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Agenda Packet City Council - 05/28/2013
Tuesday, May 28, 2013 Corpus Christi Meeting Agenda - Final City Council 11:30 AM 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com 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 Father Peter Martinez, St. Paul the Apostle 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 13- 000439 Proclamation declaring June 1 -2, 2013 as the "1 st Annual Corpus Christi Flag Weekend" Swearing -in Ceremony for newly appointed Board, Commission and Committee Members City Manager's "At Your Service Award" 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 5/24/2013 City Council Meeting Agenda - Final May 28, 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 SHOWANY 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- 000493 Executive Session pursuant to Texas Government Code Section 551.074 Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of Municipal Court Judge with possible discussion and action in open session. I. MINUTES: 3 13- 000490 Approval of Meeting Minutes - Regular Council Meetings of May 14, 2013 and May 21, 2013. Attachments: Minutes - MaV 14, 2013 J. BOARDS & COMMITTEE APPOINTMENTS: 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. Corpus Christi Page 2 Printed on 5/24/2013 City Council Meeting Agenda - Final May 28, 2013 L. CONSENT AGENDA: (ITEMS 4 - 7) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and /or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 4 13- 000364 Second Reading Ordinance - Unified Development Code Text Amendment exempting Regional Transit Authority signs that contain commercial advertising (1st Reading 5114113) 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 •• 5 13- 000314 Second Reading Ordinance - Rezoning from Residential to Industrial for Elizabeth Anne Meaney on property located at 8801 State Highway 44 (Tabled on 4123113) (1st Reading 5114113) 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 as approved on first reading Ordinance amending the Unified Development Code ( "UDC') upon Corpus Christi Page 3 Printed on 5/24/2013 City Council Meeting Agenda - Final May 28, 2013 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. Attachments: Agenda Memo - Elizabeth Meaney 05092013 6 13- 000296 Second Reading Ordinance - Amending the South Central Area Development Plan, an Element of the Corpus Christi Comprehensive Plan (1st Reading 5/14/13) 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: Aqenda Memo - 05- 14.pdf • I I ' IilfiiI�I�.iLI IC31) i 7 13- 000341 Change Order No. 11 for Kostoryz Road improvements Phase 1 from Horne to Sunnybrook and Phase 2 from Sunnybrook to SPID (Bond 2008) 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: Aqenda Memo - Kostoryz Road Improvements Phase 1 and Phase 2.pdf Project •ge pd LOCATION + p TEXAS STERLING CHANGE ORDER NO 11.pdf Corpus Christi Page 4 Printed on 5/24/2013 City Council Meeting Agenda - Final May 28, 2013 M. PUBLIC HEARINGS: (ITEMS 8 -11) 8 13- 000454 Public Hearing for the FY 2013/2014 budget for the Corpus Christi Crime Control and Prevention District Public Hearing for the FY 2013/2014 budget for the Corpus Christi Crime Control and Prevention District. t+ .. . ... .- -. -. ■. I .. s 9 13- 000435 Public Hearing and First Reading Ordinance - Rezoning from Residential for Palm Land Investments, Inc. on property located at 7564 Brooke Rd. Case No. 0413 -01 Palm Land Investment, Inc.: A change of zoning from the "FR" Farm Rural District, "RS -6" Single - Family 6 District, and "RS -10" Single - Family 10 District to the "RS -4.5" Single - Family 4.5 District, resulting in a change to the Future Land Use Plan from medium density residential to low density residential. The property to be rezoned is described as being a 60.54 -acre tract of land out of Lots 5A, 6A, 7A, 9, 10, and 11, Section 26, Flour Bluff and Encinal Farm and Garden Tracts, located east of Quail Creek Drive and at the east ends of Oso Parkway and Brooke Road. Planning Commission and Staff Recommendation (April 24, 2013): Approval of the change of zoning from the "FR" Farm Rural District, "RS -6" Single - Family 6 District, and "RS -10" Single - Family 10 District to the "RS -4.5" Single - Family 4.5 District. (lrHinnnra Ordinance amending the Unified Development Code ( "UDC') upon application by Palm Land Investment, Inc. ( "Owner"), by changing the UDC Zoning Map in reference to a 60.54 -acre tract of land out of Lots 5A, 6A, 7A, 9, 10, and 11, Section 26, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District, "RS -6" Single - Family 6 District, and "RS -10" Single - Family 10 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. Attachments: Agenda Memo - Palm Land Investment, Inc +- • Corpus Christi Page 5 Printed on 5/24/2013 City Council Meeting Agenda - Final May 28, 2013 10 13- 000438 Public Hearing and First Reading Ordinance - Rezoning from Estate Residential to Low Density Residential for Kitty Hawk Development, Ltd. on property located at 3142 South Staples Street Case No. 0413 -02 Kitty Hawk Development, Ltd.: A change of zoning from the "RE" Residential Estate District to the "CN -1" Neighborhood Commercial District on Tract 1, the "RE" Residential Estate District to the "RS -15" Single - Family 15 District on Tract 2, and the "CN -1" Neighborhood Commercial District to the "RS -15" Single - Family 15 District on Tract 3. The property is described as being a 58.969 -acre tract of land out of the south half of Section 31, Laureles Farm Tracts, located along the south side of South Staples Street (FM 2444) and along the east side of County Road 41. Plannina Commission and Staff Recommendation (April 24. 201 Approval of the change of zoning from the "RE" Residential Estate District to the "CN -1" Neighborhood Commercial District on Tract 1, from the "RE" Residential Estate District to the "RS -15" Single - Family 15 District on Tract 2, and from the "CN -1" Neighborhood Commercial District to the "RS -15" Single - Family 15 District on Tract 3. Ordinance Ordinance amending the Unified Development Code ( "UDC') upon application by Kitty Hawk Development, Ltd. ( "Owner"), by changing the UDC Zoning Map in reference to a 58.969 -acre tract of land out of the south half of Section 31, Laureles Farm Tracts, from the "RE" Residential Estate District to the "CN -1" Neighborhood Commercial District on Tract 1 and to the "RS -15" Single - Family 15 District on Tract 2, and from the "CN -1" Neighborhood Commercial District to the "RS -15" Single - Family 15 District on Tract 3; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo -Kitty Hawk 05072013 r4ml # ► ■ 'I'll I a a �• • 11 13- 000439 Public Hearing and First Reading Ordinance - Rezoning from Industrial to Commercial for The Palms at Leopard, Ltd. on property located at 2725 Leopard Street Case No. 0413 -04 The Palms at Leopard, Ltd.: A change of zoning from the "IH /SP" Heavy Industrial District with a Special Permit to the "Cl" Intensive Commercial District, resulting in a change to the Future Land Use Plan from light industrial to commercial uses. The property to be rezoned is described as being a 2.11 -acre tract of land out of Tract C, Corpus Christi Page 6 Printed on 5/24/2013 City Council Meeting Agenda - Final May 28, 2013 Hawn Tract, and all of Tracts D and E, Hawn Tract, located along the east side of Palm Drive between Leopard Street and Lipan Street. Planning Commission and Staff Recommendation (April 24, 2013): Approval of the change of zoning from the "IH /SP" Heavy Industrial District with a Special Permit to the "Cl" Intensive Commercial District. Ordinance Ordinance amending the Unified Development Code ( "UDC') upon application by The Palms at Leopard, Ltd. ( "Owner"), by changing the UDC Zoning Map in reference to a 2.11 -acre tract of land out of Tract C, Hawn Tract, and all of Tracts D and E, Hawn Tract, from the "IH /SP" Heavy Industrial District with a Special Permit to the "Cl" Intensive Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. N. REGULAR AGENDA: (ITEMS 12 -17) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 12 13- 000427 Approving Financial Underwriters for issuing bonds Motion approving authorized list of financial underwriters Attachments: Agenda Memo - Underwriters° Approved List May 14, 2013.pdf • •- WWI 13 13- 000368 Second Reading Ordinance - Amendment to Type A agreement for Del Mar College Internship Program (Original Agreement Passed 08121112) (1st Reading 5114113) 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 • • . x •- •_• - �• -- -•- •'•• . Corpus Christi Page 7 Printed on 5/24/2013 City Council Meeting Agenda - Final May 28, 2013 14 13- 000369 Second Reading Ordinance - Amendment to Type A agreement for Texas A &M University - Corpus Christi Internship Program (Original Agreement Passed 08/21/12) (1st Reading 5/14/13) 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 =iT•t •� Ir iitTl- • • • _ xlll�l l l 1 ti iTmai i1I7" +�7+IrE:i 1 15 13- 000299 Chapter 380 Agreement for Staples Center Retail Venture, LP (The Shops at La Palmera) 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. Attachments: Agenda Memo - Exec Staples Center Retail Venture .: • • 04 16 13- 000419 Second Reading Ordinance - Amending the City Code to revise the City's Water Conservation Plan and Drought Contingency Plan (1st Reading 5/14/13) 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: Ordinance - Water Resource Management Final 5- 8- 13.pdf D 1kevised Agenda o Exec WCP DCP : 22 13 Gus. •• Corpus Christi Page 8 Printed on 5/24/2013 City Council Meeting Agenda - Final May 28, 2013 17 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. Attachments: Agenda Memo - RTA Interlocal 1.11WOWNTAW.14 O. FIRST READING ORDINANCES: (ITEMS 18 - 27) 18 13- 000401 First Reading Ordinance -Texas General Land Office (GLO)- Coastal Impact Assistance Program (CIAP) grant award for construction of the Oso Bay Learning Center and Wetland Preserve Ordinance authorizing the City Manager, or designee, to execute all documents necessary to accept and appropriate a grant in the amount of $1.5 Million from the Texas General Land Office - Coastal Impact Assistance Program (CIAP) for the construction of the Oso Bay Coastal Environmental Learning Center. •.:. ►- 19 13- 000448 First Reading Ordinance - Appropriating a State grant for the 2013 Parks and Recreation Summer Food Program Ordinance appropriating a $250,000 grant from the Texas Department of Agriculture in the No. 1067 Parks and Recreation grant fund to operate a summer food service program for summer recreation participants ages one to eighteen. Attachments: Agenda Memo - Ordinance Summer Food Program 2013 20 13- 000457 First Reading Ordinance - Amending the lease of International Westside Baseball to add 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. Corpus Christi Page 9 Printed on 5/24/2013 City Council Meeting Agenda - Final May 28, 2013 Attachments: Agenda Memo - Westside Pony Baseball Fields 21 13- 000407 First Reading Ordinance - Construction contract for Billings Bait Stand and Clems Marina Parking Lot Construction (Re -Bid) Ordinance amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 by adding $100,000 in appropriated street assessments; adding $132,863.80 in Street Tax Notes; transferring $284,597.80 from Water CIP Project No. 180198 Programmed Waterline Lifecycle Replacement Project to the Billings Bait Stand and Clems Marina Boat Ramp Rehabilitation Phase Two Project; increasing expenditures in the amount of $232,863.80; and authorizing the City Manager or designee to execute a construction contract with Garrett Construction of Ingleside, Texas in the amount of $972,177.05, for the Billings Bait Stand and Clems Marina Parking Lot Construction for the Base Bid only. Attachments: Agenda Memo - Billings and Clems Parking Lot Construotion.gdf • « inance - Billings and Clems Parking « « • «• Presentation - Billings and Clems Parking Lot - PPT 22 13- 000410 First Reading Ordinance - Approval of a Developer Participation Agreement to reimburse Developer for the City's cost of Sydney Street Ordinance authorizing the City Manager to execute a developer participation agreement with Alty Enterprises, Inc. ( "Developer "), to reimburse the Developer up to $86,559.82 for the City's share of the cost to expand and extend Sydney Street. Attachments: Agenda Memo - Greystone Subdivision Unit 4, 5 -1 -2013 +« - 001 log, • « + « First Reading Ordinance - Amending Chapter 21 of City Code to regulate the use of plastic check -out bags and establish a system to monitor and collect environmental recovery fees Ordinance amending Chapter 21, Part I II Garbage, Trash, and Other Refuse of the Code of Ordinances, by adding New Article VI regulating the use of plastic checkout bags in the City of Corpus Christi, and providing for penalties. Corpus Christi Page 10 Printed on 5/24/2013 City Council Meeting Agenda - Final May 28, 2013 24 25 P11 PAFA Attachments: Agenda Memo - plastic bags 13- 000441 First Reading Ordinance - Appropriating reimbursement funds from the Texas State Library Archives Commission Ordinance appropriating $11,012.75 reimbursement received from the Texas State Library and Archives Commission for participation in Project Loan into the General Fund No. 1020, Central Library Organization No. 12800 to be used for library technology services. Attachments: Agenda Memo - appropriating reimbursement ($11,01_2.75)_20 13, 13- 000442 First Reading Ordinance - Appropriating royalties from oil, gas, and mineral interests of the Estate of William T. Neyland Ordinance appropriating $2,741.44 from royalties from oil gas and mineral interests bequeathed to the City from the Estate of William T Neyland into the Library Grants fund No 1068, Project No. 807713L for library technology services. Attachments: Ordinance - Appropriating Neyland Royalties 2013 ($2,741.44 ).pdf UTIMars . I kh N N M * UJ 5 • M 01 a • 1 ZT#M,� ! 0� 13- 000443 First Reading Ordinance - Repealing Section 2 - 78 of the City code regarding the City's lay representative to the South Texas Library System Ordinance repealing Sec 2 -78 "Lay representative of city" of Article IV of Chapter 2 of the Corpus Christi Code, providing an effective date; and providing for publication. Attachments: Ordinance - Repealing 2 -78 - 2013 STLS Lay. Rep - Library.pdf 13- 000488 First Reading Ordinance -Authorizing the issuance of General Improvement Bonds to finance Bond 2012 Projects Ordinance authorizing the issuance of "City of Corpus Christi, Texas General Improvement Bonds, Series 2013" in an amount not to exceed $88,010,000, levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the bonds; including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying agent /registrar agreement and a purchase Corpus Christi Page 11 Printed on 5/24/2013 City Council Meeting Agenda - Final May 28, 2013 1� 28 29 30 contract; complying with the requirements imposed by the letter of representations previously executed with the depository trust company; delegating the authority to the Mayor and certain members of the City staff to execute certain documents relating to the sale of the bonds; and providing an effective date. Attachments: Agenda Memo - Issuance of Bond 2012 GO Bonds 5- 28- 13.pdf Will FUM,11 The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 13- 000487 Authorizing the appointment of financial advisor for the issuance of General Improvement Bonds to finance Bond 2012 Projects Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for the issuance of "City of Corpus Christi, Texas General Improvement Bonds, Series 2013" in an amount not to exceed $88,010,000. Attachments: Agenda Memo - Issuance of Bond 2012 GO Bonds 5- 28- 13.pdf • .• • • •• 13- 000486 Amending Financial Poilicy Resolution amending Financial Policies adopted by Resolution 029826 and providing financial policy direction on preparation of the annual budgets. Attachments: Agend Memo - for Revision to Financial Policy, 5- 28- 13.pdf • •, a a a •• - • i • KIM •« ••: 13- 000455 Lease agreement for the lease of Copiers Motion approving a Lease Agreement with Dahill Office Technology Corporation, San Antonio, Texas for eighty -four (84) copiers in accordance with Request For Proposal No. BI- 0121 -13 based on lowest responsible proposal for an estimated three -year expenditure of $737,306.64. The term of the lease agreement shall be for thirty -six (36) months with an option to extend for up to two (2) additional twelve -month periods subject to the approval of the Contractor and the City Manager or designee. Funding will be requested for future fiscal years in the normal budget process. Corpus Christi Page 12 Printed on 5/24/2013 City Council Meeting Agenda - Final May 28, 2013 Attachments: Agenda Memo - Lease of Copiers.pdf 31 13- 000458 Service Agreement for Drug & Alcohol Testing and Occupational Medical Services Motion approving a service agreement with Nueces Emergency Services d.b.a. The Doctor's Center of Corpus Christi, Texas for drug and alcohol testing and occupational medical services, based on only proposal received, in accordance with Request for Proposal Number BI- 0048 -13, for an estimated annual expenditure of $121,484.10, of which $20,247.35 is budgeted for the remainder of FY 12/13. The term of the service agreement will be for one -year with four automatic one -year extension periods. Attachments: Agenda Memo - Drug & Alcohol Testing and Occupational Medical Service: 32 13- 000403 Amending the Consolidated Emergency Dispatch Center Interlocal Agreement between the City of Corpus Christi and Nueces County to include the City of Driscoll as a participant Resolution authorizing the City Manager, or his designee, to execute an amendment to the Consolidated Emergency Dispatch Center Interlocal Agreement between the City of Corpus Christi and Nueces County to include the City of Driscoll as a participant. Attachments: Agenda memo - agreement for consolidated dispatch � R R 33 13- 000404 Interlocal Agreement with Regional Transportation Authority (RTA), Nueces County, and City of Driscoll for the public safety radio system Resolution authorizing the City Manager, or his designee, to execute an Interlocal Agreement with the Regional Transportation Authority, Nueces County, and the City of Driscoll for the operation of an 800 MHz public safety trunked radio system. Attachments: Agenda memo - agreement for public safety radio system 34 13- 000445 Interlocal Agreement with Calallen Independent School District for bus transportation for Summer 2013 Corpus Christi Page 13 Printed on 5/24/2013 City Council Meeting Agenda - Final May 28, 2013 KI-1 W Kul 38 Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Calallen Independent School District to provide transportation services for summer youth recreation programs. Attachments: Agenda Memo - Calallen ISD Interlocal for Summer Transportation.2013 .: ♦ • .• OffiffiWOR. OlEal R 1- 000446 Interlocal Agreement with Corpus Christi Independent School District for bus transportation for Summer 2013 Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Corpus Christi Independent School District to provide transportation services for summer youth recreation programs. Attachments: Agenda Memo - CCISD Interlocal for Summer Transportation.2013 13- 000447 Interlocal Agreement with Flour Bluff Independent School District for bus transportation for Summer 2013 Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Flour Bluff Independent School District to provide transportation services for summer youth recreation programs. Attachments: Agenda Memo - Flour Bluff Interlocal for Summer Transportation.2013 13- 000449 Interlocal agreement for the 2013 Summer Food Program Resolution authorizing the City Manager or designee to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District to provide summer food services for summer recreation. -I .. I ... ■... 1 13- 000459 Approving the use of Permanent Art Trust funds to complete sculpture installation Motion to approve expenditure up to $20,000 of Permanent Art Trusi Fund for expenses related to installation of Gron art sculpture at Corpus Christi Police Department. Corpus Christi Page 14 Printed on 5/24/2013 City Council Meeting Agenda - Final May 28, 2013 Attachments: Agenda Memo - Permanent Art Trust fund 39 13- 000461 Resolution supporting the Harbor Bridge Replacement Project Resolution in support of the Corpus Christi Metropolitan Planning Organization's commitment to provide funding for the replacement of the Harbor Bridge. Attachments: Agenda Memo - Harbor Bridge Replacement 40 13- 000417 Engineering design contract for improvements for International Boulevard from State Highway 44 through the Corpus Christi International Airport (Bond Issue 2012) (Proposition No. 8 Economic Development Projects) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with RVE, Inc. of Corpus Christi, Texas in the amount of $147,850, for International Boulevard from State Highway 44 through the Corpus Christi International Airport, for design, bid, and construction phase services BOND ISSUE 2012. (Proposition No. 8 Economic Development Projects) Attachments: Agenda Memo - International Boulevard Project Budget • Boulevard International Contract - Boulevard. pd International Location Map - Boulevard.pdf Presentation • Boulevard 41 13- 000464 Resolution in support of AEP Texas Central Company's LED Pilot Program and approval of Contribution -In- Aid -of- Construction Agreement for LED Street Lighting Service (Bond Issue 2008) Resolution supporting AEP Texas Central Company's (AEP) "LED Pilot Program" to provide LED Street Lighting Service on Chaparral Street and other mutually agreed to locations within the City of Corpus Christi; supporting any amendments to AEP's Tariff necessary to make the service available; and approving a Contribution -In- Aid -of- Construction Agreement with AEP to install LED Street Lights on Chaparral Street between Williams and Schatzell for $51,032.14. (Bond 2008) Attachments: Agenda Memo - LED Street Lighting Corpus Christi Page 15 Printed on 5/24/2013 City Council Meeting Agenda - Final May 28, 2013 43 44 Engineering design contract for the Oso Water Reclamation Plant nutrient removal and re -rate to 24 million gallons daily - Phase 2 (Final) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with LNV, Inc. of Corpus Christi, Texas in the amount of $9,998,629.00, for the Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 (Final) for design, bid, and construction phase services. Engineering design contract for Wastewater Service Line Repair and Clean -out Installation and Manhole Ring and Cover Adjustment Program FY 2013 Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Engineering & Construction Management Services, LLC, of Corpus Christi, Texas in the amount of $83,500.00, for the Wastewater Service Line Repair and Clean -out Installation and Manhole Ring and Cover Adjustment Program FY 2013. Attachments: Agenda Memo - Srvc Line Project Budget - WVV Srvc Line.pdf Location Map - WVV Srvc Line. pdf Contract - WW Srvc Line Repair. pdf Certification of Funds - WVV Srvc Line Engineering design contract for new office building at landfill Motion authorizing the City Manager or designee to execute a Contract for Professional Services with Kleinfelder Central, Inc., of Corpus Christi, Texas in the amount of $115,509.00 for design, bid and construction phase services. Attachments: Agenda Memo - J C Elliott Landfill New Office Building Location Map Elliott Office Contract - JC Elliot Landfill New Office Building.lDdf Pre • Elliott a . Corpus Christi Page 16 Printed on 5/24/2013 City Council Meeting Agenda 'Final May 28.2018 45 Engineering design contract amendment no. 3 for Bear Lane from Old Brownsville Road to South Padre Island Drive (Bond Issue 2008) Motion authorizing the City Manager, or designee, hoexecute Amendment No. 3hoa Contract for Professional Services with Coynn. Rehnnet and Gutierrez Engineering, L.P. of Corpus Christi, Texas in the amount of $73.470.00 for a restated fee of $1.170.020.00 for the Bear Lane Street Improvement Project fronnD|dBrovvnovi||eRoadtoGouth Padre Island Drive for design of required waterline replacement. (Bond 2008) Attachments: Agenda,_,Memo - Bear Lane. ProjectBudget.-.Bear Lane from Old Brownsville Lane to SPID.pdf Contract - Bear Lane. pdf Presentation - Bear Lane revised Q. BRIEFINGS TO CITY COUNCIL: (ITEMS 46 - 47) The following items are for Council's infonnationapuqxmoaonly. No action will bo taken and no public comment will bosolicited. 46 13-0X00483 Solid Waste Competitive Assessment Results Attachments: SWA ,__qenda Memo 052813 SWCompetitive.Asst 052813 47 RESTORE Act Briefing Attachments: RESTORE final.pdf FL LEGISLATIVE UPDATE: 48 13-000499 Status Report on Legislative Issues S. ADJOURNMENT Corpus Christi Page 17 Printed on 512412013 a, Tuesday, May 14, 2013 Corpus Christi Meeting Minutes - Final A. CALL MEETING TO ORDER. C. I] E 1 F. IL1V10191A1I:0]L1 A City Council 11:30 AM Mayor Martinez called the meeting to order. 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Council Chambers The invocation was provided by Pastor Greg hackett, First United Methodist Church. PLEDGE OF ALLEGIANCE. I:11111] 1 WWI I a The Pledge of Allegiance was delivered by Charlcie Goodman, Mayor's Office. City Secretary Chapa verified that the necessary quorum of the Council and the required Charter Officers were present to conduct the meeting. (Note: Council Member Riojas arrived at 12:20 pm) Charter Officers: City Manager Ron Olson, City Attorney Carlos Valdez, and City Secretary Armando Chapa Present: 9 - Council Member Kelley Allen,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 Proclamations / Commendations Proclamation declaring May 2013 as "Motorcycle Safety and Awareness Month" The Proclamation was read and presented. PUBLIC COMMENT. Mayor Martinez called for Public Comment. Sally Gill commented on limited water resources and thanked City staff for educating the community; Diana Broyles spoke about upcoming Library events and commented on a membership drive; Dan Vera spoke of various globalization issues and economic strategies; Judy Telge commented on Agenda Item No. 18 and stated that the Coastal Bend Independent Living was not awarded any CDBG funding; Jerry Garcia spoke of various City matters; Sally Gill, informed the Council of Corpus Christi Page 1 Printed on 5/22/2013 City Council Meeting Minutes - Final May 14, 2013 the actions taken by the Water Resources Advisory Committee at their last meeting; Jim Kline asked the Council to reconsider the Resolution regarding Citizens United group; and Mary Ann Kelley commented on the Street Maintenance Fee, elimination of fluoride from water, sign violations, and enforcement of the illegal dumping ordinance. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: There were no City Manager comments. H. EXECUTIVE SESSION: (ITEM 2) Mayor Martinez referred to Item No. 2. The Council went into executive session. 2. 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. The Council returned from executive session. Mayor Martinez announced that no action would be taken. I. MINUTES: 3. Approval of Meeting Minutes - Regular Meetings of April 23, 2013 and April 30, 2013. A motion was made by Council Member Magill, seconded by Council Member Loeb to approve the minutes as presented and passed. J. BOARDS & COMMITTEE APPOINTMENTS: 4. 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 Marina Advisory Committee Mayor's Fitness Council Parking Advisory Committee Planning Commission Mayor Martinez referred to Item No. 4 and the following appointments /reappointments were made to the City's boards, commissions and committees: Corpus Christi Page 2 Printed on 5/22/2013 City Council Meeting Minutes - Final May 14, 2013 Advisory Committee on Community Pride: New Appointments - Belinda Rocha and Betsy Herring Airport Board: New Appointments -Alex Garcia, Jr. and Shawn Morgan; Reappointment - Jeffrey Kane; Advisory Member - Jay Wise Animal Control Advisory Committee: New Appointments - Janet Strawn (At Large) and Megan Winn (At Large); Reappointment - Laina Schonefeld (At Large) and Dr. Barbara Whitlock (Veterinarian) Building Code Board of Appeals: New Appointment -Chuck Anastos (Architect); Reappointment - Debie Schibi (General Contractor) and Randy Farrar (Building Industry) Commission on Children and Youth: These appointments were deferred until later in the meeting to allow for review of the Resume for Heather Butscher. Committee for Persons with Disabilities: New Appointment - Marshall Burns Marina Advisory Committee: New Appointments -Clara lee (Scientist), Sharon Emerson (At Large), and Robert Paulison (At Large); Reappointment - Monte Reitz (Restaurant Representative) Mayor's Fitness Council: New Appointments - Dr. Chad Peters (Health Care /Medical) and Dr. Roland Hernandez (Youth Initiatives); Reappointments - Kimberly Cook (Disability Network), Rodney Brown (At Large), Wade Spenst (At Large), and Megan Allen (Worksite Wellness) Planning Commission: Reinstated - Gabriel Guerra and Mike Lippincott Parking Advisory Committee: New Appointments -Jennifer Perales (DMD), Linda Sutton (DMD), Lawrence Virts ( Buildng Owners & Management Assn., Darlene Gregory (Uptown Neighborhoow Initiative), Richard Durham (At Large), Lynn Frazier (CC Beach Task Force), Fay Crider (Resident), and Ginny Price (Council Member District 2 Nominee), Ellen Blasingame (BOMA - Declined Appointment) Enactment No: L. CONSENT AGENDA: (ITEMS 5 -11) Mayor Martinez referred to Consent Agenda, Items 5 - 11. Mayor Martinez asked for council and public comment. There were no comments from the public. Council Members pulled Item Nos. 10 and 11 for individual consideration. The items were approved by one vote: 5. 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 Corpus Christi Page 3 Printed on 5/22/2013 City Council Meeting Minutes - Final May 14, 2013 2012 -2013. The foregoing motion 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 Magill, Council Member McIntyre and Council Member Garza Absent: 1 - Council Member Riojas Abstained: 0 Enactment No: M2013 -081 6. 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. The foregoing motion 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 Magill, Council Member McIntyre and Council Member Garza Absent: 1 - Council Member Riojas Abstained: 0 Enactment No: M2013 -082 7. 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. The foregoing motion 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 Magill, Council Member McIntyre and Council Member Garza Absent: 1 - Council Member Riojas Abstained: 0 Enactment No: M2013 -083 Corpus Christi Page 4 Printed on 5/22/2013 City Council Meeting Minutes - Final May 14, 2013 8. 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. The foregoing motion 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 Magill, Council Member McIntyre and Council Member Garza Absent: 1 - Council Member Riojas Abstained: 0 Enactment No: M2013 -084 9. 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. The foregoing motion 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 Magill, Council Member McIntyre and Council Member Garza Absent: 1 - Council Member Riojas Abstained: 0 Enactment No: 029825 10. Amendment to Financial Policy Resolution amending financial policies adopted by Resolution 029521 and providing financial policy direction on preparation of the Annual Budgets. The foregoing resolution was passed and approved with the following vote: Corpus Christi Page 5 Printed on 5/22/2013 City Council Meeting Minutes - Final May 14, 2013 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 Garza Absent: 1 - Council Member Riojas Abstained: 0 Enactment No: 029826 11. 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. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 7- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill and Council Member McIntyre Absent: 1 - Council Member Riojas Abstained: 1 - Council Member Garza Enactment No: 029827 M. PUBLIC HEARINGS: (ITEMS 12 -15) 12. 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. Mayor Martinez referred to Item No. 12. Mr. Mark Van Vleck, Director of Development Services stated that this item is amending the Unified Development Code, specificially signs installed by a transit company with a franchise or other right to operate in the City such as the Regional Transportation Authority (RTA). A motion was made by Council Member Scott, seconded by Council Member Magill to open the public hearing and passed. Jack Gordy spoke in opposition. Mr. Ron Olson, City Manager clarified the opinion issued by the Attorney General Office. A motion was made by Council Member Magill, seconded by Council Member McIntyre to close the public hearing and passed. Corpus Christi Page 6 Printed on 5/22/2013 City Council Meeting Minutes - Final May 14, 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 13. 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, 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. 13. Mr. Mark Van Vleck, Director of Development Services stated that this request is to rezone the property to allow light industrial uses plus the aboveground wholesale storage of fuels and lubricants located at 8801 State Highway 44. He stated that this item was tabled at the April 23, 2013 council meeting to give the applicant time to evaluate an alternate request to the "IC" Industrial Compatible District on the Corpus Christi Page 7 Printed on 5/22/2013 City Council Meeting Minutes - Final May 14, 2013 west portion of the property and the "IL /SP" Light Industrial District with a Special Permit on the east portion of the property. He stated that the applicant has accepted the alternate request. A motion was made by Council Member Scott, seconded by Council Member Magill to open the public hearing. The following citizens spoke in opposition to this item: Alexandra Camacho, Ms. Camacho, Ernest Sims, Ruby Garcia, and Abel Alonzo. A motion was made by Council Member Scott, seconded by Council Member Loeb to close the public hearing and passed. A motion was made by Council Member Loeb to amend the ordinance to approve the 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, seconded by Council Member Allen and passed. The foregoing ordinance was passed and approved on first reading as amended 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 Nay: 1 - Council Member Leal Abstained: 0 14. 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 Mayor Martinez referred to Item No. 14. Mr. Pete Anaya, Director of Planning and Environmental Services stated that this item is to amend the South Central Area Development Plan. Ms. Lisa Wargo, Planning Department, provided an overview of the proposed amendments and stated that the plan will incorporate new measurable strategies, a new multi -modal transportation map, urban design and urban living plans within the area development plan, update goals and policies, and update the future land use map. A motion was made by Council Member McIntyre, seconded by Council Member Scott to open the public hearing and passed. Abel Alonzo stated that the Planning Committee should have included a disabled representative. A motion was made by Council Member McIntyre, seconded by Council Member Scott to close the public hearing and passed. The foreregoing ordinance was passed and approved on first reading with the following vote: Corpus Christi Page 8 Printed on 5/22/2013 City Council Meeting Minutes - Final May 14, 2013 Aye: 7 - Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member Riojas and Council Member Garza Absent: 2 - Council Member Allen and Council Member McIntyre Abstained: 0 15. 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). Mayor Martinez referred to Item No. 15. Mike Culbertson, Regional Economic Development Corporation stated that this is the second reading of an ordinance designating the voestalpine Reinvestment Zone. A motion was made by Council Member Scott, seconded by Council Member Riojas to open the public hearing and passed. There were no comments. A motion was made by Council Member Scott, seconded by Council Member Leal to close the public hearing and passed. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 7 - Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Allen Abstained: 1 - Council Member Magill Enactment No: 029828 N. REGULAR AGENDA: (ITEMS 16 -18) 16. 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. Mayor Martinez referred to Item No. 16. Aurora Parlamas, Public Health Department stated that this is the second reading of an ordinance proposing the adoption of new Section 19 -17, for the purpose of regulating certain goods and products, specifically eggs at Farmer's Markets. She stated that staff is recommending an amendment prior to the final reading of the ordinance. Corpus Christi Page 9 Printed on 5/22/2013 City Council Meeting Minutes - Final May 14, 2013 Mayor Martinez asked for comments from the audience. There were no comments. A motion was made by Council Member Loeb to accept the amendments recommended by staff, seconded by Council Member McIntyre and passed. The foregoing ordinance was passed and approved on second reading as amended 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: 029829 17. 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 4/23/13) 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. Mayor Martinez referred to Item No. 17. Dan Biles, Director of Engineering stated that the purpose of this item is to execute an amendment with McKinstry Essention for Energy Efficiency Conservation Retrofit for work associated with Phase 2 energy audit and retrofit assessment of major City facilities. Mayor Martinez asked for comments from the audience. There were no comments. The foregoing ordinance was passed and approved on second reading 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 Nay: 1 - Council Member Magill Abstained: 0 Enactment No: 029830 18. Second Reading Ordinance - Adopting the Consolidated Annual Action Plan for housing and homeless needs (1st Reading Corpus Christi Page 10 Printed on 5/22/2013 City Council Meeting Minutes - Final May 14, 2013 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. Mayor Martinez referred to Item No. 18. Susan Thorpe, Assistant City Manager stated that this item relates to the Proposed FY 2013 -2014 Consolidated Annual Action Plan. She added that funds have been identified from the General Fund to fund CDBG Project Nos. 15, Ethel Eyerly Center Fire Alarm System, No. 19, Lindale Senior Center Fire Alarm System, No. 20, Greenwood Senior Center Roofing Project, and No. 25, Northwest Senior Center Fire Alarm System in the total amount of $96,700, thereby making the funding available for ADA Improvements. A motion was made by Council Member Scott to increase the funding by $96,700 to CDBG Project No. 9, ADA Improvements, seconded by Council Member McIntyre and passed. A discussion ensued regarding CDBG Project No. 11 La Retama Central Library Accessibility. A motion was made by Council Member Magill to table CDBG Project No. 11 to allow for further review of the project, seconded by Council Member Leal and passed. Mayor Martinez asked for comments from the public. Abel Alonzo spoke in support of ADA improvements. The foregoing ordinance was passed and approved on second reading as amended 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: 029831 O. FIRST READING ORDINANCES: (ITEMS 19 - 28) 19. First Reading Ordinance - Accepting and appropriating a Regional grant to support Emergency Medical Services (EMS) Corpus Christi Page 11 Printed on 5/22/2013 City Council Meeting Minutes - Final May 14, 2013 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 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: 029832 20. 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. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 7- Council Member Allen, Council Member Leal, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2 - Council Member Loeb and Mayor Martinez Abstained: 0 Enactment No: 029833 21. 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, Corpus Christi Page 12 Printed on 5/22/2013 City Council Meeting Minutes - Final May 14, 2013 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. Mayor Martinez referred to Item No. 21. Gus Gonzalez, Director of Water Operations stated that this amendment revises and improves the City's Water Conservation Ordinance and the 2009 Water Conservation and Drought Contingency Plan. He added that the Texas Commission on Environmental Quality (TCEQ) and the Texas Water Development Board (TWDB) require submitted of a revision every five years. Mr. Gonzalez provided a presentation and discussed the objectives, outreach, key differences between the Water Conservation Plan and the Drought Contingency Plan, best management practices, identified the drought response stages, difference between the current plan vs. proposed plan (Drought Contingency Plan), and waiver and exemptions. After council discussion, a motion was made by Council Member Magill to add "Council Consent" to Stage 3 Response - Severe Water Shortage Condition and Stage 4 Response - Critical Water Shortage Condition, seconded by Council Member Scott and passed. The foregoing ordinance was passed and approved on first reading as amended with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Mayor Martinez Abstained: 0 22. 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. 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, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Mayor Martinez Abstained: 0 Enactment No: 029834 23. First Reading Ordinance - Lease renewal with Padre Little League for baseball field at Bill Witt Park Corpus Christi Page 13 Printed on 5/22/2013 City Council Meeting Minutes - Final May 14, 2013 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. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 7- Council Member Allen, Council Member Leal, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2 - Council Member Loeb and Mayor Martinez Abstained: 0 Enactment No: 029835 24. 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. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 7- Council Member Allen, Council Member Leal, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2 - Council Member Loeb and Mayor Martinez Abstained: 0 Enactment No: 029836 25. 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 agreement with the ( "Permittee ") to instE two -inch wastewater right -of -way, subject conditions. the City Manager to execute a use privilege Corpus Christi Independent School District operate, maintain, and remove a private force main within the Lipan Street public to Permittee's compliance with specified The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 7- Council Member Allen, Council Member Leal, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Corpus Christi Page 14 Printed on 5/22/2013 City Council Meeting Minutes - Final May 14, 2013 Absent: 2 - Council Member Loeb and Mayor Martinez Abstained: 0 Enactment No: 029837 26. 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. 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, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Mayor Martinez Abstained: 0 27. First Reading Ordinance - Amendment to Type A agreement for Texas A &M University - Corpus Christi Internship Program (Original Agreement Passed 08/21/12) 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. 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, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Mayor Martinez Abstained: 0 Corpus Christi Page 15 Printed on 5/22/2013 City Council Meeting Minutes - Final May 14, 2013 28. 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. 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, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Mayor Martinez Abstained: 0 Enactment No: 029838 Q. BRIEFINGS TO CITY COUNCIL: (ITEM 40) 40. Nueces County Appraisal District Mayor Pro Tern Allen deviated from the agenda and referred to Item No. 40. Ronnie Canales, Chief Appraiser, Nueces County Appraisal District provided a brief overview and discussed the improvements to the Appraisal District building including the safety improvements, HVAC and roof replacement, and new flooring. Mr. Canales stated that their customer service has improved with a new website, 2013 proposed values now available on -line, a -file of residential homesteads, and a phone bank. He then discussed residential /commecial sales and sales by category, 2013 preliminary value estimate and taxable new growth. P. FUTURE AGENDA ITEMS: (ITEMS 29 - 39) Mayor Pro Tern Allen referred to the Future Agenda, Items 29 through 39 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 37 and 36. Council Members requested a presentation on Items 29, 30, and 32. 29. 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. This Motion was recommended by Staff to Consent Agenda. 30. Supply agreement for polymer used to remove water from sludge Corpus Christi Page 16 Printed on 5/22/2013 City Council Meeting Minutes - Final May 14, 2013 at wastewater treatment plants 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. This Motion was recommended by Staff to the Consent Agenda. Enactment No: M2013 -085 31. Supply agreement for chemical solution for disinfection of treated effluent and potable drinking water 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. This Motion was recommended by Staff to the Consent Agenda. Enactment No: M2013 -086 32. Change Order No. 11 for Kostoryz Road improvements Phase 1 from Horne to Sunnybrook and Phase 2 from Sunnybrook to SPID (Bond 2008) 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. This Motion was recommended by Staff to the Consent Agenda. 33. Engineering design contract for lifecycle curb and gutter replacement Motion authorizing the City Manager, or designee, to execute a Corpus Christi Page 17 Printed on 5/22/2013 City Council Meeting Minutes - Final May 14, 2013 34 35. 36 37 Contract 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. This Motion was recommended by Staff to the Consent Agenda. Enactment No: M2013 -087 Engineering design contract amendment no. 1 for Schanen Ditch Improvements Phase 2 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. This Motion was recommended by Staff to the Consent Agenda. Enactment No: M2013 -088 Engineering design contract for Americans with Disabilities Act (ADA) Master Plan Improvements City Wide (BOND 2012) 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) This Motion was recommended by Staff to the Consent Agenda. Enactment No: M2013 -089 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. This Resolution was recommended by Staff to the Consent Agenda. Chapter 380 Agreement for Staples Center Retail Venture, LP (The Shops at La Palmera) 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 Corpus Christi Page 18 Printed on 5/22/2013 City Council Meeting Minutes - Final May 14, 2013 economic development grants for redevelopment of Staples Retail Center and Mt. Vernon Center, for the benefit of the City. This Resolution was recommended by Staff to the Regular Agenda. 38. Purchase of software, hardware and services to create a virtual desktop program for City computer services 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 Intelek Technologies for $2,317.00 for a total expenditure of $86,901.70. This Motion was recommended by Staff to the Consent Agenda. Enactment No: M2013 -090 39. Approving Financial Underwriters for issuing bonds Motion approving authorized list of financial underwriters This Motion was recommended by Staff to the Consent Agenda. Mayor Pro Tern Allen referred to the appointments for the Commission on Children & Youth. After review of resume for Ms. Heather Butscher, the Council made the following reappointments: Dr. Ridge Hammons (Education), Heather Butscher (Health & Human Services), and Denise Etheridge (Youth Representative). R. LEGISLATIVE UPDATE: (ITEM 41) 41. Status Report on Legislative Issues S. ADJOURNMENT Mayor Pro Tern Allen referred to Item No. 41. Tom Tagliabue, Director of Intergovernmental Relations distributed an update of the 2013 Legislation. Council Member Scott asked if a vote has occured on Windstorm, and Foster Edwards, CEO Chamber of Commerce responded that a vote is expected May 15th. Mr. Edwards distributed information regarding Senate Bill 1700. There being no further business to come before the Council, Mayor Pro Tern Allen declared the meeting adjourned at 6:21 pm. Corpus Christi Page 19 Printed on 5/22/2013 a, Tuesday, May 21, 2013 I_1 B C 1 Corpus Christi Meeting Minutes - Final City Council 11:30 AM 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. [om10►vil;1;kIILl [elk %Ze]No7;l :4 ROLL CALL. Mayor Martinez called the meeting to order. Council Chambers City Secretary Chapa verified that the necessary quorum of the Council and the required Charter Officers were present to conduct the meeting. (Note: Council Member Magill arrived at 11:45 am) Charter Officers: City Manager Ron Olson, City Attorney Carlos Valdez, and City Secretary Armando Chapa Present: 9 - Council Member Kelley Allen,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 CONSENT AGENDA: Mayor Martinez referred to the Consent Agenda, Items 1 - 15. Mayor Martinez asked for council and public comments. There were no comments. The items were approved by one vote: 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 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. The foregoing motion was passed and approved with the following vote: Corpus Christi Page 1 Printed on 5/23/2013 City Council Meeting Minutes - Final May 21, 2013 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 Absent: 1 - Council Member Magill Abstained: 0 Enactment No: M2013 -085 2. Supply agreement for chemical solution for disinfection of treated effluent and potable drinking water 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. The foregoing motion 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 Absent: 1 - Council Member Magill Abstained: 0 Enactment No: M2013 -086 3. Engineering design contract for lifecycle curb and gutter replacement Motion authorizing the City Manager, or designee, to execute a Contract 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. The foregoing motion 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 Absent: 1 - Council Member Magill Abstained: 0 Enactment No: M2013 -087 Corpus Christi Page 2 Printed on 5/23/2013 City Council Meeting Minutes - Final May 21, 2013 4. Engineering design contract amendment no. 1 for Schanen Ditch Improvements Phase 2 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. The foregoing motion 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 Absent: 1 - Council Member Magill Abstained: 0 Enactment No: M2013 -088 5. Engineering design contract for Americans with Disabilities Act (ADA) Master Plan Improvements City Wide (BOND 2012) 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) The foregoing motion 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 Absent: 1 - Council Member Magill Abstained: 0 Enactment No: M2013 -089 6. Purchase of software, hardware and services to create a virtual desktop program for City computer services 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 Intelek Technologies for $2,317.00 for a total expenditure of $86,901.70. Corpus Christi Page 3 Printed on 5/23/2013 City Council Meeting Minutes - Final May 21, 2013 The foregoing motion 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 Absent: 1 - Council Member Magill Abstained: 0 Enactment No: M2013 -090 7. Second Reading Ordinance - Accepting and appropriating a Regional grant to support Emergency Medical Services (EMS) operations (1st Reading 5114113) 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 The foregoing ordinance was passed and approved on second reading 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 Absent: 1 - Council Member Magill Abstained: 0 Enactment No: 029832 8. Second Reading Ordinance - Accepting and appropriating a Regional grant to support the Web Based Emergency Operations Center (WebEOC) (1st Reading 5114113) 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. The foregoing ordinance was passed and approved on second reading with the following vote: Corpus Christi Page 4 Printed on 5/23/2013 City Council Meeting Minutes - Final May 21, 2013 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 Absent: 1 - Council Member Magill Abstained: 0 Enactment No: 029833 9. Second Reading Ordinance - Amending City code to allow dogs in outdoor dining areas of food establishments (1st Reading 5114113) 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. The foregoing ordinance was passed and approved on second reading 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 Absent: 1 - Council Member Magill Abstained: 0 Enactment No: 029834 10. Second Reading Ordinance - Lease renewal with Padre Little League for baseball field at Bill Witt Park (1st Reading 5114113) 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. The foregoing ordinance was passed and approved on second reading 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 Absent: 1 - Council Member Magill Abstained: 0 Enactment No: 029835 11. Second Reading Ordinance - Lease renewal with Padre Youth Soccer for soccer field at Bill Witt Park (1st Reading 5114113) Corpus Christi Page 5 Printed on 5/23/2013 City Council Meeting Minutes - Final May 21, 2013 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. The foregoing ordinance was passed and approved on second reading 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 Absent: 1 - Council Member Magill Abstained: 0 Enactment No: 029836 12. Second 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 (1st Reading 5/14/13) Ordinance authorizing agreement with the ( "Permittee ") to instE two -inch wastewater right -of -way, subject conditions. the City Manager to execute a use privilege Corpus Christi Independent School District operate, maintain, and remove a private force main within the Lipan Street public to Permittee's compliance with specified The foregoing ordinance was passed and approved on second reading 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 Absent: 1 - Council Member Magill Abstained: 0 Enactment No: 029837 13. Second Reading Ordinance - Amendment to Type A agreement for Del Mar College Internship Program (Original Agreement Passed 08/21/12) (1st Reading 5/14/13) 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. Corpus Christi Page 6 Printed on 5/23/2013 City Council Meeting Minutes - Final May 21, 2013 City Manager Olson announced that this item was being postponed. 14. Second Reading Ordinance - Amendment to Type A agreement for Texas A &M University - Corpus Christi Internship Program (Original Agreement Passed 08/21/12) (1st Reading 5/14/13) 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. City Manager Olson announced that this item was being postponed. 15. Second Reading Ordinance - Lease agreement for boat show event (1st Reading 5/14/13) 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. The foregoing ordinance was passed and approved on second reading 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 Absent: 1 - Council Member Magill Abstained: 0 Enactment No: 029838 D. BRIEFINGS TO CITY COUNCIL: 16. Arts and Cultural Commission Mayor Martinez referred to Item No. 16. Mr. Michael Morris, Director of Parks & Recreation introduced Heidi Hovda, Chairperson, Arts and Cultural Commission who provided an update on the Arts and Cultural Commission. Ms. Hovda stated that the last report to the Council as given on June 21, 2011. Ms. Hovda stated that the Arts and Cultural Commission focuses on three headlines - arts grants program reinstatement, two major sculptures installed, and public art maintenance inventory. She informed the Council that fourteen organizations received arts grants through the Hotel Occupancy Tax Fund; the "Wind Dancer" sculpture was installed at Cole Park in April 2013 and commissioned by Dusty Durrill, and the Sculpture iat the Police Department Corpus Christi Page 7 Printed on 5/23/2013 City Council Meeting Minutes - Final May 21, 2013 building was installedin April 2013 and commissioned by the City of Corpus Christi Public Art Program. Ms. Hovda also discussed the public art maintenance program which includes 48 art pieces that require annual cleaning and sealing, 21 bronze /metal pieces that require bi- annual cleaning and waxing, and other general repairs to lighting, foundation, and hardscape. Ms. Hovda stated that the commission is requesting $10,000 to cover arts maintenance for next fiscal year. Council Member Loeb asked about funding for arts maintenance for next fiscal year, and Mr. Morris responded that the Parks & Recreation department has identified funding for arts maintenance for FY 2013 -14. 17. City Golf Courses Mayor Martinez referred to Item No. 17. Mr. Michael Morris, Director of Parks & Recreation provided an update on City Golf Courses. Mr. Morris reported that the revenue and overall rounds of golf have increased at the Oso Beach Golf Course, and Lozano Golf Course. Mr. Morris displayed maps showing the course condition improvements at Oso Beach and Lozano golf courses, and stated that a survey showed that customer satisfaction shows significant improvement. Mr. Morris stated that the 2013 Goals includes purchase of additional equipment, facility improvements at Oso Beach and Lozano, and a surplus is projected in the 2014 budget. 18. FEMA Map Update and Downtown Flood Protection System Improvement Strategy Mayor Martinez referred to Item No. 18. Mr. Dan Biles, Director of Engineering provided an update on the Federal Emergency Management Agency (FEMA) release of Preliminary Flood Insurance Rate Maps (FIRMs) and an update on the City's strategy for Downtown Flood Protection System Improvement strategy. He stated that the maps should be finalized in 18 to 24 months. Mr. Biles displayed a map of the Downtown Flood Protection System showing the Power Street Pump Station, Hughes Street Pump Station, and Kinney Street Pump Station. He also discussed the Alternatives for operating and maintaining a non - accredited levee, a certified levee and discussed the differences for a certified levee and the impact. 19. Mary Rhodes Pipeline, Phase 2 Mayor Martinez referred to Item No. 19. Mr. Gus Gonzalez provided an update on the Mary Rhodes Pipeline, Phase 2. Mr. Gonzalez provided a project status and stated that the Environmental Permits received from USACE are complete, the Environmental and Engineering Clearance has been granted by the Texas Water Development Board, and 50% of the design submittal is complete. He then added that the Pipeline Easement Agreements are 27% complete, the Survey, Geotechnical and Cathodic Protection Investigation is underway, and the coordination with AEP on power supply and facility relocation is also underway. He stated that they are workig toward 90% submittal by June 2013. Mr. Biles then discussed the project schedule and project cost. 20. Wastewater Trust Fund Mayor Martinez referred to Item No. 20. Mark Van Vleck, Director of Corpus Christi Page 8 Printed on 5/23/2013 City Council Meeting Minutes - Final May 21, 2013 Development Services provided an overview of the Wastewater Trust Funds and stated that the purpose of the funds is to encourage development, equitable spread the cost of wastewater line extensions, and reimburse developers for constructing infrastructure where it is deficient or non - existent. He added that funds are collected from developers via acreage and surcharge fees. Mr. Van Vleck added that there are two Trust Funds associated with the Waterwater Trust, the Collection Line funds Off -site Collection Lines, and the Trunk System funds Trunk Lines, Master Planned Lift Stations, and Force Mains. He stated that currently the City is platting 54 acres per month which equates to a revenue of $97,000 per month. Mr. Van Vleck then discussed the average costs for trunk lines, lift station, and force main, and the revenue per acreage fees and surcharge. He stated that there are approximately 4,098 acres that are unplatted, and displayed a map depicting unplatted property. Mr. Van Vleck stated that staff recommends increase fees to cover inflation, Unified Development Code amendment to change the priority of reimbursements, and exemp the area south of Oso Creek. 21. Parker Swimming Pool Mayor Martinez referred to Item No. 21. Mr. Michael Morris, Director of Parks & Recreation provided an overview and discussed the closure of Parker Swimming Pool which is located in the Flour Bluff area. Mr. Morris stated that budget reductions in FY2010, FY2011, FY2012, and a net zero budget in FY2013 caused significant budget cuts that have impacted City pools. He stated that the two main issues with Parker Pool is operating monies and capital improvement monies. Mr. Morris sttaed that a Weed and Seed grant from the Federal Department of Justice for the Flour Bluff area allowed for Parker Pool to remain open for two years, but that grant funding is no longer available to operate Parker Pool. He then discussed the rationale for closure of pools; and stated that Parker Pool has been steadily declining in condition for years, as funding has not been available to renovate it. Mr. Morris stated that last summer, the pool became inoperable due to leaks under the pool piping. He stated that a preliminary projection of $350,000 would be needed to repair the pool. Mr. Morris informed the council of two recent developments, 1) the Coastal Bend All Star Swim Team may be interested in leasing the pool, and that Flour Bluff Independent School District recently passed a bond program to build a new Natatorium and will offer swimming lessons and public open swim. 22. Alternate Construction Delivery Methods Mayor Martinez referred to Item No. 22. Mr. Dan Biles, Director of Engineering provided an overview on Alternate Construction Delivery Methods. He stated that alternative contracting and delivery methods are available to Texas cities for design and construction of public works projects. Mr. Biles stated that the six alternative delivery methods under the Government Code are: competitive sealed proposal method; the construction manager -agent method; the construction manager -at -risk method; the design -build method; the design -build method for certain civil works project, and the job order contract method. He stated that the City currently uses the Job Order Contract Method which has been very successful versus the traditional method. He discussed the benefits of using Alternative Delivery verus Traditional; survey results conducted by Water Design Build Council; activity project time; advantages Corpus Christi Page 9 Printed on 5/23/2013 City Council Meeting Minutes - Final May 21, 2013 and disadvantages for construction management at risk; and advantages and disadvantages for design - build. He informed the council that he plans to bring a Resolution in the future regarding contracting and delivery methods for construction projects. E. LEGISLATIVE UPDATE: 23. Status Report on Legislative Issues F. ADJOURNMENT Mayor Martinez referred to Item No. 23. Mr. Tom Tagliabue, Director of Intergovernmental Relations provided an update and stated that five of the City's priority bills that were recommended have passed and will go to the Governor. He stated that Windstorm priority, funding for Military Protection, Airport Zoning and Transportation are still pending as well as the SGR1, Water Funding bill. Council Members inquired about HB 581, Workers Compensation and Redistricting. There being no further business to come before the Council, Mayor Martinez declared the meeting adjourned at 2:55 pm. Corpus Christi Page 10 Printed on 5/23/2013 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� ..- "A * * * «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. «B * * * 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. 2Brief 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 c 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 io C South "RS -6" Single - Family 6 Vacant Light Industrial c y M J East "IL" Light Industrial Drainage Corridor Drainage Corridor X w West "RS -6" Single - Family 6 Vacant &Lo Light Industrial Density Residenw 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 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 d "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 notification area .o As of March 28, 2013: 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 d El __ RKWOOD 7 I K 4 1h 0 400 CASE: 0313 -01 2. SITE - EXISTING ZONING, $wajectProperly Owners wart 200' buffer 0 in favor Owners within 200' fisted on Owners attached r✓ merstip Cable In opposition ASSESS FAU IL '!3 St1 ,i1 Vist A S S E S SCQ,A Prepa M. 2712o3 Byt}eremym Debam ry services 1VV I Al C AMCH 6r VYYIVCM0r71I" 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 CI intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial R.MIi Manufactured Home CR -3 Resort Commercial FR Farm Rural R Historic Overlay SP Business Park $wajectProperly Owners wart 200' buffer 0 in favor Owners within 200' fisted on Owners attached r✓ merstip Cable In opposition ASSESS FAU IL '!3 St1 ,i1 Vist A S S E S SCQ,A Prepa M. 2712o3 Byt}eremym Debam ry services OTOATE: 03 -12 -13 18:45 PM GRAWING NO: 12090 PWMCALE: 1:1 xREF: 14— n:;i H- 00, "rI C r i n cd 0--j i= ncD Z _ > N n A m z n n m A m2 n IZZ�Z mfr 2 A m mamo 01.1 m. m.zzm L7 � I[HRY C7 m So ~o �1 = rF e O m w m n 1 ar �r A= in o R1 c- vl m N 1n 'O U� ryPj�pu�'!� L�HJ ppL.��NJf L�tlJ CJ + of TXDOT DRAINAGE R.C}.`'d"d. WIDTH VARIES 3,f L,LdLS OS AD zm mA AD S Z �z n' Au M 0 oom GATE: 3 -1 -201] SITE PLAN BASS & WELSH ENGFJEERoHC� sca-E: 1' =40' CJ CL E II cn x �J y i m JOB NO.: 12090 DESIGN e : NB Jr THOMAS PETROLEUM 3054 SOUTH AI-EOA STREET 78404 P.o. eox 8]97 78488 -8397 i to y NJ I cc � TELEPHONE: (381) 882 -5521 =� N ) SURVEYNG Br: AN COUP. FIIf: Nsp- SCalee FlEIO BK. N0: ,6Z ZL STATE HIGHWAY 44 SURVEYING FlRN REGISTRATION NO. 1OOO27 -oo C O R P U S C H R I S T I . T E X A S D II 2 I > I A es r D Z 0 _ va � z mN Z a> 5m Zm m a Z On Z \ n �z m m > zn m� m � A m zN ° m co M W r f D ro y n m z z J m � A Z y�y m V r l C5 Aa �z z ym I m Z Zm G a J m IA m m0 o° m nN om mm 5- rno aoa ymAn rnrn \U n > N n A m z n n m A m2 n IZZ�Z mfr 2 A m mamo 01.1 m. m.zzm L7 � I[HRY C7 m So ~o �1 = rF e O m w m n 1 ar �r A= in o R1 c- vl m N 1n 'O U� ryPj�pu�'!� L�HJ ppL.��NJf L�tlJ CJ + of TXDOT DRAINAGE R.C}.`'d"d. WIDTH VARIES 3,f L,LdLS OS AD zm mA AD S Z �z n' Au M 0 o GATE: 3 -1 -201] SITE PLAN BASS & WELSH ENGFJEERoHC� sca-E: 1' =40' CONSUEnrvG ENGINEERS AND SURVEYORS i m JOB NO.: 12090 DESIGN e : NB Jr THOMAS PETROLEUM 3054 SOUTH AI-EOA STREET 78404 P.o. eox 8]97 78488 -8397 i to y GRANN BY: WF TELEPHONE: (381) 882 -5521 2 OZ SURVEYNG Br: AN COUP. FIIf: Nsp- SCalee FlEIO BK. N0: FACSII-E: (381) 882 -1285 ENGINEERING FlRN REGISTRATION NO. F -52 STATE HIGHWAY 44 SURVEYING FlRN REGISTRATION NO. 1OOO27 -oo C O R P U S C H R I S T I . T E X A S UZ OM m J 0# iNnTO2li3d S` INOHl U (O Urn�M a ja* a OJ 419 Mg -_ a ?— - aba ad bbbbbb IN bb bab —, a— -- U ON � 22". LO 1N 3� gR C,) � " I Hill Co - w o a c Hill LL 0 i Q s g ' (0 33 C,4 § Iiii LLg ¢g S �g � Wg ii � � 1 q i i r/ W 3 q m 3 O � z J a Le Y z 0 N N V a a V V V 0 O 0 N N 0 0 0 0 0 0 N O O O f0 O O O M 0 APPENDIX 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 Fagusgrandifolia 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 Helianthus 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 Zi 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 111ahoma 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 R 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 ra cotoneaster C. "hon ontaks _. 17r:.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 ATTEST: Armando Chapa City Secretary day of , 20 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 —aso 3 o, m 0 cA � (b �0 z" , 3' zi. Cb Cb O avow (IOOM>18v-lo m ro N Nl'01'46"W 724.29' m > I (D m III 110 0 cyl O OD N O 0 z Z 0 0> m Z CO) y N 0 M m o N1'04'51"W 757.58' ic z F M C� u 30 m Z N DF m 0 CD a Z p U) > U N 310 z 0 00 G) z m u -pt Ma CD U) r 0 L9 L9Z 3.C1,L0.1S c-- o* 00 0 0 10 co z m EXHIBIT C EXHIBIT D —'DO- -r- C: Cil C) 41 > C-TI 71 Un > (Ac C) .6z 3L z cc z M, Sm z on z 20 > -Z nz j OC9 mm Q 0 C)o z > 2> J F � MZ M x x 0 Z �z m z > n > mm > x M 0., 1— n z MM M . M-00 mz, C/) > A mx (D I z Z*z Cf) rF > o n > . ., m. 0 T1 Fri E 0 z m 0 I F, j do m0 c c—, Z z a z mm > z M, M, a II m > > c A x> Z, z m _o TTT II M> F3 9 L9 L9L 3,f l,GQLS TXDOT DRAINAGE RLX WIDTH 'VARIES SITE PLAN BASS A WELSH EN(3IHEEmIHQ CO—ONO EN01— = SURVEYORS -.16 M M 1 NO —.N .1. J, THOMAS PETROLEUM W54 s -- - 1-4 p 1— 784--, — ONE: (361) 882-5521 —LE: (361) COMP. FlIEBNap Flm BK. NO: EMIN Fl RN --ON NO 1-12 STATE HIGHWAY 44 _EERNG R O 1 — _ NO _ — g� —N T N I S°: 1. E 2-0 I I S EXHIBIT D APPENDIX 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 Fagusgrandifolia 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 Helianthus 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 Zi 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 Cherry Corn NX 12: %ttractive to Wildlife 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 7estern 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 ra cotoneaster C.'hon ontaks 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 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 ATTEST: Armando Chapa City Secretary day of , 20 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 0 U a: u x C6 OMD u u Ns ROB. i =v IL 77 Yl 3.21 LO. LS U� OD OD LU 3WI jovaL�M WNW 34L 34L JO NKVOOl 8 0 C14 < -U) 00 Z: > 4- C, 00 Ol bj -8 S 0 EP u 10 L) 0 6Z'$•ZL M.9i,,LQLN 0 i 0i a z V.- ..j Z 0 -Z 0 N tr dVOU -(3OOM)48i--10 0 1 ~ wqO 9,:-, z -D to MPH-, 0 �o W5 am 02 > W}00 000 nbn wz w 0 9-wh!989 .0 "M mmoo- xn 0� a. z V) .8 -V, w- ..C5 wz X00 xo� z o g w w Z x W w M, ZgWmo w .,zl-- om M� C4 0 i �(n z Mo TP�Mwm LyOq z w WIOZX - �< o< W, > 5;cr EXHIBIT B EXHIBIT C 0 � cn G-) 0 : N 1"' > 01 NJ - -r 01!-n CA Un J> NO > "i 0 0 Q0 0) 'i M -P- ..0JOAN > PI Z E Cc F Z F4 m z > -0 % z a > > Z Z A mm z > z > F M> mm z mm M. cj� > OZ z > > > mm n 0 z 8 M 0 pA aF M M, cj� (D I z A ma I Z > lz:Ez cf) > 10 00 m 0 > 0, 0 , M Tj FrI 2 zm ,z 0 0-1 7j Y M, 1. m c ---I T-- M z z z I oil ii M> Z� mm R *0 > — > >m , M> m A M. mn cm II D. z m II II Ul >* T-- LGL 3.CL,LOAS .L9 TXDOT DRAINAGE R.ONV. VVIDTH VARIES SITE PLAN BASS d, WELSH ENaoNEERNa CONSU"NG ENGINEERS MO S—RS i 09 N.: 11G9G O111IN 11 11 Jr N.1 THOMAS PETROLEUM 3— SOU. —.MA — 1-4 _ OX 6397 78466-7 ,C.. (36;) 881 -55]1 QSM" SUP—O a CO.I..— �CPHONE. (" .-12. ENGINEERING 'RN RECI N�'W.21'2�. STATE HIGHWAY 44 SUR—N. R. R.I=. CORPUS CHRISTi, I-EXAS EXHIBIT C APPENDIX 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 Fagusgrandifolia 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 Helianthus 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 Zi 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 Cherry Corn NX 12: %ttractive to Wildlife 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 7estern 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 ra cotoneaster C.'hon ontaks 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 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 ATTEST: Armando Chapa City Secretary day of , 20 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 0 U a: u x C6 OMD u u Ns ROB. i =v IL 77 Yl 3.21 LO. LS U� OD OD LU 3WI jovaL�M WNW 34L 34L JO NKVOOl 8 0 C14 < -U) 00 Z: > 4- C, 00 Ol bj -8 S 0 EP u 10 L) 0 6Z'$•ZL M.9i,,LQLN 0 i 0i a z V.- ..j Z 0 -Z 0 N tr dVOU -(3OOM)48i--10 0 1 ~ wqO 9,:-, z -D to MPH-, 0 �o W5 am 02 > W}00 000 nbn wz w 0 9-wh!989 .0 "M mmoo- xn 0� a. z V) .8 -V, w- ..C5 wz X00 xo� z o g w w Z x W w M, ZgWmo w .,zl-- om M� C4 0 i �(n z Mo TP�Mwm LyOq z w WIOZX - �< o< W, > 5;cr EXHIBIT B 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 ITTAWTIHIE91:4 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 111-719 IN 0.11FRIAWNSIVAS1121 11,71 1W 04 AUS" IYANIN3191 RISEN= 11111 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 10-1 0r r 9 ron - 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 David Loeb At Large Lillian Riojas At Large Mark Scott At Large 1V CITY OF CORPUS CHRISTI CITY COUNCIL 2013 Mayor Nelda Martinez Kelley Allen Chad Magill District 2 Priscilla Leal District 3 Ron Olson City Manager Colleen McIntyre Rudy Garza Jr. District 5 CITY OF CORPUS CHRISTI PLANNING COMMISSION 2013 Govind Nadkarni Chairman Fred Braselton Gabriel Guerra Chris Hamilton 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: 2 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 Black a l American Indian alone Asian or Pacific alone #i Hispanic (any race) ® , . .:� Two or More Races a 24 years or younger .... .s 9th - 12th Grade (no, diploma) High School Graduaw Some College, (no degre,e) a B,a Masters or PHD '. Owner Occupie,d �.. Renter Occupic,d Average Housefiold Income Median Household 11 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: jj 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 Expressway (see examples below). 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. 10 POLICY 1.1 The City Council adopts Figures 4 & 5 "Central Business rban Design Improvement & Urban Living Maps" as the guide for future rban 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 � :N - ♦ 3 - -. tl _ . --'. .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: jj 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. 21 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. ZI Establish a street bench dedication program providing street benches throughout the Central Business area utilizina the talents of local artists. I T OBJECTIVE 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. POLICY .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. POLICY m 1 e Stratecries. 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 se and oning 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. pdate the City's nified 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 OBJECTIVE 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 Measurable 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 • OBJECTIVE 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 Measurable 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. Traffic volumes are as follows for the listed right -of -ways: FRWMSI���== TrafficVolumes Expressway ° 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 Mar)" as the auide 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 rban Transportation Plan. 18 Figure 6. Central Business Multi -modal Transportation Map (click map for interactive lavers) 19 POLICY 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. POLICY 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 Measut Strategies. Priority shall be given to the following 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 Measurable r i , Priority shall be given to the following marina projects in the following order within the Central Business area boundaries: jj 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 OBJECTIVE 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. POLICY 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. POLICY C1 1.3 Measurable 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. The Central Business Development Plan Planning Committee members shall meet on a predetermined regular basis to plan for and promote the implementation of the Objectives, Policies, and Measurable Strategies of this plan. x W. 1 a I rim 'i 11 1, Ji IH " it Ml it nil! FOE "rm HPI In A oil W its P H wl I i let. W? "At rz its P 11 c IV elf, SS W Ion 1"I HI I WN to et; I AU I M1 - 19 a Is , ;44x All ffll 11 z. 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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. CALL TO ORDER 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 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 professional 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. Saldaria 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) rr 401 own UY 3:55 Y , ��� � , Y�� "^��� J rr sh, ier `d" `� � ry ti} -" i �3 t •� � i .� Ha- .,•=+- o c. r ✓ S ,` aW. CAN low ,�� e r f Q 0v UP �"tt'.�.�� NJ!eF` ;'/i q'.-., .Gy��- r f '•�. F�' "'4j .�1' ry S£�� 5 'G' _ � g J �.� �"` Y C �* 'e t� t {F pt r °ice n�' - 1 w 'Y �� i � jai,, � S I ! 1 � ""'r � �.. d t � k s• � - � � d E ''S'Rr1,, + '±q'K�- � � N � �I 4 ar *mot r�� - �. �� l t 7 � �� � -' �' k� r✓`i '� � jss i4 �i g{ } n v o bLY- s R'» qy- ' wY r ; [ A 11 V�a ^, �G # � �, � �7 1 _� i 1• � d� i @tl;1S�,� gay, �" p, szf Al rk It w - ?�w.V fir_ El, �,p'vi opE •a r a Cyr 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. ov'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 of 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 ). eotechnical 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 r..... t t OZ -6 i -L O -*31VG (8002 3nSS/ ONOS) RAM — 6 do t '39 V GUS 01 X00218ANNnS Z 3SdHd 7 S31A�31 '1 r d -41AO SbX LS18HO S doo -4o Alm 39VN/VdG 311S-9d0 HO11O 213NM 1H8 HIM 1101H)3 71ONn00 it113 )IOODUANNns 013N21OH t 3SdHd `01/021 ZAHOISOH 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- Feb -13 Name of Project_ Kostoryz Road Improvements, Phase I front I lorne to Sunnybrook Road with Brawner Off-Site Drainage 1"ou (QLIqu colin-actol': Texas Sterling, Constft]CtiOtl CO. CHANGE Phase I :kdd the following to the contract: See Attached Phase 2 Add the following to the contract: Sce Attached M $121,238.17 .- S386,839.46 r TOTAL ADD $508,077.63 A, A4, A Lo %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 1,033 7,623.17 C. NEW CONTRACT PRICE SI 1,281,922.67 D. TIHS CHANGE ORDER S508,077.63 Pro jq:Lanager E. PERCENTTOTAL CHANGE (B/A) lo.1 1,�i, G. PREVIOUS TI Nl E A Ul"HORIZED ADDN'I, CONTRACT TIME TIJIS CHANGE ORDER -395 C.D. 0 C.D. H. TOTAL ADDITIONAL TIME -395 C.D. CITY OF' CORPUS CHRIS]"l, TEXAS By: — Director of Lngince,1111,14 Services ,M)PROVED: Operating Dept (Street) Operating Dept (Stormwater) Opel•,-Iting Dept (Wastewater) Operating Dept (Water) Dir. of Management & Budget Legal Department CONTRACTOR By: Title: Zi •. 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 12,1205 F @ $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 2I3 * 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 TOTAL PHASE 1: $121,238.17 1,46 ITOTAL PHASE 2: $386 ,h� 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 M B-61 VIVDS Composite Cable (Coaxial Con-m-Lunicabon & 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 Following Quantities to the Bid Items D-4 Pipe Bursting of Wastewater Line (8" HDPE Pipe) 22 LF @ $40.00 per LF $880.00 01011 PAGE 2 ADD 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 DEDUCT 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 SPID/Kostoryz (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 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 DEDUCT 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 minimum 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 SE' E R - WATER 20810 FERNBUSH i HOUSTON, TEXAS 77073 • (281) 821-9091 - FAX (281) 821-2995 /1 n Equal Opporfu.nit v Emplqyer r 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 $13,448.33 Project Manager Texas Sterling Construction, Co. PAVING - BRIDGES - LIGHT RAIL -SEWER - WATER 20810 FERNBUS11 • 141 1.1 STON, TEXAS 77073 • (281) 821-9091, FAX (281) 821-2995 An Equal 019porlunity Empk er. D m mC 0000 C U3 O All 8 m O z�a V 1 m N N VI 0 IA � �Wp , titpp p�p OD O 1 Ur a 0060 � y o c � m M d1 W 4/ /pN/AM 41fA4g1 1 1 w ��g N� U3 A 'z o ' T� c a W z N 41 N N m m � 0 C goN n -i O qT� A O� N Iw G C 1 61 N D r m� m s r CA 1 C 1 1 C to n sP in A;1 O �? 0 c QQ V r N A h T .T m N� 0 s w « � UJ > ui w Ix 2 » U & Q kk q 2$ C4 S S 8 q 8 80 7 a ®` k j \ 2 � ®e ( R k C4�ƒ k\ a a e B© m S 00 a »§ a � k 0 m 8 R 8 8 80 8 m _ § §§ 2 m# m v§/ a � f o k 0 0 k 2 k k k k 2 a■ w>> ?� 2 2 k v v k E)$ k§ 5§ } - - E |� w { , . o w w 0 § 0 § § d 2 < a 0 j \ j 0 � z W 0 cc LU cc z k a ; O § k m� z z§ U- 2 / 5 \ § § % 0 ~ § k r 2 @ N k_ G § N k $ k k \ k § a a a a§ a o I § w § w n w $ w A Q 2 2 § § w> > $ < a q $ tu Z g L $ o m � < ■ > < o 0 m z j 0 o . LU x U- § � f§ m a § % A 3 a i um, k z 9§§ I w LU > < < < a > > > / � c > § g 8 ° \ rq § § § * ) g ) « 7 m _ m f / 2 - m n�r to w< m Rental Rate Blue Book - Air Compressors - Pot-table Rotai-y. SL: o\ Air Compi-cssoi-s - rvii,,, Pal-,c I (W I Oitir—Rotary --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 Eltiment Percoutaga val"(1 (avvnprrnip 2 r V, $191 101 mo Overfilkil (cValelshipj C,3ne. $463 a5 " mo Cl-"(,' (mvllefshipi 4 $2U 40 mo Jndirec. {ovmer5h p) tsl 45 mu) Foot toperatmq) + 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,,i,Lr Morlo Diesel Cab Type Crew Axle Configur-ahoo 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,rhaifl I ' own,-,�'Slllp) 2 V, 53 '3V mr,, CFC 647 Or) !x',o lnmr,ry (ov�uership) S14 00 'no Fuel Xql Nlflnqp Iqr I 1 a1 "7 po(v ";no l lalf 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 Hez�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 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. 319+33.6, The 16" butterfly valves were submitted and approved on March 21, 2011 . 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,-I'EXAS77073-(281)821-9091 -FAX (281)821-'A)95 An Opportunity Empt0j'er. 1� J m J V {O ti N a� O U ° >O>� V N oC A = 1,, a a O QUC YW LU �d w aW IL ui 3 f a 8 9 cli Of Of en�cew wwwon eww /a w 0 cools a r � a a In m m r ti $ zw a� ' & m U U O OUa w I m 0 > E En g� °w13i a o 8 o� 0 a W� 0. a LL r 0 N 9 $ 16 UP z� �w t z � n Z {Uy QQ ap 3 f a 8 9 cli Of Of en�cew wwwon eww /a w 0 cools a r � a a In m m r ti $ zw a� ' & m U U O OUa w I m 0 > 0 0000 g� °w13i a o 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 $11,933.00 0 r Wdsv erx i gq �§j'� 09 +8 �pyy jay j 174s�'LL VI Y I� A /S !k 0 r Wdsv i gq �§j'� 09 +8 �pyy jay j 174s�'LL VI Wo- Ma- TEXAS STERLING CONSTRUCTION CO. January 24, 2013 Bryan Conner, P.E. Staff Engineer CH2M Hill 555 N. Carancahua Tower it Ste, 310 Corpus Christi, Texas 78401 Re: Change Order 12x8 Tee Phase City Project No. 6489 + +6 E^�� Currently there is no 12x8 tee pay item for Phase 1. A 12x8 tee was required al A 'Aw 1A If you have any questions or need further assistance please call me at (225)247-5653. Project Manager Texas Sterling Construction, Co. cc: Zacts Jasso, Manuel Hernandez Kira &Iual Qppo•fuod y Anipiqyer Connef, Bryan/CRP Bryan, Please see the attached Change Order for the TS&V's located on Kostoryz Rd. It you have any questions after review please give me a call. Texag Sterling Construction co Jonathan Gillis Ho-us-L-o-n-TY.1-N-73 Wk 2-61.0 -9 f"ix: TEXAS STERLING CONSTRUCTION CO. 9��$ 1 Bryan Conner Staff Engineer CH2M Hill 212 &C .0 ramAwag= 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' it ,EN V)"RIPIM ASSUM*S COUIVId SPECIPfCATION5 Soxvice Guarantea., mickle Siervica w 1 Lie prosen to Joetall tith d. pr pri p o d V Le mo�erials within 4811ts or retItlest statrid dead t4mv of !;Ieavo/valve) , ox will provide Jot prico cree-jit, 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 $25,900 LIPt-R4K, (A) Fervk.o, may Ler-rd,natp the at anVti-me, in J)ArLicutar if crew duc�ii noL balieve thou the tali can bo made Without rinking dantage 1:0 W41.ar eto, or if conditionat .,ire unsafo to perform work trice chartjes appiv in thl'i C.,mc). (fi) Ilickie. Service toiLl u4o Appropriditoly trained urt-wn and wail rmintainod equipmont; howovor, we cannot qmtront(re covpon relrieval or Char damage to the existing water main, will not wcur during 5tandard tapping procedores, Cm,,Lojfti' i's r faatirli i.t For providing micitie Service Witt) tyllo of material auld Ai .!O, of pipe to be tapped, olong wiLb of t4ji. (D) Cuntomer to provide all equirment /labor rroceanAry to qet in/orvt/poni tioned JW excavation (W mickip Service its not re'sponalble it WI(Ov line 1e1 n0( active, or Wrong tLike is topped, Or tap pouition does not iflect apocifirationn 0,tc, M CuitLomor, fit ceqpou%lble for providing Miokio Rervice with accurAie spcici ric�,Jtiofv information ro, (),',) rd i tiq 4100ve arld Sleeve: ?Aj, 3 , Upoxy4S400l al)d VdIve.- open righL/open to (G i WoLl. to be partormer! at mutually aqr,toable tims [it) coot and ra3pon*ibilitiea do not IncludIft: -i . F'oq'i "eri 11c) L+. ConLro] c;, Thrust blocking, Valve !RackM boK, Linc, r:Ie-tn d. Flackfill, roirfaco, reestaartiirars Q. Any pormLL9 or fees f. whodulinq 1nvpcctjQn AMIT,rANCE OF PROPOSAL - 'she .,a)ove pricei, si,-jecirii,-ation5 ind cdftdiLiori* arc, You are do th#r" 'Aork a,�, paymutIL iat4s6actory and are hereby acrepte, ,oil) be made as 0"Iti abo Signature:_ m PO o ', ' TEXAS 77266 (713) 02.7464 PH (088) 832-040 FAX Aff, 9, Wait.,nq time and/or trafilitig, SdfOLY, 01 ULhrur lclanddU.IrY Crt'w t'eIrjUir0$fiVnt-s ACCEP*fAN(,'E {j[® 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-9 AUD AccFpjED tjlboV SUCC-FSSFIR, TAP. IVATFR NAZN 00 UAS NOT FIREI-i VERIF'IRD, ASSUMBS COH/Brd SPEC-IfUCATIONS 8*Xv,L00,QujW4ntQQ: tkjjckjrj ,;pr-vjco toill, 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,LnIZ 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 anytime, in particular il, crew does Rut briLievo 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 easel. IRE Mickle Service will use appropriately trained crewn and wot maintained equipment; however, we cannot gludranLOO COUPOn re4.elOV01 or that dairkage Lo the exiltinij Watur mairl will not onvUr during standard trapping 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 got 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 rightlopen ieft ME Work to be performed at mutually agreeable hews 00 Cant And responaLbilities do not WuJudol " Crigineuring W RxcavatLon/Bho ring /Tract tic Contra] f" Thrust blocking, Valve BtaukfA box, line tie-it, 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,,o 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 ; � § k § E§ ¥ 25 §q kk § (2�! RH B § e � § ? p� 2 2 §■ u§ § § §■ � � B - -® i | | | � °BBR ■q@e � �� § § §2 )Q ■p k �k Wso co f §f§ 2 § § / K e gage ■ °BRS k§2§ ( $ 2 2 � 2 §K§ % Iƒ§ \ §§ §§ R22k § � § § S R § § � � § § S R § § � I I I I rz OL cli Q Q Co IQ Q (D LO Q to VQ w a) z w (D us vi 0 U� wonNoot—t N l- z 0 § LU ul o o C3 w o o w uj w o ca m LL -1 LL � 5 5 o -j 0 �4 N Ce CL F- 0 0. 0 z z LLJ M 0 CL 0 LU a w w 0 < 0 0 -T 3Z z w w w LU L w fif r, z to 0 w 0 tL 0 C3 w C� Of 14 N Z w < W LOL tit w w a. > > > z w z z 0 < < 0 L < LU W 0 > 6 uj w 0 0 z 7- UJ u1i w uj w W IX Ww < 6 5 , < z (T cuc, 0 w --, fL m > m > w > C) Ul > V- invoice Number: 1446671, invoice Date: 10/31/12 i)age: I Terms of Sale: NET 30 DAYS custowei, Number: 6184453 Tax code: TX—INCITA TEXAS STERLTNG CONSTRUCTION 0`1 "GULF COAST STABILIZED MILS ACCT' 20810 FERNBUSI-I HOUSTON, U 77073 Address Fum 15620 Collections Center- DHvL Chicago, IL 60693 Tax ID: 76-0505948 Job Name Sales Of; 10 33MOSTORY-1/13RAWWR M643 Plant Gcsm 21 nomo Thl, InvalOO W W413d to the turill -jet forth in the 0 tnfit AppTl c;aficml ilrOf1j; Gul kil M I ta rm% and C' and kruo, at Safe, W, Way as WtY adeflowif toms s and "Tirlikins mllame(j in ilia Ountation or O;dur AcknoWedgemoit Any addikunal or ditfuleril teen pfjpo,ed by BuyLf are hereby deLROnj lo bwl a ;tftcrab(jrj aittl .err, ni1reby rbjecied to Ml/li Rental Rate Blue Book- Wheel Tractors - Tractor- Loader- BacIrrhoes - Caterpillar - 416 SERIES 11 (disc. 1992) 1wrAW 5 Welcvim,!, BUY ov" Rental Rate Blue Book rvvdwl�, i Size Class: 1p' to Under 15' 14' to Under 15' Wieght 14,020 lies. NPIP, 111 1. 7 W, . rvbdel Year I IN%) Ow nersho (100%) 51,004.67 $506.73 $128.90 rot details, see Raw Poroml Alacaton Default settings 37RMIZIMIMMUM Regm Texas F-11, Cufu3dTaii Pegron5 AfaNkan RegkAit War Defined ()WIlelull,P 100,0 % Operating % Boment Percentage W-leecrition (awilership) 38% Overhaul (ow nwshtp) 44% CFC low nersho)l 7% Irld,red (reef nership) 11% Fuel (cwwlrig) @ 5413 S4% Revked Date Nd lblf 2012 04:1�1 Q0 4WO Extemudabie EROPS MEMEMMI Estimated Operating Costs FHWA Rate- Hourly Hourly 517py1 $2E1.58 AM rall"!r1al Copyrigm tic, All Pqhis,w i�wvod 6 �Ij. I I Ib $17 MIM ST71 AO 1 rro $893,20 t wo $14110 1 mo $223L30 i wo $9.141 hr [-rWhj min n1l"n rin,7nri-w-li e,f=141101 An.,rtPrjnnAd= MrAp.n nrk-Mpp.l + TrAr-.1rirs&qubTU:ieId= 31 &subTwe=Tractcr- Loader- BaMioes&rnanufactur... 1/1 hiventory AdJUSMICIIIS Adjustments for 1-1/2 TON CREW PICKUP in KOVID JLJdalel Rental Rate Blue Book I Custom Cost Evaluator Ownership Costs Monthly Weekly Daily Hourly Pub fished Rates' $04000 $265.1io $66M $1000 Adjustments Region (Texas: 91 4%) -$80 a4 42270 •$5 6H -$0.86 MOO Year (100%) Ownership (100%) Qp�jpjlq { I q()%), Total: iswfti 5242.21 �60-,32 a 99 Rate Element Allocation Element popre-daflun (ovocefsh6p) ,Overhaul (ownership) �CFG (ownersto) Fuel iopetalinq) C $4 11 Rovised Date: 2vd Half 2011 All material herew Copyright Q 2003-2012 Penton Media, Inc Alt Rtghts reserved Email custcjt-nersprvice@eqtjlpir.eniwatch.coni 5203a Page I of' I Jan 27. 2012 Cab Type: Grow Ton Rating: I printable report Estimated Operating Costs FHWA Rate— Hourly Hourly $20 85 $26 W 10% $94 001 mu Percentage Value 58% $545 201 mu 27% $253 801 mo 5% $47 00 o mo 10% $94 001 mu 80 $ tiS 77; fir littp:lleqLliptilellt%,VLItCll.COIIIII"leetl liowl-)efiiie(lEcltiil,iiiieiit.cio'?ite(iil(1=527691&, 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 to AGENDA MEMORANDUM Public Hearing and Future Item for the City Council Meeting of May 28, 2013 Resolution Action Item for the City Council Meeting of June 11, 2013 DATE: May 21, 2013 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floods cctexas.com 361- 886 -2603 Public Hearing for and Resolution approving the FY 2013/2014 budget for the Corpus Christi Crime Control and Prevention District. CAPTION: Public Hearing for and resolution approving the FY 2013/2014 budget for the Corpus Christi Crime Control and Prevention District. GROUND AND FINDINGS: Provisions of the Local Government Code section 363.205 require that the governing body of the political subdivision that created the Crime Control and Prevention District shall hold a public hearing on the proposed annual budget to receive public comment and approve or reject the budget submitted by the Board of Directors of the Corpus Christi Crime Control and Prevention District. On November 4, 1997, the voters established the Crime Control and Prevention District for 5 years beginning April 1, 1998. The voters renewed the District on November 6, 2002 for five years, and again on April 14, 2007 for ten years. This continues the 1 /8t" -cent sales tax to fund the District and provide additional funds to enhance law enforcement efforts in the City of Corpus Christi. The Crime Control and Prevention District held a public hearing on April 17, 2013 and the Board adopted the budget on the same day. The City Council now must hold a public hearing in accordance with notice and all other procedures required by law. The budget must now be submitted to the City Council for approval. The resolution approving the FY 2013/2014 budget for the Corpus Christi Crime Control and Prevention District will be scheduled for action on June 11, 2013. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies EMERGENCY /NON- EMERGENCY: Non - Emergency DEPARTMENTALCLEARANCES: Finance FINANCIAL IMPACT: Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $6,432,262 $6,432,262 BALANCE $6,432,262 $6,432,262 Fund(s): 9010 — Crime Control and Prevention District fund Comments: Revenues of $7,401,891 are budgeted to support the expenditures. RECOMMENDATION: Staff recommends approving the budget LIST OF SUPPORTING DOCUMENTS: Budget adopted by the Crime Control and Prevention District Board of Directors Resolution Approving the Crime Control and Prevention District Budget Presentation tf 0 ........... u It Owosso r� 0 a� a� Loot 0 u w E 4-; a� Ion% %aw'l mo a� 0 0 0 Ol 4) IOJ will,;O, tf 0 ........... u It Owosso r� 0 a� a� Loot 0 u w E 4-; a� Ion% %aw'l mo a� 0 0 0 4) tf 0 ........... u It Owosso r� 0 a� a� Loot 0 u w E 4-; a� Ion% %aw'l mo a� 0 0 0 IF- -Iqm 0 a� a� 0 (1) 4) IF- -Iqm 0 a� a� 0 (1) Resolution Approving the FY 2013 -2014 budget for the Corpus Christi Crime Control and Prevention District BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS SECTION 1. The fiscal year 2013 -2014 budget for the Corpus Christi Crime Control and Prevention District is approved. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary 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 City of Corpus Christi Crime Control & Prevention District FY- 201112012 Actual Year End Numbers FY- 201212013 Year End Estimates FY- 201312014 Proposed Budget CRIME CONTROL & PREVENTION DISTRICT TABLE OF CONTENTS FY- 201312014 Page Program Org. No. No. 1 Financial Statement - 2 Police Officer Costs 11711 3 Police Officer Trainee Intern 11712 4 Pawn Shop Detail 11713 5 Public Safety Vehicles & Equipment 11717 6 Police Academy Costs 11718 7 Graffiti Eradication Program 11719 8 Juvenile Assessment Center 49002 9 Citizens Advisory Councils 49008 10 Juvenile City Marshals 49010 11 Reserve Appropriation 80080 Crime Control & Prevention District FY- 2011/2012 Actual Revenues & Expenditures FY- 2012/2013 Year End Revenue & Expenditure Estimates FY- 2013/2014 Proposed Budget Beginning Balance 1,977,677 2,790,674 2,790,674 3,877,035 Revenues Sales Tax 6,113,146 6,413,836 7,035,039 7,386,791 Interest on Investments Actuals Amended Estimated Proposed - - 2011/2012 I 2012/2013 I 2012/2013 1 2013/2014 Beginning Balance 1,977,677 2,790,674 2,790,674 3,877,035 Revenues Sales Tax 6,113,146 6,413,836 7,035,039 7,386,791 Interest on Investments 1,972 4,622 2,100 2,100 Net Inc. /Dec. in FV of Investm - - - - Interest Earned - Interfund - - 101 - Interdepartmental Services - - 699 - Recovery of Prior Yr. Expenses - - - - Transfer from Group Health Fd. - - - - Transfer From Gen. Liability Fd. - - 57,133 - Transfer From Workman's Comp - - 50,806 - Juvenile Drug Testing 11,206 16,550 13,000 13,000 Total Current Revenues 6,126,324 6,435,008 7,158,877 7,401,891 Total Funds Available 8,104,001 9,225,683 9,949,552 11,278,926 Expenditures Police Officer Costs 4,404,888 4,681,478 4,623,002 4,797,856 Police Officer Trainee Intern - 210,000 210,000 252,903 Pawn Shop Detail 137,388 157,661 124,876 163,262 Public Safety Veh. & Equip. 134,369 256,327 256,327 230,000 Police Academy Costs - 145,000 145,000 145,905 Graffiti Eradication Program 47,647 - - - Juvenile Assessment Center 375,797 424,905 416,322 431,800 Citizens Advisory Council 21,500 16,462 20,742 133,028 Juvenile City Marshals 191,739 199,650 202,642 202,507 Reserve Appropriation - 73,606 73,606 75,000 Total Expenditures 5,313,327 6,165,088 6,072,517 6,432,262 Ending Balance 2,790,674 3,060,595 3,877,035 4,846,664 Surplus /(Deficit) 812,997 269,921 1,086,360 969,629 1 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT POLICE OFFICER COSTS -11711 EXPENDITURE BUDGET Account Description Actuals I Amended I Estimated Proposed 1 Overtime 2011/2012 2012/2013 2012/2013 2013/2014 Salaries and Wages 2,532,688 2,636,849 2,619,731 2,705,505 Overtime 243,023 235,000 256,768 275,000 Other Pay 170,655 210,000 200,413 275,000 Retirement 652,087 691,875 688,337 730,861 Group insurance benefits 363,627 362,028 362,028 380,130 Other employee benefits 11,194 9,660 9,660 9,660 Chemical /household supplies - 500 500 500 Clothing 35,185 50,000 50,000 60,000 Fuel & lubricants 99,646 200,000 150,000 175,000 Food and food supplies 525 250 250 300 Minor tools & equipment 108,663 102,400 102,400 10,000 Minor office equipment - - - - Office supplies 790 1,000 1,000 1,000 Maintenance & repairs - 200 200 200 Hydrants parts & supplies - - - - Pipe, fittings, drainage - - - - Professional services 1,696 1,055 1,055 1,200 Vehicle repairs 46 300 300 300 Postage & express charges 165 - - - Telephone /telegraph service 12,285 14,000 14,000 15,000 Demolition /clean up service - - - - Equipment maintenance - 1,000 1,000 1,000 Memberships, licenses & dues 55 - - - Health Insurance Exp. -P.O. - - - - Police Supplemental Insurance 6,000 6,000 6,000 6,000 Police Vision Insurance 3,855 4,200 4,200 4,200 Sworn Empl - Dental 20,618 27,000 27,000 27,000 Self Insurance Allocation 142,085 128,160 128,160 120,000 Totals 4,404,888 4,681,478 4,623,002 4,797,856 FTES: FY- 2011/2012 -50 Police Officers FY- 2012/2013 -50 Police Officers FY- 2013/2014 -50 Police Officers 2 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT POLICE OFFICER TRAINEE INTERN -11712 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Proposed 2011/2012 I 2012/2013 I 2012/2013 2013/2014 Salaries & Wages - 171,500 171,500 206,536 Retirement - 38,500 38,500 46,367 Totals - 210,000 210,000 252,903 FY- 2012/2013 -funds appror. on 09/19/12 for hiring of 6 Police Officer Trainee Interns FY- 2013/2014 -10 Police Officer Trainee Interns 3 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT PAWN SHOP DETAIL -11713 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Proposed Overtime 2011/2012 I 2012/2013 I 2012/2013 1 2013/2014 Salaries and Wages 80,107 96,466 68,702 98,138 Overtime 3,484 1,500 3,457 4,000 Other Pay 478 2,000 2,000 3,000 Retirement 18,090 22,442 16,413 23,604 Group insurance benefits 18,431 19,836 19,836 20,828 Other employee benefits 898 780 780 780 Minor tools & equipment - 100 100 100 Minor office equipment - 400 400 400 Office Supplies 2,807 1,800 1,800 1,800 Non - Capital Lease Payments 1,742 2,100 1,153 988 Self Insurance Allocation 11,352 10,236 10,236 9,624 Totals 137,388 157,661 124,876 163,262 FTES: FY- 2011/2012 -4 ftes FY- 2012/2013 -4 ftes FY- 2013/2014 -4 ftes 0 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT PUBLIC SAFETY VEHICLES -11717 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Proposed 2011/2012 I 2012/2013 I 2012/2013 1 2013/2014 Minor Tools & Equipment Vehicles & Machinery Other Equipment - 3,200 3,200 - 130,838 225,000 225,000 200,000 3,531 28,127 28,127 30,000 Totals 134,369 256,327 256,327 230,000 FY- 2011/2012 -5 replacement vehicles FY- 2012/2013 -5 replacement vehicles FY- 2012/2013 -funds approp. on 10/17/12 for purchase of 3 police motorcycles FY- 2013/2014 -5 replacement vehicles /2 police motorcycles 5 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT POLICE ACADEMY COSTS -11718 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Proposed 2011/2012 I 2012/2013 I 2012/2013 1 2013/2014 Salaries & Wages - 118,415 118,415 119,155 Retirement - 26,585 26,585 26,750 Totals - 145,000 145,000 145,905 FY- 2012/2013 -funds approved on 09/19/12 to hire 5 additional Police Officer Trainees FY- 2013/2014 -5 Police Officer Trainees A CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT GRAFFITI ERADICATION PROGRAM -11719 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Proposed 3,992 - - - 2011/2012 I 2012/2013 I 2012/2013 1 2013/2014 Salaries and Wages 20,216 - - - Overtime 245 - - - Retirement 3,992 - - - Group insurance benefits 10,812 - - - Other employee benefits 449 - - - Chemical /household supplies 156 - - - Fuel & lubricants - - - - Books and Periodicals 90 - - - Minor tools & equipment 255 - - - Minor office equipment 40 - - - Office Supplies 3,692 - - - Professional services - - - - Rentals 1,846 - - - Non- Capital Lease Payments 152 - - - Telephone /telegraph service - - - - Self Insurance Allocation 5,702 - - - Totals 47,647 - - - FTES: FY- 2011/2012 -1 fte- deleted Graffiti Coordinator FY- 2012 - 2013 -0 fte- program no longer funded by Crime Control 7 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT JUVENILE ASSESSMENT CENTER -49002 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Proposed Overtime 2011/2012 I 2012/2013 I 2012/2013 1 2013/2014 Salaries and Wages 201,814 225,234 212,064 222,717 Overtime 22 500 500 500 Other Pay 1,046 2,500 2,500 2,500 Retirement 43,565 51,239 47,885 50,673 Group insurance benefits 15,875 22,140 22,140 23,247 Other employee benefits 1,478 1,296 1,296 1,296 Chemical /household supplies 86 - - - Clothing 370 - - - Books & periodicals 1,302 1,000 2,000 10,000 Food & food supplies 562 500 1,200 4,700 Minor tools & equipment (31) 400 400 400 Minor office equipment 4,151 500 700 500 Office Supplies 3,812 3,800 3,800 5,200 Maintenance & repairs - 300 300 300 Recreational supplies /equip. 110 - - - Professional services 13,598 16,550 13,000 14,500 Personal computer repairs - 250 - - Temporary services 1,956 - 10,552 - Postage & express charges 117 300 150 150 Rentals 53,544 65,000 65,000 65,000 Mileage reimbursement 40 4,000 1,500 2,000 Non - Capital Lease Payments 3,047 2,800 2,294 2,300 Telephone /telegraph service 4,510 3,500 4,500 4,500 Building maint & service 4,125 400 800 400 Training - General 515 1,500 1,600 1,500 Printing advertising & PR - 500 800 500 Printing outside print shops 307 200 375 300 Membership & dues 200 300 300 300 Travel 945 3,300 3,300 2,500 Miscellaneous charges - - 470 - Self Insurance Allocation 18,731 16,896 16,896 15,816 Totals 375,797 424,905 416,322 431,800 FTES: FY- 2011/2012 -6.6 ftes FY- 2012/2013 -6.6 ftes FY- 2013/2014 -6.6 ftes CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT CITIZENS ADVISORY COUNCIL -49008 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Proposed Overtime 2011/2012 I 2012/2013 I 2012/2013 1 2013/2014 Salaries & Wages - - - 78,689 Overtime - - - 2,000 Other Pay - - - 1,000 Retirement - - - 18,339 Minor Office Equipment - - - 2,000 Office Supplies - - - 2,000 Maintenance & Repairs - 3,500 3,500 3,500 Professional services 10,000 - - - Postage & express charges - - - 300 Non - Capital Lease Payments 487 - 487 2,000 Telephone /telegraph service - - 600 2,200 Moving & Grounds Maintenance 620 - - - Printing advertising & PR - 11,962 15,155 16,000 Printing outside print shops 10,393 1,000 1,000 5,000 Totals 21,500 16,462 20,742 133,028 FTES: FY- 2013/2014 -3 ftes 9 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT JUVENILE CITY MARSHALS -49010 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Proposed Overtime 2011/2012 I 2012/2013 I 2012/2013 2013/2014 Salaries and Wages 118,551 124,300 127,245 124,300 Overtime 19,166 15,000 14,835 17,000 Other Pay - 2,500 2,500 2,500 Retirement 29,736 31,834 32,047 32,283 Group insurance benefits 15,099 17,748 17,748 18,636 Other employee benefits 673 588 588 588 Self Insurance Allocation 8,514 7,680 7,680 7,200 Totals 191,739 199,650 202,642 202,507 FTES: FY- 2011/2012 -3 ftes FY- 2012/2013 -3 ftes FY- 2013/2014 -3 ftes 10 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT RESERVE APPROPRIATION -80080 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Proposed 2011/2012 I 2012/2013 I 2012/2013 1 2013/2014 Reserve Appropriation - 73,606 73,606 75,000 Totals - 73,606 73,606 75,000 11 U� p AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of May 28, 2013 2852 Second Reading for the City Council Meeting of June 11, 2013 DATE: April 29, 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 to Single - Family Residential for Palm Land Investment, Inc. Property Address: 7564 Brooke Rd. CAPTION: Case No. 0413 -01 Palm Land Investment, Inc.: A change of zoning from the "FR" Farm Rural District, "RS -6" Single - Family 6 District, and "RS -10" Single - Family 10 District to the "RS -4.5" Single - Family 4.5 District, resulting in a change to the Future Land Use Plan from medium density residential to low density residential. The property is described as being a 60.54 -acre tract of land out of Lots 5A, 6A, 7A, 9, 10, and 11, Section 26, Flour Bluff and Encinal Farm and Garden Tracts, located east of Quail Creek Drive and at the east ends of Oso Parkway and Brooke Road. PURPOSE: The purpose of this item is to rezone the property to allow development of a single - family subdivision with a minimum lot size of 4,500 square. RECOMMENDATION: Planning Commission and Staff Recommendation (April 24, 2013): Approval of the change of zoning from the "FR" Farm Rural District, "RS -6" Single - Family 6 District, and "RS -10" Single - Family 10 District to the "RS -4.5" Single - Family 4.5 District. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting a rezoning to allow the construction of a single - family subdivision with a minimum lot size of 4,500 square. The proposed rezoning is an expansion of the "RS -4.5" Single - Family 4.5 District to the west. This rezoning is compatible with current zoning and development patterns in the area and would not negatively impact the surrounding neighborhood. ALTERNATIVES: 1. Approve an intermediate zoning district; 2. Approval of a special permit; or 3. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan. The proposed rezoning is not consistent with the planned medium density residential use on the eastern 38 acres of the subject property. 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 with Exhibits ZONING REPORT Case No.: 0413 -01 HTE No. 13- 10000010 Planning Commission Hearing Date: April 24, 2013 Applicant /Owner: Palm Land Investment, Inc. _ .o Representative: A.C. Frankson, Balusek - Frankson ma Legal Description /Location: Being a 60.54 -acre tract of land out of Lots 5A, 'Q 7- 6A, 7A, 9, 10, and 11, Section 26, Flour Bluff and Encinal Farm and Garden c otf o Tracts, located east of Quail Creek Drive and at the east ends of Oso Parkway and Brooke Road. From: "FR" Farm Rural District, "RS -6" Single - Family 6 District, and "RS -10" Single - Family 10 District 'o Cr To: "RS -4.5" Single - Family 4.5 District N Area: 60.54 acres Purpose of Request: To allow development of a single - family subdivision. Existing Zoning District Existing Land Use Future Land Use "FR" Farm Rural, Vacant & Low & Medium Site "RS -6" Single - Family 6, & "RS Conservation/ Density Residential c -10" Single-Family 10 Preservation "RS -6" Single - Family 6 & Conservation/ Conservation/ 'o ? North "FR" Farm Rural Preservation & Park Preservation & Park CSouth "FR" Farm Rural Drainage Corridor Drainage Corridor c n East "FR" Farm Rural Conservation/ Conservation/ Preservation Preservation w "FR" Farm Rural, West -TF" Two - Family & Low Density Low Density ""RS RS -4.5" Single - Family Residential Residential 4.5 Area Development Plan: The subject property is located in the Southside aArea Development Plan (ADP) and is planned for low density residential and c� C medium density residential uses. The proposed change of zoning to the ' "RS -4.5" Single - Family 4.5 District is not consistent with the planned medium a 6 density residential use on part of the property. Q Map No.: 041031 & 040031 Zoning Violations: None Transportation and Circulation: The subject property has access to Oso Parkway, which is a "P1" Parkway Collector street; Dove Hollow Road, which is a local residential street; and Brooke Road, which is a "Cl" Minor C CL Residential Collector street. The subject property will have one point of access y to the South Fork Subdivision. The developer will be responsible for c constructing the future section of Oso Parkway, which is located on the subject property. Case # 0413 -01 Palm Land Investment Page 2 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "FR" Farm Rural District, "RS -6" Single - Family 6 District, and "RS -10" Single - Family 10 District to the "RS -4.5" Single - Family 4.5 District in order to allow construction of a single - family subdivision. The developer is proposing lots approximately 5,800 square -feet in area to be constructed in five phases. Existing Land Uses & Zoning: North of the subject property is a park and vacant land zoned "RS -6" Single - Family 6 District and "FR" Farm Rural District. South and east of the subject property is vacant land zoned "FR" Farm Rural District. West of the subject property is the South Fork Unit 2 subdivision zoned "RS -4.5" Single - Family 4.5 District and "RS -TF" Two - Family District. AICUZ: The subject property is not located in a Navy Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject property is within the boundaries of the Southside ADP and is partially consistent with the adopted Future Land Use Plan, which slates the property for low density residential uses on the western 22.5 acres and medium density residential uses on the eastern 38 acres. Department Comments: • The proposed change of zoning is an expansion of the "RS -4.5" Single - Family 4.5 District to the west, which makes it compatible with current zoning patterns in the area. The development would not negatively impact the surrounding neighborhood. • The proposed development is partially consistent with the Future Land Use Plan. Although a medium density residential use is slated for the eastern portion of the property, Staff agrees that a low density residential use is appropriate for the land because a sufficient amount of multifamily zoning exists in the immediate vicinity and a multifamily use on the subject property would not have convenient access to an arterial -type street, which is a requirement of the Comprehensive Plan. • A 20 -foot wide vegetative buffer will be required along the edge of the Cayo del Oso. Urban Proposed Existing Traffic Street Transportation Plan Section Section Volume Type O Oso Pkwy. y "P1" Parkway 80' ROW 80' ROW Not Collector 40' paved 40' paved Available L Dove Hollow Local Residential 50' ROW 50' ROW Not Cn Rd. 28' paved 28' paved Available Brooke Rd. "Cl" Minor 60' ROW 50' ROW Not Residential Collector 40' paved 22' paved Available Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "FR" Farm Rural District, "RS -6" Single - Family 6 District, and "RS -10" Single - Family 10 District to the "RS -4.5" Single - Family 4.5 District in order to allow construction of a single - family subdivision. The developer is proposing lots approximately 5,800 square -feet in area to be constructed in five phases. Existing Land Uses & Zoning: North of the subject property is a park and vacant land zoned "RS -6" Single - Family 6 District and "FR" Farm Rural District. South and east of the subject property is vacant land zoned "FR" Farm Rural District. West of the subject property is the South Fork Unit 2 subdivision zoned "RS -4.5" Single - Family 4.5 District and "RS -TF" Two - Family District. AICUZ: The subject property is not located in a Navy Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject property is within the boundaries of the Southside ADP and is partially consistent with the adopted Future Land Use Plan, which slates the property for low density residential uses on the western 22.5 acres and medium density residential uses on the eastern 38 acres. Department Comments: • The proposed change of zoning is an expansion of the "RS -4.5" Single - Family 4.5 District to the west, which makes it compatible with current zoning patterns in the area. The development would not negatively impact the surrounding neighborhood. • The proposed development is partially consistent with the Future Land Use Plan. Although a medium density residential use is slated for the eastern portion of the property, Staff agrees that a low density residential use is appropriate for the land because a sufficient amount of multifamily zoning exists in the immediate vicinity and a multifamily use on the subject property would not have convenient access to an arterial -type street, which is a requirement of the Comprehensive Plan. • A 20 -foot wide vegetative buffer will be required along the edge of the Cayo del Oso. Case # 0413 -01 Palm Land Investment Page 3 Planning Commission and Staff Recommendation (April 24, 2013): Approval of the change of zoning from the "FR" Farm Rural District, "RS -10" Single - Family 10 District, and "RS -6" Single - Family 6 District to the "RS -4.5" Single - Family 4.5 District. Number of Notices Mailed — 69 within 200' notification area; c 4 outside notification area 0 As of April 29, 2013: In Favor — 0 (inside notification area); 0 (outside notification area) a 0 In Opposition — 2 (inside notification area); 0 (outside notification area) For 0.88% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) O N O A 7` b � 1 M b M n b M � I f2'S-6 60 48 11 400 ~80 Feet CASE: 0413 -01 2. SITE - EXISTING ZONING aSubject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table /� in opposition 5 7 P y� 54 1 153 59 RS-6 1 Date Created: Prepared By:, of Development y� 41,Q7e R'92ia �� O City of Coleus Christi /1 NV IIW: AHbA & VW1VtKJhI1V RM -1 Multifamily 1 IL Light Industrial RM -2 Multifamily 2 IH Heavy Industrial RM -3 Multifamily 3 PUD Planned Unit Dev. Overlay ON Professional Office RS -10 Single - Family 10 RM -AT Multifamily AT RS -6 Single- Family 6 CN -1 Neighborhood Commercial RS4.5 Single- Family4.5 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 RS -TH Townhouse CG -2 General Commercial SP Special Permit Cl Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial RMH Manufactured Home CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park aSubject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table /� in opposition 5 7 P y� 54 1 153 59 RS-6 1 Date Created: Prepared By:, of Development y� 41,Q7e R'92ia �� O City of Coleus Christi /1 Ordinance amending the Unified Development Code ( "UDC ") upon application by Palm Land Investment, Inc. ( "Owner "), by changing the UDC Zoning Map in reference to a 60.54 -acre tract of land out of Lots 5A, 6A, 7A, 9, 10, and 11, Section 26, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District, "RS -6" Single - Family 6 District, and "RS -10" Single - Family 10 District to the "RS -4.5" Single - Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Palm Land Investment, Inc. ( "Owner ") for an amendment to the City of Corpus Christi's Unified Development Code ( "UDC ") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, April 24, 2013, during a meeting of the Planning Commission, and on Tuesday, May 28, 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 Palm Land Investment, Inc. ( "Owner "), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on a 60.54 -acre tract of land out of Lots 5A, 6A, 7A, 9, 10, and 11, Section 26, Flour Bluff and Encinal Farm and Garden Tracts (the "Property "), located east of Quail Creek Drive and at the east ends of Oso Parkway and Brooke Road, from the "FR" Farm Rural District, "RS -6" Single - Family 6 District, and "RS -10" Single - Family 10 District to the "RS -4.5" Single - Family 4.5 District (Zoning Map Nos. 040031 & 041031), 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 (60.54 -acre tract of land out of Lots 5A, 6A, 7A, 9, 10, and 11, Section 26, Flour Bluff and Encinal Farm and Garden Tracts) 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 ATTEST: Armando Chapa City Secretary day of , 20 Nelda Martinez Mayor 0413 -01 Ordinance Palm Land Investment Page 2 of 2 FIELDNOTE DESCRIPTION FOR 60.54 ACRES OF LAND THE STATE OF TEXAS § COUNTY OF NUECES § BEING 60.54 acres of land situated in Lots 9, 10, 11, 5a, 6a & 7a, Section 26 of the Flour Bluff & Encinal Farm and Garden Tracts as recorded in Volume A, Pages 41 through 43 of the Map Records of Nueces County, Texas, said 60.54 acres of land conveyed to L & L Family Partnership Ltd. as follows: 0.126 portion by Carlyle B. Slabaugh, Jr. by Instrument No. 1998053978, 0.622 portion by C.B. Slabaugh et ux by Instrument No. 1998053979, 0.126 portion by Amanda Haas by Instrument No. 1998053980, 0.126 portion by Paul Taylor Slabaugh by Instrument No. 1998053981, all dated October 15, 1998 and recorded in the Official Records of Nueces County, Texas, said 60.54 acres of land being more fully described by metes and bound as follows: All bearings based on the Texas Plane Coordinate System, South Zone. BEGINNING at an existing iron rod in the west right -of -way line of the Extension of Oso Parkway (80' R.O.W.)(1.146 acres) as conveyed to the City of Corpus Christi, Texas by Eusebio Garza III, Substitute Trustee by deed dated August 30, 1995 and recorded as Document No. 976523 in the Official Records of Nueces County, Texas, said iron rod also being the most eastern corner of a 0.080 acre tract of land conveyed to Ronald A. Voss, Jr. et ux by C.B. Slabaugh et ux by deed dated July 3, 1996 and recorded as Document No. 1996026200 in the Official Records of Nueces County, Texas, said iron rod bears S. 31 ° 26' 19" E., a distance of 50.00 feet along the west right -of -way line of the said Oso Parkway Extension from the most eastern corner of Lot 82, Block 4 of the South Fork Subdivision Unit 2 as recorded in Volume 49, Pages 92 & 93 of the Map Records of Nueces County, Texas, said iron rod also being the most northern corner of the herein described tract; THENCE, S. 310 26' 19" E., a distance of 573.54 feet along the west right -of -way line of the said Oso Parkway Extension to an existing iron rod marking the southwest corner of the said Oso Parkway Extension, said iron rod also being a corner of the herein described tract; THENCE, N. 58° 34' 04" E., a distance of 80.00 feet along the south line of the said Oso Parkway Extension to a point marking the southeast end of the said Oso Parkway Extension and continuing a distance of 30.57 feet along the south end of Lot 1, Block 8, South Fork Subdivision Unit 2 for a total distance of 110.57 feet to a point at the intersection between the upland area and the upper margin of the sand flat area, said point also being a corner of the herein described tract; THENCE, S. 29° 27' 59" E., a distance of 394.81 feet along the toe of slope of the upland area, same being the northeast line of Lot 5a, Flour Bluff and Encinal Farm and Garden Tracts to a 5/8" iron rod set for a corner of the herein described tract; iO:A:ii:11r_I Fieldnote Description For 60.54 Acres Of Land Nueces County, Texas Page 2 THENCE, S. 68° 55' 21" E., a distance of 267.34 feet along the toe of slope of the upland area, same being the northeast line of the Flour Bluff and Encinal Farm and Garden Tracts to a 5/8" iron rod set in the common line of Lots 6a & 7a, Flour Bluff and Encinal Farm and Garden Tracts at the common corner of Lots 6a & 7a, Flour Bluff and Encinal Farm and Garden Tracts, same being the northeast corner of a 23.9 acre tract of land Quitclaim deeded to Nueces County by C.B. Slabaugh et ux by Quitclaim deed dated December 22, 1986 and recorded in Volume 2041, Pages 312 through 315 of the Deed Records of Nueces County, Texas, said iron rod bears N. 28° 41' 21" E., a distance of 122.40 feet from the common corner of Lots 9, 10, 6a & 7a, Section 26 of the Flour Bluff and Encinal Farm and Garden Tracts, said iron rod also being a corner of the herein described tract; THENCE, along the toe of slope of the upland area, same being the common line with the Nueces County 23.9 acre tract of land as follows: THENCE, S. 45° 31' 38" E., a distance of 181.43 feet to a 5/8 inch iron rod set for a corner of the herein described tract; THENCE, S. 23° 13' 54" E., a distance of 208.51 feet to a 5/8 inch iron rod set for the corner of the herein described tract; THENCE, S. 02° 54' 16" E., a distance of 3 02. 10 feet to a 5/8 inch iron rod set for the corner of the herein described tract; THENCE, S. 12° 36'40" W., a distance of 269.96 feet to a 5/8 inch iron rod set for the corner of the herein described tract; THENCE, S. 16° 45' 13" W., a distance of 143.63 feet to a 5/8 inch iron rod set for the corner of the herein described tract; THENCE, S. 25° 58' 03" W., a distance of 65.68 feet to a 5/8 inch iron rod set for the corner of the herein described tract; THENCE, S. 330 10' 17" W., a distance of 99.16 feet to a 5/8 inch iron rod set for the corner of the herein described tract; THENCE, S. 62° 12' 22" W., a distance of 105.81 feet to an existing 5/8 inch iron rod capped with blue plastic cap stamped "MAVERICK ENGR., VICTORIA, TX, BOUNDARY MARKER" at the most eastern corner of a 3.431 acre tract of land conveyed by L & L Family Partnership Ltd. to the City of Corpus Christi, Texas by deed dated August 10, 2007 and recorded as Document No. 2007045011 in the Official Records of Nueces County, Texas, said iron rod also being a corner of the herein described tract; EXHIBIT A 12082 FieldNotes 60.54 Acres Fieldnote Description For 60.54 Acres Of Land Nueces County, Texas Page 3 THENCE, along the northeast line of the said 3.431 acre tract of land as follows: THENCE, S. 83° 30'59" W., a distance of 43.66 feet to an existing 5/8 inch iron rod capped with blue plastic cap stamped "MAVERICK ENGR., VICTORIA, TX, BOUNDARY MARKER" for a corner of the herein described tract; THENCE, S. 71- 58' 36" W., a distance of 235.00 feet to an existing 5/8 inch iron rod capped with blue plastic cap stamped "MAVERICK ENGR., VICTORIA, TX, BOUNDARY MARKER" for the corner of the herein described tract; THENCE, S. 840 21' 54" W., a distance of 185.04 feet to an existing 5/8 inch iron rod capped with blue plastic cap stamped "MAVERICK ENGR., VICTORIA, TX, BOUNDARY MARKER" at the Point of Curvature of a curve to the right, said iron rod also being a corner of the herein described tract; THENCE, in a southwesterly direction along the said curve to the right having a radius of 182.32 feet, a central angle of 34° 16' 56 ", chord bearing and distance: N. 780 24' 58" W., 107.47 feet, an are length of 109.09 feet to an existing 5/8 inch iron rod capped with blue plastic cap stamped "MAVERICK ENGR., VICTORIA, TX, BOUNDARY MARKER" at the Point of Tangency of said curve, said iron rod also being a corner of the herein described tract; THENCE, N. 61° 20' 21" W., a distance of 277.22 feet to an existing 5/8 inch iron rod capped with blue plastic cap stamped "MAVERICK ENGR., VICTORIA, TX, BOUNDARY MARKER" for the corner of the herein described tract; THENCE, N. 42° 32'28" W., a distance of 69.72 feet to an existing 5/8 inch iron rod capped with blue plastic cap stamped "MAVERICK ENGR., VICTORIA, TX, BOUNDARY MARKER" for the corner of the herein described tract; THENCE, N. 660 42' 17" W., a distance of 240.17 feet to an existing 5/8 inch iron rod capped with blue plastic cap stamped "MAVERICK ENGR., VICTORIA, TX, BOUNDARY MARKER" for the corner of the herein described tract; THENCE, N. 61- 23' 45" W., a distance of 80.19 feet to an existing 5/8 inch iron rod capped with blue plastic cap stamped "MAVERICK ENGR., VICTORIA, TX, BOUNDARY MARKER" for the corner of the herein described tract; THENCE, N. 46° 05' 21" W., a distance of 154.74 feet to an existing 5/8 inch iron rod capped with blue plastic cap stamped "MAVERICK ENGR., VICTORIA, TX, BOUNDARY MARKER" for the corner of the herein described tract; EXHIBIT A 12082 FieldNotes 60.54 Acres Fieldnote Description For 60.54 Acres Of Land Nueces County, Texas Page 4 THENCE, N. 56° 04'45" W., a distance of 156.38 feet to a 5/8 inch iron rod set for a corner of the herein described tract; THENCE, N. 610 15'57" W., a distance of 250.01 feet to a 5/8 inch iron rod set for a corner of the herein described tract; THENCE, S. 820 22'02" W., a distance of 94.66 feet to a 5/8 inch iron rod set for a corner of the herein described tract; THENCE, N. 61- 15' 54" W., a distance of 112.20 feet along the northeast line of the said 3.431 acre tract of land to a 5/8 inch iron rod set in the common line of Lots 11 & 12 of the Flour Bluff and Encinal Farm and Garden Tracts, said iron rod bears N. 230 58' 23" E., a distance of 19.40 feet from a 5/8 inch iron rod capped with blue plastic cap stamped "MAVERICK ENGR., VICTORIA, TX, BOUNDARY MARKER ", said set iron rod also being the most western corner of the herein described tract; THENCE, N. 280 41' 21" E., a distance of 10.00 feet along the common line between Lots 11 & 12 for the Flour Bluff and Encinal Farm and Garden Tracts to a 5/8 inch iron rod set at the most southern corner of Block 2, South Fork Unit 5 as recorded in Volume 64, Pages 202 through 204 of the Map Records of Nueces County, Texas, and CONTINUING, N. 28° 41' 21" E., a distance of 1,290.00 feet along the common line between Lots 11 & 12, Flour Bluff and Encinal Farm and Garden Tracts, same being the southeast line of the said Block 2 and across Dove Hollow Drive and Block 3 of said South Fork Unit 5 for a total distance of 1,300.00 feet to an existing 5/8 inch iron rod for the most eastern corner of the said South Fork Unit 5, said iron rod also being the most southern corner of the said South Fork Subdivision Unit 2, said iron rod also being the most western corner of a 0.122 acre tract of land conveyed by C.B Slabaugh et ux to Terry D. Fonville et ux by deed dated July 3, 1996 and recorded as Document No. 1996026194 in the Official Records of Nueces County, Texas, said iron rod also being a corner of the herein described tract; THENCE, S. 61- 15' 54" E., a distance of 50.00 feet to an existing 5/8 inch iron rod set at the most southern corner of the said Terry D. Fonville et ux 0.122 acre tract of land, said iron rod also being a corner of the herein described tract; THENCE, N. 28° 28' 02" E., at 100.63 feet the most southern of a 0.160 acre tract conveyed to Lyle T. Mathews et ux by Document No. 1996026195 for a total distance of 242.28 feet to a 5/8 inch iron rod set at the most southern corner of a 0.053 acre tract conveyed to Robert H. Vaughn et ux by Document No. 1996026196, said iron rod also being the Point of Curvature of a curve to the right; EXHIBIT A 12082 FieldNotes 60.54 Acres Fieldnote Description For 60.54 Acres Of Land Nueces County, Texas Page 5 THENCE, along the southeast line of the said Robert H. Vaughn 0.053 acre tract and a portion of a 0.052 acre tract conveyed to Michael A. Esparza et ux by Document No. 1996026197, said curve having a radius of 135.46 feet, a central angle of 30° 10'35", chord bearing and distance: N. 43° 33' 19" E, 70.52 feet an arc length of 71.34 feet to a 5/8 inch iron rod set at the Point of Tangency of said curve, said iron rod also being a corner of the herein described tract; THENCE, N. 580 38' 36" E., at 10.39 feet the most southern corner of 0.069 acre tract conveyed to Bradley A. Faldet et ux by Document No. 1996026198, at 70.39 feet the most southern corner of a 0.069 acre tract conveyed to Celeste K. Meyer by Document No. 1996026199, at 100.39 feet the most southern corner of the said Ronald A. Voss, Jr. et ux 0.080 tract of land for a total distance of 200.39 feet to the PLACE OF BEGINNING, containing within these metes and bounds 60.54 acres of land. All set iron rods capped with yellow plastic cap stamped, Ganem & Kelly Surveying, Inc. I hereby certify that the above fieldnote description is based on a survey made on the ground, under my supervision in February 2012 and is true and correct to the best of my knowledge and belief. DATED: 2 EXHIBIT A 12082 FieldNotes 60.54 Acres A.C. FRANKSON Registered Professional Land Surveyor Texas Registration No. 2239 e,be e,b b. ee �mm•�.m O.m♦ EXISTING ZONING ZONED R5-6 �•b, °'m; /.81 UNORY L INE 1 TYP. OTO .F'a, �0��1 Q G� <��i � � se, �J° •v: 'QOM ��'Y\ s:s,•m.eb lb hpJ Q ��O��neQ f 8. 119E X110.'7' t CURVE DATA OA L = 34 °16'56" R = 182.32' T = 56.32' L = 109.09' Ch= N78 °24'58 "Y 107. 47' © L = 30 °10'35" R = 135.46' T = 36.52' L = 71.34' Ch= N43'33'19'E 70.52' .. B ZONED FR >- :R 4 O 9q�s9a o N 28 °2B '02, , `r 1 "E S° 9 24:.ZBi 2 s i 562-r 3 5 61 ° 15'544EE �.ti �•' J a ZONED RS -6 O O DOVE HOI I GLOW OR. / (50' R. 0.1Y.) o H _ m° o~ J ~ b � H � 0 jZONED FR i 60.54 ACRES PROPOSED REZONING: RS 4.5 �a FN NN 61 yA �a ZONED FR / w SCALE: 1 " = 400' *:IMo I1 -.11a MAP TO ACCOMPANY FIE[ONOTES FOR THE REZONING OF 60.54 ACRES SITUATED IN LOTS 9, 10, 11, 5o. 6a. d 7a. SECTION 26 OF THE FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS AS RECORDED IN VOL. A. PGS. 41 THROUGH 43 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS. N56 °09'95'?Y 525'58'03"Y 65.68' 533 °10'17 "W 99-16' 562° 12'22'W N61 °2021 "W 105-81' BROOKE RD.J = 583 °30'59IY 43.66' 240.17 SCALE: 1 " = 400' *:IMo I1 -.11a MAP TO ACCOMPANY FIE[ONOTES FOR THE REZONING OF 60.54 ACRES SITUATED IN LOTS 9, 10, 11, 5o. 6a. d 7a. SECTION 26 OF THE FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS AS RECORDED IN VOL. A. PGS. 41 THROUGH 43 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS. N56 °09'95'?Y 156.38' IN61'15'57"if N66 °42'17 W N61 °2021 "W BROOKE RD.J = 240.17 277.22' S 84 °21'54" W (COUNTY RD. 26,41 250.01 N61 °23'45 ")Y 185.04' N 42 °32'28° W (50' R. 0. W. I 80-19, 69.72' N61 ° 15'59 ")Y 582 °22'02 "W N46 °05'21 IV 112.20' . 94.66' 154.74' ZONEO R5-6 e ZONED FR SCALE: 1 " = 400' *:IMo I1 -.11a MAP TO ACCOMPANY FIE[ONOTES FOR THE REZONING OF 60.54 ACRES SITUATED IN LOTS 9, 10, 11, 5o. 6a. d 7a. SECTION 26 OF THE FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS AS RECORDED IN VOL. A. PGS. 41 THROUGH 43 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS. U� p AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of May 28, 2013 2852 Second Reading for the City Council Meeting of June 11, 2013 DATE: May 7, 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 Estate Residential to Low Density Residential for Kitty Hawk Development, Ltd. Property Address: 9142 South Staples Street CAPTION: Case No. 0413 -02 Kitty Hawk Development, Ltd.: A change of zoning from the "RE" Residential Estate District to the "CN -1" Neighborhood Commercial District on Tract 1, the "RE" Residential Estate District to the "RS -15" Single - Family 15 District on Tract 2, and the "CN -1" Neighborhood Commercial District to the "RS -15" Single - Family 15 District on Tract 3. The property is described as being a 58.969 -acre tract of land out of the south half of Section 31, Laureles Farm Tracts, located along the south side of South Staples Street (FM 2444) and along the east side of County Road 41. PURPOSE: The purpose of this item is to allow development of a single - family subdivision with minimum lot sizes of 15,000 square feet and reduce the amount of neighborhood commercial zoning. RECOMMENDATION: Plannina Commission and Staff Recommendation (Aaril 24. 20131: Approval of the change of zoning from the "RE" Residential Estate District to the "CN -1" Neighborhood Commercial District on Tract 1, from the "RE" Residential Estate District to the "RS -15" Single - Family 15 District on Tract 2, and from the "CN -1" Neighborhood Commercial District to the "RS -15" Single - Family 15 District on Tract 3. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting a rezoning to allow a single - family subdivision with minimum lot sizes of 15,000 square feet and reduce the amount of neighborhood commercial zoning from 17 acres to 5.36 acres. The development is an expansion of the Kitty Hawk Subdivision to the south and east and will have access to South Staples Street (FM 2444) and County Road 41. The proposed change of zoning is compatible with current zoning and development patterns in the area and is not expected to have a negative impact on the surrounding neighborhood. ALTERNATIVES: 1. Approve an intermediate zoning district; 2. Approval of a special permit; or 3. Deny the request. OTHER CONSIDERATIONS: Because the area does not have wastewater service and the subdivision will utilize septic tank systems, the minimum lot size required for platting will be one -half acre. CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan. The proposed rezoning is not consistent with the Future Land Use Plan, which slates the property for 17 acres of commercial uses and estate residential uses (one -acre sized lots). 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 with Exhibits ZONING REPORT Case No.: 0413 -02 HTE No. 13- 10000011 Planning Commission Hearing Date: April 24, 2013 � � o .Q J 0 0 Q M Cr Q W CM c .E 0 N c c� a� y c � 0� N c � }, J w Applicant /Owner: Kitty Hawk Development Ltd. Representative: RVE, Inc., Pat Veteto, P. E., R. P. L. S. Legal Description /Location: Being a 58.969 -acre tract of land out of the south half of Section 31, Laureles Farm Tracts, located along the south side of South Staples Street (FM 2444) and along the east side of County Road 41. Tract 1 (0.705 acres) From: "RE" Residential Estate District To: "CN -1" Neighborhood Commercial District Tract 2 (45.913 acres) From: "RE" Residential Estate District To: "RS -15" Single - Family 15 District Tract 3 (12.351 acres) From: "CN -1" Neighborhood Commercial District To: "RS -15" Single - Family 15 District Total Area: 58.969 acres Purpose of Request: To allow development of a single - family subdivision and future commercial uses. Existing Zoning District I Existing Land Use "RE" Residential Estate & Site "CN -1" Neighborhood Commercial Vacant Future Land Use Residential Estate & Commercial I North I "FR" Farm Rural I Vacant I Residential Estate I South "RE" Residential Estate Residential Estate & Residential Estate Vacant East "RE" Residential Estate Residential Estate & Residential Estate Vacant West Outside City Limits (0.C.L.) Vacant Low Density Residential & Commercial Case # 0413 -02 Kitty Hawk Page 2 Area Development Plan: The subject property is located in the Southside Area Development Plan (ADP) and is planned for commercial and estate CL M c residential uses. The proposed change of zoning to the "RS -15" Single - Family M 15 District and the "CN -1" Neighborhood Commercial is not consistent with the a o Future Land Use Plan. Q Map No.: 047030, 047029, & 046030 Zoning Violations: None Transportation and Circulation: The subject property has approximately o c 1,600 feet of frontage along South Staples Street (FM 2444), which is a CL 5 proposed "A3" Primary - Arterial Divided street, and approximately 340 feet of cLa frontage along County Road 41, which is a proposed "A2" Minor Arterial Divided street. Staff Summary: Requested Zoning: On Tract 1, the applicant is requesting a change of zoning from the "RE" Residential Estate District to the "CN -1" Neighborhood Commercial District on 0.71 acres. On Tract 2, the applicant is requesting a change of zoning from the "RE" Residential Estate District to the "RS -15" Single - Family 15 District on 45.91 acres. On Tract 3, the applicant is requesting a change of zoning from the "CN -1" Neighborhood Commercial District to the "RS -15" Single - Family 15 District on 12.35 acres. Applicant's Development Plan: The proposed rezoning is for 58.969 acres out of a 298.72 -acre tract of land, which will be developed as the Kitty Hawk Subdivision. The majority of the remaining land is proposed for one -acre lots. About sixty acres of this subdivision is being rezoned to the "RS -15" Single - Family 15 District, which requires a minimum lot size of 15,000 square feet. Due to a lack of wastewater infrastructure, the area being rezoned to the "RS -15" District will be developed into 66 half -acre lots, constituting approximately 19.5% of the Kitty Hawk Subdivision. With half -acre lot sizes, the developer can install septic systems for each lot rather than extending wastewater lines south of the Oso River. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume D � S. Staples St. "A3" Primary - Arterial 95' ROW 100' ROW 7,651 (FM 2444) Divided 64' paved 28' paved (2010) a� L Cn County "A2" Secondary 100' ROW -- ROW Not Road 41 Arterial Divided 54' paved --paved Available Staff Summary: Requested Zoning: On Tract 1, the applicant is requesting a change of zoning from the "RE" Residential Estate District to the "CN -1" Neighborhood Commercial District on 0.71 acres. On Tract 2, the applicant is requesting a change of zoning from the "RE" Residential Estate District to the "RS -15" Single - Family 15 District on 45.91 acres. On Tract 3, the applicant is requesting a change of zoning from the "CN -1" Neighborhood Commercial District to the "RS -15" Single - Family 15 District on 12.35 acres. Applicant's Development Plan: The proposed rezoning is for 58.969 acres out of a 298.72 -acre tract of land, which will be developed as the Kitty Hawk Subdivision. The majority of the remaining land is proposed for one -acre lots. About sixty acres of this subdivision is being rezoned to the "RS -15" Single - Family 15 District, which requires a minimum lot size of 15,000 square feet. Due to a lack of wastewater infrastructure, the area being rezoned to the "RS -15" District will be developed into 66 half -acre lots, constituting approximately 19.5% of the Kitty Hawk Subdivision. With half -acre lot sizes, the developer can install septic systems for each lot rather than extending wastewater lines south of the Oso River. Case # 0413 -02 Kitty Hawk Page 3 The portion of property being rezoned to "CN -1" Neighborhood Commercial District is a 0.71 -acre tract of land that will front County Road 41 and will be an extension of the existing "CN -1" District that fronts South Staples Street (FM 2444) and County Road 41. This rezoning will reduce the existing "CN -1" District located at the corner of South Staples Street (FM 2444) and County Road 41 from about 17 acres to 5.36 acres. Existing Land Uses & Zoning: North and south of the subject property is vacant land zoned "FR" Farm Rural District. Also to the south of the subject property is the Kitty Hawk subdivision zoned "RE" Residential Estate District. West of the subject property is vacant land zoned "CN -1" Neighborhood Commercial District and the city limit line. East of the subject property is vacant land and the Kitty Hawk subdivision zoned "RE" Residential Estate District. AICUZ: The subject property is not located in a Navy Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is located within the boundaries of the Southside ADP and is not consistent with the adopted Future Land Use Plan, which slates the property for estate residential (one -acre lots) and commercial uses. The developer originally intended to develop 17.2 acres of commercial uses and one -acre residential lots, and the Future Land Use Plan accommodated the developer's original plan. The developer's change in plans is acceptable with regards to the City's Comprehensive Plan and is consistent with surrounding planned uses. Plat Status: The property is currently unplatted. The master preliminary plat is under review. Department Comments: • The proposed residential development is an extension of the Kitty Hawk Subdivision and is partially consistent with the Future Land Use Plan. Although commercial and residential estate uses are planned for the subject property, staff agrees that a low density residential use with lot sizes of 15,000 square feet to a half -acre is appropriate for the land and that reducing the amount of commercial area is also acceptable. • The proposed change of zoning is compatible with current zoning patterns in the area and would not have a negative impact on the surrounding neighborhood. • The City's Comprehensive Plan recommends that commercial activities be located with convenient access to arterial -type streets. The area being rezoned to the "CN -1" Neighborhood Commercial District is located along County Road 41, which is a proposed "A2" Secondary Arterial Divided street. The majority of the existing commercial zoning fronts on South Staples Street (FM 2444), which is also an arterial -type street. • The proposed commercial uses will have direct access to South Staples Street (FM 2444) and will not increase traffic through the surrounding residential areas. Case # 0413 -02 Kitty Hawk Page 4 Planning Commission and Staff Recommendation (April 24, 2013): Approval of the change of zoning from the "RE" Residential Estate District to the "CN -1" Neighborhood Commercial District on Tract 1, from the "RE" Residential Estate District to the "RS -15" Single - Family 15 District on Tract 2, and from the "CN -1" Neighborhood Commercial District to the "RS -15" Single - Family 15 District on Tract 3. Number of Notices Mailed — 13 within 200' notification area; 1 outside notification area 0 As of May 7, 2013: In Favor — 0 (inside notification area); 0 (outside notification area) a 0 In Opposition — 1 (inside notification area); 0 (outside notification area) For 2.85% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Preliminary Plat 2,g ngi MONA'Aw- 3C fil F, I . . V '. t6Z 4H� LU L Ii Of hu- -3 U AUVIR9z h le, . . . ...... .. v:Tlk ... .... ... F7� n cs a. /6P M Li M .2 R 71! tT P5 a 1y waW o t m. L2— — --- — --------- -------- ID 01- Lo MiT Asa a 01- Ordinance amending the Unified Development Code ( "UDC ") upon application by Kitty Hawk Development, Ltd. ( "Owner "), by changing the UDC Zoning Map in reference to a 58.969 -acre tract of land out of the south half of Section 31, Laureles Farm Tracts, from the "RE" Residential Estate District to the "CN -1" Neighborhood Commercial District on Tract 1 and to the "RS -15" Single - Family 15 District on Tract 2, and from the "CN -1" Neighborhood Commercial District to the "RS -15" Single - Family 15 District on Tract 3; 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 Kitty Hawk Development, Ltd. ( "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, April 24, 2013, during a meeting of the Planning Commission, and on Tuesday, May 28, 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 Kitty Hawk Development, Ltd. ( "Owner "), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on a 58.969 -acre tract of land out of the south half of Section 31, Laureles Farm Tracts (the "Property "), located along the south side of South Staples Street (FM 2444) and along the east side of County Road 41, from the "RE" Residential Estate District to the "CN -1" Neighborhood Commercial District on Tract 1, from the "RE" Residential Estate District to the "RS -15" Single - Family 15 District on Tract 2, and from the "CN -1" Neighborhood Commercial District to the "RS -15" Single - Family 15 District on Tract 3 (Zoning Map Nos. 047030, 047029 & 046030), as shown in Exhibits 'A" "B," "C," and "D." Exhibits A, B, and C, which are metes and bounds descriptions of Tract 1, Tract 2, and Tract 3, respectively, and Exhibit "D," which is a map to accompany the metes and bounds descriptions, 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 (58.969 -acre tract of land out of the south half of Section 31, Laureles Farm Tracts) 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 ATTEST: Armando Chapa City Secretary day of , 20 Nelda Martinez Mayor Kitty Hawk Development, Ltd. Page 2 of 2 rite RV E, Inc. engineering - surveying 403 -12048 March 26, 2013 Page 1 of 2 TRACT 1 PROPERTY DESCRIPTION STATE OF TEXAS § COUNTY OF NUECES § Field notes of a 30,718 square foot tract, more or less, out of a 350 acre tract described in a Warranty Deed, recorded in Volume 2052, Page 304, Deed Records of Nueces County, Texas. Said 30,718 square foot tract is out of the south half of Section 31, Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, of the Map Records of Nueces County, Texas. Said 30,718 square foot tract is situated in Nueces County, Texas approximately 10 miles south of Corpus Christi, and is described by metes and bounds as follows: COMMENCING at a 518" iron rod found in the center lines of South Staples Street and County Road 41 for the northwest corner of the south half of Section 31 of said Laureles Farm Tracts and northwest corner of said 350 acre tract; THENCE South along the center line of said County Road 41, the west line of said 350 acre tract, the west boundary of said south half of Section 31, a distance of 733.03 feet to the POINT OF BEGINNING and northwest corner of this tract; THENCE East along the north line of this tract, a distance of 181.30 feet to the point of tangency and beginning of a curve to the right, which curve has a central angle of 03° 17' 46 ", a radius of 921.00 feet, a tangent length of 26.50 feet, an arc length of 52.98 feet, and whose chord bears S 88° 21' 07" E, a distance of 52.98 feet; THENCE along the north line of this tract and said curve to the right in an easterly direction, an arc length of 52.98 feet to the northeast corner of this tract and the beginning of a curve to the left, which curve has a central angle of 02° 05' 23 ", a radius of 500.00 feet, a tangent length of 9.12 feet, an arc length of 18.24 feet, and whose chord bears S 13° 30' 14" W, a distance of 18.23 feet; THENCE along the east line of this tract and said curve to the left in a southerly direction, an are length of 18.24 feet to an inside corner of this tract; TBPE Firm Reg. No. F -2037 820 Buffalo St., Corpus Christi, Texas 78401 -2216 P.O. Box 2927, Corpus Christi, Texas 78403 -2927 Phone: 361.887.8851 fax: 361.887.8855 e-mail: rve @rve- inc.com website: www.rve- inc.com EXHIBIT A March 26, 2013 Page 2 of 2 THENCE South along the east line of this tract, a distance of 89.29 feet to an angle point of this tract; THENCE S 000 35' 07" W along the east line of this tract, a distance of 25.00 to the southeast corner of this tract and the beginning of a curve to the left, which curve has a central angle of 00° 35' 07 ", a radius of 782.50 feet, a tangent length of 4.00 feet, an arc length of 7.99 feet, and whose chord bears N 89° 42' 27" W, a distance of 7.99 feet; THENCE along the south line of this tract and said curve to the left in a westerly direction, an are length of 7.99 feet to a point of tangency for a corner of this tract; THENCE West along the south line of this tract, a distance of 221.75 feet to a point in the centerline of County Road 41, the west line of said Section 31, the west line of said 350 acre tract, and the southwest corner of this tract; THENCE North along the centerline of County Road 41, the west line of said Section 31, the west line of said 350 acre tract, and the west line of this tract, a distance of 133.50 feet to the northwest corner of this tract and POINT OF BEGINNING, and containing 30,718 square feet, more or less. I, Dale A. Wunderlich., Registered Professional Land Surveyor of Texas, do hereby certify that this description was performed under my direct supervision and is true and correct to the best of my knowledge, this the 26th day of March, 2013. "rrlJF Lam' I,' '.�% FSLI ^' i �J {� Registered Professional Land Surveyor v/ Texas Registration No. 6181 Prepared by: RVE Inc. 403 -12048 EXHIBIT A Tract 1 — RE to CN -1 Kitty Hawk Phase 2 rite RVE, Inc. engineering - surveying 403 -12048 March 26, 2013 Page 1 of 3 TRACT 2 PROPERTY DESCRIPTION STATE OF TEXAS § COUNTY OF NUECES § Field notes of a 45.913 acre tract, more or less, out of a 350 acre tract described in a Warranty Deed, recorded in Volume 2052, Page 304, Deed Records of Nueces County, Texas. Said 45.91 acre tract is out of the south half of Section 31, Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, of the Map Records of Nueces County, Texas. Said 45.913 acre tract is situated in Nueces County, Texas approximately 10 miles south of Corpus Christi, and is described by metes and bounds as follows: CONEUENCING at a 5/8" iron rod found in the center lines of South Staples Street and County Road 41 for the northwest corner of the south half of Section 31 of said Laureles Farm Tracts and northwest corner of said 350 acre tract; THENCE South along the west line of said 350 acre tract, the center line of said County Road 41, the west boundary of said south half of Section 31, a distance of 866.53 feet to the POINT OF BEGINNING and the lower northwest corner of this tract; THENCE East, a distance of 221.75 feet to a point of tangency and the beginning of a curve to the right, which curve has a central angle of 00° 35' 07 ", a radius of 782.50 feet, a tangent length of 4.00 feet, an arc length of 7.99 feet, and whose chord bears S 89° 42' 27" E, a distance of 7.99 feet; THENCE along said curve to the right in an easterly direction, an arc length of 7.99 feet to an inside corner of this tract; THENCE N 000 35' 07" E, a distance of 25.00 to an angle point of this tract; THENCE North, a distance of 89.29 feet to the beginning of a curve to the right, which curve has a central angle of 02° 05' 23 ", a radius of 500.00 feet, a tangent length of 9.12 feet, an arc length of 18.24 feet, and whose chord bears N 13° 30' 14" E, a distance of 18.23 feet; TBPE Firm Reg. No. F -2037 820 Buffalo St., Corpus Christi, Texas 78401 -2216 P.O. Box 2927, Corpus Christi, Texas 78403 -2927 Phone: 361.887.8851 fax: 361.887.8855 e-mail: rve (Orve- inc.com website: www.rve- ino.corn EXHIBIT B March 26, 2013 Page 2 of 3 THENCE along said curve to the right in a northerly direction, an arc length of 18.24 feet to the central northwest corner of this tract and the beginning of a curve to the right, which curve has a central angle of 36° 42'14", a radius of 921.00 feet, a tangent length of 305.52 feet, an arc length of 590.00 feet, and whose chord bears S 68° 21' 07" E, a distance of 579.96 feet; THENCE along said curve to the right in an easterly direction, an are length of 590.00 feet to a point of tangency for a corner of this tract; THENCE S 500 00' 00" E, a distance of 117.74 feet to an inside corner of this tract; THENCE N 400 00' 00" E, a distance of 108.91 feet to the point of tangency and beginning of a curve to the left, which curve has a central angle of 40° 00' 00 ", a radius of 250.00 feet, a tangent length of 90.99 feet, an arc length of 174.53 feet, and whose chord bears N 20° 00' 00" E, a distance of 171.01 feet; THENCE along said curve to the left in a northerly direction, an arc length of 174.53 feet to a point of tangency for a corner of this tract; THENCE North, a distance of 779.51 feet to a point in the centerline of South Staples Street, the north line of said Section 31, the north line of said 350 acre tract, and the upper northwest corner of this tract; THENCE S 890 58' 05" E along the centerline of South Staples Street, the north line of said Section 31, the north line of said 350 acre tract, and the north line of this tract, a distance of 1044.00 feet to the upper northeast corner of this tract; THENCE South along the upper east line of this tract, a distance of 481.31 feet to an inside corner of this tract; THENCE S 450 00' 00" E, a distance of 190.92 feet to an inside corner of this tract; THENCE East, a distance of 215.00 feet to the lower northeast corner of this tract; THENCE South along the lower east line of this tract, a distance of 397.94 feet to the point of tangency and beginning of a curve to the right, which curve has a central angle of 70° 50' 08 ", a radius of 246.00 feet, a tangent length of 174.94 feet, an arc length of 304.13 feet, and whose chord bears S 35° 25' 04" W, a distance of 285.13 feet; THENCE along said curve to the right in a southerly direction, an arc length of 304.13 feet to a point of tangency for a corner of this tract; THENCE S 700 50' 08" W along the south line of this tract, a distance of 375.31 feet to a corner of this tract; THENCE N 290 41' 31" W, a distance of 159.40 feet to an inside corner of this tract and beginning of a curve to the right, which curve has a central angle of 07° 40' 55 ", a radius of 403 -12048 Tract 2 — RE to RS -15 Kitty Hawk Phase 2 EXHIBIT B March 26, 2013 Page 3 of 3 1141.00 feet, a tangent length of 76.60 feet, an arc length of 152.98 feet, and Whose chord bears S 27° 28' 32" W, a distance of 152.87 feet; THENCE along said curve to the right in a southerly direction, an arc length of 152.98 feet to a corner of this tract; THENCE N 50° 00' 00" W along the south line of this tract, a distance of 321.21 feet to an inside corner of this tract; THENCE S 40° 00' 00" W along the south line of this tract, a distance of 603.67 feet to the south corner of this tract; THENCE N 50° 00' 00" W along the south line of this tract, a distance of 643.47 feet to the point of tangency and beginning of a curve to the left, which curve has a central angle of 40° 00' 00 ", a radius of 572.50 feet, a tangent length of 208.37, an arc length of 399.68 feet, and whose chord bears N 70° 00' 00" W, a distance of 391.61 feet; THENCE along said curve to the left in a westerly direction, an arc length of 399.68 feet to a point of tangency for a corner of this tract; THENCE West along the south line of this tract, a distance of 221.75 feet to a point in the centerline of County Road 41, the west line of said Section 31, the west line of said 350 acre tract, and the southwest corner of this tract; THENCE North along the centerline of County Road 41, the west line of said Section 31, the west line of said 350 acre tract, and the west line of this tract, a distance of 210.00 feet to the lower northwest corner of this tract and POINT OF BEGINNING, and containing 45.913 acres, more or less. I, Dale A. Wunderlich., Registered Professional Land Surveyor of Texas, do hereby certify that this description was performed under my direct supervision and is true and correct to the best of my knowledge, this the 26th day of March, 2013. i L i• h `! Prepared by: RVE, Inc. 403 -12048 EXHIBIT B Registered Professional Land Surveyor Texas Registration No. 6181 Tract 2 -- RE to RS -15 Kitty Hawk Phase 2 rite RVE, Inc. engineering - surveying 403 -12048 March 26, 2013 Page 1 of 2 TRACT 3 PROPERTY DESCRIPTION STATE OF TEXAS § COUNTY OF NUECES § Field notes of a 12.351 acre tract, more or less, out of a 350 acre tract described in a Warranty Deed, recorded in Volume 2052, Page 304, Deed Records of Nueces County, Texas. Said 45.91 acre tract is out of the south half of Section 31, Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, of the Map Records of Nueces County, Texas. Said 12.351 acre tract is situated in Nueces County, Texas approximately 10 miles south of Corpus Christi, and is described by metes and bounds as follows: COMNIENCING at a 518" iron rod found in the center lines of South Staples Street and County Road 41 for the northwest corner of the south half of Section 31 of said Laureles Farm Tracts and northwest corner of said 350 acre tract; THENCE S 89° 58' 05 "E along the centerline of South Staples Street, the north line of said 350 acre tract, the north boundary of said south half of Section 31, a distance of 429.64 feet to the POINT OF BEGINNING and the northwest corner of this tract; THENCE S 890 58' 05" E along the centerline of South Staples Street, the north line of said Section 31, the north line of said 350 acre tract, and the north line of this tract, a distance of 562.36 feet to the northeast corner of this tract; THENCE South along the east line of this tract, a distance of 779.51 feet to the point of tangency and beginning of a curve to the right, which curve has a central angle of 40° 00' 00 ", a radius of 250.00 feet, a tangent length of 90.99 feet, an arc length of 174.53 feet, and whose chord bears S 20° 00' 00" W, a distance of 171.01 feet; THENCE along the east line of this tract and said curve to the right in a southerly direction, an arc length of 174.53 feet to a point of tangency for a corner of this tract; THENCE S 40° 00' 00" W along the east line of this tract, a distance of 108.91 feet to the southeast corner of this tract; TBPE Firm Reg. No. F -2037 820 Buffalo St., Corpus Christi, Texas 78401 -2216 P.O. Box 2927, Corpus Christi, Texas 78403 -2927 Phone: 361.887.8851 fax: 361.887.8855 e-mail: rve@rve- inc.com website: www.rve - inc.com EXHIBIT C March 26, 2013 Page 2 of 2 THENCE N 50° 00' 00" W along the south line of this tract, a distance of 117.74 feet to the point of tangency and beginning of a curve to the left, which curve has a central angle of 36° 42' 14 ", a radius of 921.00 feet, a tangent length of 305.52 feet, an arc length of 590.00 feet, and whose chord bears N 68° 21' 07" W, a distance of 579.96 feet; THENCE along the south line of this tract and said curve to the left in a westerly direction, an arc length of 590.00 feet to the southwest corner of this tract and the beginning of a curve to the right, which curve has a central angle of 21' 51' 02 ", a radius of 500.00 feet, a tangent length of 96.51 feet, an arc length of 190.68 feet, and whose chord bears N 25° 28' 27" E, a distance of 189.53 feet; THENCE along the west line of this tract and said curve to the right in a northerly direction, an arc length of 190.68 feet to a point of tangency for a corner of this tract; THENCE N 36° 23' 57" E along the west line of this tract, a distance of 159.00 feet to the point of tangency and beginning of a curve to the left, which curve has a central angle of 36° 23' 57 ", a radius of 100.00 feet, a tangent length of 32.88 feet, an arc length of 63.53 feet, and whose chord bears N 18° 11' 59" E, a distance of 62.47 feet; THENCE along the west line of this tract and said curve to the left in a northerly direction, an are length of 63.53 feet to a point of tangency for a corner of this tract; THENCE North along the west line of this tract, a distance of 375.90 feet to a point in the centerline of South Staples Street, the north line of said Section 31, the north line of said 350 acre tract, the northwest corner of this tract and POINT OF BEGINNING, and containing 12.351 acres, more or less. I, Dale A. Wunderlich., Registered Professional Land Surveyor of Texas, do hereby certify that this description was performed under my direct supervision and is true and correct to the best of my knowledge, this the 26th day of March, 2013. Prepared by: RVE. Inc. 403 -12048 Tract 3 — CN -1 to RS -15 Kitty Hawk Phase 2 EXHIBIT C Registered Professional Land Surveyor Texas Registration No. 6181 Prepared by: RVE. Inc. 403 -12048 Tract 3 — CN -1 to RS -15 Kitty Hawk Phase 2 EXHIBIT C 6 6;G6G55GNrr o m 0 0 C � nimm 0 o0 2 2 °qy im m n I 1 1 � IIII I I I I z I p izm 00 H ..o ?m mm�r m m INo ' I z� ;u --I ;u --I 00 O O� Al n-I W iO j c n n N T - - nary n ii \ww \eonng \a�nm� ewa"9 apuaerson s ® —1 pm S _ WEST 2887.19' i II 11 II I l II nz I wmA IT I vmx II co -,:t 11 �Dm I A�m C1 I l9GO,A D z p I G'An\ 1N II w! 3 n II � nTa I N I 11 II II I I 11 II II Q) I O I S II o I V 11 — —..— .— ..— . —.. —.— y£_ (O 11 S— 4 FE <po m� Vim= 3Dm AAn z ji In l Z I xl ICI o m ?�rnD 11 Ix N II I� ti� 1 coG I �`_� N �z li OF II I I W � p70J l i b M � ''A�1® n�N zv�D 0 ?ncn ? D D U >OZ o� j D N C m O Vim= ANN xD n Awn n A�A 0 -{ D Z (7 W (n IZ I � I I. Ip I ID I IA li I I II la Z 1�.0 C � wm° 't'mS _.mom m Axm nC) �0 y(7w -1 w In ➢Z Gp wm� umx WE Dw 27 7Jm ?may n�0 2 Dn I GO I. I U1 Wm� I N mmi II I cq p�m co III I ��O I Z li '�iI I I-M�1100' R.O.W. — — — ----- - - - - -- I o - it I z ON v � S89 °58'05 "E 2887.19' m m I � ? 9 O-o A;I I z w z r m z L? O T z O Z NORTH 112 SECTION 31 r' N � O � w o;l I Z I i n m 1i m z c� in�l�ll — — — ----- - - - - -- - A V7 W d) S89 °58'05 "E 2887.19' m I <So a �z� 0 C Lim= NORTH 112 SECTION 31 LAURELES FARM TRACTS Z O V_ 3 P. 15 M.R.N.C.T. Z -n Z-e=I n�0 ~-wiw (n0 EXHIBIT D KITTY HAWK N 2013 e 3 ��d ZONING MAP engineeringasurveying —.- -.��. NO I. i REvr.M U� p AGENDA MEMORANDUM � pia Public Hearing and First Reading for the City Council Meeting of May 28, 2013 1852 Second Reading for the City Council Meeting of June 11, 2013 DATE: April 25, 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 Industrial to Commercial for The Palms at Leopard, Ltd. Property Address: 2725 Leopard Street CAPTION: Case No. 0413 -04 The Palms at Leopard, Ltd., - A change of zoning from the "IH /SP" Heavy Industrial District with a Special Permit o the "Cl" Intensive Commercial District. The property is described as being a 2.11 -acre tract of land out of Tract C, Hawn Tract, and all of Tracts D and E, Hawn Tract, located along the east side of Palm Drive between Leopard Street and Lipan Street. PURPOSE: The purpose of this item is to eliminate the existing Special Permit and allow commercial and multifamily uses by right. RECOMMENDATION: Planning Commission and Staff Recommendation (April 24, 2013): Approval of the change of zoning from the "IH /SP" Heavy Industrial District with a Special Permit to the "Cl" Intensive Commercial District. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the property's current zoning designation is the "IH /SP" Heavy Industrial District with a Special Permit for a 120 -unit apartment complex. The previous landowner did not want to relinquish the property's "IH" Heavy Industrial District in the event the apartment project fell through. Therefore, the property was granted a Special Permit with the "base" district remaining as the "IH" Heavy Industrial District. The apartment developer is now the new landowner and is requesting a rezoning to eliminate the Special Permit to allow an apartment complex on the property by right. The proposed rezoning is not consistent with the Future Land Use Plan, which slates the property for a light industrial use. This rezoning is, however, a reasonable expansion of the planned commercial uses and existing "Cl" Intensive Commercial District located along Leopard Street. Additionally, the proposed rezoning is compatible with current zoning patterns in the area and would not have a negative impact on the surrounding neighborhood. The property is currently occupied by dilapidated vacant buildings presenting a hazardous environment. Redevelopment of the property is expected improve the desirability of the neighborhood. ALTERNATIVES: 1. Approve an intermediate zoning district; 2. Approval of a special permit; or 3. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Port /Airport/Violet Area Development Plan and the proposed rezoning is not consistent with the Future Land Use Plan, which slates the property for light industrial uses. 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 with Exhibits ZONING REPORT Case No.: 0413 -04 HTE No. 13- 10000014 Planning Commission Hearing Date: April 24, 2013 Applicant /Owner: The Palms at Leopard, Ltd. Representative: George Clower, The Clower Company 0 m .a Legal Description /Location: Being a 2.11 -acre tract of land out of Tract C, CL J y °a Hawn Tract, and all of Tracts D and E, Hawn Tract, located along the east Q o side of Palm Drive between Leopard Street and Lipan Street. From: "IH /SP" Heavy Industrial District with a Special Permit y To: "Cl" Intensive Commercial District •� Area. 5.2 acres r Purpose of Request: To eliminate the existing Special Permit and allow an io apartment use by right. Existing Zoning District Existing Land Use Future Land Use Site "IH /SP" Heavy Industrial Vacant & Light Industrial with a Special Permit Light Industrial a� North "Cl" Intensive Vacant Commercial •E � Commercial ° N South "IH" Heavy Industrial Light Industrial & Light Industrial Public Semi - Public East "IH" Heavy Industrial Light Industrial & Light Industrial Public Semi - Public W "IL" Public Semi - Public, Light Industrial West Light Industrial Light Industrial, & Public Semi - Public Vacant Area Development Plan: The subject property is located in the c Port /Airport/Violet Area Development Plan (ADP) and is planned for light cL • industrial uses. The proposed change of zoning to the "Cl" Intensive a c Commercial District is not consistent with the Future Land Use Plan. a Map No.: 047044 Zoning Violations: None c Transportation and Circulation: The subject property has 758 feet of frontage along Palm Drive, which is a Local Residential street, and c approximately 250 feet of frontage along Lipan Street, which is a "Cl" Minor CL Residential Collector street. The subject property is part of a proposed U) apartment complex also having approximately 450 feet of frontage on Leopard Street. Case # 0413 -04 The Palms at Leopard Page 2 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "IH /SP" Heavy Industrial District with a Special Permit for a 120 -unit apartment complex to the "Cl" Intensive Commercial District in order to eliminate the Special Permit and allow an apartment complex by right. Residential uses are not allowed in the "IH" Heavy Industrial District. The property was rezoned in 2011 to the "IH /SP" Heavy Industrial District with a Special Permit for a 120 -unit apartment complex to allow the buyer to apply for tax credits for the construction of the apartment complex. The original landowner did not want to concede the subject property's "IH" Heavy Industrial District until the sale of the property was complete. Applicant's Development Plan: The proposed apartment complex will consist of nine apartment buildings and one club house and leasing office. Seven of the apartment buildings will be three stories in height and the two remaining apartment buildings will be two stories. The developer is planning to construct a total of 120 dwelling units at a density of 16.5 dwelling units per acre. Existing Land Uses & Zoning: North of the subject property is the remainder of the owner's property that will be developed into an apartment complex zoned "Cl" Intensive Commercial District. South of the subject property is a manufacturing facility zoned "IH" Heavy Industrial District. West of the subject property are industrial and Corpus Christi Independent School District ( CCISD) properties zoned "IH" Heavy Industrial District. East of the subject property is a CCISD baseball field and an industrial facility zoned "IH" Heavy Industrial District. AICUZ: The subject property is not located in a Navy Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is in the Port /Airport/Violet Area Development Plan and is not consistent with the adopted Future Land Use Plan, which slates the property for light industrial uses. Plat Status: The property is currently platted and will be replatted into one lot. Urban Proposed Existing Traffic � Street Transportation Section Section Volume Plan Type O 0� Palm Dr. Local Residential 50' ROW 60' ROW Not 28' paved 40' paved Available L Cn "Cl" Minor 60' ROW 60' ROW Not Lipan St. Residential Collector 40' paved 38' paved Available Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "IH /SP" Heavy Industrial District with a Special Permit for a 120 -unit apartment complex to the "Cl" Intensive Commercial District in order to eliminate the Special Permit and allow an apartment complex by right. Residential uses are not allowed in the "IH" Heavy Industrial District. The property was rezoned in 2011 to the "IH /SP" Heavy Industrial District with a Special Permit for a 120 -unit apartment complex to allow the buyer to apply for tax credits for the construction of the apartment complex. The original landowner did not want to concede the subject property's "IH" Heavy Industrial District until the sale of the property was complete. Applicant's Development Plan: The proposed apartment complex will consist of nine apartment buildings and one club house and leasing office. Seven of the apartment buildings will be three stories in height and the two remaining apartment buildings will be two stories. The developer is planning to construct a total of 120 dwelling units at a density of 16.5 dwelling units per acre. Existing Land Uses & Zoning: North of the subject property is the remainder of the owner's property that will be developed into an apartment complex zoned "Cl" Intensive Commercial District. South of the subject property is a manufacturing facility zoned "IH" Heavy Industrial District. West of the subject property are industrial and Corpus Christi Independent School District ( CCISD) properties zoned "IH" Heavy Industrial District. East of the subject property is a CCISD baseball field and an industrial facility zoned "IH" Heavy Industrial District. AICUZ: The subject property is not located in a Navy Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is in the Port /Airport/Violet Area Development Plan and is not consistent with the adopted Future Land Use Plan, which slates the property for light industrial uses. Plat Status: The property is currently platted and will be replatted into one lot. Case # 0413 -04 The Palms at Leopard Page 3 Department Comments: • Vacant buildings currently occupy the subject property and present a hazardous environment. Allowing a multifamily use on the property will improve the desirability of the neighborhood and will redevelop unused and dilapidated property. • The Future Land Use Plan calls for future light industrial uses on the subject property and surrounding properties. Although inconsistent with the Future Land Use Plan, a multifamily use will not negatively affect the surrounding properties. • This rezoning is a reasonable expansion of the planned commercial uses and existing "Cl" Intensive Commercial District along Leopard Street. Planning Commission and Staff Recommendation (April 24, 2013): Approval of the change of zoning from the "IH /SP" Heavy Industrial District with a Special Permit to the "Cl" Intensive Commercial District. Number of Notices Mailed — 26 within 200' notification area; c 2 outside notification area 0 As of April 25, 2013: In Favor — 10 (inside notification area); 0 (outside notification area) a 0 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 14 15 16 M QUDD y El CgIVRE cE OR 2 ^ b M N M b N Q M N .� F "PORT FROM 1H 37 RMP N Q M N M f VAN TEL OP-E.TST r"111,11, .......'c:: ......... .,, ......,LL......, Q M 17 Z 6 Q N y m N W' Q �' b ♦P M m O' m 14, CQ R: R N M Lu F a' .... .............:..........LEOPARD ST ......,.............. . .............:................. p B 18 O $ O s N M Q N b ^ m a aSubject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table /� in opposition SUBJECT PROPERTY pN E S N M Q N b City of Coleus Christi N I IN NU I IGt AHLA & UWNtKSF11F' RM -1 Multifamily 1 IL Light Industrial RM -2 Multifamily 2 IH Heavy Industrial RM -3 Multifamily 3 PUD Planned Unit Dev. Overlay ON Professional Office RS -10 Single - Family 10 RM -AT Multifamily AT RS -6 Single- Family 6 CN -1 Neighborhood Commercial RS4.5 Single- Family4.5 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 RS -TH Townhouse CG -2 General Commercial SP Special Permit Cl Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial RMH Manufactured Home CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park aSubject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table /� in opposition SUBJECT PROPERTY pN E S N M Q N b City of Coleus Christi N I IN C.3 t- wz U) w flr 0 ac a uj H Ordinance amending the Unified Development Code ( "UDC ") upon application by The Palms at Leopard, Ltd. ( "Owner "), by changing the UDC Zoning Map in reference to a 2.11 -acre tract of land out of Tract C, Hawn Tract, and all of Tracts D and E, Hawn Tract, from the "IH /SP" Heavy Industrial District with a Special Permit to the "Cl" Intensive Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of The Palms at Leopard, Ltd. ( "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, April 24, 2013, during a meeting of the Planning Commission, and on Tuesday, May 28, 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 The Palms at Leopard, Ltd. ( "Owner "), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on a 2.11 -acre tract of land out of Tract C, Hawn Tract, and all of Tracts D and E, Hawn Tract (the "Property "), located along the east side of Palm Drive between Leopard Street and Lipan Street, from the "IH /SP" Heavy Industrial District with a Special Permit to the "Cl" Intensive Commercial District (Zoning Map No. 047044), as shown in Exhibits "A," "B," and "C." Exhibit A, which is a metes and bounds description of the 2.11 -acre tract of land out of Tract C, Hawn Tract, Exhibit B, which is a map to accompany the metes and bounds description, and Exhibit C, which is a location map pertaining to the Property, 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 (a 2.11 -acre tract of land out of Tract C, Hawn Tract, and all of Tracts D and E, Hawn Tract) 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 ATTEST: Armando Chapa City Secretary day of , 20 Nelda Martinez Mayor 0413 -04 Ordinance The Palms at Leopard Page 2 of 2 P Buiry+Partners ENGINEERING SOLUTIONS 2.110 ACRES FN NO. 103639- 50008 -1 (3,790 Sq.Ft.) FEBRUARY 14, 2011 103639- 50008.DWG JOB NO. R0103639 -50008 SIEM NOTE DESCRIPTION 2.110 ACRE TRACT OF LAND SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES, COUNTY, TEXAS, BEING A PORTION OF TRACT -C ", OF THE HAWN TRACT, A SUBDIVISION OF RECORD IN VOLUME 19, PAGE 7 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS; SAID 2.110 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, WITH ALL BEARINGS BEING REFERENCED TO THE NORTHERLY LINE OF SAID LOT "C ", BEING S 890 41' 00" E: CpMMCING, AT THE INTERSECTION OF THE SOUTHERLY RIGHT OF WAY LINE OF LEOPARD ST. WITH THE EASTERLY RIGHT OF WAY LINE OF PALM DRIVE, FOR THE NORTHWESTERLY CORNER OF SAID TRACT "C "; THENCE, ALONG THE EASTERLY RIGHT- OF-WAY LINE OF PALM DRIVE, SAME BEING THE WESTERLY LINE OF SAID TRACT "C ", S 000 19' 00" E, A DISTANCE OF 199.92 FEET TO A POINT FOR THE NORTHWESTERLY CORNER OF HEREIN DESCRIBED TRACT, AND THE POINT OF BEGINNING; THENCE, LEAVING THE EASTERLY RIGHT -OF -WAY LINE OF PALM DRIVE, INTO AND ACROSS SAID TRACT "C ", S 890 41' 00" E, A DISTANCE OF 457.28 FEET TO A POINT FOR THE NORTHEASTERLY CORNER OF HEREIN DESCRIBED TRACT; THENCE, ALONG THE EASTERLY LINE OF SAID TRACT "C ", S 010 33' 00" E, A DISTANCE OF 200.19 FEET TO A POINT FOR THE SOUTHEASTERLY CORNER OF HEREIN DESCRIBED TRACT; THENCE, ALONG THE SOUTHERLY LINE OF SAID TRACT "C", S 890 41' 00" E, A DISTANCE OF 461.58 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF PALM DRIVE, FOR THE SOUTHWESTERLY CORNER OF HEREIN DESCRIBED TRACT; THENCE, ALONG THE EASTERLY RIGHT -OF -WAY LINE OF PALM DRIVE, SAME BEING THE WESTERLY LINE OF SAID TRACT "C ", N 000 19' 00" E, A DISTANCE OF 200.09 FEET TO THIS POINT OF BEGINNING, CONTAINING AN AREA OF 2.110 ACRES (91,923 S4. FT.) OF LAND, MORE OR LESS. i0:N:ii:11wall PAGE 2 OF 3 "This document was prepared under 22 reflect the results of an on the ground used to convey or establish interests those rights and interests implied creation or reconfiguration of the be subdivision for which it was prepared." TAC §663.21, does not survey, and is not to be in real property except or established by the ,undary of the political Note: A sketch of even date accompanies this Legal Description. HAL B. LANE III REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NUMBER 4690 BURY+PARTNERS, INC. 922 ISOM ROAD; SUITE 100 SAN ANTONIO, TEXAS 78216 2101525-9090 : *AA Mo I 1 -.111 FWAI ri HAL B. LAND lil ..y ............. .." o .— L8DFMW W. W-PAW) -- 2M ACM (mom sm IT4 REMAINDER HAPORM OFT TRACT 'C* VOLUME 1% PACE 7 MAP RECORDS OF NUECES COUNTY, TEXAS ON ACM HAM TRACT VOLUME 19. FACE 7 MAP RECORDS OF NUECES COUNTY; TEXAS it 2fi0 ACM HAIW TRACT VOLUME 19. PAGE 7 MAP RECORDS OF NUECES COUNTY, TOM (2) i4AM TRACT VOLUME 19, PAGE 7 MAP RECORDS OF NUECES COUNTY.YEKAS ED 0 OW ACM HAWK TRACT V='4' I 9P7W � RECORDS OF NUECES TEXAS oBury+Pmfters SKETCH TO ACCOMPANY DESCRPTION OF NRP PROPERTIES. LLC IM A01109 2M0 ACRES OF LAND SITUATED IN THE CITY OF ^m ft ff.) omolWag RINO SOLUTIONS PORTION OF TRACT %r AND PALM DR. HAM TRACT poRnoN OF TRACT "C*. OF THE HAWN TRACT. A SUBDIVISION OF RECORDS IN VOLUME 19, PAGE 7 VOLUME 19. PAGE 7 MAP RECORDS 74L MWp*-m hs (11"Wom OF NUECES COUNTY. TEXAS bot"hebinw-Sk bmL OOMTW S TEXA. WWOWX 24"4 ON ACM HAM TRACT VOLUME 19. FACE 7 MAP RECORDS OF NUECES COUNTY; TEXAS it 2fi0 ACM HAIW TRACT VOLUME 19. PAGE 7 MAP RECORDS OF NUECES COUNTY, TOM (2) i4AM TRACT VOLUME 19, PAGE 7 MAP RECORDS OF NUECES COUNTY.YEKAS ED 0 OW ACM HAWK TRACT V='4' I 9P7W � RECORDS OF NUECES TEXAS oBury+Pmfters SKETCH TO ACCOMPANY DESCRPTION OF NRP PROPERTIES. LLC 2M0 ACRES OF LAND SITUATED IN THE CITY OF LEOPARD ST. omolWag RINO SOLUTIONS CORPUS CHRIS11, NUECES COUNTY, TEXAS, BEING A AND PALM DR. w boa I" hA* lee so AM" u "no poRnoN OF TRACT "C*. OF THE HAWN TRACT. A SUBDIVISION OF RECORDS IN VOLUME 19, PAGE 7 NUECES COUNTY. TEXAS. 74L MWp*-m hs (11"Wom OF THE MAPS RECORDS OF NUECES COUNTY- bot"hebinw-Sk bmL OOMTW S TEXA. ers N." 16"m DATE. 02/14/11 DRAWN BY. MAV H:\lGM39-5DOO8ZONE—EXHIBIT. -4rm NO, 10 PROJECT Na R0103639-50008.92 ILZ, — 0AN om I 1 -.118 -.1 8 "'PORT FROM IH 37,RMP ............. ANTELOPE ST ... .. .......... .............. ....................... .. 16 ) 17 El a U 0 4 IV UJ -k ca W .4, 9L Vce oR„ .... ...... LEOPARD 'ST . ..... .... ........... ............... / ...... ....... ....... .. . ..... ...... .......... . 90 ca .... .. MESTINA ST .... Z II G) J LSSUB JECT E CT PROPERTY 0 400 6 CASE: 0413-04 1. SUBJECT PROPERTY Subject Property EXHIBIT C r, / � I INN City of COJUS Christi MISey3 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 28, 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. Robert W. Baird & Company, Inc. 9. SAMCO Capital Markets, Inc. 10. Southwest Securities, Inc. 11. 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. Siebert Brandford Shank & Co., L.L.C. � - Indicates retail branches in Corpus Christi 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.oaram 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. ®,.: 1 !!11 1111 111 1 Jill area and this also gives the students necessary job train ing to help them to stay in Corpus Chri�sti. 11060 I 101 MONS A A I AMA 0 FINANCIAL IMPACT: o Operating o Revenue o Capital o Not applicable XMEGRW• 6 �, 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 Corpus Christi, Texas of �.�:�.�i►ra►�y�.za�w_0i , 2013 THE CITY OF CORPUS CHRISTI Nelda Martinez Mayor 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 , 20137 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 , 20137 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 1010 71►►G1►N1 :8IMIAAFW_'ri m sFre Nelda Martinez Mayor Page 1 of 2 Ordinance Amending the Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and Del Mar College ( "Del Mar ") for an Intern Program for small businesses, dated August 21, 2012; 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 Type A Corporation to Del Mar for an intern program to support small businesses; Amending 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 the Type A Corporation agrees that it is in the best interests of the residents of the City of Corpus Christi to amend the Small Business Incentives Agreement between the Type A Corporation and Del Mar for an Intern Program for small businesses, dated August 21, 2012, to provide the additional funding requested by Del Mar. SECTION 2. 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 3. 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: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary ORDINANCE Del Mar Amending K Nelda Martinez 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 ORDINANCE Del Mar Amending K 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 Two Hundred Forty Six Thousand Twenty Seven and 35/100 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: Attest: By: Robert Tamez President 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 1pjjjg � - r $� TO: Ronald L. Olson, City Manager THROUGH- Wes Pierson, Assistant City Manager (361) 826-3082 wesp@c:ctexas.com FROM- Mike Culbertsop� (361) 882-7448 mculbertson@ccredc.col Ordinance - Amendment to Type A agreement for Texas A&M University — Corpus Christi Internshio Prr ram (Orininall Acireement Passed 08/21/12) W-Ailfl-411,13 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. 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 ■ 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 are requesting $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 HIP 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 ■ promoting economic development aLVW' helping small businesses thrive in Corpus Christi. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable MEMEW11.1m�R Staff recommends that the City Council authorize this increase in funding for this valuable program LIST ■ PPORTING DOCUMENTS: Ordinance Certification of Funds Amended Business Incentive Agreement Del Mar College Intern Program 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 101V Q 1► /G1►[N arGldil1aKW -1r1 10Mrs , 2013 THE CITY OF CORPUS CHRISTI Nelda Martinez Mayor 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 , 20137 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 , 20137 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 �.�:�.�i►ra►�y�raw��aKy_00 Nelda Martinez Mayor Page 1 of 2 Ordinance Amending the Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and Texas A &M University — Corpus Christi ("TAMU - CC") for an Intern Program for small businesses, dated August 21, 2012; Appropriating $35,060 from the unreserved fund balance in the No. 1140 Business /Job Development Fund for a small business incentives grant from the Type A Corporation to TAMU -CC for an intern program to support small businesses; Amending 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 the Type A Corporation agrees that it is in the best interests of the residents of the City of Corpus Christi to amend the Small Business Incentives Agreement between the Type A Corporation and TAMU -CC for an Intern Program for small businesses, dated August 21, 2012, to provide the additional funding requested by TAMU -CC. SECTION 2. 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 3. 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: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary ORDINANCE TAMU -CC Amending intern k Nelda Martinez 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 ORDINANCE TAMU -CC Amending intern k FIRST AMENDMENT TO THE SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND TEXAS A &M UNIVERSITY — CORPUS CHRISTI 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 Texas A & M University -- Corpus Christi, a Texas institution of higher education ( "TAMU -CC "). WHEREAS, the Corporation and TAMU -CC entered into that certain Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and TAMU - CC for an Intern Program to support small businesses, dated August 21, 2012 ( "Agreement'); 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 Two Hundred Twenty Five Thousand Six Hundred Ninety 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 -CC's Small Business Employer Intern Program. 3. 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 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 , Mv WIN W n. By: Robert Tamez President Date: Attest: By: Armando Chapa Assistant Secretary Texas A & M Univ !,sity — Corpus Christi By: Luis Cifdentes Vice F(resident for R c' , Commercialization & Outreach Date: I ct U14i kl 0 W-ML-1-1016 U, I.-T. I MI. r, I W• 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 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 0 I , 0 Staff recommends approval of this Chapter 380 agreement with Staples Center Retail Venture, LP. LIST OF SUPPORTING DOCUMENTS: 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 RESOLUTION Staples Center 380 Agmt 4 -1 -13 Nelda Martinez Mayor 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"41,14 M-0-MILIVOLVIN 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 Agmt 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. "City, 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-nance 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-nance 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-riprovements 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 (24th} 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-Requirements. (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-nal 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-JJ—(4!XAL DiUTMS AND RESPONSIBILITIES Section 5.01 Amendment of Agreement. 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'h) 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-rich 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 IN 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 380 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 JI 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-ion 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-lighting. 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 EXHIBIT B Project Capital Improvements Paize IS of 24 Staples Center 380 Agmt 2-28-13 Exhibit C rsl I Fill li'i Ili I IF 1111,11111 1111111111 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 29400'00" 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 61400'00" 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 67451'03 ", a radius of 20.00 feet, a tangent length of 13.45 feet, the long chord of which bears North 85425'32" 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 61400'00" 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 29000'00" West, with the cast boundary of this tract, 201.80 feet to a 5/8 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 5/8 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 48010'35" 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 81,054'00" 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 90100'00", 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 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 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. 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-allocation . 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 a m a 0 m > Lm a� ca — (A 0 r Lm 0) two 401 a LJ m 8_ CL: 0 Q) U is 0 r Mo 0 .— r-4 0 Lm 0 > a� o E 4-j Ln m 1. c •O V Q) buo O Q !uA .buo L L O X J 0 a i L O c co E w O V E cr Cf W V L- 0 E O buo bA V O Q •V O V a--+ so N i Q cry N fB C C: (3) (3) ca O E E Q V (3) bD a--� ) bA L • }' (3) Q) ca - V bA buo CAA , - c -0 (3) •i � a--+ m w c •O V Q) buo O Q !uA .buo L L O X J 0 a i L O c co E w O V E cr Cf W V '} � \ � } � \ � \ q� � } }�\ }�\ � \ � \ � } � d Ll �� V i 4� LM 4� 0 buo O Cu0 •� _0 -0 E 0 w can _0 N V (3) :3 L -0 fB O E N a--+ _0 C: O a) •i � V O }, V •- C .- V a V .. — c� s ._ o Jc +� LM 0 CL CL m 4� o LM � z ja bA• O 0 a E Lm v1MO ca s � r 4-1 LM /A `v 4-1 e LM sm O Lm 0 'Kill a O HII �A i 0 0 s 0 a I i i ! 2 i i i 1 • 2 ! 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A Iffit • Yid y; DATE: 5/22/2013 AGENDA MEMORANDUM First Reading for the City Council Meeting of May 14, 2013 Second Reading for the City Council Meeting of May 28, 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. On May 14, 2013 staff presented the first reading of the ordinance adopting the Water Conservation Plan and Drought Contingency Plan. Members of the council asked for several clarifications to the proposed language. The following changes were made to the documents based on Council Direction. BACKGROUND AND FINDINGS: Based on City Council recommendations, below are changes made by staff prior to the second reading. • During Stages 3 -5, a trigger point of 3,000 gallons per month is established for residential customers before a drought surcharge is added. • Residential customer's bill will remain the same up to and including 3,000 gallons. Consumption above 3,000 gallons per month will result in a drought surcharge up to and including 100% of the total monthly water bill over 3,000 gallons. • The drought surcharge for residential customers during Stages 3 -5 may be implemented with City Council approval. • During Stage 3, the discontinuing of fire hydrants for construction purposes may be implemented with City Council approval. • During Stage 4, the suspension of new, additional, or increased -in -size water service connections may be implemented with City Council approval. • The Water Allocation and Review Committee responsibilities will be completed by City staff. • New industrial customer allocations will be based on 90% or their maximum monthly contracted usage until 12 months of billing history is available. 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 of applicable Project to Date Fiscal Year: 2011- Expenditures 2012 (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 Director of Water Operations or his designee. (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 Director of Water Operations or his designee 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 Director of Water Operations or his designee 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 Director of Water Operations or his designee.. 3) Use of water for dust control without permit granted by the Director of Water Operations or his designee. (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 Ej 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 Director of Water Operations or his designee, 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 with potable water 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, with City Council approval , 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 total monthly water bill over the monthly allocation 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, 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 and shall be done by hand or drip irrigation method. (4) During Stage 4, the following measures are optional water use restrictions that may be implemented by the City Manager, or designee, with City Council approval, 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 total monthly water bill over the monthly allocation 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 10 restrictions. Surcharges and reduced allocations are enforceable during Stage 5 water shortage conditions, as described in Section 55 -154. 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 except as modified below: a) Irrigation of landscaped areas is absolutely_ prohibited. b) Use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle is absolutely_ prohibited. c) Associated uses of water not related to business process which are discretionary, 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, with City Council approval, as conditions warrant: 11 For residential and multi -unit customers, a drought surcharge of up to and including 100% of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use. 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 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) With City Council approval, 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 Director of Water Operations or his designee on grounds of unnecessary hardship through the process outlined in Section 55 -155. (6) Drought surcharge funds will first be applied towards annual debt service payments and operating and maintenance expenses of the Water Department as reflected in the City operating budget to offset revenue loss due to drought conditions. Additional funds will be reported to City Council for City Council direction. (b) Residential water customers, who are not billed throy h a master water meter. 12 1. A monthly base amount of 3,000 gallons shall be established as a trigger point for each customer. Water consumption up to and including this amount will not include a drought surcharge 2. Above the 3,000 gallon monthly consumption trigger point, with City Council approval, a drought surcharge shall be added up to and including 100% of the customer's total monthly water bill over the allocation. (c) Residential customers who are billed from a master water meter. 1. Once Stage 2 condition has been declared, property managers of multi- tenant units shall notify the City Director of Water Operations of number of residential units in their facility for determination of allocations. Until so notified, the Cites calculate the allocation based on two residential units per master water meter. A monthly base amount of 3,000 gallons shall be established as a trigger point for each residential unit. 2. When consumption for the month is less than or equal to 3,000 gallons times the number of residential units, there will be no surcharge. 3. With City Council approval, when consumption is above the 3,000 gallons times the number of units, a drought surcharge shall be added up to and including 100% of the customer's total monthly water bill over the allocation. (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 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 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 by the City Manager, 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. (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). (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 bercent 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 monthl allocation shall be 1/12 of 90% of the customer's maximum annual contracted amount until 12 months of billing history are established. However if the industrial customer does not have a water contract and does not have at least 12 months of billing history, then the new industrial customer will provide data regarding expected water use and City will determine allocation based on 90% of expected use to determine initial allocation until 12 months of billing history are established. 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. 14 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 usage 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 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. (f9 Commercial, institutional, and industrial customers shall pay the following drouzht surchar (1) Customers whose allocation is 6,000 gallons through 20,000 alg lons per month: a. $5.00 per 1,000 gallons for the first 1,000 gallons over allocation. b. $8.00 Der 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 uallons over allocation. Customers whose allocation is 21,000 alg lons per month or more: a. One times the block rate for each 1.000 uallons in excess of the allocation up through 5 percent above allocation. b. Three times the block rate for each 1.000 uallons from 5 Dercent through 10 percent above allocation. c. Five times the block rate for each 1.000 uallons from 10 Dercent through 15 percent above allocation. 15 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 charue to the customer Der 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 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 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 (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). 16 (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 reauest 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: 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. 17 (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. Requests for exemptions and variances. (a) The Director of Water Operations or his designee, -may, in writing grant a temporary variance to any of the provisions for water users found in this Article XII upon 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 or variance from the provisions of this Ordinance shall file request on City - provided application for exemption /variance with the City Water Department within 5 days after a particular drought response stage has been invoked. All request forms shall be reviewed by the Director of Water Operations or his designee, 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. 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 or variance requested 6. Period of time for which the exemption or variance is sought. 7. Alternative water use restrictions or other measures the water user is 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 nor variance shall be retroactive or otherwise ordinance occurring prior to the issuance of the exemption /variance. 1631iICOWGIY -11 violation of this 18 (d) All requests for variances /exemptions shall be reviewed and determined within three business days of receipt of complete application. (e) The Director of Water Operations or his designee shall consider requests of water users for special consideration to be given as to their respective particular circumstances 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, it shall be in effect from the time of granting through the termination of the then current stage, unless revoked by the Director of Water Operations 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) A person denied request for permit or exception from these rules may appeal the decision to the Assistant City Manager for Public Works, Utilities and Transportation by submitting written request for appeal to the Assistant City Manager within five business days from issuance of denial. The decision of the Assistant Citv Manauer shall be final. 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 19 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. 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: A minimum of two thousand (2.000) acre -feet Der 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 (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 20 resolution of the city council based on the city manager's assessment of the severity of 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)Ubon reauest 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 usaue: 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 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-allocation . 21 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 percent above the monthly allocation. c) Variances. (1) The city manager, or the City Manager's designee, may, in writing, grant a temporary variance to the pro rata water allocation policies provided by this section 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 (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. Raw water or wholesale treated water customers reauestina an exembtion 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). b. Detailed statement with supporting data and information as to how the pro 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 betitioner comblies 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. ii 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 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 .................................................................................. ............................... 23 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 E. Ordinance Adopting WCP & DCP ........................................... ............................... 69 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. 2 • 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. 3 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 E_ O d d L Q Q L d d v d d L t d t v i Q Q L d i Nd N i d m U d w 0 CL m N N L LL 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 79th 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. 7 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. 8 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 Beeville 12,863 ? Portland 15,09 Bishop 3,134 Riviera 1,960 Driscoll 741 Robstown 11,48' Fulton 1,358 Rockport 8,766 Gregory 1,902 Taft 3,038 Ingleside 9,361 Three Rivers 1,851 9 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 4,514 1 1,471 Mathis 6 632 2 206 Celanese 9 997 3 325 Flint Hill Resources 4 4,623 1 1,506 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. Table 3.3. Raw water demand (diversions) in 2011 from Lake Texas & Mary Rhodes Pipeline by Customer (acre -ft and million gallons). 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. N 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 Target Inflows (ac -ft) Month Target Inflows (ac -ft January 2,500 July 6,500 February 2,500 August 6,500 April 3,500 October 20,000 May 25,500 November 9,000! June 25,000 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. if Figure 3.4. Treated Water Use by Customer Class (wholesale included) Institutio 5% Commercial 15% Whnlesale 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) Residential - Multi- family 1% Commercial 3.5 Seasonal Demands � t�onai 0 !sidential - igle Family 90% 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. 13 100 0 90 a a EM-11f, m C7 0 = 70 0 60 0 a 50 0 M Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 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 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 m 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 Capita Per Dav (apcd) in 2012 1. single tamely+ multi - tamely 2. Equals residential use + residential population + 366 days Table 4.3. Total Water Loss (Fiscal Year 2012) 17 1. Equals real + apparent + unidentified losses 2. Equals total water loss + permanent population + 366 days Table 4.4. Targets and Goals 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 Educate youth about water Ongoing resources and the importance i of conservation i Xeriscape education Educate the public about Ongoing Xeriscaping through the Xeriscape garden, fliers, and the annual svmoosium System Water Audit and To identify areas of water loss Annually Water Loss to target remediation efforts 18 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. In addition, the Water Department is using its automatic meter reading (AMR) system to identify leaks by alerting staff when there are unusual spikes in consumption. 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 77th 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 V47HIMPOTMEFROV, 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 City: Corpus Christi zip Code: 78469 -972: Telephone Number: 361- 826 -1874 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 [ Section 1: Utility Data A. Population and Service Area Data 140 1. Current service area size in square miles: (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 Designed daily capacity of system Storage Capacity: 161,000,000 Elevated 5,000,000 gallons Ground 55,150,000 gallons 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 vvateruseoategory. *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 Vears. B. Retail Water Accounting Data - Water Use Categories For the previous five Vears enter the number of gallons of RETAIL water provided ineach major water use category. *For definitions on recommended customer categories for classifying customer water use, refer m the Guidance and. Method o logy.f or. Repo rti,ng_o n_,Water Conservation and Water Use. M Net Number of New Retail Connections Water Use Category* 2008 2009 2010 2011 2012 Residential - Single 1,000 423 263 568 1,048 Family 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 *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 Vears enter the number of gallons of RETAIL water provided ineach major water use category. *For definitions on recommended customer categories for classifying customer water use, refer m the Guidance and. Method o logy.f or. Repo rti,ng_o n_,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 1,705,178,000 1 611 643 000 1,391,348,000 1 511 280 000 1,662,045,000 February 1,595,165,000 1,640,234,000 1,470,857,000 1,724,705,000 1,619,771,000 March 1,723,181,000 1 916 407 000 1,713,651,000 1 708 092 000 1,543,683,000 April 1,967,995,000 2,065,702,000 1,782,504,000 1,939,644,000 2,054,751,000 May 2,363,196,000 2 109 063 000 1,915,393,000 2 164 708 000 2,211,578,000 June 2,279,660,000 2,456,525,000 1,939,886,000 2,138,681,000 2,125,106,000 July 1,989,1591000 2 482 952 000 1,919,630,000 2 279 337 000 2,353,010,000 August ' 2,319,544,000 2,195,283,000 2,027,583,000 2,432,124,000 2,315,491,000 September 1,793,681,000 1 745 541 000 1,612,313,000 2 067 756 000 2,079,607,000 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 1,736,200,000 1 549,330,000 1 609,584,000 1 7271493,000 11766,517,000 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 180,547,000 150,101,000 76,936,000 129,606,000 121,931,000 March 174,000,000 156,213,000 170,231,000 137,145,000 156,124,000 April 136,035,000 184,4261000 128 195 000 155,815,000 104,726,000 May 200,670,000 174,190,000 175,164,000 165,362,000 57,205,000 June 181,369,000 178,229,000 159,264,000 182,150,000 69,286,000 July 188,869,000 196,160,000 149,023,000 186,308,000 74,054,000 August 174,305,000 166,261,000 177,803,000 172,425,000 81,272,000 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 153,705,000 125,789,000 143,971,000 143,022,000 105,173,000 December 154,140,000 117,639,000 159,789,000 130,041,000 123,724,000 TOTAL 2,095,504,000 1,9 6 515 000 1,741,663,000 1,830,879,000 1,277,520,000 [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 83,960,000 5% 2011 945,865,000 98,830,000 3% 2012 1,893,644,000 17 7% 5 -year average 835,585,000 3 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.f 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. *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. sm 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 147,242,000 167,103,000 103,230,000 147,113,000 124,898,000 March 150,369,000 178,741,000 157,652,000 171,023,000 192,433,000 April 185,119,000 203,1861000 128,302,000 293,961,000 119,278,000 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 176,021,000 177,458,000 216,989,000 222,656,000 74,467,000 October 174,066,000 174,148,000 168,765,000 202,247,000 133,888,000 November 164,012,000 149,933,000 149,667,000 182,775,000 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 2,095,074,000 2 308 082 000 1,384,065,000 RAW �7� 2008 2009 2010 2011 2012 January 747,373,000 773,039,000 636,782,000 722,659,000 933,462,000 February 836,069,000 724,658,000 506,561,000 621,342,000 571,041,000 March 760,960,000 845,572,000 879,568,000 1,352,647,000 745 128 000 April 800,326,000 964,408,000 670,209,000 515,765,000 931,564,000 May 900 475 000 878,828,000 807,813,000 954,518,000 812,428,000 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 1,193,283,000 1,030,782,000 August 881,319,000 1,047,826,000 719 526 000 1,352,491,000 1 336 807 000 September 739,859,000 806,000,000 605,666,000 1,130,371,000 1,245,427,000 October 924,450,000 755,351,000 562,124,000 1,062,881,000 880 124 000 November 793,863,000 754,721,000 652,893,000 844,904,000 1,053,925,000 December 671,343,0001 532,941,000 609,665,000 807,0821,0001 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. 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. Total Annual Volume (in gallons) On -site irrigation 2010 Plant wash down 2012 Chlorination /de- chlorination 844,794,000 Industrial 983,432,000 Landscape irrigation (parks, golf courses) 456,000,000 Agricultural 767,407,000 Discharge to surface water 1,024,434,000 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 932,520,000 825,497,000 854,765,000 800,327,000 817,563,000 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� ;y 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-to 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-the. 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 remaining 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,in 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.'25",* 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-of 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 (17 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 Residential First 2,000 Next 4,000 Next 4,000 Next 5,000 Next 15,000 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 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 M:I 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 rct (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 r`i 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 Director of Water Operations or his designee. (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. MAI (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 burrooses. ( 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 73 review and approval by the Director of Water Operations or his designee 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 Director of Water Operations or his designee 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 hvdrants shall be limited to fire fiahtina_ 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. 74 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 Director of Water Operations or his designee.. 3) Use of water for dust control without permit granted by the Director of Water Operations or his designee. (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 ri 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 Director of Water Operations or his designee, 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 with potable water 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, with City Council approval , 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 total monthly water bill over the monthly allocation 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: rip, • 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, 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 and shall be done by hand or drip irrigation method. (4) During Stage 4, the following measures are optional water use restrictions that may be implemented by the City Manager, or designee, with City Council approval, 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 total monthly water bill over the monthly allocation 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 77 restrictions. Surcharges and reduced allocations are enforceable during Stage 5 water shortage conditions, as described in Section 55 -154. 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 except as modified below: a) Irrigation of landscaped areas is absolutely_ prohibited. b) Use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle is absolutely_ prohibited. c) Associated uses of water not related to business process which are discretionary, 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, with City Council approval, as conditions warrant: 78 For residential and multi -unit customers, a drought surcharge of up to and including 100% of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use. 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 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) With City Council approval, 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 Director of Water Operations or his designee on grounds of unnecessary hardship through the process outlined in Section 55 -155. (6) Drought surcharge funds will first be applied towards annual debt service payments and operating and maintenance expenses of the Water Department as reflected in the City operating budget to offset revenue loss due to drought conditions. Additional funds will be reported to City Council for City Council direction. (b) Residential water customers, who are not billed throy h a master water meter. M!, 1. A monthly base amount of 3,000 gallons shall be established as a trigger point for each customer. Water consumption up to and including this amount will not include a drought surcharge 2. Above the 3,000 gallon monthly consumption trigger point, with City Council approval, a drought surcharge shall be added up to and including 100% of the customer's total monthly water bill over the allocation. (c) Residential customers who are billed from a master water meter. 1. Once Stage 2 condition has been declared, property managers of multi- tenant units shall notify the City Director of Water Operations of number of residential units in their facility for determination of allocations. Until so notified, the Cites calculate the allocation based on two residential units per master water meter. A monthly base amount of 3,000 gallons shall be established as a trigger point for each residential unit. 2. When consumption for the month is less than or equal to 3,000 gallons times the number of residential units, there will be no surcharge. 3. With City Council approval, when consumption is above the 3,000 gallons times the number of units, a drought surcharge shall be added up to and including 100% of the customer's total monthly water bill over the allocation. (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 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 best effort to see that notice of each commercial or institutional customer's allocation is mailed to such customer. 80 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 by the City Manager, 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. (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). (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 bercent 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 monthl allocation shall be 1/12 of 90% of the customer's maximum annual contracted amount until 12 months of billing history are established. However if the industrial customer does not have a water contract and does not have at least 12 months of billing history, then the new industrial customer will provide data regarding expected water use and City will determine allocation based on 90% of expected use to determine initial allocation until 12 months of billing history are established. 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. 81 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 usage 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 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. (f9 Commercial, institutional, and industrial customers shall pay the following drouzht surchar (1) Customers whose allocation is 6,000 gallons through 20,000 alg lons per month: a. $5.00 per 1,000 gallons for the first 1,000 gallons over allocation. b. $8.00 Der 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 uallons over allocation. Customers whose allocation is 21,000 alg lons per month or more: a. One times the block rate for each 1.000 uallons in excess of the allocation up through 5 percent above allocation. b. Three times the block rate for each 1.000 uallons from 5 Dercent through 10 percent above allocation. c. Five times the block rate for each 1,000 gallons from 10 percent through 15 percent above allocation. 82 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 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 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 (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). 83 (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 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 reauest 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: 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. 84 (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. Requests for exemptions and variances. (a) The Director of Water Operations or his designee, -may, in writing grant a temporary variance to any of the provisions for water users found in this Article XII upon 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 or variance from the provisions of this Ordinance shall file request on City - provided application for exemption / variance with the City Water Department within 5 days after a particular drought response stage has been invoked. All request forms shall be reviewed by the Director of Water Operations or his designee, 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. 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 or variance requested 6. Period of time for which the exemption or variance is sought. 7. Alternative water use restrictions or other measures the water user is 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 nor variance shall be retroactive or otherwise ordinance occurring prior to the issuance of the exemption /variance. 1631iICOWGIY -11 violation of this 85 (d) All requests for variances /exemptions shall be reviewed and determined within three business days of receipt of complete application. (e) The Director of Water Operations or his designee shall consider requests of water users for special consideration to be given as to their respective particular circumstances 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, it shall be in effect from the time of granting through the termination of the then current stage, unless revoked by the Director of Water Operations 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) A person denied request for permit or exception from these rules may appeal the decision to the Assistant City Manager for Public Works, Utilities and Transportation by submitting written request for appeal to the Assistant City Manager within five business days from issuance of denial. The decision of the Assistant Citv Manauer shall be final. 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 E:Z: 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. (t) 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. 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: A minimum of two thousand (2.000) acre -feet Der 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 (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 87 resolution of the city council based on the city manager's assessment of the severity of 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)Ubon reauest 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 usaue: 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 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-allocation . 88 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 percent above the monthly allocation. c) Variances. (1) The city manager, or the City Manager's designee, may, in writing, grant a temporary variance to the pro rata water allocation policies provided by this section 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 (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. Raw water or wholesale treated water customers reauestina an exembtion 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). b. Detailed statement with supporting data and information as to how the pro 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 betitioner comblies 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. 89 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 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. [.*It 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. psi 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 City Secretary Nelda Martinez Mayor [*.y 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 8.5 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 .. ............................... 13 12. Requests for Exemptions and Variances ...... ............................... ...........19 13. Enforcement ......................................... .............................20 14. Variances ........................................... .............................21 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 ...................................................... .............................22 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 Ordinance Adopting WCP & DCP .............................................................. ............................... 45 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). 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 DCP; • use of water to wash any motor vehicle, motorbike, boat, trailer, 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. 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. 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. 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 time. 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 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 DCP 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 DCP 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 DCP 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 DCP when the combined storage levels declines to below 20 percent. Requirement for termination — Stage 4 of the DCP 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 DCP 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.co ) • 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 Director of Water Operations or designee. 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 Reducina 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 DCP. (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 Director of Water Operations or designee, 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 Director of Water Operations or designee 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: 1. Wash -down of any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard - surfaced areas; 2. Use of water to wash down buildings or structures for purposes other than immediate fire protection without permit granted by the Director of Water Operations or designee; 3. Use of water for dust control without permit without permit granted by the Director of Water Operations or designee; 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 Director of Water Operations or designee, 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 with potable water 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, with City Council approval, 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 total monthly water bill over the monthly allocation 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: itt 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: 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, 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 and shall be done by hand or drip irrigation method. Optional Measures: During Stage 4, the following measures are optional water use restrictions that may be implemented by the City Manager, or designee, with City Council approval, 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 total monthly water bill over the monthly allocation 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. i`i 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 or designee. For emergency water shortage conditions associated with contamination of Nueces Basin stored supplies, the City, under the City Manager or designee'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. 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 except as modified below: a) Irrigation of landscaped areas is absolutely prohibited. b) Use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle is absolutely prohibited. c) Associated uses of water not related to business process which are discretionary, 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, with City Council approval, as conditions warrant: a) For residential and multi -unit customers, a drought surcharge of up to and including 100% of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use, as explained in Section 11. IV 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. With City Council approval, the City Manager is authorized to determine trigger points or allocations 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 Director of Water Operations or designee on grounds of unnecessary hardship, through the process outlined in Section 12. 6. Drought surcharge funds will first be applied towards annual debt service as reflected in the City operating budget to offset revenue loss due to drought conditions. Additional funds will be reported to City Council for City Council direction. (b) Residential water customers, who are not billed through a master water meter. 1. A monthly base amount of 3,000 gallons shall be established as a trigger point for each customer. Water consumption up to and including this amount will not include a drought surcharge. 2. Above the 3,000 gallon consumption trigger point, with City Council Approval, a drought surcharge shall be added up to and including 100% of the customer's total monthly water bill over the allocation. (c) Residential customers who are billed from a master water meter. 1. Once Stage 2 condition has been declared, property managers of multi - tenant units shall notify the City Director of Water Operations of the number of residential units in their facility for determination of allocations. Until so notified, the City shall calculate the allocation based on two residential units per master water meter. A monthly base amount of 3,000 gallons shall be established as a trigger point for each residential unit. 13 2. When consumption for the month is less than or equal to 3,000 gallons times the number of residential units, there will be no surcharge. 3. With City Council approval, when consumption is above the 3,000 gallons times the number of units, a drought surcharge shall be added up to and including 100% of the customer's total monthly water bill over the allocation. 4. The customer is responsible for passing the demand charge onto the tenant. (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 best effort to see that notice of each commercial or institutional customer's allocation is mailed to such customer. 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. 14 (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 b. If the customer's billing history is shorter than 12 months, the monthly allocation shall be 1/12 of 90% of the customer's maximum annual contracted amount until 12 months of billing history are established. However if the industrial customer does not have a water contract and does not have at least 12 months of billing history, then the new industrial customer will provide data regarding expected water use and City will determine allocation based on 90% of expected use to determine initial allocation until 12 months of billing history are established. 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 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 customer or at the initiative of the City Manager, the allocation may be reduced or increased, if: 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. Ik 6. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. (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. 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 DCP to the tenants or occupants, provided that: a. The customer notifies each tenant in writing II: 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 retail water 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). 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. 17 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: 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. 18 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. Requests for Exemptions and Variances (a) The Director of Water Operations or designee may, in writing, grant a temporary variance to any of the provisions for water users found in this DCP upon 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 or variance from the provisions of this Ordinance shall file request on City - provided application for exemption /variance with the City Water Department within 5 days after a particular drought response stage has been invoked. All request forms shall be reviewed by the Director of Water Operations or designee, 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. 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 DCP. 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 DCP and the compliance date. 8. Other pertinent information; or as required on permit application (c) No exemption nor variance shall be retroactive or otherwise justify any violation of this DCP occurring prior to the issuance of the exemption /variance. (d) The Director of Water Operations of designee shall consider requests of water users for special consideration to be given as to their respective particular circumstances and is hereby authorized to, in special cases, grant such variance from the terms of this DCP 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 DCP will result in IK unnecessary hardship, and so that the spirit of this DCP shall be observed and substantial justice done. (e) Should a permit for special exception be granted, it shall be in effect from the time of granting through the termination of the then current stage, unless revoked by the Director of Water Operations or designee for noncompliance; provided, that the permit is prominently posted on the premises within two (2) feet of the street number located on the premises. (f). A person denied request for permit or exception from these rules may appeal the decision to the Assistant City Manager for Public Works, Utilities and Transportation by submitting written request for appeal to the Assistant City Manager within five business days from issuance of denial. The decision of the Assistant City Manager shall be final. (g) Violations of any permit conditions 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. P 14. Variances A temporary variance for existing water uses otherwise prohibited under this DCP may be obtained through the process outlined in Section 12. 15. Severability It is hereby declared to be the intention of the City that the sections, paragraphs, sentences, clauses, and phrases of this DCP are severable and, if any phrase, clause, sentence, paragraph, or section of this DCP 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 DCP, since the same would not have been enacted by the City without the incorporation into this DCP 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. Poi 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. 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. 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 P4► 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 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. 23 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 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). 24 • 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. 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. Q • 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 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: Q, • 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 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 27 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 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: 28 • 2.0 times the normal water rate per unit in excess of the monthly allocation up through 5 percent above the monthly allocation. • 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� ;y 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-to 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-the. 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 remaining 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,in 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.'25",* 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-of 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 (17 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 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 47 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 Director of Water Operations or his designee. (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. 48 (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 burrooses. ( 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 Director of Water Operations or his designee 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 Director of Water Operations or his designee 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 hvdrants shall be limited to fire fiahtina_ 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 Director of Water Operations or his designee.. 3) Use of water for dust control without permit granted by the Director of Water Operations or his designee. (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 611 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 Director of Water Operations or his designee, 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 with potable water 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, with City Council approval , 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 total monthly water bill over the monthly allocation 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: 6YA • 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, 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 and shall be done by hand or drip irrigation method. (4) During Stage 4, the following measures are optional water use restrictions that may be implemented by the City Manager, or designee, with City Council approval, 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 total monthly water bill over the monthly allocation 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 53 restrictions. Surcharges and reduced allocations are enforceable during Stage 5 water shortage conditions, as described in Section 55 -154. 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 except as modified below: a) Irrigation of landscaped areas is absolutely_ prohibited. b) Use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle is absolutely_ prohibited. c) Associated uses of water not related to business process which are discretionary, 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, with City Council approval, as conditions warrant: 54 For residential and multi -unit customers, a drought surcharge of up to and including 100% of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use. 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 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) With City Council approval, 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 Director of Water Operations or his designee on grounds of unnecessary hardship through the process outlined in Section 55 -155. (6) Drought surcharge funds will first be applied towards annual debt service payments and operating and maintenance expenses of the Water Department as reflected in the City operating budget to offset revenue loss due to drought conditions. Additional funds will be reported to City Council for City Council direction. (b) Residential water customers, who are not billed throy h a master water meter. 6V 1. A monthly base amount of 3,000 gallons shall be established as a trigger point for each customer. Water consumption up to and including this amount will not include a drought surcharge 2. Above the 3,000 gallon monthly consumption trigger point, with City Council approval, a drought surcharge shall be added up to and including 100% of the customer's total monthly water bill over the allocation. (c) Residential customers who are billed from a master water meter. 1. Once Stage 2 condition has been declared, property managers of multi- tenant units shall notify the City Director of Water Operations of number of residential units in their facility for determination of allocations. Until so notified, the Cites calculate the allocation based on two residential units per master water meter. A monthly base amount of 3,000 gallons shall be established as a trigger point for each residential unit. 2. When consumption for the month is less than or equal to 3,000 gallons times the number of residential units, there will be no surcharge. 3. With City Council approval, when consumption is above the 3,000 gallons times the number of units, a drought surcharge shall be added up to and including 100% of the customer's total monthly water bill over the allocation. (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 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 best effort to see that notice of each commercial or institutional customer's allocation is mailed to such customer. [7: 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 by the City Manager, 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. (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). (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 bercent 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 monthl allocation shall be 1/12 of 90% of the customer's maximum annual contracted amount until 12 months of billing history are established. However if the industrial customer does not have a water contract and does not have at least 12 months of billing history, then the new industrial customer will provide data regarding expected water use and City will determine allocation based on 90% of expected use to determine initial allocation until 12 months of billing history are established. 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. 57 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 usage 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 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. (f9 Commercial, institutional, and industrial customers shall pay the following drouzht surchar (1) Customers whose allocation is 6,000 gallons through 20,000 alg lons per month: a. $5.00 per 1,000 gallons for the first 1,000 gallons over allocation. b. $8.00 Der 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 uallons over allocation. Customers whose allocation is 21,000 alg lons per month or more: a. One times the block rate for each 1.000 uallons in excess of the allocation up through 5 percent above allocation. b. Three times the block rate for each 1.000 uallons from 5 Dercent through 10 percent above allocation. c. Five times the block rate for each 1,000 gallons from 10 percent through 15 percent above allocation. 58 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 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 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 (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). IM, (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 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 reauest 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: 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. Di (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. Requests for exemptions and variances. (a) The Director of Water Operations or his designee, -may, in writing grant a temporary variance to any of the provisions for water users found in this Article XII upon 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 or variance from the provisions of this Ordinance shall file request on City - provided application for exemption / variance with the City Water Department within 5 days after a particular drought response stage has been invoked. All request forms shall be reviewed by the Director of Water Operations or his designee, 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. 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 or variance requested 6. Period of time for which the exemption or variance is sought. 7. Alternative water use restrictions or other measures the water user is 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 nor variance shall be retroactive or otherwise ordinance occurring prior to the issuance of the exemption /variance. 1631iICOWGIY -11 violation of this F'Yd (d) All requests for variances /exemptions shall be reviewed and determined within three business days of receipt of complete application. (e) The Director of Water Operations or his designee shall consider requests of water users for special consideration to be given as to their respective particular circumstances 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, it shall be in effect from the time of granting through the termination of the then current stage, unless revoked by the Director of Water Operations 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) A person denied request for permit or exception from these rules may appeal the decision to the Assistant City Manager for Public Works, Utilities and Transportation by submitting written request for appeal to the Assistant City Manager within five business days from issuance of denial. The decision of the Assistant Citv Manauer shall be final. 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 1:% 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. (t) 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. 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: A minimum of two thousand (2.000) acre -feet Der 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 (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 63 resolution of the city council based on the city manager's assessment of the severity of 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)Ubon reauest 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 usaue: 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 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-allocation . 64 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 percent above the monthly allocation. c) Variances. (1) The city manager, or the City Manager's designee, may, in writing, grant a temporary variance to the pro rata water allocation policies provided by this section 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 (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. Raw water or wholesale treated water customers reauestina an exembtion 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). b. Detailed statement with supporting data and information as to how the pro 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 betitioner comblies 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. W 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 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. DI: 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. 67 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 City Secretary Nelda Martinez Mayor 68 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 to 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, with City Council consent. 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, with City Council consent. 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 alg lons 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 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. 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-allocation . 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 FAR • 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 Execute Interlocal Agreement Regional Transportation Authority Street Improvement Program CAPTION: 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 Maintenance Program) This Interlocal Agreement is made between Regional Transportation Authority in Corpus Christi, Texas ( "RTA" ), 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 projects 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 projects; NOW, THEREFORE, BE IT AGREED BY THE REGIONAL TRANSPORTATION AUTHORITY AND THE CITY OF CORPUS CHRISTI, TEXAS: 1. Proposals Under Program. No later than February 1 of each year during the term of this Agreement, the City shall submit a request specifying the street maintenance projects (the "Projects ") which are eligible for consideration for funding under the 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 Projects which will maximize the impact of RTA's Program. 2. Funding. The RTA is allocating a percentage of its sales tax receipts for funding the new 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 Projects. The Projects eligible for funding shall include any street 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 for overlays and sealcoat projects which would alter the construction of 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. Completion of Proiects. 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. 5. Signage. 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 projects 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 Inter - 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. Severability 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 terms. 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. Assignent. 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. Interlocal Cogg raft Act. 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. &Rlacement of 2001 Agreement. This Interlocal Agreement for street improvement funds betweeli 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 . 2013. CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY CITY OF CORPUS CHRISTI By: Ronald L. Olson, City Manager C:wmments end Sa1dnpVyavWffl4ca1 Senln pWamponry Ramat F11 W %Ccnront.0udodMXCNPAP8U%131Ya=Fw d ASW-CG -nw ( 4 ) . d = - 3 - 0 AGENDA MEMORANDUM First Reading for the City Council Meeting of May 28, 2013 1852 Second Reading for the City Council Meeting of June 11, 2013 DATE: May 9, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3494 GLO -CIAP Grant Award for Oso Bay Learning Center and Wetland Preserve CAPTION: Ordinance authorizing the City Manager, or designee, to execute all documents necessary to accept and appropriate a grant in the No. 1067 Parks and Recreation Grant Fund in the amount of $1.5 Million from the Texas General Land Office - Coastal Impact Assistance Program (CIAP) for the construction of the Oso Bay Coastal Environmental Learning Center. PURPOSE: To approve and appropriate a $1.5 million grant award from the General Land Office (GLO) Coastal Impact Assistance Program for the construction of the Oso Bay Learning Center. BACKGROUND AND FINDINGS: Bond funding for the Oso Bay Learning Center and Wetland Preserve was approved by voters in 2008. This grant will provide further funding for the construction of the Oso Bay Learning Center which will include exhibition space, multi - purpose rooms, a wet -lab, and various environmental education exhibits. ALTERNATIVES: Do not approve grant award. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: The City Council must approve and appropriate all grant awards. EMERGENCY / NON - EMERGENCY: Non - emergency. DEPARTMENTAL CLEARANCES: Legal, Finance 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 Encumbered / Expended Amount This item 1,500,000 1,5007000 BALANCE 175007000 175007 000 Fund(s): Grant Fund 1067 Comments: There is no cash match required for this grant. The grant amount has already been included in the Capital budget for the Oso Bay project. RECOMMENDATION: City staff recommends that City Council accept the grant award. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant Contract Ordinance authorizing the City Manager, or designee, to execute all documents necessary to accept and appropriate a grant in the No. 1067 Parks and Recreation Grant Fund in the amount of $1.5 Million from the Texas General Land Office — Coastal Impact Assistance Program (CIAP) — for the construction of the Oso Bay Coastal Environmental Learning Center. 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 all documents necessary to acc ept and appropriate a grant in the No. 1067 Parks and Recreation Grant Fund in the amount of one million five hundred thousand dollars ($1,500,000.00) from the Texas General Land Office —Coastal Impact Assistance Program (CIAP) — for the construction of the Oso Bay Coastal Environmental Learning Center. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 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 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 7 , 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 th day of Nelda Martinez Mayor SUBRECIPIENT GFRANT A(.REEMENT GLO CONTRACT No. 13-283-000-7529 COASTAL IMPACT ASSISTANCE PROGRAM USFWS FINANCIAL AssxSTANCI?, AWARD NumBER F12AF01.418 This Subrecipient Grant Agreement (the "Contract ") is entered into by and between the GWENERAL LAND OFFICE (the "GLO" or "Recipient "), a State agency, and the Cn,v or CclrtPus Cmusrrx ( "Subrecipient ") to provide financial assistance using funds received under U.S. Dish and Wildlife Service ( "USFWS ") Financial Assistance Award Number 1` l2AF0141 S, as amended, foi, the project entitled "Oso Bay Coastal Environmental Learning Center Project." MrncLx,1 - GENERAL PROVISIONS 1.01. PURPOSE 'I'lic purpose of this Contract is to set forth the terms and conditions of a Subgrant from the GLO to the Subrecipient under the Coastal Impact Assistance Program ( "CIAP" ). 1.02 CONTRACT I)OCUMENTS The GLO and Subrecipient hereby agree that this document and the following Attachments, which are incorporated in their entirety for all purposes, either physically or by reference, shall govern this Contract: A,r rACIIMEW A: Work Plan and Project Budget A"[" I'ACIIME,NT 13: IJSFWS Financial Assistance Award .Agreement to the GLO for Award No. F12AF0141 S; Project Narrative; Budget Narrative M-FACHMLNT C: Federal .Assurances, as applicable -- Construction (SF -424D) or Non - Construction (SF- 424B); Certification Regarding Lobbying Lower "bier Covered Transactions (CD -512); and Disclosure of Lobbying Activities Form (SF -LLL) ArTACHmr!,NT D: General Affirmations A'I'TACIIME.NT E: Sample Additional Required Forms: Progress Report Forni; Invoice for CIAP Federal Expenditures Forni; Budget Amendment Request Form; IIUB Expense Reporting Form; Audit Reporting Forrn; Final Project Report Form M rAUIMENT F: Final, Actual Budget to be Submitted by Subrecipient GLO Coiitract No. 13-283-000-7529 Page I of 27 L03 DEFINITIONS "Act" means Section 384 of the Energy Policy Act of 2005, Public Law 109 -58, 109th Congress, 119 Stat. 739 (August 8, 2005) (amending the Outer Continental Shelf Lands Act, Title 43, Unitcd. States Code, Section 1356a). "Allowable Costs" meads costs that are authorized under Title 43, Code of Feder'al. Regulations, Part 12. "Budget" means the budget for the Project funded by the Contract, included in Attachment A, attached hereto and incorporated herein for all purposes. "Budget Narrative" paeans the narrative description of the budget for the Project in Subreeipient's application for CIAP Subgrant funds submitted to IJSFWS, a copy of which is included in Attachment B. "CIA11" means the Coastal Impact Assistance Program. " CMP Rules" means the rules set forth in Chapters 501 through 505 of 'Title 31 of the Texas Administrative Code 'for the 'Texas Coastal Management Program, authorized by statute in Chapter 33, Subchapter F, of the Texas Natural Resources Code. "Coastal Impact Assistance Program" means the federal grant program for certain coastal states, as authorized by the Act and managed by the U.S. Fish and Wildlife Service, a bureau of the tJ.S. Department of the Interior. The State of Texas administers the CIAP on behalf of the federal government. "Cornuliant Format" means the format and standards set forth in Section 4.01. and Article 9. "Deliverable(s)" means the work product(s) required to be submitted to the GLO as set: forth in the Work. Plan. "Eciui nit" means tangible personal property having a useful life of more than one (1) year and an acquisition cost of five Thousand Dollars ($5,000.00) or more per unit. "Gwent of Default" means the occurrence of any of the events set forth in Section 8.01. herein. "Federal. Assurances" means Standard Form 424E (Rev. 7 -97), as prescribed by OMB Circular A -1.02 (non- construction projects); or Standard Form 4241) (Rev. 7 -97), as prescribed by OM13 Circular A -102 (construction projects), in .Attachment C, attached hereto and incorporated herein for all purposes. "Federal Certifications" means U.S. Department of Commerce Forrn CIS -512 (Rev 12- 04), "Certification Regarding Lobbying Lower Tier Covered Transactions," also in Attachment C, attached hereto and incorporated herein for all purposes. "Final Report" means a written report that must be received by the GLO upon completion of the Work flan, as set forth in Section 4.03 herein. "Financial Assistance Award" means the financial award made to the GI.,O by the USFWS under the CIAP, providing funding for the Project cinder this Contract; may be used interchangeably with "Grant." "Financial Assistance Award Agreement" means the formal grant agreement between the GLO and tJSIa WS, USFWS Financial Assistance Award Number I,12Ah01418, for the period ending December 30, 2014 making funding available to the State of'l'exas under CLO Contract No. 13 -283- 000 -7529 Page 2 of 27 the CIAP for the Project. A copy of the Financial Assistance Award Agreement is included in Attachment B, attached hereto and incorporated herein for all purposes. "GAAP" means "generally accepted accounting principles" as applicable. "GASB" means accounting principals as defined by the Governmental Accounting Standards Board .... . ".General eneral Affirmations" means the affirmations in Attachment )), attached hereto and incorporated herein for all purposes, to which Subrecipient certifies by the signing of this Contract. "Gaunt" means the financial award made to the GLO by the USFWS under the CIAP, providing funding for the Project under this Contract; may be used interchangeably with "Financial Assistance Award." "Grant Administrator" paeans the GLO staff member assigned to monitor the Project, as may be designated from time to time by the GLO. "Grant_ Administration Dorm" paeans one of the several forms required to be submitted under this Contract:, copies of which are included in Attachment E. "HUB" means Historically Underutilized Business as defined by Chapter 2161 of the "Texas Government Code. "Plans" means the engineering specifications, construction plans, and/or architectural plans for the construction of improvements approved by the GLO for the Project, if any. "Project" means the Oso Bay Coastal Environmental Learning Center project which this Subgrant will fiend, as defined in Attachment A hereto. "Project Narrative" paeans the narrative description of the Project in Subrecipient's application for CIAP Subgrant fluids submitted to UShWS, a copy of which is included in Attachment B. "Public information Act" means Chapter 552 of the 'Texas Government Code. "Quarterly Report,;" means written progress reports that must be received by the GLO as set forth in Section 4.03 herein. "Recipient" means the GLO, which is the CIAP recipient under the hinancial Assistance Award to which this Contract relates. "Subgrant" means pass - through funds received through the Financial Assistance Award under the CIAP and approved for use by the Subrecipient in accordance with the terms of this Contract. "Subrecipient" means the entity to which the Subgrant is made, which is the same entity as the "subrecipient" and the "subgrantee" as referred to in the Financial Assistance Award Agreement and in Title 43, Code of Federal Regulations, Part 12. "USFWS" means the U.S. Fish and Wildlife Service, a bureau of the U.S. Department of the Interior. "Work Plan" means the statement of work and special conditions, if any, contained in Attachment A. GC,o contract No. 13 -283 -000 -7529 Page 3 of 27 1.04 INTERPRETIVE PROVISIONS (a) The meanings of defined terms are equally applicable to the singular and plural forms of the defined terms; (b) the words "hereof," "herein.," "thereunder," and similar words refer to this Contract as a whole aI7d 1i.otto any particular provision, section, attachment, work order, or schedule of this Contract unless otherwise specified; (c) The term "including" is not limiting, and means "including without lin -iitation" and, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent amendhnnents and other modifications thereto, but only to the extent that such amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to any statute or regulation are to be construed as including all statutory and rcgulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation; (d) The captions and headings of this Contract are for convenience of reference only and shall. not affect the interpretation of this Contract; (c) All attachments within this Contract, including those incorporated by reference, and any amendnnents, are considered part of the terms of this Contract; (f) This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative and each shall be performed in accordance with its terms; (g) Unless otherwise expressly provided, reference to any action of the GLO or by the GLO by way of consent, approval, or waiver shall be deerned modified by the phrase "in its /their sole discretion." Notwithstanding; the preceding sentence, any approval, consent, or waiver required by, or requested of, the GLO shall not be unreasonably withheld or delayed; (h) All due dates and/or deadlincs referenced in this Contract that occur on a weekend or holiday shall be considered as if occurring on the next business day; (i) All time periods in this Contract shall commence on the day after the date on which the applicable event occurred, report is submitted, or request is received; and (j) Time is of the essence in this Contract. REMAINDER Ole PACE INTENTIONALLY LEFT BLANK C.LO Contract No. 13- 283 -000 -7529 Page 4 of 27 ARTICLE 2 - FINANCIAL ASSISTANCE AWARD AND SCOPE OF PROJECT 2.01 FINANCIAL AsSISTANCr AWARD Subrecipient submitted an application for Subgrant funds under "Texas' CIAP. UShWS has made the Financial Assistance Award to Recipient based on Subrecipient's application. Subject to the terms and conditions of this Contract, the GM agrees to make a Subgrant to Subrecipient in an amount not to exceed ONE MILLION FIVE HUNDRED TIJOUSAND DOLLARS ($1,500,000.00), payable in installments as reimbursement of Allowable Costs incurred by Subrecipient, to be used in conformance with the Work Plan and Project Budget in Attachment A, and the Financial Assistance Award Agreement in Attachment I3. It is expressly understood and agreed by Subrecipient that the GLO shall have the right to recapture, and to be reimbursed. for, any payments made by the 01.0 under this Contract that Subrecipient has not used in strict accordance with the terms and conditions of this Contract and the financial Assistance Award Agreement, TATS RECAPTURE PROVISION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF ,111E CONTRACT. l xccpt as set forth in the Financial Assistance Award Agreement, the GLO is not liable to Subrecipient for any costs incurred by Subrecipient before the effeetive date of this Contract, or after its termination. The GLO will reimburse Subrecipient for Allowable Costs incurred prior to the effective date of this Contract in the amount stated in the Financial Assistance Award Agreement, if any. 2.02 INCORPORA'T'ION OI+ FINANCIAL, AssISTANCF. AWARI)TC, RMS The Financial Assistance Award Agreement authorizes the use of the Subgrant by Subrecipient for the Project in accordance with the terms of the Financial Assistance Award Agreement and applicable state and federal law. Recipient and Subrecipient understand and agree that any and all terms and provisions of the Financial Assistance Award Agreement that apply to the Recipient by operation of this Contract are also applicable to Subrecipient. 2.03 PROJECT AND WORK PLAN The Project shall be performed in accordance with the Work Plan and Budget in Attachment A; the description in the financial Assistance Award Agreement in Attachment 13; the Federal Assurances and Certifications in Attachment C; and the General Affirmations in Attachment D. The Work Plan or the scope of the Project may be amended in accordance with 43 C.l".R. 12.70. Modifications may require the approval of the USFWS, which may cause significant delays. ANY COSTS INCURRED WHILE WAITING FOR APPROVAL OF THE REQU.ESTFD CHANGES ARE TIIE RESPONSIBILITY OF SUBRECIPIENT. Tiu, GRANT ADMINIS'I'RAToR WILT.., INFORM SUBRECIPIENT WHETHER T1IE REQUEST IS APPROVED Olt REJECTED. GLO Contract No. 1.3- 283 -000 -7529 Page 5 of 27 2.04 GENERAL REQUESTS Subrecipient may submit requests provided for in the Contract electronically and in Compliant Format. Requests must cite the nature of the, request, the section of the Contract that authorizes the request, and a"detailed. justification for the request. A request is granted only uponn receipt by Subrecipient of written approval troln the Gl...,0 Grant Administrator. REMAIND R OIL' PAGE INTENTIONALLY LEFT BLANK GL,O Contract No. 13- 283 -000 -7529 Page 6 of 27 AR'rICL,E 3 - TERM 3.01 DURATION AND EXTENSION OF TERM "Phis Contract shall be effective as of the date executed by the last party, and shall terminate upon completion of the Prqject, or on August 30, 2014, Whichever occurs l irst. Upon receipt of a written request and acceptable justification frorn Subrecipient to the Grant Administrator and approval fron-i the USF WS, the Giant Administrator may extend this Contract for a period not to exceed twelve (12) months. ANY REQUES -l' FOR EXTENSION MUST BE RECEIVED BY THE GRANT' ADMINISTRATOR AT LEAST SIXTY (60) DAYS BEFORE THE ORIGINAL, TERMINATION BA'T'E OF THIS CONTRACT. 3.02 EAR1,Y TERMINATION The {:'1.,0 may terminate this Contract by giving written notice specifying a termination date at least thirty (30) days subsequent to the elate of the notice. Upon receipt of such notice, Subrecipient shall cease work, undertake to terminate; any relevant subcontracts, and incur no further expense related to this Contract. Such early terillinatioli shall be subject to the equitable settlement of the respective interests of the parties, accrued up to the date of termination. RLMAINDER OF PAGE INTENTIONAu.,v LEFT BLANK GLO Contract No. 1.3- 283- -000 -7529 Page 7 of 27 ARTici,r 4 - GRANT ADMINISTRATION 4.01 COMPLIAW FORMAT FOR G.RAN'r ADM[NISTRA'T'.ION Subrecipients should submit written reports, requests in Word format; invoices and supporting documentation in pdf format; and photographs in pg, lormat and fori- ; unless, otherwise agreed by the Grant Administrator. For all electronically stored information and data, Subfecipients must comply with the GLO's standards set forth in Article 9, 4.02 SUBMISSIONS Except for legal notices that must be sent by specific instructions under Section 42.07 below, any written report, form, or request required to be submitted to the Grant Administrator under this Contract shall be sent in Compliant Format via email to the following; email address: ci�rpreeeipts(cr), lo.te as.t;ov 4.03 I'ROGimss Ri-woI rs Subrecipient shall submit Quarterly and final Reports, as required in the Work flan, electronically and in Compliant Format to the Grant Administrator, Quarterly Reports must be received during; the term of this Contract as follows: on or bel.bre January 1.0`h; April I0th; July 10 "'; and October 104'. The first Quarterly Report is due on or before the 10 "' day of the first month after the quarter in which the Contract becomes effective. Based upon the effective date of this Contract, the First Quarterly Report may cover reporting; for a partial quarter, but must be submitted according to this Section nonetheless. No Quarterly Report is required for the Quarter in which a Final Report is to be submitted. A Final Report must be received by the GLO within ten (10) days of completion of the Project or the ternrination date of the Contract, whichever is earlier. Notwithstanding the preceding, upon written request by Subrecipient and written approval by the GLO, this Deliverable due date may be extended. 4.04 REUAVERABL,ES Subrecipient shall submit each Deliverable required in the Work Plan, electronically and in Compliant format, to the Grant Administfator in accordance with the Work Plan in Attachment A. The GI,O may require Subrecipient to conform any data presentation or products funded under this Contract to reflect G.L0 comments. Deliverable due dates may be amended by the Grant Administrator upon submission of a written request and detailed justification by Subrecipient, and written approval. by the Grant Administrator. Modifications may require the approval of the USFWS, which rrray cause significant delays. THE GRANT ADMINIS'rRA'T'oR WILL INFORM SUBRECIPIENT WHETUER THE REQUEST IS APPROVED Olt REJECTED. C.LO Contract No. 13 -283- 000 -7529 Page 8 of 27 4.05 REIMBURSEMENT REQUESTS Subrecipient shall submit requests for reimbursement for costs allowed under this Contract on the approved CIAP Invoice Form, and provide such other information as the GLO may request. With each reimbursement request, Subrecipient shall include copies of all iictu.al rece.ipts, cancelled checks, and /or such other documentation that allows for full substantiation of the costs incurred, and which displays the full GI,O Contract Number, as well as Catalog of Ped.eral Domestic Assistance ( "CFDA ") No. 15.668. Any request for reimbursement that does not include this information will be rejected and returned to Subrecipient, which may result in a significant delay in payment of the Invoice. Subrecipient must submit a modified budget prior to obtaining reimbursement for any Allowable Cost that is not identified in the Budget in Attachment A. FINAL, REQUESTS FOR Iti?IM.T3UItSIe,MENT IJNDE,R 'I'IIIS CONTRACT MUS`r BE .RECEIVED 11Y Tim, GLO NO LATER 'I'll AN SIXTY (60) MAYS AFTER 'I'll E, EXPIRATION OR TE,RMNATION DATE Ol+ "TILE; CONT'RACT'. AL,C, OTHER REQUESTS FOR I21?.IM13uRSI'MI +:N'I' L1NDI +.R THIS CONTRACT MUST BLS; RECEIVED BY 'fill? CILO AT LEAST QUARTERLY, AS SPECIE'IED IN SECTION 4.03. FAILURE; BY SUBREC'IPIENT TO COMPLY IN A TIME:L,Y MANNER WITH THESE REQUIREMENTS MAY RESULT' IN DENIAL, OF TIT +, REQUEST FOR REIMBURSEMENT. Failure by Subrecipient to submit a Deliverable by its due date may result in the withholding of a percentage of the reimbursement request until Subrecipient submits the Deliverable. 4.06 BUDGET CHANGES Subrecipient may rebudget within the approved direct cost Budget to meet unanticipated requirements; however, certain types of post -award budget changes may require prior written approval pursuant to 43 C.F.R. 12.70. Where written approval is not required, Subrecipient must give notice to the GLO within thirty (30) days of any changes to the Budget. Where prior written approval is required, Subrecipient may request permission to change the Budget by submitting the GLO Budget Amendment Porm, along with a written justif=ication, to the Grant Administrator. This :form. may be downloaded at: http:llwww.glo. texas. govlwllat- we- dolcig- foi-- ttie- coastlgi-ants- fundinglciaplg)L,tntee- reouilements,litral Budget changes that require prior written approval shall be effective only after written approval by the GLO. Any request for changes to the total budget amount may be allowed. only through the formal, written Contract amendment process. Ally Budget change inconsistent with the purpose or terms and conditions of the Financial Assistance Award Agreement will be rejected. A FINAL, ACTUAL BUDGET, TO BE ATTACHED TO THE CONTRACT As A'I "1 "ACUMEN' F. MUST BE SUBMITTED BY SUBRUCIPIEWl' NO L.A'1'E,R T'IIAN SIXTY (60) DAYS AFTER THE EXPIRATION OR TERMINATION DATE OF THE CONTRACT. GLO Contract No. 13- 283 - 000 -7529 Page 9 of 27 4.07 PROGRAMMATIC CHANGES Subrecipient may make limited program changes to the approved Project; however, certain types ol'post -award changes to the Project may require prior written approval pursuant to 43 C.F.R. 12.70. Where prior written approval is required, Subrecipient may request permission to make changes to the 1'rcjeet by submitting a written request and detailed justification to the Grant Administrator. Changes to the Project scope or outcome /nay be allowed only by formal, written amendment to the Contract. Any prograinnlatic change inconsistent with the purpose or terms and conditions of the Financial Assistance Award Agreement will be rejected. 4.08 ADDITIONAL GRANT COMPLIANCE REQUIREMENTS Subrecipient skull comply with additional provisions relating to Grant Administration required by any state or federal law. Subrecipient understands and agrees to the terms included in Attachments C and D that require assurances certifications, and at'firinations to fulfill state and federal legal requirements. It is the sole responsibility of Subrecipient to comply with applicable legal requirements identi fied in Attachments C and t) and any other applicable laws, rules, and regulations. 4.09 PORCHASES Only equipment and/or computer software considered to be Allowable Costs may be purchased with the funds provided under this Contract. 'Title and possession of any l:lquipment will remain the property of Subrecipient unless and until transferred to the GLO, upon written request by the GLO. Subrecipient shall ftimish, with its .final request For reimbursement, a list of all Equipment purchased with funds provided under the Contract including the name of the manufacturer, the model number, and serial number. Disposition of Equipment shall be made in accordance with. Title 43, Code of Federal Regulations, Part 12. 4.10 (111AN•1' ADmINISTItA,rION Foitms (a) Recurring forms that must- be submitted to the GLO Grant Administrator are updated krona time to tine, and can be downloaded at the following Web address: htt : / /www. lo.texas. 7oN,Iwliat- we- dolcarin ,- for - the - coast / grants-- fundin r /cia v mgtee- Nquirenjents.11tfnl A copy of the current version of each recurring form is included in Attachment E, for convenience. Subrecipient is responsible for using the proper forms and should periodically check the Web site for updated forms. In the event an outdated form is submitted, the GLO shall give Subrecipient notice that the form has been updated and provide Subrccipient the opportunity to re -file the form, if required. (b) Additional forms required by the Contract or the Financial Assistance Award Agreement indicating Subrecipient's compliance with required state and federal laws are described below and found in Attachment C: (i) Subrecipient shall execute the Assurances- Construction (Standard Form 424D) or Non - Construction Programs Form (Standard Form 424B), as GLO Contract loo. 13- 283 -000 -7529 Page 10 of 27 applicable to the Project, attached to the Contract in Attachment C, assuring that it will comply with all .Federal statutes listed thereon and, when applicable, shall obtain and return executed assurance of compliance -[ -orms from its subcontractors. (ii) Subrecipient shall ccrttfy, by executing Certification Regarding Lobbying Lower `Pier Covered ':Fransactions (Standard Form CD -512), also attached in Attachment C, that no federal funds have been or will be paicl to any person for influencing or attempting to influence the award to Subrecipient contemplated under this Contract. (iii) If at any time any non - federal finds have been paid for attempting to influence the award to Subrecipient contemplated under this Contract, Subrecipient shall complete, execute, and submit according to its instructions, the Disclosure of �Lobbying Activities Fornn (Standard Form- attached in Attachment C. IRimAINDER OF PAGE IN ENTIONALL V L.11 ".i;T 1U.,ANK GLO Contract No. 13-283- 000 -7529 Page 11 of 27 ARTICLE 5 — FEDERAL FUNDING / STATE FUNDING / RECAPTURE OF FUNDS 1 OVERPAYMENT 5.01 Fio)ERM, FUNDING (a) Funding for this Contract is appropriated under Section 3844 of the I;tiergy Policy Act of 2005, Public haw 109 -58, 109th Congress, 119 Stat. 739 (August 8, 2005) (amending the Outer Continental Shelf Lands Act, Title 43, United States Code, Section 1356a), and made available through a Financial Assistance Award managed by the U.S. Fish and Wildlife Service, a bureau of the U.S. Department of the Interior. The fulfilln-tent of this Contract is based on those funds being made available to the GLO as the lead administrative state agency. All expenditures under this Contract must be made in accordance with this Contract, the rules and regulations promulgated under the CIAP Program, and any other applicable laws. Further, Subrecipient acknowledges that all fiends are subject to recapture and repayment for non-compliance. (b) All participants in the CIAP grant program must have a data tiniversal numbering system (DUNS) number, as well as a Commercial And Government Entity (CAGE) Code. (c) The DUNS number and CAGE Code must be reported to the GIGO for use in various kraut reporting documents, and may be obtained by visiting the System for Award Management well site at: stu rov Assistance with this web site may be obtained by calling 866 - 606 -8220. 5.02 STATE FUNDING (a) This Contract shall not be construed as creating any debt on behalf of the State of Texas and /or the GLO in violation of Article III, Section 49, of the "Texas Constitution. In compliance with Article VIII, Section 6 of the Texas Constitution, it is understood that all obligations of the GLO hereunder are subject to the availability of state funds. If such Iunds are not appropriated or become unavailable, this Contract may be terminated. In that event, the parties shall be discharged firom further obligations, subject to the equitable settlement of their respective interests, accrued up to the date of termination. (b) Furthermore, any claim by Subrecipient for damages under this Contract may not exceed the amount of funds appropriated for payment, but not yet paid to Subrecipient, under the annual budget in effect at the time of the breach. Nothing in this provision shall be construed as a waiver of sovereign immunity. 5.03 RieCArTURI oI, FUNDS Subrecipient shall conduct, in a satisfactory manner as determined by the GLO, the Project as set forth in the Contract. The discretionary right of the GLO to terminate for convenience under SECTION 3.02 notwithstanding, it is expressly understood and agreed by Subrecipient that the G1.,O shall have the right to terminate the Contract and to recapture, and be reimbursed for any payments made by the GL,O (i) that exceed the maximum allowable rates; (ii) that are not allowed under applicable laws, rules, and G1..o Contract No. 13- 283 -004 -7529 Page 12 of 27 regulations; or (iii) that are otherwise inconsistent with this Contract, including any unapproved expenditures. 5.04 OVERPAYMENT Subrecipient understands and agrees that it shall be .liable . to the Gl.,0 for any costs disallowed pursuant to financial and/or compliance audit(s) of funds received under this Contract. Subrecipient further understands and agrees that reimbursement of such disallowed costs shall be paid by Subrecipient from funds which were not provided or otherwise made available to Subrecipient under this Contract. 5.05 R.E'1'AINA(,E ---- APPL,].CABLE 'I'O ALL PROJIi CTS To ensure full performance, Subrecipient must retain a minimum of ten percent (10 %) of the amount of any subcontract until the subcontractor has satisfactorily performed all services and submitted approved deliverables as required under the subcontract. REMAINDER Ole PAGE INITNrIONALLY Lt,vr M ANK GL0 Contract No. 13- 283 -000 -7529 Page 13 of 27 Aunt, ,r, 6 - INTELLECTUAL PROPEWY 6.01 OWNERSIIII'AND USF (A) The parties to this Contract expressly agree that all right, title, and interest in, and to, all reports, dralls of repo ts, or other material, data, dmwings, cornpute;r progrCIII)s and codes associated with this Contract, and/or any copyright or other intellectual property rights, and any material or information developed and /or required to be delivered under this Contract shall be jointly owned by the parties with each party having the right to use, reproduce, or publish any or all of such information and other materials Without the necessity of obtaining permission from the other party and without expense or charge. (b) The USl"WS is granted a royalty free, non- exclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize other's to use, for U.S. Government purposes, all reports, drafts of reports, or other material, data, drawings, computer programs, and codes associated with this Contract, and/or any copyright or other intellectual property rights, and any material or information developed and /or required to be delivered under this Contract. 6.02 NONENDORSEMENT 13V STATE AND'rtw,. UNITED STATUS Subrecipient shall not publicize or otherwise circulate promotional material (such as advertisements, sales brochures, press releases, speeches, still and motion pictures, articles, manuscripts, or other publications) that states or implies State of "Texas or U.S. Government, or government employee, endor'senlcnt of a product, service, or position that the Subrecipient represents. No release of information relating to this Financial Assistance Award may state or imply that the State of Texas or the U.S. Government approves of Subrecipient's work products, or considers Subrecipient's work product to be superior to other products or services. 6.0:3 AI'I'ItOVAI, Oli POBL.LC:A'I'ION AND (,-',I'ECIFIC DISCL,AIMEIt RLeoULItED Prior to publication, Subrecipient must submit to the Grant Administrator, for USF WS approval, any public information releases concerning this financial Assistance Award that refer to the Department of the Interior or any bureau or employee. The specific text, layout photographs, and so -forth, of the proposed release must be submitted with the request for approval. `Elie specific acknowledgemcnis and funding statements that must be included in certain publications funded by the Subrecipient are set Forth in Article 10. 6.04 SURVIVAL TIIL, PROVISIONS oI+` 'nus Alrrinx. 6 SHALL, SURVIVE 711E TERMINATION OR EXPIRATION OF THIS CONTRACT. REMAINDrs R Oh PALL; INTENTIONALLY LY .LIele t BI ANIC G1.O C'ontnnct No. 13- 283 -000 -7529 Page 14 of 27 ARTICLE 7 d RECORDS, AUDIT, RETENTION, AND PUBLIC INFORMATION 7.01. BooKs AND Wcojn)S Su recipient shall keep and maintain an der GAA1' or GA '13, as applicable, fu , true, and complete records necessary to filly disclose to the GLO, the Texas State Auditor's Office, the United States Government, and /or their authorized representatives, sufficient inforlxaation to determine compliance with the terms and conditions of this Contract and all state and federal rules, regulations, and statutes. 7.02 INSPECTION AND AUDIT Subrecipient agrees that all relevant records related to this Contract or any work product produced, including those of its subcontractors, shall be subject at any reasonable time to inspection, examination, review, audit, and copying at any location where such records may be found, with or without notice by the 'Texas State ,Auditor's Office, the GLO, its contracted examiners, or the 'f'cxas Attorney General's Office. In addition, the L)SI'VS, the Comptroller General, the General Accounting Office, the Office of Inspector General, or any of their authorized representatives of the U.S. Government shall also Have this right of inspection. AI.,Ia SIJI3CON'I'ItAC`I'S SIIAi,I, RI?Fl,I'.CT Tllf: Rr,,QtJiI2r.MTNTS OF THIS sl,c"rION. 7.03 IPI:RIOD oi+ RFAT.NTION Subrecipient shall retain all records relevant to this Contract fir a minimum of three (3) years. The period of retention begins on the date that the G1_.0 is required to submit final performance and financial reports under the hinancial Assistance Award Agreement. The period of retention skull be extended for a period reasonably necessary to complete an audit and/or to complete any administrative proceeding or litigation that may ensue. 7.04 PUBLIC INFORMATION Pursuant to the Public Information Act ( "I'IA "), records received from Subrecipient. may be open to public inspection and copying. The GLO will have the duty to disclose such records, unless a particular record is made confidential by law or exempted from the PIA. Subrecipient may clearly label. any individual records as a "trade secret;" however, Subreeipient acknowledges it is solely responsible I`or defending any such claim in accordance with the IIIA. The failure to so label any record shall constitute a complete waiver of any and all claims for damages caused by release of the records. If a request for a labeled record is received by the GLO, the GLO will notify Subrecipient of the request in accordance with the PIA. 7.05 AuDrr COMIPLIANC E The GLO, as a pass - through entity, bas the responsibility to ensure that Subrecipier►ts expending Fiw HUNDRED TnouSAND DOLLARS ($500,000.00) or more in federal awards during each of Subrecipient's fiscal years of funding have met audit requirements in accordance with U.S. Office; of Management and Budget Circular A -133. Subrecipicat shall complete and return the Audit ltcporting Form to the Grant Administrator no later than September 30'x' of each year during the full termm of the Contract. GLO Cmitralct No. 13- 283 -000 -7529 Page 15 of 27 Aimci,F 8 d EVENTS OF DEFAULT AND REMEDIES 8.01 EvcNTs OF DF,FAULT Each of the following events shall. constitute an ]:vent of Default under. this. Contract,. (i) Subrecipient's failure to comply with any terin, covenant, or provision contained in this Contract; (ii) Subrecipient makes a general assignment for the benefit of creditors or takes any similar action for the protection or benefit of creditors; or (iii) if at any time, Subrecipient makes any representation or warranty that is incorrect in any material respect to the Work flan, any request for payment submitted to the GL,O, or any report submitted to the GLaO related to the Contract. 8.02 R eMEDD s; No WAIVER Upon the occurrence of any such 1-?vent of Default, the G1:.0 shall be entitled to avail itself of any equitable or legal rernedy. A right or remedy conlerred by this Contract upon either party is not intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given under this Contract, or hereafter legally existing, upon the occurrence of an Event of Default. The failure of the GL.JO either to insist at any time upon the strict observance or perforinance of any of the provisions of this Contract, or the GLO's failure to exercise any right or remedy as provided in this Contract, shall not impair any such right or remedy or be construed as a waiver or relinquishment thereof with respect to subsequent Events of Default. REMAINDER OF PAGE INTENTIONAUJA LEFT BLANK GLO contract No. 13- 283 -000 -7529 Page 16 or 27 ARTICLE 9 - GI_,O ELECTRONICALLY STORED INFORMATION STANDAIZIIS 9.01 GEOGRAPHIC: INFORMATION SYSTEMS Data, databases, and products associated with electronic Geographic Information Systems ( "GIS ") that have been. collected, manipulated, or purchased with Subgrant funds will be subject to all applicable terms of the Texas State Government GIBS` Rule of the Texas Department of Information .Resources (DIR) and Texas Administrative Code (TAQ §201.6, Planning and Management of Information Resources Technologies, Geographic Information Standards. The Geographic 'Information Standards Rule is available on the World Wide Web at www.dir.texas.Lov/sponsoLed /tS icl� eslstandards.as x, or by writing to Department of Information Resources, P.O. Box 1.3564, Austin, `Texas, 78711, e -mail rob..aanstoos"cr7c state.l .us. 9.02 TRANSFER OF DATA Any GIS data to be transferred or exchanged that is collected, manipulated, or purchased with funds from the Contract must be documented as specified in the federal Geographic Data Committee document Content Standar°d.lrr• Digital Geosl)alial Metadata, version 2 (FGDC -S T D -001 -1998) or later, The federal rnctadata standard is avai table on the World Wide Web at: www.fgde.gov/iiietadati/esdgm. Metadata must be submitted in IITMl:,, XMI,, or ASCII text formats. 9.03 FORMAT Although the G1.0 has adopted UnvironmentaI Systems Research Institute, Inc. software products as in- house GIS software, the GI,O does not endorse these, or any other, products. However, any electronic spatial data collected, manipulated, or purchased with Subgrant funds shall be transferred in a mutually- acceptable GIS format, along with any corresponding metadata referred in the Contract. Nonspatial data deliverables (text, database, spreadsheet, images) must be delivered in MS Office, dl3ase (dbf), ASCII, or standard image (JPEG, TIFF, G1T', etc.) formats. Acceptable media for delivery include CD -RUM, DVD, USI3 flash drive, floppy disk, Zip disk, and external hard drives. Subrecipient is expected to comply with these guidelines. If Subrecipient cannot comply with these guidelines then Subrecipient must provide a written justification detailing why an exception is warranted. RcMAIND R Ole PAGE INTENTIONALLY LEFT 131.ANK GLO Contract No. 13- 283 -000 -7529 Page 17 of 27 ARrncL,E 10— ACKNOWLEDGEMENT OF SOURCE OF CIAP FUNDS; SIGNAGE, PHOTO DOCUMENTATION, PUBLICATIONS, AND WEBSITES 10.01 AC'I(NOWI, t)[ '.I.MI.N 'I' OIL' SOURCE OF CIAP FUNDS Subrecipient :shall iicknbwleclt;c the source of funding for the Pro' as set forth in the Financial Assistance Award Agreement. When the use of the USFWS logo is required, it may be found at the following location: litti):Ilwsfbl)rot,,rams.fws. g ovIbT)a�-,e,il ,raiitt)ro 4rams /CIAP /CIAP,htm Subrecipient is required to inform the public that the Project is being funded, in whole or in part, by Grant funds under the Coastal Impact Assistance Program. Acknowledgement of the source of funds may take many forms (e.g., signage or written acknowledgement in a project publication or Web site). Subrccipient agrees to Iulfill applicable obligations of the Recipient set forth in the Financial Assistance Award Agreement. 10.02 CIAP ACKNOWLEDGEMENT EDGEMENT If Subrecipient or its employee(s) use funds under the Contract to publish reports and other materials completed in whole or in part as a result of the Contract, the author shall ensure that the paper or Web site bears the following statement as well as the tJSI WS logo on the front cover or title page of such document and other materials: "THIS "PUBLICATION/WE SI'.I'.I + :" ` IS FUND.ED ( "IN PART'," IF APPROPRIATE) WITH QUALIFIED OUTER CONTINENTAL SIII LF 011., AND GAS REVENUES BY T111, COASTAL IMPACT ASSISTANCE, PROGRAM, U.S. FISH AND WILDLIFE SERVICE, U.S. DEPARTMENT OF THE INTERIOR." The [JSFWS logo should be located on the lower right corner of the acknowledgement. 10.03 CIAP FIiNI)ING S'I'A I'leMEN'I' If Subrecipient or its employee(s) uses funds from this Contract to publish a paper based. in whole or in part on the work funded by the Contract, the author shall ensure that the paper- bears the following statement, as well as the IJSFWS logo, on the front cover or title page: "Tins PAPER IS FUNDED (4`IN PART," IF APPROPRIATE) HV A FINANCIAL AssISTAN(E AWARD FROM THE U.S. DEPARTMENT of THE, INTERIOR, U.S. FISH AND WILDLIFE SERVICE, COASTAL IMPACT" AssISTANCF. PROGRAM. Tim VIEWS EXPRESSEI) HEREIN ARE THOSE OFT11E AUT110II(S) AND DO NOT NECESSARILV RI+;FL,EGr TN.E vnews OF T1IE U.S. FISII AND WILDLIFE, SIeRVIC "E." If Subrecipient or its employee(s) uses Grant funds under the Contract to produce signage as part of a presentation belated to this Project, Subrecipient shall ensure GLO Cotitract No. 13- 283 -000 -7529 Paige I8 of 27 that the signage bears the following statement, as well as the USMS and GLn logos, on all signs: "Tills PROJEC"1 IS E'UNDI,D ( "IN PART" IF APPROPRIATE) BY A FINANC IM. ASSISTANCE AWARD I;ROM T11E U.S. DEPAR`T'MENT Ole 'I'[I] INITRIO l.. U.S. LIsII AND WILDLIFE SERVICE,, COASTAL, IMPACT ASSISTANCE PROGRAM." 10.04 CIAP PUBLICATION All information submitted for publication or other public releases of information regarding this Project shall carry the following disclaimer: `°.TiFE VIEWS AND CONCLUSIONS CONTAINED IN ,rms DOCUMENT ARE: TII0SE OF THE AUTHORS AND SHOULD NOT BF .INTERPRETED AS REPRESENTING THE, OPINIONS OR .POLICIES OI+ TIJE U.S. C OVERNME r OR '1'IFI: STATE, OIL TEXAS. MENTION OF TRADE. NAMES OR COMMERCIA1, PRODUCT'S DOHS NOT C'ONSTITUIT 'THEIR ENDORSEMENT .13Y TIlle U.S. GOVERNMI l' OR ` HE. STNI' e O1+ TEXAS ". When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing prgjeets or programs funded in whole or in part with Grant funds, Subrecipient shall clearly state (i) the percentage of the total costs of the project or program which will be financed with federal money; (ii) the dollar amount of federal funds for the project or program; and (iii) the percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources. Am, DOCUMENTS AND MATFRIAL.S Mus'I' CON'I'AIN ,nit, USFWS LOGO'ON THE I'RON'Y COVER OR TITLE PAGE. 10.05 SURVIVAL THE PROVISIONS OE' THIS ARTICLE 10 SHALL SURVIVE 'PITT, TERMINATION OR EXPIRATION OF THE CONTRACT. REMAINDER OIL' PAGE INTENTIONALLY Lit F'r BLANK GLO Contract No. 13- 283 -000 -7529 Page 19 of 27 ARTICLE I I - SPECIAL CONDITIONS .APPLICABLE TO IZEAL ESTATE IMPROVEMENTS AND LAND ACQUISITIONS 11.01 USE, AND DISPOSITION OF PROPERTY Any property improved of acquired udder the Contract shall be governed by the requirements ot-fitle 43, Code of Federal Regulations, Part 12. Any real property improved or acquired" with funds from the Subgra.nt must be used and disposed of in accordance with the provisions of the Financial Assistance Award Agreement. 11.02 FEDIIRAI. Rt�,Q1ITItEMT:NTS FOR LAND ACQI)ISI'I'ION [?or all land acquisitions, Subrecipients must comply with the Iinancial Assistance Award Agreement. 1 1.03 IMPROVEMENTS If funds under the Contract are used to improve real property, Subrecipient must file a memorandum of agreem.ent in the county records where the property is located, notifying third parties as firllows: "Tuts PROPERTY WAS IMPROVED (IN WHOLE Olt IN PAWL) WITH FUNDS PROVIDED T3Y THL; U.S. DEPARTMENT Ol+ ` filee INTERIOR, FISTI AND WILDLIFE SERVICE, PURSUANT TO FINANCIAL ASSiSTANCh AWAItO NUMBi it F1.2AF01418 (UNDER GLO CON'TRAC'r NUMBER 13- 283 -000- 7529) FROM THI: COASTAL IMPACT ASSISTANCE GRANT PROGRAM, AND WILL BE MANAGED FOR 'THE PURPOSE OF TIIIS GUAN'T, IN ACCORDANCE WITII APPLICABLl+', FEDERAL AND STATE LAW. PROPERTY MAX NOT BE' DISPOSED OF IN ANY MANNER, Olt USED FOR PURPOSES INCONSISTENT WITH 'I`HE, PROGRAM FOR WHICH IT WAS ACQUIRED, WITHOUT THE PRIOR APPROVAL OF TIIF DIRECTOR, U.S. FISH AND WILDLIFE SERVICE -- WASHINCTON, D.C." Prier to any construction undertaken under the Contract, Subrecipient shall deliver to the GLO one (1) copy of Plans to be used for the Project. Any construction to be undertaken with funding from the Contract shall be completed in compliance with final Plans approved by the G1,0. UPON COMPLETION OF CONSTRUCTION, SUBRECIPIENT SMALL SU13MI`r A FINAL "AS BUILT" DESIGN IF REQUIRED 13Y THE LOCAL BUILDING: CODE OR LOCAL BUILDING OFFICIAL, AND STIALL INCLUDE P.EIOTOGRAPHS OF THE CONSTRUCTION IN TILE FINAL REPORT. Subrecipient may not remove any improvements constructed with funds provided under the Contract, unless the USFWS is compensated in accordance with Title 43, Code of Federal Regulations, Part 12. 11.04 S1)RvEYS REQUlRT3;D (a) Inland Survey. In the event that land is to bc acquired with hinds under the Contract, any parcel of land that (1) does not abut any waters and (2) is acquired by lot and block may be surveyed by a "registered professional land surveyor" or "RP1,S" as that term is defined in Chapter 1071 of the 'IIexas Occupations Code. GL0 Contract No. 1.3- 283 - 000 -7529 Page 20 of 27 The survey must meet the requirements of a Category IA, Land Title Survey, as defined in the Manual of Pr°aclice , )r- Land Surveying in Texas, published by the Texas Society of Professional Surveyors. Any survey conducted by an RP1:.8 under this Section must be accompanied by copies of each recorded subdivision plat that includes any portion of the area to be acquired, and appropriate deeds and other documents referenced on the survey plat. (b) Survey of Land Abutting Water. Any parcel of land to be acquired with funds under the Contract other than land described in Section 1.1.04(a), above, must be surveyed by a "licensed state land surveyor" or "I.SL,S" as that term is defined in Chapter 1071 of the "Texas Occupations Code. (c) Coastal Boundary Survey. In the event that a coastal boundary survey is required for the Project, Subrecipient must conduct the coastal boundary survey l'or the Project site in accordance with Section 33.1.36 of the Texas Natural Resources Code. For surveys of tracts on or adjacent to Gulf beaches, maps, surveys, and/or profiles shall not delineate or rrrap vegetation, the line of vegetation, or the landward boundary of the public beach. Such maps, surveys, and /or profiles shall also not include any mention of the location of the Tine of vegetation or the boundary of the public beach. For any work funded in whole or part by funds under the Contract, vegetation, the line of vegetation, acrd /or the landward boundary of the public beach can only be napped, delineated, or described with specific written authorization from the GLO. The coastal boundary survey, as well as surveys of land as described in Section 11.04(b), above, must contain the following statcrnent: "Tins suimw HOES NOT, NOR 1S IT INTENDED TO BE USED '.I'0, IDENTIFY, DELINEATE, OR FIX THE LINK, OF VEGETATION 011 '1'111:;, LANDWARD BOUNDARY OF THE PUBLIC BEACH." (d) REQUIRED MFD LANGUAGE AND REs'rRIC TIONS. If funds under the Contract are used to acquire real property, the acquisition deed must contain the following language: "Tim PROPERTY WAS ACQUIRED (IN WIIOI...F OR IN PART) WITII FUNDS PROVIDED BY THE U.S. DIi.PARTMENr OF 'I'IJE INTERIOR, FISII AND WILD1,11E SERVICE., PURSUANT 'ro FINANCIAL AsSISTANcE AWARD NUMBER F12AF01418 (UNDER GLO CONTRACT` NUMBER 13- 283 -000- 7520), FROM THE, COASTAL IMPAC'r ASSISTANCE GRANT PROGRAM, AND WILL, BE MANAGED FOR THE PURPOSE OF THIS GRANT, IN ACCORDANCE WIT1I APPLICABLE. FEDERAL AND STATE. LAW. PROPER'T'Y MAY NOT RE DISPOSED OF IN ANY MANNER, OR USED FOR PURPOSES INCONSISTENT WITH TIIE PROGRAM FOR WHICII IT WAS ACQUIRED, WITHOUT THE PRIOR APPROVAL O TLIG DIR.Ec"FOR, U.S. FISII AND WILDLIFE SERVICE. — WASHINGTON, D.C." If Grant funds under the Contract are used to improve public or private real property, Subrecipient must file in the real property records of the county where the property is located, a memorandum of restriction, conservation servitudes or easements affecting the real property, in a form acceptable to the GLO, that will GI,O Contract No. 13-283-000-7529 Page 21 of 27 protect the land and its natural resources and preserve the public use and benefit of the land. 11.05 APPRAISALS All appraisals performed in connection with the acquisition of land and /or easement under this section shall be completed in accordance with the Uniiorin Appraisal Standards for federal land Acquisitions. These standards can be farrrad at: li ttp: / /rvww.justicc.f;ov /enrti /land - €tcld 11.06 C'L0 APPROVAL OF REAL ESTA'Uie. Doc UMENTS The survey, appraisal, and the memorandum of restrictions, conservation servitudes, easement, or deed must be approved by the GLO. A recorded copy of the rnernorandum of restrictions, conservation servitudes, easement, or deed must be submitted to the Grant Administer. 1'he GLO will not "bold" an easement or accept it third -party right ofenforcement. 11.07 SURVIVAL THE PROVISIONS ol+ T.FIIS AtrriCLE 1.1 SHALL SURVIVE Tim. TERMINATION OR EXPIRATION OF THE CONTRACT. REMAINDER OI{ PAGIe, IN'TEN'I'IONALLv U,I; r BLANK GLO Contract No. 13 -283- 000 -7529 Page 22 of 27 AR'r1CI.,U, 12 - M.ISCELLANEOUS PROVISIONS 12.01 CONTRACT AMENDMENT Unless otherwise provided herein, any amendment to this Contract must be made by written agreement of the parties and approved by t he USF WS; to the extent required by the Financial .Assistance Award Agreement. 12.02 LEGAL, 013LIGATIONS Subrecipient shell procure and maintain for the duration of this Contract any state, county, city, or federal license, authorization, insurance, waiver, permit, qualification, or certification required by statute, ordinance, law, or regulation to be held by Subrecipient to provide the goods or services required by this Contract. Subrecipient will be responsible for payment of all taxes, assessments, fees, premiums, permits, and licenses required by law. Subrecipient agrees to be responsible for payment of any sLich government obligations not paid by its subcontractors during performance: of this Contract. Subrecipient shall not commence work on the Project until it has obtained the requisite licenses and/or permits, if applicable. COPIES OF SUCH LICENSES AND PERMITS SHALL BE INCLUDED AS A PART OF TILE QUARTERLY REPORT L +Olt THE PERIOD DURING W HICU 'THEY ARE OBTAINED. 12.03 INDEMNITY AS GOVERNMEN'TAI.., ENTITIES AND REQUIRED UNDER THE CONSTITUTION AND LAWS OF T11F, STATE OF TEXAS, EACH PAR`T'Y UNDERSTANDS 'I'll AT THEY ARIA'. 'IAABLE FOR ANY PERSONAL INJURIES, PROPERTY DAMAGE, Olt DEATH IMSUL. "PING FROM 'I HE ACTS Olt OMISSIONS OF SUCH PARTY. IN 'Flit" EVENT 'FIIAT T11E GLO IS NAMED As A PAR,rY DEFENDANT IN ANY LITIGATION ARISING OUT OF ALLEGATIONS OF .PERSONAL INJURY, DEATH, OR PROPI.+',Itl'Y DAMAGE, RESULTING FROM THE ACTS OR OMISSIONS OF SUBRECIPIENT, AND FOR WHICII Till; GLO IS LIABLE, IF A'1' AL L, ONLY THROUGH "THE VICARIOUS LIABILITY OF SURRECIPIENT, THIN, IN SUCH EVENT, SUB.REC'IPIENT AGREES THAT IT WILL PAY, ON BEHALF OIL THE, GLO, ALL COSTS AND .EXPENSES OF LITIGATION (INCIAJDING ANY COURT' COS'1;S, REASONABLE ATTORNEYS' FEES, FEES OF ATTORNEYS APPROVED BY THE OFFICE. OF THE TEXAS A'I" rORNEV (GENERAL) AS WELL AS ALL AMOUNTS PAID IN SETTLEMENT OF ANY CLAIM, ACTION, Olt SUIT, INCLUDING JUDGMENT Olt VERDICT, ARISING OUT OF OR IN CONNECTION WI'T11 `PHIS CONTRACT. .IN '1'I-I1 +'' I+,VEN'l "TIIA'I' SLJBRE(,,IPll,,NT IS NAMED AS A PARTY DEFENDANT IN ANY LITIGATION SEEKING ANY DAMAGES FOR ANY PROPERTY DAMAGE, PERSONAL INJURY, OR DEA'I`ll RESULTING Oul' OF 'riw GLO'S AC'T'IONS OR OMISSIONS, ANT) SUBRECIPIEN':I''S SOLI ±, IAARILITV, IF ANY, IS ONLY VWARIOUSLY THROUGH THE GLO, 'n[EN, IN SUCII EVENT, THE GLO AGREES TO PAY ANY AND ALL CLAIMS, DEMANDS, OR LOSSES, INCLUDING EXPENSES OF IATIGATION ( INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COS'T'S ) INCURRED BY SUBREXAPIEN.r, INCLUDING ANY VERDICTS OR JUDGMT NI'S OR AMOUNT'S PAID IN SETTLEMENT OF ANY CLAIM ARISING OUT OF, OR IN CONNECTION WiTU THIS CONTRACT. ANY ATTORNEYS RETAINED BY SUBRECIPIENT TO I&PRESEN`1' ANY IN'TERES'T oF'rHE GLO MUST BF, APPROVED BY `PITH; GLO AND HY THE OFFICE OF 'rHE TEXAS ATTORNEY GENERAL,. ANY ATTORNEYS .RETAINI!.D By 'I'llE. GLO To REPRESI +'.N'r PELF, INTERES'r OF SUI3RECIPIENT MUST 13E APPROVED BY SUSRECIPIhNT. GLO Contract No. 13- 2$3 -000-7529 Page 23 of 27 12.04 AssIGVMLNT AND SUBCONTRACTS (a) Subrecipient shall not assign, transfer, or delegate any rights, obligations, or duties under this Contract not encompassed within the Work Plan without the prior written consent of the GI10. Notwithstanding this provision, it is mutually understood and agreed that Subreeipient may subcontract with others for some or all of the services or work to be performed. In no event may Subrecipient delegate or transfer its responsibility for use of the funds under this Contract. (b) Subrecipient is responsible for upholding the integrity of the procurement process and must comply with the organizational conflicts of interest and/or noncompetitive procurement practices as required by 'Title 43, Code of Federal. Regulations, Part 12, and the Financial Assistance Award Agreed -lent, in connection with any subcontract Linder this Contract. (c) In any approved subcontracts, Subrecipient shall legally bind any such subcontractors to perform, and make such subcontractors subject to, all the duties, requirements, and obligations of Subrecipient specified herein. Nothing; in this Contract shall. be construed to relieve Subrecipient of the responsibility For ensuring that the goods delivered and/or the services rendered by Subrecipient and/or any of its subcontractors comply with all the terms and provisions of this Contract. A COPY Off[+ EACH SUBCONTRACT SIIALI, BE SUBMITTED TO TI�II? Gi,v QUARTF.RLV, AS SRECIFILD IN SECTION 4.03. ((t) The GLO and the USFWS shall have the right to initiate communications with any subcontractor, and may request access to any books, documents, papers, and records of a subcontractor which are directly pertinent to this Financial Assistance Award. Such communications may be required to conduct audits and examinations and gather additional information as provided in Article 7 and-Title 43, Code of Federal Regulations, Part 12. 12.05 ltELATIONSIIrI' OI+ TIM PAWFII,S Subrecipient is associated with the GLO only for the purposes and to the extent specified in this Contract and, in respect to Subrecipient's perFormance pursuant to this Contract, Subrecipient shall have the sole right to supervise, manage, operate, control, and direct performance of the details incident to its duties under this Contract. Nothing contained in this Contract shall be deemed or construed to create a partnership or joint venture, to create relationships of an employer- employee or principal- agent, or to otherwise create for the GLO any liability whatsoever with respect to the indebtedness, liabilities, and obligations of Subrecipient or any other party. 12.06 COMPI..IANCI; WITH OTI °ILR LAWS Subrecipient carries the responsibility to be aware of and comply with the federal regulatory requirements for federal financial assistance awards included in the Code of Federal Regulations and listed in the Financial Assistance Award Agreement, as applicable. If the Project is located within a Coastal Management Zone established by Chapter 33 of the "Texas Natural Resources Code, Subrecipient shall complete the requirements of the Contract in compliance with the CMP Rules, and shall ensure that the performance of all subcontractors is in compliance therewith. GLO Contract No. 13- 283 - 4004529 Page 24 of 27 Subrecipient shall complete the requirements of the Contract in compliance with Federal Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October. 13, 1967, and as supplernented in Department of Labor regulations in 41 C.f.R. Part 60; Subrecipient shall complete the requn-cmcnts of the Contract in compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), and L;nviroiuncntal Protection Agency regulations (40 C.T.R. part 15); Subrecipient shall complete the requirements of the Contract in compliance with standards and policies relating to energy efficiency which arc contained in the State I,nergy Conservation Plan issued in compliance with the energy Policy and conservation Act (Pub. L. 94 -163, 89 Stat. 871). In the performance of this Contract, Subrecipient shall comply with all other applicable federal, state, and local laws, ordinances, and regulations that in any manrier affect pet Iormance under this Contract. Specifically, Subrecipient will comply with the requirements identified in Attachments C and D. In accordance with State law, it is the GLO's policy to assist IIU13s whenever possible, to participate in providing goods and services to the GL,O. The GL,O encourages Subrecipient to adhere to this same philosophy in selecting subcontractors to assist in Fulfilling Subrecipient's performance; tinder the Contract. Subrecipient will provide the GLO's Purchasing, Department pertinent details of any participation by a fIUI3 in ful filling; Subrecipient's performarice under the Contract. The GLO also encourages Subrecipient;5 to partner with certified 11U13s that participate in the Comptroller's Mentor Prote'ge Program. For more information on the program, and how it can assist your firin in meeting good faith effort goals please visit: www.window.state.tx.us/ oocuretnent/ ro T /hub /mentorr)rote I Subrecipient shall, not later than the dates listed on Attachment E of the Contract, complete and return the IJUI3 expense report included in Attachment E. Subrecipient shall take notice of the Buy American Act Requirements set forth in Section .17 of the financial Assistance Award Agreement. Subrecipient is encouraged to adopt and enforce on-the-job seat belt use policies and programs as described in the Financial Assistance Award Agreement. 12.07 NoT1c1,s Any notices required under this Contract shall be deemed delivered when deposited either in the United States mail, postage paid, certified, return receipt requested; or with a common carrier, overnight, signature required, to the appropriate address below: GLO Texas General land Office 1700 N. Congress Avenue, Mail Code 158 Austin, TX 78701 Attention: Legal Services Division G1,0 C.ontrad No. 13-283- 000 -7529 Page 25 of 27 WITH A COPY 'r0: Texas General band Office 1700 N. Congress Avenue, Room 330 Austin, 'TX 78701 Attention: CIAP Grant Administrator Sttbrecipient City of Corpus Christi 1201 leopard Street Corpus Christi, TX 78401 Attention: Michael Morris Notice given in any other planner shall be deemed effective only if and when received by the party to be notified. Fither party may change its address for notice by written notice to the other party as herein provided. 42.08 (GOVERNING LAW AND VENUE This Contract and the rights and obligations of the parties hereto shall be governed by, and construed according to, the laws of the State of Texas, exclusive of conflicts of law provisions. Venue of any suit brought under this Contract shall be in a court of competent jurisdiction in "Travis County, Texas. Subrecipient irrevocably waives any objection, including any objection to personal jurisdiction or the laying of venue or based on the grounds of fin -inn non conveniens, which it may now or hereafter have to the bringing of any action or proceeding in such jurisdiction in respect of this Contract or any document related hereto. NoIING IN 'flits sE(,PION SHALL BE CONS` RI)I�:I) AS A 'rI WAIVER OF SOVI,REIGN IMMUNITY BY THE (GLO. 12.09 SE,VERABILITY If any provision contained in this Contract is held to be unenforceable by a court of law or equity, this Contract shall be construed as if such provision did not exist and the non - enforecability of such provision shall not be held to render any other provision or provisions of this Contract unenforceable. 12.10 Dlsm t'E REsot,u,nON If a contract dispute anises that cannot be resolved to the satisfaction of the parties, either party may notify the other party in writing of the dispute. if the parties are unable to satisfactorily resolve the dispute within fburteen (14) days of the written notification, the parties must use the dispute resolution process provided for in Chapter 2260 of the Texas Government Code to attempt to resolve the dispute. This provision shall not apply to any matter with respect to which either party may make a decision within its respective sole discretion. 12.11 h1N'I'IRE (',ON'I'RA(:T AND MOI)Il IcA'1'IONS This Contract and its integrated attachments constitute the entire agreement of the parties and are intended as a complete and exclusive statement of the promises, representations, negotiations, discussions, and other agreements that may have been made in connection with the subject mutter hereof. Any additional or conflicting terms in such attachments) GLO Contract No. 13- 283 -000 -7529 Pogi2G of 27 SIGNATURE PAGE mR GLO CONTRACT No. 13-283-000-7529 C.xrsNERAL, LAND OFM..cC CITY OF CORPUS CHRISTI Larry L. Laine, Chief Clerk/ Deputy Land Commissioner Date of execution: Il,'GAL. F A G C, �! ATTACHMENTS'ro Tills CONTRACT By:_ Title: Date of cxecri:' A'rTACIIMT.NT A: Work Plan and Project Budget ATTA(IIMENT13: USFWS Vinaacial Assistance Award Agreement to the GL,O for Award No. F l2AF01418; Project Narrative; Budget Narrative A`I °.rACIIMEN' C: Federal Assurances, as applicable -- Construction (SF -4241)) or Non- Construction (Sl',- 42413); and Certification Regarding Lobbying Lower Tier Covered Transactions (CD -512); and Disclosure of Lobbying Activities Form (SF -L.LL) A,rrACIIME,NT D: General Affirmations A,I`FAChiMEW[' E: Sa.rnple Additional Required Dorms: Progress (Report Form; Invoice for CIAI' Federal Expenditures Form; Budget Amendment Request Form; 11L)B L:xpetise Reporting Form; Audit Reporting Form; Final Project Report Form M°rACllwWr F: final, Actual Budget to be Submitted by Subrecipient M rActim M's I {oi.,L,ow WORK PLAN AND JIU.DGll{ I' rotect s u giiq� Attachme, to Contract No, 13- 283 -1100 -7529 Page 1 of2 The City of Corpus Christi is seeking $1,500,000 in FY 2010 state CIAP hands to build an approximately 3,500 sq ft learning center that will serve as a regional site for coastal environmental education in Corpus Christi, 'Phis project is Phase 3 of a five phase project. Only Phase 3 is seeking; CIAP funding. The construction will follow filial engineering and design plans that will be awarded through the federal solicitation process. A conservation easement has been put in place, consistent with the CMP funding /coiAractual tequireinents that protects the acquired property and specifically allows for the construction of the Learning Center, 'flre center will include: exhibition space; two multi - purpose rooms that can be used for additional exhibition space or classrooms; a wetlab designed for use by area schools and community groups; and the design and production of environmental education exhibits. Only a local building perinit will be required because the project is located on uplands, out of the floodplain, and will not disturb wetlands. Additionally, the Learning Center will be located at the entry to the Oso Day Wetland Preserve, and linked to two miles of nature trails, interpretative sites, wildlife viewing stations, and areas undergoing; active restoration (with on -site interpretation of the restoration activities). The exhibits will highlight the importance of coastal natural resources (both coastwide and local.) and educate youth and the public on a variety of issues, including coastal erosion, nonpoir►t source pollution reduction, species conservation., habitat and wetland restoration, and the importance of water conservation . as it relates to freshwater inflow into the state's estuaries. The project will be built and maintained by the City of Corpus Christi. further, to help ensure effective use of the facility and its integration into existing programs, the City will appoint an educational steering committee, which will include men fibers from the, the Coastal Bend Bays and estuary Program, and area school districts and a representative from the Corpus Christi Convention and Visitors Bureau (Nature Tourism Division) to guide the design of educational exhibits and programming. Statement of W01•10 The GLO will sub -award this project to the City of Corpus Christi ( "thc City„). A preliminary design (included with the application) has been developed by the city staff. The City hired RVi Planning as the enginecring /construction firm; in December 2010 through a competitive process that met requirements of 43 CFR 12.76, Procurement for Contracting. The engineering /construction firm has completed most of the outdoor project elements of the Oso Bay Wetland Preserve. The City's contract with the enginecring/constt-uction firm is structured in such a way that, immediately upon :funding, the City can issue a work order directing; the contractor to begin work on the Learning; Center. The City will contract with all organization, in accordance with 43 CPR_ 1236, Procurement for Contracting;, of appropriate expertise to design the indoor coastal educational exhibits. The exhibits will highlight the importance of coastal natural resources (both coastwide and local) and educate youth and the public oil a variety of Attachmei t A (:,'o»tritet No. 13- 283. -4)00 -7529 t'ow 2 of 2 issues, including coastal erosion, rionpoint source pollution reduction, species conservation, habitat and wetland restoration, and the importance of water conservation as it rclates to freshwater inflow into the state's estuaries. No lase -awatd costs -re included Schedule: "Task 1: Appoint the Education Advisory Committee (March 1, 2013) Task 2: Construct the Learning Center (July 31, 2014) Task 3: Design and Install Indoor lsxhibits (July 31, 2014) Task 4: Closeout (August 30, 2014) Do ivcrabies: lesiw ipiion ' V~ 1)ite With April 2013 monthly report List of Education Advisory Committee copy of signature page of 10 days after execution Construction contract Fiilal Design plans (building and 1.0 after receipt exhibits) _ ._. _ Photodoeumentation before, during and after construction (building and With appropriate monthly reports exhibits) Sigilage -- m.....__ _^ _.— - Within 30 days of construction completion Within 10 days of closeout Closeout report BUDGU Salaries Fringe 13enefifis Travel Smolics Contractual $1,500,000 Other Direct Costs Indirect Costs TOTAL Attachment 11 C:ontraei No, 13- 283 - (100 -7S29 Page 1 of 12 tir Op ryF , m iii. Lire Y United States Department of the interior �� ' ..... ....... . r FISH AND WII.DLIFL SERV[CR = "` yqJ" ' "ipa9 Washington, D,C. 20240 w a ,� �'�• In Reply Refer To: WSFR /CLAP/ Fl2AF0]4I8 OCT 18 2012 Larry L, L nine Deputy Hand Commissioner General Land Office 1700 N. Congress Ave. Austin, Texas 78701 -1495 Dear Mr. L.ainc; Grant number F 12AFO 1418, " 4so Bay Coastal Environmental Learning Center," is approved for funding in the amount of $1,500,000,00 under the Coastal Impact Assistance Program (CDPA # 15.668). The grant agreement period is effective May 1, 2012 — September 30, 2013. An SF-424 arnendnwnt will be required to add or delete a project; increase or decrease the FQ(Jural fields; modify the agreement period and /or change key personnel. A letter or e►nail to the Coastal Impact Assistance Progrom (CIAP) Branch Chief may be used for a change in key personnel, Please submit all correspondence, amendments, and performance reports to FW9 —W8FR CIAP@u fws.gov This grant award is subject to the following terms and conditions: a) Reporting; requirements: 1) Financial and performance reports are required under this award, as follows: _ mmRe urt _ w Re r1 or•t Period _ r...... � . Report Due Date Annual interim financial 05/01/2012 — 06/30/2013 09/28/2013 and performance reports 12/29/2013 Final financial 8c 05/01/2012 — 09130/2013 f erorn�ane;e re. arks 2) Requests for an extension of the report due date tip to an additional 90 days must be submitted to, and received by, this office, no Iater than 1 day before the report dice (lute. If those reports are not received by the original or extended due elate, the CIAP may: I) withhold cash payments; 2) suspend or terminate the award, Martially or entirely; 3) withhold further awards for the grant prof rain; and 4) pursue other legal rellledies, The sanctions that the CIAP imposes will remain in effect until the required reports are received [43 Attachment It Cootract No. 13- 283 -000 -7529 Pate 2 or 12 Mr. Laine 2 F12AF01418 .-CM 12.80(b)(1); 43.CiR 12.81(b)(3); U,S, Fish and Wildlife Service .. (USF W,S) Manual Chapters 516 la W 1 & 516 f W 2]. 3) A portortnance repod must contain the following: A. A C0Dlpari8011 Of aCtual a CC0111p11Sllinetlts with tile, goals and objectives established tar the reporting period; B. If the goals and objectives were not met, reasons wily; and C. Other important inibrinatlon including, when appropriate-, analysis and explanation of cost overruns or high unit costs compared to the benefit received to reach an objective b) Grantees must comply with the Federal laundillg Accountability and'1'rans1arency Act (FFA`I'A). Additional information may be found at littl)s://www.fsrs.gov/, c) The purchase of equipment has been approved in this grant, Individual equipment purchases must be identified in Anlival Interim and Final Performance Reports. Equipment shall be managed and disposed of as outlined in 43 CFR 12.72. Acceptance of a Federal financial award carries with it the responsibility to be aware of and comply with the torms and conditions of the ward, including those assUrRnQes subEitted aElnually by your agency per llttpa /ww . dai. gavlarcllive/ p�t7�ll 'er�nslndConditions.htnll, Acceptance is defined as the start of work, drawing down fiends, or accepting tho award via electronic means. Awards are based on the application and supporting documents as submitted to and approved by the CIAP. .Please contact Stephen Jones, Grant Specialist, at 703 - 3582097, or me at 703358 -1783, with any questions or concerns about the terms of this Award. I'emi I.,, Bartnic t Chief, Coastal Impact Assistance Program Branch Wildlife and Sport lash Restoration Program cc: Additional jgant contact Tom Calnan, CIAP Melissa. Porter, GLO Am.ichnient 11 Contract No. 13 -283- (100 -7529 Page, 3 or 12 Faxry�� United States Department of the Interior FISH AND WILDLIFE SERVICE Washington, D.C. 20240 111 Reply Refer To: WS1iR/CIAP/ F t2AF01418 OV 0 g 202 Mr. Larry Laine Dcputy land Commissioner General Land Office 1700 N. Congress Ave. Austin, Texas 78701 -1495 Dear Mr. Laine: An extension of the performance period for grant number F12AF01418, amendment 1, "Oso Day Coastftl Environmental Learning Center," is approved under the Coastal Impact Assistance Program (CFDA # 15.668). The effective elate for this ameadment is November 7, 2012. The grant perfon>tanee period is May 1, 2012 through December 30, 2014. This grant award is subject to the following terms and conditions: a. Reporting requirements: 1) Financial and perfonnance reports are required under this award, as follows: R5port Re tart Period _ Re ort Due bate Annual interim financial 05/01/2012 — 0 6/3012013 0912812013 and performance reports Annual interim financial 07/01/2013 — 06/30/2014 09/28/2014 and performance reports Final inaneial & 05/01 12012 — 12/31/2014 03/28/2015 erformancc reports 2) Requests fi r an extension of the report due date up to an additional 90 days must be submitted to, and received by, this office, no later than 1 day before the report due date. 3) A performance report must contain the following: Attachment B Coistrnet No. 13- 283 - 000.7529 Page A of 12 Mr, Laine P12AP01413 A, A comparison of actual accomplishments with the foals and objectives established for the reporting period; B. If the goals and objuctives were bilk riot, reasons why; and C. Other important information including;, when appropriate, analysis and explanation of cost overruns or high unit casts compared to the benefit received to rench nn objective. b. Grantees must comply with the Federal funding Accountability and Transparency Act (FFATA). Additional information may be found at ltttp: /lwww.dai.�ov /paf��! #financial as sisttuicelawt►rdlindex,lyttr�l c. All Grant conditions identified in previous award letter(s) retrain in effect, Acceptance of a federal financial award carries with it the responsibility to be aware of and comply with the terms and conditions of the aware/, including those assurances submitted annually by your agency ( http:// www. doi. gov/ archivc/ patzr /TermsatidCon(litions,littii1). Acceptance is defined as the start of work, drawing clown funds, or accepting; the award via electronic means. Awards are based on the application and supporting documents as subrnitterl to and approved by the CIAP awarding; agency. Please submit correspondence, arnendtnent requests, financial and performance reports and general inquiries to )~W9_WSF'R_CIAP @fws.gov. We appreciate this opportunity to work with you as the implementation of your approved State CIAP Plan project continues. Please contact Stephen Jones, Grant Specialist, at 703 - 358-2097, or me at 743 «358 -1783, with any questions regarding the terms of this award, specified conditions, and/or reporting requirements. in rely, r— , Pennyl�., a"nicic`. Chief, Coastal Impact ;Assistance Prograin Branch Wildlife and Sport Dish Restoration Program cc: Melissa Porter, GLO Thomas Calnan, CIAP Al(achmeot R Contract No. 13- 28:3 -000 -7529 Page 5 of 12 Oso .Bay Coastal Environmental Learninjj Center Project Narrative 1. Designated State Agency or Coastal Political Sub(livision General Land Office Larry L. Laine, Deputy Land Commissioner and Chief Clcrlc 1700 N. Congress Ave, Austin, TX 78701 (512)936 -1927 (512)475 -1558 (fax) t.arry.laine(u)glo.texas.gov 2. Project Title Oso Bay Coastal Environmental Learning Center 3. Contact Information Project Manager Contact Contact Name: Martha lottarelli Entity, General Land Office Address: 1700 N. Congress Avenue, Austin, 'FX 78701 Telephone Number: (512)475.6119 Fax Number: (512)463 -5233 E -mail Address: Martha.rottarelli u, ,lo.texas. ov Application Contact Contact Name: I 'ntity: Address: Telephone Number: Fax Number: -Mail Address: Sub- grautee Contact Contact Name: lntity: Address: `I"clephone Number: Fax Number: I -Mail Address: Melissa Porter General Land Office 1700 N. Congress Avenue, Austin, TX 78701 (512)475 -1152 (512) 463 -5233 Melissa. orter ti) rlo.texas. jov Mr. Michael Morris City of Corpus Christi 1.201 .Leopard Street, Corpus Christi TX 78401 (361) 826 -3461 (361) 8263864 MichaelMo@ectexas.com 4. Project Summary Location: The project will be located in the new (recently acquired and yet to be developed) 162 -acre Oso Wetland Preserve on the west shore of Oso Bay. `hhe property's physical address is 8001 14olly Road, Corpus Christi, TX 78414. Latitude: 27 °40'16.16 "N; Longitude 97 °19'52.15 "W Duration: 16 months Total CLAP Cost in Approved State Plan: Total CLAP Cost in Approved Plan by FY Allocation: .. ..... ... Current `I "otal CIAP Cost: Current'Total CIAP Cost by FY Allocation: Current CIAP Grant Funds Request: Current CIAP Grant Funds Request by FY Allocation: Attachment 13 Cootract No. 13- 283 - 000 -7529 Page 6or12 $1,500,000 $1,500,000 (FY20 10 Allocation) $1,500,000 $1,500,000 (FY2010 Allocation) $1,500,000 $1,500,000 (FY2010 Allocation) The City of Corpus Christi is seeking `61,500,000 in FY 20.10 state CIAP funds to build an approximately 3,500 sq 11 learning center that will serve as a regional site for coastal environmental education in Corpus Christi. This project is Phase 3 of a rive phase project. Only Phase 3 is seeking CIAP funding. The construction will 'follow final engineering and design plans that will be awarded through the federal solicitation process. A conservation casement has been put in place, consistent with the CMP Iundinglcontractual requirements that protects the acquired property and specifically allows for the construction of the Learning Center. The center will include: exhibition space; two multi - purpose rooms that can be used for additional exhibition space or classrooms; a wetlab designed for use by area schools and community groups; and the design and production of environmental education exhibits. Only a local building permit will be required because the project is located on uplands, out of the floodplain, and will not disturb wetlands. Additionally, the .Learning Center will be located at the entry to the Oso Bay Wetland Preserve, and linked to two miles of nature trails, interpretative sites, wildlife viewing stations, and areas undergoing active restoration (with on -site interpretation of the restoration activities). The exhibits will highlight the importance of coastal natural resources (both coastwide and local) and educate; youth and the public on a variety of issues, including coastal erosion, nonpoinl source pollution reduction, species conservation, habitat and wetland restoration, and the importance of water conservation as it relates to freshwater inflow into the state's estuaries. The project will be built and maintained by the City of Corpus Christi. Further, to help ensure effeetive use of the facility and its integration into existing programs, the City will appoint an educational steering committee, which will include .members from the Ilarte Research Institute, the Coastal Bend Bays and Estuary Program, and area school districts to guide the design of educational exhibits and programming. The Learning Center will also serve as the entrance to the Oso Bay Wetland Preserve and provide controlled access to the preserve's restoration sites, wildlife viewing areas and platforms, educational signage, and nearly two miles of nature trails. The center will serve several constituencies, including school districts, area institutions of higher education, and the general public. It will accommodate approximately 120 students in guided groups and 500 members of the general public per day, as well as larger numbers during special environmental education events. In addition to environmental exhibits, the center will host both youth and adult environmental education programming. The project will additionally promote the restoration and protection of the 'Texas Coast by providing educational opportunities and programming that promote long -term environmental stewardship. No CIAP funds relative to this project will be used for federal cost sharing or matching purposes. Altachmenl 13 Coo(rad Nn. 13-283-000-7529 Page 7 of 12 Goal: TO provide the indoor infrastructure necessary for extensive environmental education and interpretation that will take place at the Oso Bay Wetland Preserve and learning Center. Measureable Objectives . 1. Solicit and award final design plans 2. Obtain a local building permit 3. Construct the learning Center 4. Design and install indoor educational exhibits S. Appoint educational steering oversight committee S. Authorized Uses #t. Projects and activities for the conservation, protection, or restoration of coastal areas, including wetland. This project provides educational opportunities to school youth and the general public that promote the conservation, protection, and restoration of coastal natural resources, including freshwater and saltwater wetlands, tidhtl sand and tnudflats, seagrass beds, and other coastal natural resources. The learning Center, the educational cle►nents within it, associated environmental programming, and the Oso Bay Wetland Preserve will be designed to promote a conservation ethic in visitors that encourages the long -tern stewardship of the Texas Coast. "Phis project additionally meets the environmental education goals of the Coastal Bend Bays Plan and the Texas CMP. The Coastal Bend Bays flan is a f.'ederally approved comprehensive conservation management plan defined by Section 320 of the :federal Clean Water Act, 1.987. The primary educational goals ol'the Coastal Bend Bays Plan arc to: raise public environmental awareness; foster community stewardship of bay resources; and increase individual involvement in bay resource management issues (page 131 of the "Implementation Strategy for the Coastal Bend Bays Plan "). The project also supports the federally approved Texas CMP by addressing two program goals: to protect, preserve, restore, and enhance the diversity, quality, quantity, functions, and values of Coastal Natural Resource Areas (CNRAs); and to educate the public about the principal coastal problems of state concern and technology available for the protection and improved management of CNRAs. 6. Project Description Statement of Work: The G1.,O will sub -award this project to the City of Corpus Christi ( "the City "). A preliminary design (included with the application) has been developed by the city ,staff. The City hired RVi Planning as the engineeringlconstructior► firm in December 2010 through a competitive process that met requirements of 43 CFR 12.76, Procurement for Contracting. The engineeringlconstruction firm has completed most of the outdoor project elements of the Oso Bay Wetland Preserve. The City's contract with the enginceringlconstruction firm is structured in such a way that, immediately upon funding, the City can issue a work order directing the contractor to begin work on the Learning Center. The City will contract with an organization, in accordance with 43 CFR 12.76, Procurement for Contracting, of appropriate expertise to design the indoor coastal educational exhibits. `Fhe exhibits will highlight the importance of coastal Attaetimeid 13 Coolract No. 13-293-000-7529 Page 8 or 12 natural resources (both coastwide and local) and educate youth and the public on a variety of issues, including coastal erosion, nonpoint source pollution reduction, species conservation, habitat and wetland restoration, and the importance of water conservation as it relates to Freshwater inflow into the statc ", estUaries. No pre -award costs are included. Schedule — 'cask 1: Execute sub - grantee agreement between GLO and City Of Corpus Christi (3 months after grant award) Task 2: Appoint the Education Advisory Committee (I month after completion of'fask I) Task 3: Construct the Learning Center (12 months al er completion oFTask l ) Task 4: Design and Installation of Indoor Exhibits (15 months after completion of Task l ) Taste 4: Closeout (I month after completion of Task 4) Factors that could disrupt of expedite the project schedule: 'There are no factors that will delay implementation. The City has acquired the property. A conservation easement has been placed on the property (puI-ehased in hart with federal funds) that allows for the construction of a regional coastal education facility. The location of the facility is outside the f loodplain. Project Management Plan The GLO will sub -award this project to the City of Corpus Christi through a sub - grantee grant agreement. Under this contractual agreement, the sub- grantee will be required to submit written monthly progress projects, timely invoices of documented expenses, and on -time deliverables. The CtAi' administrative manager (CIAP AM) for this project is: Contact Name: Martha Zottarelli Entity: General Land Office Address: 1700 N. Congress Ave., Austin, TX 78701. Telephone Number: (512)- 463 -6119 Fax Number: (512)- 463 -5233 1-mail Address: Martha .zottarelliCa),glo.texas.gov Ms. Zottarelli will meet with the City and visit the project site at the beginning of the construction, at least once during construction, and at the end of the construction. As the administrative manager, Ms. 'Zottarelli will be in charge of the compliance with rules and regulations of CIAI-1 by monitoring the sub - grantee agreement, project reports, invoices, and deliverables, and providing the resources deeded for the success of the project. The City project manager (PM), Michael Morris, will be responsible for implementing the QA/QC policies and procedures established through the sub - grantee agreement within the CIAP program. Mr. Morris' services will be paid by the City of Corpus Christi with non -CIAP funds. The PM or his designated representative will make regular site visits to provide collstruetion inspection and to ensure the work is being performed it) accordance with the plans and specifications. The PM or his designated representative will provide written monthly updates to the CIAP Administrative Manager in accordance with the sub- grantee agreement. Attachment 11 C011hMet No. 13- 283 -()pt� -7829 Pslgc 9 of 12 Contact information for the PM is: Contact Name: Michael Morris P,ntity: City of Corpus Christi Address: .... 1201 1;eopard Street, Corpus Christi, TX 78401 Telephone Number: (361)526 -3461 Fax Number: (361)$26 -3864 E-mail Address: MichaelM.o(c'cetexas.com The City has extensive experience in designing, contracting, and managing construction projects. Mr. Morris' oversight will include all aspects of the project such as preparation of the bids and specs, hid advertising, contracting, construction, inspection, submittal approval, and budget and invoice review and approval and related C1AP grant administration. Deliverables Description — Submit with Annual Report ..Copy of construction contract Final Design plans (building and exhibits) Submit with Annual Report List of Education_ Advisory Committee Srgnae� ����� Submit with Annual Report Within 30 clays of construction completro'n Closeout report Within 1.0 days of closeout Final Report 90 days after closeout Compatibility /Synergy `1'he PI-gject will be the last major component of the larger Oso Bay Coastal Environmental Learning Center and Wetland Preserve project. The 162 -acre complex is designed around the Learning Center, which will serve as both the entryway into the preserve and a primary location for educational interpretation of the preserve. Many of the components of the Oso Bay Wetland Preserve are either completed, or have been funded and will soon be under construction. These include the acquisition. of the property (includes purchases by the City using CMP and local funds and a significant donation from the Coastal Bend Bays & l;stuaries Program) and development of an interpretative trail system and wildlife viewing stations (funded by the City and `FPWD). "1'he City is currently proposing to the Texas CMP (Cycle 16) a restoration plan for the 162 acres. The CMP proposal includes the development of a restoration and monitoring plan for the site, actual on- the - ground restoration, and educational interpretation of the restoration activities. Controversy /Support Local support from area school districts, the Coastal Bend Bays & t ?stuaries Program, and elected public officials, among others, is documented and available upon request. Importantly, this project was included in the City's "Comprehensive Parks, Recreation and Open Space Master Plan 2007 - 2008." Such plans are required by TPWD before the department will Attachment It Contract No. 13 -283- 000 -7529 Page 10 of 12 award grant funds for outdoor or indoor recreational or educational opportunities. TPWD requires extensive public involvement in the developme.lit of the plans. Maps/Drawings . NIA. 7. Description of Envirmimental Impacts The project will not have a significant negative impact on environmental resources. The Learning Center is being; constructed outside the floodplain on former rangeland of little ecological value. 'he; I.,carning Center will be built on significantly degraded coastal prairie outside of the floodplain. E'rosio.n control and retention areas will be utilized to prevent soil run -off during; any construction activity. LOSS o1' vegetation associated with construction of the nature center will have an insignificant effect on the environment. .l.,osses will be mitigated by the substantial restoration activities, including; the creation of wetlands and the replacement of nonnative grasses with native grasses within the 162 -acre nature park. The property will be maintained to the standard of other nature center's across the state. The facility will mitigate use of fossil fuels by using photovoltaic Celts for power and passive industrial lighting (industrial skylights) for indoor lighting;. Any wildlife impacts frorn lights at nighttime will be mitigated by park closure at dusk, with periodic exceptions when the Learning- Center stays open into the early evenings to accommodate groups. The project will be built to l,l l:D standards. �['he LI ED standards encourage sustainable green building and development practices through the creation and iinplenlentatioil of universally understood and accepted tools and pe.r(brtnance criteria. 8. Relationship to Other Federal Programs The Oso Bay Wetland Preserve property acquisition was partially funded by a $325,520 CMP grant (Cycle W). A Cycle 16 CMP grant for restoration activities on the Oso Bay Wetland Preserve is currently pending review. No CIAP finids werclarc being used to match these proposals. 9. Federal, Mate, and Local Agencies Area school districts, universities, and others have opted to support this phase of the project through an in -kind donation of labor by service oil a steering committee that will help guide the educational components of the proliect. Note that earlier phases of the larger Oso Bay Coastal Environmental .l.,earning Center and Wetland Preserve project have received significant support from the Coastal Bond Bays, & Estuaries Program (the donation of 77 acres of land) and TPWD ($800,000 for land acquisition, interpretive trail development, and wildlife viewing stations). 10. Project Information Questions Environmental Review 1) Does the project require any l"ederal environmental review (e.g., environmental assessment, environmental impact statement, biological opinion)? Aff»crin7enf It Contract No. 13- 283 -000 -7529 Page r.r of 12 Yes _X —No 2) roes the project require any State: environmental .review (e.g., Consistency Determination State l fistoric i'reserwation Office)? YES _X —No 3) Does the project require any local environmental review (e.g., zoning)? Yes _X —No Permits I hoes the project rcquirc any Federal permits? Yes X No 2) Does the project require any State permits? Yes X No 3) Does the project require any local permits? _X —Yes No Legal Proceedings 1) Are there any pending Iegal proceedings that have been taken against any of tile permits or related environmental analyses .required for the project? Yes _X —No 11. Changes to Projects from the Approved State Plan The below changes reflect differences between the Project Narrative and the previously approved State Plan. e 'l'he contact information for the sub - grantee was updated. The proposed changes in this project comply with the original intent of the project as stated in the approved flan. The original project description remains recognizable, and is still covered by the Governor's Certification of Public .Participation, application submittal and Larry 1_,aine's signature validate this medication. Atta Aliment R Contract Na. 13- 283 -000 -7529 wage 12 of 12 Oso Bay Coastal Enyiz-onmc�ttal Learirii� Center Budget .Narrative Martha Zottarelli with the Texas General Land Office, as the CLAP administrative manager, will be responsible for establishing and enforcing the QA /QC policies and procedures of the C1AP program, ►monitoring the progress of tliv project, approving payment of invoices, and submitting performance reports as instructed in the grant award. Ms. Zottarelli's expenses will be paid frorn the FY2009 /10 Planning Assistance and CIAP Administration project. Contractual Services: The GL,O will sub -award this project to the City of Corpus Christi ( "the City "). A preliminary design (included with the application) has been developed by the city staff. The City hired RVi Planning its the engincering /constriction firm in December 2010 through a competitive process that met requirements of 43 CLLR 12.76, Procurement for Contracting. The engitacetinglconstructiom firm has completed most of the outdoor project elements of the Oso Bay Wetland Preserve. The City's contract with the engineering /construction firm is structured in such a way that, immediately upon funding, the City can issue a work order directing the contractor to begin work on the Learning Center. Tlae City will contract with an organization, in accordance with 43 CTR 32.76, Procurement For Contracting, of appropriate expertise to design the indoor coastal educational exhibits, The exhibits will highlight the importance of coastal natural resources (both coastwide and local) and educate youth and the public on a variety of issues, including coastal erosion, uonpoint source pollution reduction, species conservation, habitat and wetland restoration, and the importance of water conservation as it relates to freshwater inflow into the state's estuaries. No pre -award costs are included. Total Contractual Services: $1,500,000 Project Budget: Salayies: $0 fringe: $0 Travel: $0 Contractual: $1,500,000 IDC: $00 Total: $1,500,000 A fadmictit C Federal Assurances and Ccrtilications Page t of 5 OMB Approval No, 0340 -0042 ASSURANCES - CONSTRUCTION PROGRAMS Public reporting burden for this collection'of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information, Send comments regarding the burden ustimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348 -0042), Washington, Or, 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGES'. SEND IT TOT HE ADDRESS PROVIDED BY THE SPONSORING AGENCY. f OTC : Certain of these assurances may not be applicable 'to your project or program, If you have questions, please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances, If such is the case, you will be notified, As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non- Fedoral share of project costs) to ensure proper planning, managomont and completion of the project described in this application. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3, Will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal interest in the title of real property in accordance with awarding agency directives and will include a covenant in the title of real property ayuirect in whole or in part with Federal assistance funds to assure: non- discrimination during the useful life of the project, 4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans, and specifications. 5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with tho approved plans and specifications and will furnish progress reports and such other inforrnation as may be required by the assistance awarding agency or State. 6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 8. Will comply with the Intergovernmental personnel Act of 1970 (42 U.S.C. § §4728 -4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit system of Personnel Administration (5 G.F.R. 900, Subpart F), 9. Will comply with the Load -Based Paint Poisoning Prevention Act (42 U.S.C. § §4801 et seq.) which prohibits the use of lead -based paint in construction or rehabilitation of residence structures, 10. Will comply with all Federal statutes relating to non- discrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (Kf., 118 -352) which prohibits discrimination on the basis of race, color or national origin; (b) ' titte IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681 - 1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (p9 U.S.6. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. § §6101- 6107), which prohibits discrimination on tho basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P,L. 92-255), as amended, relating to nondiscrimination on Ihc: basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and fte.lialAitolion Act of 1970 (P,L. 91 -616), as amended, g1lating to nondiscrimination on the bases of alcohol abuse or alcoholism; (g) § §523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. § §290 dd -3 and 290 ee- 3), as amended, relating to confidentiality of atcohol and drug abuse patient records; (h) Title Vill of the Civil Rights Act of 1968 (42 U.S,C. § §3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statutes) which may apply to the application. Standard Form 424D (Rov, 7 -97) Previous Edition Usable Authorized For Local Roproduction Preseibad by OMB Circular AA02 11 Will comply, or has already complied, with the requirements of Titles 11 and III of the Uniform Relocation Assistance and ftcal Property Acquisition Policies Act of 1970. (F.1.91 -616) . which ptovide.fo.r...foir..and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally- assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12 Will comply with the provisions of the Batch Act (5 U.S.C. § §1501 - 1506 and 7324 - 7:328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. l3 Will comply, as applicable, with the provisions of the Davis - Bacon Act (40 U.S.C. %276a to 276a -7), the Copeland Act (40 U.S.C. §276c and 18 U.S,C- §874), and the Contract Work hours and Safety Standards Act (40 U.S.C. %327 16. 333) regarding labor standards for federally- assisted construction subagreements. AttaCt3mCnt C Fcdcral Amuranccs and Certifications Page 2 of National Environmental Policy Act of 1969 (P -L. 91- 190) and Executive order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to LO 119.9{1; (d) evaluation of flood ha7ards in floodplains in accordance with EO 11984; (e) assurance of project consistency with the approved Stale management program developed under tho Coastal Lone Management Act of 1972 (16 U,S.C. § §1451 et seq,); (f) conformity of Federal actions to State (Clean Air) Implementation Ham,, under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C, § §7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93.523); sand, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P,I_. 93--205). Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. § §1271 et seq_) related to protecting components or potential components of the national wild and scenic rivers system. 14- Will comply with flood insurance purchase requirements of Section 102(a) of the f=lood Disaster Protection Act of 1973 17. Will assist the awarding agency in assuring compliance (P.L. 93 -234) which requires recipients in a special flood with Section 106 of the National Historic, Preservation hazard area to participate in the program and to purchase Act of 1966, as amended ('16 U.S.C. §470), EO 11593 flood insurance if the total cost of insurabto construction (identification and protection of historic properties), and and acquisition is $10,000 or mare, the Archaeologica( and Historic Preservation Act of 1974 (16 U.S.G. § §469a -1 et seq.), 15. Will comply with environmental standards which may be prescribed pursuant to the folfowing: (a) institution of 18. Wilt cause to be performed the required financial and environmental quality control measures under the compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A -133, "Audits of States, Local Governments, and Non -Profit Organizations." 19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. THtS FORM MIDST BE )~X -,CUTF.D BY ANT OFFICIAL AUTHORIZED TO BIND CONTRACTOR SIGNATURE OF AUTHOR17_ED CERTIFYING OFFICIAL APPLICANT ORGANIZATION DATE SUBMITTED - - - - -- ...- -._.__ SF-424D (Rev. 7.97) Back FORM CD --W (R1'_V 12.04) CER I-IFICNI'ION REGARDING LOBBYING LOWER TIER COVE, RED TRANSAC'T'IONS Attachment C Federal Assurances and Certifications Page 3 of U.S. DEPARTMEN1 OF COMMERCC Applicants should review the instructions for certification included in the regulations before completing this form. Signature on this form provides for compliance with certification requirements under 15 CFR Part 28, "New Restrictions on Lobbying." LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 15 CFR Part 28, for persons entering into a grant, cooperative agreement or contract over $100,000 or a loan or loan guarantee over $150,000 as defined at 15 CFR Part 28, Sections 28.105 and 28.1% the applicant certifies that to the best of his or her knowledge and belief, that (1) No Federal appropriated funds have been paid or will be. paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an atfiWr or employee .of any agency, a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal. grant, the snaking of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to infuenco an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, tho undersigned shat[ complete and submit Standard Form-1-1-L, "Disclosure Fortin to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shail cerlify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was mado or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code: Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure occurring on or before October 23, 1996, and of not less than $11,000 and not more than $110,000 for each such failure occurring after October 23, 1996, Statement for Loan Guarantees and Loan Insurance The undersigned states, to the best of his or her knowledge and belief, that: In any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any ardency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United Slates to insure or guarantee a loan, the undersigned shall complete and submit Standard Form -LI_L, "Disclosure Form to Report Lobbying," in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, US. Code. Any person who fails to file the required state- ment shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure occurring on or before October 23, 1996, and of not less than $11,000 and not more than $110,000 for each such failure occurring after October 23, 1996, As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above applicable certification. NAME OF APPLICANT PRINTED NAME AND TITLE OFAUTI-14RIZED REPRESENTATIVE SI NUMBER AND /OR PROJECT NAME DATE THIS FORM MUST BE EXECUTED Attachment C Fedet'al Assurances and Certificittiolrs Page 4 of 5 DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348 -o046 (See reverse for public burden disclosure.) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: 1 a. contract �a. bidlofferla ppl i cation a. initial filing b. grant b. initial award b. material change c• cooperative agreement c. post -award For Material Change Only: d. loan year _ ____ quarter e. loan guarantee date of last report f. loan insurance _ 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name D Prime D Subawardee and Address of Prime: Tier , if known: Congressional district, if known: 4e Con ressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name /Description: CFDA Number, if applicable: 8. Federal Action Number, if known: 9. Award Amount, if known: 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (if individual, last name, first name, Ml): different from No. 10a) (last name, first name, 101): fhforrnallon requesled through {his form is auihodxed by (Wo 31 U.S.C. section 11.1952. Signature: This disclosur0 of fubby;ng activilies Is a mstorial repfesernhrGon of 1`10 upon wLidt reliance was placad by Iho tier above when Uzis Iron8iOw was mado Print Name: or enlered inle. This disclosure is logvired pursuant to 31 U,S.C. 1352, This Title: iriforrnation Will be available for public inspeclim. tiny person who lails to We the required disclosure shall be subject loo civil penally of not less Shan $10.000 and Telephone No.; _ Date: not npofo lhae $106,000 for each such falhllo, Federal Il a Only u 1 f r �Local All or'zed fo standard Form THIS FORM SHOULD BE EXECUTED ONLY WHEN REPORTING LOBBYING ACTIVITIES UNDERTAKEN WITH GRANT FUNDS Attachment C Federal Assurances and Cortifica(ions Page 5 of 5 INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Fodera[ recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous tiling, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreementto make paymonI to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or on1ployee of Congress, or an employoeaf a Member of Congress to conneclion with o covered Federal action. Complete all items Ihat apply for both the Initial filing and material change ie ort. Refer to the implementing guidance published b the O(lice of Management and Budget foe additional information. 9 p P g9 p Y 9' 9 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federat action 2. Identify the status of the covered Federal action. 3. Identify [fie appropriate classification of this report. If [his is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporling antily for This covered f=ederal action. 4. Enter the full name, addross, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropr(ateclassilication of the reporling antily Thal designates if ii is, or expects to he, a prime or subaward recipient. Identify (tie tier of the subawardee, o.g., the first subawardee of Ihu prime is the 1st tier. Subawards include but are not limited to subcontracts, subgranls and contract awards under [grants. 5. If the organization filing the report in item 4 checks "Subawardeo," then enter the full name, address, city, Stale and zip code of [he prime Federal recipient, Include Congressional District, if known. 6. Enter the name of [he Federal agency making the award or loan commitment. Include at least one organizalionalloval below agency naive, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action ('stem 1). If known, enter the full Calalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. S. Enter (tie most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (REP) number; Invitation for Bid (IFB) number; gran( announcement number; the contract, grant, or loan award number; the appticalionlpropusal control number assigned by the Federal agency). Include prefixes, e.g., "RFP -DE -90 -001," 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the awaMlloan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, Slate and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his /her name, title, and telephone number. According to the Paperwork Redur:lion Act, as amended, no persons are required to respond to a collection of information unless it displays a vafid OMB Control Number. Thu vatA OMB control number for this information collection is OMB No. 0340 -0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimalo or any other aspect of this collection of information, including suggestions for reducing this burdon, to the Office of Managemeniand €3udget, Paperwork Reduction Project (03413- 0046), Washington, DC 20503, Attachment D General Affirmations Page 1 of 2 GENERAL AFFIRMATIONS Provider agrees without exception to the following affinnations: 1. The Provider has not given, offered to give, nor intends to give; at anytime hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with this Contract. 2. Pursuant to Title 10, Section 21.55.004 of the Texas Government. Code, the Provider has not received compensation from the GLO for preparing any part of this Contract. 3. finder Section 231.006, gamily Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated an(] payment may be withheld if this certification is inaccurate. Any Provider subject: to this section must include naines and Social Security :numbers of each person with at least twenty -five percent (25 %) ownership in the business entity named in this Contract. This information must be provided prior to execution of any offer. 4. Provider certifies that the individual or business entity named in this Contract: i) has not been subjected to suspension, debarment, or similar ineligibility to receive the specified contract as determined by any federal, state, or local governmental entity; i.i) is in compliance with the State of Texas statutes and rules relating to procurement; and iii) is not listed on the federal government's terrorism watch list as described in executive order 13224. Entities ineligible for federal procurement are listed at http:llwww.epis.gov. Provider acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate. 5. Provider agrees that any payments due under this Contract will be applied towards any debt, including, but not limited to, delinquent taxes and child support that is owed to the State of Texas. 6. Provider certifies that they are in compliance with Texas Government Code, Title 6, Subtitle E, Section 669.003, relating to contracting with the executive head of a state agency. if this section applies, Provider will complete the following information in order for the bid to be evaluated: Name of Former Executive: Name of State Agency: Date of Separation from State Agency: Position with Provider: Date of Employment with Provider: Attachment U Geneva] Afrinnations Page 2 of 2 7. Provider agrees to comply with Texas Government Code, Title 10, Subtitle D, Section 2155.4441, relating to the purchase of products produced in the Stag of Texas under service contracts. 8. Provider understands that acceptance of funds under this Contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Provider further agrees to cooperate fully with the State Auditor's Office, or its successor, in conducting the audit or investigation, including providing all records requested. Provider will ensure that this clause is included in any subcontract it awards. 9. Provider certifies that if it employs any former employee of the GLO, Stich employee will perform no work in connection with this Contract during the twelve (12) month period immediately following the employee's last (late of employment at the GLO. 10. The Provider shall not discriminate against any employee or applicant for employment because of race, disability, color, religion, sex, age, or national origin. The Provider shall take affirmative action to ensure that applicants are employed and that employees are treated without regard to their race, color, sex, religion, age, disability, or national origin. Such action shall .include, but is not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Provider agrees to past notices, which set forth the provisions of this non - discrimination article, in conspicuous places available to employees or applicants for emnployment. The Provider shall include the above provisions in all subcontracts pertaining to the work.. 11. Provider understands that the GLO does not tolerate any type of fraud. The agency's policy is to p.ro.inote consistent, legal, and ethical organizational behavior by assigning; responsibilities and providing guidelines to enforce controls. Any violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. Providers are expected to report any possible fraudulent or dishonest acts, waste, or abuse affecting any transaction with the GLO to the GLO's Internal Audit Director at 512.463.5338 or tracey.hall@glo.texas. ov N©'ta : Irrforrnation, doc€ulaentatiou, and other material in connection with this Contract may be subject to public disclosure pursutlrlt to the "Public Inforniation Act," Chapter 552 of the Texas Government Code. M MAINDER OF PAGE INTENTIONALLY LEFT BI ANK Date Project Title GLO Contract # Sub- grantee Project Manger. Email Address QUARTERLY PROGRESS REPORT Reporting Period Telephone # Attachment E Sample Additional Required Forms 1 of 8 Task 1: (Nance of task as identified in stab - grantee agreement) 1. Description of the status of the task (started, finished, percentage completed) 2. Description of task accomplishments during this reporting period 3. Identification of any problems or obstacles encountered (e.g., delays), remedial action taken, and a revised schedule, if appropriate. If the task is ahead of schedule, explain why. 4. Description of task activities that should occur during the next reporting period (Repeat for each task) Deliverable(s) submitted with this progress report: Attachment E Sample Additional Required Forms 2of8 INVOICE FOR CTAP FEDERAL EXPENDI'T'URES Invoice Date: FWeral II) No.: Invoice No.: Expenditure Period: GI,O Contract No.: F INAT, Invoice: Yes / No Project Title: Subrecipietat: Phonc: Email Address: Sttbinitted by: Signature: 1 J Printed Name: Date or GLO Use Onbj : GLO Contract -1t xpenditure Period: 111isition It : luisition It: 13€: Approved by Contract Specialist Approved by Project Manager : Invoice approved for reitnbursetnent: Grant Manager Entered in DB by: Date Final Doeuinentaion Recevied Invoice Axnt : ,$ Invoice Amt : $ Payment Sttbject to Y'rompt Pay Act: Yes / No Date: Date: Date: Date: Questions? Contact RebeccaDelgado 512,463.2572 or r•ebeeca.delgado(a),glo.texar.gov Revised 0912011 Amount CIAP Atnount I.xpendittires this Previously Amount Budget Category Budgeted It Invoiced Remaining Personnel $0.00 $0.00 $0.00 $0.00 Fringe $0.00 $0.00 $0.00 $0.00 Travel $0.00 $0.00 $0.00 $0.00 Supplies $0.00 $0.00 $0.00 $0.00 Equipment $0.00 $0.00 $0.00 $0.00 Contractual $0.00 $0.00 $0.00 $0.00 Other $0.00 $0.00 $0.00 $0.00 Subtotal $0.00 $0.00 $0.00 $0.00 Indirect Costs $0.00 $0.00 $0.00 $0.00 Totals $0.00 $0.00 $0.00 $0.00 or GLO Use Onbj : GLO Contract -1t xpenditure Period: 111isition It : luisition It: 13€: Approved by Contract Specialist Approved by Project Manager : Invoice approved for reitnbursetnent: Grant Manager Entered in DB by: Date Final Doeuinentaion Recevied Invoice Axnt : ,$ Invoice Amt : $ Payment Sttbject to Y'rompt Pay Act: Yes / No Date: Date: Date: Date: Questions? Contact RebeccaDelgado 512,463.2572 or r•ebeeca.delgado(a),glo.texar.gov Revised 0912011 Attachment F Sample Additional Required Forms 3of8 BUDGET AMENDMENT RE, QUEST GLO Contract #: Project 'Title: Subgrantee: Address: City, State Zip: Contact Name: Phone: 1?mail Address: Budget Category Salaries /wages Fringe Travel Supplies Equipment Contractual Construction Land Acquisition Other �Ytl�total�tl Indiroct Costs Total Current CI AP Budget $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Requested Changes $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 ('tease justify your request below (include additional sheets, as necessary). Fov GLO Uce On v; RegU.08t approved by C;o►►tracts Spccialist: Date Attachment E Sample Additional Required Forms 4of8 EXPENSE R POM.. Date submitted: Reporting :Period (ic. min /yr -- nim /yr): Project: Subgrantee: GVLO Contract # : Reporting Period: September l tltrough Febroiary 28 Duty Mai•ch 7 or March 1. through August 31 Due September 7 In accordance with state law, it is the [general land Office's (G1 -.0) policy to assist historically Underutilized Bnsincsses (I- IUB,,), whether minority or women - owned, whenever possible in providing goods and services to the GLO. The GLO encourages you to adhere to this same policy when selecting subcontractors to assist your arfatrizatiolr in Fulfilling its contractual obligations with the (A,0, In. that regard, please provide us with the ©stinaated afnount of project rulids your organization paid to IJUI3 vendors during the above repoi-ting poriods. Submit this form clectronically to the GLO by March 7 and September 7 of each year. PROJECT' AMOUNT PAID: VPRNDOR NAME: I. am not sure if the following venctor is a HUl3: Vendor's rramne Amount paid: TVkE OF I-IU13 VENDOR, American Womon (WO) Hispanic Americans (Hl) Black Americans (131,) Asianl'trcihc Americans (AS) Native Americans (NA) Other No project funds were paid to a TIM vender• during the stated tinnc period. Please email this page to the Grant Administrator at the following e- -nail address: CIAPreceipts a rlo.state.tx.us. If yori Dave chtestions, please contact Ms. l)oblmy h'rench (512) 463 -5309. Attachment E Sample Additional Required Forms 5 of 8 Audit Repots ting Form Subgrantecs receiving (granted /awarded) federal finds, (hrough the Gencral Land Office (GL O), are subject to the requirerlletits of the Single Audit Act of 1996, Office of Mtu)agclnent and Budget (OMB) Circular No. A -133, ). Subgrantees expending (spending/reimbursed) federal funds totaling $500,000 or more in it fiscal year arc required to conduct an audit ill accordance with the Single Audit Act. ])leiase complete ('his queRtionnniro and send by facsimile to 512 - 475 -11680 atln: Coastal impact Assistance Program or mail to: Cletleral Land Office A(tn: Conslal lnapactAssistance Prof rani Coastal Resources Division P.O. Box 1.2973 Aostin, 'Texas 78711-2873 Section I: Itntity Intormatiop Flame of Entity (Subgrantee) Projeel Title and Gl.,O Contract Number (additional grants may be listed on a separate page) What is your entity's fiscal year? through Month t Year Motr(h / Year Sectioi) 2: Shigle Audit Requireinent: I "or your most recently completed fiscal year (hiseal Year 20—.), account for all federal funds (awards /grants) expended (spooUreimbursed) rel;ardless of the source. (Provide your mos(mcontly completed fiscal year above) Whiff Was the total; alnonlrt of federal f €latds (tlivnrdslgratits) expended (spent /rehribursed)? $ _] If less than $500,000 in fott]i federal fiends (awards/grants) were exlrcaxled: Your entity is exempt from fur(har audit requirements for the reporting period. Coinjk(c Sections 9 and 5 (Federal Awards Information and Signature Sections). [ if $500,000 or move in to al federal funds (awards /grants) were expended: Complete all remaining sections. Section 3: Audit Informatiott • Date of last coroltleted audit: Period Covered by Audit: _ _ through _ Date . Month / Year Month / Year • Audit Findings: [] No Findings (it is not necessary to submit a copy of your audit report package) F—I bindings (provide a copy of your audit reporting package if findings were ggtl lc j to funds issued Iliroug}1 the 61,0. If findings were iinrelat_ed to 07.1,0 issued funds submit the schedule of findings and questioned costs.) • Next scheduled audit: Monlb /Year Period covered by next scheduled audit: tirrougll _ Montle /Yeas' Mol) ti€ /Year Section 4: Federal Awards Information For Elie fiscal year provided, account for all federal funds (awardstgrari(s) received (grantedhtwarded) regardless of the source. For fiscal Year 20_: (fiscal year must snatch iiscat year provided in section 2) What was tike total nniount of federal funds (tiwar°dslgr.onts) received(graotedlarvar(led)? $ (I bl. (Ile fiscal year listed, ow the following; table to list [lie federal funds (awardslgrants) your an(ity received)* Name of federal award(s) granted Section 5: Siaiiattne Section Signature of Preparcr Printed Name of Preparcr and 'Title Period of Award I I Amount CFDA Number nonlhtur -. mnnihlvrl ])Fite 11rWarer's Contacthforination: Einail: Phone:( - - — ext Attachment E Sample Additional Required Forms 6 of a Instruction Slltect for the .Audit Reporting Form The purpose of file Audit Reporting (AR) forni is to assist the General. Land Office (CI..0) in complying with federal guidelines for pass through entities issuing federal funds. The Alt form also assists entities receiving federal finds, in meeting their audit' reporting requirernncnt. federal guidelines for pass through agoncies issuing federal awards and the subgrantee of those funds ace set forth in the Single Audit Act of 1.996, Office, of Managonrent and Budget (OMB) Circular No, A -133: Tho OM13's website, Lilt; i:I /tivty�v.driii� ov /gi"tinis, has infbrivalicin regarding requirct fonts of the Single Audit Act. Wwicw the following instructions for assistatnce in connplcting [lie Audit Reporting Forrm, Section 1: Entity Itrfofrtlsitimt. • Name: of I:titity - -.. The "Namc of 11,,ntity" should match the name on the grant contract, • 'no �eg�itle fund (.Fl.[.) (solitrtict Nun ,ibcr -- Provide the ".Project Title and CLC Contract Number" foryour enmity's grant. The project title must niatcln the title of the project found in "Attachment A" of the grant contract. A separate sheet listing additional project titles and contract rnunbers may be attached if necessary. Ia, ti,ly's Piso ear - - I'r'ovide the period covered by your entity's fiscal year. (i.e. Jan. `06 through Dcc, '06) Section 2: Single Andit Requircment, Following the text "for fiscal Year 20.__ ", insert your entity's fiscal year end for the reporting period (thc most recently complete fiscal year). for th.c fiscal year listed, provide the total annount of federal funds (awards /grants) expended (spenth•einnbursed). Account fi)r all federal funds expended, regardless ofthc source. Choose one of the following options: 1. Mark the first box, if your entity has cxpendcd less than $500,000 in total federal fiends, Your entity is exeriianti front further audit recluirenients for the reporting period, but must complete Sections 4 and 5. 2. Mark the second box, if your entity has expended $500,000 or more in total federal funds. Your culity is In rc t excnidit from farther audit requirements and must complete all remaining; sections ofthe fornn, Section 3: Audit Information, • j)ale of Lust (,,:oil .loted Audit -- Indicate the date of your entity's last completed audit. • Period Covercd by Audit — Provide the period covered by your• entity's last completed audit. This period should correspond to the audit hi(licatcd an the previous line.. • Audit findings - Choose one of the following options: I. Mark file box beRwo "No findings" if your entity's last completcd audit disclosed no findings, If there wc�•e ljo findings, it is not necessary to provide a copy of your audit reporting packagc, 2. Mark the box before "findings" if your entity's last completed audit disclosed findings. If there were findings y j to 01.0 issued fiends, subunit a copy of the audit reporting package, If the findings were pinrelatect to GLO issued funds, subunit a copy of the schedule of findings and questioned costs. • Next Audit Solieduled. for . Provide the month and year of your entity's next scheduted audit, • Period Covered by Next Audit -. Indicate the period to be covered by your entity's next scheduled audit. Section 4: Federal Awards Information. • following the text "for fiscal Year 20", insert yore• entity's fiscal year end for the current reporting period (should match the fiscal year provided ill Section 2). for the fiscal year listed, provide the total aniount of federal funds (awards/grants) your entity has received (granted /awarded). Account for all federal funds received, regardiess of the source, It is possibie for the amount of federal funds reccived /awarded to dig €tgree with the amount expended.) it, • federal Grants Table -- for the fiscal year• listed, use tine table to provide: f) tlnc grantslawards that comprise the total amount of federal funds your entity received; 2) the period of awards (i.e. May `06 —May 108); 3) amount of awards; and, 4) the Catalog of fcclefal Domestic Assistance (CFDA) numbers for each a €yard. If the CFDA number is unknown, you may coutact ilia issuing agency. If additional space is needed, attach a separate sheet listing the abovementioned federal grant inforination. Section 5: Signature Section. • Sig<nahu'e of Prrcptaaer - -Tho person who prepared the AR form must sign and date the form. • Printed Name of.Pret) ter — Printttie name and title of'the person who prepared the AR frown. • )?relllarcr's Contact Information -- Provide an email address and phone number for the preparcr. For additional assistance contact Melissa Porter, CIAP '['earn header, at 512- 475 -1319 or by email at lvielissa,por[crrglo to c }s „. CIAP Project Closeout Final Pro`cet Re ort (Project Name) (GLO Contract Number) Attachment E 5amplo Additional Required Forms 7 of 8 Provide a brief description of the project goal(s) (include location of the property if land acquisition), Iff Identify whether the original goal(s) of the project was met or, if not, why the goal(s) was modified. 0 Summarize all significant prcajcot in ilesto ties, including dates for each action. List work products completed and deliverable submittal dates (if applicable). a Identify any problems or obstacles encountered and remedial action taken (if any). Include digital photos and a €iy material tliat proiiiotes your project suecess (news articles, flyers, etc.). Identify any cduipment that was purchased using C.IAP funds. Provide iuodcl and serial numbers. Attach all outstanding deliverables. Page 1 of 2 Attachment E Sample Additional required Forms 8 of 8 CIAP Pi-Ocet Closeout rfotal Project Cost (ALL FUNDING SOURCES): �taal � e��aa is ate rutlrrcacci to canla�a� � ftn�l I��rdg�t la�ent�clatYc� far exult iruclget �.,�tc�t�iy Zist bu�i�ct rinttituts,tq� �[l�lLY (1�e C�A,i''Pu� tKC��€1.��'tiie lf) a�cct;f�aacdcci n�dca tF�ac aai�t� �ct`1 Federal Budget Funds being returned $ Funds are not being returned. The undersigned eertifies that this is the true and correct Ieinal Budget fol. CIAP Cantract Number - 1 I Signature Date Px•inted .Name Page 2 of 2 Original 'I•otal Expenses FINAL, CIAP Budget CIAP Budget Salaries (Personnel) $ __... $ $ _ -__ Fringe Benefits $ _ $ $ Travel $ $ Equipruezat $ _ $_ __.� --- $ Supplies$ ........ ... ....._.._..........,- ._..._. $. -_ - - -- contaactual so vices Construction $ Land Acquisition. Other sototal - Indirect Costs � -- - I oral Funds being returned $ Funds are not being returned. The undersigned eertifies that this is the true and correct Ieinal Budget fol. CIAP Cantract Number - 1 I Signature Date Px•inted .Name Page 2 of 2 0 AGENDA MEMORANDUM First Reading Item for the City Council Meeting of May 28, 2013 1852 Second Reading Item for the City Council Meeting of June 11, 2013 DATE: May 10, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3494 2013 Parks & Recreation Summer Food Program CAPTION: Ordinance appropriating a $250,000 grant from the Texas Department of Agriculture in the No. 1067 Parks and Recreation grant fund to operate a summer food service program for summer recreation participants ages one to eighteen. PURPOSE: To operate the 2013 Parks and Recreation Summer Food Program for participants ages one to eighteen. BACKGROUND AND FINDINGS: The City Council has approved the Summer Food Program grant in prior years. The Texas Department of Agriculture provides grant funds for the Summer Food Program. There is no required local match for this grant. ALTERNATIVES: Do not approve agreement. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council's action is required for a grant agreement. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal; Accounting; Budget FINANCIAL IMPACT Operating /Revenue Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 1 1 250,000 1 1 250,000 BALANCE 1 1250,000 1 1250,00 0 Fund(s): Grant Fund 1067 Comments: none RECOMMENDATION: Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Ordinance, Notice of grant funding Page 1 of 3 Ordinance appropriating a $250,000 grant from the Texas Department of Agriculture, in the No. 1067 Parks and Recreation grant fund, to operate a summer food service program for summer recreation participants ages one to eighteen. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That a $250,000 grant from the Texas Department of Agriculture is appropriated in the No. 1067 Parks and Recreation Grant Fund to operate a Summer Food Service Program for Summer Recreation participants ages one to eighteen years. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor Approved: May , 2013 Jody Leake Assistant City Attorney Page 2 of 3 Ordinance appropriating a $250,000 grant from the Texas Department of Agriculture, in the No. 1067 Parks and Recreation grant fund, to operate a summer food service program for summer recreation participants ages one to eighteen. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. A $250,000 grant from the Texas Department of Agriculture in the No. 1067 Parks and Recreation grant fund is appropriated for the summer food service program. 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 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 Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Page 3of3 Priscilla Leal David Loeb PASSED AND APPROVED this the ATTEST: Nelda Martinez Mark Scott day of , Armando Chapa Mayor City Secretary Hena Lara From: TX -UNPS Help Desk [ squaremeals @TexasAgriculture.gov] Sent: Wednesday, May 08, 2013 4:59 PM To: Henry t.ara Subject: TX -UNPS Application Packet Notification NOTIFICATION EMAIL FOR SFSP APPLICATION PACKET Texas Unified Nutrition Programs System Texas Department of Agriculture Food and Nutrition Division Thank you for submitting your Application Packet for the Summer Food Service Program. Your application packet has been APPROVED. Contracting Entity Name: CITY OF CORPUS CHRISTI PARKS AND RECREATION DEPARTMENT CE ID: 01507 Program Year: 2012/2013 Program: Summer Food Service Program (SFSP) Application Packet Status: Approved Texas Unified Nutrition Programs System 12012 - 2013 Application Packet 2012 a 2013 Application Packet Page l of 1. 1507 Status: Active Packet Submitted Date: 05/08/2013 :ITY OF CORPUS CHRISTI PARKS AND Packet Approved Date: 05/08/2013 tECREATION DEPARTMENT packet Original Approval Date: 05/08/2013 SBA: Packet Status: Approved 201 Leopard St orpus Christi, TX 78469 ounty District Code: 178 DA Region: 5 Packet Assigned To April Berr Details V Food Production facility List (1) DCU105 Site Field Trip List Details V Checklist Summary (2) ..... ._ ... .. _.._......_. :Site Applications Approved pending Return for Denied Withdrawn/ Error Total Correction Closed Applicatie ISumrner Food Service 26 0 0 0 0 0 25 Program Show Packet History 17ttps: / /txunps l . texasagrieulture. gov/T XCINPS/ Sfsp/ AppPacket .aspx ?enc=acDVaelif*t9t jdY... 5/9/2013 Latest Action Farm Name Version Status View I Revise Contracting Fntity Application Original Approved IView I Revise Budget Detail Original Approved 'Details Management Plan Original Approved Details V Food Production facility List (1) DCU105 Site Field Trip List Details V Checklist Summary (2) ..... ._ ... .. _.._......_. :Site Applications Approved pending Return for Denied Withdrawn/ Error Total Correction Closed Applicatie ISumrner Food Service 26 0 0 0 0 0 25 Program Show Packet History 17ttps: / /txunps l . texasagrieulture. gov/T XCINPS/ Sfsp/ AppPacket .aspx ?enc=acDVaelif*t9t jdY... 5/9/2013 0 AGENDA MEMORANDUM First Reading for the City Council Meeting of May 28, 2013 1852 Second Reading for the City Council Meeting of June 11, 2013 DATE: May 13, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3461 Amendment to the Lease of International Westside Baseball to add additional baseball fields at Greenwood /Horne Youth Sports Complex CAPTION: 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. PURPOSE: Amend the International Westside Baseball lease to add the Westside Pony Baseball fields. BACKGROUND AND FINDINGS: The City Council approval is required to amend leases for City property. Attached is background information on this item. ALTERNATIVES: Do not approve the Amendment OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council action is required to approve the lease amendment. 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: none RECOMMENDATION: Recommend Approval LIST OF SUPPORTING DOCUMENTS: Ordinance, Agreement 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. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Manager or City Manager's designee is authorized to execute an amendment to the Lease Agreement with International Westside Baseball League for additional baseball fields at Greenwood /Horne Youth Sports Complex 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 a � Amendment No. 1 to the Lease Agreement between the City of Corpus Christi and International Westside Baseball Whereas, on March 27, 2012, a lease agreement was authorized with International Westside Baseball, "Lessee ", regarding use of property at Greenwood /Horne Youth Sports Complex, "Lease Agreement "; Whereas, the parties desire to amend the Lease Agreement to revise the leased premises to add three additional fields and other facilities, and provide for joint use of the facilities; Now, therefore, the parties agree to amend the Lease Agreement as follows: 1, Except for City exclusive use provisions as listed in Section 2, the City leases to Lessee the premises depicted as "Westside Pony Baseball League" on the Exhibit attached to this Amendment No. 1, including the three baseball fields, lighting, irrigation facilities, concession stand and restroom facilities located on the premises, but excluding the City storage shed located on the premises, ( "Premises "). 2. Use of the Premises. A. City retains exclusive use of all three baseball fields on the Premises which are shown on the attached Exhibit for previously scheduled tournaments on the following dates, starting at Friday 8:00 A.M. through Monday 8:00 A.M.: May 17 -20, 2013 June 14 -17, 2013 July 12 -15, 2013 August 9 -12, 2013 September 13 -16, 2013 October 11 -14, 2013 November 8 -11, 2013 December 13 -16, 2013 B. The "Pony A" and "Colt B" fields shown on attached Exhibit are referred to in this Amendment No. 2 as the "High School Baseball Fields".. City has exclusive use of the two High School Baseball Fields during the second full weekend of every month, beginning Friday 8:00 A.M. through Monday 8:00 A.M. By the term "second full weekend ", the parties are referring to the weekend which begins on the second Friday of the month. C. City has exclusive use of the two High School Baseball Fields the entire months of June and July of each year for a City summer high school baseball program. City shall exclusively handle rental of the two High School Baseball Fields during the months of June and July. City Director of Parks and Recreation may provide written notice to Lessee President should City exclusive use not be required during a particular summer season. 2 D. The City retains exclusive use of the City storage shed located on the Premises for storage of City equipment. Lessee may purchase and locate an equipment storage shed on the Premises for Lessee's exclusive use. Lessee retains exclusive use of the concession stand. Lessee shall make the lighting and restroom facilities available to City during periods of City use, during City scheduled tournaments and other City rentals. 3. Maintenance and Utilities. A. At all times, Lessee must repair, maintain .and keep the Premises in good condition in accordance with the terms of the Lease Agreement, except the City will maintain the two High School Baseball Fields during months of June and July if City uses them for a City summer high school baseball league program. B. Lessee must replace red infield dirt and red clay bricks on all three baseball fields two times a year, including immediately prior to the start of any Lessee baseball season. The type of dirt to be used is Diamond Pro Bulk infield conditioner. The red clay bricks are used on the pitching mounds and batter's boxes. However, if the City uses the High School Baseball Fields for a City summer high school baseball program, then in June prior to start of City's summer baseball program, City shall replace red infield dirt and red clay bricks on High School Baseball Fields and the Lessee shall be relieved of this responsibility for the summer season, If City does not utilize High School Baseball Fields for a summer program, then Lessee retains responsibility to replace red infield dirt and red clay bricks at least twice a year on all baseball fields located on the Premises. C. Lessee will be responsible for obtaining and for the prompt payment of all utilities on the Premises consistent with the terms of the original Lease Agreement. However, the City will reimburse Lessee for the electricity costs per hour of City exclusive use of the Premises, based on average hourly kilowatt charge reflected on Lessee's electric bill. In addition, consistent with the terms of the original Lease Agreement, City shall not charge Lessee for water to maintain the fields, up to maximum number of gallons set by Director of Parks and Recreation for each calendar year. However, Lessee must obtain a separate irrigation meter at its sale expense. D. Lessee is responsible to promptly repair any damages to the Premises except for any damage which is caused by City's sole use of the Premises. E. Prior to any use of the Premises, a joint walk - through of the Premises will occur between the International Westside Baseball League President, City Parks Athletic Division representative, and City Parks Operation Superintendent to identify starting condition of the Premises. 4. Except as modified herein, all terms and conditions of the Lease Agreement apply to the Lessee's use and operation of the Premises, including but not limited to indemnity and 3 insurance provisions. Lessee must add the Premises to its insurance coverage required by the original Lease Agreement prior to Lessee's use of the Premises, and provide the City Director of Parks and Recreation with an updated Certificate of Insurance upon effective date of this Amendment No. 1. 5. This Amendment'takes effect upon date of last signature and continues through term of the original Lease Agreement. Agreed to by: City of Corpus Christi By: Ronald L. Olson City Manager Date: International Westside Baseball By:.p.4� Name: President Date:'. t� �a �7 s f l C� r 111� I'LE i Of I f 1.I1�t.I": rr«c v s IT our a �s.ea mow,. a pr Rum (N ,. ,, �,. ... .- ., - '. ._ ', �.,.,,a -}. _-.n;- ..... _. �.�,v - _� s,.ve�.•x "e„=Ft.,,.:�.a�ran.4yr aa�o... . r. �. asmcow,, .�- .uw.v.�,e�:u�.�a.��...,..,"i aSC o° AGENDA MEMORANDUM NaRa ©aa Future Item for the City Council Meeting of May 28, 2013 ss Action Item for the City Council Meeting of June 11, 2013 DATE: May 13, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com; (361) 826 -3729 Michael Morris, Director of Parks and Recreation michaelmo @cctexas.com; (361) 826 -3464 Execute Construction Contract Billings Bait Stand and Clems Marina Parking Lot Construction (Re -Bid) CAPTION: Ordinance amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 by adding $100,000 in appropriated street assessments; adding $132,863.80 in Street Tax Notes; transferring $284,597.80 from Water CIP Project No. 180198 Programmed Waterline Lifecycle Replacement Project to the Billings Bait Stand and Clems Marina Boat Ramp Rehabilitation Phase Two Project; increasing expenditures in the amount of $232,863.80; and authorizing the City Manager or designee to execute a construction contract with Garrett Construction of Ingleside, Texas in the amount of $972,177.05, for the Billings Bait Stand and Clems Marina Parking Lot Construction for the Base Bid only. PURPOSE: The purpose of this Agenda Item is to execute the Construction Contract with Garrett Construction for Billings Bait Stand and Clems Marina Parking Lot Construction. BACKGROUND AND FINDINGS: The Texas General Land Office owns land formally leased to two bait stands on the north side of the John F. Kennedy Memorial Causeway Bridge. Their adjoining boat ramps fall under the jurisdiction of the Texas Parks and Wildlife Department (TPWD) and have recently received extensive renovations under Phase One of this project. Phase Two work will now include a new parking lot, site amenities and access improvements which were designed under Phase One. The scope of this project consists of grading, subgrade preparation, paving an area of approximately 1500 Square Yards (SY). Other site work includes utility improvements, fire protection, signage and ADA Improvements. K: \ENGINEERING \LEGISTAR \3 -MAY 28 \13ILLINGS AND CLEM \AGENDA MEMO -BILLINGS AND CLEMS PARKING LOT CONSTRUCTION.DOCX On March 6, 2013 the City received proposals from five (5) bidders and their bids are as follows: Contractor Base Bid Add Alt #1 Add Alt #2 Add Alt #2 2012 -2013 Pavement Areas Pavement Areas 1 Pavement Pavement 1& 2 thru 3 Areas 1 thru 4 Areas 1 thru 5 Garrett Construction $972,177.05 $1,217,617.30 $1,427,931.55 $1,578,767.25 Ingleside, TX $233,364.00 Barcom Corpus Christi, TX $1,185,958.28 $1,452,237.42 $1,640,818.22 $1,802,423.23 Salinas Construction Tech $1,191,279.05 $1,446,324.89 $1,668,583.92 $1,823,406.40 Pleasanton, TX Safenet Services, LLC. $1,246,149.56 $1,492,232.22 $1,719,266.43 $1,893,645.90 Corpus Christi, TX $0.00 $5,546.04 $5,546.04 Bay Ltd. Corpus Christi, TX $1,359,040.66 $1,700,629.42 $1,961,980.88 $2,139,507.98 ALTERNATIVES: 1. Execute the Construction Contract for the Base Bid Only with Garrett Construction as proposed. 2. Do not execute the Construction Contract for the Base Bid Only with Garrett Construction as proposed. OTHER CONSIDERATIONS: The City of Corpus Christi and the Texas General Land Office entered into a lease agreement on October 18, 2011, Resolution 029251. The City requested that the State of Texas permit repairs to the bulkhead, boat ramps and parking facilities with lighting, located within State right -of -way of Park Road 22 on the JFK Causeway. Repairs to the bulkhead and boat ramp were completed in Fall 2011. CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Bids process; FY 2012 -2013 Capital Budget. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: Operating Revenue X Capital of applicable Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $233,364.00 $1,194,664.80 $1,428,028.80 Encumbered /Expended $233,364.00 Amount $233,364.00 This item $972,177.05 $972,177.05 Future Anticipated Expenditures This Project $216,941.71 $216,941.71 BALANCE $0.00 $5,546.04 $5,546.04 Fund(s): Texas Parks and Wildlife Grant, Water CIP, Streets CIP K: \ENGINEERING \LEGISTAR \3 -MAY 28 \13ILLINGS AND CLEM \AGENDA MEMO -BILLINGS AND CLEMS PARKING LOT CONSTRUCTION.DOCX Comments: The Construction Contract will result in the expenditure of an amount not to exceed $972,177.05. The waterline work will be funded through FY13 Water Cl P, Seq. 09. This project has been funded in part by a grant from the Texas Parks and Wildlife Department — Boating Access Grant, as well as through donations from other agencies including the Saltwater- fisheries Enhancement Association (SEA). RECOMMENDATION: City Staff recommends the approval of the Construction Contract for the Base Bid Only with Garrett Construction. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map K: \ENGINEERING \LEGISTAR \3 -MAY 28 \13ILLINGS AND CLEM \AGENDA MEMO -BILLINGS AND CLEMS PARKING LOT CONSTRUCTION.DOCX PROJECT BUDGET ESTIMATE Billings Bait Stand and Clems Marina Boat Ramp Rehabilitation (Project No. 5243) ,CZ6aJx0i111iI91:V W1Iwil:1I=F Current Balance Texas Parks and Wildlife Grant $674,710.00 Water CIP $284,597.80 Street Tax Notes $132,863.80 Street Assessments $100,000.00 Saltwater- Fisheries Enhancement Association (SEA) $25,000.00 Prior Year CIP $208,364.00 Total Funds Available $1,425,535.60 FUNDS REQUIRED: Construction ( arrett Construction) 972,177.05 Contingency (10 %) ... 97,217.71 Enaineerina & Desian Fees Engineer ( RS Corporation) . 216,692.00 eotechnical Study and Testing (Professional Services Industries) 16,672.00 Construction Materials Testing (Estimate) ... 19,443.54 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) 24,304.43 Engineering Services (Construction Management) 34,026.20 Engineering Services (Project Management /Traffic Management) 24,304.43 Finance 12,152.21 Misc. (Printing, Advertising, etc.) 3,000.00 TOTAL................................................................................ ............................... $1,419,989.56 $5,546.04 * URS Corporation Amendment No. 1 approved by City Council Nov 17, 2009, M2009 -329 This included the design of the Phase 1 Boat Ramps and Phase 2 Parking Lot / Water Imps. File : \ Mproject \councilexhibits \exh5243c.dwg `o N _ 0 PgOR / N 0so", F NAS HO``Y s�No oR ,�`Y J5 \aka N hh OS o 0o ti `� �� PROJECT 2�0o O O� rvpgT /0j0 QQ? ya LO CATION YpRkrO� Gp 5 0 o� Osa Creek �P =� �J O WHITECAP N o- LOCATION MAP NOT TO SCALE N CLEM'S MARINA BOAT RAMP ✓Fk Cq�s F�-q BILLING'S BAIT STAND BOAT RAMP Ry PROPOSED MPROVEM NTS accFSSRO C yqN IV" fr RpgO22 VICINITY MAP PROJECT # 5243 NOT TO SCALE BILLING'S AND CLEM'S MARINA CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES BOA T RAMP REHABILI TA TION PAGE: 1 of 1 _ _ Ordinance amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 by adding $100,000 in appropriated street assessments; adding $132,863.80 in Street Tax Notes; transferring $284,597.80 from Water CIP Project No. 180198 Programmed Waterline Lifecycle Replacement Project to the Billings Bait Stand and Clems Marina Boat Ramp Rehabilitation Phase Two Project; increasing expenditures in the amount of $232,863.80; and authorizing the City Manager or designee to execute a construction contract with Garrett Construction of Ingleside, Texas in the amount of $972,177.05, for the Billings Bait Stand and Clems Marina Parking Lot Construction for the Base Bid only. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 is amended to add $100,000 in appropriated street assessments and $132,863.80 in tax notes to the Billings Bait Stand and Clems Marina Park Lot project SECTION 2. Budgeted funds in the amount of $284,597.80 are transferred from the Programmed Water Line Service Life Extension Project to the Billings Bait Stand and Clems Marina Park Lot project. SECTION 3. The City Manager or designee is authorized to execute a construction contract to for the Billings Bait Stand and Clems Marina Parking Lot Construction for the Base Bid only in the amount of $972,177.05 with Garrett Construction of Ingleside, Texas ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Nelda Martinez Mayor 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 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 7 , 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 th day of , Nelda Martinez Mayor ".`. 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Q L �, 'L V L •L IL C N O O U N ) 0 i+ V% Co N O � W �, (�' 0 Z N N a,Q U, W 0' 0 0 0 N 0 Q 0' H c� x N N L- v7 L L C a= N oi O N J W m U Q o' N � o o 3 J U M O a) a) w o U- p Z c c c (D o c W 0 L c� L o c c o CL 0 nn'c)CL a0U wwC a Kii 0 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of May 28, 2013 852 Second Reading for the City Council Meeting of June 11, 2013 DATE: May 1, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services MarkVV@cctexas.com (361) 826 -3246 Approval of a Developer Participation Agreement with Developer and Reimbursement of $86,559.82 for the City's cost of Sydney Street CAPTION: Ordinance authorizing the City Manager to execute a developer participation agreement with Alty Enterprises, Inc. ( "Developer "), to reimburse the Developer up to $86,559.82 for the City's share of the cost to expand and extend Sydney Street. PURPOSE: Alty Enterprises, Inc., will extend Sydney Street abutting the proposed extension of Greystone Park. BACKGROUND AND FINDINGS: The developer, Alty Enterprises, Inc., is developing the fourth phase of a multi - phased single - family residential subdivision named Greystone Subdivision. The subdivision is located south of Slough Road and east of Rodd Field Road. Greystone Subdivision Unit 4 will contain 63 single - family residential lots and 1 park lot. The Planning Commission approved the Greystone Subdivision Unit 4 plat on January 16, 2013. The street abutting the parkland must be designed to residential collector standards. The residential collector is larger than the local residential street. Since the City is requiring the developer to construct a larger street, the City is participating in half street construction for Sydney Drive which abuts the parkland. The participation agreement includes the street, curb, gutter and 4 -foot wide sidewalk. Since the park is the continuation of the linear park along Master Channel 31, a hike and bike trail is constructed within the park. The hike and bike trail is a concrete walk with a width ranging from 10 feet to 12 feet. ALTERNATIVES: Denial of the Participation Agreement. Denial of the ordinance appropriating $86,559.82 OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The developer will be extending Sydney Street abutting proposed Greystone Park as provided in the Unified Development Code. EMERGENCY /NON- EMERGENCY: Non - emergency DEPARTMENTALCLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Bond 2012 Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0 $750,000.00 Encumbered / Expended Amount This item $86,559.82 BALANCE $663,440.18 Fund(s): Comments: Not Applicable RECOMMENDATION: Staff recommends approval of the motion as presented. Staff recommends approval of appropriation ordinance. LIST OF SUPPORTING DOCUMENTS: Participation agreement Ordinance PARTICIPATION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This PARTICIPATION AGREEMENT ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipal corporation, acting by and through its City Manager, or his designee, and Ally Enterprises, Inc. ("Owner"), a Texas corporation, acting by and through its president. WHEREAS, the Owner owns certain real property located in Corpus Christi, Nueces County, Texas, being 15.854 acres out of Lot 4, Section 25, Flour Bluff and Encinal Farm and Garden Tracts (the "Property"), and the Owner desires to develop and plat the Property designated on Exhibit 1 of this Agreement, which exhibit is attached to and incorporated in this Agreement by reference, to be known as Greystone Subdivision Unit 4 ("Plat"); WHEREAS, as a condition of the Plat, the Owner is required to expand, extend, and construct Sydney Street from its existing terminus for a distance of approximately 576 feet to connect with the existing roadway on Rancho Las Brisas Unit 2 as depicted on and in accordance with the improvement requirements (the "Roadway Extension") set forth in Exhibit 2, which exhibit is attached to and incorporated in this Agreement by reference; WHEREAS, it is in the best interests of the City to have the public street infrastructure installed by the Owner in conjunction with the Owner's final Plat; WHEREAS, Chapter 212 of the Local Government Code authorizes a municipality to make a contract with a developer of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; and WHEREAS, this Agreement is made pursuant to the Local Government Code and Article 8, Section 8.4.1, of the Unified Development Code of the City of Corpus Christi. NOW, THEREFORE, in order to provide a coordinated public street construction and improvement project, the City and the Owner agree as follows: A. The parties agree that the language contained in the preamble of this Agreement is substantive in nature, is incorporated into this Agreement by reference, and has been relied on by both parties in entering into and executing this Agreement. B. Subject to the terms of this Agreement, Exhibit 1, and Exhibit 2, the Owner will construct the Roadway Extension for and on behalf of the City in accordance with the plans and specifications approved in advance of construction by the City Engineer on behalf of the City. The parties acknowledge and confirm the total cost estimate for construction of the Roadway Extension, which estimate is attached to and incorporated in this Agreement as Exhibit 3 (the "Cost Estimate"). Subject to the limitations set forth below, the Owner shall pay a portion of the costs of construction of the Roadway Extension. Further, subject to the limitations set forth below, the City shall pay the remaining portion of the costs of construction of the Roadway Extension, designated as the total amount reimbursable by the City on the Cost Estimate. C. Notwithstanding any other provision of this Agreement, the total amount that the City shall pay for the City's agreed share of the actual costs of the Roadway Extension shall not exceed $86,559.82. D. The City shall reimburse the Owner a pro rata portion of the City's agreed costs of the Roadway Extension monthly, based on the percentage of construction completed less the Owner's pro rata portion and contingent upon submission to the City of an invoice for the work performed. The invoices must be paid by the City no later than thirty (30) days following receipt of each monthly invoice. Such reimbursement will be made payable to the Owner at the address shown in section N of this Agreement. E. In accordance with the Texas Local Government Code, the Owner shall execute a performance bond for the construction of the Roadway Extension to ensure completion of the project. The bond must be executed by a corporate surety in accordance with Chapter 2253 of the Texas Government Code. F. The Owner shall submit all required performance bonds and proof of required insurance coverage in accordance with applicable State and local laws. G. Owner shall submit standard construction contract documents to the City's Director of Engineering Services for review and approval in advance of beginning any construction of the Roadway Extension. H. Throughout construction, the City shall conduct periodic inspections and either approve the progress of the Roadway Extension or promptly notify the Owner of any defect, deficiency, or other non - approved condition in the progress of the Roadway Extension. I. The Owner shall fully warranty the workmanship and construction of the Roadway Extension for a period of one year from and after the date of acceptance of the improve- ments by the City's Director of Engineering Services. 1s � i� • L Y 1 ` i 1 ,� I 10 F1,11 Zfn BYTI Ji me, ! • x ' ! Alty Enterprises Greystone Unit 4 Participation Agmt vFinal Page 2 of 6 • - . • 1 1 • • • ! i a •� ate, •� +� a r i a■ •■■ i i a • i a K. DEFAULT. The fallowing events shall constitute default: 1. Owner fails to submit plans and specifications for the Roadway Extension to the City's Director of Engineering Services in advance of construction. 2. Owner does not reasonably pursue construction of the Roadway Extension under the approved plans and specifications. 3. Owner fails to complete construction of the Roadway Extension, under the approved plans and specifications, on or before the expiration of 24 calendar months measured from the date this document is executed by the City. 4. Either the City or the Owner otherwise fails to comply with its duties or obligations under this Agreement. • a t • 1. In the event of a default by either party under this Agreement, the non - defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. 2. After delivery of the default notice, the defaulting party has 15 days from the delivery of the default notice ( "Cure Period ") to cure the default. Alty Enterprises Greystone Unit 4 Participation Agmt vFinal Page 3 of 6 3. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. 4. Should the Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Owner, at the address stated in section N, of the need to perform the obligation or duty and, should the Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Owner. 5. In the event of an uncured default by the Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: a. Terminate this Agreement after the required notice and opportunity to cure the default; b. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or c. Perform any obligation or duty of the Owner under this Agreement and charge the cost of such performance to the Owner. The Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Owner receives notice of the cost of performance. In the event the Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. 6. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Owner has all its remedies at law or in equity for such default. M. FORCE MAJEURE. 1. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of a public enemy; insur- rections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability, 2. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within 10 days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. Alty Enterprises Greystone Unit 4 Participation Agmt vFinal Page 4 of 6 1. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: If to the City: City of Corpus Christi Attn: Director, Development Services 2406 Leopard Street 178401 P. O. Box 0277178469 -9277 Corpus Christi, Texas with a copy to: If to the Owner: Alty Enterprises, Inc. Attn: Louis Alty, President 3801 Cassowary Court Corpus Christi, Texas 78414 City of Corpus Christi Attn: Asst. City Manager, Business Support Services 1201 Leopard Street 178401 P. O. Box 9277178460 -0277 Corpus Christi, Texas 2. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. 3. Either party may change the address for notices by giving notice of the change, in accordance with the provisions of this section, within five business days of the change. O. Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Roadway Extension, contracts for testing services, and contracts with the contractor for the construction of the Roadway Extension must provide that the City is a third party beneficiary of each contract. P. In compliance with City of Corpus Christi Ordinance No. 17112, the Owner agrees to complete the Disclosure of Interests form attached to this Agreement and incorporated by reference as Exhibit 4. Q. This Agreement becomes effective, is binding upon, and inures to the benefit of the City and the Owner from and after the date of the last signatory to this Agreement. This Agreement expires 24 calendar months from the date this document is executed by the City, unless terminated earlier in accordance with the provisions of this Agreement. Such expiration date of this Agreement is presently anticipated, but not currently known, to be June 10, 2015. (EXECUTION PAGE FOLLOWS) Alty Enterprises Greystone Unit 4 Participation Agmt Winal Page 5 of 6 EXECUTED in triplicate originals this ATTEST: Armando Chapa City Secretary Approved as to legal form: Elizabeth Hundley Assistant City Attorney STATE OF TEXAS day of '2013. CITY OF CORPUS CHRISTI Ronald L. Olson City Manager Date C Notary Public's Signature CATHERINE GARZA NOTARY PUBLIC State of Texas Comm. Ew 12-W2015 Alty Enterprises Groystone Unit 4 Participation Agmt vFinal Page 6 of 6 P-S OtPUPI -AK N O t h � m 9 Po� A q o �41 ip �. V (owt �Z'P p s$Att$ N f 6 �UZI J a r$ � 9 W pw Al-00) P--M 4&POs �$I%� uwaa3+aA i f..., Prowling E$ Ir = ,, r oa S > Q ssg a � � Qp BN g4 O IYh� NU x$Zmv r Tt3 �U. € IU{i Op �'J � � w *lU 4'�U h�4.c °i r- 2i.. Q 4 E 9 Al ij Ri y a U s c u o f � 0 3 a a� L SyI g {Qj ? d 6 —o 4L yam.+ T% a Y P P w m = 9 rC "^I w m P as AA p9 .4 2 98, 9 a... x Q t 4 F N a N (al 3 ql w3 4 uj ep 1T QI P. V V'9 Loq g 'A`mL o �• E ® J G Q ... w..� 43 CZE $48 U.. 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Preliminary Cost Estimate April 9, 2013 Client: Louis Alty for Job No. 39779.82.01 By: C.R.R. GREYSTONE FINAL UNIT 4 16.86 ACRES - 67 LOTS ITEM DESCRIPTION QUAN. + UNIT UNIT TOTAL 5% PRICE COST A. PAVING IMPROVEMENTS: Clearing and Grubbing N 17.35 AC $425.00 $7,373.75 2 Excavation and Embankment v 14,311 CY $6.12 $87,583.32 2" HMAC Including Prime Coat 2,419 SY $14.75 $35,680.25 4 1 112" HMAC Including Prime Coat 7,572 SY $13.00 $98,436.00 5 6" Ty A, Gr 1 Crushed Limestone Base 9,991 SY $12.00 $119,892.00 6 8" Lime Stabilized Subgrade 12,900 SY $6.00 $77,400.00 7 6' "'L' Curb 6,492- $13,00 $84,396.00 8 4' Concrete Sidewalk 24,2341 SF $4.25 $102,994.50 9 10' Concrete Hike and Bike Path 6,088 SF $4.50 $27,396.00 10 5' Concrete Valley Gutter 256 SF $6.00 $1,536.00 11 Street Sign 5 EA $565.00 $2,825.00 12 Replace Existing Pavement 65 SY $35.00 $2,275.00 PAVING SUB-TOTAL: $647,787.82 B. STORM SEWER IMPROVEMENTS: _1 36" RCP 400 LF 7". 6 $30,000.00 2 30" RCP 292 LF $56.00 $16,352.00 3 24" RCP 15 LF $42.00 $630.00 18" RCP 1,045 LF $34.6-0- $35,530.00- 5 15" RCP 233 LF $32.50 $7,572.50 6 OSHA Trench Protection 1,985 LF $1.00 $1,985.00 7 5' Slot Inlet 13 $2,750.00 $35,750.00 8 Type'B'Manhole 6 EA $3,785.00 $22,710.00 9 80'xl 8" RCP w13:1 S.E.T. Entrance Culvert 21 _EA $1,975.00 $3,950.00 10 6ctfa-ll Structure 1 EA $5,6-2-5—.00 __I5 „_025_.00 11 Post Inlet 1 EA $2,900.00 $2,900.00 STORM SEWER SUB-TOTAL: $162,404.50 t C. WATER IMPROVEMENTS:— 1 81, PVC C-900 1,748 LF $27.00 $47,196.00 2 6” PVC C-966 -------- --- 1,554 LF $�20.50_ 3 y Poly46 leneSDR9Pipe 229 IF— $14.50 __$3,32-0ii50— --"" 4 8" Gate Valve and Box 3 EA $1,220.00 $3,660.00 5 6" Gate Valve and Box 3 EA $890.00 $2,670.00 6 2" Corporation Stop 2 EA $266.00 $532,00 8" x 6" DI Tee 3 $415.00- 8 6" DI Tee 1 EA $375.00 6" x 90 Degree DI Bend 1 EA $310.010 $310.00 10 8" x 90 Degree DI Bend I EA $465.00 $465.00 11 6" Cap w12" Tap $375.00 12 FH Assembly, Complete in Place 5 EA $2_,87_5_,00 �14,375.66 13 Tie to Existing Water Line 5 EA $2,685.00 $13,425.00 14 12" Tapping Saddle w18" Tapping Gate Valve EA t3_,iY5.00 $3,175.00 [ _ 15 !,Pavement Repair i LS $2,350.$2,350.00 _$2__,356:00 Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1-361-854-3101 1 of 2 Exhibit 3 Page 1 of3 Eng: Murf Hudson, P.E. Preliminary Cost Estimate April 9, 2013 Client: Louis Alty for Job No. 39779.132.01 By: C.R.R. GREYSTONE FINAL UNIT 4 16.86 ACRES - 67 LOTS ITEM DESCRIPTION QUAN. + 5% UNIT UNIT PRICE TOTAL COST 16 Long Double Service 17 EA $785.00 $13,345.00 17 Long Single Service 6 EA $750.00 $4,500.00 18 Double Service 600 EA $575.00 $5,175,00 -Short 19 Short Single Service 4 EA _W9_5.00 $2,380.00 20 Waterline —Deflection w/Bends 4 EA $1,975.00 $7,900.00 2,475 LF $1.00 WATER SUB-TOTAL: $158,630.50 D. SANITARY SEWER IMPROVEMENTS: 1 12" PVC SDR 26 (8' -10' Cut) 1 12" PVC SDR 26 (6' -8' Cut) 2 10" PVC SDR 26 (6' -8' Cut) 3 10" PVC SDR 26 (4' -6' Cut) 4 8" PVC SDR 26 (8' -10' Cut) 5 8" PVC SDR 26 (6' -8' cut) 6 8" PVC SDR 7 �_VVdSDR 26 (0'-4' Cut) __8 --Embedment 9 OSHA Trench Protection 10 4' Diameter Manhole (8' -10' Deep) 11 4' Diameter Manhole (6' -8' Deep) 12 ,4' Manhole {4' -6' Deep) 13 "Tie to Existing Sanitary Sewer Line 14 Long Service 15 IShort Service E. MISCELLANEOUS IMPROVEMENTS: 1 �i Sta�ed Construction Entrance Silt Fence 3 !Electrical Conduit (Street Crossings) General on i ions, Bonds and Insurance 98 LF $5200 $5,096.00 379 LF $46.00 $17,434.00 570 LF ---- -------- $12.00 $24,510.00 480 LF $38.00 $18,240.00 43 LF $40.00 $1,720.00 600 LF $33.00 $19,800.00 611 LF $31.00 $18,941.00 49 LF $29.00 i $1,421.00 2,830 LF $7.00 $19,6-1-6-.0-0 2,475 LF $1.00 1 EA $4,75-0.00 $4,750.00 4 EA $4,500.00 $18,000.00 3 EA $4,250.00 $12,750.00 3 EA $550-00 $1,650.00 25 EA . ...... ... $640.00 $16,000.00 37 EA $525.00 $19,425.00 SANITARY SEWER SUB-TOTAL: $202,022.001 1 LS $2,100.00 $2,100,00 630 LF $2.25 $1,417,50 263 LF ---- -------- $12.00 $3,156.00 Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1-361-854-3101 Exhibit 3 WOW10 Eng: Murf Hudson, P.E. STREET PARTICIPATION ESTIMATE April 9, 2013 Client: Louis Alty for Job No. 39779,82.01 By: C.R.R. GREYSTONE UNIT 4 Exhibit 3 Page 3 of 3 DISCLOSURE OF INTERESTS City of Carpus Christi, Texas Department of Development Services P.O. Box 9277 Corpus Msti, Tww 78469 -9277 (361) 826.3240 Lasted at 2406 Leopard Street (Comer of Leopard St. and Pert Ave.) City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the fallowing information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: ri r STREET: 1i� CITY: _ ZIP: �r _ FIRM Is: Corporation 0 Partnership ® Sole Owner Q Association [] Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interestr" constituting 3% or more of the ownership in the above named "firm ". Name Job Title and City Department (If known) - % YvIa 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 z V 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 "finn ". Name Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership In the above named "firm ". Name Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: c2uk Title: ' V (Print) K:IDEVEL0Ph WUVCPS €tA =)L AND DEVE O MENtWRDENANCE ADMIMTRAVOMAPPt tCAMN FGRMSTORMS AS PER tXGA1.\W=19CL0Sl OV t4n RESTS STATE41ENT1.27.12 DOC DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee ". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm ". Any entity operated for economic gain, whether professional, industrial `or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the Form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as nonprofit organizations. d. "Official ". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held. in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant °. Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. YCNDE'VEWPNM TPSVCWIfAItLD1 EM DDEVEiD PMENWRDINMCE, AD& UNiS7RATiONVJIIUCA* nONFORTASTORMSA3PFIt .LMALi2012USCLOSUMOFINTEMIS STAIEMEW127.t2" Ordinance authorizing the City Manager to execute a developer participation agreement with Alty Enterprises, Inc. ( "Developer "), to reimburse the Developer up to $86,559.82 for the City's share of the cost to expand and extend Sydney Street. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a developer participation agreement with Alty Enterprises, Inc. ( "Developer "), to reimburse the Developer up to $86,559.82 for the City's share of the actual cost to expand and extend Sydney Street, which street abuts the proposed extension of Greystone Park, in connection with the development of Greystone Subdivision Unit 4, Corpus Christi, Nueces County, Texas. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20137 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 , 20137 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 , 2013. CITY OF CORPUS CHRISTI Nelda Martinez Mayor b+ AGENDA MEMORANDUM �Ogpgq First Reading Ordinance for the City Council Meeting of May 28, 2013 Second Reading Ordinance for the City Council Meeting of June 11, 2013 DATE: May 9, 2013 TO: Ronald L. Olson, City Manager FROM: Lawrence Mikolajczyk, Director, Solid Waste Operations LawM(d,)cctexas.com 361 -826 -1972 Request approval to amend Chapter 21 of the City's Code of Ordinances, to regulate the use of plastic check -out bags and establish a system to monitor and collect environmental recovery fees. CAPTION: AN ORDINANCE AMENDING CHAPTER 21, PART III GARBAGE, TRASH, AND OTHER REFUSE OF THE CODE OF ORDINANCES, BY ADDING NEW ARTICLE VI REGULATING THE USE OF PLASTIC CHECKOUT BAGS IN THE CITY OF CORPUS CHRISTI, AND PROVIDING FOR PENALTIES. PURPOSE: The purpose is to encourage the use of reusable shopping bags by imposing a fee for single -use check -out bags. BACKGROUND AND FINDINGS: Single -use plastic shopping bags have become a significant problem for the City of Corpus Christi. When combined with prevalent windy conditions, plastic Bags collect on trees, fences, farm crops, and are washed into the storm- -water collection system and eventually into our adjacent waters. Plastic bags detract from the City's beauty, are harmful to wildlife, and place a financial burden on the City to clean up litter. As a tourist destination, located adjacent to sensitive estuaries, bays and the Gulf of Mexico, the City needs to take action to resolve a growing problem. Previous City Council Updates: May 2012 — Presentation of plastic bag survey, with discussion of enforcement issues. October 9, 2012 — Update on recently completed online plastic bag survey which found only 5% of respondents used re- usable bags. October 23, 2012 - Update on community and organizational meetings related to Plastic Bag initiative as well as media buys, and promotion of A Bag's Life. February 21, 2013 - Update on ongoing partnerships with "Plastic Bag Challenge "; introduction of Green Star program quarterly reporting form (draft); and discussion of litter ordinance updates April 16, 2013 — Discussion of the Green Star Program, environmental recovery fee, and ordinance updates. ALTERNATIVES: Staff considered other options, ranging from an education /marketing program to completely banning plastic bags. OTHER CONSIDERATIONS: The staff held numerous meetings with retailers and other interested parties to explore options. Staff considered the actions taken by other cities to control litter created by single -use bags. CONFORMITY TO CITY POLICY: The ordinance and program confirm to City policy. EMERGENCY INON- EMERGENCY: Non- Emergency. DEPARTMENTAL CLEARANCES: City Attorney FINANCIAL IMPACT: X Operating X Revenue © Capital c Not applicable Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Revenue $0 $1,300,000 $1,300,000 Encumbered 1 -Expended Amount This item $0 $1,300,000 $1,300,000 BALANCE $0 $0 $0 Fund(s): #1020 — General Fund Comments: All revenue collected would be put back into programs to reduce plastic bag litter, such as giving away reusable bags, education, and litter clean -up and enforcement. For FY 2013 -14, we estimate 5 months revenue of $542,000 5 months of expense of $542,000. The amount of expense is contingent Upon, and equal to, the amount of revenue earned. "This item" — Enter amount obligated by the item in future years (if applicable). RECOMMENDATION: Review and approve the proposed ordinance. 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WHEREAS, the City of Corpus Christi has a duty to protect the natural environment, the economy and the health of its citizens; WHEREAS, the use of plastic checkout bags has a significant impact on the environment such as contributing to unsightly litter on the streets, sidewalks, beaches, clogging sewers and drainage systems; WHEREAS, plastic checkout bags are difficult to recycle and currently contaminate material that is processed through Corpus Christi composting program; WHEREAS, costs associated with the use and disposal of plastic checkout bags creates a burden on the city's solid waste disposal process WHEREAS, it is in the best interest of the health, safety, and welfare of the residents of Corpus Christi to reduce the cost to the city of solid waste disposal, and to protect the environment by banning the use of plastic checkout bags; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT, from and after the passage of this Ordinance Chapter 21 of the City Code of Ordinances shall be amended by addition of a new Article VI, to read as follows: "Chapter 21. Garbage, Trash and Other Refuse. Article VI. Plastic Checkout Bag. Sec. 21 -60. Definitions. Business means any commercial enterprise or establishment, including sole proprietorships, joint ventures, partnerships, corporations or any other legal entity whether for profit or not for profit and includes all employees of the business and any independent contractors associated with the business. Checkout bag means a carry out bag that is used by a customer at the point of sale for the purpose of transporting goods. Plastic checkout bag means a checkout bag that is made of plastic which is provided by a business to a customer typically at the point of sale for the purpose of transporting goods after shopping, and which is intended and constructed for single use. Reusable bag means a bag that is specifically designed and manufactured for multiple reuse and is: (1) made of cloth or other washable fabric, or (2) made of other durable material suitable for reuse. Sec. 21 -61. Establishment and Remittance of Environmental Recovery Fee (a) A fee is hereby established for customers making purchases from businesses utilizing single use plastic checkout bags to offset the cost to the City Environmental Recovery Program. No fee shall be charged for single use plastic bags used for meat, poultry or fish. (b) The fee shall be either: i. $0.10 per plastic checkout bag and /or single use garment bag ( "per bag "), OR ii. $1.00 per transaction involving plastic checkout bags and /or single use garment bags ( "transaction ") (c) Each business shall make an election of either the per bag or transaction fee at the time the business submits a Plastic Bag Reduction Program to City of Corpus Christi Solid Waste Department. If no election is made by the business, the per bag fee shall apply. (d) If a business wishes to change from the per bag fee to the transaction fee or vice versa, the request must be: Within the first 6 months of election, ii. In writing, sent certified mail, return receipt requested to the Director of the City of Corpus Christi Solid Waste Department, and iii. May only be changed once every 365 days, starting from the effective date of this ordinance (e) Fees must be paid by the customer at the time of purchase. Businesses shall not pay the fee on behalf of customers. (f) All businesses which choose the per plastic check out bag fee shall indicate on the consumer transaction receipt if the customer used plastic bags and the total amount of fee charged. (g) Fees shall be collected by the business on a calendar month basis and remitted to the City of Corpus Christi Solid Waste Department by the 10th of the following calendar month. A late payment fee shall be assessed of one hundred (100) dollars for each month the fees are unremitted to the City. (h) Fees collected under this ordinance shall be used for, including but not limited to: i. Giveaways of free reusable bags; ii. Public education on reducing litter; iii. Hiring of more code enforcement officers and other City employees to improve litter enforcement; iv. Cleanups of shorelines, storm drains, streets, parks and dumping areas; and V. Reduction of the residential solid waste /garbage pickup charges. Sec. 21 -62. Registration. (a) Businesses that utilize plastic checkout bags shall register a Plastic Bag Reduction Program with the City of Corpus Christi Solid Waste Department annually. Businesses who utilize plastic checkout bags that fail to register a Plastic Bag Reduction Program with the City of Corpus Christi Solid Waste Department will be subject to penalties as set forth in Section 21- 66. (b) Businesses utilizing plastic checkout bags shall register an agent or member of management who is personally responsible for Plastic Bag Reduction Program and can be contacted in the event of a violation. (c) Registration of Plastic Bag Reduction Programs will begin August 1, 2013 in anticipation of the Ordinance effective date of March 1, 2014. Sec. 21 -63. Signage Requirement. (a) All businesses shall maintain signs, in both English and Spanish, at a point of entry to the business reminding customers: To bring reusable bags into the business; ii. That plastic checkout bags are only given at customer request at checkout for a fee; iii. If the business has reusable bags for sale, that reusable bags are available for purchase by the consumer; and iv. All signs required by this statute must comply with current city ordinances. (b) Businesses not utilizing plastic checkout bags are exempt from this provision. Sec. 21 -64. Rules. The Director of the City of Corpus Christi Solid Waste Department shall adopt rules necessary for the administration of this article and the Environmental Recovery Fee. The Director of the City of Corpus Christi Solid Waste Department shall be responsible for administration of this article; developing all rules and procedures necessary to administer all provisions of this article; developing maintenances programs; and establishing Environmental Recovery Fee criteria and standards. Section 21 -65. Quarterly Reporting. All businesses shall maintain records of and submit to the City of Corpus Christi Solid Waste Department a quarterly report that specifies: (a) The number of plastic bags purchased by the retailer during the reporting period; and (b) The number of reusable bags sold to consumers during the reporting period. The business must maintain these records for a period of no less than two years. Sec. 21 -66. Penalties for Violation. Any violation of Section 21 -61 (a), 21- 61(b), 21 -61 (c), 21 -61 (d), 21 -62, 21 -63, or 21 -65 shall be subject to punishment as follows: (1) First violation. A written warning notice shall be issued to the business that a violation has occurred. No fine shall be issued for the first violation. (2) Subsequent violations. The fines shall be as follows: (A) $100 for the first violation in a calendar year; (B) $200 for the second violation in the same calendar year; or (C) $500 for each additional violation in the same calendar year. (3) No more than one citation shall be issued to a business within a 7 -day period. (4) A violation under this subsection is a class C misdemeanor. (5) The culpable mental state required by Section 6.02 of the Texas Penal Code is specifically negated and dispensed with and a violation under this subsection is a strict liability offense. SECTION 3. Severability. If any phrase, clause, sentence, paragraph or section of this Ordinance is declared unconstitutional or unlawful by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the phrases, clauses, sentences, paragraphs, and sections would have been enacted by the city commission without the incorporation in this Ordinance of any such unconstitutional or unlawful phase, clause, sentence, paragraph, or section. 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. SECTION 5. This Ordinance takes effect on March 1, 2014. 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 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 � }> >\ � «? � § ©\ 040t� :«< ���� Fill" Thank you for your interest in Green Star Program. As part of an effort to keep Corpus Christi the Sparkling City by the Sea, Corpus Christi City Council on passed an Environmental Recovery Fee ordinance. As part of a larger effort of litter reduction, the City also created the Green Star Program. The Green Star Program is a City of Corpus Christi program designed as an alternative to the Environmental Recovery Fee. It is also intended to highlight businesses that embrace and implement greener practices. In order to qualify, businesses must be evaluated by City staff. Other requirements include having receptacles properly labeled and emptied on regular basis, reducing litter, and training staff training in litter reduction. Businesses participating in the Green Star Program must also encourage reusable bag usage and no longer providing single use plastic bags. Lastly, Green Star businesses must also have promotions and incentives to customers to bring reusable bags and participate in Litter Ordinance Education Program. Thank you for taking the first step in creating a more beautiful City! Application Number: i• General comments /observations: City of Corpus Christi Solid Waste Services Date: Full legal name of business Business PHYSICAL Address Business MAILING Address Business Phone, Business Fax, Business Email Hours of Operation Agent or member of management completing Survey per 21 -62(b) Other Plastic Ba_g Questionnaire 1. Does your business provide single use plastic bags and /or single use garment bags to your customers? Yes No 2. If your business does provide single use plastic bags and single use garment bags for your customers, approximately how many do you give out per day? 3. Does your business offer re- usable bags for sale? Yes No 4. Does your business give customers a credit or rebate when they bring their own carryout bag(s)? 0 r If yes tell us about the credit. 5. What are your challenges of not providing single use bags to your customers? 6. Are there any issues or concerns that impact your business? 5 Rec yclin_g 1. Does your business subscribe to single stream recycling? 0 150 2. Who collects your recycling? 3. Do you need assistance in recycling? Yes No 4. What items /materials are recycled at your business? 5. If your recyclable material is sent to a City of Corpus Christi RECYCLING DROP OFF CENTER, approximately how much (describe volume) of recyclable material do you produce per day? Ibs 6. If your recycling is sent to a RECYCLING DROP -OFF CENTER which one do you use? (please circle one) H -E -B Parking Lot H -E -B Parking Lot Fellowship of Oso Creek Church Leopard and Violet Alameda and Glazebrook 7402 Yorktown Boulevard 7. Please indicate if City drop -off sites are conveniently located and easy to use. 8. Site appearance: 9. Was the employee courteous? Yes No 6 Parking Lot Survey: 1. What is the approximate size of the establishment's parking lot Vehicle Slots 2. How many trash receptacles are in parking lot? 3. How often are they emptied? time(s) per 4. How often are parking lots patrolled for litter? time(s) per 5. Do you keep a litter log? Yes No 6. Are trash receptacle signs clearly visible? Yes No 7 How to qualify for Green Star Program: • Must be interviewed by City Staff. • Receptacles must be properly labeled and emptied on timely bases. • Must be little or minimum parking lot litter. (i.e. frequent litter patrols) • Must have staff training in litter reduction. • Eliminate single -use plastic bags. • Only use Re- usable bags. • Promotion and incentives to customers to bring re- usable bags. • Participate in Litter Ordinance Education Program by giving suggestions at: http://www.greenstarcorpus.com/suggestions * Qualified Green Star Retailers will be exempt from environmental recovery fees. Environmental Recovery Fee Sec. 21 -61 (b) (a) The fee shall be either i. $0.10 per plastic checkout bag and /or single use garment bag ( "per bag'), OR ii. $1.00 per transaction involving plastic checkout bags and /or single use garment bags ( "transaction') After reading the Green Star requirements and you rather pay the Environmental Recovery Fee, which fee are you going to pay? bag"), $0.10 per plastic checkout bag and /or single use garment bag ( "per Or $1.00 per transaction involving plastic checkout bags and /or single use garment bags ( "transaction ") 0 Section 21 -61 City of Corpus Christi Green Star Program Remittance Form Reporting Period: From To Application ID: Application ID: Agent or member of management who is personally responsible for Plastic Bag Reduction Program Name: Address: Payment for Environmental Recovery Fee Check Checkbook Number Amount Enclosed For Credit Card Payment go online or in person at City Hall 1201 Leopard St. Central Cashiers, First Floor. DO HERBY ATTEST THAT THE INFORMATION REPRESENTED ON THIS STATEMENT IS ACCURATE. 9 Sec. 21 -61. Establishment and Remittance of Environmental Recovery Fee (a) A fee is hereby established for customers making purchases from businesses utilizing single use plastic checkout bags to offset the cost to the City Environmental Recovery Program. No fee shall be charged for single use plastic bags used for meat, poultry or fish. (b) The fee shall be either: i. $0.10 per plastic checkout bag and /or single use garment bag ( "per bag "), OR ii. $1.00 per transaction involving plastic checkout bags and /or single use garment bags ( "transaction ") (c) Each business shall make an election of either the per bag or transaction fee at the time the business submits a Plastic Bag Reduction Program to City of Corpus Christi Solid Waste Department. If no election is made by the business, the per bag fee shall apply. (d) If a business wishes to change from the per bag fee to the transaction fee or vice versa, the request must be: i. Within the first 6 months of election, ii. In writing, sent certified mail, return receipt requested to the Director of the City of Corpus Christi Solid Waste Department, and iii. May only be changed once every 365 days, starting from the effective date of this ordinance (e) Fees must be paid by the customer at the time of purchase. Businesses shall not pay the fee on behalf of customers. (f) All businesses which choose the per plastic check out bag fee shall indicate on the consumer transaction receipt if the customer used plastic bags and the total amount of fee charged. (g) Fees shall be collected by the business on a calendar month basis and remitted to the City of Corpus Christi Solid Waste Department by the 10th of the following calendar month. A late payment fee shall be assessed of one hundred (100) dollars for each month the fees are unremitted to the City. (h) Fees collected under this ordinance shall be used for, including but not limited to: i. Giveaways of free reusable bags; ii. Public education on reducing litter; iii. Hiring of more code enforcement officers and other City employees to improve litter enforcement; iv. Cleanups of shorelines, storm drains, streets, parks and dumping areas; and v. Reduction of the residential solid waste /garbage pickup charges. 10 Sec. 21 -66. Penalties for Violation. Any violation of Section 21 -61 (a), 21- 61(b), 21 -61 (c), 21 -61 (d), 21 -62, 21 -63, or 21 -65 shall be subject to punishment as follows: (1) First violation. A written warning notice shall be issued to the business that a violation has occurred. No fine shall be issued for the first violation. (2) Subsequent violations. The fines shall be as follows: (A) $100 for the first violation in a calendar year; (B) $200 for the second violation in the same calendar year; or (C) $500 for each additional violation in the same calendar year. (3) No more than one citation shall be issued to a business within a 7 -day period. (4) A violation under this subsection is a class C misdemeanor. (5) The culpable mental state required by Section 6.02 of the Texas Penal Code is specifically negated and dispensed with and a violation under this subsection is a strict liability offense. 11 Green Star Qualification /Plastic bag reporting form City of Corpus Christi Reporting Period: From To Retailer: Retailer ID: Retail Owner Name: Address: Reporting Period: from Reporting Quarter (Check one) Reporting Quarter (Check one): 1 (January 1 -March 31) 2 (April 1- June 30) 3 (July 1- September 30) 4(October 1- December 31) Section 21 -65. Quarterly Reporting. All businesses shall maintain records of and submit to the City of Corpus Christi Solid Waste Department a quarterly report that specifies: (a) The number of plastic bags purchased by the retailer during the reporting period. (b) The number of reusable bags sold to consumers during the reporting period. *The business must maintain these records for a period of no less than two years. * Retailers must report any information change on registration to the City of Corpus Christi. 12 S w a� o v AGENDA MEMORANDUM „owo a „o First Reading Ordinance for the City Council Meeting of 5/28/13 xs52 Second Reading Ordinance for the City Council Meeting of 6/11/13 DATE: May 15, 2013 TO: Ronald L. Olson, City Manager FROM: Laura Z. Garcia, Interim Library Director lauraga(bcctexas.com 826 -7070 Appropriation of reimbursement funds from the Texas State Library and Archives Commission for the Corpus Christi Public Libraries. CAPTION: Ordinance authorizing the City Manager to appropriate $11,012.75 reimbursement received from the Texas State Library and Archives Commission for participation in Project Loan into the General Fund No. 1020, Central Library Organization No. 12800 to be used for library technology services. PURPOSE: To be used for library technology services. BACKGROUND AND FINDINGS: A reimbursement in the amount of $11,012.75 was received from the Texas State Library and Archives Commission for our participation in Project Loan, which is the interlibrary loan program. Participating libraries were entitled to a reimbursement after completing 25 net lends, Corpus Christi Public Libraries completed 1,225 net lends. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This conforms to policy regarding appropriations. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTALCLEARANCES: None FINANCIAL IMPACT: o Operating X Revenue o 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 11,012.75 11,012.75 BALANCE 11,012.75 11,012.75 Comments: None. RECOMMENDATION: Staff recommends appropriation of funds. LIST OF SUPPORTING DOCUMENTS: Ordinance. Ordinance Appropriating $11,012.75 reimbursement received from the Texas State Library and Archives Commission for participation in Project Loan into the General Fund No. 1020, Central Library Organization No. 12800 to be used for library technology services. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS SECTION 1. That $11,012.75 reimbursement received from the Texas State Library and Archives Commission for participation in Project Loan is appropriated into the General Fund No. 1020, Central Library Organization No. 12800 to be used for library technology services. 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 7 , 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 th day of , Nelda Martinez Mayor Ordinance Appropriating $2,741.44 from royalties from oil gas and mineral interests bequeathed to the City from the Estate of William T Neyland into the Library Grants fund No 1068, Project No. 807713L for library technology services. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS SECTION 1. That $2,741.44 from royalties from oil gas and mineral interests bequeathed to the City from the Estate of William T Neyland is appropriated into the Library Grants fund No 1068, Project No. 807713L for library technology services. 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 7 , 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 th day of , Nelda Martinez Mayor US C AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of5/28/13 1852 L~^ Second Reading Ordinance for the City Council Meeting 0f0/11/13 DATE: May 15.2013 TO: Ronald L Olson, City Manager FROM: Laura Z. G8njd.lDtehrn Library Director CAPTION: Appropriation of royalties from oil gas and mineral interests from the Estate of William T. Neyland for the Corpus Christi Public Libraries Ordinance authorizing the City Manager tn appropriate $2.741.44hn/nroyabie8hornoi|gG8Gnd nninen]| interests bequeathed to the City from the Estate of William T. Ney|and into the Library Grants fund NO. 1068. Project No. 807713L for library technology services. TVbe used for library technology services. FINDINGS: BACKGROUND AND Mineral interests earnings, paid regularly, were bequeathed to the Corpus Christi Public Libraries. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This conforms ho policy regarding appropriations. EMERGENCY / NON-EMERGENCY: Non-Emergency CLEARANCES: DEPARTMENTAL None FINANCIAL :None o Operating X Revenue o Capital o Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $2,741.44 $2,741.44 BALANCE $2,741.44 $2,741.44 Fund(s)-. Comments: None. DOCUMENTS: Staff recommends appropriation of funds. LIST OF SUPPORTING Ordinance Repealing Sec 2 -78 "Lay representative of city" of Article IV of Chapter 2 of the Corpus Christi Code, providing an effective date; and providing for publication. Whereas, the South Texas Library System has been dissolved, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That Section 2 -78 "Lay representative of city" of Article IV of Chapter 2 of the Corpus Christi Code is hereby repealed. Section 2 -78 reads as follows: The library board shall nominate a library board member as the lay representative to the South Texas Library System. The nominee shall be confirmed by a majority of city council members. The lay representative will serve for a term consistent with the South Texas Library System bylaws. In the event that the city's lay representative cannot attend a meeting, the library board chairman may designate any other library board member as an emergency alternate representative to South Texas Library System. SECTION 3. The effective date of this ordinance is the date of final City Council approval. SECTION 4. Publication shall be made one time 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 , 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 7 , 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 th day of , Nelda Martinez Mayor QS C� I/ O 0 � H U AGENDA MEMORANDUM /HCNfNaEO First Reading Ordinance for the City Council Meeting of 5/28/13 1852 Second Reading Ordinance for the City Council Meeting of 6/11/13 DATE: May 15, 2013 TO: Ronald L. Olson, City Manager FROM: Laura Z. Garcia; t iterim Library Director lauraga(a-)cctexas.com 826 -7070 Repealing Section 2 -78 city's lay representative to the South Texas Library System CAPTION: Ordinance repealing Sec 2 -78 "Lay representative of city" of Article IV of Chapter 2 of the Corpus Christi Code, providing an effective date; and providing for publication. PURPOSE: The South Texas Library System was dissolved on December 31, 2011, BACKGROUND AND FINDINGS: Section 2 -78 reads as follows: The library board shall nominate a library board member as the lay representative to the South Texas Library System. The nominee shall be confirmed by a majority of city council members. The lay representative will serve for a term consistent with the South Texas Library System bylaws. In the event that the city's lay representative cannot attend a meeting, the library board chairman may designate any other library board member as an emergency alternate representative to South Texas Library System. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Changes to City code require City Council approval. EMERGENCY /NON- EMERGENCY: CLEARANCES: DEPARTMENTAL None FINANCIAL IMPACT: None Ei Operating o Revenue o Capital X Not applicable Fund(s): DOCUMENTS: Comments: None. Staff recommends approval. LIST OF SUPPORTING Ordinance Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP anly) Current Year Future Years TOTALS Line Item Budget Encumbered Expended Amount This item BALANCE Fund(s): DOCUMENTS: Comments: None. Staff recommends approval. LIST OF SUPPORTING Ordinance E.N111111M. AGENDA MEMORANDUM Future Item for the City Council Meeting of May 28, 2013 Action Item for the City Council Meeting of June 11, 2013 DATE: May 28, 2013 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP @cctexas.com (361) 826 -3227 Authorization for the Issuance of General Improvement Bonds to finance Bond 2012 Projects CAPTION: A. Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for the issuance of "City of Corpus Christi, Texas General Improvement Bonds, Series 2013" in an amount not to exceed $88,010,000. B. Ordinance authorizing the issuance of "City of Corpus Christi, Texas General Improvement Bonds, Series 2013" in an amount not to exceed $88,010,000, levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the bonds; including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying agent /registrar agreement and a purchase contract; complying with the requirements imposed by the letter of representations previously executed with the depository trust company; delegating the authority to the Mayor and certain members of the City staff to execute certain documents relating to the sale of the bonds; and providing an effective date. PIIPPO-RF- On November 6, 2012 the citizens of Corpus Christi approved seven of the eight bond propositions included in the Bond 2012 election. The project cost associated with the seven propositions total $88,010,000. This agenda item authorizes the issuance of up to $88,010,000 of General Improvement Bonds to fund the projects associated with each of the seven propositions. BACKGROUND AND FINDINGS: Part A: Issuance of bonds requires utilization of a financing team which is made up of three parts: the financial advisor, bond counsel, and the underwriting syndicate. Part A of this agenda item authorizes the appointment of M. E. Allison & Co., Inc. as financial advisor for this transaction. See Exhibit A for the Financial Advisor's fee schedule. Fulbright & Jaworski L.L.P. is currently under contract with the City to serve as the City's bond counsel and will serve as the second part of our financing team. The third part of the financing team is the underwriters, and selection of the syndicate of underwriters from the City's pool of approved underwriters is being recommended for delegation to the Mayor, City Manager, Assistant City Manager for General Government and Operations Support, and Director of Financial Services in Part B of this agenda item. Part B: On November 6, 2012 the voters of Corpus Christi approved seven of the eight bond propositions on the ballot. Those approved were as follows: In order to adhere to the time schedules to insure timely completion of these projects, the City has already begun moving forward with contracts. On December 18, 2012, the City Council approved an ordinance expressing the City's intent to reimburse itself for costs incurred prior to the receipt of the bond proceeds. This agenda item will authorize the issuance of the bonds to reimburse the City for any costs already incurred and to fund the remaining projects. Because of the fluctuating conditions in the municipal bond market, our financial advisor has recommended that the City Council delegate to the Mayor, City Manager, Assistant City Manager for General Government and Operations Support, and the Director of Financial Services (i.e., "Authorized Representatives ") the authority to effect the sale of the bonds subject to the following parameters: (1) the principal amount of each series of bonds may not exceed $88,010,000; (2) none of the bonds shall bear interest at a rate greater than 7% per year, and (3) the bonds must have a rating issued by a nationally recognized municipal securities ratings organization in one of the four highest rating categories. The City's bond counsel has confirmed that the City can delegate the sale Projected tax increase Amount Authorized Purpose per $100 valuation Proposition 1 $55,000,000 Street Improvements No impact Proposition 3 $4,750,000 Service Center Complex Improvements $0.00264 Proposition 4 $16,000,000 Parks and Recreation Improvements $0.00866 Proposition 5 $2,340,000 Museum & Library Improvements $0.00136 Proposition 6 $820,000 Public Health Improvements $0.00054 Proposition 7 $700,000 Public Safety Improvements $0.00046 Proposition 8 $8,400,000 Economic Development Projects $0.00458 TOTAL $0.01824 In order to adhere to the time schedules to insure timely completion of these projects, the City has already begun moving forward with contracts. On December 18, 2012, the City Council approved an ordinance expressing the City's intent to reimburse itself for costs incurred prior to the receipt of the bond proceeds. This agenda item will authorize the issuance of the bonds to reimburse the City for any costs already incurred and to fund the remaining projects. Because of the fluctuating conditions in the municipal bond market, our financial advisor has recommended that the City Council delegate to the Mayor, City Manager, Assistant City Manager for General Government and Operations Support, and the Director of Financial Services (i.e., "Authorized Representatives ") the authority to effect the sale of the bonds subject to the following parameters: (1) the principal amount of each series of bonds may not exceed $88,010,000; (2) none of the bonds shall bear interest at a rate greater than 7% per year, and (3) the bonds must have a rating issued by a nationally recognized municipal securities ratings organization in one of the four highest rating categories. The City's bond counsel has confirmed that the City can delegate the sale of the bonds to the Authorized Representatives in the manner outlined above pursuant to the authority contained in Chapter 1371, as amended, Texas Government Code. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a FINANCIAL IMPACT: of Applicable Operating Expense X Revenue CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - - - - Encumbered /Expended amount of (date) - - - - This item - $ 88,010,000 - $ 88,010,000 BALANCE - $ 88,010,000 - $ 88,010,000 FUND(S): CIP Fund (number to be determined after bond sale) COMMENTS: The financial impact of this item is consistent with the financing plan included with the adopted 2013 Capital Improvement Plan and the proposed 2014 Capital Improvement Plan. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY /NON- EMERGENCY: Issuance of municipal obligations are exempted from the City's charter provision regarding dual reading and /or emergency adoption provisions pursuant to the provisions of Section 1201.028, as amended, Texas Government Code. DEPARTMENTALCLEARANCES: • Bond Counsel • Legal Department LIST OF SUPPORTING DOCUMENTS: Exhibit A — Financial Advisor Fee Schedule Ordinance � K" Jac. INVESTMENT BANKERS FINANCIAL ADVISORY FEE SCHEDULE GENERAL OBLIGATION BONDS $7,500 plus $20.00 per $1,000 for all over $150,000 $9,500 plus $10.00 per $1,000 for all over $250,000 $10,500 plus $8.00 per $1,000 for all over $350,000 $11,700 plus $7.00 per $1,000 for all over $500,000 $13, 100 plus $6.00 per $1,000 for all over $700,000 $14,900 plus $5.00 per $1,000 for all over $1,000,000 $17,400 plus $3.00 per $1,000 for all over $1,500,000 $27,900 plus $1.65 per $1,000 for all over $5,000,000 $36,150 plus $1.00 per $1,000 for all over $10,000,000 $46,150 plus $0.85 per $1,000 for all over $20,000,000 REVENUE BONDS AND COMBINATION TAX & REVENUE CERTIFICATES OF OBLIGATION In the event the Bonds to be issued are Revenue Bonds or Combination Tax and Revenue Certificates of Obligation, Refunding, Direct Pay Subsidy or Lease Purchase Obligations, the fee shall be the amount computed from the above schedule, plus 25 %. EXHIBIT A And Not More than More than $ $ 250,000 250,000 350,000 350,000 500,000 500,000 700,000 700,000 1,000,000 1,000,000 1,500,000 1,500,000 5,000,000 5,000,000 10,000,000 10,000,000 20,000,000 20,000,000 No Limit $7,500 plus $20.00 per $1,000 for all over $150,000 $9,500 plus $10.00 per $1,000 for all over $250,000 $10,500 plus $8.00 per $1,000 for all over $350,000 $11,700 plus $7.00 per $1,000 for all over $500,000 $13, 100 plus $6.00 per $1,000 for all over $700,000 $14,900 plus $5.00 per $1,000 for all over $1,000,000 $17,400 plus $3.00 per $1,000 for all over $1,500,000 $27,900 plus $1.65 per $1,000 for all over $5,000,000 $36,150 plus $1.00 per $1,000 for all over $10,000,000 $46,150 plus $0.85 per $1,000 for all over $20,000,000 REVENUE BONDS AND COMBINATION TAX & REVENUE CERTIFICATES OF OBLIGATION In the event the Bonds to be issued are Revenue Bonds or Combination Tax and Revenue Certificates of Obligation, Refunding, Direct Pay Subsidy or Lease Purchase Obligations, the fee shall be the amount computed from the above schedule, plus 25 %. EXHIBIT A Draft 5/21/13 ORDINANCE NO. AUTHORIZING THE ISSUANCE OF "CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT BONDS, SERIES 2013" IN AN AMOUNT NOT TO EXCEED $88,010,000, LEVYING AN ANNUAL AD VALOREM TAX, WITHIN THE LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF THE BONDS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE BONDS; INCLUDING THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT AND A PURCHASE CONTRACT; COMPLYING WITH THE REQUIREMENTS IMPOSED BY THE LETTER OF REPRESENTATIONS PREVIOUSLY EXECUTED WITH THE DEPOSITORY TRUST COMPANY; DELEGATING THE AUTHORITY TO THE MAYOR AND CERTAIN MEMBERS OF THE CITY STAFF TO EXECUTE CERTAIN DOCUMENTS RELATING TO THE SALE OF THE BONDS; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council (the City Council of the City of Corpus Christi, Texas (the City) hereby finds and determines that general improvement bonds of the City, representing an allocation against the hereinafter described voted authorization in the total principal amount of $ (being the principal amount of $ and a portion of the premium of $ ), should be issued and sold at this time, being the first installment of general improvement bonds approved and authorized to be issued at an election held on November 6, 2012, the respective authorized purposes and amounts authorized to be issued therefor, amounts previously issued, amounts being issued pursuant to this Ordinance, and amounts remaining to be issued from such voted authorizations subsequent to the date hereof being as follows: 52738587.2 Premium Bonds Allocated to Date Amount Previously Issued Amount Voted Purpose Authorized Issued Bonds Herein Authorization Unissued 11 -6 -12 Street Improvements $55,000,000 $0.00 $ $ $ 11 -6 -12 Service Center Complex Improvements $4,750,000 $0.00 $ $ $ 11 -6 -12 Parks and Recreation Improvements $16,000,000 $0.00 $ $ $ 11 -6 -12 Museum and Library Improvements $2,340,000 $0.00 $ $ $ 11 -6 -12 Public Health Improvements $820,000 $0.00 $ $ $ 11 -6 -12 Public Safety Improvements $700,000 $0.00 $ $ $ 11 -6 -12 Economic Development Projects $8,400,000 $0.00 $ $ $ 52738587.2 WHEREAS, the City Council intends to issue an aggregate principal of $ in general improvement bonds the proceeds of which will be utilized to provide for the (i) purpose of making permanent public improvements and for public purposes described above and (ii) payment of the costs of issuance of the general improvement bonds; WHEREAS, the City Council hereby finds and determines that the issuance of the general improvement bonds is in the best interests of the residents of the City, now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1: Authorization - Designation - Principal Amount - Purpose. General improvement bonds of the City shall be and are hereby authorized to be issued in the aggregate principal amount of THOUSAND AND NO /100 DOLLARS ($ ) to be designated and bear the title of "CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT BONDS, SERIES 2013" (the Bonds), for the purpose of providing funds: (i) to make permanent public improvements within the City, to -wit: improvements to City streets and (ii) to pay the costs related to the issuance of the Bonds, all in conformity with the laws of the State of Texas, particularly Chapters 1251, 1331, and 1371, as amended, Texas Government Code, an election held in the City on November 6, 2012, an ordinance adopted by the City Council on June 11, 2013, and the City's Home Rule Charter. As authorized by Chapter 1371, as amended, Texas Government Code (Chapter 1371), the Mayor of the City, the City Manager of the City, the Assistant City Manager for General Government and Operations Support, and the City's Director of Financial Services (each of the foregoing, individually, an Authorized Representative) are hereby authorized, appointed, and designated as the officers of the City authorized to individually act on behalf of the City in selling and delivering the Bonds authorized herein and carrying out the procedures specified in this Ordinance, including the further designation of the Bonds by series and by year, approval of the aggregate principal amount of each maturity of the Bonds, the redemption provisions therefor, the Dated Date thereof, the rate of interest to be borne on the principal amount of each such maturity, and the identity of the Purchasers (which may include a syndicate of underwriters and the identification by the Authorized Representative of the duties of such syndicate members) selected from the City's pool of approved underwriters. Each Authorized Representative, acting for and on behalf of the City, is authorized to execute the Approval Certificate attached hereto as Schedule I. The Bonds shall be issued in the principal amount not to exceed $88,010,000; the maximum maturity of the Bonds will be March 1, 2043; and the net effective per annum interest rate shall not exceed a rate greater than 7.00% per annum calculated in a manner consistent with the provisions of Chapter 1204, as amended, Texas Government Code. Lastly, each Authorized Representative is authorized to select the bond insurer, if any, with respect to the Bonds. The execution of the Approval Certificate shall evidence the sale date of the Bonds by the City to the Purchasers in accordance with the provisions of Chapter 1371. It is further provided, however, that notwithstanding the foregoing provisions, the Bonds shall not be delivered unless prior to their initial delivery, the Bonds have been rated by a nationally recognized rating agency for municipal securities in one of the four highest rating categories for long term obligations, as 52738587.2 - 2 - required by Chapter 1371. Upon execution of the Approval Certificate, Bond Counsel is authorized to complete this Ordinance to reflect such final terms. SECTION 2: Fully Registered Obligations - Authorized Denominations - Stated Maturities - Interest Rates - Dated Date. The Bonds shall be issued as fully registered obligations, without coupons, shall be dated June 1, 2013 (the Dated Date), shall be in denominations of $5,000 or any integral multiple thereof, shall be lettered "R" and numbered consecutively from One (1) upward, and principal shall become due and payable on March 1 in each of the years and in amounts (the Stated Maturities) and bear interest on the unpaid principal amounts from the Dated Date, or from the most recent Interest Payment Date (hereafter defined) to which interest has been paid or duly provided for to the earlier of redemption or Stated Maturity, at the rates per annum, while Outstanding, in accordance with the following schedule: Years of Stated Maturity 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Principal Amounts ($) Interest Rates The Bonds shall bear interest on the unpaid principal amounts from the Dated Date, or from the most recent Interest Payment Date to which interest has been paid or duly provided for, to Stated Maturity or prior redemption, while Outstanding, at the rates per annum shown in the 52738587.2 -3 - above schedule (calculated on the basis of a 360 -day year of twelve 30 -day months). Interest on the Bonds shall be payable on March 1 and September 1 in each year, commencing March 1, 2014 (the Interest Payment Date), while the Bonds are Outstanding. SECTION 3: Payment of Bonds - Paying Agent/Registrar. The principal of, premium, if any, and the interest on the Bonds, due and payable by reason of Stated Maturity, redemption, or otherwise, shall be payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts, and such payment of principal of, premium, if any, and interest on the Bonds shall be without exchange or collection charges to the Holder (as hereinafter defined) of the Bonds. The selection and appointment of BOKF, NA dba Bank of Texas, Austin, Texas, to serve as the initial Paying Agent/Registrar (the Paying Agent /Registrar) for the Bonds is hereby approved and confirmed, and the City agrees and covenants to cause to be kept and maintained at the corporate trust office of the Paying Agent/Registrar books and records (the Security Register) for the registration, payment, and transfer of the Bonds, all as provided herein, in accordance with the terms and provisions of a Paying Agent/Registrar Agreement, attached, in substantially final form, as Exhibit A hereto, and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The City covenants to maintain and provide a Paying Agent/Registrar at all times while the Bonds are Outstanding, and any successor Paying Agent/Registrar shall be (i) a national or state banking institution or (ii) an association or a corporation organized and doing business under the laws of the United States of America or of any state, authorized under such laws to exercise trust powers. Such Paying Agent/Registrar shall be subject to supervision or examination by federal or state authority and authorized by law to serve as a Paying Agent/Registrar. The City reserves the right to appoint a successor Paying Agent/Registrar upon providing the previous Paying Agent/Registrar with a certified copy of a resolution or ordinance terminating such agency. Additionally, the City agrees to promptly cause a written notice of this substitution to be sent to each Holder of the Bonds by United States mail, first -class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Principal of, premium, if any, and interest on the Bonds, due and payable by reason of Stated Maturity, redemption, or otherwise, shall be payable only to the registered owner of the Bonds appearing on the Security Register (the Holder or Holders) maintained on behalf of the City by the Paying Agent/Registrar as hereinafter provided (i) on the Record Date (hereinafter defined) for purposes of payment of interest on the Bonds, (ii) on the date of surrender of the Bonds for purposes of receiving payment of principal thereof at the Bonds' Stated Maturity or upon redemption of the Bonds, and (iii) on any other date for any other purpose. The City and the Paying Agent/Registrar, and any agent of either, shall treat the Holder as the owner of a Bond for purposes of receiving payment and all other purposes whatsoever, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. Principal of and premium, if any, on the Bonds shall be payable only upon presentation and surrender of the Bonds to the Paying Agent/Registrar at its corporate trust office. Interest on 52738587.2 - 4 - the Bonds shall be paid to the Holder whose name appears in the Security Register at the close of business on the fifteenth day of the month next preceding an Interest Payment Date for the Bonds (the Record Date) and shall be paid (i) by check sent on or prior to the appropriate date of payment by United States mail, first -class postage prepaid, by the Paying Agent/Registrar, to the address of the Holder appearing in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested in writing by the Holder at the Holder's risk and expense. If the date for the payment of the principal of, premium, if any, or interest on the Bonds shall be a Saturday, a Sunday, a legal holiday, or a day on which banking institutions in the city where the corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a day. The payment on such date shall have the same force and effect as if made on the original date any such payment on the Bonds was due. In the event of a non - payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first -class postage prepaid, to the address of each Holder of a Bond appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. SECTION 4: Redemption. A. Mandatory Redemption of Bonds. The Bonds stated to mature on March 1, 20 and March 1, 20 are collectively referred to herein as the "Term Bonds ". The Term Bonds are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the Bond Fund for such purpose and shall be redeemed in part, by lot or other customary method, at the principal amount thereof plus accrued interest to the date of redemption in the following principal amounts on March 1 in each of the years as set forth below: Term Bonds Stated to Mature on March 1, 20 Term Bonds Stated to Mature on March 1, 20 Principal Principal Year Amount ($) Year Amount ($) *Payable at Stated Maturity 52738587.2 -5 - The principal amount of a Term Bond required to be redeemed pursuant to the operation of such mandatory redemption provisions shall be reduced, at the option of the City, by the principal amount of any Term Bonds of such Stated Maturity which, at least 50 days prior to the mandatory redemption date (1) shall have been defeased or acquired by the City and delivered to the Paying Agent/Registrar for cancellation, (2) shall have been purchased and canceled by the Paying Agent/Registrar at the request of the City with money in the Bond Fund, or (3) shall have been redeemed pursuant to the optional redemption provisions set forth below and not theretofore credited against a mandatory redemption requirement. B. Optional Redemption. The Bonds having Stated Maturities on and after , 20 shall be subject to redemption prior to Stated Maturity at the option of the City, on , 20 , or on any date thereafter, as a whole or in part, in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity selected at random and by lot by the Paying Agent/Registrar), at the redemption price of par plus accrued interest to the date of redemption. C. Exercise of Redemption Option. At least forty -five (45) days prior to a date set for the redemption of Bonds (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar), the City shall notify the Paying Agent/Registrar of its decision to exercise the right to redeem Bonds, the principal amount of each Stated Maturity to be redeemed, and the date set for the redemption thereof. The decision of the City to exercise the right to redeem Bonds shall be entered in the minutes of the governing body of the City. D. Selection of Bonds for Redemption. If less than all Outstanding Bonds of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/Registrar shall select at random and by lot the Bonds to be redeemed, provided that if less than the entire principal amount of a Bond is to be redeemed, the Paying Agent/Registrar shall treat such Bond then subject to redemption as representing the number of Bonds Outstanding which is obtained by dividing the principal amount of such Bond by $5,000. E. Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Bonds, the Paying Agent/Registrar shall cause a notice of redemption shall be sent by United States mail, first -class postage prepaid, in the name of the City and at the City's expense, by the Paying Agent/Registrar to each Holder of a Bond to be redeemed, in whole or in part, at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. All notices of redemption shall (i) specify the date of redemption for the Bonds, (ii) identify the Bonds to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the Bonds, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified, and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, and (v) specify that payment of the redemption price for the Bonds, or the principal amount thereof to be redeemed, shall be made at the corporate trust office of the Paying 52738587.2 - 6 - Agent/Registrar only upon presentation and surrender thereof by the Holder. If a Bond is subject by its terms to redemption and has been called for redemption and notice of redemption thereof has been duly given or waived as herein provided, such Bond (or the principal amount thereof to be redeemed) so called for redemption shall become due and payable, and if money sufficient for the payment of such Bonds (or of the principal amount thereof to be redeemed) at the then applicable redemption price is held for the purpose of such payment by the Paying Agent/Registrar, then on the redemption date designated in such notice, interest on the Bonds (or the principal amount thereof to be redeemed) called for redemption shall cease to accrue, and such Bonds shall not be deemed to be Outstanding in accordance with the provisions of this Ordinance. This notice may also be published once in a financial publication, journal, or reporter of general circulation among securities dealers in the City of New York, New York (including, but not limited to, The Bond Buyer and The Wall Street dournal), or in the State of Texas (including, but not limited to, The Texas Bond Reporter). F. Transfer/Exchange of Bonds. Neither the City nor the Paying Agent/Registrar shall be required (i) to transfer or exchange any Bond during a period beginning forty -five (45) days prior to the date fixed for redemption of the Bonds or (ii) to transfer or exchange any Bond selected for redemption; provided, however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance of a Bond which is subject to redemption in part. SECTION 5: Execution - Registration. The Bonds shall be executed on behalf of the City by its Mayor or Mayor Pro Tem under the seal of the City reproduced or impressed thereon and attested by its City Secretary. The signature of any of said officers on the Bonds may be manual or facsimile. Bonds bearing the manual or facsimile signatures of individuals who were, at the time of the Dated Date, the proper officers of the City shall bind the City, notwithstanding that such individuals or either of them shall cease to hold such offices prior to the delivery of the Bonds to the Purchasers, all as authorized and provided in Chapter 1201, as amended, Texas Government Code. No Bond shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Bond either a certificate of registration substantially in the form provided in Section 8C, executed by the Comptroller of Public Accounts of the State of Texas or her duly authorized agent by manual signature, or a certificate of registration substantially in the form provided in Section 8D, executed by the Paying Agent/Registrar by manual signature, and either such certificate upon any Bond shall be conclusive evidence, and the only evidence, that such Bond has been duly certified or registered and delivered. SECTION 6: Registration - Transfer - Exchange of Bonds - Predecessor Bonds. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of every owner of the Bonds, or, if appropriate, the nominee thereof. Any Bond may, in accordance with its terms and the terms hereof, be transferred or exchanged for Bonds of other authorized denominations upon the Security Register by the Holder, in person or by his duly authorized agent, upon surrender of such Bond to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. 52738587.2 - % - Upon surrender for transfer of any Bond at the corporate trust office of the Paying Agent/Registrar, the City shall execute and the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Bonds of authorized denomination and having the same Stated Maturity and of a like interest rate and aggregate principal amount as the Bond or Bonds surrendered for transfer. At the option of the Holder, Bonds may be exchanged for other Bonds of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Bonds surrendered for exchange upon surrender of the Bonds to be exchanged at the corporate trust office of the Paying Agent/Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute, and the Paying Agent/Registrar shall register and deliver, the Bonds to the Holder requesting the exchange. All Bonds issued upon any transfer or exchange of Bonds shall be delivered at the corporate trust office of the Paying Agent/Registrar, or be sent by registered mail to the Holder at his request, risk, and expense, and upon the delivery thereof, the same shall be the valid and binding obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Bonds surrendered upon such transfer or exchange. All transfers or exchanges of Bonds pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any fee, tax or other governmental charges required to be paid with respect to such transfer or exchange. Bonds canceled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be Predecessor Bonds, evidencing all or a portion, as the case may be, of the same debt evidenced by the new Bond or Bonds registered and delivered in the exchange or transfer therefor. Additionally, the term Predecessor Bonds shall include any Bond registered and delivered pursuant to Section 17 in lieu of a mutilated, lost, destroyed, or stolen Bond which shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Bond. SECTION 7: Initial Bonds. The Bonds herein authorized shall be initially issued as a single fully registered Bond in the aggregate principal amount of $ with principal installments to become due and payable as provided in Section 2 hereof and numbered T -1 (the Initial Bonds), and the Initial Bonds shall be registered in the name of the Purchasers or the designee thereof. The Initial Bonds shall be the Bonds submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the Purchasers. Any time after the delivery of the Initial Bonds to the Purchasers, the Paying Agent/Registrar, pursuant to written instructions from the Purchasers, or the designee thereof, shall cancel the Initial Bonds delivered hereunder and exchange therefor definitive Bonds of like kind and of authorized denominations, Stated Maturities, principal amounts bearing applicable interest rates, and shall be lettered "R" and numbered consecutively from one (1) upward for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the Purchasers, or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. 52738587.2 - 8 - SECTION 8: Forms. A. Forms Generally. The Bonds, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Bonds shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including insurance legends in the event the Bonds, or any Stated Maturities thereof, are insured and identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including insurance legends and any reproduction of an opinion of Bond Counsel) thereon as may, consistent herewith, be established by the City or determined by the officers executing the Bonds as evidenced by their execution thereof. Any portion of the text of any Bond may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Bond. The definitive Bonds shall be printed, lithographed, or engraved, produced by any combination of these methods, or produced in any other similar manner, all as determined by the officers executing the Bonds as evidenced by their execution thereof, but the Initial Bond(s) submitted to the Attorney General of Texas may be typewritten or photocopied or otherwise reproduced. [The remainder of this page intentionally left blank.] 52738587.2 - 9 - B. Form of Definitive Bond. REGISTERED NO. United States of America State of Texas REGISTERED PRINCIPAL AMOUNT Counties of Nueces, Aransas, Kleberg, and San Patricio CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT BOND, SERIES 2013 Dated Date June 1, 2013 REGISTERED OWNER: PRINCIPAL AMOUNT: Interest Rate: Stated Maturity: CUSIP NO: The City of Corpus Christi, Texas (the City), a body corporate and a municipal corporation in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner specified above, or the registered assigns thereof, on the Stated Maturity date specified above, the Principal Amount specified above (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amount hereof from the Dated Date or from the most recent interest payment date to which interest has been paid or duly provided for until such Principal Amount has become due and payment thereof has been made or duly provided for, to the earlier of redemption or Stated Maturity, while Outstanding, at the per annum rate of interest specified above computed on the basis of a 360 -day year of twelve 30 -day months; such interest being payable on March 1 and September 1 of each year commencing March 1, 2014. Principal and premium, if any, on this Bond shall be payable to the Registered Owner hereof (the Holder), upon presentation and surrender, at the corporate trust office of the Paying Agent/Registrar executing the registration certificate appearing hereon or a successor thereof. Interest shall be payable to the Holder of this Bond (or one or more Predecessor Bonds, as defined in the Ordinance hereinafter referenced) whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding each interest payment date. All payments of principal of, and interest on this Bond shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first -class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by the Holder hereof at the Holder's risk and expense. 52738587.2 _10- This Bond is one of the series specified in its title issued in the aggregate principal amount of $ (the Bonds) pursuant to an ordinance adopted by the governing body of the City (the Ordinance), for the purpose of providing funds: (i) to make permanent public improvements within the City, to -wit: improvements to City streets and (ii) to pay the costs related to the issuance of the Bonds, all in conformity with the laws of the State of Texas, particularly Chapters 1251, 1331, and 1371, as amended, Texas Government Code, an election held in the City on November 6, 2012, the Ordinance, and the City's Home Rule Charter. The Bonds stated to mature on March 1, 20 and March 1, 20 are collectively referred to herein as the "Term Bonds ". The Term Bonds are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the Bond Fund for such purpose and shall be redeemed in part, by lot or other customary method, at the principal amount thereof plus accrued interest to the date of redemption in the following principal amounts on March 1 in each of the years as set forth below: Term Bonds Stated to Mature on March 1, 20 Principal Year Amount ($) *Payable at Stated Maturity Term Bonds Stated to Mature on March 1, 20 Principal Year Amount ($) The principal amount of a Term Bond required to be redeemed pursuant to the operation of such mandatory redemption provisions shall be reduced, at the option of the City, by the principal amount of any Term Bonds of such Stated Maturity which, at least 50 days prior to the mandatory redemption date (1) shall have been defeased or acquired by the City and delivered to the Paying Agent/Registrar for cancellation, (2) shall have been purchased and canceled by the Paying Agent/Registrar at the request of the City with money in the Bond Fund, or (3) shall have been redeemed pursuant to the optional redemption provisions set forth below and not theretofore credited against a mandatory redemption requirement. The Bonds stated to mature on and after 20 may be redeemed prior to their Stated Maturities at the option of the City, on 20, or on any date thereafter, in whole or in part in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity selected at random and by lot by the Paying Agent/Registrar) at the redemption price of par, together with accrued interest to the date of redemption, and upon thirty (30) days prior written notice being given by United States mail, first -class postage prepaid, to the Holders of the Bonds to be redeemed, and subject to the terms and provisions relating thereto contained in the Ordinance. If this Bond is subject to redemption prior to Stated Maturity and is in a denomination in excess of $5,000, portions of the principal sum hereof in installments of $5,000 or any integral multiple thereof may be redeemed, and, if less than all of the principal sum hereof 52738587.2 - 11 - is to be redeemed, there shall be issued, without charge therefor, to the Holder hereof, upon the surrender of this Bond to the Paying Agent/Registrar at its corporate trust office, a new Bond or Bonds of like Stated Maturity and interest rate in any authorized denominations provided in the Ordinance for the then unredeemed balance of the principal sum hereof. If this Bond (or any portion of the principal sum hereof) shall have been duly called for redemption and notice of such redemption has been duly given, then upon such redemption date this Bond (or the portion of the principal sum hereof to be redeemed) shall become due and payable, and, if the money for the payment of the redemption price and the interest accrued on the principal amount to be redeemed to the date of redemption is held for the purpose of such payment by the Paying Agent/Registrar, interest shall cease to accrue and be payable hereon from and after the redemption date on the principal amount hereof to be redeemed. If this Bond is called for redemption, in whole or in part, the City or the Paying Agent/Registrar shall not be required to issue, transfer, or exchange this Bond within forty -five (45) days of the date fixed for redemption; provided, however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance hereof in the event of its redemption in part. The Bonds of this series are payable from the proceeds of an annual ad valorem tax levied upon all taxable property within the City within the limitations prescribed by law. Reference is hereby made to the Ordinance, a copy of which is on file in the corporate trust office of the Paying Agent/Registrar, and to all of the provisions of which the Holder by his acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Bonds; the terms and conditions relating to the transfer or exchange of the Bonds; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which this Bond may be redeemed or discharged at or prior to the Stated Maturity thereof, and deemed to be no longer Outstanding thereunder; and for the other terms and provisions specified in the Ordinance. Capitalized terms used herein have the same meanings assigned in the Ordinance. This Bond, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register upon presentation and surrender at the corporate trust office of the Paying Agent/Registrar, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by the Holder hereof, or his duly authorized agent, and thereupon one or more new fully registered Bonds of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued to the designated transferee or transferees. The City and the Paying Agent/Registrar, and any agent of either, shall treat the Holder hereof whose name appears on the Security Register (i) on the Record Date as the owner hereof for purposes of receiving payment of interest hereon, (ii) on the date of surrender of this Bond as the owner hereof for purposes of receiving payment of principal hereof at its Stated Maturity or its redemption, in whole or in part, and (iii) on any other date as the owner hereof for all other purposes, and neither the City nor the Paying Agent/Registrar, or any such agent of either, shall be affected by notice to the contrary. In the event of a non - payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a 52738587.2 -12- Special Record Date) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first -class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, covenanted, and represented that all acts, conditions, and things required to be performed, exist, and be done precedent to the issuance of this Bond in order to render the same a legal, valid, and binding obligation of the City have been performed, exist, and have been done, in regular and due time, form, and manner, as required by the laws of the State of Texas and the Ordinance, and that the issuance of the Bonds does not exceed any constitutional or statutory limitation; and that due provision has been made for the payment of the principal of, premium if any, and interest on the Bonds by the levy of a tax as aforestated. In case any provision in this Bond or any application thereof shall be deemed invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions and applications shall not in any way be affected or impaired thereby. The terms and provisions of this Bond and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. [The remainder of this page intentionally left blank.] 52738587.2 - 13 - IN WITNESS WHEREOF, the City has caused this Bond to be duly executed under its official seal. ATTEST: City Secretary (CITY SEAL) CITY OF CORPUS CHRISTI, TEXAS Mayor [The remainder of this page intentionally left blank.] 52738587.2 -14- C. *Form of Registration Certificate of Comptroller of Public Accounts to Appear on Initial Bonds Only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS REGISTER NO. THE STATE OF TEXAS I HEREBY CERTIFY that this Bond has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this (SEAL) * Note to Printer: Not to appear on printed Bonds Only. Comptroller of Public Accounts of the State of Texas D. Form of Certificate of Paying Agent/Registrar to Appear on Definitive Bonds REGISTRATION CERTIFICATE OF PAYING AGENT /REGISTRAR This Bond has been duly issued under the provisions of the within- mentioned Ordinance; the Bond or Bonds of the above - entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. Registered this date: BOKF, NA dba BANK OF TEXAS, Austin, Texas, as Paying Agent/Registrar 52738587.2 -15 - Authorized Signature E. Form of Assignment. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee): (Social Security or other identifying number): the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this assignment must correspond with the name of the registered owner as it appears on the face of the within Bond in every particular. Signature guaranteed: F. The Initial Bonds shall be in the respective forms set forth in paragraph B of this Section, except that the form of a single fully registered Initial Bond shall be modified as follows: (i) immediately under the name of the Bond(s) the headings "Interest Rate" and "Stated Maturity" shall both be completed "as shown below "; (ii) the first two paragraphs shall read as follows: Registered Owner: Principal Amount: The City of Corpus Christi, Texas (the City), a body corporate and municipal corporation in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, the Principal Amount specified above on the first day of March in each of the years and in principal amounts and bearing interest at per annum rates in accordance with the following schedule: Years of Principal Interest Stated Maturity Amounts ($) Rates (Information to be inserted from schedule in Section 2 hereof). 52738587.2 -16- (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amount hereof from the Dated Date, or from the most recent interest payment date to which interest has been paid or duly provided for until the Principal Amount has become due and payment thereof has been made or duly provided for, at the per annum rates of interest specified above computed on the basis of a 360 -day year of twelve 30 -day months; such interest being payable on March 1 and September 1 of each year, commencing March 1, 2014. Principal of this Bond shall be payable to the Registered Owner hereof (the Holder), upon its presentation and surrender, to Stated Maturity or prior redemption, while Outstanding, at the corporate trust office of BOKF, NA dba Bank of Texas, Austin, Texas (the Paying Agent /Registrar). Interest shall be payable to the Holder of this Bond whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding each interest payment date. All payments of principal of and interest on this Bond shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first -class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder hereof. G. Insurance Legend. If bond insurance is obtained by the City or the Purchasers for the Bonds, the Definitive Bonds and the Initial Bonds shall bear an appropriate legend as provided by the insurer. SECTION 9: Definitions. For all purposes of this Ordinance (as defined below), except as otherwise expressly provided or unless the context otherwise requires: (i) the terms defined in this Section have the meanings assigned to them in this Section, and certain terms used in Sections 19 and 36 of this Ordinance have the meanings assigned to them in such Sections, and all such terms include the plural as well as the singular; (ii) all references in this Ordinance to designated "Sections" and other subdivisions are to the designated Sections and other subdivisions of this Ordinance as originally adopted; and (iii) the words "herein ", "hereof', and "hereunder" and other words of similar import refer to this Ordinance as a whole and not to any particular Section or other subdivision. A. The term Authorized Officials shall mean the Mayor, City Manager, Assistant City Manager for General Government and Operations Support, and /or the City Secretary. B. The term Bond Fund shall mean the special Fund created and established by the provisions of Section 10 of this Ordinance. C. The term Bonds shall mean the $ "CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT BONDS, SERIES 2013" authorized by this Ordinance. D. The term Closing Date shall mean the date of physical delivery of the Initial Bonds in exchange for the payment in full by the Purchasers. 52738587.2 -17- E. The term City shall mean City of Corpus Christi, located in the Counties of Nueces, Aransas, Kleberg, and San Patricio, Texas and, where appropriate, the City Council of the City. F. The term Debt Service Requirements shall mean, as of any particular date of computation, with respect to any obligations and with respect to any period, the aggregate of the amounts to be paid or set aside by the City as of such date or in such period for the payment of the principal of, premium, if any, and interest (to the extent not capitalized) on such obligations; assuming, in the case of obligations without a fixed numerical rate, that such obligations bear interest at the maximum rate permitted by the terms thereof and further assuming in the case of obligations required to be redeemed or prepaid as to principal prior to Stated Maturity, the principal amounts thereof will be redeemed prior to Stated Maturity in accordance with the mandatory redemption provisions applicable thereto. G. The term Depository shall mean an official depository bank of the City. H. The term Government Securities, as used herein, shall mean (i) direct noncallable obligations of the United States, including obligations that are unconditionally guaranteed by, the United States of America; (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent; (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent, or (iv) any additional securities and obligations hereafter authorized by the laws of the State of Texas as eligible for use to accomplish the discharge of obligations such as the Bonds. I. The term Holder or Holders shall mean the registered owner, whose name appears in the Security Register, for any Bond. J. The term Interest Payment Date shall mean the date interest is payable on the Bonds, being March 1 and September 1 of each year, commencing March 1, 2014, while any of the Bonds remain Outstanding. K. The term Ordinance shall mean this ordinance adopted by the City Council of the City on June 11, 2013. L. The term Outstanding when used in this Ordinance with respect to Bonds shall mean, as of the date of determination, all Bonds issued and delivered under this Ordinance, except: (1) those Bonds canceled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; 52738587.2 - 18 - (2) those Bonds for which payment has been duly provided by the City in accordance with the provisions of Section 21 of this Ordinance; and (3) those Bonds that have been mutilated, destroyed, lost, or stolen and replacement Bonds have been registered and delivered in lieu thereof as provided in Section 17 of this Ordinance. M. The term Purchasers shall mean the initial purchasers of the Bonds named in Section 18 of this Ordinance. N. The term Stated Maturity shall mean the annual principal payments of the Bonds payable on March 1 of each year, as set forth in Section 2 of this Ordinance. SECTION 10: Bond Fund — Investments. For the purpose of paying the interest on and to provide a sinking fund for the payment, redemption and retirement of the Bonds, there shall be and is hereby created a special fund to be designated "GENERAL IMPROVEMENT BONDS, SERIES 2013 INTEREST AND SINKING FUND" (the Bond Fund), which fund shall be kept and maintained at the Depository, and money deposited in such fund shall be used for no other purpose and shall be maintained as provided in Section 19. Authorized Officials of the City are hereby authorized and directed to make withdrawals from the Bond Fund sufficient to pay the purchase price or the amount of principal of, premium, if any, and interest on the Bonds as the same become due and payable and shall cause to be transferred to the Paying Agent/Registrar from money on deposit in the Bond Fund an amount sufficient to pay the amount of principal and /or interest stated to mature on the Bonds, such transfer of funds to the Paying Agent/Registrar to be made in such manner as will cause immediately available funds to be deposited with the Paying Agent/Registrar on or before the business day next preceding each interest and principal payment date for the Bonds. Pending the transfer of funds to the Paying Agent/Registrar, money in any fund created and established pursuant to the provisions of this Ordinance, at the option of the City, may be placed in time deposits, certificates of deposit, guaranteed investment contracts, or similar contractual agreements, as permitted by the provisions of the Public Funds Investment Act, as amended, Chapter 2256, Texas Government Code, secured (to the extent not insured by the Federal Deposit Insurance Corporation) by obligations of the type hereinafter described, or be invested, as authorized by any law, including investments held in book -entry form, in securities including, but not limited to, direct obligations of the United States of America, obligations guaranteed or insured by the United States of America, which, in the opinion of the Attorney General of the United States, are backed by its full faith and credit or represent its general obligations, or invested in indirect obligations of the United States of America, including, but not limited to, evidences of indebtedness issued, insured or guaranteed by such governmental agencies as the Federal Land Banks, Federal Intermediate Credit Banks, Banks for Cooperatives, Federal Home Loan Banks, Government National Mortgage Association, Farmers Home Administration, Federal Home Loan Mortgage Association, Small Business Administration, or Federal Housing Association; provided that all such deposits and investments shall be made in such a manner that the money required to be expended from such fund will be available at the proper time or times. All interest and income derived from deposits and investments in such 52738587.2 _19- fund shall be credited to, and any losses debited to, such fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Bonds. SECTION 11: Tax Levy. To provide for the payment of the Debt Service Requirements on the Bonds being (i) the interest on the Bonds and (ii) a sinking fund for their redemption at Stated Maturity or a sinking fund of 2% (whichever amount shall be the greater), there shall be and there is hereby levied for the current year and each succeeding year thereafter while the Bonds or any interest thereon shall remain Outstanding, a sufficient tax, within the limitations prescribed by law, on each one hundred dollars' valuation of taxable property in the City, adequate to pay such Debt Service Requirements, full allowance being made for delinquencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment of the Debt Service Requirements, and the same shall not be diverted to any other purpose. The taxes so levied and collected shall be paid into the Bond Fund and are thereafter pledged to the payment of the Bonds. The City Council hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient to pay such Debt Service Requirements, it having been determined that the existing and available taxing authority of the City for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness and other obligations of the City. SECTION 12: Deposits to Bond Fund — Surplus Bond Proceeds. The City hereby covenants and agrees to cause to be deposited in the Bond Fund prior to a principal and interest payment date for the Bonds, from the annual levy of an ad valorem tax or from other lawfully available funds, amounts sufficient to fully pay and discharge promptly each installment of interest and principal of the Bonds as the same accrues or matures or comes due by reason of Stated Maturity. Accrued interest received from the Purchasers shall be deposited to the Bond Fund. In addition, any surplus proceeds from the sale of the Bonds, including investment income thereon, not expended for authorized purposes shall be deposited in the Bond Fund, and such amounts so deposited shall reduce the sums otherwise required to be deposited in said Fund from ad valorem taxes. SECTION 13: Security of Funds. All money on deposit in the Funds for which this Ordinance makes provision (except any portion thereof as may be at any time properly invested as provided herein) shall be secured in the manner and to the fullest extent required by the laws of the State of Texas for the security of public funds, and money on deposit in such Funds shall be used only for the purposes permitted by this Ordinance. SECTION 14: Remedies in Event of Default. In addition to all the rights and remedies provided by the laws of the State of Texas, the City covenants and agrees particularly that in the event the City (a) defaults in the payments to be made to the Bond Fund or (b) defaults in the observance or performance of any other of the covenants, conditions, or obligations set forth in this Ordinance, the Holders of any of the Bonds shall be entitled to seek a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the governing body of the City and other officers of the City to observe and perform any covenant, condition, or obligation prescribed in this Ordinance. 52738587.2 -20- No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. The specific remedies herein provided shall be cumulative of all other existing remedies and the specification of such remedies shall not be deemed to be exclusive. SECTION 15: Notices to Holders — Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States mail, first -class postage prepaid, to the address of each Holder as it appears in the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Holders. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 16: Cancellation. All Bonds surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly canceled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already canceled, shall be promptly canceled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Bonds previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly canceled by the Paying Agent/Registrar. All canceled Bonds held by the Paying Agent/Registrar shall be destroyed as directed by the City. SECTION 17: Mutilated, Destroyed, Lost, and Stolen Bonds. If (1) any mutilated Bond is surrendered to the Paying Agent/Registrar, or the City and the Paying Agent/Registrar receive evidence to their satisfaction of the destruction, loss, or theft of any Bond, and (2) there is delivered to the City and the Paying Agent/Registrar such security or indemnity as may be required to save each of them harmless, then, in the absence of notice to the City or the Paying Agent/Registrar that such Bond has been acquired by a bona fide purchaser, the City shall execute and, upon its request, the Paying Agent/Registrar shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Bond, a new Bond of the same Stated Maturity and interest rate and of like tenor and principal amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost, or stolen Bond has become or is about to become due and payable, the City in its discretion may, instead of issuing a new Bond, pay such Bond. 52738587.2 -21- Upon the issuance of any new Bond or payment in lieu thereof, under this Section, the City may require payment by the Holder of a sum sufficient to cover any tax or other governmental charge imposed in relation thereto and any other expenses and charges (including attorney's fees and the fees and expenses of the Paying Agent/Registrar) connected therewith. Every new Bond issued pursuant to this Section in lieu of any mutilated, destroyed, lost, or stolen Bond shall constitute a replacement of the prior obligation of the City, whether or not the mutilated, destroyed, lost, or stolen Bond shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Bonds. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost, or stolen Bonds. SECTION 18: Sale of Bonds — Official Statement Approval — Approval of Purchase Contract. The Bonds authorized by this Ordinance are hereby sold by the City to , as the authorized representative of a group of underwriters (the Purchasers, and having all the rights, benefits, and obligations of a Holder) in accordance with the provisions of a Purchase Contract dated , 2013 (the Purchase Contract) attached hereto as Exhibit B and incorporated herein by reference as a part of this Ordinance for all purposes. The Initial Bond shall be registered in the name of . The pricing and terms of the sale of the Bonds are hereby found and determined to be the most advantageous reasonably obtainable by the City. Each Authorized Representative is hereby authorized and directed to execute the Purchase Contract for and on behalf of the City and as the act and deed of the City Council, and in regard to the approval and execution of the Purchase Contract, the City Council hereby finds, determines and declares that the representations, warranties, and agreements of the City contained in the Purchase Contract are true and correct in all material respects and shall be honored and performed by the City. Delivery of the Bonds to the Purchasers shall occur as soon as practicable after the adoption of this Ordinance, upon payment therefor in accordance with the terms of the Purchase Contract. Furthermore, the City hereby ratifies, confirms, and approves in all respects (i) the City's prior determination that the Preliminary Official Statement was, as of its date, "deemed final" in accordance with the Rule (hereinafter defined) and (ii) the use and distribution of the Preliminary Official Statement by the Purchasers in connection with the public offering and sale of the Bonds is hereby ratified, confirmed, and approved in all respects. The final Official Statement, being a modification and amendment of the Preliminary Official Statement to reflect the terms of sale (together with such changes approved by an Authorized Representative), shall be and is hereby in all respects approved and the Purchasers are hereby authorized to use and distribute the final Official Statement, dated , 2013, in the reoffering, sale and delivery of the Bonds to the public. The Mayor and /or City Secretary are further authorized and directed to manually execute and deliver for and on behalf of the City copies of the Official Statement in final form as may be required by the Purchasers, and such final Official Statement in the form and content manually executed by said officials shall be deemed to be approved by the City Council and constitute the Official Statement authorized for distribution and use by the Purchasers. The proper officials of the City are hereby authorized to execute and deliver a 52738587.2 -22- certificate pertaining to such Official Statement as prescribed therein, dated as of the date of payment for and delivery of the Bonds. Proceeds from the sale of the Bonds shall be applied as follows: (1) Accrued interest on the Bonds (in the amount of $ ), received from the Purchasers, shall be deposited into the Bond Fund. The City received a [net] premium from the sale of the Bonds of $ which is hereby allocated by the City in the following manner: (1) $ to pay the Purchasers' compensation, (2) $ to pay the costs of issuance, (3) $ is allocated toward the City's voted authority, and (4) $ shall be deposited into the Bond Fund as the contingency amount. (2) The balance of the proceeds (including a portion of the premium in the amount of $ and principal in the amount of $ , totaling $ ) derived from the sale of the Bonds (after paying costs of issuance) shall be deposited into the special construction account or accounts created for the projects to be constructed with the proceeds of the Bonds. This special construction account shall be established and maintained at the Depository and shall be invested in accordance with the provisions of Section 10 of this Ordinance. Interest earned on the proceeds of the Bonds pending completion of construction of the projects financed with such proceeds shall be accounted for, maintained, deposited, and expended as permitted by the provisions of Chapter 1201, as amended, Texas Government Code, or as required by any other applicable law. Thereafter, such amounts shall be expended in accordance with Section 12 of this Ordinance. SECTION 19: Covenants to Maintain Tax- Exembt Status. A. Definitions. When used in this Section, the following terms have the following meanings: Closing Date shall mean the date of physical delivery of the Initial Bonds in exchange for the payment in full by the Purchasers. Code means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. Computation Date has the meaning set forth in Section 1.148 -1(b) of the Regulations. Gross Proceeds means any proceeds as defined in Section 1.148 -1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148 -1(c) of the Regulations, of the Bonds. Investment has the meaning set forth in Section 1.148 -1(b) of the Regulations. 52738587.2 -23- Nonpurpose Investment means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Bonds are invested and which is not acquired to carry out the governmental purposes of the Bonds. Rebate Amount has the meaning set forth in Section 1.148 -1(b) of the Regulations. Regulations means any proposed, temporary, or final Income Tax Regulations issued pursuant to sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Bonds. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. Yield of (1) any Investment has the meaning set forth in Section 1.148 -5 of the Regulations; and (2) the Bonds has the meaning set forth in Section 1.148 -4 of the Regulations. B. Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Bond to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Bond, the City shall comply with each of the specific covenants in this Section. C. No Private Use or Private Payments. Except to the extent that it will not cause the Bonds to become "private activity bonds" within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Bonds: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds of the Bonds, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Bonds or any property the acquisition, construction or improvement of which is to be financed or refinanced 52738587.2 -24- directly or indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. D. No Private Loan. Except to the extent that it will not cause the Bonds to become "private activity bonds" within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Bonds to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take -or -pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. E. Not to Invest at Higher Yield. Except to the extent that it will not cause the Bonds to become "arbitrage bonds" within the meaning of section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Bonds directly or indirectly invest Gross Proceeds in any Investment, if as a result of such investment the Yield of any Investment acquired with Gross Proceeds, whether then held or previously disposed of, materially exceeds the Yield of the Bonds. F. Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Bonds to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. G. Information Report. The City shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038 -G or such other form and in such place as the Secretary may prescribe. H. Rebate of Arbitrage Profits. Except to the extent otherwise provided in section 148(f) of the Code and the Regulations and rulings thereunder: (1) The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Bond is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Bonds with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and 52738587.2 -25- the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Bonds until six years after the final Computation Date. (3) As additional consideration for the purchase of the Bonds by the Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall pay to the United States out of the Bond Fund or its general fund, as permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the amount that when added to the future value of previous rebate payments made for the Bonds equals (i) in the case of a Final Computation Date as defined in Section 1.148- 3(e)(2) of the Regulations, one hundred percent (100 %) of the Rebate Amount on such date; and (ii) in the case of any other Computation Date, ninety percent (90 %) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038 -T or such other forms and information as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder. (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.148 -3(h) of the Regulations. I. Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Bonds, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection H of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Yield of the Bonds not been relevant to either party. J. Bonds Not Hedge Bonds. (1) The City reasonably expects to spend at least 85% of the spendable proceeds of the Bonds within three years after such Bonds are issued. (2) Not more than 50% of the proceeds of the Bonds will be invested in Nonpurpose Investments having a substantially guaranteed Yield for a period of 4 years or more. K. Elections. The City hereby directs and authorizes any Authorized Official, either or any combination of the foregoing, to make such elections in the Certificate as to Tax Exemption or similar or other appropriate certificate, form, or document permitted or required 52738587.2 -26- pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Bonds. Such elections shall be deemed to be made on the Closing Date. SECTION 20: Control and Custody of Bonds. The Mayor shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas and shall take and have charge and control of the Bonds pending their approval by the Attorney General of the State of Texas, the registration thereof by the Comptroller of Public Accounts of the State of Texas and the delivery of the Bonds to the Purchasers. Furthermore, any Authorized Official, either or all, are hereby authorized and directed to furnish and execute such documents relating to the City and its financial affairs as may be necessary for the issuance of the Bonds, the approval of the Attorney General of the State of Texas and their registration by the Comptroller of Public Accounts of the State of Texas and, together with the City's financial advisors, Bond Counsel, and the Paying Agent/Registrar, make the necessary arrangements for the delivery of the Initial Bonds to the Purchasers, the initial exchange thereof for definitive Bonds. SECTION 21: Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Bonds, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. Bonds, or any principal amount(s) thereof, shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Bonds or the principal amount(s) thereof at Stated Maturity or the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have, in the case of a net defeasance, been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any money deposited therewith, if any, to pay when due the principal of and interest on such Bonds, or the principal amount(s) thereof, on and prior to the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/Registrar have been made) the redemption date thereof for the Bonds. In the event of a gross defeasance of the Bonds, the City shall deliver a certificate from its financial advisor, the Paying Agent/Registrar, or another qualified third party concerning the deposit of cash and /or Government Securities to pay, when due, the principal of, redemption premium (if any), and interest due on any defeased Bonds. The City covenants that no deposit of money or Government Securities will be made under this Section and no use made of any such deposit which would cause the Bonds to be treated as arbitrage bonds within the meaning of section 148 of the Code (as defined in Section 19 hereof). Any money so deposited with the Paying Agent/Registrar, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow 52738587.2 -27- agent, pursuant to this Section which is not required for the payment of the Bonds, or any principal amount(s) thereof, or interest thereon with respect to which such money has been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Bonds and remaining unclaimed for a period of three (3) years after the Stated Maturity or applicable redemption date of the Bonds such money was deposited and is held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor, subject to the unclaimed property laws of the State of Texas. Notwithstanding any other provision of this Ordinance to the contrary, it is hereby provided that any determination not to redeem defeased Bonds that is made in conjunction with the payment arrangements specified in subsection (i) or (ii) above shall not be irrevocable, provided that: (1) in the proceedings providing for such defeasance, the City expressly reserves the right to call the defeased Bonds for redemption; (2) gives notice of the reservation of that right to the owners of the defeased Bonds immediately following the defeasance; (3) directs that notice of the reservation be included in any redemption notices that it authorizes; and (4) at the time of the redemption, satisfies the conditions of (i) or (ii) above with respect to such defeased debt as though it was being defeased at the time of the exercise of the option to redeem the defeased Bonds, after taking the redemption into account in determining the sufficiency of the provisions made for the payment of the defeased Bonds. SECTION 22: Printed Opinion. The Purchasers' obligation to accept delivery of the Bonds is subject to its being furnished a final opinion of Fulbright & Jaworski LLP, as Bond Counsel, approving certain legal matters as to the Bonds, said opinion to be dated and delivered as of the date of initial delivery and payment for such Bonds. Printing of a true and correct copy of said opinion on the reverse side of each of the Bonds, with appropriate certificate pertaining thereto executed by facsimile signature of the City Secretary of the City is hereby approved and authorized. SECTION 23: CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Bonds. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Bonds shall be of no significance or effect as regards the legality thereof, and neither the City nor attorneys approving said Bonds as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Bonds. SECTION 24: Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 25: Ordinance a Contract — Amendments — Outstanding Bonds. The City acknowledges that the covenants and obligations of the City herein contained are a material inducement to the purchase of the Bonds. This Ordinance shall constitute a contract with the Holders from time to time, shall be binding on the City and its successors and assigns, and shall not be amended or repealed by the City so long as any Bond remains Outstanding except as permitted in this Section. The City may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the written consent of Holders holding a 52738587.2 -28- majority in aggregate principal amount of the Bonds then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided; however, that, without the consent of all Holders of Outstanding Bonds, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of and interest on the Bonds, reduce the principal amount thereof, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, the redemption price therefor, or interest on the Bonds, (2) give any preference to any Bond over any other Bond, or (3) reduce the aggregate principal amount of Bonds required for consent to any such amendment, addition, or rescission. SECTION 26: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, Bond Counsel, Paying Agent/Registrar, and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the City, Bond Counsel, the Paying Agent/Registrar, and the Holders. SECTION 27: Inconsistent Provisions. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters ordained herein. SECTION 28: Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 29: Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 30: Severability. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 31: Incorporation of Preamble Recitals. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council. SECTION 32: Authorization of Paying Agent/Registrar Agreement. The City Council of the City hereby finds and determines that it is in the best interest of the City to authorize the execution of a Paying Agent/Registrar Agreement concerning the payment, exchange, and transferability of the Bonds. A copy of the Paying Agent/Registrar Agreement is attached hereto, in substantially final form, as Exhibit A and is incorporated by reference to the provisions of this Ordinance. 52738587.2 -29- SECTION 33: Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is finally adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 34: Unavailability of Authorized Publication. If, because of the temporary or permanent suspension of any newspaper, journal, or other publication, or, for any reason, publication of notice cannot be made meeting any requirements herein established, any notice required to be published by the provisions of this Ordinance shall be given in such other manner and at such time or times as in the judgment of the City or of the Paying Agent/Registrar shall most effectively approximate such required publication and the giving of such notice in such manner shall for all purposes of this Ordinance be deemed to be in compliance with the requirements for publication thereof. SECTION 35: No Recourse Against City Officials. No recourse shall be had for the payment of principal of, premium, if any, or interest on any Bond or for any claim based thereon or on this Ordinance against any official of the City or any person executing any Bond. SECTION 36: Continuing Disclosure of Information. A. Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: EAIDJA means the MSRB's Electronic Municipal Market Access system, accessible by the general public, without charge, on the internet through the uniform resource locator (URL) http://www.emma.msrb.org. MSRB means the Municipal Securities Rulemaking Board. Rule means SEC Rule 15c2 -12, as amended from time to time. SEC means the United States Securities and Exchange Commission. B. Annual Reports. The City shall file annually with the MSRB, (1) within six months after the end of each fiscal year of the City ending in or after 2012, financial information and operating data with respect to the City of the general type included in the final Official Statement authorized by Section 20 of this Ordinance, being the information described in Exhibit D hereto, and (2) if not provided as part such financial information and operating data, audited financial statements of the City, when and if available. Any financial statements to be provided shall be (i) prepared in accordance with the accounting principles described in Exhibit D hereto, or such other accounting principles as the City may be required to employ from time to time pursuant to state law or regulation, and (ii) audited, if the City commissions an audit of such statements and the audit is completed within the period during which they must be provided. If the audit of such 52738587.2 -30- financial statements is not complete within such period, then the City shall file unaudited financial statements within such period and audited for the applicable fiscal year to the MSRB, when and if the audit report on such financial statements becomes available. Under current Texas law, including, but not limited to, Chapter 103, as amended, Texas Local Government Code, the City must have its records and accounts audited annually and shall have an annual financial statement prepared based on the audit. The annual financial statement, including the auditor's opinion on the statement, shall be filed in the office of the City Secretary within 180 days after the last day of the City's fiscal year. Additionally, upon the filing of this financial statement and the annual audit, these documents are subject to the Texas Open Records Act, as amended, Texas Government Code, Chapter 552. If the City changes its fiscal year, it will file notice thereof with the MSRB of the change (and of the date of the new fiscal year end) prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. C. Notice of Certain Events. The City shall file notice of any of the following events with respect to the Bonds to the MSRB in a timely manner and not more than 10 business days after occurrence of the event: (1) Principal and interest payment delinquencies; (2) Non - payment related defaults, if material; (3) Unscheduled draws on debt service reserves reflecting financial difficulties; (4) Unscheduled draws on credit enhancements reflecting financial difficulties; (5) Substitution of credit or liquidity providers, or their failure to perform; (6) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701 -TEB), or other material notices or determinations with respect to the tax exempt status of the Bonds, or other material events affecting the tax status of the Bonds; (7) Modifications to rights of holders of the Bonds, if material; (8) Bond calls, if material, and tender offers; (9) Defeasances; (10) Release, substitution, or sale of property securing repayment of the Bonds, if material; (11) Rating changes; 52738587.2 -31 - (12) Bankruptcy, insolvency, receivership, or similar event of the City, which shall occur as described below; (13) The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of its assets, other than in the ordinary course of business, the entry into of a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (14) Appointment of a successor or additional paying agent/registrar or the change of name of a paying agent/registrar, if material. For these purposes, any event described in the immediately preceding paragraph (12) is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for the City in a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing Governing Body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City. The City shall file notice with the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with this Section by the time required by this Section. D. Limitations, Disclaimers, and Amendments. The City shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the City remains an "obligated person" with respect to the Bonds within the meaning of the Rule, except that the City in any event will give notice of any deposit that causes the Bonds to be no longer Outstanding. The provisions of this Section are for the sole benefit of the holders and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR 52738587.2 -32- TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITH OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the City in observing or performing their obligations under this Section shall constitute a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. The provisions of this Section may be amended by the City from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a) the holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the Outstanding Bonds consent to such amendment or (b) a person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the holders and beneficial owners of the Bonds. The City may also repeal or amend the provisions of this Section if the SEC amends or repeals the applicable provisions of the Rule or any court of final jurisdiction enters judgment that such provisions of the Rule are invalid, and the City also may amend the provisions of this Section in its discretion in any other manner or circumstance, but in either case only if and to the extent that the provisions of this sentence would not have prevented an underwriter from lawfully purchasing or selling Bonds in the primary offering of the Bonds, giving effect to (a) such provisions as so amended and (b) any amendments or interpretations of the Rule. If the City so amends the provisions of this Section, the City shall include with any amended financial information or operating data next provided in accordance with this Section an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. E. Information Format — Incorporation by Reference. The City information required under this Section shall be filed with the MSRB through EMMA in such format and accompanied by such identifying information as may be specified from time to time thereby. Under the current rules of the MSRB, continuing disclosure documents submitted to EMMA must be in word - searchable portable document format (PDF) files that permit the document to be saved, viewed, printed, and retransmitted by electronic means and the series of obligations to which such continuing disclosure documents relate must be identified by CUSIP number or numbers. 52738587.2 -33 - Financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document) available to the public through EMMA or filed with the SEC. SECTION 37: Book -Entry Only System. It is intended that the Bonds will be registered so as to participate in a securities depository system (the DTC System) with the Depository Trust Company, New York, New York, or any successor entity thereto (DTC), as set forth herein. Each Stated Maturity of the Bonds shall be issued (following cancellation of the Initial Bonds described in Section 7) in the form of a separate single definitive Bond. Upon issuance, the ownership of each such Bond shall be registered in the name of Cede & Co., as the nominee of DTC, and all of the Outstanding Bonds shall be registered in the name of Cede & Co., as the nominee of DTC. The City and the Paying Agent/Registrar are authorized to execute, deliver, and take the actions set forth in such letters to or agreements with DTC as shall be necessary to effectuate the DTC System, including the Letter of Representations attached hereto as Exhibit D (the Representation Letter). With respect to the Bonds registered in the name of Cede & Co., as nominee of DTC, the City and the Paying Agent/Registrar shall have no responsibility or obligation to any broker - dealer, bank, or other financial institution for which DTC holds the Bonds from time to time as securities depository (a Depository Participant) or to any person on behalf of whom such a Depository Participant holds an interest in the Bonds (an Indirect Participant). Without limiting the immediately preceding sentence, the City and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co., or any Depository Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Depository Participant or any other person, other than a registered owner of the Bonds, as shown on the Security Register, of any notice with respect to the Bonds, including any notice of redemption, or (iii) the delivery to any Depository Participant or any Indirect Participant or any other Person, other than a Holder of a Bond, of any amount with respect to principal of, premium, if any, or interest on the Bonds. While in the DTC System, no person other than Cede & Co., or any successor thereto, as nominee for DTC, shall receive a bond certificate evidencing the obligation of the City to make payments of principal, premium, if any, and interest pursuant to this Ordinance. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Ordinance with respect to interest checks or drafts being mailed to the Holder, the word "Cede & Co." in this Ordinance shall refer to such new nominee of DTC. In the event that (a) the City determines that DTC is incapable of discharging its responsibilities described herein and in the Representation Letter, (b) the Representation Letter shall be terminated for any reason, or (c) DTC or the City determines that it is in the best interest of the beneficial owners of the Bonds that they be able to obtain certificated Bonds, the City shall notify the Paying Agent/Registrar, DTC, and the Depository Participants of the availability within a reasonable period of time through DTC of bond certificates, and the Bonds shall no longer be restricted to being registered in the name of Cede & Co., as nominee of DTC. At that time, the City may determine that the Bonds shall be registered in the name of and deposited 52738587.2 -34- with a successor depository operating a securities depository system, as may be acceptable to the City, or such depository's agent or designee, and if the City and the Paying Agent/Registrar do not select such alternate securities depository system then the Bonds may be registered in whatever name or names the Holders of Bonds transferring or exchanging the Bonds shall designate, in accordance with the provisions hereof. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, in the manner provided in the Representation Letter. SECTION 38: Further Procedures. The officers and employees of the City are hereby authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and under the corporate seal and on behalf of the City all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance, the initial sale and delivery of the Bonds, the Paying Agent/Registrar Agreement, the Purchase Contract, and the Official Statement. In addition, prior to the initial delivery of the Bonds, any Authorized Official and Bond Counsel are hereby authorized and directed to approve any technical changes or corrections to this Ordinance or to any of the instruments authorized and approved by this Ordinance necessary in order to (i) correct any ambiguity or mistake or properly or more completely document the transactions contemplated and approved by this Ordinance and as described in the Official Statement, (ii) obtain a rating from any of the national bond rating agencies, or (iii) obtain the approval of the Bonds by the Texas Attorney General's office. In case any officer of the City whose signature shall appear on any certificate shall cease to be such officer before the delivery of such certificate, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. SECTION 39: Effective Date. Pursuant to the provisions of Section 1201.028, as amended, Texas Government Code, this Ordinance shall be effective immediately upon adoption, notwithstanding any provision in the City's Home Rule Charter to the contrary concerning a multiple reading requirement for the adoption of ordinances. [The remainder of this page intentionally left blank] 52738587.2 -35 - PASSED, APPROVED AND ADOPTED on the 11th day of June, 2013. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) APPROVED THIS 11th DAY OF JUNE, 2013: Carlos Valdez, City Attorney Schedule I — Approval Certificate Exhibit A — Paying Agent/Registrar Agreement Exhibit B — Purchase Contract Exhibit C - Description of Annual Financial Information Exhibit D — DTC Letter of Representations 52738587.2 S -1 THE STATE OF TEXAS )( COUNTY OF N UECES )( I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 11th day of June, 2013, authorizing the issuance of the City's General Improvement Bonds, Series 2013, which ordinance is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the 11th day of June, 2013. City Secretary (CITY SEAL) 52738587.2 S -2 SCHEDULEI APPROVAL CERTIFICATE SEE TAB NO. 52738587.2 Schedule 1 -1 EXHIBIT A PAYING AGENT/REGISTRAR AGREEMENT SEE TAB NO. 52738587.2 A -1 EXHIBIT B PURCHASE CONTRACT SEE TAB NO. 52738587.2 B -1 EXHIBIT C DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 36 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section for each Year ending in and after 2011 are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below: All quantitative financial information and operating data with respect to the City of the general type included in Appendix A to the Official Statement under the headings "DEBT PAYABLE FROM TAXES ", "GENERAL REVENUES ", "GENERAL EXPENSES ", "AD VALOREM TAXES ", and "THE TAX INCREMENT FINANCING ACT ", and in Appendix C. Accounting Principles The accounting principles referred to in such Section are the accounting principles described in the notes to the financial statements referred to above. 52738587.2 C -1 EXHIBIT D DTC LETTER OF REPRESENTATIONS SEE TAB NO. 52738587.2 D -1 E.N111111M. AGENDA MEMORANDUM Future Item for the City Council Meeting of May 28, 2013 Action Item for the City Council Meeting of June 11, 2013 DATE: May 28, 2013 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP @cctexas.com (361) 826 -3227 Authorization for the Issuance of General Improvement Bonds to finance Bond 2012 Projects CAPTION: A. Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for the issuance of "City of Corpus Christi, Texas General Improvement Bonds, Series 2013" in an amount not to exceed $88,010,000. B. Ordinance authorizing the issuance of "City of Corpus Christi, Texas General Improvement Bonds, Series 2013" in an amount not to exceed $88,010,000, levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the bonds; including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying agent /registrar agreement and a purchase contract; complying with the requirements imposed by the letter of representations previously executed with the depository trust company; delegating the authority to the Mayor and certain members of the City staff to execute certain documents relating to the sale of the bonds; and providing an effective date. PIIPPO-RF- On November 6, 2012 the citizens of Corpus Christi approved seven of the eight bond propositions included in the Bond 2012 election. The project cost associated with the seven propositions total $88,010,000. This agenda item authorizes the issuance of up to $88,010,000 of General Improvement Bonds to fund the projects associated with each of the seven propositions. BACKGROUND AND FINDINGS: Part A: Issuance of bonds requires utilization of a financing team which is made up of three parts: the financial advisor, bond counsel, and the underwriting syndicate. Part A of this agenda item authorizes the appointment of M. E. Allison & Co., Inc. as financial advisor for this transaction. See Exhibit A for the Financial Advisor's fee schedule. Fulbright & Jaworski L.L.P. is currently under contract with the City to serve as the City's bond counsel and will serve as the second part of our financing team. The third part of the financing team is the underwriters, and selection of the syndicate of underwriters from the City's pool of approved underwriters is being recommended for delegation to the Mayor, City Manager, Assistant City Manager for General Government and Operations Support, and Director of Financial Services in Part B of this agenda item. Part B: On November 6, 2012 the voters of Corpus Christi approved seven of the eight bond propositions on the ballot. Those approved were as follows: In order to adhere to the time schedules to insure timely completion of these projects, the City has already begun moving forward with contracts. On December 18, 2012, the City Council approved an ordinance expressing the City's intent to reimburse itself for costs incurred prior to the receipt of the bond proceeds. This agenda item will authorize the issuance of the bonds to reimburse the City for any costs already incurred and to fund the remaining projects. Because of the fluctuating conditions in the municipal bond market, our financial advisor has recommended that the City Council delegate to the Mayor, City Manager, Assistant City Manager for General Government and Operations Support, and the Director of Financial Services (i.e., "Authorized Representatives ") the authority to effect the sale of the bonds subject to the following parameters: (1) the principal amount of each series of bonds may not exceed $88,010,000; (2) none of the bonds shall bear interest at a rate greater than 7% per year, and (3) the bonds must have a rating issued by a nationally recognized municipal securities ratings organization in one of the four highest rating categories. The City's bond counsel has confirmed that the City can delegate the sale Projected tax increase Amount Authorized Purpose per $100 valuation Proposition 1 $55,000,000 Street Improvements No impact Proposition 3 $4,750,000 Service Center Complex Improvements $0.00264 Proposition 4 $16,000,000 Parks and Recreation Improvements $0.00866 Proposition 5 $2,340,000 Museum & Library Improvements $0.00136 Proposition 6 $820,000 Public Health Improvements $0.00054 Proposition 7 $700,000 Public Safety Improvements $0.00046 Proposition 8 $8,400,000 Economic Development Projects $0.00458 TOTAL $0.01824 In order to adhere to the time schedules to insure timely completion of these projects, the City has already begun moving forward with contracts. On December 18, 2012, the City Council approved an ordinance expressing the City's intent to reimburse itself for costs incurred prior to the receipt of the bond proceeds. This agenda item will authorize the issuance of the bonds to reimburse the City for any costs already incurred and to fund the remaining projects. Because of the fluctuating conditions in the municipal bond market, our financial advisor has recommended that the City Council delegate to the Mayor, City Manager, Assistant City Manager for General Government and Operations Support, and the Director of Financial Services (i.e., "Authorized Representatives ") the authority to effect the sale of the bonds subject to the following parameters: (1) the principal amount of each series of bonds may not exceed $88,010,000; (2) none of the bonds shall bear interest at a rate greater than 7% per year, and (3) the bonds must have a rating issued by a nationally recognized municipal securities ratings organization in one of the four highest rating categories. The City's bond counsel has confirmed that the City can delegate the sale of the bonds to the Authorized Representatives in the manner outlined above pursuant to the authority contained in Chapter 1371, as amended, Texas Government Code. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a FINANCIAL IMPACT: of Applicable Operating Expense X Revenue CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - - - - Encumbered /Expended amount of (date) - - - - This item - $ 88,010,000 - $ 88,010,000 BALANCE - $ 88,010,000 - $ 88,010,000 FUND(S): CIP Fund (number to be determined after bond sale) COMMENTS: The financial impact of this item is consistent with the financing plan included with the adopted 2013 Capital Improvement Plan and the proposed 2014 Capital Improvement Plan. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY /NON- EMERGENCY: Issuance of municipal obligations are exempted from the City's charter provision regarding dual reading and /or emergency adoption provisions pursuant to the provisions of Section 1201.028, as amended, Texas Government Code. DEPARTMENTALCLEARANCES: • Bond Counsel • Legal Department LIST OF SUPPORTING DOCUMENTS: Exhibit A — Financial Advisor Fee Schedule Ordinance � K" Jac. INVESTMENT BANKERS FINANCIAL ADVISORY FEE SCHEDULE GENERAL OBLIGATION BONDS $7,500 plus $20.00 per $1,000 for all over $150,000 $9,500 plus $10.00 per $1,000 for all over $250,000 $10,500 plus $8.00 per $1,000 for all over $350,000 $11,700 plus $7.00 per $1,000 for all over $500,000 $13, 100 plus $6.00 per $1,000 for all over $700,000 $14,900 plus $5.00 per $1,000 for all over $1,000,000 $17,400 plus $3.00 per $1,000 for all over $1,500,000 $27,900 plus $1.65 per $1,000 for all over $5,000,000 $36,150 plus $1.00 per $1,000 for all over $10,000,000 $46,150 plus $0.85 per $1,000 for all over $20,000,000 REVENUE BONDS AND COMBINATION TAX & REVENUE CERTIFICATES OF OBLIGATION In the event the Bonds to be issued are Revenue Bonds or Combination Tax and Revenue Certificates of Obligation, Refunding, Direct Pay Subsidy or Lease Purchase Obligations, the fee shall be the amount computed from the above schedule, plus 25 %. EXHIBIT A And Not More than More than $ $ 250,000 250,000 350,000 350,000 500,000 500,000 700,000 700,000 1,000,000 1,000,000 1,500,000 1,500,000 5,000,000 5,000,000 10,000,000 10,000,000 20,000,000 20,000,000 No Limit $7,500 plus $20.00 per $1,000 for all over $150,000 $9,500 plus $10.00 per $1,000 for all over $250,000 $10,500 plus $8.00 per $1,000 for all over $350,000 $11,700 plus $7.00 per $1,000 for all over $500,000 $13, 100 plus $6.00 per $1,000 for all over $700,000 $14,900 plus $5.00 per $1,000 for all over $1,000,000 $17,400 plus $3.00 per $1,000 for all over $1,500,000 $27,900 plus $1.65 per $1,000 for all over $5,000,000 $36,150 plus $1.00 per $1,000 for all over $10,000,000 $46,150 plus $0.85 per $1,000 for all over $20,000,000 REVENUE BONDS AND COMBINATION TAX & REVENUE CERTIFICATES OF OBLIGATION In the event the Bonds to be issued are Revenue Bonds or Combination Tax and Revenue Certificates of Obligation, Refunding, Direct Pay Subsidy or Lease Purchase Obligations, the fee shall be the amount computed from the above schedule, plus 25 %. EXHIBIT A Draft 5/21/13 ORDINANCE NO. AUTHORIZING THE ISSUANCE OF "CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT BONDS, SERIES 2013" IN AN AMOUNT NOT TO EXCEED $88,010,000, LEVYING AN ANNUAL AD VALOREM TAX, WITHIN THE LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF THE BONDS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE BONDS; INCLUDING THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT AND A PURCHASE CONTRACT; COMPLYING WITH THE REQUIREMENTS IMPOSED BY THE LETTER OF REPRESENTATIONS PREVIOUSLY EXECUTED WITH THE DEPOSITORY TRUST COMPANY; DELEGATING THE AUTHORITY TO THE MAYOR AND CERTAIN MEMBERS OF THE CITY STAFF TO EXECUTE CERTAIN DOCUMENTS RELATING TO THE SALE OF THE BONDS; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council (the City Council of the City of Corpus Christi, Texas (the City) hereby finds and determines that general improvement bonds of the City, representing an allocation against the hereinafter described voted authorization in the total principal amount of $ (being the principal amount of $ and a portion of the premium of $ ), should be issued and sold at this time, being the first installment of general improvement bonds approved and authorized to be issued at an election held on November 6, 2012, the respective authorized purposes and amounts authorized to be issued therefor, amounts previously issued, amounts being issued pursuant to this Ordinance, and amounts remaining to be issued from such voted authorizations subsequent to the date hereof being as follows: 52738587.2 Premium Bonds Allocated to Date Amount Previously Issued Amount Voted Purpose Authorized Issued Bonds Herein Authorization Unissued 11 -6 -12 Street Improvements $55,000,000 $0.00 $ $ $ 11 -6 -12 Service Center Complex Improvements $4,750,000 $0.00 $ $ $ 11 -6 -12 Parks and Recreation Improvements $16,000,000 $0.00 $ $ $ 11 -6 -12 Museum and Library Improvements $2,340,000 $0.00 $ $ $ 11 -6 -12 Public Health Improvements $820,000 $0.00 $ $ $ 11 -6 -12 Public Safety Improvements $700,000 $0.00 $ $ $ 11 -6 -12 Economic Development Projects $8,400,000 $0.00 $ $ $ 52738587.2 WHEREAS, the City Council intends to issue an aggregate principal of $ in general improvement bonds the proceeds of which will be utilized to provide for the (i) purpose of making permanent public improvements and for public purposes described above and (ii) payment of the costs of issuance of the general improvement bonds; WHEREAS, the City Council hereby finds and determines that the issuance of the general improvement bonds is in the best interests of the residents of the City, now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1: Authorization - Designation - Principal Amount - Purpose. General improvement bonds of the City shall be and are hereby authorized to be issued in the aggregate principal amount of THOUSAND AND NO /100 DOLLARS ($ ) to be designated and bear the title of "CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT BONDS, SERIES 2013" (the Bonds), for the purpose of providing funds: (i) to make permanent public improvements within the City, to -wit: improvements to City streets and (ii) to pay the costs related to the issuance of the Bonds, all in conformity with the laws of the State of Texas, particularly Chapters 1251, 1331, and 1371, as amended, Texas Government Code, an election held in the City on November 6, 2012, an ordinance adopted by the City Council on June 11, 2013, and the City's Home Rule Charter. As authorized by Chapter 1371, as amended, Texas Government Code (Chapter 1371), the Mayor of the City, the City Manager of the City, the Assistant City Manager for General Government and Operations Support, and the City's Director of Financial Services (each of the foregoing, individually, an Authorized Representative) are hereby authorized, appointed, and designated as the officers of the City authorized to individually act on behalf of the City in selling and delivering the Bonds authorized herein and carrying out the procedures specified in this Ordinance, including the further designation of the Bonds by series and by year, approval of the aggregate principal amount of each maturity of the Bonds, the redemption provisions therefor, the Dated Date thereof, the rate of interest to be borne on the principal amount of each such maturity, and the identity of the Purchasers (which may include a syndicate of underwriters and the identification by the Authorized Representative of the duties of such syndicate members) selected from the City's pool of approved underwriters. Each Authorized Representative, acting for and on behalf of the City, is authorized to execute the Approval Certificate attached hereto as Schedule I. The Bonds shall be issued in the principal amount not to exceed $88,010,000; the maximum maturity of the Bonds will be March 1, 2043; and the net effective per annum interest rate shall not exceed a rate greater than 7.00% per annum calculated in a manner consistent with the provisions of Chapter 1204, as amended, Texas Government Code. Lastly, each Authorized Representative is authorized to select the bond insurer, if any, with respect to the Bonds. The execution of the Approval Certificate shall evidence the sale date of the Bonds by the City to the Purchasers in accordance with the provisions of Chapter 1371. It is further provided, however, that notwithstanding the foregoing provisions, the Bonds shall not be delivered unless prior to their initial delivery, the Bonds have been rated by a nationally recognized rating agency for municipal securities in one of the four highest rating categories for long term obligations, as 52738587.2 - 2 - required by Chapter 1371. Upon execution of the Approval Certificate, Bond Counsel is authorized to complete this Ordinance to reflect such final terms. SECTION 2: Fully Registered Obligations - Authorized Denominations - Stated Maturities - Interest Rates - Dated Date. The Bonds shall be issued as fully registered obligations, without coupons, shall be dated June 1, 2013 (the Dated Date), shall be in denominations of $5,000 or any integral multiple thereof, shall be lettered "R" and numbered consecutively from One (1) upward, and principal shall become due and payable on March 1 in each of the years and in amounts (the Stated Maturities) and bear interest on the unpaid principal amounts from the Dated Date, or from the most recent Interest Payment Date (hereafter defined) to which interest has been paid or duly provided for to the earlier of redemption or Stated Maturity, at the rates per annum, while Outstanding, in accordance with the following schedule: Years of Stated Maturity 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Principal Amounts ($) Interest Rates The Bonds shall bear interest on the unpaid principal amounts from the Dated Date, or from the most recent Interest Payment Date to which interest has been paid or duly provided for, to Stated Maturity or prior redemption, while Outstanding, at the rates per annum shown in the 52738587.2 -3 - above schedule (calculated on the basis of a 360 -day year of twelve 30 -day months). Interest on the Bonds shall be payable on March 1 and September 1 in each year, commencing March 1, 2014 (the Interest Payment Date), while the Bonds are Outstanding. SECTION 3: Payment of Bonds - Paying Agent/Registrar. The principal of, premium, if any, and the interest on the Bonds, due and payable by reason of Stated Maturity, redemption, or otherwise, shall be payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts, and such payment of principal of, premium, if any, and interest on the Bonds shall be without exchange or collection charges to the Holder (as hereinafter defined) of the Bonds. The selection and appointment of BOKF, NA dba Bank of Texas, Austin, Texas, to serve as the initial Paying Agent/Registrar (the Paying Agent /Registrar) for the Bonds is hereby approved and confirmed, and the City agrees and covenants to cause to be kept and maintained at the corporate trust office of the Paying Agent/Registrar books and records (the Security Register) for the registration, payment, and transfer of the Bonds, all as provided herein, in accordance with the terms and provisions of a Paying Agent/Registrar Agreement, attached, in substantially final form, as Exhibit A hereto, and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The City covenants to maintain and provide a Paying Agent/Registrar at all times while the Bonds are Outstanding, and any successor Paying Agent/Registrar shall be (i) a national or state banking institution or (ii) an association or a corporation organized and doing business under the laws of the United States of America or of any state, authorized under such laws to exercise trust powers. Such Paying Agent/Registrar shall be subject to supervision or examination by federal or state authority and authorized by law to serve as a Paying Agent/Registrar. The City reserves the right to appoint a successor Paying Agent/Registrar upon providing the previous Paying Agent/Registrar with a certified copy of a resolution or ordinance terminating such agency. Additionally, the City agrees to promptly cause a written notice of this substitution to be sent to each Holder of the Bonds by United States mail, first -class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Principal of, premium, if any, and interest on the Bonds, due and payable by reason of Stated Maturity, redemption, or otherwise, shall be payable only to the registered owner of the Bonds appearing on the Security Register (the Holder or Holders) maintained on behalf of the City by the Paying Agent/Registrar as hereinafter provided (i) on the Record Date (hereinafter defined) for purposes of payment of interest on the Bonds, (ii) on the date of surrender of the Bonds for purposes of receiving payment of principal thereof at the Bonds' Stated Maturity or upon redemption of the Bonds, and (iii) on any other date for any other purpose. The City and the Paying Agent/Registrar, and any agent of either, shall treat the Holder as the owner of a Bond for purposes of receiving payment and all other purposes whatsoever, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. Principal of and premium, if any, on the Bonds shall be payable only upon presentation and surrender of the Bonds to the Paying Agent/Registrar at its corporate trust office. Interest on 52738587.2 - 4 - the Bonds shall be paid to the Holder whose name appears in the Security Register at the close of business on the fifteenth day of the month next preceding an Interest Payment Date for the Bonds (the Record Date) and shall be paid (i) by check sent on or prior to the appropriate date of payment by United States mail, first -class postage prepaid, by the Paying Agent/Registrar, to the address of the Holder appearing in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested in writing by the Holder at the Holder's risk and expense. If the date for the payment of the principal of, premium, if any, or interest on the Bonds shall be a Saturday, a Sunday, a legal holiday, or a day on which banking institutions in the city where the corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a day. The payment on such date shall have the same force and effect as if made on the original date any such payment on the Bonds was due. In the event of a non - payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first -class postage prepaid, to the address of each Holder of a Bond appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. SECTION 4: Redemption. A. Mandatory Redemption of Bonds. The Bonds stated to mature on March 1, 20 and March 1, 20 are collectively referred to herein as the "Term Bonds ". The Term Bonds are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the Bond Fund for such purpose and shall be redeemed in part, by lot or other customary method, at the principal amount thereof plus accrued interest to the date of redemption in the following principal amounts on March 1 in each of the years as set forth below: Term Bonds Stated to Mature on March 1, 20 Term Bonds Stated to Mature on March 1, 20 Principal Principal Year Amount ($) Year Amount ($) *Payable at Stated Maturity 52738587.2 -5 - The principal amount of a Term Bond required to be redeemed pursuant to the operation of such mandatory redemption provisions shall be reduced, at the option of the City, by the principal amount of any Term Bonds of such Stated Maturity which, at least 50 days prior to the mandatory redemption date (1) shall have been defeased or acquired by the City and delivered to the Paying Agent/Registrar for cancellation, (2) shall have been purchased and canceled by the Paying Agent/Registrar at the request of the City with money in the Bond Fund, or (3) shall have been redeemed pursuant to the optional redemption provisions set forth below and not theretofore credited against a mandatory redemption requirement. B. Optional Redemption. The Bonds having Stated Maturities on and after , 20 shall be subject to redemption prior to Stated Maturity at the option of the City, on , 20 , or on any date thereafter, as a whole or in part, in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity selected at random and by lot by the Paying Agent/Registrar), at the redemption price of par plus accrued interest to the date of redemption. C. Exercise of Redemption Option. At least forty -five (45) days prior to a date set for the redemption of Bonds (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar), the City shall notify the Paying Agent/Registrar of its decision to exercise the right to redeem Bonds, the principal amount of each Stated Maturity to be redeemed, and the date set for the redemption thereof. The decision of the City to exercise the right to redeem Bonds shall be entered in the minutes of the governing body of the City. D. Selection of Bonds for Redemption. If less than all Outstanding Bonds of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/Registrar shall select at random and by lot the Bonds to be redeemed, provided that if less than the entire principal amount of a Bond is to be redeemed, the Paying Agent/Registrar shall treat such Bond then subject to redemption as representing the number of Bonds Outstanding which is obtained by dividing the principal amount of such Bond by $5,000. E. Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Bonds, the Paying Agent/Registrar shall cause a notice of redemption shall be sent by United States mail, first -class postage prepaid, in the name of the City and at the City's expense, by the Paying Agent/Registrar to each Holder of a Bond to be redeemed, in whole or in part, at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. All notices of redemption shall (i) specify the date of redemption for the Bonds, (ii) identify the Bonds to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the Bonds, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified, and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, and (v) specify that payment of the redemption price for the Bonds, or the principal amount thereof to be redeemed, shall be made at the corporate trust office of the Paying 52738587.2 - 6 - Agent/Registrar only upon presentation and surrender thereof by the Holder. If a Bond is subject by its terms to redemption and has been called for redemption and notice of redemption thereof has been duly given or waived as herein provided, such Bond (or the principal amount thereof to be redeemed) so called for redemption shall become due and payable, and if money sufficient for the payment of such Bonds (or of the principal amount thereof to be redeemed) at the then applicable redemption price is held for the purpose of such payment by the Paying Agent/Registrar, then on the redemption date designated in such notice, interest on the Bonds (or the principal amount thereof to be redeemed) called for redemption shall cease to accrue, and such Bonds shall not be deemed to be Outstanding in accordance with the provisions of this Ordinance. This notice may also be published once in a financial publication, journal, or reporter of general circulation among securities dealers in the City of New York, New York (including, but not limited to, The Bond Buyer and The Wall Street dournal), or in the State of Texas (including, but not limited to, The Texas Bond Reporter). F. Transfer/Exchange of Bonds. Neither the City nor the Paying Agent/Registrar shall be required (i) to transfer or exchange any Bond during a period beginning forty -five (45) days prior to the date fixed for redemption of the Bonds or (ii) to transfer or exchange any Bond selected for redemption; provided, however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance of a Bond which is subject to redemption in part. SECTION 5: Execution - Registration. The Bonds shall be executed on behalf of the City by its Mayor or Mayor Pro Tem under the seal of the City reproduced or impressed thereon and attested by its City Secretary. The signature of any of said officers on the Bonds may be manual or facsimile. Bonds bearing the manual or facsimile signatures of individuals who were, at the time of the Dated Date, the proper officers of the City shall bind the City, notwithstanding that such individuals or either of them shall cease to hold such offices prior to the delivery of the Bonds to the Purchasers, all as authorized and provided in Chapter 1201, as amended, Texas Government Code. No Bond shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Bond either a certificate of registration substantially in the form provided in Section 8C, executed by the Comptroller of Public Accounts of the State of Texas or her duly authorized agent by manual signature, or a certificate of registration substantially in the form provided in Section 8D, executed by the Paying Agent/Registrar by manual signature, and either such certificate upon any Bond shall be conclusive evidence, and the only evidence, that such Bond has been duly certified or registered and delivered. SECTION 6: Registration - Transfer - Exchange of Bonds - Predecessor Bonds. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of every owner of the Bonds, or, if appropriate, the nominee thereof. Any Bond may, in accordance with its terms and the terms hereof, be transferred or exchanged for Bonds of other authorized denominations upon the Security Register by the Holder, in person or by his duly authorized agent, upon surrender of such Bond to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. 52738587.2 - % - Upon surrender for transfer of any Bond at the corporate trust office of the Paying Agent/Registrar, the City shall execute and the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Bonds of authorized denomination and having the same Stated Maturity and of a like interest rate and aggregate principal amount as the Bond or Bonds surrendered for transfer. At the option of the Holder, Bonds may be exchanged for other Bonds of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Bonds surrendered for exchange upon surrender of the Bonds to be exchanged at the corporate trust office of the Paying Agent/Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute, and the Paying Agent/Registrar shall register and deliver, the Bonds to the Holder requesting the exchange. All Bonds issued upon any transfer or exchange of Bonds shall be delivered at the corporate trust office of the Paying Agent/Registrar, or be sent by registered mail to the Holder at his request, risk, and expense, and upon the delivery thereof, the same shall be the valid and binding obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Bonds surrendered upon such transfer or exchange. All transfers or exchanges of Bonds pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any fee, tax or other governmental charges required to be paid with respect to such transfer or exchange. Bonds canceled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be Predecessor Bonds, evidencing all or a portion, as the case may be, of the same debt evidenced by the new Bond or Bonds registered and delivered in the exchange or transfer therefor. Additionally, the term Predecessor Bonds shall include any Bond registered and delivered pursuant to Section 17 in lieu of a mutilated, lost, destroyed, or stolen Bond which shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Bond. SECTION 7: Initial Bonds. The Bonds herein authorized shall be initially issued as a single fully registered Bond in the aggregate principal amount of $ with principal installments to become due and payable as provided in Section 2 hereof and numbered T -1 (the Initial Bonds), and the Initial Bonds shall be registered in the name of the Purchasers or the designee thereof. The Initial Bonds shall be the Bonds submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the Purchasers. Any time after the delivery of the Initial Bonds to the Purchasers, the Paying Agent/Registrar, pursuant to written instructions from the Purchasers, or the designee thereof, shall cancel the Initial Bonds delivered hereunder and exchange therefor definitive Bonds of like kind and of authorized denominations, Stated Maturities, principal amounts bearing applicable interest rates, and shall be lettered "R" and numbered consecutively from one (1) upward for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the Purchasers, or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. 52738587.2 - 8 - SECTION 8: Forms. A. Forms Generally. The Bonds, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Bonds shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including insurance legends in the event the Bonds, or any Stated Maturities thereof, are insured and identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including insurance legends and any reproduction of an opinion of Bond Counsel) thereon as may, consistent herewith, be established by the City or determined by the officers executing the Bonds as evidenced by their execution thereof. Any portion of the text of any Bond may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Bond. The definitive Bonds shall be printed, lithographed, or engraved, produced by any combination of these methods, or produced in any other similar manner, all as determined by the officers executing the Bonds as evidenced by their execution thereof, but the Initial Bond(s) submitted to the Attorney General of Texas may be typewritten or photocopied or otherwise reproduced. [The remainder of this page intentionally left blank.] 52738587.2 - 9 - B. Form of Definitive Bond. REGISTERED NO. United States of America State of Texas REGISTERED PRINCIPAL AMOUNT Counties of Nueces, Aransas, Kleberg, and San Patricio CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT BOND, SERIES 2013 Dated Date June 1, 2013 REGISTERED OWNER: PRINCIPAL AMOUNT: Interest Rate: Stated Maturity: CUSIP NO: The City of Corpus Christi, Texas (the City), a body corporate and a municipal corporation in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner specified above, or the registered assigns thereof, on the Stated Maturity date specified above, the Principal Amount specified above (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amount hereof from the Dated Date or from the most recent interest payment date to which interest has been paid or duly provided for until such Principal Amount has become due and payment thereof has been made or duly provided for, to the earlier of redemption or Stated Maturity, while Outstanding, at the per annum rate of interest specified above computed on the basis of a 360 -day year of twelve 30 -day months; such interest being payable on March 1 and September 1 of each year commencing March 1, 2014. Principal and premium, if any, on this Bond shall be payable to the Registered Owner hereof (the Holder), upon presentation and surrender, at the corporate trust office of the Paying Agent/Registrar executing the registration certificate appearing hereon or a successor thereof. Interest shall be payable to the Holder of this Bond (or one or more Predecessor Bonds, as defined in the Ordinance hereinafter referenced) whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding each interest payment date. All payments of principal of, and interest on this Bond shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first -class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by the Holder hereof at the Holder's risk and expense. 52738587.2 _10- This Bond is one of the series specified in its title issued in the aggregate principal amount of $ (the Bonds) pursuant to an ordinance adopted by the governing body of the City (the Ordinance), for the purpose of providing funds: (i) to make permanent public improvements within the City, to -wit: improvements to City streets and (ii) to pay the costs related to the issuance of the Bonds, all in conformity with the laws of the State of Texas, particularly Chapters 1251, 1331, and 1371, as amended, Texas Government Code, an election held in the City on November 6, 2012, the Ordinance, and the City's Home Rule Charter. The Bonds stated to mature on March 1, 20 and March 1, 20 are collectively referred to herein as the "Term Bonds ". The Term Bonds are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the Bond Fund for such purpose and shall be redeemed in part, by lot or other customary method, at the principal amount thereof plus accrued interest to the date of redemption in the following principal amounts on March 1 in each of the years as set forth below: Term Bonds Stated to Mature on March 1, 20 Principal Year Amount ($) *Payable at Stated Maturity Term Bonds Stated to Mature on March 1, 20 Principal Year Amount ($) The principal amount of a Term Bond required to be redeemed pursuant to the operation of such mandatory redemption provisions shall be reduced, at the option of the City, by the principal amount of any Term Bonds of such Stated Maturity which, at least 50 days prior to the mandatory redemption date (1) shall have been defeased or acquired by the City and delivered to the Paying Agent/Registrar for cancellation, (2) shall have been purchased and canceled by the Paying Agent/Registrar at the request of the City with money in the Bond Fund, or (3) shall have been redeemed pursuant to the optional redemption provisions set forth below and not theretofore credited against a mandatory redemption requirement. The Bonds stated to mature on and after 20 may be redeemed prior to their Stated Maturities at the option of the City, on 20, or on any date thereafter, in whole or in part in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity selected at random and by lot by the Paying Agent/Registrar) at the redemption price of par, together with accrued interest to the date of redemption, and upon thirty (30) days prior written notice being given by United States mail, first -class postage prepaid, to the Holders of the Bonds to be redeemed, and subject to the terms and provisions relating thereto contained in the Ordinance. If this Bond is subject to redemption prior to Stated Maturity and is in a denomination in excess of $5,000, portions of the principal sum hereof in installments of $5,000 or any integral multiple thereof may be redeemed, and, if less than all of the principal sum hereof 52738587.2 - 11 - is to be redeemed, there shall be issued, without charge therefor, to the Holder hereof, upon the surrender of this Bond to the Paying Agent/Registrar at its corporate trust office, a new Bond or Bonds of like Stated Maturity and interest rate in any authorized denominations provided in the Ordinance for the then unredeemed balance of the principal sum hereof. If this Bond (or any portion of the principal sum hereof) shall have been duly called for redemption and notice of such redemption has been duly given, then upon such redemption date this Bond (or the portion of the principal sum hereof to be redeemed) shall become due and payable, and, if the money for the payment of the redemption price and the interest accrued on the principal amount to be redeemed to the date of redemption is held for the purpose of such payment by the Paying Agent/Registrar, interest shall cease to accrue and be payable hereon from and after the redemption date on the principal amount hereof to be redeemed. If this Bond is called for redemption, in whole or in part, the City or the Paying Agent/Registrar shall not be required to issue, transfer, or exchange this Bond within forty -five (45) days of the date fixed for redemption; provided, however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance hereof in the event of its redemption in part. The Bonds of this series are payable from the proceeds of an annual ad valorem tax levied upon all taxable property within the City within the limitations prescribed by law. Reference is hereby made to the Ordinance, a copy of which is on file in the corporate trust office of the Paying Agent/Registrar, and to all of the provisions of which the Holder by his acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Bonds; the terms and conditions relating to the transfer or exchange of the Bonds; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which this Bond may be redeemed or discharged at or prior to the Stated Maturity thereof, and deemed to be no longer Outstanding thereunder; and for the other terms and provisions specified in the Ordinance. Capitalized terms used herein have the same meanings assigned in the Ordinance. This Bond, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register upon presentation and surrender at the corporate trust office of the Paying Agent/Registrar, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by the Holder hereof, or his duly authorized agent, and thereupon one or more new fully registered Bonds of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued to the designated transferee or transferees. The City and the Paying Agent/Registrar, and any agent of either, shall treat the Holder hereof whose name appears on the Security Register (i) on the Record Date as the owner hereof for purposes of receiving payment of interest hereon, (ii) on the date of surrender of this Bond as the owner hereof for purposes of receiving payment of principal hereof at its Stated Maturity or its redemption, in whole or in part, and (iii) on any other date as the owner hereof for all other purposes, and neither the City nor the Paying Agent/Registrar, or any such agent of either, shall be affected by notice to the contrary. In the event of a non - payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a 52738587.2 -12- Special Record Date) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first -class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, covenanted, and represented that all acts, conditions, and things required to be performed, exist, and be done precedent to the issuance of this Bond in order to render the same a legal, valid, and binding obligation of the City have been performed, exist, and have been done, in regular and due time, form, and manner, as required by the laws of the State of Texas and the Ordinance, and that the issuance of the Bonds does not exceed any constitutional or statutory limitation; and that due provision has been made for the payment of the principal of, premium if any, and interest on the Bonds by the levy of a tax as aforestated. In case any provision in this Bond or any application thereof shall be deemed invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions and applications shall not in any way be affected or impaired thereby. The terms and provisions of this Bond and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. [The remainder of this page intentionally left blank.] 52738587.2 - 13 - IN WITNESS WHEREOF, the City has caused this Bond to be duly executed under its official seal. ATTEST: City Secretary (CITY SEAL) CITY OF CORPUS CHRISTI, TEXAS Mayor [The remainder of this page intentionally left blank.] 52738587.2 -14- C. *Form of Registration Certificate of Comptroller of Public Accounts to Appear on Initial Bonds Only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS REGISTER NO. THE STATE OF TEXAS I HEREBY CERTIFY that this Bond has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this (SEAL) * Note to Printer: Not to appear on printed Bonds Only. Comptroller of Public Accounts of the State of Texas D. Form of Certificate of Paying Agent/Registrar to Appear on Definitive Bonds REGISTRATION CERTIFICATE OF PAYING AGENT /REGISTRAR This Bond has been duly issued under the provisions of the within- mentioned Ordinance; the Bond or Bonds of the above - entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. Registered this date: BOKF, NA dba BANK OF TEXAS, Austin, Texas, as Paying Agent/Registrar 52738587.2 -15 - Authorized Signature E. Form of Assignment. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee): (Social Security or other identifying number): the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this assignment must correspond with the name of the registered owner as it appears on the face of the within Bond in every particular. Signature guaranteed: F. The Initial Bonds shall be in the respective forms set forth in paragraph B of this Section, except that the form of a single fully registered Initial Bond shall be modified as follows: (i) immediately under the name of the Bond(s) the headings "Interest Rate" and "Stated Maturity" shall both be completed "as shown below "; (ii) the first two paragraphs shall read as follows: Registered Owner: Principal Amount: The City of Corpus Christi, Texas (the City), a body corporate and municipal corporation in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, the Principal Amount specified above on the first day of March in each of the years and in principal amounts and bearing interest at per annum rates in accordance with the following schedule: Years of Principal Interest Stated Maturity Amounts ($) Rates (Information to be inserted from schedule in Section 2 hereof). 52738587.2 -16- (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amount hereof from the Dated Date, or from the most recent interest payment date to which interest has been paid or duly provided for until the Principal Amount has become due and payment thereof has been made or duly provided for, at the per annum rates of interest specified above computed on the basis of a 360 -day year of twelve 30 -day months; such interest being payable on March 1 and September 1 of each year, commencing March 1, 2014. Principal of this Bond shall be payable to the Registered Owner hereof (the Holder), upon its presentation and surrender, to Stated Maturity or prior redemption, while Outstanding, at the corporate trust office of BOKF, NA dba Bank of Texas, Austin, Texas (the Paying Agent /Registrar). Interest shall be payable to the Holder of this Bond whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding each interest payment date. All payments of principal of and interest on this Bond shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first -class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder hereof. G. Insurance Legend. If bond insurance is obtained by the City or the Purchasers for the Bonds, the Definitive Bonds and the Initial Bonds shall bear an appropriate legend as provided by the insurer. SECTION 9: Definitions. For all purposes of this Ordinance (as defined below), except as otherwise expressly provided or unless the context otherwise requires: (i) the terms defined in this Section have the meanings assigned to them in this Section, and certain terms used in Sections 19 and 36 of this Ordinance have the meanings assigned to them in such Sections, and all such terms include the plural as well as the singular; (ii) all references in this Ordinance to designated "Sections" and other subdivisions are to the designated Sections and other subdivisions of this Ordinance as originally adopted; and (iii) the words "herein ", "hereof', and "hereunder" and other words of similar import refer to this Ordinance as a whole and not to any particular Section or other subdivision. A. The term Authorized Officials shall mean the Mayor, City Manager, Assistant City Manager for General Government and Operations Support, and /or the City Secretary. B. The term Bond Fund shall mean the special Fund created and established by the provisions of Section 10 of this Ordinance. C. The term Bonds shall mean the $ "CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT BONDS, SERIES 2013" authorized by this Ordinance. D. The term Closing Date shall mean the date of physical delivery of the Initial Bonds in exchange for the payment in full by the Purchasers. 52738587.2 -17- E. The term City shall mean City of Corpus Christi, located in the Counties of Nueces, Aransas, Kleberg, and San Patricio, Texas and, where appropriate, the City Council of the City. F. The term Debt Service Requirements shall mean, as of any particular date of computation, with respect to any obligations and with respect to any period, the aggregate of the amounts to be paid or set aside by the City as of such date or in such period for the payment of the principal of, premium, if any, and interest (to the extent not capitalized) on such obligations; assuming, in the case of obligations without a fixed numerical rate, that such obligations bear interest at the maximum rate permitted by the terms thereof and further assuming in the case of obligations required to be redeemed or prepaid as to principal prior to Stated Maturity, the principal amounts thereof will be redeemed prior to Stated Maturity in accordance with the mandatory redemption provisions applicable thereto. G. The term Depository shall mean an official depository bank of the City. H. The term Government Securities, as used herein, shall mean (i) direct noncallable obligations of the United States, including obligations that are unconditionally guaranteed by, the United States of America; (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent; (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent, or (iv) any additional securities and obligations hereafter authorized by the laws of the State of Texas as eligible for use to accomplish the discharge of obligations such as the Bonds. I. The term Holder or Holders shall mean the registered owner, whose name appears in the Security Register, for any Bond. J. The term Interest Payment Date shall mean the date interest is payable on the Bonds, being March 1 and September 1 of each year, commencing March 1, 2014, while any of the Bonds remain Outstanding. K. The term Ordinance shall mean this ordinance adopted by the City Council of the City on June 11, 2013. L. The term Outstanding when used in this Ordinance with respect to Bonds shall mean, as of the date of determination, all Bonds issued and delivered under this Ordinance, except: (1) those Bonds canceled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; 52738587.2 - 18 - (2) those Bonds for which payment has been duly provided by the City in accordance with the provisions of Section 21 of this Ordinance; and (3) those Bonds that have been mutilated, destroyed, lost, or stolen and replacement Bonds have been registered and delivered in lieu thereof as provided in Section 17 of this Ordinance. M. The term Purchasers shall mean the initial purchasers of the Bonds named in Section 18 of this Ordinance. N. The term Stated Maturity shall mean the annual principal payments of the Bonds payable on March 1 of each year, as set forth in Section 2 of this Ordinance. SECTION 10: Bond Fund — Investments. For the purpose of paying the interest on and to provide a sinking fund for the payment, redemption and retirement of the Bonds, there shall be and is hereby created a special fund to be designated "GENERAL IMPROVEMENT BONDS, SERIES 2013 INTEREST AND SINKING FUND" (the Bond Fund), which fund shall be kept and maintained at the Depository, and money deposited in such fund shall be used for no other purpose and shall be maintained as provided in Section 19. Authorized Officials of the City are hereby authorized and directed to make withdrawals from the Bond Fund sufficient to pay the purchase price or the amount of principal of, premium, if any, and interest on the Bonds as the same become due and payable and shall cause to be transferred to the Paying Agent/Registrar from money on deposit in the Bond Fund an amount sufficient to pay the amount of principal and /or interest stated to mature on the Bonds, such transfer of funds to the Paying Agent/Registrar to be made in such manner as will cause immediately available funds to be deposited with the Paying Agent/Registrar on or before the business day next preceding each interest and principal payment date for the Bonds. Pending the transfer of funds to the Paying Agent/Registrar, money in any fund created and established pursuant to the provisions of this Ordinance, at the option of the City, may be placed in time deposits, certificates of deposit, guaranteed investment contracts, or similar contractual agreements, as permitted by the provisions of the Public Funds Investment Act, as amended, Chapter 2256, Texas Government Code, secured (to the extent not insured by the Federal Deposit Insurance Corporation) by obligations of the type hereinafter described, or be invested, as authorized by any law, including investments held in book -entry form, in securities including, but not limited to, direct obligations of the United States of America, obligations guaranteed or insured by the United States of America, which, in the opinion of the Attorney General of the United States, are backed by its full faith and credit or represent its general obligations, or invested in indirect obligations of the United States of America, including, but not limited to, evidences of indebtedness issued, insured or guaranteed by such governmental agencies as the Federal Land Banks, Federal Intermediate Credit Banks, Banks for Cooperatives, Federal Home Loan Banks, Government National Mortgage Association, Farmers Home Administration, Federal Home Loan Mortgage Association, Small Business Administration, or Federal Housing Association; provided that all such deposits and investments shall be made in such a manner that the money required to be expended from such fund will be available at the proper time or times. All interest and income derived from deposits and investments in such 52738587.2 _19- fund shall be credited to, and any losses debited to, such fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Bonds. SECTION 11: Tax Levy. To provide for the payment of the Debt Service Requirements on the Bonds being (i) the interest on the Bonds and (ii) a sinking fund for their redemption at Stated Maturity or a sinking fund of 2% (whichever amount shall be the greater), there shall be and there is hereby levied for the current year and each succeeding year thereafter while the Bonds or any interest thereon shall remain Outstanding, a sufficient tax, within the limitations prescribed by law, on each one hundred dollars' valuation of taxable property in the City, adequate to pay such Debt Service Requirements, full allowance being made for delinquencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment of the Debt Service Requirements, and the same shall not be diverted to any other purpose. The taxes so levied and collected shall be paid into the Bond Fund and are thereafter pledged to the payment of the Bonds. The City Council hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient to pay such Debt Service Requirements, it having been determined that the existing and available taxing authority of the City for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness and other obligations of the City. SECTION 12: Deposits to Bond Fund — Surplus Bond Proceeds. The City hereby covenants and agrees to cause to be deposited in the Bond Fund prior to a principal and interest payment date for the Bonds, from the annual levy of an ad valorem tax or from other lawfully available funds, amounts sufficient to fully pay and discharge promptly each installment of interest and principal of the Bonds as the same accrues or matures or comes due by reason of Stated Maturity. Accrued interest received from the Purchasers shall be deposited to the Bond Fund. In addition, any surplus proceeds from the sale of the Bonds, including investment income thereon, not expended for authorized purposes shall be deposited in the Bond Fund, and such amounts so deposited shall reduce the sums otherwise required to be deposited in said Fund from ad valorem taxes. SECTION 13: Security of Funds. All money on deposit in the Funds for which this Ordinance makes provision (except any portion thereof as may be at any time properly invested as provided herein) shall be secured in the manner and to the fullest extent required by the laws of the State of Texas for the security of public funds, and money on deposit in such Funds shall be used only for the purposes permitted by this Ordinance. SECTION 14: Remedies in Event of Default. In addition to all the rights and remedies provided by the laws of the State of Texas, the City covenants and agrees particularly that in the event the City (a) defaults in the payments to be made to the Bond Fund or (b) defaults in the observance or performance of any other of the covenants, conditions, or obligations set forth in this Ordinance, the Holders of any of the Bonds shall be entitled to seek a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the governing body of the City and other officers of the City to observe and perform any covenant, condition, or obligation prescribed in this Ordinance. 52738587.2 -20- No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. The specific remedies herein provided shall be cumulative of all other existing remedies and the specification of such remedies shall not be deemed to be exclusive. SECTION 15: Notices to Holders — Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States mail, first -class postage prepaid, to the address of each Holder as it appears in the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Holders. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 16: Cancellation. All Bonds surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly canceled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already canceled, shall be promptly canceled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Bonds previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly canceled by the Paying Agent/Registrar. All canceled Bonds held by the Paying Agent/Registrar shall be destroyed as directed by the City. SECTION 17: Mutilated, Destroyed, Lost, and Stolen Bonds. If (1) any mutilated Bond is surrendered to the Paying Agent/Registrar, or the City and the Paying Agent/Registrar receive evidence to their satisfaction of the destruction, loss, or theft of any Bond, and (2) there is delivered to the City and the Paying Agent/Registrar such security or indemnity as may be required to save each of them harmless, then, in the absence of notice to the City or the Paying Agent/Registrar that such Bond has been acquired by a bona fide purchaser, the City shall execute and, upon its request, the Paying Agent/Registrar shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Bond, a new Bond of the same Stated Maturity and interest rate and of like tenor and principal amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost, or stolen Bond has become or is about to become due and payable, the City in its discretion may, instead of issuing a new Bond, pay such Bond. 52738587.2 -21- Upon the issuance of any new Bond or payment in lieu thereof, under this Section, the City may require payment by the Holder of a sum sufficient to cover any tax or other governmental charge imposed in relation thereto and any other expenses and charges (including attorney's fees and the fees and expenses of the Paying Agent/Registrar) connected therewith. Every new Bond issued pursuant to this Section in lieu of any mutilated, destroyed, lost, or stolen Bond shall constitute a replacement of the prior obligation of the City, whether or not the mutilated, destroyed, lost, or stolen Bond shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Bonds. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost, or stolen Bonds. SECTION 18: Sale of Bonds — Official Statement Approval — Approval of Purchase Contract. The Bonds authorized by this Ordinance are hereby sold by the City to , as the authorized representative of a group of underwriters (the Purchasers, and having all the rights, benefits, and obligations of a Holder) in accordance with the provisions of a Purchase Contract dated , 2013 (the Purchase Contract) attached hereto as Exhibit B and incorporated herein by reference as a part of this Ordinance for all purposes. The Initial Bond shall be registered in the name of . The pricing and terms of the sale of the Bonds are hereby found and determined to be the most advantageous reasonably obtainable by the City. Each Authorized Representative is hereby authorized and directed to execute the Purchase Contract for and on behalf of the City and as the act and deed of the City Council, and in regard to the approval and execution of the Purchase Contract, the City Council hereby finds, determines and declares that the representations, warranties, and agreements of the City contained in the Purchase Contract are true and correct in all material respects and shall be honored and performed by the City. Delivery of the Bonds to the Purchasers shall occur as soon as practicable after the adoption of this Ordinance, upon payment therefor in accordance with the terms of the Purchase Contract. Furthermore, the City hereby ratifies, confirms, and approves in all respects (i) the City's prior determination that the Preliminary Official Statement was, as of its date, "deemed final" in accordance with the Rule (hereinafter defined) and (ii) the use and distribution of the Preliminary Official Statement by the Purchasers in connection with the public offering and sale of the Bonds is hereby ratified, confirmed, and approved in all respects. The final Official Statement, being a modification and amendment of the Preliminary Official Statement to reflect the terms of sale (together with such changes approved by an Authorized Representative), shall be and is hereby in all respects approved and the Purchasers are hereby authorized to use and distribute the final Official Statement, dated , 2013, in the reoffering, sale and delivery of the Bonds to the public. The Mayor and /or City Secretary are further authorized and directed to manually execute and deliver for and on behalf of the City copies of the Official Statement in final form as may be required by the Purchasers, and such final Official Statement in the form and content manually executed by said officials shall be deemed to be approved by the City Council and constitute the Official Statement authorized for distribution and use by the Purchasers. The proper officials of the City are hereby authorized to execute and deliver a 52738587.2 -22- certificate pertaining to such Official Statement as prescribed therein, dated as of the date of payment for and delivery of the Bonds. Proceeds from the sale of the Bonds shall be applied as follows: (1) Accrued interest on the Bonds (in the amount of $ ), received from the Purchasers, shall be deposited into the Bond Fund. The City received a [net] premium from the sale of the Bonds of $ which is hereby allocated by the City in the following manner: (1) $ to pay the Purchasers' compensation, (2) $ to pay the costs of issuance, (3) $ is allocated toward the City's voted authority, and (4) $ shall be deposited into the Bond Fund as the contingency amount. (2) The balance of the proceeds (including a portion of the premium in the amount of $ and principal in the amount of $ , totaling $ ) derived from the sale of the Bonds (after paying costs of issuance) shall be deposited into the special construction account or accounts created for the projects to be constructed with the proceeds of the Bonds. This special construction account shall be established and maintained at the Depository and shall be invested in accordance with the provisions of Section 10 of this Ordinance. Interest earned on the proceeds of the Bonds pending completion of construction of the projects financed with such proceeds shall be accounted for, maintained, deposited, and expended as permitted by the provisions of Chapter 1201, as amended, Texas Government Code, or as required by any other applicable law. Thereafter, such amounts shall be expended in accordance with Section 12 of this Ordinance. SECTION 19: Covenants to Maintain Tax- Exembt Status. A. Definitions. When used in this Section, the following terms have the following meanings: Closing Date shall mean the date of physical delivery of the Initial Bonds in exchange for the payment in full by the Purchasers. Code means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. Computation Date has the meaning set forth in Section 1.148 -1(b) of the Regulations. Gross Proceeds means any proceeds as defined in Section 1.148 -1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148 -1(c) of the Regulations, of the Bonds. Investment has the meaning set forth in Section 1.148 -1(b) of the Regulations. 52738587.2 -23- Nonpurpose Investment means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Bonds are invested and which is not acquired to carry out the governmental purposes of the Bonds. Rebate Amount has the meaning set forth in Section 1.148 -1(b) of the Regulations. Regulations means any proposed, temporary, or final Income Tax Regulations issued pursuant to sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Bonds. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. Yield of (1) any Investment has the meaning set forth in Section 1.148 -5 of the Regulations; and (2) the Bonds has the meaning set forth in Section 1.148 -4 of the Regulations. B. Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Bond to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Bond, the City shall comply with each of the specific covenants in this Section. C. No Private Use or Private Payments. Except to the extent that it will not cause the Bonds to become "private activity bonds" within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Bonds: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds of the Bonds, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Bonds or any property the acquisition, construction or improvement of which is to be financed or refinanced 52738587.2 -24- directly or indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. D. No Private Loan. Except to the extent that it will not cause the Bonds to become "private activity bonds" within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Bonds to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take -or -pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. E. Not to Invest at Higher Yield. Except to the extent that it will not cause the Bonds to become "arbitrage bonds" within the meaning of section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Bonds directly or indirectly invest Gross Proceeds in any Investment, if as a result of such investment the Yield of any Investment acquired with Gross Proceeds, whether then held or previously disposed of, materially exceeds the Yield of the Bonds. F. Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Bonds to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. G. Information Report. The City shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038 -G or such other form and in such place as the Secretary may prescribe. H. Rebate of Arbitrage Profits. Except to the extent otherwise provided in section 148(f) of the Code and the Regulations and rulings thereunder: (1) The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Bond is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Bonds with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and 52738587.2 -25- the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Bonds until six years after the final Computation Date. (3) As additional consideration for the purchase of the Bonds by the Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall pay to the United States out of the Bond Fund or its general fund, as permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the amount that when added to the future value of previous rebate payments made for the Bonds equals (i) in the case of a Final Computation Date as defined in Section 1.148- 3(e)(2) of the Regulations, one hundred percent (100 %) of the Rebate Amount on such date; and (ii) in the case of any other Computation Date, ninety percent (90 %) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038 -T or such other forms and information as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder. (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.148 -3(h) of the Regulations. I. Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Bonds, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection H of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Yield of the Bonds not been relevant to either party. J. Bonds Not Hedge Bonds. (1) The City reasonably expects to spend at least 85% of the spendable proceeds of the Bonds within three years after such Bonds are issued. (2) Not more than 50% of the proceeds of the Bonds will be invested in Nonpurpose Investments having a substantially guaranteed Yield for a period of 4 years or more. K. Elections. The City hereby directs and authorizes any Authorized Official, either or any combination of the foregoing, to make such elections in the Certificate as to Tax Exemption or similar or other appropriate certificate, form, or document permitted or required 52738587.2 -26- pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Bonds. Such elections shall be deemed to be made on the Closing Date. SECTION 20: Control and Custody of Bonds. The Mayor shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas and shall take and have charge and control of the Bonds pending their approval by the Attorney General of the State of Texas, the registration thereof by the Comptroller of Public Accounts of the State of Texas and the delivery of the Bonds to the Purchasers. Furthermore, any Authorized Official, either or all, are hereby authorized and directed to furnish and execute such documents relating to the City and its financial affairs as may be necessary for the issuance of the Bonds, the approval of the Attorney General of the State of Texas and their registration by the Comptroller of Public Accounts of the State of Texas and, together with the City's financial advisors, Bond Counsel, and the Paying Agent/Registrar, make the necessary arrangements for the delivery of the Initial Bonds to the Purchasers, the initial exchange thereof for definitive Bonds. SECTION 21: Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Bonds, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. Bonds, or any principal amount(s) thereof, shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Bonds or the principal amount(s) thereof at Stated Maturity or the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have, in the case of a net defeasance, been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any money deposited therewith, if any, to pay when due the principal of and interest on such Bonds, or the principal amount(s) thereof, on and prior to the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/Registrar have been made) the redemption date thereof for the Bonds. In the event of a gross defeasance of the Bonds, the City shall deliver a certificate from its financial advisor, the Paying Agent/Registrar, or another qualified third party concerning the deposit of cash and /or Government Securities to pay, when due, the principal of, redemption premium (if any), and interest due on any defeased Bonds. The City covenants that no deposit of money or Government Securities will be made under this Section and no use made of any such deposit which would cause the Bonds to be treated as arbitrage bonds within the meaning of section 148 of the Code (as defined in Section 19 hereof). Any money so deposited with the Paying Agent/Registrar, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow 52738587.2 -27- agent, pursuant to this Section which is not required for the payment of the Bonds, or any principal amount(s) thereof, or interest thereon with respect to which such money has been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Bonds and remaining unclaimed for a period of three (3) years after the Stated Maturity or applicable redemption date of the Bonds such money was deposited and is held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor, subject to the unclaimed property laws of the State of Texas. Notwithstanding any other provision of this Ordinance to the contrary, it is hereby provided that any determination not to redeem defeased Bonds that is made in conjunction with the payment arrangements specified in subsection (i) or (ii) above shall not be irrevocable, provided that: (1) in the proceedings providing for such defeasance, the City expressly reserves the right to call the defeased Bonds for redemption; (2) gives notice of the reservation of that right to the owners of the defeased Bonds immediately following the defeasance; (3) directs that notice of the reservation be included in any redemption notices that it authorizes; and (4) at the time of the redemption, satisfies the conditions of (i) or (ii) above with respect to such defeased debt as though it was being defeased at the time of the exercise of the option to redeem the defeased Bonds, after taking the redemption into account in determining the sufficiency of the provisions made for the payment of the defeased Bonds. SECTION 22: Printed Opinion. The Purchasers' obligation to accept delivery of the Bonds is subject to its being furnished a final opinion of Fulbright & Jaworski LLP, as Bond Counsel, approving certain legal matters as to the Bonds, said opinion to be dated and delivered as of the date of initial delivery and payment for such Bonds. Printing of a true and correct copy of said opinion on the reverse side of each of the Bonds, with appropriate certificate pertaining thereto executed by facsimile signature of the City Secretary of the City is hereby approved and authorized. SECTION 23: CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Bonds. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Bonds shall be of no significance or effect as regards the legality thereof, and neither the City nor attorneys approving said Bonds as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Bonds. SECTION 24: Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 25: Ordinance a Contract — Amendments — Outstanding Bonds. The City acknowledges that the covenants and obligations of the City herein contained are a material inducement to the purchase of the Bonds. This Ordinance shall constitute a contract with the Holders from time to time, shall be binding on the City and its successors and assigns, and shall not be amended or repealed by the City so long as any Bond remains Outstanding except as permitted in this Section. The City may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the written consent of Holders holding a 52738587.2 -28- majority in aggregate principal amount of the Bonds then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided; however, that, without the consent of all Holders of Outstanding Bonds, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of and interest on the Bonds, reduce the principal amount thereof, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, the redemption price therefor, or interest on the Bonds, (2) give any preference to any Bond over any other Bond, or (3) reduce the aggregate principal amount of Bonds required for consent to any such amendment, addition, or rescission. SECTION 26: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, Bond Counsel, Paying Agent/Registrar, and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the City, Bond Counsel, the Paying Agent/Registrar, and the Holders. SECTION 27: Inconsistent Provisions. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters ordained herein. SECTION 28: Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 29: Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 30: Severability. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 31: Incorporation of Preamble Recitals. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council. SECTION 32: Authorization of Paying Agent/Registrar Agreement. The City Council of the City hereby finds and determines that it is in the best interest of the City to authorize the execution of a Paying Agent/Registrar Agreement concerning the payment, exchange, and transferability of the Bonds. A copy of the Paying Agent/Registrar Agreement is attached hereto, in substantially final form, as Exhibit A and is incorporated by reference to the provisions of this Ordinance. 52738587.2 -29- SECTION 33: Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is finally adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 34: Unavailability of Authorized Publication. If, because of the temporary or permanent suspension of any newspaper, journal, or other publication, or, for any reason, publication of notice cannot be made meeting any requirements herein established, any notice required to be published by the provisions of this Ordinance shall be given in such other manner and at such time or times as in the judgment of the City or of the Paying Agent/Registrar shall most effectively approximate such required publication and the giving of such notice in such manner shall for all purposes of this Ordinance be deemed to be in compliance with the requirements for publication thereof. SECTION 35: No Recourse Against City Officials. No recourse shall be had for the payment of principal of, premium, if any, or interest on any Bond or for any claim based thereon or on this Ordinance against any official of the City or any person executing any Bond. SECTION 36: Continuing Disclosure of Information. A. Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: EAIDJA means the MSRB's Electronic Municipal Market Access system, accessible by the general public, without charge, on the internet through the uniform resource locator (URL) http://www.emma.msrb.org. MSRB means the Municipal Securities Rulemaking Board. Rule means SEC Rule 15c2 -12, as amended from time to time. SEC means the United States Securities and Exchange Commission. B. Annual Reports. The City shall file annually with the MSRB, (1) within six months after the end of each fiscal year of the City ending in or after 2012, financial information and operating data with respect to the City of the general type included in the final Official Statement authorized by Section 20 of this Ordinance, being the information described in Exhibit D hereto, and (2) if not provided as part such financial information and operating data, audited financial statements of the City, when and if available. Any financial statements to be provided shall be (i) prepared in accordance with the accounting principles described in Exhibit D hereto, or such other accounting principles as the City may be required to employ from time to time pursuant to state law or regulation, and (ii) audited, if the City commissions an audit of such statements and the audit is completed within the period during which they must be provided. If the audit of such 52738587.2 -30- financial statements is not complete within such period, then the City shall file unaudited financial statements within such period and audited for the applicable fiscal year to the MSRB, when and if the audit report on such financial statements becomes available. Under current Texas law, including, but not limited to, Chapter 103, as amended, Texas Local Government Code, the City must have its records and accounts audited annually and shall have an annual financial statement prepared based on the audit. The annual financial statement, including the auditor's opinion on the statement, shall be filed in the office of the City Secretary within 180 days after the last day of the City's fiscal year. Additionally, upon the filing of this financial statement and the annual audit, these documents are subject to the Texas Open Records Act, as amended, Texas Government Code, Chapter 552. If the City changes its fiscal year, it will file notice thereof with the MSRB of the change (and of the date of the new fiscal year end) prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. C. Notice of Certain Events. The City shall file notice of any of the following events with respect to the Bonds to the MSRB in a timely manner and not more than 10 business days after occurrence of the event: (1) Principal and interest payment delinquencies; (2) Non - payment related defaults, if material; (3) Unscheduled draws on debt service reserves reflecting financial difficulties; (4) Unscheduled draws on credit enhancements reflecting financial difficulties; (5) Substitution of credit or liquidity providers, or their failure to perform; (6) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701 -TEB), or other material notices or determinations with respect to the tax exempt status of the Bonds, or other material events affecting the tax status of the Bonds; (7) Modifications to rights of holders of the Bonds, if material; (8) Bond calls, if material, and tender offers; (9) Defeasances; (10) Release, substitution, or sale of property securing repayment of the Bonds, if material; (11) Rating changes; 52738587.2 -31 - (12) Bankruptcy, insolvency, receivership, or similar event of the City, which shall occur as described below; (13) The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of its assets, other than in the ordinary course of business, the entry into of a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (14) Appointment of a successor or additional paying agent/registrar or the change of name of a paying agent/registrar, if material. For these purposes, any event described in the immediately preceding paragraph (12) is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for the City in a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing Governing Body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City. The City shall file notice with the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with this Section by the time required by this Section. D. Limitations, Disclaimers, and Amendments. The City shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the City remains an "obligated person" with respect to the Bonds within the meaning of the Rule, except that the City in any event will give notice of any deposit that causes the Bonds to be no longer Outstanding. The provisions of this Section are for the sole benefit of the holders and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR 52738587.2 -32- TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITH OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the City in observing or performing their obligations under this Section shall constitute a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. The provisions of this Section may be amended by the City from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a) the holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the Outstanding Bonds consent to such amendment or (b) a person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the holders and beneficial owners of the Bonds. The City may also repeal or amend the provisions of this Section if the SEC amends or repeals the applicable provisions of the Rule or any court of final jurisdiction enters judgment that such provisions of the Rule are invalid, and the City also may amend the provisions of this Section in its discretion in any other manner or circumstance, but in either case only if and to the extent that the provisions of this sentence would not have prevented an underwriter from lawfully purchasing or selling Bonds in the primary offering of the Bonds, giving effect to (a) such provisions as so amended and (b) any amendments or interpretations of the Rule. If the City so amends the provisions of this Section, the City shall include with any amended financial information or operating data next provided in accordance with this Section an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. E. Information Format — Incorporation by Reference. The City information required under this Section shall be filed with the MSRB through EMMA in such format and accompanied by such identifying information as may be specified from time to time thereby. Under the current rules of the MSRB, continuing disclosure documents submitted to EMMA must be in word - searchable portable document format (PDF) files that permit the document to be saved, viewed, printed, and retransmitted by electronic means and the series of obligations to which such continuing disclosure documents relate must be identified by CUSIP number or numbers. 52738587.2 -33 - Financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document) available to the public through EMMA or filed with the SEC. SECTION 37: Book -Entry Only System. It is intended that the Bonds will be registered so as to participate in a securities depository system (the DTC System) with the Depository Trust Company, New York, New York, or any successor entity thereto (DTC), as set forth herein. Each Stated Maturity of the Bonds shall be issued (following cancellation of the Initial Bonds described in Section 7) in the form of a separate single definitive Bond. Upon issuance, the ownership of each such Bond shall be registered in the name of Cede & Co., as the nominee of DTC, and all of the Outstanding Bonds shall be registered in the name of Cede & Co., as the nominee of DTC. The City and the Paying Agent/Registrar are authorized to execute, deliver, and take the actions set forth in such letters to or agreements with DTC as shall be necessary to effectuate the DTC System, including the Letter of Representations attached hereto as Exhibit D (the Representation Letter). With respect to the Bonds registered in the name of Cede & Co., as nominee of DTC, the City and the Paying Agent/Registrar shall have no responsibility or obligation to any broker - dealer, bank, or other financial institution for which DTC holds the Bonds from time to time as securities depository (a Depository Participant) or to any person on behalf of whom such a Depository Participant holds an interest in the Bonds (an Indirect Participant). Without limiting the immediately preceding sentence, the City and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co., or any Depository Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Depository Participant or any other person, other than a registered owner of the Bonds, as shown on the Security Register, of any notice with respect to the Bonds, including any notice of redemption, or (iii) the delivery to any Depository Participant or any Indirect Participant or any other Person, other than a Holder of a Bond, of any amount with respect to principal of, premium, if any, or interest on the Bonds. While in the DTC System, no person other than Cede & Co., or any successor thereto, as nominee for DTC, shall receive a bond certificate evidencing the obligation of the City to make payments of principal, premium, if any, and interest pursuant to this Ordinance. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Ordinance with respect to interest checks or drafts being mailed to the Holder, the word "Cede & Co." in this Ordinance shall refer to such new nominee of DTC. In the event that (a) the City determines that DTC is incapable of discharging its responsibilities described herein and in the Representation Letter, (b) the Representation Letter shall be terminated for any reason, or (c) DTC or the City determines that it is in the best interest of the beneficial owners of the Bonds that they be able to obtain certificated Bonds, the City shall notify the Paying Agent/Registrar, DTC, and the Depository Participants of the availability within a reasonable period of time through DTC of bond certificates, and the Bonds shall no longer be restricted to being registered in the name of Cede & Co., as nominee of DTC. At that time, the City may determine that the Bonds shall be registered in the name of and deposited 52738587.2 -34- with a successor depository operating a securities depository system, as may be acceptable to the City, or such depository's agent or designee, and if the City and the Paying Agent/Registrar do not select such alternate securities depository system then the Bonds may be registered in whatever name or names the Holders of Bonds transferring or exchanging the Bonds shall designate, in accordance with the provisions hereof. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, in the manner provided in the Representation Letter. SECTION 38: Further Procedures. The officers and employees of the City are hereby authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and under the corporate seal and on behalf of the City all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance, the initial sale and delivery of the Bonds, the Paying Agent/Registrar Agreement, the Purchase Contract, and the Official Statement. In addition, prior to the initial delivery of the Bonds, any Authorized Official and Bond Counsel are hereby authorized and directed to approve any technical changes or corrections to this Ordinance or to any of the instruments authorized and approved by this Ordinance necessary in order to (i) correct any ambiguity or mistake or properly or more completely document the transactions contemplated and approved by this Ordinance and as described in the Official Statement, (ii) obtain a rating from any of the national bond rating agencies, or (iii) obtain the approval of the Bonds by the Texas Attorney General's office. In case any officer of the City whose signature shall appear on any certificate shall cease to be such officer before the delivery of such certificate, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. SECTION 39: Effective Date. Pursuant to the provisions of Section 1201.028, as amended, Texas Government Code, this Ordinance shall be effective immediately upon adoption, notwithstanding any provision in the City's Home Rule Charter to the contrary concerning a multiple reading requirement for the adoption of ordinances. [The remainder of this page intentionally left blank] 52738587.2 -35 - PASSED, APPROVED AND ADOPTED on the 11th day of June, 2013. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) APPROVED THIS 11th DAY OF JUNE, 2013: Carlos Valdez, City Attorney Schedule I — Approval Certificate Exhibit A — Paying Agent/Registrar Agreement Exhibit B — Purchase Contract Exhibit C - Description of Annual Financial Information Exhibit D — DTC Letter of Representations 52738587.2 S -1 THE STATE OF TEXAS )( COUNTY OF N UECES )( I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 11th day of June, 2013, authorizing the issuance of the City's General Improvement Bonds, Series 2013, which ordinance is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the 11th day of June, 2013. City Secretary (CITY SEAL) 52738587.2 S -2 SCHEDULEI APPROVAL CERTIFICATE SEE TAB NO. 52738587.2 Schedule 1 -1 EXHIBIT A PAYING AGENT/REGISTRAR AGREEMENT SEE TAB NO. 52738587.2 A -1 EXHIBIT B PURCHASE CONTRACT SEE TAB NO. 52738587.2 B -1 EXHIBIT C DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 36 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section for each Year ending in and after 2011 are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below: All quantitative financial information and operating data with respect to the City of the general type included in Appendix A to the Official Statement under the headings "DEBT PAYABLE FROM TAXES ", "GENERAL REVENUES ", "GENERAL EXPENSES ", "AD VALOREM TAXES ", and "THE TAX INCREMENT FINANCING ACT ", and in Appendix C. Accounting Principles The accounting principles referred to in such Section are the accounting principles described in the notes to the financial statements referred to above. 52738587.2 C -1 EXHIBIT D DTC LETTER OF REPRESENTATIONS SEE TAB NO. 52738587.2 D -1 E.N111111M. AGENDA MEMORANDUM Future Item for the City Council Meeting of May 28, 2013 Action Item for the City Council Meeting of June 11, 2013 DATE: May 28, 2013 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP @cctexas.com (361) 826 -3227 Amendment to Financial Policies CAPTION: Resolution amending Financial Policies adopted by Resolution 029826 and providing financial policy direction on preparation of the annual budgets. PURPOSE: Section 4.5 "Enterprise Funds" is being recommended for amendment to clarify the calculation of the operating reserve for the enterprise funds to exclude annual debt service payments which have either a separate reserve account or a surety policy (an "insurance policy" used to guarantee bond payments in the event the City could not make its bond payments). BACKGROUND AND FINDINGS: The financial policies were amended in May 2012 to add a section (Section 4) on "Committed Fund Balances ". This section delineated the City's goal to build and maintain an operating reserve specific to each fund type: internal service funds, enterprise funds, and the debt service fund. The fiscal year ended July 31, 2012 was the first year that these operating reserves were calculated, and in the course of calculating the operating reserve for the utility funds, it was determined that the annual debt service appropriation should be excluded from the computation since either a separate debt service reserve is maintained for utility revenue bonds, or a surety policy is in place to guarantee payment to the bondholders in the event that the City could not make its debt payment. By excluding the debt payment from the computation, a smaller operating reserve is required; thus allowing more fund balance to be used for other purposes, such as cash - funding capital projects (rather than issuing bonds). This agenda item adds the phrase "exclusive of debt service" to Section 4.5 to give the City more flexibility in its management of the utility funds. ALTERNATIVES: An alternative would be to leave the Financial Policies as they currently are written to include debt service payments in the calculation of the operating reserve for the utility funds. A higher operating reserve would result, and less fund balance could be used to cash fund capital fund projects and lower expenditures. OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY /NON- EMERGENCY: n/a DEPARTMENTAL CLEARANCES: • Office of Management and Budget • Financial Services • Legal 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 amendment as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Redline Resolution RESOLUTION AMENDING FINANCIAL POLICIES ADOPTED BY RESOLUTION 01 029826 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 eneral 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; aF�4 amended the policy in May 2012 by Resolution 029521; and amended the policy in May 2013 by Resolution 029826. 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 QQQ1- 029826 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 debt service and 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 eneral 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 C: 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 029826 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 eneral 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; amended the policy in May 2012 by Resolution 029521; and amended the policy in May 2013 by Resolution 029826. 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 029826 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 debt service and 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 eneral 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 C: 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 SC c° 0 AGENDA MEMORANDUM 1164 pRa, m Future Item for the City Council Meeting of May 28, 2013 Action Item for the City Council Meeting of June 11, 2013 DATE: May 28, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mike cctexas.com (361) 826 -3169 Lease of Copiers CAPTION: Motion approving a Lease Agreement with Dahill Office Technology Corporation, San Antonio, Texas for eighty -four (84) copiers in accordance with Request For Proposal No. BI- 0121 -13 based on lowest responsible proposal for an estimated three -year expenditure of $737,306.64. The term of the lease agreement shall be for thirty -six (36) months with an option to extend for up to two (2) additional twelve -month periods subject to the approval of the Contractor and the City Manager or designee. Funding will be requested for future fiscal years in the normal budget process. PURPOSE: The copiers will be used to support business operations throughout the City. BACKGROUND AND FINDINGS: When comparing like items, the cost of this new lease agreement will be thirty -three percent (33 %) less than the current contract. Copiers will be leased for the following locations: City Hall, Development Services, Municipal Court, Police Department, Fire Department, Animal Shelter, Parks & Recreation, Gas Department, Storm Water Department, Water Department, Health Department, General Services, Solid Waste Operations, Waste Water Department, Engineering Annex, and Museum. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The lease will take effect on or about August 1, 2013. As such, no funds from this fiscal year are required to support this contract. 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: Financial Services. FINANCIAL IMPACT: x Operating Revenue Capital of applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,752,723.34 $737,306.64 $2,490,029.98 Encumbered / Expended Amount $1,403,948.28 $0 $1,403,948.28 This item 1 $0.001 $737,306.64 1 $737,306.64 BALANCE 1 $348,775.06 1 1 $348,775.06 Fund(s): General Fund, Stores Fund, Gas Fund, Water Fund, Storm Water Fund, Waste Water Fund, Development Services Fund, Engineering Services Fund, Maintenance Services Fund, Police Grants, Nueces County Health District, & Crime Control Fund. Comments: No expenditures will need to be encumbered through the end of this fiscal year. The remaining $737,306.64 for the thirty -six (36) months of the contract will be requested for future fiscal years during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Lease Agreement e 7 % % \ \ z LU (x� ( LLI k \ e / LO - g/ / 9 \ j � � \ e � g � 9 ) 0 §§ / \ / xx \ / % \LLI - - \ o \ k § J q LLI \(�\/ 0 \ 3ƒ3 � o G G e 7 7 0 / 'IT f zE IL x / \ � LU e e G LLI \ \ E C: § \ j2 =CL j a w $\ G G e $ 7 7 0 � m r r §/ % \ \ r 0 0 ] (jam \ \ / CO c §ems § § Qco ]) / §/ Q + 3 w _c � /$$ G G ��0 w2° e �� \ 'IT a =mom 6 2 ® 0 0 z @ \ X22 . /E / 3 Q i \ (L -j ƒ(§ �$�r� \ § 0o T =k < §� � (u § k k 2 R R z ƒ\ z § §k o�0 § 0 o Cl) / / /ƒE w2� § ® 0Ek Ste§ \ _ \< �f� CL 0 � LEASE AGREEMENT No. THIS LEASE OF COPIERS (this "Agreement ") is entered into by and between Dahill Office Technology Corporation dba Dahill (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 ( "City Manager "). WHEREAS Contractor has proposed to provide LEASE OF COPIERS in response to Request for Proposal No. BI- 0121 -13, which is incorporated herein by reference; WHEREAS the City has determined Contractor to be the lowest responsible Proposer; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide the LEASE OF COPIERS in accordance with Request for Proposal No. BI- 0121 -13, which is incorporated herein by reference. 2. Term, This Agreement is for three years, commencing on the date signed by the last signatory hereto. The term includes an option to extend for up to two additional twelve -month periods subject to the approval of the Contractor and the City Manager or designee ( "City Manager "). 3. 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 Procurement Manager. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant, or employee of Contractor be considered as an employee of the City. 5. 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 Risk Manager 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 15 days of the City Manager's written request. Insurance requirements are incorporated herein in Request for Proposal No. BI- 0121 -13 which is incorporated herein as Exhibit A, and may be revised annually by the City Manager upon 30 days' written notice to Contractor. b. 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 on any ground whatsoever. 17 54 7. 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 will be actually adopted, that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement or Contractor's offer to Request for Proposal No. BI- 0121 -13 waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all Federal laws and laws of the State of Texas. 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 Texas and the venue for such disputes is the appropriate district, county, or justice court in and for Nueees County, Texas. 10. 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 Contract Administrator. 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 to perform the services specified in Request for Proposal No. BI- 0121 -13. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give Contractor 5 work -days 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' written notice to Contractor. However, City may terminate this Agreement on twenty -four (24) hours' written notice to Contractor for failure to pay or provide proof of payment of taxes as set out herein. 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 30 days after City Manager's written request therefor. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. 15. Drug Policy. Contractor must adopt a Drug Free Workplace policy. 16. Violence Policy. Contractor must adopt a Violence in the Workplace policy. 18 55 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, if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Procurement Manager P.Q. Box 9277 Corpus Christi, Texas 78469 -9277 IF TO CONTRACTOR: Contractor Dahill Office Technology Corporation Contact William E. Stall Address: 655 Richland Hills Ste 125 City, State, San. Antonio, TX 78245- 18. Month -to -Month Extension. If the City has not completed the procurement process and awarded a new Agreement upon expiration of the original contract period or any extension period, the Contractor shall continue to provide goods /services under this Agreement, at the most current price under the terms of this Agreement or extension, on a month -to -month basis, not to exceed six months. This Agreement automatically expires on the effective date of a new contract. 18. 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. 19. Indemnification. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (" INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE 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 THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO 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 CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. 19 56 SIGNED this 29th day of March -,20 13 CITY OF CORPUS CHRISTI Michael Barrera Date Assistant Director of Financial Services Incorporated by Reference: Exhibit A: Request for Proposal No. BI- 0121 -13 Exhibit B: Proposer's proposal Contractor: Dahill Office Technology Corporation Si , atuFe ` ;, ame: Priscilla Lopez Title: Vice - President, Finance and Administration 20 57 DATE: May 28, 2013 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 28, 2013 Action Item for the City Council Meeting of June 11, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb@cctexas.com 361 - 826 -3169 Yasmine Chapman, Director of Human Resources vasminec@—cctexas.com 361 - 826 -3878 Drug & Alcohol Testing and Occupational Medical Services CAPTION Motion approving a service agreement with Nueces Emergency Services d.b.a. The Doctor's Center of Corpus Christi, Texas for drug and alcohol testing and occupational medical services, based on only proposal received, in accordance with Request for Proposal Number BI- 0048 -13, for an estimated annual expenditure of $121,484.10, of which $20,247.35 is budgeted for the remainder of FY 12113. The term of the service agreement will be for one -year with four automatic one -year extension periods. PURPOSE: Drug testing services will be utilized to fulfill requirements for drug and alcohol testing of City employees in compliance with established City alcohol and drug testing policies. Occupational medical services includes post offer medical examinations, annual occupational examinations, medical treatment for work related injuries and return to duty medical examinations. BACKGROUND AND FINDINGS: Drug testing is spread across the following categories: pre - employment, return -to -duty, random, reasonable suspicion, post- accident, pre- assignment and post- firearm discharge Occupational injury- related medical treatment is provided under the terms of this agreement as an option to employees who may choose their own medical provider or the Doctor's Center for treatment. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This award conforms to all State statutes and City Policy governing procurement. EMERGENCY 1 NON- EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Human Resources 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 $150,000.00 $101,236.75 $251,236.75 Encumbered 1 Expended Amount 103,482.90 0 103,482.90 This item 20,247.35 101,236.75 121,484.10 BALANCE $26,269.75 0 $26,269.75 Fund(s): Liability & Employee Benefits Fund Comments: The $20,247.35 financial impact shown above represents two (2) months of payments that will be encumbered through the end of this fiscal year. The remaining $101,236.75 for the last ten (10) months of the service agreement will be requested for future fiscal years during the normal budget process. RECOMMENDATION: Staff recommends award of the contract as presented. LIST OF SUPPORTING DOCUMENTS: Summary Matrix Service Agreement City of Corpus Christi Purchasing Division Senior Buyer: Elisa Covington Request for Proposal No.: BI- 0048 -13 Council Date: May 28, 2013 Drug & Alcohol Testing and Occupational Medical Services Summary Matrix Maximum Score Nueces Emergency Services d.b.a. The Doctor's Center, Corpus Christi, Texas Technical Requirements 30 25.80 Proposer's Profile & Qualifications 20 20.00 Pricing 45 45.00 Exceptions 5 5.00 Total Score 1 100 95.80 Cost $121,484.10 SERVICE AGREEMENT OCCUPATIONAL MEDICAL SERVICES Service Agreement No. THIS OCCUPATIONAL MEDICAL SERVICES Agreement (this "Agreement ") is entered into by and between Nueces Emergency Services d.b.a. The Doctor's Center (the "Contractor ") and the City of Corpus Christi, a Texas home -rule municipal corporation (the "City "), by and through its duly authorized City Manager or designee ( "City Manager'), effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide OCCUPATIONAL MEDICAL SERVICES in response to RFP No. BI- 0048 -13 which is incorporated and attached as Exhibit A; 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 OCCUPATIONAL MEDICAL SERVICES in accordance with RFP No. BI- 0048 -13. 2. Term. This Agreement is for one (1) year commencing on the date signed by the last signatory hereto and continuing for one -year thereafter. The term includes four one -year automatic extension periods subject to the approval of the Contractor and the City Manager. 3. 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 the Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the DIRECTOR OF HUMAN RESOURCES. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. 5. Insurance. Before activities can begin under this Agreement, the Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages and the performance bond to the Contract Administrator. Additionally, the Certificate must state that the DIRECTOR OF HUMAN RESOURCES will be given at least thirty (30) days' notice, by certified mail, of cancellation, material change in the coverages or intent not to renew any of the policies. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. 6. Assignment. No assignment of this Agreement or any right or interest therein by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the 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 on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on July 31S), is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement, or RFP No. BI- 0048 -13, or the Contractor's proposal in response to RFP No. BI- 0048 -13 waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. 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 Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 10. Subcontractors. The Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the DIRECTOR OF HUMAN RESOURCES. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in RFP No. BI- 0048 -13. Failure to keep all insurance policies and performance bonds in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, the City may terminate this Agreement upon twenty (20) days' written notice to the Contractor. However, the City may terminate this Agreement on twenty -four (24) hours' written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out herein. 13. Taxes. The 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. Upon his request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. The Contractor may terminate this Agreement upon ninety (90) days' written notice to the City. 14. Drug Policy. The Contractor must adopt a Drug Free Workplace policy. 15. Violence Policy. The Contractor must adopt a Violence in the Workplace policy. 16. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is received on the day faxed or hand - delivered and 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: Director of Human Resources P.O. Box 9277 Corpus Christi, Texas 78469 -9277 IF TO CONTRACTOR: Contractor Nueces Emergency Services D.B.A. The Doctor's Center Contact Dr. J Keith Rose, M.D. Address: 4637 Spid City, State, Corpus Christi TX 78411 -4415 17. Month -to -Month Extension. If the City has not completed the procurement process and awarded a new Agreement upon expiration of the original contract period or any extension period, the Contractor shall continue to provide goods /services under this Agreement, at the most current price under the terms of this Agreement or extension, on a month -to -month basis. This Agreement automatically expires on the effective date of a new contract. 18. 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. 19. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE 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 THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT. OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY HIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. SIGNED this day of, 20 Contractor k� Title: std Ive S CITY OF CORPUS CHRISTI ( "CITY ") Michael Barrera Date Assistant Director of Financial Services Incorporated by Reference: Exhibit A: RFP No. BI- 0048 -13 Exhibit B: Proposer's Proposal Exhibit C: Clarification/Additional Service DRUG AND ALCOHOL TESTING SERVICES AGREEMENT CITY OF CORPUS CHRISTI CITY- WIDE/FIRE AND POLICE FOR THE DOT, NON -DOT, CDL EMPLOYEES, AND PRE- EMPLOYMENT SCREENING TEST ALCOHOL AND DRUG TESTING POLICY THIS DRUG AND ALCOHOL TESTING SERVICES AGREEMENT ( "AGREEMENT ") is entered by and between the City of Corpus Christi, -a Texas municipal corporation ( "City "), and Nueces Emergency Services d.b.a. The Doctor's Center, ( "Contractor /Service Provider ") effective for all purposes the day of , 2013, to be implemented within thirty (30) days after the date this Agreement is approved by the City Council. Incorporated into this Agreement are Attachments, attached and incorporated, as follows: Attachment I contains DOT specimen collection procedures for drug testing and DOT alcohol testing procedures required by Department of Transportation (DOT) Transportation Workplace Drug and Alcohol Testing Programs, (49 CFR 40), for current employees and applicants assigned to the Gas Division, Marina, and covered under DOT, 49 CFR 199, Research and Special Program Administration, and DOT 49 CFR 382, et. al., Federal Highway Department, for covered employees required to have a Commercial Driver's License (CDL) to perform the essential functions of their jobs. Attachment II covers non -DOT drug specimen collection procedures for drug testing of employees and applicants covered under City -Wide Alcohol and Drug Policy. Attachment III covers NON DOT Specimen Collection Procedures for Drug Testing and NON DOT Alcohol Testing Procedures for Corpus Christi Fire Department Collection Procedure. Attachment IV NON DOT Specimen Collection Procedures for Drug Testing and NON DOT Alcohol Testing Procedures for Police Department Collection Procedure. Attachment V covers DOT and NON DOT Laboratory Drug Testing Protocol. Attachment VI covers Medical Review Officer (MRO) service procedures. Attachment VII is the Fee Schedule. 1.1 SERVICES A. COLLECTION SERVICES Contractor /Service Provider hereby agrees to perform drug and alcohol testing services for City's employees and applicants, Fire Department employees and applicants, Police Department employees and applicants (collectively Donor) as an independent contractor for the City in accordance with procedures for Department of Transportation (DOT) drug and alcohol testing for applicable Donors which are in compliance with DOT regulations under Paragraph 40.81 of 49 C.F.R. 40, Federal Procedures for Transportation Workplace Drug and Alcohol Testing Programs, attached and incorporated as Attachment I, and in accordance with drug testing procedures for all other Donors consistent with and with the level of precision required for the federally approved DOT and NON DOT testing procedures, attached and incorporated as Attachment II, and in accordance with Fire and Police Department procedures, attached and incorporated as Attachments III and IV. Such services include, but are not limited to, the following: 1. A minimum of two collection sites (Facility), or provide one collection site and pick -up and delivery for occupation services, as described in Attachments I through IV, which meet the Facility requirements of Federal DOT and NON -DOT regulations as cited above, and are clean, well -lit and secured as provided for in these Attachments. A collection site (Facility), complete with locker, lock, and key which meets all requirements of Attachment I -IV incorporated herein is required for Fire and Police Department requirements. 2. Contractor /Service Provider must provide full collection services to City -Wide, Fire Department, and Police Department employees and applicants (Donors) covered by all City of Corpus Christi, Fire Department, and Police Department Alcohol and Drug Policies from Monday through Friday, 8 a.m. to 5 p.m., at Contractor /Service Provider's Facilities and for testing after hours (7 days a week including holidays) within one (1) hour after notification by pager by the Human Resources Director, Fire Chief, Police Chief, or designee(s). Contractor /Service Provider must make a designated Facility and a Collector of appropriate gender available for collection services. For DOT, NON -DOT, CDL City -Wide employees and applicants, Contractor /Service Provider shall provide full collection services to meet seasonal needs for full collection services, as required, by staying open until 6 p.m. each day and /or being open on Saturdays. 3. Contractor /Service Provider's collector must be specifically trained to carry out DOT and NON -DOT drug and alcohol collections successfully, or must be a licensed medical professional, or technician, who is provided instructions for collection, which comply with federal regulations, cited above, and the Collective Bargaining Agreement between City and the Police and Fire Associations. Contractor /Service Provider's collector performing evidentiary breath tests (EBT) must use EBT equipment 1) approved by the National Highway Traffic Safety Administration (NHTSA) for evidentiary testing of breath and 2) included on NHTSA's "Conforming Products List of Evidential Breath Measurement Devices" (CPL) and 3) that meets the requirements of Paragraph 40.229 of 49 CFR 40. The breath alcohol technician (BAT) must be trained to proficiency in the operation of the EBT to be used and in the alcohol testing procedures required by Paragraph 40.51 of 49 CFR 40. 4. The Contractor /Service Provider must conduct background investigations on laboratory and collection personnel involved in the collection of samples or handling of unsealed samples collected from City of Corpus Christi Police Officers. The Contractor /Service Provider must not use employees to perform services under this Agreement who have been arrested by members of the City of Corpus Christi Police Department or who have been convicted of a felony or misdemeanor crime involving dishonest conduct or the possession of illegal drugs. 5. Contractor /Service Provider's Collectors must be specifically trained, or be licensed medical professionals or licensed technicians, who have received specific training from Contractor /Service Provider to carry out drug and alcohol collections following the protocols as specifically set out in the Agreement and incorporated attachments and must perform these requirements accurately and consistently. 6. Contractor /Service Provider must provide sufficient staffing to allow monitored and direct observation drug specimen collections (as stated in Attachment III ) by Collectors of the same gender as the Donor for drug tests and to obtain specimens by direct observation if pre - approved by the Human Resources Director, Fire Chief, Police Chief, or designee. 7. Contractor /Service Provider shall provide competent and knowledgeable staff who strictly follow DOT, NON -DOT, CDL and Facility preparation requirements as established in Attachments I — IV prior to collection and who can consistently follow strict Custody and Control procedures for ALL drug testing collections to ensure the integrity of each specimen collection and transfer of the specimen to the laboratory while maintaining the Donor's privacy and the confidentiality of the collection process. 8. Contractor /Service Provider must provide a qualified supervisor for the Facility to ensure total compliance with established protocols and procedures set out in the Attachment I through IV and incorporated attachments; to provide facts regarding suspected adulteration of specimens; to coordinate with the Human Resources Director, Fire Chief, Police Chief or designee, and Contractor /Service Provider's personnel in resolving problems arising from any phase of the collection process; to supervise all aspects of the collection procedures including, but not limited to, maintaining collected specimens in a secured area prior to pick up by the courier; to oversee shipping of collected specimens to the drug testing laboratory following strict Custody and Control procedures and to ensure that every effort is made to minimize the number of persons handling specimens. 9. Contractor /Service Provider must provide Human Resources Director, or designee, with Contractor /Service Provider's courier's written procedure for the transportation of specimens to the laboratory which ensures confidentiality and integrity of the specimen. 10. Contractor /Service Provider must make collections of urine/blood specimens and breath samples, following procedures in the applicable Attachment, using a CCF to ensure the integrity of the specimen from collection to receipt by the laboratory, and maintaining collected specimens in a secured area prior to being picked up by the courier and transported to the laboratory. 11. Contractor /Service Provider must make its collection, laboratory, and MRO personnel available to the Human Resources Director, Fire Chief, Police Chief, or designee, for legal depositions, courtroom testimony, evaluation of chain -of custody procedures followed, and other related matters in relation to drug and alcohol testing in connection with claims, administrative hearings, arbitrations, lawsuits, or other proceedings arising from the City's reliance on such specimen collections. This testimony and availability is of the essence of this Agreement and failure of Contractor /Service Provider's personnel to be available for a "Proceeding" is grounds for termination. B. LABORATORY SERVICES (a) Specimen Storage and Transportation Collected specimens must be maintained in a secured area prior to pick up by the courier. The Contractor /Service Provider must ship the Specimen (both primary and split) to the Contractor /Service Provider's laboratory. Both parts of the Split Specimen (primary and split) must be placed in a single shipping container designed to minimize the possibility of damage during shipment together with copies 1, and 2, and the Split Specimen copy of the chain -of- custody form. The shipping container must be securely sealed to eliminate the possibility of undetected tampering. The Collector must ensure that the CCF documentation is enclosed in each container sealed for shipment to the drug testing laboratory. The Contractor /Service Provider will contact the specimen Collector and direct transport of the Specimens to the appropriate testing site in compliance with applicable regulatory procedures. Attachment V, Laboratory Requirements, must be followed. (b) Results (Availability) 1. Negative results on initial screen will usually be released to the Contractor /Service Provider's Medical Review Officer ( "MRO ") within forty -eight (48) hours after receipt of the specimen at Proposer's facility. 2. Confirmed positive test results shall be released to Contractor /Service Provider's MRO within seventy -two (72) hours after receipt of the specimen at Proposer's facility. 3. Holidays and weekend work schedules may alter the availability of results as described above. (c) Results (Delivery) Urine or blood specimens must be collected using custody -and- control procedures as provided in the applicable Attachment and tested by a laboratory certified by the Substance Abuse and Mental Health Services Administration (S.A.M.H.S.A.) and accredited by the College of American Pathologists - Forensic Drug Testing program. The testing laboratory must transmit all test results, in writing, directly to the Medical Review Officer (MRO). The Fire Department will pick up all results in person and by hand. Results for the Police Department shall be transmitted via electronic mail and Express Mail to the designated Police Department point -of- contact. Contractor /Service Provider must not communicate results verbally. Results from the laboratory may be transmitted verbally or by fax for DOT and NON -DOT City Employees, or pre - employment screening to the Human Resources Director, or designee. Contractor /Service Provider must discuss or provide additional information on results to the MRO and other personnel who may be designated by the Human Resources Director, in writing. Contractor /Service Provider must maintain Donor test records in confidence as required by applicable laws and regulations. (d) Supplies The Contractor /Service Provider must provide all supplies essential to the split- specimen collection (primary and split specimen portions), identification, packaging and transportation of specimens to the laboratory testing site or of a split specimen to a second laboratory which meets the required certification/accreditation requirements. (e) Chain -of- Custody Form CCF approved by the Human Resources Director, Fire Chief, Police Chief, or designee, must be used by Contractor /Service Provider to account for the integrity of each urine and blood specimen or breath sample by tracking its handling and storage from point of collection to final disposition. Collection Procedures incorporated in Attachment V are designed to disclose evidence of specimen tampering. Specimens arriving at the testing site showing signs of tampering or damage will be considered void and unqualified for testing. Contractor /Service Provider will notify the Human Resources Director, Fire Chief, Police Chief, or designee, in writing of any specimen it receives which shows any evidence of tampering or damage. (f) Coordination of Activities All drug testing services will be coordinated by Contractor /Service Provider's personnel, who will be responsible for setting up the Facility to ensure proper implementation of supply distribution, specimen transportation, results delivery, invoicing, and collection orientation. The Contractor /Service Provider will provide periodic training on custody- and - control collection procedures for the collection site personnel if requested by the Human Resources Director, Fire Chief, Police Chief, or designee. C. MEDICAL REVIEW OFFICER SERVICES The Medical Review Officer (MRO) for the City of Corpus Christi City -Wide, Fire Department, and Police Department's Alcohol and Drug Policies is required to be a licensed physician with knowledge of drug abuse disorders and certified as an MRO by the American Association of Medical Review Officers. Contractor /Service Provider must provide a physician to perform Medical Review Officer Services as an independent contractor for the City in accordance with the medical services and procedures set out in the attached Attachment VI including but not limited to the following: medical review of drug and alcohol laboratory test results, 2. maintenance of medical records for the drug testing program; provide statistical data reports to the Human Resources Director, Fire Chief, Police Chief, or designee, based on program test results; 4. assessing and state what an employee can and cannot perform for fitness of employees for return -to -duty or applicants' fitness for hire based on drug test results; 5. providing services, such as legal depositions, courtroom testimony, evaluation of test results and advice about medical matters in relation to drug and alcohol testing, as required by the City Attorney in connection with grievances, arbitrations, claims and lawsuits or other proceedings arising from the City's reliance on such test results. 2.1 FEES City will pay Contractor /Service Provider for services rendered by Contractor /Service Provider at the rate for each service quoted by Contractor /Service Provider in the Excel spreadsheet titled Proposer's Response RFP BI- 0048 -13 3.6A Pricing D &A, attached and incorporated. Contractor /Service Provider will invoice City monthly. City will pay invoices as approved by the Human Resources Director, Fire Chief, Police Chief, or designee, within 30 days of receipt of a valid invoice. City will not pay for services that are unsatisfactory or that have not been approved by the Human Resources Director, Fire Chief, Police Chief, or their respective designees. 2.2 FEES UPON TERMINATION Upon termination by written notice, a final accounting will be made of the fees payable to Contractor /Service Provider. The Human Resources Director, Fire Chief, Police Chief's good faith determination of the amount due in this regard is final and binding between the parties. As the City's right to cancel and terminate this Agreement is expressly retained, Contractor /Service Provider is not entitled to lost or anticipated profits if the City of Corpus Christi, exercises such right. 2.3 CITY'S REPRESENTATIVE The City's representative is the Human Resources Director, Fire Chief, Police Chief or their respective other City designees, who is authorized to direct Contractor /Service Provider to provide professional services related to testing of drug and alcohol specimens, and breath samples. All invoices, requests for payment, notices, or communications regarding this Agreement must be directed to the Human Resources Director, Fire Chief, Police Chief, or designee in accordance with the specified testing method. 3.1 TERM (a) This Agreement shall be for a one -year term with four one -year automatic extension periods. By submission of its proposal, the Proposer agrees that the cost and price information quoted in its proposal is fixed and firm for the duration of the term of this Agreement, provided that upon extension of the Agreement for an additional one -year period(s), the prices for the services to be delivered during the ensuing one -year period(s) may be increased or decreased to the extent of changes in the cost of material to the Contractor /Service Provider, as reflected in written documentation provided to the City by the Contractor /Service Provider. At the end of the original Agreement period or any extension period, if the City has not completed the procurement process and awarded a new Agreement, the City Manager, or his designee, may extend this Agreement on a month -to -month basis, through the begin date of a new contract, and at the pricing in place upon expiration of the most recent extension. (b) This Agreement automatically terminates on and as of the date any of the following occur: The filing of a petition in bankruptcy by either party; or the making by either party of an assignment for the benefit of creditors; or if any involuntary petition in bankruptcy or petition for an arrangement pursuant to the Bankruptcy Act is filed against either of the parties; or if a receiver is appointed for the business of either party, or any part thereof, or if either party by law, or otherwise, discontinues its operations for any reason whatsoever. (c) If either party fails to comply with any material term of this Agreement, the other party may, at its discretion, declare a default and terminate this Agreement upon thirty (30) days' written notice of its intention to so terminate, unless if within the notice period, the defaulting party has cured the default. (d) Following expiration or termination of this Agreement by either party, Contractor /Service Provider must continue to make available to City, upon reasonable prior written request, copies of documents and records relating to tests performed by Contractor /Service Provider under this Agreement and must provide specimen retention services, consultation by Contractor /Service Provider's scientific and medical personnel, and litigation assistance relating to tests performed prior to termination of this Agreement, at the fees set out in Excel spreadsheet titled Proposer's Response RFP BI- 0048 -13 3.6A Pricing D &A. Any such services for which a fee is not specified in Excel spreadsheet titled Proposer's Response RFP BI- 0048 -13 3.6A Pricing D &A, will be billed at Contractor /Service Provider's reasonable and customary fees for such services. 3.2 RIGHT TO TERMINATE The City Manager, or his designee, may terminate this Agreement for Contractor's failure to perform the services specified in Request for Proposal No. BI- 0048 -13. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. The City's Contract Administrator must give Contractor 5 work -days' 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, or his designee, may terminate this Agreement immediately thereafter. Alternatively, City may terminate this Agreement, with or without cause, upon 20 days' written notice to Contractor. However, City may terminate this Agreement on 24- hours' written notice to Contractor for failure to pay or provide proof of payment of taxes as set out herein. If the City terminates its Contract under the foregoing paragraph, the City shall pay the Contractor for services actually performed prior to such termination, less such payments as have been previously made. Contractor shall not be entitled to any further compensation for work performed by the Contractor or anyone under its control or direction from the date of receipt of notice of cancellation including any and all costs related to the transferring of any files to another Contractor or any costs related to the electronic transfer of any information including, but not limited to, tape transfers, downloads, uploads, CD, etc. Within thirty (30) days of the date of termination of the Contract and at the Contractor's expense, the Contractor shall provide the City reproducible copies of all work completed or partially completed documents prepared under the Contract — all such documents thereinafter being the sole property of the City. 4.1 RECORDS BELONG TO CITY All Records compiled by Contractor /Service Provider, it's employees, contractors, and agents, including without limitation Contractor /Service Provider's MRO, (collectively called Contractor /Service Provider's Agent) are compiled for the City to use in determining whether a Donor uses or has used drugs or alcohol. All records belong to the City. Contractor /Service Provider is the designated custodian of these Records, with certain Records in the custody of Contractor /Service Provider's MRO. All Records are compiled pursuant to a waiver signed by the Donor that authorizes Contractor /Service Provider to provide the Records to the Human Resources Director, Fire Chief, or Police Chief. It is the essence of this Agreement that Contractor /Service Provider provide all Records to the Human Resources Director, Fire Chief, or Police Chief, when requested. 4.2 NO DOCTOR - PATIENT RELATIONSHIP Contractor /Service Provider and its Agent (specifically including Contractor /Service Provider's MRO) have no Doctor - Patient relationship with any Donor who provides a urine or blood specimen, or breath sample for drug or alcohol testing, or information during personal interviews between a Donor and Contractor /Service Provider's Agent with regard to drug and alcohol testing only. Contractor /Service Provider does have a relationship with City, which is purchasing its Services. 4.3 RECORDS NOT CONFIDENTIAL All Records compiled by Contractor /Service Provider and Contractor /Service Provider's Agent (specifically including Contractor /Service Provider's MRO) from information and samples provided by a Donor are compiled for the City and belong to the city. If Contractor /Service Provider or it's Agent believes that information provided by a Donor is confidential and chooses to redact that information, or conversely fails to redact confidential information, then Contractor /Service Provider agrees to indemnify City for all damages incurred by City due to Contractor /Service Provider or it's Agent's redaction of, or failure to redact, confidential information from the Records. 4.4 RECORDS UPON TERMINATION Upon termination by either party, Contractor /Service Provider must within thirty (30) days deliver to the Human Resources Director all records, and files, as requested by the Human Resources Director. Books, Records, and other evidence pertaining to the drug and alcohol testing services performed under this Agreement which are retained by the Contractor /Service Provider must be maintained for five (5) years after termination or expiration of this Agreement, or, if a lawsuit or arbitration of this Agreement, or if a lawsuit or arbitration is pending, until a final decision is reached. All such Records and files and such other material maintained by the Contractor /Service Provider after termination of the Agreement must be made available to the Human Resources Director or designee at all reasonable times during the term of this Agreement for inspection or audit by the City Manager. 5.0 INSURANCE Before activities can begin under this Agreement, a Certificate of Insurance as proof of the required insurance coverage must be delivered to the Human Resources Director or designee, which provides, at a minimum, the amounts of coverage as detailed in Section 2.39 "Insurance Provisions" of the RFP. 6.0 CERTIFICATIONS (1) The Contractor /Service Provider must use a laboratory, for initial and confirmation drug testing and for breath or blood alcohol testing services performed under this Agreement, which is certified by the Substance Abuse and Mental Health Services Administration (S.A.M.H.S.A.) and accredited by the College of American Pathologists - Forensic Drug Testing program and must provide documentation of this certification as required in the RFP. Any changes in laboratory certification status or in the specific S.A.M.H.S.A. and C.A.P. laboratory used by Contractor /Service Provider must be reported to the Human Resources Director, or designee prior to such change. Any re- certification/re - accreditation by Laboratory must be reported to the City's Human Resources Director, in writing, within thirty (30) days after such re-certification/re- accreditation. (2) A copy of the Physician's Medical Review Officer Certification from the American Association of Medical Review Officers must be provided to the City prior to commencement of services. The Human Resources Director, or designee, must be notified within thirty (30) days of any change in the MRO's certification status, re- certification or renewal of certification obtained by the Contractor /Service Provider's designated physician performing MRO services under this Agreement. 7.0 TESTIMONY Proposer's Agent's testimony (specifically including MRO's testimony) both in preparation for any "Proceeding" and at the actual "Proceeding" itself, which concerns any drug and alcohol collection, test, evaluation, or MRO services provided by Contractor /Service Provider or It's Agent is the essence of this Agreement "Testimony ". Testimony from Contractor /Service Provider's Agent is absolutely essential for the City to defend any grievance, arbitration, or lawsuit that results from any donor challenging City's actions based on the results of that Donor's drug or alcohol urine/blood specimen or breath sample that was collected, tested, or evaluated by Contractor /Service Provider or It's Agent or reviewed by Contractor /Service Provider's MRO. Said grievance, arbitration, or lawsuit and preparation for same is collectively called "Proceeding ". The failure of Contractor /Service Provider or It's Agent to appear in person to provide Testimony for any Proceeding is grounds for the City Manager to terminate this Agreement, or, alternatively, require Contractor /Service Provider to pay all of City's costs in preparing for and defending said Proceeding. At a minimum, the costs of a Proceeding include all Legal Staff time (Attorney's time will be billed at standard community rates for Attorneys of comparable experience; ditto secretarial and paralegal time; ditto copies made for exhibits prepared for the Proceeding) and costs, all Human Resources staff time and costs, all staff time and costs for the department whose employee or applicant (i.e. Donor) caused the Proceeding to occur [NOTE: in the case of Police and Fire Departments this may include overtime costs], and all expert witness fees, including the cost of Contractor /Service Provider's MRO's fees and any Arbitrator's Fees. The failure of Contractor /Service Provider's Agent (specifically including Contractor /Service Provider's MRO) to appear in person and give live Testimony at a Proceeding is presumed to be the reason that City lost the Proceeding. City's costs in an arbitration Proceeding that is decided against the City include all the arbitration costs. 7.1 CONTACT PERSON Contractor /Service Provider must provide the name, address, phone number, and fax number of a single person who has the authority to schedule times for Contractor /Service Provider's Agents (specifically including Contractor /Service Provider's MRO) to provide live, in person Testimony for Proceedings, (this person with authority to schedule is the "Contact Person "). The Contact Person must talk to the Human Resources Director, (which by definition includes designees), about possible dates for Testimony within one City of Corpus Christi business day and confirm dates that Contractor /Service Provider's Agent (including Contractor /Service Provider's MRO) are available for live, in person Testimony for a Proceeding within eight (8) business days. 7.2 WAIVER OF LIVE TESTIMONY Only the Hearing Examiner in a Proceeding (e.g. chairperson of the Civil Service Board or Commission, Judge, Arbitrator collectively called "Hearing Examiner" herein) has the authority to provide a prior written waiver that any Contractor /Service Provider's Agent (specifically including Contractor /Service Provider's MRO) does not have to appear in person and give live Testimony. It is the obligation of any Contractor /Service Provider's Agent who wishes to not appear in person and give live Testimony to make prior written arrangements with the Hearing Examiner and copy the Human Resources Director, and the City Attorney at (361) 880 -3239 with all correspondence between Contractor /Service Provider's Agent and the Hearing Examiner. Simply because a Contractor /Service Provider's Agent obtained the Hearing Examiner's prior written approval to not appear in person and give live Testimony does not rebut the presumption that the failure to give live Testimony is why the City lost the Proceeding. 8.0 MISCELLANEOUS a. Applicable laws and venue Contractor /Service Provider must comply with all applicable federal and state laws and all applicable rules and regulations promulgated by local, state and federal agencies. This Agreement must be enforced in Nueces County, Texas, and must be governed and construed in accordance with the laws of the State of Texas. b. Notices All notices required under this Agreement must be in writing, personally delivered or sent by certified mail, return receipt requested, addressed to the other party as follows. IF TO CITY: City of Corpus Christi 1201 Leopard 78401 P.O. Box 9277 78469 Corpus Christi, Texas Phone #(361) 880 -3315 Fax #(361) 880 -3322 Attention: Yasmine Chapman Director of Human Resources AND Chief Robert Rocha Fire Department, City of Corpus Christi 2406 Leopard Street Corpus Christi, Texas 78408 Phone # (361) 880 -3900; Fax # (361) 887 -8053. AND Floyd Simpson, Chief of Police Police Department City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 IF TO CONTRACTOR/SERVICE PROVIDER: Name of Organization: Nueces Emergency Services Name of Individual: Dr. J. Keith Rose, M.D. Title: President Address: 4637 SPID City: Corpus Christi State: TX Telephone Number: 361-241-1116 Facsimile Number: 361 - 242 -1116 E -mail Address: keithr @doctors - center.com Either party may change its address to which written notice must be sent as provided in this section. C. Force Majeure Neither party will be liable for failure to perform any duty or obligation that either may have under this Agreement where such failure has been caused by any act of God, fire, strike, inevitable accident, war or any cause outside the reasonable control of the parry who had the duty to perform. d. Waiver The failure of either party to exercise or enforce any right conferred upon it hereunder will not waive any such right nor bar the exercise of performance thereof at any time or times thereafter; nor is City's waiver of any right hereunder at any time, including rights to any payment, a waiver thereof for any other time. e. Non - assignment This Agreement must not be assigned or transferred by Contractor /Service Provider without the prior written consent of the City Manager, or designee. Contractor /Service Provider is at all times solely responsible for the provision of the drug and alcohol specimen collection, testing, laboratory and MRO services and the competency of services provided hereunder, whether accomplished through its officers and employees or through its agents or subcontractors. L Severability If any provision of this Agreement is held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the parties will, if possible, agree on a legal, valid and enforceable substitute provision which is as similar in effect to the deleted provision as possible. The remaining portion of the Agreement not declared illegal, invalid or unenforceable remains valid and effective for the term remaining unless the provision found illegal, invalid or unenforceable goes to the essence of this Agreement. g. Legislative Modification Notwithstanding any other provision to the contrary, if any federal, state, or local law, rule, regulation, or interpretation thereof at any time during the term of this Agreement prohibits, restricts, or in any way materially changes the type of services rendered under this Agreement, then this Agreement may, in good faith, be amended by the parties to provide for payment of compensation in a manner consistent with any such prohibition, restriction, or limitation; otherwise, this Agreement remains in full force and effect. With respect to any other prohibition, restriction, or change that causes this Agreement to be impermissible or materially different in its effect than contemplated herein, the parties hereto will, in good faith, negotiate and amend this Agreement to cause their relationship to be as consistent as possible with that which is created herein; if this Agreement is not so amended in writing prior to the effective date of said prohibition, restriction, or change, this Agreement terminates on that date or as agreed in writing by the parties. h. Section Headings Section headings contained in this Agreement are for reference purposes only and do not affect, in any way, the meaning and interpretation of this Agreement. i. Confidentiality Contractor /Service Provider acknowledges that in the course of providing services under this Agreement, it may be privy to certain confidential information of the City and Donors, including but not limited to laboratory testing results, Donor medical records, and other confidential documents or information. Contractor /Service Provider agrees and directs all of Contractor /Service Provider's Agents that it, its employees and agents, must not directly or indirectly divulge or disclose to third persons any of such confidential information, except as specifically authorized or directed in writing by the Human Resources Director, Fire Chief, Police Chief, or designee. Contractor /Service Provider must advise Contractor /Service Provider's employees and agents having access to such information of the confidential nature of such information and must take reasonable steps to inform each Contractor /Service Provider's employees and agent's to preserve the confidentiality of such information and materials. Contractor /Service Provider and Contractor /Service Provider's employee's and agent's obligation under this provision must survive the expiration and /or termination of this Agreement. j. Indemnification PROPOSER SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ( "INDEMNITEES ") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER HIND 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. k. Notice of Claim The Human Resources Director, will promptly notify Contractor /Service Provider of any claim asserted against it for which such indemnification is sought, and will promptly deliver to Contractor /Service Provider a true copy of any such claim including, but not limited to, a true copy of any summons or other process, pleading or notice issued in any lawsuit or other proceeding to assert or enforce such claim. The City Manager may participate in such investigation, trial and defense of such lawsuit or action and any appeal arising therefrom. The City, its officers, employees, agents, and representatives will provide full cooperation to the Contractor /Service Provider at all times during the pendency of the claim or lawsuit, including, without limitation, providing Contractor /Service Provider with all available information concerning the claims. 1. Non - Appropriations The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on July 31 of each year, will be subject to appropriations and budget approval covering this Agreement as an expenditure in said budget; however, it is within the sole discretion of City Council to determine whether to fund this Agreement. m. Whole Agreement This Agreement and its Attachments contain all commitments and agreements of the parties hereto, superseding any previous agreements between the parties, and no modification of this Agreement may be made except by written amendment executed by the duly authorized representatives of the parties hereto. SIGNED this day of, 2013 CONTRA TOR: Name: Title: CITY OF CORPUS CHRISTI Michael Barrera Date Assistant Director of Financial Services Incorporated by reference: Exhibit A: RFP No. BI- 0048 -13 Exhibit B: Proposer's Proposal Exhibit C: Clarification/Additional Service CITY OF CORPUS CHRISTI PURCHASING DIVISION EXHIBIT C The City of Corpus Christi (City) and Nueces Emergency Services d.b.a. The Doctor's Center (referred to as "Contractor ") do hereby agree to the following: Section E, 9 (a), SPECIMEN COLLECTION PROCEDURES, OF ATTACHMENT III to Request for Proposal No. BI- 0071 -08 and styled Fire Department, COLLECTION PROCEDURES FOR DRUG AND ALCOHOL TESTING, is hereby revised to read: In the case of random testing (at a Fire Department facility) the unsuccessful Donor or Donor(s) shall be allocated an additional fifteen (15) minutes after the last successful Donor. If Donor(s) are not able to submit the required amount of specimen, the collector shall leave the Fire Department facility and the Donor(s) shall continue to consume reasonable quantities of fluids. Once the Donor(s) is ready to attempt to submit the required amount of specimen, the collector shall be called back to the Fire Department facility by Fire personnel. The collector shall return to the Fire Department facility as soon as practicable. The Donor(s) will have a period of up to 8 hours from the beginning of the collection procedure to submit the required amount of specimen. All testing will be conducted on -site, except for personnel assigned to Training, Fire Prevention & Arson, and Administration. Personnel not tested on -site will be required to report to a designated lab within 3 hours of notification by their supervisor. Hair follicle testing shall be at a cost of $75 /test (collection and testing). IN WITNESS WHEREOF, the parties hereto have affixed their signature. CITY OF CORPUS CHRISTI THE DOCTORS' CENTER Michael Barrera Date J. Keith Rose, M.D. Date Assistant Director of Financial Services President 0 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 28, 2013 1852 Action Item for the City Council Meeting of June 11, 2013 DATE: May 9, 2013 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floods _cctexas.com 886 -2603 Amending the Consolidated Emergency Dispatch Center Interlocal Agreement between the City of Corpus Christi and Nueces County to include the City of Driscoll as a participant. CAPTION: Resolution authorizing the City Manager, or his designee, to execute an amendment to the Consolidated Emergency Dispatch Center Interlocal Agreement between the City of Corpus Christi and Nueces County to include the City of Driscoll as a participant. PURPOSE: The existing MetroCom interlocal agreement must be modified to include the City of Driscoll who wants to participate and use MetroCom for all 911 emergency calls and law enforcement dispatch functions. BACKGROUND AND FINDINGS: The City of Driscoll has asked the City and Nueces County to consolidate their public safety dispatch center with MetroCom for the areas served by Driscoll, receiving 911 emergency calls for Driscoll and transferring all EMS and fire emergency calls to the Bishop Police Department. All law enforcement calls will be transferred to the Driscoll Police Department dispatcher between the hours of 8:00 am and 5:00 pm, Monday through Friday. MetroCom will dispatch Driscoll Police Department directly between the hours of 5:00 pm and 8:00 am and on weekends. The parties agree to jointly fund the operations of the MetroCom center. The MetroCom board establishes a method of dividing operating expenses based upon the usage of the system by each of the entities, and the most efficient method to track and project usage is through the Computer Aided Dispatch or CAD history files. The most recent data shows that Driscoll generates approximately 1 % of CAD calls or $49,000. This amount will be paid by Driscoll in advance for MetroCom dispatching services or within 10 days of the execution of the contract, and will be prorated for the current fiscal year. The full amount is due to the City by January 1 of each calendar year. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to all City policies. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Legal 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 This item 1 49,000 BALANCE 1 49,000 Fund(s): Police General Fund Comments: RECOMMENDATION: Staff recommends supporting the resolution. LIST OF SUPPORTING DOCUMENTS: Interlocal agreement Resolution Resolution Authorizing the City Manager, or his designee, to execute an amendment to the Consolidated Emergency Dispatch Center Interlocal Agreement between the City of Corpus Christi and Nueces County to include the City of Driscoll as a participant. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute an amendment to the Consolidated Emergency Dispatch Center Interlocal Government Agreement, in compliance with Chapter 791 of the Government Code, with Nueces County and the City of Driscoll to implement a consolidated emergency dispatch center. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Nelda Martinez Mayor K 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 Interlocal Cooperation Agr, between the City of Corpus Christ Consolidated Emergency Dispatch Cent, (First Amendment to the Consolidated Emergency is This Interlocal Cooperation Agreement "(Agreem of Corpus Christi, Texas ("City"), a Texas home-rule mui Nucces ("County"), a political subdivision of the State of ("Driscoll"), a Texas general law city, each acting herein official, effective for all purposes upon the execution by WHEREAS, the City and County have developed radio communications system ("System") that provides f within the jurisdictions of the two entities; (MetroCom) Center Interlocal Agreement) made by and between the City -orporation, the County of and the City of Driscoll, Texas through its duly authorized fly own an 800-mHz trunked safety radio communications WHEREAS, in 1993, the County commissioned a communications study, the results of which were known as "MetroCom," calling for the development of a single consolidated public safety answering point ("PSAP") for all 9-1-1 emergency calls and dispatch functions within the areas served by the City and the County, with the potential for further consolidation of efforts to include other cities within Nueces County; WHEREAS, the City and the County are parties to an Interlocal Cooperation Agreement dated June 1, 2000 [the "Consolidated Emergency Dispatch Center (MetroCom) Agreement"] providing for the development and implementation of MetroCom; and WHEREAS, the City of Driscoll, a municipality located within Nueces County, desires to participate and use MetroCom for all 9 -1 -1 emergency calls and law enforcement dispatch functions. NOW, THEREFORE, BE IT AGREED BY THE CITY OF CORPUS CHRISTI, THE COUNTY OF NUECES, AND THE CITY OF DRISCOLIL ("Parties"): ARTICLE 1: PURPOSE AND GOALS The purpose and goals of this Agreement shall be to provide cost effective and efficient emergency services for the citizens and community served by the parties through the use of a regional 9 -1 -1 emergency dispatching center staffed by trained professionals to operate the public safety answering point ("PSAP"). ARTICLE 2: SERVICES FOR DRISCOLL The parties agree to consolidate their public safety dispatch centers into a single public safety answering point ("PSAP"), known as "MetroCom," for the areas served by Driscoll. The PSAP will handle 9-1-1 emergency calls for Driscoll. MetroCom will transfer all EMS and fire Page 1 of 6 emergency calls to Bishop Police Department, MetroCom will transfer all law enforcement calls to Driscoll Police Department dispatcher between the hours of $:00 a.m. to 5:00 p.m., Monday through Friday. MetroCom will dispatch Driscoll Police Department directly between the hours of 5:00 p.m. to 8-00 a.m. and on weekends. ARTICLE 3: FUNCTIONS OF METROCOM FOR DRISCOLL MetroCom shall provide emergency communications dispatch services to Driscoll as outlined in the Agreement. Such communication services shall include: a. 9 -1 -1 emergency dispatch for fire units, EMS units, and call taking for law enforcement purposes only; b. Dispatch of responding units; c. Information services for field units; d. CMD dispatch and community alert functions; e. Serve as a point of local emergency service contact for State and Federal resources; and f. Other dispatching services as approved by operating procedures (SOP). ARTICLE 4: BACKGROUND SCREENINGS Driscoll is responsible to ensure that background screenings are conducted on all personnel with access to the Federal Bureau of Investigations ("FBI") Criminal Justice Information System ("CJIS") systems information. As directed by the FBI CHS Security Policy: (1) State and national fingerprint-based record checks must be conducted within 30 days upon initial employment or assignment for all personnel having access to FBI CHS systems information; (2) appropriate background investigations must be conducted on personnel with access to FBI CJIS Division's record information; and (3) in cases where an applicant already has access from another law enforcement agency, temporary access may be granted prior to confirmation of the new identification check. If a record of any kind is found, access will not be granted or allowed by Driscoll until the Department of Public Safety can review the matter to decide if access is appropriate. ARTICLE 5: TLETS/NLETS and TCIC/NCIC CERTIFICATIONS Driscoll is responsible to ensure that its employees obtain and maintain current Texas and National Law Enforcement Telecommunications Systems ("TLETS" and "NLETS") and Texas and National Crime Information Centers ("TCIC" and "NCIC") certifications. Prior to disseminating any TC1C and NCIC information, Driscoll agrees to file the required certifications with the City so the City may verify that Driscoll's employees are eligible to obtain such information. The City and MetroCom will deny any request for TC1C and NCIC information from employees who are not certified or do not have a current certifications on file. ARTICLE 6: WARRANT FUNCTIONS Driscoll will be responsible for entering warrant information for its law enforcement agency as required by law. Agencies that enter records into NCIC/TCIC are responsible for the accuracy, timeliness, and completeness of the records. The City, County, and MetroCom will not assume the role or duty to enter and update warrant information for Driscoll and will not be responsible Page 2 of 6 for the accuracy of such information. The warrant funct Agreement shall never shift to the City, County, and Me ARTICLE 7: METROCOM OPERATING CENTER The MetroCom center will be administered by the City 't Standard Operating Procedures (SOP) and budget. Thes System Operations Committee and shall be approved by effective. Upon request, a copy of the SOPS and Metro( ARTICLE 8: SHARED OPERATIONAL COSTS The parties agree to jointly fund the operations of the MetroCor establishes a method of dividing operating expenses based upon of the entities, and the most efficient method to track and projec Aided Dispatch ("CAD") history files. The most recent data sh, approximately one (1%) percent of CAD calls. Therefore, effec percent of the total operating cost, which for fiscal year ending ($49,000) Dollars, will be allocated to and paid by Driscoll in a, dispatching services. For the initial year of this Agreement, the MetroCom dispatching services will be prorated based on the ni current fiscal year (ending July 31, 2013) as measured from the Agreement. Nothing contained in this Agreement precludes the MetroCom center nor shall this Agreement preclude the allocati administrations, jurisdictions, and program participants. armed by Driscoll under this terms of an adopted set of [re to be developed by the oCom Board to be binding and ),et will be provided to Driscoll. i center. The MetroCom Board the usage of the system by each : usage is through the Computer iws that Driscoll generates live upon execution, one (I%) ,012 is Forty-nine Thousand Nance for MetroCom amount due from Driscoll for mber of months remaining in the fast date of execution of this addition of other PSAPs to the )ns of cost to other Currently, the allocation shall be one (1%) percent of the agreed MetroCom operating expenses to be paid by Driscoll to the City in one annual payment by October I" of each calendar year or, if the initial year of the Agreement, within 10 days of execution. The difference between actual expenditures at the end of the City's fiscal year and the payment provided by Driscoll will be carried forward and included in the subsequent year's computation of required financing. In the event actual expenditures exceed budgeted costs, a year-end review shall be conducted by the Systems Operations Committee to determine and address the cause of the discrepancy. In the event of an early termination of this Agreement, any unearned funds paid to the City by Driscoll will be refunded within 30 days of the termination date of the Agreement. A written final accounting will be provided to Driscoll along with the remittance payment. ARTICLE 9: TERM AND TERMINATION This Agreement shall begin on the final date of execution by all parties for an initial term of one (1) year and automatically renew annually without further action by the parties, The City's City Manager, or his designee, is authorized to execute any and all subsequent renewals and amendments to this Agreement on behalf of the City, unless otherwise prohibited by law, This Agreement may be terminated at any time by any party upon ninety (90) days written notice to the other two parties. A violation of either Article 4 or Article 5 shall result in immediate termination of the Agreement. Page 3 of 6 ARTICLE 10: PAYMENT AND CURRENT REVENUE Payment shall be made by Driscoll within thirty (30) days from receipt of the other party's request for expenses incurred in the performance of this Agreement. Any payment made by Driscoll for any of the services provided pursuant to this Agreement shalt be made out of current revenues available to Driscoll as required by the Texas Interlocal Cooperation Act. ARTICLE 11: SEVERABILITY If any portion of this Agreement, or the application thereof to any person or circumstances, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of the Agreement shall riot be affected thereby and shall continue to be enforceable in accordance with its terms. ARTICLE 12: NOTICES Notices allowed or required under this Agreement shall be addressed to and sent to the parties as indicated below, unless such address is changed by written notice to such effect, and any notice shall be effective when deposited in the U.S. mail, postage prepaid, certified, return receipt requested. CITY: City Manager 1201 Leopard Street Corpus Christi, TX 78401 with a copy to: Chief of Police Corpus Christi Police Department 321 John Sartain Corpus Christi, TX 78401 COUNTY: County Judge Nueces County Courthouse 901 Leopard Street, Room 303 Corpus Christi, TX 78401 DRISCOLL: Mayor City of Driscoll 130 E. Avenue D / P. O. Box 178 Driscoll, TX 78351 178351 -0178 ARTICLE 13: LAW AND VENUE All parties shall comply with all applicable federal, State, county and local laws, ordinances, rules, and regulations pertaining to this Agreement and each party's respective performance hereunder. This Agreement will be interpreted according to the Texas laws which govern the Page 4 of 6 interpretation of contracts. Venue for an action aj County, Texas, and be in accordance with the Te? ARTICLE 14: ENTIRE AGREEMENT AND W This Agreement represents the entire agreement;1: any oral agreements or understandings. Any ame all parties. No officer or employee of any of the I limitations in this Agreement, without the express ARTICLE 15: ASSIGNMENT AND SUCCESS, This Agreement shall be binding on and inure to I their respective successors and permitted assigns, party without the written consent of all of the o& personal liability on the part of any officer or agej their respective officers, agents, or employees. Agreement shall lie in Nucces it Procedure. ies and may not be modified by ie made in writing and signed by ve or otherwise modify the Dverning body of the party. e parties to the Agreement and rit may not be assigned by any Agreement does not create any 'aunty, or Driscoll or any of Each party to this Agreement will be responsible for any civil liability for its own actions under this Agreement, except that nothing in this Agreement shall constitute a waiver or limitation on any immunity, defense, or other protection afforded either party under State or federal law. The liability, if any, of either party, shall be that prescribed by the laws of the State of Texas. ARTICLE 17: NON-WAIVER Failure of any party to this Agreement to insist on the strict performance of any of the conditions or agreements herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver of the right to insist on, and to enforce by any appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. ARTICLE 18: NO WAIVER OF IMMUNITY Noparty to this Agreement waives or relinquishes any governmental, official, or other immunity or defense on behalf of itself, its officers, employees, and agents as a result of its execution of this Agreement and performance of the covenants contained herein. ARTICLE 19: NO THIRD PARTY BENEFIT This Agreement and all activities under this Agreement are solely for the benefit of the parties and not the benefit of any third party. ARTICLE 20: WARRANTY This Agreement has been officially authorized by the governing body of each party, and each signatory has full authority to execute the Agreement and to legally bind their respective party to this Agreement. Page 5 of 6 ARTICLE 21: CONTINUATION OF PROVIS This Agreement amends the existing Consolidated Err Agreement to the extent necessary to add and include of the Consolidated Emergency Dispatch Center Inter] Agreement remain in full force and effect and are uncl the parties. EXECUTED in triplicate to be effective as of the last City of Corpus Christi: ATTEST: Ronald L. Olson Armando Chapa City Manager City Secretary Date: Date: County of Nueces: ATTEST: Samuel Loyd Neal Diana T. Barrera County Judge County Clerk Date: Date: lispatch Center Interlocal 'Driscoll. All other provisions o not conflict with this this instrument, by intention of late set forth below: Approved as to form: Carlos Valdez City Attorney Date: Approved as to form: Laura Garza Jimenez Nucces County Attorney Date: Approved as to form: MichaeG. Morris City Attorney Date: rl (,,-7 1 j ? Page 6 of 6 Cyr PH v AGENDA MEMORANDUM �aRPO,a,E Future Item for the City Council Meeting of May 28, 2013 1852 Action Item for the City Council Meeting of June 11, 2013 DATE: May 9, 2013 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police flogs cctexas.com 886 -2603 Resolution to execute an interlocal agreement with RTA, Nueces County, and City of Driscoll for the public safety radio system CAPTION: Resolution authorizing the City Manager, or his designee, to execute an Interlocal Agreement with the Regional Transportation Authority, Nueces County, and the City of Driscoll for the operation of an 800 MHz public safety trunked radio system. PURPOSE: The existing interlocal agreement must be modified to include the City of Driscoll who wants to use the public safety radio system. BACKGROUND AND FINDINGS: The City of Driscoll has requested to use the radio system which is jointly owned by the City, RTA, and Nueces County. They will purchase equipment through the contracted vendor which are compatible with the radio system, they will pay all maintenance and user fees for each radio, they will provide hardware maintenance and technical support for radios and equipment owned by Driscoll, maintain and provide an updated list of all radios they use, and pay the proportionate share of maintenance and insurance costs for the backbone of the radio system. Driscoll will pay the City: 1. A one -time startup fee of $562 per radio 2. System annual service fees of $124.08 per radio per year beginning the second year of service 3. System monthly maintenance fees of $14.99 per control unit, $5.63 per mobile unit, and $5.63 per portable unit. The amount of funding is not available as the number of radios to be purchased is not yet known. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: Operating X Revenue Capital of applicable 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 0 BALANCE 0 Fund(s): Comments: The amount of funding is not available as the number of radios to be purchased is not yet known. RECOMMENDATION: Staff recommends supporting the resolution. LIST OF SUPPORTING DOCUMENTS: Interlocal agreement Resolution Authorizing the City Manager, or his designee, to execute an Interlocal Agreement with the Regional Transportation Authority, Nueces County, and the City of Driscoll for the operation of an 800 MHz public safety trunked radio system. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute the Interlocal Government Agreement, in compliance with Chapter 791 of the Government Code, with the Regional Transportation Authority, Nueces County, and the City of Driscoll for the operation of an 800 MHz public safety trunked radio system. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Nelda Martinez Mayor K 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 Interlocal Cooperation Agreement City of Regional Trai and City of Dris( For Radio Communicati, (Second Amendment to the Radio Communicati This Interlocal Cooperation Agreement ("Agreei of Corpus Christi, Texas ("City"), a Texas home-rule m Transportation Authority ("RTA"), a metropolitan trans V.A.T.S., the County of Nueces ( "County„), a political City of Driscoll, Texas ("Driscoll"), a Texas general lav its duly authorized official, effective for all purposes ups Interlocal Agreement) it") is made by and between the City cipal corporation, the Regional uthority under Article 1 118x, division of the State of Texas, and the ty, each acting herein by and through the execution by all parties. WHEREAS, the City and RTA are parties to an Interlocal Cooperation Agreement dated September 23, 1991 (the "Radio Communications System Interlocal Agreement"), providing for the development and operation of an advanced 800 MHz public safety trunked radio system ("Radio System"); and WHEREAS, the City, RTA, and County are parties to an Interlocal Cooperation Agreement dated February 4, 1994 (the "Radio System Participation Agreement"), being the first amendment to the Radio Communications System Interlocal Agreement; WHEREAS, the City, RTA, and County have entered into Memorandums of Agreement with the Naval Air Station and Port Industries Corpus Christi/ Port of Corpus Christi Authority allowing for their participation in the Radio Communications System; WHEREAS, the City of Driscoll, a municipality located within Nucces County, desires to use the Radio System developed by City and RTA and being utilized by City, RTA, County, and others; and WHEREAS, the parties desire to allow the City of Driscoll to participate in the Radio Communications System Interlocal Agreement, the original 1991 radio communications system C� agreement allowing for participation by other public entities. NOW, THEREFORE, BE IT AGREED BY THE CITY OF CORPUS CHRISTI, REGIONAL TRANSPORATION AUTHORITY, THE COUNTY OF NUECES AND THE CITY OF DRISCOLL ("Parties"): ARTICLE 1: RIGHTS, DUTIES AND RESPONSIBILITIES OF CITY, RTA, AND COUNTY I. Operate an 800 MHz public safety trunked radio system ("Radio System"). 2. Provide maintenance and support to the Radio System. 3. Provide radio and equipment specifications to Driscoll. 4. Provide or assign one Call Group on the Radio System for Driscoll Police Department for law enforcement use. Page 1 of 6 ARTICLE 2: RIGHTS, DUTIES AND RESPONSIBILIITIES OF DRISCOLL 1. Purchase or lease radios and equipment through the vendor contracted by City, RTA, and County which are compatible with the Radio System and conform to the specifications provided by City, RTA, and County. 2. Pay the maintenance and user fees to the City, RTA, and County for each radio that is added or supported by the Radio System. 3. Provide hardware maintenance and technical support for radios and equipment owned by Driscoll. 4. Maintain and provide City, RTA, and County with a current and an updated list of all radios that Driscoll uses and are supported by the Radio System. 5. Pay proportionate share of maintenance and insurance costs for the backbone of the Radio System. ARTICLE 3: TERM AND TERMINATION This Agreement shall begin on the final date of execution by all parties for an initial term of one (1) year and automatically renew annually without further action of the parties. The City's City Manager, or his designee, is authorized to execute any and all subsequent renewals and amendments to this Agreement on behalf of the City, unless otherwise prohibited by law. This Agreement may be terminated at any time by any party upon ninety (90) days written notice to the other three parties. ARTICLE 4: PAYMENT AND CURRENT REVENUE A. Payment shall be made by Driscoll within thirty (30) days from receipt of the City, RTA, and County's request for expenses incurred in the performance of this Agreement. Any payment made by Driscoll for any of the services provided pursuant to this Agreement shall be made out of current revenues available to Driscoll as required by the Texas Interlocal Cooperation Act. B. Fees for system participation and maintenance to be paid by Driscoll are as follows: A one -time start up fee of $562 per radio System annual service fees: $124.08 per radio per year (beginning the second year of service) System monthly maintenance fees: (Number of Units x Rate per Unit) Control Units: Units x $14.99 Mobile Units: Units x $5.63 Portable Units: Units x $5.63 "Control units" include land -based radios in offices; "mobile units" include radios in vehicles; and "portable units" include radios carried on the officer. "Year," as used in this article, means the period beginning on the final execution date of this Agreement and concluding 365 days later. Page 2of6 C. Within 10 days of the final execution date of this Agreement, Driscoll shall determine the number of radios and total count of units to be added to the Radio System and notify the City, RTA, and County of same. Once the radios and units are active in the Radio System, the one- time start up fees for radios placed into service and the initial month's unit maintenance fees will be billed to Driscoll. At the beginning of each remaining month this Agreement is in force, Driscoll shall be invoiced for the previous month's monthly maintenance fees. Payment of the annual service fees is due, in advance, beginning on the first anniversary of the final execution date of this Agreement and on every yearly anniversary date thereafter. Driscoll may, but is not required to, pay the monthly maintenance fees in advance for any period of time up to 12 months or the annual anniversary date of the execution of this Agreement, whichever period occurs first in time. D. In the event of an early termination of this Agreement, any unearned funds paid to the City, RTA, and County by Driscoll will be refunded within 30 days of the termination date of the Agreement. A written final accounting will be provided to Driscoll along with the remittance payment. ARTICLE 5: LIABILITY Each party to this Agreement will be responsible for any civil liability for its own actions under this Agreement, except that nothing in this Agreement shall constitute a waiver or limitation on any immunity, defense, or other protection afforded either party under state or federal law. The liability, if any, of either party, shall be that prescribed by the laws of the State of Texas. ARTICLE 6: SEVERABILITY If any portion of this Agreement, or the application thereof to any person or circumstances, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of the Agreement shall not be affected thereby and shall continue to be enforceable in accordance with its terms. ARTICLE 7: NOTICES Notices allowed or required under this Agreement shall be addressed to and sent to the parties as indicated below, unless such address is changed by written notice to such effect, and any notice shall be effective when deposited in the U.S. mail, postage prepaid, certified, return receipt requested. CITY: City Manager 1201 Leopard Street Corpus Christi, TX 78401 with a copy to: Chief of Police Corpus Christi Police Department 321 John Sartain Corpus Christi, TX 78401 Page 3 of 6 RTA: Chief Executive Officer Regional Transportation Authority 5658 Bear Lane Corpus Christi, TX 78405 COUNTY: County Judge Nueces County Courthouse 901 Leopard Street, Room 303 Corpus Christi, TX 78401 DRISCOLL: Mayor City of Driscoll 130 E. Avenue D / P. D. Box 178 Driscoll, TX 78351 178351 -0178 ARTICLE 8: LAW AND VENUE All parties shall comply with all applicable federal, State, county and local laws, ordinances, rules, and regulations pertaining to this Agreement and each party's respective performance hereunder. This Agreement will be interpreted according to the Texas laws which govern the interpretation of contracts. Venue for an action arising under this Agreement shall lie in Nueces County, Texas, and be in accordance with the Texas Rules of Civil Procedure. ARTICLE 9: ENTIRE AGREEMENT AND WRITTEN AMENDMENT 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. No officer or employee of any of the parties may waive or otherwise modify the limitations in this Agreement, without the express action of the governing body of the party. ARTICLE 10: ASSIGNMENT AND SUCCESSORS This Agreement shall be binding on and inure to the benefit of the parties to the 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. This Agreement does not create any personal liability on the part of any officer or agent of the City, RTA, County or Driscoll or any of their respective officers, agents, or employees. ARTICLE 11: NON-WAIVER Failure of any party to this Agreement to insist on the strict performance of any of the conditions or agreements herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver of the right to insist on, and to enforce by any appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. Page 4 of 6 ARTICLE 12: NO WAIVER OF IMMUNITY No party to this Agreement waives or relinquishes any governmental, official, or other immunity or defense on behalf of itself, its officers, employees, and agents as a result of its execution of this Agreement and performance of the covenants contained herein. ARTICLE 13: NO THIRD PARTY BENEFIT This Agreement and all activities under this Agreement are solely for the benefit of the parties and not the benefit of any third party. ARTICLE 14: WARRANTY This Agreement has been officially authorized by the governing body of each party, and each signatory has full authority to execute the Agreement and to legally bind their respective party to this Agreement. ARTICLE 15: CONTINUATION OF PROVISIONS This Agreement amends the existing Radio Communications System Interlocal Agreement and the Radio System Participation Agreement (which is the first amendment to the Radio Communications System Interlocal Agreement) to the extent necessary to allow the City of Driscoll to participate and use the Radio Communications System. All other provisions of the Radio Communications System Interlocal Agreement and Radio System Participation Agreement that do not conflict with this Agreement remain in full force and effect and are unchanged by this instrument, by express intention of the parties. EXECUTED in quadruplicate to be effective as of the last execution date set forth below: City of Corpus Christi: ATTEST: Ronald L. Olson City Manager Date: Armando Chapa City Secretary Date: Regional Transportation Authority: Scott Neeley Chief Executive Officer Date: Approved as to form: Carlos Valdez City Attorney Date: Page 5 of 6 County of Nueces: Samuel Loyd Neal County Judge Date: City of Driscoll: Aduilar V7 ATTEST: Approved as to form: Diana T. Barrera County Clerk Date: ATTEST: dlAub,L Isabel Chapa Laura Garza Jimenez Nueces County Attorney Date: Approved as to form: Michael G, Morris City Seer - t City Attorney Date: 1)io 1-5 Date: §7 r, 113 9 L - I Page 6 of 6 Page 1 of 2 Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Calallen Independent School District to provide transportation services for summer youth recreation programs. 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 Calallen Independent School District to provide transportation services for summer youth recreation programs. A copy of the agreement is attached. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: Armando Chapa City Secretary APPROVED: April 24, 2013 Jody Leake, Assistant City Attorney THE CITY OF CORPUS CHRISTI Nelda Martinez Mayor Page 2 of 2 Corpus Christi, Texas of , 2013 The above resolution was passed by the following vote: Nelda Martinez David Loeb Lillian Riojas Mark Scott Kelley Allen Chad Magill Priscilla G. Leal Colleen McIntyre Rudy Garza Jr. INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CALALLEN INDEPENDENT SCHOOL DISTRICT This agreement (Agreement) is entered into between the City of Corpus Christi, a Texas home rule municipal corporation (City), and the Calallen Independent School District (District) for purposes of the Interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended, to achieve efficiency in meeting intergovernmental responsibilities. WHEREAS, the City is sponsoring a summer recreational program for elementary school age children using several of Corpus Christi Independent School District's school campuses, a Calallen Independent School District campus, a Flour Bluff Independent School District school campus; as well as a youth recreation program during the term of this Agreement for school age children, (hereinafter, collectively referred to as the Summer Program); WHEREAS, the City includes travel to various activity sites around the Corpus Christi area as field trips for its Summer Program participants; and WHEREAS, the District agrees to provide to the City a sufficient number of District owned school buses, including school buses accessible as required by the Americans with Disabilities Act ( "ADA "), for a fixed flee of $100.00 per bus and provide District- employed school bus drivers to transport the Summer Program participants from their respective campuses to the various activity sites. NOW, THEREFORE, the City and the District, in consideration of the mutual covenants contained herein, agree as follows: 1. Term. This Agreement begins June 17, 2013 and ends August 9, 2013. 1 2. Services to be provided. District shall provide its District school buses (including ADA accessible school buses) and District - employed school bus drivers as needed by the City for transportation for City Summer Program field trip activities. 3. Consideration. The City shall pay the District $100.00 per bus per round trip. This payment shall: be full compensation to the District for the costs of the school buses, the fuel to run the buses, all maintenance costs for the buses, fleet liability insurance, salary for the bus drivers, and all other related costs and expenses to the District. 4. Billing. The District shall bill the City on a monthly basis. City shall pay the bill within two Fridays after receipt of the bill out of current City revenue. 5. District Bus Maintenance. The District will maintain its buses at its bus maintenance facility during the term of this Agreement as a part of the consideration. 6. District Bus Drivers. The school bus drivers assigned by the District to provide services under this Agreement shall be District employees for all purposes. The school bus drivers are not City employees for any purpose. 7. Coordination. The City's Director of Park and Recreation, or designee, shall place a weekly order with the representative from Calallen ISD, or their designee, for the number of buses needed, the sites at which the buses are needed, the address of the activity to be undertaken from each site, the time at which the buses must arrive at each site to pick up the various program participants, and the time at which the buses must arrive at each activity site to pick up the various program participants to return them to their respective sites. 8. Governmental Service. This Agreement is between the City and the District for the purpose of providing transportation between the various Summer Program, and youth recreation program sites and activity sites. 9. Insurance. District agrees to provide following insurance and name City as additional insured: vehicle liability coverage in limits provided by Texas Tort Claims Act for District of $100,000 per person, $300,000 per occurrence, and $100,000 per occurrence of property damage. District also agrees to provide worker's compensation coverage as required by law. In the alternative if District is self insured, District may provide City Director of Parks and Recreation with a letter confirming self insurance coverage in accordance with applicable law. 2 10. Current Revenue. All money spent for transportation for the Summer Program, and youth recreation program participants through this Agreement must be spent out of currently available revenue of the City and the District. 11. Entirety Clause. This Agreement expresses the entire agreement between the parties. Any modification, amendment, or addition to this Agreement is not binding upon the parties unless in writing and signed by persons authorized to make such agreements on behalf of the respective party. EXECUTED IN DUPLICATE on the day of ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Ronald L. Olson City Manager Approved as to legal form April, 24 2013. By: J y Lee, As tan torney CALALLEN INDEPENDENT SCHOOL DISTRICT By: Cu Name: 4u ro A Yrf Title: o oen ; Date: ( .30?a0I_9� 12013. 3 Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Corpus Christi Independent School District to provide transportation services for summer youth recreation programs. 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 Independent School District to provide transportation services for summer youth recreation programs. A copy of the agreement is attached. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor APPROVED: April 24, 2013 Jody Leake, Assistant City Attorney Corpus Christi, Texas of , 2013 The above resolution was passed by the following vote: Nelda Martinez David Loeb Lillian Riojas Mark Scott Kelley Allen Chad Magill Priscilla G. Leal Colleen McIntyre Rudy Garza Jr. INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT This agreement (Agreement) is entered into between the City of Corpus Christi, a Texas home rule municipal corporation (City), and the Corpus Christi Independent School District (District) for purposes of the Interiocal Cooperation Act, Texas Government Code, Chapter 791, as amended, to achieve efficiency in meeting Intergovernmental responsibilities. WHEREAS, the City is sponsoring a summer recreational program for elementary school age children using several of District school campuses, a Calallen Independent School District school campus and a Flour Bluff Independent School District school campus, and the City also sponsors youth recreation program during the terms of this Agreement for school age children, (hereinafter, collectively referred to as the Summer Program); WHEREAS, the City includes travel to various activity sites around the Corpus Christi area as field trips for its Summer Program participants; and WHEREAS, the District agrees to provide to the City a sufficient number of District owned school buses, including school buses accessible as required by the Americans with Disabilities Act ( "ADA "), for a fixed fee of $2.00 per mile and provide District - employed school bus drivers at fixed rate of $20.00 per hour to transport the Summer program participants from their respective campuses to the various activity sites. NOM, THEREFORE, the City and the District, in consideration of the mutual covenants contained herein, agree as follows: i. Term. This Agreement begins June 17, 2013 and ends August 9, 2013. 1 2. Services to be provided. District shall provide its District school buses (including ADA accessible school buses) and District - employed school bus drivers as needed by the City for transportation for City Summer Program field trip activities. 3. Consideration, The City shall pay the District $2.00 per mile for each mile traveled From the District's bus barn to the activity site and back to the District's bus barn. Additionally, the City shall pay the District for District - employed school bus driver services performed at rate of $20.00 per hour on a prorated basis. These payments shalt be full compensation to the District for the costs of the school buses, the fuel to run the buses, all maintenance costs for the buses, fleet liability insurance, salary for the bus drivers, and all other related costs and expenses to the District. 4. Billing. The District shall bill the City on a monthly basis. City shall pay the bill within two Fridays after receipt of the bill out of current City revenue. 5. District Bus Maintenance. The District will maintain its buses at its bus maintenance facility during the term of this Agreement as a part of the consideration. 6. District Bus Drivers. The school bus drivers assigned by the District to provide services under this Agreement shall be District employees for all purposes. The school bus drivers are not City employees for any purpose. 7. Coordination. The City's Director of Park and Recreation, or designee, shall place a weekly order with the representative from CCISD, or their designee, forthe number of buses needed, the sites at which the buses are needed, the address of the activity to be undertaken from each site, the time at which the buses must arrive at each site to pick up the various program participants, and the time at which the buses must arrive at each activity site to pick up the various program participants to return them to their respective sites. 81 Governmental Service. This Agreement is between the City and the District for the purpose of providing transportation between the various Summer Program, and youth recreation program sites and activity sites, 9. Insurance. District agrees to provide following insurance and name City as additional insured: vehicle liability coverage in limits provided by Texas Tort Claims Act for District of $100,000 per person, $300,000 per occurrence, and $100,000 per occurrence of property damage. District also agrees to provide worker's compensation coverage as required by law. In the alternative if District is self insured, District may provide City 2 Director of Parks and Recreation with a letter confirming self insurance coverage in accordance with applicable law. 10. Current Revenue. Ail money spent for transportation for the Summer Program, and youth recreation program participants through this Agreement must be spent out of currently available revenue of the City and the District. 11, Entirety Clause. This Agreement expresses the entire agreement between the parties. Any modification, amendment, or addition to this Agreement is not binding upon the parties unless in writing and signed by persons authorized to make such agreements on behalf of the respective party. EXECUTED IN DUPLICATE on the day of , 2013. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Ronald L. Olson City Secretary City Manager Approved as to legal form April, 24 2013 By: r Joly-rea e, s grey CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT By. See Attached..Pagp. Name: Title: Date: 3 DISTRICT: CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT P.O. Box 110 Corpus Christi, Texas 78403 -0110 By:.. Date: '5-ltl h, D. I Scott Eiliff, Ed.D. Superintendent of Schools Reviewed and Approved for Purchasing Compliance { SY: 71 A Date: 3I13 Bria r A, C.P.M Directo for Purchasing and Distribution Approved as to Legal Form BY= �f "�' -- Date; r •Z�c� John J. Anssen General Counsel for CCISD Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Flour Bluff Independent School District to provide transportation services for summer youth recreation programs. 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 Flour Bluff Independent School District to provide transportation services for summer youth recreation programs. A copy of the agreement is attached. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor APPROVED: April 24, 2013 Jody Leake, Assistant City Attorney Corpus Christi, Texas of , 2013 The above resolution was passed by the following vote: Nelda Martinez David Loeb Lillian Riojas Mark Scott Kelley Allen Chad Magill Priscilla G. Leal Colleen McIntyre Rudy Garza Jr. INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND FLOUR BLUFF INDEPENDENT SCHOOL DISTRICT This agreement (Agreement) is entered into between the City of Corpus Christi, a Texas home rule municipal corporation (City), and the Flour Bluff Independent School District (District) for purposes of the Interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended, to achieve efficiency in meeting intergovernmental responsibilities. WHEREAS, the City is sponsoring a summer recreational program for elementary school age children using several of Corpus Christi Independent School District's school campuses, a Calallen Independent School District school campus, Flour Bluff Independent School District campus during the term of this. Agreement for school age children, (hereinafter, collectively referred to as the Summer Program); WHEREAS, the City includes travel to various activity sites around the Corpus Christi area as field trips for its Summer Program participants; and WHEREAS, the District agrees to consider requests to provide to the City a sufficient number of District owned school buses, including school buses accessible as required by the Americans with Disabilities Act ( "ADA "), for a fixed fee of $4.78 per mile to transport the Summer Program participants from their respective campuses to the various activity sites; NOW, THEREFORE, the City and the District, in consideration of the mutual covenants contained herein, agree as follows: 1. Term. This Agreement begins June 17, 2013 and ends August 9, 2013. 2. Services to be provided. District shall review and consider requests to provide its District school buses (including ADA accessible school buses) and District - employed school 1 bus drivers as needed by the City for transportation for City Summer Program field trip activities. Transportation requests will be considered on a trip by trip basis dependent on the availability of buses and staff. 3. Consideration. The City shall pay the District 4.78 per mile for each mile traveled from the District's bus barn to the activity site and back to the District's bus barn. This payment shall be full compensation to the District for the costs of the school buses, the fuel to run the buses, all maintenance costs for the buses, fleet liability insurance, salary for the bus drivers, and all other related costs and expenses to the District. 4. Billing. The District shall bill the City on a monthly basis. City shall pay the bill within two Fridays after receipt of the bill out of current City revenue. 6. District Bus Maintenance. The District will maintain its buses at its bus maintenance facility during the term of this Agreement as a part of the consideration. 6. District Bus Drivers. The school bus drivers assigned by the District to provide services under this Agreement shall be District employees for all purposes. The school bus drivers are not City employees for any purpose. 7. Coordination. The City's Director of Park and Recreation, or designee, shall place a weekly order with the representative from Flour Bluff ISD, or their.designee, for the number of buses needed, the sites at which the buses are needed, the address of the activity to be undertaken from each site, the time at which the buses must arrive at each site to pick up the various program participants, and the time at which the buses must arrive at each activity site to pick up the various program participants to return them to their respective sites. Transportation requests will be placed no later than seven days prior to date of departure. 8. Governmental Service. This Agreement is between the City and the District for the purpose of providing transportation between the various Summer Program and youth recreation program sites and activity sites. 9. Insurance. District agrees to provide following insurance and name City as additional insured: vehicle liability coverage in limits provided by Texas Tort Claims Act for District of $100,000 per person, $300,000 per occurrence, and $100,000 per occurrence of property damage. District also agrees to provide worker's compensation coverage as required by law. In the alternative if District is self insured, District may provide City Director of Parks and Recreation with a letter confirming self insurance coverage in accordance with applicable law. 2 10. Current Revenue. All money spent for transportation by the City for the Summer Program, Weed and Seed, and youth recreation program participants through this Agreement must be spent out of currently available revenue of the City and the District. 11. Entirety Clause. This Agreement expresses the entire agreement between the parties. Any modification, amendment, or addition to this Agreement is not binding upon the parties unless in writing and signed by persons authorized to make such agreements on behalf of the respective party. EXECUTED IN DUPLICATE on the ATTEST: Armando Chapa City Secretary day of , 2013. CITY OF CORPUS CHRISTI Ronald L. Olson City Manager Approved as to legal form April, 24 2013. By: .to Leal , As istant ney FLOUR BLUFF INDEPENDENT SCHOOL DISTRICT By: COQ *Lffnk Name: n A(-. AA (f(c) cM Title: "L Date: - 3 0 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 28, 2013 1852 Action Item for the City Council Meeting of June 11, 2013 DATE: May 10, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3494 CCISD Interlocal Agreement for 2013 Summer Food Program CAPTION: Resolution authorizing the City Manager or designee to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District to provide summer food services for summer recreation. PURPOSE: To allow the Corpus Christi Independent School District to provide summer food services for the 2013 Summer Food Program. BACKGROUND AND FINDINGS: The Corpus Christi Independent School District has provided summer food services for the Summer Food Program in previous years. ALTERNATIVES: Do not approve agreement. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council's action is required for a grant agreement. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal; Accounting; Budget FINANCIAL IMPACT Operating /Revenue Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 1 1250,000 1 1 2507000 BALANCE 1 12507000 1 1250700 0 Fund(s): Grant Fund 1067 Comments: No local grant match required. RECOMMENDATION: Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Resolution, Interlocal Agreement Page 1 of 1 Resolution authorizing City Manager, or designee, to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District to provide summer food services for summer recreation. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District to provide summer food services for Summer Recreation. A copy of the Agreement is on file in the City Secretary's Office. ATTEST: Armando Chapa City Secretary Corpus Christi, Texas of CITY OF CORPUS CHRISTI Nelda Martinez Mayor 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 Page 1 of 3 INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT This agreement (Agreement) is entered into between the City of Corpus Christi, a Texas home -rule municipal corporation (City), and the Corpus Christi Independent School District (District) for purposes of the Interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended, to achieve efficiency in meeting intergovernmental responsibilities. WHEREAS, the City is sponsoring summer recreational programs for children from June 17, 2013, to August 9, 2013, at which food will be served (Summer Food Program); and WHEREAS, the District agrees to provide unitized lunch and snack meals, inclusive of milk and juice (hereinafter collectively referred to as Meals), to the City for a fixed fee. NOW, THEREFORE, the City and the District, in consideration of the mutual covenants contained herein, agree as follows: 1. Term. This Agreement begins June 17, 2013 and ends August 9, 2013, 2. Consideration. The City shall pay the District $3.10 per lunch meal and $.76 per snack meal. 3. Billing. The District shall bill the City on a monthly basis for all Meals provided to the City. The City shall pay the bill within two Fridays after receipt of the bill out of current City revenue. 4. Nutritional Assurances. The District assures that each Meal will meet the minimum nutrition value and content requirements, in accordance with the Texas Department of Agriculture FY 2013 Summer Food Service Program regulations. 5. Recordkeeping. A. The District must maintain full and accurate records including, but not limited to, the following: 1. Menu records (Menu Records), including the amount of food prepared; and 2. Meal records (Meal Records), including the daily number of Meals delivered by type. B. The District must provide monthly reports of Menu Records and Meal Records to the City's Director of Programs, or designee, within ten business days following the end of each month during which Meals are provided. Page 2of3 C. The District must retain the Menu Records and Meal Records for 3 years and 90 days, or so long as an audit is in progress. The District must make all records and accounts pertaining to this Summer Food Program available to representatives of the United States Department of Agriculture and the General Accounting Office for audit or administrative review at a reasonable time and place. 6. Food Service Operations. The District will maintain its food service operations at the District's facility during the term of this Agreement as a part of the consideration. 7. Workers. The food service workers will continue to be the District's employees for the term of this Agreement and, therefore, subject to the District's board policies and regulations. Their salaries and benefits, if any, will be paid out of the City's consideration payments set out above. B. Coordination. The City's Director of Parks and Recreation, or designee, shall place a weekly order with Jody Houston, the District's appointed representative, or designee, for the number of Meals by type needed, the sites at which the Meals are needed, and the time at which the Meals must arrive at each site. 9. Governmental Service. This Agreement is between the City and the District for the purpose of providing Meals for the Summer Food Program sites and activity sites and is not for the benefit of any third party or individual. 10. Current Revenue. All money spent for this Summer Food Program through this Agreement must be spent out of currently available revenue of the City and the District. 11. Entirety Clause. This Agreement expresses the entire agreement between the parties. Any modification, amendment, or addition to this Agreement is not binding upon the parties unless in writing and signed by persons authorized to make these agreements on behalf of the respective party. EXECUTED IN DUPLICATE on the CITY OF CORPUS CHRISTI ATTEST: Armando Chapa City Secretary Approved o O'C'14 —A __CA Lisa Agui*) Assistant City Attorney for the City Attorney day of CITY OF CORPUS CHRISTI Ronald L. Olson City Manager K1193 Page 3 of 3 CARPUS CHRISTI INDEPENDENT SCHOOL DISTRICT By: -� Name: Scott Elliff Ed.D Superintendent Date: Approved as to legal form By, IrAff vt = Name. John Janssen, General Counsel for CCISD Date: V -4 I �r t/g/ By: Name: Eva FTSBA, C.P.M. Director for Purchasing Date: /,9 0 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 28, 2013 1852 Action Item for the City Council Meeting of June 11, 2013 DATE: May 10, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3494 Use of Permanent Art Trust funds to complete sculpture installation CAPTION: Motion to approve expenditure up to $20,000 of Permanent Art Trust Fund for expenses related to installation of Gron art sculpture at Corpus Christi Police Department. PURPOSE: To approve Arts and Cultural Commission's recommendation to use Permanent Art Trust Funds for the installation of a sculpture by Jack Gron at the Downtown Police Station. BACKGROUND AND FINDINGS: In October 2010, City Council approved the purchase of a sculpture created by artist Jack Gron funded with Percent for Art program dollars from the Police Station CIP Bond Fund 3340. Originally, the sculpture was to be installed directly onto the exterior wall of the building, but due to structural issues, the bronze and aluminum sculpture needed to be mounted to a specifically designed `wall' that would be fabricated locally. As per municipal code, disbursements from the Permanent Art Trust Fund are recommended by the Arts and Cultural Commission to the City Council for approval by motion. The Arts and Cultural Commission voted to recommend using Permanent Art Trust funds to fund the fabrication of the free - standing wall to complete the Gron sculpture installation at their December 11, 2012 meeting. ALTERNATIVES: Do not approve funding request. General funds would be used to complete sculpture installation. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council action is required for use of Permanent Art Trust funds. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal; Accounting; Budget FINANCIAL IMPACT: Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 20,000 20,000 Encumbered / Expended Amount This item BALANCE 20,000 20,000 Fund(s): Community Enrichment Fund 4720 Comments: none RECOMMENDATION: Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Attachment — Installation of Gron sculpture Attachment Installation of Free - Standing Wall for Jack Gron sculpture Police Department Building April 2013 SMALL. CONSTRUCTION CONTRACT AGREEMENT _._._ .. .................................... ......._...._.........._...... . _..... __..._.._ _ ... _.._ .. .. _ THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES This CONSTRUCTION AGREEMENT is between the City of Corpus Christi, a Texas home -rule municipal corporation ( "CITY"), acting through its duly authorized City Manager or designee, the Director of Engineering Services or City Engineer, and GOURLEY CONTRACTING ( "CONTRACTOR"), acting by and through its duly authorized representative, James Gourley, Owner. The parties agree as follows: W ITN ESSETH: 1. CONTRACTOR shall construct and complete certain improvements in accordance with the plans and specifications described in Exhibit "A" (attached and incorporated herein), perform all work as provided in said plans and specifications, and do such additional work as may be considered necessary to complete the work in a satisfactory and acceptable manner (the "Work "). The CITY- reserves the right to make such changes in the plans and specifications and in the character of the work as. may be necessary or desirable. Authorization for all changes must be made in writing. The CONTRACTOR shall furnish all labor, tools, material, machinery, equipment and incidentals necessary to the prosecution of the Work unless otherwise provided by the written terms of the plans and specifications. 2. The work described in Exhibit "A" shall be completed within 100 Calendar Days of Notice To Proceed. 3. In consideration of the completion of the above - described Work, the CITY agrees to pay to CONTRACTOR the lump sum amount of $17 &A%2Q SEVENTIEEN THQU.SAND EIGHT HUNDRED AND I T for City !LqLqgt- ftofn SCUlptutre ingtallation. Said payment shall be conditioned upon the acceptance of the work by the "CITY" as certified by its final inspection following the receipt of notice from the "CONTRACTOR" that the work is completed and ready for acceptance. Upon completion of work and before acceptance and final payment is made, the "CONTRACTOR" shall clean and remove from the work site all surplus and discarded materials, temporary structures, and debris of every kind in order to leave the work site in a neat, orderly condition, equal to that which originally existed. The "CONTRACTOR shall submit a notarized affidavit that bills for all labor, equipment, materials and supplies associated with the project have been paid before final payment is released. Agreement Page 1 of 4 4. All work shall be performed in a workmanlike manner and to the satisfaction of the CITY. The CITY -shall determine-the quality-and acceptability of materials furnished, work performed, manner of performance, rate of progress of the Work, sequence of construction, and interpretation of the plans and specifications. S. The CONTRACTOR agrees to comply with all insurance requirements as contained in Exbibit "B" (Insurance Requirements) and Notice To Contractors B (Worker's Compensation Coverage for Building or Construction Projects for Government Entities). 6. The CONTRACTOR shall, at all times, observe and comply with City, federal, state and county laws, ordinances or regulations which in any manner affect the conduct of the Work. The CONTRACTOR shall be responsible for procuring all legally required building, plumbing, electrical and other permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the Work, unless otherwise provided by the written terms of the plans and specifications. 7. The CONTRACTOR shall furnish the CITY a Payment Bond equal to 1000/0 of the total contract amount, guaranteeing the full and prompt payment of all claimants supplying labor or materials in the prosecution of the Work provided for in this contract, and for the use and protection of each claimant. A Payment Bond will not be required if the agreement amount does not exceed $25,000.00. If the award amount exceeds $25,000.00, a Payment Bond will be required, The Payment Bond will be for 100% of the total amount awarded. The Power of Attorney submitted with the Payment Bond will be one with original (wet) signatures or a certification of Power of Attorney signed by an officer of the surety, which will also be accepted. The surety company must designate a local resident agent in Nueces County. A bond that is given to the City under this contract must be executed by a surety company that is authorized and admitted to write surety bonds in the State of Texas. S. This Agreement or the Work provided may not be assigned or subcontracted by CONTRACTOR without the written permission of the CITY, Agreement Page 2 of 4 EXHIBIT A _ .. ................. .. STATEMENT. OE.. WORK. ..... _...._... _..... _.._ ......._ _ .._._ ..... . To provide labor and materials for pouring one concrete foundation with 2 holes approximately 36" wide for post on freestanding wall. To provide labor and materials for fabrication of one (1) steel tube sign frame Hot Dipped Galvanized with 1/4" Powder coated (Standard Color) mounting plate. To provide labor and equipment to deliver and install sculpture piece at 321 John Sartain St, Corpus Christi, Texas. PERMITS & FEES K6111140 $ 144.00 FOUNDATION 3,581.00 2 Holes approx. 36" wide for post on free standing wall Includes: Mobilization, labor, equipment and materials. Cut out of 6" sidewalk. METALS METAL FABRICATIONS 11,839.00 Furnish labor and materials for fabrication of one (1) Steel tube sign frame Hot Dipped Galvanized with 1/4" Powder coated (standard color) mounting plate. DELIVERY AND INSTALLATION 1,292.00 Provide Labor and Equipment to Deliver and install Sculpture piece. ENGINEERING FEE TOTAL Agreement Page 4 of 4 — -0i- - -i $ 17,838.00 Exhibit 8 N URA C IREM M ...... . IIV TAt TIO T CTOR'S L A81 ITY I ill NCE. A. Installation Contractor must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Installation. Contractor must not allow any subcontractor to commence work until all similar insurance-required -of the subcontractor has beon'so obtained. B. Installation Contractor must furnish to the City's Disk Manager, two (2) copies of Certificates of Insurance with applicable policy endorsements; showing the fallowing minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General liability policy. A Waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGR SO -Day Notice of Cancellation requirod on all Bodily Injury and property Damage certificates or by applicable policy endorsements Per occurrence - aggregate Commercial General Liability Including: $1,000,000 COMBINED SINGLE LIMIT 1. Commercial Broad Form 2. Promises— Operations 3. Products/ Completed. Operations 4. Contractual Liability 5. Independent Contractors 0. Porsonal Injury 1 Advertising Injury Automobile Liability $500,000 COMBINED SINGLE LIMIT 1. Owned Vehicles 2. Hired & Non -owned vehicles Installation Floater For value of sculpture, lighting, pedestal and walkway Applicable while on city property WORKERS' COMPENSATION WHICH COMPLIES WITH THE TEXAS WORKl~RS' COMPENSATION AOT ANI) SECTION II OF THM EXHIBIT EMPLOYERS' LIABILITY $600.0001$600.000/$600,000 C. In the event of accidents of any kind, the Contractor must furnish the Risk Manager with copies of all reports of any accidents within ten (10) days of any accident. 5 ADDITIONAL. REQUIREMENT A. ont ,ctar must .obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy with endorsements approved by the Teaaa$ Department of insurance. The coverage provided must be in amounts sufficient to "bssure -that till workers' carnpsnsatiori x bligatiaris ihbiirr6d Will ' ber ort thotly met. B. Contractor's financial Integrity is of interest to the City; therefore, subject to Contractors right to maintain reasonable deductibles in such amounts as are approved by the City, Contractor shall obtain and maintain In full force and efFerzt for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no leas than A- Vll. C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and ail endorsements thereto as they apply to the limitc 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 pollcies). Contractor 'shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 76169 -9277 (361) 926.4555- Fox tip D. Contractor agrees that with respect to the above roquilmd Insurance, all Insurance policies are to contain or, be endorsod to contain tho-following required provielonq: « 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; Ft .. • 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, end 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, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse In coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. R In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and /or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. C. Nothing herein contained shall be construed as limiting In any way the extent to which Contractor 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. H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any Insurance or self insurance cardod by the City of Corpus Christi for liability arising out of operations under this agreement. ' It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreetrrent. 7 Jack Gron Sculpture - Installation Bids Jan -13 Industrial Fabricators Attn: Tom Painschab 300 Fabrication of sign & does not McBride Lane Corpus $11,375 12 weeks N include Christi, 78408 ph: 361- delivery to site setting of 289 -0901 1wall Medina Construction 525 Does not Giaxebrook Ste. D Corpus Drilling, Concrete & Labor $8,580 N include Christi, 78404 ph /fax: 361- fabrication of 334 -4376 sign Texas Ripe Fabricators attn: David Eden 709 Request for bid sent High Starr Drive Corpus 12/26/2bid No Response N Christi, 78469 ph: 361 -882 5541 Melissa Wheaton 410 S. Enterprise Parkway Request for bid sent Corpus Christi, 78405 ph: 12/27/2012 No Response Y 361- 299 -1801 fax: 361 - 299 -1804 NCI • �w"��� o ro4,�.- � ✓�u.ed 4.s � S+�e�.( -1 C� s'lr�c�,`�. �,n,k -►•mot �� art �F � � , 2.7� • ® o �t �t 4ip �L ti. sw fia go 2 -4 a U ►ten w cn Q l"A 9 W-1) �i 2001100' 9559 fi9B L9f±f 0 6UIPUJIu0j-- A0 fan00 X E L C LOV001 L 0 Ch r1 r� � w ` (Y) a U ►ten w cn Q l"A 9 W-1) �i 2001100' 9559 fi9B L9f±f 0 6UIPUJIu0j-- A0 fan00 X E L C LOV001 L 0 1x4X X e�{�nrrlSr"rie�er Ctirlire,� i�Irrts�l, :l'c►,�rtts 6+1144 S �A44 J, 01 W el, l� �City Sculpaire (itl'neral Notov: 1. All struatixral steal members shall have a minimum ykeld etrrsngth of 30 kal unlesv noted otherw#ge, 2, All Welded ooniaeotrialzs oball lleLve a strangth At 115ast equoil to the f4 eAgth of tote Individual nxraxx7.beir urxlese otherwise approved by engineer. a, All cowarete usod for the foundation shall h,%ve a minithum oompressive strength of 3001D get. C All Anembers, bolt *, nuts. etc must be galvartized. ra ZOolzoerd 9595 MR 1900 Oulja11aj1jeg'"rtelana9 gg:Sl SIOZ1V41LO r r % "lx a Halts •Weld or Veit RAW � dancing r 41 � 1• AM x i-g arn�g "x4° lta�dzanlnl ! i 1 '; s' 4 a P4ctalar �• U "Xd "lt.iiR�° R64temole TOP, COAL " p't VA" xhra DOW 6 *1 x O.ps-' w 10! die., �rmtvtmvnw�tswYnaeunxvsct�br . h +rsnx�,�gw��v��m � w w1m1,Y A y b ' 'M6" (Min) P i J, a , A (itl'neral Notov: 1. All struatixral steal members shall have a minimum ykeld etrrsngth of 30 kal unlesv noted otherw#ge, 2, All Welded ooniaeotrialzs oball lleLve a strangth At 115ast equoil to the f4 eAgth of tote Individual nxraxx7.beir urxlese otherwise approved by engineer. a, All cowarete usod for the foundation shall h,%ve a minithum oompressive strength of 3001D get. C All Anembers, bolt *, nuts. etc must be galvartized. ra ZOolzoerd 9595 MR 1900 Oulja11aj1jeg'"rtelana9 gg:Sl SIOZ1V41LO FAR • Y�t AGENDA MEMORANDUM Future Agenda Item for the City Council Meeting of May 28, 2013 Action Agenda Item for the City Council Meeting of June 11, 2013 DATE: May 13, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 RESOLUTION SUPPORTING Harbor Bridge Replacement Project AGENDA CAPTION: Resolution in support of the Texas Department of Transportation's project to replace the Harbor Bridge and the Corpus Christi Metropolitan Planning Organization's commitment to provide certain project funding. PURPOSE: The purpose of this Agenda Item is to support the TxDOT and Corpus Christi Metropolitan Planning Organization's commitment to provide funding for the replacement of the Harbor Bridge. BACKGROUND AND FINDINGS: A 2003 Feasibility Study conducted by TxDOT has determined that the Harbor Bridge, which spans the Corpus Christi Ship Channel at U. S. 181 concluded that it must be replaced to provide for a safe and efficient transportation corridor. ALTERNATIVES: 1. Approve the Resolution in support of the TxDOT and Corpus Christi Metropolitan Planning Organization. 2. Do not approve the Resolution in support of the TxDOT and Corpus Christi Metropolitan Planning Organization. OTHER CONSIDERATIONS: Not applicable. K: \ENGINEERING DATAEXCHANGE\LYNDA \HARBOR BRIDGE\AGENDA MEMO - HARBOR BRIDGE REPLACEMENT. DOCX CONFORMITY TO CITY POLICY: This Resolution conforms to the City's Charter. EMERGENCY /NON- EMERGENCY: Not applicable. DEPARTMENTALCLEARANCES: Not applicable. 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 support the Texas Department of Transportation and Corpus Christi Metropolitan Planning Organization's commitment to provide funding for the replacement of the Harbor Bridge. LIST OF SUPPORTING DOCUMENTS: Location Map Resolution K: \ENGINEERING DATAEXCHANGE\LYNDA \HARBOR BRIDGE\AGENDA MEMO - HARBOR BRIDGE REPLACEMENT. DOCX Resolution in support of the Texas Department of Transportation's project to replace the Harbor Bridge and the Corpus Christi Metropolitan Planning Organization's commitment to provide certain project funding. WHEREAS, the Texas Department of Transportation (TxDOT) has determined that the Harbor Bridge, which spans the Corpus Christi Ship Channel at U.S. 181, must be improved to maintain a safe and efficient transportation corridor; WHEREAS, a Feasibility Study completed by TxDOT in 2003 concluded that U.S. 181 and the Harbor Bridge must be improved to maintain a safe and efficient transportation corridor; WHEREAS, TxDOT has determined that the Harbor Bridge has safety issues associated with the lack of shoulders, steep grade, a reverse curve, and an accident rate that is higher than the statewide average; WHEREAS, the Harbor Bridge also has high maintenance costs; WHEREAS, the Harbor Bridge provides no acceptable access for those on foot or on bicycles; WHEREAS, the Harbor Bridge's 138 feet of navigational clearance, which met World War II standards when it was built, makes it difficult for the City of Corpus Christi and the Port of Corpus Christi to compete with other Gulf Coast deep water ports because of larger ship sizes today; WHEREAS, a new bridge would improve safety, thereby reducing accident rates, provide better opportunities for moving people and goods (including military equipment and Port of Corpus Christi assets) throughout the region, provide adequate capacity to meet future traffic demand, and provide greater economic development opportunities for the City of Corpus Christi; WHEREAS, the Corpus Christi Metropolitan Planning Organization (MPO) is authorized by law to commit future projected transportation project funding allocated to the urbanized area; WHEREAS, the MPO's Transportation Policy Committee (TPC), comprised primarily of local elected officials and tasked with developing plans for a multimodal system within the urbanized area, provides a forum authorized to make cooperative decisions on transportation on behalf of the MPO; WHEREAS, on May 2, 2013, the MPO and its TPC adopted a resolution (attached as Exhibit "A ") to provide funding for the replacement of the Harbor Bridge, and committed future projected transportation project funding allocated to the urbanized area; KAEngineering Data Exchange \Lynda \Harbor Bridge \Resolution Harbor Bridge (City).docx WHEREAS, the City of Corpus Christi supports the MPO's adopted resolution, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City of Corpus Christi supports the Texas Department of Transportation (TxDOT) in its efforts to replace the Harbor Bridge and improve U.S. 181 in order to maintain a safe and efficient transportation corridor for the Corpus Christi Bay Area. Section 2. The City of Corpus Christi supports the Corpus Christi Metropolitan Planning Organization (MPO) in its commitment to provide Category 2 and Category 7 funding over Fiscal Years 2017 — 2019 totaling $31,890,000 million for the replacement of the Harbor Bridge, as described in the Resolution adopted by the MPO's Transportation Policy Committee on May 2, 2013 (attached as Exhibit "A„ Section 3. The City of Corpus Christi intends to participate, to the maximum extent possible, in TxDOT's efforts to replace the Harbor Bridge. Section 4. The City of Corpus Christi intends to work with TxDOT to replace the Harbor Bridge as soon as possible. Section 5. This resolution becomes effective immediately upon its adoption. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Nelda Martinez Mayor KAEngineering Data Exchange \Lynda \Harbor Bridge \Resolution Harbor Bridge (City).docx 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 KAEngineering Data Exchange \Lynda \Harbor Bridge \Resolution Harbor Bridge (City).docx Corpus Christi Metropolitan Planning Organization RESOLUTION TQ PROVIDE PUND|N43 FOR THE REPLACEMENT OF THE HARBOR BRIDGE WMERIEAS,The Te�6s Department of 'Transportation in cooperation with the Federal Highway Administration proposes to replace theexluhng Corpus Christ! Harbor Bridge And improve the approach roadways along UG181 and SH20(tand, WHEREAS, the existing Harbor Bridge is a six lane structure with no, shoulders,., and. VVHEH8AS, the bridge currently has 188-fuui vertical clearance for mwWng water vessels within the Corpus QhrNti inner harbor: and, WHEREAS, the proposed project is needed to address several long-term concerns including: in l | 0 the long-term operation of US 181 crossing the Corpus OhHod Ship Channel and the e||m|Vu(|pn of safety risks caused hy design deficiencies: and, WHEREAS, Th.eUoryue Christi Metropolitan Planning Organization (KAPO)Is authorized by law to commit future projected transportation pndect(undioge||noat*dtothoorbanizedmroa:mod. WHEREAS, the MPO is tasked with developing plans for a mullirnodal system within the urbanized area: and, WHEREAS, the W1PO has had. and will continue to have, a representative m|o in the deva|opment of the urbanized area: and, WHEREAS, (haTmaueporiakhn Policy Committee OJzC\ comprised primarily of kouo| elected pU|oiMo^ and has been and continues tobea forum for cooperative decisions ontransportation; NOW, THEREFORE, 8E IT RESOLVED BY THE TRANSPORTATION POLICY COMMITTEE OF THE -' CORPUS CHRISTI METROPOLITAN PLANNING ORGANIZATION THAT: {bectil��� ' Commission approved 2013 Unified Transportation Program (U|P) for Category 2 and Category 7: ae [on P- These funds.are follows" I Fiscal Year - M3 UTP for fiscal Vears as 2017 $(jlu;ju,uuu 4' o,00V,VuV 2019 '0 M3,5001000 $ 13,500000 Section 3, k-N' ��mNteo � � ��TP���n�h�n� shall be incorporated Into the appropriate Transportation Improvom*ni Program \o 000una Wm uw� ofthosebndxhxthoHad»orBddgeRaplaoemortPnojeot. �i�octhon 4. The Transportation Planning Director for MPO is authorized to enter in any agreements with TxDOTto pledge the use �i those projected funds for the Harbor Bridge Replacement Project. SectioD 5 This resolution shall bein effect, immediately upon its adoption. I hereby certify that this resolution was adopted hythqTransportation Organization on May 2, 2013. Q0 vs 10 Coun J id San PaldeRxoun't'y" RESOLUTION ADOPTED BY THE METROPOLITAN PLANNING ORGANIZATION MAY 2, 2013 EXHIBIT "A" File : \Mproject\councilexhibits\ exh —bridge r,�rnlsrnts ,;Zrr sr i'f/ in rr 0 ``b "err y1t /Y tYfrrs': s� ?/l�'n s,s t�h< r.:j rlr �/ " " -" /FAYf ;s a p .l r f/ /r ✓ `/< r /� : l/ c t�f �', 4 ri �- z h f a' r �� t �:F2� ?� ✓sf. iy f. �'<��, i ,� r>�. r�„ f r t ors "rYASi`'�ts�� �' � ��h4r � i`�`�r. ���tr r t � sYn� � t :, f'� 4 '� r�r�l #�. %i yt ?.? _ "' <I / }a��,"��`S/ h � : u ,,mi�ly� �$ r��n��s;' tit ��% 5�'s�` . s u sr✓s; r,,.,, h <?r . � r r // r/rt ` ��>�� I. ty>f�'Yf &'63 -���J �ffffffzzzzzz������,,,,, s1 &xu"f,:.C'�r' ..f >, � ,= 5 n =:'S, ;`.€i r% r=^„�•a T t�/ 1 n ,e.= . r.. ,.;},;' ?���fsa . ✓st<"f�s�sr f..nxZrr- fr. � c r�j . €3., '/ ss .` -" .�.. >;,r / / /t.' / . > /� t', �rt •5�, yl�,�s�u��t/r y ,rr� ;, „?�,1�r�<s y yf . c �x � r >?5Y�35Ny %(' �ss:� > a�ll'��, �, s`, r �a." .l ��r���n z rer.YE� nr ��� S✓ `i jr`tsy��%', ",�T: i,5;3���s/,,.:;? tan r s ss � � }ff f ar rf..�is�r'. ;!^'r��3" i' d � s �,rf� / ?>�n 1 sn " <&. n'`r.�rY 'e` 9 ' Ss„�=�,t�t ...: {`l%? <r r✓ � 1~ S #Y .tyE .^ I f t. . { �� y r.= : r r,�� �F / f 4 =�cfi � r s s 3 r}) t l Z �t �,. Z, ✓ � ' f �° � s r'� /rr /y` �� �nt '.. r,. ���/ jl 31r i' �h�s��sYTt f. `:Y" �}�,%h _✓�� r� ✓ :srrr'lr ys.ixt? � {�'F�i rZa � S�Yr,�t ✓ tp% �iy�r ''I}.�f1������sf`sr�.rr'�i,�. =�in�4f � n,,. ': / � � o r� � �f r f �"S �?� �� Z < � K� s r ,,,.nit=s . '"`Z�iN S'IS 7yr=Sanr s , sa��" t ./y, s n tI r t� c ». r /}6 '/y / /� ✓_ / /-` r ��rS t r'a "_. a rTrl /�{�rlr xK ff � PROJECT LOCATION > </ ., I E '�Pt��.T - /� / � `y �� � s a� ����Jk� ' � s � t3sn✓''> � ���/ r � tt � �� �/n �i s / si t n u b. f ., �, �"�` t � �1�� yyi �.�" ," (c` k // S : // /G'Y'�r ✓l / f// ' /r/ l � j. f } rr APL r> s 3t fra�t/ rr SITE LOCATION NOT TO SCALE HARBOR BRIDGE CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS . DEPARTMENT OF ENGINEERING SERVICES REPLACEMENT PAGE: 1 of 1 aSC o° AGENDA MEMORANDUM NaRa ©aa Future Item for the City Council Meeting of May 28, 2013 ss Action Item for the City Council Meeting of June 11, 2013 DATE: May 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 International Boulevard Bond Issue 2012 CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with RVE, Inc. from Corpus Christi, Texas in the amount of $147,850.00, for International Boulevard from State Highway 44 through the Corpus Christi International Airport, for design, bid, and construction phase services BOND ISSUE 2012. (Proposition No. 8 Economic Development Projects) PURPOSE: The purpose of this Agenda Item is to execute the Contract for Professional Services with RVE, Inc. for International Boulevard. BACKGROUND AND FINDINGS: This project includes a combination of full depth pavement repair and resurfacing the existing entrance roadway looping from State Highway 44 through the Corpus Christi International Airport, with associated infrastructure improvements. If within the project budget, relocation of two overhead signs with new signage, landscaping and irrigation, and assessment of underground storm water improvements will also be considered. RVE, 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 RVE, Inc. as proposed. 2. Do not execute the Contract for Professional Services with RVE, Inc. as proposed. OTHER CONSIDERATIONS: This project is one of the Bond Issue 2012 Proposition No. 8 Economic Development Projects approved by the community in the general election held on November 6, 2012. K: \ENGINEERING \LEGISTAR \3 - MAY 28 \INTERNATIONAL BOULEVARD \AGENDA MEMO - INTERNATIONAL BOULEVARD.DOCX CONFORMITY TO CITY POLICY: The Contract for Professional Services and selection process comply with the Professional Procurement Act and City Policy. RVE, 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: Ooeratino Revenue X Caoital of aoolicable Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $287,000.00 $1,463,000.00 $1,750,000.00 Encumbered /Expended Amount This item $147,850.00 $0.00 $147,850.00 Future Anticipated $139,150.00 $1,460,225.00 $1,599,375.00 Expenditures This Project BALANCE $0.00 $2,775.00 $2,775.00 Fund(s): Streets Bond Issue 2012 and Utilities CIP Comments: The Contract for Professional Services will result in the expenditure of an amount not to exceed $147,850.00. RECOMMENDATION: City Staff recommends the approval of the Contract for Professional Services with RVE, Inc. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract PowerPoint K: \ENGINEERING \LEGISTAR \3 - MAY 28 \INTERNATIONAL BOULEVARD \AGENDA MEMO - INTERNATIONAL BOULEVARD.DOCA PROJECT BUDGET ESTIMATE International Boulevard E12137 April 30, 2013 PROJECT FUNDS AVAILABLE: Bond 2012 $ 800,000.00 Utilities 700,000.00 Airport (Pending Department Authorization) 250,000.00 Project Total 1,750,000.00 FUNDS REQUIRED: Construction (preliminary estimate) 1,312,500.00 Contingency (10 %) ... 131,250.00 Design Fees: Engineer (RVE). 147,850.00 Geotechnical Study and Testing (TBD) 30,000.00 Reimbursements Contract Administration (Contract Preparation /Award /Admin) 39,375.00 Engineering Services (Project Mgt /Constr Mgt /Traffic Mgt Services) 61,250.00 Finance 17,500.00 Misc. (Printing, Advertising, etc.) 7,500.00 TOTAL................................................................................ ............................... $ 1,747,225.00 ESTIMATED PROJECT BUDGET BALANCE ............................ ............................... $ 2,775.00 mow] 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 authorize4i City Manager or Designee (Director of Engineering Services) and RVE, Inc., a Texa,�� corporation, 820 Buffalo Street, Corpus Christi, Nueces County, Texas 78401, (Architect/Engineer — A/E), hereby agree as follows: 1. SCOPE OF PROJECT International Boulevard Improvements (2012 Bond Issum Proposition 8) - Project No. E12137 I "7�WTMFPF - 11117171,1121 . A, 11 1 -1 .-- - pavement repair and resurfacing the existing entrance roadway looping from State Highway 44 through the Corpus Christi International Airport. The construction budget for the project is $600,000 (street) + $38,1,000 (storm water) + $78,000 (water) + $66,000 (wastewater) = $1,125,000, and an additional $187,500 may also be incorporated into the construction budget, pending availability of funds from the Department of Aviation, RVE, Inc. will design paving and other improvements as stated above that are constructible within the stipulated construction budgets. The designs of other improvements, or improvements stated above that exceed the construction budget are not included in the scope of services provided under this Contract. AIE services will be "Services for Construction Projects"- (Basic Services for Construction Mciffem : ce o ii]6-p a # will be considered as Basic Services. a " 1 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. 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. A/E agrees to the mandatory contract and insurance requirements as set forth in Exhibit "B", mom= The City will pay the A/E a fee, as described in Exhibit "A", for providing servic-M authorized, a total fee not to exceed $147,850.00, (One Hundred Forty Seven Thousa Eight Hundred Fifty Dollars and Zero Cents). Monthly invoices will be submitted accordance with Exhibit romvzls-11,7111110!� 2 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. 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 (SA.) CONTRACT FOR ENGINEERING (AiE) SERVICES Page 2 of 4 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 AIE 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. 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. M The Consultant will submit to the City Engineer a certificate of insurance, with the City named as additionally insured, showing the minimum coverage set forth in Exhibit "B" by an insurance company acceptable to the City. The Consultant further agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees as more fully set forth in Exhibit "B". 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. RV 3l �7 Pam &-b..Ve eto, P.E. Date 820 Buffalo Street Corpus Christi, TX 78401 (361) 887-8851 Office (361) 887-8855 Fax CONTRACT FOR ENGINEERING (AIE) SERVICES Page 3 of 4 //, Lz--24�,� ;�-&- ��b 5-aWiel Bdes, Date Director of Engineering FMIRIMILP ,. #. - City Attorney s Source No. a Water CIP Bond 2012 Wastewater CIP ��® Sul • ' � F IIIIIIII� � • � "� • � � ! � ■ '. aF • . f ■ +. �. Bond 2012 LV# • 6TI$ Me 3 s s • # i• Ik y•s iilii i ! • i • 'F y s` i i Ii ENTERED CONTRACT FOR ENGINEERING (AIE) SERVICES Page 4 of 4 EXHIBIT "A" CITY-OF CO (2012 ond Iss ue - Propos ition Proj ect No. E12137 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. Prelirnina!y Phase. The Arch itect/Eng i neer-A/E (also referred to as Consultant) will: a) Prepare PowerPoint presentation in City format for City Council Meeting. b) Hold Project Kick-off Meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. C) Provide scope of geotechnical testing requirements to the City's Geotechnical Consultant. d) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. e) Develop preliminary requirements for utility relocations replacements or upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. Develop preliminary stFeet-s�ya sengcieII paving repair sections to incorporate the Geotechnical Consultant's recommendations. Prepare conceptual life-cycle cost estimate with recommended pavement sections using the FHWA's "Real Cost" software with input parameters specified by the City. g) kle4�qkf h) Prepare preliminary opinions of probable construction costs for the recommended improvements. i) oevelep dFai-a, ..., -1 Ill -,,Gsed drainage areas sewed. Included in additional services. ) Gonu . e hydFaU!;G aRa1YSiG t0-qU-aAt;F" Tlhe-storm seweF deskifr-�� j T_ 6t_-6: ISGIU,4 of miet GapL�;- Included in additional services. k) identify electric and communication utility companies and private pipeline companies that may have existing facilities and must 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, C D 13G, LISPS, affected school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. n) Identify and recommend public outreach and community stakeholder requirements. 0) Prepare an Engineering Letter Report (20 - 25 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: EXHIBIT "A Page 1 of 11 K Engineering DataExch,gnge ANGIEtA%STREE-RE12137 INTERNATIONAL 8QUILEVARMEXHISIT A Internat ional 81vd.doc 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. Z I ZU I M, TI; 4W al 02 UNION _QVINNIS I N proprietary, or copyrighted, 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: EXHIBIT "A" Page 2 of 11- K'Engmeefing DalaExchangeSANGIEWSTREE-nEl 2137 INTERNATIONAL BOULEVARD EXHIBIT A fnlefnat,onal Blvd doG .. . .......... . ... ------------- EXHIBIT "All Page 3 of 11 K ;fnginoenng DataFxchange ANGIEL'ft$TREET%EI2137 MTERNATIONAL BOULEVARMEXHIBIT A hztmwanal Blve doc The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the Gons on-Gontfaet-awaFded- City during the Design Phase. 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. Z • The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. F—EXA1131T "A" I Page 4 of I! K:kErgine,ofingDataExc,nantjtLANGIE&INSTREE'nE!2137 INTERNATIONAL HOULEVARMEXHWITA International Blvd cl�,r 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)IE) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. C) Receive the Engineer's recommendation concerninci 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. The City staff will, a) Prepare applicationslestimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. C) Designate an individual to have responsibility, authority, and control for coordinating activities for the City during the Construction Phase. d) Prepare change orders: as required. EXHIBIT 'W Page 5 of 11 K%Eriginearing r�alaExchange�ANGIEU�STREEnEI2137 INTERNATIONAL BOULEVARMEXHIBITA IntornmonaI Bovd doc 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*,. K,lErigineeringDawExcf,,ar,gfi ANGIEPA STREET4E12137 INTERNATIONAL BOULEVARL%EXH0T A International Blvd.doc 4. Environmental Issues. Not Anticipated a) Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may !® discovered during construction. I W" No I I a WE RUMMEL* EXHIBIT''A" Page 7 of 11 K1Enqneonng DataExcnaige4ANGIEM%STREET E12137 INTERNATIONAL BOULEVARMEXHIDIT A lmemat,onsl Blvd 00C 8. Start-up Services. NotAnticipated 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. • Warran!y 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 underthe 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. EXHIBIT "A" I Page 8 of 11� K[Engmeenng DaTaExdiange'AN G IE tAS TREE MI 2137 INTERNATIONAL BOULEVARMFXHIBIT A lm real onaI Blvd doc 10, Landscape and-irrigation Planning. - TBD Develop a landscape and irrigation improvements conceptual plan for International Drive (loop road excluded). The landscape and irrigation plan would be based on a total budget established by the City and would include a detailed opinion of cost for each element of the plan. The planning would not include preparing of plans and specifications for construction. 11. International Drive Draina -ge Analysis. ---TBD Prepare drainage area mapping of International Drive and designated adjacent areas, Determine pipe or box culvert sizes in accordance with the City's Draft Drainage Criteria Manual. Analysis will not include downstream systems, or the loop road system. 12 Overhead Sign Analysis.TBD Determine the feasibility of moving both existing overhead signs on the loop road further back onto International Drive, Prepare opinion of probable costs for moving the signs, adding new signage, and rerouting electrical and control systems to the new locations. The analysis would not include preparing of plans and specifications for construction. Ill. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Service authorized as per the table below. The fees for Basic Services will not exceed those identified an will be full and total compensation for all services outlined in Section I.A.1-4 above, and for expenses incurred in performing these services. The fee for this project is subject to th availability of funds. The Engineer may be directed to suspend work pending receipt an appropriation of funds. For services provided In Section I.A.1-4, A/E will submit month! !:A; A- statements for basic services rendered. l-ri-S W—A I The statements will be based upon A/E' EXHIBIT "All Page • of 11 K-�EngineeringOataExchangeANGIEM�STREE'nEl2l37 INTERNATIONAL Br IT A Intemational Blvd -doc estimate kana wiffl:;11�s concurrenc r olF au I"R I S F the time of billing, F-ef-sefvioe"fGvided-in-SeGt4on4-.A-4-,Ahe--state�- M. be based-t"nAhe PefGe-t Gf wtk� on-zontfar;t 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 Servic-Im underSection I.B."Additional Services," the Citywill paytheA/E a not-to-exceed fee as perthe tab below: I Summary of Fees Original Contract Street Wastewater Storm Water Water Gas Total Basic Services Fees 1. Preliminary Phase $13109 $1442 $8325 $1703 - $24580 2. Design Phase $34109 $3754 $21663 $4432 - $63960 3, Bid Phase $2592 $285 $1646 $337 - S4860 4, Construction Phase $11551 $1271 $7336 $1501 - $21660 Subtotal Basic Services Fees $61361 $6754 $38971 $7974 $115060 Additional Services Fees (Allowance) 1. Permitting (TxDOT) $1994 $220 $1267 $259 $3740 (Authorized) — Permitting (TDLR) $1829 $201 $1162 $238 $3430 (Authorized) 2. ROW Acquisition Survey - - �Not Anticipated) 3. Topographic Survey $5504 $606 $3495 $715 $10320 Authorized 4. Environmental Issues Not Anticipated) 5. Public Involvement (2 Meetings) & Oversight Committee Presentation $6507 $716 $4132 $845 $12200 (Authorized) 6. SUE Exploration (Hydro Excavation) (Not Authorized) 7. Construction Observation Not Authorized) 8. Start-Up Services Not Anticipated 9. Warranty Phase $1653 $182 $1050 $215 $3100 (Authorized) EXHIBIT "A" Page 10 of 11 KAEngneenng Da1aFxcnange1ANG1EN1%STREEnE1 2137 INTERNATIONAL BOULEVARMEXHIBIT A Intemananal Blvd C-0c EXHIBIT "A" Page 11 of 11 K %EngnMfng Data E mhango"Gl E PX%STRE ET4E 12137 INTERNATIONAL BOULEVARMEXHIBITA intemabonal Blvd doc MAMMMIM mWilvai-Matf PTO 0 AMID 0 1010��M I I I I I!! I I I I I F I I 1 111111 ii I! I I I MIRIM I! li I I I I! F I 1101�� • The International Boulevard Improvements Project includes a combination of full depth pavement repair and resurfacing the existing entrance roadway looping from State Highway 44 through the Corpus Christi International Airport. FaMUNIMMUM =7 Provide Preliminary Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services except as follows: Prepare preliminary paving repair sections. Life-cycle analysis will be completed using the FHWA's "Real Cost" software with input parameters specified by the City. g) ROW acquisition not required. i) Deleted and included in additional services. j) Deleted and included in additional services. o)5. Deleted S) Deleted and included in additional services. Revision to Proprietary City Documents: Any information marked proprietary, or copyrighted, provided by the City is authorized for use only by A/E, and oral y for the intended purpose of this project. Any unauthorized use or distribution of information marked proprietary, or copyrighted, provided under this contract is strictly prohibited. Design Phase Provide Design Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services except as follows: EXHIBIT"A-11" II I of 4 a) The City will provide a list of utility franchises within the project area. d) Plan sheets will be 22" x 34". d) 1 The design of temporary traffic control measures will consist of the preparation of Advanced Warning Signage Plans and inclusion of typical examples of traffic control measures to be used in certain situations. The design of specific traffic control measures for the entire project is not included in the scope of work of this Contract. The contractor will prepare a specific traffic control plan that will coincide with his approach to constructing the project — subject to the Project phasing stipulated in the construction documents - and will utilize the typical examples provided in the construction plans. Z SWPPP not provided. Prepare Stormwater Best Management Practices construction drawings. Contractor is responsible for preparing and maintaining a Stormwater Pollution Prevention Plan (SWPPP) for himself and for the City. The SWPPP shall include the construction drawings prepared by the A/E. g) Deleted h) Deleted The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the City during the Design Phase. Bid Phase Provide Bid Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. Construction Phase (Estimated 6-1'y onth Duration Provide Construction Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services except as follows: f) Assist the City is preparation of change orders as authorized. The City Staff will: c) Designate an individual to have responsibility, authority, and control for coordinating activities for the City during the Construction Phase. d) Prepare change orders as required. ADDITIONAL SERVICES (Subject to Authorization) 1. Permitting • TxDOT Permittingi Coordinate with TxDOT during the design phase of the Project to obtain any needed utility permits, environmental permits, • multiple use agreements. • TDLR Registration: Submit construction plans and specifications to EXHIBIT "A-11" 11agc 2 t44 a Registered AAA Specialist (RAS) for review and approval and registration with the TDLR; Provide coordination efforts, as necessary. No other permits anticipated. 3= Acquisition of additional right-of-way (ROW) is not anticipated as necessary for the Project. Should it be determined during the course of the Project that additional ROW is needed, ROW Acquisition Survey services can be provided for additional fees in accordance with Exhibit 'A' of the Contract for Professional Services. - a, 11 111111111119aum ROW Verification Services are not anticipated, Topographic Survey Services will be provided in accordance with Exhibit 'A' of the Contract for Professional Services except as follows: 1) Delete m) Delete Environmental services are not anticipated as necessary for the Project. Should it be determined during the course of the Project that environmental conditions exist that need to be addressed, appropriate environmental services can be provided for additional fees. IRMO= Assist the City with Public Meetings (2) and presentation of the Project to the Oversight Committee in accordance with Exhibit 'A' of the Contract for Professional Services, except as follows: b) 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. 30012mushm Subsurface Utility Exploration will be provided in accordance with Exhibit 'A' of the Contract for Professional Services, except as follows: a) i) Gas — Gas facilities within the project limits will be located to Quality Level A by the A/E. The City of Corpus Christi Gas Department will provide Quality Level C. The A/E will coordinate this activity. ii) Add SUE findings to topo drawing. EXHIBIT" -I" Page 3 of 4 Warranty Phase services will be provided in accordance with Exhibit 'A' of tkoz- Contract for Professional Services. 10, Landscape and Irrigation Planning. TBD Develop a landscape and irrigation improvements conceptual plan for International Drive (loop road excluded). The landscape and irrigation plan would be based on a total budget established by the City and would include a detailed opinion of cost for each element of the plan. The planning would not include preparing of plans and specifications for construction. 11. International Drive Drainage Analysis. TDB Prepare drainage area mapping of International Drive and designated adjacent areas. Determine pipe or box culvert sizes in accordance with the City's Draft Drainage Criteria Manual. Analysis will not include downstream systems, or the loop road system. 12. Overhead Sign Analysis, TBD Determine the feasibility of moving both existing overhead signs on the loop road further back onto International Drive, Prepare opinion of probable costs for moving the signs, adding new signage, and rerouting electrical and control systems to the new locations. The analysis would not include preparing of plans and specifications for construction. EXHIBIT-A-l" Page 4 of 4 NOW, FOR AIE PROFESSIONAL SERVICEWCONSULTANT SERVICJ� (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 $1,000,000 COMBINED SINGLE LIMIT including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired — Non-owned vehicles PROFESSIONAL LIABILITY including- $1,000,000 per claim / $2,000,000 Coverage provided shall cover all aggregate employees, officers, directors and agents (Defense costs not included in face value 1 Errors and Omissions of the policy) If claims made policy, retry date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is an Insured WORKERS' COMPENSATION 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. �* �. Page 1 of 3 J%Fngineenng Fo=nt LARGE 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 78469-92 Fax: (361) 826-4555 1 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: 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; 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 Cetficate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance lHI Pa JAEngineenng FormsILARGEAE EXHIBIT B.00CX 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. 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. EXHIBIT "B" J.lE ng, neefing Form kLARGE AE r X1,41 DJ T 8 DOCX 0 co llwl�' IIN ElEalia SIM M®R glum MM ! +i "a). ! i • • s# fi? Q$ ua N U- RL w q .L) r- r- 'L` CD Css u- C) C) 0 C) 0 0 a� L E C3 0 EXHIBIT ReC" Page 1 of 1 a w C + c C + tn CD Ci CD C) CD 0 CD o C7 C3 Ci 60 a 0 CD CD 0 p m C3 • * + o > `- M s CO ;, - (n CD o 0 0 C� (D CD ! C9 0 C3 D� C] °to C� 0 r i a s. r +.. • L C 0 i! • # a ~ r5 C3 CD C> C7 C_) C_7 CD C3 C) C i C:� ❑ m ] CD (i ° CD 64 ? r G .� Ev co C7 (D C7 T ! C� 't'. y � _ L% t Uf CO CT CD C7 C4 ' M C-4 ka eq to co F- 0 T CV C(7 �} tdd 5 W M 0y a C q C] C) 0 CD 0 C C a 0 CD CD 00 '.. m Q z F- F- ti z Aw I.- 0'{i w (L CL — �,..,. C:)' C3 0 C3 C, +�:> CG C> 4 Ct C) m 0 0 l0 U Ci r- r 00 Q (0 (D 0 r C7 C) � CD 0) 0 ® C}1' Cam. o CA 0 0 CV � e 0 co llwl�' IIN ElEalia SIM M®R glum MM ! +i "a). ! i • • s# fi? Q$ ua N U- RL w q .L) 'L` a) Css l9_ d Q E C] +_ .ii ca C3 0 EXHIBIT ReC" Page 1 of 1 + + tn • w cn • • * + • M s CO ;, - + 1. ■ a ! ! +. ! i a s. r +.. • i! • # a ~ r5 0 co llwl�' IIN ElEalia SIM M®R glum MM ! +i "a). ! i • • s# fi? Q$ ua N U- RL w q .L) 'L` a) Css l9_ d Q E C] +_ .ii ca C3 0 EXHIBIT ReC" Page 1 of 1 SUPPLIER NUMBER TO BE ASSIGNED By-c-fry PURCHASING DIVISION CITY OF CORPUS CHRISTI City 8 ft "" of DISCLOSUROF; INTERES] COMPANY NAME: RVE, Inc. STREET ADDRESS: $20 Buffalo Street CITY: Corpus Christi— ZIP: 78461 FIRM IS: 1. Corporation 2. Partnership 3. Sole Owner E] 4, Association 5, Other 0 DISCLOSURE QUESTIONS If additional spice is necessary, please use the reverse side of this gge or attach separate s eet. 1. State the names of each 'employee" of the � of Corpus hiisti having an -ownership interest" constituting 3% or mom of the ownership in the a ove 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 nained Name Title N/A State the names of each "board member" of the City of Corpus Christi having an "ownership interese; 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 "consultanC for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name Consultant NIA CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowinply withheld disclosure of any information requested; and that supplemental statements will be prompt )y submitted to the City of Corpus Christi, Texas as changes occurs Certifying Person: Patrick D. Vetet , P E. Title: President (Tip, or Print) Signature of Certifying Date: 01-18.13 Person: 7t!Mr i. "Board member." A member of any board ' commission, or committee appointed by the CiM council of the City of Corpus Christi, Texas. I b. "Economic benefit". An action that is likely to affCct 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. ployee." Any person employed by the City of Corpus Christ]. Texas either on a fall or time basis, but not as an independent contrnctor 1 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 tion-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. "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 fir,", such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. =ile : \ Mproject \councilexhibits \exhE12137. --"FCES 'CF,C F. V. 624 7 FUp4R� Up z � R /�R ROAD o i S � 0 o H 37 z - Y Q Q HWY 44 AGNES PROJECT LOCATION ATI ECES DAY "Ez eeaa o RD. ,F, W POINT a� o`o LOCATION MAP NOT TO SCALE �s N CORPUS C3l'1-pIS`_ 1T B -41J L4 I SITE PLAN PROJECT # E12137 NOT TO SCALE International Boulevard CITY COUNCIL EXHIBIT Bond Issue 2012 CITY OF CORPUS CHRISTI, TEXAS 1,11IIr,1 DEPARTMENT OF ENGINEERING SERVICES �n PAGE: 1 of 1 Oak O C1) � O � N u N O U � Z N A • i I co w 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O LO LO 00 f- N f- W M � 69� 69� 69� 69� Q J_ Q Q O H cn 0 CD 0 z U N O O O O O LO LO O O LO O N N LO N 00 O O N N f- O LO O W M � J m � � Q Q J_ Q Q E � cn 0 CD 0 z 0) U H N r n W O O N 70 O N +� -� 0 CL m Z Q O O O O O LO LO O LO LO O N N LO N 00 O O N N f- O LO ti M m N � 61.> 09- 09- 09- 09-I09- c� E cn N W E a) 0, Q o CY LV O U � U N Cl) Z O O LL U U V W H c� w c/) LL� � U L � � U N � N 01 w CD a� N C2 E N � J U Q N � °O LO ti ti N .s. W U z LUQ J Q Lm r 0 0 D LU m U O a W Q cn W Kii aSC o° AGENDA MEMORANDUM NaRa ©aa Future Item for the City Council Meeting of May 28, 2013 ss Action Item for the City Council Meeting of June 11, 2013 DATE: May 15, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 Resolution in support of AEP Texas Central Company's LED Pilot Program & Installation of LED Street Lights on Chaparral between Williams and Schatzell Bond Issue 2008 CAPTION: Resolution supporting AEP Texas Central Company's (AEP) "LED Pilot Program" to provide LED Street Lighting Service on Chaparral Street and other mutually agreed to locations within the City of Corpus Christi supporting any amendments to AEP's Tariff necessary to make the service available; and authorizing the City Manager or designee to execute a Contribution-In- Aid -of- Construction Agreement with AEP in the amount of $51,032.14 for the installation of LED Street Lights on Chaparral Street between William and Schatzell. (Bond 2008) PURPOSE: To support of AEP's LED Pilot Program, any amendment to AEP's Tariff needed to implement the Program, and to provide authority to enter into an agreement with AEP to install LED Street Lights on Chaparral Street between William and Schatzell. BACKGROUND AND FINDINGS: AEP approached the City about participating in a pilot program for AEP -owned and maintained LED street lighting fixtures installed for the purpose of illuminating public streets, highways and parking lots. Under this program, the City would pay a one -time expense for the installation of the lights and a monthly energy consumption charge. If the program works as anticipated, costs for lighting the designated pilot area on Chaparral Street from William to Schatzell will be less than the existing Municipal Street Lighting Service rate. If the program is successful the City and AEP could agree to add more city streets to the program and expand AEP's LED lighting service to other locations within the city limits. LED lights last indefinitely and don't need to be replaced unless damaged. They provide a brighter light and consume less energy. This, with the increased life span should ultimately result in a cost savings to the City. ALTERNATIVES: 1. Do not support the LED Lighting Pilot Program; 2. Do not authorize the agreement with AEP; 3. Provide street lighting on Chaparral Street with traditional non -LED lighting fixtures OTHER CONSIDERATIONS: The reconstruction of Chaparral Street from Williams to Schatzell was approved through Bond Issue 2008 as a demonstration project to develop the downtown area into an attractive district for citizens and tourists alike. This LED Lighting Pilot Program will enhance the area with better lighting than originally planned at a cost savings to the City. CONFORMITY TO CITY POLICY: This item conforms to City Policy for relating to a Contribution -In- Aid -Of- Construction Agreement. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department Engineering Services FINANCIAL IMPACT: Operating Revenue X Capital of applicable Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $965,200.00 $5,051,584.41 $6,016,784.41 Encumbered /Expended 965,200.00 5,000,552.27 5,965,752.27 Amount This item 51,032.14 51,032.14 Future Anticipated Expenditures This Project BALANCE $0.00 $0.00 $0.00 Fund(s): Streets Bond 2008 Comments: Electrical consumption should be less in the area resulting in lower energy costs. RECOMMENDATION: Staff recommends approval of the Resolution in support of AEP's Tariff Amendment, the LED Lighting Pilot Program, and the Contribution -In- Aid -of- Construction Agreement.. LIST OF SUPPORTING DOCUMENTS: Resolution Agreement Location Map Resolution supporting AEP Texas Central Company's (AEP) "LED Pilot Program" to provide LED Street Lighting Service on Chaparral Street and other mutually agreed to locations within the City of Corpus Christi; supporting any amendments to AEP's Tariff necessary to make the service available; and authorizing the City Manager or designee to execute a Contribution-In- Aid -of- Construction Agreement with AEP in the amount of $51,032.14 for the installation of LED Street Lights on Chaparral Street between William and Schatzell. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City of Corpus Christi hereby supports AEP Texas Central Company's (AEP) "LED Pilot Program" as outlined in AEP's proposal (attached as Exhibit "A ") to provide LED Street Lighting Service on a portion of Chaparral Street and on other mutually agreed to locations within the City of Corpus Christi, at the trial rates described therein. Section 2. The City of Corpus Christi hereby supports actions AEP must take, including any actions necessary to amend AEP's Tariff, in order to make LED Street Lighting Service available at the trial rates described in Exhibit A. Section 3. The City Manager or designee is authorized to execute a Contribution-In-Aid- of- Construction Agreement with AEP in the amount of $51,032.14 for the installation of LED Street Lights on Chaparral Street between William and Schatzell. Section 4. This resolution takes effect immediately upon its adoption. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Nelda Martinez Mayor KAEngineering Data Exch an g e\Lyn d a\Streets\2008 Bond Issue \6510 - Downtown Streets - Chaparral \Resolution CIAC \052813 RESO supporting AEP LED Pilot Program.docx 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 KAEngineering Data Exch an g e\Lyn d a\Streets\2008 Bond Issue \6510 - Downtown Streets - Chaparral \Resolution CIAC \052813 RESO supporting AEP LED Pilot Program.docx -ile : \ Mproject \councilexhibits \exhb510d.dwq -Vt l ECES B.A1 f. o �FRA�y o a RD e CORPUS � ° CHRISTI - Q AGNES AGNES � B.qy HM 44 o MORGAN CORPUS a CHRISTI z s ° ° INTERNATIONAL o eenR o �� AIRPORT AD "RM s PROJECT LOCATION McGLOIN RD. C W POINT O`OC� 0 � D�0 oz DDT<i A N M R �o 4° A D<P DCFAN o HO(< y Q A NMSDR DR ARgLDD4 6 gym`" OD o CAYD DEC OSD � AD LOCATION MAP Qu L z LEOPARD ST Q Q Q Q Z z Z ch Q ch z o MESTINA z r o z z o z LIPAN ST N 0 N E z COMMANCCHE ST z Z n v Z N 0 R'S ALLEY a v z Q r z PROJECT # 6510 NOT TO SCALE _ PEOPLES AT SITE PLAN NOT TO SCALE p VJ' � N-1 DOWNTOWN STREET CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXS (CHAPARRAL) DEPARTMENT OF ENGINEERING SERVICES BOND ISSUE 2008 PAGE: 1 of 1 = ,� Cyr PH v AGENDA MEMORANDUM �aRPO,a,E Future Item for the City Council Meeting of May 28, 2013 1852 Action Item for the City Council Meeting of June 11, 2013 DATE: May 14, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services DanB @cctexas.com (361) 826 -3729 Foster Crowell, Director of Wastewater Services FosterC @cctexas.com (361) 826 -1801 Engineering Design Contract Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 (Final) CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with LNV, Inc. of Corpus Christi, Texas in the amount of $9,998,629.00, for the Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 (Final) for design, bid, and construction phase services. PURPOSE: The purpose of this Agenda Item is to execute the Contract for Professional Services for Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 (Final). BACKGROUND AND FINDINGS: The Texas Commission on Environmental Quality (TCEQ) has adopted more stringent restrictions on ammonia levels intended to protect grasses in the bay systems. The prior Oso Water Reclamation Plant (WRP) permit did not contain ammonia limit. A renewal of permit issued by TCEQ on April 29, 2011 required the effluent ammonia of the Oso WRP be in compliance with the new regulations on or before October 29, 2013. To attain compliance within timeframe, the City adopted a strategy of implementing Phase 1 (near -term) and Phase 2 (long -term) improvements at the Oso WRP. Phase 1 allows the City to implement cost effective improvements as a temporary means of meeting the new effluent ammonia requirements in the near -term while planning, designing, and implementing Phase 2 facility improvements. Phase 2 (this design contract) is a permanent long -term solution to meet the cost/benefit requirements and additional anticipated effluent regulations for the operation of the Oso WRP. Phase 1 improvements, under Construction Contract with CSA Construction of Houston, Texas approved by the City Council on February 26, 2013, are currently under construction and scheduled for completion in September 2013. The proposed scope of services of Phase 2 improvements has been broken into two sections referred to as Stage I and Stage 11. Stage I includes the Phase 2 Oso WRP facility upgrades necessary for the plant to meet additional anticipated regulatory requirements, provide additional treatment capacity to meet projected increased plant flows, to ensure continued plant reliability, and to replace the temporary Phase 1 improvements. Stage 11 includes Laguna Madre Wastewater Treatment Plant (WWTP) decommissioning and transfer facility infrastructure which will divert Laguna Madre service flows to the re -rated Oso WRP. Closure of Laguna Madre WWTP will reduce future permit compliance and staffing requirements. ALTERNATIVES: 1. Execute the Contract for Professional Services with LNV, Inc. as proposed. 2. Do not execute the Contract for Professional Services with LNV, Inc. as proposed. OTHER CONSIDERATIONS: A cost/benefit analysis for the Oso WRP Nutrient Removal (Ammonia) project was completed by LNV, Inc. in April 2013. The purpose of the analysis was to provide background information on the Phase 2 improvements, summarize its advantages and disadvantages, and show the economic financial impacts of implementing these improvements. The memo developed the life -cycle cost estimates with as much confidence as possible given the state of the conceptual design. Life cycle costs represent the total cost incurred over the life span of a project, including design, construction, and operation and maintenance (O &M) costs. All cost estimates were shown in 2013 dollars and were broken into multiple components such as capital construction, construction contingency, project administration, engineering design, and O &M costs. It should be noted that due to the additional permitting requirements anticipated in upcoming Texas Pollutant Discharge Elimination System renewals, the growth of the Southside service area, and the age of the Oso WRP, there is not a realistic, viable "do nothing" option. Major facility improvements must be implemented in order to address each of these concerns. As a result, the memo identified the consequences of not moving forward with the Phase 2 improvements and describes the necessary projects that would be necessary in lieu thereof. The total project costs for Oso WRP Phase 2 Improvements, including decommissioning of the Laguna Madre WWTP, is $99.5M with an estimated O &M cost over the next 20 years of $66.5M bringing the Total Lifecycle cost to $166M. On the other hand, the total project costs associated with not implementing Phase 2 is $129M with an estimated O &M cost of $143M which results in a Total Lifecycle cost of $272M. As a result, if the Phase 2 recommendations are implemented, the estimated savings to the City is $106 million over the next 20 years. The Life -Cycle costs are summarized in the table below. ALTERNATIVE PROJECT O &M COSTS LIFEOYCLE COSTS CASTS (Present Value) (20 Years) Phase 2 Improvements $99,439,000 $66,440,000 $165,879,000 Not Implementing Phase 2 $128,990,000 $143,160,000 $272,150,000 Improvements PRESENT VALUE SAVINGS $29,551,000 1 $76,720,000 1 $106,271,000 CONFORMITY TO CITY POLICY: Conforms to statues regarding FY 2012 -2013 Wastewater Capital Improvement Planning (CIP) Budget EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Wastewater Department FINANCIAL IMPACT: Operating Revenue ®Capital of applicable Fund(s): Wastewater CIP #17 Comments: The completion of Stage I requires approximately 2,160 calendar days with anticipated completion April 2019 and Stage II requires approximately 1,490 calendar days and will have a staggered start so anticipated completion is June 2019. During preliminary design of both contracts, the feasibility of a project delivery option for Construction Management at Risk (CMAR) will be considered in terms of schedule and budget efficiency enhancements. The subject request will result in the expenditure of an amount not to exceed $9,998,629.00. This amount will be funded over several years, with FY13 funding in the amount of $520,000.00 and future funding will be required in the amount of $9,478,629.00 to complete the contract. RECOMMENDATION: City Staff recommends the approval of the Contract for Professional Services with LNV, Inc. of Corpus Christi, Texas in the amount of $9,998,629.00, for the Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 (Final) for design, bid and construction phase services. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract PowerPoint Technical Memorandum No. 6 Technical Memorandum No. 9 Project to Date Fiscal Year: Expenditures 2012 -2013 (CIP only) Current Year Future Years TOTALS Line Item Budget $540,000.00 $99,450,000.00 $99,990,000.00 Encumbered / Expended Amount $0.00 This item $520,000.00 $9,478,629.00 $9,998,629.00 Future Anticipated Expenditures This Project $20,000.00 $89,420,000.00 $89,440,000.00 BALANCE $0.00 $551,371.00 $551,371.00 Fund(s): Wastewater CIP #17 Comments: The completion of Stage I requires approximately 2,160 calendar days with anticipated completion April 2019 and Stage II requires approximately 1,490 calendar days and will have a staggered start so anticipated completion is June 2019. During preliminary design of both contracts, the feasibility of a project delivery option for Construction Management at Risk (CMAR) will be considered in terms of schedule and budget efficiency enhancements. The subject request will result in the expenditure of an amount not to exceed $9,998,629.00. This amount will be funded over several years, with FY13 funding in the amount of $520,000.00 and future funding will be required in the amount of $9,478,629.00 to complete the contract. RECOMMENDATION: City Staff recommends the approval of the Contract for Professional Services with LNV, Inc. of Corpus Christi, Texas in the amount of $9,998,629.00, for the Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 (Final) for design, bid and construction phase services. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract PowerPoint Technical Memorandum No. 6 Technical Memorandum No. 9 PROJECT BUDGET Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD Phase 2 (Final) FUNDS AVAILABLE: Wastewater CIP FY 2013 540,000.00 Wastewater CIP FY 2014 3,200,000.00 Future Wastewater CIP Request 96,250,000.00 TOTAL AVAILABLE ............................................................ ............................... 99,990,000.00 FUNDS REQUIRED: Construction Estimate with 30% contingencies $80,969,000.00 Engineer: Design Engineer (L V, Inc.) 9,998,629.00 Testing (Estimate) 811,000.00 Reimbursements Contract Administration (Contract Preparation /Award /Admin) 1,550,000.00 Engineering Services (Project Mgt /Constr Mgt /Traffic Mgt) 2,800,000.00 Construction Observation Services 2,800,000.00 Finance 310,000.00 Misc. (Printing, Advertising, etc.) 200,000.00 TOTAL............................................................................. ............................... $99,438,629.00 ESTIMATED PROJECT BUDGET BALANCE .......................... ............................... $551,371.00 councilexhibits \exhE12206. FAiNN i4 k, PROJECT LOCATION MAP NOT TO SCALE PROJECT #E12206 Oso Water Reclamation Plant Nutrient CITY COUNCIL EXHIBIT Removal and Re -rate to 24 MGD CITY CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES - Phase 2 (Final) 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 LNV. Inc., a Texas corporation, 801 Navigation, Suite 300, Corpus Christi, Nueces County, Texas 78408, (Architect/Engineer — A/E), hereby agree as follows: 1. SCOPE OF PROJECT Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD -Phase 2 (Final) (Project No. E12206) - The Oso Water Reclamation Plant (WRP) is the largest of the six treatment plants in the City of Corpus Christi and is located at the corner of Ennis Joslin Road and Nile Drive, adjacent to the Texas A &M University- Corpus Christi Athletic Facility. The plant currently serves the large and growing service area on the City's south side which consists of approximately 24,143 acres and over 50% of the City's population. The Oso WRP is currently operating under a 20 milligrams per Liter (mg /L) BOD5 (5 -day biochemical oxygen demand) and 20 mg /L Total Suspended Solids permit and discharges into Oso Bay (Cayo del Oso) which is on the United States Environmental Protection Agency's list of impaired water bodies. The plant is operated with a current allocation of 16 staff members and produces an effluent quality that is in compliance with the Texas Commission on Environmental Quality's (TCEQ) Type II Reclaimed Water ( §210.32) regulations. The Oso WRP was originally constructed in 1941 and several expansion projects have occurred over the years. The most recent major upgrade to the Oso WRP was completed in 1982. The project consisted of converting the plant's activated sludge process to a contact stabilization process and upgrading the plant's treatment capacity to accommodate average daily flows (ADF) of 16.2 million gallons per day (MGD) and peak two - hourflows up to 98.0 MGD. The Oso WRP is currently configured as two parallel treatment trains; each rated at 8.1 MGD average daily flow. The Oso WRP currently treats about 11.3 MGD which represents approximately 70% of the plant's ADF design capacity and based on growth projections, this is expected to increase to approximately 15.2 MGD once the service area is completely developed. Per TCEQ regulations, design for increased capacity must be underway when flows to the plant reach 75% of design capacity. As mentioned above, the TCEQ has recently adopted more stringent restrictions on ammonia levels intended to protect sea grasses in the bay systems. On April 29, 2011, the TCEQ issued a renewal of the plant's Texas Pollutant Discharge Elimination System (TPDES) permit which included new effluent ammonia limits on 30 -day average, 7 -day average and daily maximum of 4 mg /L, 6mg /L and 10mg /L, respectively, along with a milestone compliance date on or before October 29, 2013. Prior to this renewal, the Oso WRP permit had not contained an ammonia limitation. The purpose of the compliance schedule was to provide sufficient time for the City to design, construct and commission the necessary improvements to meet this ammonia limit in the near -term. The existing contact stabilization configuration of the Oso WRP was designed to remove BOD efficiently, but is not well suited for ammonia removal nor is it allowed by TCEQ to be used as a nitrifying Contract for Engineering (A /E) Services Pagel of 5 K: \ENGINEERING DATAEXCHANGE \JENNIFER \WASTEWATER \E12206 OSO WRP NUTRIENT REMOVAL & RE -RATE TO 24 MGD -PH 2 (FINAL) \CONTRACT \CONTRACT.DOC process to remove ammonia. As a result, major facility upgrades at the Oso WRP are necessary to comply with this new ammonia limit. It should also be noted there are indications from the regulators that Total Nitrogen (TN) and Total Phosphorus (TP) limits are likely to be imposed upon the Oso WRP within the next several permit renewal cycles. To attain compliance by October 29, 2013, the City adopted a strategy of implementing near -term (Phase 1) and long -term (Phase 2) improvements at the Oso WRP. This strategy allows the City to implement cost effective improvements as a temporary means of meeting the new effluent ammonia requirements in the near -term while planning, designing, and implementing the permanent long -term Phase 2 facility improvements following completion of other on -going major capital projects such as the New Broadway Wastewater Treatment Plant. Phase 1 improvements included the temporary Breakpoint Chlorination Facility (BPC) and Step Feed modifications which are currently under construction and are scheduled for completion in September 2013. Phase 1 will achieve compliance with the ammonia limitations in the City's discharge permit within the mandated timeframe. However, as a result of the increased operating and maintenance costs and added complexity to the operation of the plant, these improvements will not meet the cost /benefit requirements of a long -term solution. The proposed Phase 2 scope of service has been broken into two contracts referred to as Contract A and Contract B. Contract A includes the Phase 2 facility upgrades necessary for the plant to meet additional anticipated regulatory requirements, provide additional treatment capacity to meet projected increased plant flows, to ensure continued plant reliability, and to replace the temporary Phase 1 improvements. Technical Memorandum No. 6- Regulatory Compliance and Implementation Plan describes the major capital improvements necessary to meet the current and anticipated (future) effluent regulations. Contract B includes the decommissioning of the Laguna Madre Wastewater Treatment Plant (WWTP) and a transfer pump station. Technical Memorandum No. 9 -Oso WRP Phase 2 Cost /Benefit Evaluation provides the background information on the drivers of the Oso WRP Nutrient Removal project, presents the results of a cost /benefit evaluation, and describes additional recommended improvements associated with the decommissioning and flow transfer from the Laguna Madre WWTP. This Phase 2 scope of service is intended to implement the improvements recommended in TM -6 and TM -9. At this time, this contract is based on the traditional project delivery method of design -bid- build for both Contracts A & B. However, City staff is currently investigating the feasibility, benefits and weaknesses of an alternative delivery method referred to as Construction Manager at Risk (CMAR). The preferred delivery method will need to be selected by the City prior to beginning the design phase (approximately 30% design level) and this contract will need to be modified appropriately if any alternative delivery methods are chosen. Contract for Engineering (A /E) Services Page 2 of 5 K: \ENGINEERING DATAEXCHANGE \JENNIFER \WASTEWATER \E12206 OSO WRP NUTRIENT REMOVAL & RE -RATE TO 24 MGD -PH 2 (FINAL) \CONTRACT \CONTRACT.DOC 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform professional 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 "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. 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 $9,998,629.00, (Nine Million Nine Hundred Ninety Eight Thousand Six Hundred Twenty Nine Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit "C ". Contract for Engineering (A /E) Services Page 3 of 5 K: \ENGINEERING DATAEXCHANGE \JENNIFER \WASTEWATER \E12206 OSO WRP NUTRIENT REMOVAL & RE -RATE TO 24 MGD -PH 2 (FINAL) \CONTRACT \CONTRACT.DOC 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 70% 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 30% 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. 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. Contract for Engineering (A /E) Services Page 4 of 5 K: \ENGINEERING DATAEXCHANGE \JENNIFER \WASTEWATER \E12206 OSO WRP NUTRIENT REMOVAL & RE -RATE TO 24 MGD -PH 2 (FINAL) \CONTRACT \CONTRACT.DOC Oscar R. Martinez, Lute Assistant City Manager Office of Management _ z and Budget Armando Chapa, City Secretary 0 - a 1� • • _ . 1• 1 � �" lLiii 1• Contract for Engineering (F/) Services Page 5 of 5 K \ENGINEERING DATAEXCHANGENJENNIFERIWASTEWATER1E12206 080 WRP NUTRIENT REMOVAL & RE -RATE To 24 MGD -PH 2 (FINAL)1CONTRAC- nCONTRACT.DOC EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS OSO WATER RECLAMATION PLANT NUTRIENT REMOVAL AND RE -RATE TO 24 MGD - PHASE 2 FINAL CITY PROJECT E12206 I. SCOPE OF SERVICES A. Basic Services. 1. Preliminary Phase. The A/E will: It is the intent of the Preliminary Phase to provide a study and report of project scope with economic and technical evaluation of alternatives, and upon approval, proceed with a Preliminary Engineering Report (PER) which includes preliminary designs (30 %), drawings, and written description of the project. This report shall include: a. Provide scope of soil investigations, borings, and laboratory testing and make recommendations to the City. Coordinate all required services with the Geotech Lab. (The City Engineering Services Department will provide necessary soil investigation and testing under one or more separate contracts.) b. Confer with the City staff regarding the design parameters of the Project. The A/E will participate in multiple formal meetings with City staff, provide agenda and purpose for each formal meeting; document and distribute meeting minutes and meeting report within seven (7) working days of the meeting as described in Exhibit A -1. The A/E will discuss the project with the operating department and other agencies, such as the Texas Department of Transportation (TxDOT) and Texas Commission on Environmental Quality (TCEQ) as required to satisfactorily complete the Project. c. Submit one (1) copy in an approved electronic format, and one (1) paper copy of the PER, for review with City staff. PER will include the following (with CONSTRUCTABILITY being a major element in all the following items): 1) Review the Project with the respective Operating Department(s) and discussions including clarification and definition of intent and execution of the Project. The A/E will meet with City staff to collect data, discuss materials and methods of construction, and identify design and construction requirements. 2) Review and investigation of available records, archives, and pertinent data related to the Project including taking photographs of the Project site, list of potential problems and possible conflicts, intent of design, and improvements required, and conformance to relevant Master Plan(s). 3) Identify results of site field investigation including site findings, existing conditions, potential right of way /easements to be acquired, and probable Project design solutions (which are common to municipalities), in accordance with S.U.E. (Subsurface Utility Engineering) standards (CI /ASCE 38 -02). Subsurface investigation will be paid as an additional service. 4) Provide a presentation of pertinent factors, sketches, designs, cross - sections, and parameters which will or may impact the design, including Engineering design basis, preliminary layout sketches, identification of needed additional services, preliminary details of construction of critical Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL, City Project E12206 EXHIBIT "A" May 7, 2013 Page 1 of 10 JACorpus Christi \130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A.doc elements, identification of needed permits, identification of specifications to be used, identification of quality and quantity of materials of construction, and other factors required for a professional design (CONSTRUCTABILITY). 5) Advise of environmental site evaluations and archeology reports that are needed for the Project (environmental issues and archeological services to be an Additional Service). 6) 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. 7) Confer, discuss, and meet with City operating department(s) and Engineering Services staff to produce a cohesive, well- defined proposed scope of design, probable cost estimates and design alternatives. 8) Provide a letter stating that the A/E and Sub - consultant Engineers have checked and reviewed the PER prior to submission. slubmission. pyT IV -aTTV efforts on nest s -avings toward City operations Whinh this nr( ieGt Will 0 f 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. Aerial photography for the Project area d. Through separate contract, related GIS mapping for existing facilities. e. A copy of existing studies and plans, as available from City Engineering files. f. Field location of existing city utilities. (A /E to coordinate with City Operating Department.) g. Provide applicable Master Plans. h. Provide bench marks and coordinates. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a. Study, verify, and implement PER recommendations including construction sequencing, connections to the existing facilities, and restoration of property and incorporate these plans into the construction plans. Development of the construction sequencing will be coordinated with the City Operating Department(s) and Engineering Services staff. 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, instruction to bidders, insurance, bond requirements, and preparation of other contract and bid related items; specifications and drawings to fix and describe, for one (1) bid, the size and character of the entire Project; description of materials to be utilized; and such other essentials as may be necessary for construction and cost analysis. c. Provide assistance to identify testing, handling and disposal of any hazardous materials and /or contaminated soils that may be discovered during construction (to be included under additional services). Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL, City Project E12206 EXHIBIT "A" May 7, 2013 Page 2 of 10 JACorpus Christi \130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A.doc d. Prepare final quantities and estimates of probable costs with the recommended construction schedule. The construction schedule will provide a phased approach to track progress and payments. e. For the 60% and Pre -Final (100 %) submittal stages, A/E shall furnish one (1) set of the interim plans (electronic and full -size hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Show existing elevations resulting from topographic survey. Show locations of utility lines, structures and their respective elevations resulting from the S. E. se the City's numbering system for utility manholes. Identify distribution list for plans and bid documents to all affected utilities including City and all other affected entities. Required with the interim plans is a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements such as: • Pipe Size or Building Size • Pipe Material, etc. • Why one material is selected over another • Pluses of selections • ROW requirements and why • Permit requirements and why • Easement requirements and why • Embedment type and why • Constructability, etc. • Specific requirements of the City • Standard specifications • Non - standard specifications • Any unique requirements • Cost, alternatives, etc. • Owner permit requirements and status f. Assimilate all review comments, modifications, additions /deletions and proceed to next phase, upon Notice to Proceed. g. 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 (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 staff. The A/E 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 signature of all disciplines including but not limited to structural, civil, mechanical, electrical, etc. I. TTequ;fed r Feyide 4raffin r.e.ptrels irinl61doRg a Tr -affin r__e FI4rr\I DlaR ill6ImiF1atiGF1 `'' `1 0 0 0 rn r�s and �-ipiRgcinnaliza4inn and as rl�nea4� ythe��� T-FaffiG `^ � � � � � y �rrcr " y � purr zrvrr— cra delineated z CriniF1eeFi F1g Depal:4mept ED ,;,4- --- 11\ -4- ..f 4- k-;; --I /1!1!10%\ -1--, 1. I -A 4 4 ..- ,4--mr -,4 - 1 --+r.. ;^ 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. Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL, City Project E12206 EXHIBIT "A" May 7, 2013 Page 3 of 10 JACorpus Christi \130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A.doc 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 to 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 A/E 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. 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 A /E'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 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. Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL, City Project E12206 EXHIBIT "A" May 7, 2013 Page 4 of 10 JACorpus Christi \130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A.doc 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. i. 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. Process applications /estimates for payments to contractor b. Conduct the final acceptance inspection with the A/E 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. 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 will, with written authorization by the Director of Engineering Services, do the following: 1. Permitting & Agency Coordination. (AUTHORIZED) Furnish the City all Engineering data and documentation necessary for all required permits. The A/E will prepare this Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL, City Project E12206 EXHIBIT "A" May 7, 2013 Page 5 of 10 JACorpus Christi \130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A.doc 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. Wetlands Delineation and Permit b. Temporary Discharge Permit c. NPDES Permit/Amendments d. Texas Commission of Environmental Quality (TCEQ) Permits /Amendments e. Nueces County f. Texas Historical Commission (THC) g. U.S. Fish and Wildlife Service (USFWS) h. U.S. Army Corps of Engineers (USACE) i. United States Environmental Protection Agency (USEPA) j. Texas Department of Licensing and Regulation (TDLR) 2. Topographic Survey. (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 tied to and conform with the City's lobal Positioning System ( PS) 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, inth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. A/E will also provide subsurface utility engineering (SUE) and land acquisition services as described in Exhibit A -1 and as required by the project. These services must be authorized by the Citv Drior to commencement of work. 3. Environmental Issues. (TBD) No Environmental issues have been identified and scoped with this contract amendment. Following the initiation of the design as directed by the City during the course of the project, the City may elect to amend the contract and negotiate a scope of work to: A. Provide environmental site evaluations and Archeology Reports that are needed for the Project. B. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and /or contaminated soils that may be discovered during construction. 4. Construction Observation Services. (TBD) Provide a Construction Management Team consisting of a Project Representative (PR), Project Construction Inspector (PCI), and Project Administrative Assistant (PAA) as described in Exhibit A -1. 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: Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL, City Project E12206 EXHIBIT "A" May 7, 2013 Page 6 of 10 JACorpus Christi \130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A.doc 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. 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 approval required to be made; and advise City and A/E 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, A /E'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 A/E and the City. Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL, City Project E12206 EXHIBIT "A" May 7, 2013 Page 7 of 10 JACorpus Christi \130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A.doc 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 A/E 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 A /E, 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. 5. Start -up & Training Services. 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, as described in Exhibit A -1. Provide Training services as described in Exhibit A -1 Provide factory witness testing as described in Exhibit A -1. 6. 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. 7. SCADA & O &M Documentation. Provide standardized SCADA documentation, which will include PFDs, P &IDs, loop sheets, logics, SCADA architecture, DCS 1/0 lists, instrument lists, tie -in lists, piping lists, equipment lists, and instrumentation specification sheets. The construction documents will include the requirements within the Construction Contract and specifications that the Contractor is to prepare SCADA documents as specified, for submission to the A/E for review and approval. A/E will provide the final SCADA documentation to City in organized format when approved. Prepare an Operation and Maintenance Manual for submittal to TCEQ as required by 30 TAC Chapter 217. Incorporate review comments and develop a FINAL O &M Manual as accepted by TCEQ. Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL, City Project E12206 EXHIBIT "A" May 7, 2013 Page 8 of 10 JACorpus Christi \130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A.doc 8. Public Involvement. (ALLOWANCE) Provide authorized services as described in Exhibit A -1. 9. Conformed Contract Documents. Provide authorized services as described in Exhibit A -1. 10. Existing Facilities Condition Assessment. (AUTHORIZED) Provide authorized services as described in Exhibit A -1. 11. Filtration & UV Disinfection Feasibility Study. (AUTHORIZED) Provide authorized services as described in Exhibit A -1. 12. Windstorm Certification. Provide all required services for Wnstorm Certification as described in Exhibit A -1. 13. Peer Review Coordination & Response. (AUTHORIZED) Provide authorized peer review coordination and response services as described in Exhibit A -1. 14. LMWWTP Decommissioning. Provide authorized services as described in ExhibitA -1. 15. Biogas /Natural Gas Onsite Cogeneration. (AUTHORIZED) Provide authorized services as described in Exhibit A -1. 16. Oso WRP Energy Audit. (AUTHORIZED) Provide authorized services as described in Exhibit A -1. 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 The detailed project schedule for each design task and construction phase is provided in Appendix B. In addition, a preliminary project cost breakdown by fiscal year is shown for design, construction, contingency and inspection. 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 A/E 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 ENGINEER'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. Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL, City Project E12206 EXHIBIT "A" May 7, 2013 Page 9 of 10 JACorpus Christi \130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A.doc B. Fee for Additional Servic Services under Section 1. B. fee as per the table below: C. Summary of Fees Table es. For services authorized by the Director of Engineering "Additional Services," the City will pay the A/E a not -to- exceed NOTES: " Rates have been escalated to the midpoint of construction for each contract. Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL, City Project E12206 EXHIBIT "A" May 7, 2013 Page 10 of 10 JACorpus Christi \130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A.doc CONTRACTA* (OSO WRP) CONTRACTB* (LMWWTP) TOTAL BASIC SERVICES 1. Preliminary Phase* $1,293,283 $620,514 $1,913,797 2. Design Phase* $2,564,148 $1,230,252 $3,794,400 3. Bid Phase* $71,410 $34,060 $105,470 4. Construction Phase* $862,552 $414,788 $1,277,340 Subtotal Basic Services $4,791,393 $2,299,614 $7,091,007 ADDITIONAL SERVICES (ALLOWANCE) 1. Permitting & Agency Coordination* (AUTHORIZED) $129,083 $97,100 $226,183 2. Topo Survey & Land Acquisition (AUTHORIZED) $82,944 $157,066 $240,010 3. Environmental Issues (TBD) $0 $0 $0 4. Construction Observation Services (TBD) $0 $0 $0 5. Start -Up & Training* $250,068 $59,008 $309,076 6. Warranty Phase* $88,086 $24,876 $112,962 7. SCADA & O &M Documentation* $166,461 $35,220 $201,681 8. Public Involvement* $12,037 $12,057 $24,094 9. Conformed Contract Documents* $82,428 $34,790 $117,218 10. Exist. Facilities Condition Assessment (AUTHORIZED) $295,390 $0 $295,390 11. Filtration & UV Disinfection Study (AUTHORIZED) $94,358 $0 $94,358 12. Windstorm Certification* $86,456 $20,904 $107,360 13. Peer Review - Coord. & Response* (AUTHORIZED) $367,305 $88,068 $455,373 14. LMWWTP Decommissioning* $0 $299,840 $299,840 15. Biogas /Natural Gas Onsite Cogen. (AUTHORIZED) $152,661 $0 $152,661 16. Oso WRP Energy Audit (AUTHORIZED) $271,416 $0 $271,416 Subtotal Additional Services $2,078,693 $828,929 $2,907,622 TOTAL FEE $6,870,086 $3,128,543 $9,998,629 NOTES: " Rates have been escalated to the midpoint of construction for each contract. Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL, City Project E12206 EXHIBIT "A" May 7, 2013 Page 10 of 10 JACorpus Christi \130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A.doc EXHIBIT "A -1" SCOPE OF WORK CITY OF CORPUS CHRISTI OSO WATER RECLAMATION PLANT NUTRIENT REMOVAL AND RE -RATE TO 24 MGD - PHASE 2 FINAL CITY PROJECT NO.E12206 TABLE OF CONTENTS Page 1 PRELIMINARY DESIGN PHASE ...................................................................... .............................14 1.1 GENERAL DESIGN CRITERIA ......................................................................... .............................14 1.1.1 HYDRAULIC PROFILE AND PROCESS MASS BALANCE DEVELOPMENT .......................... 15 1.1.2 CIVIL -SITE DESIGN CONCEPT ...................................................................... ............................... 15 1.1.3 PRELIMINARY DRAINAGE REPORT ............................................................ ............................... 16 1.1.4 UTILITY COORDINATION .............................................................................. ............................... 16 1.1.5 POWER DISTRIBUTION, STANDBY POWER, AND ONE -LINE DIAGRAMS ......................... 16 1.1.6 CONTROL SYSTEM PLANNING AND SYSTEM ARCHITECTURE DIAGRAMS .................... 16 1.1.7 PLANT SUPPORT SYSTEMS ........................................................................... ............................... 17 1.2 TREATMENT PROCESS UNITS DESIGN CRITERIA .................................. .............................17 1.2.1 INFLUENT PUMP STATION DESIGN ............................................................ ............................... 17 1.2.2 HEADWORKS DESIGN .................................................................................... ............................... 17 1.2.3 AERATION BASIN AND PROCESS AIR SYSTEM IMPROVEMENTS DESIGN ....................... 17 1.2.4 ODOR CONTROL SYSTEM DESIGN .............................................................. ............................... 18 1.2.5 DISINFECTION SYSTEM UPGRADES DESIGN ............................................ ............................... 18 1.2.6 LAGUNA MADRE WWTP TRANSFER STATION & FORCE MAIN ........... ............................... 18 1.2.7 OSO WRP EFFLUENT LINE TO LMWWTP ................................................... ............................... 19 1.2.8 PRELIMINARY P &IDS ..................................................................................... ............................... 19 1.2.9 FUTURE FACILITIES ........................................................................................ ............................... 20 1.3 GEOTECHNICAL COORDINATION ............................................................. ............................... 20 1.4 ARCHITECTURAL CONCEPTS DEVELOPMENT ..................................... ............................... 20 1.4.1 LANDSCAPING CONCEPT .............................................................................. ............................... 21 1.5 PRELIMINARY DESIGN PACKAGE ............................................................. ............................... 21 2 DESIGN PHASE .................................................................................................. ............................... 23 2.1 GENERAL DESIGN ............................................................................................ ............................... 23 2.1.1 GENERAL ............................................................................................................. .............................23 2.1.2 HYDRAULIC PROFILE AND PROCESS MASS BALANCE DEVELOPMENT .......................... 23 2.1.3 CIVIL -SITE DESIGN ......................................................................................... ............................... 23 2.1.4 FINAL DRAINAGE REPORT ............................................................................ ............................... 24 2.1.5 UTILITY COORDINATION .............................................................................. ............................... 24 2.1.6 POWER DISTRIBUTION, STANDBY POWER, AND ONE -LINE DIAGRAMS ......................... 24 2.1.7 PLANT CONTROL SYSTEM ............................................................................ ............................... 24 U: \Corpus Christ i\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract\2013 -05 -07 Oso PH2 - EXHIBIT A -1.doa Phase 2 TOC i Scope of Work 2.1.8 PLANT SUPPORT SYSTEMS ........................................................................... ............................... 25 2.1.9 MAINTENANCE OF PLANT OPERATIONS .................................................. ............................... 25 2.2 TREATMENT PROCESS UNITS ..................................................................... ............................... 25 2.2.1 INFLUENT PUMP STATION DESIGN ............................................................ ............................... 25 2.2.2 HEADWORKS DESIGN .................................................................................... ............................... 26 2.2.3 AERATION BASIN AND PROCESS AIR SYSTEM IMPROVEMENTS DESIGN ....................... 26 2.2.4 ODOR CONTROL SYSTEM DESIGN .............................................................. ............................... 26 2.2.5 DISINFECTION SYSTEM UPGRADES DESIGN ............................................ ............................... 26 2.2.6 ARCHITECTURAL, MECHANICAL AND ELECTRICAL DESIGN ............. ............................... 27 2.2.7 STRUCTURAL ................................................................................................... ............................... 27 2.2.8 LANDSCAPE ARCHITECTURE ....................................................................... ............................... 27 2.3 60% DESIGN — PLANS & SPECIFICATIONS ............................................... ............................... 28 2.4 100% PRE -FINAL DESIGN - PLANS AND SPECIFICATION .................... ............................... 29 2.5 FINAL DESIGN — CONSTRUCTION DOCUMENTS .................................... ............................... 29 3 BIDDING PHASE ................................................................................................ ............................... 30 3.1 PRE -BID CONFERENCE .................................................................................. ............................... 30 3.2 BIDDING COORDINATION AND ADDENDA PREPARATION ................ ............................... 30 3.3 BID EVALUATION AND RECOMMENDATION OF AWARD .................. ............................... 31 4 CONSTRUCTION PHASE ................................................................................. ............................... 31 4.1 GENERAL PROJECT ADMINISTRATION AND MEETINGS ................... ............................... 32 4.2 CHANGES ORDERS .......................................................................................... ............................... 34 4.3 PERFORM SITE VISITS ................................................................................... ............................... 35 4.4 REVIEW SUBMITTALS AND TEST RESULTS ............................................ ............................... 36 4.5 ISSUE INTERPRETATIONS AND CLARIFICATIONS ............................... ............................... 37 4.6 LANDSCAPE ARCHITECTURE ...................................................................... ............................... 38 4.7 SUBSTANTIAL COMPLETION /FINAL ACCEPTANCE INSPECTION ... ............................... 38 4.8 RECORD DRAWINGS ....................................................................................... ............................... 39 1 PERMITTING & AGENCY COORDINATION ( AUTHORIZED) ............... ............................... 40 1.1 BUILDING PERMIT/ INDUSTRIAL EXEMPTION AFFIDAVIT ............... ............................... 40 1.2 GENERAL AGENCY COORDINATION ........................................................ ............................... 40 1.3 PERMIT AMENDMENT APPLICATION ....................................................... ............................... 41 1.3.1 PREPARATION OF PERMIT AMENDMENT APPLICATION ...................... ............................... 42 1.3.2 SUPPORT DURING TECHNICAL PROCESSING OF PERMIT ..................... ............................... 43 1.3.3 MEETINGS DURING PERMIT AMENDMENT APPLICATION ................... ............................... 43 1.4 SPECIAL PERMITTING SERVICES (TBD) .................................................. ............................... 44 2 TOPOGRAPHIC SURVEY (AUTHORIZED) ................................................. ............................... 45 2.1 SITE SURVEY ..................................................................................................... ............................... 45 2.2 SUBSURFACE UTILITY ENGINEERING (SUE) ( ALLOWANCE) ............ ............................... 45 3 ENVIRONMENTAL ISSUES ( TBD) ................................................................. ............................... 47 4 CONSTRUCTION OBSERVATION SERVICES ( TBD) ................................ ............................... 47 5 START -UP & TRAINING SERVICES ............................................................. ............................... 47 5.1 FACILITIES START- UP .................................................................................... ............................... 47 5.2 TRAINING ........................................................................................................... ............................... 48 5.3 FACTORY WITNESS TESTING ...................................................................... ............................... 49 6 WARRANTY PHASE ......................................................................................... ............................... 49 7 SCADA AND O &M DOCUMENTATION ....................................................... ............................... 49 U: \Corpus Christ i\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract\2013 -05 -07 Oso PH2 - EXHIBIT A -1.doa Phase 2 TOC ii Scope of Work 7.1 SCADA DOCUMENTATION ............................................................................ ............................... 49 7.2 ELECTRONIC OPERATIONS AND MAINTENANCE MANUAL ............. ............................... 50 7.2.1 ORGANIZE ELECTRONIC FORMAT AND SECURITY ............................... ............................... 51 7.2.2 COMPILE BACKGROUND INFORMATION .................................................. ............................... 52 7.2.3 STANDARD PROCESS -LEVEL CONTENT SECTIONS ................................ ............................... 53 7.2.4 FACILITY -WIDE REFERENCE SECTIONS .................................................... ............................... 56 8 PUBLIC INVOLVEMENT ( ALLOWANCE) ................................................... ............................... 57 9 CONFORMED CONTRACT DOCUMENTS .................................................. ............................... 58 10 EXISTING FACILITIES CONDITION ASSESSMENT (AUTHORIZED) . ............................... 58 11 FILTRATION AND UV DISINFECTION FEASIBILITY STUDY (AUTHORIZED) ............... 60 12 WINDSTORM CERTIFICATION .................................................................... ............................... 62 13 PEER REVIEW COORDINATION AND RESPONSE (AUTHORIZED) ... ............................... 63 13.1 EVALUATION OF ALTERNATIVE DELIVERY METHODS .................... ............................... 64 14 LMWWTP DECOMMISSIONING ................................................................... ............................... 65 14.1 DECOMMISSIONING ....................................................................................... ............................... 66 14.2 CLOSURE PLAN ................................................................................................ ............................... 67 14.3 CLOSURE REPORT ........................................................................................... ............................... 67 15 BIOGAS /NATURAL GAS ONSITE COGENERATION ( AUTHORIZED) . ............................... 68 16 OSO WRP ENERGY AUDIT (AUTHORIZED) .............................................. ............................... 69 16.1 ELEMENTS OF THE AUDIT REPORT .......................................................... ............................... 71 16. 1.1 HISTORIC ENERGY CONSUMPTION ............................................................ ............................... 71 16.1.2 FACILITY OR MEASURE DESCRIPTION: .................................................................................... 71 16.1.3 EQUIPMENT LIST: ........................................................................................................................... 72 16.1.4 ENERGY CONSERVATION MEASURES: ..................................................................................... 72 16.1.5 LIMITATIONS .................................................................................................... ............................... 73 LIST OF TABLES Table1 Design Team ...................................................................................................... ..............................7 Table2 Project Workshops ............................................................................................ .............................10 Table 3 Condition Assessment Structures and Processes ............................................... .............................58 Table 4 Type I Reclaimed Water Quality Standards ...................................................... .............................61 U: \Corpus Christ i\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 - EXHIBIT A -1.doa Phase 2 TOC iii Scope of Work GENERAL INFORMATION The Oso Water Reclamation Plant (Oso WRP) serves a large and growing portion of the City of Corpus Christi, Texas (City). Significant facility upgrades are necessary for the plant to meet anticipated regulatory requirements, future plant flows, to ensure continued plant reliability, and to replace the temporary Phase 1 Breakpoint Chlorination (BPC) Facility. The BPC Facility is currently being constructed as a temporary means of meeting the plant's new effluent ammonia requirements in the short-term while planning, designing and implementing the permanent long -term Phase 2 improvements. Technical Memorandum No. 6 — Regulatory Compliance and Implementation Plan completed in Phase 1 describes the major capital improvements necessary to meet the current and anticipated (future) effluent regulations. In addition, Technical Memorandum No. 9 — Oso WRP Phase 2 Cost/Benefit Evaluation provides the background information on the drivers of the Oso WRP Nutrient Removal project, presents the results of a cost/benefit evaluation, and describes additional recommended improvements associated with the decommissioning and flow transfer from the Laguna Madre WWTP. This Phase 2 scope of service is intended to implement the improvements recommended in TM -6 and TM -9. The LNV Team consisting of Jacobs, Colwell & Associates, and Alan Plummer Associates (LNV or Engineer), has been retained by the City to provide engineering services for the Oso WRP Nutrient Removal Project (Ammonia). On April 29, 2011, the Texas Commission of Environmental Quality (TCEQ) issued a renewal of the plant's Texas Pollutant Discharge Elimination System (TPDES) permit which included a new monthly effluent ammonia limit of 4 mg/L. Prior to this renewal, the Oso WRP permit did not contain an ammonia limitation. The renewed permit also included a compliance date of October 29, 2013 to meet the new ammonia limit. The purpose of the compliance schedule was to provide sufficient time for the City to design, construct, and commission the necessary improvements to meet this ammonia limit. Phase 1 of this project includes the temporary Breakpoint Chlorination Facility which is currently under construction and is scheduled for completion in August 2013. The near -term (temporary) solutions are described in more detail in Technical Memorandum No. 3 — Ammonia Removal Alternatives Evaluation dated January 3, 2012. U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 1 Exhibit A -1 May 7, 2013 City of Corpus Christi, TX Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL Project No. E12206 Description of Project Scope The Oso WRP is the largest of 6 treatment plants owned and operated by the City of Corpus Christi. The most recent major upgrade to the Oso WRP was completed in 1982 when the plant's activated sludge process was converted to contact stabilization and designed to accommodate average daily flows of 16.2 MGD and peak hour flows of up to 98.0 MGD. Oso WRP produces an effluent quality that is in compliance with TCEQ's Type 11 Reclaimed Water ( §210.32) regulations. The Oso WRP is configured as two parallel trains; each rated at 8.1 MGD average daily flow. The contact stabilization configuration is designed to remove BOD efficiently, but is not well- suited for ammonia removal and is actually not allowed by TCEQ to be used as a nitrifying process. As a result, the long -term improvements will require major facility upgrades. Based on workshops the team conducted with the City, the Oso WRP upgrades must achieve the following goals and objectives: • Maintain regulatory compliance • Provide biological ammonia and total nitrogen removal • Provide accommodations for implementing future phosphorus removal • Provide Coliform and Enterococci removal and /or inactivation • Re -rate the average daily flow capacity to meet anticipated future flows • Maintain peak hour flow capacity of 98 MGD • Improve process automation and monitoring • Reduce process and maintenance costs • Reduce process odors • Provide operational and maintenance flexibility U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 2 Exhibit A -1 May 7, 2013 Phase 2 Improvements The Phase 2 improvements to meet the goals and objectives described above are described in detail in TM -6 and will consist of the following elements as shown in Appendix A: • Site Development & Yard Piping — additional cut/fill as needed for the final plant layout, paving, grading, and access roadways, and drainage improvements. Includes site landscaping, on -site miscellaneous yard piping, interconnecting process piping, tie -ins to existing and proposed treatment facilities and coordination with Oso WRP's existing hydraulic profile • New Influent Pump Station —80 MGD capacity, depending upon the results of the evaluation to either eliminate Lift Station No. 1 or consolidate Lift Stations No. 1 and No. 2 into a single submersible style station with dual wet wells; the influent pump station will include a building, flow measurement, pump hoisting system, and automated controls. • New Headworks — mechanical bar screens with associated washers /compactors for the screenings, vortex grit removal with grit pumps and classifiers, and flow splitting. • New Odor Control System — odor control system to serve both the new influent pump station and headworks • New Process Train No. 3 Aeration Basin — approximately 3 MG volume, anoxic and oxic zones, provisions to biologically remove phosphorus in the future, anoxic zone submersible mixers, fine bubble diffused aeration system, internal basin mixed liquor return (MLR) pumps and piping, return activated sludge piping, upgrades to the process air system (blowers & piping), and flow splitter structure • New Process Train No. 4 Aeration Basin — approximately 3 MG volume, anoxic and oxic zones, provisions to biologically remove phosphorus in the future, anoxic zone submersible mixers, fine bubble diffused aeration system, MLR pumps and piping, return activated sludge piping, upgrades to the process air system (blowers & piping), and flow splitter structure U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 3 Exhibit A -1 May 7, 2013 • Reconfigure Existing Process Train No. 1 & No. 2 (East and West) Aeration Basins — install new baffle walls to create anoxic zones, submersible mixers, fine bubble diffused aeration, diffused air piping, upgrades to the process air system, mixed liquor return (MLR) pumps and piping, walkways /catwalks, and return activated sludge piping • Upgrade Disinfection System — new chlorine solution pumping system, baffles, mixing, chlorine contact chamber mechanical internals • Electrical System Upgrades — overall site electrical for new process facilities, instrumentation and controls, two new electrical control rooms (ECRs), four (4) new standby electrical generators, relocation of two (2) existing generators, and area lighting • SCADA System — new plant -wide supervisory control and data acquisition (SCADA) system to monitor and control all new plant processes • Site and Civil Design — new yard piping to connect new process units, paving and grading, and landscape architectural elements • Maintenance Building — new facility with maintenance bays, shop, parts storage, storage, offices, restrooms, and locker rooms • Laguna Madre WWTP ( LMWWTP) Decommissioning & Transfer Pump Station — overall decommissioning and demolition of the entire treatment plant, 17.5 MGD lift station and force main to transfer wastewater flows from the LMWWTP service area to the Oso WRP, and effluent force main to transfer effluent from the Oso WRP back to the LMWWTP effluent line supplying the NASCC. These improvements are outlines and described in TM -9. • Condition Assessment of Existing Facilities — evaluate the condition, capacity, and treatment reliability of the existing facilities that will remain in service after the Phase 2 improvements are complete. Any additional design tasks associated with items identified in the condition assessment to be rehabilitated or replaced are not included in this scope and fee proposal, U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 4 Exhibit A -1 May 7, 2013 including the effluent outfall facilities, administration building belt press building, digesters, and clarifiers. Scope Limiting Assumptions The following scope limiting assumptions have been defined: • The total scope of the project will be delivered via one single contract (ie. one set of contract documents). • The Preliminary Project Schedule assumes the project will receive Notice to Proceed from the City no later than July 2013. • The City or Contractor will pay all fees associated with permit applications and plan review including City of Corpus Christi Development Services, Nueces County, TCEQ, and other agencies as required. • The starting point for this Design is based upon the major treatment processes and system recommendations in Technical Memorandum No. 6 — Regulatory Compliance & Implementation Plan. Upgrades or evaluations to the new existing Administration Building, Belt Press Solids Dewatering Building and /or those facilities identified during the condition assessment as requiring improvements are specifically omitted from the project. • This contract is based on the traditional project delivery method of design- bid -build for both Contracts A & B. However, City staff is currently investigating the feasibility, benefits and weaknesses of an alternative delivery method referred to as Construction Manager at Risk (CMAR). The preferred delivery method will need to be selected by the City prior to beginning the design phase (approximately 30% design level) and this contract will need to be modified appropriately if any alternative delivery methods are chosen. J:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 5 Exhibit A -1 May 7, 2013 Phase 2 Site Plan, Construction Estimate and Project Schedule The Phase 2 Preliminary Site Plan for the Oso Phase 2 improvements along with a preliminary routing plan for the LMWWTP transfers are shown in Appendix A. The Preliminary Construction Estimates are provided in Appendix B and the Preliminary Project Schedule is provided in Appendix C. The Preliminary Project Schedule takes into account a phased approach for all of the Phase 2 improvements and may require modification throughout the course of the Project. U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 6 Exhibit A -1 May 7, 2013 Design Team City of Corpus Christi, TX Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL Project No. E12206 The firms involved in this Project are listed below in Table 1 with their respective disciplines: Table 1 Design Team Firm Disciplines LNV Inc. Project Management Condition Assessment - Structural General, Civil and Site Design LMWWTP Decommissioning LMWWTP Transfer Pump Station Process/Mechanical Design Structural Design Architectural Design Topographic Survey Subsurface Utility Engineering (SUE) Land Acquisition Cost Estimating — QA/QC SWPPP Construction Administration (TBD) Start -Up & Training Services Warranty Energy Audit Jacobs Engineering Process Unit Design & Criteria Condition Assessment — Mech/Process Process/Mechanical Design Plumbing/HVAC Design Cost Estimating Constructability Review Start -Up & Training Services SCADA & O &M Documentation Construction Administration (TBD) Bio as/Natural Gas Cogeneration Colwell & Associates Electrical Design (All facilities) Instrumentation & Controls Design (All Facilities Alan Plummer Associates, Inc. (APAI) Permitting & Agency Coordination (TBD) Landscape Architectural Design (if required) J:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 7 Exhibit A -1 May 7, 2013 Design Standards The Engineer will be responsible for providing the work to meet the City of Corpus Christi standards. The Engineer will also comply with the following standards: All applicable Uniform and National codes along with the City amendments as adopted by ordinance • AWWA, NSF, ACI, ASTM, ANSI, etc., as applicable BASIC SER VICES Project Management Under this task, the Engineer will prepare a Project Procedures Manual (PPM) that will be distributed to all project team members. The Manual will be prepared by LNV's Project Manager and will contain the scope of work, project directory, communication protocols, schedule, budget, calendar, standards, and Quality Assurance /Quality Control procedures for the project. The PPM will document the plan to achieve timely project delivery, encourage the consistent application of cost control strategies, and devote the utmost attention to quality control. The Engineer will also track the Final Design and Construction Administration budget and schedule, coordinate and manage sub - consultants, prepare and submit invoices, and coordinate with the City's Project Manager. The Engineer will prepare and distribute monthly progress reports. LNV's Principal -in- Charge and Project Manager will meet monthly with the City's Project Manager to discuss the status and progress of the project. Manage the services of the firms providing design and construction management services for the completion of this project. Review the progress of the services being performed, prepare subconsultant agreements, determine correctness of partial payment requests, and process payment requests. Deliverables: Project Procedures Manual Monthly progress reports Monthly invoices J:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 8 Exhibit A -1 May 7, 2013 Project Meetings City of Corpus Christi, TX Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL Project No. E12206 The Engineer will prepare and distribute written minutes of these meetings to the City and the Project Team. Action items and decisions shall be clearly identified in the notes. Kickoff Meeting The Engineer will conduct a project kickoff meeting with representatives of City and Project Team. The purpose of this meeting will be to initiate the project and develop a working understanding of the following: • Introduce the Project Team • Review project Scope of Work • Review project schedule • Identify information needed from the City • Identify City contacts • Establish communication protocol and project procedures • Develop a project meeting schedule Deliverables: Agenda Meeting notes Workshop Meetings Engineer will conduct regular meetings with the City and Project Team members, as appropriate, to address technical and administrative issues related to the project. These meetings will be used to conduct technical workshops. A maximum of twelve (12) workshop meetings during the Preliminary Design and Design phases are expected. Table 2 summarizes the anticipated workshop topics. U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 9 Exhibit A -1 May 7, 2013 City of Corpus Christi, TX Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL Project No. E12206 Table 2 Proiect Workshops Topic of Workshop Subject Matter Condition Assessment Results and Results of condition assessment of existing Recommendations units and equipment to remain in service Filtration and Disinfection Alternative Results of the evaluation to upgrade the plant Analysis effluent to Type 1 and to use UV Disinfection Energy Audit & Biogas/Natural Gas Results of the evaluations and discussions on Onsite Cogeneration recommendations Basis of Design /Site Layout Flows & loads, mass balance, hydraulic profile, site layout I &C /SCADA SCADA protocol, equipment tagging, I &C standards plant controls stem Electrical/Power Distribution One -line diagrams, MCCs, standby power, etc. Identify the preferred equipment by Equipment Preferences manufacturer based on past experiences, availability, and maintenance Construction Phasing Constructability, maintaining operation, etc. Architectural & Landscape Color palette, design concepts, landscape Programming concepts, etc. Support Systems Potable water, drains, nonpotable water, etc. Preliminary (30 %) Design Present Draft PreliminaryDesign Reports 60% Design Present 60% design and cost estimate Fo% Pre -final Design Present 100% Pre -final design & cost estimate The purpose of these meetings will be to present design concepts and receive the City's opinions and comments. Items to be specifically addressed could be as follows: • Confirm configuration of process • Confirm systems and site layout • Identify control concepts • Identify architectural and structural preferences • Identify maintenance requirements and plant staff capability • Identify operational schemes U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 10 Exhibit A -1 May 7, 2013 • Identify tag numbering system • Gather data, records, drawings, and miscellaneous information • Identify project coordination and interfacing needs required to meet the project schedule Deliverables: Agenda Meeting Notes Project Meetings This task provides for meetings that pertain to the management of the project. The planned meetings and frequency are described below. The Engineer will prepare and distribute written results of these meetings to the City and the Team. Action items and decisions shall be clearly identified in the notes as a decisions log with the date the issue was identified, the individual raising the issue, the individual responsible for responding, the resolution /solution to the issue, and the resolution date. • Conduct monthly status meetings with the City project team to provide an update on project progress; receive information; coordinate the proposed design and construction activities under this contract with other proposed and ongoing design, construction, and maintenance activities; and to obtain direction and decisions from the City. Meetings will occur throughout Preliminary Design, Design, Bidding, and Construction phases of the project and will last approximately 2 hours, not including preparation and meeting notes. A total of 96 monthly meetings are planned over the duration of the project. • A total of six (6) targeted meetings with the City project team to discuss project issues will be scheduled. These meetings will be scheduled in advance to facilitate a focused, in depth discussion. Deliverables: Agenda Meeting Notes Internal Team Meetings U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 11 Exhibit A -1 May 7, 2013 The Project Team will meet on a bi- weekly basis to coordinate efforts and keep all team members informed about the project. The Engineer will conduct interdisciplinary coordination review meetings with its sub - consultants at the 30 %, 60 %, and 100% Pre -Final submittal stages. A total of 92 internal meetings are planned during the Preliminary and Design Phases. Deliverables: Agenda Meeting Notes Design and CAD Standards This task includes the development of design and CAD standards for the project. Design standards and typical design details will be developed for use on all portions of the project. Standard drawing setup, layering, and production standards will be implemented on all portions of the project. QA /QC Program This program includes the development and enforcement of QA/QC procedures and design and CAD Standards for Design. Reviews will be conducted for the 30 %, 60% and 100% Pre -final level of design completion. Design Quality Control Review The Engineer will provide the services of a Design Quality Control Committee (DQCC). The DQCC will be led by a Senior Engineer that will meet independently from the Design Team to review the 30 %, 60% and 100% Pre -final progress milestone submittals for technical merit, completeness of the drawings and specifications, and interdisciplinary coordination prior to submittal to the City. The Design Team and the DQCC will meet to review and resolve DQCC comments and suggested modifications to the progress milestone submittals. The comments and resolutions will be documented in a memorandum. The DQCC will be responsible for the following focused areas of review for each design submittal: • Consistency with the intent of the design concepts established in the Preliminary Design • Technical merit U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 12 Exhibit A -1 May 7, 2013 • Conformance with Engineer's Design Checklist • Conformance with Regulatory Agency and Development Services Design Checklists • Constructability • Operability and Maintainability Deliverables: Project QA/QC Manual Quality Control memo with review comments on design submittals Construction Quality Control Review The Engineer will provide the services of a Quality Control Committee (QCC) that will be led by the Project Manager that will meet independently to review the quality of construction and possible resolutions to construction situations that way arise. The QCC will be responsible for the following focused areas of review. • Construction Quality • Constructability • Operability and Maintainability U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 13 Exhibit A -1 May 7, 2013 I PRELIMINARY DESIGN PHASE Prior to the preparation of detailed plans and specifications, the Engineer will develop a Preliminary Design (30% Design) for the Phase 2 project elements. The purpose of the Preliminary Design phase is to develop an adequate definition of the Project to enable the Detailed Design phase to proceed without significant changes. A prerequisite to the preparation of plans and specifications is the development of a specific design agenda that incorporates the project site conditions and constraints, summarizes the rationale for each major detailed design decision, and contains design criteria including process control criteria and process descriptions for each component and system incorporated into the project. Another objective of Preliminary Design is to identify desirable equipment types, as well as the need to specify sole source procurement and /or equipment pre - purchase options. The selection and design of major process equipment will be based on technical factors, operability, and optimal lifecycle cost analysis. The results of Preliminary Design phase will be compiled into series of DRAFT Preliminary Design Reports (PDR) for the General Design Criteria task and for major project elements described in the Phase 2 Improvements section above. The PDRs will establish the design parameters, criteria, and concepts necessary for preparation of detailed plans and specifications. Each PDR will be delivered and presented to the City for a two (2) week staff review period followed by a resolution of comments at a regularly scheduled progress meeting. Each of the PDRs along with comments from the City will be incorporated in the FINAL Preliminary Engineering Report (PER), as appropriate, which will be submitted to TCEQ. Deliverables: Three (3) copies of each DRAFT PDR Three (3) copies of the FINAL PER and schematic drawings 1.1 General Design Criteria The Engineer will develop general Process Flow Diagrams and Design Criteria for all of the major process equipment and systems for each of the components associated with Phase 2. Also, a device numbering system, general notes, legends and symbols will be developed. U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 14 Exhibit A -1 May 7, 2013 The Engineer will develop a preliminary staffing plan for the City to use in manpower planning to operate and maintain the Oso WRP after the Phase 2 Improvements are complete. Deliverables: Process Design Criteria, Process Flow Diagrams, Device Numbering System Preliminary Staffing Plan 133 Hydraulic Profile and Process Mass Balance Development The Engineer will prepare hydraulic profile calculations to reflect the proposed improvements. The Engineer will also revise the BioWinTM dynamic process model prepared in Phase 1 to (1) incorporate the recent hydraulic and waste loading of the plant to update the process mass loadings, (2) confirm the impact of the internal plant flow return stream from the new Belt Filter Press Solids Dewatering Building, and (3) determine the optimum process to incorporate biological phosphorus removal for the future. Deliverables: Hydraulic Profiles UpdatedBioWinTM Dynamic Process Model Process Mass Balances 1.1.2 Civil -Site Design Concept The Engineer will develop preliminary site plans taking into consideration setbacks, site access, interface with TAMU -CC access roads, topography, existing utilities, and landscaping. The Engineer will develop preliminary yard piping and grading and paving plans reflecting the proposed improvements. Preliminary site plans should include final property boundaries, easements, setbacks, zoning, floodplain delineations, topography, proposed structure locations, vehicular circulation (plant drives), finished floor or top of structure elevations, drainage patterns and major drainage features. The Engineer will identify items required by the City for initial site plan approval and make sure those features are shown on the site plan. U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 15 Exhibit A -1 May 7, 2013 1.1.3 Preliminary Drainage Report The Engineer will update the on -site management of storm water runoff taking into consideration the proposed facilities. A Preliminary Drainage Report will be submitted to the City. Also included will be a draft update to the Storm Water Pollution Prevention Plan. Deliverable: Preliminary Drainage Report Draft Updated Storm Water Pollution Prevention Plan 13.4 Utility Coordination The Engineer will coordinate with the electric, telephone, and natural gas utilities to advise them of the City's utility service requirements. This will allow the utility companies to plan, design, and construct any off -site improvements needed to provide expanded service to the plant. Deliverables: Notes from meetings with the utility companies 1.1.5 Po wer Distribution, Standby Power, and One -Line Diagrams The Engineer will develop preliminary electrical one -line diagrams showing major equipment and method of providing power, determine estimated electrical equipment sizes for housing requirements and develop preliminary electrical load calculations. The Engineer will recommend appropriate stand- by power provisions. Deliverables: Power Feed Criteria, Stand -by Power Criteria, One -Line Diagrams 13.6 Control System Planning and System Architecture Diagrams For each treatment system, the Engineer will develop a control system architecture diagram, a process and instrumentation diagram, basic control logic description, and the method of control (either PLC or centralized data acquisition and control). Deliverables: Preliminary P &IDs Control System Architecture Diagram J:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 16 Exhibit A -1 May 7, 2013 Preliminary Process Control Descriptions 1.1.7 Plant Support Systems The Engineer will develop design criteria for the support systems at the WWTP. This task includes the plant, potable, and fire protection water systems. 1.2 Treatment Process Units Design Criteria 1.2.1 Influent Pump Station Design The Engineer will develop general Process Design Criteria and preliminary layouts for the new lift station. The station will be housed in a building with a firm capacity of 80 MGD, depending on the condition assessment of Lift Station Nos. 1 and 2, and will be based on a wet -pit design with submersible pumps. It will also include flow measurement of the discharge of the station. The criteria will include recommendations for redundancy of pumping capacity. Deliverables: Process Design Criteria and Preliminary Process Unit Layouts Equipment Data Sheets 1.2.2 Headworks Design The Engineer will develop general Process Design Criteria and preliminary layouts for the new Headworks. The Headworks will contain the mechanical screening and grit removal processes. Like the other proposed buildings, this facility will be designed to be compliant with the architectural programming and aesthetic theme determined in this Preliminary Design. Deliverables: Process Design Criteria and Preliminary Process Unit Layouts Equipment Data Sheets 1.2.3 Aeration Basin and Process Air System Improvements Design The Engineer will develop general Process Design Criteria and preliminary layouts for the new Train 3 and Train 4 aeration basins and for the conversion of the existing East and West Trains into aeration U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 17 Exhibit A -1 May 7, 2013 basins that can biologically remove nitrogen. All trains will include anoxic and oxic zones, fine bubble diffused aeration system with diffusers, air distribution piping, control valves and flow meters, MLR pumps and piping, RAS piping, upgrades to the process air blowers, and provisions to biologically remove phosphorous in the future. Deliverables: Process Design Criteria and Preliminary Process Unit Layouts Equipment Data Sheets 1.2.4 Odor Control System Design The Engineer will develop general Process Design Criteria and preliminary layouts for the new odor control system(s) for the Influent Pump Station and the Headworks. Deliverables: Process Design Criteria and Preliminary Process Unit Layouts& Equipment Data Sheets 1.2.5 Disinfection System Upgrades Design Although major modifications to the disinfection system have been considered and found unnecessary, a study will be performed to determine whether the current hypochlorite feed system should be upgraded or modified with an additional metering pump system and whether the existing chlorine contact chambers would benefit from the installation of baffles to prevent short circuiting. The Engineer will develop general Process Design Criteria and a preliminary layout for the improvements recommended in the study. Deliverables: Disinfection System Upgrade Study Process Design Criteria and Preliminary Process Unit Layouts Equipment Data Sheets 1.2.6 Laguna Madre WWTP Transfer Station & Force Main The Engineer will develop general Process Design Criteria and preliminary layouts for the new transfer station at the LMWWTP. The station will be housed in a building with a firm capacity of 17.5 MGD U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 18 Exhibit A -1 May 7, 2013 and will be based on a wet -pit design with submersible pumps. It will also include flow measurement of the discharge of the station. The criteria will include recommendations for redundancy of pumping capacity and stand -by generators. Based on preliminary routing evaluation, the force main to Oso WRP will be approximately 35,500 linear feet and will consist of dual 20 -in lines. Deliverables: Design Criteria and Preliminary Site Layouts Equipment & Material Data Sheets 1.2.7 Oso WRP Effluent Line to LMWWTP The LMWWTP currently provides 300,000 to 500,000 gallons of effluent to the NASCC per day for irrigation of their golf course. With the decommissioning of the LMWWTP, it will be necessary to transfer effluent from the Oso WRP back to the LMWWTP effluent line. It is anticipated that this line will be 12 -in diameter and will parallel the transfer station's dual force mains. Deliverables: Design Criteria and Preliminary Routing Material Data Sheets 1.2.8 Preliminary P &IDs The Engineer will develop preliminary Process & Instrumentation Diagrams (P &ID), a control system architecture diagram, basic control logic description, and the method of control (either PLC or centralized data acquisition and control) for all of the processes that will be in service after the completion of Phase 2. Deliverables: Preliminary P &IDs Preliminary Process Control Descriptions Preliminary Instrumentation List Preliminary Input/Output (FO) Point Count List U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 19 Exhibit A -1 May 7, 2013 1.2.9 Future Facilities The Engineer will update the Site Plan to reflect how the Oso WRP could be expanded in the future after Phase 2 is complete. Deliverables: Updated Site Plan for Phase 2 and future phase(s) 1.3 Geotechnical Coordination The Engineer will identify the extent of subsurface geotechnical investigations as required to support the design of the new facilities and will coordinate this effort with the City's selected Geotechnical Engineer. The Engineer will prepare a draft scope of work for the Geotechnical Engineer that includes a vicinity map for the site, identifies the number of bores and bore locations (the Geotechnical Engineer will be consulted in identifying bore locations), and creates the bore location exhibit. The Engineer also will review the draft geotechnical report findings and recommendations. The report prepared by the Geotechnical Engineer should include discussions on the laboratory and test analyses, findings and recommendations of the investigation, exhibits, boring logs, detailed descriptions of surface and subsurface conditions, seismic conditions, geotechnical profile, and recommendations for all required foundations(including piers, if necessary) and roadways, and recommendations of any additional geotechnical investigations that are required for design. Geotechnical findings and recommendations should include soil bearing loads, lateral earth pressures, trenching, excavation and over - excavation, fill and backfill, structural and foundation design parameters, soil corrosiveness, and design pavement section design criteria. Deliverables: Draft Scope of Work for Geotechnical Engineer 1.4 Architectural Concepts Development The architectural concept of the new belt press facility and planned adjacent TAMU -CC development will be used to develop an architectural program for proposed improvements at the Oso WRP. The Engineer will provide the initial architectural concepts and will prepare architectural drawings, renderings and 3 -D model to illustrate what the plant improvements will look like. Of particular interest U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 20 Exhibit A -1 May 7, 2013 will be the view studies of the plant with regards to TAMU -CC. This task includes the evaluation of various building horizontal and vertical relief elements, architectural treatments, construction materials, surface finishes, and color palettes, and the cost impacts of the various alternatives. The goal of this task is to select a cost - effective architectural programming and aesthetic concept so that the plant will be compatible with the architecture of TAMU -CC and visually pleasing to other adjacent property owners and the motoring public on Ennis Joslin Road. Deliverables: Preliminary Architectural Program 1.4.1 Landscaping Concept The landscaping concept of the existing facilities and planned adjacent residential developments will be used to develop a landscaping program for proposed improvements at the WWTP. The Engineer will provide initial landscaping concepts to illustrate what the landscaping improvements will look like for both Oso WRP and the decommissioned LMWWTP. The concepts developed under this task will be used by the Engineer to prepare a preliminary site plan illustrating the location of the proposed landscaping improvements. Deliverables: Preliminary Landscaping Site Plan 1.5 Preliminary Design Package The process for distributing the final basic design criteria for this project will include preparation of a DRAFT and FINAL Preliminary Engineering Report (PER) that includes documentation of changes made subsequent to the Regulatory Compliance and Implementation Plan and documentation of the recommendations from the Preliminary Design Tasks. The PER will describe the modifications, upgrades, types of materials and equipment, layouts, and other design criteria. It will also include preliminary drawings developed to a 30 percent level of completion. The capital costs will be developed to a Class 3 cost level, as defined by the Association for the U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 21 Exhibit A -1 May 7, 2013 Advancement of Cost Engineering (AACE). Annual O &M costs, including any cost savings that may occur by implementing the recommended alternative, will also be developed. Deliverables: Level 3 Cost Estimate (included in PER) Three (3) copies of the DRAFT Preliminary Design Report (PDR) Three (3) copies of the FINAL Preliminary Engineering Report (PER) U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 22 Exhibit A -1 May 7, 2013 2 DESIGN PHASE The Engineering services to be provided under this stage of work will include services related to the final detailed design of the Phase 2 improvements. The intent of the Design Phase of this project is to prepare a set of Contract Documents to define the work of the Phase 2 Improvements project in such a manner that satisfies the needs of the City, the requirements of governing regulatory agencies, and clearly and completely conveys the design intent and requirements to the prospective Bidders and the awarded Contractor. The Engineer will prepare final detailed plans and technical specifications in accordance with the Preliminary Design and any adjustments to the Preliminary Design as suggested and authorized by the City. 2.1 General Design 23.1 General The Engineer will update the Process Flow Diagrams and Design Criteria for all of the major process equipment and systems from the Preliminary Design. Also, the device numbering system, general notes, legends, abbreviations, and symbols will be updated. 23.2 Hydraulic Profile and Process Mass Balance Development The Engineer will finalize the hydraulic profile to reflect any changes since Preliminary Design. The Engineer will also prepare the final process mass balances to reflect the hydraulic and waste loading of the plant and the internal plant flow streams (e.g., belt filter press return). 23.3 Civil -Site Design The Engineer will finalize the site plans taking into consideration setbacks, site access, access roads, topography, existing utilities, and landscaping. The Engineer will finalize the yard piping and the grading and paving plans reflecting the proposed improvements. Site plans should include final property boundaries, easements, setbacks, zoning, floodplain delineations, topography, proposed U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 23 Exhibit A -1 May 7, 2013 structure locations, vehicular circulation (plant drives), finish floor or top of structure elevations, drainage patterns and major drainage features. The Engineer will identify items required by the Planning Department for site plan approval and make sure those features are shown on the site plan. 23.4 Final Drainage Report The Engineer will update the on -site containment of storm water runoff taking into consideration the proposed facilities. The Engineer will also finalize the SWPPP for the plant. 23.5 Utility Coordination The Engineer will coordinate with the electric, telephone, and natural gas utilities to advise them of the City's utility service requirements due to the Phase 2 improvements. This will allow the utility companies to plan, design, and construct any off -site improvements needed to provide expanded service to the plant. 2.1.6 PowerDistribution, Standby Power, and One -Line Diagrams The Engineer will update the electrical one -line diagrams showing major equipment and method of providing power, determine estimated electrical equipment sizes for housing requirements and develop preliminary electrical load calculations. The Engineer will update the stand -by power provisions defined in the PDR along with one -line diagrams, electrical site plans, site lighting plans, conduit schedules, and panel schedules. 2.1.7 Plant Control System The existing plant controls will be replaced with a new SCADA system as described in the PDR. The system network diagram and the individual points to be monitored, measured, alarmed and controlled described in the PDR will be updated. U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 24 Exhibit A -1 May 7, 2013 2.1.8 Plant Support Systems The Engineer will design the non - potable water distribution system, potable water, site fire protection systems, and site security upgrades. 23.9 Maintenance ofPlant Operations The Engineer will prepare Maintenance of Plant Operations (MOPO) plans to provide information to allow the Contractor to avoid interrupting the operation of new or existing treatment processes or units other than as coordinated with the City. The purpose of the MOPOs is to provide the Contractor a sequence to perform their construction activities in such a manner that uninterrupted treatment of the wastewater flows and continuous operation of all essential plant services and facilities are maintained throughout the construction period so that the Oso WTP is in compliance with all of the regulatory permit requirements at all times. This task also includes development of a plan for testing, startup, and initial operation of the Phase 2 improvements that is consistent with the anticipated sequence of construction. This plan will be developed with input from the City's operation and maintenance staff. 2.2 Treatment Process Units 2.2.1 Influent Pump Station Design The station will be housed in a building with a firm capacity of 80 MGD. The station will have a wet well with submersible pumps, be enclosed to contain odors, and have ducting to convey the foul air to the new odor control system. This facility will be designed to be consistent with the architectural programming and aesthetic theme determined in the Preliminary Design. The design will include redundant pumping capacity and will also include the measurement of the pump discharge flow. U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 25 Exhibit A -1 May 7, 2013 2.2.2 Headworks Design The Headworks will contain the mechanical screening, screening compaction, and grit removal processes. The odor - generating areas will be enclosed and the foul air will be captured and conveyed to the new odor control system that will also serve the Influent Pump Station. This facility will be designed to be consistent with the architectural programming and aesthetic theme determined in the Preliminary Design. 2.2.3 Aeration Basin and Process Air System Improvements Design This includes the following: • New Train 3 south of the East Plant • New Train 4 south of the West Plant • Conversion of East Plant to biologically remove nitrogen • Conversion of West Plant to biologically remove nitrogen All trains will include anoxic and oxic zones, fine bubble diffused aeration, stainless steel process air distribution piping, process air valves and flow meters to control air flow to each zone of the basin, MLR pumps and piping, RAS piping, and upgrades to the process air blowers. The design will also be able to accommodate the future addition of an anaerobic zone to biologically remove phosphorus. 2.2.4 Odor Control System Design The Engineer will design a new bio- filter for the new odor control system for the Influent Pump Station and the Headworks. 2.2.5 Disinfection System Upgrades Design If determined to be needed in the Preliminary Design phase, the Engineer will design a metering pump feed system and baffles to prevent short circuiting within the existing chlorine contact chambers. U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 26 Exhibit A -1 May 7, 2013 2.2.6 Architectural, Mechanical and Electrical Design The Engineer will provide architectural design services for the new Influent Pump Station and Maintenance Building along with the transfer station at the LMWWTP. This includes preparing final architectural drawings and specifications based upon the Preliminary Design. The drawings will include a site plan, site wall and gate, and for each building floor plans, roof plans, room finish schedules, door and window schedules, elevations, building sections, wall sections, stair plans and sections, and details for building components. Specifications anticipated include masonry, concrete, floor sealers, roofing system, metal flashings, miscellaneous metals, ladder to roof, stairs, railings, metal doors, steel gate, finished hardware, windows, glass and glazing, sealants, stucco, paint and stain finishes, fire extinguishers, and monorails. The Engineer will provide heating, ventilation, and air conditioning (HVAC), plumbing, and electrical design services for the Influent Pump Station and Maintenance Building. This includes preparing final drawings and specifications based upon Preliminary Design. The drawings will include floor plans, sections, schematics, fixture and equipment schedules, panel board schedules, and details for the HVAC, plumbing, and electrical building components. Specifications anticipated include HVAC equipment, air ducting, plumbing fixtures, and light fixtures. 2.2.7 Structural The Engineer will provide structural engineering design services. This includes preparing final structural drawings and specifications based upon the process unit and building layouts developed in the Preliminary Design. 2.2.8 Landscape Architecture The Engineer will provide, through a qualified subconsultant, landscape architecture design services. This includes preparing final landscape and irrigation drawings and specifications based upon the Landscape Concept developed in the Preliminary Design. U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 27 Exhibit A -1 May 7, 2013 Deliverables: Graphic exhibits illustrating landscape design for public meetings 2.3 60% Design — Plans & Specifications The 60 percent design will include the preliminary front -end documents, preliminary technical specifications for major equipment items, development of control system strategies, preliminary piping, preliminary equipment lists, and instrumentation lists. Under this task, the conceptual drawings prepared under Preliminary Design will be developed into the 60 %Design level. The 60% drawings will include dimensioned piping and equipment drawings; structural and architectural layouts, elevations, and sections; and detailed P &ID schematics, and equipment electrical one -line diagrams, power plans, and lighting plans. The LNV Team will prepare 60 percent level of completion plans, which will be defined and consist of a level of completion by disciplines as follows: • Cover /Title Sheet 70% • Sheet List 90% • General /Standard Sheets 70% • Demolition 70% • Process Mechanical 70% • Civil 70% • Structural 70% • Architectural 70% • HVAC and Plumbing 60% • Instrumentation /Control 50% • Electrical One -Lines 60% The Team will prepare 60% complete specifications, which will generally include: • Specification index • Preliminary front end documents (Division 0) • General requirements (Division 1) • Completed process equipment specifications • Preliminary specifications for support disciplines J:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 28 Exhibit A -1 May 7, 2013 2.4 100% Pre -final Design - Plans and Specification The 100% Pre -final Design segment is the continuation of detailing the plans and specifications. Work generally consists of addressing the review comments from the 60% design, completing typical and project details, completing specifications, and completing coordination between civil, process, mechanical, structural, architectural, electrical and control system designers. The Team will prepare 100% level of completion plans. The Team will prepare 100% complete specifications, which will generally include: • Revised front end documents (Division 0). • Revised general requirements of contract (Division 1) • O &M Manual equipment requirements (Division 1) • Curricula and O &M training requirements (Division 1) • Divisions of technical specifications (Division 2 to 48, as needed) All technical specifications will be prepared in accordance with the guidelines established by the Construction Specifications Institute (CSI) for Divisions 1 to 48. 2.5 FINAL Design — Construction Documents The intent of the FINAL Design is to assist the City with obtaining Building Permits, industrial exemptions and regulatory approvals from other agencies. The FINAL Design will incorporate the comments received from the City and regulatory agencies, and comments received from the Design Quality Control Committee (DQCC) into a set of Contract Documents. All plans, specifications, and calculations required for the building permit and regulatory submittals will be sealed and signed by a Professional Engineer, Architect, and Landscape Architect, as appropriate, who is registered in the State of Texas. The calculations will include those calculations required for permit review and approval (e.g. structural, plumbing, HVAC, electrical, and drainage). Specifications will be delivered as an 8 -1/2" x 11" set and on a CD -ROM in Microsoft Word (version 2007 or as directed by City) and in Adobe PDF. Plans will be submitted as both full size and 1/2-size and on a CD -ROM in electronic files for the project in AutoCAD R2007, or as directed by City. Upon the receipt of the final comments from City and the J:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 29 Exhibit A -1 May 7, 2013 regulatory agencies, the Engineer will incorporate the final comments into the construction documents and prepare them for distribution to the City, bidding Contractors, and the Team. Deliverables: Response memos to review comments (60 %, 100% and FINAL) 3 Sets of Plans (60 %, 100% and FINAL) 3 Sets of Specifications (60 %, 100% and FINAL) Construction Cost Estimates (60 %, 100% and FINAL) Maintenance of Plant Operations (MOPO) (60 %, 100% and FINAL) Operations and Commissioning Plan (60 %, 100% and FINAL) 1CD of Specifications/Drawings in electronic format (PDF, Word and CAD files) Sealed calculations (including process, structural, HVAC, plumbing, and electrical) 3 BIDDING PHASE This task will consist of assistance the City with conducting a Pre -Bid Conference, preparing the Pre - Bid Conference minutes, responding to bidder questions, preparing addenda, and evaluating the bids, and recommending an award to the Contractor. The City will advertise the bid and distribute the bidding documents (plans, specifications, and addenda) to the interested bidders and suppliers. 3.1 Pre -Bid Conference Approximately 3 weeks after the notice of bids has been advertised by the City, the LNV Team will assist the City in conducting a Pre -Bid Conference to review the details of the project and solicit questions regarding the Bid Documents. The Team will prepare a draft agenda for City review, address the review comments and finalize the agenda, and document the conference in writing within 5 working days. Deliverables: Meeting Agenda 3.2 Bidding Coordination and Addenda Preparation The Team will answer City and Contractor questions, develop written responses in the form of Contract Addenda, provide (1) set of any required addenda for distribution to Bidders, and provide overall support to City during the bid advertisement period. The addenda will include, as needed, (1) full size and (1) half -size sets of addenda drawings for distribution by the City to interested Bidders. U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 30 Exhibit A -1 May 7, 2013 Deliverables: Contract Addenda as necessary 3.3 Bid Evaluation and Recommendation of Award The Team will tabulate and review all bids received for compliance with the requirements of the bid documents, including addenda. After consultation with City, the team will prepare a written award recommendation based on this review and knowledge of proposed contractors' and subcontractors' past performance records. Deliverables: Bid Tabulation Contract Award Recommendation Letter 4 CONSTRUCTION PHASE The intent of the Construction Phase is to assist the City in confirming that construction of the Project is carried out in accordance with the requirements of the Contract Documents and the requirements of the City and regulatory agencies, within the project schedule, and with a minimum of disruption to ongoing activities at the facility. The construction Contract Documents are defined as the Agreement between the City and the Contractor, general conditions, supplemental conditions, drawings, standard details, specifications, addenda, approved project schedule, and executed change orders prepared for the construction of the project. The construction services effort will have the goal of facilitating the construction to enable the Work to progress in an efficient and cost - effective manner, while maintaining operations. The anticipated construction duration for Contract A is 36 months and for Contract B is 26 months. During the construction phase of the project, the following terms will apply: • In regards to the review of submittals from construction contractors, LNV will review and approve or take other appropriate action upon construction contractor(s)' submittals such as shop drawings, product data and samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the contract documents. LNV's action will be taken with such reasonable promptness as to cause no delay in the work while allowing sufficient time in LNV's professional judgment to permit adequate J:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 31 Exhibit A -1 May 7, 2013 review. Review of such submittals will not be conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities. • If Engineer is called upon to observe the work of City's construction contractor(s) for the detection of defects or deficiencies in such work, Engineer will not bear any responsibility or liability for such defects or deficiencies or for the failure to so detect. Engineer will not make inspections or reviews of the safety programs or procedures of the construction contractor(s), and will not review their work for the purpose of ensuring their compliance with safety standards. • Engineer will not assume any responsibility or liability for the performance of construction services, or for the safety of persons and property during construction, or for compliance with federal, state and local statutes, rules, regulations and codes applicable to the conduct of the construction services. Engineer will have no influence over the construction means, methods, techniques, sequences or procedures. Construction safety will remain the sole responsibility of the construction contractor(s). • All contracts between the City and its construction contractor(s) will contain broad form indemnity and insurance clauses in favor of City and LNV, in a form satisfactory to LNV. 4.1 General Project Administration and Meetings As the designated Design Consultant for the project, LNV will consult with and advise the City and act as its representative during construction. LNV will serve as the central point of contact for the Contractor. Instructions from the City to the Contractor(s) will be issued through LNV, who will have authority to act on behalf of the City to the extent provided in this Scope of Work, except as otherwise provided in writing. However, LNV will not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor(s) (except as otherwise specified in the Contract Documents) or the safety precautions and programs incident to the Work of the Contractor(s). Subconsultant personnel and other engineering and architectural disciplines from the design team will also provide a presence on the site through scheduled coordination meetings and inspections to provide quality control and monitoring for conformance with the design intent. U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 32 Exhibit A -1 May 7, 2013 LNV and other Project Team members will conduct specific architectural, electrical, and structural inspections required by governing Codes, prepare applicable documentation and records of such inspections, and certify compliance with design requirements and governing Codes. LNV will accompany visiting inspectors representing public or other agencies having jurisdiction over the Project and will record and report the outcome of these inspections. LNV or other Project Team members will review factory test reports as required by the Contract Documents and verify that the data reported meets the requirements of the contract documents. LNV will review test reports, whether by the Contractor or the Design Consultant, for compliance with quality standards and will take appropriate action to obtain additional data if necessary regarding the quality of materials and work in- place. The efforts of LNV will be directed toward providing a greater degree of confidence for the City that the completed Work of the Contractor conforms to the Contract Documents. However, LNV will not be responsible for the failure of Contractor to perform the Work in accordance with the Contract Documents. On the basis of onsite examination of materials, equipment, and workmanship, LNV will keep the City informed of the progress of the Work, will endeavor to guard the City against defects and deficiencies in such Work, and may disapprove or reject Work failing to conform to the Contract Documents. This task will include the following items: • Conduct a pre - construction conference. At the conference, LNV will identify field services to be provided and discuss appropriate coordination procedures. LNV will prepare an agenda for the meeting and will prepare and distribute the meeting notes. Provide construction administration, quality control, value engineering support and coordination: LNV will provide construction administration and quality control services during the course of the project to assure that the overall technical correctness of the construction phase services and U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 33 Exhibit A -1 May 7, 2013 that specified procedures are being followed and LNV's schedules are being met. LNV will provide coordination functions during the construction phase as follows: • Hold coordination meetings with the City and Contractor. • Coordinate with regulatory and approving agencies and utilities as required. • Coordinate the work of specialty sub - consultants assigned to the project. • Maintain and provide detailed project records and documentation during the construction phase. Project records will include correspondence, schedules, submittals, test data, project data, payments, change orders, meeting minutes, clarifications, mark -ups of drawings and specifications, and other such documentation. Project records will be delivered to the City's representative upon completion of the construction contract. Records will be maintained at the LNV's office. • Project Management Manuals. • Status reports for the construction contract will be provided. 4.2 Changes Orders LNV will review cost and time estimates for change orders and for Contractor's claims for additional cost or compensation due to differing site conditions, force majeure, material or equipment shortages, or other causes. LNV will also provide an estimate of the additional Design Consultant costs (if any) that would be incurred as a result of the change order. LNV will evaluate Contractor's claims to determine whether they are justified under the Contract and will review Contractor's proposals for additional compensation, credits, and /or time relating to changes or claims. LNV will make recommendations to the City's Project Manager on the amount of additional compensation, credit, or time extension due to the Contractor. In addition, LNV will clarify matters and work to resolve discrepancies with the Contractor. U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 34 Exhibit A -1 May 7, 2013 LNV, with other Project Team members, will perform necessary design revisions in connection with change orders to reflect modifications requested by the City, or as required by unforeseen conditions. Coordination of the resulting change order requests and any additional Design Consultant research and design efforts, up to a maximum number of hours as shown in the fee schedule, are included in this scope. LNV, with input from other Project Team members, will consider and evaluate Contractor's suggestions for changes in the Contract Drawings or Specifications and respond as appropriate or as required by the Contract Documents. LNV will coordinate with the City and provide recommendations pertaining to the suggested design modifications. LNV, with other Project Team members, will also perform necessary design revisions authorized by the City in connection with change orders to reflect modifications requested by the Contractor and will perform services in evaluating substitutions proposed by Contractor. Coordination of the resulting change order requests and any additional Design Consultant research and design efforts, up to a maximum number of hours as shown in the fee schedule, are included in this scope. Deliverables: Design Recommendations and Revisions as necessary 4.3 Perform Site Visits In addition to field services described above, LNV and other Project Team members' staffs and /or managers will conduct regular visits to the site (at least two (2) per month) to familiarize themselves with the status of work, make spot checks of work -in- progress, verify conformance with the design intent, and conduct detailed coordination of construction issues. Field reports will be kept to document progress and issues. A total of one hundred forty (124) site visits are anticipated for the duration of construction. Deliverables: Field Reports as necessary U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 35 Exhibit A -1 May 7, 2013 4.4 Review Submittals and Test Results LNV will receive, log and distribute for review and approval the submittals, shop drawings, samples, test results, operations and maintenance manuals, and other data that Contractor is required to submit. LNV will distribute and file the submittals after review action has been taken. LNV will follow -up to verify that revisions are made and resubmitted as required and will verify that such required submittals are received and approved prior to installation or payment for the materials covered. LNV will also perform a review of the schedule of shop drawing submissions and schedule of values prepared by Contractor and will discuss status of the submittals at construction progress meetings. LNV will be responsible for completing the submittal reviews within 15 business days and for monitoring the status and timeliness of responses. LNV, with other Project Team members, will review and approve product data, shop drawings, samples, test results, operations and maintenance manuals, and other data that the Contractor is required to submit. However, such reviews will be conducted only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents. Such review and approval or other action will not extend to means, methods, sequences, techniques or procedures of construction selected by Contractor, or to safety precautions and programs incident thereto. As part of this task, LNV will maintain a submittal log showing dates of submittal, transmittal action to other sub - consultants, dates of return and review action. Copies of the log will be furnished to the City and the Contractor monthly. LNV will also evaluate the Contractor's request for substitutions. Submittal review efforts are based on a maximum of two (2) reviews per submittal and that no more than fifty percent (50 %) of the total number of first submittals will require two (2) reviews. The level of effort for this task is based on receiving 600 shop drawing submittals. Not included in the scope of work for this task is the witnessing of specification compliance testing at manufacturer's factories. Deliverables: Monthly Updated Submittals Log Reviewed Submittals with Submittal Status Test Data Reviews U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 36 Exhibit A -1 May 7, 2013 4.5 Issue Interpretations and Clarifications LNV will act as main point of contact for interpretation of the requirements of the Contract Documents and judge of the acceptability of the work based on the requirements shown or specified. LNV will be responsible for responding to Requests for Information (RFI) within 5 business days and for monitoring the status and timeliness of responses. As part of this task, LNV will maintain a RFI log showing dates of submittal, transmittal action to other sub - consultants, dates of return, and a summary of the response. Copies of the log will be furnished to the City and the Contractor monthly. The level of effort for this task is based on receiving 200 RFIs. As specified in the General Conditions of the Contracts, LNV will interpret and issue decisions on claims of the Contractor(s) or the City relating to the acceptability of the work or the interpretation of the requirements of the Contract Documents or pertaining to the execution and progress of the work. LNV will also have authority, as the City's representative, to require special inspection or testing of the work. LNV and other Project Team members will issue interpretations and clarifications of the Contract Documents, as requested by the Contractor(s) or as deemed necessary by the Resident Engineer, to facilitate proper fabrication, construction, or installation of work. LNV will render interpretations or decisions in good faith and in accordance with the requirements of the Contract Documents (e.g., within 10- days). In the event of a claim or dispute by the Contractor, LNV will interpret the requirements of the Contract Documents and judge the acceptability of the work. LNV will make written recommendations to the City on all claims of the Contractor related to acceptability of the work, or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of work, or additional work as deemed necessary by the City. Deliverables: Monthly Updated RFI Log RFI Responses Contractor or City- Requested Change Reviews as necessary U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 37 Exhibit A -1 May 7, 2013 Contract Document Interpretations and Clarifications as necessary 4.6 Landscape Architecture The Engineer will provide, through a qualified subconsultant, landscape architecture construction phase services. This includes attendance at three progress meetings, four site visits, plant material review at nurseries, submittal reviews, clarifications and responses to RFIs, punch list reviews, and preparation of record drawings. Deliverables: Field Reports RFI Responses Reviewed Submittals with Submittal Status 4.7 Substantial Completion/Final Acceptance Inspection Following notice from the Contractor, LNV and other Project Team members will conduct an inspection to determine if the Project is substantially complete in accordance with the construction documents. If LNV considers the work substantially complete, then LNV will deliver to City and the Contractor a Certificate of Substantial Completion and a list of observed items requiring completion or correction (punch list), date for completion for the punch list, and recommendation for division of responsibilities between the City and the Contractor. LNV and other Project Team members will conduct a final inspection to determine if the finished Work has been completed to the standard required by the Contract Documents and that Contractor has fulfilled its obligations as required. This inspection will be based on the punch list and any other functional or operational deficiencies that occur in the time period between when the punch list is generated and the Final Inspection. A final list of items to be completed or corrected in accordance with the requirements of the construction documents will be prepared and submitted to the Contractor. U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 38 Exhibit A -1 May 7, 2013 After the Contractor has completed the work of the final punch list and upon written notice from the Contractor, LNV will review and determine that items on the final list have been completed or corrected and make recommendations to the City concerning acceptance and final payment. Deliverables: Substantial Completion Recommendation Substantial Completion Punch List Final Completion Recommendation Final Completion Punch List 4.8 Record Drawings LNV and the project team will prepare and deliver to the City record drawings of the constructed work both in hard copy and complete electronic files for the project in AutoCAD and PDF. Record drawing information will be obtained from redlined drawings prepared by the Contractor. Deliverables: 1 full -size sets of drawings '/z -size sets of drawings CD of drawings in AutoCAD and PDF format U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 39 Exhibit A -1 May 7, 2013 ADDITIONAL SERVICES 1 PERMITTING & AGENCY COORDINATION (AUTHORIZED) 1.1 Building Permit/ Industrial Exemption Affidavit The Engineer will prepare building permits and /or industrial exemption applications, make Final Design submittals to the City Development Services Department, and respond to comments received from the Department until the exemptions /building permits are approved. The actual cost of the permit(s) will be paid by the City and /or Contractor and the permit will be obtained by the Contractor prior to the start of construction. Deliverables: Building Permit Applications or Exemptions Response Documents to City Comments 1.2 General Agency Coordination Engineer will provide coordination with the personnel at the governing State/Federal agencies to seek approval for the permits and approvals needed to construct and operate the Phase 2 improvements. This will involve correspondence with TCEQ during the preliminary design and design phases to work toward their timely approval of the proposed process improvements and /or modifications and to maintain compliance with the City's discharge permit. The Engineer will provide backup documentation, clarifications, answers as requested by the permitting agencies. The Engineer will provide technical assistance to the City when such support is necessary to coordinate meetings and materials required for the Project. The City will take the lead for permit coordination with all governing agencies except for the permits indicated below. The Engineer will provide technical assistance to City when such support is necessary to coordinate and reconcile permitting requirements for the proposed project. The anticipated major coordination and permitting activities are listed in the tabulation below in terms of the project stakeholders involved and the project components requiring coordination. The actual cost of the permit(s) will be paid by the City. U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 40 Exhibit A -1 May 7, 2013 City of Corpus Christi, TX Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL Project No. E12206 Stakeholder Project Component(s) Lead Design Review Board (Scope is based on Building Architecture LNV approval of the concept at the staff level). City Planning and Development Services Building Permits LNV Department City Wastewater Dept, Fire Department Hazardous Materials Management Plan LNV (fP MP), Site Plan Building Permit City South Central Texas Association of Coordination with Section 208 Plan APAI Governments Texas Commission on Environmental Review & Decommissioning (Approval to LNV & Quality (TCEQ) Construct and Approval of Construction) APAI Texas Commission on Environmental TPDES Permits (Wastewater, Stormwater) APAI Quality (TCEQ) Texas Commission on Environmental Regulatory requirements associated with APAI Quality (TCEQ) closure plan of Laguna Madre WWTP This task will also include agency coordination meetings to be attended and conducted by the Engineer or the City. These meetings will discuss the project components outlined above and will include the stakeholders listed above (City — 6 meetings, County /State — 10 meetings, and Private — 4 meetings). This task assumes that the total number of meetings will not exceed 20 two hour meetings Deliverables: Agency Meeting Minutes Meeting Exhibits ATC and AOC Permit Applications to TCEQ Response Documents to TCEQ Comments 1.3 Permit Amendment Application The permit application process is divided into two phases plus a phase for meetings. The first phase provides for the preparation of the application and ends when the application is declared by TCEQ to be U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 41 Exhibit A -1 May 7, 2013 administratively complete. The second phase provides for support during the technical processing of the permit and ends when the permit becomes effective. The following provides details for the phases. 1.3.1 Preparation ofPermitAmendmentApplication The permit amendment application will be prepared using information provided by the City and collected by the LNV team. The following provides additional detail for each task. 1.3.1.1 Request for Information Engineer will prepare a list of information needed to complete the application. Requested information will include, but is not to be limited to, contact information, analytical data, site plans, and plant boundaries. 1.3.1.2 Prepare Draft Permit Amendment Application Engineer will review the information and data received. Engineer will verify that analytical methods used meet the TCEQ requirements. The information and data will be used to prepare the application. A draft application will be submitted to the City for review. A meeting will be convened to discuss the application package and obtain comments. 1.3.1.3 Prepare Permit Amendment Application Engineer will prepare a permit amendment application for submittal to TCEQ. The application will be provided to the City for signature. Per TCEQ requirements, the original and three copies of the application must be submitted to the TCEQ. If requested to do so, Engineer will hand - deliver originals and copies of the application to the TCEQ. 1.3.1.4 Support During Administrative Review Engineer will provide support during the administrative review of the application. Engineer will respond to TCEQ comments and questions. Engineer will assist the City in preparing the public notice and submittal of the public notice verification information to the TCEQ. U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 42 Exhibit A -1 May 7, 2013 1.3.2 Support During Technical Processing ofPermit After the permit amendment application is declared administratively complete, TCEQ will review the application and prepare internal technical memoranda, followed by the preparation of a draft permit and eventually the final permit. The following tasks will be completed during this period. 1.3.2.1 Coordination with TCEQ Technical Staff Engineer will provide support during the technical review of the application and periodically contact TCEQ staff to check on status of the amendment. Engineer will respond to TCEQ comments and coordinate responses to technical questions with the City. 1.3.2.2 Review of Draft Permit Engineer will distribute the draft permit to the City and prepare written comments to the draft permit for distribution to the City. An official comment letter will be prepared for signature by the City. Because of the complexity of this project, more than one draft permit may be provided by TCEQ to the City. This task provides for review of the initial draft, and up to three revisions of the draft permits. Engineer will assist with preparation of responses to the draft permits as necessary. 1.3.2.3 Final Notice and Review of Final Permit Engineer will assist the City in preparing the public notice and submittal of the public notice verification information to the TCEQ. Engineer will review the final permit to verify that it reflects previously agreed to conditions. 1.3.3 Meetings During PermitAmendmentApplication The Oso permit amendment application will be complex, requiring close coordination between the City, the City's consultants, the TCEQ, and possibly EPA. Some of the coordination will require meetings, including face -to -face meetings and conference calls. The following summarizes the projected meetings. U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 43 Exhibit A -1 May 7, 2013 Location Meet in Corpus Christi City of Corpus Christi, TX L%kv Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL JACOBS Project No. E12206 Number of Meetings Meetings in Austin with TCEQ during Technical Review of the Application 2 Conference Calls throughout project 10 Engineer will prepare minutes for each meeting and conference call. Deliverables: Draft Permit Application Responses to Draft Permit(s) Final Permit Application — one original and three copies Meeting minutes Responsibilities of City: Permit Application Fee Analytical Costs Cost of Newspaper Public Notices 1.4 Special Permitting Services (TBD) Special Permitting Services are those that are not currently anticipated to be a part of the project to amend the TPDES permit, but which could become necessary or desired at some time during the project. Engineer will perform these services only as authorized to do so by the City. If requested, Engineer will prepare a specific scope and budget for the services requested for review and approval prior to initiating the services. Following is a list of some of the Special Permitting Services that might be needed or desired: • Preparation for and participation in meetings or telephone calls with the public, including potential or actual protestants, or the development of public information or strategies to aid in avoiding protests. • Preparation for and participation in public meetings or public hearings. • Preparation for and participation in meetings with City's attorneys regarding potential or actual protests. • Meetings with City, TCEQ, or other regulatory authorities (e.g., U.S. Environmental Protection Agency) in addition to those provided for above. J:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 44 Exhibit A -1 May 7, 2013 • Time to review additional water quality data beyond that addressed above, should it become necessary to re- sample and re -test. • Field reconnaissance by Engineer to collect data or information not otherwise provided by City. • Draft permit review and preparation of comment letters beyond those described above. 2 TOPOGRAPHIC SURVEY (AUTHORIZED) 2.1 Site Survey The Engineer shall provide a site survey of the entire project limits. This will consist of the Oso WRP site, which includes approximately 15 acres of developed land with paving and existing structures, and 23 acres of undeveloped land, the LMWWTP for plant decommissioning and the transfer pump station, and the 35,500 LF routing for the dual force mains and effluent line. The Surveyor will perform a boundary and topographic survey of the sites, identify all setbacks, easements, rights -of -way, major features and structures at the plant and tie all survey work to the plant's existing horizontal and vertical coordinate system. Contours will be provided for every foot of elevation change, and results of this task will be presented in AutoCAD drawings which can be used as civil backgrounds. The total area to be surveyed is approximately 60 acres. In addition, the Surveyor will set two (2) permanent horizontal control points /benchmarks on the site that will be used for the entire Phase 2 design and construction work. Deliverables: AutoCAD files with all spot elevations and 1 foot contours Two permanent survey control markers 2.2 Subsurface Utility Engineering (SUE) (ALLOWANCE) The A/E shall perform engineering services which will result in accurately identifying the location of subsurface utilities, and for acquiring and managing that level of information during the development of the project. These services shall conform to standards and guidelines as described in FHWA and ASCE Subsurface Utility Engineering publications. The final work shall be completed such that all known U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 45 Exhibit A -1 May 7, 2013 utilities with potential conflicts are graphically depicted in both a digital and hard copy / plan sheet format. As the design progresses and when necessary, the A/E may be required to locate utilities that have a high potential for conflicts with the proposed improvements. For the purpose of this agreement, "locate" means to obtain precise horizontal and vertical position of the utility line by excavating a test hole. The test holes shall be done using vacuum excavation or comparable nondestructive equipment in a manner as to cause no damage to the utility line. After excavating a test hole, the A/E shall perform a field survey to determine the exact location and position of the utility line. This work is considered quality level A. The SUE tasks shall include — 1. Develop a test hole Location Plan based upon the guidelines set forth in the document: Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data, published by the ASCE, current edition, and obtain utility company records as required. 2. Neatly cut and remove existing pavement with the cut area not to exceed 144 square inches. Excavate using a method enabling vertical and horizontal exploration through this cut. 3. Excavate test holes in such a manner as to prevent any damage to wrappings, coatings, or other protective coverings, such as vacuum excavation or hand digging. 4. Backfill with approved material around utility structure. 5. Furnish, install, and color code a permanent above ground marker (i.e. P.K. nail, peg, steel pin, or hub) directly above the centerline of the structure and record the elevation of the marker. 7. Provide a permanent restoration of the pavement within the limits of the original cut at the time of backfill. If the test hole is excavated in an area other than the roadway pavement, the area disturbed shall be restored to equal or better than the condition before excavation. J:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 46 Exhibit A -1 May 7, 2013 8. Identify utility locations in digital and reproducible certified plan sheet format. At a minimum, the A/E shall provide the following test hole information: • Elevation of top and /or bottom of utility tied to datum of the furnished plan. • Elevation of existing grade over utility test hole. • Horizontal location referenced to project coordinate datum. The A/E shall perform all required survey work. • Outside diameter of pipe or width of duct banks and configuration of non - encased multi- conduit systems. • Utility structure material compositions and condition. • Identification of benchmarks used to determine elevations. • Elevations shall have an accuracy of +/- 0.1 -ft and certified accurate to the benchmarks used to determine elevations. • Horizontal data accurate to within +/- 0.2 ft or applicable survey standards, whichever is more precise. Provide the above SUE services (up to 260 field crew hrs), including hydro- excavator and operating crew, as required by the contract documents and /or as requested by the City. 3 ENVIRONMENTAL ISSUES (TBD) 4 CONSTRUCTION OBSERVATION SERVICES (TBD) 5 START -UP & TRAINING SERVICES 5.1 Facilities Start -Up LNV and other Project Team members will provide start-up services sufficient to transfer finished work from a construction status to an operating, functional system(s). Such services may include review of Contractor's start-up plan, preparation and coordination of a start-up plan and procedures for City personnel to use, observation and monitoring during start-up procedures, and assistance to City personnel during a period of initial operation (commissioning). LNV will coordinate with the Contractor and City in advance of scheduled major systems tests or start of important phases of the work. LNV will validate that the testing program submitted by the Contractor is in conformance with the Contract Documents and will adequately assure that the system(s) will U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 47 Exhibit A -1 May 7, 2013 respond properly during normal operations and anticipated unusual conditions. LNV will observe conduct of testing and startup and will verify that the approved testing program is followed and the reports provided are accurate and complete. LNV and other Project Team members will review the Contractor's training plan and instruction materials for compliance with Contract Documents. Contractor or Manufacturer training presentations will be scheduled and coordinated with City personnel and facility operation. Start-up services budget shall be based on providing a Project Engineer (as needed, up to 9 weeks @ 40 hrs /wk), Process Specialist (as needed, up to 8 weeks @ 40 hrs /wk), Electrical Engineer (as needed, up to 3 weeks @ 40 hrs /wk), and an Instrumentation & Controls Engineer (as needed, up to 2 weeks @ 40 hrs /wk) during facilities start-up for Contract A. Start-up services budget shall be based on providing a Project Engineer (as needed, up to 3 weeks @ 40 hrs /wk), Electrical Engineer (as needed, up to 1 weeks @ 40 hrs /wk), and an Instrumentation & Controls Engineer (as needed, up to 2 weeks @ 40 hrs /wk) during facilities start-up for Contract B. 5.2 Training To supplement the training from the Contractors and Manufacturers, LNV and other Project Team members will also provide instruction to plant operating personnel on the project objectives, design intent, and system operational procedures. A total of 10 training sessions that will last approximately 4 hours are planned. The training will be both classroom and hands -on and is intended to supplement the information presented in the O &M Manual described in Task 12.1. Training budget for Contract A is limited to a total of 540 hours (approximately 2 weeks @ 48 hrs /wk per facility start-up) for on -site training and training preparation. Training budget for Contract B is limited to a total of 100 hours (approximately 2 weeks @ 48 hrs /wk) for on -site training and training preparation. U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 48 Exhibit A -1 May 7, 2013 5.3 Factory Witness Testing Provide specialty engineer to witness factory testing of the special equipment as required by the contract documents. Provide the services of Engineer's staff and other team members (up to 75 hrs for Contract A and up to 68 hrs for Contract B) as required by the contract documents and as requested by the City. Deliverables: Review Comments on Contractor or Manufacturer Training Outlines and Lesson Plans Outlines and Lesson Plans for Training of Operations and Maintenance Staff 6 WARRANTY PHASE LNV and other Project Team members will provide services after completion of the construction phase, such as inspections during the 12 -month warranty period, reporting observed discrepancies under guarantees called for in the construction documents, and provide assistance for resolution of defects to be corrected under warranty. The correction of any defects observed in the inspections is the responsibility of the Contractor and their subcontractors and suppliers. This scope assumes that such services may be required for up to 190 hours per 12 -month warranty periods (up to 4 warranty periods). Deliverables: Correspondence with Contractor and equipment manufacturers Reports on warranty inspections 7 SCADA AND O &M DOCUMENTATION The Engineering Consulting services to be provided under this stage of work will include services related to the SCADA system and the preparation of an operations and maintenance manual for the Phase 2 improvements. 7.1 SCADA Documentation Provide SCADA documentation as described in Exhibit A. U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 49 Exhibit A -1 May 7, 2013 7.2 Electronic Operations and Maintenance Manual To date the extent of the operations and maintenance documentation for the WRP has been limited to an existing operations manual and individual equipment manuals. While these documents are sufficient to guide the operations and maintenance of the equipment and systems at the facility, the City has indicated a desire to compile a comprehensive plant Operations and Maintenance (O &M) manual that would bring together the information required to operate and maintain the overall facility. The major objective is to provide operations and maintenance staff with quick access to the information that is essential to performing their jobs. With today's technology, LNV does not believe that an O &M manual should be a static document that is stored on a shelf, but rather should be an interactive web -based tool providing nearly instantaneous access to the stores of information that should be available to the operators. The LNV approach to developing electronic O &M manuals in the most efficient way is to focus on five fundamental issues: • Making sure the content is correct and current. • Developing good interface aesthetics and graphics to provide a pleasing user experience. • Making the manual usable through attention to proper organization and coherent navigation. • Providing a system that can be easily modified and /or expanded. • Making technology decisions that allow for integration of new technologies, without an excessive technology- maintenance burden on the City. Beyond any other consideration, the content must be correct and focused on what the O &M staff needs to know. The electronic O &M manual format provides the opportunity to keep write -ups on procedures, control descriptions, etc. short and to the point (a fundamental in any web page design as well as in a successful O &M manual). Yet deeper levels of detail can be provided through links in the documents to allow the user to research a problem to its fullest extent, if necessary, for the task at hand. A key to the success of an O &M manual project, in whatever format, is the involvement of the end users. O &M staff at the facility must be provided the opportunity to contribute to the development process in a way that doesn't increase their workload, but does allow meaningful contributions. LNV will work directly with the users in developing and verifying our O &M manual content. The on -line U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 50 Exhibit A -1 May 7, 2013 format allows for immediate feedback as the content is being developed — it is published on -line, as it is developed (after our internal QC check), at which time users on all shifts may review and comment directly to the authors. This allows updates to be made the next day in some cases. Deliverables: Draft submittal of O &M manual content shell and format for City review and approval Draft O &M manual in electronic format for City review and approval 1 paper copy of the Draft O &M manual for City review and approval 1 presentation to City on Draft O &M manual Final O &M manual in electronic format 1 paper copy of the Final O &M manual 1 presentation to City on Final O &M manual 72.1 Organize Electronic Format and Security LNV will work with the City operations and IT staff to determine the best approach to the electronic format and security access issues. The starting point will be the electronic format for the New Broadway WWTP currently under construction. LNV will then develop a content shell for review by the City prior to installing the content. This task will include coordination with the City's systems integrator, security coordinator, and technical staff as well as the end users. LNV will organize the electronic O &M manual format to address the user's needs in six areas: • Content • Aesthetics • Usability/Features • Information Maintenance/Expansion • Technology /Implementation • Information Security The site will be designed with the following basic layout: Functional navigation buttons (help, search, feedback) at the very top of the site. Topical navigation menu on the left side of the screen. An expanding tree menu system will be used to organize content by process area and topic. The look and feel of the site will be managed using cascading style sheets to make it easy to modify aesthetics across the site. The O &M manual will be developed as a web site, suitable for access using a J:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 51 Exhibit A -1 May 7, 2013 web browser from a CD, LAN, intranet, or Internet connection. The documents will be in HTML format with supporting graphics in formats described below. The following hardware and software will be used to access /host the O &M manual. Existing City hardware and software will be utilized as much a possible. Any additional equipment or software will be included in the Contract Documents and will be furnished by the Contractor. • Microsoft Internet Explorer with Java and JavaScript enabled • Internet Information Server • 27" monitor with 1200 x 1080 resolution 72.2 Compile Background Information LNV will research and inventory the historical information and documents that exist for the WRP by examining the records found at the site and from the central City office files. In addition, LNV will assemble the large quantity of reports and drawings gained from City through previous project work on the Master Plan and Preliminary Design. The information to be researched and inventoried will include the following types of documents relating to the Oso WRP: • Original Equipment Manufacturer Manuals • Design Reports • Construction Drawings and Specifications • Permit Applications and Approvals • Materials Safety and Data Sheets • Written Facility and City Policies LNV will compile these documents and coordinate the copying or transfer of the information into the appropriate electronic format. After a review of the design drawings and specifications, manufacturer's manuals, and existing plant data systems (CMMS, etc.), an inventory of the plant equipment will be conducted in which nameplate information will be collected for major pieces of equipment. That information will be entered into the Plant Design Database developed by LNV and used in the Design Phase. U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 52 Exhibit A -1 May 7, 2013 72.3 Standard Process -Level Content Sections The O &M manual content will be developed with several standard sections. The purpose and format for those standard sections are described here. Each of these sections will be presented as topics within a given process area. Any section that is lengthy will be provided with an index at the top of the page to allow jumping directly to sections within the page. 7.2.3.1 Opening Page Each process area will open with a file that contains the name of the process area and a schematic showing an overview of the area. 7.2.3.2 Overview The Overview section will provide a brief (2 pages maximum) description of the process area including the process area objectives and brief descriptions of how those objectives are accomplished and components used in the area. Schematic diagrams of the area will accompany the description. Each Overview will contain the following headings: • Purpose & Objectives. • Process Fundamentals and General Description. • Sub - Systems. • Relations to Other Systems or Processes. 7.2.3.3 Theory The Theory section (also called Process Control) is used to briefly describe unit process theory (where applicable) and specific application of that theory to this plant. The section includes sample calculations. 7.2.3.4 Design The Design section presents design criteria for the process area. This section presents process -level design criteria and major equipment design characteristics; equipment data are provided in the U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 53 Exhibit A -1 May 7, 2013 Components section. The criteria will be presented in two - column tabular format, with the process parameter in the left column and the design value in the right. When the design criteria are longer than a single screen, an index will be provided at the top of the page to sections in the page. 7.2.3.5 Control The Control section presents a description of typical modes of control and control strategies for the major control loops in the process area. The strategies will include interlocks, permissives, and alarms. Specific operating procedures are given in the Procedures page. For each meter, gauge, and other analytical equipment, ranges and set points will be displayed. A photograph of each control panel will also be included, with callouts for major items on the panel along with a description of those items. 7.2.3.6 Procedures Standard operating procedures (SOPS) will be developed with the following sections: • General Overview. • Normal Operation. • Abnormal Operation. • Emergency Operation. 7.2.3.7 Safety This section will include safety information specific to the area, including descriptions of area - specific hazards and precautions. Each Area- Specific safety section will contain the following headings: • Hazardous Materials • MSDS Links • Personal Protective Equipment Requirements • Confined Spaces • Fire System (extinguisher locations, sprinkler systems, hydrant locations) The section will also contain an area -map locating safety- related items (chemical locations, fire extinguishers, fire hydrants, emergency eye wash, etc.) U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 54 Exhibit A -1 May 7, 2013 7.2.3.8 Drawings The Drawings section provides a listing of all CAD drawings pertinent to the process area. The summary list will indicate Drawing ID, Title and Discipline. The list will also provide links to view details about the drawing or to view the drawing itself. 7.2.3.9 Components The Components section provides a listing of all major equipment components within this area. Information will be presented in a tabular format and include the following columns: • Name - The common name for the component • Equipment Number - The component ID tag as specified on the design drawings • Characteristics - The characteristic size, capacity, etc. for the component • Function - A brief description of the component's function in the process Each equipment number will be a link to a detailed report for each component, which will include basic equipment data (manufacturer, model, etc.) as well as lists of photos, design drawings, manufacturer manuals, and recommended routine maintenance. The equipment data will be developed from an inventory of all of the equipment in the plant. 7.2.3.10 Troubleshooting The Troubleshooting section presents, in a tabular format, typical problems, possible causes, and remedies for process -level problems. The table will include the following columns: • Symptom • Possible Cause • Remedy 7.2.3.11 Alarms The Alarm Response section will be similar to the troubleshooting guide both in scope and organization. Alarm summaries will be listed first by the alarm name followed by the numerical designation. Following this information will be a list of possible causes and suggested responses. The set of causes U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 55 Exhibit A -1 May 7, 2013 and responses will be listed like a troubleshooting guide, organized to present the most obvious cause of the alarm first and the least likely cause of the alarm last. 7.2.3.12 Routine Maintenance The Routine Maintenance guide will identify the maintenance tasks recommended by the manufacturer to be performed for each piece of equipment. They will be organized in the database and presented in the detailed report for each piece of equipment. 72.4 Facility- Wide Reference Sections As part of the on -line system LNV will also develop non - specific information areas that will assist in the overall management and operation of the facility. These areas are listed below. 7.2.4.1 Home Page The Home Page will be a map of the facility with links to process areas. 7.2.4.2 Directives This page will be used by the Senior Operators to post operational directives for other operators. These directives will include: Operating set points (MCRT, wasting rates, return rates, etc.). Equipment Out of Service. Shift Schedules. It is anticipated that the page content will be updated on up to a daily basis. 7.2.4.3 Permits Links to PDF versions of the major facility permits are provided here. These include TPDES permits, Storm Water Pollution Prevention permits, and air quality permits. U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 56 Exhibit A -1 May 7, 2013 7.2.4.4 Drawings This section allows users to search and display CAD drawings related to the plant. 7.2.4.5 MSDS This section allows users to search and display lists of Materials Safety and Data Sheets and to review the resulting MSDS. 7.2.4.6 Manufacturers O &M Manuals This section allows users to search the database of scanned manufacturer manuals, and view the resulting PDF files (where available). 7.2.4.7 Help /About This will be a help file that describes how to use the manual. 8 Public Involvement (ALLOWANCE) The Engineer anticipates coordination with the Public, City of Corpus Christi Development Agencies, TAMU -CC, other regulatory agencies, and interested stakeholders. Public Involvement may be required to gain the acceptance of the public, and the Engineer Team will be utilized on an as- needed basis and an allowance is identified in the Fee Estimate provided. The Engineer will provide technical assistance to the City when such support is necessary to coordinate meetings and materials required for the Project. Public Involvement may also include preparation of exhibits, handouts or brochures. This task includes up to three (3) public information or City Council briefing meetings. All meetings will be coordinated through the City of Corpus Christi. It is assumed that the City's Project Manager or Public Involvement Coordinator will preside over each meeting. Each presentation is expected to be approximately two (2) hours. Deliverables: Exhibits, Brochure or Handouts, as required U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 57 Exhibit A -1 May 7, 2013 City of Corpus Christi, TX Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL Project No. E12206 9 Conformed Contract Documents The Team will incorporate the addenda changes into the plans and specifications to provide conformed Contract documents. All drawings will be stamped conformed. Half -scale plans will be provided with laminated covers bound with either GBC or spiral binders. Deliverables: Contract Addenda as necessary Pre -Bid Meeting Agenda, Presentation, and Meeting Minutes for Addenda Bid Tabulation Contract Award Recommendation Letter Conformed Plans and Specifications 3 copies of the Conformed Plans and Specifications (half -scale plans) CD in electronic character recognition Adobe PDF and Word 2007 format 10 Existing Facilities Condition Assessment (AUTHORIZED) The Engineer will evaluate the condition, capacity, and treatment reliability of the existing facilities at the Oso WRP to define the condition of the existing structures and equipment that will remain in service after the Phase 2 Improvements are complete. The purpose of the condition assessment is to evaluate the suitability of the existing structures to provide up to 30 years of reliable service and equipment to provide up to 15 years of reliable service. Engineer will make appropriate recommendations for improvements to achieve the 15 and 30 year goals. Table 3 presents the processes, structures, and equipment that will be evaluated. Table 3 Condition Assessment Structures and Processes Lift Station 1 and 2 (including Odor Blower House 1 through 4 Control Secondary Clarifiers I through 8 Doors and windows of buildings Chlorine Chambers 1 through 4 Site, paving, and grading Sodium Hypochlorite and Sodium Electrical and Instrumentation & Controls Bisulfite Storage and Feed Systems Aerobic Digesters I through 4 Outfall Line and Structure Effluent Pump Station — Oso Golf Course U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 58 Exhibit A -1 May 7, 2013 City of Corpus Christi, TX Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL Project No. E12206 The specific subtasks below will provide an understanding of the condition of the structures and equipment, electrical and controls system, and the performance of the existing treatment processes. • Visit the Oso WRP in order to interview City staff regarding any issues or concerns with the existing plant operation, maintenance, or performance. An initial visual inspection with staff will be conducted to gain knowledge of the operational condition of the existing equipment and structures. • Visually inspect the lift stations, secondary clarifiers, chlorine chambers, and aerobic digesters to document their structural condition. The results of the inspection will be logged and photographically documented in the PDR. The City will need to remove from service, drain, clean, and leave in a near dry condition the structures to be inspected. As the evaluation will consist of confined space entries, a written safety plan will be developed by the LNV Team and will be reviewed and approved by all parties prior to initiating activities. Safe access into the areas to be inspected will be provided by the City. The structural assessment does not include (1) a structural analysis to determine the existing capacities based upon current building codes nor (2) material testing (e.g., concrete coring and X -ray analysis) of the structures. • Visually inspect the lift stations, secondary clarifiers, chlorine chambers, and aerobic digesters to document condition of the mechanical and process equipment. This mechanical and process equipment includes the pumps, piping, and valves for the lift stations; the inlet baffles, scum removal, sludge collection, effluent weirs and launders for the secondary clarifiers; the chlorine chamber mixing and internals; and the coarse bubble diffused air system (diffusers, piping, valves, instrumentation) for the aerobic digesters. The City will need to remove from service, drain, clean, and leave in a near dry condition the structures to be inspected. As the evaluation will consist of confined space entries, a written safety plan will be developed by the LNV Team and will be reviewed and approved by all parties prior to initiating activities. Safe access into the areas to be inspected will be provided by the City. U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 59 Exhibit A -1 May 7, 2013 • Visually inspect the electrical power and the instrumentation /controls system to determine their suitability to provide up to 15 years of reliable service. This includes the following: o The motors, motor control centers, variable frequency drives (VFD), conduits, wiring, electrical manholes, light poles, fixtures, and junction boxes. Electrical gear will be evaluated to determine its classification status, condition and useful remaining design life as well as compliance to the appropriate codes. o The instrumentation and controls system will be evaluated including the wiring, and control panels to determine their condition, useful remaining design life, code compliance, and consistency with other recently completed improvements at Oso WRP. • Building upon the condition assessment developed above, the Engineer will identify and evaluate alternatives and provide recommended rehabilitation and /or replacement alternatives that can be developed into contract documents. The evaluation and recommendations will be described in a Condition Assessment PDR. • Review historical plant process and effluent data to evaluate the plants ability to adequately and reliably produce effluent in accordance with the discharge permit, with special emphasis on disinfection, chlorine, BOD and TSS. As the design and construction tasks that may result from the condition assessment cannot be defined exactly at this time, they are excluded from this scope of work and covered under a Special Services allowance that must have authorization from the City to proceed. Deliverables: Condition Assessment PDR 11 Filtration and UV Disinfection Feasibility Study (AUTHORIZED) The Engineer will prepare a feasibility study to determine the cost to upgrade Oso WRP's effluent water quality to a Type I Reclaimed Water as defined by TCEQ regulations ( §210.32).The feasibility study J:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 60 Exhibit A -1 May 7, 2013 City of Corpus Christi, TX Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL Project No. E12206 will be based on producing Type I effluent up to the plants average daily flow capacity of 24 MGD in the following scenarios; 2 MGD, 8 MGD, 16 MGD, and 24 MGD. The water quality standards for Type I are presented in Table 4 Table 4 Type I Reclaimed Water Quality Standards BOD5 5 Mg/L Turbidity 3 NTU Fecal coliform or E. Coh (30 -day Geometric Mean) 20 CFU /100 ml Fecal coliform or E. Coh (Maximum Single Grab Sample) 75 CFU /100 ml Enterococci (30 -day Geometric Mean) 4 CFU /100 ml Enterococci (Maximum Single Grab Sample) 9 CFU /100 ml Type I reclaimed water is allowed by TCEQ to be reused in areas where the public may be present during the time when irrigation occurs or other uses where the public may come in contact with the effluent. In order to meet the more stringent water quality criteria, the Oso WRP will need to add tertiary filtration to reduce the plant's turbidity and comply with the 3 NTU maximum limit. The feasibility study will evaluate the following filtration alternatives: • Conventional Sand Filtration • Cloth Disk Filtration • Microfiltration/Ultrafiltration Preliminary site and yard piping plans will be developed for each alternative. The capital costs developed to evaluate these alternatives will be Class 4 cost estimates, as defined by the Association for the Advancement of Cost Engineering (AACE). Annual operations and maintenance costs (O &M) will be included in the alternatives analysis. The second part of the feasibility study will be to evaluate the feasibility of upgrading the disinfection system to meet the higher Type I standards by implementing UV disinfection as the process that either replaces or supplements the existing Chlorination/Dechlorination system. Preliminary site and yard piping plans, along with Class 4 cost estimates, will be developed. Annual O &M costs will be included U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 61 Exhibit A -1 May 7, 2013 in the alternatives analysis. Cost - benefit and lifecycle costs analyses will be developed to compare the disinfection processes. NOTE: This scope of work specifically excludes the design of tertiary filtration and UV disinfection should the City decide to proceed with the design and construction of these treatment units. Deliverables: Draft and Final Filtration and UV Disinfection Feasibility Study 12 Windstorm Certification Engineer will perform Windstorm calculations, inspections, and provide certification for the following structures: 1. Maintenance Building 2. Generator Building /Control Room Building 3. ECR Building 5 4. ECR Building 6 5. Influent Pump Station (ie. Lift Station No.4) 6. LMWWTP Transfer Pump Station • Prepare WPI -1 form in accordance with the requirements of the Texas Department of Insurance (TDI) for Windstorm for the each of the New Structures; including foundations. • Review design calculations for new building structures and foundations to insure design is in accordance with the International Building Code 2003/2006 and Texas Dept. of Insurance for Windstorm compliance. • Perform wind pressure calculations in accordance with the International Building Code 2003/2006 for all building envelopes to insure all component and cladding elements meet or exceed the requirements of TDI for Windstorm. • Review all necessary submittals for foundation reinforcing, wall and floor framing, windows /frames /anchoring, doors /frames /anchoring, louvers /frames /anchoring and roofing for compliance with TDI. Initial submittal review and one (1) re- submittal review is included in this contract. Additional review of re- submittal's will be performed at an hourly rate of $150.00. U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 62 Exhibit A -1 May 7, 2013 • Perform necessary inspections during the entire construction process for all buildings and their respective foundation systems as required to visually verify that all foundation reinforcing, anchorage, primary and secondary framing, connections, sheathing installation, doors, windows and louvers are all constructed as designed. Additional re- inspections will be performed at an hourly rate of $150.00. • Submit WPI -2 —BC -5 forms upon completion of construction to receive the WPI -8 Windstorm Certificate. Windstorm Certification Requirements: The Contractor /Owner shall be responsible for providing all necessary Design / Assembly Documentation for all windows, doors, louvers ... etc. to the Windstorm Engineer / Inspector as required to conform to the requirements of the Texas Department of Insurance. All windows, doors, louvers... etc., at a minimum, shall meet all positive (inward) and negative (outward) wind pressures for "Components and Cladding" in accordance with the International Building Code 2006 (IBC 2006 with latest Texas Revisions) as calculated by Texas Registered Professional Engineer for the specific project. All Custom -Built Doors / Windows must be tested for the appropriate wind design pressures with a certified facility as approved by the Texas Dept. of Insurance prior to receiving any certification. 13 Peer Review Coordination and Response (AUTHORIZED) Anticipated effort is based on providing these services over the course of the 42 month preliminary design /design periods consisting of 12 workshops and 4 preliminary and design submittals. • The City has retained the services of Peer Review Team to review Project Deliverables and provide comments to City and Engineer. Engineer will respond to standard review comments from the City's Peer Review Team. Design revisions based upon Peer Review Comments are not included in this Scope. J:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 63 Exhibit A -1 May 7, 2013 • Participate as directed by the City in Peer Review of the project with the City and a Peer Review Team, a separate dedicated engineering team for peer review that is contracted by the City. • Provide as directed by the City required responses associated with the limited value engineering evaluation by a Peer Review Consultant of the design phase for the Oso WRP. Redesign efforts to incorporate Value Engineering are not included in this Scope. 13.1 Evaluation of Alternative Delivery Methods Various project delivery methods are available to the Owners of public projects in the State of Texas. While the traditional design- bid -build delivery method remains the most common method, there is considerable interest on the part of Owners in alternative methods of project delivery and the potential of these alternative methods to save money and time. The decision on the project delivery method for the Phase 2 Improvements impacts various aspects of the project including financing, procurement, ownership, and the associated levels of risk carried by the involved parties. Several fundamental project considerations are directly impacted by the delivery method selected. These considerations include the need to adhere to a realistic budget, a schedule that accurately presents the performance period, a responsive and efficient design process that leads to a quality set of documents, a thorough risk assessment followed by the proper allocation of risk by the owner, and a recognition of the level of expertise within the owner's organization or available to it. The most typical methods can be divided into three basic categories: Design- Bid - Build, Construction Management At Risk (CMAR), and Design - Build. The project delivery methods to be examined are: Design- Bid -Build (DBB) — The traditional project delivery approach, which customarily involves three sequential project phases: design, procurement, and construction. Construction Management At Risk (CMAR) — A project delivery method in which the Construction Manager acts as a consultant to the owner in the development and design phases, but assumes the risk U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 64 Exhibit A -1 May 7, 2013 for construction performance as the equivalent of a general contractor holding all trade subcontracts during the construction phase. Design -Build (DB) — A project delivery method that combines architectural and engineering design services with construction performance under a single contract. The project delivery analysis will evaluate each alternative project delivery model for life -cycle costs, risks, and qualitative / quantitative factors and issues. The analysis will include a stakeholder process to receive input from Owner and managers most affected by the new project. This will be accomplished through a series of workshops soliciting stakeholder input. The typical considerations in selecting the most beneficial delivery method are as follows: • Owner's Requirements and Risk Considerations • Project Delivery Methods Available to the Owner • Role of the Construction Manager • Contracting Alternatives • Procurement Alternatives The result of the analysis process will be a recommendation for the most appropriate approach to be used for the Phase 2 Improvements. 14 LMNVWTP Decommissioning The Laguna Madre Wastewater Treatment Plant (LMWWTP) serves the entire Flour Bluff peninsula, operates as an activated sludge process and discharges into the Laguna Madre. The plant is currently treating an ADF of 2.1 MGD and is permitted for 20 mg/L BOD5 and 20 mg/L TSS. The plant was originally constructed in 1971 and was expanded to its current 3.0 MGD average daily and 9.0 MGD peak 2 -hour capacities in 1986. The wastewater treatment plant consists of the following treatment units: U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 65 Exhibit A -1 May 7, 2013 • Office / Administration Building • Maintenance Garage • Influent Plant Lift Station • Headworks Facility with bar screen and grit removal system • Blower Building • One (1) Aeration Basin • Two (2) Secondary Clarifiers • Two (2) Re- aeration Basins • One (2) Pre - thickener Basin • Five (5) Digesters • Chlorine Contact Chamber • Chemical Storage Facilities • Effluent Pump Station • Drying Beds 14.1 Decommissioning The objective of this task is to decommission, demolish, and remove all existing onsite treatment units and infrastructure associated with the LMWWTP so that the plant can be taken out of service and all flows will be transferred to the Oso WRP. Work will be limited to the infrastructure on -site and within the property boundaries as listed above and will be coordinated with the site plan for the new Transfer Station. The infrastructure to be demolished or abandoned includes, but is not limited to, buildings, manholes, subsurface lines, valves, pumps, tanks /basins, filters, drying beds, mechanical equipment, and electrical equipment. The plan will consider the timing and coordination effort associated with the transfer station and will define the proper disposal requirements of all materials, equipment, sludge, etc. In addition, the Engineer will identify any opportunities for salvaging existing equipment. U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 66 Exhibit A -1 May 7, 2013 14.2 Closure Plan The Consultant shall coordinate a meeting with the TCEQ to discuss the closure of the plant and requirements for the regulatory closure associated with it. Based on the meeting results, the Consultant shall prepare the required closure plan for addressing regulatory requirements associated with the closure of Laguna Madre WWTP. A draft of the plan will be prepared for City review. The finalized closure plan will be submitted to the TCEQ. The Consultant shall coordinate with the TCEQ to obtain approval of the closure plan. The closure plan will address sampling of facility structures, soil and groundwater sampling as required by the TCEQ, required analyses of samples, coordination with demolition contractors, coordination for location of utilities, contingency procedures, and a schedule for closure. The closure plan will not address specific facility demolition specifications or plans, public involvement (addressed as an ADDITIONAL SERVICE in Task 14. 1), or implementation of contingency procedures, should they be necessary. 14.3 Closure Report The Consultant shall provide coordination for field support during closure sampling, including field locating sampling locations and monitor well locations (if necessary) in advance of sampling events. The Consultant shall work with field and laboratory personnel to ensure that samples are taken at the correct locations; that they are preserved, shipped, and stored, appropriately; and that analyses are appropriately performed. The Consultant shall evaluate the data obtained in the site investigation (i.e., site observations during the closure investigation and analytical results) and will prepare a draft closure report for the City's review. The final closure report will be submitted to the TCEQ. The Consultant shall provide coordination with the TCEQ in order to gain approval of the Closure Report for the facility. The Consultant shall be responsible for coordinating with the TCEQ and any other approving authorities and for preparing all documents necessary for the City to obtain all permits and approvals associated with this work. Deliverables: Draft and Final Laguna Madre WWTP Closure Report U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 67 Exhibit A -1 May 7, 2013 15 Biogas/Natural Gas Onsite Cogeneration (AUTHORIZED) The use of biogas, which is a valuable, methane -rich gas produced by the anaerobic digestion process in wastewater treatment, is a valuable renewable energy source. Biogas is typically used as the fuel source for a hot water or steam boiler with a heat exchanger to maintain the anaerobic digestion system at the desired temperature; when combined with an internal combustion engine and a generator to simultaneously produce electricity and useful heat, the process is called cogeneration. As the anaerobic digestion process requires primary sludge from the primary clarification, primary clarifiers need to be added to the existing liquid stream process at the Oso WRP. In additional to primary clarifiers, primary sludge pumping and WAS thickening will be needed to augment the anaerobic digesters. The Engineer will prepare a feasibility study to estimate the cost of utilizing biogas in a cogeneration facility to produce electrical power for the Oso WRP and waste heat from the gas engine to heat the digesters. The feasibility study will also evaluate the cost of a natural gas -fuel engine and generator to produce electricity to meet the electrical demand of the expanded Oso WRP as described in TM 6. The feasibility study will include the following: BioWinTM Process Modeling — The existing BioWinTM model of the Oso WRP will be updated to include primary clarification, primary sludge pumping, biological nutrient removal, secondary clarification WAS thickening with filtrate return flow, anaerobic digestion, and dewatered sludge filtrate return flow at the design flow of 24 MGD. The model output will confirm the treatment unit sizing, process air demand, effluent quality, sludge production, and biogas production design criteria. The model will assume the anaerobic digesters will be high -rate with supplemental mixing and heating and operate in the mesophilic range at 35 -C to produce Class B biosolids. • Preliminary Site Plan — An Oso WRP site plan will be prepared. It will be based upon the proposed site plan in TM 6 with the addition of the new treatment processes described above, new odor control equipment, and a cogeneration facility. • Sequencing Plan — A sequencing plan will be developed for the startup of the new process units of the Phase 2 project, while maintaining the existing plant operations. J:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 68 Exhibit A -1 May 7, 2013 • Estimate of Probable Construction Cost - Class 4 cost estimates, as defined by the Association for the Advancement of Cost Engineering (AACE), will be prepared for (1) the biogas utilization alternative utilizing the additional treatment processes described above and the applicable elements of the proposed upgraded described in TM 6 and (2) a cogeneration facility using natural gas as the single fuel source. • Life -Cycle Cost Estimates — Life -cycle cost estimates will be prepared for both the biogas utilization alternative and the natural gas - fueled cogeneration facility. The estimates will utilize the same life -cycle cost analysis methodology use in TM 9. • Prepare a Draft Biogas Utilization and Natural Gas Cogeneration Feasibility Study. Meet with the City to present and discuss the draft study. Address City comments and submit a Final Feasibility Study. NOTE: This scope of work specifically excludes design of primary clarification, primary sludge pumping, WAS thickening, anaerobic digestion, and cogeneration should the City decide to proceed with the design and construction of these treatment processes. Deliverables: Draft and Final Biogas Utilization and Natural Gas Cogeneration Feasibility Study 16 Oso WRP Energy Audit (AUTHORIZED) Providing wastewater service to municipal and industrial facilities requires a significant amount energy. Rising energy costs require wastewater authorities to better manage energy consumption and identify areas for improvement. Wastewater energy consumption generally accounts for 30% to 60% of the total facility's energy bill. Energy represents the largest controllable cost of providing wastewater services to the public. Many facilities were designed and built without energy costs as a major concern. With large pumps, drives, motors, and other equipment operating 24 hours a day, wastewater utilities can account for some of the largest individual energy expenses incurred by a local community. J:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 69 Exhibit A -1 May 7, 2013 At a time when many communities are striving to reduce operating costs and greenhouse gas emissions, an energy audit can provide the tools and resources necessary to help eliminate energy waste and lower operating costs of wastewater utilities. A review or thorough study of a facility's energy performance will identify areas for operational improvements and cost savings such as labor, chemicals, maintenance, and disposal costs. A thorough energy assessment may alert managers to other issues that can be identified and explored for further energy reduction measures. An unexplained increase in energy consumption discovered through a utility bill analysis may be indicative of equipment failure, an obstruction, or other problems associated with facility operation that may have not been exposed otherwise. A wastewater facility energy audit by LNV allows the facility owner to discover ways to save money by improving the energy efficiency of current operations. LNV will examine controls systems, primary and secondary treatments, aeration, and offer recommendations for operational improvements. Typically these may include variable frequency drives for speed control, SCADA control systems, pumping operations, aeration system modifications, and scheduling, building - related inefficiencies, and other upgrades to help your facility use less energy. As part of the energy audit, LNV will provide a comprehensive energy analysis and strategic operating plan offering recommendations for retrofitting, replacement, and energy conservation opportunities. The plan contains a financial payback analysis, including estimated annual savings, estimated cost to implement, simple payback, and a savings -to- investment ratio (SIR) for each recommendation. This allows the owner an opportunity to prioritize energy efficiency measures according to your capital budget and allows you to forecast for future capital expenditures. LNV will provide the City with a strategic commercial energy management plan which prioritizes the most cost - effective recommendations for energy savings. The plan includes: • A comprehensive list of recommended energy investments with the best paybacks and savings to investment ratios • A detailed list of low -cost opportunities for energy savings U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 70 Exhibit A -1 May 7, 2013 • Recommendations for energy improvements that could be implemented with the Phase 2 construction • Current and projected energy use • Annual electric and natural gas consumption /costs • A comprehensive analysis of existing energy inefficiencies • A list of potential energy rebates, incentives, grants, and other funding opportunities • Renewable energy opportunities and feasibility • Energy management strategies and how they can be implemented • Inventory and description of existing conditions 16.1 Elements of the Audit Report LNV will prepare an Energy Audit Report that incorporates each of the following elements: 16 1.1 Historic Energy Consumption 1) Compile energy usage and costs for each facility /building for the twelve months prior to the audit including kW, kWh, BTUs, therms, etc. and shall include billing meter readings that corroborate usage. 2) Identify the utility rate schedule under which services are provided to each meter. 3) Enter the required building and utility data into the U.S. Environmental Protection Agency's (EPA) Portfolio Manager energy benchmarking system for comparable wastewater energy performance. 16 1.2 Facility or Measure Description: Characterize facility usage and occupancy profiles, size, construction features including an assessment of the building envelope (windows, doors, insulation, etc.) and process equipment description and operations. J:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 71 Exhibit A -1 May 7, 2013 161.3 Equipment List: Provide a detailed inventory of equipment, which contains pertinent information for all energy consuming equipment including estimate of equipment efficiency and remaining useful life. For example, for lighting, for each area of each building, provide existing fixture type, existing lamp type, existing lamp count and existing ballast type, current watts per fixture and current energy cost per room /building. Similar detail will be provided for other equipment, including but not limited to process equipment such as wastewater pumping systems, aeration systems and chemical feed equipment of the treatment plant. 16 1.4 Energy Conservation Measures: Provide a narrative summary for each energy conservation measure recommended. For example, for lighting recommendations, for each area of each building, provide proposed fixture type, proposed lamp type, proposed lamp count, proposed ballast type, total watts per proposed fixture, projected energy savings per room, projected energy cost savings per room and before and after lighting levels. Similar detail will be provided for other measures. Clearly document the key assumptions made in analyzing each measure and describe the method of analysis. The Energy Audit and Analysis Fee includes: • Preliminary engineering consulting services to provide Oso WRP Nutrient Plant with the preliminary scope of work, estimated installed cost, estimated annual kWh production and resultant energy savings, and a financial analysis including all available incentives. • (2) Bound color copies of the Feasibility Analysis • (1) Electronic Copy on disk • (4) Engineering site visits • Client consultation • Presentation of Energy Assessment U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 72 Exhibit A -1 May 7, 2013 161.5 Limitations LNV, Inc. will rely on the accuracy of any information submitted to us by the CLIENT in the performance of our services, and will not be held responsible for errors or inaccuracies contained in information provided to us. 2. Detailed building energy simulations will not be performed. The study will employ techniques that rely on historical information compiled over the years from similar facilities. Individual building performance will not be modeled in great detail. Rather, building type, size and occupancy will be used to form a rough calculation model of the building (or specific equipment) energy usage for use in determining the estimated results of energy conservation measures. Likewise, construction costs will also be based on historic data compiled from similar installations, and engineering opinion. Deliverables: Draft and Final Feasibility Analysis U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 73 Exhibit A -1 May 7, 2013 N — 00 ss W ' \ O rt \ � T -n � DO 1:1 s55 d EE 1 sd a W00 \ G 2 ry 0 o a ca o Llz z :o o o w N >_ C W o C d U `z cp N — 00 ss W ' \ O rt \ � T -n � DO 1:1 s55 d EE 1 sd a W00 \ G 2 ry _.. In association with DATE: May 7, 2013 Jacobs Engineering Group BY JB & LB & JH engineers I architects I contractors Joshua Brown, P.E. PROJECT: Oso WRP Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL PROJECT NO: E12206 CONTRACT A LJCJIVN - D/1JIli JCR V IIiC O.V %0 .p '+ "+0'3,VVV ENGINEERING - ADDITIONAL SERVICES 2.0% $ 1,121,000 1 Influent Pump Station 1 LS $ 9,910,000 $ 9,910,000 2 Headworks 1 LS $ 9,734,000 $ 9,734,000 3 East Plant Retrofit 1 LS $ 5,585,000 $ 5,585,000 4 West Plant Retrofit 1 LS $ 5,585,000 $ 5,585,000 5 New East Process Train No. 3 1 LS $ 11,245,000 $ 11,245,000 6 New West Process Train No. 4 1 LS $ 10,545,000 $ 10,545,000 7 Maintenance Building 1 LS $ 1,158,000 $ 1,158,000 8 Disinfection System Modifications & Chlorine Contact Basin Mech Equip. Replacement 4 EA $ 325,000 $ 1,300,000 9 Digester No 2,3 & 4 Mech Equip Replacement 3 EA $ 325,000 $ 975,000 CONSTRUCTION SUB TOTAL (2013 $) $ 56.037.000 LJCJIVN - D/1JIli JCR V IIiC O.V %0 .p '+ "+0'3,VVV ENGINEERING - ADDITIONAL SERVICES 2.0% $ 1,121,000 TOPOGRAPHIC SURVEY 0.3% $ 169,000 CONTRACT ADMINISTRATION 3.0% $ 1,682,000 ENGINEERING SERVICES 3.5% $ 1,962,000 CONSTRUCTION INSPECTION 3.5% $ 1,962,000 TESTING 1.0% $ 561,000 BOND INSURANCE (1.0 %) $ 561,000 II ADMINISTRATIVE SUB TOTAL $ 12.790.000 II CONSTRUCTION TOTAL (2017 $)Note 1 $63,071,000 PROJECT TOTAL (2017 $)Note 1 $75,861,000 CONTRACT B 1 LMWWTP Decommissioning & Transfers 1 LS $ 27,161,000 $ 27,161,000 0 MIX CONSTRUCTION SUB TOTAL (2013 $) $ 27,161,000 DESIGN - BASIC SERVICE 8.0% $ 2,173,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 44,000 TOPOGRAPHIC SURVEY 0.3% $ 82,000 CONTRACT ADMINISTRATION 3.0% $ 815,000 ENGINEERING SERVICES 3.5% $ 951,000 CONSTRUCTION INSPECTION 3.5% $ 951,000 TESTING 1.0% $ 272,000 BOND INSURANCE 1.0% $ 272,000 MISC. PRINTING, ETC 0.5% $ 136,000 ADMINISTRATIVE SUB TOTAL $ 5,700,000 CONSTRUCTION TOTAL (2018 $)Note 1 $31,488,000 PROJECT TOTAL (2018 $)Note 1 $37,188,000 NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. 2. Items not included in the estimate are any structures or equipment identified during the condition assessment as requiring upgrades, rehabilitation, or replacement including but not limited to the outfall facilities, administration building, belt press building, digesters, clarifiers and /or yard piping. APPENDIX B Oso WRP Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL Project Estimates City Project No. E12206 Page 1 of 9 In association with: engineers I architects I contractors Joshua Brown, P.E. PROJECT: Oso WRP Nutrient Removal and Re-rate to 24 MGD - Phase 2 FINAL PROJECT NO: E12206 DESCRIPTION Proposed Influent Lift Station Project Estimates DATE: March 20,2013 1 Mobilization 1 LS 370,000 $ 370,000 2 Utility Relocation Allowance 1 LS 300,000 $ 300,000 3 Excavation 1 LS 500,000 $ 500,000 5 New 60" Inlet Piping 500 LF 1,000 $ 500,000 6 Lift Station Dual Wet Well 1 LS 750,000 $ 750,000 7 Submersible Influent Pumps 8 EA 150,000 $ 1,200,000 8 Lift Station Building 1500 SF 300 $ 450,000 9 Yard piping & Fittings 1 LS 500,000 $ 500,000 10 Flow Metering 1 EA 200,000 $ 200,000 11 Pump Hoist & Lifting System 1 LS 150,000 $ 150,000 13 Electrical, Instrumentation & Programming 1 LS 2,400,000 $ 2,400,000 CONSTRUCTION SUB TOTAL (2013 $) $ 9,910,000 DESIGN - BASIC SERVICE (8.0%) $ 793,000 ENGINEERING - ADDITIONAL SERVICES (2.0%) $ 199,000 TOPOGRAPHIC SURVEY (0.3%) $ 30,000 CONTRACT ADMINISTRATION (3.0%) $ 298,000 ENGINEERING SERVICES (3.5%) $ 347,000 CONSTRUCTION INSPECTION (3.5%) $ 347,000 ADMINISTRATIVE SUB TOTAL $ 2,270,000 NOTES: 1 Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. APPENDIX OeoVVRP Nutrient Removal and Re-rate to24MGD Phase 2FINAL Project Estimates City Project No. E122OO Page 2of9 In association with: Jacobs Engineering Group engineers I architects 9 contractors Joshua Brown, P.E. PROJECT: Oso WRP Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL PROJECT NO: E12206 DESCRIPTION: Proposed Headworks Structure DATE: March 20, 2013 BY: WLB & BHE & JH 1 Mobilization 1 LS $ 360,000 $ 360,000 2 Sludge removal and disposal 1 LS $ 150,000 $ 150,000 3 Demolition (Removal of buried post thickeners and Existing Headworks facility) 1 LS $ 350,000 $ 350,000 4 Pier Foundation - (54) 36" dia piers @ 50' Depth) 2700 VF $ 120 $ 324,000 5 Utility Relocation 1 LS $ 100,000 $ 100,000 6 Excavation 1 LS $ 50,000 $ 50,000 7 Modifications to Existing Lift Station Force Mains 500 LF $ 500 $ 250,000 8 Bar Screen Channel Concrete Structure 1 LS $ 500,000 $ 500,000 9 Grit Basin Concrete Structure 1 LS $ 750,000 $ 750,000 10 Bar screens, Compactors, Gates 1 LS $ 1,500,000 $ 1,500,000 11 Vortex Grit Equipment 4 EA $ 400,000 $ 1,600,000 12 Miscellaneous Piping 1 LS $ 300,000 $ 300,000 13 Electrical and Instrumentation 1 LS $ 500,000 $ 500,000 14 Odor Control Facilitv Improvements 1 LS $ 750.000 $ 750.000 11 CONSTRUCTION SUB TOTAL (2013 $) $ 9,734,000 11 DESIGN - BASIC SERVICE 8.0% $ 779,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 195,000 TOPOGRAPHIC SURVEY 0.3% $ 30,000 CONTRACT ADMINISTRATION 3.0% $ 293,000 ENGINEERING SERVICES 3.5% $ 341,000 CONSTRUCTION INSPECTION 3.5% $ 341,000 TESTING 1.0% $ 98,000 BOND INSURANCE 1.0% $ 98,000 MISC. PRINTING, ETC 0.5% $ 49,000 ADMINISTRATIVE SUB TOTAL $ 2,230,000 NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. APPENDIX B Oso WRP Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL Project Estimates City Project No. E12206 Page 3 of 9 LNV In association with: 1 Jacobs Engineering Group engineers I architects I contractors Joshua Brown, P.E. PROJECT: Oso WRP Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL PROJECT NO: E12206 2 DESCRIPTION: East Plant Aeration Basin Retrofit 1 DATE: March 20, 2013 BY: JB &LB &JH 1 Mobilization 1 LS $ 210,000 $ 210,000 2 Sludge removal & disposal 1 LS $ 250,000 $ 250,000 3 Utilty relocation RS piping) 1 LS $ 160,000 $ 160,000 4 Demolition 160' baffle wall 1 LS $ 100,000 $ 100,000 5 New baffle walls 1 LS $ 250,000 $ 250,000 6 Yard piping modifications 1 LS $ 500,000 $ 500,000 7 Mixers, MLR pump & pipe, WAS pump & pipe 1 LS $ 750,000 $ 750,000 8 New fine bubble diffusers 1 LS $ 525,000 $ 525,000 9 Upgrades to air piping (automated valves 1 LS $ 450,000 $ 450,000 10 Walkway retrofit due to new air pipe 1 LS $ 250,000 $ 250,000 11 Electrical and Instrumentation 1 LS $ 850,000 $ 850,000 111111101 ki 639:11,161 Ice] ki 6 *114111 rill r!1 Iffookel161in I DESIGN - BASIC SERVICE 8.0% $ 447,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 112,000 TOPOGRAPHIC SURVEY 0.3% $ 17,000 CONTRACT ADMINISTRATION 3.0% $ 168,000 ENGINEERING SERVICES 3.5% $ 196,000 CONSTRUCTION INSPECTION 3.5% $ 196,000 TESTING 1.0% $ 56,000 BOND INSURANCE 1.0% $ 56,000 MISC. PRINTING, ETC 0.5% $ 28,000 ADMINISTRATIVE SUB TOTAL $ 1,280,000 NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. APPENDIX B Oso WRP Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL Project Estimates City Project No. E12206 Page 4 of 9 LNV In association with: 1 Jacobs Engineering Group engineers architects I contractors Joshua Brown, P.E. PROJECT: Oso WRP Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL PROJECT NO: E12206 1 DESCRIPTION: West Plant Aeration Basin Retrofit $ 250,000 DATE: March 20, 2013 BY: JB &LB &JH 1 Mobilization 1 LS $ 210,000 $ 210,000 2 Sludge removal & disposal 1 LS $ 250,000 $ 250,000 3 Utilty relocation RS piping) 1 LS $ 160,000 $ 160,000 4 Demolition 160' baffle wall 1 LS $ 100,000 $ 100,000 5 New baffle walls 1 LS $ 250,000 $ 250,000 6 Yard piping modifications 1 LS $ 500,000 $ 500,000 7 Mixers, MLR pump & pipe, WAS pump & pipe 1 LS $ 750,000 $ 750,000 8 New fine bubble diffusers 1 LS $ 525,000 $ 525,000 9 Upgrades to air piping (automated valves) 1 LS $ 450,000 $ 450,000 10 Walkway retrofit due to new air pipe 1 LS $ 250,000 $ 250,000 11 Electrical and Instrumentation 1 LS $ 850,000 $ 850,000 11 CONSTRUCTION SUB TOTAL (2013 $) $ 5,585,000 11 DESIGN - BASIC SERVICE 8.0% $ 447,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 112,000 TOPOGRAPHIC SURVEY 0.3% $ 17,000 CONTRACT ADMINISTRATION 3.0% $ 168,000 ENGINEERING SERVICES 3.5% $ 196,000 CONSTRUCTION INSPECTION 3.5% $ 196,000 TESTING 1.0% $ 56,000 BOND INSURANCE 1.0% $ 56,000 MISC. PRINTING, ETC 0.5% $ 28,000 ADMINISTRATIVE SUB TOTAL $ 1,280,000 NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. APPENDIX B Oso WRP Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL Project Estimates City Project No. E12206 Page 5 of 9 In association with: Jacobs Engineering Group engineers I architects I contractors Joshua Brown, P.E. PROJECT: Oso WRP Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL PROJECT NO: E12206 DESCRIPTION: Proposed East Aeration Basin (Train 3) Project DATE: March 20, 2013 BY: WLB & BHE & JH ;> t n : "nPr� T#i:rT� 71 1 Mobilization 1 LS $ 420,000 $ 420,000 2 Utility relocation 1 LS $ 200,000 $ 200,000 3 News litter box with gates 1 LS $ 350,000 $ 350,000 4 Isolation Structures Clarifier & RAS 2 EA $ 100,000 $ 200,000 5 Excavation/ fill/ disposal 20000 CY $ 30 $ 600,000 6 Dewaterin 1 LS $ 250,000 $ 250,000 7 New aeration basin concrete structure 1 LS $ 1,600,000 $ 1,600,000 8 Yard &Air piping modifications 1 LS $ 1,100,000 $ 1,100,000 9 Mixers, MLR pump, WAS pump 1 LS $ 700,000 $ 700,000 10 Diffusers 1 LS $ 525,000 $ 525,000 11 Air piping (automated valves) 1 LS $ 450,000 $ 450,000 12 Blower Upgrades & Replacement 1 LS $ 750,000 $ 750,000 13 Walkways, Safety Rails 1 LS $ 250,000 $ 250,000 14 Electrical and Instrumentation 1 LS $ 1,250,000 $ 1,250,000 CONSTRUCTION SUB TOTAL (2013 $) $ 11,245,000 DESIGN - BASIC SERVICE 8.0% $ 900,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 225,000 TOPOGRAPHIC SURVEY 0.3% $ 34,000 CONTRACT ADMINISTRATION 3.0% $ 338,000 ENGINEERING SERVICES 3.5% $ 394,000 CONSTRUCTION INSPECTION 3.5% $ 394,000 TESTING 1.0% $ 113,000 BOND INSURANCE 1.0% $ 113,000 MISC. PRINTING, ETC 0.5% $ 57,000 ADMINISTRATIVE SUB TOTAL $ 2,570,000 NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. APPENDIX B Oso WRP Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL Project Estimates City Project No. E12206 Page 6 of 9 LNVIn association with DATE: March 20, 2013 Jacobs Engineering Group BY WLB & BHE & JH engineers architects f contractors Joshua Brown, P.E. PROJECT: Oso WRP Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL PROJECT NO E12206 DESCRIPTION: Proposed West Aeration Basin (Train 4) Project 1 Mobilization 1 LS $ 330,000 $ 330,000 2 Utility relocation 1 LS $ 200,000 $ 200,000 3 Isolation Structures Clarifier & RAS 2 EA $ 100,000 $ 200,000 4 Excavation/ fill /disposal 20000 CY $ 30 $ 600,000 5 Dewaterin 1 LS $ 250,000 $ 250,000 6 New aeration basin concrete structure 1 LS $ 1,600,000 $ 1,600,000 7 Yard & Air piping modifications 1 LS $ 900,000 $ 900,000 8 Mixers, MLR pump, WAS pump 1 LS $ 700,000 $ 700,000 9 Diffusers 1 LS $ 525,000 $ 525,000 10 Air piping (automated valves 1 LS $ 450,000 $ 450,000 11 Blower Upgrades & Replacement 1 LS $ 750,000 $ 750,000 12 Walkways & Safety Rails 1 LS $ 250,000 $ 250,000 14 Electrical and Instrumentation 1 LS $ 1,350,000 $ 1,350,000 CONSTRUCTION SUB TOTAL (2013 $) $ 10,545,000 DESIGN - BASIC SERVICE 8.0% $ 844,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 211,000 TOPOGRAPHIC SURVEY 0.3% $ 32,000 CONTRACT ADMINISTRATION 3.0% $ 317,000 ENGINEERING SERVICES 3.5% $ 370,000 CONSTRUCTION INSPECTION 3.5% $ 370,000 TESTING 1.0% $ 106,000 BOND INSURANCE 1.0% $ 106,000 MISC. PRINTING, ETC 0.5% $ 53,000 ADMINISTRATIVE SUB TOTAL $ 2,410,000 $ NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. APPENDIX B Oso WRP Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL Project Estimates City Project No. E12206 Page 7 of 9 In association with: Jacobs Engineering Group engineers I architects 9 contractors Joshua Brown, P.E. PROJECT: Oso WRP Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL PROJECT NO: E12206 DESCRIPTION: Maintenance Building DATE: March 20, 2013 BY: WLB & BHE & JH 1 Mobilization 1 LS $ 43,000 $ 43,000 2 Site Clearing & Preparation 1 LS $ 20,000 $ 20,000 3 Metal Building & Foundation 3000 SF 3000 SF $ 200 $ 600,000 4 Utility Relocation 1 LS $ 25,000 $ 25,000 5 Plumbing & HVAC 1 LS $ 150,000 $ 150,000 6 Electrical Improvements 1 LS $ 50,000 $ 50,000 11 CONSTRUCTION SUB TOTAL (2013 $) $ 1,158,000 11 DESIGN - BASIC SERVICE 8.0% $ 93,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 24,000 TOPOGRAPHIC SURVEY 0.3% $ 4,000 CONTRACT ADMINISTRATION 3.0% $ 35,000 ENGINEERING SERVICES 3.5% $ 41,000 CONSTRUCTION INSPECTION 3.5% $ 41,000 TESTING 1.0% $ 12,000 BOND INSURANCE 1.0% $ 12,000 MISC. (PRINTING, ETC) (0.5 %) $ 6,000 11 ADMINISTRATIVE SUB TOTAL $ 270,0001 NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. APPENDIX B Oso WRP Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL Project Estimates City Project No. E12206 Page 8 of 9 LNV engineers architects I contractors PROJECT: Oso WRP Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL 1PROJECTNO: E12206 DESCRIPTION: Laguna Madre WWTP Decommissiong, Transfer Lift Station & Wastewater /Effluent Force Mains Project DATE: May 7, 2013 BY WLB 1 Mobilization 1 LS $ 1,000,000 $ 1,000,000 2 Utility Relocation Allowance 1 LS $ 300,000 $ 300,000 3 Excavation for Wet Well 1 LS $ 35,000 $ 35,000 4 Dewatering for Wet Well 1 LS $ 40,000 $ 40,000 5 New 36" Inlet Piping 100 LF $ 350 $ 35,000 6 Dual Concrete Wet Well 1 LS $ 150,000 $ 150,000 7 135 HP Submersible Influent Pumps 6 EA $ 80,000 $ 480,000 8 Lift Station Building 1000 SF $ 300 $ 300,000 9 LS Yard piping Modifications 1 LS $ 50,000 $ 50,000 10 Flow Metering 1 EA $ 125,000 $ 125,000 11 Pump Hoist & Lifting System 1 LS $ 125,000 $ 125,000 12 Demolition & Decommissioning of LMWWTP 1 LS $ 750,000 $ 750,000 13 Electrical, Instrumentation & Programming 1 LS $ 1,000,000 $ 1,000,000 14 Dual 20 -in Wastewater Force Main to Oso WRP 29300 LF $ 280 $ 8,204,000 15 Dual 20 -in Wastewater FM Installed across Oso Bay via HDD 4750 LF $ 650 $ 3,087,500 16 Dual 20 -in Wastewater FM across Shoreline Bridge 1700 LF $ 300 $ 510,000 17 12 -in Effluent Force Main to LMWWTP 29300 LF $ 85 $ 2,490,500 18 HDD Effluent FM installed across Oso Bay via 4750 LF $ 170 $ 807,500 19 12 -in Effluent FM across Shoreline Bridge 1700 LF $ 100 $ 170,000 21 Dewatering by Well Pointing for both FMs 29300 LF $ 25 $ 732,500 22 HMACP Pavement Repair (3300 LF) 2567 SY $ 60 $ 154,000 23 JAir Release Valve Manholes & Assembly 20 EA $ 9,000 $ 180,000 24 lGate Valves @ 4000' Spacing 30 EA $ 5,500 $ 165,000 .... . CONSTRUCTION SUB TOTAL (2013 $) $ 27,161,000 DESIGN - BASIC SERVICE 8.0% $ 2,173,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 544,000 TOPOGRAPHIC SURVEY 0.3% $ 82,000 CONTRACT ADMINISTRATION 3.0% $ 815,000 ENGINEERING SERVICES 3.5% $ 951,000 CONSTRUCTION INSPECTION 3.5% $ 951,000 TESTING 1.0% $ 272,000 BOND INSURANCE 1.0% $ 272,000 MISC. PRINTING, ETC 0.5% $ 136,000 ADMINISTRATIVE SUB TOTAL $ 6,200,000 , NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. APPENDIX B Oso WRP Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL Project Estimates City Project No. E12206 Page 9 of 9 U a O U 0 a U >Z v O � N Y p. ug a O x . i' II�IIIAIIIIIIIIIIIIIII�I�A II�IIIg111111111111111i1iN Il�lllglllllllllllllllilill II�III�IIIIIIIIIIIIIIIiIiN �I ■IIIg111111111111111 ■I ■N t �Illtl�llllllllllllll�l�� t �IIIq�IIIIIIIIIIIIII�I�N :1111011116 :IIIliilllll� t �IIIq�IIIIIIIIIIIIII�I�Y t ■IIINIIIIIIIIIIIIIII ■I ■N t �III��IIII�IIIIIIIII�I�� t �IIIB�IIIIIIIIIIIIII�I�11 ■ �Illtlp�llllllIllllllll�l�lryl t ����BpO�����Ip���III�����tl t ����NO����II���II������� lv i II >Z v O � N Y p. ug a O x j ..... 1111111 ����� U a O U 0 a U II�IIIg111111111111111i1iN II�IIINIIIIIIIIIIIIIIIiIiA 11�111�111111111111111�1�� �I ■IIIIIIIIIIIIIIIIIIII ■I ■N t �Illtl�llllllllllllll�l�d t �IIIN�IIIIIIIIIIIIII�I�N t �Il�d�llll��llll��ll�l�� t �IIIR�Illlllllllllll�l�tl t ■IIItl111111111111111 ■I ■N :1IIINIIIIIIIIIII�IIIIII� t �IIIq�IIIIIIIIIIIIII�I�N ■ �IIIY�IllllIlIllllllIll�l�tl t �II���IIIIIIIIII�III�I�� C 1IIINIIIII�IIIIIIIIIIII� >Z v O OM ug a O x EW >Z v O OM ug a O x �' ?o ��; 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 AUTOMOBILE LIABILITY to included 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 WORKERS' COMPENSATION EMPLOYERS' LIABILITY KAEngineering Data Exchange \JENNIFER \FORMS \Exhibit B for Large.docx $1,000,000 COMBINED SINGLE LIMIT $1,000,000 COMBINED SINGLE LIMIT $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 500,000/500,000/500,000 EXHIBIT "B" Page 1 of 3 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. 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: 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 of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. EXHIBIT "B" Page 2 of 3 KAEngineering Data Exchange \JENNIFER \FORMS \Exhibit B for Large.docx 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 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 KAEngineering Data Exchange \JENNIFER \FORMS \Exhibit B for Large.docx ac l � m — a e 11 C W I W 000 N lezz ® z° J � C C V z 'O V O V Z N w m O r O N 0 0 0 0 M N oa�oog goo��pp� c,,Zo�o� 01, C6 0 0 0 0 8 h o o p m p m p o g o o o�000�o 0000mpmppmmo �a� � r d�} 0 0 Ou�o�r°,°o °a �oNppoN co �N� N O Irz� N LO H t0 N "Z 10 z� m ® O O ® N O p m p m O N N N �N- r- O O to 4! O 0000000 O S O r N N tD N ~ N C6 N 1 N U. 0. i'a a :c Z s :' o c��m oc() m2Q E a�a �v 1°' �g1 E o!f ammt°�v� ��� c�Ov�iv� a'cc�a�� EXHIBIT "C" Pau* 1 of 1 db SUPPLIER NUMBER TO BE ASSIGNED BY CrFY = PURCHASING DIVISION w`f CITY OF CORPUS CHRISTI City of corpus DISCLOSURE OF INTEREST Chnsti City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: LNV, INC. P. O. BOX: N/A STREET ADDRESS: 801 Navigation, Ste 300 CITY: Corpus Christi ZIP: 78408 - FIRM IS: 1. Corporation ® 2. Partnership 8 3. Sole Owner E] 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 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 Dan S. Leyendecker Marina Advisory Board 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 XHIBIT `B" Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Dan S. Leyendecker, PA Title: President (Type or Print) Signature of Certifying Date: ���1 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. "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. EXHIBIT "B" Page 2 of 2 � N � O oz O � o � N u N O U � O b�A V c�3 V O �-1 P-� C) C) V) .O ct O O C) r-I C) ct • r-4 U U U .ct O ct cn 0 0 4 ct O 4-1 i ct U 9 4-1 ct U bA 3 Ct U O U ct U O ct U O U � • ct 4--+ cn %.%j 4—a U � � O U ct a 4 ct ct U .ct 0 U 0 cq ,--4 ,--4 w •O U O 4-1 cn O OR r O I4 .C) C� bA .O LI C) ct • F--4 F--4 U bA O O ct c C) "--4 ct o bo 4-J C ct.' U � U U 4= U O 4-1 � O � U � r♦ O 4 LL cv � n wr Q U W O b�A V c�3 V O �-1 P-� C) C) V) .O ct O O C) r-I C) ct • r-4 U U U .ct O ct cn 0 0 4 ct O 4-1 i ct U 9 4-1 ct U bA 3 Ct U O U ct U O ct U O U � • ct 4--+ cn %.%j 4—a U � � O U ct a 4 ct ct U .ct 0 U 0 cq ,--4 ,--4 w •O U O 4-1 cn O OR r O I4 .C) C� bA .O LI C) ct • F--4 F--4 U bA O O ct c C) "--4 ct o bo 4-J C ct.' U � U U 4= U O 4-1 � O � U � r♦ O 4 LL cv V J V J n� n� —J V J O A � n 'n r Q � Q � U W V J V J n� n� —J V J O A O 4-� w O WE Kii i�-j Jn 'n r U LU O 4-� w O WE Kii m i�-j Jn 'n r U LU m d--� u to V .0 O 4-j CtN a) �ct or.cl Ctr--4 C� 1 C) C) 4-j Ct • C) 4-j o� 0 w a A w O O O � n O O O O O wr O O O O O O m rrQ V LU d--� u to V .0 O 4-j CtN a) �ct or.cl Ctr--4 C� 1 C) C) 4-j Ct • C) 4-j o� 0 w a A w O O O O O O O O O O O O O O O O m ON N co -C,S -CS co ct 0 a V) ct G oa N U U 4-J ct ct �w : : : F O F O N O O N O O O co (0"0 O a Lo Cr 00 O 00 -c's -Cos .W U : bA ' .4--J o :W U : 'A o • O co a-J : [••� tt :. �•4--J 4 a ct . •W V) • b � �C 4 LL L-1 engineers I architects I contractors TBPE No. F-366 Phone: (361) 883-1984 Fax: (361) 883-1986 801 Navigation, Suite 300 Corpus Christi, Texas 78408 MLLIAM LOOM WWON 99383 In Association with: Colwell & Associates, Inc. — Mike E. Colwell, P.E. Alan Plummer Associates, Inc. — Rex Hunt, P.E. Oso Water Reclamation Plant Cir of Nutrient Removal Project (Ammonia) LNV Corpus City Project No. E09007 Christi LNV Project No. 101040.00 JACOBS TECHNICAL MEMORANDUM NO.6 - FINAL Date: April 15, 2013 To: Dan Biles, P.E. - Director of Engineering From: Logan Burton, P.E., Joshua Brown, P.E., Mike Colwell, P.E., Rex Hunt, P.E. Subject: Regulatory Compliance and Implementation Plan Copies To: Bill Green, P.E., Foster Crowell, Joe Trejo, P.E. 1.0 INTRODUCTION ................................................................................................ ............................... 3 1.1 PURPOSE .......................................................................................................... ..............................3 1.2 OBJECTIVES ...................................................................................................... ..............................3 2.0 BACKGROUND .................................................................................................. ..............................5 2.1 SERVICE AREA AND FLOWS .............................................................................. ............................... 5 2.2 EXISTING FACILITIES DESCRIPTION ..................................................................... ..............................7 2.3 FLOW AND LOADINGS ........................................................................................ ............................... 7 2.4 CURRENT PERMIT AND CONDITIONS .................................................................. ............................... 8 2.5 POTENTIAL FUTURE PERMIT LIMITATIONS .......................................................... ............................... 9 2.5.1 Potential for Reduced Ammonia - Nitrogen and /or Carbonaceous Biochemical Oxygen DemandLimits ....................................................................................................... ............................... 9 2.5.2 Potential for Total Nitrogen Limits ........................................................ ............................... 10 2.5.3 Potential for Total Phosphorus Limits .................................................. ............................... 10 2.6 EVALUATION OF OUTFALL RELOCATION ........................................................... ............................... 10 r: »_rI LTA l=1Ll III iy_Te31I III II=" ATIA 1111111h_11r[•7Ll V 3.1 INFLUENT PUMPING ........................................................................................ ............................... 12 3.1.1 Proposed Improvements ...................................................................... ............................... 12 3.2 HEADWORKS .................................................................................................... .............................12 3.2.1 Screenings ........................................................................................... ............................... 13 3.2.2 Grit Removal ........................................................................................ ............................... 13 3.2.3 Proposed Improvements ...................................................................... ............................... 13 3.3 ODOR CONTROL ............................................................................................. ............................... 14 3.4 SECONDARY TREATMENT ................................................................................ ............................... 15 3.4.1 Aeration Basins .................................................................................... ............................... 16 3.4.2 Retrofit Existing Aeration Basins .......................................................... ............................... 16 3.4.3 Proposed Aeration Basins .................................................................... ............................... 18 3.4.4 Future Phosphorus Removal ............................................................... ............................... 19 3.4.5 Process Air Blowers ............................................................................. ............................... 20 3.4.6 Secondary Clarifiers ............................................................................. ............................... 21 3.5 BIOSOLIDS STABILIZATION ................................................................................. .............................22 3.5.1 Federal Regulations ............................................................................. ............................... 22 3.5.2 State of Texas Regulations .................................................................. ............................... 24 3.5.3 Class B Biosolids Options .................................................................... ............................... 24 3.5.4 Class A Biosolids Options .................................................................... ............................... 25 3.6 DISINFECTION ................................................................................................... .............................25 3.6.1 Impact of Sodium on Disinfection ......................................................... ............................... 26 3.7 ELECTRICAL SYSTEM ...................................................................................... ............................... 27 3.7.1 Existing Electrical System .................................................................... ............................... 27 \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN 3.7.2 Electrical System Improvements .......................................................... ............................... 27 3.7.3 Electrical Energy Savings and Conservation ....................................... ............................... 28 3.8 INSTRUMENTATION AND CONTROLS ................................................................... .............................28 3.8.1 Existing SCADA System ...................................................................... ............................... 28 3.8.2 SCADA Improvements ......................................................................... ............................... 28 3.9 BUFFER ZONE .................................................................................................. .............................29 ��1 •�: 11111M X01 9 1 LTil»=1PiI=1ki IIrael1101 ki ] 4.1 RECOMMENDED PLAN ....................................................................................... .............................29 ..............................6 4.1.1 Lift Station No. 4 ................................................................................... ............................... 29 4.1.2 Headworks ........................................................................................... ............................... 30 4.1.3 Process Train No. 3 Aeration Basin ..................................................... ............................... 30 4.1.4 Existing Aeration Basin Retrofits .......................................................... ............................... 30 4.1.5 Process Train No. 4 Aeration Basin ..................................................... ............................... 30 4.1.6 Disinfection ............................................................................................. .............................30 .............................14 4.2 RECOMMENDED PLAN COSTS ........................................................................... .............................31 .............................14 4.3 PHASING OF CAPITAL IMPROVEMENTS ............................................................... .............................32 .............................15 TABLES Table 2 -1 Service Area Summary ................................................................... ..............................6 Table 2 -2 Oso WRP Service Area Flows ........................................................ ..............................6 Table 2 -3 Design Flows and Loads ................................................................ ..............................7 Table 2 -4 TPDES Permit Limits (Final Phase) ................................................ ..............................9 Table 3 -1 Existing Influent Pump Capacity .................................................... .............................12 Table 3 -2 Proposed Lift Station Design Criteria ............................................. .............................12 Table 3 -3 Bar Screen Design Criteria ............................................................ .............................14 Table 3 -4 Grit Basin Design Criteria .............................................................. .............................14 Table 3 -5 Odor Control Design Criteria ......................................................... .............................15 Table 3 -6 Existing Aeration BasinParameters ............................................... .............................16 Table 3 -7 ProposedAeration Basin Design Criteria ....................................... .............................18 Table3 -8 Existing Blowers ............................................................................ .............................20 Table 3 -9 Process Air Demands .................................................................... .............................21 Table 3 -10 Secondary Sedimentation Basin Equipment ............................... .............................21 Table 4 -1 Phase 2 Cost Estimate Summary .................................................. .............................31 FIGURES Figure 2 -1 Oso WRP Aerial Photograph ........................................................ ..............................5 Figure 2 -2 Oso WRP Process Schematic ...................................................... ..............................7 Figure 3 -1 Proposed Headworks Facility ...................................................... .............................14 Figure 3 -2 Existing Oso WRP Secondary Treatment Schematic .................. .............................15 Figure 3 -3 Existing Aeration Basin Retrofit ................................................... .............................17 Figure 3 -4 Proposed Aeration Basin Schematic ........................................... .............................18 Figure 3 -5 Existing Aeration Basin — Altered for P Removal ........................ .............................19 Figure 3 -6 New Aeration Basin — Altered for P Removal .............................. .............................20 APPENDICES Appendix A — Exhibits Appendix B — Cost Estimates Appendix C — Buffer Zone Easement \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 2 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN 1.0 INTRODUCTION The Oso Water Reclamation Plant (Oso WRP) serves a large and growing portion of the City of Corpus Christi, Texas (City). On April 29, 2011, the Texas Commission of Environmental Quality (TCEQ) issued a renewal of the plant's Texas Pollutant Discharge Elimination System ( TPDES) permitwhich included a new monthly effluent ammonia limit of 4 mg /L. Prior to this renewal, the Oso WRP permit did not contain an ammonia limitation. The renewed permit also included a compliance date of October 29, 2013 to meet the new ammonia limit. The purpose of the compliance schedule was to provide sufficient time so that the City could design, construct, and commission the necessary improvements to meet this ammonia limit. As a result of these factors, the City retained LNV team consisting of Jacobs, Colwell & Associates, and Alan Plummer Associates, to provide engineering services for the Oso WRP Nutrient Removal Project (Ammonia). The proposed improvements identified by the LNV Team are proposed to be implemented in two phases: Phase 1 of this project includes the temporary Breakpoint Chlorination Facility and Step Feed Improvements which are currently under construction and are scheduled for completion in August 2013. The near -term (temporary) solutions are described in more detail in Technical Memorandum No. 3 — Ammonia Removal Alternatives Evaluation dated January 3, 2012. The BPC facility is currently being designed as a temporary, short -term, low- capital cost means to meet the plant's new effluent ammonia requirements while planning and implementation of the permanent long -term Phase 2 improvements are completed. • Phase 2 of the improvements will include significant facility upgrades necessary for the plant to meet anticipated regulatory requirements and plant flows, to ensure continued plant reliability and to replace the Phase 1 Breakpoint Chlorination (BPC) Facility. This Regulatory Compliance and Implementation Plan details and describes the capital improvements necessary to meet the current and anticipated (future) effluent regulations. 1.1 PURPOSE This memorandum focuses on the Phase 2 improvements which include long -term process modifications and enhancementsintended to replace the temporary, near -term improvements included in Phase 1. The long -term improvements described in this memorandum will address anticipated capacity and regulatory requirements along with providing accommodations tostreamlinepotential upgrades in the future(i.e. improvements for total nitrogen and phosphorus removal). 1.2 OBJECTIVES Based on workshops conducted with City staff, the team identified the objectives and capabilities of the Oso WRP Phase 2 improvementswhich include the following: • Maintain TPDES permit compliance • Biological ammonia and total nitrogen removal • Accommodations for implementing future phosphorus removal • Effective and reliable disinfection • Re -rate the average daily flow capacity to meet anticipated future flows • Maintain peak hour flow capacity of 98 MGD \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 3 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN • Improved process automation and monitoring • Reduce process and maintenance costs • Reduce process odors • Provide operational and maintenance flexibility • Maximize the value of existing assets • Improvements must be located within existing property boundaries Upgrades to the following process facilities were specifically omitted from the scope of this project: Solids dewatering.The existing solids dewatering (belt press) facility is being replaced with a new facility designed to handle all foreseeable flows. The new dewatering facility is currently under construction. Recycled water systems.A City -wide recycled water master plan is currently being prepared by others. \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 4 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN 2.0 BACKGROUND The Oso WRP is the largest of 6 treatment plants owned and operated by the City of Corpus Christi. The plant was originally constructed in 1941 and the most recent major upgrade to the Oso WRP was completed in 1985 where the plant's activated sludge process was converted to contact stabilization and capacities were increased to accommodate average daily flows of 16.2 MGD and peak hour flows of up to98.0 MGD. The Oso WRP is configured as two identical parallel trains; each rated at 8.1 MGD average daily flow. The contact stabilization configuration is designed to remove BOD efficiently, but is not well- suited for ammonia removal and is actually precluded from use as a nitrifying process by TCEQ. As a result, the long -term improvements will require major facility upgrades. Figure 2 -1 below and Exhibit A in the Appendix show an aerial photograph of the existing plant. Figure 2 -1 Oso WRP Aerial Photograph 2.1 SERVICE AREA AND FLOWS The Oso WRP serves approximately 24,143 acres in the southern part of the City, including much of the City's planned growth areas. Refer to Exhibit B in the Appendix for a service area map. The table below summarizes the service area according to developed and undeveloped areas. \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 5 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN i apie d --i service Area summa NOTES: 1. Area 1 and Area 2 reference the Sub -basin master plan studies adopted in 2007. 2. Refer to Oso WRP Service Area Map for aerial photograph. As shown in the table above, the existing service area is approximately 75% developed. With the anticipated growth in the area, the plant flows are expected to rise as the undeveloped areas become urbanized. Average daily influent flow data from 2006 through 2012 indicates average daily flows of 11.5 MGD. Dividing the average daily flow by the developed acreage currently being served (18,157 acres) correlates to a wastewater production of 0.63 MGD per 1,000 acres of developed service area. The full build -out flow rates have been projected as shown in the table below to be 15.2 MGD. Table 2 -20so WRP Service Area Flows With respect to TCEQ's 75/90 "forced planning rule" ( §305.126), the plant should have an absolute minimum average daily plantrating of approximately 20.3 MGD (15.2 MGD / 75 %)to avoid exceeding 75% of its capacity in the foreseeable future. In addition, to provide maintenance flexibility where a train can be taken out of service for equipment repairs, cleaning and /or servicing, the plant should have an absolute minimum firm capacity (1 train out of service) of 15.2 MGD. With these design criteria in mind, the Oso WRP Phase 2 improvements must provide one of the following options: • Four (4) trains rated at 5.1 MGDeach providing: • ADF Capacity = 20.4 MGD • 2 -Hr Peak Capacity = 98.0 MGD • Firm Treatment Capacity = 15.3 MGD • Three (3) trains rated at 7.6 MGDeach providing: • ADF Capacity = 22.8 MGD • 2 -Hr Peak Capacity = 98.0 MGD • Firm Treatment Capacity = 15.2 MGD In order to maximize the value of the City's existing assets and to maintain the footprint within the City's existing property, it is absolutely necessary that the existing plant trains be retrofitted \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 6 of 32 Excluding 20,088.49 88% 17,677.87 2,410.62 Al & A2 Area 1(1) 1,490.54 15% 223.58 1,266.96 Area 2(1) 2,563.74 10% 256.37 2,307.37 TOTAL 24,142.77 75% 18,157.83 5,984.94 ' NOTES: 1. Area 1 and Area 2 reference the Sub -basin master plan studies adopted in 2007. 2. Refer to Oso WRP Service Area Map for aerial photograph. As shown in the table above, the existing service area is approximately 75% developed. With the anticipated growth in the area, the plant flows are expected to rise as the undeveloped areas become urbanized. Average daily influent flow data from 2006 through 2012 indicates average daily flows of 11.5 MGD. Dividing the average daily flow by the developed acreage currently being served (18,157 acres) correlates to a wastewater production of 0.63 MGD per 1,000 acres of developed service area. The full build -out flow rates have been projected as shown in the table below to be 15.2 MGD. Table 2 -20so WRP Service Area Flows With respect to TCEQ's 75/90 "forced planning rule" ( §305.126), the plant should have an absolute minimum average daily plantrating of approximately 20.3 MGD (15.2 MGD / 75 %)to avoid exceeding 75% of its capacity in the foreseeable future. In addition, to provide maintenance flexibility where a train can be taken out of service for equipment repairs, cleaning and /or servicing, the plant should have an absolute minimum firm capacity (1 train out of service) of 15.2 MGD. With these design criteria in mind, the Oso WRP Phase 2 improvements must provide one of the following options: • Four (4) trains rated at 5.1 MGDeach providing: • ADF Capacity = 20.4 MGD • 2 -Hr Peak Capacity = 98.0 MGD • Firm Treatment Capacity = 15.3 MGD • Three (3) trains rated at 7.6 MGDeach providing: • ADF Capacity = 22.8 MGD • 2 -Hr Peak Capacity = 98.0 MGD • Firm Treatment Capacity = 15.2 MGD In order to maximize the value of the City's existing assets and to maintain the footprint within the City's existing property, it is absolutely necessary that the existing plant trains be retrofitted \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 6 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN and re- rated. Process modeling results show that the two (2) existing 8.1 MGD treatment trains must be downgraded with a maximum capacity of 6.0 MGD for all retrofit alternatives intended to remove nutrients biologically.As a result, the second option is considered impractical as it would involve the complete demolition of the existing treatment trains and the construction of three (3) new trains. Not only would this alternative be more costly, the plant property does not have the necessary open space for such improvements. The modeling indicates that the two existing trains can be cost effectively converted to two (2) 6.0 MGD trains. To maximize the City's current investment at the plant, to provide excess capacity for possible future inter -basin transfers and /or expansion of the service area boundary, it is recommended that the two (2) existing trains bemodified to two (2) 6.0 MGD trains along with the construction of two (2) new treatment trains also rated at 6.0 MGD each. The required improvements associated with this are described in greater detail in later sections. 2.2 EXISTING FACILITIES DESCRIPTION A very simple schematic of the existing treatment process is shown below and a more detailed process flow schematic is shown on Exhibit C in the Appendix. Figure 2 -20so WRP Process Schematic From Collection System To outfall Preliminary Secondary Disinfection Treatment 01 Treatment �4 Additional details describing each processand the recommended improvements are provided in subsequent sections. 2.3 FLOW AND LOADINGS The projected flows and loads determine a plant's design capacity requirements. For the purposes of this report and as required by TCEQ, the design flows and loads to the Oso WRP are based on historical data. TCEQ design criteria for wastewater treatment require that design average and peak flows be derived from the most recent5 yearsof data when an existing facility is re- rated, expanded, or materially altered. BOD5, TSS and ammonia nitrogen design loadings must be based on the most recent 1 year of data. ( §217.34) Design loads are calculated as the sum of the historical average loading plus 1 standard deviation. A summary of the design flows and loads derived from plant data and modeling are shown in the following table: Table 2- 3Desian Flows and Loads Average Daily Flow (MGD) 16.2 18 24 Influent BOD (mg /L) 280 280 280 Influent Ammonia (mg /L) 30 30 30 The existing facilities have been designed to treat 16.2 MGD average daily flow, but hydraulically accommodate 98 MGD for peak hour flows. Peak hour flows will remain at 98 \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 7 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN MGDfor Phase 2A and 2B improvements. Many process units are designed based on peak hour flows and although some units may require improvements due to age and /or compatibility with other processes, their design capacity will not need to be increased to achieve the objectives of this report. These treatment units include: • Influent pumping • Influent screens • Influent grit removal • In -plant piping and hydraulic structures • Secondary clarifiers • Disinfection systems and chlorine contact basins Other systems are sized based onBOD, TSS, and ammonia loading, and must be expanded to accommodate future increased loadings. These systems include: • Process aeration system (blowers, piping & diffusers) • Aeration basins • Biosolids Stabilization • Solids dewatering(Not included in this study) The existing biosolids stabilization is adequate for producing biosolids suitable for disposal to landfill, even with increased biosolids loadings from increasing plant influent flows up to 24 MGD. The biosolids stabilization alternatives presented in this Technical Memorandum are intended to provide a path forward in the event that the City is no longer able to dispose of the biolids via landfill or has the need to produce Class B sludge. Anew solids dewatering facility is currently under constructionand has been designed to meet the projected increase in solids production for flows up to 24 MGD. 2.4 CURRENT PERMIT AND CONDITIONS The Oso WRP is authorized by TCEQ to treat domestic wastewater and discharge treated effluent under authority of TPDES Permit No. WQ0010401004. The current TPDES permit for Oso WRP was issued on April 29, 2011 and expires on June 1, 2014. In accordance with the TPDES permit, the treated effluent may be discharged to surface waters via a single outfall (001). The discharge outfall is described in the permit as via a 72 -inch pipe to a 40 -foot wide tidal channel; thence to Oso Bay in Segment No. 2485 of the Bays and Estuaries of the State of Texas. Because the discharge is to a relatively shallow area of Oso Bay with minimal dilution, the critical dilution for this discharge is 90 %, according to the TPDES permit; meaning there is a high percentage of effluent in the mixing zone. The TPDES permit includes an Interim Phase and a Final Phase for allowable discharges. The Interim Phase is effective for 30- months from the date of issuance and is the current phase of operation at the plant (ends on October 29, 2013). The Final Phase is effective after 30- months through the expiration date. Within each phase, the flow and quality limitations for the discharge are defined. The Final Phase limits are summarized in the table below. \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 8 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN Table 2- 4TPDES Permit Limits (Final Phase The Interim Phase differs from the Final Phase in only two respects. The Interim Phase contains a report -only requirement for ammonia - nitrogen rather than a numeric ammonia - nitrogen limit and a Five -Day Biochemical Oxygen Demand (BOD5) limitation rather than a Five - Day Carbonaceous Biochemical Oxygen Demand (CBOD5) limitation.' The phasing provides an interim -phase 30 -month compliance period for the City to achieve the final -phase ammonia - nitrogen limit of 4 mg /L. 2.5 POTENTIAL FUTURE PERMIT LIMITATIONS The addition of the ammonia - nitrogen limit in the current TPDES permit is significant in terms of the changes in the level of treatment required by the Oso WRP to meet the new limit. The next few years may see the inclusion of other new or increased water - quality limitations that have the potential of driving additional changes in treatment. Changes may be imposed by TCEQ based on updated surface water quality standards for Oso Bay, changes in dissolved oxygen modeling protocols for Oso Bay, or changes in the status of Oso Bay with respect to water quality impairments. The Oso WRP discharge to Oso Bay could also eventually be shown to be impacting sea grass beds, which could drive changes to the water quality limits in the permit. Following is a summary of potential new effluent limits or potential increases in existing effluent limits that could affect treatment requirements for the Oso WRP within the next one to two permit cycles. 2.5.1 Potential for Reduced Ammonia - Nitrogen and /or Carbonaceous Biochemical Oxygen Demand Limits Permit limits for BOD5 or for CBOD5 and ammonia - nitrogen are, in part, driven by the expected impact of the effluent on dissolved oxygen levels in the receiving water body. The impact is determined by modeling of the receiving water body. For the OWRP, the TCEQ has used a dissolved oxygen (DO) model for Oso Bay that is several years old. The TCEQ has indicated that it plans to revise the DO model for the bay prior to the next permit cycle in 2014. If so, this is likely to affect the effluent limits in the next permit for CBOD5 or ammonia - nitrogen, or both. Limits in the next permit cannot easily be predicted without knowing how the DO model will be revised. However, 30 TAC §309.4 regulations contain the following potential effluent sets (30- day average values) for wastewater plants that provide secondary treatment with nitrification: CBOD5: 10 mg /L Ammonia - Nitrogen: 2 mg /L or 3 mg /L ' For permits without an ammonia - nitrogen limit, the total oxygen demand is addressed by BOD5, which includes both carbonaceous and nitrogenous oxygen demand. When the discharge contains an ammonia - nitrogen limit, the nitrogenous oxygen demand is addressed by the ammonia - nitrogen limit. The BOD5 limit is then typically converted to a CBOD5 limitation. \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 9 of 32 Average annual flow (mgd) 16.2 N/A N/A Peak two -hour flow (gpm) N/A N/A 68,000 (98 MGD) CBOD (mg/L 20 30 45 TSS (mg /L) 20 30 45 Ammonia - Nitrogen (mg /L) 4.0 6 10 Chlorine Residual (mg /L) N/A N/A 0.1 Minimum DO (mg/L 5.0 H standard units 6.0 to 9.0 Enterococci (cfu or mpn /100 mL) 1 35 N/A 89 The Interim Phase differs from the Final Phase in only two respects. The Interim Phase contains a report -only requirement for ammonia - nitrogen rather than a numeric ammonia - nitrogen limit and a Five -Day Biochemical Oxygen Demand (BOD5) limitation rather than a Five - Day Carbonaceous Biochemical Oxygen Demand (CBOD5) limitation.' The phasing provides an interim -phase 30 -month compliance period for the City to achieve the final -phase ammonia - nitrogen limit of 4 mg /L. 2.5 POTENTIAL FUTURE PERMIT LIMITATIONS The addition of the ammonia - nitrogen limit in the current TPDES permit is significant in terms of the changes in the level of treatment required by the Oso WRP to meet the new limit. The next few years may see the inclusion of other new or increased water - quality limitations that have the potential of driving additional changes in treatment. Changes may be imposed by TCEQ based on updated surface water quality standards for Oso Bay, changes in dissolved oxygen modeling protocols for Oso Bay, or changes in the status of Oso Bay with respect to water quality impairments. The Oso WRP discharge to Oso Bay could also eventually be shown to be impacting sea grass beds, which could drive changes to the water quality limits in the permit. Following is a summary of potential new effluent limits or potential increases in existing effluent limits that could affect treatment requirements for the Oso WRP within the next one to two permit cycles. 2.5.1 Potential for Reduced Ammonia - Nitrogen and /or Carbonaceous Biochemical Oxygen Demand Limits Permit limits for BOD5 or for CBOD5 and ammonia - nitrogen are, in part, driven by the expected impact of the effluent on dissolved oxygen levels in the receiving water body. The impact is determined by modeling of the receiving water body. For the OWRP, the TCEQ has used a dissolved oxygen (DO) model for Oso Bay that is several years old. The TCEQ has indicated that it plans to revise the DO model for the bay prior to the next permit cycle in 2014. If so, this is likely to affect the effluent limits in the next permit for CBOD5 or ammonia - nitrogen, or both. Limits in the next permit cannot easily be predicted without knowing how the DO model will be revised. However, 30 TAC §309.4 regulations contain the following potential effluent sets (30- day average values) for wastewater plants that provide secondary treatment with nitrification: CBOD5: 10 mg /L Ammonia - Nitrogen: 2 mg /L or 3 mg /L ' For permits without an ammonia - nitrogen limit, the total oxygen demand is addressed by BOD5, which includes both carbonaceous and nitrogenous oxygen demand. When the discharge contains an ammonia - nitrogen limit, the nitrogenous oxygen demand is addressed by the ammonia - nitrogen limit. The BOD5 limit is then typically converted to a CBOD5 limitation. \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 9 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN The CBOD5 and ammonia - nitrogen limits in the next Oso WRP permit will not be known until the model is revised, but could easily be driven to one of the above regulatory effluent sets. The outcome of the DO model revisions could drive one or both of these parameters to lower levels, as necessary to ensure that DO standards in Oso Bay are maintained. 2.5.2 Potential for Total Nitrogen Limits Seagrass, an important ecological component of some bays and estuaries, is sensitive to an over - abundance of algae that can cause eutrophication of the water body and prevent sunlight from reaching seagrass beds. In tidal environments, algae growth is generally a function of the amount of nitrogen in the water body. If nitrogen concentrations are controlled, algae may be contained at levels that are not detrimental to seagrass propagation. In the next permitting cycle, it is likely that the TCEQ will perform nutrient screening for the Oso WRP discharge to Oso Bay in order to determine whether a limit for total nitrogen (TN) is needed for the effluent. If it is determined that a TN limit is needed, the allowable concentration is likely to be 6 to 8 mg /L. Depending on the sensitivity of seagrass beds (i.e., the nearness of the beds to the discharge, etc.), a lower TN limit could be required. 2.5.3 Potential for Total Phosphorus Limits The TCEQ's Procedures to Implement the Texas Surface Water Quality Standards (RG -194; June 2010) (1 Ps), state that nutrient impacts in tidal or salt -water environments are primarily due to nitrogen inputs rather than phosphorus inputs. As such, screening for phosphorus impacts in tidal waters is rarely performed. It is not expected that the TCEQ will screen for phosphorus impacts by Oso WRP in the next permit cycle; and, therefore, a total phosphorus (TP) limit is not likely to be included in the next permit. However, it is possible that TCEQ will include a TP limit in future permits beyond the next couple of cycles and as a result, the Phase 2 improvements will consider accommodations in the design for ease of implementing TP removal at some point in the future. 2.6 EVALUATION OF OUTFALL RELOCATION The potential permit limits addressed above are based on the continuation of the use of the outfall to Oso Bay. The City requested a preliminary evaluation of moving the outfall to Corpus Christi Bay, as a potential means of reducing impacts of new water quality standards or regulations on effluent limits. Moving the outfall would require construction of a pipeline from the plant, across Oso Bay, and extending approximately' /4 mile into Corpus Christi Bay. The effluent discharge could be distributed via a diffuser at the end of the pipeline, significantly reducing the critical dilution for the effluent. This could enable the City to effectively treat wastewater to meet water quality standards without having to increase treatment levels as much as with the current discharge. The preliminary evaluation determined the following: • Prohibitive Cost (Estimated Construction Cost of $6,500,000) • An ammonia - nitrogen limit would still be required, although it might be somewhat less stringent given the increased dilution in a Corpus Christi Bay outfall. Ultimately, an outfall relocation is not a stand -alone improvement. • The impact due to seagrass could be avoided because the outfall would be deeper than seagrass beds could exist; however, this would not necessarily prevent the TCEQ from screening for nitrogen impacts. • An amendment of the TPDES permit will be required in order to develop an outfall to Corpus Christi Bay. A permit amendment will require public notice of the proposed \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 10 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN action and undoubtedly result in a significant response from the public. A minimum of two to three years to complete permitting should be expected. As a result of these findings, the alternative to create a new outfall to Corpus Christi Bay was eliminated from further consideration. \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 11 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN 3.0 TREATMENT FACILITIES EVALUATION 3.1 INFLUENT PUMPING Influent is delivered to the Oso WRP by two (2) in -plant lift stations (LS1 and LS2) and a remote lift station, LS3, all of which outfall at the plant's headworks facility. The existing in -plant lift stations were recently rehabilitated to help restore the majority of theiroriginal design capacities. The capacities shown in the following table are based on calculated system curves and manufacturer provided pump curves. Currently, there are no flow meters on these force mains to confirm actual flow rates. Table 3 -1 Existing Influent Pump Capacity NOTE 1 —When calculating firm capacity, LS1 and LS2 were considered a single LS due to the inter- connectin 3.1.1 Proposed Improvements I EQ line. Although recent work was performed (rotating assembly replacements) on the six (6) existing pumps at Lift Stations 1 & 2 to help restore pumping capacity, the infrastructure associated with Lift Station 1 is a maintenance concern and is approaching its useful service life. In addition, the City currently has four (4) temporary Godwin pumps located at the plant for emergency high - flow scenarios and has a need to upgrade the pumping capacity at the plant site. The proposed influent lift station will ultimately replace Lift Station 1 and 2, willbe located at the north end of the plant adjacent to the new headworks facility and will provide up to 80 -90 MGD capacity. The new lift station will also be designed with an inlet valve so that it can be easily isolated from the other lift stations for maintenance purposes. Refer to Exhibit E in the Appendix for the proposed location of the new lift station. i ar)ie- crrvpvsea girt atanvn uesiyri L.ntena Number of pumps 8 Type of pumps Submersible d 215± Design flow (MGD) ±15 MGD /each Design head (ft) 30'± Lift Station 1�'� 22.9 30.3 @ 28' 30.3 @ 28' Lift Station 2�'� 39.4 39.6 @ 38' 30.3 @ 33' Williams (Lift Station 3) 54.6 44.7 @ 122' 41.8 @ 110' Total 1 116.9 114.6± 102.4± NOTE 1 —When calculating firm capacity, LS1 and LS2 were considered a single LS due to the inter- connectin 3.1.1 Proposed Improvements I EQ line. Although recent work was performed (rotating assembly replacements) on the six (6) existing pumps at Lift Stations 1 & 2 to help restore pumping capacity, the infrastructure associated with Lift Station 1 is a maintenance concern and is approaching its useful service life. In addition, the City currently has four (4) temporary Godwin pumps located at the plant for emergency high - flow scenarios and has a need to upgrade the pumping capacity at the plant site. The proposed influent lift station will ultimately replace Lift Station 1 and 2, willbe located at the north end of the plant adjacent to the new headworks facility and will provide up to 80 -90 MGD capacity. The new lift station will also be designed with an inlet valve so that it can be easily isolated from the other lift stations for maintenance purposes. Refer to Exhibit E in the Appendix for the proposed location of the new lift station. i ar)ie- crrvpvsea girt atanvn uesiyri L.ntena Number of pumps 8 Type of pumps Submersible HP 215± Design flow (MGD) ±15 MGD /each Design head (ft) 30'± 3.2 HEADWORKS The existing headworks was constructed in the early 1980s and includes two large bar screens, and an aerated grit basin which has been out of service for many years. Effective preliminary treatment at the headworks significantly reduces maintenance of downstream equipmentand reduces labor costs associated with unclogging pumps or removing trash and grit from the basins. In addition, investment in preliminary treatment increases the life of downstream equipment. \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 12 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN 3.2.1 Screenings Rags, floatables and other large debris are removed from the wastewater by the bar screens. The existing 1 -in screens were designed for automatic raking but one rake has been continuously out of service and must be cleaned manually. The screenings drop to a conveyor where they discharge into a screenings box for disposal. The plant estimates screenings production at approximately 100 Ibs /day. 3.2.2 Grit Removal The existing aerated grit basin has been out of service for many years, due in part to continual clogging of the grit air -lift pumps. Without grit removal, the grit entering the plant accumulates in the aeration basins and clarifiers. Although difficult to accurately estimate, previous work requiring basin shut downs indicate that grit accumulation may account for up to 25% of the aeration basin volume and approximate 10% of clarifier volume. A reliable grit system must be in place for the plant to upgrade to fine bubble aeration (discussed in other sections). Fine bubble membranes cover a large portion of aeration basin floor and are much less efficient whensubmerged by grit. In addition, fine bubble aeration agitates the water much less than coarse bubble aeration which will result in a greater amount of grit will accumulation. 3.2.3 Proposed Improvements A new headworks facility is necessary for Phase 2 improvements. The existing headworks is aging, the mechanical equipment is approaching the end of its useful life and the existing structure is not sufficient to accommodate a new grit removal system. It is recommended that the new headworks facility consist of four (4) bar screens, with associated washers and compactors, and be designed to provide peak hour capacity with one screen out of service. The new screens should have smaller openings (approximately' /4 -in bar spacing) to reduce the amount of rags and debris that reach the plant basins and equipment. A new grit facility will also be required to improve grit removal, which is necessary to accommodate fine bubble aeration. Many alternatives are available for grit removal, including the aerated grit basin currently used, a detritor tank, or a vortex separator. To be effective, both the aerated grit basin and detritor tanks require submerged mechanical sludge collection equipment, which is vulnerable to corrosion and break downs. The Vortex grit basin is circular, and the grit is directed to a single point without sludge rakes. The vortex action also efficiently removes grit at a wide range of influent flows. For these reasons, four(4) vortex grit basins are recommended as a part of the new headworks. A sketch of the proposed headworksfaciIity is shown below. \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 13 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN Figure 3 -1 Proposed Headworks Facility a -- From Screen 2 ,,. F1 Sacen P', A Grit Ifs r rI# Pumps Enclosing the bar screens within a building is not recommended, as the ventilation requirements for the building will be very high, and corrosive gasses and odors will accumulate in spite of the ventilation. It is recommended that the bar screens and grit basins have odor covers as specified by the manufacturer. Table 3 -313ar Screen Desian Criteria Quantity 4 Width (ft) 8± Bar Spacing (in) 1/4 Rake Type Catenary/Mutt -Rake Table 34Grit Basin Desian Criteria Number 4 PeakCa acit MGD) 98 Low flow (MGD) 3 Type Vortex Grit Pumping Flooded suction centripetal Grit Dewaterina Caoacitv (cf /hr) 5 3.3 ODOR CONTROL Odor control is currently implemented at the headworks, influent lift stations and the proposedbelt press facility currently under construction. The headworks and lift stations have modular biofilter systems installed in the past 5 years. Foul air is collected from the influent pump station wet wells, screened channels, and the covered aerated grit basin. The 112S concentration levels have exceeded the design criteria for the biofilter odor control system at Lift Station 2 and as a result, the system is currently undergoing upgrades as a part of the belt press project. The proposed belt press facility has a bond odor control device where foul air is \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 14 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN collected from each belt press.lf the existing biofilter system at the existing headworks /LS1 is unable to be modified to accommodate the proposed headworks and Lift Station 4 facilities, a new bio- filter system will be recommended. Further investigation will be completed during the preliminary design phase to determine whether it will be necessary. The City has been satisfied with previous bio- filter systems and they have performed well in all cases where they have been properly sized. Table 3 -50dor Control Design Criteria Capacity (scfm) 2500± Inlet duct size in 16 Type Bio- filter 3.4 SECONDARY TREATMENT The Oso WRP uses the contact stabilization activated sludge process which involves a large inventory of microbes for absorbing and aerobically metabolizing BOD. The contact stabilization process is schematically illustrated below. Figure 3- 2Existing Oso WRP Secondary Treatment Schematic Screened Influent lent Screened influent is introduced into the contact basins where it is "contacted" with a high concentration of activated sludge (microorganisms). The microorganisms rapidly absorb the BOD (biodegradable carbonaceous organic contaminants), as they have been without an external source of food while passing through the re- aeration basins. As the influent and activated sludge progresses though the contact basins, nearly all availableBOD is consumed, leaving a mixture of effluent and microorganisms. This mixed liquor is directed to the secondary clarifier, where the activated sludge settles, separating it from the effluent. Activated sludge is then returned to the re- aeration basins, and the effluent proceeds to the disinfection process. Return activated sludge (RAS) is delivered to the re- aeration basins where plentiful oxygen from aeration promotes metabolism of absorbed BOD. \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 15 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN A disadvantage of contact stabilization is the short contact time between the RAS and influent, which reduces the extent of nitrification. Nitrifying bacteria do exist, but most nitrification occurs in the re- aeration basins, where the microorganisms spend the most time. 3.4.1 Aeration Basins As shown in the figure above, the aeration basins are rectangular concrete structures divided into 5 passes. Three passes are re- aeration basins, which receive RAS flow only. RAS and influent combine at the head of the first contact basin, flow through the two contact basin passes, and on to the clarifier inlet channel. Individual aeration basin passes cannot be taken out of service unless the entire train is shut down. However, a train cannot currently be taken out of service because the total plant flow is beyond the capacity of a single process train. This represents a significant challengein performing maintenance work on the aeration basins and associated equipment. The existing aeration basin parametersare summarized in the table below Table 3- 6Existing Aeration BasinParameters 3.4.2 Retrofit Existing Aeration Basins Many alternatives that would allow the existing aeration basins to remove ammonia were discussed and evaluated in TM -03. Conventional biological ammonia removal is the most common process and is the recommended process for the Oso WRP for the following reasons: • Does not require proprietary media or equipment • Can be modified to remove phosphorus or additional total nitrogen in the future as needed • Does not require tertiary process vessels and associated in -plant pumping It is recommended that the process be configured to the "Modified LudzakEttinger' or MLE process. This configuration provides ammonia removal and total nitrogen removal. The denitrification, that results in total nitrogen removal, also helps restore alkalinity to the effluent, and reduces process air demand. Since the MLE process requires more aeration basin volume than the contact stabilization process, the existing aeration basins capacity will be reduced to 6 MGD per process train. This capacity is based on winter water temperatures and conservative design parameters. This will provide the City with flexibility to improve total nitrogen removal and provide phosphorus removal in the future. \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 16 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN The MLE process is shown in the following figure that depicts the aeration basin modifications: Figure 3- 3Existing Aeration Basin Retrofit RAS from Clarifiers Influent and RAS is combined at the head of the aeration basin in a well- mixed, un- aerated zone called the anoxic zone. Mixed liquor is also pumped here at double or triple the raw influent flow rate, providing nitrate. Facultative bacteria use the nitrate as they metabolize BOD in the absence of oxygen. The anoxic zone is sized to ensure that the nitrate is consumed before the flow reaches the aerated zones within the basin. In the aerobic zone, oxygen is present, and the facultative bacteria consume BOD aerobically. The oxygen allows nitrifying bacteria to convert ammonia to nitrate. By the end of the aerated zones, most of the ammonia has been converted to nitrate. Much of this nitrate is recycled to the anoxic zone through the MLR pump. The mixed liquor that escapes the MLR pump will flow to the clarifiers. To convert the existing basins to the MLE process, we recommend that the first two re- aeration basins be combined into a single basin divided by baffle walls. The influent must be re- directed to this new basin, and the RAS channel extended to reach the influent end of the basin as shown in the figure. A mixed liquor pump delivers mixed liquor to the anoxic zone through a pipe that runs through the aerated zones. Fine bubble aeration grids will be installed to replace the coarse bubble aeration. Fine bubble aeration greatly improves the oxygen transfer efficiency, which results in much less air required to supply the necessary oxygen to the process. Converting to fine bubble aeration may reduce air requirements by up to 50 percent, resulting in significant energy savings. \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 17 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN 3.4.3 Proposed Aeration Basins Retrofit of the existing aeration basins will require that each basin be taking completely out of service while the existing aeration systems are removed and replaced with fine bubble aeration. Since a single existing train is not capable of accommodating existing flows and loads, a third process train at minimum will need to be constructed and placed in service prior to retrofit of the existing aeration basins.Addition of the third train and retrofit of the existing aeration basins will increase treatment capacity to 18 MGD.Addition of the fourth train will increase the plant's capacity to 24 MGD. Influen raPjL:-K%nMid c• J rG[ aCU Lei 1N_2%b7110■1z71PI1 MOM ntan Volume (MG) 3 Design Flow (MGD) 6 Side water depth (ft) 15.4 Aerator type Fine Bubble Design DO (mg /L) 2 Design MLSS (mg /L) 2,500 to 3,500 Design SRT (day) 6 -8 Design max loading (ppd BOD /1000cf aerated volume) 40 Side water depth (ft) 15.4 Anoxic volume (% of total) 15 Passes Width x Length (SF) 30,000 Figure 3- 413roposed Aeration Basin Schematic from Clarifiers RAS \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 18 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN Theproposed aeration basins will be configured similar to the existing retrofitted basins. Refer to Exhibit E in the Appendix for the proposed layout of the proposed and retrofitted aeration basins. 3.4.4 Future Phosphorus Removal Based upon the regulatory focus to reduce nutrient discharges from treatment facilities by both the Environmental Protection Agency on a national level and TCEQ on a state level, it is likely that phosphorus limitations will be implemented in future TPDES permit renewals. Phosphorus is biologically removed by encouraging the growth of phosphate accumulating organisms, or PAOs in the mixed liquor. The phosphate that PAOs store allows them to thrive in anaerobic conditions where neither dissolved oxygen or nitrate (which contains molecular oxygen) is available. In anaerobic conditions, the organism releases phosphate (which also contains molecular oxygen)which provides the PAO with energy to grow. It then flows into the anoxic zone of the MLE process where nitrified MLR is introduced. The PAOs then intake more phosphate than was released in the anaerobic condition, which reduces the phosphate levels in the aeration basin effluent. The MLE process can easily be modified to include an anaerobic zone to select for PAOs. The following figure shows how this is done Influ( Figure 3- 5Existing Aeration Basin — Altered for P Removal FYfnnrl PAR rhnnnal Demo baffle Wall Om Clarifiers To create an anaerobic zone, the MLR pump discharge will be relocated. The following figure shows the relocated MLR piping on the new aeration basins. \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 19 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN Influel Figure 3 -6New Aeration Basin — Altered for P Removal 3.4.5 Process Air Blowers RAS from Clarifiers RAS Aeration blowers supply oxygen required for aerobic biological treatment both in the aeration basins and the aerobic digesters. The Oso WRP has three operational blower houses each equipped with blowers. Blower House 2 (BH2), BH3 and BH4 supply air to the secondary treatment facilitiesand to the aerobic digesters. The following table details the existing blowers. All blowers at the plant are operated continuously due to a lack of redundant blowers. The proposed conversion to fine bubble aeration will reduce the plant's air demand as tabulated below. \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 20 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN Table 3- 913rocess Air Demands Upgrading to fine bubble aeration will significantly reduce process air demands. However, with four process trains, additional blower capacity will be needed to provide redundant and /or firmblower capacity. To achieve this, it is recommended that the three (3) 125 HP blowers be replaced withthree (3) 250 HP blowers. To avoid future maintenance concerns, it is also recommended that the three (3) vintage 300 HP blowers be replaced with blowers of identical size. This will increase the capacity by approximately 6,000 scfm for a total capacity of approximately 56,000 scfm and a total firm capacity of 50,000 scfm. 3.4.6 Secondary Clarifiers The Oso WRP has rectangular secondary sedimentation basins designed for peak influent flow of 98 MGD. The basins are integral to the biological process and their performance has a direct and significant impact on effluent quality. Each existing process train has four (4) equivalent rectangular clarifiers that operate in parallel. Mixed liquor from the clarifier influent channel flows into the clarifiers though square openings at the water surface level. Activated sludge settles to the bottom of the basins and traveling bridge sludge scrapers remove the sludge from the clarifiers. The bridges are equipped with pumps that draw the sludge from the front of the scrapers and discharge to RAS channels that run the length of the clarifier, and flow into the common RAS channel. Effluent flows over weirs that are also located along the clarifier's length and into channels that feed the common effluent channel. The bridges were recently upgraded and further upgrades are not recommended at this time. The following table provides pertinent clarifier details. Table 3- 10Secondary Sedimentation Basin Equipment The secondary clarifiers are in good condition at this time. Normal maintenance and replacement of mechanical equipment such as scum removal, RAS pumps, and traveling bridges will be required. Such work is not detailed in this report because the work does not impact the plant's footprint or require additional tankage. \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 21 of 32 Number of clarifiers 8 - Side water depth (ft) 15.0 >10 Width (ft) 56 - Length (ft) 195 - Effluent weir peak loading (gpd /ft) 15,000 <30,000 Freeboard (in) 19 >18 Peak overflow rate (gpd /sf) 1,120 <1,200 98 MGD all basins in service Detention time at 98 MGD (hours) 2.4 >1.8 The secondary clarifiers are in good condition at this time. Normal maintenance and replacement of mechanical equipment such as scum removal, RAS pumps, and traveling bridges will be required. Such work is not detailed in this report because the work does not impact the plant's footprint or require additional tankage. \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 21 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN Constructing the proposedprocess trains requires that the clarifiers be dedicated to a particular aeration basin. This will be accomplished by installing an isolation structure (divider wall) in the clarifier inlet channel and the RAS channelin the middle of the four clarifiers at each existing train. The isolation structure in the clarifier inlet channel will assign two existing clarifiers per proposed train and ultimately preserve the flow split achieved upstream. The RAS channel isolation structurewill keep the solids from each train separate and avoids the need to control the RAS flow split to each aeration basin. A RAS flow imbalance would upset plant performance and prevent efficient control. 3.5 BIOSOLIDS STABILIZATION Solids wasted from the secondary treatment process are stabilized by aerobic digestion. Only minimal stabilization is required, as the City currently disposes of the solids to a landfill. The existing biosolids stabilization process has adequate capacity to accommodate future increased biosolids loadings assuming that the City continues to dispose of the biosolids to landfill. 3.5.1 Federal Regulations Federal regulations regarding biosolids are presented in the Code of Federal Regulations, Volume 40 Part 503. One disposal option for the waste sludge is to haul it offsite for disposal in a permitted landfill. For disposal in a permitted landfill, the sludge must not contain any free liquid as defined by Method 9095 — Paint Filter Liquids Test. The test is described in Test Methods for Evaluating Solid Wastes, Physical /Chemical Methods (EPA publication No. SW- 846). In order to pass the Paint Filter Liquids Test, the sludge must have a minimum dry solids content of approximately 16 %. If the biosolids are to be land applied, Subpart B for Part 503 defines such a practice and delineates the characteristics that they must comply with. The reasoning of the regulations is that the sludge will be applied on land at a rate equal to or smaller than the agronomic rate, defined by the nitrogen requirements of the crop to be planted on the land. In addition to metal concentrations presented in Table 3 -11, the sludge needs to satisfy the vector attraction requirements and a specific pathogen concentration that will define it as either Class A or B. Biosolids with low metal concentrations are considered to be Exceptional Quality (EQ). Table 3 -11 Allowable Land Application Pollutant Limits Pollutant Ceiling Concentration (mg /Kg)* Cumulative Pollutant Loading Rate (Kg /ha) Monthly Average Concentration (mg /Kg)* Annual Pollutant Loading Rate (Kg /ha/365 days) Arsenic 75 41 41 2.0 Cadmium 85 39 39 1.9 Copper 4300 1500 1500 75 Lead 840 300 300 15 Mercury 57 17 17 0.85 Molybdenum 75 - - - Nickel 420 420 420 21 Selenium 100 100 100 5.0 Zinc 7500 2800 2800 140 *Dry weight basis \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 22 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN The main purpose of the vector attraction requirements is to reduce the amount of putrescible organic matter that will draw rodents and insects that will then interact with humans. Vector attraction is satisfied by reducing the incoming organic matter (in the form of volatile solids) to the stabilization process by a minimum of 38% 3.5.1.1 Class B Biosolids Class B biosolids are those that have a Fecal Coliform or Enteric Virus concentration lower than 2,000,000 Most Probable Number (MPN) /g TS or Colony Forming Units (CFU) /g TS. Treatment technologies recognized as Process to Significantly Reduce Pathogens (PSRP's) are certified to achieve Class B pathogen concentrations. They are: • Aerobic digestion where the biosolids are mixed with air or oxygen to maintain aerobic conditions for a mean cell residence time and temperature between 40 days at 20 °C and 60 days at 15 °C. • Air drying for a minimum of three months (two of them at a mean temperature above freezing). • Anaerobic digestion with a mean cell residence time and temperature between 15 days at 35 to 55 °C and 60 days at 20 °C. • Composting using within - vessel, static aerated pile, or windrow composting methods. The temperature should increase to at least 40 °C and remain at 40 °C or higher for five days. For four hours during the five days, the temperature in the pile must exceed 55 °C. • Alkaline stabilization, with a lime dose high enough to raise the pH of the sludge to 12 and maintain it at that temperature for two hours of contact. In order to satisfy Vector Attraction requirements, lime should have a pH greater than 11.55 for 22 hours or more. Biosolids that satisfy Class B requirements are subject to the following site restrictions: • Food crops that touch the sludge /soil mixture and are completely above ground cannot be harvested for 14 months after the sludge is applied. • Food crops that are below ground cannot be harvested for 20 months after the sludge is applied and left on the soil surface for 4 months before incorporating into the soil matrix. If the sludge is left on the soil surface for a period shorter than 4 months before it is incorporated, subterranean food crops cannot be harvested for 38 months. • Feed and fiber crops cannot be harvested for 30 days after the sludge is applied. • Animals cannot be allowed to graze for 30 days after the sludge application. • Turf cannot be harvested and public access to land has to be denied for a year if the potential for human exposure will be high. • Public access to land will be restricted for 30 days after application if the potential for human exposure is low. 3.5.1.2 Class ABiosolids Class A biosolids do not have the site restrictions that Class B has, and that is mainly due to its strict pathogen allowances of a Fecal Coliform concentration less than 1,000 MPN /g TS or a Salmonella concentration less than 3 MPN /4g TS, in addition to six alternatives: • Satisfy a residence time - temperature combination, as a function of solids concentration. • Raise the pH of the sludge above 12 for 72 hours, and maintain a temperature of 52 °C for 12 or more of those hours. After the 72 hour period, the sludge shall be air dried to a solids concentration greater than 50 %. \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 23 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN • Process must reduce the concentration of enteric viruses in the sludge to less than 1 Plaque Forming Unit (PFU) /4g TS, in addition to reducing the concentration of viable helminth ova to less than 1 viable egg /4g TS. • Measure the concentrations of enteric viruses and helminth ova and satisfy the requirements stated previously ( <1 PFU /4g TS and <1 viable ova /4g TS) at the time the biosolids are disposed or being prepared for use or disposal. • Use a technology identified as a Process to Further Reduce Pathogens (PFRP). • Use a technology accepted by the EPA to be equivalent to a PFRP. Just as in the case of PSRP's for Class B, PFRP's assure Class A biosolids. These technologies are: • Composting within - vessel or static aerated pile, where the temperature is maintained at 55° C or higher for three days. For windrow, the temperature shall be 55 °C or greater for 15 days or longer. • Heat drying of the sludge to a moisture content of 10% or lower using a temperature of 80 °C or greater. • Heat treatment, by raising the temperature of the sludge to 180 °C or higher for at least 30 minutes. • Thermophilic aerobic digestion using a mean cell residence time of 10 days at 55 to 60 °C. • R ray irradiation at 1.0 megarad at room temperature (approximately 20 0C). • y ray irradiation from 60Co or 137Cs at room temperature. • Pasteurization, by exposing the sludge to 70 °C or higher for at least 30 minutes. 3.5.2 State of Texas Regulations The State of Texas has been delegated by the EPA to regulate biosolids and has its own regulations regarding biosolids, which are part of the Texas Administrative Code, Title 30, Part 1, Chapter 312, Subchapter A. Although the Texas regulations are structured differently than the federal regulations, the technical requirements for Class A and Class B sludge are the same. 3.5.3 Class B BiosolidsOptions Land application is another alternative disposal option, which is currently not practiced for two reasons. First, suitable sites for land application are much farther than the landfill, which results in prohibitively high transportation costs. Second, land applied sludge must meet at lease the Class B requirements as defined in the EPA's Part 503 Biosolids regulations as described above. To comply with Class B requirements, the City would have to provide an aerobic digester solids resident time (SRT) of 40 days at 20 °C and 60 days at 15 °C. If there is not recycle or decanting within the digesters, the SRT and they hydraulic retention time (HRT) are equal Currently, the 2.7 million gallon aerated digester capacity provides an SRT of approximately 10 days at a solids concentration 0.5 %, which does not comply with the Class B requirements. To produce a Class B biosolids for land application, a SRT of 40 days for the existing plant could be obtained by increasing the solids concentration in the aerobic digesters to 2.1% through either decanting the supernatant in the digesters or the addition of a mechanical thickening process. In order to land apply the biosolids at the future flow of 24 MGD, an additional 1.8 million gallons of digester capacity and mechanical thickening are needed to increase the solids concentration to 3.5% and obtain a SRT of 40 days at 20 °C. \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 24 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN Anaerobic digestion is generally the preferred form of stabilizing the residual solids in plants with average flows above 5 to 10 MGD. The process involves a numerous different bacterial populations that utilize enzymatic and biochemical processes to reduce the incoming volatile solids concentration by conversion into biomass and metabolic byproducts. The complexity of anaerobic digestion comes from process sensitivity and the interactions of components that make up the complete system. As with any other biological reaction, temperature will affect the rate in which reactions are carried out. Hydrolysis, organic acid formation, and methane formation will both be dependent on temperature, and can be affected by fluctuations in it. Therefore, it is necessary to design a system with close temperature tolerances that is efficiently mixed. Most anaerobic digestion processes are designed to operate in the mesophilic temperature (35 0C), but some operate in the thermophilic temperature range (55 0C). While selection of the operating temperature is important, maintaining a stable operating temperature in the digester is more important. Temperature fluctuations greater than 1 °C /day can result in process failure due to the sensitivity of methane formers. This requirement may limit feed rates and schedules, unless preheating or heat exchangers are used. For the Oso WRP design flow of 24 MGD, four 85 -ft diameter anaerobic digesters with a side water depth of 25 -ft and a building containing the boilers and recirculation pumps is required. In addition, the efficient operation of anaerobic digestion requires the addition of primary clarification to the liquid stream process train; otherwise the anaerobic is difficult to operation and maintain process stability, effectively rendering the process unfeasible. To treat the peak flow of 98 MGD, four 130 -ft diameter primary clarifiers and a primary sludge pump station are required. As the Oso WRP does not current have primary clarification and is very constrained, anaerobic digestion does not appear to be feasible. 3.5.4 Class A Biosolids Options To produce Class A biosolids, the treatment process must meet the time and temperature requirements described in 3.5.1.2. For the aerobic digestion process, auto - heating to raise the temperature to the thermophilic range of 55 °C is required. For anaerobic digestion, either a pasteurization step or a thermophilic acid phase must be added to the biosolids stabilization treatment process. 3.6 DISINFECTION Disinfection at the Oso WRP is achieved with sodium hypochlorite where the chlorinated effluent passes through the chlorine contact basins. The contact basins provide the necessary contact time to kill most pathogens. Just prior to discharge, sodium bisulfate is added to neutralize any remaining chlorine residual. \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 25 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN The existing disinfection system design parameters are shown in the following table: I axle s -i z uisinrection 5vstem uesian varameters Design Dose (mg /L) 6 6 Peak sodium hypochloriteflow 6,500 - Existing sodium hypochlorite 8,000 - flow caoacity food) Contact Basin Volume (MG) 1.38 - Peak Flow Contact Detention 20.3 20 Time (min) The disinfection process is sized to accommodate peak hour flows. Since the peak hour design flow will not be increased, the existing chlorine contact basins and sodium hypochlorite storage and feed systems will not require upgrades. The existing disinfection system has recently struggled to meet the effluent permit limits for enterococci (35 and 89 MPN /100 ml for daily average and max respectively). This level of "kill" should be reliably accomplished with the plant's existing disinfection equipment unless there is excessive effluent turbidity or short circuiting of the chlorine contact basins. This issue will be studied further during the Phase 2 preliminary design to determine whether the system would benefit from the installation of baffles in the contact basins. In addition, the Wastewater Department has experienced a significant number of maintenance problems associated with the vacuum feed system currently in place. Peristaltic or diaphragm -type metering pumps would provide a more reliable alternative, which has proven effective at other local plants. 3.6.1 Impact of Sodium on Disinfection Over the past 12 months, the City has experienced challenges in meeting its permit limits with respect to enterococci. These challenges occurred at times when mixed liquor concentrations were above 5,000 mg /I and NaOCI dosages were above 6 mg /I. Anecdotally, NaOCI dose was reduced to approximately 3 mg /I and disinfection results improved. Others have suggested that reduced disinfection effectiveness may have been the result of increased sodium levels in the Oso WRP effluent. Based on this recent experience, the City is concerned that break point chlorination with its corresponding high dosages of NaOCI may adversely impact disinfection at the Oso WRP. The LNV /Jacobs team reviewed available literature and concludes that elevated sodium levels are not known to impact disinfection effectiveness, particularly at the sodium concentrations encountered in the Oso WRP effluent or expected in the effluent as a result of breakpoint chlorination. Our conclusions are based on the following: Chlorine is routinely used to control biofouling in seawater cooling towers. Sodium concentrations in this application are substantially higher than those found in the Oso WRP effluent. • Higher TDS can affect the ionic strength of the plant effluent, which can then affect the equilibrium between hypochlorous acid and hypochlorite ion. An order of magnitude increase in TDS reduces the amount of hypochlorous acid in solution by approximately five \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 26 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN (5) percent (see figure 14, p 1502, Handbook of Chlorination 4th ed, White). Although no data quantifying the Oso WRP effluent sodium levels are available, we estimate that sodium levels range from 400 to 700 mg /I based on reported effluent chloride levels. The addition of 40 -70 mg /L sodium due to breakpoint chlorination represents an approximately 10 percent increase in TDS, which should decrease hypochlorous acid by much less than five percent. Based on the above information, we do not believe that higher dosages of NaOCI contributed to a decrease in disinfection effectiveness. It is more likely that the increase in mixed liquor concentration impacted the levels of suspended solids in the effluent overall chlorine demand. 3.7 ELECTRICAL SYSTEM 3.7.1 Existing Electrical System The existing electrical system at the Oso WRP was upgraded in 2007 under Project No. 7231, ELECTRCIAL /ALTERNATE POWER FACILTY UPGRADE. Under Part 1 of this project, all of the existing switchgear and motor control centers were replaced with new facilities. Three new electrical control rooms (ECR's) were installed with new transformers, switchgear and motor control centers to serve the existing plant loads. Each ECR is a climate controlled building with fully redundant transformers and indoor switchgear. ECR -2/3 contains the 12.47 kV main switchgear that supplies power to the entire plant and supplies 480 volt power to Blower Houses No. 1, 2, 3 &5, Lab /Office building, aeration basins, pre- thickeners, clarifiers and chlorination facilities. ECR -4 supplies 480 volt power to Blower House No. 4, the bar screen, re- aeration basins, belt press building, and the post- thickeners. ECR -LS2 serves Lift Station No. 2, chlorination, de- chlorination and the non - potable water system. The project included new 12.47 kV main - tie -main switchgear with automatic controls capable of switching the entire plant load from the preferred (normal) AEP source to the alternate (standby) source in the event of an unplanned power interruption. This upgrade project also included the installation of a plant -wide, above ground, cable tray system to replace the existing underground duct and manhole system. At this time, only the 12.47 kV feeder circuits are installed in the tray system, but there is adequate space for installation of new low voltage power, control and instrument circuits to replace the underground circuits that still remain in service. The Oso WRP currently has two (2) 500 kW diesel engine driven standby generators, one that serves ECR -LS2 and one that serves ECR -4. These generators are set up for manual start - stop. Switching between the normal utility source and the standby generators is by manual operation only. These generators do not have sufficient capacity to operate normal plant load, but are only sized to operate Lift Stations 1 and 2, one blower at ECR -4 and the chlorination facilities. When operating on generator power, the plant operators must disconnect or manually turn off non - essential loads at ECR -4 and ECR -LS2 to prevent the generators from overloading and tripping off line. 3.7.2 Electrical System Improvements Electrical system improvements and additions will be required to support the new plant process facilities recommended in this report. AEP's two 12.47 kV feeder circuits that serve the Oso WRP are already heavily loaded and may require an upgrade to maintain fully redundant capability at the new power demand levels. The existing 12.47 kV switchgear and feeder \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 27 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN system has adequate capacity to supply the new load requirements. However, new ECR buildings will be required since the existing ECR's do not have adequate transformer capacity or MCC space to serve the proposed loads. A new ECR -5 will be required on the north end of the plant to serve the new Lift Station No. 3, screening facilities and blowers. A new ECR -6 will be needed at the south end of the plant to provide power for MLR pumps and anoxic mixers. These ECR buildings will be climate controlled, prefabricated metal buildings similar to the existing ECR's with fully redundant transformers, switchgear and motor control centers. Recommendations for standby power improvements include relocating the two existing 500 kW generator units to a centralized generation plant located near ECR -2/3 and providing four (4) additional 500 kW units for 3,000 kW total standby capacity. These generators would operate in parallel with automatic start/stop and load sharing controls and will provide adequate capacity to run the entire plant in the event of an extended failure of both normal utility sources. The generators will be connected to the main 12.47 kV switchgear system through a step -up transformer and automatic paralleling 480 volt switchgear. 3.7.3 Electrical Energy Savings and Conservation Electrical costs represent a significant portion of the plant's operating cost. Reductions in electrical consumption will save money as well as reduce the plant's carbon footprint. Conversion to fine bubble aeration will provide significant energy savings. It is recommended that new pumps and blowers be equipped with premium efficiency motors to provide further savings. Improved control of the blowersthrough the proposed SCADA system will also reduce electrical costs. DO levels beyond 2 mg /L signals excess air is being fed to the process basins. This excess air is not harmful, but provides no benefit for its electrical cost. 3.8 INSTRUMENTATION AND CONTROLS 3.8.1 Existing SCADA System The existing Oso WRP has limited instrumentation and controls. The existing SCADA system includes RTU's located in the three existing ECR's that transmit minimal plant status and alarm points to the City wide SCADA network. No operator control is provided through the existing system. Normal display and monitoring of these SCADA points is done only at the Greenwood WWTP and at the City Wastewater Dept. offices located on Civitan Dr. The Oso WRP plant operators do not have the ability to monitor or control the process from a central plant control room. 3.8.2 SCADA Improvements It is recommended that the existing SCADA system be replaced with a new system that will provide full monitoring and supervisory control for the new plant facilities. Additionally, the existing process facilities will be integrated into the new SCADA equipment to the extent that 1/0 points are available to provide more extensive monitoring and control than the present system can provide. The new SCADA facilities will include a programmable logic controller (PLC) based RTU located in each new and existing ECR building with process 1/0 connections to MCC's, control panels and field instruments located in or near that ECR. These RTU's will communicate with a MTU (master terminal unit) located in the plant control room across a fiber optics or wireless Ethernet network. The new SCADA network will communicate to the existing City wide SCADA system through the existing 900 MHz radio link. The plant control room will be provided with a PC based, dual monitor operator work station. \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 28 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN 3.9 BUFFER ZONE TCEQ ( §309.13.E.3)necessitates a 150 foot buffer zone as a compliance requirement to abate and control odor nuisances prior to construction of a new wastewater treatment plant unit. The rule requires the permittee to submit sufficient evidence of legal restrictions prohibiting residential structures within the 150 foot portion of the buffer zone not owned by the permittee. This evidence typically involves a suitable restrictive easement, right -of -way, covenant, deed restriction or a private agreement provided to TCEQ for their review. The plant property is bound on the north, west, south, and southeast boundaries by TAMU -CC owned property. TAMU -CC is currently constructing a master planned athletic facility on the portion of land along the southern plant boundary. The master plan currently shows no improvements along the north, west and southeast property lines. The City has coordinated the proposed plant buffer zone with TAM U-CC since November 2011 and finalized the buffer zone agreement in January 2013. The buffer zone, as filed and recorded in the Official Public Records of Nueces County, offsets the existing property lines on the north, west, and southeast by 150 feet and offsets the southern property line by only 40 feet. This results in approximately 110 feet of the southern buffer zone being located on the plant property, meaning that no wastewater treatment unit is allowed to encroach within 110 feet of the plants southern property line. Refer to the executed and recorded buffer zone easement documents in Appendix C. For this reason, the southern buffer zone and plant property lines have dictated the shape of the proposed aeration basins. Although unlikely, it is possible that TCEQ will adopt more stringent odor regulations (larger buffer zone requirements) in the future which may result in having to relocate or modify the footprints of the proposed aeration basins. In addition, TAMU -CC has requested permission to construct a 13 foot high berm on the City's property within the proposed southern buffer zone which will serve as a visual barrier between the athletic facilities and the plant. This berm will be outside of the plants fence and will be maintained by TAMU -CC. Refer to Exhibit F inAppendix A for the berm layout. 4.0 PROJECT IMPLEMENTATION Upgrading the Oso WRP for biological nutrient removal is a significant part of the City's Capital Improvement Plan. This section summarizes the process upgrades detailed in the previous section and presents estimates of construction costs. 4.1 RECOMMENDED PLAN The following upgrades are recommended and in most cases, are presented in the order of construction. All proposed improvements are shown on Exhibit E in Appendix A. 4.1.1 Lift Station No. 4 The proposed 80 -90 MGD lift station facility will provide reliable pumping capacity and will allow plant personnel flexibility in isolating the influent lift stations for maintenance purposes. In addition, it will allow the City remove the temporary emergency pumps currently on site. The facility will have an approximate footprint of 40' by 75' and will include the following: • Bio- filter odor control facility or upgrades to existing system • Wet well with eight (8) submersible pumps • Lift Station Building • Flow Meter \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 29 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN 4.1.2 Headworks Theproposed headworks must be constructed to reduce grit build -up in the aeration basins and will have an approximate footprint of 50' by 80'. The new facility will include the following: • Four (4) bar screens andassociated washers /compactors • Four (4) vortex grit chambers • Grit pumps and classifiers • Bio- filter odor control facilityor upgrades to existing system 4.1.3 Process Train No. 3 Aeration Basin A third aeration basin will be constructed adjacent to one of the existing trains. This two pass basin will be located south of the east process train and will have a footprint of approximately 300' by 100'. The following will be included: • 36" diameter influent piping to deliver screen ed/deg ritted sewage • Splitter structure to divide flows equally between operating aeration basins • 18" RAS piping to deliver RAS from the clarifiers to the head of the new basin • Mixed liquor return pump and piping • Fine bubble aeration diffusers and piping • Process air piping • Isolation Structures on RAS channel and clarifier influent 4.1.4 Existing Aeration Basin Retrofits The existing aeration basins will be converted to 6 MGD trains for biological nutrient removal.This work would be performed one train at a time and includes the following: • Extend the influent piping to the head of the re- configured basins • Extend the RAS channel to deliver RAS where the influent enters the basins • Demolishing the wall between the first two RAS re- aeration basins • Installation of new walls and baffles to form anoxic zones • Anoxic mixers • Mixed liquor return pumps and piping • Replace existing course bubble system with fine bubble piping /diffusers 4.1.5 Process Train No. 4 Aeration Basin The fourth aeration basinwill provide a total plant capacity of 24 MGD (firm treatment capacity of 18 MGD). This two pass basin will be located south of the west train with a footprint of approximately 210' by 140' and will include the same features as the Process Train No. 3 aeration basins. Some quantities will differ based on theparticular location and routing of pipes. 4.1.6 Disinfection Although major modifications to the disinfection system are currently under construction as a part of the Phase 1 improvements, further study will be performed during the preliminary design phase to determine whether the hypochlorite feed system should be modified and whether the existing chlorine contact chambers would benefit from the installation of baffles or the construction of new rectangular basins to prevent short circuiting. The existing chlorine contact chambers are converted circular clarifiers which are less reliable in providing a uniform contact time (i.e. flow pattern)thru the basin and can result in short circuiting. \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 30 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN 4.2 RECOMMENDED PLAN COSTS A preliminary cost estimate was developed to provide budgetary numbers for capital planning. Cost estimate accuracy is within 30% of the actual costs. The costs shown below include a 25% construction contingency, 22.8% administrative allowance, and are in 2013 dollars. The construction costs should be escalated approximately 3% per year to the midpoint of construction to account for inflation. The detailed cost estimates are included in Appendix B for more information. i ar)ie 1+- 1 rnase c L.vst r_snrnate aurnrn East Plant Retrofit $5,585,000 $6,865,000 West Plant Retrofit $5,585,000 $6,865,000 New East Process Train No. 3 $11,245,000 $13,815,000 New West Process Train No. 4 $10,545,000 $12,955,000 Influent Pump Station $9,910,000 $12,180,000 Headworks $9,734,000 $11,964,000 Maintenance Building $1,158,000 $1,428,000 Disinfection System Modifications & Chlorine Contact Basin Mech Equip Replacement $1,300,000 $1,560,000 Digester No. 2,3 & 4 Mech Equip Replacement $975,000 $1,185,000 LMWWTP Decommissioning & Transfer $24,932,000 $30,622,000 \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 31 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN 4.3 PHASING OF CAPITAL IMPROVEMENTS The improvements detailed in this masterplan are intended to be constructed in two phases (2A and 2B). However, if it is more economically feasible, the work may be completed inup to three phases as shown below. Phase 2A (Parts 1 and 2) will include the headworks, splitter structure, Train No. 3 aeration basins and the retrofit of the existing east and west trains. Although included in Phase 2A, the upgrades to the existing process trains must not be constructed until after the headworks and new process train No.3 are in operation. AIIPhase 2A facilities will include I &C and SCADAupgrades with provisions for connectingto thePhase 213facilities in the near future. Lift Station 4 should be constructed as soon as possible as it will provide reliable pumping capacity and will eliminate the need for the temporary Godwin pumps that have been installed for several years. However, it is not absolutely necessary until Phase 2B improvements. Phase 2B willalso include the Blower House No.3 upgrades to accommodate the fourth process train. \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 32 of 32 Appendix A EXHIBITS s -d53i-5-)�,x� sa Bb _g N�w:m lS9 N�mx SVM 04 six Sd 94 5}J 84 K s, Hb m 3 a I svm Ol 3a Uox dW fld 531 3S\ I iN-- ��LLLL - 9 \� a - 3 t� LS 9 m , w � c� 6 e a ..............rte" 0 EXHIBIT C C = 3a H � LU O= au ZH N HO H� W o= Si — AbZ oonNyL p✓ Aa FS P \1 60�EyE` "~� f-OJP1 s 3 r �a a y� 3 s -d53i-5-)�,x� sa Bb _g N�w:m lS9 N�mx SVM 04 six Sd 94 5}J 84 K s, Hb m 3 a I svm Ol 3a Uox dW fld 531 3S\ I iN-- ��LLLL - 9 \� a - 3 t� LS 9 m , w � c� 6 e a ..............rte" 0 EXHIBIT C C = 3a H � LU O= au ZH N HO H� W ow �w e w 0 a <o �N s 00 D 00 C r. o VV 00 3 J o - ® w Q Q O Z a Z LLI W N N — W oE= 'am 00 D 00 C r. o VV 00 3 J C &$� i o o �1 o0 �= o a m p ,\ o Nhm 0 — H 9h -go IL 3 ®�w j O Z U t2 0 W Q d a�3 a F=; v m�� Nhm 0 — H 9h -go �MINE °r. 1 r ml I P� oW pF �N�pa�a - Q m�oo�a PL m5a�° _o °L 1 0I 1181HXI W21:18 )? INOZ s�o�e1 ;uoo I sya� ;iyoJe Ill siaaui6ua IVANU3 J 1N31dinN 1NVld NOU WVl03>J d31VM Os0 ��� xi 'IisiaHO sndaoo or/ B mV -o¢ pN i ssp�5�p��a�a�K m — li o w o ao��pmw 3 w � �o w aw�wo� = o a H = _ W 0 pao'm� °owkpo aN=a a o W O mo e o 0 0 ma oo a v o � p / / f a m a u 1 0 O] �f �o a rNii w owo �mm as �. 0'Lb Q 11 0111" i \\ fr o w 1A�. A� a z� �Q �r w� wa o� Appendix B COST ESTIMATES LNV In association with: Jacobs Engineering Group engineers architects i contractors Joshua Brown, P.E. ECT: Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements ECT NO: E09007 DATE: March 20, 2013 BY: JB &LB &JH 1 East Plant Retrofit 1 LS $ 5,585,000 $ 5,585,000 2 West Plant Retrofit 1 LS $ 5,585,000 $ 5,585,000 3 New East Process Train No. 3 1 LS $ 11,245,000 $ 11,245,000 4 New West Process Train No. 4 1 LS $ 10,545,000 $ 10,545,000 5 Influent Pump Station 1 LS $ 9,910,000 $ 9,910,000 6 Headworks 1 LS $ 9,734,000 $ 9,734,000 7 Maintenance Building 1 LS $ 1,158,000 $ 1,158,000 8 Disinfection System Modifications & Chlorine Contact Basin Mech Equip. Replacement 4 EA $ 325,000 $ 1,300,000 9 Digester No 2,3 & 4 Mech Equip Replacement 3 EA $ 325,000 $ 975,000 10 LMWWTP DecommissioninQ & Transfers 1 LS $ 24,932,000 $ 24,932,000 ,: C , a. CONSTRUCTION SUB TOTAL (2013 $) $ 80,969,000 DESIGN - BASIC SERVICE 8.0% $ 6,478,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 1,620,000 TOPOGRAPHIC SURVEY 0.3% $ 243,000 CONTRACT ADMINISTRATION 3.0% $ 2,430,000 ENGINEERING SERVICES 3.5% $ 2,834,000 CONSTRUCTION INSPECTION 3.5% $ 2,834,000 TESTING 1.0% $ 810,000 BOND INSURANCE 1.0% $ 810,000 MISC. PRINTING, ETC 0.5% $ 405,000 ADMINISTRATIVE SUB TOTAL $ 18,470,000 CONSTRUCTION TOTAL (2016 $) Note 1 $88,478,000 PROJECT TOTAL (2016 $) Note 111 $106,948,000 NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. 2. Items not included in the estimate are any structures or equipment identified during the condition assessment as requiring upgrades, rehabilitation, or replacement including but not limited to the outfall facilities, administration building, belt press building, digesters, clarifiers and /or yard piping. APPENDIX B Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements Preliminary Estimate of Probable Cost LNV Project No. 100140 Page 1 of 9 LNV In association with: Jacobs Engineering Group engineers I architects I contractors Joshua Brown, P.E. ECT: Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements ECT NO: E09007 RIPTION: East Plant Aeration Basin Retrofit DATE: March 20, 2013 BY: JB &LB &JH 1 Mobilization 1 LS $ 210,000 $ 210,000 2 Sludge removal & disposal 1 LS $ 250,000 $ 250,000 3 Utilty relocation (RS piping) 1 LS $ 160,000 $ 160,000 4 Demolition (160' baffle wall) 1 LS $ 100,000 $ 100,000 5 New baffle walls 1 LS $ 250,000 $ 250,000 6 Yard piping modifications 1 LS $ 500,000 $ 500,000 7 Mixers, MLR pump & pipe, WAS pump & pipe 1 LS $ 750,000 $ 750,000 8 New fine bubble diffusers 1 LS $ 525,000 $ 525,000 9 Upgrades to air piping (automated valves 1 LS $ 450,000 $ 450,000 10 Walkway retrofit due to new air pipe 1 LS $ 250,000 $ 250,000 11 Electrical and Instrumentation 1 LS $ 850,000 $ 850,000 II CONSTRUCTION SUB TOTAL (2013 $) $ 5,585,000 II DESIGN - BASIC SERVICE 8.0% $ 447,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 112,000 TOPOGRAPHIC SURVEY 0.3% $ 17,000 CONTRACT ADMINISTRATION 3.0% $ 168,000 ENGINEERING SERVICES 3.5% $ 196,000 CONSTRUCTION INSPECTION 3.5% $ 196,000 TESTING 1.0% $ 56,000 BOND INSURANCE 1.0% $ 56,000 MISC. (PRINTING. ETC) (0.5 %) $ 28.000 11 ADMINISTRATIVE SUB TOTAL $ 1,280,000 11 NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. APPENDIX B Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements Preliminary Estimate of Probable Cost LNV Project No. 100140 Page 2 of 9 LNV In association with: DATE: March 20, 2013 Jacobs Engineering Group BY: JB & LB & JH engineers I architects I contractors Joshua Brown, P.E. PROJECT: Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements PROJECT NO: E09007 DESCRIPTION: West Plant Aeration Basin Retrofit PRELIMINARY ESTIMATE OF PROBABLE CONSTRUCTION COST 1 Mobilization 1 LS $ 210,000 $ 210,000 2 Sludge removal & disposal 1 LS $ 250,000 $ 250,000 3 Utilty relocation (RS piping) 1 LS $ 160,000 $ 160,000 4 Demolition (160' baffle wall) 1 LS $ 100,000 $ 100,000 5 New baffle walls 1 LS $ 250,000 $ 250,000 6 Yard piping modifications 1 LS $ 500,000 $ 500,000 7 Mixers, MLR pump & pipe, WAS pump & pipe 1 LS $ 750,000 $ 750,000 8 New fine bubble diffusers 1 LS $ 525,000 $ 525,000 9 Upgrades to air piping (automated valves) 1 LS $ 450,000 $ 450,000 10 Walkway retrofit due to new air pipe 1 LS $ 250,000 $ 250,000 11 Electrical and Instrumentation 1 LS $ 850,000 $ 850,000 CONSTRUCTION SUB TOTAL (2013 $) $ 5,585,000 DESIGN - BASIC SERVICE 8.0% $ 447,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 112,000 TOPOGRAPHIC SURVEY 0.3% $ 17,000 CONTRACT ADMINISTRATION 3.0% $ 168,000 ENGINEERING SERVICES 3.5% $ 196,000 CONSTRUCTION INSPECTION 3.5% $ 196,000 TESTING 1.0% $ 56,000 BOND INSURANCE 1.0% $ 56,000 MISC. PRINTING, ETC 0.5% $ 28,000 ADMINISTRATIVE SUB TOTAL $ 1,280,000 . ........................FR�3.lE T Tt�T .. � .. ,. NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. APPENDIX B Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements Preliminary Estimate of Probable Cost LNV Project No. 100140 Page 3 of 9 LNV In association with: Jacobs Engineering Group engineers f architects I contractors Joshua Brown, P.E. PROJECT: Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements PROJECT NO: E09007 DESCRIPTION: Proposed East Aeration Basin (Train 3) DATE: March 20, 2013 BY: WLB & BHE & JH 1 Mobilization 1 LS $ 420,000 $ 420,000 2 Utility relocation 1 LS $ 200,000 $ 200,000 3 New splitter box with gates 1 LS $ 350,000 $ 350,000 4 Isolation Structures (Clarifier & RAS) 2 EA $ 100,000 $ 200,000 5 Excavation/ fill/ disposal 20000 CY $ 30 $ 600,000 6 Dewatering 1 LS $ 250,000 $ 250,000 7 New aeration basin concrete structure 1 LS $ 1,600,000 $ 1,600,000 8 Yard &Air piping modifications 1 LS $ 1,100,000 $ 1,100,000 9 Mixers, MLR pump, WAS pump 1 LS $ 700,000 $ 700,000 10 Diffusers 1 LS $ 525,000 $ 525,000 11 Air piping (automated valves) 1 LS $ 450,000 $ 450,000 12 Blower Upgrades & Replacement 1 LS $ 750,000 $ 750,000 13 Walkways, Safety Rails 1 LS $ 250,000 $ 250,000 14 Electrical and Instrumentation 1 LS $ 1,250,000 $ 1,250,000 11 CONSTRUCTION SUB TOTAL (2013 $) $ 11,245,000 11 DESIGN - BASIC SERVICE 8.0% $ 900,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 225,000 TOPOGRAPHIC SURVEY 0.3% $ 34,000 CONTRACT ADMINISTRATION 3.0% $ 338,000 ENGINEERING SERVICES 3.5% $ 394,000 CONSTRUCTION INSPECTION 3.5% $ 394,000 TESTING 1.0% $ 113,000 BOND INSURANCE 1.0% $ 113,000 MISC. (PRINTING, ETC) (0.5 %) $ 57,000 11 ADMINISTRATIVE SUB TOTAL $ 2,570,000 11 NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. APPENDIX B Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements Preliminary Estimate of Probable Cost LNV Project No. 100140 Page 4 of 9 LNV In association with Jacobs Engineering Group engineers I architects I contractors Joshua Brown, P.E. PROJECT: Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements PROJECT NO E09007 DESCRIPTION: Proposed West Aeration Basin (Train 4) DATE: March 20, 2013 BY WLB & BHE & JH PRELIMINARY ESTIMATE OF PROBABLE CONSTRUCTION COST 1 Mobilization 1 LS $ 330,000 $ 330,000 2 Utility relocation 1 LS $ 200,000 $ 200,000 3 Isolation Structures (Clarifier & RAS) 2 EA $ 100,000 $ 200,000 4 Excavation/ fill /disposal 20000 CY $ 30 $ 600,000 5 Dewaterin 1 LS $ 250,000 $ 250,000 6 New aeration basin concrete structure 1 LS $ 1,600,000 $ 1,600,000 7 Yard & Air piping modifications 1 LS $ 900,000 $ 900,000 8 Mixers, MLR pump, WAS pump 1 LS $ 700,000 $ 700,000 9 Diffusers 1 LS $ 525,000 $ 525,000 10 Air piping (automated valves 1 LS $ 450,000 $ 450,000 11 Blower Upgrades & Replacement 1 LS $ 750,000 $ 750,000 12 Walkways & Safety Rails 1 LS $ 250,000 $ 250,000 14 lElectrical and Instrumentation 1 LS $ 1,350,000 $ 1,350,000 CONSTRUCTION SUB TOTAL (2013 $) $ 10,545,000 DESIGN - BASIC SERVICE 8.0% $ 844,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 211,000 TOPOGRAPHIC SURVEY 0.3% $ 32,000 CONTRACT ADMINISTRATION 3.0% $ 317,000 ENGINEERING SERVICES 3.5% $ 370,000 CONSTRUCTION INSPECTION 3.5% $ 370,000 TESTING 1.0% $ 106,000 BOND INSURANCE 1.0% $ 106,000 MISC. PRINTING, ETC 0.5% $ 53,000 ADMINISTRATIVE SUB TOTAL $ 2,410,000 NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. APPENDIX B Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements Preliminary Estimate of Probable Cost LNV Project No. 100140 Page 5 of 9 LNV In association with: Jacobs Engineering Group engineers I architects I contractors Joshua Brown, P.E. PROJECT: Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements PROJECT NO: E09007 DESCRIPTION: Proposed Influent Lift Station DATE: March 20, 2013 BY: WLB & BHE & JH PRELIMINARY ESTIMATE OF PROBABLE CONSTRUCTION COST 1 Mobilization 1 LS $ 370,000 $ 370,000 2 Utility Relocation Allowance 1 LS $ 300,000 $ 300,000 3 Excavation 1 LS $ 500,000 $ 500,000 4 Dewatering 1 LS $ 150,000 $ 150,000 5 New 60" Inlet Piping 500 LF $ 1,000 $ 500,000 6 Lift Station Dual Wet Well 1 LS $ 750,000 $ 750,000 7 Submersible Influent Pumps 8 EA $ 150,000 $ 1,200,000 8 Lift Station Building 1500 SF $ 300 $ 450,000 9 Yard piping & Fittings 1 LS $ 500,000 $ 500,000 10 Flow Metering 1 EA $ 200,000 $ 200,000 11 Pump Hoist & Lifting System 1 LS $ 150,000 $ 150,000 12 Demolition & Decommissioning of LS1 & LS2 1 LS $ 150,000 $ 150,000 13 Electrical, Instrumentation & Programming 1 LS $ 2,400,000 $ 2,400,000 QiTta,,,, CONSTRUCTION SUB TOTAL (2013 $) $ 9,910,000 DESIGN - BASIC SERVICE 8.0% $ 793,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 199,000 TOPOGRAPHIC SURVEY 0.3% $ 30,000 CONTRACT ADMINISTRATION 3.0% $ 298,000 ENGINEERING SERVICES 3.5% $ 347,000 CONSTRUCTION INSPECTION 3.5% $ 347,000 TESTING 1.0% $ 100,000 BOND INSURANCE 1.0% $ 100,000 MISC. PRINTING, ETC 0.5% $ 50,000 ADMINISTRATIVE SUB TOTAL $ 2,270,000 FR3lET TtT ,.tom {3 NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. APPENDIX B Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements Preliminary Estimate of Probable Cost LNV Project No. 100140 Page 6 of 9 LNV In association with: DATE: March 20, 2013 Jacobs Engineering Group BY: WLB & BHE & JH engineers I architects I contractors Joshua Brown, P.E. PROJECT: Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements PROJECT NO: E09007 DESCRIPTION: Proposed Headworks Structure PRELIMINARY ESTIMATE OF PROBABLE CONSTRUCTION COST 1 Mobilization 1 LS $ 360,000 $ 360,000 2 Sludge removal and disposal 1 LS $ 150,000 $ 150,000 3 Demolition (Removal of buried post thickeners and Existing Headworks facility) 1 LS $ 350,000 $ 350,000 4 Pier Foundation - (54) 36" dia piers @ 50' Depth) 2700 VF $ 120 $ 324,000 5 Utility Relocation 1 LS $ 100,000 $ 100,000 6 Excavation 1 LS $ 50,000 $ 50,000 7 Modifications to Existing Lift Station Force Mains 500 LF $ 500 $ 250,000 8 Bar Screen Channel Concrete Structure 1 LS $ 500,000 $ 500,000 9 Grit Basin Concrete Structure 1 LS $ 750,000 $ 750,000 10 Bar screens, Compactors, Gates 1 LS $ 1,500,000 $ 1,500,000 11 Vortex Grit Equipment 4 EA $ 400,000 $ 1,600,000 12 Miscellaneous Piping 1 LS $ 300,000 $ 300,000 13 lElectrical and Instrumentation 1 LS $ 500,000 $ 500,000 14 10dor Control FacilitX Im rovements 1 LS $ 750,000 $ 750,000 CONSTRUCTION SUB TOTAL (2013 $) $ 9,734,000 DESIGN - BASIC SERVICE 8.0% $ 779,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 195,000 TOPOGRAPHIC SURVEY 0.3% $ 30,000 CONTRACT ADMINISTRATION 3.0% $ 293,000 ENGINEERING SERVICES 3.5% $ 341,000 CONSTRUCTION INSPECTION 3.5% $ 341,000 TESTING 1.0% $ 98,000 BOND INSURANCE 1.0% $ 98,000 MISC. PRINTING, ETC 0.5% $ 49,000 ADMINISTRATIVE SUB TOTAL $ 2,230,000 NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. APPENDIX B Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements Preliminary Estimate of Probable Cost LNV Project No. 100140 Page 7 of 9 LNV In association with: Jacobs Engineering Group engineers I architects I contractors Joshua Brown, P.E. PROJECT: Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements PROJECT NO: E09007 DESCRIPTION: Maintenance Building DATE: March 20, 2013 BY: WLB & BHE & JH 1 Mobilization 1 LS $ 43,000 $ 43,000 2 Site Clearing & Preparation 1 LS $ 20,000 $ 20,000 3 Metal Building & Foundation (3000 SF) 3000 SF $ 200 $ 600,000 4 Utility Relocation 1 LS $ 25,000 $ 25,000 5 Plumbing & HVAC 1 LS $ 150,000 $ 150,000 6 Electrical Improvements 1 LS $ 50,000 $ 50,000 11 CONSTRUCTION SUB TOTAL (2013 $) $ 1,158,000 11 DESIGN - BASIC SERVICE 8.0% $ 93,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 24,000 TOPOGRAPHIC SURVEY 0.3% $ 4,000 CONTRACT ADMINISTRATION 3.0% $ 35,000 ENGINEERING SERVICES 3.5% $ 41,000 CONSTRUCTION INSPECTION 3.5% $ 41,000 TESTING 1.0% $ 12,000 BOND INSURANCE 1.0% $ 12,000 MISC. (PRINTING, ETC) (0.5 %) $ 6,000 11 ADMINISTRATIVE SUB TOTAL $ 270,0001 NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. APPENDIX B Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements Preliminary Estimate of Probable Cost LNV Project No. 100140 Page 8 of 9 LNV engineers architects I contractors PROJECT: Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements ,PROJECT NO E09007 DESCRIPTION: Laguna Madre WWTP Decommissiong, Transfer Lift Station & Wastewater /Effluent Force Mains DATE: March 20, 2013 BY WLB PRELIMINARY ESTIMATE OF PROBABLE CONSTRUCTION COST 1 Mobilization 1 LS $ 920,000 $ 920,000 2 Utility Relocation Allowance 1 LS $ 300,000 $ 300,000 3 Excavation for Wet Well 1 LS $ 35,000 $ 35,000 4 Dewatering for Wet Well 1 LS $ 40,000 $ 40,000 5 New 36" Inlet Piping 100 LF $ 350 $ 35,000 6 Dual Concrete Wet Well 1 LS $ 150,000 $ 150,000 7 135 HP Submersible Influent Pumps 6 EA $ 80,000 $ 480,000 8 Lift Station Building 1000 SF $ 300 $ 300,000 9 LS Yard piping Modifications 1 LS $ 50,000 $ 50,000 10 Flow Metering 1 EA $ 125,000 $ 125,000 11 Pump Hoist & Lifting System 1 LS $ 125,000 $ 125,000 12 Demolition & Decommissioning of LMWWTP 1 LS $ 750,000 $ 750,000 13 Electrical, Instrumentation & Programming 1 LS $ 1,000,000 $ 1,000,000 14 Dual 20 -in Wastewater Force Main to Oso WRP 29300 LF $ 250 $ 7,325,000 15 Dual 20 -in Wastewater FM Installed across Oso Bay via HDD 4750 LF $ 490 $ 2,327,500 16 Dual 20 -in Wastewater FM across Shoreline Bridge 1700 LF $ 300 $ 510,000 17 12 -in Effluent Force Main to LMWWTP 29300 LF $ 85 $ 2,490,500 18 HDD Effluent FM installed across Oso Bay via 4750 LF $ 170 $ 807,500 19 12 -in Effluent FM across Shoreline Bride 1700 LF $ 100 $ 170,000 21 Dewatering by Well Pointing for both FMs 29300 LF $ 25 $ 732,500 22 HMACP Pavement Repair 3300 LF 2567 SY $ 60 $ 154,000 23 JAir Release Valve Manholes & Assembly 20 EA $ 9,000 $ 180,000 24 JGate Valves 4000' SRacinp 30 EA $ 5,500 $ 165,000 ., CONSTRUCTION SUB TOTAL (2013 $) $ 24,932,000 DESIGN - BASIC SERVICE 8.0% $ 1,995,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 499,000 TOPOGRAPHIC SURVEY 0.3% $ 75,000 CONTRACT ADMINISTRATION 3.0% $ 748,000 ENGINEERING SERVICES 3.5% $ 873,000 CONSTRUCTION INSPECTION 3.5% $ 873,000 TESTING 1.0% $ 250,000 BOND INSURANCE 1.0% $ 250,000 MISC. PRINTING, ETC 0.5% $ 125,000 ADMINISTRATIVE SUB TOTAL $ 5,690,000 ...., ,,,,,,, ,,,,,,, r NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. APPENDIX B Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements Preliminary Estimate of Probable Cost LNV Project No. 100140 Page 9 of 9 Appendix C Buffer Zone Easement Dn-_—"w 2013002933 v2�N BUFFER ZONE EASEMENT CITY OF CORPUS CHRISTI 111111][Di �IIj'17!011'111! :91 111 1111, 1 '111, A plat of the Property showing the surface area affected by the Easement and the location of 2. Puroose and Location of Easement. The Easement is granted for the purpose of 3. RigiLt of Access. CITY has the right of ingress and egress across the Property for the purpose of maintaining a buffer zone. CITY agrees to occupy the surface of the Property only to the extent and for the length of time necessary for maintaining the buffer zone. Any gate or opening used by CITY for ingress or egress in the exercise of its rights must be kept in proper condition and closed at all times. 1U �j Pmpuad by Office of Gomel Counad City orcorpus Christi Buffer Zone Easement LftW Fila No, 2012-OMOW9 W312012 APPENDIX A Page 1 of 12 7. CITY will comply with the Antiquities Code of Texas, TEX. NAT. RES. CO ANN. § 191 et gN,. and CITY further y©» title to archaeological objects or artifacts, «- , or on the Property remain with TAMUS. I 911,1011 . . ....... . . City of Corpus Christi Wastewater Department V%O. Box 9277 Corpus Christi, Texas 78469-9277 B. her w to grant permits, licenses and easements covering the Property to other parties for he befit of third parties or the public, so long as (i) the third party or public use does not interfere with the use of the Property as a buffer zone. E Lic t Pr"ared by Office of Ocromi Counul 2 City of CoW Chriv! BWYbr Zom Emanent LMW ,No. 2012-MON9 FDO421IM2012 APPENDIX A Page 2 0 12 r I I M, I LM �Mll CITY will not use the Property or permit the Property to be used so as to cause, suffer, allow any contamination of soils, ground water, surface water, or natural resources on adjacent to the Property resulting from, but not limited to, spills or leaks of oil, gasolin hazardous materials, hazardous wastes, or other chemical compounds. CITY is sole I responsible for cleanup of any contarnination resulting from violation of this provision. 12. Waiver. No waiver by TAMUS or CITY of any default or breach of any te condition, or covenant of the Easement will be a waiver of any other breach of any other te condition, or covenant. I Prepared by Office of Gum& Counsel 3 City or Cerpus Christi Buffer Zone Easement LASW Files W 20 12400909 EDG-12113/2012 APPENDIX A Page 3 of 12 13. Privileges and Immunities. CITY acknowledges TAMUS is an agency of the S *f a nd be o s a ai Texs a nothing in this agreement will cnstrued a w ver or relinquishmentl TAMUS of its right to claim gxemp ions, Drivileoes, and immunities as m be provided bv laVA L al 14. Texas Law 12 A SpAl. This agreement is construed under and in accordance with laws of the State of Texas and is performable in Nueces County, Texas; however, by statut mandatory venue for all suits against TAMUS is to be in the county in which the principal offi of the chief executive officer is located. At execution of this agreement, such county is Br County, Texas. 16. He inps. Headings are for reference and will not be construed to limit or alter t1R meaning of the provisions of this agreement. 17. Parties Bound. This agreement is binding upon and inures to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors in interest or office, and assigns (but this Section does not constitute permission for an assignment). 18. Saving-Clause. Should any clause in this agreement be found invalid by a court of law, the remainder of this agreement will not be affected and all other provisions in this agreement remain valid and enforceable to the fullest extent permitted by law. 19. Assignment. This agreement is personal to CITY. CITY may not sell, assig encumber, or convey its interest in this agreement or the Easement without the prior writt'j! consent of TAMUS and anv itte or convei its interest V". i -,on,4 bi CITY to sell, assia, encumber i - If to TAMUS: The Texas A&M University System Office of General Counsel Attn: System Real Estate 301 T w Street, 6h Floor College Station, Texas 77840-7896 El Pmpoed by Office of Ganueal Counsel City of Corpus Christi suffm Zone EWMMt L%d Res No 201 2-0030904 EDG-12113/20U APPENDIX A Page 4 of 12 If to CITY: City of Corpus Christi, Texas Engineering Services Attn: Daniel BIles, P.E. P. 0. Box 9277 20. Entire _Agreement. This agreement constitutes the entire agreement between TAMUS and CITY with respect to the subject matter hereof and will not be explained, modified, or contradicted by any prior or contemporaneous negotiations, representations, or agreements, either virritten or oral. This agreement may only be amended by a subsequeni written instrument executed by both parties. By: Ll- -- JIMMIE; JO Ch 5 Pmpared by Offim of CwmW Couaml City of COW chdai Bu ff Zone Eaftmwt I Files W 2012-MO909 EDG-13+13120M APPENDIX A Page 5 of 12 COUNTY OF BRAZOS § CITT OF CO�'R'll-g-C-'--"-L%TL—TEXASTe-xa--;,-�- Rule municipal corporation By: DANIEL BILES, P.E. Director, Department of Engineering Services , a Notary Public in and for the State of Texas, T, Chancellor of the Texas A&M University GIVEN UN7 MY HAND AND SEAL 0�01FFICE this . A.D. 2012. Notary Public, State oVexas In Y j"p'-j;T dig DOC I'= Prepred by Office of Gawal Cauo City of Corpus Chrimi ffidFa Zwe Eawnmu L%W FlIn No. 2012-W3MM EDG42113r-012 APPENDIX A Page 6 of 12 STATE OF TEXAS § COUNTY OF BRAZOS § KRISANN L. EVERETT MY COMMISSION EXPIRES No Public, to of Texas AUGUST 11, 2013 APPENDIX A Page 7 of 12 STATE OF TEXAS § COUNTY OF NUECES BEFORE ME, the undersigned authority, a Notary Public in and for the State of Tex on this day personally appeared DANIEL BILES, P.E., Director, Department of Engineeril. Services for the City of Corpus Christi, known to me to be the person whose name is subscrib to the foregoing instrument and acknowledged to me that he executed it for the purposes consideration therein expressed, and in the capacity therein stated. I -,.C7IVEN UNDER MY HAND AND SEAL OF OFFICE this ;;� day of _,A.D. 2012. EUSMD QARZk M mycommms"ExMM eo; FftM14,03 • 9- 1 Of Tice AL D - �WV-- - F4 O blic, State • as R L----7 0117�- 7 Prepued by Office ot Gerieral Counsd City of Corpus Chdad Buffer Zone Emment Le;W Files No' 2012-0030909 EDG-UV13/2012 APPENDIX A Page 8 of 12 L,EGEND: - m W.R.N.C.T. MAP RECORDS, NUECES COUNTY ' TEXAS 0 O.R.N.C.T. OFFICIAL RECORDS, NUECES COUNTY, Tj- U.E. UTILITY EASEMENT El ELECTRICAL. EASEMENT PROPERTY LINE EASEMENT/BUILDING LINE Ll moo PROPOSED BUFFER ZONE EASEMENT BUFFER ZONE EASEMENT PER ORIGINAL GIFT DEED. DOC NO. 2008014064 ,,'5,EXHIBIT J-PARCEL 3 200 BUFFER ZONE BUFFER ZONE PER ORIGINAL GIFT DEED. DOC NO. 2008014064 TRACT 2 GENERAL NOTES. . SOURCE OF BEARING-NUECES COUNTY TEXAS, DEED RECORDS . EXHIBrF A. C, D, 1. J. K, L, M AND N ARE RECORDED IN DOCUMENT NO. 2008014064, OFFICIAL RECORDS, NUECES COUNTY, TEXAS. - - - - — - - - - - - LOT 9, SECTION 17 FLOUR BLUFF & ENCINAL 17 FARM 8 GARDEN TRACTS ('L A, Pas, 41-42 w M-R-N.C.T 15' U.E�-"��\ INSET 15* U.E. L16 EXHIBIT I DRAINAGE EASEMENT CAYO DEL OSO EXHIBIT J-PARCEL 3 & 00' BUFFER ZONE LOT 5 SECTION 17 TRACT 1 2, FLOUR BLUFF & ENICINAL FARM & GARDEN TRACTS vo VOL, A, PISS. 41-43 -XHIBIT C M R.N,C T 50' U.E. cl 15' U. E, 051", EXHIBIT A AWT L L10 0.47 ACRES lc- 10' U.E. TO EXHIBIT K-PARCEL 10 TRACT 4 150' BUFFER " DRIVE 30.14 ACRES ZONE EASEMENT Lll ROAD CLOSUR L15 E 0.86 ACRES AREA=339,913.96 SO. Fr. - - - - - - OC. NO. 7.80 AC - - - - - - - - 011021639 EXHIBIT L TEMPORARY ACCESS AND O.R.N.C.T. 15 E.E. CONSTRUCTION EASEMENT 2 EXHIBIT A ' DC. NO. 2012031073 41,58 ACRES 77, 150' BUFFER EASEMENT 3 UNNUMBERED 1-01. SECTION 1, FLOUR BLUFF & ENCINAL FARM 4 GARDEN TRACTS VOL kPOS 41.43 L14 EXHIBIT N 10' MAINTENANCE EXHIBIT M EXHIBIT D & SECURITY EASEMENT 25' ACCESS 15' U. E. LOT S. SECTION 17 EASEMENT FLOUR BLUFF & ENC4NAL VARM & GARDEN TRACTS EXHIBIT A SOUTH GUTH PARK V01- A, RGS, 169.4;; 95.07 ACRES BALL FIELDS 0IV CITY OF CORPUS CHRISTI, TX engineers I arehitOM Contractors A "—w""Wom— BUFFER EMSEMENT 11/9/12 SHEET 1 OF 2 SCALE: 1" =300' Page 9 of 12 to Page 10 of 12 foci; (AV's lfs� DGIHX3 n838 � 3NOZ 83jine ouv St).JNOO —7 -WAOV43N INYUL N IN'vid N WV133?J N31VM OW Xl"'11SINHO II: i. F w Arig Provision herein which restricts the S Rental or use of the described REAL PROPERTY because of Race: Color, Religiont Sexp Handicapp Familial Statusy or National Origin is invalid and unenforceable under FEDERAL LAWF 3/12/89. APPENDIX A Page 12 of 12 nNT7777MOM engineers I architects I contractors TBPE No. F-366 Phone: (361) 883-1984 Fax: (361) 883-1986 801 Navigation, Suite 300 Corpus Christi, Texas 78408 m M/ Oso Water Reclamation Plant f off Nutrient Removal Project (Ammonia) Lr4v O City Project No. E09007 LNV Project No. 101040.00 JACOBS TECHNICAL MEMORANDUM NO.9 Date: April 15, 2013 To: Dan Biles, P.E. - Director of Engineering From: Logan Burton, P.E. Subject: Oso WRP Phase 2 Cost /Benefit Evaluation Copies To: Bill Green, P.E., Foster Crowell, Joe Trejo, P.E. 1 Executive Summary ................................................................................................ ............................... 2 2 Introduction ........................................................................................................... ............................... 4 2.1 Purpose ........................................................................................................... ..............................4 2.2 Background Information ................................................................................. ..............................4 2.2.1 City of Corpus Christi Wastewater Treatment ....................................... ............................... 4 2.2.2 Oso Water Reclamation Plant (Oso WRP) .............................................. ............................... 5 2.2.3 Laguna Madre Wastewater Treatment Plant ( LMWWTP) ...................... ..............................6 2.2.4 Greenwood Wastewater Treatment Plant ( GWWTP) ............................ ............................... 6 2.3 Wastewater Department Business Plan ........................................................ ............................... 7 3 Evaluated Alternatives ............................................................................................ ..............................7 3.1 Oso WRP Phase 2 Improvements .................................................................. ............................... 7 3.2 Not Implementing Phase 2 Improvements .................................................... .............................10 4 Summary of Advantages /Disadvantages ............................................................... .............................11 5 Project Cost Estimates ........................................................................................... .............................12 5.1 Capital Construction & Project Costs ............................................................. .............................12 5.2 O &M Costs ..................................................................................................... .............................14 5.3 Other Costs .................................................................................................... .............................15 5.4 Total Present Value Costs .............................................................................. .............................16 6 Conclusion .............................................................................................................. .............................16 Executive Summary The City of Corpus Christi owns and operates six (6) wastewater treatment plants, which currently serve approximately 310,000 customers. This memorandum focuses on the Oso Water Reclamation Plant (WRP) and the Laguna Madre Wastewater Treatment Plant (WWTP), and will provide some related discussion on the Greenwood Wastewater Treatment Plant (GWWTP) as well. The Oso WRP is the largest of the six treatment plants in the City of Corpus Christi and is located at the corner of Ennis Joslin Road and Nile Drive, adjacent to the Texas A &M University- Corpus Christi Athletic Facility. The plant currently serves the large, growing service area on the City's Southside, which includes approximately 24,143 acres and over 50% of the City's population. All treatment plants in the State of Texas are required to operate under a Texas Pollution Discharge Elimination System ( TPDES) permit, which is authorized and monitored by the Texas Commission on Environmental Quality (TCEQ). The TCEQ has recently adopted more stringent restrictions on ammonia levels intended to protect sea grasses in the bay systems. On April 29, 2011, the TCEQ issued a renewal of the plant's TPDES permit which included new effluent ammonia limits on 30 -day average, 7 -day average and daily maximum of 4 mg /L, 6 mg /L and 10 mg /L, respectively, along with a milestone compliance date on or before October 29, 2013. To attain compliance by October 29, 2013, the City adopted a strategy of implementing near -term (Phase 1) and long -term (Phase 2) improvements at the Oso WRP. Phase 1 improvements are considered near -term improvements as a result of the increased O &M costs and added complexity to the operation of the plant. These improvements will not meet the cost /benefit requirements of a long -term solution. The Phase 2 facility upgrades are necessary for the plant to meet additional anticipated regulatory requirements, to provide additional treatment capacity to meet projected increased plant flows, to ensure continued plant reliability, and to replace the temporary Phase 1 improvements. The proposed Oso WRP Phase 2 work addresses the following mission elements: • Mission Element #2 —Treat Wastewater o Goal — Operate and upgrade wastewater treatment plant facilities to meet regulatory requirements. • Strategy 1 - Meet or exceed TCEQ & EPA regulated effluent quality limits • Strategy 3 - Implement effective plant asset management strategies • Mission Element #4 — Plan and develop expansion to the wastewater utility ■ Strategy 2 - Improvements and anticipated regulatory requirements for plant re- rating The goal of this study was to develop life -cycle cost estimates with as much confidence as possible given the state of the conceptual design. Life cycle costs represent the total cost incurred over the life span of a project, including design, construction, and operation and maintenance (O &M) costs. All cost estimates in this study are shown in 2013 dollars and are broken into multiple components such as Page 2 of 16 April 15, 2013 TM 9 —Oso WRP Phase 2 Cost /Benefit Evaluation capital construction, construction contingency, administrative items, engineering design, and O &M costs. Due to the additional permitting requirements anticipated in upcoming TPDES renewals, the growth in the Southside, and the age of the plant, there is not a realistic, viable "do nothing" option. As a result, this memo discusses the consequences of not moving forward with the Phase 2 improvements and describes the necessary projects that would be necessary in lieu thereof. The capital construction costs for Oso WRP Phase 2 Improvements, including decommissioning of the Laguna Madre WWTP, is $80,969,000 with a total project cost including administration estimated at $99,439,000. The total construction costs associated with not implementing Phase 2 are $105,030,000 with a total project cost including administration of $128,990,000 which includes Laguna Madre WWTP and Greenwood WWTP upgrades. The Wastewater Department has adopted a budget for the operation of Oso WRP for the current fiscal year (2012- 2013). This memorandum illustrates the estimated O &M costs for the "do nothing" approach, along with the O &M costs for the plant once the Phase 2 improvements are implemented. The improvements will result in a less complex, more efficient biological nutrient removal process along with more reliable treatment equipment. The chart below and table on the following page summarize the total present values of both alternatives and demonstrates how the Phase 2 Improvements will save the City approximately $106 million over the next 20 years. Figure 1m Present Value Cost Summary Page 3 of 16 April 15, 2013 TM 9 —Oso WRP Phase 2 Cost /Benefit Evaluation Table 1 -1m Present male Cost Summary ALTERNATIVE PROJECT O &M COSTS LIFECYCLE COSTS COSTS (Present Value) (20 Years) Phase 2 Improvements $99,439,000 $66,440,000 $165,879,000 Not Implementing Phase 2 $128,990,000 $143,160,000 $272,150,000 Improvements PRESENT VALUE SAVINGS 1 $29,551,000 1 $76,720,000 1 $106,271,000 The purpose of this memorandum was to provide background information of the Oso WRP Nutrient Removal (Ammonia) project, summarize its advantages and disadvantages, and show the economic financial impacts of implementing these improvements. If the recommendations identified in this memo are executed, the estimated savings to the City is $106 million over the next 20 years. Introduction 2. 1 Prr° e The purpose of this memorandum is to provide the background information on the drivers of the Oso WRP Nutrient Removal (Ammonia) project, as currently identified in the City's Capital Improvement Program, and to present the results of a cost /benefit evaluation of the project improvements. Ultimately, this memo intends to show the economic benefits of implementing these improvements. The basis for the cost evaluation will be the estimated capital and incremental operational and maintenance (O &M) costs associated with the project. The results of this memo will provide an understanding of the cost impacts and will aid the City in making an informed decision regarding the future direction of the plant. 2.2 Background Information 2.2.1 City of Corpus Christi Wastewater Treatment The City of Corpus Christi owns and operates six (6) wastewater treatment plants which currently serve approximately 310,000 customers. This memorandum focuses on two (2) of the six plants; Oso Water Reclamation Plant (WRP) and the Laguna Madre Wastewater Treatment Plant (WWTP) and will provide some related discussion on the Greenwood Wastewater Treatment Plant (GWWTP) as well. Additional information related to each of these plants is provided in subsections below. All treatment plants in the State of Texas are required to operate under a Texas Pollution Discharge Elimination System ( TPDES) permit which are authorized and monitored by the Texas Commission on Environmental Quality (TCEQ). TPDES permits describe the minimum water quality based effluent Page 4 of 16 April 15, 2013 TM 9 — Oso WRP Phase 2 Cost /Benefit Evaluation limitations and monitoring requirements which must be met to maintain permit compliance. TPDES permits are typically issued for five (5) year durations and must be renewed prior to expiration. Upon each permit renewal, the TCEQ and United States Environmental Protection Agency (USEPA) have the authority to include more stringent requirements in the permit. Over the past 10 years, these regulatory agencies have focused their attention on adopting nutrient (ammonia, nitrogen and phosphorus) limits, especially for those plants which discharge effluent into or near certain impaired waters. To date, the Greenwood WWTP, which discharges into Oso Creek, has the only permit containing an ammonia limit (3 mg /L) while the Oso WRP permit only requires that ammonia concentrations be monitored and reported on a weekly basis. 2.2.2 Oso Water Reclamation Plant Os P The Oso Water Reclamation Plant (Oso WRP) is the largest of the six treatment plants in the City of Corpus Christi and is located at the corner of Ennis Joslin Road and Nile Drive, adjacent to the TAMU -CC Athletic Facility. The plant currently serves the large and growing service area on the City's Southside which consists of approximately 24,143 acres and over 50% of the City's population. Refer to Exhibit 1 — Service Area Map for a graphical depiction of the service area. The Oso WRP discharges into Oso Bay (Cayo del Oso) which is on the USEPA's list of impaired water bodies and is currently operating under a 20 mg /L BOD5 and 20mg /L TSS permit. The plant is operated with a current allocation of 16 staff members and produces an effluent quality that is in compliance with TCEQ's Type II Reclaimed Water ( §210.32) regulations. The Oso WRP was originally constructed in 1941 and several expansion projects have occurred over the years. The most recent major upgrade to the Oso WRP was completed in 1982. The project consisted of converting the plant's activated sludge process to a contact stabilization process and upgrading the plant's treatment capacity to accommodate average daily flows (ADF) of 16.2 million gallons per day (MGD) and peak 2 -hour flows up to 98.0 MGD. The Oso WRP is currently configured as two parallel treatment trains; each rated at 8.1 MGD average daily flow. The Oso WRP currently treats about 11.3 MGD which represents approximately 70% of the plant's ADF design capacity and based on growth projections, this is expected to increase to approximately 15.2 MGD once the service area is completely developed. Per TCEQ regulations, design for increased capacity must be underway when flows reach 75% of design capacity. As mentioned above, the TCEQ has recently adopted more stringent restrictions on ammonia levels intended to protect sea grasses in the bay systems. On April 29, 2011, the TCEQ issued a renewal of the plant's TPDES permit which included new effluent ammonia limits on 30 -day average, 7 -day average and daily maximum of 4 mg /L, 6 mg /L and 10 mg /L, respectively, along with a milestone compliance date on or before October 29, 2013. Prior to this renewal, the Oso WRP permit had not contained an ammonia limitation. The purpose of the compliance schedule was to provide sufficient time for the City to design, construct, and commission the necessary improvements to meet this ammonia limit in the near -term. The existing contact stabilization configuration of the Oso WRP was designed to remove BOD efficiently, but is not well- suited for ammonia removal nor is it allowed by TCEQ to be used as a nitrifying process to remove ammonia. As a result, major facility upgrades at the Oso WRP are necessary to comply with this Page 5 of 16 April 15, 2013 TM 9 — Oso WRP Phase 2 Cost /Benefit Evaluation new ammonia limit. It should also be noted there are indications from the regulators that Total Nitrogen (TN) and Total Phosphorus (TP) limits are likely to be imposed upon the Oso WRP within the next several permit renewal cycles. To attain compliance by October 29, 2013, the City adopted a strategy of implementing near -term (Phase 1) and long -term (Phase 2) improvements at the Oso WRP. This strategy allows the City to implement cost effective improvements as a temporary means of meeting the new effluent ammonia requirements in the near -term while planning, designing, and implementing the permanent long -term Phase 2 facility improvements following completion of other on -going major capital projects such as the New Broadway WWTP. Phase 1 improvements included the temporary Breakpoint Chlorination Facility (BPC) and Step Feed modifications which are currently under construction and are scheduled for completion in September 2013. Phase 1 will achieve compliance with the ammonia limitations in the City's discharge permit within the mandated timeframe. However, as a result of the increased O &M costs and added complexity to the operation of the plant, these improvements will not meet the cost /benefit requirements of a long -term solution. The Phase 2 facility upgrades are necessary for the plant to meet additional anticipated regulatory requirements, provide additional treatment capacity to meet projected increased plant flows, to ensure continued plant reliability, and to replace the temporary Phase 1 improvements. Technical Memorandum No. 6 — Regulatory Compliance and Implementation Plan describes the major capital improvements necessary to meet the current and anticipated (future) effluent regulations. 2.2.3 Laguna n adr e Wastewater Treatment Pleat (LMWWTP) The Laguna Madre Wastewater Treatment Plant (LMWWTP) serves the entire Flour Bluff peninsula (approximately 7,335 acres) with the exception of the Naval Air Station. Refer to Exhibit 1— Service Area Map for a graphical depiction of the service area. It is one of the smaller plants operated by the City and is located on the east end of Jester Street, adjacent to the Philip Dimitt Municipal Fishing Pier. The LMWWTP has a current allocation of 8 staff, operates as an activated sludge process and discharges into the Laguna Madre. The plant is currently treating an ADF of 2.1 MGD and although it is permitted for 20 mg /L BOD5 and 20 mg /L TSS, it consistently achieves effluent quality of 3 mg /L and 5mg /L, respectively. This ADF flow represents approximately 70% of the plant's ADF design capacity and ADF flows are anticipated to peak out at approximately 7.5 MGD as the service area approaches full build -out. The plant was originally constructed in 1971 and was expanded to its current 3.0 MGD average daily and 9.0 MGD peak 2 -hour capacities in 1986. The LMWWTP produces an effluent quality that is in compliance with TCE(Xs Type II Reclaimed Water ( §210.32) regulations and 300,000 to 500,000 gallons are pumped to the Naval Air Station each day for irrigation of their golf course. 2.2.4 Greenwood Wastewater Treatment Plant (O T The Greenwood Wastewater Treatment Plant (GWWTP) is located at the intersection of Saratoga Boulevard and Greenwood Drive and serves approximately 6,000 acres on the City's Westside, including Page 6 of 16 April 15, 2013 TM 9 — Oso WRP Phase 2 Cost /Benefit Evaluation the International Airport. Refer to Exhibit 1 — Service Area Map for a graphical depiction of the service area. The plant was originally constructed in 1959 and was most recently expanded in 2000 to provide increased ADF capacity of 8.0 MGD. The plant is a conventional activated sludge process with anaerobic digestion. The GWWTP discharges effluent into Oso Creek and currently operates on the most stringent permit of all plants owned by the City. The plant is currently treating an ADF of 5.8 MGD and is permitted for 10 mg /L BOD5, 15 mg /L TSS, and 3 mg /L Ammonia. This ADF flow represents approximately 73% of the plant's ADF design capacity. .3 Wastewater Department Business I The Wastewater Department's Business Plan for FY 2012 -2013 was approved on August 1, 2012. The plan outlines the department's mission elements, goals, strategies, and individual tasks for the current fiscal year while also laying out a management framework for the next 3 to 5 years. When considering the viability of a potential project, it is imperative that the project scope and intent are aligned with the goals and strategies of the adopted business plan. The proposed Oso WRP Phase 2 work addresses the following mission elements: • Mission Element #2 —Treat Wastewater o Goal — Operate and upgrade wastewater treatment plant facilities to meet regulatory requirements. • Strategy 1— Meet or exceed TCEQ & EPA regulated effluent quality limits • Strategy 3 - Implement effective plant asset management strategies • Mission Element #4 — Plan and develop expansion to the wastewater utility ■ Strategy 2 — Improvements and anticipated regulatory requirements for plant re- rating The alternatives considered in this cost /benefit evaluation are described in detail below. 3.1 Oso WRP Phase 2 Improvements The team conducted a workshop with City staff to identify the goals and objectives of the Oso WRP Phase 2 improvements. These goals were based on the City's current operation experience and issues and considered the current regulatory climate with impending more stringent permitting implications. The goals and objectives are shown below: • Maintain regulatory compliance • Provide for biological ammonia and total nitrogen removal • Provide accommodations for implementing future phosphorus removal • Provide for Coliform and Enterococci removal and /or inactivation • Re -rate the average daily flow capacity to meet anticipated future flows Page 7 of 16 April 15, 2013 TM 9 —Oso WRP Phase 2 Cost /Benefit Evaluation • Maintain peak hour flow capacity of 98 MGD • Improve process automation and monitoring • Reduce process and maintenance costs • Reduce process odors • Provide operational and maintenance flexibility The Phase 2 improvements proposed to meet the goals and objectives described above are described in detail in TM -6 and consist of the following elements as shown in Figure 1: • Site Development & Yard Piping — additional cut /fill as needed for the final plant layout, paving, grading, access roadways, and drainage improvements. Includes site landscaping, on -site miscellaneous yard piping, interconnecting process piping, tie -ins to existing and proposed treatment facilities and coordination with Oso WRP's existing hydraulic profile • New Influent Pump Station —80 MGD capacity, depending upon the results of the evaluation to either eliminate Lift Station No. 1 or consolidate Lift Stations No. 1 and No. 2 into a single submersible style station with dual wet wells; the influent pump station will include a building, flow measurement, pump hoisting system, and automated controls • New Headworks — mechanical bar screens with associated washers /compactors for the screenings, vortex grit removal with grit pumps and classifiers, and flow splitting • New Odor Control System — odor control system to serve both the new influent pump station and headworks • New Process Train No. 3 Aeration Basin — approximately 3 MG volume, anoxic and aerobic (oxic) zones, provisions to biologically remove phosphorus in the future, anoxic zone submersible mixers, fine bubble diffused aeration system, internal basin mixed liquor return (MLR) pumps and piping, return activated sludge piping, upgrades to the process air system (blowers & piping), and flow splitter structure • New Process Train No. 4 Aeration Basin — approximately 3 MG volume, anoxic and aerobic (oxic) zones, provisions to biologically remove phosphorus in the future, anoxic zone submersible mixers, fine bubble diffused aeration system, MLR pumps and piping, return activated sludge piping, upgrades to the process air system (blowers & piping), and flow splitter structure • Reconfigure Existing Process Train No. 1 & No. 2 (East and West) Aeration Basins — install new baffle walls to create anoxic zones, submersible mixers, fine bubble diffused aeration, diffused air piping, upgrades to the process air system, mixed liquor return (MLR) pumps and piping, walkways /catwalks, and return activated sludge piping • Upgrade Disinfection System — new chlorine solution pumping system, baffles, mixing, chlorine contact chamber mechanical internals • Electrical System Upgrades — overall site electrical for new process facilities, instrumentation and controls, two new electrical control rooms (ECR), four (4) new standby electrical generators, relocation of two (2) existing generators, and area lighting • SCADA System — new plant -wide supervisory control and data acquisition (SCADA) system to monitor and control all new plant processes Page 8of16 April 15, 2013 TM 9 —Oso WRP Phase 2 Cost /Benefit Evaluation • Site and Civil Design — new yard piping to connect new process units, paving and grading, and landscape architectural elements • Maintenance Building — new facility with maintenance bays, shop, parts storage, storage, offices, restrooms, locker rooms, and training room • Condition Assessment of Existing Facilities — evaluate the condition, capacity, and treatment reliability of the existing facilities that will remain in service after the Phase 2 improvements are complete. Any additional design tasks associated with items identified in the condition assessment to be rehabilitated or replaced are not included in this scope and fee proposal, including the effluent outfall facilities, administration building, belt press building, digesters, and clarifiers. • Laguna Madre WWTP Decommissioning & Transfer Station — overall decommissioning and demolition of the entire treatment plant, 17.5 MGD lift station and force main to transfer wastewater flows from the LMWWTP service area to the Oso WRP, and effluent force main to transfer effluent from the Oso WRP back to the LMWWTP effluent line supplying the NASCC. THE LMWWTP IMPROVEMENTS ARE NOT CURRENTLY INCLUDED IN TM -6. Figure 2m Phase 2 Improvements Page 9 of 16 April 15, 2013 TM 9 —Oso WRP Phase 2 Cost /Benefit Evaluation A significant portion of the existing Oso plant and its associated treatment equipment is 30 to 60 years old and has exceeded its intended /useful service life. Although normal maintenance has kept the plant in operation, the condition of certain treatment equipment is at a high risk for potential failure and must be replaced. Any failures in the plant equipment or process can result in unauthorized discharges (upstream or downstream of the plant) which can potentially create a health /safety concern and are subject to enforcement action by the Texas Commission on Environmental Quality (TCEQ). This equipment must be budgeted for replacement or repair since they represent significant capital expenditures. These expenditures obviously impact the City's budget so the cost estimates for this option will include this rehabilitation /replacement work. Depending on the size /scope of the replacement project, some of the equipment and treatment unit replacement will be shown as a capital cost and some will be included in the operational and maintenance (O &M) budget for the plant. Based on proposed growth trends in the Oso WRP basin, the City will need to increase treatment capacity in the very near term at either Oso WRP or GWWTP. Both service areas share a common boundary. If Phase 2 upgrades are not implemented at Oso WRP, the City will have to begin construction on a Greenwood WWTP expansion project to increase its capacity by at least 4 MGD within the next 5 -10 years. This project will allow flows from the Oso service area to be diverted to the Greenwood plant which will provide sufficient capacity buffer in accordance with TCEQ's 75/90 rule. This also provides the secondary benefit of allowing the City to temporarily take a single train out of service for greatly needed aeration basin maintenance such as grit removal and air system rehabilitation. One last consideration is that the plant will be incapable of producing effluent in compliance with any future permits containing a limit on Total Nitrogen (TN). As described in TM -6, it is anticipated that TCEQ will include anew TN limit in the next 1 -2 renewals (2 — 7 years). Although very difficult to accurately predict, any enforcement action resulting from non - compliance will include significant monetary fines /penalties typically ranging from $1,000 to $10,000 per day per violation. Page 10 of 16 April 15, 2013 TM 9 — Oso WRP Phase 2 Cost /Benefit Evaluation Summary of Advantages/Disadvantages Phase 2 Improvements Not Implementing Phase 2 Improvements • Reduced nutrient transport into Oso Bay • Significant reduction in chemical costs • Significant reduction in electrical costs with higher efficiency air system • Typical staffing requirements • Provides redundant treatment trains for operations &maintenance flexibility • Increased AN capacity to 24 MGD • Delays need for GWWTP Expansion • Eliminated need for LMWWTP Upgrades • Less complex treatment process with less operational risk • Increased influent pumping capacity resulting in decreased SSOs. Standby pumps no longer needed. • Replaces vintage equipment exceeding design life • Improved automation and monitoring system • Improved odor control • Provides accommodations for implementing future Total Phosphorus removal • Improved neighbor to TAMU -CC Athletic complex & surrounding community with new facility • Reduces permitting risk for City by eliminating a treatment facility (LMWWTP) • Temporarily delays major capital costs at GWWTP & LMWWTP TM 9 —Oso WRP Phase 2 Cost /Benefit Evaluation • Significant capital investment required • Requires considerable coordination effort during construction with plant operations • Increased chemical costs • Complex treatment process with increased operational risks • Existing process not approved by TCEQ for nutrient removal • Potentially positions City "behind the curve" in regards to impending new permit requirements • Requires major facility upgrades at Greenwood WWTP which operates on most stringent permit • Provides no flexibility for maintaining aeration basins at Oso WRP • Inefficient air system with high energy costs • Continued high maintenance required on vintage equipment Page 11 of 16 April 15, 2013 Project Cost Estimates The goal of this study was to develop life -cycle cost estimates with as much confidence as possible given the state of the conceptual design. Life cycle costs represent the total cost incurred over the life span of a project, including design, construction, and operation and maintenance costs. All cost estimates in this study are shown in 2013 dollars and are broken into multiple components such as capital construction, construction contingency, administrative items, engineering design, and O &M costs. 2013 Dollars are the values as they are observed in the market at the time these estimates were prepared. Capital Construction Costs are the expenditures required to construct an infrastructure project. All capital construction costs are developed based on recent and historical data on wastewater construction projects in the region. Each construction sub -total includes a 30% construction contingency. The contingency is the amount added to a cost estimate to cover costs associated with unknowns, unforeseen circumstances, or unanticipated conditions which are impossible to evaluate due to the limited amount of information available at the time the estimate is prepared. Each construction estimate includes an allowance for administrative costs including engineering design, topographic survey, contract administration, in -house engineering services, construction inspection, testing, bonds and insurance, and miscellaneous printing. Operation and maintenance (O &M) costs are post- construction and begin at the end of the projects first year in service. O &M costs comprise all expenditures necessary to ensure continued operation and effectiveness of the facility and include normal maintenance or repairs, labor, electricity, chemicals, replacement of parts, and regular preventative maintenance. O &M costs are estimated on an annual basis over the design life of a project (20 years for this evaluation). In order to accurately quantify anticipated future costs, it is critical that all expenses be converted to their present value. Present value represents the amount of money, which, if invested in the current year, would be sufficient to cover all the costs over time associated with a project. The present value of a future cost is calculated using an assumed discount rate. The discount rate is the assumed interest rate used in calculating the present value of expected future costs and in this study is assumed to be 5 %. Inflation was estimated at 3% per year. Page 12 of 16 April 15, 2013 TM 9 — Oso WRP Phase 2 Cost /Benefit Evaluation Table 4-1: Construction Cost Summary Table Item Capital Project Cost Construction Cost (Includes Admin) East Plant Retrofit $5,585,000 $6,865,000 West Plant Retrofit $5,585,000 $6,865,000 New East Process Train No. 3 $11,245,000 $13,815,000 Aeration Basins $1,300,000 $1,600,000 New West Process Train No. $10,545,000 $12,955,000 4 Aeration Basins $980,000 $1,210,000 Influent Pump Station $9,910,000 $12,180,000 Headworks $9,734,000 $11,964,000 Maintenance Bldg $1,158,000 $1,428,000 Disinfection Sys. & Chlorine $1,300,000 $1,570,000 Basins Equip Replacement $9,910,000 $12,170,000 Digester Mech Equip $975,000 $1,175,000 Replacement $27,000,000 $33,160,000 LMWWTP Decommissioning $24,932,000 $30,622,000 & Transfer $105,030,000 $128,990,000 TOTAL $80,969,000 $99,439,000 The total construction costs associated with not implementing Phase 2 are $105,030,000 and have a total project cost of $128,990,000. Table 4-2 summarizes these costs. Table 4-2: Not Implementing Phase 2 Construction Cost Summary Table Item Capital Project Cost Construction Cost (includes Admin) Greenwood WWTP Expansion $41,600,000 $51,090,000 Disinfection Sys. Mod.& Chlorine Basin Mech Equip. $1,300,000 $1,600,000 Replacement Digester No 2,3 & 4 Mech $980,000 $1,210,000 Equip Replacement Aeration Basin Rehabilitation including grit removal & $14,530,000 $17,850,000 diffuser replacement Influent Lift Station $9,910,000 $12,170,000 Headworks $9,730,000 $11,950,000 Laguna Madre WWTP $27,000,000 $33,160,000 Upgrades (Req 10 Yrs) TOTAL $105,030,000 $128,990,000 Page 13m16 nwy - omwxpphu*zcost/oeoefitammatmo 5.2 O&M Casts The evaluation of C &M costs involves a number of assumptions as shown in Table 4 -3. Table 4 -3m Operation & Maintenance Cost Assumptions PARAMETER VALUE Labor Cost per employee per year (includes overhead) $65,000 Electrical Cost ($ /KWH) $0.08 Sodium Hypochlorite $/ al $0.60 Sodium Hydroxide ($ /gal) $0.20 Sodium Bisulfite ($ /gal) $3.84 Increased Maintenance /Repair Costs @ Oso on Vintage Equipment if not Replaced (as a % of Existing) 50% $150,000 Evaluation Period (Years) 20 Assumed Discount Rate 5% Assumed Inflation Rate 3% The Wastewater Department's adopted budget for the operation of Clso WRP for the current fiscal year (2012 -2013) is shown in column 2 of Table 4 -4. The budget must be increased approximately 30% this coming year (shown in column 3) as the Breakpoint Chlorination facility is placed in service. The BPC process is very complex and will require substantial monitoring while in service. It has been assumed that the City will need to add five (5) additional staff to monitor and operate the facility. The step feed pumps will be in operation 24/7 and will increase power usage at the plant. The BPC process involves removing all ammonia by the addition of chemical (sodium hypochlorite). As a result, the sodium hypochlorite usage will increase approximately 800% (approximately $1.9M per year). It was noted in previous memos that the BPC reaction occurs most efficiently within a desired pH range. This range will be controlled by dosing sodium hydroxide and is estimated to cost about $50,000 per year. The fourth column illustrates the estimated C &M costs for the plant once the Phase 2 improvements are implemented and are the result of a less complex, more efficient biological nutrient removal process along with more reliable treatment equipment. The Phase 2 improvements are expected to reduce C &M approximately $3.7 million per year which has a present value of $59.4 million. Page 14 of 16 April 15, 2013 TM 9 — Oso WRP Phase 2 Cost /Benefit Evaluation Table 4 -4m Oso WRP O&M Costs Summary Table 4 -5 shows the Wastewater Department's adopted budget for the Laguna Madre WWTP for the current fiscal year (2012 -2013) along with how the O &M costs are impacted once Phase 2 is implemented and the LMWWTP is decommissioned. Although the plant will no longer be in service, it is being replaced by a lift station planned for 7.5 MGD average and 17.5 MGD peak flows with 135HP pumps. Once the LMWWTP is decommissioned, the O &M will be reduced approximately $1.1 million per year which has a present value of $17.4 million. Table 4 -5m Laguna Madre WWTP O&M Costs Summary 2012-2013 PHASE 1 PHASE 2 REDUCED CURRENT BUDGET CURRENT IMPROVEMENTS IMPROVEMENTS O&M COMPONENT BUDGET ESTIMATED ' ESTIMATED COSTS ANNUAL ANNUAL COSTS ANNUAL COSTS (PHI to Electrical /Power COSTS $70,578 $104,422 PH2) Labor $995,000 $1,320,000 $995,000 $325,000 Electrical /Power $1,685,000 $1,770,000 $926,750 $843,250 Chemicals $700,000 $2,700,000 $450,000 $2,250,000 Maintenance & Repairs $300,000 $450,000 $150,000 $300,000 All Other Items $1,563,885 $1,563,885 $1,563,885 $0 TOTAL ANNUAL O &M COSTS $5,243,885 $7,803,885 $4,085,635 $3,718,250 Present Value of O &M (20 Years) $124,590,000 $65,230,000 $59,360,000 Table 4 -5 shows the Wastewater Department's adopted budget for the Laguna Madre WWTP for the current fiscal year (2012 -2013) along with how the O &M costs are impacted once Phase 2 is implemented and the LMWWTP is decommissioned. Although the plant will no longer be in service, it is being replaced by a lift station planned for 7.5 MGD average and 17.5 MGD peak flows with 135HP pumps. Once the LMWWTP is decommissioned, the O &M will be reduced approximately $1.1 million per year which has a present value of $17.4 million. Table 4 -5m Laguna Madre WWTP O&M Costs Summary 5.3 Other Costs It is understood that without the Phase 2 Improvements, the Oso WRP is incapable of meeting the TN requirement anticipated to be adopted by TCEQ in future permits. Although very difficult to accurately estimate the legal fees and regulatory fines associated with permit non - compliance, it is likely that TCEQ will levy heavy fines ranging from $1,000 to $10,000 per day per violation. Table 4 -6 represents a theoretical scenario of one violation per day at $3,000 per violation which represents an annual cost of $1.1 million (present value of $17.5 million). This cost component is not currently factored into the Page 15 of 16 April 15, 2013 TM 9 — Oso WRP Phase 2 Cost /Benefit Evaluation 2012 -2013 PHASE 2 COMPONENT CURRENT BUDGET IMPROVEMENTS REDUCED O &M' ANNUAL ESTIMATED COSTS COSTS ANNUAL COSTS Labor $422,000 $0 $422,000 Electrical /Power $175,000 $70,578 $104,422 Chemicals $117,000 $0 $117,000 Maintenance & Repairs $75,000 $5,000 $70,000 All Other Items $373,880 $0 $373,880 TOTAL ANNUAL O &M COSTS $1,162,880 $75,578 $1,087,302 Present Value of O &M {20 Years) $18,570,000 $1,210,000 $17,360,000 5.3 Other Costs It is understood that without the Phase 2 Improvements, the Oso WRP is incapable of meeting the TN requirement anticipated to be adopted by TCEQ in future permits. Although very difficult to accurately estimate the legal fees and regulatory fines associated with permit non - compliance, it is likely that TCEQ will levy heavy fines ranging from $1,000 to $10,000 per day per violation. Table 4 -6 represents a theoretical scenario of one violation per day at $3,000 per violation which represents an annual cost of $1.1 million (present value of $17.5 million). This cost component is not currently factored into the Page 15 of 16 April 15, 2013 TM 9 — Oso WRP Phase 2 Cost /Benefit Evaluation present value costs for either alternative but is provided to show the potential magnitude of fines for non - compliance. Table 4 -m Estimated elatry Fines Total Nelda Casts Table 4 -7 summarizes the total present values of both alternatives and shows that the Phase 2 Improvements save the City approximately $106 million over the next 20 years. Table 4 -7m Present Value Cost Summary ALTERNATIVE ESTIMATED COMPONENT ANNUAL COST Possible Regulatory Fines (20 Years) (Range from $1 -1 OK per day per $1,095,000 violation, Assume $3K/day) $165,879,000 Present Value (20 Years) $17,490,000 Total Nelda Casts Table 4 -7 summarizes the total present values of both alternatives and shows that the Phase 2 Improvements save the City approximately $106 million over the next 20 years. Table 4 -7m Present Value Cost Summary ALTERNATIVE PROJECT O &M COSTS LIPECYCLE COSTS COSTS' (Present Value) (20 Years) Phase 2 Improvements $99,439,000 $66,440,000 $165,879,000 Not Implementing Phase 2 Improvements $128,990,000 $143,160,000 $272,150,000 PRESENT VALUE SAVINGS $29!,551,000 $76,720,040 $106,271,000 The purpose of this memorandum was to provide background information of the Oso WRP Nutrient Removal (Ammonia) project, summarize its advantages and disadvantages, and show the economic financial impacts of implementing these improvements. Ultimately, with the impending additional permitting requirements in upcoming TPDES renewals, the growth in the Southside, and the age of the plant, there is not a realistic "do nothing" option. Major facility upgrades will be required involving significant capital investment. If the recommendations identified in this memo are executed, the estimated savings to the City is $106 million over the next 20 years. Page 16 of 16 April 15, 2013 TM 9 — Oso WRP Phase 2 Cost /Benefit Evaluation 044 00 ssW \ N 00 L6 Ll LLI s55 d LLI00 \ G 2 ry 0 o ca Q Llz jz > w N >— C W o �— , C d U `Z cO 044 00 ssW \ N 00 L6 Ll LLI s55 d LLI00 \ G 2 ry LNV In association with: Jacobs Engineering Group engineers architects I contractors Joshua Brown, P.E. ECT: Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements ECT NO: E09007 DATE: March 20, 2013 BY: JB &LB &JH 1 East Plant Retrofit 1 LS $ 5,585,000 $ 5,585,000 2 West Plant Retrofit 1 LS $ 5,585,000 $ 5,585,000 3 New East Process Train No. 3 1 LS $ 11,245,000 $ 11,245,000 4 New West Process Train No. 4 1 LS $ 10,545,000 $ 10,545,000 5 Influent Pump Station 1 LS $ 9,910,000 $ 9,910,000 6 Headworks 1 LS $ 9,734,000 $ 9,734,000 7 Maintenance Building 1 LS $ 1,158,000 $ 1,158,000 8 Disinfection System Modifications & Chlorine Contact Basin Mech Equip. Replacement 4 EA $ 325,000 $ 1,300,000 9 Digester No 2,3 & 4 Mech Equip Replacement 3 EA $ 325,000 $ 975,000 10 LMWWTP DecommissioninQ & Transfers 1 LS $ 24,932,000 $ 24,932,000 CONSTRUCTION SUB TOTAL (2013 $) $ 80,969,000 DESIGN - BASIC SERVICE 8.0% $ 6,478,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 1,620,000 TOPOGRAPHIC SURVEY 0.3% $ 243,000 CONTRACT ADMINISTRATION 3.0% $ 2,430,000 ENGINEERING SERVICES 3.5% $ 2,834,000 CONSTRUCTION INSPECTION 3.5% $ 2,834,000 TESTING 1.0% $ 810,000 BOND INSURANCE 1.0% $ 810,000 MISC. PRINTING, ETC 0.5% $ 405,000 ADMINISTRATIVE SUB TOTAL $ 18,470,000 CONSTRUCTION TOTAL (2016 $) Note 1 $88,478, PROJECT TOTAL (2016 $)Note 1 $106,948,000 NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. 2. Items not included in the estimate are any structures or equipment identified during the condition assessment as requiring upgrades, rehabilitation, or replacement including but not limited to the outfall facilities, administration building, belt press building, digesters, clarifiers and /or yard piping. APPENDIX A Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements Preliminary Estimate of Probable Cost LNV Project No. 100140 Page 1 of 10 CONSTRUCTION SUB TOTAL (2013 $) $ 5,585,000 DESIGN - BASIC SERVICE 8.0% $ 447,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 112,000 TOPOGRAPHIC SURVEY 0.3% $ 17,000 CONTRACT ADMINISTRATION 3.0% $ 168,000 ENGINEERING SERVICES 3.5% $ 196,000 CONSTRUCTION INSPECTION 3.5% $ 196,000 TESTING 1.0% $ 56,000 BOND INSURANCE 1.0% $ 56,000 MISC. PRINTING, ETC 0.5% $ 28,000 ADMINISTRATIVE SUB TOTAL $ 1,280,000 NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. APPENDIX A Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements Preliminary Estimate of Probable Cost LNV Project No. 100140 Page 2 of 10 CONSTRUCTION SUB TOTAL (2013 $) $ 5,585,000 DESIGN - BASIC SERVICE 8.0% $ 447,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 112,000 TOPOGRAPHIC SURVEY 0.3% $ 17,000 CONTRACT ADMINISTRATION 3.0% $ 168,000 ENGINEERING SERVICES 3.5% $ 196,000 CONSTRUCTION INSPECTION 3.5% $ 196,000 TESTING 1.0% $ 56,000 BOND INSURANCE 1.0% $ 56,000 MISC. PRINTING, ETC 0.5% $ 28,000 ADMINISTRATIVE SUB TOTAL $ 1,280,000 NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. APPENDIX A Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements Preliminary Estimate of Probable Cost LNV Project No. 100140 Page 3 of 10 LNV In association with: Jacobs Engineering Group engineers I architects I contractors Joshua Brown, P.E. PROJECT: Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements PROJECT NO: E09007 DESCRIPTION: Proposed East Aeration Basin (Train 3) DATE: March 20, 2013 BY: WLB & BHE & JH PRELIMINARY ESTIMATE OF PROBABLE CONSTRUCTION COST 1 Mobilization 1 LS $ 420,000 $ 420,000 2 Utility relocation 1 LS $ 200,000 $ 200,000 3 New splitter box with gates 1 LS $ 350,000 $ 350,000 4 Isolation Structures (Clarifier & RAS) 2 EA $ 100,000 $ 200,000 5 Excavation/ fill/ disposal 20000 CY $ 30 $ 600,000 6 Dewatering 1 LS $ 250,000 $ 250,000 7 New aeration basin concrete structure 1 LS $ 1,600,000 $ 1,600,000 8 Yard &Air piping modifications 1 LS $ 1,100,000 $ 1,100,000 9 Mixers, MLR pump, WAS pump 1 LS $ 700,000 $ 700,000 10 Diffusers 1 LS $ 525,000 $ 525,000 11 Air piping (automated valves) 1 LS $ 450,000 $ 450,000 12 Blower Upgrades & Replacement 1 LS $ 750,000 $ 750,000 13 Walkways, Safety Rails 1 LS $ 250,000 $ 250,000 14 Electrical and Instrumentation 1 LS $ 1,250,000 $ 1,250,000 CONSTRUCTION SUB TOTAL (2013 $) $ 11,245,000 DESIGN - BASIC SERVICE 8.0% $ 900,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 225,000 TOPOGRAPHIC SURVEY 0.3% $ 34,000 CONTRACT ADMINISTRATION 3.0% $ 338,000 ENGINEERING SERVICES 3.5% $ 394,000 CONSTRUCTION INSPECTION 3.5% $ 394,000 TESTING 1.0% $ 113,000 BOND INSURANCE 1.0% $ 113,000 MISC. PRINTING, ETC 0.5% $ 57,000 ADMINISTRATIVE SUB TOTAL $ 2,570,000 "" ,. " " " " "" --------- NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. APPENDIX A Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements Preliminary Estimate of Probable Cost LNV Project No. 100140 Page 4 of 10 LNVIn association with Jacobs Engineering Group engineers I architects I contractors Joshua Brown, P.E. PROJECT: Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements PROJECT NO E09007 DESCRIPTION: Proposed West Aeration Basin (Train 4) DATE: March 20, 2013 BY WLB & BHE & JH PRELIMINARY ESTIMATE OF PROBABLE CONSTRUCTION COST 1 Mobilization 1 LS $ 330,000 $ 330,000 2 Utility relocation 1 LS $ 200,000 $ 200,000 3 Isolation Structures (Clarifier & RAS) 2 EA $ 100,000 $ 200,000 4 Excavation/ fill /disposal 20000 CY $ 30 $ 600,000 5 Dewaterin 1 LS $ 250,000 $ 250,000 6 New aeration basin concrete structure 1 LS $ 1,600,000 $ 1,600,000 7 Yard & Air piping modifications 1 LS $ 900,000 $ 900,000 8 Mixers, MLR pump, WAS pump 1 LS $ 700,000 $ 700,000 9 Diffusers 1 LS $ 525,000 $ 525,000 10 Air piping (automated valves 1 LS $ 450,000 $ 450,000 11 Blower Upgrades & Replacement 1 LS $ 750,000 $ 750,000 12 Walkways & Safety Rails 1 LS $ 250,000 $ 250,000 14 lElectrical and Instrumentation 1 LS $ 1,350,000 $ 1,350,000 CONSTRUCTION SUB TOTAL (2013 $) $ 10,545,000 DESIGN - BASIC SERVICE 8.0% $ 844,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 211,000 TOPOGRAPHIC SURVEY 0.3% $ 32,000 CONTRACT ADMINISTRATION 3.0% $ 317,000 ENGINEERING SERVICES 3.5% $ 370,000 CONSTRUCTION INSPECTION 3.5% $ 370,000 TESTING 1.0% $ 106,000 BOND INSURANCE 1.0% $ 106,000 MISC. PRINTING, ETC 0.5% $ 53,000 ADMINISTRATIVE SUB TOTAL $ 2,410,000 NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. APPENDIX A Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements Preliminary Estimate of Probable Cost LNV Project No. 100140 Page 5 of 10 LNV In association with: Jacobs Engineering Group engineers I architects l contractors Joshua Brown, P.E. PROJECT: Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements PROJECT NO: E09007 DESCRIPTION: Proposed Influent Lift Station DATE: March 20, 2013 BY: WLB & BHE & JH PRELIMINARY ESTIMATE OF PROBABLE CONSTRUCTION COST 1 Mobilization 1 LS $ 370,000 $ 370,000 2 Utility Relocation Allowance 1 LS $ 300,000 $ 300,000 3 Excavation 1 LS $ 500,000 $ 500,000 4 Dewatering 1 LS $ 150,000 $ 150,000 5 New 60" Inlet Piping 500 LF $ 1,000 $ 500,000 6 Lift Station Dual Wet Well 1 LS $ 750,000 $ 750,000 7 Submersible Influent Pumps 8 EA $ 150,000 $ 1,200,000 8 Lift Station Building 1500 SF $ 300 $ 450,000 9 Yard piping & Fittings 1 LS $ 500,000 $ 500,000 10 Flow Metering 1 EA $ 200,000 $ 200,000 11 Pump Hoist & Lifting System 1 LS $ 150,000 $ 150,000 12 Demolition & Decommissioning of LS1 & LS2 1 LS $ 150,000 $ 150,000 13 Electrical, Instrumentation & Programming 1 LS $ 2,400,000 $ 2,400,000 CONSTRUCTION SUB TOTAL (2013 $) $ 9,910,000 DESIGN - BASIC SERVICE 8.0% $ 793,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 199,000 TOPOGRAPHIC SURVEY 0.3% $ 30,000 CONTRACT ADMINISTRATION 3.0% $ 298,000 ENGINEERING SERVICES 3.5% $ 347,000 CONSTRUCTION INSPECTION 3.5% $ 347,000 TESTING 1.0% $ 100,000 BOND INSURANCE 1.0% $ 100,000 MISC. PRINTING, ETC 0.5% $ 50,000 ADMINISTRATIVE SUB TOTAL $ 2,270,000 NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. APPENDIX A Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements Preliminary Estimate of Probable Cost LNV Project No. 100140 Page 6 of 10 LNV In association with: Jacobs Engineering Group engineers I architects l contractors Joshua Brown, P.E. PROJECT: Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements PROJECT NO: E09007 DESCRIPTION: Proposed Headworks Structure DATE: March 20, 2013 BY: WLB & BHE & JH PRELIMINARY ESTIMATE OF PROBABLE CONSTRUCTION COST 1 Mobilization 1 LS $ 360,000 $ 360,000 2 Sludge removal and disposal 1 LS $ 150,000 $ 150,000 3 Demolition (Removal of buried post thickeners and Existing Headworks facility) 1 LS $ 350,000 $ 350,000 4 Pier Foundation - (54) 36" dia piers @ 50' Depth) 2700 VF $ 120 $ 324,000 5 Utility Relocation 1 LS $ 100,000 $ 100,000 6 Excavation 1 LS $ 50,000 $ 50,000 7 Modifications to Existing Lift Station Force Mains 500 LF $ 500 $ 250,000 8 Bar Screen Channel Concrete Structure 1 LS $ 500,000 $ 500,000 9 Grit Basin Concrete Structure 1 LS $ 750,000 $ 750,000 10 Bar screens, Compactors, Gates 1 LS $ 1,500,000 $ 1,500,000 11 Vortex Grit Equipment 4 EA $ 400,000 $ 1,600,000 12 Miscellaneous Piping 1 LS $ 300,000 $ 300,000 13 lElectrical and Instrumentation 1 LS $ 500,000 $ 500,000 14 10dor Control FacilitX Im rovements 1 LS $ 750,000 $ 750,000 CONSTRUCTION SUB TOTAL (2013 $) $ 9,734,000 DESIGN - BASIC SERVICE 8.0% $ 779,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 195,000 TOPOGRAPHIC SURVEY 0.3% $ 30,000 CONTRACT ADMINISTRATION 3.0% $ 293,000 ENGINEERING SERVICES 3.5% $ 341,000 CONSTRUCTION INSPECTION 3.5% $ 341,000 TESTING 1.0% $ 98,000 BOND INSURANCE 1.0% $ 98,000 MISC. PRINTING, ETC 0.5% $ 49,000 ADMINISTRATIVE SUB TOTAL $ 2,230,000 NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. APPENDIX A Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements Preliminary Estimate of Probable Cost LNV Project No. 100140 Page 7 of 10 LNV In association with: Jacobs Engineering Group engineers I architects l contractors Joshua Brown, P.E. ROJECT: Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements ROJECT NO: E09007 ESCRIPTION: Maintenance Building DATE: March 20, 2013 BY: WLB & BHE & JH 1 Mobilization 1 LS $ 43,000 $ 43,000 2 Site Clearing & Preparation 1 LS $ 20,000 $ 20,000 3 Metal Building & Foundation (3000 SF) 3000 SF $ 200 $ 600,000 4 Utility Relocation 1 LS $ 25,000 $ 25,000 5 Plumbing & HVAC 1 LS $ 150,000 $ 150,000 6 Electrical Improvements 1 LS $ 50,000 $ 50,000 11 CONSTRUCTION SUB TOTAL (2013 $) $ 1,158,000 11 DESIGN - BASIC SERVICE 8.0% $ 93,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 24,000 TOPOGRAPHIC SURVEY 0.3% $ 4,000 CONTRACT ADMINISTRATION 3.0% $ 35,000 ENGINEERING SERVICES 3.5% $ 41,000 CONSTRUCTION INSPECTION 3.5% $ 41,000 TESTING 1.0% $ 12,000 BOND INSURANCE 1.0% $ 12,000 MISC. (PRINTING, ETC) (0.5 %) $ 6,000 11 ADMINISTRATIVE SUB TOTAL $ 270,0001 NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. APPENDIX A Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements Preliminary Estimate of Probable Cost LNV Project No. 100140 Page 8 of 10 LNV engineers I architects j contractors PROJECT: Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements ,PROJECT NO E09001 DESCRIPTION: Laguna Madre WWTP Decommissiong, Transfer Lift Station & Wastewater /Effluent Force Mains DATE: March 20, 2013 BY WLB PRELIMINARY ESTIMATE OF PROBABLE CONSTRUCTION COST 1 Mobilization 1 LS $ 920,000 $ 920,000 2 Utility Relocation Allowance 1 LS $ 300,000 $ 300,000 3 Excavation for Wet Well 1 LS $ 35,000 $ 35,000 4 Dewatering for Wet Well 1 LS $ 40,000 $ 40,000 5 New 36" Inlet Piping 100 LF $ 350 $ 35,000 6 Dual Concrete Wet Well 1 LS $ 150,000 $ 150,000 7 135 HP Submersible Influent Pumps 6 EA $ 80,000 $ 480,000 8 Lift Station Building 1000 SF $ 300 $ 300,000 9 LS Yard piping Modifications 1 LS $ 50,000 $ 50,000 10 Flow Metering 1 EA $ 125,000 $ 125,000 11 Pump Hoist & Lifting System 1 LS $ 125,000 $ 125,000 12 Demolition & Decommissioning of LMWWTP 1 LS $ 750,000 $ 750,000 13 Electrical, Instrumentation & Programming 1 LS $ 1,000,000 $ 1,000,000 14 Dual 20 -in Wastewater Force Main to Oso WRP 29300 LF $ 250 $ 7,325,000 15 Dual 20 -in Wastewater FM Installed across Oso Bay via HDD 4750 LF $ 490 $ 2,327,500 16 Dual 20 -in Wastewater FM across Shoreline Bridge 1700 LF $ 300 $ 510,000 17 12 -in Effluent Force Main to LMWWTP 29300 LF $ 85 $ 2,490,500 18 HDD Effluent FM installed across Oso Bay via 4750 LF $ 170 $ 807,500 19 12 -in Effluent FM across Shoreline Bridge 1700 LF $ 100 $ 170,000 21 Dewatering by Well Pointing for both FMs 29300 LF $ 25 $ 732,500 22 HMACP Pavement Repair (3300 LF) 2567 SY $ 60 $ 154,000 23 JAir Release Valve Manholes & Assembly 20 EA $ 9,000 $ 180,000 24 JGate Valves @ 4000' Spacing 30 EA $ 5,500 $ 165,000 CONSTRUCTION SUB TOTAL (2013 $) $ 24,932,000 DESIGN - BASIC SERVICE 8.0% $ 1,995,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 499,000 TOPOGRAPHIC SURVEY 0.3% $ 75,000 CONTRACT ADMINISTRATION 3.0% $ 748,000 ENGINEERING SERVICES 3.5% $ 873,000 CONSTRUCTION INSPECTION 3.5% $ 873,000 TESTING 1.0% $ 250,000 BOND INSURANCE 1.0% $ 250,000 MISC. PRINTING, ETC 0.5% $ 125,000 ADMINISTRATIVE SUB TOTAL $ 5,690,000 r NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. APPENDIXA Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements Preliminary Estimate of Probable Cost LNV Project No. 100140 Page 9 of 10 LNV engineers architects I contractors ROJECT: Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements ROJECT NO E09007 ESCRIPTION: Not Implementing Phase 2 Improvements DATE: March 20, 2013 BY WLB 1 Greenwood WWTP Expansion to 12 MGD 1 LS $ 32,000,000 $ 32,000,000 TOPOGRAPHIC SURVEY 0.3% (Required in 5 -10 Yrs - Programmed in CIP) 316,000 CONTRACT ADMINISTRATION 3.0% $ 3,151,000 2 Disinfection System Modifications & Chlorine 4 EA $ 250,000 $ 1,000,000 TESTING 1.0% Contact Basin Mech Equip. Replacement 1,051,000 BOND INSURANCE 1.0% $ 1,051,000 3 Digester No 2,3 & 4 Mech Equip Replacement 3 EA $ 250,000 $ 750,000 4 East & West Plant Aeration Basin Rehabilitation 1 EA $ 11,170,000 $ 11,170,000 including grit removal & diffuser replacement 5 Influent Lift Station 1 LS $ 7,620,000 $ 7,620,000 6 IHeadworks 1 LS $ 71484,000 $ 7,484,000 7 Laguna Madre WWTP Upgrades I(Reauired 1 LS $ 20,765,000 $ 20,765,000 in ±10vrs - Proarammed in CIP) II CONSTRUCTION SUB TOTAL (2013 $) $ 105.030.000 II DESIGN - BASIC SERVICE 8.0% $ 8,403,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 2,101,000 TOPOGRAPHIC SURVEY 0.3% $ 316,000 CONTRACT ADMINISTRATION 3.0% $ 3,151,000 ENGINEERING SERVICES 3.5% $ 3,677,000 CONSTRUCTION INSPECTION 3.5% $ 3,677,000 TESTING 1.0% $ 1,051,000 BOND INSURANCE 1.0% $ 1,051,000 MISC. PRINTING, ETC 0.5% $ 526,000 ADMINISTRATIVE SUB TOTAL $ 23.960.000 NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. APPENDIX A Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements Preliminary Estimate of Probable Cost LNV Project No. 100140 Page 10 of 10 Cyr PH v AGENDA MEMORANDUM �aRPOa E Future Item for the City Council Meeting of May 28, 2013 1852 Action Item for the City Council Meeting of June 11, 2013 DATE: May 13, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services DanB @cctexas.com (361) 826 -3729 Foster Crowell, Director of Wastewater Services FosterC @cctexas.com (361) 826 -1801 Valerie H. Gray, P.E. Director of Storm Water and Streets Operations ValerieG @cctexas.com (361) 826 -1875 Engineering Design Contract Wastewater Service Line Repair and Clean -out Installation and Manhole Ring and Cover Adjustment Program FY 2013 CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Engineering & Construction Management Services, LLC, of Corpus Christi, Texas in the amount of $83,500.00, for the Wastewater Service Line Repair and Clean -out Installation and Manhole Ring and Cover Adjustment Program FY 2013. PURPOSE: The purpose of this Agenda Item is to execute the Contract for Professional Services with Engineering & Construction Management Services for the Wastewater Service Line Repair and Clean -out Installation and Manhole Ring and Cover Adjustment Program FY 2013. BACKGROUND AND FINDINGS: Under this proposed A/E contract, Engineering & Construction Management Services, LLC (ECMS) will provide construction management services including the preparation of the plans, specifications, and bid package, coordination with the Contractor, Engineering Services and Operating Department, field inspection of the work in progress, coordination with testing laboratory, planning /coordination of the next work orders and documentations of all work done and approved. ECMS is recommended to provide these services based upon their expertise and past construction management of similar work. ECMS has provided similar services since the original contract in FY 2011. The associated ID /IQ Construction Contract is for the locating and the excavation of existing service lines; replacing approximately 2800 linear feet of wastewater service lines from the clean -out to the bend and from the bend to City main; 150 Sanitary Sewer and 100 Storm Water Manholes Ring and Cover Adjustments throughout the City under multiple work authorizations. The work period will be 365 calendar days with the option to extend the contract an additional year. This is the second year renewal and the scope of work is the same as for the initial, bid /award year. ALTERNATIVES: 1. Execute the Contract for Professional Services with Engineering & Construction Management Services, LLC as proposed. 2. Do not execute the Contract for Professional Services with Engineering & Construction Management Services, LLC as proposed. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to statues regarding FY 2012 -2013 Wastewater and Storm Water Operating Budget EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Wastewater Department Storm Water Department FINANCIAL IMPACT: ® Operating Revenue ❑Capital of applicable Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $711,863.00 $711,863.00 Encumbered / Expended Amount $545,218.00 $545,218.00 This Item $83,500.00 $83,500.00 Future Anticipated Expenditures This Project $83,145.00 $83,145.00 BALANCE $0.00 $0.00 Fund(s): Wastewater and Storm Water Operating Comments: The Contract for Professional Services will result in the expenditure of an amount not to exceed $83,500.00. The fund source of this A/E contract will be contributed by both the Waste Water Department and Storm Water Department. RECOMMENDATION: City Staff recommends the contract be awarded to Engineering Construction Management Services, LLC of Corpus Christi, Texas, in the amount of $83,500.00. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract PROJECT BUDGET Wastewater Service Line Repair and Clean Out Installation and Manhole Ring and Cover Adjustment FUNDS AVAILABLE: Wastewater Operating $636,863.00 Storm Water Operating $75,000.00 Total $711,863.00 FUNDS REQUIRED: Construction (RCM Constructors, Inc.) 545,218.00 Contingencies (10 %)... 54,521.00 Engineer Fees: Engineer (Engineering & Construction Management Services, LLC) 83,500.00 Reimbursements: Contract Administration (Contract Preparatio n/Awa rd/Ad min) 8,178.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 16,357.00 Finance 2,726.00 Misc 1,363.00 TOTAL............................................................................. ............................... $711,863.00 PROJECT BUDGET BALANCE ............................................ ............................... $0.00 exhE13048. VANN LOCATION MAP NOT TO SCALE PROJECT # E13048 WASTEWATER SERVICE LINE REPAIR AND CITY COUNCIL EXHIBIT CLEAN -OUT INSTALLATION AND CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES MANHOLE RING AND COVER ADJUSTMENT PAGE: 1 of 1 PROGRAM - FY 2013 W 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 Engineering & Construction Management Services, LLC, a Texas corporation, 5001 Oakmont Drive, Corpus Christi, Nueces County, Texas 78413, (Architect/Engineer —A/E), hereby agree as follows.. 1. SCOPE OF PROJECT Wastewater Service Line Repair and Clean -out Installation and Manhole Ring and Cover Adjustment Program FY 2013 (Project No. E13048) — The ID /IQ Construction Contract is for the locating and the excavation of existing service lines; replacing approximately 2800 linear feet of wastewater service lines from the clean -out to the bend and from the bend to City main; 150 Sanitary Sewer and 100 Storm Water Manholes Ring and Cover Adjustments throughout the City under multiple work authorizations. The work period will be 365 calendar days with the option to extend the contract an additional year. This is the second year renewal and the scope of work is the same as for the initial, bid /award year. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to provide construction management services for a one -year renewal (second renewal) of an existing construction contract for which this AE prepared the plans, specifications, and bid package. 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 "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 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 Contract for Engineering (A /E) Services Pagel of 4 K: \ENGINEERING DATAEXCHANGE \JENNIFER \WASTEWATER \E13048 WW SRVC LINE REAPIR & CO INSTALLATION & MANHOLE RING & COVER \CONTRACT ECMS \CONTRACT.DOC 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. 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 $83,500.00, (Eighty -Three Thousand Five 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 4 K: \ENGINEERING DATAEXCHANGE \JENNIFER \WASTEWATER \E13048 WW SRVC LINE REAPIR & CO INSTALLATION & MANHOLE RING & COVER \CONTRACT ECMS \CONTRACT.DOC 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. Contract for Engineering (A /E) Services Page 3 of 4 K: \ENGINEERING DATAEXCHANGE \JENNIFER \WASTEWATER \E13048 WW SRVC LINE REAPIR & CO INSTALLATION & MANHOLE RING & COVER \CONTRACT ECMS \CONTRACT.DOC Oscar R. Martinez, Date Assistant City Manager 133 Office of Management Date and Budget ralki • • r• Encumbrance No. Contract for Engineering (AIE) Services Page 4 of 4 MENGINEERING DATAEXCHANGEWENNIFER4WASTEWATER1E13048 WW SRVC LINE REAPIR & CO INSTALLATION & MANHOLE RING & COVEMCONTRACT ECMSICONTRACT.DOC Fund Source No. 530235-4200-33400-E 1 304-8i - a•- _ 530000-4300-3201 O-El 3r rr Encumbrance No. Contract for Engineering (AIE) Services Page 4 of 4 MENGINEERING DATAEXCHANGEWENNIFER4WASTEWATER1E13048 WW SRVC LINE REAPIR & CO INSTALLATION & MANHOLE RING & COVEMCONTRACT ECMSICONTRACT.DOC EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS WASTEWATER SERVICE LINE REPAIR AND CLEAN -OUT INSTALLATION AND MANHOLE RING AND COVER ADJSUTMENT PROGRAM FY 2013 Project No. E13048 I. SCOPE OF SERVICES A. Basic Services. Preliminary Phase. The Arch itect/Eng i neer-A/E will: a. Prepare the necessary correspondence for the signature of the Director of Engineering Services leading towards the renewal (second renewal) of the existing construction contract. b. Assist City staff in the negotiations for increase or decrease in contract amount as may be indicated by the ENR, Engineering News Record. c. Conduct and /or attend and participate in meetings with the Contractor and City staff required towards the renewal and award of the existing 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 EXHIBIT "A" Page 1 of 5 KAEngineering Data Exchange \JENNIFER \WASTEWATER \E13048 WW SRVC LINE REAPIR & CO INSTALLATION & MANHOLE RING & COVER \CONTRACT ecros \Exhibit A.doc 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. 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. 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 will, with written authorization by the Director of Engineering Services, do the following: 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: EXHIBIT "A" Page 2 of 5 KAEngineering Data Exchange \JENNIFER \WASTEWATER \E13048 WW SRVC LINE REAPIR & CO INSTALLATION & MANHOLE RING & COVER \CONTRACT ecros \Exhibit A.doc 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 approval required to be made; and advise City and A/E 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, A /E'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 A/E 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 A/E 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. EXHIBIT "A" Page 3 of 5 KAEngineering Data Exchange \JENNIFER \WASTEWATER \E13048 WW SRVC LINE REAPIR & CO INSTALLATION & MANHOLE RING & COVER \CONTRACT ecros \Exhibit A.doc 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 A /E, 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. 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. 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. Provide the services above authorized in addition to those items shown on Exhibit "A -1" Task List, which provides supplemental description to Exhibit "A ". ote: The Exhibit "A -1" Task List does not supersede Exhibit "A ". II. SCHEDULE Day Date Activity Interim G ihmi44�1 kid V Dre_Cinel G ihmittel \A. /erinecrlev Cinel S i m hittal MGRday m ay Ad—vertise fer Dirk 1' Pre-80d 2_enferenne Deneive Bids Tuesday June 11, 2013 Contract Award Wednesday June 26, 2013 Begin Construction Thursday June 26, 2014 Complete Construction 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 -2 above, and for all expenses incurred in performing these services. The fee forthis 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 EXHIBIT "A" Page 4 of 5 KAEngineering Data Exchange \JENNIFER \WASTEWATER \E13048 WW SRVC LINE REAPIR & CO INSTALLATION & MANHOLE RING & COVER \CONTRACT ecros \Exhibit A.doc Section I.A.1 -2, A/E will submit monthly statements for basic services rendered. In Section I.A.1, 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.2, 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. 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 Basic Services Fees 1. Preliminary Phase $1,000 _. Des+g ; P ;ase 4. Construction Phase (22x12x1.5x$75) $29,700 Subtotal Basic Services Fees $30,700 Additional Services Fees (Allowance) 1. Permit Pfepafa#GR 7 R&.A.1 /\nlv6106409R 961FVe!i 4. EAv��e.ptal- I -ssees 5. Construction Observation Services(12x22x4x$50) $52,800 6. Stapp up cor„inoc 7. Warranty Phase Included above Sub -Total Additional Services Fees Authorized $52,800 Total Authorized Fee $83,500 EXHIBIT "A" Page 5 of 5 KAEngineering Data Exchange \JENNIFER \WASTEWATER \E13048 WW SRVC LINE REAPIR & CO INSTALLATION & MANHOLE RING & COVER \CONTRACT ecros \Exhibit A.doc EXHIBIT "A -1" TASK LIST CITY OF CORPUS CHRISTI, TEXAS (Provides supplemental description to Exhibit "A ". Exhibit "A -1" Task List does not supersede Exhibit "A. ") WASTEWATER SERVICE LINE REPAIR AND CLEAN -OUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY 2013 Project No. E13048 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 City to 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. EXHIBIT "A -1" Page 1 of 1 K: \Engineering Data Exchange \JENNIFER \WASTEWATER \E13048 WW SRVC LINE REAPIR & CO INSTALLATION & MANHOLE RING & COVER \CONTRACT ecros \Exhibit A -1.doc 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 AUTOMOBILE LIABILITY to included 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 WORKERS' COMPENSATION EMPLOYERS' LIABILITY KAEngineering Data Exchange \JENNIFER \FORMS \Exhibit B for Large.docx $1,000,000 COMBINED SINGLE LIMIT $1,000,000 COMBINED SINGLE LIMIT $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 500,000/500,000/500,000 EXHIBIT "B" Page 1 of 3 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. 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: 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 of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. EXHIBIT "B" Page 2 of 3 KAEngineering Data Exchange \JENNIFER \FORMS \Exhibit B for Large.docx 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 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 KAEngineering Data Exchange \JENNIFER \FORMS \Exhibit B for Large.docx ac l � m — a e 11 C W I W 000 N lezz ® z° J � C C V z 'O V O V Z N w m O r O N 0 0 0 0 M N oa�oog goo��pp� c,,Zo�o� 01, C6 0 0 0 0 8 h o o p m p m p o g o o o�000�o 0000mpmppmmo �a� � r d�} 0 0 Ou�o�r°,°o °a �oNppoN co �N� N O Irz� N LO H t0 N "Z 10 z� m ® O O ® N O p m p m O N N N �N- r- O O to 4! O 0000000 O S O r N N tD N ~ N C6 N 1 N U. 0. i'a a :c Z s :' o c��m oc() m2Q E a�a �v 1°' �g1 E o!f ammt°�v� ��� c�Ov�iv� a'cc�a�� EXHIBIT "C" Pau* 1 of 1 Y f Y � SUPPLIER NUMBER TO BE ASSIGNED BYZ`ITY -- PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with `NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Engineering & Construction Management Services LLC P. O. BOX: STREET ADDRESS: 5001 Oakmont Drive CITY: Corpus Christi ZIP: 78413 FIRM IS: 1. Corporation B 2. Partnership e 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) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the supject of this contract and has an ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant 4f J' 1v 44- FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent, The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: 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. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court .fudges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. CITY OF CORPUS CHRISTI 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: June 11, 2013 Agenda Item: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Engineering & Construction Management Services, LLC, of Corpus Christi, Texas in the amount of $83,500.00, for the Wastewater Service Line Repair and Clean -out Installation and Manhole Ring and Cover Adjustment Program FY 2013. Amount Required: $83,500.00 Fund Name Account No. Fund No. Org. No. Project No. Amount Wastewater Operating 530235 4200 33400 E13048 $74,315.00 Storm Water Operating 530235 4300 32010 E13048 $9,185.00 Total $83,500.00 ❑ Certification Not Required Director of Financial Services Date: Ga O� H AGENDA MEMORANDUM Future Item for the City Council Meeting of May 28, 2013 NoP ©pE° Action Item for the City Council Meeting of June 11, 2013 1852 DATE: May 23, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com; 826 -3729 Lawrence Mikolojczyk, Director of Solid Waste Operations LawM @cctexas.com; 826 -1972 Engineering Design Contract J.C. Elliott Landfill New Office Building CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Kleinfelder Central, Inc. from Corpus Christi, Texas in the amount of $115,509.00, for J. C. Elliott Landfill New Office Building, for design, bid, and construction phase services. PURPOSE: The purpose of this Agenda Item is to authorize the selected consultant to provide programming assessment, design and construction contract documents for a new office building at the J. C. Elliott Landfill. This new facility will house approximately 20 solid waste employees. BACKGROUND AND FINDINGS: This project will replace the existing office building which is a used manufactured building. The present facility has reached the end of its serviceable life, is undersized, and in substandard condition that requires constant maintenance. Kleinfelder Central Inc. of Corpus Christi, Texas was selected for this project through Request for Qualification (RFQ) No. 2011 -05 Professional Services for Department of Engineering Services Projects, dated November 14, 2011. ALTERNATIVES: 1. Award the Consulting contract to Kleinfelder Central Inc. as proposed. 2. Do not award the Consulting contract to Kleinfelder Central Inc. as proposed. (Not recommended) OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Conforms to statutes regarding the FY 2012 -2013 Capital Improvement Budget EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Solid Waste FINANCIAL IMPACT: Operating Revenue X Capital of applicable Fiscal Year: 2012- Project to Date 2013 Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0.00 $345,000.00 $1,150,000.00 $1,495,000.00 Encumbered / $0.00 0.00 Expended Amount This item 115,509.00 0.00 115,509.00 Future Anticipated expenditures for this 229,491.00 1,148,409.00 1,377,900.00 project BALANCE $0.00 $0.00 $1,591.00 $1,591.00 Fund(s): #04 Public Health & Safety CIP Comments: RECOMMENDATION: City staff recommends the Contract for Professional Services be awarded to Kleinfelder Central Inc. of Corpus Christi, Texas in the amount of $115,509.00. LIST OF SUPPORTING DOCUMENTS: Project Budget Certification of Funds Location Map PROJECT BUDGET J. C. ELLIOTT LANDFILL NEW OFFICE BUILDING Project No. E11060 May 28, 2013 FUNDS AVAILABLE: Sanitary Landfill CIP (CO) Fiscal Year 2014 Landfill CIP (Proposed) TOTAL.................................................................................. ............................... FUNDS REQUIRED: Construction Estimate Contingencies (10 %) Testing (Construction Materials) Design Fees: Architect ( leinfelder) Reimbursements: Contract Administration (Contract Preparation /Award /Admin) Engineering Services (Project Mgt /Construction Inspection /Traffic Mgt) Finance Misc. (Printing, Advertising, etc.) TOTAL.................................................................................. ............................... $ 345,000.00 1,150,000.00 1,495,000.00 $1,121,250.00 112,125.00 29,900.00 115,509.00 37,375.00 59,800.00 14,950.00 2,500.00 $1,493,409.00 ESTIMATED PROJECT BALANCE ............................................. ............................... $ 1,591.00 cile: \ Mproject \councilexhibits \exhE11060.dwg NUECES BAY o Up RI MFR R s �q0 z o CF�pARO N IH37 o � J � p U � Z W � Z N Z W Y U HWY 44 AGNES o 0 z J J Z m Y CORPUS w w F 0 o CHRISTI o CD o° m INTERNATIONAL w a z Y AIRPORT ° BEAR z a CORPUS CHRISTI �o y�vV� W. PC N N ` N Vyo J.C. ELLIOTT LANDFILL F.M. 43 �C4G NUECES COUNTY F.M. 43 M F.M. 665 (D �p 0 U � � N F.M. 20 _ FM 2444 CEFE F. VALENZUELA LANDFILL F.M. 16 ,°" F.M. 14 1 1 1 0 LOCATION MAP PROJECT #E11060 NOT TO SCALE Ch 0 d G1 'y �O CABANISS Sy FIELD Ia,Mt.l CITY COUNCIL EXHIBIT J. C. ELLIOT LANDFILL CITY OF CORPUS CHRISTI, TEXAS v NEW OFFICE BUILDING DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 94" t CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES 'k vo 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 KLEINFELDER CENTRAL INC., a Texas corporation, 5002 Ambassador Row, Corpus Christi, Texas 78416, (Architect/Engineer — AIE), hereby agree as follows: 1. SCOPE OF PROJECT (JI.C. Elliott Landfill New Office Building) (Project No. E11060) The new office Building will support Landfill activities and house approximately 20 employees at the J.C. Elliott Citizens Collection Center, Solid Waste Transfer Station and Scale House. 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, 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 "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 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 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 AIE agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B ". Contract for Engineering (A/E) Services Page 1 of 3 K:IENiGINEERING OATAEXCHANGEIANGIEMISOLID WASTF%EI 1060 JC ELLIOTT LANDFILL NEW OFFICE BUILDING4AGENDA ITEMN CONTRACT PROFESSIONAL SERVICES.DOC V 4r 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 $115,509.00, (One Hundred Fifteen Thousand Five Hundred Nine 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 AIE 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. 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. Contract for Engineering (A/E) Services Page 2 of 3 KIENGINEERING DATAEXCHANGE4ANGIEMISOLID WASTE1E110B0 JC ELLIOTT LANDFILL NEW OFFICE BUILDINGIAGENDA ITEM11 CONTRACT PROFESSIONAL SERVICES.DOC CITY OF CORPUS CHRISTI KLEINFELDER CENTRAL, INC. (y, � 4�•r -7 -13 Oscar R. Martinez, Date Jerry Li tw Date Assistant City Manager Project Vanager 5002 Ambassador Row Corpus Christi, TX 78416 (361) 854 -4774 Office (361) 854 -4924 Fax RECOMMENDED Q,a-a- x2 KA h3 Daniel Biles, P. E., Da (e Dire c r of E eering Services Operating D4paio4nt Date APPROVED AS TO FORM Office of Management Date and Budget ATTEST Armando Chapa, City Secretary Project Number: E11060 Funding Source: 550950 - 3365 - 00000- E11060 Fund Name: Sanitary Landfill 2008 CIP Encumbrance Number: ENTERED ovv� MAY 15 2013 CONTRACT MANAGERS Contract for Engineering (AIE) Services Page 3 of 3 K:IENGINEERING DATAEXCHANGE%NGIEMISOLED WASTE%E11060 JC ELLIOTT LANDFILL NEW OFFICE BUILDINGIAGENDA ITEM41 CONTRACT PROFESSIONAL SERVICES. DOC EXHIBIT A CITY OF CORPUS CHRISTI, TEXAS J.C. Elliott Transfer Station Administrative Building Improvements PROJECT UNDERSTANDING We understand that the existing administration 1 staff building at the J. C. Elliott Transfer Station is undersized and in substandard condition. A new structure to accommodate administrative and staff support needs will be developed. The new building will accommodate a workforce of approximately 20 employees, including 3 to 5 administrative staff (these may be transient desks or workstations for drivers or dispatch personnel), related storage and equipment areas, plus lunchroom/break room, kitchen, locker, toilet and related support spaces for yard staff. No public transaction windows or other dedicated functions are needed. We estimate that this will require a single -story pre - engineered metal building structure of approximately 3,000 square feet with the building exterior panels to match the existing scale house panels. The design wind speed elected by the client is 130 -mph (3 Sec Gust) in accordance with the International Building Code 2009. The design of standby generator power will be included in the project design. Kleinfelder will provide project management, geotechnical services, civil engineering and architectural design services for the project. Govind Development will provide structural engineering, cost estimating and assistance with local permits and approvals under subcontract to Kleinfelder. Stridde Callins Associates (SCA) will provide plumbing, mechanical and electrical design services under subcontract to Kleinfelder. Frontier will provide surveying services under a subcontract to Kleinfelder, ASSUMPTIONS • The project site is not impacted by the presence of landfill gas or hazardous waste, • The project site is not located in an area with the presence of uncontrolled fill, weak or unsuitable soil materials for the development of the site. • The project site is not within an environmentally sensitive or protected area under current Local, State or Federal regulations. • The design of standby generator power will be included in the project design but will be limited to the staff support building only. • The project scope does not include upgrades of any existing utility systems or reuse of existing services to the existing facility. EXHIBIT "A" Page 1 of 13 r 1. SCOPE OF SERVICES 1. A. Basic Services. 1. Preliminary Phase. The Architect/Engineer -AIE will: It is the intent of the Preliminary Phase to provide a study and report of project scope with economic and technical evaluation of alternatives, and upon approval, proceed in a design memorandum which includes Preliminary designs, drawings, and written description of the project. This report shall include: a. PF9V'de seepe of soil investigation, ♦ r , investigation and testing under one of moFe separate GantFaGt6) b. Confer with the City staff regarding the design parameters of the Project. The Engineer will participate in a F,r,,.nimum of (one) formal meetings with City staff, provide agenda and purpose for each formal meeting; document and distribute meeting minutes and meeting report within seven (7) working days of the meeting. The AIE will participate in discussions with the operating department and other agencies (such as the Texas Department of Transportation (TxDQT) and Texas Commission of Environmental Quality (TCEQ)) as required to satisfactorily complete the Project. c. Submit one (1) copy in an approved electronic format, and one (1) paper copies of the Design Memorandum, with executive summary, opinion of probable construction costs with life cycle analysis, defined technical evaluations of identified feasible alternatives, and review with City staff to produce an acceptable format which contains common municipal elements. Design Memorandum will include the following (with CONSTRUCTABILITY being a major element in all the following items): 1) Review of the Project with the respective Operating Department(s) and discussions including clarification and definition of intent and execution of the Project; The AIE will meet with City staff to collect data, discuss materials and methods of construction, and identify design and construction requirements. 2) Review and investigation of available records, archives, and pertinent data related to the Project including . taking photographs of the Project site, list of potential problems and possible conflicts, intent of design, and improvements required, and conformance to relevant Master Plan(s). 3) Identify results of site field investigation including site findings, existing conditions, potential right of way /easements, and probable Project design solutions; (which are common to municipalities). EXHIBIT "A" Page 2 of 13 u � 4) Provide a presentation of pertinent factors, sketches, designs, cross - sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, identification of needed additional services, preliminary details of construction of critical elements, identification of needed permits, identification of specifications to be used, identification of quality and quantity of materials of construction, and other factors required for a professional design (CONSTRUCTABILITY). 5) Advise of environmental site evaluations and archeology reports that are needed for the Project (Environmental issues and archeological services to be an Additional Service). i T. �1 �l 0 L' NO' VOL' L' I 1 01-1 L§ VOL-A-1111 ■ gQ 7) Confer, discuss, and meet with City operating department(s) and Engineering Services staff to produce a cohesive, well - defined proposed scope of design, probable cost estimates(s) and design alternatives. 8) Provide a letter stating that the AIE and Sub- consultant Engineers have checked and reviewed the design memorandum prior to submission. 9) Provide an analysis on project impacts towards "re- engineering" and effects on cost savings toward City operations, which this project will affect. 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. Aerial photography for the Project area. d. Through separate contract, related GIS mapping for existing facilities. e. A copy of existing studies and plans. (as available from City Engineering files). f. Field location of existing city utilities. (AIE to coordinate with City Operating Department). g. PFGVide appliGable Master Plans. EXHIBIT "A" Page 3 of 13 h. Provide loading conditions and tolerance for different movement for structures. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a. Study, verify, and implement design memorandum recommendations including construction sequencing, connections to the existing facilities, and restoration of property and incorporate these plans into the construction plans. Development of the construction sequencing will be coordinated with the City Operating Department(s) and Engineering Services staff. b. Prepare one sets of Construction Bid and Contract Documents in City format (using City Standards as applicable), including Contract agreement forms, general conditions and supplemental conditions, notice to bidders, instruction to bidders, insurance, bond requirements, and preparation of other contract and bid related items; specifications and drawings to fix and describe, for one bid or for multiple bids, the size and character of the entire Project; description of materials to be utilized; and such other essentials as may be necessary for construction and cost analysis. c. Provide assistance identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). d. Prepare final quantities and estimates of probable costs with the recommended construction schedule. The construction schedule will provide a phased approach to better track progress and payments. e. Furnish one (1) copy of the interim plans (plans only - identify needed specifications) 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 utilities including City and all other affected entities. Required with the interim plans is a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements such as: • Pipe Size or Building Size • Pipe Material, etc. • Why one material is selected over another • Pluses of selections • ROW requirements and why • Permit requirements and why • Easement requirements and why • Embedment type and why EXHIBIT "A" Page 4 of 13 • Constructability, etc. • Specific requirements of the City • Standard specifications • Non - standard specifications • Any unique requirements • Cost, alternatives, etc. • Owner permit requirements and status f. Assimilate all review comments, modifications, additions /deletions and proceed to next phase, upon Notice to Proceed. g. Provide 1 copy of pre -final plans and bid documents 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 (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 staff. The Consultant AIE and Sub - consultant A/E 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 signature of all disciplines including but not limited to structural, civil, mechanical, electrical, 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. Upon approval by the Director of Engineering Services, provide one (1) set (hard copy and electronic) of final plans and contract documents suitable for reproduction (In City Format) and said bid documents henceforth become the sole property and ownership of the City of Corpus Christi. k. 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. I. Prepare and submit monthly status reports with action items developed from monthly progress and review meetings. m. Provide a Storm Water Pollution Prevention Plan. EXHIBIT "A" Page 6 of 13 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 in standard electronic formats 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 to 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 AIE'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. 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 AIE) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. c. Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. EXHIBIT "A" Page 6 of 13 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 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 observation 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. Thes H2Aaeeats , , T..L.1. ..r TGG %Gs �vcrninn 2 0 As a minimum the Infrn+unfnn, Contents, and index will be in HTML (Hype4eyd MaFkwp Languago format, with Hyp T links to the other of the manual T6... roTmar, - vrrtb-- rr��e�-reiE��-rrca eF -�a1�S , TIFF, jP G,, -etG.. Confirm WOW deliveFy of he manuals that _a1Lca d en ihe City's 6eMpeSSF. Deliver the manuals on a CD -ROM, not on floppy disks. i. Review construction "red -line" drawings, prepare record drawings of the Project as constructed (from the "red -line" drawings, observation, and the EXHIBIT "A" Page 7 of 13 contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD 04 or later) of the record drawings. 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 applicationslestimates for payments to contractor. b. Conduct the final acceptance inspection with the Engineer. 2. 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. l=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. Permittina. f=urnish 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 all permits as applicable to the appropriate local, state, and federal authorities, including, but not limited to: a. , epeFating In the area b. UDO - ReRnits/ endment& o. Wetlands Delineation and PeFffii4 g T pa-Fanr DisGhaFge QeF i# B. NIP -DES Perrn;VAFnendment f. Texas Commission of Environmental Quality (TCEQ) Permits /Amendments EXHIBIT "A" Page 8 of 13 Or r.111UTUMP-M. Mw - 1 1 ■ M l r ■ - r A ■ . ■ Mtn. -In'MIM-agmin 3. To o ra hic Survey, 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 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. 4. Enyirenmen4a14seueQ 5. ■ ■ - GN p rogress-oRd 1 of rpateFials equipment by the ■ . A and d6fiGieAr.ies in the A - ■ ■ - r 1 ■ w . R.11011", ON 5 1 r EXHIBIT "A" Page 9 of 13 FA y - ~ - - - y 1 - y - r - - ~ - - W. 1 ■ � 1 ■ 1 � i. 1 numomm 1.� 1 1 5 1 � � 1 ■ 1 � i. 1 numomm 1.� � EXHIBIT "A" Page 10 of 13 _a. WMIM Y - desumentation Of Utility GORfinGtS. l _ _ r - 6. Start -up Services. 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. 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. EXHIBIT "A" Page 11 of 13 2. SCHEDULE PROPOSED PROJECT SCHEDULE DAY a . ■ ACTIVITY 1 A 1 i Begin Preliminary Phase Monday 15 July 13 Begin Design Phase Friday 19 July 13 Interim Submittal Friday 16 Aug 13 City Review Friday 13 Sept 13 Pre -Final Submittal Friday 11 Oct 13 City Review Friday 2. SCHEDULE PROPOSED PROJECT SCHEDULE DAY DATE ACTIVITY Wednesday 19 June 13 Begin Preliminary Phase Monday 15 July 13 Begin Design Phase Friday 19 July 13 Interim Submittal Friday 16 Aug 13 City Review Friday 13 Sept 13 Pre -Final Submittal Friday 11 Oct 13 City Review Friday 8 Nov 13 Final Submittal Monday (2) 18 Nov 13 Advertise for Bids TueNVed/Thu Dec 3,4,5 13 Pre -Bid Conference Wednesday 18 Dec 13 Receive Bids Monday 15 Jan 14 Begin Construction Weekday 9 April 14 (12 weeks) Construction'Completion 3. FEES 3. A. l=ee for Basic Services. The City will pay the AIE 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. 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 AIE'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. EXHIBIT "A" Page 12 of 13 4. 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 AIE a not -to- exceed fee as per the table below: C. Summary of Fees Fee for Basic Services 1. Preliminary Phase $25,678 2. Design Phase $42,697 3. Bid Phase $7,331 4. Construction Phase $13,869 Subtotal Basic Services Fees $89,575 Fee for Additional Services (Allowance) 1. Permit Preparation (as applicable) Rakeads TXDG r iAle+fanrin 0eline.+iinn .+.+iJ 1]nrw.4 NPIDEe Rermi +lAmendmnnts Nuenen Count _ U.S -. Arun• ilnrnc+ of Ennineern U.S. Environmental PFGteGtion Agency Texas Deportment of I innnne Regulation $2,954 `" r'�ar'crrscr�TVrcrvc 17 and Texas Commission on Environmental Quality Total Permitting ROW Acquisition Survey (AUTHORIZED) 0 3. Topographic Survey (AUTHORIZED) $8,306 4. Environmental Issues 0 5. Construction Observation Services 0 6. Start -up Services $2,808 7. Warranty Phase $2,808 8. Provide SCADA Documentation 0 9. As -Built Electrical for Generator Upgrade $2,530 10. Windstorm Certification 0 11.Geotechnical investigation $6,528 Sub -Total Additional Services Fees Authorized $25,934 Total Authorized Fee $115,509 EXHIBIT "A" Page 13 of 13 CITY OF CORPUS CHRISTI, TEXAS J.C. ELLIOTT TRANSFER STATION ADMINISTRATIVE BUILDING IMPROVEMENTS EXHIBIT A -1 SCOPE OF WORK A. BASIC SERVICES A.1 PRELIMINARY PHASE Project Initiation and Data Collection Kleinfelder will attend one Project Initiation team meeting with the Client to develop an initial Work Plan of specific tasks, staff assignments and responsibilities, deliverable products, project calendar and budget. One visit to the project site will be performed with the Client. This initial phase will include the following activities: • Observe site operations, existing utility systems, vehicle movements, parking, pedestrian movements, etc., which may affect the location or design of new facilities. • Review existing documentation of the property, site and buildings, as available. Identify additional information needed and assign responsibility. • Confer with Client and designated users to develop functional requirements for all areas of the proposed building, including room sizes, room -to -room adjacencies, employee counts, required heating and cooling, communications, security, appliances and other equipment, furnishings, fixed and movable furniture, etc. • Determine applicable codes and standards, including Texas state and local Corpus Christi building codes, City design and construction codes, City ordinances, planning requirements, ADA and Texas accessibility standards, other City departmental regulations, Energy codes, Windstorm and other insurance regulations, etc. • One (1) project initiation meeting with the design team (remote via videoconference or telephone) • One (1) Project kick -off meeting in Corpus Christi with City and design team. • Two (2) Progress meetings with the design team (remote via videoconference or telephone) EXHIBIT "A -1" Page 1 of 7 As an Additional Service under Item B.3, a site specific topographic and location survey will be performed and used to prepared base map and identify existing utilities, structures, drains, grade breaks and field information for use in preparing schematic designs. Surveys performed will utilize horizontal and vertical controls based on official government recorded control points and survey markers. Conceptual Design A Conceptual design approach will be prepared for the proposed building, including recommended improvements to the site. The concept will include a diagrammatic site plan and building plan, showing the general location, size and organization of site features and spaces within the building. We will develop a preliminary listing of interior furnishing and equipment to be accommodated. Conceptual Cost Estimates Kleinfelder will develop a conceptual estimate of probable construction cost based on the preliminary building design, construction type, primary materials, and finishes, building systems, furnishings and equipment. The estimate will include site and utility design elements. Unit costs will be based on industry standard data, current trends and local conditions, probably bidding conditions at the time of construction, and historical data from past City bid tabulations if available. As appropriate, this estimate may recommend the inclusion of Alternates for budget control. The purpose of the conceptual estimate of probable construction cost is for budget planning purposes, and will include a 30% percent contingency not to be used for bid or construction purposes. Basis of Engineering Design Report We will prepare a Basis of Design report presenting the methodology, findings and recommendations for the project. A written narrative of the proposed work, the conceptual site and building design and the conceptual cost estimate will be included, along with data sheets for each room and for the general building requirements. A summary of building code, accessibility requirements and required reviews, permits and approvals will be included, along with a preliminary schedule for final design, procurement and construction, This report will be in an 8% x 11 or 11 x 17 format and will be delivered in electronic and hard copy formats. A.2 DESIGN PHASE Schematic Design An interim Schematic design will be prepared for the proposed building, including recommended improvements to the site. The schematic design package will include site plans including utility services and building plans, exterior elevations and interior layouts of furnishing and equipment. We will prepare a basic 3D model to illustrate the general building massing, appearance, recommended materials and relationships to other M 1" 7 structures and site features. The Schematic documents will also identify specific improvements to utilities, grading, drainage, surface treatments and features, parking, access, electrical services, communications and buildings and existing structures to be made within the project area. Utility services include new domestic sewer service connection to the city sewer system, including abandonment of the existing septic system, water, additional drainage structures to control runoff, gas service and demolition of existing structures within the project area. The Plan Executive Summary identified in Section 2.e of Exhibit "A" will be included in this task. Final Design and Construction Documents Based on the City's acceptance of the Interim (Schematic) design package, Kleinfelder will provide complete Civil, Structural, Architectural and MEP drawings and specifications suitable for bidding. As directed by the City, we will provide a pre -final submittal of plans, specifications, bid documents and cost estimate for review prior to preparation of the final bid package. City standard contract documents, forms and templates will be used in preparation of the bid package. Final Cost Estimate and Construction Schedule Kleinfelder will prepare a final estimate of probable construction cost based on the completed site and building design. Costs will be based on industry standard data, current trends and local conditions, probable bidding conditions at the time of construction, and historical data from past City bid tabulations if available. If requested by the City, this estimate may include Alternates. An updated Construction Schedule based on anticipated bid, award, construction start and completion dates will be prepared. This schedule will identify all major construction activities and phases and will include an outline Schedule of Values and a projection of anticipated monthly payments to the Contractor. A.3 BID PHASE Kleinfelder will assist the City in the identification of potential bidders, attend a pre -bid conference, respond to pre -bid questions, issue clarifications or Addenda as necessary, attend bid opening, evaluate and report on bids, and prepare letter of recommendation of award of the construction contract, etc., as specified in Section 3 of Exhibit "A", A.4 CONSTRUCTION PHASE Mobilization and Construction Upon receiving Contractors Notice to Proceed from the City of Corpus Christi, Kleinfelder will begin construction phase administration services. The estimated construction schedule is 12 weeks. A minimum of 5 regular visits by one Kleinfelder representative will be made to the construction site. The Kleinfelder representative will perform these services as described under Construction Phase Services of Exhibit A. If I XHIBIT "A -1" Page 3 of 7 additional visits are required by a Kleinfelder representative due to an extended construction schedule, the City of Corpus Christi will be notified of the estimated number of increased visits required to meet contract requirements and will provide an estimated fee for the increased services. Project Close -out Upon notification by the contractor of the date of substantial completion, Kleinfelder will arrange a final inspection. A site visit with Kleinfelder, the Contractor and the City of Corpus Christi will be conducted. A site walk will be performed at that time observing the completed work, installations and construction. Observations will be made to determine compliance with contract documents, designs and specifications. During the site visit and observation' agreement, a summary of those items not meeting project specifications or not being completed under contract requirements will be prepared and designated as the "Punch List" which itemizes remaining work to complete, correct or modify. The contractor will be required to notify the city of Corpus Christi and Kleinfelder when the punch list items have been addressed. A second meeting with the contractor, the City of Corpus Christi and Kleinfelder will be held onsite to confirm and verify the required corrections under the punch list were completed. A certificate of completion will be prepared and issued to the contractor only when the items listed in the Punch List are confirmed-to be corrected and documented to be complete. ADDITIONAL. SERVICES 13.1 Permitting Designs prepared for the JC Elliott Building Improvements will be processed with the City-of Corpus Christi Development Services Department. Additional services under this task'include revisions to the JC Elliott TS permit document with the TCEQ. Under this scope of work, additional permitting is not anticipated for the items listed under Exhibit 3.13.1. With these assumptions, an Allowance budget of $2,954 has been allocated for this task. If additional permitting requirements are necessary, Kleinfelder will notify the City of Corpus Christi and prepare an additional scope of work and fee. 6.2 Right -of -Way (ROW) Acquisition Survey (not applicable to this project) B.3 Topographic Survey A topographic survey of the project site is necessary for the preparation of design and development plans. The area of site development will be confined to the compound within the fenced area of the transfer station of approximately 4.5 acres. Mapping this area allows consideration of the most options in development of the site for new building construction. An allowance budget of $8,306 is estimated for this task. =EXHIBIT 1" 7 8.4 Environmental Issues The JC Elliott Transfer Station Building improvements site area is located adjacent to the JC Elliott Landfill which was closed in 2006. At the present time, no known environmental hazards or conditions are evident at the project site. Should these conditions become apparent or evident during data search, records search, field investigation or construction, Kleinfelder will immediately notify the City of Corpus Christi of this discovery or evidence which may require appropriate action. Kleinfelder will prepare a separate scope and fee for review and approval by the City of Corpus Christi prior to initiating actions to the conditions identified. No estimated Allowance for these services is set at this time. B.5 Construction Observation Services These services are not included in this project. 13.6 Start -up Services Start -up services will be conducted by the City of Corpus Christi, in the presence of the Kleinfelder representative and the Contractor. Observations and verification of the functionality and operation of systems, equipment and related devices installed will be documented under this task. An allowance of $2,808 is estimated for this task. 13.7 Warranty Phase In accordance with the City of Corpus Christi requirements, the Contractor will warrantee all completed work and installations for a period of one year from date of certified completion. During this time Kleinfelder will work with contractor directly in supporting the City of Corpus Christi in ensuring the obligations of the contractor are met under the agreement. The number, type and level of services required for this task are difficult to estimate, and an allowance estimate for providing this support to the City of Corpus Christi is $2,808. 8.8 Provide SCADA Documentation These Services are not applicable to this project. M -1" f 7 13.9 Provide Soil Investigation, Borings, and Testing The purpose of the proposed soil investigation will be to provide recommendations for use during the design of foundations for the J C Elliott Transfer Station Building Improvements project. To accomplish this purpose, this task includes exploring subsurface soil conditions, obtaining physical soil properties by laboratory testing, and providing recommendations for use during design of the foundations. This scope is discussed in detail below. Field Exploration • Coordinate field activities with the city of Corpus Christi personnel • Locate the proposed borings using a site plan and measurements from existing landmarks; these locations will be recorded in the field using a hand -held GPS device • Contact Texas 811 to locate buried utilities within existing easements and right- of-ways • Mobilize a truck - mounted drilling rig to drill 2 borings, one to a depth of 25 feet below grade and one to a depth of 40 feet below grade • Sample the subsurface soil continuously to a depth of 10 feet, and then every 5 feet thereafter; samples will be collected using either a tube sampler, or a split spoon sampler in conjunction with the standard penetration test • Observe for groundwater seepage during drilling and, if encountered, after a 10 minute waiting period • Backfill boreholes with soil cuttings upon completion The borings will be logged in the field by a Kleinfelder engineering technician. Laboratory Testing, Selected laboratory testing will be conducted on samples that are representative of materials obtained during the field exploration. The tests will be used to evaluate and classify the soils, identify subsurface site characteristics, and provide data for analysis. These tests may include • Moisture content • Atterberg limits (liquid and plastic limits) • Percent passing No. 200 sieve • Dry density and moisture content • Unconfined compressive strength EXHIBIT "A -1" Page fi of 7 Kleinfelder will retain soil samples for 30 days after submission of the final report. Further storage or transfer of samples can be made at owner expense upon written request. Engineering Analysis and Report An engineering analysis and evaluation of the field and laboratory data will be performed for the project, based on available project concepts. Information to be provided in the report includes the following items. • Description of the field exploration and laboratory testing • Summary of laboratory test results • Discussion of subsurface soil and groundwater conditions • General discussion of the site geology • Discussion of potential soil movements, including calculated potential vertical rise (PVR) • Recommendations for foundation type, depth, and allowable loading • Seismic geotechnical criteria per International Building Code (2009) • Earthwork recommendations, including backfill requirements • Plan of borings to scale illustrating the approximate location of each boring • A log of each boring indicating the boring number, depth of each stratum, soil classification and description, and groundwater information One bound copy and one electronic copy of the report. An allowance of $6,528 is estimated for this task. =EXHIBIT 1" 7 EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR A/E PROFESSIONAL SERVICESICONSULTANT 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 WORKERS' COMPENSATION EMPLOYERS' 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 500,000/500,000/600,000 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 1of3 JAEngineedng FormsILARGE AE EXHIBIT B.000X 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 JAEngineerfng Forms%LARGE AE EXHIBIT B.DOGX 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 JAEngineedng Forms% ARGE AE EXHIBIT B.p00X cr m +� TT, Z in W ni GOCO W z z IL oj v of ... 9 J a C IL 4 U m � a � E a � U o � 0— 'S 0 L C CL c C r.► V O O U N O Z .O r O Z 'Cf v O V 0 ` `O C Ca 4 4 � �O N N 0 0 0 0 0 0 0 0 0 0 M M N N o L QQ ° ° 0 0 O OOL�- ❑ �H a ❑ ❑ ❑I- o o ° Ln L °°G©o � o oil s si 6 6g9 °O. a a° o o a a o oa o os o o o o❑❑❑ o m u o 8 8 0 0 0 0 � 6 64 4 4A 0 69 0 0000 0 0 0 0 0 ❑ ❑ ❑ ❑❑ 0 m� L 0 0 0 9 9 e- r r t�3 O O O O O h N O O 1 110 8 8 p N N N N❑ G G O O � ti N � M O O O N N 4 4n N N Q Q m m m m m m N N C CNOr q Gn0 *F# 2 qr 2 QW O O O O O O q q E EA N N O O ❑ ❑ ❑ ❑❑ N N O O N N N N O p p Q O O m m❑m m m m m g g d d g g O O at o to 'S - E o, cc a o ,� .y O m a m U C=O N U H N CV � CL v a ot; "~ E v Q a E rL o Un in (a M, EXHIBIT "C" page I of 1 N U H N CV � CL v a ot; "~ E v Q a E rL o Un in (a M, EXHIBIT "C" page I of 1 EXHIBIT "C" page I of 1 ' r •f• SUPPLIER NUMBER TO BE ASSIONFD 111' �r�' " PURCIIASINO61VISIO City of CITY OF CORPUS CHRls'n Corpus DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking; to do business with the City to provide the following information. I "very ,question must be answered. if the question is not applicable, answer with `NA ". See reverse suede for Filing; Requirements, Certifications and definitions. COMPANY NAME: Klcinfelder Central, Ine. P. O. BOX: ST,,REET ADDRESS: 5002 Ambassador Row CITY: Corpus Christi Z11': 78416 FIRM IS: 1. Corporation 8 2. Partnership ❑ 3. Sale (honer 4 ❑ . Association S. Other DISCLOSURE QUESTIONS If additional space is necessarty, please use the reverse side of this pit eor attach separate sheet, 1. State the names of each `employee" of the City of Corpus Christi having; all "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City NIA 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 cacti "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 AIP 4, State the names of each employee or officer ol'a "consultant" for the City of Corpus Christi who worked on any matter related to the siiNeet of this contract and has an ` awnership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant f e , . 0. FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City of vial 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)j 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: -rang L.i p4xat Title: (Type or Prim) Signature of Certifying Date: f /� G l�3 Person: / I 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. r r"r KY I h ,l mb O C1) F� V O � N O op U N U � fa L •E E a LO TL T L `V T .O W V � ' ' f3( `S/ r �t ��✓✓ ' � � � tff'��f- �,�3�f;,rJrr/ /I'r x�����fltfi " . -£�'t . a!�✓ f i$ r / / wr/ /,S � /�f' z r �� i� ` "?�� f x f "JS S � f 4 %J i'�` � s , �1;+ " % . �.?<�;�{ f,�`''� J fr � ,rfi�� k $4 3d� ✓fr3y3��15 l�� � }l /"�4(f2JS��J' {±f'kf J S tIfN1'i, -,� /rl ?y%�y�"`,ft ld„f%' •� ''r4, ry�� rN `•3'lr' J" S 1 ) • • ����, �/ f! i�. 9 � � �� / {,) � i'.'f �i 3 tf5 ✓r�'�l ,� �t'rlfarS4` 4�zf �~�} as ✓ '� �, /�'� x/ F1��pk �,r, %' '`aa �'` � jr li� #; %s s S ug w�.�2�� �„xJ,,i: � r" z � � r', F s 'v s ` %�j�,,.r f�j„ • rls j3 �5�f f �fG't s /,3f#���Ni„`/f } c� �� 7 �/f � � �J�S��n3 s✓/ /�ij� 3af �ff $ �� 4 �` /sr rr, r���u l" �f '.e�'1,� ➢',s' �"�i(l2s f5S y z vIV} �ffrl ,' t g f�' //f I S;^ � 9 ��S/ r� v }� J A xf,,; }F} ip (I ?�J'ty�f f�f��?a?'� �i ?f l �5 f / f � it � v u � �kt?��>�u �� • ,Sz �sz�;r �� / �� • • �y�r ifrs }ufx� v /x''f ;✓; %�u� F���`�� /r�`�u? � 3�f 2s i� un'/I }n��rFr '°r / i` ��W'�r r� slYt ffr,f %:�'����t�vz x. ` �"rJ rg f�'u frr`.. 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U q4- � Lii I cu 2 C) � 4- 0 t q CU ) f k 2 'E o LL � ƒ @ 0 ll;:� CO @ � � � � O w / @ � tf)- w U w � O � a w LU «U � « wco :mKii � % - k k ( k ' / � K E » / 3 � E @ 0 ll;:� CO @ � � � � O w / @ � tf)- w U w � O � a w LU «U � « wco :mKii � . k ' k E » / 3 E cu ® '0 f E w § o t 4 . / r ) ± m 2 k E E R Lu § ) E E § '\ - ƒ » ' ƒ % E t r t 0 E E J £ 2 c c \ ' . LL 3 3/ 3 4F 0- @ 0 ll;:� CO @ � � � � O w / @ � tf)- w U w � O � a w LU «U � « wco :mKii aSC o° AGENDA MEMORANDUM NaRa ©aa Future Item for the City Council Meeting of May 28, 2013 ss Action Item for the City Council Meeting of June 11, 2013 DATE: May 10, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 Engineering Design Amendment No. 3 Bear Lane from Old Brownsville Road to S.P. I. D. Bond Issue 2008 CAPTION: Motion authorizing the City Manager, or designee, to execute a Amendment No. 3 to a Contract for Professional Services with Coym, Rehmet and Gutierrez Engineering, L.P. of Corpus Christi, Texas in the amount of $73,470.00 for a restate fee of $1,170,020.00 for the Bear Lane Street Improvement Project from Old Brownsville Road to South Padre Island Drive for design of required waterline replacement (Bond 2008) PURPOSE: The purpose of this Agenda Item is to execute the Contract for Professional Services with Coym, Rehmet and Gutierrez Engineering, L.P. (CRG), for Bear Lane. BACKGROUND AND FINDINGS: The current construction on Bear Lane was stopped to accommodate replacing the existing 36 -inch waterline. Originally, while the project was under design, the assessment was made that the water line repair history didn't show any major concerns or the need to replace the line. However, during construction, the team (the City, Design Engineer & Contractor) further assessed the condition of the existing water line through visual inspection and determined that the line needed to be replaced. Replacing this waterline concurrently with improving the roadway will protect the City's investment and avoid potentially costly pavement repairs should the existing waterline need maintenance under a newly reconstructed roadway. The design engineer will be preparing construction plans and specs to rebid the work to include the waterline from Navigation to Old Brownsville. Engineering Services is working with the design engineer to develop anticipated schedule for completion of the waterline and associated roadway improvements. We anticipate that construction of the waterline and associated improvements will start before the end of the year. A comprehensive schedule and estimate will be developed as the project progresses. ALTERNATIVES: 1. Execute the Contract for Professional Services with CRG, Inc. as proposed. 2. Do not execute the Contract for Professional Services with CRG, Inc. as proposed. K: \ENGINEERING \LEGISTAR \3 - MAY 28 \BEAR LANE WGENDA MEMO - BEAR LANE.DOCX OTHER CONSIDERATIONS: This project is one of the Bond Issue 2008 Proposition No. 1 Street Projects approved by the community in the general election held in 2008. CONFORMITY TO CITY POLICY: The Contract for Professional Services and selection process comply with the Professional Procurement Act and City Policy. CRG, Inc. was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. CRG of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2008 -03 Bond Issue 2008 and CIP Projects, dated September 19, 2008. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Wastewater Department Storm Water Department Water Department Gas Department FINANCIAL IMPACT: Ooeratino Revenue X Caoital of aoolicable Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $8,332,800.00 $2,000,000.00 $10,332,800.00 Encumbered /Expended Amount This item $73,470.00 $0.00 $73,470.00 Future Anticipated $8,259,330.00 $1,862,312.86 $10,121,642.86 Expenditures This Project BALANCE $0.00 $137,687.14 $137,687.14 Fund(s): Streets 06 Comments: Construction of the 36 inch water line will be advertised for bid in late summer of 2013. RECOMMENDATION: City Staff recommends the approval of the Amendment No. 3 to Contract for Professional Services with CRG. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract PowerPoint K: \ENGINEERING \LEGISTAR \3 - MAY 28 \BEAR LANE WGENDA MEMO - BEAR LANE.DOCX PROJECT BUDGET BEAR LANE FROM OLD BROWNSVILLE ROAD TO SPID -REBID (BOND ISSUE 2008) Project No. 6463 May 10, 2013 FUNDS AVAILABLE: Bond Issue 2008 CIP o. ST 15 $4,200,000.00 Storm Water 2,544,600.00 Water Water(2012 -2013) $ 1,114,700.00 Water(2013 -2014) 2,000,000.00 Wastewater as FUNDS REQUIRED: Funds exhausted during original construction(Estimate) Construction cost for rebid(Contractor TBD) Remaining Street, Storm Water, Water, and Wastewater work. 36" Water Main Replacement Contingencies(7.5% for construction funds available). $ 1,300,000.00 1,200,000.00 Design Fees: Engineer - (Coym, Rehmet and utierrez Engineering, L.P.) Engineer - (Coym, Rehmet and utierrez Engineering, L.P.) Amend 3 Testing - (Rock Engineering, Subsurface Investigation & Laboratory Testing) Testing - (Rock Engineering, Subsurface Investigation & Laboratory Testing) for rebid Reimbursements: Contract Administration (Contract Preparation /Award /Admin) Engineering Services (Project Mgt /Constr Mgt/Traffic Mgt) Finance Issuance . Misc. (Printing, Advertising, etc.).. Total(sum of bold items) Estimated Project Budget Balance " Construction Observation Services is included in Consultant, Coym, Rehmet and Gutierrez Engineering's, contract in the amount of $242,625. "" Construction contract awarded May 24, 2011 in the amount of $6,259,588.00, of which $5,154,000.00 will be exhausted under the original construction contract. K: \Engineering \LEGISTAR\3 -May 28 \Bear Lane\Project Budget - Bear Lane from Old Brownsville Lane to SPIDProject Budget - Bear Lane from Old Brownsville Lane to SPID 3,114,700.00 437,900.00 35,600.00 $10,332,800.00 $5,154,000.00 "" 2,500,000.00 774, 960.00 1, 070, 830.00 " 73,470.00 76,445.00 30,000.00 177,171.45 225,490.94 80,532.48 32,212.99 $10,195,112.86 $137,687.14 BEAR LANE FROM CITY COUNCIL EXHIBIT CITY OF HRISTI, TEXAS OLD BROWNSVILLE ROAD TO DEPARTMENT OF CORPUS SERVICES SOUTH PADRE ISLAND DRIVE PAGE: 1 of 1 b AMENDMENT NO. 3 to CONTRACT FOR PROFESSIONAL SERVICES Y The City of Corpus Christi, Texas hereinafter called "City ", and COYM, REHMET & GUTIERREZ ENGINEERING, L.P. hereinafter called "Engineer ", agree to the following amendments to the Contract for Professional Services for Bear Lane from Old Brownsville Road to SPID Proiect No. 64631, as authorized and administratively amended by: Original Contract September 15, 2009 Motion No. M2009 -255 $1,070,830.00 Amendment No. 1 March 16, 2011 Administrative Approved $10,620:00 Amendment No. 2 May 8, 2012 Administrative Approved $15,100.00 Original Contract's Exhibit "A ", Section 1. Scope of Services, Part A. Basic Services, Item No. 2 Design Phase, Item No. 3 Bid Phase, and Item No. 4 Construction Phase are amended to include additional Basic Services as specified in attached Exhibit "A ". Original Contract's Exhibit "A ", Section 1. Scope of Services, Part B. Additional Services, Item No. 1 Permit Preparation, and Item No. 2. Topographic Survey is amended to include additional services as specified in attached Exhibit "A ". Original Contract's Exhibit "A" Section 2, Schedule is amended to include the following dates: ACTIVITY DATE Begin Design Phase Upon Approval of Amendment No. 3 Prefinal Submittal May 31, 2013 Final Submittal June 10, 2013 Advertise For Bids June 24, 2013 Pre -Bid Conference July 17, 2013 Receive Bids July 24, 2013 Begin Construction September 25, 2013 Construction Completion June 22, 2014 Original Contract's Exhibit "A ", Section 3. Fees, Part C. Summary of Fees is amended as specified in attached Exhibit "B" Summary of Fees, for a total fee not to exceed $73,470.00 (Seventy Three Thousand Four Hundred Seventy Dollars and Zero Cents), for a restated total not to exceed $1,170,020.00 One Million One Hundred Seventy Thousand Twenty Dollars and Zero Cents . Monthly invoices will be submitted in accordance with Exhibit "C ". All other terms and conditions of the September 15, 2009 contract between the City and Engineer, and of any amendments to that contract, which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI By Oscar R. Martinez Date Assistant City Manager COYM, REHMET & GUTIERREZ ENGINEERIN L l By s/ f� /3 =P Date 5. taples St., Suite 230 Corpus Christi, TX 78411 (361) 991 -8550 Office (361) 993 -7569 Fax AMD. NO. 3 Page 1 of 2 KAENGINEERING DATAEXCHANGE%NGIEMISTREETM63 BEAR LANE SPRID TO OLD BROWNSVILLE ROAD BOND 2GOMAGENDA ITEM AMENDMENT NO 31AMENDMENT NO 3.DOC RECOMMENDED By r fir 1 Daniel Biles, P.E., Date Director of Engineering Services APPROVED AS TO FORM By By Office of Management Date and Budget Assistant City Attorney Date ATTEST By Armando Chapa, City Secretary Project Number: 6463 Fund Source No: 550950- 4476 - 00000 - 170119 Fund Name: Water CIP Rev. Bond 2008 Encumbrance Number: E6463ACO ENTERED ,� , ,�✓ MAY 142013�� CONTRACT MANAGERS AMD. N7' O. 3 Page 2of2 K:IENGINEERING DATAEXCHANGEVINGIEMISTREEM463 BEAR LANE SPRID TO OLD BROWNSVILLE ROAD BOND 200MAGENDA ITEM AMENDMENT NO 3ViMENDMENT NO &DOG lgoy.i n., Rehmet & Gutierrez Elgxneermg,L.P, ENGINEERS • PLANNERS • SURVEYORS TBPE Firm Reg. No. F -388 April 2, 2013 Daniel Biles, P.E. Director of Engineering Services City of Corpus Christi Department of Engineering Services P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Dear Mr. Biles, r. 58&6S.STARI. A6U>{7ano r0IRPWWM %1rX784= 38Z4WAW B0 FAXZft"93.7688 10 N.7WW 6W 6 81ATEa AUMTX78332 3614WW Z1 FAK; GIAM 14M RE: Contract Amendment No. 3 Bear Lane — Old Brownsville Rd. To SPID City of Corpus Christi Project No. 6463 CRG Job No. 20212c We were recently requested to prepare an Amendment to the referenced contract for the following tasks associated with preparing construction plans and bid documents for re- bidding Phase IV of the Bear Lane Project which encompasses an area from Navigation Blvd. to Old Brownsville Load. The project scope will now include replacing the existing 36" water transmission main from Navigation to Old Brownsville Road. Originally the 36" water transmission main was included in the design phase up to the 90% level. However, it was removed from the scope of work at that time and the current construction plans were revised to accommodate leaving the existing 36" water main in place. The following tasks are associated with this Amendment No. 3: • Meet with City personnel to review the problem. • Onsite meetings regarding the construction options. • Survey As -Built conditions at Navigation intersection remaining area of project. • Develop construction drawings in English units on 11" sheets total). and document any changes to x 17" sheets (Approximately 70 • Prepare an opinion of probable construction costs including contingency amounts. • Prepare Special Provisions, Specifications and Forms of Contracts and Bonds. • Provide Quality Assurance /Quality Control (QA/QC) for pre -final review and prepare submittal for City's review depicting pre - final complete development of the construction drawing and specifications. • Submit one (1) hard copy and one (1) electronic copy of the final contract documents and specifications to the City for bidding process. • Provide Bid Phase services. • Provide Construction Administration Phase services. AMD. :NO. 3 EXHIB" Pa e 2 Mr. Daniel Biles, P.E. Contract Amendment No: 3 Page 2 of 2 Below is a tentative schedule for completion of the remaining work associated with Phase IV of Bear Lane. ACTIVITY DATE Begin Design Phase Upon Approval of Amendment No. 3 Prefinal Submittal May 31, 2013 Final Submittal June 10, 2013 Advertise For Bids June 24, 2013 Pre -Bid Conference July 17, 2013 Receive Bids July 24, 2013 Begin Construction September 25, 2013 Construction Completion June 22, 2014 The total amount of the Amendment is $73,470.00 as shown in the breakdown on Attachment W. The manhour and fee analysis for the Amendment is shown in Attachment "B" and includes a breakdown for Basic Services and Additional Services. If you have any questions or require additional information, please give me a call 361 -991 -8550 or email me at jcoym@crgei.com. Very truly yours, COYM, REHMET & GUTIERREZ ENGINEERING, L.P. Je oym, E. Attachments: Attachment "A" (I page) Attachment "B" (3 pages) AMD. NO. 3 EXHIBIT "A" Pa e2of2 m(MDO � Q) LL- O oz z c� a o E Elm 2 N C J as AM©. NO. 3 EXHIBIT "B" Page 1 of 1 0 00000 0 0 0 0 O O ooa000000 O O 0 0 0 0 0 0 . 0' 0 Co 4j 0 N) L6 LO d O Ld CV 0 U) O O O m Lo O O O OO o N 61) 0 L C) : h 0 N to Lo Ln N r N ON h-�0 O c (OddLl) - d n - O m-V-O0 V 0 C N ITf-, w0N O C r O G> r CO } N. M M 00 � 69 909 69 hER fH a .- � AM©. NO. 3 EXHIBIT "B" Page 1 of 1 O O O O 0 0 0 0 0 0 0 0 0 Co d d O d O O d d O p O O O d p f L C) O L o 0 000000000 O O rnNML V odor QMi Z Q } Ln M r � 69 69 hER a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00000 000000000 d N BOO C?� 000000000 O 2 O '� ��Yi rr -- N Z `'tom"', LiI LD L(I C0 C� 65 (R (H Lj c Q 0 0 0 0 0 0 0 0 o d d d d d o 00000 000000000 0 �- 00060 of O d d 0 0 0 0 C O p O r L CL 0 (q (D _ Z I d O O ci C 69 69 M O � Q 0 0 0 0 0 0 Co 0 0 0 Co 0 0 0 Cl oonoo 000000000 d h L(j Oe� l() lef�1 N� p N LO L° LO CN M OOD O CD (Q CD N CD C)) 0 LC) O a) 0: h V M�(ODO O r dN rN ^OON OD O 6R CD N Z; O n 0 d d o 0 0 0 o 0 o 0 0 d i O O O O O 0 0 0 0 0 0 0 0 0 0 Q? 00030 ONO —MNN(r m Oi N DD—N LCD co (D hr NM r co r r V' O t� r O �0) CD M CD 00000 00000(D000 0 . d d d d o d d d d 0 0 0 0 0 Z LhO w �O NM 0O— CO pM C) N Lo O co Ln VN N 6) r ��N l() U O) OD OD CA OD Q N U ip 00 MMMC>a N V- mr0r O mro }� NfR N N CD OD Cn 6699 O N CN O a d d O n o n n 0 n o 0 0 0 o n 0 i OO�CDOO 000000000 O - OLMD j ((DDpMI+LM+ co- - N M O M (D V) V: 6) 6) O Cn "t C 7 CO NN NMNOD °rte`' r N U O O O O O O CD Q O O O O O O d 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000h LC)0 d{,- d 01+w K)dh N h +- CD h CD - CD N co co h It m M O (D N M LC) M O h DD r m m Cl) m M Lo r N Lo CN O C) +' h M O M 0 0 N AM©. NO. 3 EXHIBIT "B" Page 1 of 1 c a a) � E C O c i-- r H Q G . C a- O ' E > a� W +r V c Ip V O I-W) O O W r N di O (, "'yWr o 0 0 N d 0 Z Z Z �. Ili t o I- a 'o > 'a E w� ° >= a aa� 0 � r V Z 0 0 0 0❑ E °a a c `1 1 OR r` .1 n c 0 0 c - uD c c o 0 0 0 0 0 0°n o cf) °O 00 0 0 0 U 00 o 0 0 0 0❑ 01 °a O °o U) a) LL C> t0? .� V CL N 6� a U C) in N c Ln W (U O (U d Lr) = a Lf) � 45- U m c co C- v C Im . C � (!7 O M 2) a O C%4 O .'tea2 ` m p� C4 a CNI w U co co N U -J a r ao a 00 00 0 0 0 Q 0 O 0 0 0 p p� p o 0 m m O � Lo Lf) 69- E/} EF} 6!? 0 0 0 0 00 0 0 0 ❑❑ 0 O o Co m (o o m °o I � T O r 0 q Q Q Lf) r 0 O. O 60 r 01 0) 0) O 0) O r Qo r r O O N m m M r M V ~~ W N r O r W) N Cl) Lei M w EAR 6F} 6& t& Eg 000069- 060oa� 9. (ao00ommOc- F- 0 O o 0 o 0 C) o 0 0 0 ❑ p CD C) o m o) F- r~a,o(oo T T °O�a°� 0)ipprn ornrn T pp T V-- O O N (M H M V Aa o 0 w M ai o 0) 0) T- N T Lo N M Uf) co OD tq 69- 6F} H) 613 �1 u AMD. NO. 3 EXHIBIT "C" Page 1 of 1 N U (01) Q) U) a) LL t0? .� V CL N U) a U (1) U N N c W (U O (U d nY = a U) N � 45- U m c co C- v C c . C � (!7 O M 2) a O sA O .'tea2 ` m p� m a o w U co �1 u AMD. NO. 3 EXHIBIT "C" Page 1 of 1 N U (01) U) a) LL t0? .� c4 (1) U W c O d LL LL N j CO) C c C- d C 0) O (!7 O M LL .'tea2 p� ❑ p E 0 co N U -J a r ao a a�L S a aa0�0Cf) A com¢h- �1 u AMD. NO. 3 EXHIBIT "C" Page 1 of 1 SUPI'l.l�E; NUMnGR TO }31: ASSIGNGi� Hl'-U'ITi'�-- - -- R KHOHASING DIVISION Cif"" Q� CITY OF CORPUS CHRISTI City, DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17] 12 as amended, requires all persons or firms seeking to do business with the City to provide the following information. lively question must be answered. If the, question is not applicable, answer with '`NA ". See reverse side for Filing Itequirements, Certifications and definitions. CO,INTPANY NAME: Coyin, ltehniet & Gutierrez, LT, P. 0. BOX: STREET ADDRESS: 5656 South Staples St., Suite 230 CI'T'Y: Corpus Christi ZIP:. 78441 l FIRM IS: 1. Corporation 2, Partnership , Sole Owner 4. Association e 5. Other p 8 DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this pa b=e or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi lhavin}� an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) ::Pit - — 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 tite ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an `ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION 1 certify that all information provided is true and correct as of the date of this statement, that f 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: IC C04,V% Title: PaP}Atf (Type or Print) Signature of Certifying Date: 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 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. 5 • 4 Al ow O C1) � O � N u N O U � N U� Ul eawi Q Q U W N N S O R N L �a U O N E N W O M Ir- O N cn I Q O C: N N Co � CoC: .0 C: C: O_ �&-j UCL o U O � U �4-1 cn N C: O � U N U m C/) Q N +r U � N � O� �.Q x e v �t co �.Q U� J O' O 1 0 0 0 0 O 00 O O LO 0 co co f- O O 0 0 0 0 O' O' O CO f- B O O co O O r- O' O co' O! O' O CO IT IT O' IT r (0 6 V r- L N V O V 6 C O O LLc� r- O ' IT CO CO CO LO O f- 1- 1- 1- CO � O m N' LO IT co LO r- O' LO r V7 N C7 O L6 N 0 0 O O 00 00 0 O m C14 N _ �'� :'70 Q :... 0 ; ;; U) U) �. L N L ; Q p p �a) aa� -i a)', J' J C,5 ' C,5 M' E W M'' c0 a) a) 0) 0) U) U) � a) M �.. 0 U � m > > U) 70 W W — — L H C: N N a) a) p �', �' (U6' (U6 p U (u C: p a) LO U a) E U to to U (0 p E a) 70 70 U O (0 (0 m p Q (n Q p pj C: a) .:.: or) IM7 .: a o o LL 2� a) N 3 J m V W O m T- � U J 0 O O N' �. O �, W f\ iri E E W W p N Q O N N, CY U) U '�, N N 1 1 a) Q 0 > aa) a� a� a� w M o �i co) co) o o o a a x �- LLL�� `i `i � E L O (6 (6 : p �p to to 'N . LL MM00 C JL ''mn V LL LL U U W W W L. LL L W r &I DATE: May 28, 2013 AGENDA MEMORANDUM for the City Council Meeting of May 28, 2013 TO: Ronald L. Olson, City Manager FROM: Margie C. Rose, Assistant City Manager of General Government & Operations Support margier @cctexas.com 361- 826 -3232 STAFF PRESENTER(S): Name 1. Margie C. Rose 2. Oscar Martinez 3. Lawrence Mikolajczyk 4. Saundra K. Thaxton 5. Stephen R. Klepper PRESENTATION Solid Waste Competitive Assessment Results Title /Position Assistant City Manager Assistant City Manager Director Interim Asst. Director Strategic Resource & Budget Mgr Department General Gov't & Operations Public Works & Utilities Solid Waste OMB: Strategic Management OMB: Strategic Management OUTSIDE PRESENTER(S): Name Title /Position Organization 1. Scott Pasternak Assistant Vice President SAIC Energy, Environment & Infrastructure BACKGROUND: City Council has indicated an interest in assessing the competitiveness of departments that includes alternatives to services currently provided by municipal government through privatization and /or outsourcing. This past year, the City identified Solid Waste for the competitive assessment. Due to the complexity, risk, and significant impact these areas have on other core city related services, a contract was awarded to SAIC Energy, Environment, & Infrastructure who has extensive experience in performing solid waste competitive assessments. The report results will be discussed during the presentation. The director will also respond to the report findings and discuss resulting action plan commitments. 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O LIM- a) CY) 0 mo C/) C/) C, =3M C: 0) 0 -0 O U �_ C� a) •> L. 0 .0 O m a) -c: U) U) c). a) ca — u) � � ca 00 =3 (D 0 C: Co cn Ct 42 E 0 00 Co cn 62). cj CD > C) C) a) a) a) co a) c: U) CI. o ��— cn N 6 0000 sees** 0000000 seseese I 4 r-a-Vp- go W) CU O > cL a) C6 >t L. 4-0 4-0 U) C: U) C: 4-0 U) 0 •a) CU 4-0 cu C: QL 0 Cu U •V O C: C: E C: u) a) 0 Jc: =3 4-0 C: 0 0 0 > a) C: O =3 C: CU 'a cu E a) o- 4-0 E 0 0 Lo O 4-0 0 4-0 0 Jc: 0 O 0 O O rW 0 0 U) C6 a) 0 O 0 CU O 0 0 -0 0 O >, 4-0 CU :t'- O C: O C: 0 O a) =3 0 0 CU > 00 -1-a 4— C: 0 4-0 O cu w. C: 0 0 -1-a C: CU a) a) O C: O C) C: co O > Vj O O E 0 0. C) (D — 4 U) O a) c c a3 — — — — — --------------------- == = # � - � � -- �— - — --------------- — — — — — — — I - - - --------- — — --------------------------------------------------------- --------- — - \\ \ \\\ \\ \ \ \ \\\ \ \� \ \\] \\ °— — ------ - - -- -- — — - -------------------- -- �— - — --------------- — — — — — — — I - - - --------- — — --------------------------------------------------------- --------- — - \\ \ \\\ \\ \ \ \ \\\ \ \� \ \\] \\ DATE: May 13, 2013 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 28, 2013 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, Planning and Environmental Services PeteAn@cctexas.com 3611826-3781 Briefing on staff and consultant activities related to collection and evaluation of project information, potential regional collaborations, and strategic initiatives in anticipation of the State of Texas' response plan under the RESTORE Act. CAPTION: Briefing on staff and consultant activities related to collection and evaluation of project information, potential regional collaborations, and strategic initiatives in anticipation of the State of Texas' response plan under the RESTORE Act. PURPOSE: Provide Mayor and City Council With briefings on an as-needed basis of the efforts taken by staff to involve the public, stakeholder organizations, and other governmental entities in an exercise to identify potential projects beneficial to the environment and economy of the Gulf of Mexico that might qualify for funding from the RESTORE Act. BACKGROUND AND FINDINGS: The Resources and Ecosystem Sustainability Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 (RESTORE Act) was enacted on July 6, 2012, in response to impacts arising from the BP Deepwater Horizon oil spill and the resulting restoration requirements. The RESTORE Act established a Gulf Coast Ecosystem Restoration Council (the Council), which is comprised of governors from the five affected Gulf States' (including Texas), the Secretaries from the U.S. Departments of Interior, Commerce, Agriculture, and Homeland Security as well as the Secretary of the Army and the Administrator of the U.S. Environmental Protection Agency. The Gulf States selected and President Obama appointed the Secretary of Commerce as the Council's Chair. The RESTORE Act dedicates 80 percent of all administrative and civil penalties related to the Deepwater Horizon spill to a Gulf Coast Restoration Trust Fund and outlines a structure by which the funds can be utilized to restore and protect the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, coastal wetlands, and economy of the Gulf Coast region. The RESTORE Act sets forth the following framework for allocation of the Trust Fund: • 35 percent of the money divided equally between the five Gulf States for ecological and economic restoration efforts in the region; - 30 percent of the money through the Council to implement a comprehensive plan for ecosystem and economic recovery of the Gulf Coast; • 30 percent of the money for States' plans to address based on impacts from the Deepwater Horizon oil spill; • 2.5 percent of the money to create the Gulf Coast Ecosystem Restoration Science, Observation, Monitoring and Technology Program within the Department of Commerce's National Oceanic and Atmospheric Administration (NOAH); and - 2.5 percent of the money to the Centers of Excellence Research grants, which will each focus on science, technology, and monitoring related to Gulf restoration. Other BP Deepwater Horizon related funding sources are going to be available for Texas restoration projects for a variety of projects and in as yet unknown amounts. The Natural Resources Damages Act and the criminal settlements already in with BP, Transocean, MOEX and expected soon from Halliburton could make tens if not hundreds of millions of dollars available for Texas restoration projects that the City of Corpus Christi can apply for in the months and years ahead. The City held a public outreach meeting on April 10, 2013, at the Del Mar College Center for Economic Development to initiate the exercise of gathering information and gauging the interest in regional approaches that accomplish one or more of the five goals established by the RESTORE Act. More than 100 citizens attended and presented ideas and projects that addressed a variety of potential strategies for restoring the Gulf of Mexico. City staff are continuing to develop a list of strategies internally and giving the public more opportunities to provide ideas for projects. The State of Texas has not yet determined its process for the state's response plan and how it would ultimately solicit sustainable solutions for the environmental and economic restoration of the Gulf of Mexico. Additional, there is no commitment or guarantee the City of Corpus Christi will receive any funding from the BP Deepwater Horizon Trustee Council or the federal government. ALTERNATIVES: No action is being requested of the City Council. OTHER CONSIDERATION None CONFORMITY TO CITY POLICY: NIA EMERGENCY I NON-EMERGENCY: This is a non-emergency item. DEPARTMENTAL CLEARANCES: Planning and Environmental Services, Intergovernmental Relations, ACM for Public Works, City Attorney FINANCIAL IMPACT: i-i Operating o Revenue ❑ Capital X Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Exr)ended Amount This item BALANCE i-una(s) Comments: None RECOMMENDATION: No action is requested of the City Council, so no recommendations are being made, LIST OF SUPPORTING DOCUMENTS: 1. Resources and Ecosystem Sustainability Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 (RESTORE Act) 2. Gulf Coast Ecosystem Restoration Council The Path Forward to Restoring the Gulf CoasL A Proposed Comprehensive Plan. January 29, 2013 Dear Stakeholders: On behalf of the Gulf Coast Ecosystem Restoration Council (Council), I am pleased to present The Path Eorward to Restoring the Gut( Coast: A Proposed Comprehensive Plan. This document reflects the deliberations of the Council to date in developing a more detailed initial Comprehensive Plan. Our collective focus is on how to ensure the long-term health, prosperity, and resilience of the Gulf Coast. I'm confident that we can do this in a way that restores the environment, reinvigorates local economies, and createsjobs in Alabama, Florida, Louisiana, Mississippi, and Texas. The Council recognizes this unique and unprecedented opportunity to implement a coordinated Gulf Coast region-wide restoration effort. We are committed to developing a plan in collaboration with the people who live and work in the Gulf Coast region. As we begin to develop a Comprehensive Plan, we will provide robust opportunities for public engagement so that we hear from people across the region. I hope that YOU will join us and offer your ideas, commitment, and passion to this important effort. Sincerely, Rebecca M. Blank Chair Gulf Coast Ecosystem Restoration Council THE PATH FORWARD TO RESTORING THE GULF COAST: A PROPOSED COMPREHENSIVE PLAN The Gulf Coast region is vital to our Nation and our economy, providing valuable energy resources, abundant seafood, extraordinary beaches and recreational activities, and a rich cultural heritage. Its waters and coasts are home to one of the most diverse environments in the world — including over 15,000 species of sea life. Over twenty-two million Americans live in Gulf coastal counties — working in crucial U.S. industries like commercial seafood, shipping, tourism, and oil and gas production. The region also boasts ten of America's fifteen largest ports allowing for nearly a trillion dollars in trade each year. Despite the tremendous importance of the Gulf Coast region, the ecological health of the region has been significantly impacted. The Gulf Coast States have experienced loss of critical wetland habitats, erosion of barrier islands, imperiled fisheries, water quality degradation, and significant coastal land loss due to the alteration of hydrology and other human activities. Amplifying these issues, the Gulf Coast region has endured significant natural and man-made catastrophes in the last decade, including major hurricanes such as Katrina, Rita, Gustav, and Ike, and the Deepwater Horizon oil spill. Building on prior efforts to help ensure the long -term restoration and recovery of the Gulf Coast region, the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economics of the Gulf Coast States Act of 2012, or the RESTORE Act, was passed by Congress on June 29, 2012, and signed into law by President Obama on July 6, 2012, The RESTORE Act provides for planning and resources for a regional approach to the long- term health of the valuable natural ecosystems and economy of the Gulf Coast region, The RESTORE Act dedicates 80 percent of any civil and 30% divided among the States according to a formula to implement State expenditure plans, which require approval 2.5% + interest provided to NOAA for a monitoring, observation, science and technology program f interest allocatec Rates for Centers ellence 39)1, t interest managed by the 35%equally divided among Gulf Coast Ecosystem Restoration the five States for ecological Council for ecosystem restoration restoration, economic under the Comprehensive Plan development, and tourism promotion administrative penalties paid under the Clean Water Act, after the date Figure 1: Allocation of RESTORE Act Funds. of enactment, by responsible parties in connection with the Deepwater Horizon oil spill to the Gulf Coast Restoration Trust Fund (the Trust Fund) for ecosystem restoration, economic recovery, and tourism promotion in the Gulf Coast region (see Figure 1). Due to uncertainty around a variety of factors associated with ongoing litigation, the ultimate amount of administrative and civil GULF COAST ECOSYSTEM RESTORATION COUNCIL penalties that may be available h) the Trust Fund and the timing of their availability are currently unknown. However, on January 3,2V13° the United States announced that In/umooeuo[}cepvvater Inc. and related entities have agreed b] pay $l billion iucivil penalties for violating the Clean Water Act in relation totheir conduct in thoDeg,water Horizon oil spill. If that settlement isapproved by the court, 8O percent o[ the civil penalty payments will bn directed 10 the Trust Fund, Tn addition, the United States continues bm seek additional civil penalties from B9 Exploration and Production Inc. and Anadarko Petroleum Corporation, which may also provide funds for the Trust Fund. In addition to establishing the Trust Fuud, the RESTORE Act establishes the Gulf Coast Ecosystem Restoration Council (the Council) to help restore the ecosystem and economy u[ the Gulf Coast region by developing and overseeing implementation of Comprehensive Plan and carrying ¢utotherre^ponwibiliticu. The Council ischaired by the Secretary uf Commerce and includes the Governors o[ the States o[ Alabama, Florida, Louisiana, Mississippi and Texas and the Secretaries of the U.S. Departments n[ Agriculture, Army, Homeland Sncurityand the Interior, and the Administrator mf the O.3. Environmental Protection Agency. The Council has oversight over the expenditure nf sixty percent of tile funds made available from the Trust Fund. Thirty percent will bc administered for restoration and protection according b/the Comprehensive Plan developed by the Council. The other thirty percent will bc allocated bn the States according {na formula set forth io the RESTORE Act and spent according tmindividual State expenditure plans to contribute the overall economic and ecological rccnvnryo[<bo (]u>[ These State expenditure plans will be consistent with the goals and objectives of the Comprehensive Plan and are subject tV the Council's approval. The Council will oversee and implement this funding with the goal ofncoordinated Federal, State, and local long-term recovery approach. The Council recognizes this unique and unprecedented opportunity to implement a coordinated Golf restoration effort in o way that restores and protects the Gulf Coast environment, reinvigorates local economies, and creates jobs in the Gulf Coast region. 0i1icon(e}y, the Council aims to ensure the long-term environmental heultb and economic prosperity of the Gulf Coast region. This document, The Path Fonwmd to Restoring the Gu�f Coast (Path reflects the deliberations nf the Council {o date iodeveloping a more detailed initial Comprehensive Plan by July 2U}3. d fulfills the requirement of the RESTORE Act t0 publish m "Proposed Comprehensive Plan" no later than }8A days after the date o[its cnuctozcru. The Council is inmn early stage $[ plan development and intends to release a draft plan for public coroumnu( in Spring 2013' on dionuuuoj iu more detail below. Although this Path Forward does not identify specific projects and programs that potentially will be included in the initial Comprehensive Plan, i\ incorporates the findings and recommendations of the Gulf Coast Ecosystem Restoration Task Force (the Task Force), describes bovv the Council will build ou this work, and articulates the Council's path to collaboratively develop an initial Comprehensive Plan — a path that includes opportunities for the public ka inform the Council's decision-making. G0LFCQAS'F ECOSYSTEM RESTORATION COUNCIL 2 Building a Foundationafor Gulf Regional Restoration In the weeks after the Deepwater Horizon oil spill, President Obama appointed Secretary of the Navy Ray Mabus to develop a recovery plan that focused on the economy, the environment, and the health of the people of the Gulf Coast region. Secretary Mabus spent countless hours with local residents, businesses, and elected officials to develop a framework for long -term recovery. A key recommendation of Secretary Mabus was the establishment of a Congressionally - mandated inter jurisdictional governance structure to oversee and implement restoration in the Gulf Coast region. In October 2010, recognizing the persistent and significant ecological decline in the Gulf Coast region and responding to Secretary Mabus's recommendation, President Obama established the Task Force to identify the immediate needs of the Gulf while Congress could consider creating a more permanent Council. The Task Force was responsible for developing a strategy to address damage caused by the Deepwater Horizon oil spill and longstanding ecological challenges facing the Gulf Coast region. Led by EPA Administrator Lisa Jackson, the Task Force reviewed existing Federal and State efforts and produced a strategy based upon the ongoing work and priorities of each of the Gulf Coast States, relevant Federal agencies, local communities, Tribes, academics, nongovernmental organizations, businesses, and other Gulf residents. In December 2011, the Task Force released the Gulf of Mexico Regional Ecosystem Restoration Strategy (the Task Force Strategy), which identified four overarching goals to guide the collective actions at the local, State, and Federal levels to address the ongoing decline and restore the Gulf Coast's ecosystems. The -Initial Comprehensive Plan: Developing an Integrated Approach to Gulf Restoration Building on the strong foundation established by the Task Force and other local, regional, State, and Federal plans, the Council intends to provide an integrated approach to Gulf restoration, recognizing that ecosystem restoration is inextricably linked to economic growth and development. To help accomplish this broad vision, the Council will develop an initial Comprehensive Plan and approve State expenditure plans to restore and protect the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, barrier islands, dunes, coastal wetlands, and economy of the Gulf Coast. Consistent with the RESTORE Act, the initial Comprehensive Plan will include: (1) provisions necessary to incorporate the strategy, projects, and programs recommended by the "Task Force; (2) a list of any project or program authorized prior to enactment of the RESTORE Act, but not yet begun, the cornpletion of which would further the purposes and goals of the Comprehensive Plan and the RESTORE Act; (3) a description of the manner in which amounts from the Trust Fund projected to be made available to the Council for the next ten years will be allocated; and (4) subject to available funding, a three -year project and program priority list. The three -year list will be based on criteria included in the RESTORE Act — projects and programs providing the greatest contribution to restoring and protecting natural resources of the Gulf Coast region, large - scale projects and programs that will contribute to restoring and protecting natural resources of the Gulf Coast region, projects contained in existing Gulf Coast State GULF COAST ECOSYSTEM RESTORATION COUNCIL 3 comprehensive plans, and projects that restore long-term resiliency of the natural resources impacted by the Deepivater Horizon oil spill. The initial Comprehensive Plan aims to provide an integrated approach to Gulf restoration by setting out high-level guidance focused on restoration of natural resources and the jobs, communities, and economies those resources support. To provide this guidance, the initial Comprehensive Plan will adopt and expand on the four overarching Task Force Strategy goals: (1) Restore and Conserve Habitat; (2) Restore Water Quality; (3) Replenish and Protect Living Coastal and Marine Resources; and (4) Enhance Community Resilience. In addition to these four goals, the initial Comprehensive Plan will include a fifth goal, Restore and Revitalize the GutfEconomy. This fifth goal will focus on reviving and supporting a sustainable Gulf economy to ensure that those expenditures by the States authorized in the Act under the State allocation and the oil spill restoration impact allocation can be considered in the context of comprehensive restoration. Together, these five goals provide the overarching framework for an integrated approach for Gulf region-wide restoration. While focused on the long-term recovery of the Gulf, the initial Comprehensive Plan will invest in specific actions, projects, and programs that can be carried out in the near terra to help ensure on-the-ground results to restore the overall health of the ecosystem. The Council will ensure that the initial Comprehensive Plan is based on the best available science and can be adapted over time to incorporate new science, information, and changing conditions. In accordance with the timeline below (see Figure 2), the Council intends to develop this initial Comprehensive Plan by July 6, 2013 after notice and an opportunity for public comment. The Council will develop the initial Comprehensive Plan in collaboration with the people who live and work in the Gulf Coast region. The Council supports robust opportunities for public engagement to hear from individuals across the Gulf Coast region. The Council will post specific meeting times and locations for public engagement on its website: www.restorethe_eulf.,e rev, where the public can also submit comments. Public Engagement Council releases Draft Initial Opportunities in Five Gulf States Comprehensive Plan for Mclay public comment period Figure 2: Initial Comprehensive Plan Development Timeline. Council releases Initial Comprehensive Plan GULF COAST ECOSYSTEM RESTORATION COUNCIL 4 Coordination with Related Ffforts The Council recognizes that there are other partners critical bo restoring and sustaining the heo]tliuf the Gulf Coast region. The Council will closely coordinate its efforts, uo appropriate, with States, Federal agencies and other organizations working in the Gulf Coast region, including with any new projects aodpoognaozefundednodorothorsectinom of the RESTORE Act. Additionally, uu appropriate, tile Council will coordinate with other intergovernmental bodies and large-scale Gulf restoration initiatives to umvurc that efforts are complementary and mutually beoefiuim[ Two significant processes include the Deepwater Horizon Natural Resource Damage Assessment, and upon judicial review and approval, the implementation o[criminal settlement funds for ecosystem restoration by the National Fish and Wildlife Foundation. While each process ie subject todifferent requirements for investing resources, funding from each of these efforts will be directed to restoration in the Gulf Coast region. The Council will work closely with its partners to advance common goals, reduce duplication, and maximize the benofitotm the Gulf Coast region. the goal of the Council is simple: Ux use the funds available to foster and more resilient Gulf Coast The Council will build oo the Task Force Strategy; coordinate with other oignifioautGulf restoration efforts; strive to make policy and regulatory processes associated with restoration projects more efficient; and leverage the best ideas from the Gulf communities in develop, and, once funding bcuooucu available, implement om initial Comprehensive Plan. The Council looks forward to working with the citizens of the Gulf Coast ou the challenging and important tasks ahead. GULF COAST ECOSYSTEM RESTORATION COUNCIL wa LD LD m c f] FL c u C A 2. AIM o :9 2-6 cc Q flo as .01 :1. 0 0 Fm 4M� na LEo lok eG7r2. Al 93 E y pro � . .- E dA