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HomeMy WebLinkAboutAgenda Packet City Council - 05/14/2013g Corpus Christi Meeting Agenda - Final City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, May 14, 2013 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., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles- espanol en todas las juntas del Concilio para ayudarle. 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 Nelda Martinez to call the meeting to order. B. Invocation to be given by Pastor Greg Hackett, First United Methodist Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. E. Proclamations / Commendations 1. 1 3- 000432 Proclamation declaring May 2013 as "Motorcycle Safety and Awareness Month" F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. 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 have a petition or other information pertaining to your subject, please present it to the City Secretary. Corpus Christi Page 1 Printed on 5/13/2013 City Council Meeting Agenda - Final May 14, 2013 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. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: H. EXECUTIVE SESSION: (ITEM 2) 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. In the event 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 office. 2. 13- 000437 Executive session pursuant to Section 551.087 of the Texas Government Code to deliberate regarding confidential commercial or financial information received from a business prospect that the City Council seeks to have locate, stay, or expand within the City and with which the City is conducting economic development negotiations and to deliberate possible offers of financial or other incentives to said business prospect, with possible discussion and action in open session. I. MINUTES: 3. 13- 000434 Approval of Meeting Minutes - Regular Meetings of April 23, 2013 and April 30, 2013. Attachments: Minutes - April 23, 2013 R�� *07M VBRI.- imel1y111y11111a0W :2001IL1 11111y11;IL1 111 &1'3i 4. 13- 000433 Advisory Committee on Community Pride Airport Board Animal Control Advisory Committee Building Code Board of Appeals Commission on Children and Youth Committee for Persons with Disabilities Corpus Christi Page 2 Printed on 5/13/2013 City Council Meeting Agenda - Final May 14, 2013 Marina Advisory Committee Mayor's Fitness Council Parking Advisory Committee Planning Commission Attachments: Board Packet K. 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. L. CONSENT AGENDA: (ITEMS 5 -11) 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. 5. 13- 000347 Purchase of Enterprise Resource Planning System and component software (Related Items 5 - 8) Motion approving license, service, hosting, maintenance and professional services agreements with Infor (US), Inc., Alpharetta, GA, for an enterprise resource planning system for $5,922,196.16, of which $1,383,138.16 is required for the remainder of FY 2012 -2013; an additional project contingency of $749,718.87; and ongoing service, hosting and maintenance. The initial term of the service agreement is three years and the initial term of the hosting and maintenance agreements is one year; each will automatically renew annually thereafter upon payment of annual service, hosting and maintenance fees, respectively. The term of the professional services agreement will extend through project completion. Funds have been budgeted by the Municipal Information Systems Department in FY 2012 -2013. Attachments: Agenda Memo - Infor - Purchase of Enterprise Resource Planning S stem Evaluation Summary - Infor - Purchase of Enterprise Resource Planning System Presentation - ERP 6. 13- 000355 Motion approving software license, service and maintenance agreements with Emphasys Software, Emeryville, CA for treasury management software for $105,600.00, of which $36,500.00 is required for the remainder of FY 2012 -2013; and ongoing service and maintenance. The initial term of the service and maintenance Corpus Christi Page 3 Printed on 5/13/2013 City Council Meeting Agenda - Final May 14, 2013 7. 13- 000356 Motion approving a software license and maintenance agreement with MHC Software, Inc., Burnsville, MN, for document generating software for $136,584.80, of which $68,292.40 is required for the remainder of FY 2012 -2013; and ongoing maintenance. The initial term of the maintenance agreement is two years and will automatically renew annually thereafter upon payment of annual maintenance fees. Funds have been budgeted by the Municipal Information Systems Department in FY 2012 -2013. Attachments: Agenda Memo - MHC - Purchase of Component Software for Enterprise Resource Planning System Software License & Maintenance Agreement -MHC MHC - Purchase of Component Software for Enterprise Resource Planning System 8. 13- 000357 Motion approving a software license and maintenance agreement with PCI, LLC, Tampa, FL, for cash management software for $117,810.00, of which $117,810.00 is required for the remainder of FY 2012 -2013; and ongoing maintenance. The initial term of the maintenance agreement is one year and will automatically renew annually thereafter upon payment of annual maintenance fees. Funds have been budgeted by the Municipal Information Systems Department in FY 2012 -2013. Attachments: Agenda Memo - PCI - Purchase of Component Software for Enterprise Resource Planning System License & Maintenance Agreement - PCI - Purchase of Componenet Software for Enterprise Resource Planning System 9. 13- 000279 Landscape maintenance agreement for improvements on State Highway 358(South Padre Island Drive) /Flour Bluff Drive intersection and State Highway 358(South Padre Island Drive) /State Highway 44 Interchange Resolution authorizing the City Manager, or designee, to execute a Landscape Maintenance Agreement with the Texas Department of Transportation (TXDOT) for landscape improvements within the project's scope of SH 358 (South Padre Island Drive) /Flour Bluff Drive Intersection and SH 358 (South Padre Island Drive) /SH 44 Interchange. Attachments: Agenda Memo - Landscape Maintenance Agreement.pdf 10. 13- 000398 Amendment to Financial Policy Corpus Christi Page 4 Printed on 5/13/2013 City Council Meeting Agenda - Final May 14, 2013 Resolution amending financial policies adopted by Resolution 029521 and providing financial policy direction on preparation of the Annual Budgets. Agenda P olicy Amendment 04 Res Poli 11. 13- 000396 Second Reading Ordinance - Approval for the sale of foreclosed property at annual tax resale auction to recoup City's share of property taxes (1st Reading 4130113) Ordinance authorizing the sale of no greater than one hundred and three (103) properties shown on the attached and incorporated "Re -Sale Property List" at a tax resale auction with opening bids of 20% of the most recent tax appraisal value, and reducing the opening bid for unsold properties by half. Attachments: Agenda Memo - Property Tax Sales - 103 properties April 30, 2013.pdf M. PUBLIC HEARINGS: (ITEMS 12 -15) 12. 13- 000364 Public Hearing /First Reading Ordinance - Unified Development Code Text Amendment exempting Regional Transit Authority signs that contain commercial advertising Ordinance amending the Corpus Christi Unified Development Code by revising subsection 7.5.7.A.7 relating to signs partially exempt from the UDC; providing for severance, penalties, and publication. Attachments: Agenda Memo - Signs - RTA, 4 -17 -2013 fr om C ode Op inion Attorney General 13. 13- 000314 Public Hearing and First Reading Ordinance - Rezoning from Residential to Industrial for Elizabeth Anne Meaney on property located at 8801 State Highway 44 (Tabled on 4/23/13) Case No. 0313 -01 Elizabeth Anne Meaney A change of zoning from the "RS -6" Single - Family 6 District to the "IL/SP" Light Industrial District with a Special Permit for the wholesale storage and distribution of fuels and lubricants, not resulting in a change to the Future Land Use Map. The property being rezoned is described as being an 18.25 -acre tract of land out of the G. H. McLeroy 40 -acre tract and being out of Survey 402, Thomas Gallagher Abstract 988 and the James W. Ward Abstract 1031, Corpus Christi Page 5 Printed on 5/13/2013 City Council Meeting Agenda - Final May 14, 2013 located on the south side of State Highway 44, approximately 110 feet east of South Clarkwood Road. Staff Recommendation: Denial of the change of zoning from the "RS -6" Single - Family 6 District to the "IL /SP" Light Industrial District with a Special Permit, and in lieu thereof, approval of the "IL" Light Industrial District. Planning Commission Recommendation (March 27, 2013): Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "IL /SP" Light Industrial District with a Special Permit subject to a site plan and conditions. Ordinance Ordinance amending the Unified Development Code ( "UDC') upon application by Elizabeth Anne Meaney ( "Owner "), by changing the UDC Zoning Map in reference to an 18.25 -acre tract of land out of the G. H. McLeroy 40 -acre tract and being out of Survey 402, Thomas Gallagher Abstract 988 and the James W. Ward Abstract 1031, from the "RS -6" Single - Family 6 District to the "IL /SP" Light Industrial District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - Elizabeth Meaney 05092013 Ordinance + RS6 to ILSPIC vFinal 20 130507 exhi Ordinance "- 6 to I L vFi nal 2013040 py',Ofifiq 14. 13- 000296 Public Hearing and First Reading Ordinance - Amending the South Central Area Development Plan, an Element of the Corpus Christi Comprehensive Plan Ordinance amending the South Central Area Development Plan, an element of the Comprehensive Plan of the City of Corpus Christi by renaming the Plan; updating goals and policies; providing new measurable strategies and a new multi -modal transportation plan, urban design plan, and urban living options plan; updating the future land use map; providing for severance;and providing for publication Attachments: Agenda Memo - 05 -14, Corpus Christi Page 6 Printed on 5/13/2013 City Council Meeting Agenda - Final May 14, 2013 15. 13- 000376 Public Hearing and Second Reading Ordinance - Designating voestalpine Reinvestment Zone (1st Reading 4130113) Ordinance designating the "voestalpine Reinvestment Zone" within the extra territorial jurisdiction of the City of Corpus Christi, Texas ( "City ") and within the City limits under the Property Redevelopment and Tax Abatement Act (Chapter 312 of the Texas Tax Code). Attachments: Agenda Memo - Designating voestalpine Reinvestment Zone • •- • ". N. REGULAR AGENDA: (ITEMS 16 -18) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 16. 13- 000352 Second Reading Ordinance - Amending City Code regarding farmer's markets and the accompanying vendor fee (1st Reading 4130113) Ordinance amending Chapter 19, Code of Ordinances, City of Corpus Chrisit, regarding farmer's markets and the accompanying vendor fee; providing for penalties; providing for severance; and providing for publication. Attachments: Agenda Memo - Farmer's Market - revised on 5 -8 -13 • - t11 r eading. D WBFinaIV1 5-8-13 17. 13- 000228 Second Reading Ordinance - Appropriating funds for the Energy Efficiency Conservation Retrofit for Major City Facilities project; changing the Capital Improvement Budget; and executing Amendment No. 1 to the performance contract for energy audit (Phase 2)(1st Reading 4123113) Ordinance appropriating $40,389 from AEP Program Incentives in the No. 3160 City Hall CIP Fund for the Energy Efficiency Conservation Retrofit for Major City Facilities project; changing the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to increase revenues and expenditures by $40,389 each; and authorizing the City Manager, or designee, to execute Amendment No. 1 Technical Energy Audit to the Fixed Price Energy Performance Contract (Design /Build) with McKinstry Essention of Seattle, Washington for Energy Efficiency Conservation Retrofit for Major City Facilities in the amount of $125,000, for a total re- stated fee of $7,075,000. Corpus Christi Page 7 Printed on 5/13/2013 City Council Meeting Agenda - Final May 14, 2013 Attachments: Agenda Memo - Technical Energy Audit Phase 2 uma. . Pr o j ect Budget E • Ordi nance E ner g y A udit Location Map - Technical Energy Audit Phase 2.pdf 18. 13- 000301 Second Reading Ordinance - Adopting the Consolidated Annual Action Plan for housing and homeless needs (1st Reading 4123113) Ordinance to adopt the fiscal year (FY) 2013 -2014 Consolidated Annual Action Plan (CAAP), for the Community Development Block Grant (CDBG), the Emergency Solutions Grant (ESG), and the HOME Investment Partnerships (HOME) Programs; to authorize the City Manager or designee to submit the FY2013- FY2014 CAAP to the U.S. Department of Housing and Urban Development (HUD), and to amend if required by HUD; to authorize the City Manager or designee to execute all documents necessary to accept and appropriate upon receipt the grants from HUD into the Grant Fund No. 1059 for the approved FY2013 -2014 CAAP projects and further to execute funding agreements and all other documents necessary to implement the FY2013 -2014 CAAP with organizations for approved projects; and to ratify the ESG funding agreements and other applicable implementation documents to be effective as of August 1, 2013. Attachments: Agenda Memo - CAAP FY2013 -2014 l is 1 ai. Attachment D FT2013 CDBG Age da P Attachment D FY2013 ESG Agenda ■ D O. FIRST READING ORDINANCES: (ITEMS 19 - 28) 19. 13- 000377 First Reading Ordinance - Accepting and appropriating a Regional grant to support Emergency Medical Services (EMS) operations Ordinance authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $2,847.28 to be used for the purchase of supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department; and appropriating $2,847.28 from the Coastal Bend Regional Advisory Council into the No. 1062 Fire Grant Fund to purchase supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department Corpus Christi Page 8 Printed on 5/13/2013 City Council Meeting Agenda - Final May 14, 2013 Attachments: Agenda Memo - EMS �1111121011113N 0=0 20. 13- 000376 First Reading Ordinance - Accepting and appropriating a Regional grant to support the Web Based Emergency Operations Center (WebEOC) Ordinance authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $40,000 for the benefit of the City's WebEOC operations; and appropriating $40,000 from the Coastal Bend Regional Advisory Council into the 1062 Fire Grant Fund to purchase equipment, services, technical support, training and travel for the Corpus Christi Fire Department's WebEOC. Attachments: Agenda Memo - WebEoc 21. 13- 000419 First Reading Ordinance - Amending the City Code to revise the City's Water Conservation Plan and Drought Contingency Plan Ordinance adopting the Water Conservation Plan and Drought Contingency Plan; Amending City Code of Ordinances, Chapter 55, Article XII Water Conservation, regarding water resource management including drought restrictions and surcharges, providing an effective date of June 3, 2013; and providing for penalties. Attachments: Agenda Memo - WCP DCP 5 10 13 Presentati Ordinance - Water Resource Management Final 5-8-13.pdf Water Conservation Plan - 2013 w Appendices Final.pdf Drought Contingency Plan - 2013 Final w appendices 5-2-13.pdf D P 22. 13- 000421 First Reading Ordinance - Amending City code to allow dogs in outdoor dining areas of food establishments Ordinance amending Chapter 19, Code of Ordinances, City of Corpus Christi, regarding a variance of Section 19 -15 which allows for dogs in outdoor dining areas of food establishments and the accompanying application and variance certificate fee; providing for penalties; providing for severance; and providing for publication. Attachments: Agenda Memo - for Ordinance allwoing dogs in outdoor dining areas 23. 13- 000402 First Reading Ordinance - Lease renewal with Padre Little League for baseball field at Bill Witt Park Ordinance authorizing the City Manager or designee to execute a Corpus Christi Page 9 Printed on 5/13/2013 City Council Meeting Agenda - Final May 14, 2013 five -year Lease Agreement with Padre Little League for the use of Bill Witt Park for its baseball program. Attachments: Agenda Memo - Padre Little League lease 24. 13- 000405 First Reading Ordinance - Lease renewal with Padre Youth Soccer for soccer field at Bill Witt Park Ordinance authorizing the City Manager or designee to execute a five -year Lease Agreement with Padre Soccer League for the use of Bill Witt Park for its soccer program. Attachments: Agenda Memo - Padre Youth Soccer League lease 25. 13- 000358 First Reading Ordinance - Approval of a use privilege agreement with the Corpus Christi Independent School District to install, operate, maintain, and remove a wastewater line located at 2602 Lipan Street Ordinance authorizing the City Manager to execute a use privilege agreement with the Corpus Christi Independent School District ( "Permittee ") to install, operate, maintain, and remove a private two -inch wastewater force main within the Lipan Street public right -of -way, subject to Permittee's compliance with specified conditions. �.�.����. � -� raj ►� �. 5 -28 -13 (Revised2) Agreement - Use Privilege with Exhibits (CCISD Signatures), 4 -23 -2013 Ordinance - UPA CCISD RMHS Softball Field vFinal 20130325 26. 13- 000368 First Reading Ordinance - Amendment to Type A agreement for Del Mar College Internship Program (Original Agreement Passed 08/21/12) Ordinance appropriating $72,804.35 from the unreserved fund balance in the No. 1140 Business /Job Development Fund for a small business incentives grant from the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") to Del Mar College ( "Del Mar ") for an intern program to support small businesses; Changing the FY 2012 -2013 operating budget, adopted by Ordinance No. 029565, by increasing proposed expenditures by $72,804.35. Attachments: Agenda Memo - Del Mar Intern r . . - SEINUTIRIMMMS t Corpus Christi Page 10 Printed on 5/13/2013 City Council Meeting Agenda - Final May 14, 2013 27. 13- 000369 First Reading Ordinance - Amendment to Type A agreement for Texas A &M University - Corpus Christi Internship Program (Original Agreement Passed 08121112) Ordinance appropriating $35,060 from the unreserved fund balance in the No. 1140 Business /Job Development Fund for a small business incentives grant from the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") to Texas A &M University - Corpus Christi ( "TAMU -CC ") for an intern program to support small businesses; Changing the FY 2012 -2013 operating budget, adopted by Ordinance No. 029565, by increasing proposed expenditures by $35,060. Attachments: Agenda Memo - TAMU -CC Intern t + a a + 28. 13- 000408 First Reading Ordinance - Lease agreement for boat show event Ordinance authorizing the City Manager or designee to execute agreement with Costa Productions, L.L.C. for use of portions of Lawrence Street T -head from July 8, 2013 through July 15, 2013 for a boat show event. Attachments: Agenda Memo - Boat Show 2013 P. FUTURE AGENDA ITEMS: (ITEMS 29 - 39) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 29. 13- 000384 Purchase of Police Motorcycles Motion approving the purchase of six (6) police motorcycles from GRAMB, Inc. dba Corpus Christi CyclePlaza, Corpus Christi, Texas in accordance with Request For Proposal No. BI- 0087 -13 based on best value for an estimated expenditure of $163,386.00, of which $149,886.00 is required for the remainder of FY 2012 -2013. Funding is available in the FY 2012 -2013 Capital Outlay Budget. Attachments: Agenda Memo - Police Motorcycles 30. 13- 000389 Supply agreement for polymer used to remove water from sludge at wastewater treatment plants Motion approving a supply agreement with Polydyne Inc., Riceboro, Georgia for sludge dewatering polymer to be used at the wastewater Corpus Christi Page 11 Printed on 5/13/2013 City Council Meeting Agenda - Final May 14, 2013 treatment plants in accordance with Bid Invitation No. BI- 0133 -13, based on only bid for an estimated twelve month expenditure of $162,958.00 of which $40,739.50 is required for FY 2012 -2013. The term of the contract will be for twelve months with option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or designee. Funds are available in the Wastewater Operating Budget in FY 2012 -2013. Attachments: Agenda Memo - Supply Agreement for Sludge Dewatering Polymer.pdf 31 32 Motion approving a supply agreement with Brenntag Southwest, Inc., Dallas, Texas for approximately 956,200 pounds of sodium hypochlorite solution in accordance with Bid Invitation No. BI- 0137 -13 based on lowest responsible bid for an estimated twelve month expenditure of $551,211.90 of which $137,334.23 is required for FY 2012- 2013.The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve -month periods subject to the approval of the supplier and the City Manager or designee. Funds are available in the Water and Wastewater Operations Budgets in FY2012 -2013. Motion authorizing the City Manager, or designee, to execute a Change Order No. 11 with Texas Sterling Construction of Houston, Texas in the amount of $508,077.63, for the Kostoryz Road Improvements Phase 1 from Horne to Sunnybrook and Phase 2 from Sunnybrook to SPID. Attachments: Aaenda Memo - Kostorvz Road Improvements Phase 1 and Phase 2. pdf Project Budget.pdf L OCATION MAP.pd TEX AS + ORDER NO 11 •• 33 13- 000390 Supply agreement for chemical solution for disinfection of treated effluent and potable drinking water 13- 000354 Engineering design contract for lifecycle curb and gutter replacement Motion authorizing the City Manager, or designee, to execute a Contract Corpus Christi Page 12 Printed on 5/13/2013 City Council Meeting Agenda - Final May 14, 2013 for Professional Services with Engineering and Construction Management Services LLC, from Corpus Christi, in the amount of $73,150.00, for Lifecycle Curb and Gutter Replacement. Attachments: Agenda Memo - Lifecycle Curb and Gutter Replacement.pdf w . • •i 34 Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to the Contract for Professional Services with Freese and Nichols, Inc. from Corpus Christi, Texas in the amount of $38,540.00, for a re- stated fee not to exceed $72,978.00 for Schanen Ditch Improvements Phase 2, for design, bid, and construction phase services. Attachments: Agenda Memo - Schanen Ditch. pdf INIZISMIZEM R • 35 Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with CH2M Hill, Inc., from Corpus Christi, in the amount of $263,200.00, for ADA Master Plan Improvements City -Wide Bond Issue 2012 for design, bid, and construction phase services. (Proposition No. 1 Street Projects) Attachments: Agenda Memo - ADA Master Plan Improvements City Wide.pdf Location Map - ADA Master Plan Improvements.pdf Project Budget - ADA Master Plan Improvements City Wide. pdf A DA Master Plan Imp rovements Aerial .s •• 1111 13- 000383 Engineering design contract amendment no. 1 for Schanen Ditch Improvements Phase 2 13- 000406 Engineering design contract for Americans with Disabilities Act (ADA) Master Plan Improvements City Wide (BOND 2012) 13- 000418 Interlocal agreement with Regional Transportation Authority (RTA) for street improvement program Resolution authorizing the City Manager, or designee, to execute an Interlocal Agreement with the Corpus Christi Regional Transportation Authority to increase funding based upon sales tax revenues and provide for a more efficient process in funding street improvements. Corpus Christi Page 13 Printed on 5/13/2013 City Council Meet Agenda 'Final May 14.2018 Attachments: 37. Chapter 380 Agreement for Staples Center Retail Venture, LP (The Shops at La Palmera) Approv a resolution authorizing the City Manager or designee to execute a Chapter 380 Economic Development Incentive Agreement with Staples Center Retail Venture, LP ("Agreement") for certain economic development grants for redevelopment of Staples Retail Center and Mt. Vernon Center, for the benefit of the City. Attachments: Agenda,_M,em,o_,-,_,Exec,_Staples,_Cente,r,_RetaiI Venture Resolution-Staples Center 380 Agmt Chapter,_380_,Agreement_,-,_Stapies Center Retail_ SL 38. Purchase of software, hardware and services to create mvirtual desktop program for City computer services Motion authorizing the City Manager, or designee, hoexecute documents necessary to purchase ooftvvane, handvvane, and services for avirtua| desktop infrastructure program from the following suppliers: Computer Solutions for $52.70S.70. Dell, |no.. for $31.875.00.and |nte|ek Technologies for $2.317.00 for atotal expenditure of $86.901.70. Attachments: Agenda_,Me - virtual desktop Professional ServicesAgreement 39. 13-000427 Approving Financial Underwriters for issuing bonds Motion approv authorized list cf financial underwr (� BRIEFINGS TO CITY COUNCIL: (ITEM 40) The following items are for Council's informational purposes only. No action will botaken and no public comment will bosolicited. 40. 13-000367 Nueces County Appraisal District Attachments: Presentation - 2013 NCAD POWER POINT-CITY OF CC LL Agenda Memo - Nueces County Appraisal District FL LEGISLATIVE UPDATE: (ITEM 41) 41. Status Report on Legislative |ooueo Corpus Christi Page 14 Printed on 511312013 City Council Meeting Agenda - Final May 14, 2013 ADJOURNMENT Corpus Christi Page 15 Printed on 5/13/2013 a, 7 Corpus Christi Meeting Minutes - Final City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, April 23, 2013 11:30 AM Council Chambers A. CALL MEETING TO ORDER. = �IL1V1019j_l1101L1 11 Mayor Martinez called the meeting to order. The invocation was delivered by Pastor Luis Cabrera, Maranatha Church. C. PLEDGE OF ALLEGIANCE. The Pledge of Allegiance was led by Kristina Leal, Chief of Staff, Mayor's Office. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. City Secretary Chapa verified that the necessary quorum of the Council and the required Charter Officres were present to conduct the meeting. Charter Officers: City Manager Ron Olson, City Attorney Carlos Valdez, and City Secretary Armando Chapa. Present: 9 - Council Member Kelley AIIen,Council Member Priscilla Leal,Council Member David Loeb,Mayor Nelda Marti nez,Council Member Mark Scott,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lillian Riojas, and Council Member Rudy Garza E. Proclamations / Commendations 1. Proclamation declaring April 21 -27, 2013 as "National Medical Laboratory Professionals Week" Proclamation declaring April 21 -27, 2013 as "National Crime Victims' Rights Week" Proclamation declaring April 23, 2013 as "Mike M. Anzaldua Jr. Day of Remembrance" Proclamation declaring April 26, 2013 as "Arbor Day" Proclamation declaring May 1, 2013 as "Corpus Christi Technology Olympics Day" Proclamation declaring May 5 -11, 2013 as "Goodwill Industries Week" Proclamation declaring May 11, 2013 as "Lemonade Day Corpus Christi" Swearing -in Ceremony of newly appointed City board, commission and committee members Corpus Christi Page 1 Printed on 51812013 City Council Meeting Minutes - Final April 23, 2013 The Proclamations were read and presented. F. PUBLIC COMMENT. Mayor Martinez referred to the Public Comment section: Carrie Robertson -Meyer invited the Council to a Ribbon Cutting and Beach Walk event on Saturday, May 4th, a Bond 2008 Bond Project; Colin Sykes spoke in support of Future Agenda Item No. 56 regarding a resolution that corporations are not people; Wilson Wakefield spoke in oppostion to the street maintenance fee; Garrett Dorsey thanked the Council for the adoption of the 2009 International Residential Code, in regards to testing for homes; Abel Alonzo thanked the council for being transparent; Judy Landres spoke in support of Future Agenda Item No. 56 regarding resolution that corporations are not people; Mary Ann Kelley spoke in opposition to street fee, bag fee, and spoke about the removal of fluoride from the water; and Jean Perkins also spoke about the removal of fluoride from the water for health reasons. G. EXECUTIVE SESSION: (ITEMS 2 - 4) Mayor Martinez referred to Executive Session Item Nos. 2, 3, and 4. The council went into executive session. 2. Executive session pursuant to Texas Government Code Section 551.071 to consult with attorneys regarding contemplated litigation related to the city wastewater treatment plants, with possible discussion and action in open session. This executive session item was discussed. 3. Executive session pursuant to Section 551.087 of the Texas Government Code to deliberate regarding confidential commercial or financial information received from Staples Center Retail Venture, LP, a business prospect that the City Council seeks to have locate, stay or expand in the territory of the City and with which the City is conducting economic development negotiations, and to deliberate possible offers of financial or other incentives to said business prospect, with possible discussion and action in open session. This executive session item was discussed. 4. Executive session pursuant to Section 551.071(1)(A) of the Texas Government Code for consultation with attorneys regarding Civil Action No. 2 -12 -cv -00217 styled United States of America v. The City of Corpus Christi, Texas presently pending in the United States District Court for the Southern District of Texas, Corpus Christi Division,with possible discussion and action in open session. This executive session item was discussed. The council returned from executive session. Mayor Martinez announced that no action would be taken on the executive session items. Corpus Christi Page 2 Printed on 51812013 City Council Meeting Minutes - Final April 23, 2013 H. MINUTES: 5. Approval of Regular Council Meeting of April 9, 2013 and Workshop Meeting of April 16, 2013. A motion was made by Council Member Allen, seconded by Council Member McIntyre to approved the minutes as presented and passed. BOARDS & COMMITTEE APPOINTMENTS: (NONE) K. CONSENT AGENDA: (ITEMS 6-18) Mayor Martinez referred to the Consent Agenda, Items 6 - 18. Mayor Martinez asked for council and public comment and there was none. The items were approved by one vote: 6. Lease Purchase of a pneumatic roller for street repair projects Motion approving the lease purchase of one (1) Caterpillar Pneumatic Roller from Holt Cat Machinery, Corpus Christi, TX for a total amount of $112,183.00. The award is based on the cooperative purchasing agreement with the Texas Local Government Cooperative. The equipment will be used by the City's Street Department. This unit is a replacement to the fleet. Funds for the lease purchase of the roller will be provided by the City's lease purchase financing program. The foregoing motion was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2013 -066 7. Service agreement for the printing, processing and mailing of utility bills Motion awarding a service agreement with QuestMark Information Management Inc., of Houston Texas, to provide printing, processing and mailing of utility bill services, based on lowest responsible bid, for an estimated three year expenditure of $307,905.84 of which $25,658.82 is required for the remainder of this fiscal year. The term of the contract will be for thirty -six months, with two, twelve month automatic extensions. Funding is available in the Utility Business Office Operations Budget of the Finance Department for fiscal year 12/13. The foregoing motion was passed and approved with the following vote: Corpus Christi Page 3 Printed on 51812013 City Council Meeting Minutes - Final April 23, 2013 Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2013 -067 8. Supply agreement for lease of computers for City use Motion approving a supply agreement with Dell Financial Services, Round Rock, Texas for lease of approximately 400 desktop computers, 200 laptop computers, 44 servers, and other computer peripherals and related products in accordance with the State of Texas cooperative purchasing program and the City's Master Lease Agreement No. 6656492 for an estimated expenditure of $1,011,500.93. The term of the contract will be for twelve months with an option to extend for up to three additional twelve month periods subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the using departments in FY 2012 -13. The foregoing motion was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2013 -068 9. Supply agreement for chemicals to be used for odor control at wastewater treatment facilities Motion approving a supply agreement with Pencco, Inc., San Felipe, Texas for approximately 300,000 gallons of ferrous sulfate in accordance with Bid Invitation No. BI- 0124 -13 based on lowest responsible bid for an estimated twelve month expenditure of $308,200 of which $102,733.33 is required for FY 2012- 2013.The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve -month periods subject to the approval of the supplier and the City Manager or designee. Funds are available in the Wastewater Operations Budget in FY2012 -2013. The foregoing motion was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2013 -069 Corpus Christi Page 4 Printed on 51812013 City Council Meeting Minutes - Final April 23, 2013 10. Supply agreement for office supplies, equipment and furniture Motion approving a supply agreement with Gateway Printing and Office Supply, Inc., Corpus Christi, TX for office supplies, equipment and furniture, based on lowest local bid, in accordance with Bid Invitation No. BI- 0245 -12, for an estimated annual expenditure of $549,737.29, of which $137,434.32 is required for the remainder of FY 2012 -2013. The term of the agreement will be for one year with an option to extend for up to four additional one -year periods subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by using departments in FY 2012 -2013. The foregoing motion was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2013 -070 11. Engineering design contract amendment no. 4 for Citywide Hydraulic Model - Sanitary Sewer Overflow Initiative Motion authorizing the City Manager, or designee, to execute Amendment No. 4 to the Contract for Professional Services with Pipeline Analysis, LLC, of Garland, Texas in the amount of $179,251.00, for a restated fee not to exceed $2,342,179.00 for Citywide Hydraulic Model Sanitary Sewer Overflow Initiative (SSOI). The foregoing motion was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2013 -071 12. Architectural design contract for tennis center repairs and upgrades for HEB and Al Kruse tennis centers (Bond Issue 2012) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with CLK Architects & Associates, Inc. of Corpus Christi, Texas in the amount of $204,700.00, for Tennis Center Repairs and Upgrades - HEB and Al Kruse, for design, bid, and construction phase services BOND ISSUE 2012. The foregoing motion was passed and approved with the following vote: Corpus Christi Page 5 Printed on 51812013 City Council Meeting Minutes - Final April 23, 2013 Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2013 -072 13. Engineering design contract for park development and improvements at Bill Witt/Oso Creek Park (Bond Issue 2012) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Martinez, Guy & Maybik, Inc. of Corpus Christi, Texas in the amount of $156,780.00, for Community Park Development and Improvements for design, bid, and construction phase services BOND ISSUE 2012. The foregoing motion was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2013 -073 14. Interlocal agreement for oil spill training and equipment storage at the marina Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with Texas A &M University - Corpus Christi regarding Corpus Christi Marina operations The foregoing resolution was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029794 15. Second Reading Ordinance - A change of zoning from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District on Tract 1 and the "CN -1" Neighborhood Commercial District on Tract 2, on property located at 6810 South Staples Street (1st Reading 4/9/13) Case No. 0313 -02 HEB Grocery Company, LP A change of zoning from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District on 15.73 acres (Tract 1) and to the "CN -1" Corpus Christi Page 6 Printed on 51812013 City Council Meeting Minutes - Final April 23, 2013 Neighborhood Commercial District on 5.48 acres (Tract 2), resulting in a change of future land use from low density residential and medium density residential to commercial. The property to be rezoned is described as being a 21.21 -acre tract of land out of Lots 17 and 18, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast corner of Timbergate Drive and South Staples Street (FM 2444). Planning Commission and Staff Recommendation (March 13, 2013): Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District on Tract 1 and the "CN -1" Neighborhood Commercial District on Tract 2. Ordinance Ordinance amending the Unified Development Code ( "UDC') upon application by HEB Grocery Company, LP ( "Owner "), by changing the UDC Zoning Map in reference to a 21.21 -acre tract of land out of Lots 17 and 18, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District on Tract 1 and the "CN -1" Neighborhood Commercial District on Tract 2; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029795 16. Second Reading Ordinance - A request for a Special Permit Time Extension for an additional 12 months, on property located at 2217 Flour Bluff Drive (1st Reading 419113) Case No. 0711 -02 Sigifredo Montemayor A request for a Special Permit Time Extension for an additional 12 months. The property to be rezoned is described as Flour Heights, Block 1, Lot 22, located along the east side of Flour Bluff Drive approximately 350 feet north of Purdue Road. Planning Commission and Staff Recommendation (March 13, 2012) Approval of the requested Special Permit time extension for an additional 12 months. Ordinance Corpus Christi Page 7 Printed on 51812013 City Council Meeting Minutes - Final April 23, 2013 Ordinance amending Ordinance No. 029355, upon application by Sigifredo Montemayor, acting as custodian agent on behalf of Edward Montemayor and Mearary Iveth Montemayor ( "Owners "), by adding a 12 -month time extension to the special permit time limit initially approved; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029796 17. Second Reading Ordinance - Approval of Type A grant for federal grant application to locate an Unmanned Aerial Systems test range in the City; amending the budget, and appropriating the funds (1st Reading 4/9/13) Ordinance approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and Texas A &M University- Corpus Christi ( "TAMU -CC) to provide a grant of up to $600,000 for an application to the Federal Aviation Administration (FAA) to locate an Unmanned Aerial Systems (UAS) test range in Corpus Christi, Texas, and authorizing the City Manager, or designee, to execute a Business Incentive Project Support Agreement with the Type A Corporation regarding implementation and administration of the TAMU -CC Business Incentive Agreement; amending the budget to allow for this funding of up to $600,000 from the Unreserved Fund balance in the No. 1140 Business /Job Development Fund and appropriating up to $600,000 to the Unreserved Fund Balance in the No. 1140 Business /Job Development Fund. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029797 18. Second Reading Ordinance - Construction contract for Saluki Street rehabilitation; amending capital improvement budget to add project and account for expenditures (1st Reading 4/9/13) Corpus Christi Page 8 Printed on 51812013 City Council Meeting Minutes - Final April 23, 2013 Ordinance amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to add Project No. E12053 Saluki Street Rehabilitation Project; increasing expenditures in the amount of $60,000; and executing a construction contract with J. Carroll Weaver, Inc. of Sinton, Texas in the amount of $192,479.50 for the Base Bid of Saluki Street Rehabilitation Project. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029798 L. PUBLIC HEARINGS: (ITEMS 19 - 25) 19. Public Hearing and Resolution adopting the 5 Year Consolidated Action Plan for housing and homeless needs Resolution adopting the fiscal year (FY) 2013- FY2017 5 Year Consolidated Action Plan (PLAN) which includes the Community Development Block Grant (CDBG), the Emergency Solutions Grant (ESG), and the HOME Investment Partnerships Programs (HOME); authorizing the City Manager or designee to submit the FY2013- FY2017 PLAN to the U.S. Department of Housing and Urban Development (HUD); and authorizing the City Manager or designee to make changes to the FY2013- FY2017 PLAN if required by HUD. Mayor Martinez opened the Public Hearing on Item No. 19. Eddie Ortega, Director of Neighborhood Services stated this item is a Public Hearing and Resolution adopting the Fiscal Year 2013 -2017 Five -Year Consolidated Action Plan, which includes the Community Development Block Grant, Emergency Solutions Grant, and the HOME Investment Partnerships Program. A motion was made by Council Member Leal, seconded by Council Member Loeb to open the public hearing and passed. There were no comments from the public. A motion was made by Council Member Leal, seconded by Council Member Magill to close the public hearing and passed. The foregoing resolution was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029799 20. Public Hearing and First Reading Ordinance - Adopting the Corpus Christi Page 9 Printed on 51812013 City Council Meeting Minutes - Final April 23, 2013 Consolidated Annual Action Plan for housing and homeless needs Ordinance to adopt the fiscal year (FY) 2013 -2014 Consolidated Annual Action Plan (CAAP), for the Community Development Block Grant (CDBG), the Emergency Solutions Grant (ESG), and the HOME Investment Partnerships (HOME) Programs; to authorize the City Manager or designee to submit the FY2013- FY2014 CAAP to the U.S. Department of Housing and Urban Development (HUD), and to amend if required by HUD; to authorize the City Manager or designee to execute all documents necessary to accept and appropriate upon receipt the grants from HUD into the Grant Fund No. 1059 for the approved FY2013 -2014 CAAP projects and further to execute funding agreements and all other documents necessary to implement the FY2013 -2014 CAAP with organizations for approved projects; and to ratify the ESG funding agreements and other applicable implementation documents to be effective as of August 1, 2013. Mayor Martinez opened the public hearing on Item No. 20. Eddie Ortega, Director of Neighborhood Services stated that this is a Public Hearing and First Reading Ordinance adopting the Fiscal Year 2013 -2014 Consolidated Annual Action Plan for the Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and the HOME Investment Partnerships programs. Mr. Ortega stated that the proposed allocation for CDBG is $2,462,699; ESG allocation is $251,306; and HOME Investment Partnership Program allocation is $979,141. He added that the evaluation criteria used was 1) alignment of the Neighborhood Services Department Five -Year Consolidated Action Plan, 2) clarity and completion of RFP, 3) administrative and financial capacity /priority, 4) project readiness, 5) collaboration /leverage, and 6) timely use of prior and current year funds. A motion was made by Council Member Scott, seconded by Council Member McIntyre to open the public hearing and passed. Abel Alonzo, thanked the staff for addressing the issues related to ADA compliance. A motion was made by Council Member Magill, seconded by Council Member Scott to close the public hearing and passed. Mayor Martinez read the allocation amounts for CDBG, ESG, and HOME Investment Partnership programs. After discussion, a motion was made by Council Member McIntyre to reduce the funding for CDBG Project No. 9, ADA Improvement by $96,700 and fund the following projects in the following amounts: CDBG Project No. 15, Ethel Eyerly Senior Center Fire Alarm System - $22,600; CDBG Project No. 19, Lindale Senior Center Fire Alarm System - $24,900; CDBG Project No. 20, Greenwood Senior Center Fire Alarm System - $24,900; and CDBG Project No. 25, Northwest Senior Center Fire Alarm System - $24,300. The motion was seconded by Council Member Magill and passed with the following vote: Martinez, Allen, Garza, Leal, Loeb, McIntyre, Magill, Riojas voting "Aye "; Scott was "Absent ". The foregoing ordinance was passed and approved on first reading as amended with the following vote: Corpus Christi Page 10 Printed on 51812013 City Council Meeting Minutes - Final April 23, 2013 Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member Riojas and Council Member Garza Absent: 1 - Council Member McIntyre Abstained: 0 21. Public Hearing and First Reading Ordinance - Rezoning from Residential to Office for Minerva V. Muro for property located at 2529 Nemec Street Case No. 1212 -01 Minerva V. Muro A change of zoning from the "RS -6" Single - Family 6 District to the "ON" Office District, resulting in a change of future land use from medium density residential to professional office. The property to be rezoned is described as Lot 5, Block 2, Nemec Addition, located on the southwest corner of Nemec Street and Dodd Drive. Plannina Commission and Staff Recommendation (March 27. 2013): Denial of the change of zoning from the "RS -6" Single - Family 6 District to the "ON" Office District and, in lieu thereof, approval of the "RS -6 /SP" Single - Family 6 District with a Special Permit subject to a site plan and conditions. Ordinance Ordinance amending the Unified Development Code ( "UDC') upon application by Minerva V. Muro ( "Owner "), by changing the UDC Zoning Map in reference to Lot 5, Block 2, Nemec Addition, from the "RS -6" Single - Family 6 District to the "RS -6 /SP" Single - Family 6 District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item No. 21. Mark Van Vleck, Director of Development Services stated that the purpose of this zoning request is to allow for office use. He displayed an aerial map depicting the location of the property and stated that the Planning Commission and Planning Staff recommend denial of the zoning change and, in lieu thereof recommend approval of an "RS -6 /SP" Single - Family 6 District with a Special Permit. A motion was made by Council Member Garza, seconded by Council Member Magill to open the public hearing and passed. There were no comments from the public. A motion was made by Council Member Magill, seconded by Council Member Scott to close the public hearing and passed. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member Riojas and Council Member Garza Corpus Christi Page 11 Printed on 51812013 City Council Meeting Minutes - Final April 23, 2013 Absent: 1 - Council Member McIntyre Abstained: 0 Enactment No: 029805 22. Public Hearing and First Reading Ordinance - Rezoning from Residential to Industrial Elizabeth Anne Meaney for property located at 8801 State Highway 44 Case No. 0313 -01 Elizabeth Anne Meaney A change of zoning from the "RS -6" Single - Family 6 District to the "IL /SP" Light Industrial District with a Special Permit for the wholesale storage and distribution of fuels and lubricants, not resulting in a change to the Future Land Use Map. The property being rezoned is described as being an 18.25 -acre tract of land out of the G. H. McLeroy 40 -acre tract and being out of Survey 402, Thomas Gallagher Abstract 988 and the James W. Ward Abstract 1031, located on the south side of State Highway 44, approximately 110 feet east of South Clarkwood Road. Staff Recommendation: Denial of the change of zoning from the "RS -6" Single - Family 6 District to the "IL /SP" Light Industrial District with a Special Permit, and in lieu thereof, approval of the "IL" Light Industrial District. Planning Commission Recommendation (March 27, 2013): Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "IL /SP" Light Industrial District with a Special Permit subject to a site plan and conditions. Ordinance Ordinance amending the Unified Development Code ( "UDC') upon application by Elizabeth Anne Meaney ( "Owner "), by changing the UDC Zoning Map in reference to an 18.25 -acre tract of land out of the G. H. McLeroy 40 -acre tract and being out of Survey 402, Thomas Gallagher Abstract 988 and the James W. Ward Abstract 1031, from the "RS -6" Single - Family 6 District to the "IL /SP" Light Industrial District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item No. 22. Mark Van Vleck, Director of Development Services stated that the purpose of this zoning request is to allow the property to allow light industrial uses plus the wholesale storage of fuels and lubricants. He added that the Planning Commission is recommending approval of the change of zoning from Single - Family 6 District to the Light Industrial District with a Special Permit, and the Planning Staff recommendation is denial of the change of zoning from the Single - Family 6 District to the Light Industrial District with a Special Permit, and in lieu thereof, Corpus Christi Page 12 Printed on 51812013 City Council Meeting Minutes - Final April 23, 2013 approval of the Light Industrial District. A motion was made by Council Member Magill, seconded by Council Member Scott to close the public hearing and passed. A motion was made by Council Member Leal, seconded by Council Member Scott to open the public hearing and passed. Abel Alonzo spoke in opposition to the zoning change due to concerns that it would lower the value of the homes in the area; Alexandra Camacho also spoke in opposition to the zoning request. After discussion, a motion was made by Council Member Loeb to table to May 14, 2013, seconded by Council Member Scott and passed with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member Riojas and Council Member Garza Absent: 1 - Council Member McIntyre Abstained: 0 23. Public Hearing and First Reading Ordinance - Rezoning from Residential to Commercial for Hernando Ariza Soto for property located at 12337 Leopard Street Case No. 0313 -03 Hernando Ariza Soto A change of zoning from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District, resulting in a change to the Future Land Use Map from low density residential to commercial. The property to be rezoned is described as being a 0.482 -acre tract of land out of a 1.804 -acre tract of land out of Tract 12, Fallin's Riverside Subdivision, located on the south side of Leopard Street, approximately 300 feet west of Rehfeld Road. Planning Commission and Staff Recommendation (March 27, 2013): Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by Hernando Ariza Soto, acting as agent on behalf of 9292 Enterprises, LLC ( "Owner "), by changing the UDC Zoning Map in reference to a 0.482 -acre tract of land out of a 1.804 -acre tract of land out of Tract 12, Fallin's Riverside Subdivision, from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item No. 23. Mark Van Vleck, Director of Development Services stated that the purpose for this zoning request is to allow the property to allow general commercial uses and apartments. He Corpus Christi Page 13 Printed on 51812013 City Council Meeting Minutes - Final April 23, 2013 added that the Planning Commission and Staff recommend approval of the change of zoning from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District. A motion was made by Council Member Scott, seconded by Council Member McIntyre to open the public hearing and passed. There were no comments from the audience. A motion was made by Council Member Magill, seconded by Council Member Scott to close the public hearing and passed. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8 - Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 Enactment No: 029806 24. Public Hearing and First Reading Ordinance - Rezoning from Commercial to Residential for George Shaheen for property located at 7953 South Staples Street Case No. 0313 -04 George Shaheen A change of zoning from the "CN -1" Neighborhood Commercial District to the "RS -4.5" Single - Family 4.5 District, resulting in a change of future land use from commercial to low density residential. The property to be rezoned is described as being a 3.136 -acre tract of land out of Lot 1 B, Block 1, King's Crossing West Unit 1, located along the north side of Oso Parkway, approximately 220 feet west of South Staples Street (FM 2444). Planning Commission and Staff Recommendation (March 27, 2013): Approval of the change of zoning from the "CN -1" Neighborhood Commercial District to the "RS -4.5" Single - Family 4.5 District. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by George Shaheen, acting as agent on behalf of FM 2444 & Oso, LP ( "Owner "), by changing the UDC Zoning Map in reference to a 3.136 -acre tract of land out of Lot 1 B, Block 1, Replat No. 1, King's Crossing West Unit 1, from the "CN -1" Neighborhood Commercial District to the "RS -4.5" Single - Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item No. 24. Mark Van Vleck, Director of Development Services stated that the purpose of this zoning request is to allow for single - family residential uses on 4,500 square -foot lots. He stated Corpus Christi Page 14 Printed on 51812013 City Council Meeting Minutes - Final April 23, 2013 that the property is located on King's Crossing West Unit 1, along the north side of Oso Parkway, approximately 220 feet west of South Staples. Mr. Van Vleck stated that the Planning Commission and Staff recommend approval from the "CN -1" Neighborhood Commercial District to the "RS -4.5" Single Family 4.5 District. A motion was made by Council Member Garza, seconded by Council Member Allen to open the public hearing and passed. There were no comments. A motion was made by Council Member Magill, seconded by Council Member McIntyre to close the public hearing and passed. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8 - Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 Enactment No: 029807 25. Public Hearing and First Reading Ordinance - Rezoning from Manufactured Home to Residential for The Lakes at King Estates, Inc. for property located at 1937 Division Road Case No. 0313 -05 The Lakes at King Estates, Inc. A change of zoning from the "RMH" Manufactured Home District to the "RS -4.5" Single - Family 4.5 District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as being a 24.93 -acre tract of land out of Lots 8 and 9, Section 40, Flour Bluff and Encinal Farm and Garden Tracts, located west of Flour Bluff Drive at the west end of Antoinette Drive and south of the Holly Road extension. Planning Commission and Staff Recommendation (March 27, 2013): Approval of the change of zoning from the "RMH" Manufactured Home District to the "RS -4.5" Single - Family 4.5 District. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by The Lakes at King Estates, Inc. ( "Owner"), by changing the UDC Zoning Map in reference to a 24.93 -acre tract of land out of Lots 8 and 9, Section 40, Flour Bluff and Encinal Farm and Garden Tracts, from the "RMH" Manufactured Home District to the "RS -4.5" Single - Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item No. 25. Mark Van Vleck, Director of Corpus Christi Page 15 Printed on 51812013 City Council Meeting Minutes - Final April 23, 2013 Development Services stated that the purpose for this zoning request is to allow for development of a single - family subdivision with a minimum lot size of 4,500 square feet. He stated that the property is located west of Flour Bluff Drive at the west end of Antoinette Drive and south of the Holly Road extension. Mr. Van Vleck stated that the Planning Commission and Staff recommend approval of the zoning from the "RMH' Manufactured Home District to the "RS -4.5" Single - Family 4.5 District. A motion was made by Council Member McIntyre, seconded by Council Member Magill to open the public hearing and passed. There were no comments from the audience. A motion was made by Council Member Magill, seconded by Council Member McIntyre to close the public hearing and passed. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8 - Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 Enactment No: 029808 M. REGULAR AGENDA: (ITEMS 26 - 30) 26. Request by Petitioners to repeal Ordinance No. 029791 regarding the frequency of testing for residential irrigation backflow devices Ordinance considering a request by petitioners, pursuant to Article I, Section 4 of the City Charter to repeal Ordinance No. 029791 which amended the Code of Ordinances, Chapter 14 regarding the frequency of testing for residential irrigation backflow devices; repealing adopted ordinance; providing for publication; and declaring an emergency. Mayor Martinez referred to Item No. 26. Armando Chapa, City Secretary stated that this item relates to a request filed by petitioners asking the Council to repeal Ordinance No. 029791 regarding the frequency of testing requirements for residential irrigation backflow devices. He added that through the referendum process in the City Charter, citizens have the right to ask Council to reconsider ordinances. Mr. Chapa explained that if the Council does not repeal the ordinance, petitioners have 90 days to file a valid petition containing at least 5% of the registered voters. He added that if a valid petition is filed within 60 days, the effectiveness of the ordinance is suspended and an election is called at the next available uniform election date under State law. Mr. Chapa stated that if the petition is filed after 60 days, but still within the 90 day deadline, the ordinance remains in affect and an election is called at the next regular City Council election. Mayor Martinez asked for comments from the audience. The following citizens Corpus Christi Page 16 Printed on 51812013 City Council Meeting Minutes - Final April 23, 2013 spoke: Abel Alonzo referred to the cost of an election and stated that this is a safety and health issue and urged the council to reconsider; Jaime Garcia addressed several issues relating to water quality and expressed support for annual testing; Buck Robinson spoke of several issues relating to water quality and cross connection and expressed support for annual testing; and John Collins also expressed support for annual testing. An emergency was declared and the foregoiong ordinance failed with the following vote: Aye: 3 - Council Member Leal, Mayor Martinez and Council Member Garza Nay: 6- Council Member Allen, Council Member Loeb, Council Member Scott, Council Member Magill, Council Member McIntyre and Council Member Riojas Abstained: 0 Enactment No: 27. Second Reading Ordinance -Amending the lease of a portion of Mt. Vernon Park for the proposed expansion of the Deaf & Hard of Hearing Center located at the 5100 block of McArdle Road near La Palmera Mall (1st Reading 3119113) Ordinance finding that there is no feasible and prudent alternative to the expanded use from approximately 0.4 acres to 0.677 acres of Mt. Vernon Park located along 5100 block of McArdle Road by The Corpus Christi Area Council for the Deaf for the expansion and continued operation of The Corpus Christi Area Council for the Deaf, and determining that all reasonable planning has occurred to minimize harm to Mt. Vernon Park resulting from such use; and authorizing the City Manager or designee to execute a ten -year lease agreement with The Corpus Christi Area Council for the Deaf for expanded lease area of approximately .677 acres of Mt. Vernon Park, with one ten -year extension term. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029800 28. Agreement for temporary tax abatement for the development located in the 800 block of Carancahua Street Resolution authorizing the execution of an agreement with 164 Corpus, Ltd. (Bay Vista II Apartments) providing for temporary property tax abatement. Corpus Christi Page 17 Printed on 51812013 City Council Meeting Minutes - Final April 23, 2013 The foregoing resolution was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029801 29. Chapter 380 Agreement for development of an iron and steel facility Resolution authorizing the City Manager or designee to execute a Chapter 380 Economic Development Incentive Agreement with voestalpine Texas LLC ( "Agreement ") for certain economic development grants for development of an iron and steel facility within the City's extraterritorial jurisdiction and for construction of docks potentially within the Corpus Christi city limits for the benefit of the City. The foregoing resolution was passed and approved with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 1 - Council Member Magill Enactment No: 029802 30. Resolution requesting State legislation allowing local governments the option to generate revenue for street repair and maintenance with additional financing tools Resolution encouraging the 83rd Texas Legislature to enact legislation authorizing municipalities to generate revenue to fund street repair and maintenance, through local option vehicle registration fees, gasoline taxes or other mechanism. Mayor Martinez referred to Item No. 30. Tom Tagliabue, Director of Intergovernmental Relations stated that this is a Resolution informing the Legislature that the Council supports a local option funding for transportation through registration fees, gasoline taxes or other mechanism to fund street repair and maintenance. After a short discussion, Council Member Leal made a motion to corrrect the Street Maintenance amount to include the current amount in the Resolution, seconded by Council Member Magill and passed with the following vote: Martinez, Allen, Garza, Leal, Loeb, McIntyre, Magill, Riojas, and Scott. The foregoing resolution was passed and approved as amended with the following vote: Corpus Christi Page 18 Printed on 51812013 City Council Meeting Minutes - Final April 23, 2013 Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029803 N. FIRST READING ORDINANCES: (ITEMS 31 - 48) 31. First Reading Ordinance - Accepting and appropriating State grant funds for Click It or Ticket program Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $23,992.90 from the State of Texas, Department of Transportation for the FY2013 Click It Or Ticket program grant; and appropriating the $23,992.90 in the No. 1061 Police Grants Fund The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029809 32. First Reading Ordinance - Waiving permit requirements, fees, and inspections for "Lemonade Day Corpus Christi" scheduled events Ordinance authorizing the Corpus Christi - Nueces County Public Health District to waive all permit requirements, including fees and required inspections for participating children and youth for "Lemonade Day Corpus Christi" scheduled events. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029810 33. First Reading Ordinance - Approving Grant Amendment to extend contract period and increase funding for Women, Infants and Children (WIC) program Corpus Christi Page 19 Printed on 51812013 City Council Meeting Minutes - Final April 23, 2013 Ordinance authorizing the City Manager, or his designee, to execute all documents necessary to accept and appropriate a six month grant extension amendment in the amount of $464,069 from the Texas Department of State Health Services in the Health Grant Fund No. 1066, to provide funds for the Women, Infants, and Children (WIC) program for the extended contract period of April 1, 2013 thru September 30, 2013; and to ratify acceptance of the grant extension amendment to begin as of February 26, 2013. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029811 34. First Reading Ordinance - Amending lease agreement for additional baseball fields at Greenwood / Horne Youth Sports complex Ordinance authorizing the City Manager or designee to execute an Amendment to the Lease Agreement with International Westside Baseball League for additional baseball fields at Greenwood /Horne Youth Sports Complex. Mayor Martinez referred to Item No. 34. Mr. Michael Morris, Director of Parks and Recreation stated that this item is amending the lease agreement with International Westside Baseball League for additional baseball field at Greenwood /Horne Youth Sports Complex. Mayor Martinez asked for comments fromt the audience and the following citizens spoke: Jerry Garcia, Mr. Malanger, Ruben Riojas and Mr. Oliver. After discussion, a motion was made by Council Member Loeb directing staff to 1) execute a lease with Ruben Riojas and International Westside for the facility contingent upon reserving days for the High School Summer League for the two large fields and City tournaments days each year for the term of the lease; 2) ability for the City and Mr. Ruben Riojas to store equipment and concessions onsite; 3) and that City staff and Mr. Riojas work out an agreement on how to share the expense maintenance, seconded by Council Member Leal and passed with the following vote: Martinez, Allen, Garza, Leal, Loeb, McIntyre, Magill, Riojas, and Scott voting "Aye ". Mr. Olson asked for clarity on the action for this item and there was a consensus of the Council to bring the item back once it has been negotiated. This Ordinance was tabled. 35. First Reading Ordinance - Increasing Beach Parking Permit budget to expand beach parking permit sales Corpus Christi Page 20 Printed on 51812013 City Council Meeting Minutes - Final April 23, 2013 Ordinance appropriating $50,000 in additional revenues from sales of Beach Parking Permits in the No. 1020 General Fund to be used for Beach Parking Permit Program; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 to increase revenues and expenditures by $50,000 each. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8 - Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Allen Abstained: 0 Enactment No: 029812 36. First Reading Ordianance - Amending City code for Commission on Children and Youth membership Ordinance amending the Code of Ordinances regarding membership of Corpus Christi Commission on Children and Youth. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 7 - Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2 - Council Member Allen and Council Member Scott Abstained: 0 Enactment No: 029813 37. First Reading Ordinance - Amending City code to correct existing speed limit boundaries on McArdle Road Ordinance amending Section 53 -254 of the code of ordinances to rectify the existing speed limit boundaries on McArdle Road. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Scott Abstained: 0 Enactment No: 029814 Corpus Christi Page 21 Printed on 51812013 City Council Meeting Minutes - Final April 23, 2013 38. First Reading Ordinance - Amending City code to set speed limits on Hazel Bazemore Road (CR 69) Ordinance amending Section 53 -254 of the Code of Ordinances to set the speed limit to 55 mph on Hazel Bazemore Road (County Road 69) between FM 624 and County Road 52; providing for penalties; providing for severance; and providing for publication. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029815 39. First Reading Ordinance - Amending City code to establish speed limit designation on Interstate Highway 69 (US 77) and Interstate Highway 37 frontage roads Ordinance amending Section 53 -254 of the Code of Ordinances to establish the following speed limits: (a) 55 MPH on the Northbound IH 37 Frontage Road between Sharpsburg Road and the north city limit line; (b) 55 MPH on the Southbound IH 37 Frontage Road between the north city limit line and Redbird Lane; (c) 45 MPH on the Southbound IH 69 (US 77) Frontage Road between Redbird lane and the south city limit line; and (d) 45 MPH on the Northbound IH 69 (US 77) Frontage Road between the south city limit line and the crossover to North IH 37 Frontage Road; providing for penalties; providing for severance; and providing for publication. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Scott Abstained: 0 Enactment No: 029816 40. First Reading Ordinance - Appropriate funds for Capital equipment purchase at Corpus Christi International Airport Ordinance appropriating $125,000 from the Unreserved Fund Balance in Airport Fund No. 4610 for purchase of airport capital equipment; changing the FY 2012 -2013 Operating Budget adopted by Ordinance Corpus Christi Page 22 Printed on 51812013 City Council Meeting Minutes - Final April 23, 2013 No. 029577 to increase appropriations by $125,000. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 7 - Council Member Allen, Council Member Leal, Mayor Martinez, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2 - Council Member Loeb and Council Member Scott Abstained: 0 Enactment No: 029817 41. First Reading Ordinance - Appropriating funds from Passenger Facility Charge fund for payment of debt service associated with airport improvements Ordinance appropriating $850,981 from the unreserved fund balance in Passenger Facility Charge Fund No. 4621 and transferring and appropriating $664,118 into Airport 2012A Debt Service Fund No. 4640 and $186,863 into Airport 2012A Debt Service Fund 4641 for debt service on airport improvements; amending the FY 2012 -2013 Capital Budget adopted by Ordinance No. 029565 to increase appropriations by $850,981. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 7 - Council Member Allen, Council Member Leal, Mayor Martinez, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2 - Council Member Loeb and Council Member Scott Abstained: 0 Enactment No: 029818 42. First Reading Ordinance - Approving two farm lease agreements at the Corpus Christi International Airport Ordinance authorizing the City Manager, or designee, to execute 1) a Farm Lease Agreement with Matt Danysh Farms, Inc. to lease and farm approximately 870.703 acres of farm land located at the Corpus Christi International Airport and 2) a Farm Lease Agreement with S & S Farms Partnership to lease and farm approximately 591.374 acres of farm land located at the Airport, both in consideration of an annual payment to the City of $55 per leased acre, both for a term of five (5) years. The foregoing ordinance was passed and approved on first reading with the following vote: Corpus Christi Page 23 Printed on 51812013 City Council Meeting Minutes - Final April 23, 2013 Aye: 7 - Council Member Allen, Council Member Leal, Mayor Martinez, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2 - Council Member Loeb and Council Member Scott Abstained: 0 Enactment No: 029819 43. First Reading Ordinance - Reimburse Jimmie and Barbara Moretich for the wastewater development fees paid in 1993 Ordinance appropriating $3,143.60 from the No. 4220 Wastewater Trunk System Trust Fund to refund Jimmie J. Moretich and Barbara A. Moretich wastewater lot/acreage fees previously paid for Lot 7, Block 3, Farias Grant Subdivision and authorizing the City Manager or designee to issue payment. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Scott Abstained: 0 Enactment No: 029820 44. First Reading Ordinance - Reimburse developer for the construction of a water line in Royal Creek Estates Unit 4 subdivision Ordinance appropriating $18,171.34 from the No. 4030 Water Distribution Main Trust Fund to reimburse MPM Development, L.P. ( "Developer "), for the construction of a 12 -inch water line in accordance with the approved water arterial transmission and grid main reimbursement agreement executed between the City and the Developer. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029821 45. First Reading Ordinance - Appropriating funds to reimburse Corpus Christi Page 24 Printed on 51812013 City Council Meeting Minutes - Final April 23, 2013 developer for the construction of Tortuga Dunes /Zahn Road /Packery Channel wastewater lift station and force main improvements Ordinance appropriating $450,000 from the No. 4220 Sanitary Sewer Trunk System Trust Fund to reimburse Forestar (USA) Real Estate Group, Inc. ( "Developer ") for the construction of the Tortuga Dunes /Zahn Road /Packery Channel wastewater lift station and force main improvements in accordance with the approved reimbursement agreement executed with the Developer. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre and Council Member Riojas Nay: 1 - Council Member Garza Abstained: 0 Enactment No: 029822 46. First Reading Ordinance - Appropriating funds for the Energy Efficiency Conservation Retrofit for Major City Facilities project; changing the Capital Improvement Budget; and executing Amendment No. 1 to the performance contract for energy audit (Phase 2) Ordinance appropriating $40,389 from AEP Program Incentives in the No. 3160 City Hall CIP Fund for the Energy Efficiency Conservation Retrofit for Major City Facilities project; changing the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to increase revenues and expenditures by $40,389 each; and authorizing the City Manager, or designee, to execute Amendment No. 1 Technical Energy Audit to the Fixed Price Energy Performance Contract (Design /Build) with McKinstry Essention of Seattle, Washington for Energy Efficiency Conservation Retrofit for Major City Facilities in the amount of $125,000, for a total re- stated fee of $7,075,000. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8 - Council Member Allen, Council Member Leal, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Loeb Abstained: 0 47. First Reading Ordinance - Appropriating funds related to the Corpus Christi Page 25 Printed on 51812013 City Council Meeting Minutes - Final April 23, 2013 American Bank Center Ordinance appropriating $250,000 received from SMG (under contractual obligation to contribute capital for the American Bank Center) in the No. 4710 Visitors Facility Fund for improvements to the American Bank Center; Appropriating $277,247.91 from reserved fund balance in the No. 4710 Visitors Facility Fund for American Bank Center capital improvement expenditures; Appropriating $50,000 from reserved fund balance in the No. 4710 Visitors Facility Fund for capital and repair maintenance needs relating to the food and beverage concessions at the American Bank Center; Appropriating $119,364.25 from unreserved fund balance in the No. 1130 Arena Facility Fund for repair maintenance needs at the Arena; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 to increase revenues by $250,000 and by increasing expenditures by a total of $696,612.16. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8 - Council Member Allen, Council Member Leal, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Loeb Abstained: 0 Enactment No: 029823 48. First Reading Ordinance - Appropriating funds in cable franchise revenue for capital expenditures Ordinance appropriating $165,491.99 from the State Cable Franchises issued by the Public Utility Commission of Texas in the No. 1031 Public, Education and Government Cable Fund for capital expenditures related to the Public, Education and Government Access Channels; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 to increase appropriations by $165,491.99. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029824 O. FUTURE AGENDA ITEMS: (ITEMS 49 - 56) Mayor Martinez referred to the Future Agenda, Items 49 through 56 and stated Corpus Christi Page 26 Printed on 51812013 City Council Meeting Minutes - Final April 23, 2013 that these items are for informational purposes only and that no action or public comment would be taken. Staff provided a presentation on Item 56. 49. Supply agreement for fire hydrants for new and replacement installations Motion approving a Supply Agreement with HD Supply Waterworks, Corpus Christi, Texas for fire hydrants in accordance with Bid Invitation No. BI- 0104 -13 based on lowest responsible bid for an estimated annual expenditure of $114,139.70, of which $28,534.93 is required for FY 2013. The term of the contract will be for twelve months with an option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or designee. Funds are available from Warehouse Stores for FY 2012 -2013. This Motion was recommended by Staff to the Consent Agenda. Enactment No: M2013 -075 50. Service agreement for lead -based paint hazard consultant Motion approving a service agreement with Jeff Zunker Specialty Products, Inc. dba Astex Environmental Services, San Antonio, Texas for lead -based paint hazard consultant services in accordance with Request for Proposal (RFP) No. BI- 0089 -13, based on lowest responsible proposer for an estimated annual expenditure of $57,202. The term of the service agreement will be for twelve months with and an option to extend the agreement for up to two additional twelve month periods, subject to the approval of the contractor and the City Manager or designee. Funds have been budgeted by the Neighborhood Services Department in FY 2012- 2013. This Motion was recommended was Staff to the Consent Agenda. Enactment No: M2013 -076 51. Purchase of Motor Starters for pumping system at Lake Texana pump station Motion approving the purchase of six (6) MX3 motor starters from Curtiss Wright/Benshaw Flow Control Company of Pittsburgh, PA based on sole source, for a total amount of $95,892.00. Funds are budgeted in FY 12 -13 Water Fund. This Motion was recommended by Staff to the Consent Agenda. Enactment No: M2013 -077 52. Purchase of Security Access System for O.N. Stevens Water Treatment Plant Corpus Christi Page 27 Printed on 51812013 City Council Meeting Minutes - Final April 23, 2013 Motion approving the purchase of a security access system for the O.N. Stevens Water Treatment Plant from Total Protection Systems, Inc., Corpus Christi, TX, based on sole source, for the amount of $297,178.68. Funds are available from the Water Dept. CIP Fund No.4088. This Motion was recommended by Staff to the Consent Agenda. Enactment No: M2013 -078 53. Authorization to submit a grant application to State for motor vehicle theft enforcement grant Resolution authorizing the City Manager or designee to submit a grant application in the amount of $640,040 to the Automobile Burglary Theft Prevention Authority (ABTPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 13 with a City cash match of $468,495, in -kind match of $52,045, and program income match of $7,359 for a total project cost of $1,167,939 and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. This Resolution was recommended by Staff to the Consent Agenda. Enactment No: 029804 54. Engineering design contract for Corpus Christi Ship Channel Gas Main Crossing Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with HDR Engineering of Corpus Christi, Texas in the amount of $68,300, for Corpus Christi Ship Channel Gas Main Crossing for design, bid, and construction phase services. This Motion was recommended by Staff to the Consent Agenda. Enactment No: M2013 -079 55. Engineering design contract for J.C. Elliott gas collection and control system repairs Motion authorizing the City Manager, or designee, to execute Amendment No. 1 with SCS Field Services, a Virginia corporation, in the amount of $77,000.00, for a re- stated fee not to exceed $177,400.00 for J. C. Elliott Landfill Gas Collection And Control System Repairs. This Motion was recommended by Staff to the Consent Agenda. Enactment No: M2013 -080 Corpus Christi Page 28 Printed on 51812013 City Council Meeting Minutes - Final April 23, 2013 56. Resolution recommending the United States Congress pass a constitutional amendment reversing the Citizens United vs. Federal Election Commission decision on corporate personhood Resolution recommending and encouraging the United States Congress to pass a Constitutional Amendment establishing that corporations not receive the same legal rights as natural persons; that money not be considered the same as speech, and that independent expenditures be regulated. This Resolution was recommended by Staff to the Regular Agenda. P. BRIEFINGS TO CITY COUNCIL: (ITEM 57) 57. Corpus Christi Regional Economic Development Corporation Mayor Martinez referred to Item No. 57. Roland Mower, President/CEO, Corpus Christi Regional Economic Development Corporation provided a quarterly update on the 2013 Economic Trends for Employment by Sector and Building Permits. He also discussed the Activity Summary for Quater 1 for 2013 for business attraction and existing industry. Q. LEGISLATIVE UPDATE: R. CITY MANAGER'S COMMENTS: * Update on City Operations City Manager Olson reported on the following: 1) implementation of 9 EKG models in ambulances and paid through CHRISTUS Spohn; 2) recognized Mr. Dan Biles, Director of Engineering for requesting a Peer Review of his department as continuous improvement; 3) discuss the upcoming Buc Days and plan to control litter; and 4) discussed the City's operational strategic plan and displayed a chart depicting the executive of the business plans, city's performance plan, and key strategic plan. S. ADJOURNMENT There being no further business to come before the Council, Mayor Martinez declared the meeting adjourned at 7:55 pm. Corpus Christi Page 29 Printed on 51812013 a, Corpus Christi Meeting Minutes - Final City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, April 30, 2013 11:30 AM Council Chambers A. CALL MEETING TO ORDER. C. :111] 1IWOU 10 E Mayor Martinez called the meeting to order at 11:30 am. The invocation was delivered by Chaplain Lynne Blackler, CHRISTUS Spohn Hospital CC - Memorial. PLEDGE OF ALLEGIANCE. The Pledge of Allegiance was led by Susan Thorpe, Assistant City Manager. City Secretary Chapa verified that the necessary quorum of the Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Ron Olson, City Attorney Carlos Valdez, and City Secretary Armando Chapa Present: 8 - Council Member Kelley AIIen,Council Member David Loeb,Mayor Nelda Martinez, Council Member Mark Scott,Council Member Chad Magill,Council Member Colleen McIntyre, Council Member Lillian Riojas, and Council Member Rudy Garza Absent: 1 - Council Member Priscilla Leal Proclamations / Commendations 1 Proclamation declaring April 2013 as "Jazz Appreciation Month" and April 30, 2013 as "International Jazz Day" Proclamation declaring May 2013 as "Older Americans Month" Proclamation declariing May 4 -12, 2013 as "National Tourism Week" Proclamation declaring May 5 -11, 2013 as "National Children's Mental Health Awareness Week" Proclamation declaring May 6 -12, 2013 as "National Nurses Week at TAM U -CC" Proclamation declaring May 13, 2013 as "National Peace Officer's Memorial Day" and May 12 -18, 2013 as "National Police Week" The Proclamations were read and presented. Corpus Christi Page 1 Printed on 5/9/2013 City Council Meeting Minutes - Final April 30, 2013 F. PUBLIC COMMENT. Mayor Martinez referred to the Public Comment section. The following citizens spoke: Jerry Garcia spoke about funding for Southside Pony League Complex; Lee Brandon commented on the Citizens United issue and stated that it is not a local matter; Mr. Dalton stated that the City of Corpus Christi is non partisan and should focus on water, streets, and budget; Dee Stokes is against the City taking action on the Citizens United matter; Ramiro Gamboa asked the Council to consider the CDBG grant aplication for Fair Housing; Tom Knight spoke in opposition to the Citizens United matter and also commented on the street maintenance fee and suggested a $50 surcharge for traffic citations and supports no exemptions on the street maintenance fee; Mary Lou Huffman commented on the Columbus Fleet at the Museum of Science and History; Wilson Wakefield opposed the street maintenance fee, and commented on the Citizens United matter; Colin Sykes stated that the Citizens United matter is a constitutional matter; Ernest Rivas spoke about a future agenda addressing restrictions for water slides and the impact it would have to his business; Mary Ann Kelley spoke about the street maintenance fee, elimination of fluoride from water, and the Citizens United matter. C01111111111111111111111561 Ill vaLyiFA U 1 :i�' Yee]► yihyiI; 4L1 Ill &1 11 Lei : j I7 _AI Eel L1 Eel Ill VA to] : j ; 4 :fit 1I:0]L1 6113 Mayor Martinez referred to City Manager comments. City Manager Olson stated that Mr. Mark Van Vleck, Director of Development Services would provide the update regarding the Development Services Department. a. Status of the Development Services Department Mr. Mark Van Vleck, Director of Development Services reported on the progress and discussed reorganization, department improvements, commercial plan review, residential plan review and the customer service survey. b. Human Resources Department Accomplishments City Manager Olson announced that the Human Resources department has played a key role in cost savings to the City through the following employee benefit strategies: 1) retirees were shifted into a Medicare Advantage Plan thereby reducing liability by $14 million; 2) consolidating group life and disability insurance under one vendor resulting in a savings of $867,000; 3) Human Resources recently conducted a dependent audit of the city's health plans resulting in a cost avoidance of $1.1 million; 4) the City Employee Wellness Onsite Clinic has resulted in an estimated cost savings of $1.84 million since opening in March 2011, and plans to add a second clinic at another City office; and 5) discuss future initiatives - create Fitness Center, and a smoking cessation program. C. EMS Heart Monitors City Manager Olson announced that in partnership with CHRISTUS Spohn Health System the City now has 9 heart monitors functioning in City ambulances. Corpus Christi Page 2 Printed on 5/9/2013 City Council Meeting Minutes - Final April 30, 2013 d. Engineering Department Peer Review City Manager Olson stated Mr. Dan Biles, Director of Engineering requested and just completed a Peer Review of his department as continuous improvement. e. Buc Days Coordination City Manager Olson stated that the Buc Days operation coordination efforts included coordinating permits, parade routes, solid waste, police service, parking, street closures, etc. has been handled more effectively, and that a report would be provided to Council after the event. f. Operational Strategic Plan; Customer Service City Manager Olson discussed the City's operational strategic plan on how to improve City operations and displayed a chart depicting the business plans, city's performance plan, and key strategic plan. Mr. Olson stated he has designated Susan Thorpe, Assistant City Manager as the Champion of Customer Service to develop a Plan by July 2013, which may take a couple of years to implement. The goal is to become the best in "Corpus Christi ". g. Resolving complaints and requests for service City Manager Olson distributed business cards with Annie Leal, Call Center which included contact information and asked the Council that as they interact with their constituents regarding weeds, potholes, etc. to send information to Ms. Leal through the email system. He stated that the City's chain of command should be with the City Manager and Assistant City Managers. h. Council Worksessions City Manager Olson asked the Council to consider holding Workshop Meetings on the first Tuesday of every month. City Manager Performance Review City Manager Olson stated that since his employment two years ago he has not had a performance review and would begin to outline a process. Other City Manager Olson announced that the Police Department was recently recognized by MPH Program, Association of Graduate Programs which looked at how municipalities used social media, specifically Police departments, and stated that Corpus Christi ranked No. 27. Mr. Olson thanked the police departmnet for a job well done. Mr. Olson announced that Firefighter John Keller was recently recognized by a Firehouse Magazine for the Heroism Award for performing two water rescues. Mr. Olson referred to Mr. Carlos Valdez, City Attorney. Mr. Valdez read a letter received from the Attorney General Office regarding a recent opinion relating Corpus Christi Page 3 Printed on 5/9/2013 City Council Meeting Minutes - Final April 30, 2013 to attorney client privilege in favor of the City. H. EXECUTIVE SESSION: (ITEM 2) Mayor Martinez read Executive Session Item No. 2. The council went into executive session. 2. Executive Session pursuant to Section 551.074 of the Texas Government Code to deliberate the appointment, employment and duties of the City Auditor with possible discussion and action in open session. The council returned from executive session. Council Member Scott made a motion to appoint Arlena Sones as City Auditor with compensation as follows: annual salary of $100,000, monthly car allowance of $400, standard City benefits, relocation bonus of $2,000 payable after 30 days of employment, and effective May 20, 2013, all contingent upon completion of employment requirements of the City of Corpus Christi. The foregoing motion was passed and approved with the following vote: Aye: 8 - Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 Enactment No: M2013 -074 ►yiI I L1 Lill 9 ;& 3. Approval of Meeting Minutes - Special Meeting of April 22, 2013. Mayor Martinez referred to approval of the Special Council Meeting minutes of April 22, 2013. Council Member Loeb made a motion to correct the minutes to reflect that he was not Present at the Special Council Meeting of April 22, 2013 meeting, seconded by Council Member and passed (Leal absent) as amended. J. BOARDS & COMMITTEE APPOINTMENTS: L. CONSENT AGENDA: (ITEMS 4 - 30) Mayor Martinez referred to the Consent Agenda, Items 4 - 30. Mayor Martinez asked for comments from the council and the audience. The items were approved by one vote: 4. Supply agreement for fire hydrants for new and replacement installations Motion approving a Supply Agreement with HD Supply Waterworks, Corpus Christi, Texas for fire hydrants in accordance with Bid Corpus Christi Page 4 Printed on 5/9/2013 City Council Meeting Minutes - Final April 30, 2013 Invitation No. BI- 0104 -13 based on lowest responsible bid for an estimated annual expenditure of $114,139.70, of which $28,534.93 is required for FY 2013. The term of the contract will be for twelve months with an option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or designee. Funds are available from Warehouse Stores for FY 2012 -2013. The foregoing motion was passed and approved with the following vote: Aye: 8 - Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 Enactment No: M2013 -075 5. Service agreement for lead -based paint hazard consultant Motion approving a service agreement with Jeff Zunker Specialty Products, Inc. dba Astex Environmental Services, San Antonio, Texas for lead -based paint hazard consultant services in accordance with Request for Proposal (RFP) No. BI- 0089 -13, based on lowest responsible proposer for an estimated annual expenditure of $57,202. The term of the service agreement will be for twelve months with and an option to extend the agreement for up to two additional twelve month periods, subject to the approval of the contractor and the City Manager or designee. Funds have been budgeted by the Neighborhood Services Department in FY 2012- 2013. The foregoing motion was passed and approved with the following vote: Aye: 8 - Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 Enactment No: M2013 -076 6. Purchase of Motor Starters for pumping system at Lake Texana pump station Motion approving the purchase of six (6) MX3 motor starters from Curtiss Wright/Benshaw Flow Control Company of Pittsburgh, PA based on sole source, for a total amount of $95,892.00. Funds are budgeted in FY 12 -13 Water Fund. The foregoing motion was passed and approved with the following vote: Corpus Christi Page 5 Printed on 5/9/2013 City Council Meeting Minutes - Final April 30, 2013 Aye: 8 - Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 Enactment No: M2013 -077 7. Purchase of Security Access System for O.N. Stevens Water Treatment Plant Motion approving the purchase of a security access system for the O.N. Stevens Water Treatment Plant from Total Protection Systems, Inc., Corpus Christi, TX, based on sole source, for the amount of $297,178.68. Funds are available from the Water Dept. CIP Fund No.4088. The foregoing motion was passed and approved with the following vote: Aye: 8 - Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 Enactment No: M2013 -078 8. Authorization to submit a grant application to State for motor vehicle theft enforcement grant Resolution authorizing the City Manager or designee to submit a grant application in the amount of $640,040 to the Automobile Burglary Theft Prevention Authority (ABTPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 13 with a City cash match of $468,495, in -kind match of $52,045, and program income match of $7,359 for a total project cost of $1,167,939 and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. The foregoing motion was passed and approved with the following vote: Aye: 8 - Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 Enactment No: 029804 Corpus Christi Page 6 Printed on 5/9/2013 City Council Meeting Minutes - Final April 30, 2013 9. Engineering design contract for Corpus Christi Ship Channel Gas Main Crossing Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with HDR Engineering of Corpus Christi, Texas in the amount of $68,300, for Corpus Christi Ship Channel Gas Main Crossing for design, bid, and construction phase services. The foregoing motion was passed and approved with the following vote: Aye: 8 - Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 Enactment No: M2013 -079 10. Engineering design contract for J.C. Elliott gas collection and control system repairs Motion authorizing the City Manager, or designee, to execute Amendment No. 1 with SCS Field Services, a Virginia corporation, in the amount of $77,000.00, for a re- stated fee not to exceed $177,400.00 for J. C. Elliott Landfill Gas Collection And Control System Repairs. The foregoing motion was passed and approved with the following vote: Aye: 8 - Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 Enactment No: M2013 -080 11. Second Reading Ordinance - Rezoning from Residential to Office for Minerva V. Muro for property located at 2529 Nemec Street (1st Reading 4123113) Case No. 1212 -01 Minerva V. Muro A change of zoning from the "RS -6" Single - Family 6 District to the "ON" Office District, resulting in a change of future land use from medium density residential to professional office. The property to be rezoned is described as Lot 5, Block 2, Nemec Addition, located on the southwest corner of Nemec Street and Dodd Drive. Corpus Christi Page 7 Printed on 5/9/2013 City Council Meeting Minutes - Final April 30, 2013 Planning Commission and Staff Recommendation (March 27, 2013): Denial of the change of zoning from the "RS -6" Single - Family 6 District to the "ON" Office District and, in lieu thereof, approval of the "RS -6 /SP" Single - Family 6 District with a Special Permit subject to a site plan and conditions. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by Minerva V. Muro ( "Owner "), by changing the UDC Zoning Map in reference to Lot 5, Block 2, Nemec Addition, from the "RS -6" Single - Family 6 District to the "RS -6 /SP" Single - Family 6 District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8 - Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 Enactment No: 029805 12. Second Reading Ordinance - Rezoning from Residential to Commercial for Hernando Ariza Soto for property located at 12337 Leopard Street (1st Reading 4/23/13) Case No. 0313 -03 Hernando Ariza Soto A change of zoning from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District, resulting in a change to the Future Land Use Map from low density residential to commercial. The property to be rezoned is described as being a 0.482 -acre tract of land out of a 1.804 -acre tract of land out of Tract 12, Fallin's Riverside Subdivision, located on the south side of Leopard Street, approximately 300 feet west of Rehfeld Road. Planning Commission and Staff Recommendation (March 27, 2013): Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by Hernando Ariza Soto, acting as agent on behalf of 9292 Enterprises, LLC ( "Owner "), by changing the UDC Zoning Map in reference to a 0.482 -acre tract of land out of a 1.804 -acre tract of land Corpus Christi Page 8 Printed on 5/9/2013 City Council Meeting Minutes - Final April 30, 2013 out of Tract 12, Fallin's Riverside Subdivision, from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8 - Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 Enactment No: 029806 13. Second Reading Ordinance - Rezoning from Commercial to Residential for George Shaheen for property located at 7953 South Staples Street (1st Reading 4123113) Case No. 0313 -04 George Shaheen A change of zoning from the "CN -1" Neighborhood Commercial District to the "RS -4.5" Single - Family 4.5 District, resulting in a change of future land use from commercial to low density residential. The property to be rezoned is described as being a 3.136 -acre tract of land out of Lot 1 B, Block 1, King's Crossing West Unit 1, located along the north side of Oso Parkway, approximately 220 feet west of South Staples Street (FM 2444). Planning Commission and Staff Recommendation (March 27, 2013): Approval of the change of zoning from the "CN -1" Neighborhood Commercial District to the "RS -4.5" Single - Family 4.5 District. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by George Shaheen, acting as agent on behalf of FM 2444 & Oso, LP ( "Owner "), by changing the UDC Zoning Map in reference to a 3.136 -acre tract of land out of Lot 1 B, Block 1, Replat No. 1, King's Crossing West Unit 1, from the "CN -1" Neighborhood Commercial District to the "RS -4.5" Single - Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8 - Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Corpus Christi Page 9 Printed on 5/9/2013 City Council Meeting Minutes - Final April 30, 2013 Abstained: 0 Enactment No: 029807 14. Second Reading Ordinance - Rezoning from Manufactured Home to Residential for The Lakes at King Estates, Inc. for property located at 1937 Division Road (1st Reading 4123113) Case No. 0313 -05 The Lakes at King Estates, Inc. A change of zoning from the "RMH" Manufactured Home District to the "RS -4.5" Single - Family 4.5 District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as being a 24.93 -acre tract of land out of Lots 8 and 9, Section 40, Flour Bluff and Encinal Farm and Garden Tracts, located west of Flour Bluff Drive at the west end of Antoinette Drive and south of the Holly Road extension. Planning Commission and Staff Recommendation (March 27, 2013): Approval of the change of zoning from the "RMH" Manufactured Home District to the "RS -4.5" Single - Family 4.5 District. Ordinance Ordinance amending the Unified Development Code ( "UDC') upon application by The Lakes at King Estates, Inc. ( "Owner"), by changing the UDC Zoning Map in reference to a 24.93 -acre tract of land out of Lots 8 and 9, Section 40, Flour Bluff and Encinal Farm and Garden Tracts, from the "RMH" Manufactured Home District to the "RS -4.5" Single - Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8 - Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 Enactment No: 029808 15. Second Reading Ordinance - Accepting and appropriating State grant funds for Click It or Ticket program (1st Reading 4123113) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $23,992.90 from the State of Texas, Department of Transportation for the FY2013 Click It Or Ticket program grant; and appropriating the $23,992.90 in Corpus Christi Page 10 Printed on 5/9/2013 City Council Meeting Minutes - Final April 30, 2013 the No. 1061 Police Grants Fund The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8 - Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 Enactment No: 029809 16. Second Reading Ordinance - Waiving permit requirements, fees, and inspections for "Lemonade Day Corpus Christi" scheduled events (1st Reading 4123113) Ordinance authorizing the Corpus Christi - Nueces County Public Health District to waive all permit requirements, including fees and required inspections for participating children and youth for "Lemonade Day Corpus Christi" scheduled events. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8 - Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 Enactment No: 029810 17. Second Reading Ordinance - Approving Grant Amendment to extend contract period and increase funding for Women, Infants and Children (WIC) program (1st Reading 4123113) Ordinance authorizing the City Manager, or his designee, to execute all documents necessary to accept and appropriate a six month grant extension amendment in the amount of $464,069 from the Texas Department of State Health Services in the Health Grant Fund No. 1066, to provide funds for the Women, Infants, and Children (WIC) program for the extended contract period of April 1, 2013 thru September 30, 2013; and to ratify acceptance of the grant extension amendment to begin as of February 26, 2013. The foregoing ordinance was passed and approved on second reading with the following vote: Corpus Christi Page 11 Printed on 5/9/2013 City Council Meeting Minutes - Final April 30, 2013 Aye: 8 - Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 Enactment No: 029811 18. Second Reading Ordinance - Increasing Beach Parking Permit budget to expand beach parking permit sales (1st Reading 4123113) Ordinance appropriating $50,000 in additional revenues from sales of Beach Parking Permits in the No. 1020 General Fund to be used for Beach Parking Permit Program; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 to increase revenues and expenditures by $50,000 each. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8 - Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 Enactment No: 029812 19. Second Reading Ordianance - Amending City code for Commission on Children and Youth membership (1st Reading 4123113) Ordinance amending the Code of Ordinances regarding membership of Corpus Christi Commission on Children and Youth. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8 - Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 Enactment No: 029813 20. Second Reading Ordinance - Amending City code to correct existing speed limit boundaries on McArdle Road (1st Reading Corpus Christi Page 12 Printed on 5/9/2013 City Council Meeting Minutes - Final April 30, 2013 4123113) Ordinance amending Section 53 -254 of the code of ordinances to rectify the existing speed limit boundaries on McArdle Road. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8 - Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 Enactment No: 029814 21. Second Reading Ordinance - Amending City code to set speed limits on Hazel Bazemore Road (CR 69) (1st Reading 4123113) Ordinance amending Section 53 -254 of the Code of Ordinances to set the speed limit to 55 mph on Hazel Bazemore Road (County Road 69) between FM 624 and County Road 52; providing for penalties; providing for severance; and providing for publication. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8 - Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 Enactment No: 029815 22. Second Reading Ordinance - Amending City code to establish speed limit designation on Interstate Highway 69 (US 77) and Interstate Highway 37 frontage roads (1st Reading 4123113) Ordinance amending Section 53 -254 of the Code of Ordinances to establish the following speed limits: (a) 55 MPH on the Northbound IH 37 Frontage Road between Sharpsburg Road and the north city limit line; (b) 55 MPH on the Southbound IH 37 Frontage Road between the north city limit line and Redbird Lane; (c) 45 MPH on the Southbound IH 69 (US 77) Frontage Road between Redbird lane and the south city limit line; and (d) 45 MPH on the Northbound IH 69 (US 77) Frontage Road between the south city limit line and the crossover to North IH 37 Frontage Road; providing for penalties; providing for severance; and providing for publication. The foregoing ordinance was passed and approved on second reading with the Corpus Christi Page 13 Printed on 5/9/2013 City Council Meeting Minutes - Final April 30, 2013 following vote: Aye: 8 - Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 Enactment No: 029816 23. Second Reading Ordinance - Appropriate funds for Capital equipment purchase at Corpus Christi International Airport (1st Reading 4123113) Ordinance appropriating $125,000 from the Unreserved Fund Balance in Airport Fund No. 4610 for purchase of airport capital equipment; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 to increase appropriations by $125,000. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8 - Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 Enactment No: 029817 24. Second Reading Ordinance - Appropriating funds from Passenger Facility Charge fund for payment of debt service associated with airport improvements (1st Reading 4123113) Ordinance appropriating $850,981 from the unreserved fund balance in Passenger Facility Charge Fund No. 4621 and transferring and appropriating $664,118 into Airport 2012A Debt Service Fund No. 4640 and $186,863 into Airport 2012A Debt Service Fund 4641 for debt service on airport improvements; amending the FY 2012 -2013 Capital Budget adopted by Ordinance No. 029565 to increase appropriations by $850,981. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8 - Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 Corpus Christi Page 14 Printed on 5/9/2013 City Council Meeting Minutes - Final April 30, 2013 Enactment No: 029818 25. Second Reading Ordinance - Approving two farm lease agreements at the Corpus Christi International Airport (4/23/13) Ordinance authorizing the City Manager, or designee, to execute 1) a Farm Lease Agreement with Matt Danysh Farms, Inc. to lease and farm approximately 870.703 acres of farm land located at the Corpus Christi International Airport and 2) a Farm Lease Agreement with S & S Farms Partnership to lease and farm approximately 591.374 acres of farm land located at the Airport, both in consideration of an annual payment to the City of $55 per leased acre, both for a term of five (5) years. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8 - Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 Enactment No: 029819 26. Second Reading Ordinance - Reimburse Jimmie and Barbara Moretich for the wastewater development fees paid in 1993 (1st Reading 4/23/13) Ordinance appropriating $3,143.60 from the No. 4220 Wastewater Trunk System Trust Fund to refund Jimmie J. Moretich and Barbara A. Moretich wastewater lot/acreage fees previously paid for Lot 7, Block 3, Farias Grant Subdivision and authorizing the City Manager or designee to issue payment. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8 - Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 Enactment No: 029820 27. Second Reading Ordinance - Reimburse developer for the construction of a water line in Royal Creek Estates Unit 4 subdivision (1st Reading 4/23/13) Corpus Christi Page 15 Printed on 5/9/2013 City Council Meeting Minutes - Final April 30, 2013 Ordinance appropriating $18,171.34 from the No. 4030 Water Distribution Main Trust Fund to reimburse MPM Development, L.P. ( "Developer "), for the construction of a 12 -inch water line in accordance with the approved water arterial transmission and grid main reimbursement agreement executed between the City and the Developer. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8 - Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 Enactment No: 029821 28. Second Reading Ordinance - Appropriating funds to reimburse developer for the construction of Tortuga Dunes /Zahn Road /Packery Channel wastewater lift station and force main improvements (1st Reading 4/23/13) Ordinance appropriating $450,000 from the No. 4220 Sanitary Sewer Trunk System Trust Fund to reimburse Forestar (USA) Real Estate Group, Inc. ( "Developer ") for the construction of the Tortuga Dunes /Zahn Road /Packery Channel wastewater lift station and force main improvements in accordance with the approved reimbursement agreement executed with the Developer. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8 - Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 Enactment No: 029822 29. Second Reading Ordinance - Appropriating funds related to the American Bank Center (1st Reading 4/23/13) Ordinance appropriating $250,000 received from SMG (under contractual obligation to contribute capital for the American Bank Center) in the No. 4710 Visitors Facility Fund for improvements to the American Bank Center; Appropriating $277,247.91 from reserved fund balance in the No. 4710 Visitors Facility Fund for American Bank Corpus Christi Page 16 Printed on 5/9/2013 City Council Meeting Minutes - Final April 30, 2013 Center capital improvement expenditures; Appropriating $50,000 from reserved fund balance in the No. 4710 Visitors Facility Fund for capital and repair maintenance needs relating to the food and beverage concessions at the American Bank Center; Appropriating $119,364.25 from unreserved fund balance in the No. 1130 Arena Facility Fund for repair maintenance needs at the Arena; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 to increase revenues by $250,000 and by increasing expenditures by a total of $696,612.16. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8 - Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 Enactment No: 029823 30. Second Reading Ordinance - Appropriating funds in cable franchise revenue for capital expenditures (1st Reading 4123113) Ordinance appropriating $165,491.99 from the State Cable Franchises issued by the Public Utility Commission of Texas in the No. 1031 Public, Education and Government Cable Fund for capital expenditures related to the Public, Education and Government Access Channels; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 to increase appropriations by $165,491.99. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8 - Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 Enactment No: 029824 M. PUBLIC HEARINGS: (NONE) N. REGULAR AGENDA: (ITEM 31) 31. Second Reading Ordinance - Adopting the Consolidated Annual Action Plan for housing and homeless needs (1st Reading 4123113) Corpus Christi Page 17 Printed on 5/9/2013 City Council Meeting Minutes - Final April 30, 2013 Ordinance to adopt the fiscal year (FY) 2013 -2014 Consolidated Annual Action Plan (CAAP), for the Community Development Block Grant (CDBG), the Emergency Solutions Grant (ESG), and the HOME Investment Partnerships (HOME) Programs; to authorize the City Manager or designee to submit the FY2013- FY2014 CAAP to the U.S. Department of Housing and Urban Development (HUD), and to amend if required by HUD; to authorize the City Manager or designee to execute all documents necessary to accept and appropriate upon receipt the grants from HUD into the Grant Fund No. 1059 for the approved FY2013 -2014 CAAP projects and further to execute funding agreements and all other documents necessary to implement the FY2013 -2014 CAAP with organizations for approved projects; and to ratify the ESG funding agreements and other applicable implementation documents to be effective as of August 1, 2013. City Manager Olson announced that this item was being tabled. O. FIRST READING ORDINANCES: (ITEMS 32 - 34) 32. First Reading Ordinance - Designating voestalpine Reinvestment Zone Ordinance designating the "voestalpine Reinvestment Zone" within the extra territorial jurisdiction of the City of Corpus Christi, Texas ( "City ") and within the City limits under the Property Redevelopment and Tax Abatement Act (Chapter 312 of the Texas Tax Code). The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 7 - Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 1 - Council Member Magill 33. First Reading Ordinance - Amending City Code regarding farmer's markets and the accompanying vendor fee Ordinance amending Chapter 19, Code of Ordinances, City of Corpus Chrisit, regarding farmer's markets and the accompanying vendor fee; providing for penalties; providing for severance; and providing for publication. The foregoing ordinance was passed and approved on first reading with the following vote: Corpus Christi Page 18 Printed on 5/9/2013 City Council Meeting Minutes - Final April 30, 2013 Aye: 7 - Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2 - Council Member Allen and Council Member Leal Abstained: 0 34. First Reading Ordinance - Approval for the sale of foreclosed property at annual tax resale auction to recoup City's share of property taxes Ordinance authorizing the sale of no greater than one hundred and three (103) properties shown on the attached and incorporated "Re -Sale Property List" at a tax resale auction with opening bids of 20% of the most recent tax appraisal value, and reducing the opening bid for unsold properties by half. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 6 - Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre and Council Member Riojas Absent: 2 - Council Member Allen and Council Member Leal Abstained: 1 - Council Member Garza P. FUTURE AGENDA ITEMS: (ITEMS 35 - 40) Mayor Martinez referred to the Future Agenda, Items 35 through 40 and stated that these items are for informational purposes only and that no action or public comment would be taken. Staff provided a presentation on Items 35, 36, 37, and 38. 35. Purchase of Enterprise Resource Planning System and component software (Related Items 5 - 8) Motion approving license, service, hosting, maintenance and professional services agreements with Infor (US), Inc., Alpharetta, GA, for an enterprise resource planning system for $5,922,196.16, of which $1,383,138.16 is required for the remainder of FY 2012 -2013; an additional project contingency of $749,718.87; and ongoing service, hosting and maintenance. The initial term of the service agreement is three years and the initial term of the hosting and maintenance agreements is one year; each will automatically renew annually thereafter upon payment of annual service, hosting and maintenance fees, respectively. The term of the professional services agreement will extend through project completion. Funds have been budgeted by the Municipal Information Systems Department in FY 2012 -2013. Corpus Christi Page 19 Printed on 5/9/2013 City Council Meeting Minutes - Final April 30, 2013 This Motion was recommended by Staff to the Consent Agenda. 36. Motion approving software license, service and maintenance agreements with Emphasys Software, Emeryville, CA for treasury management software for $105,600.00, of which $36,500.00 is required for the remainder of FY 2012 -2013; and ongoing service and maintenance. The initial term of the service and maintenance agreements is one year and each will automatically renew annually thereafter upon payment of annual service and maintenance fees. Funds have been budgeted by the Municipal Information Systems Department in FY 2012 -2013. This Motion was recommended by Staff to the Consent Agenda. 37. Motion approving a software license and maintenance agreement with MHC Software, Inc., Burnsville, MN, for document generating software for $136,584.80, of which $68,292.40 is required for the remainder of FY 2012 -2013; and ongoing maintenance. The initial term of the maintenance agreement is two years and will automatically renew annually thereafter upon payment of annual maintenance fees. Funds have been budgeted by the Municipal Information Systems Department in FY 2012 -2013. This Motion was recommended by Staff to the Consent Agenda. 38. Motion approving a software license and maintenance agreement with PCI, LLC, Tampa, FL, for cash management software for $117,810.00, of which $117,810.00 is required for the remainder of FY 2012 -2013; and ongoing maintenance. The initial term of the maintenance agreement is one year and will automatically renew annually thereafter upon payment of annual maintenance fees. Funds have been budgeted by the Municipal Information Systems Department in FY 2012 -2013. This Motion was recommended by Staff to the Consent Agenda. 39. Landscape maintenance agreement for improvements on State Highway 358(South Padre Island Drive) /Flour Bluff Drive intersection and State Highway 358(South Padre Island Drive) /State Highway 44 Interchange Resolution authorizing the City Manager, or designee, to execute a Landscape Maintenance Agreement with the Texas Department of Transportation (TXDOT) for landscape improvements within the project's scope of SH 358 (South Padre Island Drive) /Flour Bluff Drive Intersection and SH 358 (South Padre Island Drive) /SH 44 Interchange. This Resolution was recommended by Staff to the Consent Agenda. Corpus Christi Page 20 Printed on 5/9/2013 City Council Meeting Minutes - Final April 30, 2013 40. Amendment to Financial Policy Resolution amending financial policies adopted by Resolution 029521 and providing financial policy direction on preparation of the Annual Budgets. This Resolution was recommended by Staff to the Consent Agenda. Q. BRIEFINGS TO CITY COUNCIL: (NONE) R. LEGISLATIVE UPDATE: (ITEM 41) 41. Status Report on Legislative Issues Mayor Martinez referred to Item No. 41. Tom Tagliabue, Director of Intergovernmental Relations provided an update and reported on the 2013 Legislative Priorities. Mr. Tagliabue further discussed transportation funding and other Bills dealing with transportation funding; the council resolution seeking location funding; windstorm bill; HB 624 regarding sanitary sewer overflows, and water funding. Council discussed the status of HB 605. S. ADJOURNMENT There being no further business to come before the Council, Mayor Martinez declared the meeting adjourned at 3:05 pm. Corpus Christi Page 21 Printed on 5/9/2013 a. ADVISORY COMMITTEE ON COMMUNITY PRIDE — Two (2) vacancies with terms to 8- 25 -14. (Appointed by the Mayor with approval of the City Council.) DUTIES: To advise the Mayor and City Council on development and implementation of a comprehensive community pride campaign that will interrelate with the efforts and purpose of the Clean City Advisory Committee. COMPOSITION: The committee shall consist of eleven (11) members appointed by the Mayor with approval of the City Council to serve two -year terms. Of the initial members, six (6) members shall serve a two -year term and five (5) members shall serve a one -year term, as determined by a drawing to be conducted by the City Secretary's Office. Thereafter, all terms shall be two (2) years. The Director of Public Information and the Director of Neighborhood Services shall serve as ex- officio without vote. ORIGINAL MEMBERS TERM APPTD. DATE Frank E. Franklin 8 -25 -14 8 -14 -12 Stefany Tegeler Schade, Chair 8 -25 -13 12 -13 -11 Paul Gottemoller 8 -25 -14 8 -14 -12 Jason Haviland 8 -25 -13 12 -13 -11 Oscar Carmona 8 -25 -14 5 -11 -10 Bob Copes 8 -25 -13 6 -19 -12 ** *Angela Munselle -Woods 8 -25 -14 2 -12 -13 J. Kyle Davidson 8 -25 -13 8 -25 -09 ** *Tony Reyes 8 -25 -14 6 -28 -11 Jeff Craft 8 -25 -13 2 -12 -13 Christina Hernandez 8 -25 -13 6 -28 -11 Director of Public Information Ex- Officio, Nonvoting Director of Neighborhood Services Ex- Officio, Nonvoting Legend: *Seeking reappointment "Not seeking reappointment ***Resigned * * * *Exceeded number of absences allowed by ordinance * * * * *Has met six -year service limitation INDIVIDUALS EXPRESSING INTEREST: Nicole Andrade Human Resource Manager, Texas State Aquarium. Received Associates Degree in Business Administration from Del Mar College and Bachelors in HR from Saint Leo University. Currently Pursing Masters Degree at Saint Leo University. Activities include: Corpus Christi Human Resource Management Association and Local American Society for Training and Development. (5114111) Sarah Dianne Baugh Chief Operating Officer, Dash Truck and Equipment Sales, Inc. Activities include: Cowboy Church Committee for Buc Days, Calallen Baptist Church, Junior League and Republican Party. (2125111) Marjorie N. Boudreaux Director of Marketing & Communications, Goodwill Industries of South Texas. Received a BA in English from Texas A &M University — Corpus Christi. Activities include: American Marketing Association, Toastmasters International, and YWCA. (09115111) Daniela Bucholtz Executive Assistant, Ransleben, Senterfitt, Sedwick & Co. Activities include: Young Business Professionals of the Coastal Bend, volunteers with the Clean City/Pride Coordinator for city -wide events. (1115113) Alice Aparicio- Bussey Realtor, Keller Williams Realty. Attended Del Mar College. Licensed Real Estate Agent over 25 years. Activities include: Keller Williams Cares, and Corpus Christi Citizens Police Alumni Association. (03119112) Micah DeBenedetto Owner/Photographer, MD Photography. Received a BS in Chemistry from University of Texas at Austin. Has studio in KSpace Contemporary Art Museum. Activities include: Court Appointed Special Advocates (CASA) Board of Directors, YMCA, ALS Association of South Texas, and Young Business Professionals. (2107113) Kevin Aguilar- Ferrari Retired U.S. Navy Civilian. Co -Owner Timeless Treasures & Collectibles. Former Business Manager at Naval Air Station — Kingsville where he received a Meritorious Civilian Service Medal, and the Air Station was selected 2011 Navy Region Southeast Installation Excellence Award Winner. Activities include: working on hobbies, spending time with grandchildren and collectibles store, and playing in the Veterans Band of Corpus Christi. (4/11/13) Coretta Graham Attorney/Private Practice, Graham Legal Services. Received J.D. from Texas Southern University, Thurgood Marshall School of Law. Activities include: State Bar of Texas Professionalism Committee, Junior League, CCISD— Planning/Development Committee; Leadership Corpus Christi Alumni; Corpus Christi Chamber 40 under 40; BoldFuture; Corpus Christi Black Chamber, NAACP; Delta Sigma Theta Sorority Alumnae Chapter. (01102113) Marie T. Guajardo Director of Marketing Generation Texas, Coastal Bend Partners for College and Career Readiness. Received a BBA from The University of Texas — San Antonio. Activities include: Career & Technology High School Steering Committee, Landmark Commission, Keep Every Youth in School (K.E.Y.S.), Miracle League of Corpus Christi, P -16 Committee, Junior Achievement, UTSA Minority Small Business Development Center Internship, Del Mar College G.E.D. Program volunteer. (Willing to resign from the Landmark Commission, if appointed) (11/30/12) Betsy Herring Operations Manager, Turner, Ramirez & Associates. Activities include: Junior League of Corpus Christi, Leadership Corpus Christi steering committee, Leadership Corpus Christi Alumni Board of Governors, YWCA Yuletide Market Committee, American Cancer Society Cattle Baron's Ball volunteer. (11126112) Bill J. Hoelscher Executive Director, Coastal Bend AIDS Foundation. Received a BA in Psychology and an MS in Counseling from Corpus Christi State University (TAMUCC). He has worked with many non - profits over the years and is willing to give more time and service to the community. (11 /01 /11) Beth Kingsbury Assistant Marketing Manager, HDR Engineering, Inc. Received BBA in Marketing from Texas A &M University - College Station and MBA from Texas A &M University- Corpus Christi. Activities Include: Nueces County A &M Club, Literacy Council, Lector Coordinator at St. Philip the Apostle and Leadership Corpus Christi. (1/7/11) Iris M. Martinez Director of Education - Project Turnaround, Coastal Bend Wellness Foundation. Received a BA in Communications from Texas A &M University - Corpus Christi. Holds Advanced Certified Prevention Specialist (ACPS) designation. Is an SAPST Trainer for Dept. of State Health Services. Activities include: Leadership Corpus Christi Class 36, Community Coalition for Children and Families, Youth Continuum of Care Coalition, Too Good for Drugs, CB Alliance for Youth, Aransas County Citizens Against Drugs, and Intergovernmental Commission on Drug and Alcohol Abuse volunteer. (12120112) Bryan Mayhood Director of Season Ticket Services, Corpus Christi Hooks Baseball Club. Graduated from Texas A &M University- Corpus Christi. Activities include: Heart Walk Committee. (115111) Evan Paret Planning and Construction Department Student Worker, Texas A &M University - Corpus Christi. Pursuing a BS in Environmental Science, with minor in Business Administration from Texas A &M University - Corpus Christi. Activities include: Student Government Association, TAMUCC Environmental Advisory Council, Young Business Professionals, World Affairs Council of South Texas, Army ROTC Leadership Training, and Church of the Good Shepherd. (07131112) Merced V. Pena Semi - retired. Consultant work with Vamos Productions as Media /Advertising Consultant. Former employment and volunteer activities include: substance abuse counselor training from Del Mar College, Texas Youth Commission volunteer, Alternative Therapies training from CB Council on Alcohol & Drug Abuse, Nueces County Substance Abuse Treatment Facility volunteer, New Beginnings volunteer, substance abuse education and counseling at Nueces County Juvenile Justice Center, counselor with Corpus Christi Drug Abuse Council, and Coastal Bend Intergroup Association. (12118112) Monica Rawlings Self- Employed Professional Landman in the Oil & Gas Industry. Holds a Bachelor of Arts degree from Texas A &M University - Corpus Christi. Activities include: worked with City Park & Rec. Dept. in project to save Winrock Park in the Club Estates subdivision, current Chair of the 2012 St. James Episcopal School Halloween Carnival, member Friends of St. James (PTA). (8127112) Belinda Rocha Director of Fund Development, Girl Scouts of Greater South Texas. Received an AAS Degree in Legal Secretarial from Del Mar College. Activities include: Leadership Corpus Christi Class XL, Optimist Club of Downtown Corpus Christi, Young Business Professionals, Hispanic Women's Network, and Westside Business Association. Committees served: Hispanic Women's Las Estrellas, CC Hispanic Chamber's Voices Unidas, Girl Scouts' Power of the Purse. (07125112) Brian A. Rosas Production Supervisor, L3 Communications. Activities include: Westside umpire, Pony Baseball. (4108113) Gail Tatum Elementary Counselor, Smith Elementary (CCISD). Certified Educator K -8. Has 20 years of teaching experience and 10 years of counseling experience. Also conducts PDM — planning/decision making for Smith Elementary. Activities include: Works with CASA, Family Outreach, PCHAS, PAC, has written educational lessons for Science and History Museum, the Bats Conservation International and Modern Curriculum Press. (08/10/12) Matt Teifke, Jr. Realtor, Garron Dean & Associates Realtors. Currently 3rd year student at Texas A &M University — Corpus Christi, with History major, Social Work minor. Activities include: Big Brothers/Big Sisters of South Texas. (4127112) Jo Woolsey Self- Employed, Woolsey Legal Services. Attended Victoria Junior College. Previously worked in Legal field in Corpus Christi, now self - employed in Legal field. Activities include: Member of the Athenian Club. (7131112) b. AIRPORT BOARD — Three (3) vacancies with terms to 4- 04 -16. DUTIES: To advise the City Council concerning matters relating to the aviation interests of the City of Corpus Christi and the operation of the Corpus Christi International Airport facilities for the promotion of those interests. COMPOSITION: Ten (10) members appointed by the City Council for three -year terms. All members shall serve for three -year staggered terms. Members must be residents of Corpus Christi. MEMBERS Wayne M. Squires Dana Gunter Adam Nuse Donald M. Feferman, Chair * * ** *Jesse Olivares * *Rosie Collin George B. Richard Kelly Harlan *Jeffrey Kane William McCord *Jay Wise TERM 04 -04 -15 04 -04 -15 04 -04 -14 04 -04 -14 04 -04 -13 04 -04 -13 04 -04 -14 04 -04 -15 04 -04 -13 04 -04 -14 Advisory, non - voting ORIGINAL APPTD.DATE 02 -28 -12 05 -08 -12 04 -13 -10 04 -12 -11 11 -08 -05 04 -13 -10 05 -20 -08 05 -08 -12 04 -13 -10 04 -13 -10 Legend: *Seeking reappointment "Not seeking reappointment ** *Resigned /Met one -year service limitation in Advisory role * * * *Exceeded number of absences * * * * *Has met six -year service limitation (The Airport Board is recommending the reappointment of Jeffrey Kane and the new appointments of Alex Garcia, Jr. and Shawn Morgan. The Board is also recommending that Mr. Jay Wise be reappointed for another one-year term as an Advisory member (non- voting)). ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Jeffrey Kane 8 6 (2 exc.) 75% OTHER INDIVIDUALS EXPRESSING INTEREST: James "Jim" Abram Self- Employed, Air Traffic Control Consultant. Received an MS in Aviation Management and a BS in Aeronautics. (4/14/11) John D. Bell Attorney, Wood Boykin & Wolter, PC. Received BA from Austin College, Law Degree from St. Mary's. Activities include: State Bar of Texas and Corpus Christi Bar Assn., Corpus Christi Symphony Orchestra board member, Corpus Christi Chamber Music Society, First Baptist Church Foundation, Corpus Christi Yacht Club, Corpus Christi Rotary Club, Corpus Christi Chamber of Commerce, League of Women Voters, and Democratic Party Precinct Chair. (1115113) Joseph M. Dudek Assistant Professor of Airframe Applied Technology, Del Mar College. Received Bachelor and Master of Science from Texas A &M University - Corpus Christi, FAA Certification from Hallmark Institute of Technology, San Antonio, Texas, and A.A.S Aircraft Specialist from St. Philips College, San Antonio, Texas. Activities include: USS Lexington Museum on the Bay, Del Mar College Aviation Maintenance Club, Aviation Technician Education Council, and Northrop Rice Foundation. Recipient of Del Mar College Program of Excellence 2007. (2/27/13) Glenna S. Elliff Retired. Formerly employed with Alief ISD (Houston). Former General Manager /Owner of Jennings Chevrolet Co. in Robstown. Attended Robstown High School. (3113113) Alex Garcia, Jr. Vice- President, ValueBank, Texas. Received AA from Del Mar College, and Bachelor of Business from University of Houston. Current activities include: C.C. Hispanic Chamber of Commerce, Buccaneer Commission, Sembradores de Corpus Christi, YMCA Board, Bay Area Citizens Against Lawsuit Abuse, Junior Achievement Board. Former Activities include: City Councilman 1997- 1999, Nueces County Democratic Chairman, Leadership Corpus Christi Class and Board member, Greater Corpus Christi Business Alliance, C.C. Chamber of Commerce and Texas Food Industry Assn. (4110113) Marc A. Gonzalez Director of Infrastructure Operations, Dept. of the Army at Corpus Christi Army Depot. Received a BA from Univ. of Texas at San Antonio, Master of Aeronautical Science from Embry- Riddle Aeronautical University, and currently working on MBA at Texas A &M University - Corpus Christi. Commissioned Officer U.S. Air Force for 18 years. Activities include: Leadership Corpus Christi, Class 3 9. (4123113) Richard A. Harvey Instructor Pilot, U.S. Marine Corps, for Navy Flight School. Received a BA in Philosophy from University of Texas at San Antonio. Currently holds a current Commercial Pilot Rating with type ratings in multiple aircraft. (4111112) Antonio Elas Special Agent. U.S. Dept. of Homeland Security. Received B.A. in History, Central Connecticut State Univ., and MDiv, Seminario Evangelico de Puerto Rico, San Juan, Puerto Rico, current PhD Student in History, Centro de Estudios Avanzados de Puerto Rico y el Caribe, San Juan, Puerto Rico. Activities include: Texas Army National Guard, Chaplain, and Christian Reformed Church in North America, ministry associate. Veteran of Operation Enduring Freedom. (2127113) (Resigned from Commission on Children and Youth) Glenn R. Jones Community Plans and Liaison Officer, Naval Air Station Kingsville. Received a BS in Business Economics from State University of New York. Retired Navy Air Traffic Controller (23 yrs). Activities include: City of Kingsville Development Review Board, City of Kingsville Chamber of Commerce, Kingsville Noon Rotary Club, Kingsville Navy League, L. E. Ramey Golf Course Advisory Committee. (3111113) Gordon W. Lester Chief Pilot, Sikorsky Aircraft Corporation. Received a BA in Airport Management from Troy University and MBA from Webster University. Holds FAA Commercial Certificate in Airplanes (SE & ME), Helicopters and Gliders. Certified Flight Instructor. Former Sikorsky Program Manager for Partnership with CCAD (`04 -'09). (2/25/13) Shawn Morgan Aviation Director, Driscoll Children's Hospital. Received a BS in Aviation Professional Pilot. Holds FAA Airline Transport Pilot (ATP) Certificate and Airframe and Powerplant Mechanic (A &P) Certificate. Activities include: National Business Aviation Association. (3/18/13) Anthony J. Mulheron Quality Control Inspector, L3. Owner, AIM Tactical. Attends Liberty University Online. Activities include: Wounded Warrior. (512111) Guy Nickleson CEO/Founder, LEAD First Foundation. Received a BA in Marketing from Texas A &M- Corpus Christi. Former Director of the YMCA of the Coastal Bend for 16 years. Also, former Educator with CCISD for 9 years. Activities include: founder YMCA's Youth and Government program, received the "Living the Dream" award by KIII- TV, also awarded The Tom Joiner Show Award for outstanding youth role model, former member City's Commission on Children and Youth, training board for new Police Officers, Mentors Network. Also received awards from HI -ALCO Neighborhood Council and Community Action Agency for work with youth and families. (4/25/13) Timothy M. O'Brien Pilot, Coastal Drilling Company. Received an Associates of Applied Science (AAS) in Flight Technology from Alabama Aviation College in Ozark and a BS in Economics with Math emphasis from the University of Wisconsin at Madison. Commissioned Notary Public, State of Texas. (2126113) Charles "Chip" Spence Retired Federal Agent, Pilot and Manager. EMT Paramedic Instructor. Certified Flight Instructor. Licensed Captain of OUPV. Attended University of Southern California and Howard College. (114111) William D. Strawn Retired. Former TxDOT Grant Manager /State Planner. Received BBA from University of Texas at Austin, and MA from University of Nebraska. Retired USAF Officer. hPilot for U.S. Coast Guard Auxiliary. Activities include: Parkway Presbyterian Church, Vice - Commander Corpus Christi Flotilla of VSCG Auxiliary, City Ethics Commission member. (4115113) (Willing to resign from the Ethics Commission if appointed to this board.) Robert A. Williams Adjunct Associate Professor, Embry - Riddle Aeronautical University. Teaches Graduate Airport Operations, Safety and Management, and Air Transportation Systems. Received BS in Aircraft Maintenance Engineering; Parks College of St. Louis University, St. Louis, MO., MA in Management; Webster University, St. Louis, MO, Master of Aeronautical Science — Space and Safety; Embry - Riddle Aeronautical University. Attended USAF Airspace School; Keesler AFB, Mississippi. (3114113) C. ANIMAL CONTROL ADVISORY COMMITTEE — Four (4) vacancies with terms to 5 -31- 15 and 5 -31 -16 representing the following categories: 1 — Veterinarian, and 3 — Community At Large. DUTIES: To advise the City Council and City Manager on all aspects of animal control including fees, staffing, ordinances, procedures and policies and facilities. The jurisdiction and actions of the Board shall be advisory only. COMPOSITION: It shall consist of seven (7) members. Terms will be for three years. At least one member shall be a veterinarian. Two members shall be members of local animal welfare organizations (at least one of the organizations must operate an animal shelter). The remaining four members shall represent the community at large. All members shall serve until their successors are appointed and qualified and each shall be a resident of the City. The City Manager, or his representative, the Director of the City- County Health and Welfare Department or his representative and the Animal Control Supervisor shall serve as ex- officio members of the Board without vote. The Board, by majority vote, shall elect its own Chairman who shall preside at all meetings of the Board and a Vice Chairman who shall act as president in the absence of the Chairman. The Director of the City- County Health and Welfare Department or his designated representative shall serve as the secretary of the Board. MEMBERS Barbara E. Beynon (Animal Welfare Cheryl Martinez (Comm. at Large) ***Dr. Nina M. Sisley (Comm. at Large) *Laina Schonefeld (Comm. at Large) "Heather Tarnoski (Comm. at Large) *Dr. Barbara Whitlock (Veterinarian) Harold Bennett (Animal Welfare /Shelter) City Manager or Representative Annette Rodriguez, Dir. of Public Health Jesse Carreon, Interim Director, Animal Control Legend: *Seeking reappointment "Not seeking reappointment ***Resigned * * * *Exceeded number of absences * * * * *Has met six -year service limitation Ex- Officio, Nonvoting Ex- Officio, Nonvoting Ex- Officio, Nonvoting (The Animal Control Advisory Committee recommends the reappointments of Laina Schonefeld (At Large) and Dr. Barbara Whitlock (Veterinarian), and also recommend the new appointments of Megan Tisdale (At Large) and Janet Strawn (At Large)). ORIGINAL TERMS APPTD. DATES 5 -31 -14 9 -09 -08 5 -31 -15 6 -12 -12 5 -31 -15 7 -19 -11 5 -31 -13 2 -14 -12 5 -31 -13 8 -17 -10 5 -31 -13 8 -17 -10 5 -31 -14 9 -09 -08 Ex- Officio, Nonvoting Ex- Officio, Nonvoting Ex- Officio, Nonvoting (The Animal Control Advisory Committee recommends the reappointments of Laina Schonefeld (At Large) and Dr. Barbara Whitlock (Veterinarian), and also recommend the new appointments of Megan Tisdale (At Large) and Janet Strawn (At Large)). ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Laina Schonefeld (At Large) 6 6 100% Dr. Barbara Whitlock (Veterinarian) 10 10 100% OTHER INDIVIDUALS EXPRESSING INTEREST: Brent Koza Environmental Specialist, Texas General Land Office. Received a Master of Science from Texas A &M University — Corpus Christi. Former Wildlife Manager of TAMU -CC. Currently works with animal rehabilitation organizations, natural resource damage assessment, oiled wildlife response planning. (3112113) Anthony J. Mulheron Quality Control Inspector, L3. Owner, AJM Tactical. Attends Liberty University Online. Activities include: Wounded Warrior. (512111) Janet P. Strawn Retired. Former Bank Officer/Financial Management. Activities include: Coast Guard Auxiliary member (she and husband fly missions), volunteer with The Cattery cat shelter. Former animal behaviorist trainer for the Austin Humane Society. (9110112) Megan Tisdale Office Manager, Rainbow Investments Company. Activities include: Board member People Assisting Animal Control (P.A.A.C.), Yorkie Haven Rescue member, South Texas Botanical Gardens and Nature Center corporate member. (3118113) Megan Winn Owner /Assistant to Exec. VP, Winn Exploration Company. Received an AA degree in Visual Communications and a BS in Business Management. Activities include: volunteer and board member of People Assisting Animal Control — (P.A.A.C.). (1115113) d. BUILDING CODE BOARD OF APPEALS — Three (3) vacancies with terms to 5 -04 -15 representing the following categories: 1 — Architect, 1 — General Contractor, and 1 — Building Industry. DUTIES: The Building Code Board of Appeals ( BCBOA) shall have the power to hear individual appeals of decisions and interpretations of the building official on rulings and alternate materials and methods of construction and, consider individual variances of the City Building Code, Existing Building Code, Residential Construction Code, Flood Hazard Prevention Code, and Energy Conservation Code. Furthermore, the BCBOA shall have the power, after having obtained public comment, to recommend to the City Council changes to the City Building Code, Existing Building Code, Residential Construction Code, Flood Hazard Prevention Code, and Energy Conservation Code. COMPOSITION: Seven (7) members appointed by the City Council for two -year staggered terms. It must include an architect, a general contractor, an engineer, three (3) members at large from the building industry, and one member not connected with the building industry. Quorum shall require four (4) members. M_F MRTi ,R C Ray Jones (Building Industry) Vincent Doyle (Not Conn WBldg. Ind.) *****John R. Dykema, Jr. (Architect), Chair Ricardo Martinez (Engineer) *Debbie (Ehlen) Schibi (General Contractor) John Kendall (Building Industry) *Randy Farrar (Building Industry) TERMS 5 -04 -14 5 -04 -14 5 -04 -13 5 -04 -14 5 -04 -13 5 -04 -14 5 -04 -13 ORIGINAL APPTD.DATES 7 -17 -12 7 -17 -12 8 -21 -07 12 -9 -08 9 -11 -12 12 -9 -08 9 -11 -12 Legend: *Seeking reappointment "Not seeking reappointment ***Resigned * * * *Exceeded number of absences * * * * *Has met six -year service limitation (The Building Code Board of Appeals recommends the reappointments of Debbie Schibi (General Contractor) and Randy Farrar (Building Industry), and recommends the new appointment of Chuck Anastos (Architect)). ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Debbie E. Schibi (General Contractor) 3 2(1 exc.) 67% Randy Farrar (Building Industry) 3 3 100% OTHER INDIVIDUALS EXPRESSING INTEREST: Chuck Anastos, AIA President/Principal Architect, Chuck Anastos Associates, LLC. Activities include: Texas Board of Architectural Examiners (Governor Apptmt.), American Institute of Architects and Corpus Christi Chapter of AIA, Texas Society of Architects, Art Museum of South Texas Building Cmtee., and Corpus Christi Art Foundation Exec. Cmtee. Former activities include: Arts and Cultural Commission, Mayor's Taskforce on Housing, Corpus Christi Drug Abuse Council, Conquistadores, Big Brothers/Big Sisters, and Leadership Corpus Christi, Class XIX. (Architect) (4115113) Gene Clancy Design Resource Manager of Construction Engineering, Susser Holdings /Stripes LLC. Attended some college. Activities include: former Zoning Board of Adjustments member. (Building Industry) (4112112) Lee R. Hassman Managing Partner/Realtor, Tropical Realtor. Manages office, sells commercial and residential real estate. Certified and specializes in short sales, as well as custom home building and commercial building through Harbor Homes II. (General Contractor) (Building Industry) (3/19/12) Mike Munoz Project Manager, B.E. Beecroft Company, Inc. Received a BS in Construction from Texas A &M University - College Station. Activities include: Nueces County A &M Club (President Elect), and Leadership Corpus Christi - Class XLI. (General Contractor) (Building Industry) (8124112) Ernest Bert Rucker, Jr. Architect/Owner, Rucker & Rucker, Inc. Received his B Arch from Oklahoma State University. USN - Retired LCDR. Activities include: Was the Architect for restoration of the Gugenheim House in Heritage Park, Officer In Charge- Seabee Reserve, built stages for Bayfest. (Architect) (11/19/12) Jesse Valle Production Manager, Chuck Anastos Associates, LLC. Attended Del Mar College. Former commercial plans examiner for the City of Corpus Christi. Has extensive knowledge of The International and Southern Building Codes. (Building Industry) (5127111) David Wallace Real Estate Broker /Owner, Selncc, Inc. dba Windward Properties. Received a BA in PhotoJournalism from Stephen F. Austin University. Licensed Real Estate Broker in Corpus Christi for past 30 years. (General Contractor) (Building Industry) (03119112) Mike Wanzer Air Conditioning Business Owner, Mike Wanzer A/C Company, Inc. HVAC Contractor for past 24 years. Activities include: City Mechanical/Plumbing Advisory Board member and Chair (met maximum service limit), past President of the Coastal Bend Air Conditioning Contractors Association. (Building Industry) (8128112) e. COMMISSION ON CHILDREN AND YOUTH - Three (3) vacancies with terms to 5 -01 -16 representing the following categories: 1 - Education, 1 - Health & Human Services, and 1 - Youth representative (age 16 -21). DUTIES: To support a comprehensive system of services and advance policies to meet the needs of Corpus Christi's children, youth and their families including gathering information from people and entities to act as a source of information and referral on issues concerning children, developing an annual community action plan for children, youth and their families, advising the City Council on acquiring and allocating children and youth's resources and services, strengthen communications and encourage partnerships between public and private entities working with children and youth, and serve as an advocate of local, state and federal policy benefitting children, youth and their families to the City Council, and to others as authorized by the Council. COMPOSITION: The commission shall consist of nine (9) members appointed by the City Council. Each appointee shall have demonstrated interest in the welfare of children or youth through occupation or through association with community -based organizations. Members shall be representative of each of the following fields: 1 - Health and Human Services, 1 - Legal, 1 - Law Enforcement, 1 - Education, 1 - Youth and Family Services, 1 - Nueces County District Attorney's Office, and 2 - At Large members. One (1) member shall be a youth representative from 16 to 21 years of age at time of appointment. Any member who ceases substantial activity in the field or office represented automatically resigns from the commission. (On 10- 10 -95, Council approved the addition of a Police Officer to serve as an Advisory Member to be appointed by the Police Chief.) MEMBERS *Dr. Ridge Hammons (Education), Chair Danny Kollaj a (At Large) Linda Hodge- Gambrill (Youth & Family Svcs.) *Heather Butscher (Health & Human Svcs.) Delia Oliveira (At Large) Isaac Valencia (Law Enforcement) Fran Willms (Legal) *Denise Etheridge (Youth Rep.) Clarissa Silva (D.A.'s Office) Capt. Tim Wilson (Police Off.) Legend: *Seeking reappointment "Not seeking reappointment ***Resigned * * * *Exceeded number of absences * * * * *Has met six -year service limitation ORIGINAL TERMS APPTD. DATES 5 -01 -13 5 -11 -10 5 -01 -14 3 -29 -11 5 -01 -15 5 -08 -12 5 -01 -13 8 -14 -12 5 -01 -14 5 -11 -10 5 -01 -14 5 -13 -08 5 -01 -15 9 -25 -07 5 -01 -13 1 -24 -12 5 -01 -15 7 -26 -11 Advisory 12 -06 -95 Ordinance amended to reduce membership from 14 to 9, and cate ,-ories chap ,-ed. (The Commission on Children and Youth recommends the reappointments of Dr. Ridge Hammon with a re- categorization from At Large to Education, the reappointment of Heather Butscher with a re- categorization from Education to Health and Human Services, and the reappointment of Denise Etheridge (Youth Rep)). ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Dr. Ridge Hammons (Education) 7 7 100% Heather Butscher (Health & H. Svc.) 7 4(1 exc.) 57% Denise Etheridge (Youth Rep.) 6 5(1 exc.) 83% OTHER INDIVIDUALS EXPRESSING INTEREST: Roland Hernandez, Ph.D. Chief Administrative Officer, Corpus Christi Independent School District ( CCISD). Received Ph.D. from The University of Texas at Austin, Masters degree from The University of Houston — Clear Lake, and Bachelors from Texas State University — San Marcos. Has 21 years experience in Education with 15 years in Administration. Activities include: Leadership Corpus Christi - Class 40, Citizens of Educational Excellence (CEE) board, Assistant Scout Master — Troop 226, Texas Assn. of School Administrators (TASA), and CCISD Athletic programs. (Education) (1107113) Linda L. Lindsey Retired 26 -year Educator /Coach. Received undergraduate from Texas Tech University, undergraduate in Physical Education from Texas A &M University — Corpus Christi, and a Master's in Educational Administration. Took 24 graduate hours in Special Education. Her passion is facilitating students and special needs persons to be "the best they can be" through education, recreation and community involvement. Activities include: Second Baptist Church. (Education) (9117112) Jason M. McDonel Head Physical Education Coach, Luther Jones Elementary — CCISD. Former Juvenile Probation Officer, and P.E. Coach at the Nueces County Boot Camp. Received Bachelors in Education majoring in Kinesiology and Social Studies. Served 4 years in U.S. Marine Corps. (Education) (12/15/11) Iris M. Martinez Director of Education - Project Turnaround, Coastal Bend Wellness Foundation. Received a BA in Communications from Texas A &M University - Corpus Christi. Holds Advanced Certified Prevention Specialist (ACPS) designation. Is an SAPST Trainer for Dept. of State Health Services. Activities include: Leadership Corpus Christi Class 36, Community Coalition for Children and Families, Youth Continuum of Care Coalition, Too Good for Drugs, CB Alliance for Youth, Aransas County Citizens Against Drugs, and Intergovernmental Commission on Drug and Alcohol Abuse volunteer. (Health & Human Services) (12/20/12) Gail Tatum Elementary Counselor, Smith Elementary (CCISD). Certified Educator K -8. Has 20 years of teaching experience and 10 years of counseling experience. Also conducts PDM — planning/decision making for Smith Elementary. Activities include: Works with CASA, Family Outreach, PCHAS, PAC, Science and History Museum, the Bats Conservation International and Modern Curriculum Press. (Education) (08110112) f COMMITTEE FOR PERSONS WITH DISABILITIES — One (1) vacancy with term to 2- 01 -14. DUTIES: To carry on a program to encourage, assist and enable persons with disabilities to participate in the social and economic life of the city; to achieve maximum personal independence; to become gainfully employed; and to enjoy fully and use all public and private facilities available within the community. COMPOSITION: Nine (9) residents of the city who shall be appointed by the City Council. The membership of the committee shall be composed of individuals with disabilities and representatives of agencies and organizations functioning within the committee's area who are interested in the provision of services to persons with disabilities and others who are interested in the abilities and specific needs of persons with disabilities, subject to Council approval. The city's Director of Human Relations, Director of Park and Recreation, and Building Official shall serve as ex- officio non - voting members. The chairperson of the Committee for Persons with Disabilities shall serve as an ex- officio voting member of the Human Relations Commission. MEMBERS TERM Carlos Vargas 2 -01 -15 Darren Bates 2 -01 -15 Judah Hoehne 2 -01 -15 Sabrina Ramirez 2 -01 -15 Alana Manrow 2 -01 -15 M. Bertha Romero 2 -01 -14 ** *Donnie Contreras 2 -01 -14 Mary E. Wambach 2 -01 -14 David Ramos 2 -01 -14 Park & Recreation Director Ex- officio Human Relations Director Ex- officio Building Official Ex- officio Legend: *Seeking reappointment "Not seeking reappointment ***Resigned * * * *Exceeded number of absences * * * * *Has met six -year service limitation ORIGINAL APPTD.DATE 11 -11 -08 3 -09 -10 2 -12 -13 4 -12 -11 8 -31 -10 2 -09 -10 3 -20 -12 9 -25 -12 9 -25 -12 (The Committee for Persons with Disabilities is recommending the new appointment of Marshall Burns.) INDIVIDUALS EXPRESSING INTEREST: Marshall Burns Mobility Coordinator, Corpus Christi Regional Transportation Authority. Received a BA in Psychology from Texas A &M University- Corpus Christi. Activities include: Served on Regional Committee for Accessible Transportation (RCAT), and Easter Seals' Foundation's Accessible Transportation Coalition Initiative Access Team. (2/06/12) Larisa Ford, Ph.D., MPA Senior Biologist, U.S. Fish & Wildlife Service. Received a B.S. in Marine Biology from Texas A &M University - Galveston, an M.S. in Microbiology from Texas A &M University - College Station, a Ph.D. in Veterinary Microbiology (Minor: Fisheries) from Louisiana State University and a Masters of Public Administration (Environmental Track) from Texas A &M University- Corpus Christi. Former Educator, Sinton ISD. Certified Fisheries Scientist, Certified Open Water SCUBA Diver. Activities include: Served as a Special Emphasis Program Coordinator for Disabilities at U.S. Fish & Wildlife Southwest Region 2, former Coordinator for the Youth Conservation Corp Program at Aransas National Wildlife Refuge, International Association for Aquatic Animal Medicine, World Aquaculture Society, American Society for Microbiology. Coached Corpus Christi Little League Boys & Girls basketball. (1103111) Linda L. Lindsey Retired 26 -year Educator /Coach. Received undergraduate from Texas Tech University, undergraduate in Physical Education from Texas A &M University — Corpus Christi, and a Master's in Educational Administration. Took 24 graduate hours in Special Education. Her passion is facilitating students and special needs persons to be "the best they can be" through education, recreation and community involvement. Activities include: Second Baptist Church. (9117112) Anthony Mulheron Quality Control Inspector, L3. Owner, AJM Tactical. Attends Liberty University Online. Activities include: Wounded Warrior. (512111) Henry Palacios, III Self- Advocate. Diagnosed with polio at the age of one, he is a strong advocate pushing for "inclusion in the classrooms and equal treatment" for those with disabilities. Received a degree in Counseling from Columbia University. Activities include: Coastal Bend Center for Independent Living, Access Team Committee for the B- Line (ACTI), Texas State Independent Living Council, Texas Association /Council Independent Living — Consumer Advocacy Team. (4108113) Brian Solarek Global Services & Support Logistics Leader, The Boeing Co. Received a Masters degree in Organizational Dynamics. Very willing and interested to serve on a City Board. (09125112) Lillian Taylor Administrative Assistant, Coastal Bend Center for Independent Living (CBCIL). Works with people with disabilities on a daily basis. (3106112) g. MARINA ADVISORY COMMITTEE — Four (4) vacancies with terms to 12 -18 -14 representing the following categories: 1 — Scientist, 1 — Restaurant rep. located in boundaries of the marina, and 2 — Community At Large. DUTIES: To advise and make recommendations regarding development, use, or preservation of the marina, including the following: (1) assist the City Council in providing for the orderly, planned development and use of the marina; (2) review the annual and capital improvement budgets regarding the improvement and maintenance of the facilities upon the marina; and (3) review and recommend to the City Council the feasibility of development, improvements, maintenance or proposed uses for the marina. COMPOSITION: Nine (9) members appointed by the City Council for two -year terms. The membership shall include one (1) Scientist, i.e. Marine Biologist, one (1) Engineer, and one (1) Environmentalist; one (1) shall be a Representative of a Restaurant located within the boundaries of the Marina, and five (5) Community At Large members. The Chairperson of the Marina Advisory Committee shall act as an advisor to the Park and Recreation Advisory Committee and vice versa. In the initial appointment members will serve an initial two -year term, in the succeeding term, 5 members will serve a two -year term, and 4 members will serve a one -year term, as determined by drawing. Thereafter, all terms will be two - years. Legend: *Seeking reappointment "Not seeking reappointment ***Resigned ****Exceeded number of absences * * * * *Has met six -year service limitation (The Marina Advisory Committee recommends the reappointment of Monte Reitz (Restaurant Rep.) and the new appointments of Clare Lee (Marine Biologist/Scientist), Robert Paulison (At Large), and Sharon Emerson (At Large)). ATTENDANCE RECORD OF MEMBERS SEEKING REINSTATEMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Monte L. Reitz (Restaurant) 7 4(1 exc.) 57% ORIGINAL MEMBERS TERM APPTD. DATE * * ** *Robert Vega (Scientist) 12 -18 -12 12 -18 -07 Dan Leyendecker (Engineer) 12 -18 -13 12 -18 -07 John Adams (Environmentalist) 12 -18 -13 12 -18 -07 *Monte L. Reitz (Restaurant) 12 -18 -12 12 -07 -10 Robert Cagle 12 -18 -13 12 -18 -07 * * ** *Hal Suter 12 -18 -12 12 -18 -07 Ron Behnke 12 -18 -13 12 -13 -11 * * ** *Roy Pell 12 -18 -12 12 -18 -07 Curt Broomfield, Vice -Chair 12 -18 -13 08 -30 -11 Legend: *Seeking reappointment "Not seeking reappointment ***Resigned ****Exceeded number of absences * * * * *Has met six -year service limitation (The Marina Advisory Committee recommends the reappointment of Monte Reitz (Restaurant Rep.) and the new appointments of Clare Lee (Marine Biologist/Scientist), Robert Paulison (At Large), and Sharon Emerson (At Large)). ATTENDANCE RECORD OF MEMBERS SEEKING REINSTATEMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Monte L. Reitz (Restaurant) 7 4(1 exc.) 57% INDIVIDUALS EXPRESSING INTEREST: Sharon Emerson Paralegal, Law Office of Arnold Gonzales, Jr. Activities include: President and Board of Directors of Corpus Christi International Seamen's Center; Live Auction Chair of March of Dimes Celebrity Chefs Auction; former Bayfest Chairman and Chairman of the Mayor's Fourth of July Committee. (At Large) (4119111) Clare Lee Marine Biologist, U.S. Fish and Wildlife Service. Received a BS in Biology and MS in Biology. (Scientist/Marine Biologist) (At Large) (3119113) Anthony J. Mulheron Quality Control Inspector, L3. Owner, AIM Tactical. Attends Liberty University Online. Activities include: Wounded Warrior. (At Large) (5102111) Kevin Karroll Nelson, Ph.D. Post Doctoral Research Associate, Texas A &M University- Corpus Christi. Received a Ph.D. in Coastal and Marine System Science, and an M.S. in Computer Science. Currently conducting water /marine studies in Corpus Christi Bay and Nueces River Delta. (Scientist/Marine Biologist) (At Large) (11120112) Robert "Bob" Paulison Executive Director, Port Industries of Corpus Christi. Retired U.S. Coast Guard. Sector Corpus Christi Commander & Captain of the Port from 2007 -2010. Received a BS from the Coast Guard Academy, and MS in Industrial Administration from Purdue University. Activities include: Propeller Club, USO Board, Navy League Board, and Nueces County Coastal Parks Board. (At Large) (5/06/13) Charles "Chip" Spence Retired Federal Agent, Pilot and Manager. EMT Paramedic Instructor. Certified Flight Instructor. Licensed Captain of OUPV. Attended University of Southern California and Howard College. (At Large) (114111) h. MAYOR'S FITNESS COUNCIL — Six (6) vacancies with terms to 5 -11 -14 and 5 -11 -15 representing the following categories: 1 — Disability Networks, 1 — Health Care/Medical Professional, 1 — Youth Initiatives, 1 — Worksite Wellness, and 2 — At Large. (Appointed by the Mayor with the approval of the City Council) DUTIES: To advise the City Council, City Manager, Parks Department and Health District regarding promotion of healthy living, including but not limited to the following activities: Encourage, promote and enhance healthy living through organized sports, events, diet and everyday activity, all with a strong emphasis on using natural resources. In addition, to collaborate with community leaders in all sectors to develop and implement policy and environmental improvement strategies that will help combat chronic disease such as diabetes, cardiopulmonary disease, and cancer. COMPOSITION: The committee shall consist of nine (9) members appointed by the Mayor with approval of the City Council. The committee shall consist of individuals representing the following categories: Health Care/Medical Professionals, Worksite Wellness, Disability Networks, Senior Initiatives, Youth Initiatives, Community Outreach and three (3) At Large members. Staggered terms are as follows: Five terms shall end in even numbered years: Health Care/Medical Professionals, Senior Initiatives, Youth Initiatives, Community Outreach and one At Large. Four terms shall end in odd numbered years: Worksite Wellness, Disability Networks, and two (2) At Large members. Thereafter, all terms shall be two (2) years. Ex- officio members will include Director of Parks and Recreation, and the Director of the City County Public Health District. ORIGINAL MEMBERS TERM APPTD. DATE *Kimberly Cook (Disability Networks) Vacant (Health Care/Med) *Rodney Brown (At Large) Vacant (Youth Initiatives) Judy Lapointe (Senior Initiatives) *Megan Allen (Worksite Wellness) Raquel Richardson (Community Outreach) *Wade Spenst (At Large), Chair Rick Hayley (At Large), Vice -Chair Director, Parks and Recreation Director, City /County Public Health Distr. Legend: *Seeking reappointment "Not seeking reappointment ***Resigned * ** *Exceeded number of absences * * ** *Has met six -year service limitation 5 -11 -13 5 -08 -12 5 -11 -14 5 -11 -13 2 -21 -12 5 -11 -14 5 -11 -14 5 -11 -10 5 -11 -13 11 -08 -11 5 -11 -14 5 -08 -12 5 -11 -13 5 -11 -10 5 -11 -14 5 -11 -10 Ex- officio, non - voting Ex- officio, non - voting Ordinance amended to reduce membership from 13 to 9. and categories changed (The Mayor's Fitness Council recommends the reappointments of Kimberly Cook (Disability Networks), Rodney Brown (At Large), Wade Spenst (At Large), and Megan Allen with re- categorization from (College/University) to (Worksite Wellness). For Rick Hayley, they recommend re- categorization from (Governor's Physical Fitness Liaison) to (At Large). They also recommend the new appointments of Dr. Chad Peters (Health Care/Medical Professional), and Dr. Roland Hernandez (Youth Initiatives)). ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT OTHER INDIVIDUALS EXPRESSING INTEREST: Nicole Andrade Human Resource Manager, Texas State Aquarium. Received Associates Degree in Business Administration from Del Mar College and Bachelors in HR from Saint Leo University. Currently Pursing Masters Degree at Saint Leo University. Activities include: Corpus Christi Human Resource Management Association and Local American Society for Training and Development. (Worksite Wellness) (At Large) (5114111) Sarah Dianne Baugh Chief Operating Officer /Owner, Dash Truck and Equipment Sales, Inc. Activities include: Cowboy Church Committee for Buc Days, Calallen Baptist Church, Junior League and Republican Party. (At Large) (2125111) Victor Betancourt Owner, V Fit Training Center. Certified Personal Trainer. Creator of V Fit Challenge. (Worksite Wellness) (At Large) (1106111) Steve Coronado, Jr. Lead Pastor, Solid Rock Church. Received his BA and MA from Oral Roberts University. Has been a pastor at Solid Rock Church for over 24 years. Activities include: Beach - to -Bay participant, many city -wide worship and prayer gatherings, Solid Rock food pantry distribution and fitness programs for the community. (At Large) (05111112) Micah DeBenedetto Owner/Photographer, MD Photography. Received a BS in Chemistry from University of Texas at Austin. Has studio in KSpace Contemporary Art Museum. Activities include: Court Appointed Special Advocates (CASA) Board of Directors, YMCA, ALS Association of South Texas, and Young Business Professionals. (At Large) (2107113) Jessica Engelbrecht Registered Dietitian, National Renal Institute, DSI. Received MS in Nutrition from Case Western Reserve University, a BS in Human Nutrition from Oklahoma State University. Activities include: YMCA, Junior League. (Worksite Wellness) (Healtheare/Medical) (At Large) (1 /10 /11) NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Megan Allen (Wk. Wellness) 10 6(1 -exc.) 60% Kimberly Cook (Disab. Ntwks.) 10 7(2 -exc.) 70% Rodney Brown (At Large) 10 7 70% Wade Spenst (At Large) 10 9 90% OTHER INDIVIDUALS EXPRESSING INTEREST: Nicole Andrade Human Resource Manager, Texas State Aquarium. Received Associates Degree in Business Administration from Del Mar College and Bachelors in HR from Saint Leo University. Currently Pursing Masters Degree at Saint Leo University. Activities include: Corpus Christi Human Resource Management Association and Local American Society for Training and Development. (Worksite Wellness) (At Large) (5114111) Sarah Dianne Baugh Chief Operating Officer /Owner, Dash Truck and Equipment Sales, Inc. Activities include: Cowboy Church Committee for Buc Days, Calallen Baptist Church, Junior League and Republican Party. (At Large) (2125111) Victor Betancourt Owner, V Fit Training Center. Certified Personal Trainer. Creator of V Fit Challenge. (Worksite Wellness) (At Large) (1106111) Steve Coronado, Jr. Lead Pastor, Solid Rock Church. Received his BA and MA from Oral Roberts University. Has been a pastor at Solid Rock Church for over 24 years. Activities include: Beach - to -Bay participant, many city -wide worship and prayer gatherings, Solid Rock food pantry distribution and fitness programs for the community. (At Large) (05111112) Micah DeBenedetto Owner/Photographer, MD Photography. Received a BS in Chemistry from University of Texas at Austin. Has studio in KSpace Contemporary Art Museum. Activities include: Court Appointed Special Advocates (CASA) Board of Directors, YMCA, ALS Association of South Texas, and Young Business Professionals. (At Large) (2107113) Jessica Engelbrecht Registered Dietitian, National Renal Institute, DSI. Received MS in Nutrition from Case Western Reserve University, a BS in Human Nutrition from Oklahoma State University. Activities include: YMCA, Junior League. (Worksite Wellness) (Healtheare/Medical) (At Large) (1 /10 /11) Javier P. Garcia Relief Captain /Vessel Manager, Kirby Inland Marine. Attended Del Mar College. Has 31 years of training in the Martial Art and Olympic Sport of Judo. Trained and competed nationally and with Olympic champions. Desires to establish Judo training program with the youth of Corpus Christi. (Youth Initiatives) (At Large) (03112113) Patricia Garcia Owner/Manager, Wildfire Enterprises, Inc. Received a BA in Public Relations from Texas State University and an MS in Counseling from Texas A &M University — Corpus Christi. Formerly worked as information specialist, business development and grant writing/intergovernmental relations at TWC, TAMU -CC, CCISD, City of Corpus Christi. Activities include: Texas Association of Partners in Education, Flint Hills Resources Community Action Council, Leadership Corpus Christi Alumni Association, United Way Campaign Chair, former Sister City Committee, Youth Opportunities United and Downtown Rotary Club. (Worksite Wellness) (At Large) (1125111) Roland Hernandez, Ph.D. Chief Administrative Officer, CCISD. Obtained Ph.D. from the University of Texas at Austin, Masters from The University of Houston -Clear Lake, and Bachelor's from Texas State University in San Marcos. Has been an educator for 21 years and in Administration for 19 years. Activities include: Leadership Corpus Christi Class 40, Board Member for Citizens of Educational Excellence (CEE); Assistant Scout Master — Troop 226, oversees athletic programs in CCISD, Texas Assn. of School Administrators State Commission. (Youth Initiatives) (At Large) (1107113) Linda L. Lindsey Retired 26 -year Educator /Coach. Received undergraduate from Texas Tech University, undergraduate in Physical Education from Texas A &M University — Corpus Christi, and a Master's in Educational Administration. Took 24 graduate hours in Special Education. Her passion is facilitating students and special needs persons to be "the best they can be" through education, recreation and community involvement. Activities include: Second Baptist Church. (Youth Initiatives) (At Large) (9117112) Jason M. McDonel Head Physical Education Coach, Luther Jones Elementary (CCISD). Former Juvenile Probation Officer, and P.E. Coach at the Nueces County Boot Camp. Received Bachelors in Education majoring in Kinesiology and Social Studies. Served 4 years in U.S. Marine Corps. (Youth Initiatives) (At Large) (12/15/11) Bryan Mayhood Director of Season Ticket Services, Corpus Christi Hooks Baseball Club. Graduated from Texas A &M University- Corpus Christi. Activities include: Heart Walk Committee. (Youth Initiatives) (At Large) (115111) Anthony Mulheron Quality Control Inspector, L3. Owner, AJM Tactical. Attends Liberty University Online. Activities include: Wounded Warrior. (At Large) (512111) Melissa N. Nesmith Medical Assistant, Allergy, Asthma, and Dermatology — James Caplin, M.D. Received Associate's Degree in Liberal Arts from Del Mar College, a BS in Biomedical Science Pre - Physician Assistant from Texas A &M University- Corpus Christi, and Emergency Medicine Research Associate from Christus Spohn Memorial Hospital. (Health Carel Mledical Professional) (At Large) (1/21/11) Merced V. Pena Semi - retired. Consultant work with Vamos Productions as Media /Advertising Consultant. Former employment and volunteer activities include: substance abuse counselor training from Del Mar College, Texas Youth Commission volunteer, Alternative Therapies training from CB Council on Alcohol & Drug Abuse, Nueces County Substance Abuse Treatment Facility volunteer, New Beginnings volunteer, substance abuse education and counseling at Nueces County Juvenile Justice Center, counselor with Corpus Christi Drug Abuse Council, and Coastal Bend Intergroup Association. (Youth Initiatives) (At Large) (12/18/12) Dr. Chad Peters, DC Doctor/Principal, Armadillo Sport Chiropractic. Received BS in Wellness/Kinesiology from South Dakota State University, and a DC (Dr. of Chiropractic) from Northwestern Health Science. Currently treating chiropractor for TAMU -CC, and Certified Strength and Conditioning Specialist for National Strength Coaches Assn. Activities include: Corpus Christi Tri Club, Roadrunner, U.S. Tennis, and National Strength and Conditioning Assn (NSCA). (Health Care/Medical Professional) (At Large) (3118113) Brian A. Rosas Production Supervisor, L3 Communications. Activities include: Westside umpire, Pony Baseball. (At Large) (4/08/13) James Scoville President/CEO, YMCA of the Coastal Bend. Received MS in Health Care Administration for Des Moines University (formerly the Univ. of Osteopathic Medicine), and a BA in Leisure Administration from Iowa State University. (Worksite Wellness) (Youth Initiatives) (At Large) (01/25/11) Dr. Lloyd Stegemann Bariatric Surgeon, Texas Center for Medical & Surgical Weight Loss. Received BS in Biology from Texas A &I University, Kingsville, Medical School at University of Texas Health Science Center — Houston, received M.D., and Residency at University of Texas Health Science Center — San Antonio. (Graduate of Carroll High School — 1987). Former Educator as Physical Science Teacher. Currently Bariatric Surgeon in private practice. Professional Organizations include: Texas Assoc. of Bariatric Surgeons, Obesity Action Coalition, American Society of Metabolic and Bariatric Surgery, American College of Surgeons, American Medical Assoc., Nueces County Medical Society. (Health Care/Medical Professional) (At Large) (1120112) PLANNING COMMISSION — Two (2) vacancies with terms to 7 -31 -14 and 7- 31 -15. DUTIES: To make and amend a master plan for the physical development of the City; to recommend to the City Council approval or disapproval of proposed changes in the zoning plan; to exercise control over platting or subdividing land within the corporate limits of the city and within an area extending five miles beyond the City limits; to submit annually to the City Manager not less than 90 days prior to the beginning of the budget year a list of recommended capital improvements which in the opinion of the commission are necessary or desirable during the forthcoming 5 year period; to require information from other departments of the City government in relation to its work; to be responsible to and act as an advisory body to the City Council and to perform such additional duties and exercise such additional powers as may be prescribed by ordinance of the City Council. COMPOSITION: Nine (9) members which shall consist of nine registered voters of the City appointed by the City Council. Elects its own chairman from among its membership at the first regular meeting in August of each year. Legend: "Automatic Termination /Failure to timely file Report of Financial Information /Seeks reinstatement. OTHER INDIVIDUALS EXPRESSING INTEREST: Gene Clancy Design Resource Manager of Construction Engineering, Susser Holdings /Stripes LLC. Attended some college. Activities include: former Zoning Board of Adjustments member. (4112112) Alex Garcia, Jr. Vice- President, ValueBank, Texas. Received AA from Del Mar College, and Bachelor of Business from University of Houston. Current activities include: C.C. Hispanic Chamber of Commerce, Buccaneer Commission, Sembradores de Corpus Christi, YMCA Board, Bay Area Citizens Against Lawsuit Abuse, Junior Achievement Board. Former Activities include: City Councilman 1997- 1999, Nueces County Democratic Chairman, Leadership ORIGINAL MEMBERS TERM APPTD. DATE Mark Adame 7 -31 -14 7 -08 -08 Philip John Ramirez 7 -31 -15 7 -17 -12 Marco Castillo 7 -31 -14 7 -12 -11 "Gabriel Guerra 7 -31 -14 7 -12 -11 Curtis A. Rock 7 -31 -13 1 -08 -13 Chris Hamilton 7 -31 -15 7 -17 -12 "Mike Lippincott 7 -31 -15 7 -17 -12 Govind B. Nadkarni, Chair 7 -31 -13 7 -10 -07 Fred Braselton 7 -31 -13 7 -17 -12 Legend: "Automatic Termination /Failure to timely file Report of Financial Information /Seeks reinstatement. OTHER INDIVIDUALS EXPRESSING INTEREST: Gene Clancy Design Resource Manager of Construction Engineering, Susser Holdings /Stripes LLC. Attended some college. Activities include: former Zoning Board of Adjustments member. (4112112) Alex Garcia, Jr. Vice- President, ValueBank, Texas. Received AA from Del Mar College, and Bachelor of Business from University of Houston. Current activities include: C.C. Hispanic Chamber of Commerce, Buccaneer Commission, Sembradores de Corpus Christi, YMCA Board, Bay Area Citizens Against Lawsuit Abuse, Junior Achievement Board. Former Activities include: City Councilman 1997- 1999, Nueces County Democratic Chairman, Leadership Corpus Christi Class and Board member, Greater Corpus Christi Business Alliance, C.C. Chamber of Commerce and Texas Food Industry Assn. (4110113) Coretta Graham Attorney/Private Practice, Graham Legal Services. Received J.D. from Texas Southern University, Thurgood Marshall School of Law. Activities include: State Bar of Texas Professionalism Committee, Junior League, CCISD— Planning/Development Committee; Leadership Corpus Christi Alumni; Corpus Christi Chamber 40 under 40; BoldFuture; Corpus Christi Black Chamber, NAACP; Delta Sigma Theta Sorority Alumnae Chapter. (01102113) Lee Hassman Managing Partner, Tropical Realtor. Manages office, sells commercial and residential real estate. Certified and specializes in short sales, as well as custom home building and commercial building through Harbor Homes II. (3/19/12) Jason M. McDonel Head Physical Education Coach, Luther Jones Elementary — CCISD. Former Juvenile Probation Officer, and P.E. Coach at the Nueces County Boot Camp. Received Bachelors in Education majoring in Kinesiology and Social Studies. Served 4 years in U.S. Marine Corps. (07117112) Orlando Ortiz, P.E. Owner /Orlando Ortiz, Principal Engineer and Windstorm Engineer. Received a B.S. in Civil Engineering from the University of Texas at Austin. Registered Texas Professional Engineer, and Windstorm Certified by Texas Department of Insurance. Activities include: American Society of Civil Engineers, Texas Society of Professional Engineers, Society of Hispanic Professional Engineers, and National Society of Collegiate Scholars. (7102112) Craig B. Thompson, P.E. Project Engineer /Vice - President, Naismith Engineering, Inc. Received B.S. in Civil Engineering from Texas A &M University - College Station. Activities include: American Society of Civil Engineers (local branch & Texas section), Furman Avenue Block Association, and former member of the Landmark Commission. (6126112) Theunis A. Voorkamp Broker/Managing Partner /Owner, Corpus Christi Excel Properties Inc./Nueces Tax Relief /TAVCO Construction. Retired Merchant Marine Captain, graduate of the U.S. Merchant Marine Academy. Licensed Real Estate Broker, Licensed Property Tax Consultant, and Registered Arbitrator with State of Texas. Activities include: Texas Assn. of Property Tax Professionals, National Association of Realtors, and Texas Real Estate Commission. (3119112) Marsha Williams Realtor, Re/Max Metro Properties. Received B.A. in Business from Texas A & I University Kingsville. Past Chairman of Corpus Christi Association of Realtors. Active member of the Kiwanis Club and the Re/Max Lifetime Hall of Fame. (618111) j. PARKING ADVISORY COMMITTEE — Eleven (11) vacancies with terms to 5 -31 -15 and 5 -31 -16 representing the following categories: 1 — Nominee by District 2 Council Member, 2 — members nominated by the Downtown Management District; 1 — member nominated by the Corpus Christi Beach Task Force; 1 — member nominated by the Uptown Neighborhood Initiative; 2 — members nominated by the Building Owners & Management Association; 1 — member nominated by the Corpus Christi Convention and Visitors Bureau; 1 — member to be a resident where paid parking meters are collected; 1 — member to be an owner of residential living property in the City Center (Uptown/Downtown /Corpus Christi Beach Area); and 1 — Community At Large member. (Staff is requesting the postponing of categories: I - nominee by the Corpus Christi CVB and I - owner of residential living property in the City Center, pending further applicant recruitment.) DUTIES: To provide advice and recommendations to the police chief, city manager or city council on matters relevant to the administration and enforcement of to Code of Ordinances, Chapter 53 including: On- street and off - street parking, special events, and revitalization projects within the city center; developing parking enhancement projects for the city such as expansion of paid parking zones and parking facilities; parking and signage programs and city center concerns; the location, time and rates for paid parking zones, paid parking facilities owned or controlled by city, parking meters and parking pay stations, and penalties for delinquent violators; expenditure or usage of Parking Improvement Fund; parking improvement; and participate with the county on parking enhancement and city center revitalization matters. COMPOSITION: Eleven (11) members appointed by the City Council comprised of the following: one (1) member nominated by the District Two (2) Council member who represents the downtown area; two (2) members nominated by the Downtown Management District; one (1) member nominated by the Corpus Christi Beach Task Force; one (1) member nominated by the Uptown Neighborhood Initiative; two (2) members nominated by the Building Owners and Management Association; one (1) member nominated by the Corpus Christi Convention and Visitor's Bureau; two (2) members who shall represent downtown residential interests — one (1) member to be a resident where paid parking meters are collected and one (1) member to be an owner of residential living property in the City Center* Area; and one (1) member to represent the community at large. The City Manager, Police Chief, Parks and Recreation Director or their designees shall serve as non- voting advisor members. The Parking Control Manager or Supervisor shall serve as liaison to the Committee. Of the eleven members with voting power, the initial terms of six (6) members shall serve a two (2) year term, and five (5) members shall serve a three (3) year term as determined by a drawing to be conducted in the City Secretary's Office. Thereafter, all terms shall be three (3) years with terms expiring on July 31S of the applicable year. The Committee shall elect, from among its voting members at the first meeting, a member to serve as chairperson and a vice - chairperson, and who shall serve for a one -year term. Nominees: Ginny Price — District 2 Council Member nominee Jennifer M. Perales — Downtown Management District nominee Linda K. Sutton — Downtown Management District nominee Lynn Frazier — Corpus Christi Beach Taskforce nominee Darlene K. Gregory — Uptown Neighborhood Initiative nominee Ellen Blasingame — Building Owners and Management Association nominee Lawrence W. Virts - Building Owners and Management Association nominee Additional Positions to be filled: 1 — Resident where parking meters are collected 1 — At Large Positions to be postponed pending further applicant recruitment: 1 — Corpus Christi Convention and Visitors Bureau nominee 1 — Owner of residential living property in the City Center Area INDIVIDUALS EXPRESSING INTEREST: Ginny Price Vice - President, Branch Manager, Escrow Officer, Stewart Title Co. Activities include: Corpus Christi Rotary Club, Texas Land Title Assn., former Junior Achievement volunteer at GPISD, former Education Committee for San Patricio Assn. of Realtors. (District 2 Council member nominee) (4109113) Jennifer M. Perales Senior Accountant, Collier, Johnson & Woods, PC. Received BBA from St. Mary's University and MBA from Texas A &M University - Corpus Christi. Activities include: CPA member of TSCPA, board member Women's Shelter of South Texas. (Downtown Management District nominee) (6104112) Linda K. (Katie) Sutton Operations Manager, LAZ Parking. Holds BS degrees in Psychology and Sociology. Activities include: Church volunteer work. (Downtown Management District nominee) (5116112) Lynn Frazier CEO/President, Magnum Oil Tools International. Activities include Corpus Christi Beach Task Force. (Corpus Christi Beach Task Force nominee) (4116113) Darlene K. Gregory President, EMW Productions, LLC dba East Meets West Productions. Received a BS in Nursing, an MBA and Master's in Marketing. Activities include: Uptown Neighborhood Initiative, SBA's Corpus Christi Branch Office's Small Business Week nomination committee and recipient, community activist for revitalization of Corpus Christi, recipient of many ADDY, Film Festival and Publisher Magazine's awards. (Uptown Neighborhood Initiative nominee) (1131112) Ellen Blasingame Property Manager, Six Hundred Building, Ltd. Holds State of Texas Real Estate license, Insurance Sales license and Insurance Adjuster's license. Activities include: Sec. / Treas. of Building Owners & Management Assoc., Treas./Membership Committee for Cub Scout Pack 226. (Building Owners & Management Assoc. nominee) (9/07/11) Lawrence (Larry) W. Virts Property Manager, NAI REOC Partners, Frost Bank Plaza Building. Certified Property Manager designation, State of Texas Licensed Realtor. U.S. Navy Veteran Submariner. Activities include: Padre Island Business Assn., VP of the Corpus Christi Chapter of BOMA, 20 -year veteran Boy Scout leader, volunteers for charity events at Veterans of Foreign Wars. (Building Owners & Management Assoc. (BOMA) nominee) (9108111) Fay Crider Director of Continuous Improvement, Workforce Network, Inc. Activities include: Leadership Corpus Christi Alumni, Texas rep. on National Assn. for Workforce Development Professionals Assn., Social Committee for the Town Club, and Board of Trustees for First United Methodist Church. (Resident where parking meters are collected) (4109113) Richard S. Durham Retired. Former Founder /Owner. Worked in Financial Industry. Activities include: Buccaneer Commission, and Mustangs Spirit Center. (At Large) (4112113) Amy McCoy Event Manager, Buccaneer Commission. Received a BA in English from Trinity University in San Antonio. Activities include: Corpus Christi Education Foundation, Ray High School Baseball Booster Club, City & HEB's Fourth of July Committee, former National Little League, Junior League of Corpus Christi, Windsor Park Elementary PTA, and CCPD Athletic League. (At Large) (4110113) Monica Rawlings Self- Employed Professional Landman in the Oil & Gas Industry. Holds a Bachelor of Arts degree from Texas A &M University - Corpus Christi. Activities include: worked with City Park & Rec. Dept. in project to save Winrock Park in the Club Estates subdivision, St. James Episcopal School Halloween Carnival, member Friends of St. James (PTA). (At Large) (8/27/12) Cy AGENDA MEMORANDUM oPOa E O Future Item for the City Council Meeting of April 30, 2013 1852 Action Item for the City Council Meeting of May 14, 2013 DATE: April 30, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mike(_cctexas.com (361) 826 -3169 Michael Armstrong, Director of Municipal Information Systems i c ae I a r( cctexas . co (361) 826 -3740 Purchase of Enterprise Resource Planning System CAPTION Motion approving license, service, hosting, maintenance and professional services agreements with Infor (US), Inc., Alpharetta, GA, for an enterprise resource planning system for $5,922,196.16, of which $1,383,138.16 is required for the remainder of FY 2012 -2013; an additional project contingency of $749,718.87; and ongoing service, hosting and maintenance. The initial term of the service agreement is three years and the initial term of the hosting and maintenance agreements is one year; each will automatically renew annually thereafter upon payment of annual service, hosting and maintenance fees, respectively. The term of the professional services agreement will extend through project completion. Funds have been budgeted by the Municipal Information Systems Department in FY 2012 -2013. PURPOSE: The recommended vendor will provide the Enterprise Resource Planning system (ERP) that will replace the City's current PeopleSoft system. BACKGROUND AND FINDINGS The City's existing ERP system, PeopleSoft, was purchased in March of 1998 and has been in continuous use for the fifteen years since. Oracle Corporation, PeopleSoft's parent company, has announced that it will cease providing upgrades and support for its PeopleSoft products in 2015. As a result, the City needs to move to a different ERP system. Moreover, the City requires a more up -to -date ERP system that will provide greater functionality and more robust tracking and reporting capabilities providing for increased efficiencies by leveraging use of many new electronic processes and functions available from a more modern, integrated and technologically advanced ERP system. Thus, with assistance from its ERP system consultant, Plante & Moran, LLC, the City conducted an assessment of its business processes supported by PeopleSoft and developed and issued a Request for Proposal which ultimately resulted in this recommendation to purchase the City's new ERP system from the recommended vendor, Infor (US), Inc. ALTERNATIVES Not applicable OTHER CONSIDERATIONS The ERP system also includes a third -party tax software component to be purchased from Business Software, Inc., Norcross, GA, the license for which will be purchased through Infor (US), Inc., the cost of which is included in the $5,922,196.16 expenditure set out herein. City staff will administratively execute a one -year maintenance agreement directly with Business Software, Inc. in the amount of $12,708.00, which will automatically renew annually thereafter. 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 Municipal Information Systems Department FINANCIAL IMPACT x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years Line Item Budget $3,000,000.00 $4,031,909.83 Future Encumbrances $0.00 $1,394,259.44 This Item $1,605,740.56 $5,426,169.27 BALANCE $1,394,259.44 $0.00 Fund(s): Municipal Information System Fund Comments: "This Item" in the table above is comprised of current and future expenditures to which the City will be contractually obligated through FY2015 -2016 and which are necessary to purchase the ERP System and its related component software from the four recommended vendors listed below, each of which is described in its own agenda item. Infor (US), Inc. Emphasys Software MHC Software, Inc. PCI, LLC Current Year $1,383,138.16 $36,500.00 $68,292.40 $117,810.00 $1,605,740.56 Future Years $5,288,776.87 $69,100.00 $68,292.40 $0.00 $5,426,169.27 Totals $6,671,915.03 $105,600.00 $136,584.80 $117,810.00 $7,031,909.83 In Future Years, the agreements with Infor, to which the City will be contractually obligated, and the project contingency recommended herein total $5,288,776.87, calculated as follows: $5,922,196.16 Total Amount of Infor Agreements Recommended Herein ($1,383,138.16) Current Year Expenditures for Infor Agreements Recommended Herein $749,718.87 Project Contingency in Future Years $5,288,776.87 Total of Infor Agreements and Project Contingency in Future Years The "Line Item Budget" amount in future years will be requested during the normal budget approval process in the applicable future fiscal years. RECOMMENDATION Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS Evaluation Summary Master Contract City of Corpus Christi ERP Selection Summary 1. The City embarked on an eight -month process in August 2012 to select a new enterprise resource planning (ERP) solution to replace the existing legacy financial and human resource information systems (PeopleSoft). As a result, the City issued an RFP for a new ERP. 2. Proposals were received from three qualified vendors through an RFP process. Of the three, Infor and Tyler Technologies were selected as semi - finalists based on the following evaluation scoring by the City Selection Committee: Functional Requirements 30 24.43 18.00 19.71 10.67 14.67 Technical Requirements General Vendor Requirements 10 8.71 . :. 7.43 3. The City then conducted due diligence of the two semi - finalist vendors, Infor and Tyler Technologies, using the following methods and tools: a. Vendor demonstrations b. Reference checking c. Best and final offer (BAFO) 4. As a result of due diligence, Infor was chosen as the preferred vendor based on: a. Infor's overall software demonstration was scored higher in 17 of 24 areas by City staff; especially in areas deemed highly critical such as activity -based budgeting. b. Generally, references for both Infor and Tyler were positive and suggested that both vendors have the capability to deliver their respective solutions. c. 10 -year total cost of ownership (TCO) comparison was in favor of Infor; Infor's 10- year TCO was 22% lower than Tyler's based on the BAFO. Cy AGENDA MEMORANDUM oPOa E O Future Item for the City Council Meeting of April 30, 2013 1852 Action Item for the City Council Meeting of May 14, 2013 DATE: April 30, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb cctexas.com (361) 826 -3169 Michael Armstrong, Director of Municipal Information Systems micaelar cctexas.com (361) 826 -3740 Purchase of Component Software for Enterprise Resource Planning System CAPTION Motion approving software license, service and maintenance agreements with Emphasys Software, Emeryville, CA for treasury management software for $105,600.00, of which $36,500.00 is required for the remainder of FY 2012 -2013; and ongoing service and maintenance. The initial term of the service and maintenance agreements is one year and each will automatically renew annually thereafter upon payment of annual service and maintenance fees. Funds have been budgeted by the Municipal Information Systems Department in FY 2012 -2013. PURPOSE: Emphasys Software will provide SymPro Treasury Management Software which is necessary to manage the City's debts and investments. BACKGROUND AND FINDINGS To provide the functionality in the Enterprise the City's debts and investments, Infor (US), Management Software. This software is a System. Resource Planning system necessary to manage Inc. has proposed Emphasys' SymPro Treasury n integral component of the recommended ERP ALTERNATIVES Not applicable OTHER CONSIDERATIONS Not applicable CONFORMITY TO CITY POLICY This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON - EMERGENCY Non - emergency DEPARTMENTAL CLEARANCES Municipal Information Systems Department FINANCIAL IMPACT x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years Line Item Budget $36,500.00 $3,000,000.00 $4,031,909.83 Future Encumbrances $68,292.40 $0.00 $1,394,259.44 This Item $117,810.00 $1,605,740.56 $5,426,169.27 BALANCE $1,605,740.56 $1,394,259.44 $0.00 Fund(s): Municipal Information System Fund Comments: "This Item" in the table above is comprised of current and future expenditures to which the City will be contractually obligated through FY2015 -2016 and which are necessary to purchase the ERP System and its related component software from the four recommended vendors listed below, each of which is described in its own agenda item. Current Year Future Years Totals Infor (US), Inc. $1,383,138.16 $5,288,776.87 $6,671,915.03 Emphasys Software $36,500.00 $69,100.00 $105,600.00 MHC Software, Inc. $68,292.40 $68,292.40 $136,584.80 PCI, LLC $117,810.00 $0.00 $117,810.00 $1,605,740.56 $5,426,169.27 $7,031,909.83 The "Line Item Budget" amount in future years will be requested during the normal budget approval process in the applicable future fiscal years. RECOMMENDATION Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS Software License & Service Agreement EMPHASYS SOFTWARE LICENSE AND SERVICE AGREEMENT This Emphases Software License and Service Agreement ( "Agreement ") is entered into effective the day of , 2013 ( " Effective Date ") by and between Emphasy s. Software (parent company of SymPro Inc.) a Michigan corporation, with its principal place of business located at: 2200 Powell Street, Suite 1170, Emeryville, CA 94608 ( " Lmphasyrs "), and City of Corpus Christi, TX, a "Texas municipality, with its principal place of business located at: 1201 Leopard St., Corpus Christi, TX 7$401 ( "Licensee "). RECI "T'ALS A. Ernphasys designs, develops and licenses a proprietary computer software solution known as the SyimPro Treasury Management Software. B. Licensee desires to obtain a personal, nontransferable, non - exclusive limited right and license to use such software and related documentation and services for Licensee's own internal business purposes only and Emphases is willing to grant such a license on the terms and subject to the conditions of this Agreement. THERE FORE, in consideration for the fees to be paid by Iicensee hereunder and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree: 1. Certain Definitions As used in this Agreement, the following terms shall have the following definitions: A. "Annual Maintenance and Support Plan" or "Plan" shall mean the then - current support services Licensee elects to purchase from Emphases. The Annual Maintenance and Support Plan as of the Effective Date is summarized in the attached Exhibit B. Emphases may change the support services it offers with a 60 day written notice to Licensee regarding changes that will be effective Nvith the next Annual Support and Maintenance renewal date. B. " Authorized Users shall mean Licensee and its employees and no other persons or entities; the number of which is stated in the attached Exhibit A and which may be changed by amendment to the attached Exhibit A or authorized purchase order issued by Licensee and accepted by Emphases. C. " Designated Equipment shall mean a single Intel based computer or a network file server on which. Licensee uses the Software pursuant to this Agreement and which is more fully described in the attached Exhibit A. D. " Designated ;Site shall mean the location at which the Designated Equipment and Licensed Products are located during the germ of this .Agreement as identified on Exhibit A to this Agreement or such other location as may be expressly approved in writing by Emphases. E. " Documentation " shall mean all user /operation manuals, Emphasys response to Licensee specifications as provided in Exhibit 1 attached hereto and other materials or information describing the Software, as hereinafter defined, its performance characteristics, technical features and other relevant information reasonably required for use of the Software, including all phy sical media upon which the materials or information are provided. F� " Licensed Products shall mean the Software and the Documentation. G. " Software " shall mean that certain Emphasys proprietary computer software solution known as SymPro Treasury Management Software, in machine readable, object code form, as listed on Exhibit A, and any modules, bug fixes, modifications, enhancements and other SymPro or third party software provided to and licensed hereunder by Emphasys to the Licensee during the Term. Fl. " Final Acceptance means the successful execution of Licensee acceptance testing in accordance with Licensee specifications as provided in Exhibit 1 and other acceptance criteria as jointly agreed to by both parties. Final acceptance is further defined in the Statement of Work per the Master Contract between Infor and City of Corpus Christi. 2. Software License A. License Grant Subject to the terms of this Agreement, Emphasys hereb grants to Licensee, and Licensee accepts, a limited, personal, non - transferable and nonexclusive perpetual license to use the Licensed Products solely for Licensee's own internal business purposes and solely on the Designated Equipment located at the Designated Site by the number of Authorized Users stated in the attached Exhibit A or such Authorized Users added during the Term. Licensee shall be permitted to make one copy of the Software for backup and archival purposes only. Each co1y must reproduce all copyright and other proprietary notices. B. Warranty of Ownership Emphasys warrants to Licensee (and no other person or entity) that it is the author and owner or proper Licensee of the Licensed Products and has the right to enter into this Agreement. C. Emphasys Retains Title. Licensee acknowledges that Emphasys and its licensors retain title to the Licensed Products, all copyrights, trade secrets and other intellectual property rights licensed to Licensee even if Licensee's suggestions are incorporated into subsequent versions of the Software.. The Licensed Products constitute a trade secret and are confidential to Emphasys. D. No Ownership Rights Other than the limited right of use of the Licensed Products described in this Agreement, Licensee neither shall have nor shall it acquire any right, title or interest in or to any of the Licensed Products or in any intellectual or proprietary rights represented thereby. E. License Restrictions, Licensee agrees that it will not modify, decompile, disassemble, translate or reverse engineer the Software, in whole or in part. Except as expressl stated, this Agreement does not include an rights to use, disclose, sublicense, or otherwise transfer the Software, Documentation, or other proprietary information of Emphasys. Licensed Products shall not be used to process data except for Licensee's internal purposes. F. Licensee shall itrmediately notify Emphasys in writing of any actual or suspected breach of this Agreement, including, without limitation, its terms limiting use. C. audit Upon 10 business days prior written request, Emphasys may audit and examine such records at Licensee's offices during normal business hours, solely for the purpose of conforming the accuracy of all amounts due and paid hereunder, no more than once a calendar year, In the event that an audit reveals an overpayment by Licensee, Emphasys will credit Licensee's account for such overpaid amount. In the event that such audit reveals an underpayment by Licensee, I..icensee agrees to pay Emphasys the amount of such underpayment within 20 days from Emphasys' written notice. 3. Delivery of Licensed Products Software will be hosted by and integrated with the enterprise resource planning; solution provided by lnfor ( "the ERP "). As such, Emphasys agrees to cooperate with Infor in developing, testing and implementing required interfaces as defined in the Infor Statement of Work and hosting services to ensure the interoperability between Software and the ERP, Specifically, Emphasys must be available to Infor to answer questions and provide installation and guidance during the initial setup phase. Software may be delivered to Infor by CD or by remote telecommunications from Emphasys' place of business unless the parties agree in writing to an alternative method of delivery. Emphasys is not responsible for installing the Software unless Emphasys is specifically contracted to perform installation and training services by Infor. Fees and Payment A. License Fee Licensee shall pay the then current fees for the Licensed Products ( "License Fees'). Licensee will remit payment for the Licensed Products within 30 days of Emphasys' invoice. P. Annual Maintenance and Support Plan. If Licensee elects to purchase services under the Annual Maintenance and Support Plan, Licensee shall pay the then current annual service fees within 30 days of Emphasys' invoice. Emphasys may adjust the services fees for Licensed Products added in any annual period starting in the third subsequent year. Maintenance increases are capped at 3% per year starting in year three. C. Payments All payments (i) shall be trade by bank check. or Licensee's check or wire transfer of immediately available funds and (ii) shall be due and payable to Emphasys (or Emphasys' assignee) in U.S. Dollars, at Emphasys' address as stated above, or such other places as Emphasys may from time to tirne designate in writing. All payments shall be made without offset or deduction of any nature whatsoever and are nonrefundable except as expressly stated. Licensee shall pay all applicable federal, state and local sales, use, excise, transportation, occupational or similar taxes or assessments, customs or duties. 5. Warran A. Emphasys warrants that: (i) Software will perform in accordance with Emphasys' standard specifications stated in its Documentation for a period of 90 days from Final Acceptance of the Software (exclusive of hug fixes, modifications or enhancements provided during the warranty period or under the Annual Maintenance and Support Plan); and, (ii) Services provided tinder the Plan will be performed in a professional and workmanlike manner, including cooperation with Infor in the development of integration to. the extent of the Infor Statement of Work, and bug fixes, modifications, enhancements provided under the flan will perform in accordance with Emphasys' standard specifications. In addition, Emphasys warrants that the Software will meet City's requirements as identified in the City's Request for Proposals, Bid No. RFP Bl- 0029 -12 for air Enterprise Resource Planning System, as amended, which is incorporated by reference, and attached as Exhibit 1. EXCEPT FOR THE WARRANTIES STATED ABOVE, EMPHASYS AND ITS LICENSORS MAKE NO OTHER WARRAN'T"IES, WRIT'T'EN OR ORAL, WHETHER EXPRESS OR IMPLIED. EMPHASYS AND I'T "S LICENSORS EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, TITLE AND NON- INFRINGE MENT, ,Fat warranty suppott, Licensee sliould contact, Teclin cal Support at telephone nirrnbet 510 655 09'00. B. Licensed Products are of a complex nature resulting in operations that may be interrupted or errors that may be encountered. Emphasys sole obligation and Licensee's sole remedy under this warranty is for Emphasys, at its option, to provide such services, bug fixes or other modifications it deems appropriate, provide a functional equivalent or reperforrn services, if: (i) Etriphasys receives proper notice of any claimed Software defect during the warranty period or a claim of defective services or Software under the Plan within 10 business days of the related occurrence, Proper notice includes copies of the data, reports and written procedures documenting the claim. And, (ii) the Licensee is otherwise in compliance with this Agreement and using the current version of the Software in accordance with Emphasys' standard specifications. In the event that it is not commercially reasonable and technically feasible to perform either (A) or (B), then Emphysys may elect to (C) refund to Licensee (1) the unused portion of the Subscription Services fee, if any, paid to Emphysys for the Software giving rise to the infringement claim and discontinue Licensee's use of such Software, and /or (2) the portion of the license fee paid to Emphysys less a charge for use by Licensee based on straight line depreciation assuming a useful life of five (5) years, provided that I.,icensee has returned or destroyed and discontinued its use of such software C. Further Limitations The limited warranties provided in this Section 5, as limited by other provisions of this Agreement, are non - transferable by Licensee except as set forth below and shall immediately become void in the event of any unauthorized use, modification or repair of the Licensed Products or any part thereof or upon breach by Licennsee of any provision of this Agreement which remains uncured after notice and 30 days opportunity to cure. Except as otherwise may be provided in any technical support and maintenance agreement between the patties, Licensee shall pay, at Emphasys' then current rates, for services performed by Emphasys to correct problems or defects not covered by warranty, including, without limitation, those traceable to Licensee's errors. D. Licensee shall pay, at Emphasys' then current rates, for services performed by Emphasys to 4 address any Problems or defects not covered by warranty or the Plan, including, without lirnitation, those traceable to Licensee's errors. All such services will be provided to a specific proposal outlining the scope of work, time and material rates and delivery schedules. 6� Indemnificatioci, A. Emphasys hereby agrees to indemnify Licensee against any damages finally awarded against Licensee in connection with a claim that the Licensed Products directly infringe a United States copyright or patent or other intellectual property rights, provided that: (i) Licensee notifies Emphasys in writing within 30 days of the claim; (ii) Emphasys has sole control of the defense and all related settlement negotiations; and (iii) Licensee provides Emphasys with the required assistance, information and authority. Emphasys shall have no liability for any claim of infringement arising from: (a) any unauthorized use, alteration or modification of the Software including use of the Software in conjunction with products not provided by Emphasys; or, (b) use of a superseded or altered release of the Software if the infringement would have been avoided by the use of a current unaltered release of the Licensed Products, B. If the Licensed Products are held or are believed by Emphasys to infringe, Emphasys shall have the option, at its experise, to: (i) modify the Licensed Products to be non infringing; or, (u) obtain for Licensee a license to continue using the Licensed Products. If it is not commercially reasonable to perform either of the above options, then Emphasys may terminate the license for the infringing Licensed Products and refund any unused License Fees or Annual 1\4aintenance and Support Plan fees paid for the affected Licensed Products. Licensee shall discontinue use of the Software. C. The provisions of this Section 6 state each Party's entire obligation and liability with respect to the infringement of any property right based on the use of the Licensed Products. 7. LIMITATION OF LIABILITY. To the extent a claim arises under warranty, the remedy stated in Section 5 applies. To the extent a claim arises under indemnification, the remedy stated in Section G applies. AS TO ALL OTHER CLAIMS, LICENSEE ACKNOWLEDGES THAT POTENTIAL DAMAGES IN ANY PROCEEDING WOULD BE DIFFICULT TO MEASURE WITH CERTAINTY AND THE PARTIES EXPRESSLY AGREE THAT AS A FAIR ASSESSMENT O1 POTENTIAL DAMAGES, EMPHASYS AND ITS LICENSOR'S LIABILITY UNDER TIIIS AGREEMENT, REGARDLESS OF FORM OF ACTION, PROCEEDING OR THEORY OF RECOVE RY, SHALL NOT EXCEED 1.2 TIMES THE CONTRACT VALUE WHICH ARE DIRECTLY RELATED TO THE CLAIM. REGARDLESS OF THE FORM OF ACTION, PROCEEDING, OR THEORY OF RECOVERY, NEITHER EMPHASYS NOR ITS LICENSORS SHALL IN ANY 11IANNER BE LIABLE FOR ANY LOST" PROFITS, LOST SAVINGS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY SUCH DAMAGES ASSESSED AGAINST OR PAID BY LICENSEE TO ANY TTIIRD PARTY, ARISING OUT OF THE USE, INABILITY 'FO USE, QUALITY OR PERFORMANCE OF THE LICENSED PRODUCTS PROVIDED, EVEN III EMPHASYS HAS BEEN ADVISED OF HE POSSIBILITY OF SUCH DAMAGES. 5 Term and Termination. A, Term. This Agreement is for a perpetual license and shall continue until tertninated by either party ("Term") under the following conditions, B. Termination. (i) Em - )hasys' Right,of Termination. Emphasys may terminate this Agreement after 30 days prior written notice for Licensee's failure to pay any amounts due (including any additional License Fees or service fees resulting from legal changes expanding Licensee's rights of use). (ii) Licensee's Right of Termination. Licensee may terminate this Agreement Without cause upon 60 days prior written notice prior to the anniversary date of this Agreement. (iii) Either Party's Right to Termination. Either party may terminate this Agreement, (a) upon 30 days' prior written notice for the other party's failure to cure any other material breach of this Agreement; (b) immediately upon: (1) termination or suspension of Licensee's business, (11) insolvency or Filing of a voluntary or involuntary petition in bankruptcy, which petition is not dismissed within 30 calendar days of filing, (111) appointment of a receiver, assignee or other liquidating officer for all or substantially all of the Licensee's assets or (IV) an assignment for the benefit of creditors, C. Termination of Maintenance and Support Plan, Either party may terminate the Plan upon 60 days written notice before the anniversary date of this Agreement. D, Effect of Termination, Except for termination of the Plan, Licensee shall cease use of the Licensed Products upon termination of this Agreement and shall provide a written certification to Emphasys of removal of all copies of the Soffivare from its system and destruction of all copies of Software and Documentation except that required for archival purposes. Termination of the Plan shall not result in termination of this Agreement unless otherwise specified. Termination of this Agreement shall not relieve Licensee of its obligation to pay for any fees nor result in the refund of any fees paid. Upon tern-iination or expiration of this Agreement, provided that Licensee has paid Emphasys all amounts due under this Agreement, performed all obligations required to be performed by Licensee, and is not in material breach of this Agreement, Emphasys shall promptly assist Licensee with the provision of all Licensee data then hosted by Infor and Emphasys to Licensee as a native database export. Emphasys shall be paid all applicable charges for services rendered through final termination of this Agreement and shall be reimbursed its reasonable out-of-pocket costs and expenses incurred in providing such termination assistance. General. A. In Ounctive Relief. Licensee's breach of any obligation under this Agreement regarding the use, duplication, modification, transfer or confidentiality of the Licensed Products shall entitle fEmphasys to injunctive, specific performance or other equitable relief, all without need of bond or undertaking of any nature, Licensee specifically acknowledging that Ernphasys' ren-iedies at law under such circumstances would be inadequate. P. Assignment This Agreement shall not be assignable by either party and neither party may delegate its duties hereunder without the prior written consent of the other party. Any attempt by a party to assign any of its rights or delegate any of its duties hereunder without the prior written consent the other party shall be null and void and shall result in immediate termination of this Agreement under its terms and conditions. Notwithstanding the foregoing, either party may assign its rights or delegate its duties under this Agreement without written consent of the other party in the event that this agreement is assigned to a successor, parent, or subsidiary of such party, or in the event of an acquisition, merger, or sale of the majority of the relevant assets or shares of either party. C. Governing Law and Venue This Agreement is governed by the laws of Texas. Venue lies in the state and federal courts located in Nucces County, Texas. D. Sevetabili4l. If a provision is declared invalid, the remainder of the .Agreement will continue in full force and effect. The offending provision shall be interpreted to whatever extent possible to give effect to its stated intent. E. Waiver. failure to require performance of any provision or waiver of a breach of a provision does not waive a party's right to subsequently required full and proper performance of that provision. F. Entire Agreement This Agreement represents the entire agreement on this subject ratter excluding all prior agreements, representations, statements, negotiations, and understandings and provisions in any Orders issued hereunder unless the parties consent in writing. This Agreement may be modified only by a written agreement signed by a party's authorized representative. G. Conflict Should any Exhibit conflict with this Agreement, the Exhibit shall control. Iq. Notices All notices and demands hereunder shall be in writing and shall be served by personal service or by mail at the address of the receiving party stated below (or at such different address as may be designated by such party b written notice to the other party) and shall be deemed complete upon receipt. I. Independent Each party is acting as an independent contractor and not as an agent, partner, or joint venturer with the other party for any purpose. J. Compliance with all Applicable Laws. E - ort. At all times, each party will adhere to all applicable state, federal and local laws and regulations in the conduct of its business, installation and use of the Software and maintain the proper insurances as are customary in the business. Licensee shall comply with all applicable export and import control laws and regulations in its use of the Software and, in particular, Licensee shall not export or re- export the Software without all required United States and foreign government licenses. K. force Maieure Except for the payment of any amounts due, performance will he suspended for force majeure upon written notice and may he terminated if such event continues for more than 30 days. L. Survival sections 2(C), (D) and (G), 4 through 7, inclusive, 8(D), and 9 shall survive any termination or expiration of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreetnnent as of the Effective Date. Emphasys Software, a Michigan corporation 13 v: City of Corpus Christi, Texas ( "Licensee ") Naive: Michael Byrne Title: President and CEO Address: 2200 Powell Street, Suite 1170 Emeryville, California 94608 Tel. No. 510 655 0900 Fax: 510 - 655 -4064 (Authorized Representative) Print Name: Title:. Address: City of Corpus Christi Attn: Director of Municipal Information Services P, 0. Box 9277 Corpus Christi, Texas 78469 -9277 Fax: (361) 826 -3239 Tel: (361) 826 -3740 M Exhibit A to EMPHASYS SOFTWARE LICENSE AND SERVICE AGREEMEN'r By and Between Emphasys Software, and City of Corpus Christi, TX, Licensee Effective Date Designated Equipment: Workstations: Intel Pentium type personal computer or equivalent; 32 bit operating system; minimum speed lGhz; all current Windows operating systems that are Windows 2000 or more current; minimum 1 GB RAM; 200 MB of storage, Networking: Novel] or Microsoft Windows Server, Hard drive storage: Minimum 200 MB for soft 100 MB for portfolio data, depending on size and type of portfolio(s); 1 GB of RAM; 2 Ghz processor speed or higher. Licensee's Installation: Installation is on a network server. For equipment or operating systems not named in this section, contact SymPro for cornpatibilit� information. 2. Designated Site; 1201 Leopard Street 4"' Floor, City Hall Corpus Christi, TX 78401 Software and Documentation: Fixed Income Earning Allocation Module General Ledger Module Creation of journal E ntries Interface to Lawson GL system Debt Manager General Ledger Interface Cash Management Bank Polling (Bank transaction importing) —1 Bank Cash Position Worksheet Import/Export Manager Forecasting Funds Transfer Module — ACH/Wires/Book — I Bank "Market Pricing Module interfaces to 3- party pricing service, 171' Interactive Data. Ff Interactive Data pricing recloires an independent service agreement and charges i n fee of $95/rno for any month in which you price. This fee will price approximately 200 positions. 4. Authorized Users: Network installation with non- concurrent access and support. for 1- 3 Authorized Users, 5, License and Service Fees:. a. License and Service Tees Totat Soft\vare License Fee $73,000 1" }n support and maintenance $14,600 :ash Management — ASP (Annual Fee) $18,000 TOTAL $105,600 G. moment Schedule: 50% of License fees will be invoiced upon execution of this agreement, 25% after software installation, and the remaining License fees will be invoiced 30 dad =s after final Acceptance of the Software.. Annual Maintenance and Support for year one will be invoiced upon final Acceptance. Professional service fees and training will be invoiced by Infor. fG Exhibit B to E PHASYS SOffWARE LICENSE AND SERVICE AGREEMENT By and Between Emphas Software and City of Corpus Christi, TX Licensee l:ffecttve Date Annual Support and Maintenance Plan The following SymPro Support and Maintenance Plan applies as of the Effective Date. Emphasys reserves the right to change this Plan at any time, with 60 dales written notice. All changes will be posted at its website: Nvvvw.syi jrl �o.com and will become effective as of the next Renewal Term. However„ any Support and Maintenance Plan will include at least the following essential elements: Priority service from technical support and client service representatives Free SymPro version corrections and enhancements released in the license and service term Free shipment of Software and documentation Access to the SymPro Internet Site for Support (NvNvNv.sympro.com) Unlinvted tpl� phone technical su121)ort in the following areas: Loading and configuring of SymPro Software Operational Questions, including standard SymPro reports Data entry support for all debt and investment types supported within SymPro, including: Debt Serial Bonds Term Bonds Discount Bonds Variable Date Coupon Commercial Paper Commercial Paper Discount Medium Term Notes Investments Certificates of Deposits Negotiable Certificates of Deposits Checking Accounts Commercial Paper Commercial Paper Discount United States Treasury Issues, Coupon & Discount Federal Agency Issues, Coupon & Discount Rolling Repurchase Agreements GNN4A, Pass. Through Bankers Acceptances Corporate Bonds Medium Term Notes Tele- consultation is provided during normal business hours (6:30AN4 TO 5:001'M - Pacific T ime), Monday through Friday for questions dealing with the operations of the Licensed Software on Designated Equipment. Support issues may be reported via voicemail (510 -655 -0900 Selection 2), fax (510 - 655 - 4064), or email (support c)syrnpro.com ), 24 hours a day. Answers to "Frequently Asked Questions" are available at ww 24 hours a day. The resolution of some issues may require that I.,icensee provide Emphasys with a copy of Licensee's data. Licensee agrees to provide Emphasys with a copy of their data for the purpose of resolving Licensee's issue and Emphasys agrees to maintain full confidentiality of any required data and will use it only for the resolution of the Licensee's issue. Not Included: Consulting on issues concerning investment accounting matters, specific financial or investment matters, research on investments not supported within the Licensed Software, or data entry for investments not supported in the Licensed Software system are not included. Cy AGENDA MEMORANDUM oPOa E O Future Item for the City Council Meeting of April 30, 2013 1852 Action Item for the City Council Meeting of May 14, 2013 DATE: April 30, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mike(_cctexas.com (361) 826 -3169 Michael Armstrong, Director of Municipal Information Systems i c ae I a r( cctexas . co (361) 826 -3740 Purchase of Component Software for Enterprise Resource Planning System CAPTION Motion approving a software license and maintenance agreement with MHC Software, Inc., Burnsville, MN, for document generating software for $136,584.80, of which $68,292.40 is required for the remainder of FY 2012 -2013; and ongoing maintenance. The initial term of the maintenance agreement is two years and will automatically renew annually thereafter upon payment of annual maintenance fees. Funds have been budgeted by the Municipal Information Systems Department in FY 2012 -2013. PURPOSE: MHC Software's (MHC) document generating payroll and tax document requirements. software is necessary to manage the City's BACKGROUND AND FINDINGS To provide the functionality in the Enterprise Resource Planning system necessary to manage the City's payroll and tax document requirements, Infor (US), Inc. has proposed MHC's document management software. This software is an integral component of the recommended ERP System. ALTERNATIVES Not applicable OTHER CONSIDERATIONS Not applicable CONFORMITY TO CITY POLICY This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON - EMERGENCY Non - emergency DEPARTMENTAL CLEARANCES Municipal Information Systems Department FINANCIAL IMPACT x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years Line Item Budget $3,000,000.00 $4,031,909.83 Future Encumbrances $0.00 $1,394,259.44 This Item $1,605,740.56 $5,426,169.27 BALANCE $1,394,259.44 $0.00 Fund(s): Municipal Information System Fund Comments: "This Item" in the table above is comprised of current and future expenditures to which the City will be contractually obligated through FY2015 -2016 and which are necessary to purchase the ERP System and its related component software from the four recommended vendors listed below, each of which is described in its own agenda item. Current Year Future Years Totals Infor (US), Inc. $1,383,138.16 $5,288,776.87 $6,671,915.03 Emphasys Software $36,500.00 $69,100.00 $105,600.00 MHC Software, Inc. $68,292.40 $68,292.40 $136,584.80 PCI, LLC $117,810.00 $0.00 $117,810.00 $1,605,740.56 $5,426,169.27 $7,031,909.83 The "Line Item Budget" amount in future years will be requested during the normal budget approval process in the applicable future fiscal years. RECOMMENDATION Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS Software License & Maintenance Agreement SOFTWARE LICENSE AGREEMENT This Software License Agreement ( "Agreement ") is entered into between MHC Software, Inc., 11900 Portland Avenue South, Burnsville, MN 55337 ( "MHC ") and City of Corpus Christi, 1201 Leopard Street, Corpus Christi, TX, 78401 -2825 ( "Customer "). 1. Definitions. Software. The term "Software" shall mean the computer program in object code only and the respective user manuals described in the specifications set forth in Exhibit A, which is incorporated by reference into this Agreement. The term "Software" includes any corrections, bug fixes, enhancements, updates or other modifications, including custom modifications, to such computer program and user manuals. License Effective Date. This Agreement and the license granted hereunder shall take effect upon the date that the last party executes this Agreement. 2. License. MHC grants to the Customer, pursuant to the terms and conditions herein, a perpetual, nonexclusive, nontransferable license to use the Software. Restrictions on Use. Customer agrees to use the Software only for Customer's own business. Customer shall not (i) permit any parent, subsidiaries, affiliated entities or third parties to use the Software, (ii) process or permit to be processed the data of any other party, (iii) use the Software in the operation of a service bureau, or (iv) allow access to the Software through any terminals located outside of Customer's Site. Copies. Customer, solely to enable it to use the Software, may make one archival copy of the Software's computer program, provided that the copy shall include MHC's copyright and any other proprietary notices. The Software delivered by MHC to Customer and the archival copy shall be stored at Customer's Site. Customer shall have no other right to copy, in whole or in part, the Software. Any copy of the Software made by Customer is the exclusive property of MHC. Modifications, Reverse Engineering. Customer agrees that only MHC shall have the right to alter, maintain, enhance or otherwise modify the Software. Customer shall not disassemble, decompile or reverse engineer the Software's computer program. Material Terms and Conditions. Customer specifically agrees that each of the terms and conditions of this Section 2 are material and that failure of Customer to comply with these terms and conditions shall constitute sufficient cause for MHC to terminate this Agreement. The presence of this Section 2 shall not be relevant in determining the materiality of any other provision or breach of this Agreement by either party. Page I of 16 3. Intellectual Property Rights. All intellectual property rights in the Software and user documentation are owned by MHC are protected by United States and Canadian intellectual property laws (including patent, trademark and copyrights laws), other applicable intellectual property laws, and international treaty provisions. MHC retains all rights not expressly granted. Indemnification MHC shall indemnify and hold Customer harmless from and against any claim of infringement of a United States patent or copyright based upon the Software, provided Customer gives MHC prompt notice of and opportunity to defend any such claim. MHC shall have the right to settle the claim or at MHC option, provide Customer (i) a paid -up license; (ii) substitute, functionally equivalent software; or (iii) a refund of a pro rata portion of the license fee paid for the software based on a deemed license term of one (1) year. MHC will not provide indemnification if the Customer modifies the software or uses the software in a manner that does not comply with this Agreement. 4. Limited Warranty. For 180 days from the date of purchase ,MHC warrants that (i) the Software will substantially conform to the applicable user documentation, (ii) the Software will substantially conform to MHC's response to relevant components of Customer's RFP which are hereby incorporated by reference as Exhibit D and (iii) that the magnetic media on which the Software is distributed and the user documentation (if any) are free from defects in materials and workmanship. MHC will, at its option, refund the amount you paid for the Software or provide you with corrected items at no charge provided that the defective item(s) is returned to MHC within 180 days from the date of purchase. Any misuse or unauthorized modification of the Software will void this limited warranty. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, MHC MAKES NO WARRANTY, REPRESENTATION, PROMISE, OR GUARANTEE, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, USER DOCUMENTATION OR RELATED TECHNICAL SUPPORT, INCLUDING THEIR QUALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY WITH RESPECT TO THE QUALITY, ACCURACY, FREEDOM FROM ERROR OF THE OPERATION, USE AND FUNCTION OF THE SOFTWARE. The warranty and remedies set forth herein are exclusive and in lieu of all others, oral or written, express or implied. No MHC dealer, distributor, agent or employee is authorized to make any modification or addition to this warranty. This warranty gives you specific legal rights, and you may also have other rights, which vary from state to state. 5. Limitation of Liability. In no event will MHC be liable for indirect, special, incidental, tort, economic, cover or consequential damages arising out of the use of or inability to use MHC products or services, including, without limitation, damages or costs relating to the loss of profits, business, goodwill, or computer programs even if advised of the possibility of such damages. In no case shall MHCs' liability for money damages exceed five times the amount paid by you for the Software out of which Page 2 of 16 such claim arose. The foregoing limitations shall not apply to claims relating to death or personal injury which arise out of products deemed to be consumer goods under applicable law or intentional misconduct. No action or claim relating to this Agreement may be instituted more than four years after the event - giving rise to such action or claim. 6. Maintenance and Future Improvements. The software purchase and subsequent maintenance subscription entitles the Customer to the following maintenance services: MHC Software upgrades, continuing compatibility with ERP Applications, forms design and interface changes required by an ERP Software upgrade, and customer service and technical support. Upon the signing of this Agreement, Customer and MHC have entered into the following Maintenance Agreement: commencing 180 days from the purchase date and continuing for a term of two years thereafter, Customer will receive all maintenance, support and future improvements to the Software. Customer agrees to pay an annual fee equal to 18% of the current list price at the time the maintenance fee is due as specified in Exhibit B. Annual payments will commence 180 days after the purchase date and continue for a period of two years. At the end of the first two year term, the Maintenance Agreement shall automatically renew for a successive one year terms unless thirty days written notice is given by either party to the other in advance of the expiration of a one year term. There will be no increase in the annual fee for a period of three (3) years from the date of the initial payment. In no event will any increase exceed three (3) percent for any one year. The Maintenance Agreement also entitles the Customer to ongoing customer service and technical support while the maintenance contract is in effect. MHC shall provide telephone support during the hours of 8:00 am to 5:00pm Central Time, Monday through Friday, exclusive of national holidays. a. Support window of 8:00am to 5:00pm Central Standard Time Support. b. During crucial processing times, the Customer Support Team will make a member available for after hours calls. Examples of these situations include a first live run using the software or a special payroll run. Any special hours must be schedule ahead of time with a customer support team member. C. Response times to support calls are handled within four hours; however, knowing the crucial nature of printing checks, calls are usually handled much faster. d. Emergency situations can be handled with a paging option this is for emergency calls during normal support hours. All calls are routed through the MHC Customer Service Team. The service team will escalate the calls if necessary getting a technical staff member involved to help with trouble shooting or programming changes. The Maintenance Agreement does not include additional Custom Programming Services not licensed for under this Agreement, on -site support or training, and hardware or related supplies. Costs for onsite implementation and training are included in Exhibit C. Page 3 of 16 MHC reserves the right to terminate the Maintenance Agreement if the Customer is over 30 days delinquent on payment of goods or services to MHC. In the event of any conflict between the terms and conditions of this Agreement and the terms and conditions of any purchase order, the terms and conditions of this Agreement shall control. 7. Services. Implementation Services. Software will be hosted by and integrated with the enterprise resource planning solution provided by Infor ( "the ERP "). As such, MHC agrees to cooperate with Infor in developing, testing and implementing required interfaces as defined in the Infor Statement of Work and hosting services to ensure the interoperability between Software and the ERP. Specifically, MHC must be available to Infor to answer questions and provide installation and guidance during the initial setup phase. Software may be delivered to Infor by CD or by remote telecommunications from MHC's place of business unless the parties agree in writing to an alternative method of delivery. Post - Implementation Services. For Customers who choose to make technological platform changes or resource support changes post - implementation (i.e., after 30 days of MHC software use in a production environment), MHC will support the additional effort required to complete the changes on a time and materials basis, based on a to -be- estimated amount of hours at the current MHC billable rate. 8. General Provisions. Complete Agreement. The parties agree that this Agreement and all incorporated Exhibits, is the complete and exclusive statement of the agreement between the parties, which supersedes and merges all prior proposals, understandings and all other agreements, oral or written, between the parties relating to this Agreement. Amendment. This Agreement may not be modified, altered or amended except by written instrument duly executed by both parties. Additional software products or licenses may be purchased through an amendment to this Agreement. Waiver. The waiver or failure of either party to exercise in any respect any right provided for in this Agreement shall not be deemed a waiver of any further right under this Agreement. Corporate Authority. Each individual executing this Agreement on behalf of any corporation or other entity, which is a party to this Agreement, represents and warrants that he or she is duly authorized to execute and deliver this Agreement on behalf of said entity. Notices. All notices required or permitted to be given hereunder shall be in writing and may be personally served, or deposited in the United States mail registered or certified, return receipt requested, and postage prepaid. Mailings shall be addressed as follows: Page 4 of 16 MHC: MHC Software, Inc. Attn: Catherine Beattie 11900 Portland Avenue South Burnsville, MN 55337 Customer: City of Corpus Christi Attn: Director of Municipal Information Systems P. 0. Box 9277 Corpus Christi, Texas 78469 or to such other address as such party shall have specified most recently by written notice delivered in such manner. Mailed notice shall be deemed given on the third business day following the date mailed. Successors and Assigns. The Agreement shall be binding upon each of the parties, its successors and assigns. Except in the case of a merger or sale of all or substantially all of the assets of a party, this Agreement may not be assigned by either party except with prior written approval of the other party. Severability. If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed omitted. The remainder of the Agreement shall be valid and enforceable to the maximum extent possible. Counterpart and Fax Signatures. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument. This Agreement may also be signed and transmitted by facsimile or sent by email in PDF form, with such signature to be treated as an original and the document transmitted to be considered to have the same binding effect as an original signature on an original document. At the request of either party, any facsimile document or emailed PDF document will be re- executed in original form by the parties who signed the facsimile document. Terms and Conditions. This Software License Agreement is subject to the above provisions all of which are hereby agreed to by MHC and Customer. The customer will pay all sales and use taxes if any are applicable. In states that MHC does not collect sales tax, Customer agrees to pay any applicable use tax directly to the appropriate authority. Accepted for Customer: By: (Signature) Name: (Please type or print name) Accepted for MHC Name: Page 5 of 16 (Please type or print name) Title: Date: Title: l fzi� (MHC Software, Inc.) Date: I qt I I/ 3 Page 6 of 16 Exhibit A to Software license Agreement Dated as of License Fee and Payment Schedule Exhibit A to the Software License Agreement between MHC Software, Inc., 11900 Portland Avenue South, Burnsville, MN 55337 ( "MHC') and City of Corpus Christi, 1201 Leopard Street, Corpus Christi, TX, 78401 -2825 ( "Customer "). Licensing for the Document Express System is based on Seat and Site as defined below. Each main product (Document Express Payroll, Document Express Accounts Payable, and Document Express Forms) in this Exhibit lists the allowed licensing. Any additional modules are licensed in the same manner as the main product. Standalone Computer Use A "Seat" (hereinafter Seat) is defined as a copy of the Software being loaded on a single computer. For the Software Products listed below the Customer must acquire one copy of the Software for each computer (Seat) on which the Software will be installed. One back up or archival copy of the software may also be loaded on a computer and used for processing (Backup Seat). The Customer may use the software products at the number of sites listed below, in the quantity listed below. In addition Customer may make one (1) archival copy of the Software. Site License Use A site is defined as a specific office building with a specific address, or a contiguous group of buildings at a "campus" location. The Customer may use the Software Products at the number of sites listed in Exhibit A. The licensed site for the purpose of this software agreement is: City of Corpus Christi, 1201 Leopard Street, Corpus Christi, TX, 78401 -2825. The Document Express Software may not be used at any location outside of City of Corpus Christi, 1201 Leopard Street, Corpus Christi, TX, 78401 -2825 unless additional license(s) are purchased. The customer must acquire one copy of the Software for each additional site. Additionally, the customer may make one (1) archival copy of the Software. Customer additionally may load additional copies of any licensed Software Products on a Test, Development, and Disaster Recovery Servers to be used for the limited purposes of testing, deployment, and processing in the event of a disaster. Page 7of16 Software Key Standard Features Inclusions i� W ,= Document • Ability to add unlimited accounts • One Site set up $9,995 Express • Full Document History with filtering, sorting including One User Accounts and column management Seat, One Backup Payable TM . Complete audit trail of all user actions Seat and One Test • Original Register for audit of all printing Seat (Seat= • User Manager with detailed user reports workstation) • Archiving and copying functions • Utilizes Client's • Signature Logic existing SQL or Oracle • Ability to print copies manually or Database automatically • Document Express • Report Generator for ad hoc reporting accesses the database • Embedded tool for changing document logos, using ODBC messaging, and other variable items • Discounted from • Ability to set up multiple printers based on $11,995 list price spool setting, document type, or overflow AP161 or • Interface contains FTP control, reads the • Standard interface to $1,000 AP155 Lawson AP161 or AP155 File (checks and AP161 or AP155 Interface overflow remittance) and maps the fields while loading the data into the Document Express Database Forms Design • Maps the fields loaded into the Document • One turnkey form $500 Accounts Express Database into the Client's desired design layout of check (Check Payable accounts payable layout and overflow and Check and • May suppress items in the database from • Assistance and overflow Overflow displaying on the design training setting up are • Ability to design form in virtually any layout accounts included including logos, signatures, MICR line and as one messaging. form layout) Document • Ability to add unlimited accounts • One Site set up $9,995 Express • Full Document History with filtering, sorting including One User Payroll and column management Seat, One Backup • Complete audit trail of all user actions Seat and One Test • Original Register for audit of all printing Seat (Seat= • User Manager with detailed user reports workstation) • Archiving and copying functions • Utilizes Client's • Signature Logic existing SQL or Oracle • Ability to print copies manually or Database automatically • Document Express • Report Generator for ad hoc reporting accesses the database • Embedded tool for changing document logos, using ODBC messaging, and other variable items • Discounted from • Ability to set up multiple printers based on $11,995 list price spool setting or document type Page 8of16 SQ',ftware , Key,Standard Features Inclusions Prue. PR160 • Interface contains FTP control, reads the • Standard interface to $1,000 PMTOUT Lawson PMTOUT File (checks and direct PR160 and PR180 Interface deposit advices) and maps the fields while loading the data into the Document Express Database Forms Design • Maps the fields loaded into the Document • Turnkey form design $500 Payroll Check Express Database into the Client's desired layout of payroll (Check and Direct payroll layout check /advice and Deposit • May suppress items in the database from • Assistance and advice Advice displaying on the design layout training setting up are • Ability to design form in virtually any layout accounts included including logos, signatures, MICR line and as one messaging. form layout) Line Item • Allows an authorized user to map client- • Fully integrated $1,295 Maintenance specific pay codes, deductions, and hours to a Document Express Module more natural language description Module • Pre- and Post -Tax Deductions may be broken • Allows setup to key out and displayed off the Lawson pay • Allows users to reorder pay codes, code or pay summary deductions, and hours group • Allows users to suppress certain types of • Provides a more codes descriptive statement • Provides an import /export feature to Excel of earnings eliminating for easy maintenance questions and calls to payroll • Discounted from $1,495 list price Wire Module • Interfaces to the Lawson output file for the • Fully integrated $3,495 Wire data, prepares Wire format and securely Document Express transmits the file to the bank Module • Transmission method is bank- and client- • One Wire format is dependent included • Ability to concatenate multiple accounts into • Discounted from a single transmission saving on bank costs $3,995 list price ACH Module • Interfaces to the Lawson AP160 Tape File or • Fully integrated $3,995 AP161 File, formats the ACH file into CCD Document Express format and securely transmits the file to the Module bank • One ACH (CCD) • Transmission method is bank- and client- format is included dependent • Discounted from • Ability to concatenate multiple accounts into $4,595 list price a single transmission saving on bank costs Addenda • Addenda Record formatting into CCD+ and • 3 Addenda formats $7,995 Record CTX formats Page 9 of 16 Software Key Standard Features IncWsioris. Pr�c . ACH Module • Interfaces to the Lawson ACH output file, • Fully integrated $3,495 for Pay Card formats the ACH file into the format required Document Express Processing by the financial institution for Pay Card Module Processing and and securely transmits the file • One ACH format for to the bank Pay Card Processing • Transmission method is bank- and client- • Discounted from dependent $3,995 list price • Ability to concatenate multiple accounts into a single transmission saving on bank costs 1099 Module • Interface to Lawson AP145 Output • One Site set up $3,495 • Forms design for laser cut sheet or pressure including One User seal designs Seat, One Backup • Manual 1099 Capabilities Seat and One Test • Full Document History Seat (Seat= • 1099 Corrections workstation) • Ability to create PDFs of the 1099s • Provides totals and document counts • Creates the 1099M, I, and D forms as supported by Lawson Financials • Discounted from $3,995 list price e -Remit • Interfaces to Lawson AP161 or AP160 • Fully integrated $3,495 Module remittance file Document Express • Creates the ACH remittance advice in the Module Client's desired layout • Retrieves the vendor • Generates a PDF of the remittance advice and email address from sends it to payee's email address the AP10 in Lawson • May also generate a CSV based on client- • Correctly retrieves defined business rules multiple "remit to" • Allows Client to designate sender email addresses • Allows globally customizable message and • As alternative, allows subject line pulling defined values from the client to store emails document (i.e. payment date) in the Document Express DB • Discounted from $3,995 list price Page 10 of 16 Software Key:Standard Features, Inclusions Price;: Positive Pay • The Positive Pay Module generates and • Fully integrated $5,995 Module with formats the positive pay output file into the Document Express Automation format required by the financial institution Module • Allows user to transmit the Positive Pay file to • One bank set -up the bank directly from Document Express. • Module can be used Transmission method is bank- and client- for AP and PR if have specific the same bank set -up • Reporting Tools • Discounted from • Void Capabilities (load voids from Lawson $6,995 list price CBTRANS or PR Checks) • Positive Pay History • Ability to concatenate multiple accounts into a single transmission saving on bank costs Document • Ability to add unlimited companies • One Site set up $9,995 Express • Full Document History with filtering, sorting including unlimited Forms and column management users • Complete audit trail of all user actions • Utilizes Client's • Original Register for audit of all printing existing SQL or Oracle • User Manager with detailed user reports Database • Archiving and copying functions • Document Express • Ability to print copies manually or accesses the database automatically using ODBC • Signature Logic • Discounted from • Report Generator for ad hoc reporting $11,995 list price • Embedded tool for changing document logos, messaging, and other variable items • Ability to set up multiple printers based on spool setting or document type • Ability to add additional forms with interface and forms design set up charges interfaces . Interface contains FTP control, reads the • Standard interfaces to $3,000 Lawson File and maps the fields while loading Lawson output files the data into the Document Express Database for 3 forms (PO, AR Invoice & Statement) • $1,000 /each x 3 Forms • Maps the fields loaded into the Document • Turnkey form design $1,500 Designs Express Database into the Client's desired layout for 3 forms form layout (PO, AR Invoice and • May suppress items in the database from Customer Statement) displaying on the design layout • Assistance and • Ability to design form in virtually any layout training setting up including logos, signatures and messaging. accounts • Terms and Conditions Tab for .rtf upload • $500 /each x 3 Page I 1 of 16 Softwar'ef 1<6i andard, Features Incl `unions Pace Auto • Automates the Document Express functions • Runs on a server and Included Document of FTP, import, and distribution of documents can service all ExpressTM (print, fax, email, or web post) designated Lawson • Installed as a service or standalone Users application — client determined • Includes a scheduler — may run on a time interval or on a schedule Auto Fax . Distributes reformatted documents via fax • Interface is $4,995 Module based on Client- determined business rules incorporated into the (e.g. distribution method set in Lawson) Client's customized • Interfaces to Client's existing fax system via print routine SMTP or API • Discounted from $5,995 list price Email Forms • Distributes reformatted documents via email • Interface is $3,495 as a PDF incorporated into the • Interfaces to Client's SMTP Mail Server Client's customized • Allows for global email setup of subject and print routine message line • Retrieves email • Incorporates predefined data from the form address from Lawson into the email or subject area (e.g. invoice Tables or stores them number) within the Document Express Database (determined by client) • Discounted from $3,995 list price Page 12 of 16 Softvuare Key Standard Features Inclusions - . s., ;'rrce Nit Document • A link to Document Self- Service is created on • Includes the DSS Web $7,995 Self- Service your Lawson Employee Self- Service (ESS) Web Server, DSS Electronic site or Intranet. The link appears on the ESS Administrative Tool, W -2 Page once the employee logs into the Web and required site. The employee will re -key in their user functionality in name and password when the link is Document Express W- accessed. The employee logged into the 2 Print Module system is only able to access his /her own W -2 . Interface to Lawson documents. PR297 and laser forms • The Document Self- Service web pages mirror design, provides W -2C the Lawson Self- Service look and feel for a capabilities, Document transparent flow History and State, • The IRS requires employee consent and Local or Employer notification to distribute the initial W -2s copies electronically. Electronic W -2 Module is IRS- • Electronic W -2s with compliant and performs the tracking of IRS Compliance consent, revocation of consent, provides the • Unlimited number of necessary notices to employees, and a full retrieval users and audit trail of all activity (visible only to document volumes authorized administrative end users). • Functionality to format and print W -2 documents • Supports W -2C options and posting of W -2 history • Supports email notifications of all posts and employee actions (authorization, revocation, and change in email information) • Inactive employees may be printed or posted to an alternate web site (client - determined) • Supports ability to set up messaging for the web site using text formatting features Page 13 of 16 Software Key Standard'Features fnclusions , ° Price ;: . TurboTax • Creates file in format required by TurboTax • Fully integrated with $2,500 Interface • If client does not want to send all employee Document Express information to TurboTax then a CSV file can W -2 Module be used to maintain a list of all employees • Secure file transfer who have opted -in or opted -out (client is responsible for creation of CSV file) • An additional Document Express account is then used to create and transmit the file to TurboTax which only includes the employees who have opted -in • For organizations running MHC's Document Self- Service Release 5.1 or later, employers may allow employees to choose whether they prefer to opt -in or opt -out of the W -2 data integration with TurboTax Signature • Signature Digitization and Encryption Service • 4 signatures total $590 Service Logo Service • Client to provide company logos in .bmp • Client to provide No format Charge Total Software Price $90,320 Payment Terms: 50% of software purchase price due at time of purchase. 50% is due 30 days after software delivery. Page 14 of 16 Exhibit B to Software License Agreement Dated as of _ Maintenance Fee Schedule Exhibit B to the Software License Agreement between MHC Software, Inc., 11900 Portland Avenue South, Burnsville, MN 55337 ( "MHC') and City of Corpus Christi, 1201 Leopard Street, Corpus Christi, TX, 78401 -2825 ( "Customer "). The annual maintenance fee is 18% of current list price at the time the maintenance fee is due. Listed below are the current list prices of the following Software products as of Software Agreements License Effective date of Software ' Current c Document Express Accounts Payable $11,995.00 AP161 or AP155 Interface $1,000.00 Forms Design Accounts Payable Check and Overflow $500.00 Document Express Payroll $11,995.00 PR160 PMTOUT $1,000.00 Forms Design Payroll Check and Direct Deposit Advice $500.00 Line Item Maintenance Module $1,495.00 Wire Module $3,995.00 ACH Module $3,995.00 Addenda Record (3 Formats) $7,995.00 ACH Module for Pay Card Processing $3,995.00 1099 Module $3,995.00 e -Remit Module $3,995.00 Positive Pay Module with Automation $6,995.00 Document Express Forms $11,995.00 Interfaces (3) $3,000.00 Forms Design (3) $1,500.00 Auto Document Express $0.00 Auto Fax $5,995.00 email Forms $3,995.00 Document Self- Service Electronic W -2 Web Delivery w /User Options $7,995.00 TurboTax Interface $2,500.00 Total Software Current List Price $100,430.00 Annual Maintenance Fee 18% of Current List Price $18,077.40 Page 15 of 16 Exhibit C to Software License Agreement Dated as of Implementation and Training Fees Schedule Exhibit C to the Software License Agreement between MHC Software, Inc., 11900 Portland Avenue South, Burnsville, MN 55337 ( "MHC') and City of Corpus Christi,, 1201 Leopard Street, Corpus Christi, TX, 78401 -2825 ( "Customer "). Service ... Description >.: Pace Software • Telephone or Web meeting installation and training included Installation . Optional on -site installation ( 2 -3 days suggested) $1,500 /day plus reasonable travel expenses Page 16 of 16 Cy AGENDA MEMORANDUM oPOa E O Future Item for the City Council Meeting of April 30, 2013 1852 Action Item for the City Council Meeting of May 14, 2013 DATE: April 30, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mike(_cctexas.com (361) 826 -3169 Michael Armstrong, Director of Municipal Information Systems i c ae I a r( cctexas . co (361) 826 -3740 Purchase of Component Software for Enterprise Resource Planning System CAPTION Motion approving a software license and maintenance agreement with PCI, LLC, Tampa, FL, for cash management software for $117,810.00, of which $117,810.00 is required for the remainder of FY 2012 -2013; and ongoing maintenance. The initial term of the maintenance agreement is one year and will automatically renew annually thereafter upon payment of annual maintenance fees. Funds have been budgeted by the Municipal Information Systems Department in FY 2012 -2013. PURPOSE: PCI, LLC's (PCI) cash management software is necessary to manage the City's requirements for processing payments it receives by check and credit/debit card. BACKGROUND AND FINDINGS To provide the functionality in the Enterprise Resource Planning system necessary to manage payments the City receives by check and credit/debit card, Infor (US), Inc. has proposed PCI's cash management software. This software is an integral component of the recommended ERP System. ALTERNATIVES Not applicable OTHER CONSIDERATIONS Not applicable CONFORMITY TO CITY POLICY This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON - EMERGENCY Non - emergency DEPARTMENTAL CLEARANCES Municipal Information Systems Department FINANCIAL IMPACT x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years Line Item Budget $3,000,000.00 $4,031,909.83 Future Encumbrances $0.00 $1,394,259.44 This Item $1,605,740.56 $5,426,169.27 BALANCE $1,394,259.44 $0.00 Fund(s): Municipal Information System Fund Comments: "This Item" in the table above is comprised of current and future expenditures to which the City will be contractually obligated through FY2015 -2016 and which are necessary to purchase the ERP System and its related component software from the four recommended vendors listed below, each of which is described in its own agenda item. Current Year Future Years Totals Infor (US), Inc. $1,383,138.16 $5,288,776.87 $6,671,915.03 Emphasys Software $36,500.00 $69,100.00 $105,600.00 MHC Software, Inc. $68,292.40 $68,292.40 $136,584.80 PCI, LLC $117,810.00 $0.00 $117,810.00 $1,605,740.56 $5,426,169.27 $7,031,909.83 The "Line Item Budget" amount in future years will be requested during the normal budget approval process in the applicable future fiscal years. RECOMMENDATION Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS License & Maintenance Agreement l . SCOPE ()F WORK ...................................................................................................................... 2 l .| Software Licenses ................................................................................................................. 2 1.1.1 Products Schedule ......................................................................................................... 2 1l2License ................................................................................................................. ~........ 2 1.1.3 1enDiDuiioonnf Software License 6vPC1 ......... ............................................................. 3 1]/4 Major Rclemoeo/ Upgrades ...................................................... ^^^^—^^^ .......................... 3 1.1.5 Solution Longevity ..................................... .^.............................. ................................... 3 1.1.6 Successor Software Products .......................................................................................... 3 1.2 Source Code .............................................................................................................. ^........... ] 1.2.1 Possession .............................................................. ...................................... ................ 4 1.2 Maintenance and Support Services .................... .............. .............. ..................................... 4 1.3.1 Software and Help Desk Support Services .................................................................... 4 1.3.2 Aoou4| System Assessment ........................................................................ .................. 4 1.4 New Services and Products ......................................... ........................................................ 5 1.5 Cooperation with ERy Vendor ............................................................................................. 5 1/6 Change Orders ... ....................................................................................................................... 5 ZTERM .................................................................... .................. ................................................... 6 2.1 Term OfSoftware License ................ .................................................................................... 6 2.1.1 Granting of License .................................................................................. ..................... 6 2~1.2 Terminating Software License ....................................... . .............................................. 6 2.1.3 Material Breaches mf Agreement .._._-----------------........--..6 2.1/4 Termination and Other Remedies .................................................................................. 6 2.1.5 License Revoked Upon Termination ............................................................................. 6 2.2 Term 0f Implementation Services ......... ................................................................................ 7 2.3 Term ofMaintenance and Support Services ......................................................................... 7 2/1 Survival ............................................................................................................................. ,... 7 ]. TEST CRITERIA ................................... ..................................................................................... 7 ].l Failure of Testing .......... ........................................................................................................ 7 4. PERFORMANCE STANDARD ................................................................................ . ......... 7 4.1 Response Time Standard ..........—.-----------.------.-''^.^^^_------8 5. ACCEPTANCE .............................................................................. ............................................ 8 5.1 Acceptance Test Plan ........................................................................................... ................ 8 5.2 Software Component Conditional Acceptance -----.---......._... .......................... 5.3 Soft\msoc Component Acceptance ................... ,^_,^^_^^~_^ ................................................. g 5/4 System Acceptance .......^.^.^^____^_—.----_.—_-----~_,,,,.,.,.,,,,,,,q 5^5 System Acceptance Checkpoint .....................^.........^^...'~.'.^..^^...^....^.^.......................~..9 5.6 Correction 0fErrors during Live Testing ...................... ....................................................... q 5.7 Acceptance n[ Non-Software Deliverables ......................................................................... 10 (x PERSONNEL ............................................................................................................................ 11 6'1 Project Mangers -----...........,...-..—_---------------......-----. ll 6.2 Client Review 0f Resumes .................................................................................................. \| 6.3 Background Checks ................................................................................................. ........... ll 6.4 ....... ................................................................................................. {l 6.5 PCl Personnel Permanency ........................................................................................... ^^^-12 /` INDEMNIFICATION ........................................................................................... ^..... ............. ]2 7.1 Infringement --.........------------_--....—...—...__--------..l2 7.2 Injury, Property, or Other Damage ---......—..--_---------_......~_--. 13 i 7.3 Services .......................................................................................... .......... ..... 13 7'4 Technology .................................................................................................................. ....l3 8. OWNERSHIP OF WORK PRODUCT ................................................... ................................... 13 9. LIMITATION OF LIABILITY AND DISCLAIMERS -....-_--... ........ |(\ WARRANTY .................... . ............................... .................................................................. |5 10.1 Performed Services ................................ ,........................................................................ ]5 18.2 Operate in Substantial Conformity with Product Specifications ------------l5 )[i3 Meet Requirements Include Exhibits .................................... .......................................... 15 10\4 Free of Programming Errors ........................................................................................... l5 10.5 PCl Testing ...................................................................................................................... l5 10.6 Computer Banjvvaze Environment ........................... ........................................................ T5 10.7 Performance Standards ...................... ............................................................................ |5 10.8 Correction nf Nonconformity or Defect .......................................................................... l5 10.9 Fixes, Feature Release and Version Releases ................................................................. l6 10L10Initial Warranty ................. ....................... .................................................................... )6 10i11 Warranty Extensions ............................ .......................................................................... l6 10i12 System Functionality Warranty ------------.........._.................l6 10.13 Payment Card Industry 8t8nU8u]n Warranty ---.----------_-------.lh 10L14Warranty Disclaimer ....................................................................................................... l6 10.15 Warranty Remedy ....................... ......... ........................................................................ |h }l. TERMS Oy PAYMENT ......................................................................................................... l7 11.1 Introduction ..................................................................................................................... }7 11.2 Pricing ............................................. .............................................................................. |7 11.3 Payment --------_-----_~___,_.^~^....~~....^..~._^^^.^.^.^.~-.^...^_..17 11.4 Invoicing ....... .............................................................................................................. 12. TERMINATION ...................................... ...... ..................................................................... /8 12.1 Disentanglement -_--------..-_-.__--................................--..._._.^19 13. SURVIVAL ............................................................................................................................. l4 14. INSURANCE ............................ ...... ........ ....... .................................................................... lg }4.} Worker's Compensation Insurance and $ Liability Insurance ....................... l4 14.2 Public Liability Insurance ............................................................................................... 20 14.3 Subcontractor's Insurance ............................................................................................... 2O 14,4 Certificate 0f Insurance ................................................................................................... 20 14`5 Insurance Company and Agent ....................................................................................... 20 15 PROTECTION AND SECURITY (}F CONFIDENTIAL INFORMATION .......-........2l 15.I Responsibility $[ Each Party ......................................................................... ---.--.2l 15.2 Disclosure of Confidential Information .......................................................................... 21 15.3 General Security ...--_----_--.--.--......~.-_-....--.--------2] 15,4 Clients System Data. ..... ................................................................................................. 22 }fi ASSIGNMENT ......................................................................................................... .... 23 17. NOTICES .... ........................................................................................................................... 23 18. DISPUTE RESOLUTION .............. ,............................................................................... ..... .24 18.1 [oft blank . ............................................................................ .......................................... 24 18.2 Project Managers Resolution .......................................................................................... 24 18.3 No Termination nr Suspension o[ Services ......................................... .......................... 74 19. FORCE MAJTURE ......................................................... ...................................................... 25 20. INDEPENDENT CONTRACTOR .............--_-----------..--......25 22. PRIME VENDOR RESPONSIBILITIES ............................................................................... 25 23. ...........................^~...^.........................................................25 24 GENERAL ................................ .^^. .......................................................................................... 26 24.1 Applicable Law and Venue ............................................ ................................................. 26 24.2 Severability --.......................---.----..~.----.__--..---_—....26 24.3 Waiver ............................................................................................................................. 26 24/4 Changes .........------------.--,...—........—.------_------26 24.5 Taxes ............................................................................................................................... 20 25. DEFINITIONS -------,—,-----.—~.~,,~.,,,.—__..................,.........~.....2h Exhibit Pricing .................................---__—.-..-_-.............30 Exhibit [l— Recommended Cashiering Hardware and Pricing Options --------.---.^—..31 Exhibit C— Maintenance and Support Services ................................................................................ ]] Exhi`itD - Recommended Hardware and Software Requirements .... ............................................. 3o Exhibit E — PCI's Response to relevant functional requirements of the City ......... ... — ........ ..... 40 iii pCIGcense Agreement for myRevenucCollector Corpus Christi AGREEMENT BETWEEN PCILLC AND CITY OF CORPUS CHRISTI This Agreement is effective as of this _____ day of 2013 between PCA LLC, a Unnhed liability company having its principal place of business at 4893 West \Na1eo Avenue, Suite E, Tampa, Florida 33634 (hereinafter referred to as °PC|"} and City of Corpus Christ}, Texas, (hereinafter referred to as "City") aTexas municipal corporation having its principal office at 12O1 Leopard St, Corpus Christi, TX7Q4O1-28Z5. WHEREAS, the City of Corpus Christi desires tnprocure aCentra|ized Revenue Collections System, also known as RCS or my0evenueCo|lector, (hereinafter referred to as the "System") and as such has reviewed the |nfnr Software Government ERP Solution proposal for moyRevenueCo||ector module provided by PO. VVHEBEAS,PC| submitted a proposal to the City on1Sthof October, 2012 (hereinafter referred to as the "Proposal") to furnish the City with software for the System, which was determined by the City to be most advantageous to the City. WHEREAS, the City has requested PCI and PCI agrees to furnish a System. WITmESSETH: The City and PC| agree tothe following terms and conditions in consideration of the mutual promises stated in this Agreement, including the following Exhibits, which are attached hereto and incorporated 1. Exhibit 4b the Pricing Proposal 2. Exhibit Bb the Recommended Cashiering Hardware and Pricing Options ]. Exhibit Cis the Maintenance and Support Services 4. Exhibit Diu the Recommended Hardware and Software Requirements 5. Exhibit EiyPC|'s response 10 relevant functional requirements of the City In the evert of any inconsistency between the documents comprising this Agreement, the order of precedence shall be as follows: 1. The Agreement 2. Exhibits to the Agreement 9ClLicenSe Agreement for myRevenueCol lector Corpus Christi 1. SCOPE OF WORK As part nf this Agreement, PC| agrees to provide 10 the City Services and Products as described herein. In addition, PC| will provide certain professional services under separate statement of work HOVV with Infor whereby PCI will perform these professional services as a subcontractor to Infor. 1.1 Software License As used herein, "Products" shall mean Software and Hardware required for the successful implementation of the System according 10 the prices set forth in Proposal (Exhibit AJ. "Software" means any one of the computer software programs which is identified in Exhibit A. PC| agrees to provide the Products, and City agrees to compensate PC| for its Products, in accordance with the terms of this Agreement and the Exhibits hereto. If requested by the City in writing, the parties may substitute the Products that are described in Exhibit A for new Products that are reasonably and yuhstaoba|k/ equivalent to those Products being substituted, and any such substitution shall not result in any adjustment to the Fees, unless otherwise mutuaUyagreedtobwthgpart/es. "Documentation" shall mean the then current 1 operating and technical documentation relating to the features, functions and operation of the Software. 1.1.I Products Schedule PC[ will provide the City the following software, hardware, and support components set forth ]nExhibit A: ~ PCI Software for the Revenue Collection System known as myReven ueCo I lector or RCS. 0 Hardware an defined |n the Proposal (Exhibit A) ° 3'~ party maintenance 0 Product warranty on hardware 1^1.2 License PC|-devm|uPad Software |s licensed to the City pursuant to the provisions set forth in this paragraph. 1.1.2.1 PC| grants the City a perpetual, non-exclusive, nontransferable license to use the Software and Documentation contracted for under this Agreement, for internal operations of the City, its associated agencies, and Affiliates that the City supports or with whom it shares resources for the term of this Agreement. 1.1.2.2 The City may make copies of the Software and Documentation for use of the City its associated agencies, and Affiliates, provided that all copyright notices are reproduced and the City does not exceed the number of licenses purchased. The City will not make available the Software or Documentation, or portions thereof, to any other persons or entities without prior written approval of PC]. PC| shall maintain, and make available 1u the City, the Documentation in an electronic format in a timely manner at no additional cost. 1.1.2.3 The City shall have the right to use the Software, or any portion thereof, S0 long as the number of users does not exceed the number licensed, or on one or more backup computer nodes. No other use lxlicensed. P]Liccnse Agreement for myRevenueCol lector Corpus Christi 1.12.4 The City will not copy the Software or Documentation except as necessary for use under this Agreement. The City will not decrypt without authorization, reverse compile or disassemble the Software. The City will not export or re-export the Software or documentation without the appropriate United States and foreign government licenses. Furthermore, the City agrees to abide by all applicable Federal and State Trademark and Copyright laws. 1.1.2.5 The Snftxvann and Documentation is and shall remain the mz|m property of PC|, regardless of whether the City, or its employees, may have contributed to the conception of such work. 1.1.3 Termination of Software License bwpCU In the event the City fails to: U\ adhere 10 its obligations of the software license set forth in this Section 1; or UU pay license fees doe to PC| (payments for Warranty Extensions notwithstanding), within sixty (60) days after receipt of valid invoice therefore as set forth in Section 12 PO shall have the right to terminate the license granted hereunder forty-five /45\ days after the City receives written notice from PC| of such default, which specifies the reasons for the default. If the City fails to correct the default within this forty-five (45)-day period, PC|yha|| send the City a written Notice of Termination of License and vv|thUo ten /10\ days after receipt of such written Notice of Termination of License, the City shall return to PC| all Software and all encrypted software purchased under this Agreement. 1^1~4 Major Releases ' y Upgrades City shall be entitled to future releases and upgrades whether ofa "minor" or major" nature, of PC} Software for no additional cost beyond the Support and Maintenance fees delineated in Exhibit A. 1'1.5 Solution Longevity PCI certifies the System prescribed herein will remain available and supported for a minimum of five (5) years from the time the contract |ssigned and that any material changes to PC|'u company nrproducts will not affect the City's implementation orsupport. 1.1.6 Successor Software Products In the event P[I makes available successor PC| software products (e1g., software products based onanew technical architecture) ("Successor Products") with substantially similar functionality to the PC| 3Vftvvame licensed by City within ten (10) years of contract signing, City may transfer the Software to the Successor Products, for no additional PC| license fees. In such event, City shall pay the then-current Software Support and Maintenance fees for the Successor Products, in addition to any services and/or third party fees associated with the Successor Products. 1.2 Source Code PC| shall secure all 1 source code for Software described herein, including fixes releases, features release and version releases (collectively, the "Source Code"), within its safety deposit box at the corporate bank. The Source Code will be made available to the City should PO become unable to, or otherwise fall to maintain the Software during the Warranty period, any extension thereof, or if PC| decides to stop support of the System in whole or part, or PC] becomes bankrupt. All updated code will be delivered to the bank or escrow agency in a timely manner with any releases and enhancements. PO agrees to provide the source rode to an escrow agency, at the Ok/s expense, if desired, at the City's option at any time. 91 PC}Ljoeose Agreement for myRevenueCollector Corpus Christi 2.2.1 Possession PCI will release the Source [ode to the City from storage in the event PCI becomes unable to, or otherwise fails to maintain the Software during the Warranty period, any extension thereof, or ifPC| decides to stop support of the System in vvhn|e or part or PC| becomes bankrupt. In the event P[/ releases the Source Code to the City: 1.2.1.1 The City accepts full and total responsibility for the safekeeping of the Source Code. The City agrees that such Source Code shall be subject to the restrictions oftransfer, sale, and reproduction placed on the Software in Sub-paragraph 1.2.2. 1.2.1.2 The City agrees to only use the PCU Source Code related to applications licensed 1V the City by this Agreement. 1.2.1.3 No license under any trademark, patent, copyright, or any other intellectual property right, is either granted or implied by the disclosure of the Source Code 10 the City. PQ's disclosure of the Source Code to the City shall not constitute any additional representation, warranty, assurance, guarantee, or inducement by PC] to the [hx of any kind. 1.2.1.4 PO will not be responsible for maintaining the Source [ode. PO will not be liable for any consequences related to the use of Source Code modified by the City except to the extent PO vvmuXd otherwise be liable for any consequence related to the use of the Software under this Agreement. PC| will, however, provide all system documentation and a list ofall tools required for the City 10 make productive use of the Source Code. 1.2.1.5 The City agrees that any unauthorized release of the Source Code will cause irreparable harm to PC|. Therefore, the City agrees to take adequate precautions 10 protect against the mishandling, misuse, or theft of the Source Code by the City, its employees, former employees, agents, and third-party associates. 1.3 Maintenance and Support Services 1.3.1 Software and Help Desk Support Services PC| shall provide PCI software and Help Desk support services necessary to keep the System in compliance with the Warranty and subsequent Warranty Extensions as described in the Maintenance and Support Services (Exhibit C}. The City will be charged for the initial period of Maintenance and Support Services as described in Exhibit Aand Exhibit B. The cost for Maintenance and Support Services shall not be increased during the first three years of the Agreement. Thereafter, annual cost increases for Maintenance and Support Services, if any, from the previous year shall be capped at a rate equal to no more than 3% or the CPI-W for the South region, whichever |a less, for ms long em annual Maintenance and Support Services are provided by PC|and the license agreement between the City and PC| is in effect. The City shall he b/||ad for annual Maintenance and Support Services beginning on the date of final execution of this License Agreement. 1.3.2 Annual System Assessment The City, with the assistance of PCI staff, shall conduct anassessment of the System at a mutually agreeable time, to determine if upgrades are required to maintain the Performance Standard (Annual Review). 4 PCJLiccnuC Agreement for myRevenucCollector Corpus Christi 1.4 New Services and Products From the effective date of this Agreement the City may elect to have PC| perform services that are not specifically described in this Section urin Exhibit A hereto or in the City of Corpus Christi-|nfor Statement of Work but that are related to the Services (the "New Services"), in which event PC/shall perform such New Services at the then current PC] billing nmtn for such services. PO shall commence performing the applicable New Services promptly upon receipt of written notice from the City Project Manager. 1.5 Cooperation with fRPVendor PCI hereby acknowledges that the City is planning on implementing anERP system and that the System must work in conjunction with the BRP system. The parties acknowledge that there are significant interrelationships between the System and the ERP system and that close coordination will be necessary between the City, PCI, and the City's ERP contractors in order to provide the necessary integration between the ERP system and the System, PO »heW cooperate fully with the City and its ERPcontractors to achieve the aforementioned integration, including but not limited 10 participating in joint planning meetings, conducting technical assessments uf integration points, and implementing interfaces. P[] hereby acknowledges that the City intends to enter into an agreement with |nfor, an ERPsystenm provider, for a new ERP system. As such PO shall cooperate fully with the [Kv and |mfor in providing professional services in connection with the System as a subcontractor to Infor, Specifically, PC| must be available to |nfor to answer questions and provide installation and guidance during the initial setup phase. The System will behosted by|nfor.As such, P[|agrees to cooperate with |nfor|n implementing hosting services to ensure the interoperability between System and the ERP. 1.6 Change Orders Additional Products and Services will be treated as Changes to this Agreement. PO shall provide New Services and Products e1 the then current nlhe and in accordance with Terms of Payment and, New Services Sections below.. |f the City requires the performance of Services (other than New Services) that are not then being performed, or requires e change to the existing Services, the City's Project Manager shall deliver to P{1's Project Manager Change Order specifying the proposed work with sufficient detail to enable PC| to evaluate it. PC| shall, within ten (10) business days, or longer as may be mutually agreed between the parties, following the date of receipt ofsuch Change Order, provide the City with an evaluation of the Change Order and a written proposal containing the following: adetai|ed description of Services being provided; specifications (if applicable); implementation plans, with an implementation schedule vvh|oh will be mutually agreed between PC| and the City; the timakame for performance; acceptance criteria; and for New Services, the estimated price for such performance based on the applicable charges set forth in this Agreement. All Change Orders shall be governed by the terms and conditions of this Agreement, including the hourly rates for consulting services, unless mutually agreed otherwise. Within the reasonable dmefnamne specified in PC|'s proposal, which dmeframe shall not be less than ten /10\ business days from the Project Manager's receipt of such Change Order (the "Response Period"), the City's Purchasing Agent R PC]Ljomnne Agreement for myRevenueCo I lector Corpus Christi shal|notifV PCIinwriting if the City elects to proceed with the Change Order (the "Proceed OrdeM.If, within the Response Period, the City gives notice to PC[ not to proceed, or fails to give any notice to PC|, the Change Order shall be deemed withdrawn and PC| shall take no further action with respect to If the Change Order does not impact the total fees payable under this Agreement or change the terms and conditions of this Agreement, PC| shall mnmornanco performing the Services described in the Change Order upon receipt of the Proceed Order. If the Change Order does |ropao1 the total fees payable under this Agreement or change the terms and conditions of this Agreement, PO shall promptly commence performing the Services described in the Change Order upon: U\ the City delivering to PO a Proceed Order during the Response Period, and AU the City Project Manager's approval of the applicable Change Order and such Change Order being executed by the authorized representatives of the parties as an amendment to this Agreement. A Change Order shall not become binding upon the City and the City shall not be obligated to pay PO for any Services performed pursuant toa Change Order, unless and until the Change Order related to such Proceed Order is approved by the City in accordance with the procedures outlined by this paragraph. 2. TERM 2.1 Term of Software Lkensa 2.1.1 Granting pYLicense The license granted under this Agreement shall remain in effect perpetually unless otherwise terminated under this Section. 2.1.2 Terminating Software License The City may terminate the Software license at any time upon thirty (30)days written notice to PC|, subject tnsubsection 2.1.4 and 2.1.5 below. The City may terminate any Services or Maintenance and Support services that are incorporated into this Agreement without terminating the Software license under this Agreement. 2'1.3 Material Breaches ofAgreement If either party materially breaobesth|s Agreement, the other party may give written notice of its desire to banninaha and the specific grounds for termination and, if such default is capable of cure and the party in default fails to cure the default within thirty (30) days of the notice, the other party may terminate this Agreement. if such default is incapable of cure, the other party may terminate this Agreement immediately upon written notice of its desire to terminate. 2.1/4 Termination and Other Remedies Termination of this Agreement, or any portion of it, shall not limit either party from pursuing other remedies available to it, including injunctive relief. 2.1.5 License Revoked Upon Termination Upon termination, the license to use the Software shall be immediately revoked and all licensed Software Products and supporting matwho|o will be returned to PC| within thirty (30) days or destroyed and an affidavit supplied to PCI certifying destruction. on PClLiceoae Agreement for myRevenueCollector Corpus C\oia1 2.2 Term of Implementation Services This Agreement shall commence on the date of its execution and shall continue and be in full force and effect until terminated in accordance with the provisions of this Agreement. The exact nature and expected duration of specific Implementation Services rendered will be described in a Statement uf Work agreed toby the parties and incorporated into this Agreement. 2.3 Term mfMaintenance and Support Services Maintenance and Support oheU be effective as of the date of execution of this Agreement and shall extend throughout the Initial Warranty period and subsequent VVonamty Extensions, unless terminated as provided for herein. 2.4 Survival Upon termination of this Agreement, the provisions hereof, which by their express terms survive termination, including those set forth in Section 13, Survival, shall remain in full force and effect. 3. TEST CRITERIA Unless otherwise specifically provided in any documentation provided 1n the City, the test for each Software component of the System shall include testing to the City's reasonable satisfaction of the following: (o) unit testing (i.e., individual testing of each field, screen, screen-related action, and module/program); (b) System testing (i.e., tooting of the System as a vvhn|e and its integration with other the City systems); and (o) volume/stress testing (i.e., testing of the System under peak conditions to measure response time and System reaction to|nad). 3.1 Failure of Testing if after testing the Software components or the System, the Software components or the System do not function in a manner that is consistent with the standards identified in the Acceptance Test Plan, Functional Specifications or other written documentation provided to the City by PC| that describes the anticipated performance of the System, the City shall have the option, upon notice to PCI to: ° Terminate this Agreement, in accordance with the provisions of Section 12; or ° Accept the System at its then level of performance; nr ° Permit the Live Testing to be further extended for such period as mutually agreed upon by the Parties in writing; or ° Accept those portions of the System which pass the acceptance criteria and require PC| to correct the remaining portions, in which event the City shall not be liable for any payments associated with the implementation of such remaining portions until they have been accepted; or ° Pursue such remedies as may he available to the City at law orinequity. Final Acceptance of the System by the City will not release 9C| from complying with the warranties and maintenance requirements set forth herein. 4. PERFORMANCE STANDARD The Performance Standard and the Response Time Standard set forth below shall apply to the System and any subsequent Fixes Releases, Features Releases, and Version Releases. For purpose of determining whether the System meets the Performance Standard and the Response Time Standard, the performance of the System shall be judged on the basis of the following assumptions: (a) no more than ten (10) concurrent users will use the System at a given time, (b) scheduled downtime, 7 PCILiceuoe Agreement for myRevenueCollector Corpus Christi external interface failures, hardware failures and network outages not caused by the System will not be taken into account, /c\ the System will be installed using the hardware in accordance with PCyo recommended hardware configuration, and (d) such hardware will run the System and will operate in a production network environment, using industry standard network traffic mnn|toringdevices/tno|s, for the purposes of determining the System's compliance with the Response Time Standard and Performance Standard. In the case that the System does not meet the Performance Standard and the Response Time Standard, the parties yhu|U then move the System to an environment where in the hardware (provided by the City in accordance with PO's recommended hardware configuration) shall run only the System and shall operate in a stand-alone network environment. The parties shall then use this isolated environment to make e final determination as to the System's compliance with the Performance Standard and the Response Time Standard. In the case that the System continues to not meet the Performance Standard and the Response Time Standard, PC| will revise its recommended hardware configuration and procure any additional hardware and software required to meet the recommended hardware configuration atPC|'sexpense, 4.1 Response Time Standard The System shall be fully operational and available for use by the City ninety-nine and nine tenths percent (99.9%)mf the time. Response Time Standard a. Add and Update Performance Criteria—The System shall perform in a three (3) second or less response time, on odd or update ofa single database record, ninety percent (90Y6) of the time or better. b. Search Performance Criteria—The System shall perform within five (5) onrnndu or less response time, on key search items as set forth in the Acceptance Test Plan, ninety percent (90%)of the time or better. The performance of batch and or background processes, maintenance and the installation of an additional module shall not adversely affect the System performance. 5. ACCEPTANCE 5.1 Acceptance Test Plan PC[ with input from the Cby, shall develop an Acceptance Test Plan ("/([P") for the System. 5.2 Software Component Conditional Acceptance Upon PCys notification 1n the City that PC| has completed the installation of a Software Component(s) and that such Software Component(s) are ready for testing the City shall begin testing such Software Component(s) in a non-production environment using the test procedures and standards contained in the ATP, or such other standards as are mutually agreed upon in writing ("Acceptanoe Test Procedures"), to determine whether each Software Component meets in all material respects, the applicable Specifications and acceptance criteria set forth in the Agreement, the Exhibits, or such other criteria as are mutually agreed upon in writing /"User Acceptance Testioc°\. After the City has completed the User Acceptance Testing for a Software Component and has operated such Software Component for up to ten (10) calendar days in accordance with the Specifications, the City yhe|| nn1[fv PC| in writing that "Conditional Acceptance" of such Software Component (or the entire System, as the case may be) has occurred. |f the City determines that a Software Component, Orthe System as avvhn|e, does not perform as provided for in this Agreement, the City shall deliver to PO u report describing the discrepancies. PC| shall correct the errors or defects within fifteen (15) calendar days after receiving such report, and the City may re-test the Software Components and the System for an additional test period of up to ten (18) calendar days, at the end of which the process PCILioense Agreement for myRevenueCollector Corpus Christi described above in this Section shall be repeated. This procedure shall continue until Conditional Acceptance of the Software Components, or Acceptance of the System, as the case may be. 5.3 Software Component Acceptance Once Conditional Acceptance of the Software Component(s) necessary to begin Productive Use of the System, the City shall begin using the Software Components for Productive Use. Once the City has used the Software Components in a production environment for m sufficient time to test all functions of the Software Components in an integrated environment ("LiveTestino"),which period of time for Live Testing shall be no more than thirty (30) consecutive calendar days after the Go Live Date of the Software Component /as described in Exhibit /\\, and has determined that: /|\ there have been no material errors, (i|) the Software Component performs as warranted in this Agreement, and ([ii) all training Services required hereunder, and other Services described in Exhibit A, have been completed, the City shall notify PC| in writing of its "5oftvvana Component Acceptance" of the relevant Software Component In no event shall any other action or inaction by the City, including the City's use of the System, in a live, operational environment, constitute "Acceptance' of any portion of the System. Notwithstanding anything to the contrary contained herein, in no event shall Software Component Acceptance be deemed a waiver uf any right or remedy available to the City, under this Agreement, at law, or in equity as a result of any defect in a component or deliverable not discovered by the City during the User Acceptance Testing or Live Testing periods. 5.4 System Acceptance Once Conditional Acceptance of all Software Components of the System has occurred, the City shall begin using the System for Productive Use. Once the City has used the System in aproduc1ion environment for a sufficient time to Live Test all functions of the System in an integrated environment, which period of time for Live Testing shall be no more than thirty (30) consecutive calendar days after the mutually agreed upon Go Live Date of the System, and has determined that: k\ there have been no material errors, (ii) the System performs as warranted in this Agreement, and (iii) all training Services required hereunder and other Services described in Exhibit A have been completed, the City shall notify PC| in writing of its "System Acceptance" of the System. In no event shall any other action or inaction by the City, including the City's use of the System, or any portion thereof, in e live, operational environment, constitute "Acceptance" of any portion of the System. Notwithstanding anything to the contrary contained herein, in no event shall System Acceptance be deemed a waiver ufany right or remedy available to the City, under this Agreement, at law, or in equity asa result of any defect in a component or deliverable not discovered by the City, during the User Acceptance Testing nr Live Testing periods. 5.5 System Acceptance Checkpoint If after 30 days of Live Testing for the purpose of establishing System Acceptance, the City has determined that the System is meeting the criteria of e successful Live Test, as established in Section 6.4, the "System Acceptance Checkpoint" shall have been reached. The City shall notify PC| of attainment of the "System Acceptance Checkpoint" inwriting. 5.6 Correction of Errors during Live Testing |n the event that the System does not meet the Performance Standard or Specifications during the Live Testing period, PCI shall have fifteen /B\ calendar days in which to correct, modify orimprove the System to meet the applicable criteria. Thereafter, the performance period shall be extended by fifteen /15\ calendar days. if the Performance Standard and/or Specifications are not attained during the Live PC|ljcenpe Agreement for myRevenueCol lector Corpus Christi Testing Period, after a maximum of one hundred and eighty (180) calendar days, the City may pursue remedies as set forth |n this Agreement. 5.7 Acceptance of Deliverables The City will review, approve and provide written for all Non-Software Deliverables (e.g., plans, documents) in the following way: The PC| Project Manager YNU review "drafts" of each Deliverable with the City Project Manager or designee prior to formal submittal of each Deliverable. The City resource will identify in vvrbblg any required changes, deficiencies, and/or additions necessary within seven (7) business days of receipt of each draft Deliverable. For the purposes of this section, business days do not include City holidays. 4 period greater than seven /7\ business days will be allowed upon mutual agreement of the parties. PO will revise each Deliverable based on feedback from the City and submit final version of the Deliverable for review and from the City Project K4unaQec The City Project Manager will identify in vvhdng any required changes, deficiencies, and/or additions necessary within five /S\ business days of receipt of the final version of each Deliverable. A period greater than five (S) business days will be allowed upon mutual agreement nf the parties. Upon acceptance of the final Deliverable, the City Project Manager will sign ^ a Deliverable Acceptance form and shall return it to the PC| Project Manager. For final Deliverables that are rejected by the City PC| shall re-perform the Services and resubmit the Deliverable for review in accordance with the procedures outlined in this section (including the 5 day review p*rk/d). Notification of the lack of action on the acceptance of a Deliverable (no signed acceptance or no notification of required changes, deficiencies, and/or additions) will be reported in writing to the City Project Manager by the P[| Project Manager at the end of the review period following delivery. The period may then be extended for two business days at the City Project Managers request. |n the event that the PC| Project Manager does not receive written comments or signed Deliverable Acceptance form within the extended period, the Deliverable will be considered accepted. IN PCI License Agreement for myRevenucCollector Corpus Christi 6. PERSONNEL 6.1 Project Mangers Each party will endeavor in good faith to maintain one person in the Project Manager capacity during the term of this 4greemen1. Each party will also endeavor in good faith to maintain the same Key Personnel during the term of this Agreement. For the purposes of this Agreement, PC|'s Key Personnel include the Project Manager, 9njeo1 Consultant, Business Analyst/Designer, and RCS Leud, P[|'s Project Manager will have the overall responsibility for the Services until the completion of Services as provided for under the Statement of Work, and will be the City's primary contact person. If the City determines in good faith that PC|'y Project Manager or any other Key Personnel are not qualified to fulfill the responsibilities of his orher position, as defined in the Statement of Work, PC| shall substitute such individual with a qualified replacement subject to the City's approval. POvviU not reassign nr replace its Project Manager or any Key Personnel, except for extenuating circumstances. Should PC|'s Project Manager or any PC| Key Personnel leave the employ of the party during the term of this Agreement, PC| will make a good faith effort to present to the other party on individual with equal or greater qualifications as a replacement subject to the other party's approval, which will not unreasonably bewithheld. 6.2 Client Review ofResumes The City has the right to inspect the resume of and interview any PC| proposed Key Personnel prior to that key personnel's participation on the project. If the City determines, in good faith, that any of the proposed PC| Key Personnel are not qualified then PC| shall submit different candidate for consideration. 6.3 Background Checks PC| expressly agrees that all 9O personnel assigned to the Project may be subject to a background investigation conducted by the City prior to such staff reporting for work at the City's sites. Any PC] personnel having been convicted of o Felony or C|o»» | or H Misdemeanor shall he denied access to the sites and tn the City's information. 6.4 Drug-Free Workplace The City is a drug-free workplace and as a condition of continued service on the Agreement, the City may require any PC| personnel doing work at the City's site tnsubmit tnan alcohol and drug test a1 any time. 1l PC{Lic0uac Agreement for myRevenueColleetor Corpus Christi 6.5 PCI Personnel Permanency The City considers esuitable working relationship to beaproduct of several factors, not the least of which is the presumption of permanency of P[i personnel for the duration of the work effort. It is anticipated that P[| will provide a stable work force and limit disruptive personnel changes. PC|'s Key Personnel should not be removed from the project except for circumstances beyond PC| control or as otherwise requested by the City. Replacement personnel shall be identified using the same guidelines established for the initial PC| Project personnel as described above and must be approved by the City. PC|e8/eey to provide turnover and knnvx|m6ge transfer from one person to the other in the event of the removal of personnel and to make no charge 10 the City for the time associated with such turnover and knowledge transfer /up to an 80 hour transition period for the Project Manager, and up to 40 hours for other Key Personnel). PC| shall keep the City advised ona current basis as to the availability of personnel to perform work. 7.1 Infringement PC| shall defend and hold harmless the City and its officers, agents and employees from any claim or proceedings brought against the City and from any costs, damages and expenses which arise as result of any claim that is based on an assertion that the City's use of the work products under this Agreement constitutes an infringement of any United States or foreign patent, copyright or trademark provided that the City notifies 9O promptly of any such claim or proceeding and gives PO full and complete authority, information and assistance todefend such claim orproceeding and further provided that PC| shall have sole control of the defense of any claim or proceeding and all negotiations for its compromise or settlement provided that PC| shall consult with the City regarding such defense. in the event that the work products are finally held to be infringing and its use by the City isenjoined, PU shall, at City's election: (1) procure for the City the right to continue use of the work products; ( modify or replace the work products so that they become non-infringing; or (3) if procurement of the right to use or modify or replace cannot be completed by PC|, refund to the City one (1.0) times the fees paid for the work pnoduct If the City modified the work products in any manner without the prior written consent of PC| and such modification is determined by court of competent jurisdiction to beacontributing cause of the infringement, the City will share proportionately in the cost of the defense and damages. In the event PO updates the work products and the City does not have a current Maintenance Agreement with PC|, PC| shall provide the Modified Work Products to the City at no charge. PO shall have no liability hereunder if the infringement vvnu|d have been avoided by the City's use of either: i\ the most current revision of the work products or ii) the Modified Work Products, provided that PC| provided the City, with adequate notice that such use was required to avoid an infringement claim and provided access to such products The foregoing states PC|'s entire liability and the City's exclusive remedy with respect to any claims of infringement of any copyright, patent, trademark, or any property interest rights by the work products, any part thereof, or use thereof. 12 POLinense Agreement for myRevenueCollector Corpus Christi 7.2 Injury, Property, pr Other Damage PC| shall indemnify, defend, at its expense, and hold harmless the City from and against any and all claims, demands, judgments, awards, liabilities, losses, damages, and expenses including reasonable attorneys' fees, arising out of or relating to bodily injury or death of any person, or to damage to tangible personal or real property, arising out of or relating to the negligence or willful misconduct of PC[ its officers, agents and employees in their performance under this Agreement, unless such injury is caused by the sole negligence or concurrent active negligence of the City, its officers, employees, or agents. If PC|~s negligence combines with the City's active negligence to cause injury, the parties agree that liability will be apportioned as determined by a court ofcompetent jurisdiction. 7.3 Services P[| shall indemnify and defend, at its expense, and hold the City harmless from and against any and all claims, demands, judgments, awards, |hubUide4 losses damages, and expenses including reasonable attorneys' fees, based on allegations, of nnn'paynment from PO's subcontractors arising out ufor related to services performed or products provided bv them hereunder. 7.4 Technology PC| shall |ndemnhfy, defend, and hold the City harmless from and against any and all claims, demands, judgments, awards, liabilities, losses, damages, and expenses, including reasonable attorneys' fees, arising out ofPC|'s failure to observe and follow any written requirements or specifications issued by manufacturers, vendors, or lessors of equipment, software, and other products furnished by the City, for use by PO under this Agreement; provided however that (i) the City shall be responsible for obtaining any consents required or necessary for PCI to use such equipment, software or other products provided by the City and 0\ unless such requirements or specifications are already in PC|'s possession, the City shall provide PO with written copies thereof. QL OWNERSHIP OpWORK PRODUCT All inventions, discoveries, Deliverables, intellectual pruperty, technical communications and records originated nr prepared by P[| pursuant to this Agreement including papers, charts, computer programs, and other Documentation or improvements thereto to the extent that such materials are described in or required by the Statement of Work (collectively, the "Work Product") shall be PC|'s or the third party supplier's exclusive property. PC| hereby grants the City unlimited, irrevocable, vvor|d'm/ide,perpetuo|,roye[ty'freenon-exc|ush/edghtsand|iconomxtnuse, modify, reproduce, perform, release, display create derivative products from and disclose the Work Product, subject to the confidentiality provisions contained in Section 17 of this Agreement. 13 PCI License Agreernent for myRevenueCollector Corpus Christi 9. LIMITATION OF LIABILITY AND DISCLAIMERS Subject to the express provisions and limitations of this Section, the parties intend that each party shall be liable to the other party for all actual, direct damages incurred as a result of the breaching party's failure to perform its obligations. (a) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED BELOW, THE AGGREGATE CUMULATIVE LIABILITY OF THE CITY HEREUNDER FOR ALL CLAIMS ARISING UNDER OR RELATING TO THIS AGREEMENT, NOTWITHSTANDING THE FORM (e.g., CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) IN WHICH ANY ACTION IS BROUGHT, SHALL BE LIMITED TO THE AMOUNT OF CHARGES OWED AND UNPAID FOR SERVICES RENDERED. (b) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS SECTION, THE AGGREGATE CUMULATIVE LIABILITY OF PCI HEREUNDER FOR ALL DAMAGES ARISING UNDER OR RELATING TO THIS AGREEMENT, NOTWITHSTANDING THE FORM (e.g., CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) IN WHICH ANY ACTION IS BROUGHT, SHALL BE LIMITED TO -1.5 TIMES THE CONTRACT VALUE. THE FOREGOING LIMITATION UPON THE AMOUNTS OF PCI'S LIABILITY SHALL NOT APPLY TO: (A) PCI'S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT), (B) PCI'S CONFIDENTIALITY OBLIGATIONS UNDER THIS AGREEMENT); (C) CLAIMS BASED UPON PCI'S FAILURE OR REFUSAL TO CONTINUE SERVICES IN VIOLATION OF SECTION 20; OR (D) ANY DAMAGES FOR BODILY INJURY (INCLUDING DEATH) AND DAMAGE TO REAL PROPERTY AND TANGIBLE PERSONAL PROPERTY. THIS LIMIT ALSO APPLIES TO SUBCONTRACTORS OF PCI, (c) NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF FORESEEABLE OR IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM' IN WHICH ANY ACTION IS BROUGHT (E.G., CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION AND IN THE CASE OF LIABILITIES BASED UPON: (1) CLAIMS FOR INDEMNIFICATION), OR (2) CLAIMS WITH RESPECT TO A BREACH OF CONFIDENTIALITY. (d) NOTWITHSTANDING THE FOREGOING, PCI ACKNOWLEDGES AND AGREES THAT, SUBJECT TO THE ABOVE LIMITATION ON ACTUAL DAMAGES, THE TYPES OF DAMAGES THAT THE CITY MAY RECOVER FROM PCI SHALL IN ALL EVENTS INCLUDE ALL ACTUAL DIRECT COSTS AND EXPENSES PAID OR INCURRED BY THE CITY AS A DIRECT RESULT OF ANY FAILURE BY PCI TO PERFORM ITS OBLIGATIONS HEREUNDER, INCLUDING ANY ADDITIONAL COSTS INCURRED BY THE CITY TO OBTAIN REPLACEMENT SERVICES COMPLYING WITH THE TERMS HEREOF AND TO ADDRESS, AND TO MINIMIZE OR AVOID THE CONSEQUENCES OF, THE BREACH AND THE ADDITIONAL AMOUNT THE CITY ACTUALLY HAS TO PAY FOR REPLACEMENT SERVICES. 14 PCI License Agreement for myRevenueCollector Corpus Christi 10.1 Performed Services PCII warrants that its Services will be performed consistent with generally accepted industry standards. PC| further warrants that the modules have been configured as agreed to by the City and PO to comply with requirements as set forth in Exhibit E, as may be modified by mutual agreement of the parties during the pre-implementation project review stage ("Gap Analysis"). 10.2 Operate in Substantial Conformity with Product PC| products are warranted to operate in substantial conformity with product specifications upon System configuration and certification, during the Initial Warranty period and for any Warranty Extensions that may be purchased thereafter. in addition, PQ products will materially and substantially include the functionality listed in the |nfur Functional and Technical Requirements designated as "T" response for PC| products. |nfor Functional Specifications are incorporated by reference and included as Exhibit Eto this agreement. PO warrants that Services and Products shall be provided in a timely and professional manner by qualified personnel and that PO has the right to license the System provided under this Agreement and that the System does not infringe upon any rights of third parties. I0L3 Meet Requirements include Exhibits PC] warrants that the System shall meet the requirements of this Agreement including Exhibits. 10.4 Free uf Programming Errors PC| warrants that the System shall be substantially free from programming errors, viruses, and defects. 10L5 PQ/7esbVmg PC| umna/ts that the System shall be thoroughly tested bxPC|. PC| also warrants that the System will be compliant with Americans with Disabilities Act. 10.6 Computer Hardware Environment PC| warrants that the System shall operate on the computer hardware in accordance with P[|'s recommended hardware configuration. 10.7 Performance Standards PCI warrants that the System shall meet the Performance Standard and the Response Time Standard as met forth in Exh|b|t [ of this Agreement for five (5) years from the date ofCutover. After Cutover, the Performance Standard and the Response Time Standard requirement shall be effective only in the event that the City rnaNan necessary upgrades based upon the Annual Review of the System. 10.8 Correction of Nonconformity or Defect PC| shall not be obligated to correct or otherwise remedy any nonconformity or defect in the System if the City has made any application software changes to the System without the approval of RC| or if the City has not reported to P[| the existence and nature of such nonconformity ordefect promptly upon discovery thereof. 15 PCI License Agreement for rnyRevenueCollector Carpus Christi 10.9 Fixes, Feature Release and Version Releases All Fixes Releases, Features Releases, and Versions Releases, applied to, or installed on, the System shall be incorporated into the Warranty. 10.10 Initial Warranty The Initial Warranty shall become effective upon the System being put into production use by the City, and continue as long as Client pays support and maintenance. 10.11 Warranty, Extensions Warranty Extensions shall include Maintenance and Support Services Annual renewals will be automatic, for o n e - y e a r from the expiration of the initial warranty, unless cancelled by written notice from the City. PCI agrees that pricing regarding Warranty Extensions will remain valid, prorated, and invoiced in advance, to an annual billing cycle. 10.12 System Functionality Warranty PCI represents and warrants that all PCI - provided System Software configurations, modifications, customizations, data conversions and interfaces (i) shall function properly and in accordance with the design document, separately and as a fully integrated system, and (ii) when operated together will not cause any material delays, defects, or problems with the City and Infor System Software, subject to any capacity constraints of the City's communications network environment. PCI further warrants that the System Software functionality that is identified in Exhibit A as "Fully `Out of the Box', " will be delivered to the City by PCI, to the maximum extent possible, without modifications to the System Software or the source code, bolt -on programs, or extensive workarounds. In addition, PCI warrants that the modifications to the System Software performed by PCI hereunder will not detract from or otherwise interfere with the full functionality of the System Software as described in the Specifications and Acceptance Criteria. 10.13 Payment Card Industry Standards Warranty PCI represents and warrants that the Payment Card Industry Standards do not apply to the Software and Services being provided under this License Agreement. 10.14 Warranty Disclaimer PCI DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ALL WARRANTIES ON PRODUCTS FURNISHED HEREUNDER, EXCEPT THOSE SPECIFICALLY STATED ABOVE, INCLUDING ALL WARRANTIES OF MERCHANTABILITY. THE ABOVE WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, AND REPRESENTS THE FULL AND TOTAL OBLIGATION AND /OR LIABILITY OF PCI. 10.15 Warranty Remedy For a violation of any of the forgoing warranties, the issue shall be escalated through the PCI help desk escalation procedures as described in Exhibit C. if the issue cannot be remedied after completion of the escalation procedures in Exhibit C, then Licensee may pursue any legal remedies available. 16 PCILioense Agreement for myRevenueCollector Corpus Christi 11. TERMS OFPAYMENT 11.1 Introduction Exhibit Asets forth the charges with respect to the Services, which charges the City, shall pay toPCI subject to PC|'n performance of its obligations under this Agreement and the limitations set forth in the Agreement. The sole consideration for all of the Services and other matters provided by PQ under this Agreement io set forth in this Exhibit A. 11.2 Pricing The ERP Implementation Services to be provided by PC| as described in the City of Corpus Christ — |nfor Statement ofWork /°|nforStatement of Work") will be charged to the City by 1ufoz, on a fixed fee basis, vvhjcb includes all PC[ travel and all PC| Reimbursable Expenses. "Fixed fee" means that PC| will perform under the /nfnr5tatennent of Work (as may be modified by agreement of the parties) even if PC| is required to expend more than the number ofhours used to determine the cost set forth in the |nfor Statement of Work and will not charge the City for such excess hours or expenses unless otherwise permitted under this Agreement. Any duly authorized change orders 10 the |nfor Statement of Work related to the services to be provided by P[| shall be billed at the same rates in effect at the time of execution of this License Agreement. in no event will the cost 0o the City of the Products, including travel and reimbursable expenses and excluding third party software, exceed the price as set forth in Exhibit A, unless agreed upon in advance in writing signed by authorized representatives of the parties through the Change Order process outlined in Section 2 pf this Agreement. Services 10 be provided by PC] after completion of ERP Implementation Services under a duly authorized separate statement ofwork between the City and PO will be provided at then current PO rates in effect . 11-3 Payment PC| will submit invoices for Products delivered to the City upon execution of the License Agreement The City will not be billed or be liable for any charges other than those described and authorized in this Agreement. The City will pay |nfor for Implementation Services actually performed by PC| and for Reimbursable Expenses actually incurred, which were provided in accordance with the Statement of Work between City and |ofor, for amounts not to exceed fixed fees identified in the |n6nrStatement of Work.. Documentation uf expense items will be made available to the City upon request. 11'4 Invoicing P[| shall issue itemized invoices that reflect delivery of Products. Invoices shall be sent tothe City at P.O. Box 9277, Corpus Christi, Texas 78469'9277. PC[ shall submit such invoices and detail: (a) the Services performed (e.8, each activity, task, and/or mi|estone); and (b) with respect to the New Services, if being billed on a time and materials basis, the number of hours and corresponding fees attributable to each such person's performance of such Services, and shall be in the format agreed upon by the parties. The City shall pay all undisputed invoices properly issued within its normal payment cycle (thirty (30) days from receipt of invoice). U PC{Liceuse Agreement for myRevenueCollector Corpus Christi 12. TERMINATION The Services to be provided under this Agreement may be terminated in whole or in part, by the City in accordance with this Section whenever the City determines that such termination is in the hest interest of the City, which termination shall be effective at 11:59 p.m. on the intended date of termination (the "Termination Date"). Any such termination shall require a minimum of thirty /30\ dam/ written notice and shall be effected by delivery to P[| of notice specifying the extent to which provision of services under the Agreement are terminated, and the date upon which such termination will become effective (the "Termination Notice"). In the event the City elects toterminate any category ofService (but not all Services in the aggregate) pursuant to the terms hereof, PO shall perform its Disentanglement obligations hereunder to the extent applicable to the Service or Services being terminated. In the event of all or any partial termination of the Services, PC| shall be entitled to the unpaid Fees for Services actually rendered up to and including the applicable Termination Date, on a time and materials basis, at the then current PC| hourly rate for each of the PC] Personnel assigned to perform such unpaid Services in connection with the undelivered Deliverables that were to be provided or the tasks to be performed under Exhibit A. in the event of such early termination, the City and PC] shall negotiate an equitable additional payment to 1 which shall take into account PC|'scost of termination of third-party software licenses, and for leases of equipment and real property, entered into for and on behalf of the City in connection with this Agreement. The City shall also return any m*tainageo of the Fees for services in connection with previously delivered Deliverables nr completed milestones and P[| shall be entitled to retain any software license fees paid the City . In the case of any such xnftwana license fees being retained by PC|, the City shall continue to enjoy the right to use the software; provided, however, that PC| oho|| not be obligated to maintain or support the software. If within sixty (60) days fo||ovvim8 the Termination Date, the parties have not agreed upon the amount of Services rendered as of the Termination Date or the amount of such additional payments, the issue will be treated wsa dispute under this Agreement. Upon termination, PO will provide the City with working documents, notes, and data assembled prior to PC|'s receipt of notice, and the City will pay pC/ for professional services completed prior to said notice. P[| will refund software license fees that have been paid to date by the City, provided that termination |s for cause. 18 PCTlineuoe Agreement for myRevenucCollector Corpus Christi 22.1 Disentanglement In connection with any expiration or termination of the Tenn of this Agreement or of the provision of any of the Services provided hereunder, PC/ shall take all actions necessary to accomplish a complete and timely transition from PC| to the City, or to any replacement providers (collectively, the "New Consultant" or "NC") designated by the City, of the Services being terminated (a "Disentanglement"), without material impact on the Services or any other Services provided by third parties. PC| shall cooperate with the City and the N[ and otherwise take all steps reasonably required to assist the City in effecting a complete and timely Disentanglement. PC| shall provide the City and the NC with all information regarding the Services or as is otherwise needed for Disentanglement, subject to NC agreeing to maintain the confidentiality of PC| confidential information. PC| shall provide for the prompt and orderly conclusion of all work, as the City may direct, including completion or partial completion of projects, Documentation of work in process, and other measures to eoxune an orderly transition to the City or the City's NC. PC| shall provide any additional Disentanglement Services as City reasonably requests for period of up no one (1) year, on a time and materials basis, atthe then current PC| hourly rate for each PU Person that is reasonably required to perform such Disentanglement Services as requested byCity. 13. SURVIVAL The terms of Section 8, Indemnification, Section 12 Software License, Section 17, Protection and Security of Confidential Data, and Section 27, General shall survive the termination of this Agreement. 14. INSURANCE P[| shall procure and maintain, during the performance of this Agreement, Comprehensive General Liability insurance and Worker's Compensation and Disability coverage for PC|emmp|nyeem where services are to be performed, and such other insurance coverage insuring against loss o/damages to the City's property and/or personnel caused by PC| activities. PClsha|| not commence work under this Agreement until PO has obtained all insurance required under this Paragraph and the City has approved such insurance, nor shall PC| allow any subcontractor to commence vvurh on its subcontract until all similar insurance required of the subcontractor has been so obtained and approved. The City will be named on all liability policies as "Additional Named Insured" for the proposed vvu/k. All liability policies will be written in an "occurrence" form unless otherwise specifically approved by the City. 14.1 Womker"s Compensation Insurance and Insurance PC| shall take out and maintain during the life of this Agreement the applicable statutory Workers' Compensation Insurance with an insurance company authorized to write such insurance in all states covering all its employees, and in the case of any work sublet, PC] shall require its subcontractors similarly to provide statutory Workers' Compensation Insurance for the |at1er's employees. PC| shall take out and maintain during the life of this Agreement, Employer's Liability insurance with a limit of $1,000,000 per accident/injury by an insurance company authorized to write such insurance in all states where PO will have employees located in the performance of this Agreement and 9C| shall require each of its subcontractors similarly to maintain Employer's Liability Insurance on its employees. 19 PCIGcense Agreement for myRevenueCollector C01pus Christi 14.2 Public Liability insurance 14.2.1 PC| shall maintain during the life of this Agreement such Public UabUhv insurance as shall protect it against claims for damages resulting from bodily injury, including wrongful death, and property damage, which may arise from operations under this Agreement whether such operations be by itself or by any subcontractor or anyone directly or indirectly employed by either of them. The minimum acceptable limits of liability to be provided bv such Public Liability insurance shall beamfollows: a. Bodily Injury Limits: $1 Each Person S2,8O[\OOD Each Occurrence b. Property Damage Limits: $S08J]U0 Each Occurrence $1,000,000 Aggregate 14.2.2 The Public Liability insurance required by the preceding Sub-paragraph 142.1 shall include the following extensions of coverage: the coverage shall be provided under a Commercial General Liability form of policy or similar thereto. 14.3 Insurance P[| shall require each of its subcontractors to take out and maintain during the life of its subcontract the same insurance coverage required of P[| under Sub-paragraphs 14.1 and 14.2, including the extensions of coverage required under Sub-paragraph 14.2. Each subcontractor shall furnish to PO two (2) copies of Certificate of Insurance and such Certificate shall contain the same information required in Sub-paragraph 14.4. PC| shall furnish one (I) copy of the Certificate tothe City . 14.4 Certificate mfinsurance PCI shall furnish the City with a copy of Certificate of insurance evidencing policies required in Sub- paragraphs 14.1, 14.2, and 14.3. Such Certificate of Insurance shall specifically indicate that the Public Liability Insurance includes all extensions of coverage required in Sub- paragraph 14.2.2. Such Certificate of insurance shall specifically State that the insurance company or C0nlpaniGS issuing such insurance policies shall endeavor to 0k/e the City at least thirty (]O) days written notice in the event of cancellation of, or material change |n, any of the policies. If coverage on said Certificate(s) is shown to expire prior to completion of all terms nf this Agreement, PC| shall furnish a Certificate of Insurance evidencing renewal uf such coverage to the City. 14.5 Insurance Company and Agent All insurance policies herein required ofPC| shall be written by a company duty authorized by Federal or State law and licensed to do business in the State of and 6e executed bv some agent thereof duly licensed asan agent |n said state. 20 PClLiceuoe Agreement for myRevenueCollector Corpus Christ 25 PROTECTION AND SECURITY Of CONFIDENTIAL INFORMATION 15.1 Responsibility of Each Party Each party shall: (a) Maintain the confidentiality ofthe Confidential information of the other party sub to compliance with Texas Public Information Act (b) take steps to minimize the dissemination or copying of the Confidential information of the other party except to the extent necessary and appropriate to perform its obligations under this Agreement; (c) use the same mare to prevent disclosure of the Confidential Information of the other party to third parties as it employs to avoid d|odoouna, publication, or dissemination of its own information of a similar nature, but in no event less than a reasonable standard of care; (d) use the Confidential information of the other party solely for the purpose of performing its obligations under this Agreement; (e) not acquire any express or implied right or license under any patent, copyright, trade secret, or other right or assert any lien against Confidential Information of the other party; (f) promptly return, or provide a copy of, as the requesting party directs, Confidential Information upon the request of the other party (provided that PC| may retain such Confidential Information as it requires in order to perform the Services for so long as it is required to perform such 5en/ices);and /A\ use CO[DUl8rCia||y [e@S0OaN8 efforts to iNf0[00 its employees, agents, and subcontractors who perform duties with respect to this Agreement about these restrictions. 25.2 Disclosure of Confidential information Each party may dbdoma Confidential Information of the other party to its employees, agents, and subcontractors who have: U\ a need to know such Confidential Information in order to perform their duties; and UU o |eQo| duty to protect the Confidential Information. A party receiving Confidential information of the other party assumes @mU responsibility for the acts or omissions of its subcontractors and employees with respect to such Confidential Information. Notwithstanding the foregoing, in no event shall PC| disclose or otherwise reveal any portion of the City's Confidential Information to any Affiliate of P[| without the City's prior written consent. 15.3 General Security PC| shall follow all security practices, policies and procedures set forth by the City and will make every effort to ensure the security of the City's network, systems, and software while performing the contracted services and work identified in this Agreement. The connection of any electronic device and/or equipment (includ but not limited *o, computers, personal digital assistants ("PDA's"), "B|ackBern/ devices, smart phones, cellular phones, routers, and switches) to any device on the Oh/s network infrastructure is prohibited without prior authorization and must be (where applicable) scanned for viruses, malicious rode, worms, etc. by the All PC| personnel working on-site for any period of time that require the use of their uxvn personal electronic devices shall have the latest operating system security updates and a generally accepted anti-virus software installed (where applicable) with the latest updates and virus definitions on these devices. The use of any software (e.� password decoders, network sniffers, ports or security scanners) is prohibited without prior authorization by the City. 21 PCl[iceose Agreement for myRevenueCol lector Corpus Christi The use of any software (e.g., password decoders, network sniffers, ports ur security scanners) is prohibited without prior authorization by the City. ACkv issued user-id and password is required forPCyy employee requiring access 1othe City's network and systems. ACitv issued building access card is required for PC's employees tn access City office spaces. Under no circumstances shall City user-ids and passwords be revealed, released, or otherwise disseminated to anyone other than those 10 whom they one assigned. Under no circumstances shall City building access cards be shared or otherwise disseminated tu anyone other than those to whom they are assigned. PO will be required to sign the City's security and access policies. 15.4 Clients System Data PC/ agrees to protect the confidentiality of the information maintained by the City and further warrants that any PO staff assigned to the Project will nut beyond that necessary for this Agreement, release, disseminate, copy or otherwise utilize, for any purpose, any other information of the City without the Oh/s prior written authorization, 22 P[|iicCuau Agreement for myRevenueC n}lcutoz Corpus Christi 16. ASSIGNMENT Neither party shall assign or transfer this Agreement nor any rights or obligations hereunder. 17. NOTICES All notices given between parties shall be in writing and shall be considered properly sent by postage prepaid United States Mail or Country of Origin Mail to the persons identified below: For: PC|, LLC. Alastair Main, President 4893VV Waters Ave, Suite E Tampa, Florida 33634 Additional Information: Telephone: (813) 085-7974 E-mail: Fax: (813) 882-4577 For: City Director of Municipal Information Systema City of Corpus Christi, 1201 Leopard St Corpus Christi, TX 78401-2825 Additional information: Telephone: (361) 8Z6-Z489 Fax: E-mail: 23 PCI License Agreement for myRevenueCollector Corpus Christi 18. DISPUTE RESOLUTION 18.1 Left blank. 18.2 Project Managers Rmsm6ubkmn in the event of any dispute or disagreement between the parties which does not require immediate legal relief, whether with respect to the interpretation of any provision of the Agreement, or with respect to the performance of either party hereto each of the parties will have their respective Project Managers meet for the purpose of endeavoring to resolve such dispute or negotiate for an adjustment to such provision. If a resolution to such dispute does not occur during such meeting nr within five (5) business days thereafter, the parties agree to elevate the dispute to a meeting of the Project Steering Committee. If a resolution 1n such dispute does not occur during such meeting or within five (5) business days thereafter, the parties agree to elevate the dispute to the Vice President level ofP[|and the Director level of the City. . 18.3 No Termination mr Suspension oYServices Notwithstanding anything to the contrary contained herein, and even if any problem ur other dispute arises between the parties and regardless of whether or not it requires at any time the use of the dispute resolution procedures described above in no event nor for any reason shall PCV interrupt or suspend or terminate the provision of Services to the City or perform any action that prevents, impedes, or reduces in any way the provision of Services or the City's ability to conduct its activities, unless: (i) authority to do so is granted by the City or conferred by a court of competent jurisdiction; or (ii) the Tenn of this Agreement has been terminated and P[| has performed its obligations with respect to a Disentanglement; or (iii)ur the City has failed Lo 9ayP[| undisputed invoices that are past due in excess of sixty /60\ days after receiving notice from PC| of such delinquency, in the event that the City fails to make Such full payment within Said 60-day period, PC| shall grant to the City an additional thirty /30\ days to render full payment provided that the Qty requests such additional thirty 24 pCI[iceaSe Agreement for myRevenueCollector Corpus Christi 19. FORCE MAJEURE Neither party shall be deemed to be in default of any provision of this Agreement or be liable for any delay, failure in performance, or interruption of service resulting from act of war, act of God, act of civil or military authority, civil disturbance, or any other cause beyond its reasonable control, 20. INDEPENDENT CONTRACTOR PO shall at all times ad as an independent contractor in the performance of this Agreement. Neither PC| nor its employees or agents shall represent themselves to be or be deemed to be employees of the City, 31. SOLICITATION OF EMPLOYEES PROHIBITED Unless the other party consents, neither party will solicit, entice, hire, or otherwise interfere with the employment relationship of the other as a result of work under this Agreement for a period of six (6) months after final payment for acceptance of the System. Advertising in publications of general circulation or advertising or solicitation through other public media shall not constitute such prohibited solicitation. 22 PRIME VENDOR RESPONSIBILITIES PC| may provide third party software and hardware, which they are authorized to offer, provided it meets the terms of this Agreement. P[| shall act as the prime vendor for any software or hardware provided by other suppliers, and shall assume full responsibility for the procurement, warranty, maintenance, and support nfsuch items. Any such third party software and/or hardware shall be deemed part of the System. In such case, PO shall be considered the on|e point of contact with regard to all stipulations, including payment of all charges and the meeting of all terms of this Agreement. 23. NON-APPROPRIATION it is understood and agreed between the parties that the City shall be bound hereunder only tu the extent that the funds are appropriated and budgeted for the purpose of this Agreement. In the event no funds or insufficient funds are appropriated and budgeted in any fiscal year for payments due under this Agreement, the City will immediately notify PC| of such occurrence and this Agreement will terminate on the last day of the fiscal period for vvh|oh appropriations were received. 25 PCI License Agreement for myRevenueCollector Corpus Christi 24 GENERAL 24.1 Applicable Low and Venue This Agreement is made in and shall be governed bv the laws of the State of Texas. In the event of litigation, venue shall be in the Circuit Court of the Cby. This provision shall not he construed to prevent a party from instituting and a party is authorized to institute formal proceedings to avoid the expiration nf any applicable limitation periods. 24.2 Severability If any provisions of this Agreement are held to be unenforceable, this Agreement shall be construed without such provisions. 24.3 N/akmY The failure byaparty to exercise any right hereunder shall not operate aso waiver ofsuch party's right to exercise such right or any other right in the future. 244 Changes This Agreement may be amended only by a written document executed by a duly authorized representative of each of the parties. 24.5 Taxes PC| stipulates any taxes, whether specifically identified in this Agreement or not which are imposed currently or in the future, by any authority with the power of taxation in connection with the sale of licensed software, hardware, services and/or maintenance shall be paid by the City. The City represents it is exempt from federal excise and local taxes and shall provide certificates ofexemption 10PC| upon request. 25. DEFINITIONS "Acceptance" ohmU have the meaning described in Section 6 of this Agreement. Acceptance may be further defined as "Conditional Acceptance," "System Acceptance," or "Software Component Acceptance" osiy further described in Section 8. "Annual Review" shall have the meaning described in Section 1.4.2 "Change" means a change to the scope of the Services. "Change Order" means o document describing potential or actual changes to the scope of the Services, as further defined in Section 2 of this Agreement. "City Project Manager" means the representative of the City desi8natedto oversee the provision ofthe Services by PCI on a day-to-day basis. "Deliverables" means the items identified as "Deliverables" or a "Deliverable Material'. 26 PCI License Agreement for myRevenueCollector Corpus Christi "Design Document" means o document detailing the changes to be implemented into the "Documentation" means publications relating to the System, such as reference, user, installation, system administrator, and technical guides. "Fees" means the fees payable by the City to PU hereunder in consideration ofPCys provision ofthe "Features Release" means a major release of Software containing significant product enhancements and improvements including Fixes Releases since the last Features Release, "Fixes Release" means a minor naksams of Software containing primarily error corrections. A Fixes Release may also contain limited improvements that do not affect the overall structure of the Software. "Go-Live Date" means the date on which e Software Component or the entire System, as the case may be, have entered Productive Use "Initial Warranty" means the initial period of time during which PCI warrants the System and Deliverables, as is further described in Section 11. "Live Testing" shall have the meaning described in section 6. "Maintenance and Support" means various services provided by PC|to the City in support of the [bvs on-going use of the System. "PC| Personnel" means the PC| Project W1anager, the Key Personnel, and all employees ufPC[and all employees of subcontractors of P[[ who are providing the Services at any time during course of this Agreement. An individual within such description is a "PC] Person." PC| shall make available the number of P[| Personnel necessary Co properly perform PCyy obligations under this Agreement. At any time, upon the request of the City, PC| shall provide the City with a list of all persons who at such time are PO Personnel, which list shall include the positions occupied by each such person. "PC| Project Manager" means the PC| Person designated to manage the n of the "Prodmcts" means, collectively, the Hardware, Software, and Third Party Software provided by PCI and required for implementation of the System. "Productive Use" means use of the System to run the business of the City. "Project" means the Services and Products to successfully implement the System in accordance with the Project Plan. WA pC%Lkeose Agreement for myRevenucCollector Corpus Christi "Reimbursable Expenses" are reasonable travel, lodging, and meal costs incurred by PC I. The following points describe Reimbursable Expenses and limitations thereon in more detail: m Airfare will be based on the lowest coach fare available for the date and time of travel, including change fees if necessary, provided that such airline travel schedule does not create undue inconvenience to PC| personnel travel schedules, i.e. weekend travel, etc., or extended layovers. Defining such "inconvenience" for the purposes of expense reimbursement shall rely on the reasonable, mutual agreement of the parties. 0 Travel by vehicle based nn the rate set forth in the City Travel Policy. 0 Rental car will be based on the lowest rate available, at the arriving airport, for a vehicle that meets the needs of the person(s) traveling, including fuel. in most cases, a mid-size or smaller car will be used. However, a larger vehicle may be required bayed on the number of people traveling and the equipment that |s being carried. w Lodging will be based on the best available rate for a hotel which provides appropriate facilities for the person(s) traveling to perform any necessary business related tasks and is readily accessible to the project's location. 0 K8ea|4 i.e. breakfast, lunch and dinner, will be based on nurmo||v acceptable costs for residents uf the City and it will exclude alcohol. a Reasonable parking fees for parking while at the City. 0 Reasonable parking fees for parking at the departure airport or transportation fees for travel tn the departure airport. "Services" means the installation, implementation, integration, configuration, and other services with respect to the System that PC| is engaged to perform pursuant to this Agreement "Software" means the licensed p^o8marny myRevenueCo|lector /Revenue Collection System or RCS) identified |n this Agreement. "Software Component" means a portion of System which will be tested and accepted in accordance with the procedures described in Section 6 of this Agreement "Source Code" means the human-readable program instructions in their original form, for the "System Acceptance" shall have the meaning described by Section 6.4 'System" means the myKevenueColector ("Revenue Collection System" or "RCS") System described in the Documentation. The System includes the Software, Third-Party Software, modifications, configurations, and any custom programming as well as all revisions and customizations to any orall of the above software which may be required to implement the system. "Warranty Extension" means an extension of the Initial Warranty Period. The City will be considered to have a Warranty Extension as long as it receives Maintenance and Support from PCI. "Work Product" shall have the meaning described in Section 9.1 P[Iiiceosc Agreement for myRevenueCol lector Corpus Christi WHEREFORE, the parties hereto execute this Agreement by their duly authorized representative or officer. City of Corpus Christi PCII LLC By: By: Title: Title: Date: President IT IQ A L-1 -1-11bv tArlfcullliau ivi myisxvcriuet-oijecior Exhibit A - Pricing Proposal corpus (�Dxlsti CORPUS CHRIST[, TEXAS myReven ueCol lector from PCI LLC -- INFOR Partner Quote Prices effective through July 31st, 2013 myRevenueCollector.com (RCS) $6,000 per workstation $6,00 1 0 Ten (10) seat $60,000 Centralized Cashiering Software licenses rriyRevenueCofiector.com (RCS) Interface License(s) with Financials $3,000 Two (2) Interfaces $ 6,000 Interface with INFOR Financials G/L and A/P Interfaces, additional Interface Software, Interface License, Batch; $12,000 None (0) Quoted $ - 0 - - Estimate Minimum Interfaces with Other City Systems Near Real Time and/or Real Time - Estimated as one, but any number can be arranged. Can be Quoted. SOFTWARE SUBTOTAL SOFTWARE J $66,000 Check2l Software See Exhibit B for details $15,000 $15,000 Cashiering Hardware See Exhibit B for details $ 1,929 $19,290 RECOMMENDED CASHIERING HARDWARE AND $34,290 SOFTWARE SUBTOTAL TOTAL REQUIRED AND RECOMMENDED $ 100,290 HARDWARE, SOFTWARE, PROFESSIONAL SERVICES AND TRAVEL ANNUAL SUPPORT, UPGRADES & MAINTENANCE ANNUAL $17,520 FOR REQUIRED AND RECOMMENDED SOFTWARE Mote #1' Sales TaYP.qqnd/nranv nthPrtqYP ifqnn1ie-.:qh1P. ;;rp F-Ytrn Note #2 If recommended Check2l software is not selected, Annual Support will be reduced $3,000 *Professional Services are being provided by PCI in accordance with the City of Corpus Christi - Infor Statement of Work. 30 PCI License Agreement for myRevenucCollector Corpus Christi Exhibit B - Recommended Cashiering Hardware and Pricing Options City of Corpus Christi Standard Cashiering Investment Schedule MagTek Magnetic Stripe Reader: ■ USB 2.0 Interface • Off White or Black $ 110.00 each Epson TM-H6000IVwith Validation: $ 795.00 Each ■ USB 2.0 Interface ■ With MICR ■ Off White or Charcoal Canon CR-50 Check Scanner: • USB 2.0 • 50 checks\minute • 100 images\minute • OCR reader $ 695.00 Each Epson EP-127 Cash Drawer $ 329.00 Each • Epson Interface • Ind, Insert Tray 0 Lockable Lid • Under Counter Bracket • Off White or Black Hardware Magnetic Stripe Readers 10 @$ 110.00 each $ 1,100.00 Epson TM-1-1160001V Thermal Receipt Printers 10 @ $ 795.00 each $ 7,950.00 Canon CR-50 Check Scanner 10 @ $ 695.00 each $ 6,950.00 Epson Cash Drawers 10 @ $ 329.00 each $ 3,290.00 Hardware Sub Total $ 19,290.00 Included $ 0.00 Total Hardware $ 19,290.00 Reimburse Freight Charges Freight invoiced at actual cost. $TBD 31 PClLicenmu Agreement for myRevenueCollector Corpus Clu Hardware Notes: 1. Hardware is quoted in a fashion that identifies complete herdvvona workstations for all users. Of Courae, hardware will be purchased to reflect the actual needs of the workstations as ultimately configured. 2. Proposed hardware is covered with m one-year poda and labor warranty serviced by nmai|, um|nse atedmd otherwise. Extended vvarnonb/ and hardware maintenance pricing options can be submitted separately. Check Imaging: PC| currently supports check imaging via the use of the PC|myRovenueCo| lector Check Imaging Module which is included in the Standard Cashiering Investment Schedule and uses the Canon CR- 5O desktop check scanner with m cost of$895.O0 per unit. Check 21 (optional or future add|t|mn): Cheok21 which will perform all of the standard imaging functions and also create oo|CL (Image Cash Letter) file creation, In simplest terms, it creates a folder at the end of a cashiering cycle that the Jurisdiction picks up (electronically of course) and forwards to the bank (also electronically) thus reducing the Jurisdiction's need to manually prepare a deposit slip for checks received. For more information on the benefits ofCheuk21 please visit this site: Th*n*|aaohnrgeoauoC|atgdvvdhCheok21—$15,QOOeofhmone|icensahee(onaUme)andan ongoing $3.O00 annual maintenance fee. Oheck21 requires the use ofo Canon CR-5O desktop check scanner with e cost mf $895.O0 per unit. Payment Terms: This estimate is valid for 90 days. 10096 upon receipt of the hardware order by the City. Delivery Schedule: PC| and Client will agree on a mutually acceptable project schedule. Return Policy: Should a product outlined above be defective in performance and inoperable, Jurisdiction will receive full refund mf amount paid for such product provided written notice has been given toPC|nOlater than thirty (30) days after delivery and that a solution cannot be provided within fifteen (15) business days after certified receipt ofsuch notice. Returns for reasons other than product defects aheU be subject tnm1596 restocking fee. 32 9C/License Agreement for myRevenue Collector Corpus Christi Exhibit C - Maintenance and Support Services Terms Terms used in this Agreement will have the meanings given below: A) "Documentation" means the documentation provided by PCI for the Software pursuant to the License Agreement, and includes Exhibit E to the License Agreement. B) "Enhancements" means changes m additions to the Software which POdevelops and makes available at no additional charge to all licensees of the Software who are under then-current maintenance agreements. C) "Software incident" means a material deviation of the Software from the Documentation. D) "License Agreement' means the license agreements specified in the License Agreement pursuant to which PCI licensed the Software to the City. E) "Maintenance and Support Perod"means the initial term of this Agreement or any subsequent renewal period. The initial term and each renewal period is separate Maintenance Period. The initial Maintenance Period |n specified [n the Main Contract. Each renewal Maintenance Period, if any, will bea period nf twelve (12)months. F1 "Snftvvare° means the software specified in the Main Contract. System Service Level Agreement SLA) The myRevenueSystem shall be fully operational and available for use by the City users ninety-nine and nine-tenths 2y9g%\of the time. The following identifies the nlyRevenueSyntem response time Add and Update Performance Criteria standards that will be maintained. 4j The system shall perform in a three (3) second or less response time, on add or update of a single data record, ninety percent (90%) of the time or better. B) Search Performance Criteria The System shaU' within five (5) seconds or less response time, onunique key search items such as account number or real estate PIN, ninety percent (90%) of the time or better. Maintenance and Support A) PCI Standard Maintenance and Support Services provide the City with new functional or technical enhancements to the then current installed version of the myRevenueSystern and the then current moyReven nnusero. B) PCI Standard Maintenance and Support Services provide the City with access to the PCI help desk as outlined in the following points: e. The PCI support services are provided as a remote service to the City from our PCI 33 PCI License Agreement for jnyRevenueCollector Corpus Christi b. The PCI help desk is available Monday through Friday, excluding PCI observed holidays, from 7:3Uom EST to7:00pm EST, with ongoing support via cell phone until Q:00pnm c The PCI support services can be accessed using any of the following methods of communication: i Toll-free telephone support at866.328.OS84. U. EmaUsupportatsuppnrt@pduxa.com iii. Customer support web access mthtUo://suppor . iuoa.uornmJngbogin credentials provided bvPC|to the City. C> PCI Standard Maintenance and Support Services provide the City with: a. Software incident corrections to the Software. b. Software releases periodically to address technical and functional compatibility with system software and changes to business practices. Documentation updates are provided as part of each release. Additional Software incident corrections will be included in releases, as dictated by testing requirements and the magnitude of the required change. c. Enhancements to the then current installed version of the myRevenueSystem and the then current installed myRevenueSystem optional modules may be provided in new releases of the myRevenueSystem, solution and the myRevenueSystern optional modules. 9 VA PCI License Agreement for myRevenueCollector Corpus Christi D) All issues and software incidents will be prioritized according to the following schedule: Severity • Defined as a very minor problem or question that does not affect the application's function, e.g. the text of a message is worded poorly or misspelled. • Response time to acknowledge issue no more than 8 business hours after 4 — Minor notice from the City. • Provide resolution within next two releases, includes major releases, minor releases and patches, of the software and not more than 120 business days after notice from the City, unless otherwise agreed in writing between PCI and the City. • Defined as minor problem that exists with the application but the majority of the functions are still usable and some circumvention may be required to provide service, e.g. an infrequently used subcommand gives an incorrect response. 3 — Standard • Response time to acknowledge issue no more than 8 business hours after notice from the City. • Provide resolution within next release, includes major releases, minor releases and patches, of the software and not more than 60 business days after notice from the City, unless otherwise agreed in writing between PCI and the City. • Defined as an urgent software system component that has significant outages and/or failure precluding its successful operation, and possibly endangering the City's environment. • The application may operate but is several restricted, e.g. a frequently used user exit gives an incorrect response. • Response time to acknowledge issue no more than 4 business hours after notice from the City. ' 2 — Priority • Resolution without software fix required within 5 business days after notice from the City, unless otherwise agreed in writing between PCI and the City. • Resolution with software fix required within 15 business days after notice from the City unless otherwise agreed in writing between PCI and the City. • Provision of a non-software fix does not relieve PCI of obligation to provide a software fix. • Defined as a critical situation, when the City's production system is down and the agency is unable to use the application. • Response time to acknowledge issue within 2 business hours after notice from the City. I — Critical • Reproduce and document software defect to development within 4 business hours after notice from the City. • Resolution without software fix required within I business day after notice from the City, unless otherwise agreed in writing between PCI and the City. 1XI PCIljoense Agreement for myRevenueCollector Corpus Christi P(I solutions m on party software applications, i.e. operating database engines, integration correctly. Therefore, should one of the 3 d party software components be party software components be part nr all of the cause ofthe reported issue, the 5 buaioomo deva turn around will no longer be in effect. In these situations, PClwill: • Work closely with all P party vendors to remedy the situation ju 4 timely manner. • Work with the City to agree the steps necessary to remedy the situation when 3 '" party vendors are involved. Provision ofonon-software fix does not relieve PCI of obligation tV provide u software fix. E\ TheFCI help desk will investigate and correct suspect issues and software incidents at the PO offices. During the course of investigating and correcting the suspected issues or software incidents, the PC| help desk will use the following escalation procedures with all issues and software incidents: a. Any incident that cannot be resolved within DPC| help desk business hours from the date and time of initial receipt of the incident will be escalated to the second line support team. PC| help desk business hours are defined in Maintenance and Support section B.b b. Any incident that cannot be resolved by the second line support team within 16 PO help desk business hours from the date and time of receiving the issue or software incident from the first line support team will be escalated to the PCI development team, c. Any incident that cannot be resolved by the development team within 8 PC| help desk business hours from the date and time of receiving the issue or software incident from the second line support team will be escalated to PCI's senior management for analysis and determination of resolution. d. If within 48 PCI help desk business hours of mutually determining between PCI and the City that all available remote support methods are unable to assist in resolving the issue or software incident, PC|, at the City's request, will send a support technician nnoke to assist in resolving the reported issue orsoftware incident. All costs, excluding reaso , nable travel and other out-of-pocket expenses, for the support technician are included in the annual software and support agreement cost. All reasonable travel and out-of-pocket expenses will be billed directly to the City. F) The City will be charged onan hourly rate atPCYs then-current howdvratesforaoybsueor software incident that is attributable to a cause other than the Software as delivered by PCI. G) If the Software module containing the issue or software incident has been modified by non-PCI personnel, the City will be charged on a time-and-materials basis at PCI's then-current hourly rates for analyzing and fixing the software incident in the City's version, and for any installation assistance the City of Fairfax requires. 111101 PO License Agreement for myRevenueCollector Corpus Christi Hd The maintenance and support period will automatically renew at the expiration of the previous maintenance and support period. PC| will issue the annual maintenance and support renewal invoice at least thirty (30) calendar days from the expiration mf the then-current maintenance and support period. |\ Annual maintenance and support is available to the City if (i) the City has paid the maintenance and support fee for all prior Maintenance and Support periods; and (ii) the City incorporates in the Software all releases, corrections, and Enhancements to the Software that PCI has made available to the City, no less than two minor software releases prior to current release. 8 All Enhancements and corrections to the Software and Documentation provided by PCI pursuant to this Agreement will become a part of the Software and Documentation for the purposes of the License Agreement at the time they are provided to the City and are hereby licensed to the City as part of the Software and Documentation pursuant to all of the terms and conditions of the License Agreement. Payment Terms A0 The City will pay the maintenance fees for the initial Maintenance and Support Period. PC|miU provide the City with an invoice for the maintenance and support fees for each subsequent Maintenance and Support Period at least thirty (30) calendar days prior to the expiration of the then-current Maintenance and Support Period. PO will not be obligated tuprovide maintenance and support services in any maintenance and Support Period (including the initial maintenance and Support Period) unless the maintenance and support fees for the Maintenance and Support Period have been paid lnfull. B) All fees and expenses are tmbe paid toPC|in United States Dollars, by wire transfer nf funds tn an account designated by PCI or by check sent to PCI at 4893 W. Waters Avenue, Suite E, Tampa, FL 33.634. PCI's invoices are due and payable in full within thirty (30) calendar days from the date the City receives a proper invoice. |f the City does not pay an invoice within thirty /30\ calendar days after receipt, PCI may add an interest charge of one percent (1%) per month, if invoice is not in dispute, this interest will begin to accrue nn the thirty-first /Il' day after the non- disputed invoices on a daily basis until paid in full. Limitation of Liability 4] If the City should become entitled to claim damages from PCI (including without limitation, for breach uf contract, breach nf warranty, negligence orothertortdaimiPC|vvU|be|kab|eonk/for the amount of the City's actual direct damages, not to exceed (in the aggregate for all claims) the amounts paid by the City to PO for the Maintenance and Support Period with respect to which the claims arise. |tis the maximum liability for which PC| and its licensors are collectively B) In no event will PCI or any person or entity involved in the creation, manufacture or distribution of any Software, services or other materials provided under this Agreement be liable for: (1) any damages caused by the failure of the City or its affiliates or suppliers to perform their 37 PCI License Agreement for myRevenueCollector Corpus Clu respnmUbiUties;or i20 any consequential, special, incidental, indirect, exemplary or punitive damages, even ifPC| has been advised of the possibility nf such damages. C> The foregoing limitations do not apply to the payment of settlements, costs, damages and legal fees. The limitations of liability set forth in this Section will survive and apply notwithstanding the failure of any limited or exclusive remedy for breach of warranty set forth |n this Agreement. The parties agree that the foregoing limitations will not be deemed to limit any liability to an extent that would not be permitted under applicable law, D) The foregoing limitations apply to this Annual Maintenance and Support Agreement. Law and Disputes Both PCI and the City agree to comply fully with all relevant export laws and regulations of the United States to ensure that no information or technical data provided pursuant to this Agreement is exported or re-exported directly or indirection |n violation oflaw. General AJ The provisions of this Agreement will be deemed severable, and the unenforceability of any one or more provisions will not affect the enforceability of any other provisions. |n addition, ifany provision of this Agreement, for any reason, is declared to be unenforceable, the parties will substitute an enforceable provision that, to the maximum extent possible in accordance with applicable law, preserves the original intentions and economic positions of the parties. B) No failure or delay by either party in exercising any right, power or remedy will operate as a waiver of such right, power or remedy, and no waiver will be effective unless it is in writing and signed by the waiving party. |f either party waives any right, power or remedy, such waiver will not waive any successive or other right, power or remedy the party may have under this Agreement. 38 1 11-1 IVI Illy IXU V LVI k,oipus t-nrisii Exhibit D - Recommended Hardware and Software Requirements Recommended Hardware and Software Requirements Standard Desktop Core i3 2.66 GHz 3 ' d 8GBorHigher 50 GBor Windows XP SP 3 or NET Framework 2.0 IVIS Word 2002 or Higher Workstations Generation or Higher Windows 7 (32 bit or 64 SP2 NET Framework Higher bit) 3.5 SP1 Register Desktop Core i3 2.66 GHz P 16 GB or 50 GB or Windows XP SP 3 or NET Framework 2.0 MS Word 2002 or Higher Workstations Generation or Higher Higher Windows 7 (32 bit or 64 SP2 NET Framework MS SQL Express 2005, Higher bit) IS SP1 2008 or 2008 R2 Application Physical Server or Single Core 4 GB or Higher 100 GB Windows Server NET Framework 2.0 Server lVirtualized Server 2.4 GHz or Higher or Higher 2008 Standard SP2 NET Framework Database Physical Server or Single lCore 2.2 GHz 16 GB or Higher 100 GB Windows Server NET Framework 2.0 MS SQL Server 2005, 2008 Server Virtualized Server or Higher or Higher 2008 R2 Standard P2 .NET Framework or 2008 R2 Additional Environments:- rnyftey6nueCollector Descript ion 'Hardware Processor ,RAM, Disk User Test Physical Server or Single Core 2.4 GHz 4 GB or Higher 100 GB Windows Server NET Framework 2.0 Application Virtualized Server or Higher o r Higher 2008 Standard SP2 NET Framework Server 3.5 SP1 User Test Physical Server or Single 8-Core 2.4 8 GB or Higher -----� TIOO GB Windows Server 2008 N ET Framework 2.0 MS SQL Server 2005, Database Virtualized Server GHz or Higher r Higher R2 Standard P 2 -NET Framework 2008 or 2008 R2 Server .5 S Pi If using AMD processors then AMD Phenorn 11 X4 3.5 GHz or higher. The use of Celeron or Sempron processor based PCs is strongly discouraged. 39 FA R • Y �t AGENDA MEMORANDUM Future Agenda Item for the City Council Meeting of April 9, 2013 Action Agenda Item for the City Council Meeting of April 23, 2013 DATE: April 19, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 Fred Segundo, Director of Aviation freds@cctexas.com (361) 289 -0171 Valerie Gray, P. E., Director of Storm Water & Street Operations valerieg@cctexas.com (361) 826 -1875 RESOLUTION AUTHORIZING LANDSCAPE MAINTENANCE AGREEMENT SH 358 (South Padre Island Drive) /Flour Bluff Drive Intersection SH 358 (South Padre Island Drive) /SH44 Interchange AGENDA CAPTION Resolution authorizing the City Manager, or designee, to execute a Landscape Maintenance Agreement with the Texas Department of Transportation (TXDOT) for landscape improvements within the project's scope of SH 358 (South Padre Island Drive) /Flour Bluff Drive Intersection and SH 358 (South Padre Island Drive) /SH 44 Interchange. PURPOSE: The purpose of this Agenda Item is to execute a Landscape Maintenance Agreement with the Texas Department of Transportation (TXDOT) for landscape improvements within the project's scope of SH 358 (South Padre Island Drive) /Flour Bluff Drive Intersection and SH 358 (South Padre Island Drive) /SH 44 Interchange. BACKGROUND AND FINDINGS The proposed agreement addresses a landscaping project constructed by the Texas Department of Transportation (TxDOT) with Federal Green Ribbon Funds. TxDOT contacted the City of Corpus Christi to obtain an advance verbal commitment to maintain the landscaped areas if they completed the project initiative. Once TxDOT received City confirmation, they moved forward with the landscape improvement project. K: \ENGINEERING DATAEXC HANG E \VELMAP \TXDOT \E13001 LANDSCAPE MAINTENANCE AGREEMENT \AGENDA MEMO - LANDSCAPE MAINTENANCE AGREEMENT.DOCX The Corpus Christi International Airport agrees to take over maintenance of the landscaped areas near the airport (SH 358/SH 44 Interchange). The Flour Bluff Business Association has expressed an interest in taking the responsibility of maintenance of the landscaped area at the intersection of SH 358 and Flour Bluff Drive via an "Adopt a Spot" agreement between the City and a volunteer organization. If the Association does not accept the responsibility of maintenance, the Flour Bluff location will be maintained by the Storm Water Department. ALTERNATIVES 1. Approve the Resolution for the Landscape Maintenance Agreement with TXDOT. 2. Do not approve the Resolution for the Landscape Maintenance Agreement with TXDOT. OTHER CONSIDERATIONS This project is subject to Title 43 of the Texas Administrative Code, Part 1, Chapter 15, Sub - chapter E, Rule 15.55. CONFORMITY TO CITY POLICY This Resolution conforms to the City's Charter. EMERGENCY /NON- EMERGENCY Not applicable. DEPARTMENTAL CLEARANCES Aviation Storm Water FINANCIAL IMPACT Not applicable Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $0.00 $0.00 Encumbered / Expended Amount This item $0.00 $0.00 BALANCE $0.00 $0.00 Fund(s): Not applicable Comments: Not applicable RECOMMENDATION It is recommended to execute the Landscape Maintenance Agreement with the Texas Department of Transportation (TXDOT) for the project's scope of TXDOT's SH 358 (South Padre Island Drive) /Flour Bluff Drive Intersection and SH 358 (South Padre Island Drive) /SH 44 Interchange. K: \ENGINEERING DATAEXC HANG E \VELMAP \TXDOT \E13001 LANDSCAPE MAINTENANCE AGREEMENT \AGENDA MEMO - LANDSCAPE MAINTENANCE AGREEMENT.DOCX LIST OF SUPPORTING DOCUMENTS Location Map Resolution K: \ENGINEERING DATAEXC HANG E \VELMAP \TXDOT \E13001 LANDSCAPE MAINTENANCE AGREEMENT \AGENDA MEMO - LANDSCAPE MAINTENANCE AGREEMENT.DOCX in LANDSCAPE MAINTENANCE AGREEMENT o! ThaeporleFbn Form 2043 (Rev. 04112) Page 1 of 3 THE STATE OF TEXAS THE COUNTY OF TRAVIS This AGREEMENT made this day of , 20 , by and between the Texas Department of Transportation, hereinafter referred to as the "State," and the City of Corpus Christi Nueces County, Texas, acting by and through its duly authorized officers, hereinafter called the "City ". WITNESSETH WHEREAS, Chapter 311 of the Transportation Code gives the City exclusive dominion, control, and jurisdiction over and under the public streets within its corporate limits and authorizes the City to enter into agreements with the State to fix responsibilities for maintenance, control, supervision, and regulation of State highways within and through its corporate limits; and WHEREAS, Section 221.002 of the Transportation Code authorizes the State, at its discretion, to enter into agreements with cities to fix responsibilities for maintenance, control, supervision, and regulation of State highways within and through the corporate limits of such cities; and WHEREAS, the State and the City have entered into a Municipal Maintenance Agreement dated Aril 26 2012 , the provisions of which are incorporated herein by reference, and wherein the City has agreed to retain all functions and responsibilities for maintenance and operations which are not specifically described as the responsibility of the department; and WHEREAS, the State has existing and proposed landscape improvements, such as, but not limited to, the installation of tree, shrub, and turf plantings, irrigation systems, and other aesthetic elements for areas within the right of way of state highway routes within the City as shown on Attachment "A "; and WHEREAS, the State will provide such landscape improvements, provided that the City agrees to be responsible for all required maintenance of the landscape improvements. Form 2043 (Rev. 04/12) Page 2 of 3 AGREEMENT NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed, it is agreed as follows: Contract Period This Agreement becomes effective State, and shall remain in effect until provided. upon the date of final execution by the terminated or modified as hereinafter This agreement prescribes the responsibilities of the State and the City relating to the installation and maintenance of landscape elements on controlled access state highways, as defined in the Municipal Maintenance Agreement, and described and graphically shown as "State Maintained and Operated" in that agreement. The parties agree that this agreement may be amended, Such amendments, to be effective, must be in writing and signed by both parties. L : j : The State shall Install landscape elements including but not limited to trees, shrubs, grasses, sidewalks, irrigation systems, and hardscape features through its employees or duly appointed agents. The City may Install landscape elements Including but not limited to trees, shrubs, grasses, sidewalks, Irrigation systems, and hardscaps features through Its employees or duly- appointed agents. Any installations shall be performed in accordance with Texas Department of Transportation 910e01008tions and standards, and must be approved by the State In writing prior to any work being performed. " Form 2043 (Rev. 04112) Page 3 of 3 The City shall maintain all landscape elements within the limits of the right of way including all median and island areas but excluding paved areas intended for vehicular travel. Landscape maintenance shall include but not be limited to plant maintenance, plant replacement, mowing and trimming, hardscape element maintenance, and irrigation system operation and maintenance. All landscape elements must be maintained in a functional and aesthetically pleasing condition. TERMINATION It is understood and agreed between the parties hereto that should either party fail to properly fulfill its obligations as herein outlined, the other party may terminate this agreement upon thirty days written notice. Additionally, this agreement may be terminated by mutual agreement and consent of both parties. Should the City terminate this agreement, as prescribed here above, the City shall, at the option of the State, reimburse any reasonable costs incurred by the State. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of — Corpus Christi on the day of , year , and the Texas Department of Transportation, on the day of ATTEST: CITY OF By (Title of Signing Official) Approv d as to Legal t Lino Veronica Ocanas Assistant City Attorney For City Attorney , year THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, and the established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. District Engineer Corpus Christi District Attachments \�I 0!6!K P OF PLAN SHEETS i 1' >T; ;TLE SHEET 2. 5A'358 TYPICAL SECTIONS 3,3A'3L,6tNERAL NOTES & SPECIFICATION DATA 4 ESTIMATE & QUANTITY 5 tW. 58 ROADWAY QUANTITIES TT. TRAFFIC CONTROL PLAN 6 SH 358 TRAFFIC CONTROL PLAN & ADVANCED WARNING LAYOUT 7 - .3C(11 - 07 - BC(12) 19 •TCP (1 -4) -98 20 ■TCP (2 -6) -98 21 iTCP f5 - 4) - 08A 22 •WZ(SRK) -03 rI1. ROADWAY DETAILS 23 - 24 SH 358 ROADWAY DETAILS 25 SH 358 RIPRAP DETAILS r TV- FNN fTdONMENTAL i55ll£5 26 EPIC SHEET 27 -28 S(i 358 STORM WATER POLLUTION PREVENTION PLAN 29 -30 •CRP-BECL MOD v_ urcrFT I'ANFa1s rTFraS 31- 32 LANDSCAPE DEVELOPMENT LAYOUT 33 -34 LANDSCAPE DEVELOPMENT PLANTING LAYOUT 35 PLANT SPECIFICATIONS 36 PLANTING DETAILS 37 - 38 LANDSCAPE DEVELOPMENT IRRIGATION LAYOUT 39 -41 IRRIGATION DETAILS AND MATERIALS w 1 CORPUS � o o w y o O N 2 j 2 q r F 4 w � LOPEZ I.. y 9377p � 0 & G w G V M THE STANDARD SHEETS SPECIFIfaLLr IDENTIFIED ABOVE = Z N WITH AN (a) HAVE BEEN ISSUED BY ME AND ARE APPLICABLE TO THIS PIIOJ£CT. = } a z - a IAN L EZ, v a ss o � _ © ;011 ey T- DeDa- +RO.++ of Tromwtotlm- All r. to rese -L STATE OF TEXAS TEXAS DEPARTMENT OF TRANSPORTATION PLANS OF PROPOSED FEDERAL HIGHWAY IMPROVEMENT FEDERAL AID PROJECT NO. CONTROL NH 1102(259) NUECES COUNTY SH 358 LIMITS: CSJ= 0617 - 01 - 181 AT S41358 /FLOUR BLUFF DR. INTERSECTION MISCELLANEOUS WORK CONSISTING OF LANDSCAPE DEVELOPMENT w' EQUATIONS: HONE EXCEPTIONS. NONE RAILROAD CROSSING: NONE SPECIFICAT[ONS ADOPTED BY THE TEXAS DEPARTMENT OF TRAHSPORTATICN, JUNE 1, 200[, AND SPECIF[CATION ITEMS LISTED AND DATED AS FOLLOWS, SHALL GOVERN ON TH35 PROJECT: REWIRED CONTRACT PROVISIONS FOR ALL FEDERAL -AID CONSTRUCTION CONTRACTSCFORM FHRA 1273, MARCH 10,19941. NO TOLR REVIEW REQUIRED TEXAS DEPARTMENT OF TRANSPORTATION RECOMMENDED APPROVED FOR LETTING: f/ FOR LETTING: DIRECTOR. TRANSPORTATION DIRECTOR, TRAFFIC PLANNING & DEVELCPMENT OPERATIONS DIVISION / APPROVED R NGO M�20 1/ FOR LETTING: 1 ]STRICT E NE DIRECTOR, DE ON IVISION 6�lrjc 1 CORPUS CHRISTI \ NAVAL AIR STATION y o O I PROJECT LOCATION / CSJ 0617 -01 -181 w' EQUATIONS: HONE EXCEPTIONS. NONE RAILROAD CROSSING: NONE SPECIFICAT[ONS ADOPTED BY THE TEXAS DEPARTMENT OF TRAHSPORTATICN, JUNE 1, 200[, AND SPECIF[CATION ITEMS LISTED AND DATED AS FOLLOWS, SHALL GOVERN ON TH35 PROJECT: REWIRED CONTRACT PROVISIONS FOR ALL FEDERAL -AID CONSTRUCTION CONTRACTSCFORM FHRA 1273, MARCH 10,19941. NO TOLR REVIEW REQUIRED TEXAS DEPARTMENT OF TRANSPORTATION RECOMMENDED APPROVED FOR LETTING: f/ FOR LETTING: DIRECTOR. TRANSPORTATION DIRECTOR, TRAFFIC PLANNING & DEVELCPMENT OPERATIONS DIVISION / APPROVED R NGO M�20 1/ FOR LETTING: 1 ]STRICT E NE DIRECTOR, DE ON IVISION 6�lrjc SH 356 33' 4 i 116' VARIES 33' $p,1TH FRONTdGE ROAD 40' YAX 40' M4% NORTN FRONTAGE ROAD EXISTING SLOPE t t EXISTING NATURAL GROUND EXISTING TYPICAL SECTION STA 10090.37 TO STA 10095 +10 STA 10097 -00 TO STA 10102 +74 SH 358 33' YARIES i UNDER BRIDGE -179' ONE CRSE SRF TRT & FLEXBASE (TY E OR 4) VARIES 33' SOUTH FR0NTd0E R OAD 4O' MAX 'EST. P 1,311,1 $Y /$Tdl 40' Y4X NORTH FH AC.'E 8660 © 2011 71d1Tp0'A7fan LANDSCAPE LANDSCAPE Z6' NA% 26' Ax wnw w¢ M0.T N EXISTING OPE yxro j T� T f�y ONE COURSE SURFACE TREATW T S* FLEXDA$E CTY E GR 41(EST, • 1B2.2 C7 /STA) PROPOSED TYPICAL SECTION SH 358 STA 10090 +37 TO STA 10095 STA TYPICAL SECTIONS 10097 +00 TO STA 10102 +74 NOT TO SCALE S-M 1 of 1 ' .rz rw4a n 8 N171d2 8591 2 suR NSA. 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In 4 , I *` i d s i � ] � � � {'1; I § ' § 1 I § y ! � ! , I B ylG 7N A ggftG QO +GQOOI . \ ( { �� .22&22221■ \ ( { PLANT GROUP 3 APPROX. 60 CY (OUTER TIER) GENERAL USE COMPOST (ENTIRE AREA) PLANT GROUP 3 APPROX. 50 CY (SEE TYPE II BED PREP) (OUTER TIER) GENERAL USE COMPOST (ENTIRE AREA) 20 TURKS CAP 20 TURKS CAP {SEE TYPE SI BED PREPl 30 DWARF OLEANDER APPROX . 40 CY 30 DWARF OLEANDER APPROX. 35 CY EROSION CONTROL COMPOST 10 NATAL PLUM 10 NATAL PLUM EROSION CONTROL COMPOST (TOP DRESSING ENTIRE AREA) 40 LANTANA 30 LANTANA (TOP DRESSING ENTIRE AREA) 2 2 r -- PLANT GROUP 2 (SECOND TIER) 8 SAGO PALM 15 WAX MYRTLE 7 YAUPON 7 CRAPEMYRTLE 25 OLEANDER 30 ELEAGNUS PLANT GROUP 1 (MIDDLE TIER) 8 CEDAR ELM 8 LIVE OAK 9 SABAL PALM PLANT GROUP 2 (SECOND TIER) 10 SAGO PALM 25 WAX MYRTLE 7 CRAPEMYRTLE 25 OLEANDER 30 ELEAGNUS PLANT GROUP 1 (MIDDLE TIER) 4 CEDAR ELM 8 LIVE OAK 3 SABAL PALM A PLANTING LAYOUT PLANT GROUP 2 PLANT GROUP I (SECOND TIER) (MIDDLE TIER) 8 SAGO PALM 8 CEDAR ELM 15 WAX MYRTLE I 8 LIVE OAK 7 YAUPON 9 SABAL PALM 7 CRAPEMYRTLE 25 OLEANDER 30 ELEAGNUS APPROX. 56 CY PLANT GROUP 3 GENERAL USE COMPOST (ENTIRE AREA) (OUTER TIER) 20 TURKS CAP (SEE TYPE II BED PREP) APPROX. 42 CY 30 DWARF OLEANDER EROSION CONTROL COMPOST 10 NATAL PLUM 30 LANTANA (TOP DRESSING ENTIRE AREA) (� PLANTING LAYOUT V B PLANTING LAYOUT 1 5a PLANT GROUP 2 APPROX. 35 CY (SECOND TIER) GENERAL USE COMPOST (ENTIRE AREA) 5 SAGO PALM :SEE TYPE II BED PREP) 5 WAX MYRTLE APPROX. 25 CY 5 CRAPEMYRTLE EROSION CONTROL COMPOST 5 OLEANDER (TOP DRESSING ENTIRE AREA) 30 ELEAGNUS PLANT GROUP 3 PLANT GROUP 1 (OUTER TIER) (MIDDLE TIER) 20 TURKS CAP 4 CEDAR ELM 30 DWARF OLEANDER 4 LIVE OAK 10 NATAL PLUM 5 SASAL PALM 40 LANTANA . ( PLANTING LAYOUT n APPROX. 25 CY PLANT GROUP 3 APPROX. 28 CY PLANT GROUP 3 GENERAL USE COMPOST CENTIRE AREA) (OUTER TIER) (SEE TYPE II BED PREP) (OUTER TIER) GENERAL USE COMPOST (ENTIRE AREAL 20 TURKS CAP {SEE TYPE II BED PREP) 20 TURKS CAP APPROX. 18 CY 20 DWARF OLEANDER APPROX. 22 CY 30 DWARF OLEANDER EROSION CONTROL COMPOST 10 EROSION TO NATAL PLUM (TOP DRESSING ENTIRE AREA) 15 NATAL PLUM EROSION CONTROL COMPOST 15 LANTANA (TOP DRESSING ENTIRE AREA) 30 LANTANA PLANT GROUP 2 PLANT GROUP 1 (SECOND TIER) (MIDDLE TIER) 20 SAGO PALM 8 CEDAR ELM 15 WAX MYRTLE 7 LIVE OAK 7 YAUPON 1 1 5 SABAL PALM 15 CRAPEMYRTLE 30 OLEANDER 30 ELEAGNUS —� 2 APPROX. 65 CY PLANT GROUP 3 GENERAL USE COMPOST (ENTIRE AREA) (OUTER TIER) (SEE TYPE II BED PREP) 20 TURKS CAP 40 DWARF OLEANDER APPROX. CY EROSION CONTROL NTROL COMPOST CO 20 NATAL PLUM EROSIO (TOP DRESSING ENTIRE AREA) 30 LANTANA a PLANTING LAYOUT r- 5a APPROX. 35 CY PLANT GROUP 2 GENERAL USE COMPOST (ENTIRE AREA) (SECOND TIER) (SEE TYPE II BED PREP) 5 SAGO PALM APPROX. 25 CY 5 WAX MYRTLE EROSION CONTROL COMPOST 5 CRAPEMYRTLE [TOP DRESSING ENTIRE AREA) 15 OLEANDER 20 ELEAGNUS PLANT GROUP 3 PLANT GROUP 1 (OUTER TIER) (MIDDLE TIER) 15 TURKS CAP 4 CEDAR ELM 25 DWARF OLEANDER 2 LIVE OAK 10 NATAL PLUM 3 SABAL PALM 20 LANTANA g ANTING LAYOUT �; C- J PLANT GROUP 1 PLANT GROUP ,)2 (SECOND TIE RI (MIDDLE TIER) PLANT GROUP 2 5 CEDAR ELM (SECOND TIER) PLANT GROUP 1 5 SAGO PALM (MIDDLE TIER) 2 WAX MYRTLE 4 LIVE OAK 5 SAGO PALM 3 CEDAR ELM 5 YAUPON 3 SABAL PALM 5 WAX MYRTLE 4 CRAPEMYRTLE 7 CRAPEMYRTLE 2 LIVE OAK 6 OLEANDER 15 OLEANDER 2 SABAL PALM 5 ELEAGNUS 3 ELEAGNUS PLANTING LAYOUT F PLANTING LAYOUT 150 E 1_5v PLANT GROUP 2 PLANT GROUP 1 (SECOND TIER) (MIDDLE TIER) 20 SAGO PALM 8 CEDAR ELM 15 WAX MYRTLE 7 LIVE OAK 7 YAUPON 1 1 5 SABAL PALM 15 CRAPEMYRTLE 30 OLEANDER 30 ELEAGNUS —� 2 APPROX. 65 CY PLANT GROUP 3 GENERAL USE COMPOST (ENTIRE AREA) (OUTER TIER) (SEE TYPE II BED PREP) 20 TURKS CAP 40 DWARF OLEANDER APPROX. CY EROSION CONTROL NTROL COMPOST CO 20 NATAL PLUM EROSIO (TOP DRESSING ENTIRE AREA) 30 LANTANA a PLANTING LAYOUT r- 5a APPROX. 35 CY PLANT GROUP 2 GENERAL USE COMPOST (ENTIRE AREA) (SECOND TIER) (SEE TYPE II BED PREP) 5 SAGO PALM APPROX. 25 CY 5 WAX MYRTLE EROSION CONTROL COMPOST 5 CRAPEMYRTLE [TOP DRESSING ENTIRE AREA) 15 OLEANDER 20 ELEAGNUS PLANT GROUP 3 PLANT GROUP 1 (OUTER TIER) (MIDDLE TIER) 15 TURKS CAP 4 CEDAR ELM 25 DWARF OLEANDER 2 LIVE OAK 10 NATAL PLUM 3 SABAL PALM 20 LANTANA g ANTING LAYOUT �; m V ORGANIZATION OF PLAN SHEETS i_ GE?IE I TITLE SHEET 2,?-A GENERAL NOTES & SPECIFICATION DATA 3 ESTIMATE & QUANTITY T1_ TRAFFIC [ONTROL ?LAN 4 TRAFFIC CONTROL PLAN & ADVANCED WARNING LAYOUT 5 -16 +SC(13 -07 - BC(12) -07 17 ATCP 12 -6) -98 I8 +TCP (6 -1 ) - 98A 19 TCP iS -4) - 08A 20 •WZ(BRK1 -03 2T- 24 SH 358 EXISTING UTILITIES TV_ FNI TR()NA�FNTA1 TrSUFS 25 EPIC SHEET 26 - 30 SH 358 STORM WATER POLLUTION PREVENTION PLAN 31 - 32 +CRP -BECL MOD V- MT_c_CrLl -ANr_nlc__TTCUC 33 LANDSCAPE SLWARY 34 - 37 LANDSCAPE PLANTING 38- 39 LANDSCAPE PLANTING DETAILS 40 LANDSCAPE PLANT MATERIAL & MAINTENANCE SPECIFICATIONS 41- 44 LANDSCAPE IRRIGATION 45 IRRIGATION DETAILS 46 IRRIGATION MATERIALS AND SPECIFICATIONS N p U N N P H _ ul - 2 j � = 4 G _ w O P '`f.or •TFxy Z V m u 4. J ' O r. AA .. r ..h ! T dIHS [ASixo t�Yi+o m u _ © 2011 6y Texas Department of Trenspertctt— ��/'�/ - L 20� w in U N THE STANDARD SHEETS SPECIFICALLY IDENTIFIED ABOVE A f +1 NAVE BffN ISSUED ND ARE APPLICABLE BY ME A IS PRD. DIRECTOR, TRANSPORTATI _ a 'o R v .. ° O 3 m u _ © 2011 6y Texas Department of Trenspertctt— ��/'�/ - L 20� Al l r, "h reserves. STATE OF TEXAS TEXAS DEPARTMENT OF TRANSPORTATION PLANS OF PROPOSED FEDERAL HIGHWAY IMPROVEMENT FEDERAL AID PROJECT NO. NH 3102(251) CONTROL 0617 -01 -173 NUECES COUNTY SH 358 LIMITS= AT SH358 /SH44 INTERCHANGE MISCELLANEOUS WORK CONSISTING OF LANDSCAPE DEVELOPMENT W fOUATYONS: NONE EXCEPTIONS: NONE RAILROAD CROSSING: NONE SPECIFICATIONS ADOPTED BY THE TEXAS OEPAR MENT OF TRANSPORTATION. JUNE 1. 2004. AND SPECIFICATION ITEMS LISTED AND DATED AS FOLLOWS, SNALL GDVERN ON THIS PROJECT: REQUIRED CONTRACT PROVISIONS FOR ALL FEOERAL -AID [ONSTMCTION CONTRACTS (FORA[ FHWA 1273, MARCH 10,1994). NO TDLR REVIEW REQUIRED i O)zo TEXAS DEPARTMENT OF TRANSPORTATION Y RECOW ENDED APPROVED FOR LETTING FOR LETTING- j m4t 2011 DIRECTOR, TRANSPORTATI _ DIRECTOR, TRAFFIC PLANNING & DEVELOPMENT OPERATIONS DIVISION yy REC I APPROVED FOR LETTING: ��/'�/ - L 20� F DISTRICT STRICT E�IN ^ � I� DIRECTOR. pESIG ISIOR Foz , - - - -T -- I N I `Y I I I I I� I � I , I , I . � I I / C C ! f + ! r r � / ! f f , ! I 1 1 ! ! 7 r ! 1 ! 1 ! ! ' I f 1 1 , 1 6`� Sy © C C f f © C C T N' A W N wg o i di il 9 1!a �~ay WIL Fo � p R _ 1r 0 n MATCHLINE A - APPROX. 2750 FT. NOT SHOWN ' + 1 I Y � I Y Y I I Y 1 1 � I + � I Al 1 I Y 1 � I \ \, GIBBON LN. I \ I I \ g \ T \ m Col ro 1 ' a -- - - - - - ` - - - I I - - - - - -- _ _� SH 58 rD � \ N I + +- + I I I FRONTAGE ROAD � I r� CL MATCHLINE A - APPROX, 2750 FT. 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OF SLOpS I FRONTAGE ROAD m 1YAY 0 0 s I - - - -.4 ovw - oam N I 0 0 s CITY COUNCIL EXHIBIT SH 358 (S.P.I.D.) /FLOUR BLUFF DRIVE INTERCHANGE CITY OF CORPUS CHRISTI, TEXAS SH 358 (S.P.I.D.)/SH 44 INTERCHANGE DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 Resolution authorizing the City Manager, or designee, to execute a Landscape Maintenance Agreement with the Texas Department of Transportation (TXDOT) for landscape improvements within the project's scope of SH 358 (South Padre Island Drive) /Flour Bluff Drive Intersection and SH 358 (South Padre Island Drive) /SH 44 Interchange. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute a Landscape Maintenance Agreement with the Texas Department of Transportation (TXDOT) for landscape improvements within the project's scope of SH 358 (South Padre Island Drive) /Flour Bluff Drive Intersection and SH 358 (South Padre Island Drive) /SH 44 Interchange. ATTEST Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Nelda Martinez Mayor Corpus Christi, Texas of , The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott RESOLUTION AMENDING FINANCIAL POLICIES ADOPTED BY RESOLUTION 029521 AND PROVIDING FINANCIAL POLICY DIRECTION ON PREPARATION OF THE ANNUAL BUDGETS. WHEREAS, the City of Corpus Christi has a commitment to citizens as expressed in its Mission Statement: "Provide exceptional service to enhance the quality of life "; and WHEREAS, financial resources are budgeted to fulfill this commitment; and WHEREAS, it has been the City's goal to rebuild the General Fund balance to acceptable levels, a goal which was expressly stated in past policies with targets for accomplishing that goal; and WHEREAS, the City Council adopted a Financial Policy in January 1997 by Resolution No. 022828, reaffirmed the Financial Policy in June 1997 by Resolution No. 022965, modified the Financial Policy in July 1997 by Resolution No. 022992, adopted a new Financial Policy in May 1998 by Resolution No. 023319; reaffirmed the Financial Policy in May 1999 by Resolution No. 023657; reaffirmed the Financial Policy in May 2000 by Resolution No. 024044; reaffirmed the Financial Policy in May 2001 by Resolution No. 024455; reaffirmed the Financial Policy in May 2002 by Resolution No. 024863; reaffirmed the Financial Policy in April 2003 by Resolution No. 025280; reaffirmed the Financial Policy in April 2004 by Resolution No. 025737; reaffirmed the Financial Policy in May 2005 by Resolution 026265; reaffirmed the Financial Policy in January 2006 by Resolution 026605; amended the Financial Policy in April 2008 by Resolution 027683; amended the Financial Policy in May 2009 by Resolution 028176; amended the policy in May 2010 by Resolution 028609; amended the policy in July 2011 by Resolution 029128; and amended the policy in May 2012 by Resolution 029521. WHEREAS, as a result of those policies, the City achieved its previous goal for the General Fund balance and desires now to articulate a new strategy to maintain a revised General fund balance and to utilize any surplus balance to provide for enhanced financial stability in future years, and also desires to establish similar goals for fund balances of the Internal Service Funds, Enterprise Funds, the Combined Utility Reserve Fund, and Debt Service Reserve Funds; and WHEREAS, this policy provides an essential guide to direct financial planning and to maintain and strengthen the City's bond rating; and WHEREAS, it has been the City's practice to reaffirm its financial policy or to adopt new or modified policy annually in conjunction with preparation of the budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The Financial Polices adopted by Resolution 029521 are amended to read as follows K Section 1. Development / Effective Date of Financial Policy. This Financial Policy reaffirms and amends the financial policies adopted each year by the City Council since 1997. This Financial Policy is made part of the City Comprehensive Policy Manual. The City Manager is directed to prepare each annual proposed budget in accordance with this policy. The City Council is prepared to make expenditure reductions that may be necessary to comply with this policy. This Financial Policy remains in effect and applies to future annual budget preparation processes until amended by City Council resolution. Section 2. Current Revenues Equal / Exceed Current Expenditures. Current General Fund operating revenues will equal or exceed current budgeted expenditures. Section 3. Committed General Fund Balance / Working Capital. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, adequate financial resources will be set aside in the General Fund committed fund balance. Accordingly it is the goal of the City Council to build and maintain a reserve in the General Fund committed fund balance which totals at least ten (10 %) percent and up to 25% of total annual General Fund appropriations, exclusive of any one -time appropriations. At the end of the fiscal year, upon completion of the Comprehensive Annual Financial Report, the amount calculated to be at least 10% up to 25% of total annual General Fund appropriations will be Committed for Major Contingencies, and set up in a separate account. The City Manager shall report on the status of compliance with this twenty -five (25 %) percent policy at least annually as part of the budget process. Uncommitted fund balance in excess of the ten percent policy requirement may be recommended for expenditure by the City Manager. Such expenditures shall be subject to the normal appropriations and expenditure approval process applicable to all other funds. Finally, it is noted that extraordinary situations may arise in which the timing of external actions out of the City's control may require the use of the committed funds. The City Manager shall note these situations to the City Council as soon as the information is known. Amounts that can be used for specific purposes pursuant to constraints imposed by formal action of the City Council will be reported as committed fund balance. Those committed amounts cannot be used for any other purpose unless the City Council removes or changes the specified use by taking the same type of action it employed to previously commit those amounts. Committed fund balance will also incorporate contractual obligations to the extent that existing resources in the fund have been specifically committed for use in satisfying those contractual requirements. Section 4. Other Committed Fund Balances. 4.1 Internal Service Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain a reserve in each Internal Service Fund of at least three percent (3 %) of the annual Internal Service Fund appropriations, exclusive of any one -time appropriations. 3 This subsection only applies to the MIS Internal Service Fund; Stores Internal Service Fund; Engineering Services Internal Service Fund; and Maintenance Services Internal Service Fund. 4.2 Group Health Plans. It is a goal of the City to maintain a fund balance in the group health plans to (1) pay any associated administrative costs and claims run -out based upon the most recent actuarial study in the event the plan ceases or a change in the third party administrator is made; and to (2) cover any differences between revenues budgeted to cover projected claims expense for the fiscal year and the attachment point calculated at 110% of projected claims expense as a catastrophic reserve. 4.3 General Liability Fund. It is a goal of the City to maintain a fund balance in the General Liability Fund (1) to fund long -term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; (2) to provide additional protection against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average incurred costs of claims experience over the prior five -year period; and (3) to protect against significant cost increases in the fiscal year for purchased insurance coverage premiums equaling 25% of the cost for purchased insurance over the prior year. 4.4 Worker's Compensation Fund. It is a goal of the City to maintain a fund balance in the Worker's Compensation Fund (1) to fund long -term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; and (2) to protect against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average of incurred costs of claims experience over the prior five -year period. 4.5 Enterprise Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain a reserve in each of the Enterprise Funds of at least twenty -five percent of the annual Enterprise Fund appropriations, exclusive of any one -time appropriations. This subsection only applies to Water, Wastewater, Gas, Stormwater, Airport, and Marina fund balances. 4.6 Debt Service Reserve Fund. The City will strive to maintain a debt service fund balance for bonds, certificates of obligation, tax notes, and other debt instruments of at least two percent (2 %) of the annual debt service appropriation (s) for the fiscal year; provided, however, this requirement shall comply with the provision of Treasury Regulation 1.148 -2(f) which limits the amount of reserve funds that may secure the payment of debt service on bonds. Section 5. Property Tax Rate for Operations and Maintenance. Each proposed annual budget shall be prepared assuming that the City will be adopting a tax rate C! necessary to be in compliance with Section 2 above. Full consideration will be given to achieving the "effective tax rate" for maintenance and operations when assessed property values decrease, and full consideration will be giving to maintaining the current tax rate when assessed properties values increase, as long as the tax rate does not exceed the "rollback" rate (which is the rate that allows the City to raise the same amount of maintenance and operation revenue raised in the prior year with an 8% increase.) Section 6. Funding Level from General Fund for Street Operations. City Council approved Resolution #029634 on September 18, 2012 to declare its intent to establish a street user fee for implementation in Fiscal Year 2013 -2014. Section 4 of this resolution expressed an intent to preserve the funding level of the Street Department at the percentage of the Street Fund's budget in Fiscal Year 2012 -2013 relative to the General Fund. Excluding a decrease in General Fund revenues, the percentage of the Street Fund's budget relative to the General Fund will neither go below that of Fiscal Year 2012 -2013 nor go below the dollar equivalent if General Fund revenues increase. That funding level equates to 5.24% of the General Fund revenue or $10,818,730, whichever is greater. Section 7. Priority of City Services. The City Council recognizes the need to provide public services which support the continued growth of the local economy and personal income growth to insure an adequate financial base for the future. Section 8. Operating Contingencies. The City Manager is directed to budget at least $200,000 per year as an operating contingency as part of General Fund expenditures in order to further insulate the General Fund unreserved fund balance from unforeseen circumstances. The City Manager is directed to budget similar operating contingencies as expenditures in enterprise, internal service, and special revenue funds of the City. Section 9. Multi -year Budget Model. Whereas many of the City's fiscal goals require commitment and discipline beyond the one year considered within the City's fiscal year, the City will also consider adoption of business plans necessary for the accomplishment of City short term or long term goals. These business plans will be presented and recommended to the City Council in the proposed annual operating budget and shall be used for development of future budget recommendations as necessary to accomplish these goals. The City shall also maintain business plans and /or rate models for enterprise operations. Preparation of annual budget will include model for years two and three, with specific revenue and expenditure assumptions. Section 10. Cost Recovery. The City may recover costs in the General Fund by charging other funds for administrative costs incurred to support their operations. The City shall attempt to pursue and maintain a diversified and stable revenue stream for the General Fund in order to shelter finances from short term fluctuations in any one revenue source. In order to meet the requirements outlined herein, every effort will be made to base rates on a cost of service model so costs incurred for certain services are paid by the population benefiting from such services. 61 Section 11. Quarterly Financial Reporting and Monitoring. The City Manager shall provide interim financial performance reports and updates to the City Council on a quarterly basis. These interim reports must include detailed year to date revenue and expenditure estimates, as well as explanations for major variances to budget. The format of the quarterly report must be relatively consistent with the adopted budget. Section 12. Use of Nonrecurring Revenue. The City shall endeavor to use nonrecurring revenue to fund one -time expenditures. Nonrecurring revenue may include items such as sale of fixed assets, court settlements, or revenue collection windfalls. Section 13. Debt Management. The City Manager shall adhere to the Debt Management Policy adopted by Resolution 028902 on December 14, 2010, and reaffirmed by Resolution 029321 on December 13, 2011. Section14. Capital Improvement Plans /Funding. The annual Capital Improvement Plan shall follow the same cycle as the Operating Budget. As part of the annual capital budget process, the City shall update its short and long range capital improvement plans. For the three -year short term plan, projects include any projected incremental operating costs for programmed facilities. The long range plan extends for an additional seven years, for a complete plan that includes ten years. Short -term plan projects must be fully funded, with corresponding resources identified. As part of a concerted effort to reduce debt levels and improve financial flexibility, the City shall pursue pay -as- you -go capital funding where possible. Section 15. Expenditures. Within the limitation of public service needs, statutory requirements and contractual commitments expenditures included in the operating budget shall represent the most cost efficient method to deliver services to the citizens of Corpus Christi. Efforts to identify the most cost efficient method of service delivery shall continue during the fiscal year after the operating budget is adopted and may be implemented during the fiscal year as necessary and of benefit to the public." Section 16. Zero Based Budgeting type of process. To prepare the City's operating budget, the City shall utilize a Zero Based Budgeting type of process. The staff shall be accountable for utilizing a Zero Based Budgeting type of process comprehensively for all department budgets. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Nelda Martinez Mayor RESOLUTION AMENDING FINANCIAL POLICIES ADOPTED BY RESOLUTION AND PROVIDING FINANCIAL POLICY DIRECTION ON PREPARATION OF THE ANNUAL BUDGETS. WHEREAS, the City of Corpus Christi has a commitment to citizens as expressed in its Mission Statement: "Provide exceptional service to enhance the quality of life "; and WHEREAS, financial resources are budgeted to fulfill this commitment; and WHEREAS, it has been the City's goal to rebuild the General Fund balance to acceptable levels, a goal which was expressly stated in past policies with targets for accomplishing that goal; and WHEREAS, the City Council adopted a Financial Policy in January 1997 by Resolution No. 022828, reaffirmed the Financial Policy in June 1997 by Resolution No. 022965, modified the Financial Policy in July 1997 by Resolution No. 022992, adopted a new Financial Policy in May 1998 by Resolution No. 023319; reaffirmed the Financial Policy in May 1999 by Resolution No. 023657; reaffirmed the Financial Policy in May 2000 by Resolution No. 024044; reaffirmed the Financial Policy in May 2001 by Resolution No. 024455; reaffirmed the Financial Policy in May 2002 by Resolution No. 024863; reaffirmed the Financial Policy in April 2003 by Resolution No. 025280; reaffirmed the Financial Policy in April 2004 by Resolution No. 025737; reaffirmed the Financial Policy in May 2005 by Resolution 026265; reaffirmed the Financial Policy in January 2006 by Resolution 026605; amended the Financial Policy in April 2008 by Resolution 027683; amended the Financial Policy in May 2009 by Resolution 028176; amended the policy in May 2010 by Resolution 028609; amended the policy in July 2011 by Resolution 029128; and amended the policy in May 2012 by Resolution 029521. WHEREAS, as a result of those policies, the City achieved its previous goal for the General Fund balance and desires now to articulate a new strategy to maintain a revised General fund balance and to utilize any surplus balance to provide for enhanced financial stability in future years, and also desires to establish similar goals for fund balances of the Internal Service Funds, Enterprise Funds, the Combined Utility Reserve Fund, and Debt Service Reserve Funds; and WHEREAS, this policy provides an essential guide to direct financial planning and to maintain and strengthen the City's bond rating; and WHEREAS, it has been the City's practice to reaffirm its financial policy or to adopt new or modified policy annually in conjunction with preparation of the budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The Financial Polices adopted by Resolution 029521 are amended to read as follows K Section 1. Development / Effective Date of Financial Policy. This Financial Policy reaffirms and amends the financial policies adopted each year by the City Council since 1997. This Financial Policy is made part of the City Comprehensive Policy Manual. The City Manager is directed to prepare each annual proposed budget in accordance with this policy. The City Council is prepared to make expenditure reductions that may be necessary to comply with this policy. This Financial Policy remains in effect and applies to future annual budget preparation processes until amended by City Council resolution. Section 2. Current Revenues Equal / Exceed Current Expenditures. Current General Fund operating revenues will equal or exceed current budgeted expenditures. Section 3. Committed General Fund Balance / Working Capital. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, adequate financial resources will be set aside in the General Fund committed fund balance. Accordingly it is the goal of the City Council to build and maintain a reserve in the General Fund committed fund balance which totals at least ten (10 %) percent and up to 25% of total annual General Fund appropriations, exclusive of any one -time appropriations. At the end of the fiscal year, upon completion of the Comprehensive Annual Financial Report, the amount calculated to be at least 10% up to 25% of total annual General Fund appropriations will be Committed for Major Contingencies, and set up in a separate account. The City Manager shall report on the status of compliance with this twenty -five (25 %) percent policy at least annually as part of the budget process. Uncommitted fund balance in excess of the ten percent policy requirement may be recommended for expenditure by the City Manager. Such expenditures shall be subject to the normal appropriations and expenditure approval process applicable to all other funds. Finally, it is noted that extraordinary situations may arise in which the timing of external actions out of the City's control may require the use of the committed funds. The City Manager shall note these situations to the City Council as soon as the information is known. Amounts that can be used for specific purposes pursuant to constraints imposed by formal action of the City Council will be reported as committed fund balance. Those committed amounts cannot be used for any other purpose unless the City Council removes or changes the specified use by taking the same type of action it employed to previously commit those amounts. Committed fund balance will also incorporate contractual obligations to the extent that existing resources in the fund have been specifically committed for use in satisfying those contractual requirements. Section 4. Other Committed Fund Balances. 4.1 Internal Service Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain a reserve in each Internal Service Fund of at least three percent (3 %) of the annual Internal Service Fund appropriations, exclusive of any one -time appropriations. 3 This subsection only applies to the MIS Internal Service Fund; Stores Internal Service Fund; Engineering Services Internal Service Fund; and Maintenance Services Internal Service Fund. 4.2 Group Health Plans. It is a goal of the City to maintain a fund balance in the group health plans to (1) pay any associated administrative costs and claims run -out based upon the most recent actuarial study in the event the plan ceases or a change in the third party administrator is made; and to (2) cover any differences between revenues budgeted to cover projected claims expense for the fiscal year and the attachment point calculated at 110% of projected claims expense as a catastrophic reserve. 4.3 General Liability Fund. It is a goal of the City to maintain a fund balance in the General Liability Fund (1) to fund long -term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; (2) to provide additional protection against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average incurred costs of claims experience over the prior five -year period; and (3) to protect against significant cost increases in the fiscal year for purchased insurance coverage premiums equaling 25% of the cost for purchased insurance over the prior year. 4.4 Worker's Compensation Fund. It is a goal of the City to maintain a fund balance in the Worker's Compensation Fund (1) to fund long -term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; and (2) to protect against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average of incurred costs of claims experience over the prior five -year period. 4.5 Enterprise Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain a reserve in each of the Enterprise Funds of at least twenty -five percent of the annual Enterprise Fund appropriations, exclusive of any one -time appropriations. This subsection only applies to Water, Wastewater, Gas, Stormwater, Airport, and Marina fund balances. 4.6 Debt Service Reserve Fund. The City will strive to maintain a debt service fund balance for bonds, certificates of obligation, tax notes, and other debt instruments of at least two percent (2 %) of the annual debt service appropriation (s) for the fiscal year; provided, however, this requirement shall comply with the provision of Treasury Regulation 1.148 -2(f) which limits the amount of reserve funds that may secure the payment of debt service on bonds. Section 5. Property Tax Rate for Operations and Maintenance. Each proposed annual budget shall be prepared assuming that the City will be adopting a tax rate C! necessary to be in compliance with Section 2 above. Full consideration will be given to achieving the "effective tax rate" for maintenance and operations when assessed property values decrease, and full consideration will be giving to maintaining the current tax rate when assessed properties values increase, as long as the tax rate does not exceed the "rollback" rate (which is the rate that allows the City to raise the same amount of maintenance and operation revenue raised in the prior year with an 8% increase.) Section 7. Priority of City Services. The City Council recognizes the need to provide public services which support the continued growth of the local economy and personal income growth to insure an adequate financial base for the future. Section 8. Operating Contingencies. The City Manager is directed to budget at least $200,000 per year as an operating contingency as part of General Fund expenditures in order to further insulate the General Fund unreserved fund balance from unforeseen circumstances. The City Manager is directed to budget similar operating contingencies as expenditures in enterprise, internal service, and special revenue funds of the City. Section 9. Multi -year Budget Model. Whereas many of the City's fiscal goals require commitment and discipline beyond the one year considered within the City's fiscal year, the City will also consider adoption of business plans necessary for the accomplishment of City short term or long term goals. These business plans will be presented and recommended to the City Council in the proposed annual operating budget and shall be used for development of future budget recommendations as necessary to accomplish these goals. The City shall also maintain business plans and /or rate models for enterprise operations. Preparation of annual budget will include model for years two and three, with specific revenue and expenditure assumptions. Section 10. Cost Recovery. The City may recover costs in the General Fund by charging other funds for administrative costs incurred to support their operations. The City shall attempt to pursue and maintain a diversified and stable revenue stream for the General Fund in order to shelter finances from short term fluctuations in any one revenue source. In order to meet the requirements outlined herein, every effort will be made to base rates on a cost of service model so costs incurred for certain services are paid by the population benefiting from such services. 61 Section 11. Quarterly Financial Reporting and Monitoring. The City Manager shall provide interim financial performance reports and updates to the City Council on a quarterly basis. These interim reports must include detailed year to date revenue and expenditure estimates, as well as explanations for major variances to budget. The format of the quarterly report must be relatively consistent with the adopted budget. Section 12. Use of Nonrecurring Revenue. The City shall endeavor to use nonrecurring revenue to fund one -time expenditures. Nonrecurring revenue may include items such as sale of fixed assets, court settlements, or revenue collection windfalls. Section 13. Debt Management. The City Manager shall adhere to the Debt Management Policy adopted by Resolution 028902 on December 14, 2010, and reaffirmed by Resolution 029321 on December 13, 2011. Section14. Capital Improvement Plans /Funding. The annual Capital Improvement Plan shall follow the same cycle as the Operating Budget. As part of the annual capital budget process, the City shall update its short and long range capital improvement plans. For the three -year short term plan, projects include any projected incremental operating costs for programmed facilities. The long range plan extends for an additional seven years, for a complete plan that includes ten years. Short -term plan projects must be fully funded, with corresponding resources identified. As part of a concerted effort to reduce debt levels and improve financial flexibility, the City shall pursue pay -as- you -go capital funding where possible. Section 15. Expenditures. Within the limitation of public service needs, statutory requirements and contractual commitments expenditures included in the operating budget shall represent the most cost efficient method to deliver services to the citizens of Corpus Christi. Efforts to identify the most cost efficient method of service delivery shall continue during the fiscal year after the operating budget is adopted and may be implemented during the fiscal year as necessary and of benefit to the public." Section 16. Zero Based Budgeting type of process. To prepare the City's operating budget, the City shall utilize a Zero Based Budgeting type of process. The staff shall be accountable for utilizing a Zero Based Budgeting type of process comprehensively for all department budgets. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Nelda Martinez Mayor RESOLUTION Declaring intent to establish a street user fee for implementation in FY 2013 -2014; approving the design concepts for street user fee rates; and establishing policy relative to establishment of a street user fee. WHEREAS, City Council has created a Strategic Goal for a Street Improvement Plan which includes creating a dedicated funding source; and WHEREAS, on November 16, 2010 City Council passed Resolution No. 028862 creating a Street Maintenance Finance Ad Hoc Advisory Committee (Committee) to evaluate funding options for street repair and maintenance and to develop a street maintenance funding plan; and WHEREAS, the Committee proposed certain funding options and staff developed a street maintenance funding plan; and WHEREAS, City Council must approve a schedule of street user fees; and WHEREAS, various street user fee policies will affect the calculation of street user fee revenues and use rates; and WHEREAS, City staff seeks preliminary guidance on policies to develop a budget framework; design changes to the City's billing software ( °HTE°) system; and calculate the estimates of street user fee revenues and rates, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Actions will be taken during Fiscal Year 2013 to establish a street user fee and associated policies, with an effective date of August 1, 2013, SECTION 2. The street user fee revenues will be directed to the Special Revenue Streets Fund. SECTION 3. The street user fee will be a supplemental source of revenue to be dedicated solely to street maintenance. SECTION 4. Steps will be implemented to preserve the level of funding of the Street Department. Excluding a decrease in General Fund revenues, the Street Fund budget's_ percentage relative to the General Fund will neither go below that of Fiscal Year 20'13, nor below its equivalent if General Fund revenues increase. SECTION 5. Prior to street user fee implementation, staff will develop a street maintenance budget work plan. 091812 RESOLUTION stroet userfee 2012 FINAL 02.9634 Page 1 of 4 iANI'1cycn SECTION B. The City will investigate possibilities and benefits of other funding mechanisms as additional future sources of funding to reduce the revenue requirements and rate of the street user fee. SECTION 7. The basis of service measurement will be to use living area square footage as recorded by the Nueces County Appraisal District tax records and Trip Factors derived from trip generation rates published by the Institute of Traffic Engineers. SECTION S. Land use designations used to determine the appropriate Trip Factor to be applied will be based on the Texas Land Use Code classification as recorded by the Nueces County Appraisal District tax records. SECTION 9. The City Council finds it reasonable and equitable for the City to assume that each non - irrigation water meter in the service area serves a user of a benefitted property, Therefore, a street user fee will be charged to active non - irrigation water meters, SECTION 10. The rate design for street user fee charges will be based on the Equivalent Residential Unit (ERU) approach. SECTION 11. Land use designations will be consolidated into Trip Factor classifications which then will be applied against the ERU. Staff will explore options with regard to the number of classifications as well as their associated Trip Factors. SECTION 12. Residential accounts will be tiered based on living area square footage. SECTION 13. Staff primarily recommends Non - Residential accounts be capped at 5,000 square feet living area per active water meter. Staff will research alternate approaches, including exploration of a tiered system and/or alternate and escalating cap amounts and provide Council with additional recommendations. SECTION 14. For attached commercial, -attached housing, and mobile homes, the street user fee charge will be billed: (i) to the customer where individually metered; and (ii) to the property owner where master metered. SECTION 15. The following properties shall be exempt from the street user fee: A. City, county, state or federal property B. Independent school district property C. Non- metered property SECTION 16. A person may appeal a street user fee charge as it applies to active water meter status. SECTION 17. For any change to a street user fee charge related to a correction to living area square footage or to a Texas Land Use classification, no adjustment may be made effective until after the Nueces County Tax Appraisal District has updated its records 091812 RESOLUTION street user fee 2012 FINAL Page 2 of 4 and the updated records have been downloaded into the City's billing system. No adjustments will apply retroactively, SECTION 18. No credits will apply to street user fees or charges. SECTION 19. If a person falls to pay a street user fee charge when due, the City will take all necessary action and employ all remedies available at law to enforce payment and collect amounts due, which may include discontinuing utility service and/or placing a lien on the property. SI =CTION 20. Staff will recommend a rate model for Council's approval for implementation no later than the 4th quarter of this Fiscal Year. SECTION 21. Staff will revise its street cut policy and create a street cut ordinance for Council's consideration. SECTION 22. Staff will investigate options for residential street assessments and prepare an amendment to the existing street assessment ordinance for Council's consideration. SECTION 23. The City Engineer, subsequent to stakeholder input, will develop new street design standards to meet a 30 year street design life. SECTION 24. Staff will explore and present Council with options for pursuing a more aggressive capital improvement program. SECTION 25. This resolution takes effect immediately upon its passage. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Joe dame Mayor 091812 RESOLUTION street userfee 2012 FINAL Page 3 of 4 Corpus Christi, Texas L3 — _.— of ' 2012 The above resolution was passed by the following vote. Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla C. Leal . David Loeb John E. Marez Nelda Martinez Mark Scott L i 4 AGENDA MEMORANDUM First Reading at the City Council Meeting of April 30, 2013 Second Reading at the City Council Meeting of May 14, 2013 DATE: April 30, 2013 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services a A constancep @cctexas.com (361) 826 -3227 Approval for the sale of foreclosed property at annual tax resale auction to recoup City's share of property taxes CAPTION: Ordinance authorizing the sale of no greater than one hundred and three (103) properties shown on the attached and incorporated "Re -Sale Property List" at a tax resale auction with opening bids of 20% of the most recent tax appraisal value, and reducing the opening bid for unsold properties by half. PURPOSE: The purpose of this agenda item is to authorize the sale of 103 foreclosed properties at a tax foreclosure auction to be held on June 1, 2013. BACKGROUND AND FINDINGS Properties within the City of Corpus Christi are periodically foreclosed upon due to non- payment of ad valorem taxes. The City and Nueces County entered into an Interlocal Agreement for the collection of delinquent ad valorem taxes. Nueces County, in turn, has contracted with the law firm of Linebarger, Goggan, Blair, & Sampson, L.L.P. to pursue collections of delinquent ad valorem taxes. When all avenues for collections are exhausted, foreclosed properties with delinquent ad valorem taxes are offered for sale at a public auction by the Sheriff. The opening bid at the "Sheriffs sale" is set by law and must be either the aggregate amount of taxes, municipal liens, and court costs due under the judgment or the adjudged value of the property, whichever is lower. (The adjudged value is the value stated on the face of the judgment and is the most recent tax appraisal value certified by the Nueces County Appraisal District.) If nobody is willing to pay the opening bid amount for the property, then the Sheriff strikes it off (sells it) to the taxing entities. The taxing entities then get the property in lieu of their delinquent taxes. If not sold at the auction, the law firm will then solicit written bids for these "Struck Off' properties and will bring any future resale offers before the taxing entities for their consideration at that time. At the present time, there are approximately 150 properties on the Nueces County Resale List. The law firm has reviewed the inventory of tax resale properties in Nueces County and has identified 103 properties for which no offers are pending. As in prior years, these properties are offered for sale at a public auction at the Nueces County Courthouse with a reduced opening bid. The tax foreclosure auction is scheduled for June 1, 2013 with opening bids listed in Exhibit A. If any of the properties are not sold at this initial auction, it is proposed to immediately re -offer those properties for sale by the auctioneer at half of the original opening bid. This action is to ensure that every reasonable effort is made to sell the properties and return them to the tax rolls. The monies received from this sale are distributed pursuant to the property tax code. The net proceeds from the sale are first applied to pay off the outstanding court costs and the remaining funds are applied on a pro rata basis to each taxing jurisdiction. ALTERNATIVES n/a OTHER CONSIDERATIONS Each of the 103 properties has been reviewed by Neighborhood Services, Engineering Services, and Parks and Recreation for potential City use. Although both Engineering Services and Parks and Recreation did not identify any properties for potential City use, Neighborhood Services is still evaluating each property. If any properties are selected for removal from the list after action is taken on this agenda item but prior to June 1, 2013, City staff will ask the law firm to remove the property from the list of properties to sell. The ordinance presented in this agenda item has been worded in such a way to accommodate both the City and the law firm in the event any properties are removed from the list prior to the tax foreclosure auction date of June 1, 2013. CONFORMITY TO CITY POLICY This item conforms to City policy and is routine in nature. EMERGENCY /NON- EMERGENCY Non - emergency DEPARTMENTAL CLEARANCES • Legal Department • Engineering Services • Neighborhood Services • Parks and Recreation FINANCIAL IMPACT x Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP (until property is sold) FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget Encumbered /Expended amount of (date) This item BALANCE FUND(S): COMMENTS: If any of the properties are sold at the tax foreclosure auction, then the City of Corpus Christi will receive its share pursuant to the property tax code, including a pro rata share of the outstanding liens owed to the City. Once payment is made, then the liens will be released on those properties. RECOMMENDATION Staff recommends that City Council approve the proposed Ordinance. LIST OF SUPPORTING DOCUMENTS Exhibit A: Tax Resale Property List Ordinance x M = PA o0 O OH —1 Aa Re -Sale Property List Auction day is June 1, 2013 prepared by Linebarger Goggan Blair & Sampson, LLP page 1 of 4 City of Corpus Christi SUIT PROPERTY ITEM # NUMBER DEFENDANT NAME LEGAL DESCRIPTION P & D LIENS DUE VALUE OPENING BID ACCOUNT NUMBER CITY � rn M = N Os An Re -Sale Property List SUIT ITEM # NUMBER DEFENDANT NAME PROPERTY LEGAL DESCRIPTION P & D LIENS DUE VALUE OPENING BID ACCOUNT NUMBER CITY Auction day is June 1, 2013 Prepared by Unebarger Goggan Blair & Sampson, LLP page 2 of 4 City of Corpus Christi THE NORTH 50 FT OF LOT 6 & SOUTH 25 FT OF 46 06-4541 -B JOHNNY M SUAREZ RAMOS LOT 7, BLOCK 7 LEXINGTON ESTATES 47 08.4943 - F ROSA M S LOT 10 BLOCK 50 B FF PORTION $3.682.87 $34,334 $ 6,870 44034007 -0065 $ 4,527.71 48 081F843 -F OSA GQNZALES LOT 11 BLOCK 50 BLUFF ON $3,554.98 $3,750 $ 750 0797 -0050-0100 $ 126.12 49 R S LOT 7 BLOCK FF ON $6,697.04 750 $ 750 OM-0050-Of i $ 171.32 50 08�F943 -F ROSA M GO LOT 10 BL K 4 ADDMON $4 $6.180 $ 1,240 079 -0054 -0070 $ 489.99 51 084943 -F M LES LOTS 1 END ADDITION X57.57 $275.00 $6,750 $ $ $ 1,350 3,430 100 24 52 53 0&4943 -F 0&4943 M PAR LO BLOCK D KER AUDITION 1$0.00 $3 $3,750 $ 750 64034 001 -0080 6403. 0004 -0020 $ $ 844.17 58.66 54 -f 09 -G OSA M GONZALES AUCE13VALDEZ LOT 13 BL 1 WARNECKE ADDITION $4,079.67 $4,706 $ 950 0-00 130 1,036.19 093625 OT 12 BLOCK TM AD ON $9,700.71 $3,825 $ 770 40074002 -0120 $ 438,34 56 -G 09- 3626 -A IA HORTENSE WLLIAMS LOT 3 BLOCK 9 JONES ADDITION $4,926,50 $5,850 $ 1,170 379540009 -0030 $ 590.89 LOT B BLOCK 6 HARLEM PARK $1,718.02 $6,739 3232 - 0006-0080 $ 822.06 57 07 2635 -F FRANK ARMENDAREZ LOT 25 BLOCK 10 AIRPORT PARK $0.D0 $9,063 0072 - 0010-0250 $ 1,132.34 58 08. 4933 -C MARIA DE LA RO L 27 L to E ADD ON $5,139.50 $18,972 4032-0005 -0270 $ 1,140.36 59 08. 6253 -F GILBERTO CASTILLO LOT 2 LOCK 2 C NS ADDITION $5,992.46 $7,128 1593- 0002 -0020 $ 601.60 60 08-595" MILTON WEST LOT 10 BLOCK 67 BLUFF PORTION $5,996.77 $3,750 R 52,240 0797 - 0067-0 $ 483.09 LOTS 17 & 18 BLOCK 5 NUECES BAY HEIGHTS 61 08-5959 -C RAYMUNDO LONGORIA ADDITION $2,660.05 $11,180 5820-0005 -0170 $ 1,253.02 62 08- 5959 -C RAYMUNDO LONGORIA LOT 3 BLOCK 46 8 F PORTION $2,738.46 $26,838 0797 - 0030 $ 1,089.65 15 M EELViRA MO AIS LOT 20 BLOCK 2 A N ADD ION $2,642.10 $6,554 315-0002 - 0200 $ 1,005.95 64 09- 3606 -E ELLEN HYDER LOTS 7 & 8 BLOCK 8 HILLCREST ADD ON $12,494.90 $6,500 $ 1,300 3443-0008 -0070 $ 470.79 2010DCV- 65 5366 -E O. R. HARGETT LOT 4 BLOCK 6 TRACY ADDITION $6,936.38 $7,063 $ 1,420 8802 - 00064XI40 $ 368.87 66 08- 5251 -G JAMES BRUCE WHITBY LOT 5 BLOCK 5 CARVER ADDITION NO. 2 $4,554.33 $8,758 $ 1,760 1391 -0005 -050 0 $ 638.29 67 0"266:T THOMAS CULLINAN LOTS 3 & 4 BLOCK 64 BLUFF PORTION $5,708.78 $6,955 $ 1,400 0797-0064-0030 $ 695.36 68 09-0891 -F )M EL GARZA LOT 35 BLOCK 1 MEADOW PARK ADDITION $2,347.96 $6,290 $ 1,260 0001 -0350 $ 3 69 09 -0891 -F ABE GARZA LOT 33 BLOCK 1 MEADOW PARK ADDITION $5,209.95 $6,290 $ 1,260 6000- 0001 -0325 $ 926.94 70 09- 4188 -C JOSE DE LOS SANTOS LOT 3 BE&T 8 MEADOW PARK AWIT15N $4,475.46 $6,375 $ 1,280 5000 -0018 -0030 $ 2, 19 THE NORTH 112 OF LOT 5 BLOCK 1 MONTROSE 71 09.5952 -E BENJAMIN J PINA PARKADDITION $3,122.17 $33,950 $ 6,790 5324-0001.8055 $ 1,411.15 72 08- 2881-4 ARTURO B@NA DES LOT 5 BLOCK 9 CORONADO ADDMON $4,700.95 $5,922 $ 1,190 1795. 0009 -0050. $ 832.33 73 08- 3610 -A ALBERT ZEIGE LOT 16 BLOCK 4 WINDSOR PARK UNIT 1 $560.70 $60,164 $ 12,040 9764-0004-0160 ,775.54 74 08- 5294 -D JESUSA F LOPEZ LOT 5 BLOCK 4 SEIKEL ADDITION $2,751.32 $2,125 $ 430 7891 - 0004-0050 S 751.33 75 093626 -A LOUISA MOYA LOT 10 BLO 10 7kUSTIlN VODMON $2,079.29 $6,554 $ 1,320 0315 - 0010 -0100 $ 703.29 201aDCV LOTS 50 AND 51 AND A PORTION OF LOT 49 76 5362 -B VICTORIA S RIOS BLOCK 1601 BAY TERRACE ADDITION $5,289.52 $8,281 $ 1,660 0481- 1601 -0500 $ 73 1.29 2011DCV 77 2196 H ROBERT FRANCO LOT 6 BLOCK 2 LA REINA ADDITION $3,980.00 $10,500 $ 2,100 4077- 0002 -0060 $ 137.91 2011 DCV THE WEST ONE HALF OF LOT 12 BLOCK 50 78 2465 -8 SOFIA MARQUEZ BLUFF PORTION ADDITION $6,549.81 $1,875 $ 380 0797-0030-0125 $ 258.75 79 09- 6-A FRED JIM EZ LOTS 2 & 3 BL 6 SEIKEL ADDITION $3,748.15 $4,210 $ 850 7891 - 0006-0020 $ 916.94 80 09- 1558 -F JOSE AYALA LOT 12 BLOCK 8 CA BLANCA ADDITION $3,610.35 $8,012 $ 1,610 008 -0120 $ 1,364,60 81 09- CHARLES DLIN LOT 1 BLOCK 15, MEADOW PARK ADDITION $7,494.52 $6,375 $ 1,280 5000-0015 -0010 $ 601.99 Prepared by Unebarger Goggan Blair & Sampson, LLP page 2 of 4 City of Corpus Christi Re Sale Property List Auction day is June 1, 2013 SUIT ITEM # NUMBER DEFENDANT NAME LEGAL DESCRIPTION P & D LIENS DUE PROPERTY VALUE OPENING BID ACCOUNT NUMBER CITY 82 09. 6901 -F PATRICIA BOWDEN LOTS 8, 9 & 10 BLOCK 13 HILLCREST ADDITION $0.00 $9,750 $ 1,950 3443 -0013 -0080 $ 341.06 83 103483 -A JULIA GARCIA LOTS 47 & 48 BLOCK 3 SAN PEDRO ADDITION 7634. 0003 -0470 7 2010DCV- $1.900.00 $4,250 $ 850 0003 -0480 $ 687.90 84 85 4175 -D 08-3604-C DOUGLAS CRAWFORD MARY MARTHA R LOT 3 BLOCK 3 HIGHLAND ADDITION $1,432.06 $12.805 $ 2.570 3405- 0003-0030 $ 1,160.76 LOT i BLOCK W AUSTI[N NO.2 $0.00 $20,168 $ 4,040 6-0001 -0010 $ 2,065.07 LOTS 15 AND 16 BLOCK 5 NUECES BAY 86 08- 5002 -A MARY ALEXANDER HEIGHTS $3,934.42 $12,694 $ 2,540 5820- 0005 -01.50 $ 2,022.96 LOT$ 11 AND 12 BLOCK 34 HILLCREST 87 08-5967 -G RUSSELL MOTT ADDITION $13,244.38 $6,500 $ 1,300 3443 -0034 -0110 $ 1,176.40 68 09-1329x4 T VAL EZ LOT 10 FLOCK 14 CORONADO ITION $12,924.47 $3,400 $ 680 17964M4-0100 $ 2,080.14 A PORTION OF LOTS 11 AND 12 BLOCK 4 OAK 89 09- 4221 -G ADDIS P HEINECKEN PARKADDI TION $418.79 $14,323 $ 2,870 5938 - 0004 -0120 $ 1,498.84 LOTS 3 & 4 SOUTHWEST 114 BLOCK'C' COLONIA 90 07- 5134 -C FRANCISCA H ORTIZ MEXJCANA CORPUS CHRISTI $3,484.00 $1 $ 320 1695 -0011 -0030 $ 231.35 91 09.1 -C EDUARDO C. CAMPOS SR. LOT INLOCK 1 PARKSIDE ADDITION $2,258.81 $62,3001 $ 10,460 6443 -0001 -0010 $ 2,862.85 92 09- 2023 -0 ESTEBAN DE LEON LOTT 22 BLOCK 2 LA ARSOLEDA ADDITION $0.00 $36,415 $ 7,290 4032- 0002 -0220 $ 2,051.29 X 93 09.5 MINERVA RODRIGUEZ LOT 23 BLOCK 4 HIGH TERPME SUBDIVII170 $3,541.53 $8,000 $ 1,6 00 3380.0004-0230 $ 392.46 = 20100CV- LOT 9 BLOCK 2 CASA BLANCA ADDITION TO yy Fp 94 5364 -G LAURO QUNITANILLA CORPUS CHRISTI $6,068.29 $6,064 $ 1,620 1386-0002.0090 $ 243.71 o -1 20100CV A n 95 5352 -F PATRICIA COLLIER LOT 11 BL OCK 1 EL REY ADDITION $2,061.98 $8,400 $ 1,660 2277- 0001 -0110 $ 466.44 2011DCV LOT I BLOCK 11 LAWNDALE SUBDIVISION UNIT 96 2137 -A MARY ASANCHEZ 1 $7,257.80 $15,688 $ 3,140 4260 -0011 -0010 $ 481.41 2011 DCV- 97 2176 -E JOHN JOE GONZALEZ LOT 9 BLOCK 50 BLUFF PORTION $4,186.62 $6,000 $ 1,200 0797 -0050 -0090 $ 264.16 2011 DGV 98 4128 -F JOSE Q. HERNANDEZ LOT 7 BLOCK 7 H B L.UTER PARTITION $6,451.18 $1,725 $ 350 4626- 0007 -0070 $ 210.17 101 85- 8663 -F AKIN & VEAL BLOCK 3, NAVAL CENTER ADDITION $6,569,01 $19 $ 3,900 5623 -0003 -0010 $ 2,383.66 20100CV- LOT C-25 BLOCK IV FLOUR BLUFF ESTATES NO. 102 5430 -F OSCAR GROSS 1 SUBDIVISION $5,589.94 $4,400 $ 880 2486- 0007 -0252 $ 172.53 NORTH 20 FEET OF LOT 1 BLOCK 7 FLOUR 103 10. 1202 -C JOHN TOMPKINS TRUSTEE BLUFF GARDENS $1,040.00 $5,800 $ 1 2495-0007 -0010 $ 435.74 104 09- 2847 -G JOSE LUIS ALVAREZ L ­ 3T 43 BLOCK L DON PATRICK) SUBDIVISION $2,807.52 $14,268 $ 2,860 2127. 0012.0430 $ 761.56 105 101806 -H ROBERT MC 1NTURF LOT 7 BLOCK J DON PATRICIO SUBDIVISION $2,753.00 $12,841 $ 2,570 2127 -0010-0070 $ 719.21 106 04- 7125 -E ISERVANDO MATA LOT 16 BLOCK 8 WALDRON SUBDIVISION UNIT 2 $6,678.95 $12,972 $ 2,600 9147 - 0088 -0160 $ 928.73 107 09- 2054 -E MARY JEAN BARTZ LOT 15 BLOCK 16 LAGUNA VISTA SHORES $533.89 $15,072 $ 3,020 4130 - 0016 -0150 $ 983.60 108 08- 2054 -E MARY JUN LOT 16 BLOCK 16 LAGUNA VISTA SHORES $9,817.28 $15,072 $ 3,020 4130 - 0016-0160 $ 839.12 THE EAST ONE -HALF OF LOT 4 BLOCK 2 FLOUR 109 064699x4 GUADALUPE BARRfENTOS BLUFF ESTATES NO.2 $2,205.10 $8,250 $ 1,650 2487 -0002 -0045 $ 1,358.76 prepared by Unebarger Goggan Blair & Sampson, LLP page 3 of 4 City of Corpus Christi Re -Sate Property List Auction day is June 1, 2013 SUIT PROPERTY ITEM # NUMBER DEFENDANT NAME LEGAL DESCRIPTION P & D LIENS DUE VALUE OPENING BID ACCOUNT NUMBER CITY � m m x M _ A W O � A � 110 09- 204" ARMANDO G MVIA00 LOT 7 BLOCK 715 BA ARIA BAY UNIT 5 $1,D59.20 $13,387 $ 2,680 0429-0715 -0070 $ 1,536.59 THE EAST 10 FEET OF TRACT 'C' & ALL OF TRACT'D' LOT 4 BLOCK'G' FLOUR BLUFF 111 08. 1415 -B DANIEL R. MODL ESTATES $1,611.69 $6,600 $ 1,320 2466- 0007 -0043 $ 1,887.21 LOT as BLOCK 9 FLOUR BLUFF ESTATES 112 094139 -C FREDDIEA. COOK SUBDIVISION NO. $1,182.30 $12,375 $ 2,480 2487- 0009 -0085 $ 702.57 739 OB- �I3294 ALBERT FLORES LOT 22 BLOCK 3 SAN JUAN.ADDITION NO: 2 $4,007.71 $5,278 $ 1,050 7625-0003.0220 $ 405.60 THE SOUTH 1/2 OF LOT 43 & THE NORTH 1/2 OF LOT 44, BLOCK 2, HUDSON ACRES, LESS THE 140 08. 4326 -C ENRIQUE REYNA WEST 30 FEET THEREOF $1,705.46 $6,785 $ 1,360 3593- 0002 -0435 $ 456.03 2010DCV LOT 21 BLOCK 9 CLARKWOOD TRACT 141 . 5695-A DIANE M. RALEY SUBDIVISION $3,479.89 $6,970 $ 1,400 1623 -0009 -0210 $ 1,257.15 THE NORTH ONE -HALF OF LOT 45 BLOCK 2 2010DCV- HUDSON ACRES, SAVE & EXCEPT THE WEST 30 142 5292 -A FRANCISCA SEGOVIA FEETTHEREOF $5,423.52 $4,397 S 880 3393- 0002 -0455 $ 312.11 143 09- 1992 -8 ISYLVIA F. MATTHEWS A PORTION OF LOT 1 ABBOTT ADDITION UNIT 2 $3,229.79 $26,775 $ 5,360 0002. 8000 -0010 $ 770.21 LOT 54 BLOCK 1 SAN SIMEON SUBDIVISION 144 094816 -8 JANIE M. BUENTELLO UNIT $3,695.95 $15,246 $ 3,050. 7645 - 0001 -0540 $ 678.80 9253-0002 - 0260 145 094058 ANTHONY SLAUGHTER LOT 26 BLOCK 2 WASHINGTON ADDITION $12,322.61 $16,502 $ 3,310 9253-0002 -0261 $ 1,275.21 146 -47 JOSE MADRIGAL LOT 20A BLOCK 4 LAGUNA ACRES, REPLAT $0.00 $18,976 $ 3,800 4100-0004-0205 $ 2,131.52 $403,548.31 $1,093,510 # of Items for your jurisdiction 103 Total base tax due to your jurisdiction $103,674.42 Total base lien amounts due to your jurisdiction $403,548.31 prepared by Unebarger Goggan Blair & Sampson, LLP page 4 of 4 $219.050 $103,674,42 City of Corpus Christi Ordinance authorizing the sale of no greater than one hundred and three (103) properties shown on the attached and incorporated "Re- Sale Property List" at a tax resale auction with opening bids of 20% of the most recent tax appraisal value, and reducing the opening bid for unsold properties by half. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That pursuant to Section 34.05 of the Tax Code, the governing body of the City of Corpus Christi authorizes the sale of no greater than one hundred and three (103) properties shown on the attached and incorporated "Re -Sale Property List" at a tax resale auction. Opening bids shall be 20% of the most recent tax appraisal value, as described on the attached "Re -Sale Property List." Should property fail to sell, opening bid shall be further reduced by half. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 1 , by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following votes: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott PASSED AND APPROVED this the the day of ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor Re -Sale Property List SUIT ITEM # NUMBER DEFENDANT NAME PROPERTY LEGAL DESCRIPTION P & D LIENS DUE VALUE Auction day is June 1, 2013 OPENING BID ACCOUNT NUMBER CITY 16 06- 4058 -G FELIPE MARTINEZ JR. LOT 10 BLOCK 1 BUENA VISTA SUBDIVISION $956.12 $7,239 $ 1,450 1120-0001 -0100 $ 278.91 17 03- 7017 -F W. E BEALE LOT 21 BLOCK 7 MIDWAY ADDITION $3,153.12 $10.000 $ 2,000 5175-0007 -0210 $ 339.66 18 00- 0351 -G JOHNNIE MAE DANIEL LOT 3 BLOCK 2 SHORELINE PARK $5,683.08 $6,250 $ 1,250 8013 - 0002 -0030 $ 397.78 19 06- 3239 -F ALVINA GARCIA LOT 60 BLOCK 7 STEELE ADDITION $6,779.32 $3,544 $ 710 8409 -0007 -0600 $ 491.38 20 047188 -G V. LEE HOUSTON LOTS 20 AND 21 BLOCK 26 HILLCREST ADDITION $7,586.60 $6,500 $ 1,300 3443- 0026-0200 $ 598.45 21 07- 2131 -B PAUL ARMADILLO LOT 49 BLOCK 1 SAN PEDRO ADDITION $0.00 $2,125 $ 430 7634 - 0001 -0490 $ 403.39 22 07- 1032 -D MANUELA CHABES A PORTION OF LOT 11 BLOCK 1 HIGHLAND PARK ADDITION $0.00 $2,024 $ 410 3390 -0001 -0110 $ 310.01 23 08- 1930 -H RAYMOND B. JONES LOT 26 BLOCK 2 MANCHESTER PLACE $3,343.32 $8,739 $ 1,750 4740 - 0002 -0260 $ 1,122.12 24 09- 0881 -B ISABEL BARRERA LOT 12 BLOCK 2 ECKERD ADDITION $9,369.001 $3,564 $ 720 2245 -0002 -0120 $ 1,145.08 25 09- 4282 -B ROSIE GARCA LOTS 8, 9 & 10 BLOCK NW 114 B COLONIA MEXICANA $197.00 $2,344 $ 470 1695 -0005 -0080 $ 486.51 26 09- 1975 -H BOBBIE JO KRAMER LOT 7 AND THE NORTH 112 OF LOT 8 BLOCK 62 BLUFF PORTION $0.00 $9,000 $ 1,800 0797 - 0062 -0070 $ 3,090.19 27 08- 5960 -F LIMA J. ZAPATA LOTS 7 & 8 BLOCK 27 HILLCREST ADDITION $10,558.00 $6,500 $ 1,300 3443- 0027 -0070 $ 2,578.57 28 09- 2349 -B WESLEY C. CORNELIUS EAST PART OF FRACTI IONAL LOTS 7 & 8 BLOCK 52 BLUFF PORTION $1,561.23 $2,037 $ 410 0797 - 0052 -0080 $ 187.96 29 ❑3- 1971 -13 FERNANDO GARCIA III LOT 5 BLOCK 9 JONES ADDITION $459.83 $12,675 $ 2,540 3795 -0009 -0050 $ 2,703.12 30 08-4943 -F LORA ANN GARCIA UNIT 215 BULDING'C' LAMPLIGHTER CONDOMINIUMS $0.00 $21,748 $ 4,350 4184 - 0003 -0215 $ 1,417.02 31 09- 2839 -C DANIEL MENDEZ LOT 9 BLOCK 67 BLUFF PORTION $1,363.40 $3,750 $ 750 0797 - 0067 -0090 $ 256.84 32 09- 2839 -C DANIEL MENDEZ LOTS 11 AND 12 BLOCK 35 HILLCREST ADDITION $1,348.46 $6,500 $ 1,300 3443 -0035 -0110 $ 340.01 33 09- 2839 -C DANIEL MENDEZ THE EAST ONE -HALF OF LOT 12 BLOCK 50 BLUFF PORTION $827.90 $1,875 $ 380 0797 -0050 -0120 $ 116.14 34 09- 4919 -B ROSEMARY THOMPSON LOTS 16 AND 17 BLOCK 11 HILLCREST ADDITION $5,062.04 $6,500 $ 1,300 3443-0011 -0160 $ 755.97 35 10- 1224 -D ALBERT CAPETiLLO LOT 12 BLOCK 10 AIRPORT PARK $0.00 $25,585 $ 5,920 0072- 0010 -0120 $ 1,140.64 36 09-4839 -B VICTORY GOSPEL INTL LOT 20 BLOCK'S' REYNOLDS ADDITION $1,533.20 $19,101 $ 3,830 7193- 0002 -0200 $ 2,029.75 37 09- 4839 -B VICTORY GOSPEL INTL LOT 19 BLOCK 'B' REYNOLDS ADDITION $588.00 $31,526 $ 6,310 7193- 0002 -0190 $ 1,135.18 38 2011 DCV- 2149 -G CRESENCIO GARCIA LOTS 23 AND 24 BLOCK 13 HILLCREST ADDITION $8,201.87 $6,500 $ 1,300 3443- 0013 -0230 $ 239.84 39 2011 DCV- 2149 -G CRESENCIO GARCIA LOTS 23 AND 24 BLOCK 12 HILLCREST ADDITION $0.00 $6,500 $ 1,300 3443 - 0012 -0230 $ 321.82 40 04- 6530 -C DANIEL PATINO LOT 10 BLOCK C LA GLORIA ADDITION $0.00 $3,993 $ 800 4047 -0003 -0100 $ 676.94 41 08 -402" IGNACIO BUITRON JR. LOTS 1 & 2 BLOCK 4 WIESS ADDITION $8,246.10 $4,688 $ 940 9630- 0004 -0010 $ 1,618.16 42 08- 5261 -8 FRANK BARNES LOT 9 BLOCK 4 CARVER ADDITION $2,239.00 $8,613 $ 1,730 1390 - 0004 -0090 $ 1,272.32 43 09- 1978 -C EVA G PEREZ LOT 29 BLOCK 4 LA ARBOLEDA ADDITION $10,797.83 $8, 012 $ 1,610 4032 -0004 -0290 $ 1,036.10 44 09- 3632 -A CANDELARIA HERRERA THE SOUTH 43 FEET OF LOTS, 29, 30, 31 & 32 BLOCK 18 CHAMBERLAIN ADDITION $8,803.86 $4,300 $ 860 1 1512- 0018 -0290 $ 479.05 45 10- 1800 -G MARLENE GARCA LOT 4 BLOCK 5 PRESCOTT PARK UNIT-4 $6,630.00 $11,816 $ 2,370 7007- 0005 -0040 $ 714.20 prepared by Linebarger Goggan Blair & Sampson, LLP page 1 of 4 City of Carpus Christi Re -Safe Property List Auction day is June 1, 2013 SUIT PROPERTY ITEM # NUMBER DEFENDANT NAME LEGAL DESCRIPTION P & D LIENS DUE VALUE OPENING BID ACCOUNT NUMBER CITY 46 06-4541 -B JOHNNY M SUAREZ RAMOS THE NORTH 50 FT OF LOT 6 & SOUTH 25 FT OF LOT 7, BLOCK 7 LEXINGTON ESTATES $3,682.87 $34,334 $ 6,870 4403- 0007 -0065 $ 4,527.71 47 08- 4943 -F ROSA M GONZALES LOT 10 BLOCK 50 BLUFF PORTION $3,554.98 $3,750 $ 750 0797 -0050-0100 $ 126.12 48 08- 4943 -F ROSA M GONZALES LOT 11 BLOCK 50 BLUFF PORTION $6,597.04 $3,750 $ 750 0797 - 0050-0110 $ 171.32 49 08- 4943 -F ROSA M GONZALES LOT 7 BLOCK 54 BLUFF PORTION $4,895.55 $6,180 $ 1,240 0797 - 0054 -0070 $ 489.99 50 08-4943 -F ROSA M GONZALES LOT 10 BLOCK 4 MUSSETT ADDITION $2,257.57 $6,7501 $ 1 ,350 5463 -0004 -0100 $ 249.44 51 08- 4943 -F ROSA M GONZALES LOT 8 BLOCK 1 WEST END ADDITION $275.10 $17,142 $ 3,430 9367 - 0001 -0080 $ 844.17 52 08- 4943 -F ROSA M GONZALES LOT 2 BLOCK D PARKER ADDITION $0.00 $3,750 $ 750 6403- 0004 -0020 $ 58.66 53 08 -4943 -F ROSA M GONZALES LOT 13 BLOCK 1 WARNECKE ADDITION $4,079.67 $4,706 $ 950 9230 -0000 -0130 $ 1,036.19 54 09- 1999 -G ALICE B VALDEZ LOT 12 BLOCK 2 KOSAR ADDITION $9,700.71 $3,825 $ 770 4007- 0002 -0120 $ 438.34 55 09- 3625 -G ARTURO T GARCIA LOT 3 BLOCK 9 JONES ADDITION $4,926.50 $5,850 $ 1,170 3795 - 0009 -0030 $ 590.89 56 09- 3625 -A HORTENSE WILLIAMS LOT 8 BLOCK 6 HARLEM PARK $1,718.02 $6,739 $ 1,350 3232 -0006 -0080 $ 822.06 57 07- 2635 -F FRANK ARMENDAREZ LOT 25 BLOCK 10 AIRPORT PARK $0.00 $9,063 $ 1,820 0072 - 0010 -0250 $ 1,132.34 58 08- 4933 -C MARIA DE LA ROSA LOT 27 BLOCK 5 LA ARBOLEDA ADDITION $5,139.50 $18,972 $ 3,800 4032 -0005 -0270 $ 1,140.38 59 08- 5253 -F GILBERTO CASTILLO LOT 2 BLOCK 2 CITIZENS ADDITION $6,992.46 $7,128 $ 1,430 1593 -0002 -0020 $ 601.60 60 08- 5954 -A MILTON WEST LOT 10 BLOCK 67 BLUFF PORTION $5,996.77 $3,750 $ 750 0797 -0067 -0100 $ 483.09 61 08- 5959 -C RAYMUNDO LONGORIA LOTS 17 & 18 BLOCK 5 NUECES BAY HEIGHTS ADDITION $2,660.05 $11,180 $ 2,240 5820- 0005 -0170 $ 1,253.02 62 08- 5959 -C RAYMUNDO LONGORIA LOT 3 BLOCK 46 BLUFF PORTION $2,738.46 $26,838 $ 5,370 0797 -0046 -0030 $ 1,089.65 63 09- 1559 -E ELVIRA MONSEVAIS LOT 2013LOCK 2 AUSTIN ADDITION $2,642.10 $6,554 $ 1,320 0315- 0002 -0200 $ 1,005.95 64 09- 3606 -E ELLEN HYDER LOTS 7 & 8 BLOCK 8 HILLCREST ADDITION $12,494.90 $6,5001 $ 1,300 3443- 0008 -0070 $ 470.79 65 2010DCV- 5366 -E O. R. HARGETT LOT 4 BLOCK 6 TRACY ADDITION $6,936.38 $7,063 $ 1 ,420 8802 - 0006 -0040 $ 368.87 66 08- 5251 -G JAMES BRUCE WHITBY LOT 5 BLOCK 5 CARVER ADDITION NO. 2 $4,554.33 $8,759 $ 1,760 1391 - 0005 -0050 $ 638.29 67 08- 5260 -G THOMAS CULLINAN LOTS 3 & 4 BLOCK 64 BLUFF PORTION $5,708.78 $6,955 $ 1,400 0797 - 0064-0030 $ 695.36 68 09- 0891 -F ABEL GARZA LOT 35 BLOCK 1 MEADOW PARK ADDITION $2,347.96 $6,290 $ 1,260 5000- 0001 -0350 $ 303.95 69 09- 0891 -F ABEL GARZA LOT 33 BLOCK 1 MEADOW PARK ADDITION $5,209.95 $6,290 $ 1,260 5000 - 0001 -0325 $ 926.94 70 09- 4188 -C JOSE DE LOS SANTOS LOT 3 BLOCK 18 MEADOW PARK ADDITION $4,475.46 $6,375 $ 1,280 5000- 0018 -0030 $ 2,808.19 71 09- 5952 -E BENJAMIN J PINA THE NORTH 112 OF LOT 5 BLOCK 1 MONTROSE PARK ADDITION $3,122.17 $33,950 $ 6,790 5324-0001 -0055 $ 1,411.15 72 08- 2881 -A ARTURO BENAVIDES LOT 5 BLOCK 9 CORONADO ADDITION $4,700.95 $5,922 $ 1,190 1795 - 0009 -0050 $ 832.33 73 08- 3610 -A ALBERT ZEIGER LOT 16 BLOCK 4 WINDSOR PARK UNIT 1 $560.70 $60,164 $ 12,040 9764- 0004 -0160 $ 7,775.54 74 08- 5294 -D JESUSA F LOPEZ LOT 5 BLOCK 4 SEIKEL ADDITION $2,751.32 $2,125 $ 430 7891 -0004 -0050 $ 751.33 75 09- 3628 -A LOUISA MOYA LOT 10 BLOCK 10 AUSTIN ADDITION $2,079.29 $6,554 $ 1,320 0315 - 0010 -0100 $ 703.29 76 2010DCV 5362 -B VICTORIA S RIOS LOTS 50 AND 51 AND A PORTION OF LOT 49 BLOCK 1601 BAY TERRACE ADDITION $5,289.52 $8,281 $ 1,660 0481 -1601 -0500 $ 731.29 77 2011 DCV- 2195 -H ROBERT FRANCO LOT 6 BLOCK 2 LA REINA ADDITION $3,980.00 $10,500 $ 2,100 4077- 0002 -0060 $ 137.91 78 2011 DCV 2465 -B SOFIA MARQUEZ THE WEST ONE -HALF OF LOT 12 BLOCK 50 BLUFF PORTION ADDITION $6,549.81 $1,875 $ 380 0797 - 0050 -0125 is 268.75 79 09-2356 -A FRED JIMENEZ LOTS 2 & 3 BLOCK 6 SEIKEL ADDITION $3,748.15 $4,210 $ 850 7891- 0006 -0020 $ 916.94 80 09- 1558 -F JOSE AYALA LOT 12 BLOCK 8 CASA BLANCA ADDITION $3,510.35 $8,012 $ 1 ,610 1396 -0008 -0120 $ 1,364.60 81 09- 3605 -G ICHARLES SANDLIN LOT 1 BLOCK i5, MEADOW PARK ADDITION $7,494.52 $6,3751 $ 1,280 5000 -0015 -0010 $ 601.99 prepared by Linebarger Goggan Blair & Sampson, LLP page 2 of 4 city of Corpus Christi Re -Sale Property List Auction clay is June 1, 2023 SUIT PROPERTY ITEM # NUMBER DEFENDANT NAME LEGAL DESCRIPTION P & D LIENS DUE VALUE OPENING BID ACCOUNT NUMBER CITY 82 09- 5901 -F PATRICIA BOWDEN LOTS 8, 9 & 10 BLOCK 13 HILLCREST ADDITION $0.00 $9,750 $ 1,950 3443 -0013 -0080 $ 341.06 83 10 -3483 -A JULIA GARCIA LOTS 47 & 48 BLOCK 3 SAN PEDRO ADDITION $1,900.00 $4,250 $ 850 7634 - 0003 -0470 763 0003 -0480 $ 687.90 84 201 ODCV- 4175 -D DOUGLAS CRAWFORD LOT 3 BLOCK 3 HIGHLAND ADDITION $1,432.06 $12,805 $ 2,570 3405 -0003 -0030 $ 1,160.76 85 08- 3604 -C MARY MARTHA RUIZ LOT 1 BLOCK W AUSTIN ADDITION NO. 2 $0.00 $20,168 $ 4,040 0316 -0001 -0010 $ 2,065.07 86 08- 5002 -A MARY ALEXANDER LOTS 15 AND 16 BLOCK 5 NUECES BAY HEIGHTS $3,934.42 $12,694 $ 2,540 5820- 0005 -0150 $ 2,022.96 87 08- 5967 -G RUSSELL MOTT LOTS 11 AND 12 BLOCK 34 HILLCREST ADDITION $13,244,38 $6,500 $ 1,300 3443 -0034 -0110 $ 1,176.40 88 09-1329-A IGNACIO VALDEZ LOT 10 BLOCK 14 CORONADO ADDITION $12,924.47 $3,400 $ 680 1795 - 0014-0100 $ 2,080.14 89 09- 4221 -G ADDIE P HEINECKEN A PORTION OF LOTS 11 AND 12 BLOCK 4 OAK PARK ADDITION $419.79 $14,323 $ 2,870 5938 - 0004 -0120 $ 1,498.84 90 07- 5134 -C FRANCISCA H ORTIZ LOTS 3 & 4 SOUTHWEST 114 BLOCK 'C' COLONIA MEXICANA CORPUS CHRISTI $3,484.00 $1,563 $ 320 1695- 0011 -0030 $ 231.35 91 09- 1997 -C EDUARDO C. CAMPOS SR. LOT 1 BLOCK 1 PARKSIDE ADDITION $2,268.81 $52,300 $ 10,460 6443 -0001 -0010 $ 2,862.85 92 09- 2023 -C ESTEBAN DE LEON LOTT 22 BLOCK 2 LA ARBOLEDA ADDITION $0.00 $36,415 $ 7,290 4032- 0002 -0220 $ 2,051.29 93 09 -5958 -B MINERVA RODRIGUEZ LOT 23 BLOCK 4 HIGH TERRACE SUBDIVISION $3,541.53 $8,000 $ 1,600 3380 -0004 -0230 $ 392.46 94 2010DCV- 5364 -G LAURO QUNITANILLA LOT 9 BLOCK 2 CASA BLANCA ADDITION TO CORPUS CHRISTI $6,068.29 $8,064 $ 1,620 1396 -0002 -0090 $ 243.71 95 201 ODCV- 5352 -F PATRICIA COLLIER LOT 11 BLOCK 1 EL REY ADDITION $2,061.98 $8,400 $ 1,680 2277 - 0001 -0110 $ 466.44 96 2011DCV- 2137 -A MARY ASANCHEZ LOT 1 BLOCK 11 LAWNDALE SUBDIVISION UNIT 1 $7,257.80 $15,688 $ 3,140 4260- 0011 -0010 $ 481,41 97 2011 DCV- 2176 -E JOHN JOE GONZALEZ LOT 9 BLOCK 50 BLUFF PORTION $4,186.62 $6,000 $ 1,200 0797 -0050 -0090 $ 254.16 98 1 2011 DCV- 4128-F JOSE O. HERNANDEZ LOT 7 BLOCK 7 H B LUTER PARTITION $6,451.18 $1,725 $ 350 4625 -0007 -0070 $ 210.17 101 85- 6663 -F AKIN & VEAL BLOCK 3, NAVAL CENTER ADDITION $6,569.01 $19,500 $ 3,900 5623- 0003 -0010 $ 2,383.66 102 2010DCV 5430 -F OSCAR GROSS LOT C -25 BLOCK'G' FLOUR BLUFF ESTATES NO. 1 SUBDIVISION $5,589.94 $4,400 $ 880 2486-0007 -0252 $ 172.53 103 10- 1202 -C JOHN TOMPKINS TRUSTEE NORTH 20 FEET OF LOT 1 BLOCK 7 FLOUR BLUFF GARDENS $1,040.00 $5,800 $ 1,160 2495 - 0007 -0010 $ 435.74 104 09- 2847 -G JOSE LUIS ALVAREZ LOT 43 BLOCK L DON PATRICIO SUBDIVISION $2,807.52 $14,268 $ 2,860 2127 -0012 -0430 $ 761.56 105 10- 1806 -H ROBERT MC 1NTURF LOT 7 BLOCK J DON PATRICIO SUBDIVISION $2,753.00 $12,841 $ 2,570 2127 -0010 -0070 $ 719.21 106 04-7125 -E SERVANDO MATA LOT 16 BLOCK 8 WALDRON SUBDIVISION UNIT 2 $6,678.95 $12,972 $ 2,600 9147 -0008 -0160 $ 928.73 107 09- 2054 -E MARY JEAN BARTZ LOT 15 BLOCK 16 LAGUNA VISTA SHORES $533.89 $15,072 $ 3,020 4130 - 0016 -0150 $ 983.60 108 09 -2054E MARY JEAN BARTZ LOT 16 BLOCK 16 LAGUNA VISTA SHORES $9,817.28 $15,072 $ 3,020 4130 - 0016 -0160 $ 839.12 109 0&4699A GUADALUPE BARRIENTOS THE EAST ONE -HALF OF LOT 4 BLOCK 2 FLOUR BLUFF ESTATES NO. 2 $2,205.10 $8,250 $ 1,650 2487 - 0002 -0045 $ 1,358.76 prepared by Linebarger Goggan Blair & Sampson, LLP page 3 of 4 City of Corpus Christi Re -Sale Property List Auction day is June 1, 2013 SUIT PROPERTY ITEM # NUMBER DEFENDANT NAME LEGAL DESCRIPTION P & D LIENS DUE VALUE OPENING BID ACCOUNT NUMBER CITY 110 09- 2040-G ARMANDO G MARIAUD LOT 7 BLOCK 715 BARATARIA BAY UNIT 5 $1,059.20 $13,387 $ 2,680 0429- 0715 -0070 $ 1,536.59 THE EAST 10 FEET OF TRACT'C' & ALL OF TRACT'D' LOT 4 BLOCK 'G' FLOUR BLUFF 111 08- 1415 -B DANIEL R. MODL ESTATES $1,611.69 $6,600 $ 1,320 2486 -00 -0043 $ 1,88 LOT 8B BLOCK 9 FLOUR BLUFF ESTATES 112 094139 -C FREDDIE A. COOT( SUBDIVISION NO.2 $1,182.30 $12,375 $ 2,480 2487- 0009 -0085 $ 702.57 139 08- 4329 -C ALBERT FLORES LOT 22 BLOCK 3 SAN JUAN ADDITION NO. 2 $4,007.71 $5,276 $ 1,060 7625 - 0003-0220 $ 405.60 THE SOUTH 112 OF LOT 43 & THE NORTH 112 OF LOT 44, BLOCK 2, HUDSON ACRES, LESS THE 140 08- 4326 -C ENRIQUE REYNA WEST 30 FEET THEREOF $1,705.46 $6,785 $ 1,360 3593 - 0002 -0435 $ 456.03 2010DCV- LOT 21 BLOCK 9 CLARKWOOD TRACT 141 5695 -A DIANE M. RALEY SUBDIVISION $3,479.89 $6,970 $ 1,400 1623 -0009 -0210 $ 1,257.15 THE NORTH ONE -HALF OF LOT 45 BLOCK 2 2010DCV- HUDSON ACRES, SAVE & EXCEPT THE WEST 30 142 5292 -A FRANCISCA SEGOVIA FEET THEREOF $5,423.52 $4,397 $ 880 3593 -0002 -0455 $ 312.11 143 09- 1992 -B SYLVIA F. MATTHEWS A PORTION OF LOT 1 ABBOTT ADDITION UNIT 2 $3,229.79 $26,775 $ 5,360 0002 - 0000 -0010 $ 770.21 LOT 54 BLOCK 1 SAN SIMEON SUBDIVISION 144 09- 4816 -8 JANIE M. BUENTELLO UNIT $3,695.95 $15,246 $ 3,050 7645 -0001 -0540 $ 678.80 9253 - 0002 -0260 145 09- 2058 -C ANTHONY SLAUGHTER LOT 26 BLOCK 2 WASHINGTON ADDITION $92,322.61 $16,502 $ 3,310 9253- 0002 -0261 $ 1,275.21 146 07- 4764 -C JOSE MADRIGAL LOT 20A BLOCK 4 LAGUNA ACRES, REPLAT $0.00 $18,976 $ 3,800 4100 - 0004 -0205 1 $ 2,131.52 $403,548.31 $1,093,510 $219,050 $103,674.42 # of Items for your jurisdiction 103 Total base tax due to your jurisdiction $103,674.42 Total base lien amounts due to your jurisdiction $403,548.31 prepared by Linebarger Goggan Blair & Sampson, LLP page 4 of 4 City of Corpus Christi AGENDA MEMORANDUM Public Hearing /First Reading Ordinance for the City Council Meeting of May 14, 2013 Second Reading Item for the City Council Meeting of May 28, 2013 DATE: April 17, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director of Development Services ark cctexas. com (361) 826 -3240 UDC Text Amendment Exempting RTA Signs that Contain Commercial Advertising CAPTION: Ordinance amending the Corpus Christi Unified Development Code by revising subsection 7.5.7.A.7 relating to signs partially exempt from the UDC; providing for severance, penalties, and publication. PURPOSE: This ordinance is presented as an effort to ensure compliance and improve the quality and effectiveness of the UDC. BACKGROUND AND FINDINGS The Unified Development Code was adopted in July 2011. Since that time, staff has worked with the public and stakeholders groups to correct and amend the code as needed to ensure a safe and development friendly community. This item proposes an amendment to Section 7.5.7.A.7, Signs Partially Exempt from Code, specifically signs installed by a transit company with a franchise or other right to operate in the City such as the Regional Transportation Authority (RTA). The City of Corpus Christi and the RTA executed an agreement on November 26, 1985, in which the Authority and the City agree that the Authority shall be responsible for any and all advertising placed on passenger shelters, benches or bus stop signs located within public right -of -way or easements maintained by the City . . ." Under the UDC, many of these signs are considered off - premise signs, similar to a billboard, and are not allowed. This proposed amendment will provide for the effectiveness of the previously executed agreement and current lease agreement between the Regional Transportation Authority and the City of Corpus Christi. ALTERNATIVES Disapproval of the proposed text amendment. OTHER CONSIDERATIONS N/A CONFORMITY TO CITY POLICY Amendment to the UDC to ensure compliance improve the quality and effectiveness of the code. EMERGENCY /NON- EMERGENCY This is a non - emergency item. DEPARTMENTAL CLEARANCES This proposed amendment has been discussed with Neighborhood Services, Planning and Environment Services, and the Legal Departments. FINANCIAL IMPACT ❑ Operating ❑ Revenue ❑ Capital Q Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Comments: None RECOMMENDATION Planning Commission and Staff's Recommendation: Approval of the proposed UDC text amendment. LIST OF SUPPORTING DOCUMENTS: Ordinance Attorney General's Opinion Ordinance amending the Corpus Christi Unified Development Code by revising subsection 7.5.7.A.7 relating to signs partially exempt from the UDC; providing for severance, penalties, and publication. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning this amendment of the Unified Development Code ( "UDC "); WHEREAS, with proper notice to the public, public hearings were held or Wednesday, April 10, 2013, during a meeting of the Planning Commission, and or Tuesday, May 14, 2013, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, 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's 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: SECTION 1. Article 7, Section 7.5., subsection 7.5.7.A.7 of the Unified Development Code ( "UDC "), entitled "Signs Partially Exempt from Code," is amended by revising the text to read as follows: "Article 7. General Development Standards. "7.5 Signs •� . r , MR 110 .1� ..- " * * * « * * * * * * * * "7. Signs installed by a transit company with a frachise or other right to operate in the City, where such signs are installed along its routes and relate to schedules or other information about the transit route or which contain off - premise advertisina. « * * * SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in Article 1, Section 1.10.1, and Article 10 of the UDC. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott Page 2 The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary day of , 20 Nelda Martinez Mayor Page 3 ATTORNEY oFTEX GREG ABBOTT June 27, 2003 The Honorable Frank Madla Opinion No. GA -0082 Chair, Intergovernmental Relations Committee Texas State Senate Re: Whether the City of San Antonio may P.O. Box 12068 impose right -of -way fees against a metropolitan Austin, Texas 78711 -2068 transit authority created under chapter 451 ofthe Transportation Code (RQ- 0020 -GA) Dear Senator Madla: You ask whether the City of San Antonio (the "City") may require VIA Metropolitan Transit Authority ( "VIA ") to pay a set fee for the installation and relocation of bus stops within the City's jurisdiction. VIA, a transit authority created under chapter 451 of the Transportation Code, is authorized to "acquire, construct, develop, own, operate, and maintain a transit authority system in the territory of the authority, including the territory of a political subdivision." TEx. TxANSP. CODE ANN. § 451.056(a)(1) (Vernon 1999). To fulfill this purpose, a transit authority may: (1) use a public way, including an alley; and (2) directly, or indirectly by another person, relocate or reroute the property of another person or alter the construction of the property of another person. Id. § 451.058(a). Furthermore, a transit authority that relocates or reroutes property is responsible for fully reimbursing the expenses of the property owner: (d) If an authority, through the exercise of a power under this chapter, makes necessary the relocation or rerouting of, or alteration of the construction of, a road, alley, overpass, underpass, railroad track, bridge or associated property, an electric, telegraph, telephone, or television cable line, conduit, or associated property, or a water, sewer, gas, or other pipeline or associated property, the relocation or rerouting or alteration of the construction must be accomplished at The Honorable Frank Madla - Page 2 (GA -0082) the sole cost and expense of the authority, and damages that are incurred by an owner of the property must be paid by the authority. Id. § 451.058(d). You indicate that, effective May 1, 2001, the City adopted an ordinance providing for "new right -of -way management regulation to manage construction, excavation and placement of utilities; [and] establishing fees. "' "Right of way" or "public right of way" is defined in the ordinance as: the surface of, and the space above and below, any Street, road, highway, freeway, lane, path, drainage way, channel, fee interest, public way or place, sidewalk, alley, boulevard, parkway, drive, or other easement now or hereafter held by the City or over which the City exercises any rights of management or control and shall include but not be limited to all easements now held, or hereafter held, by the City but shall specifically exclude private property. SAN ANTONIO, TEX., ORDINANCE 93319, § 29- 107(bb) (Jan. 25, 2001) at 3 ( "amending article IV, section 29 -106 et. seq. of the City Code "). "Right of Way —(ROW) User" means "a Person, its successors and assigns, that uses the Right of Way for purposes of work, Excavation, provision of Services, or to install, construct, maintain, repair Facilities thereon, including, but not limited to, landowners and Service providers." Id. § 29- 107(cc), at 3. "Person," defined as "any person, company, partnership, agency or other public or private entity, excepting the City," id. § 29- 107(v), is sufficiently broad to encompass VIA. Section 29 -112 of the ordinance provides that "[a]ll ROW users must register with the City within thirty (30) days of the effective date of this Ordinance." Id. § 29 -112, at 5. "No ROW user shall be authorized to utilize the Right of Way in any capacity or manner without registering and obtaining the necessary Right of Way Permit from the City." Id. Section 29 -117 of the ordinance provides that, "[a]t the time the Permit is issued, the Applicant shall pay a nonrefundable Application Fee in an amount as provided for in this Chapter." Id. § 29- 117(B), at 6. You state that "[s]ome of VIA's operations include the construction of amenities such as the placement of bus pads, benches, [and] poles ... within the city right of ways." Request Letter, supra note 1, at 1. "VIA will soon begin the process of installing and/or relocating approximately 400 bus sites. Under the City right -of -way ordinance, VIA would be compelled to pay $225.00 for each of the 400 sites it proposes to construct." Id. at 1 -2. "It is the City's position that since the placement of these amenities involve some construction and minor excavation (i.e. the pouring of concrete for the slabs), then VIA is compelled to pay such fees under the ordinance." Id. at 1. VIA contends first that, because the ordinance applies only to "certificated telecommunications providers," it is not applicable to VIA. Id. at 2. 'Letter from Honorable Frank Madla, Chair, Senate Intergovernmental Relations Committee, to Honorable Greg Abbott, Texas Attorney General, at 1 (Feb. 24, 2003) (on file with Opinion Committee) [hereinafter Request Letter]. The Honorable Frank Madla - Page 3 (GA -0082) The ordinance that amends article N, chapters 29 -106 through 29 -194, does in fact appear to be directed at "certificated telecommunications providers" ( "CTPs "). The preamble states, in relevant part: WHEREAS, Section 283 of the Texas Local Government Code (the "Act ") sets forth certain regulations governing municipalities and Certificated Telecommunications Providers ( "CTPs "). It is the City's intent to comply with these regulations; and WHEREAS, the purpose of the Act is to establish a uniform method of compensation for the use of public Right of Way by CTPs that is fair and reasonable, administratively simple, competitively neutral (relative to all CTPs), nondiscriminatory, and consistent relative to the municipalities and CTPs; and WHEREAS, this Ordinance promotes compliance with the Texas Utilities Code .... SAN ANTONIO, TEX., ORDINANCE 93319 (Jan. 25, 2001) at 1. For purposes of section 283 of the Local Government Code, a "certificated telecommunications provider" is defined as "a person who has been issued a certificate of convenience and necessity, certificate of operating authority, or service provider certificate of operating authority by the [Public Utilities Commission] to offer local exchange telephone service." TEX. Loc. Gov'T CODE ANN. § 283.002(2) (Vernon Supp. 2003). VIA, a transit authority, is obviously not a "certificated telecommunications provider" under this definition. Although the preamble references CTPs, the text of the ordinance, nonetheless, is specifically made applicable to "ROW [right -of -way] users." SAN ANTONIO, TEX., ORDINANCE 93319, § 29 -112 (Jan. 25, 2001) at 5. The City has construed the ordinance to include VIA. Because this office does not ordinarily construe municipal ordinances, we defer to the City's view that VIA is included within the ordinance. See Tex. Att'y Gen. Op. No. JC -0143 (1999) at 3 ( "this office does not generally construe city charters or ordinances "); Tex. Att'y Gen. LO -98 -058, at 3 ( "this office ordinarily does not construe municipal ordinances "). VIA next contends that it is exempted from the fees established by the ordinance by virtue of section 451.058 of the Transportation Code, which, as we have noted, authorizes VIA to "use a public way," and to "relocate or reroute the property of another person or alter the construction of the property of another person." TEX. TRANSP. CODE ANN. § 451.058(a) (Vernon 1999). That statute also requires that such "relocation or rerouting or alteration of the construction must be accomplished at the sole cost and expense of the authority, and damages that are incurred by an owner of the property must be paid by the authority." Id. § 451.058(d). The City, like every home -rule city, derives its power directly from article XI, section 5 of the Texas Constitution. A home -rule city need not look to the legislature for grants of power but only for limitations on its powers. See Dallas Merchs. & Concessionaires Ass'n v. City of Dallas, The Honorable Frank Madla - Page 4 (GA -0082) 852 S.W.2d 489, 490 -91 (Tex. 1993). Any such limitation must appear with unmistakable clarity, either expressly or by necessary implication from the constitution or general statutes. See id. at 491. In City of Richardson v. Responsible Dogs Owners of Tex., 794 S.W.2d 17 (Tex. 1990), the Texas Supreme Court upheld a City of Dallas ordinance even though there was "a small area of overlap" between "the provisions of [a] narrow statute and [a] broader ordinance." Id. at 19. The statute in that case, section 42.12 of the Penal Code, was limited to provisions for the restraint of dogs. In addition, the statute was "essentially a `first bite' law which makes it an offense only if a person keeps a dog that has actually engaged in vicious conduct and fails to restrain the dog or obtain the required insurance coverage within sixty days of the dog's vicious conduct." Id. By contrast, "the ordinance applies to any animal which may present a threat to the safety and welfare of the City's citizens; its enforcement does not depend on the dog having already bitten someone." Id. As was the case in City of Richardson, the ordinance under review here is more comprehensive than the reimbursement of relocation and rerouting costs contemplated by section 451.058(d) of the Transportation Code. As we have indicated, section 29 -117 of the ordinance requires any "person" to obtain a permit that authorizes "excavation in or under the ... Right of Way." SAN ANTONIO, TEx., ORDINANCE 93319, § 29 -117 (Jan. 25, 200 1) at 6. An applicant for a permit must pay a nonrefundable application fee. In addition, "[n]o fee or requirement authorized or imposed pursuant to this chapter shall be construed to affect or alter in any way any obligation of public and private Utilities with Facilities installed in any Right of Way to relocate the Facilities at no cost to the City, subject to state law, if applicable ...." Id. § 29- 117(E), at 6. Thus, the City contends that the fee includes "inspection of the permitted use, proper excavation and proper repair by the user. ,2 The cost of "proper excavation and proper repair by the user" is already subsumed within that portion of section 451.058(d) of the Transportation Code, which requires transit authorities to reimburse property owners for specific expenses. See TEX. TRANSP. COVE ANN. § 451.058(d) (Vernon 1999) ( "the relocation or rerouting of, or alteration of the construction of ... must be accomplished at the sole cost and expense of the authority, and damages that are incurred by an owner of the property must be paid by the authority "). The cost of "inspection of the permitted use," however, is not included within the list of charges that VIA is obligated to pay. Because section 451.058(d) prescribes specific costs that must be assumed by VIA, it necessarily follows that other charges may not be assessed. Thus, under the standard of the Dallas Merchants case, section 451.058(d) implicitly preempts "with unmistakable clarity" the imposition of inspection fees. We conclude that the City may not require VIA to pay a fee of $225.00 for each of the 400 sites it proposes to install or construct. 2 Brief from Andrew Martin, City Attorney, City of San Antonio, to Honorable Greg Abbott, Texas Attorney General at I (Apr. 8, 2003) (on file with Opinion Committee). The Honorable Frank Madla - Page 5 (GA -0082) SUMMARY Section 451.058(d) of the Transportation Code requires a transit authority to pay all construction, alteration, and rerouting costs associated with the installation and relocation of bus stops, and any damages incurred. Because the Transportation Code permits the imposition of only the specific charges listed therein, the City of San Antonio may not by ordinance require the VIA Metropolitan Transit Authority to pay duplicative or additional fees associated with such construction. Very truly yours, GR7EA BBOTT Attneral of Texas BARRY R. MCBEE First Assistant Attorney General DON R. WILLETT Deputy Attorney General for Legal Counsel NANCY S. FULLER Chair, Opinion Committee Rick Gilpin Assistant Attorney General, Opinion Committee U� p AGENDA MEMORANDUM � pia Public Hearing and First Reading for the City Council Meeting of May 14, 2013 1852 Second Reading for the City Council Meeting of May 28, 2013 DATE: May 8, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826 -3246 Rezoning from Residential to Industrial for Elizabeth Anne Meaney Property Address: 8801 State Highway 44 CAPTION Case No. 0313 -01 Elizabeth Anne Meaney A change of zoning from the "RS -6" Single - Family 6 District to the "IL /SP" Light Industrial District with a Special Permit, not resulting in a change in the Future Land Use Map. The property is described as being an 18.25 -acre tract of land out of the G. H. McLeroy 40 -acre tract and being out of Survey 402, Thomas Gallagher Abstract 988 and the James W. Ward Abstract 1031, located on the south side of State Highway 44, approximately 110 feet east of South Clarkwood Road. PURPOSE: The purpose of this item is to rezone the property to allow light industrial uses plus the aboveground wholesale storage of fuels and lubricants. RECOMMENDATION Staff Recommendation: Denial of the change of zoning from the "RS -6" Single - Family 6 District to the "IL /SP" Light Industrial District with a Special Permit, and in lieu thereof, approval of the "IL" Light Industrial District. Plannina Commission Recommendation (March 27. 2013 Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "IL /SP" Light Industrial District with a Special Permit subject to the site plan and conditions. BACKGROUND AND FINDINGS A public hearing for this rezoning request was held before the City Council on April 23, 2013. The first reading of the ordinance was tabled until May 14, 2013, to allow the applicant time to evaluate an alternate request to the "IC" Industrial Compatible District on the west portion of the property and the "IL /SP" Light Industrial District with a Special Permit on the east portion of the property based on issues raised during the initial public hearing. Staff has prepared an ordinance for this alternate request should the applicant desire to change his original request. As of today, the applicant has not indicated whether or not he would like to rezone the property to the "IC" District on the west portion of the property and the "IL /SP" District on the east portion of the property. As detailed in the attached Zoning Report, the applicant is requesting a Special Permit and rezoning to allow light industrial uses and a tank farm for the aboveground wholesale storage and distribution of lubricants and fuel. The wholesale storage of fuel and lubricants is classified as a Heavy Industrial use and is allowed in the "IL" District only through a Special Permit. The proposed development is directly underneath the flight path of a future planned runway at Corpus Christi International Airport (CCIA). Storing large quantities of flammable products in aboveground storage tanks is a hazardous land use for this location where aircraft approach and depart. Being that 55% to 60% of operations at CCIA are military operations, consideration was given to the Navy's land use recommendation. The greatest potential for an aircraft accident is during approach and departure. The Navy would discourage aboveground fuel storage on the subject property. The Port /Airport/Violet Area Development Plan (ADP) states that the subject property should be zoned for "limited industrial" uses where certain uses that are incompatible with the airport are prohibited. The City recently created the "IC" Industrial Compatible District for properties near CCIA or Navy airfields. The "IC" District would be appropriate for the subject property. The "IC" District would not allow the proposed use of the prospective buyer, however, it would allow the current landowner to sell the property to a developer of other limited light industrial uses compatible with airport operations. The ADP states that where it is not feasible for the City to acquire property around the CCIA, the City should use its zoning authority to require development consistent with the ADP. The proposed use is not appropriate for this location because it is not consistent with City goals, it is not compatible with surrounding community facilities (CCIA), and the threat to military operations at CCIA does not benefit the community as a whole. ALTERNATIVES 1. Approve the applicant's original request of "IL /SP" Light Industrial District with a Special Permit; 2. Deny the applicant's original request and, instead, approve the applicant's alternate request and Staff's recommendation of the "IL" Light Industrial District; 3. Modify the proposed Special Permit conditions of the "IL /SP" Light Industrial District with a Special Permit; 4. If desired by the applicant, approve the "IL /SP" on the east 9.74 acres and the "IC" Industrial Compatible District on the west 8.51 acres; or 5. Deny the rezoning request altogether. OTHER CONSIDERATIONS Staff discussed the rezoning with the neighbor in opposition. While the neighbor is not opposed to light industrial uses on the property, she remains opposed to uses such as aboveground fuel storage that could create hazards in the event of an accident. Locating the aboveground fuel tanks on the east side of the subject property does not address her concerns. CONFORMITY TO CITY POLICY The proposed rezoning is within the boundaries of the Port /Airport/Violet Area Development Plan, which slates the property for a light industrial use. The proposed use is inconsistent with the Plan. The Port /Airport/Violet Area Development Plan identifies State Highway 44 as a proposed scenic corridor. A heavy industrial use is not visually appropriate for a scenic corridor. EMERGENCY /NON- EMERGENCY Non - Emergency DEPARTMENTAL CLEARANCES Planning /Environmental Services, Legal, and Planning Commission FINANCIAL IMPACT ❑ Operating ❑ Revenue ❑ Capital o Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Zoning Report with Attachments Ordinance for the "IC" and "IL /SP" Districts Ordinance for the "IL /SP" District Ordinance for the "IL" District ZONING REPORT Case No.: 0313 -01 HTE No. 13- 10000003 Planning Commission Hearing Date: March 27, 2013 Applicant /Owner: Elizabeth Anne Meaney _ .o Legal Description /Location: Being an 18.25 -acre tract of land out of an a the G. H. McLeroy 40 -acre tract and being out of Survey 402, Thomas 'Q _ 0 Gallagher Abstract 988 and the James W. Ward Abstract 1031, located CL otf o on the south side of State Highway 44, approximately 110 feet east of South Clarkwood Road. From: "RS -6" Single - Family 6 y To: "IL /SP" Light Industrial District with a Special Permit for the wholesale storage and distribution of fuels and lubricants c a Area: 18.25 acres N Purpose of Request: To allow construction of an office, warehouse, mechanic shop, and a tank farm housing lubricants and fuel. Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single - Family 6 Vacant Light Industrial y ? North "RS -6" Single - Family 6 State Highway 44 State Highway 44 i o C South "RS -6" Single - Family 6 Vacant Light Industrial y M J East "IL" Light Industrial Drainage Corridor Drainage Corridor X w West "RS -6" Single - Family 6 Vacant &Lo Light Industrial Density Residen tial Area Development Plan: The subject property is located in the Port /Airport/Violet Area Development Plan (ADP) and is planned for light c industrial uses. The proposed change of zoning to the "IL /SP" Light Industrial cL District with a Special Permit would not result in a change to the adopted a c Future Land Use Map, but the proposed heavy industrial use is not consistent a with the plan. Map No.: 058043 & 057043 Zoning Violations: None L Transportation and Circulation: The subject property has approximately °a c 1,000 feet of frontage along State Highway 44, which is an "F1" Freeway /Expressway and designated scenic corridor. The property is located approximately 110 feet east of South Clarkwood Road, which is an "A3" ~ Primary Arterial Divided. Street Urban Transportation Plan Proposed Existing Traffic O Type Section Section Volume "F1„ 400' ROW 326' ROW 15,788 E SH 44 Freeway /Expressway varies 160 paved 12,589 W paved (2007) Zoning Report Case # 0313 -01 Meaney Page 2 Staff Summary Requested Zoning: The applicant is requesting a change of zoning from the "RS -6" Single - Family 6 District to the "IL /SP" Light Industrial District with a Special Permit to allow construction a facility for the aboveground wholesale storage and distribution of fuels and lubricants. The proposed use is classified as "petroleum, gasoline, and lubricating oil refining, and wholesale storage," which is a "heavy industrial" use and is allowed by Special Permit in the "IL" Light Industrial District. Development Plan: The applicant plans to construct a wholesale distribution facility for fuels and lubricants. The proposed development will include a 5,510 square -foot tank farm consisting of approximately 31 storage tanks containing fuel and lubricants with tank capacities ranging from 8,800 to 26,800 gallons. Three tanks would store fuels such as diesel and gasoline (26,800 gallons of unleaded gasoline, 26,800 gallons of off -road diesel, and 16,800 gallons of clear diesel). One tank would store methanol at 14,600 gallons. Twenty tanks would store lubricants or oil between 8,800 to 14,600 gallons, and three tanks would store water. The facility would also include a 1,800- square -foot office, 7,200- square -foot warehouse, 5,600- square -foot mechanic shop, loading and wash bays, and vehicle storage. The property will have driveway access to State Highway 44. The facility would comply with all fire safety regulations and would be located at least 500 feet away from residential uses. Existing Land Uses & Zoning: North of the subject property is State Highway 44. East of the subject property is a drainage corridor zoned "RS -6" Single - Family 6 District. West of the subject property are single - family houses zoned "RS -6" Single - Family 6 District. South of the subject property is vacant land zoned "RS -6" Single - Family 6 District. Properties on the west side South Clarkwood Road have been developed with a convenience store /truck stop, U.S. Border Patrol facility, and Baker Hughes, which is an oilfield service company. Navy Land Use Compatibility in Accident Potential Zones (APZs): Navy Air Installation Compatibility Use Zones (AICUZ) do not officially exist around the runways of Corpus Christi International Airport (CCIA). However, as part of the Naval Air Station Corpus Christi (NAS) Joint Land Use Study (JLUS), AICUZs have been proposed for CCIA runways, and the subject property is located in both the APZ -I and APZ -II. Due to the explosive characteristics of the proposed use, the Navy would discourage the proposed use at this location within an APZ. The Navy's Land Use Compatibility Recommendations Table (table), which is included in the City's UDC, identifies broad categories of land uses that are acceptable in the Clear Zones and APZs. The proposed use is specifically classified as "petroleum bulk stations and terminals — wholesale." This category falls into the broader category identified in the table of "wholesale trade," which is a compatible land use in the APZ -I and APZ -II subject to limitations on floor area ratios (FAR). The proposed use meets the FAR requirements. However, the third footnote on this table states that explosive characteristics should be considered when determining if a proposed use is appropriate within an APZ. Although this footnote was not indicated on the "wholesale trade" Zoning Report Case # 0313 -01 Meaney Page 3 category, it is reasonable to apply the same recommendation to all uses within the table. After consulting with the Navy, this footnote should apply to the "wholesale trade" use category and they will recommend that the next version of the table include the footnote that consideration is given to a land use's explosive characteristics. The Navy also commented on the fact that the table does not allow "manufacturing or petroleum refining and related industries" in a Clear Zone or APZ. As part of the NAS JLUS, the City created two new zoning districts to increase land use compatibility around the runways. Those districts are the "IC" Industrial Compatible District and the "CC" Commercial Compatible District, and both districts specifically prohibit aboveground fuel storage of any capacity. These new districts were intended for properties within an AICUZ. Corpus Christi International Airport (CCIA) Comments: The CCIA Master Plan calls for a new, parallel runway south of the existing runway. The location of the future runway has already been determined and will not change. CCIA's current operations are at approximately 100,000 flights per year. The necessary threshold for construction of the second runway is 150,000 flights per year. Today, U.S. military flights account for 55 to 60% of CCIA's operations. The Navy is currently transitioning from T -34 to larger T -6 airplanes. Currently, the Waldron landing field does not have the necessary runway length for T -6 airplanes. CCIA is the closest airport with a runway that can accommodate the T -6 aircraft. The future runway's approach path will be directly over the subject property, making the aboveground bulk storage of fuels of particular concern. Federal Aviation Administration (FAA) - Determinations of Hazards The applicant is required to request a determination of hazards from the FAA for each structure constructed on the subject property. The applicant received a "Determination of No Hazard to Air Navigation" from the FAA with regards to the height of the tallest proposed structure of 32 feet above ground level. The applicant will also have to submit a "Notice of Actual Construction" to the FAA for each structure. Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed rezoning is within the boundaries of the Port /AirportNiolet ADP, which slates the property for a light industrial use. Because a Special Permit could expire, the Future Land Use Map will not be modified by this rezoning. The proposed heavy industrial use is not consistent with the Future Land Use Map. This ADP identifies State Highway 44 as a scenic corridor. Heavy industrial uses, such as a tank farm, and billboards should be prohibited along scenic corridors. Department Comments • As a heavy industrial use, the proposed use is not a visually appropriate use for a scenic corridor (State Highway 44). • The proposed heavy industrial use is not consistent with the Future Land Use Map. The City planned for light industrial uses to be located around Corpus Christi International Airport (CCIA), and the proposed use, especially with the potential hazards aboveground fuel storage presents, in not appropriate under the flight path of the future runway. Zoning Report Case # 0313 -01 Meaney Page 4 • The proposed development is directly underneath the centerline of a proposed runway at CCIA. Storing flammable products aboveground could create explosions and thick smoke in the event of an accident, which cause hazards for pilots. The greatest potential for an aircraft accident is during approach and departure from the airfield. Therefore, the Navy would discourage aboveground petroleum storage on the subject property. • Considering the amount of military operations at CCIA, the City is especially trying to protect CCIA from the encroachment of incompatible uses. • The City recently created the "IC" Industrial Compatible zoning district for properties near CCIA or Navy airfields that are identified as being light industrial in the Future Land Use Map. Above ground fuel storage is not an allowed use in the "IC" District and should not be allowed on the subject property. • Staff would prefer to see this property rezoned to the "IC" Industrial Compatible District, but the applicant is not agreeable to the "IC" District. The applicant is, however, agreeable to the "IL" Light Industrial District if the Council decides against approving the "IL/SP" Light Industrial District with a Special Permit. • While "heavy industrial" uses could be allowed in the "IL" Light Industrial District by Special Permit, the proposed use is not appropriate for this location because it is not consistent with City goals, it is not compatible with surrounding community facilities (CCIA), and the threat to military operations at CCIA does not benefit the community as a whole. Staff Recommendation Denial of the change of zoning from the "RS -6" Single - Family 6 District to the "IL /SP" Light Industrial District with a Special Permit, and in lieu thereof, approval of the "IL" Light Industrial District. Denial of the applicant's request for the "IL /SP" Light Industrial District with a Special Permit would leave the property zoned as the "RS -6" Single - Family 6 District, which allows single - family dwellings to be constructed on the property. Single- family dwellings are also an incompatible land use near the airport. Staff would have recommended the "IC" Industrial Compatible District for this property, but the applicant was not agreeable to the "IC" Industrial Compatible District and could withdraw their application, which would leave the property zoned "RS -6" Single - Family 6 District. The "RS -6" District is less desirable. Therefore, Staff recommends that Council approve the "IL" Light Industrial District should Council decided against approving the "IL /SP" Light Industrial District with a Special Permit. The applicant is agreeable to the "IL" Light Industrial District should Council decide to deny the "IL /SP" Light Industrial District with a Special Perm it. Planning Commission Recommendation (March 27, 2013): Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "IL /SP" Light Industrial District with a Special Permit subject to the site plan and the following 11 conditions: 1. Allowed Uses: The only use allowed on the Property other than a use allowed by right in the "IL" Light Industrial District is the aboveground wholesale storage of fuel and lubricants within a total of 31 storage tanks. Zoning Report Case # 0313 -01 Meaney Page 5 2. Aboveground Storage Tanks: The Property cannot contain more than 31 aboveground storage tanks within the tank farm area indicated on the site plan. The Property cannot contain more than seven aboveground storage tanks for the storage of fuel, and the capacity of each fuel storage tank cannot exceed 26,800 gallons. Aboveground storage tanks for the storage of lubricants cannot exceed a capacity of 14,600 gallons. 3. Fire Department Approval: The aboveground storage of fuels and lubricants must meet all Fire Department requirements. 4. Storm Water Detention: The Owner shall construct and maintain all necessary aboveground detention facilities in a manner that prevents water from standing for longer than 48 hours after the design storm, and the drainage facilities shall remain completely dry between storms. 5. Federal Aviation Administration (FAA): The Owner shall submit notice to the FAA prior to the permitting of each structure or tank on the Property. 6. Height: Structures and improvements on the Property cannot exceed 32 feet in height above ground level. 7. Landscaping: The Owner must comply with the landscape requirements in the UDC. Additionally, no plant listed in Exhibit D may be used in meeting the landscape requirements. 8. Screening: The Owner shall plant canopy trees to effectively screen the Property and industrial facilities from view of east and westbound traffic on State Highway 44. 9. Land Use Compatibility in Accident Potential Zones: The Owner shall not exceed a maximum Floor Area Ratio of 0.28 on portions of the Property in Accident Potential Zone -1 and 0.56 on portions of the Property in Accident Potential Zone -2. The Floor Area Ratio shall include the square footage of the aboveground storage tank farm. 10. Billboards: The Owner shall not construct nor allow a billboard or off - premise sign on the Property. Number of Notices Mailed — 14 within 200' notification area; 1 outside P M m . notification area .o As of March 28, 2013 0 In Favor — 1 (inside notification area); 1 (outside notification area) . Q In Opposition — 0 (inside notification area); 0 (outside notification area) For 0.00% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Site Plan 3. Tank Farm Layout 4. Future Runway Location 5. Future AICUZ Map 6. Plants Attractive to Wildlife List 1 K 4 1h 0 f 400 CASE: 0313 -01 2. SITE - EXISTING ZONING, RM -1 Multifamily 1 IL Light Industrial RM-2 Multifamily 2 IH Heavy Industrial RM-3 Multifamily 3 PUP Planned Unit aev. Overlay ON Professional Office R:S -10 Single - Family 10 RM- ATMuitffamityAT RS-6 Single- Famlly6 CN -1 Neighborhood Commercial RS-4,3 Single•Famliy 4.5 CN -2 Neighborhood Commercial RS-TF Two- Family CR -1 Resort Commercial RS-15 Single- Family 15 CR: -2 Resort Commercial RE Residential Estate CG -1 General Commercial R:S-TH Townhouse CG -2 General Commercial SP Special Permit Cl intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial R.MIi Manufactured Home CR -3 Resort Commercial FR Farm Rural R Hiatotic Overlay SP Business Park $wdjectproparry Owners Witt 200' buffer 0 in fa VDr Owners within 200' fisted ors Owners attached r✓ mership Cable In opposition ASSESS BASSES FAU IL s ► , Vist Feet Pre# r EiytJeremym DeoarTmenr of Devela enr Services STATE HIGHWAY 44 N88'55'14 "E 588.54' 471.50' LANDSCAPE AREA MIN. 5' WIDE Ng4 "E i0 SCREEN PARKING AREA LANDSCAPING IN THIS AREA- CANOPY TREES TO BE UTILIZED i0 SCREEN FACILITY FROM TRAFFIC ON SH 44 LL o EY E. 2 17 i 2 C7 1` N GRAPHIC SCALE I_ -I__ -I -I_I_ G n m w o z �mm�o� - _�I__I- C,T, __ _____ 10 1 J, a Via 2033 �oR J b� �e ` d OFFICE 1853 SOFT G u� �� WAREHOUSE 7215 S Q.FT O.Fi. +/- �( _ J U1, 4 -03 W 4 11 18.25 Acres. IA R , 1039194 794773.17 Sq.ft. g 12 —;A a _� ;°��,� ZA V. 0 4 j5 -9 f SHOP 5638 SOFT. + /- a- C, T, " a z 0 3 1 2 NO S. t x d 602582 `' « ' Lu to = C -- 6 TALL SCREENING FENCE l• N oc F AREA LIGHTING TO BE SHIELDED F SO THERE WILL BE NO LIGHT 3 SPILLAGE ONTO ADJOING 0 W E RESIDENTIAL PROPERTY = F 'UJi -42 C.T. 14 R IN EST SITE DRAINAGE: DRAINAGE WILL BE ADDRESSED DURING THE 455 -1 PLATTING AND BUILDING PERMITTING PROCCESSES. C. T. 13 -4, _ � OU h 6' TALL SCREENING & SECURITY FENCE 94 � -1 TALL FENCE r aNOOONg� T / 6' SCREENING ° 1060.03' SHEET NO. 588'55'09 "W 1 DRAIN AGE DITCH (100' WIDE) CITY GE CORPUS CHRISTI OF 1 SHEETS -------- ------- -------- ----------------- -- 5 4 UELO 5050 ELC JEFFCOOL E105 THOMAS HYU 32 THOMAS HYU 46 THOMAS HYU 68 USED OIL o- - -------- -- - - -------------------------------------- - - - - -- - ---------- ---------- 11 lo � 7 al ASHLESS HDa�l�— A 5101 METHANOL -- - — ------ ------------ D c B 13 12 ri EL CLEAR DIESEL 4 Sy xav 4 USED TANK FARM OIL VAT LOADING BAY - CHAIN OIL VAT 18 (DEI� URSA 15W -40 ( 14 6 LEAROIL (El� 2j�. TEG CHAIN OIL Tr M2 / ��r I — LEAP IL 1. —R L ------------------ E NEW EW - ----------- -- ------------ L ------------------------------------------------ --- - - - - - - --------- - : �:: — =4 -- 4 --------- --- 5 2 2 ///-� /// /// 2 �� & DGA DEA W1. � WASH WATER JEFFrREAT (IEF -------------- ----------------------------------------------------------- ------------ ------------------------------------------------ 27 26 USED DRUM WATER DI WATER 0.0 :1 " V - 1— ' rTAT STORAGE 0 ows DI 0 : (D Tn� FARM PLAN C. In] CD Lu -j 0 0 F- U 0 C/) 0 F- 7ANK FARM PLAN FP1 CCIAAICUZ Zones N 0 3,000 6,000 12,000 18,000 24,000 A W E Feet to �A S ' CORPUS CHRISTI INTERNATIONAL AIRPORT APPENDI 12: PLANTS ATTRACTIVE TO WILDLIFE Listings within groups; are in order of extent of use, which in some cases may be affected by availability •�. • Alder Alnus *P. Maple Acer spp. Aspen PopAus spp. Mesquite Prosopis sPP. Beech Fagusgrandifok- Mulberry lAlorus spp. Birch Betual spp. Oak Querms spp. Blackberry Rubus App. Persimmon Dio, gyros spp. Blackgum Nyssa sylvatica Pine Pinus sPP. Blueberry Vareineum spp. Poison Ivy To.xicodendron radicans Cedar Juniperus spp. Pricklypear Opuntia spp. Dogwood Corpus spp. Sagebrush Artemisia spp. Douglas fir Pseudotsuga taxifolia Saltbush Atnplex spp. Elderberry Sambums spp. Serviceberry zlmelavchier spp. Fir Abies spp. Snowberry Symphoricarpos Gooseberry Grossulana Spruce Picea spp. Grape Vitis spP. Sumac Rhus spp. Greenbrier Smilax spp. Virginia creeper Partbenodssus spp. Hackberry Cellis spp. Wild cherry Prunus spp. Holly Ilex spp. Willow Salix spp. Manzanita Aretost h los Bluegrass Poa spp. Grama,grass Bouteloua spp. Bristlegrass Setetia spp. Knotweed Polygonum spp, Brome grass Bromus spp. Oats Avena spp. Chickweed Stellaria media Panic Grass Panicum spp. Clover Trifolium spp. Pigweed Amaranthus spp. Crabgrass Digilaria spp. Ragweed Ambrosia spp. Deervetch Lotus spp. Russian thistle .Salsola kak Doveweed Croton spp. Sedge Carex spp. Dropseed grass Spombolus spp. Sunflower HeNanthus spp. Fescue Festuca spp. Tarwced Madia spp. and Hemi .Zonia spp. Filaree Eradium pp. Turkey Mullein F.remocarpus setigerus Goosefoot Cheno odium Algae Chlorophyta Pondweed Potamogeton spp. Arrowhead Sagittwia spp. Saltgrass Disticbks spp. Bulrush Scirpus spp. Smartweed Polygonum spp. Burreed Spargamum spp. Spikerush Eleocbaris spp. Cordgrass Spartina spp. Water lily Nymphaea spp. Duckweed Lemna spp. Weidgeongrass Ruppia maritime Horned- pondweed Zannichelliapalustris Wildcelery Valksneria spirabs Muskgrass Chara spp. Wildmillet Echinochloa spp. Naiad Naas Wildrice : K ania uatica Alfalfa Medicago sativa Grape Vith Apple Maluspumila Oats Avenasativa Barley Hordeum vulgar, rice Oryza sativa 16 Sources: Martin, A.C., H.S., Zim, and A.L. Nelson. 1961. American wildlife and plants. Dover Publications, N.Y. 500 pp. Lefebvre, p.W., and D.F. Mott. 1987. Reducing bird /aircraft hazards through control of bird nesting, roosting, perching, and feeding Section of Bird Control, Denver Wildl. Res. Ctr. , ADC /APHIS /USDA, Denver, CO., Bird Damage Res. Rept. 390. 91 pp. State of Minnesota Airport ` Compatibility Manual Department of Transportation /Office of Aeronautics Appendix Page 1 APPENDIX 12: Plants Attractive to Wildlife Cherry Prunes ipp. Sorghum Sorgbum,vulgare Corn Zea mays j Wheat Triticum spp. — Serviccberry 4melanrbier canadensis Russian olive Eleagnus angustifoka Alleghanyserviceberry A.lanis American beech Fagusgrandifolia' Yellowbirch Betula lutea Purple beech F. sylvatica Gray birch B. populrfoka Weeping birch F. sylvatica River birch B. nigra Betchel! crabapple Malus ioensis Paper birch B. papynfera Pissard plum Prunes cerasifers Western white birch B. commutate Amur choke cherry P. maackh Flowering dogwood Corpus florida May Day tree P. padus commutate Japanese dogwood C. kousa Autumn Flowering Higan P. subhirtella cherry Comelian cherry C. mas Shubert choke cherry P. 'virg mana Pacific dogwood C. nuttak White cedar Tliuja occidentaks Cockspur thorn Crataegus crusgalli Hedge cotoneaster C. lucida Toba hawthorn "C x mordensis `Tuba" Witchhazel Hamamelis virginiana English hawthorn C. oaryacantba Oregon grape 1 11ahoma aguifolium Paul's scarlet hawthorn C'sp. Virginia creeper Partenodisusguinguenfolia Cutleafpeashrub " Cara gan arborescens Western sand cherry P.'tomentosa Weeping caragana " C. arborescens Flowering almond P. tiiloba Tidy c,aragana C. microphylla Alpine currant Ribes alfiinum Silverleaf dogwood Cornus alba Austrian brier rose Rosa feetida Siberian dogwood C alba Shining rose K l nitida Yellowdoc dogwood C. Alba Redleaf rose R. rubrfoka Red osier dogwood C. stolonifera Burnett rose R. rpinosirsima Yellow twig dogwood C. stolonifera Korean spice viburnum Viburnum carksii` Peking cotoneaster Cotoneaster amft foha Wayfaring tree - V.`lantana Early cotoneaster '' pressapraecox C. ad European highbush cranberry " V.'opulus Rocks pray cotoneaster C. "hon ontaks _. 17 r:.Sources: Thomas, W.A, (Coordinator).; 1977. Airport grounds development and maintenance manual. Airports and Construction Services Directorate (Canada). Lefebvre, p.W., and D.F. Mott. 1987. Reducing bird /aircraft hazards through control of bird nesting, roosting, perching, and feeding. Section of Bird Control, Denver Wildl. Res. Ctr. , ADC /APHIS /USDA, Denver, CO., Bird Damage Res. Rept. 390. 91 PP Airport Compatibility Manual State of Minnesota Appendix! — Page 2 Department of Transportation/Office of Aeronautics Ordinance amending the Unified Development Code ( "UDC ") upon application by Elizabeth Anne Meaney ( "Owner "), by changing the UDC Zoning Map in reference to an 18.25 -acre tract of land out of the G. H. McLeroy 40 -acre tract in the Thomas Gallagher Survey 402, Abstract 988, and the James Ward Survey, Abstract 1031, from the "RS -6" Single - Family 6 District to the "IL /SP" Light Industrial District with a Special Permit on Tract 1 and to the "IC" Industrial Compatible District on Tract 2; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Elizabeth Anne Meaney ( "Owner ") for an amendment to the City of Corpus Christi's Unified Development Code ( "UDC ") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 27, 2013, during a meeting of the Planning Commission, and on Tuesday, April 23, 2013, 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 Elizabeth Anne Meaney ( "Owner "), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on an 18.25 -acre tract of land out of the G. H. McLeroy 40 -acre tract in the Thomas Gallagher Survey 402, Abstract 988, and the James Ward Survey, Abstract 1031 (the "Property "), located on the south side of State Highway 44 approxi- mately 110 feet east of South Clarkwood Road, from the "RS -6" Single - Family 6 District to the "IL /SP" Light Industrial District with a Special Permit on Tract 1 (9.74 acres) and to the "IC" Industrial Compatible District on Tract 2 (8.51 acres) (Zoning Map Nos. 058043 and 057043), as shown in Exhibits "A," "B," "C," "D," and "E." Exhibit A, which is a metes and bounds description of Tract 1, Exhibit B, which is a metes and bounds description of Tract 2, Exhibit C, which is a map to accompany the metes and bounds descriptions, Exhibit D, which is a site plan pertaining to the Property, and Exhibit E, which is a list of plants that can attract wildlife, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted on Tract 1 of the Property in Section 1 of this ordinance is subject to the Owner meeting the requirements of Exhibits D and E and the following 11 conditions: 1. Allowed Uses: The only use allowed on Tract 1 of the Property other than a use allowed by right in the "IL" Light Industrial District is the aboveground wholesale storage of fuel and lubricants within a total of 31 storage tanks. 2. Aboveground Storage Tanks: Tract 1 of the Property cannot contain more than 31 aboveground storage tanks within the tank farm area indicated on Exhibit D. Tract 1 of the Property cannot contain more than seven aboveground storage tanks for the storage of fuel, and the capacity of each fuel storage tank cannot exceed 26,800 gallons. Aboveground storage tanks for the storage of lubricants cannot exceed a capacity of 14,600 gallons. 3. Fire Department Approval: The aboveground storage of fuels and lubricants must meet all Fire Department requirements. 4. Storm Water Detention: The Owner shall construct and maintain all necessary aboveground detention facilities in a manner that prevents water from standing for longer than 48 hours after the design storm, and the drainage facilities shall remain completely dry between storms. 5. Federal Aviation Administration (FAA): The Owner shall submit notice to the FAA prior to the permitting of each structure or tank on the Property. 6. Height: Structures and improvements on the Property cannot exceed 32 feet in height above ground level. 7. Landscaping: The Owner must comply with the landscape requirements in the UDC. Additionally, no plant listed in Exhibit E may be used in meeting the landscape requirements. 8. Screening: The Owner shall plant canopy trees to effectively screen the Property and industrial facilities from view of east and westbound traffic on State Highway 44. 9. Land Use Compatibility in Accident Potential Zones: The Owner shall not exceed a maximum Floor Area Ratio of 0.28 on portions of the Property in Accident Potential Zone -1 and 0.56 on portions of the Property in Accident Potential Zone -2. The Floor Area Ratio shall include the square footage of the aboveground storage tank farm. 10. Billboards: The Owner shall not construct nor allow a billboard or off - premise sign on the Property. 11. Time Limit: This Special Permit shall be deemed to have expired within 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. Page 2 of 3 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 (18.25 -acre tract of land out of the G. H. McLeroy 40 -acre tract in the Thomas Gallagher Survey 402, Abstract 988, and the James Ward Survey, Abstract 1031) and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 20 ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor Page 3 of 3 MURRAY BASS, JR., P.E.,R.P.L.S. NIxoN M. WELSH, P.E.,R.P.L.S. www.bass- welsh.com e -mail: nixmw@aol.com BASS & WELSH ENGINEERING TX Registration No. F -52 Survey Registration No. 100027 -00 P.O. Box 6397 Corpus Christi, TX 78466 -6397 May 2, 2013 Field Note Description Tract 1 IL (SP) Zoning 3054 S. ALAMEDA, zIP 78404 361 882 - 5521- FAx 361 882 -1265 e -mail: murrayjr( aol.com Being a tract situated in Corpus Christi, Nueces County, Texas, a 9.74 acre tract on the east side of an 18.25 acre tract out of the G.H. McLeroy 40.0 acre tract in Thomas Gallagher Survey 402, Abstract 988 and the James Ward Survey, Abstract 1031, and being more particularly described by metes and bounds as follows: BEGINNING at the northeast corner of the heretofore referenced 18.25 acre tract for the northeast corner of this tract, said point lying in the south right -of -way line of State Highway 44; THENCE S 1 °07'13" E along the east boundary of the 18.25 acre tract a distance of 757.57 feet to the southeast corner of the 18.25 acre tract for the southeast corner of this tract; THENCE along the south line of the 18.25 acre tract S 88 °55'09" W a distance of 560.03 feet to a point forthe southwest corner of this tract; THENCE N 1 °04'51 " W across the 18.25 acre tract a distance of 757.58 feet to a point in the north line of the 18.25 acre tract for the northwest corner of this tract, said point lying in the south right -of -way line of State Highway 44; THENCE N 88 °55'14" E along the north line of the 18.25 acre tract and the south right -of -way line of State Highway 44 a distance of 559.51 feet to the POINT OF BEGINNING, forming a tract embracing 9.74 acres. Murray Bass, Jr., R.P.L.S. Note: Description based on survey Texas GeoTech dated December 13, 2012. MBJ:sab 12090 -Field Note Desc.doc Page 1 of 1 EXHIBIT A MURRAY BASS, JR., P.E.,R.P.L.S. NIxoN M. WELSH, P.E.,R.P.L.S. www.bass- welsh.com e -mail: nixmw@aol.com BASS & WELSH ENGINEERING TX Registration No. F -52 Survey Registration No. 100027 -00 P.O. Box 6397 Corpus Christi, TX 78466 -6397 May 2, 2013 Field Note Description Tract 2 IC Zoning 3054 S. ALAMEDA, zIP 78404 361 882 - 5521- FAx 361 882 -1265 e -mail: murrayjr( aol.com Being a tract situated in Corpus Christi, Nueces County, Texas, an 8.51 acre tract on the west side of an 18.25 acre tract out of the G.H. McLeroy 40.0 acre tract in Thomas Gallagher Survey 402, Abstract 988 and the James Ward Survey, Abstract 1031, and being more particularly described by metes and bounds as follows: BEGINNING at the northwest corner of the 18.25 acre tract, the northeast corner of Lot 9, Block 1, Clarkwood Annex as shown on the map thereof recorded in Volume 33 at Page 23 of the Map Records of Nueces County, Texas for the northwest corner of this tract, said point lying in the south right -of -way line of State Highway 44; THENCE N 84 °52'13" E along the north line of the 18.25 acre tract and the south line of State Highway 44, a distance of 471.50 feet to a point for an intermediate corner of this tract; THENCE continuing along the north line of the 18.25 acre tract, and the south right -of -way line of State Highway 44, N 88 °55'14" E a distance of 29.03 feet to a point for the northeast corner of this tract; THENCE S 1 °04'51" E across the 18.25 acre tract a distance of 757.58 feet to a point in the south boundary of the 18.25 acre tract for the southeast corner of this tract; THENCE S 88 °55'09" W a distance of 500.00 feet to the southwest corner of the 18.25 acre tract for the southwest corner of this tract, said point line being the southeast corner of Lot 15 -A of the Clarkwood Annex; THENCE N 1'01'46" W along the west boundary of the 18.25 acre tract and the east boundary of the Clarkwood Annex Subdivision a distance of 724.29 feet to the POINT OF BEGINNING, forming a tract embracing 8.51 acres. Murray Bass, Jr., R.P.L.S. Note: Description based on survey Texas GeoTech dated December 13, 2012. MBJ:sab 12090 -Field Note Desc2.doc Page 1 of 1 EXHIBIT B C) X W STATE HIGHWAY 44 GRAPHIC SCALE I I :% 47 1 . 50' N88'55'1 4"E 588 N34'52'1 YE 559.5;' MDAR E. QC, 2 012 67 .T� Ut CERVANTES J. op DOC, 5-2933 0 '6 N r- LOT 11-A EC *1 N 1 D T LOT I L&F SUBDIVISION NMI, ED MgKIS LLC > LOT 12-A ESPINOZA M, TRACT 2 CALLED 1 41 AC, 0 R,NX,M IC ZONE 0 0 CA LOT 12 DO0.g M Area = 8.51 Acres 0 > _4 0 ' T .A : 3 E, 3: N"'T 42 TRACT 1 LOT 14 IL/SP ZONE S NO ERNEST N! 455-1 C.T. z Area = 9.74 Acres 0 . L IS--A T I j sms A D.. 500-00' 560.03' 588'55'09"W 1060.03' DRAINAGE DITCH aTy OF CORPUS CHRISTI F STER fQIA CALLED 30.?7 nHNE I ACRE ................ j . MURRAY BASS, j PROPOSED REZONING ............. .... f" 212 va B IOU ELIZABETH ANNE MEANEY-APPLICANT Prepared by Bass & Welsh Engineering Job NO.' 12090 Scale. 1 • =200 Alameda 3054 So. Alameda St. Date: 5-2-13 Corpus Christi, Tx. 78404 361) 882-5521 (phone) Drawing No. REZONE SKTCH (361) 882-1265 (fox) Plotscale. 1=1 Sheet 1 of 1 Engineering Fr- Regi No. F-52 Firm 'UrVein, Fir 'eistr.tI'.n No .100027-00 STATE HIGHWAY 44 N88'55'14 "E 588.54' 411.50' LANDSCAPE AREA MIN. 5' WIDE ,84'52' ° E TO SCREEN PARKING AREA �c LANDSCAPING IN THIS AREA CANOPY TREES TO BE UTILIZED TO SCREEN FACILITT Y FROM TRAFFIC ON SH 44 4 X NJ1 ' 01m"- .S YE 200 26 7 N GRAPHIC S tl AL I_ I_ I_ I�LI_ I_ I_ I _I_LI— I�I_I_I_LI_I_I_I_I�LI_I_I 0 o � °" � _ _ -. m i 1 . C. T. rI— I— I--- rI— I— I-- IEI-- I— I— I--— I —I —I —I gBp ES 1. g 12 - 2933 °R W OFFICE 1853 SOFT. + /- C� WAREHOUSE 7215 SQ.FT. +/- @( a -03 W 4 ! — A 18.25 Acres. IA R. 1� 794773.17 Sq.ft. , y al=x-m 2 —A �- lb ZA M. , ,� W 043 5 -9 7 SHOP 5638 SQ.FT. +/— 2 7 1.C. T. � _ < Lu - v NC S. �« x d d a 602582 ~ W � T � 6' TALL SCREENING FENCE AREA LIGHTING TO BE SHIELDED W W SO THERE WILL BE NO LIGHT SPILLAGE ONTO ADJOING F .2 N E RESIDENTIAL PROPERTY F 1 0 11 5 - 42 C.I. 14 RNEST SITE DRAINAGE: DRAINAGE WILL BE ADDRESSED DURING THE 94 5 5-1 PLATTING AND BUILDING PERMITTING PROCCESSES. .C.T. 15 -A Q UIDA 9 4551-1 5' TALL SCREENING & SECURITY FENCE ^ y - o m 9Q 1,{ C T / 6 TALL SCREENING FENCE 1060.05' ° W a N SHEET NO. SB8'55'09 1 DRAINAGE DITCH (1W WIDE) CITY GE CORPUS CHRISTI OF 1 SHEET 0 m 2 W APPENDI 12: PLANTS ATTRACTIVE TO WILDLIFE Listings within groups; are in order of extent of use, which in some cases may be affected by availability •�. • Alder Alnus *P. Maple Acer spp. Aspen PopAus spp. Mesquite Prosopis sPP. Beech Fagusgrandifok- Mulberry lAlorus spp. Birch Betual spp. Oak Querms spp. Blackberry Rubus App. Persimmon Dio, gyros spp. Blackgum Nyssa sylvatica Pine Pinus sPP. Blueberry Vareineum spp. Poison Ivy To.xicodendron radicans Cedar Juniperus spp. Pricklypear Opuntia spp. Dogwood Corpus spp. Sagebrush Artemisia spp. Douglas fir Pseudotsuga taxifolia Saltbush Atnplex spp. Elderberry Sambums spp. Serviceberry zlmelavchier spp. Fir Abies spp. Snowberry Symphoricarpos Gooseberry Grossulana Spruce Picea spp. Grape Vitis spP. Sumac Rhus spp. Greenbrier Smilax spp. Virginia creeper Partbenodssus spp. Hackberry Cellis spp. Wild cherry Prunus spp. Holly Ilex spp. Willow Salix spp. Manzanita Aretost h los Bluegrass Poa spp. Grama,grass Bouteloua spp. Bristlegrass Setetia spp. Knotweed Polygonum spp, Brome grass Bromus spp. Oats Avena spp. Chickweed Stellaria media Panic Grass Panicum spp. Clover Trifolium spp. Pigweed Amaranthus spp. Crabgrass Digilaria spp. Ragweed Ambrosia spp. Deervetch Lotus spp. Russian thistle .Salsola kak Doveweed Croton spp. Sedge Carex spp. Dropseed grass Spombolus spp. Sunflower HeNanthus spp. Fescue Festuca spp. Tarwced Madia spp. and Hemi .Zonia spp. Filaree Eradium pp. Turkey Mullein F.remocarpus setigerus Goosefoot Cheno odium Algae Chlorophyta Pondweed Potamogeton spp. Arrowhead Sagittwia spp. Saltgrass Disticbks spp. Bulrush Scirpus spp. Smartweed Polygonum spp. Burreed Spargamum spp. Spikerush Eleocbaris spp. Cordgrass Spartina spp. Water lily Nymphaea spp. Duckweed Lemna spp. Weidgeongrass Ruppia maritime Horned- pondweed Zannichelliapalustris Wildcelery Valksneria spirabs Muskgrass Chara spp. Wildmillet Echinochloa spp. Naiad Naas Wildrice : K ania uatica Alfalfa Medicago sativa Grape Vith Apple Maluspumila Oats Avenasativa Barley Hordeum vulgar, rice Oryza sativa 16 Sources: Martin, A.C., H.S., Zim, and A.L. Nelson. 1961. American wildlife and plants. Dover Publications, N.Y. 500 pp. Lefebvre, p.W., and D.F. Mott. 1987. Reducing bird /aircraft hazards through control of bird nesting, roosting, perching, and feeding Section of Bird Control, Denver Wildl. Res. Ctr. , ADC /APHIS /USDA, Denver, CO., Bird Damage Res. Rept. 390. 91 pp. State of Minnesota Airport ` Compatibility Manual Department of Transportation /Office of Aeronautics Appendix Page 1 EXHIBIT E M a homas, W.A, (Coordinator). 1977. Airport grounds development and maintenance manual. Airports and Construction ctorate (Canada). V., and D.F. Mott. 1987. Reducing bird /aircraft hazards through control of bird nesting, roosting, perching, and feeding. rd Control, Denver Wildl. Res. Ctr. , ADC /APHIS /USDA, Denver, CO., Bird Damage Res. Rept. 390. 91 Pp ipatibility Manual State of Minnesota Page 2 Department of Transportation/Office of Aeronautics EXHIBIT E NX 12: %ttractive to Wildlife Cherry Corn rvicebe I c,..., 1— Sorg!?um.vulgare Triticum spp. Gray birch B. populrfoka River birch B. nigra Paper birch B. papynfera Western white birch B. commutate Flowering dogwood Corpus florida Japanese dogwood C. kousa Cornelian cherry C. mas Pacific dogwood C. nuttak Cockspur thorn Crataegus crusgalli Toba hawthorn "C x mordensis `Toba" English hawthorn C. oxyacantha Paul's scarlet hawthorn C'sp. Cutleafpeashrub Cara gan arborescens Weeping caragana " C. arborescens Tidy c,aragana C. microphylla Silverleaf dogwood Cornus alba Siberian dogwood C alba Yellowdoe dogwood C. Alba Red osier dogwood C. stolonifera Yellow twig dogwood C. stolonifera usstan olive = Eleagnus angustifolza merican beech Fagusgrandifolia' xrple beech F. sylvatica 'eeping birch F. sylvatica etchel crabapple Malus ioensis .ssard plum Prunes cerasors mur choke cherry P. maackh .ay Day tree P. padus commutate utumn Flowering Higan P. subhirtella ferry iubert choke cherry P. vfrg mana 'bite cedar Tbuja ocddentaks edge cotoneaster C. luada 'itchhazel Hamamelis virginiana 'regon grape Nlabonia aguifolium irginia creeper Partenocissusguinguenfolia 7 estern sand cherry P.`tomentosa lowering almond P. triloba 1pine currant 'gibes alfiinum ustrian brier rose Rosa foetida lining rose R. l nitida edleaf rose R. rubnfoka nmatt meP R rhi- nnrdrrdzvrn Peking cotoneaster Cotoneasteracufifoha Wayfaring tree' V. lantan, Early cotoneaster C. ad pressapraecox European highbush cranberry " V.'opulus Rocks pray cotoneaster C.'hon ontaks Ordinance amending the Unified Development Code ( "UDC ") upon application by Elizabeth Anne Meaney ( "Owner "), by changing the UDC Zoning Map in reference to an 18.25 -acre tract of land out of the G. H. McLeroy 40 -acre tract and being out of Survey 402, Thomas Gallagher Abstract 988 and the James W. Ward Abstract 1031, from the "RS -6" Single - Family 6 District to the "IL /SP" Light Industrial District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Elizabeth Anne Meaney ( "Owner ") for an amendment to the City of Corpus Christi's Unified Development Code ( "UDC ") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 27, 2013, during a meeting of the Planning Commission, and on Tuesday, April 23, 2013, 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 Elizabeth Anne Meaney ( "Owner "), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on an 18.25 -acre tract of land out of the G. H. McLeroy 40 -acre tract and being out of Survey 402, Thomas Gallagher Abstract 988 and the James W. Ward Abstract 1031 (the "Property "), located on the south side of State Highway 44, approximately 110 feet east of South Clarkwood Road, from the "RS -6" Single - Family 6 District to the "IL /SP" Light Industrial District with a Special Permit (Zoning Map Nos. 058043 and 057043), as shown in Exhibits "A," "B," "C," and "D." Exhibit A, which is a metes and bounds description of the Property, Exhibit B, which is a map to accompany the metes and bounds description, Exhibit C, which is a site plan pertaining to the Property, and Exhibit D, which is a list of plants that can attract wildlife, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner meeting the requirements of Exhibits C and D and the following 11 conditions: 1. Allowed Uses: The only use allowed on the Property other than a use allowed by right in the "IL" Light Industrial District is the aboveground wholesale storage of fuel and lubricants within a total of 31 storage tanks. 2. Aboveground Storage Tanks: The Property cannot contain more than 31 aboveground storage tanks within the tank farm area indicated on Exhibit C. The Property cannot contain more than seven aboveground storage tanks for the storage of fuel, and the capacity of each fuel storage tank cannot exceed 26,800 gallons. Aboveground storage tanks for the storage of lubricants cannot exceed a capacity of 14,600 gallons. 3. Fire Department Approval: The aboveground storage of fuels and lubricants must meet all Fire Department requirements. 4. Storm Water Detention: The Owner shall construct and maintain all necessary aboveground detention facilities in a manner that prevents water from standing for longer than 48 hours after the design storm, and the drainage facilities shall remain completely dry between storms. 5. Federal Aviation Administration (FAA): The Owner shall submit notice to the FAA prior to the permitting of each structure or tank on the Property. 6. Height: Structures and improvements on the Property cannot exceed 32 feet in height above ground level. 7. Landscaping: The Owner must comply with the landscape requirements in the UDC. Additionally, no plant listed in Exhibit D may be used in meeting the landscape requirements. 8. Screening: The Owner shall plant canopy trees to effectively screen the Property and industrial facilities from view of east and westbound traffic on State Highway 44. 9. Land Use Compatibility in Accident Potential Zones: The Owner shall not exceed a maximum Floor Area Ratio of 0.28 on portions of the Property in Accident Potential Zone -1 and 0.56 on portions of the Property in Accident Potential Zone -2. The Floor Area Ratio shall include the square footage of the aboveground storage tank farm. 10. Billboards: The Owner shall not construct nor allow a billboard or off - premise sign on the Property. 11. Time Limit: This Special Permit shall be deemed to have expired within 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. Page 2 of 3 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 (18.25 -acre tract of land out of the G. H. McLeroy 40 -acre tract and being out of Survey 402, Thomas Gallagher Abstract 988 and the James W. Ward Abstract 1031) and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 20 ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor Page 3 of 3 STATE OF TEXAS COUNTY OF NUECES EXHIBIT "A" BEING An 18.25 ACRE TRACT OF LAND OUT OF THE G.H. McLEROY 40 ACRE TRACT AND BEING OUT OF SURVEY 402, THOMAS GALLAGHER ABSTRACT 988 AND THE JAMES W. WARD ABSTRACT 1031. NUECES COUNTY, TEXAS AND IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A FOUND 5/8 -INCH IRON ROD, BEING THE SOUTHEAST CORNER OF LOT 15 -A, BLOCK 1 OF THE CLARKWOOD ANNEX SUBDIVISION DEED TO SIMS OUIDA IN DOC. 39455 -1 OF THE DEED RECORDS OF NUECES COUNTY, TEXAS; SAID 5/8 -INCH IRON ROD BEING THE SOUTHWEST CORNER OF THIS TRACT; THENCE NORTH 01 DEGREES 01 MINUTES 46 SECONDS WEST, WITH THE EAST LINE OF SAID CLARKWOOD ANNEX SUBDIVISION, A DISTANCE OF 724.29 FEET TO A SET 5/8 -INCH IRON ROD ON THE SOUTH RIGHT -OF -WAY LINE OF STATE HIGHWAY 44 AND BEING THE NORTHWEST CORNER OF THIS TRACT; THENCE NORTH 84 DEGREES 52 MINUTES 13 SECONDS EAST, WITH THE SOUTH RIGHT -OF -WAY LINE OF SAID STATE HIGHWAY 44, A DISTANCE OF 471.50 FEET TO A FOUND TEXAS DEPARTMENT OF TRANSPORTATION MONUMENT AND BEING A CORNER OF THIS TRACT; THENCE NORTH 88 DEGREES 55 MINUTES 14 SECONDS EAST, CONTINUING ALONG SAID SOUTH RIGHT -OF -WAY LINE OF STATE HIGHWAY 44, A DISTANCE OF 588.54 FEET TO A SET 5/8 -INCH IRON ROD FOR THE NORTHEAST CORNER OF THIS TRACT; THENCE SOUTH 01 DEGREES 07 MINUTES 13 SECONDS EAST, A DISTANCE OF 757.57 FEET TO A FOUND 5/8 -INCH IRON ROD FOR THE SOUTHEAST CORNER OF THIS TRACT; THENCE SOUTH 88 DEGREES 55 MINUTES 09 SECONDS WEST, A DISTANCE OF 1060.03 FEET TO THE PLACE OF BEGINNING AND CONTAINING 18.25 ACRES OF LAND, MORE OR LESS; off' '►7 .. S. MEDONA 34 0k�881�N� Q' suaV 4/5//,.7 EXHIBIT A m X r STATE HIGHWAY 44 N88* 55'14"E 588,54' rouNa wo r MON. 471-5 a N84'52:13"E --- SET 5A I.R. 5/6 I.R. FOUND mao r MON. M EA 'WE Y E. \ —SET 618 I.R. DOCIf 9 I200267 N.0 T 'q STATE HIGHWAY DEPARTMENT OF TEXAS DC§t --RVANTES J DRAINAGE DITCH RIGHT-OF-WAY EASEMENT R S VOL. 21Z Pa 346 -293 \�- FOUND 5/27 LR. D.R.ACT DM a, 0 < D.4 OC o 4194 't - !MSON 18.25 Acres. OS A& rAIA 41 , J� 0 ARUN A M. 794773.17 Sq.ft. 3 DOC R.N.0 43 .T. I 5-97 NOTE: 0 2a 3: J 00 AFTER REVIEWING THE TITLE 0 - 11 0 INSURANCE ISSUED BY SECURITY vi GVTZA"L COMPANY HAVING A GF# TITLE DR0,040095-42 'R N.0 T. 124890430, AND AN EFFECTIVE DATE R.N.C.T. I C) OF DECEMBER 02, 2012. THERE LOT 14 S ARE NO EASEMENTS OR SETBACKS DOC. D, 455-1 z ON THE FOREGOING PROPERTY. ya - .. I :FOUND 518 J.R. 0 40; 15-A gj� "IS • SURVEY 01 D C� I P.O.S. - 1A SA T t FOUND 61'8 D � 4 BEING A 18.25 ACRE TRACT OF LAND OUT 60.0 OF THE G.H. McUEROY 4-0 ACRE TRACT AND S8� 10 OPIN BEING OUT OF SURVEY 402, CITY CN$UT TgRisn THOMAS GALLAGHER ABSTRACT 988 AND THE — -- — -- JAMES W. WARD ABSTRACT 1031., NUECES COUNTY, TEXAS. CALLED 30.77 ACRE 1, VICTOR S. MEDINA, A RESITERED PROFESSIONAL LAND SURVEYOR, DO C. CITY OF CORPUS CHRIST HEREBY CERTIFY THAT TO THE BEST OF MY KNOWLEDGE AND TO SECURITY WATERUNE EASEMENT TITLE AND THOMAS PETROLEUM, L-C, A TEXAS LIMITED LIABILITY COMPANY, VOLUME 679, PAGE 225 THIS PLAT REPRESENTS AN ACTUAL SURVEY MADE ON THE GROUND UNDER —D.R.N.C.T— MY SUPERVISION AND SUBSTANTIALLY COMPLIES WITH THE MINIMUM STANDARDS FOR LAND SURVEY IN TEXAS AS X,FORTH BY THE TEXAS A 13TH DA Q BER BO RD OF PREFESSIONAL LAND SURVEYORS T, TEXAS CEO TECH 2012. OF LAND SURVEYING, INC SUBSIDIARY OF MEDINA CONSULTANTS robe to(Wte—geote h.com 6330 SARATOGA BLVD, ` SUTE C C Cbrierti, TX 78414 (361) . Fax (361) 093-2955 DATE: APRIL 05, 2013 DRAWN: R.C. too' 0 too' 200• 3w 4W 5m, 1w, V! .... .. RE ISTERED PRO LAND SCALE: 1 200' FEET SCALE: 200' JOB NUMBER: 121206 LICENSE No. 3419 APPROVED: VSM SURVEY: J.N. & B.P. S TAT E HIGHWAY 44 N88'55'1 4"E 588.54' 4]1.50 LANDSCAPE AREA MIN. 5' WIDE Na4'S2' "E TO SCREEN PARKING AREA �c LANDSCAPING IN THIS AREA— CANOPY TREES TO BE w ° °^ LNJ�m LLo: 9 UTILIZED TO SCREEN FACILITY FROM TRAFFIC ON SH 44 EY 2 00 � c 7 y GRAPHIC G eALE I_�_I_�_�- _I_I_I I_I_I_I_I_LI_I_I I_�I_I _I_LI_I_�- 1. �. �_ . 1-TIT1 `IIIII III 1I I Llllll � g�B^ —U wa E J. a �„ 61 -2 933 o me OFFICE 1853 SQ.FT. +/- (a�J WAREHOUSE 7215 SQ.FT. +/- 4. 1 443 £ i� T s 9 � 1 —A 18.25 Acres. _ IA R. 1;,T14 794773.17 Sq.ft. 12 —A c W 0 i— 7 SHOP 5638 SQ.Fi. +/- q-... z 7 C. T. v J a 4! 1 6025828 �u® x W d = H 6' TALL SCREENING FENCE T. W N ~ AREA LIGHTING TO BE SHIELDED F SO THERE WILL BE NO LIGHT® 1 Co .. SPILLAGE ONTO ADJOING = F RESIDENTIAL PROPERTY F ulj -2 U,. T. 14 � R p Y E 1 T SITE DRAINAGE: DRAINAGE WILL BE ADDRESSED DURING THE A 5 �, — 1 PLATTING AND BUILDING PERMITTING PROCCESSES. 15—A §Rz z.. QUIDA ^ r� �1455 - 1 6' TALL SCREENING & SECURITY FENCE ^ o C. T / 6' TALL SCREENING FENCE a00089 SHEEP NO. 1060.03 S88'55'09'W 1 DRAINAGE DITCH X100' WIDE) CITY OF CORPUS CHRIST! OF 1 SHEEfS U m W APPENDI 12: PLANTS ATTRACTIVE TO WILDLIFE Listings within groups; are in order of extent of use, which in some cases may be affected by availability •�. • Alder Alnus *P. Maple Acer spp. Aspen PopAus spp. Mesquite Prosopis sPP. Beech Fagusgrandifok- Mulberry lAlorus spp. Birch Betual spp. Oak Querms spp. Blackberry Rubus App. Persimmon Dio, gyros spp. Blackgum Nyssa sylvatica Pine Pinus sPP. Blueberry Vareineum spp. Poison Ivy To.xicodendron radicans Cedar Juniperus spp. Pricklypear Opuntia spp. Dogwood Corpus spp. Sagebrush Artemisia spp. Douglas fir Pseudotsuga taxifolia Saltbush Atnplex spp. Elderberry Sambums spp. Serviceberry zlmelavchier spp. Fir Abies spp. Snowberry Symphoricarpos Gooseberry Grossulana Spruce Picea spp. Grape Vitis spP. Sumac Rhus spp. Greenbrier Smilax spp. Virginia creeper Partbenodssus spp. Hackberry Cellis spp. Wild cherry Prunus spp. Holly Ilex spp. Willow Salix spp. Manzanita Aretost h los Bluegrass Poa spp. Grama,grass Bouteloua spp. Bristlegrass Setetia spp. Knotweed Polygonum spp, Brome grass Bromus spp. Oats Avena spp. Chickweed Stellaria media Panic Grass Panicum spp. Clover Trifolium spp. Pigweed Amaranthus spp. Crabgrass Digilaria spp. Ragweed Ambrosia spp. Deervetch Lotus spp. Russian thistle .Salsola kak Doveweed Croton spp. Sedge Carex spp. Dropseed grass Spombolus spp. Sunflower HeNanthus spp. Fescue Festuca spp. Tarwced Madia spp. and Hemi .Zonia spp. Filaree Eradium pp. Turkey Mullein F.remocarpus setigerus Goosefoot Cheno odium Algae Chlorophyta Pondweed Potamogeton spp. Arrowhead Sagittwia spp. Saltgrass Disticbks spp. Bulrush Scirpus spp. Smartweed Polygonum spp. Burreed Spargamum spp. Spikerush Eleocbaris spp. Cordgrass Spartina spp. Water lily Nymphaea spp. Duckweed Lemna spp. Weidgeongrass Ruppia maritime Horned- pondweed Zannichelliapalustris Wildcelery Valksneria spirabs Muskgrass Chara spp. Wildmillet Echinochloa spp. Naiad Naas Wildrice : K ania uatica Alfalfa Medicago sativa Grape Vith Apple Maluspumila Oats Avenasativa Barley Hordeum vulgar, rice Oryza sativa 16 Sources: Martin, A.C., H.S., Zim, and A.L. Nelson. 1961. American wildlife and plants. Dover Publications, N.Y. 500 pp. Lefebvre, p.W., and D.F. Mott. 1987. Reducing bird /aircraft hazards through control of bird nesting, roosting, perching, and feeding Section of Bird Control, Denver Wildl. Res. Ctr. , ADC /APHIS /USDA, Denver, CO., Bird Damage Res. Rept. 390. 91 pp. State of Minnesota Airport ` Compatibility Manual Department of Transportation /Office of Aeronautics Appendix Page 1 EXHIBIT D M a homas, W.A, (Coordinator). 1977. Airport grounds development and maintenance manual. Airports and Construction ctorate (Canada). V., and D.F. Mott. 1987. Reducing bird /aircraft hazards through control of bird nesting, roosting, perching, and feeding. rd Control, Denver Wildl. Res. Ctr. , ADC /APHIS /USDA, Denver, CO., Bird Damage Res. Rept. 390. 91 Pp ipatibility Manual State of Minnesota Page 2 Department of Transportation/Office of Aeronautics EXHIBIT D NX 12: %ttractive to Wildlife Cherry Corn rvicebe I c,..., 1— Sorg!?um.vulgare Triticum spp. Gray birch B. populrfoka River birch B. nigra Paper birch B. papynfera Western white birch B. commutate Flowering dogwood Corpus florida Japanese dogwood C. kousa Cornelian cherry C. mas Pacific dogwood C. nuttak Cockspur thorn Crataegus crusgalli Toba hawthorn "C x mordensis `Toba" English hawthorn C. oxyacantha Paul's scarlet hawthorn C'sp. Cutleafpeashrub Cara gan arborescens Weeping caragana " C. arborescens Tidy c,aragana C. microphylla Silverleaf dogwood Cornus alba Siberian dogwood C alba Yellowdoe dogwood C. Alba Red osier dogwood C. stolonifera Yellow twig dogwood C. stolonifera usstan olive = Eleagnus angustifolza merican beech Fagusgrandifolia' xrple beech F. sylvatica 'eeping birch F. sylvatica etchel crabapple Malus ioensis .ssard plum Prunes cerasors mur choke cherry P. maackh .ay Day tree P. padus commutate utumn Flowering Higan P. subhirtella ferry iubert choke cherry P. vfrg mana 'bite cedar Tbuja ocddentaks edge cotoneaster C. luada 'itchhazel Hamamelis virginiana 'regon grape Nlabonia aguifolium irginia creeper Partenocissusguinguenfolia 7 estern sand cherry P.`tomentosa lowering almond P. triloba 1pine currant 'gibes alfiinum ustrian brier rose Rosa foetida lining rose R. l nitida edleaf rose R. rubnfoka nmatt meP R rhi- nnrdrrdzvrn Peking cotoneaster Cotoneasteracufifoha Wayfaring tree' V. lantan, Early cotoneaster C. ad pressapraecox European highbush cranberry " V.'opulus Rocks pray cotoneaster C.'hon ontaks Ordinance amending the Unified Development Code ( "UDC ") upon application by Elizabeth Anne Meaney ( "Owner "), by changing the UDC Zoning Map in reference to an 18.25 -acre tract of land out of the G. H. McLeroy 40 -acre tract and being out of Survey 402, Thomas Gallagher Abstract 988 and the James W. Ward Abstract 1031, from the "RS -6" Single - Family 6 District to the "IL" Light Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Elizabeth Anne Meaney ( "Owner ") for an amendment to the City of Corpus Christi's Unified Development Code ( "UDC ") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 27, 2013, during a meeting of the Planning Commission, and on Tuesday, April 23, 2013, 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 Elizabeth Anne Meaney ( "Owner "), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on an 18.25 -acre tract of land out of the G. H. McLeroy 40 -acre tract and being out of Survey 402, Thomas Gallagher Abstract 988 and the James W. Ward Abstract 1031 (the "Property "), located on the south side of State Highway 44, approximately 110 feet east of South Clarkwood Road, from the "RS -6" Single - Family 6 District to the "IL" Light Industrial District (Zoning Map Nos. 058043 & 057043), as shown in Exhibits "A" and "B." Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds description, 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 (18.25 -acre tract of land out of the G. H. McLeroy 40 -acre tract and being out of Survey 402, Thomas Gallagher Abstract 988 and the James W. Ward Abstract 1031) and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 20 ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor MeaneyEA RS6 to IL vFinal 20130405 Page 2 of 2 STATE OF TEXAS COUNTY OF NUECES EXHIBIT "A" BEING An 18.25 ACRE TRACT OF LAND OUT OF THE G.H. McLEROY 40 ACRE TRACT AND BEING OUT OF SURVEY 402, THOMAS GALLAGHER ABSTRACT 988 AND THE JAMES W. WARD ABSTRACT 1031. NUECES COUNTY, TEXAS AND IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A FOUND 5/8 -INCH IRON ROD, BEING THE SOUTHEAST CORNER OF LOT 15 -A, BLOCK 1 OF THE CLARKWOOD ANNEX SUBDIVISION DEED TO SIMS OUIDA IN DOC. 39455 -1 OF THE DEED RECORDS OF NUECES COUNTY, TEXAS; SAID 5/8 -INCH IRON ROD BEING THE SOUTHWEST CORNER OF THIS TRACT; THENCE NORTH 01 DEGREES 01 MINUTES 46 SECONDS WEST, WITH THE EAST LINE OF SAID CLARKWOOD ANNEX SUBDIVISION, A DISTANCE OF 724.29 FEET TO A SET 5/8 -INCH IRON ROD ON THE SOUTH RIGHT -OF -WAY LINE OF STATE HIGHWAY 44 AND BEING THE NORTHWEST CORNER OF THIS TRACT; THENCE NORTH 84 DEGREES 52 MINUTES 13 SECONDS EAST, WITH THE SOUTH RIGHT -OF -WAY LINE OF SAID STATE HIGHWAY 44, A DISTANCE OF 471.50 FEET TO A FOUND TEXAS DEPARTMENT OF TRANSPORTATION MONUMENT AND BEING A CORNER OF THIS TRACT; THENCE NORTH 88 DEGREES 55 MINUTES 14 SECONDS EAST, CONTINUING ALONG SAID SOUTH RIGHT -OF -WAY LINE OF STATE HIGHWAY 44, A DISTANCE OF 588.54 FEET TO A SET 5/8 -INCH IRON ROD FOR THE NORTHEAST CORNER OF THIS TRACT; THENCE SOUTH 01 DEGREES 07 MINUTES 13 SECONDS EAST, A DISTANCE OF 757.57 FEET TO A FOUND 5/8 -INCH IRON ROD FOR THE SOUTHEAST CORNER OF THIS TRACT; THENCE SOUTH 88 DEGREES 55 MINUTES 09 SECONDS WEST, A DISTANCE OF 1060.03 FEET TO THE PLACE OF BEGINNING AND CONTAINING 18.25 ACRES OF LAND, MORE OR LESS; off' '►7 .. S. MEDONA 34 0k�881�N� Q' suaV 4/5//,.7 EXHIBIT A m X r STATE HIGHWAY 44 N88* 55'14"E 588,54' rouNa wo r MON. 471-5 a N84'52:13"E --- SET 5A I.R. 5/6 I.R. FOUND mao r MON. M EA 'WE Y E. \ —SET 618 I.R. DOCIf 9 I200267 N.0 T 'q STATE HIGHWAY DEPARTMENT OF TEXAS DC§t --RVANTES J DRAINAGE DITCH RIGHT-OF-WAY EASEMENT R S VOL. 21Z Pa 346 -293 \�- FOUND 5/27 LR. D.R.ACT DM a, 0 < D.4 OC o 4194 't - !MSON 18.25 Acres. OS A& rAIA 41 , J� 0 ARUN A M. 794773.17 Sq.ft. 3 DOC R.N.0 43 .T. I 5-97 NOTE: 0 2a 3: J 00 AFTER REVIEWING THE TITLE 0 - 11 0 INSURANCE ISSUED BY SECURITY vi GVTZA"L COMPANY HAVING A GF# TITLE DR0,040095-42 'R N.0 T. 124890430, AND AN EFFECTIVE DATE R.N.C.T. I C) OF DECEMBER 02, 2012. THERE LOT 14 S ARE NO EASEMENTS OR SETBACKS DOC. D, 455-1 z ON THE FOREGOING PROPERTY. ya - .. I :FOUND 518 J.R. 0 40; 15-A gj� "IS • SURVEY 01 D C� I P.O.S. - 1A SA T t FOUND 61'8 D � 4 BEING A 18.25 ACRE TRACT OF LAND OUT 60.0 OF THE G.H. McUEROY 4-0 ACRE TRACT AND S8� 10 OPIN BEING OUT OF SURVEY 402, CITY CN$UT TgRisn THOMAS GALLAGHER ABSTRACT 988 AND THE — -- — -- JAMES W. WARD ABSTRACT 1031., NUECES COUNTY, TEXAS. CALLED 30.77 ACRE 1, VICTOR S. MEDINA, A RESITERED PROFESSIONAL LAND SURVEYOR, DO C. CITY OF CORPUS CHRIST HEREBY CERTIFY THAT TO THE BEST OF MY KNOWLEDGE AND TO SECURITY WATERUNE EASEMENT TITLE AND THOMAS PETROLEUM, L-C, A TEXAS LIMITED LIABILITY COMPANY, VOLUME 679, PAGE 225 THIS PLAT REPRESENTS AN ACTUAL SURVEY MADE ON THE GROUND UNDER —D.R.N.C.T— MY SUPERVISION AND SUBSTANTIALLY COMPLIES WITH THE MINIMUM STANDARDS FOR LAND SURVEY IN TEXAS AS X,FORTH BY THE TEXAS A 13TH DA Q BER BO RD OF PREFESSIONAL LAND SURVEYORS T, TEXAS CEO TECH 2012. OF LAND SURVEYING, INC SUBSIDIARY OF MEDINA CONSULTANTS robe to(Wte—geote h.com 6330 SARATOGA BLVD, ` SUTE C C Cbrierti, TX 78414 (361) . Fax (361) 093-2955 DATE: APRIL 05, 2013 DRAWN: R.C. too' 0 too' 200• 3w 4W 5m, 1w, V! .... .. RE ISTERED PRO LAND SCALE: 1 200' FEET SCALE: 200' JOB NUMBER: 121206 LICENSE No. 3419 APPROVED: VSM SURVEY: J.N. & B.P. AGENDA MEMORANDUM Public Hearing/First Reading for the City Council Meeting 0511412013 Second Reading for the City Council Meeting 05128/2013 DATE: April 10, 2013 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Planning and Environmental Services petean@cctexas.com 361-826-3781 Amending the South Central Area Development Plan, an Element of the Corpus Christi Comprehensive Plan A r III a d Eel I I Ordinance amending the South Central Area Development Plan, an element of the Comprehensive Plan of the City of Corpus Christi by renaming the Plan; updating goals and policies; providing new measurable strategies and a new multi-modal transportation plan, urban design plan, and urban living options plan; updating the future land use map; providing for severance; and providing for publication PURPOSE: To update goals, policies, and the Future Land Use Maps of the South Central Area Development Plan, an element of the Comprehensive Plan. The plan will incorporate new measurable strategies a new, multi-modal transportation map, urban design and urban living plans within the area development plan. BACKGROUND AND FINDINGS: The Central Business Development Plan as planned and vetted through the established Central Business Development Plan Planning Committee. The Planning Committee formed consists of Engineers, Business Owners, Realtors, Residential and Commercial Builders, and representatives from community organizations and agencies including the Metropolitan Planning Organization, CCRTA, CCNAS, TAMU, Uptown Neighborhood Initiative, Downtown Management District, Westside Business Association, Bay Area Smart Growth Initiative, Destination Bayfront, and representatives from the City's Engineering, Park and Recreation, Business Support Services (Zoning and Project Management) Departments and the City's Planning and Environmental Services Department. Following the numerous presentations to stakeholders and vetting groups, the drafted plan was amended each time to include and address the suggestions, comments, and concerns of each group. In addition to renaming the plan area as the "Central Business Development Plan", plan boundaries have been proposed to extend beyond the former boundaries to include a portion of the Westside Area Development Plan to the west, and the Washington-Coles and Hillcrest neighborhoods to the north. New additions to the plan include a Multi-Modal Transportation Map, an Urban Design Map, an Urban Living Options diagram, and an updated Future Land Use Plan that includes mixed-uses as additional land use descriptions. ALTERNATIVES: Approval of the amendments to the South Central Area Development Plan with specific conditions. Denial of the amendments to South Central Area Development Plan. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: The proposed amendment to the South Central Area Development Plan is consistent with the intent of the City's Comprehensive Plan. EMERGENCY /NON- EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Planning Commission recommendation: Approval of the plan at the February 27, 2013 meeting. FINANCIAL IMPACT: Li Operating u Revenue o Capital x Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends approval of the proposed amendments to the South Central Area Development Plan. LIST OF SUPPORTING DOCUMENTS: Planning Commission Unofficial Minutes 2-27-2013 Ordinance with Exhibits Powerpoint Ordinance amending the South Central Area Development Plan, an element of the Comprehensive Plan of the City of Corpus Christi by renaming the plan; updating goals and policies; providing new measurable strategies and a new multi-modal transportation plan, urban design plan, and urban living options plan; updating the future land use map; providing for severance; and providing for publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation concerning the amendment to the South Central Area Development Plan, an element of the Comprehensive Plan of the City of Corpus Christi, Texas WHEREAS, with proper notice to the public, public hearings were held on February 27, 2013, during a meeting of the Planning Commission, and on May 14, 2013, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard 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, The Corpus Christi South Central Area Development Plan, an element of the Comprehensive Plan of the City of Corpus Christi, Texas ("Comprehensive Plan"), is amended by renaming the plan "The Corpus Christi Central Business Development Plan" (to be referred to as the "Central Business Development Plan"). Furthermore, the Central Business Development Plan is also amended by updating the goals and policies, adding new measurable strategies, adding a new multi-modal transportation plan, adding a new urban design plan, adding an urban living options plan, and adding new map exhibits. A copy of the Central Business Development Plan, attached to this ordinance as Exhibit "A" and incorporated by reference as if fully set out herein in its entirety, is on file with the City Secretary's Office. Also attached to this ordinance are Exhibits "B" and "C," which contain condensed and summarized portions of information included in Exhibit A. SECTION 2, The Comprehensive Plan is further amended by revising the future land use maps of the City of Corpus Christi to be consistent with the map exhibits reflected in the Central Business Development Plan. SECTION 3. To the extent that the amendment made by this ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendment made by this ordinance. The Comprehensive Plan, as amended from time to time and except as changed by this ordinance, remains in full force and effect. ii SECTION 4. Any ordinance or part of any ordinance in conflict with this ordinance is hereby expressly repealed. M III I S-14 WKS Me Lq 1 11-719 IN 0 . 11 FRIAWNSIVAS1 121 11,71 1 W 04 AUS" IYANIN RISEN= 1 1111 The foregoing ordinance was read for the first time and passed to its second reading on this the - day of 1 2013, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the - day of 1 2013, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott BF we I I M 1 0- 1 0 r r 9 r - ATTEST: Armando Chapa City Secretary Central Business Development Plan amendment vFinal Page 2 of 2 111 CENTRAL BUSINESS DEVELOPMENT PLAN An Element of the Comprehensive Plan Adopted May 21, 2013 1V David Loeb At Large Lillian Riojas At Large Mark Scott At Large Mayor Nelda Martinez Kelley Allen Chad Magill District 2 Priscilla Leal District 3 Ron Olson City Manager Fred Braselton Gabriel Guerra Chris Hamilton CITY OF CORPUS CHRISTI CITY COUNCIL 2013 Colleen McIntyre Rudy Garza Jr. District 5 CITY OF CORPUS CHRISTI PLANNING COMMISSION 2013 Govind Nadkarni Chairman Marco Castillo Philip Ramirez Vice Chairman Mike Lippincott CITY PLANNING & ENVIRONMENTAL SERVICES DEPARTMENT 2013 Oscar Martinez Assistant City Manager Pete Anaya, P.E. Director Faryce Goode -Macon Assistant Director CENTRAL BUSINESS PLANNING COMMITTEE MEMBERS A special thank -you goes out to members of the Central Business Development Plan Planning Committee for giving their expertise, time, and hard work in the development of the Central Business Development Plan: Bart Braselton: Residential Builder Bryan Johnson: Real Estate Broker Carl Weckenmann: Dir. of Planning, Regional Transit Authority Chad Magill: Former Chair, Downtown Management District Darlene Gregory: Chair, Uptown Neighborhood Initiative Don Zimmermann: Liaison Officer, CC Naval Air Station Plans George Clower: Commercial Realtor Dr. Gilda Ramirez: Director of the Antonio E. Garcia Arts & Ed. Ctr., Westside Rep. Hope Malkan: Business Owner Jeff Pollack: HDR /City Integrated Community Sustainability Plan Coordinator JJ Hart: Destination Bayfront Representative John Bell: Commodore, CC Yacht Club John Michael: Engineer /Consultant John Tamez: City Planning Commissioner John Vidaurri: Executive Director, Downtown Management District Judy Lapointe: Six - Points Area Rep. Tom Niskala: Dir. Of Transportation Planning, Metropolitan Planning Org. Rep. City Staff Committee Members Peter Davidson: Superintendent, CC Marina Dan Biles: Dir. of Engineering Stacie Talbert: Asst. Dir. of Park & Recreation Michelle Barrera: ACM Exec. Assist. / Special Projects, Business Support Services Annika Gunning: Zoning Administrator, Business Support Services Julio Dimas: Project Management, Business Support Services Elena Buentello: Planning Technician, Comprehensive Planning Andrew Dimas: City Planner, Comprehensive Planning Lisa Wargo: Senior City Planner, Comprehensive Planning Mike Newberry: GIS Mapping Specialist Jeremy Mecom: GIS Mapping Support V1 ' ABLE OF CO '1 E '1 APPLICATION ................................................................................................ ..............................1 PURPOSE ......................................................................................................... ..............................1 CURRENT CONDITIONS /CENSUS DATA .................................... ..............................1 DEVELOPMENT PLAN BOUNDARIES ........................................ ..............................2 CURRENTLAND USE .................................................................. ..............................4 DEVELOPMENT PLAN GOAL ...................................................... ..............................5 OBJECTIVES, POLICIES, & MEASURABLE STRATEGIES ......... ..............................5 LAND USE ELEMENT ........................................................ ..............................5 Residential Land Use Classification ...................... ............................... 5 Mixed Use Land Use Classification ......................... ..............................6 Objective/Policies .................................................. ............................... 7 MeasurableStrategies ............................................. ..............................9 URBAN DESIGN ELEMENT ............................................... ..............................9 Objective/Policies .................................................... ..............................9 MeasurableStrategies ............................................. ..............................9 ECONOMIC DEVELOPMENT ELEMENT ........................... .............................14 Objective/Policies .................................................... .............................14 MeasurableStrategies ............................................. .............................14 HOUSING DEVELOPMENT ELEMENT ............................. .............................15 Objective/Policies .................................................... .............................15 MeasurableStrategies ............................................. .............................15 CONSERVATION & NATURAL ENVIRONMENT ELEMENT ..........................16 Objective/Policies .................................................... .............................16 MeasurableStrategies ............................................. .............................16 PARK & RECREATION ELEMENT ..................................... .............................16 Objective/Policies .................................................... .............................16 MeasurableStrategies ............................................. .............................16 TRANSPORTATION ELEMENT ......................................... .............................17 Access....................................................................... .............................17 Objective/Policies .................................................... .............................17 MeasurableStrategies ............................................. .............................19 Vii TABLE OF CONTENTS (Continued) MARINA DEVELOPMENT ELEMENT ............................. .............................19 Objective/Policies .................................................. .............................19 MeasurableStrategies ........................................... .............................19 CAPITAL IMPROVEMENT ELEMENT .......................... ............................... 20 Objective/Policies ............................................... ............................... 20 MeasurableStrategies ........................................... .............................20 PUBLIC SAFETY & NEIGHBORHOOD IMPROVEMENT ELEMENT.......... 20 Objective/Policies ................................................. .............................20 MeasurableStrategies ........................................... .............................21 PLAN IMPLEMENTATION ...................................................... ............................... 21 Objective/Policies ............................................... ............................... 21 FIGURE 1. CENTRAL BUSINESS PLAN AREA BOUNDARY MAP ............................'7 FIGURE 2. CURRENT LAND USE MAP ....................................... ..............................8 FIGURE g. FUTURE LAND USE MAP ......................................... .............................12 FIGURE 4. CENTRAL BUSINESS URBAN DESIGN IMPROVEMENT PLAN.......... 10 FIGURE 5. CENTRAL BUSINESS URBAN LIVING OPTIONS PLAN .......................11 FIGURE 6. CENTRAL BUSINESS MULTI -MODAL TRANSPORTATION PLAN ...... 18 APPLICATION The Goal, Objectives, Policies, and Measurable Strategies of this plan supersedes the South Central Area Development Plan and all previous City plans for this area except for the Reinvestment Zone No. 1 Project Plan which shall remain in force until State law provides for the termination of Reinvestment Zone. In addition, this plan is an update to the original South Central Area Development Plan adopted May 21, 1991 and later updated in February 28, 1995 and February 17, 2004. PURPOSE The purpose of the Central Business Development Plan (CBDP) is to facilitate the development and redevelopment of the Central Business area by providing policies and measurable development standard strategies for the Central Business area, and the Central Business Future Land Use, Multi -Modal Transportation, and Urban Design Maps. The City's departments shall focus on those policies and standards throughout the planning, development review, building, and Planning Commission and City Council approval processes to ensure a balance of mixed residential, nonresidential, civic, tourist, cultural, educational, and recreational uses. Measurable Strategies provided should be reasonable enough to be accomplished within a period of 5 years from the date of adoption. CURRENT CONDITIONS 2010 Census Data. The South Central area has experienced a significant decline in population over the last 40 years. In addition, the area has experienced a major exodus of retail businesses since the 1970s. The 2010 Census data for the Central Business Development Plan Area are outlined in the following tables: Plan Boundaries. The Central Business Development Plan area consists of 4.64 square miles of area bounded by the City's Ship Channel to the north, the Corpus Christi bay to the east, Morgan Avenue to the south, and Port and Nueces Bay Avenues to the west. This area is depicted in Figure 1. White alone B a l American Indian alone As or Pacific a # i Hispanic (any race) ® , . .:� -! ; Two or More Races a 24 years or younger .... . 9th - 12th Grade (no diploma) High School Graduaw Some College (no degre a B Masters or PHD '. Owner O ccu pi e , d � Renter Occupic Average Housefiold Income Median Household llncome Plan Boundaries. The Central Business Development Plan area consists of 4.64 square miles of area bounded by the City's Ship Channel to the north, the Corpus Christi bay to the east, Morgan Avenue to the south, and Port and Nueces Bay Avenues to the west. This area is depicted in Figure 1. Figure 1. Central Business Plan Area Boundary Current Land Use. The following map depicts the current land uses found within the Central Business Development Plan boundaries: Figure 2. Current Land Uses. GOAL Promote the Central Business area as a thriving 24 -hour, aesthetically pleasing mixed -use and pedestrian- oriented environment in which to live, work, play, conduct business, and promote the area as an active tourist destination. OBJECTIVES, POLICES, AND MEASURABLE STRATEGIES ILqljm The intent of the Central Business Future Land Use Plan is to demonstrate to potential purchasers or developers the City's long range view of how particular properties should be reconfigured and used should it become feasible to do so. In some cases the recommended future land use is the same as the existing land use. However, in certain locations throughout the planning area, the Central Business Future Land Use Map and special area or neighborhood plans contain parcels with existing uses that are proposed for a change in land use, or for redevelopment as part of a larger site. Several Land Use definitions are provided to express future land uses for every parcel within the planning area to clearly state future expectations for development. Some classifications are very specific with regard to the type of uses and densities that are expected. Other classifications identify general categories of uses that will allow for varying degrees of flexibility for future development or adaptive reuse of existing structures. These classifications are used in locations that have been identified as appropriate for mixed use development or to promote co- location of compatible uses. The size and location of individual development sites may result in different mixtures of uses and densities. For many parts of the City that remain undeveloped or for which redevelopment is expected, Special Area (Neighborhood) Development Plans have been created to provide an additional level of detail for planning and design recommendations, including descriptions of planned mixed use areas. Mixed Land Uses integrate a broad range of housing within neighborhoods that allow for greater housing choices particularly for younger and older age groups. This classification is intended to provide market flexibility to allow for a wider range of housing choices, while providing basic daily and necessary commercial and office services to the residents of the neighborhood or community within walking (pedestrian- oriented) distance and /or transit service. Smaller sites may include a single housing type, appropriately scaled to the surrounding development context, and consistent with Future Land Use Plan recommendations where applicable. Larger sites are expected to incorporate a mix of housing types and to be designed to look, feel and function as a cohesive neighborhood. Uses are integrated in both a horizontal (side -by -side) and vertical (one use located above another) basis. This classification is further defined as follows: This land use is intended to provide a mix of housing options and transition from existing single - family neighborhoods at a typical density of 1.0 - 4 du /ac. Neighborhood Mixed Uses are intended to provide daily retail uses and personal services for the convenience of neighborhoods in which they are located, within a reasonably short distance. Building heights generally range from one to two stories, consistent with surrounding residential development. All neighborhood mixed use projects must be planned and built in accordance with Section 7.11 of the Unified Development Code. Mixed i ti — Medium Dens it This land use includes areas developed with greater walkability and pedestrian orientation attributes, at a typical density of 5.0 - 15 du /ac. Building heights generally range from one to two stories, consistent with surrounding residential development and are often placed closer to the street to form a street edge with residential appearance. Mixed i ti l - High Densit Mixed residential land use areas applicable to more urbanized areas at a density of 15+ du /ac. High density mixed residential development is intended for integration with Town Center and /or Urban Core developments, where appropriate, to create very walkable and active pedestrian zones and housing options close to employment and transit. Live -Work units shall be a permitted use within any designated Mixed - Residential Land Use area or within any designated mixed use district. All proposed Live -Work units must be planned and built in accordance with Section 6.14.7 of the Unified Development Code. Non Residential i Non - residential mixed use land areas refer to mixed uses within a building or several buildings that do not incorporate residential uses and are located near arterials or major collectors that are intended to provide daily retail, major grocers and other conveniences to serve the local community. Non - residential mixed uses include strip mall centers. OBJECTIVE Plan land uses appropriately for current and future populations and support future development by making a variety of land uses available, while working to ensure compatibility between existing and future land uses, existing and planned infrastructure, and existing natural resources. POLICY . The City Council hereby adopts the Central Business Future Land Use Plan map (see Figure 3) and the accompanying text as a guide for future land use decisions and development within the Central Business area boundaries. The plan provides guidance for future land use planning, including rezoning, platting, fiscal management, and capital improvement planning, and all development should be consistent with the Central Business area future land use classifications. POLICY Mixed -use districts are being actively encouraged, and locations for new mixed -use centers are being identified, providing live- work -shop opportunities that minimize travel needs. The properties located along Shoreline Boulevard have been identified as areas that shall be considered for tourist - related and residential mixed uses, with limited office or non - tourism related business uses. POLICY LU 1.3 In order to ensure that development and redevelopment within the Central Business area will eliminate blighting influences of outmoded and inefficient development patterns, the following land use techniques shall be required for all development: ® ®® Create a walkable, pedestrian- oriented and transit - supportive urban environment. ® ®® Conserve land, energy, and natural resources through reduced automobile usage and advanced techniques such as onsite low- impact stormwater design techniques where practicable, and concentrate intensive land uses around existing public and private infrastructure so as to take advantage of the value of such investment. ® ®® Promote a mix of tourist, retail, entertainment, residential, and civic uses in the Central Business area and provide an aggregation of commercial uses in centers: avoid the use of any additional new strip - commercial development along right -of -ways. POLICY With exception to the industrial use areas permitted and depicted on the Central Business Future Land Use map, new industrial uses and outside storage uses shall be discouraged within the Plan Boundary, and existing industrial zoning or land use changes to another or expanded industrial use shall be discouraged. Figure 3. Central Business Future Land Use Map POLICY LU 1.5 Measurablp_Strategies Priority shall be given to the following land use projects in the following order within the Central Business area boundaries: j j Promote the construction of a large (minimum 2- story) grocery, entertainment, tourist, office, or residential mixed -use pedestrian center with pedestrian plazas in the area located west of Staples Street and south of Mussett Street. east of the Crosstown Consider and plan for an additional mixed -use grocery neighborhood center on the northside of 1 -37 within the Washington -Coles neighborhood. Utilize the Port Avenue corridor north of 1 -37 as a neighborhood commercial and restaurant establishment corridor to provide more dining opportunities for the Washington -Coles and Hillcrest residential areas and the SEA District tourist areas. Establish a community garden program and utilize undeveloped or underdeveloped properties and underutilized City parks to provide food for local residents, low- income areas, or shelters and food banks; Priority for establishment of community gardens should be given to the Hillcrest and Washington -Coles neighborhoods. Create a Parking Master Plan that includes the locations of potential parking garages within the Central Business area and promote the construction of multi -level garages versus open lot parking facilities. OBJECTIVE UD 1 Plan and provide for a functional 24 -hour Central Business area with residential and non - residential mixed use centers, containing areas of different densities, architectural styles, and land uses. Emphasize conflict -free, ADA- accessible, pedestrian - oriented planning techniques to enhance connections between Downtown and Uptown and promote a uniquely attractive atmosphere for small and large -scale tourist attractions and local businesses. Expressway (see examples below). 10 PO LICY 1.1 The City Council adopts Figures 4 & 5 "Central Business Urban Design Improvement & Urban Living Maps" as the guide for future Urban Design decisions in the Central Business area. The urban design map provided under this Plan constitutes additional planning and implementation measures for the Central Business area. Figure 4. Central Business Urban Design Improvement Plan (click on the map for interactive lavers) City' of Cmpcss Christi. Tczaz - vu. -- u A s � : - d e - -- - ♦ 3 - -. _ . --'. .3 s e _ P ... .ran. rz v s City' of Cmpcss Christi. Tczaz - vu. 11 Figure 5. Central Business Urban Living Options Map This map provides examples of living arrangements and urban design styles recommended by the City's Planning Department in planning these areas; however, the styles shown are not mandated by the city's code, provided the proposed design of a project does not conflict with the design requirements adopted under an overlay, special overlay district, or other adopted City code standards. (Click on map photos to view larger versions) 12 POLICY 1.2 Provide adequate, safe lighting, landscaping, street furniture, and signage to help visually and functionally integrate public and private development projects. Signs shall be required to be oriented and scaled for pedestrian traffic. Consideration should be given to minimizing the number and size of allowable signs and allowing limited - sized monument -type signs within the required setbacks. Billboards are prohibited within the Uptown- Downtown Special Mixed Use Overlay boundaries. POLICY 1.3 Provide diversity, not homogeneity, with a variety of building types in an attractive urban environment utilizing form, color, materials, building orientation, variation in building height, placement, and siting, and by arranging buildings in a regular patterns that are unbroken by parking lots and locating parking behind all uses for new development. Where parking garages are developed, the first floor of any parking garage must be constructed to ultimately provide mixed commercial /office uses on the first floor street level. POLICY 1.4 Pursue the development of a comprehensive "Complete Streets" program and design within the Central Business area boundaries. Pedestrian corridors should provide a strong, pedestrian- oriented environment for people of all ages and diverse forms of mobility. POLICY 1.5 Shading, through the use of storefront awnings, marquees, alcoves, street trees and landscaping shall be designed as a critical component of all roadway projects (particularly on Arterial and Collector right -of -ways) and gateways to and within the Central Business area, and leading to Memorial Park. Improvements shall be constructed and maintained through public and private methods and incentive programs. Collector streets shall be supplied with benches and pedestrian -style post lighting for resting and safety. POLICY 1.6 MeasurabLq r t _ i s. Priority shall be given to the following urban design projects in the following order within the Central Business area boundaries: j j Streetscape Zones (in accordance with the Streetscape Zone standards) shall be provided for the following streets within the Central Business Development Plan with Priority given to the following streets: 13 Develop the area within a %2 mile radius of the Staples and Leopard Street CCRTA station as a Transportation- Oriented Development with pedestrian- oriented features. 2 1 Define the physical boundaries of each district through the use of gateways, pole banners, and signs that are compatible with, but distinguish each area from one another; locate a new Welcome Center along the 1 -37 corridor within the Central Business area, Preferably near Shoreline Drive. Al Create an Urban Design Manual for the Central Business Development Plan area that includes different architectural styles for different neighborhood and entertainment areas of the Central Business area, and consistent urban design standards for new development, and develop a program to further incentivize the use of the standards. Require new and redeveloped parking lots to be located behind all structures, or below or above structures. 14 Include additional options for the construction of single- family homes by promoting the development of (attached or unattached) brownstones, townhomes, live -work units, vacation cottages, and medium and high- density mixed residential structures throughout the Central Business Development Area. Z I Establish a street bench dedication program providing street benches throughout the Central Business area utilizina the talents of local artists. I T OBJEC ED 1 Promote expansions of local businesses and target innovative and entrepreneurial businesses for relocation, and attract high -wage mobs in fields such as tourism, science, technology, and green or clean industries that create a vibrant economy. PO LICY .1 Address the barriers to feasible development and redevelopment of blighted areas which retard the growth of housing accommodations in the area, and incentivize and promote the adaptive reuse of existing structures. Promote short -term leasing of vacant properties in key locations. PO LICY m 1 e Str Priority shall be given to the following economic development projects in the following order within the Central Business area boundaries: Create a new "Blighted Property" Code Enforcement Team and allow the City Team members to designate a property as being blighted by inspecting blighted buildings and charging the owner for any maintenance performed by the City to bring a building up to the required building code as an initial step in condemnation proceedings. Boarding of ground floor windows of vacant buildings shall be prohibited within the Plan boundaries, and new construction shall include minimum window frontage to create a more attractive and pedestrian - friendly appearance. Streamline the street vendor process and update the vendor regulations and processes to expedite permitting, reduce costs, and regulate (potentially through lottery) the number of vendors permitted in an area, with exception of special events. Establish a semi - permanent or permanent fish market downtown with shading or shade structures for customers. 15 Promote and provide more professional office opportunities surrounding Memorial Hospital and affordable housing options for employees and seniors near the hospital. Inventory and promote the adoption and updating of existing neighborhood centers /plazas to create a pedestrian -style neighborhood gathering place that supports businesses and neighborhood communities. <. OBJECTIVE Reduce traffic congestion by providing affordable housing for workers and students within the Central Business Development Plan boundaries and providing an expanded resident population base to support new businesses and improve inner city mass transportation options. POLICY HD 1.1 Utilize alternative housing types and smaller lot development to promote the development of single- family residential living uses through live -work, townhome, and brownstone units within the Central Business Development Plan boundaries. POLICY Promote accessible and affordable living accommodations for the elderly to provide housing options for seniors (close to transit stations and transit stops) close to community centers, to continue living independently in their own community. POLICY HD 1.3 Measurable r _ . Priority shall be given to the following housing development projects in the following order within the Central Business area boundaries: 1 Pursue housing development and transit grants for more affordable and accessible housing for Seniors, students, smaller families, and single adults and provide a variety of housing types and update the City's Future Land Use and Zoning Maps and allow for more mixed -uses within the Central Business area boundaries. Adopt a Transit - Oriented Development overlay over the Staples and Leopard Street transit center to promote higher residential housing densities in proximity to the transit center. Conduct an inventory of vacant parcels (and vacant buildings) within the Hillcrest Washington -Coles neighborhoods, the Spohn Memorial Hospital neighborhood (near the Antonio Garcia Community Center), and other blighted or deteriorating neighborhoods located within the Plan boundaries for designation as potential future affordable housing development locations: actively recruit and assist potential developers and builders to develop these areas as affordable housing and senior - living developments through the use of incentives provided through HUD and other Federal, State, or City incentives available. Create new incentives for the construction of LEED - Certified or Green building standards. Update the City's Unified Development Code and Building Code to further incentivize the construction of Live -Work units within areas of the Central Business Development Plan boundaries. 16 ( } CONSERVATION AND NATURAL ENVIRONMENT OB JEC TIVE 1 Promote sustainable development techniques and protect the limited natural and financial resources through techniques such as Green Building standards, Best Management Land Practices, xeric and native landscaping, low- impact stormwater development techniques, roof -top green gardens and community gardens. POLICY CNE 1 ®1 Encourage energy conservation through land use and design, by incorporating mixed uses, clustered developments, development of complete neighborhoods and complete street designs. POLICY CNE 1.2 Promote the installation of solar and wind energy techniques and reduced impervious surfaces during the planning and construction phases. POLICY CNE 1.3 Pollution prevention devices shall be researched for incorporation into stormwater outfalls to capture floating debris, sediments and other pollutants before entering the Bay system, particularly along the bayfront where large volumes of floating debris and other urban pollutants along the seawall, beaches and shoreline areas are deposited. POLICY CNE 1.4 M easurab le tr°at _ is ® Priority shall be given to the following conservation and natural environment proiects in the followina order within the Central Business area boundaries: 1 Construct demonstration proiects utilizing techniques for rainwater capture (rain barrels, rain gardens), stormwater reuse (prey water irrigation), directional flow, and pervious materials. 2 Provide more trash receptacles throughout the Central Business area to reduce litter. 3 Establish a solid & toxic waste amnesty period program to incentivize the adaptive reuse, reconstruction, or demolition of existing vacant buildings. �. ! 9 • OB J EC TIVE 1 Seek the means to develop and support a system of urban parks and open space that link neighborhoods within and outside the Central Business area to growth and employment centers, as well as to other park, recreation, and community facilities within the City that are accessible to all citizens, regardless of race, ethnicity, gender, age, income, sexual orientation, or physical ability. POLICY PR 1.1 Support the development and redevelopment of viable and lively civic spaces, parks, square, plazas, and other public gathering places, tied to transit and accessible by multiple modes of transportation for residents of existing and new neighborhoods. Promote multiple uses and activities for the City's existing parks. POLICY PR 1.2 Continue developing a system consisting of bikeways, footpaths, canoe /kayak launching access points, and /or nature trails, linking parks and recreation areas, schools, beaches, residential areas and barrier islands to the Central Business area from areas outside the Plan area. POLICY PR 1.3 Measura trace ®es. Priority shall be given to the following parks and recreational proiects in the following order within the Central Business area boundaries: 1, Update Artesian, Retama, and Lovenskold Parks by providing pedestrian plazas, park furniture, public art, and special events (through the Landmark Commission where required); provide a pedestrian and visual connection between Blucher and South Bluff Parks. 17 2), Support the establishment and all phases of Destination Bayfront on the public property located from Furman Avenue to the Arts Center along Shoreline Boulevard. 3) Conduct additional Walkability Audits within the Central Business Plan boundaries to pinpoint areas needing improvement to serve pedestrians, provide connection to basic services and employment, and promote alternate modes of transportation. T T T T T Access. The principal accesses to the urban core of the Central Business area are as follows: 1. Interstate Highway 37 /US 181 corridor, which, in its current form, runs from west to east/northeast, and bisects adjacent neighborhoods and creates a barrier between the main sections of the downtown district. 2. Port and Nueces Bay Avenues form the western boundary of the CBDP; Shoreline Drive runs along the eastern boundary of the CBDP and Staples Street runs through the center of the CBDP; all of three of which run north and south in the CBDP. 3. Leopard Street and Morgan Avenue run east/west and Morgan Avenue traverses the southern boundary of the CBDP. OBJECTIVE TD 1 Utilize transit - oriented development concepts and guidelines in construction to help guide new development and redevelopment. POLICY TD 1.1 The City Council adopts Figure 6 "Central Business Multi -Modal Transportation Map" as the guide for future multi -modal transportation decisions in the Central Business area. The transportation network of this Plan constitutes additional planning and implementation measures for the Central Business area in addition to those outlined under the City's adopted Urban Transportation Plan. Traffic volumes are as follows for the listed right -of -ways: 18 Figure 6. Central Business Multi -modal Transportation Map (click map for interactive lavers) 19 POL ICY TD 1.2 Implement multi -modal land use planning techniques to ensure that new developments and existing neighborhoods maximize the potential of non - automotive access to a broad range of land uses and encourage inter - neighborhood connections. POL ICY TD 1.3 New development plans shall attempt to provide connection to planned or existing pedestrian and bikeway networks by incorporating such connections into the site plan. Where existing right -of -ways are updated, or new right -of -ways are constructed, right - of -way designs shall include pedestrian and bicycle connectivity and access. POLICY TD 1. 4 Measu Strategies. Priority shall be given to the followin transportation projects in the following order within the Central Business area boundaries: 1 Coordinate with Regional Transportation Authority to conduct a feasibility study for waterborne taxi and ferry transit and, ultimately, to locate a water taxi hub within the Destination Bayfront/Marina Plan area. Ensure that all phases of the Chaparral Street reconstruction are completed, and any existing missing pavers are replaced. Provide and connect new bike lanes with existing bike lanes and provide bike racks at strategic sight - seeing and transit use locations within the Central Business area. Construct new bike lanes and provide trolley access within the southwest (Memorial Hospital) neighborhoods that provide access to downtown sights and services and the bay. (MD) MARINA DEVELOPMENT OBJECTIVE MD 1 Enhance capital investment in the city, and continue to improve the appearance, safety and utility of the marina through needed improvements, regular maintenance and appropriate repairs. POLICY 1 ®1 Provide more public access and transportation connection from the plan area along the bay and marina, including providing bicycles to transient dock users for transportation along the waterfront and uptown and downtown areas. POLICY 1 ®2 Promote more water - dependent uses, rentals, and floating structures along the marina, McGee Beach, and the waterfront, including fish markets, kayak launches, day cruises, and bay -area wide water taxi services. POLICY 1 ®3 Explore expansion of the number of marina slips once occupancy rates of existing slips reach 85% occupancy. POLICY 1.4 Meas urable r i , Priority shall be given to the following marina projects in the following order within the Central Business area boundaries: j j Promote and help fund a new mixed -use Marina Lighthouse Tourist and Office space building on the Lawrence Street T -head (see proposed sketch). 20 Provide new directional signs and landscaping along Shoreline Drive and the T- heads, and sight - seeing scopes for wildlife viewing and birding and fish identification signs. Provide state -of- the -art commercial docking facilities for sight - seeing boats, the Harbor Ferry, and potential water -taxi docking to service Port Aransas, Ingleside, Padre Island, TAMU, NAS, Cole Park, and Corpus Christi North Beach. Establish a circular public tram route servicing the waterfront from the proposed Destination Bavfront Park and the SEA District amenities. LCjj CAPITAL 1MPR0VEqENTS O B JE C TI VE C1 1 The City shall provide and maintain in a timely and efficient manner adequate public facilities for both existing and future populations, consistent with available financial resources, and planned for the purpose of maintaining or improving future Levels of Service, in accordance with the adopted Capital Improvements Program. POLI C1 1.1 The City shall continue to pursue development options not listed within the CIP through the use of Federal, State, and public and private grants and donations. POLICY C1 1.2 The Capital Improvements Element shall include improvements that are typically large scale and high in cost, and to the greatest extent possible, not recurring in nature. For purposes of this Development Plan, consideration of proposed capital improvement projects with a life expectancy of five years or less shall be given priority. POLI C1 1.3 M easurable Strategies. Priority shall be given to the following capital improvement projects in the following order within the Central Business area boundaries: Develop a "road diet' to narrow Leopard and Lipan Street Corridors from 4 lanes to 3 lanes (including a center turn lane or center turn /median lane); provide a streetscape zone with sidewalks, street furniture, tree planting, bike lanes, and awnings for businesses. Provide sidewalks down the bank of the bluff for pedestrian passage and safety, and consider redesign of the bluff stairs leading to Retama Park through widening the steps to provide for a visually aesthetic gateway leading to a pedestrian piazza joining the adjacent Retama Park. Resolve the increased traffic levels and traffic flow problems in the SEA District during multiple events; resolve the lack of connection between Shoreline Boulevard and Chaparral Street by providing a transit, pedestrian, and bicycle route connecting Shoreline Boulevard to Chaparral Street; plan for the addition of parking garages and a potential transit station in the SEA District. Improve the Safety and Livability of Neighborhoods through the use of community planning and provide support to resident led neighborhood revitalization initiatives to cultivate and maintain strong, safe, and thriving neighborhoods. Expand local law enforcement agency partnerships and collaborate with community groups to increase awareness and solutions to safety issues and institute and neighborhood Crime Watch program to foster safer neighborhoods. 21 Increase natural surveillance and "eyes on the street" using "Crime Prevention Through Environmental Design (CPTED)" strategies such as building doors /entrances and windows to look out on to streets and parking areas: pedestrian - friendly sidewalks and streets: front porches: and adequate nighttime lighting. Facilitate the organization of block parties to promote interactions and relationship building between neighborhoods, which may help lead to collaborative clean -up or improvement projects. Organize and set up "Better Block Rapid Revitalization Demonstration" projects within specific neighborhoods (including designated destination nodes) to temporarily create attractive and active destination nodes based on multi -modal and Pedestrian-friendly techniques and events, promote relationships between community business owners and residents, and provide a vision for future redevelopment of an area. Priority shall be given to the following public safety and neighborhood improvement projects in the following order within the Central Business area boundaries: Create a committee to address the issues and needs of the homeless in the City: plan and work towards the placement of all the homeless, unemployment services, and additional social needs and services in one building, in one area. Inventory established residential neighborhoods (priority given to Hillcrest and Washington -Coles neighborhoods) with higher crime rates to determine whether adequate lighting and environmental design techniques are put into place to achieve a higher degree of safety, and establish a Neighborhood Watch program within the Hillcrest neighborhood. Organize a "Safe Routes (Ways) to School program ", organized and piloted at one school within the Central Business Development Plan boundary each year. Plan a Better Block Revitalization Demonstration Project event for the following areas: Leopard Street Upper Broadway and Retama Park area Hillcrest Neighborhood Chaparral Street ( I) LAN IMPLEMENTATION OBJECTIVE P1 1 It cannot be presumed that the Central Business Development Plan shall be implemented by city resources alone: the city's goal is leveraging and supporting private and public sector resources to accomplish the desired results through the use of city funds, grants, loans, tax increment financing, and other financing and development incentives and techniques. Plan implementation should also be seen as an investment strategy, and not Must for spending public funds. POLICY 1 1 ®1 The Central Business Development Plan shall be implemented through various City Departments, including the Comprehensive Planning, Project Management, Platting and Zoning, and Building Departments, through daily site plan review and utilizing the Central Business Development Plan Future Land Use, Multi -Modal Transportation, and Urban Design Maps as a guide in making land use decisions and determinations within the Central Business Development Plan boundaries. 22 POLICY I 1.2 The Central Business Development Plan Planning Committee shall continue to work together with the City and community action groups to plan the uptown and downtown areas as a "cohesive whole ", and promote the Objectives, Policies, and Measurable Strategies of the Future Land Use Map and accessory maps included under the Central Business Development Plan. 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Mra[: sk zd +o+ yLxtla rrepnavfd+ 35 .,rwur..v µ.xmv� mw.a� ! sr cx <x rmmrsG MINUTES REGULAR PLANNING COMMISSION MEETING City Hall Council Chambers February 27, 2013 5:30 P.M. COMMISSIONERS: Govind Nadkarni, Chairman Philip Ramirez, Vice Chairman* Mark Adame Fred Braseiton Marco Castillo ** Gabriel Guerra * ** Chris Hamilton Mike Lippincott "" Curtis Rock *Absent * *Arrived at 5:35 p.m. ** *Arrived at 5:42 p.m. * ** *Arrived at 5:33 p.m. STAFF: Mark Van Vleck, P.E., Director, Development Services Miguel Saldaria. AICP, Senior Planner Pete Anaya, P.E., Director, Planning & Environmental Services Lisa Wargo, Senior Planner, Planning & Environmental Services Shelly Shelton, Project Manager Annika Gunning, Project Manager Elizabeth Hundley, Assistant City Attorney Linda Williams, Recording Secretary CALL TO ORDER The meeting was called to order by Chairman Nadkarni at 5:30 p.m. and a quorum was declared. APPROVAL OF ABSENCES There were no absences. III. APPROVAL OF MINUTES February 13, 2013 Meeting Motion to approve the February 13, 2013 minutes as distributed was made by Commissioner Adame and seconded by Commissioner Castillo. Motion passed with Vice Chairman Ramirez absent. IV. PUBLIC HEARING ITEMS — DISCUSSION AND POSSIBLE ACTION ON THE FOLLOWING ITEMS: PLATS Continued Plats Shelly Shelton, Development Services, read Continued Plat Item °2" into record as shown below. Ms. Shelton stated the applicant's representative submitted a letter of request to table action on the plat until the March 13, 2013 meeting. 0113006 -NP003 (13- 21000001) Airport Industrial Subdivision Block 13, Lots 3 & 4 (Final — 3.969 Acres) Located east of Heinsohn Road and south of State Highway 44. Planning Commission Regular Meeting February 27, 2013 Page 2 IV. PUBLIC HEARING ITEMS — DISCUSSION AND POSSIBLE ACTION ON THE FOLLOWING ITEMS: PLATS Continued Plats — Item 2 (cont.) The public hearing was opened with no one coming forward and the public hearing was closed. Chairman Nadkarni called for a motion. Motion to approve tabling action on Continued Plat Item "2" to the March 13, 2013 meeting was made by Commissioner Braselton and seconded by Commissioner Adame. Motion passed with Vice Chairman Ramirez absent. Ms. Shelton read Continued Plats Item "3" into record as shown below. Ms. Shelton stated the plat satisfied all requirements of the Unified Development Code (UDC) and State Law and the Technical Review Committee (TRC) recommended approval. 0113009 -NP005 (13- 21000003) Mt. Vernon Shopping Center, Block 1, Lots 1A, 113, 1C & 1 D (Final — 19.298 Located east of South Staples Street and south of McArdle Road. The public hearing was opened with no one coming forward and the public hearing was closed. Chairman Nadkarni called for a motion. Motion to approve Continued Plats Item "3" was made by Commissioner Rock and seconded by Commissioner Hamilton. Motion passed with Vice Chairman Ramirez absent. New Plats Ms. Shelton read New Plats Item "4" into record as shown below. Ms. Shelton stated the plat satisfied all requirements of the UDC and State Law and the Technical Review Committee recommended approval. 4 0213016 -NP011 (13- 21000003) Barcelona Estates Units 5 & 6 (Preliminary - -15.96 Acres) Located south of Persimmon Street and east of Choctaw Drive. The public hearing was opened with no one coming forward and the public hearing was closed. Chairman Nadkarni called for a motion. Motion to approve New Plats Item "4" was made by Commissioner Adame and seconded by Commissioner Hamilton. Motion passed with Vice Chairman Ramirez absent. Ms. Shelton read New Plats Item "5" into record as shown below. Ms. Shelton stated the plat satisfied all requirements of the UDC and State Law and the Technical Review Committee recommended approval. 0213014 -P005 (13- 22000005) Oso Bay Park Block 1 Lot 1 (Final — 25.2965 Acres) _ Located north of Wooldridge Road, east of the future Oso Parkway and south of Holly Road. The public hearing was opened. Ms. Christine Cox, 2422 Mystic Star, addressed the commission. Ms. Cox stated she wanted information regarding what the park and the planned development of the land would look like and how it would affect their subdivision. Chairman Nadkarni stated Staff is always available to answer any questions regarding the proposed project. After a brief discussion, the public hearing was closed. Planning Commission Regular Meeting February 27, 2013 Page 3 IV. PUBLIC HEARING ITEMS — DISCUSSION AND POSSIBLE ACTION ON THE FOLLOWING ITEMS: PLATS New Plats — Item 5 (cont.) Chairman Nadkarni called for a motion. Motion to approve New Plats Item "5" was made by Commissioner Rock and seconded by Commissioner Adame. Motion passed with Vice Chairman Ramirez absent. Chairman Nadkarni requested the record reflect that he abstained from the discussion and action taken on New Plats Item "6." Commissioner Adame was requested to chair Item "6." Ms. Shelton read New Plats Item "6" into record as shown below. Ms. Shelton stated the applicant's representative submitted a letter of request to table action on the plat until the March 13, 2013 meeting. 0213017 -NP012 (13- 21000004) Moore Plaza Block1 Lots 24 & 25 Final — 11.459 Acres Located south of South Padre Island Drive (SH 358) and west of Blanche D Moore Drive. The public hearing was opened with no one coming forward and the public hearing was closed. Commissioner Adame called for a motion. Motion to approve tabling action on New Plats Item "6" to the March 13, 2013 meeting was made by Commissioner Rock and seconded by Commissioner Hamilton. Motion passed with Chairman Nadkarni abstaining and Vice Chairman Ramirez absent. Ms. Shelton read New Plats Item "7" into record as shown below. Ms. Shelton stated the plat satisfied all requirements of the UDC and State Law and the Technical Review Committee recommended approval. 7 0213018 -NP013 (13- 21000005) Padre Island- Corpus Christi Island Fairway Estates, Lots 27C & 27D (Final — 198.47 Acres) Located west of South Padre Island Drive (PR 22) east of Whitecap Boulevard. The public hearing was opened with no one coming forward and the public hearing was closed. Chairman Nadkarni called for a motion. Motion to approve New Plats Item "7" was made by Commissioner Braselton and seconded by Commissioner Castillo. Motion passed with Vice Chairman Ramirez absent. Ms. Shelton read New Plats Item "8" into record as shown below. Ms. Shelton stated the plat satisfied all requirements of the UDC and State Law and the Technical Review Committee recommended approval. 0213019 -NP014 (13- 21000006) Lantana Industrial Area, Block 10, Lot 10 & Block 11, Lots 28A & 29 (Final — 4.405 Acres) Located west of Lantana Street and north of Lexington Boulevard. Planning commission Regular Meeting February 27, 2013 Page 4 IV. PUBLIC HEARING AGEND ITEMS — DISCUSSION AND POSSIBLE ACTION ON THE FOLLOWING ITEMS: New Plats — Item 8 (cont.) The public hearing was opened with no one coming forward and the public hearing was closed. Chairman Nadkarni called for a motion. Motion to approve New Plats Item "8" was made by Commissioner Adame and seconded by Commissioner Lippincott. Motion passed with Vice Chairman Ramirez absent. Ms. Shelton read New Plats Item "9" into record as shown below. Ms. Shelton stated the applicant's representative submitted a letter of request to table action on the plat until the March 13, 2013 meeting. 9 0213021 -NP015 (13- 21000007) Palms of Leopard Final — 8.212 Acres Located south of Leopard Street and east of Palm Drive. The public hearing was opened with no one coming forward and the public hearing was closed. Chairman Nadkarni called for a motion. Motion to approve tabling action on New Plats Item "9" until the March 13, 2013 meeting was made by Commissioner Castillo and seconded by Commissioner Guerra. Motion passed with Vice Chairman Ramirez absent Time Extension Ms. Shelton read Time Extension Item "10" into record as shown below. Ms. Shelton stated this was the first request for a six -month time extension for Item "10" and Staff recommended approval of the request. 10 0812086 -PO31 (12- 22000030) Incarnate Word Subdivision Lot 1 Final —15.00 Acres Located west of South Staples Street (FM 2444) and south of Lipes Boulevard. The public hearing was opened. Peggy Sumner, 211 Santa Barbara, Representative for the applicant, addressed the commission. Mr. Sumner stated the time extension was requested to allow additional time for the necessary contracts to be signed so that work can begin on the project. After a brief discussion, the public hearing was closed. Chairman Nadkarni called for a motion. Motion to approve a six -month time extension for Time Extension Item "10" was made by Commissioner Hamilton and seconded by Commissioner Guerra. Motion passed with Vice Chairman Ramirez absent. ORON11►Cc3 Continued Zoning Annika Gunning, Development Services, read Continued Zoning Item "11" into record as shown below. Ms. Gunning stated the zoning case was tabled at the December 5 and 19, 2012 meetings and the applicant's representative submitted a letter of request to table action on the zoning case until the March 27, 2013 meeting. Planning Commission Regular Meeting February 27, 2013 Page 5 IV. PUBLIC HEARING AGENDA ITEMS — DISCUSSION AND POSSIBLE ACTION ON THE FOLLOWING ITEMS: ZONING Continued Zoning - Item 11 (cont.) 11 Case No. 1212 -01 (12- 10000039) — Minerva V. Muro: A proposed change of zoning from the "RS -6" Single - Family 6 District to the "ON" Office District, resulting in a change of future land use form medium density residential to p rofessional office. Property described as Nemec, Block 2, Lot 5, located on the southwest corner of Nemec Street and Dodd Drive. Ms. Gunning stated Mr. Atnip, Representative for the applicant, wanted to table the case until after final City Council action was taken on the text amendment regarding specific uses allowed under "Special Permits." Ms. Gunning stated the first reading on the text amendment passed and the second reading is scheduled for March 19, 2013. The public hearing was opened with no coming forward and the public hearing was closed. Chairman Nadkarni called for a motion. Motion to approve tabling action on Continued Zoning Item "11" until the March 27, 2013 meeting was made by Commissioner Hamilton and seconded by Commissioner Guerra. Motion passed. New Zoning Ms. Gunning read New Zoning Item "12" into record as shown below. Ms. Gunning stated the subject property is located in the Southside Area Development Plan and is planned for low density residential uses. The requested zoning is consistent with the Future Land Use Plan and would be an extension to the Greenfields by the Bay Subdivision located west of the subject property. Several aerial views of the subject property were shown. 12 Case No. 0213 -03 (13- 1000004) — N.P. Homes, LLC: A change of zoning from the "FR" Farm Rural District to the "RS -6" Single - Family 6 District, not resulting in a chanae of future land use. Property described as Lot 1, Block 20, Rodd East, located along the south side of Wooldridge Road and approximately 510 feet east of Quebec Drive. Ms. Gunning stated the purpose of the zoning change is to allow construction of a residential subdivision consisting of 41 lots. Sixty -three (63) notices were mailed to property owners within the notification area and three were mailed to owners outside the notification area. Ms. Gunning continued two notices were received in opposition and Staff recommended approval of the zoning request. After Staffs presentation, the floor was opened for discussion and comments by commissioners. Commissioner Castillo asked if there were specific reasons the two property owners were opposed to the zoning change and Ms. Gunning stated one owner was concerned about potential drainage issues and the other owner did not want development located behind his home. The public hearing was opened. Gary Kelly, 7329 Montreal Circle, addressed the commission. Mr. Kelly stated his lot was located on the cul -de -sac and his property drains off onto the back of his property. Mr. Kelly stated work has already begun and construction is underway before the rezoning was approved. Mr. Kelly continued his major concern is with the increased drainage issues and possible flooding. Mr. Kelly voiced concern that if the drainage issues are not handled properly, the homeowners will ultimately bear the expense. Planning Commission Regular Meeting February 27, 2013 Page 6 IV. PUBLIC HEARING AGENDA ITEMS — DISCUSSION AND POSSIBLE ACTION ON THE FOLLOWING ITEMS: ZONING New Zoning — Item 12 (cont.) Commissioner Hamilton asked if the developers were building the streets and Mr. Saldana stated yes. Mr. Saldana continued the developers were constructing them at their own risk with the intent that the project would be at 75 percent completion so the final plat can be recorded. After all discussion and comments concluded, the public hearing was closed. Chairman Nadkarni called for a motion. Motion to approve a change of zoning from the "FR" Farm Rural District to the "RS -6" Single - Family 6 District was made by Commissioner Braselton and seconded by Commissioner Hamilton. Motion passed with Vice Chairman Ramirez absent. Ms. Gunning read New Zoning Item "13" into record as shown below. Ms. Gunning stated the subject property was located in the South Central Area Development Plan and is planned for commercial uses. The requested change of zoning to "Cl" Intensive Commercial District is consistent with the adopted Future Land Use Plan. Several aerial views of the subject property were shown. 13 Case No. 0213 -04 (13- 1000005) — TR Inscore, LLC: A change of zoning from the "CR -1" Resort Commercial District to the "Cl" Intensive Commercial District, not resulting in a change of future land use. Property described as being a 0.50 -acre tract of land out of Block 4, South Water Beach Addition, located on the west side of South Shoreline Boulevard between Broadway Court and Born Street. Ms. Gunning stated the purpose of the zoning change is to allow construction of an apartment complex with no required setbacks. Ms. Gunning provided a summary of the applicant's development plan which proposed the acreage being rezoned to be extended along Shoreline Boulevard from Born Street to Broadway Court. The proposed 160 -unit apartment complex will use the decreased setbacks allowed in the "Cl" Intensive Commercial District. Ms. Gunning continued that if the rezoning is approved, the property will have to be re- platted to reduce the yard requirement since the existing plat shows 20 feet along South Shoreline Boulevard. Ms. Gunning stated eight (8) notices were mailed to property owners within the notification area and two were mailed outside the area and Staff recommended approval of the requested zoning change. After Staff's presentation, the floor was opened for discussion and comments by commissioners. After a brief discussion, the public hearing was opened. George Clower, 415 Starr Street, Representative for the buyer, addressed the commission. Mr. Clower stated he was at tonight's meeting to answer any questions commissioners might have regarding the project. There being no further discussion or comments, the public hearing was closed. Chairman Nadkarni called for a motion. Motion to approve a change of zoning from the "CR -1" Resort Commercial District to the "Cl" Intensive Commercial District was made by Commissioner Hamilton and seconded by Commissioner Guerra. Motion passed with Vice Chairman Ramirez absent. Planning Commission Regular Meeting February 27, 2013 Page 7 IV. PUBLIC HEARING AGENDA ITEMS -- DISCUSSION AND POSSIBLE ACTION ON THE FOLLOWING ITEMS: ZONING Ordinance Amendment 14 Ordinance amending the South Central Area Development Plan, an Element of the Comprehensive Plan of the City of Corpus Christi, updating the goals and policies of the plan and providing new measureable strategies; updating the Future Land Use Map Lisa Wargo, Senior Planner, Planning and Environmental Services, addressed the commission. Ms. Wargo stated this item was presented at the previous meeting as a presentation. Ms. Wargo gave a brief recap of the updates to the plan. Ms. Wargo stated it is the goal of City Staff and the stakeholders to provide policy statements and measurable strategies to implement and realize what the area could become within the next five to ten years. After Staff's presentation concluded, the floor was opened for comments and discussion by commissioners. Chairman Nadkarni requested Staff to remove Commissioner Gabriel Guerra as the Interim Vice Chairman and add Commissioner Philip Ramirez as Vice Chairman. The public hearing was opened with no one coming forward and the public hearing was closed. Chairman Nadkarni called for a motion. Motion to approve the proposed amendments to the South Central Area Development Plan presented by Staff was made by Commissioner Rock and seconded by Commissioner Hamilton. Motion passed with Vice Chairman Ramirez absent. Continued Text Amendment 15 Proposed Amendment to the Urban Transportation Plan by Removing the Proposed Extension of Williams Drive as a C -2 Collector with 65 feet of the Right -of -way, Two Lanes, a Center Turn Lane located between Ennis Joslin and Paul Jones Mr. Saldana stated the applicant submitted in writing to withdraw his request to amend the urban Transportation Plan and no commission action is required. V. PRESENTATION ON AMENDING THE UNIFIED DEVELOPMENT CODE TO ADD THE REQUIREMENTS AND ENFORCEMENT OF MODEL SUBDIVISION RULES TO PLATS AND SUBDIVISOINS OF LANDS WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY Mr. Saldana gave a brief presentation on the proposed amendment. Mr. Saldana stated the proposed amendment added requirements and enforcement of the Model Subdivision Rules for plats and subdivision of land within the Extraterritorial jurisdiction. Mr. Saldal)a continued that the proposed amendment would also ensure that water and wastewater services are provided for those properties within the jurisdiction of Nueces County. After Staff's presentation, the floor was opened for discussion and comments by commissioners. Commissioner Hamilton asked what size lots would be covered and Mr. Saldana stated the lots can be up to 5,000 square feet, but the amendment applied to properties that were ten (10) acres or less. Mr. Saldana state this item would be brought back to the commission for action at the March 13, 2013 meeting. Planning Commission Regular Meeting February 27, 2013 Page V1. DIRECTOR'S REPORT There were no items to report. VU. ITEMS TQBE SCHEDULED 0N THE NEXT AGENDA Commissioner Hamilton asked if the process has been implemented that Staff was working on to expedite the platting process. Mr. Saidana stated that the process has not been finalized, but steps have been taken which will help the process. Mr. Saldal)a briefly discussed how the "minor plat" has been implemented for those plats combining lots and moving lot lines and property boundaries. Mr. Se|daOa stated Staff has been working with engineers in trying to get them to submit their construction plans at the same time as the plat, yWc 8a|dehm continued that by the time the plat went the system, the public improvements would bo8f75 percent completion; whereby the final plat can barecorded. Commissioner Bnase|0on stated that one of the problems that can be encountered with submitting plans at the front end xvom|d be the added cost ufhaving them designed at the same time as the plat submittal. Commissioner Bnoaa|ton continued that in all of the changes tothe process, the cost has tu also be coOs|de[ed. After further discussion, Do action was taken. VU|' ADJOURNMENT There being no further business, motion to adjourn was made by Commissioner Hamilton and seconded by Commissioner Guerra. Motion passed with Vice Chairman Ramirez absent and the meeting adjourned at0:1bp.m. WMAN N1&rkE- Van Vleok. P.E., Director Development Services Department Secretary to Planning Commission Linda illiams Devi =ent Services Departmen Recording Secretary (K'u^VSv,s\mmxmun.pmu mmin"momoc 13pomtg) t P� t � � � b � �[ � �� ,� � ,5 y '�: j �fi 4} ,1+>5 ai - g. f Zk y O tt r rr N u Yll i S f " �. �, , �'b p�tr f;"s:�,�.'J r a 3 f g, 5 .} py r� yi ` per �i,�{''i' y i' r. eJ A n Avg I$ / `d 4 �" o ,tea; hJ r k� } i I i 5 Pte' r� } �Ur ga � Rg # � n gild. r jam 7 r' Z t 1� r Lt.§ 17 I I n0 L t i I� a iia .x�`^ 1 • r . w_ t ' I ° S . a ! t w z Jp n r L I AGENDA MEMORANDUM First Reading Ordinance the City Council Meeting of April 30, 2013 ublic Hearina/Second Readina Ordinance for the Citv Council Meetino of Mav 14. 2013 FROM: Roland Moweelol/e- (361) 882-7448 rcmower@ccredc.com First Reading Ordinanca Designating voestalpine Reinvestment Zone Ify-J21 R13 L , I pp;roving an ord nance designating the voestalpin!e Reinvestment Zone, within the City of Corp Christi, Texas and within the City's extra territorial jurisdiction, under the Texas Property Redevelopment and Tax Abatement Act (the "Act"),(Chapter 312 of the Texas Tax Code) PUT,POSE: To designate the voestalpine Reinvestmenf within the City of Corpus Christi, Texas and within the extra territorial jurisdiction, under the Act, thus allowing projects in that area to be eligibl-. for certain economic incentives by other taxing entities BACKGROUND AND FINDINGS- voestalpine has announced that they will build an iron reduction plant on the site known as La Quinta. La Quinta is located on Port of Corpus Christi and has been discussed as a future site for development. No development has occurred to date. This ordinance will allow projects on that sita. to be eligible for certain economic development incentives from taxing entities. The voestalpine project will be on the La Quinta site but also extend from the water's edge into Nueces Bay. Since these docks will extend into the city limits of Corpus Christi and be in both San Patricio and in Nueces County, the only entity that can establish a reinvestment zone over the entire site is the City of Corpus Christi. A city can establish reinvestment zones within its city limits and inside of its extra territorial jurisdiction. A reinvestment zone will be in effect for five years unless it is renewed by the City. Any agreements based on a reinvestment zone can extend beyond the five years. ALTERNATIVES: There are no other alternatives. The City is the only taxing entity that has jurisdiction over the entire cite. n Operating Ej Revenue Capital R Not appficable Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Bud et Encumbered I Expended Amount This item BALANCE 9M M, Page 1 of 7 Ordinance Designating the "voestalpine Reinvestment Zone" within the extra territorial jurisdiction of the City of Corpus Christi, Texas ( "City ") and within the City limits under the Property Redevelopment and Tax Abatement Act (Chapter 312 of the Texas Tax Code). Whereas, the Texas Property Redevelopment and Tax Abatement Act (the "Act "), Texas Tax Code, Chapter 312, as amended, authorizes the City Council of the City of Corpus Christi to designate a zone within the City limits and /or within the City's extra territorial jurisdiction for property tax abatement under the Act; and Whereas, it is the policy of the City to encourage the redevelopment of areas wherein the creation and retention of new jobs and investment will benefit the area economy, provide needed economic opportunities, strengthen the real estate market, and generate tax revenues to support local services; and Whereas, voestalpine Texas, LLC ( "voestalpine ") has requested that the City designate as a reinvestment zone the site within the City's extra territorial jurisdiction and within the City limits on which voestalpine plans to make an investment to construct improvements ( "the voestalpine site "), which site is more particularly described on Exhibit A attached hereto; and Whereas, the voestalpine site meets the criteria for a reinvestment zone as stated in Section 312.202 of the Act; and Whereas, on Friday, May 3, 2013, notice of a public hearing on the designation of the voestalpine Reinvestment Zone was published in a newspaper of general circulation in the City of Corpus Christi, and on Friday, May 3, 2013, notice was given by U.S. Mail, certified, postage prepaid, return receipt requested, to the presiding officer of the governing body of each taxing unit including property in the proposed Zone in accordance with the Act; and Whereas, the City Council of the City of Corpus Christi conducted a public hearing on Tuesday, May 14, 2013, at which all interested persons were entitled to speak and present evidence for or against the designation of the Zone for temporary property tax abatement. Now, therefore, be it resolved and ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. Creation of Zone: The City of Corpus Christi finds and determines that the voestalpine site within the City's extra territorial jurisdiction and within the City limits meets the criteria to be designated as a reinvestment zone stated in Section 312.202 of the Act and is reasonably likely, as a result of the designation, to contribute to the expansion of primary employment and will attract major investment in the Zone that would be a benefit to the property and would contribute to the economic development of the City, and that this area should be designated as the voestalpine Reinvestment 101V Q 1►rG 1► NIMIFN] X. 1rG 1Ia101M:»1►DU61rdd:1011 Me] 01MEa P-15 F-1 Page 2 of 7 Zone. The location and boundaries of the Zone are more particularly described on Exhibit A attached hereto and incorporated by reference herein. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2013 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2013 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of , 2013. ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor 101U Q 1►rG 1► NIMIFN] X. 1rG 1Ia101M:»1►DU61rdd:1011 Me] ► IM a P-15 F-1 Page 3 of 7 Exhibit A Property Description Voestalpine Reinvestment Zone Metes and Bounds Legal Description of the 475.52 -Acre Plant Site FIELD NOTES to describe the boundary of a 475.52 -acre tract of land out of a called 930.28 -acre tract known as Tract II in "Exhibit A ", said 930.28 -acre tract being a portion of a called 1089.34 -acre tract described in a deed to the Port of Corpus Christi Authority of Nueces County, Texas as recorded in Document No. 1998005467, Official Records, Nueces County, Texas and being out of a called 2496.66 -acre tract as recorded in Volume 458, Page 469, Deed Records, San Patricio County, Texas also being out of portions of the T.T. Williamson Surveys, Abstract 286, Abstract 287, Abstract 288, and Abstract 289, and the J. Gerraghty Survey, Abstract 139, all being in San Patricio County, Texas, said 475.52 -acre tract being more particularly described by metes and bounds as follows; COMMENCING at a 1" iron pipe found on the north line of said 930.28 -acre tract for the southwest corner of Tract III in "Exhibit A" of said 1089.34 -acre tract and for an interior corner of said 1089.34 -acre tract, said 1" iron pipe having Texas State Plane Coordinates of X= 1377726.63 and Y= 17220150.79, thence South 49 0 45'13" West a distance of 161.84 feet to a 5/8" iron rod with red plastic cap stamped "HYDRO EX SURVEYING" set for the POINT OF BEGINNING; THENCE South 17 0 44'36" East, being 250 feet west and parallel to the east line of said 1089.34 -acre tract, a distance of 5,516.07 feet to a 5/8" iron rod with said red plastic cap set for an exterior corner of the herein described tract; THENCE South 52 0 16'42" West, a distance of 186.27 feet to a 5/8" iron rod with said red plastic cap set for an interior corner of the herein described tract; THENCE South 17 0 44'44" East, being 425 feet west and parallel to the east line of said 1089.34 -acre tract, a distance of 1,454.17 feet to a 5/8" iron rod with said red plastic cap set for an exterior corner of the herein described tract; THENCE South 05 0 00'40" East, a distance of 2,033.63 feet to a 5/8" iron rod with said red plastic cap set for the southeast corner of the herein described tract; THENCE South 78 0 20'12" West, a distance of 198.27 feet to a 5/8" iron rod with said red plastic cap set for an exterior corner of the herein described tract; THENCE North 07 0 29'58" West, a distance of 1,748.16 feet to a 5/8" iron rod with said red plastic cap set for an interior corner of the herein described tract; THENCE South 78 0 19'34" West, a distance of 2,910.34 feet to a 5/8" iron rod with said red plastic cap set for the southwest corner of the herein described tract; Page 4 of 7 THENCE North 01 0 15'10" West, being approximately 470 feet east and parallel to the east toe of levee recognized as D.M.P.A. No. 14, a distance of 967.53 feet to a 5/8" iron rod with said red plastic cap set for an interior corner of the herein described tract; THENCE South 73 0 03'57" West, a distance of 181.77 feet to a 5/8" iron rod with said red plastic cap set for an exterior corner of the herein described tract; THENCE North 01 West, being approximately 295 feet east and parallel to the east toe of levee recognized as D.M.P.A. No. 14, a distance of 3,882.65 feet to a 5/8" iron rod with said red plastic cap set for a corner, the P.C. of curve for an interior corner of the herein described tract; THENCE in a Northwesterly direction, with the arc of said circular curve to the left, whose Central Angle is 60 0 42'34 ", whose Radius is 1,627.00 feet, and Arc Distance of 1,723.94 feet to a 5/8" iron rod with said red plastic cap set for a corner, the P.T. of said curve, for an exterior corner of the tract herein described; THENCE North 09 0 28'59" East, being 100 feet east and parallel to the west line of said 930.28 -acre tract, a distance of 2,181.12 feet to a 5/8" iron rod with said red plastic cap set for the northwest corner of the herein described tract; THENCE South 70 0 28'50" East, being 140' south and parallel to the north line of said 930.28 -acre tract, a distance of 2,016.12 feet to a 5/8" iron rod with said red plastic cap set for the northeast corner of the herein described tract and the POINT OF BEGINNING, CONTAINING within these metes and bounds 475.52 acres (20,713,669 square feet) of land, more or less. East Dock Metes and Bounds 6.0620 -Acre Tract "EAST DOCK SITE" FIELD NOTES to describe an exhibit of a 6.0620 -acre tract of submerged lands herein referred to as the "East Dock Site" being a portion of a called 930.28 -acre tract known as Tract II and a portion of a called 21.98 -acre tract known as Tract IV - Submerged Tract, both in "Exhibit A" of a called 1089.34 -acre tract described in a deed to the Port of Corpus Christi Authority of Nueces County, Texas as recorded in Document No. 1998005467, Official Records, Nueces County, Texas and being out of a called 2496.66 acre tract as recorded in Volume 458, Page 469, Deed Records, San Patricio County, Texas also being out of a portion of the T.T. Williamson Survey, Abstract 288, in San Patricio County, Texas and the State of Texas Submerged Land Tracts, Tract I, in Nueces County, Texas, said 6.0620 -acre tract being more particularly described by metes and bounds as follows; Page 5 of 7 COMMENCING at a brass disk set in concrete known as a United States National Geodetic Survey monument marked "Quintana 1933 ", said monument having Texas State Plane Coordinates of X= 1377525.05 and Y= 17211356.21, thence South 86 0 23'30" East a distance of 2,042.49 feet to a 518" iron rod found for an exterior corner of a 475 .52 acre tract of land recently surveyed and monumented in November 2012 within the limits of said 1089.34 acre tract for an exterior corner of the 6.0620 -acre tract herein described for the POINT OF BEGINNING; THENCE North 78 0 20'12" East, along the south line of said 475.52 -acre tract, a distance of 198.27 feet to a 518" iron rod found for an exterior corner of said 475.52 -acre tract and for an exterior corner of the herein described tract; THENCE South 11 0 39'48" East, a distance of 165.33 feet to a point for an interior corner of the herein described tract; THENCE North 78 0 20'12" East, a distance of 68.77 feet to a point for the northwest corner of a called 58.07 -acre tract of submerged lands known as Tract I, Parcel 6 described in a deed to BPU Reynolds, Inc. as recorded in Document No. 2001000017, Deed Records, Nueces County, Texas for the northeast corner of the herein described tract; THENCE South 07 0 00'40" East, along the west line of said 58 .07 -acre tract, a distance of 260.60 feet to a point for the southwest corner of said 58.07 -acre tract, for a bend point in the P.O.C.C.A. North Bulkhead Line, and for the southeast corner of the herein described tract; THENCE South 78 0 20'12" West, along said north bulkhead line, a distance of 1060.00 feet to a point for the southwest corner of the herein described tract; THENCE North II 0 39'48" West, a distance of 200.00 feet to a point for the northwest corner of the herein described tract; THENCE North 78 0 20'12" East, a distance of 797.71 feet to a point for an interior corner of the herein described tract; THENCE North 07 0 29'58" West, a distance of 225.67 feet to a 5/8" iron rod found for an exterior corner of said 475.52 -acre tract and for an exterior corner of the herein described tract and the POINT OF BEGINNING, CONTAINING within these metes and bounds 6.0620 acres (264,060 square feet) of land, more or less. West Dock Metes and Bounds 4.7291 -Acre Tract "WEST DOCK SITE" FIELD NOTES to describe an exhibit of a 4.7291 -acre tract of submerged lands herein referred to as the "West Dock Site" being a portion of a called 21.98 -acre tract known as Tract IV - Submerged Tract, in "Exhibit A" of a called 1089.34 -acre tract described in a deed to the Port of Corpus Christi Authority of Nueces County, Texas as recorded in 101V Q 101F- 1► NIMIFN] X. 1r- 1Ia101M:»1►DU61rdd:1011 Me] ► IM a P-15 F-1 Page 6 of 7 Document No. 1998005467, Official Records, Nueces County, Texas and being out of the State of Texas Submerged Land Tracts, Tract 1, in Nueces County, Texas, said 4.7291 acre tract being more particularly described by metes and bounds as follows; COMMENCING at a brass disk set in concrete known as a United States National Geodetic Survey monument marked "Quintana 1933 ", said monument having Texas State Plane Coordinates of X= 1377525.05 and Y= 17211356.21, thence South 68 0 14'28" East a distance of 1,385.35 feet to a point for the northwest corner of a called 6.0620 acre tract referred to as the "East Dock Site ", described by separate instrument, and for the northeast corner of the herein described tract for the POINT OF BEGINNING; THENCE South 11 0 39'48" East, along the common line of said 4.7291 -acre tract and the 6.0620 acre tract, a distance of 200.00 feet to a point on the P.O.C.C.A. North Bulkhead Line for the southwest corner of said 6.0620 -acre tract and for the southeast corner of the herein described tract; THENCE South 78 0 20'12" West, along said north bulkhead line, a distance of 1030.00 feet to a point for the southwest corner of the herein described tract; THENCE North 11 0 39'48" West, a distance of 200.00 feet to a point for the northwest corner of the herein described tract; THENCE North 78 0 20' 12" East, being 200 feet north and parallel to the north bulkhead line, a distance of 1030.00 feet to a point for the northwest corner of said 6.0620 acre tract and for the northeast corner of the herein described tract and the POINT OF BEGINNING, CONTAINING within 101V W 101F- 1► NIMIFN] X. 1r- 1Ia101M:»1►DU61rdd:1011 Me] ► IM a P-15 191 Page 7 of 7 Map voestalpine Reinvestment Zone / 1 j ORI P ILA NT 1 ( 34.095aj 1. RedL iGn ULP 2 Gas Treatment Unit 0 3- Reformer Unit 4. CO Removal Unit ® 5. 6. Water Supply and Treatment Unit 7. Auxiliaries Unit U 8. Buildings -- 6. Material Handling 10. DQek OtSCRI PTION: 1 OXIDE UNLOADING WHARF 2 OAI DETRANSFERTOWERI 3 OXIDE TRANSFER TOWER2 4 OXIDE DISTRIBUTION SYSTEM 5 OX I DE STORAGE 6 OXIDE DISCHARGING SYSTEM 7 OXIDE TRANS €ERTOWER3 8 OXTESUL ING STATION 9 nEER INGGXInE SCREENING 16 0 %I DEFIMESHANDLING 11 ORI UE TRAN5FER TOWER 4 12 OXIDE COATING PLANT 13 VAPOR RE.-AL FAN s STACK 14 REDUCTION FURNACE 15 TOPGASSCRUBBEF 16 PROCESS GASCOMPRESSORS 17 16 MA IN AND AUXILIARY BLW R NEAT REOOVERY SYSTEM 19 26 REFORMER BRiQU ETTE COOLI EYORS 21 HB9 EMERGENCY STORAGE YARD 22 PRO UUCTTRANSFERTOWERI 23 Mai STACKER 24 Hai STORAGE YARD 25 PM RECLAIMER 26 PRODUCTSCREENINGSTATKINt 27 PRODUCTTRANSFERTOMR2 28 PRODUCT FINES STORAGE 29 SPACE FOR FINES BRIQUETTING 38 PRO DUCT TRANSFER TOWER3 31 RBI LOADING 32 NATURAL GAS MEASU RING AND REDUCTION STATION 33 FLARE 34 AIR COMPRESSOR STATION BUILDING 35 DESELGENERATOR BUILDING 36 TRANSFORMER 37 MAIN SUBSTATION AND CONTROL BUILDING 38 SUE ATION MATERIALHANDLINGaUFLDING 3F SU a57 .. SEAPORT 6UILDWG 4D SEAWATER SUPPLY 41 RAWWATER TREATMENT 42 FIRE WATER RESERVOIR 43 WASTE WATER TREATMENT 44. CLARIFIER 45 COOLING TOWER 46 PUMP AREA 47 SETTUNGPCNnS 48 PROCESS CLASSIFIER 48 CHEMICAL AGENT STORAGE FACILITY BUILDING SO GATE HOUSE IKH DING 51 AUMINHSTRAUON BUILDING, FIRST AND STATION, BUILDING FOR TECHNOLOGICAL STAFF 52 E4,11PMENT STORAGE WAREHOUSE BUILDING, REFRAGTORYSTORAGE., OT AND LUBRICANT STORAGE., ENERGETIC WORKSHOP', HYDRAULIC AND MECHANICAL SERVICE SHOF 53 MOBILE EQUIPMENT FILLING& SERVICE STATION BUILDING 54 ANALYZER BUILDING 11 SPACE FOR WASTE NEAT RECOVERY 56 SEAL GAS COMPRESSOR 57 INERTGAS GENERATOR 56 BRIQUE17ERAN DBSGDEDUSTNG 59 F UE GAS HOT AN _ Sb - NATURAL GAS DISTRIBUTION -� 61 PURGE GAS TANKS 62 BLOWER AREA SUMP _ 63 SEAL GAS SUMP 64 PROCESE GAS RUST RUMINATOR PURGE 4ASCOMPRESSOR i 65 BUILDING ^.� 66 LABORATORY 67 062 REMOVAL GDPTIQNI 66 SPACE FOR CCCOMPRESSOR STATION 69 I HIS - RAILWAY LOADING STATION / 1 j (go et t7321fF(�B9 e Plant 1 ' MIDREX M1,1BUU0 {A3) Durstberger Robert)TSI,I 10 04 2013 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 30, 2013 Second Reading Ordinance for the City Council Meeting of May 14, 2013 DATE: 4/23/2013 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health AnnetteR@cctexas.com 361- 826 -7203 Farmer's Market Ordinance CAPTION Ordinance amending Chapter 19, Code of Ordinances, City of Corpus Christi, regarding farmer's markets and the accompanying vendor fee; providing for penalties; providing for severance; and providing for publication. PURPOSE: The Corpus Christi Nueces County Public Health District is proposing the adoption of new Section 19 -17, entitled "Farmer's Markets ", for the purpose of regulating certain goods and products, more specifically eggs, at Farmer's Markets. BACKGROUND AND FINDINGS Farmer's markets have quickly become a major sales outlet for many agricultural producers, at which fruit, vegetables, eggs and other goods and products are sold. By law, certain goods and products, such as eggs, are required to be regulated by local health authorities. As such the Corpus Christi Nueces County Public Health District, as the local health authority, has proposed the amendment to Chapter 19, Code of Ordinances, City of Corpus Christi regarding farmer's markets, including a permit fee and regulations regarding the handling, preparation and labeling of eggs. ALTERNATIVES No ordinance specific to farmer's markets or health district regulations specific to the sale of certain goods or products, such as eggs, sold at farmer's markets. Farmer's market activity would be regulated by Health District as a temporary event or restaurant establishment, or other activity as appropriate. Council may choose to approve ordinance, amended ordinance or disapprove. OTHER CONSIDERATIONS Not applicable CONFORMITY TO CITY POLICY Council approval required for acceptance of this ordinance. EMERGENCY / NON - EMERGENCY Non - Emergency DEPARTMENTAL CLEARANCES Corpus Christi - Nueces County Public Health District Legal FINANCIAL IMPACT ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: No matching funds required. RECOMMENDATION Staff recommends approval of this amended ordinance. LIST OF SUPPORTING DOCUMENTS Ordinance Amended Ordinance Ordinance amending Chapter 19, Code of Ordinances, City of Corpus Christi, regarding farmer's markets and the accompanying vendor fee; providing for penalties; providing for severance; and providing for publication. Whereas, farmer's markets have quickly become a major sales outlet for many agricultural producers, at which fruit, vegetables, eggs and other goods and products are sold; Whereas, by law certain goods and products are required to be regulated by local health authorities; Now therefore, be it ordained by the City Council of the City of Corpus Christi, Texas, that: Section 1. Chapter 19, Code of Ordinances, City of Corpus Christi, entitled, "Food and Food Establishments ", is amended by adding a new definition to Section 19 -1 to read as follows: "Sec. 19 -1. Definitions. "Critical violation means any four- or five -point violation as noted on an inspection report. " Farmer's Market means a market which has been certified by the Texas Department of Agriculture at which vendors are engaged in the retail sales of fresh fruit, vegetables, eggs and other items as are permitted by local, state and federal laws and regulations. Section 2. Chapter 19, Code of Ordinances, City of Corpus Christi, entitled, "Food and Food Establishments ", is amended by adding a new Section 19 -17 entitled "Farmer's Markets ", and redesignating the subsequent section numbers to read as follows: "Sec. 19 -16. Temporary food service establishments. " Sec. 19 -17. Farmer's Markets. "(a). A farmer's market shall be certified by the Texas Department of Agriculture and shall comply with all local, state and federal laws and regulations. "(b). It shall be unlawful for any farmer's market vendor or peddler to sell the goods or products listed at subsection (c) of this section without first obtaining an annual health permit in writing to do so from the health officer; and without complying with all of the requirements of this section as well as the applicable requirements of all the provisions of the city ordinances and Code. The permit fee for a farmer's market vendor or peddler operating under this section is fifty dollars ($50.00), which must be paid prior to the issuance of the required permit and will be valid for one (1) year ending December 31, unless sooner revoked or susaended due to violation. The aermit issued under this section is valid for the sale of the permitted good or product at multiple farmers' markets. " (c) In addition to obtaining a permit in accordance with the standards set out in subsection (b) of this section, a farmers market vendor or peddler engaged in the sale of the following goods or products shall comply with all provisions specific to the sale of said good or product, as follows: "(1) Eggs. A farmer, egg producer, peddler or vendor that sells eggs directly to the consumer at a farmer's market shall: " a. Label the eggs with the farmer's and /or egg producer's name and address and label the eggs as "ungraded "; " b. Provide the following statement on the label: SAFE HANDLING INSTRUCTIONS: To prevent illness from bacteria, keep eggs refrigerated, cook eggs until yolks are firm, and cook foods containing eggs thoroughly; " c. Maintain the eggs at an ambient air temperature of forty -five (45) degrees Fahrenheit or less, and prevent eggs from contacting ice or water; " d. Transport the eggs using any mode of transportation that is clean and free of material that may adulterate any food products; " e. Upon request of the health officer, provide proof of permit at all times in anv farmers market location. "(d) Compliance with the provisions of this section shall not be construed to authorize any activity in violation of any other ordinance of the city." "Sec. 19-1719 -18. Mobile and temporary fixed -site food establishments. "Sec. a9- 1 -19. Sale of food after warning from health officer. "Sec. 19- 19 -20. Interference with health officer. "Secs. 19-20 19- 21- 19 -27- Reserved." Section 3. Chapter 19, Code of Ordinances, City of Corpus Christi, entitled, "Food and Food Establishments ", is amended by adding a new fee to Section 19 -33 to read as follows: "Sec. 19 -33. - Issuance; fee. "(b) Prior to the issuance of a health permit, the applicant shall pay a fee according to the following schedule: "Food service or food processing establishments: "Having one hundred one (101) or more employees .....$780.00 "Having fifty -one (51) to one hundred (100) employees .....630.00 "Having twenty -six (26) to fifty (50) employees .....480.00 "Having ten (10) to twenty -five (25) employees .....330.00 "Having one (1) to nine (9) employees .....205.00 "Temporary food service establishments, initial day .....35.00 "Temporary food service establishments, each additional day .....15.00 "Temporary food service establishments, late fee, if application is not filed within five (5) days of an event .....70.00 "Retail food stores .....85.00 "Mobile units .....100.00 "Frozen desserts .....100.00 "Farmer's market aermit.....50.00 "Late fee .....25.00" Section 4. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable in accordance with Chapter 19, specifically Section 19 -58 and any other applicable provision of the Code of Ordinances, City of Corpus Christi. Section 5. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. Section 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2013 by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal Chad Magill Colleen McIntyre Lillian Riojas Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2013 by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary Chad Magill Colleen McIntyre Lillian Riojas Mark Scott day of 2013. Nelda Martinez Mayor a SC o° AGENDA MEMORANDUM NaRa ©aa First Reading for the City Council Meeting of April 23, 2013 ss Second Reading for the City Council Meeting of April 30, 2013 DATE: April 8, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 Execute Amendment No. 1 Technical Energy Audit to the Fixed Price Energy Performance Contract Design /Build Agreement Energy Efficiency Conservation Retrofit for Major City Facilities CAPTION Ordinance appropriating $40,389 from AEP Program Incentives in the No. 3160 City Hall CIP Fund for the Energy Efficiency Conservation Retrofit for Major City Facilities project; changing the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to increase revenues and expenditures by $40,389 each; and authorizing the City Manager, or designee, to execute Amendment No. 1 Technical Energy Audit to the Fixed Price Energy Performance Contract (Design /Build) with McKinstry Essention of Seattle, Washington for Energy Efficiency Conservation Retrofit for Major City Facilities in the amount of $125,000, for a total re- stated fee of $7,075,000. PURPOSE: The purpose of this Agenda Item is to execute Amendment No. 1 with McKinstry Essention for Energy Efficiency Conservation Retrofit for work associated with Phase 2 energy audit and retrofit assessment of major City Facilities. BACKGROUND AND FINDINGS Phase 2 requires the City to conduct energy audits and retrofits of selected Municipal Buildings and Selected Facilities and Infrastructure. This continues to be part of the $2,507,500.00 grant received from the Energy Efficiency and Conservation Block Grant Program. McKinstry Essention was selected to undertake an audit of City facilities based on the Request for Proposals released in November 2010 (RFP No. 2010 -06). City Council was given a presentation on April 19, 2011 regarding the contract with McKinstry Essention to proceed with a technical audit of City facilities, and the future Energy Performance Contract to retrofit major City facilities. That contract was a no -cost contract subject to the City entering the Energy Performance contract for facilities when the cost of the retrofit could be paid for with the realized energy savings. The facilities to be audited in Phase 2 include: • Gas Department • Water Utilities Department • Police Training Academy • Northwest Library • Frost Bank Building K: \ENGINEERING \LEGISTAR \2 -APRIL 23 \MCKINSTRY \AGENDA MEMO -TECHNICAL ENERGY AUDIT PHASE 2.DOCX • HEB Tennis Center • Fire Station No. 10 • Fire Station No. 3 The Energy Performance Contract represents a fixed price Design /Build contract. McKinstry Essention is acting as the design engineer and contractor. They have solicited proposals from sub - contractors for the electrical, mechanical, controls and other retrofits. McKinstry Essention functions as the general contractor. They supply the insurance certificates, payment and performance bond required for all construction projects. The detailed technical audit for the overall project revealed that significant energy savings could be achieved with a ten year payback of the retrofit costs. The savings were analyzed in terms of energy savings, and other operational maintenance reductions. The range of savings items include: • High efficiency hand dryers • Lighting improvements • Water conservation • Vending machine power management • HVAC equipment and controls systems upgrades The list includes equipment that is at the end of its service life that will require replacement, or system redesigns. Work being done in the Gas Department, Water Utilities Department, and Police Training require 8 -15 years to achieve payback through the energy and operational savings. The project will replace air conditioning units, installing programmable thermostats and redesigning existing air distribution systems. Water Conservation measures on all the listed facilities will provide an 8 -15 year payback. Retrofitting existing fixtures will save on water and sewer costs. ALTERNATIVES 1. Execute Amendment No. 1 with McKinstry Essention as proposed. 2. Do not execute Amendment No. 1 with McKinstry Essention as proposed. OTHER CONSIDERATIONS: The savings will be guaranteed by McKinstry as part of the Performance Contract. A performance audit will be conducted annually to verify the annual energy savings. McKinstry will pay the cost difference if projected savings are not realized based on Kwh usage. A total energy and operational savings of $782,722.00 annually is projected. It is anticipated that a future contract amendment (Energy Performance Contract) will be presented for City Council consideration should the Phase 2 audit identify retrofit opportunities that achieve significant energy savings. CONFORMITY TO CITY POLICY Amendment No. 1 complies with the Professional Procurement Act and City Policy EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES Affected Departments participated in the audit process, development of the project scopes, and concur with proceeding with the execution of Amendment No. 1. K: \ENGINEERING \LEGISTAR \2 -APRIL 23 \MCKINSTRY \AGENDA MEMO -TECHNICAL ENERGY AUDIT PHASE 2.DOCX FINANCIAL IMPACT ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2012-2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $7,392,041.93 $7,392,041.93 Ordinance 40,389.00 40,389.00 Subtotal $7,432,430.93 $7,432,430.93 Encumbered /Expended $7,280,397.99 $7,280,397.99 Amount This item $125,000.00 $125,000.00 Future Anticipated Expenditures This Project BALANCE $27,032.94 $27,032.94 Fund(s): City Hall CIP Fund Comments: Amendment No. 1 will result in the expenditure of an amount not to exceed $125,000. RECOMMENDATION City Staff recommends the approval of Amendment No. 1 with McKinstry Essention. LIST OF SUPPORTING DOCUMENTS Project Budget Location Map Amendment No. 1 Ordinance K: \ENGINEERING \LEGISTAR \2 -APRIL 23 \MCKINSTRY \AGENDA MEMO -TECHNICAL ENERGY AUDIT PHASE 2.DOCX D oerraxAL CITY OF CORPUS CHRISTI TECHNICAL ENERGY AUDIT & PROJECT PROPOSAL CONTRACT TABLE OF CONTENTS Technical Energy Audit and Project Proposal Contract Exhibit. A: Scope of Work Exhibit B: Notice of Acceptance of Technical Energy Audit Report Exhibit C: Elements to Include in Measurement and Verification Plan Exhibit D: Cost and Pricing Exhibit E: Mandatory Insurance Requirements, INDEMNIFICATION AND HOLD HARMLESS Page 'I of 29 TECHNICAL ENERGY AUDIT AND PROJECT PROPOSAL CONTRACT This Technical Energy Audit & Project Contract (the "Contract ") is made and into between McKinstry Essention, LLC ( "ESCO "), having its principal offices at 13465 Midway Road, Dallas, TX 75244, with local office at 555, N. Carancahua Street, Suite 860, Corpus Christi, TX 78401, and the City of Corpus Christi, a Texas home rule municipal corporation, hereinafter referred to as ( "City "), at 1201 Leopard Street, Corpus Christi, TX 78401. WITNESSETH WHEREAS, This Contract was created for use of the City to obtain a technical energy audit of several facilities from a private energy service company (ESCO). WHEREAS, Authority exists for the City to enter into this contract; and the required approval, clearance and coordination have been accomplished from and with appropriate departments. WHEREAS, ESCO is a company with experience and technical and management capabilities to provide for the discovery, engineering, procurement, installation, financing, savings guarantee, maintenance and monitoring of energy and water saving measures at facilities similar in size, function and system type to City's facilities; and WHEREAS, ESCO has submitted a Proposal, in response to City's Request for Proposals (RFP), pertaining to the discovery, engineering, procurement, installation, financing, savings guarantee, maintenance and monitoring of energy and water saving measures at City's facilities; and WHEREAS, City has selected ESCO to provide the services described herein; and WHEREAS, City desires to enter into a Contract to have ESCO perform a Technical Energy Audit and Project Proposal to determine the feasibility of entering into an Energy Performance Contract to provide for installation and implementation of energy and water saving measures at City's facilities. WHEREAS, if energy and water saving measures are determined to be feasible, and if the amount of savings can be reasonably sufficient to cover all costs, as defined by the City, associated with an energy performance contracting project, the parties intend to negotiate an Energy Performance Contract under which the ESCO will design, procure, install, implement, maintain and monitor such energy and water saving measures. However, this intent does not commit City to entering into such Energy Performance Contract. Page 2 of 29 THEREFORE, the parties agree as follows: I.. Technical Energy Audit and Project Proposal Contract ESCO agrees to perform a Technical Energy Audit in accordance with the Scope of Work final report within 90 calendar days from the execution of this Contract. .City agrees to assist the ESCO in performing the Technical Energy Audit in accordance with the Scope of Work described below. City agrees to work diligently to provide full and accurate information. ESCO agrees to work diligently to assess validity of information provided and to confirm or correct the information as needed. The parties contemplate that this will be an iterative process and that City will have a reasonable amount of time to review and determine acceptance, which is anticipated to not exceed 30 days, before issuing the Notice of Acceptance (Exhibit 8), ESCO agrees to offer an Energy Performance Contract Proposal with a package of energy and water saving measures and with details as specified in the Scope of Work below. 2. Compensation to ESCO ESCO shall be compensated as follows; Payment through Performance Contract. City shall have no payment obligations under this contract provided that ESCO and City execute an Energy Performance Contract within 60 calendar days after issuance of the Notice of Acceptance (Exhibit B) of the final Technical Energy Audit and Project Proposal Contract, but the. fee indicated above shall be incorporated into ESCO's project costs in the Energy Performance Contract and paid through the Energy Performance Contract funding mechanisms. Project With Insufficient Savings. City shall have no payment obligations under this Contract in the event that ESCO's final Technical Energy Audit and Project Proposal Contract does not contain a package of energy and water saving measures which, if implemented and as meeting terms of Exhibit A: Scope of Work, (b) Guidelines and Requirements, will provide the City with cash savings sufficient to fund City's payments of all costs and fees associated with the Energy Performance Contract, including 1) the fee associated with the Technical Energy Audit, 2) all monthly payments on a lease purchase agreement to finance the measures, 3) any annual fees for monitoring and maintenance incurred by the ESCO. Should the ESCO determine at any time during the Technical Energy Audit that savings cahnot be attained to meet these 'term s, the Technical Energy Audit will be terminated by written notice by the ESCO to City. In this event this Contract shall be cancelled and City shall have no obligation to pay, in whole or'in part, the amount specified in Exhibit D. or would be contemplated by the execution of a project proposal contract (Exhibit D). Page 3 of 29 3. Scope of Work The Technical Energy Audit and Energy Performance Proposal Contract shall be performed as described in Exhibit A: Scope of Work. This Contract may be terminated at any time as described below by: a. Termination for Default/Cause 1) Default. If the ESCO refuses or fails to timely perform any of the provisions of this contract with such diligence as will ensure its completion. within the time specified in this contract, the City may notify the ESCO in writing of the non - performance, and if not promptly corrected within the time specified, the City may terminate the ESCO's right to proceed with. the contract or such part of the contract as to which there has been delay -or a failure to properly perform. The ESCO shall continue performance of the contract to the extent it is not terminated and shall be liable for excess costs incurred in procuring similar goods or services. elsewhere. 2) ESCO's Duties Notwithstanding termination of the contract and subject to any directions from the City, the ESCO shall take timely, reasonable and necessary action to protect and preserve property in the possession of the ESCO in which the City has an interest. 3) Compensation Payment for completed services delivered and accepted by City shall be according to the Performance Contract. The City (purchasing institution) may withhold amounts due to the ESCO as the City deems to be necessary to protect the City (purchasing institution) against loss because of outstanding liens or claims of former lien holders and to reimburse the City for the excess costs incurred in procuring similar goods and services. 4) Excuse for Nonperformance or Delayed Performance The ESCO shall not be in default by reason of any failure in performance of this contract in accordance with its terms if such failure arlses out of acts of God; acts of the public enemy; acts of the State and any governmental entity in its sovereign or contractual. capacity; fires; floods; epidemics; quarantine restrictions, strikes or other labor disputes; freight embargoes; or unusually severe weather. Upon request of the ESCO, the .City shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, the ESCO's progress and performance would have Met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the City. Erroneous Termination for Default If after notice of termination of the ESCO's right to proceed under the provisions of this clause, it is determined for any reason that the ESCO was not in default under the provisions of this clause, or that the delay was excusable the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the termination for convenience clause. Page 4 of 29 b. Termination for.Convenlence 1) Termination The City.may, when the interests of the City so require, terminate this contract in whole or in part, for the convenience of the City. The City shall give written notice of the termination to the ESCO specifying the part of the contract terminated and when contract by exercise of the Termination for Convenience Clause. 2) ESCO's Obligations The ESCO shall incur no further obligations in connection with the terminated work and on the date .set in the notice of termination the ESCO will stop work to the extent specified The ESCO shall also terminate outstanding orders and subcontracts as they relate to the terminated work. The ESCO shall settle the liabilities and claims arising out of the termination. of subcontracts and orders connected with the terminated work. The City may direct the.ESCO to assign the ESCO's right, title, and interest under terminated orders or subcontracts to the City. The ESCO must still complete and deliver to the City purchasing institution the work not terminated by the Notice of Termination and may incur obligations as are necessary to do so. 3) Compensation a) The ESCO shall submit a termination claim specifying the amounts due because of the termination for convenience together with cost or pricing data bearing on such claim. if the ESCO fails to file a termination claim within 90 days from the effective date of termination, the City may pay the ESCO, if at all, an amount set in accordance with subparagraph C of this Section. b) The City and the ESCO may agree to a settlement provided the ESCO has filed a termination claim supported by cost or pricing data and that the settlement does not exceed the total contract price, reduced by payments previously made by the City the proceeds of any sales of supplies and manufactured materials made under agreement, and the contract price of the work not terminated. c) Absent . complete agreement, under subparagraph B of this Section, the City shall pay the ESCO the following amounts, provided the payments agreed to under subparagraph B shall not duplicate payments under this subparagraph: (1) Contract. prices for supplies or services accepted under the contract; (2) Reasonable costs for actual work completed prior to termination as described in Exhibit D. (3) The total sum to be paid the ESCO under this subparagraph C shall not exceed the total contract price, reduced by the amount of payments otherwise made, the proceeds of any sales of supplies and materials under subparagraph B, and the contract price of work not terminated. d) Cost claimed or agreed to under this section shall be in accordance with applicable sections of the laws of the State of Texas, including procurement laws .under the Texas Local Government Code c. Available Funds — Contingency - Remedies The City is prohibited by law from making fiscal commitments beyond the term of its current fiscal period. Therefore, ESCO's. compensation is contingent upon the continuing availability of City'appropriations. Payments pursuant to this contract shall only be made from available funds encumbered for this Contract, and the City's liability for such payments shall be limited to the amount remaining of such encumbered funds. If City or federal funds are not appropriated, or otherwise become unavailable to fund this Contract, the City may immediately terminate the Contract in whole or in part without further liability in accordance with tho Termination for Cause Page 5 of 29 subsection of the Remedies section of this Contract. All payments are subject to the general Remedies section of this Contract d. At any as described in Section 2.b above, Before commencing any Work under this Contract, ESCO shall file with City certificates of insurance evidencing the coverages as specified below and adhere to the requirements in Exhibit E , Mandatory Insurance Requirements: a. It is agreed and understood ESCO shall maintain in full force and effect adequate commercial general liability insurance and property damage insurance, as well as workmen's compensation and employer's liability insurance pursuant to the State insurance requirements as defined below. b. The ESCO shall obtain, and maintain at all times during the term of this Agreement, Insurance in the fallowing kinds and amounts. 1} Standard Workers' Compensation which complies with the Texas Workers Compensation Act, and Employer's Liability as required by State statute, including occupational disease, covering all employees at the work site. 2) General Liability (minimum coverage) 1) Combined single limit of $2,000,000 written on an occurrence basis, 2) The . 1ESCO must purchase additional insurance if claims reduce the annual aggregate below $2,000,000. 3) Automobile Liability (minimum coverage) in the amount of $1,000,000 combined single limit 4) Excess Liability in the amount of $1,000,000 combined single limit. 5) The City shall be named as an ' additional insured on each commercial general liability policy. 6) The insurance shall include provisions preventing cancellation without 30 calendar days prior written notice, by certified mail to the Principal Representative 7) E$CO shall be responsible for all claims, damages, losses or expenses, including attorney's fees, arising out of or resulting from the performance of the Services contemplated in this Contract, provided that any such claim, damage, loss or expense is caused by any negligent act, error or omission of ESCO, any Consultant or associate thereof, or anyone directly or indirectly employed by ESCO. ESCO shall submit a Certificate of insurance at the signing of this Contract and also any notices of Renewal of said Policy as they occur. 6. Energy Performance Contract. The Parties intend to negotiate an Energy Performance Contract under which the ESCO will design, install and implement energy and water saving measures which the Parties have agreed Page 6 of 29 to and provide certain maintenance and .monitoring services, However, nothing in this Contract . should be construed as an obligation on any of the Parties to execute such a contract, The terms and provisions of such an Energy Performance 'Contract will .be set forth in a separate contract, 7. Extent of Agreement This Contract represents the entire and integrated agreement between City and ESCO and supersedes all prior negotiations, representations or agreement, either written or oral. This Contract may be amended only by written instrument signed by the City. The'City and. ESCO understand and agree the attachment and exhibits hereto are and shall be an integral part of this Contract and the terms and provisions thereof are hereby incorporated, made a part of and shall supplement those recited herein. The terms and provisions of RI=P NO, 20.16 -06 Request for Qualifications /Proposals for Energy Performance Contracting Services for the City of Corpus Christi, Issued Nov 8, 2010, and ESCO's proposal submitted in response to same, are hereby incorporated and made a part of this contract. In the event of any conflict, or variance, the terms and provisions of this printed Agreement shall supersede., govern and control. Except for work described. by the Contract (Amendment No.1), the work provided by the initial Fixed Priced Energy Performance Contract DesignlBuild Agreement will be accepted and closed out including final billing and retention for the initial designed and installed work by letter from the City's Representative (as defined in Article 12(M) of the contract for the initial Fixed Prices Energy Performance Contract). Page 7 of 29 8. . Term The term of this Contract will become effective upon approval by the City and acceptance by the ESCOs Principal Representative. The term shall end 30 days after signing of the Energy Performance Contract by the City and the ESCO's Principal Representative or termination in 9. Order of Precedence In the. event of conflict or inconsistency between this contract and its exhibits or attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: Contract general terms and condition_ s Other exhibits or attachments THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT IN WITNESS WHEREOF, and intending to be legally bound, the parties hereto subscribe their names. to this Contract on the date first written above. City of Corpus Christi McKinstry Essention LLC t I. Z /1- 7l l3 Qscar R, Martinez (Date) Assistant City Manager Recommended Daniel Biles, P.E., (Date) Director of Engineering Services Josel1h Hagar,. Director of Finance 5005 Third Avenue South Seattle, WA, 98134 (206) 762-3311 Phone (206) 762 -2624 Fax corporateoffice @mckinstry.com ATTEST: .Armando Chapa, City Secretary Page 8 of 29 EXHIBIT A Scope of Work a. Process This will be an Interactive approach in working with City, following these steps: Preliminary Assessment of Technical and Economic bleeds and Opportunities a) Meet with City to establish + Energy Efficiency and Conservaton Committee consisting of 2 City Council Representatives, City Manager, Assistant City Manager, f=inance Manager, City Engineer, Facilities Management, Street Light Management • Establish communication protocols • Establish issue resolution process • - Establish peer to peer relationship matrix • - Review City Council briefing process • Establish tennative City Coucif presentation dates • Review and establish schedule to develop and present the financial plan that vyrill support the Implementation of this project • Establish recurring review meeting dates for the Energy Efficiency and Conservation Committee to occur before City Council briefing. b) Meet with City's key stake holders to establish interests, plans, problems, etc. related to facilities and operation of facilities. c) Collect financial data and background to establish the funding model for the energy savings performance contract. d) "Collect administrative data concerning current plans and strategies to implement "green" and energy related strategies within the City. e) Collect data and background information on buildings, equipment and facilities operation f) Perform a preliminary walk- through of facilities and interview staff and occupants to identify potential measures g) Meet with City to present prelminary findings and establish agreement on measures to analyze 2) Preliminary Analysis of Measures a) Establish base year consumption and reconcile with end -use consumption estimates b) Conduct a preliminary analysis of potential measures c) Meet with City to present preliminary findings and establish agreement on measures to further analyze 3) Further Analysis and Audit Report a) Further analyze measures b) Develop a draft Technical Energy Audit Report c) Meet with City to present results d) Prepare final Technical Energy Audit Report Page 9 of 29 4.) ;Energy Performance Contract Proposal a) Develop energy performance contract proposal .b) Meet with City to present results and negotiate final terms 1) Energy Performance Contract Term. The Energy Performance Contract Term shall have a term no greater than twenty (20) years and no greater than the cost-weighted average lifetime of the equipment. A typical term is 10 -17 Years and is governed by financing availability, longevity of installed measures, and ability for savings to allow a cash -flow to pay for the desired scope of projects, City's goal. is fora term no greater than fifteen (17) years. 2) Annual Guaranteed Energy and Cost Savings. The annual guarantee. is 'required for the entire financing term; however City has the option to terminate the guarantee at any time after the first three years of the contract term provided the annual guaranteed energy and cost savings were achieved each prior year. The guarantee Is based on cost savings attributable to all energy saving measures, and must equal or exceed all project costs each year during the contract period. .Annual project costs include debt service, Contractor fees., maintenance services, monitoring services, and other services. 3) ESCO to provide assistance to the City in the procurement and selection of the independent third -party professional to review the ESCO's measurement and verification reports. 4) Excess Savings. Annual cost savings beyond the guaranteed minimum savings will be retained by City, and will not be allocated to shortfalls in other years. 5) Annual Savings Estimates: The annual savings estimates for all measures must be estimated for each year during the contract period. 6) Allowable cost and savings factors approved for consideration: City will provide ESCO with sufficient guidance to develop savings estimates. a) Payment sources that can be incorporated: 1 Energy and water cost savings 2 Material /commodity savings, :including scheduled replacement of parts (only for years that these cost savings are applicable) 3 Outside labor cost savings, including maintenance contracts 4 In -house labor costs 5 Deferred maintenance cost 6 Offset of future capital cost 7 Outside incentive funds (utility incentives, grants, etc.) 8 Any savings related to maintenance and operation of the facilities will be limited to those that can be thoroughly documented. b) Payment sources that may also be considered and negotiated: 1. Utllity rebates and incentives 2. Grants (as available) that relate to the scope of work identified during the development of this project. 3. Current and future capital budgets that may be identified for the scope of work identified during the development of this project. Page 40 of N c) Additional factors related to establishing savings that cover all costs: I Escalation rates that apply to each payment source. These are rates to be used in cash flow projections for project development purposes. 2 Interest rates (municipal tax - exempt rates for public institutions) rates will be used in the Technical Energy Audit and subsequent Energy Performance Contract. c. Collect financial and technical data and back-ground information from City concerning facility oper'at'ion and energy use for the most recent three years from the effective date of this Contract as follows. a) City annual budget reports b) Department specific operating budgets and actual cost information connected with the cost to operate and maintain existing systems. c) Building square footage, d) Construction data of buildings and major additions including building envelope e) Utility co'mpanyinvoices f) Occupancy and usage information g) Description of all energy - consuming or energy- saving equipment used on the premises, as available. h) Description of energy management procedures utilized on the premises i) Description of any energy- related improvements made or currently being implemented j) Description of any changes in the structure of the facility or energy -using or water -using equipment l<) Descrption of future plans regarding building modifications or equipment modifications and replacements 1) Drawings, as available (may include mechanical, plumbing, electrical, building 'automation and temperature controls, structural, architectural, modifications and remodels) m) Original construction submittals and factory data (specifications, pump curves, etc.), as available n Operating engineer logs, maintenance work orders, etc., as available P) Records of maintenance expenditures on energy -using equipment, including service contracts p) Prior energy audits or studies, if any City agrees to worst diligently to furnish ESCO, upon request, accurate and complete data and information as available: Where information is not available from City, ESCO will make a diligent effort to collect such information through the facility inspection, staff interviews, and utility companies. Page l l of 29 ESCO agrees to work diligently to assess validity of information provided and to confirm or correct the information as needed. d. IdentifU potential measures building regarding: a) Facility operation, including energy management procedures b) Equipment maintenance problems c) Comfort problems and requirements d) Equipment reliability e) Projected equipment needs f) Occupancy`and use schedules for the facility and specific equipment. g) Facility improvements — past, planned and desired 2) Survey major energy -using equipment, including lighting (indoor and outdoor), heating and heat distribution systems, cooling systems and related equipment, automatic temperature control systems and equipment, air distribution systems and equipment, outdoor ventilation systems and equipment; exhaust systems and equipment; hot water systems, electric motors, transmission and. drive systems, special systems (kitchen /dining equipment, etc.), renewable energy systems, other energy using systems, water consuming systems (restroom fixtures, water fountains, irrigation d) Remaining useful life systems, etc.) 3) Perform °fate- night"surveys outside of normal business hours or on weekends to confirm building system and occupancy schedules, if deemed necessary. 4) 'Develop a preliminary list of potential energy and water saving measures. Consider the following for each system: a) Comfort and maintenance problems b) Energy use, loads, proper sizing, efficiencies and hours of operation c) Current operating condition e) Feasibility of system. replacement f) Hazardous materials and other environmental concerns g) City's future plans for equipment replacement or building renovations h) Facility operation and maintenance procedures that could be affected i) Capability to.measure energy performance and verify savings City will allow ESCO reasonable access to facility and street fighting staff to ensure understanding of existing systems and opportunities. ESCO agrees to work diligently to assess validity of information provided and to confirm or correct the information as needed. Page 12 of 29 e. Establish base year consumption and reconcile with end use consumption estimates. 1) Establish base year consumption by examining utility bills for the past three years for electricity, gas, steam, water, etc. Present base year consumption in terms of energy units (kWh, kW, ccf, Therms, gallons, or other units used in bills), in terms of dollars, year (averaging, selecting most representative contiguous 12 months, etc.). Consult with 'facility.personnel to account for any anomalous schedule or operating conditions on billings that could skew the base year representation. ESCO will account for periods of time when equipment was broken or malfunctioning in calculating the base year. 2) Estimate loading, usage and/or hours of operation for all major end uses of total facility consumption including, but not limited to; lighting, heating, cooling, motors. (fans and pumps), plug loads, and other major energy and water using equipment. Where loading or usage are highly uncertain (including variable loads such as cooling), ESCO will use its best judgment, spot measurements or short -term monitoring. ESCO should not assume that equipment run hours equal the operating hours of the building(s) or facility staff estimates. 3) Reconcile annual end -use estimated consumption with the annual base year consumption. This reconciliation will place reasonable "real- world" limits on potential savings. 4) Propose adjustments to the baseline for energy and water saving measures that will be implemented in the future. f. Develop a preliminary analysis - of potential energy and water saving measures. This list shall be compiled and submitted to City within 45 calendar days of the execution of this Contract. 1) List all potential opportunities, whether cost - effective or not. Consider technologies in a comprehensive approach including, but not limited to: lighting .systems, heating /ventilatinglair conditioning equipment: and distribution systems, controls systeims, building envelope, motors, kitchen equipment, pools, renewable energy systems, other special equipment, irrigation systems, and water saving devices. 2) Identify measures which appear likely to be cost effective and therefore warrant detailed analysis 3) For each measure, prepare a preliminary estimate of energy or water cost savings including description of analysis methodology, supporting calculations and assumptions .used to estimate savings. g. Meet With City Ener Efficiency and Conservation Committee Finance and Cit Council to gresent preliminary findings prior to thorough analysis. Describe how the projected project economics meet the City's terms for completing the Technical Energy Audit and Proposal Contract. Discuss assessment of energy use, savings potential, project opportunities, and potential for developing an energy performance contract. Develop a list Page 13 of 29 of recommended measures for further analysis. The City shall have the option to reject calculations of savings, potential savings allowed, or project recommendations. h. Anal ze "savin s and costs (including operational and maintenance cost for each 1) Follow the methodology of ASHRAE or other nationally- recognized authority following the engineering principle(s) identified for each retrofit option 2) Utilize assumptions, projections and baselines which best represent the true value of future energy or operational savings. Include accurate marginal costs for each unit of savings at the time the audit is performed, documentation of material and labor cost savings, adjustments to the baseline to reflect current conditions at the facility, calculations which account for the interactive effects of the recommended measures. 3) Use best judgment regarding the employment of instrumentation and recording durations so as to achieve an accurate and faithful characterization of energy use 4) Use markups and fees stated above in all cost estimates. 5) Develop a preliminary measurement and verification plan for each measure '6) Follow additional guidelines for analysis and report preparation given below 7) Include cost to provide services and complete application for Energy Star Label. ii. Prepare a Draft Technical Energy Audit Report The report provides an engineering and economic.basis for negotiating a potential Energy Performance Contract between the City and the ESCO. The draft report shall. be completed within 60 calendar days of the date of execution of this Contract. The report shall be presented to the Energy Efficlency Committee, Finance and City Council. The report shall include: 1) Overview a) Contact information b) Summary table of recommended energy and water saving measures, with itemization for each measure of total design and construction cost, annual maintenance costs, the first . year cost avoidance (in dollars and energy units), simple payback and equipment service life c) Summary of annual energy and water use by fuel type and costs of existing or base year condition d) Calculation of cost savings expected if all recommended measures are implemented and total percentage savings of total facility energy cost. e) Description of the existing facility, mechanical and electrical systems f) Summary description of measures, including estimated costs and savings for each as detailed above g} Discussion of measures considered but not investigated in detail h) f=inancial structure of the energy savings performance contract. i) Conclusions and recommendations Page 14 of 29 2) Base year energy use a) description and itemization of current billing rates, including schedules and riders. b) Summary of all utility bills for all fuel types and water c) Identification and definition of base year consumption and description of how established plug loads, etc) with with base year (include discussion of any unusual findings) 3) Full description of each energy and water saving measure including: a) Written description 1) Existing conditions 2) Description of equipment to be installed and how it will function 3) Include discussion of facility operations and maintenance procedures that will be affected by installation /implementation. 4) Present the plan for installing or implementing the recommendation. b. Savings calculations 1) Base year energy use and cost 2) Post- retrofit energy use and cost 3) Savings estimates including analysis methodology, supporting calculations and assumptions used. 4) Annual savings estimates. The cost savings for all energy saving measures must be estimated for each year during the contract period. Savings must be able to be achieved each year (cannot report average annual savings over the term of the contract). 5) Savings estimates must be limited to savings allowed by the City as described above. 6) Percent cost - avoidance projected 7) Description and calculations for any proposed rate changes 8) Explanation of how savings interactions between retrofit options are accounted for in calculations. 9) Operation and maintenance savings, including detailed calculations and description. Ensure that maintenance savings are only applied in the applicable years and only during the lifetime of the particular equipment. 10) Business Case Analysis demonstrating the overall performance of the project including the estimated annual energy savings, utility rates, operations and maintenance savings, lease purchase rates and project cost. 11) If computer simulation is used, include a short description and state key input data. If requested by City, access will be provided to the program and. all assumptions and inputs used, and/or printouts shall be provided of all input files and important output files and included in the Technical Energy Audit with documentation that explains how the final savings figures are derived from the simulation program output printouts. Page 15 of 29 12) If manual calculations are employed, formulas, assumptions and key data shall be stated. 13) Conclusions, observations, caveats c. :Cost estimate -- detailed scope of the construction estimating. Include all anticipated costs associated wit h t'roviae speciricavoi water fixture counts. components work needed, suitable for installation and implement-, as well as detailed lighting cost and 1.) Engineering /design costs 2) ESCOlvendor estimates for labor, materials, and equipment; include special provisions, overtime, etc., as needed to accomplish the work with minimum disruption to the operations of the facilities. 3) Permit costs 4) Construction management fees 5) Environmental costs or benefits (disposal, avoided emissions, handling of hazardous materials, etc.) 6) Note that all markups and fees stated in this Contract shall be used in the cost estimates, unless otherwise documented and justified due to change in scope or size of project or other unforeseen.circumstances. 7) Conclusions, observations, caveats 8) Other cost categories as defined above under "markups" in Section 3b above. d. Other 1) Estimate of average useful service life of equipment 2) Preliminary commissioning plan 3) Preliminary measurement a rn d verification plan, following the International Performance Measurement and Verification Protocol (IPMVP), explaining how savings from each measure is to be measured and verified (stipulated by Contract, utility bill analysis, end- use measurement and calculation, etc.). The Preliminary M &V plan small include all elements provided in Exhibit C: Elements to Include in Measurement Verification Plan. 4) Discussion of impacts that facility would incur after contract ends, Consider operation and maintenance impacts, staffing impacts, budget impacts, etc., and Identify who is responsible for maintenance. 5) Compatibility with existing systems. Include the name of the existing controls system, if new controls systems will have to be compatible with an existing brand of controls. Also note if a sole- source vendor is established for controls systems. 6) Complete appendices that document the data used to prepare the analyses. Describe how data were collected. j. MeetwithCit Review'the recommendations, savings calculations and impact of the measures on the operations of the facility. Describe how the projected project economics meet the City's terms Page 16 of 29 for completing the Technical Energy Audit and Performance Contract Proposal. Discuss the Willingness and capability of City to make capital contributions to the'project to improve the economics of the overall project, Finance and City Council The final report shall be .completed and delivered to City for review and presentation to City Council for approval within 120 calendar days of the date of execution of this Contract which is. .expected no later than August 5, 2013, I. 'Prepare an Energy Performance Contract Proposal (Term Sheet). in anticipation of ESCO and City entering into an Energy Performance Contract to design, install, monitor and .guarantee the performance of the energy and water saving measures proposed in the Technical Energy Audit Report, ESCO shall prepare a proposal for terms to be incorporated in a Energy Performance contract to include:. 1.) Project Cost is the total amount City will pay for the project, ESCO's services and the cost of funding.. Costs must be consistent with maximum markups and fees established above. Costs may include but are not limited to: engineering, designing, packaging, procuring; installing (from Technical Energy Audit Report results); performance /payment bond costs; construction management fees; commissioning costs; maintenance fees; monitoring fees; training fees; legal services; overhead and profit; other markups. 2) Include a List of Services that will be provided as related to each cost. 3) Expected term of the Energy Performance Contract. 4) Description of how the project will be financed including available interest rates and financing terms, based on interest rates likely available to City at this time, and based on a 60 -day and 90 -day lock option. 5) Explanation of bow the savings will be calculated and adjusted due to weather (such as heating and codling degree days), occupancy or other factors. Measurement and verification methods must be consistent with the International Performance Measurement and Verification Protocol 2009. 6) Analysis of annual business case analysis for City during the contract term. Page 17 of 2g EXHIBIT B Notice of Acceptance of Technical Energy Audit Report Date of Notice Notice is hereby given that City accepts the Technical Energy Audit and Project Development Proposal by ESC4, as contemplated in Exhibit D of the Technical Energy Audit and Project Proposal Contract dated City of Corpus Christi M Date Whon completely executed, this form is to be sent by certified mail to the ESCO by the Clty'of Corpus Christi. Pago 18 of 29 EXHIBIT C Elements to Include in Measurement and Verification Plan A; Describe the Baseline Development B: Describe Project Specific Measurement & Verification Plan D: Describe Periodic Performance Period Verification Page 1 g of N EXHIBIT D Cost and Pricing hacoordance with Exhibit A — Scope of Work, the following facilities owned and leased by the City of Corpus Christi will be included In the Technical Energy Audit performed by McKinstry, Fire Department Fire Station #1 514 Belden 17.112 tattorr# 342-rU River RU x;808 Fire Station #3 1401 Morgan 9,520 Fire Statlon #4 2338 Rodd Field Rd. 4,000 Fire Station #5 3310 Leopard 4,223 Fire Station #6 5713 Weber 4,608 Fire.Station #7 3722 Staples 4,720 Fire Station #8 4639 Kostoryz 073 Fire Station #9 501 Navigation 3,961 Fire Station #10 1550 Horne Rd. 4,770 d ire Station #11 910 Airline 4,888 Fire Station #12 2136 Rand Morgan 4,888 Fire Station #13 1802 Waldron 5,796 Fire Station #14 5901. S. Staples 5,488 Flre Statlon #15 94202 Commodore 4,784 Fire Station #16 97959 State Hwy, 361 4,000 Fire Station #161Pk Mtnc Beach Office 97959 State Hwy. 361 4,230 Gym & Garage 21418 S. Carancahua 6,928 Gas bepartment Gas Division Office /Shops 4225 S. Port Ave. 11,300 Water/Wastewater Water Utilities Building .2626 Holly Rd. 20,504 Library Services Northwest Branch Library 3202 McKinzie 9,804 Nayland Branch Llbrary, Ike Parkdale 1230 Carmel Pkwy. 15,000 Kafue South Side 5922 Brookhampton 12,000 Greenwood Branch Library 4044 Greenwood 16,095 Harte Public Library 2629 Waldron Rd. 13,560 Art Center & Museum Art COMM Center 100 N. Shoreline 14,210 Art Museum of S. Texas 1902 N. Shoreline 31,470 Art Museum Addn- A 1902 N. Shoreline 26,100 Art Museum Addn• B 1902 N. Shoreline Unk Marina Marina Boaters Facility 98 People St. 1,196 Elect Bldg/INW Lift Sta /Boaters Facility Lawrence St. T -Head 216 Page 20 of 29 Page 21 of 29 Boat Dock B and C Lighting Tennis Centers TC Ayers Covered Courts 1722 Winnebago None Al Kruse Tennis Center 500 King 3,750 HEB Tennis Center Stadium 1520 Shely 1,218 HEB Tennis Concession 1520 Shely 2,244 HEB Tennis Locker Room 1520 Shely 1,084 HEB Tennis Center Expansion 1520 Shely 3 HEB Tennis Center Stadium 1520 Shely 12,980 HEB Tennis Center Stadium 1520 Shely 1,700 Recreation Centers Ben Garza Gym /Rec Center 1818 Howard 11,920 Ben Garza Sports Pavilion 18115 Howard 14,319 Joe, Garza Rec Center 3202 Highland 14,326 Osa Rec Center 1191 Bernice 3,095 Oak Park Rec Center 842 Erwin 4,790 Klwanis Red Center 3933 Timon Blvd. 2,882 Solomon Coles Recreation Center 924 Winnebago nla Undale Rec Center 3133 Swantnor 8,511 TO Ayers Rec Center 1722 Winnebago 5,350 Senior Centers Zavala Senior Center 510 Osage 7,140 New Garden Senior. Center 5325 Greely 14,976 Oveal Williams. Senior Center 1414 Martin Luther King 10,320 Northwest Senior Center 9725 Up River Rd, 10,802 Lindale Senior Center 3135 Swantner 8,254 Broadmoor Senior Center 1651 Tarlton 10,000 Greenwood Senior Center 4040 Greenwood 8,254 Ethel Eyerly Senior Center 654 Graham 9,220 Leased Frost Bank Leased Office 24 02 Leopard St. 50,316 Purchasing Warehouse 5352 Ayers ft-A 14,400 Water Conservation Phase 1 and 2 Facilities All Capital Upgrades • City Hail City Hall — Boiler replacement and controls for beating water system 1201 Leopard 152;361 City Hall — Add chemical free condenser water treatment. system Page 21 of 29 capital Upgrades - Central Library Central Library — Replace air - cooled chillers 805 Comanche 78,400 Central library — Add air conditioning for server room Central library — Create archive storage wtlh humidity control Capital Upgrades — science and Histroy Museum Museum — Replace Pnuematic valves and dampers with electronic actuators 1900 Chaparral St 85,000 Museum -- Replace fire alarm system Museum -- Replace rooftop unit Museum -- Replace boiler Museum - Replace roof Capital Upgrades- American Rank Center (ABC) ABC - Replace valves and dampers with electronic actuators 1701 N Shoreline St 488,342 ABC : Lighting Controls .ABC —Rebuild each make -up air units ABC -- Replace return air fans ABC — Replace air handling units ABC —Add chemical free condensor water treatment system Capital upgrades — Police and Courts (P &C) P &C — Redesign and replace ductwork in select areas 120 N Chaparral St 102,580 P&G —Add chemical free condensor water treatment system Capital Upgrades — Health Department (Health) Health —Replace aging air handling units 1742 Horne Rd 46,678 Health — Replace aging boiler Health -- Add variable frequency drives to chilled water pumps Smart Building Solutions Total Square Footage 1,461,972 Page 22 of 29 The total fee for this work is $125,000,00. This fee includes all labor, materials, travel casts, overhead and profit required to perform the scope of work defined herein. As described in the RF'Q response, Overhead Is calculated as a gross margin percentage of 10 and Profit (Earnings. Before Interest and Taxes) is calculated as a gross margin percentage It is mutually acknowledged the City is not required to execute an Energy Performance Contract for any or all of the facilities audits. However, if the City does not execute an Energy Service Performance Contract to address Audit Costs for feasible projects, and the Technical Energy Audit is not terminated in conformance with Section 4, this fee will become due and payable by the City upon agreement as to the termination costs due. Labor Rates, including overhead and profit used as a basis for estimate of TEA costs: Project Director $131:1 aihour Account Manager $117.75/hour Pro ram.Mam erSr, $104,711hour Pro ram Manager $90,8Whour Enerqy Engineer Sr. $98.741hour Energy En ineer $873Whour Ener gy Auditor $67.70/hour Cornmisslonln /Controls Engineer $86.61/hour Senior rDesigner/Engineer $102,691hour Professional En ineer $102.821hour Pro ectErr ineer $70,07 /hour Prgiect Mana er Sr. $112.591hour Pro ect Mana er $87.551hour Fadlity Manager $96,31/hour Estimator $97,75/hour Admin -SR $67,141hour Adrnin -Su port Staff $62.45/hour Page 23 of 29 Exhibit E MANDATORY INSURANCE REQUIREMENTS FOR AIE PROFESSIONAL SERVICES/CONSULTANT SERVICES (Revised October 2010) A.. Consultant must not commence work required herein has been obtained and City. The Consultant must not allow an under this agreement until all insurance such insurance has been approved by the subcontractor to commence work until all B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverage's by insurance company(s) acceptable to :the City's Risk Manager. The City must be named as an additional insured for all liability policies,, and a blanket waiver of subrogation is required on all applicable policies. OF INSURANCE 3 -Day Written Notice of Cancellation, non =renewal or material change required .on all certificates COMMERCIAL GENERAL LIABILITY including: 1. Broad f=orm 2. Premises - Operations 3. Products/ Completed Operations 4 Contractual Liability 5: Independent Contractors COVERAGE Bodily Injury & Property Damage Per occurrence - aggregate $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired -- Non-owned vehicles PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1: Errors and Omissions SATION MPLOYERS' LIABILITY $1,000,000 per claim 1 $2,000,000 aggregate (Defense costs not included in face value of the policy) if claims made policy, retro date must be . prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured Which Complies with the Texas Workers Compensation Act 0001500 C. In the event of accidents of.any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. Page 24 of 29 D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on -a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met, E. Consultant's financial integrity is of interest to the City; therefore, subject to Suocessful Consultant's right to maintain reasonable deductibles in such amounts as are - approved by thL Consultant -sh'all - obtain a maintair�r full rid e ec or 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. F. The City shall be entitled, upon request and without expense, to receive copies of the .policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may requ the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or. regulation binding upon either of the parties hereto or the underwriter of an such polieles). Consultant shall be required to comply with any such requests and shall submit. a copy .of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus.Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 Fax: (361) 826 -4556 C. 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: i. Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; ii. 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; iii, Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iV. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. H. Within five (5) calendar day of a suspension, cancellation, or non - renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should 'there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. Page 25 of 29 1. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall Successful Consultant may be pr9perty - fro m Consult under this agreement. be construed as limiting in any way the extent to which held responsible for payments of damages to persons or K. 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 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. If. INDEMNIFICATION, OBLIGATION TO DEFEND AND HOLD HARMLESS A. HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI, AND ITS OFFICERS; AGENTS, SERVANTS, AND EMPLOYEES,. AND EACH OF THEM AGAINST AND HOLD IT AND THEM HARMLESS FROM ANY AND ALL LAWSUITS, CLAIMS, DEMANDS, ,LIABILITIES, LOSSES AND EXPENSES., INCLUDING COURT COSTS AND ATTORNEYS' FEES, FOR OR ON ACCOUNT OF ANY INJURY TO ANY PERSON, OR ANY. DEATH AT ANY TIME RESULTING FROM SUCH INJURY, OR ANY DAMAGE TO ANY PROPERTY, WHICH MAY ARISE OR WHICH MAY BE ALLEGED TO HAVE ARISEN OUT OF OR'IN .CONNECTION WITH THE WORK COVERED BY THIS CONTRACT, THE FOREGOING INDEMNITY SHALL APPLY EXCEPT IF SUCH INJURY, DEATH OR DAMAGE IS CAUSED BY THE SOLD NEGLIGENCE OF THE CITY OF CORPUS CHRISTI, UNMIXED WITH THE FAULT OF ANY OTHER PARTY. B. The Consultant shall obtain workers' compensation insurance coverage through a licensed insurance company or through self - insurance obtained in accordance with Texas law, If such coverage is obtained through. a licensed insurance company\ the contract for coverage shall be written on a policy and endorsements approved by the Texas State Board of Insurance. If such coverage is provided through self - insurance, then within ten (10) calendar days after the date the City requests that the Consultant sign the contract documents, the Consultant shall provide the City with a copy of its certificate of Authority to self- inisure its workers' compensation coverage,, as well as a letter, signed by the Consultant, stating that the certificate of authority to self - insure remains in effect and is not the subject of any revocation proceeding then pending before the Texas Workers' Compensation Commission. Further; if at any time before final acceptance of the Work by the City, such certificate of authority to self - insure is revoked or is made the subject of any proceeding which could result in revocation of the certificate, then the Consultant shall immediately provide written .notice of such facts to the City, by certified mail, return recelpt requested directed to: City of Corpus Christi, Department of Engineering Services, P. 0, Box 9.277, Corpus Christi, Texas 78469 _ Attention: Contract Administrator. Page 26 of 29 Whether workers' compensation insurance coverage is provided through a licensed insurance company or through self-insurance, the coverage provided must be in an amount. sufficient to assure that all workers` compensation_ obligations incurred by the Consultant will be promptly met. Page 27 of 29 City Of CO ) pus Chrtstl CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of .Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business wrt 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 piling 'Requirements, Certifications and definitions. COMPANY NAME: McKinstry Essention LLC P, O. BOX: 24557 STREET ADDRESS: 5005 3` Avenue S CITY: Seattle ZIP: 9813 FIRM IS: 1. Corporation 8 2. Partnership ® 3, Sole Owner 4. Association 5. Other LLC DISCLOSURE QUESTIONS. If additional space is necessary, please use the reverse side of this page or attach separate. sheet. I: 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 NIA known) N/A 2..State the names of each "official" of the City of Corpus Christi having an "ownership interosr constituting 3 % or more of the ownership in the above named "firm." N..a'me Title N/A N/A 3, State the names of each "board mernber" of the City of Corpus Christi having an "ownership interest constituting 3% or more of the ownership in the above framed "firm," Natne Board, Commission or Conunittee N/A N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" . ,constituting 3% or more of the ownership in the above named" firns." Name Consultant N/A NIA Page 28 of 29 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an cconotnic 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. sighed: whiting 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 )] CERTIIi ICA'I'ION 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; Joseph H ea Title: Director of Finance (Type o rint) Signature of Certifying Pers Date: Z 12 71201_�;5 DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Cou ncil 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 Clu 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 birtllei established to produce or deal with a product or service, including but not limited to, entities operated in the forin 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, tnist; estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements," g. "Consultant." Any person or .firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation: and recommendation. Page 29 of 29 I:J :Wl1 NCO] 9*11 Biel AI FIXED PRICE ENERGY PERFORMANCE CONTRACT (DESIGN /BUILD) Project No. E11102 Future Agenda March 19, 2013 Action Agenda March 26, 2013 FUNDS AVAILABLE: Public Facilities CIP ............................................... ............................... $7,392,041.93 AEP Program Incentives ......................................... ............................... 40,389.00 Total ................................................................... ............................... $7,432,430.93 FUNDS REQUIRED: Construction (McKinstry Essention) ........................... ............................... $7,075,000.00 Contingencies (1%) .............................................. ............................... 70,750.00 Consultant Fees: Consultant (McKinstry) Basic Svcs $365,000.00 - 5. 5% . ............................... Part of Construction Construction Management/Inspection (McKinstry Essention ) ......................... Part of Construction Materials Inspection & Testing (Electrical Commissioning ) ............................ Part of Construction Peer Review (Stridde Callins) ................................... ............................... 159,800.00 Reimbursements Administrative Reimbursements ............................. ............................... 81,561.00 Engineering Reimbursements .................................. ............................... 18,062.00 EngineeringMisc ................................................... ............................... 224.99 Total ................................................................... ............................... $7,405,397.99 Balance.............................................................. ............................... $27,032.94 Page 1 of 2 Ordinance appropriating $40,389 from AEP Program Incentives in the No. 3160 City Hall CIP Fund for the Energy Efficiency Conservation Retrofit for Major City Facilities project; changing the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to increase revenues and expenditures by $40,389 each; and authorizing the City Manager, or designee, to execute Amendment No. 1 Technical Energy Audit to the Fixed Price Energy Performance Contract (Design /Build) with McKinstry Essention of Seattle, Washington for Energy Efficiency Conservation Retrofit for Major City Facilities in the amount of $125,000, for a total re- stated fee of $7,075,000. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. An amount of $40,389 from AEP Program Incentives is appropriated into the No. 3160 City Hall CIP Fund for the approved Energy Efficiency Conservation Retrofit for Major City Facilities project. SECTION 2. The FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 is changed to increase revenues and expenditures by $40,389 each. SECTION 3. The City Manger or designee is authorized to execute Amendment No. 1 with McKinstry Essention of Seattle, Washington in the amount of $125,000, for a total re- stated fee of $7,075,000 for the Energy Efficiency Conservation Retrofit for Major City Facilities for the Technical Energy Audit to the Fixed Price Energy Performance Contract (Design /Build). ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor Ordinance - Technical Energy Audit Phase 2 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 7 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary day of THE CITY OF CORPUS CHRISTI Nelda Martinez Mayor Ordinance - Technical Energy Audit Phase 2 exhE11102D. VANN LOCATION MAP NOT TO SCALE PROJECT # E11102 Energy Efficiency Conservation CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS Retrofit for DEPARTMENT OF ENGINEERING SERVICES Major City Facilities PAGE: 1 of 1 = _ FA R • Y �t AGENDA MEMORANDUM Public Hearing /1S Reading Ordinance for the City Council Meeting of April 23, 2013 2n Reading Ordinance for City Council Meeting April 30, 2013 DATE: 3/26/2013 TO: Ronald L. Olson, City Manager THRU: Eddie Ortega, Director of Neighborhood Services EieO _cctexas.com 361- 826 -3234 FROM: Rudy Bentancourt, CD Administrator RudyB @cctexas.com 361- 826 -3021 Public Hearing /1S Reading Ordinance regarding the City of Corpus Christi's proposed FY2013 -2014 Consolidated Annual Action Plan. CAPTION Ordinance to adopt the fiscal year (FY) 2013 -2014 Consolidated Annual Action Plan (CAAP), for the Community Development Block Grant (CDBG), the Emergency Solutions Grant (ESG), and the HOME Investment Partnerships (HOME) Programs; to authorize the City Manager or designee to submit the FY2013- FY2014 CAAP to the U.S. Department of Housing and Urban Development (HUD), and to amend if required by HUD; to authorize the City Manager or designee to execute all documents necessary to accept and appropriate upon receipt the grants from HUD into the Grant Fund No. 1059 for the approved FY2013 -2014 CAAP projects and further to execute funding agreements and all other documents necessary to implement the FY2013 -2014 CAAP with organizations for approved projects; and to ratify the ESG funding agreements and other applicable implementation documents to be effective as of August 1, 2013. PURPOSE Purpose of Public Hearing is to abide by HUD requirements and to provide a "Citizen Comment Period" for citizens to provide comments on proposed project funding for CAAP FY2013 -2014. Ordinance will include the adoption of the proposed CAAP. BACKGROUND AND FINDINGS The U.S. Department of Housing and Urban Development (HUD) regulation requires, as part of the approved process for the FY2013- FY2017 Consolidated Plan /Citizens Participation Plan, three (3) public hearings prior to the adoption of the FY2013 -2014 CAAP. An initial public hearing was held at Corpus Christi City Hall on December 11, 2012. An additional public hearing to receive additional input was held on December 19, 2012. The public hearing to be conducted on Tuesday, April 23, 2013 by the City of Corpus Christi's City Council will satisfy the requirement of the second required hearing though three public hearings were held. The City of Corpus Christi has received a preliminary allocation from HUD which, at this time, is not final due to the federal sequester. $2,462,699 — Community Development Block Grant (CDBG) — proposed 5% reduction from FY2012 -2013 $ 251,306 — Emergency Solutions Grant (ESG) — proposed 5% reduction from FY2012 -2013 $ 979,141 — HOME Investment Partnership Program (HOME) — 5% proposed reduction from FY2012 -2013 An additional $700,000 generated from the Revolving Rehabilitation Loan Program (Program Income) and $150,000 generated from Program Income from Demolition Liens and Property Clearance will be made available to the CDBG Program for continued funding of those programs. Additionally funding in the amount of $846,149 recaptured from previously funded projects that were unspent have been made available to be reprogrammed to augment funding levels for the upcoming FY 2013 -2014 CDBG program allocations for a total funding level of $4,158,848. Since 1975, the City of Corpus Christi has received funding for its CDBG Programs in excess of 168.1 million, of which approximately $18 million has been income generated by various programs administered by the Neighborhood Services Department. The ESG Program will have a proposed allocation amount of $251,306 for FY2013 -2014. The intent of the ESG Program funding is to provide funding to providers of Homeless services to defray the cost of operations and maintenance of local Emergency Shelters in addition to provide funding for rehabilitation, counseling, training and other essential Homeless prevention activities. The HOME Program will have a proposed allocated amount of $979,141 as a funding level from entitlement funds to be received, with an additional $800,000 being made available for reprogramming from previously funded recaptured program funds, as well as $120,000 from Program Income from the Rehabilitation Program for an estimated available funding amount of $1,899,141 for the FY2013 -2014 Budget Year. Two Public Hearings were conducted on December 11 and December 19, 2012 at Corpus Christi City Hall. Additionally, the Community Development Division of Neighborhood Services Department conducted three (3) Technical Assistance Workshops for potential applicants. The City of Corpus Christi meeting scheduled for April 23, 2013, as part of their regular agenda, will conduct a Public Hearing on the proposed FY2013 -2014 CAAP. At the conclusion of the Public Hearing, the City Council will have the opportunity to discuss and present recommendations on the list of proposed projects /activities of the FY2013 -2014 CAAP. Adoption of the FY2013 -2014 CAAP will be presented at the next City Council meeting Scheduled for April 30, 2013. The FY2013 -2014 CAAP will be published on May 5, 2013. This will initiate a thirty (30) day comment period for citizens of Corpus Christi to review and provide comments prior to the submission of the FY2013 -2014 CAAP to HUD on June 13, 2013. The FY2013 -2014 Consolidated Annual Action Plan will be submitted to HUD on June 13, 2013 following the required 30 day citizen comment period. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY Public Hearing is required per HUD Regulations. EMERGENCY / NON - EMERGENCY This item is non - emergency DEPARTMENTAL CLEARANCES Legal Finance — Federal Grants and Office of Management and Budget FINANCIAL IMPACT Not applicable Fiscal Year: 2013 -2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION At the conclusion of public hearing, the City Council, may at their discretion, discuss any and all recommendations and provide direction on the projects /activities to be funded under the FY2013 -2014 CAAP LIST OF SUPPORTING DOCUMENTS Ordinance PowerPoint Ordinance to adopt the fiscal year (FY) 2013 -2014 Consolidated Annual Action Plan (CARP), for the Community Development Block Grant (CDBG), the Emergency Solutions Grant (ESG), and the HOME Investment Partnerships (HOME) Programs; to authorize the City Manager or designee to submit the FY2013- FY2014 CAAP to the U.S. Department of Housing and Urban Development (HUD), and to amend if required by HUD; to authorize the City Manager or designee to execute all documents necessary to accept and appropriate upon receipt the grants from HUD into the Grant Fund No. 1059 for the approved FY2013 -2014 CAAP projects and further to execute funding agreements and all other documents necessary to implement the FY2013 -2014 CAAP with organizations for approved projects; and to ratify the ESG funding agreements and other applicable implementation documents to be effective as of August 1, 2013. Whereas, with proper notice to the public and in accordance with HUD regulations, three public hearings were held, the first and second on December 11 and 19 2012, and the third during a meeting of the City Council, in the Council Chambers on Tuesday, April 23 All hearings were held at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and Whereas, the City Council has determined that this Ordinance would best serve public health, necessity, convenience and the general welfare of the City of Corpus Christi and its citizens. Now therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That the FY2013- FY2014 CARP, which includes the CDBG, the ESG, and the HOME Programs, is adopted. Section 2. That the City Manager or the City Manager's designee is authorized: • to submit the FY2013- FY2014 CAAP to HUD, and • to amend the FY2013- FY2014 CAAP if required by HUD. Section 3. That the City Manager or the City Manager's designee is authorized: • to execute all documents necessary to accept and appropriate upon receipt the grants from HUD into the Grant Fund No. 1059 for the approved FY2013 -2014 CAAP, and • to execute funding agreements and all other documents necessary to implement the FY2013 -2014 CAAP with organizations for approved projects. Section 4. Additionally, that the City Council ratifies the ESG funding agreements and other applicable implementation documents to be effective as of August 1, 2013. J: \LegislativeBills \LISA \2013 Ordinance \2013 -2014 CAAP Ord Clean format.docx That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2013 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Priscilla Leal David Loeb Lillian Riojas Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of , 2013 by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott PASSED AND APPROVED this day of , 2013 at a Regular Meeting of the City Council of the City of Corpus Christi, Texas. ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor J: \LegislativeBills \LISA \2013 Ordinance \2013 -2014 CAAP Ord Clean format.docx ATTACHMENT "D" CITY OF CORPUS CHRISTI FY2013 ANNUAL ACTION PLAN RECOMMENDED FY2013 CDBG PROGRAM FY2013 CDBG Allocation $2,462,699 Reprogrammed Funds $846,149 Program Income from Demolition Liens and Propery Clearence $150,000 Program Income from Rehabilitation Program (Revolving Loan Fund estimate) $700,000 TOTAL FUNDS AVAILABLE FOR FY2013 CDBG PROGRAM 1 � I 11, �, WN1 I 1 E=,, $4,158,848 � 6 Code Enforcement Program The Code Enforcement request is to fund staffing for salaries to support 7.25 full time employees (FTE's): 5 -Code Enforcement Property Advisors (100 %); 1- Code Enforcement Property Advisor (50 %); 1- Zoning Project Coordinator (50 %); 1- Senior Account Clerk/Administrative Support (100 %); Zoning & Code Enforcement Administrator (25 %) in the of amount of $323,296.34 which includes a total of $7,250.00 (7.25 Staff members @ $1,000.00 = 7,250.00) for training through classes, seminars and /or conferences for education opportunities and for certifications required for code enforcement. The CE Property Advisors and Zoning Project Coordinator are responsible for the inspection of properties r within CDBG eligible areas for violations of approximately seventy five 1 (75) health, safety, and welfare related City Codes. These efforts 1 $323,296 $323,296 d support the City Council's objective of enhancing the City Council's objective of enhancing the City of Corpus Christi "Pride" initiative through revitalization and sustainability in all CDBG eligible neighborhoods. The Zoning and Code Enforcement Administrator oversees all functions of the Code Enforcement Division including investigating and enforcing substandard structures, junked vehicles, care of premises, zoning, illegal dumping, illegal signage, open storage, accumulation of litter and solid waste, tall weeds which includes the stated approximate 75 City t Ordinances. The Senior Account Clerk provides administrative support to the Code Enforcement Property Advisors and Zoning Project ¢ Coordinator by processing compliance request through the mail and researching property owner's name and address. CDBG Program Administration This project will fund staff salaries and administrative costs. Staff is responsible for administering the Community Development Block Grant (CDBG), the HOME Investment Partnership (HOME) and Emergency Solutions Grant (ESG) Programs. Staff interprets CDBG, HOME, and 2 ESG federal regulations, conducts public hearings /meetings, reviews 3 $437,000 $437,000 proposed projects and activities to determine funding and eligibility, monitors Subrecipients for program compliance, provides technical assistance, conducts environmental assessments of funding projects /activities and enforces Davis Bacon Federal wage rate requirements. Clearance of Vacant Properties Program This project consists of clearance of vacant properties in regards to the removal of accumulation of litter and solid waste and the mowing of high 3 weeds and dangerous weeds; to include, abatement of unsightly and 5 $200,000 $200,000 unsanitary matter in all CDBG eligible areas. The City may charge an abatement cost and place a lien against the properties to cover the cost incurred. aliffimism, Demolition Program ME I=` This program consists of the demolition of substandard structures % determined to be health and safety issues and 51% or more deterioration of the general structure. The demolition of these structures is an abatement measure as deemed necessary by the Building Code and Public Safety Officials. The removal of unsafe structures is a priority for 4 neighborhood revitalization within the community and as a goal 7 $200,000 $200,000 established by City Council for livable neighborhoods. Each structure will be assessed and surveyed as building case, providing the property owner an opportunity to resolve the substandard conditions within the parameters of the City's Building Codes. The substandard structures will be demolished under the authority of a judge's ruling via Environmental Municipal Court and the Demolition Grant Program that allows the property owner to voluntarily agree to have their structure demolished. Single Family Rehabilitation I The Single Family Rehabilitation Loan Program benefits only low and very low income homeowners. The Program provides zero percent and three percent interest loans to homeowners interested in rehabilitating 5 their homes. Funds requested will be used to provide rehabilitation and 9 $700,000 $700,000 reconstruction loans; demolition grants; relocation grants and lead base paint grants for remedial activities. Rehabilitation Loan Program. j Request of $700,000 (Loans - $487,600, Demolition - $68,575, Lead - base Paint - $22,500, Relocation - $121,325) Rehabilition Services This is the operating budget for staff that service the various housing programs administered by NSD. Included in these funds are the salaries for the staff that manage and administer the Single Family Rehabilitation 6 Loan Program; Emergency Home Repair Grant Program; $5,000 11 $600,000 $600,000 Homebuyer Assistance Program; and the Type A Homebuyer Program. Services provided include applicant in -take, loan processing, loan settlement, Homebuyer Education Classes, construction monitoring, project estimating, and development of specifications and drawings. Mortgage Servicing Staff salaries and operational funding of our Mortgage Servicing section. Current salaries includes one Senior Account Clerk and one Senior Staff Assistant that manage the servicing of 800 loans provided through the 7 Single Family Rehabilitation Loan Program. Services includes collection 13 $85,877 $85,877 loan payments; escrowing of insurance and property taxes; paying of insurance and property taxes; providing Tax Form 1098; preparing end of year escrow analysis ; daily posting of payments; and providing release of liens on loans that are paid off. Emergency Home Repair Grant Program Emergency repair grants up to $6,500 for repairs and up to $4,500 for lead based paint remedial activities required by HUD regulations on 8 houses built prior to 1978 . Repairs consist of roof repairs, plumbing 15 $50,000 $50,000 electrical, heating, and minor structural repairs. Lead based activities ' may include actual work or testing required to meet the lead based paint requirements. Assistance through this program is provided to very low income homeowners who are 65 years old or older or disabled. aliffimism, ADA Improvements ME Design of approximately 10,000 linear feet of 5 foot wide sidewalk and 63 curb rambs along Brownlee Blvd. from S. Staples St. to Leopard St. which will be constructed in two phases. The design will separate the phases so the ' 9 construction from Ph I and Ph II can be bid seperately which will allow for a 17 $495,100 $495,100 future grant funding request. Ph I will construct 5,042 If. of 5 ft. wide sidewalk and 15 curb ramps from Morgan to Staples St. as this area has high pedestrian usage. This project is included in the ADA Master Plan adopted by City Council on December 11, 2012. Ethel Eyerly Senior Center AC Renovation Funding requested for the replacement of two central AC units that are currently not operational. The ability to cool the building is difficult and 10 the seniors are in need to of the AC for the summer months. The 21 $201,500 1 $201,500 replacement of the units will include new duct work to all the rooms, new control systems to operate the system and new venting and return equipment. New units will be efficient and would reduce the operating Posts of the center. ¢ La Retama Central Library Accessibility Funding requested is to construct an ADA compliant ramp in front of the Library and reconstruct the damaged entrance walkways, which are the primary way for customers to enter the building; they measure 220 linear feet. The west side, 11 north side and east side of the building have damage with the east side only 23 $170,000 $170,000 having wheelchair accessibility. Funding also requested is to replace the public access elevator. The current elevator is 2" short of being ADA compliant. Access to second floor services would be impossible for individuals with disabilities or the elderly if the public elevator becomes inoperable due to repair parts being unavailable. Accessible Routes in CDBG Residential Areas Phase 3 This project involves providing accessible routes in CDBG residential areas which do not have sidewalks but have heavy pedestrian traffic. This project will 12 build approximately 2,300 linear feet of 5 foot wide sidewalk and 15 ADA 25 $200,000 compliant curb ramps. This will allow pedestrians with and without disabilities to travel this area in safety without architectural barriers. The proposed area is between Horne Rd, Greenwood Drive, Baldwin Ave, and Ayers St. Pedestrian travel is high in this area. Lindale Senior Center Roofing Project Renovation of the roofing system on the Senior Center to extend the buildings useful life and protect the assets inside the building. There are 13 leaks in the Arts and Crafts room and in the AC room. Continued leaks 29 $208,000 will cause structural damage and additional costly repairs in the future if allowed to continue. The roof is a combination of "flat" roof with tar and gravel and sloped roofing with asphalt shingles at approximately 17,400 ' sq. ft. Fair Housing Education / Outreach / Remediation Outreach improvements to extend equal opportunity, accessibility, and fair housing through training, education, compliance, and technical assistace to citizens and providers. Through educational outreach, this program intends to meet a community by principally benefiting low income persons. In doing so, this population is preserving or exercising 14 civil protections in the process to obtain housing or to remediate and 31 $113,540 reside in an equal and fair housing environment free of slums, blight, and discrimination. The estimate number of low /moderate persons to be served is uncapped throughout the year at approximately 96 citywide public venues annually to addresss areas of concern such as: Landlord /Tenant Issues, Housing Discrimination, Dispute Resolution, Education /Outreach, and Intake Services. allowism, Ethel Eyerly Senior Center Fire Alarm System ME I=` Funding requested includes a complete renovation and upgrade of the fire alarm system. Currently the system is not operational. In order to comply with Fire Marshall's requirement to use the public building, a 15 person needs to be on duty for the sole purpose of fire watch anytime the 33 $22,600 public is in the building. This means 5 days a week and anytime there is a rental of the facility, a person needs to be on fire duty to walk around the building checking for smoke and fire and evacuation of the building if a fire is detected. The alarm system would be operable 24 hours /day, 7 days /week. Northwest Senior Center Roofing Project Northwest Senor Center roof renovation is to preserve the building, extend its useful life and stop damage to the structure of the building due 16 to water leaks in the valleys and slopes of the roof. The building is used 35 $222,500 as an activity center for seniors and as a meal provider for an average of 75 persons daily. The building is also used as a social center and events location for people in the community. Garden Senior Center Parking Lot Project j Parking lot is over 25 years old and the surface is breaking down. In 17 certain areas, the sub -base has become soft and ruts and holes are 37 $546,000 forming in the driveways. Parking area needs to be smooth and well lighted to provide a minimal hazard to walking and to avoid tripping in route to the building. 77 parking spaces service the building. Residential Traffic Management Program In April 1998, the City Council approved the Residential Traffic Management Program (RTMP) which provides for installation of speed humps to improve neighborhood traffic safety on local residential streets. This program includes the possibility for residents to share in the cost of the installation of speed 18 humps under certain conditions. The purpose of this request to allocate CDBG 39 $25,000 funds to bear the installation costs in qualified CDBG eligible tracts. Thus far, since the inception of the RTMP, residential neighborhoods in CDBG areas have not elected or been able to participate in the RTMP due to difficulty in the residents' share of the cost. This request will allow the entire speed hump in CDBG areas to be funded by the grant and therefore there will be no cost to residents at all. Lindale Senior Center Fire Alarm System i Funding requested includes a complete renovation and upgrade of the fire alarm system. Currently the system is not operational. In order to comply with Fire Marshall's requirement to use the public building, a 19 person needs to be on duty for the sole purpose of fire watch anytime the 41 $24,900 public is in the building. This means 5 days a week and anytime there is a rental of the facility, a person needs to be on fire duty to walk around the building checking for smoke and fire and evacuation of the building if a fire is detected. The alarm system would be operable 24 hours /day, 7 days /week. Greenwood Senior Center Fire Alarm System Funding requested includes a complete renovation and upgrade of the fire alarm system. Currently the system is operational, but there is almost monthly service calls needed to the Fire Alarm Service Company to keep the system operational. The main control panel is no longer 20 available, though repairs have been made, future repairs are not 43 $24,900 possible. Several "False Alarms" are triggered each year. Currently they , are one a month which means the Alarm Company calls staff to check on the building before Fire Dept. is called, which could cause a delay in an actual event. The new alarm system would be operable 24 hours /day, 7 days /week. aliffimism, Greenwood Senior Center Roofing Project ME Renovation of the roofing system on the Senior center to extend the buildings useful life and protect the assets inside the building. There are 21 leaks in the Arts and Crafts room and in the AC room. Continued leaks 45 $205,000 will cause structural damage and additional repairs in the future if allowed to continue. The roof is a combination of "flat" roof with tar and gravel and sloped roofing with asphalt shingles at approx. 17,200 sq. ft. 3 Greenwood Senior Center Parking Lot Project Greenwood Senior Center parking lot is used by seniors to access the building for daily social activity and meals. The parking lot is also used $ by persons using the center for social events. The parking area needs to be smooth and well lighted to provide minimal hazard to walking and to 22 avoid tripping when in route to the building. The rear parking lot is the 47 $566,000 access route for delieveries to the building such as hot meals, dairy products, and building supplies. It also houses the waste disposal box which is serviced twice a week. The area around and in front of the box is in poor condition. 78 spaces service the building and the back parking r lot is shared with the City /County Health Center so only half of the rear parking would be done. Ethel Eyerly Senior Center Pavilion Ethel Eyerly Senior Center Pavilion is in need of replacement. There is deterioration to the wooden support structures and to the roof decking. 23 The pavilion is used for outdoor activities and is also used for rentals and 49 $166,000 events wanting both an outdoor and indoor venue. The structure is 30x60 feet and includes lighting for night time use. There is a stone BBQ grill at the east end which will be renovated as part of the project to return the pavilion area to it's maximum usefullness. Ethel Eyerly Senior Center Renovation Project Phase 2 ' Funding requested would include expanding the hall or event room to the west of the entranceway, expand the office area, renovate the Heating 24 and AC system in the building, and other items as lined out in the plans. 51 $664,500 Phase I was funded out of CDBG FY2012. If Phase II is funded, the request for HVAC renovation in FY2013 will not be needed as this request covers both. Northwest Senior Center Fire Alarm System Funding requested includes a complete renovation and upgrade of the fire alarm system. Currently the system is not operational. In order to comply with Fire Marshall's requirement to use the public building, a 25 person needs to be on duty for the sole purpose of fire watch anytime the 53 $24,300 public is in the building. This means 5 days a week and anytime there is a rental of the facility, a person needs to be on fire duty to walk around the building checking for smoke and fire and evacuation of the building if a fire is detected. The alarm system would be operable 24 hours /day, 7 days /week. Mary McLeod Bethune Day Nursery, Inc. Funding request is for a new 4,000 sq. ft. Building "C ". The John Chapman Building will be constructed on the footprint of the old Building "C ". The new Building "C" will have 2 classrooms, 2 restrooms, an activity room, an office, ajanitor's room, a foyer, and a covered porch. 55 $393,000 $393,000 The John Chapman Building will allow Bethune to continue to provide the highest quality of day care services, expand programming, and most importantly provide a safe environment for the low income and homeless students and their families. Capital Contribution: $105,000 Corpus Christi Housing Authority The Navarro Place construction of concrete drive and parking lot asphalt overlay project will consist of construction of concrete drive, 5"x18" wide by 2054 with radii, and to overlay existing parking with 1 1/2" compacted 77 $195,430 $195,430 asphalt pavement and apply traffic control striping, speed hump, and accessible symbols. Capital Contribution: $15,000 Corpus Christi Housing Authority The La Armada I New Playground project request is for an accessible 3 playground to be placed in an open space area behind the central office. 97 $55,000 $55,000 The project will also provide for accessible walkways and ramps for participants with accessible needs. This space is 50'x56'. The playground will serve low to moderate income families. Gulf Coast Council of La Raza, Inc. The project entails the construction of a parking lot with dimensions of 200x150 or 30,000 sq. ft. The construction will be the paving of a parking lot. The school serves approximately 335 low income students 117 $330,000 per year from pre - school to 12th grade. The parking will allow for students to be dropped off and parents to park for meetings. Capital Contribution: $5,000 Nueces County Community Action Agency To provide weatherization and minor home repairs to housing for elderly - disabled and single parents and families with children 5 years and younger. Improvements will include, but not limited to, ADA 135 $100,000 ramps /bathroom modifications, replacing windows, replacing water heaters, etc., and other minor home repairs. Leverage Contribution: $461,044 Cliff Maus Village Trust Cliff Maus Village Trust operates a 110 unit apartment complex for low and very low income residents. The project will replace aging and cumbling cast iron plumbing with modern plumbing materials, protecting 151 $414,375 the health and safety of the residents while at the same time preserving the integrity of the facility. Capital Contribution: $5,000 Wesley Community Center Funds requested to cover the areas of exposed concrete around the fapade of the building to prevent further problems of falling concrete. The fapade improvement is necessary because concrete is falling on the children's areas and in areas where clients enter or leave the building. 167 $200,000 The concrete blocks in the rear of the child care classrooms are uneven and present a danger to the children. Plan is to remove the concrete and crate green spaces for the children to enjoy learning activities that helps in the development of their cognitive skills. Coastal Bend Center for Independent Living The project shall provide barrier removal to include building ramps and 179 $100,000 home modifications for eligible individuals with disabilities within the City of Corpus Christi. Corpus Christi Metro Ministries The new Corpus Christi Metro Ministries Transformational Center will house administration offices, staff offices, community meeting rooms, restrooms, storage area, and a small kitchen. The project includes the 191 $150,000 acquisition of property, securing property (fencing), environmental studies, architechtural evaluation, possible partial demolition, and possible rehabilitation. Capital Contribution: $5,000 Total Non - Profit 1 $1,937,8051 $643,430 1 $0 Total City Projects $6,476,013 $3,462,773 $0 Overall Total $8,413,818 $4,106,203 $0 ATTACHMENT "D" RECOMMENDED FY2013 EMERGENCY SOLUTIONS GRANT (ESG) PROGRAM IFY2013 ESG Allocation City of Corpus Christi - ESG Administrative Cost Administrative Cost is being requested for the overall administration of the 1 Emergency Solutions Grant Program. These functions include the financial 207 $18,847 $18,847 oversight, compliance, and technical assistance components of the $251, II (Wesley Community Center I I I I II 2 Funding requested for the ESG Activity Component of Emergency Shelter- 209 $25,000 $20,000 Essential Services and Shelter Operations Corpus Christi Metro Ministries Funding requested for the ESG Activity Components of Emergency Shelter - 3 Essential Services and Shelter Operations; Homeless Prevention -Case 219 $150,000 $60,000 Management and short- and medium term rental assistance; and Rapid Re- housing -Case Management and short- and medium term assistance Recovery Contacts, Inc. 4 Funding requested for the ESG Activity Component of Emergency Shelter- 231 $53,979 $20,000 Essential Services and Shelter Operations Charlie's Place Recovery Center 5 Funding requested for the ESG Activity Component of Emergency Shelter- 237 $36,000 $20,000 Essential Services and Shelter Operations The Salvation Army Funding requested for the ESG Activity Components of Emergency Shelter - 6 Essential Services and Shelter Operations; Homeless Prevention -Case 251 $70,000 $56,000 Management and short- and medium term rental assistance; and Rapid Re- housing -Case Management and short- and medium term assistance Catholic Charities of Corpus Christi 7 Funding requested for the ESG Activity Component of Homeless 260 $25,000 $20,000 Prevention -Case Management and short- and medium -term rental assistance Corpus Christi Hope House Funding requested for the ESG Activity Components of Emergency Shelter - 8 Essential Services and Shelter Operations; Homeless Prevention -Case 270 $21,000 $18,230 Management and short and medium term rental assistance; and Rapid Re- housing Case Management and short and medium term assistance II (Mary McLeod Bethune Day Nursery, Inc. I I I I II 9 Funding requested for the ESG Activity Component of Emergency Shelter- 282 $25,000 $18,229 Essential Services and Shelter Operations I (Total I I $424,826 I $251,306 I $0 II * All ESG funding must be matched at 100% 0 ATTACHMENT "D" RECOMMENDED FY2013 HOME PROGRAM Y2013 HOME Allocation eprogrammed Funds rogram Income (estimate) DTAL FUNDS AVAILABLE FOR FY2013 HOME PROGRAM $979,141 $120,OOC $1,899,141 HOME Administration /Technical Assistance °'',° s Administrative funds for staffing, planning, oversight, coordination, staff 1 supervision, monitoring and evaluation, contracting, record keeping /reporting 292 $97,914 $97,914 and overall program management. Technical assistance will be provided to enhance the capacity of CHDO's, non - profits, owners /investors of rental property and other organizations that may participate in the program. Major Rehabilitation Program 2 Provide loans to low income homeowners to assist them with major 294 $250,000 $250,000 rehabilitation or demolition /reconstruction of their homes. , Homebuyer Assistance Program ($5,000) 3 Provide deferred forgivable loans to low income homebuyers to assist them 296 $50,000 $50,000 with down payment and closing costs for the purchase of a home. INTERDEPARTMENTAL TOTAL $397,914 $397,914 TG 110, Inc. - Woodland Creek Apartments (CHDO) f TG 110, Inc., is proposing the demolition and reconstruction of the Woodland Creek Apartments. This complex is comprised of 94 units (100% Section 8) serving low- income families, seniors, and individuals. The development will be financed primarily through The Texas Department of $470,000 Housing and Community Affairs' Low Income Housing Tax Credits, private debt, and HOME funds though the City of Corpus Christi. Woodland Creek will serve residents at 30 %, 50 %, and 60% of area median income. Total project cost: $15,932,416 TG 110, Inc. - Lexington Manor Apartments (CHDO) TG 110, Inc. is proposing the demolition and reconstruction of the Lexington Manor Apartments. This complex is comprised of 153 units (52 as Section 8) serving low- income families, seniors, and individuals. The development 2 will be financed primarily through The Texas Department of Housing and $765,000 Community Affairs' Low Income Housing Tax Credits, private debt, and HOME funds through the City of Corpus Christi. Lexington Manor will serve residents at 30 %, 50 %, and 60% area median income. Total project cost: $21,493,268 Wesley Community Center - Wesley House 3 Wesley Community plans to renovate the former convent for residential 298 $200,000 $200,000 Housing. This grant will accommodate changes for ADA accessibility. ' CHDO Total $ 1,235,000 Subrecipients /Other Entity Total $ 200,000 $ 200,000 CCCIC Total $ 1,832,914 $ 397,914 f Total Set -Aside to be determined no later than August 1, 2013 $ 1,301,227 *HOME Subrecipient Agencies who submitted a HOME FY2013 RFP along with a Housing Tax Credit Application for funding will be awarded funding no later than August 1, 2013 after determination of which agencies received Housing Tax Credits from the Texas Department of Housing and Urban Development* CITY OF CORPUS CHRISTI FY2013 ANNUAL ACTION PLAN AMENDED ATTACHMENT "D" RECOMMENDED FY2013 CDBG PROGRAM I FY2013 CDBG Allocation Reprogrammed Funds Program Income from Demolition Liens and Propery Clearence Program Income from Rehabilitation Program (Revolving Loan Fund estimate) TOTAL FUNDS AVAILABLE FOR FY2013 CDBG PROGRAM Code Enforcement Program The Code Enforcement request is to fund staffing for salaries to support 7.25 full time employees (FTE's): 5 -Code Enforcement Property Advisors (100 %); 1- Code Enforcement Property Advisor (50 %); 1- Zoning Project Coordinator (50 %); 1- Senior Account Clerk/Administrative Support (100 %); Zoning & Code Enforcement Administrator (25 %) in the of amount of $323,296.34 which includes a total of $7,250.00 (7.25 Staff members @ $1,000.00 = 7,250.00) for training through classes, seminars and /or conferences for education opportunities and for certifications required for code enforcement. The CE Property Advisors and Zoning Project Coordinator are responsible for the inspection of properties within CDBG eligible areas for violations of approximately seventy five (75) health, safety, and welfare related City Codes. These efforts support the City Council's objective of enhancing the City Council's objective of enhancing the City of Corpus Christi "Pride" initiative through revitalization and sustainability in all CDBG eligible neighborhoods. The Zoning and Code Enforcement Administrator oversees all functions of the Code Enforcement Division including investigating and enforcing substandard structures, junked vehicles, care of premises, zoning, illegal dumping, illegal signage, open storage, accumulation of litter and solid waste, tall weeds which includes the stated approximate 75 City Ordinances. The Senior Account Clerk provides administrative support to the Code Enforcement Property Advisors and Zoning Project Coordinator by processing compliance request through the mail and researching property owner's name and address. $2,462,6 $846,1 $150,C $700,C $4.158.8 $323,296 1 $323,296 CDBG Program Administration' This project will fund staff salaries and administrative costs. Staff is responsible for administering the Community Development Block Grant (CDBG), the HOME Investment Partnership (HOME) and Emergency Solutions Grant (ESG) Programs. Staff interprets CDBG, HOME, and 2 ESG federal regulations, conducts public hearings /meetings, reviews 3 $437,000 $437,000 proposed projects and activities to determine funding and eligibility, monitors Subrecipients for program compliance, provides technical assistance, conducts environmental assessments of funding projects /activities and enforces Davis Bacon Federal wage rate requirements. Clearance of Vacant Properties Program This project consists of clearance of vacant properties in regards to the removal of accumulation of litter and solid waste and the mowing of high weeds and dangerous weeds; to include, abatement of unsightly and unsanitary matter in all CDBG eligible areas. The City may charge an abatement cost and place a lien against the properties to cover the cost incurred. Demolition Program This program consists of the demolition of substandard structures determined to be health and safety issues and 51% or more deterioration of the general structure. The demolition of these structures is an abatement measure as deemed necessary by the Building Code and Public Safety Officials. The removal of unsafe structures is a priority for neighborhood revitalization within the community and as a goal established by City Council for livable neighborhoods. Each structure will be assessed and surveyed as building case, providing the property owner an opportunity to resolve the substandard conditions within the parameters of the City's Building Codes. The substandard structures will be demolished under the authority of a judge's ruling via Environmental Municipal Court and the Demolition Grant Program that allows the property owner to voluntarily agree to have their structure demolished. Single Family Rehabilitation The Single Family Rehabilitation Loan Program benefits only low and very low income homeowners. The Program provides zero percent and three percent interest loans to homeowners interested in rehabilitating their homes. Funds requested will be used to provide rehabilitation and reconstruction loans; demolition grants; relocation grants and lead base paint grants for remedial activities. Rehabilitation Loan Program. Request of $700,000 (Loans - $487,600, Demolition - $68,575, Lead - base Paint - $22,500, Relocation - $121,325) $200,000 1 $200,000 $200,000 1 $200,000 $700,000 1 $700,000 Rehabilition Services This is the operating budget for staff that service the various housing programs administered by NSD. Included in these funds are the salaries for the staff that manage and administer the Single Family Rehabilitation Loan Program; Emergency Home Repair Grant Program; $5,000 11 $600,000 $600,000 Homebuyer Assistance Program; and the Type A Homebuyer Program. Services provided include applicant in -take, loan processing, loan settlement, Homebuyer Education Classes, construction monitoring, project estimating, and development of specifications and drawings. Mortgage Servicing Staff salaries and operational funding of our Mortgage Servicing section. Current salaries includes one Senior Account Clerk and one Senior Staff Assistant that manage the servicing of 800 loans provided through the 7 Single Family Rehabilitation Loan Program. Services includes collection 13 $85,877 $85,877 loan payments; escrowing of insurance and property taxes; paying of insurance and property taxes; providing Tax Form 1098; preparing end of year escrow analysis ; daily posting of payments; and providing release of liens on loans that are paid off. Emergency Home Repair Grant Program Emergency repair grants up to $6,500 for repairs and up to $4,500 for lead based paint remedial activities required by HUD regulations on houses built prior to 1978 . Repairs consist of roof repairs, plumbing electrical, heating, and minor structural repairs. Lead based activities may include actual work or testing required to meet the lead based paint requirements. Assistance through this program is provided to very low income homeowners who are 65 years old or older or disabled. 15 $50,000 1 $50,000 ADA Improvements ° 1 '' Design of approximately 10,000 linear feet of 5 foot wide sidewalk and 63 curb rambs along Brownlee Blvd. from S. Staples St. to Leopard St. which will be constructed in two phases. The design will separate the phases so the 9 construction from Ph I and Ph II can be bid seperately which will allow for a 17 $495,100 $398,400 future grant funding request. Ph I will construct 5,042 If. of 5 ft, wide sidewalk and 15 curb ramps from Morgan to Staples St. as this area has high pedestrian usage. This project is included in the ADA Master Plan adopted by City Council on December 11, 2012. , � Ethel Eyerly Senior Center AC Renovation" Funding requested for the replacement of two central AC units that are currently not operational. The ability to cool the building is difficult and 10 the seniors are in need to of the AC for the summer months. The 21 $201,500 $201,500 replacement of the units will include new duct work to all the rooms, new control systems to operate the system and new venting and return equipment. New units will be efficient and would reduce the operating costs of the center. La Retama Central Library Accessibility Funding requested is to construct an ADA compliant ramp in front of the Library and reconstruct the damaged entrance walkways, which are the primary way for customers to enter the building; they measure 220 linear feet. The west side, 11 north side and east side of the building have damage with the east side only having wheelchair accessibility. Funding also requested is to replace the public access elevator. The current elevator is 2" short of being ADA compliant. Access to second floor services would be impossible for individuals with disabilities or the elderly if the public elevator becomes inoperable due to repair parts being unavailable. 23 Accessible Routes in CDBG Residential Areas Phase 3 This project involves providing accessible routes in CDBG residential areas which do not have sidewalks but have heavy pedestrian traffic. This project will 12 build approximately 2,300 linear feet of 5 foot wide sidewalk and 15 ADA 25 compliant curb ramps. This will allow pedestrians with and without disabilities to travel this area in safety without architectural barriers. The proposed area is between Horne Rd, Greenwood Drive, Baldwin Ave, and Ayers St. Pedestrian travel is high in this area. $170,000 1 $170,000 $200,000 Lindale Senior Center Roofing Project I Renovation of the roofing system on the Senior Center to extend the buildings useful life and protect the assets inside the building. There are . leaks in the Arts and Crafts room and in the AC room Continued leaks 13 29 $208,000 will cause structural damage and additional costly repairs in the future if allowed to continue. The roof is a combination of "flat" roof with tar and gravel and sloped roofing with asphalt shingles at approximately 17,400 sq. ft. Fair Housing Education / Outreach / Remediation Outreach improvements to extend equal opportunity, accessibility, and fair housing through training, education, compliance, and technical assistace to citizens and providers. Through educational outreach, this program intends to meet a community by principally benefiting low income persons. In doing so, this population is preserving or exercising 14 civil protections in the process to obtain housing or to remediate and 31 $113,540 reside in an equal and fair housing environment free of slums, blight, and discrimination. The estimate number of low /moderate persons to be served is uncapped throughout the year at approximately 96 citywide public venues annually to addresss areas of concern such as: Landlord /Tenant Issues, Housing Discrimination, Dispute Resolution, Education /Outreach, and Intake Services. Ethel Eyerly Senior Center Fire Alarm System Funding requested includes a complete renovation and upgrade of the fire alarm system. Currently the system is not operational. In order to comply with Fire Marshall's requirement to use the public building, a 15 person needs to be on duty for the sole purpose of fire watch anytime the public is in the building. This means 5 days a week and anytime there is a rental of the facility, a person needs to be on fire duty to walk around the building checking for smoke and fire and evacuation of the building if a fire is detected. The alarm system would be operable 24 hours /day, 7 days /week. 33 1 $22,600 1 $22,600 Northwest Senior Center Roofing Project Northwest Senor Center roof renovation is to preserve the building, extend its useful life and stop damage to the structure of the building due 16 to water leaks in the valleys and slopes of the roof. The building is used 35 $222,500 as an activity center for seniors and as a meal provider for an average of 75 persons daily. The building is also used as a social center and events location for people in the community. Garden Senior Center Parking Lot Project Parking lot is over 25 years old and the surface is breaking down. In 17 certain areas, the sub -base has become soft and ruts and holes are 37 $546,000 forming in the driveways. Parking area needs to be smooth and well lighted to provide a minimal hazard to walking and to avoid tripping in route to the building. 77 parking spaces service the building. Residential Traffic Management Program In April 1998, the City Council approved the Residential Traffic Management Program (RTMP) which provides for installation of speed humps to improve neighborhood traffic safety on local residential streets. This program includes the possibility for residents to share in the cost of the installation of speed 18 humps under certain conditions. The purpose of this request to allocate CDBG 39 $25,000 funds to bear the installation costs in qualified CDBG eligible tracts. Thus far, since the inception of the RTMP, residential neighborhoods in CDBG areas have ' not elected or been able to participate in the RTMP due to difficulty in the residents' share of the cost. This request will allow the entire speed hump in CDBG areas to be funded by the grant and therefore there will be no cost to residents at all. Lindale Senior Center Fire Alarm System Funding requested includes a complete renovation and upgrade of the fire alarm system. Currently the system is not operational. In order to comply with Fire Marshall's requirement to use the public building, a 19 person needs to be on duty for the sole purpose of fire watch anytime the public is in the building. This means 5 days a week and anytime there is a rental of the facility, a person needs to be on fire duty to walk around the building checking for smoke and fire and evacuation of the building if a fire is detected. The alarm system would be operable 24 hours /day, 7 days /week. 41 1 $24,900 1 $24,900 Greenwood Senior Center Fire Alarm System f ° Funding requested includes a complete renovation and upgrade of the fire alarm system. Currently the system is operational, but there is almost monthly service calls needed to the Fire Alarm Service Company to keep the system operational. The main control panel is no longer 20 available, though repairs have been made, future repairs are not 43 $24,900 $24,900 possible. Several "False Alarms" are triggered each year. Currently they ' are one a month which means the Alarm Company calls staff to check on the building before Fire Dept. is called, which could cause a delay in an actual event. The new alarm system would be operable 24 hours /day, 7 days /week. Greenwood Senior Center Roofing Project Renovation of the roofing system on the Senior center to extend the buildings useful life and protect the assets inside the building. There are 21 leaks in the Arts and Crafts room and in the AC room. Continued leaks will cause structural damage and additional repairs in the future if allowed to continue. The roof is a combination of "flat" roof with tar and gravel and sloped roofing with asphalt shingles at approx. 17,200 sq. ft. Greenwood Senior Center Parking Lot Project Greenwood Senior Center parking lot is used by seniors to access the building for daily social activity and meals. The parking lot is also used by persons using the center for social events. The parking area needs to be smooth and well lighted to provide minimal hazard to walking and to 22 avoid tripping when in route to the building. The rear parking lot is the access route for delieveries to the building such as hot meals, dairy products, and building supplies. It also houses the waste disposal box which is serviced twice a week. The area around and in front of the box is in poor condition. 78 spaces service the building and the back parking lot is shared with the City /County Health Center so only half of the rear parking would be done. Ethel Eyerly Senior Center Pavilion Ethel Eyerly Senior Center Pavilion is in need of replacement. There is deterioration to the wooden support structures and to the roof decking. 23 The pavilion is used for outdoor activities and is also used for rentals and events wanting both an outdoor and indoor venue. The structure is 30x60 feet and includes lighting for night time use. There is a stone BBQ grill at the east end which will be renovated as part of the project to return the pavilion area to it's maximum usefullness. 45 1 $205,000 47 1 $566,000 49 1 $166,000 Ethel Eyerly Senior Center Renovation Project Phase 2 Funding requested would include expanding the hall or event room to the west of the entranceway, expand the office area, renovate the Heating 24 and AC system in the building, and other items as lined out in the plans. 51 $664,500 Phase I was funded out of CDBG FY2012. If Phase II is funded, the request for HVAC renovation in FY2013 will not be needed as this request covers both. Northwest Senior Center Fire Alarm System Funding requested includes a complete renovation and upgrade of the fire alarm system. Currently the system is not operational. In order to comply with Fire Marshall's requirement to use the public building, a 25 person needs to be on duty for the sole purpose of fire watch anytime the 53 $24,300 $24,300 public is in the building. This means 5 days a week and anytime there is a rental of the facility, a person needs to be on fire duty to walk around the building checking for smoke and fire and evacuation of the building if a fire is detected. The alarm system would be operable 24 hours /day, 7 days /week. Mary McLeod Bethune Day Nursery, Inc. Funding request is for a new 4,000 sq. ft. Building "C ". The John Chapman Building will be constructed on the footprint of the old Building "C ". The new Building "C" will have 2 classrooms, 2 restrooms, an activity room, an office, ajanitor's room, a foyer, and a covered porch. 55 $393,000 $393,000 The John Chapman Building will allow Bethune to continue to provide the highest quality of day care services, expand programming, and most importantly provide a safe environment for the low income and homeless students and their families. Capital Contribution: $105,000 Corpus Christi Housing Authority The Navarro Place construction of concrete drive and parking lot asphalt overlay project will consist of construction of concrete drive, 5"x18" wide by 2054 with radii, and to overlay existing parking with 1 1/2" compacted 77 $195,430 $195,430 asphalt pavement and apply traffic control striping, speed hump, and accessible symbols. Capital Contribution: $15,000 Corpus Christi Housing Authority The La Armada I New Playground project request is for an accessible playground to be placed in an open space area behind the central office. 97 $55,000 $55,000 The project will also provide for accessible walkways and ramps for participants with accessible needs. This space is 50'x56'. The playground will serve low to moderate income families. Gulf Coast Council of La Raza, Inc. The project entails the construction of a parking lot with dimensions of 200x150 or 30,000 sq. ft. The construction will be the paving of a parking lot. The school serves approximately 335 low income students 117 $330,000 per year from pre - school to 12th grade. The parking will allow for students to be dropped off and parents to park for meetings. Capital Contribution: $5,000 Nueces County Community Action Agency To provide weatherization and minor home repairs to housing for elderly - disabled and single parents and families with children 5 years and younger. Improvements will include, but not limited to, ADA 135 $100,000 ramps /bathroom modifications, replacing windows, replacing water heaters, etc., and other minor home repairs. Leverage Contribution: $461,044 Cliff Maus Village Trust Cliff Maus Village Trust operates a 110 unit apartment complex for low and very low income residents. The project will replace aging and cumbling cast iron plumbing with modern plumbing materials, protecting 151 $414,375 the health and safety of the residents while at the same time preserving the integrity of the facility. Capital Contribution: $5,000 Wesley Community Center Funds requested to cover the areas of exposed concrete around the fapade of the building to prevent further problems of falling concrete. The fapade improvement is necessary because concrete is falling on the 7 children's areas and in areas where clients enter or leave the building. 167 $200,000 The concrete blocks in the rear of the child care classrooms are uneven and present a danger to the children. Plan is to remove the concrete and crate green spaces for the children to enjoy learning activities that helps in the development of their cognitive skills. Coastal Bend Center for Independent Living $ The project shall provide barrier removal to include building ramps and 179 $100,000 home modifications for eligible individuals with disabilities within the City of Corpus Christi. Corpus Christi Metro Ministries The new Corpus Christi Metro Ministries Transformational Center will house administration offices, staff offices, community meeting rooms, 9 restrooms, storage area, and a small kitchen. The project includes the 191 $150,000 acquisition of property, securing property (fencing), environmental studies, architechtural evaluation, possible partial demolition, and possible rehabilitation. Capital Contribution: $5,000 Total Non - Profit $1,937,805 $643,430 $0 Total City Projects $6,476,013 $3,462,773 $0 Overall Total $8,413,818 $4,106,203 $0 E] AGENDA MEMORANDUM R First Reading Ordinance for the City Council Meeting of May 14, 2013 asst Second Reading Ordinance for the City Council Meeting of May 28, 2013 DATE: April 19, 2013 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha @cctexas.com (361) 826 -3932 Acceptance of a grant from the Coastal Bend Regional Advisory Council in the amount of $2,847.28 to support the Emergency Medical Service (EMS) operation. CAPTION Ordinance authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $2,847.28 to be used for the purchase of supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department; and appropriating $2,847.28 from the Coastal Bend Regional Advisory Council into the No. 1062 Fire Grant Fund to purchase supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department PURPOSE: The Costal Bend Regional Advisory Council on Trauma (RAC) has forwarded to the City a check as a grant in the amount of $2,847.28. This is a direct grant for the benefit of the City's Emergency Medical Service (EMS) operations. No application was required. The EMS Division will purchase twenty -eight EZ -10 needles at $100.00 each to stock them on the Medical Units. This is the thirteenth year the Coastal Bend Regional Advisory Council has distributed similar grants. These funds originated from the Texas Department of State Health Services and are routed to the Coastal Regional Advisory Council for distribution. Every Emergency Medical Services agency within the twelve county Coastal Bend who is actively participating in the RAC is eligible to receive a portion of these monies. The amount of funding to be received by each agency is based on the number of trauma emergencies the agency responds to on an annual basis. ALTERNATIVES If we don't accept the grant, we will have to seek alternative funding. OTHER CONSIDERATIONS None CONFORMITY TO CITY POLICY: Council approval of ordinance to accept and appropriate grant funds. EMERGENCY 1 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: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered 1 Expended Amount This item $2,847.28 $2,847.28 BALANCE $2,847.28 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: 1) Ordinance Ordinance Authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $2,847.28 to be used for the purchase of supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department; and appropriating $2,847.28 from the Coastal Bend Regional Advisory Council into the No. 1062 Fire Grant Fund to purchase supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department 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 the Coastal Bend Regional Advisory Council in the amount of $2847.28 to be used for the purchase of supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department. SECTION 2. That $2,847.28 is appropriated in the No. 1062 Fire Grant Fund to purchase supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of , ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM R First Reading Ordinance for the City Council Meeting of May 14, 2013 Second Reading Ordinance for the City Council Meeting of May 28, 2013 DATE: April 19, 2013 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha @cctexas.com (361) 826 -3932 Acceptance of a grant from the Coastal Bend Regional Advisory Council in the amount of $40,000 to support the Web Based Emergency Operations Center (WebEOC). CAPTION Ordinance authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $40,000 for the benefit of the City's Web Based Emergency Operations Center (WebEOC); and appropriating $40,000 from the Coastal Bend Regional Advisory Council into the 1062 Fire Grant Fund to purchase equipment, services, technical support, training and travel for the Corpus Christi Fire Department's WebEOC. PURPOSE: The grant will be used to support the WebEOC. BACKGROUND AND FINDINGS The Coastal Bend Regional Advisory Council (RAC) has forwarded to the City a check as a grant in the amount of $40,000. This is a direct grant for the benefit of the City's WebEOC operations. No application was required. The Office of Emergency Management (EOC) will use the funds to purchase equipment, technical support, training and travel. This is the thirteenth year that the Coastal Bend Regional Advisory Council has distributed similar grants to the Corpus Christi Fire Department. These funds originate from the Texas Department of State Health Services and are routed to the Regional Advisory Council for distribution. ALTERNATIVES If we don't accept the grant, we will have to seek alternative funding. OTHER CONSIDERATIONS None CONFORMITY TO CITY POLICY Council approval of Ordinance to accept and appropriate grant funds. EMERGENCY INON- 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 Operating Expense Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered / Expended Amount 0 This item $40,000 $40,400 BALANCE $40,000 Fund(s): Comments: None RECOMMENDATION Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS 1) Ordinance Ordinance Authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $40,000 for the benefit of the City's WebEOC operations; and appropriating $40,000 from the Coastal Bend Regional Advisory Council into the No. 1062 Fire Grant Fund to purchase equipment, services, technical support, training, and travel for the Corpus Christi Fire Department's WebEOC 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 a grant from the Coastal Bend Regional Advisory Council in the amount of $40,000 for the benefit of the City's WebEOC operations. SECTION 2. That $40,000 is appropriated in the No. 1062 Fire Grant Fund to purchase equipment, services, technical support ,training, and travel for the Corpus Christi Fire Department's WebEOC. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leaf Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor •+ • is es s'. A Iffit • Y id y; AGENDA MEMORANDUM First Reading for the City Council Meeting of May 14, 2013 Second Reading for the City Council Meeting of May 28, 2013 DATE: 5/08/2013 TO: Ronald L. Olson, City Manager THROUGH: Oscar Martinez, Assistant City Manager FROM: Gustavo Gonzalez, P. E., Director of Water Operations Gustavogo@cctexas.com 826 -1874 Amending City Code of Ordinances, Revising the City's Water Conservation Plan and Drought Contingency Plan CAPTION: Ordinance adopting the Water Conservation Plan and Drought Contingency Plan; Amending City Code of Ordinances, Chapter 55, Article XII Water Conservation, regarding water resource management including drought restrictions and surcharges, providing an effective date of June 3, 2013; and providing for penalties. PURPOSE: This amendment revises and improves the City's Water Conservation Ordinance and 2009 Water Conservation and Drought Contingency Plan. It is also a requirement of the TCEQ and TWDB to submit a revision every five years. BACKGROUND AND FINDINGS In 1986, the City of Corpus Christi adopted its first Water Conservation and Drought Contingency Plan ( "Plan "). This plan is a two part plan that promotes year round best management practices in consumer behaviors while promoting more efficient equipment to reduce the per capita consumption. The second part is the drought contingency plan which identifies temporary mandates enacted during drought critical periods to reduce water use. There are four stages of the drought as related to the combined storage levels of Choke Canyon Reservoir and Lake Corpus Christi. With the current drought entering its third year and forecasts predicting it to continue into the summer and fall season, revised plans are needed to create new conservation programs, bring clarity and adopt more restrictive measures to reduce demand on the system. The primary change to the plan was dividing it into two plans: the Water Conservation Plan (WCP) and the Drought Contingency Plan (DCP). This separation clearly distinguishes between regular, year -round best practices which should be a way of life and short -term mandates during a drought which are temporary and inconvenient to the customer. The Water Department looked to other cities around U.S. and Texas with successful conservation programs to model and adapt for a Coastal Bend application. The proposed plan has place holders for new programs that will be implemented over the next year. For example, through a very aggressive conservation program, San Antonio has been able to reduce its water demand from 225 in the 1980's to 155 gallons per capita per day (gpcd). Successful conservation measures include incentive and rebate programs, education, changes to codes, and regulations. The City already has several of these measures in place. The revised WCP includes expanding incentive programs, researching the possibility of strengthening development codes, and making the wasting of water prohibited year -round through several new regulations. The revised DCP adopts new restrictions at each drought stage. One significant change is the addition of enacting Stage 1 when Lake Texana reaches 40 percent storage capacity. The following are the changes to the DCP by stage: Stage 1: (CC /LCC Levels or Lake Texana are below 50 %) Voluntary The Current Plan: • No irrigation between 10 am and 6 pm. Watering still permitted by hand or drip irrigation, and no water waste. The Proposed Plan: • Irrigation limited to once per week. Watering still permitted by hand or drip irrigation. Stage 2: (Lake Levels are below 40 %) Mandatory The Current Plan: No irrigation between 10 am and 6 pm. Watering still permitted by hand or drip irrigation. And no water waste. Optional measures The Proposed Plan: • Irrigation limited to once per week. Watering still permitted by hand or drip irrigation. Car washing limited to watering day (except at commercial facilities). Pool /pond filling limited to watering day. No use of fountains /waterfalls. Water for foundation on watering day • In the Stage 2 Proposed Plan, the use of hydrants is limited to firefighting or activities necessary for public health and safety (construction may obtain special permit). • Non - essential water uses are prohibited (certain exemptions may be permitted): wash - down of any sidewalks, washing buildings, water for dust control, flushing gutters and /or streets, and failure to control leaks. Stage 3: (Lake Levels are below 30 %) Mandatory The Current Plan: • Irrigation limited to once every five days. Watering still permitted by hand or drip irrigation. No water waste. Optional measures The Proposed Plan: • Stage 2 measures continue and; irrigation limited to once every other week. Irrigation of golf course fairways prohibited. Water from hydrants for construction under special permit is discontinued (this measure is at discretion of City Manager) Stage 4: (Lake Levels are below 20 %) The Current Plan: • The current plan assigns allocations of water by household count. Residents are required to submit household size to determine allocation rate based on increasing block rate. Usage above the allocation is billed through increasing demand block rates. Residential water customers billed through master water meter are allocated 6,000 gallons per dwelling unit monthly. • Commercial customers are allocated 75% usage for corresponding month's billing period during previous 12 months. Industrial customers are allocated 90% of their baseline usage, which is average water usage for the 36 month period ending prior to Stage 2 implementation. The Proposed Plan: • A monthly water usage trigger point shall be established by the City Manager or designee for residential and multi -unit customers. This trigger point is the maximum amount of water that a customer can use in a month before being charged a drought rate surcharge. • The drought surcharge can be up to and including 100% of the most current water rate. • The drought surcharge will be added to the most current rate at each block. • Commercial, institutional, and industrial customers will be allocated 90% of their usage for the corresponding month's billing period in the one -year period prior to Stage 2 implementation. The process of developing the revised plans included interaction and involvement with various stakeholder groups, city departments, regional customers, commercial and industrial customers, and the general public. The revised plans were available for public review and the Water Department took every comment and suggestion into consideration when making the final version of the Plans. The current plan has been successful with conservation efforts since its first adoption, but more must be done as the population and economy of the Coastal Bend Region grow and droughts become more frequent and long- lasting. ALTERNATIVES None OTHER CONSIDERATIONS These Plans, once approved by City Council, will be submitted to TCEQ and TWDB for review and approval. CONFORMITY TO CITY POLICY Not application EMERGENCY / NON - EMERGENCY Non - emergency, two readings. DEPARTMENTAL CLEARANCES Legal; Water Resource Advisory Committee; Regional Water Customers FINANCIAL IMPACT Although the Water Department cannot project any firm figures at this time, the main financial impact will be on Revenue: Conservation efforts will result in lower revenues; however conservation helps to reduce future demand as the region grows. ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: Not applicable. RECOMMENDATION The Staff recommends approval of the Water Resource Management Ordinance and its supporting documents. LIST OF SUPPORTING DOCUMENTS Water Resource Management Ordinance Water Conservation Plan 2013 Drought Conservation Plan 2013 Ordinance adopting the Water Conservation Plan and Drought Contingency Plan; Amending City Code of Ordinances, Chapter 55, Article XII Water Conservation, regarding water resource management including drought restrictions and surcharges, providing an effective date of June 3, 2013; and providing for penalties. Section 1. The Water Conservation Plan attached as Exhibit A is hereby adopted. Section 2. The Drought Contingency Plan attached as Exhibit B is hereby adopted. Section 3. The Corpus Christi Code of Ordinances, Chapter 55, Utilities, Article XII Water Conservation, Sections 55 -150 through 55 -156, and Sections 55 -158 through 55 -159 are repealed and replaced with the following sections to read as follows: ARTICLE XII WATER RESOURCE MANAGEMENT Sec. 55 -150 Scope, purpose, and authorization (a) Scope. There is hereby established a City of Corpus Christi Water Conservation Plan and Drought Contingency Plan. The City of Corpus Christi Water Conservation Plan and Drought Contingency Plan 2013, dated May 28, 2013, a true copy of which is on file in the office of the city secretary, is adopted, and shall be followed in matters concerning water conservation, drought management_ and water subtly enhancement brourams. b) Declaration of policE. (1) It is hereby declared that the general welfare requires that the water resources available to the city be put to the maximum beneficial use to the extent to which they are capable, and that the waste or unreasonable use, or unreasonable method of use of water be prevented, and the conservation of such water is to be extended with a view to the reasonable and beneficial use thereof in the interests of the people of the area served by the city's water resources and for the public welfare. (2) In making decisions under this article concerning the allocation of water between conflicting interests, highest priority will be given to allocation necessary to support human life and health, i.e., the minimum amount of water necessary for drinking, prevention of disease, and the like. Second highest priority will be given to allocations which will result in the least loss of employment to persons whose income is essential to their families. (c) Authorization. The city manager, or his designee, upon the recommendation of the assistant city manager, public works and utilities, is hereby authorized and directed to implement the applicable provisions of this article upon their determination that such implementation is necessary protect the public welfare and safety_ (d) In this Article, "City Manager" means the City Manager or the City Manager's designee. Sec. 55 -151 Water Conservation Measures at All Times. (a) The following measures are year -round water conservation best management practices that are in effect at all times, regardless of the reservoir levels or drought contingency levels. (1) Prohibition on wasting water: Actions leading to wasting of water are prohibited and will be enforced. No person shall: a. Allow water to run off property into gutters or streets. b. Permit or maintain defective plumbing in a home, business establishment or any location where water is used on the premises. Defective plumbing includes out -of- repair water closets, underground leaks, defective or leaking faucets and taps. C. Allow water to flow constantly through a tap, hydrant, valve, or otherwise by any use of water connected to the City water system. d. Use any non - recycling decorative water fountain. e. Allow irrigation heads or sprinklers to spray directly on paved surfaces such as driveways, parking lots, and sidewalks in public right -of -ways. f. Operate an irrigation system at water pressure higher than recommended, causing heads to mist, or to operate with broken heads. (2) Time of Irrigation: Irrigation by spray or sprinklers is prohibited between the hours of 10:00 AM and 6:00 PM. It is still permissible to water by hand or by drip irrigation at any time of day, unless the City enters Stage 4 Drought. (3) Restaurant Water Saving: Commercial dining facilities must only serve water upon request. Sec. 55 -152 Drought Management: Drought Contingency Stages. (a) The level of drought severity determines the extent of potential water use restrictions that shall be implemented. Following are the levels of drought in the form of Stages: 1. Stage 1: Mild water shortage condition 2. Stage 2: Moderate water shortage condition 3. Stage 3: Severe water shortage condition 4. Stage 4: Critical water shortage condition 5. Stage 5: Emergency water shortage condition (b) Criteria for Initiation and Termination of Drought Response Stages (1) The City Manager, or designee, shall monitor water supply and /or demand conditions on a weekly basis and shall determine when conditions warrant initiation or termination of each stage, that is, when the specified "triggers" are reached. However, the City Manager, in the exercise of the City Manager's discretion, may initiate or terminate any stage when the City Manager deems necessary at any particular time. (2) The triggering criterion to be monitored for determining drought response stages is (1) the combined reservoir storage levels of Choke Canyon Reservoir and Lake Corpus Christi or (2), in the alternative for Stage 1, Lake Texana's level. (3) Whenever any of the stages listed below are triggered, the City Manager shall publish a public notice of the particular stage, in the daily newspaper of general circulation in Nueces Coun (4) To the extent of City's legal authority, the City Manager shall require the City's raw water and wholesale treated water customers to issue public notice advising t heir water customers of conservation and drought management activities consistent with the stages listed below. (c) The triggering criterions are as follows: (1) Stage 1— Mild Water Shortage Condition Requirements for initiation — The combined storage level of Choke Canyon Reservoir and Lake Corpus Christi declines below 50 percent or Lake Texana storage level declines below 40 %. Requirement for termination — Stage 1 of the Plan may be rescinded when the combined storage level of Choke Canyon Reservoir and Lake Corpus Christi increases above 60 percent or Lake Texana storage level increases above 50 %. Either of these conditions must exist for a period of 15 consecutive days before termination of Stage 1. (2) Stage 2 — Moderate Water Shortage Condition Requirements for initiation — The combined storage level for Choke Canyon Reservoir and Lake Corpus Christi declines to below 40 percent. Requirement for termination — Stage 2 of the Plan may be rescinded when the combined storage level increases above 50 percent for a period of 15 consecutive days. Upon termination of Stage 2, Stage 1 becomes operative. (3) Stage 3 — Severe Water Shortage Condition Requirements for initiation — The combined storage levels declines to below 30 percent. Requirement for termination — Stage 3 of the Plan may be rescinded when the combined storage level increases above 40 percent for a period of 15 consecutive days. Upon termination of Stage 3, Stage 2 becomes operative. (4) Stage 4 — Critical Water Shortage Condition Requirements for initiation — The combined storage levels of Choke Canyon Reservoir and Lake Corpus Christi declines to below 20 percent. Requirement for termination — Stage 4 of the Plan may be rescinded when the combined storage level increases above 30 percent for a period of 15 consecutive days. Upon termination of Stage 4, Stage 3 becomes operative. (5) Stage 5 — Emergency Water Shortage Condition Requirements for initiation — When the City Manager, or designee, determines that a water supply emergency exists based on: • A major water line breaks, or pump or system failures occur, which causes unprecedented loss of capability to provide water service, or • Water production or distribution system limitations, or • Natural or man -made contamination of the water supply source occurs. Requirement for termination — The emergency water shortage condition may be rescinded when the City Manager, or designee, deems appropriate. Sec. 55 -153. Drought Management: Drought Best Management Practices Per Stage (a) In order to achieve water use reduction during drought, a series of best management practices will be enacted and enforced at each stage of a drought. These best management practices BMP) are listed below by stage. During Stages 2, 3, and 4, requests for exceptions may be presented to the Water Allocation and Review Committee. (b) Stage 1 Response — MILD Water Shortage Conditions (1) Target: Achieve a voluntary 5% reduction in daily treated water demand relative to treated water demand with the water use restrictions below. (2) Best Management Practices for Supply Management: The City will enact voluntary measures to reduce or discontinue the flushing of water mains if practicable and utilize reclaimed water for non - potable uses to the greatest extent possible. (3) Water Use Restrictions for Reducing Demand Water customers are requested to voluntarily limit the irrigation of landscaped areas to once per week. The watering schedule will be determined by the City Manager or designee. All operations of the City of Corpus Christi shall adhere to water use restrictions prescribed for Stage 2 of the Plan. C. Water customers are requested to practice water conservation and to minimize or discontinue water use for non - essential burboses. ( c) State 2 Response— MODERATE Water Shortage Conditions (1) Target: During Stage 2, achieve a 10% reduction in daily treated water demand relative to treated water demand with the water use restrictions below. (2) Best Management Practices for Supply Management: In addition to the best management practices for supply management listed under Stage 1, the City will also do the following during Stage 2: a. Use more repair crews if necessary to allow for a quicker response time for water -line leak repair, and b. City crews (Water and other departments) begin monitoring customers' combliance with Stage 2 restrictions during the course of their dailv rounds. (3) The following water use restrictions shall apply to all persons during Stage 2: a. Irrigation of landscaped areas with hose -end sprinklers or automatic irrigation systems shall be limited to once per week. The watering schedule will be determined by the City Manager or designee. Customers will be made aware of their designated watering day in accordance with Drought Contingency Plan. However, irrigation of landscaped areas is permitted on any day if it is by means of a hand -held hose (with positive shutoff nozzle), a faucet filled bucket or watering can of five (5) gallons or less, or drip irrigation system with a positive shutoff device. Exceptions for this restriction maybe permitted, upon review and approval by the Water Allocation and Review Committee, for the following uses: new plantings for up to 60 days), vegetable gardens, athletic playing fields, and botanical gardens. In addition, this restriction does not apply to customers irrigating with well water or an aerobic septic system. Customers irrigating with well water or an aerobic septic system must apply for a permit from the City Water Department to be prominently posted on the premises within two (2) feet of the street number located on the premises. b. Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is prohibited except on designated watering days. However, washing of boats and /or flushing of boat motors is permitted upon immediate exit of water body. Such washing, when allowed, shall be done with a hand- held bucket or a hand -held hose equipped with a positive shutoff nozzle for quick rinses. Vehicle washing may be done at any time on the immediate premises of a commercial car wash. Further, such washing may be exempted from these regulations upon review and approval by the Water Allocation and Review Committee if the health, safety, and welfare of the public is contingent upon frequent vehicle cleansing, such as garbage trucks and vehicles used to transport food and perishables. c. Use of water to fill, refill, or add to any indoor or outdoor swimming pools, wading pools, or Jacuzzi -type pools is prohibited except on designated watering days. d. Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life. e. Use of water from hydrants shall be limited to fire fighting, related activities, or other activities necessary to maintain public health, safety, and welfare, except that use of water from designated fire hydrants for construction purposes may be allowed under special permit from the City of Corpus Christi Water Department. f Use of water for the irrigation of golf course greens, tees, and fairways is prohibited except on designated watering days. However, if the golf course utilizes a water source other than that provided through City of Corpus Christi Water Department infrastructure, the facility shall not be subject to these regulations. g. The use of water to maintain integrity of building foundations is limited to designated watering days and is only permitted by use of hand -held hose or drip irrigation. h. The following uses of water are defined as non - essential and are prohibited: 1) Wash -down of any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard - surfaced areas, except if it is in the interest of public health and safety. 2) Use of water to wash down buildings or structures for purposes other than immediate fire protection without permit granted by the Water Allocation and Review Committee. 3) Use of water for dust control without permit granted by the Water Allocation and Review Committee. (d) Stage 3 Response — SEVERE Water Shortage Conditions (1) Target: During Stage 3, achieve a 15% reduction in total daily treated water demand relative to treated water demand with the water use restrictions below. (2) Best Management Practices for Supply Management: In addition to the best management practices for supply management listed under Stage 2, the City will also do the following during Stage 3: a. Eliminate the flushing of water mains unless required for decontamination and /or public safety, and b. Review customers' water usage for compliance based on the previous month's water use and notify violators verbally or in writing as the situation dictates. (3) Water Use Restrictions for Demand Reduction: All requirements of Stage 2 shall remain in effect during Stage 3 except as modified below: a. Irrigation of landscaped areas shall be limited to once every other week. The watering schedule will be determined by the City Manager or designee. Customers will be made aware of their designated watering day. However, irrigation of landscaped areas is permitted on any day if it is by means of a hand -held hose (with bositive shutoff nozzle)_ a faucet filled bucket or watering can of five (5) gallons or less, or drip irrigation system with a positive shutoff device. Exceptions for this restriction may be permitted, upon review and approval by the Water Allocation and Review Committee, for the following uses: new plantings (for up to 60 days), vegetable gardens, athletic playing fields, and botanical gardens. In addition, this restriction does not apply to customers irrigating with well water or an aerobic septic system. Customers irrigating with well water or an aerobic septic system shall still apply for a permit from the City Water Department to be prominently posted on the premises within two (2) feet of the street number located on the bremises. b. The watering of golf course fairways is prohibited. The watering of greens and tees are limited to once every other week unless the golf course utilizes a water source other than that provided through City of Corpus Christi Water Department infrastructure or done by means of hand -held hoses, hand -held buckets, or drip irrigation. (4) During Stage 3, the following measures are optional water use restrictions that may be implemented by the City Manager, or designee as conditions warrant: a. The use of water for construction purposes from designated fire hydrants under special permit is to be discontinued. b. For residential and multi -unit customers, a drought surcharge of up to and including 100% of the current water rate may be added to the customers' bill to deter discretionary water use. (e) Stage 4 Response — CRITICAL Water Shortage Conditions (1) Target: During Stage 4, achieve a 30% or greater reduction in daily treated water demand relative to treated water demand with the water use restrictions below. An additional surcharge will be added to each utility bill during Stage 4 water shortage conditions to discourage discretionary water use, as described in Section 55 -154 for retail customers and Section 55 -159 for wholesale customers. (2) Best Management Practices for Supply Management: In addition to the best management practices for supply management listed under Stage 3, the City will also do the following during Stage 4: • Upon written notice, disconnect the water meters of willful violators if absolutely necessary to prevent the deliberate wasting of water. (3) Water Use Restrictions for Demand Reduction: All requirements of Stage 2 and 3 shall remain in effect during Stage 4 except as modified below: a) Irrigation of landscaped areas shall be prohibited at all times. b) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle not occurring on the premises of a commercial car wash and not in the immediate interest of public health, safety, and welfare is prohibited. c) The filling, refilling, or adding of water to swimming pools, wading pools, and jacuzzi -type pools, and water parks (unless utilizing water from a non -city alternative source) is prohibited. d) The use of water to maintain the integrity of a building foundation is still permitted on the designated Stage 3 watering day. (4) During Stage 4, the following measures are optional water use restrictions that may be implemented by the City Manager, or designee, as conditions warrant: a) No Mplication for new, additional, expanded, or increased -in -size water service connections, meters, service lines, pipeline extensions, mains, or water service facilities of any kind shall be approved, and time limits for approval of such applications are hereby suspended for such time as this drought response stage shall be in effect. b) For residential and multi -unit customers, a drought surcharge of up to and including 100% of the current water rate may be added to the customers' bill to deter discretionary water use. (f) Stage 5 Response — EMERGENCY Water Shortage Conditions (1) Target: During Stage 5, achieve a 50% or greater reduction in daily treated water demand relative to treated water demand with the below water use restrictions. Surcharges and reduced allocations are enforceable during Stage 5 water shortaue conditions. as described in Section 55 -154. 10 During emergency conditions such as system outage, supply source contamination, or supply sources draining empty, alternative water sources and /or alternative delivery mechanisms may be necessary with prior approval of the City Manager. For emergency water shortage conditions associated with contamination of Nueces Basin stored supplies, the City, under the City Manager's direction, will cease pumping from the Nueces River and will contact the LNRA to identify additional, temporary water that may be available from Lake Texana on a short-term basis to meet essential water needs. For emergency water shortage conditions associated with contamination of Lake Texana supplies, the City, under the City Manager's direction, will cease pumping from the Mary Rhodes Pipeline. (2) Best Management Practices for Supply Management: In addition to the best management practices for supply management listed under Stage 4, the City will also do the following: • Call the 10 largest water customers in the area affected by the emergency condition, and if necessary, use runners in key areas to begin spreading the message of a major outage. (3) Water Use Restrictions for Demand Reduction: During Stage 5, all requirements of Stage 2, 3, and 4 shall remain in effect during Stage 5 except as modified below: a) Irrigation of landscaped areas is absolutely_ prohibited. b) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is absolutely prohibited c) Associated uses of business process water shall, such as equipment washing, shall be deferred until the Stage 5 emergency has been terminated. (4)During Stage 5, the following measures are optional water use restrictions that may be implemented by the City Manager, or designee, as conditions warrant: For residential and multi -unit customers, a drought surcharge of up to and including 100% of the current water rate may be added to the customers' bill to deter discretionary water use. 11 Sec. 55 -154. Surcharges for Drought Stages 3, 4 — 5 and Service Measures (a) General (1) The surcharges established herein are solely intended to regulate and deter the use of water during a period of serious drought in order to achieve necessary water conservation. The City Council expressly finds that the drought poses a serious and immediate threat to the public and economic health and general welfare of this community and that the surcharues and other measures adopted herein are essential to protect said public health and welfare. (2) This section, and the surcharges and measures adopted herein are an exercise of the City's regulatory and police power, and the surcharges and connection fees are conservation rates intended to meet fixed costs as a result of lost revenue. (3) The City Manager or designee is authorized to determine trigger points and surcharges during Stages 3, 4 and 5 Emergency Water Shortage conditions. (4) In this section, institutional customer means city utility customer which operates as a not - for - profit entity_ (5) A customer may appeal an allocation or drought surcharge triggering point established under this Section to the Water Allocation and Review Committee on grounds of unnecessary hardship. (b) Residential water customers, who are not billed throy h a master water meter. 1. A monthly water usage trigger point shall be established by the City Manager or designee for residential customers. This trigger point is the maximum amount of water that a customer can use in a month before being charged a drought rate surcharge. 2. The drought surcharge can be up to and including 100% of the most current water rate. 3. The drought surcharge will be added to the most current rate at each block. c) Residential customers who are billed from a master water meter. 1. A monthly water usage trigger point shall be established by the City Manager or designee for residential customers. This trigger point is the maximum amount of water that a customer can use in a month before being charged a drought rate surcharge. 2. The drought surcharge can be up to and including 100% of the most current water rate. 3. The drought surcharge will be added to the most current rate at each block. 12 (d) Commercial or institutional customer (1) A monthly water usage allocation shall be established by the City Manager or designee for each commercial or institutional customer. (2) Method of establishing allocation: a. When the combined reservoir capacity is less than 20% of total capacity (Stage 4). the commercial or institutional customer's allocation shall be 90 percent of the customer's usage for the corresponding month's billing period during the previous 12 months prior to the implementation of Stage 2 condition. b. If the customer's billing history is shorter than 12 months, the monthly average for the Deriod for which there is a record shall be used for anv monthly period for which no history exists. c. Provided, however, a customer, 90 percent of whose monthly usage is less than 6,000 gallons, shall be allocated 6,000 alb lons. d. The City Manager shall give best effort to see that notice of each commercial or institutional customer's allocation is mailed to such ri i etnm er e. If, however, the customer does not receive such notice, it shall be the customer's responsibility to contact the City' Utilities Billing Office to determine the allocation_ and the allocation shall be fullv effective notwithstanding lack of receipt of written notice. f. Upon request of the customer or at the initiative of the City Manager, the allocation may be reduced or increased by the City Manager, 1. if one nonresidential customer agrees to transfer Dart of its allocation to another nonresidential customer, or 2. if other objective evidence demonstrates that the designated allocation is inaccurate under Dresent conditions. (e) Industrial customers, who use water or processing. (1) A monthly water usage allocation shall be established by the City Manager or designee for each an industrial customer, which uses water for processing (e.g., an industrial customer). 13 (2) Method of establishing allocation. a. When the combined reservoir capacity of Choke Canyon Reservoir and Lake Corpus Christi is less than 20% of total capacity (Stage 4), the industrial customer allocation shall be 90 percent of the customer's usage for the corresponding month's billing period during the previous 12 months prior to the implementation of Stage 2 condition. b. If the customer's billing history is shorter than 12 months, the monthly average for the period for which there is a record shall be used for any monthly period for which no history exists. C. The City Manager shall give his best effort to see that notice of each industrial customer's allocation is mailed to such customer. d. If, however, the industrial customer does not receive such notice, it shall be the customer's responsibility to contact the City Utilities Billing Office to determine the allocation_ and the allocation shall be fully effective notwithstanding lack of receipt of written notice. e. Upon request of the industrial customer or at the initiative of the City Manager, the allocation may be reduced or increased by the City Manager, if: 1. The designated period does not accurately reflect the customer's normal water usaue because customer had to shut down a major processing unit for overhaul during the period. 2. The customer has added or is in the process of adding significant additional processing capacity_ 3. The customer has shut down or significantly reduced the production of a major processing unit. 4. The customer has previously implemented significant bermanent water conservation measures. 5. The customer agrees to transfer part of its allocation to another industrial customer. 6. Other objective evidence demonstrates that the designated allocation is inaccurate under bresent conditions. (f9 Commercial, institutional, and industrial customers shall pay the ollowin surchar ems: 14 (1) Customers whose allocation is 6,000 gallons through 20,000 gallons per month: a. $5.00 per 1,000 gallons for the first 1,000 gallons over allocation. b. $8.00 per 1,000 gallons for the second 1,000 gallons over allocation. c. $16.00 per 1,000 gallons for the third 1,000 gallons over allocation. d. $40.00 for each additional 1,000 gallons over allocation. (2) Customers whose allocation is 21.000 uallons Der month or more: a. One times the block rate for each 1,000 gallons in excess of the allocation up through 5 percent above allocation. b. Three times the block rate for each 1,000 gallons from 5 percent through 10 percent above allocation. c. Five times the block rate for each 1,000 gallons from 10 percent through 15 percent above allocation. d. Ten times the block rate for each 1,000 gallons more than 15 percent above allocation. e. The surcharges shall be cumulative. f. As used herein, "block rate" means the charge to the customer per 1,000 gallons at the regular water rate schedule at the level of the customer's a� � nra4i nn (g) Nonresidential customer is billed from a master meter (1) When a nonresidential customer is billed from a master meter which jointly measures water to multiple residential dwelling units nits (for example: apartments, mobile homes), the customer may pass along any surcharges assessed under this plan to the tenants or occupants, provided that: a. The customer notifies each tenant in writing: 1. That the surcharge will be passed along. 2. How the surcharge will be apportioned. 3. That the landlord must be notified immediatelv of anv Dlumbin leaks. 4. Methods to conserve water (which shall be obtained from the City). 15 b. The customer diligently maintains the plumbing system to prevent leaks. c. The customer installs water saving devices and measures (ideas for which are available from the City) to the extent reasonable and practical under the circumstances. (h) Water service to the customer may be terminated under the following conditions: (1) Monthly residential water usage exceeds allocation by 4,000 gallons or more two or more times (which need not be consecutive months). (2) Monthly water usage on a master meter which jointly measures water usage to multiple residential dwelling units exceeds allocation by 4,000 gallons times the number of dwelling units or more two or more times (which need not be consecutive months). (3) Monthly nonresidential water usage for a customer whose allocation is 6,000 gallons through 20,000 gallons exceeds its allocation by 7,000 gallons or more two or more times (which need not be consecutive months). (4) Monthly nonresidential water usage for a customer whose allocation is 21,000 gallons or more exceeds its allocation by 15 percent or more two or more times (which need not be consecutive months). (5) For residential customers and nonresidential customers whose allocation does not exceed 20,000 gallons, after the first disconnection water service shall be restored upon request for a fee of $50. (6) For such customers, after the second disconnection, water service shall be restored within 24 hours of the request for a fee of $500. (7) If water service is disconnected a third time for such customer, water service (8) shall not be restored until the City re- enters a level of water conservation less than Stage 3.For master meter customers, the service restoration fees shall be the same as above times the number of dwelling units. (9) For nonresidential customers whose allocation is 21,000 gallons per month or more: a. After the first disconnection, water service shall be restored for a fee in the amount of "X" in the following formula: X = $ 50 x Customer's Allocation in gallons / 20,000 gallons b. After the second disconnection for said customers, water service shall be restored within 24 hours of the request for a fee of 10 times "X". c. If water service is disconnected a third time for such customer, water service shall not be restored until the City re- enters a level of water conservation less than Stage 3. 16 d. The City Manager is directed to institute written guidelines for disconnection of water service under this provision, which will satisfy minimum due process requirements, if any_ (i) It shall be a defense to imposition of a surcharge hereunder, or to termination of service, that water used over allocation resulted from loss of water through no fault of the customer (for example, a major water line break) for the following conditions: 1. The customer shall have the burden to prove such defense by objective evidence (for example, a written certification of the circumstances by a p lumber). 2. A sworn statement may be required of the customer. 3. This defense shall not apply if the customer failed to take reasonable steps for upkeep of the plumbing system, failed to reasonably inspect the system and discover the leak, failed to take immediate steps to correct the leak after discovered, or was in any other way negligent in causing or permitting the loss of water. (j) When this section refers to allocation or water usage periods as "month," monthly," "billing period," and the like, such references shall mean the period in the City's ordinary billing cycle which commences with the reading of a meter one month and commences with the next reading of that meter which is usually the next month. (1) The goal for the length of such period is 30 days, but a variance of two days, more or less, will necessarily exist as to particular meters. (2) If the meter reader system is prevented from timely reading a meter by any obstacle which is attributable to the customer, the original allocation shall apply to the longer period without modification. Sec. 55 -155. Water Allocation and Review Committee, establishment, composition, powers, and duties. (a) The Water Allocation and Review Committee ( "Committee ") may, in writing, grant a temporary variance to any of the provisions for water users found in this Article XII upon Committee determination that failure to grant such variance would cause an emergency condition adversely affecting the public health, sanitation, or fire protection for the public or person requesting such a variance. (b) A person requesting an exemption from the provisions of this Ordinance shall file an exemption request on City- provided application for variance with the City Water Department within 5 days after a particular drought response stage has been invoked. All exemption request forms shall be reviewed by the Committee, and shall include the following: 17 1. Name and address of the water user(s). 2. Purpose of water use. 3. Specific provision(s) of the Ordinance from which the water user is requesting relief. 4. Detailed statement as to how the specific provision of the Ordinance adversely affects the water user or what damage or harm will occur to the water user or others if water user complies with this Plan. 5. Description of the exemption requested 6. Period of time for which the exemption is souk 7. Alternative water use restrictions or other measures the water user is taking or proposes to take to meet the intent of this Plan and the compliance date. 8. Other pertinent information, or as required on permit application ( c) No exemption shall be retroactive or otherwise justify any violation of this Plan occurring prior to the issuance of the exemption. (d) The Water Allocation and Review Committee ( "Committee ") shall be composed of seven (7) members: the Assistant City Manager for Public Works and Utilities, the Director of Public Health, a representative of industry, a representative of business or commerce, one non - profit representative, and two citizens of the city. The industry, business, non - profit, and citizen members shall be appointed by the Mayor and Council and shall serve at the pleasure of the City Council. In addition, seven (7) alternate members shall be appointed. Each alternate shall serve in place of his/her respective regular Committee member whenever that regular Committee member is unavailable to participate. The City Manager shall appoint alternates for the Assistant City Manager for Public Works and Utilities and the Director of Public Health. The Mayor and Council shall appoint alternates for the industry, business, non - profit, and citizen members of the Committee. Alternate members appointed shall have qualifications similar to those of their respective regular member. An alternate serving in place of a regular Committee member shall exercise the same powers and have the same duties as a regular member. (e) The Committee shall consider requests of water users for special consideration to be given as to their respective particular circumstances and the Committee shall hear and decide such requests in an open meeting and is hereby authorized to, in special cases, grant such variance from the terms of this plan if such compliance would cause an emergency condition adversely affecting the public health, sanitation, or fire protection for the public or person requesting such a variance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this plan will result in unnecessary hardship, and so that the spirit of this plan shall be observed and substantial justice done. (1) Should a permit for special exception be granted by such Committee, it shall be in effect from the time of granting through the termination of the then current stage, unless revoked by 18 the Committee for noncompliance, provided, that the permit is prominently_ posted on the premises within two (2) feet of the street number located on the premises. (g) Should written protest be received in the Office of the City Secretary after the granting of any such special permit, the Committee shall consider the revocation of such permit and shall reconsider the granting of such permit at a public hearing, notice of which shall have been given at least 72 hours prior to the holding of such hearing After the conclusion of such hearing, the Committee shall take such action by way of revocation of such permit, or refusal to revoke the same, or modification of such permit as the Committee may deem proper under the circumstances. (h) Complaints regarding noncompliance of any permit granted by the Committee shall be submitted through the City Water Department to the Committee for its review. The Committee may decide to revoke or modify the permit, or leave the permit in place. Violations of any hermit condition may be enforced under Section 55 -156. Sec. 55 -156 Violations, penalties, and Enforcement (a) A violation under this article is a Class C misdemeanor. Any person that violates any provision of this article shall be subject to a fine of not more than five hundred dollars ($500.00) per violation per day. The culpable mental state required by Section 6.02 of the Texas Penal Code is specifically negated and dispensed with and a violation of this article is a strict liability offense. (b) The commission of a violation of each provision, and each separate violation thereof, shall be deemed a separate offense, in and upon conviction thereof, shall be fined as hereinabove provided. (c) If any person or a second person in the same household or premises, is found guilty of a second violation of this article, the water superintendent shall be authorized to discontinue water service to the premises where such violation occurs. (d) Cases filed under this section shall be expedited and given preferential setting in municipal court before all other cases. (e) Any person whose name is on file with the utilities billing office as the customer on the water account for the property where the violation occurs or originates shall be presumed to be the violator, and proof that the violation occurred on said premises shall constitute prima facie evidence that the customer committed the violation, but said customer shall have the right to show that he did not commit the violation. ( If any person fails to respond to a citation or summons issued for a violation of this article within the time allowed, upon receipt of notice from the director or a judge of the municipal courts, the water superintendent is authorized to discontinue water service to the premises where such violation occurs. 19 Sec. 55 -157 Effluent distribution, permit and regulations Sec. 55 -158. - Operations plan for reservoir system. To maximize the amount of water reliably available to the city and its water customers, the city manager shall operate the Lake Corpus Christi /Choke Canyon Reservoir System as follows: (1) A minimum of two thousand (2,000) acre -feet per month will be released from Choke Canyon Reservoir to meet conditions of the release agreement between the City of Corpus Christi and the Texas Parks and Wildlife Debartment. (2) In order to provide maximum dependable yield from the two (2) reservoirs, the water level in Lake Corpus Christi will be allowed to drop to elevation seventy -four 74) feet before water is released from Choke Canyon Reservoir in excess of the two thousand (2,000) acre -feet per month requirement. (3) Under the Agreed Order of the Texas Natural Resource Conservation Commission under Certificate of Adjudication No. 21 -3214, City shall (1) reduce targeted inflows of water to Nueces Bay to 1200 acre feet when reservoir system storage falls below forty (40) per cent of capacity, and (2) suspend targeted inflows when reservoir system storage falls below thirty (30) per cent of capacity_ Sec. 55 -159. Procedures for allocating water to raw water and wholesale treated water customers on a pro rata basis during a water shortage. (a) In the event that the triggering criterion specified in Section 55 -152 for Stage 3 have been met, the City Manager, or designee, is hereby authorized to initiate allocation preparations of water supplies on a pro rata basis to raw water and wholesale treated water customers in accordance with Texas Water Code §11.039. (1)A raw water or wholesale treated water customer's monthly allocation shall be a percentage of the customer's water usage baseline. The percentage will be set by resolution of the city council based on the city manager's assessment of the severity of the water shortage condition and the need to curtail water diversions and deliveries, and may be adjusted periodically by resolution of the city council as conditions warrant. Once pro rata allocation is in effect, water diversions by or deliveries to each raw water or wholesale treated water customer shall be limited to the allocation established for each month. (2)A monthly water usage allocation shall be established by the City Manager, or the City 20 Manager's designee, for each raw water or wholesale treated water customer. The raw water or wholesale treated water customer's water usage baseline will be computed on the average water usage by month for the previous five -year period. If the raw water or wholesale treated water customer's billing history is less than five (5) years, the monthly average for the period for which there is a record shall be used for any monthly period for which no billing history exists. Q)The City Manager shall provide notice, by certified mail, to each raw water or wholesale treated water customer informing them of their monthly water usage allocations and shall notify the news media and the Executive Director of the Texas Commission on Environmental Quality upon initiation of pro rata water allocation. (4)Upon request of the raw water or wholesale treated water customer or at the initiative of the City Manager, the allocation may be reduced or increased if: a. The designated period does not accurately reflect the raw water or wholesale treated water customer's normal water usage, b. The customer agrees to transfer part of its allocation to another raw water or wholesale treated water customer, or c. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. A customer may appeal an allocation established under this section to the City Council of the City of Corpus Christi. Pro Rata Surcharges and Enforcement (1) During any period when pro rata allocation of available water supplies is in effect, wholesale customers shall pay the following surcharges on excess water diversions: a. 2.0 times the normal water charge per unit for water diversions and /or deliveries in excess of the monthly allocation up through 5 percent above the monthly allocation. b. 2.5 times the normal water charge per unit for water diversions and/or deliveries in excess of the monthly allocation from 5 percent through 10 percent above the monthly . c. 3.0 times the normal water charge per unit for water diversions and /or deliveries in excess of the monthly allocation from 10 percent through 15 percent above the monthly allocation. d. 3.5 times the normal water charge per unit for water diversions and/or deliveries more than 15 bercent above the monthlv allocation. (c) Variances. (1) The city manager, or the City Manager's designee, may, in writing, grant a temporary variance to the bro rata water allocation bolicies brovided by this section if it is determined 21 that failure to grant such variance would cause an emergency condition adversely affecting the public health, welfare, or safety, and if one (1) or more of the following conditions are met: a. Compliance cannot be technically accomplished during the duration of the water supply shortage or other condition for which the plan is in effect. b. Alternative methods can be implemented which will achieve the same level of reduction in water use. (2) Raw water or wholesale treated water customers requesting an exemption from the provisions of this section shall file a petition for variance with the City Manager within five (5) days after pro rata allocation has been invoked. (3) All petitions for variances shall be reviewed by the City Council, and shall include the following: a. Name and address of the petitioner(s). Detailed statement with subbortinu data and information as to how the bro rata allocation of water under the policies and procedures established in this section adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this section. c. Description of the relief requested. I Period of time for which the variance is sought. e. Alternative measures the petitioner is taking or proposes to take to meet the intent of this section and the compliance date. f Other pertinent information. (4) Variances granted by the City Council shall be subject to the following conditions, unless waived or modified by the City Council. a. Variances granted shall include a timetable for compliance. b. Variances granted shall expire when the pro -rata allocation of water to raw water or wholesale treated water customers is no longer in effect, unless the petitioner has failed to meet specified requirements. c. No variance shall be retroactive or otherwise justify any violation of this section occurring prior to the issuance of the variance. (d) Contractual remedies not affected. Nothing in this section supersedes any remedies ii available to the City under any contract with a raw water or wholesale treated water customer due to the customer's failure to adopt or impose water conservation measures required by the contract. 23 Section 4. This ordinance takes effect on June 3, 2013. Section 5. Severability It is hereby declared to be the intention of the City that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such declaration shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would not have been enacted by the City without the incorporation into this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. Section 6. The change in law made by this Ordinance applies only to an offense committed on or after the effective date of this Ordinance. An offense committed before the effective date of this Ordinance is governed by the Ordinance in effect when the offense was committed, and the former Ordinance is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Ordinance if any element of the offense occurred before that date. 24 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of , ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor Water Conservation Plan 2013 City of Corpus Christi, Texas *Cover Photo credit to Fred Pena* 1 . Introduction ................................................................................................. ..............................1 1.1. Background of the Water Department ....................................................... ............................... 1 1.2. Purpose of the Plan .................................................................................... ............................... 2 1.3. Public Involvement ..................................................................................... ............................... 2 1.4. Organization of the Water Conservation Plan ............................................ ............................... 2 2 . Supply Profile ............................................................................................... ..............................4 2.1. Supply Sources ............................................................................................ ..............................4 2.2. Potential Future Sources ............................................................................ ............................... 7 2.3. Water Customers ....................................................................................... ............................... 7 2.4. Water Treatment Plant .............................................................................. ............................... 8 2.5. Distribution ................................................................................................. ..............................8 2.6. Master Meter .............................................................................................. ..............................8 2.7. Wastewater Utility Profile ........................................................................... ..............................8 3 . Demand Profile ............................................................................................ ..............................9 3.1. Current population ..................................................................................... ..............................9 3.2. Raw Water Diversions ................................................................................ .............................10 3.3. Other Raw Water Demands ....................................................................... .............................11 3.4. Treated Water Demands ............................................................................ .............................11 3.5. Seasonal Demands ..................................................................................... .............................13 3.6. Projected Populations and Demands ........................................................ .............................14 4 . Goals ........................................................................................................... .............................16 4.1. Benefits of conservation ............................................................................. .............................16 4.2. Water planning /conservation goals ......................................................... ............................... 16 4.3. Five and ten -year quantifiable conservation goals ...................................... .............................17 4.4. Schedule for Implementing Plan .............................................................. ............................... 18 S. Water Conservation Practices .................................................................... ............................... 20 5 .1. Introduction .............................................................................................. ............................... 20 5.2. Water Conservation Measures ................................................................. ............................... 20 5.2.1. Prohibition on Wasting Water ....................................................... ............................... 21 5 .2.2. Irrigation Timing ................................................................................ .............................21 5.2.3. Restaurant Water Saving ............................................................... ............................... 21 5 .3. Future Updates to Codes .......................................................................... ............................... 21 5 .4. Landscape Standard .................................................................................. ............................... 22 Table of Contents i 5.5. Rebates and Incentive Programs .............................................................. ............................... 23 5 .5.1. Plumbers to People ........................................................................ ............................... 23 5.5.2. Rainwater Harvesting Rebates ....................................................... ............................... 23 5.5.3. Irrigation Consultation Program .................................................... ............................... 23 5 .6. City -Led Programs ..................................................................................... ............................... 24 5.6.1. Use of Reclaimed Water ................................................................ ............................... 24 5.6.2. Improvements to City -Owned Properties ...................................... ............................... 25 5.6.3. Identifying and Repairing Leaks ..................................................... ............................... 25 5.6.4. Park Water Conservation ............................................................... ............................... 25 5.6.5. Metering All Connections ............................................................... ............................... 26 5 .6.6. Record Management ....................................................................... .............................26 5.6.7. System Water Audit and Water Loss ............................................. ............................... 27 5.6.8. Water Conservation Staff ............................................................... ............................... 28 5 .7. Education .................................................................................................... .............................28 5 .7.1. School Education .............................................................................. .............................29 5 .7.2. Public Information ............................................................................ .............................30 5.7.3. Water -Wise Landscape Design and Conservation Program .......... ............................... 32 5.8. Water Conservation Pricing ...................................................................... ............................... 33 5.9. Coordination with Region N (Coastal Bend) Water Planning Group ....... ............................... 33 5.10. Method to Monitor the Effectiveness of the Conservation Plan .............. .............................34 5.11. Means of Implementation and Enforcement ........................................... .............................34 5.12. Reservoir Systems and Operating Plan ..................................................... .............................34 6. Wholesale Customer Conservation ............................................................ ............................... 35 6.1. Introduction .............................................................................................. .............................35 6.2. Wholesale Customer Targets and Goals ................................................... .............................35 6.3. Metering, Monitoring, and Records Management ................................... .............................36 6.4. Leak Detection and Repair ........................................................................ .............................36 6.5. Contractual Requirements ........................................................................ .............................36 6.6. Reservoir System Operating Plan ............................................................. .............................38 Appendices A. Water and Wastewater Utility Profile ................................... ............................... 39 B. TCEQ 2001 Agreed Order on Freshwater Inflows ................... ............................... 54 C. Corpus Christi Water Rates ................................................... ............................... 65 D. Reservoir Operating Plan ...................................................... ............................... 66 Table of Contents ii Water Conservation Plan 1. Introduction This Water Conservation Plan (WCP) is a guidebook and reference manual for the City of Corpus Christi Water Department, its partners and customers. This introduction chapter outlines the background of the City of Corpus Christi's Water Department, the purpose and reasoning of the WCP, expected results, and an overview of its layout and organization. 1.1 Background of the Water Department The City of Corpus Christi Water Department is a water utility that has been in operation for over 100 years. It currently serves nearly 500,000 residents of Corpus Christi and the Coastal Bend Region. Its mission is to effectively manage the City's water supply, production, and distribution system through the operation and maintenance of the water supply system in order to meet water supply needs; to provide safe drinking water that meets state and federal regulations; to review the design and construction of water facilities that ensure water system reliability and adequacy to meet projected growth requirements; and to identify and meet consumer needs and expectations. Our services strategy is to maintain a sufficient supply of water to meet the future growth of our community; to improve efficiency and productivity to support customer satisfaction; and to protect the environment. The Water Department supplies water for municipal and industrial use in a seven - county service area. Major raw (untreated) water customers include municipalities (Alice Water Authority, Beeville Water Supply District, City of Mathis, San Patricio Municipal Water District) and industries (Celanese and Flint Hills Resources). Treated water customers include Nueces County Water Improvement District No. 4 (Port Aransas), San Patricio Municipal Water District, South Texas Water Authority, and the Violet Water Supply Corporation. The Water Department operates a water laboratory and water maintenance activity that oversees the repair and replacement of transmission and distribution service water lines. The Water Department stays in full compliance with all state and federal requirements. The Water Department also has a well - established conservation program. The City was the first in Texas to develop a Drought Contingency Plan in 1986, which served as a guide for state officials. Since 1988 they have had a conservation coordinator and /or team of professionals developing and implementing outreach programs to help reduce water waste and improve efficiency. Conservation outreach includes everything from school education to the Xeriscape Garden and is explained in detail in Chapter 5. 1.2 Purpose of the Plan The purpose of this WCP is to ensure long -term water security and efficiency for the residents and businesses served by the Corpus Christi Water Department. This long -term planning and management is critical so that supplies of water will always meet and exceed the demands of Coastal Bend customers. It allows water supplies to be sustainable as the region grows. Short - term water security and planning during dry times is explained in a separate Drought Contingency Plan, which is included as a supporting document. As a water supplier, the City of Corpus Christi is also required to have its Plan adhere to Title 30, of the Texas Administrative Code (TAC) Chapter 288 (30 TAC § 288). This Plan contains all of the provisions required in 30 TAC § 288, including conservation plans for municipal users and wholesale providers, and a drought contingency plan. General and specific goals of the Plan are explained in Chapter 4 1.3 Public Involvement The City provided opportunity for citizens to receive information about the Plan, to make comments and to provide input into the preparation of the WCP at a public meeting held on April 17, 2013. A Public Notice was published in the Corpus Christi Caller -Times with the date, time and location of the meeting. Notice was also posted on the City's website ( .cctexas.com In addition, copies of the Water Conservation Plan draft were distributed to several public locations around the City and were published on the City's website. 1.4 Organization of the Water Conservation Plan This revised WCP is organized in a way to make information easy to find and understand. Unlike previous versions, this plan is a separate document from the Drought Contingency Plan (DCP). The chapters guide the reader through the most important issues and are shown below. The end of the WCP contains appendices of other documents that are useful for the reader to understand main chapters. • Chapter 1: Introduction — the basics of the Water Department, purpose of the Plan, and organization of the Plan. • Chapter 2: Supply Profile — details of the supply of the Water Department including the water sources, distribution system, and water treatment plant. • Chapter 3: Demand Profile — details of the current customer population and demand, and estimated projections of future population and demands. Demands are provided in totals and divided into sectors. • Chapter 4: Goals — benefits of conservation; overall water planning and conservation goals; quantifiable five- and ten -year conservation goals and water loss goals based on per capita consumption. • Chapter 5: Water Conservation Practices — efforts that encourage and /or enforce the conservation of water, or that increase the efficiency of water use. • Appendices: includes the Utility Profile, Summary of TCEQ 2001 Agreed Order Provisions, Water Rates, and Reservoir Operating Plan. If 2. Supply Profile This Chapter explains the three sources from which the City gets water supply to its customers in the Coastal Bend region. In addition to the supply sources, the distribution system, water treatment plant, and the wastewater utility profile are briefly explained. 2.1 Supply Sources The City of Corpus Christi Water Department obtains its water solely from surface water sources. These surface water bodies are Lake Corpus Christi, Choke Canyon Reservoir, and Lake Texana. Details of each of these water bodies are explained below. Lake Corpus Christi Lake Corpus Christi is a water storage reservoir located approximately 33 miles northwest of the City. It was completed on April 26, 1958 with the dedication of the Wesley Seale Dam. When full, the lake level is 94 feet above sea level and has a capacity of 257,260 acre -feet (83.8 billion gallons). The surface area of the reservoir is 19,251 acres (30.1 mi). Lake Corpus Christi is part of the Nueces River Basin (or watershed). It receives inflow from the Nueces, Frio, and Atascosa Rivers. Inflow from the Frio River also goes through the Choke Canyon Reservoir. Supply in Lake Corpus Christi relies on rainfall from the whole Nueces /Frio River basin. These two watersheds covers a combined area of 16,764 square miles and reach as far north as Rocksprings in Edwards county, and west close to Eagle Pass in Maverick County. Choke Canyon Reservoir is located approximately 70 miles northwest of Corpus Christi. It has a capacity of 695,271 acre -feet (227 billion gallons). When it is full, the water level is 220.5 feet above sea level, and the surface area is 25,989 acres (40.6 mi). The United States Bureau of Reclamation financed, designed, and built the reservoir, which was dedicated on June 8, 1982. The City operates and maintains the facility. Choke Canyon Reservoir receives inflow from the Frio River Basin. This watershed covers an area of 5,529 square miles from Three Rivers in the south to Kerr County in the north. Water from the reservoir drains into the Frio River, which drains into the Nueces River and then Lake Corpus Christi. Lake Texana The third surface source of water for the City is Lake Texana in Jackson County, located approximately 90 miles northeast of Corpus Christi. When full, the lake has a capacity of 161,085 acre -feet (52.5 billion gallons) and the water level is 44 feet above sea level. Its surface area when full is 9,727 acres (15.2 mi). 4 Lake Texana was formed with the completion of the Palmetto Bend Dam in 1980 by the U.S. Bureau of Reclamation. It is on the Navidad River, which is part of the Lavaca River Basin and mainly flows through Lavaca and Jackson Counties. The Lake is currently owned and operated by the Lavaca - Navidad River Authority (LNRA). The City purchased a permit to withdraw 41,840 acre -feet from the LNRA in the 1990s after a severe drought between 1993 and 1996. During that time, Nueces River Basin stream -flows were the lowest recorded, even lower than the much - remembered 1950s Drought. To deliver that water to Corpus Christi, the City, the Nueces River Authority, the Port of Corpus Christi and the Lavaca - Navidad River Authority worked together to deliver water via a new pipeline from Lake Texana. The 101 - mile -long pipeline was named for the late Mary Rhodes, mayor of Corpus Christi from 1991 to 1997, in recognition of her special contribution to the development of water resources for the residents and industries of the Coastal Bend. The pipeline came online in September 1998. It pumps water through a 64 -inch pipeline from Lake Texana directly to the O.N. Stevens Water Treatment Plant in Calallen. Approximately 40 to 70 percent of the water used by Corpus Christi comes from Lake Texana through the Mary Rhodes Pipeline. A map of the regional water supply system and watershed is show on the next page in Figure 2.1. 5 Figure 2.1. Map of the Coastal Bend Regional Water Supply, including the three surface water supply reservoirs. 2.2 Potential Future Sources (Undeveloped Sources) To meet the demands of a growing community, the City has been taking steps to ensure future water supplies. In 1999, the City purchased senior water rights to 35,000 acre -feet of water per year in the Colorado River. This water will be transported to Corpus Christi via a pipeline that will be constructed, in the future, from the Colorado River to the Mary Rhodes Pipeline at Lake Texana. In addition, the City is involved with the Corpus Christi Aquifer Storage and Recovery Conservation Distrcit ( CCASRCD). This groundwater conservation district was formed in 2005 by the 79 Texas Legislature and is: "...dedicated to protecting groundwater supplies within the District, developing and maintaining an aquifer storage and recovery program, providing the most efficient use of groundwater resources to supplement existing supplies, while controlling and preventing waste of groundwater." The CCASRCD is currently exploring the possibility of using groundwater aquifers as storage for extra supply for the City. During wetter - than - normal years, the City would pump excess, partially- treated water into the aquifer storage area, which is not subject to water loss from evaporation. Water from the storage area could then be used during drought periods. A similar project by the San Antonio Water System stores over 90,000 acre -feet of water as an emergency supply. Other potential future sources of water supply are still being researched and explored. A detailed list of water management solutions for the Coastal Bend Region can be found in the Region N 2011 Regional Water Plan, found at: .!Milli MW . . . 2.3 Water Customers The City has both wholesale and retail customers who purchase water from the supply system. The wholesale customers are water utilities or businesses who purchase the water in bulk, and then bill their own respective customers. The City provides both raw and treated water to wholesale customers. Those wholesale customers receiving raw water pump it directly from the source. The following wholesale customers receive raw water: Alice, Beeville, Mathis, Robstown, and San Patricio Municipal Water District (MWD). In addition, Celanese and Flint Hills Resources receive raw water, but are industrial, not wholesale customers. Those utilities /companies have their own water treatment facilities to treat the water to potable levels. 77 Other wholesale customers purchase the water from the City after it has been treated at the O.N. Stevens Water Treatment Plant (explained in next section). These customers include: Port Aransas, San Patricio MWD, South Texas Water Authority, and Violet Water Supply. The remaining customers receive their water directly from the City. These retail customers are billed individually. They receive their water after it has gone through the O.N. Stevens Water Treatment Plant. 2.4 Water Treatment Plant The O.N. Stevens Water Treatment Plant, located in Calallen, is the only water treatment facility for the City. All raw water is pumped directly to the Plant from either the Nueces River or Lake Texana (via the Mary Rhodes Pipeline). Once in the Plant, Nueces River water is blended with Lake Texana water and then treated to meet drinking water standards of the Texas Commission on Environmental Quality (TCEQ). After being treated for human consumption, large master pumps help to distribute water into the City and to its wholesale water customers. Approximately 25 billion gallons of water are treated each year. The O. N. Stevens Water Treatment Plant has a rated capacity of 167 million gallons per day, well above the current peak summer demand of around 100 million gallons per day. 2.5 Distribution The Water Department has an extensive distribution network that transports water from the O.N. Stevens Water Treatment Plan throughout the City to every customer, both individual and wholesale. The Water Department operates five pumping stations and four elevated storage tanks, and maintains 1,600 miles of pipeline. 2.6 Master Meter In order to keep track of diverted water, the City uses a series of Master Meters from its points of diversion. The City itself uses two meters to track water use from the Nueces River system and Lake Texana. In addition, City staff keeps monthly records through meters of seven other wholesale and industrial customers who divert raw water from City's water supply. 2.7 Wastewater Utility Profile The Utility Profile, a detailed summary of the City's water and wastewater systems is included in Appendix A. 88 3. Demand Profile This chapter explains demands placed on the water supply system of the City. Water demand is a measure of how much water is being used. Knowing current demand is critical for the City's daily operations. Projecting future demands helps City workers plan for future growth. The region's population provides the basis of its water demands. Therefore this chapter will begin in 3.1 with an overview of current population figures of Corpus Christi and the Coastal Bend Region. The water demands in the Coastal Bend area are complex because of the various customers that the City serves. Besides its own retail customers in and around Corpus Christi, the City provides wholesale water to utilities that serve 18 other cities and 2 businesses. These people and businesses have their own unique water demands. In addition, there are other demands on the supply system, including evaporation from the reservoirs and environmental inflows into the Nueces Bay and Delta. Because the demands on the supply system are so complex, the next sections are divided as follows: Section 3.2 will discuss demands based on raw water diversions, or water taken directly from the supply source. Section 3.3 will include evaporation and environmental inflows. Section 3.4 will discuss demand on treated water, or water that is consumed in the City. This section will also look at demand based on customer type. Section 3.5 will discuss seasonal demand, including summertime peaks. In Section 3.6, projected demands and populations will be discussed. 3.1 Current Population According to the U.S. Census, the 2010 population of the Water Department's total customer area was close to a half a million people. The majority of this was in the City of Corpus Christi with a population of 305,215. The other 18 cities that depend on Corpus Christi for their water, and their respective 2010 populations, are show in Table 3.1. Table 3.1 Populations (2010) of cities in the Coastal Bend serviced by the City of Corpus Christi Water Department. City Population (2010) City Population (2010) Aqua Dulce 812 Mathis 4,927 Aransas Pass 8,204 Qdem 2,383 Banquete 424 Port Aransas 3,482 Bishop 3,134 Riviera 1,960 Driscoll 741 Robsto n 11,48' Fulton 1.358 Rockport 8.766 Ingleside 9,361 1 Three Rivers 1,851 3.2 Raw Water Diversions The raw water demand is the amount of water taken directly (diverted) out of the water supply system. It provides the most basic view of demand on the system and gives an overview of where the water is going. As was explained in Chapter 2, the City has several raw water customers in addition to diverting its own water. After raw water has been diverted from either the Nueces River System or Lake Texana, it is pumped to a water treatment plant. All of the raw water customers have their own water treatment facilities, which clean and disinfect the water before sending it to their customers. Each have their own demands, based on retail customer characteristics (Treated water demands are explained in Section 3.4). In 2011, the total amount of water that was diverted from the City's water supply system for consumption was 132,649 acre -feet (43.2 bil gal). This included water from both the Nueces River System and Lake Texana. The raw water demands of each customer from the Nueces River System are shown below in Table 3.2. Table 3.2 Raw water demands (diversions) in 2011 from Nueces River System by customer (acre - feet and million gallons). Raw Water Customer Diversion Amount (ac -ft) Diversion Amount (MG) Beeville 4,514 1,471 Mathis 632 206 Celanese 997 325 Flint; Hill Resources 4,623 1,506 San Patricio MWD 11,476 3,739 us Christi 1 57,934 1 18,878 The raw water demands of the San Patricio MWD and Corpus Christi from Lake Texana and Mary Rhodes Pipeline are shown below in Table 3.3. Raw Water Customer Corous Christi Diversion Amount (MG) In 2011, the City of Corpus Christi received 65% of its raw water from the Nueces River System and 35% from Lake Texana and the Mary Rhodes Pipeline. 10 Table 3.3. Raw water demand (diversions) in 2011 from Lake Texas & Mary Rhodes Pipeline by Customer (acre -ft and million gallons). 3.3 Other Raw Water Demands One uncontrolled demand of water placed on the supply system is evaporation. As mentioned in Chapter 2, the two reservoirs of the Nueces River supply system cover a large surface area of 45,240 acres when full. Because of this large area, combined with high evapotranspiration rates, water loss to evaporation is high, especially in recent hot, dry years. In 2011, the combined evaporation loss in Choke Canyon Reservoir and Lake Corpus Christi was 228,722 ac -ft (74.5 bil gal). This averages to 204 million gallons of evaporative loss per day in 2011. Another raw water demand is environmental flow. After the impoundment of Choke Canyon Reservoir in 1982, freshwater flowing in the Nueces River Delta decreased dramatically. In order to maintain an ecosystem balance in the Delta, the City worked with TCEQ, the Nueces River Authority, and the City of Three Rivers to develop an Agreed Order in 1995. This document, revised in 2001, outlines required monthly freshwater inflows by the City into the Delta (Table 3.4). The 2001 Agreed Ordered is included in Appendix B. Table 3.4. Target Inflows to Nueces Bay from the 2001 Agreed Order ( *When lake levels are above 70 %) Month Taraet Inflows (ac -ft) 1 Month Taraet Inflows (ac -ft February 2,500 1 August 6,500 March 3,500 September 28,500 April 3,500 1 October 20,000 June 25,000 1 December 4,500 3.4 Treated Water Demands This section focuses solely on the treated water customers of the City of Corpus Christi. In 2011, the Corpus Christi Utility Business Office billed the use of 78,146 ac -ft (25.5 bil gal) of water, coming from the O.N. Stevens Water Treatment Plant in Calallen. Separating treated demand by customer class, industrial customers represent the highest demand. Of the 78,146 ac -ft consumed in 2011, industrial customers used just over 26,000 ac -ft or 34 percent of the total. Residential customers consumed 23,900 ac -ft (7.8 bil gal), representing 31 percent of the total. Commercial water use accounted for 15 percent and wholesale customers consumed 9 percent. The remaining water users, multi - family and institutional (dedicated to public service, i.e. schools, hospitals, government uses, etc.), used seven and five percent, respectively. See Figure 3.4 below. 11 Figure 3.4. Treated Water Use by Customer Class (wholesale included) Whnlesale Institutio 5% Commercial 15% 3470 Residential - Single Family 30% ntial- amily 6 In 2011, there was an average of 89,205 treated water connections. These connections can be divided into the customer classes of residential, multi - family, commercial, industrial, wholesale, and government use. Figure 3.4.1. below shows a breakdown of connections by customer type. Both wholesale (4 connections) and industrial (23 connections) customers have so few connections that they constitute far less than one percent each of the total connections. Residential customers make up the largest percentage of connections with 88 percent. Following residential are commercial customers with eight percent of the connections and multi- family and government, both with two percent of the connections. 12 Figure 3.4.1 2011 Connections by Customer Class (Treated Water Only) � t�onai 0 Residential - Multi- family 1% !sidential - igle Family 90% 3.5 Seasonal Demands Though the treated water demand for 2011 was 78,146 ac -ft (25.5 bil gal), the consumption was not evenly distributed throughout the year. The drought of 2011 was one of the worst in recorded history for Texas, so water demands for irrigation were high, especially during summer months. This can be seen below in Figure 3.3, which shows seasonal demand of treated water in 2011. Customer demand on water ranged from 1.6 billion gallons in February to 2.7 billion gallons in September. Seasonal demands by customers lead to "peak demands." These peak demands put the most amount of stress on operations, including distribution and treatment. It is extremely important that peak demand for the city remains under 167 million gallons per day, which is the maximum volume that the O.N. Stevens Water Treatment Plant can treat. Figure 3.5 below shows daily treatment plant production volumes for each month of 2011 as minimums, maximums, and averages. The maximum values of each month (in green) represent the peak demand volume for that month. Even though 2011 was one of the hottest and driest years on record, maximum production never reached above 100 MGD. 13 Commercial 100 0 90 a a Elm-Ift m C7 0 = 70 0 60 0 a 50 0 M Month 2011 Figure 3.5. Daily production volumes of the O.N. Stevens Water Treatment Plant, showing seasonal demand as minimums, maximums, and averages for each month of 2011. 3.6 Projected Populations and Demands The Texas Water Development Board estimates population projections for regional water planning groups. For Corpus Christi, they estimate that the population could reach 470,000 by the year 2060. This increase in population will result in an increase in water demand. The TWDB estimates that municipal water demand (residential and commercial) for Corpus Christi will increase 40% by 2060, reaching 86,962 ac -ft per year. These projections are for the City of Corpus Christi only. Other cities that rely on Corpus Christi for water will also have increases in population and demand, resulting in an even higher demand on the supply system However, these projections only factor in a minor decrease in per capita water use from conservation measures. A more aggressive conservation program could help municipal demand level off or decrease, even with an increase in population. A goal of 1 % annual reduction in municipal consumption (greater than the 0.9% population growth) would defer the need for additional supplies, at least for the next 15 years. This goal, along with others, is explained next in Chapter 4. Projecting industrial consumption, which comprises over 30% of the City's water use, is challenging considering the large volumes that one additional customer can demand. The Region N Water Planning Group projects treated industry water demand could increase by 14 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 15,422 acre -feet by 2060. Other industrial demands not receiving treated water from the City are expected to increase by 29,000 acre -feet by 2060. 15 4. Goals This Chapter explains the water conservation goals of the City. These goals are what the City aims to achieve by the implementation of this Plan. Included in these goals are both qualitative goals and measureable, quantifiable goals. Before these goals are discussed, the first section (4.1) explains the benefits of conservation. This will give reason and justification for the City's conservation efforts and provide a driving factor for the goals. 4.1 Benefits of Conservation There are several benefits to having a strong conservation program for Corpus Christi. These benefits not only include maintaining the City's water supply, but also include saving the City and residents money by deferring capital expenses. Other benefits may be more difficult to quantify or may take years to materialize, but that does not lessen their importance. Each benefit of conservation listed below will help the City of Corpus Christi grow and thrive at a sustainable rate. The benefits of conservation include: • Sustainable Water Supply — By reducing per capita water use, the City can grow without compromising supplies for future generations. • Defers Capital Costs — Reductions in demand delay the need for new water supplies and thus defer the costs necessary to construct or buy new supplies. Reducing demand also delays other costs associated with new supplies such as electricity, labor, and treatment. • Reduces Peak Demand — Peak demand puts the most stress on the Water Department's operations. Conservation measures would help to reduce this peak demand. • Reduces Energy Costs — The City spends a significant portion of its electric bill on moving water through its distribution system. Conservation would reduce the amount of water pumped, thus reducing electric costs. • Reduces Wastewater Costs — Less water being used by residents equals less wastewater that needs to be treated. Having less wastewater will save the City in treatment costs. • More Environmental Inflows — By reducing water use, the City will have more stored water available to release into the Nueces Delta and Bay, providing needed freshwater inflows to the ecosystem. • Less Rural Impact — By reducing water use, Corpus Christi will not need to divert water from rural regions or construct a new reservoir on rural properties. 4.2 Water Planning /Conservation Goals and Objectives The main, overall goal of this Plan is to reduce total per capita consumption by one percent annually over the next decade. This goal uses the 2012 figure of 205 gallons per capita per day (gpcd) as the benchmark for reduction. Another related goal is to reduce summertime peak 16 demand. To achieve these goals, the City has several specific conservation objectives. Those objectives include: • Reduce water loss by one percent annually • Educate the public on water conservation practices • Educate the public on the City's water resources • Implement incentive and /or rebate programs to encourage conservation • Convert some drought restrictions into regular conservation measures • Adopt new water conservation regulations • Enforce the conservation regulations • Adopt a water - billing rate scale which encourages stronger conservation efforts • Implement conservation measures at city -owned facilities 4.3 Five and Ten -Year Quantifiable Conservation Goals As mentioned in the previous section, the goal of the Plan is to decrease total per capita water consumption by one percent each year. To track the progress of the goal, the City records the gpcd every year and sets five and ten year goals. This gpcd is measured by taking the volume of water produced by the O.N. Steven Water Treatment Plant, excluding water sold to treated wholesale customers, and dividing it by the permanent population and then dividing it by 365 days. Because industry uses close to 40% of the treated water, Corpus Christi's gpcd is greater than most Texas cities. In addition, there is high variability in annual consumption due to changes in weather. Residents tend to use much more water in dry years to keep landscape vegetation alive. The total gpcd, residential gpcd, and water loss are show in Tables 4.1 -4.3 below. The five and ten year goals listed below in Table 4.4, and are based on a 1% annual reduction from the 2012 consumption of 205 gpcd. Table 4.1. Total Gallons Per Capita Per Dav (gpcd) in 2012 1. Equals water produced + wholesale imported — wholesale exported 2. Equals system input + permanent population + 366 days Table 4.2. Residential Gallons Per in 2012 17 2. Equals residential use + residential population + 366 days Table 4.3. Total Water Loss (Fiscal Year 2012) 1. Equals real + apparent + unidentified losses 2. Equals total water loss + permanent population + 366 days 4.4 Schedule for Implementing Plan In order to achieve the targets and goals of the plan, the City will use the schedule below in Table 4.5 to gradually introduce new or strengthen existing conservation measures and programs. These programs will utilize all and possibly additional measures as detailed in Chapter 5. The measures aim to reduce per capita water use through changes in habit, improvements in efficient devices, decreases in water waste, and smart planning. This schedule is not all inclusive and is a living document and is therefore subject to change. Conservation Measure Purpose Target Date School education i Educate youth about water i Ongoing resources and the importance of conservation Xeriscape education Educate the public about Ongoing Xeriscaping through the Xeriscape garden, fliers, and the annual svmoosium System Water Audit and 1 To identify areas of water loss 1 Annually Water Loss i to target remediation efforts is Table 4.4. Targets and Goals Prohibition on wasting water Reduce consumption by June 1, 2013 j prohibiting the wasting of j water, regardless of drought conditions (see 5.2.1) Restaurant water saving Reducing water waste by June 1, 2013 requiring restaurants to only serve water upon request Irrigation Consultation Improve efficiency of irrigation August 1, 2013 systems Rainwater harvesting rebate Reduce potable demand by August 1, 2013 encouraging rainwater harvestina 19 5. Water Conservation Practices 5.1 Introduction Water conservation is any practice that reduces the use of water, whether through changes in practices or improvements in the efficiencies of water devices. Reducing the use of water reduces the stress placed on water supplies and their ecosystems. It also frees up water supplies to allow for population and economic growth without having to search for "new' water. Conservation is a cost - effective and commonsense approach to ensuring a sustainable water supply for generations to come. The City has a long- standing commitment to promoting water conservation in the community. It has adopted several practices, ranging from public education to conservation pricing, that encourage a reduction in excessive water use. As was mentioned in Chapter 4 (Goals), the long term goal of the conservation program is to reduce per capita water use by one percent per year over the next decade. This Chapter highlights all of the ways that the City intends to reach that goal. Chapter 5 begins with conservation measures (5.2). These are regulated best - management practices that are in effect year- round, regardless of the drought condition or the levels of the City's reservoirs. Section 5.3 explains planned changes to development and building codes that would make buildings and landscapes more water efficient, while Section 5.4 explains the current code related to landscaping. Section 5.5 explains Rebates and Incentives, which include Plumbers to People, Rainwater Harvesting Rebate, and an Irrigation Consultation Program. Section 5.6, discusses City -Led Programs, including reclaimed water use, improvements to City -Owned properties, park water conservation, metering, system audits, and a water conservation staff. This is followed by Section 5.7, which highlights the educational efforts by the City, including both schools and public programs, and Section 5.8 on water conservation pricing. The last two parts of Section 5 explain coordination with the Region N Water Planning Group, methods to monitor the effectiveness of the various conservation practices, and means of implementation and enforcement. 5.2 Water Conservation Measures As water demands increase and water supplies become less available, it is critical that water conservation measures become regular, year -round best management practices. They are common sense approaches that reduce water waste and improve efficiency. This section lists those water conservation measures that are regulated and enforceable. They are the only measures in the WCP that are enforceable. The Water Resource Management Ordinance (Section 55) gives the City the authority to enforce these measures and is included in Appendix A. Explanations of each of these conservation measures are shown below: 20 5.2.1 Prohibition on Wasting Water Under the Prohibition on Wasting Water Conservation Measure, it is unlawful to waste water. Actions leading to the wasting of water are prohibited and will be enforced. No person shall: 1. Allow water to run off property into gutters or streets. 2. Permit or maintain defective plumbing in a home, business establishment or any location where water is used on the premises. Defective plumbing includes out -of- repair water closets, underground leaks, defective or leaking faucets and taps. 3. Allow water to flow constantly through a tap, hydrant, valve, or otherwise by any use of water connected to the City water system. 4. Use any non - recycling decorative water fountain. 5. Allow irrigation heads or sprinklers to spray directly on paved surfaces such as driveways, parking lots, and sidewalks in public right -of -ways; 6. Operate an irrigation system at water pressure higher than recommended, causing heads to mist, or to operate with broken heads. 5.2.2 Irrigati ®n Tinning Landscape irrigation is most efficient during early- morning or nighttime hours, when there is less potential for evaporation from the sun. This conservation measure prohibits irrigation by spray or sprinklers between the hours of 10 am and 6 pm. It is still permissible to water by hand or by drip irrigation at any time of the day. 5.2.3 Restaurant Water Saving Under this conservation measure, commercial dining facilities must only serve water upon request. In addition, any hand -held dish - rinsing wand must have an automatic shut -off. 5.3 Future Updates to Codes Another water conservation practice that will help to conserve water in the long term is updates and improvements to codes. The City has adopted several codes for development and construction, which are updated on a regular basis. There are several codes which could be updated or amended to include requirements for water conservation. A list of potential updates to codes is included below. The process of updating these codes is ongoing and will be included 21 in the WCP as an amendment when complete. These bulleted items are proposed updates only and are listed here as a placeholder. • Car Wash Water Conservation — Many commercial car washes in the region do not recycle water in their operations. Under this proposed measure, new car washes using an automatic system would need to reuse a minimum of fifty (50) percent of water from vehicle rinses in subsequent washes. All car washes that are self - service would have to have spray wands that do not emit more than three (3) gallons of water per minute. • Water Saving Plumbing Fixtures — This proposed conservation measure would require plumbing fixtures to meet or exceed the standards set by the WaterSense label of the Environmental Protection Agency (EPA). The fixtures would include gravity flush toilets, bathroom aerators, showerheads, and urinals. This measure would apply to new plumbing installations • Laundry Facility Conservation — Under this proposed measure, any new installation of a coin - operated washing machine would have to meet or exceed the standards for the most current Energy Star label of the EPA and Department of Energy. This measure applies to any location that may have a coin operated facility, such as laundromats, apartment communities, or university residential buildings. • Cooling Tower Recycling —This proposed conservation measure would require newly constructed cooling towers to utilize recycled water for a minimum of four (4) cycles. • Rainwater Harvesting —This proposed conservation measure would require any new building construction with a minimum roof surface area of ten - thousand (10,000) square feet to install a rainwater collection system. The stored water could be used for non - potable indoor use and /or outdoor irrigation. • Condensate Collection —Under this proposed measure, any new commercial building with an air conditioning system would be required to divert and collect the condensate water. This water could be used in cooling tower operation or landscape irrigation. • Xeriscape Landscaping —This proposed measure would allow xeriscaping as an option for landscaping in any residential neighborhood or subdivision, regardless of deed restrictions. It also would require homebuilders and /or developers who are constructing new, single - family residential homes to offer a xeriscaping option. • Turfgrass Species Requirement —This proposed conservation measure would promote the use of turfgrass appropriately suited for a particular site in order to save on irrigation water. For any new construction, the turfgrass species /variety installed on a property would have to be chosen from a list of approved species. In addition, irrigated turfgrass would not be able to exceed 50% of the landscaped area. 22 5.4 Landscaping Standard The City adopted a Landscape Standard as part of its Unified Development Code (Section 7.3 of the UDC). This standard requires landscape plantings within commercial developments to enhance the beauty of the City. The ordinance assigns points to the various plant materials. To encourage the use of water -wise landscaping, drought - tolerant and low- water -use species are assigned a higher point value. To comply, a landscape design must surpass an established threshold number of points, which is achieved more easily with the water -wise and drought - tolerant plants. 5.5 Rebates and Incentive Programs This section explains the programs that the City offers to provide assistance to customers who wish to implement water conserving practices. These programs include the current Plumbers to People program and proposed Rainwater Harvesting Rebate Programs and an Irrigation Consultation Program. Additional rebate and incentive options are being researched. Plumbers to People is an affordability program to provide plumbing assistance to low - income residential customers seeking to repair plumbing fixtures in their homes. The intent of the program is two -fold: (1) to eliminate the cycle of uncollected high water bills resulting from water leaks; (2) to promote water conservation. Persons eligible for the program must contact the Utility Business Office (UBO) to identify their eligibility for the program. Eligibility is based on the individual's income limits and need for assistance. The UBO office arranges for a contracted plumber to do repairs at the individual's home. The plumber will fix minor leaks or other issues, then send a report and invoice back to the UBO office. The City is planning a rainwater harvesting rebate program. Under this program, customers of the Water Department will be eligible for a $50 rebate for the purchase and installation of a rain barrel. The customer shall submit an application for the rebate and is subject to a system inspection by the Water Department. There will be specific requirements, such as a minimal size (55 gallons) and mandatory screening to prevent mosquito entry. The Water Department plans to begin the program in late 2013. The City is planning an Irrigation Consultation Program to reduce water waste and improve efficiency on large, existing irrigation systems. The service will be free to commercial sites and tells property owners how they can make meaningful changes to 23 their irrigation system. It will begin with a consultation request from the property owner of a large irrigation system. The Water Department will coordinate a consultation with a contracted, licensed irrigator for that property. The licensed irrigator will perform a thorough inspection of the irrigation system's performance. A report with recommendations will be provided to the property owner and the Water Department. The recommendations may include ways that the property owners can drastically reduce water consumption. The Water Department will analyze each report and may provide assistance with the recommended changes, depending on the cost and benefits. One year after the inspection, a follow -up will be performed to see if recommendations were implemented and how much water consumption was decreased. The program will begin in late 2013 to only commercial water accounts. 5.6 City -Led Water Conservation Programs This section explains the programs that the City has initiated in order to improve its own efficiency and promote conservation to its residents. These programs include the use of reclaimed water, improvements in City -owned properties, park water conservation, accurate water metering, and a system to audit water loss. It also includes the use of a permanent, full - time water conservation staff. r Reclaimed water by definition is, "Domestic or municipal wastewater which has been treated to a quality suitable for a beneficial use, pursuant to the provisions of this chapter and other applicable rules and permits" (30 TAC §210.3(24)). The City currently has five reclaimed water use customers and recognizes that the direct use of reclaimed water is an effective method of reducing potable water usage. Corpus Christi reclaimed water is used primarily for irrigating recreational tracts. Historically, Corpus Christi began its reuse program in the early 1960s when it began delivering reclaimed effluent to its first customer, the Gabe Lozano Golf Course. Over the next several decades, the City acquired additional reuse customers which include other golf courses, parks, and recreational areas. Approximately 2.5 percent of the City's overall effluent flows are reused as reclaimed water. In 2011, the City supplied 525 million gallons of reclaimed water to its irrigation customers, saving an estimated 100% of the same amount in potable water. To facilitate expansion of its reuse program in the future, the City will identify and rank industrial, commercial, and institutional (ICI) customers according to volume of water use, and investigate the feasibility of using reclaimed water. The City will also 24 investigate reuse opportunities within its own accounts or with third parties outside its service area. The City owns several public areas that are candidates for reuse. . r.. In order to be a representative of its conservation message, the City has pushed for increased Xeriscape landscaping of City -owned properties. This includes water -wise landscaping at the Water Department building, and the Xeriscape Design Garden and Learning Center at the Museum and Science and History in downtown Corpus Christi (see Section 5.6.3). The Water Department will encourage the future conversion of City landscaping to more water -wise design. Also, the City has been proactive in replacing out - dated, inefficient plumbing fixtures in its buildings. In addition, the City plans to install a rainwater harvesting system at the Water Utilities building to be used for on -site irrigation. The Water Department has a full team of employees committed to identifying and repairing leaks in water distribution throughout the City. A crew of round - the -clock responders follow the procedure below to find and fix a leak: 1. A first responder is sent to the location to identify and mark the priority of the leak. Response time is 30 minutes to an hour. 2. Crews begin to turn the needed valves to isolate the leaking line. Line locates are called in to mark all other utility lines in the area of the leak prior to repairs. Depending on the severity of the leak these locates can take up to approx. 24 hours 3. After line locates are complete, Distribution Leak crews respond to the leak and make all needed repairs. 4. After repairs are complete, the D & D crews back fill the area and replace grass as needed. The City of Corpus Christi Parks and Recreation Department manages two golf courses, two large City -wide parks, five recreation centers, four decorative fountains, eight public swimming pools, and more than 200 neighborhood parks, some with irrigated athletic fields. Because many of the parks in the City require irrigation, it is critical that proper conservation measures are in place so the City demonstrates and promotes those measures to the public. The Water Department works with the Parks and Recreation 25 Department to implement several water conservation practices within the park system. Some of these measures include: 1. Converting manual irrigation systems to automatic irrigation systems. 2. Including the parks properties in the water system audit. 3. Voluntarily adopting Landscape Ordinance provisions of the Corpus Christi Zoning Ordinance (explained in Section 5.2.12). 4. Replacing several spray irrigation heads with drip irrigation. Some of the conservation measures that the City is pursuing for the future include: 1. Updating automatic irrigation systems with a "smart" Baseline Controller, which can remotely control up to 50 irrigation zones with 10 different programs. These include moisture sensors in the soil. 2. Implementing an irrigation consultation program to target specific areas where water efficiency improvements can be made. 3. Converting turfgrass species to more site - appropriate varieties to reduce water use. To track the progress of water conservation in the parks, the Water Department will gather the following: 1. Water savings resulting from the offset of potable water use by irrigating with reclaimed waste water. 2. Water savings attributable to the repairs of leaks 3. Changes to irrigation systems, retrofits, or upgrades; regular leak detection; maintenance policies, and estimated water savings from conservation practices. 4. Estimated water savings attributable to the changes implemented. 5. Costs of repairs, equipment upgrades, or new equipment installed. The Water Department will evaluate data from sites before and after significant irrigation system changes or upgrades. The City maintains performance measure software to monitor the progress of leaks repaired. The Maximo software will identify individual categories to estimate the volume of water savings attributable to repairs of leaks. 1 / i Metering is a critical aspect in water conservation. It provides a method for customers to relate their water usage to their utility bill. For the City, meters help keep track of water use in order to target areas of inefficiency or locate areas where there may be potential leaks. New technology allows the city to track water use remotely and alert employees when there are spikes in water use among customers. The following elements are part of the City's on -going metering program: 1. Required metering of all connections. 26 2. A policy for installation of adequate, proper -sized meters as determined by a customer's current water use patterns. 3. Direct utility metering of each duplex, triplex, and four -plex unit, whether each is on its own separate lot or there are multiple buildings on a single commercial lot. 4. Metering of all utility and publicly owned facilities. 5. Use of construction meters and access keys to account for water used in new construction. 6. Implementation of the State requirements in HB 2404, passed by the 77 Legislature Regular Session and implemented through Texas Water Code 13.502, which requires all new apartments be either directly metered by the utility or submetered by the owner. 7. Annual testing and maintenance of all meters larger than two inches. Regular replacement of 5/8" and 3/4" meters after 15 years of service. 8. Replacement of meter registers or entire meter every eight years. 9. An accounting of water savings and revenue gains through the implementation of the Water Department's meter repair and replacement procedures. Each year the Water Department estimates its annual water savings from the program. Savings can be estimated based upon a statistical sample analyzed as part of the meter repair and replacement program. The City maintains a meter replacement policy based upon a customer's concern about the accuracy of his meter. Annual records of replaced meters are maintained through the City's Maximo software. Meter replacement takes precedence over meter repair due to the cost of repairing old meters. The City has improved efficiency and cut water loss by purging old meters and converting standard meters to automated meter reading (AMR.). The AMR program is a metering system that remotely records usage and accurately integrates that data into the billing system. Around 99 percent of the City's water meters have been installed with the AMR, benefiting the City by improving meter accuracy and reducing the cost of reading meters manually. The City's has a system of record management to classify customers by sector for billing purposes and to keep track of water consumption by class. The billing system has the ability to categorize customers into sectors that can be summarized into those required by the Texas Water Development Board and the Texas Commission on Environmental Quality. These sectors include: residential (including single - family and multi - family); commercial; institutional; industrial; and wholesale (the City does not have any agricultural customers). 1 V As with any aging infrastructure system, the City does have water loss between the treatment plant and the point of use. In order to reduce this water loss, the City performs an annual system water audit. This estimate of system water efficiency is achieved by 27 comparing water delivered to the treatment plant, potable water produced, and water sold. The Water Department tracks numerous leak detection and repair activities and is able to evaluate its success using the asset management software to compile and track work orders. Using this data from the audit, the City is able to focus on specific areas where improvements in efficiency can be achieved. i Ma The Water Department has two staff members who coordinate and implement water conservation programs for the City and its service area. These employees include the Water Resource Planner and the Management Assistant. They are critical to ensuring the success of the City's overall conservation program. The Water Resource Planner is responsible for planning conservation programs; seeking and identifying new opportunities in conservation and water supply; program analysis; contributions as a member of regional workgroups (BBACS, GMAs, Region N, Nueces Feasibility, CCASRCD); assistance with educational /promotional material; planning Irrigation Consultation Program; meetings with stakeholders; assistance with marketing strategies for conservation programs; assistance with annual conservation budget; assistance to the Water Resource Advisory Committee; preparation and submittal of annual conservation status reports to Water Department management. The Management Assistant is responsible for the City's water public relations and marketing; implementing conservation programs; conservation education and marketing; coordinating with other departments and wholesale customers; coordinating programs within the Water Department; development of marketing strategies for conservation programs; management of consultants, and contractors, when appropriate; preparation of annual conservation budget; assistance to the Water Resource Advisory Committee. This conservation team takes part in several educational events and programs, which are explained in detail in section 5.7. 5.7 Education One of the most effective ways to improve conservation and water -use efficiency is through education. The Water Department is very active in educating its customers and has several programs to do so. The Water Department has two purposes for its educational programs: to disseminate information and to change behavior. Information dissemination is education that makes the public aware of something timely, such as a current drought stage and its implications. A change in behavior occurs when education teaches the public practices that should be permanently adopted. Behavioral changes take place over a longer span of time than information dissemination, but both purposes are critical to a well- informed public. 28 This section highlights the educational programs that the Water Department plans, manages, and implements. These programs include school education, public information, and the water - wise landscape and conservation program. School education programs increase the viability of water conservation efforts, enhance the utility's public image, contribute to the attainment of Texas state education goals by students, and increase customer goodwill. The message conveyed by students to their families based upon greater knowledge of water sources and conservation can lead to behavioral changes resulting in both short- and long -term water savings. The Water Department offers various school educational programs to all grade levels throughout the City of Corpus Christi. These programs include: • Maior Rivers — Part of the 4th grade curriculum, the program educates students on water conservation, supply, treatment, distribution and conservation. The self- contained program offers academic and hands -on activities in math, language arts, science, and social studies, with teacher's guide geared to the interdisciplinary curriculum, as well as an introductory video and home information leaflets. • Toby Globy Eco- Action — Introduced to school children in grades pre- kinder to second grade with classroom and special event visits by mascot Toby Globy, this locally produced bilingual program brings environmental awareness to primary grade school children in sing -along song and coloring books, a compact disc of recorded music in English and Spanish, environment - oriented classroom activities, posters, and a pictorial instruction booklet introducing solid waste and recycling, in addition to water conservation. • Learning to be Water Wise — This program is used in 5th grade classrooms to connect science, math, language arts, and social studies with water conservation activities. Boxed kits, which include a toilet water displacement bag, toilet leak detector tablets, showerhead and faucet aerators, and instructions for repairing common toilet leaks, are given to each student. • Workshop for Daycare Teachers — In a half- day -long workshop, pre- kinder to second grade teachers are introduced to age- appropriate water resources teaching aids, including the educational program "Toby Globy Eco Action Team" and coloring books with a water - conservation message. • Water Source Book — The Water Source Book, developed by the Water Environment Federation, reinforces water resource issues with hands -on classroom activities and experiments for grades 6 through 8. The classroom activities feature water, wastewater, and storm water experiments. This book is provided by the City to all local school resource libraries. Continuing education workshops introduce local classroom teachers to the Water Source Book. Teachers can utilize this teaching aid to satisfy certain TEKS objectives as established by the Texas Education Agency. 29 • Coastal Bend Teacher Resource Extravaganza — As a member of the Coastal Bend Informal Educators (CBIE), the City Water Department sponsors this event, which brings environmental resources to teachers throughout the Texas Education Agency Region 2 area. The City Water Department also participates in this annual event, offering valuable opportunities and resources for teachers, students and the general public. • Museum of Science and History — The Corpus Christi Museum of Science and History houses an educational gazebo, targeted to children, featuring various showcases and an 8 -foot interactive topographic map of the Nueces River Basin. The touch of a button activates lights and sound to explain the area's water resources. Displays throughout the Xeriscape Learning Center and Design Garden are used as teaching tools for children and adults. • Other educational events — The Water Department provides age- appropriate water resources teaching materials at several public events. Materials include Splash Activity Book, My Book About Water and How to Use it Wisely, and The Story of Drinking Water. Spanish material is also available upon request. The Water Department continues to offer the programs mentioned above, being sure to stay up -to -date on any changing information related to water. They also continue to stay connected to local schools in order to identify any new potential opportunities. To keep track of the impact of these various programs, the Water Department records: • The number of presentations made • The number and type of curriculum materials developed and /or provided • The number and percent of students reached by presentations and by curriculum • The number of students reached outside the utility service area • The number of in- service presentations or teacher's workshops conducted during reporting period • The results of evaluation tools used • Copies of program marketing and educational materials • Annual budget for school education programs related to conservation. Although water savings caused by school education programs are difficult to quantify, the retrofit kit included with the Learning to be Water Wise program has been shown to reduce domestic water use by 8,885 gallons per year per household. The Water Department employs several types of media resources and modes of mass communication to present a compelling and consistent message about the importance of conservation and water use efficiency. The overall goal of the public information program is to raise awareness among customers of the regional water resources and the importance of conservation. The public information is also used to convey timely, 30 urgent messages, such as those about drought or emergencies. Each year in June, the Water Department mails a Consumer Confidence Report to every customer. This report is available online to anyone including new customers. It explains water quality and explains to customers where they can get more information on water conservation. The Water Department employs the following methods to raise water resources awareness and to instill the importance of conservation in the community: • Multi- tiered media campaign — Annual television, radio, and print campaigns promoting water use efficiency. Agreements with radio and television stations provide for matching airtime for each ad purchased by the City. • Billboard advertisement — Ads on billboards, bus benches, and other public spaces are used to promote water conservation and water quality. • Website — The Department's Water Conservation website includes tips on outdoor and indoor conservation, Xeriscape landscaping, irrigation regulations, and educational materials for youth. • Printed brochures — The City provides the public with printed brochures on various topics ranging from Xeriscaping to indoor water conservation. They are produced by several entities, including the Water Department, the Texas Water Development Board, and Texas A &M AgriLife Extension and are available at multiple City locations and programs. • School Education — Programs targeted to grade school children are explained in the School Education section (5.6.1). • Xeriscape Learning Center and Design Garden — As part of the Corpus Christi Museum of Science and History, the Xeriscape Corpus Christi Steering Committee, in partnership with the City, maintains a Xeriscape demonstration garden with more than 100 plant varieties. Within the garden an educational gazebo, The Water Story Exhibit, showcases an 8 -foot interactive topographic map of the Nueces River Basin. A second gazebo named the Learning Center features practical landscape ideas and photographs. Educational Walk 'n' Talk Tours are held annually to enhance public education. • City Call Center and Request Line — The City's Call Center (361 826 -CITY) was created to encourage customers to report water line breaks and to request service calls. Customers may also utilize a dedicated Water Hotline number (361 826 -1600) to request water conservation kits and other information. To track the progress and effectiveness of this educational effort, the Water Department collects and tracks the following information: • Number of activities, pieces of information distributed, and number of customers at an activity or program; • Number of public school children who received instruction in water resources or water conservation; 31 • Number of news programs or advertisements that featured the water conservation message and how many customers had the opportunity to receive each message; • Total budget by category for public information; and • Results of annual or biannual customer survey and /or focus groups to determine the reach and impact of the program. Water savings due to public information efforts are difficult to quantify. Water savings for other public information programs that result in specific actions by customers, such as changes in irrigation scheduling or reduction in water waste occurrences, may be quantified through surveys or analysis of water waste reporting in future years. The use of water for outdoor irrigation can often account for over 50% of a customer's consumption. The purpose of this program is to decrease both peak summertime water consumption and overall water use through the installation of water -wise landscapes at residential and commercial properties, and through improved efficiency of existing landscapes. Water -wise landscaping involves not only plant selection, but continued attention to appropriate irrigation and landscape maintenance. The program is multifaceted, implemented through a landscape standard (Section 5.4), school education (Section 5.7.1), public outreach (Section 5.7.2), and city - implemented measures (Section 5.6). Below are some public- outreach programs explained in more detail that specialize in water -wise landscaping or emphasize the importance of using less outdoor water. • Xeriscape To -Go: Planning and Designing a Gardener's Dream — This brochure, available in both print and online, was designed to educate local residents on the benefits of Xeriscape landscaping. It features a list of plants suitable for the Coastal Bend and an explanation of the seven principles of Xeriscaping. • Xeriscape: Landscape with Less Water — A brochure detailing the seven principles of Xeriscape. • Purple Water -Wise Plant Labels — A brochure produced in cooperation with Xeriscape Corpus Christi, commercial nurseries, and Texas A &M AgriLife Extension to bring public awareness to lists of plants that are proven performers in the Coastal Bend since 2004. Water -wise plants are labeled with purple tags at commercial nurseries for easy identification. Purple labels are affixed to water - wise and drought - tolerant plants offered at retail nurseries. To encourage the seven principles of Xeriscape landscaping, the non - profit organization, Xeriscape Corpus Christi, was formed. The organization built and 32 maintains a demonstration Xeriscape garden at the Museum of Science and History. The steering committee's members include the City of Corpus Christi Water Department, Storm Water Department, Park and Recreation Department, Corpus Christi Museum of Science and History, Friends of the Museum, Mayor's Water Conservation Advisory Committee, Nueces County Master Gardeners, and Texas A &M Agri Life Extension of Nueces County. 5.8 Water Conservation Pricing One of the most effective methods to influence water consumption is through changes in price structure. Water conservation pricing is a type of structure that promotes conservation by making the water rate higher as consumption increases. Another term for this type of structure is increasing block rate. The City has an increasing block rate structure for residential customers which is not "promotional." It ensures that residents receive their most basic needed water at a reasonable price, which covers the fixed costs of the Water Department. They are billed on actual metered water use. As consumption goes into discretionary amounts, the price per gallon increases, resulting in a higher bill. A copy of the current water rate structure is attached as Appendix C. At least annually, the Water Department staff will review consumption patterns (including seasonal use) and the income and expense levels to determine if the conservation rates are effective. They then make appropriate, regular rate structure adjustments as needed. In the past, such studies resulted in an elimination of the decreasing block rate for industrial accounts and increasing block rates for residential customers. In order to further encourage conservation, the Water Department will examine the follow potential pricing measures: 1. Seasonal rates to reduce peak demands during summer months. 2. Increasing block rates for other customer classes. 3. Restructuring of commercial rate structure to an increasing block rate. The successful transition to a new rate structure will include public input and a process to educate the community about the new rate structure. Public involvement in the development and implementation of conservation rates helps to assure that the goals of the conservation pricing initiatives are met and accepted by local constituents. Public meetings, advisory groups, and public announcements are among ways to generate public involvement. 5.9 Coordination with Region N (Coastal Bend) Regional Water Planning Group The service area of the City of Corpus Christi is located within the Coastal Bend, designated as Region N Planning area, and the City has provided a copy of its Water Conservation and Drought Contingency Plan to the Coastal Bend Regional Water Planning Group (RWPG). The Region N Planning Group was initially appointed by the Texas Water Development Board (TWDB), under the authority of Senate Bill 1, and includes representatives from 12 interests 33 including the public, counties, municipalities, industries, agriculture, the environment, small businesses, electric - generating utilities, port authorities, river authorities, water districts, and water utilities from across the region. This Plan is consistent with the City's role as a leader in water supply planning in Region N, and meets the standards for water conservation planning in TAC Chapter 288. The Water Department has coordinated with the RWPG through the following measures: 1. The City presented the changes in the 2013 Corpus Christi Water Conservation Plan to the Region N Water Planning Group on March 7, 2013 (Minutes from the Region N meetings can found at http://www.nueces-ra.org CP/ WG /minutes /inex.p after the June 13, 2013 meeting. 2. City staff members (in addition to RWPG representative) attend Planning Group meetings on a regular basis; 3. City staff has made formal comments (at meetings and in writing) at various times regarding issues with population and water demand projections and with selection of water management strategies; and 4. The City has held numerous meetings with the RWPG consultant to address issues related to Corpus Christi and the regional planning process. 5.10 Method to Monitor the Effectiveness of Conservation Measures The best way to monitor to the effectiveness of the conservation measures of this chapter is to track the per capita water use. As was mentioned in Chapter 4, the goal of this Plan is to reduce per capita water use (gcpd) by one percent each year over the next decade. Successful water conservation measures will result in a reduction of that per capita water use. Because water use can vary each year due to weather conditions, the City will consider rainfall amounts when analyzing water use. 5.11 Means of Implementation and Enforcement This Water Conservation Plan was approved by the Corpus Christi City Council on May 28, 2013. The passage of this WCP provides the Water Department the authority and guidance to implement the included conservation measures and programs. The Water Resource Management Ordinance provides the legal authority for the City of Corpus Christi to enforce certain conservation measures and all drought contingency measures. A copy of the Water Resource Management Ordinance (Section 55) is attached as a supporting document. 5.12 Reservoir System Operating Plan Because all customers rely on the reservoir systems for their supplies, they are subject to the Reservoir Operating Plan. A copy of this is included in Appendix D. 34 6. Wholesale Customer Conservation 6.1 Introduction The City of Corpus Christi serves five wholesale customers with treated water and six wholesale customers with raw water. The raw water is delivered to Corpus Christi's four municipal and two industrial customers. As part of the 2013 Water Conservation Planning Process, the City has organized and held meetings with the wholesale customers to receive feedback on the revised Plan. Because these customers use the same source water as the City, it is important that they are kept informed and provide input into the City's decision making processes. This chapter explains the conservation goals that the City encourages its wholesale customers to adopt. Though wholesale customers outside of city limits are not legally bound by the ordinances of Corpus Christi, the City requires the wholesale customers to adopt conservation measures outlined in the Plan. It helps to ensure the region's water security and also ensures that customers, both inside and out of the City, are treated equitably. Section 6.5 explains the contractual requirements between the City and its wholesale customers. 6.2 Wholesale Customer Targets and Goals The best way to reduce water waste and increase conservation is to set targets and goals. As was mentioned in Chapter 4, the City of Corpus Christi has set a water conservation goal of one percent annual reduction in consumption. This amounts to 202 gcpd in 2022. The City, though it has no authority to require it, suggests to each its wholesale customers to also try to achieve a one percent annual reduction in consumption. The Coastal Bend Regional Water Planning Group recommends consumption reductions and they are shown below in Table 6.1. The gcpd of each wholesale customer is shown with the 2020 and 2060 consumption goals. Though the group's targets are not as aggressive as the City's, they still help in conserving the region's water supplies. Table 6.1 Wholesale Customer Consumption and Goals of Reaional Water Plannina Groun (acod) Wholesale Customer 2000 Consumption 2020 Consumption 2060 Consumption Goals Goals Alice Water Authority 248 241 234 Beeville Water Supply 172 168 157 District City of Mathis 119 112 104 Nueces County WCID 187 179 177 4 (Port Aransas) San Patricio Municipal 118 111 ** Water District South Texas Water 155 152 ** Authority 35 Violet Water Supply 151 148 ** Corporation Wholesale customers Celanese and Flint Hills Resources do not serve a "population" so are not included in this table. * *These values were not calculated in the 2011 Regional Water Plan, so are not available. 6.3 Metering, Monitoring, and Records Management The City meters all water diverted from the raw water supply to its wholesale customers. The City also meters all treated water delivered to its wholesale customers. By contrast, these meters are calibrated on a semiannual basis, and must be accurate within 2 percent. The meters are read on a monthly basis for billing purposes. A summary report is prepared, which aggregates all meter readings from wholesale raw water meters, wholesale treated water meters, and all retail customers, as well as the readings from the meters at the intake to the O. N. Stevens Water Treatment. 6.4 Leak Detection and Repair The treated water wholesale customers are supplied from portions of the City's distribution system. The meter location is the point of sale at which the water enters the customer's system. From there, it is the customer's responsibility to operate and maintain. The portions of the City's distribution system that serve these wholesale customers are subject to the same leak detection and repair program described Section 5.4.5, System Water Audit and Water Loss. All raw water delivery systems to the wholesale customers are owned and operated by those customers. Therefore, they are responsible for any leak detection and repair programs as well as for unaccounted -for water. Wholesale customers are encouraged to voluntarily report their results to the City in order to promote cooperative efficiency efforts. In addition, wholesale customers are encouraged to keep their water loss rates below ten percent. 6.5 Contractual Requirements The City has in place valid contracts with various wholesale customers including raw water contracts with municipal water suppliers: Alice Water Authority, Beeville Water Supply District, City of Mathis, and San Patricio Municipal Water District. Treated water customers include Nueces County Water Improvement District No. 4 (Port Aransas), San Patricio Municipal Water District, South Texas Water Authority, and the Violet Water Supply Corporation. Industrial wholesale customers include Celanese and Flint Hills Resources. All of these contracts contain language related to water use restrictions in drought situations. Each contract has a section 36 requiring the customer to accept shortages in supply, should natural or unforeseen circumstances prevent the City from delivering the water. With the exceptions of the Beeville Water Supply District and San Patricio Municipal Water District contracts, the contracts further stipulate that should there be a shortage in the basic supply of water which requires the restriction or curtailing of any consumer of water within the city limits of Corpus Christi, that the wholesale customer limit and restrict all of its customers to the same extent. The Beeville Water Supply District requires the district to reduce its average raw water consumption by specific percentages whenever the City declares water shortage conditions. The district is required to reduce its average raw water consumption by 10% when the reservoirs fall below 50% (Stage 1), 20% when the reservoirs fall below 40% (Stage 2), 30% when the reservoirs fall below 30% (Stage 3), and to cease raw water withdrawals when reservoir storage levels drop below 20% (Stage 4). In exchange, the District is excused from contract minimum payments during the time of shortage; and it has the discretion to supplement river water with groundwater in lieu of imposing water use restrictions on its customers. The San Patricio Municipal Water District has the discretion to either implement water conservation and drought measures similar to those imposed by the City or to reduce the water it takes from the City's water supply system. If the district elects to reduce the amount of water it takes from the City's water supply system, the reductions are based on the average deliveries for the same month of the year over the three previous years. The percent of the reduction is based on the available water in the City's reservoir system. The required decrease in the amount of water that can be taken is 10% when the reservoirs fall below 50% (Stage 1), 20% when the reservoirs fall below 40% (Stage 2), 30% when the reservoirs fall below 30% (Stage 3), and 60% when the reservoirs fall below 20% (Stage 4). In the most recent contract with San Patricio Municipal Water District, language concerning year -round water conservation is included. As the need to renegotiate other contracts arises, the City will include contract language requiring conformance with applicable state and federal regulations concerning water conservation. The City will require in every wholesale water supply contract entered into or renewed after official adoption of this Plan (by either ordinance, resolution, or tariff), including any contract extension, that each successive wholesale customer develop and implement a water conservation plan and drought contingency plan or water management measures using the applicable elements in this Plan and City's Drought Contingency Plan (City Ordinance 55 -151). If the customer intends to resell the water, the contract between the initial supplier and customer must provide that the contract for the resale of the water must have water conservation and drought contingency requirements so that each successive customer in the resale of the water will be required to implement water conservation measures and drought contingency measures in accordance with the provisions of this Plan and the Drought Contingency Plan. 37 6.6 Reservoir System Operating Plan Because all of the wholesale customers rely on the reservoir systems for their supplies, they are subject to the Reservoir Operating Plan. A copy of this is included in Appendix D. 38 UTILITY PROFILE Fill out this form as completely as possible. If fields do not apply to your entity, leave them blank. CONTACT INFORMATION Name of Utilitv: City of Corpus Christi Water Department Public Water Supply Identification Number (PWS ID): 1780003 CCN Number: 10554 Water Rights ID Number: 21 -3214; 21 -2464; 14 -5434 Wastewater ID Number: CN600131858 Check all that apply: Retail Water Supplier Wholesale Water Supplier Wastewater Treatment Utility Address: P.O. Box 9277 Email: gustavogo @cctexas.com Regional Water Planning Group: N Ma Groundwater Conservation District: 18 Ma Completed By: Brent Clayton Date: 3/13/2013 Title: Water Resource Planner Check all that apply: Received financial assistance of $500,000 or more from TWDB Have 3,300 or more retail connections Have a water right with TCEQ City: Corpus Christi zip Code: 78469 -972: Telephone Number: 361- 826 -1874 [ Section 1: Utility Data A. Population and Service Area Data 1. Current service area size in square miles: 140 (Attach or email a copy of the service area map.) 2. Provide historical service area population for the previous five years, starting with the 4. Describe the source(s) /method(s) for estimating current and projected populations. Historical population served by retail water was gathered from City of Corpus Christi staff and 2010 Census data. Historical population served by wholesale water service was calculated using 2010 Census values and percentage growth values from the Regional N Water Plan. Historical population served by wastewater service is the same as retail water. Projected Population Served by Retail Water Service gathered from 2010 Coastal Bend Regional Water Plan, Table 2 -2. Projected Population Served by Wholesale Water Service - Summed projected population of each community served, from Region N Plan, Table 2 -2. 40 most current year. Historical Population Historical Population Historical Population Year Served By Served By Served By Retail Water Service Wholesale Water Service Wastewater Service 2008 297,447 432,890 297,447 2009 297,447 433,716 297,447 2010 305,215 442,324 305,215 2 307,728 446,212 307,728 312,065 451,944 312,065 3. Provide the projected service area population for the following decades. Projected Population Projected Population Projected Population Year Served By Served By Served By Retail Water Service Wholesale Water Service Wastewater Service 2020 356,123 531,843 356,123 2030 391,077 583,752 391,077 2040 412,761 628,161 412,761 2050 448,879 666,843 448,879 2060 470,523 697,732 470,523 4. Describe the source(s) /method(s) for estimating current and projected populations. Historical population served by retail water was gathered from City of Corpus Christi staff and 2010 Census data. Historical population served by wholesale water service was calculated using 2010 Census values and percentage growth values from the Regional N Water Plan. Historical population served by wastewater service is the same as retail water. Projected Population Served by Retail Water Service gathered from 2010 Coastal Bend Regional Water Plan, Table 2 -2. Projected Population Served by Wholesale Water Service - Summed projected population of each community served, from Region N Plan, Table 2 -2. 40 B. System Input Provide system input data for the previous five years Total System Input = Self - supplied + Imported — Exported Year Self- supplied Water in Gallons Purchased /Imported Water in Gallons Exported Water in Gallons Total System Input 2008 23,883,000,000 13,968,000,000 11,170,000,000 26,681,000,000 2009 28,593,000,000 11,862,000,000 11,183,000,000 29,272,000,000 2010 19,562,000,000 12,997,000,000 6,821,000,000 25,738,000,000 2011 29,847,000,000 9,949,000,000 10,969,000,000 28,827,000,000 2012 24,521,000,000 12,230,000,000 9,577,000,000 27,174,000,000 C. Water Supply System (Attach description of water system) 1. 2. 3 161,000,000 Elevated 5,000,000 gallons Ground 55,150,000 gallons Designed daily capacity of system Storage Capacity: List all current water supply sources in gallons: gallons per day Water Supply Source Source Type* Total Gallons Lake Corpus Christi Surface water 83,824,842,826 Choke Canyon Resery Surface water 226,555,475,060 Lake Texana Contract 13,633,605,840 Select Select Select *Select one of the following source types: Surface water, Groundwater, or Contract 4. If surface water is a source type, do you recycle backwash to the head of the plant? IF Yes 7,500,000 estimated gallons per day No III D. Projected Demands 1. Estimate the water supply requirements for the next ten years using population trends, historical water use, economic growth, etc. Year Population Water Demands (gallons) 2013 455,151 41,000,000,000 2014 465,390 42,222,557,942 2015 475,858 43,085,740,913 2016 486,563 48,030,317,189 2017 497,508 52,009,904,031 2018 508,699 52,525,948,530 2019 520,142 53,048,185,563 2020 531,843 53,576,689,440 2021 543,543 54,111,535,364 2022 555,502 54,652,799,439 2. Describe sources of data and how projected water demands were determined. Attach additional sheets if necessary. The population projection is for the REGION. It was determined by using the 2012 population and 2020 projection to calculate an annual growth rate of 2.2 %. The water demands for the region were calculated by using the same percentage growth from population projections (2.2 %) and subtracting 1 % for conservation goals. This equates to 1.2% annual growth in demand, primarily municipal. In addition to that regular municipal growth, demand from nine potential industrial customers was added in years 2014 -2017. The additional demand from new industry is approximately: Year 2014: 730,557,942 gal 2015: 365,278,971 gal 2016: 4,440,697,428 gal 2017: 3,469,661,448 gal Iy E. High Volume Customers 1. If applicable, list the annual water use for the five highest volume RETAIL customers. Select one of the following water use categories to describe the customer; choose Residential, Industrial, Commercial, Institutional, or Agricultural. Retail Customer Water Use Category* Annual Water Use Treated or Raw Valero Refining Industrial 2,237,220,000 Treated L ondell Chemical Co. Industrial 1,863,461,000 Treated Koch Refining Industrial 1,706,661,000 Treated Koch Refining Industrial 831,590,000 ITreated Cal pine Industrial 559,130,000 Treated *For definitions on recommended customer categories for classifying customer water use, refer to the Guidance and Methodology for Reporting on Water Conservation and Water Use 2. If applicable, list the annual water use for the five highest volume WHOLESALE customers. Select one of the following water use categories to describe the customer; choose Municipal, Industrial, Commercial, Institutional, or Agricultural. Wholesale Customer Water Use Category* Annual Water Use I Treated or Raw Raw San Patricio Municipal Wat Select 7,503,168,000 City of Alice Select 2,362,228,000 Raw City of Beeville Select 1,314,951,000 IRaw South Texas Water Autorit) Select 549,350,000 ITreated Neuces Co. WCID #4 ISelect 497,305,000 Treated *For definitions on recommended customer categories for classifying customer water use, refer to the Guidance and Methodology for Reporting on Water Conservation and Water Use 43 Section 11: Retail System Data If you do not provide retail water, go to Section III. 44 A. Retail Connections 1. List the active retail connections by major water use category. Water Use Category* 2008 Active Retail Connections Net Number of New Retail Connections Metered Unmetered Total Connections Residential - Single Family 7,802,013,000 81,000 0 81,000 Residential — Multi- family (units) 1,792,103,000 979 0 2008 979 Industrial 2010 18 0 18 Commercial 3,869,811,3,744,294,0 2,181 0 2,181 Institutional 568 1,137 0 Family 1,137 Agricultural 0 0 0 24,989,98 0 22,877,901, TOTAL 85,315 0 33 85,315 *For definitions on recommended customer categories for classifying customer water use, refer to the Guidance and Methodology for Reporting on water Conservation and water Use 2. List the net number of new retail connections by water use category for the previous five years *For definitions on recommended customer categories for classifying customer water use, refer to the Guidance and Methodology for Reporting on water Conservation and water Use B. Retail Water Accounting Data - Water Use Categories For the previous five years, enter the number of gallons of RETAIL water provided in each major water use category. 2008 2009 Net Number of New Retail Connections Residential - Single Family Water Use Category* 7,860,176,00 6,428,436,0 7,802,013,000 6,938,500,0 Residential — Multi- family 1,727,963,00 1,706,633,0 1,792,103,000 1,777,047,0 Industrial 2008 2009 10,291,335, 2010 11,191,421, 2011 2012 Residential - Single 3,869,811,3,744,294,0 1,000 423 263 1,022,418,0 568 997,626,000 1,048 Family 0 0 0 0 TOTAL 24,989,98 24,967,842,0 22,877,901, 119,079,395,0 Residential — Multi- 33 581 86 50 -47 family (units) Industrial -17 -6 0 7 -6 Commercial 79 -636 -142 132 129 Institutional 7 59 -39 14 -19 Agricultural 0 0 0 0 0 TOTAL 1,102 421 168 771 1,105 *For definitions on recommended customer categories for classifying customer water use, refer to the Guidance and Methodology for Reporting on water Conservation and water Use B. Retail Water Accounting Data - Water Use Categories For the previous five years, enter the number of gallons of RETAIL water provided in each major water use category. *For definitions on recommended customer categories for classifying customer water use, refer to the Guidance and Methodology for Reporting on water Conservation and water Use M 2008 2009 2010 2011 2012 Residential - Single Family 7 7,860,176,00 6,428,436,0 7,802,013,000 6,938,500,0 Residential — Multi- family 1,727,963,00 1,706,633,0 1,792,103,000 1,777,047,0 Industrial 10,629,910,0 10,291,335, 104,444,590,0 11,191,421, Commercial 3,636,586,00 3,429,079,0 3,869,811,3,744,294,0 Institutional 1,113,207,00 1,022,418,0 1,170,878,000 997,626,000 Agricultural 0 0 0 0 TOTAL 24,989,98 24,967,842,0 22,877,901, 119,079,395,0 24,648,888, *For definitions on recommended customer categories for classifying customer water use, refer to the Guidance and Methodology for Reporting on water Conservation and water Use M C. Retail Water Accounting Data - Annual and Seasonal Use For the previous five years, enter the number of gallons provided to RETAIL customers. TREATED RAW 2008 2009 2010 2011 2012 January 1 1 611 643 000 1 1 511 280 000 1 February 1,595,165,000 1,640,234,000 1,470,857,000 1,724,705,000 1,619,771,000 March 1 1 916 407 000 1 1 708 092 000 1 April 1,967,995,000 2,065,702,000 1,782,504,000 1,939,644,000 2,054,751,000 May 2 2 109 063 000 1 2 164 708 000 2 June 2,279,660,000 2,456,525,000 1,939,886,000 2,138,681,000 2,125,106,000 July 1 2 482 952 000 1 2 279 337 000 2 August ' 2,319,544,000 2,195,283,000 2,027,583,000 2,432,124,000 2,315,491,000 September 1 1 745 541 000 1 2 067 756 000 2 October 1,838,550,000 1,664,219,000 2,045,253,000 1,870,060,000 1,806,203,000 November 1,682,971,000 1,624,329,000 1,754,376,000 1,684,505,000 1,833,606,000 December 1 1 549,330,000 1 609,584 1 727 1 TOTAL 22,994A 80 00 23,061,228,00 21,182,378,00 23,248,385,00 23,371,368,00 RAW [f: 2008 2009 2010 2011 2012 January 184,547,000 162,466,000 96,266,000 142406000 124,872,000 February 180,547 150,101 76,936,000 129,606,000 121 March 174,000,000 156,213,000 170,231,000 137,145,000 156,124,000 April 136,035,000 184 128 195 000 155,815,000 104 May 200,670,000 174,190,000 175,164,000 165,362,000 57,205,000 June 181 178,229,000 159,264 182 69,286,000 July 188,869,000 196,160,000 149,023,000 186,308,000 74,054,000 August 174 166,261 177 172 81 September 190,665,000 142,209,000 105,001,000 137,612,000 105,151,000 October 176,652,000 152,832,000 153,880,000 148,987,000 154,002,000 November 153,705,000 125,789,000 143,971 143,022 105,173,000 December 154,140,000 117,639,000 159,789,000 130,041,000 123,724,000 TOTAL 2,095,504,000 1 6 515 000 1,741,663,000 1,830,879,000 1 [f: D. Water Loss Provide Water Loss Data for the previous five years Water Lass GP CD = [Total Water Lass In Gallons = Permanent Population Served[ = 365 Water Lass Percentage = [Total Water Lass = Total System Input] x 100 Year Total Water Loss in Gallons Water Loss in GPCD Water Loss as a Percentage 2008 73,098,630 97,850,000 0% 2009 80,197,260 96,220,000 0% 2010 1,338,416,000 12 5% 2011 945,865,000 8 3% 2012 1,893,644,000 17 7% 5 -year average 835,585,000 7 3% E. Peak Day Use Provide the Average Daily Use and Peak Day Use for the previous five years Year Average Daily Use (gal) Peak Day Use (gal) Peak Factor 2008 73,098,630 97,850,000 1.34 2009 80,197,260 96,220,000 1.20 2010 70,515,068 83,960,000 1.19 2011 78,978,082 98,830,000 1.25 2012 74,449,315 103,500,000 1.39 47 Section III: Wholesale System Data If you do not provide wholesale water, go to Section IV. 48 A. Wholesale Connections 1. List the active wholesale connections 6v major vvateruaeoategory. *For definitions on recommended customer categories for classifying customer water use, refer m the Guidance and. Methodology for Reporting on Water Conservation and Water Use. Z. List the net number of new wholesale connections by water use category for the previous five Vears. *For definitions on recommended customer categories for classifying customer water use, refer m the Guidance and Method o logy or, Repo rti,ng_o n_,Water Conservation and Water Use. B. Wholesale Water Accounting Data - Water Use Categories For the previous five Vears enter the number of gallons of WHOLESALE water exported (sold or transferred) to each major water use category. sm *For definitions on recommended customer categories for classifying customer water use, refer m the Guidance and_ Methodology for Reporting on Water Conservation and Water Use. Net Number of New Wholesale Connections Water Use Category* 2008 2009 r- 2010 2011 2012 Industrial -E7 0 0 0 0 n *For definitions on recommended customer categories for classifying customer water use, refer m the Guidance and Method o logy or, Repo rti,ng_o n_,Water Conservation and Water Use. B. Wholesale Water Accounting Data - Water Use Categories For the previous five Vears enter the number of gallons of WHOLESALE water exported (sold or transferred) to each major water use category. sm *For definitions on recommended customer categories for classifying customer water use, refer m the Guidance and_ Methodology for Reporting on Water Conservation and Water Use. C. Wholesale Water Accounting Data - Annual and Seasonal Use For the previous five years, enter the number of gallons exported (sold or transferred) to WHOLESALE customers. TREATED RAW 2008 2009 2010 2011 2012 January 156,036,000 163,398,000 139,053,000 125,804,000 140,348,000 February 147 167 103,230,000 147 124 March 150,369,000 178,741,000 157,652,000 171,023,000 192,433,000 April 185,119,000 203,186 128,302 293,961 119,278,000 May 187,865,000 213,432,000 224,211,000 126,365,000 131,363,000 June 204,434,000 259,289,000 216,823,000 216,230,000 132 ,691,000 July 207,798,000 295,011,000 200,233,000 243,039,000 106,542,000 August 181,726,000 286,514,000 226,918,000 238,534,000 121,995,000 September 176,021 177 216,989,000 222 74 October 174,066,000 174,148,000 168,765,000 202,247,000 133,888,000 November 164 149,933,000 149,667 182 43,383,000 December 148,336,000 161,285,000 163,231,000 138,335,000 62,779,000 TOTAL 2,083,024,000 2 429 498 000 2 2 308 082 000 1 RAW �7� 2008 2009 2010 2011 2012 January 747 773,039,000 636,782 722 933,462,000 February 836,069,000 724,658,000 506,561,000 621,342,000 571,041,000 March 760,960,000 845,572 879,568,000 1 745 128 000 April 800,326,000 964,408,000 670,209,000 515,765,000 931,564,000 May 900 475 000 878,828,000 807 954 812 June 1,092,487,000 1,108,488,000 714,347,000 1,119,197,000 1,149,667,000 July 907,435,000 1,259,795,000 617,645,000 1, 1,030,782,000 August 881 1 719 526 000 1 1 336 807 000 September 739,859,000 806,000,000 605,666,000 1,130,371,000 1,245,427,000 October 924 755,351 562 1 880 124 000 November 793,863,000 754,721,000 652,893,000 844,904,000 1,053,925,000 December 671 532 609,665,000 807 798 ,460,000 TOTAL 10,055,959,00 10,451,627,00 7,982,799,000 11,677,140,00 11,488,815,00 �7� D. Water Loss Provide Water Loss Data for the previous five years Water Lass GP CD = [Total Water Lass In Gallons = Permanent Population Served[ = 365 Water Lass Percentage = [Total Water Lass = Total System Input] x 100 Year Total Water Loss in Gallons Water Loss in GPCD Water Loss as a Percentage 2008 73,098,630 0% 2009 80,197,260 0% 2010 70,515,068 0% 2011 78,978,082 0% 2012 74,449,315 0% 5 -year average 0 0 0% E. Peak Day Use Provide the Average Daily Use and Peak Day Use for the previous five years Year Average Daily Use (gal) Peak Day Use (gal) Peak Factor 2008 73,098,630 0.00 2009 80,197,260 0.00 2010 70,515,068 0.00 2011 78,978,082 0.00 2012 74,449,315 0.00 611 Section IV: Wastewater System Data If you do not provide wastewater system services then you have completed the Utility Profile. Save and Print this form to submit with your Plan. Continue with the Water Conservation list to complete your Water Conservation Plan. IMA A. Wastewater System Data (Attach a description of your wastewater system) 1. Design capacity of wastewater treatment plant(s): 42,700,000 gallons per day. 2. Provide data on the types of recycling and reuse activities implemented during the current reporting period. Total Annual Volume (in gallons) On -site irrigation Plant wash down Chlorination /de- chlorination Industrial Landscape irrigation (parks, golf courses) 456,000,000 Agricultural Discharge to surface water Evaporation pond 456,000,000 3. Could treated wastewater be substituted for potable water? Yes • No B. Wastewater Data for Service Area 1. Percent of water service area served by wastewater system: gg % 2. Monthly treated wastewater volume in gallons, for the previous five years You have completed the Utility Profile. Save and Print this form to submit with your Plan. Continue with the Water Conservation Plan Checklist to complete your Water Conservation Plan. 53 2008 2009 2010 2011 2012 January 844,794,000 797,073,000 983,432,000 903,991,000 762,135,000 February 767,407,000 729,539,000 1,024,434,000 824,264,000 776,272,000 March 845,987,000 808,465,000 880,390,000 811,053,000 788,485,000 April 835, 953, 000 787, 865, 000 825, 083, 000 761, 910, 000 796, 530, 000 May 854,626,000 826,535,000 828,120,000 812,386,000 847,044,000 June 814,734,000 794,940,000 846,968,000 782,970,000 792,510,000 July 966,682,000 828,763,000 963,373,000 799,490,000 821,469,000 August 932,520,000 825,497,000 854,765,000 800,327,000 817 September 865,137,000 887,930,000 1,252,114,000 747,780,000 816,630,000 October 845,260,000 878,410,000 869,442,000 774,194,000 795,522,000 November 786,877,000 897,954,000 804,930,000 742,290,000 749,460,000 December 803,557,000 995,703,000 798,343,000 779,433,000 766,041,000 TOTAq 10,163,534,000 10,058,674,00 10,931,364,00 9,540,088,000 9,529,661,000 You have completed the Utility Profile. Save and Print this form to submit with your Plan. Continue with the Water Conservation Plan Checklist to complete your Water Conservation Plan. 53 TEXAS NATURAL RESOURCE CONSERVATION COMMISSION E Op� ; I � 2 Y y AN AGREED ORDER Amending the operational procedures and continuing an Advisory Council pertaining to Special Condition 5.B., Certificate of Adjudication No. 21 -3214; Docket No. 2001- 0230 -WR On April 4, 2001, came to be considered before the Texas Natural Resource Conservation Commission ( "Commission ") the Motion by the City of Corpus Christi and Nueces River Authority for the adoption of an amendment to the Agreed Order issued April 28,1995, establishing operating procedures pertaining to Special Condition S.B., Certificate of Adjudication No. 21 -3214, held by the City of Corpus Christi, the Nueces River Authority, and the City of Three Rivers" (the two cities and river authority shall be referred to herein as "Certificate Holders "). The Certificate Holders and the Executive Director of the Texas Natural Resource Conservation Commission have agreed the provisions of this Agreed Order. The City of Corpus Christi (managing entity) requests that Section 2 of this Agreed Order be amended to add further detail to the provisions regarding the use of water for bays and estuaries and to make changes in the required passage of inflows for the bays and estuaries . automatic at'40 percent and 30 percent of total reservoir system capacity upon institution of mandatory outdoor watering restrictions. Additionally, Certificate Holders request the most recent bathymefric surveys be used for determining reservoir system storage capacity. The Certificate Holders request details be added regarding provisions for two projects to enhance /augment the amount of freshwater going into the receiving estuary and timelines for those projects. After considering the proposals and the. presentations of the parties, the Commission finds that it has authority to establish operational procedures under Special Condition 5.B. of Certificate of Adjudication No. 21 -3214, and that operational procedures previously established should be amended. The Commission finds that, because of the need to continue to monitor the ecological environment and health of related living marine' resources of the estuaries to assess the effectiveness of freshwater inflows provided by requirements contained in this Agreed Order relating- to.,rdlea"ses and spills from Choke Canyon Reservoir and Lake Corpus Christi (collectively .referred.to' as the Reservoir System); as well as return flows, and.to evaluate.potential impacts which may occur 'to the . reservoirs as well as to the availability of water to meet the needs of the Certificate< Holders and their.. customers which may result from those operational procedures, the existing advisory council should be maintained to consider such additional information and related issues and to formulate recommendations for the Commission's review. The Commission additionally finds that based on the preliminary application of the Texas Water Development Board's Mathematical Programming Optimization Model, (GRG -2),' 138,000 acre -feet of fresh water is necessary to achieve maximum harvest in the Nueces Estuary; and, therefore, when water is impounded in the Lake Corpus Christi -Choke Canyon Reservoir System to the extent greater than 70 percent of the system's storage capacity, the delivery of 138,000 54 acre -feet of water to Nueces Bay and/or the Nueces Delta, by a combination of releases and spills, together with diversions and return flows noted below, should be accomplished; and that during periods when the reservoir system contains less than 70 percent storage capacity, reductions in releases and spills, along with diversions and return flows, are appropriate in that a satisfactory level of marine harvest will be sustained and the ecological health of the receiving estuaries will be maintained. The Commission finds that return flows, other than to Nueces Bay and/or the Nueces Delta, that are delivered to Corpus Christi Bay and other receiving estuaries are currently in the assumed amount of 54,000 acre -feet per annum (per calendar year), and that they shall be credited at this amount until such time as it is shown that actual return flows to Corpus Christi Bay and other receiving estuaries exceed 54,000 acre -feet per annum. The Commission finds that by contractual relationships, the City of Corpus Christi is the managing entity for operating the Reservoir System. The Commission finds that the Motion by the City of Corpus Christi and Nueces River Authority to Amend this Agreed Order is reasonable and should be granted. Benefits ofthe proposed diversion project and operating changes will include increased water supply, increased reservoir storage levels, increased positive flow events for Rincon Bayou and the upper Nueces Delta, increased sources of nitrogen for the upper delta, and lower'salinity.levels in the upper delta. When the Commission uses the word "release" in this Order, release means spills, inflow passage, intentional releases, and return flows; provided, however, under this Order no release from storage is required to meet conditions of this Order. By consenting to the issuance of this Agreed Order, no party admits or denies any claim, nor waives with respect to any subsequent proceeding any interpretation or argument which may be contrary to the provisions of this Agreed Order. NOW, THEREFORE, BE IT ORDERED BY THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION THAT: a: .The City of Corpus Christi, as operator of the Choke Canyon/.Lake .Corpus Christi reservoirs'(the "Res ervoir.Systein "), shall provide not less than 15 1, 00 0 acre-'feet of water per annum (per calendar year) for the estuaries by a combination of releases and spills from the Reservoir System at Lake Corpus Christi Dam and return flows to Nueces and Corpus Christi Bays and other receiving estuaries (including such credits as may be appropriate for diversion of river flows and/or return flows to the Nueces Delta and/or Nueces Bay), as computed and to the extent provided for herein. b. When water impounded in the Reservoir System is greater than or equal to 70 percent of storage capacity, a target amount of 138,000 acre -feet is to be delivered to Nueces Bay and/or the Nueces Delta by a combination of release& and spills from Page 2 of 11 55 the Reservoir System as well as diversions and return flows. Li accordance with the monthly schedule and except as provided otherwise in this Agreed Order, target inflows to Nueces Bay and/or the Nueces Delta shall be in the acre -foot amounts as follow:. January 2,500 Tilly 6,500 February 2,500 August 6,500 March 3,500 September 28,500 April 3,500 October 20,000 May 25,500 November 9,000 June 25,500 December 4,500 It is expressly provided, however, that releases from Reservoir System storage shall not be required to satisfy the above targeted inflow amounts, as calculated in Subparagraph d. C. When water impounded in the Reservoir System is less than 70 percent but greater than or equal to 40 percent of storage capacity, a targeted amount of 97,000 acre -feet is to be delivered to Nueces Bay. and /or the Nueces Delta by a combination of releases and spills from the Reservoir System as well as diversions and return flows. In accordance with the monthly schedule and except as provided otherwise in this Agreed. Order, target inflows. to .Nueces Bay and /or the Nueces Delta shall be in the acre -foot amounts as follows: January 2,500 July 4,500 February 2,500 August 5,000 March 3,500 September 11,500 April 3,500 October 9,000 May 23,500 November 4,000 June 23,000 December 4,500 It is expressly provided, however, that releases from Reservoir System storage shall not be required to satisfy the above targeted inflow amounts as calculated- in Subparagraph d. . d. The amounts of water required in. subparagraphs Lb. and Lc'. will consist of return flows, and intentional diversions, as well as spills and releases from the Reservoir System as defined in this subparagraph. For purposes of compliance with monthly targeted amounts prescribed above, the spills and releases described in this paragraph shall be measured at the U.S. Geological Survey stream monitoring station on the Nueces River at Calallen, Texas (USGS Station No. 08211500). Any inflows, including measured wastewater effluent and rainfall runoffineeting lawful discharge standards which are intentionally diverted to the upper Nueces Delta region, shall be credited toward. the total inflow amount delivered to Nueces Bay and/or the Nueces Page 3' of 11 56 Delta. Inflow passage from the Reservoir System for the purpose of compliance with the monthly targeted amounts prescribed in subparagraphs l .b. and 1.c. shall in no case exceed the estimated inflow to Lake Corpus Christi as if there were no impoundment of inflows at Choke Canyon Reservoir. The estimated inflow to .Lake Corpus` Christi as if there were no impoundment of inflows at Choke .Canyon Reservoir shall be computed as the sum of the flows measured at the U.S. Geological Survey (USGS) STREAMFLOW .GAGING STATIONS ON THE Nueces River near Three Rivers (USGS No. 08210000), Frio River at .Tilden, Texas (USGS No. 08206600), and San Miguel Creek near Tilden, Texas (USGS No. 08206700) less computed releases and spills from Choke Canyon Reservoir. e. The passage of inflow necessary to meet the monthly targeted allocations may be distributed over the calendar month in a manner to be determined by the City. Relief from the above requirements shall be available under subparagraphs (1) or (2) below and Section 2.(b) and 3.(c) at the option of the City of Corpus Christi. However, passage of inflow may only be reduced under one of those subparagraphs below, for any given month. (1) Inflows to Nueces Bay and /or the Nueces Delta in excess of the required monthly targeted amount may be credited for up to fifty (50) percent of the targeted requirement for the following month, based on the amount received. (2) When the mean salinity in Upper Nueces Bay (Lat. 27 °51'02 ",Lon 0'. 97 °28'52 ") for a .10 -day period, ending at any time during the calendar month for which the reduction of the passage of inflow is sought, is below the SUB *, pass through of inflow from the reservoir system for that same calendar month may be reduced as follows: (a) For any month other than May, June, September and October, if 5 parts per thousand (ppt) below the SUB for the month, a reduction of 25% of the current month's targeted Nueces Bay inflow; (b) If 10 ppt below the SUB for the month, a reduction of 50 % of the current month's targeted Nueces Bay inflow except that - credit under this provision is limited to 25 % during the' months of May, June, September and October; . * "SUB" means "salinity upper bounds" as set forth more specifically in Section 3.b. (c) If 15 ppt below the SUB for that month, a reduction of 75% of the current month's targeted Nueces Bay inflow. Page 4 of 11 57 f. The City of Corpus Christi shall submit monthly reports to the Commission containing daily inflow amounts provided to the Nueces Estuary in accordance with this Agreed Order through releases, spills, return flows and other freshwater inflows. 2. a: Certificate holders are to provide in any future contracts or any amendments, modifications or changes to existing contracts the condition 'that all wholesale customers and any subsequent wholesale customers shall develop and have in effect a water conservation and drought management plan consistent with Commission rule. The City of Corpus. Christi shall solicit from its customers and report to the Commission annually the result of conservation under the City's plan, the customers' plans, and the feasibility of implementing conservation plans and programs for all users of water from the reservoir system. This report shall be submitted with the Certificate Holder's annual water use report as provided by 31 T.A.C. 5295.202. b. The Certificate Holders may reduce targeted Nueces Bay inflows during times of prolonged drought in accordance with this subparagraph 2. (1) When the combined storage in the Choke Canyon /Lake Corpus Christi reservoir system (Reservoir System Storage) falls below 50% of the total system storage capacity, the City of Corpus.Christi shall issue public notice advising ` and .informing the water users of the region of voluntary conservation measures that are requested immediately and required drought management measures to be taken should the Reservoir Systern Storage -fall m to under 40% and/or 30% of total syste storage capacity. To the' extent of its legal authority, the City of Corpus Christi shall require its wholesale customers to issue public notice advising and informing the water users ofthe region of voluntary conservation measures that are requested immediately and required drought management measures to be taken should the Reservoir System Storage fall to under 40 %. and/or 30% of total system storage capacity. (2) In any month when Reservoir System Storage is less than 40 %, but equal to or greater than 30% of total. system storage capacity, the City of Corpus Christi shall implement time of day outdoor watering restrictions and shall reduce targeted inflows to Nueces Bay to 1,200 acre -feet per month (1,200 acre -feet per month represents the quantity ofwater that is the median inflow into Lake Corpus Christi during the drought of record). Time of day outdoor watering restrictions prohibit lawn watering between the hours of 10:00 o'clock a.m. and 6:00 o'clock p.m. and are subject to additional conditions as described in the City of Corpus Christi's approved "Water Conservation and Drought Contingency Plan ( "Plan ")." To the extent of its legal authority, the City of Corpus Christi shall require its wholesale customers to implement time of day outdoor watering restrictions similar to those of the City. Page 5 of 11 58 (3) In any month when Reservoir System Storage is less than 30% of total system storage capacity, the City of Corpus Christi shall implement a lawn watering schedule in addition to time of day outdoor watering restrictions (see subparagraph 2.b.(2)) and shall suspend the .passage of inflow from Reservoir System for targeted inflows to Nueces Bay. However, return flows directed into Nueces Bay and/or the Nueces Delta shall continue. The lawn watering schedule shall allow customers to water lawns no oftener than every five days, subject to the time of day restrictions described in subparagraph 2.b.(2) and any additional conditions as described in the City's Plan. (4) Certificate Holders' may implement whole or partial suspension of the passage of inflow through the reservoir as described above when the City implements, and requires its customers to implement, water conservation and drought management measures at diminished Reservoir System levels, as set forth in subparagraphs b.(2) and b.(3). C. For purposes of this Agreed Order, Reservoir System storage capacity shall be determined by the most recently completed bathymetric survey of each reservoir. As of 2001, completed bathymetric surveys of each reservoir reports conservation storage capacities of 695,271 acre -feet (below 220.5 feet mean sea level) for Choke Canyon Reservoir (Volumetric Survey of Choke Canyon Reservoir, TWDB September 23, 1993) and 241,241 acre -feet (below 94 feet mean sea level) for Lake Corpus Christi (Regional Water Supply Planning Study -Phase I Nueces River Basin, HDR, December, 1990). d. Percentage of the Reservoir System capacity shall be. determined on a daily basis and shall govern, in part, the inflow to be passed through the reservoir during the remainin days of the month.. e. Within the first ten days of each month, the City of Corpus Christi shall submit to the Commission a monthly report containing the daily capacity of the Reservoir System in percentages and mean sea levels as recorded for the previous month as well as reservoir surface areas and estimated inflows to Lake Corpus Christi assuming no impoundment of inflows at Choke .Canyon Reservoir. The report shall indicate which gages or measuring devices were used to determine Reservoir System capacity and estimate inflows to Lake Corpus Christi. f. Concurrent with implementing subparagraphs 2.b.(1) through 2.b.(3), the City shall proceed to: 1. Acquire land rights to properties necessary to re -open the Nueces River Overflow Channel and make the Nueces River Overflow Channel and Rincon Bayou Overflow Channel permanent features ofthe Rincon Bayou Diversion; Page 6 of 11 59 2. Construct and operate a conveyance facility to deliver up to 3,000 acre -feet per month of required Reservoir System "pass- throughs" directly from the Calallen Pool into the Upper Rincon Bayou by use of one or two of the five authorized points of diversion under Certificate of Adjudication No. 2464, being the.existing San Pairicio Municipal Water District point of diversion and/or a point on the North bank of the Calallen Pool located at Latitude 27.8823 °N, Longitude 97.6254 °W, also bearing S 27° 24'W, 4,739 feet from the southwest corner of the J.H.W. Ottman Survey, Abstract No. 212, San.Patricio County, Texas, where the water will be pumped at the maximum rate of 45,000 gprri; and 3. Implement an on -going monitoring and assessment program designed to. facilitate an "adaptive management" Program for freshwater inflows, into the Nueces Estuary. 4. Constniction necessary to implement subparagraph 2.f.1. shall be accomplished by December 31, 2001 and work necessary to accomplish subparagraph 212. shall be accomplished by December 31, 2002. 5. In the event the City fails to timely complete the work set forth in subparagraphs 2.,f 1. and 21.2., this amendment shall automatically terminate and the provisions of the Agreed Order of April 28, 1.995 shall be reinstated and become operative despite this amendment unless the Executive Director grants a modification after considering the recommendations of the Nueces Estuary Advisory Council. gated authorityto make modifications to subparagraph g. The Executive Director is dele 2.f., after considering the recommendations of the Nueces Estuary Advisory Council. However, changes may be made through this process only with the City's consent if the changes result increased costs to the City. If the Executive Director makes modifications to subparagraph 2.f. as authorized in this paragraph, any affected person. may file with the chief clerk a motion for reconsideration of the Executive Director's action no later.than 23 days after the date the Executive Director mails rioticeofthe .modificationto the City. Thismotionshall be considered under the provisions of 30 Texas Administrative' Code § 50.39(d) and h. The City shall obtain all necessary permits from the Commission before beginning these projects. The deadlines set out above include time necessary to apply for, process and, if necessary, complete hearings on these permits. 3. a. The City of Corpus Christi, with the assistance and/or participation of federal, state and local entities, shall maintain a monitoring program to assess the effect of this Page 7 of 11 60 operating plan on Nueces Bay. The cornerstone of this program is the development of a salinity monitoring program. The program shall include at least two monitoring stations, one in upper Nueces Bay (Lat. 27'5 P02 ", Long. '97'2852") and one in mid Nueces Bay (Lat. 27'51 Long. 97 °25'28 ") with the capability of providing continuous salinity and/or conductivity. data, temperature; pH, and dissolved oxygen levels. Additional stations may be established at the recommendation of the Advisory Council (continued by paragraph 4 of this Agreed Order) to assess inflow effects throughout the estuarine system, but the City shall not be obligated to establish such additional stations except to the extent authorized by its City Council. b. The City of Corpus Christi or its designated representatives shall monitor salinity levels in Upper and Mid - Nueces Bay. The lower (SLB) and upper (SUB) salinity bounds (in parts per thousand -ppt) developed for application of the Texas Estuarine Mathematical Programming Model and considered appropriate for use herein, are as follows: C. When the average salinity for the third week (the third week includes the seven days from the 15th through 21st) of any month is at or below the subsequent month's established SLB for upper Nueces Bay (Lat. 27'5 P02 ", Long. 97'28'52"), no releases from the Reservoir System to satisfy targeted Nueces Bay inflow mounts shall be required for that subsequent month. d. All data collected as a result of the monitoring program required by paragraph 3 of this Agreed Order shall be submitted monthly to the Commission within the first ten days of the immediately following month.. The Nueces Estuary Advisory Council shall study the feasibility of developing a method of granting credits for.inflows* which exceed the required amounts to replace the credits that are set out in subparagraph Le.(1) and make recommendations to the Commission for possible implementation. That method shall have as its goal the maintenance of the proper ecological environment and health of related living marine resources and the provision of maximum reasonable credits towards monthly inflow requirements. 4. a. To assist the Commission in monitoring implementation of this Order and making recommendations to the Commission relating to any changes to this Agreed Order and the establishment of future operating procedures, the Nueces Estuary Advisory Page 8-of 11 m SLB SUB SLB SUB January 5 30 July 2 25 February 5 30 August 2 25 March 5 30 September 5 20 April 5 30 October 5 30 May 1 20 November 5 30 June 1 20 December 5 30 C. When the average salinity for the third week (the third week includes the seven days from the 15th through 21st) of any month is at or below the subsequent month's established SLB for upper Nueces Bay (Lat. 27'5 P02 ", Long. 97'28'52"), no releases from the Reservoir System to satisfy targeted Nueces Bay inflow mounts shall be required for that subsequent month. d. All data collected as a result of the monitoring program required by paragraph 3 of this Agreed Order shall be submitted monthly to the Commission within the first ten days of the immediately following month.. The Nueces Estuary Advisory Council shall study the feasibility of developing a method of granting credits for.inflows* which exceed the required amounts to replace the credits that are set out in subparagraph Le.(1) and make recommendations to the Commission for possible implementation. That method shall have as its goal the maintenance of the proper ecological environment and health of related living marine resources and the provision of maximum reasonable credits towards monthly inflow requirements. 4. a. To assist the Commission in monitoring implementation of this Order and making recommendations to the Commission relating to any changes to this Agreed Order and the establishment of future operating procedures, the Nueces Estuary Advisory Page 8-of 11 m Council shall be continued. Its members shall include, but are not limited to a qualified representative chosen by each of the following entities or groups: the Executive Director of the Texas Natural Resource Conservation Commission, whose representative shall. serve as chairlhe Texas Water Development Board; the Texas Parks and Wildlife Department; the Texas Department of Health; the General Land Office; the holders of Certificate of Adjudication No. 21 -3214 (the Cities Corpus Christi and Three Rivers and the Nueces River Authority; the University of Texas Marine Science Institute; Texas A &M University - Corpus Christi; Save Lake Corpus Christi; Corpus Christi Chamber of Commerce; the City of Mathis; Coastal Bend Bays and . Estuaries Program, Inc.; a commercial bay fishing group; a conservation group (e.g.. the Sierra Club and the Coastal Bend Bays Foundation); wholesale water suppliers who are customers of the Certificate Holders (e.g., the South Texas Water Authority and the San Patricio Municipal Water District); the Port of Corpus Christi Authority; and a representative of industry. The representatives should have experience and knowledge relating to current or future water use and management or environmental and economic needs of the Coastal Bend area. b. No modification shall be made to this Order without the unanimous consent of the Certificate Holders, except to the extent provided by law. C. Matters to be studied by the Nueces Estuary Advisory Council .and upon which the Executive Director shall certify recommendations to the Commission shall include, but are not limited to: (1) the effectiveness of the inflow requirements contained in this Agreed Order on Nueces Estuary and any recommended changes; (2) the effect of the releases from the Reservoir System upon the aquatic and wildlife habitat and other beneficial and recreational uses of Choke Canyon Reservoir and Lake Corpus Christi; (3) the development and implementation of a short and long -term regional water management plan for the Coastal Bend Area; (4) the salinity level to be applied in Paragraphs I.e. and 3.c., at which targeted - inflows in the subsequent month may be suspended; (5) the feasibility of discharges at locations where the increased biological productivity justifies an inflow credit computed by multiplying the amount of discharge by a number greater ' than one; and development of a methodology for granting credits for inflows which exceed the required amount to replace the credits that are set out in subparagraph Le.. That methodology shall have as its goal the maintenance of the proper ecological Page 9 of 11 62 environment and health of related livinc marine resources and the provision of maximum reasonable credits towards monthly inflow requirements; and, (6) any other,matter pertinent to the conditions contained in this Agreed Order. Page 10 of 11 63 5. This Agreed Order shall remain in effect until amended or superseded by the Commission. Issued.date; APR : 0 5 2001 TEXAS NATURAL RESOURCE CONSERVATION COMMISSION ( R bert J. fuston, airman Page 11 of 11 64 CITY OF CORPUS CHRISTI - UTILITIES BUSINESS OFFICE UTILITY RATE SCHEDULE MONTHLY CHARGE FOR WATER SERVICE Effective August 1, 2012 MINIMUM MONTHLY CHARGE (FOR FIRST 2,000 GALLONS) INSIDE CITY LIMITS: OUTSIDE CITY LIMITS: Meter Size Minimum Meter Size Minimum 5/8" x 3/4" Residential $ 8.720 5/8" x 3/4" Residential $ 10.460 5/8" x 3/4" Commercial 12.580 5/8" x 3/4" Commercial 15.100 1" ............. 18.870 1" ............. 22.640 11/2" ............. 31.460 11/2" ............. 37.750 2" ............. 62.900 2" ............. 75.480 3" ............. 100.640 3" ............. 120.770 4" ............. 201.290 4" ............. 241.550 6" ............. 314.520 6" ............. 377.420 8" or larger ............. 629.030 8" or larger ............. 754.840 MONTHLY VOLUME CHARGES PER 1,000 GALLONS (above the minimum level) INSIDE THE CITY LIMITS: OUTSIDE THE CITY LIMITS: PER 1000 /GALLONS PER 1000 /GALLONS Residential Residential First 2,000 Gallons Minimum First 2,000 Gallons Minimum Next 4,000 .......... $ 4.172 Next 4,000 .......... $ 1.695 Next 4,000 .......... 5.215 Next 4,000 .......... 2.119 Next 5,000 .......... 5.997 Next 5,000 .......... 2.437 Next 15,000 .......... 7.301 Next 15,000 .......... 2.967 Next 20,000 ................ 8.865 Next 20,000 ................ 3.602 Next 50,000 ................ 9.648 Next 50,000 ................ 3.92 Over 100,000 .................. 10.43 Over 100,000 ................ 4.238 Commercial Commercial First 2,000 Gallons Minimum First 2,000 Over 2,000 .......... $ 5.172 Over 2,000 Larae Volume- Minimum Minimum First 10,000,000 Gallons $ 16,349.000 Over 10,000,000 ............. 3.597 Residential Irrigation Water on separate meter First 2,000 Gallons $ Minimum Next 4,000 ............. 7.301 Next 4,000 ............. 8.865 Next 5,000 ............. 9.648 Next 15,000 ............. 10.430 Agency for Resale Metered at the site of treatment First 2,000 Gallons Minimum Over 2,000 .......... $ 0.870 Monthly charge for Raw Water Effective September 1, 2012 Raw water rate payers ICL &OCL $0.856 /TGAL Raw water non rate payers ICL & OCL $0.902 /TGAL Minimum First 10,000,000 Over 10,000,000 First 2,000 Next 4,000 Next 4,000 Next 5,000 Next 15,000 Residential Gallons Minimum .......... $ 2.412 Volume- Minimum Gallons $ 27,279.000 ............. 1.493 Water on separate meter Gallons $ Minimum ............. 4.671 ............. 6.235 ............. 7.018 ............. 7.800 Water delivered through City facilities First 2,000 Gallons Minimum Over 2,000 .......... $ 1.493 Golf Course /Athletic Field lirrigation First 2,000 Gallons Minimum Over 2,000 .......... $ 2.542 W OPERATIONS PLAN FOR THE LAKE CORPUS CHRISTI -CHOKE CANYON RESERVOIR SYSTEM The following operations plan for the Lake Corpus Christi —Choke Canyon Reservoir water system provides for the two reservoirs to be operated as a regional water supply with primary purpose to be furnishings a dependable supply to the people in the Coastal Bend area. The plan also recognizes the need for the recreational facilities for public use and the Texas Water Commission adjudicated water permit which requires a minimum flow of 151,000 acre -feet of water annually to bays and estuaries from return flows, spills, or fresh water releases from Lake Corpus Christi once Choke Canyon Reservoir fills. The Plan consists of four phases of operation depending on the water levels in the two reservoirs. PHASE I - This phase applies only to the initial filling period of Choke Canyon Reservoir. It is necessary that this reservoir be filled at the earliest opportunity so that all structures and mechanical equipment can be tested. Initial filling of the reservoir also triggers the requirement that minimal flows be made available for bays and estuaries. 1. During the initial period, only the releases requires required by agreement between the City of Corpus Christi and the Texas Parks and Wildlife Department, varying between 15 and 33 cubic feet per second depending on the reservoir level, will be made unless Lake Corpus Christi elevation falls below elevation 86 feet. 2. If water user demand is less than 200,000 acre -feet annually and Lake Corpus Christi is at elevation 86 feet, water will be released from Choke Canyon to maintain this elevation until Choke Canyon Reservoir falls to elevation 184 feet. 3. When Lake Corpus Christi has fallen to elevation 86 feet and Choke Canyon has fallen to elevation 184 feet, Lake Corpus Christi will be allowed to drop to elevation 76 feet, at which time water will be released from Choke Canyon to allow user's intake structures at Lake Corpus Christi to be used. 4. Should water user demand excess 200,000 acre -feet annually, the water level of Lake Corpus Christi will be allowed to drop to elevation 76 feet prior to releases from Choke Canyon Reservoir. PHASE II - This phase applies after Choke Canyon Reservoir is filled and water user demand is less than 150,000 acre -feet annually. 1. A minimum of 2,000 acre -feet per month will be released from Choke Canyon Reservoir to meet conditions of the release agreement between City of Corpus Christi and the Texas Parks and Wildlife Department. DIV 2. Whenever Lake Corpus Christ water surface falls to elevation 88 feet and Choke Canyon Reservoir surface elevation is above 204 feet, releases will be made from Choke Canyon Reservoir to maintain Lake Corpus Christi surface at elevation 88 feet. 3. Whenever Lake Corpus Christi water surface is at or below elevation 88 feet and Choke Canyon Reservoir surface elevation is below 204 feet, the Choke Canyon release for the current month is made equal to the Lake Corpus Christi release from the preceding month. This minimizes drawdown at Lake Corpus Christi for recreation purposes and promotes a more constant quality of water by mixing Choke Canyon Reservoir releases with Lake Corpus Christi content. PHASE III - This phase applies after Choke Canyon Reservoir is filled and water user demand is between 150,000 and 200,000 acre -feet annually. During this period, water release plan prepared by the Bureau of Reclamation will be followed to produce a dependable yield of 252,000 acre -feet. 1. A minimum of 200,000 acre -feet per month will be releases from Choke Canyon Reservoir to meet conditions of the release agreement between the City of Corpus Christi and the Texas Parks and Wildlife Department. 2. Whenever Lake Corpus Christi water surface is at or below elevation 88 feet, and the ratio of Choke Canyon Reservoir content to Lake Corpus Christi content (both at the end of the preceding month) exceeds the corresponding ratio with 6 -foot drawdown at both reservoirs, the Choke Canyon Reservoir release for the current month is made equal to the Lake Corpus Christi release during the preceding month. This equalizes drawdown at the two reservoirs for recreation purposes and promotes a more constant quality of water by mixing Choke Canyon Reservoir releases with Lake Corpus Christi content. PHASE IV - This phase applies after Choke Canyon Reservoir is filled, water user demand exceeds 200,000 acre -feet annually, and developed long -term supply is less than 300,000 acre- feet annually. 1. A minimum of 2,000 acre -feet per month will be released from Choke Canyon Reservoir to meet conditions of the release agreement between the City of Corpus Christi and the Texas Parks and Wildlife Department. 2. In order to provide maximum dependable yield from the two reservoirs, the water level in Lake Corpus Christi will be allowed to drop top elevation 74.0 feet (Ordinance Changed #022661) before water is released from Choke Canyon Reservoir in excess of the 2,000 acre -feet per month requirement. When the elevation of Choke Canyon Reservoir drops to 155 feet, Lake Corpus Christi will be lowered to its minimum elevation. 67 LAKE CORPUS CHRISTI -CHOKE CANYON RESERVOIR STATISTICAL DATA Water Elevation Minimum Functional Capacity, Acre -Feet* When Full, Feet Elevation, Feet Lake Corpus Christi 272,000 94.0 76.0 Choke Canyon Reservoir 692,000 220.5 147.5 Intake Structure Elevations of Customers Withdrawing Water Directly from Lake Corpus Christi: Elevation. Feet City of Mathis 73.0 Beeville Water Authority 74.0 Alice Water Authority 67.0 City of Corpus Christi 55.0 Annual Lake Corpus Christi Withdrawals: Fiscal Year Total Withdrawn From Lake. Acre -Feet 1975 -76 • • • • • • • • • • • • 86,416 1976 -77 • • • • • • • • • • • • 86,408 1977 -78 • • • • • • • • • • • • 101,596 1978 -79 • • • • • • • • • • • • 96,029 1979 -80 • • • • • • • • • • • • 106,851 1980 -81 • • • • • • • • • • • • 104,657 1981 -82 • • • • • • • • • • • • 107,002 1982 -83 • • • • • • • • • • • • 107,348 1983 -84 • • • • • • • • • • • • 119,701 1984 -85 • • • • • • • • • • • • 90,226 1985 -86 • • • • • • • • • • • • 105,469 * 1 acre -foot = 325,850 gallons 68 Drought Contingency Plan 2013 City of Corpus Christi, Texas Cover photo by Fred Pena 1 . Introduction ........................................ ............................... 1 2. Declaration of Policy, Purpose, and Intent ................ ............................... 1 3. Public Education ...................................... ..............................2 4. Coordination with Regional Water Planning Groups ........ ............................... 2 S . Authorization ......................................... ..............................2 6 . Application ........................................... ..............................3 7 . Definitions ........................................... ..............................3 8. Criteria for Initiation and Termination of Drought Response Stages ...........................4 8.1 Stage 1— Mild Water Shortage Condition ........................................... ............................... 5 8.2 Stage 2 — Moderate Water Shortage Condition .................................. ............................... 5 8.3 Stage 3 — Severe Water Shortage Condition ....................................... ............................... 5 8.4 Stage 4 — Critical Water Shortage Condition ....................................... ............................... 5 8.4 Stage 5 — Emergency Water Shortage Condition ................................ ............................... 6 9. Drought Stages Response Notification ..................... ..............................6 10. Drought Stage Best Management Practices and Restrictions .. ..............................7 10.1. Stage 1— Mild Water Shortage Conditions .............................................. ............................... 7 10.2. Stage 2 — Moderate Water Shortage Conditions ..................................... ............................... 8 10.3. Stage 3 — Severe Water Shortage Conditions .......................................... ............................... 9 10.4. Stage 4 — Critical Water Shortage Conditions ........................................ ............................... 10 10.5. Stage 5 — Emergency Water Shortage Conditions ................................ ............................... 11 11. Surcharges for Drought Stages 4 -5 and Service Measures .. ............................... 12 12. Allocation and Review Committee: establishment, composition, powers, and duties ...........18 13 . Enforcement ......................................... .............................20 14. Variances ........................................... .............................20 15. Severability .......................................... .............................21 16. Wholesale Drought Contingency Plan .................. ............................... 21 16.1 Declaration of Policy, Purpose and Intent ............................................................ .............................21 16.2 Public and Wholesale Customer Involvement ..................................................... .............................21 16.3 Wholesale Customer Education ............................................................................. .............................21 16.4 Coordination with Regional Planning Groups ...................................................... .............................21 16.5 Authorization ............................................................................................................ .............................22 16.6 Application ................................................................................................................ .............................22 16.7 Triggering Criteria or Initiation and Termination of Drought Response Stages ..........................22 16.8 Drought Response Stages ....................................................................................... .............................24 16.9 Pro Rata Water Allocation ...................................................................................... .............................27 Table of Contents 16.10 Pro Rata Surcharges and Enforcement ............................................................... .............................28 16.11 Variances ................................................................................................................. .............................29 16.12 Severability ............................................................................................................. .............................30 16.13 Reservation System Operating Plan .................................................................... .............................30 Appendices TCEQ 2001 Agreed Order on Freshwater Inflows to the Nueces Bay and Estuary ........................31 ReservoirOperating Plan ............................................................................ .............................42 Table of Contents Drought Contingency Plan 1. Introduction This document is the Drought Contingency Plan (DCP) for the City of Corpus Christi (City). This DCP was created so that the City can cut back demand when supplies are low so the residents have enough water to make it through a drought. This DCP clearly explains the triggers initiated by a drought and the steps to be taken during each stage of a drought. There is also information in this DCP which explains the steps to be taken in a water emergency, such as when supplies are cut off or contaminated. This DCP is different from the Water Conservation Plan (WCP) because it only takes effect when there are drought conditions. The WCP is a year -round guide, regardless of the drought conditions, and contains several regular best management practices. The DCP has been prepared in accordance with Texas Administrative Code Title 30 Chapter 288 Subchapter B Rule §288.20 for Municipal Uses by Public Water Suppliers. Since the City serves wholesale water customers, a Drought Contingency Plan for Wholesale Water Suppliers has also been included in Section 16 in accordance with Texas Administrative Code Title 30 Chapter 288 Subchapter B Rule §288.22. 2. Declaration of Policy and Reason In order to conserve the available water supply, to protect the integrity of water supply facilities with particular regard for domestic water use, sanitation, and fire protection, to protect and preserve public health, welfare, and safety, and to minimize the adverse impacts of water - supply shortage or other water - supply emergency conditions, the City hereby adopts the following regulations and restrictions on the delivery and consumptions of water. The Water Resource Management Ordinance which gives the City the authority to regulate and enforce this DCP is included as a supporting document. Water uses regulated or prohibited under this DCP are considered to be non - essential, and continuation of such uses during times of water shortage or other emergency water - supply conditions are deemed to constitute a waste of water, which subjects the offender(s) to penalties as defined in Section 13 of this DCP. Since the City first started supplying its residents with water in the 1890s, the region has experienced several periods of drought. Over the years, supplies have been added and conservation measures have been strengthened to ensure water security for the residents and businesses of the region. However, with the variability of weather patterns in South Texas and a continually growing population, it is critical that the City plans for future drought conditions. Currently, the City's water supply system is comprised of three reservoirs: Lake Corpus Christi, Choke Canyon Reservoir and Lake Texana. However, the criteria to trigger drought response stages are based on the combined capacity of Lake Corpus Christi and Choke Canyon Reservoir. (See Section 8). Since Choke Canyon Reservoir filled in June 1987, the combined storage of Choke Canyon Reservoir and Lake Corpus Christi has exceeded 60% capacity only about 62% of the time. The water storage levels in Choke Canyon Reservoir and Lake Corpus Christi have generally been 2 -4% higher since Lake Texana supplies were added in October 1998. Even with three reservoirs, the City still faces drought conditions ( <50% storage levels) 16% of the time. It is because of this frequency that the following DCP has been developed. This DCP adopts measures that will dramatically cut water consumption in order to conserve water supplies. 3. Public Education A public meeting to receive comments on the DCP was held on April 17, 2013. The City will periodically provide the public with information about the DCP, including information about the conditions under which each stage of the DCP is to be initiated or terminated, and the drought response measures to be implemented in each stage. This information will be provided by utility bill inserts, notices in the Corpus Christi Caller- Times, and notice on the City's website ( .cctexas.com Notification to the public about when drought stages go into effect or when restrictions are lifted is explained in more detail in Section 9. 4. Coordination with Regional Water Planning Groups The service area of the City of Corpus Christi is located within the Coastal Bend Regional Water Planning Area (Region N) and the City has provided a copy of this DCP to Region N in care of the Nueces River Authority. The City of Corpus Christi shall review and update, as appropriate, the DCP at least every five years based on new or updated information, such as the adoption or revision of the regional water plan. A presentation on the 2013 DCP revisions was made the Region N Water Planning Group on March 7, 2013. Minutes from the meetings will be available at http://wvvw.nueces- Lq.org/CP/RWPG/minutes/index.php after the June 13, 2013 meeting. 5. Authorization The City Manager, or designee, is hereby authorized and directed to implement the applicable provisions of the DCP upon determination that such implementation is necessary to protect public health, safety, and welfare. The City Manager, or designee, shall have the authority to initiate or terminate drought or other water supply emergency responses as described in this DCP. However, the City Manager, in the exercise of the City Manager's discretion, may initiate or terminate any stage when the City Manager deems necessary at any particular time. The City Manager shall notify the members of the City Council before implementing any measures. 6. Application The provisions of this DCP shall apply to all persons, customers, and property utilizing water provided by the City of Corpus Christi. The terms "person" and "customer" as used in the DCP include individuals, corporations, partnerships, associations, and all other legal entities. 7. Definitions For the purposes of this Chapter in this DCP, the following definitions shall apply Aesthetic water use water use for ornamental or decorative purposes such as fountains, reflecting pools, and water gardens. Commercial and institutional water use water use which is integral to the operations of commercial, non - profit establishments and governmental entities such as retail establishments, hotels and motels, restaurants, and office buildings. Conservation those practices, techniques, and technologies that reduce the consumption of water, reduce loss or waste of water, improve the efficiency in the use of water, or increase the recycling and reuse of water so that a supply is conserved and made available for future or alternative uses. Contract (end -user) water customers: a private entity that has a contract with the City to receive raw or treated water supplies for its sole use (i.e. does not resell to other users). Wholesale customers: any public or private utility that has a contract with the City to receive raw or treated water supplies and authority (through contracts) to resell this water to other users. Customer any person, company, or organization using water supplied by the City of Corpus Christi and paying a retail water bill. Domestic water use water use for personal needs or for household or sanitary purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or institution. Industrial water use the use of water in processes designed to convert materials of lower value into forms having greater usability and use. Institutional water use the use of water by an establishment dedicated to public service, such as a school, university, church, hospital, nursing home, prison, or government facility. All facilities dedicated to public service are considered institutional regardless of ownership. Landscape irrigation use water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf courses, parks, rights -of -way, and medians. Non - essential water use water uses that are not essential or not required for the protection of public, health, safety, and welfare, including: • irrigation of landscape areas, including parks, athletic fields, and golf courses, except as otherwise provided under this Plan; • use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle; • use of water to wash down any impervious cover including sidewalks, walkways, driveways, parking lots, tennis courts, or other hard - surfaced areas; • use of water to wash down buildings or structures for purposes other than immediate fire protection or health reasons; • flushing gutters or permitting water to run or accumulate in any gutter or street; • use of water to fill, refill, or add to any indoor or outdoor swimming pools or jacuzzi -type pools; • use of water in an aesthetic feature including fountain or pond except where necessary to support aquatic life; • failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak; and • use of water from hydrants for construction purposes or any other purposes other than fire fighting or flushing needed to maintain chlorination levels and protect public health. 8. Criteria for Initiation and Termination of Drought Response Stages The City Manager, or designee, shall monitor water supply and /or demand conditions on a weekly basis and shall determine when conditions warrant initiation or termination of each stage of the DCP, that is, when the specified "triggers" are reached. This section explains the triggers of each stage. Best management practices and water use restrictions for each drought stage are described in Section 10. The triggering criterions in this section are minimum standards for initiation and maximum standards for termination, and the City Manager, or designee, can initiate or terminate each stage when conditions warrant. The triggering criterion to be monitored for determining drought response stages is (1) the combined reservoir storage levels of Choke Canyon Reservoir and Lake Corpus Christi, based on the TCEQ 2001 Agreed Order (amended April 17, 2001) relating to inflows into Nueces Bay and Estuary or (2), in the alternative for Stage 1, Lake Texana's level. See Appendix A. 8.1. Stage 1 — Mild Water Shortage Condition Requirements for initiation — Customers shall be requested to voluntarily conserve water and adhere to prescribed restrictions on certain water used when the combined storage level of Choke Canyon Reservoir and Lake Corpus Christi declines below 50 percent or Lake Texana storage level declines below 40 %. Requirement for termination — Stage 1 of the Plan may be rescinded when the combined storage level of Choke Canyon Reservoir and Lake Corpus Christi increases above 60 percent or Lake Texana storage level increases above 50 %. Either of these conditions must exist for a period of 15 consecutive days before termination of Stage 1. 8.2. Stage 2 — Moderate Water Shortage Condition Requirements for initiation — Customers shall be required to comply with the requirements and restrictions on certain non - essential water uses described in Section 10 when the combined storage level declines to below 40 percent. Requirement for termination — Stage 2 of the Plan may be rescinded when the combined storage level increases above 50 percent for a period of 15 consecutive days. Upon termination of Stage 2, Stage 1 becomes operative. 8.3. Stage 3 — Severe Water Shortage Condition Requirements for initiation — Customers shall be required to comply with the requirements and restrictions on certain non - essential water uses for Stage 3 of this DCP when the combined storage levels declines to below 30 percent. Requirement for termination — Stage 3 of the Plan may be rescinded when the combined storage level increases above 40 percent for a period of 15 consecutive days. Upon termination of Stage 3, Stage 2 becomes operative. 8.4. Stage 4 — Critical Water Shortage Condition Requirements for initiation — Customers shall be required to comply with the requirements and restrictions on certain non - essential water uses for Stage 4 of the Plan when the combined storage levels declines to below 20 percent. Requirement for termination — Stage 4 of the Plan may be rescinded when the combined storage level increases above 30 percent for a period of 15 consecutive days. Upon termination of Stage 4, Stage 3 becomes operative. 8.5. Stage 5 — Emergency Water Shortage Condition Requirements for initiation — Customers shall be required to comply with requirements and restrictions for Stage 5 of this Plan when the City Manager, or designee, determines that a water supply emergency exists based on: A major water line breaks, or pump or system failures occur, which causes unprecedented loss of capability to provide water service; or Water production or distribution system limitations; or Natural or man -made contamination of the water supply source occurs. Requirement for termination — The emergency water shortage condition may be rescinded when the City Manager, or designee, deems appropriate. 9. Drought Stages Response Notification The City Manager, or designee, shall monitor water supply and /or demand conditions on a weekly basis and, in accordance with the triggering criteria set forth in Section 8 of this Chapter, shall determine that a mild, moderate, severe, critical, or emergency water shortage condition exists and shall implement the following notification procedures. Notification of the Public: The City Manager, or designee, shall notify the public for every change in drought stage status by any or all of the following: • City's website ( .cctexas.com • Publication in the Corpus Christi Caller -Times • Notice on the monthly billing • Public Service Announcements • Signs posted in public places Additional Notification: The City Manager, or designee shall, at a minimum, notify directly, or cause to be notified directly, the following individuals and entities for every change in drought stage status: • Mayor and members of the City Council • Fire Chief • City and /or County Emergency Management Coordinator • County Judge and Commissioner(s) • Major water users (such as industries) • Critical water users (such as hospitals) • Parks /street superintendents and public facilities managers Texas Commission on Environmental Quality (TCEQ) — note TCEQ executive director MUST be informed within five (5) business days of mandatory water use restrictions being imposed 10. Drought Best Management Practices Per Stage A summary of water use reduction targets for each drought stage response is presented in the following table. Further discussion on best management practices and implementation practices associated with each stage of response is included below. During Stages 2, 3, and 4, requests for exceptions may be presented to the Water Allocation and Review Committee. Drought Stage Response CCR/LCC Combined Reservoir Storage Level Target Demand Reduction Levels Stage 1- Mild <50% or if Lake Texana is <40% 5% Stage 2- Moderate <40% 10% Stage 3- Severe <30% 15% Stage 4- Critical <20% 30% Stage 5- Emergency Not Applicable 50% 10.1. Stage 1 Response — MILD Water Shortage Conditions Target: Achieve a voluntary 5% reduction in daily treated water demand relative to treated water demand with the water use restrictions below. Best Management Practices for Supply Management: The City will enact voluntary measures to reduce or discontinue the flushing of water mains if practicable and utilize reclaimed water for non - potable uses to the greatest extent possible. The City will prioritize sources of supply not impacted by drought conditions, when available, including interruptible supplies from Lake Texana during times when Lake Texana water level is at or above 43 feet mean sea level in accordance with Lavaca - Navidad River Authority (LNRA) contract. Water Use Restrictions for Reducing Demand (a) Water customers are requested to voluntarily limit the irrigation of landscaped areas to once per week. The City Manager, or designee, will determine the watering schedule. (b) All operations of the City of Corpus Christi shall adhere to water use restrictions prescribed for Stage 2 of the Plan. (c) Water customers are requested to practice water conservation and to minimize or discontinue water use for non - essential purposes. 10.2. Stage 2 Response — MODERATE Water Shortage Conditions Target: During Stage 2, achieve a 10% reduction in daily treated water demand relative to treated water demand with the water use restrictions below. Best Management Practices for Supply Management: In addition to the best management practices for supply management listed under Stage 1, the City will also do the following during Stage 2: • Use more repair crews if necessary to allow for a quicker response time for water -line leak repair; and • City crews (Water and other departments) begin monitoring customers' compliance with Stage 2 restrictions during the course of their daily rounds. Water Use Restrictions for Demand Reduction Under threat of penalty for violation, the following water use restrictions shall apply to all persons during Stage 2: a) Irrigation of landscaped areas with hose -end sprinklers or automatic irrigation systems shall be limited to once per week. The watering schedule will be determined by the City Manager or designee. Customers will be made aware of their designated watering day in accordance with Section 9. However, irrigation of landscaped areas is permitted on any day if it is by means of a hand -held hose (with positive shutoff nozzle), a faucet filled bucket or watering can of five (5) gallons or less, or drip irrigation system with a positive shutoff device. Exceptions for this restriction may be permitted, upon review and approval by the Water Allocation and Review Committee, for the following uses: new plantings (for up to 60 days), vegetable gardens, athletic playing fields, and botanical gardens. In addition, this restriction does not apply to customers irrigating with well water or an aerobic septic system. Customers irrigating with well water or an aerobic septic system must apply for a permit from the City Water Department to be prominently posted on the premises within two (2) feet of the street number located on the premises. b) Use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle is prohibited except on designated watering days. However, washing of boats and /or flushing of boat motors is permitted upon immediate exit of water body. Such washing, when allowed, shall be done with a hand -held bucket or a hand -held hose equipped with a positive shutoff nozzle for quick rinses. Vehicle washing may be done at any time on the immediate premises of a commercial car wash. Further, such washing may be exempted from these regulations upon review by the Water Allocation and Review Committee if the health, safety, and welfare of the public are contingent upon frequent vehicle cleansing, such as garbage trucks and vehicles used to transport food and perishables. Washing of boats and /or flushing of boat motors is permitted upon immediate exit of water body. c) Use of water to fill, refill, or add to any indoor or outdoor swimming pools, wading pools, or Jacuzzi -type pools is prohibited except on designated watering days. d) Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life. e) Use of water from hydrants shall be limited to fire fighting, related activities, or other activities necessary to maintain public health, safety, and welfare, except that use of water from designated fire hydrants for construction purposes may be allowed under special permit from the City of Corpus Christi Water Department. f) Use of water for the irrigation of golf course greens, tees, and fairways is prohibited except on designated watering days. However, if the golf course utilizes a water source other than that provided through City of Corpus Christi Water Department infrastructure, the facility shall not be subject to these regulations. g) The use of water to maintain integrity of building foundations is limited to designated watering days and is only permitted by use of hand -held hose or drip irrigation. h) The following uses of water are defined as non - essential and are prohibited: a. Wash -down of any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard - surfaced areas; b. Use of water to wash down buildings or structures for purposes other than immediate fire protection without permit granted by the Water Allocation and Review Committee; c. Use of water for dust control without permit without permit granted by the Water Allocation and Review Committee; 10.3. Stage 3 Response — SEVERE Water Shortage Conditions Target: During Stage 3, achieve a 15% reduction in total daily treated water demand relative to treated water demand with the water use restrictions below. Best Management Practices for Supply Management: In addition to the best management practices for supply management listed under Stage 2, the City will also do the following during Stage 3: Eliminate the flushing of water mains unless required for decontamination and /or public safety; and Review customers' water usage for compliance based on the previous month's water use and notify violators verbally or in writing as the situation dictates. Water Use Restrictions for Demand Reduction: All requirements of Stage 2 shall remain in effect during Stage 3 except as modified below: a) Irrigation of landscaped areas shall be limited to once every other week. The watering schedule will be determined by the City Manager or designee. Customers will be made aware of their designated watering day. However, irrigation of landscaped areas is permitted on any day if it is by means of a hand- held hose (with positive shutoff nozzle), a faucet filled bucket or watering can of five (5) gallons or less, or drip irrigation system with a positive shutoff device. Exceptions for this restriction may be permitted, upon review and approval by the Water Allocation and Review Committee, for the following uses: new plantings (for up to 60 days), vegetable gardens, athletic playing fields, and botanical gardens. In addition, this restriction does not apply to customers irrigating with well water or an aerobic septic system. Customers irrigating with well water or an aerobic septic system shall still apply for a permit from the City Water Department to be prominently posted on the premises within two (2) feet of the street number located on the premises. b) The watering of golf course fairways is prohibited. The watering of greens and tees are limited to once every other week unless the golf course utilizes a water source other than that provided through City of Corpus Christi Water Department infrastructure or done by means of hand -held hoses, hand -held buckets, or drip irrigation. Optional Measures During Stage 3, the following measures are optional water use restrictions that may be implemented by the City Manager, or designee as conditions warrant: a) The use of water for construction purposes from designated fire hydrants under special permit is to be discontinued. b) For residential and multi -unit customers, a drought surcharge of up to and including 100% of the current water rate may be added to the customers' bill to deter discretionary water use, as explained in Section 11. 10.4. Stage 4 Response — CRITICAL Water Shortage Conditions Target: During Stage 4, achieve a 30% or greater reduction in daily treated water demand relative to treated water demand with the water use restrictions below. An additional surcharge will be added to each utility bill during Stage 4 water shortage conditions to discourage discretionary water use, as described in Section 11 for retail customers and Section 16.10 for wholesale customers. Best Management Practices for Supply Management: In addition to the best management practices for supply management listed under Stage 3, the City will also do the following during Stage 4: • Upon written notice, disconnect the water meters of willful violators if absolutely necessary to prevent the deliberate wasting of water. Water Use Restrictions for Demand Reduction: itt All requirements of Stage 2 and 3 shall remain in effect during Stage 4 except as modified below: a) Irrigation of landscaped areas shall be prohibited at all times. b) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle not occurring on the premises of a commercial car wash stations and not in the immediate interest of public health, safety, and welfare is prohibited. c) The filling, refilling, or adding of water to swimming pools, wading pools, and jacuzzi -type pools, and water parks (unless non -city, alternative source) is prohibited. d) The use of water to maintain the integrity of a building foundation is still permitted on the designated Stage 3 watering day. Optional Measure: During Stage 4, the following measures are optional water use restrictions that may be implemented by the City Manager, or designee, as conditions warrant: a) No application for new, additional, expanded, or increased -in -size water service connections, meters, service lines, pipeline extensions, mains, or water service facilities of any kind shall be approved, and time limits for approval of such applications are hereby suspended for such time as this drought response stage shall be in effect. b) For residential and multi -unit customers, a drought surcharge of up to and including 100% of the current water rate may be added to the customers' bill to deter discretionary water use, as explained in Section 11. 10.5. Stage 5 Response — EMERGENCY Water Shortage Conditions Target: During Stage 5, achieve a 50% or greater reduction in daily treated water demand relative to treated water demand with the below water use restrictions. Surcharges and reduced allocations are enforceable during Stage 5 water shortage conditions, as described in Section 13. During emergency conditions such as system outage or supply source contamination, or supply sources draining empty, alternative water sources and /or alternative delivery mechanisms may be necessary with prior approval of the City Manager. For emergency water shortage conditions associated with contamination of Nueces Basin stored supplies, the City, under the City Manager's direction, will cease pumping from the Nueces River and will contact the LNRA to identify additional, temporary water that may be available from Lake Texana on a short -term basis to meet essential water needs. For emergency water shortage conditions associated with contamination of Lake Texana supplies, the City, under the City Manager's direction, will cease pumping from the Mary Rhodes Pipeline. i`i Best Management Practices for Supply Management: In addition to the best management practices for supply management listed under Stage 4, the City will also do the following: Call the 10 largest water customers in the area affected by the emergency condition, and if necessary, use runners in key areas to begin spreading the message of a major outage. Water Use Restrictions for Demand Reduction: During Stage 5, all requirements of Stage 2, 3, and 4 shall remain in effect during Stage 5 except as modified below: a) Irrigation of landscaped areas is absolutely prohibited. b) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is absolutely prohibited. c) Associated uses of business process water shall, such as equipment washing, shall be deferred until the Stage 5 emergency has been terminated. Optional Measure: During Stage 5, the following measure is an optional water use restriction that may be implemented by the City Manager, or designee, as conditions warrant: a) For residential and multi -unit customers, a drought surcharge of up to and including 100% of the current water rate may be added to the customers' bill to deter discretionary water use, as explained in Section 11. 11. Surcharges for Drought Stages 3 — 5 and Service Measures (a) General 1. The surcharges established herein are solely intended to regulate and deter the use of water during a period of serious drought in order to achieve necessary water conservation. The City Council expressly finds that the drought poses a serious and immediate threat to the public and economic health and general welfare of this community, and that the surcharges and other measures adopted herein are essential to protect said public health and welfare. 2. This section, and the surcharges and measures adopted herein are an exercise of the City's regulatory and police power, and the surcharges and connection fees are conservation rates intended to meet fixed costs as a result of lost revenue. 3. The City Manager is authorized to determine trigger points and surcharges during Stage 5 Emergency Water Shortage conditions. IV 4. In this section, institutional customer means city utility customer which operates as a not - for - profit entity. (b) Residential water customers, who are not billed through a master water meter. 1. A monthly water usage trigger point shall be established by the City Manager or designee for residential customers. This trigger point is the maximum amount of water that a customer can use in a month before being charged a drought rate surcharge. 2. The drought surcharge can be up to and including 100% of the most current water rate. 3. The drought surcharge will be added to the most current rate at each block. (c) Residential customers who are billed from a master water meter. 1. A monthly water usage trigger point shall be established by the City Manager or designee for each customers. This trigger point is the maximum amount of water that a customer can use in a month before being charged a drought rate surcharge. 2. The drought surcharge can be up to and including 100% of the most current water rate. 3. The drought surcharge will be added to the most current rate at each block. (d) Commercial or institutional customer 1. A monthly water usage allocation shall be established by the City Manager or designee for each commercial or institutional customer. 2. Method of establishing allocation: a. When the combined reservoir capacity is less than 20% of total capacity (Stage 4), the commercial or institutional customer's allocation shall be 90 percent of the customer's usage for the corresponding month's billing period during previous 12 months prior to the implementation of Stage 2. b. If the customer's billing history is shorter than 12 months, the monthly average for the period for which there is a record shall be used for any monthly period for which no history exists. c. Provided, however, a customer, 90 percent of whose monthly usage is less than 6,000 gallons, shall be allocated 6,000 gallons. d. The City Manager shall give their best effort to see that notice of each commercial or institutional customer's allocation is mailed to such customer. 13 e. If, however, the customer does not receive such notice, it shall be the customer's responsibility to contact the City' Utilities Billing Office to determine the allocation, and the allocation shall be fully effective notwithstanding lack of receipt of written notice. f. Upon request of the customer or at the initiative of the City Manager, the allocation may be reduced or increased, (1) if one nonresidential customer agrees to transfer part of its allocation to another nonresidential customer, or (2) if other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. g. A customer may appeal an allocation established hereunder to the Water Allocation and Review Committee on grounds of unnecessary hardship. (e) Industrial customers, who use water for processing. 1. A monthly water usage allocation shall be established by the City Manager or designee for each an industrial customer, which uses water for processing (e.g., an industrial customer). 2. Method of establishing allocation. a. When the combined reservoir capacity is less than 20% of total capacity (Stage 4), the industrial customer allocation shall be 90 percent of the customer's usage for the corresponding month's billing period during the previous 12 months prior to the implementation of Stage 2 d. If the customer's billing history is shorter than 12 months, the monthly average for the period for which there is a record shall be used for any monthly period for which no history exists. e. The City Manager shall give his best effort to see that notice of each industrial customer's allocation is mailed to such customer. f. If, however, the customer does not receive such notice, it shall be the customer's responsibility to contact the City Utilities Billing Office to determine the allocation, and the allocation shall be fully effective notwithstanding lack of receipt of written notice. g. Upon request of the customer or at the initiative of the City Manager, the allocation may be reduced or increased, if: 14 1. The designated period does not accurately reflect the customer's normal water usage because customer had shut down a major processing unit for overhaul during the period. 2. The customer has added or is in the process of adding significant additional processing capacity. 3. The customer has shut down or significantly reduced the production of a major processing unit. 4. The customer has previously implemented significant permanent water conservation measures. 5. The customer agrees to transfer part of its allocation to another industrial customer. 6. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. h. A customer may appeal an allocation established under this provision to the Water Allocation and Review Committee on grounds of unnecessary hardship. The Water Allocation and Review Committee powers and duties are described in Section 12. (f) Commercial, institutional, and industrial customers shall pay the following surcharges: 1. Customers whose allocation is 6,000 gallons through 20,000 gallons per month: a. $5.00 per 1,000 gallons for the first 1,000 gallons over allocation. b. $8.00 per 1,000 gallons for the second 1,000 gallons over allocation. c. $16.00 per 1,000 gallons for the third 1,000 gallons over allocation. d. $40.00 for each additional 1,000 gallons over allocation. 2. Customers whose allocation is 21,000 gallons per month or more: a. One times the block rate for each 1,000 gallons in excess of the allocation up through 5 percent above allocation. b. Three times the block rate for each 1,000 gallons from 5 percent through 10 percent above allocation. c. Five times the block rate for each 1,000 gallons from 10 percent through 15 percent above allocation. Ik d. Ten times the block rate for each 1,000 gallons more than 15 percent above allocation. e. The surcharges shall be cumulative. f. As used herein, "block rate" means the charge to the customer per 1,000 gallons at the regular water rate schedule at the level of the customer's allocation. (g) Nonresidential customer is billed from a master meter. 1. When a nonresidential customer is billed from a master meter which jointly measures water to multiple residential dwelling units (for example: apartments, mobile homes), the customer may pass along any surcharges assessed under this plan to the tenants or occupants, provided that: a. The customer notifies each tenant in writing: 1. That the surcharge will be passed along. 2. How the surcharge will be apportioned. 3. That the landlord must be notified immediately of any plumbing leaks. 4. Methods to conserve water (which shall be obtained from the City). b. The customer diligently maintains the plumbing system to prevent leaks. c. The customer installs water saving devices and measures (ideas for which are available from the City) to the extent reasonable and practical under the circumstances. (h) Water service to the customer may be terminated under the following conditions: 1. Monthly residential water usage exceeds allocation by 4,000 gallons or more two or more times for any individual month after the implementation of Stage 4. Also, the two months need not be consecutive months. 2. Monthly water usage on a master meter which jointly measures water usage to multiple residential dwelling units exceeds allocation by 4,000 gallons times the number of dwelling units or more two or more times (which need not be consecutive months). II: 3. Monthly nonresidential water usage for a customer whose allocation is 6,000 gallons through 20,000 gallons exceeds its allocation by 7,000 gallons or more two or more times (which need not be consecutive months). 4. Monthly nonresidential water usage for a customer whose allocation is 21,000 gallons or more exceeds its allocation by 15 percent or more two or more times (which need not be consecutive months). 5. For residential customers and nonresidential customers whose allocation does not exceed 20,000 gallons, after the first disconnection water service shall be restored upon request for a fee of $50. 6. For such customers, after the second disconnection, water service shall be restored within 24 hours of the request for a fee of $500. 7. If water service is disconnected a third time for such customer, water service shall not be restored until the City re- enters a level of water conservation less than Stage 3. 8. For master meter customers, the service restoration fees shall be the same as above times the number of dwelling units. 9. For nonresidential customers whose allocation is 21,000 gallons per month or more: a. After the first disconnection water service shall be restored upon request for a fee in the amount of "X" in the following formula: X = $ 50 x Customer's Allocation in gallons / 20,000 gallons b. After the second disconnection for said customers, water service shall be restored within 24 hours of the request for a fee of 10 times "X ". c. If water service is disconnected a third time for such customer, water service shall not be restored until the City re- enters a level of water conservation less than Stage 3. d. The City Manager is directed to institute written guidelines for disconnection of water service under this provision, which will satisfy minimum due process requirements, if any. (i) It shall be a defense to imposition of a surcharge hereunder, or to termination of service, that water used over allocation resulted from loss of water through no fault of the customer (for example, a major water line break) for the following conditions: 17 1. The customer shall have the burden to prove such defense by objective evidence (for example, a written certification of the circumstances by a plumber). 2. A sworn statement may be required of the customer. 3. This defense shall not apply if the customer failed to take reasonable steps for upkeep of the plumbing system, failed to reasonably inspect the system and discover the leak, failed to take immediate steps to correct the leak after discovered, or was in any other way negligent in causing or permitting the loss of water. (j) When this section refers to allocation or water usage periods as "month," monthly," "billing period," and the like, such references shall mean the period in the City's ordinary billing cycle which commences with the reading of a meter one month and commences with the next reading of that meter which is usually the next month. 1. The goal for the length of such period is 30 days, but a variance of two days, more or less, will necessarily exist as to particular meters. 2. If the meter reader system is prevented from timely reading a meter by any obstacle which is attributable to the customer, the original allocation shall apply to the longer period without modification. 12. Allocation and Review Committee: establishment, composition, powers, and duties. (a) The Water Allocation and Review Committee ( "Committee ") may, in writing, grant a temporary variance to any of the provisions for water users found in this Plan upon Committee determination that failure to grant such variance would cause an emergency condition adversely affecting the public health, sanitation, or fire protection for the public or person requesting such a variance. (b) A person requesting an exemption from the provisions of this Ordinance shall file an exemption request on City - provided application for variance with the City Water Department within 5 days after a particular drought response stage has been invoked. All exemption request forms shall be reviewed by the Committee, and shall include the following: 1. Name and address of the water user(s). 2. Purpose of water use. 3. Specific provision(s) of the Ordinance from which the water user is requesting relief. 18 4. Detailed statement as to how the specific provision of the Ordinance adversely affects the water user or what damage or harm will occur to the water user or others if water user complies with this Plan. 5. Description of the exemption requested 6. Period of time for which the exemption is sought. 7. Alternative water use restrictions or other measures the water user is taking or proposes to take to meet the intent of this Plan and the compliance date. 8. Other pertinent information; or as required on permit application (c) No exemption shall be retroactive or otherwise justify any violation of this Plan occurring prior to the issuance of the exemption. (d) The Water Allocation and Review Committee ( "Committee ") shall be composed of seven (7) members: the Assistant City Manager for Public Works and Utilities, the Director of Public Health, a representative of industry, a representative of business or commerce, one non - profit representative, and two citizens of the city. The industry, business, non - profit, and citizen members shall be appointed by the Mayor and Council and shall serve at the pleasure of the City Council. In addition, seven (7) alternate members shall be appointed. Each alternate shall serve in place of his /her respective regular Committee member whenever that regular Committee member is unavailable to participate. The City Manager shall appoint alternates for the Assistant City Manager for Public Works and Utilities and the Director of Public Health. The Mayor and Council shall appoint alternates for the industry, business, non - profit, and citizen members of the Committee. Alternate members appointed shall have qualifications similar to those of their respective regular member. An alternate serving in place of a regular Committee member shall exercise the same powers and have the same duties as a regular member. (e) The Committee shall consider requests of water users for special consideration to be given as to their respective particular circumstances and the Committee shall hear and decide such requests in an open meeting and is hereby authorized to, in special cases, grant such variance from the terms of this plan if such compliance would cause an emergency condition adversely affecting the public health, sanitation, or fire protection for the public or person requesting such a variance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this plan will result in unnecessary hardship, and so that the spirit of this plan shall be observed and substantial justice done. (f) Should a permit for special exception be granted by such Committee, it shall be in effect from the time of granting through the termination of the then current stage, unless revoked by the Committee for noncompliance; provided, that the permit is prominently posted on the premises within two (2) feet of the street number located on the premises. (g). Should written protest be received in the Office of the City Secretary after the granting of any such special permit, the Committee shall consider the revocation of IK such permit and shall reconsider the granting of such permit at a public hearing, notice of which shall have been given at least 72 hours prior to the holding of such hearing After the conclusion of such hearing, the Committee shall take such action by way of revocation of such permit, or refusal to revoke the same, or modification of such permit as the Committee may deem proper under the circumstances. (h) Complaints regarding noncompliance of any permit granted by the Committee shall be submitted through the City Water Department to the Committee for its review. The Committee, after notice and opportunity to be heard, may decide to revoke or modify the permit, or leave the permit in place. Violations of any permit condition may be enforced under Section 13. 13. Enforcement (a) A violation under this article is a Class C misdemeanor. Any person that violates any provision of this article shall be subject to a fine of not more than five hundred dollars ($500.00) per violation per day. The culpable mental state required by Section 6.02 of the Texas Penal Code is specifically negated and dispensed with and a violation of this article is a strict liability offense. (b) The commission of a violation of each provision, and each separate violation thereof, shall be deemed a separate offense, in and upon conviction thereof, shall be fined as hereinabove provided. (c) If any person or a second person in the same household or premises, is found guilty of a second violation of this article, the water superintendent shall be authorized to discontinue water service to the premises where such violation occurs. (d) Cases filed under this section shall be expedited and given preferential setting in municipal court before all other cases. (e) Any person whose name is on file with the utilities billing office as the customer on the water account for the property where the violation occurs or originates shall be presumed to be the violator, and proof that the violation occurred on said premises shall constitute prima facie evidence that the customer committed the violation, but said customer shall have the right to show that he did not commit the violation. (f) If any person fails to respond to a citation or summons issued for a violation of this article within the time allowed, upon receipt of notice from the director or a judge of the municipal courts, the water superintendent is authorized to discontinue water service to the premises where such violation occurs. 14. Variances A temporary variance for existing water uses otherwise prohibited under this DCP may be obtained through the Allocation and Review Committee process outlined in Section 12. P 15. Severability It is hereby declared to be the intention of the City that the sections, paragraphs, sentences, clauses, and phrases of this Plan are severable and, if any phrase, clause, sentence, paragraph, or section of this Plan shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such declaration shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Plan, since the same would not have been enacted by the City without the incorporation into this Plan of any such unconstitutional phrase, clause, sentence, paragraph, or section. 16. Wholesale Drought Contingency Plan 16.1 Declaration of Policy, Purpose, and Intent In order to conserve the available water supply and /or to protect the integrity of water supply facilities, with particular regard for domestic water use, sanitation, and fire protection, and to protect and preserve public health, welfare, and safety and minimize the adverse impacts of water supply shortage or other water supply emergency conditions, the City of Corpus Christi (City) adopts the following Wholesale Drought Contingency Plan (the Plan). 16.2 Public and Wholesale Customer Involvement Opportunity for the wholesale water customers to provide input into the preparation of the Plan was provided by the City by means of supplying the Contracting Parties with a copy of the Plan and receiving comments by email. The public was invited to view and make comments on the Plan by placement of the Plan on a public website and a public meeting held on April 17, 2013 at City Hall. The Plan was adopted under the open meetings requirement of the TCEQ during the May 28, 2013 City Council meeting. 16.3 Wholesale Water Customer Education The City will periodically provide wholesale customers with information about the Plan, including information about conditions under which each stage of the Plan is to be initiated or terminated and drought response measures to be implemented in each stage. This information will be distributed by providing a copy of the Plan to each wholesale water customer. 16.4 Coordination with Regional Water Planning Groups The water service area of City of Corpus Christi and its wholesale water customers is located within the Coastal Bend Planning Region (Region N) and the City has provided a copy of the Plan to Region N. The City of Corpus Christi shall review and update, as appropriate, the drought contingency plan at least every five years based on new or updated information, such as the adoption or revision of the regional water plan. Poi 16.5 Authorization The City of Corpus Christi City Manager, or designee, is hereby authorized and directed to implement the applicable provisions of this Plan upon determination that such implementation is necessary to protect public health, safety, and welfare. Wholesale customers are subject to the plan under their contracts with the City. The City Manager, or designee, shall have the authority to initiate or terminate drought or other water supply emergency response measures as described in this Plan. The City Manager shall notify the TCEQ within five (5) business days of any mandatory water use restrictions being enacted. 16.6 Application The provisions of this Plan shall apply to all customers utilizing water provided by the City on a wholesale basis. The terms "person" and "customer' as used in the Plan include individuals, corporations, partnerships, associations, and all other legal entities. The provisions of this Plan shall apply to all customers utilizing water provided by the City on a wholesale basis. The terms "person" and "customer' as used in the Plan include individuals, corporations, partnerships, associations, and all other legal entities. Every wholesale water contract entered into, renewed or modified after official adoption of this Plan (by either ordinance, resolution, or tariff) shall include language relating to the City of Corpus Christi Water Conservation Plan and Drought Contingency Plan, adopted under Ordinance Number 55 -151 to impose similar restrictions, surcharges or rationing measures on their customers. To the extent of its legal authority, the City of Corpus Christi shall require its wholesale customers to implement outdoor watering restrictions similar to those of the City for each drought response stage. The City requires that any contract for the resale of water furnished to wholesale water contractors shall contain a similar condition. 16.7 Triggering Criteria for Initiation and Termination of Drought Response Stages The City of Corpus Christi City Manager, or designee, shall monitor water supply and /or demand conditions on a weekly basis and shall determine when conditions warrant initiation or termination of each stage of the Plan. Customer notification of the initiation or termination of drought response stages will be made by email, mail, or telephone. The news media will also be informed by the City. The triggering criterion to be monitored for determining drought response stages is the combined reservoir storage levels of Choke Canyon Reservoir and Lake Corpus Christi. The combined storage levels selected are based on the TCEQ 2001 Agreed Order on Freshwater Inflows to the Nueces Bay and Estuary (amended April 17, 2001). See Appendix A. The triggering criterions in this section are minimum standards for initiation and maximum standards P4► for termination, and the City Manager, or designee, can initiate or terminate each stage when conditions warrant. (a)Stage 1 — MILD Water Shortage Condition Requirements for initiation — The City will recognize that a mild water shortage condition exists when the combined storage level declines below 50 percent or Lake Texana storage level declines below 40 %. Requirement for termination — Stage 1 of the Plan may be rescinded when the combined storage level of Choke Canyon Reservoir and Lake Corpus Christi increases above 60 percent or Lake Texana storage level increases above 50 %. Either of these conditions must exist for a period of 15 consecutive days before termination of Stage 1. (b)Stage 2 — MODERATE Water Shortage Condition Requirements for initiation — The City will recognize that a moderate water shortage condition exists when the combined storage level declines below 40 percent. Requirement for termination — Stage 2 of the Plan may be rescinded when the combined storage level increases above 50 percent for a period of 15 consecutive days. Upon termination of Stage 2, Stage 1 becomes operative. The City will notify its wholesale customers and the media of the termination of Stage 2 in the same manner as the notification of initiation of Stage 1 of the Plan. (c)Stage 3 — SEVERE Water Shortage Condition Requirements for initiation — The City will recognize that a severe water shortage condition exists when the combined storage levels declines to below 30 percent. Requirement for termination — Stage 3 of the Plan may be rescinded when the combined storage level increases above 40 percent for a period of 15 consecutive days. Upon termination of Stage 3, Stage 2 becomes operative. The City will notify its wholesale customers and the media of the termination of Stage 3. (d)Stage 4 — CRITICAL Water Shortage Condition Requirements for initiation — The City will recognize that a severe water shortage condition exists when the combined storage levels declines to below 20 percent. Requirement for termination — Stage 4 of the Plan may be rescinded when the combined storage level increases above 30 percent for a period of 15 consecutive days. Upon termination of Stage 4, Stage 3 becomes operative. The City will notify its wholesale customers and the media of the termination of Stage 4. (e)Stage 5 — EMERGENCY Water Shortage Condition Requirements for initiation — The City will recognize that an emergency water shortage condition exists when any of the following occur: i. A major water line breaks, or pump or system failures occur, which cause unprecedented loss of capability to provide water service; or ii. Water production or distribution system limitations; or iii. Natural or man -made contamination of the water supply source occurs. Requirement for termination — The emergency water shortage condition may be rescinded when the City of Corpus Christi City Manager, or designee, deems appropriate. The City will notify its wholesale customers and the media of the 23 termination of emergency shortage condition in the same manner as the notification of initiation of Stage 1 of the Plan. 16.8 Drought Response Stages The City of Corpus Christi City Manager, or designee, shall monitor water supply and /or demand conditions and, in accordance with the triggering criteria set forth in Section 16.7, shall determine that mild, moderate, or severe water shortage conditions exist or that an emergency condition exists and shall implement best management practices accordingly. For water contracts between the City and wholesale customers with specific reductions based on stage, wholesale water customers are to implement measures to achieve water use reduction targets specified in the contract. For other contracts, required adoption of a Drought Contingency Plan should strive to achieve the water use reduction targets for each drought stage response presented in the following table. Further discussion on best management practices and implementation practices associated with each stage of response is described below. Drought Stage Response Reservoir Storage Level Target Demand Reduction Levels Stage 1- Mild <50% or if Lake Texana is <40% 5% Stage 2- Moderate <40% 10% Stage 3- Severe <30% 15% Stage 4- Critical <20% 30% Stage 5- Emergency Not Applicable 50% Stage 1 — MILD Water Shortage Conditions Target: Achieve a voluntary 5 percent reduction in daily water demand for each wholesale customer utilizing City's water supply system. Best Management Practices for Supply Management • The City will voluntarily coordinate with the necessary agencies to ensure that unnecessary releases of water from the Reservoir System are minimized, including leakage from gates or outlet works. • The City will encourage each wholesale water customer to utilize alternative water sources voluntarily such as interconnections with another water system, temporary use of a water supply other than from the City's system, or use of reclaimed water for non - potable purposes, etc. Water Use Restrictions for Reducing Demand • The City Manager, or designee, will contact wholesale water customers to discuss water supply and /or demand conditions and will request that wholesale water customers initiate voluntary measures to reduce water use (e.g. implement Stage 1 of the customer's drought contingency plan). • The City Manager, or designee, will provide a regular report to the news media with information regarding current water supply and /or demand conditions, 24 projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices. Stage 2 — MODERATE Water Shortage Conditions Target: Achieve a 10 percent reduction in daily water demand for each wholesale customer utilizing City's water supply system. Best Management Practices for Supply Management • The City will coordinate with the necessary agencies to ensure that unnecessary releases of water from the Reservoir System are minimized. • The City will encourage each wholesale water customer to utilize alternative water sources such as interconnections with another water system, temporary use of a water supply other than from the City's system, use of reclaimed water for non - potable purposes, etc. Water Use Measures for Reducing Demand • The City of Corpus Christi City Manager, or designee, will initiate contact with wholesale water customers to discuss water supply and /or demand conditions and the possibility of pro rata curtailment of water diversions and /or deliveries. • The City of Corpus Christi City Manager, or designee, will request wholesale water customers to initiate mandatory measures to reduce non - essential water use (e.g. implement Stage 2 of the customer's drought contingency plan). • The City Manager, or designee, will provide a regular report to the news media with information regarding current water supply and /or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices. Other Actions to be Taken: • The City will notify, in writing, operators of recreational facilities to consider issuance of signs near boat ramps and in public parks notifying the public that the Reservoir System is operating at less than 40 percent of its conservation pool volume, and that a Stage 2 Drought Response level has been declared. The City will recommend that operators post information to the public regarding Stage 2 of the Drought Contingency Plan and possible boating safety hazards due to decreasing Reservoir levels. Stage 3 — SEVERE Water Shortage Conditions Target: Achieve a 15 percent reduction in daily water demand for each wholesale customer utilizing City's water supply system. Best Management Practices for Supply Management: • The City will coordinate with the necessary agencies to ensure that unnecessary releases of water from the Reservoir System are minimized. • The City will encourage each wholesale water customer to utilize alternative water sources such as interconnections with another water system, temporary Q use of a water supply other than from the City's system, use of reclaimed water for non - potable purposes, etc. Water Use Measures for Reducing Demand: • The City of Corpus Christi City Manager, or designee, will contact wholesale water customers to discuss water supply and /or demand conditions and will request that wholesale water customers initiate additional mandatory measures to reduce non - essential water use (e.g. implement Stage 3 of the customer's drought contingency plan). • The City of Corpus Christi City Manager, or designee, will initiate preparations for the implementation of pro rata curtailment of water diversions and /or deliveries in accordance with Texas Water Code §11.039 by preparing a monthly water usage allocation baseline for each wholesale customer according to procedures specified in 16.9 of the Plan. • The City of Corpus Christi City Manager, or designee, will provide a regular report to the news media with information regarding current water supply and /or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices. Other Actions to be Taken: • The City will notify, in writing, operators of recreational facilities to consider issuance of signs near boat ramps and in public parks notifying the public that the Reservoir System is operating at less than 30 percent of its conservation pool volume, and that a Stage 3 Drought Response level has been declared. The City will recommend that operators post information to the public regarding Stage 3 of the Drought Contingency Plan and possible boating safety hazards due to decreasing Reservoir levels. Stage 4 — CRITICAL Water Shortage Conditions Target: Achieve a 30 percent reduction in daily water demand for each wholesale customer utilizing City's water supply system. Best Management Practices for Supply Management • The City will coordinate with the necessary agencies to ensure that unnecessary releases of water from the Reservoir System are minimized, including leakage from project gates. • The City will encourage each wholesale water customer to utilize alternative water sources such as interconnections with another water system, temporary use of a water supply other than from the City's system, use of reclaimed water for non - potable purposes, etc. Water Use Restrictions for Reducing Demand • The City of Corpus Christi City Manager, or designee, will contact wholesale water customers to discuss water supply and /or demand conditions and will request that wholesale water customers initiate additional mandatory measures Q, to reduce non - essential water use (e.g. implement Stage 4 of the customer's drought contingency plan). • The City of Corpus Christi City Manager, or designee, will initiate pro rata curtailment of water diversions and /or deliveries for each wholesale customer according to the procedures specified in Section 16.9 of the Plan in accordance with Texas Water Code §11.039. • The City of Corpus Christi City Manager, or designee, will provide a regular report to the news media with information regarding current water supply and /or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices. Other Actions to be Taken • The City will notify, in writing, operators of recreational facilities to consider issuance of signs near boat ramps and in public parks notifying the public that the Reservoir System is operating at less than 20 percent of its conservation pool volume, and that a Stage 4 Drought Response level has been declared. The City will recommend that operators post information to the public regarding Stage 4 of the Drought Contingency Plan and possible boating safety hazards due to decreasing Reservoir levels. Stage 5 — EMERGENCY Water Shortage Conditions Whenever emergency water shortage conditions exist as defined in Section 16.7 of the Plan, the City of Corpus Christi City Manager, or designee, shall: • Assess the severity of the problem and identify the actions needed and the time required to solve the problem. • Inform the utility director or other responsible official of each wholesale water customer by telephone, email, or in person and suggest actions, as appropriate to alleviate problems (e.g., notification of the public to reduce water use until service is restored). • If appropriate, notify city, county, and /or state emergency response officials for assistance. • Undertake necessary actions, including repairs and /or clean -up as needed. • Prepare a post -event assessment report on the incident and critique of emergency response procedures and actions. 16.9 Pro Rata Water Allocation In the event that the triggering criteria specified in Section 16.7 of the Plan for Stage 4 have been met, the City of Corpus Christi City Manager, or designee, is hereby authorized to implement allocation of water supplies on a pro rata basis to raw water and treated wholesale customers in accordance with Texas Water Code §11.039. The initiation of pro rata allocation preparations shall begin during Stage 3. A provision will be included in every wholesale water contract entered into or renewed after adoption of the plan, including contract extensions, that in 27 case of a shortage of water resulting from drought, the water to be distributed shall be divided in accordance with Texas Water Code §11.039. (1) A raw water or wholesale treated water customer's monthly allocation shall be a percentage of the customer's water usage baseline. The percentage will be set by resolution of the city council based on the city manager's assessment of the severity of the water shortage condition and the need to curtail water diversions and deliveries, and may be adjusted periodically by resolution of the city council as conditions warrant. Once pro rata allocation is in effect, water diversions by or deliveries to each raw water or wholesale treated water customer shall be limited to the allocation established for each month. (2) A monthly water usage allocation shall be established by the City Manager, or the City Manager's designee, for each raw water or wholesale treated water customer. The raw water or wholesale treated water customer's water usage baseline will be computed on the average water usage by month for the previous five -year period. If the raw water or wholesale treated water customer's billing history is less than five (5) years, the monthly average for the period for which there is a record shall be used for any monthly period for which no billing history exists. (3) The City Manager shall provide notice, by certified mail, to each raw water or wholesale treated water customer informing them of their monthly water usage allocations and shall notify the news media and the Executive Director of the Texas Commission on Environmental Quality upon initiation of pro rata water allocation. (4) Upon request of the raw water or wholesale treated water customer or at the initiative of the City Manager, the allocation may be reduced or increased if: a. The designated period does not accurately reflect the raw water or wholesale treated water customer's normal water usage; b. The customer agrees to transfer part of its allocation to another raw water or wholesale treated water customer; or c. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. A customer may appeal an allocation established under this section to the City Council of the City of Corpus Christi. 16.10 Pro Rata Surcharges and Enforcement During any period when pro rata allocation of available water supplies is in effect, wholesale customers shall pay the following surcharges on excess water diversions: • 2.0 times the normal water rate per unit in excess of the monthly allocation up through 5 percent above the monthly allocation. 28 • 2.5 times the normal water rate in excess of the monthly allocation from 5 percent through 10 percent above the monthly allocation. • 3.0 times the normal water rate in excess of the monthly allocation from 10 percent through 15 percent above the monthly allocation. • 3.5 times the normal water rate more than 15 percent above the monthly allocation. 16.11 Variances The City Manager, or designee, may, in writing, grant a temporary variance to the pro rata water allocation policies provided by this Plan if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the public health, welfare, or safety and if one or more of the following conditions are met: (1) Compliance with this Plan cannot be technically accomplished during the duration of this water supply shortage or other condition for which the Plan is in effect. (2) Alternative methods can be implemented which will achieve the same level of reduction in water use. Persons requesting an exemption from the provisions of this Plan shall file a petition for variance with the City Manager within 5 days after pro rata allocation has been invoked. All petitions for variances shall be reviewed by the City Manager, or designee, and shall include the following: (1) Name and address of the petitioner(s). (2) Detailed statement with supporting data and information as to how the pro rata allocation of water under the policies and procedures established in the Plan adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this Ordinance. (3) Description of the relief requested. (4) Period of time for which the variance is sought (5) Alternative measures the petitioner is taking or proposes to take to meet the intent of this Plan and the compliance date. (6) Other pertinent information. Variances granted by the City shall be subject to the following conditions, unless waived or modified by the City. (1) Variances granted shall include a timetable for compliance with allocation requirements. (2) Variances granted shall expire when the Plan is no longer in effect, unless the petitioner has failed to meet specified requirements. No variance shall be retroactive or otherwise justify any violation of this Plan occurring prior to the issuance of the variance. PRI 16.12 Severability It is hereby declared to be the intention of the City that the sections, paragraphs, sentences, clauses, and phrases of this Plan are severable and, if any phrase, clause, sentence, paragraph, or section of this Plan shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such declaration shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Plan, since the same would not have been enacted by the City without the incorporation into this Plan of any such unconstitutional phrase, clause, sentence, paragraph, or section. 16.13 Reservoir System Operating Plan Because all of the wholesale customers rely on the reservoir systems for their supplies, they are subject to the Reservoir Operating Plan. A copy of this is included in Attachment B. Kit TEXAS NATURAL RESOURCE CONSERVATION COMMISSION E Op� ; I � 2 Y y AN AGREED ORDER Amending the operational procedures and continuing an Advisory Council pertaining to Special Condition 5.B., Certificate of Adjudication No. 21 -3214; Docket No. 2001- 0230 -WR On April 4, 2001, came to be considered before the Texas Natural Resource Conservation Commission ( "Commission ") the Motion by the City of Corpus Christi and Nueces River Authority for the adoption of an amendment to the Agreed Order issued April 28,1995, establishing operating procedures pertaining to Special Condition S.B., Certificate of Adjudication No. 21 -3214, held by the City of Corpus Christi, the Nueces River Authority, and the City of Three Rivers" (the two cities and river authority shall be referred to herein as "Certificate Holders "). The Certificate Holders and the Executive Director of the Texas Natural Resource Conservation Commission have agreed the provisions of this Agreed Order. The City of Corpus Christi (managing entity) requests that Section 2 of this Agreed Order be amended to add further detail to the provisions regarding the use of water for bays and estuaries and to make changes in the required passage of inflows for the bays and estuaries . automatic at'40 percent and 30 percent of total reservoir system capacity upon institution of mandatory outdoor watering restrictions. Additionally, Certificate Holders request the most recent bathymefric surveys be used for determining reservoir system storage capacity. The Certificate Holders request details be added regarding provisions for two projects to enhance /augment the amount of freshwater going into the receiving estuary and timelines for those projects. After considering the proposals and the. presentations of the parties, the Commission finds that it has authority to establish operational procedures under Special Condition 5.B. of Certificate of Adjudication No. 21 -3214, and that operational procedures previously established should be amended. The Commission finds that, because of the need to continue to monitor the ecological environment and health of related living marine' resources of the estuaries to assess the effectiveness of freshwater inflows provided by requirements contained in this Agreed Order relating- to.,rdlea"ses and spills from Choke Canyon Reservoir and Lake Corpus Christi (collectively .referred.to' as the Reservoir System); as well as return flows, and.to evaluate.potential impacts which may occur 'to the . reservoirs as well as to the availability of water to meet the needs of the Certificate< Holders and their.. customers which may result from those operational procedures, the existing advisory council should be maintained to consider such additional information and related issues and to formulate recommendations for the Commission's review. The Commission additionally finds that based on the preliminary application of the Texas Water Development Board's Mathematical Programming Optimization Model, (GRG -2),' 138,000 acre -feet of fresh water is necessary to achieve maximum harvest in the Nueces Estuary; and, therefore, when water is impounded in the Lake Corpus Christi -Choke Canyon Reservoir System to the extent greater than 70 percent of the system's storage capacity, the delivery of 138,000 31 acre -feet of water to Nueces Bay and/or the Nueces Delta, by a combination of releases and spills, together with diversions and return flows noted below, should be accomplished; and that during periods when the reservoir system contains less than 70 percent storage capacity, reductions in releases and spills, along with diversions and return flows, are appropriate in that a satisfactory level of marine harvest will be sustained and the ecological health of the receiving estuaries will be maintained. The Commission finds that return flows, other than to Nueces Bay and/or the Nueces Delta, that are delivered to Corpus Christi Bay and other receiving estuaries are currently in the assumed amount of 54,000 acre -feet per annum (per calendar year), and that they shall be credited at this amount until such time as it is shown that actual return flows to Corpus Christi Bay and other receiving estuaries exceed 54,000 acre -feet per annum. The Commission finds that by contractual relationships, the City of Corpus Christi is the managing entity for operating the Reservoir System. The Commission finds that the Motion by the City of Corpus Christi and Nueces River Authority to Amend this Agreed Order is reasonable and should be granted. Benefits ofthe proposed diversion project and operating changes will include increased water supply, increased reservoir storage levels, increased positive flow events for Rincon Bayou and the upper Nueces Delta, increased sources of nitrogen for the upper delta, and lower'salinity.levels in the upper delta. When the Commission uses the word "release" in this Order, release means spills, inflow passage, intentional releases, and return flows; provided, however, under this Order no release from storage is required to meet conditions of this Order. By consenting to the issuance of this Agreed Order, no party admits or denies any claim, nor waives with respect to any subsequent proceeding any interpretation or argument which may be contrary to the provisions of this Agreed Order. NOW, THEREFORE, BE IT ORDERED BY THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION THAT: a: .The City of Corpus Christi, as operator of the Choke Canyon/.Lake .Corpus Christi reservoirs'(the "Res ervoir.Systein "), shall provide not less than 15 1, 00 0 acre-'feet of water per annum (per calendar year) for the estuaries by a combination of releases and spills from the Reservoir System at Lake Corpus Christi Dam and return flows to Nueces and Corpus Christi Bays and other receiving estuaries (including such credits as may be appropriate for diversion of river flows and/or return flows to the Nueces Delta and/or Nueces Bay), as computed and to the extent provided for herein. b. When water impounded in the Reservoir System is greater than or equal to 70 percent of storage capacity, a target amount of 138,000 acre -feet is to be delivered to Nueces Bay and/or the Nueces Delta by a combination of release& and spills from Page 2 of 11 32 the Reservoir System as well as diversions and return flows. Li accordance with the monthly schedule and except as provided otherwise in this Agreed Order, target inflows to Nueces Bay and/or the Nueces Delta shall be in the acre -foot amounts as follow:. January 2,500 Tilly 6,500 February 2,500 August 6,500 March 3,500 September 28,500 April 3,500 October 20,000 May 25,500 November 9,000 June 25,500 December 4,500 It is expressly provided, however, that releases from Reservoir System storage shall not be required to satisfy the above targeted inflow amounts, as calculated in Subparagraph d. C. When water impounded in the Reservoir System is less than 70 percent but greater than or equal to 40 percent of storage capacity, a targeted amount of 97,000 acre -feet is to be delivered to Nueces Bay. and /or the Nueces Delta by a combination of releases and spills from the Reservoir System as well as diversions and return flows. In accordance with the monthly schedule and except as provided otherwise in this Agreed. Order, target inflows. to .Nueces Bay and /or the Nueces Delta shall be in the acre -foot amounts as follows: January 2,500 July 4,500 February 2,500 August 5,000 March 3,500 September 11,500 April 3,500 October 9,000 May 23,500 November 4,000 June 23,000 December 4,500 It is expressly provided, however, that releases from Reservoir System storage shall not be required to satisfy the above targeted inflow amounts as calculated- in Subparagraph d. . d. The amounts of water required in. subparagraphs Lb. and Lc'. will consist of return flows, and intentional diversions, as well as spills and releases from the Reservoir System as defined in this subparagraph. For purposes of compliance with monthly targeted amounts prescribed above, the spills and releases described in this paragraph shall be measured at the U.S. Geological Survey stream monitoring station on the Nueces River at Calallen, Texas (USGS Station No. 08211500). Any inflows, including measured wastewater effluent and rainfall runoffineeting lawful discharge standards which are intentionally diverted to the upper Nueces Delta region, shall be credited toward. the total inflow amount delivered to Nueces Bay and/or the Nueces Page 3' of 11 33 Delta. Inflow passage from the Reservoir System for the purpose of compliance with the monthly targeted amounts prescribed in subparagraphs l .b. and 1.c. shall in no case exceed the estimated inflow to Lake Corpus Christi as if there were no impoundment of inflows at Choke Canyon Reservoir. The estimated inflow to .Lake Corpus` Christi as if there were no impoundment of inflows at Choke .Canyon Reservoir shall be computed as the sum of the flows measured at the U.S. Geological Survey (USGS) STREAMFLOW .GAGING STATIONS ON THE Nueces River near Three Rivers (USGS No. 08210000), Frio River at .Tilden, Texas (USGS No. 08206600), and San Miguel Creek near Tilden, Texas (USGS No. 08206700) less computed releases and spills from Choke Canyon Reservoir. e. The passage of inflow necessary to meet the monthly targeted allocations may be distributed over the calendar month in a manner to be determined by the City. Relief from the above requirements shall be available under subparagraphs (1) or (2) below and Section 2.(b) and 3.(c) at the option of the City of Corpus Christi. However, passage of inflow may only be reduced under one of those subparagraphs below, for any given month. (1) Inflows to Nueces Bay and /or the Nueces Delta in excess of the required monthly targeted amount may be credited for up to fifty (50) percent of the targeted requirement for the following month, based on the amount received. (2) When the mean salinity in Upper Nueces Bay (Lat. 27 °51'02 ",Lon 0'. 97 °28'52 ") for a .10 -day period, ending at any time during the calendar month for which the reduction of the passage of inflow is sought, is below the SUB *, pass through of inflow from the reservoir system for that same calendar month may be reduced as follows: (a) For any month other than May, June, September and October, if 5 parts per thousand (ppt) below the SUB for the month, a reduction of 25% of the current month's targeted Nueces Bay inflow; (b) If 10 ppt below the SUB for the month, a reduction of 50 % of the current month's targeted Nueces Bay inflow except that - credit under this provision is limited to 25 % during the' months of May, June, September and October; . * "SUB" means "salinity upper bounds" as set forth more specifically in Section 3.b. (c) If 15 ppt below the SUB for that month, a reduction of 75% of the current month's targeted Nueces Bay inflow. Page 4 of 11 34 f. The City of Corpus Christi shall submit monthly reports to the Commission containing daily inflow amounts provided to the Nueces Estuary in accordance with this Agreed Order through releases, spills, return flows and other freshwater inflows. 2. a: Certificate holders are to provide in any future contracts or any amendments, modifications or changes to existing contracts the condition 'that all wholesale customers and any subsequent wholesale customers shall develop and have in effect a water conservation and drought management plan consistent with Commission rule. The City of Corpus. Christi shall solicit from its customers and report to the Commission annually the result of conservation under the City's plan, the customers' plans, and the feasibility of implementing conservation plans and programs for all users of water from the reservoir system. This report shall be submitted with the Certificate Holder's annual water use report as provided by 31 T.A.C. 5295.202. b. The Certificate Holders may reduce targeted Nueces Bay inflows during times of prolonged drought in accordance with this subparagraph 2. (1) When the combined storage in the Choke Canyon /Lake Corpus Christi reservoir system (Reservoir System Storage) falls below 50% of the total system storage capacity, the City of Corpus.Christi shall issue public notice advising ` and .informing the water users of the region of voluntary conservation measures that are requested immediately and required drought management measures to be taken should the Reservoir Systern Storage -fall m to under 40% and/or 30% of total syste storage capacity. To the' extent of its legal authority, the City of Corpus Christi shall require its wholesale customers to issue public notice advising and informing the water users ofthe region of voluntary conservation measures that are requested immediately and required drought management measures to be taken should the Reservoir System Storage fall to under 40 %. and/or 30% of total system storage capacity. (2) In any month when Reservoir System Storage is less than 40 %, but equal to or greater than 30% of total. system storage capacity, the City of Corpus Christi shall implement time of day outdoor watering restrictions and shall reduce targeted inflows to Nueces Bay to 1,200 acre -feet per month (1,200 acre -feet per month represents the quantity ofwater that is the median inflow into Lake Corpus Christi during the drought of record). Time of day outdoor watering restrictions prohibit lawn watering between the hours of 10:00 o'clock a.m. and 6:00 o'clock p.m. and are subject to additional conditions as described in the City of Corpus Christi's approved "Water Conservation and Drought Contingency Plan ( "Plan ")." To the extent of its legal authority, the City of Corpus Christi shall require its wholesale customers to implement time of day outdoor watering restrictions similar to those of the City. Page 5 of 11 35 (3) In any month when Reservoir System Storage is less than 30% of total system storage capacity, the City of Corpus Christi shall implement a lawn watering schedule in addition to time of day outdoor watering restrictions (see subparagraph 2.b.(2)) and shall suspend the .passage of inflow from Reservoir System for targeted inflows to Nueces Bay. However, return flows directed into Nueces Bay and/or the Nueces Delta shall continue. The lawn watering schedule shall allow customers to water lawns no oftener than every five days, subject to the time of day restrictions described in subparagraph 2.b.(2) and any additional conditions as described in the City's Plan. (4) Certificate Holders' may implement whole or partial suspension of the passage of inflow through the reservoir as described above when the City implements, and requires its customers to implement, water conservation and drought management measures at diminished Reservoir System levels, as set forth in subparagraphs b.(2) and b.(3). C. For purposes of this Agreed Order, Reservoir System storage capacity shall be determined by the most recently completed bathymetric survey of each reservoir. As of 2001, completed bathymetric surveys of each reservoir reports conservation storage capacities of 695,271 acre -feet (below 220.5 feet mean sea level) for Choke Canyon Reservoir (Volumetric Survey of Choke Canyon Reservoir, TWDB September 23, 1993) and 241,241 acre -feet (below 94 feet mean sea level) for Lake Corpus Christi (Regional Water Supply Planning Study -Phase I Nueces River Basin, HDR, December, 1990). d. Percentage of the Reservoir System capacity shall be. determined on a daily basis and shall govern, in part, the inflow to be passed through the reservoir during the remainin days of the month.. e. Within the first ten days of each month, the City of Corpus Christi shall submit to the Commission a monthly report containing the daily capacity of the Reservoir System in percentages and mean sea levels as recorded for the previous month as well as reservoir surface areas and estimated inflows to Lake Corpus Christi assuming no impoundment of inflows at Choke .Canyon Reservoir. The report shall indicate which gages or measuring devices were used to determine Reservoir System capacity and estimate inflows to Lake Corpus Christi. f. Concurrent with implementing subparagraphs 2.b.(1) through 2.b.(3), the City shall proceed to: 1. Acquire land rights to properties necessary to re -open the Nueces River Overflow Channel and make the Nueces River Overflow Channel and Rincon Bayou Overflow Channel permanent features ofthe Rincon Bayou Diversion; Page 6 of 11 36 2. Construct and operate a conveyance facility to deliver up to 3,000 acre -feet per month of required Reservoir System "pass- throughs" directly from the Calallen Pool into the Upper Rincon Bayou by use of one or two of the five authorized points of diversion under Certificate of Adjudication No. 2464, being the.existing San Pairicio Municipal Water District point of diversion and/or a point on the North bank of the Calallen Pool located at Latitude 27.8823 °N, Longitude 97.6254 °W, also bearing S 27° 24'W, 4,739 feet from the southwest corner of the J.H.W. Ottman Survey, Abstract No. 212, San.Patricio County, Texas, where the water will be pumped at the maximum rate of 45,000 gprri; and 3. Implement an on -going monitoring and assessment program designed to. facilitate an "adaptive management" Program for freshwater inflows, into the Nueces Estuary. 4. Constniction necessary to implement subparagraph 2.f.1. shall be accomplished by December 31, 2001 and work necessary to accomplish subparagraph 212. shall be accomplished by December 31, 2002. 5. In the event the City fails to timely complete the work set forth in subparagraphs 2.,f 1. and 21.2., this amendment shall automatically terminate and the provisions of the Agreed Order of April 28, 1.995 shall be reinstated and become operative despite this amendment unless the Executive Director grants a modification after considering the recommendations of the Nueces Estuary Advisory Council. gated authorityto make modifications to subparagraph g. The Executive Director is dele 2.f., after considering the recommendations of the Nueces Estuary Advisory Council. However, changes may be made through this process only with the City's consent if the changes result increased costs to the City. If the Executive Director makes modifications to subparagraph 2.f. as authorized in this paragraph, any affected person. may file with the chief clerk a motion for reconsideration of the Executive Director's action no later.than 23 days after the date the Executive Director mails rioticeofthe .modificationto the City. Thismotionshall be considered under the provisions of 30 Texas Administrative' Code § 50.39(d) and h. The City shall obtain all necessary permits from the Commission before beginning these projects. The deadlines set out above include time necessary to apply for, process and, if necessary, complete hearings on these permits. 3. a. The City of Corpus Christi, with the assistance and/or participation of federal, state and local entities, shall maintain a monitoring program to assess the effect of this Page 7 of 11 37 operating plan on Nueces Bay. The cornerstone of this program is the development of a salinity monitoring program. The program shall include at least two monitoring stations, one in upper Nueces Bay (Lat. 27'5 P02 ", Long. '97'2852") and one in mid Nueces Bay (Lat. 27'51 Long. 97 °25'28 ") with the capability of providing continuous salinity and/or conductivity. data, temperature; pH, and dissolved oxygen levels. Additional stations may be established at the recommendation of the Advisory Council (continued by paragraph 4 of this Agreed Order) to assess inflow effects throughout the estuarine system, but the City shall not be obligated to establish such additional stations except to the extent authorized by its City Council. b. The City of Corpus Christi or its designated representatives shall monitor salinity levels in Upper and Mid - Nueces Bay. The lower (SLB) and upper (SUB) salinity bounds (in parts per thousand -ppt) developed for application of the Texas Estuarine Mathematical Programming Model and considered appropriate for use herein, are as follows: C. When the average salinity for the third week (the third week includes the seven days from the 15th through 21st) of any month is at or below the subsequent month's established SLB for upper Nueces Bay (Lat. 27'5 P02 ", Long. 97'28'52"), no releases from the Reservoir System to satisfy targeted Nueces Bay inflow mounts shall be required for that subsequent month. d. All data collected as a result of the monitoring program required by paragraph 3 of this Agreed Order shall be submitted monthly to the Commission within the first ten days of the immediately following month.. The Nueces Estuary Advisory Council shall study the feasibility of developing a method of granting credits for.inflows* which exceed the required amounts to replace the credits that are set out in subparagraph Le.(1) and make recommendations to the Commission for possible implementation. That method shall have as its goal the maintenance of the proper ecological environment and health of related living marine resources and the provision of maximum reasonable credits towards monthly inflow requirements. 4. a. To assist the Commission in monitoring implementation of this Order and making recommendations to the Commission relating to any changes to this Agreed Order and the establishment of future operating procedures, the Nueces Estuary Advisory Page 8-of 11 38 SLB SUB SLB SUB January 5 30 July 2 25 February 5 30 August 2 25 March 5 30 September 5 20 April 5 30 October 5 30 May 1 20 November 5 30 June 1 20 December 5 30 C. When the average salinity for the third week (the third week includes the seven days from the 15th through 21st) of any month is at or below the subsequent month's established SLB for upper Nueces Bay (Lat. 27'5 P02 ", Long. 97'28'52"), no releases from the Reservoir System to satisfy targeted Nueces Bay inflow mounts shall be required for that subsequent month. d. All data collected as a result of the monitoring program required by paragraph 3 of this Agreed Order shall be submitted monthly to the Commission within the first ten days of the immediately following month.. The Nueces Estuary Advisory Council shall study the feasibility of developing a method of granting credits for.inflows* which exceed the required amounts to replace the credits that are set out in subparagraph Le.(1) and make recommendations to the Commission for possible implementation. That method shall have as its goal the maintenance of the proper ecological environment and health of related living marine resources and the provision of maximum reasonable credits towards monthly inflow requirements. 4. a. To assist the Commission in monitoring implementation of this Order and making recommendations to the Commission relating to any changes to this Agreed Order and the establishment of future operating procedures, the Nueces Estuary Advisory Page 8-of 11 38 Council shall be continued. Its members shall include, but are not limited to a qualified representative chosen by each of the following entities or groups: the Executive Director of the Texas Natural Resource Conservation Commission, whose representative shall. serve as chairlhe Texas Water Development Board; the Texas Parks and Wildlife Department; the Texas Department of Health; the General Land Office; the holders of Certificate of Adjudication No. 21 -3214 (the Cities Corpus Christi and Three Rivers and the Nueces River Authority; the University of Texas Marine Science Institute; Texas A &M University - Corpus Christi; Save Lake Corpus Christi; Corpus Christi Chamber of Commerce; the City of Mathis; Coastal Bend Bays and . Estuaries Program, Inc.; a commercial bay fishing group; a conservation group (e.g.. the Sierra Club and the Coastal Bend Bays Foundation); wholesale water suppliers who are customers of the Certificate Holders (e.g., the South Texas Water Authority and the San Patricio Municipal Water District); the Port of Corpus Christi Authority; and a representative of industry. The representatives should have experience and knowledge relating to current or future water use and management or environmental and economic needs of the Coastal Bend area. b. No modification shall be made to this Order without the unanimous consent of the Certificate Holders, except to the extent provided by law. C. Matters to be studied by the Nueces Estuary Advisory Council .and upon which the Executive Director shall certify recommendations to the Commission shall include, but are not limited to: (1) the effectiveness of the inflow requirements contained in this Agreed Order on Nueces Estuary and any recommended changes; (2) the effect of the releases from the Reservoir System upon the aquatic and wildlife habitat and other beneficial and recreational uses of Choke Canyon Reservoir and Lake Corpus Christi; (3) the development and implementation of a short and long -term regional water management plan for the Coastal Bend Area; (4) the salinity level to be applied in Paragraphs I.e. and 3.c., at which targeted - inflows in the subsequent month may be suspended; (5) the feasibility of discharges at locations where the increased biological productivity justifies an inflow credit computed by multiplying the amount of discharge by a number greater ' than one; and development of a methodology for granting credits for inflows which exceed the required amount to replace the credits that are set out in subparagraph Le.. That methodology shall have as its goal the maintenance of the proper ecological Page 9 of 11 39 environment and health of related livinc marine resources and the provision of maximum reasonable credits towards monthly inflow requirements; and, (6) any other,matter pertinent to the conditions contained in this Agreed Order. Page 10 of 11 40 5. This Agreed Order shall remain in effect until amended or superseded by the Commission. Issued.date; APR : 0 5 2001 TEXAS NATURAL RESOURCE CONSERVATION COMMISSION ( R bert J. fuston, airman Page 11 of 11 41 OPERATIONS PLAN FOR THE LAKE CORPUS CHRISTI -CHOKE CANYON RESERVOIR SYSTEM The following operations plan for the Lake Corpus Christi —Choke Canyon Reservoir water system provides for the two reservoirs to be operated as a regional water supply with primary purpose to be furnishings a dependable supply to the people in the Coastal Bend area. The plan also recognizes the need for the recreational facilities for public use and the Texas Water Commission adjudicated water permit which requires a minimum flow of 151,000 acre -feet of water annually to bays and estuaries from return flows, spills, or fresh water releases from Lake Corpus Christi once Choke Canyon Reservoir fills. The Plan consists of four phases of operation depending on the water levels in the two reservoirs. PHASE I - This phase applies only to the initial filling period of Choke Canyon Reservoir. It is necessary that this reservoir be filled at the earliest opportunity so that all structures and mechanical equipment can be tested. Initial filling of the reservoir also triggers the requirement that minimal flows be made available for bays and estuaries. 1. During the initial period, only the releases requires required by agreement between the City of Corpus Christi and the Texas Parks and Wildlife Department, varying between 15 and 33 cubic feet per second depending on the reservoir level, will be made unless Lake Corpus Christi elevation falls below elevation 86 feet. 2. If water user demand is less than 200,000 acre -feet annually and Lake Corpus Christi is at elevation 86 feet, water will be released from Choke Canyon to maintain this elevation until Choke Canyon Reservoir falls to elevation 184 feet. 3. When Lake Corpus Christi has fallen to elevation 86 feet and Choke Canyon has fallen to elevation 184 feet, Lake Corpus Christi will be allowed to drop to elevation 76 feet, at which time water will be released from Choke Canyon to allow user's intake structures at Lake Corpus Christi to be used. 4. Should water user demand excess 200,000 acre -feet annually, the water level of Lake Corpus Christi will be allowed to drop to elevation 76 feet prior to releases from Choke Canyon Reservoir. PHASE II - This phase applies after Choke Canyon Reservoir is filled and water user demand is less than 150,000 acre -feet annually. 1. A minimum of 2,000 acre -feet per month will be released from Choke Canyon Reservoir to meet conditions of the release agreement between City of Corpus Christi and the Texas Parks and Wildlife Department. Iy 2. Whenever Lake Corpus Christ water surface falls to elevation 88 feet and Choke Canyon Reservoir surface elevation is above 204 feet, releases will be made from Choke Canyon Reservoir to maintain Lake Corpus Christi surface at elevation 88 feet. 3. Whenever Lake Corpus Christi water surface is at or below elevation 88 feet and Choke Canyon Reservoir surface elevation is below 204 feet, the Choke Canyon release for the current month is made equal to the Lake Corpus Christi release from the preceding month. This minimizes drawdown at Lake Corpus Christi for recreation purposes and promotes a more constant quality of water by mixing Choke Canyon Reservoir releases with Lake Corpus Christi content. PHASE III - This phase applies after Choke Canyon Reservoir is filled and water user demand is between 150,000 and 200,000 acre -feet annually. During this period, water release plan prepared by the Bureau of Reclamation will be followed to produce a dependable yield of 252,000 acre -feet. 1. A minimum of 200,000 acre -feet per month will be releases from Choke Canyon Reservoir to meet conditions of the release agreement between the City of Corpus Christi and the Texas Parks and Wildlife Department. 2. Whenever Lake Corpus Christi water surface is at or below elevation 88 feet, and the ratio of Choke Canyon Reservoir content to Lake Corpus Christi content (both at the end of the preceding month) exceeds the corresponding ratio with 6 -foot drawdown at both reservoirs, the Choke Canyon Reservoir release for the current month is made equal to the Lake Corpus Christi release during the preceding month. This equalizes drawdown at the two reservoirs for recreation purposes and promotes a more constant quality of water by mixing Choke Canyon Reservoir releases with Lake Corpus Christi content. PHASE IV - This phase applies after Choke Canyon Reservoir is filled, water user demand exceeds 200,000 acre -feet annually, and developed long -term supply is less than 300,000 acre- feet annually. 1. A minimum of 2,000 acre -feet per month will be released from Choke Canyon Reservoir to meet conditions of the release agreement between the City of Corpus Christi and the Texas Parks and Wildlife Department. 2. In order to provide maximum dependable yield from the two reservoirs, the water level in Lake Corpus Christi will be allowed to drop top elevation 74.0 feet (Ordinance Changed #022661) before water is released from Choke Canyon Reservoir in excess of the 2,000 acre -feet per month requirement. When the elevation of Choke Canyon Reservoir drops to 155 feet, Lake Corpus Christi will be lowered to its minimum elevation. 43 LAKE CORPUS CHRISTI -CHOKE CANYON RESERVOIR STATISTICAL DATA Water Elevation Minimum Functional Capacity, Acre -Feet* When Full, Feet Elevation, Feet Lake Corpus Christi 272,000 94.0 76.0 Choke Canyon Reservoir 692,000 220.5 147.5 Intake Structure Elevations of Customers Withdrawing Water Directly from Lake Corpus Christi: Elevation. Feet City of Mathis 73.0 Beeville Water Authority 74.0 Alice Water Authority 67.0 City of Corpus Christi 55.0 Annual Lake Corpus Christi Withdrawals: Fiscal Year Total Withdrawn From Lake. Acre -Feet 1975 -76 • • • • • • • • • • • • 86,416 1976 -77 • • • • • • • • • • • • 86,408 1977 -78 • • • • • • • • • • • • 101,596 1978 -79 • • • • • • • • • • • • 96,029 1979 -80 • • • • • • • • • • • • 106,851 1980 -81 • • • • • • • • • • • • 104,657 1981 -82 • • • • • • • • • • • • 107,002 1982 -83 • • • • • • • • • • • • 107,348 1983 -84 • • • • • • • • • • • • 119,701 1984 -85 • • • • • • • • • • • • 90,226 1985 -86 • • • • • • • • • • • • 105,469 * 1 acre -foot = 325,850 gallons 44 Amending the Water Conservation Plan and Drought Contingency Plan Gustavo Gonzalez, RE. May 14, 2013 :77 Item 31 WATER Objectives •Bring clarity to the plans • Enhance the water conservation program by adding best management practices • Strengthen drought measures to reach goals for reduction • Add Lake Texana level for a trigger point at Stage 1- Voluntary • Reduce overall demand of water • TCEQ requirement Outreach feedback from the following stakeholders through meetings, conferences, and events: — Regional Customers, including their city customers —Water Resource Advisory Committee — City departments — General public — Commercial and industrial customers • Key Difference Drought 714 Lei I Contingency documents because: • Water Conservation is a comprehensive plan to reduce consumption through education and BMP's to meet goals. • Drought Contingency measures are temporary and inconvenient measures used during drought critical periods to reduce demand Year- What's different in WCP est Management Practices Include: Irrigation by spray or sprinklers only permitted before 10 a.m. or after 6 p.m. — Irrigation by hand or drip irrigation permitted at anytime of day Prohibi What's Different in WCP acting Water is year- round. No person shall: Permit le Allow water to run off property into gutter or streets maintain defective plumbing through le Allow water to flow constantly 0 Use of any non-recycling decorative fountain le Allow irrigation r s t sprinklers spray directly a r, a le Operate an irrigation system at water pressure higher `: ` ` Mo 1 01 tel!,j V I I I developed — Irrigation education and consultations — Rainwater harvesting — Review and revise development code for turf requirement What's Different in Conservation Plan Drought Contingency Plan Four Basic Categories • Discretionary outdoo • Recreational • Commercial Enterprise • Health i" • i Drought Response Stages What's Different in DCP Combined Lake Levels or Lake Texan a • Volunta 9 Voluntary • No irrigation between 10 9 Irrigation limited to once am and 6 pm per week • Watering still permitted 9 Watering still permitted by hand or drip irrigation by hand or drip irrigation • No water waste 0 No water waste are below 50 %) Current Plan Proposed Plan What's Different in DCP Stake 2: (Lake Levels are below 40%) 0 0 0 0 Current Plan Proposed Plan Mandatory Mandatory No irrigation 0 Irrigation limited to once per week between 10 am and 0 Watering still permitted by hand or drip 6 pm irrigation Watering still 0 Car washing limited to watering day permitted by hand (except at commercial facilities) or drip irrigation • Pool /pond filling limited to watering day No water waste No use of fountains /waterfalls Optional measures* Water for foundation on watering day What's Different in DCP Stake 2: (Lake Levels are below 40%) Proposed Plan continued • Use of hydrants limited to firefighting or activities necessary for public health and safety (construction may obtain special permit) • Non - essential water uses are prohibited (certain exemptions may be permitted): — Wash -down of any sidewalks — Washing buildings — Water for dust control — Flushing gutters and /or streets — Failure to control leaks What's Different in DCP Stake 3: (Lake Levels are below 30%) 0 0 0 0 Current Plan Proposed Plan Mandator 0 Mandatory Irrigation limited to 0 Stage 2 measures continue and; once every five days 0 Irrigation limited to once every other week Watering still 0 Irrigation of golf course fairways prohibited permitted by hand 0 Water from hydrants for construction or drip irrigation under special permit is discontinued (this No water waste measures is at discretion of CM) Optional measures* What's Different in DCP Customer Category Current Plan Proposed Plan Residential Allocation: 6,000 — 12,000 gallons Demand Charge per month Multi -unit Allocation: 6,000 per dwelling unit Demand Charge Commercial and Allocation: 75% usage of Allocation: 90% usage of Institutional corresponding month in previous corresponding month in previous year year Industrial Allocation: 90% usage of 36 month Allocation: 90% usage of average corresponding month in previous year What's Different in DCP Current Surcharges — For Residential Customers 9$5.00 for each 1,000 gallons over allocation to 1,000 gallons • $40.00 for each additional 1,000 gallons over allocation What's Different in DCP Proposed SurCha -For Residential Customers What's Different in DCP Proposed Surcharges —For Commercial, Institutional, and Industrial Customers corresponding month prior to Stage 2 implementation 9 Surcharges for use over the allocation are the came as the current plar. *Exemption include new plantings, vegetable gardens, athletic fields, botanical gardens, water wells, aerobic septic systems Exemptions *Will be reviewed by committee and permit will be assigned Type of exemption: *Permit must be located within two feet of street address number Waivers WATER U SE PERMIT +"`txtPo� C&;Y�. G€itires @3R Ya4 t'r CffeCClve frtlRl f tti Fos the foivmreg ai dress: WaW May be Used: Dayfs.) Of 4^Feek: Hours of Gray _. Fof Durafion of Using the foltu Hng rnsthod: Signed Date:: (Post Promment;y) Enforcement: Penalty for restriction violation the same as current plan: $500 maximum per violation uestions? AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of May 14, 2013 Second Reading Ordinance for the City Council Meeting of May 28, 2013 DATE: 5/2/2013 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health AnnetteR @cctexas.com 361 --826 -7203 Allowing Dogs in Outdoor Dining Areas CAPTION Ordinance amending Chapter 19, Code of Ordinances, City of Corpus Christi, regarding a variance of Section 19 -15 which allows for dogs in outdoor dining areas of food establishments and the accompanying application and variance certificate fee; providing for penalties; providing for severance; and providing for publication. PURPOSE: The Corpus Christi Nueces County Public Health District is proposing to provide a variance certification for food establishments seeking to allow dogs in outdoor eating areas. BACKGROUND AND FINDINGS Many cities are allowing food establishments to have designated areas that allow dogs to accompany their owners when dining in an outside dining area of a restaurant. This allows for a more animal friendly environment in our community. We are requesting an amendment for a variance to allow food establishments that have outside dining areas, to request a variance certificate from the Health District if interested in allowing dogs in their outdoor dining facility. The Health District will provide a variance certificate application for food establishments seeking approval to allow dogs in an outdoor dining area. ALTERNATIVES Without this variance certificate, the state laws will stay in affect, dogs will not be able to accompany their owners to any dining areas. OTHER CONSIDERATIONS Not applicable CONFORMITY TO CITY POLICY Council approval required for acceptance of this ordinance EMERGENCY / NON - EMERGENCY Non - Emergency DEPARTMENTALCLEARANCES Corpus Christi- Nueces County Public Health District Legal FINANCIAL IMPACT © Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP onl Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: No matching funds required. RECOMMENDATION Staff recommends approval of this ordinance. LIST OF SUPPORTING DOCUMENTS Ordinance Ordinance amending Chapter 19, Code of Ordinances, City of Corpus Christi, regarding a variance of Section 19 -15 which allows for dogs in outdoor dining areas of food establishments and the accompanying application and variance certificate fee; providing for penalties; providing for severance; and providing for publication. Whereas, the City of Corpus Christi currently prohibits any live animal or fowl to be allowed in any food establishment; Whereas, the City of Corpus Christi seeks to be a more "animal friendly" community by providing a procedure whereby a variance to the prohibition of dogs in outdoor dining areas of food establishments may be obtained. Now therefore, be it ordained by the City Council of the City of Corpus Christi, Texas, that: Section 1. Chapter 19, Code of Ordinances, City of Corpus Christi, entitled, "Food and Food Establishments ", Section 19 -15 entitled "Animals and fowl prohibited; exception" is amended by revising the title of the section, revising subsection (a) and adding subsection (f) to read as follows: "Sec. 19 -15. - Animals and fowl prohibited; exception and variance for food establishments seeking to allow dogs in outdoor dining areas "(a) No live animal or fowl shall be allowed in any food establishment nor shall the operator which includes for the purposes of this section, an owner, officer, manager, or other person in charge of the food establishment, ef� keep or maintain any animal or fowl within thirty -five (35) feet of any door, window, ventilator or other opening in such establishment unless an exception is provided for in this section or a variance is obtained in accordance with this section to allow dogs in outdoor dining areas. "(b) No food establishment may be operated within five hundred (500) feet of an existing commercial animal establishment, animal hospital, or veterinary hospital that houses animals. "(c) Exception: This section shall not apply to any seeing -eye dog used to assist a blind person. "(d) Exception: Subsection (b) of this section does not apply to circus, rodeo, temporary petting zoo, or temporary performing animal exhibition or a vendor. "(e) Lawfully existing food establishments and food establishments in newly annexed area. Where any existing food establishment is situated within less than five hundred (500) feet of an existing, appropriately licensed or permitted commercial animal establishment, animal hospital, or veterinary hospital that houses animals either within the city or at a location outside the city limits, which location becomes a part of and within the boundaries of the incorporated area of the city by annexation, the distance limitation in subsection (b) of this section does not apply for a period of five (5) years from and after the passage of this amended section or the date of annexation, respectively. Extensions of this exemption may be obtained for successive five -year periods by applying for and obtaining a certificate from the city health officer certifying to the existence of sanitary conditions of the premises and neighboring premises. "(f) Variance for food establishments seeking to allow dogs in outdoor dinin areas. "(1) A food establishment may apply to the local health officer for a variance of subsection (a) of this section for the purpose of allowing dogs in outdoor dining areas of the food establishment. The application for variance must be accompanied by a nonrefundable application fee of fifty ($50.00) dollars. A food establishment requesting a variance must provide the following information to the local health officer who may grant a variance if in the opinion of the health officer a health hazard will not result from the variance. If the local health officer grants a variance, the health authority shall retain the information in its records. "a. A statement that the food establishment requests a variance from X19 -15 (a) of the Code of Ordinances, City of Corpus Christi, for the purpose of allowing dogs in outdoor dining areas of the food establishment; "b. A description of how potential health hazards will be prevented if the variance is granted. "(2) The fee for a variance certificate evidencing the variance granted under this section is fifty ($50.00) dollars, which must be paid prior to the issuance of the variance certificate and may be renewed annually by a food establishment upon payment of an annual fee. The variance certificate is nontransferable and will be valid for one (1) year ending December 31, unless sooner revoked or suspended by the local health officer or terminated by the food establishment. "(3) If pursuant to this section the local health officer grants a variance to subsection (a) of this section for the purpose of allowing dogs in an outdoor dining area of a food establishment, the food establishment shall comply with the following conditions and standards in addition to any other conditions and standards established by the Health Officer for the variance: "a. No dog may be present inside the food establishment or on a Playground area of the food establishment at any time. "b. A separate entrance must be provided from the outside of the food establishment to the outdoor dining area or patio (hereafter "patio ") so that a dog will have direct access to the patio without entering the interior of the food establishment or any playground area of the food establishment. A dog on an outdoor patio may not be allowed within seven (7) feet of any entrance to the interior of the food establishment, except when necessary to enter or exit the patio. "c. A sign must be posted at the front entrance of the food establishment so that it is easily visible to the public. The sign must state: "DOG FRIENDLY PATIO. (with an arrow showing the direction to the patio entrance) DOG ACCESS ONLY THROUGH PATIO AREA." "d. Doors equipped with self - closing devices must be provided at all entrances to the outdoor patio from the interior of the food establishment. "e. No food preparation may be performed in the outdoor patio area. 'T The food establishment shall have hand sanitizer available at or near all entrances and exits to the establishment; and bags for dog waste available at or near all entrances and exits to the outdoor patio area. "g. The outdoor patio must be continuously maintained free of visible dog hair, dog dander, and other dog- related waste or debris. The outdoor patio must be cleaned with animal friendly chemicals at the beginning of each shift during which food or beverages will be served (breakfast, lunch, dinner, or late- hours), or, if a food establishment has continuous food or beverage service without designated shifts, then every six (6) hours that the establishment is open for business, except that cleaning under this subsection is not required if no dog has been present on the outdoor patio since the last cleaning. Waste created from a dog's bodily functions must be cleaned up by the dog owner and /or customer with dog on patio immediately after each occurrence. All dog waste must be disposed of outside of the food establishment in an appropriate waste receptacle. Equipment used to clean the outdoor patio must be kept outside of the food establishment. "h. While on duty, food establishment staff may not pet or have contact with any dog. "i. A dog must be kept on a leash and remain in the control of the customer while in the outdoor patio area. The dog must be currently vaccinated for rabies and wearing a collar or harness with a current license taa attached to it. " A dog is not allowed on a seat, table, countertop, or similar surface in the outdoor patio area. "k. A dog is not allowed to have contact with any dishes or utensils used for food service or preparation at the food establishment. 'T A dog may be fed doggie treats, doggie biscuits and edible treats while in the outdoor patio area and may be given treats, biscuits or water in a disposable container or from a container provided by the customer. "(4) An operator, which includes for purposes of this section, owner, officer, manager, or other person in charge of a food establishment commits an offense if he, either personally or through an employee or aaent. violates. allows a violation of. or fails to comply with a term or condition of a variance granted under this section. "(5) A food establishment granted a variance under this section shall comply with all other applicable federal, and state laws and regulations including the Texas Food Establishment Rules, and the local provisions of this chapter and the Code of Ordinances of the City of Corpus Christi." Section 2. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable in accordance with Chapter 19, specifically Section 19 -58 and any other applicable provision of the Code of Ordinances, City of Corpus Christi. Section 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. Section 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 7 2013 by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of , 2013 by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary Colleen McIntyre Lillian Riojas Mark Scott day of , 2013. Nelda Martinez Mayor 0 AGENDA MEMORANDUM First Reading for the City Council Meeting of May 14, 2013 1852 Second Reading for the City Council Meeting of May 28, 2013 DATE: April 25, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3494 Renewal of lease with Padre Little League for baseball field CAPTION Ordinance authorizing the City Manager or designee to execute a five -year Lease Agreement with Padre Little League for the use of Bill Witt Park for its baseball program. PURPOSE: Renew the lease for field used by Padre Little League at Bill Witt Park for five - years. BACKGROUND AND FINDINGS Padre Little League currently holds a lease to operate a youth baseball league at field located in Bill Witt Park. The league is requesting a renewal of the lease for a five —year period. ALTERNATIVES Do not approve the lease agreement. OTHER CONSIDERATIONS Not applicable CONFORMITY TO CITY POLICY City Council approval is required to renew the Lease for Padre Little League Baseball located at Bill Witt Park. EMERGENCY / NON - EMERGENCY Non - Emergency DEPARTMENTAL CLEARANCES Legal, Finance FINANCIAL IMPACT ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION Staff recommends approval of the lease with Padre Little League. LIST OF SUPPORTING DOCUMENTS Ordinance, Lease with exhibits Ordinance authorizing the City Manager or designee to execute a five -year Lease Agreement with Padre Little League for the use of Bill Witt Park for its baseball program. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Manager or designee is authorized to execute a five -year Lease Agreement with Padre Little League for the use of Bill Witt Park for its baseball program. A copy of the agreement is on file with the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 1 , by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of 1 , by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary Chad Magill Colleen McIntyre Lillian Riojas Mark Scott day of , Nelda Martinez Mayor LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND PADRE LITTLE LEAGUE This lease agreement ( "Lease ") is entered into by and between the City of Corpus Christi, a Texas home rule municipal corporation ( "City "), acting through its duly authorized City Manager or designee ( "City Manager "), and Padre Little League, Inc. ( "Lessee "), a Texas nonprofit corporation, acting through its duly authorized President of Lessee. WHEREAS, the City owns property described on the attached Exhibits A and B, which said property is located in Corpus Christi, Nueces County, Texas, known as the "Premises "; WHEREAS, the Lessee desires to use the Premises for program described on the attached Exhibit A; and WHEREAS, the City desires to allow Lessee to use the Premises for said program; NOW, THEREFORE, the City and Lessee, in consideration of the mutual promises and covenants herein, agree as follows: Section 1. Term Subject to the remaining terms and conditions hereof, the original term of this Lease is as described on the attached exhibit, beginning on day of final City Council approval, ( "Effective Date ") which is , unless sooner terminated as set out herein. Section 2. Contact Person /Lease Administrator. For this Lease, the City's contact person and lease administrator is the Director of Parks and Recreation or designee ( "Director "). Section 3. Premises and Improvements. City leases to Lessee the Premises, as described and delineated in Exhibit B the site map which is attached hereto and incorporated herein this Agreement by reference, and all improvements to the Premises ( "Improvements ") including, without limitation, any buildings, lighting, the fields, fences, irrigation systems, and the grassed areas. Section 4. Consideration Padre Little League must operate the program described on ExhibitA and must maintain the Premises and all Improvements on a year -round basis in accordance with all maintenance rules, with respect to this Lease, set out by the City Manager or his designee in effect now and as promulgated in the future. Failure to maintain the Premises and all Improvements in accordance with these rules constitutes grounds for termination of this tease. At a minimum, maintenance includes: (A) Padre Little League shall pick up and properly dispose of litter on a daily basis wheneverthe Premises are being used and weekly during the rest of the year. (B) Padre Little League shall keep fully operational and in good repair the Premises and Improvements. City has no responsibility for maintenance or repair to the Premises and Improvements. (C) Padre Little League must immediately report any vandalism to the Director, or designee, and the Corpus Christi Police Department, Nueces County, Texas. However, the City has no responsibility to repair or replace any damages to Premises and Improvements caused by vandalism or caused by any other reason. (D) Padre Little League shall ensure that parking is confined to on- street parking only, or designated parking lots but no parking is to be allowed on grass. All motor vehicles must be restricted to the designated parking lot area. (E) Padre Little League will provide normal, scheduled mowing of the Premises. Padre Little League will be responsible for maintaining the fields as set out in herein below. Furthermore, Padre Little League will be responsible for maintaining the grass in the adjacent viewing /access areas at a safe height not to exceed six (6) inches; (F) Padre Little League shall maintain the fields within the Premises boundary lines. Grass on the fields must not exceed three (3) inches. Padre Little League must mow the fields within one (1) week after grass reaches three (3) inches in height. At least one month prior to the start of any season or pre - season practice, the fields must be gradually out shorter and brought into playing condition. Failure to keep the grass on the fields at or below three (3) inches in height or to properly bring the fields back to playing condition will be grounds for termination of this Lease; Padre Little League shall throw Winterize (fertilizer with nutrients) on the fields before first cold front each year. In February and September, Padre Little League shall throw iron on the fields to make the grass green. The Winterize, Weed and feed, and iron shall be purchased by the Padre Little League. (G) If Padre Little League utilizes goal posts on the Premises, Padre Little League shall maintain a secure anchoring system on all goal posts used on the fields at Premises. Padre Little League must repair any deficiency found in the anchoring system that impairs the safe use of the anchoring system within forty -eight (48) hours after the need for repair is or should have been discovered; Padre Little League shall not allow use of the Premises until the anchoring system is repaired; (H) Padre Little League is responsible for proper installation and use of all equipment and improvements at Premises; (1) Padre Little League must maintain First Aid kit on Premises; (J) Padre tittle League shall complete and submit the attached Exhibit D, Standard of Maintenance to the Director no later than March 1 and again August 1 of each year. Section 6. Compliance with Maintenance Standards The City Manager and the Director, or their respective designee, has the right to inspect the Premises and /or the Improvements at any time during the term of this Lease. If an inspection reveals that maintenance is not being properly carried out, the Director, or designee, may provide written notice to Lessee demanding compliance, and also assessing fee of $250. If Lessee has not complied within five (5) days after receipt of the demand, the City may undertake the work and Lessee shall pay the City's cost plus ten percent (10 %) overhead within thirty (30) days of receipt of the Director's invoice. Failure to pay the City's invoice for maintenance within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee for Lessee's nonperformance of the maintenance. Section 6. Sportsmanship Program. Lessee shall require that all of its coaches and at least one family member of each youth participant (less than 18 years of age) shall complete a state or nationally recognized, or Parks Director approved, parent and coach sportsmanship program. Section 7. Back round Checks. Lessee shall require satisfactory criminal background checks on each of its Board members and coaches associated with its sports program. Section 8. Assignment and Sublease This Lease may not be, in whole or in part, assigned, directly or indirectly, without the prior written consent of the City. This Lease maybe sublet only with the prior written consent of the Director. Requests to sublet the premises must be submitted to the Director at least 30 days in advance. Any tournament or activity allowed to take place by Lessee at the Premises shall be the responsibility of Lessee to indemnify and insure in accordance with this agreement. Section 9. Securina /Anchoring of Goal Posts. Lessee acknowledges and covenants that Lessee shall be responsible, during the term of this Lease, for maintaining the anchoring system, as set out in Section 4 above. Any change, alteration, or modification to the anchoring system during the term of this Lease must be submitted to Director, in writing, prior to the change, alteration or modification being made. Section 10. Understandine Lessee acknowledges and understands that use of the Premises is expressly conditioned on the understanding that the Premises and all Improvements must be returned in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction, where Lessee is without fault, excepted. Section 11. Joint Use (A) City retains joint use of the Premises and Improvements during the term of this Lease, subject to Lessee's right to exclusive control of the Premises during its use for Lessee's sport program purposes. Requests for scheduled organized activities by other organizations will be reviewed for approval or denial by the Director and Lessee. (B) City retains the right to use or cross the Premises with utility lines and /or easements. City may exercise these rights without compensation to Lessee for damages to the Premises and /or any Improvements from installing, maintaining, repairing, or removing the utility lines and /or easements. City must use reasonable judgment in locating the utility lines and /or easements to minimize damage to the Premises and /or its Improvements. Section 12. Primary Purpose Lessee must establish and maintain a recreational area with the primary purpose being for the operation of a sports program described on attached Exhibit A and for no other purpose without the Director's prior written approval. Lessee's fundraising activities on Premises require Director's prior written approval. Lessee's insurance must provide coverage in compliance with Section 22 for the type of fundraising activity being proposed by Lessee. Section 13. Construction (A) No construction or modifications may be made at the Premises, and no drilling, excavation, or penetration of the soil surface may be conducted at the Premises without the prior written approval of the City Director. Lessee shall not make any additions nor alterations to the Premises nor to any Improvements without Director's prior written approval. If approved, Lessee must obtain clearance, in writing, from City's Risk Management Department (Risk Management) that the proposed addition or alteration will be covered under the insurance policy in force during the term of this Lease before proceeding with any type of addition or alteration to the Premises or to the Improvements. (B) All additions or alterations must be made at Lessee's expense. All additions or alterations installed by Lessee must be repaired or replaced at Lessee's expense and may be removed by Lessee at the expiration or termination of the Lease only if they may be removed without damaging the Premises or any Improvements. All additions or alterations made by Lessee which are not removed at the expiration or termination of this Lease become the property of Citywithout necessity of any legal action. Section 14. Utilities Lessee must pay for all utilities used by it or for any activity sponsored by Lessee on the Premises prior to the due date for payment. Failure to pay any utility bill on or before the due date is grounds for termination of this Lease. Lessee must adhere to applicable water conservation standards. In an effort to ensure that fields are maintained In accordance with City standards, the City shall not charge Lessee for water used by Lessee to maintain the fields, up to maximum number of gallons set by Director of Parks and Recreation for each calendar year. Section 15. Signs 3 (A) Lessee must not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering (Signs) on the Premises or on any Improvements without the Director's prior written approval. (B) If Signs are approved, the Director, in writing, may require Lessee to remove, repair, or repaint any Signs. If the Signs are not removed, repaired, or repainted within ten (10) days of the Director's written demand, the City may do or cause the work to be done, and Lessee must pay the City's costs within thirty (30) days of receipt of Director's invoice. Failure to pay the City's costs within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee. Section 16. Advertisinm The Director has the right to prohibit any advertising by Lessee on Premises which impairs the reputation of the Premises or the City. Section 17. Securi . Lessee shall contract and pay for any and all security it requires at the Premises during the term of this Lease. Section 18. Non - Discrimination Lessee shall not discriminate nor permit discrimination against any person or group of persons, as to employment and in the provision of services, activities, and programs, on the grounds of race, religion, national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws of the United States or the State of Texas. The City Manager; or his designee, retains the right to take such action as the United States may direct to enforce this non- discrimination covenant. Section 19. Compliance with Laws (A) Lessee must comply with all Federal, State, and local government laws, rules, regulations, and ordinances, which may be applicable to its operation at the Premises and its performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. (B) All actions brought to enforce compliance with any law or to enforce any provision of this Lease will be brought in Nueces County where this Lease was executed and will be performed. Section 20. Costs Noncompliance with the terms herein may result in termination of this Lease and repossession of the Premises and its Improvements by the City or its agents. If the City undertakes legal action to enforce compliance or collect damages resulting from noncompliance, Lessee must pay all of the City's court costs and expenses, including reasonable attorneys' fees. Section 21. Indemnity. Lessee, its officers, members, partners, employees, representatives, agents, and licensees (collectively, Indemnitors) covenant to fully indemnify, save, and hold harmless the City, its officers, employees, representatives, and agents (collectively, Indemnitees) from and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers compensation and death claims, or property loss or damage of any kind whatsoever, to the extent any damage or injury may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, (1) the existence, use, operation, maintenance, alteration, or repair of Premises and the Lessee's sports program; (2) the exercise of rights under this Lease; (3) an act or omission, negligence, ormisconducf on the part of any persons having involvement in, participation with, or business with the Premises, Lessee, or the Lessee's sport program whether authorized with the express or implied invitation or permission of Lessee (collectively, Lessee's invitees) entering upon the 4 Premises or its Improvements pursuant to this Lease, or trespassers entering upon the Premises or Its Improvements during Lessee's use orphysical occupation of the Premises; or (4) due to any of the hazards associated with sporting events, training, or practice as a spectator or participant Including, but not limited to, any injury or damage resulting, wholly or in part, proximately or remotely, from the violation bylndemnitees or any them ofany law, rule, regulation, ordinance, or government order of any kind, . and including any injury or damage in any other way and including all expenses arising from litigation, court costs, and attorneys fees, which arise, or are claimed to arise from, out of, or in connection with the asserted or recovered incident. Lessee covenants and agrees that if City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with counsel satisfactory to lndemnitees, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, demand, claim, or action. Section 22. Insurance (A) Lessee must secure and maintain at Lessee's expense, during the term of this Lease, a Commercial General Liability insurance policy with the limits and requirements shown on Exhibit C, which is attached hereto and incorporated herein by reference. Failure to maintain such insurance at the limits and requirements shown on Exhibit C constitutes grounds for termination of this Lease. (B) Lessee must provide proof, by Certificate of Insurance meeting the limits and requirements set out in Exhibit C, to the Director and Risk Management prior to commencing use of the Premises under this Lease. (C) Lessee must provide the Director and Risk Management thirty (30) days written notice of cancellation, intent not to renew, or material change of any insurance coverages required herein. (D) Lessee shall, during the term of this Lease, provide copies of all insurance policies to the City Manager or the Director upon written request. (E) Lessee shall, prior to any addition or alteration to the Premises or to the Improvements, obtain clearance, in writing, from Risk Management, as per Section 8 as set out herein this Lease. Section 23. No debts Lessee shall not incur any debts nor obligations on the credit of City during the term of this Lease. Section 24. Termination. (A) The City Manager may immediately terminate this Lease for cause and without penalty if the City Manager determines, in his sole discretion, that Lessee is no longer fulfilling the primary purpose of the Lease as set out in Exhibit A. (B) In addition, the City Manager may immediately terminate this Lease for cause and without penalty if he determines, in its sole discretion that Lessee is in violation of any Federal, State, or local government law, rule, regulation, or ordinance. (C) Additionally, if there is noncompliance with one or more of the provisions contained herein, the Director may give Lessee written notice to cure or begin curing the defauit(s) within ten (10) days of receipt of the notice. If Lessee is not in compliance or in substantial compliance with each provision identified by the Director within ten (10) days of receiving said notice, the City Manager may terminate this Lease for cause without penalty by providing written notice of termination and listing one or more areas of continued noncompliance. (D) Either City Manager or Lessee may terminate this Lease without cause without penalty by giving thirty (30) days written notice to the non - terminating party. (E) Lessee's property must be removed from the Premises upon date of termination. If it is not removed by Lessee, then City may retain property for City purposes, or City may dispose of the property in any manner deemed appropriate by Director and lessee shall pay City's costs for disposal. Section 26. Notice. All notices, demands, requests, or replies provided for or permitted, under this Lease, by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; or (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. All such communications must only be made to the following: IF TO CITY IF TO LESSEE City of Corpus Christi Name and address on Exhibit A Attn: Director of Park & Recreation .P. O. Box 9277 Corpus Christi, TX 78469 -9277 Either party may change the address to which notice is sent by using a method set out above. Lessee will notify the City of an address change within thirty (30) days after the address is changed. Section 26. List of Current Officers and Board of Directors and Bylaws. Lessee must submit its current List of Officers and Board of Directors (List) to the Director by.each January 31 of each year of this Lease. The List must contain each person's title, name, address, home phone, and office or fax phone, and email address. Lessee must notify Director in writing immediately if there are any changes in the Officers or Board of Directors. Lessee must provide Director with copy of the current Bylaws, and immediately provide Director with any amendments to the Bylaws. Section 27. Reporting. Lessee shall submit reports listing the number of youth and teams registered by Lessee to play sports each year during the term of this Lease. The reports must be submitted to the Director within two weeks after the start of Lessee's season. Section 28. Construction and Reconstruction Funds (A) If the City receives funds to construct or reconstruct Improvements at the Premises, Lessee covenants to vacate the Premises, should the Director deem it necessary, upon thirty (30) days written notice from the Director. (B) Lessee has no action for damages against nor will be compensated by the City for loss of use of the Premises and/or Improvements. The City has no obligation to provide an alternate location for Lessee during the Improvements construction or reconstruction period. The consideration for Lessee relinquishing all rights to use the Premises and Improvements during the construction or reconstruction period is the City's construction or reconstruction of the Improvements for Lessee's benefit. (C) Once construction or reconstruction of the Improvements is complete, the Directorwill notify Lessee, in writing, of the date on which the Premises and Improvements are once again available to Lessee. 6 (D) Lessee's term will not change nor increase if the City requests Lessee to vacate the Premises as set out herein. Section 29. Amendments. No alterations, changes, or modifications of the terms of this Lease, nor the waiver of any provision will be valid unless made in writing and signed by a person authorized to sign agreements on behalf of each party. Section 3A. Waiver (A) The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights hereunder. (B) No waiver of any covenant or condition or of the breach of any covenant or condition of this Lease by either party at any time, express or implied, shall be taken to constitute a waiver of any subsequent breach of the covenant or condition nor shall justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition hereof. (C) If any action by the Lessee requires the consent or approval of the City on one occasion, any consent or approval given on said occasion will not be deemed a consent or approval of the same or any other action at any other occasion. (D) Any waiver or indulgence of Lessee's default of any provision of this Lease shall not be considered an estoppel against the City. It is expressly understood that, if at any time Lessee is in default in any of its conditions or covenants hereunder, the failure on the part of City to promptly avail itself of said rights and remedies which the City may have will not be considered a waiver on the part of the City, but the City may at any time avail itself of said rights or remedies or elect to terminate this Lease on account of said default. Section 31. Force Maieure No party to this Lease will be liable for failures or delays in performance due to any cause beyond their control including, without limitation, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The rights and obligations of the parties will be temporarily suspended during this period to the extent performance is reasonably affected. Section 32. publication Lessee agrees to pay the cost of newspaper publication of this Lease and related ordinance as required by the City Charter. Section 33. CaRt ions. The captions in this Lease are for convenience only, are not a part of this Lease, and do not in any way limit or amplify the terms and provisions of this Lease. Section 34. Severability (A) If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. III (B) To the extent that any clause or provision is held illegal, invalid, or unenforceable under present orfuture law effective during the term of this Lease, then the remainder of this Lease is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Lease automatically. Section 36. Sions at Premises Lessee will post a notice at Premises, in a form approved by the Parks Director, that if any participant or spectator has any complaints or concerns they may contact the City at 826 -3469 and speak to Athletic Manager or Assistant Manager regarding any complaints or concerns (A) Lessee must post and maintain a sign with sportsmanship policies and possible consequences for non - compliance with policies. (B) Lessee must post and maintain appropriate sings to indicate ADA parking. (C) Lessee must post and maintain signs to indicate restricted parking areas and also that No Parking on grass is permitted. (D) Lessee must post and maintain signs to indicate Maintenance area(s). (E) Less must post Health permits at the concession areas. (F) Lessee must store food handler cards on file at the Premises. (G) Lessee must promptly replace or repair any damaged or missing signage. Section 36. Entirety Clause This Lease and the attached and incorporated exhibits constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter hereof, unless contained in this Lease are expressly revoked, except for the promulgation of future maintenance rules as contemplated in Section 4 herein above, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promises, and covenants governing each party's performance hereunder and as relating to Lessee's use of the Premises. EXECUTED IN DUPLICATE, each of which shall be considered an original, on this the day of , 2013. ATTEST: Armando Chapa, City Secretary CITY OF CORPUS CHRISTI Ronald L. Olson, City Manager LESSEE: Padre le League, Inc. By: cQ President Printed Name Lv t 5 e, CIS Date: STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on D , 2013, by �r1lS/ 7,P,E0,17 President of corporation. Padre Little League, Inc, on behalf of said Texas nonprofit OKI ary Public, St to of Texas Printed name: YAWN �- 1 Z'6e&4 Commission expires: ` a ' �!�r��y 'ti os ! -� �l+ Nb is HOLLAND a' sorh,i *,r' ��yCommisslontE plreses �; December 23, 2018 EXHIBIT A Property Description: see attached exhibits Term: Five Years from date of City Council final approval Program to be operated by Lessee: Baseball League Notice Address for Lessee: Padre Little League Attn: President P. O. Box 72301 Corpus Christi, Texas 78472 -2301 10 PAGM LITRE • 0MIOR LFAQLE NAMM L FrInue Ep gCi7,0 6CL rT.1 � • 71f.H � s ff'17'■7' L = 511.1! *r is OMM T F v" W4' I" WARINGS ARB WITH FE1r1NEt4L8 To " OgD iionAO IO D CL p IFK AUGLOT 1972 AND FILM A9 CITY RIGHT -W MAP 0007. PdlM GRILL HOLE 1. Ra■■eu D. aces, Ae■/atered Rroteaslaaal Land r saroror. Yersby certlrr that the fereaah■ m ap w■■ prepared trous a ewirra7 m ade y dear tae =round order 10 1 dlracelow. This tYe dam of ?fSICVl1Y soot' pxlaell D. QcMa FO" CAILL HOLE state at Trans Lie. 9.941 FOUND 117 IRON FM ■ ■ ■ r ■ i.■wl�rrrN EXHIBIT B ASPW .T a aowa�Re PAlKIND 90Ni" "P" Pop WANOR V01 M FOOT57ALL CORPW CWTSTI UNITID L.]TnA MISS KI CKMA e �PTJ r OPAW LM 3' SP. 4 Q � u- RUSSELI. '� °T 5241 ��,u �1 '�^ FI:SStiO�•' � r BEING 13.520 ACHES OF. LAND OUT OF THAT CERTAIN PADRE LITTLE AND CITY o 135.22 ACRE TRACT CONVEYED TO THE CITY OF CORPUS SENIOR LEAGUE HALLEIELDS CHRISTI, TEXAS. COMMONLY KNOWN AS 0ML WITT PARK AND DESCRIBED IN DEED RECORDED IN VOLUME LEASE OUT OF 1708. PAGE 95 OF THE DEED RECORDS OF NIECES SILL WITT PARK COUNTY, TEXAS. A ND BEING OUT OF SECTYON 21 OF THE ' °# F " N " S ' ■ °n ` FLOUR �1 BLUFF AND ENCINAL FARM & GARD TRACTS, Burvey At eavlsr 0i RECORDED IN VOLUME A, PAGES 41 -43 OF THE MAP Onto: Pape moo? --1— t::�� RECORDS OF NIECES_ COUNT I F11k COMPUi crauTJ a * MAT BILL WITT PARR D W911ir T ■ 114.11' L p 11!.41 r--X +i (3 i T O STATE OF TEX" COUNTY OF NUECES C BRING A 13.520 ACRE TRAClr OF LAND, OUT OF TEAT CERTAIN 135.22 ACRR TRACT, CONVEYED TO THE CITY OF CORPUS CHRISTI, T=hS, CCIMONLY KHOW AS SILL WITT BARK )1ND DESCRIBED IN D=W RECORDED IN VOLUME 1709, PA= 95, OF THE b RECORDS OF NUECZ$ COMM, . TXXAS, WINe OUT OF MD SXTUATED IN F SVCTION 21, OF THE FLOUR BLUFF & LMCINAL FARM & 4ARDEN TRACTS, A HRP OF WHICH IS RECORDED IN VOLX= A, %AGES 41 THRU 43, OF N" RECORDS OF NUEC$a COUNTY, TEXAS, AND BEING MORE PARTICULARLY ESCRIBED BY RTES AND BOUNDS AS FOLUMS ; COMMENCING at a 518" Iron R, Found,. on the southwesterly boundary line of Bill Witt Pads, being an angle point there , THENCE, North 47 19 00" Wet along the southwesterly boundary line of said Bill Witt Paris, a distance of 322.84 feet, �o a Paint; THENCE, North 42" 41'00" East through said Bill Witt Park, a distance of 118.37 feet, to the Point of Beginning of this t act, being a southwesterly comer of this tract; THENCE, North 40" 34 32" West, a distance of 67.05 feet, to a Point, being a southwest comer of this tract; THENCE, North 12 27' 28" Easy, a distance of 656.57 feet, to a Point on the beginning of a curve to the right having a radius of 335.02 feet; THENCE, along sold curve to the right having a radius of 335.02 feet, central angle of 89 51' 22 ", a tangent length of $34.18 feet, and an arc length of 525.41' to a Point; THENCE, South 77° 41' 10" East, a distance of-53.76 feet to a Point on the beginning of a curve to the right having a radius of 335.00 feet; THENCE, along said curve to thie right having a radius of 335.00 feet, central angle of 89".47' 03 ", a tangent length of $33.74 feet, and an arc length of 524.95' to a Point; THENCE, South 12° 05'53" West, a distance of 173.82 feet, to a Point, being a southeasterly comer of this tract; THENCE, South 46 32' 09" WgBt, a distance of 511.66 feet, to a Point, being a southeasterly comer of this tract; THENCE, South 67 40' 07" Wost, a distance of 387.78 feet to the POINT AND PLACE OF BEGINNING and containing 13.520 acres of land. State of Texas County of Nueces 1, Russell Ochs, a Registered Professional Land Surveyor, hereby certify that the foregoing field notes were prepared by me from a land survey made on t round under my direction. : This the le day f February, P. %ST Y ry, X002. �,'�. �� �*,0.9�, Russell D. Ochs EXHIBIT C INSURANCE REQUIREMENTS LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this Lease until insurance required herein has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day written notice of cancellation, non - renewal, Bossily Injury and Property Damage material change or termination is required on all Per occurrence I aggregate certificates. Commercial General Liability including: $1,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - Operations 3. Products/ Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal Injury C. In the event of accidents of any kind, Lessee must furnish the Risk Manager copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: • The City of Corpus Christi must be named as an additional insured on the liability coverage, and a blanket waiver of subrogation is required on all applicable policies. • If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled ", and deleting the words, "endeavor to ", and deleting the wording after "left ". ".In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. • The name of the project must be listed under "Description of Operations ". • At a minimum, a 30 -day written notice of cancellation, material change, non - renewal or termination is required. B. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items 1.13 (1) -(7), an authorized representative of the insurance company must include a letter specifically stating whether items I.B. (1) -(7) are included or excluded. 12 EXHIBIT D STANDARD OF MAINTENANCE SPORT FIELD LEASE CHECKLIST Due March 1 and August 1 each year of the Lease SITE: INSPECTOR: ADDRESS: Date of Inspection: League President Signature League President Printed Name: All Leagues must complete this self - inspection checklist form twice each year. Due date will be March 1 and again August 1 of each year of the lease. Each league is responsible for their self inspection. If the inspection is not submitted to the City of Corpus Christi Parks and Recreation Department, 1201 Leopard, Corpus Christi, Texas 78401 by the deadline (March 1 and August 1) each year of the lease, the League will be assessed a fee of $250.00 per site for each inspection the City performs. Check "NO" if repairs are not necessary; "YES" if repairs are necessary. A comment is required for any "YES" answer. SKINNED AREAS Yes No [ ] [ ] 1. The soil is too loose to provide good running traction. 2. The soil surface is not loose enough around sliding zones for safe sliding. [ ] [ ] 3. The soil is too abrasive for safe sliding. [ ] (] 4. The soil is too compacted to provide good drainage. [ ] [ ] 5. Running paths and sliding zones near bases have become worn and need to be leveled off. [ j [ ] 6. Batter's box and home plate areas have become worn and need to be reconditioned. [ ] [ ] 7. Pitcher's mound has become worn and needs to be reconditioned. [ ] [ ] 8. The skinned area has low spots, holes, or is not level and should be dragged/re-graded. [ ] [ ] 9. There is a hazardous soil buildup (lip) between the skinned area and the turf. [ ] [ ] 10. The skinned area has unsafe wet spots and/or puddles. 13 [ ] [ ] 11. When moist, the skinned area is too sticky and adheres to shoes. [ ] [ ] 12. Coach's box is not level with surrounding area. [ ] [ ] 13. Coach's box is excessively hard. COMMENTS PITCHER'S MOUND Yes No [ ] [ } 1. The mound does not conform to league requirements. [ ] [ ] 2. Platform area behind the rubber is not large enough. [ } [ ] 3. "Push off" and "landing" areas are not constructed with specialized clay. [ ] [ ] 4. "Push -off" and "landing" areas are dished out and need repair. [ ] [ ] 5. There is a hazardous soil buildup (lip) between the mound and the infield grass. COMMENTS PLAYING SURFACE: Yes No [ ] [ ] 1. Maintenance equipment such as rakes, hoses, etc. have been left on the field. [ ] [ ] 2. Litter and unsafe debris is scattered around the field and player /spectator areas. [ ] [ ] 3. The supply and location of waste cans is inadequate. [ ] [ ] 4. Sprinkler heads, drainage grates, valve boxes, etc. in the field are above grade or have sharp edges or unsafe protrusions. [ ] [ ] 5. There have been recurring accidents from players running into surrounding objects such as fencing, light posts, bleachers, etc. 1111 6. Our facility does not comply with industry recommended field design 14 specifications. COMMENTS BASES AND ANCHORING: Yes No [ ] [ ] 1. The base coverings have unsafe rips or gouges. [ ] [ ] 2. The base framework or hardware is loose or damaged. [ ] [ ] 3. The base ground stake is unsafely protruding above the surface grade. [ ] [ ] 4. The base ground stake is out of alignment or not level with the surface. [ ] [ ] 5. The base ground stake is not firmly secured in its concrete footing. [ ] [ ] 6. The base, ground stake and its footing are not installed according to the manufacturer's requirement. [ ] [ ] T. The bases do not seat properly with the ground elevation or they are seated loosely. [ ] [ ] 8. The concrete footings have rounded edges and may twist out of place in the ground. [ ] [ ] 9. The surface of home plate is not level with the surrounding surface. [ ] [ ] 10. The surface of home plate is worn or irregular. [ ] [ ] 11. The pitcher's rubber is not level with the surrounding surface or is not secured safely into the ground. [ ] [ ] 12. The pitcher's rubber is showing unsafe wear or gouges. COMMENTS SIGNS Yes No [ ] [ ] 1. The signs are in good condition and properly installed. COMMENTS 15 FENCING Yes No [][] 2 . C][l 3. []C] 4. Fence posts are loose or improperly set in the ground. _ Fence posts are on the inside of the playing area fence. Concrete footings are exposed above ground. Fencing is not securely attached to the fence posts with loose or broken ties. [ ] [ ] 5. There are unsafe gaps under fencing. [ ] [ ] 6. There is no bottom tension wire or railing to secure the bottom of the fence. [ ] [ ] 7. There is not top railing to secure fence at the top. C ] [ ] 8. Wire ends of chain link fencing are exposed_ along the top. [ ] [ ] 9. There are damaged portions of fencing that are loose, sharp, protruding, or unsafe. { ] [ ] 10. Gates are left open during games. { ] [ ] 11. There are unsafe gaps in the backstop or netting with worn out boards or fencing. [ ] [ ] 12. Backstop does not meet industry recommended specifications. [ ] [ ] 13. There is no warning track or warning track is in unsafe condition. COMMENTS TURF AREAS Yes No [ ] [ ] 1. There are unsafe bare spots in turf with a hard soil surface exposed. [ ] [ ] 2. The surface is uneven because of soil grade. [ ] { ] 3. Soil is too wet or drains poorly making an unsafe running surface. [][] surface. [l[l [][] [I[I []Cl 4. Turf is not uniform in texture, density, or height making an unsafe playing 5. Turf irrigation comes on during games. 6. Turf is not stable and "blow- outs" frequently occur. 7.Weeds are present with thorns, bristles, or burrs. B. Moles, gophers or other animals have caused mounds or holes. [ ] [ ] 9. Hazardous ruts occur on the field from mowing equipment or trenching. [ ] [ ] 10. Permanent materials used to mark foul lines (i.e., white boards or fire hose) 16 are protruding from the surface COMMENTS LIGHTING Yes No [ ] [] 1. The lighting was not designed, installed, or inspected by properly trained engineers or technicians. [ ] [ ] 2. There are burned out lights. [ ] [ ] 3. The beam direction of the lights are out of adjustment. [ ] [ ] 4. The lighting grid pattern on the field is uneven or irregular. [ ] [ ] 5. The lighting foot - candles do not meet industry recommended specifications. COMMENTS BLEACHERS Yes No [ ] [ ] 1. The nuts and bolts on the bleachers are loose, missing, or protruding. 2. The guard rails are loose or missing. 3. The plank or railing end caps are loose or missing. 4. Wooden planks are worn out or splintered. 5. There are hazardous protrusions or sharp edges. _ COMMENTS GENERAL SAFETY CONSIDERATIONS Yes No [ ] [ ] 1. Skinned foul lines have become rutted and need to be reconditioned. [ ] [ ] 2. The chalking material used is irritating to the eyes. [ ] [ ] 3. There are no warning signs posted informing players or spectators of use rules or hazardous conditions. 17 , 1 4 [ ] [ ] 4. There are no public telephones available for emergency situations. [ ] [ ] 5. Areas that are hazard_ ous or under repair have not been blocked off or identified. [ ] [ ] 6. There is currently no communication between the maintenance staff and the facility users. COMMENTS 18 0 AGENDA MEMORANDUM First Reading for the City Council Meeting of May 14, 2013 1852 Second Reading for the City Council Meeting of May 28, 2013 DATE: April 25, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3494 Renewal of lease with Padre Youth Soccer league for soccer field CAPTION Ordinance authorizing the City Manager or designee to execute a five -year Lease Agreement with Padre Soccer League for the use of Bill Witt Park for its soccer program. PURPOSE: Renew the lease for field used by Padre Soccer League for five years. BACKGROUND AND FINDINGS Padre Soccer League currently holds a lease to operate a youth soccer league at the field located at Bill Witt Park. The league is requesting a renewal of the lease for a five -year period. ALTERNATIVES Do not approve the lease agreement. OTHER CONSIDERATIONS Not applicable CONFORMITY TO CITY POLICY City Council approval is required to renew the Lease for Padre Youth Soccer League located at Bill Witt Park. EMERGENCY / NON - EMERGENCY Non - Emergency DEPARTMENTAL CLEARANCES Legal, Finance FINANCIAL IMPACT ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION Staff recommends approval of the lease with Padre Little League. LIST OF SUPPORTING DOCUMENTS Ordinance, Lease with exhibits Ordinance authorizing the City Manager or designee to execute a five -year Lease Agreement with Padre Soccer League for the use of Bill Witt Park for its soccer program. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Manager or designee is authorized to execute a five -year Lease Agreement with Padre Soccer League for the use of Bill Witt Park for its soccer program. A copy of the agreement is on file with the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 1 , by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of 1 , by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary Chad Magill Colleen McIntyre Lillian Riojas Mark Scott day of , Nelda Martinez Mayor LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND PADRESOCCERLEAGUE This lease agreement ( "Lease ") is entered into by and between the City of Corpus Christi, a Texas home rule municipal corporation ( "City "), acting through its duly authorized City Manager or designee ( "City Manager "), and Padre Soccer League ( "Lessee "), a Texas nonprofit association, acting through its duly authorized President of Lessee. WHEREAS, the City owns property described on the attached Exhibits A and B, which said property is located in Corpus Christi, Nueces County, Texas, known as the "Premises "; WHEREAS, the Lessee desires to use the Premises for program described on the attached Exhibit A; and WHEREAS, the City desires to allow Lessee to use the Premises for said program; NOW, THEREFORE, the City and Lessee, in consideration of the mutual promises and covenants herein, agree as follows: Section 1. Term Subject to the remaining terms and conditions hereof, the original term of this Lease is as described on the attached exhibit, beginning on day of final City Council approval, ( "Effective Date ") which is , unless sooner terminated as set out herein. Section 2. Contact Person /Lease Administrator For this Lease, the City's contact person and lease administrator is the Director of Parks and Recreation or designee ( "Director "). Section 3. Premises and Improvements City leases to Lessee the Premises, as described and delineated in Exhibit B the site map which is attached hereto and incorporated herein this Agreement by reference, and all improvements to the Premises ( "Improvements ") including, without limitation, any buildings, lighting, the fields, fences, irrigation systems, and the grassed areas. Section 4. Consideration Padre Soccer League must operate the program described on Exhibit A and must maintain the Premises and all Improvements on a year -round basis in accordance with all maintenance rules, with respect to this Lease, set out by the City Manager or his designee in effect now and as promulgated in the future. Failure to maintain the Premises and all Improvements in accordance with these rules constitutes grounds for termination of this Lease. At a minimum, maintenance includes: (A) Padre Soccer League shall pick up and properly dispose of litter on a daily basis whenever the Premises are being used and weekly during the rest of the year. (B) Padre Soccer League shall keep fully operational and in good repair the Premises and Improvements. City has no responsibility for maintenance or repair to the Premises and Improvements. (C) Padre Soccer League must immediately report any vandalism to the Director, or designee, and the Corpus Christi Police Department, Nueces County, Texas. However, the City has no responsibility to repair or replace any damages to Premises and Improvements caused by vandalism or caused by any other reason. (D) Padre Soccer League shall ensure that parking is confined to on- street parking only, or designated parking lots but no parking is to be allowed on grass. All motor vehicles must be restricted to the designated parking lot area. (E=) Padre Soccer League will provide normal, scheduled mowing of the Premises. Padre Soccer League will be responsible for maintaining the fields as set out in herein below. Furthermore, Padre Soccer League will be responsible for maintaining the grass in the adjacent viewing /access areas at a safe height not to exceed six (6) inches; (F) Padre Soccer League shall maintain the fields within the Premises boundary lines. Grass on the fields must not exceed three (3) inches. Padre Soccer League must mow the fields within one (1) week after grass reaches three (3) inches in height. At least one month prior to the start of any season or pre - season practice, the fields must be gradually cut shorter and brought into playing condition. Failure to keep the grass on the fields at or below three (3) inches in height or to properly bring the fields back to playing condition will be grounds for termination of this Lease; Padre Soccer League shall throw Winterize (fertilizer with nutrients) on the fields before first cold front each year. In February and September, Padre Soccer League shall throw iron on the fields to make the grass green. The Winterize, Weed and feed, and iron shall be purchased by the Padre Soccer League. (G) If Padre Soccer League utilizes goal posts on the Premises, Padre Soccer League shall maintain a secure anchoring system on all goal posts used on the fields at Premises. Padre Soccer League must repair any deficiency found in the anchoring system that impairs the safe use of the anchoring system within forty -eight (48) hours after the need for repair is or should have been discovered; Padre Soccer League shall not allow use of the Premises until the anchoring system is repaired; (H) Padre Soccer league is responsible for proper installation and use of all equipment and improvements at Premises; (1) Padre Soccer League must maintain First Aid kit on Premises; (J) Padre Soccer League shall complete and submit the attached Exhibit D, Standard of Maintenance to the Director no later than March 1 and again August 1 of each year. Section_ S. Compliance with Maintenance Standards The City Manager and the Director, or their respective designee, has the right to inspect the Premises and/or the Improvements at any time during the term of this Lease. If an inspection reveals that maintenance is not being properly carried out, the Director, or designee, may provide written notice to Lessee demanding compliance, and also assessing fee of $250. If Lessee has not complied within five (5) days after receipt of the demand, the City may undertake the work and Lessee shall pay the City's cost plus ten percent (10 %) overhead within thirty (30) days of receipt of the Director's invoice. Failure to pay the City's invoice for maintenance within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee for Lessee's nonperformance of the maintenance. Section 6. Sportsmanship Program. Lessee shall require that all of its coaches and at least one family member of each youth participant (less than 18 years of age) shall complete a state or nationally recognized, or Parks Director approved, parent and coach sportsmanship program. Section 7. Background Checks. Lessee shall require satisfactory criminal background checks on each of its Board members and coaches associated with its sports program. Section 8. Assignment and Sublease. This Lease may not be, in whole or in part, assigned, directly or indirectly, without the prior written consent of the City. This Lease maybe sublet only with the prior written consent of the Director. Requests to sublet the premises must be submitted to the Director at least 30 days in advance. Any tournament or activity allowed to take place by Lessee at the Premises shall be the responsibility of Lessee to indemnify and insure in accordance with this agreement. Section 8. Securing /Anchoring of Goal Posts. Lessee acknowledges and covenants that 2 Lessee shall be responsible, during the term of this Lease, for maintaining the anchoring system, as set out in Section 4 above. Any change, alteration, or modification to the anchoring system during the term of this Lease must be submitted to Director, in writing, prior to the change, alteration or modification being made. Section 10. Understanding Lessee acknowledges and understands that use of the Premises is expressly conditioned on the understanding that the Premises and all Improvements must be returned in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction, where Lessee is without fault, excepted. Section 11. Joint Use (A) City retains joint use of the Premises and Improvements during the term of this Lease, subject to Lessee's right to exclusive control of the Premises during its use for Lessee's sport program purposes. Requests for scheduled organized activities by other organizations will be reviewed for approval or denial by the Director and Lessee. (B) City retains the right to use or cross the Premises with utility lines and/or easements. City may exercise these rights without compensation to Lessee for damages to the Premises and /or any Improvements from installing, maintaining, repairing, or removing the utility lines and/or easements. City must use reasonable judgment in locating the utility lines and /or easements to minimize damage to the Premises and /or its Improvements. Section 12. Primary Purpose Lessee must establish and maintain a recreational area with the primary purpose being for the operation of a sports program described on attached Exhibit A and for no other purpose without the Director's prior written approval. Lessee's fundraising activities on Premises require Director's prior written approval. Lessee's insurance must provide coverage in compliance with Section 22 for the type of fundraising activity being proposed by Lessee. Section 13. Construction (A) No construction or modifications may be made at the Premises, and no drilling, excavation, or penetration of the soil surface may be conducted at the Premises without the prior written approval of the City Director. Lessee shall not make any additions nor alterations to the Premises nor to any Improvements without Director's prior written approval. If approved,, Lessee must obtain clearance, in writing, from City's Risk Management Department (Risk Management) that the proposed addition or alteration will be covered under the insurance policy in force during the term of this Lease before proceeding with any type of addition or alteration to the Premises or to the Improvements. (B) All additions or alterations must be made at Lessee's expense. All additions or alterations installed by Lessee must be repaired or replaced at Lessee's expense and may be removed by Lessee at the expiration or termination of the Lease only if they may be removed without damaging the Premises or any Improvements. All additions or alterations made by Lessee which are not removed at the expiration or termination of this Lease become the property of City without necessity of any legal action. Section 14. Utilities. Lessee must pay for all utilities used by it or for any activity sponsored by Lessee on the Premises prior to the due date for payment. Failure to pay any utility bill on or before the due date is grounds for termination of this Lease. Lessee must adhere to applicable water conservation standards. In an effort to ensure that fields are maintained In accordance with City standards, the City shall not charge Lessee for water used by Lessee to maintain the fields, up to maximum number of gallons set by Director of Parks and Recreation for each calendar year. 3 Section 16. Signs (A) Lessee must not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering (Signs) on the Premises or on any Improvements without the Director's prior written approval. (B) If Signs are approved, the Director, in writing, may require Lessee to remove, repair, or repaint any Signs. If the Signs are not removed, repaired, or repainted within ten (10) days of the Director's written demand, the City may do or cause the work to be done, and Lessee must pay the City's costs within thirty (30) days of receipt of Director's invoice. Failure to pay the City's costs within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee. Section 16. Advertising The Director has the right to prohibit any advertising by Lessee on Premises which impairs the reputation of the Premises or the City. Section 17. Securi . Lessee shall contract and pay for any and all security it requires at the Premises during the term of this Lease. Section 18. Non- Discrimination Lessee shall not discriminate nor permit discrimination against any person or group of persons, as to employment and in the provision of services, activities, and programs, on the grounds of race, religion, national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws of the United States or the State of Texas. The City Manager, or his designee, retains the right to take such action as the United States may direct to enforce this non - discrimination covenant. Section 19. Compliance with Laws. (A) Lessee must comply with all Federal, State, and local government laws, rules, regulations, and ordinances, which may be applicable to its operation at the Premises and its performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. (B) All actions brought to enforce compliance with any law or to enforce any provision of this Lease will be brought in Nueces County where this Lease was executed and will be performed. Section 20. Costs Noncompliance with the terms herein may result in termination of this Lease and repossession of the Premises and its Improvements by the City or its agents. If the City undertakes legal action to enforce compliance or collect damages resulting from noncompliance, Lessee must pay all of the City's court costs and expenses, including reasonable attorneys' fees. Section 21. Indemnity. Lessee, its officers, members, partners, employees, representatives, agents, andlicensees (collectively, Indemnitors) covenant to fullyindemnify, save, andhold harmless the City, its officers, employees, representatives, and agents (collectively, Indemnitees) from and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers compensation and death claims, orpropertyloss ordamage ofanykind whatsoever, to the extent any damage orinjury maybe incident to, arise out of, be causedby, orbe in any way connected with, either proximately or remotely, wholly or in part, (1) the existence, use, operation, maintenance, alteration, or repair of Premises and the Lessee's sports program; (2) the exercise of rights under this Lease; (3) an act or omission, negligence, or misconduct on the part of any persons having involvement in, participation with, or business with the Premises, Lessee, or the Lessee's sport program whether authorized with the express or 11 implied invitation or permission of Lessee (collectively, Lessee's Invitees) entering upon the Premises or its Improvements pursuant to this Lease, or trespassers entering upon the Premises or its Improvements during Lessee's use or physical occupation of the Premises; or (4) due to any of the hazards associated with sporting events, training, or practice as a spectator or participant including, but not limited to, any injury or damage resulting, wholly or in part, proximately or remotely, from the violation by lndemnitees or any them of any law, rule, regulation, ordinance, or government order of any kind, and including any injury or damage in any other way and including all expenses arising from litigation, court costs, and attorneys fees, which arise, or are claimed to arise from, out of, or in connection with the asserted or recovered incident. Lessee covenants and agrees that if City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with counsel satisfactory to lndemnitees, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, demand, claim, or action. Section 22. Insurance. (A) Lessee must secure and maintain at Lessee's expense, during the term of this Lease, a Commercial General Liability insurance policy with the limits and requirements shown on Exhibit C, which is attached hereto and incorporated herein by reference. Failure to maintain such insurance at the limits and requirements shown on Exhibit C constitutes grounds for termination of this Lease. (B) Lessee must provide proof, by Certificate of Insurance meeting the limits and requirements set out in Exhibit C, to the Director and Risk Management prior to commencing use of the Premises under this Lease. (C) Lessee must provide the Director and Risk Management thirty (30) days written notice of cancellation, intent not to renew, or material change of any insurance coverages required herein. (D) Lessee shall, during the term of this Lease, provide copies of all insurance policies to the City Manager or the Director upon written request. (E) Lessee shall, prior to any addition or alteration to the Premises or to the Improvements, obtain clearance, in writing, from Risk Management, as per Section 8 as set out herein this Lease. Section 23. No debts. Lessee shall not incur any debts nor obligations on the credit of City during the term of this Lease. Section 24. Termination (A) The City Manager may immediately terminate this Lease for cause and without penalty if the City Manager determines, in his sole discretion, that Lessee is no longer fulfilling the primary purpose of the Lease as set out in Exhibit A. (B) in addition, the City Manager may immediately terminate this Lease for cause and without penalty if he determines, in its sole discretion that Lessee is in violation of any Federal, State, or local government law, rule, regulation, or ordinance. (C) Additionally, if there is noncompliance with one or more of the provisions contained herein, the Director may give Lessee written notice to cure or begin curing the default(s) within ten (10) days of receipt of the notice. if Lessee is not in compliance or in substantial compliance with each provision identified by the Director within ten (10) days of receiving said notice, the City Manager may terminate this Lease for cause without penalty by providing written notice of termination and 5 listing one or more areas of continued noncompliance. (D) Either City Manager or Lessee may terminate this Lease without cause without penalty by giving thirty (30) days written notice to the non - terminating party. (E) Lessee's property must be removed from the Premises upon date of termination. If it is not removed by Lessee, then City may retain property for City purposes, or City may dispose of the property in any manner deemed appropriate by Director and Lessee shall pay City's costs for disposal. Section 26. Notice All notices, demands, requests, or replies provided for or permitted, underthis Lease, by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; or (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. All such communications must only be made to the following: IF TO CITY IF TO LESSEE City of Corpus Christi Name and address on Exhibit A Attn: Director of Park & Recreation P. O. Box 9277 Corpus Christi, TX 78469 -9277 Either party may change the address to which notice is sent by using a method set out above. Lessee will notify the City of an address change within thirty (30) days after the address is changed. Section 26. List of Current Officers and Board of Directors, and Bylaws Lessee must submit its current List of Officers and Board of Directors (List) to the Director by each January 31 of each year of this Lease. The List must contain each person's title, name, address, home phone, and office or fax phone, and email address. Lessee must notify Director in writing immediately if there are any changes in the Officers or Board of Directors. Lessee must provide Directorwith copy of the current Bylaws, and immediately provide Director with any amendments to the Bylaws. Section 27. Reporting Lessee shall submit reports listing the number of youth and teams registered by Lessee to play sports each year during the term of this Lease. The reports must be submitted to the Director within two weeks after the start of Lessee's season. Section 28. Construction and Reconstruction Funds. (A) If the City receives funds to construct or reconstruct Improvements at the Premises, Lessee covenants to vacate the Premises, should the Director deem it necessary, upon thirty (30) days written notice from the Director. (B) Lessee has no action for damages against nor will be compensated by the City for loss of use of the Premises and/or Improvements. The City has no obligation to provide an alternate location for Lessee during the Improvements construction or reconstruction period. The consideration for Lessee relinquishing all rights to use the Premises and Improvements during the construction or reconstruction period is the City's construction or reconstruction of the Improvements for Lessee's benefit. (C) Once construction or reconstruction of the Improvements is complete, the Director will notify Lessee, in writing, of the date on which the Premises and Improvements are once again available to C't Lessee. (D) Lessee's term will not change nor increase if the City requests Lessee to vacate the Premises as set out herein. Section 29. Amendments. No alterations, changes, or modifications of the terms of this Lease, nor the waiver of any provision will be valid unless made in writing and signed by a person authorized to sign agreements on behalf of each party. Section 30. Waiver (A) The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights hereunder. (B) No waiver of any covenant or condition or of the breach of any covenant or condition of this Lease by either party at any time, express or implied, shall be taken to constitute a waiver of any subsequent breach of the covenant or condition nor shall justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition hereof. (C) If any action by the Lessee requires the consent or approval of the City on one occasion, any consent or approval given on said occasion will not be deemed a consent or approval of the same or any other action at any other occasion. (D) Any waiver or indulgence of Lessee's default of any provision of this Lease shall not be considered an estoppel against the City. It is expressly understood that, if at any time Lessee is in default in any of its conditions or covenants hereunder, the failure on the part of City to promptly avail itself of said rights and remedies which the City may have will not be considered a waiver on the part of the City, but the City may at any time avail itself of said rights or remedies or elect to terminate this Lease on account of said default. Section 31. Force M cure No party to this Lease will be liable for failures or delays in performance due to any cause beyond their control including, without limitation, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The rights and obligations of the parties will be temporarily suspended during this period to the extent performance is reasonably affected. Section 32. Publication Lessee agrees to pay the cost of newspaper publication of this Lease and related ordinance as required by the City Charter. Section 33. Captions The captions in this Lease are for convenience only, are not a part of this Lease, and do not in any way limit or amplify the terms and provisions of this Lease. Section 34. Severability (A) If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, orword of this Lease or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. 7 (B) To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Lease, then the remainder of this Lease is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Lease automatically. Section 35. Signs at Premises Lessee will post a notice at Premises, in a form approved by the Parks Director, that if any participant or spectator has any complaints or concerns they may contact the City at 826 -3461 and speak to Athletic Manager or Assistant Manager regarding any complaints or concerns (A) Lessee must post and maintain a sign with sportsmanship policies and possible consequences for non - compliance with policies. (B) Lessee must post and maintain appropriate sings to indicate ADA parking. (C) Lessee must post and maintain signs to indicate restricted parking areas and also that No Parking on grass is permitted. (D) Lessee must post and maintain signs to indicate Maintenance area(s). (E^) Less must post Health permits at the concession areas. (F) Lessee must store food handler cards on file at the Premises. (G) Lessee must promptly replace or repair any damaged or missing signage. Section 36, Entirety Clause This Lease and the attached and incorporated exhibits constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter hereof, unless contained in this Lease are expressly revoked, except for the promulgation of future maintenance rules as contemplated in Section 4 herein above, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promises, and covenants governing each party's performance hereunder and as relating to Lessee's use of the Premises. EXECUTED IN DUPLICATE, each of which shall be considered an original, on this the day of 2013. ATTEST: Armando Chapa, City Secretary CITY OF CORPUS CHRISTI Ronald L. Olson, City Manager LESSEE: Padre Soccer League By: 0- x� et 1 President Printed Name: Date: 0 Z 4� - Q C'. Zda STATE OF TEXAS r COUNTY OF NUECES 1 This instrument was acknowledged before me on , 2013, by President of Padre Soccer League, on gehalf of s id Texas nonprofit association. Notary Public, 5 ate of Texas `14111P /// Printed name GL,g 4ANNIE HOLLAND Commission expires: / NotarY'Rvbilc, State of - texas MY Co?nmission Expires December 23, 2013 0 EXHIBIT A Property Description: Bill Witt Youth Soccer Complex Term: l=ive Years from date of'City Council final approval Program to be operated by Lessee: Soccer League Notice Address for Lessee: Padre Soccer League Attn: President P. O. Box 270453 Corpus Christi, Texas 78467 1.101 } Exhibit r3 pn S - 0 I or 3 \ rAM WcCZR Aft e BILL IMT`f PARK WWrLAN t�� N� 4 1 r r r r r HV�1t I iwRr mat r �� PokiwAMmadim EXHIBIT 6 REVISED 10/2001 ( 0G5e 2 oe 3 ) STATE OF TEXAS COUNTY OF NIECES BEING A 34.47 ACRE TRACT OF LAND, OUT OF THAT CERTAIN 136,22 ACRE TRACT, CONVEYED TO THE CITY OF CORPUS CHRISTI, TEXAS, COMANONLY KNOWN AS BILL WITT PARK AND DESCRIBED IN DEED RECORDED IN VOLUME 7709, PAGE 96, OF THE DEED RECORDS OF NUECES COUNTY, TEXAS, BEING} OUT OF AND SITUATED IN SECTION 21, OF THE FLOUR FLUFF S IENC1Q, FARM IL GARDEN TRACTS, A MAP OF WHICH IS RECORDED IN VOLUME A, PAGES 41 TNRU 43, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; BEGINNING at a 1" iron pipe, found, on the southwest boundary line of a 100.00 foot wide road, known as Yorktown Boulevard, at it's Intersection with the northwest boundary line of said Bill Witt Park, for the north comer of this tract; THENCE, South 81 17'30" East, parallel with and 50.00 feet distant therefrom, measured at tight angles thereto, the centerline of said Yorktown Boulevard, a distance of 1,412.83 feet, to a 518" iron rod, set, for the most northerly east comer of this tract; THENCE, South 07° 19'54" East, a distance of 164.48 feet, to 'a 518" concrete nail and disk, set, for the most easterly comer of this tract; THENCE, South 28° 37' S3" West, a distance of 884.14 feet, to a 518" Iron rod, set, for the south comer of this tract; THENCE, North 61 ° 24' 00" West. a distance of 1,510.95 feet, to a 518" iron rod, set, at it's Intersection with the northwest boundary line of aforementioned pill Witt Park, for the west corner of this tract; THENCE. with said northwest boundary line of Bill Witt Park, North 28 43' 08" East, a distance of 1000.00 feet to the POINT AND PLACE OF BEGINNING and containing 34.47 acres of land. State of Texas County of Nuaces 1, Russell Ochs, a Registered Professional Land Surveyor, hereby certify that the foregoing field notes were prepared by me from a land survey mado on the ground under my direction. OFj Th the 13 day of August, 2001• P C, ST�pE�' .......... : ... Russell D. Ocher State of Texas license No. 5,241 ` ,4)SUh EXHIBIT B, REVISED 14/2401 SET fii7V AGIR POINT ar 401WIA0 MAD N 28'41' E 1000.00' of 1, Russell 1]. Ochs. Reslst*red Prof *sslanal Land Surveyor. hereby certify that the foresoing Map was prepared from A survey M& a on the ground Rader eny direction. This she K� day of Russel) A. acts State of Texas Lic. 5.24 "IN 1.InK FkWX t' IP. I ax c aoo a0G �� �" MLM BEING 34.47 ACAM OF LAND OUT OF THAT CERTAIN rw:sscx. aULA; K Lk;A.tillL 13(i.E2 ACRE TRACT. CONVEYED To YHc CITY Or CORPUS LEASE OUT OF - CHRISTI, TEXAS. COMMONLY KNOWN AS BILL WITT BILL WITT PARK v i- PARK A ND DESCRIBED IN DEED RECORDED IN VOLUME oeo.rs"nt of 1^.09. PAGE 9S OF T} E 0=0 RECORDS 0� h'UECES ^COL)NTY. TEXAS. AND BEING OUT Or SECTION 21 Or TFE FLOUR BLUFF AND ENCTNAL, RARh4 F. GARDEN TRACTS. Dnt Q: � P #�4 F�CORDED IN VOLIR -!E A. PAGES 4543 O^ Tt z. MAC Far-CORDS 0- NUErCE S COLINTI. TEXAS LIMP. , • a 4 t� .� .fd18T� fr' {•'. y; a • R FC; . �r�,. . RUSSELL (� +p Y� ^• . ouu s..q N .. M4rx s PADRR FOUTR SOCCER 6 ��a 34,47 ACR ,VS ,.. c; a z Lif/I..0 DOALS- MT " zMW RW S 1,• � f' SET 98' ZMV RM WT Ag 2 Air / M.14' 1, Russell 1]. Ochs. Reslst*red Prof *sslanal Land Surveyor. hereby certify that the foresoing Map was prepared from A survey M& a on the ground Rader eny direction. This she K� day of Russel) A. acts State of Texas Lic. 5.24 "IN 1.InK FkWX t' IP. I ax c aoo a0G �� �" MLM BEING 34.47 ACAM OF LAND OUT OF THAT CERTAIN rw:sscx. aULA; K Lk;A.tillL 13(i.E2 ACRE TRACT. CONVEYED To YHc CITY Or CORPUS LEASE OUT OF - CHRISTI, TEXAS. COMMONLY KNOWN AS BILL WITT BILL WITT PARK v i- PARK A ND DESCRIBED IN DEED RECORDED IN VOLUME oeo.rs"nt of 1^.09. PAGE 9S OF T} E 0=0 RECORDS 0� h'UECES ^COL)NTY. TEXAS. AND BEING OUT Or SECTION 21 Or TFE FLOUR BLUFF AND ENCTNAL, RARh4 F. GARDEN TRACTS. Dnt Q: � P #�4 F�CORDED IN VOLIR -!E A. PAGES 4543 O^ Tt z. MAC Far-CORDS 0- NUErCE S COLINTI. TEXAS LIMP. , • a 4 t� .� .fd18T� fr' {•'. y; a • R FC; . �r�,. . RUSSELL (� +p Y� ^• . EXHIBIT C INSURANCE REQUIREMENTS LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this tease until insurance required herein has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies, TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day written notice of cancellation, non - renewal, Bodily Injury and Property Damage material change or termination is required on all Per occurrence 1 aggregate certificates. Commercial General Liability including: $1,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - Operations 3. Products/ Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal Injury C. In the event of accidents of any kind, Lessee must furnish the Risk Manager copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: • The City of Corpus Christi must be named as an additional insured on the liability coverage, and a blanket waiver of subrogation is required on all applicable policies. • If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled ", and deleting the words, "endeavor to ", and deleting the wording after "left ", ".In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. • The name of the project must be listed under "Description of Operations ". • At a minimum, a 30 -day written notice of cancellation, material change, non - renewal or termination is required. B. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items 1, B (1) -(7), an authorized representative of the insurance company must include a letter specifically stating whether items 1.13. (1) -(7) are included or excluded. 12 EXHIBIT D STANDARD OF MAINTENANCE SPORT FIELD LEASE CHECKLIST Due March 1 and August 1 each year of the Lease SITE: INSPECTOR: ADDRESS: Date of Inspection: League President Signature League President Printed Name: All Leagues must complete this self- inspection checklist form twice each year. Due date will be March 1 and again August 1 of each year of the lease. Each league is responsible for their self inspection. If the inspection is not submitted to the City of Corpus Christi Parks and Recreation Department, 1201 Leopard, Corpus Christi, Texas 78401 by the deadline (March 1 and August 1) each year of the lease, the League will be assessed a fee of $250.00 per site for each inspection the City performs. Check "NO" if repairs are not necessary; "YES" if repairs are necessary. A comment is required for any "YES" answer. SKINNED AREAS Yes No [ ] [ ] 1. The soil is too loose to provide good running traction. [ ] [ ] 2. The soil surface is not loose enough around sliding zones for safe sliding. [ ] [ ] 3. The soil is too abrasive for safe sliding. [ ] [ ] 4. The soil is too compacted to provide good drainage. [ ] [ ] 5. Running paths and sliding zones near bases have become worn and need to be leveled off. [ ] [ ] 6. Batter's box and home plate areas have become worn and need to be reconditioned. [ ] [ ] 7. Pitcher's mound has become worn and needs to be reconditioned. [ ] [ ] 8. The skinned area has low spots, holes, or is not level and should be dragged /re- graded. [ ] [ ] 9. There is a hazardous soil buildup (lip) between the skinned area and the turf. [ ] [ ] 10. The skinned area has unsafe wet spots and/or puddles. 13 [ ] [ ] 11. When moist, the skinned area is too sticky and adheres to shoes. [ ] [ ] 12. Coach's box is not level with surrounding area. [ ] [ ] 13. Coach's box is excessively hard. COMMENTS PITCHER'S MOUND Yes No L 1 L l 1. The mound does not conform to league requirements. [ ] [ ] 2. Platform area behind the rubber is not large enough. [ ] [ ] 3. "Push off" and "landing" areas are not constructed with specialized clay. [ ] [ ] 4. "Push -off" and "landing" areas are dished out and need repair. [ ] [ ] 5. There is a hazardous soil buildup (lip) between the mound and the infield grass. COMMENTS PLAYING SURFACE: Yes No [ ] [ ] 1. Maintenance equipment such as rakes, hoses, etc. have been left on the field. [ ] [ ] 2. Litter and unsafe debris is scattered around the field and player /spectator areas. [ ] L 1 3. The supply and location of waste cans is inadequate. [ ] [ ] 4. Sprinkler heads, drainage grates, valve boxes, etc. in the field are above grade or have sharp edges or unsafe protrusions. [ ] [ ] 5. There have been recurring accidents from players running into surrounding objects such as fencing, light posts, bleachers, etc. [ ] [ ] 6. Our facility does not comply with industry recommended field design 14 specifications. COMMENTS BASES AND ANCHORING: Yes No [ ] [ ] 1. The base coverings have unsafe rips or gouges. [ ] [ ] 2. The base framework or hardware is loose or damaged. L ] L ] 3. The base ground stake is unsafely protruding above the surface grade. [ ] [ ] 4. The base ground stake is out of alignment or not level with the surface. [ ] [ ] 5. The base ground stake is not firmly secured in its concrete footing. [ ] [ ] 6. The base, ground stake and its footing are not installed according to the manufacturer's requirement. [ ] [ ] 7. The bases do not seat properly with the ground elevation or they are seated loosely. [ ] [ ] 8. The concrete footings have rounded edges and may twist out of place in the ground. [ ] [ ] 9. The surface of home plate is not level with the surrounding surface. [ ] [ ] 10. The surface of home. plate is worn or irregular. [ ] [ ] 11. The pitcher's rubber is not level with the surrounding surface or is not secured safely into the ground. [ ] [ ] 12. The pitcher's rubber is showing unsafe wear or gouges. COMMENTS SIGNS Yes No [ ] [ ] 1. The signs are in good condition and properly installed. COMMENTS 15 FENCING Yes No [ ] [ ] 1. Fence posts are loose or improperly set in the ground. [ ] [ ] 2. Fence posts are on the inside of the playing area fence. [ l [ ] 3. Concrete footings are exposed above ground. [ ] [ l 4. Fencing is not securely attached to the fence posts with loose or broken ties. [ ] (] 5. There are unsafe gaps under fencing. [ ] [ ] 6. There is no bottom tension wire or railing to secure the bottom of the fence. [ ] [ ] 7. There is not top railing to secure fence at the top. [ ] [ ] 8. Wire ends of chain link fencing are exposed along the top. [ ] [ ] 9. There are damaged portions of fencing that are loose, sharp, protruding, or unsafe. [ l [ ] 10. Gates are left open during games. [ ] [ ] 11. There are unsafe gaps in the backstop or netting with worn out boards or fencing. [ ] [ ] 12. Backstop does not meet industry recommended specifications. [ ] [ ] 13. There is no warning track or warning track is in unsafe condition. COMMENTS TURF AREAS Yes No [ ] [ ] 1. There are unsafe bare spots in turf with a hard soil surface exposed. [ ] [ ] 2. The surface is uneven because of soil grade. [ ] [ ] 3. Soil is too wet or drains poorly making an unsafe running surface. [ ] [ ] 4. Turf is not uniform in texture, density, or height making an unsafe playing surface. [ ] [ ] 5. Turf irrigation comes on during games. [ ] [ ] 6. Turf is not stable and "blow- outs" frequently occur. [ ] [ ] 7.Weeds are present with thorns, bristles, or burrs. [ ] [ ] 8, Males, gophers or other animals have caused mounds or holes. [ ] [ ] 9. Hazardous ruts occur on the field from mowing equipment or trenching. [ ] [ ] 10. Permanent materials used to mark foul lines (i.e., white boards or fire hose) "rol a are protruding from the surface. COMMENTS LIGHTING Yes No [ ] [ ] 1. The lighting was not designed, installed, or inspected by properly trained engineers or technicians. [ ] [ ] 2. There are burned out lights. [ ] [ ] 3. The beam direction of the lights are out of adjustment. [ ] [ ] 4. The lighting grid pattern on the field is uneven or irregular. [ ] [ ] 5. The lighting foot - candles do not meet industry recommended specifications. COMMENTS BLEACHERS Yes No [ ] [ ] 1. The nuts and bolts on the bleachers are loose, missing, or protruding. [ ] [ ] 2. The guard rails are loose or missing. [ ] [ ] 3. The plank or railing end caps are loose or missing. [ ] [ ] 4. Wooden planks are worn out or splintered. [ ] [ ] 5. There are hazardous protrusions or sharp edges._ COMMENTS GENERAL SAFETY CONSIDERATIONS Yes No [ ] [ ] 1. Skinned foul lines have become rutted and need to be reconditioned. [ ] [ ] 2. The chalking material used is irritating to the eyes. [ ] [ ] 3. There are no warning signs posted informing players or spectators of use rules or hazardous conditions. 17 [ ] [ ] 4. There are no public telephones available for emergency situations. [ ] [ ] 5. Areas that are hazardous or under repair have not been blocked off or identified. [ ] [ ] 6. There is currently no communication between the maintenance staff and the facility users. COMMENTS 18 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of May 14, 2013 1852 Second Reading Ordinance for the City Council Meeting of May 28, 2013 DATE: April 24, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, Director, Development Services Department MarkVV@cctexas.com (361) 826 -3246 Approval of a use privilege agreement with the Corpus Christi Independent School District to install, operate, maintain, and remove a wastewater line located at 2602 Lipan Street CAPTION Ordinance authorizing the City Manager to execute a use privilege agreement with the Corpus Christi Independent School District ( "Permittee ") to install, operate, maintain, and remove a private two -inch wastewater force main within the Lipan Street public right -of -way, subject to Permittee's compliance with specified conditions. PURPOSE: The purpose of the use privilege agreement is to allow the Corpus Christi Independent School District the ability to provide restroom services to the Roy Miller High School softball field restroom /storage facility, located on 2602 Lipan Street. BACKGROUND AND FINDINGS The Corpus Christi Independent School District, ( "Permittee ") has requested a Use Privilege Agreement ( "UPA ") from the City to install, operate, maintain, and remove a private two -inch PVC wastewater force main ( "Wastewater Line ") within the Lipan Street public right -of -way between the Permittee's property (at 2602 Lipan Street) and Palm Drive. The private two -inch force main being constructed will be approximately 297 linear feet, and is located on the north side of the Lipan Street public right -of -way. The Wastewater Line authorized by this Agreement is strictly limited to providing restroom service to the Roy Miller High School softball field restroom and storage facility, located at 2602 Lipan Street, in the Use Privilege Area. ALTERNATIVES Deny the request of a Use Privilege Agreement. OTHER CONSIDERATIONS Not applicable. CONFORMITY TO CITY POLICY City Charter Article IX, Section 1, requires City Council approval for use of any portion of public right -of -way for private purposes. Ordinance 026217, Section 3. Section. 49- 61. Fees for use of public ways by unauthorized pipelines. EMERGENCY /NON- EMERGENCY Non - Emergency DEPARTMENTAL CLEARANCES All public and franchised utilities were contacted. None of the City departments or franchised utility companies had any facilities or objections regarding the proposed Use Privilege Agreement, provided the applicant meets the specified conditions set out in the Use Privilege Agreement. FINANCIAL IMPACT ❑ Operating o Revenue ❑ Capital ❑ Not applicable Fund (s):Development Services 4670 Comments: Not applicable RECOMMENDATION Staff recommends approval and adoption of the ordinance. Owners must comply with the following conditions: 1. In exchange for the City's authorization to allow use of the public right -of -way for the stated purpose, the Permittee agrees to provide the City with an annual payment of $742.00. 2. The Permittee's use of the two -inch PVC wastewater force main is strictly limited to serving the Permittee's Roy Miller High School Softball Field restroom /storage facilities on Lipan Street. Permittee may not provide wastewater service through this force main outside of this limitation. 3. All costs incurred to install, operate, maintain, repair, and remove the two -inch PVC wastewater force main are the sole responsibility of the Permittee. Project to Date Fiscal Year: 2012- Expenditures Current 2013 CIP only) Year Future Years TOTALS Line Item Budget 0 Encumbered / Expended Amount annual term payments of This item $742.00 $742.00 $1,484.00 BALANCE $742.00 $742.00 $1,484.00 Fund (s):Development Services 4670 Comments: Not applicable RECOMMENDATION Staff recommends approval and adoption of the ordinance. Owners must comply with the following conditions: 1. In exchange for the City's authorization to allow use of the public right -of -way for the stated purpose, the Permittee agrees to provide the City with an annual payment of $742.00. 2. The Permittee's use of the two -inch PVC wastewater force main is strictly limited to serving the Permittee's Roy Miller High School Softball Field restroom /storage facilities on Lipan Street. Permittee may not provide wastewater service through this force main outside of this limitation. 3. All costs incurred to install, operate, maintain, repair, and remove the two -inch PVC wastewater force main are the sole responsibility of the Permittee. LIST OF SUPPORTING DOCUMENTS Ordinance and Use Privilege Agreement USE PRIVILEGE AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This use privilege agreement ( "Agreement ") is entered into by and between the City of Corpus Christi ( "City "), a Texas home -rule municipal corporation, and the Corpus Christi Independent School District ( "Permittee "), a Texas public school district and property owner of 2602 Lipan Street, Corpus Christi, Texas, whose business address is 801 Leopard Street, Corpus Christi, Texas, 78403. In accordance with Article IX, Section 1, of the City's City Charter and in consideration of an annual payment of Seven Hundred and Forty -two Dollars ($742.00) paid by Permittee, the receipt of which for the initial year is acknowledged, the City has granted and conveyed, and by these presents does grant and convey to Permittee, for the term and upon the conditions stated in this Agreement, a use privilege for the right to install, operate, maintain, repair, and remove a two -inch PVC wastewater force main ( "Wastewater Line ") within the north side of the Lipan Street public right -of -way between Permittee's property (at 2602 Lipan Street) and Palm Drive, as shown in Exhibits "A" (Location Map) and "B" (Plan View and Profile View). Exhibits "A" and "B" are attached to this Agreement and incorporated into this Agreement by reference as if fully set out herein in their entireties. The area in which the use privilege is granted to locate the Permittee's Wastewater Line is referred to in this Agreement as the "Use Privilege Area." TO HAVE AND TO HOLD the same use privilege granted unto Permittee, its successors, and assigns, together with the right under the conditions specified in this Agreement, to at any time enter upon the above described Use Privilege Area to install, operate, maintain, repair, or remove Permittee's Wastewater Line, and being further understood that the use privilege granted by this Agreement is subject to the Permittee's compliance at all times with the following conditions, the City and Permittee agree as follows: A. This Agreement, and the rights granted under the Agreement, may be revoked at any time by the City upon providing the Permittee not less than 30 days notice in writing by the City's City Manager, or his designee ( "City Manager"). In the event of a revocation by the City Manager or earlier termination of this Agreement by either party, no portion of any payment made under this Agreement is refundable to the Permittee. B. This Agreement is for a term of one (1) year from the date executed by the City. At the end of the initial term, this Agreement renews automatically for up to four (4) successive annual terms upon the timely payment of $742.00 by the Permittee, unless the Permittee or the City provides written notice of intent not to renew to the non - terminating party at least 60 days before the end of any annual term. Unless sooner terminated, at the conclusion of the initial term and any renewal terms of this Agreement, the parties shall mutually discuss (i) the necessity of further renewals of this Agreement, (ii) Permittee's option to remove and/or relocate the Wastewater Line, or (iii) other options, such as acquisition of the Wastewater Line. C. This Agreement may not be assigned by Permittee without the City Manager's prior written consent. D. The Permittee shall acquire and maintain at all times for the term of this Agreement insurance coverage pertaining to the Use Privilege Area granted under this Agreement and the activities authorized by this Agreement. The types of required insurance coverages must be in the minimum amounts set forth in the attached Exhibit "C," the substantive content of Exhibit "C" being incorporated by reference into this Agreement as if fully set out here in its entirety. The insurance policies must name the City as an additional insured and may not be canceled, renewed, or materially changed by Permittee unless at least ten (10) days advance written notice has been provided to the City. Upon the City Manager's written request, Permittee shall provide copies of all requested insurance policies to the City's City Attorney. E. Should construction be deemed necessary by Permittee in the Use Privilege Area, construction plans and specifications for all proposed work shall be submitted in advance by the Permittee to the City's City Engineer for approval prior to beginning the construction process. The plans must show the depth, and location of the proposed construction and distance from existing water, storm water, wastewater, and gas lines. The Permittee shall also comply with any other laws, rules, regulations, and ordinances applicable to construction in the City and in the public right -of -way, including obtaining all required permits. F. Prior to the start of any approved construction, Permittee shall require every contractor and subcontractor to provide a Certificate of Insurance reflecting insurance in coverage amounts as set forth in Exhibit "C." Additionally, Permittee shall require their contractors and subcontractors to indemnify the City, its officers, officials, employees, representatives, agents, licensees, and invitees in the same manner that Permittee has provided indemnification to the City pursuant to this Agreement. G. Permittee shall provide all necessary and proper safety devices so as to prevent injuries or accidents in the Use Privilege Area, in as much as possible. H. At least 48 hours prior to beginning any approved construction, Permittee shall contact 1 -800- DIG -TESS and the Lone Star Notification Center (1 -800- 669- 8344), and any other required agency or authority. Additionally, at least 48 hours prior to beginning any approved construction, Permittee shall give notice and verify depth and location of communication lines or communication fiber optic cables, whichever is applicable, to the following: UPA CCISD RMHS Softball Field vFinal 20130422 Page 2 of 7 • City Utility Departments, including Water, Storm water, Wastewater and Gas; • American Electric Power (AEP); • American Telephone and Telegraph (AT &T); • CenturyTel; • Time Warner; • Grande Communications; and • Any and all other certified telecommunications providers. A City inspector may request a utility line be uncovered to verity its depth or location. Any construction process and use of the Use Privilege Area by Permittee shall not interfere with the construction, installation, operation, maintenance, repair, removal or replacement by the City or any of its agents, contractors, or franchisees of any existing or future proposed sidewalks, utility lines, or other uses. If the City or any franchisee with utilities currently located in said public right -of -way needs access to the right -of -way, Permittee shall pay for removing or relocating the Private 2 -inch PVC Wastewater Force Main in the Use Privilege Area to allow access to utility lines for maintenance, repair, removal, or replacement of the utility lines. The Permittee shall repair the Use Privilege Area to its original condition or cease to use the Use Privilege Area, at which time this AGREEMENT terminates immediately. J. Traffic Engineer requirements pertaining to this Agreement, if applicable in context: 1. At least 48 hours prior to commencing any approved construction, the Permittee shall file and obtain approval for a traffic control plan with the City's Traffic Engineer. No closure or barricading of a public right -of -way or any portion of a public right -of -way may occur before approval of the traffic control plan and, if applicable, approval of a detour or barricade plan has been obtained from the City's Traffic Engineer. 2. Should Permittee require a trench, pit, or similar excavation be dug during approved construction, the Permittee shall file and obtain approval for barricading said trench, pit, or excavation in accordance with the Texas Manual on Uniform Traffic Control Devices from the City's Traffic Engineer. [See paragraph "P" of this Agreement for additional requirements regarding trenches, pits and similar excavations.] K. If, as determined by the City Manager, damage occurs to any gas, water, storm water, or wastewater line, Permittee shall allow the City immediate access to the Use Privilege Area to perform an assessment, make repairs, or take any other action deemed necessary by the City. Determination of the extent of damage and repairs necessary to restore the utility line(s) shall be made by the City Manager. All costs of the City associated with said damage UPA CCISD RMHS Softball Field YFinal 20130422 Page 3 of 7 and repair, including labor and materials, shall be paid by Permittee within 30 days of the City's invoice. L. Should construction become necessary near existing water or wastewater lines, Permittee shall take every precaution not to disturb the soil surrounding any such lines, including all thrust blocks. M. If any approved work is conducted near any existing water main, it shall be done under the inspection of a City inspector at a daily rate of three- hundred ten dollars and thirty -five cents ($310.35) for each day spent inspecting construction, installation, maintenance, repair, removal, or replacement in the Use Privilege Area. A half -day, being four hours or more of work time by the City inspector, constitutes a whole working day for purposes of calculation. Any time in excess of eight hours a day, or on Saturday, Sunday or holidays, shall be calculated at a daily rate of fifty -eight dollars and eighteen cents ($58.18) per hour. Any assessed inspection fees shall be paid by the Permittee to the appropriate City department within 30 days of the City's invoice. These amounts will be adjusted annually each year on August 1 to reflect any pay increases that may be attributable to the rates charged. N. The parties acknowledge that the Wastewater Line is not owned by the City. At any and all times Permittee shall be solely responsible for the repair and maintenance of the Wastewater Line and Use Privilege Area, including any costs associated with damage occurring due to natural weather elementstoccurrences or man -made forces. Should damage occur to the Wastewater Line or Use Privilege Area, regardless of the type of damage, Permittee shall immediately repair the damage upon notice by the City. Failure to so repair terminates this Agreement immediately without any further action needed on the part of the City. Q. Permittee shall repair, or cause to be repaired, any damage to driveways, culverts, head walls, landscaping, sidewalks, curbs, gutters, and any other structure, public or private, resulting from or caused by reason of construction, installation, maintenance, repair, removal, replacement or operation of the Wastewater Line and Use Privilege Area. P. If a trench, pit, or other excavation is required during approved construction, no trenches, pits, or other excavation, other than bore pits, shall be left open overnight, except as specifically authorized by the City's Director of Development Services and City's Engineer. Bore pits are not allowed open for a period of longer than 14 calendar days, regardless of location. All trenches, pits, or other excavations, other than bore pits, shall be backfilled by the Permittee promptly and in accordance with current City standards and specifications and as per the City inspector's request. All trenches, pits, and other excavations, including bore pits, shall be barricaded by the Permittee in accordance with the Texas Manual on Uniform Traffic Control Devices and as approved by the City's Traffic Engineer. [See paragraph "J.2." for additional requirements pertaining to trenches, pits, and other excavations.] UPA CCIS❑ RMHS Softball Field VFinal 20130422 Page 4 of 7 Q. If backfilling becomes necessary, all backfill, specifically including that in and around existing utilities, shall be made by Permittee according to current City standards and specifications and as required by a City inspector. R. Use of the Wastewater Line authorized by this Agreement is strictly limited to providing restroom capabilities and service to the Roy Miller High School softball restroom and storage facility, located at 2602 Lipan Street, in the Use Privilege Area. Permittee shall not provide, nor permit anyone else to provide or receive, service through said Wastewater Line, or at any facilities within the City other than the building facilities specifically included in this Agreement without first obtaining a franchise or other required approval from the City. S. INDEMNIFICATION. Intentionally left blank. T. All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signatures. U. Unless otherwise stated in this Agreement, any notice required or permitted to be given under this Agreement must be in writing and sent by certified mail, return receipt requested to the following addresses: If to Permittee: Corpus Christi Independent School District 801 Leopard Street Corpus Christi, TX 78403 If to the City: City of Corpus Christi Attn: Director, Development Services Department P. O. Box 9277 Corpus Christi, TX 78469 -9277 Any party shall, by notice to the others in accordance with the provisions of this paragraph, specify a different address or addressee for notice purposes within 10 days of any address change. V. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created pursuant to this Agreement are performable in Nueces County, Texas. Venue for all actions arising from, out of, or related to this Agreement must be brought in Nueces County, Texas. W. The Permittee further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the "Disclosure of Interests" form attached to this Agreement as Exhibit "D." Completed versions of Exhibit "D" by the Permittee form a part of this Agreement and are incorporated by reference into this Agreement as if set out here in their entireties. UPIA CCISD RMHS Softball Field vFinal 20130422 Page 5 of 7 X. This instrument, including exhibits, constitutes the entire agreement between the City and the Permittee, and no prior written, oral, or contemporaneous promises, warranties, or representations shall be binding upon any parties, This Agreement may only be amended by written instrument signed by authorized representatives of the City and Permittee and approved as required by City law. Y, Any payments due by the Permittee pursuant to this Agreement will be made from current revenue available to the Permittee. EXECUTED IN TRIPLICATE this - day of 20 Approved as to legal form: T 14 —/ 1( V ------------- John J. Janssen General Counsel ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF NUECES § 114 This instrument was acknowledged before me on ri OM _, 2013, by Carol A. Scott, President, Board of Trustees, Corp7u�Xhristj Independent School District, a Texas public school district, on behalf of the district. NORMA L. HASKELL Notary PUbile STATE OF TEXAS My Comm, Exp, 07-1g-2015 IRA UPACCISO RMHS Softball Field vReyd Final recillned page 6 of! ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Ronald L. Olson City Secretary City Manager Approved as to legal form: 1 2013 Elizabeth Hundley Assistant City Attorney for the City Attorney STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2013, by Ronald L. Olson, City Manager of the City of Corpus Christi, a Texas Municipal Corporation, on behalf of said corporation. Notary Public's Signature UPA COSD RMHS Softball Field vFinal 20130422 Page 7 of 7 Use Privilege Agreement - 2" Private Wastewater Force Main on Lipan Street (CCISD RMHS Softball Fiela CC)- , rpU, S 11 ,- ADDRESS POINT (HTE) MAJOR STREET M= STREET NAME - MAJOR SHORELINE TO G OTHER; VMTER N + EXHIBIT A LOCATION MAP EX. CURB INLET STA, 0+29.0 RIM EL n 102A'- 45' SEND (RI) CAU7IONIIi 16" RCP EL EL 97.8• 6" OFF SIDEWALK GAS LINES I ; L CP 4 <F EXISTING 6" SET 60D NAIL !j . GAS LINES (a) EL - 102.72 I c (LOCAL CONTROL ESTABLISHED STA. 2 +97 - END 2" FM 1 W/ PREVIOUS TOPO SURVEY) PRIVATE LIFT STATION f : EX. 34' COX I (BY OTHERS) ( ; . CULVERT UNION ( I iI !.; _ 9.S' t 297 LF --• PROP. 2" SCH 80 OFF S.O.C. PVC MV FORCEMAIN £X. WW MANHOLE f rte. ,« 4" PVC SERVICE a RIM EL 102.35 iii R-�--1Mr:Vlf =nom a•tl1/ d_ IL EL 96.115 LIPAN STREET 6" vcP ET' m(s) a rB9,s is" OFF & +s — n• r _ ,_�. STA. 0 +00 INSTALL 45' BENDS (LT n . •+-0 - BEGIN 2" PVC E9RCEMAIN CONNECT TO EXISTING WWMH (SEE DETAIL 'A') CAUTIONI!! 2" FL (IN) - EL 97,88 GAS LINES B" IL (OUT) a EL 98.85 l - — 1 1. 1 " VC 4YW SERVIC OM OM F FI_ r,7_An HORIZONTAL SCALE VERTICAL. SCALE f f NwE5: 0 30' 8D' 128' 0 3 6 1 '' 1. CONTRACTOR SHALL FIELD VERIFY THE L OF ALL UTILITIES BOTH HORIZONTALLY AND EXISTING � � y ' • 's ' � +� VERTICALLY PRIOR TO COMMENCING CONSTRUCTION AND NOTIFY THE ENGINEER IMMEDIATELY AND iNSER� � 1 , MANHOLE ..... PRIOR TO COMMENCING CONSTRUCTION OF ANY % D, SCOTT ,PONES ! OBSERVED CONFLICTS OR DISCREPANCIES WITH 9D' VERT. /. « ...................... THE PLANS. BEND F L-97.65 /; '� 2. LIPAN ST. R.O.W. MUST BE VERIFIED IN THE FIELD /�00'.'A 81986 q w jo PRIOR TO COMMENCING CON5TRUCTION. err+ �L 3. ALL CONSTRUCTION SHALL BE IN COMPLIANCE WITH 3.' " "''' "1'' .� PROP. 4S' O &•., IST�,.��� 7. CITY STANDARDS AND SPECIFICATIONS. BEND @��5`� - 4. PROJECT COORDINATES AND DATUM ARE BASED ON 'A' r@ CP 4 SHOWN IN PLAN VIEW, DETAI �� I 'lt lE L REVISIONS IV engtnesring•u i 6 Ing mre MU rda xuH"f MILLER HIGH SCHOOL W ASTE W ATER SERVICE LINE PLAN AND PROFILE. 2" PVC WW FORCEMAIN EXHIBIT B EXISTING B" GAS LINES �a! STA END 2" PV ! I --. _ EXISTING 3.5' _.l_ -_. -.__.. 0 CL LIFT STATION (BY OTHERS) -- • -_ -- -. i..__. 104 BOX CULVERT UNION RIM EL =100.5 i02 I ( °) ? 4" FL (IN) -97.4 ( ! 2" FL OUT)R97 x . - - ...- - - __.. _. - 1 ...... .. ... 80170 . it M - _. -. 10fl EL-92.5± !rat r I >,.� NATURAL GROUND f '4`,� hU N D' 100 EXISTING 6 GAS LINE ( °) — - - _...... " _ I I j5�,f2r< •.. ,: ; .: ;`;, 287 LF - 2" _ _ -• _ I - -_- 45 VER BEND SCH rap PVC Ww FORCE , r1•r�ycl L___ -� S$ MAIN I EL EL - 98,0 I `.. 45« VERT. BEND i I P NATE LIFT 54.3# ' STA (S) + e 2 +91. f STATION BY 94 IN . _.._. -. .- ._.., -. _._,._....__.,.._.--- •--- _ -• -;- STALL 45 HORIZ, BE DS LT) -- --.... ...___OTHERS) I 2" FL EL -98,3# 9` ... r STA. 0 +29.0 UTILITIES SHOWN PER .. i �. 45 _.._ -... $ I ' VERT. BEAD 45 HDRIZ. SEND RT L W 94 RECORD DRAWINGS OF 92 $} ,31 TL EL 94.3* LIT?AI� STREET I _- �i. .: 0 1400 9 +m -- 3+ 00 /' HORIZONTAL SCALE VERTICAL. SCALE f f NwE5: 0 30' 8D' 128' 0 3 6 1 '' 1. CONTRACTOR SHALL FIELD VERIFY THE L OF ALL UTILITIES BOTH HORIZONTALLY AND EXISTING � � y ' • 's ' � +� VERTICALLY PRIOR TO COMMENCING CONSTRUCTION AND NOTIFY THE ENGINEER IMMEDIATELY AND iNSER� � 1 , MANHOLE ..... PRIOR TO COMMENCING CONSTRUCTION OF ANY % D, SCOTT ,PONES ! OBSERVED CONFLICTS OR DISCREPANCIES WITH 9D' VERT. /. « ...................... THE PLANS. BEND F L-97.65 /; '� 2. LIPAN ST. R.O.W. MUST BE VERIFIED IN THE FIELD /�00'.'A 81986 q w jo PRIOR TO COMMENCING CON5TRUCTION. err+ �L 3. ALL CONSTRUCTION SHALL BE IN COMPLIANCE WITH 3.' " "''' "1'' .� PROP. 4S' O &•., IST�,.��� 7. CITY STANDARDS AND SPECIFICATIONS. BEND @��5`� - 4. PROJECT COORDINATES AND DATUM ARE BASED ON 'A' r@ CP 4 SHOWN IN PLAN VIEW, DETAI �� I 'lt lE L REVISIONS IV engtnesring•u i 6 Ing mre MU rda xuH"f MILLER HIGH SCHOOL W ASTE W ATER SERVICE LINE PLAN AND PROFILE. 2" PVC WW FORCEMAIN EXHIBIT B EXHIBIT C INSURANCE REQUIREMENTS 1. PERMITTEE'S LIABILITY INSURANCE A. Permittee shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Permittee trust not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Permittee shall furnish to the Risk Manager or designee two (2) copies of Cedificates of insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be named as an additional insured for the General Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all Bodily injury and Property Damage certificates or by policy endorsement(s) Per Occurrence / aggregate Commercial General Liability including: I. Broad Form $1,000,000 Per Occurrence 2. Premises --, Operations $2,000,000 Aggregate 3. Products /Completed Operations Hazard 4. Contractual Liability 5. Broad Fonn Property Damage G. Independent Contractors 7. Underground IIazard (if applicable) BUSINESS AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit 1. Owned 2. Hired & Non -owned WORKERS' COMPENSATION _ WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSA'T'ION ACT AND PARAGRAPH II OF THIS EXHIBIT. EMPLOYER'S L IABILITY $500,000 / $500,000 / $500,000 C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. ]I. ADDITIONAL REQUIREMENTS A. Permittee must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. B. Perrnittee's financial integrity is of interest to the City; therefore, subject to Permittee's right to maintain reasonable deductibles in such ainounts as are approved by the City, Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Permittee's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification ofparticular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Permittee shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Permittee shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 Fax # (361) 826 -4555 D. Permittee agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions- 0 Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy ® Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; ® Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non- renewal or material change in coverage, anti not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Permittee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Permittee project should there be a lapse in coverage at ally 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 Permittee '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 Permittee to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonsirates compliance with the requirerrrents hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Permittee may be hold responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. 1-I. It is agreed that Permittee's insurance shall be deemed primary acid non - contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2013 CCISD Lift Station ins req. 2/22/2013 ds Risk Management. SUPPLIER NUNiI3L"R TO BE ASSIGN BYVfrY - - - ` PURCHASING DIVISION City of CITY OF CORPUS CHRISTI C h risti r i i sti Ch DISCLOSE F' INTERE City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following inforination. Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY w / • p, CITY: STATE„ ZIP: It? FIRM IS: 1. Corporation 2. Partnership 3. Sole 0vaier E 4, Association S. Other i "�L P olt — DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page oi attilch separate sheet. I . 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 acid City Department (if known) 2. State the narnos 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 1 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 I3oart1, 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 at) "ownership interest" constituting 3 %ir or more of the ownership in the above named "firm." Name Consultant FILING REQ[IIIREMENTS 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 writingg to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or emplo� yee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Fusses Ordinance Section 2 -349 (d)] EXHIBIT D 1 OF 2 CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have n knowing withhold disclosure cat' any information requested; and that sopplemontal statements will be promptly submitte the City of Corpus Christi, Texas as changes occur, Certifying Person: 9 ArrtJ & Title: ly t type or Print) Signature of Certifying Date: Pei-son: ArWINITIONS 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 oil 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-tim b but not as an independent contractor. 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, c. "Official." The Mayor, moinbors of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division [leads, and Municipal Court Judges of the City of Corpus Christi, 'Texas. f "Ownership Interest," Legal or equitable interest, whether actually or constructively hold, 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," 9. "Consultant," Any person or Firm, such as engineers and architects, hired by the City of Corpus Chri for the purpose of professional consultation and recommendation. EXHIBIT D 2 CIF Ordinance authorizing the City Manager to execute a use privilege agreement with the Corpus Christi Independent School District ( "Permittee ") to install, operate, maintain, and remove a private two - inch wastewater force main within the Lipan Street public right -of- way, subject to the Permittee's compliance with specified conditions. WHEREAS, the Corpus Christi Independent School District ( "Permittee ") desires to install, operate, maintain, repair, and remove a private two -inch PVC wastewater force main within the north side of the Lipan Street public right -of -way between the Permittee's property located at 2602 Lipan Street and the wastewater connection at Palm Drive; WHEREAS, the Permittee has requested, and the City of Corpus Christi ( "City ") desires to extend, a one -year use privilege agreement ( "Agreement "), renewable for four additional one -year terms, in order to accomplish the purpose and use intended by the Permittee within the public right -of -way; WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, May 14, 2013, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, in accordance with Article IX, Section 1, of the City Charter, the City Council authorizes the City Manager to enter into the Agreement for the benefit of the City and the Permittee, subject to the Permittee's compliance with the specified provisions of the Agreement. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee ( "City Manager"), is authorized to execute a one -year use privilege agreement ( "Agreement "), renewable for four additional one -year terms, with the Corpus Christi Independent School District ( "Permittee ") to allow the Permittee to install, operate, maintain, repair, and remove a private two -inch PVC wastewater force main within the north side of the Lipan Street public right -of -way between the Permittee's property and the wastewater connection at Palm Drive, such Agreement at all times subject to the Permittee's compliance with the conditions specified in the Agreement. A copy of the Agreement is attached to this ordinance as Exhibit 'A" the terms and content of such exhibit being incorporated by reference into this ordinance as if fully set out herein in its entirety. SECTION 2. The Agreement authorized in Section 1 of this ordinance is subject to the Permittee's compliance with the conditions of the Agreement including, but not limited to, the provisions specified below: 1. In exchange for the City's authorization for use of the public right -of -way by the Permittee for the stated purpose, the Permittee agrees to provide the City with an annual payment of $742.00. 2. The Permittee's use of the two -inch PVC wastewater force main is strictly limited to serving the Permittee's Roy Miller High School Softball Field restroom /storage facilities on Lipan Street. Permittee may not provide wastewater service through the force main to any facilities other than the facilities specified in this section nor may Permittee permit or allow anyone else to provide wastewater service or any other service through the force main to any facility whether owned by the Permittee or by another person or entity. 3. All costs incurred to install, operate, maintain, repair, and remove the two -inch PVC wastewater force main are the sole responsibility of the Permittee. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 20 ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor UPA CCISD RMHS Softball Field Ord vFinal 20130325 Page 2 of 2 151 rorfilllill�l K TO Ronald L. Olson, City Manager THROUGH: Wes Pierson, Assistant City Manager (361) 826-3082 wesp@cctexas.com -4 FROM: Mike Culbertson '1ZK67-- (361) 882-7448 mculbertson@ccredc.com Ordinance - Amendment to Type A agreement for Del Mar College Internship Pr 10riqinal Aqreement Passed 08/21/12) 1 Ordinance appropriating $;72,80;4.35 from the unreserved fund balance in the No. 1140 Business/Job; Development Fund for a small business incentives grant from the Corpus Christi Business and job Development Corporation ("Type A Corporation") to Del Mar College ("Del for an intern program to support small businesses; Changing the; FY 2012-2013 operating budget, adopted by Ordinance No. 029565, by increasing proposed expenditures by $72,804.35. lalla0am This will increase their original Type A grant of $173,223 for the Del Mar Internship program ir, 2012-2013 by $72,804.35. Del Mar College has a program where students can work for a local company as an intern. The local company will pay minimum wage while the Type A grant will match the wage. This encourages companies to hire interns, it allows the student to get real work experience, and has a goal to create new jobs. The Type A Board has funded this program since 2007. This year they have had an overwhelming response from small businesses for their interns. This increase will allow them to continue the program for the Summer semester. ALTERNATIVES: ®,.: 1 !!11 1111 111 1 Jill area and this also g ives the students necessary job train ing to help them to stay in Corpus Chri�sti. 11060 I 1 01 MONS A A I AMA 0 I Z TU Z 114 F-11 a I J, - i Operating o Revenue o Capital o Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS_ Line Item Budget Encumbered / IT Expended Amount This item 72,804,35 72,804.35 BALANCE 72,804.35 72,80435 9=8206■ - f' Staff recommends that the City Council authorize this increase in funding for this valuable program LIST OF SUPPORTING DOCUMENTS: Ord'inance Certification of Funds Amended Business Incentive Agreement Del Mar College Intern Program. Page 1 of 2 Ordinance Appropriating $72,804.35 from the unreserved fund balance in the No. 1140 Business /Job Development Fund for a small business incentives grant from the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") to Del Mar College ( "Del Mar ") for an intern program to support small businesses; Changing the FY 2012 -2013 operating budget, adopted by Ordinance No. 029565, by increasing proposed expenditures by $72,804.35. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $72,804.35 from the unreserved fund balance in the No. 1140 Business /Job Development Fund is appropriated for a small business incentives grant from the Type A Corporation to Del Mar for an intern program to support small businesses. SECTION 2. That Ordinance No. 029565, which adopted the FY 2012 -2013 Operating Fund, is amended to increase proposed expenditures in the No. 1140 Business /Job Development Fund by $72,804.35 for a small business incentive grant from the Type A Corporation to Del Mar for an intern program to support small businesses. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Nelda Martinez Mayor Corpus Christi, Texas of , 2013 �.�:�.�i►ra►�y�.za�w_0i 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 , 2013 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of 2013. That the foregoing ordinance was read for the second time and passed finally on this the day of , 2013 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of , 2013. ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor 1010 71►►G1►N1 :8IMIAAFW_'ri m sFre FIRST AMENDMENT TO THE SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND DEL MAR COLLEGE FOR AN INTERN PROGRAM TO SUPPORT SMALL BUSINESSES This First Amendment to the Small Business Incentives Agreement for ( "Amendment ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Corporation ") and Del Mar College ( "Del Mar"), a political subdivision of the State of Texas. WHEREAS, the Corporation and Del Mar entered into that certain Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College for an Intern Program to support small businesses, dated August 21, 2012 ( "Agreement "); WHEREAS, Del Mar has requested an additional $72,804.35 for the Intern Program to support small businesses; WHEREAS, the Corporation agrees that it is in the best interests of the residents of the City of Corpus Christi to provide the additional funding requested by Del Mar; NOW, THEREFORE, in consideration of the covenants, promises, and conditions stated in this Amendment, the Corporation and Del Mar agree as follows: 1. The effective date of this Amendment is the latest date that either party executes this Amendment. 2. Section 3 of the Agreement is hereby amended by amending subsection a to read as follows: a. The Corporation will grant Del Mar an incentive of up to One Hundred Seventy Three Thousand Two Hundred Twenty Three Dollars ($246,027.35), which must be used to fund one half of the salary of up to a total of 110 interns during the Fall Semester of 2012, Spring Semester of 2013, and Summer Session in 2013, and the entire salary on two interns hired to help administer the program during the Fall and Spring Semesters and Summer Session. The interns will be paid twice the minimum wage, while participating in Del Mar's Small Business Employer Intern Program. 3. This Amendment embodies the entire agreement between the Corporation and Del Mar with respect to the amendment of the Agreement. In the event of any conflict or inconsistency between the provisions of this Amendment and the Agreement, the provisions of this Amendment shall control. 4. Except as specifically modified and amended herein, all other terms, provisions, requirements, and specifications contained in the Agreement shall remain in full force and effect. 5. This Amendment shall be governed by the laws of the State of Texas. Page 1 of 2 CORPUS CHRISTI BUSINESS & JOB DEVELOPMENT CORPORATION By: Date: Robert Tamez President Attest: By: Armando Chapa Secretary DEL MAR COLLEGE By: M Escamilla, Ph.D. President Date: THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on � rl 1 c� 3 , 2013, by Mark Escamilla, Ph.D., as President of Del Mar College, a political subdivision of the State of Texas, on behalf of the college. JESSICA ANN ALMN Z _ 4 Notary Public, State t Texas N ary Public *, 'I My Commission Expires State of Texas 07/16/2016 Page 2of2 1pjjj� - * $ ? TO: Ronald L. Olson, City Manager THROUGH: Wes Pierson, Assistant City Manager (361) 826-3082 wesp@cctexas.com FROM- Mike Culbertsop� (361) 882-7448 mculbertson@ccre, Ordinance - Amendment to Type A agreement for Texas A&M University — Corpus Christi Internshio Proaram (Orininall Acireement Passed 08/21/12) W-Ailfl Ordinance appropriating $35,060 from the unreserved fund balance in the No. 1140 Business/Job Development Fund for a small business incentives grant from the Corpus Christi Business and Job Development Corporation ("Type A Corporation") to Texas A&M University — Corpus Christi ("TAMU-CC") for an intern program to support small businesses Changing the FY 2012-2013 operatling budget, adopted by Ordinance No. 029565, by increasing proposed expenditures by $35;,060. This will increase their original Type A grant of $190,635 for the TAMU-CC Internship program in 2012-2013 by $35,060. I TAMU-CC has a program where students can work for a local company as an intern. The local company will pay minimum wage while the Type A grant will match the wage. This encourages companies to hire interns, it allows the student to get real work experience, and has a goal to create new jobs. The Type A Board has funded this program since 2007. They a $190,635 to fund 105 intern positions. This year they have had an overwhelming response from small businesses for their interns. This increase will allow them to continue the program for the Summer semester. 'I I I i I i I � I i I !I I 1 I Iff I � I I I i pi I 1 11 KINAMPUM By helping students get intern positions companies can see what young talent is already in our area and this also gives the students necessary job training to help them to stay in Corpus Christi. This project is consistent with the City's stated goals of promoting economic development aLVW' helping small businesses thrive in Corpus Christi. a III Y- lei -q 1 1 ZM o Operating o Revenue o Capital o Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS_ Line Item Budget Encumbered / Expended Amount This item 35,060 35,060 BALANCE 35,0601 35 nsn Page 1 of 2 Ordinance Appropriating $35,060 from the unreserved fund balance in the No. 1140 Business /Job Development Fund for a small business incentives grant from the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") to Texas A &M University — Corpus Christi ( "TAMU -CC ") for an intern program to support small businesses; Changing the FY 2012 -2013 operating budget, adopted by Ordinance No. 029565, by increasing proposed expenditures by $35,060. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $35,060 from the unreserved fund balance in the No. 1140 Business /Job Development Fund is appropriated for a small business incentives grant from the Type A Corporation to TAMU -CC for an intern program to support small businesses. SECTION 2. That Ordinance No. 029565, which adopted the FY 2012 -2013 Operating Fund, is amended to increase proposed expenditures in the No. 1140 Business /Job Development Fund by $35,060 for a small business incentive grant from the Type A Corporation to TAMU -CC for an intern program to support small businesses. ATTEST: Armando Chapa City Secretary Corpus Christi, Texas of , 2013 THE CITY OF CORPUS CHRISTI Nelda Martinez Mayor 101V Q 1► /G1►[N arGldil1aKW - 10Mrs 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 , 2013 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of 2013. That the foregoing ordinance was read for the second time and passed finally on this the day of , 2013 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of , 2013. ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor �.�:�.�i►ra►�y�raw��aKy_00 W M-11, 1 114M 111 Wlt MOM: I I L -10 9kTj:6 This First Amendment to the Small Business Incentives Agreement for ("Amendment") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and Texas A & M University -- Corpus Christi, a Texas institution of higher education WHEREAS, TAMU-CC, has requested an additional $35,060.00 for the Intern Program to support small businesses; WHEREAS, the Corporation agrees that it is in the best interests of the residents of the City of Corpus Christi to provide the additional funding requested by TAMU-CC; NOW, THEREFORE, in consideration of the covenants, promises, and conditions stated in this Amendment, the Corporation and TAMU-CC agree as follows: 1 , The effective date of this Amendment is the latest date that either party executes this Amendment, 2, Section 3 of the Agreement is hereby amended by amending subsection a to read as follows a. The Corporation will grant TAMU-CC an incentive of up to One Hundred Ninety Thousand Six Hundred Thirty Five Dollars ($225,695.00), which must be used to fund one half of the salary of up to a total of 105 interns during the Fall Semester of 2012, Spring Semester of 2013, and Summer Session! in 2013, and the entire salary on an intern hired to help administer the program during the Fall and Spring Semesters and Summer Session. The interns will be paid twice the minimum wage, while participating in TAMU-CCs Small Business; Employer Intern Program. 3i This Amendment embodies the entire agreement between the Corporation and TAMU- CC with respect to the amendment of the Agreement. In the event of any conflict or this Amendment shall control. 4. Except as speccally moded and amended herein, all other terms, provision; requirements, and specifications contained in the Agreement shall remain in full force a effect. 5. This Amendment shall be governed by the laws of the State of Texas. , Mv WIN W n. By: Robert Tamez President Date: Attest: By: Armando Chapa Assistant Secretary Texas A & M Univ! sity — Corpus Christi p By: IN fientes - .64!4' , Commercialization & Outreaci- Date: I ct ff 911AWTMAUOYAHAMI�q T14L kl 0 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of 5/14/2013 852 Second Reading Ordinance for the City Council Meeting of 5/28/2013 DATE: 4/29/2013 TO: Ronald L. Olson, City Manager FROM: Peter Davidson, Marina Superintendent PeterD @cctexas.com 826 -3980 An Ordinance authorizing a onetime "Texas Coastal Boating & Saltwater Expo" which will bring visitors from Texas and other areas to the Corpus Christi Bayfront for a spectacular weekend. CAPTION Ordinance authorizing the City Manager or designee to execute agreement with Costa Productions, L.L.C. for use of portions of Lawrence Street T -head from July 8, 2013 through July 15, 2013 for a boat show event. PURPOSE: A four day outdoor Boat and Fishing Expo. located on the Lawrence Street T -Head designed to educate while entertaining, providing thrills, laughter as well as vaualble information on fishing and boating including the latest designs. Boating, fishing and product vendors will be at the show to answer questions and provide information on the latest watercraft, accessories and fishing gear. This onetime event if successful will be considered by the promoters for additional years. BACKGROUND AND FINDINGS Costa Productions, LLC, producer of the Texas Coastal Boating & Saltwater Expo, combines almost 60 years experience in the marine boating business of Gulf Coast Marine, with over 20 years in advertising, publishing and promotions of Costa Media Texas, to produce this much anticipated, well- suited event on the Corpus Christi Bayfront. ALTERNATIVES None OTHER CONSIDERATIONS Not applicable CONFORMITY TO CITY POLICY Conforms to City Policy EMERGENCY / NON - EMERGENCY Non - emergency DEPARTMENTAL CLEARANCES Not applicable FINANCIAL IMPACT ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount Bayfront Revenue $8,000.00 $8,000.00 BALANCE $8,000.00 $8,000.00 Fund(s): Comments: Budgeted $8,000 bayfront revenue to Marina Enterprise fund (323000- 4700 - 35300) RECOMMENDATION City staff approve of the "Texas Coastal Boating & Saltwater Expo" which will bring visitors from Texas and other areas to the Corpus Christi Bayfront for a spectacular weekend at the Marina. LIST OF SUPPORTING DOCUMENTS Ordinance Lease agreement Ordinance authorizing the City Manager or designee to execute agreement with Costa Productions, L.L.C. for use of portions of Lawrence Street T -head from July 8, 2013 through July 15, 2013 for a boat show event. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or his designee is authorized to execute an agreement with Costa Productions, L.L.C. for use of portions of Lawrence Street T -head from July 8, 2013 through July 15, 2013 for a boat show event. Costa Productions shall pay the City $8,000 for use of the Lawrence Street T -head for the event. A copy of the Agreement is on file with the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 7 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor �-M :V 4 0F LEASE AGAEEMEIIT BET;':EEA TAE CITTVF CUR 115 GARISTI AND COSTA PRODUCTIONS, LLC (A) 8 Days in July 2013 This Lease is for a term of eight (8) days, beginning on July 8, 2013 at 12:01 p.m, Lessee shall be entitled to non-exclusive use, for the purpose of set-up and take-down preparations of the Premises for a period of eight (8) consecutive days, from July 8, 2013 at 12:01 p.m. through July 15, 2013 at 8:00 p.m.; and to the exclusive use of said Premises for a period of up to four (4) days from July 11, 2013 at 6:00 am through July 14, 2013 at 8:00 p.m. The use periods are also identified in Exhibil B. (C) This Lease does not include the Boaters Facility or parking lots adjacent to the Boaters facility. Use of any of these facilities will be covered under a separate agreement, that is execute4 between the City and Lessee, if this use is determined to be necessary by Lessee. Section 4 Other Areas; Other Use of Premises. (♦) Requests by Lessee for use of additional City-owned areas requires prior written approval from the Marina Superintendent. (B) No concession stand, ride, or other apparatus connected with the Event may be placed in or on the shrubbery areas without the prior written permission of the Marina Superintendent. Section 6 Event Layout Diagram. At least two weeks prior to the Event, Lessee • Lessee's Agent must provide the Marina Superintendent with a detailed diagram showing the final Event layout and including all related activities. Layout of the Event is subject to the approval of the Marina Superintendent. Section 6 Rental Fees. (A) For use of the Marina, Lessee must pay to Marina rental fees of Eight thousand dollars ($8,000.00) Iloilo (C) If there is a hurricane or other tropical storm occurrence in the local vicinity that eliminates the Event the City Manager is authorized to adjust the billing of the City's actual and direct costs. (D) The City's actual and direct costs, incurred in assisting with the Event, may include, but are n•l limited to, the following: (1) Damages: Damage to City property as a result of the Event will be billed to Lessee at the cost of repair. Lessee will first be given an opportunity to repair any damage and restore damaged item, premises, or structure to the condition in which Lessee received it. (2) Clean Up and Litter Removal: Costs of labor contracted for clean-up during and after the Event, including any additional clean-up that is required by the Directors of relevant City departments at the conclusion of the Event, at applicable City rates for the year billed. Lessee will be given the opportunity to hire and work its own clean-up crew to perform cle-I up services and litter removal during and after the Event; (4) Costs for all Marina utilities, including but not limited to electricity, water, and sewage 0 af disposal services, used by exhibitor boats at Marina and not paid for by exhibitors be o Eveat is over. (5) Costs for all Marina utilities, including but not limited to electricity, water, and sewage disposal services, used by Lessee or Lessee's agents at Marina and not paid for by Lessee or Lessee's agents before Event is over. (G) Costs for any other services requested by Lessee or Lessee's Agent and provided by the City. (A) Lessee shall provide emergency contact numbers to the City's Marina Superintendent at least one week in advance of the Event. tissee s A, - 7 , A11,75i InnaLaTie MeM51FIS Ue�'e[Tle HaIVIXIall gent rrraj, exposure. Section 14 Rest Rooms; First Aid; Drinking Water. Lessee shall provide functional and sanitary iNortable restrooms inclu in&, r stro by_r_�III withintecia n, -tpetinns with drinkin water, in both the viewing area of the Premises and on the Lawrence Street T-Head in the Marina. All of the aforementioned items shall be provided throughout the duration of the Event. Section 15 Additional Security. Lessee must separately contract and pay for any additional security, such as daily pre and post-Event public viewing hours and night watch security, that Lessee deems necessary in the crane and patrol boat dock areas. If this security is provided by City's Police Officers, the expense will be billed to Lessee as an actual and direct cost in accordance with Section 6 of this Lease. # �...: MWE=7 (A) The Marina Superintendent shall provide Lessee's Agent with a list of damages, if any, to City property located on the Premises within two (2) working days after the close of the Event. Lessee shall restore all items on that list to their condition prior to the Event, to the satisfaction of the City's Director of Engineering, within three (3) working days of receipt of the list. (B) If Lessee fails to restore all items on the list, the Marina Superintendent may do so, or may cause the same to be done, and will bill Lessee for the restoration as an actual and direct cost, as set oull in Section 6 of this Lease. M- T (A) The clean-up must be performed hourly and immediately after closing the Event each day. All trash cleaned up must be property deposited in trash bags provided by Lessee and taken to a location designated by Lessee. (B) Lessee may hire and work its own clean-up crew during and after the Event. If the Marina Superintendent determines that additional clean-up is necessary, Marina Superintendent will give Lessee or Lessee's Agent two (2) hours notice to increase services and if, after the expiration of th4 response time, the work remains unsatisfactory, the Marina Superintendent may authorize the use of City workers, and the cost for the labor provided by the City's clean-up workers shall be billed to Lessee as an actual and direct cost pursuant to Section 6 of this Lease. Section 23 Storm Water Inlet Screens. Lessee shall, at its sole cost and expense, install screens, approved by the City's Storm Water Utility Division, across all storm water inlets on the Lawrence Street T-Head and within any closed streets in the Premises prior to the beginning of the exclusive use period of this Lease. Lessee shall ensure that drainage is not blocked or impeded by the placement of the i,creens. Lessee shall remove the screens within the non-exclusive use period after the close of the Event, However, Lessee must remove screens (along with any trash that has accumulated over the c-creens) immediately if heavy rain is imminent, or upon the direction of the Stormwater Superintendent or iesignee. Section 38 Agreement between Parties. This Lease is between the City and Lessee for the purpose of described herein and is not for the benefit of any third party or individual. Section 39 City Services Subject to Appropriation. Lessee recognizes that the services agreed to be provided by the City, pursuant to this Lease, are subject to the City's annual budget approval and appropriation process. The continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 of each year, is subject to appropriations and budget approval. The City does not represent that the expenditures required by the City for the provision of services required b FW I - UTO year, then City may terminate this Lease, without recourse by Lessee, only at the end of the current applicable fiscal year. Section 40 Compliance with Laws �M 0 OM I I Wi NMI Irllefl* W AJOTI*e 101 a UVIIAllele Ille—,I1115 *1 L1115 Lez&��V terms, conditions, promises, and covenants relating to Lessee's operations and the Premises to be use#' in the operations that are the subject of this Lease. SIGNED IN DUPLICATE, each of which shall be considered an original, on this the day of ' 2011 Kit] ill�illillilli�ililillillillill�illiip I i asnma��� This instrument was acknowledged before me on , 2013, by Ronald L. Olson, or his designee, , City Manager of the City • Corpus Christi, a Texas home-rule municipal corporation, • behalf • said corporation. L*��� Signature: Ofb W, 11v Printed Name: Alexandra Holmes Title 0 1-ny-) 0 (Jck___ J Date: l3 STATE OF TEXAS COUNTY OF D N Wc JAMES I A N'o! 3i Ote of Texas Expites 2016 Commission expires: _'O'�/�--'-; EXHIBIT A - PREMISES PAGE 13/16 tA ggs�� TEXAS COASTAL BOATING & SALTWATER EXPO YEAR NON-EXCLUSIVE USE PERIODS 4 DAY EXCLUSIVE USE PERIODS 2013 12:01 p.m. Monday, July 8, 2013 6:00 a,m. Thursday, July 11, 2013 thru 8:00 p.m. Monday July 15, 2013 thru 8:00 p.m. Sunday July 14, 2013 A. Lessee must not commence work under this Lease until all insurance required herein has be© obtained and such insurance has been approved by the City. The Lessee must not allow any subcontractor to commenct work until all similar insurance required of the subcontractor has ,- «•,f nine 9. Lessee must furnish to the Risk Manager, two (2) copies of Certificates of Insurance, showing the followiry minimum coverage by insurance company( ) acceptable to the ®» Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. »x+242: INSURANCE Bodily Injury and Property Damage LIQUOR LIABILITY 1. Vendors providing and/ or selling alcohol AUTOMOBILE LIABILITY -- Owned, Non-owned or renteii, vehicles Required if Lessee employs » » « «. other than himself/herself: COMPENSATION ACT AND PARAGRAPH 11 OF THIS EXHIBIT I ACCIDENT POLICY FOR VOLUNTEERS 1 $5,000 MEDICAL PAYMENTS per PERSON i «0,000D TH or DISMEMBERMENT per PERSON ©, event of accidents of any kind, Lessee must furnish the Risk Manager with copies of all reports of such 2.ccidents within to (10) days of the accident. International Yacht & Jet Plane Show ins. req. 12-16-05ep Risk Mgmt A. Lessee must obtain workers' compensation coverage through a licensed insurance company obtained in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to ensure that all workers' compensation obligations incurred by the Lessee will be promptly met. The City of Corpus Christi must be named as an additional insured on the liabil q1 coverage, Compensation coverage and a blanket waiver • subrogation is required on all applicable policies. 0 If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the words, "endeavor to" and deleting the wording after "Ieft". In lieu of modification of the ACORD requirements are mandatory. fhe name of the event, including exact dates including move-in and move out , tates shall be shown under the Description • Operations/ Locations / Vehicles/ Special Items, At a minimum, a 30-day written notice to the Risk Manager and Parks and Recreation Director • material change, non-renewal, termination or cancellation is required, C. If the Certificate of Insurance does not show on its face the existence of the coverage required by items 1.13 (1)-(7), an authorized representative of the insurance company must include a letter specifically stating whether items I. B. (1)-(7) are included or excluded. Texas Coastal Boating & Saltwater Expo req. 3-16-13 Risk Mgmt JALegislativeBills\L1SA\2013 Marina\Boat Show 2013 Costa Productions V2 Clean Doc.doc Cy AGENDA MEMORANDUM oPOa E O Future Item for the City Council Meeting of May 14, 2013 1852 Action Item for the City Council Meeting of May 28, 2013 DATE: May 14, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mike cctexas.com (361) 826 -3169 Floyd Simpson, Chief of Police flogs cctexas.co (361) 886 -2604 Purchase of Police Motorcycles CAPTION Motion approving the purchase of six (6) police motorcycles from GRAMB, Inc. dba Corpus Christi CyclePlaza, Corpus Christi, Texas in accordance with Request For Proposal No. BI- 0087-13 based on best value for an estimated expenditure of $163,386.00, of which $149,886.00 is required for the remainder of FY 2012 -2013. Funding is available in the FY 2012 -2013 Capital Outlay Budget. PURPOSE: The motorcycles will be used by Police Officers of the Traffic Division to enhance traffic safety. BACKGROUND AND FINDINGS In addition to supplying the motorcycles, the Contractor will provide routine maintenance on the motorcycles to assure the units are functional, operational and available for use for the officers. ALTERNATIVES Not applicable. OTHER CONSIDERATIONS Firm fixed pricing was requested for the motorcycles and four years of service maintenance. When considering the four -year life cycle cost of these units, GRAMB, Inc.'s cost is $203,886.00 and Corpus Christi Cycle Sports, Inc.'s cost is $202,915.76. Additionally, with this procurement the Corpus Christi Police Department is standardizing on the Victory motorcycles recommended for award herein. CONFORMITY TO CITY POLICY This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON - EMERGENCY Non - emergency. DEPARTMENTAL CLEARANCES Police Department. FINANCIAL IMPACT ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $300,000.00 $13,500.00 $313,500.00 Encumbered / Expended Amount $128,551.20 $0 $128,551.20 This item $149,886.00 $13,500.00 $163,386.00 BALANCE $21 $21 Fund(s): Crime Control Fund, Red Light Photo Enforcement Fund Comments: The $149,886.00 financial impact shown above represents the expenditure that will be encumbered through the end of this fiscal year. The remaining $13,500.00 for the twelve (12) months of the service agreement will be requested for next fiscal year during the normal FY 2013 -2014 budget process. RECOMMENDATION Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS Evaluation Matrix Service Agreement CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GERALD GOODWIN EVALUATION MATRIX RFP NO. BI- 0087 -13 POLICE MOTORCYCLES GRAMB, Inc. dba Corpus Christi CyclePlaza 3.3 Proposal Data Sheet (35 %) 33.60 3.4 Proposer's Profile & Qualifications (25 %) 17.50 3.5 Pricing (35 %) 34.80 (1) 3.6 Exceptions (5 %) 4.25 TOTAL: 90.15 PRODUCT COST PLUS 1 YEAR MAINTENANCE: $163,386.00 Corpus Christi Cycle Sports, Inc. dba Corpus Christi Harley Davidson 62.00 $146,390.76 (1) This score is calculated based on the cost of the motorcycles and four years of service maintenance; that being $203,886.00 for GRAMB, Inc. dba Corpus Christi CyclePlaza and $202,919.76 for Corpus Christi Cycle Sports, Inc. dba Corpus Christi Harley Davidson. 17.50 9.50 35.00 0.00 SERVICE AGREEMENT No. THIS SERVICE AGREEMENT (this "Agreement ") is entered into by and between Corpus Christi CyclePlaz4 (the "Contractor ") and the City of Corpus Christi, a Texas home -rule municipal corporation (the "City ") effective for all purposes upon execution by the City Manager or designee (the "City Manager "). WHEREAS Contractor has proposed to provide POLICE MOTORCYCLE MAINTENANCE SERVICES in response to Request for Proposal No. 81- 0087 -13, which is incorporated by reference and attached hereto as Exhibit A; and WHEREAS the City has determined Contractor to be the most advantageous Proposer; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide POLICE MOTORCYCLE MAINTENANCE SERVICES in accordance with Request for Proposal No. BI- 0087 -13, which is incorporated by reference and attached hereto as Exhibit A. 2. Fee for Services. The City agrees to pay the Contractor the mutually agreed upon fees as follows: $13,500.00 per year. Fees are fixed and firm for the duration of the contract. 3. Term. This Agreement commences on the date signed by the last signatory and shall continue for one (1) year and includes three (3) automatic one -year extensions, subject to the approval of the Contractor and the City Manager or designee ( "City Manager ".) 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. All of Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the TRAFFIC DIVISION CAPTAIN. 5. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will fiirnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of Contractor be considered an employee of the City. 6. Insurance. Before activities can begin under this Agreement, Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages to the Contract Administrator. Additionally, the Certificate must state that the Contract Administrator will be given at least thirty (30) days' advance written notice of cancellation, material change in the coverages, or intent not to renew any of the policies by certified mail, The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within. fifteen (15) days of the City Manager's written request. Insurance requirements are incorporated herein in Request for Proposal No. BI- 0087 -13, which is incorporated herein as Exhibit A, and may be revised annually by the City Manager upon thirty (30) days' advance written notice to Contractor. 7. Assignment. No assignment of this Agreement or any right or interest therein by Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City, 8. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 annually, is subject to appropriations and budget approval providing for such contract item as an expenditure in that budget. The City does not represent that the budget item for this agreement will be actually adopted, since that determination is within the sole discretion of the City Council at the time of adoption of each budget. 9. Waiver. No waiver of any breach of any terra or condition of this Agreement or Contractor's bid offer to Request for Proposal No. 81- 0087 -13 waives any subsequent breach of the same. 10. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws, rules and regulations. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas and the venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 11. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, Contractor must obtain prior written approval from the !CQntract AdMinistraJgr In using subcontractors, Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 12. Amendments. This Agreement may be amended only by written agreement signed by duly authorized representatives of the parties hereto. 13. Termination. The City Manager may terminate this Agreement for Contractor's failure __.._____._._tn .tie_ser _ cnecifiPA ,n_ _Prns�nR _Nn__- R MRZ13 insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give Contractor at least 5 work -days' advance 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. Alternatively, City may terminate this Agreement, with or without cause, upon twenty (20) days' advance written notice to Contractor. However, City may terminate this Agreement on 24- hours' advance written notice to Contractor for failure to pay or provide proof of payment of taxes as set out in Section 14 of this Agreement. 14. Taxes. Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Circular E Employer's Tax Guide, publication 15, as it may be amended. Contractor must provide proof of payment of these taxes within thirty (30) days after City Manager's written request therefore. Failure to pay or provide proof of payment is grounds for the City Manager to terminate this Agreement after providing 24 hours' advance written notice to Contractor. 15. Drug Policy. Contractor must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy. 16. Violence Policy. Contractor must adopt a Violence in the Workplace policy that substantially conforms to the City's policy. 17. Notice. Notice may 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 deposit in the U.S. Mail, if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Traffic Division Captain P.O. Box 9277 Corpus Christi, Texas 78469 9277 IF TO CONTRACTOR: Contractor Name: Corpus Christi CyclePlaza Contact Person: Matt Werkhoven Address: 2937 SPID City, State, Zip: Corpus Christi TX 78415- 18. Month -to -Month Extension. If the City has not completed the procurement process and awarded a new POLICE MOTORCYCLE MAINTENANCE SERVICES contract upon the expiration of this Agreement, then Contractor must continue to provide services under this Agreement, at its then - current fee under the term of this Agreement, on a month -to -month basis until a new contract is awarded by Council. This Agreement automatically expires on the effective date of a a.7A_ - _ - .A_ .1.,u.. _ 4 - _, - fl .] .r a+. -- -- - " �.' �c - — 41s,�-- -_.fCc 1i3.:�... •# aa. —� �L .. . - --- zudd, ulti . - d. iadi' �6 — Y�su �,eJ:.yG.Y a�.E.E.__vr.����i�l.�� - vi efla _.� ibG.e.�. _lt• t. vy _... contract to Contractor. 19. Indemnification. PROPOSER SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ( 4 1NDEMNITEES ") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF 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 THE CONTRACT OR THE PERFORMANCE OF THE CONTRACT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. PROPOSER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF PROPOSER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THE CONTRACT. 20. Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or 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 thereof had been omitted. SIGNED this 11k day of Aoc; , 20 Title: MaVICI CITY OF CORPUS CHRISTI Michael Barrera Date Assistant Director of Financial Services Incorporated by Reference: Exhibit A: Request for Proposal No. BI- 0087 -13 Exhibit B: Proposer's Proposal, as clarified via clarification questions and responses Name: N'iA-f* We ( K v%0v U E i7ibl 1 DATE: May 14, 2013 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 14, 2013 Action Item for the City Council Meeting of May 28, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mie cctexas.com 361- 826 -3169 Foster Crowell, Director of Wastewater Operations fosterc cctexas.com 361- 826 -1801 Supply Agreement for Sludge Dewatering Polymer CAPTION Motion approving a supply agreement with Polydyne Inc., Riceboro, Georgia for sludge dewatering polymer to be used at the wastewater treatment plants in accordance with Bid Invitation No. BI -0133- 13, based on only bid for an estimated twelve month expenditure of $162,958.00 of which $40,739.50 is required for FY 2012 -2013. The term of the contract will be for twelve months with option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or designee. Funds are available in the Wastewater Operating Budget in FY 2012 -2013. PURPOSE: This chemical will be used by the Wastewater Department to remove water from sludge. BACKGROUND AND FINDINGS Not applicable. ALTERNATIVES Not applicable. OTHER CONSIDERATIONS Technical specifications require samples to be treated at each of the Wastewater Treatment Plants prior to bidding on this contract. This process assures the polymer will work as required. This requirement along with the specialized nature of the polymer limits the number of bidders that can participate in the bidding process. CONFORMITY TO CITY POLICY This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY/ NON - EMERGENCY Non - Emergency. DEPARTMENTALCLEARANCES Wastewater Department FINANCIAL IMPACT X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,643,974.06 $122,218.50 $1,766,192.56 Encumbered / Expended Amount $1,129,010.95 $1,129,010.95 This item $40,739.50 $122,218.50 $162,958.00 BALANCE $474,223.61 $474,223.61 Fund(s): Wastewater Funds Comments: The $40,739.50 financial impact shown above represents three months of expenditures that will be encumbered through the end of this fiscal year. The remaining $122,218.50 will be requested during the normal FY 2013 -2014 budget approval process. RECOMMENDATION Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS Bid Tabulation. CITY OF CORPUS CHRISTI PURCHASING DIVISION Buyer: Gabriel Maldonado Council Date: May 14, 2013 BID TABULATION Sludge Dewatering Polymer Bid Invitation No.: BI- 0133 -13 Total $162,958.00 POLYDYNE INC. RICEBORO, GA Unit Extended ITEM DESCRIPTION QTY. UNIT Price Price 1.0 Sludge Dewatering Polymer 1.1 Deliver to Allison Treatment Plant 16,000 Pounds $1.18 $18,880.00 4104 Allison Dr. 1.2 Deliver to Broadway Treatment Plant 18,700 Pounds 1.18 22,066.00 1402 W. Broadway 1.3 Deliver to Greenwood Treatment Plant 39,000 Pounds 1.18 46,020.00 6541 Greenwood Dr. 1.4 Deliver to Laguna Madre Treatment Plant 6,900 Pounds 1.18 8,142.00 201 Jester 1.5 Deliver to Oso Treatment Plant 55,200 Pounds 1.18 65,136.00 601 Nile Dr. 1.6 Deliver to Whitecap Treatment Plant 2,300 Pounds 1.18 2,714.00 13409 Whitecap Blvd. Total $162,958.00 E i7ibl 1 DATE: May 14, 2013 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 14, 2013 Action Item for the City Council Meeting of May 28, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services ieb cctexas.co 361- 826 -3169 Gustavo Gonzalez, Director of Water Operations ustavoo cctexas.co 361- 826 -1874 Foster Crowell, Director of Wastewater Operations osterc cctexas.co 361- 826 -1801 Supply Agreement for Sodium Hypochlorite Solution CAPTION Motion approving a supply agreement with Brenntag Southwest, Inc., Dallas, Texas for approximately 956,200 pounds of sodium hypochlorite solution in accordance with Bid Invitation No. BI- 0137 -13 based on lowest responsible bid for an estimated twelve month expenditure of $551,211.90 of which $137,334.23 is required for FY 2012 -2013. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve -month periods subject to the approval of the supplier and the City Manager or designee. Funds are available in the Water and Wastewater Operations Budgets in FY2012 -2013. PURPOSE: The Wastewater Department uses this chemical for disinfection of treated effluent at four Wastewater Treatment Plants. The Water Department will use this chemical at the Sand Dollar Pump Station to boost the disinfection properties of the potable drinking water. BACKGROUND AND FINDINGS Not applicable. ALTERNATIVES Not applicable. OTHER CONSIDERATIONS Not applicable. CONFORMITY TO CITY POLICY This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY /NON- EMERGENCY Non - Emergency. DEPARTMENTALCLEARANCES Water Department Wastewater Department FINANCIAL IMPACT X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $5,690,425.28 $413,877.67 $6,104,302.95 Encumbered / Expended Amount $3,601,604.62 $3,601,604.62 This item $137,334.23 $413,877.67 $551,211.90 BALANCE $1,951,486.43 $1,951,486.43 Fund(s): Water and Wastewater Funds Comments: The $137,334.23 financial impact shown above represents three months of expenditures that will be encumbered through the end of this fiscal year. The remaining $413,877.67 will be requested during the normal FY 2013 -2014 budget approval process. RECOMMENDATION Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS Bid Tabulation. CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GABRIEL MALDONADO COUNCIL DATE: MAY 14, 2013 BID TABULATION BI- 0137 -13 SODIUM HYPOCHLORITE SOLUTION (1 ) Brenntag Southwest, Inc. l Corpus DPC Industries, Inc Dallas, Texas Christi, Texas 1.0 Sodium Hypochlorite Solution Wastewater Department 1.1 Delivered to Broadway Treatment Plant 1402 W. Broadway 1.2 Delivered to Oso Treatment Plant 601 Nile 1.3 Delivered to Allison Treatment Plant 4101 Allison Dr. 1.4 Delivered to Laguna Madre Treatment Plant 201 Jester Water Department 213,900 483,150 118,000 81,150 Ibs Ibs Ibs Ibs $0.5745 $122,885.55 0.5745 277, 569.68 0.5745 67, 791.00 0.5745 46,620.68 $0.5806 $124,190.34 0.5806 $280,516.89 0.5806 $68,510.80 0.5806 $47,115.69 1.5 Delivered to Sand Dollar Pump Station 60,000 Ibs 0.5745 34,470.00 0.5806 $34,836.00 14201 Sand Dollar Ave 1.6 Unloading delays 25 hrs 75.00 1,875.00 75.00 $1,875.00 $551,211.90 (1). DPC Industries, Inc., Corpus Christi, Texas, bid firm pricing for a six month period. Pricing is shown for comparative purposes only. Cy PH v AGENDA MEMORANDUM �aRPOa E Future Item for the City Council Meeting of May 14, 2013 1852 Action Item for the City Council Meeting of May 28, 2013 DATE: April 30, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services DanB @cctexas.com (361) 826 -3729 Execute Change Order No. 11 Kostoryz Road Improvements Phase 1 from Horne to Sunnybrook and Phase 2 from Sunnybrook to SPID CAPTION Motion authorizing the City Manager, or designee, to execute a Change Order No. 11 with Texas Sterling Construction of Houston, Texas in the amount of $508,077.63, for the Kostoryz Road Improvements Phase 1 from Horne to Sunnybrook and Phase 2 from Sunnybrook to SPID. PURPOSE: The purpose of this Agenda Item is to execute Change Order No. 11 the Kostoryz Road Improvements. BACKGROUND AND FINDINGS The scope of the change order includes the overrun of existing bid items, and additional traffic signalization. Change Order No. 11 provides for additional funds to accommodate additional required construction in Phase 1 for $121,238.17 and in Phase 2 for $386,839.46 to complete the project. For Phase 1, the additional construction and subsequent bid item overruns were required as the result of unforeseen changes. These changes include the need to remove and replace of water line, and the overrun of plan quantities for storm water and sanitary sewer lines. Additional street construction and traffic signalization was done as well. During construction, it was determined a section of a water line would not be in compliance with city standards. Due to the new street elevation, the water line would not meet the city standard requiring 2' of soil cover, and the waterline would be located in the subgrade portion of the pavement section which is not recommended. The overrun in bid items for the storm water system were due to the realignment of the system. The realignment required additional sections of pipe to connect the new system into the existing storm water system. The overrun in bid items for the sanitary sewer system were due to utility conflict with the storm sewer system. This conflict required the reroute of the service connections including the service connections for the H.E.B. Grocery Store. The additional street construction overruns were due to changes in driveway transitions, and new traffic signalization for pedestrian crossings was done to meet current MUTCD and ADA standards. For Phase 2, the additional construction and subsequent bid item overruns were required as the result of unforeseen changes. These changes include the need to remove and replace of water line, additional street construction, and traffic signalization. Continuing on Phase 2, it was determined a section of a water line would not be in compliance with city standards. Due to the new street elevation, the water line would not meet the city standard requiring 2' of soil cover, and the waterline would be located in the subgrade portion of the pavement section which is not recommended. The additional street construction overruns were due to changes in driveway transitions, and new traffic signalization for pedestrian crossings was done to meet current MUTCD and ADA standards. ALTERNATIVES: 1. Execute the Change Order with Texas Sterling Construction. 2. Do not execute the Change Order with Texas Sterling Construction. OTHER CONSIDERATIONS Not applicable CONFORMITY TO CITY POLICY Conforms to statutes regarding construction procurement criteria; §2, Article 10 of the City Charter regarding contracts; Tex. Loc. Gov't Code § 252.048 regarding Change Orders; FY 2012 -2013 Wastewater Capital Improvement Planning (CIP) Budget. EMERGENCY / NON - EMERGENCY Non - emergency DEPARTMENTAL CLEARANCES Not applicable FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fund(s): Street CIP #16, #17 Comments: The contractor states that the new signaling work associated the Change Order No. 11 will not inhibit the opening of the roadway and project closeout procedure. Current project completion anticipated approximately October 2013, with the additional signal work completed after project closing. Or the city may chose accommodate the contractor with more time for work associated with Change Order 11, once new schedule has been determined. Project to Fiscal Year 2012 -2013 Date Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $14,475,500.00 $1,952,800.00 $0.00 $16,428,300.00 Future CIP Request $0.00 $0.00 Encumbered / Expended Amount $14,475,500.00 $ $14,475,500.00 This item $508,077.63 $0.00 $508,077.63 Future Anticipated Expenditures This Project $492,497.67 $0.00 $492,497.67 BALANCE $0.001 $952,224.70 $0.00 $952,224.70 Fund(s): Street CIP #16, #17 Comments: The contractor states that the new signaling work associated the Change Order No. 11 will not inhibit the opening of the roadway and project closeout procedure. Current project completion anticipated approximately October 2013, with the additional signal work completed after project closing. Or the city may chose accommodate the contractor with more time for work associated with Change Order 11, once new schedule has been determined. RECOMMENDATION: City Staff recommends the approval of the Change Order No. 11 with Texas Sterling Construction for the Kostoryz Road Improvements. LIST OF SUPPORTING DOCUMENTS Project Budget Location Map Change Order Summary Change Order PROJECT BUDGET ESTIMATE Kostoryz Road Phase 1 from Horne Road to Sunnybrook Drive (Project No. 6489) Phase 2 from Sunnybrook Drive to SPID (Project No. 6490) PROJECT FUNDS AVAILABLE: Bond 2008 Utilities Project Total FUNDS REQUIRED: Construction Contract (Texas Sterling) ...................................... ............................... Change Order No. 11 (This Item) Contingency( 5 %) .................................................................. ............................... Design and Testing Fees: Engineer ( CH2MHill) ............................................................. ............................... Geotechnical Study ( Rock) ..................................................... ............................... Construction Materials Testing ( Rock) ....................................... ............................... Reimbursements $ 8,572,600.00 7,855,700.00 16,428,300.00 10,773,845.04 508,077.63 564,096.13 1,703,820.00 21,000.00 256,829.00 Contract Administration (Contract Preparation/ Award/ Admin) ......... ............................... 164,283.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services) ............................... 1,232,122.50 Land Acquisition .................................................................... ............................... 87,719.00 Finance............................................................................... ............................... 82,141.50 Misc. (Printing, Advertising, etc.) ............................................... ............................... 82,141.50 TOTAL ............................................................................... ............................... $ 15,476,075.30 ESTIMATED PROJECT BUDGET BALANCE ............................ ............................... $ 952,224.70 KOSTORYZ ROAD, PHASE 1 HORNE TO SUNNYBROOK CITY COUNCIL EXHIBIT WITH BRA WNER DITCH OFF -SITE DRAINAGE CITY OF CORPUS CHRIST!, TEXAS DEPARTMENT OF ENGINEERING SERVICES & PHASE 2 SUNNYBROOK TO SPID PAGE: 1 of 1 v = (BOND ISSUE 2008) DATE: 07 -19 -2011 %rte CHANGE ORDER Department of Engineering Services City of Corpus Christi, Texas CHANGE ORDER NO: I I FUNDING SOURCE Bond Issue 2008 — CONTRACT TIME: . -1,177 C.D, Operating Department: Engineering Services DATE: 18- Fels -13 Name of Project: Kostoryz Road Improvements, Phase I front I lorne to Sunnybrook Road with Brawner Off-Site Drainage 1"ou (Q Contractor: Texas Sterling Constft]CtiOtl CO. CHANGE Phase I :kdd the following to the contract: See Attached "M Phase 2 Add the following to the contract: Sce Attached 9 .. &C TOTAL ADD $508,077.63 A, A4, A %N'hv was this change necessary? (if left off the plans and specifications, explain why?) See Attached Flow cau similar changes he avoided in the future? See Attached A, CONTRACT PRICE S 10,244,299.50 B. TOTAL CIIANGE ORDER (inc. current) S 1,0 77,62 5.17 C. NEW CONTRACT PRICE SI 1,281,922.67 D. 'I IHS CHANGE ORDER 5508,077.63 Pro XqXanager E. PERCENTTOTAL CHANGE (B/A) PREVIOUS TIME A Ul"HORIZED -395 C.D. G. ADDN'I, CONTRACT TIME TIJIS CHANGE ORDER 0 C,D, H. TOTAL ADDITIONAL TIME -395 C.D. CITY OF' CORPUS CHRIS]"l, TEXAS CONTRACTOR By: — By: Director of Lngineeriji Services Title: ,M)PROVED: —,--Operating Dept (Street) Operating Dept (Stormwater) ECE Operating Dept (Wastewater) MAR 4 20 Operating Dept (Water) Dir. of Management & Budget BY- ----Legal Department $121,238.17 .- S386,839.46 Q Z i •. Wit.• Phase I - Street 1 2" HMAC Type D 52.40VF @ $395.00 per VF $20,698.00 531.77 SY @ $8.00 per SY $4,254.16 2 5" HMAC Type B 75.8VF @ $375.00 per VF ($28,425M0) 310.29 SY @ $23.00 per SY $7,136.67 3 5" Crushed Limestone Base 11 Power Cable (3-1 Condr)(12 AWG) 956 SY @ $6.00 per SY $5,736.00 4 6" Compacted Subgrade 549.36 SY @ $.90 per SY $494.42 5 Type A Header Curb 38 LF @'10.00 per LF $380.00 6 Pedestrian Push Button Post 4 EA @ $450.00 per EA $1,800.00 7 Foundation for Traffic Signal TY 24A (24" Drill Shaft) (5.7FT/EA) 23.20 VF @ $75.00 per VF $1,740.00 8 Foundation for Traffic Signal TY 36A (36" Drill Shaft) (13.2FT/EA) 52.40VF @ $395.00 per VF $20,698.00 9 Foundation for Traffic Signal TY 36B (36" Drill Shaft) (15.2Fr/EA) 75.8VF @ $375.00 per VF ($28,425M0) 10 Conduit (PVC) (Schedule 40) (3") 86LF @ $19.80 per LF $1,702.80 11 Power Cable (3-1 Condr)(12 AWG) ILSN 11OLF @ $1.75 per LF $192.50 12 Elec Conductor (No 8)(INS) Ground 26LF @ 1.40 per LF $36.40 13 Traffic Signal Cable (TY A) (4 Conductor) (14 AWG) 3,555LF CO $1.50 per LF $5,332.50 14 VIVDS Composite Cable (Coaxial Communication & 5/C #18 Power) 821LF @ $2.05 per LF $1,683.05 15 Grass Seeding 1,888.33SY @ $-35 per SY $660.92 16 AT&T Fife Protection Water Vault Removal & Line Cap ILS @ $3,911.24 per LS $3,911.24 TOTAL PHASE I STREET: $27,333.66 Phase I Storm Water 1 Manhole Type C 1 EA @ $3,000.00 per EA $3,000.00 2 18" RCP Culvert (Including Shor, Excav, Bedding & Backfill) 35 LF @ $120.00 per LF $4,200.00 3 36" RCP Culvert (Including Shor, Excav, Bedding & Backfill) 16 LF @ $120.00 per LF $1,920.00 4 Remove RCP Culvert and Backfill With Cement Stabilized Sand 661 LF @ $6.00 per LF $3,966.00 5 Pre-Construction Exploratory Explorations 2 EA @ $600.00 per EA $1,800.00 6 2 - 12" RCP, and 1 - Type A Manhole 1LS @ $13,448.33 per LS $13,448.33 TOTAL PHASE I STORM WATER: $28 Phase 1 Wastewater 1 Pipe Bursting of Wastewater Line (8" HDPE Pipe) 22 LF @ $40.00 per LF $880.00 2 Remove and Replace (Open Cut) Wastewater Line (8 PVC) 86 LF @ $150.00 per LF $12,900.00 I �*Mw 3 Service Line Connections 16 EA @ $1,250.00 per EA $20,000.00 4 Well Pointing for Manholes, Insertion Pits, and Open Cut 32 LF @ $25.00 per LF $800.00 1'0'('AL PHASE I WASTEWATER: $34,580.00 -46 Phase I Water 1 12" C-900 PVC Water Line 10OLF @ $55.00 per LF $5,500.00 2 Trench Safety for Water Line RemovaVInstallation 10OLF @ $1.00 per LF $100.00 3 Remove Water Line (CIP) 10OLF @ $5.00 per LF $500.00 4 6" Gate Valve with Box 1EA @ $1,100.00 per EA $1,100.00 5 12"x8" Tee 1EA @ $500.00 per EA $500.00 6 16" Gate Valve with Box 2EA @ $6,930.09 $13,860.18 7 Hot Line Tap for 12"x6" Tapping Sleeve and Valve 2EA @ $2,070.00 per EA $4,140.00 8 Hot Line Tap for 12"A" Tapping Sleeve and Valve 2EA @ $2,645.00 per EA $5,290.00 TOTAL PHASE I WATER: $30,990.1 Page 3 of 6 4 Trench Safety for Water Line Removal/Install 2" HMAC Type D 980LF @ $1.00 per LF $980.00 5 Pre-Construction Exploratory $14,880.00 Excavations 5" Crushed Limestone Base 15EA @ $500.00 per EA $7,500.00 6 12" C-900 PVC Water Line $11,160.00 68OLF @ $55.00 per LF $37,400.00 7 Remove Water Line (CIP) 70OLF @ $5.00 per LF $3,500.00 8 12" Gate Valve with Box 4" Concrete 4EA @ $2,500.00 per EA $10,000.00 9 Hot Line Tap for 12"x6" Tapping $34,083.00 Sleeve and Valve 8" Proof Rolled Non-Yielding Subgrade 3EA @ $2,070.00 per EA $6,210.00 TOTAL PHASE 2 WATER: $63 Phase 2 Street 1 2" HMAC Type D 1,860SY @ $8.00 per SY $14,880.00 2 5" Crushed Limestone Base 1,860SY @ $6.00 per SY $11,160.00 3 6" Concrete Drive 12,120E @ $7.00 per SF $84,840.00 4 4" Concrete 4,869SF @ $7.00 per SF $34,083.00 5 8" Proof Rolled Non-Yielding Subgrade 1.4,173SY @ $2.00 per SY $28,346.00 6 Pedestrian Signal Section (16") LED Count Down 2EA @ $465.00 per EA $930.00 7 Pedestrian Push Butt-on 5EA @ $345.00 per EA $1,725.00 8 Street Excavation Including Asphalt Removal 3,207SY @ $4.50 per SY $14,431.50 0 10 11 12 13 14 15 16 17 18 19 20 21 22 Kostoryz Road Controller & TS2 Type Cabinet with Foundation IEA @ 29,500.00 per EA $29,500.00 Ground Box (Ty D) with Apron 4EA @ $675.00 per EA $2,700.00 Vehicle Signal Section (12 ") LED 44EA @ $170.00 per EA $7,480.00 Back Plate (3 Sec) Poli Louvered 8EA @ $101.04 per EA $808.32 Back Plate (5 Sec) Poli Louvered 4EA @ $115.16 per EA $460.64 Traffic Signal Pole Asm (Stl) 1 Arm (36') 2EA @ $4,850.00 per EA $9,700.00 Traffic Signal Pole Asm (Stl) 1 Arm (44') 2EA @ $6,400.00 per EA $12,800.00 FND for Traffic Sig Ty 36A (36" Drill Shaft)(13.2'/EA) (2)(13.2VF/EA) @$395.00 per VF $10,428.00 FND for Traffic Sig Ty 36B (36" Drill Shaft)(15.2'/EA) (2)(15.2VF/EA) @$375.00 per VF $11,400.00 Edge Connect Cards 1EA @ $3,517.00 per EA $3,517.00 Condt (PVC)(Schd 80)(4 ") 465LF @ $16.50 per LF $7,672.50 Power Cable (3 -1 Condr)(12AWG) Ilsn 85OLF @ $1.75 per LF $1,487.50 Elect Condr (No8)(Ins) Ground 465LF @ $1.40 per LF $651.00 Traf Signal Cable (TyA) (4 Condr)(14AWG) 81OLF @ $1.50 per LF $1,215.00 Page 5 of 6 2 I3 * r � 23 Traf Signal Cable (Ty) 16 Condr)(14AWC) 930LF @ $3.00 per LF $2,790.00 24 VIVDS Processor System 1EA @ $6,150.00 per EA $6,150.00 25 VIVDS Camera Assembly 4EA @ $1,345.00 per EA $5,380.00 26 VIVDS Set-up Systern (Field Set-up Computer) TEA @ $735.00 per EA $735.00 27 VIVDS Composite Cable (Coaxial Communication & 5/C #18 Power) 890LF @ $2.05 per LF $1,824.50 28 Pre-Construction Exploratory Excavation 21EA @ $500.00 per EA $10,500.00 29 Traffic Signalization Subcontractor Remobilization 1LS @ $5,554.50 per LS $5,554.50 TOTAL PHASE 2 STREET: $323,149.46 ITOTAL PHASE 1: $121, ✓ ITOTAL PHASE 2: $386.839.461 ITo'rAL PHASES I & 2 : $508,077=03 14F5 ADD EXISTING OVERRUNS - PHASE 1 PHASE 1 1) Street Bid Item Quantity Overruns Add the Following Quantities to the Bid Items B-4 2" HMAC Type D 531.77 SY @ $8.00 per SY $4,254.16 B -7 5" HMAC Type B 310.29 SY @ $23.00 per SY $7,136.67 B-8 5" Crushed Limestone Base 956 SY @ $6.00 per SY $5,736.00 B-12 6" Compacted Subgrade 549.36 SY @ $.90 per SY $494.42 B -20 Type A Header Curb 38 LF @ $10.00 per LF $380.00 B -38 Pedestrian Push Button Post 4 EA @ $450.00 per EA $1,800.00 B-49 Foundation for Traffic Signal TY 24A (24" Drill Shaft) (5.7FT /EA) 23.20 VF @ $75.00 per VF $1,740.00 B -50 Foundation for Traffic Signal TY 36A (36" Drill Shaft) (13.2FT /EA) 52.40VF @ $395.00 per VF $20,698.00 B -52 Conduit (PVC) (Schedule 40) (3 ") 86LF @ $19.80 per LF $1,702.80 B -54 Power Cable (3 -1 Condr)(12 AWG) ILSN 110LF @ $1.75 per LF $192.50 B -55 Elec Conductor (No 8) (INS) Ground 26LF @ 1.40 per LF $36.40 B -56 Traffic Signal Cable (TY A) (4 Conductor) (14 AWG) 3,5551,17 @ $1.50 per LF $5,332.50 DEDUCT PAGE 1 01 *111*1 B-61 VIVDS Composite Cable (Coaxial Con & 5/C #18 Power) 821LF @ $2.05 per LF $1,683.05 B-69 Grass Seeding 1,888.33SY @ $35 per SY $660.92 Deduct the Following Quantities from the Bid Items B-51 Foundation for Traffic Signal TY 36B (36" Drill Shaft) (15.2FT/EA) 75.8VF @ $375.00 per VF TOTAL PHASE 1 STREET ADD: $23,422.4 2) Storm Water Bid Item Quantity Overruns Add the Following Quantities to the Bid Items C-2 Manhole Type C I EA @ $3,000.00 per EA $3,000.00 C-6 18" RCP Culvert (Including Shor, Excav, Bedding & Backfill) 35 LF @ $120.00 per LF $4,200.00 C-11 36" RCP Culvert (Including Shor, Excav, Bedding & Backfill.) 16 LF @ $120.00 per LF $1,920.00 C-18 Remove RCP Culvert and Backfill With Cement Stabilized Sand 661 LF @1 $6.00 per LF $3,966.00 C-25 Pre-Construction Exploratory Explorations 3 EA @ $600.00 per EA $1,800.00 TOTAL PHASE 1 STORM WATER ADD: $14,886.0 3) Wastewater Bid Item Quantity Overruns Add the Followin Quantities to the Bid Items D-4 Pipe Bursting of Wastewater Line (8" HDPE Pipe) 22 LF @ $40.00 per LF $880.00 PAGE 2 ADD DEDUCT D -7 Remove and Replace (Open Cut) Wastewater Line (8" PVC) 86 LF @ $150.00 per LF $12,900.00 D -13 Service Line Connections 16 EA @ $1,250.00 per EA $20,000.00 D -17 Well Pointing for Manholes, Insertion Pits, and Open Cut 32 LF @ $25.00 per LF $800.00 TOTAL PHASE 1 WASTEWATER ADD: $34,580.00 TOTAL PHASE 1 EXISTING OVERRUN ADDS: $72,888.42 TOTAL PHASE 2 EXISTING OVERRUN ADDS: NONE ANTICIPATED QUANTITY ADJUSTMENTS - PHASE 1 PHASE 1 ANTICIPATED STREET QUANTITY ADJUSTMENTS 1) AT &T Fire Protection Water Vault Removal Add the Following Quantities to the Bid Items B -89 AT &T Fire Protection Water Vault Removal & Line Cap 1LS @ $3,911.24 per IS $3,911.24 TOTAL PHASE 1 ANTICIPATED STREET ADD: $3,911.24 PHASE 1 ANTICIPATED WATER QUANTITY ADJUSTMENTS 1) Possible 12" Water Line Replacement Due to Elevation Conflict With Pavement Section Add the Following Quantities to the Bid Items E -2 12" C -900 PVC Water Line 100LF @ $55.00 per LF $5,500.00 E -17 Trench Safety for Water Line Removal / Installation 100LF @ $1.00 per LF $100.00 E -19 Remove Water Line (CIP) 100LF @ $5.00 per LF $500.00 PAGE 3 ADD DEDUCT E -25 6" Gate Valve With Box 1EA @ $1,100.00 per EA $1,100.00 E -26 12 "x8" Tee 1EA @ $500.00 per EA $500.00 PHASE 1 WATER ADD: $7,700.00 2) Requested 16" Gate Valve Installations at Gollihar, instead of 16" Butterfly Valves (Requested by Arnold Longoria - City Water Department) (Approximate Station 39 +33) Add the Following Quantities to the Bid Items E -27 16" Gate Valve With Box 2EA @ $6,930.09 per EA $13,860.18 PHASE 1 WATER ADD: $13,860.18 3) Hot Line Taps for 12 "x6" & 12 "x8" Tapping Sleeve and Valve Add the Following - Quantities to the Bid Items E -28 Hot Line Tap for 12 "x6" Tapping Sleeve and Valve 2EA @ $2,070.00 per EA $4,140.00 E -29 Hot Line Tap for 12 "x8" Tapping Sleeve and Valve 2EA @ $2,645.00 per EA $5,290.00 PHASE 1 WATER ADD: $9,430.00 TOTAL PHASE 1 ANTICIPATED WATER ADD: $30,990.18 PHASE 1 ANTICIPATED STORM WATER QUANTITY ADJUSTMENTS 1) Install of 2 -12" RCP and Type A Manhole to Avoid AT &T Duct at Approximate Station 38 +69 Add the Following Quantities to the Bid Items C -33 2 -12" RCP, and 1 - Type A Manhole 1LS @ $13,448.33 per LS $13,448.33 TOTAL PHASE 1 ANTICIPATED STORM WATER ADD: $13A48.33 TOTAL PHASE 1 ANTICIPATED ADDS: $48,349.75 PAGE ADD ANTICIPATED QUANTITY ADJUSTMENTS - PHASE 2 DEDUCT PHASE 2 ANTICIPATED WATER QUANTITY ADJUSTMENTS 1) Possible 12" Water Line Replacement Due to Elevation Conflict With Pavement Section Add the Following Quantities to the Bid Items E -8 12" MJ Any Angle Bend 8 EA @ $350.00 per EA $2,800.00 E -19 Trench Safety for Water Line Removal / Install - City Water Department) 40OLF @ $1.00 per LF $400.00 E -22 Pre - Construction Exploratory E -10 12 "x8" Tee Excavations 2EA @ $500.00 per EA 15EA @ $500.00 per EA $7,500.00 E -26 12" C -900 PVC Water Line Removal/ Installation 40OLF @ $55.00 per LF $22,000.00 E -27 Remove Water Line (CIP) E -26 12" C -900 PVC Water Line 40OLF @ $5.00 per LF $2,000.00 PHASE 2 WATER ADD: $34,700.00 2) Requested 12" Water Line Replacement at McArdle/Kostoryz (Requested by Arnold Longoria - City Water Department) Add the Following Quantities to the Bid Items E -10 12 "x8" Tee 2EA @ $500.00 per EA $1,000.00 E -19 Trench Safety for Water Line Removal/ Installation 40OLF @ $1.00 per LF $400.00 E -26 12" C -900 PVC Water Line 20OLF @ $55.00 per LF $11,000.00 E -27 Remove Water Line (CIP) 20OLF @ $5.00 per LF $1,000.00 E -28 12" Gate Valve with Box 2EA @ $2,500.00 per EA $5,000.00 PAGE 5 FM 0000001646w] Deduct the Following Quantities from the Bid Items E-14 12"x8" Tapping Sleeve and Valve 2EA @ $3,200.00 EA $6,400.00 PHASE 2 WATER ADD: $12,000.00 3) Requested 12" Water Line Replacement at SPILL /I ostoryz (Requested by Arnold Longoria - City Water Department) Add the Following Quantities to the Bid Items E-8 12" Mj Any Angle Bend 2EA @ $350.00 per EA $700.00 E-19 Trench Safety for Water Line Removal/ Installation 180LF @ $1.00 per LF $180.00 E-26 12" C-900 PVC Water Line 80LF @ $55.00 per LF $4,400.00 E-27 Remove Water Line (CIP) 100LF @ $5.00 per LF $500,00 E-28 12" Gate Valve with Box 2EA @ $2,500.00 per EA $5,000.00 PHASE 2 WATER ADD: $10,780.00 4) Hot Line Taps for 12"x6" Tapping Sleeve and Valve Add the Following Oua-ritities to the Bid Items E-29 Hot Line Tap for 12"x6" Tapping Sleeve and Valve 3EA @ $2,070.00 per EA $6,210.00 PHASE 2 WATER ADD: $6,210.00 TOTAL PHASE 2 ANTICIPATED WATER ADDS: $63,690.0 PAGE 6 ADD DEDUCT PHASE 2 ANTICIPATED STREET QUANTITY ADTUSTMENTS 1) Signalization of the McArdle/Kostoryz Intersection Add the Following Quantities to the Bid Items 2EA @ $6,400.00 per EA B-34 Pedestrian Signal Section (16 ") LED (36" Drill Shaft) (13.2' /EA) Count Down (2)(13.2VF /EA) @$395.00 per VF $10,428.00 2EA @ $465.00 per EA $930.00 B -36 Pedestrian Push Button (2) (15.2VF/ EA) @$375.00 per VF $11,400.00 5EA @ $345.00 per EA $1,725.00 B -52 Controller & TS2 Type Cabinet with Foundation 1EA @ 29,500.00 per EA $29,500.00 B-53 Ground Box (Ty D) with Apron 4EA @ $675.00 per EA $2,700.00 B -54 Vehicle Signal Section (12 ") LED 44EA @ $170.00 per EA $7,480.00 B -55 Back Plate (3 Sec) Poli Louvered 8EA @ $101.04 per EA $808.32 B -56 Back Plate (5 Sec) Poli Louvered 4EA @ $115.16 per EA $460.64 B -57 Traffic Signal Pole Asm (Stl) 1 Arm (36') 2EA @ $4,850.00 per EA $9,700.00 B-58 Traffic Signal Pole Asm (Stl) 1 Arm (44') 2EA @ $6,400.00 per EA $12,800.00 B-59 FND for Traffic Sig Ty 36A (36" Drill Shaft) (13.2' /EA) (2)(13.2VF /EA) @$395.00 per VF $10,428.00 B -60 FND for Traffic Sig Ty 36B (36" Drill Shaft) (15.2'/ EA) (2) (15.2VF/ EA) @$375.00 per VF $11,400.00 B-61 Edge Connect Cards 1EA @ $3,517.00 per EA $3,517.00 PAGE 7 ADD B-62 Condt (PVC)(Schd 80)(4 ") 465LF @ $16.50 per LF $7,672.50 B -63 Power Cable (3 -1 Condr)(12AWG) Ilsn $735.00 B -70 850LF @ $1.75 per LF $1,487.50 B -64 Elect Condr (No8)(Ins) Ground 465LF @ $1.40 per LF $651.00 B -65 Traf Signal Cable (TyA) $1,824.50 B -72 (4 Condr)(14AWG) 81OLF @ $1.50 per LF $1,215.00 B -66 Traf Signal Cable (TyA) $5,554.50 16 Condr)(14AWG) $124,908.96 2) AT &T Duct Pot - holing, and 8" Proof Rolling Plan Quantity Correction 93OLF @ $3.00 per LF $2,790.00 B-67 VIVDS Processor System 1EA @ $6,150.00 per EA $6,150.00 B -68 VIVDS Camera Assembly 4EA @ $1,345.00 per EA $5,380.00 B -69 VIVDS Set -up System (Field Set-up Computer) 1EA @ $735.00 per EA $735.00 B -70 VIVDS Composite Cable (Coaxial Communication & 5/C #18 Power) 890LF @ $2.05 per LF $1,824.50 B -72 Traffic Signal Subcontractor Remobilization 1LS @ $5,554.50 per LS $5,554.50 PHASE 2 STREET ADD: $124,908.96 2) AT &T Duct Pot - holing, and 8" Proof Rolling Plan Quantity Correction Add the Following Quantities to the Bid Items B -11 8" Proof Rolled Non - Yielding Subgrade 14,173SY @ $2.00 per SY $28,346.00 B -71 Pre - Construction Exploratory Excavation 21EA @ $500.00 per EA $10,500.00 DEDUCT PAGE 8 ADD PHASE 2 STREET ADD: $38,846.00 3) Drive Transitions & Apron/Rip Rap Quantities Add the Following Quantities to the Bid Items B4 2" HMAC Type D 1,860SY @ $8.00 per SY $14,880.00 B-7 5" Crushed Limestone Base 1,860SY @ $6.00 per SY $11,160.00 B -17 6" Concrete Drive 12,120SF @ $7.00 per SF $84,840.00 B -18 4" Concrete 4,8695F @ $7.00 per SF $34,083.00 B -38 Street Excavation Including Asphalt Removal 3,207SY @ $4.50 per SY $14,431.50 PHASE 2 STREET ADD: $159,394.50 TOTAL PHASE 2 ANTICIPATED STREET ADDS: $323,149.46 TOTAL PHASE 2 ANTICIPATED ADDS: $386,839.46 TOTAL PHASES 1 & 2 ANTICIPATED ADDS: $435,189.21 TOTAL PHASES 1 & 2 EXISTING OVERRUNS AND ANTICIPATED ADDS: $508,077.63 DEDUCT PAGE Existing Overruns - Phase 1 Phase 1 Street Bid Item Quantity Overruns Why was this change necessary? The asphalt, base, and header curb overruns are due to drive transitions needed to achieve existing grade into private property (at 5 12% slope), quantity adjustments needed for side street concrete to asphalt transitions, and areas where header curb lengths needed to be extended to better serve the purpose of holding back elevated existing grounds, and make sidewalk surfaces better defined to the pedestrian. The traffic signalization overruns were due to relocated or added pedestrian signal poles & buttons at Brawner Parkway, Gollihar, and Foley Dr. (which included additional 24" drill shaft foundation depths, and wiring), and an error in the quantity billed for the Bid Item B -51 - Foundation for Traffic Signal TY 36B (36" Drill Shaft) (15.2ft/ EA). Only 15.2VF should have been billed for this task, rather than 91VF. In the field adjustments for more accessible (ADA compliant) placement of pedestrian push buttons were needed as traffic signal pole placements were adjusted to maneuver around existing utilities, and foundations. Some of these adjustments caused the proposed placement of the push buttons on the new traffic signal poles to not comply with MUTCD & ADA standards (such as: not to exceed max distance to ramp of 510', comply with height from top of sidewalk of z 42 "- <_ 48 ", and clear space to access ped. button with <_ 2% slope in all directions), thus requiring relocation to a compliantly placed pedestrian pole. The grass seeding quantity overrun is due to a miscalculation of the plan quantity. How can similar changes be avoided in the future? Additional survey data outside of project ROW needs to be incorporated in the A /E's contract to allow for the calculation of drive transition quantities (especially in areas where proposed roadways are to be lowered to improve drainage). HMAC (and related materials) quantity adjustments are to be expected for the side street transitions due to unknown construction related issues such as utilities installation boundaries changing to facilitate proper alignment /installation, and added tasks requested by property owners (and approved by the City) such as drive add -ons, or alterations. Better traffic signalization plan review during design could have reduced the amount of adjustments that were needed, but alterations due to field conditions during construction are to be expected, and cannot be easily predicted until tasks get underway. The grass seeding quantity miscalculation could have been avoided with better plan quantity review during design. PAGE 1 Phase 1 Storm Water Bid Item Quantity Overruns Why was this change necessary? The additional Manhole type C was needed to connect an existing unknown storm lateral to the proposed 6'x6' RCB at approximate station 31 +50. This lateral connects the back parking lot drain at the Gas Light Apartments, and was not shown on any of the storm water asbuilts. The additional 18" RCP Culvert was needed to align and connect an existing storm drain lateral to the proposed 6'x6' RCB at approximate station 29 +50, and also for miscellaneous alignment/ length issues during proposed lateral and inlet placements. The additional 36" RCP Culvert was needed to connect the existing 36" storm drain to the proposed improvements at Horne Rd./ Kostoryz (approximate station 51 +38). The additional Remove RCP Culvert and Backfill with Cement Stabilized Sand was needed due to an existing unknown (abandoned) storm RCP that ran down the west side of Kostoryz from approximate stations 32 +08 to 38 +69. This abandoned RCP was discovered during excavation for the proposed roadway pavement section. The additional Pre - Construction Exploratory Excavations were needed to identify the exact depth of the existing AT &T duct, and 12" water line that run down the west side of the Kostoryz roadway (between Gollihar and Sunnybrook) to determine if these utilities would conflict with the proposed storm lateral crossing structures, and pavement section. How can similar changes be avoided in the future? Unavoidable, minor field adjustments to storm water RCP quantities during construction are anticipated to properly align & connect existing and proposed facilities. The unknown and abandoned RCP not identified on asbuilts, is commonly encountered during roadway reconstruction projects as old as this section of Kostoryz. The additional Pre - Construction Exploratory Excavations could be avoided by conducting more thorough subsurface utility excavations (SUE) during the design phase of the project. The consultant was instructed to keep the SUOs to a minimum, and to utilize asbuilt data when available. Phase 1 Wastewater Bid Item Quantity Overruns Why was this change necessary? The additional Pipe Bursting of Wastewater Line (8" HDPE Pipe) was needed to complete the sanitary sewer improvements to the east down Gollihar Rd. from the Gollihar/ Kostoryz intersection. The plan quantity should have shown 244 LF rather than 222 LF. The additional Remove and Replace (Open Cut) Wastewater Line (8" PVC) was needed to reroute HEB's two 8 "service lines underneath the proposed 8'x8' RCB storm trunk at PAGE approximate stations 41 +44 and 48 +00. Additional 8" PVC was also needed to properly align & connect to the existing 8" service that runs to the Wind Rush Apartments at approximate station 51 +25. The additional Service Line Connections were needed at locations where unknown services had to be connected to the proposed sanitary sewer main. The additional Well Pointing for Manholes, Insertion Pits, and Open Cut was needed for the insertion pits used for the pipe bursting to the east down Gollihar Rd. and Foley Dr. How can similar changes be avoided in the future? The additional Pipe Bursting of Wastewater Line (8" HDPE Pipe) would have been avoided had a more thorough review of the plan quantity taken place during the design submittal phases (correct quantity of 244LF was shown on plans, but not reflected in Bid Item quantity of 222LF). The additional Remove and Replace (Open Cut) Wastewater Line (8" PVC) was unavoidable due to HEB installing their 8" sanitary sewer service lines at an elevation that was in conflict with the 8'x8' RCB storm drain placement, and field adjustments needed for proper alignment & connection to the existing Wind Rush Apartments 8" service. The additional Service Line Connections were unavoidable due to sanitary sewer asbuilts not including this information, and some connections having multiple services attached. The additional Well Pointing for Manholes, Insertion Pits, and Open Cut was unavoidable due to the plan quantity being an educated guess derived from the Geotechnical report on what elevation the ground water will be encountered at This will fluctuate depending on rainfall. Anticipated Quantity Adjustments - Phase 1 Phase 1 Anticipated Street QuantitXAdjustments Why was this change necessary? The AT &T Fire Protection Water Vault Removal is needed to facilitate the placement of the proposed JRCP section at approximate station 32 +30. The vault and supply line are not in service, and need to be removed to avoid delay in placing the west side curb & gutter at this location. How can similar changes be avoided in the future? Unavoidable, contractor needs task addressed, and AT &T coordination experiences frequent delays in dealing with project related issues. PAGE 3 Phase 1 Anticipated Water Quantity Adjustments Why was this change necessary? The 10OLF of 12" C -900 water line replacement, trench safety, and removal is due to elevation conflict with pavement section. The location is just north of Sunnybrook, adjacent to the Fire Station at approximate station 28 +00 to 29 +00. How can similar changes be avoided in the future? Unavoidable, given the circumstances. This issue could have been accounted for with more thorough subsurface utility excavations (SUE) during the design phase of the project, but the consultant was instructed to keep the SUE's to a minimum, and to utilize valve measure -down & asbuilt data where available. Valve measure -downs do not accurately reflect line elevations between valve locations, and City Water Department asbuilts are frequently inaccurate regarding line alignment & elevation. Why was this change necessary? The installation of the 2 - 16" Gate Valves with Boxes rather than the planned 16" Butterfly Valves at the Gollihar intersection was requested by Arnold Longoria (City Water Department). Arnold stated that butterfly valves have been notorious for locking up (and not shutting or opening correctly), especially on the larger water line sizes such as this one. How can similar changes be avoided in the future? Better design submittal reviews and correspondence by the City Water Department to ensure desired repairs get incorporated into the design by the A/ E. Why was this change necessary? The Hot Line Taps for the 12 "x6" & 12 "x8" Tapping Sleeve and Valve (TS&V) bid items are needed to connect 2 New Fire Hydrant Assemblies to the 12" water main that runs down the west side of Kostoryz Rd. at approximate stations 56 +80 & 53 +80, and 8" water line to the 12" main at approximate stations 50 +80 & 59 +10. The contractor bid the 12 "x6" & 12 "x8" TS &V Bid Items with the understanding that the City Water Department would perform the taps on the hot lines (as is stated on the plan sheets). The City Water Department changed its policy shortly after construction began, and no longer would perform hot line taps for the TS &V's, thus creating additional expense for the contractor to install. How can similar changes be avoided in the future? Better design submittal reviews and involvement by the City Water Department to ensure that contract documents reflect current (and future) departmental policies. PAGE Phase 1 Anticipated Storm Water Quantity Adjustments Why was this change necessary? The 2 - 12" RCP and Type A manhole were needed to connect the proposed west side inlet to the proposed 6'x6' storm trunk at approximate station 38 +69. The 2 - 12" RCP were used because adequate clear distance over the AT &T duct was not available to run the planned 18" RCP. How can similar changes be avoided in the future? This alignment issue was avoidable, and was thought to have been dealt with during design using SUE elevation data collected at locations where proposed utility improvement structures crossed the AT &T duct. Incorrect survey data, or skewed data transfer is the reason for this issue. Accurate survey data collection & recording would have facilitated the correct design for this storm lateral. Anticipated Quantity Adjustments - Phase 2 Phase 2 Anticipated Water Quantity Adjustments Why was this change necessary? The 40OLF of possible 12" water line and related bid item quantity adjustments are for unknown areas within Phase 2 west side construction boundaries where the line elevation may be in conflict with the JRCP section. This has posed problems within Phase 1, so it is anticipated to be an issue within Phase 2 as well. How can similar changes be avoided in the future? Unavoidable, given the circumstances. This issue could have been accounted for with more thorough subsurface utility excavations (SUE) during the design phase of the project, but the consultant was instructed to keep the SUE's to a minimum, and to utilize valve measure -down & asbuilt data where available. Valve measure -downs do not accurately reflect line elevations between valve locations, and City Water Department asbuilts are frequently inaccurate regarding line alignment & elevation. Why was this change necessary? The 20OLF of 12" C -900 water line and related bid items for the McArdle /Kostoryz intersection was requested by Arnold Longoria (City Water Department) to replace existing cast iron line & fittings, and to straighten the alignment through the intersection. How can similar changes be avoided in the future? Better design submittal reviews and correspondence by the City Water Department to ensure desired repairs get incorporated into the design by the A/ E. PAGE 5 Why was this change necessary? The 80LF of 12" C -900 water line and related bid items for the SPID /Kostoryz intersection was requested by Arnold Longoria (City Water Department) to replace existing cast iron line & fittings, and to straighten the alignment approaching the intersection. How can similar changes be avoided in the future? Better design submittal reviews and correspondence by the City Water Department to ensure desired repairs get incorporated into the design by the A/ E. Why was this change necessary? The Hot Line Taps for 12 "x6" Tapping Sleeve and Valve (TS &V) bid item is needed to connect 3 New Fire Hydrant Assemblies to the 12" water line that runs down the west side of Kostoryz Rd. at approximate stations 4 +10,10 +00, and 17 +00. The contractor bid the 12 "x6" Tapping Sleeve and Valve Bid Item with the understanding that the City Water Department would perform the taps on the hot lines (as is stated on the plan sheets). The City Water Department changed its policy shortly after construction began, and no longer would perform hot line taps for the TS &V's, thus creating additional expense for the contractor to install. How can similar changes be avoided in the future? Better design submittal reviews and involvement by the City Water Department to ensure that contract documents reflect current (and future) departmental policies. Phase 2 Anticipated Street Quantity Adjustments Why was this change necessary? The signalization of the McArdle /Kostoryz intersection is needed due to the existing signal pole foundations not being in compliance with MUTCD distance requirements from face of curb (z 2' is minim if z 3' cannot be achieved), and height above top of curb (5 4 "). It has also been requested that this intersection get new signalization by Tony Salinas (City Traffic Signals) due to the existing outdated components, and the fact that it is the only signalized intersection within the project boundaries that is not being completely improved. How can similar changes be avoided in the future? Better design submittal reviews and correspondence by the City Traffic Engineering & Signals Departments to ensure desired improvements get incorporated into the design by the A/ E. During design the A/E was instructed to avoid additional expenses by only improving signalization at intersections where existing signalization is in conflict with the planned widening of the roadway. The signalization at this intersection was not addressed due to the existing pole foundations not having to be moved to accommodate the widening of the roadway (roadway was already widened at this location, so back of curb alignment is staying approximately the same). During roadway demolition and JRCP placement, it became apparent that the street improvements (relative to the existing signalization) would not be in compliance with MUTCD standards (neither PAGE were the existing conditions in relation to distance of objects from face of curb), and the decision was made to improve the signalization at this intersection as is being done at Foley, Gollihar, Horne, and Brawner. Why was this change necessary? The 8" proof rolled non - yielding subgrade quantity adjustment is due to an incorrect planned quantity in the contract documents. How can similar changes be avoided in the future? Better A/E plan quantity reviews during design would avoid this issue. Why was this change necessary? The pre - construction exploratory excavations quantity adjustment is needed to evaluate the elevation of the AT &T ducts that run down the west side of the Kostoryz Roadway from Mansheim to SPID. The AT &T duct elevations have conflicted with the JRCP section in Phase 1, and it is anticipated to be an issue in unknown areas of Phase 2 (possibly within the west side of the roadway, and under west side sidewalk). How can similar changes be avoided in the future? Unavoidable, given the circumstances. This issue could have been accounted for with more thorough subsurface utility excavations (SUE's) during the design phase of the project, but the consultant was instructed to keep the SUE's to a minimum, and to utilize asbuilt data where available. The AT &T duct was excavated (SUE'S) at locations where utility structures crossed it, but has been encountered at conflicting elevations between these areas. The duct should have been SUE'd at 100ft to 200ft intervals, as well as at crossing structures, to ensure design compatibility. AT &T asbuilts were old and inaccurate regarding duct elevations, and alignment. Why was this change necessary? The bid item quantity adjustments for drive transitions and apron /rip rap are needed to facilitate the construction of asphalt, and concrete drive transitions into private properties where the Kostoryz Roadway has been significantly lowered to improve drainage (approximately from Mansheim to SPID). These transitions are not to exceed a 12% slope, and require considerable distance into the properties to achieve existing grades. This issue was not recognized in design, and is a direct result of the lowering of the roadway. How can similar changes be avoided in the future? Additional survey data outside of project ROW needs to be incorporated in the A/ E's contract to allow for the calculation of drive transition quantities (especially in areas where proposed roadways are to be lowered to improve drainage). PAGE 7 TEXAS STERLING SP CONSTRUCTION CO. February 28, 2013 Bryan Conner, P.E. Staff Engineer CH2M Hill 555 N. Carancahua Tower 11 Ste. 310 Corpus Christi, Texas 78401 Re: Change Order 11 City Project No. 6489 & 6490 Dear Mr. Conner, Texas Sterling has not adjusted the contract time on Change Order 11. Please be aware that the lead time on the material in Change Order 11 required for the signaling of the McArdle intersection has an estimated 12-14 week lead time. This extends past the contract completion date. It is Texas Sterling's understanding the new signaling work associated with Change Order 11 will not inhibit the opening of the roadway and project closeout procedures including but not limited to stopping contract time, punch lists completion, final inspections, retainage (with the exception of retainage associated with the intersection signaling), and all other procedures in order to obtain complete project closeout. If this is not the understanding of the city than additional contract time will need to be added to accomodate the work associated with Change Order 11. PAVING - BRIDGES - LIGHTRAIL SEWE R - WATER 20810 FERNBUSH i HOUSTON, TEXAS 77073 • (281) 821-9091 - FAX (281) 821-2995 /1 n Equal Opporfu.nit v Emplqyer TEXAS STERLIN CONSTRUCTION CO. January 24, 2013 Bryan Conner, P,E. Staff Engineer CH2M Hill 555 N. Carancahua Tower 11 Ste, 310 Corpus Christi, Texas 78401 Re: Change Order (2)12" RCP and Type A Manholt City Project No. 6489 & 6490 1�•]i 11. 4 INM . 1 9 0 1 1Q1 to] tZ 12" RCP $9000.00 Type A Manhole $3000,00 Modify Inlet and Manhole $1448.33 Total $13,448.33 Project Manager Texas Sterling Construction, Co. PAVING - BRIDGES - LIGHT RAIL -SEWER - WATER 20810 FERNBUS11 • 141 1.1 STON, TEXAS 77073 • (281) 821-9091 FAX (281) 821-2995 An Equal 019porlunity Empk er. PROJECT KOSTORYZ PHASE 1 & 2 CITY OF CORPUS CHRISTI ITEM NUMBERIDESC CHANGE ORDER (2►12 RCP AND MH ESTIMATED QUANTITY ITEM DESCRIPTION OTY UNIT COSTS UNIT LABOR EQUIP MATERIAL SUBCT. JOTFaCtorILABOR TOTAL COSTS EQUIP MATERIAL SUBCT MISC LABOR UTILITY GREW (1/2 SHIFT MODIFYING INLET AND MH) MATERIAL EQUIPMENT AIR COMPRESSOR FOREMAN TRUCK SUBCONTRACT 5 5 5 16% S 205.21 S 1845 5 2573 $ 22090 @ 15% $ 1.02605 $ 9225 S 12865 $ 15% S HR S - SUBTOTAL $ 1,433.99 S 1,43399 100% S HR HR TOTAL $ 1,44833 BID ITEM �IUTAl.5 . .mow Aso o cc v av + - TOTALLASOR TOTAL MATERIAL TOTALSUSCONTRACT TOTAL EQUIPMENT LABOR MARK -UP MATERIAL MARK -UP EQUIPMENT MARK -UP SUBCONTRACT MARK -UP PERFORMANCE BOND DAYS ADDED TO CONTRACT 0 DAYS 5 1,02665 5060 S - $ 22090 S 1,026.05 @ 15% S 15391 S - a 16% $ - $ 22090 @ 15% $ 3314 $ 15% S S - SUBTOTAL $ 1,433.99 S 1,43399 100% S 1434 TOTAL $ 1,44833 BID ITEM TSC Crew Makeup Crew Codes: VEGREN - VEGREN Seg T ,, Q Employee SortName Hir Clas Payroll Des c HR Position ±qtR to EffectiveDate DailyRate 100 Crew: VEGREN RENE VEGA 1 4305 VEGA. RENE A VEGREN 6/20/2011 3 FOREMAN FOREMAN -UT 26.36 6/20/2011 349.32 2 4243 AGUIRRE MARCO A AGMARC 5/4/2011 150 FLAGGER - 150 FLAGGER 10.00 51412011 110,00 3 4308 ARREOLA, JESUS ARRJES 6/20/2011 342 CRANE/BACKHOE OPERATOR - 342LEADMAN 1350 6/20/2011 148.50 4 4310 ARREOLA -VERA. RUBEN ARRRUB 6/20/2011 175 LABORER (UTILITY) -175 UTIL LABOR 1200 6/20/2011 132.00 6 4472 PUGA, FABIAN PUGFAB 9/6/2011 172 LABORER (COMMON) -172 LABOR 10.00 902011 110.00 i 4427 RAZO- GARCIA. EFRAIN RAZEFR 8/18/2011 172 LABORER (COMMON) - 172 LABOR 1000 8/18/2011 110.00 8 4306 VEGA- ARREOLA. ADAN VEGADA 6/20/2011 369 FRONT END LOADER OPR. - 369 LOADER OPR 1450 612012011 159.50 9 4309 VEGA- ARREOLA. RAMON VEGRAM 6120!2011 342 CRANE/BACKHOE OPERATOR - 342EXCAVATOR 17.00 612012011 187.00 10 4307 VERA. ALFREDO VERALF 612012011 342 CRANE /BACKHOE OPERATOR - 342EXCAVATOR 14.50 6/20/2011 159.50 1,465.82 2 Texas Sterling Construction Co. Page 1 01/27/12 0113:15 pm C:1Documents and Set@ngsligi16s1Local Se tingslTeMOTSCCrewMakeup rpt Rental Rate Blue Book - Air Compressors - Pot Rotai SL: o\ Air Compi-cssoi-s - rvii Pal- I (W I Oitir -- Rotary Screw Air Compressors FlIt" sdaY -JaP 26, 2012 Miscellaneous Models Size Class 125, - 249 cfm 125 - 249 cloi Configuration for Portable Rotary Screw Air Compressors Power Mocie, Oiesol Air l)efivery Ralmo 145 Ova Rated PreSSWO l� PSI 125 Hofgepower 00.0 Blue Book Rates Rate Erfeckva Oales: 0 Always Use Current Ratp, printablif jrjpor" " f INA Rate is equal lo thernorility divide? by 176 jims the rioudy estimated operating cost Ownership Costs Estimated Operating Costs I FHWA Rate "I monthly Weakly Daily Hourly Hourly I Hourly PliblWied Rales 673500 $20500 $51 00 $8.00 $14,701 66 Adjustments Region [Texas. 89 8%) -$7497 Model Year (100%) Total; Fof detfls, soo Pate Elefliefu AlloCaUrin Default Settings Model Year Please Soled Region Texas M Canadan Regions Alaskan Regiens User Defined Ovrw-lship IGO 0 % Oppja6nq % - $209$ -$5 20 - $0 8? $14,701 Rate Element Allocation Eltiment Percoutaga val"(1 (avvnprrnip ?CV, $191 101 mo Overfilkil (cv,41CIS111fil C,3ne. $463 05 mo Cl-"(,' (mvllefshipi 4 $2U 40 mo Jndirec. {ovmer5h p) ts! 45 mu) Foot tOperatmg) + p S3 11) $10 92; to Pqvised Date Ist I ti)jf 20 1 , Al 1`1 -6/201 2 Configuration for On-Highway Light Duty Trucks Po Morlo Diesel Cab Type Crew Axle Configur 02 Vijfl Raling Horsepo%ver 3409 O Equipment Details Equipment Q 1-1/2 TON CREW PICKUP Serial Number NIA Year of Manufaclure:2009 Notes. Flvrats: Kevin JudaJot Adjustments for 1 - V2 TON GREW PICKUP in Kevin Judalel 444 1 Rental Rate BIU0 Book , Custom Cost Evaftsator Ownership Costs Monfilly Weekly Daily Houdy pffilla0le rjuort Estimated Operating Costs FHWA Rate " , Hourly Hourly !, Puul,sbod Ratos 5911000 $26500 S13600 $1000 0 35 Adjustnimits Region (TexaS 91 4'". - If W) 84 66 -$0 M Model Year 00A J Total: 042,21 Rate Element Allocation Element Percentage valkw Dewec�am'xl Ovu I ' own,- 2 V, 53 '3V mr,, CFC 647 Or) !x',o lnmr,ry (ov�uership) S14 00 'no Fuel Xql Nlflnqp I qr I 1 a1 "7 po(v ";no i ialf Art d xr)yrqw "'M03 "'o I .Yd wko (I Ai , I It p: liQ(Joip I I tell tvvatt.' I I .co I I v H ez�t/s I I ov I ki'mcd uipniew.dii '? I t,cii I d --"2769 I S- I I oct f d 1 /2 7 " 2 () 12 LO 4411 Ln i r r rz 1 t l t P i' ill I �— l ul ( k➢ {i� � 6C1, � I k i a > ., ✓l r gg k k tp : tl I l kk� y (11 _. m .� I � ON Y 1 I i I ! t+ 1 ' L - ;1,;. TEXAS STERLING CONSTRUCTION CO. Bryan Conner Staff Engineer CH2M Hill 210 S, Cafancahua, Suite 200 Corpus Christi, Texas 78401 lke� Change Order 16" Gate Valve Sta. 39+33.6 City Project No. 6489 & 6490 Please refer to sheet 97 of the Kosto;ryz Rd. Phase 1 contract documents. The plans called for (2) 16" Butterfly Vailves w1l3oxes at Sta. 3 The 16" butterfly valves were submitted and approved on March 21, 201 . Texas Sterling was directed by the City of Corpus Christi Water Department to install Gate Valves in lieu of butterfly valves. The (2) 16" Gate Valves were installed and paid under bid item E-1 1 16" Butterfly Valves, The (2) 16" butterfly valves; were purchased prior to direction by the city to install 16" Gate Valves, Attached is a change order for the material associated with the 16" Gate Valves. The previously purchased butterfly valves are being stored in the construction yard and are availble for the city to pick up. Project Manager Texas Sterling Construction, Co. PAVING - RRIDGES - LIGHTRAIL - SEWER - WATER 20810 FERNIJUSH - I-IOUSTON, -FAX (281)821-'A)95 An Opportunity Empt0j'er. PROJECT KOSTORYZ PHASE 1 B 2 CITY OF CORPUS CHRISTI ITEM NUMBERIDESC CHANGE ORDER 16' GATE VALVE STA 39+33 6, 4.5 LT & 131' LT ESTIMATED QUANTITY n.t.. Prann 1 31 17 ITEM UNIT COSTS TOTAL COSTS DESCRIPTION OTY UNIT LABOR EQUIP MATERIAL SUBCT O T FaCOt LABOR EQUIP MATERIAL SUBCT MISC. S LABOR MARK -UP S - a 15% 5 - MATERIAL MARK-UP $11.93300 @ 15% LABOR MATERIAL 16' GATE VALVE EQUIPMENT SUBCONTRACT 2 S - 15% S 5.966 50 SUBCONTRACT MARK -UP S 15% $ 11,933 00 S - SUBTOTAL $ 13,722.95 EA 100% $ 13723 PERFORMANCE BOND TOTAL S 13,880 18 DAYS ADDED TO CONTRACT 0 DAYS TOTALLABOR 5 - TOTAL MATERIAL 511.933 00 TOTALSUBCONTRACT S - TOTAL EQUIPMENT S LABOR MARK -UP S - a 15% 5 - MATERIAL MARK-UP $11.93300 @ 15% S 1,789.95 EQUIPMENT MARK -UP S - 15% S - SUBCONTRACT MARK -UP S 15% S S - SUBTOTAL $ 13,722.95 S 13.722 95 100% $ 13723 PERFORMANCE BOND TOTAL S 13,880 18 DAYS ADDED TO CONTRACT 0 DAYS TITAN PIPE & SUPPLY COMPANY, INC. P.O. Box 2684 Corpus Christi, TX 78403 (361)241- PIPE(7473) (361)241 -7471 fax Name /Address TEXAS S'T'ERLING CONSTRUC'T'ION 20810 FERNBUSI I LANE HOUSTON, TEXAS 77073 Estimate Date Estimate # 1/31/2013 201633 Project: Description oty Cost Total 16" 7571 MJ R!S GATE VLV 01. IJACC 16" STARGRIP Ml- GA -l.UG PVCPK-4016 CC2 LAST IRON VALVF BOX 2 4 2 5,505.00 199.75 62.00 11,010.00 799.00 124.00 Subtotal S11,933.00 Sales Tax (0.0 %) $0.011 Total $11,933.00 u. . °.:. p ;. ,... _.. _ „ „,.,... _,a _. ..., ._ r AAi.. TEXAS STERLING CONSTRUCTION CO. January 24, 2013 Bryan Conner, P.E. Staff Engineer CH2M Hill 555 N. Carancahua Tower II Ste, 310 Corpus Christi, Texas 78401 Re: Change Order 12x8 Tee Phase City Project No. 6489 + +6 E^�� Currently there is no 12x8 tee pay item for Phase 1. A 12x8 tee was required al A ' Aw 1A If you have any questions or need further assistance please call me at (225)247-5653. Project Manager Texas Sterling Construction, Co. cc: Zacts Jasso, Manuel Hernandez Kira &Iual Qppo•fuod y Anipiqyer 7 = { 1 z G n 11 STX 40+ .O LOW Po �f g, .. u_ LOGY Pl1t6f) (LI) 34.54 .30.658 O.S4 ; (af c i I g 3 —., � C+ydl 441 73 t �.t 3 � M .m.._._.. ., —. 6 ^'L_...._::._... , 3tL 31.26 31W I STAI 42+25.0 31.14 3.28 31.14 I e � p v I � riw t 4 .v S� 77_ . jj � °° � '°jg'� ' ,qq 0 y { Connef, Bryan/CRP Bryan, Please see the attached Change Order for the TS&V's located on Kostoryz Rd. It you have any questions after review please give me a call. Texag Sterling Construction co Jonathan Gillis Ho-us-L-o-n-TY.1-N-73 Wk 2 -9 f"ix: TEXAS STERLING CONSTRUCTION CO. 9��$ 1 Bryan Conner Staff Engineer CH2M Hill 212 &C .0 ra mAwag= 111019TOMIMM. U11.9wrefdolm i 0 ii I I smyjailtolmoll omm [�=l lilliq ilyllim Jill! lilll!! 111!111 -1111 111 1 11 ", Co. PAVING- UIUDGUN- IAGIITRAIL EWER • WATER 20810 FERNHUSli , HOJUSTON,TEXAS 77073 - (281) 82 14091 � FAX (281) 821-2995 /Ja &jmvt (*Yvaunfly 1� fll PO Box 66544 HOUSTON, TEXAS 7'7256 (7131602-74;54 PH JOBS) 83"810 PAX , rexas Sterling Attn: Kostoryz Prolect - Phase r 1101' TAP MI Y. WORK IS MIPLETE ANO ACCZPTED UPON SOCCESSPUL TAP� WAVER MAIN 01) CIAS N07' ti ,EN V)"RIPIM ASSUM*S COUIVId SPECIPfCATION5 Soxvice Guarantea. mickle Siervica wJ11 Lie prosen to Joetall tith p o d V d. pr pri Le mo�erials within 4811ts or retItlest statrid dead t4mv of !;Ieavo/valve) , ox will provide Jot prico cree PrIgIng Otlaxontoo. Mi elk le 3orvice wM match tarty logit-imate written compotitive proposal. Provide single mobillzai.iort, labor', rnaLctrial, and equi.ptrient to ma Pe hot taps on AC, ITT, Cf, or PVC Pipe, Tm-q 2 -ua-r '-(. I—L Y COS L ToLa I 12x6 T a $1,8()0 $14,400 12x8 TS&V 5 $2 300 $11,500 $25,900 LIPt-R4K, (A) Fervk.o may Ler the at anVti-me, in J)ArLicutar if crew duc�ii noL balieve thou the tali can bo made Without rinking dantage 1:0 W41.ar eto, or if conditionat . unsafo to perform work trice chartjes appiv in thl'i C. (fi) Ilickie. Service toiLl u4o Appropriditoly trained urt-wn and wail rmintainod equipmont; howovor, we cannot qmtront(re covpon relrieval or Char damage to the existing water main, will not wcur during 5tandard tapping procedores, Cm i's r faatirliCi.t For providing micitie Service Witt) tyllo of material auld Ai .!O, of pipe to be tapped, olong wiLb of t4ji. (D) Cuntomer to provide all equirment /labor rroceanAry to qet in/orvt/poni tioned JW excavation (W mickip Service its not re'sponalble it WI(Ov line 1e1 n0( active, or Wrong tLike is topped, Or tap pouition does not iflect apocifirationn 0,tc, M CuitLomor fit ceqpou%lble for providing Miokio Rervice with accurAie spcici ric� information ro, (),',) rd i tiq 4100ve arld Sleeve: ?Aj, 3 , Upoxy4S400l al)d VdIve. open righL/open to (G i WoLl. to be partormer! at mutually aqr tims [it) coo and ra3pon*ibi lit iea do not IncludIft: - i . F'oq'i "eri 11c) L+. ConLro] c; Thrust blocking, Valve !RackM boK, Linc r:Ie-tn d. Flackfill, roirfaco, reestaartiirars Q. Any pormLL9 or fees f. whodulinq 1nvpcctjQn AMIT OF PROPOSAL - 'she . pricei, si, ind cdftdiLiori* arc You are do th#r" 'Aork ;as paymutIL iat4s6actory and are hereby acrepte , oil) be made as 0"Iti abo Signature:_ PO o ', ' TEXAS 77266 (713) 02.7464 PH (088) 832-040 FAX Aff 9, Wait. time and/or trafilitig, SdfOLY, 01 ULhrur lclanddU.IrY Crt'w t'eIrjUir0$fiVnt-s m ACCEP*fAN(,'E Q[® PROPOSAL - ritc dk,)ov(- p'i-cep, and t-unditiunq art %atisfact,ory and are ht'reljy accepted. You tire authorlec-d W do Lhoi: wDYR 15 NPOCJ,fikrod. Paymont will be made an outliAtud gWCWP. 'Siqrtaturu'. [late of P01 0ox B6544 HOUSTON, TEXAS 77255 (M) 689-7464 PH 000) 83588114 FAX Ay'nainum. mm6s�Wlafful_ Texas Kerling Attn: Kostoryz Project - Phase; 2 110T (-Ap 001,y. WORS is Ca4N.P.T AUD AccFpjED lboV SUCC TAP. IVATFR NAZN 00 UAS NOT FIREI-i VERIF'IRD, ASSUMBS COH/Brd SPEC tj 8*Xv,L00,QujW4ntQQ: tkjjckjrj , ;pr-vjco to ill, tamer present, to install' with appropriaco mawrnitr within 48hrs or request, Wter stated load time of ajoevelvalve), or Wjjj provi,de 101, prioe credit. prj,c,Ln Amrant": MiCk4e 5et'ViC01 will liar;ch arty JVg1riMato written corl[it-tit vi R Pr0P0.';a l, provide single Mobilization, labor, waLerial, and equipmenU to make hot tapS on /AC, 01, CT, or PVC pipe. Mpg quariLity Can It, Total 120 TS&V 3 $2,300 $6,900 $6,900 KQW; (AI flickle Sprvtce May to•minate the cent ract/nbl igat ion at any in, particular il crew d oes Ru t b that the top Qair be made without rWinq damage to water main /ma Larial kqa1ptmont QLC­ or it conditions are unsafe to perform work (Ro charges apply in Lilts casel. IRE Mickle Service will use appropriately trained crewn and stet.! maintained equipment; however, we cannot gludranLOO COUPOn retelOV01 or that dairkage Lo the exiltinij Watur maim will not onvUr during standard tappinq procedures WE Customer is ralpansible for providinq NOW Survice with typo of maverial And We at pipe to he tapped, aLang with locationtpooLtIon of tap. IN Cusumer to provide all equil)(ftont/latior necessary to get mWerLalataquipment; injot,ji itioned In excavation HIE Mickie SexvLae is not responsible ! f waLur We 15 not active. or wrong Lino is tappod, or tap position does not Meat OPOWWati0fill Otc. WE Cuattmer in responsible lot providina flickie Service with accucato SpOcificati011 WoLmaLion regarding sleeve ana value, (a,q.1 sleeve: HJ, 68, EposyjSLool and valve: upon right/open ieft ME Work to be performed at mutually agreeable tiews 00 Cant And responaLbilities do not WuJudol " Crigineuring W RxcavatLon/Bho ring /Tract tic Contra] f" Thrust blocking, Valve BtaukfA box, line tie d. oackrill-, surface rest-araLiow 0, Xny permits or COOS C. scheduling inspection ACCUPTANCE OF PROPOSAL - The above prices, SpeAfRaLlanS and conditions are Ratisfactory and mup he-In Qdp Yoij aj, Authetizeil Lo do (Ato work as specifted, Paymeu� will be VvildO as 01A01) t SlqmLur(1j'. Date of • Box 56644 HOUSTONJEXAS; 71265 013) 0024464 PIN (0001032-8018 FAX q, Waiting time and/or training, safety, or other mandatory crew requirpumnu MM ACCEPTANCE OF PROPOSAL -- The above Prices, spT&ACALLOnA And candii:ionk are saWnfarLory and are hereby accepted. You are aucnorixod; to do tho work as sped tiod. Payment will bf) made As outlinod 840vo. 8 i gna ture. Daft -, of Acceptance: MTN • Box 56644 HOUSTONJEXAS; 71265 013) 0024464 PIN (0001032-8018 FAX q, Waiting time and/or training, safety, or other mandatory crew requirpumnu MM ACCEPTANCE OF PROPOSAL -- The above Prices, spT&ACALLOnA And candii:ionk are saWnfarLory and are hereby accepted. You are aucnorixod; to do tho work as sped tiod. Payment will bf) made As outlinod 840vo. 8 i gna ture. Daft -, of Acceptance: TEXAS STERLING CONSTRUCTION CO. January 31, 2013 Bryan Conner Staff Engineer CH 2M Hill 210 S. Carancahua, Suite 200 Corpus Christi, Texas 78401 Re� Change Order AT&T Vault Removal Sta, 32+33 City Project No. 6489 & 6490 Please refer to sheet 23 of the Kostoryz Rd. Phase 1 contract documents, Currently there is a concrete vault with water valve located within the proposed pavement section at Sta. 32+33, This vault is no longer in service. Texas Sterling is proposing the concrete vault be removed and the abandon line be cut and capped at the right of way, Attached is a change order for the removal of the box to accommodate the installation of the proposed roadway section. 32MEEMM= r �" oject Manager Texqs Sterling Construction, C9. PAVING - BRI DGES - LIGHTRAI L • SEWER - WATER 208 10 FERNBUSK - HOUSTON, TEXAS 77073 - (281) 121- t1 I - FAX (281) 821-2995 do t�-ptal Opporhmi4 E'mplerivr PROJECT KOSTORYZ PHASE 18. 2 CITY OF CORPUS CHRISTI ITEM NUMBERIDESC CHANGE ORDER REMOVE AT&T VAULT STA 32 +33 ESTIMATED QUANTITY nom.. Prom -stud 1 141 1 a ITEM UNIT COSTS S TOTAL COSTS DESCRIPTION OTY UNIT LABOR EQUIP MATERIAL SUBCT O.T Feaar LABOR EQUIP MATERIAL SU8CT M(SC 15% S 75 OD 5 - SUBTOTAL S LABOR UTILITY CREW MATERIAL 100 PSI CEMENT STABILIZED SAND EQUIPMENT 416 BACKHOE FOREMAN TRUCK SUBCONTRACT TRUCKING 10 t 5 10 10 10 @ S 20521 S Z7 30 S 2573 S 1900 8 SD 00 S 205210 $ 27300 S 257 3D S 28500 S 50D.00 HR TN HR HR HR IlwlmLo TOTAL LABOR TOTAL MATERIAL TOTALSUBCONTRACT TOTAL EQUIPMENT LABOR MARKUP MATERIAL MARK -UP EQUIPMENT MARKUP SUBCONTRACT MARKUP PERFORMANCE BOND DAYS ADDED TO CONTRACT 0 DAYS S 2,05210 528500 S 500 00 $ 530 30 S 2.052 10 15% S 30782 S 26500 g 15% $ 42 -75 S 530 30 15% $ 7955 S 500.00 15% S 75 OD 5 - SUBTOTAL S 3,97251 S 3.672.51 @ 1 on $ 3873 TOTAL S 3.91124 B0) ITEM Seq—, " SortName HireDate Class aay �I[Qesg HR Position tLd �Rale EffectiveDate Clad) Rate 100 Crew: VEGREN RE #E VEGA 1 -130-5 VEGA, RENE A, VEGREN 612012011 3 FOREMAN FOREMAN-UT 26-36 612012011 349.32 2 4243 AGU RPE, MARCO A AGMARC 51412011 150 FLAGGER - 150 FLAGGER i0.00 5,1 110.00 3 4308 ARREOLA, JESUS ARRJES 6111 342 CRANEIBACKHOE OPERATOR - 342EADMAN, 13.50 612MO 11 1118,50 4 4310 ARREOLA-VERA, RUBE N ARRRUB 6120/21311 175 LABORER (UTILITY) - 175 UTIL LABOR IZOO 612012011 132 GO 6 5 4472 PVGA, FABIAN PUGFAB 91S 1 172 LABORER (COMMON) - 172 LABOR 10.00 91EY2011 110,00 7 4427 RAZO-GARCiA, EFRAIN RAZEIFR 8111812011 172 LABORER (COMMOX11- -172. LABOR 10,00 811812011 110.00 8 4305 MEGA-ARREOLA, ADAM VEGADA 612012011 369 FRONT END LOADER OPR, - 369 LOADER OFIR 14.50 612W011 159,50 9 43(T9 VEGA-ARREOLA. RAMON VEGRAM WWI 342 CRANE/SACKHOE OPERATOR - 34 'CRIt"AT R 17,00 612012011 187,00 10 43�ri • VERA, ALFREDO VERALF 6i'2012011 342 CRANEIBACKHOE OPERATOR - 342EXCAVATOR 14,50 6120r4i0l 1 159.50 C> - Z-1 2 Texas Sterling Con truc6on Cc, Page 1 01127112 01:13.15 pm CftDIccuments and SetbnoslIgillislLocal SetffngsNTernpkTSIakeup,rpt invoice Number: 1446671, invoice Date: 10/31/12 i)age: I Terms of Sale: NET 30 DAYS custowei Nurnbcv: 6184453 Tax Code: TX—INCITA TEXAS STERLTNG CONSTRUCTION 0` "GULF COAST STABILIZED MILS ACCT' 20810 FERNBUSI HOUSTON, U 77073 15620 CollectionS Centec DHvL Chicago, IL 60693 Tax ID: 76-0565948 y P-reh- - 'O"a"al �Addlm ��I 0 ff �O 3 - �OR17�111A�IIAR 3_1 �17KO 'I, �I s 131 GeStA 21 13ral�CCr Thl InvalOO W aril 13d b) the turill -jet follh in the 0 tnfit AppTl c;aficml ilrOf1j; Gul kil M I ta rm% and C' and kruo, Ot Safe, W Way as WtY adeflowif tomts and "."Adkins mllame(j in ilia Ountation or O;dur AcknoWedgemoit Any addikunal ol ditfuleril teen pfjpo,ed by BuyLf are hereby deLROnj lo bbl a ;tftcrab(jrj aittl a r, ni1reby rbjecied to Ml/li Rental Rate Blue Book- Wheel Tractors - Tractor- Loader- Back - Caterpillar - 416 SERIES 11 (disc. 1992) 11actrwi 5 Welccim,!, BUY or Rental Rate Blue Book rvvdwl�, i Size Class: 14' to Under 15' 14' to Under 15' Weight 14,020 lbs. 0 4:1�1 Q0 Piaw at wde Diesel Drive! Loader bucket Capacity--Heaped 1,00 Gy Backhoe slick Not HorriethOW or: 62.0 Operator Proleatiow Equipment Bales: iiiufidm. Goreral PUpose Wdo buckGl, backhoo bistketawj RODS, Unless wherw isc nulk"CL 4WD Extemedabie EROPS Value Rate Effective (Dates: AKv ays We Current Rate 38% feferaLla fep FHWA Rate is equal to the nronthty ownership cost divlead try 176 pkirs the houdy es1knated operating cost. 44% $893,20 t no ownership Costs Ill Estimated Operating Costs FMA Rate M ontlity Weekly Daily Hourly Hourly Hourly Published Pares $2,030.00 S570M 5145.00 $22.00 $17.0 $28,58 Adjus trill erats Raglan (Texas: 8&9%) -$225.33 463.27 416.10 -52A4 tviedel Year 1 160 %) Ow nership (100%) Total: S1,004.67 $506.73 $128.90 Siam For details, see Raw Boroml Alocaton Detautt sellings, Texas Cwu3dTaii Pegron5 AfaNkan RegigNit User Defiried ()WIleluirp 100,0 % Operating % Bomard, Percentage Value befeeclation (ownership) 38% $771 .40 1 nio Overhaul (ow riwship 44% $893,20 t no CF'Clownershipf 7% $142. iro lild,rect (nave nership) 11% $223.36 i rro Friel (owaLing) @ S413 54% $9. fir Revived Date Nd lbif 2012 AM rall"!r1al Copyrigm tic, All Pqhis,w i�wvod (15�0.11 �Ib An-d-PrinnArt= Mrntp.n rwk-MPP.I + TrAr-.lnrs&qubTweId= 31 &subTwe=Tractcr- Loader- BaMioes&rnanufactur 1/1 hiventory AdJUSMICIIIS Si4o Class: Mo HP & Over 300 HP & Over Page I of' I Jan 27. 2012 Adjustments for 1-1/2 TON CREW PICKUP in KOVID JUdalel Rental Rate Blue Book I Custom Cost Evaluator printable report Ownership Costs Monthly Weekly Daily Hourly Pubfishad Rates $04000 $265.1io $0,0.00 $1000 Adjustments Region (Texas: 91 4%) -$80 Era 42270 •$5 6H -$0.86 rilmles Year (100%) Ownership (100%) Qp�jpjlq � I o0) Total: i85g.18 5242.21 �60- S9A4 Rate Element Allocation Element p opre-daflun (Uvocefstvp) , Overhaul (ownership) �CFG (ownersto) Fuel topetalint)) C $4 11 Rovised Date: 2tid Half 20 All material herew Copyright O 2003-2012 Penton Media, Inc Alt Rqhts reserved Emak custcjt 5 20`3 Estimated Operating Costs FHWA Rate Hourly Hourly $20 85 $26 W i Q% $94 001 mo Percentage Value 58% $545 20 mu 27% $253 801 mo 5% $47 00 o rao i Q% $94 001 mo 80% $ tiS 77; fir littp:lleqLliptilellt%,VLItCll.COIIIII"leetl liowl-)efiiie(lEcltiil,iiiieiit fleetld=39— 1/27/2012 k IL To: Engineering Services From: CH2MHILL City of Corpus Christi 555 N. Carancahua Tower 11, P.O. Box 9277 Suite 310 Corpus Christi, TX 78401 Corpus Christi, T. 78401 Attn: Kenneth Kaper Date: March 4, 2013 Re: Kostoryz Road Improvements, Phase 1 from Home to Sunnybrook Rd. with Brawner Offsite Drainage (t 89) We Are Sending You: Method of shipment: Attached Under separate cover via Shop Drawings Documents Tracings Prints Specifications Catalogs Copy of letter Other: Quantity Description 4 Change Order No. 11 r� Remarks: For Approval Copy To: Signed: DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET April 3, 2013 PROJECT: Kostoryz Road (BOND ISSUE 2008) Phase 1 from Horne to Sunnybrook (Project No. 6489) Phase 2 from Sunnybrook to SPID (Project No. 6490) APPROVED: City Council Motion No. 2011 -031 on January 25, 2011 CONTRACTOR: Texas Sterling Construction Co. 20810 Fernbush Lane Houston, TX 77073 TOTAL CONTRACT AMOUNT $10,244,299.50 Motion No. M2011 -031 25% Limit Amount 2,561,074.88 Change Order No. 1 (April 14, 2011) $0.00 Administrative Approval Change Order No. 2 (July 19, 2011) 216,100.85 Motion No. 2011 -158 Change Order No. 3 (November 10,2011) (18,698.20) Administrative Approval Change Order No. 4 (January 31, 2012) 72,407.21 Motion No. 2012 -025 Change Order No. 5 (May 17, 2012) 48,722.71 Administrative Approval Change Order No. 6 (May 30, 2012) 43,105.50 Administrative Approval Change Order No. 7 (May 30, 2012) 45,883.30 Administrative Approval Change Order No. 8 (July 30, 2012) 44,629.05 Administrative Approval Change Order No. 9 (July 20, 2012) 28,150.12 Administrative Approval Change Order No. 10 December 4, 2012) 49,245.00 Administrative Approval Change Order No. 11 508,077.63 Motion No. 2013 - TOTAL All Change Orders $1,037,623.17 10.12% < 25% KAEngineering \LEGISTAR \2 - April 23 \Kostoryz Road \CHANGE ORDER SUMMARY - Kostoryz Road.doc CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his /her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: May 28, 2013 Agenda Item: Motion authorizing the City Manager, or designee, to execute a Change Order No. 11 with Texas Sterling Construction of Houston, Texas in the amount of $508,077.63, for the Kostoryz Road Improvements Phase 1 from Horne to Sunnybrook and Phase 2 from Sunnybrook to SPID. Amount Required: $ 508,077.63 Fund Name Account No. Fund No. Org. No. Project No. Amount Street CIP Bond 2008 Fund 550910 3546 00000 170126 $27,333.66 Street CIP Bond 2008 Fund 550910 3546 00000 170121 $323,149.46 Storm Water CIP 550910 4529 00000 170126 $28,334.33 Wastewater CIP 550910 4248 00000 170126 $34,580.00 Water CIP 550910 4089 00000 170126 $30,990.18 Water CIP 550910 4089 00000 170121 $63,690.00 Total $508,077.63 ❑ Certification Not Required Director of Financial Services Date: S C �a ©°� AGENDA MEMORANDUM ,CORPORA Future Item for the City Council Meeting of May 14, 2013 1852 Action Item for the City Council Meeting of May 28, 2013 DATE: April 5, 2013 TO: Ronald L. Olson, City Manager FROM: Valerie Gray, P. E., Director of Streets and Storm Water Services ValerieG @cctexas.com (361) 826 -3729 Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 Engineering Design Contract Lifecycle Curb and Gutter Replacement CAPTION Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Engineering and Construction Management Services from Corpus Christi, Texas in the amount of $73,150.00, for Lifecycle Curb and Gutter Replacement. PURPOSE: The purpose of this Agenda Item is to authorize services required to develop bidding and construction documents for the Lifecycle Curb and Gutter Replacement Indefinite Delivery /Indefinite Quantity (IDIQ) Program. BACKGROUND AND FINDINGS This contract includes the preparation and development of the necessary Indefinite Delivery/Indefinite Quantity (IDIQ) construction documents for the Lifecycle Curb and Gutter Replacement to include preparing bidding documents and delivery orders to support year one of the IDIQ program. This is an ongoing project where damaged, rolled and failed curb and gutter is removed and replaced along with associated pavement repair throughout the City. In addition to improving drainage, areas considered hazardous to vehicular or pedestrian traffic will receive priority. This project will address problematic areas on a yearly basis as funding allows. Curb replacements shall be designed to exceed a 20 -year service life. The construction documents shall be prepared as a one -year base contract along with three (3) additional annual renewal options. ALTERNATIVES 1. Execute a Contract for Professional Services with Engineering and Construction Management Services as proposed. 2. Do not execute Contract for Professional Services with Engineering and Construction Management Services as proposed. OTHER CONSIDERATIONS Construction observation is included in this contract. Construction documents will be developed for project bidding in July 2013 with construction to follow in September 2013. CONFORMITY TO CITY POLICY Engineering and Construction Management Services LLC of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2012 -03 Bond Issue 2012 and CIP Projects, dated August 31, 2012 EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES Storm Water Department FINANCIAL IMPACT ❑ Ooeratina ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS Line Item Budget $0.00 $600,000.00 $0.00 $600,000.00 Encumbered /Expended $0.00 $0.00 $0.00 Amount This item $73,150.00 $0.00 $73,150.00 Future Anticipated $525,000.00 $0.00 $525,000.00 Expenditures This Project BALANCE $0.00 $1,850.00 $0.00 $1,850.00 Fund(s): SW 02 Comments: RECOMMENDATION City Staff recommends the approval of Contract for Professional Services with Engineering & Construction Management Services LLC. LIST OF SUPPORTING DOCUMENTS Project Budget Location Map PowerPoint Contract PROJECT BUDGET ESTIMATE Lifecycle Curb and Gutter Replacement E12143 PROJECT FUNDS AVAILABLE: StormwaterCIP .................................................................... ............................... $ Project Total $ FUNDS REQUIRED: Construction ( TBD) ................................................................ ............................... $ 480,000.00 Design Fees: Engineer ( ECMS) .................................................................. ............................... $ 73,150.00 Geotechnical Study and Testing ( TBD) ...................................... ............................... $ 9,000.00 Reimbursements: Contract Administration (Contract Preparation/ Award/ Admin) ......... ............................... $ 6,000.00 Engineering Services (Project Mgt//Traffic Mgt Services) ............... ............................... $ 24,000.00 Finance............................................................................... ............................... $ 3,000.00 Misc. (Printing, Advertising, etc.) .............................................. ............................... $ 3,000.00 TOTAL ................................................................................ ............................... $ 598,150.00 ESTIMATED PROJECT BUDGET BALANCE ............................. ............................... $ 1,850.00 councilexhibits \ exht 72 143. LOCATION MAP NOT TO SCALE PROJECT #E12143 Lifecycle Curb and CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS Gutter Replacement DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES 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 of Engineering Services) and EngineGring Engineering & Construction Management Services, LLC. a Texas corporation, 5001 Oakmont Drive, Corpus Christi, Nueces County, Texas 78413, (Architect/Engineer —AIE), hereby agree as follows: 1. SCOPE OF PROJECT Lifec cle Curb and Gutter Replacement ro'ect no. E12143 — This is an ongoing project where damaged, rolled and failed curb and gutter is removed and replaced along with associated pavement repair throughout the City. In addition to improving drainage, areas considered hazardous to vehicular or pedestrian traffic will receive priority. The Fiscal Year 2012 -2013 work consists of the removal and replacement of approximately 7,000 linear feet of curb and gutter, 7,000 square feet of driveway approaches, 3,500 square feet of sidewalks, 400 square feet of ADA curb ramps and 3,000 square yards of pavement repairs. 2. SCOPE OF SERVICES The AIE hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, AIE will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A-11", to complete the Project. Work will not begin on Additional Services until requested by the AIE (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be "Services for Construction Projects " - (Basic Services for Construction Projects ") which are shown and are in accordance with "Professional Engineering Services - A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The AIE agrees to begin work on those authorized Basic 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 AIE and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit " A " . This schedule is not to be inclusive of all additional time that may Contract for Engineering (AIE) Services Page 1 of 3 KAENGINEERING DATAEXCHANGE6ANGIEMISTORM WATEME12143 LIFECYCLE CURB AND GUTTER REPLACEMENTIAGENDA ITEW CONTRACT PROFESSIONAL SERVICES.DOC be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the A/E 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. AIE shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B ". 5. FEE The City will pay the A/E a fee, as described in Exhibit "A ", for providing services authorized, a total fee not to exceed $73,150.00 (Seventy Three Thousand One Hundred Fifty Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit "C ". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon AIE and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan. Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the A/E 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. Contract for Engineering (AIE) Services Page 2 of 3 K ENGINEERING DATAEXCHANGEANGIEMSSTORM WATER%E12143 LIFECYCLE CURB AND GUTTER REPLACEMENPAGENDA ITEM CONTRACT PROFESSIONAL SERVICES.DOC V f „ 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the Director of Engineering Services. However, the A/E may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re -use of modified plans. 10. DISCLOSURE OF INTEREST A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. CITY OF CORPUS CHRISTI Oscar R. Martinez, Date Assistant City Manager RECOMMENDED Daniel Biles, P. E., ate Director of Engineering Services OperaWtiabepartment Date APPROVED AS TO FORM Office of Management . Date and Budget ATTEST Armando Chapa, City Secretary ENGINEERING & CONSTRUCTION MANAGEMENT SERVICES, LLC. Fe ix H. Ocanas, Jrl P.E. Date President 5001 Oakmont Drive Corpus Christi, TX 78413 (361) 549 -4576 Cell (361) 906 -2477 Fax Project No. E12143 Fund Source No. 550950 - 3495 - 00000- E12143 Fund Name: Storm Water CIP Encumbrance No. ENTERED APR 1 CONTRACT MANAGERS Contract for Engineering (AIE) Services Page 3 of 3 K'IENGINEERING DATAEXCHANGE= ANGIEMISTORM WATERIE12143 LIFECYCL£ CURB AND GUTTER REPLACEMENTIAGENDA ITEW CONTRACT PROFESSIONAL SERVICES.000 I r .0 A 1 1. EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS LIFECYCLE CURB & GUTTER REPLACEMENT (Project Number E12143) I. SCOPE OF SERVICES A. Basic Services. Preliminary Phase. The Architect/Engineer -A/E will: a. Prepare the necessary bid documents for advertising the proposed construction contract. b. Assist City staff during the bidding process as may be necessary. c. Conduct and/or attend and participate in meetings with the City staff as required towards the award of the construction contract. 2. Construction 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 impacted the project. b. Review for conformance to contract documents, shop and working drawings, materials and other submittals. c. Review 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 (coordinate with the City's construction division); 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. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. h. As applicable, review and assure compliance with plans and specifications, the preparation of operating and maintenance manuals (by the Contractor) for all equipment installed on this Project. These manuals will be in a "multimedia format" suitable for viewing with Microsoft's Internet Explorer, version 3.0. As a minimum the Introduction, Table of Contents, and Index will be in HTML (HyperText Markup Language) format, with HyperText links to the other parts of the manual. The remainder of the manual can be scanned images or a mixture of scanned images and text. Use the common formats for scanned images - GIF, TIFF, JPEG, etc.. Confirm before delivery of the manuals that all scanned image formats are compatible with the image - viewing software available on the City's computer - Imaging for Win95 (Wang) and Microsoft Imaging Composer. Deliver the manuals on a CD -ROM, not on floppy disks. EXHIBIT "A" Page 1 of 5 Revised April 2010 K:1Engineering DalaExchangelANGIEWSTORM WATEME12143 LIFECYCLE CURB AND GUTTER REPLACEMENT\AGENDA ITEW EXHIBIT A LARGE AE CG 2013.doc .t f I .. I (f Review construction "red -line" drawings, prepare record drawings of the Project as constructed (from the "red -line" drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings within two (2) months of final acceptance of the project. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a. Prepare applications /estimates for payments to contractor. b. Conduct the final acceptance inspection with the Engineer. B. Additional Services (ALLOWANCE) This section defines the scope (and ALLOWANCE) for compensation for additional services that may be included as part of this contract, but the A/E will not begin work on this section without specific written approval by the Director of Engineering Services. F=ees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E will, with written authorization by the Director of Engineering Services, do the following= 1. Construction Observation Services. Provide a project representative (PR) to provide periodic construction inspection. A. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the PR and assistants, the A/E shall endeavor to provide further protection for the CITY against defects and deficiencies in the work. B. The duties and responsibilities of the PR are described as follows: 1. General: PR will act as directed by and under the supervision of A/E, and will confer with A/E regarding PR's actions. PR's dealings in matters pertaining to the Contractor's work in progress shall in general be with A/E and Contractor, keeping the CITY advised as necessary. 2. Conference and Meetings: Attend meetings with Contractor, such as pre - construction conferences, progress meetings, job conferences and other project - related meetings as required by the City, and prepare and circulate copies of minutes thereof. 3. Liaison: A. Serve as liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. B. PR shall communicate with CITY with the knowledge of and under the direction of A/E 4. Interpretation of Contract Documents: Report when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued. 5. Shop Drawings and Samples: A. Receive Samples, which are furnished at the Site by Contractor, and notify of availability of Samples for examination. B. Record date of receipt of Samples and approved Shop Drawings. EXHIBIT "A" Page 2 of 5 Revised April 2010 MEnginearing DaleExchangMANGIEWSTORM WATEME12143 LIFECYCLE CURB AND GUTTER REPLACEMENTIAGENDA ITEMQ EXHIBIT A LARGE AE CG 2013.doc C. Advise Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which PR believes that the submittal has not been approved. 6. Review of Work and Rejection of Defective Work: A. Conduct on -Site observations of Contractor's work in progress to assist A/E in determining if the Work is in general proceeding in accordance with the Contract Documents. B. Report whenever PR believes that any part of Contractor's work in progress will not produce a completed Project that conforms to the Contract Documents orwill prejudice the integrity of the design concept of the completed Project, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise City and AIE of that part of work in progress that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. C. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. 7. Records: A. Maintain orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change _ Directives, Addenda, additional Drawings issued subsequent to the Contract, AIE's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. B. Prepare a daily report utilizing approved City format, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to AIE and the City. 8. Reports: A. Furnish periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. B. Report immediately to the CITY and AIE the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the work, and property damaged by fire or other causes. C. Provide project photo report on CD -ROM at the rate of a minimum of two photographs per day, including an adequate amount of photograph documentation of utility conflicts. 9. Completion: A. Before the issue of Certificate of Completion, submit to Contractor a list of observed items requiring completion or correction. B. Participate in a final inspection in the company of AIE, the CITY, and Contractor and prepare a final list of items to be completed or corrected. C. Observe whether all items on final list have been completed or corrected and make recommendations concerning acceptance and issuance of the Notice of Acceptability of the Work. 2. Start-up Services. Previde on site sewices and V&ftat for a start if needed and required EXHIBIT " A " Page 3 of 5 Revised April 2010 K1Engineering DataExchangakANGIEWSTORM WATEME12143 LIFECYCLE CURB AND GUTTER REPLACEMENT4AGENDA ITEMR2 EXHIBIT A LARGE AE CG 2013,doc � a 3 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. 4 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 ". 2. SCHEDULE Day Date Activit Wednesday May 15, 2013 Begin Design Wednesday June 12, 2013 Interim Submittal Wednesday June 19, 2013 City Review DYO_Clnal S brn' #W City Review Wednesday June 26, 2013 Final Submittal Monday July 1, 2013 Advertise for Bids Tuesday July 9, 2013 Pre -Bid Conference Wednesday July 17, 2013 Receive Bids July 30, 2013 Contract Award . Tuesday Wednesday August 21, 2013 Begin Construction Thursday August 21, 2014 Complete Construction 3. 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 in Section I.A.1 -4, A/E will submit monthly statements for basic services rendered. In Section I.A.1 -3, the statement will be based upon A/E`s estimate (and City concurrence) of the proportion of the total services actually completed at the time of billing Fo seFV'G -- I . - -.-. ... - -- -.. ... .. ., ..— -- .. -... .-- - _..- r--•--"- City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I. B. "Additional Services," the City will pay the A/E a not -to- exceed fee as per the table below: EXHIBIT "A" Page 4 of 5 Revised April 2010 K: Engineering DataExchange%NGIEMLSTORM WATEME12143 LIFECYCLE CURB AND GUTTER REPLACEMENT4AGENDA ITEW2 EXHIBIT A LARGE AE CG 2013.doc Summary of Fees Basic Services Fees 1. Preliminary Phase (20hrs @$75/hr) $1,500 2. Design Phase (100 hrs @$100 /hr) $10,000 3. Bid Phase (30 hrs @$75 /hr) $2,250 4. Construction Phase (included in 5 below) Subtotal Basic Services Fees $13,750 Additional Services Fees (Allowance) 4. Permit PTepafa# Gn - -- 2 C QVV Anri iic+"irtn C wv-ey - -- 3. T-opegmphim Survey and-I Ram-e- ID86Griptions --- A Environmental issues - -- 5. Construction Observation Services(12x22x3x$73) $59,400 6.. Start-up SeNiGes 7. Warranty Phase (included in 5 above) -- -- Sub -Total Additional Services Fees Authorized $59,400 Total Authorized Fee 73,154 EXHIBIT "A" Page 5 of 5 Revised April 2010 K kEngineering DataEnhangMANGIEMISTORM WATER1Ei2143 LIFECYCLE CURB AND GUTTER REPLACEMENTIAGENDA ITEM52 EXHIBIT A LARGE A£ CG 2013.doo k r EXHIBIT "A -1" TASK LIST (Provides supplemental description to Exhibit "A ". Exhibit "A -1" Task List does not supersede Exhibit "A. ") CITY OF CORPUS CHRISTI, TEXAS LIFECYCLE CURB & GUTTER REPLACEMENT (Project No. E12143) Basic Services (See Exhibit "A ") Additional Services: CONSTRUCTION OBSERVATION SERVICES 1) Provide construction observation services as authorized by the City in accordance with Exhibit 'A' of the Contract for Professional Services. 2) Conduct daily site visits to the project site during construction. 3) Prepare monthly reports and submit to City staff as required.. 4) Provide detailed coordination with City staff during construction. 5) Coordinate construction activities with materials testing laboratory. PUBLIC INVOLVEMENT PHASE 1) Assist the City in preparing notices, handouts and exhibits for public information meetings. 2) Assist the City in conducting the public information meetings. 3) Assist the City with follow -up and response to citizen comments. 4) Revise contract drawings to address citizen comments, as directed by the City, WARRANTY PHASE Upon receiving authorization from the.Cityto proceed, conduct 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, correct or replace improvements under the maintenance guaranty terms of the construction contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action. s Page 1 of 1 EXHIBIT "B" INSURANCE REQUIREMENTS Insurance Requirements A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance with applicable policy endorsements, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies (except Workers Compensation /EL and Professional Liability), and a blanket waiver of subrogation is required on all applicable policies (except Professional Liability). TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation, or Bodily Injury & Property Damage reduction in coverage or limits required Per occurrence - aggregate on all certificates or by policy endorsements COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury/ Advertising InjurN AUTOMOBILE LIABILITY to include: 1. Owned vehicles 2. Hired — Non -owned vehicles UMBRELLA — EXCESS LIABI ITY Must follow form PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions WORKERS' COMPENSATION $1,000,000 COMBINED SINGLE LIMIT Per Occurrence and in the aggregate $1,000,000 COMBINED SINGLE LIMIT 1,000,000 COMBINED SINGLE LIMIT $2,000,000 per claim / $2,000,000 aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured Applicable to paid employees while on City property Which Complies with the Texas Workers Compensation Act EMPLOY LIABILITY 500,000/$500,000/$500,000 EXHIBIT "B" Pagel of 3 C. In the event of accidents of any kind related to this agreement, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, 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 (except for Professional Liability), 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. F. City shall be entitled, upon request and without expense, to receive Certificates of Insurance and all endorsements thereto as they apply to the limits required by the City. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 Fax: (361) 826 -4555 G. 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: i. Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability policies; Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City on CGL and Auto policies of any suspension, cancellation, non - renewal or reduction in coverage or limits in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. Consultant shall provide this notice to City on Workers Compensation and Professional Liability policies. H. Within five (5) calendar days of a suspension, cancellation, or non- renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this agreement. EXHIBIT "B" Pa e2of3 I. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. 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. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. EXHIBIT "B" Page 3 of 3 COMPLETE PROJECT NAME Project No. E11088 Invoice No. 12345 Invoice Date: Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting O & M Manuals SCADA Subtotal Additional Services Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $15,117 Summary of Fees $0 Basic Services Fees $0 Additional Services Fees $1,000 Total of Fees 7% 20,818 0 0 20,818 1,000 H 1,500 7% Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $15,117 $0 $0 $15,117 $0 $1,000 $1,000 7% 20,818 0 0 20,818 1,000 500 1,500 7% 0 0 0 0 0 0 0 nla 14,166 0 0 14,166 0 0 0. nla 0% 0 0 0 0 0 0 0 $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% $0 $0 $0 $0 $0 $0 $0 nla 0 0 0 0 0 0 0 nla 9,011 0 0 9,011 0 0 0 0% 29,090 0 0 29,090 0 0 0 0% 1,294 0 0 1,294 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $39,395 $0 $0 $39,395 $0 $0 $0 0% $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% 39,395 0 0 39,395 0 0 0 0% $89,496 $0 $0 $89,496 $750 $1,500 $2,500 3% SUPPLIER NUMBER TO BE ASSIGNED BYiCITE PURCHASING DIVISION City of f CITY OF CORPUS CHRISTI City 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: Engineering & Construction Management Services LLC P. O. BOX: ' U STREET ADDRESS: 5001 Oakmont Drive CITY: Corpus C hri st i ZIP: 78413 FIRM IS; 1. Corporation ❑ 2. Partnership ❑ 3. Sole Owner El 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessa7, 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 i" I Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership In the above named "firm." Name Board, Commission or Committee A] I. 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public to 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: Felix H. Ocanas, Jr. P.E. Title: President (Type or Print) Signature of Certifying Date: 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. o° SC a AGENDA MEMORANDUM NaRa ©aa Future Item for the City Council Meeting of May 14, 2013 ss Action Item for the City Council Meeting of May 28, 2013 DATE: April 18, 2013 TO: Ronald L. Olson, City Manager FROM: Valerie Gray, P. E., Director of Storm Water and Street Operations ValerieG @cctexas.com (361) 826 -3729 Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 Engineering Design Amendment No. 1 Schanen Ditch Improvements Phase 2 CAPTION Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to the Contract for Professional Services with Freese and Nichols, Inc. from Corpus Christi, Texas in the amount of $38,540.00, for a re- stated fee not to exceed $72,978.00 for Schanen Ditch Improvements Phase 2, for design, bid, and construction phase services. PURPOSE: The purpose of this Agenda Item is to authorize engineering services required to develop bidding and construction documents for the Schanen Ditch Improvements Phase 2 projects. BACKGROUND AND FINDINGS Under the original design contract, the project area included approximately 670 linear feet of Schanen Ditch from Cedar Pass Drive towards the east (upstream). This contract amendment will provide for additional design phase services and will extend the project area from Cedar Pass Drive approximately 2200 linear feet upstream to Wapentate Drive. This project will also address slope repair, slope stabilization, channel regarding, and adding concrete slope protection at the culverts upstream of Cedar Pass and will also repair several storm drainage pipe outfalls that area causing erosion of the slope embankment. The design will accommodate space for a future hike - and -bike trail along one side of the drainage right -of -way easement. The proposed improvements are in accordance with recommendations included in the Engineering Letter Report. ALTERNATIVES 1. Execute Amendment No. 1 with Freese and Nichols, Inc. as proposed. 2. Do not execute Amendment No. with Freese and Nichols, Inc. as proposed. OTHER CONSIDERATIONS Construction observation is not included in this contract amendment. CONFORMITY TO CITY POLICY Conforms to statutes regarding the FY 2012 -2013 Capital Improvement Budget EMERGENCY / NON - EMERGENCY Not applicable DEPARTMENTAL CLEARANCES Storm Water and Street Operations FINANCIAL IMPACT ❑ Ooeratina ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date Current Year Future Years Totals 2012 -2013 Expenditures Line Item Budget $11,300.00 $500,000.00 $2,088,700.00 $2,600,000.00 Encumbered /Expended $11,300.00 $0.00 $11,300.00 Amount This item $38,540.00 $0.00 $38,540.00 Future Anticipated $0.00 $0.00 $0.00 Expenditures This Project BALANCE $0.00 $461,460.00 $0.00 $0.00 Fund(s): Storm Water CIP #10 Comments: Restoration of channels and ditches is critical to avoid potential washouts that may result in encroachment, flooding, and undermining of adjacent private structures during rain events. RECOMMENDATION City Staff recommends the approval of Amendment No. 1 with Freese and Nichols, Inc. LIST OF SUPPORTING DOCUMENTS Project Budget Location Map Amendment No. 1 PROJECT BUDGET ESTIMATE SCHANEN DITCH IMPROVEMENTS PHASE 2 (Project No. E11073) Future Item City Council Meeting 5/14/2013 Action Item City Council Meeting 5/28/2013 FUNDS AVAILABLE: Storm Water CIP (FY 2011 -2012 and FY 2012 - 2013) ................. ............................... $900,000.00 FUNDS REQUIRED: Construction (preliminary estimate) ........................................ ............................... $613,636.36 Contingency ( 10%) .............................................................. ............................... 61,363.64 Engineer Fees: Engineering (Freese and Nichols) Amendment No. 1 ................ ............................... 72,978.00 Topographic Survey (Capnor USA) ........................................ ............................... 9,466.46 Geotechnical Study and Testing ( TBD) .................................... ............................... 18,000.00 Reimbursements Contract Administration (Contract Preparatio n/Awa rd/Ad min) ...... ............................... 13,500.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) .......... ............................... 90,000.00 Finance Issuance ............................................................... ............................... 4,500.00 Misc. (Printing, Advertising, etc.) ............................................ ............................... 4,500.00 TOTAL ............................................................................. ............................... $887,944.46 ESTIMATED PROJECT BUDGET BALANCE .......................... ............................... $12,055.54 File : \ Mproject \counci1exh \exhE11073.dwg W U 'CBS BA Sh Ch4 �'ne� I H 37 ��F�, I H 37 L OPARD Z 3 CORPUS AGNES C9fRISTJ 0 ° MO GAN Ball_/ w � o c, a � � a z a Z m W. POINT Q F s o� 0 SRO q�q O OCFgN IlF S gRg TC ` Q ly �� CAYO DEL OSO F.M. 43 PROJECT LOCATION No OY co co w N Z D U) Q � Q F M 2444 oRkTO�et� FLOUR BLUFF 0 OSp Cr LOCATION MAP NOT TO SCALE PROJECT # E11073 CITY COUNCIL EXHIBIT SCHANEN DITCH IMPROVEMENTS CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PHASE 2 PAGE: 1 of 1 = _ AMENDMENT NO. 1 TO SMALL A/E AGREEMENT FOR ARCHITECT /ENGINEERING SERVICES The City of Corpus Christi, Texas, hereinafter called "CITY ", and FREESE AND NICHOLS, INC, hereinafter called "ENGINEER ", agree to the following amendments to the contract for Architect/Engineering Services for the following project, as authorized and administratively amended by: Original Small A/E Agreement I July 21, 2011 1 Administrative Approval $34,438.00 1. DECLARATIONS. "CITY" desires to engage "ENGINEER" to provide services in connection with dity's project, described as follows: SCHANEN DITCH IMPROVEMENTS PHASE 2 Project No. E11073 ( "PROJECT "). 2. SCOPE OF WORK. "ENGINEER" shall provide services for the "PROJECT" in accordance with the accompanying Letter, Scope of Services, and Fee attached as "Exhibit A ". Additional Services required. 3. FEE. The "CITY" agrees to pay the "ENGINEER" for services provided in accordance with Exhibit "A', Scope of Services, and Fee under this AGREEMENT, a total fee not to exceed $38.540.00 (Thirty Eight Thousand Five Hundred Forty Dollars and Zero Cents) fora total restated fee not to exceed $72,978.00 (Seventy Two Thousand Nine Hundred Seventy Eight Dollars and Zero Cents Monthly invoices will be submitted in accordance with "Exhibit B ". 4. INDEMNIFICATION AND HOLD HARMLESS. The Engineer agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants and employees as more full set forth in Exhibit "C ". CITY OF CORPUS CHRISTI F ESE A NICHOLS, INC. ad;E=�Y - ) - 7. ( Oscar R. Martinez (Date) Ron Guz an, P.E. (Date) Assistance City Manager Principal 800 N. Shoreline Blvd., Suite 160ON Corpus Christi, Texas 78401 RECOMMENDED (361) 561 -6500 Office / / y (361) 561 -6501 Fax Daniel Biles ' E. (Date) Director of n neering Services ' Valera , P. . (Date) Director of Storm Water APP VED AS TO FORM AOU&t: - q/1-7/ Office of Management and Budget (Da e) Legal Department (Date) K:lEngineering DataExe.hange4VELMAP4DRAINAGE1E11073 SCHANEN DITCH IMPS PHASE ZAMENDMENT NO. 1 freese nicholMAMENDMENT NO. 1.doc n ATTEST Armando Chapa, City Secretary Project No. E11073 Fund Source No. 550950 - 3495 - 00000- E11073 Fund Name: Storm Water 2012B CIP Rev Bds AN Encumbrance No. JJJ y KWngineering DalaEnhango WELMAKDRAINAGBE71073 SCHANEN DITCH IMPS PHASE 21AMENOMENT NO. 1 freese oichoWAMENDMENT NO. 1.doc EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS Schenen Ditch Improvements Phase 2 (Project No. El 1073) AMEND. NO.1 EXHIBIT "A" Pa e 1 of 10 60M Gity PRg file*. e, AeFlal PhGtGgFaPhY W the "sat area. d. f . — = -a 1AW A1 L1111J.r� - a -ter - AJALd 9 r 11 nor Nor.. T.7mon"70, I W7 1 � Oft 60M Gity PRg file*. e, AeFlal PhGtGgFaPhY W the "sat area. d. f . 2. Design phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the AIE Will: b. Prepare one (1) set of the construction bid and contract documents (electronic and full -size hard copies using City Standards as applicable), including contract agreement forms, general conditions and supplemental conditions, notice to bidders, AMEND. NO. 1 EXHIBIT `°A" Pa e2of10 Instruction to bidders, Insurance, bond requirements, and preparation Of other contract and bid related Items; specifications and drawings to fix and deswbe, for one bill, the size and character of the entire Project; description of rnaterietls to be utilized, and such other essentials as may be necessery for construction and cost analysis, c, :Provide assistance to Identify testing, handling and disposal of any hazardous -materials andlor contaminated soils that may be discovered daring construction (to be included under additional services). d. Prepare final quantities and estimates of probable costs with the recornrnended construction schedule, The construction schedule will provide a phased appmach t n • jaeA by distinguishing key elements w-ah as. Pipe Size or Building-Siaze r Why one mateiial us seleded ever- anothe Pluses of seleetione ROW Fequkements and v"Y GGRO�bilk% etc, Speeifis Faquiraments a! the G4 • Any unique Faqu IF Aaali;nllete all FWow , phase neA 0 g. Provide one (1) set of the pre -final plans and bid documents (90 /� submittal - electronic-and full -size hard copies using City Standards as applicable) to the City staff for review and approval purposes with revised estimates of probable costs. Compile comments and incorporate any requirements into the plans and specifications, and advise City of responding and non - responding participants. h. Provide Quality Assurance /Quality Control (CWQC) measures to ensure that' submittal 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 staff. The Consultant AIE and Sub - consultant ME shall submit a letter declaring that all engineering disciplines of all phases of the submittals have been checked, reviewed, and are complete prior to submission, and Include ) i 1 J y M O.1 A" 10 signature of all' including but not limited to structural, civil, mechanical, eldefrIcal, etc. I. If required, provide traffic controls including a Traffic Control Plan, illumination, markings and striping, signalization, and as delineated by the City Traffic Engineering Department. j, Provide one (1) set of the final (100 %) plans (unsealed and unstamped - electronic and full -size hard copies using City Standards as applicable) for City's final review. k. Assimilate all finatieview comments (if any). , i. Upon' approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and full -size hard copies using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the sole property and ownership of the City of Corpus Christi. m. 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. n. Prepare and submit monthly status reports with action items developed from monthly progress and review meetings. o. Provide a Storm Water Pollution Prevention Plan, if required. 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 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. Participate in the pre -bid conference and provide a recommended agenda for critical construction activities and elements Impacted the project. b. Assist the City In solicitation of bids by Identification of prospective bidders, and review of bids by solicited interests. c. 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 -6 bidding. d. Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e. 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 matte such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. 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, s r s AMEND. N0. 1 EXHIBIT " A" Page 4of10 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 Phase., The AIE 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 impacted the project. b, Review for conformance to contract documents, shop and wonting drawings, materials and other submittals. c. Review field and laboratory tests. d. Provide interpretations and clarifications of the contract documents forthe contractor and authorize required changes, which do not affect the contractor's price and ar 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 program of construction. L Prepare change orders as authorized by the City (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications fortha contmelarand authorize minor changes which do not af%ctthe contractor 's price and Ora not contrary to the general Interest of the City under the contract. g. Make final InspiotWon with City staff and provide the City with a Cortif late. of Completion for the project. h. As applicable, review and assure compliance with plans and specifications, the preparation of operating and maintenance manuals (by the Contractor) for all equipment installed on this project, These manuals will be In a "multimedia format" suitable for viewing vAth Microsoft's Internal Explorer, version 3.0. As a minlmum the Introduction, Table of Contents, and Index will be In HTfl L (HyperText Markup Language) format, with HyperText links to the other parts of the manual. The rev alhder of the manual can be scanned Images or a mixture of scanned Images and tort, Us% the common formats for scanned images ¢ Clfz, TIFF, JPEG, etc., C*n#lrm before delivery of the manuals that all scanned Image formats are compatibl with the image- vlevuing soft ayt available on the City's computer Imaging to livings (Wang) and li9iiarosoft Imaging Corrrp08er, 0e11vOr the m anuals an a CO -ROIA� not on fl disks. i, Ravlaw constmetion `red- line`" drawings, prepare moord drawings of the ptoject a constmcted ftm the "reds -line" drawings, Inspection, and the contractor provided plans) and delivar to the Englnee ft Sow s a reproducible set and electronle Elie (AutoCAD r A4 or later) of the remm drawings wvithtn two (2) months of final acceptance of the project, All draWfts will be CARD drawn using dwg format In AutoCAC, and graphics data will be In dxlformat with each layer being provided in a separate file, Attribute data will bs provided In ASCII tormat In tabular foam. All electronlo data will be compatible with the City GIS system. The City staff wail: i s AMEND. NO. 1 EXHIBIT ``A" Page 5of10 a. Prepare applicationslestimates for payments to contractor. b. Conduct the final acceptance inspection vrith the Engineer. S. Additional Services (ALLOWANCE) This section defines the scope (and ALLOWANCE) forcompensation for additional services that may be included as part of this contract, but the AIE will not begin work on this section without specific written approval by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The AIE will, with written authorization by the Director of Engineering Services, do the following: 1. Permit PE2RgE4)jon. (NOT AUTHORIZED) Fumish the City all engineering data and documentation necessary for all required permits. The AIE will prepare this documentation for all required signatures. The A/E will prepare and submit all permits as applicable to the appropriate local, state, and federal authorities, including, but not limited to: a. Union Pacific Railroad, Missouri Pacific Railroad, or any other rallroad operating in the area b. TxDOT Permits /Amendments c. Wetlands Delineation and Permit d. Temporary Discharge Permit e. NPDES Permit/Amendments f. Texas Commission of Environmental Quality (TCEQ) Permits/Amendments g. Nueces County h. Texas Historical Commission (THC) 1. . U.S. Fish and Wildlife Service (USFWS) j. U.S. Army Corps of Engineers (USACE) k. United States Environmental Protection Agency (USEPA) 1. Texas Department of Licensing and Regulation (TDLR ) 2. Rlaht- ofaNav IBM) Acauisitfon Survey. (NOT AUTHORIZ-91D) The AIE VAII review existing ROW and easements to ascertain any conflicts and provide field ROW surveys and submit ROW plats and descriptions for the City's use in the acquisition process. All work must comply with Category 1 A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with all TxDOT requirements as applicable. A/E Consultant will be required to obtain Preliminary Tike Reports from a local title company and will provide copies of the title reports to'the City. 3. - Topographic Survey and Parcel Descriollong (NOT AUTHORIZED) A/E will provide field surveys, as required for design including the necessary control points, coordinates and elevations of points (as required for the aerial mapping of the Project area - aerial photography to be provided by City). Establish base survey controls for line and elevation staking (not detailed setting of lines and grades for specific structures or facilities). All work must be fled to and conform with the Ctys Global Positioning System (GPS) control network and comply nth Category 6, Condition I specifications of the Texas Society of Professional Surveyors'o Manual of Practice for Land Surveying in the M O.1 A" 10 State of Texas, Ninth Edition. include reference to a minimum of two (2) found boundary monuments from the project area. A/E will submit individual parcel descriptions and survey plats to the City along with all title reports obtained in Section 2, A strip map showing all parcels required will be submitted along with parcel descriptions. The Ate will field mark and delineate all new right-of-way lines upon request of the City`s land Acquisition Division, 4. Wronmental j sues, (NOT AUTHORIZED) Identify and develop a scope of Work anytesting, handling and disposal of hazardous materials and/or contaminated soils that may bei discovered during construction. (NOT AUTHORIZED) Provide a project representative (PR) to provide periodic construatlon Inspection. A, Through suer additional observations of Contractor's work in progress and fietd checks of materials and equipment by the PR and assistants, the A/E shall endeavor to provide further protection for the CITY against defects and deficiencies in the work. M The duties and responsibilities of the PR are described as follows; t 1. Cansrbi, PR will act as directed by and under the supervision of AIE, and will confer with A/E regarding PR's actions. PR's dealings in matters pertaining to the Contractor's work in progress shall in general be with A/E and Contractor, keeping the CITY advised as necessary. . 2. Conference and Meetings: Attend meetings .with Contractor, such as pro - construction conferences, progress meetings, job conferences and other project - related meetings as required by the City, and prepare and circulate copies of minutes thereof. 3. Liaison A. Serve as liaison with Contractor, working principally through Contractor's superintendent and assist In understanding the intent of the Contract Documents, B, PR shall Communicate with CITY with the knowledge of and under the direction of A/E 4. Interpretation of Contract Documents: Report when clarifications and Interpretations of the Contract Documents are needed and transmit to Contractor clarifications and Interpretations as Issued. 5. , Shop Drawings and Samples: A. Receive Samples, Which are furnished at the Site by Contractor, and notify of availability of Samples for examination, B. Record date of receipt of Samples and approved Shop Drawings. C. Advise Contractor of the commencement of'any portion of the Work requiring a Shop Drawing or Sample submittal for which PR believes that the submittal has not been approved. 6. Review of Work and Rejection of Defective Work: A. Conduct on -Site observations of Contractor's work in progress to assist A/E In determining if the Work is in general proceeding in accordance with the Contract Documents. B. Report whenever PR believes. that any part of Contractor's work in progress will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project, or has been damaged, or does not meet the requirements of any inspection, test or E D. NO.1 BIT "A" 7of10 approval required to be made, and advise City and AIE of that part of work In progress. that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. C. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. 7. Records: A. Maintain orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents Including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the Contract, AIE's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents, B. Prepare a daily report utilizing approved Cityformat, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to A/E and the City. 8. Reports: A. Fumish periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. B. Report Immediately to the CITY and AIE the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of Clod endangering the work, and property damaged by fire or other causes, C. Provide project photo report on CD -ROM at the rate of a minimum of two photographs, per day, including an adequate amount of photograph documentation of utility conflicts. 9. Completion: A. Before the issue of Certificate of Completion, submit to Contractor a list of observed items requiring completion or correction. B. Participate in a final inspection in the company of AIE, the CITY, and Contractor and prepare a final list of items to be completed or corrected. C. Observe whether all items on final list have been completed or corrected and make recommendations concerning acceptance and Issuance of the Notice of Acceptability of the Work. 6. Start-up Services. (NOT AUTHORIZED) Provide on -site services and verification for all start -up procedures during actual start up of major Project components, systems, and related appurtenances if needed and required, 7. Warranty Phase. (AUTHORIZED) Provide a maintenance guaranty Inspection toward the and 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 (6o) days prior to the end of the maintenance guaranty period. . r AMEND. NO.1 EXHIBIT "A" Page 8of10 8. Provide the services above authorized In addition to those items shown on Exhibit 11 A. - 1 Task List, which provides supplemental description to Exhibit "K. Note: The Exhibit "A. V Task List does not supersede Exhibit "'Au. 2i SCHEDULE Date ...- -_. -- .. Aotivlt December 7 2011 Be In Design 30 Da s from NTP of Amd. #1 Pre -Final Submittal -14 Days City Review 21 Days ' Final Submittal 7.Da s Advertise for Bids 8 pays Pre -Bld Conference 14 Dayg Receive Bids SO Days Contract Award 45 Days Begin Construction 120 Days Com late Construction 3. Z=EES A. Fee for Basic Services. The City will pay the AIE a fixed fee for providing for all °Basle 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 in Section I.A.1 -4, A/E will submit monthly statements for basic services rendered. In Section I.A.1 -3, the statement will be based upon A/E's estimate (and City concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to A/E's monthly statements. S. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section 1. B. "Additional Services, " the City will pay the A/E a not-to-exceed fee as per the table below: 's f t M I Summary of Fees 7/29/2011 Admin. Approval s r The' estimated cost of construction of Schanen Ditch Improvements Phase 2 Project Is $1,100,000. The total basic services fee proposal for this project is $69,421. Therefore, the percentage of design cost to construction cost is 6.31 %. AMEND. NO.1 EXHIBIT "A" Page 10 of 10 Original Contract Amend. No.1 Total BASIC SERVICES 1 PreliminaDL Phase $2,063.00 $0.00 __$2,-9e3, 2 Design Phase 19 244.04 25 933.00 45 177,00 3 Bid Phase 2 681 .00 2 627.00 5 348 :00 4 Construction Phase 9,550 E 34 423.00 16 Sub -Total Basic Services 34 438.00 983.00 6942100 ADDITIONAL SERVICES 1 Permit Preparation 0.00 0.00 0,00 2 ROW Acquisition 0,013 .0.00 0.00 3 To o ra hlc Survey 0.00 0.00 0.00 4 Environmental Issues 0.00 0.00 0,00 5 Construction Observation 0.00 0.00 0,00 6 Start-Up Services 0.00 0.00 0,00 7 Warran!y Phase 0.00 3,557.00 3.557.00 Sub -Total Additional Services 0.00 3 557.00 3557.00 Total $3E43B .0 0 $38 540.00 $ 7/29/2011 Admin. Approval s r The' estimated cost of construction of Schanen Ditch Improvements Phase 2 Project Is $1,100,000. The total basic services fee proposal for this project is $69,421. Therefore, the percentage of design cost to construction cost is 6.31 %. AMEND. NO.1 EXHIBIT "A" Page 10 of 10 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 -o m X C 00 c � W COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Cnntrant Invnir_pd In vnir-P_ Invnir_p CmmnFa+ *o $1,000 $0 $0 $1,000 $0 $1,000 $1,000 . 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% Sampie form for: Payment Request Revised 07/27/00 EXHIBIT "C" INSURANCE REQUIREMENTS Insurance Requirements A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance with applicable policy endorsements, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies (except Workers Compensation /EL and Professional Liability), and a blanket waiver of subrogation is required on all applicable policies (except Professional Liability). TYPE OF INSURANCE 30 -Day Written Notice of Cancellation, or reduction in coverage or limits required on all certificates or by policy endorsements COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury / Advertising Injury AUTOMOBILE LIABILITY to include: 1. Owned vehicles 2. Hired — Non -owned vehicles UMBRELLA — EXCESS LIABIITY Must follow form PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions WORKERS' COMPENSATION EMPLOYERS' L IABILITY MINIMUM INSURANCE COVERAGE Bodily Injury & Property Damage Per occurrence - aggregate $1,000,000 COMBINED SINGLE LIMIT Per Occurrence and in the aggregate $1,000,000 COMBINED SINGLE LIMIT $1,000,000 COMBINED SINGLE LIMIT $2,000,000 per claim / $2,000,000 aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured Applicable to paid employees while on City property Which Complies with the Texas Workers Compensation Act M EXHIB :Iof:3] Page C. In the event of accidents of any kind related to this agreement, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, 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 (except for Professional Liability), 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. F. City shall be entitled, upon request and without expense, to receive Certificates of Insurance and all endorsements thereto as they apply to the limits required by the City. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 Fax: (361) 826 -4555 G. 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: i. Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability policies; ii. 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; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City on CGL and Auto policies of any suspension, cancellation, non- renewal or reduction in coverage or limits in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. Consultant shall provide this notice to City on Workers Compensation and Professional Liability policies. H. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this agreement. EXHIBIT "C" Pa e2of3 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. . K. 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. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless. and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. EXHIBIT "C" Page 3 of 3 y � DI3C��6iJ OF CHRISTI cify of Co s MINI Ordinance 17112, as amended reilokes all persons or firms seehin tto do business wit )t the C y to provide the following information. I've uestton must be answered. 1f the gmalon is not a,pIicable► answer with NA' . See reverse side for Filing Raquiretnents, Certtlications and def lls COMPANY NAME: F reon and Nichols, Inc. P. O. BOX: STREET ADDRESS 00 N. !Shoreline Blvd., Suite 160ON CITY$ Corpus +Christi ZIP: 78401 FIRM IS; 1. Corporation ® 1 Partnership 8 1 Sole Owner ❑ 4. Association 5. Other If additional space is necessar DISCLOSURE 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 NIA 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 "rem." Nance Title N/A NIA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest constituting 3% or more of the ownership in the above named "firm; ` NSA Name Board, Commission or Committee NIA 4. State the names of +ewh employee or officer of a "consultam" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an '" ownership intaca" constituting 3 or more of the ownership in the above nand "firm. Nance Consultant NIA _ NSA { FILING REQUIREMENTS Ira perm 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 fhet in a signed writing to the City official, employee or body that has been waste 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 Bled with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION certif} that all information provided is tote 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, Certirying Person: Ron Guzman, P.E. Title: Principal mrV4Wrd *u Signature of Certifying Date: + 13 ) 3 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 elect 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. C "Ownership Interest." I.egai 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. "C.ansiructively held" refers to holdings or control esiablishad through voting trrms, 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. S C �a ©°� AGENDA MEMORANDUM ,CORPORA Future Item for the City Council Meeting of May 14, 2013 1852 Action Item for the City Council Meeting of May 28, 2013 DATE: April 16, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 Engineering Design Contract for ADA Master Plan Improvements City Wide Bond Issue 2012 CAPTION Motion authorizing the City Manager, Hill, Inc. from Corpus Christi, Texas Bond Issue 2012, for design, bid, a Street Projects) PURPOSE: or designee, to execute a Contract for Professional Services with CH2M in the amount of $263,200 for ADA Master Plan Improvements City -Wide nd construction phase services BOND ISSUE 2012. (Proposition No. 1 The purpose of this Agenda Item is to execute the Contract for Professional Services with CH2M Hill, Inc. for ADA Master Plan Improvements City -Wide Bond Issue 2012. BACKGROUND AND FINDINGS This project will implement the Americans with Disabilities (ADA) transition plan approved by City Council (2003) as well as address accessible routes including sidewalks and curb ramps which are identified and prioritized in the ADA Master Plan - Phase 1 which was adopted by City Council on December 11, 2012. In addition to these priorities, this project will also incorporate curb ramp locations which are identified by individual citizens and prioritized by the Committee for Persons with Disabilities Engineering Sub - Committee, by constructing approved curb ramps with a project cost of up to $100,000 per year. CH2M Hill, Inc. of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2012 -03 Bond Issue 2012 and CIP Projects, dated August 31, 2012 ALTERNATIVES 1. Execute the Contract for Professional Services with CH2M Hill, Inc. as proposed. 2. Do not execute the Contract for Professional Services with CH2M Hill, Inc. as proposed. OTHER CONSIDERATIONS This project is one of the Bond Issue 2012 Proposition No. 1 Street Projects approved by the community in the general election held on November 6, 2012. K: \ENGINEERING DATAEXCHANGE \ANGIEM \ADA \12104 ADA MASTER PLAN BOND ISSUE 2012 \AGENDA ITEM \AGENDA MEMO -ADA MASTER PLAN IMPROVEMENTS CITY WIDE. DOCX CONFORMITY TO CITY POLICY The Contract for Professional Services and selection process comply with the Professional Procurement Act and City Policy. CH2M Hill, Inc. was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. EMERGENCY / NON - EMERGENCY Not applicable DEPARTMENTAL CLEARANCES Not applicable FINANCIAL IMPACT ❑ Ooeratina ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $575,000.00 $1,725,000.00 $2,300,000.00 Encumbered /Expended Amount This item $263,200.00 $0.00 $263,200.00 Future Anticipated $311,800.00 $1,724,450.00 $2,036,250.00 Expenditures This Project BALANCE $0.00 $550.00 $550.00 Fund(s): Streets Bond Issue 2012 and Bond Issue 2008 Comments: The Contract for Professional Services will result in the expenditure of an amount not to exceed $263,200.00. RECOMMENDATION City Staff recommends the approval of the Contract for Professional Services with CH2M Hill, Inc. LIST OF SUPPORTING DOCUMENTS Project Budget Location Map Contract K: \ENGINEERING DATAEXCHANGE \ANGIEM \ADA \12104 ADA MASTER PLAN BOND ISSUE 2012 \AGENDA ITEM \AGENDA MEMO - ADA MASTER PLAN IMPROVEMENTS CITY WIDE. DOCX councilexhibits \ exhE 121 Shp Channel N PROJECT LOCATION WATER FROM RESACA TO BELDEN PROJECT LOCATION TANCAHUA FROM LEOPARD TO KINNEY PROJECT LOCATION LIPAN FROM N. PORT TO CARANCAHUA PROJECT LOCATION MANN FROM N CHAPARRAL TO N SHORELINE Q PROJECT LOCATION 3 CHAPARRAL FROM AUBREY TO BORN EXCLUDING BETWEEN SCHATZELL TO JOHN SARTAIN J LIPAN AGNES PROJECT LOCATION CARANCAHUA FROM COOPER'S ALLEY TO KINNEY HOSPITAL PROJECT LOCATION HOSPITAL FROM APPROX MID BLOCK TO WEST PARKING Q� s PROJECT LOCATION KINNEY FROM CHAPARRAL TO WATER ¢ PROJECT LOCATION = S. SHORELINE FROM ¢ LAWRENCE TO PARK �ILPROJ LOCATION ORELINE FROM EY TO PARK DING BOND 2008) PROJECT LOCATION TO BROADWAY CT WATER FROM KINNEY (EXCLUDING BOND 2008) w J � N ` 1 3 PROJECT LOCATION MACARTHUR FROM HORNE TO BELTON J� Q LOCATION MAP NOT TO SCALE PROJECT #E12104 CITY COUNCIL EXHIBIT ADA MASTER PLAN IMPROVEMENTS CITY OF CORPUS CHRISTI, TEXAS CITY -WIDE BOND ISSUE 2012 DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 PROJECT BUDGET ESTIMATE ADA Master Plan Improvements City Wide Bond Issue 2012 E12104 PROJECT FUNDS AVAILABLE: Bond 2012 ........................................................................... ............................... $ 2,300,000.00 FUNDS REQUIRED: Construction (preliminary estimate) .......................................... ............................... Contingency( 10 %) ................................................................ ............................... Design Fees: Engineer (CH2M Hill) ............................................................. ............................... Geotechnical Study and Testing ( estimate) ................................. ............................... Construction Materials Testing ( estimate) ................................... ............................... Reimbursements: Contract Administration (Contract Preparation/ Award/ Admin) ......... ............................... Engineering Services (Project Mgt /Constr Mgt /Traffic Mgt Services) ............................... Finance............................................................................... ............................... 1,675,000.00 167,500.00 263,200.00 45,000.00 23,000.00 115,000.00 2,300.00 Misc. (Printing, Advertising, etc.) .............................................. ............................... 2,300.00 TOTAL ................................................................................ ............................... $ 2,293,300.00 ESTIMATED PROJECT BUDGET BALANCE ............................. ............................... $ 6,700.00 d CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES 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 of Engineering Services) and CH2M Hill, Inc. a Texas corporation, 555 N. Carancahua, Corpus Christi, Nueces County, Texas 78401, (Arch itectlEng i neer — A/E), hereby agree as follows: 1. SCOPE OF PROJECT ADA Master Plan Improvements City -Wide Bond Issue 2012 (Project No. E12104) This project will implement the Americans with Disabilities (ADA) transition plan approved by City Council (2003) as well as address accessible routes including sidewalks and curb ramps which are identified and prioritized in the ADA Master Plan - Phase 1 which was adopted by City Council on December 11, 2012. In addition to these priorities, this project will also incorporate curb ramp locations which are identified by individual citizens and prioritized by the Committee for Persons with Disabilities Engineering Sub - Committee, by constructing approved curb ramps with a project cost of up to $100,000 per year. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and 11 A -1 ", to complete the Project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be "Services for Construction Projects " - (Basic Services for Construction Projects) which are shown and are in accordance with "Professional Engineering Services- A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic 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 A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A ". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. Contract for Engineering (A!E) Services Page 1 of 3 K%ENGINEERING DATAEXCHANGE% ANGIEMIADA112104 ADA MASTER PLAN BOND ISSUE 201211 CONTRACT PROFESSIONAL SERVICES.DOC The Director of Engineering Services may direct the A/E 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. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B ". 5. FEE The City will pay the A/E a fee, as described in Exhibit "A ", for providing services authorized, a total fee not to exceed $263,200.00 (Two Hundred Sixty Three Thousand Two Hundred Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit "C ". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the A/E 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. Contract for Engineering (A/E) Services Page 2 of 3 K%ENGINEERING DATAEXCHANGEWNGIEMWDA \12104 ADA MASTER PLAN BOND ISSUE 201211 CONTRACT PROFESSIONAL SERVICESMOC All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the Director of Engineering Services. However, the A/E may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re-use of modified plans. A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. [QkWFA[q] &016] :1 :1 J &M M Oscar R, Martinez, Date Assistant City Manager fff •t, t► I§W Office of Management Date and Budget Armando Chapa, City Secretary Contract for Engineering (A/E) Services Page 3 of 3 CH2 HILL, INC. KSENG$NEERINGDATAEXCHANGEIANGIEM ADA112lG4 ADA MASTER PLAN BOND ISSUE 2012%1 CONTRACT PROFESSIONAL SERVICES. DOC 1 EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS ADA Master Plan Improvements City -Wide Bond Issue 2012 (Project Number: E12104) 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. Preliminary Phase The Architect/Engineer -A/E (also referred to as Consultant) will: a) Prepare Consultant contract award recommendation PowerPoint presentation in City format for City Council Meeting. b) Hold Project Kick -off Meeting. Prepare meeting agenda and distribute meeting meetings minutes to attendees within five working days of the meeting. Oensulta� d) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. Eliminate non - compliant intersections identified in the ADA Master Plan, but scheduled for upgrades in other completed, ongoing or upcoming projects by the City. RTA and TxDOT based on project location data provided by the City in December 2012. e) Develop preliminary requirements for utility relocations,, replacements or upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. g) naa. Conduct site visits to 140 corner locations and sidewalk segments identified in Exhibit "A -1 ". Identify corner locations or sidewalk alignments constrained by limited right -of -way. h) Prepare preliminary opinions of probable construction costs for the recommended improvements. sefved j) GendwGt the hydFaU ana W quantify the stemn se-Are-r- d-e-sign of exist and k) Identify electric and communication utility companies and private pipeline companies that may have existing facilities aad that must be relocated to accommodate the proposed improvements. 1) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. m) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA, CDBG, EXHIBIT " A " Page 1 of 11 K 1Engineering DataExchange%ANGIEMWDA112104 ADA MASTER PLAN BOND ISSUE 201212013 04 24 EXHIBIT A LARGE AE - ADA IMPR REV TRACK CHANGES.60cx USPS, affected school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. Fequii:emenW. o) Prepare an Engineering Letter Report ( 25 5 — 10 page main -body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic -level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF). Engineering Letter Report to include: 1. Provide a concise presentation of pertinent factors, sketches, designs, Gress- seGUORs, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, alignment, GF966 sertieR, rte, right -of -way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include existing site photos. 3. Provide opinion of probable construction costs. 4. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. " T and 1 a##eGt. 6. Provide anticipated index of drawings and specifications. 7 It is anticipated there will be locations in which the level of design detail required to generate constructible plan sheets exceeds the level of detail set forth in the agreement of this contract (as outlined in Exhibit "A" I.A.2.d). At the 30% (Engineering Letter Report) Submittal these locations will be identified by the A!E (CH2M HILL). Locations requiring additional detailing not covered in the base contract will be paid for under a contract amendment at a rate of $2,500 per sheet. It is assumed that a plan sheet will have one (1) intersection or 560 LF of sidewalk. P) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. q) Hold Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report. r) Assimilate all review comments of the Draft Engineering Letter Report and provide one (1) set of the Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. S) Assist City in presenting summary of ELR findings to City- appointed capital project oversight committee having responsible charge of vetting preliminary project design components prior to proceeding to project design phase. Prepare PowerPoint presentation, handouts and exhibits for meeting. Provide follow -up and response to comments. EXHIBIT "A" Page 2 of 11 K%Ergirteering DataE=hange%ANGIEM%ADA%12104 ADA MASTER PLAN BOND ISSUE 201212013 04 24 EXHIBIT A LARGE AE - ADA IMPR REV TRACK CHANGES.deex City staff will provide one set only of the following information (as applicable): a) Record drawings, record information of existing facilities, and utilities (as available from City Engineering files). b) The preliminary budget, specifying the funds available for construction. c) A copy of existing studies and plans (as available from City Engineering files). d) Field location of existing city utilities. (A/E to coordinate with City Operating Department.) e) Applicable Master Plans and GIS mapping are available on the City's website. f) Provide bench marks and coordinates. The records provided for A /E's use under this contract are proprietary, copyrighted, and authorized for use only by A /E, and only for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this contract is strictly prohibited. 2. Design Phase Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. C) Prepare construction documents in City standard format for the work identified in the approved ELR. Include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans in compliance with CPPSCF using English units on 4'x36= one hundred fifty-seven (157) 11 "x 17" plan sheets_ that Gal; be Fad - AACI 11 " " Plan set level of design detail will be based on TxDOT Plans for CSJ 0916 -00 -063, a similar project for the construction of curb ramp improvements. The plan set will include the following: 1. Cover Sheet (1 Sheet) 2. General Construction Notes and Abbreviations 0 Sheet) 3. Estimated Quantities (1 Sheet) 4. Corridor Location Sheets (10 Sheets) 5. Curb Ramp Corner Sheets (53 Sheets) a. 240 Ramps (40 one -ramp corners and 100 two -ramp corners) located at 140 corner locations. b. 2 to 4 corner locations per sheet 6. Sidewalk Sheets (49 Sheets) a. 26.951 LF of sidewalk b. 2 viewports per sheet, 280 LF of sidewalk per viewport. 7. Citizen Request ID /IQ (Fees associated with these sheets are part of 8. City Standards for Driveways, Curb & Gutter, Sidewalks, and miscellaneous details (15 Sheets) 9. City Standard PED Sheets (5 Sheets) 10. Project- Specific Detail Sheets (2 Sheets) 11. Prepare Traffic Control Plan Sheets The TCP will include , r--n-mstmafian phasing plan sheets, warning and barricades, as- well -as EXHIBIT "A" Page 3of11 K %Engineering DataExchange%ANGIEMIADA112104 ADA MASTER PLAN BOND ISSUE 201212013 04 24 EXHIBIT A LARGE AE - ADA IMPR REV TRACK CHANGES.docx including standards sheets for barricades, traffic control plan, work zone pavement markings and signage (15 Sheets) 12. RFeaideStorm Water Pollution Prevention Plan, including construction drawings 2 Sheets). e) Furnish one (1) set of the interim plans (60% submittal - electronic and #till half - size 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 which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings minutes to attendees within five working days of the meeting. Assimilate all review comments as appropriate and proceed to next phase upon Notice to Proceed. Provide eRe (1) set of the piFe-final plans and bed dGGUMGAtS 0 tests h) Hold PFGjeGt 0 PranA8d i) Provide one (1) set of the final (100 %) plans (unsealed and unstamped - electronic and full half -size hard copies using City Standards as applicable) for City's final review. j) Hold Project 100% review meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. Assimilate review comments and incorporate revisions of the agreed upon level of design detail into the plans and specifications, and advise City of responding and non- respondina participants as appropriate, and proceed to next phase upon Notice to Proceed. k) Assimilate all final review comments and upon approval by the Director of Engineering Services, provide one (1) set of the fkW bid plans and contract documents (electronic and full half -size hard copies using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual propertv of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final bid plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. 1) Provide Quality Assurance /Quality Control (QA/QC) measures to ensure that submittal 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.- EXHIBIT "A" Page 4 of 11 K:1Ergineerirg DstaExchange%ANGIEM%ADA \12104 ADA MASTER PLAN BOND ISSUE 20121201304 24 EXHIBIT A LARGE AE - ADA IMPR REV TRACK CHANGES.docx m) Prepare and submit monthly status reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. n) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). 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 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) Participate in the pre -bid conference and provide a meeting agenda for critical construction activities and elements ;masted impacting the project. b) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. C) Review all pre -bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any up to four 4 addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make provide a summary report concerning awaFd of the GoAtFaGt responsiveness and responsibility of bidders e) 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. f) Prepare Contractor bid award recommendation PowerPoint presentation in City format for City Council Meeting. 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 summary report concerning bid evaluation and FeGemmendafien s 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. EXHIBIT "A" Page 5 of 11 K%Ertgineering OalaExdtange%NG1EMWDA112104 ADA MASTER PLAN BOND ISSUE 2012/201 3 04 24 EXHIBIT A LARGE AE - ADA IMPR REV TRACK CHANGES.doex 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 (up to 10 field visits; up to 4 hours per visit) 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) A/E will not provide field engineering during the construction phase of this rp oiect. g) 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. h) Attend final inspection with City staff 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 (to the same level of design detail as agreed upon in this contract ) 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 CADD drawn using .dwg format in AutoCAD, and graphics data will be in Axf 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. C) Provide Consultant the construction "red- line" drawings. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following:-. 1. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: Mn the aF TxDQT utility and eRYOFORmental �mr�n v*sGhaFSe Per:::; ' multiple use a@Feements T EXHIBIT "A" Page 6 of 11 K%ErgneMng DataExchangeXANG1EWADA112104 ADA MASTER PLAN BOND ISSUE 20121201304 24 EXHIBIT A LARGE AE - ADA IMPR REV TRACK CHANGES.doex e. NTPDES Permit/Amendments (including SSC, NOI, NOT). Consultant will prepare NOI for signature by City's responsible party. U.S. Fish and Wildlife SeW (USPALS) k I Initeed State Envirnnmen4..l Drn4en +inn Ai+cnnv 11 IQEPA) I. Texas Department of Licensing and Regulation (TDLR ) n. 2. Right -of -Way (ROW)- Asgu+siWn- Identification Survey. All work must comply with Category 1 -A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a) Perform surveys to determine apparent right -of -way widths. b) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. b a.. zd. G) PFGvide a PF8 base Fnap Gentaining appaFent ROW, whiGh will be used by the NF= to develep the PFOpesed alignment and its pesitien Felative to the existing 3. Topographic Survey All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal /vertical control. C) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. — the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non -GPS) methods. Perform topographic surveys to gather existing condition information. hn@ineerinn Gens ltai:i • h) Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third - parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. gwweying eewiiaes, Felated to EXHIBIT "A" Page 7 of 11 K1Engineving DataExchangelANGIEMI4DA112104 ADA MASTER PLAN BOND ISSUE 2012\2013 04 24 EXHIBIT A LARGE AE - ADA IMPR REV TRACK CHANGES.docx W9 fi re —rvrwE—. i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. must be showF;. M) PFepaFe individual signed and sealed par-Gel maps and legal de6GF far the all pamels FeqUiFed will be sub.m.*#-ed aleng with par-Gel deSGAPNOR6. Additional 0 dWFiAg 5. Public Involvement. , Prepare one (1) PowerPoint presentation for meeting with Committee for Persons with Disabilities Engineering Sub - Committee. EXHIBIT "A" Page 8 of 11 K\Engineering DateExchangeVWGIEMIADAl2104 ADA MASTER PLAN BOND ISSUE 2012\2013 04 24 EXHIBIT A LARGE AE - ADA IMPR REV TRACK CHANGES.docx ■- - - - - 40 00, - 0 w: ML - - - - - EXHIBIT "A" Page 8 of 11 K\Engineering DateExchangeVWGIEMIADAl2104 ADA MASTER PLAN BOND ISSUE 2012\2013 04 24 EXHIBIT A LARGE AE - ADA IMPR REV TRACK CHANGES.docx 7. CGRStrdet ObseFinat -S M ews T O Be ^°•eFMiRed Not applicable $ Start up SeMiseS if Reeded and Fequiped-. 9. 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. 10 ADA IMPROVEMENTS ID /IQ (Indefinite Deliverable /Indefinite Quantity) PROJECT CONTRACT DOCUMENTS (PLANS & SPECIFICATIONS) TO BE DETERMINED. Provide the services above authorized in addition to those items shown on Exhibit "A -1" Task List, which provides supplemental description to Exhibit "A ". Note: The Exhibit "A -1" Task List does not supersede Exhibit "A ". EXHIBIT "A" Page 9 of 11 K1Engineering DataExchan;;"NG1EMV%DA112104 ADA MASTER PLAN BOND ISSUE 2012/2013 04 24 EXHIBIT A LARGE AE - ADA IMPR REV TRACK CHANGES.Oocx II. SCHEDULE Date Activit Friday, May 31 -, 2013 NTP Friday, October 4, 2013 Draft ELR Submittal Friday, October18, 2013 City Review Friday, November 1, 2013 Final ELR Submittal Friday, February 7 , 2014 60% Design Submittal Friday, March 7, 2014 City Review Friday, April 11, 2014 100% Design Submittal Friday, April 25, 2014 City Review Friday, May 23, 2014 Bid Submittal Monday, May 26, 2014 Advertise for Bids Wednesday, June 4, 2014 Pre -Bid Conference Wednesday, June 11 , 2014 Receive Bids Tuesday, July 22, 2014 Contract Award Monday, August 4, 2014 Begin Construction Friday, April 10, 2015 Complete Construction Friday, A 8, 2016 Warranty Phase Complete EXHIBIT "A" Page 10 of 11 K%Engineering DataExchange%ANGIEMADA112104 ADA MASTER PLAN BOND ISSUE 20121201304 24 EXHIBIT A LARGE AE - ADA IMPR REV TRACK CHANGES.docx 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 in Section I.A.1 -4, A/E will submit monthly statements for basic services rendered. In Section I.A.1 -34, 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. , the City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay the A/E a not -to- exceed fee as per the table below: Summary of Fees A. Basic Services Fees 1. Preliminary Phase $24,100 2. Design Phase $128,550 3. Bid Phase $6,525 4. Construction Administration Phase $16,920 Subtotal Basic Services Fees $176,095 B. Additional Services Fees (Allowance) 1. Permit Preparation (Authorized) $2,870 2. Right -of -Way (ROW) Identification Survey (Authorized) $6,065 3. Topographic Survey (Authorized) $74,130 5. Public Involvement (Authorized) $1,080 7. Construction Observation Services N/A 9. Warranty Phase (Authorized) $2,960 10. ADA Improvements ID /IQ (Authorization Required) TBD Subtotal Additional Services Fees $87,105 TOTAL BASIC SERVICES AND ADDITIONAL SERVICES $263 200 The estimated cost of construction for ADA Master Plan Improvements City -Wide Bond Issue 2012 is $1,575,000. The Basic Services fee for the project is $176,095. Therefore, the percentage of Basic Engineering Services cost to construction cost is 11.2 %. EXHIBIT "A" Page 11 of 11 KTW4teedrtg DataExdvmpWNGIEM%ADA112104 ADA MASTER PLAN BOND ISSUE 20121201304 24 EXHIBIT A LARGE AE -ADA IMPR REV TRACK CHANGES.docx EXHIBIT "A -1" CITY OF CORPUS CHRISTI, TEXAS ADA Master Plan Improvements City -Wide Bond Issue 2012 (Project Number: E12104) I. SCOPE OF SERVICES A. BASIC SERVICES Basic services includes approximately 240 curb ramp improvements (located at 140 comer locations) and approximately 26,951 LF of sidewalk improvements based on the City of Corpus Christi ADA Master Plan, Phase 1, Package A and B. Project limits include: ADA Master Plan, Package A • Water Street— Resaca Street to Belden Street and Kinney Avenue to Broadway Court (excludes the Broadway Court intersection) • Shoreline Boulevard — Aubrey Street (I.H. 37) to Park Avenue o Excludes Twigg Street intersection, Antelope Street intersection, Coopers Alley Intersection, Broadway Court intersection, Park Avenue intersection on Shoreline southbound lanes, and sidewalk along southbound Shoreline between Broadway Court and Park Avenue • Mann Street — North Chaparral to North Shoreline Boulevard Chaparral Street —Aubrey Street (I. H. 37) toSchatzell Street and John Sartain Street to Born Street (Excludes Twigg Street, and Cooper's Alley intersections) • Kinney Avenue — Chaparral Street to Water Street ADA Master Plan, Package B • Lipan Street — North Port Avenue to Carancahua Street • Tancahua Street — Leopard Street to Kinney Avenue • Carancahua Street — Cooper's Alley to Kinney Avenue • Hospital Boulevard — Approximately mid block between Baylor and Kokernot to West Parking Lot (Dead End) on the north side of Hospital Boulevard • MacArthur Street— Horne Road to Belton Street (excludes Belton Street intersection) EXHIBIT "A -1" Page 1 of 8 1. PRELIMINARY PHASE a) MEETINGS /PRESENTATIONS (1) Consultant will prepare Consultant contract award recommendation PowerPoint presentation (in City format) for City Council Meeting. (2) Consultant will coordinate one (1) Kick -Off Meeting. The purpose of the meeting is to: (a) Summarize project scope and schedule. (b) Coordinate any special design considerations with City Staff and City Department representatives. (3) Consultant will coordinate one (1) Draft Engineering Letter Report review meeting. (4) Consultant will prepare PowerPoint presentation, handouts, and exhibits for one (1) City- appointed capital project oversight committee meeting. (a) Consultant staff will attend the meeting. (b) Consultant will provide written follow -up and response to committee comments. Format will be a letter /memo to the City Project Manager. b) DATA COLLECTION (1) Consultant will review ADA Master Plan requirements. (a) Consultant will check proposed Master Plan improvements against proposed projects from the City, the RTA, and TxDOT to avoid redundant design efforts. (2) Consultant will perform site visits to all corner locations. The purpose of site visits is to: (a) Establish up -to -date field conditions. (b) Take photographs to aid in design. (c) Document site - specific obstructions or design considerations. (3) Consultant will identify areas of potential right -of -way constraints using City GIS (if available for the area) and County Plat records. EXHIBIT "A -1" Page 2 of 8 c) ENGINEERING LETTER REPORT (1) Consultant will provide City staff with one (1) hard copy and one (1) electronic copy of Draft Engineering Letter Report (ELR). Draft ELR will include the following: (a) Project Description and Limits (b) Project Context in the ADA Master Plan (c) ADA - Compliant Parameters (d) Typical Existing Site Conditions (e) Typical Proposed Improvements (f) Unique, Site - Specific Design Considerations and Recommendations (i) It is anticipated there will be locations in which the level of design detail required to generate constructible plan sheets exceeds the level of detail set forth in the agreement of this contract (as outlined in Exhibit "A -1 ", I.A.2.a.1.b.i). At the 30% (Engineering Letter Report) Submittal these locations will be identified by the Engineer (CH2M HILL) Locations requiring additional detailing not covered in the base contract will be paid for under a supplemental contract agreement at a rate of $2,500 per sheet. It is assumed that a plan sheet will have one (1) intersection or 560 LF of sidewalk. (g) Coordination with other Entities or Agencies (h) Engineer's Opinion of Probable Cost (i) Opinion of cost will be based on ADA Master Plan guidelines and experience from similar projects. (i) Anticipated Index of Drawings and Specifications 0) Plan Sheet Template (2) Consultant will assimilate City comments of the Draft ELR and submit one (1) hard copy and one (1) electronic copy of FINAL ELR. (3) Consultant will conduct and document internal QA/QC review of Draft and Final ELR submittals. 2. DESIGN PHASE a) 60% SUBMITTAL EXHIBIT "A -1" Page 3 of 8 (1) Consultant will provide City staff with one (1) hard copy and one (1) electronic copy of 60% Submittal, which will include the following: (a) Plan Executive Summary and checklists as required by City Plan Preparation Standards. (b) 60% Submittal Plan Set (11 "x17" format) (i) Plan set level of design detail will be based on TxDOT Plans for CSJ 0916 -00 -063, a similar project for the construction of curb ramp improvements. (c) Engineer's Opinion of Probable Cost (d) List of specifications (2) Consultant will coordinate 60% Submittal review meeting with City staff. b) 100% Submittal (1) Consultant will provide City staff with one (1) hard copy and one (1) electronic copy of 100% Submittal, which will include the following: (a) 100% Submittal Plan Set (11 "x17" format) (i) Plan set level of design detail will be based on TxDOT Plans for CSJ 0916 -00 -063, a similar project for the construction of curb ramp improvements. (b) 100% Submittal Set of Specifications and Contract Documents (c) Engineer's Opinion of Probable Cost (d) City's red -lined set of review comments from 60% review, with Consultant's documented response to comments. (2) Consultant will coordinate 100% Submittal review meeting with City staff. c) Bid Set Submittal (1) Consultant will provide City staff with one (1) hard copy and one (1) electronic copy of Bid Set Submittal, which will include the following: (a) Bid Set Submittal Plan Set, signed and sealed (11 "x17" format) (i) Plan set level of design detail will be based on TxDOT Plans for CSJ 0916 -00 -063, a similar project for the construction of curb ramp improvements. (b) Bid Set Submittal Set of Specifications and Contract Documents, signed and sealed EXHIBIT "A -1" Page 4 of 8 (c) Engineer's Opinion of Probable Cost (d) City's red -lined set of review comments from 100% review, with Consultant's documented response to comments. d) QA/QC (1) Consultant will conduct and document internal QA/QC review of 60 %, 100 %, and Bid Set Submittal plans, specifications, and documents. 3. BID PHASE a) PRE -BID (1) Consultant will attend Pre -Bid Conference. (2) Consultant will address pre -bid questions and prepare up to four (4) addenda. (a) City Project Manager will be point of contact between Consultant and Bidders. b) BID TABULATION AND SUMMARY REPORT (1) Consultant will attend bid opening, analyze bids, evaluate and prepare bid tabulation, and provide a summary report concerning responsiveness and responsibility of bidders. (2) Consultant will prepare Contractor bid award PowerPoint presentation (in City format) for City Council Meeting. 4. CONSTRUCTION ADMINISTRATION PHASE a) PRE - CONSTRUCTION (1) Consultant will participate in pre- construction meeting conference. (2) Consultant will review Contractor submittals for conformance to contract documents. b) CONSTRUCTION ADMINISTRATION (1) Consultant will review lab test results. (2) Consultant will prepare change orders as authorized by the City. (3) Consultant will visit project sites (up to 10 field site visits; up to 4 hours per visit) to confer with City project inspector and Contractor. Consultant will attend final inspection walk- through and provide a Certificate of Completion upon successful completion of the project. (4) Consultant will prepare Record Drawings based on Contractor - provided construction "red -line" drawings. EXHIBIT "A - 1 " Page 5 of 8 (a) All drawings shall be CADD drawn using AutoCAD dwg format. B. ADDITIONAL SERVICES (ALLOWANCE) 1. PERMIT PREPARATION a) TPDES PERMIT (1) Consultant will prepare NOI for signature by City's responsible party. (2) City will be responsible for submitting the completed NOI and paying the application fee. b) TDLR SUBMITTAL (1) Consultant will prepare and submit the following documents and associated review fee to TDLR. (a) Project Registration form. (b) Bid set plans for TDLR Plan Review. (c) Request for Inspection form. (2) Consultant will submit payment to TDLR for any associated fees. 2. RIGHT -OF -WAY (ROW) IDENTIFICATION SURVEY a) Establish the location of the ROW at specified locations to determine if there is adequate ROW to accommodate the required ADA improvements. It is estimated that 13 locations will require ROW identification. 3. TOPOGRAPHIC SURVEY a) Provide detailed topographic survey at each new curb ramp location (an allowance for up to 141 corner location topographic surveys have been included in this contract). Survey data will include all existing above ground appurtenances such as existing curb and gutter, power poles, traffic signal foundations, traffic signal controller boxes, fire hydrants, curb inlets, signs, fences, natural ground, etc. which may affect the design and construction of the proposed ADA improvements. (1) For curb ramps that do not have adjoining sidewalks that will be surveyed as part of item B.3.b, establish cross slope and profile of the existing sidewalk 20 feet beyond the end of the existing curb and gutter radius return. b) Establish cross slope and profile for up to 26,951 LF of existing sidewalk/pedestrian pathway. 4. ENVIRONMENTAL ISS NOT APPLICABLE EXHIBIT "A -1" Page 6 of 8 5. PUBLIC INVOLVEMENT a) PRESENTATION (1) Prepare one (1) PowerPoint presentation for meeting with Committee for Persons with Disabilities Engineering Sub - Committee. (a) Consultant staff will attend the meeting. 6. NOT APPLICABLE 7. CONSTRUCTION OBSERVATION NOT APPLICABLE 8. START UP SERVICES NOT APPLICABLE 9. WARRANTY PHASE a) Provide Warranty Phase Inspection. b) Prepare Warranty Phase Report. 10. ADA IMPROVEMENTS IDIIQ PROJECT CONTRACT DOCUMENTS (PLANS & SPECIFICATIONS) TO BE DETERMINED a) Prepare Example Delivery Orders and Forms (1) Consultant will prepare ID /IQ plans and specifications with example ID /IQ Delivery Orders. (2) Consultant will prepare an example Delivery Order form. b) Prepare Citizen Requested Delivery Orders (1) Consultant will prepare Citizen Request Delivery Orders. Delivery Orders will be limited to curb ramp corners with minimal obstructions and simple alignment features that do not require detailed design. A "City of Corpus Christi Pedestrian Curb Ramp Standards" ramp configuration will be the basis for each corner improvement. It is assumed that each Delivery Order will consist of one plan sheet designed at the level of detail set forth in the agreement of this contract. It is assumed that a plan sheet will have one (1) intersection or 560 LF of sidewalk. (a) Delivery Orders will include: (i) Coordination with City Staff and a preliminary site visit. (ii) A simple schematic layout (no topographic survey) of curb ramp improvements. (iii) Construction Cost Estimate. (b) Delivery Orders will not include: EXHIBIT "A -1" Page 7 of 8 (i) Construction observation /construction administration site visits. (ii) Corners that would require complex ramp alignment retrofits around obstructions. (iii) Topographic survey and ROW identification /acquisition services. (iv) Striping and signalization features. (2) The preparation of Citizen Request Delivery Orders will be paid to the A/E under a contract amendment at a rate of $1,200 per Delivery Order. EXHIBIT "A -1" Page 8 of 8 EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR A/E PROFESSIONAL SERVICES /CONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation, Bodily Injury & Property Damage non - renewal or material change required Per occurrence - aggregate on all certificates COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired — Non -owned vehicles PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions 'COMPENSATION $1,000,000 per claim / $2,000,000 aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured Which Complies with the Texas Workers Compensation Act EMPLOYERS' LIABILITY 500,000/500,000/500,000 C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. EXHIBIT "B" Page 1 of 3 JAEngineering FormsILARGE AE EXHIBIT B.DOCX D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, 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. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 Fax: (361) 826 -4555 G. 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: L Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; ii. 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; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. H. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance EXHIBIT "B" Page 2 of 3 JAEngheering FormsVI ARGE AE EXHIBIT B. DOCX 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. I. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and /or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. 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 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. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. EXHIBIT "B" Page 3 of 3 J:Tngineedng FormsU ARGE AE EXHIBIT B.DOCX COMPLETE PROJECT NAME Project No. E11088 Invoice No. 12345 Invoice Date: Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting O & M Manuals SCADA Subtotal Additional Services Total Amount Previous Total Percent Contract Amd No.1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $15,117 Summary of Fees $0 Basic Services Fees $0 Additional Services Fees $1,000 Total of Fees M X 20,818 0 0 UW 1,000 0 1,500 ° n 7% 0 0 Total Amount Previous Total Percent Contract Amd No.1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $15,117 $0 $0 $15,117 $0 $1,000 $1,000 7% 20,818 0 0 20,818 1,000 500 1,500 7% 0 0 0 0 0 0 0 n/a 14,166 0 0 14,166 0 0 0 n/a 0% 0 0 0 0 0 0 0 $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% $0 $0 $0 $0 $0 $0 $0 n/a 0 0 0 0 0 0 0 n/a 9,011 0 0 9,011 0 0 0 0% 29,090 0 0 29,090 0 0 0 0% 1,294 0 0 1,294 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $39,395 $0 $0 $39,395 $0 $0 $0 0% $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% 39,395 0 0 39,395 0 0 0 0% $89,496 $0 $0 $89,496 $750 $1,500 $2,500 3% SUPPLIER NUMBER To BE ASSIGNED BYCITY PURCHASING DIVISION Ci,y of CITY OF CORPUS CHRISTI oti 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: CH2M Hill, Inc. P. O. BOX: STREET ADDRESS: 555 N. Camncahua, Suite 310 CITY: Corpus Christi ZIP: 7 8401 FIRM IS: 1. Corporation 2. Partnership 8 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm" Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm" Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm" Name Consultant N/A FILING REQUIREMENT If a person who requests official action on a matter knows that the requested action will confer an economic benefit on anv Cit-., official or ernylovec that is distinguishable front the effect that the action will have on members of the �ublic in genera 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 flit interest of the City official or crn�Joyce ill the matter is apparent. The disclosure shall also be made in a signed writing filed with the City ecretary. [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: Sidney A. Fans, P. E. Title: (Type or Print) Vice President Signature of Certifying Date: Person: �' 5 '_ 41 t04 d 932WHOM -31 12-b-5 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". Ali action that is likely to affect in economic interest if it is likely to have all effect on that interest that is distinguishable frorn its effect on members or 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 all independent contractor. d. "Firtu." A ny c n tity operated for economic gain, whether professional, industrial or com mere i a], and whether established to produce or deal with a product or service, including but not limited to, entities operated in the forth 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. c. "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 ChTiSti,'I'exas. **Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." "Consultant." Any person or firm. such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. CITY COUNCIL EXHIBIT ADA MASTER PLAN IMPROVEMENTS CITY OF CORPUS CHRISTI, TEXAS CITY -WIDE BOND ISSUE 2012 DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 FA R • Y �t AGENDA MEMORANDUM Future Item for the City Council Meeting of May 14, 2013 Action Item for the City Council Meeting of May 28, 2013 DATE: May 2, 2013 TO: Ronald L. Olson, City Manager FROM: Oscar R. Martinez, Assistant City Manager for Public Works & Utilities Oscarm(cD cctexas. con (361) 826 - 3897 Daniel Biles, P. E., Director of Engineering Services dan b(a)- cctexas. com (361) 826 -3729 CAPTION: Execute Interlocal Agreement Regional Transportation Authority Street Improvement Program Resolution authorizing the City Manager, or designee, to execute an Interlocal Agreement with the Corpus Christi Regional Transportation Authority to increase funding based upon sales tax revenues and provide for a more efficient process in funding street improvements. PURPOSE: The purpose of this Agenda Item is to execute an Interlocal Agreement with the Corpus Christi Regional Transportation Authority (CCRTA) to provide a new mechanism for funding street improvement contributions. This new agreement will replace the existing Interlocal Agreement for street improvement contributions between the CCRTA and the City in its entirety. BACKGROUND AND FINDINGS City staff has diligently worked with the CCRTA over the past several months to develop an equitable agreement for funding RTA yearly contributions to the City for street improvements. The new funding formula indexes allocations to sales tax receipts and is subject to the appropriation of funds by each entity in its annual budget. The formula was originally developed by the City of Corpus Christi and is based on Axle Load Factors of RTA buses. The approved funds shall be used primarily for overlays and sealcoat projects on roadways utilized by the CCRTA. Any projects involving the construction of bus pads or Americans with Disability (ADA) accessibility improvements shall be funded separately either by the CCRTA or the City acting independently or based upon a separate agreement. ALTERNATIVES • Do not provide authority to execute the Interlocal Agreement (not recommended) CONFORMITY TO CITY POLICY The Interlocal Agreement is authorized by Chapter 791 of the Government Code and conforms to the City's policies and charter requirements for contracts. EMERGENCY /NON- EMERGENCY Not applicable DEPARTMENTALCLEARANCES Street Department FINANCIAL IMPACT Not applicable at this time. Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget Encumbered / Expended Amount This item (Revenue) 2,281,890 2,281,890 BALANCE 2,281,890 2,281,890 Fund(s): Comments: RECOMMENDATION Passage of the resolution as proposed for authority to enter into the Interlocal Agreement. LIST OF SUPPORTING DOCUMENTS Resolution Interlocal Agreement Page 1 of 2 Resolution authorizing the City Manager, or designee, to execute an Interlocal Agreement with the Regional Transportation Authority to increase funding based upon sales tax revenues and provide for a more efficient process in funding street improvements. 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 an Interlocal Agreement with the Corpus Christi Regional Transportation Authority to provide funding for yearly street improvements as outlined in the Interlocal agreement. A copy of the agreement is attached. SECTION 2. This Resolution shall supersede previous agreements and take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor Page 2 of 2 Corpus Christi, Texas of , 2013 The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott INTERLOCAL AGREEMENT (Street Improvement Program) This Interlocal Agreement is made between Regional Transportation Authority in Corpus Christi, Texas ("RTA" ),r a metropolitan transit authority operating under Chapter 451 of the Texas Transportation Code, and the City of Corpus Christi, Texas, ( "City "), a municipal corporation. WHEREAS, the RTA has provided a Street Improvement Program (the "Street Improvement Program" or the "Program ") since the RTA's creation in 1985, to provide financial assistance for street improvements to local governmental entities; and WHEREAS, the RTA desires to increase funding based upon sales tax revenues and provide for a more efficient process in funding street improvement projects; NOW, THEREFORE, BE IT AGREED BY THE REGIONAL TRANSPORTATION AUTHORITY AND THE CITY OF CORPUS CHRISTI, TEXAS: 1. Proposals U_ nder Program No later than March 31 of each year during the term of this Agreement, the City shall submit a request specifying the street improvement projects (the "Projects ") which are eligible for consideration for funding under the new Street Improvement Program. RTA shall review the proposals submitted by all governmental entities in the RTA's service area and develop a list of priorities of the Projects based on the transportation needs of the RTA and the transportation needs of the City. The RTA staff and the staff of the City shall work diligently to develop a final list of Projects to be funded under this Program. To the extent feasible, the City shall coordinate with overlapping jurisdictions any street improvements which will maximize the impact of RTA's Street Improvement Program. 2. Funding The RTA is allocating a percentage of its sales tax receipts for funding the new Street Improvement Program, said amount to be allocated among all participating governmental units based upon an allocation formula developed by the RTA. The RTA's actual funding for the Program for each fiscal year shall be based on the amount budgeted for the Street Improvement Program adopted for the fiscal year. The projected funding for fiscal year 2013 under this Agreement is $2,281,891.00. 3. Eligible Street Improvements The Projects eligible for funding shall include any street improvement projects permitted under Chapter 451 of the Texas Transportation Code. The City may seek for inclusion as an eligible Project, Projects which would be wholly - funded by the RTA and Projects which may be partially- funded by RTA. The parties agree that the City intends to use the funds primarily for overlays and sealcoat Projects on roadways utilized by the RTA as authorized under Chapter 451. Any Projects involving the construction of bus pads or ADA accessibility improvements shall be funded separately either by the RTA or the City acting independently, or based on their mutual agreement. 4. ' C!2ml2letion 2f Projects. Upon approval of the Projects by the RTA, the RTA shall provide funding by remitting payment directly to City as and when the expenses are incurred, subject to the maximum funding authorized under this Agreement. The City agrees to diligently proceed with the completion of the approved Projects upon the receipt of funding. Upon the completion of the Projects, the City shall invoice the RTA for the amounts payable under this Agreement showing the actual expenditures made by the City in connection with the Projects and the amount payable by the RTA. The RTA shall make payment within thirty (30) days of the receipt of the invoice subject to the requirements of this Agreement. S. S-iinage All Projects funded by the RTA will be identified as an RTA - funded Project through construction signs or other signage located at the site of the Project. Such signs shall be provided by the RTA and maintained by the City on the construction sites throughout the project, but at least a minimum of seven (7) days in the event the project takes less than seven (7) days to complete. 6. Reporting Within ninety (90) days following the end of each year of this Agreement, the City shall report to the RTA on any Projects that have not been completed by the time the report is made and indicate the status of the Projects and the estimated time of completion. The report shall be supplemented by the City upon completion of the Project by the submission of the invoice showing the actual amount of expenditures made and amount payable by the RTA. 7. Term and Renewal This Agreement shall be for an initial term of one year, This agreement is subject to automatic renewal unless terminated as provided herein. Notice of termination shall be given upon 90 days advance written notice. Any such notice of termination shall be given to each of the parties to this Agreement in accordance with the notice provisions provided below. 8. Additional Projects. Nothing in this Agreement shall prevent the RTA and the City from entering into other agreements for the completion of street improvements or other transportation- related projects of mutual interest outside the terms of this Agreement or entering into multi -year programs for major projects. 9. Pa ents. Any payment made by the RTA for any of the services provided pursuant to this Agreement shall be made out of current revenues available to the RTA as required by the Inte r - local Cooperation Act. All funding obligations of the RTA and the City under this Agreement are subject to the appropriation of funds by each entity in its annual budget. 10. Federal Provisions The City agrees to include such provisions in its construction documents as reasonably required by the RTA in order to meet the requirements of the federal government for providing federal transit assistance. The City agrees to comply with Title VI of the Civil Rights Act in its determination of projects funded under this Agreement. The RTA shall review all projects to ensure compliance with Title VI of the Civil Rights Act. 11. Severabilit Clause. If any portion of this Agreement or the application thereof to any person or circumstance shall be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby and shall continue to be enforceable in accordance with its terns. 12. Notices Notices under this Agreement shall be addressed to the parties as indicated below, or changed by written notice to such effect, and shall be effected when delivered or when deposited in the U.S. Mail, post pre -paid, certified mail, return receipt requested. -2- RTA: CEO Regional Transportation Authority 5658 Bear Lane Corpus Christi, Texas 78405 CITY: City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Attn: City Manager 13. Performance This Agreement shall be performed in Nueces County, Texas, and shall be interpreted according to the laws of the State of Texas. 14. Entire Agreement This Agreement represents the entire agreement between the parties and may not be modified by any oral agreements or understandings. Any amendments must be made in writing and signed by all parties. 15.. Assignment This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective successors and permitted assigns. This Agreement may not be assigned by any party without the written consent of all of the other parties. 16. Inter -local Cooperation A.C.I This Agreement is subject to the terms and provisions of the Texas Inter -local Cooperation Act, codified as Chapter 791 of the Texas Local Government Code. Further, each party represents that this agreement has been duly passed and approved by its governing body, as required by the Act. 17. Replacement of 2001 Agreement This Interlocal Agreement for street improvement funds between the RTA and the City shall replace the 2001 Interlocal Agreement for street improvement funds between the RTA and the City in its entirety. The funding in this Interlocal Agreement includes the funding provided in that original Agreement between the City and the RTA dated as of November 26, 1985. Executed this day of 9 2013. CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY CITY OF CORPUS CHRISTI By: Ronald L. Olson, City Manager CADocuments and Setdngs%lyaunk%Local Settinsffemporary Internet Piles %Content- OutloDk\XCNPAP8U%13 TransFund Agmt -CC -rev (4).docx -3- U I.-T. I MI. r, I W01 Chapter 380 Agreement for Staples Center Retail Venture, LP (The Shops at La Palmera) Dual Approving a resolution authorizing the City Manager or designee to execute a Chapter 380 Economic Development Incentive Agreement with Staples Center Retail Venture, LP ("Agreement") for certain economic development grants for redevelopment of Staples Retail Center and Mt. Vernon Center, for the benefit of the City. uahh �.... -- The City of Corpus Christi will enter into a Chapter 380 agreement with Staples Center Reta;il Venture, LIP for incentives to redevelop a Staples Retail Center and the Mt Vernon Center located across from La Palmera Mail.; This agreement will provide for sharing of City's portion of the Maintenance and Operating ad valorem property tax revenues only over a 10 year term and is capped at $519,000. I:-JAN M MIJ WXXIIAMINU WR = - 0 emeru III "! - %it I I b% 04 A 7 1 W - d r 1 f F 15 C i IF Jill $24,772.04 per year. The agreement terminates at the end of 10 years or when the rebate has reached $519,000 whichever comes first. FINANCIAL IMPACT: o Operating o Revenue 0 Capital o Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) . .... ... Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item f519.000) —(5 �1000) BALANCE 0 0 RECOMMENDATION: Staff recommends approval of this Chapter 380 agreement with Staples Center Retail Venture, LP. Resolution Certification of Funds (Not Required) Chapter 380 Agreement Page 1 of 2 Resolution Authorizing the City Manager or designee to execute a Chapter 380 Economic Development Incentive Agreement with Staples Center Retail Venture, LP ( "Agreement ") for certain economic development grants for redevelopment of Staples Retail Center and Mt. Vernon Center, for the benefit of the City. WHEREAS, the City has established a program in accordance with Article III, Section 52 -a of the Texas Constitution and Chapter 380 of the Texas Local Government Code ( "Chapter 380 ") under which the City has the authority to make loans or grants of public funds for the purposes of promoting local economic development and stimulating business and commercial activity within the City; and WHEREAS, City Council deems that the Agreement is in compliance with the City's Chapter 380 Economic Development Program Policy adopted by Resolution 028424 on November 17, 2009, and it is the best interest of the City and citizens to approve the Agreement with Staples Center Retail Venture, LP for certain economic development grants for redevelopment of Staples Retail Center and Mt. Vernon Center, for the benefit of the City. Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Council declares the recital paragraphs of this Resolution to be true. The City Manager or the City Manager's designee is authorized to execute the Agreement, which is on file at the City Secretary's office, with Staples Center Retail Venture, LP for certain economic development grants for redevelopment of Staples Retail Center and Mt. Vernon Center, for the benefit of the City. This resolution takes effect upon City Council approval on this the day of 2013. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Corpus Christi, Texas of , 2013 Nelda Martinez Mayor RESOLUTION Staples Center 380 Agmt 4 -1 -13 Page 2 of 2 The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott RESOLUTION Staples Center 380 Agmt 4 -1 -13 CHAPTER 380 .TEF-Y-Iffj-VJF--4-G--VIFy WIMM wmmi� Im a*_lvmvmwxklv 12 k"41 M Page I of 24 Staples Center 380 Agent 2-28-13 This Agreement ("Agreement") is made and entered into as of _, 2013 (the "Effective Date"), by and arnong the City of Corpus Christi, Texas, a home-rule municipal corporation (the "City") and Staples Center Retail Venture LP ("Developer"), a Delaware limited partnership. WHEREAS, the Developer desires to redevelop The Shops at La Palmera as more particularly described in the conceptual plan for the project attached hereto as Exhibit A (the "Project" as more particularly defined below), in Corpus Christi, Texas; and WHEREAS, the City has established a program in accordance with Article III, Section 52-a of the Texas Constitution and Chapter 380 of the Texas Local Government Code ("Chapter 380") under which the City has the authority to make loans or gTants of public funds for the purposes of promoting local economic development and stimulating business and commercial activity within the City; and WHEREAS, the City has concluded and hereby finds that this Agreement promotes economic development in the City of Corpus Christi and, as such, meets the requirements under Chapter 380 and the City's established economic development program, and, further, is in the best interests of the City and the Developer; and WHEREAS, the City recognizes the positive economic impact that the Project will bring to the City through development and diversification of the economy, reduction of unemployment and underemployment through the production of new jobs, the attraction of new businesses, and the additional ad valorem tax revenue generated by the Project for the City; and WHEREAS, the Project redevelops existing infrastructure and will make a unique contribution to the - redevelopment efforts in the City, due to its magnitude, significance to the community and aesthetic quality; and WHEREAS, the Developer will directly finance, design and construct the Project as contemplated in this Agreement; and WHEREAS, in consideration of the redevelopment and construction of The Shops at La Palmera, which will assist in stabilizing the existing Property Tax Revenues (as defined herein) to the City and create/retalin approximately 105 new and 50 existing jobs located at the Project Page 2 of 24 Staples Center 380 A 2-28-13 WHEREAS, consistent with Article 111, Section 52-a of the Texas Constitution, Chapter 380 and other law, City and the Developer agree to work together to cause the public purposes of developing and diversifying the economy of the state, reducing unemployment or underemployment in the state, and developing or expanding transportation or commerce in the state; and WHEREAS, to ensure that the benefits the City provides under this Agreement are utilized in a manner consistent with Article 111, Section 52-a of the Texas Constitution, Chapter 380 and other law, the Developer has agreed to comply with certain conditions for receiving those benefits, including performance measures relating to job creation, Project operations, and the hiring of local and disadvantaged businesses for the construction of the Project; and WHEREAS, the City and the Developer desire to enter into this Agreement for their mutual benefit; NOW, THEREFORE: AGREEMENT For and in consideration of the foregoing recitals and of the mutual promises, obligations, covenants and benefits herein contained, City and the Developer contract and agree as follows: ARTICLE 1, Section 1.01 Incorporation of Recitals. The recitals to this Agreement are hereby incorporated for all purposes. Section 1.02 Definitions and Terms. The terms "A ffeernent," `Chapter 380," "City," "Developer," "Effective Date and "Project ' shall have the above meanings, and the following terms have the following meanings: "Base Property Tax shall mean Twenty-four thousand, Seven hundred twenty-two and 041100 Dollars ($24,722.04), the arnount of ad valorem taxes levied and collected by the City for 2012 on the Property based on its use and valuation as of January 1, 2012, subject to the City's confirmation. "Cit Cominitivient" is defined in Article IV. Page 3 of 24 Staples Center 380 Agint 2-28-13 "Commencement Date" shall mean the January 15, 2013. "Com 11etion" shall mean the date the Developer has completed the Project with a _ minimum investment of private capital of not less than $17,000,000 within twenty-four (24) months of the Commencement Date. "Fiscal Year" shall mean the twelve consecutive month period designated by the City as its fiscal year, As of the date of this Agreement, the City's fiscal year commences on August 1 and ends on the next succeeding July 31. "huprovements" shall mean and include the redevelopment of The Shops at La Palmera as described in the Exhibits to this Agreement. "Letter of AceqnLance" shall mean a certificate of the City certifying the completion of all or a portion of the Improvements constructed by or under the supervision of the Developer in accordance with the applicable plans and regulations. "Maximum City Commitment" shall mean the largest commitment due by the City to the Developer as determined in Article IV. "Parties" or TZarff' shall mean the City and the Developer, the parties to this Agreement. "Project" shall mean the improvements as described herein and as constructed by the Developer upon Completion. "Property" shall mean the real property on which the Project will be built, as described in Exhibit C attached hereto. "Property Tax Revenues" shall mean 1(70% of the M&O portion only of the City ad valorem taxes generated from the Project and collected by the City in each Fiscal Year, above the M&O portion of the Base Property Tax, during the term of this Agreement. "Reimbursement Amount" shall mean an amount not to exceed $519,000 based on the Property Tax Revenues. The Reimbursement Amount shall not include any i) municipal ad valorem taxes generated by personal property included in the Project; or ii) utilities revenues and other fees collected by the City from the Project. "Reimbursement Fund" shall mean the special fund created by the City as described in section 4.01 (A) of this Agreement. Page 4 of 24 Staples Center 380 Agmt 2-28-13 "Retail" shall mean the use of a facility for the sale of goods to consumers, a facility for the provision of services to consumers, a facility for the sale and service of food or beverages to consumers, or a facility providing entertainment to consumers. Section 1.03 Singplar and Plural. Words used herein in the singular, where the context so permits, also include the plural and vice versa. The definitions of words in the singular herein also apply to such words when used in the plural where the context so permits and vice versa. ARTICLE H Section 2.01 Representations of the City. The City hereby represents to the Developer that as of the date hereof (A) The City is a duly created and existing municipal corporation and home rule municipality of the State of Texas under the laws of the State of Texas and is duly qualified and authorized to carry on the governmental functions and operations as contemplated by this Agreement. (B) The City has the power, authority and legal right under the laws of the State of Texas and the City Charter to enter into and perform this Agreement and the execution, delivery and performance hereof (i) - will not, to the best of its knowledge, violate any applicable judgment, order, law or regulation, and (ii) do not constitute a default under, or result in the creation of any lien, charge, encumbrance or security interest upon any assets of the City under any agreement or instrument to which the City is a party or by which the City or its assets may be bound or affected. (C) This Agreement has been duly authorized, executed and delivered by the City and, constitutes a legal, valid and binding obligation of the City, enforceable in accordance with its terms except to the extent that (i) the enforceability of such instruments may be limited by bankruptcy, reorganization, insolvency, moratorium or other similar laws of general application in effect from time to time relating to or affecting the enforcement of creditors' rights and (ii) certain equitable remedies including specific performance may be unavailable. (D) The execution, delivery and performance of this Agreement by the City do not require the consent or approval of any person which has not been obtained. Section 2.02 Rey escntations of the l e relo er. The Developer hereby represents to the City that as of the date hereof. Page 5 oft Staples Center 380 Agmt 2-28-13 (A) The Developer is duly authorized and existing and in good standing under the laws of the State of Texas, and is qualified to do business in the State of Texas. (B) The Developer has the power, authority and legal right to enter into and perform its obligations set forth in this Agreement, and the execution, delivery and pQrfon hereof, (1) have been duly authorized, and will not, to the best of its knowledge, violate any judgment, order, law or regulation applicable to the Developer, and (ii) do not constitute a default under or result in the creation of, any lien, charge, encumbrance or security interest upon any assets of the Developer under any agreement or instrument to which the Developer is a party or by which the Developer or its assets may be bound or affected. (C) The Developer will have or cause to have sufficient available funds to perform its obligations - under this Agreement at the time it needs to have the funds. (D) This Agreement has been duly authorized, executed and delivered and constitutes a legal, valid and binding obligation of the Developer, enforceable in accordance with its terms Z�I except to the extent that (i) the enforceability of such instruments may be limited by bankruptcy, reorganization, insolvency, moratorium or other similar laws of general application in effect from time to time relating to or afTecting the enforcement of creditors' rights and (ii) certain equitable remedies including specific perfon may be unavailable. Section 3.01 Project. (A) Subject to acquiring the Property, obtaining financing for the construction of the Project, and the compliance of the City with the terms of this Agreement, the Developer agrees to develop and construct the Project as described herein to accomplish Completion of the Project within twenty-four (24) months from the Commencement Date. The Developer shall pay, or cause third parties to pay, all engineering, planning, accounting, architectural, legal fees and expenses, survey, testing, laboratory costs, license fees, land clearing and grading costs, advertising and other bidding costs, amounts due under construction contracts, costs of labor and material, insurance premiums, interest, carry cost, financing fees and other costs and expenses included in connection with the construction of such improvements, which costs, as set forth in, Exhibit B attached hereto, are expected to approximate $17,000,000. The Developer shall provide reasonable evidence of expenditures of private capital by the Developer or by third parties for the improvements to the Project. The City shall not be responsible for any of such costs out of its current revenues or other sources, except in accordance with payment to the Page 6 of 24 staples Center 380 A t 2-28-13 Developer for the costs of the h in the Reimbursement Amount as provided in this Agreement. (B) The Developer may deem the Project complete and accept the Reimbursement Amount, subject to the terms and conditions of this Agreement. The Developer agrees to assist the City, if so requested by the City, in the preparation of any documentation necessary for the preparation and approval of any of the documents or actions - required by the City to perform any of the obligations under this Agreement. The Developer further shall prepare or cause to be prepared any preliminary architectural or engineering plans and financial data and projections reasonably necessary to perform the obligations of the City under this Agreement. The Developer agrees to proceed in good faith towards the redevelopment of the Project, Upon Completion of the Project and during the tenn. of this Agreement, the Developer shall maintain the property, improvements and premises in a commercially reasonable manner, comparable to the maintenance of similar retail establishments, and shall timely pay all taxes assessed against the property. Section 3.02 Job Creation. The Developer's receipt of the Reimbursement Amount is subject to the following commitment (the "Jobs Requirement"): the Developer agrees to construct the Project and demonstrate, by no later than twelve (12) months after the Completion, that at least the following retained and new jobs will be created by Retail establishments located or to be located within the Project, which jobs will be made available principally to local residents residing within the City: 50 retained jobs and 105 newly created jobs. The demonstration of satisfaction of the Jobs Requirement shall be examined at the end of the twenty-fourth (24 month after Completion, The Developer shall obtain certification from its tenants or occupants as to the number of new jobs created in compliance with this provision. As used herein, the teirn "jobs" shall mean full-time equivalent positions providing a regular work schedule of at least 35 hours per week. Upon the request of the City, the Developer shall submit on or before the pertinent dates, docurnentation as reasonably necessary to evidence satisfaction that the Developer has met the Jobs Requirement. Section 3.03 Qperational (A) The Developer's receipt of the Reimbursement Aniount is subject to the following commitment (the "Qperational Rqguirement"): the Developer agrees to maintain the Project as a Retail and/or mixed use development for the duration of the period during which the Reimbursement Amount is paid; any default in such obligation shall result in the forfeiture of the right to receive reimbursement for any of the Reimbursement Amount. Page 7 of 24 Staples Center 380 Agent -28 -1 (B) Additionally, Developer's failure to complete within twenty-four (2 4) months from the Commencement Date shall be a default hereunder and the Developer shall forfeit the right to receive reimbursement. Section 3.04 Utilization of Local Contractors and Sopliers. Developer agrees to exercise reasonable efforts in utilizing local contractors and suppliers in the construction of the Project, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the non course of business, with a goal of 50% of the total dollar amount of all construction contracts and supply agreements being paid to local contractors and suppliers (the "Local Requirement " }, For the purposes of this section, the tern "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50-mile radius of Nueces County. This goal shall apply to the total amount of all construction contracts and supply agreements made by the Developer in connection with the construction of the Project. The Parties acknowledge that some construction and supply agreements will be controlled by particular tenants of the Developer and not under the control of the Developer. The Developer agrees to encourage such third parties to adopt a comparable goal of 50% of their construction costs, but the City acknowledges that Developer has no legal authority in connection with such third-party contracting. The Developer agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts ofthe Developer to comply with the Local Requirement, pursuant to Section 3.08 herein. Section 3.05 Utilization of Disadvantage Business Enterprises, Small Business Initiatives. (A) Developer agrees to exercise reasonable efforts in utilizing contractors and suppliers that are determined to be disadvantaged business enterprises,, including minority business enterprises, women-owned business enterprises and historically-underutilized business enterprises, in the construction of elements of the Project (the '"DBE Requirement,"). In order to qualify as a business enterprise under this provision, the firm must be certified by the City, the Regional Transportation Authority or another governmental entity in the jurisdiction of the home office of the business as complying with state or federal standards for qualification as such an enterprise. The Developer agrees to a goal of 30% of the total dollar amount of all construction contracts and supply agreements, for elements of the Project being paid to disadvantaged business enterprises, with a priority made for disadvantaged business enterprises which are local. Tile Developer agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of the Developer to comply with the DBE Requirement, pursuant to Section 3.08 herein. (B) For the purposes of this section, the term "local" as used to describe contractors and suppliers that are determined to be disadvantaged business enterprises, including minority Page 8 of 24 Staples Center 380 Agint 2-28-13 business enterprises, women-owned business enterprises and historically-underutilized business enterprises includes firms, businesses, and persons who reside in or maintain an office within a 50-mile radius of Nueces County. This goal shall apply to the total amount of all construction contracts and supply agreements made by the Developer in connection with the construction of the Project. The parties acknowledge that some construction and supply agreements will be controlled by particular tenants of the Developer and not under the control of the Developer, The Developer agrees to encourage such third parties to adopt a comparable goal of 30% of their construction costs, but the City acknowledges that Developer has no legal authority in connection with such third-party contracting. Section 3.06 Reimbursement Reduction. If the Developer does not satisfy the Jobs Requirement, the City may reduce the Reimbursement Amount. The percentage. of any Reimbursement Amount reduction taken as a result of failure to satisfy the Jobs Requirement shall not exceed the percentage by which the Developer does not satisfy the Jobs Requirement. If the Developer does not satisfy the Local Requirement an&or the DBE Requirement, the City may reduce the Reimbursement Amount. The percentage of any Reimbursement Amount reduction taken as a result of failure to satisfy the Local Requirement and/or the DBE Requirement shall not exceed the percentage by which the Developer does not satisfy the Local Requirement and/or the DBE Requirement. The City agrees not to reduce the Reimbursement Amount for failure to satisfy the Local Requirement and/or the DBE Requirement as long as the Developer has exercised reasonable efforts to comply with the Local Requirement and/or the DBE Requirement. The Developer shall be deemed to have exercised 'reasonable efforts to comply with the Local Requirement and/or the DBE Requirement as long as the Developer keeps and provides to the City records required to be maintained under Sections 3.04 and 3.05 documenting its reasonable compliance attempts, even if the Developer does not actually meet the compliance goals. Section 3.07 Employment of Undocumented Workers. The Developer does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving Reimbursement Amount payments, the Developer is convicted of a violation under 8 U.S.C. Section 1324a(f),the Developer shall repay the Reimbursement Amount payments, with interest at the Wall Street Journal Prime Rate, not later than the 120"' day after the date the Developer has been notified of the violation. Section 3.08 Monitoring by the City. Monitoring to determine the Developer's compliance with the terms of this Agreement for compliance purposes will be done by the City on an annual basis. During the monitoring process, the City will make maximum use of any State and Federal submissions for the determination of contract compliance. Monitoring may be accomplished by City personnel or other persons designated by the City and shall include review Page 9 of 24 Staples Center 380 Agrnt 2-28-13 of compliance with the Jobs Requirement, the Operational Requirement, the Local Requirement, and the DBE Requirement. The Developer agrees to reasonably cooperate with the City in such monitoring process. ARTICLE IV EMQJE!L1 M.,&ITCaGANI) FUNDING Section 4.01 Project Financing (A) The City hereby covenants and agrees upon the Effective Date of this Agreement to create a special fund (the "Reimbursement Fund") for the benefit of the Developer for the purpose of paying the Reimbursement Amount. The City shall annually fund the Reimbursement Fund through the term of this Agreement from the Property Tax Revenues. The Reimbursement Fund shall always remain unencumbered by the City and segregated from all other funds of the City. Such funds are held in trust by the City for the Developer to be used in accordance with the terms hereof as long as Developer is in compliance with this Agreement. The City agrees that it will, upon Completion of the Project, make annual cash payments of the Reimbursement Amount calculated on the basis of the Property Tax Revenues, by June I of each applicable year, from the Reimbursement Fund, to the Developer if cash is available for such purpose under this Agreement until the Reimbursement Amount is paid in full as provided herein, (B) The City agrees that it will make cash payments to the Developer for the Reimbursement Amount, but such cash payments shall be limited in amount to the City Commitment. Section 4.02 City Commitment. (A) Pursuant to its authority under Chapter 380, the City hereby agrees to pay the Reimbursement Amount to the Developer. It is intended by the parties that the Reimbursement Amount will be paid by the City solely out of the Reimbursement Fund and used to make payments to the Developer as provided in this Agreement (the "City Commitment"). The maximum amount of the City Commitment is set forth in Section 4.02(B). The City Commitment will commence upon Completion and will continue through and until the Reimbursement Amount has been paid. The City agrees that it will pay the Reimbursement Amount during the term of this Agreement, as an - unconditional obligation of the City (but solely from the Reimbursement Fund), if the Project is Completed and generates the Reimbursement Amount. Such payments are not subject to any reduction, whether offset or otherwise, except pursuant to Sections 3.03 and 3.06 hereof Page 10 of 24 staples Center 381 Amt 2-28-13 (B) The Parties agree that the maximum City Commitment shall be $519,000, and such obligation on behalf of the City will be limited solely to the funds deposited into the Reimbursement Fund pursuant to this Agreement. Subject to Section 6.01, upon such time as the City has contributed the maximum City Commitment in full, the City shall have no further obligation under this Agreement. The Parties agree that so long as the Developer has achieved the minimum private investment described in the definition of Completion above, the Developer shall be entitled to payment of the City Commitment. (C) The City shall determine the amount of the Property Tax Revenues received ammally by the City in cooperation with the Developer. The City hereby agrees to deposit frorn available funds in the City's General Fund an amount equal to the Property Tax Revenues into the Reimbursement Fund in accordance with Section 4.01 (A) of this Agreement, and hereby pledges such fund to the payment of the City Commitment as provided herein. The City Commitment shall be remitted to the Developer on or before June I of each year. The City shall maintain complete books and records showing deposits to and disbursements from the Reimbursement Fund, which books and records shall be deemed complete if kept in accordance with generally accepted accounting principles as applied to Texas municipalities. Such books and records shall be available for examination by the duly authorized officers or agents of the Developer during normal business hours upon request made not less than five business days prior to the date of such examination. The City shall maintain such books and records throughout the Term of this Agreement and store the same for four years thereafter. ARTICLE V k,JJ)1)1 DiUTMS AND RESPONSIBILITIES Section 5.01 Amendment of Agreeme Upon the request of the Developer, the City will not unreasonably decline to arnend this Agreement to provide for any reasonable changes necessary to carry forth the intent of this Agreement. ARTICLE VI TERM OF THE AGREEMENT AND OTHER OBLIGATIONS Section 6.01 Term and Termination. This Agreement shall have a term (the '" "Terror " ") beginning on the Commencement Date and continuing for a period until the earlier to occur of (a) the date as of which the tenth (I O' annual payment has been received by Developer, (b) the date as of which the cumulative incentive received by Developer equals the maximum City Commitment, or (c) the Agreement is otherwise terminated as provided herein. ARTICLE VII DEFAULT Page 11 of 24 Staples Center 380 Agmt 2-28-13 Section 7.01 Default. (A) If the City does not perform its obligations hereunder in substantial compliance with this Agreement and, if such default remains uncured for a period of 60 days after notice thereof shall have been given, in addition to the other rights under the law or given the Developer under this Agreement, the Developer may enforce specific performance of this Agreement, seek a writ of mandamus to perform obligations under this Agreement. (B) If the Developer does not perform its obligations hereunder in substantial compliance with this Agreement, arid, if such default remains uncured for a period of 60 days after notice thereof shall have been given, in addition to the other rights under the law or given to the City under this Agreement, the City may terminate this Agreement and any of the obligations associated herein and the City may seek actual damages incurred by the City for any such default. (C) Notwithstanding anything in this Agreement which is or may appear to be to the contrary, if the performance of any covenant or obligation to be performed hereunder by either Party is delayed as a result of circumstances wl are beyond the reasonable control of such Party, which circumstances may include, without limitation, pending or threatened litigation, acts. of God, war, acts of civil disobedience, fire or other casualty, shortage of materials, adverse weather conditions (such as, by way of illustration and not limitation, severe rain storms or below freezing temperatures, hurricane or tornados) labor action, strikes or similar acts, the time for such performance shall be extended by the amount of time of such delay. The Party claiming delay of performance as a result of any of the foregoing "force majeure" events shall deliver written notice of the commencement of any such delay resulting from such force majeure event not later than seven days after the claiming Party becomes aware of the same, and if the claiming Party fails to so notify the other Party of the occurrence of a force majeure event causing such delay, the claiming Party shall not be entitled to avail itself of the provisions for the extension of performance contained in this Section. (D) Should Developer fail to redevelop the Project with a private investment of at least 17,0000 within twenty-four (24) months 'from Commencement Date, this Agreement shall terminate without obligation of City to provide reimbursement to Developer. I ON M- Section 8.01 Severability. If any provision of this Agreement is held to be invalid or unenforceable by any court of competent jurisdiction for any reason, such provision shall be Page 12 of 24 Staples Center 3800 Agmt 2-28-13 fully severable, and the remainder of this Agreement shall remain in full force and effect. This Agreement -,hall be construed and enforced as if such invalid or unenforceable provision had never comprised a part of this Agreement. Section 8.02 Indemi-4ification. The Developer agrees to indemnify, defend and hold the City and its respective council members, board members, officers, employees and agents, han'nless from any actions, suits, liens, claims. damages, expenses. losses and liabilities (including reasonable attorneys' fees and expenses) arising from or in connection with its proceedings pursuant to this Agreement, which indemnity shall survive any termination of this Agreement; provided, however, Developer shall not indemnify, defend or hold harmless if the foregoing was the result of the gross negligence or willful misconduct of the City, or its respective council members, board members, officers, employees or agents. Section 8.03 Notice. Any notice or other communication required or permitted to be given pursuant to this Agreement shall be given to the other Party at the following address: If to the Developer. Staples Center Retail Venture, LP 1701 River Run, Suite 500 Fort Worth, Texas 76107 ATTN: Susan Gruppi w/ a copy to: Kelly Hart & Hallman LLP 201 Main Street, Suite 2500 Fort Worth, Texas 76102 ATTN: Darren J. Keyes If to the City; City of Corpus Christi 1201 Leopard Street (78401) P. 0. Box 9277 Corpus Christi, Texas 78469 ATTN: City Manager w/ a copy to: City of Corpus Christi 1201 Leopard Street (78401) P. 0. Box 9277 Corpus Christi, Texas 78469 AT N: City Attorney Any such notice or communication shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either Party may change the above Page 13 of 24 Staples Center 38OAgmt 2-28-13 address by sending written notice of such change to the other Party in the manner provided above. With the consent of the receiving Party, notice may be given by facsimile transmission or electronic mail. Section 8.04 Amendments and Waivers, Any provision of this Agreement may be amended or waived if such amendment or waiver is in writing and is signed by the City and the Developer. Section 8.05 Successors and Assigns. No party shall have the right to assign its rights under this Agreement or any interest herein, without the prior written consent of the other Party, which consent will not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, the Developer may assign its rights and responsibilities hereunder to any (i) successor, or (ii) entity which is related or affiliated with or a subsidiary of the Developer, Trademark or IM I and to which its rights to proceed with development of the Project are transferred. Such written consent shall not be unreasonably withheld and if such consent is not received by the Party seeking consent within thirty (30) days of their request for consent, the assignment will be deemed approved. Notwithstanding the foregoing, the City hereby consents to Developer's assignment to a lending institution of all of the Developer's rights hereunder as security for repayment of one or more loans to finance the construction or ownership of the Project or construction of the hnprovernents, The Developer shall give written notice of its assignment of its rights hereunder to the other Parties within five business days of the occurrence of such assignment. The foregoing notwithstanding, any assignment of the Developer's rights - tinder this Agreement shall not release the Developer from its obligations under Section 4.01 (C) hereof Section 8.06 Exhibits: Titles of Articles. Sections and Subsections. The exhibits attached to this Agreement are incorporated herein and shall be considered a part of this Agreement for the purposes stated herein, except that in the event of any conflict between any of the provisions of such exhibits and the provisions of this Agreement, the provisions of this Agreement shall prevail. All titles or headings are only for the convenience of the Parties and shall not be construed to have any effect or meaning as to the agreement between the Parties hereto. Any reference herein to a Section or Subsection shall be considered a reference to 'such Section or Subsection of this Agreement unless otherwise stated, Any reference herein to an exhibit shall be considered a reference to the applicable exhibit attached hereto unless otherwise stated. Section 8.07 Construction. This Agreement is a contract made under and shall be construed in accordance with and governed by the laws of the United States of America and the State of Texas, excluding conflicts of laws, as such laws are now in effect. Venue for any action arising under this Agreement shall lie in the state district courts of Nueces County, Texas. Page 14 of 24 Staples Center 381 Agmt 2-28-13 Section 8.08 The Developer agrees to comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations related to the construction of the Project. Section 8.09 Entire Agreement. This written Agreement represents the final agreement between the Parties and may not be contradicted by evidence of prior, contemporaneous, or subsequent oral agreements of the Parties. There ate no unwritten oral agreements between the Parties. Section 8.10 Approval by the Parties. Whenever this Agreement requires or permits i.pproval or consent to be hereafter given • either Party, the Parties agree that such approval (m consent shall not be unreasonably withheld or delayed. Section 8.11 Additional Actions. The Parties agree to take such actions, including the execution and delivery of such documents, instruments, petitions and certifications as may be necessary or appropriate, from time to time, to carry out the terms, provisions and intent of this Agreement and to aid and assist each other in carrying out said terms, provisions and intent. FN WITMEASS WHEREOF, the Parties hereto have caused this instrument to be duly executed m of the day of 2013. STAPLES CENTER RETAIL VENTURE LP, a Delaware limited partnership J I luzomrin M Page 15 of 24 Staples Center 380 Agmt 2-28-13 EXHIBIT A I. Existing Property The existing property is comprised of three (3) single story buildings. Staples Center has two (2) buildings, with Building I having an approximate gross leasable area of 144,268 square feet and Building 2 at 23,355 square feet, both built in 1984. Mt Vernon Center, the third building, is located on the northwest corner of the site and has approximately 23,791 square feet of gross leasable area and was built in the early 1950's. Staples Center and Mt.Ven are planning to be renovated and re-branded as The Shops at La Palmera. Mt. Vernon will be demolished and replaced with a new building. All facades will be given a facelift to complement and accentuate the existing architecture. A re-merchandisIng of the tenant mix will also be completed. The new Shops at La Palmera will boast increased retail density as well as the addition of new restaurant out lots. All of the renovation will complement the existing La Palmera mall and will help to co-brand the two properties into a shopping district. Upgraded landscaping, hard scape, lighting and signage are also planned. New graphics will also brand the project more broadly to the community as well as provide synergy with the existing La Palrnera marketing strategy. 111. Descriptive List of the improvements for which abatement is requested A. Environmental Graphics The Shops at La Palmera will feature an environmental graphics prograrn that will brand the project more broadly and visually enhance the shopping and pedestrian experience. Investments in environmental graphics can make a large impact. Environmental graphics will include: a sophisticated logo that can be repeated on signs; tenant blade signage; and way-finding signage. B. Upgrad d Payin p�� Paving upgrades will be made throughout the project, including concrete pavers, sidewalks, and Nandi -cap accessible parking. C. Architectural Liditina Pedestrian level lighting upgrades will include landscape lighting, walls sconces, and up D. LandseVing Upgraded landscaping will include special vegetation of all types, upgraded seasonal planting programs, soils, mulch, features and curbing, as well as the signature La Palmera palm trees. E. Parking Lot/Exterior Improvements Page 16 of 24 Staples Center 380 Agint 2-28-13 Enhanced site lighting will increase the visual appeal of the center and provide increased security. Landscaped areas will soften the feel of the parking lot and create pervious areas, reducing water run-off. Exterior painting, trim replacement/modification, power washing, and facade upgrades will be done. Significant repairs of the parking lot will also be completed. F. New Construction Several restaurants and/or retailers will be added in the out lots to energize the parking lot and connect The Shops at La Palmera with the La Palmera mall. The existing Mt. Vernon building will be demolished and a new building constructed in its place. G. Re-Merebandisin The renovation will attract new retail and restaurant business to the City of Corpus Christi. The re-merchandising of The Shops at La Palmera will play a vital role in the renovation. Pave 17 of 24 staples Center 380 Agmt 2-28-13 Paize IS of 24 Staples Center 380 Agmt 2- 28 -3.3 EXHIBIT B Project Capital Improvements Exhibit C rs I Fill li'i Ili I IF 1 1 T fla���u A 14.172 acre tract of land, more or less, out of Lot One (1), Block One (1) Mt. Vernon Shopping Center, a rnap of which is recorded in Volume 49, Pages 187-188, Map Records of Nucces County, Texas, and out of Lot One (1), Block One (1), Sherwin Place Unit 3, a map of which is recorded in Volume 49, Page 189, Map Records of Nueces County, Texas, said 14.172 acre tract being more ffilly described as follows: Beginning at a 518 inch iron rod found on the south boundary of McArdle Road (72 foot wide public roadway) for the north comer of Lot 8, Sunrise Mall Subdivision, a map of which is recorded in Volume 53, Pages 50 and 51, for the east comer of said Lot 1, Block 1, Sherwin Place Unit 3 mid for the east comer of this tract; Thence, South 28'59'09" West (plat South 29'00'00" West), with the common boundary of Lots 7 and 8, Block 1, Sunrise Mall Subdivision, a map of which is recorded in Volume 53, Pages 50 and 51, Map Records of Nueces County, Texas, of Lot 1, Block 1, Sunrise Mall Subdivision, a map of which is recorded in Volume 45, Pages 96-97, Map Records of Nueces County, Texas, of said Mt. Vernon Shopping Center and Lot 1, Block 1, said Sherwin Place Unit 3, a distance of 1185.74 feet to a concrete TxDOT monument with brass disc found on the north boundary of South Padre Island Drive, same being on the north boundary of a TxDOT right-of-way recorded in Document No. 2012003748, Official Public Records of Nueces County, Texas for the south comer of this tract; Thence, North 57'19'44" West (deed=North 57'41'36" West), with the north boundary of South Padre Island Drive, a distance of 212.38 feet (deed=212.37 feet) to a TxDOT monument with brass disc found on the east boundary of Lot E, Mt. Vernon Center Unit 2, a map of which is recorded in Volume 22, Page 62, Map Records of Nueces County, Texas for the north comer of said TxDOT right-of-way and for a comer of this tract, Thence, North 28'50'12" East (plat=North 29'00'00" East), with the common boundary of said Lot E and said Lot 1, Block 1, Mt. Vernon Shopping Center, a distance 138.72 feet to a 518 inch iron rod found for the east comer of said Lot E, for an interior comer of said Lot 1, Block 1, Mt. Vernon Shopping Center and an interior comer of this tract; Thence, North 61 "11'38" West (plat - North 61'01'20" West), with the northeast boundary of said Lot E, same being the south boundary of said Lot 1, Block 1, Mt. Vernon Shopping Center and of this tract, 84,91 feet to a 518 inch iron rod found for a comer of said Lot 1, Block 1, Mt. Vernon Shopping Center and of this tract; Page 19 of 24 Staples Center 380 .gnat 2-28-13 Thence, North 29 East, with the south boundary of this tract, 201.80 feet to a railroad spike found for the point of curvature of a circular curve to the left which has a central angle of 90'00'00", a radius of 20.00 feet, a tangent distance of 20.00 feet and an are length of 31.42 feet; Thence, with said circular curve to the left, an are length of 31.42 feet to a drill hole found for the point of tangency; Thence, North 61 West, continuing with the south boundary of this tract, 324.81 feet (deed=324.16 feet) for the point of curvature (no monumentation found or set) of a circular curve to the left which having a central angle of 44'16'50", a radius of 20.00 feet, a tangent length of 8.14 feet and an arc length of 15.46 feet; Thence, with said circular curve to the left, an are length of 15.46 feet to a point (no monumentation found or set) on the easterly boundary of South St' pies Street, for the lower west comer of this tract and the beginning of a another circular curve to the left whose radius point bears North 78'49'35" West 1765.41 feet and having a central angle of 09"23'19", a radius of 1765.41 feet, a tangent distance of 144.97 feet and an arc length of 289.28 feet; Thence, with said circular curve to the left, with said easterly boundary of south Staples Street, an arc length of 289.28 feet for the point of tangency (no monumentation found or set); Thence, North 01'47'06" East, continuing with the cast boundary of South Staples Street, same being the west boundary of this tract, 165.74 feet to a 518 inch iron rod found for the upper west comer of this tract and for the beginning of a non-tangent curve to the right, whose radius point bears North 29'21'03" East 20.00 feet and having a central angle of 67 ", a radius of 20.00 feet, a tangent length of 13.45 feet, the long chord of which bears North 85 East 22.32 feet and an arc length of 23.68 feet; Thence, with said circular curve to the left, an arc length of 23.68 feet to a 518 inch iron rod found for the end of this curve and for a comer of this tract; Thence, South 61 East, with the north boundary of this tract, 280.00 feet to a railroad spike found for the point of curvature of a circular curve to the left which has a central angle of 90'00'00", a radius of 15.00 feet, a tangent distance of 15.00 feet and an arc length of 23.56 feet; Thence, with said circular curve to the left, continuing with the north boundary of this tract, an are length of 23.56 feet to a railroad spike found for the point of tangency; Page 20 of 24 Staples Center 380 Aguit 2-28-13 Thence, North 29'00'00" East, with the north boundary of this tract, 375.62 feet to a drill hole found on the aforementioned south boundary of MeArdle Road for the north comer of this tract, from which comer a found 60d nail bears North 29'00'00" East 4.49 feet; Thence, South 61'01'20" East, with the south boundary of said MeArdle Road, same being the northeasterly boundary of this tract, 528.70 feet for the Point of Beginning and containing 14.172 acres of land. TRACT 1, Parcel 2: A 1.316 acre tract of land, more or less, out of Lot One (1), Block One (1), Mt. Vernon Shopping Center, Corpus Christi, Nueces County, Texas, a map of which is recorded in Volume 49, Pages 187-188, Map Records of Nueces County, Texas, said 1.316 acre tract being more fully described as follows: Beginning at a 518 inch iron rod with red plastic cap stamped "URBAN ENGR C.C. TX" found at the common comer of Lots F and G, Mt. Vernon Center Unit 3, a map of which is recorded in Volume 22, Page 62, Map Records of Nueces County, Texas, Lot E, Mt. Vernon Center Unit 2, a map of which is recorded in Volume 22, Page 62, Map Records of Nueces County, Texas and said Lot 1, Block 1, Mt. Vernon Shopping Center for a corner of this tract; Thence, North 28'4642" East (plat=North 29'00'00" East), with the east boundary of said Lot G, same being the south boundary of said Lot 1, Block 1, Mt. Vernon Shopping Center and of this tract, 64.32 feet (plat -63.61 feet) to a 5/8 inch iron rod with red plastic cap star aped "URBAN ENGR C.C. TX" found for the east comer of said Lot G, an interior comer of said Lot 1, Block 1, Mt, Vernon Shopping Center and art interior comer of this tract; Thence, North 61 °01 "20 "" West, with the common boundary of said Lot G and said Lot 1, same being the south boundary of this tract, 228.92 feet (plat=228.61 feet) to a 3/8 inch iron rod found for the north comer of said Lot G and for an angle point of said Lot I and of this tract; Thence, North 61'00'00" West, with the south boundary of said Lot 1, same being the south boundary of this tract, a distance 23.11 feet (plat 22.943 feet) to a point on the east boundary of South Staples Street (no monumentation found or set) for the southwest comer of said Lot I and of this tract and for the beginning of a circular curve to the left whose radius point bears North 7342'24" West 1765.41 feet and which has a central angle of 05'0711 a radius of 1765.41 feet, a tangent distance of 78.93 feet and an arc length of 157.75 feetp - Page 21 of 24 Staples Center 380 Ag"t 2-28-13 Thence, with said circular curve to the left, along said east boundary of South Staples Street, same being the west boundary of this tract, an are length of 157.75 feet for the northwest comer of this tract and for the beginning of a circular curve to the right whose radius point bears South 159650" East 20.00 feet and vvhich has a central angle of 44'16'50", a radius of 20.00 feet, a tangent distance of 8.14 feet and an are length of 15.46 feet; Thence, with said circular curve to the right, an arc length of 15.46 feet to the point of tangency (no monumentation found or set); Thence, South 61'00'00" East, with the no boundary of this tract, 324.81 feet (deed=324.16 feet) to a drill hole found for the point of curvature of a circular curve to the right which has a central angle of 90'00'00", a radius of 20.00 feet, a tangent distance of 20.00 feet and an are length of 31.42 feet; Thence, with said circular curve to the right, as arc length of 31.42 feet to a railroad spike found for the point of tangency; Thence, South 29 West, with the cast boundary of this tract, 201.80 feet to a 518 inch iron rod found on the common boundary of said Lot I and said Lot E for a comer of said Lot I and for the southeast corner of this tract, Thence, North 61'l 1 "38" West (plat=North 61'01'20" West), with the north boundary of said Lot E, same being the south boundary of said Lot I and of this tract, 65.119 feet to the Point of Beginning and containing 1.316 acres of land. TRACT 11, Parcel 1: A 2.53 acre, more or less, tract of land out of Lot One (1), Block One (1), Mt. Vemon Shopping Center, a map of which is recorded in Volume 49, Pages 187-188, Map Records of Nueces County, Texas, said 2.53 acre tract being more fully described by metes and bounds as follows: Beginning at the 518 inch rod with red plastic cap stamped "URBAN ENGR C.C. TX" set on the south boundary of McArdle Road, a public roadway, for the North comer of said Lot I, Block 1, Mt. Vernon Shopping Center, same being the north comer of this tract; Thence, South 61'01'20" East, along the south boundary of said McArdle Road, a distance of 438.99 feet to a point on said south boundary of MeArdle Road, for the east comer of this tract, from -which point a found railroad stake bears South 61 °01 "217 " East, 73.36 feet; Thence, South 48 West, a distance of 413.53 feet to the south comer of this tract; Page 22 of 24 Staples Center 380 Agint 2-28-13 Thence, North 61'00'00" West, a distance of 83.77 feet to a 5/8 inch iron rod found for the point of curvature of a non-tangent curve to the right whose radius point bears North 38'44'27" West, 20.00 feet, and having a central angle of 67'51'03", a radius of 20.00 feet, a tangent length of 13.45 feet, and a arc length of 23.68 feet; Thence, along said non-tangent curve to the left, an arc length of 23.68 feet to a 518 inch iron rod found on the cast boundary of South Staples Street a 100 foot wide public roadway, for the west comer of this tract; Thence, North 01'47'06" East, along the cast boundary of said South Staples Street, a distance of 205.20 feet to a 5/8 inch iron rod with a red plastic cap stamped "URBAN ENGR C.C. TX" set for the point of curvature of a circular curve to the left whose radius point bears North 88'12'54" West, 1318.11 feet, and having a central angle of 09'53'06", a radius of 1318.11 feet, a tangent length of 113.99 feet, and a arc length of 227.41 feet; Thence, along said circular curve to the left, an arc length of 227.41 feet to a 5/8 inch iron rod with a red plastic cap stamped "UR-BAN ENGR C.C. TX" set for the point of curvature of a reverse curve to the right whose radius point bears North 81, East, 17,51 feet, and having a central angle of 127'04'4(1 ", a radius of 17.51 feet, a tangent length of 35.18 feet, and a are length of 38.84 feet Thence, along said reverse curve to the right, and arc length of 38.84 feet to a 518 inch rod with cap set for the Point of Beginning and containing 2.53 Acres (110,220 square feet) of I and. TRACT 11, Parcel I A 1.28 acre, more or less, tract of land out of Lot One (1), Block One (1), Mt. Vernon Shopping Center, a map of which is recorded in Volume 49, Pages 187-188, Mal) Records of Nueces County, Texas, and out of Lot One (1), Block One (1), Sherwin Place Unit 3, a map of which is recorded in Volume 49, Page 189, Map Records of Nueces County, Texas, said 1.28 acre tract being more fully described by metes and bounds as follows: Beginning at a point on the south boundary of McArdle Road, a public roadway, for the North corner of said Lot 1, Block 1, Mt. Vernon Shopping Center, from which point a 518 inch rod with red plastic cap stamped "URBAN ENGR C.C. TX" set bears North 61'01'20" West, 438.99 feet; Thence, South 61'01'20" East, along the south boundary of said McArdle Road, a distance of 75.36 feet to a railroad stake found for the east comer of this tract, from which point a found drill hole bears North 28' 1741 " East a distance of 4.49 feet; Page 23 of 24 Staples Center 380 Agmt 2-28-13 Thence, South 29"00'17" West, a distance of 375.62 feet to a railroad stake found for the point of curvature of a circular curve to the right whose radius point bears North 60'59'43" West, a distance of 15.00 feet, and having a central angle of 90 a radius of 15.00 feet, a tangent length of 15.00 feet, and a arc length of 23.56 feet; Thence, along said circular curve to the right, an are length of 23.56 feet to a railroad stake found for a comer of this tract; Thence, North 61 '00'00" West, a distance of 196.16 feet to the west comer of this tract; Thence North 48'10'35" East, a distance of 413.53 feet to the Point of Beginning and containing 1.28 Acres (55,906 square feet) of land. Page 24 of 24 Staples Center 380 Agmt 2-28-13 DATE: March 29, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Armstrong, Director of Municipal Information Services MichaelAr@cctexas.com 361- 826 -3735 Create a Virtual Desktop Infrastructure program for the City of Corpus Christi. CAPTION Motion authorizing the City Manager, or designee, to execute documents necessary to purchase software, hardware, and services for a virtual desktop infrastructure program from the following suppliers: Computer Solutions for $52,709.70, Dell, Inc., for $31,875.00, and IntelekTechnologies $2,317.00 for a total expenditure of $86,901.70. PURPOSE: Approval of these contracts and implementation of the project will empower 100 mobile and multi -user computer users to more easily access City computer services. It will also reduce Information Technology (IT) maintenance time and cost. BACKGROUND AND FINDINGS Virtual Desktop Infrastructure (VDI) is a more efficient method of computing. It makes available a complete desktop computer that is easy to provision, easy to maintain and does not require an expensive user device to perform City computer business. A VDI session can be opened on all the current major tablet devices, as well as all laptop and desktop computers. VDI sessions can be initiated by the employee from any Internet location in the world or through the City's extensive, local wireless network. Two categories of employees would most benefit at this time: mobile workers and those logging in on multi -user computers. Mobile workers will open a VDI session with one username and password into a unique, individual virtual desktop that opens and saves files in the same folders they use on their desktop computer. A Virtual Private Network (VPN) connection is no longer required. User required applications in the work environment are accessible in the VDI. Employees accessing multi -user computers will not require a profile on the desktop computer they use. All their applications and data files will be in the City's internal "cloud." This represents a significant reduction in maintenance and support; it also provides the Service Desk with a faster repair process— remote re -image rather than sending a technician to the computer location. ALTERNATIVES Continue using VPN access to network datashares. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY This purchase conforms to City purchasing policies and procedures and state statutes regulating procurement. EMERGENCY /NON- EMERGENCY Not applicable DEPARTMENTAL CLEARANCES Not Applicable FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures CIP only) Current Year Future Years TOTALS Line Item Budget 86,901.70 0 86,901.70 Encumbered / Expended Amount This item BALANCE 86,901.70 0 86,901.70 Fund(s): Municipal Information Services Comments: (Insert any brief comments that may be necessary to explain chart) Total cost of the contracts, including 3 years of hardware maintenance is $86,901.70. Funds are available in 5210 - 40420 - 530160. RECOMMENDATION Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS Computer Solutions Quotes, Dell Quote, Intelek Quote Computer Solutions Professional Services Agreement Certification of Funds Letter of Engagement M Soh, 814 Arion Parkway, Suite 101, San Antonio, Texas 78216 1210.369.0300 phone 1210.369.0389 fax 1 www.comsoltx.com UCS Installation and VMware VDI View for 100 Desktops Page 3 • Computer Solutions will conduct a single hands-on knowledge transfer session with Client after st - YN#n - vM 63%-ta3 (4) Client staff members for up to six (6) hours. Computer Solutions will conduct a single hands-on knowledge transfer session with Client after Client staff members for up to eight (8) hours, desktop infrastructure at time of deployment. Page 4 uCS Installation and vMwarevDI View for z00Desktops Pricing Pricing terms within this document are valid for thirty (30) days from the date of delivery to Client. Rate This is a fixed bid engagement with an estimated duration of two (2) weeks for a total of $17,305.20. Taxes Pricing does not reflect applicable taxes, which are the sole responsibility of Client. Travel Travel expenses are estimated at $1,600.00 and are included in the rate stated above. Client will bebilled only for expenses incurred. Start Date Upon receipt of a signed agreement, a Computer Solutions representat will contact Client's designated point o/ contact to discuss a tentative start date. Computer Solutions Commitment Computer Solutions is committed to the satisfaction of their customers. For a period of (30) days following project completion, Computer Solutions warrants all related performed professional services. - � Page 5 UCS Installation and VMware VDI View for 100 Desktops document contains wrivileved information that is critical to the succesoKelikaxtAs owdkAn - yWWftajp.W L e - maintain the confidentiality • this document at all times. -. ` 11 �et RM M"M MEN 1 Cervices that are not specified within this document are considered out of scope. — o Such services may be provided • Computer Solutions for an additional A Throughout the duration of project services, Client is obligated to provide assistance to Computer Solutions. Client is accountable for all resyonsibilities services. 1 1anning o If not already submitted in writing, Client will designate a point • contact (POC) by which all correspondence may be addressed to. Client will also designate a technical POC who is familiar with all areas, devices, or peripherals to be serviced by Computer Solutions. POCs will have the authority to act on behalf of Client; POC duties include but are not limited to: Page 6 � Client will provide all software and licensing required bvthis project. o Client may request that Computer Solutions procure software and licensing for an additional e� � Client will take all necessary precautions to secure and backup sensitive data prior to start of services. o In the event that data loss to Client occurs within the duration of the project, Computer Solutions will not be held liable. � Data loss includes but is not limited to corrupt, inaccurate, lost, or damaged data and unrecoverable media errors. Page 7 ��� UCS Installation and VMware VDI View for 100 Desktops By signing below, Client accepts this agreement in its entirety and recognizes its finality. Client 2cknowledges the incorporation of this agreement into the current MSA between Client and Computer Solutions. 2 . 2 , P I-SYMMI"TWI I 2nd/or delivery of necessary resources as they pertain to this agreement. Signature: Name: Title: Date: Page 8 4 . Computer Solutions ff 814 Arlon Parkway Expiration Suite 101 Apr 26 0:02 AM Date San Antonio, Texas 78216 CDT May 26, 2013 United States corn wolet'r Y http://www.comsoltx.com Doc solub IZ3 38790 - rev I of I BUSINESS, TECHNOLOGY, INNOVATION Description ComSol Professional Services (UCS & VMware) SalesRep Jones, David (P) 210-369-0318 (F) 210-369-0389 Customer Contact Spiess, John (P) 361-826-3750 johns@cctexas.com Customer Bill To Ship To Sales Order Type: Regular Order City of Corpus Christi (16975) City of Corpus Christi City of Corpus Christi 1201 Leopard Street Accounts, Payables Receiving, Central Corpus Christi, Texas 78401 1201 Leopard Street 1201 Leopard Street (P) 361-826-4091 Corpus Christi, Texas 78401 Corpus Christi, Texas 78401 (P) 361-826-4091 ........................................................................................................... ...................................................................................... 7 --------------------------------------------------------------------------------------------------------------------------------------------- Customer PO: Terms: Ship Via: None Net 30 Days FedEx Ground Special Instructions: Carrier Account #: 'None �None ............... "I'l""I'll""I'll'll""I'll""I'll",'ll""I'll""I'll'll""I'll""I'll""I'll""I'll",'ll""I'll""I'll",'ll""I'll""I'l'll""I'll""I'll""II ............... Computer Solutions Professional Services Comsol PS $17,305.20 1 No $17,305.20 $17,305.20 Fixed Bid Engagement Note: Est. Travel Expenses of $1600 are included in Rate. Client will only be billed for expenses incurred. Reference Document: "VDI lementatio n Fixed Bid" Dated 4/18/2013 Subtotal: $17,305.20 Tax (0.000%): $0.00 Cisco DIR Contract: DIR-SDD-1382 Shipping: $0.00 Expiration Date: 5/18/2014 Vendor ID: 1942650013800 Total: $17,305.20 Computer Solutions Co. Certifications: HUB (Historically Underutilized Business) Certification #1942650013800 Expires 06/25/2014 WBE (Women Business Enterprise) Certification #211089371 Expires 08/31/2013 Thank you for the opportunity to provide this quote. This quote is valid for 30 days. Freight charges are estimates only. Returns are subject to approval and may include a restocking fee. 4 . Computer Solutions ti 'M MM ff 814 Arion Parkway Expiration a t Expiration Date e Suite 101 Date 2 AM Date Oct 2 0 1:10 AM 1 0 San Antonio, Texas 78216 May 30, 2013 C D T May 3 0' 2 0 3 United States http://www.comsoltx.com D D oc Solublons 3 34168 rev I of 4 8 r ev 6 e v f I BUSINESS, TECHNOLOGY, INNOVATION c 8 Description D s r P 0 n w 0 VMware View M a V 1 0 VMware View 100 Connections & 3 YR re 0 Co nnecton s & 3 YR [Customer 24x7 S nS Sales Jones, David (P) 210-369-0318 (F) 210-369-0389 Contact Franco, Francisco Customer Bill To Ship To Sales Order Type: Drop Ship City of Corpus Christi (16975) City of Corpus Christi City of Corpus Christi 1201 Leopard Street Accounts, Payables Receiving, Central Corpus Christi, Texas 78401 1201 Leopard Street 1201 Leopard Street (P) 361-826-4091 Corpus Christi, Texas 78401 Corpus Christi, Texas 78401 (P) 361-826-4091 ------------......... ------------......... ------------......... -------------......... --------------------- ...................................................................................... 7 ----------------------------------------------------------------------------------------------------------------------------------------------- Customer PO: Terms: Ship Via: None Net 30 Days FedEx Ground Special Instructions: Carrier Account #: 'None �None ............... "I'l""I'll""I'll'll""I'll""I'll",'ll""I'll""I'll'll""I'll""I'll""I'll""I'll",'ll""I'll""I'll",'ll""I'll""I'l'll""I'll""I'll""II ............... View Premier Bundle 100 Pack VMware View Premier Bundle ( v. 5 ) - license - 100 concurrent connections - VPP - level I ( VU5-PR-100-C-LI $24,000.00 1 No $19,680.00 $19,680.00 250-599 VMware Support and Subscription Production Technical support - emergency phone consulting - 3 years - VU5-PR-100-3P-SSS-C$16,500.00 I No $15,724.50$15,724.50 24x7 - 30 min - for VMware View Premier Bundle ( v. 5 ) 100 concurrent connections Note: 3 Year Production Support 24x7 - 30 Minute Response Computer Solutions Co. Certifications: Subtotal: $35,404.50 HUB (Historically Underutilized Business) Certification #1942650013800 Tax (0.000%): $0.00 Expires 06/25/2014 Shipping: $0.00 WBE (Women Business Enterprise) Certification #211089371 Expires Total: $35,404.50 08/31/2013 Thank you for the opportunity to provide this quote. This quote is valid for 30 days. Freight charges are estimates only. Returns are subject to approval and may include a restocking fee. 0 , 0 lop Dell Inc Fritzi Mulkey MS Licensing Specialist 512-723-4948 fritzi rnulkey2dell.com Note: Quote Expires: 3/30/2013 EA Enrollment# 8876189 EA Expires: 6/30/2014 City of Corpus Christi Additional Product Quotation Budgetary Quote Number. FM030623APS876189 3/6/2013 State Contract#: DIR-SDD-1014 Microsoft Part# Product Desription 9H5 -00015 WinCSL ALNG SubsVL MVL PerDvc UT6-00005 Off365PE3 ShrdSvr ALNG SubsVL MVL PerUsr Total POs and payments should be made to Dell Marketing L.P. Unit Price $60.45 $25830 EXPIRES: 6/1/2013 C111 Totals 100 $6,045.00 100 $25,830-00 MOO $0,00 $31,875.00 Quote Prepared By: Fritzi Mulkey EIOfB? Quote Prepared For Jesse Carmona City of Corpus Christi 1201 Leopard Corpus Christi, TX 78401 Phone: 361.826.3765 jessecar@bcctexas.com eQuote - Kaspersky Security for Virtual ization - 3 Year eQuote eQuote Number: 834 Payment Terms: Net 30 days Expiration Date: 05/31/2013 Quote Prepared By John Jackman Intelek Technologies 901 Wall St Norman, OK 73069 -6342 Phone: (405) 364-5473 Fax:(405) 364 -0910 jjackntan@intelektechnologies. com ITEM# QUANTITY ITEM NAME UNIT PRICE EXTENDED PRICE i One -Time Items 1) 100 NF1339 $23.17 $2,317.00 Kaspersky Security for Virtualization - Desktop - 3 Year One -Time Total $2,317.00 Comment: SubTotal $2,317.00 Total $2,317.00 Authorizing Signature Date Contact usabout our new leasing options! Intelek Technlogies Ordering & Payment Procedures' Orders may be processed via telephone, fax, or email to: Intelek Technologies. 901 Wall Street . Norman, OK 73069 -6342 Phone: (800)353 -3696 . Fax: (405)364- 0910' Intel ek Technologies Accepts Company Purchase Orders, Visa, Mastercard, American Express, and Discover.' Purchase Orders (Net 30)- New Customers Must Send Credit Referencesand Company Purchase Ordersmust be faxed to: (405)364 -0910' Federal Tax ID # 73- 1492037 Interest Chargeson Past Due Accountsand Collection Costs Overdue amountsshall be subject to a monthly finance charge. In addition, customer shall reimburse all costsand expensesfor attorney'sfees incurred in collecting any amountspast due. Additional training or Professional Servicescan be provided at our standard rates https: / /vAf5.autotask net/opportunity /q uotes /vievvq uote.asp ?ci = 501364& DateFormat = M M /dd /yyW &N umFormat= X,X)(X.)(X &displ ayType= eQuote &eq uoteid= 14762... 1/1 MIS e y 3 k� �V ,E'ti� ►'st AGENDA MEMORANDUM Future Item for the City Council Meeting of May 14, 2013 Action Item for the City Council Meeting of May 28, 2013 DATE: May 14, 2013 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services constancep @cctexas.com (361) 826 -3227 Approval of Financial Underwriters for Issuing Bonds CAPTION Motion approving authorized list of financial underwriters. PURPOSE: The purpose of this agenda item is to approve a list of financial underwriters to be used whenever the City of Corpus Christi issues bonds. Use of the underwriters will be on a rotational basis. BACKGROUND AND FINDINGS The City of Corpus Christi issued a Request for Qualifications (RFQ) to provide financial underwriting services. Twenty -three responses were received. The responses were reviewed and categorized by the City's financial advisor, Mark Seal with M. E. Allison and Company, Inc. and the Director of Financial Services. All firms are being recommended to be included as authorized underwriters for the City of Corpus Christi, and this list of authorized underwriters is being submitted to the City Council for approval. In the event a firm approaches the City with an offer of a unique type of service or product or with an opportunity to restructure our debt with an exceptional savings, but the firm is not on the approved list, upon verification of qualification, staff will bring before the City Council a recommendation to add that firm to the authorized list of financial underwriters. ALTERNATIVES As an alternative to having one authorized list of underwriters, City staff could solicit for underwriters prior to each bond issuance. However, this would be a duplicative effort on the part of both the City and the underwriters since we could potentially be issuing several similar RFQ's each fiscal year. It is more efficient to do it once, and then rotate the use of the firms. OTHER CONSIDERATIONS The City has historically issued a RFQ for financial underwriting services every three years. If significant changes occur with the firms on the list, the City may issue the RFQ on a more frequent basis. It should also be noted that firms having a local presence is an important consideration. Although no firms have bond underwriting desks in Corpus Christi, six of the twenty -three firms on the attached list of underwriters have retail offices in Corpus Christi. CONFORMITY TO CITY POLICY This item conforms to City policy. EMERGENCY / NON- EMERGENCY Not applicable DEPARTMENTAL CLEARANCES • Financial Services Department FINANCIAL IMPACT x Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - - - - Encumbered /Expended amount of (date) - - - - This item - - - - BALANCE - - - - FUND(S): RECOMMENDATION Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS List of Financial Underwriters AVUS C% VVI t f�n 0 � Lid List of Financial Underwriters Presented to the City Council on May 14, 2013 National Scope: 1. Citigroup Global Markets Inc. 2. FTN Financial 3. J.P. Morgan Securities L.L.C. 4. Morgan Stanley 5. Raymond James & Associates, Inc. 6. Stifel Nicolaus & Co. Inc. 7. Wells Fargo Securities Regional Scope: 1. BOSC, Inc. 2. Coastal Securities, Inc. 3. FirstSouthwest 4. Frost Bank 5. Hutchinson, Shockey, Erley, & Co. 6. Piper Jaffray & Co. 7. RBC Capital Markets 8. SAMCO Capital Markets, Inc. 9. Southwest Securities, Inc. 10. Stephens Inc. Minority Status: 1. Cabrera Capital Markets, L.L.C. 2. Estrada Hinoj osa & Company, Inc. 3. Loop Capital Markets, L.L.C. 4. M.R. Beal & Company 5. Ramirez & Company, Inc. 6. Siebert Brandford Shank & Co., L.L.C. � - Indicates retail branches in Corpus Christi � ,-,u NCAD Directors Chairman GAS ©(� I -SAL p Robert Adler Richard Pittman Paul Altheide Jose J. Guzman Kevin Kieschnick Luis Elizondo David Berlanga Jerry Garcia NCAD Leadership Appraiser Chief Ramiro "Ronnie" Canali GAS CO 'SAL I 1981 - 1988 Nueces County Appraisal District Appraiser; RPA attained 1988 - 2011 Elected as Nueces County Tax Assessor — Collector; RTC attained 2012 - Appointed Nueces County Appraisal District Chief Appraiser 1980 - 1981 Nueces County Tax Assessor Office 1982 - 2007 Nueces County Appraisal District ; RPA attained 1985 2007 - 2011 Performed private appraisals 2012 — Appointed Nueces County Appraisal District Assistant Chief Appraiser by Ronnie Canales Robert Cenci Life &Safety Improvements NEW A.D.A. COMPLIANT MAIN ENTRANCE NEW BUILDING ADDITION AND ELEVATOR GAS ©(� LIFE - SAFETY - RESCUE SYSTEM HVAC and Roof Replacement GAS 1-SAL GAS '-SAL FIRST FLOOR SECOND FLOOR NEW FLOORING CUSTOMER SERVICE • NEW WEBSITE -NEW INFORMATION • 2013 PROPOSED VALUES NOW AVAILABLE ON -LINE • E -FILE RESIDENTIAL HOMESTEADS GAS ©(� A � ` �fSAL • CUSTOMER SURVEY /ANNUAL REPORT • PHONE BANK - 361-826-2100 GAS ©(� A � ` �fSAL Ken Combs Taxpayer Liaison Officer ❖ The TLO is appointed by the Board of Directors and acts as an intermediary between the property owner & Board in accordance with the Texas Property Tax Code. ❖ The primary focus of the TLO is to improve the Appraisal District's relationship with the public. GAS ©(� A �f�AL 2013 APPRAISAL INFORMATION • APRIL 30T" EACH YEAR NCAD IS REQUIRED TO DELIVER PRELIMINARY VALUE ESTIMATES TO THE ENTITIES • DISCLAIMER -THE FOLLOWING VALUE INFORMATION IS STRICTLY PRELIMINARY AND SHOULD BE CONSIDERED ACCORDINGLY. A � fSAL 0:)l ivi Ana wsis u eDartmen • Created i n 2012 to improve the gathering of sales information • More accurate analysis of the sales data • Resulting in fair market data RESIDENTIAL /COMMERCIAL SALES 500 450 400 350 300 250 200 150 100 50 0 DC DC J � W U oc Q z m Q Q = D D Q Q m w a w a U- w Ln = = re W W w m m m 0 75; w O p w z o GAS ©(� 2011 Total Sales 3403 2012 Total Sales 5195 SALES BY CATEGORY 6000 4000 2000 0 " _N <c, , GAS ©(� 1 O� C� 4211 1 525 CITY OF CORPUS CHRISTI 2013 PRELIMINARY VALUE ESTIMATE: $15,033,763,022 • 2012 CERTIFIED VALUE: 14,386,376,098 • RESIDENTIAL REAL ESTATE • COMMERCIAL REAL ESTATE • BUSINESS PERSONAL PROPERTY GAS ©(� A �f�AL • T.Y. PICKETT - INDUSTRIAL/MINERAL/UTILITIES NEW GROWTH 2013 = $207,758,599 (TAXABLE) 2012 = $249,942,947 (TAXABLE) GAS ©(� A � ` �fSAL p�� ��m��� _ �� � � �� �. ! � � � ��� \ �� � %.� % f � � � 53��� �� v � � � �� � � � : AGENDA MEMORANDUM for the City Council Meeting of May 14, 2013 DATE: May 6, 2013 TO: Ronald L. Olson, City Manager FROM: Oscar Martinez OscarM @cctexas.com (361)826 -3235 UPDATE TO CITY COUNCIL Nueces County Appraisal District STAFF PRESENTER(S): Name Title /Position Department 1. 2. 3. OUTSIDE PRESENTER(S): Name Title /Position Oraanization 1. Ronnie Canales Chief Appraiser NCAD 2. Robert Cenci Asst. Chief App. NCAD 3. BACKGROUND LIST OF SUPPORTING DOCUMENTS POWER POINT -