A C C 6. Sewage a. Distribution N/A C C C C C N/A N/A N/A b. Fixtures N/A A A C C C N/A N/A N/A 7. Maintenance a. Other than Structure A A A C C C C C N/A b. Structure C C C C C C C C C c. Exterior C C C C C C C C A 8. Custodial Service C A A C C C C C A 9. Window Cleaning a. Exterior N/A C C C C C N/A C N/A b. Interior N/A A A C C C N/A C N/A NOTES: A - AIRLINE, C - CITY, N/A - NOT APPLICABLE. NEW CONSTRUCTION AND DAMAGE REPAIR ARE NOT SUBJECT TO THIS MATRIX AND SHALL BE GUIDED BY THE LEASE DOCUMENT. 65 CCIAMW EXHIBIT E CORPUS CHRISTI INTERNATIONAL AIRPORT MONTHLY STATISTICAL REPORT AIRLINE: ACTIVITY FOR MONTH OF: ACUTAL TOTAL NON TOTAL AIRCRAFT AIRCRAFT NUMBER OF CHARTER LANDING SIGNATORY SIGNATORY LANDING FEE TYPE WEIGHT LANDINGS LANDINGS DIVERSIONS WEIGHT RATE RATE DUE C700 67,000 0 $ E135 40,785 0 $ E140 41,226 0 $ E145 43,651 0 $ AT72-212 47,068 0 $ AT72-212A 49,273 0 $ A319S 0 $ ERJ 41,226 0 $ LRJ 43,651 0 $ SU 40,785 0 $ XRJ 44,092 0 $ 737-500 110,000 0 $ 737-300 114,000 0 $ 737-700 128,000 0 $ 737-800 144,000 0 $ 737-900 146,900 0 $ 757-200 198,000 0 $ 757-300 224,000 0 $ EMB-190 97,000 0 $ CE-208B 8,500 0 $ MD-82 130,000 0 $ MD-83 139,500 0 $ MD-87 128,000 0 $ B 737-400 $ TOTAL TOTAL LANDING LANDINGS 0 WEIGHT 0 Total $ TOTAL SEATS AVAILABLE PER USE NUMBER OF (TURN)FEE PER TURNS RATE Signatory Gate Use Fee $ Signatory RON(Runway Overnight Parking) $ Non-Signatory Per Turn Charge $ Non-Signatory RON $ ENPLANED REV PASSENGERS DEPLANED REV PASSENGERS ENPLANED NON REV PASSENGERS DEPLANED NON REV PASSENGERS TOTAL ENPLANED PASENGERS 0 TOTAL DEPLANED PASENGERS 0 CARGO: MAIL FREIGHT TOTAL DUE TO CRP $ ENPLANED(OUTBOUND) Prepared/Approved by: DEPLANED(INBOUND) TOTAL POUNDS 0 0 Date 66 EXHIBIT F (Reserved) 67 EXHIBIT G (for illustrative purposes only) AVIATION ACTIVITY CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Budget 2017-18 Enplaned Passengers: American 127,300 Southwest 117,473 United 95,965 Charters 2,438 Total 343,176 Aircraft Operations: American 2,219 Southwest 1,346 United 2,012 Charters 38 Total 5,616 Aircraft Landed Weight (1000 -Ib units): American 133,877 Southwest 166,712 United 97,791 Charters 5,266 Total 403,646 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Model - 30 FINAL v2 - Exhibit G.,dex Page 1 of 16 68 7/2/2018 EXHIBIT G (for Illustrative purposes only) CURRENT TERMINAL SPACE (s.f.) CORPUS CHRISTI INTERNATIONAL AIRPORT )Fiscal Years Ending September 30) Budget 2017.18 Torminal Soaca: ATO/Bag Belt: American 1,104 Southwest 1,827 United 1,362 Vacant (Mc1 Tin GO. ATO. Bap &a) 6,874 Total ATO/Bag Belt 11,166 Tick American 296 Southwest 470 United 365 Total Ticketing 1,131 Queuel i American 351 Southwest 581 United 296 Total Queueing 1,227 Oos: American 448 Southwest 419 United 601 Total Ops 1,468 850: American 0 Southwest 0 United 214 Total BSO 214 Ho id room: American Southwest United Vacant/Ground Loading )Gates 1,4,6) Total Holdroom Airline Exclusive/Preferential Space: American Southwest United Vacant 2,064 2,293 2,310 3,023 9,691 4,263 5,590 5,147 9,897 Total Exclusive/Preferential Space [A] 24,897 Airline Joint Use: Baggage Claim Public 4,102 Baggage Claim Tug rive 1,900 Security Checkpoint 4,505 Total Joint Use Space 031 10,507 Total Airline Space [C -A+8] 95,404 LESS: Airline Vacant Space (9,897) Total Airline Leased Span 25,507 Other Terminal Space: Concession 5,456 Rental Car Counters/Offices 2,299 TSA Offices 6,687 Administrative Offices 14,744 Public Common Used 39,139 Other 42,025 Total Other Terminal Space Total Terminal Span [O] 110,351 IE-Ce0] 145,755 Arnounta may not add due to rounding. Source: Airport management records HMI CRP Annan. Motel • 30 SUNS vts EnotrIO slur Papa 2 of16 69 y„„a,a EXHIBIT G (for illustrative purposes only) DEBT SERVICE CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Budget 2017-18 Total [A] $ 631,601 Percent Allocatated: Airfield [B] 59.8% Terminal Building and Area [C] 23.5% Parking and Ground Transportation [D] 8.9% Other [E] 7.8% Total 100.0% By Cost Center: Airfield [F=A*B] $377,545 Terminal Building and Area [G=A*C] 148,615 Parking and Ground Transportation [H=A*D] 56,180 Other [I=A*E] 49,261 Total [J=F+G+H+1] $631,601 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Model - 30 FINAL v2 - Exhibit G.xlsx Page 3 of 16 70 7/2/2018 EXHIBIT G (for illustrative purposes only) OPERATING EXPENSES CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Budget 2017-18 By Category: Personnel $ 3,461,457 Benefits $ 1,594,857 Supplies and Equipment $ 467,530 Contract Services $ 853,541 Utilities $ 636,000 Maintenance and Repairs $ 399,373 Administrative $ 567,631 Insurance $ 331,050 Total [A] $ 8,311,439 Percent Allocatated: Airfield [B] 21.5% Apron [C] 2.4% Terminal Building and Area [D] 45.5% Parking and Ground Transportation [E] 20.2% Aviation [F] 5.1% Non -Aviation [G] 5.2% Total 100.0% By Cost Center: Airfield [H=A*B] $ 1,788,449 Apron [I=A*C] $ 198,717 Terminal Building and Area [J=A*D] $ 3,781,782 Parking and Ground Transportation [K=A*E] $ 1,679,967 Aviation [L=A*F] $ 426,332 Non -Aviation [M=A*G] $ 436,192 Total $ 8,311,439 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Model - 30 FINAL v2 - Exhibit G.xlsx Page 4 of 16 71 7/2/2018 EXHIBIT G (for Illustrative purposes only) CIP FUNDING PLAN (Fiscal Years Ending september 30) Protect Name CORPUS CHRISTI INTERNATIONAL AIRPORT Estimated Funding Sources Year Project Cost Actuals Variance Entitlement Discretionary CFCs Local (non PFCs) Local (PFCs) Other (3rd Party, etc) Rehabilitate Terminal Air Carrier Apron (Taxilane), Area Al, (Construction) 1/1/2017 3,333,333 0 3,333,333 $ - $ 3,000,000 $ - $ 333,333 $ - $ Rehabilitate Terminal Air Carrier Apron (Taxilane), Area A2, (Plans & Specs.) 1/1/2017 361,111 0 361,111 $ 325,000 $ - $ • $ 36,111 $ - $ Rehabilitate East GA Apron, Areas A5, A6 & A7, (Construction) 1/1/2017 3,972,222 0 3,972,222 $ 1,875,000 $ 1,700,000 $ - $ 397,222 $ - $ Rehabilitate East GA Apron, Areas A8 & A9 (Plans & Specs.) 1/1/2017 333,333 0 333,333 $ 300,000 $ - $ • $ 33,333 $ - 5 2016-17 Subtotal $ 7,999,999 $ - $ 7,999,999 $ 2,500,000 $ 4,700,000 $ - $ 800,000 $ $ Rehabilitate Terminal Air Carrier Apron (Taxilane), Area 2 (Construction) 1/1/2018 5,972,222 0 5,972,222 $ 1,375,000 $ 4,000,000 $ - $ 597,222 $ - $ Rehabilitate Terminal Air Carrier Apron (Taxilane), Area 3 (Plans & Specs.) 1/1/2018 361,111 0 361,111 $ 325,000 $ - $ - $ 36,111 $ - $ Rehabilitate East GA Apron, Areas A8 & A9 (Construction) 1/1/2018 4,277,778 0 4,277,778 $ 600,000 $ 3,250,000 $ - $ 427,778 $ - $ Rehabilitate East GA Apron, Area 010 (Plans &Specs.) 1/1/2018 222,222 0 222,222 $ 200,000 $ - $ - $ 22,222 $ - $ 2017-18 Subtotal $ 10,833,333 $ - $ 10,833,333 $ 2,500,000 $ 7,250,000 $ - $ 1,083,333 $ $ Rehabilitate Terminal Air Carrier Apron (Taxilane), Areas 3 (Construction) 1/1/2019 6,333,333 0 6,333,333 $ 1,700,000 $ 4,000,000 $ - $ 633,333 $ - 5 Rehabilitate East GA Apron, Area A10, (Construction) 1/1/2019 2,222,222 0 2,222,222 $ - $ 2,000,000 $ - $ 222,222 $ - $ Improve Terminal Building, Phase I (Building Assessment)//CRP Funded [5250,000] 1/1/2019 0 0 0 $ - $ - $ - $ - 5 - $ CRP's Entitlement Reimbursement [FY -2020//$250,000( 1/1/2019 0 0 0 $ - $ - 5 - $ - 5 - $ Acquire 1500 Gallon ARFF Vehicle 1/1/2019 888,889 0 888,889 $ 800,000 $ - 5 - $ 88,889 5 - $ 2018.19 Subtotal $ 9,444,444 $ - $ 9,444,444 $ 2,500,000 $ 6,000,000 $ - $ 944,444 $ - $ FY-2020//lm prove Terminal Building, Phase 11 (Assessment, Plans & Specs.) 1/1/2020 1,388,889 0 1,388,889 $ 1,250,000 $ - $ - $ 138,889 $ - $ FY-2021//Improve Terminal Building, Phase III (Construction//$10.0M (est.)//CRP Funded] 1/1/2020 4,166,667 0 4,166,667 $ 3,750,000 $ - $ - $ 416,667 $ - $ CRP's Entitlement Reimbursements (FY(s)- 2022, 2023, and 2024) 1/1/2020 8,333,333 0 8,333,333 $ 7,500,000 $ - $ • $ 833,333 $ - $ 2019 • 2024Subtotal $ 13,888,889 $ - $ 13,888,889 $ 12,500,000 $ - $ - $ 1,388,889 $ • $ Total Protect Costs Please Note: ATO May Request Relocation of ASR -11 Due to Line -Of -5k. Problems (RWY 13 End) $ 42,166,665 $ $ 42,166,665 $ 19,999,999 $ 17,949,999 $ - 5 4,216,667 $ $ Note: Amounts may not add due to rounding. Source: Airport management records 2018 CRP Fknancial lAcnfol. SO FINAL v2 EtPudt ?du Page 5 of 16 72 ,nao,e EXHIBIT G (for illustrative purposes only) NON -AIRLINE REVENUE CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Budget 2017-18 Non -Airline Operating Revenue by Cost Center: Airfield: Fuel flowage fees $ 90,065 Security service $ 321,360 Total Airfield [A] $ 411,425 Apron: RON Fees [B1 $ 1,000 Terminal Building and Area: Resale - Electric Power - Term $ 60,000 Airline Janitorial Services $ 40,450 Gift shop concession $ 115,500 Restaurant concession $ 170,268 Automated teller machines $ 12,000 Advertising space concession $ 60,000 Airport Badging Fees $ 36,950 TSA -Check Point Fees $ 87,600 Terminal Space Rental -other $ 500,436 Trash hauling - caterer $ Other revenue $ 1,000 Total Terminal Building and Area [C] $ 1,084,204 Parking and Ground Transportation: Parking lot $ 1,387,586 Premium Covered Parking $ 808,977 Auto rental concession $ 1,433,496 Parking fines -Airport $ - Rent -a -car parking $ 59,760 Rent -a -car Security Fee $ 262,824 Ground transportation $ 69,660 Total Parking & Ground Transportation [D] $ 4,022,303 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Model - 30 FINAL v2 - Exhibit G.xlsx Page 6 of 16 73 7/22018 EXHIBIT G (for Illustrative purposes only) NON -AIRLINE REVENUE (con't) CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Budget 2017-18 Aviation: Fixed based operator revenue $ 534,000 Cargo Facility Rental $ 29,364 Total Aviation [E] $ 563,364 Non -Aviation: Rent - commercial non -aviation $ 72,504 Agricultural leases $ 71,414 Gas and oil sales $ 7,056 Oil and gas leases $ 10,800 Total Non -Aviation [F] $ 161,774 By Cost Center: Airfield [A] $ 411,425 Apron [B] $ 1,000 Terminal Building and Area [C] $ 1,084,204 Parking and Ground Transportation [D] $ 4,022,303 Aviation [E] $ 563,364 Non -Aviation [F] $ 161,774 Total Non -Airline Operating Revenue [G] $ 6,244,070 Non -Operating Revenue: Interest on investments $ 16,800 Tenant Maintenance Services $ Net Inc/Dec in Fair Value of Investment $ - Sale of scrap/city property $ 3,250 Purchase discounts $ 3,000 Total Non -Operating Revenue [H] $ 23,050 Total Non -Airline Revenue [I=G+H] $ 6,267,120 Interfund Contributions: Interdepartmental Services [1] $ 48,000 Transfer from other Fund [K] $ 22,806 Total Non -Airline Revenue and Interdepartmental Contributions [L=I+J+K] $ 6,337,926 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Modal - 30 FINAL v2 - Exhibit G.xlsx Page 7 of 16 EXHIBIT G (for illustrative purposes only) LANDING FEE AND REVENUE CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Budget 2017-18 Airfield Requirement: Operating Expenses $ 1,788,449 Debt Service $ 377,545 Capital Outlay Total Requirement [A] $ 2,165,994 Adjustments: Apron Credit $ GSE Storage Credit $ 16,131 Net Airfield Requirement: $ 2,149,864 Required Landing Fee (no subsidy applied) $ 5.33 Airfield Credits: Non -Signatory Airline Landing Fees $ Non -Airline Revenue $ 411,425 Total Airfield Credits [B] $ 411,425 Net Airfield Requirement (airfield credits applied) [C=A -B] $ 1,738,439 Landed Weight (1000 -Ib units): [D] 403,646 Landing Fee Rate (without addl subsidy applied) [E=C/D] $ 4.31 Discretionary Revenue Applied [F] $ 533,152 Net Airfield Requirement [G=C -F] $ 1,205,286 Revised Landing Fee Rate [H=G/D] $ 2.99 Total Landing Fee Requirement [I=D*H] $ 1,205,286 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Model - 30 FINAL v2 - Exhibit G.xlsx Page 8 of 16 75 7,2/2018 EXHIBIT G (for illustrative purposes only) AIRCRAFT PARKING APRON AREA AT TERMINAL (s.f.) CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Year Ending September 30) Budget 2017-18 Apron Requirement: Operating Expenses $ 198,717 Debt Service $ - Capital Outlay Total Requirement [A] $ 198,717 Apron Credits: RON Fees [B] $ 1,000 Net Apron Requirement [C=A -B] $ 197,717 Preferential Use Apron Area Leased [D] 121,702 Apron Fee (per s.f.) [E=C/D] $ 1.62 Total Apron Fee Revenue [F=D*E] $ 197,717 Apron Revenue: American $ 51,619 Southwest $ 45,548 United $ 100,549 Total Apron Fee Revenue by Carrier $ 197,717 Amounts may not add due to rounding. Source: Airport Management records. 2018 CRP Financial Model - 30 FINAL v2 - Exhibit G.xlsx Page 9 of 16 76 7/212018 EXHIBIT G (for illustrative purposes only) GSE STORAGE AREA CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Budget 2017-18 Airline Rented (sf): American [A] 2,427 Southwest [B] 3,684 United [C] 3,818 Total S.F. Airline Rented 9,929 GSE Rate [D] $1.62 Airline GSE Revenue: American [E=A*D] $ 3,943 Southwest [F=B*D] $ 5,985 United [G=C*D] $ 6,203 Total GSE Revenue $ 16,131 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Model - 30 FINAL v2 - Exhibit G.xlsx Page 10 of 16 77 7/2/2018 EXHIBIT G (for illustrative purposes only) TERMINAL RENTAL RATE AND REVENUE CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Budget 2017-18 Terminal Requirement: Operating Expenses $ 3,781,782 Debt Service $ 148,615 Capital Outlay Apron Allocation $ Total Terminal Requirement Required Terminal Rate (no subsidy applied) [A] $ 3,930,396 $ 154.09 Terminal Credits: Non -Airline Revenue $ 1,084,204 Gate Fee Revenue $ 43,410 Federal Inspection Services $ - Total Terminal Credits [B] $ 1,127,614 Total Airline Terminal Requirement (no Subsidy) [C=A -B] $ 2,802,782 Airline Leased Premises [D] 25,507 Terminal Rate (terminal credits applied/no addl subsidy) [E=C/D) $ 109.88 Gross Airline Terminal Revenue (no Subsidy) $ 2,802,782 Discretionary Revenue Applied Net Airline Terminal Revenue Effective Terminal Rate (with addl subsidy applied) Exclusive/Preferential Airline Rented Space Joint Use Space Terminal Revenue: Exclusive/Preferential Space Joint Use Space Total Terminal Revenue [F] $ 533,469 [G=C -F] $ 2,269,314 [H=G/D] $ 88.97 [I] 15,000 [J] 10,507 25,507 [K=H'I] $ 1,334,532 [L=H'1] $ 934,782 [M=K+L] $ 2,269,314 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Model - 30 FINAL v2 - Exhibit G.xlox Page 11 of 16 78 7/30018 EXHIBIT G (for illustrative purposes only) GATE USE FEE CALCULATION CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Budget 2017-18 Total Gate Use Fee Requirement Effective Terminal Rate (with addl subsidy applied) [A] $ 88.97 Holdroom Space (sf) [B] 9,691 Total Holdroom Requirement [C=A*B] $ 862,177 Apron Requirement [D] $ 197,717 Total Gate Use Fee Requirement [E=C+D] $ 1,059,894 Total Annual Commercial Passenger Operations Average Signatory Gate Use Fee Per Operation Average Non -Signatory Gate Use Fee Per Operation All Gate Signatory Operations All Gate Non -Signatory Operations All Gate Signatory Revenues All Gate Non -Signatory Revenues Total Gate Revenues [F] 5,616 [G=E/F] $ 188.74 [H] $ 235.92 [I] 200 [J] 24 [K= G*I] $ 37,748 [L=H*J] $ 5,662 [M=K+L] $ 43,410 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Model - 30 FINAL v2 - Exhibit G.xlsx Page 12 of 16 79 7/22018 EXHIBIT G (for illustrative purposes only) CORPUS CHRISTI INTERNATIONAL AIRPORT CALCULATION OF NET REVENUE AVAILABLE TO SHARE (Fiscal Years Ending September 30) Budget 2017-18 Revenue: Net Landing Fee Revenue (before subsidy) $ 1,738,439 Apron Fee Revenue 197,717 GSE Storage Fee Revenue 16,131 Terminal Rental Revenue (before subsidy) 2,802,782 Non -Airline Revenue: Airfield 411,425 Apron Fee Revenue 1,000 Terminal Building & Area 1,084,204 Parking and Ground Transportation 4,022,303 Aviation 563,364 Non -Aviation 161,774 Non Operating Revenue 23,050 Interfund Contributions 70,806 Total Revenue [A] $ 11,092,994 Operating Expense: Airfield $ 1,788,449 Apron 198,717 Terminal Building & Area 3,781,782 Parking & Ground Transportation 1,679,967 Aviation 426,332 Non -Aviation 436,192 Total Operating Expense Debt Service: Airfield Terminal Building & Area Parking & Ground Transportation Other Total Debt Service Total Airport Capital Expense Total Expense (including Debt Service) Amount Available to Share (after local CIP match) Terminal Upgrade Reserve [B] $ 8,311,439 $ 377,545 148,615 56,180 49,261 [C] $ 631,601 [D] $ 1,083,333 [E=B+C] $ 8,943,040 [F=A -D -E] $ 1,066,621 [G] $ Adjusted Available to Share [H=F-G] $ 1,066,621 2018 CRP Financial Madel - 30 FINAL v2 - Exhibit G.xlsx Page 13 of 16 80 7)2/2018 EXHIBIT G (for illustrative purposes only) COST PER ENPLANED PASSENGER CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Budget 2017-18 Airline Revenue: Landing Fees 1,205,286 Terminal Rentals 2,269,314 Apron Revenue 197,717 GSE Storage 16,131 Total Airline Revenue [A] $3,688,447 Enplaned Passengers [B] 343,176 Cost per Enplaned Passenger [C=A/B] $10.75 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Model - 30 FINAL v2 - Exhibit G.xlsx Page 14 of 16 81 7/2/2018 $ 1,548,379 I $ 2,483,161J EXHIBIT G (for Illustrative purposes only) AIRLINE RATES SUMMARY (Fiscal Years Ending September 30) Landing Fee (per 1,000 16s,) American Southwest United Charters CORPUS CHRISTI INTERNATIONAL AIRPORT Budget 2017-18 Landed Weight 133,877 $ 166,712 $ 97,791 $ 5,266 $ Rate 2.99 $ 2.99 $ 2.99 $ 2.99 $ Total 399,756 497,802 292,003 15,725 'Total Landing Fees 403,646 $ 1,205,286 Terminal Rent !Exclusive/Preferential Ticket Counter/Ar0/85O/queueing/Bag Belt. American Southwest United Vacant Ops: American Southwest United Holdroom: American Southwest United Vacant Apron: American Southwest United G5E Storage: American Southwest United S.F. Rate Total 1,751 $ 88.97 $ 155,762 2,878 $ 88.97 $ 256,004 2,237 $ 88.97 $ 198,995 6,874 $ 88.97 448 $ 88.97 $ 39,840 419 $ 88.97 $ 37,277 601 $ 88.97 $ 53,469 2,064 $ 88.97 $ 183,656 2,293 $ 88.97 $ 204,044 2,310 $ 88.97 $ 205,485 3,023 $ 88.97 31,774 $ 1.62 $ 51,619 28,036 $ 1.62 $ 45,548 61,892 $ 1.62 5 100,549 2,427 $ 1.62 $ 3,943 3,684 $ 1.62 $ 5,985 3,818 $ 1.62 $ 6,203 'Total Exclusive/Preferential 156,528 Point Use Bag Claim Public: American Southwest United Unscheduled Total Bog Claim Public Bag Claim Tunnel: American Southwest United Unscheduled Total Bog Claim Tunnel Security Checkpoint: American Southwest United Unscheduled Total Security Checkpoint S.F. Percentage Total Using 10074 Joint Use Scenario 37.1% $ 135,375 34.2% $ 124,925 28.0% $ 102,052 0.7% $ 2,592 4,102 $ 88.97 $ 364,945 37.1% $ 62,704 34.2% $ 57,864 28.0% $ 47,269 0.7% $ 1,201 1,900 $ 88.97 $ 169,038 37.1% $ 148,675 34.2% $ 137,199 28.0% $ 112,078 0.7% $ 2,847 4,505 5 88.97 $ 400,799 (Total Joint Use 10,507 $ 88.97 $ 934,782 Notal Exclusive/Preferential & Joint Use Fees 167,035 2018 CRP Financial Ma • >0 FINAL G xlsa Page 15 of 16 82 7nn018 EXHIBIT G (for Illustrative purposes only) AIRLINE RATES SUMMARY (con't) CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Summary by Airline: (landing Fees: American Southwest United Unscheduled !Exclusive/Preferential: American Southwest United Vacant Total Preferential Joint Use: American Southwest United Unscheduled Total Joint Use Budget 2017-18 $ 399,756 $ 497,802 $ 292,003 $ 15,725 $ 1,205,286 $ 434,819 $ 548,859 $ 564,701 $ 1,548,379 $ 346,754 $ 319,988 $ 261,400 $ 6,640 $ 934,782 (Total Landing & Terminal Rental Fees $ 3,688,447 Amounts may not add due to rounding. Source: Airport management records 21,15 CRP Fina,c.a uoax. 31, FINAL v2. E.hien a,w Pape 16 0116 83 „=515 SC 0 v AGENDA MEMORANDUM N6gPVRNZEp First Reading Item for the City Council Meeting of September 18, 2018 zS52 Second Reading Item for the City Council Meeting of September 25, 2018 DATE: August 27, 2018 TO: Keith Selman, Interim City Manager FROM: Fred Segundo, Director of Aviation FredS@cctexas.com (361) 289-0171 ext. 1213 Authorize a three-year Airline Use and Lease Agreement with Southwest Airlines for airline operations at Corpus Christi International Airport. CAPTION: Ordinance authorizing a three-year airline use and lease agreement with Southwest Airlines to be effective as October 1, 2017, with one two-year option. PURPOSE: Southwest, United, and American Airlines currently operate out of Corpus Christi International Airport (CCIA). A signatory airline use and lease agreement (AULA) is required for and details the terms and conditions for operation at CCIA. In addition, the AULA provides specifics on responsibilities and calculations of the rates and charges to the airlines. BACKGROUND AND FINDINGS: The 2014 Airline Use and Lease Agreement First Amendment between the City of Corpus Christi / Corpus Christi International Airport(CCIA)and United Airlines expired on September 30, 2017. Negotiations began in early January of 2017 with the expressed intent to have a new agreement in place by October 1, 2017. As a result of changes in some airline property managers, internal review processes and new terms and conditions, the finalization of an agreement was significantly delayed beyond September 30, 2017. The existing agreement has a "hold-over" provision that keeps operations going until a new agreement is executed. Negotiation sessions included Airport Senior Staff, City Attorney Staff along with Trillion Aviation ("Airport Team") and resulted in a successfully negotiated three-year agreement with the three airlines serving CCIA. The three-year agreement reflects several modifications and terms that will benefit CCIA over the next few years. Following is brief recap of the major provisions/revisions of the agreement: 1. Cost recovery financial model. Includes a rates and charges model so that the fees billed to the airlines are determined based on actual costs and not predetermined set rates. This ensures proper allocation collection from the airlines. 2. Residual terminal cost center. The methodology for determining rental rates ensures that vacant space is paid for by the airlines (e.g., an unused gate) and the cost is not borne by the airport. 3. Revenue share control. Annually, the airport director at his discretion determines how much non-airline revenue is shared with the airlines to apply towards the airline rates. 4. Term flexibility. Airport has set a term and option period structure that allows flexibility for the airport to modify or renegotiate the agreement if a new entrant's incentives expire and a different methodology needs to be considered. CCIA Staff continues to work on additional service level plans with current carriers and from potential new entrants. As the airline environment continues to evolve, CCIA will continue to explore terms and conditions that will benefit our community and customers. ALTERNATIVES: No viable alternatives exist at this time. OTHER CONSIDERATIONS: Not Applicable EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal, Finance, Budget and Strategic Management FINANCIAL IMPACT: ❑ Operating ® Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (CIP only) Current Year Future Years TOTALS Line Item Budget $943,899 $943,899 Encumbered / -Expended Amount This item (additional revenue) $390,432 $390,432 BALANCE $1,334,331 $1,334,331 Fund(s): Airport Fund - 4610 Comments: None RECOMMENDATION: Staff requests approval of amendments to the lease agreement as submitted. LIST OF SUPPORTING DOCUMENTS: Ordinance Southwest and American -Original Lease Agreements Ordinance authorizing a three-year airline use and lease agreement with Southwest Airlines to be effective as October 1, 2017, with one two-year option. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a three-year signatory airline use and lease agreement with Southwest Airlines, Inc., with one two-year option to extend, and the agreement is ratified to be effective for all intents and purposes as of October 1, 2017. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, or word of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, or word of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, or word of this ordinance be given full force and effect for its purpose. The foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel The foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED this the day of , 2018 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Signatory Airline Use and Lease Agreement For Corpus Christi International Airport BY AND BETWEEN THE CITY OF CORPUS CHRISTI AND SOUTHWEST AIRLINES, CO. OCTOBER 1, 2017 TABLE OF CONTENTS ARTICLE 1: DEFINITIONS ...................................................................................................................2 ARTICLE 2: EFFECTIVE DATE............................................................................................................7 ARTICLE3: TERM................................................................................................................................7 ARTICLE4: PREMISES .......................................................................................................................8 ARTICLE 5: USE, OPERATION AND MAINTENANCE OF THE AIRPORT AND RELATED FACILITIES...........................................................................................................................................9 ARTICLE 6: CAPITAL IMPROVEMENTS........................................................................................... 19 ARTICLE 7: RENTALS, FEES, AND CHARGES................................................................................20 ARTICLE 8: CHANGES IN RATES FOR RENTALS, FEES, AND CHARGES ...................................29 ARTICLE 9: SIGNATORY AIRLINE IMPROVEMENTS......................................................................31 ARTICLE 10: DAMAGE OR DESTRUCTION .....................................................................................33 ARTICLE 11: INDEMNIFICATION AND INSURANCE .......................................................................35 ARTICLE 12: TERMINATION BY CITY ..............................................................................................37 ARTICLE 13: TERMINATION BY SIGNATORY AIRLINE ..................................................................40 ARTICLE 14: SURRENDER OF SIGNATORY AIRLINE PREMISES.................................................41 ARTICLE 15: ASSIGNMENT AND SUBLETTING AGREEMENTS ....................................................42 ARTICLE 16: AVAILABILITY OF ADEQUATE FACILITIES................................................................44 ARTICLE 17: GOVERNMENT INCLUSION........................................................................................45 ARTICLE 18: GENERAL PROVISIONS .............................................................................................47 LIST OF EXHIBITS A Airport Layout B Leased Premises C (Reserved) D Designation of Responsibilities for Operation and Maintenance E Monthly Statistical /Activity Report F (Reserved) G Rentals, Fees and Charges — Demonstrative Illustration Calculation Example THIS AGREEMENT is made and entered into by and between the City of Corpus Christi, a municipal corporation and political subdivision of the state of Texas, hereinafter referred to as "City," and Southwest Airlines, Co., a corporation organized and existing under the laws of the state of Texas and authorized to do business in the state of Texas, hereinafter referred to as "Signatory Airline." WHEREAS, City is the owner of the Corpus Christi International Airport, located in Corpus Christi, Texas, hereinafter referred to as the "Airport"; WHEREAS, City is responsible for the operation, maintenance and improvement of the Airport; WHEREAS, City has the right to lease and license the use of property and facilities on the Airport and has full power and authority to enter into this Agreement in respect thereof; and WHEREAS, Signatory Airline is a corporation primarily engaged in the business of scheduled transportation by air of persons, property, mail and/or cargo; WHEREAS, Signatory Airline desires to obtain certain rights, services and privileges in connection with the use of the Airport and its facilities, and City is willing to grant and lease the same to Signatory Airline upon the terms and conditions hereinafter stated; and WHEREAS, the intent of the parties hereto is to enter into an agreement which will more definitively specify the rights and obligations of the parties with respect to the operation of the Airport by City and the use and occupancy of Airport by Signatory Airline, and this Agreement is responsive to and in accordance with that intent, NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, City and Signatory Airline do hereby mutually undertake, promise and agree, each for itself and its successors and assigns, as follows: 1 ARTICLE 1: DEFINITIONS The following words, terms and phrases wherever used in this Agreement shall for the purposes of this Agreement have the following meanings: Affiliate Airline means any Air Transportation Company that (i) operates flights under the designator code of a Signatory Airline, as designated in writing by Signatory Airline from time to time; (ii) operates under essentially the same trade name, or uses essentially the same livery, as Signatory Airline at the Airport; or (iii) is controlling, controlled by, or under common control with Signatory Airline. Designated Affiliate Airline shall have the rights afforded Signatory Airline without payment of any additional charges or premiums provided: (a) Signatory Airline remains a signatory to this Agreement; (b) Signatory Airline agrees and shall be obligated to serve as a financial guarantor for all rents, fees, and charges incurred by the Affiliate Airline on behalf of that particular Signatory Airline and that Signatory Airline has designated the Affiliate Airline to operate on its behalf at the Airport; and (c) the Affiliate Airline has executed an Operating Agreement with City. Agreement means this Signatory Airline Use and Lease Agreement between City and Signatory Airline, as the same may be amended or supplemented from time to time. Air Transportation Company means a company engaged in the business of scheduled or non-- scheduled commercial transportation by air of persons, property, mail, and/or cargo. Airfield means the runways, taxiways, taxilanes, Apron Area, and all other pavement used for the servicing and parking of aircraft and equipment. Airline Airport Affairs Committee (AAAC) means collectively the authorized representatives of each Signatory Airline which shall meet or conduct conference calls from time to time with representatives of the City to receive information and provide input from the Signatory Airlines with regard to the planning, development, operation and financing of the Airport. Airport means the Corpus Christi International Airport, owned and operated by the City, the boundaries of which are more particularly shown on Exhibit "A", attached hereto and made a part hereof, including all real property and easements, improvements and appurtenances thereto, structures, buildings, fixtures, machinery, equipment, vehicles, supplies and other tangible personal property, or interest in any of the foregoing, now or hereafter leased or acquired by City, less any thereof which may be consumed, sold or otherwise disposed of. 2 Airport Requirement means, for any Fiscal Year, the City's estimate of the following: (1) Operating and Maintenance Expenses; (2) Debt Service including coverage requirements but excluding Debt Service paid by passenger facility charges ("PFCs") and/or grants; (3) those amounts required to be deposited during the Fiscal Year to any fund created pursuant to the terms of the Master Bond Ordinance; (4) the amount of any judgment or settlement arising out of or as a result of the ownership, operation, or maintenance of the Airport or any City-owned or operated Airport-related facility payable by the City during said Fiscal Year, including, but not limited to, the amount of any such judgment or settlement arising out of or as a result of any claim, action, proceeding or suit alleging a taking of property or an interest in property without just or adequate compensation, trespass, nuisance, property damage, personal injury, or any other claim, action, proceeding, or suit based upon or relative to any environmental impact resulting from the use of the Airport for the landing and taking off of aircraft; (5) the amount, less grants, required to fund any eligible Capital Improvement on the Airport; and (6) any and all other sums, amounts, charges, or requirements of City related to the Airport to be recovered, charged, set aside, expensed, or accounted for during such Fiscal Year under City's accounting system or this Agreement; provided, however, that the Airport Requirement shall not include any amounts included in (1) through (6) that are (i) chargeable to a special facility, (ii) a direct charge to less than all Air Transportation Companies as a result of the terms of this Agreement, or (iii) incurred in connection with a tenant improvement. Apron Area means those parts of the aircraft parking area immediately adjacent to the Terminal, as designated by the City, that are used for the parking of aircraft and active ground service equipment, and the loading and unloading of aircraft as shown on Exhibit "B", attached hereto and made a part hereof. BIDS means the Baggage Information Display System. Bonds means any financing or debt instrument or obligation of the City issued for the purposes of improving the Airport. Capital Improvement means the Net Capital Cost to acquire, purchase or construct capital item(s) or project(s) for the purpose(s) of improving, maintaining, or developing the Airport including expenses for development, design, permitting, construction management, analysis, review or planning efforts with a cost greater than one hundred thousand dollars (>$100,000). 3 Capital Improvements must be amortized over the useful life of the asset. Debt Service means that portion of the principal and interest due on debt obligations created by the Master Bond Ordinance and all other Airport debt obligations. Deplaned Passenger means any passenger disembarking from an Air Transportation Company aircraft at the Terminal. Director means the Director of the Department of Aviation and shall include such person or persons as may from time to time be authorized by City or by the Director or applicable law to act for the Director with respect to any or all matters pertaining to this Agreement. Enplaned Passenger means any passenger boarding an Air Transportation Company aircraft at the Terminal. Exclusive Use Premises means those portions of the Terminal consisting of the airline ticket offices, operations space, and any baggage service office leased by Signatory Airline in the Terminal, as shown on Exhibit "B" to which Signatory Airline shall have exclusive use. FAA means the Federal Aviation Administration, or its authorized successor(s). Fiscal Year means the annual accounting period of City for its general accounting purposes which, at the time of entering into this Agreement, is the period of twelve consecutive months, beginning with the first day of October of any year. Gate Use Fee means the per turn facility use charge assessed to an Air Transportation Company for the ad hoc use of a gate holdroom and associated Apron Area. This fee is not applicable for use by Signatory Airline of its leased gate holdroom(s) and associated Apron Area(s). Such fees shall be derived annually based on an airport wide metric of total gate holdroom space and Apron Area times the applicable rental rates and then divided by the total commercial passenger airline operations. Joint Use Premises means the areas in the Terminal consisting of the baggage claim, tug drive, and security check areas as shown on Exhibit "B" which all Signatory Airlines use and share in the cost per the Joint Use Charges Formula. 4 Joint Use Charges Formula means that formula which prorates the total cost of Joint Use Premises among all Signatory Airlines based upon one hundred percent (100%) of each Signatory Airline's (and its Affiliate Airlines) proportionate share of Enplaned Passengers. Leased Premises means collectively, Signatory Airline's leased Exclusive Use Premises, Preferential Use Premises and Joint Use Premises as shown on Exhibit "B". Master Bond Ordinance means City's master bond ordinance number 024163 or any successor master bond ordinance that authorizes City to issue bonds or other debt instruments for the benefit of the Airport. Maximum Gross Landed Weight means the maximum certificated gross landing weight, as stated in each Air Transportation Company's flight operations manual, at which each category of aircraft type operated at the Airport by each Air Transportation Company is certificated by the FAA. MUFIDS means Multi-User Flight Information Display System. Net Capital Cost means the aggregate cost of any Capital Improvement less amounts used from the proceeds of: (i) grants-in-aid; (ii) PFCs; (iii) Bonds for which the Debt Service will not be paid from Rentals, Fees, and Charges; (iv) Bonds for which the Debt Service is to be paid for by PFCs, or (v) other financing by City for which the Debt Service will not be paid from Rentals, Fees, and Charges. Non-Signatory Airline means any Air Transportation Company providing service at the Airport that has not signed this Agreement or a substantially similar agreement and such Non-Signatory Airline shall pay one hundred twenty five percent (125%) of all applicable Rentals, Fees, and Charges. Operating Agreement means an agreement entered into by and between any designated Affiliate Airline, or any ground handling company acting on behalf of Signatory Airline, operating at the Airport and the City that shall define the operational and liability requirements between the parties consistent with the terms and conditions of this Agreement. 5 Operation and Maintenance Expenses (or "O&M Expenses") means, for any Fiscal Year, the costs incurred by the City in operating and maintaining the Airport during such Fiscal Year, either directly or indirectly, whether similar or dissimilar, which under generally accepted accounting principles, are properly chargeable as expenses to the Airport, including expenses allocated to the Airport by the City in accordance with practices and procedures of the City in accordance with the adopted budget, as may be revised by the City, and taxes payable by the City, if applicable, which may be lawfully imposed upon the Airport by entities other than the City. Preferential Use Premises means those portions of the Terminal consisting of the ticket counters and allocated queue space, the baggage make-up belt and support space, gate holdrooms, ground service equipment ("GSE") storage area, and Apron Area leased by Signatory Airline in or adjacent to the Terminal, as shown on Exhibit "B" to which Signatory Airline shall have priority over all other users. Rentals, Fees, and Charqes means the rentals, fees, and charges payable by Signatory Airline pursuant to Article 7. Revenue Landing means any scheduled aircraft landing by an Air Transportation Company at the Airport for which Air Transportation Company makes a charge or for which revenue is derived for the transportation by air of persons, property, cargo or mail, but Revenue Landings shall not include Air Transportation Company's training flights or any landing of an aircraft which, after having taken off from Airport and without making a landing at any other airport, returns to land at Airport because of meteorological conditions, mechanical or operating causes, or any other reason of emergency or precaution. Revenues means income accrued by the City in accordance with generally accepted accounting practices, including investment earnings, from or in connection with the ownership or operation of the Airport or any part thereof, or the leasing or use thereof but specifically excluding: (a) non- operating income (and receipts) from the sale of assets or the amount from insurance claims, (b) federal, state or local grants-in-aid or reimbursements, and (c) PFCs. Signatory Airline means an Air Transportation Company that has executed this Agreement or a substantially similar agreement. Term means the period beginning on the Effective Date and, except as otherwise set forth 6 herein, terminating on the date set forth in Article 3. Terminal means the airline passenger terminal building owned and operated by City at the Airport. Terminal Equipment means all equipment provided and maintained by the City that is used by the Signatory Airline in the processing of Enplaned Passengers and Deplaned Passengers. Terminal Equipment includes MUFIDS, BIDS, baggage claim system, podium back wall screens, passenger loading bridges and gate baggage handling devices, supplemental power systems, and the public address system. The Terminal Equipment is subject to change during the Term of this Agreement. Additional words and phrases used in this Agreement but not defined herein shall have their usual and customary meaning. Singular means plural and vice versa, in context. ARTICLE 2: EFFECTIVE DATE 2.01 Effective Date. The Effective Date of this Agreement is October 1, 2017. 2.02 Termination of Prior Agreement. On the Effective Date, the Signatory Airline Use and Lease Agreement dated August 1, 2009, as amended, between Signatory Airline and City shall terminate. However, any terms, conditions or provisions specifically intended to survive the expiration or termination of that agreement shall continue in effect. ARTICLE 3: TERM 3.01. The Term of this Agreement begins on the Effective Date set forth in Article 2 and shall remain in effect for a period of three (3) years, terminating at 11:59 pm on September 30, 2020, subject to earlier termination as herein provided. 3.02. Upon expiration of the Term or the "extension period" under 3.03, if applicable, any occupancy of the Leased Premises by Signatory Airline will be considered a "holdover tenancy" and operate as a month-to-month tenancy under the same terms and conditions in this Agreement, except for Rentals, Fees and Charges. Unless the parties are engaged in good faith negotiations as reasonably determined by City, City shall have the right to establish and implement holdover Rentals, Fees, and Charges in accordance with FAA's "Policy Regarding Airport Rates and Charges", upon thirty calendar days written notice from the Director. 3.03. So long as Signatory Airline is not in default of any terms of this Agreement, the Term of this Agreement may be extended for one (1) two-year "extension period" from October 1, 2020 through September 30, 2022. To extend, the City first shall give written notice to Signatory Airline of City's intent to extend the Agreement no less than six (6) months prior to the expiration of the Term of this Agreement. If Signatory Airline is willing to extend, Signatory Airline will provide the City written notice of Signatory Airline's intent within thirty (30) calendar days from receipt of the City's notice of intent to extend. Unless a majority of Signatory Airlines (majority, as measured both by number of Signatory Airlines and by total enplanements of the Signatory Airlines over the immediately preceding twelve month period from the written notice) specifically withhold concurrence to extend, this Agreement shall continue for the above designated extension period. If a majority of Signatory Airlines provide notice of intent to extend, but Signatory Airline does not provide prompt written notice of its intent to extend, then Signatory Airline will have no obligation to extend the Agreement and will continue as a holdover tenant on a month to month basis. Such Signatory Airline shall pay Rentals, Fees and Charges as a Non- Signatory Airline for the entire extension period. City shall provide written notification of the resulting Term extension, or lack thereof, to all Signatory Airlines. ARTICLE 4: PREMISES 4.01 Signatory Airline's Leased Premises. A. City does hereby lease and demise to Signatory Airline, and Signatory Airline does hereby lease and accept from City, the Leased Premises, as may be modified from time to time, as set forth in Exhibit "B". B. Any relocation or square footage changes to Signatory Airline's Exclusive Use Premises or Preferential Use Premises made by Signatory Airline after commencement of this Agreement requires the prior written approval of the Director. After approval, Signatory Airline will submit plans prior to the commencement of the change as well as "as-built" drawings following completion. Upon completion and acceptance by the Director, the changes shall be evidenced by an amendment to this Agreement with revised exhibits. C. In the event that changes to Exhibit "B" are made to reflect changes in the Leased 8 Premises other than those contemplated in Section 4.01 B above, then revised exhibits may be substituted herein without the necessity for formal amendment of this Agreement. D. Terminal Equipment owned or acquired by City for use by Signatory Airline in Signatory Airline's Leased Premises shall be maintained by the City and remain the property and under the control of the City. The cost of providing and maintaining Terminal Equipment shall be included in the O&M Expenses. 4.02 Employee Parking. City will make available area(s) at the Airport, which location may be adjusted from time to time at the sole discretion of the Director, for vehicular parking for Signatory Airline's employees based at the Terminal; provided however, such area(s) shall not be used for the storage of vehicles or trailers, or for parking when the employee is traveling for leisure. The City may establish and charge Signatory Airline a reasonable parking fee for all employee parking. Employee parking permits are for Signatory Airline's employees use only and are not transferable. 4.03 International Arrivals Facility. City has developed an international arrivals facility in the Terminal to be used by agencies of the United States Government, based upon demand, for the inspection of passengers and their baggage, and for the exercise of the responsibilities of said agencies with respect to the movement of persons and property to and from the United States. The gate holdroom area used for international passengers is used for domestic flights when not used for international arrivals. Any revenues collected for the international arrival uses of the gate holdroom area will be credited to the Terminal requirement in Article 7. ARTICLE 5: USE, OPERATION AND MAINTENANCE OF THE AIRPORT AND RELATED FACILITIES 5.01 Signatory Airline Rights and Privileges. Subject to the terms of this Agreement, Signatory Airline shall have the right to conduct Signatory Airline's air transportation business at the Airport and to perform the following operations and functions as are reasonably necessary to the conduct of such business at the Airport: A. The landing, taking off, flying over, taxiing, towing, and conditioning of Signatory Airline's aircraft and, in areas designated by City, the extended parking, servicing, loading or unloading, storage or maintenance of Signatory Airline's aircraft and support equipment subject to Sections 5.01.F, 5.01.G, and 5.02.C, subject to the availability of space, and to such reasonable charges 9 and regulations as City may establish; provided, however, Signatory Airline shall not permit the use of the Airfield by any aircraft operated or controlled by Signatory Airline which exceeds the load bearing design strength or capability of the Airfield as described in the then-current FAA- approved Airport Layout Plan ("ALP") or other engineering evaluations performed subsequent to the then-current ALP, including the then-current Airport Certification Manual, except in emergencies affecting human life. B. The sale of air transportation tickets and services, the processing of passengers and their baggage for air travel, and the sale, handling, and providing of mail, freight and express services. C. The training of personnel in the employ of or to be employed by Signatory Airline and the testing of aircraft and other equipment being utilized at the Airport in the operation of Signatory Airline's air transportation business; provided, however, said training and testing shall be incidental to the use of the Airport in the operation by Signatory Airline of its air transportation business and shall not unreasonably hamper or interfere with the use of the Airport and its facilities by others entitled to the use of same. The City reserves the right to restrict or prohibit such training and testing operations as it deems interferes with the use of the Airport. D. The sale, disposition or exchange of Signatory Airline's aircraft, engines, accessories, gasoline, oil, grease, lubricants, fuel or other similar equipment or supplies; provided, however, Signatory Airline shall not sell aviation fuels or propellants except (i) to such Air Transportation Company which is a successor company to Signatory Airline, (ii) an Air Transportation Company which is a wholly owned subsidiary or Affiliate Airline of Signatory Airline or (iii) when a comparable grade and type of fuel desired by others is not available at the Airport except from Signatory Airline. Signatory Airline may not sell, dispose of or exchange new or used gasoline, oil, greases, lubricants, fuel, or other propellants unless disposed of in a manner meeting all local, state, and federal regulations for those products requiring disposal due to routine maintenance. E. The purchase at the Airport or elsewhere, of fuels, lubricants and any other supplies and services, from any person or company, shall be subject to Section 5.01.D and to the City's right to require that each provider of services and/or supplies to Signatory Airline secures a permit from City to conduct such activity at the Airport, pays required fees, and abides by all reasonable rules and regulations established by City. No discriminatory limitations or restrictions shall be imposed by City that interfere with such purchases; provided, however, nothing herein shall be 10 construed to permit Signatory Airline to store aviation fuels at the Airport. The granting of the right to store aviation fuels shall be subject to the execution of a separate agreement between Signatory Airline and City. F. The servicing by Signatory Airline or its suppliers of aircraft being utilized at the Airport by Signatory Airline at Signatory Airline's Preferential Use Premises or such other locations as may be designated by the Director. Servicing at the Preferential Use Premises shall be limited to light maintenance supporting active flights. Maintenance on aircraft for flights that have been cancelled due to mechanical reasons may, at the discretion of the Director, be required to be towed away from the Terminal to a location designated by the Director. G. The loading and unloading of persons, property, cargo, and mail by motor vehicles or other means of conveyance approved by City on Signatory Airline's Exclusive Use Premises and Preferential Use Premises or such other locations as may be designated by the Director. H. The installation and maintenance, at Signatory Airline's expense, of identifying signs in Signatory Airline's Preferential Use Premises shall be subject to the prior written approval of the Director. The general type and design of such signs shall be harmonious and in keeping with the pattern and decor of the Terminal areas. Nothing herein shall be deemed to prohibit Signatory Airline's installation on the walls behind ticket counters identification and company logo signs as are customarily installed by Signatory Airline in such areas at comparable airport facilities. Signatory Airline shall not install any promotional signage in the Preferential Use Premises without the prior written consent of the Director. I. The installation, maintenance and operation, at no cost to City, of such radio communication, computer, meteorological and aerial navigation equipment and facilities in Signatory Airline's Exclusive Use Premises or Preferential Use Premises as may be necessary for the operation of its air transportation business; provided, however, that the location of such equipment and facilities, method of installation and type of equipment shall be subject to the prior written approval of the Director, which shall not be unreasonably withheld. City shall have the right to charge a reasonable fee, surcharge, or rental charge for any location outside of Signatory Airline's Exclusive Use Premises or Preferential Use Premises and shall be entitled to any revenues generated directly from the operation of such equipment. City may disapprove or require modification, removal, or relocation of such equipment if it interferes with other communication, meteorological, or aerial navigation systems operated by City, other tenants, or 11 governmental agencies. Upon abandonment or removal of any such system, Signatory Airline shall restore the Exclusive Use Premises or Preferential Use Premises or any other premises where the equipment is installed to its original condition, normal wear and tear excepted. J. Such rights of way as may reasonably be required by Signatory Airline for communications, computer equipment, telephone, interphone, conveyor systems and power and other transmission lines in areas not leased by Signatory Airline, subject to the availability of space and/or ground areas as reasonably determined by the Director. All communication cables are to be installed in cable trays (or otherwise properly supported) and shall be in compliance with all applicable building codes. Communication cable and internal electrical wires are the responsibility of Signatory Airline from the demarcation point and electrical wiring is the responsibility of Signatory Airline from the metered source. K. Signatory Airline shall provide real time electronic flight arrival and departure information through the City-installed MUFID and BID systems or by any other method to which Signatory Airline and the City agree. L. Signatory Airline shall have the right to use, in common with others so authorized, the public address system serving the Terminal. Signatory Airline shall not install, cause to be installed, or use any other public address system at the Terminal without the prior approval of City. The City reserves the right to establish a charge for the use of such system. M. The installation of personal property, including furniture, furnishings, supplies, machinery, equipment, and self-ticketing machines in Signatory Airline's Exclusive Use Premises or Preferential Use Premises as Signatory Airline may deem necessary or prudent for the operation of its air transportation business. Title to such personal property shall remain with Signatory Airline, subject to the provisions of this Agreement. N. Signatory Airline shall have the right to ingress to and egress from the Airport and Signatory Airline's Leased Premises for Signatory Airline's officers, employees, agents and invitees, including passengers, suppliers of materials, furnishers of services, aircraft, equipment, vehicles, machinery and other property. Such right shall be subject to 49 CFR Part 1542 Airport Security and all other applicable regulations and the City's right to establish rules and regulations governing (i) the general public, including Signatory Airline's passengers, and (ii) access to non- public areas at the Airport by Signatory Airline's employees, suppliers of materials and furnisher 12 of services; provided, however, any such rules and regulations of the City shall not unreasonably interfere with the operation of Signatory Airline's air transportation business. Further, the City reserves the right to, from time to time, temporarily or permanently restrict the use of any roadway or other area at the Airport. In the event of such restrictions, and as necessary, the City shall ensure the availability of a reasonably equivalent means of ingress and egress. The City will consult with Signatory Airline prior to any such closing which would adversely affect Signatory Airline's operations at the Airport unless such closing is necessitated by circumstances which pose an immediate threat to the health or safety of persons using the Airport. Signatory Airline hereby releases and discharges the City, its successors and assigns, from any and all claims, demands or causes of action which Signatory Airline may have arising from the fact that such areas have been closed. O. The rights and privileges granted to Signatory Airline pursuant to this Article 5 may be exercised on behalf of Signatory Airline by other Signatory Airlines, Affiliate Airlines, or contractors authorized by City to provide such services at the Airport, subject to the prior written approval of City and further subject to all laws, rules, regulations and fees and charges as may be applicable to the activities undertaken. 5.02 Exclusions and Reservations. A. Nothing in this Article 5 shall be construed as authorizing Signatory Airline to conduct any business separate and apart from the conduct of its air transportation business at the Terminal. Signatory Airline shall not use or permit the use of any portion of Signatory Airline's Leased Premises for the purpose of selling, offering for sale, dispensing or providing any merchandise, food and beverages, products, services, or advertising that directly competes with an authorized Airport concession except for vending machines in Signatory Airline's Exclusive Use Premises not accessible to public and nothing contained herein is intended to or shall be construed to authorize or permit the Signatory Airline to conduct any activity or to operate any direct or indirect business operation which in any manner competes with any authorized concession activity at the Airport without the prior written of approval of the Director and the payment to the City of concession fees. However, payment of a concession fee will not be required from Signatory Airline and approval of the Director will not be required when (i) an authorized ground handling company services Signatory Airline pursuant to this Agreement, or (ii) Signatory Airline provides complimentary light snacks and bottled water to its passengers at the Airport under the following terms and conditions: in the event of certain extraordinary irregular operations (1) where 13 Signatory Airline has a designated flight "delay" program to provide complimentary light snacks and bottled water to its passengers, or (2) where the normal food and beverage concessionaire(s) operating in the Terminal on a regular basis is unable to provide food and beverage services, then Signatory Airline shall have the right to provide complimentary light snacks and bottled water to its passengers within the Signatory Airline's Preferential Use Premises. B. Signatory Airline shall not knowingly interfere or permit interference with the use, operation or maintenance of the Airport, including but not limited to, the effectiveness or accessibility of the drainage, sewerage, water, communications, fire protection, utility, electrical, or other systems installed or located from time to time at the Airport; and Signatory Airline shall not engage in any activity prohibited by any future approved 14 CFR Part 150 program, or existing noise abatement procedures of FAA or as such may be amended from time to time, except in cases of emergencies or safety concerns. C. As soon as possible after release from proper authorities, Signatory Airline shall remove any of its disabled aircraft from the Airfield, shall place any such disabled aircraft only in such storage areas as may be designated by the Director, and shall store such disabled aircraft only upon such terms and conditions as may be established by the Director; provided, however, Signatory Airline shall be requested to remove such disabled aircraft from Signatory Airline's Preferential Use Premises only if deemed necessary in accordance with Article 16. In the event Signatory Airline shall fail to remove any of its disabled aircraft as expeditiously as possible, the Director may, but shall not be obligated to, cause the removal of such disabled aircraft; provided however, the Director shall give Signatory Airline prior written notice of its intent to do so and provided further that the Director shall use reasonable efforts to remove such aircraft. Signatory Airline shall pay to City, upon receipt of invoice, the costs incurred for such removal. D. Signatory Airline shall not do or permit to be done anything, either by act or failure to act, that shall cause the cancellation or violation of the provisions, or any part thereof, of any policy of insurance for the Airport, or that shall cause a hazardous condition so as to increase the risks normally attendant upon operations permitted by this Agreement. If such Signatory Airline act, or failure to act, shall cause cancellation of any policy, then Signatory Airline shall immediately, upon notification by City, do whatever shall be necessary to cause reinstatement of said insurance. Furthermore, if Signatory Airline shall do or permit to be done any act not permitted under this Agreement, or fail to do any act required under this Agreement, regardless of whether 14 such act shall constitute a breach of this Agreement, which is the sole cause of an increase in the City's insurance premium for the Airport, Signatory Airline shall immediately remedy such actions and pay the increase in premium associated with the act upon notice from City to do so and after a sixty (60) calendar day period for Signatory Airline to contest the increase. E. City may, at its sole option, install or cause to be installed advertising and revenue generating devices, including vending machines, in Signatory Airline's Preferential Use Premises or Joint Use Premises; provided, however, that such installations shall not unreasonably interfere with Signatory Airline's operations authorized hereunder or substantially diminish the square footage contained in Signatory Airline's Preferential Use Premises or Joint Use Premises. City may also, at its sole option, install pay telephones, facsimile machines, or other self-service traveler amenities in any part of the Terminal; provided, however, installation of such devices in Preferential Use Premises shall be with Signatory Airline's prior consent, which consent shall not unreasonably be withheld or delayed. City shall be entitled to all income generated by such telephones and devices and to reasonable access upon Signatory Airline's Preferential Use Premises to install or service such telephones and devices. City reserves the right to install such devices in Preferential Use Premises or Joint Use Premises provided the installation does not disrupt passenger access. City will not install any advertising on Signatory Airline's ticket counter backwall or holdroom gate podium backwall. F. Signatory Airline must comply with, and require its officers and employees, contractors, and any other persons over whom it has control to comply with, such rules and regulations governing the use of Airport facilities pursuant to this Agreement as may from time to time be adopted and promulgated by City including, but not limited to, health, safety, environmental concerns, sanitation, and good order, and with such amendments, revisions, or extensions thereof as may from time to time be adopted and promulgated by City. Signatory Airline will not do or authorize to be done anything that may interfere with the effectiveness of the drainage and sewage system, water system, communications system, fire protection system, or other part of the utility, electrical or other systems installed or located from time to time at the Airport. G. Signatory Airline must coordinate training flights and other nonscheduled flight activities into and out of Airport with the Director. If requested by City, Signatory Airline must restrict all such activities to certain hours established by the Director so as to not unreasonably interfere with scheduled flight activities of other Air Transportation Companies using the Airport. 15 H. Signatory Airline must comply with all requirements of the Americans with Disabilities Act ("ADA"), as it may be amended, including without limitation paying for the cost of removing all of Signatory Airline's tenant improvement barriers within Signatory Airline's Exclusive Use Premises or Preferential Use Premises, necessary to gain access to the Signatory Airline's Exclusive Use Premises or Preferential Use Premises. I. Signatory Airline may use Terminal Equipment within Signatory Airline's Leased Premises. Signatory Airline shall ensure that those personnel involved in the use of Terminal Equipment are properly trained in the use and operation of the devices in a safe manner. Except to the extent prevented by Texas' Workers' Compensation law, Signatory Airline shall indemnify the City from any and all claims for damages made against the City due to injury, death, or damage to persons or property resulting from use of Terminal Equipment by Signatory Airline, its agents, employees, or officers. The City shall conduct maintenance on the Terminal Equipment so as to keep it in proper working order. Any necessary repairs to or replacement of the Terminal Equipment shall be the City's responsibility. If damage is caused by Signatory Airline's negligence or inappropriate use of the Terminal Equipment, the City will repair or replace the Terminal Equipment and charge Signatory Airline for such repair or replacement. J. The rights and privileges granted Signatory Airline pursuant to this Article 5.01 and Article 5.02 shall be subject to any and all reasonable rules and regulations established by City and to the provisions of Article 7. In case of a conflict between provisions of this Agreement and the Airport rules and regulations, the provisions of this Agreement shall prevail and control. K. Any and all rights and privileges not specifically granted to Signatory Airline for its use of and operations at the Airport pursuant to this Agreement are hereby reserved for and to City. 5.03 City's Operation and Maintenance Obligations. A. City shall with reasonable diligence, prudently develop, improve, and at all times maintain and operate the Airport with adequate qualified personnel and keep the Airport in good repair, unless such maintenance, operation or repair shall be Signatory Airline's obligation pursuant to Exhibit "D", attached hereto and made a part hereof. B. City shall use reasonable efforts to keep the Airport and its aerial approaches free from 16 ground obstruction for the safe and proper use thereof by Signatory Airline. C. City shall not be liable to Signatory Airline for temporary failure to furnish all or any of such services to be provided in accordance with Exhibit "D" when due to mechanical breakdown or any other cause beyond the reasonable control of City. City shall use commercially reasonable efforts to i) ensure the good repair of the Airport and the services described in Exhibit "D"; and ii) eliminate a failure thereof in order to minimize the effect to Signatory Airline as soon as possible. D. City shall maintain Terminal Equipment, pursuant to Exhibit "D", and striping for ground service equipment locations at the Preferential Use Premises. 5.04 Signatory Airline's Operation and Maintenance Obligations. A. Signatory Airline shall, at all times and at its own expense, preserve and keep Signatory Airline's Exclusive Use Premises and Preferential Use Premises in an orderly, clean, neat and sanitary condition in accordance with Signatory Airline's obligations pursuant to Exhibit "D." B. Signatory Airline shall maintain, at its own expense, its Exclusive Use Premises and Preferential Use Premises as free as possible of any release of fuel, oil and debris. Signatory Airline agrees to comply with all applicable environmental laws, rules, regulations, orders and/or permits applicable to Signatory Airline's operations on or in the vicinity of the Airport, including but not limited to applicable National Pollutant Discharge Elimination System Permits and all applicable laws relating to the use, storage, generation, treatment, transportation, and/or disposal of hazardous or regulated substances (as such terms are defined under applicable law). Signatory Airline must not knowingly use, store, generate, treat, or dispose of any hazardous or regulated substances or waste on or near the Airport without first obtaining all required permits and approvals from all authorities having jurisdiction over Signatory Airline's operations on or near the Airport. If Signatory Airline determines at any time through any means that any threat of any potential harm to the environment, resulting from any release, discharge, spill, or deposit of any hazardous or regulated substance, has occurred or is occurring as a result of Signatory Airline's operations, which in any way affects or threatens to affect the Airport, or the persons, structures, equipment, or other property thereon, Signatory Airline must provide notice as soon as reasonably possible by verbal report in person or by telephone, to be promptly confirmed in writing to, (1) the Director, (2) the Airport's Public Safety Office, and (3) emergency response 17 centers and environmental or regulatory agencies, as required by law or regulation, and must follow such verbal report with written report where required by law. Signatory Airline agrees to cooperate fully with the City in promptly responding to, reporting, and remedying any threat of potential harm to the environment, resulting from any release or threat of release of hazardous or regulated substance from Signatory Airline's operations into the drainage systems, soils, ground water, waters, or atmosphere, in accordance with applicable law or as authorized or approved by any federal, state, or local agency having authority over environmental matters. Signatory Airline will undertake all required remediation and all costs associated therewith, resulting from Signatory Airline's action or inaction which is directly or indirectly responsible for any failure of the Signatory Airline to materially conform to all applicable environmental laws, rules, regulations, orders and/or permits. The rights and obligations set forth in this section survive the termination of this Agreement. C. Signatory Airline shall maintain the heating ventilation and air conditioning system from the supply point which is the point at which the supply enters the Signatory Airline's Exclusive Use Premises and continuing throughout the Signatory Airline's Exclusive Use Premises. Signatory Airline must maintain electric loads within the designed capacity of the Airport's electrical system. Signatory Airline shall maintain fixtures, equipment, and the interior non-structural portions of its Exclusive Use Premises in good condition, normal wear and tear excepted and perform all ordinary repairs and inside painting of the Exclusive Use Premises. Such repairs and painting by Signatory Airline shall be of a quality similar to the original material and workmanship. D. Signatory Airline may dispose of routine daily trash in the City provided trash container without additional charge. However, Signatory Airline must dispose of non-routine daily trash, including without limitation, construction debris and other waste materials-including petroleum products, either directly or through an approved and permitted independent contractor. E. Signatory Airline will provide and maintain hand fire extinguishers for all Exclusive Use Premises in accordance with applicable safety codes. F. Signatory Airline will repair, at its cost, or at City's option reimburse City for the cost of repairing, replacing, or rebuilding any damages to Signatory Airline's Leased Premises caused by the acts or omissions of Signatory Airline, its sub lessee, or its or their respective officers, 18 employees, agents, contractors, or business invitees, including without limitation customers. Any repairs made by Signatory Airline are subject to inspection and approval by City. G. Signatory Airline may not erect, maintain or display on the Airport any billboards, banners, advertising, promotions, signs or materials without the prior written approval of Director. Signatory Airline must keep its ticket counter free of all printed material except required regulatory signs or conditions of travel and advertising displays. City may remove any unauthorized material or displays that are placed on the Airport without the Director's prior written approval. H. Should Signatory Airline fail to perform its material obligations hereunder, the City shall have the right to enter the Signatory Airline's Leased Premises and perform such activities; provided, however, other than in a case of emergency, the City shall give to Signatory Airline reasonable advance written notice of non-compliance, a minimum of ten (10) calendar days, prior to the exercise of this right. If such right is exercised, Signatory Airline shall pay to the City, upon receipt of invoice, the cost of such services plus a fifteen percent (15%) administrative fee. 5.05 Designation of Operation and Maintenance Responsibilities. In addition to the obligations of City and Signatory Airline set forth in Sections 5.03 and 5.04, responsibilities for maintenance, cleaning and operation of the Airport shall be as set forth in Exhibit "D". ARTICLE 6: CAPITAL IMPROVEMENTS 6.01 General. A. It is contemplated by the parties that from time to time during the Term of this Agreement, the City may undertake Capital Improvements to the Airport. B. In conjunction with submission of its annual budget, Director will notify Signatory Airline of its proposed Capital Improvements, including a sources and uses of funds plan for the ensuing Fiscal Year and City's estimates of the effect of such Capital Improvements on the Rentals, Fees, and Charges paid by Signatory Airlines. It is expressly acknowledged that Exclusive Use Premises are ineligible for certain funding sources, such as PFCs, and as such that any Capital Improvement costs impacting the Exclusive Use Premises will be funded through Rentals, Fees, and Charges paid by Signatory Airlines. 19 C. The City agrees, at the written request of the AAAC, to meet collectively or conduct a conference call with the Signatory Airlines within thirty (30) calendar days after notification to Signatory Airline of said annual budget to further discuss the Capital Improvements. City agrees to consider the comments and recommendations of the AAAC with respect to said Capital Improvements. 6.02 Grants-In-Aid. City will use its best efforts to obtain maximum development grants-in-aid federal funding. ARTICLE 7: RENTALS, FEES, AND CHARGES Signatory Airline shall pay City rentals for use of Signatory Airline's Leased Premises, and fees and charges for the other rights, licenses, and privileges granted hereunder during the Term of this Agreement ("Rentals, Fees, and Charges"). For each Fiscal Year, the Rentals, Fees, and Charges payable by all Signatory Airlines and their designated Affiliate Airlines for the Airfield, Apron Area, and Terminal shall be calculated as set forth below. Exhibit "G", attached hereto and made a part hereof, provides a demonstrative illustration example of the Rentals, Fees and Charges calculations as described further in Article 7. The City shall notify the Signatory Airlines for each Fiscal Year of the actual Rentals, Fees, and Charges pursuant to Article 8. 7.01 Landing Fees. Signatory Airline shall pay to City fees for Revenue Landings at the Airport. Signatory Airlines' landing fees shall be calculated to include all allocated portions of the Airport Requirement associated with the Airfield, excluding the Apron Area and designated GSE storage area, minus any adjustments due to allocated credits (e.g., Non-Signatory Airlines' landing fees) and Airport discretionary revenue applied. These landing fees will be determined as the product of the associated landing fee rate and all Signatory Airlines' total landed weight. A Signatory Airline's total landed weight shall be determined as the resulting product of the Maximum Gross Landed Weight of each Signatory Airline's landing aircraft times the number of Revenue Landings of each of Signatory Airline's aircraft. 7.02 Terminal Rentals. Signatory Airline shall pay to City rentals for Terminal use at the Airport. Signatory Airlines' Terminal rentals shall be calculated to include all allocated portions of the Airport Requirement associated with the Terminal minus any adjustments due to allocated credits and Airport discretionary revenue applied to arrive at a Terminal requirement. The Terminal requirement will be 20 divided by the square footage of all Signatory Airlines' Leased Premises to determine the Terminal rental rate. Each Signatory Airline's Terminal rentals are a) product of the square footage of its Exclusive Use Premises and Preferential Use Premises times the Terminal rental rate, plus b) the quotient of the total Terminal revenue due associated with the Joint Use Premises divided by its proportionate share per the Joint Use Charges Formula. 7.03 Apron Area Fees. Signatory Airline shall pay to City fees for Apron Area use at the Airport. Signatory Airlines' Apron Area fees shall be calculated to include all allocated portions of the Airport Requirement associated with the Apron Area minus any adjustments due to allocated credits and Airport discretionary revenue applied to arrive at an Apron Area requirement. Each Signatory Airline's Apron Area fees are the product of the square footage of its leased Apron Area times the Apron Area rate. 7.04 GSE Storage Area Charges. Signatory Airline shall pay to City charges for GSE storage area use at the Airport. Signatory Airline shall have a designated area at which it may park"non-active" ground service equipment. The GSE storage area charges shall be based on the same per square foot rate as the Apron Area rate. Each Signatory Airline's GSE storage area charges are the product of its leased GSE storage area times the Apron Area rate. The GSE storage area is represented on Exhibit «B" 7.05 Gate Use Fees. Signatory Airline shall pay to City fees for each ad hoc use of a gate that is not preferentially leased by Signatory Airline. Signatory Airline shall report on a monthly basis its total gate uses for the previous month. 7.06 Other Fees and Charges. A. City expressly reserves the right to assess and collect the following: (1) Signatory Airline must report to City all charter flights handled or operated by Signatory Airline as follows: (i) if the charter flight is handled by Signatory Airline with its own aircraft or the aircraft of a designated Affiliate Airline in Signatory Airline's Leased Premises, Signatory Airline will pay the Signatory landing fees, Apron Area fees, and Terminal rentals for Joint Use Premises; (ii) if the charter flight is an aircraft owned and operated by a Non-Signatory Airline (on its own behalf and not on behalf of the Signatory Airline) and is handled in Signatory Airline's Exclusive Use Premises or Preferential Use 21 Premises, Signatory Airline must report the charter activity and the Non-Signatory Airline must pay the Non-Signatory Airline Terminal rentals for the Joint Use Premises; or (iii) if the charter flight is an aircraft owned and operated by a Non-Signatory Airline and handled outside Signatory Airline's Exclusive Use Premises or Preferential Use Premises, Signatory Airline must report the activity to City and the Non-Signatory Airline must pay the Non-Signatory Airline Rentals, Fees, and Charges as established by the City, subject to adjustment from time to time. (2) Reasonable and non-discriminatory fees and charges for services or facilities not enumerated in this Agreement, but provided by City including, but not limited to, Federal Inspection Services ("FIS") fee, Airport based employee vehicle parking fees, non-airport based employee/contractor parking fees, remote aircraft parking fees, security badging fees, excess GSE parking fees, security fees, and any other fee that may be adopted to recover costs as a result of the requirement to remain compliant with FAA, Department of Homeland Security, or any other governmental body that has jurisdiction over the Airport requirements. B. City reserves the right to charge Signatory Airline, its employees or contractors, a reasonable fee for identification badges provided at the Airport. C. Signatory Airline shall pay charges for other services or facilities requested by Signatory Airline and provided by City to Signatory Airline. Such services or facilities may include, but are not limited to, special maintenance of Signatory Airline's Leased Premises including janitorial services or equipment/vehicle storage areas. The fees for these services shall be established by the Director. D. Signatory Airline shall pay the required fees for all permits and licenses necessary for the conduct of Signatory Airline's air transportation business at the Airport. Signatory Airline shall pay all electricity, gas, and water and sewerage fees and charges for its Leased Premises, if separately metered. Signatory Airline shall also pay all taxes, assessments, and charges which, during the Term of this Agreement, may become a lien or which may be levied by the state, county, or any other tax levying body, upon any taxable interest by Signatory Airline acquired in this Agreement, or any taxable possessory right which Signatory Airline may have in or to the premises or facilities leased hereunder, or the improvements thereon, by reason of its occupancy thereof, or otherwise, as well as taxes, assessments, and/or charges on taxable property, real 22 or personal, owned by Signatory Airline in or about said premises. Upon any termination of tenancy, all taxes then levied or a lien on any of said property, or taxable interest therein, shall be paid in full and without pro-ration by Signatory Airline forthwith, or as soon as a statement thereof has been issued by the tax collector, if termination occurs during the interval between attachment of the lien and issuance of statement. However, Signatory Airline shall not be deemed to be in default under this Agreement for failure to pay taxes pending the outcome of any proceedings instituted by Signatory Airline to contest the validity or the amount of such taxes, provided that such failure to pay does not result in any forfeiture. 7.07 Payments. A. Payments of one-twelfth (1/12) of the total annual rentals for Signatory Airline's Exclusive Use Premises and Preferential Use Premises (7.02, 7.03, and 7.04) shall be due in advance, without demand, on the first calendar day of each month. Said rentals and charges shall be deemed delinquent if payment is not received by the fifteenth (15th) calendar day of the month. B. Signatory Airline's landing weights activity, enplanements, and non-leased gate turns shall be reported on or before the tenth (10th) calendar day of each month following activity. City will provide Signatory Airline with an invoice within five (5) calendar days following receipt of the activity report, and payment of fees for Landing Fees (7.01), Joint Use Premises rentals (7.02) and Gate Use Fees (7.05) is due on the thirtieth (30th) calendar day of each month following the month in which such activity occurs. Said fees shall be deemed delinquent if payment is not received on the date due. C. [Reserved] D. Payment for all other fees and charges due hereunder that are subject to invoice shall be due to City within thirty (30) calendar days of the date of such invoice. E. City shall provide written notice of any and all payment delinquencies, including payments of any deficiencies which may be due as a result of the City's estimates of activity pursuant to Section 7.07.E below or due to an audit performed pursuant to Section 7.08.D., provided however, interest at the lower of one and one-half percent (1 '/2 %) per month, or the highest rate allowable by applicable state law, shall accrue against any and all delinquent payments from the date due until the date payments are received by City. This provision shall not preclude City 23 from terminating this Agreement for default in the payment of Rentals, Fees or Charges, as provided for in Section 12.03, or from exercising any other rights contained herein or provided by law. F. In the event Signatory Airline fails to submit its monthly activity report as required, City shall estimate the Rentals, Fees, and Charges based upon the greater of one hundred twenty- five percent (125%) of the previous month's activity or the same month's prior year activity reported by Signatory Airline and issue an invoice to Signatory Airline for same. If no activity data is available, City shall reasonably estimate such activity and invoice Signatory Airline for same. Signatory Airline shall be liable for any deficiencies in payments based on estimates made under this provision; payment for said deficiencies shall be deemed due as of the date such rental was due and payable. If such estimate results in an overpayment by Signatory Airline, City shall apply such overpayment as a credit against subsequent amounts due for such Rentals, Fees and Charges from Signatory Airline; provided, however, Signatory Airline shall not be entitled to any credit for interest on payments of such estimated amounts. G. In the event Signatory Airline's obligations with respect to Signatory Airline's Leased Premises or rights, licenses, services or privileges granted hereunder shall commence or terminate on any date other than the first or last calendar day of the month, Signatory Airline's Rentals, Fees, and Charges shall be prorated on the basis of the number of calendar days such premises, facilities, rights, licenses, services, or privileges were enjoyed during that month. H. All payments due and payable hereunder shall be paid in lawful money of the United States of America, without set off, by electronic funds transfer or by check made payable to the Corpus Christi International Airport and delivered to: Corpus Christi International Airport Accounts Receivable Division 1000 International Drive Corpus Christi, TX 78406 7.08 Information to be Supplied by Signatory Airline. A. Not later than ten (10) calendar days after the end of each month, Signatory Airline shall file with the City a written report in the format as set forth in Exhibit "E" for activity conducted by Signatory Airline and its designated Affiliate Airline(s) during said month and for activity handled 24 by Signatory Airline for other Air Transportation Companies not having a Signatory Agreement with City providing for its own submission of activity data to City. B. City shall have the right to rely on said activity reports in determining Rentals, Fees, and Charges due hereunder; provided, however, Signatory Airline shall have full responsibility for the accuracy of said reports including the sum and product totals. Payment deficiencies due to incomplete or inaccurate activity reports shall be subject to interest charges as set forth in Section 7.07.E. C. Signatory Airline shall at all times maintain and keep books, ledgers, accounts or other records, wherein are accurately kept all entries reflecting the activity statistics to be reported pursuant to Section 7.07. Such records shall be retained by Signatory Airline for a period of three (3) years subsequent to the activities reported therein, or such other retention period as set forth in 14 CFR Part 249, and made available at Corpus Christi, Texas, for audit and/or examination by City or its authorized representative during normal business hours. Signatory Airline shall produce such books and records at Corpus Christi, Texas, within thirty (30) calendar days of written notice to do so or pay all reasonable expenses including, but not limited to, transportation, food and lodging necessary for an auditor selected by City to audit said books and records at a place selected by Signatory Airline. D. The cost of audit, with the exception of the aforementioned expenses, shall be borne by City as O&M Expenses; provided however, the total cost of said audit shall be borne by Signatory Airline if either of the following conditions exist: (1) The audit reveals an underpayment of more than ten percent (10%) of Rentals, Fees, and Charges due hereunder, as determined by said audit; or (2) Signatory Airline has failed to maintain true and complete books, records, accounts, and supportive source documents in accordance with Section 7.08.C. 7.09 Security for Payment. A. Unless Signatory Airline has provided regularly scheduled flights to and from the Airport during the eighteen (18) months prior to the Effective Date of this Agreement without the occurrence of any act or omission that would have been an event enumerated in Section 12.01 25 of this Agreement, if this Agreement had been in effect during that period, Signatory Airline shall provide City on the Effective Date of this Agreement with a contract bond, irrevocable letter of credit or other similar security acceptable to City ("Contract Security") in an amount equal to the estimate of three (3) months' Rentals, Fees, and Charges payable by Signatory Airline pursuant to this Article 7, to guarantee the faithful performance by Signatory Airline of its obligations under this Agreement and the payment of all Rentals, Fees, and Charges due hereunder. Signatory Airline shall be obligated to maintain such Contract Security in effect until the expiration of eighteen (18) consecutive months during which period Signatory Airline commits no event enumerated in Section 12.01 of this Agreement. In the event the City draws from the Contract Security during the eighteen (18) month period due to past due payments due from Signatory Airline to the City, Signatory Airline shall replenish such amount within five (5) business days upon written notice. Such Contract Security shall be in a form and with a company reasonably acceptable to City. In the event that any such Contract Security shall be for a period less than the full period required by this Section 7.09.A. or if Contract Security shall be canceled, Signatory Airline shall provide a renewal or replacement Contract Security for the remaining required period at least sixty (60) calendar days prior to the date of such expiration or cancellation. B. Notwithstanding the above Section 7.09.A, City shall have the right to waive such Contract Security requirements for a Signatory Airline which has not provided regularly scheduled flights to and from the Airport during the eighteen (18) months prior to the Effective Date of its Signatory Airline agreement. Any such waiver by City shall be conditioned upon said Signatory Airline having provided regularly scheduled flights at three (3) other airports with activity levels and characteristics similar to Airport during the most recent eighteen (18) month period without committing any material default under the terms of the respective lease and use agreements at each of the three (3) facilities and without any history of untimely payments for rentals, fees and charges. The burden shall be on Signatory Airline to demonstrate to the City its compliance with these requirements by providing written documentation from three (3) other airports selected by City. C. If Signatory Airline is delinquent in any debt due to the City for a period greater than ninety (90) calendar days or delinquent twice over a period of six (6) months, the City shall impose or re-impose the requirements of Section 7.09.A on Signatory Airline. D. Upon the occurrence of any Signatory Airline act or omission that is an event enumerated in Section 12.01, or upon election to assume this Agreement under Federal Bankruptcy Rules 26 and Regulations, as such may be amended, supplemented, or replaced, City, by written notice to Signatory Airline given at any time within ninety (90) calendar days of the date such event becomes known to City, may impose or reimpose the requirements of Section 7.09.A on Signatory Airline. In such event, Signatory Airline shall provide City with the required Contract Security within ten (10) calendar days from its receipt of such written notice and shall thereafter maintain such Contract Security in effect until the expiration of a period of eighteen (18) consecutive months during which Signatory Airline commits no additional event enumerated in Section 12.01. E. If Signatory Airline fails to obtain and/or keep in force such Contract Security required hereunder, such failure is grounds for immediate termination of this Agreement pursuant to Section 12.01. City's rights under this Section 7.09 shall be in addition to all other rights and remedies provided to City under this Agreement. 7.10 Passenger Facility Charge. A. Signatory Airline acknowledges City has the right to assess Signatory Airline's enplaned passengers a PFC for the use of the Airport in accordance with 49 U.S.C. §40117 and the rules and regulations thereunder (14 CFR Part 158, the "PFC Regulations") and as otherwise hereinafter authorized or permitted. Signatory Airline shall collect on behalf of and remit to City any such charges in accordance with the requirements of the PFC Regulations including, but not limited to, holding any charges collected by Signatory Airline, pending remittance to City, in trust for the benefit of City. City shall have the right to use all such PFC revenue collected in any lawful manner. B. Signatory Airline and City shall be bound by and shall observe all of the provisions of the PFC Regulations as they apply to each party. C. If Signatory Airline fails to remit PFC revenue to City within the time limits established by the PFC Regulations (no later than the last calendar day of the following calendar month), Signatory Airline shall be deemed to be in default pursuant to Section 12.01. Any late payment of PFCs shall be subject to interest computed in accordance with Section 7.07. 7.11 Capitalized Interest on Bonds. Bonds issued by the City will provide for the capitalization of interest, by project, during the construction period for each respective project; and the City intends for 27 Debt Service on Bonds to be capitalized until substantial completion of projects financed, in part, from the proceeds of Bonds; provided however, that in the event any Debt Service applicable for Bonds shall become payable from Revenues prior to substantial completion of projects, the Debt Service will be allocated to cost centers in the same manner as the related project costs (net of any PFC funding) are allocated to cost centers. 7.12 Continuation of Rentals. If Signatory Airline ceases service at the Airport prior to the end of the Term of the Agreement or extension thereof as provided for in Section 13.01, Signatory Airline will continue to pay rentals on Exclusive Use Premises and Preferential Use Premises until the end of the Term of the Agreement or extension thereof. However, in no event shall the annual amount due from Signatory Airline be less than the dollar equivalent of twenty percent (20%) of the total Joint Use Premises rentals divided by the total number of Signatory Airlines immediately prior to the time Signatory Airline ceases service at the Airport. 7.13 Charges for Services. The provisions contained in Article 7 shall not preclude the City from seeking reimbursement from Signatory Airline or any Air Transportation Company for the cost of services provided to Signatory Airline or any Air Transportation Company in compliance with any federal law, rule or regulation which is enacted or amended subsequent to the execution of this Agreement, or for any services or facilities provided subsequent to the execution date of this Agreement, the cost of which is not currently included in the estimated requirement used to calculate Rentals, Fees, and Charges under this Agreement. 7.14 Extraordinary Coverage. Signatory Airline shall pay extraordinary coverage protection payments in the rates for Rentals, Fees, and Charges at the Airport in any Fiscal Year in which the amount of Revenues less O&M Expenses is projected to be less than the minimum coverage required on Debt Service as may be required by the covenants, including any Debt Service on general obligation debt held by the City on behalf of the Airport. Any amounts which must be collected for such extraordinary coverage protection payments will be allocated to the Airfield and Terminal on the basis of the net requirement of such cost centers' requirements. 7.15 No Further Charges. Except as stated in this Article 7 or as detailed elsewhere in this Agreement, no further Rentals, Fees and Charges shall be charged by the City to Signatory Airline, for the use of Signatory Airline's Leased Premises and the rights, licenses, and privileges granted to Signatory Airline; provided however, nothing shall preclude the City from imposing fees for additional uses, equipment, facilities and services, or from imposing fines, penalties, and assessments for the 28 enforcement of City's rules and regulations. ARTICLE 8: CHANGES IN RATES FOR RENTALS, FEES, AND CHARGES 8.01 Annual Rate Changes. A. Except for the initial Fiscal Year of this Agreement, no later than sixty (60) calendar days prior to the end of each Fiscal Year, City shall notify Signatory Airline of the proposed schedule of rates for Rentals, Fees, and Charges for the ensuing Fiscal Year. Said rates shall be calculated in accordance with and pursuant to Article 7. For the initial Fiscal Year, the Rentals, Fees and Charges will be provided to Signatory Airline in writing within two weeks of City's execution of this Agreement. B. The Signatory Airlines, through the AAAC, shall have the right to review and comment upon the proposed operating budget and annual Capital Improvement projects. No later than thirty (30) calendar days after the forwarding of the proposed schedule of rates for Rentals, Fees, and Charges, the City agrees to meet or arrange a conference call with the AAAC at a mutually convenient time for the purpose of discussing such Rentals, Fees, and Charges. In advance of that meeting/call, the City shall make available to the AAAC any reasonably requested additional information relating to the determination of the proposed rates. The City agrees to fully consider the comments and recommendations of the Signatory Airlines prior to finalizing its schedule of rates for Rentals, Fees, and Charges for the ensuing Fiscal Year. C. Following that meeting/call, the City shall notify Signatory Airline of the rates for Rentals, Fees and Charges to be established for the ensuing Fiscal Year. D. If calculation of the new rates for Rentals, Fees, and Charges is not completed by the City and the notice provided in Section 8.01.0 is not given prior to the end of the then current Fiscal Year, Signatory Airline will be provided written notice that rates for Rentals, Fees, and Charges then in effect shall continue to be paid by Signatory Airline until such calculations are concluded and such notice is given. Upon the conclusion of such calculations and the giving of such notice, City shall determine the differences, if any, between the actual Rentals, Fees, and Charges paid by Signatory Airline to date for the then current Fiscal Year and the rates for Rentals, Fees, and Charges that would have been paid by Signatory Airline if said rates had been in effect beginning on the first calendar day of the Fiscal Year. Those differences shall be applied to the particular 29 Rentals, Fees, and Charges for which any differences in rates resulted in an overpayment or underpayment and shall be remitted by Signatory Airline or credited or refunded by the City in the month immediately following the calculation of the new Fiscal Year's rates for Rentals, Fees, and Charges. 8.02 Other Rate Changes. Rates for Rentals, Fees, and Charges may be changed up to once per Fiscal Year at any time that unaudited monthly Airport financial data indicates that total Rentals, Fees, and Charges payable pursuant to the then current rate schedules are estimated and anticipated by the City to vary by more than ten percent (10%) from the total Rentals, Fees, and Charges that would be payable based upon the use of the projected monthly financial data then available for said Fiscal Year. Rates for Rentals, Fees, and Charges may also be changed whenever required by the terms and provisions of the Master Bond Ordinance, which is available in the Airport Administration offices for review; provided, however, that Signatory Airlines' total Rentals, Fees, and Charges payable to the City shall be allocated to Signatory Airline in accordance with this Agreement. In the event of an emergency situation at the Airport, the Rentals, Fees, and Charges also may be changed within thirty (30) calendar days following consultation with the AAAC. 8.03 Incorporation of Exhibit "G". Adjustments to rates for Rentals, Fees, and Charges pursuant to Article 7 shall apply without the necessity of formal amendment of this Agreement. Exhibit "G" is an illustration only of how the Rentals, Fees, and Charges are calculated and represents a snapshot example of how the rate model operates. Exhibit "G" is not a formal forecast of budget or actual activity, operating and capital expenses, capital plans, or Airport discretionary revenue credits. 8.04 Reconciliation. Within one hundred eighty (180) calendar days following the close of each Fiscal Year, or as soon as audited financial data for said Fiscal Year is available, Rentals, Fees, and Charges for the preceding Fiscal Year shall be recalculated using audited financial data and the methods set forth in Exhibit "G." If the actual Rentals, Fees and Charges paid by Signatory Airlines during the preceding Fiscal Year is in excess of the Rentals, Fees and Charges that would have been paid by Signatory Airlines using said recalculated rates, Signatory Airlines shall be provided a credit in the amount of such excess, in coordination with each Signatory Airline, in the immediately succeeding monthly payment periods against the amounts owed by the Signatory Airlines to the City until such credit is exhausted. If Signatory Airline has ceased operations at the Airport and if no longer obligated to pay any amounts pursuant to Section 7.12, then City shall remit any remaining credit to Signatory Airline. If the actual Rentals, Fees, and Charges paid by Signatory Airlines during the preceding Fiscal Year is less than the Rentals, Fees and Charges that would have been paid by Signatory Airlines using 30 said recalculated rates, the City shall invoice the Signatory Airlines for any such deficit, and the Signatory Airlines shall pay City such deficit within thirty (30) calendar days from the date of an invoice from City. Notwithstanding the foregoing, City retains the right of offset in the event any Signatory Airline has an outstanding amount due to City that is not in formal dispute. 8.05 City Covenants. A. The City covenants that for purposes of assigning and allocating costs, it shall adhere to the requirements of the FAA's "Policy Regarding Airport Rates and Charges", as amended. B. The City shall operate the Airport in the same manner as a reasonably prudent airport operator of an airport of substantially similar size, use and activity as the Airport and in a manner so as to produce revenues from concessionaires, tenants and other users of the Airport of a nature and amount which would be produced by a reasonably prudent operator of an airport of substantially similar size, use and activity, with due regard for the interests of the public. ARTICLE 9: AIRLINE IMPROVEMENTS 9.01 Signatory Airline Improvements. A. In accordance with Section 9.01.E below, Signatory Airline may construct and install, at Signatory Airline's sole expense, improvements in its Exclusive Use Premises and Preferential Use Premises as Signatory Airline deems to be necessary for its operations; provided, however, that the plans and specifications, location, and construction schedule for such improvement shall be subject to the advance written approval of the Director; provided further, that no reduction or abatement of Rentals, Fees, and Charges shall be allowed due to any interference with Signatory Airline's operations by such construction. B. Prior to the commencement of any improvements greater than twenty five thousand dollars ($25,000), the City shall have the right to require Signatory Airline to obtain, or cause to be obtained, a contract surety bond in a sum equal to the full amount of any construction contract awarded by Signatory Airline for the improvements. Said contract security bond shall name the City as an obligee thereunder and shall be drawn in a form and issued by such company acceptable to City; shall guarantee the faithful performance of necessary construction and completion of improvements in accordance with approved final plans and detailed specifications; 31 and shall protect City against any losses and liability, damages, expenses, claims and judgments caused by or resulting from any failure to perform completely the work described. City reserves the right also to require that Signatory Airline acquires or causes to be acquired a payment bond with any contractors of Signatory Airline as principal, in a sum equal to the full amount of the construction contract awarded by Signatory Airline for the improvements. Said bond shall name the City as an obligee thereunder and shall guarantee payment of all wages for labor and services engaged and of all bills for materials, supplies and equipment used in the performance of said construction contract. Any work associated with such construction or installation shall not unreasonably interfere with the operation of the Airport or otherwise unreasonably interfere with the permitted activities of other Terminal tenants and users. Upon completion of approved construction and within sixty (60) calendar days of Signatory Airline's receipt of a certificate of occupancy, a complete set of "as built" drawings shall be delivered to the Director for the permanent record of the City. C. Signatory Airline shall furnish or require contractors to furnish satisfactory evidence of statutory workers' compensation insurance, comprehensive general liability insurance, comprehensive automobile insurance and physical damage insurance on a builder's risk form with the interest of City endorsed thereon in such amounts and in such manner as City may reasonably require. City may require additional insurance for any alterations or improvements approved hereunder in such limits as City reasonably determines to be necessary. D. Any construction or installation by or on behalf of Signatory Airline shall be at the sole risk of Signatory Airline and shall be in accordance with all applicable state and local codes and laws and subject to inspection by the Director and all other applicable inspectors. E. All improvements made to Signatory Airline's Exclusive Use Premises and Preferential Use Premises and additions and alterations thereto made by Signatory Airline, except those financed by City, shall be and remain the property of Signatory Airline until expiration of the Term of this Agreement. Upon termination of this Agreement, said improvements, additions and alterations shall become the property of City; provided, however, that any trade fixtures, signs, equipment, and other moveable personal property of Signatory Airline not permanently affixed to Signatory Airline's Exclusive Use Premises and Preferential Use Premises shall remain the property of Signatory Airline, subject to the terms of Article 14. 32 ARTICLE 10: DAMAGE OR DESTRUCTION 10.01 Partial Damage. If any part of Signatory Airline's Leased Premises, or adjacent facilities directly and substantially affecting the use of Signatory Airline's Leased Premises, shall be partially damaged by fire or other casualty other than that caused by Signatory Airline, but said circumstances do not render Signatory Airline's Leased Premises untenable as reasonably determined by the City, the same shall be repaired to usable condition with due diligence by the City, or by Signatory Airline if agreed to by both parties, as hereinafter provided and limited. No abatement of rentals shall accrue to Signatory Airline so long as Signatory Airline's Leased Premises remain tenantable. Any partial damage caused by Signatory Airline shall be repaired by the City to similar conditions existing prior to the partial damage, and the cost of such repair shall be invoiced directly to Signatory Airline and is due and payable within thirty (30) calendar days from the date of an invoice from City. 10.02 Substantial Damage. If any part of Signatory Airline's Leased Premises, or adjacent facilities directly and substantially affecting the use of Signatory Airline's Leased Premises, shall be so extensively damaged by fire or other casualty, other than that caused by Signatory Airline, as to render any portion of Signatory Airline's Leased Premises untenable but capable of being repaired, as reasonably determined by City, the same shall be repaired within a reasonable period to usable condition with due diligence by City as hereinafter provided and limited. In such case, the rentals payable hereunder with respect to affected Signatory Airline Leased Premises shall be paid up to the time of such damage and shall thereafter be abated equitably in proportion as the part of the area rendered untenable bears to the total Leased Premises until such time as such affected Signatory Airline's Leased Premises shall be restored adequately for use. City shall use "commercially reasonable" efforts to provide Signatory Airline with comparable alternate facilities to continue its operation while repairs are being completed at a rental rate not to exceed that provided for in this Agreement for comparable space. Any substantial damage caused by Signatory Airline shall be repaired by the City and the cost of such repair invoiced directly to Signatory Airline, due and payable upon receipt. 10.03 Destruction. A. If any part of Signatory Airline's Leased Premises, or adjacent facilities directly and substantially affecting the use of Signatory Airline's Leased Premises, shall be damaged by fire or other casualty, and is so extensively damaged as to render any portion of Signatory Airline's Leased Premises incapable of being repaired within ninety (90) calendar days, as reasonably 33 determined by the City, the City shall notify Signatory Airline of its decision whether to reconstruct or replace said space; provided, however, the City shall be under no obligation to replace or reconstruct such premises. The rentals payable hereunder with respect to the Signatory Airline's affected Leased Premises shall be paid up to the time of such damage and thereafter shall abate until such time as replacement or reconstructed space becomes available for use by Signatory Airline. If this occurs, Signatory Airline may terminate the letting of Signatory Airline's Leased Premises, effective as of the date of written notice to the City. Any destruction caused by Signatory Airline shall be repaired by the City and the cost of such repair invoiced directly to Signatory Airline, due and payable upon receipt. B. In the event the City elects to reconstruct or replace the affected Signatory Airline's Leased Premises, the City shall provide Signatory Airline with comparable alternate facilities to continue its operation while reconstruction or replacement is being completed at a rental rate not to exceed that provided for in this Agreement for comparable space. C. In the event the City elects to not reconstruct or replace the affected Signatory Airline's Leased Premises, the City shall meet and consult with Signatory Airline on ways and means to permanently provide Signatory Airline with adequate replacement space for the Signatory Airline's affected Leased Premises. In such event, the City agrees to amend this Agreement to reflect related additions and deletions to Signatory Airline's Leased Premises. Signatory Airline is not bound to accept the replacement space and may terminate this Agreement, as described in Section 10.03.A as above. 10.04 Damage Caused By Signatory Airline. Notwithstanding the provisions of this Article 10, in the event that due to the negligence or willful act or omission of Signatory Airline, its employees, contractors, its agents, or licensees, Signatory Airline's Leased Premises shall be damaged or destroyed by fire, other casualty or otherwise, there shall be no abatement of rentals during the repair or replacement of the Signatory Airline's Leased Premises. To the extent that the costs of repairs exceed the amount of any insurance proceeds payable to City by reason of such damage or destruction, Signatory Airline shall pay the amount of such additional costs to City due and payable upon demand. 10.05 City's Responsibilities. City shall maintain adequate levels of insurance; provided however, that City's obligations to repair, reconstruct, or replace affected premises under the provisions of this Article 10 shall in any event be limited to restoring the affected Signatory Airline's Leased Premises to substantially the same condition that existed at the date of damage or destruction, including 34 any subsequent improvements made by City, and shall further be limited to the extent of insurance proceeds and other funds available to City for such repair, reconstruction, or replacement; provided further, that City shall in no way be responsible for the restoration or replacement of any equipment, furnishings, personal property, real property improvements, signs, or other items installed and/or owned by Signatory Airline in accordance with this Agreement, unless Signatory Airline proves that the damage or destruction is caused by the negligence or willful act or omission of City, its officials, agents, or employees acting within the course or scope of their employment. ARTICLE 11: INDEMNIFICATION AND INSURANCE 11.01 Indemnification. A. Signatory Airline shall indemnify, save, hold harmless, and defend City, its officials, agents and employees, its successors and assigns, individually or collectively, from and against any claim, action, loss, damage, injury, liability, and the cost and expense of whatsoever kind or nature (including, but not limited to, reasonable attorney fees, disbursements, court costs, and expert fees) based upon injury to persons, including death, or damage to property arising out of, resulting from, or incident to Signatory Airline's performance of its obligations under this Agreement, or in conjunction with Signatory Airline's use and occupancy of Signatory Airline's Leased Premises or use of the Airport, unless such injury or damage is occasioned by the sole negligence or willful misconduct of City, its officers, employees, or agents. B. Signatory Airline shall indemnify, save, hold harmless, and defend City, its officials, agents and employees, its successors and assigns, individually or collectively, from and against any claim, action, loss, damage, injury, liability, and the cost and expense of whatsoever kind or nature (including, but not limited to, reasonable attorney fees, disbursements, court costs, and expert fees) and any fines in any way arising from or based upon the violation of any federal, state, or municipal laws, statutes, resolutions, or regulations, including rules or regulations of the City by Signatory Airline, its agents, employees, or successors and assigns in conjunction with Signatory Airline's use and/or occupancy of Signatory Airline's Leased 35 Premises or the Airport unless such injury or damage is occasioned by the sole negligence or willful misconduct of City, its officers, employees, or agents. C. The provisions of this Section 11.01 shall survive the expiration or termination of this Agreement. 11.02 Insurance. A. Without limiting or expanding Signatory Airline's obligation to indemnify City, as provided for in Section 11.01, Signatory Airline shall procure and maintain in force at all times during the Term of this Agreement comprehensive Airport premises liability and aviation insurance to protect against personal injury, bodily injury liability and property damage liability. The limits for Signatory Airlines operating aircraft larger than sixty (60) seats shall be in an aggregate amount of not less than $100,000,000 per occurrence, combined single limit; provided, however, coverage for non-passengers shall be not less than an aggregate amount of $25,000,000 per occurrence. The limits for Signatory Airlines operating aircraft with sixty (60) seats or less shall be in an aggregate amount of not less than $50,000,000 per occurrence, combined single limit; provided, however, coverage for non-passengers shall be not less than an aggregate amount of $25,000,000 per occurrence. In addition, Signatory Airline shall procure and maintain in force during the Term of this Agreement liability insurance applicable to the ownership, maintenance, use or operation of any automobile, mobile equipment or other ground vehicle at the Airport (including owned, non-owned, or hired) in an amount of not less than $5,000,000 per occurrence. B. The aforesaid amounts and types of insurance shall be reviewed from time to time by City and may be adjusted by City if City reasonably determines such adjustments are necessary to protect City's interests. Signatory Airline shall furnish City prior to the Effective Date a certificate or certificates of insurance as evidence that such insurance is in force. City reserves the right to require a certified copy of each certificate upon request. Signatory Airline shall name City as an additional insured on such insurance policy or policies to the extent of the obligations assumed under Section 11.01. Said policies shall be issued by insurance companies of recognized financial responsibility and, in a form and content reasonably satisfactory to City, and shall provide for thirty (30) calendar days advance written notice to City prior to the cancellation of or any adverse material change in such policies and ten (10) calendar days' notice for non-payment of premium. Failure to provide and/or maintain the required insurance coverage as set forth 36 herein is grounds for immediate termination of this Agreement. C. Signatory Airline shall procure and maintain in force during the Term of this Agreement workers' compensation coverage in accordance with state law and employers liability in an amount not less than $1,000,000 each accident and each disease through a licensed insurance company. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to ensure that all workers' compensation obligations incurred by the Signatory Airline will be promptly met. 11.03 Waiver of Subrogation. City and Signatory Airline hereby mutually waive any and all rights of recovery against the other party arising out of damage or destruction of the buildings, Signatory Airline's Leased Premises, or any other property from causes included under any property insurance policies to the extent such damage or destruction is covered by the proceeds of such policies and whether or not such damage or destruction shall have been caused by the parties, their officers, employees or agents, but only to the extent that the insurance policies then in force permit such waiver. All policies of insurance shall contain, to the extent available, this waiver of subrogation provision and the cost of such provision shall be borne by the primary insured. ARTICLE 12: TERMINATION BY CITY 12.01 Events of Default. The events described below shall be deemed events of default by Signatory Airline: A. Upon the occurrence of any one of the following events of default, City may give thirty (30) calendar days written notice as provided in Section 12.03. (1) The appointment of a trustee, custodian, or receiver of all or a substantial portion of Signatory Airline's assets or the subletting of Signatory Airline's Leased Premises without City Council authorization except as permitted under Article 15. (2) The divestiture of Signatory Airline's estate herein by operation of law, by dissolution, or by liquidation. (3) The Signatory Airline shall take the benefit of any present or future insolvency statute, or 37 shall make a general assignment for the benefit of creditors, or shall seek a reorganization or the readjustment of its indebtedness under any law or statute of the United States or of any state thereof. (4) The voluntary discontinuance for a period of at least sixty (60) consecutive days by Signatory Airline of its operations at the Airport unless otherwise approved by City in writing, except when discontinuance is due to fire, earthquake, strike, governmental action, default of the City, or other cause beyond Signatory Airline's control, and except when discontinuance is due to a consented assignment or sublease pursuant to Article 15. (5) The failure to cure a default in the performance of any of the material terms, covenants and conditions required herein within thirty (30) calendar days of receipt of written notice by City to do so; or if by reason of the nature of such default, the same cannot be remedied within thirty (30) calendar days following receipt by Signatory Airline of written demand from City to do so, Signatory Airline fails to commence the remedying of such default within said thirty (30) calendar days following such written notice, or having so commenced, shall fail thereafter to continue as promptly as reasonably practical the curing thereof; provided however, Signatory Airline's performance under this Section 12.01 shall be subject to the provisions of Section 18.25 of this Agreement. Signatory Airline shall have the burden of proof to demonstrate to the City's satisfaction (i) that the default cannot be cured within thirty (30) calendar days, and (ii) that it is proceeding with diligence to cure said default, and that such default will be cured within a reasonable period of time. B. Upon the occurrence of any one of the following events of default, City may immediately issue written notice of default: (1) The failure by Signatory Airline to pay any part of the Rentals, Fees, and Charges, PFCs or any other sum due hereunder and the continued failure to pay said amounts in full within ten (10) calendar days of City's written notice of payments past due. Provided, however, if a dispute arises between City and Signatory Airline with respect to any obligation or alleged obligation of Signatory Airline to make payments to City, payments under protest by Signatory Airline of the amount due shall not waive any of Signatory Airline's rights to contest the validity or amount of such payment. 38 (2) The failure by Signatory Airline to maintain the minimum required insurance coverage as required by Section 11.02; provided, the City shall have the right to immediately suspend Signatory Airline's right to operate at the Airport until Signatory Airline has obtained the minimum required insurance coverage. (3) If any act occurs through the fault or neglect of Signatory Airline which operates to deprive Signatory Airline permanently of the rights, power and privileges necessary for the lawful conduct and operation of its business at the Airport. 12.02 Continuing Responsibilities of Signatory Airline. Notwithstanding the occurrence of any event of default, Signatory Airline shall remain liable to City for all Rentals, Fees, and Charges payable hereunder and for all preceding uncured breaches of any covenant of this Agreement. Furthermore, unless City elects to terminate this Agreement at its sole discretion, Signatory Airline shall remain liable for and promptly pay all Rentals, Fees, and Charges accruing hereunder until termination or expiration of this Agreement as set forth in Article 3 or until this Agreement is terminated by Signatory Airline pursuant to Article 13. 12.03 City's Remedies. Upon the occurrence of any event enumerated in Section 12.01.A, the following remedies shall be available to City: A. City may exercise any remedy provided by law or in equity including, but not limited to, the remedies hereinafter specified. B. City may terminate this Agreement, effective upon the date specified in the notice of termination. For events enumerated in Section 12.01.A, such date shall be not less than thirty (30) calendar days from said date of receipt of notice. Upon such date, Signatory Airline shall be deemed to have no further rights hereunder and City shall have the right to take immediate possession of Signatory Airline's Leased Premises. C. City may reenter Signatory Airline's Leased Premises and may remove all of Signatory Airline's persons and property from same upon the date of reentry specified in City's written notice of reentry to Signatory Airline. For events enumerated in Section 12.01.A., reentry shall be not less than thirty (30) calendar days from the date of notice of reentry. 39 D. City may re-let Signatory Airline's Leased Premises and any improvements thereon, or any part thereof, at such lease rates and upon such other terms and conditions as City, in its sole discretion, may deem advisable, with the right to make alterations, repairs of improvements on Signatory Airline's Leased Premises. In re-letting Signatory Airline's Leased Premises, City shall be obligated to make a good faith effort to obtain terms no less favorable to City than those contained herein and otherwise seek to mitigate any damages it may suffer as a result of Signatory Airline's event of default. E. In the event that City relets Signatory Airline's Leased Premises, Rentals, Fees, and Charges received by City from such re-letting shall be applied in the following order of priority: (i) to the payment of any indebtedness other than Rentals, Fees, and Charges due hereunder from Signatory Airline to City; (ii) to the payment of any cost of such re-letting; and (iii) to the payment of Rentals, Fees, and Charges due and unpaid hereunder. The residue, if any, shall be held by City and applied in payment of future Rentals, Fees, and Charges as the same may become due and payable. If that portion of such Rentals, Fees, and Charges received from such re-letting and applied to the payment of Rentals, Fees, and Charges is less than the Rentals, Fees and Charges payable during applicable periods by Signatory Airline, then Signatory Airline shall pay such deficiency to City. Signatory Airline shall also pay to City, as soon as ascertained, any costs and expenses incurred by City in such re-letting not covered by the Rentals, Fees, and Charges received from such re-letting. F. Signatory Airline shall pay to City all other costs, incurred by City in the exercise of any remedy in this Article 12 including, but not limited to, reasonable attorneys' fees, disbursements, court costs, and expert fees. ARTICLE 13: TERMINATION BY AIRLINE 13.01 Events of Default. The events described below shall be deemed events of default by City: A. City fails to keep, perform or observe any material term, covenant or condition herein contained to be kept, performed, or observed by City and such failure continues for thirty (30) calendar days after receipt of written notice from Signatory Airline; or, if by its nature such default cannot be cured within such thirty (30) calendar day period, City shall not commence to cure or remove such default within said thirty (30) calendar days and to cure or remove the same as promptly as reasonably practicable; provided, however, City's performance under this Section 40 shall be subject to the provisions of Section 18.25 of this Agreement. B. Airport is closed to flights in general for reasons other than weather, acts of God, or other reasons beyond City's control, or to the flights of Signatory Airline for reasons other than those circumstances within Signatory Airline's control, and Airport fails to be reopened to such flights within sixty (60) consecutive days from such closure. C. The Airport is permanently closed as an air carrier airport by act of any federal, state, or local government agency having competent jurisdiction; or Signatory Airline is unable to use Airport for a period of at least ninety (90) consecutive days due to any law, order, rule or regulation of any governmental authority having jurisdiction over the operations of the Airport; or any court of competent jurisdiction issues an injunction preventing City or Signatory Airline from using Airport for airport purposes, for reasons other than those circumstances within City's or Signatory Airline's control, and such injunction remains in force for a period of at least ninety (90) consecutive days. D. The United States Government or any authorized agency of the same (by executive order or otherwise) assumes the operation, control or use of the Airport in such a manner as to substantially restrict Signatory Airline from conducting its operations, if such restriction remains in force for a period of sixty (60) consecutive days or more. 13.02 Signatory Airline's Remedy. Signatory Airline termination, due to events of default under the provisions of Section 13.01, shall not be effective unless and until at least thirty(30) calendar days, or such longer period as provided in Section 13.01, have elapsed after written notice to the City specifying the date upon which such termination shall take effect and the reason for such termination. In the event of termination, Signatory Airline shall surrender the Signatory Airline's Leased Premises in accordance with Article 14 hereof. ARTICLE 14: SURRENDER OF AIRLINE PREMISES 14.01 Surrender and Delivery. Upon termination of this Agreement, Signatory Airline shall promptly and peaceably surrender to City Signatory Airline's Leased Premises and all improvements thereon to which City is entitled in good and fit condition, reasonable wear and tear excepted; provided, however, nothing in this section shall be construed to modify the obligations of the parties that accrued 41 prior to the date of termination of this Agreement. 14.02 Removal of Property. Signatory Airline shall have the right at any time during the Term of this Agreement to remove from the Airport its aircraft, tools, equipment, trade fixtures, and other personal property, title to which shall remain in Signatory Airline unless otherwise set forth in this Agreement, and shall remove such aircraft, tools, equipment, trade fixtures, and other personal property within thirty (30) calendar days following termination of this Agreement, whether by expiration of time or otherwise, as provided herein, subject to any valid lien which City may have thereon for unpaid Rentals, Fees, and Charges. Notwithstanding anything to the contrary contained herein, City hereby waives any statutory or contractual lien it may now have or hereafter have with respect to Signatory Airline's aircraft. Signatory Airline shall not abandon any portion of its property at the Airport without the written consent of City. Any and all property not removed by Signatory Airline within thirty (30) calendar days following the date of termination of this Agreement shall, at the option of the City, (i) become the property of the City at no cost to the City; (ii) be stored by the City, at no cost to the City, or (iii) be sold at public or private sale at no cost to the City. All of Signatory Airline's personal property located on Signatory Airline's Leased Premises is at the risk of Signatory Airline only, and the City is not liable for damage to said personal property in, at or on Signatory Airline's Leased Premises or to Signatory Airline. Except as may be agreed to otherwise by the City and Signatory Airline, all City property damaged by or as a result of the removal of Signatory Airline's property shall be restored by Signatory Airline to the condition existing before such damage, less reasonable wear and tear, at Signatory Airline's expense. ARTICLE 15: ASSIGNMENT AND SUBLETTING AGREEMENTS 15.01 Assignment and Subletting by Signatory Airline. A. Except for an assignment to a parent or subsidiary, which is hereby authorized, Signatory Airline may not at any time assign, transfer, convey, sublet, mortgage, pledge, or encumber its interest under this Agreement or any part of Signatory Airline's Leased Premises to any party including Affiliate Airlines without the prior written consent of the City, which consent will not be unreasonably withheld. The above prohibition does not apply with respect to any company with which Signatory Airline may merge or consolidate, or which may acquire substantially all of Signatory Airline's assets. In the event that Signatory Airline shall, directly or indirectly, assign, sell, hypothecate or 42 otherwise transfer this Agreement, or any portion of Signatory Airline's Leased Premises, without the prior written consent of the City except as allowed above, the City, in its sole discretion may terminate this Agreement. B. Signatory Airline shall not sublease Signatory Airline's Leased Premises without the prior written consent of City, which consent may be withheld if City has substantially similar space available, but unleased, or if City can make such space available for lease within a reasonable time. Use of Signatory Airline's Exclusive Use Premises or Preferential Use Premises or any part thereof, by anyone other than Signatory Airline or an Air Transportation Company being handled by Signatory Airline shall be deemed a sublease. C. Signatory Airline shall include with its request for consent to assign or sublease, a copy of the proposed assignment or sublease agreement, if prepared. In the event such proposed agreement has not been prepared, a written summary of the material terms and conditions to be contained in such agreement shall be included with Signatory Airline's request for consent by the City. The assignment or sublease agreement or written summary submitted with Signatory Airline's request shall include the following information: (i) the term; (ii) the area or space to be assigned or subleased; (iii) the sublease rentals to be charged; and (iv) the provision that assignee or sublessee must execute a separate Operating Agreement with City. Any other information reasonably requested by City pertaining to said sublease or assignment shall be promptly provided by Signatory Airline. A fully executed copy of such sublease or assignment shall be submitted to City for final consent before occupancy of Signatory Airline's Leased Premises, or any portion thereof, by the assignee or sublessee. D. In the event the Rentals, Fees, and Charges for subleased premises exceed the Rentals, Fees, and Charges payable by Signatory Airline for said premises pursuant to this Agreement, Signatory Airline shall pay to City the excess of the Rentals, Fees, and Charges received from the sublessee over that specified to be paid by Signatory Airline herein; provided however, Signatory Airline may charge a reasonable fee for administrative costs, not to exceed fifteen percent (15%) of the specified sublease rental, and such fee shall not be considered part of excess Rentals, Fees, and Charges. Signatory Airline may also charge a reasonable fee to others for the use of Signatory Airline's capital equipment and to charge for use of utilities and other services being paid for by Signatory Airline. E. Nothing in this Article 15 shall be construed to release Signatory Airline from its 43 obligations under this Agreement including, but not limited to, the payment of Rentals, Fees, and Charges provided herein. ARTICLE 16: AVAILABILITY OF ADEQUATE FACILITIES 16.01 Declaration of Intent. The parties acknowledge the objective of the City to offer to all Air Transportation Companies desiring to serve Airport access to the Airport and to provide adequate gate positions and space in the Terminal and Apron Area. Recognizing that physical and financial limitations may preclude timely expansion of the Terminal and Apron Area areas in order to meet the stated requests of Signatory Airline and/or such other Air Transportation Companies for additional facilities, the City hereby states its intent to pursue the objective of achieving an optimum balance in the overall utilization of gate holdrooms, passenger loading bridges and associated Apron Area parking positions. 16.02 Accommodation of Requesting Air Transportation Company. City shall not require Signatory Airline to accommodate a requesting Air Transportation Company if City has unleased gates and facilities which can reasonably accommodate the needs of requesting Air Transportation Company. Signatory Airline shall cooperate with City to accommodate the needs of a requesting Air Transportation Company by permitting such requesting Air Transportation Company to utilize Signatory Airline's Preferential Use Premises (and Air Transportation Company shall remit to Signatory Airline a directly proportionate share of the Rentals, Fees, and Charges attributable to such use of the specific Preferential Use Premises) for the time period necessary to permit passenger loading and unloading operations in conjunction with the scheduled operations of such requesting Air Transportation Company at times when the use of such facilities shall not interfere with Signatory Airline's planned operation. In determining if Signatory Airline shall be required to accommodate a requesting Air Transportation Company, the City shall consider Signatory Airline's capabilities, capacity, and facilities, after taking into account Signatory Airline's own requirements and contractual obligations, the compatibility of requesting Air Transportation Company's proposed operations with those of Signatory Airline, and the need for labor harmony. Prior to any accommodated Air Transportation Company being permitted to use Signatory Airline's Preferential Use Premises, City shall require such accommodated Air Transportation Company to indemnify City and Signatory Airline and its officers, directors, employees and agents against any claims, damages, injuries and costs (including reasonable attorneys' fees) arising from the acts or omissions of the accommodated Air Transportation Company, its officers, directors, employees and agents and deliver to City and Signatory Airline reasonably satisfactory evidence of insurance coverage, which insurance shall provide the coverages (including amounts) as are required of Signatory Airline under this Agreement and name City and Signatory Airline as an 44 additional insured party. 16.03 Relocation of Signatory Airline. With regard to Signatory Airline's Exclusive Use Premises and Preferential Use Premises, the City reserves the right to relocate Signatory Airline (i) after the City has obtained adequate funding to pay the reasonable costs of same, (ii) following consultation with Signatory Airline, and (iii) upon not less than sixty (60) days' prior written notice to Signatory Airline, in order to maintain the most efficient use of the Terminal as reasonably determined by the Director. In implementing any relocation, the City shall minimize disruptions to Signatory Airline's operations and shall use commercially reasonable efforts to provide Signatory Airline with replacement space that is comparable to that which is to be vacated and to coordinate any such relocation with Signatory Airline. In the event that such a relocation request is made by the City, the City shall fund the reasonable costs of such relocation, including the costs of any improvements needed to the replacement space to match those in the vacated space, and Signatory Airline shall not be required to pay a greater total rental amount for the relocated space. ARTICLE 17: GOVERNMENT INCLUSION 17.01 Government Agreements. This Agreement shall be subordinate to the provisions of any existing or future agreements between City and the United States Government or other governmental authority, relative to the operation or maintenance of the Airport, the execution of which has been or will be required as a condition precedent to the granting of federal or other governmental funds for the development of the Airport, to the extent that the provisions of any such existing or future agreements are generally required by the United States or other governmental authority of other airports receiving such funds. City agrees to provide Signatory Airline written advance notice of any provisions which would adversely modify the material terms of this Agreement. 17.02 Federal Government's Emergency Clause. All provisions of this Agreement shall be subordinate to the rights of the United States of America to operate the Airport or any part thereof during time of war or national emergency. Such rights shall supersede any provisions of this Agreement inconsistent with the operations of the Airport by the United States of America. 17.03 Nondiscrimination A. Signatory Airline for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby agree as a covenant running with 45 the land that (i) no person on the grounds of race, creed, color, national origin, or sex shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of Signatory Airline's Leased Premises, (ii) in the construction of any improvements on, over, or under Signatory Airline's Leased Premises and the furnishing of services thereon, no person on the grounds of race, creed, color, national origin, or sex shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination; and (iii) Signatory Airline shall use Signatory Airline's Leased Premises in compliance with all other requirements imposed by or pursuant to 14 CFR Part 152, Subpart E Non-Discrimination in Airport Aid Program, Title VI of the Civil Rights Act of 1964, and 49 CFR, Subtitle A, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as titles and regulations may be amended. B. Signatory Airline acknowledges that the provisions of 49 CFR, Part 23, Disadvantaged Business Enterprises ("DBE"), as said regulations may be amended, and such other similar regulations as may be enacted, may be applicable to the activities of Signatory Airline under the terms of this Agreement, unless exempted by said regulations, and hereby agrees to comply with the FAA and the U.S. Department of Transportation in reference thereto. These regulations may include, but not be limited to, compliance with DBE participation goals, the keeping of certain records of good faith compliance efforts which would be subject to review by the various agencies, the submission of various reports and, if so directed, the contracting of specified percentages of goods and services contracts to Disadvantaged Business Enterprises. C. In the event of breach of any of the above nondiscrimination covenants, City shall have the right to terminate this Agreement after such action as the United States Government may direct to enforce this covenant has been followed and completed, including exercise or expiration of appeal rights. 17.04 Security Signatory Airline must comply with, and require compliance by its assignees and sublessees, if any, and both its and their respective contractors, suppliers of materials and furnishers of services, employees, agents, and business invitees, with all present, amended, and future laws, rules, regulations, and ordinances promulgated by the City, the Airport Security Plan ("ASP"), the FAA, Transportation Security Administration ("TSA") or other governmental agencies to protect the security and integrity of the Secured Area ("SA"),the Air Operations Area ("AOA"), and the Security Identification Display Area ("SIDA"), as defined by the City, the FAA, and TSA, and to protect against access to the SA, AOA, and SIDA by unauthorized persons. Subject to the approval of the Director, 46 Signatory Airline must adopt procedures to control and limit access to the SA, AOA, and SIDA by Signatory Airline, its assignees and sublessees, and its and their respective agents, contractors, suppliers of materials and furnishers of services, employees, and business invitees in accordance with all present and future ASP, FAA, and TSA laws, rules, regulations, and ordinances. Signatory Airline further agrees to indemnify, hold harmless, and defend the City, its officers, agents, and employees against the risk of legal liability for death, injury, or damage to persons or property, or fees and expenses, direct or consequential, arising from entry of the SA or SIDA permitted, allowed or otherwise made possible by Signatory Airline, its sublessees or its or their respective agents, contractors, suppliers of materials and furnishers of services, employees, business invitees, agents, or any person under the direction of Signatory Airline, which entry violates the City, ASP, FAA, or TSA laws, rules, regulations, or ordinances or Signatory Airline's Director-approved procedures for controlling access to the SA or SIDA as provided hereinabove. Signatory Airline must obtain employee identification badges for all personnel authorized by Signatory Airline to have access to the SA, AOA, and SIDA in accordance with the provisions of Federal Aviation Regulations, 49 CFR Part 1542, and other laws, rules, regulations and ordinances. Signatory Airline must pay all fines associated with security breaches/infractions by Signatory Airline and its sublessees and its and their respective agents, officers, business invitees, and employee in the SA, AOA, and SIDA, regardless of whether the fine is assessed to the City, Airport or Signatory Airline and/or its sublessees, and its or their respective agents, officers, business invitees, or employees; however, Signatory Airline may contest such fine in accordance with administrative procedures of the agency issuing the fine. ARTICLE 18: GENERAL PROVISIONS 18.01 Subordination to Master Bond Ordinance A. This Agreement and all rights granted to Signatory Airline hereunder are expressly subordinated and subject to the lien and provisions of the pledges, transfer, hypothecation, and assignments made by City in the Master Bond Ordinance. City and Signatory Airline agree that, to the extent required by the Master Bond Ordinance or law, the holders of the Bonds or their designated representatives shall have the right to exercise any and all rights of City hereunder. B. City shall notify Signatory Airline in advance of any amendments or supplements to the Master Bond Ordinance that would materially alter the terms and provisions of this Agreement. 47 City and Signatory Airline shall use their "commercially reasonable" efforts to agree on the implementation of any such material amendments or supplements desired solely by City for its own purposes. If such material alteration will negatively impact financial or operational rights granted herein, then either party may immediately terminate this Agreement. C. With respect to property leased by the City to Signatory Airline hereunder which was or is to be acquired by the City with proceeds of Bonds, the interest on which is, or is intended to be, excludable from the gross income of the holders of such Bonds for federal income tax purposes, the parties hereby covenant to use "commercially reasonable" efforts to protect the tax-exempt status of the Bonds. 18.02 Non-waiver. No waiver of default by either party of any of the terms, covenants, or conditions of this Agreement to be performed, kept and observed by the other party shall be construed to be or act as a waiver of any subsequent default of any of the terms, covenants and conditions to be performed, kept and observed by the other party and shall not be deemed a waiver of any right on the part of the other party to terminate this Agreement as provided herein. 18.03 Rights Non-Exclusive. Notwithstanding anything herein contained that may be or appear to the contrary, the rights, privileges and licenses granted under this Agreement, except Exclusive Use Premises, are "non-exclusive" and the City reserves the right to grant similar privileges to others. 18.04 Quiet Enjoyment. A. City agrees that, so long as Signatory Airline's payment of Rentals, Fees, and Charges is timely and Signatory Airline keeps all covenants and agreements contained herein, Signatory Airline shall peaceably have and enjoy Signatory Airline's Leased Premises and all rights, privileges and licenses of the Airport, its appurtenances and facilities granted herein, subject to the terms and conditions herein contained. B. Consistent with the nature of Signatory Airline's business, Signatory Airline agrees that occupancy of Signatory Airline's Leased Premises will be lawful and quiet and that it will not knowingly use or permit the use of Signatory Airline's Leased Premises in any way that would violate the terms of this Agreement, create a nuisance, or disturb other tenants or the general public. Signatory Airline shall be responsible for the activity of its officers, employees, agents, and others under its control with respect to this provision. 48 18.05 Performance. The parties expressly agree that time is of the essence in this Agreement. Failure by a party to complete performance within the time specified, or within a reasonable time if no time is specified herein, shall relieve the other party, without liability, of any obligation to accept such performance. 18.06 Avigation Rights. The City reserves unto itself, its successors, and assigns for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Airport, including Signatory Airline's Leased Premises, for navigation or flight in the said airspace for landing on, taking off from, or operating at the Airport. 18.07 Rules and Regulations. A. Signatory Airline, its officers, employees, agents and others under its control shall observe and obey all laws, rules, regulations, ordinances, and orders of the federal, state, county and municipal governments which may be applicable to Signatory Airline's operations at the Airport. B. The City may from time to time adopt, amend or revise reasonable and non-discriminatory rules, regulations and minimum standards for the conduct of operations at the Airport for reasons of safety, health, preservation of the property or for the maintenance of the good and orderly appearance of the Airport. Signatory Airline, its officers, employees, agents, and others under its control shall faithfully comply with and observe such rules, regulations and minimum standards, except as they may conflict with the terms and provisions of this Agreement or the regulations of another governmental authority having appropriate jurisdiction. C. Signatory Airline shall be strictly liable and responsible for obtaining, maintaining current, and fully complying with any and all permits, licenses, and other governmental authorizations, however designated, as may be required at any time throughout the entire Term of this Agreement by any federal, state, or local governmental entity or any court of law having jurisdiction over Signatory Airline or Signatory Airline's operations and activities at the Airport. 18.08 Inspection. Signatory Airline shall allow the City's authorized representatives access to Signatory Airline's Leased Premises for the purpose of examining and inspecting said premises, for purposes necessary, incidental to, or connected with the performance of its obligations under this 49 Agreement; or, in the exercise of its governmental functions. Except in the case of an emergency, upon reasonable advance notice, the City shall conduct such inspections during reasonable business hours with reasonable notice and in the presence of Signatory Airline's representative. 18.09 No Individual Liability. No official, officer, agent, director, or employee of the City or Signatory Airline shall be charged personally or held contractually liable by or to the other party under the terms or provisions of this Agreement or because of any breach thereof or because of its or their execution or attempted execution. 18.10 Relationship of Parties. Nothing contained herein shall be deemed or construed by the parties hereto, or by any third party, as creating the relationship of principal and agent, partners, joint venturers, or any other similar such relationship between the parties hereto. It is understood and agreed that neither the method of computation of Rentals, Fees, and Charges, nor any other provisions contained herein, nor any acts of the parties hereto, creates a relationship other than the relationship of landlord and tenant. 18.11 Capacity to Execute. Each of the parties hereto warrants and represents that the execution and delivery of this Agreement by the undersigned representative(s) has been duly authorized by all necessary corporate or municipal action, as applicable. 18.12 Savings. The parties hereto acknowledge that they have thoroughly read this Agreement, including any exhibits or attachments hereto and have sought and received whatever competent advice and counsel was necessary for them to form a full and complete understanding of all rights and obligations herein. The parties further acknowledge that this Agreement is the result of open negotiations between the parties and shall not be construed against the City by reason of the preparation of this Agreement by the City. 18.13 Successors and Assigns Bound. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. 18.14 Incorporation of Exhibits. All exhibits and attachments referred to in this Agreement are intended to be and are hereby specifically made a part of this Agreement. 50 18.15 Titles. Section titles are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope or extent of any provision of this Agreement. 18.16 Severability. In the event that any covenant, condition or provision of this Agreement is held to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition, or provision shall not materially prejudice either the City or Signatory Airline in their respective rights and obligations contained in the valid covenants, conditions or provisions of this Agreement. 18.17 Amendments. This Agreement constitutes the entire agreement between the parties. Except as provided herein, no amendment, modification or alteration of the terms of this Agreement shall be binding unless the same be in writing, dated subsequent to the date hereof, and executed by the parties. 18.18 Most Favored Nations. The City agrees not to enter into any Agreement with any other 14 CFR Part 121 Air Transportation Companies conducting similar operations at the Airport after the Effective Date of this Agreement that contains more favorable terms and conditions, landing fees, rentals or other charges than those provided in this Agreement. Such "similar operations at the Airport" means regularly scheduled commercial airline service that shall be conducted at the Terminal. Notwithstanding the foregoing, the City may offer incentives or discounts consistent with FAA guidelines and/or policies in setting Rentals, Fees, and Charges with any Air Transportation Company. 18.19 Other Agreements. Other than as set forth herein, nothing contained in this Agreement shall be deemed or construed to nullify, restrict or modify in any manner the provisions of any other agreement or contract between City and Signatory Airline authorizing the use of the Airport, its facilities and appurtenances. 18.20 Affiliate Airline. Signatory Airline and any designated Affiliate Airline shall be counted as one airline for the purposes of computing any Joint Use Premises charges, provided the Affiliate Airline has executed an Operating Agreement with City; provided however, that Signatory Airline shall be responsible for the actions and any and all charges (incurred on behalf of Signatory Airline) of(including the payment of any activity fees incurred by) any such designated Affiliate Airline while such designated Affiliate Airline operates at the Airport on behalf of Signatory Airline. Signatory Airline must provide City with a listing in writing of all of Signatory Airline's designated Affiliate Airlines and the relationship each Affiliate Airline has with Signatory Airline (i.e., Signatory Airline is a parent corporation to Affiliate Airline; Signatory Airline is in a partnership/contract with the designated Affiliate Airline, etc.). Signatory Airline 51 shall give City thirty (30) calendar days' written notice of any change to the Affiliate Airline designation and, if such notice request removes the "affiliate" designation from an Air Transportation Company, Signatory Airline will no longer be a guarantor of that former Affiliate Airline. Signatory Airline will use "commercially reasonable" efforts to assist City in having its designated Affiliate Airlines execute an operating agreement with City. 18.21 Approvals A. Whenever this Agreement calls for approval by the City, such approval shall be evidenced by the written approval of the Director. B. Any approval required by either party to this Agreement shall not be unreasonably withheld or delayed. 18.22 Notice. A. All notices, requests, consents and approvals served or given under this Agreement shall be served or given by the parties in writing by certified mail. If intended for the City, notices shall be delivered to: Director of Aviation City of Corpus Christi 1000 International Drive Corpus Christi TX 78406 or to such other address as may be designated by the City by written notice to Signatory Airline as stipulated above. B. Notices to Signatory Airline shall be delivered in the manner set out above to: Southwest Airlines Attn: Airport Affairs PO Box 36611, HDQ-4PF 2702 Love Field Dr. Dallas, TX 75235 52 or to such other address as may be designated by Signatory Airline by written notice to the City as stipulated above. 18.23 Agent For Service. It is expressly understood and agreed that if Signatory Airline is not a resident of the state of Texas, is an association or partnership without a member or partner resident of said state, or is a foreign corporation not licensed to do business in Texas, then, in any such event, Signatory Airline shall appoint an agent for the purpose of service of process in any court action between it and the City arising out of or based upon this Agreement. Signatory Airline shall immediately notify the City, in writing, of the name and address of said agent. Such service shall be made as provided by the laws of the state of Texas for service upon a non-resident engaging in business in the state. It is further expressly agreed, covenanted and stipulated that, if for any reason, such service of process is not possible, as an alternative method of service of process, Signatory Airline may be personally served out of the state of Texas by the certified mailing of such service at the address set forth in Section 18.22. 18.24 Governing Law. This Agreement is to be read and construed in accordance with the laws of the state of Texas. The parties agree that any court of proper jurisdiction presiding in Nueces County, Texas, shall be the forum for any actions brought hereunder. 18.25 Force Maieure. Except as herein provided, neither the City nor Signatory Airline shall be deemed to be in default hereunder if either party is prevented from performing any of the obligations, other than the payment of Rentals, Fees and Charges hereunder, by reason of strikes, boycotts, labor disputes, embargoes, shortages of energy or materials, acts of God, acts of the public enemy, weather conditions, riots, rebellion, war, acts of terrorism, or sabotage, or any other circumstances for which it is not responsible or which are not within its control. 18.26 Entire Agreement. It is understood and agreed that this instrument contains the entire agreement between the parties. It is further understood and agreed by Signatory Airline and the City that the City, the City's agents, Signatory Airline and Signatory Airline's agents have made no representations or promises with respect to this Agreement or the making or entry into this Agreement except as expressly set forth and neither party shall be liable by reason of the breach of any representations or promises not expressly stated in this Agreement. Any other written or verbal agreement is expressly waived by Signatory Airline and the City. 53 ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary Keith Selman, Interim City Manager APPROVED AS TO LEGAL FORM THIS DAY OF 2018 Elizabeth Hundley, Assistant City Attorney for Miles Risley, City Attorney AIRLINE iq By: / r Name: �0 Title: ? Naoa ili(S Date: 54 RPE CORPUS CHRISTI INTERNATIONAL AIRPORT - MONO R LEGEND AIRPORT DATA TABLE PWIntmTRrrrLIP,LrP tBUL .BL1f� QR�fJ' WNW DATA TABLE IL3� 'M 56�BL6�1 .BL1f� 1 s. , KM. DECLARED INSTANCE INFO3u•,:. • CORPUS CHRISTI INTERNATIONAL AIRPORT CC ' AIRPORT LAYOUT PLAN _ EXHIBIT A ' CITY OF CORPUS CHRISTI DEPARTMENT OF AVIATION 2017 YN \TX PM)A/RD BY. CIA! NT. D.nn C5R1,E;RVSS 05,234017 PRDJPCT NC, PAM InFI 55 1024 FUT. TtfXET1NG fl 1031 FUTURE AIR.r ATO j1 1032 LI I R M CT -80 3 AMERICAN EAGLE 1030 Corpus Christi International Airport l z�\o R1 t E WI METING 12 { ton 1 EXHIBIT B LEASED SPACE SOUTHWEST AIRLINE CORPUS CHRISTI INTERNATIONAL AIRPORT 2017 AIRLINE LEASE AGREEMENT NOTE: ALL MEASUREMENTS TO DETERMINE THE AREA OF EXCLUSIVE SPACE LEASED SHALL BE FROM THE INTERIOR OF THE EXTERNAL WALLS AND FROM THE CENTERLINE TO CENTERLINE OF EACH INTERIOR WALL , OR. IN THE ABSENCE OF INTERIOR WALLS. THE POINT OF SAID CENTERLINE WOULD BE LOCATED IF SUCH INTERIOR WALL EXISTED. 1- i/ J%.''J ,SOUTHWEST r , i� :/// /�?;ff AIRLINES .', , /r, . ATO 0/ •l - F1R RE AIRLIt1E AIO 117 [ 1036 j 49 6" ATO 1,826.68 TICKETING 470.30 QUEUENG 580.52 TOTAL AREA = 2,877.50 SqFt. KEY MAP SOU WRYEST CC!A Prepared by: COELINOIr Approved by: VCONZALEZ Date: OCT -2017 Prof. Name_ 2017_1 F ASE AGREFMENN 56 Corpus Christi International Airport Southwest Ticket Counter (8 POSITIONS) o ; SHS TICS E LING 10.15 77� _ - __ I F ==J M SOUTHWEST AIRLINES } ATO �f I 49.6„ _ I SOUTHWEST ATO 1,826.68 TICKETING 470.30 EXHIBIT B2 OUEUENG 580.52 TOTAL AREA = 2,877.50 Sq- LEASED SPACE KEY MAP SOUTHWEST ATO AREA CORPUS CHRISTI INTERNATIONAL AIRPORT / 2017 AIRLINE LEASE AGREEMENT L/ soun+v�si NOTE.ALL MEASUREMENTS TO DETERMINE THE AREA OF EXCLUSIVE SPACE LEASED SHALL Prepared by BE FROM THE INTERIOR OF THE EXTERNAL _COELINQIr WALLS AND FROM THE CENTERLINE TO Approved by CENTERLINE OF EACH INTERIOR WALL,OR. 4�F � VCONZALEZ IN THE ABSENCE OF INTERIOR WALLS,THE i c Date POINT OF SAID CENTERLINE WOULD BE ' OCT-2017 LOCATED IF SUCH INTERIOR WALL EXISTED. Prol Name: 2017_!-U,5E„AGREE:'c•'JT 57 Corpus Christi International Airport 9,_2» 15_0„ SOUTHWE ST STORAGE/OPS (419 SF) _ = (WET STO.) (DRY STO.) - - EXHIBIT B3 LEASED SPACE SOUTHWEST OPS AREA KEY MAP CORPUS CHRISTI INTERNATIONAL AIRPORT 2017 AIRLINE LEASE AGREEMENT SOUTHWEST NOTE:ALL MEASUREMENTS TO DETERMINE THE AREA OF EXCLUSIVE SPACE LEASED SHALL - ---- - -- Prepared by. BE FROM THE INTERIOR OF THE EXTERNAL COELINO)t WALLS AND FROM THE CENTERLINE TO tiAa Approved by CENTERLINE OF EACH INTERIOR WALL,OR. VGONZALEZ IN THE ABSENCE OF INTERIOR WALLS,THE Date: POINT OF SAID CENTERLINE WOULD BE OCT-2017 LOCATED IF SUCH INTERIOR WALL EXISTED. Proj.Nanw --- 2017_ USE_AGREENENTS 58 Corpus Christi International Airport 27'-10" SOUTHVrEST HOLDROOM 2os2 : SOUTHWEST AIRLINE HOLDROOM co 2293.47 S4. FT. FLOOR AREA= 2,293.47 SF I EXHIBIT B4 LEASED SPACE I SOUTHWEST HOLDROOM CORPUS CHRISTI INTERNATIONAL AIRPORT I2017 AIRLINE LEASE AGREEMENT NOTE:ALL MEASUREMENTS TO DETERMINE THE IAREA OF EXCLUSIVE SPACE LEASED SHALL BE FROM THE INTERIOR OF THE EXTERNAL WALLS AND FRO.e1 THE CENTERLINE TO I CENTERLINE OF EACH INTERIOR WALL,OR. IN THE ABSENCE OF INTERIOR WALLS,THE POINT OF SAID CENTERLINE WOULD BE LOCATED IF SUCH INTERIOR WALL EXISTED. IKEY MAP SOUTHWEST ID DPrepared by CGELINOIr Apprnved by VCONZALEZ Date OCT-2017 Proi.Name. - - 20I7t.EASE_AGREEMENTS 59 Corpus Christi International Airport 11��Tr r � j i a I EXHIBIT LEASED SPACE SECURITY CHECKPOINT SECURITY CHECKPOINT TOTAL FLOOR AREA=3,271 SF CORPUS CHRISTI INTERNATIONAL AIRPORT KEY MAP 2017 AIRLINE LEASE AGREEMENT SECURITY CHECKPgtiT NOTE:ALL MEASURE`AENTS TO DETERMINE THE AREA OF EXCLUSIVE SPACE LEASED SHALL BE FROM THE INTERIOR OF THE EXTERNAL Prepared by- 11VALLS AND FROM THE CENTERLINE TO COELINO)v CENTERLINE OF EACH INTERIOR WALL,OR. ati�� Approved by IN THE ABSENCE OF INTERIOR WALLS,THE >t9 �;� VGOy7_ALEZ Dare POINT OF SAID CENTERLINE WOULD BE OCT-2017 LOCATED IF SUCH INTERIOR WALL EXISTED. Pr�r Name. 2017 LEASE-ACREE'YEf-JT5 60 10T-4" BAGGAGE CLAIM 4102.31 SF 1 BAGGAGE BREAK -DOWN 1900.22 SF Corpus Christi International Airport — EXHIBIT B6 LEASED SPACE BAGGAGE CLAIM AREA CORPUS CHRISTI INTERNATIONAL AIRPORT 2017 AIRLINE LEASE AGREEMENT NOTE: ALL MEASUREMENTS TO DETERMINE THE AREA OF EXCLUSIVE SPACE LEASED SHALL BE FROM THE INTERIOR OF ENE EXTERNAL WALLS AND FROM THE CENTERLINE TO CENTERLINE OF EACH INTERIOR WALL , OR, IN THE ABSENCE OF INTERIOR WALLS. THE POINT OF SAID CENTERLINE WOULD BE LOCATED IF SUCH INTERIOR WALL EXISTED. BAGGAGE CLAIM AREA / BAGGAGE BREAK -DOWN 4,102.31 SF 1,900.22 SF TOTAL FLOOR AREA = 6,002.53 SF KEY MAP BAGGAGE CLAM Prepared by. Ap;>iov - J by Dace COELINOIr VGONZALEZ OCT -2017 Pru) Name 2017i F Ae1-, A':11f. E `Aft.l c> 61 GATE 3A 30,92.82 S.F. Ce.AfTmEHTK. tor \ To \ GATE 2 28,036,35 S.F. 11112114" 111 1' 1.1,13.-11 GATE 33,880-91 S _ Corpus Christi International Airport - 4P ?I ;',,-44.4: v 1_1....• • "1', 'ii..... r'Jllb .10" ,Lr il • , AufaxiN GATE 38 30,898 .92 S.F. E12'-0" SOUTI-DITEST EKTENOED APRON, 3,60-1 sr Lr EXHIBIT 87 B7 LEASED APRON SPACE SOUTHWEST AIRLINES CORPUS CHRISTI INTERNATIONAL AIRPORT 2017AIRLINE LEASE AGREEMENT GATE 5 31,773.67 S.F. ElitrEgfillaai$1=A0ti autic T" --"d jiro5 1111 I =2.01_1 114 ezA p -gr 737 1,•)41TED MD.-&, 737„ ' IX- ----aa- 1.041TET1 All.ERICAN AWNS CA3I 0141,.E AIR- r, -MA MI thrpared 14JOIC'erd IFY Dow COL.1)40)ft vcoetzALE2 OCT -2017 flial Nair*. 2017.1..1MA ALAI I MtAlt; 62 P r' � • r .. _ ' .✓ / i / -- AMERICAN E. GSE Storage (AREA = 2,427 SF) UNITED GSE Storage (AREA = 3,818 SF) Corpus Christi international Airport — 4 4 -- SOUTHWEST GSE Storage (AREA = 3,684 SF) EXHIBIT B8 LEASED APRON SPACE GSE STORAGES CORPUS CHRISTI INTERNATIONAL AIRPORT 2017 AIRLINE LEASE AGREEMENT t+,.lurfd ew (IIUD4O» Al-Ogored by VCONZ4LEZ OCT -2017 Not Nhd14, 63 _1 •,- , : ..----,.. ..'7L ‘.-:•‘:!-- 'I- P.- ':.., - '.t - - ! 1 4 : I , „ .j • ill.,L )7, • 1 . 1 . ) 1 ii 1 . ' . , 1 r I 1 n.-..i.t .FI _ i r __I 11 • i.111 LT; , . • - - - L._ CC! A CORPUS CHRISTI INTERNATIONAL AIRPORT 711-4:1 , ) :77 1 ...1Lti 11 EXHIBIT B9 GROUND FLOOR LEVEL TOTAL FLOOR AREA 91,477 SqFt CCIA 25,637.77 SqFt FIS 15,263.54 SqFt PUBLIC COMMON USED 22,115.98 SqFt TSA 4,952.33 SqFt AIRLINES COMMON USED 6,002.53 SqFt AMERICAN AIRLINE 2,198.57 SqFt SOUTHWEST AIRLINE 3,296.50 SqFt UNITED AIRLINE 2,837.71 SqFt FUTURE AIRLINES 6,873.50 SqFt RENTAL CARS 2,298.57 SqFt 64 CC! A CORPUS CHRISTI INTERNATIONAL AIRPORT OPEN FROM ABOVE I u - dt=7;1:-,i4J OPEN FROM ABOVE 11 LL -Ta idel 1 rF F=' ! -711111.1- e ei EXHIBIT B10 SECOND FLOOR LEVEL TOTAL FLOOR AREA 54,278 SqFt CCIA 14,744.30 SqFt PUBLIC COMMON USED 17,023.51 SqFt TSA OPS 2,969.00 SqFt AIRLINES COMMON USED 3,271.00 SqFt AIRLINE HOLDROOMS 9,690.92 SqFt (American, Southwest S. United + CCIA Ground Load/Jot Bridge) FOODS & RETAIL 5,456.10 SqFt FIS COMMON AREA 1,123.17 SqFt 65 EXHIBIT C (Reserved) 66 EXHIBIT D DESIGNATION OF RESPONSIBILITIES FOR OPERATION AND MAINTENANCE AIRLINE PREFERENTIAL USE SPACE 1 AIRLINE JOINT USE Ticket Offices & Airline Security Counters and Baggage Operations Baggage Claim Baggage Loading Queue Area Makeup Area & Conveyor Screening Gates Checkpoint Bridges Apron Area 1. Air Conditioning a. Maintenance C C C C C C C C N/A b. Operation C C C C C C C C N/A c. Distribution C C C C C C C N/A N/A 2. Heating a. Maintenance C C C C C C C C N/A b. Operation C C C C C C C C N/A c. Distribution C C C C C C C N/A N/A 3. Lighting a. Bulb & Tube Replacement C A A C C C C C C b. Maintenance C C C C C C C C C 4. Electrical Maintenance C C C C C C C C C 5. Water a. Distribution N/A C C C C N/A N/A C C b. Fixtures N/A A A C C N/A N/A C C 6. Sewage a. Distribution N/A C C C C C N/A N/A N/A b. Fixtures N/A A A C C C N/A N/A N/A 7. Maintenance a. Other than Structure A A A C C C C C N/A b. Structure C C C C C C C C C c. Exterior C C C C C C C C A 8. Custodial Service C A A C C C C C A 9. Window Cleaning a. Exterior N/A C C C C C N/A C N/A b. Interior N/A A A C C C N/A C N/A NOTES: A - AIRLINE, C - CITY, N/A - NOT APPLICABLE. NEW CONSTRUCTION AND DAMAGE REPAIR ARE NOT SUBJECT TO THIS MATRIX AND SHALL BE GUIDED BY THE LEASE DOCUMENT. 67 cclEXHIBIT E CORPUS CHRISTI INTERNATIONAL AIRPORT MONTHLY STATISTICAL REPORT AIRLINE: ACTIVITY FOR MONTH OF: ACUTAL TOTAL NON TOTAL AIRCRAFT AIRCRAFT NUMBER OF CHARTER LANDING SIGNATORY SIGNATORY LANDING FEE TYPE WEIGHT LANDINGS LANDINGS DIVERSIONS WEIGHT RATE RATE DUE C700 67,000 0 $ E135 40,785 0 $ E140 41,226 0 $ E145 43,651 0 $ AT72-212 47,068 0 $ AT72-212A 49,273 0 $ A319S 0 $ ERJ 41,226 0 $ LRJ 43,651 0 $ SLJ 40,785 0 $ XRJ 44,092 0 $ - 737-500 110,000 0 $ 737-300 114,000 0 $ 737-700 128,000 0 $ 737-800 144,000 0 $ - 737-900 146,900 0 $ 757-200 198,000 0 $ 757-300 224,000 0 $ EMB-190 97,000 0 $ CE-208B 8,500 0 $ MD-82 130,000 0 $ MD-83 139,500 0 $ - MD-87 128,000 0 $ B 737-400 $ TOTAL TOTAL LANDING LANDINGS 0 WEIGHT 0 Total $ TOTAL SEATS AVAILABLE PER USE NUMBER OF (TURN)FEE PER TURNS RATE Signatory Gate Use Fee $ Signatory RON(Runway Overnight Parking) $ Non-Signatory Per Turn Charge $ Non-Signatory RON $ ENPLANED REV PASSENGERS DEPLANED REV PASSENGERS ENPLANED NON REV PASSENGERS DEPLANED NON REV PASSENGERS TOTAL ENPLANED PASENGERS 0 TOTAL DEPLANED PASENGERS 0 CARGO: MAIL FREIGHT TOTAL DUE TO CRP S ENPLANED(OUTBOUND) Prepared/Approved by: DEPLANED(INBOUND) TOTAL POUNDS 0 0 Date 68 EXHIBIT F (Reserved) 69 EXHIBIT G (for illustrative purposes only) AVIATION ACTIVITY CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Budget 2017-18 Enplaned Passengers: American 127,300 Southwest 117,473 United 95,965 Charters 2,438 Total 343,176 Aircraft Operations: American 2,219 Southwest 1,346 United 2,012 Charters 38 Total 5,616 Aircraft Landed Weight (1000 -Ib units): American 133,877 Southwest 166,712 United 97,791 Charters 5,266 Total 403,646 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Model • 30 FINAL v2 - Exhibit G.xlsx Page 1 of 16 70 7/2/2018 EXHIBIT G (for Illustrative purposes only) CURRENTTERMINAL SPACE (s.1.) CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Budget 2017-18 Terminal Soece: ATO/Bag Belt: American 1,104 Southwest 1,827 United 1,362 Vacant (Incl TM Cu, ATO, Bag Bea) 6,874 Total ATO/Bag Belt 11,166 Ticketing American 296 Southwest 470 United 365 Total Ticketing 1,131 Queueing: American 351 Southwest 581 United 296 Total Queueing 1,227 Oos; American 448 Southwest 419 United 601 Total Ops 1,468 Ncl American 0 Southwest 0 United 214 Total BSO 214 Holdroom: American 2,064 Southwest 2,293 United 2,310 Vacant/Ground Loading (Gates 1, 4, 6) 3,023 Total Holdroom 9,691 Airline Exclusive/Preferentlal Space: American 4,263 Southwest 5,590 United 5,147 Vacant 9,897 Total Exclusive/Preferential Space IA) 24,897 Aid ln eloint Use: Baggage Claim Public 4,102 Baggage Claim Tug Drive 1,900 Security Checkpoint 4,505 1'03.1101nt Use Space IB) 10,507 Total Airline Span (Cs.A+B) 35,404 1E55: Aldine Vacant Space (9,897) Total Airline leased Space 25,507 Other Terminal Space: Concession 5,456 Rental Car Counters/Offices 2,299 TSA Offices 6,687 Administrative Offices 14,744 Public Common Used 39,139 Other 42,025 Total Other Terminal Span ID) 110,351 Total Terminal Space IE=C+D) 145,755 Amounts may not add due torounding. Source:Airport management reco rdt 20 1.<10 fmmiell.loda• 30 INAL • .11.110 Paget of 18 EXHIBIT G (for illustrative purposes only) DEBT SERVICE CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Budget 2017-18 Total [A] $ 631,601 Percent Allocatated: Airfield [B] 59.8% Terminal Building and Area [C] 23.5% Parking and Ground Transportation [D] 8.9% Other [E] 7.8% Total 100.0% By Cost Center: Airfield [F=A*B] $377,545 Terminal Building and Area [G=A*C] 148,615 Parking and Ground Transportation [H=A*D] 56,180 Other [I=A*E] 49,261 Total [J=F+G+H+I] $631,601 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Model - 30 FINAL v2 - Exhibit G.xlsx Page 3 of 16 72 7/2/2018 EXHIBIT G (for illustrative purposes only) OPERATING EXPENSES CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Budget 2017-18 By Category: Personnel $ 3,461,457 Benefits $ 1,594,857 Supplies and Equipment $ 467,530 Contract Services $ 853,541 Utilities $ 636,000 Maintenance and Repairs $ 399,373 Administrative $ 567,631 Insurance $ 331,050 Total [A] $ 8,311,439 Percent Allocatated: Airfield [B] 21.5% Apron [C] 2.4% Terminal Building and Area [D] 45.5% Parking and Ground Transportation [E] 20.2% Aviation [F] 5.1% Non -Aviation [G] 5.2% Total 100.0% By Cost Center: Airfield [H=A*B] $ 1,788,449 Apron [I=A*C] $ 198,717 Terminal Building and Area [J=A*D] $ 3,781,782 Parking and Ground Transportation [K=A*E] $ 1,679,967 Aviation [L=A*F] $ 426,332 Non -Aviation [M=A*G] $ 436,192 Total $ 8,311,439 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Model - 30 FINAL v2 - Exhibit G.xlsx Page 4 of 16 73 7/2/2018 EXHIBIT G (for Illustrative purposes only) CIP FUNDING PLAN (Fiscal Years Ending September 30) Protect Name Estimated CORPUS CHRISTI INTERNATIONAL AIRPORT Funding Sources Year Project Cost Actuals Variance Entitlement Discretionary CFCs Local (non PFCs) Local (PFCs) Other (3rd Party, etc) Rehabilitate Terminal Air Carrier Apron (Taxilane), Area Al, (Construction) 1/1/2017 3,333,333 0 3,333,333 $ - $ 3,000,000 $ - $ 333,333 $ $ Rehabilitate Terminal Air Carrier Apron (Taxilane), Area A2, (Plans & Specs.) 1/1/2017 361,111 0 361,111 $ 325,000 $ - $ - $ 36,111 $ - $ Rehabilitate East GA Apron, Areas A5, A6 & A7, (Construction) 1/1/2017 3,972,222 0 3,972,222 $ 1,875,000 $ 1,700,000 $ - $ 397,222 $ $ Rehabilitate East GA Apron, Areas A8 & A9 (Plans & Specs.) 1/1/2017 333,333 0 333,333 $ 300,000 $ - $ • $ 33,333 $ $ 2016.17 Subtotal $ 7,999,999 $ - $ 7,999,999 $ 2,500,000 $ 4,700,000 $ $ 800,000 $ - $ Rehabilitate Terminal Air Carrier Apron (Taxilane), Area 2 (Construction) 1/1/2018 5,972,222 0 5,972,222 $ 1,375,000 $ 4,000,000 $ $ 597,222 $ - $ Rehabilitate Terminal Air Carder Apron (Taxilane), Area 3 (Plans & Specs.) 1/1/2018 361,111 0 361,111 $ 325,000 $ - $ $ 36,111 $ - $ Rehabilitate East GA Apron, Areas A8 & A9 (Construction) 1/1/2018 4,277,778 0 4,277,778 $ 600,000 $ 3,250,000 $ $ 427,778 $ - $ Rehabilitate East GA Apron, Area A10 (Plans & Specs.) 1/1/2018 222,222 0 222,222 $ 200,000 $ - $ $ 22,222 $ - $ 2017-18 Subtotal $ 10,833,333 $ • $ 10,833,333 $ 2,500,000 $ 7,250,000 $ • $ 1,083,333 $ $ Rehabilitate Terminal Air Carrier Apron (Taxilane), Areas 3 (Construction) 1/1/2019 6,333,333 0 6,333,333 $ 1,700,000 $ 4,000,000 $ - $ 633,333 $ - $ Rehabilitate East GA Apron, Area A10, (Construction) 1/1/2019 2,222,222 0 2,222,222 $ - $ 2,000,000 $ - $ 222,222 $ - $ Improve Terminal Building, Phase I (Building Assessment)//CRP Funded [$250,000] 1/1/2019 0 0 0 $ - $ - $ - $ - $ - $ CRP's Entitlement Reimbursement (FY -2020//$250,000] 1/1/2019 0 0 0 $ - $ - $ - $ - $ - $ Acquire 1500 Gallon ARFF Vehicle 1/1/2019 888,889 0 888,889 $ 800,000 $ - $ - $ 88,889 $ - $ 2018.19 Subtotal $ 9,444,444 $ - $ 9,444,444 $ 2,500,000 $ 6,000,000 $ - $ 944,444 $ - $ FY-2020//Improve Terminal Building, Phase II (Assessment, Plans & Specs.) 1/1/2020 1,388,889 0 1,388,889 $ 1,250,000 $ - $ - $ 138,889 $ - $ FY-2021//Improve Terminal Building, Phase III [Construction//$10.0M (est.)//CRP Funded] 1/1/2020 4,166,667 0 4,166,667 $ 3,750,000 $ - $ - $ 416,667 $ $ CRP's Entitlement Reimbursements ]FY(s)- 2022, 2023, and 2024] 1/1/2020 8,333,333 0 8,333,333 $ 7,500,000 $ - $ - $ 833,333 $ - $ 2019. 2024 Subtotal $ 13,888,889 $ - $ 13,888,889 $ 12,500,000 $ - $ $ 1,388,889 $ • $ Total Project Costs Please Note: ATO May Request Relocation of ASR -11 Due to Line -Of -She Problems (RWY 13 End) $ 42,166,665 $ - $ 42,166,665 $ 19,999,999 $ 17,949,999 $ $ 4,216,667 $ $ Note: Amounts may not add due to rounding. Source: Airport management records Page 5 of 16 74 7z,q,e EXHIBIT G (for illustrative purposes only) NON -AIRLINE REVENUE CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Budget 2017-18 Non -Airline Operating Revenue by Cost Center: Airfield: Fuel flowage fees $ 90,065 Security service $ 321,360 Total Airfield Aoron: RON Fees [A] $ 411,425 IB1 $ 1,000 Terminal Building and Area: Resale - Electric Power - Term $ 60,000 Airline Janitorial Services $ 40,450 Gift shop concession $ 115,500 Restaurant concession $ 170,268 Automated teller machines $ 12,000 Advertising space concession $ 60,000 Airport Badging Fees $ 36,950 TSA -Check Point Fees $ 87,600 Terminal Space Rental -other $ 500,436 Trash hauling - caterer $ - Other revenue $ 1,000 Total Terminal Building and Area [C] $ 1,084,204 Parking and Ground Transportation: Parking lot $ 1,387,586 Premium Covered Parking $ 808,977 Auto rental concession $ 1,433,496 Parking fines -Airport $ - Rent -a -car parking $ 59,760 Rent -a -car Security Fee $ 262,824 Ground transportation $ 69,660 Total Parking & Ground Transportation [D] $ 4,022,303 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Model - 30 FINAL v2 - Exhibit G.xlsx Page 6 of 16 75 72/2018 EXHIBIT G (for illustrative purposes only) NON -AIRLINE REVENUE (con't) CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Budget 2017-18 Aviation: Fixed based operator revenue $ 534,000 Cargo Facility Rental $ 29,364 Total Aviation [E] $ 563,364 Non -Aviation: Rent - commercial non -aviation $ 72,504 Agricultural leases $ 71,414 Gas and oil sales $ 7,056 Oil and gas leases $ 10,800 Total Non -Aviation [F] $ 161,774 By Cost Center: Airfield [A] $ 411,425 Apron [B] $ 1,000 Terminal Building and Area [C] $ 1,084,204 Parking and Ground Transportation [D] $ 4,022,303 Aviation [E] $ 563,364 Non -Aviation [F] $ 161,774 Total Non -Airline Operating Revenue [G] $ 6,244,070 Non -Operating Revenue: Interest on investments $ 16,800 Tenant Maintenance Services $ Net Inc/Dec in Fair Value of Investment $ Sale of scrap/city property $ 3,250 Purchase discounts $ 3,000 Total Non -Operating Revenue [H] $ 23,050 Total Non -Airline Revenue [I=G+H] $ 6,267,120 Interfund Contributions: Interdepartmental Services [J] $ 48,000 Transfer from other Fund [K] $ 22,806 Total Non -Airline Revenue and Interdepartmental Contributions [L=1+1+K] $ 6,337,926 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Model - 30 FINAL v2 - Exhibit G.xlsx Page 7 of 16 76 7/2/2018 EXHIBIT G (for illustrative purposes only) LANDING FEE AND REVENUE CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Airfield Requirement: Operating Expenses Debt Service Capital Outlay Budget 2017-18 $ 1,788,449 $ 377,545 Total Requirement [A] $ 2,165,994 Adjustments: Apron Credit $ GSE Storage Credit $ 16,131 Net Airfield Requirement: $ 2,149,864 Required Landing Fee (no subsidy applied) $ 5.33 Airfield Credits: Non -Signatory Airline Landing Fees $ - Non -Airline Revenue $ 411,425 Total Airfield Credits [B] $ 411,425 Net Airfield Requirement (airfield credits applied) [C=A -B] $ 1,738,439 Landed Weight (1000 -Ib units): [D] 403,646 Landing Fee Rate (without addl subsidy applied) [E=C/D] $ 4.31 Discretionary Revenue Applied [F] $ 533,152 Net Airfield Requirement [G=C -F] $ 1,205,286 Revised Landing Fee Rate [H=G/D] $ 2.99 Total Landing Fee Requirement [I=D*H] $ 1,205,286 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Model - 30 FINAL v2 - Exhibit G.xlsx Page 8 of 16 77 7/2/2019 EXHIBIT G (for illustrative purposes only) AIRCRAFT PARKING APRON AREA AT TERMINAL (s.f.) CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Year Ending September 30) Budget 2017-18 Apron Requirement: Operating Expenses $ 198,717 Debt Service $ - Capital Outlay Total Requirement [A] $ 198,717 Apron Credits: RON Fees [B] $ 1,000 Net Apron Requirement [C=A -B] $ 197,717 Preferential Use Apron Area Leased [D] 121,702 Apron Fee (per s.f.) [E=C/D] $ 1.62 Total Apron Fee Revenue [F=D*E] $ 197,717 Apron Revenue: American $ 51,619 Southwest $ 45,548 United $ 100,549 Total Apron Fee Revenue by Carrier $ 197,717 Amounts may not add due to rounding. Source: Airport Management records. 2018 CRP Financial Model - 30 FINAL v2 - Exhibit G.xlsx Page 9 of 16 78 71212018 EXHIBIT G (for illustrative purposes only) GSE STORAGE AREA CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Budget 2017-18 Airline Rented (sf): American [A] 2,427 Southwest [B] 3,684 United [C] 3,818 Total S.F. Airline Rented 9,929 GSE Rate [D] $1.62 Airline GSE Revenue: American [E=A*D] $ 3,943 Southwest [F=B*D] $ 5,985 United [G=C*D] $ 6,203 Total GSE Revenue $ 16,131 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Model - 30 FINAL v2 - Exhibit G.xlsx Page 10 of 16 79 7/2/2018 EXHIBIT G (for illustrative purposes only) TERMINAL RENTAL RATE AND REVENUE CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Terminal Requirement: Operating Expenses Debt Service Capital Outlay Apron Allocation Total Terminal Requirement Required Terminal Rate (no subsidy applied) Budget 2017-18 $ 3,781,782 $ 148,615 [A] $ 3,930,396 $ 154.09 Terminal Credits: Non -Airline Revenue $ 1,084,204 Gate Fee Revenue $ 43,410 Federal lnspection Services $ Total Terminal Credits [B] $ 1,127,614 Total Airline Terminal Requirement (no Subsidy) [C=A -B] $ 2,802,782 Airline Leased Premises [D] 25,507 Terminal Rate (terminal credits applied/no addl subsidy) [E=C/D] $ 109.88 Gross Airline Terminal Revenue (no Subsidy) $ 2,802,782 Discretionary Revenue Applied Net Airline Terminal Revenue Effective Terminal Rate (with addl subsidy applied) Exclusive/Preferential Airline Rented Space Joint Use Space Terminal Revenue: Exclusive/Preferential Space Joint Use Space Total Terminal Revenue [F] $ 533,469 [G=C -F] $ 2,269,314 [H=G/D] $ 88.97 [I] 15,000 [J] 10,507 25,507 [K=H*I] $ 1,334,532 [L=H*1] $ 934,782 [M=K+L] $ 2,269,314 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Model • 30 FINAL v2 - Exhibit Galax Page 11 of 16 80 7/2/2018 EXHIBIT G (for illustrative purposes only) GATE USE FEE CALCULATION CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Budget 2017-18 Total Gate Use Fee Requirement Effective Terminal Rate (with addl subsidy applied) [A] $ 88.97 Holdroom Space (sf) [B] 9,691 Total Holdroom Requirement [C=A*B] $ 862,177 Apron Requirement [D] $ 197,717 Total Gate Use Fee Requirement [E=C+D] $ 1,059,894 Total Annual Commercial Passenger Operations Average Signatory Gate Use Fee Per Operation Average Non -Signatory Gate Use Fee Per Operation All Gate Signatory Operations All Gate Non -Signatory Operations All Gate Signatory Revenues All Gate Non -Signatory Revenues Total Gate Revenues [F] 5,616 [G=E/F] $ 188.74 [H] $ 235.92 [I] 200 [J] 24 [K= G*1] $ 37,748 [L=H*J] $ 5,662 [M=K+L] $ 43,410 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Model - 30 FINAL V2 - Exhibit G.dsx Page 12 of 16 EXHIBIT G (for illustrative purposes only) CORPUS CHRISTI INTERNATIONAL AIRPORT CALCULATION OF NET REVENUE AVAILABLE TO SHARE (Fiscal Years Ending September 30) Budget 2017-18 Revenue: Net Landing Fee Revenue (before subsidy) $ 1,738,439 Apron Fee Revenue 197,717 GSE Storage Fee Revenue 16,131 Terminal Rental Revenue (before subsidy) 2,802,782 Non -Airline Revenue: Airfield 411,425 Apron Fee Revenue 1,000 Terminal Building & Area 1,084,204 Parking and Ground Transportation 4,022,303 Aviation 563,364 Non -Aviation 161,774 Non Operating Revenue 23,050 Interfund Contributions 70,806 Total Revenue [A] $ 11,092,994 Operating Expense: Airfield $ 1,788,449 Apron 198,717 Terminal Building & Area 3,781,782 Parking & Ground Transportation 1,679,967 Aviation 426,332 Non -Aviation 436,192 Total Operating Expense Debt Service: Airfield Terminal Building & Area Parking & Ground Transportation Other Total Debt Service Total Airport Capital Expense Total Expense (including Debt Service) Amount Available to Share (after local CIP match) Terminal Upgrade Reserve [B] $ 8,311,439 $ 377,545 148,615 56,180 49,261 [C] $ 631,601 [D] $ 1,083,333 [E=B+C] $ 8,943,040 [F=A -D -E] $ 1,066,621 [G] $ Adjusted Available to Share [H=F-G] $ 1,066,621 2018 CRP Financial Model - 30 FINAL v2 - Fxhlbit G.xlsx Page 13 of 16 82 7nrz018 EXHIBIT G (for illustrative purposes only) COST PER ENPLANED PASSENGER CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Budget 2017-18 Airline Revenue: Landing Fees 1,205,286 Terminal Rentals 2,269,314 Apron Revenue 197,717 GSE Storage 16,131 Total Airline Revenue [A] $3,688,447 Enplaned Passengers [B] 343,176 Cost per Enplaned Passenger [C=A/B] $10.75 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Model - 30 FINAL v2 - Exhibit G.xlsx Page 14 of 16 83 7/2/2018 88.97 $ 934,782 1 EXHIBIT G (for illustrative purposes only) AIRLINE RATES SUMMARY (Fiscal Years Ending September 30) Landing Fee (per 1,000 lbs./ American Southwest United Charters CORPUS CHRISTI INTERNATIONAL AIRPORT Budget 2017-18 Landed Weight Rate Total 133,877 $ 2.99 $ 399,756 166,712 $ 2.99 $ 497,802 97,791 $ 2.99 $ 292,003 5,266 $ 2.99 $ 15,725 ITotalLanding Fees 403,646 $ 1,205,286 I Terminal Rent (Exclusive/Preferential Ticket Counter/ATO/BSO/queueing/Bag Belt: American Southwest United Vacant Ops: American Southwest United Holdroom: American Southwest United Vacant Apron: American Southwest United GSE Storage: American Southwest United S.F. Rate Total 1,751 $ 88.97 $ 155,762 2,878 $ 88.97 5 256,004 2,237 $ 88.97 $ 198,995 6,874 $ 88.97 448 $ 88.97 $ 39,840 419 $ 88.97 $ 37,277 601 $ 88.97 $ 53,469 2,064 $ 88.97 $ 183,656 2,293 $ 88.97 $ 204,044 2,310 $ 88.97 $ 205,485 3,023 $ 88.97 31,774 $ 1.62 $ 51,619 28,036 $ 1.62 $ 45,548 61,892 $ 1.62 $ 100,549 2,427 $ 1.62 $ 3,943 3,684 $ 1.62 $ 5,985 3,818 $ 1.62 $ 6,203 1Total Exclusive/Preferential 156,528 $ 1,548,379 (Joint Use Bog Claim Public: American Southwest United Unscheduled Total Bag Claim Public Bag Claim Tunnel: American Southwest United Unscheduled Total Bag Claim Tunnel Security Checkpoint: American Southwest United Unscheduled Total Security Checkpoint S.F. Percentage Total Using 100% Joint Use Scenario 37.1% $ 135,375 34.2% $ 124,925 28.0'% $ 102,052 0.7% 5 2,592 4,102 $ 88.97 $ 364,945 37.1% $ 62,704 34.2% $ 57,864 28.0°% 5 47,269 0.7% $ 1,201 1,900 $ 88.97 $ 169,038 37.1% 5 148,675 34.2% $ 137,199 28.0% $ 112,078 0.7% $ 2,847 4,505 $ 88.97 5 400,799 'Total Joint Use 10,507 5 (Total Exclusive/Preferential &Joint Use Fees 167,035 $ 2,483,161 Page 150116 84 $ 3,688,4471 EXHIBIT G )for Illustrative purposes only) AIRLINE RATES SUMMARY (coni) CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Summary by Airline: !Landing Fees: American Southwest United Unscheduled !Exclusive/Preferential: American Southwest United Vacant Total Preferential Joint Use: American Southwest United Unscheduled Total Joint Use Budget 2017-18 $ 399,756 $ 497,802 $ 292,003 $ 15,725 $ 1,205,286 $ 434,819 $ 548,859 $ 564,701 $ 1,548,379 $ 346,754 $ 319,988 $ 261,400 $ 6,640 $ 934,782 Total Landlnp & Terminal Rental Fees Amounts may not add due to rounding. Source: Airport management records Page 180116 85 [name se GO O Va. AGENDA MEMORANDUM First Reading for the City Council Meeting of September 18, 2018 Nc1852Ev Second Reading for the City Council Meeting of September 25, 2018 DATE: August 23, 2018 TO: Keith Selman, Interim City Manager FROM: Mark Van Vleck, Assistant City Manager markvv@cctexas.com 826-3082 Lawrence Mikolajczyk, Director, Solid Waste Operations LawM@cctexas.com 826-1972 Ordinance — Solid Waste Rate Increase FY 2018-2019 CAPTION: Ordinance amending the Corpus Christi Code of Ordinances, Chapter 21, Section 40, to increase collection fees for solid waste. PURPOSE: To increase the monthly Solid Waste collection charges to offset capital improvements and operating costs. BACKGROUND AND FINDINGS: The Proposed FY 2018-2019 Solid Waste revenues include estimated revenues generated with a proposed rate increase of a $2.21 to monthly residential and commercial solid waste charges. The fee increase will offset anticipated cost increases for the landfill operations, air monitoring contracts, construction of a landfill disposal cell, new/replacement refuse and recycle carts, and programmed contractual increases based on changes in the consumer price index. The last rate increase to monthly solid waste charges was effective January 31, 2011 to fund components of the single-stream recycling program. ALTERNATIVES: Not amending the Code of Ordinances OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to the City of Corpus Christi Code of Ordinances. EMERGENCY / NON-EMERGENCY: Not applicable DEPARTMENTALCLEARANCES: Solid Waste Operations FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 0.00 $2,262,496.00 $2,262,496.00 BALANCE 0.00 $2,262,496.00 $2,262,496.00 Fund(s): Comments: Rate changes will generate additional estimated revenue of $512,496 for capital improvements, $1 ,227,000 for the landfill air monitoring and operations, $457,000 for new and replacement refuse/recycling carts, and $66,000 for contractual costs resulting from increases in the consumer price index. RECOMMENDATION: Approval of the Ordinance as submitted. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending the Corpus Christi Code, Chapter 21, Section 40, to in- crease collection fees for solid waste. SECTION 1. Chapter 21, Sections 40(a)(15) and (17) only of the Corpus Christi Code of Ordinances are amended by increasing the fee amounts to read as follows: "Sec. 21-40. - Charges—For collection services within the City of Corpus Christi. "(a) The following charges apply to the collection of solid waste from Solid Waste Operations Department customers located within the limits of the City of Corpus Christi. In addition to the charges listed below, each customer is liable for any applicable federal/state surcharges or fees specified in section 21-20 and state and city taxes. The charges for collection services are: Type Description Minimum Charge Per Month or Fraction Thereof Collection (15) Improvements to solid waste services $849$2.39 per month (17) Solid waste capital improvements $4-.98$1.50 per month (b) xx � << SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every portion or provision of this ordinance be given full force and effect for its purpose. SECTION 3. The City Secretary is directed to publish this ordinance in the official newspaper of the City of Corpus Christi in accordance with the requirements of the City Charter and State law. SECTION 4. This ordinance takes effect October 1 , 2018. The foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Mayor Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel The foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Mayor Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor s SERVICES Solid Waste Proposed FY 2018-2019 Rate Increase Council Presentation ,.� September 18, 2018 ff=P%9f AA FY 2018-2019 Rate Increase `` F SERVICES The proposed increase is $2.21 to monthly residential and commercial solid waste utility accounts. The last rate increase to monthly solid waste fees was effective January 31, 2011, to fund the single-stream recycling program. ff=P%9f AA FY 2018-2019 Rate Increase `` F SERVICES Rate changes will generate additional revenue: $0.50 Cefe cell construction $ 512,496 $1.20 Landfill contracts * $ 1,227,000 $0.45 New and replacement carts $ 457,000 $0.06 Contractual increases based on CPI annual rates $ 66,000 $2.21 $ 2,262,496 * Operations, air monitoring, gas collection systems. FY 2018-2019 Rate Increase SERVICES Current Fee Adjusted Residential Collection Rate Increase Rate Single Family $16.91 $16.91 Recycling Education 0.25 $0.25 Improvements to Solid Waste Services 0.68 $1.71 $2.39 Solid Waste Capital Improvements 1.00 $0.50 $1.50 Subtotal -Solid Waste Base Fee $18.84 $2.21 $21.05 Municipal Solid Waste System Service Charge $3.42 $3.42 State Disposal Fee 0.20 0.20 Sales Taxes 1.85 $0.18 2.03 $24.31 $2.39 $26.70 Commercial Collection Commercial Account $33.82 $33.82 Recycling Education 0.25 $0.25 Improvements to Solid Waste Services 0.68 $1.71 $2.39 Solid Waste Capital Improvements 1.00 $0.50 $1.50 Subtotal -Solid Waste Base Fee $35.75 $2.21 $37.96 Municipal Solid Waste System Service Charge $4.17 $4.17 State Disposal Fee 0.20 0.20 Sales Taxes 3.31 $0.18 3.49 $43.43 $2.39 $45.82 FY 2018-2019 Rate Increase SERVICES Questions? se o� Va. v AGENDA MEMORANDUM NORROPpEO First Reading Ordinance for the City Council Meeting of September 18, 2018 1852 Second Reading Ordinance for the City Council Meeting of September 25, 2018 DATE: September 13, 2018 TO: Keith Selman, Interim City Manager THRU: Sylvia Carrillo, Assistant City Manager FROM: Eddie Houlihan, Director of Management & Budget EddieHo@cctexas.com (361) 826-3792 Ordinance transferring funds for erosion, drainage, and 3D modeling work for the North Beach Area CAPTION: Ordinance transferring $16,000 from the City Council Business Accounts in the General Fund to the Comprehensive Planning Department Budget for beach erosion, drainage, and 3D modeling work for the North Beach Area. PURPOSE: To transfer funds to the Comprehensive Planning department for beach erosion, drainage and 3- D modeling work for the North Beach area. The cost of the work is estimated to be$30,000. The funding for the work will come from the balance in the City Council business accounts fund ($16,000) and the Comprehensive Planning professional services account ($14,000). BACKGROUND AND FINDINGS: On September 18, 2018, City Council approved a motion to amend the Ordinance, that instead of using $23,000 from all the City Council business accounts, to use remaining business account balances of Council members Opel, Rubio, Garza, Hunter, and Roy, which total to $16,000. The Ordinance was approved as amended. ALTERNATIVES: Not approve the ordinance. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This item conforms to City Policies. EMERGENCY/ NON-EMERGENCY: This item requires two readings. The second reading will be at the regular September 25, 2018 City Council meeting. DEPARTMENTAL CLEARANCES: Office of Management and Budget FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures 2017-2018 CIP only) Current Year Future Years TOTALS Line Item Budget 30,000 Encumbered / Expended Amount This item 1 30,000 BALANCE 0 Fund(s): General Fund Comments: None RECOMMENDATION: Approval of Ordinance as submitted. LIST OF SUPPORTING DOCUMENTS: Ordinance ORDINANCE TRANSFERRING $16,000 FROM THE CITY COUNCIL BUSINESS ACCOUNTS IN THE GENERAL FUND TO THE COMPREHENSIVE PLANNING DEPARTMENT BUDGET FOR BEACH EROSION, DRAINAGE, AND 3D MODELING WORK FOR THE NORTH BEACH AREA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $16,000 from the City Council Business Accounts in the General Fund, Fund No. 1020, is transferred to and appropriated in the Comprehensive Planning Department budget in Fund No. 1020 for Beach Erosion, Drainage, and 3D Modeling work for the North Beach area. SECTION 2. That the $16,000 transfer out of the City Council Business Accounts fund is composed of the following: $3000 from Councilmember At-large Lindsey-Opel Council business account; $3600 from District 3 Councilmember Rubio Council business account; $2400 from District 5 Councilmember Garza Council business account, $3600 from Councilmember At-large Michael Hunter Council business account, and $3400 from District 1 Councilmember Roy Council business account. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Mayor Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Mayor Joe McComb Ben Molina Rudy Garza Everettt Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor se G� O � F U NpFFpRPEAGENDA MEMORANDUM 1852 Public Hearing and First Reading for the City Council Meeting of September 25, 2018 Second Reading for the City Council Meeting of October 9, 2018 DATE: September 4, 2018 TO: Keith Selman, Interim City Manager FROM: Daniel McGinn, AICP, Director of Planning and ESI danielmc�cctexas.com (361) 826-7011 Urban Transportation Plan Amendment — Deletion of one proposed (C1) Collector street Las Tunas, located on North Padre Island approximately 0.2 miles south of Whitecap Blvd. Between Palmira Avenue and South Padre Island Drive (Park Road 22). CAPTION: Ordinance amending Urban Transportation Plan map by deleting a portion of Las Tunas Drive, a proposed C1 Collector located approximately 0.2 miles south of Whitecap Boulevard connecting Palmira Avenue with South Padre Island Drive (Park Road 22). PURPOSE: The purpose of this item is to change the City's Urban Transportation Plan map by deleting one planned street to accommodate a proposed commercial shopping center development on Padre Island. BACKGROUND AND FINDINGS: A "Collector" street provides access to local, other collector, and arterial streets. The lowest order of"collector" streets is designed to "collect" local streets with the intent of connecting them to a broader arterial grid system. Collectors are recommended to be spaced every 0.25 to 0.50 miles per section 8.2.1.0 of the Unified Development Code (UDC). The proposed amendment will eliminate a portion of a proposed C1 Collector street, Las Tunas Drive, located on Padre Island between South Padre Island Drive (Park Road 22) and Palmira Avenue, which is also designated as a C1 Collector on the City's Urban Transportation Plan (UTP) map. Yasin Investments, LLC (developer) proposes to construct a shopping center on land at the southwest corner of South Padre Island Drive (PR 22) and Las Tunas Drive. Las Tunas Drive is currently a dedicated but mostly unbuilt street with a 50-foot wide right-of-way. The right-of-way for Las Tunas Drive is located predominately within wetlands. As a requirement of the building permit, the developer will have to combine multiple smaller lots ("replat") into one commercial lot. The current UTP map calls for this segment of Las Tunas Drive to become a C1 collector with a 60-foot wide right-of-way that would connect Palmira Avenue to PR 22. During re-platting of the land, the City would require the developer to dedicate additional right-of-way and build Las Tunas Drive. The developer has initiated the request to remove this master planned street from the UTP network and will also request the official closure of the existing 50-foot wide street right-of-way. Eliminating this portion of Las Tunas Drive from the UTP map was based on several factors. First, the Las Tunas Drive right-of-way has been designated as a wetland from South Padre Island Drive to Palmira Avenue by the U.S. Army Corps of Engineers. Constructing over wetlands is contrary to City policy of protecting wetlands and would require costly mitigation. Second, the developer needs to replat the shopping center site to consolidate nine existing platted lots into one lot. The replat will trigger the dedication of an additional five feet of right-of-way for the proposed C1 collector. This will cause difficulties with the shopping center layout. Third, the shopping center site contains wetlands and will require a significant amount of fill to raise the site as much as seven feet above the existing grade of Las Tunas Drive. This grade differential will make access to the shopping center from Las Tunas Drive difficult. Fourth, even with the closure of Las Tunas Drive, residents' access and connectivity to South Padre Island Drive will be maintained with two additional collectors meeting the recommended spacing of 0.25- to 0.50-miles between Whitecap Blvd. and Encantada Avenue. ALTERNATIVES: Denial of the proposed ordinance amendment. OTHER CONSIDERATIONS: To provide connectivity lost due to the elimination of Las Tunas Drive the developer is willing to construct a shared use path on the southern property boundary connecting the shopping center to the existing residential neighborhood west of Palmira Avenue. The use of golf carts on Padre Island is increasing but is prohibited on South Padre Island Drive (PR 22) due to speeds and safety concerns. Providing a cart path would improve connectivity and convenience for local residents eliminating some vehicle trips on South Padre Island Drive (Park Rd. 22). South Padre Island Drive (PR 22) is a TxDOT-controlled roadway and the developer will be required to obtain driveway permits from TxDOT. TxDOT may require the developer to consider shared or cross access with the property owner north of Las Tunas Drive following the removal of Las Tunas Drive from the UTP map and the street closure. CONFORMITY TO CITY POLICY: The proposed amendments conform to City policy, Plan CC Comprehensive Plan and Mobility CC: • Providing a shared use path to accommodate pedestrians, bikes, and golf carts promotes interconnectivity between neighborhoods rather than creating isolated developments, offers a safer pedestrian or bicycle path to the shopping center, and supports multimodal transportation network (Plan CC) • The spacing of the collectors conforms to Mobility CC. • Eliminating Las Tunas Drive protect wetlands. (Plan CC) EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Street Operations (Traffic Engineering), Planning, and Development Services FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: Not Applicable RECOMMENDATION: Staff and the Transportation Advisory Commission and the Planning Commission recommend approval of the proposed amendment for the following reasons: • Quarter-mile to half-mile collector spacing requirements are maintained. • Adequate residential traffic circulation is maintained. • Impacts to wetlands are reduced. • The need for additional vehicles to access Park Road 22 is reduced by the developer providing a shared use path to the shopping center. LIST OF SUPPORTING DOCUMENTS: Ordinance with exhibit PowerPoint Presentation Ordinance amending Urban Transportation Plan map by deleting a portion of Las Tunas Drive, a proposed C1 Collector located approximately 0.2 miles south of Whitecap Boulevard connecting Palmira Avenue. with South Padre Island Drive (Park Road 22) WHEREAS, the Transportation Advisory Commission and Planning Commission have forwarded to the City Council its recommendation concerning the amendment to the Corpus Christi Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, Texas; WHEREAS, Planning Commission held a public hearing on Wednesday, May 30, 2018, regarding amendments to the Corpus Christi Urban Transportation Plan map, during which all interested persons were allowed to appear and be heard; WHEREAS, City Council held a public hearing on Tuesday, September 25, 2018, regarding amendments to the Corpus Christi Urban Transportation Plan map, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that these amendments would best serve public health, necessity, and convenience, and the 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. The Corpus Christi Urban Transportation Plan map of Mobility CC, an element of the Comprehensive Plan of the City of Corpus Christi, Texas (the "Comprehensive Plan"), is amended by deleting a portion of a proposed C1 Collector known as Las Tunas Drive, having an alignment running east/west from Palmira Avenue to South Padre Island Drive (Park Road 22) as shown on Exhibit "A," which is attached to this ordinance and incorporated into this ordinance by reference as if fully set out in its entirety. SECTION 2. To the extent the amendments made by this ordinance represent a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendments made by this ordinance. SECTION 3. The Comprehensive Plan, as amended from time to time and except as changed by this ordinance, remains in full force and effect. SECTION 4. Any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 5. The City Council intends that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. Therefore, if any section, paragraph, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor 2 Exhibit A 1 N 1 I I 1 CANE HARBOR CT WHITECAP BLVD 1 1 I 1 I 1 1 1 1 r 1 1 1 1 r 1 x F%6 zSApF 1 1 Q Q4F ATASCADERA AVE W 1 1 w jN 1 u 1 1 U � 1 1 u I I 1 r r 1 I 1 1 1 BOUNTY AVE 1 1 1 1 r 1 1 1 1 1 G 1 LAS TUNAS DRI ..Q..............i N 1 CUTLASSAVE m I O I a 1 a 1 N 1 I I 1 1 1 > 1 y F a 1 N Q 1 W N Y C 1 1 N 1 � 7 1 V 1 1 1 1 1 •........... VIENTO DEL MAR DR 0 250 500 1,000 Feei 3 Urban Transportation Plan Amendment: Deletion of a Portion of Las Tunas Drive City Council Presentation September 25, 2018 I� Subject Property J p Y p_ o �yx Las Tunas Dr Collectors: sY. F Constructed ------------ -- F@44PgRKw4 — — — — Planned Current Plan CAnEnAasoaR A $ E ys9 r o qAE ATASCADEM AVE � 3 AVE 11-AVE Balli Shopping Center a w D k (Access Rd.4) 0 250 500 1 OOr1 `Oapus SH,p� i 4 i Y X y ies i i ��Ey 1l1 P,Lr. fir►` !. �t iY a� Jac•��• `,�� I F• � � ' � 'f 0Proposed Amendment • Deletes a portion of Las Tunas Drive, a proposed C1 Collector, from Palmira Avenue to South Padre Island Drive. • Removes the need for ROW dedication of platted land. • Eliminates time and expense to mitigate wetlands to construct the road. Site Plan Pa m i ra PL � a GREEN SPACE gg >D 8 a U8 m Seashore , School J� 3 Vacant SOUTH PADRE ISLAND DRNE I _ SITE PLAN �xzeu�wwu m cnmm... Ti Park Rd. 22 6 Proposed Amendment ATAS[ADEM AVE � tE � 3 LA5'rurva5 _s--------------! cuTV.55 AVE 9 w � � zso sou t,— Feet 7 Recommendation Staff recommends approval of the UTP amendment as presented for the following reasons: • 0.25 to 0.50-mile collector spacing requirements are maintained. • Adequate residential traffic circulation is maintained. • The need for additional vehicles to access Park Road 22 is reduced by the developer providing a shared use path to the shopping center. • Impacts to wetlands are reduced. �yUS CgA` H AGENDA MEMORANDUM Nown AI Public Hearing and First Reading for the City Council Meeting of September 25, 2018 1852 Second Reading Ordinance for the City Council Meeting of October 9, 2018 DATE: September 5, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director of Development Services NinaM@cctexas.com (361) 826-3276 Unimproved Street Right-of-Way Closure of Las Tunas Drive CAPTION: Ordinance closing, abandoning and vacating a 0.516-acre portion of Las Tunas Drive, a platted unimproved road, out of Padre Island No. 1 and requiring petitioner, Yasin Investment, LLC., to comply with specified conditions. PURPOSE: The purpose of this ordinance is to close, vacate, and abandon 0.516 of an acre (22,498- square feet) of an unimproved street right-of-way, portion out of Padre Island No. 1 between Block 12 and 13, a map which is recorded in Volume 13, Page 4, Deed and Map Records of Nueces County, Texas and requiring the owner, Yasin Investment, LLC., to comply with the specified conditions. BACKGROUND AND FINDINGS: Yasin Investment LLC. is requesting the closure, vacation, and abandonment of a 0.516 of an acre (22,498-square feet) unimproved street right-of-way, portion out of Padre Island No. 1, a map of which is recorded in Volume 13, Page 4, Deed and Map Records of Nueces County, Texas located between Palmira Avenue and South Padre Island Drive (Park Road 22). The abandonment and vacation of the unimproved street right-of-way is being requested by the owner to facilitate construction of a proposed shopping center. The majority of the Las Tunas Drive right-of-way has been designated as a wetland from 100' west of South Padre Island Drive to Palmira Avenue by the Army Corps of Engineers. All of the Las Tunas Drive right-of-way, except for the first 100' back from South Padre Island Drive will remain wetlands. Las Tunas Drive is about 2,150 feet from the next existing C1 Collector, Merida Drive. Therefore, even with the closure of Las Tunas Drive, residents' access to South Padre Island Drive will be maintained and the collector spacing recommendation of 0.25- to 0.50-mile increments is also maintained. To provide connectivity lost due to the elimination of Las Tunas Drive the developer is willing to construct a cart path on the southern property boundary connecting the shopping center to the existing residential neighborhood west of Palmira Avenue. Providing a cart path would improve connectivity and convenience for residents. South Padre Island Drive (PR 22) is a TxDOT-controlled roadway and the developer will be required to obtain driveway permits from TxDOT. The developer shall provide shared or cross access with the property owner north of Las Tunas Drive following the removal of Las Tunas Drive from the UTP map and the street closure. Ownership of the unimproved street will be divided between abutting owners being Yasin Investment, LLC and Axys Capital Credit Fund LLC. The adjoining owner also consents to the street closure. Public notice to sixty-five property owners' within 450 feet was mailed via U.S. mail service on September 13, 2018 and the notice was published in the Caller Times on September 9, 2018. ALTERNATIVES: Denial of the proposed street right-of-way closure. This will adversely impact the Owner's ability to move forward with future development of the adjacent property. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: These requirements are in compliance with the City Code of Ordinances Section 49-12(c). Public notice for the proposed street and alley closure was placed with the U.S. Postal Service on September 13, 2018 and published in the Caller Times on September 9, 2018. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies stated objections regarding the proposed street right-of-way closure. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not Applicable Project to Date Fiscal Year: 2017-2018 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: No payment associated with unimproved street right of way (i.e. "paper streets"). RECOMMENDATION: Staff recommends closure of the unimproved street right-of-way closure. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibit PowerPoint Presentation Ordinance closing, abandoning and vacating a 0.516-acre portion of Las Tunas Drive, a platted unimproved road, out of Padre Island No. 1 and requiring petitioner, Yasin Investment, LLC., to comply with specified conditions. WHEREAS, Yasin Investment, LLC. (Owner) is requesting the closure, abandonment and vacation of 0.516-acre tract of a unimproved public right-of-way, being a portion of Las Tunas Drive, a platted unimproved road, out of Padre Island No.1, a map which is recorded in Volume 13, Pages 3 and 4, Map Records of Nueces County, Texas, located between Palmira Avenue and South Padre Island Drive (Park Road 22); WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, September 25, 2018, during a meeting of the City Council, during which all interested parties and citizens were allowed to appear and be heard; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to close, abandon and vacate a 0.516-acre tract of an existing unimproved road, portion out of Padre Island No. 1, a map which is recorded in Volume 13, Pages 3 and 4, Map Records of Nueces County, Texas, subject to compliance by the Owner with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of Yasin Investment, LLC. (Owner), a 0.516-acre of an existing unimproved road out of Padre Island No. 1 , located between Palmira Avenue and South Padre Island Drive (Park Road 22), as recorded in Volume 13, Pages 3 and 4 of the Map Records of Nueces County, Texas, is closed, abandoned, and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is the graphical representation of the legal, "Exhibit B", which is a metes and bounds description and field notes, which are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. SECTION 2. The closing, abandonment and vacation of the unimproved road described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. Upon approval by the City Council and issuance of the ordinance, all grants of public street right-of-way closures must be recorded at the Owners' expense in the real property Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. Failure to record as required by this Ordinance within 180 calendar days will hereby make this Ordinance null and void. b. The Owner will construct and maintain a private cart path, with a minimum width of 10-feet, on the southern side of the property. c. The Owner must dedicate a joint access easement with the adjacent property owner. d. Ownership of the unimproved street will be divided between abutting owners being Yasin Investment, LLC and Axys Capital Credit Fund LLC. e. Failure to comply with all the conditions outlined in this Ordinance within 180 days will hereby make the Ordinance null and void. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor SURVEY OF A 0.516 ACRE TRACT BEING A PORTION OF LAS TUNAS DRIVE,A PLATTED YET UNOPENED ROAD, AS SHOWN ON A MAP RECORDED IN VOLUME 13, PAGES 3 AND 4, MAP RECORDS OF NUECES COUNTY, TEXAS. PALMIRA AVENUE EXHIBIT A 50'RIGHT OF WAY 5!8'RE-BAR FOUND FOR N00°43'54"E SW CORNER OF LOT 98,BEARS 00' IVIEAS SCALE 1"_80' 500'43'WW 449.9T(450.00' 50. PI ! P.O.B. t0 �O r0 T2 4104 Tr CpT2 l pT 44 -04 BLOCK 12 PADRE ISLAND NO.1 VOL.13,PGS.I-S M.R.N.C.T. 000 z 00 p p o BLOCK 13tTj PADRE ISLAND NO.1 o t VOL.13,POS.1-9 :ft b %m M.R.N.C.T. -9e I filo v N A � O l �� tp� �pT ?cn r1 C) 1p 1p 1p .y E O 5!8'RE•BAR FOUND FOR S00°43' 16'V SE CORNER OF LOT 9A,BEARS SOO'43'16-W 450.01'(450.00'P) 50,00' MEAS) PARK ROAD 22 200'RIGHT OF WAY O= SET 518"RE-BAR THIS SURVEY DONE WTCHOUTTHE BENEFIT OF A TITLE COMMITMENT. OO = FOUND 5/$"RE-BAR NOTES: STATE OF TEXAS EXHIBIT B COUNTY OF NUECES Field notes of a 0.516 acre tract being a portion of Las Tunas Drive,a platted yet unopened road,as shown on a map recorded in Volume 13,Pages 3 and 4, Map Records of Nueces County,Texas. Said 0.516 acre tract being more particularly described as follows: BEGINNING at a 5/8"re-bar found in the intersection of the south right of way of Las Tunas Drive,a platted yet unopened road,and the east right of way of Palmira Avenue, for the northwest comer of Lot I B, Block 13, Padre Island No. I, as shown on a map recorded in Volume 13, Pages 1 - 8, Map Records of Nueces County, Texas,and for the southwest corner of this survey, from WHENCE a 518"re-bar found for the southwest corner of Lot 9B, Block 13,bears South 00043'54"West, a distance of 449.97 feet. THENCE over and across Las Tunas Drive, with the common line of the east right of way of Palmira Avenue and this survey, North 00°43'54"East,a distance of 50.00 feet to a 518"re-bar set in the intersection of the north right of way of Las Tunas Drive and the east right of way of Palmira Avenue, for the southwest corner of Lot 20B, Block 12,Padre Island No. 1,and for the northwest corner of this survey. THENCE with the common line of the north right of way of Los Tunas Drive,Lot 20B,and this survey, South 89°15'00"East, a distance of 449.95 feet to a 518" re-bar set in the intersection of the north right of way of Las Tunas Drive and the west right of way of Park Road 22, for the southeast corner of Lot 20A,Block 12, and for the northeast comer of this survey. THENCE over and across Las Tunas Drive, with the common line of the west right of way of Park Road 22 and this survey, South 00'43'16"West,a distance of 50.00 feet to a 518" re-bar found in the intersection of the south right of way of Las Tunas Drive and the west right of way of Park Road 22, for the northeast corner of Lot I A, Block 13,and for the southeast corner of this survey, from WHENCE a 518"re-bar found for the southeast comer of Lot 9A, bears South 00'43'16"West, a distance of 450.01 feet. THENCE with the common line of the south right of way of Las Tunas Drive,Lot IA,and this survey, North 89'l 5'00"West,a distance of 449.96 feet to the POINT of BEGINNING of this tract,and containing 0.516 acre of land, more or less. Notes: 1.)Bearings are based on Global Positioning System NAD 83 (93)4205 Datum. 2.)A Map of equal date accompanies this Metes and Bounds description. 3.)Set 518"re-bar= re-bar set with yellow plastic cap labeled Brister Surveying. I, Ronald E. Brister do hereby certify that this survey of the property legally described herein was made on the ground this day March 1. 2018 and is correct to the best of my knowledge and belief. !. r Ronald t. Brister, RP-LS No. 5407 Date: March 14, 2018. y,�P D RONALQ E BRISTER ................................ 5407 Job No. 180202 Unimproved Street Right-of-Way Closure for Padre Island No. 1, Block 13 and 14 (Las Tunas Drive) City Council Presentation September 25, 2018 Vicinity Map Ir Joint Access a� i L Cart Path Proposed C1 Collector Y Aerial Overview It Joint • . .. - . Access 0 0 449.95-feet - a _-i- Qa r► 4 �� `ti• Ca rt owl Path 0 = Proposed Future Layout Ir It Joint a� vg4nm BMW(@ � p� s , r �0 3 r ' a ® e= F Ca rt Path • �- s qw Staff Recommendations Approval �yUS CgA` H AGENDA MEMORANDUM Nown AI Public Hearing and First Reading for the City Council Meeting of September 25, 2018 1852 Second Reading Ordinance for the City Council Meeting of October 9, 2018 DATE: September 5, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director of Development Services NinaM@cctexas.com (361) 826-3276 Partial Street Right-of-Way closure, vacation, and abandonment of Battlin' Buc Boulevard and Lipan Street, and alley closures out of Nelson Addition Block 2 and 3. CAPTION: Ordinance closing, vacating, and abandoning a 0.50 acre portion of Battlin' Buc Boulevard, a 0.43 acre portion of Lipan Street, a 0.069 of an acre, being a 10-foot wide alley located out of Nelson Addition Block 2, and a 0.034 of an acre, being a 10-foot wide alley located out of Nelson Addition Block 3, and requiring Corpus Christi Independent School District to comply with specified conditions. PURPOSE: The purpose of this ordinance is to close, vacate, and abandon a portion of Battlin' Buc Boulevard and a portion of Lipan Street. The proposed alley closures include an alley located between Mestina Street and Lipan Street and an alley located between Lipan Street and Up River Road. The two alleys will be retained as utility easements by the City of Corpus Christi. BACKGROUND AND FINDINGS: Corpus Christi Independent School District is requesting the closure, vacation, and abandonment of 0.50 of an acre of a portion of Battlin' Buc Boulevard in addition to the closure, vacation, and abandonment of 0.43 of an acre of a portion of Lipan Street. The proposed street closures will allow for future expansion and construction of a new R.O.T.C. building and parking lot. All existing utilities within the closure area will be rerouted as necessary to accommodate for future construction. The proposed alley closure of 0.069 of an acre between Mestina Street and Lipan Street out of Nelson Addition Block 2, and the proposed alley closure of 0.034 of an acre between Lipan Street and Up River Road out of Nelson Addition Block 3, if approved, will be retained as utility easements by the City of Corpus Christi. Public notices for the proposed street and alley closure were mailed via U.S. Postal Service to twelve property owners within 450 feet on September 13, 2018 and the notice was published in the Caller Times on September 9, 2018. Adjoining property owners' consent to the street closures. The proposed street and alley closure is necessary for the construction of a new R.O.T.C. building and parking lot. ALTERNATIVES: Denial of the proposed street right-of-way and alley closures. This will adversely impact the school district's ability to move forward with future development. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: These requirements are in compliance with the City Code of Ordinances Section 49-12. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies stated objections regarding the proposed street right-of-way closures or alley closures. FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Other ❑ Not Applicable Project to Date Fiscal Year: 2017-2018 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget Encumbered / Expended Amount This item $89,400 $89,400 BALANCE $89,400 $89,400 Fund(s): General Funds COMMENTS: Abandonment as set forth herein is conditional upon retaining easement for all utilities in place at time of abandonment and closure. Said easements to be shown on the plat at the time property is platted. RECOMMENDATION: Staff recommends approval of the street right-of-way and alley closures. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Power Point Presentation Ordinance closing, vacating, and abandoning a 0.50 acre portion of Battlin' Buc Boulevard, a 0.43 acre portion of Lipan Street, a 0.069 of an acre, being a 10-foot wide alley located out of Nelson Addition Block 2, and a 0.034 of an acre, being a 10-foot wide alley located out of Nelson Addition Block 3, and requiring Corpus Christi Independent School District to comply with specified conditions. WHEREAS, Corpus Christi Independent School District is requesting the closure, vacation, and abandonment of 0.50 of an acre, being a portion of Battlin' Buc Boulevard, formally known as Palm Street, as shown on a map of Nelson Addition, a map which is recorded in Volume 1 , Page 15, Map Records of Nueces County, Texas, located between Leopard Street and Up River Road; WHEREAS, Corpus Christi Independent School District is requesting the closure, vacation, and abandonment of 0.43 of an acre, being a portion of Lipan Street, out of Nelson Addition, a map which is recorded in Volume 1 , Page 15, Map Records of Nueces County, Texas, located between Battlin' Buc Boulevard and Palm Drive; WHEREAS, Corpus Christi Independent School District is requesting the closure of 0.069 of an acre, being a 10-foot alley, out of Nelson Addition Block 2, a map which is recorded in Volume 1, Page 15, Map Records of Nueces County, Texas, located between Mestina Street and Lipan Street; WHEREAS, Corpus Christi Independent School District is requesting the closure of 0.034 of an acre, being a 10-foot alley, out of Nelson Addition Block 3, a map which is recorded in Volume 1, Page 15, Map Records of Nueces County, Texas, located between Lipan Street and up River Road; WHEREAS, with proper notice to the public, a public hearing was held on September 25, 2018, during a meeting of the City Council, during which all interested parties and citizens were allowed to appear and be heard; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to close, vacate and abandon a 0.50 of an acre, being a portion of Battlin' Buc Boulevard, formally known as Palm Street, as shown on a map of Nelson Addition, a map which is recorded in Volume 1, Page 15, Map Records of Nueces County, Texas, subject to compliance by the Owner with the conditions specified in this ordinance; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to close, vacate and abandon a 0.43 of an acre, being a portion of Lipan Street, out of Nelson Addition, a map which is recorded in Volume 1, Page 15, Map Records of Nueces County, Texas, subject to compliance by the Owner with the conditions specified in this ordinance; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to close 0.069 of an acre, being an 10-foot alley, out of Nelson Addition Block 2, a map which is recorded in Volume 1, Page 15, Map Records of Nueces County, Texas, located between Mestina Street and Lipan Street, subject to compliance by the Owner with the conditions specified in this ordinance; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to close 0.034 of an acre, being a 10-foot alley, out of Nelson Addition Block 3, a map which is recorded in Volume 1, Page 15, Map Records of Nueces County, Texas, located between Lipan Street and up River Road, subject to compliance by the Owner with the conditions specified in this ordinance; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of Corpus Christi Independent School District, 0.50 of an acre, being a portion of Battlin' Buc Boulevard, formally known as Palm Street, as shown on a map of Nelson Addition, a map which is recorded in Volume 1 , Page 15, Map Records of Nueces County, Texas, is closed, vacated , and abandoned by the City of Corpus Christi ("City"), subject to the Corpus Christi Independent School District's compliance with the conditions specified in Section 5 of this ordinance. Exhibit "A-1", which is a metes and bounds description and field notes, Exhibit "B-1", which is the graphical representation of the legal, which are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. SECTION 2. Pursuant to the request of Corpus Christi Independent School District, 0.43 of an acre, being a portion of Lipan Street, out of Nelson Addition, a map which is recorded in Volume 1 , Page 15, Map Records of Nueces County, Texas, is closed, vacated , and abandoned by the City of Corpus Christi ("City"), subject to the Corpus Christi Independent School District's compliance with the conditions specified in Section 5 of this ordinance. Exhibit "A-2", which is a metes and bounds description and field notes, Exhibit "B-2", which is the graphical representation of the legal, which are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. SECTION 3. Pursuant to the request of Corpus Christi Independent School District, 0.069 of an acre being a 10-foot alley, out of Nelson Addition Block 2, a map which is recorded in Volume 1, Page 15, Map Records of Nueces County, Texas, is closed by the City of Corpus Christi ("City"), subject to the Corpus Christi Independent School District's compliance with the conditions specified in Section 5 of this ordinance. Exhibit "A-3", which is a metes and bounds description and field notes, Exhibit "B-3", which is the graphical representation of the legal, which are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. SECTION 4. Pursuant to the request of Corpus Christi Independent School District, 0.034 of an acre being a 10-foot alley, out of Nelson Addition Block 3, a map which is recorded in Volume 1 , Page 15, Map Records of Nueces County, Texas, is closed by the City of Corpus Christi ("City"), subject to the Corpus Christi Independent School District's compliance with the conditions specified in Section 5 of this ordinance. Exhibit "A-4", which is a metes and bounds description and field notes, Exhibit "134", which is the graphical representation of the legal, which are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. SECTION 5. The closure, vacation, and abandonment of the streets and closure of the alleys described in Section 1 , 2, 3, and 4 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. Payment of the fair market value be made in the amount of $89,400.00. Failure to comply with this condition within 180 calendar days will hereby make this Ordinance null and void. b. Upon approval by the City Council and issuance of the ordinance, all grants of public street right-of-way closures must be recorded at the Owners' expense in the real property Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. Failure to record as required by this Ordinance within 180 calendar days will hereby make this Ordinance null and void. c. Abandonment as set forth herein is conditional upon retaining easement for all utilities in place at time of abandonment and closure. Said easements to be shown on the plat at the time property is platted. d. The Owner must relocate any existing utility lines as approved by the City of Corpus Christi. e. Failure to comply with all the conditions outlined in this Ordinance within 180 days will hereby make the Ordinance null and void. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor EXHIBIT 66A-1" LEGAL DESCRIPTION OF A 21,600 SQUARE FOOT BATTLIN' BUC STREET CLOSURE LOCATED IN NUECES COUNTY,TEXAS Being a 21,600 square foot tract, being a portion of Battlin' Buc Boulevard, (formally known as Palmer Street)as shown on a map of Nelson Addition,recorded in Volume 1,Page 15,Map Records,Nueces County, Texas,and being more particularly described as follows: BEGINNING at a calculated point in the intersection of the south right-of-way of Mestina Street and the east right-of-way of Battlin' Buc Boulevard, at the northwest corner of Lot 7, Block 2, said Nelson Addition, and for the northeast corner of the herein described tract; THENCE South 00° 09' 20" West, with the east right-of-way of Battlin' Buc Boulevard, a distance of 360.00 feet to a calculated point in the intersection of the south right-of-way of Lipan Street and the east right-of-way of Battlin' Buc Boulevard, and on the north line of Lot 11, Block 3, Nelson Addition, as recorded in Vol8ume 55, Page 86, Map Records, Nueces County, Texas, for the northeast corner of that portion of Battlin' Buc Boulevard closed by City Ordinance No. 021321, as passed by the City Council of Corpus Christi, 14t` January 1992,filed in City Secretary's office,and for the southeast corner of the herein described tract; THENCE North 89° 50' 40" West, with the south right-of-way of Lipan Street, a distance of 60.00 feet to a calculated point in the west right-of-way of Battlin' Buc Boulevard, same being the east boundary line of Block 1, Seven Oaks Addition, as shown on a map recorded in Volume 5, Page 2, Map Records,Nueces County, Texas, and for the northwest corner of said Lot 11, Block 3,Nelson Addition and the southwest corner of the herein described tract; THENCE North 00° 09' 20" East, with the said west right-of-way and the east boundary line of said Block 1, Seven Oaks Addition, as shown on a map recorded in Volume 5, Page 2, Map Records, Nueces County, Texas, a distance of 360.00 feet to a calculated point on said east boundary line, and for the northwest corner of the herein described tract; THENCE South 89° 50' 40" East, a distance of 60.00 feet to the POINT OF BEGINNING and containing 21,600 square feet; NOTE: ALL BEARINGS ARE BASED ON PLATTED RIGHT OF WAY OF BATTLIN' BUC BOULEVARD S 000 09' 20" W. SEPARATE PLAT EXHIBIT`B" WITH EVEN DATE ACCOMPANIES THIS DESCRIPTION. � 7srfRF��v Raul A. Castillo,RAS A N Registered Professional Land Surveyor . .A U. - Texas Registration No. 5061 RAUL A. CASTILLO Hanson Professional Services 5061 . TBPE F#417 TBPLS F# 100395-00 �gN�FeSs 10�yp� /p SUR`1 Date: ✓VWe-_ Page 1 of 1 JUN 19, 2018 7:34 AM CASTIO1832 h.\17JOBS\17GO084\CAD\SURVEY\M0DEL\MILLER HS\MILLER GROUNDS - T1003.DWG 0 60 120 240 LEOPARD STREET Epi GRAPHIC SCALE IN FEET71 w - - - - - - - - - - - 5 � CCISD ' I � ' — ' I DOC'NO. I O� DOC.NP.D.R.N.C.T. I Z O 16 .r � SFS I MggTlNA &THERESA STREEPS CLOSED BYLo _ — — — 1795, DATED 11AY 15, 1945 �jL_ — �— ORDINANOVOL� 245. PAGE 81 —— �.R.N.C.Ty — O - - - -- -- C-1 - - - - - CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT VOL. 177, PG. 113 d M.R.N.C.T. MESTINA S890 0 40"E 60.00' P.O.B. Lo�/LSOC�0` — _ t- 7 tz �l!cTq O/�o 0 o O �L•a ao33 _ c CF2 e jp lrFso O to 4f CCISD — VOL. 2160, PG. 269 4f 1 AQO C p D.R.N.C.T. C /)/ MILLER HIGH SCHOOL 1=;/: �T /sti w/w CCISD O o DOC 0.799265 CCISD p/� D.R.N.C.T. VOL. 2243, T 493 o p D.R.N. . p CCISD 1 VOL. 2197, PG. 306 D.R.N•C.T. PROPOSED ROAD CLOSURE 0.50 ACRES LIPAN 21,600 S.F. LEGEND: =CALCULATED CORNER N89a 50' ' 40"W 60.00' 5 d s — P.O.B. =POINT OF BEGINNING OCy— I Oi JS10 0 O ——By ORDINANCE #1795. 6 P/r- O 3 LIPAN SEDATED MAY 15, 1945 rA I 'C'�,•86 3 VOLUME 246, PAGE 81 I D.R.N.C.T. NOTE: N f I I I I L THIS IS A DESCRIPTIVE SKETCH EXHIBIT ONLY. NO FIELD SURVEY WAS PERFORMED OR COMPLETED TO VERIFY THE TRACT BOUNDARIES AS DEPICTE ON. BEARINGS ARE BASED ON THE PLATTED BATTLIN BUC BOULEVARD.THIS MAP A�O Y EXHIBIT B-1 DESCRIPTIONS. Q\. tr l TF,p �. R FO ...� OCoPYn9hf Hanson Professional Services Inc.soya ............. .........:N. ROAD CLOSURE Raul A.Castillo,ROCS ......... ...........A 0.50 ACRES BEING A PORTION OF BATTLIN' Registered Professional Lan Surveyor5061 1 <gHANISONBUC BOULEVARD, AS SHOWN ON A PLAT Texas Registration No.5061 FfSS 10�PO� Hanson Profassional5ervioes Inc. RECORDED IN AP RECORDS, COUNTY, TEXAS Date: qN® SURA y TAPE F-SR /TBPLS PG 039500 F-60&% TBAE F-SR 2458 1 1HPG FSOSSB EXHIBIT "A-2" LEGAL DESCRIPTION OF A 18,600 SQUARE FOOT LIPAN STREET CLOSURE LOCATED IN NUECES COUNTY,TEXAS Being a 18,600 square foot tract,being a portion of Lipan Street,as shown on a map of Nelson Addition recorded in Volume 1,Page 15,Map Records,Nueces County,Texas,and being more particularly described as follows: COMMENCING at a calculated point in the intersection of the south right-of-way of Mestina Street and the east right-of-way of Battlin' Buc Boulevard, at the northwest corner of Lot 7, Block 2, said Nelson Addition. THENCE South 00° 09' 20" West, with the east right-of-way of Battlin' Buc Boulevard, a distance of 300.00 feet to a calculated point in the intersection of the north right-of-way of Lipan Street and the east right-of-way of Battlin' Buc Boulevard, for the southwest corner of said Block 2,for the northwest corner of the herein described tract,and POINT of BEGINNING; THENCE South 89° 50' 40" East, with the north right-of-way of Lipan Street, a distance of 310.00 feet to a calculated point in the intersection of the west right-of-way of Palm Drive and the north right-of-way of Lipan Street, same being the southeast corner of said Block 2, and for the northeast corner of the herein described tract; THENCE South 00° 09' 20"West,with the said west right-of-way, a distance of 60.00 feet to a calculated point on the northeast corner of Block 3, said Nelson Addition, and for the southeast corner of the herein described tract; THENCE North 89° 50' 40" West, with the south right-of-way of Lipan Street, a distance of 310.00 feet to a calculated point for the northeast corner of that portion of Battlin' Buc Boulevard closed by City Ordinance No. 021321, as passed by the City Council of Corpus Christi, 14th January 1992, filed in City Secretary's office, same being the northeast corner of Lot 11, Block 3, Nelson Addition, as shown on a map recorded in Volume 55, Page 86, Map Records,Nueces County, Texas, and for the southwest corner of the herein described tract; THENCE North 00° 09' 20" East, a distance of 60.00 feet to the POINT OF BEGINNING and containing 18,600 square feet; NOTE: ALL BEARINGS ARE BASED ON PLATTED RIGHT OF WAY OF BATTLIN' BUC BOULEVARD S 000 09' 20" W. SEPARATE PLAT EXHIBIT "B" WITH EVEN DATE ACCOMPANIES THIS DESCRIPTION. OF aul A. Castillo,RPLS S TE,,F+ Registered Professional Land Surveyorcl� Texas Registration No. 5061 RAUL A. CASTILLO ................................. Hanson Professional Services 5061 TBPE F#417 TBPLS F# 100395-00 qN� SURA y0 Date: Page 1 of i JUN 19, 2018 7:37 AM CAST101832 I.\17JOBS\17GO084\CAD\SURVEY\MODEL\MILLER HS\MILLER GROUNDS - T1003.DWG 0 60 120 2401� `-� LEOPARD STREET E GRAPHIC SCALE IN FEET W 71 S I I I I � I � ► � d l _ _ - - CCISD -3 — I I I I DOC.NO.832163 O I I I OI DOC-NP.i.R.N.CIT. C-4By n tiFs I 'oRnutexce RE DATED 11A 9 45 _ �� — VOLUME 2'18• PAGE BS — — O •��� gQQT - - ��T 0/y� — s I CORPUS CHRISTI INDEPENDENT � SCHOOL DISTRICT VOL. 177, PG. 113 C M.R.N.C.T. MESTINA P.O.C. S�L d 0 7 OC�O0, - - - - 19 ti�Tq o7To o L a '-° � OCCISD O�s°ti w VOL 2160. PG. 269'L / CQQ/T D.R.N.C.T. MILLER HIGH SCHOOL o cT. /Sti 0 CCISD DOC.NO.799265 CCISD D.R.N.C.T. VOL. 2243• PG• 493 n 1 D.R.N.C.T. o CCISD ° PROPOSED ROAD CLOSURE VOL. 2197, PG. 306 Z D.R.N.C.T. 0.43 ACRES o P.O. /310.00 N 18,600 S.F. �� Sg9a 50' 4o„E / o p' 310.00' LEGEND: �?zv 0 0 ® =CALCULATED CORNER I cJ S — o�,�Y- — P.O.B. =POINT OF BEGINNING P.O.C. =POINT OF COMMENCEMENT o I COi SO Q��0 L 7 ORDINANCE (1795. I gC0�1�Q ——— LiPAN �DATED LOSED BI5. 1945 9 I �!� ,T�S O VOLUME.R N C.T.GE BS gat I NOTE: THIS IS A DESCRIPTIVE SKETCH EXHIBIT ONLY. NO FIELD SURVEY WAS PERFORMED OR COMPLETED TO VERIFY THE TRACT BOUNDARIES AS DEPICTED HEREON. BEARINGS ARE BASED ON THE PLATTED RIGHT OF WAY OF BATTLIN BUC BOULEVARD.THIS MAP TO AC DESCRIPTIONS. GO r EXHIBIT B-2 %t &P, + OCopynyhf Hooson Professional Services Inc. 2018 _ ROAD CLOSURE aul A. Castillo,R S % .. .+ • iIUO �HuM-,'SO N 0.43 ACRES BEING A PORTION OF LIPAN, AS Registered Professional La Survey, �f�1�1�N SHOWN ON A PLAT RECORDED IN VOLUME 1, Texas Registration No.5061 Eq*0 ES$►ONp� Hanson Professional Services Inc- PAGE 15, MAP RECORDS, NUECES COUNTY, TEXAS Date: �® SUR`1 TBPE F-417/TBPLS F-10039500 TBAE F-SR 2458 1 TBPG F-50556 EXHIBIT 6(A-3" LEGAL DESCRIPTION OF A 3,000 SQUARE FOOT BLOCK TWO NELSON ADDITION ALLEY CLOSURE LOCATED IN NUECES COUNTY,TEXAS Being a 3,000 square foot tract,being all of the 10 foot wide alley in Block Two(2),Nelson Addition, as shown on a map recorded in Volume 1, Page 15, Map Records, Nueces County, Texas, and being more particularly described as follows: COMMENCING at a point in the intersection of the south right-of-way of Mestina Street and the east right-of-way of Battlin' Buc Boulevard,at the northwest corner of Lot 7,Block 2, said Nelson Addition. THENCE South 89° 50' 40"East,with the south right-of-way of Mestina Drive,a distance of 150.00 feet to a calculated point in the intersection of the south right-of-way of Mestina Street and the west right-of-way of said 10 foot wide alley,for the northeast corner of said Lot 7, for the northwest corner of the herein described tract, and POINT of BEGINNING; THENCE South 89° 50' 40" East, with said south right-of-way of Mestina Street, a distance of 10.00 feet to a calculated point in the intersection of the south right-of-way of Mestina Street and the west right-of-way of said 10 foot wide alley, same being the northwest corner of Lot 6, said Block 2,and for the northeast corner of the herein described tract; THENCE South 00° 09' 20"West,with the said east right-of-way of a 10 foot wide alley, a distance of 300.00 feet to a calculated point on the north right-of-way of Lipan Street,for the southwest corner of Lot 1, said Block 2, and for the southeast corner of the herein described tract; THENCE North 89° 50' 40"West, with the north right-of-way of Lipan Street, a distance of 10.00 feet to a calculated point for the southeast corner of Lot 12, said Block 2, and for the southwest corner of the herein described tract; THENCE North 00° 09' 20"East, a distance of 300.00 feet to the POINT OF BEGINNING and containing 3,000 square feet; NOTE: ALL BEARINGS ARE BASED ON PLATTED RIGHT OF WAY OF BATTLIN' BUC BOULEVARD S 000 09' 20" W. SEPARATE PLAT EXHIBIT"B" WITH EVEN DATE ACCOMPANIES THIS DESCRIPTION. Raul A. Caste o,RPLS �P .�tr,Isrf pF�y Registered Professional Land Surveyor r'. J' Texas Registration No. 5061 .A%.A. .CASTILLO Hanson Professional Services 5061 TBPE F#417 TBPLS F# 100395-00 1 °F_�sstio�'P 9�0suR� y° Date: A>, Page 1 of 1 JUN 19, 2018 7:49 AM CASTIO1832 L\17JOBS\17GO084\CAD\SURVEY\MODEL\MILLER HS\MILLER B2 ALLEY CLOSURE.DWG N � r0 60 120 240 E' GRAPHIC SCALE IN FEET w II d lA DOC N0. 844494 I II I '° — �O �l W O p,g,NrC.T. CCISD I I� DOC.NO. 832163 Ila I I O.P.R.N.C.T. d�1 � I I I I OO „4'oeo,* I I I I - - - - - rt '?l° 7'. D BY MESTINA & THERESA 5TREETSY 15, 1945 tiF I 1795, DATED Loi sow — ORDINANCE # Ga - VOLUME 246, PAGE 61 � ti � / ow I CORPUS CHRISTI INDEPENDEN W 0 SCHOOL DISTRICT MESTINA VOL. 177, PG. 113 OF-WAY D . 60' RIGHT- S89-50'40"E 10.00' ® too.00' P.O.B. 44 PROPOSED ALLEY CLOSURE P.O.C. 0.069 ACRES 7 Mo-FIN LTD — D0C.N0.2009022039 d&A A 3,000 S.F. D.R.N.C.T. SIV IP6�? © o T X03 Gam" o — SEVEN OAKS ADDITION c o VOLUME 5, PAGE 2 o y M.R.N.C.T. CCISD — VOL. O 2160 ., PG. 269 �Q1 cb0/T D.R.N.C.T 1 W 0 cT ,OCL o S CCISD DOC NO 799265 o CCISD rn D.R.N.C.T. z VOL. 2243,D.R.N.C.T. 493 SLI Eg HIGH SCHOOL I CCISD VOL. 2197, PG. 306 LEGEND: D.R.N.C.T. ® =CALCULATED CORNER N89"50'40"yr 10.00' P.O.B. =POINT OF BEGINNING I IPAN STREET 60' RIGHT-OF-VPAY P.O.C. =POINT OF COMMENCEMENT 15 �'�� I- ` G� RpC �r�I I �,��0•4�. _ — _ — — — — —D gY ORDINANCE I NELSON ADDITION 3 I _ LIPAN STREET & THERESA Y 15 1945 0 a L LOTOL.55, PG-86 #1795, DATED MAY U I M.R.N.C.T. VOLUME 246, PAGE 81 _ _ _ o z I _D.R.N.C_T.—I I I a DCITY OF a I —r� II II i I I w I I CORPUS CHRISTI- NOTE: THIS IS A DESCRIPTIVE SKETCH EXHIBIT ONLY. NO FIELD SURVEY WAS PERFORMED OR COMPLETED TO VERIFY THE TRACT BOUNDARIES AS DEPICTED H N. BEARINGS ARE BASED ON THE PLATTED RI BATTLIN BUC BOULEVARD.THIS MAP T MP EXHIBIT IT-3 n DESCRIPTI NS. �Q.. �(,G IT fR�;F,•� OCopynght Hanson Professanvl Services Inc.sore ° �� ROAD CLOSURE Raul A. Castillo,RPLS A. CASTILL'. 3,000 SQUARE FEET BEING ALL OF THE ALLEY Registered Professional Lan uFveyor �"�,awSON IN BLOCK 2, NELSON ADDITION , AS SHOWN ��s� Texas Registration No.5061 Oifr� Nps Hanson Professional Services Inc. ON A PLAT RECORDED IN VOLUME 1, PAGE 15, FESS 10 �� MAP RECORDS, NUECES COUNTY, TEXAS Date: g �® SURA y TBPE F117/TBPLS F-10039500 TELAE F-BR 2458/TBPG F50556 EXHIBIT "A-4" LEGAL DESCRIPTION OF A 1,500 SQUARE FOOT PORTION OF BLOCK THREE NELSON ADDITION ALLEY CLOSURE LOCATED IN NUECES COUNTY, TEXAS Being a 1,500 square foot tract, being a portion of the 10 foot wide alley in Block Three (3) Nelson Addition, as shown on a map recorded in Volume 1, Page 15, Map Records, Nueces County, Texas, and being more particularly described as follows: COMMENCING at a point in the intersection of the south right-of-way of Lipan Street and the west right-of-way of Palm Drive, at the northeast corner of Lot 5, Block 3, said Nelson Addition. THENCE North 89° 50' 40"West,with the south right-of-way of Lipan Street, a distance of 150.00 feet to a calculated point in the intersection of the south right- of-way of Lipan Street and the east right-of-way of said 10 foot wide alley, for the northwest corner of said Lot 5, for the northeast corner of the herein described tract, and POINT of BEGINNING; THENCE South 00° 09' 20" West, with the east right-of-way of said 10 foot wide alley, a distance of 150.00 feet to a calculated point for the common west corner of Lots 2 & 3, said Block 3, and for the southeast corner of the herein described tract; THENCE North 89° 50' 40" West, a distance of 10.00 feet to a calculated point on the west right-of-way of said 10 foot wide alley, in the east boundary line of Lot 11, Block 3, Nelson Addition, as shown on a map recorded in Volume 55, Page 86, Map Records, Nueces County, Texas, and for the southwest corner of the herein described tract; THENCE North 00° 09' 20" East, with the west right-of-way of said 10 foot wide alley, a distance of 150.00 feet to a calculated point, on the south right-of-way line of said Lipan Street, for the northeast corner of said Lot 11, and for the northwest corner of the herein described tract; THENCE South 89° 50' 40" East, with the south right-of-way line of Lipan Street, a distance of 10.00 feet to the POINT OF BEGINNING and containing 1,500 square feet; NOTE: ALL BEARINGS ARE BASED ON PLATTED RIGHT OF WAY OF BATTLIN' BUC BOULEVARD S 000 09' 20" W. SEPARATE PLAT EXHIBIT "B" WITH EVEN DATE ACCOMPANIES THIS DESCRIPTION. Raul A. Castillo, RPLS Q'� G k S Te,' Registered Professional Land Surveyor A U L Texas Registration No. 5061 RATL A. CASTILLO ................................. Hanson Professional Services 5061 TBPE F#417 TBPLS F# 100395-00 ! ?Pof£ssXa`'Po� qN� SUR`1 � Date: l/,Vf , 0003 Page 1 of 1 JUN 19, 2018 7:51 AM CASTIO1832 1.\17JOBS\17GO084\CAD\SURVEY\MODEL\MILLER HS\MILLER B3 ALLEY CLOSURE.DWG 0 60 120 240 y GRAPHIC SCALE IN FEET w - - - - - - - S I- ii dIA DOC NOSB44494 IICICISD IW0 p,R,NIC.T. I . DOjEDII ©_NT Io-d THERESA STREETS CLOS 45 MESTINA & DA Mg 1795, ORDINANCE 246PAGE 61 VOLUME r+I — --_——--— — — D.R.N_C.T. — — esti —�-- - - �. I CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT MESTINA VOL. 177, PG. 113 D.R.N.C.T. 60' RIGHT-OF-WAY A W 7 III d0 � — M C DOC.N.2 09022033 0� 4 I D.R.N.C.T. SEVEN OAKS ADDITION VOLUME 5, PAGE 2 M.R.N.C.T. LEGEND: a V. c I I oFso _ VOL _ ® =CALCULATED CORNER CCISD — i I L1 ,tiy Pa .2160, PG. O P.O.B. =POINT OF BEGINNING D.R.N•C•T• P.O.C. =POINT OF COMMENCEMENT CCISD DOCD- T265 I I VOL. 22435 PG. 493 RN C MILLER HIGH SCHOOL I — D.R.N.C'F• CCISPG 306 I i VOL. 2197, D.R.N.C.T. LIPAN STREET 60' RIGHT-OF-WAY 589"50'40'E F�O�o-. P.O.C. PROPOSED ALLEY CLOSURE 0.034 ACRES o 1,500 S.F. E:&-, I w 3Q o�z E � c - - _�oa4 _ _ _ d of — � � zzA CLOSED BY ORDINANCE A W M I NELSON ADDITION o v pAN STREET & THERESA 1945 o W LOT 11, BLOCK 3 o o U'A 3 DATED MAY 15, u I VOL.55, PG.86 0 #1795, M.R.N.C.T. Zppt� VOLUME 246, PAGE 61 c z I Oov _D.R.N.C_T.— — — — --I— N A N89e50'40"w 10.00' CITy OF NOTE: i l II II II II I a W II I�1 CORPUS CHRCITY OF ISTI-2 THIS IS A DESCRIPTIVE SKETCH EXHIBIT ONLY. NO FIELD SURVEY WAS PERFORMED OR COMPLETED TO VERIFY THE TRACT BOUNDARIES AS DEPICTED HEREON. BEARINGS ARE BASED ON THE PLATTED RIGHT OF F BATTLIN BUC BOULEVARD.THIS MAP TO AC Art, EXHIBIT 'B-4 DESCRIPTIONS. G1 TE,pFF. OCapyHght Hanson Professional Services Inc.2018 ROAD CLOSURE Raul A.Castillo, RPL RAUL A, CASTH.10 1,500 SQUARE FEET BEING A PORTION OF THE Registered Professional Land rveyor 5HANSON 06 ALLEY IN BLOCK 3, NELSON ADDITION , AS Texas Registration No.5061 �9oF P�... Hanson Professional Services Inc. SHOWN ON A PLAT RECORDED IN VOLUME 1, E(�$$pI � �Q� PAGE 15, MAP RECORDS, NUECES COUNTY, TEXAS Date: 18, �D $ 1�` THPE F417 TBPLS F-10039500 TBAE F-SR 2458 1 TBPG F-OW Street and Alley Closures for Miller High School Expansion City Council Presentation September 25, 2018 17 Vicinity Map L&DpErd M. 00 �o�ao�a Sao . N FR pC GM m» � sa��a M�.e,mp o t�„un.��msa>mo�P�s cn�izu s` # } ,0-ft!7 r 4O0.pUS Cyq�s � a jL,Z Proposed Closures ie 2 f •• • • • • B • ttlln' _ � Ivd � .� rY Proposed partial Li pan St. Proposed street closure ,� closure (60'x360') (60'x310') -a_ Proposed Alley Closures IiY It Proposed alley closure (10'x 300') I� r MINIM Upm 2q. r � — 4 a r _gyp G3 ww' G3md Staff Recommendation Approval SC GO �, Ok � flPONPtEO AGENDA MEMORANDUM 1852 Public Hearing and First Reading for the City Council Meeting of September 25, 2018 Second Reading for the City Council Meeting of October 9, 2018 DATE: August 28, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Rezoning property at or near 5518 Curtis Clark Drive CAPTION: Case No. 0818-04 Marias Properties, LLC: Ordinance rezoning property at or near 5518 Curtis Clark Drive from "RS-6" Single-Family 6 District to the "CN-2" Neighborhood Commercial District. PURPOSE: The purpose of this item is to allow for the construction of a parking lot and a small retail/office building. RECOMMENDATION: Planning Commission and Staff Recommendation (August 22, 2018): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CN-2" Neighborhood Commercial District. Vote Results: For: 9 Opposed: 0 Absent: 0 Abstained: 0 ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: 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-2" Neighborhood Commercial District is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (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 Case No. 0818-04 Marias Properties, LLC: Ordinance rezoning property at or near 5518 Curtis Clark Drive from the "RS-6" Single-Family 6 District to the "CN-2" Neighborhood Commercial District WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Marias Properties, LLC. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, August 22, 2018, during a meeting of the Planning Commission. The Planning Commission approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CN-2" Neighborhood Commercial District and on Tuesday, September 25, 2018, 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 Marias Properties, LLC. ("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 Lot 22A, Block 4, Gardendale No. 2, located on the north side of Curtis Clark Drive, east of South Staples Street, south of Williams Drive, and north of Holly Road (the "Property"), from "RS-6" Single-Family 6 District to the "CN-2" Neighborhood Commercial District (Zoning Map No. 043035), as shown in Exhibit "A", which is a map of the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 , and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@D40DFEBE\@BCL@D40DFEBE.docx Page 2 of 3 C -2 CG-2 ti C -2 SUBJECT%% PROPERTY 122 20 G-2 17 iC 8 � CO-2 8 f CI 2 'f }4 RS- — 4 0 CG-2 13 i5 CG-2 }9 Ir 8 cl M � �q CG- 5 CG-2 e c ti CG-2 O p b 1 4D 74 CG-2 CG-2 -f �e Cred:90:W.,2018 0 000 No prepar"sp ey:.ri•k Feer LApiRJRAer ofi]puWCpArl3nrS9fVl01b CASE: 0818-04 Carpus CIna1 aay ZONING & NOTICE AREA RY-i Yptlf�lb9 IL t7glt]n4ve111a1 RN-P Yptlf�IlyP N #beFl Intlucfilbl �ksv. RN-A Yptlf�lly a Rlp PYnnetl uM1 W r.0•eAby pY PrawailbnY plw. Rs-ie Ynplo-FrnY IFa SUBJECT RN-AT M.11—ly Ai Rii ibpMF�yY 3 QFERTY CN-7 IYIpFhmy..tl Cemn.reYl Rsi.s q,®I.Fan�id pl-F IYYyhpryh.tl C.mn.reYl R3-TF Twb-FanN CR-1 IYaCtl.CpnN.mYl Ri-id fY�pltiFamN 16 CR-P RFwAC.nm.rbYl p� Re Ytlentiela Nme Cm-i pae.ry Cemmerd al fiE TH 7pwnhawe p-F p.n.xal Cbmme mlal Ip eyed k]PormM CI YiIYn YFm Cbmrnerokl � F; -h..Pallf CBC omwnlbwn CbmmerbYS gyrY Yanu[aeluretl Nemo w rt CbmmerbYl � k �w. eR 2 Fa im Rural H NclbrlbpwiYy 4 C er anti...ean� a o aatcrc�F.S• 0%= r � City of rc+mn h:m� nalar s 4 �^ X=_ LOCATION MAP C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@D40DFEBE\@BCL@D40DFEBE.docx Page 3 of 3 PLANNING COMMISSION FINAL REPORT Case No. 0818-04 INFOR No. 18ZN1022 Plannin Commission Hearin Date: August 22, 2018 = Owner: Maria's Properties, LLC. a 0 Applicant: Cliff Atnip �.� Location Address: 5518 Curtis Clark Drive Q N Legal Description: Lot 22A, Block 4, Gardendale No. 2, located on the north Q °a o side of Curtis Clark Drive, east of South Staples Street, south of Williams Drive, and north of Holly Road. From: "RS-6" Single-Family 6 District c To: "CN-2" Neighborhood Commercial District -Es Area: 0.91 acres N Purpose of Request: To allow for the construction of a parking lot and a small retail/office building. Existing Zoning District Existing Land Use Future Land Use Site "RS-6" Single-Family 6 Vacant Medium Density Residential _ "CN-2" Neighborhood Commercial and Commercial and Commercial and c North "CN-2/SP" Neighborhood Medium Density o Commercial with a Vacant Residential N Special Permit _ South "RS-6/SP" Single-Family Commercial Commercial 6 with a Special Permit X "CG-2" General Low Density East Commercial Residential Commercial West "RS-6" Single-Family 6 Commercial Low Density Residential Area Development Plan: The subject property is located within the Ca boundaries of the Southside Area Development Plan and is planned for 0_ c medium density residential uses. The proposed rezoning to the "CN-2" M ° Neighborhood Commercial District is generally consistent with the adopted a o Comprehensive Plan (Plan CC) and warrants an amendment to the Future QLand Use Map. Map No.: 043035 Zoning Violations: None _ 0 Transportation and Circulation: The subject property has approximately 132 0 feet of street frontage along Curtis Clark Drive which is designated as a CL N Local/Residential Street. ca Staff Report Page 2 Urban Proposed Existing Traffic Street Transportation � O Plan Type Section Section Volume N Curtis Clark 50' ROW 60' ROW Drive Local/Residential 28' paved 26' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS-6" Single-Family 6 District to the "CN-2" Neighborhood Commercial District to allow for the construction of a parking lot and a small retail/office building. Development Plan: The subject property is 0.91 acres in size. The owner is proposing a parking lot and a small retail/office building. The proposed development is to benefit and enhance the new adjoining retail center located at 5333 South Staples Street. A secondary use for this site may include a small professional office or stand-alone small business location. Approximately 50% of the site will be a parking lot and the remaining 50% will be a single tenant building for a professional office or small neighborhood business. Existing Land Uses & Zoning: The subject property is currently zoned "RS-6" Single- Family 6 District and consists of vacant land. The subject property was annexed in 1954 and has remained undeveloped since the time of annexation. To the north is a vacant property zoned "CN-2" Neighborhood Commercial District. Also located to the north is a property zoned "CN-2/SP" Neighborhood Commercial District with a Special Permit and has an ancillary building placed that is associated with the tire business that fronts upon South Staples Street. To the west is a single-family subdivision (Gardendale No. 2) and the subject property is adjacent to a single-family residence built in 2003 and zoned "RS-6" Single-Family 6 District. To the south across Curtis Clark Drive is a parking lot that services a bar/nightclub and is zoned "RS-6/SP" Single-Family 6 District with a Special Permit. To the east are commercial properties consisting of an office building and an automated car wash zoned "CG-2" General Commercial District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. Utilities: Water: 6-inch CIP line located along Curtis Clark Drive in front of the subject property. Wastewater: 8-inch VCP Line located along Curtis Clark Drive in front of the subject property. Gas: 2-inch Service Line located along Curtis Clark Drive in front of the subject property. Storm Water: Inlets located to the east and west of the subject property along Curtis Clark Drive. Staff Report Page 3 PlanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "CN-2" Neighborhood Commercial District is generally consistent with the adopted Comprehensive Plan (Plan CC), warrants an amendment to the Future Land Use Map, and is consistent with the following policies: • 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) • Promote interconnected neighborhoods with appropriate transitions between lower- intensity and higher-intensity land uses. (Future Land Use, Zoning, and Urban Design Policy Statement 3) • High-intensity commercial and industrial areas should be buffered to provide transition from low-density residential areas. (Southside ADP, Policy Statement B.6) Department Comments: • The proposed rezoning is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. • The proposed rezoning is compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • The property is currently vacant, is a remaining undeveloped lot, and has not been developed since annexation in 1954. • Due to the adjacency to properties zoned "RS-6" Single-Family 6 District, a Type B buffer yard will be required along the western property line. Type B buffer yards consist of 10 feet in width and a 10 point requirement as per the Unified Development Code (UDC). • If the "CN-2" Neighborhood Commercial District is approved, the proposed development will still need to abide by all requirements of the Unified Development Code (UDC). Planning Commission and Staff Recommendation (August 22, 2018): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CN-2" Neighborhood Commercial District. Vote Results: For: 9 Opposed: 0 Absent: 0 Abstained: 0 Staff Report Page 4 Number of Notices Mailed — 21 within 200-foot notification area = 5 outside notification area 0 As of August 17, 2018: In Favor — 5 inside notification area o — 0 outside notification area z In Opposition — 0 inside notification area — 0 outside notification area a Totaling 0.00% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Preliminary Site Plan C. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\Legistar\2018 CC Agenda Items\9-25-2018\0818-04 Marias Properties,LLC\CC Report_0818-04 Marias Properties, LLC.docx Staff Report Page 5 C -2 GG-2 C -2 G-2 SUBJE T%%g -LB 21 PROPERTY 20 G-2 17 10 CG-2 RTAS, s2 CG-2 14 Rs- 4 0 CG-2 13 f5 CG-2 CG- CO-2 c CG-2 CO-2 CG-2 0 401 -.1 Fze CASE: 0818-04 ZONING& NOTICE AREA L SUBJECT OPERT 22 RS-TH Tb home u F==r 9 Wt c -ity of LOCATION MAP Staff Report Page 6 f f f f F E E E E E E E E F E E E E E E F E E E F E E E E� _ _ _ One Way Driveway EEE F E F —� o M F m x_ v N � u E V a E m E ti E f E E CG 3 F E E E E E E E E E E E E E F E E E E E E W-(r 36-0' INCOMPLETE NOT FOR REGULATORY APPROVAL, PERMIT,OR CONSTRUCTION NAME:Emiy D.Rozypal,AIA REGISTRATION:#19900 EDRAichitects,PLLC phone:361.537.4400 Temzypag@e&archkects.com V S 5518 Curtis Clark Project#:18 Z EDR ° Schematic Site- late:July 21.2018 a r c h i t e c t s 07-21-18 phone:361.537.4400 erozypal®edrarchitects.com Staff Report Page 7 Persons with disabilities planning to attend this rneetirty,whoTTlay require special services, are requested to cgnted the Development Services Department at least 48 hours in advance at(361)826-3240.Personas con incaoacidades, cue tienen la intencibn de_ii5isOr a e5to juntay clue recuieren seryiciog_Q9Depafe5. se les suplica cue den SAW 48 hors antes de la junta Ilamandc al departamento de servi;a�s de desarrollo.ai 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. Sl usted desea dirigirge a Is commission durante nta-Lsu ingles es limitado, favor de Ilamar al departamento de servicios de desarrollo at n6mero(361)826-3240 al mens 48 horas antes de la iurna o ra solicitar unintArorete ser nresente durante la lunta- CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0818-04 Maria's Properties, LLC. has petitioned the City of Corpus Christi to consider a change of zoning from the 'RS-6" Single-Family 6 District to the"CN-2"Neighborhood Commercial District resulting in a change to the Future Land Use Map.The property to be rezoned is described as: 5518 Curtis Clark Drive and Lot 22A, Block 4, Gardendale 92, located on the north side of Curtis Clark Drive, east of South Staples Street, south of Williams Drive, and north of Holly Road. The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification andior 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, August 22, 2018, 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 accordanat with the Planning Commission By-Laws,no discussion shalt be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at horns or office,or In person, by telephone call or by letter. Printed Name: Arwj k �L C Address: '� ;�. L-4 j2 City/State: T ()o IN FAVOR { ) IN OPPOSITION Phone: . / 02 REASON: f 9iptwtw m SEE MAP ON REVERSE SIDE � � Ceae Aro.6616-64 INFOR Case No.:18ZN1022 Project Manager.Andrew Dcnas Property Owner ID 13 Ern*andrewd2@cc1;exas,com Zoning Case #0818-04 Maria's Properties, LLC. Rezoning for a Property at 5518 Curtis Clark Drive City Council Presentation September 25, 2018 `QApUS Cs,�J• i A i C - ` i% Aerial Overview J 0 �asz .y•�,/� r hIs tri i rah' "�• � �IZT _ �v Subject Property at 5518 Curtis Clark Drive 9 It *�� N f +il � j VfC11 ty Map cG s,„ Y c - r; r, Ope StreetMap'sr f ep0.F cu,.d.� Qtive Cwnmors Shares f:l&@ - e Ld se�[CC-HY-SA) 3 Zoning Pattern 41984 � 0 9990 •' �� o a w C@-2 C� 6O0 `+�`\ 20 ��� �1��� a���p 4177� �oo� C@-2 Qf .� .. � � �OoOo� ooa Ov Q4 a-TF ��� GM9 G3�3d� j age 2002 2 loss 4196 Planning Commission and Staff Recommendation Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CN-2" Neighborhood Commercial Public Notification 21 Notices mailed inside 200' buffer 5 Notices mailed outside 200' buffer °G-2 C -a �~ Notification Area suerecr n PROPERTY n s- Opposed: 0 (0.00%) c�Rya c ce-a RS14 O In Favor: 5 9 yFRa ps°� c�-a cc-s R 6 UDC Requirements Ir Y Buffer Yards: "CN-2" to "RS-6" Type B: 10' & 10 pts. � Setbacks: Street: 20 feet Rear: 2 to 1 Setback (height-12') x 2 Parking: 1:250 sq. ft. net retail area a " Landscaping, Screening, and Lighting Standards ye Uses Allowed: Retail, Offices, Multifamily *Bars/Nightclubs Not Allowed in "CN-1" Utilities • 1 Water: 6-inch CIP Line ` , • Wastewater: 8-inch VCP Line UBJEECT t /' ROPE� � '`'�• � ' Gas: 2-inch Service Line Storm Water: Inlets located to the east and west of the subject property along Curtis Clark '_' Drive. Site Plan 9 10 12 1 13 111 111 1 ffi 1) 118 18 2=3 3,000 sq ft V y ❑o y 1 n f3 VV L 0 Ill/1 1 9 1 3 3 S 6 7 ! B 10 11 /2 13 114 15 16 ❑p b a y yi I /�(� •� •� I f 2 2 t S 6 I Existing Car Wash se 0 NooRROPPI EAGENDA MEMORANDUM 1852 Public Hearing and First Reading for the City Council Meeting of September 25, 2018 Second Reading for the City Council Meeting of October 9, 2018 DATE: August 28, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Rezoning property at or near 2141 Laguna Shores Road CAPTION: Case No. 0818-05 James Karstens: Ordinance rezoning property at or near 2141 Laguna Shores Road from "CR-1" Resort Commercial District to the "RS-15" Single-Family 15 District. PURPOSE: The purpose of this item is to allow for the future construction of single-family residences. RECOMMENDATION: Planning Commission and Staff Recommendation (August 22, 2018): Approval of the change of zoning from the "CR-1" Resort Commercial District to the "RS- 15" Single-Family 15 District. Vote Results: For: 8 Opposed: 1 Absent: 0 Abstained: 0 ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for low density residential uses. The proposed rezoning to the "RS-15" Single-Family 15 District is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (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 Case No. 0818-05 James Karstens: Ordinance rezoning property at or near 2141 Laguna Shores Road from the "CR-1" Resort Commercial District to the "RS-15" Single- Family 15 District WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of James Karstens ("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, August 22, 2018, during a meeting of the Planning Commission. The Planning Commission approval of the change of zoning from the "CR-1" Resort Commercial District to the "RS-15" Single-Family 15 District and on Tuesday, September 25, 2018, 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 James Karstens ("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 Lots 4-8, Block 1, Karstens Acres, located on the east side of Laguna Shores Road, south of Lola Johnson Road, and north of Hustlin' Hornet Drive (the "Property"), from the "CR-1" Resort Commercial District to the "RS-15" Single-Family 15 District (Zoning Map No. 035029), as shown in Exhibit "A", which is a map of the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 , and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@C40D956B\@BCL@C40D956B.docx Page 2 of 3 RM-} � L �S� p R E RD SUBJECT PROPERTY 3 } 7 6 GR-} -y a ? G- S�, S z� CG-2 638 GrSd�C:5gr771g P PP 8PP prapa.rsc By:nN Fee: wpa.a: .r nr oeca�op..errsrR•�.es CASE: 0818-05 ZONING & NOTICE AREA Aa1-1 Md 31 IL L�Il nau Bhlal -E M�:'•"-.. - ri.:tl VNI Vex OvnleY om p1.9r Moil l�aruatl=�.._..•._• - _ _ _ •r 35 � ! leeghhorenotl moo"-,-.•-: _ - - - pg� CR1 19raeA Cammam:e - CR-S IaaeA Conmemla. -- - - CV-1 VinxalCommercd� F.:..T` T•n .-'-_•.... ce-s o.h.rrcommerdr - -- YrbnJvecnmmerwr �crect:;.:..:e ,e,_r4 SUBJECT ceo oowhlewloll mrem AMM Mwr,.r��,..: PROPERTY fR 2 N nm RV ral _P clorwo wnq �/.•}}yy C EP 8v ctnenc Atilt .f�jll 3 S� °. " "Ky '" X, s LOCATION MAP C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@C40D956B\@BCL@C4OD956B.doex Page 3 of 3 PLANNING COMMISSION FINAL REPORT Case No. 0818-05 INFOR No. 18ZN1009 Plannin Commission Hearin Date: August 22, 2018 = Owner: James Karstens a0 Applicant: James Karstens u .� Location Address: 2141 Laguna Shores Road Q u Legal Description: Lots 4-8, Block 1, Karstens Acres, located on the east Q °a o side of Laguna Shores Road, south of Lola Johnson Road, and north of Hustlin' Hornet Drive. From: "CR-1" Resort Commercial District c To: "RS-15" Single-Family 15 District -Es Area: 3.11 acres N Purpose of Request: To allow for the future construction of single-family residences. Existing Zoning District Existing Land Use Future Land Use "CR-1" Resort Vacant and Low Site Commercial Density Residential Commercial M "CR-1" Resort c North Commercial Vacant Commercial .E "CR-1" Resort N South Vacant Commercial a� Commercial _ T) J East "CR-1" Resort Water Water X Commercial (Laguna Madre) (Laguna Madre) West "RE" Residential Estate Vacant Low Density Residential Area Development Plan: The subject property is located within the 06 v, boundaries of the Flour Bluff Area Development Plan and is planned for low M o density residential uses. The proposed rezoning to the "RS-15" Single-Family 15 District is generally consistent with the adopted Comprehensive Plan (Plan 0- o CC) and warrants an amendment to the Future Land Use Map. Q Map No.: 035029 Zoning Violations: None ° Transportation and Circulation: The subject property has approximately 585 feet of street frontage along Laguna Shores Boulevard which is designated as ° a "P1" Parkway Collector Street. According to the Urban Transportation Plan, a N "P1" Parkway Collector Streets can convey a capacity between 1,000 to 3,000 _ Average Daily Trips (ADT). Staff Report Page 2 Urban Proposed Existing Traffic Street Transportation Section Section Volume Plan Type L O Laguna La „ g P1 Parkway 80 ROW 70 ROW Shores Collector 40' paved 38' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "CR-1" Resort Commercial District to the "RS-15" Single-Family 15 District to allow for the future construction of single-family residences. Development Plan: The subject property is 3.11 acres in size. The owner is proposing the future construction of single-family residences. Existing Land Uses & Zoning: The subject property consists of 5 lots currently zoned "CR-1" Resort Commercial District and consists of one single-family residence and vacant properties. The subject property was zoned "CR-1" Resort Commercial District (formerly "B-2" Bayfront Business District) in 1983 as part of the original Flour Bluff Area Development Plan (ADP). The subject property was annexed in 1961 and was platted in 2007. To the north and south along Laguna Shores Road are a few single-family residences and vacant properties also zoned "CR-1" Resort Commercial District. Further to the north is a single-family residential subdivision along Lola Johnson Road (Belk Lola Johnson Subdivision) platted in 1953 and zoned "RS-6" Single-Family 6 District. To the west is a large vacant unplatted tract of land zoned "RE" Residential Estate District. To the east is the Laguna Madre. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property is platted. Utilities: Water: 12-inch ACP line located along Laguna Shores Boulevard in front of the subject property. Wastewater: 16-inch PVC Force Main located along Laguna Shores Boulevard. Wastewater service is currently unavailable to the subject property. The closest available wastewater manhole is over 600 feet to the north at the intersection of Lola Johnson Road and Laguna Shores Boulevard. A 15-foot utility easement is located along the Lola Johnson Road frontage of the subject property. In 2007, a wastewater connection agreement was issued as part of the plat recordation process. According to the agreement, wastewater connection is not required by the property owner until a line is constructed in front of the subject property. Gas: 2-inch Service line located along Laguna Shores Boulevard in front of the subject property. Storm Water: Road side drainage located along Laguna Shores Boulevard in front of the subject property. Staff Report Page 3 PlanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Flour Bluff Area Development Plan (ADP). The proposed rezoning to the "RS-15" Single-Family 15 District is "RS-15" Single-Family 15 District is generally consistent with the adopted Comprehensive Plan (Plan CC), warrants an amendment to the Future Land Use Map, and the following policies: • 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 "RS-15" Single-Family 15 District is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map • The proposed rezoning is compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • The subject property was originally zoned "RS-6" Single-Family 6 District (formerly "R-1 B" Property was zoned "R-1 B" One-Family Dwelling District) previous to the 1983 area wide Flour Bluff rezoning. • The subject property is located in flood zone V22 with a base flood elevation of 12- feet. • Due to the adjacency to properties zoned "CR-1" General Commercial, a Type B buffer yard will be required along the northern and southern property lines. Type B buffer yards consist of 10 feet in width and a 10 point requirement as per the Unified Development Code (UDC). Planning Commission and Staff Recommendation (August 22, 2018): Approval of the change of zoning from the "CR-1" Resort Commercial District to the "RS-15" Single-Family 15 District. Vote Results: For: 8 Opposed: 1 Absent: 0 Abstained: 0 Staff Report Page 4 Number of Notices Mailed — 7 within 200-foot notification area = 5 outside notification area 0 As of August 17, 2018: In Favor — 2 inside notification area o — 0 outside notification area z In Opposition — 0 inside notification area — 0 outside notification area a Totaling 0.00% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2018\0818-05 James Karsten s\Co u ncil Documents=Report_0818-05 James Karstens.docx Staff Report Page 5 RM-} L 1 RE �+'U SUBJECT PROPERTY r _7 RM-4 p 6 CR-} 4 2 f! S p +yam CG-2 m■Cra d waole 0 00 Soo Pf P—d Ey:n+H Feer afJ.imnarir DrDwojop 1prsary'x.Vf CASE: 0818-05 ZONING & NOTICE.AREA � rat-1 1 x-:71 t !L uglt lntl.id d RN-f ;r71F/E N INrvr YitluaMY RM-3 ;-rylY a WD PlYinmtl VYl mxorma4r OM - ne:]'•>- Ri.10 Mpio-Fam�'10 1111-Ai aM-i .- >ar�.»r:>-':-re ra3el Rim-d iMi0lo-Fmm ly L-6 @ aM-4 -- -- :-aro9af RbTi FWoFmn ly G��, s+ Tbwnhngml Ectmle \ RE TH TaMnnau66 ca-s om„mr; - F F..,% eermn a Y�bnr�e� -�- RY f�FdBakWnal'WnIC4B P36t SUBJECT F1... �. PROPERTY 4°a a w�9ah x h mx; LOCATION M14P Staff Report Page 6 Persons with disabilities pranning to a endtbis meeting, who clay require speciat services, are requested to contact the Development Services Department at least 48 hours Ifiradvance at(361)826-3240.Personas con incaoa i a aue tiunen la intenci6n de asig6r a esta tent? v nue renaierea servicios especide! se les sudica cue dfn ta4so48 horas antes de la junta Ilamando at deoartamento de serwcios 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 dtsea_dirigirse a la commission durante to junta v su ingles es lim,too_favor de Ilamar al departamento de servicios de desarrollo al numero(3611826-3240 al mends 48 horas antes de la junta para solic tar i un interprete ser presence durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0818-05 James Karstens has petitioned the City of Corpus Chrisb to consider a change of zoning from the Resort Commercial District to the"RS-15"Single-Family 15 District, resulting in a change to the Futuro Land Use Map.The property to be rezoned is described as: 2141 Laguna Shores Road and Lots 4-8, Block 1, Karstens Acres, located on the east side of Laguna Shores Road,south of Lola Johnson Road,and north of Hustlin Hornet Drive. The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan,will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, August 22, 2018, during one of the Planning Commission's regular meetings,which begins at 5:30 a.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 Plonnirty 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. i Printed Name: Address: _ r�� 61� City/State:r.:;rT"XL i IN FAVOR ( )IN OPPOSITION Phone_�,, S4-1 fa P 9' -� REASON: t Ll ure SEE MAP ON REVERSE SLOE Case No 0810 05 INFOR Casa No:IBZN1019 Project Manager Andrew Drmas Property Owner ID 5 Email andreAd2fc texas com Staff Report Page 7 Personr.,ti disabilities planning to attend this meeting, who may requre special services, are requested to contact the Development Services Department at least 48 hours in advance at(361)826-3240.Personas con incanecid QW benen la intencidn de Its istir agst$jpnta_y que reauieren seraclos es0eciales. se Iles suolica oue qe.n aviso 48 home antes de la iunta Ilamandg al departamenlo de sery clos de desarrollo,N n6mero 061)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 lea 48 hours in advance to request an interpreter be present during the meeting. S usted desea dirictirse a01^ ion Ouranie la junta y su index es limilado. favor de hamar of dcpa�tam•mlo de serucios de desarrol a r 1826-3 40 g menos 48 ho SL .Ia Nnta para sceicitar un_016rxele ser Dresenle durante la lunla. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0818-05 James Karstens has petitioned the City of Corpus Christi to consider a change of zoning from the"CR-1" Resort Commercial District to the"RS-15"Single-Family 15 District, resulting in a change to the Future Land Use Map.The property to be rezoned is described as 2141 Laguna Shores Road and Lots 4-8, Block 1, Karstens Acres, located on the east side of Laguna Shores Road, south of Lola Johnson Road, and north of Hustlin Hornet Drive. The Planning Commission may recommend to Gly 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, August 22, 2018, 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=0 orb''yl1Maw, Printed Name: l/—,(J Address: ! L22 AA-L J1'1. A �1�J� City/State&i11:?US �`�f2LS! '�iJN -AVOn ( )IN OPPOSITION Plwr '��(? ^�� REASON: Sr to e SFE MAP ON REVERSE SIDE (/ C3se No.0919-05 INFOR Case No.:ISZN1019 incl Manager.Andrew Dimas Property Owner ID:1 GmaB androw<V@cctoxac.com Zoning Case #0818-05 James Karstens Rezoning for a Property at 2141 Laguna Shores Road City Council Presentation September 25, 2018 Aerial O - - 5 2 . two. � . � \� su;:rc+ PROPERTY . �\ Subject Property at - 2141 Laguna Shores Road �wrr, It n ,6 Vicinity flap � 1 H .r / F � ic)Gp—SttPdeped .triSut—, r, _ _ E]eetive Gvmmvrs 5h F.l e!e / - license[CC -BY-SA} 3 Zoning Pattern Ra-8HIE Ml 2M c a bc� INS 't PROPERTY Poi@ �Q�q RM4 M INS WIS M77 C9-2 CR-1 %M %83 G d 4 Planning Commission and Staff Recommendation Approval of the change of zoning from the "CR- 1 " Resort Commercial District to the "RS-15" Single-Family 15 District Public Notification 7 Notices mailed inside 200' buffer 5 Notices mailed outside 200' buffer RN '6y hso. �o Notification Area suBJEcT PROPERTY Opposed: 0 (0.00%) _ RM-1 6 [R-} -i In Favor: 2 Ho�MFro ¢�Q Rs-6 R So h =d a urorn..a�p�.nrs«:�: 6 UDC Requirements Buffer Yards. RS-15 to CR-1: < a Type B. 10' & 10 pts. Setbacks: Street: 25 feet Side: 5 feet Rear. 5 feet Parking: 2 Spaces per Dwelling Uses Allowed. x H Single-Family Residential, Place of His Worship, and Educational. zp a. v WP 4 Utilities y: Water: 12-inch ACP Line • Wastewater: 16-inch PVC Force Main located along Laguna Shores ". Boulevard. Wastewater service is j currently unavailable to the subject property. The closest available wastewater manhole is over 600 feet to the north at the intersection of Lola hx' Johnson Road and Laguna Shores �NJ�CC�4 Boulevard.A 15-foot utility easement PROPE is located along the Lola Johnson �fY4 Road frontage of the subject property. • Gas: 2-inch Service Line �`'�., Storm Water: Road side drainage GO F v N�PnRP11 AGENDA MEMORANDUM 1852 Public Hearing and First Reading for the City Council Meeting of September 25, 2018 Second Reading for the City Council Meeting of October 9, 2018 DATE: August 28, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Rezoning property at or near 2117 Laguna Shores Road CAPTION: Case No. 0818-06 Guy Brady: Ordinance rezoning property at or near 2117 Laguna Shores Road from "CR-1" Resort Commercial District to the "RS-15" Single-Family 15 District. PURPOSE: The purpose of this item is to allow for the future construction of a single-family residence. RECOMMENDATION: PlanningCommission and Staff Recommendation (August 22, 2018)and Staff Recommendation (August 22, 2018): Approval of the change of zoning from the "CR-1" Resort Commercial District to the "RS- 15" Single-Family 15 District. Vote Results: For: 8 Opposed: 1 Absent: 0 Abstained: 0 ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for low density residential uses. The proposed rezoning to the "RS-15" Single-Family 15 District is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (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 Case No. 0818-06 Guy Brady: Ordinance rezoning property at or near 2117 Laguna Shores Road from the "CR-1" Resort Commercial District to the "RS-15" Single- Family 15 District WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Guy Brady ("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, August 22, 2018, during a meeting of the Planning Commission. The Planning Commission approval of the change of zoning from the "CR-1" Resort Commercial District to the "RS-15" Single-Family 15 District and on Tuesday, September 25, 2018, 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 Guy Brady ("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 Lot 3, Block 1, Karstens Acres, located on the east side of Laguna Shores Road, south of Lola Johnson Road, and north of Hustlin' Hornet Drive (the "Property"), from the "CR-1" Resort Commercial District to the "RS-15" Single- Family 15 District (Zoning Map No. 035029), as shown in Exhibit "A", which is a map of the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 , and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@C40D0038\@BCL@C40D0038.docx Page 2 of 3 RM-1 SUBJECT PROPERTY 2 'letQi F 12 4 ay YY T f0 - RE 4 6 8 5 CR1 d 2¢ RS-6 �, QJ a Gm7�C:Pr5;771 R ann eua lop. Fe.t LB(dr]i F1Br:�of D9VRIofxR}91:i5ANK9s CASE: 0878—O6 ZONING & NOTICE AREA d RN-t xanremlpi IL PAI-4 Mun Ymmlp£ M - , Pll-3 NVRYmIIp a pR Pmfm cc bnel 0!!bm Ri-10 !-:'• GGnm RN-AT MvnYsnap AT RYA = �6y q1-1 Ne}TnLmrAootl Comme q1-4 xmP�TLerAmotl Comme rcYl R.IF T'n>.•• •... CR-1 IbwACommemlel Rf-15 F-�s:.:.... �! Tip pS-Y RewHCmmmmrelei AE Recti:-:.:^ _..... Rp-i penmrrlCommemlel RSTl1 Tpyfnp—p. Cp-Y A[merslGommerNml � fpwM1�..,.. a xbararesommereal iw jb—t .-%ark Sf1BJECT Geo pmwnfmwn Gommerem Ryx xaarpa:.':::-� cR-s R.wAcommmwrl PROPERTY AS Fem Rvre3 y H Hetmrbpwnsl p gy CVeYieee PmrA -Y m d� hecro �Avn s Cityaf Se5 WMYi]!tr.an¢ Avnen X,1m�ms„a, toearIoN ,vrlaP C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@C40D0038\@BCL@C40D0038.docx Page 3 of 3 PLANNING COMMISSION FINAL REPORT Case No. 0518-06 INFOR No. 18ZN1020 Planning Commission Hearin Date: August 22, 2018 = Owner: Guy Brady a a 0 Applicant: Guy Brady .L Za Location Address: 2117 Laguna Shores Road CL y Legal Description: Lot 3, Block 1 , Karstens Acres, located on the east side of Q°a Laguna Shores Road, south of Lola Johnson Road, and north of Hustlin' Hornet Drive. *, From: "CR-1" Resort Commercial District a To: "RS-15" Single-Family 15 District -Es Area: 0.50 acres N Purpose of Request: To allow for the future construction of single-family residences. Existing Zoning District Existing Land Use Future Land Use Site "CR-1" Resort Vacant Commercial Commercial = Commercial and N "CR-1" Resort Vacant and Low North Low Density E ? Commercial Density Residential Residential 0 0)c "CR-1" Resort Vacant and Low J South Commercial Density Residential Commercial Lu East "CR-1" Resort Water Water Commercial (Laguna Madre) (Laguna Madre) West "RE" Residential Estate Vacant Low Density Residential Area Development Plan: The subject property is located within the boundaries 06 v, of the Flour Bluff Area Development Plan and is planned for low density o residential uses. The proposed rezoning to the "RS-15" Single-Family 15 2 a District is generally consistent with the adopted Comprehensive Plan (Plan CC) a o and warrants an amendment to the Future Land Use Map. Q Map No.: 035029 Zoning Violations: None ° Transportation and Circulation: The subject property has approximately 117 feet of street frontage along Laguna Shores Boulevard which is designated as L 0 a "P1" Parkway Collector Street. According to the Urban Transportation Plan, a N "P1" Parkway Collector Streets can convey a capacity between 1,000 to 3,000 _ Average Daily Trips (ADT). L Staff Report Page 2 Urban Proposed Existing Traffic Street Transportation � O Plan Type Section Section Volume Laguna "P1" Parkway 80' ROW 70' ROW Shores Road Collector 40' paved 38' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "CR-1" Resort Commercial District to the "RS-15" Single-Family 15 District to allow for the future construction of a single-family residence. Development Plan: The subject property is 0.50 acres in size. The owner is proposing the future construction of a single-family residence. Existing Land Uses & Zoning: The subject property consists of 5 lots currently zoned "CR-1" Resort Commercial District and consists of one single-family residence and vacant properties. The subject property was zoned "CR-1" Resort Commercial District (formerly "B-2" Bayfront Business District) in 1983 as part of the original Flour Bluff Area Development Plan (ADP). The subject property was annexed in 1961 and was platted in 2007. To the north and south along Laguna Shores Road are a few single-family residences and vacant properties also zoned "CR-1" Resort Commercial District. Further to the north is a single-family residential subdivision along Lola Johnson Road (Belk Lola Johnson Subdivision) platted in 1953 and zoned "RS-6" Single-Family 6 District. To the west is a large vacant unplatted tract of land zoned "RE" Residential Estate District. To the east is the Laguna Madre. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property is platted. Utilities: Water: 12-inch ACP line located along Laguna Shores Boulevard in front of the subject property. Wastewater: 16-inch PVC Force Main located along Laguna Shores Boulevard. Wastewater service is currently unavailable to the subject property. The closest available wastewater manhole is over 450 feet to the north at the intersection of Lola Johnson Road and Laguna Shores Boulevard. A 15-foot utility easement is located along the Lola Johnson Road frontage of the subject property. In 2007, a wastewater connection agreement was issued as part of the plat recordation process. According to the agreement, wastewater connection is not required by the property owner until a line is constructed in front of the subject property. Gas: 2-inch Service line located along Laguna Shores Boulevard in front of the subject property. Storm Water: Road side drainage line located along Laguna Shores Boulevard in front of the subject property. Staff Report Page 3 PlanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Flour Bluff Area Development Plan (ADP). The proposed rezoning to the "RS-15" Single-Family 15 District is "RS-15" Single-Family 15 District is generally consistent with the adopted Comprehensive Plan (Plan CC), warrants an amendment to the Future Land Use Map, and the following policies: • 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 "RS-15" Single-Family 15 District is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map • The proposed rezoning is compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • The subject property was originally zoned "RS-6" Single-Family 6 District (formerly "R-1 B" Property was zoned "R-1 B" One-Family Dwelling District) previous to the 1983 area wide Flour Bluff rezoning. • The subject property is located in flood zone V22 with a base flood elevation of 12- feet. • Due to the adjacency to properties zoned "CR-1" General Commercial, a Type B buffer yard will be required along the northern and southern property lines. Type B buffer yards consist of 10 feet in width and a 10 point requirement as per the Unified Development Code (UDC). Planning Commission and Staff Recommendation (August 22, 2018): Approval of the change of zoning from the "CR-1" Resort Commercial District to the "RS-15" Single-Family 15 District. Vote Results: For: 8 Opposed: 1 Absent: 0 Abstained: 0 Staff Report Page 4 Number of Notices Mailed — 12 within 200-foot notification area = 5 outside notification area 0 As of August 17, 2018: In Favor — 2 inside notification area o — 0 outside notification area z In Opposition — 0 inside notification area — 0 outside notification area a Totaling 0.00% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2018\0818-06 Guy Brady\Council Documents=Report_0818-06 Guy Brady.docx Staff Report Page 5 SUBJECT PROPERTY 2 12 4 f fo RE 0 CR-1 LSA 4k; y� Dai Obi R41:dtlF1Y18 ed y'H Spp so R�r D.P—rDnojcpwnrs— CASE: 0818-06 ZONING & NOTICE AREA IL UOMMLEtr a N D N ji "I-,. ...... Rs-TH%-nho— RV %—AZTVuw P= SUBJECT m PROPERTY 0%= f CRY& LOCATION MAP Staff Report Page 6 Persons with disabilities planning to attend this meeting,whe may require special services, are requested to contact the Development Services Department at least 48 hours in advance at(361)826-3240.Personas con incapacrdades. flue tienen la intencion de asislir a esta junta v Qua real servicios esoeciales. se les supiica oue den avfso 4$ horas antes de la iunta Ilamando at departamento de servi'Cios de desarrgllo al nijmgro(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 fntorpreter he present during the meeting Si usted desea diriaise a la commission durance la junta v su males es limitado favor de Hamar al departamenlo de serviuos de desarrollo al nl(3011820-3240 al merm 48 horas antes ft la i nta para solicitar un interprete ser presente durante la junta — CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0898-06 Guy Brady has petitioned the City of Corpus Christi to consider a change of zoning from the'CR-1" Resort Commercial District to the"RS-15"Single-Family 15 District,resulting in a change to the Future Land Use Map.The property to be rezoned is described as: 2117 Laguna Shores Road and Lots 3, Block 1, Karstens Acres, located on the east side of Laguna Shores Road,south of Lola Johnson Road,and north of Hustlin Hornet Drive. The Plarning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification and.ror 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, August 22, 2018, 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- 70 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 QELOW BECOMES PUBLIC RECORD, NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be hell 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: ��zf l !/ U ruk Cl&Rcr R� CityrS(ate: C ( N FAVOR { )IN OPPOSITION Phone: ; 877 -I3i REASON: Signet SEE MAP ON REVERSE SIDE ' Case No 0818-06 INFOR Case No.:18ZN1020 Pmiert Manar)9r,Arl Dimas Property Owner ID:5 El and ril(M xtexas.ccm Zoning Case #0818-06 Guy Brady Rezoning for a Property at 2117 Laguna Shores Road City Council Presentation September 25, 2018 4OapU5 Cp� i8 2 Aerial Overview 'SUBJECT PROPERTY rhes Or• �� ,. Subject Property at 2117 Laguna Shores Road M q14 {5 Vicinity Map £ e 5 e � 1 Jam. yea[ I � .; {c]QPenStra#clap and mntri6utors, 3.e n CreatWe Ccmmvrs Share Alive me U-nse(CC-9Y-SA) 3 Zoning Pattern QO-8 HIE �] gal WN *e0ha Aa-TIFo SMC 9064 �� paoMM I-0 �00:2 RK4 0� WIS M77 C9-2 CR-1 WN %83 G d 4 Planning Commission and Staff Recommendation Approval of the change of zoning from the "CR- 1 " Resort Commercial District to the "RS-15" Single-Family 15 District Public Notification 12 Notices mailed inside 200' buffer 5 Notices mailed outside 200' buffer RM Notification Area SUBJECT PROPERTY [o[4,DH�S�ro Opposed: 0 (0.00%) RE - 8 CR-1 In Favor: 2 s� 5 2� �J w� RS-6 ~y6 ®a�a�eYrznw Wyafumnrol.Pweloprtwnrserviwa 6 UDC Requirements ',. Buffer Yards. RS-15 to CR-1: 10' & 10 pts. Type B. Setbacks: Street: 25 feet Side. 5 feet Rear. 5 feet N - x' Parking: 2 Spaces per Dwelling Uses Allowed. >° Single-Family Residential, Place of Worship, and Educational. .rte xs Utilities ✓✓ "� • Water: 12-inch ACP Line Wastewater: 16-inch PVC Force Main Q located along Laguna Shores / Boulevard. Wastewater service is currently unavailable to the subject property. The closest available wastewater manhole is over 450 feet oRppPE- to the north at the intersection of Lola Johnson Road and Laguna Shores Boulevard.A 15-foot utility easement is located along the Lola Johnson Road frontage of the subject property AA Gas: 2-inch Service Line • Storm Water: Road side drainage SC AGENDA MEMORANDUM Future Item for the City Council Meeting of September 18, 2018 NgHPO PP`E 1852 Action Item for the City Council Meeting of September 25, 2018 DATE: August 7, 2018 TO: Keith Selman, Interim 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: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Fred Segundo, Director of Aviation freds@cctexas.com (361) 289-0171 Construction Contract Corpus Christi International Airport (CCIA) Rehabilitate Terminal Apron Phase II and East GA Apron Phase III (Airport Capital Improvement Program) CAPTION: Ordinance to accept and appropriate Airport Grant #57 in Fund 3020; appropriate and transfer$725,805 from Fund 4612 to Fund 3018 and authorizing a construction contract with SpawGlass Civil Construction of Corpus Christi, Texas in the amount of $7,221,798.15 for Base Bid and Alternates for the Corpus Christi International Airport (CCIA) Rehabilitate Terminal Apron Phase II and East General Aviation Apron Phase III projects. PURPOSE: The project rehabilitates and reconstructs sections of the Terminal Apron and of the East General Aviation (GA)Apron. BACKGROUND AND FINDINGS: The Terminal Apron and East GA 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) Project No.:EI7112/E17113 (Page 1) IP/C7/LH Legistar No.:18-1060 Rev.1—08/28/18 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 cracking, rutting and concrete spalling. 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 water penetration into the base and subgrade accelerating structural degradation of pavement. The existing pavement was also not designed for the current heavier aircraft and equipment loads. The apron pavement improvements were planned in multiple construction phases. On November 7, 2017, City Council approved the construction contract award for Phase 2 to SpawGlass Civil Construction, Inc., which is currently under construction with plan completion in December 2018. The final phase of construction is planned to start in 2021. This project is an approved CCIA Capital Improvement Project as a joint Federal Aviation Administration (FAA)/City project with a respective 90/10 percent construction cost sharing. Project Scope: This construction contract provides for full reconstruction for two sections, one on the East GA Apron and one on the Terminal Apron, and for the additional areas of the Terminal Apron. The project was developed with two Base Bids (Option 1 for PCC and Option 2 for HMAC) each with respective additive alternatives. Bidders were allowed to submit a bid on either Option 1, or Option 2, or both options. Base Bid Option 1 (PCC) and the four(4) respective Additive Alternatives are summarized below: Base Bid 1 — Replace existing HMAC with PCC for approximately 5,700 SY of the Terminal Apron and approximately 12,000 SY of the East GA Apron. Rehabilitation consists of repairs for approximately 58,000 SY of the Terminal Apron. Full Reconstruction work includes new cement-treated base, and PCC pavement. Rehabilitation consists of full and partial depth repairs, joint replacement, crack repairs and other miscellaneous items. Additive Alternate No. 1 — Increased concrete expansion joints repair for approximately 8,000 LF, upgrade concrete joint repair to compressive concrete joint sealant in lieu of silicone concrete joint sealant (Base Bid) for approximately 65,000 LF. Additive Alternate No. 2 — Increase additional area of the full reconstruction on East GA Apron for an approximate 900 SY of existing HMAC pavement with PCC and associated grading, pavement markings, and electrical improvements. Additive Alternate No. 3 — Second increase of additional area of the full reconstruction on East GA Apron for approximately 900 SY of existing HMAC pavement with PCC and associated grading, pavement markings, and electrical improvements. Additive Alternate No. 4 — Upgrade concrete joint repairs to compressive concrete joint sealant in lieu of silicone concrete joint sealant (Base Bid) for approximately 12,000 SY of the East GA Apron PCC pavement. Project No.:E17112/E17113 (Page 2) IP/C7/LH Legistar No.:18-1060 Rev. 1—08/28/18 Base Bid Option 2 (HMAC) and the three (3) respective Additive Alternatives are summarized below: Base Bid 2 — Replace existing HMAC with a new HMAC for approximately 5,700 SY of the General Aviation Apron and approximately 12,000 SY of the East GA Apron. Rehabilitation consists of repairs for approximately 58,000 SY of the Terminal Apron. Reconstruction work includes full reconstruction, new aggregate base, asphalt base and HMAC pavement. Rehabilitation consists of full and partial depth repairs, joint replacement, crack repairs and other miscellaneous items. Additive Alternate No. 1 — Repair concrete joint for approximately 8,000 LF and replace silicone concrete joint sealant with compression concrete joint sealant for approximately 65,000 LF. Additive Alternate No. 2 — Increase additional area of the full reconstruction on East GA Apron for an approximate 900 SY of existing HMAC pavement with new HMAC and associated grading, pavement markings, and electrical improvements. Additive Alternate No. 3 — Second increase of additional area of the full reconstruction on East GA Apron for approximately 900 SY of existing HMAC pavement with new HMAC and associated grading, pavement markings, and electrical improvements. On August 8, 2018 the City received proposals from only one (1) bidder, summarized below: BID SUMMARY SpawGlass *Engineer's Estimate Base Bid 1 $6,552,625.56 7,465,165 Additive Alternate 1 $234,793.50 Additive Alternate 2 $201,158.43 Additive Alternate 3 $205,100.66 Additive Alternate 4 $28,120.00 Total 7,221,798.15 7,465,165 No Bidders *Engineer's Estimate Base Bid 2 No Bid 7,465,165 Additive Alternate 1 No Bid Additive Alternate 2 No Bid Additive Alternate 3 No Bid Additive Alternate 4 No Bid Total N/A 7,119,255 *Government estimate (OPCC) includes Base Bid plus all additive alternates. Significant effort was made during the bid phase by the design engineer, Garver LLC, to contact approximately 50 construction contractors. A total of 28 general contractors and 22 subcontractors/manufacturers registered as plan holders on the City's CivCast project portal with at least three contractors expressing interest in bidding. Six contractors attended the pre-bid meeting. However, the City only received one construction proposal from the contractor (SpawGlass Civil Construction)that is currently working the previous phase of the CCIA East GA and Terminal Apron Reconstruction project. Project No.:E17112/E17113 (Page 3) IP/C7/LH Legistar No.:18-1060 Rev. 1—08/28/18 After bid opening, the City staff and the Consultant Engineer analyzed the construction proposal and deemed that this bid is a fair and reasonable bid for the City with the following evidence: • The bidder is a reputable civil contractor and is currently working on working on CCIA East GA and Terminal Apron Reconstruction; • The bid was below the Engineer's Opinion of Probable Construction Cost (OPCC). Based on interviews with other contractors they did not bid for the following reasons: • One expressed concern meeting the FAA and City small disadvantaged business requirements on this project; • Another Contractor was concerned that they could not compete with the pricing from SpawGlass since they are currently working at the airport. The FAA is providing the airport with a federal grant (which is discretionary)within this fiscal year. Rebidding the project, which is Engineering Service's practice, would jeopardize awarding the construction contract within this fiscal year. The airport could potentially lose the federal grant. Rebid is not expected to result in additional bidders. Although the standard policy for a single bid is to re-bid the project, Staff and the design engineer recommend award based on the reasons provided above. Rebidding is not anticipated to result in additional bids or better prices. ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: This construction project complies with FAA rules and regulations. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contract procurement. Conforms to FY 2018 Capital Improvement Planning (CIP) Budget. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Corpus Christi International Airport Project No.:E17112/E17113 (Page 4) IP/C7/LH Legistar No.:18-1060 Rev. 1—08/28/18 FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2017-2018 Expenditures Current Year Future Years TOTALS (CIP only) Budget 9,152,696.00 9,152,696.00 Encumbered / 335,600.00 335,600.00 Expended Amount This item 7,221,798.15 7,221,798.15 Future Anticipated Expenditures This 1,595,297.85 1,595,297.85 Project BALANCE 1 0.00 0.00 Fund(s): CIP AV 06, 08 RECOMMENDATION: Staff and Garver, LLC. recommend awarding the construction contract, Bid Option One (1) plus Additive Alternates No. 1, 2, 3, and 4, to SpawGlass Civil Construction, Inc. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Presentation Letter of Recommendation Grant 57 Offer Project No.:EI7112/E17113 (Page 5) IP/C7/LH Legistar No.:18-1060 Rev.1—08/28/18 ORDINANCE TO ACCEPT AND APPROPRIATE AIRPORT GRANT #57 IN FUND 3020; APPROPRIATE AND TRANSFER $725,805 FROM FUND 4612 TO FUND 3018 AND AUTHORIZING A CONSTRUCTION CONTRACT WITH SPAWGLASS CIVIL CONSTRUCTION OF CORPUS CHRISTI, TEXAS IN THE AMOUNT OF $7,221,798.15 FOR BASE BID AND ALTERNATES FOR THE CORPUS CHRISTI INTERNATIONAL AIRPORT (CCIA) REHABILITATE TERMINAL APRON PHASE II AND EAST GENERAL AVIATION APRON PHASE III PROJECTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That$6,532,244 from Federal Aviation Administration Grant No. 3-48-0051- 057-2018 is accepted and appropriated in the No. 3020 Airport Capital Improvement Fund. SECTION 2. The FY 2018 Operating Budget adopted by Ordinance No. 031255 is amended to increase expenditures in the amount of$725,805. SECTION 3. The FY 2018 Capital Budget adopted by Ordinance No. 031249 is amended to appropriate and transfer $725,805 from Fund 4612 Airport Unreserved Fund Balance to Fund 3018 Airport Capital Reserve. The FY 2018 Capital Budget is further amended to increase revenues and expenditures by $7,258,049 each. SECTION 4. The City Manager or designee is authorized to execute a construction contract with SpawGlass Civil Construction of Corpus Christi for Base Bid Option 1 plus Additive Alternates No. 1, 2, 3, and 4 in the amount of $7,221 ,798.15 for the Corpus Christi International Airport (CCIA) Rehabilitate Terminal Apron Phase II and East General Aviation Apron Phase III projects. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED this the day of ' 2018. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor PROJECT BUDGET ESTIMATE Corpus Christi International Airport East General Aviation, Phase 3 and Terminal Aron Reconstruction, Phase 2 Airport Capital Improvement Program PROJECT FUNDS AVAILABLE: Airport Grant(Federal Aviation Administration).............................................................. 7,261,134 Airport CIP............................................................................................................ 1,891,562 TOTAL FUNDS AVAILABLE 9,152,696 FUNDS REQUIRED: Construction Fees:..................................................................................................... 7,943,978 Construction (SpawGiass Civil Construction) THIS ITEM 7,221,798 Contingency(10%).......................................................................... 722,180 Desiqn, Construction Management &Testing Fees:......................................................... 846,128 A/E Design (Garver, LLC.)Task Order Nos. 8, 11, 12.............................. 335,600 Construction Management &Testing (Garver, LLC.)Task Order Nos. 14... 510,528 Contract Management, Reimbursements and Miscellaneous:............................................. 362,590 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget).......... 144,436 Engineering Services(Project Mgt)..................................................... 216,654 Misc. (Printing, Advertising, etc.)........................................................ 1,500 TOTAL 9,152,696 ESTIMATED PROJECT BUDGET BALANCE 0 C�' N SCALE: N.T.S. NUECES RAVER NUECES BAY 181 �oF T p�TOti e 0R W N Q Z U SHIP QFM 0CORPUS CHRISTI F°a � LEOPARD U � a z 44 CORPUS CHRISTI PROJECT LOCATION 6 INTERNATIONAL AIRPORT 358 j M 9l 0 N N 2� 9 N CORPUS CH W ° 032 MQ'aRp� okrygR l a 00 TEXAS A6c UNIVERSI Off~ y0<<Y CORPUS y Q 358 2y O 4i Q� �ARgp°Gg3�0 M°�o<F O CABANISS y i OSO BAY FIELD � 43 O O� Q' 2 286 O`S ��O w F� O°j Q O� OJ 2444 owti LOCATION MAP NOT TO SCALE Project Number: E17112 and E17113,11 Corpus Christi International Airport CITY COUNCIL EXHIBIT Rehabilitate Terminal Apron Phase II and CITY OF CORPUS CHRISTI,TEXAS VAI East General Aviation Apron Phase III DEPARTMENT OF ENGINEERING SERVICES CCIA CORPUS CHRISTI INTERNATIONAL Corpus Chr sti AIRPORT Engineering Corpus Christi International Airport (CLIA) Rehabilitate Terminal Apron Phase II and East GA Apron Phase III Council Presentation September 18, 2018 Project Location Corpus Chr sti Engineering NUECES BAY 181 N SCALE:N.T.S. o RAR SHIP CIWN �DpgRA CORPUS CHRIS➢ Ow ass _.T op6 CCIA EAST GA APRON 9y;` and TERMINAL APRON cc RECONSTRUCTION M� Ty p'A DC� raCi m``p 358 M RgTp, 3 �4D�t. CABAN�SS `M � Z FIELD 665 n3 Po 2 `OapUs Cy�S O m Project r x s Christ! onal Airport East GA Apron ina ron LEGEND Rehabilitation Reconstruction � a J - h asz 4 r I ii Project Vicinity Continued Corpus Ch,sti Engineering ECA t - ` Corpus Christi ` w ��� r u M International Airport _ �� .c'r rt •"" Additive Alternate 3 Additional Limits s.. - �,� --- Additive Alternate 2 Additional Limits East GA •` Apron Terminal - Terminal Y Apron Apron Additive Alternate 4 Limits - Terminal q Apron Additive Alters=e 1_im-ts LEGEND ® Rehabilitation Reconstruction Project Scope Corp*Ch, Engineering This is a joint FAA/City project with 90/10 construction cost sharing for full reconstruction of two pavement sections on the Terminal and East General Aviation (GA) Aprons with additional pavement rehab on the Terminal apron. A summary of the project is below: ➢ Bid with two Base Bids ✓ Base Bid 1 is for PCC (Recommended) ✓ Base Bid 2 for HMAC ➢ Full reconstruction of approximately 19,700 SY on Terminal Apron and GA Apron ➢ Pavement rehabilitation of approximately 58,000 SY on the Terminal Apron with full and partial depth repairs, crack repairs, and expansion joint rehab ➢ Minor electrical upgrades for airfield lighting and signage ➢ New pavement markings and miscellaneous improvements ❖ Although only one bid was received, it is recommended for award based on a determination of a fair and reasonable price under competitive pricing and it is not anticipated that rebidding will result in additional bids or lower price. The award delay may also jeopardize the joint funding from FAA. 0* Project Schedule w Corpus Ch,sti Engineering • / • J I A I S 1 O N I D J F M A M J J A Bid/ Construction Award Project Construction Estimate: 10 Months Projected Schedule reflects City Council award in September 2018 with anticipated completion in August 2019. Corpus ChrsU Engineering Questions? 3755 S. Capital of Texas Highway Suite 325 Austin, TX 78704 TEL 512.485.0009 FAX 512.485.0010 www.Ga rve rU SA.co m August 16, 2018 Corpus Christi International Airport Attn: Mr. Fred Segundo 1000 International Drive Corpus Christi, Texas 78406 Re: Corpus Christi International Airport Rehabilitate Terminal Apron Phase II and East GA Apron Phase III Recommendation of Award Dear Mr. Segundo: Bids were received for the"Rehabilitate Terminal Apron Phase II and East GA Apron Phase III " project at Corpus Christi City Hall at 2:00 p.m. on August 8, 2018. 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. The contract documents included two bid options (Bid Option 1 —Portland cement concrete, Bid Option 2—asphalt concrete hot mix) with each option having additive alternates. Although there were multiple plan holders and interest from three general contractors at the time of the pre-bid meeting, only one bid was received on this project. SpawGlass Civil Construction, Inc. submitted the low bid for the project in the amount of$7,221,798.15 for Bid Option 1 and did not submit on Bid Option 2. The Engineer's Opinion of Probable Cost was $7,465,165.00 for Bid Option 1 and $7,119,255.00 for Bid Option 2. We understand that because the bid received was less than the Engineer's Opinion of Probable Cost, the Federal Aviation Administration has waived the requirement for the City to submit a single bid authorization request. We believe that the bid submitted by SpawGlass Civil Construction, Inc. represents a good value for the Corpus Christi International Airport. Contingent upon Federal Aviation Administration approval of funding, we recommend that the construction contract for the "Rehabilitate Terminal Apron Phase II and East GA Apron Phase III" be awarded to SpawGlass Civil Construction, Inc. Please call me if you have any questions. Sincerely, GA ER, LLC osh Craw or , P.E. Project M In ger Attachments: Bid Tabulation Cc: Mario Tapia,Victor Gonzalez, Marcelino Sanchez, Eli Pena, Isaac Perez 3 -48 - 0051 -057-2018 ca �1 U.S.Department of Transportation Federal Aviation Administration GRANT AGREEMENT PART I—OFFER Date of offer AUG 28 2018 Airport/Planning Area Corpus Christi International AIP Grant Number 3-48-0051-057-2018 DUNS Number 782001259 TO: City of Corpus Christi (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 August 9, 2018,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, Phase II (Construction);Rehabilitate Terminal Apron, Phase III (Design); Rehabilitate East GA Apron, Phase III (Construction); Rehabilitate East GA Apron, Phase IV(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. THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES,HEREBY OFFERS AND AGREES to 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 $6,532,244.00. 1 3-48 -0051-057-2018 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): $6,532,244.00 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 Proiect Without Delav 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. Per 2 CFR§200.308,the Sponsor agrees to report to the FAA any disengagement from performing the project that exceeds three months.The report must include a reason for the project stoppage.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 7, 2018 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 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 2 3 -48 -0051-057-2018 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 Iniurv.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 Payment(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. 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: 3 3 -48-0051-057-2018 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. 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. 19. 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. 20. 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. 21. 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. 22. Employee Protection from Reprisal. A. Prohibition of Reprisals- 4 3 -48 -0051-057-2018 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: L 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 -0051-057-2018 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 AVIATION INISTR TION Ben Guttery Manager, Texas Airports District Office 6 3 -48 -0051-057-2018 PART 11-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 penalty of perju at the foregoing is true and correct.' Executed this _day o _ City of Corpus Christi (Name of Sponsor) (ignature g Sponsor's Authorized Official) By - �yy�,n,eXA�l � � n0 om of Sponsors Authorized Official) Title: h6w�w a4i A6wo- (Title of Sponsor's Authorized Official ff I I CERTIFICATE OF SPONSOR'S ATTORNEY I, I Zta 1 t 1 ° .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 T of the State of I e-X 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 thereof. Dated at Cr us-ch fi oca't n)this day of cQD 1© By. L i II (Signature of s onsor-s A ttomey) '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 se o� Va. AGENDA MEMORANDUM First Reading for the City Council Meeting of September 25, 2018 "`O""°p"`ESecond Reading for the Cit Council Meeting of October 9, 2018 1852 g Y g DATE: September 14, 2018 TO: Keith Selman, Interim City Manager FROM: E. Jay Ellington, Director of Parks and Recreation Department JavEllncctexas.com (361) 826-3464 Tree Advisory Committee membership CAPTION: Ordinance amending Tree Advisory Committee (TAC) membership. PURPOSE: To update City Code of Ordinances Chapter 2, Article IV, Division 12, Tree Advisory Committee, Section 2-140 regarding membership to replace the "landscape architect" with the "landscape professional" category. BACKGROUND AND FINDINGS: The current TAC has had a vacancy for the category landscape architect since December 2015. Since that time, eighteen (18) of twenty-five (25) meetings have been canceled due to no quorum. Despite multiple appeals to the community, the category remains open. ALTERNATIVES: Do not update ordinance. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: The Parks & Recreation Director and TAC Liaison recommend changing the category in order to open up the opportunity for member applications to a larger group of the community. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending Tree Advisory Committee membership Be it Ordained by the City Council of the City of Corpus Christi, Texas, that: Section 1. That the City Code of Ordinances Chapter 2, Article IV, Division 12, Tree Advisory Committee, Section 2-140 regarding membership is revised as follows: "Sec. 2-140. - Creation and establishment of tree advisory committee. The city council hereby establishes a tree advisory committee for the City of Corpus Christi, Texas, which shall consist of five (5) members to be approved by the city council. Members of the committee shall serve without compensation. Membership of the committee shall consist of one (1) landscape arm professional defined as a landscape architect, landscape designer, horticulturist or landscape contractor; one (1) certified arborist, or urban foresters, one (1) representative from electric utility provider AEP-; and two (2) at large community members. Committee liaisons shall be a representative from the parks and recreation advisory committee and also from the planning commission. The committee liaisons shall have no voting power. Staff liaisons to the committee shall be an employee from each of the following city departments: parks and recreation, planning, development services, traffic engineering, engineering, and code enforcement. The certified arborist or urban forester is exempted from the residency requirements of section 2-65 and City Council Policy Number 14(o)." (Ord. No. 029756, § 1, 2-26-2013; Ord. No. 030059, § 1, 1-21-2014) Sec. 2-141. - Term of office; chair and vice-chair; and quorum requirements. Terms of office for the tree advisory committee members shall be two (2) years. In order to establish staggered terms, however, two (2) members shall serve an initial term of one (1) year and three (3) members an initial term of two (2) years. Initial terms shall be determined by drawing to be conducted at the initial committee meeting. The committee shall choose a chair and vice-chair, upon approval of the majority of the committee members present and voting. The committee shall comply with the Texas Open Meetings Act. A majority of the committee members shall be a quorum for the transaction of meetings. (Ord. No. 029756, § 1, 2-26-2013) Sec. 2-142. - Duties and responsibilities. (a) Development of city's public tree plan. (1) It shall be the responsibility of the tree advisory committee to review and recommend a formal written plan to the city council for the care, preservation, pruning, planting, replanting, removal or disposition of public trees. The plan must not conflict with the parks and recreation master plans. The committee shall provide a recommendation to planning commission on any proposed amendments to the Unified Development Code pertaining to planting and landscaping requirements. (2) A public tree is defined for purposes of this ordinance [Ordinance No. 029756] as trees, shrubs, bushes and all other woody vegetation planted in land owned by the City of Corpus Christi, Texas. (3) The committee shall work with the staff of the parks and recreation department to develop a recommended list of tree species for public trees to be planted on lands owned by the city. The list shall be broken into categories of small, medium, and large trees, such terms to be defined in the city's public tree plan. (4) The city's public tree plan shall provide for the following: a. No public tree may be closer than the following distances from the curb or sidewalk: small trees, two (2) feet; medium trees, three (3) feet; and large trees, four (4) feet. b. No public tree shall be planted closer than twenty (20) feet to any street corner, measured from the point of curbs and curblines of the nearest intersection. c. No public tree shall be planted closer than ten (10) feet to any fire hydrant. d. The city shall retain all rights to plant, prune, maintain, and remove public trees, plants and shrubs on city owned property. e. The public tree plan shall incorporate all applicable city ordinances regarding tree care and maintenance, including but not limited to the provisions of section 53-264 which requires that every owner of any tree overhanging any street or right-of-way within the city shall prune the branches in accordance with section 53-264 so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clearance space of at least seven (7) feet above the surface of the sidewalk and at least thirteen (13) feet above the surface of the street. f. The plan shall address unnecessary topping of public trees. Trees severely damaged by storms or other causes or certain trees under utility wires and other obstructions where alternative pruning practices are impractical may be exempt from the plan at the determination of the tree advisory committee. (5) The written plan shall be presented to the city council for review and consideration for approval. Upon approval by the city council, such plan shall constitute the official Public Tree Plan for the City of Corpus Christi. (6) The tree advisory committee shall periodically review such approved plan for recommended updates to the city council. Upon city council approval, the committee shall work with the parks and recreation department to implement the plan. (b) Other duties. (1) The committee may recommend to the parks director the removal of any public tree or part thereof which is damaged by disease, storm or which is in an unsafe condition. (2) The city council may request the tree advisory committee to consider, investigate, make findings, report or recommend upon any special matter of question pertinent to the city public tree plan. (3) The tree advisory committee shall provide a recommendation to planning commission on any proposed amendments to the Unified Development Code pertaining to tree planting and landscaping requirements. (Ord. No. 029756, § 1, 2-26-2013) Secs. 2-143-2-149. - Reserved. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of 12018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor SC GO O Va. v AGENDA MEMORANDUM NORROPp�EO Future Item for the City Council Meeting of September 25, 2018 1852 Action Item for the City Council Meeting of October 9, 2018 DATE: September 13, 2018 TO: Keith Selman, Interim City Manager THROUGH: Mark Van Vleck, Assistant City Manager markvv(a)-cctexas.com (361) 826-3082 FROM: Dan Grimsbo, Executive Director of Water Utilities dang�cctexas.com (361) 826-1718 Annual Joint Funding Agreement for Water Resources Investigation with the United States Geological Survey (USGS) CAPTION: Motion authorizing renewal of an annual Joint Funding Agreement for Water Resources Investigation with the United States Geological Survey (USGS), U.S. Department of the Interior, for automated river gauging stations to gather and maintain accurate records of water quality and stream flows associated with the Nueces River and its tributary, with the City's cost to be $160,350. PURPOSE: To continue the use of automated river gauging stations to gather and maintain accurate records of stream flows and automated water quality monitors for rivers associated with the City's reservoirs and the water treatment plant. BACKGROUND AND FINDINGS: Texas Water Rights Permit No. 3358 requires specified releases from the reservoir be made to the bays and estuaries. The City utilizes the United States Geological Survey(USGS)to establish automated river gauging stations to quantify and qualify recorded discharges of all inflows and releases in the water reservoir system as well as to properly manage the health and biology of the reservoir system using Water Quality monitors. To better manage the treatment of water at the O. N. Stevens Water Treatment plant, the gathering of real-time water quality data from the Nueces River prior to the intake pumps is critical. In addition, the streamflow gauges are the primary system used by the City's Dam operations which tracks water levels in and out of the City's reservoirs and gives operators essential data to ensure Dam safety and also provides a means of early flood warning. The contract period is October 1, 2018 through September 30, 2019. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This agreement conforms to City Charter requirements EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2017- Expenditures Future Year 2018 (CIP only) Current Year (FY19) TOTALS Line Item Budget $0 $166,000 $166,000 Encumbered / Expended Amount This item $0 $160,350 $1601350 BALANCE $0 1 $ 5,650 $ 5,650 Fund(s): Water Fund 4010 Comments: Total cost will be split between the organizations Wesley Seale Dam and Choke Canyon Dam respectively. RECOMMENDATION: Approval of the continued annual joint funding agreement with the USGS. LIST OF SUPPORTING DOCUMENTS: Joint-funding agreement Form 9-1366 U.S. Department of the Interior Customer#:6000000486 (May 2018) U.S. Geological Survey Agreement#: 19SJIFATX029000 Joint Funding Agreement Project#:S1009ME FOR TIN#:74-6000574 Water Resource Investigations Fixed Cost Agreement YES[X] NO[ ] THIS AGREEMENT is entered into as of the October 1, 2018, by the U.S. GEOLOGICAL SURVEY, Texas Water Science Center, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the City of Corpus Christi party of the second part. 1.The parties hereto agree that subject to the availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation Water Resource Investigations(per attachment), herein called the program. The USGS legal authority is 43 USC 36C; 43 USC 50, and 43 USC 50b. 2.The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. 2(b) include In-Kind-Services in the amount of$0.00 (a) $28,950 by the party of the first part during the period October 1,2018 to September 30,2019 (b) $160,350 by the party of the second part during the period October 1, 2018 to September 30, 2019 (c) Contributions are provided by the party of the first part through other USGS regional or national programs, in the amount of: $0 Description of the USGS regional/national program: (d) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. (e) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5.The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives.The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party,and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 7.The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. 8.The maps, records or reports resulting from this program shall be made available to the public as promptly as possible.The maps, records or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program, and if already published by the party of the first part shall, upon request, be furnished by the party of the first part, at cost, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records or reports published by either party shall contain a statement of the cooperative relations between the parties. The Parties acknowledge that scientific information and data developed as a result of the Scope of Work(SOW)are subject to applicable USGS review, approval, and release requirements,which are available on the USGS Fundamental Science Practices website (https:l/www2.usos.govlfsp�!. Farm 9-1366 U.S. Department of the Interior Customer#t: 6000000486 (May 2018) U.S. Geological Survey Agreement#: 19SJJFATX029000 Joint Funding Agreement Project#:SJO09ME FOR TIN M 74-6000574 Water Resource Investigations 9. Billing for this agreement will be rendered quarterly. Invoices not paid within 60 days from the billing date will bear Interest, Penalties, and Administrative cost at the annual rate pursuant the Debt Collection Act of 1982, (codifier!at 31 U.S.C. § 3717) established by the U.S.Treasury, USGS Technical Point of Contact Customer Technical Point of Contact Name: Douglas Schnoebelen Name: Esteban Ramos Associate Director-South Texas Water Resources Manager Program Address: 1201 Leopard Street Address: 5563 DeZavala Road Suite 290 Corpus Christi, TX 78401 San Antonio,TX 78249 Telephone: (361)826-3294 Telephone: (210)691-9262 Fax: Fax: (210)691-9270 Email: estebanr2@cctexas.gov Email: dschnoebelen@usgs.gov USGS Billing Point of Contact Customer Billing Point of Contact Name: Kandis Becher Name: M. P. Sudhakaran Budget Analyst Water Resources Mgmt Advisor Address: 501 W. Felix Street Bldg 24 Address: 2726 Holly Road Fort Worth,TX 76115 Corpus Christi, TX 78415 Telephone: (682)316-5051 Telephone: (361)826-3667 Fax: (682) 316-5022 Fax: (361) 826-4420 Email: kkbecher@usgs.gov Email: mp@cctexas.com U.S. Geological Survey United States City of Corpus Christi Department of Interior Signature Signatures BY ///L=re—M104/2018 gY Date: Name:Timothy aines Name: Title: Director Title: BY Date: Name: Title: BY Date: Name: Title: CITY OF CORPUS CHRISTI 19SJJFATX029000 City of Corpus Station USGS Christi Total Number Description Funds Funds Funds 001:SURFACE WATER 08194000 Nueces River at Cotulla,TX Full Range Streamflow Station $4,580.00 $11,320.00 $15,900 08194500 Nueces River near Tilden,TX Full Range Streamflow Station $4,580.00 $11,320.00 $15,900 08205500 Frio River near Derby,TX Full Range Streamflow Station $4,580.00 $11,320.00 $15,900 08206600 Frio River at Tilden,TX Full Range Streamflow Station $4,580.00 $11,320.00 $15,900 08206900 Choke Canyon Reservoir nr Three Rivers,TX Reservoir Contents $2,465.00 $5,435.00 $7,900 08206910 Choke Canyon Res.outflow nr Three Rivers,TX Q below Base and Continous Stages $2,850.00 $7,650.00 $10,500 08210000 Nueces River near Three Rivers,TX FPS Full Range Streamflow Station $0.00 $0.00 $0 08210500 Lake Corpus Christi near Mathis,TX Reservoir Contents $2,465.00 $5,435.00 $7,900 08211000 Nueces River near Mathis,TX FPS Full Range Streamflow Station $0.00 $0.00 $0 08211200 Nueces River above Bluntzer,TX Q below Base and Continous Stages $2,850.00 $7,650.00 $10,500 08211500 Nueces River at Calallen,TX FPS Full Range Streamflow Station $0.00 $0.00 $0 08211502 Nueces River near Odem,TX Q below Base with AVM and Continuous Stage $0.00 $13,500.00 $13,500 SURFACE WATER TOTAL: $28,950 $84,950 $113,900 003:WATER QUALITY 08211200 Nueces Rv at Bluntzer,Tx Temp.,Cond.,pH,Diss.Oxy.,Turbidity Monitor(5-Parm) $0 $43,000 $43,000 08211502 Nueces River near Odem,TX Temp.and Cond.Monitor(2-Parm) $0 $16,200 $16,200 08211503 Rincon Bayou Channel near Calallen,TX Temp.and Cond.Monitor(2-Parm) $0 $16,200 $16,200 WATER-QUALITY TOTAL: $0 $75,400 $75,400 CITY OF CORPUS PROJECT USGS CHRISTI TOTAL FUNDS FUNDS FUNDS SURFACE WATER:00170 $28,950 $84,960 $113,900 WATER QUALITY:00370 $0 $75,400 $75,400 TOTAL $28,950 $160,350 $189,300 se GO O Va. v AGENDA MEMORANDUM NORROPPEFuture Item for the City Council Meeting of September 25, 2018 1852 Action Item for the City Council Meeting of October 9, 2018 DATE: September 14, 2018 TO: Keith Selman, Interim City Manager FROM: E. Jay Ellington, Director of Parks and Recreation Department JayEll�cctexas.com (361) 826-3464 Food Program Purchase CAPTION: Resolution authorizing the purchase up to $421,000.00 in food supplies for the senior and summer youth feeding programs through the Coastal Bend Council of Governments' ("CBCOG") participation in the TEXAS20 Purchasing Cooperative as organized and administered by the Education Service Center, Region 20. PURPOSE: To continue allowing the use of the CBCOG's Agreement with the TEXAS20, a Purchasing Cooperative that is under Region 20 of the Education Service Center, gives staff maximum reach for products and services that are needed to keep various programs and services supported across the City, including but not limited to providing food for the Meals on Wheels Program, Senior Centers and the Summer Youth Feeding Program, which are all grant funded. BACKGROUND AND FINDINGS: The TEXAS20 Purchasing Cooperative has identified two vendors that are currently meeting the needs of the feeding programs, Labatt Food Service provides the majority of the foods at an estimated expenditure of $344,000.00 and Hill Country Dairies provides the milk products at an estimated $77,000.00 for a total estimated annual expenditure of $421,000.00. TEXAS20 will rebid this service periodically and therefore staff cannot determine which companies will have the bids for the following program term, but is requesting to continue this arrangement with the TEXAS20 at an expenditure not to exceed $421,000.00 for the 2018-2019 fiscal year. ALTERNATIVES: Providing Food Services is challenging as a number of local suppliers do not accept Purchase Orders and do not offer the discounts that can be obtained through these types of Purchasing Cooperatives, therefore staff considers use of the Cooperatives as the best option for the City. OTHER CONSIDERATIONS: No other product available. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement as allowed by Texas Government Code Article 791.011 Inter-Local Cooperation Act as amended. EMERGENCY / NON-EMERGENCY: Non-emergency. DEPARTMENTALCLEARANCES: Parks and Recreation FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $0.00 $0.00 $0.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $410,000.00 $0.00 $410,000.00 BALANCE $410,000.00 $0.00 $410,000.00 Fund(s): Park Grants Fund 1067 Comments: The funding for the above is provided by the Elderly Nutrition Program Grant and Summer Food Program Grant. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Purchasing Agreement Resolution authorizing the purchase up to $421,000.00 in food supplies for the senior and summer youth feeding programs through the Coastal Bend Council of Governments' ("CBCOG") participation in the TEXAS 20 Purchasing Cooperative as organized and administered by the Education Service Center, Region 20. Whereas, Texas Local Government Code Section 271.102 (a) provides that a local government may participate in a cooperative purchasing program with another local government of this state or another state or with a local cooperative organization of this state of another state and Whereas, Texas Local Government Code 271.102 (c) provides that a local government that purchases goods or services under this subchapter satisfies any state law requiring the local government to seek competitive bids for the purchase of the goods or services; Whereas, Texas Government Code Chapter 791 Section 791 .011 authorizes local governments to contract with another local government to perform governmental functions and services including purchasing in accordance with Chapter 791 ; Whereas, the Coastal Bend Council of Governments has entered into agreements for participation in the TEXAS 20 Purchasing Cooperative on behalf of seven Coastal Bend elderly nutrition program providers to allow for substantial savings for local nutrition programs to be realized by volume purchasing of specific commodity items; Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager, or designee, is authorized to execute all documents necessary under Texas Local Government Code Chapter 271 Subchapter F and Texas Government Code Chapter 791 to purchase up to $421,000.00 in food supplies for the senior and summer youth feeding programs through the Coastal Bend Council of Governments' participation in the Texas 20 Purchasing Cooperative as organized and administered by the Education Service Center, Region 20. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas of , The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Everett Roy Lucy Rubio Greg Smith 4/712018 Details ESC*20 Coastal Bend Commitment& Contract u'"`''°' "�'n "�u'"'�° `°°w" serving the Educafima)Communlry C o u n c l I of UnAnt�a,TX.78208.19919 System Governments r Print ----— ESC-20 Participation Commitment for 2018-2019 COOPERATIVE NAME: Commercial Food Service Purchasing DESCRIPTION: Cooperative offering procurement sery ces for school food service operations.Utilizes the collective buying power of members through an annual bid process open to vendors and manufacturers In order to solicit pricing for the upcoming bid term In addition we provide tza ning,resources and exceptional customer service to help manage your child nutrition program Detailed Information avmtab`a at www.esc20.neVTEXAS20. District Name:Coastal Band[:ouncd of Governments CountyfDistrict Number,- ESC•20 WILL, • Provide a resolution to be approved by the organ¢atieds governing body for ESC•20 to act an ih beha f in soliciting ptopasaSs • Revise spenfications each year • Provide members with procurement timeline ochadule • Prepare and combine quantity request forms received from members for each proposal Request pricing for food service related items meeting the specified quantity Conduct Award Meetings Abide by b d laws + Enter proposals for tabulation and evaluatior • Ass-s%in sampling required b J items following award meeting • Develop award mfonmation farms for member use • Send award 9formation to vendors • Develop system for gath-_rng evaluation Womlation from members on vendor performance and product quality • Provide comparison Informatvm with previous awards to evaluate aflectiverress of proposals Provide order guides with awarded items Provide technical assistance to coop members Provide customized trainings . Coordinate Felt cluster meetings • Provide technical assistance an utilizing commodity processing pounds Maintain current website Most annual Food,Products and Services showcase • Includes membership for the participation in PACE Purchasing Cooperative THE LOCAL EDUCATION AGENCY(LEA)WILL: • Ensure on approved resolutlon to participate in Cooperative Is on liio with ESC-20 • Designate on organization employee to serve as a liaison with ESC-20 for each of the selected options below Provide release time for meoMgs,propose openings,and testing assistance as needed When requested and agreed,provide work space and additional employees to assist with testing • Idertify delivery location within organization on purchase orders • Prepare purchase orders for items awarded on proposals Ensure timely payments to vendors who receive proposal awards Provido ESC-20 With evaluation forms regarding vendor and product concems . Purchase awarded items for current school year • Utilize the TEXAS 20 website for the most current information • Evaluate purchased velocity of items and commit do quantities for upcoming bid term • Maintain confldentiahly of all information discussed in bid award meetings • Follow TOAIUSDA procurement regulations and practice ongoing Contract Management(if oppticable) • Attend two meetings annually if selected to participate in the Advisor Group • Complete and submit FND-101(TDA Certificate o1 Authority)form to allow coop access to view contract In TX•UNPS(if applicable) PRICING STRUCTURE: The TEXAS 20 Purchasing Coopefaliva is a totally soli-funded entity.To provide this revenue.a fee of.0085 cents or each$I purchased Is charged through a Vendor Administration Fee. This fee is cc lecled directly from the awarded vendors.Members,even though Incurring the lee indirectly pay no direct lee to the Cooperative for participation. httpsJlbusiness,esc20.nellapexlf7p=200:3::5:WO::P3 CMT FORM_1D,P3 DISTRICT_ID,P3 PAGE_BEFORE.P3_PREVIOUS_PAGE 224,17316,5,5 112 91712016 Details ESC-20 CONTACT DETAILS: Name:Jennifer rnney Email:jenniferGnney@esc20.net Phone 0:210 3705491 "'This Agreement depends upon ft continued availability of designated grant funds and expenditure authority from the grantor agency for th s purpose The agreement only becomes effective upon the District's receipt of the Notice of Grant Award from the awarding agency.It funding is through a grant award.If for any reason the granting agency fails to appropriate funds or grant expenditure authority,or funds became unavailable by operation of law or federal funds reductions or state funds reductions,this Agreement may be terminated by tho District Termination for any of these reasons is not a default by the District nor does It give rise to a claim against the District. htips.llbusiness.esC2O,netiapexlf7p=240:3-..5.NO.P3_CMT_FORM_ID,P3_DISTRICT_ID,P3_PAGE_BEFORE,P3_PREVIOUS_PAGE 224,17316,5 5 2,-2 9/712018 Comm.tments Selected ESC*20Coastal Bend Um G� togw ServFfig the EdumdorralCommon,ty Commitment& Contract aemsn ,�emunrtnlo M4"'rmAven� System Council Of SmAntoalaTX179"&10" � Governments Commitments Selected Commitment For:2018.2019 STATUS Commitment Forms Gra up PRICE Saved By Submitted By Submitted Commercial Food Service Purchas ng Texas20 Purchasing Cooperative John BL:xner John Buckner STATUS Total. $0•00 Grand Total $0.00 Export t.Excel 1-1 tRetum httpsllbusiness.esc20.nettapexlt7p=200 50_:NO'. 1 1 se GO O� Va. AGENDA MEMORANDUM NORROPPEFuture Item for the City Council Meeting of September 25, 2018 1852 Action Item for the City Council Meeting of October 9, 2018 DATE: September 25, 2018 TO: Keith Selman, Interim City Manager FROM: Jim Davis, Director of Asset Management iimd(a�cctexas.com (361) 826-1909 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB26a�cctexas.com (361) 826-3169 Garbage Truck Parts for Asset Management CAPTION: Motion authorizing a one-year supply agreement for the purchase of garbage truck parts with Heil of Texas of San Antonio, Texas via BuyBoard cooperative for $220,000, with a one-year option for a total potential multi-year amount not to exceed $440,000. PURPOSE: This item is to approve the purchase of Garbage Truck Parts. BACKGROUND AND FINDINGS: Fleet Maintenance currently has the requirement for filters, brakes, engine parts, body parts, supplies and other Class 8 truck parts perform repairs on City vehicles and equipment. Acquisition of these goods is essential for Fleet Maintenance to maintain the fleet so that Departments, in turn, can accomplish their missions. It is also important that these parts be delivered in a timely manner so that vehicles and equipment can be turned around, placed back in service, and continue to perform required operations. This Supply Agreement will significantly assist Fleet in ensuring the above is accomplished. The Purchasing Division utilized the Buyboard cooperative for these procurements. Contracts awarded through the cooperatives have been competitively procured and are in compliance with Texas local and state procurement requirements. The Purchase Division also compared several cooperatives to obtain the best price for the City. ALTERNATIVES: N/A OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: Fleet Maintenance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget .00 $440,000.00 $440,000.00 Encumbered / Expended Amount .00 .00 .00 This item .00 $440,000.00 $440,000.00 BALANCE .00 .00 .00 Fund(s): Fleet Maint. Svc. Comments: The initial contract is for an amount not to exceed $220,000 funded in FY2018-2019, with one-year option for a total potential multi-year amount not to exceed $440,000. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement mUs c.� �o w A SUPPLY AGREEMENT NO. 1859 U Garbage Truck Parts for Fleet Maintenance yaeaoRp 1852 THIS Garbage Truck Parts for Fleet Maintenance Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Heil of Texas ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Garbage Truck Parts for Fleet Maintenance in response to Request for Bid No. N/A ("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 Garbage Truck Parts for Fleet Maintenance 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 12 months. The parties may mutually extend the term of this Agreement for up to one 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 $220,000.00, 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 12/15/17 Benjamin Sanchez Fleet Maintenance 361 .826.1959 BenjaminSCcctexas.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. (A) The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Supplier warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Supplier or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator 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 12/15/17 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: Benjamin Sanchez Assistant Parts Foreman 5352 Ayers Street, Building 3B, Corpus Christi, Texas 78415 Phone: 361 .826.1959 Fax: 361 .826.8255 IF TO SUPPLIER: Heil of Texas Attn: John Davis Vice President 503 Pop Gunn Street, San Antonio, Texas 78219 Phone: 210-224-5800 Fax: 210-223-0033 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 12/15/17 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. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 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. 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 12/15/17 SUPPLIER Signature: !� Printed Na e: ✓r SCS Title: Vrc ars;at*o t-- Date: CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Atfached 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. NIA Exhibit 2: Supplier's Bid Response Supply Agreement Standard Farm Page 7 of 7 Approved as to Legal Form 12/15/17 Attachment A: Scope of Work 1 . The Supplier will provide garbage truck parts for the City's Fleet Maintenance Department as follows: filters, brakes, engine parts, body parts, supplies and other related Class 8 parts. 2. Parts will be ordered on an as needed basis. 3. Supplier shall deliver parts between the hours of 8:00 am through 5:00 pm to include Saturdays. 4. Supplier shall deliver parts to the City Garage, City Service Center at 5352 Ayers Street, Building 3B, Corpus Christi, Texas 78415. 5. Supplier shall provide invoice with PO number upon delivery. 6. In-stock parts ordered before 2:00 pm shall be delivered within 48 hours. 7. Non-stock parts ordered after 2:00 pm will be delivered within 72 hours. Page 1 of 1 o Attachment B - Pricing Schedule H City of Corpus Christi U Quote Form p RIGAnS 1852 Description Discount Garbage Truck Parts 3% off Catalog pricing Buyboard Contract 551-17 Freight $10,000.00 Total Not to Exceed $220,000.00 COMPANY: Heil of Texas NAME OF PERSON AUTHORIZED TO SIGN: John Davis ADDRESS: 503 Pop Gunn St CITY/STATE/ZIP: San Antonio, Texas 78219 PHONE: 210-224-5800 EMAIL: johndavis@heiloftexas.com FAX: 210-223-0033 DATE: SIGNATURE: TITLE: Vice President Page 1 of 1 Attachment C: Insurance and Bond 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 the subcontractor has been obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administrator (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 Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence including: $1,000,000 Aggregate 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part 11 (All States Endorsement if Company is of this not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 Page 1 of 3 3. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B. ADDITIONAL REQUIREMENTS 1. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and Page 2 of 3 • 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. 5. 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. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Purchasing - Fleet Dept. Delivery of Automotive Parts and Supplies 07/12/2018 sw Risk Management Valid Through 12/31/2018 Bonds are not required for this agreement Page 3 of 3 Attachment D: Warranty Requirements a. All OEM service parts sold by the supplier have a six-month warranty from the date of purchase. Aftermarket parts purchased from supplier are supported by a 90-day warranty. The parts warranty covers parts only, providing that factory inspection reveals a defect in material or workmanship. Labor, troubleshooting, equipment downtime, etc. is not covered under the parts warranty policy. b. Supplier makes no other warranty, expressed or implied, and makes no warranty of merchantability or of fitness for any particular purpose. The supplier does not assume any liability or accept claims for loss of profits, product down time or any other direct, incidental or indirect consequential losses, costs, damages, or delays. se GO O Va. AGENDA MEMORANDUM Future Item for the City Council Meeting of September 25, 2018 Nc1852Ev Action Item for the City Council Meeting of October 9, 2018 DATE: September 25, 2018 TO: Keith Selman, Interim City Manager FROM: Jim Davis, Director of Asset Management jimd(a�cctexas.com (361) 826-1909 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB26a�cctexas.com (361) 826-3169 Heavy Equipment Parts for Asset Management CAPTION: Motion authorizing a one-year supply agreement for the purchase of heavy equipment parts with Rush Truck Centers of Texas, LP dba, Rush Truck Center of Corpus Christi, Texas via BuyBoard cooperative for $630,000, with a one-year option for a total potential multi-year amount of$1,260,000. PURPOSE: This item is to approve the purchase of Heavy Equipment Parts. BACKGROUND AND FINDINGS: Fleet Maintenance currently has the requirement for filters, brakes, engine parts, body parts, supplies and other Class 8 truck parts for use by Fleet Maintenance to effect repairs on City vehicles and equipment. Acquisition of these goods is essential so that Fleet Maintenance can continue to maintain the fleet and Departments, in turn, can accomplish their missions. It is also important that these parts be delivered in a timely manner so that vehicles and equipment can be turned around, placed back in service, and continue to perform required operations. This Supply Agreement will significantly assist Fleet in ensuring the above is accomplished. The Purchasing Division utilized the Buyboard cooperative for these procurements. Contracts awarded through the cooperatives have been competitively procured and are in compliance with Texas local and state procurement requirements. The Purchasing Division also compared several cooperatives to obtain the best price for the City. ALTERNATIVES: N/A OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: Fleet Maintenance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget .00 $1 ,260,000 $1 ,260,000 Encumbered / Expended Amount .00 .00 .00 This item .00 $1 ,260,000 $1,260,000 BALANCE .00 .00 .00 Fund(s): Fleet Maint. Svc. Comments: The initial contract is for an amount not to exceed $630,000 funded in FY2018-2019 with an estimated expenditure of $1 ,260,000. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement SC G° a w � � '� SUPPLY AGREEMENT NO. 1854 H U Heavy Equipment Parts for Fleet Maintenance NPkPu RP�� I852 THIS Heavy Equipment Parts for Fleet Maintenance Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and Rush Truck Centers of Texas, LP dba, Rush Truck Center, Corpus Christi ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Heavy Equipment Parts for Fleet Maintenance in response to Request for Bid No. N/A ("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 Heavy Equipment Parts for Fleet Maintenance 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 12 months. The parties may mutually extend the term of this Agreement for up to one 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 $630,000.00, subject to approved extensions and changes. Paymentwill 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 Benjamin Sanchez Fleet Maintenance 361 .826.1959 BenjaminS@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. & Warranty. (A) The Supplier warrants that all products supplied under this Agreement are new. The Supplier warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the manufacturer, as indicated 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. Supply Agreement Standard Form Page 2 of 7 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12 Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. 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. 136 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. Supply Agreement Standard Form Page 3 of 7 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: Benjamin Sanchez Assistant Parts Foreman 5352 Ayers Street, Building 313, Corpus Christi, Texas 78415 Phone: 361 .826.1959 Fax: 361 .826.8255 IF TO SUPPLIER: Rush Truck Center Attn: TW Hedfelt General Manager 3001 IH69 Access Rd., Robstown, Texas 78380 Phone: 361 .726.4943 Fax: 361 .726.4860 Copy to: Rush Enterprises, Inc. 555 IH35 South New Braunfels, TX 78130 17. INDEMNIFICATION. (A) 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 THIRD PARTY 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 RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE SUPPLIER OR ITS EMPLOYEES OR AGENTS ("THIRD PARTY CLAIMS'). Supply Agreement Standard Form Page 4 of 7 SUPPLIER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL THIRD PARTY CLAIMS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID THIRD PARTY CLAIMS, PROVIDED THAT, AND NOTWITHSTANDING ANYTHING ELSE HEREIN TO THE CONTRARY, SUPPLIER SHALL NOT BE RESPONSIBLE FOR ANY THIRD PARTY CLAIM TO THE EXTENT SUCH THIRD PARTY CLAIM IS A RESULT OF THE NEGLIGENCE OR INTENTIONAL MISCONDUCT OF THE CITY . THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. (B) THE PARTIES AGREE THAT IN THE EVENT OF ANY ACTION BROUGHT BY ONE PARTY AGAINST THE OTHER, NEITHER PARTY SHALL BE ENTITLED TO RECOVER ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES AS DEFINED IN THE UNIFORM COMMERCIAL CODE, INCLUDING, BUT NOT LIMITED TO INDIRECT OR SPECIAL DAMAGES, LOSS OF INCOME OR ANTICIPATED PROFITS, OR DOWN-TIME, OR ANY PUNITIVE DAMAGES. I& 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 Supply Agreement Standard Form Page 5 of 7 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. 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. Supply Agreement Standard Form Page 6 of 7 SUPPLI Sign Printed Name: + cxk - LU tfC I�- r- Title: Date: `� [ S CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: APPROVED AS TO LEGAL FORM: Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB No. NIA Exhibit 2: Supplier's Bid Response NIA Supply Agreement Standard Form Page 7 of 7 Attachment A: Scope of Work 1. Supplier shall provide filters, brakes, engine parts, body parts, supplies and other Class 8 truck parts on an as needed basis. 2. Supplier shall deliver parts to the City Garage, City Service Center at 5352 Ayers Street, Building 3B, Carpus Christi, Texas 78415. 3. Parts ordered before 2:00 pm shall be delivered same business day. 4. Parts ordered after 2:00 pm shall be delivered next business day. 5. Supplier shall deliver parts between the hours of 8:00 am through 5:00 pm to include Saturdays and 'holidays. 6. Supplier shall have a bill of sale upon delivery. 7. Parts will be ordered on an as needed basis. Page 1 of 1 ©mus c w 111 Attachment B - Pricing Schedule City of Corpus Christi Quote Farm Description Discount Heavy Equipment Parts 10% based on Catalog ricin Buyboard Contract 521-16 Freight $30,000.00 Total Not to Exceed $630,000.00 COMPANY: Rush Truck Centers of Texas, LP dba Rush Truck Center, Corpus Christi NAME OF PERSON AUTHORIZED TO SIGN: TW Hedfelt ADDRESS: 3001 IH 69 Access Rd. CITY/STATE/ZIP: Robstown, Texas 78380 PHONE: 361-726-4943 EMAIL: HedfeltTl @rushenterprises.com FAX: 361-726-4860 DATE: SIGNATU Yiera Manager Page 1 of 1 Attachment C: Insurance and Bond 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 the subcontractor has been obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administrator {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 Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1 ,000,000 Per Occurrence including: $1 ,000,000 Aggregate 1 . Commercial Broad Form 2. Premises- Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1 ,000,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 Page I of 3 ■ 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. 5. 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. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Purchasing - Fleet Dept. Delivery of Automotive Parts and Supplies 07/12/2018 sw Risk Management Valid Through 12/31/2018 Bonds are not required for this agreement Page 3 of 3 3. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B, ADDITIONAL REQUIREMENTS 1 , Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company.The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' 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- Vil. 3. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.Q. 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 Carpus 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 Page 2 of 3 Attachment D: Warranty Requirements a. PRODUCTS - MANUFACTURER WARRANTIES ONLY. Printed warranty provided by the applicable manufacturer of the product. EXCEPT FOR ANY SUCH WARRANTIES MADE BY MANUFACTURERS, THE PRODUCT(S) ARE SOLD WITHOUT ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EACH OF WHICH IS EXPRESSLY DISCLAIMED. b. LIMITED WARRANTY ON SERVICES. All services performed by the Contractor, including maintenance and repair services ("Services"), will be performed in a good and workmanlike manner ("Services Warranty"). The Services Warranty is valid for a period of ninety (90) days from the date the Service is completed. CONTRACTOR PROVIDES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, CONCERNING SERVICES. The Services Warranty is strictly limited to Services performed by the Contractor for the City. Page 1 of 1 ,as c� w �A 0 F v AGENDA MEMORANDUM NCOgppppif4 Future Item for the City Council Meeting of September 25, 2018 1852 Action Item for the City Council Meeting of October 09, 2018 DATE: September 25, 2018 TO: Keith Selman, Interim City Manager FROM: Jim Davis, Director of Asset Management JimD(a).cctexas.com (361) 857-1909 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2 a( cctexas.com (361) 826-3169 Backflow Prevention Testing and Repairs for Asset Management CAPTION: Motion authorizing a three-year service agreement for backflow prevention testing and repairs for City facilities with Smart Plumbing, Inc. of Corpus Christi, Texas for a total amount not to exceed $276,286. PURPOSE: This service will provide Backflow Prevention Testing and Repairs services necessary at City facilities. BACKGROUND AND FINDINGS: Asset management is responsible for maintenance of 478 City owned or leased facilities. These facilities have complex backflow systems that are outside the level of expertise of our staff. It is determined that in the event that a backflow repair arises that is beyond the level of expertise of our staff, a professional backflow company with a more abundant resource of experienced certified backflow technicians would be needed to perform the work so that the facility does not fall into disrepair. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received two responsive, responsible bids, and staff is recommending the award to the lowest, responsive, responsible bidder, Smart Plumbing Inc. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency. DEPARTMENTALCLEARANCES: Asset Management FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017- 2018 Current Year Future Years TOTALS Line Item Budget $0.00 $0.00 $0.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $0.00 $276,286 $276,286 BALANCE $0.00 $0.00 $0.00 Fund(s): Various Comments: Funding will be provided by various departments at the time work is needed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation City of Corpus Christi Bid Tabulation Purchasing Division RFB 1798 Backflow Preventer Testing and Repairs for Facilities BUYER:JAPAN SHAH Asset Department Smart Plumbing Shoreline Plumbing Item Description Unit Qty Unit Rate Total Price Unit Rate Total Price 1 Backflow Prevention Testing and Certification *including filing fee Nos 909 $ 104.00 $ 94,536.00 $ 110.00 $ 99,990.00 2 Labor for Backflow repair and New installation. Normal Hours-8:00 AM to 5:00 PM HRS 1200 $ 75.00 $ 90,000.00 $ 90.00 $ 108,000.00 Estimated Mark Up(%) Mark Up(%) Spend Parts for repair backflow preventer and New 19% 15% 3 Backflow preventer $ 75,000.00 $ 89,250.00 $ 86,250.00 Filing fee for New Backflow prevention device 4 Allowance $2,500 $ 2,500.00 $2,500 $ 276,286.00 $ 296,740.00 mus ar 00 � 0 �A > SERVICE AGREEMENT NO. 1798 U Backflow Prevention Testing and Repairs for Facilities yO RPOR A xs52 THIS Backflow Prevention Testing and Repairs Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Smart Plumbing Inc ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Backflow Prevention Testing and Repairs in response to Request for Bid/Proposal No. 1798 ("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 Backflow Preventer Testing and Repairs ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 36 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to zero additional zero-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 $276,286.00, 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. 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 12/15/17 Name: Jesse Hernandez Department: Asset Management- Maintenance Division Phone: (361 )-826-1983 Email: JesseHCcctexas.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. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any 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. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Jesse Hernandez Title: Superintendent of Operations Address: 5352 Ayers Rd Building 3A, Corpus Christi, TX 78415 Phone: (361 )-826-1983 Fax: (361 )-826-3795 IF TO CONTRACTOR: Smart Plumbing Inc Attn: Reed Glendenning Title: President Address: P.O Box 81429, Corpus Christi, TX 78468 Phone: (361 )-993-5039 Fax: (361 )-993-7838 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, Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City 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; Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 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. 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 Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 CONTRACTOR 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 and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. 1798 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 gyUS G� v ATTACHMENT A: SCOPE OF WORK /hOq PORAE6 1852 1.1 General Requirements/Background Information A. The Contractor shall provide Backflow Prevention Testing and Repair services for City owned facilities. B. The Contractor shall provide Testing and as needed Repair services to approximate 303 Backflow prevention devices annually. The size of the back- flow prevention devices ranges from 3/4" to 4". C. The Contractor shall provide labor, materials, tools, and transportation necessary to perform the services for all locations. D. The Contractor shall perform Testing and as needed Repair services during normal working hours 8:00 AM to 5:00 PM, excluding City holidays. In the event of repair service call, the Contractor shall be on site within two hours or within an agreeable time frame determined by the Operations Superintendent. 1.2 Testing and Certification A. The Contractor shall perform testing per Texas Commission on Environmental Quality (TCEQ) Chapter 290, the City of Corpus Christi chapter 14-281 Plumbing code requirement and other applicable State requirement. B. The Contractor shall make the necessary repairs for devices that fail testing. If any repairs are needed to the device, the Contractor shall call Operation Superintendent and provide an estimated repair cost that includes labor and material cost. C. There shall be no additional charges for retesting and certification for those devices repaired by the Contractor. D. The Contractor must file necessary Test and Maintenance Report - TCEQ 20700 Form with the City's Development Services via Brycer no more than 10 calendar days from the date tested. Test reports submitted late will be rejected and the tester will be required to retest the device, at no additional charge, and resubmit the report. E. For newly installed back flow prevention assemblies, a Test and Maintenance report is required to be filed. F. Test and Maintenance reports must be filed for assemblies that are removed. There is no filing fee for removals. G. Test and Maintenance reports are required to be filed for all backflow prevention assemblies tested under this contract. H. The Contractor shall keep the record and report on a database or other tracking system and follow up with the City 3 weeks prior to expiration testing date for the following year. Page 1 of 15 1.3 Repair Service Call A. The Contractor shall be available to repair services on an as needed basis. B. The City will provide the work order before commencement of services. Contractor shall request the work order from the Operation Superintendent, if City fails to provide. C. In order to minimize overstaffing and equipment downtime, the City staff shall provide work description on the Work order or explain by email/ phone. Based on the description, Contractor will have a general idea of the work prior to commencement. The Contractor shall not overstaff for job repairs, and use upon customary trade practices, the City's reserves the right to only pay the fees for customary trade practices. D. After inspection of work, Contractor shall call the Operation Superintendent and provide an estimated repair cost that includes labor and material cost. E. The Contractor shall use manufacturer recommended parts. F. The Contractor shall only invoice the City for the time spent on the property. The City will not pay for time spent in route or travelling to acquire parts/supplies. G. Upon completion of repair service call, the Contractor's representative shall provide a job ticket. The job ticket shall include, but not limited to-Company Name, Name of technician, Date of Service, Detailed Description of the work performed, root causes of failure, parts used, Work Order number and total time spent on job. 1.4 New Installation of Backflow Prevention Assembly A. Installation shall only be done when the current back flow preventer is not repairable or not economically beneficial for the City to repair. The Contractor shall inform Operation Superintendent the reason the back-flow preventer cannot be repaired, or not economically beneficial to the City. B. The Contractor shall provide a repair cost estimate and replacement cost. The City may elect to purchase a new backflow assembly. C. The Contractor shall receive approval to furnish a new preventer from Operation Superintendent. Contractor shall discuss technical specifications before purchasing new back flow preventer. D. New backflow prevention assemblies must be installed to the proper height, in such a manner that the serial number can be easily read to pass inspection. E. When replacing an assembly, the contractor shall place a note on the Test and Maintenance Report as to which device it is replacing. 1.5 Contractor/Technician Qualification A. As per Texas Commission on Environmental Quality (TCEQ) Chapter 290, the Contractor's backflow prevention assembly testers must be qualified to test, repair and install assemblies on any domestic, commercial, industrial, or lawn Page 2 of 15 irrigation service and must hold a Backflow Prevention assembly Tester license issues by TCEQ. B. The Contractor must register with the City's Development Service Department to test within the City limits. 1.6 Invoicing A. The Contractor's invoice must contain the following: I. Purchase Order Number. II. Address and Division. III. Description of Service. IV. Bill of Materials. V. Copies of all invoices for parts/materials (to verify markup �o). VI. Total hours billed, itemized by position and hourly rate. VII. Name of authorizing City representative. VIII. Testing and Maintenance Report 1.7 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 1.8 Warranty A. The Contractor shall provide one-year warranty on workmanship and one- year warranty or manufacturer warranty on new parts and new backflow prevention device. B. Any additional service call to repair deficiencies, previously addressed, will not be considered for payment. 1.9 Special Instructions A. The Contractor shall check in upon arrival and check out after completion of work with the onsite City representative or Operation superintendent. B. If the Contractor is required to leave the premises to obtain parts or other materials, the Operation Superintendent or onsite City representative must be notified. C. The Contractor shall barricade or place cones around the work area before commencing services. The Contractor shall safeguard the area while services are being performed. The Contractor shall be responsible for assuring the safety of its employees, City employees, and the public during performance of all services under this agreement. D. The Contractor must clean work site from debris or hazards after completion of work. E. The Contractor shall dispose all worn/defective parts, oils, solvents, in accordance with all applicable laws, rules and regulations as to ensure the highest level of safety to the environment and public health. Page 3 of 15 1.10 Work Location The following locations are where the devices are located Parks Dept 7540 RANCHO VISTA BLVD Convention & Visitors Bure 1809 N CHAPARRAL ST City of Corpus Christi Traffic Eng 405 PALM DR City of Corpus Christi Maint & Ops Gas Dept 4225 S PORT AVE # B City Of Corpus Christi Parks Dept 202 SANDBAR AVE IRR PARKS DEPT. 4231 SANTA FE ST # COM01 City of Corpus Christi Inter. Airport 474 PINSON DR CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI-PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI-PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI-PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI-PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST # BL004 Page 4 of 15 CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI-PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI-PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI-PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI-PARKS DEPT 5352 AYERS ST # BL004 Page 5 of 15 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI-PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI-PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST # BL004 Page 6 of 15 City of Corpus Christi Oso Bay Park 2446 N OSO PKWY City of Corpus Christi Oso Bay Park 2446 N OSO PKWY City of Corpus Christi Regional Trans Auth 602 N STAPLES ST City of Corpus Christi Regional Trans Auth 602 N STAPLES ST City of Corpus Christi Regional Trans Auth 602 N STAPLES ST City of Corpus Christi Regional Trans Auth 602 N STAPLES ST 1900 N CHAPARRAL ST # City of Corpus Christi Auditorium BL005 1900 N CHAPARRAL ST # Clty of Corpus Christi Auditorium BL005 1900 N CHAPARRAL ST # Clty of Corpus Christi Auditorium BL005 1900 N CHAPARRAL ST # CITY OF CORPUS CHRISTI BL005 1900 N CHAPARRAL ST # Clty of Corpus Christi Museum *** BL005 1900 N CHAPARRAL ST # Clty of Corpus Christi Auditorium BL005 1900 N CHAPARRAL ST # City of Corpus Christi Auditorium BL005 CITY OF CORPUS CHRISTI 901 RESACA ST City of Corpus Christi Fire Station #4 2338 RODD FIELD RD CITY OF CORPUS CHRISTI 5352 AYERS ST # 131-004 CITY OF CORPUS CHRISTI 5352 AYERS ST # 131-004 CITY OF CORPUS CHRISTI 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI 5352 AYERS ST # BL004 Page 7 of 15 CITY OF CORPUS CHRISTI 5352 AYERS ST # 131-004 CITY OF CORPUS CHRISTI PARKS 5352 AYERS ST # 131-004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # 131-004 CITY OF CORPUS CHRISTI (PARKS) 3202 MCKINZIE RD CITY OF CORPUS CHRISTI PARKS DEPT 3202 MCKINZIE RD CITY OF CORPUS CHRISTI 9725 UP RIVER RD CITY OF CORPUS CHRISTI (PARKS) 9725 UP RIVER RD CITY OF CORPUS CHRISTI 2334 RAIN MIST LN CITY OF CORPUS CHRISTI 5352 AYERS ST # BL012 CITY OF CORPUS CHRISTI 400 COOPER'S ALLEY ROW CITY OF CORPUS CHRISTI 400 COOPER'S ALLEY ROW CITY of Corpus Christi MARINA DIVISION 400 COOPER'S ALLEY ROW CITY OF CORPUS CHRISTI 100 PEOPLES T-HEAD ST CITY of Corpus Christi MARINA DIVISION 100 PEOPLES T-HEAD ST City of Corpus Christi Fire Station #5 3105 LEOPARD ST City of Corpus Christi Fire Station #5 3105 LEOPARD ST City of Corpus christi Police Depart 1501 HOLLY RD City of Corpus Christi Parkdale Library 1230 CARMEL PKWY CITY OF CORPUS CHRISTI- PARKS DEPT. 1230 CARMEL PKWY City of Corpus Christi Health Office 1702 HORNE RD City of Corpus Christi Health Office 1702 HORNE RD City of Corpus Christi Health 1702 HORNE RD CITY OF CORPUS CHRISTI 4225 S PORT AVE City of Corpus Christi Maint & Ops Gas Dept 4225 S PORT AVE City Of Corpus Christi Animal Care 2626 HOLLY RD # 131-006 City of Corpus Christi Police Impound Lot 5485 GREENWOOD DR City of Corpus Christi Garcia Library 5930 BROCKHAMPTON ST CITY OF CORPUS CHRISTI 3135 SWANTNER ST CITY OF CORPUS CHRISTI PARKS DEPT 5225 GOLLIHAR RD Page 8 of 15 CITY OF CORPUS CHRISTI 2823 DEVON DR CITY OF CORPUS CHRISTI 3600 MAPLE ST CITY OF CORPUS CHRISTI 3202 HIGHLAND AVE CITY OF CORPUS CHRISTI 1354 AIRPORT RD CITY OF CORPUS CHRISTI 1354 AIRPORT RD CITY OF CORPUS CHRISTI 1354 AIRPORT RD CITY OF CORPUS CHRISTI 1354 AIRPORT RD CITY OF CORPUS CHRISTI 3224 NIAGARA ST CITY OF CORPUS CHRISTI 4305 GREENWOOD DR CITY of Corpus Christi POLICE DEPT 120 N CHAPARRAL ST CITY of Corpus Christi POLICE DEPT 120 N CHAPARRAL ST CITY OF CORPUS CHRISTI 5352 AYERS ST # 131-006 CITY OF CORPUS CHRISTI 2626 HOLLY RD # 131-007 CITY OF CORPUS CHRISTI 1601 LA JOYA ST CITY OF CORPUS CHRISTI- PARKS DEPT 1601 LA JOYA ST 1902 N SHORELINE BLVD # City of Corpus Christi Art Museum Of So Tex BL004 1902 N SHORELINE BLVD # City of Corpus Christi Art Museum Of So Tex BL004 1902 N SHORELINE BLVD # City of Corpus Christi Art Museum Of So Tex BL004 1902 N SHORELINE BLVD # City of Corpus Christi Art Museum Of So Tex BL004 CITY OF CORPUS CHRISTI- PARKS DEPT 2702 CAMARGO DR CITY OF CORPUS CHRISTI 5930 O'TOOLE DR CITY OF CORPUS CHRISTI 6737 SNEAD DR CITY OF CORPUS CHRISTI- PARKS DEPT 7125 GRAND JUNCTION DR CITY OF CORPUS CHRISTI- PARKS DEPT 3521 CRESTHILL DR CITY OF CORPUS CHRISTI- PARKS DEPT 3909 KINGSTON DR CITY OF CORPUS CHRISTI- PARKS DEPT 5842 TANGLEWOOD DR CITY OF CORPUS CHRISTI- PARKS DEPT 5902 ST ANDREWS DR Page 9 of 15 CITY OF CORPUS CHRISTI 6000 YORKTOWN BLVD City of Corpus Christi Fire Station #17 6869 YORKTOWN BLVD City of Corpus Christi Fire Station #17 6869 YORKTOWN BLVD CITY OF CORPUS CHRISTI 5900 YORKTOWN BLVD CITY OF CORPUS CHRISTI 1201 LEOPARD ST City of Corpus Christi City Hall 1201 LEOPARD ST City of Corpus Christi City Hall" 1201 LEOPARD ST City of Corpus Christi City Hall" 1201 LEOPARD ST City of Corpus Christi City Hall" 1201 LEOPARD ST City of Corpus Christi City Hall" 1201 LEOPARD ST City of Corpus Christi City Hall" 1201 LEOPARD ST City of Corpus Christi City Hall" 1201 LEOPARD ST City of Corpus Christi City Hall" 1201 LEOPARD ST City of Corpus Christi City Hall" 1201 LEOPARD ST City of Corpus Christi Central Library 805 COMANCHE ST CITY OF CORPUS CHRISTI PARKS DEPT 805 COMANCHE ST CITY OF CORPUS CHRISTI PARKS 5352 AYERS ST CITY OF CORPUS CHRISTI PARKS 5352 AYERS ST CITY OF CORPUS CHRISTI PARKS 5352 AYERS ST CITY OF CORPUS CHRISTI PARKS 5352 AYERS ST CITY OF CORPUS CHRISTI PARKS 5352 AYERS ST CITY OF CORPUS CHRISTI PARKS 5352 AYERS ST CITY OF CORPUS CHRISTI PARKS 5352 AYERS ST CITY OF CORPUS CHRISTI PARKS 5352 AYERS ST CITY OF CORPUS CHRISTI 5352 AYERS ST CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST Page 10 of 15 CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST City of Corpus Christi Little Miss Kickball 5352 AYERS ST CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST City of Corpus Christi Art Community Cntr 100 N SHORELINE BLVD City of Corpus Christi Art Community Cntr 100 N SHORELINE BLVD CITY OF Corpus Christi Parks Dept 1002 NORTH SHORELINE CITY OF CORPUS CHRISTI PARKS DEPT 1201 LEOPARD ST CITY OF CORPUS CHRISTI PARKS DEPT 1201 LEOPARD ST City of Corpus Christi Parks Dept 1400 N SHORELINE BLVD CITY OF CORPUS CHRISTI- PARKS DEPT. 1400 N SHORELINE BLVD 1414 MARTIN LUTHER KING CITY OF CORPUS CHRISTI PARKS DEPT DR CITY of Corpus Christi STEVENS WATER TREATMENT PLA 14211 SAND DOLLAR AVE CITY OF CORPUS CHRISTI- PARKS DEPT. 1601 MESQUITE City of Corpus Christi - Water Dept. Wells 1602 WESTRIDGE BLVD Page 11 of 15 CITY OF CORPUS CHRISTI PARKS DEPT 1700 BLOCK OF KENEDY CITY OF CORPUS CHRISTI- PARKS DEPT. 1701 CHAPARRAL & HUGHES 1823 N CHAPARRAL ST # CITY OF CORPUS CHRISTI CONVENTION & VISITORS BL002 1900 N CHAPARRAL ST # City of Corpus Christi Museum *** BL005 1900 N CHAPARRAL ST # City of Corpus Christi Museum *** BL005 1901 N SHORELINE BLVD # City of Corpus Christi Parks Dept WTR 1 1901 N SHORELINE BLVD # CITY OF CORPUS CHRISTI AUDITORIUM WTR1 1901 N SHORELINE BLVD # CITY OF CORPUS CHRISTI AUDITORIUM WTR1 1901 N SHORELINE BLVD # City of Corpus Christi Auditorium WTR 1 1901 N SHORELINE BLVD # City of Corpus Christi Auditorium WTR1 1901 N SHORELINE BLVD # City of Corpus Christi Auditorium WTR 1 1901 N SHORELINE BLVD # City of Corpus Christi Auditorium WTR 1 1901 N SHORELINE BLVD # City of Corpus Christi Auditorium WTR1 CITY OF CORPUS CHRISTI ART MUSEUM 1902 N SHORELINE BLVD City of Corpus Christi Art Museum Of So Tex 1902 N SHORELINE BLVD CITY OF CORPUS CHRISTI- PARKS DEPT. 202 SANDBAR AVE IRR City of Corpus Christi Fire Station #4 2133 NODDING PINES DR CITY OF CORPUS CHRISTI-CEFE VALENZUELA LANDFILL 2397 CR 20 CITY OF CORPUS CHRISTI-CEFE VALENZUELA LANDFILL 2397 CR 20 CITY OF CORPUS CHRISTI-CEFE VALENZUELA LANDFILL 2397 CR 20 Page 12 of 15 CITY OF CORPUS CHRISTI-CEFE VALENZUELA LANDFILL 2397 CR 20 CITY OF CORPUS CHRISTI-CEFE VALENZUELA LANDFILL 2397 CR 20 CITY OF CORPUS CHRISTI-CEFE VALENZUELA LANDFILL 2397 CR 20 City of Corpus Christi Oso Bay Park 2446 N OSO PKWY City of Corpus Christi Oso Bay Park 2446 N OSO PKWY CITY OF CORPUS CHRISTI PARKS 300 NORTH CHAPARRAL CITY OF CORPUS CHRISTI 3102 QUAIL CREEK DR CITY OF CORPUS CHRISTI- PARKS DEPT. Backflow Preventer 3400 SURFSIDE city of Corpus Christi-Parks Dept Backflow Preventer 3500 SURFSIDE BLVD CITY OF CORPUS CHRISTI- PARKS DEPT. 3826 SURFSIDE CITY OF CORPUS CHRISTI- PARKS DEPT. 3826 SURFSIDE CITY OF CORPUS CHRISTI PARKS DEPT 4001 US-77 CITY OF CORPUS CHRISTI- PARKS DEPT. 444 N SHORELINE BLVD CITY OF CORPUS CHRISTI- PARKS DEPT. 444 N SHORELINE BLVD City of Corpus Christi Little Miss Kickball 4444 KOSTORYZ RD City of Corpus Christi Little Miss Kickball 4444 KOSTORYZ RD CITY OF CORPUS CHRISTI PARKS 4501 GREENWOOD CITY OF CORPUS CHRISTI 501 NILE DR CITY OF CORPUS CHRISTI 501 NILE DR CITY OF CORPUS CHRISTI- PARKS DEPT 5042 GREENBRIAR DR City of Corpus Christi Regional Trans Auth 5314 MCARDLE RD CITY OF CORPUS CHRISTI PARKS 5352 AYERS ST CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # BL004 Page 13 of 15 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # 131-004 CITY OF CORPUS CHRISTI PARKS DEPT 5352 AYERS ST # 131-004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # 131-004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # 131-004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # 131-004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # 131-004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # 131-004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # 131-004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # 131-004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # 131-004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # 131-004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # 131-004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # 131-004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # 131-004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # 131-004 CITY OF CORPUS CHRISTI PARKS 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI PARKS 5352 AYERS ST # BL004 CITY OF CORPUS CHRISTI- PARKS DEPT 5352 AYERS ST # 131-004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # 131-004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # 131-004 CITY OF CORPUS CHRISTI- PARKS DEPT. 5352 AYERS ST # 131-004 City of Corpus Christi Regional Trans Auth 5658 BEAR LN # 131-002 City of Corpus Christi Regional Trans Auth 5658 BEAR LN # 131-002 City of Corpus Christi Regional Trans Auth 5658 BEAR LN # 131-002 City of Corpus Christi Regional Trans Auth 5658 BEAR LN # 131-002 City of Corpus Christi Regional Trans Auth 5658 BEAR LN # 131-002 City of Corpus Christi Regional Trans Auth 5658 BEAR LN # 131-002 City of Corpus Christi Regional Trans Auth 5658 BEAR LN # 131-002 6809 YORKTOWN BLVD # CITY OF CORPUS CHRISTI- PARKS DEPT WTRI Page 14 of 15 6809 YORKTOWN BLVD # CITY OF CORPUS CHRISTI- PARKS DEPT WTRI City of Corpus Christi Fire Station #17 6869 YORKTOWN BLVD 902 NORTH SHORELINE CITY OF Corpus Christi Parks Dept BOULEVARD Frost Bank Building 2406 Leopard Page 15 of 15 �8 CITY OF CORPUS CHRISTI o'� 0 PURCHASING DIVISION Revised BID FORM 08/17/2018 • RFB No. 1798 Backflow Prevention Testing and Repairs for Facilities Date: $/27/2018 PAGE 1 OF 1 Smart Plumbing Inc. Authorized Bidder: Signature: 1. Refer to "instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d Bidder acknowledges receipt and review of all addenda for this RFB. Item Description UNIT Approx. Unit Price Total Price QTY- 3 Years 1 Back flow Prevention Nos 909 104.00 94,536.00 Testing and Certification *including filling fee 2 Labor for Sack flow Repair HRS 1200 and New Installation 75.00 90,000.00 Normal Hours-8:00 AM to 5:00 PM Estimated Mark Up Spend %a 3 Parts to repair backflow $ 75,000 19% 89,250.00 preventer and New Backflow preventer 4 Filing fee for New backflow $ 2500 $2500 Prevention device Total 276,286.00 ATTACHMENT C: INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of the subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator (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 Bodily Injury and Property Damage cancellation, non-renewal, material change, or termination required on all Per occurrence - aggregate certificates and policies. COMMERCIAL GENERAL LIABILITY including: $1,000,000 Per Occurrence $1,000,000 Aggregate 1 . Commercial Broad Form 2. Premises- Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II of this (All States Endorsement if Company is not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 Page 1 of 3 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy, • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in Page 2 of 3 coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Purchasing Inspect, Repair and Replace Backflow Preventers 07/05/2018 sw Risk Management Valid Through 12/31/2018 Page 3 of 3 ATTACHMENT D: WARRANTY REQUIREMENTS A. The Contractor shall provide one-year warranty on workmanship and one-year warranty or manufacturer warranty on new parts and new backflow prevention device. B. Any additional service call to repair deficiencies, previously addressed, will not be considered for payment. Page 1 of 1 ,as c� w �A 0 F v AGENDA MEMORANDUM NCOgppppif4 Future Item for the City Council Meeting of September 25, 2018 1852 Action Item for the City Council Meeting of October 09, 2018 DATE: September 25, 2018 TO: Keith Selman, Interim City Manager FROM: Jim Davis, Director of Asset Management JimD(a).cctexas.com (361) 857-1909 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2 a( cctexas.com (361) 826-3169 Plumbing Services for Asset Management CAPTION: Motion authorizing a three-year service agreement with Smart Plumbing Inc of Corpus Christi, Texas for plumbing services for City facilities for a total amount not to exceed $230,625. PURPOSE: This service will provide Plumbing services necessary at City facilities. BACKGROUND AND FINDINGS: Asset management is responsible for maintenance of 478 City owned or leased facilities. These facilities have outdated and complex plumbing systems that are outside the level of expertise of our plumbing staff. It is determined that in the event that a plumbing repair arises that is beyond the level of expertise of our plumbing staff, a professional plumbing company with a more abundant resource of experienced master/journeyman plumbers and engineers would be needed to perform the work so that the facility does not fall into disrepair. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received two responsive, responsible bids, and staff is recommending the award to the lowest, responsive, responsible bidder, Smart Plumbing Inc. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency. DEPARTMENTALCLEARANCES: Asset Management FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017- 2018 Current Year Future Years TOTALS Line Item Budget $0.00 $230,625 $230,625 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $0.00 $230,625 $230,625 BALANCE $0.00 $0.00 $0.00 Fund(s): Various Comments: Funding will be provided by various departments at the time work is needed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation City of Corpus Christi Bid Tabulation Purchasing Division RFB 1774 Plumbing Services for Asset Management BUYER:JAPAN SHAH Asset Department Smart Plumbing Sharelir Item Description Unit Qty Unit Rate Total Price Unit Rate 1 Journeyman Plumber-Normal hours-8:00 AM to HRS 1200 $ 85.00 $ 102,000.00 $ 90.00 5:00 PM 2 Helper-Normal Hours HRS 400 $ 45.00 $ 18,000.00 $ 44.00 3 Journeyman Plumber-Afterhours,Saturdays, HRS 250 $ 127.50 $ 31,875.00 $ 135.00 Sundays,and Holidays 4 Helper-Afterhours,Saturdays,Sundays,and HRS 100 $ 67.50 $ 6,750.00 $ 66.00 Holidays Estimated Mark Up(%) Mark Up(%) Spend 5 Materials $60,000 20% $ 72,000.00 15% $ 230,625.00 ie Plumbing Total Price $ 108,000.00 $ 17,600.00 $ 33,750.00 $ 6,600.00 $ 69,000.00 $ 234,950.00 mus ar 00 � 0 �A > SERVICE AGREEMENT NO. 1774 U Plumbing Services for Asset Management yO RPOR A xs5a THIS Plumbing Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Smith Plumbing Inc ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Plumbing Services in response to Request for Bid/Proposal No. 1774 ("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 Plumbing 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 36 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 zero additional zero-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 $230,625.00, 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. 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 12/15/17 Name: Jesse Hernandez Department: Asset Management- Maintenance Division Phone: (361 )-826-1983 Email: JesseH@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. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any 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. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Jesse Hernandez Title: Superintendent of Operations Address: 5352 Ayers Rd Building 3A, Corpus Christi, TX 78415 Phone: (361 )-826-1983 Fax: (361 )-826-3795 IF TO CONTRACTOR: Smart Plumbing Inc Attn: Reed Glendenning Title: President Address: P.O Box 81429, Corpus Christi, TX 78468 Phone: (361 )-993-5039 Fax: (361 )-993-7838 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 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City 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, Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 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. 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 Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 CONTRACTOR 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 and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. 1774 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 gyUS G� v ATTACHMENT A: SCOPE OF WORK /hOq PORAE6 1852 1.1 General Requirements A. The Contractor shall provide plumbing services for our City owned locations outlined in this Scope of work on as needed basis. B. The Contractor shall furnish labor, parts, supplies, materials, tools and equipment necessary to perform the services for all locations. C. The Contractor shall provide plumbing services as they arise. D. The Contractor shall have enough responsible, trained, and licensed personnel to provide the required services. E. The Contractor is responsible for making repairs of any material or equipment damaged during the completion of work or as a result of action or inaction by Contractor's staff. F. All work performed, and services provided must be accomplished in a manner that meets all applicable specifications, trade standards and provisions, and federal, state and local codes and regulations. 1.2 Routine and Emergency Service Call A. The Contractor shall be available to perform services on as needed basis. B. The City will provide the work order before commencement of services. The Contractor shall request the work order from the Operation Superintendent, if City fails to provide. C. In order to minimize overstaffing and equipment downtime, the City staff shall provide work description in the Work order or explain by email/ phone. Based on description, the Contractor will have a general idea of the work prior to commencement. The Contractor shall not overstaff for job repairs, and use upon customary trade practices, the City's reserves the right to only pay the fees for customary trade practices. D. After inspection of work, If the anticipated cost of Labor and Materials exceeds $1000, the Contractor must obtain approval from the Operation Superintendent prior to commencement of work. E. The Contractor shall perform routine service calls during normal working hours 8:00 AM to 5:00 PM, excluding City holidays. The Contractor shall be on site within two hours or within an agreeable time frame determined by the Operation Superintendent. F. Emergency service calls are defined as an event which requires immediate action to prevent a hazard to life, health, safety, property or to avoid failure of an equipment. When an emergency arises, the Operation superintendent shall notify the Contractor of the emergency repair at the facility. The Contractor shall be on site within an agreeable time frame determined by the Operation Superintendent. Page 1 of 5 G. The Contractor shall check in with the Operation Superintendent at the location upon arrival and check out after completion of work. H. If the Contractor is required to leave the premises to obtain parts or other materials, the Operation Superintendent must be notified. I. The Contractor shall only invoice the City for the time spent on the property. The City will not pay for time spent in route or travelling to acquire parts/supplies. J. Upon completion of the routine or emergency service call, the Contractor's representative shall provide a job ticket. The job ticket shall include, but not limited to: I. Company Name II. Name of technician and/or helper III. Date of Service, IV. Detailed Description of the work performed V. Root causes of failure, if applicable VI. Parts used VII. Work Order number VIII. Total time spent on job. 1.3 Service Personnel A. The Contractor and Technician shall have registered with the State of Texas in accordance with TDLR and to be free of TDLR violations within the last three years. Any personnel assigned to the project shall meet all applicable certification requirements of any regulatory agency having jurisdiction. The Contractor shall ensure that all personnel are continuously trained to meet the latest industry standards. B. The Contractor shall ensure that all crews are fully and properly equipped to perform services promptly and safely without delay. All personnel assigned to the project shall wear a uniform, including safety equipment and any company issued photo identification. The Contractor's employees working on site shall wear clothing with an identification logo bearing the name of the company visible from 15 feet. All personnel shall be neatly dressed in shirts, safety shoes and long pants. Shorts or torn clothing are unacceptable. Clothing worn shall be suitable for electrical work in accordance with NFPA 70E requirements. C. If the service personnel do not perform as per requirement, the City has the right to reject the personnel and the Contractor is liable to deploy new personnel. D. The Contractor shall conduct background checks for all personnel before assigned to work under this agreement. The Contract Administrator may ask for background check reports from the Contractor. The City reserves the right to approve or refuse employees because of back ground check. The Background check will be done at the sole expense of the Contractor. Page 2 of 5 1.4 Recordkeeping The Contractor shall establish and maintain a log delineating complete and accurate records of all repairs, parts, supplies and materials for each location for the term of the Contract. The Contractor shall update the logs after each service defined in the Contract. 1.5 Invoicing A. Each month, the Contractor shall submit the invoice for repair services to the City. Invoice must contain following: 1 . Purchase order number 2. Description of work 3. Total hours billed, itemized by position and hourly rate 4. Work order no/ Job ticket 5. Copies of all invoice for parts/materials (to verify markup %) B. Invoices shall be sent as follows: Original copy to the City's Account payable department and one (1 ) to the Contract Administrator. Approval for payment shall be authorized by the Operation Superintendent. 1.6 Safety A. The Contractor shall barricade or place cones around the work area before commencing services. The Contractor shall safeguard the area while services are being performed. The Contractor shall try to minimize any interference to the building occupants with the day to day operations. The Contractor shall be responsible for assuring the safety of its employees, City employees, and the public during performance of all services under this agreement. B. The Contractor shall not store worn or defective parts on City premises at the end of the work day, unless otherwise approved by the Operation Superintendent or designee. C. The Contractor must clean work site from debris or hazards after completion of work. D. The Contractor shall dispose all worn/defective parts, oils, solvents, in accordance with all applicable laws, rules and regulations as to ensure the highest level of safety to the environment and public health. 1.7 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 1.8 Warranty A. The Contractor shall provide one-year warranty on workmanship. The Contractor shall provide one-year warranty or manufacturer warranty on all new parts. B. Any additional service call to repair deficiencies, previously addressed, will not be considered for payment. Page 3 of 5 1.9 Work Site and Conditions The Contractor shall perform plumbing services to the following locations including but not limited to: BUILDING Address Zip Code 1 Health Department 1702 Horne Rd, Corpus Christi, TX 78416 2 City Hall 1201 Leopard St, Corpus Christi, TX 78401 3 Gas Department 4225 S Port Ave, Corpus Christi, TX 78415 4 Police Department 321 John Sartain St, Corpus Christi, TX 78401 5 Municipal Courts 321 John Sartain St, Corpus Christi, TX 78401 6 Frost Bank 2402 Leopard St, Corpus Christi, TX 78408 7 Water Department 2726 Holly Rd, Corpus Christi, TX 78415 8 Broadmoor Senior Center 1651 Tarlton St, Corpus Christi, TX 78415 9 Ethel Eyerly Senior Center 654 Graham Rd. Corpus Christi, TX 78418 10 Garden Senior Center 5325 Greely Dr, Corpus Christi, TX 78412 11 Greenwood Senior Center 4040 Greenwood Dr, Corpus Christi, TX 78416 12 Lindale Senior Center 3135 Swantner St, Corpus Christi, TX 78404 13 Northwest Senior Center 9725 Up River Rd, Corpus Christi, TX 78410 14 Oveal Williams Senior 1414 Martin Luther King Dr, Corpus Christi, 78401 Center TX 15 Zavala Senior Center 510 Osage St, Corpus Christi, TX 78405 16 La Retama Central Library 805 Comanche St, Corpus Christi, TX 78401 17 Garcia Public Library 5930 Brockhampton St, Corpus Christi, TX 78414 18 Janeth Harte Public 2629 Waldron Rd, Corpus Christi, TX 78418 Library 19 Hopkins Public Library 3202 McKenzie Rd, Corpus Christi, TX 78410 20 McDonalds Library 4044 Greenwood Dr, Corpus Christi, TX 78416 21 Neyland Public Library 1230 Carmel Pkwy, Corpus Christi, TX 78411 22 Joe Garza Recreation 3204 Highland Ave, Corpus Christi, TX 78405 Center 23 Lindale Recreation Center 3133 Swantner St, Corpus Christi, TX 78404 24 Oak Park Recreation 842 Erwin Ave, Corpus Christi, TX 78408 Center 25 Oso Recreation Center 1 1 1 1 Bernice Dr, Corpus Christi, TX 78413 Page 4 of 5 26 Soloman Coles Rec 924 Winnebago St, Corpus Christi, TX 78401 Center 27 Science and History 1900 N Chaparral St, Corpus Christi, TX 78401 Museum 28 Al Kruse Tennis Center 502 King St, Corpus Christi, TX 78401 29 HEB Pool Complex 1520 Shely St, Corpus Christi, TX 78404 30 HEB Tennis Court 1520 Shely St, Corpus Christi, TX 78404 31 Central Kitchen 4141 Old Brownsville Rd, Corpus Christi, TX 78405 32 O N Stevens Plant 13101 Leopard St, Corpus Christi, TX 78410 33 Solid Waste Building 2525 Hygeia, Corpus Christi, TX 78415 34 Oso Waste Water 501 Nile, Corpus Christi, TX 78412 Treatment Plant (WWTP) 35 Greenwood Waste water 6541 Greenwood Dr, Corpus Christi, TX 78417 treatment Plant 36 Broadway Waste Water 1402 W Broadway, Corpus Christi, TX 78401 Treatment plant 37 Laguna Madre Waste 201 Jester St, Corpus Christi, TX 78418 Water Treatment Plant 38 White Cap Waste Water 13409 White Cap St, Corpus Christi, TX 78418 Treatment plant 39 Allison WWTP 4101 Allison St, Corpus Chishti, TX 78410 40 CEFE Landfill 2397 Co.Rd.20, Robstown, TX 78380 41 J C Elliot Transfer Station 6594 Greenwood St, Corpus Christi, TX 78415 Page 5 of 5 Attachment B: Bid/Pricing Schedule cQg� CITY OF CORPUS CHRISTI Addendum 1 received o` 0 BID FORM PURCHASING DIVISION RFB No. 1774 I�2 Plumbing Services for Asset Management Date: 08/27/2018 PAGE 1 OF 1 Smart Plumbing Inc. Authorized Bidder: Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFS. Item Description UNIT QTY- 3 Unit Total Price ears Price 1 Journeyman Plumber- Normal HRS 1200 hours-8:00 AM to 5:00 PM 85.00 102,000.00 2 Helper- Normal hours HRS 400 45.00 18,000.00 3 Journeyman Plumber- HRS 250 Afterhours, Saturdays, Sundays 127.50 31 875.00 and Holidays 4 Helper Plumber- Afterhours, HRS 100 Saturdays, Sundays and 67.50 6,750.00 Holidays Estimated Mark Up Spend (%J 5 Materials $60,000 20% 72,000.00 Total 230,625.00 Page 1 of 1 ATTACHMENT C: INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of the subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator (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, Bodily Injury and Property Damage non-renewal, material change, or termination required on all certificates and policies. Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: $1,000,000 Per Occurrence 1 . Commercial Broad Form $1,000,000 Aggregate 2. Premises- Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II of (All States Endorsement if Company is not this Exhibit. domiciled in Texas) $500,000/$500,000/$500,000 Employers Liability Page 1 of 3 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy, • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City, and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. Page 2 of 3 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. 2018 Insurance Requirements Facility and Property Management Plumbing Installation, Maintenance, Repairs and Emergency Repairs 01/17/2018 sw Risk Management Valid Through 12/31/2018 Page 3 of 3 ATTACHMENT D: WARRANTY REQUIREMENTS A. The Contractor shall provide one-year warranty on workmanship. The Contractor shall provide one-year warranty or manufacturer warranty on all new parts. B. Any additional service call to repair deficiencies, previously addressed, will not be considered for payment. Page 1 of 1 SC o� Va. U ,NOORP08PI AGENDA MEMORANDUM 1852 for the City Council Meeting of 09/25/2018 DATE: August 30, 2018 TO: Keith Selman, Interim City Manager THRU: Mark Van Vleck, Assistant City Manager FROM: Valerie H. Gray, P.E., Executive Director of Public Works ValerieG@cctexas.com 361-826-3729 Andres Leal, Jr., P.E., Director of Street Operations AndyL@cctexas.com 361-826-1957 QUARTERLY UPDATE TO CITY COUNCIL Harbor Bridge Replacement Project STAFF PRESENTER(S): Name Title/Position Department 1. Valerie H. Gray, P.E. Executive Director Public Works OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Keith Armstrong Project Manager Flatiron/Dragados 2. John Palmer Deputy Project Manager Flatiron/Dragados BACKGROUND: This is the 2018 Third Quarter Update to City Council on the Harbor Bridge Replacement Project. LIST OF SUPPORTING DOCUMENTS: None Project No.: N/A 1 VG/ASG Legistar No.: 18-1131 Rev.0,08-30-18 SC GO O� v bC RIUA AGENDA MEMORANDUM 1852 for the City Council Meeting of September 25, 2018 DATE: September 14, 2018 TO: Keith Selman, Interim City Manager FROM: Dan Grimsbo, Executive Director of Water Utilities DanG(o-)-cctexas.com 361-826-1689 Seawater Desalination Siting and Permitting Project STAFF PRESENTER(S): Name Title/Position Department 1. Mark Van Vleck Assistant City Manager 2. Dan Grimsbo Executive Director of Water Utilities Water Utilities 3. Steve Ramos Water Resource Manager Water Utilities 4. Frank Brogan Consultant OUTSIDE PRESENTER(S): Freese and Nichols Inc. staff BACKGROUND: This presentation will review the ongoing work regarding the Seawater Desalination Siting and Permitting Project LIST OF SUPPORTING DOCUMENTS: PowerPoint Presentation City of Corpus Christi Seawater Desalination Project Siting and Permitting Master Services Agreement Council Presentation p Se tember 25, 2018 �. Seawater Desalination - Siting & Permitting y Project Overview • Goals — Lowering Risks, Reducing Unknowns — Provide Drought Resistant Water Supply • Major Tasks — Facilities Siting — Obtain Permits — I lement Communication/Outreach Seawater Desalination - Siting & Permitting Facilities Siting ✓ Completed First Progress Meeting ✓ Met with key landowner on option for land evaluation/potential acquisition ❑ Confirm project capacities, water quality, concentrate management, and procurement- : approach (draft completed) ❑ Identify/screen potential sites ❑ Select & Evaluate up to five candidate sites ❑ Recommend two preferred sites ? Seawater Desalination Siting & Permitting -� Obtain Project Permits ✓ Briefing meetings completed: ✓ Texas General Land Office ✓ Texas Commission on Environmental yN9 ✓ Texas Parks & Wildlife Dept. ✓ Ongoing coordination w/Texas Water Development Board ❑ Submit Permit Applications & Coordinate Approvals • Texas Pollutant Discharge Elimination System • Water Rights ,, • Marl, Sand, Gravel Shell/Mudshell • Public Water System Registration • New Source Water Approval 13 Seawater Desalination - Siting & Permitting Communication & Outreach ✓ Outreach underway based on initial plan ✓ Issues definition and message development t, ✓ Review CA & FL plants outreach programs ✓ Presentation at Texas Desal Conference ✓ Ongoing coordination with Port Industries R � ✓ Internal protocols in place ❑ Project page on City website ❑ Detailed outreach program development y ❑ Bi-weekly progress updates Seawater Desalination Siting & Permitting Project Schedule Major Events/Milestones Q1 QI Q3 Q4 QI Q2 Q3 Q4 QI Q2 Q3 Q4 Notice to Proceed Confirm Project Definitions Site Selection Screening Potential Sites Evaluate Candidate Sites Identify Preferred Sites Permitting Source Water Characterization TPDES Applications Joint Evaluation Meeting Marl,Sand,Gravel Shell or Mudshell Permits Texas Land Application Permit Conceptual Design of Plant Intake/Outfall Facilities Water Rights New Source Water Approval Seawater Desalination -Siting & Permitting -� Council Update 1 - Key Take-Aways • Goals — Lowering Risks, Reducing Unknowns; — Provide Drought Resistant Water Supply • Significant Accomplishments — Siting and Permitting Phase Underway — Team of dedicated specialists — Significant progress over last six weeks — Active outreach to key stakeholders and interests — Regular updates will occur