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Agenda Packet City Council - 07/08/2014
Corpus Christi 1201 Leopard Street p Corpus Christi,TX 78401 cctexas.com ply � xF Meeting Agenda - Final olltukllffl ""o City Council Tuesday,July 8,2014 11:30 AM Council Chambers Public Notice --THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office(at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Nelda Martinez to call the meeting to order. B. Invocation to be given by Reverend Dennis Williams, Mount Pilgrim Baptist Church. C. Pledge of Allegiance to the Flag of the United States to be led by Lawrence Mikolajczyk, Director of Solid Waste Operations. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 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 71712014 City Council Meeting Agenda-Final July 8, 2014 PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. City Performance Report -Code Enforcement b. Other H. EXECUTIVE SESSION: (ITEMS 1 -5) 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. 1. 14-00710 Executive Session pursuant to Section 551.071 of theTexas Government Code and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys on annexation, with possible action and discussion in open session 2. 14-00756 Executive session pursuant to Section 551.071 of the Texas Government Code for consultation with attorneys regarding fire collective bargaining negotiations with possible discussion and action in open session 3. 14-00757 Executive session pursuant to Section 551.087 of the Texas Government Code to discuss confidential commercial or financial information pertaining to Solid Rock Commercial Properties, Ltd. that the Corporation seeks to have locate, stay, or expand within the City limits and with which the Corporation 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 4. 14-00766 Executive session pursuant to Section 551.071 of the Texas Corpus Christi Page 2 Printed on 71712014 City Council Meeting Agenda-Final July 8, 2014 Government Code for consultation with attorneys to seek advice on contract matters and potential litigation, with possible action and discussion in open session. 5. 14-00763 Executive session pursuant to Section 551.074 of the Texas Government Code, regarding City Auditor employment including compensation and benefits, with possible discussion and action in open session. I. MINUTES: 6. 14-00767 Regular Meeting of June 24, 2014 Attachments: Minutes-June 24, 2014 J. BOARDS &COMMITTEE APPOINTMENTS: 7. 14-00769 Corpus Christi Business and Job Development Corporation Planning Commission Attachments: 07-08-14 Boards&Commissions K. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed;may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance;or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting,such agendas are incorporated herein for reconsideration and action on any reconsidered item. L. CONSENT AGENDA: (ITEMS 8 -20) 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. 8. 14-00589 Service agreement for used tire disposal Motion approving a service agreement with Santa Anita Reclamation Project LLC, Linn, Texas for Used Tire Disposal in accordance with Bid Invitation No. BI-0138-14, based on only bid for an estimated annual expenditure of$79,200.00, of which $26,400.00 is required for the remainder of FY 2013-2014. The term of the contract will be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the Contractor and the City Manager or designee. Funds have been budgeted by the Corpus Christi Page 3 Printed on 71712014 City Council Meeting Agenda-Final July 8, 2014 Maintenance Services and Solid Waste Departments in FY 2013-2014. Attachments: Agenda Memo- Used Tire Disposal Bid Tabulation- Used Tire Disposal Service Agreement- Used Tire Disposal 9. 14-00595 Purchase and installation of emergency equipment for police Tahoes Motion approving the purchase and installation of emergency equipment on fourteen (14) Police Tahoes from CAP Fleet Upfitters, Temple, Texas for a total amount of$126,539.42. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funds have been budgeted in FY 2013-2014. Attachments: Agenda Memo- Emergency Equipment for Police Tahoes.pdf Price Sheet- Emergency Equipment for Police Tahoes.pdf 10. 14-00676 Interlocal agreements with area school districts for summer transportation Resolution authorizing the City Manager or designee to execute separate Interlocal Agreements with the Calallen Independent School District, the Corpus Christi Independent School District, and the Flour Bluff Independent School District to provide transportation services for summer youth recreation programs. Attachments: Agenda Memo-Summer 2014 IAs transportation Resolution - Summer 2014 IAs transportation Transportation IA CCISD.2014 Transportation IA.Calallen.2014 Transportation IA.FlourBluff.2014 11. 14-00636 Engineering design contract amendment no. 3 for Padre Island Water Supply Study Motion authorizing the City Manager, or designee, to execute Amendment No. 3 to an Engineering Design Contract with Urban Engineering from Corpus Christi, Texas in the amount of$141,323, for a total re-stated fee of$738,539, for the Padre Island Water Supply Study for the extension of the 8-inch diameter gas line from the termination point of the Padre Island Water Supply project to Aquarius Street. Attachments: Agenda Memo- Padre Island Water Supply Study Project Budget- Padre Island Gas Line Extension Location Map- Padre Island Water Supply Study.pdf Amendment No. 3- Padre Island Water Supply Study.pdf Presentation- Padre Island Water Supply Study.pdf Corpus Christi Page 4 Printed on 71712014 City Council Meeting Agenda-Final July 8, 2014 12. 14-00674 Interlocal agreement with Downtown Management District for public outreach and coordination in downtown area Resolution authorizing the City Manager, or designee, to execute an Interlocal agreement with the Corpus Christi Downtown Management District (DMD) in the amount of$160,000 over a three year period to provide coordination and public outreach between the City and stakeholders involved in projects in the downtown area. Attachments: Agenda Memo-Contract w Downtown Management District for Construction OL Resolution -Contract w Downtown Management District.pdf Interlocal Agreement-Contract Downtown Management District.pdf 13. 14-00641 Second Reading Ordinance - Rezoning from the "RM-1" Multifamily 1 District and the "RM-3" Multifamily 3 District to "CG-2" General Commercial District, on property located at 5879 South Padre Island Drive (1st Reading 6124114) Case No. 0514-03 Williams Airline Partners, Ltd. : A change of zoning from the "RM-1" Multifamily 1 District and the "RM-3" Multifamily 3 District to "CG-2" General Commercial District, resulting in a change to the Future Land Use Plan from medium density residential to commercial uses. The property is described as being an 8.74 tract of land out of a portion of Lot 1-11, Wilkey Addition Unit 2, located along the north side of Williams Drive approximately 630 feet west of Airline Road. Planning Commission and Staff Recommendation (May 21, 2014): Approval of the change of zoning from the "RM-1" Multifamily 1 District and the "RM-3" Multifamily 3 District to the "CG-2" General Commercial District. Ordinance Ordinance amending the Unified Development Code ("UDC') upon application by Williams Airline Partners, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to a 8.74-acre tract of land out of a portion of Lot H1, Wilkey Addition Unit 2, from the "RM-1" Multifamily 1 District and "RM-3" Multifamily 3 District to the "CG-2" General Commercial District; amending the Comprehensive Plan to account for any deviations, and providing for a repealer clause and publication. Attachments: Agenda Memo-Williams Airline Partners, Ltd Ordinance-Williams Airline Partners, Ltd Zoning Report-Williams Airline Partners, Ltd Aerial Overview Map-Williams Airline Partners, Ltd 14. 14-00661 Second Reading Ordinance - Rezoning from the "RM-1" Multifamily 1 District to the "CG-2" General Commercial District, on property located at 5038 and 5042 Concord Street and 5013 Monitor Street Corpus Christi Page 5 Printed on 71712014 City Council Meeting Agenda-Final July 8, 2014 (1st Reading 6/24/14) Case No. 0514-02 Roque Enriquez: A change of zoning from the "RM-1" Multifamily 1 District to the "CG-2" General Commercial District, not resulting in a change to the Future Land Use Plan. The property is described as Lots 1, 2 and 42, Block 4, South Park Subdivision, located along South Padre Island Drive (SH 358) between Concord Street and Monitor Street. Planning Commission and Staff Recommendation (May 21, 2014): Approval of the change of zoning from the "RM-1" Multifamily 1 District to the "CG-2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Roque Enriquez and Dalia Enriquez ("Owners"), by changing the UDC Zoning Map in reference to Lots 1, 2 and 42, Block 4, South Park Subdivision, from the "RM-1" Multifamily 1 District to the "CG-2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo-Roque Enriquez Ordinance- Roque Enriquez and Dalia Enriquez Zoning Report-Roque Enriquez Aerial Overview Map- Roque Enriquez 15. 14-00662 Second Reading Ordinance - Rezoning from the "ON" Office District to the "ON/SP" Office District with a Special Permit, on property located at 5517 Alameda Street (1st Reading 6/24/14) Case No. 0514-01 Lutheran Properties, Inc.: A change of zoning from the "ON" Office District to the "ON/SP" Office District with a Special Permit. The property to be rezoned is described as being Lots 3 and 4, Club House Place, located along the south side of South Alameda Street, between University Drive and Palmetto Street. Planning Commission and Staff Recommendation (May 7, 2014): Approval of the change of zoning from the "ON" Office District to the "ON/SP" Office District with a Special Permit. Ordinance: Ordinance amending the Unified Development Code ("UDC') upon application by Lutheran Properties, Inc. ("Owner"), by changing the UDC Zoning Map in reference to Lots 3 and 4, Club House Place, from the "ON" Office District to the "ON/SP" Office District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. Corpus Christi Page 6 Printed on 71712014 City Council Meeting Agenda-Final July 8, 2014 Attachments: Agenda Memo- Lutheran Properties, Inc. Ordinance- Lutheran Properties, Inc. Zoning Report-Lutheran Properties, Inc. Aerial Overview Map- Lutheran Properties, Inc. 16. 14-00688 Second Reading Ordinance - Rezoning from "CG-2" General Commercial District to "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 1 and from "CG-2/PUD" General Commercial District with a Planned Unit Development Overlay to "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 2, on property located at the northeast corner of Laguna Shores Road and Caribbean Drive (1st Reading 6/24/14) Case No. 01213-01 Laguna Village, Inc.: A change of zoning from the "CG-2" General Commercial District to the "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 1 and from the "CG-2/PUD" General Commercial District with a Planned Unit Development Overlay to the "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 2. The property to be rezoned is described as being a 3.0-acre tract of land out of all of Lot 1-A, the remaining portions of Lots 1, 2 and 3, and all of Lots 15, 16, 17, 18 and 19, Surfside Addition located on the northeast corner of Laguna Shores Road and Caribbean Drive. Planning Commission and Staff Recommendation (May 21, 2014): Approval of the change of zoning from the "CG-2" General Commercial District to the "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 1 and from the "CG-2/PUD" General Commercial District with a Planned Unit Development Overlay to the "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 2. Ordinance: Ordinance amending the Unified Development Code ("UDC') upon application by Laguna Village, Inc. ("Owner"), by changing the UDC Zoning Map in reference to a 3.0-acre tract of land out of all of Lot 1-A, the remaining portions of Lots 1, 2 and 3, and all of Lots 15, 16, 17, 18 and 19, Surfside Addition, from the "CG-2" General Commercial District to the "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 1 and from the "CG-2/PUD" General Commercial District with a Planned Unit Development Overlay to the "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 2; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. Corpus Christi Page 7 Printed on 71712014 City Council Meeting Agenda-Final July 8, 2014 Attachments: Agenda Memo- Laguna village, Inc. Ordinance- Laguna village, Inc. Zoning Report-Laguna village, Inc. Aerial overview Map- Laguna village, Inc. 17. 14-00699 Second Reading Ordinance -Accepting a grant for Internet Crimes Against Children Task Force program (1st Reading 6124114) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Office of Juvenile Justice and Delinquency Prevention Internet Crimes Against Children (ICAC) Task Force program, in the amount of$7,981 to purchase equipment for the ICAC program within the Police Department; and appropriating the $7,981 in the No. 1061 Police Grants Fund. Attachments: Agenda memo- ICAC grant approp 06.24.2014 Grant Contract- 1450386 Corpus Christi Police Department 2014 Ordinance- ICAC grant 2nd 2014- Police 18. 14-00705 Second Reading Ordinance -Appropriating miscellaneous funds for the purchase of equipment (1st Reading 6124114) Ordinance appropriating $2,861.60 from donations and reimbursements received by the Police Department; and changing the FY 2013-2014 Operating Budget adopted by Ordinance No. 029915 by increasing revenue and expenditures in the General Fund No. 1020 by $2,861.60 each Attachments: Agenda memo- Miscellaneous deposits 06.24.2014 Ordinance- Donation Appropriation-2014- Police 19. 14-00644 Second Reading Ordinance -Appropriating surcharge funds for golf course capital improvements (1st Reading 6124114) Ordinance appropriating $107,994.50 from the Reserve Golf Course Development account inFund No. 4691 Golf Capital Reserve Fund for golf course improvements; and changing FY2013-2014 Operating Budget adopted by Ordinance No. 029915 by increasing expenditures by $107,994.50. Attachments: Agenda Memo-Golf Surcharge Appropriation Ordinance-Golf Course Appropriation-2014- Parks Attachment 1 - FCCG Capital Pre Oct2014 Attachment 2-4691 Fd Bal 20. 14-00646 Second Reading Ordinance - Reimbursement agreement for developer for the construction of a water arterial transmission and grid main line for Kitty Hawk Development, Ltd located south of South Staples Street, between Kitty Hawk Drive and County Road Corpus Christi Page 8 Printed on 71712014 City Council Meeting Agenda-Final July 8, 2014 41 (1st Reading 6124114) Ordinance authorizing City Manager or Designee to execute a water arterial and grid main construction and reimbursement agreement ("Agreement") with Kitty Hawk Development, Ltd., ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $73,153.29 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the developer in accordance with the Agreement. Attachments: Agenda Memo-Waters Edge at Kitty Hawk Ordinance-Waters Edge at Kitty Hawk Aerial Overview Map-Waters Edge at Kitty Hawk Executed Agreement with Exhibits-Waters Edge at Kitty Hawk M. PUBLIC HEARINGS: (ITEMS 21 -22) 21. 14-00738 Public Hearing and First Reading Ordinance -Rezoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District on Tract 1 and to the "CN-1" Neighborhood Commercial District on Tract 2, on property located at 6902 South Staples Street Case No. 0614-01 Dalia Ayala Holdings, LLC and Gonzalez Family Partnership, Ltd.: A change of zoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District on Tract 1 and to the "CN-1" Neighborhood Commercial District on Tract 2. The property to be rezoned is described as 7.61 Acres out of Lots 17, 18, 31 and 32, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, located on the east side of South Staples Street, approximately 300 feet north of Corsica Road. Planning Commission and Staff Recommendation (June 4, 2014): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District on Tract 1 and to the "CN-1" Neighborhood Commercial District on Tract 2. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Dalia Ayala Holdings, LLC and Gonzalez Family Partnership, Ltd. ("Owners"), by changing the UDC Zoning Map in reference to 7.61 acres out of Lots 17, 18, 31 and 32, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District on Tract 1 and to the "CN-1" Neighborhood Commercial District on Tract 2; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Corpus Christi Page 9 Printed on 71712014 City Council Meeting Agenda-Final July 8, 2014 Attachments: Agenda Memo- Dalia Ayala Holdings, LLC Ordinance- Dalia Ayala Holdings, LLC Zoning Report-Dalia Ayala Holdings, LLC Aerial Map-Dalia Ayala Holdings, LLC 22. 14-00731 Public Hearing and First Reading Ordinance -Rezoning from the "RE" Residential Estate District to the "RS-6" Single-Family 6 District, on property located at 829 Caribbean Drive Case No. 0614-02 Mostaghasi Investment Trust: A change of zoning from the "RE" Residential Estate District to the "RS-6" Single-Family 6 District. The property to be rezoned is described as 19.271 Acres out of Lots 12 and 13, Section 50, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of Caribbean Drive approximately 1,900 feet east of Flour Bluff Drive. Planning Commission and Staff Recommendation (June 4, 2014): Approval of the change of zoning from the "RE" Residential Estate District to the "RS-6" Single-Family 6 District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Mostaghasi Investment Trust ("Owner"), by changing the UDC Zoning Map in reference to 19.271 Acres out of Lots 12 and 13, Section 50, Flour Bluff and Encinal Farm and Garden Tracts, from the "RE" Residential Estate District to the "RS-6" Single-Family 6 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo- Mostaghasi Investment Trust Ordinance- Mostaghasi Investment Trust Zoning Report-Mostaghasi Investment Trust Aerial Map-Mostaghasi Investment Trust N. REGULAR AGENDA: (NONE) The following items are motions, resolutions and ordinances that will be considered and voted on individually. O. FIRST READING ORDINANCES: (ITEMS 23 -27) 23. 14-00745 First Reading Ordinance - Appropriating funds for the repair of wrecked CNG refuse truck Ordinance appropriating a total of $99,526.64 for the repair of one (1) wrecked CNG refuse truck by Heil of Texas, San Antonio, TX, based on sole source; appropriating $50,405.45 of revenue from insurance Corpus Christi Page 10 Printed on 71712014 City Council Meeting Agenda-Final July 8, 2014 proceeds in the No. 5110 Fleet Maintenance Services Fund; appropriating $49,121.19 from the unreserved fund balance in the No. 5110 Fleet Maintenance Services Fund; and changing the operating budget adopted by Ordinance No. 029915 by increasing revenue by $50,405.45 and expenditures by $99,526.64. Attachments: Agenda Memo-Truck Repair Price Sheet-Truck Repair.pdf Ordinance-Truck Repair 24. 14-00713 First Reading Ordinance - Amending the City Code of Ordinances regarding the Landmark Commission duties and membership. Ordinance amending the City Code of Ordinances regarding the Landmark Commission Duties and Membership. Attachments: Agenda Memo-Landmark Commission Amendment Ordinance- Landmark Commission Amendment 25. 14-00762 First Reading Ordinance -Appropriating funds to implement the Community Paramedicine Program Ordinance appropriating $500,000 from the unreserved fund balance in the No. 1020 General Fund to implement the Community Paramedicine Program under the Corpus Christi - Nueces County Public Health District's 1115 Transformation Waiver; changing the FY 2013-2014 operating budget adopted by ordinance No 029915 by increasing expenditures by $500,000. Attachments: Agenda Memo- 1115 Waiver Ordinance- 1115 Waiver Presentation-Community Paramedicine Program CMS approval for 3 year project(5.21.14).pdf 26. 14-00729 First Reading Ordinance -Closing a portion of a utility easement located south of the Leopard Street public right-of-way, and east of the North Staples Street public right-of-way Ordinance abandoning and vacating a 1,226-square foot portion of a 5-foot wide utility easement out of a part of Lots 8-10, Blk. 40, Bluff Portion Subdivision, located south of the Leopard Street public right-of-way, and east of the North Staples Street public right-of-way; and requiring the owner, Regional Transportation Authority (RTA), to comply with the specified conditions. Attachments: Agenda Memo-Bluff Portion Subdivision, Blk 40, Lots 8-10 Ordinance- Bluff Portion Subdivision, Blk 40, Lots 8-10 27. 14-00740 First Reading Ordinance - Reimbursement agreement for the construction of a distribution main extension line located on the Corpus Christi Page 11 Printed on 71712014 City Council Meeting Agenda-Final July 8, 2014 east side of State Highway 181, on the corner of East Causeway Boulevard and Treasure Avenue Ordinance authorizing the City Manager or designee to execute a Distribution Main Extension Construction and Reimbursement Agreement ("Agreement") with Groomer Seafood of San Antonio, Inc. ("Developer"), up to $49,992.25 for the City's share of the costs incurred by Developer to extend an 8-inch distribution waterline on Surfboard Avenue in accordance with the Agreement. Attachments: Agenda Memo-Groomer Seafood, BROOKLYN ADDITION BLK 78 LT 2R Ordinance-Groomer Seafood BROOKLYN ADDITION BLK 78 LT 2R Agreement-Groomer Seafood, BROOKLYN ADDITION BLK 78 LT 2R Location Map-Groomer Seafood, BROOKLYN ADDITION BLK 78 LT 2R P. RECESS TO CORPORATION MEETING: (ITEM 28) 28. 14-00714 Board of Directors Meeting of the Corpus Christi Community Improvement Corporation Board of Directors Meeting of the Corpus Christi Community Improvement Corporation Attachments: Agenda Memo for CCCIC Board Meeting 06-2014 CCCIC Board Meeting Agenda Minutes-August 27, 2013 Treasurers Report Resolution -Fiscal Year Change Q. RECONVENE COUNCIL MEETING: R. FUTURE AGENDA ITEMS: (ITEMS 29 -38) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 29. 14-00736 Purchase of Tahoe police pursuit vehicles Motion approving the purchase of three (3) Tahoe police pursuit vehicles from Caldwell Country Chevrolet, Caldwell, Texas for a total amount of $97,148.23. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funds have been budgeted in FY 2013-2014. Attachments: Agenda Memo- Purchase of Tahoe Police Pursuit Vehicles Price Sheet- Purchase of Tahoe Police Pursuit Vehicles.pdf 30. 14-00592 Supply agreement for blueprinting services Corpus Christi Page 12 Printed on 71712014 City Council Meeting Agenda-Final July 8, 2014 Motion approving a supply agreement with ARC Document Solutions, Corpus Christi, Texas for blueprinting services in accordance with Bid Invitation No. BI-0160-14 based on only bid for an estimated annual expenditure of$116,009.74, of which $19,334.97 is required for the remainder of FY 2013-2014. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the using departments in FY 2013-2014. Attachments: Agenda Memo- Blueprinting Services.pdf Bid Tabulation- Blueprinting Services.pdf 31. 14-00593 Supply agreement for liquid ammonium sulfate Motion approving a supply agreement with Chemtrade Chemicals US LLC, Parsippany, New Jersey for liquid ammonium sulfate in accordance with Bid Invitation No. BI-0161-14 based on lowest responsible bid for an estimated semi-annual expenditure of $119,000.00, of which $9,916.67 is required for the remainder of FY 2013-2014. The term of the agreement shall be for six (6) months with options to extend for up to five (5) additional six-month periods, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Utilities Department in FY 2013-2014. Attachments: Agenda Memo- Liquid Ammonium Sulfate.pdf Bid Tabulation- Liquid Ammonium Sulfate.pdf 32. 14-00715 Supply Agreement for Gate Valves Motion approving a supply agreement with Ferguson Enterprises, Corpus Christi, Texas for gate valves in accordance with Bid Invitation No. BI-0184-14 based on lowest responsible bid for an estimated annual expenditure of$127,880.60, of which $21,313.43 is required for the remainder of FY 2013-2014. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the supplier and the City Manager or designee. These items are purchased into the Warehouse Inventory and charged out to the Utilities Department. Attachments: Agenda Memo-Gate valves.pdf Bid Tabulation-Gate valves.pdf 33. 14-00721 Purchase of railcar weigh scales Motion approving the purchase of two (2) railcar weigh scales from Walz Scale, East Peoria, Illinois based on sole source for a total amount of $214,000.00. Funds have been budgeted by the Utilities Department in FY 2013-2014. Corpus Christi Page 13 Printed on 71712014 City Council Meeting Agenda-Final July 8, 2014 Attachments: Agenda Memo- Purchase of Railcar Weigh Scales(2) Price Sheet- Railcar Weigh Scales.pdf 34. 14-00722 Sole source agreement for the purchase, installation and maintenance support of ActiveG software Motion approving a sole source agreement with ActiveG, LLC., of Mesa, Arizona, for the purchase of software license, installation services and maintenance support of ActiveG software for a total expenditure of $177,000 of which $149,800 is required for the remainder of FY2013-2014. Funds have been budgeted by the Municipal Information Services and the Utilities Department in FY2013-2014. Attachments: Agenda Memo-Sole Source Agreement with ActiveG, LLC.,for the purchase, ii Price Sheet-Sole Source Agreement with ActiveG, LLC., for the purchase, inst� Service Agreement-Sole Source Agreement with ActiveG, LLC., for the purcha 35. 14-00675 Engineering construction contract for repairing and replacing aging equipment at Greenwood Wastewater Treatment Plant Motion authorizing the City Manager or designee to execute a construction contract with Palacios Marine & Industrial Coating, Inc. of Palacios, Texas in the amount of$716,043.51, for the Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement for the base bid. Attachments: Agenda Memo-Greenwood WWTP Project Budget-Greenwod WWTP Location Map-Greenwood WWTP.pdf Presentation-GreenwoodWWTP 36. 14-00743 Engineering construction contract for Animal Control Remodel Improvements (BOND 2012) Motion authorizing the City Manager or designee to execute a construction contract with LNV, Inc., of Corpus Christi, Texas in the amount of$879,550.00, for the Animal Control Remodel Improvements for the Base Bid with Additive Bid Alternate#1 (Crematorium incinerator) and Additive Bid #2 (Dedicated outside air HVAC system). BOND 2012. Attachments: Agenda Memo-Animal Control Remodel Project Budget-Animal Control Remodel Imps Construction Contract Location Map-Animal Control Improvements Presentation-Animal Control Remodel Improvements 37. 14-00690 Advance Funding Agreement with Texas Department of Transportation (TXDOT)and Amendment No. 1 to Engineering Design Contract for Citywide Signage Upgrades and Citywide Street Overlay Corpus Christi Page 14 Printed on 71712014 City Council Meeting Agenda-Final July 8, 2014 Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for Citywide Signage Upgrade and Citywide Street Overlay with the City's participation in the amount of$283,999 (alongside TXDOT's participation of$1,136,004); and authorizing the City Manager or designee to execute Amendment No. 1 to an Engineering Design Contract with Govind Development, LLC from Corpus Christi, Texas in the amount of$139,335, for a total re-stated fee of$183,335, for Citywide Signage Upgrade and Citywide Street Overlay for the design, bid, and construction phase services. Attachments: Agenda Memo-Citywide Signs Upgrades Street Overlay Location Map-Citywide Signs Upgrades Street Overlay.pdf Amendment No. 1 -Citywide Signs Upgrades Street Overlay.pdf Advance Funding Agreement-Citywide Signage Upgrade Advance Funding Agreement-Citywide Street Overlay Project Budget-Citywide Signs Upgrades Street Overlay.pdf Presentation-Citywide Signs Upgrades Street Overlay.pdf 38. 14-00635 Memorandum of Understanding with Guadalupe-Blanco River Authority (GBRA) Resolution authorizing the City Manager or designee to execute a Memorandum of Understanding with Guadalupe-Blanco River Authority for joint development of water supply projects. Attachments: Agenda Memo-GBRA Memorandum-GBRA Resolution -GBRA S. BRIEFINGS TO CITY COUNCIL: (ITEM 39) The following items are for Council's informational purposes only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. 39. 14-00764 Columbus Ships Update Attachments: Agenda Memo-Columbus Ships Update Presentation-Columbus Ships Update Presentation T. ADJOURNMENT Corpus Christi Page 15 Printed on 71712014 Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Tuesday,June 24,2014 11:30 AM Council Chambers Public Notice --THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. A. Mayor Nelda Martinez to call the meeting to order. Mayor Pro Tern Colleen McIntyre called the meeting to order. B. Invocation to be given by Pastor Claude Axel, Mount Pilgrim Baptist Church. Pastor Claude Axel gave the invocation and included prayers for former Marina Superintendent Hugh Cook and his family. C. Pledge of Allegiance to the Flag of the United States to be led by Eddie Houlihan, Assistant Director of Management& Budget . Assistant Director of Management&Budget Eddie Houlihan led the Pledge of Allegiance. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and stated that a quorum of the Council and the required Charter Officers were present to conduct the meeting. City Secretary Huerta announced that Council Member Leal has been granted a leave of absence. (Note: Mayor Martinez arrived at 11:35 p.m.) Charter Officers: City Manager Ron Olson, Interim City Attorney Barney L. Knight,and City Secretary Rebecca Huerta. Present: 8- Mayor Nelda Martinez,Council Member Lillian Riojas,Council Member Mark Scott,Council Member Kelley AIIen,Council Member Rudy Garza,Council Member David Loeb,Council Member Chad Magill, and Council Member Colleen McIntyre Absent: 1 - Council Member Priscilla Leal E. Proclamations /Commendations 1. Proclamation declaring July 4, 2014 as, "July 4th Big Bang Celebration 2014" Corpus Christi Page 1 Printed on 71312014 City Council Meeting Minutes June 24,2014 Proclamation declaring July 2014 as, "Parks and Recreation Month" Proclamation declaring The Summer of 2014 as, "2014 Bay Jammin' Concert and Cinema Series" Mayor Martinez presented the proclamations. Mayor Martinez also presented Ryan Vise, Office of the Governor, a City pen and declared him an honorary member of the City of Corpus Christi. 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. Mayor Martinez called for comments from the public. Roy Jarbeaux spoke in opposition to decommissioning Holy Park. Jack Gordy spoke regarding city vehicles with expired inspection stickers and city employees using City issued credit cards for personal use. Jeannie Luck spoke in opposition to decommissioning Lee Manor Park. Phillip Gonzalez requested that the City release information to the pubic about the health risks associated with fluoride in municipal water.Joe Gonzales, Grace Vela, Diane Trevino,and Joe DeLeon spoke in opposition to decommissioning Brandywine Park.The following individuals requested that the Council support passing a resolution on the "Move to Amend"initiative: Colin Sykes,Sandra Heatherly,James Klein,Judy Landress,Ann Smith,and Carolyn Moon. Mayor Martinez announced that Item 17 was pulled from the day's agenda.The following individuals spoke in support of Item 17,the expansion of Junior Beck Drive to Old Brownsville Road: Guy Stone; Martin Chavez,Sean Murphy,Scott Lisk, Ruben Garza, Liz Gutierrez, Martha Ruiz, Elizabeth Saenz,Jim Parker, Travis Nelson, Commissioner Joe Gonzalez,and Hugo Berlanga. H. EXECUTIVE SESSION: (ITEM 2) Mayor Martinez referred to the day's executive session.The Council went into executive session. 2. Executive session pursuant to Section 551.071 of the Texas Government Code for consultation with attorneys regarding fire collective bargaining negotiations with possible discussion and action in open session This E-Session Item was discussed in executive session G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: The Council returned from executive session. Mayor Martinez referred to City Manager's Comments. Corpus Christi Page 2 Printed on 71312014 City Council Meeting Minutes June 24,2014 a. City Performance Report -Code Enforcement City Manager Olson stated that he asked Code Enforcement to deliver the City Performance Report at the next meeting. b. Other 1) Mr. Olson announced that Mayor Nelda Martinez received an award this week from the U.S. Conference of Mayors for her leadership contributions. 2) Mr. Olson re-emphasized the activities for the July 4th Big Bang Celebration.3) The last meetings to receive input on the City's new comprehensive plan, in conjunction with Plan CC,are scheduled for this week with the City-wide forum to be held on Saturday,July 28th from 9:00 a.m.to 1:00 p.m. at the American Bank Center.4) Mr. Olson encouraged the public to take advantage of the cooling centers located at Lindale and Greenwood Senior Centers.The cooling centers are open from now until October 3, 2014. Mayor Martinez announced that Council will hold a regular Council meeting on Tuesday,August 12th. I. MINUTES: 3. Regular Meeting of June 17, 2014 Mayor Martinez called for approval of the minutes. Council Member Garza made a motion to approve the minutes,seconded by Council Member Scott and passed unanimously. J. BOARDS &COMMITTEE APPOINTMENTS: 4. Human Relations Commission Library Board Mayor Martinez referred to board and committee appointments and the following appointments were made: Human Relations Commission Mayor Martinez made a motion to reappoint Merced Pena and Joel S. Mumphord, seconded by Council Member Loeb and passed unanimously. Mayor Martinez made a motion to appoint Saherish Surani,Sophie R.Susser, and Hayden Sutherland as Youth members,seconded by Council Member McIntyre and passed unanimously. Mayor Martinez made a motion to appoint Rene Saenz and Lyndon E.Smiling,seconded by Council Member McIntyre and passed unanimously. Mayor Martinez made a motion to appoint Joel S. Mumphod as Chair,seconded by Council Member Magill and passed unanimously. Library Board Council Member Magill made a motion to appoint Diana Broyles,seconded by Council Member Loeb and passed unanimously. Corpus Christi Page 3 Printed on 71312014 City Council Meeting Minutes June 24,2014 K. EXPLANATION OF COUNCIL ACTION: L. CONSENT AGENDA: (NONE) M. PUBLIC HEARINGS: (ITEMS 5 -9) 5. Public Hearing and Resolution -Decommissioning of Parks as identified in the Parks, Recreation and Open Space Master Plan Resolution finding, upon public hearing, that certain parcels of real property owned by the City and designated as park lands have no feasible and prudent use as park lands and that all reasonable planning efforts have been made to minimize harm to the city's park lands as a result of the sale or disposal of the specified parcels. Mayor Martinez referred to Item 5. Director of Parks and Recreation Michael Morris stated that through the Parks, Recreation and Open Space Master Plan process in 2012,there were 24 parks identified to decommission and repurpose. Mr. Morris provided information on the master plan;a location map of the parks planned for repurposing;a list of the parks and next steps. Council Member McIntyre made a motion to open the public hearing,seconded by Council Member Magill and passed. Mayor Martinez called for comments from the public.Art Norman, Roy Jarbeaux, Mary Lou Huffman,and Ray McMurry spoke in opposition to decommissioning the parks. Debbie Lindsey Opel spoke in support of decommissioning of parks and the need to maximize quality of space. Council members spoke regarding the following topics:the legal requirement to place this initiative on the ballot for voter approval;an explanation of timing of the resolution; instituting a notification process as part of the procedures similar to zoning cases; modifying the list prior to adoption of the election ordinance; Holly Park and Brandywine Park being the only two parks within a quadrant of major streets;whether Caribbean Park is in an accident potential zone and whether there is an ability to actually develop that property; consideration for the development of an incentive program to repurpose properties for reasonably priced housing; include language in an ordinance specifying that the proceeds from the sale of the parks will be used for park improvements;the criteria for the selection of parks and whether safety is one of the factors considered;and what becomes of the parks if there is not any interest to repurpose. Council Member McIntyre made a motion to direct staff to develop an ordinance for Council consideration establishing a procedure for notifying property owners,seconded by Council Member Scott and passed. Council Member Magill made a motion to direct staff to craft language in the ordinance to include that"any proceeds from the sale or disposal of park land will go back into the fund for existing park improvements",seconded by Council Member Loeb and passed. Council Member McIntyre made a motion to close the public hearing,seconded Corpus Christi Page 4 Printed on 71312014 City Council Meeting Minutes June 24,2014 by Council Member Scott and passed. This Resolution was passed and approved with the following vote: Aye: 8- Mayor Martinez, Council Member Riojas, Council Member Scott, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill and Council Member McIntyre Absent: 1 - Council Member Leal Abstained: 0 Enactment No: 030211 6. Public Hearing and First Reading Ordinance -Rezoning from the "RM-1" Multifamily 1 District and the "RM-3" Multifamily 3 District to "CG-2" General Commercial District, on property located at 5879 South Padre Island Drive Case No. 0514-03 Williams Airline Partners, Ltd. : A change of zoning from the "RM-1" Multifamily 1 District and the "RM-3" Multifamily 3 District to "CG-2" General Commercial District, resulting in a change to the Future Land Use Plan from medium density residential to commercial uses. The property is described as being an 8.74 tract of land out of a portion of Lot 1-11, Wilkey Addition Unit 2, located along the north side of Williams Drive approximately 630 feet west of Airline Road. Planning Commission and Staff Recommendation (May 21, 2014): Approval of the change of zoning from the "RM-1" Multifamily 1 District and the "RM-3" Multifamily 3 District to the "CG-2" General Commercial District. Ordinance Ordinance amending the Unified Development Code ("UDC') upon application by Williams Airline Partners, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to a 8.74-acre tract of land out of a portion of Lot H1, Wilkey Addition Unit 2, from the "RM-1" Multifamily 1 District and "RM-3" Multifamily 3 District to the "CG-2" General Commercial District; amending the Comprehensive Plan to account for any deviations, and providing for a repealer clause and publication. Mayor Martinez referred to Item 6. Miguel Saldana with Development Services stated that the purpose of this item is to rezone the subject property to allow for the extension of commercial zoning. Mr. Saldana stated that the Planning Commission and staff are in favor of the zoning change. Council Member Garza made a motion to open the public hearing,seconded by Council Member Magill and passed.There were no comments from the Council or the public. Council Member McIntyre made a motion to close the public hearing,seconded by Council Member Scott.This Ordinance was passed on first reading and approved with the following vote: Corpus Christi Page 5 Printed on 71312014 City Council Meeting Minutes June 24,2014 Aye: 8- Mayor Martinez, Council Member Riojas, Council Member Scott, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill and Council Member McIntyre Absent: 1 - Council Member Leal Abstained: 0 7. Public Hearing and First Reading Ordinance -Rezoning from the "RM-1" Multifamily 1 District to the "CG-2" General Commercial District, on property located at 5038 and 5042 Concord Street and 5013 Monitor Street Case No. 0514-02 Roque Enriquez: A change of zoning from the "RM-1" Multifamily 1 District to the "CG-2" General Commercial District, not resulting in a change to the Future Land Use Plan. The property is described as Lots 1, 2 and 42, Block 4, South Park Subdivision, located along South Padre Island Drive (SH 358) between Concord Street and Monitor Street. Planning Commission and Staff Recommendation (May 21, 2014): Approval of the change of zoning from the "RM-1" Multifamily 1 District to the "CG-2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Roque Enriquez and Dalia Enriquez ("Owners"), by changing the UDC Zoning Map in reference to Lots 1, 2 and 42, Block 4, South Park Subdivision, from the "RM-1" Multifamily 1 District to the "CG-2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 7. Miguel Saldana with Development Services stated that the purpose of this item is to allow for the expansion of an auto sales business. Mr.Saldana stated that the Planning Commission and staff were in favor of the zoning change. Council Member McIntyre made a motion to open the public hearing,seconded by Council Member Garza and passed. There were no comments from the Council or the public. Council Member McIntyre made a motion to close the public hearing, seconded by Council Member Garza and passed.This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Martinez, Council Member Riojas, Council Member Scott, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill and Council Member McIntyre Absent: 1 - Council Member Leal Abstained: 0 8. Public Hearing and First Reading Ordinance -Rezoning from the Corpus Christi Page 6 Printed on 71312014 City Council Meeting Minutes June 24,2014 "ON" Office District to the "ON/SP" Office District with a Special Permit, on property located at 5517 Alameda Street Case No. 0514-01 Lutheran Properties, Inc.: A change of zoning from the "ON" Office District to the "ON/SP" Office District with a Special Permit. The property to be rezoned is described as being Lots 3 and 4, Club House Place, located along the south side of South Alameda Street, between University Drive and Palmetto Street. Planning Commission and Staff Recommendation (May 7, 2014): Approval of the change of zoning from the "ON" Office District to the "ON/SP" Office District with a Special Permit. Ordinance: Ordinance amending the Unified Development Code ("UDC') upon application by Lutheran Properties, Inc. ("Owner"), by changing the UDC Zoning Map in reference to Lots 3 and 4, Club House Place, from the "ON" Office District to the "ON/SP" Office District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. Mayor Martinez referred to Item 8. Miguel Saldana with Development Services stated that the purpose of this item is to rezone the subject property to bring the current social service use in compliance with the Unified Development Code and expand an office use. Mr.Saldana stated that the Planning Commission and staff were in favor of the zoning change. Council Member McIntyre made a motion to open the public hearing, seconded by Council Member Allen and passed.There were no comments from the Council or the public. Council Member Scott made a motion to close the public hearing, seconded by Council Member McIntyre.This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Martinez, Council Member Rojas, Council Member Scott, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill and Council Member McIntyre Absent: 1 - Council Member Leal Abstained: 0 9. Public Hearing and First Reading Ordinance -Rezoning from "CG-2" General Commercial District to "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 1 and from "CG-2/PUD" General Commercial District with a Planned Unit Development Overlay to "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 2, on property located at the northeast corner of Laguna Shores Road and Caribbean Drive Case No. 01213-01 Laguna Village, Inc.: A change of zoning from the Corpus Christi Page 7 Printed on 71312014 City Council Meeting Minutes June 24,2014 "CG-2" General Commercial District to the "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 1 and from the "CG-2/PUD" General Commercial District with a Planned Unit Development Overlay to the "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 2. The property to be rezoned is described as being a 3.0-acre tract of land out of all of Lot 1-A, the remaining portions of Lots 1, 2 and 3, and all of Lots 15, 16, 17, 18 and 19, Surfside Addition located on the northeast corner of Laguna Shores Road and Caribbean Drive. Planning Commission and Staff Recommendation (May 21, 2014): Approval of the change of zoning from the "CG-2" General Commercial District to the "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 1 and from the "CG-2/PUD" General Commercial District with a Planned Unit Development Overlay to the "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 2. Ordinance: Ordinance amending the Unified Development Code ("UDC') upon application by Laguna Village, Inc. ("Owner"), by changing the UDC Zoning Map in reference to a 3.0-acre tract of land out of all of Lot 1-A, the remaining portions of Lots 1, 2 and 3, and all of Lots 15, 16, 17, 18 and 19, Surfside Addition, from the "CG-2" General Commercial District to the "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 1 and from the "CG-2/PUD" General Commercial District with a Planned Unit Development Overlay to the "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 2; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. Mayor Martinez referred to Item 9. Miguel Saldana with Development Services stated that the purpose of this item is to rezone the subject property to allow for the expansion and redesign of the previously approved Planned Unit Development. Mr.Saldana stated that the Planning Commission and staff were in favor of the zoning change. Council Member McIntyre made a motion to open the public hearing, seconded by Council Member Allen. Council members thanked staff for having an open mind on this rezoning.There were no comments from the public. Council Member McIntyre made a motion to close the public hearing,seconded by Council Member Loeb and passed.This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Martinez, Council Member Rojas, Council Member Scott, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill and Council Member McIntyre Absent: 1 - Council Member Leal Abstained: 0 Corpus Christi Page 8 Printed on 71312014 City Council Meeting Minutes June 24,2014 N. REGULAR AGENDA: (ITEMS 10 - 11) 10. Appointment of City Attorney Motion confirming the City Manager's appointment of Miles K. Risley to serve as City Attorney effective August 25, 2014. Mayor Martinez referred to Item 10. City Manager Ron Olson asked the Council to confirm his selection of Miles K. Risley to serve as City Attorney.There were no comments from the Council or the public.This Motion was passed and approved with the following vote: Aye: 8- Mayor Martinez, Council Member Riojas, Council Member Scott, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill and Council Member McIntyre Absent: 1 - Council Member Leal Abstained: 0 Enactment No: M2014-079 11. Second Reading Ordinance - Lease agreement for North Bayfront Park kiosk (1st Reading 5113114) Ordinance authorizing the City Manager or designee to execute a five year term lease agreement with the Corpus Christi Convention & Visitors Bureau for the North Bayfront Park Kiosk, located on North Shoreline Blvd, near the intersection with Resaca Street; Lessee agrees to pay the City $200 on a monthly basis beginning May 1, 2014; terminating a 1998 lease agreement with the Corpus Christi Business Alliance, a predecessor entity for the Corpus Christi Convention &Visitors Bureau, for the Tex Mex Railroad Depot located on North Chaparral Street; appropriating $1,000 of anticipated rental income in the No. 4710 Visitors Facility Fund for the maintenance of the North Bayfront Park Kiosk; changing the FY2013-2014 Operating Budget adopted by Ordinance No. 029915 by increasing revenues and appropriations by $1,000 each. Mayor Martinez referred to Item 11. Director of Parks and Recreation Michael Morris stated that the purpose of this item is to execute a lease agreement with the Corpus Christi Convention and Visitors Bureau for the North Bayfront Park Kiosk. There were no comments from the Council or the public.This Ordinance was passed on second reading and approved with the following vote: Aye: 8- Mayor Martinez, Council Member Riojas, Council Member Scott, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill and Council Member McIntyre Absent: 1 - Council Member Leal Abstained: 0 Corpus Christi Page 9 Printed on 71312014 City Council Meeting Minutes June 24,2014 O. FIRST READING ORDINANCES: (ITEMS 12 -18) 12. First Reading Ordinance -Accepting a grant for Internet Crimes Against Children Task Force program Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Office of Juvenile Justice and Delinquency Prevention Internet Crimes Against Children (ICAC) Task Force program, in the amount of$7,981 to purchase equipment for the ICAC program within the Police Department; and appropriating the $7,981 in the No. 1061 Police Grants Fund. Mayor Martinez referred to Item 12. Police Management Services Director Pat Eldridge stated that the purpose of this item is to accept and appropriate a grant from the Office of Juvenile Justice and Delinquency Prevention Internet Crimes Against Children Task Force program in the amount of$7,981 to purchase equipment for the Police Department. There were no comments from the Council or the public. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Martinez, Council Member Riojas, Council Member Scott, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill and Council Member McIntyre Absent: 1 - Council Member Leal Abstained: 0 13. First Reading Ordinance -Appropriating miscellaneous funds for the purchase of equipment Ordinance appropriating $2,861.60 from donations and reimbursements received by the Police Department; and changing the FY 2013-2014 Operating Budget adopted by Ordinance No. 029915 by increasing revenue and expenditures in the General Fund No. 1020 by $2,861.60 each Mayor Martinez referred to Item 13. Police Management Services Director Pat Eldridge stated that the purpose of this item is to appropriate$2,861.60 from donations and reimbursements received by the Police Department.There were no comments from the Council or the public.This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Martinez, Council Member Riojas, Council Member Scott, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill and Council Member McIntyre Absent: 1 - Council Member Leal Abstained: 0 14. First Reading Ordinance -Appropriating surcharge funds for golf course capital improvements Corpus Christi Page 10 Printed on 71312014 City Council Meeting Minutes June 24,2014 Ordinance appropriating $107,994.50 from the Reserve Golf Course Development account inFund No. 4691 Golf Capital Reserve Fund for golf course improvements; and changing FY2013-2014 Operating Budget adopted by Ordinance No. 029915 by increasing expenditures by $107,994.50. Mayor Martinez referred to Item 14. Director of Parks and Recreation Michael Morris stated that the purpose of this item is to appropriate reserve funds collected for golf course improvements.There were no comments from the Council or the public.This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Martinez, Council Member Riojas, Council Member Scott, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill and Council Member McIntyre Absent: 1 - Council Member Leal Abstained: 0 15. First Reading Ordinance - Lease agreement with Coastal Bend Friends of Aquatics for Parker pool Ordinance authorizing the City Manager or designee to execute a lease agreement for the Parker Pool with the Coastal Bend Friends of Aquatics for a term of five years. Mayor Martinez referred to Item 15. Director of Parks and Recreation Michael Morris stated that the purpose of this item is to approve a lease agreement with the Coastal Bend Friends of Aquatics for Parker Pool. Dorrinda Garza, Coastal Bend Friends of Aquatics, thanked the Council on behalf of Bill Barton and stated that he could not be in attendance because he was in Scotland coaching for the Scottish National Team. Ms. Garza also thanked Mr. Morris and the Park and Recreation staff for assisting with the agreement.Several council members spoke in support of the lease agreement.This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Martinez, Council Member Riojas, Council Member Scott, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill and Council Member McIntyre Absent: 1 - Council Member Leal Abstained: 0 16. First Reading Ordinance - Reimbursement agreement for developer for the construction of a water arterial transmission and grid main line for Kitty Hawk Development, Ltd located south of South Staples Street, between Kitty Hawk Drive and County Road 41 Ordinance authorizing City Manager or Designee to execute a water arterial and grid main construction and reimbursement agreement Corpus Christi Page 11 Printed on 71312014 City Council Meeting Minutes June 24,2014 ("Agreement") with Kitty Hawk Development, Ltd., ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $73,153.29 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the developer in accordance with the Agreement. Mayor Martinez referred to Item 16. Interim Assistant Director of Development Services Julio Dimas stated that the purpose of this item is to execute a water arterial transmission and grid main construction and reimbursement agreement with Kitty Hawk Development, Ltd.,for the construction of the water arterial transmission and grid main line and to appropriate the funds.There were no comments from the Council or the public.This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Martinez, Council Member Rojas, Council Member Scott, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill and Council Member McIntyre Absent: 1 - Council Member Leal Abstained: 0 17. First Reading Ordinance -Type A loan to Solid Rock Commercial Properties, Ltd. to extend Junior Beck Drive Approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and Solid Rock Commercial Properties, Ltd. ("Solid Rock") to provide an interest-free loan of up to $1,497,000 payable in 10 years, to expand Junior Beck Drive to Old Brownsville Road and authorizing the City Manager, or designee, to execute a Business Incentive Project Service Agreement with the Type A Corporation regarding implementation and administration of the Solid Rock Business Incentive Agreement; and appropriating $1,497,000 from the unreserved fund balance in the No. 1140 Business/Job Development Fund for said business incentive grant from the Type A Corporation to Solid Rock and changing the FY 2013-2014 operating budget, adopted by Ordinance No. 029915, by increasing proposed expenditures by $1,497,000. Mayor Martinez referred to Item 17 and stated that this item was pulled. 18. First Reading Ordinance - Ratifying lease assignment and approving amendment of lease agreement for additional office space at the airport Ordinance ratifying lease assignment to WDFG North America, LLC ("WDFG"), and authorizing the City Manager to execute a first amendment to the long-term lease agreement with WDFG to provide additional space for the operation of a news and gift concession at the Corpus Christi International Airport; providing for publication; providing Corpus Christi Page 12 Printed on 71312014 City Council Meeting Minutes June 24,2014 for severance. Mayor Martinez referred to Item 18. Director of Aviation Fred Segundo stated that the purpose of this item is to ratify the lease assignment of the Airport's news and gift shop at the Corpus Christi International Airport from HMS Host to World Duty Free Group(WDFG)and adding an additional 130 square feet of office space.There were no comments from the Council or the public. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Martinez, Council Member Riojas, Council Member Scott, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill and Council Member McIntyre Absent: 1 - Council Member Leal Abstained: 0 P. FUTURE CORPORATION MEETING: (ITEM 19) 19. Board of Directors Meeting of the Corpus Christi Community Improvement Corporation Board of Directors Meeting of the Corpus Christi Community Improvement Corporation Mayor Martinez referred to Item 19 and stated that the Corpus Christi Community Improvement Corporation will hold a future meeting at the next regularly scheduled Council meeting on July 8th. Q. FUTURE AGENDA ITEMS: (ITEMS 20 -24) Mayor Martinez referred to Future Agenda Items. City Manager Ron Olson stated that staff had a planned presentation on Item 24.A council member requested information on Item 23. 20. Service agreement for used tire disposal Motion approving a service agreement with Santa Anita Reclamation Project LLC, Linn, Texas for Used Tire Disposal in accordance with Bid Invitation No. BI-0138-14, based on only bid for an estimated annual expenditure of$79,200.00, of which $26,400.00 is required for the remainder of FY 2013-2014. The term of the contract will be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the Contractor and the City Manager or designee. Funds have been budgeted by the Maintenance Services and Solid Waste Departments in FY 2013-2014. This Motion was recommended to consent agenda. 21. Purchase and installation of emergency equipment for police Tahoes Corpus Christi Page 13 Printed on 71312014 City Council Meeting Minutes June 24,2014 Motion approving the purchase and installation of emergency equipment on fourteen (14) Police Tahoes from CAP Fleet Upfitters, Temple, Texas for a total amount of$126,539.42. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funds have been budgeted in FY 2013-2014. This Motion was recommended to consent agenda. 22. Interlocal agreements with area school districts for summer transportation Resolution authorizing the City Manager or designee to execute separate Interlocal Agreements with the Calallen Independent School District, the Corpus Christi Independent School District, and the Flour Bluff Independent School District to provide transportation services for summer youth recreation programs. This Resolution was recommended to consent agenda. 23. Engineering design contract amendment no. 3 for Padre Island Water Supply Study Motion authorizing the City Manager, or designee, to execute Amendment No. 3 to an Engineering Design Contract with Urban Engineering from Corpus Christi, Texas in the amount of$141,323, for a total re-stated fee of$738,539, for the Padre Island Water Supply Study for the extension of the 8-inch diameter gas line from the termination point of the Padre Island Water Supply project to Aquarius Street. This Motion was recommended to consent agenda. 24. Interlocal agreement with Downtown Management District for public outreach and coordination in downtown area Resolution authorizing the City Manager, or designee, to execute an Interlocal agreement with the Corpus Christi Downtown Management District (DMD) in the amount of$160,000 over a three year period to provide coordination and public outreach between the City and stakeholders involved in projects in the downtown area. This Resolution was recommended to consent agenda. R. BRIEFINGS TO CITY COUNCIL: (NONE) S. ADJOURNMENT The meeting was adjourned at 3:58 p.m. Corpus Christi Page 14 Printed on 71312014 a. CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION— Three (3)vacancies with terms to 7-31-16. DUTIES: Organized exclusively for the purpose of benefiting and accomplishing public purposes of, and to act on behalf of, the City, to undertake, maintain and finance projects through Propositions 4 and 5 approved by voters on November 7, 2000 and Propositions 2, 2a and 2b approved by voters on November 5, 2002. COMPOSITION: The affairs of the Corporation shall be managed by a board of directors which shall be composed of five persons appointed by the City Council of the City. The terms of the directors shall be two years, expiring on July 31 of each year. Directors may be appointed to succeed themselves. No Director may serve longer than six years consecutively, unless such service is required to complete an unexpired term. Each director must be a resident and qualified elector of the City. ORIGINAL MEMBERS TERMS APPTD. DATES *****Robert Tamez,President 7-31-14 7-08-08 R. Bryan Gulley, Vice-Pres. 7-31-15 7-12-11 *Bart Braselton 7-31-14 7-31-12 *Debbie Lindsey-Opel, Secretary 7-31-14 7-31-12 Gabriel Guerra 7-31-15 7-09-13 Legend: *Seeking reappointment "Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. %OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Bart Braselton 10 9 90% Debbie Lindsey-Opel 10 10 100% OTHER INDIVIDUALS EXPRESSING INTEREST: Armando Chapa 4610 Oso Parkway, 78413 Retired City Secretary, City of Corpus Christi. Received Bachelor's and Master's Degrees in Psychology from Texas A&I University, Kingsville, Texas. Certifications in field of work from International Institute of Municipal Clerks. Formerly active in: American G.I. Forum, Leadership Corpus Christi, United Way Board of Governors, LULAC, Coastal Bend Council on Alcoholism, Nueces County Community Action Agency, LULAC Hacienda Housing Project Board of Directors, and Texas Municipal League Region 11. Activities include: International Institute of Municipal Clerks, Association of City Clerks and City Secretaries of Texas, Texas Association of Elections Administrators, Coastal Bend Council of Governments, Texas Municipal League, National League of Cities and Association of Records Manager Administrators. (11127113) Chris Hamilton 4517 Jericho Rd., 78413 President, KIM Commercial, Inc. Received a B.S. in Construction Science from Texas A&M University Activities include: Buc Commissioner, Vice-Chairman of Planning Commission and Treasurer of Association of General Contractors. (Currently serves on Planning Commission, but is willing to resign if appointed.)(06 110114) Mike Wanzer 3445 Monterrey, 78411 Owner, Mike Wanzer A/C Co, Inc. HVAV Contractor. Received Open Meetings Act certification. Past President of Coastal Bend Air Conditioning Contractors Association (CBACCA). Former member and Chairman of PMAB (2005-2012) (08128112) b. PLANNING COMMISSION— Three (3) vacancies with terms to 7-31-16. DUTIES: To make and amend a master plan for the physical development of the City; to recommend to the City Council approval or disapproval of proposed changes in the zoning plan; to exercise control over platting or subdividing land within the corporate limits of the city and within an area extending five miles beyond the City limits; to submit annually to the City Manager not less than 90 days prior to the beginning of the budget year a list of recommended capital improvements which in the opinion of the commission are necessary or desirable during the forthcoming 5-year period; to require information from other departments of the City government in relation to its work; to be responsible to and act as an advisory body to the City Council and to perform such additional duties and exercise such additional powers as may be prescribed by ordinance of the City Council. In addition, members appointed to the Planning Commission are concurrently appointed to the Concurrent Beach/Dune Committee (§10-17). This committee reviews applications for master planned development ordinances from applicants seeking Beachfront Construction, and submit their recommendations to City Council. They also review the location of the Dune Protection Line and Beachfront Construction Line at least once every five years, or within 90 days after a tropical storm or hurricane affecting the portion of the coast lying within the City's jurisdiction. COMPOSITION: Nine (9) members which shall consist of nine registered voters of the City appointed by the City Council. The members of the commission shall be appointed by the City Council for staggered terms of three years. Members elect a chair from among its membership at the first regular meeting in August of each year. No member may serve longer than six years consecutively unless such service is required to complete an unexpired term. ORIGINAL MEMBERS TERM APPTD.DATE *****Mark Adame 7-31-14 7-08-08 **Marco Castillo 7-31-14 7-12-11 Philip John Ramirez, Chair 7-31-15 7-17-12 Chris Hamilton, Vice-Chair 7-31-15 7-17-12 Fred Braselton 7-31-16 7-17-12 Mike Lippincott 7-31-15 7-17-12 Curtis A. Rock 7-31-16 1-08-13 *Marsha Williams 7-31-14 7-09-13 Eric Villarreal 7-31-16 7-09-13 Legend: *Seeking reappointment "Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. %OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Marsha Williams 20 15 (Excused 3) 75% OTHER INDIVIDUALS EXPRESSING INTEREST: Jeremy Coleman 7210 Yaupon Dr, 78414 President/CEO, J.L. Liberty Services. Currently pursuing a BA in Business Administration at Del Mar College. Activities include: Brooks Chapel Early Childhood Center, Youth Council and Foundation of Corpus Christi, Camp Fire U.S.A., State of Texas Student council Assn., former Board Member of the City's Sister City Committee, Nueces County Community Action Agency, NAACP Health Committee, C.A.T.C.H. Youth, Inc. (07/15/13) Carl E. Crull 8025 Villefranche, 78414 Vice-President, HDR Engineering, Inc. Received a B.S. in Civil Engineering and an MBA. Former Assistant City Manager/Employee for City of Corpus Christi. Activities include: American Society of Civil Engineers (ASCE), Texas Society of Professional Engineers (TSPE), American Council of Engineering Companies (ACEC), Rotary Club, So. Texas Botanical Gardens board member. (6/19/13) Jonas Chupe 6065 Rio Vista Ave. 78412 Controlling Manager, voestalpine Texas, LLC and Adjunct Professor of Accounting, Del Mar College. Attended the University of Texas at Austin for Petroleum Technology (2014). Received MBA and MAcc from Texas A&M University-Corpus Christi. Activities include: Leadership Corpus Christi- Executive Committee, Rotary Club of Portland, TX, San Patricio Economic Development Corporation, Corpus Christi Yacht Club, Risk Management Association and Rotary International. (06125114) Heidi Hovda 1022 Harrison St. 78404 Financial Development, NuStar Energy. Received BA in English from Texas A&M University — Corpus Christi. Developed the Lindale Neighborhood Association, Co-Founder of The Art Summit. Activities include: Chair of the Arts and Cultural Commission, Board of Directors — Harbor Playhouse 2005-2007, and Coordinate, Plan and Develop ArtWalk with Corpus Christi Downtown Management District. (07109113) Burris W. McRee 5717 Oso Parkway, 78414 Real Estate Broker/Owner, Gulftex Properties, Inc. Holds Certified Property Manager (CPM) and Certified Commercial Investment Member (CCIM) designations from the National Association of Realtors, serves on BOD for two commercial condominium owners associations and Co- Chairman 2012 for Corpus Christi Chapter of Ducks Unlimited. (7125113) Mike Munoz 1058 Deforrest 78404 Project Manager, B.E. Beecroft Company, Inc. Received a BS in Construction from Texas A&M University-College Station. Activities include: Nueces County A&M Club (President Elect), and Leadership Corpus Christi - Class XLI. (8127113) Ernest Bert Rucker, Jr. 3535 Santa Fe, 78411 Architect/Owner, Rucker & Rucker, Inc. Received his B.Arch from Oklahoma State University. USN- Retired LCDR. Activities include: Was the Architect for restoration of the Gugenheim House in Heritage Park, Officer In Charge-Seabee Reserve, built stages for Bayfest. (8115113) Morgan Spear 56 Camden 78412 President/Owner, Morgan Spear Associates, Inc. Received B.Arch from University of Texas at Austin. Licensed to practice Architecture. Activities include: American Institute of Architects, C.C. Chapter of AIA, Texas Society of Architects, Church of the Good Shepherd, Alpha Tau Omega and Texas Exes. Board member of Centennial Heritage House and House Committee at Corpus Christi Country Club. (Currently serves on Board of Adjustment, but will resign if appointed.)(06-05-14) Theunis "Tim" Voorkamp 7614 Loire Blvd, 78414 Broker/Managing Partner/Owner, Corpus Christi Excel Properties Inc. /Nueces Tax Relief/TAVCO Construction. Retired Merchant Marine Captain, graduate of the U.S. Merchant Marine Academy. Licensed Real Estate Broker, Licensed Property Tax Consultant, and Registered Arbitrator with State of Texas. Activities include: Texas Assn. of Property Tax Professionals, National Association of Realtors, and Texas Real Estate Commission. (7/30/13) Nathan Westervelt 2718 Wind Rock Dr., 78410 Technical Services Manager, Core Engineering, LLC. Currently attending Del Mar College to pursue a degree in Mechanical Engineering. Member of River Hills Baptist Church. (8122113) d AGENDA MEMORANDUM oaPOwRko Future Item for the City Council Meeting of June 24, 2014 2852 Action Item for the City Council Meeting of July 8, 2014 DATE: June 24, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager christelam Qcctexas.corn (361) 826-3169 Jim Davis, Director of General Services jimd _cctexas.com (361)-826-1909 Lawrence Mikolajczyk, Director of Solid Waste Operations lawm _cctexas.com (361) 826-1972 Service Agreement for Used Tire Disposal CAPTION: Motion approving a service agreement with Santa Anita Reclamation Project LLC, Linn, Texas for Used Tire Disposal in accordance with Bid Invitation No. BI-0138-14, based on only bid for an estimated annual expenditure of $79,200.00, of which $26,400.00 is required for the remainder of FY 2013-2014. The term of the contract will be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the Contractor and the City Manager or designee. Funds have been budgeted by the Maintenance Services and Solid Waste Departments in FY 2013- 2014. PURPOSE: This service agreement will provide for the disposal of whole waste tires. The vendor is required to deliver empty trailers to the Service Center and JC Elliot and Cefe Valenzuela landfills, remove the loaded trailers and dispose of the tires in accordance with all applicable Federal, State and local regulations and requirements. BACKGROUND AND FINDINGS: All options to extend the previous contract have been exercised. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTALCLEARANCES: Solid Waste Operations, Maintenance Services FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $4,837,409.44 $52,800.00 $4,890,209.44 Encumbered / Expended Amount $2,398,015.98 $0 $2,398,015.98 This item $26,400.00 $52,800.00 $79,200.00 BALANCE $2,412,993.46 $0 $2,412,993.46 Fund(s): General, Maintenance Service Comments: The $26,400.00 financial impact shown above represents four (4) months of expenditures that will be encumbered through the end of this fiscal year. The remaining $52,800.00 for the last eight (8) months of the contract will be requested during the normal FY 2014-2015 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION BID INVITATION NO. BI-0138-14 BUYER: GERALD GOODWIN USED TIRE DISPOSAL SERVICE Santa Anita Reclamation, LLC Linn, TX UNIT EXTENDED ITEM DESCRIPTION QTY UNIT PRICE PRICE 1 Loaded Trailer— Elliott Landfill 26 Load $1,200 $31,200 2 Loaded Trailer— Cefe Landfill 26 Load $1,200 $31,200 3 Loaded Trailer— Maintenance Services 14 Load $1,200 $16,800 TOTAL: $ 79,200.00 USED TIRE DISPOSAL SERVICE AGREEMENT Service Agreement No. THIS Used Tire Disposal Service Agreement (this "Agreement") is entered into by and between Santa Anita Reclamation Project LLC (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 Used Tire Disposal Service in response to Bid Invitation No. BI-0138-14 (which includes Specification 1106 dated 03/09/11) which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be the lowest responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide Used Tire Disposal Service in accordance with Bid Invitation No. BI-0138-14 (which includes Specification 1106 dated 03/09/11) (Exhibit A). 2. Term. This Agreement is for one (1) year commencing on the date signed by the last signatory hereto and continuing for one (1) year thereafter. 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. 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 Solid Waste Contract Administrator and Maintenance Service Contract Administrator. 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 Solid Waste Contract Administrator and Maintenance Service Contract Administrator 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 September 30th), 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 Bid Invitation No. BI-138-14 (which includes Specification 1106 dated 03/09/11), or the Contractor's bid offer to Bid Invitation No.BI-0138-14 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 Solid Waste Contract Administrator and Maintenance Service Contract Administrator. 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 Bid Invitation No. BI-0138-14 (which includes Specification 1106 dated 03/09/11). Failure to keep all insurance policies and performance bonds in force for the entire term of this Agreement is grounds for termination. The Solid Waste Contract Administrator and Maintenance Service 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: Solid Waste Contract Administrator P.O. Box 9277 Corpus Christi,Texas 78469-9277 IF TO CONTRACTOR: Contractor Santa Anita Reclamation Protect LLC Contact Elva Walker Address: P.O.Box 354 City, State, Linn,Texas 78563 - 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, not to exceed six (6) 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 HIND OF DAMAGE WHATSOVER, INCLUDING ALL LIABILITY FOR DAMAGES ON ACCOUNT OF OR BY REASON OF BODILY INJURY, INCLUDING DEATH, NOT LIMITED TO THE EMPLOYEES OF CONTRACTOR, THE CITY, AND OF ANY SUBCONTRACTOR OR CONTRACTOR, AND FROM AND AGAINST ANY AND ALL DAMAGES TO PROPERTY,INCLUDING PROPERTY OFTHE CITY OF CORPUS CHRISTI AND OF THIRD PARTFE S,DrRECT AND/OR CONSEQUENTIAL, CAUSED BY OR ARISING OUT OF,IN WIMLE OR IN PART,CPR CTS AIMEDTO HAVE BEEN CAUSED BY OR ]PO HAVE ARISEN OUT ()F, IN WHOLE OR IN PART, AN ACT OF, OMISSION OF CONTRACTOR OR ITS AGENTS, EMPLOYEES, VE NDORS, OR SUBCONTRACTORS, OF TREIR EMPLOYEES OR AGENTS IN CONNECTION WITH THE PE'RFORMANCE O.FTHE CONTRACT, WHETIMR OR NOT INSURED AGAINST, INCLUDING ALI., EXPENSES OF LITIGATION, COURT COSTS,.ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE, CLAIME D TO ARISE OUT OF OR IN CONNEC'nON WITH THIS AGREEME NT OR THE PERFORMANCE OF TIHS AGRE EMENT, RE�GARDLESS 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 TIM SOLE NEGLIGENCE OF INDEMNITEES UNMI.M. -M WITH THE FAULT OF ANY Oln*.,R PERSON OR G'ROUP. CONTRACTOR MUST, AT ITE'S OWN EXPENSE, INVEs,'IrIGATE ALL CLAIMS AND DEMANDS, ATTEND TO TKE 111 SETTLEME NT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES Of ATTORNEYS AND ALT, OTHER COSTS AND EXPENSES OF ANY TAT TD ARISING FROM A-NY OF SAID LIABILITY, DAMAGIC„ LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGAIPIONS 01' CONTRACTOR UNDER. T.HIS SECTION SHALL SURVIVE THE, EXPIRATION OR SOONER. TERMINATION OF THIS AGREEKENT. SIGNED tWs 20 day of march .-120 14 Contractm Santa Anita&��Imnafion�Prrjegt ne, ................................. alker .............. y ------------- 0)L% gr�,_M[anagiggMember Title: CITY OF CORPIJS CHRIST1("CITY") Ter...ce Date Acting Assistant Director offinancial Services lacorporated by Reference: Exlfibitk Bid InvitAtionNo..BT-0138-14,including Specification 1106 Exhibit B: Bidder's Bid CITY OF CORPUS CHRISTI SERVICE AGREEMENT PURCHASING DIVISION BID INVITATION NO. BI-0138-14 USED TIRE DISPOSAL SERVICE • Exhibit A: Bid Invitation No. BI-0138-14, including Specification 1106 is available upon request. • Exhibt B: Bidder's Bid is available upon request. d AGENDA MEMORANDUM oaPOwRko Future Item for the City Council Meeting of June 24, 2014 2852 Action Item for the City Council Meeting of July 8, 2014 DATE: June 24, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager ch ristelamp_cctexas.com (361) 826-3169 Floyd Simpson, Chief of Police floydspcctexas.com (361) 886-2604 Purchase and Installation of Emergency Equipment for Police Tahoes CAPTION: Motion approving the purchase and installation of emergency equipment on fourteen (14) Police Tahoes from CAP Fleet Upfitters, Temple, Texas for a total amount of $126,539.42. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funds have been budgeted in FY 2013-2014. PURPOSE: Once up-fitted with the emergency equipment, the vehicles will be used by Police Officers in the performance of their duties throughout the City. BACKGROUND AND FINDINGS: None. ALTERNATIVES: None. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Police Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $7,895,725.51 $0 $7,895,725.51 Encumbered / Expended Amount $3,280,815.98 $0 $3,280,815.98 This item $126,539.42 $0 $126 539.42 BALANCE $4,488,370.11 1 J $4,48 8 370.11 Fund(s): Maintenance Service Fund, General Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price sheet. CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION TLGPC CONTRACT NO. 432-13 BUYER: GERALD GOODWIN EMERGENCY EQUIPMENT FOR POLICE TAHOES CAP Fleet Upfitters Temple,Texas UNIT EXTENDED ITEM DESCRIPTION QTY. UNIT PRICE PRICE Emergency equipment for 14 police 1.0 Tahoes 1.1 Tahoe push bumper 14 each $ 252.78 $ 3,538.92 1.2 Ion red/blue light 28 each 92.88 2,600.64 1.3 3" round split red/white compartment 14 each 42.12 589.68 1.4 18 LED strip light compartment 14 each 71.28 997.92 1.5 M4 LED flasher blue/red 84 each 114.00 9,576.00 1.6 M4 series flange black 84 each 4.86 408.24 1.7 Solid state headlight flasher 14 each 54.54 763.56 1.8 Linear LED 14 each 333.60 4,670.40 1.9 Duo lightbar/cencom/speaker 14 each 2,305.00 32,270.00 1.10 SafeStop module 14 each 128.80 1,803.20 1.11 Outer-edge 8-LT rear 14 each 684.72 9,586.08 1.12 Vertex super-LED split red/blue 56 each 64.00 3,584.00 1.13 Recessed panel 14 each 63.70 891.80 1.14 20" steel extension panels 14 each 49.00 686.00 1.15 Transport seat w/steel cargo barrier 14 each 744.80 10,427.20 1.16 Metal window 14 each 425.60 5,958.40 1.17 Dual T-rail mount w/locks 14 each 300.30 4,204.20 1.18 Window barrier 14 each 146.30 2,048.20 1.19 Door panel 14 each 111.30 1,558.20 1.20 Tactical console 14 each 390.21 5,462.94 1.21 Pen box 14 each 30.78 430.92 1.22 Double cupholder 14 each 29.06 406.84 1.23 3-outlet power strip 14 each 33.92 474.88 1.24 Flip-up armrest 14 each 111.60 1,562.40 1.25 Floor plate for computer mount 14 each 119.20 1,668.80 1.26 Installation 14 each 1,150.00 16,100.00 1.27 Wiring harness& shop supplies 14 each 185.00 2,590.00 1.28 Shipping 14 each 120.00 1,680.00 Total: $ 126,539.42 AGENDA MEMORANDUM xg Future Item for the City Council Meeting of June 24, 2014 Action Item for the City Council Meeting of July 8, 2014 DATE: 6/6/2014 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director, Parks and Recreation Department 361-826-3494 MichaelMo@cctexas.com Interlocal agreements with area school districts for summer transportation CAPTION: Resolution authorizing the City Manager or designee to execute separate Interlocal Agreements with the Calallen Independent School District, the Corpus Christi Independent School District, and the Flour Bluff Independent School District to provide transportation services for summer youth recreation programs. PURPOSE: To enter into separate agreements with Corpus Christi, Calallen and Flour Bluff Independent School Districts to provide bus transportation for youth participating in the 2014 Latchkey Summer Camp program. BACKGROUND AND FINDINGS: The Parks and Recreation Department provides a Latchkey Summer Program at CCISD, Calallen and Flour Bluff schools. These Interlocal Agreements will allow those districts to provide bus transportation for field trips and other activities. ALTERNATIVES: Parks and Recreation Latchkey Summer Camp program would not provide transportation for field trips as part of their program. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Council is required to approve all Interlocal Agreements. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: Operating Expense X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Expenditures Fiscal Year: 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $12,502 $12,502 Encumbered / Expended Amount This item $12,502 $12,502 BALANCE 0 0 Fund(s): General Fund, Latchkey Comments: FY14 funds for summer transportation are budgeted in General Fund. RECOMMENDATION: Staff recommends approval of Interlocal Agreements. LIST OF SUPPORTING DOCUMENTS: Resolution Interlocal Agreements Resolution authorizing the City Manager or designee to execute separate Interlocal Agreements with the Calallen Independent School District, the Corpus Christi Independent School District, and 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 separate Interlocal Agreements with the Calallen Independent School District, the Corpus Christi Independent School District, and the Flour Bluff Independent School District to provide transportation services for summer youth recreation programs. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Page 1 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 Page 2 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 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 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. NOW, THEREFORE, the City and the District, in consideration of the mutual covenants contained herein, agree as follows: 1. Term. This Agreement begins June 16, 2014 and ends August 8, 2014. 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. Page 1 of 3 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 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 Corpus Christi 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. Page 2 of 3 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 12014. CITY OF CORPUS CHRISTI CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT Ronald L. Olson D. Scott Elliff Ed.D. City Manager Superintendent ATTEST: Rebecca Huerta Johnanssen City Secretary General Co l for CCISD Bri C.P.M. Dire r r ur a g and Distribution Approved as to legal form May 14, 2014 By: Buck Brice, Assistant City Attorney for City Attorney Page 3 of 3 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 fee 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 16, 2014 and ends August 8, 2014. 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 Page 1 of 3 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. S. 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. 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 Page 2 of 3 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 2014. CITY OF CORPUS CHRISTI CALALLEN INDEPENDENT SCHOOL DISTRICT Ronald L. Olson Arturo Almend ez,Ed.D. City Manager Superintendent ATTEST: Rebecca Huerta City Secretary Approved as to legal form May 14, 2014 By: Buck Brice, Assistant City Attorney for City Attorney Page 3 of 3 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 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 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 16,2014 and ends August 8,2014, 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 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 Page I of 3 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. 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 Flour BIuff 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: 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. Page 2 of 3 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 day of— , 2014. CITY OF CORPUS CHRISTI FLOUR BLUFF INDEPENDENT SCHO�OL DISTRICT N( �' IVN. Ronald L. Olson Mr.Dale Mecom City Manager Transportation.Director . ATTEST: Rebecca Huerta City Secretary Approved as to legal form May 22, 2014 By: Buck Brice, Assistant City Attorney for City Attorney Page 3 of 3 �vs c A AGENDA MEMORANDUM P"ORPORP1,-0 Future Item for the City Council Meeting of June 24, 2014 1852 Action Item for the City Council Meeting of July 8, 2014 DATE: May 31, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager for Public Works & Utilities gustavogo@cctexas.com (361) 826-3897 FROM: Mark Van Vleck, P. E., Executive Director of Utilities markvv @cctexas.com (361) 826-1874 Daniel Biles, P. E., Executive Director of Public Works danb @cctexas.com (361) 826-3729 Amendment No. 3 Padre Island Water Supply Study CAPTION: Motion authorizing the City Manager, or designee, to execute Amendment No. 3 to an Engineering Design Contract with Urban Engineering from Corpus Christi, Texas in the amount of $141,323, for a total re-stated fee of $738,539, for the Padre Island Water Supply Study for the extension of the 8- inch diameter gas line from the termination point of the Padre Island Water Supply project to Aquarius Street. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute Amendment No. 3 to an Engineering Design Contract with Urban Engineering from Corpus Christi, Texas for Padre Island Water Supply Study. BACKGROUND AND FINDINGS: The project constructs a new 18-inch diameter water transmission main, 8-inch diameter natural gas line, and a 4-inch diameter municipal information system conduit from Laguna Shores Road to Padre Island and provides for a redundant water feed to Padre Island. The construction contract was awarded to Bridges Specialties, Inc. from Robstown, Texas on February 11, 2014. City staff requested professional services to prepare plans and specifications for the extension of the 8-inch diameter gas line, from the termination point of the Padre Island Water Supply project to Aquarius Street. This improvement will meet the requirements of the Texas Railroad Commission (TRRC) and will interconnect into the Corpus Christi distribution system as stated in the Gas Department Business Plan. ALTERNATIVES: 1. Authorize execution of Amendment No. 3. (Recommended) 2. Do not authorize execution of Amendment No. 3. (Not recommended) OTHER CONSIDERATIONS: Urban Engineering from Corpus Christi, Texas was selected for this project as a result of RFQ No. 2010-01 Professional Services for Department of Engineering Services Projects. Urban Engineering was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. CONFORMITY TO CITY POLICY: Amendment No. 3 complies with the Professional Procurement Act and City Policy. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTALCLEARANCES: Gas Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Project to Fiscal Year Date Current Year Future Years TOTALS 2013-2014 Expenditures (CIP only) Line Item Budget $699,200.00 $7,980,000.00 $8,679,200.00 (Water) Line Item Budget $99,700.00 $2,455,700.00 $2,555,400.00 (Gas) MIS Operating during $65,581.00 $65,581.00 design Encumbered / $864,481.00 $864,481.00 Expended Amount This Item $141,323.00 $141,323.00 Future Anticipated Expenditures This $10,892,752.00 $10,892,752.00 Project BALANCE $0.00 $266,106.00 $266,106.00 Fund(s): Water CIP #16, Gas CIP #4, Prior MIS Operating COMMENTS: Not applicable RECOMMENDATION: City Staff recommends the approval of Amendment No. 3 with Urban Engineering from Corpus Christi, Texas so design may be completed in 90 days. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Amendment No. 3 Presentation PADRE ISLAND WATER SUPPLY PROJECT BUDGET FUNDS AVAILABLE: Water CIP............................................................................................................ $8,679,200.00 Gas CIP.............................................................................................................. 2,555,400.00 MIS Operating...................................................................................................... 65,581.00 Future Gas Funding Requested........................................................................... 1,000,000.00 TOTAL FUNDS AVAILABLE.................................................................................. $12,300,181.00 FUNDS REQUIRED: Construction: Water Line Construction Allocation................................................. $4,051,211.34 Gas Line Construction Allocation.................................................... 2,113,581.33 MIS Conduit Construction Allocation (funded through Water CIP)......... 1,143,538.13 Construction (Bridges Specialties)............................................................................ $7,308,330.80 Contingencies(10%)............................................................................................. 730,833.20 Consultant Fees: Engineer Design (Urban Engineering)* ...................................................................... 597,216.00 Geotechnical Testing (Kleinfelder Central, Inc.)**......................................................... 70,000.00 Engineer Design (Urban Engineering)Amendment No. 3 (This Amendment)................... 141,323.00 Construction Estimate(For this Amendment Work)...................................................... 832,193.00 Construction Inspection (Estimated)......................................................................... 40,000.00 Geotechnical Services during construction (Estimated)............................................... 30,000.00 Reimbursements(For two construction contracts) Administration/Finance (Capital Programs/Capital Budget/Finance)............................ 369,005.00 Engineering Services(Project Mgmt/Constr Mgmt/Traffic Mgmt/Land Acq Svcs)................ 738,010.00 Misc. (Printing, Advertising, etc.).............................................................................. 45,000.00 TOTAL............................................................................................................... $10,901,911.00 ***PROJECT BUDGET BALANCE........................................................................... $1,398,270.00 *Consultant Design Contract awarded on June 21, 2011 to Urban Engineering by Motion No. 2011-134 and amended on February 26, 2013 by Motion No. 2013-037. **Testing Contract awarded on October 23, 2012 to Kleinfelder Central, Inc. by Motion No. 2012-186. *** Remaining budget is estimated balance from the original waterline construction contract and not available for the gas line project. I TEFL TRANSMISSION L IGUNA MADRE CROSSING it ,I I u r Et r I R JECT LOCA►TICDI�1 , �I VV � �, � ✓�� II � d IYbr ('� �,� 11 e€a (��l � �I V� '� / NI � �`YA, t �`Jl ✓ � plPwa u' I � B r (�r w Vu�ol Fop n o I'� 1 /,, .-y�" -wJ�' ��., "' � V .DV y �/� �,��a �j�yr�r "µpry, »�,r � � �M'.•��` I R Cr�T,�Vut�« AN t ar CITY COUNCIL EXHIBIT w Padre Island Water Supply Study CITY OF CORPUS CHRIST!,TEXAS 8-inch Diameter Gas Lavine DEPARMENTCP CAPITAL PROGRAMS PAGE 1 OF I CITY OF CORPUS CHRISTI AMENDMENT NO. 3 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "CITY", and Urban Enclineeri�nD, hereinafter called "ENGINEER," agree to the following amendment to the Contract for Professional Services for Padre Island Water Supply Study (Project No. E10172), as authorized and amended by:: Oriq final N Agreement November 5, 2010 ITITITITITIT_ ITITIT Administrative A proval $49,870.00 Amendment No. 1 June 21, 2011 Motion M2011-134 $364,370.00 Amendment No. 2 February .013 Motion M2013-037 $182,976.00 .........--- EXHIBIT "A", SECTION 1. SCOPE OF SERVICES shall be amended as specified in the attached Amendment No. 3 Exhibit "A". EXHIBIT "A", SECTION 3. FEES shall be amended as specified in the attached Amendment No. 3 Exhibit "A" Summary of Fees, for a, revised fee not to exceed $141,323.,00 One Hundred Forty One Thousand Three Hundred Twenty Thiree Dollars and Zero Cents), for a total restated fee not to exceed 1738,5391.00 (Seven Hundred ThiEtj Ei_qht Thousand Five Hundred Thi[!X.Nine Dollars and Zero Cents), Monthly invoices shall be submitted in accordance with Exhibit "B". All other terms and conditions of the November 5, 2010 contract and amendments between the City and Engineer will remain in full, force and effect. CITY OF CORPUS CHRISTI LIRI AN GINEERING L,2 Natasha Fudge, P'. E,, Date ,James L. Urban, P.E. Datb Acting Director of Capital Programs 2725 Swan,tner Drive Corpus Christi,, Texas 78404 (361,) 854-3101 Office RECOMMENDED, (361) 854-6001 Fax Operating Department Date APPROVED Office of Management Date and Budget ATTEST Project Number: E10172 Fund Source: 530000-4555-00000-E10172 Rebecca Huerta, City Secretary Fund Name: Gas CIP Revenue Bond Encumbrance Number: El 01 72AUR AMEND. NO. 3 Page 1 of 1 WENGINEERING r1AtAr-XCHANGE%VELMAP1WATER4E10172 PADRE ISLAND WAIER%JPPLY STUOMMENDMENT NO 3MENDMENT NO 3,010,CX URBAffa Job No.: 33760.134.00 ENGINEERING May 23, 2014 REV2 TRANSMITTED VIA EMAIL Natasha Fudge, P.E. Acting Director of Capital Programs City of Corpus Christi P. C. Box 9277 Corpus Christi, Texas 78469 Subject: Amendment No.3—Padre Island Water Supply E10172—8 Inch Gas Line Extension to 6guarius,Street Dear Natasha, This proposal is in response to a request from City staff to provide professional services for an extension of the 8-inch gas line, from the termination point of the Padre Island Water Supply project to Aquarius Street, as shown on the attached Exhibit, We propose the following contract amendment to the Padre Island Water Supply('#E10172,) to prepare plans and specifications to construct the proposed gas line improvements; 1. SCOPE OF SERVICES: BASIC SERVICES Design Phase Services a. Attend!,(1) one kickoff meeting. b. Provide Project Management services to ensure that the project deliverables that are provided meet the stake holder's requirements. c. Review, study, and verify all applicable comments and recommendations from the Padre Island Water Supply project (EI0172) and incorporate into the new gas line project contract documents. d. Prepare construction contract documents (plans and specifications) for the 8 Inch Gas Line Extension to Aquarius Street. These plans and specifications will follow the City of Corpus Christi format as follows: e. Prepare one (1) set of 60% and one (1) set of 100% Contract and Bid 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 bidding, 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. Bid packages will also be provided electronically in PDF and CAD formats. Said bid documents henceforth become the sole property and ownership of the City of Corpus Christi. f. Prepare a 60% Opinion of Probable Construction Cost Estimate (OPCC) g, Following the City's review of the 60% submittal package, the A/E will assimilate all review comments and make the appropriate modifications and additions/deletions to the 100% bid package and prepare a 100% OPCC. 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. (361)854-3101 2725 SWANTNER DR.* CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 wwwurbaneng,com TBPE Firm#145 AMEND. NO. 3 TBPLS Firm if 1,0032400 EXHIBIT"All I Page 1 of 6 h. Attend (1) one 60% complete design meeting to review the contract and bidding documents. Attend (1) one 100% complete design meeting to review the contract and bidding documents. I. Provide typical traffic control plans and standard traffic control measures for the various construction applications that can be reasonably anticipated. Include bid Items for signage, Illumination, markings and striping, and signalization. The City Traffic Engineering Department will have final authority on the appropriate traffic control set- ups. j. Prepare a storm water pollution prevention plan(SWPPP)for the project and include it in the bid package. k. Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that submittal of the 60%, and 100% complete plans, specifications and bid documents accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. Bid Phase Services The A/E will provide the following bid phase services: a. Attend a Pre-Bid Meeting b. Review and prepare responses to requests for information(RFI's)during the bid phase c. Prepare addenda as needed for the project execution d. Attend the Bid Opening e. Prepare a bid evaluation and provide a written recommendation to the City Construction Phase Services The A/E will perform contract administration to include the following: a. Participate in a pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements that impact the project. b. Review shop and working drawings, materials and other submittals for conformance to contract documents. a. Review field and laboratory tests. e. 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. f. 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. g. Prepare change orders as authorized by the City (coordinate with the City's construction division). h. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. Page 2 of 6 AMEND. NO.3 EXHIBIT"A" Page 2 of 6 ADDITIONAL,SERVICES (NOT AUTHORIZED) U.S.Army,Coms of Enaineers Nation Wide Permit A/E will conduct a wetland delineation, coordinate with the USACE, prepare a Nation Wide Permit application and assist in pursuit of USACE authorization for the impacts associated with the 8-inch gas line extension. The following tasks will be performed; a. Wetland Delineation: A/E will conduct a wetland delineation within the proposed work corridor in accordance with the 1887 U.S. Army Corps of Engineers (USAGE) Wetland Delineation Manual and Regional Supplement. A/E will provide a draft wetland delineation report to City for review and comment. After receiving approval from City,A/E will submit the delineation report to USACE with a request for a preliminary jurisdictional determination or verified determination. A/E will coordinate with USACE in attempt to attain a preliminary jurisdictional determination or verified delineation. This task includes up to two site visits with USACE and responding to minor questions and requests for additional information. Additional fees may be required if significant requests for additional field work or information are made. b. Pre-construction Notification(PCN): A/E will prepare a Pre-construction Notification (PCN) for applicable USACE Nationwide Permits and/or Regional General Permit for gas pipeline installation and submit the PCN to USACE with a request for concurrence. A/E will coordinate with USACE in attempt to obtain concurrence from USACE that the projects are eligible for authorization under Nationwide Permit and/or Regional General Permits. If USACE determines that the projects are not eligible for use under a Nationwide or Regional General Permit,additional fees may be required to pursue an Individual Permit. Texas DOT Permit A/E will coordinate with the TxDOT and prepare a permit application for the 8-inch gas line extension within their right-of-way. Texas General Land Office Authorization A/E will coordinate with the TGLO and prepare an authorization to construct the 8-inch gas line extension within their jurisdictional area (TxDOT ROW). Topographic/Hy,droaraphic Survey Topographic survey will be undertaken along the proposed horizontal alignment to establish horizontal and/or vertical control for the design and construction of the proposed improvements. A hydrographic survey (soundings) will also be conducted across the channel to establish the channel depth along the proposed alignment. Warranty Phase A/E will provide a warranty inspection of the project site toward the end of the 12-month warranty period and generate a warranty items punch list. Page 3 of 5 AMEND. NO.3 EXHIBIT"A" Pa e3of6 Geotechnical Study ME will enter Into a contract with a Professional Geotechnical Engineer to provide the following scope of services: • Field Program — Subsurface conditions will be explored by performing two (2) soil borings to a depth of SO-ft and four (4) soil borings to depths of 15 ft below existing grade. • Laboratory Testing — Selected samples from the soil borings will be used for laboratory testing. • En ineenng Analysis — The analysis will include braced sloped excavations, pipe bedding and backtill, pavement subgrade reconstruction, subsurface dewatering, HDD drill pad construction, and soil corrosion potential. The results and findings of the geotechnical services will be presented in a written report. II. SCHEDULE: We proposed to complete the Design Phase tasks described above within (120) one hundred and twenty days of receiving the notice to proceed. The schedule for the bidding and construction phases will be determined once the Design Phase has been completed. III. FEE: For services authorized by the Director of Engineering Services, the City will pay the A/E a not- to-exceed fee as per the table below. All fees for Additional Services are unauthorized at this time, requiring authorization by the Director of Capital Programs. Summary of Fees BASIC SERVICES 1. Design Phase $59,580 2. Bid Phase $3,970 3. Construction Phase $15,890 Subtotal Basic Services Fees $79,440 ADDITIONAL SERVICES(NOT AUTHORIZED) 1. USACE Permit $33,105 2. TxDOT Permit $2,275 3. TGLO Authorization $2,275 4.Topographic/Hydrographic Survey $6,615 5. Warranty Phase $1,605 6. Geotechnical Study $16,008 Sub Total Additional Services Fees $61,883 Total Fee $141,323 Page 4 of E AMEND. N0.3 EXHIBIT"Al Pa e4of6 If the above is acceptable, please prepare an amendment to our AE Contract for signatures,. Should your have any questions please let one know. Sincerely, URBAN ENGINEERING ti J. Douglas McMullan„ R.E. J DMI Enclosures xc: Natasha Fudge, P.E.—Engineering Services wlen 1. via email Page 5 of AMEND. NO. 3 EXHIBIT"A'° Pa 2e 5 of 0 0 0 Cl 0 0 0 0 0 Q Q 0 0 0 0 0 0 0000 Q 00000 O 00000 . 000 . 00 O 0000 0 ci : 6cico o 0ui6Li0t( 0000ui 0 00airi Oi J O ao O tl- (O f- (iD (0 0 � O 0 O v 0Il- cn r W to W O O N r U) N r r O N O O u) LO O 0 co IT h to Oi N ti N (V OD ci O In n N to (p h @) 1� M N P- (O r N N T- U)4% 00 tA+ M O O O Q O 0 0 0 0 0 0 0 0 0 0 0 0 0 Q 0 4 0 0 O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O G 0 .j 00000 0 tnO000 tc) 00000 tt'i 0 0000c+i O � z CL to OD t-- O O h I- r O O O N Q M O co r N N O (0 O O? 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'' r O M r O O (O O to L r 00 qq V M M p O Cry C7 0 n 0 Oi O (V Oi M to d 1 N z r N N r r r �- O p 0 afA O ,N2 a 0o 0 0 0 0 o O Q O O O p 0 0 0 0 0 0 O 0008 0 0 0 0 0 0 0 O O o 0 0 0 0 0 0 0 0 0 0 O 0 0 0 O Ttt Q V ci 0 0 0 O O 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 O 0 z 9 °° °° 0 rx Z o e Oo r E r Q c 3 U_ «+ Zt C 2-1 N N CO E O O C H O) d a y N °o w �. N W W A C y Z LL N 7 al rn V a o f E ° 2 rn N y a°i Z. O w Nr a °�' wN ° a IL (iO O c� m i5 U) 1V °� g •- o Q: Vn m c Q ¢OOWamttwwoQ 8 ° °� O > m CL rn m -t � to v 7 c c m 2m a (A � � � C7Q �� c ? nc2c°c ' O cr3 Q H ai y a m :3 0 a? € � Z 1- 7� a v a c -1 0 - o a AMEND. N0.3 V ID a� o ° (° a> O o °� c o (6 U — 3 ° m o .� .� rt Nn. omc) � ova � �- = wL) U) U) a. PaHe66of6 m r N M sf a r N M y to co h O O O r N co d 7 O r r r r r W N E 'a o ° moo m E E .N t6 T o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Ua � � � � � � � � � � � 0 0 0 0 0 uD 0 0 0 0 0 r O r M O LO M N c- c7 r N V Q, r cam. c U m O° 0 ° ° °o C) ° ° O ❑ O °o °0 °0 °0 0 O to 0 LO H i m U to LO o O r r N N c7 I0 > to tf3 EA Ef3 VO 0 O O t0 V} ° ° O � O fi3 G9 2! C a - = d 00000 °x00 inmco t°not°n c °o_ � VD, Fm- Fm- Im- `O E >> r a s O O O O O O O ti Q Q Q Ih O r- I` W ++ O O O O to O N N it Lo O 0 0 I` to N O %- W m m m 1t N O ¢ e= M M CD N e- r V w le N Z O C EF3 iA 64). 691 EA � X to N O UXN Q U W X r — ° O N N m N Nm Z Z d O O 10 (U ( R a- - 0 .2 Z r 17 17 r to 6v* r � W ° > � a J r E°fi O ° ° ° N ° Q Q Q N O N N O f O G O O f- H H r- O r r U Z r 64 TZ r 69 G9 r N� .a �+ O O O O O O O O Q ❑ ❑ 0 O O O 0 0 0 0 0 0 O m m m 0 0 0 0 i 0 0 t0 In O O O 00 O N N � N N �C � � O U N N V N U (D co U- 0 d LL_ ,V V 0� (a O N t 2 C V o V d tea a. � o m c c 4. o can to Q Z+ i>- is IL N c :� O C U rn Q ° O N p O E rn a 6 o = m 0 o E v . •m a w 'a o � '0 0 � N m °� U � z m � o m aomc) cn ¢ CL sif0cn (n U) in AMEND.NO.3 EXHIBIT "B" Page 1 of 1 1 SUPPLIER NUMBER TO BE ASSIGNED BYCITY-- PURCHASING DIVISION CiLY of CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST Chfisti City of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: URBAN ENGINEERING P.O.BOX: N/A CORPUS 784Q4 STREET ADDRESS: 2725 SWANTNER DR. CITY: CHRISTI ZIP: FIRM IS: 1. Corporation 2. Partnership 07 3. Sole Owner ❑ 4. Association e 5. Other DISCLOSURE QUESTIONS If additional space is necessai�+,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 , 11 A 1114 1 PC 3. State the names of each"board member"of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a"consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Consultant FILING REQUHUNINNTS 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 wnting filed with the City Secretary. [Ethics Ordinance Section 2-344(d)] CERTIFICATION I certify that all information provided is true and cofrect as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Title: f itcNC( 4K- (Type or Print) Signature of Certifying Date: Person: ` DERNMONS 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. "Finn." 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. 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 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. -a-j O � N 4-j d� � O � U a� a� 1 tA 4-J E Piz m U ° tn d 0 CL u m RU O Ln CL s�. { FI^ U srypl�a � r i i r !1� i W �cs uj `S i ✓l Z r t �u ti r R E ya U CL OL L- V H s C Oa LA 22 H m W m V v (� o Ln 4-1 om a > m O z E N 4, W O .O U CL N L .................. V1 °p V O a E R U o Ln CL s�. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O a0 N O O O O O O O O 0 0 — — O co (O O O co m M Lo w O O a0 a0 M M — O O N M M I— O M N F L M a0 N O O M L a0 C a0 CF) LO LO O a0 C) r'. O O (o 0.) -4 w I— LO 0 O O M M I-- N LO O M W � � (O L M M r— L I— O N O C� 00 N r— fh N O EA EA 6 N Z o M M a Z M M : C 00 O O a0 M 0 4-j LQ 2 ^ M M >+ LO (2 O) C) co a N r 's= 60- : : a co ' U co U yL+ : L M T C6 N O 0 V — C6 a� o ° Y _ O0 a M N N O •O C N N Z _ a) a) O C N C6 -Fu C O � p a N L C � Q O a) O p 0) O L 0) O M O cu CU p C-) �� .L U .L 0 U O 0 N O O N W N U Q :_ U :_ ZV cu (o Q O CO O) � M O) —C) N O W C Q p U C C L C 0 L �+ J o a ;. W • W cu v O U) = Y m co — N co 6 j O -0 co W D = V) a) o a� cu O H U a) J W L 0 t� o U W W LL �_ U c U c aa)i 0 a N D o L a� p a� U � m •0 H U .0) W 0 D 0 W o J r a o '0 C) C) o aa)i m c a U a L O :. c c c '- cn a) f V) U W U J V) L a? N U L a� 0 0 a) L J W E c co ca U .. c c a) a) c .. � Q cn ca N o z c U c c o o c O a� = = U � a U � Ii U d Ii U U w 0 U w U a Ga AGENDA MEMORANDUM CORPORR1 0 Future Item for the City Council Meeting of June 24, 2014 x851 Action Item for the City Council Meeting of July 8, 2014 DATE: June 5, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager for Public Works & Utilities gustavogo@cctexas.com (361) 826-3897 FROM: Daniel Biles, P. E., Executive Director of Public Works danb @cctexas.com (361) 826-3729 Interlocal Agreement with Downtown Management District Public Outreach and Coordination in Downtown Area CAPTION: Resolution authorizing the City Manager, or designee, to execute an Interlocal agreement with the Corpus Christi Downtown Management District (DMD) in the amount of $160,000 over a three year period to provide coordination and public outreach between the City and stakeholders involved in projects in the downtown area. PURPOSE: The purpose of this Agenda Item is to enter into an Interlocal agreement with the DMD to provide city coordination and public outreach with stakeholders for projects located in the downtown area. BACKGROUND AND FINDINGS: Downtown Corpus Christi is experiencing important City infrastructure and private sector construction projects which will revitalize Downtown yielding renewed streetscape, destinations, residential options and parking. The Downtown Management District (DMD) will work with the City to carefully manage the construction period and process in order to minimize negative impact and enhance stakeholder buy-in to longer term outcomes. The goal will be to work in partnership to: • Prioritize Downtown City infrastructure projects through stakeholder engagement (DMD, Marina, SEA District) • Assist with developing comprehensive way finding system. • Minimize both public and private sector construction project footprints. • Maximize public (vehicular and pedestrian) access to businesses. • Shorten construction time and periods of business interruption. • Proactively communicate with Downtown businesses and address issues. • Promote affected businesses and communicate with consumers. • Leverage City communication efforts. Key Audiences: Communications and stakeholder engagement will be focused on the following key audiences: • Employers • Employees • Hotel, Restaurant, Retail merchants • Residents • Visitors DMD Assets DMD will utilize its partnerships and tools to support the goals of this scope of work and its goals. DMD Partnerships • Cleaning and Safety Partnership • Infrastructure Committee • Downtown Merchants Association (June 2014) • Advisory Council (July 2014) DMD Tools • DMD family of websites with more than 3 million hits annually • email list nearly 2,000 contacts • Downtown database with more than 200 property owners and businesses operators • Facebook with 10,141 friends • Twitter with 877 followers • Media relations • Newsletter • Activity Report • Board meetings ALTERNATIVES: 1. Authorize execution of Interlocal Agreement with Downtown Management District. 2. Do not authorize execution of Interlocal Agreement with Downtown Management District. (Not recommended) OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy and the City's Charter. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTALCLEARANCES: FINANCIAL IMPACT: ❑ Operating ❑Revenue X Capital ❑Not applicable Project to Fiscal Year Date Current Year Future Years TOTALS 2013-2014 Expenditures (CIP only) Line Item Budget $60,000 $100,000 $160,000 Encumbered / Expended Amount This Item $60,000 $60,000 Future Anticipated Expenditures This $100,000 $100,000 Project BALANCE $0.00 $0.00 COMMENTS: Not applicable RECOMMENDATION: City Staff recommends the approval of the Interlocal Agreement between the City of Corpus Christi and the Downtown Management District. LIST OF SUPPORTING DOCUMENTS: Interlocal Agreement Page 1 of 2 A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT (DMD) IN THE AMOUNT OF $160,000 OVER A THREE YEAR PERIOD TO PROVIDE COORDINATION AND PUBLIC OUTREACH BETWEEN THE CITY AND STAKEHOLDERS INVOLVED IN PROJECTS IN THE DOWNTOWN AREA. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to execute an Interlocal Agreement with the Corpus Christi Downtown Management District (DMD) to provide assistance with City of Corpus Christi capital construction projects in the form of public outreach and coordination with downtown stakeholders. SECTION 2. The City of Corpus Christi agrees to pay the Corpus Christi Downtown Management District (DMD) over a three year period at the rate of $60,000 for year one, $50,000 for year two, and $50,000 for year three for a total of $160,000. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary 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 , 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 on this the day of 2014. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor CITY OF COPRUS CHRISTI § § INTERILOCAL AGREEMENT DOWNTOWN MANAGEMENT DISTRICT § This Interlocal Agreement ("Agreement") made and entered into this 8T" day of July, 2014, by and between the Corpus Christi Downtown Management District, hereinafter referred to as "CCDMD", and the City of Corpus Christi, a Texas home-rule municipal corporation hereinafter referred to as "City", under the authority of their governing bodies and in accordance with the Interlocal Cooperation Act, as set out in Chapter 791 of the Texas Government Code. WITNESSETH: WHEREAS, both the City and CCDMD represent to one another that each respective party has the authority to enter into this Agreement and perform the obligations and duties stated herein; and WHEREAS, the City and CCDMD specify that each party paying for the performance of said functions of government shall make those payments from current funds available to the paying party; and WHEREAS, City infrastructure projects and private sector projects, though important for downtown's future success, can have short-term, adverse effects on downtown businesses. WHEREAS, CCDMD desires to help improve planning, minimize business interruption and work to bring City and stakeholders together to avoid or minimize hardships that infrastructure and private projects have on downtown businesses; WHEREAS, the City would like to improve downtown project planning, management and execution and improve stakeholder engagement and communications; NOW THEREFORE, this Agreement is made and entered into by the City and CCDMD in consideration of the aforementioned recitals and for the mutual consideration stated herein: 1. PURPOSE OF AGREEMENT The purpose of this Agreement is to state the terms and conditions under which the parties agree to provide for the execution of a three-year contract between the City and CCDMD to provide public outreach services for City of Corpus Christi construction projects to the mutual benefit of the City and CCDMD. 2 2. CURRENT CONDITION AND NEED Downtown Corpus Christi is experiencing important City infrastructure and private sector construction projects which will revitalize Downtown yielding renewed streetscape, destinations, residential options and parking. Current construction projects that are currently underway or will start within 6 months with a construction period for some projects of up to 18 months include: • Shoreline Realignment (City) • Cosmopolitan (Private) • Chaparral St. two-way conversion (City) • Twigg St. (City) • The Kinney Hotel (Private) • La Retama Park renovation (City) Additional projects that will impact downtown businesses currently in planning stages with 18-48 month construction periods include: • Chaparral St. Phases II-IV (City). • Harbor Bridge Project (TxDot). • Mesquite St. conversion to two-way (City). • Water Street signalization project (City). • Ward Building Redevelopment (Private). Future projects that might begin construction in the next 36 months include: • Redevelopment of the 300-400 blocks of N. Chaparral St. (Private). • Development of Robert Rowling properties (Private). • Tres Sientos apartments (Private). 3. PARTNERSHIP The CCDMD will work with the City to carefully manage the construction period and process in order to minimize negative impact and enhance stakeholder buy-in to longer term outcomes. The goal will be to work in partnership to: • Prioritize Downtown City infrastructure projects through stakeholder engagement (CCDMD, Marina, SEA District) • Assist with developing comprehensive way finding system. • Minimize both public and private sector construction project footprints. • Maximize public (vehicular and pedestrian) access to businesses. • Shorten construction time and periods of business interruption. • Proactively communicate with Downtown businesses and address issues. • Promote affected businesses and communicate with consumers. • Leverage City communication efforts. 4. KEY AUDIENCES: Communications and stakeholder engagement will be focused on the following key audiences: • Employers • Employees • Hotel, Restaurant, Retail merchants • Residents • Visitors 5. CCDMD TOOLS CCDMD will utilize its partnerships and tools to support the goals of this scope of work and its goals. CCDMD Partnerships • Cleaning and Safety Partnership • Infrastructure Committee • Downtown Merchants Association (June 2014) • Advisory Council (July 2014) CCDMD Tools • CCDMD family of websites with more than 3 million hits annually • email list nearly 2,000 contacts • Downtown database with more than 200 property owners and businesses operators • Facebook with 10,141 friends • Twitter with 877 followers • Media relations • Newsletter • Activity Report • Board meetings 4 6. TERMS AND CONDITIONS This Agreement shall have a three year (36 month) term and shall be effective upon its date of execution by the last party to execute the Agreement. The City shall pay DIVID as follows: • Year One: $60,000 • Year Two: $50,000 • Year Three: $50,000 7. TERMINATION This Agreement may be terminated by either party upon thirty days advance written notice. 8. NOTICE Official notice shall be in writing and delivered to all of the parties to this Agreement. Delivery shall be fax or deposit in the United States Postal Service, first class, return receipt requested to: TO THE CITY: The City of Corpus Christi City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 The City of Corpus Christi City Attorney's Office P.O. Box 9277 Corpus Christi, Texas 78469-9277 TO THE CCDMD: Corpus Christi Downtown Management District Terry Sweeney Executive Director 233 N. Chaparral Street, Suite A Corpus Christi, Texas 78401 5 9. FINANCIAL RISK & LIABILITY The Except for as provided under this Agreement, neither the City nor the CCIVID assume any financial risks or liability under this Agreement and each party hereby releases the other from any financial risk or liability of any kind whatsoever in connection with this Agreement.. 10. INDEMNIFICATION Notwithstanding the foregoing, the City and CCDMD agree that each party shall each be responsible for its own negligent acts or omissions or other tortious conduct in the course of performance of this Agreement, without waiving any sovereign governmental immunity available to either CCDMD or City under Texas law and without waiving any available defenses under Texas law. Nothing in this paragraph shall be construed to create or grant any rights, contractual or otherwise, in or to any third persons or entities. This term survives termination of this Agreement. 11. CURRENT REVENUES Each party, in performing governmental function or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party. 12. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties hereto and may not be modified except by an instrument in writing executed by the parties hereto. 13. SEVERABILITY If any provision of this Agreement shall be held invalid, void or unenforceable, the remaining provisions hereof shall not be affected or impaired, and such remaining provisions shall remain in full force and effect. 14. WAIVER It is not a waiver of default if the non-defaulting party fails to declare a default or delays in taking any action. 6 15. HEADINGS The titles which are used following the number of each paragraph are only for convenience in locating various provisions of this Agreement and shall not be deemed to affect the interpretation of such provision. 16. COUNTERPARTS This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. 17. APPROVAL This Agreement is expressly subject to and contingent upon formal approval by the Corpus Christi Downtown Management District and by Resolution of the Corpus Christi City Council. IN WITNESS WHEREOF this Agreement has been executed on behalf of the Corpus Christi Downtown Management District and the City of Corpus Christi in the manner provided by law. THE CITY OF CORPUS CHRISTI THE DOWNTOWN MANAGEMENT DISTRICT By: B Y:-I)\I--� Ronald L. Olson Terry Sw6eney City Manager Exe�6tiv"Director Date: Date: OR RNI 1852 AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of June 24, 2014 Second Reading Ordinance for the City Council Meeting of July 8, 2014 DATE: May 22, 2014 TO: Ronald L. Olson, City Manager FROM: Barney Williams, P.E., Interim Director, Development Services Department BarneyW@cctexas.com (361) 826-3595 Rezoning from Multifamily to Commercial Williams Airline Partners, Ltd. Property Address: 5879 S. Padre Island Drive (SH 358) CAPTION: Case No. 0514-03 Williams Airline Partners, Ltd.: A change of zoning from the "RM-1" Multifamily 1 District and "RM-3" Multifamily 3 District to the "CG-2" General Commercial District, resulting in a change to the Future Land Use Plan from medium density residential to commercial uses. The property is described as an 8.74-acre tract of land out of a portion of Lot H1, Wilkey Addition Unit 2, located along the north side of Williams Drive approximately 630 feet west of Airline Road. PURPOSE: The purpose of this item is to rezone the property to allow commercial uses. RECOMMENDATION: Planning Commission and Staff Recommendation (May 21, 2014): Approval of the change of zoning from the "RM-1" Multifamily 1 District and "RM-3" Multifamily 3 District to the "CG-2" General Commercial District BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RM-1" Multifamily 1 District and "RM-3" Multifamily 3 District to the "CG-2" General Commercial District to allow commercial uses on the property. The proposed rezoning would allow uses such as retail, restaurants, hotels, shopping center and car wash uses. Although inconsistent with the Future Land Use Plan, a commercial use would be appropriate for this area and would be an expansion of the commercial zoning immediately to the north. The surrounding area currently is developed with uses that are compatible with commercial uses. The Future Land Use Plan calls for the subject property to be multifamily residential uses. It is unlikely that the multifamily zoning along Williams Drive will become multifamily in the future. An expansion of the commercial zoning district is reasonable because the subject property is directly adjacent to the commercial corridor on South Padre Island Drive (SH 358). The proposed rezoning is compatible with the current zoning and development patterns of the abutting properties to the north and northeast. The property to the west is a private school and church. The property to the south across Williams Drive is a single family residential neighborhood. The property to the east is an apartment complex. The proposed zoning would not be intrusive to those land uses. ALTERNATIVES: Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed rezoning is not consistent with the Future Land Use Plan, although the proposed rezoning is consistent with pertinent elements of the Comprehensive Plan. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Report with Attachments Aerial Overview Map Ordinance amending the Unified Development Code ("UDC"), upon application by Williams Airline Partners, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to an 8.74-acre tract of land out of a portion of Lot H1, Wilkey Addition Unit 2, from the "RM-1" Multifamily 1 District and "RM-3" Multifamily 3 District to the "CG-2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Williams Airline Partners, 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, May 21, 2014, during a meeting of the Planning Commission, and on Tuesday, June 24, 2014, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application by Williams Airline Partners, Ltd. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning of an 8.74-acre tract of land out of a portion of Lot H1, Wilkey Addition Unit 2, located along the north side of Williams Drive approximately 630 feet west of Airline Road (the "Property"), from the "RM-1" Multifamily 1 District and "RM-3" Multifamily 3 District to the "CG-2" General Commercial District (Zoning Map No. 042035), as shown in Exhibit "A," and Exhibit "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 and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of 20 ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor Page 2 of 2 0514-03 Ordinance,Williams Airline Partners,Ltd Job No. 41852.B4.04 �UIRSAN April 22,2014 ENGINEERING 8.74 Acre Zoning Tract STATE OF TEXAS COUNTY OF NUECES Fieldnotes, for an 8.74 acre tract of land, more or less, being a portion of Lot H I, Wilkey Addition Unit 2, a map of which is recorded in Volume 67, Pages 722-723, of the Map Records of Nueces County, Texas; said 8.74 acre tract being more fully described by metes and bounds as follows: Beginning, at a 5/8 inch iron rod with red plastic cap stamped "Urban ngr. C.C. TX"found,on the North boundary of Williams Drive,a public roadway,the South comer of Lot 12, Block B, Manor Terrace, a map of which is recorded in Volume 40, Page 187,of the said Map Records, for the West comer of the said Lot H I and this tract; Thence,North 29100'00"East, with the common boundary of the said Lot H I and the said Lot 12, 247.00 feet, to the West comer of Lot H2,of the said Wilkey Addition, for an outer ell comer of the said Lot H I and this tract; Thence, with the common boundary of the said Lot H2 and the said Lot H 1, as follows: • South 61*00'00"East,228.72 feet;, • North 29"00'00"East, 274.60 feet; • North 16'11'11" East, 70.90 feet; Thence, South 61100'00" East, 243.15 feet, for a comer of this tract; Thence, North 29*00'00"East, 60.73 feet, for a comer of this tract; Thence, South 6053'00" East,at 10.39 feet,pass the West comer of Lot E, Wilkey Addition Unit 2, a map of which is recorded in Volume 67,Pages 439-440, of the said Map Records, being a comer of the said Lot Hl, in all 228.20 feet, to the Northwest boundary of Lot D-3, Wilkey Addition Unit 2, a map of which is recorded in Volume 39, Page 41,of the said Map Records, the South comer of the said Lot E, for the East comer of this said Lot H I and this tract; Thence with the common boundary of the said Lot D-3 and the said Lot H I as follows: South 29"00'00" West, 333.11 feet; South 61110 1'00"East, 112.00 feet; South 29"00'00" West, 327.68 feet, to the said North boundary of Williams Drive, a West comer of the said Lot D-3, for the South comer of the said Lot H I and of this tract; .S 1Survclin&141852M404°OFFCCrXMFTFS AND BOUNDS%74acres,duc Page I oft (361)854•31W 2725 SWAN NER DR • CORPUS CHRMLTEXAS 78404 FAX(360854-600) www urbaner,Q,corn TBPE FIrm#1145 Exhibit A Page 1 of 2 Thence,North 61 001'00" West,with the North boundary of said Williams Drive,467.63 feet,to a corner of the said Lot H1 and this tract, for the point of curvature of a circular curve to the right, whose radius point bears North 28 159'00"East,252.49 feet, having a central angle of 11'25'l 6", a radius of 252.49 feet,a tangent length of 25.25 feet and an arc length of 50.33 feet; Thence, with the arc of the said circular curve to right, 50.33 feet, to a corner of the said Lot H l and this tract,for the beginning of a reverse curve to the left, whose radius point bears South 40°24'16" West, 252.49 feet,having a central angle of 11*25'l 6",a radius of 252.49 feet,a tangent length of 25.25 feet and an arc length of 50.33 feet; Thence, with the arc of the said reverse curve to the left, an arc length of 50.33 feet, for a comer of said Lot H1 and of this tract; Thence, North 61°01'00" West, with the North boundary of the said Williams Drive,the Southwest boundary of said Lot H 1, 228.72 feet, to the Point of Beginning, containing 8.74 acres (380,680 square feet)of land, more or less. Bearing are based on the record plat of Wilkey Addition Unit 2, Lots H I and H2,a map of which is recorded in Volume 67,Pages 722-723,Map Records ofNueces County, Texas. Unless this freldnole description, including preamble, seal and signature, appears in its entirety, in its original farm, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of the tract described herein. OF °t '6-00. F URBAN ElgGINEERING .a-•y NN.MMBiO•►NNeBB6BB0 LJ r •N ""N N•N•H®••••a �° , 'R.E w X n Iv !7H W.WOOLEY NN y r 9 Vi P••c� .P Keith W. oole '.S. 'kQ4wsu ��-� f 4, License No. 5463 ,E S',UurveyingW 18521B40MOFFICBMETES AND BOUNDW 74acres.doc page 2 oft Exhibit of e Ifl sir � � 40' N2WOO Oo E 247.00 mm � . . m _ _. - rn M $ E°;I ; ` I t . ©,'OL II 0 00 E 274.601',-.. . 30 . . „.. ......... . ........ . ....... .., ...... „. � a g III 1m .. �I� I <' _ ' N29 00'00-t a � I � , ' r l 60.73 I N 1OIf p N 4 c m I �4 w I� � III co o +.� s � � I i. �- . ° �1 59O 333.11 I d No Ij 29.00 OO 32 .68 a o N-c I rnrn S O n r„ I Q— j m N to Ap k 1 �� A N N O Qg 0 l,' ,I °L M C O IAO t#O IC/1 S 7i r IPi Q to W In 31 (} p p Z o g Booth s serest azqz O IM—:.0 � � �, ° e ref N a Id 0 4k- 5'�y 4k-con 8p .o Z a� a,ruiw. 0 0 oz o Exhibit B PLANNING COMMISSION FINAL REPORT Case No.: 0514-03 HTE No. 14-10000021 City Council Hearing Date: May 21, 2014 c Applicant/ Owner: Williams Airline Partners, Ltd. Legal Description/Location: An 8.74-acre tract of land out of a portion of Lot .� H1, Wilkey Addition Unit 2, located along the north side of Williams Drive CL J L approximately 630 feet west of Airline Road. CL 0 }, From: "RM-1" Multifamily 1 District and "RM-3" Multifamily 3 District To: "CG-2" General Commercial District 'o Cr Area. 8.74 acres N Q Purpose of Request: To allow for the development of a hotel site and future commercial uses. Existing Zoning Existing Land Use Future Land Use District "RM-1" Multifamily 1 & Medium Density Site "RM-3" Multifamily 3 Vacant Residential "CG-2" General North Commercial Commercial 'c ? Commercial ° Low Density Low Density South "RS-6" Single-Family 6 Residential Residential J "ON" Office & "RM-1" Medium Density Office and Medium n East Multifamily 1 Residential Density Residential w "CG-2" General West Commercial & "RS-6" Commercial and Commercial and Single-Family 6 Public/Semi-Public Public/Semi-Public Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for medium density cCL c residential uses. The proposed change of zoning to the "CG-2" General Commercial District is not consistent with the adopted Future Land Use Plan, a o which slates the property for medium density residential uses. Q Map No.: 042035 Zoning Violations: None Transportation and Circulation: The subject property has access to Williams o Drive, which is a proposed "C3" Primary Collector street. The subject property is adjacent to a private drive with access to South Padre Island Drive (SH 358). L ° Q L Case#0514-03 Williams Airline Partners, Ltd. Page 4 Urban Proposed Existing Traffic Street Transportation Plan Volume Type Section Section (2009) L O C d Williams "C3" Primary 75' ROW 86' ROW Drive Collector 50' paved 26' paved 8 580 ADT Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "RM-1" Mulitfamily 1 District and "RM-3" Multifamily 3 District to the "CG-2" General Commercial District to allow for the development of a hotel site and future commercial uses. Development Plan: The applicant is proposing to use a portion of the property adjacent to a hotel, known as Tract A on the attached site plan, for the development of a new hotel. The developer does not have specific plans for the remainder of the site. It is the applicant's intent to have commercial tenants, such as a retail center and/or restaurant. Per the Unified Development Code (UDC), the applicant will require a Type A buffer yard consisting of a 10-foot-wide buffer yard and 5 buffer points along the east property line adjacent to the "RM-1" District. Also, a Type C buffer yard consisting of a 15-foot- wide buffer yard and 15 points will be required along the property line to the west adjacent to the "RS-6" District. Existing Land Uses & Zoning: North of the subject property are several restaurants facing the frontage road to South Padre Island Drive (SH 358) zoned "CG-2" General Commercial District. Northwest of the subject property is a hotel under construction in a "CG-2" General Commercial District. West of the subject property is Our Lady of Perpetual Help — a church and private Catholic school for students in Pre-Kindergarten through 8t" grade. South of the subject property, across Williams Drive, is a neighborhood with single-family detached houses. East of the subject property is an apartment complex zoned for "ON" Office District and "RM-1" Multifamily 1 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 the proposed rezoning is not consistent with the adopted Future Land Use Plan, which slates the property for medium density residential uses. Although inconsistent with the Future Land Use Plan, the proposed rezoning is consistent with pertinent elements of the Comprehensive Plan. Case#0504-03 Williams Airline Partners, Ltd Page 3 Department Comments: • Buffer requirements and screening would be used to minimize the nuisance between commercial uses and the adjacent properties not zoned for commercial. • The proposed rezoning is compatible with the development patterns of the abutting properties to the north along South Padre Island Drive (SH 358). • Access to the subject property includes a driveway between South Padre Island Drive (SH 358) access road and Williams Drive. The shared driveway provides access for vehicles from both South Padre Island Drive and Williams Drive to the restaurants, hotel under construction and proposed development for the subject property. • Williams Drive, between South Staples Street and Airline Road, is identified as a C-3 collector in the Master Transportation Plan and slated for a future expansion under the 2012 Bond program. Plans call for a widening of the two-lane, two-way collector road to a four-lane road with improved ADA access, sidewalks, curb and gutter. • The proposed rezoning could have a negative impact on the neighborhood to the south. Although, Williams Drive will provide a four-lane street buffer between the low-density residential and the requested commercial zoning, the Comprehensive Plan calls for Neighborhood Commercial zoning — a less intensive and more compatible commercial zoning district— along Williams and Holly drives which serve as collector streets for neighborhoods. The property to the north is developed commercial property with restaurants and a hotel. The property to the east includes an apartment complex on property zoned "ON" Office and "RM-1" Multifamily 1 residential. • The requested change in zoning is inconsistent with the Future Land Use Plan; although, a commercial use serving the adjacent neighborhood would be appropriate for this area and would be an expansion of the zoning immediately to north and northwest. • The future land use plan calls for the subject property, as well as the property to the East, to have RM-1" Multifamily 1 District uses. An expansion of the commercial zoning is reasonable when directly adjacent to the existing commercial corridor on South Padre Island Drive (SH 358). Planning Commission and Staff Recommendation (May 21, 2014):: Approval of the change of zoning from "RM-1" Multifamily 1 and "RM-3" Multifamily 3 to the "CG-2" General Commercial District. K:\DevelopmentSvcs\SHARED\ZONING CASES\2014\0514-03 Williams Airline Partners, Ltd\Council Documents\0514-03 Report for CC,Williams Airline Partners, Ltd.docx Case#0514-03 Williams Airline Partners, Ltd. Page 4 Number of Notices Mailed — 30 within 200-foot notification area; 4 outside notification area 0 As of May 22, 2014: In Favor — 0 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: Location Map (Existing Zoning & Notice Area) Case#0504-03 Williams Airline Partners, Ltd Page 5 F G- $ JET 'S.6 CG P PERTY R 24 ""Q..,2 "F,^ f 4�T 14 "r " 7 8 r' ON ✓ ," ` , N.1 W o "mow CASE: O514-03 @#WpWWAmWRR1�W'R�p1aPWbma$AWWwFC4$ ZONING & NOTICE AREA RW,•1 kMCptltlWdWNFYiPN•y 11 tlAw LWgIM14 Wm4MArW9a4WU ""'"* .. 9Y7•dI 2 W MIN Amy 3� PUD F941 rd Wmum it7"Cvwww ��� R�w, •` yy C,R Pk bWMwW1�ro1NW#CMtld&mr R5..1 d8 $1rug IR FPmMy 10 RMA T'"Nit—INY dT RS.4 SamgoWF—ly E. 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"'"..., 'L,fty w yr f "lam•✓"T"• cur" f mmuWu nor' 1r.„n mmuu m � ., A�AF'� / F µ '�Ri g� "m;wev Rawm nrw /1M1i.4'a mavr TWA/ i ,� WPaWV,rYM•M mm"mwwmnm"WWm"mm K:\DevelopmentSvcs\SHARED\ZONING CASES\2014\0514-03 Williams Airline Partners, Ltdl\Council Documents\0514-03 Report for CC,Williams Airline Partners, Ltd.docx z� w.r urn' u pan �I I i r i �..� ell r, � O I II � it `V r x� w.� N u 0 q V E _0 N y a e 2 O .� (a 11 o cn Vl cn 41 N N 3 J i I IIIIIIIIIIIIIIIII ` W / e" �� 4 m O cc �� CC u pan n g, 9 Tract Tract C W o"o D V � 00 I � O •— V Q 0 N 41 U U (6 C: ++ ++ C: `1 VI 0 X N C • / H Q t H fC N +- D +� AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of June 24, 2014 Second Reading Ordinance for the City Council Meeting of July 8, 2014 DATE: June 2, 2014 TO: Ronald L. Olson, City Manager FROM: Barney Williams, P.E., Interim Director, Development Services Department BarneyW@cctexas.com (361) 826-3595 Rezoning from Multifamily to Commercial By Roque Enriquez Property Address: 5038 and 5042 Concord Street and 5013 Monitor Street CAPTION: Case No. 0514-02 Roque Enriquez: A change of zoning from the "RM-1" Multifamily 1 District to the "CG-2" General Commercial District, not resulting in a change to the Future Land Use Plan. The property is described as Lots 1, 2 and 42, Block 4, South Park Subdivision, located along South Padre Island Drive (SH 358) between Concord Street and Monitor Street. PURPOSE: The purpose of this item is to rezone the property to allow expansion of an existing car sales lot. RECOMMENDATION: Planning Commission and Staff Recommendation (May 21, 2014): Approval of the change of zoning from the "RM-1" Multifamily 1 District to the "CG-2" General Commercial District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RM-1" Multifamily 1 District to the "CG-2" General Commercial District to allow the expansion of an existing car sales lot. The proposed rezoning would allow uses such as offices, retail sales, restaurants, vehicle sales and service, multifamily developments, overnight accommodation and indoor recreation uses. The property to be rezoned is suitable for the proposed uses. The proposed rezoning would be an expansion of the commercial uses to the south, east and west. The proposed rezoning is consistent with the Comprehensive Plan and the Future Land Use Plan's designation of the property for commercial uses. The proposed rezoning is compatible with the current zoning and development patterns of the abutting properties and properties south across South Padre Island Drive (SH 358). The proposed rezoning would not negatively impact the surrounding properties and the property to be rezoned is suitable for commercial uses. ALTERNATIVES: Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed rezoning conforms to the Future Land Use Plan and is consistent with the Comprehensive Plan. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Report with Attachments Aerial Overview Map Ordinance amending the Unified Development Code ("UDC"), upon application by Roque Enriquez and Dalia Enriquez ("Owners"), by changing the UDC Zoning Map in reference to Lots 1, 2 and 42, Block 4, South Park Subdivision, from the "RM-1" Multifamily 1 District to the "CG-2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Roque Enriquez and Dalia Enriquez ("Owners"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, May 21, 2014, during a meeting of the Planning Commission, and on Tuesday, June 24, 2014, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application by Roque Enriquez and Dalia Enriquez ("Owners"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lots 1, 2 and 42, Block 4, South Park Subdivision (the "Property"), from the "RM-1" Multifamily 1 District to the "CG-2" General Commercial District (Zoning Map No. 045037), as shown in Exhibit "A." Exhibit A, which is a map pertaining to the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor Page 2 of 2 0514-02 Ordinance,Roque Enriquez ti M n ti N !A� A. M M a e 5 7 = O RS - 6 7 Q a N O� M N 0 C N- 1 M M SUBJECT N 0 R M- 1 M `' ^ PROPERTY N ° y C N°1 M " N " B�FR� C N-..1 SP/97- 1`1 M RM'- 1�'sr O N SP/91 - 16 CG- 2 N ti s,,q FR rO yw " `rV M M q � o � oRFjs�h y� s3s8 RMa S'0gp O OpR. B RF js�hp ti N q N .y N ry " M � N � tiN N CG- 2 "" a `4 Mry 2 M M M •7 ~c M m Date-Created:51512014 ti 0 wOOp` RIS -V 400 800 Q� Preparell -jeremym Feet Department of Development Services N B CASE: 0514-02 SUBJECT PROPERTY WITH ZONING Subject Property cap cFq RM-1 Multifamily 1 IL Light Industrial RM-2 Multifamily 2 IH Heavy Industrial ys%^ SUBJEC RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ""'�, PROP-ER-T-Y ON Professional Office RS-10 Single-Family 10 III �cq RM-AT Multifamily AT RS-6 Single-Family 6 CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 CN-2 Neighborhood Commercial RS-TF Two-Family CR-1 Resort Commercial RS-15 Single-Family 15 0<</- CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial .? RS-TH Townhouse sq q CG-2 General Commercial R4T 0� SP Special Permit N oe CI Intensive Commercial 4 CBD Downtown Commercial RV Recreational Vehicle Park RMH Manufactured Home W, E CR-3 Resort Commercial FR Farm Rural City Of H Historic Overlay --_ S CO US BP Business Park LOCATION MAP Christi Exhibit "A" PLANNING COMMISSION FINAL REPORT Case No.: 0514-02 HTE No. 14-10000018 Planning Commission Hearing Date: May 21, 2014 a Applicant: Roque Enriquez o Owners: Roque Enriquez and Dalia Enriquez 6 am a Legal Description/Location: The property is described as Lots 1, 2 and 42, E� 5 Block 4, South Park Subdivision, located along South Padre Island Drive Q°a 6 (SH 358) between Concord Street and Monitor Street. }, From: "RM-1" Multifamily 1 District To: "CG-2" General Commercial District 'o Cr Area. 0.5565 acres N Q Purpose of Request: To rezone the property to allow commercial uses. Existing Zoning Existing Land Use Future Land Use District Site "RM-1" Multifamily 1 Low Density Commercial c� Residential North "RS-6" Single-Family 6 Low Density Low Density 'c ? Residential Residential N "CG-2" General South Commercial Commercial Commercial "CG-2" General n East Commercial Commercial Commercial w Low Density West "RM-1" Multifamily 1 and Residential and Commercial ON/SP Commercial Area Development Plan: The subject property is located within the boundaries of the Southeast Area Development Plan (ADP) and is planned for commercial cCL c uses. The proposed change of zoning to the "CG-2" General Commercial District ' is consistent with the adopted Future Land Use Plan. a o Map No.: 045037 Q > Zoning Violations: Two sign violations, the most recent being in 2010. Subject property is currently in compliance. c Transportation and Circulation: The subject property currently has 140 feet of ' frontage on South Padre Island Drive (SH 358), which is an "F1" c Freeway/Expressway, with access on the frontage road. The rezoning will CL expand the frontage on South Padre Island Drive (SH 358) to 240 feet. The c� property also has frontage on Monitor Street and Concord Street, which are local streets. Case#0514-02 Roque Enriquez Page 2 Urban Proposed Existing Traffic Street Transportation Plan Section Section Volume O Type South 250' ROW I- 4.0 Padre "F1" 400' ROW 230' paved (2011) Island Drive Freeway/Expressway w/median 5,088 ADT (SH 358) Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "RM-1" Multifamily 1 District to the "CG-2" General Commercial District to allow expansion of an existing car sales lot. Development Plan: The applicant is proposing to use the property for expansion of an existing car lot. The applicant plans to clear the existing buildings and pave all the property. The parking lots will require paving and other site requirements, such as landscaping, curbs and screening. A buffer yard will be required between the commercial district and single-family district to the north. Existing Land Uses & Zoning: The subject property currently has single-family homes and is zoned "RM-1" Multifamily 1 District. North of the subject property are single- family homes in the "RS-6" Single-Family 6 District. South of the subject property is South Padre Island Drive (SH 358). West of the subject property is a hair salon along South Padre Island Drive (SH 358) zoned "ON/SP" Office District with a Special Permit for the retail sales of hair care products and a single-family neighborhood zoned "RM-1" Single-Family 1 District. To the east of the subject property is a car dealership zoned "CG-2" General Commercial District. AICUZ: The subject property is not located in a Navy Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property is platted. Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject property is in the Southeast Area Development Plan (ADP) and the proposed rezoning is consistent with the adopted Future Land Use Plan, which slates the property for commercial uses. Case#0514-02 Roque Enriquez Page 3 Department Comments: • The proposed rezoning is compatible with the current zoning and development patterns of the abutting properties and is an expansion of the commercial uses to the east, west and south. • The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed development. • The proposed rezoning would not negatively impact the surrounding properties and the property to be rezoned is suitable for commercial uses. • The Unified Development Code (UDC) requires a buffer yard between commercial and single-family districts; therefore, many design features will be implemented to reduce negative impacts the expansion. • Access to Concord Street, which is a residential street, will be prohibited. Planning Commission and Staff Recommendation: (May 21, 2014) Approval of the change of zoning from the "RM-1" Multifamily 1 District to the "CG-2" General Commercial District. Number of Notices Mailed — 29 within 200-foot notification area; 5 outside notification area 0 As of June 2, 2014: In Favor — 0 inside notification area; 0 outside notification area a 0 In Opposition — 0 inside notification area; 0 outside notification area For 0.0% in opposition. Attachments: Location Map (Existing Zoning & Notice Area) K:\DevelopmentSvcs\SHARED\Legistar\2014 CC Agenda Items\6-24-2014\0514-02 Roque Enriquez\CC Report 0514-02 Roque Enriquez.docx ti q q M n ti N A. e M 5 7 0 M q M Q RS - 6 " M N N � C N=4- o M 24 ^ M SUBJECT N R M- 1 �7 s 20 10 PROPERTY a y CN 1 " 6' X18 27 M N 1 1 M N �Y'3S8�F 5 M 8 p - 21, C N- 1 25 z 19, 3 ° 12 F<•pyrb M IS�P197- 11 '13 ? 2a RM- 1F'sr N O N 23 N v 26C G - 2 2s 9 � Q FRrO 22 , 11 'h!ItiY 15 N 16/ �v M 3S 6 M s,,q p e:RMp 0 4 M q RF js�h 3 SBR�� � N N .y " M N N CG- 2 "" q J4 Mry 2 M M M *"Al •7 ~c M q Date-Created:51512014 ` ti 0 wOOp �`� - 400 800 Q� Prepared,l. y:jeremym Feet Department of Development Services N 7 B CASE: 0514-02 ZONING & NOTICE AREA ti o"a N9c� 9 O� RM-1 Multifamily 1 IL Light Industrial RM-2 Multifamily 2 IH Heavy Industrial co cF RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay �EiyR vp� ON Professional Office RS-10 Single-Family 10SOip 4 RM-AT Multifamily AT RS-6 Single-Family 6 CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 � SUBJECT CN-2 Neighborhood Commercial RS-TF Two-Family PROPER-T-Y CR-1 Resort Commercial RS-15 Single-Family 15 0�? �ououuo �`4'QO CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial 5 RS-TH Townhouse CG-2 General Commercial Sp Special Permit � yo_ CI Intensive Commercial RV Recreational Vehicle Park <<V CBD Downtown Commercial RMH Manufactured Home CR-3 Resort Commercial 014" � p4 FR Farm Rural N 4TO� q� H Historic Overlay 4e<La SSA BP Business Park W, E /sy � ❑® Subject Property Owners S City of with 200'buffer O in favor --_ Corpus 4 Owners within 200'listed on X Owners LOCATION MAP ChrrStl attached ownership table /�in opposition „,....0 �. �i �ai m+�'��+llr � � , ��� 1 � y ����� ��; i � � �^ "�, lid � ,�%/ �� Ki, if r �� J -, � "� i' ��� �'. ��' � �i �,�” r €� �� A� � `� r �t r �W,-0X� ^ � t �p // ^ � // � � � � �, � � �, � � � �� , »y� /, �q,p,� �� � � � �4`° ,� ,y� �l v i � � �I^ 1w,� � , t , �� �� � � � � ' '� 5 �� , � �� r �' � � �� ! � � �r w�ry f �� i t /yi di �� 'a � �r ura �'� �' �� � � i' � �'r" �/'�� � ' ^� � �J/ I � �/� P i i e� �� Y w FYI m !y �1(� � w �, � � �� " w \� ^ . . /� � �\ > AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of June 24, 2014 Second Reading Ordinance for the City Council Meeting of July 8, 2014 DATE: May 19, 2014 TO: Ronald L. Olson, City Manager FROM: Barney Williams, P.E., Interim Director, Development Services Department BarneyW@cctexas.com (361) 826-3595 Rezoning from Professional Office to Professional Office with a Special Permit by Lutheran Properties, Inc. Property Address: 5517 Alameda Street CAPTION: Case No. 0514-01 Lutheran Properties, Inc.: A change of zoning from the "ON" Office District to the "ON/SP" Office District with a Special Permit. The property to be rezoned is described as being Lots 3 and 4, Club House Place, located along the south side of South Alameda Street, between University Drive and Palmetto Street. PURPOSE: The purpose of this item is to eliminate the property's nonconforming status and to allow expansion of the existing use. RECOMMENDATION: Planning Commission and Staff Recommendation (May 7, 2014): Approval of the change of zoning from the "ON" Office District to the "ON/SP" Office District with a Special Permit. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "ON" Office District to the "ON/SP" Office District with a Special Permit to eliminate the property's nonconforming status and to allow expansion of the existing use. The use is a temporary shelter for children and is classified as a social service use. A rezoning that maintains the "ON" Office District and grants a Special Permit will be consistent with the adopted Future Land Use Plan, which slates the property for professional office uses, since the "base" zoning district will not be modified. The Zoning map amendment will be consistent with the Comprehensive Plan. The property to be rezoned is suitable for the use permitted by the Special Permit. The rezoning does not have a negative impact upon the surrounding neighborhood and the Special Permit will not require any special conditions. ALTERNATIVES: Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southeast Area Development Plan. The proposed rezoning using the base district with a Special Permit is consistent with the Future Land Use Plan and the Comprehensive Plan. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Report with Attachments Aerial Overview Map Ordinance amending the Unified Development Code ("UDC") upon application by Lutheran Properties, Inc. ("Owner"), by changing the UDC Zoning Map in reference to Lots 3 and 4, Club House Place, from the "ON" Office District to the "ON/SP" Office District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application by Lutheran Properties, 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, May 7, 2014, during a meeting of the Planning Commission, and on Tuesday, June 24, 2014, 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 Lutheran Properties, Inc. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lot 3 and 4, Club House Place (the "Property"), located along the south side of South Alameda Street, between University Drive and Palmetto Street, from the "ON" Office District to the "ON/SP" Office District with a Special Permit (Zoning Map Nos. 041037 and 041036), as shown in Exhibit "A." Exhibit A, which is a location map pertaining to the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the following conditions: 1. Uses: The only use authorized by the Owner under this Special Permit is for the continued Social Service use of a children's shelter. 2. Time Limit: This Special Permit shall expire one year from the date of this ordinance unless the property is being used as outlined in Condition 1. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan; the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor 0514-01 Ordinance, Lutheran Properties, Inc. Page 2 of 3 N ry M M 2 t QA� N S� R MFOq.Sr J M ry ti o M N N RM- 3 2 N �� �O ry �� M N N � 7 7 0 , SUBJECT PROPERTY RS-10 Date Created:412312014 0 400 800 Prepared By:LARRYF Feet Department of Development Services CASE: 0514-01 SUBJECT PROPERTY WITH ZONING SUBJECT ® Subject 2°� PROPERTY Property RM-1 Multifamily 1 IL Light Industrial RM-2 Multifamily 2 IH Heavy Industrial 44b� RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay qGq ON Professional Office RS-10 Single-Family 10 RM-AT Multifamily AT RS-6 Single-Family 6 CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 CN-2 Neighborhood Commercial RS-TF Two-Family cps%°qb CR-1 Resort Commercial RS-15 Single-Family 15 RF�s CR-2 Resort Commercial RE Residential Estate 4'9Nb CG-1 General Commercial bR RS-TH Townhouse CG-2 General Commercial SP Special Permit N �"Po'a"„ CI Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial = = RMH Manufactured Home CR-3 Resort Commercial E "4^ � FR Farm Rural •S ," City Of H Historic Overlay """m""""" COrpUS BP Business Park LOCATION MAP °°""�"""gy Christi Exhibit A PLANNING COMMISSION FINAL REPORT Case No.: 0514-01 HTE No. 14-10000015 Planning Commission Hearing Date: May 7, 2014 a Applicant/Owner: Lutheran Properties, Inc. o Representative: Paul Hernandez, C.E.O. BokenKamp ORR. a) a Legal Description/Location: Lots 3 and 4, Club House Place, located along E� 5 the south side of South Alameda Street, between University Drive and Palmetto Q°a o Street From: "ON" Office District To: "ON/SP" Office District with a Special Permit 'o Cr Area. 4.64 acres N Q Purpose of Request: To eliminate the property's nonconforming status and to allow expansion of the existing use. Existing Zoning Existing Land Use Future Land Use District Public/Semi-Public Site "ON" Office District and Professional Professional Office Office .E "RS-10" Single-Family Low Density Low Density c M North N 10 Residential Residential � c South "RS-10" Single-Family Park/Oso Municipal Park/ Oso Municipal 10 Golf Course Golf Course •R Medium Density Lu East "ON" Office District Residential Professional Office West "RM-3" Multifamily 3 Medium Density Medium Density Residential Residential Area Development Plan: The subject property is located within the boundaries of the Southeast Area Development Plan (ADP) and is planned for Professional cCL c Office uses. The proposed change of zoning to the "ON/SP" Office District with a Special Permit is consistent with the adopted Future Land Use Plan in that the a c base zoning district will not change. Q Map No.: 041037, 041036 Zoning Violations: None Transportation and Circulation: The subject property has access to South Alameda Street, which is an "A2" Secondary Arterial street. c� L O Q L Case#0514-01 Lutheran Properties, Inc. Page 2 Urban Traffic Proposed Existing Street Transportation Section Section Volume O Plan Type (2012) 95' ROW Q South 100' ROW 60' paved I- Alameda A2 Secondary 54' paved with center 10,318 ADT Cn Street Arterial with median turn Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "ON" Office District to the "ON/SP" Office District with a Special Permit to eliminate the property's nonconforming status and to allow expansion of the existing use. The use is a temporary shelter for children and is classified as a social service use. Development Plan: Lutheran Social Services of the South established Bokencamp Children's Shelter in Corpus Christi in 1995. Bokenkamp Children's Shelter provides short term dormitory-style living, bilingual educational opportunities, computer instruction, outdoor recreation, crafts and hobbies, spiritual care and legal resources to unaccompanied children from Central and South America. The children range in age from infants to teens. Since 1995, expansion of the use in 2006 for a church and dormitories was conforming in the "ON" Office district. Although a children's shelter is less intense than other social services such as, homeless shelters, drug treatment centers and post incarceration facilities, the Unified Development Code in 2011 made Bokencamp Children's Shelter a nonconforming use. The UDC Use Table allows social service uses by right in the "IL" Light Industrial District. The plan by Lutheran Social Services is to expand the use by adding a building for office space. The expansion will require the use to come into compliance with the UDC, either through a rezoning or Special Permit. Staff would not recommend an "IL" District in this area. Existing Land Uses & Zoning: The subject property is in the "ON" Office District and has administration offices, meeting and instructional rooms, a church and two dormitories for an existing social service use. North of the subject property and across South Alameda Street is a residential neighborhood in the "RS-10" Single-Family 10 District. South of the subject property is a public golf course, also zoned "RS-10" Single-Family 10 District. West and east of the subject property are apartments zoned "RM-3" Multifamily 3 District and "ON" Office District respectively. AICUZ: The subject property is not located in a Navy Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property is platted into two lots. Case#0514-01 Lutheran Properties, Inc. Page 3 Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject property is in the Southeast Area Development Plan (ADP). To allow the social service use by right, the appropriate rezoning request would be for an industrial use. Existing industrial uses in the Southeast ADP should be permitted to continue and allowed limited expansion and should not be expanded more than shown in the Future Land Use Plan (Land Use Policy Statement B.5). A rezoning using the base district with a Special Permit will be consistent with the adopted Future Land Use Plan, which slates the property for professional office uses. Department Comments: • The Zoning map amendment will be consistent with the Comprehensive Plan. • The property to be rezoned is suitable for the use permitted by the Special Permit. • The Zoning Map amendment does not have a negative impact upon the surrounding neighborhood and the Special Permit will not require any special conditions. Planning Commission and Staff Recommendation (May 7, 2014): Approval of the change of zoning from the "ON" Office District to the "ON/SP" Office District with a Special Permit subject to the following conditions: 1. Uses: The only use authorized by the Owner under this Special Permit is for the continued Social Service use of a children's shelter. 2. Time Limit: This Special Permit shall expire one year from the date of this ordinance unless the property is being used as outlined in Condition 1. Number of Notices Mailed — 12 within 200-foot notification area; 4 outside notification area 0 As of May 21, 2014: In Favor — 0 inside notification area; 0 outside notification area a 0 In Opposition — 0 inside notification area; 0 outside notification area For 0.0% in opposition. Attachments: Location Map (Existing Zoning & Notice Area) Site Plan K:\DevelopmentSvcs\SHARED\Legistar\2014 CC Agenda Items\6-24-2014\Lutheran Properties, Inc\0514-01 CC Report for Lutheran Properties, Inc..docx a h M ti !0 ti oI ti M � R N M � e IS - 10 s o 0 "1�!Q, *40, 9 N J M N 3 — o 0 M 5 N N RM- 3 10 2 � N �O N ��v M s N � a a 11 > N h 8 SUBJECT PROPERTY Date Created:412312014 0 400 800 Prepared By:LARRYF Feet Department of Development Services CASE: 0514-01 ZONING & NOTICE AREA �Fq SUBJECT RM-1 Multifamily 1 IL Light Industrial 2�.p PROPERTY 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 �cqR CN-1 Neighborhood Commercial RS4.5 Single-Family4.5 <F 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 � rO4o CI Intensive Commercial RV Recreational Vehicle Park RF�s CBD Downtown Commercial RMH Manufactured Home CR-3 Resort Commercial FR Farm Rural N H Historic Overlay BP Business Park / Subject Property Owners S City' �„�� y of with 200'buffer O in favor """ Corpus 4 Owners within 200'listed on v Owners LOCATION MAP Chr1St1 attached ownership table /�in oppositiomm�n P�I � � � j a ������R ,'� � {r, is r, ��� r � Gi � � .r, /�� , �' ' �% i �i ,gig,. i ��� i P i I II 01 � �'��'� `��j/i�� � �� �..�� r!f i �' flii��/ iii " it �'; ' �l'�% ;� �` ��, ,�M� i„��li��� a � i % u f ��'��� '' ' ' �%i% �! 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I bQ I ��«Gera, ,� 1 Ca'� �„� ���F� �� ilai; �' „� I � � �/�, � >�4 �� ,� +� , �� �a���, y�4 r ,� i � :�Jf �� �..+ � �j ���,.13g �� ��dj� �� �?�W � r ,�� � � �,,a '� � � � �'°a �'� ” � ,U,, ��,. �„ i M �� � i� � � '��}�A� G" V � I)II� ��W� �i ����al!l;��i��� � ��� r ' r !� � �N � ty l� � s i "1 ��' J err,�,,f� `��/ / f f, o � ;a� �., AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of June 24, 2014 Second Reading Ordinance for the City Council Meeting of July 8, 2014 DATE: June 6, 2014 TO: Ronald L. Olson, City Manager FROM: Barney Williams, P.E., Interim Director, Development Services Department BarneyW@cctexas.com (361) 826-3595 Rezoning from: "CG-2" General Commercial District to "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 1 and from "CG-2/PUD" General Commercial District with a Planned Unit Development Overlay to "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 2, on property located at the northeast corner of Laguna Shores Road and Caribbean Drive. CAPTION: Case No. 01213-01 Laguna Village, Inc.: A change of zoning from the "CG-2" General Commercial District to the "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 1 and from the "CG-2/PUD" General Commercial District with a Planned Unit Development Overlay to the "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 2. The property to be rezoned is described as being a 3.0-acre tract of land out of all of Lot 1-A, the remaining portions of Lots 1, 2 and 3, and all of Lots 15, 16, 17, 18 and 19, Surfside Addition located on the northeast corner of Laguna Shores Road and Caribbean Drive. PURPOSE: The purpose of this item is to allow a 40-unit single-family Planned Unit Development. RECOMMENDATION: Planning Commission and Staff Recommendation (May 21, 2014): Approval of the change of zoning from the "CG-2" General Commercial District to the "CR- 2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 1 and from the "CG-2/PUD" General Commercial District with a Planned Unit Development Overlay to the "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 2. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning to allow for development of a Planned Unit Development with 40 single-family residential units. The property is located at the corner of Laguna Shores Road and Caribbean Drive. The gated community will have access to a private street from Caribbean Drive and exit out to Laguna Shores Road. The residential use would be an acceptable use as an expansion of single-family uses located south of the property. This PUD utilizes decreased lot sizes, lot widths, front yard setback, sidewalk width, and street width, while maintaining the required building height and building separation. Infill development should be encouraged at this site. PUDs allow flexibility for attractive, efficient design and can often reduce infrastructure installation and maintenance costs to the city. PUDs can encourage development on difficult sites. ALTERNATIVES: Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Flour Bluff Area Development Plan. The proposed rezoning is consistent with the Future Land Use Plan and the Comprehensive Plan and the Flour Bluff ADP encourages residential development. The platting requirements will involve improvements to storm water systems and street dedications. The proposed rezoning is compatible with the present zoning and conforming uses of nearby properties and to the character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Report with Attachments Aerial Overview Map K:\DEVELOPMENTSVCS\SHARED\LEGISTAR\2014 CC AGENDA ITEMS\6-24-2014\LACUNA VILLAGE,INC\1213-01 AGENDA MEMO,LAGUNA VILLAGE,INC..DOCX Ordinance amending the Unified Development Code ("UDC") upon application by Laguna Village, Inc. ("Owner"), by changing the UDC Zoning Map in reference to a 3.0-acre tract of land out of all of Lot 1- A, the remaining portions of Lots 1, 2 and 3, and all of Lots 15, 16, 17, 18 and 19, Surfside Addition, from the "CG-2" General Commercial District to the "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 1 and from the "CG-2/PUD" General Commercial District with a Planned Unit Development Overlay to the "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 2; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application by Laguna Village, 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, May 21, 2014, during a meeting of the Planning Commission, and on Tuesday, June 24, 2014, 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 Laguna Village, Inc. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 3.0-acre tract of land out of all of Lot 1-A, the remaining portions of Lots 1, 2 and 3, and all of Lots 15, 167 177 18 and 19, Surfside Addition (the "Property"), located on the northeast corner of Laguna Shores Road and Caribbean Drive, from the "CG-2" General Commercial District to the "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 1 and from the "CG-2/PUD" General Commercial District with a Planned Unit Development Overlay to the "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 2 (Zoning Map No. 035028), as shown in Exhibits "A" and "B." Exhibit A, which is a location map pertaining to the Property, and Exhibit B, which is a Master Site Plan, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Planned Unit Development Overlay granted in Section 1 of this ordinance is subject to the following nine conditions: 1. Master Site Plan: The Owner shall develop the Property in accordance with the Master Site Plan as shown in Exhibit B. The development of the Property is to consist of 40 residential units and common area amenities and shall be constructed in one phase. 2. Dwelling Units per Acre: The density of dwelling units on the Property shall not exceed 13.33 dwelling units per acre. 3. Building Height: The maximum height of any structure on the Property shall not exceed 35 feet. 4. Parking: The property must have a minimum of four parking spaces per lot totaling 160 parking spaces for the development. Parking is prohibited within the private street and pedestrian walkways. 5. Setbacks and Lot Width: Minimum setback along Laguna Shores Road shall be 20 feet. Minimum 10-foot wide front yard setbacks shall be provided for each lot along the private street. Minimum width for a residential lot shall be 30 feet. Minimum building separation between each residential unit shall be 10 feet with a five-foot wide side yard for each lot. A four-foot encroachment into the side yard of the staircase and landing will be allowed. Construction must comply with adopted City Building Code. 6. Open Space: The Property must maintain a minimum of 30% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 7. Private Street Access: The property shall provide a one-way private street with a paved width of not less than 24 feet. The private street shall be striped to indicate "Fire Lane/No Parking." The driveway onto Laguna Shores Road shall be for egress only. 8. Pedestrian Access: A minimum five-foot wide sidewalk shall be constructed along the north side of the property as shown on the Master Site Plan. 9. Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. 1213-01 Ordinance, Laguna Village, Inc 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 and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor 1213-01 Ordinance, Laguna Village, Inc Page 3 of 3 M ti " RN 7 ry H h lq�Fq o o H O V Q M 4 M SUBJECT O QM CG-2 n PROPERTY CN=1 n Q� N TRACT 1 N �C17 Ar N O T R S 6 n RACT,2 CG(-2 PUP Q O " q N N a N ~ cgRjeeF , N '° qNry 'O " R RS-6 N N M N b � Q H N � O N 4 H ry OM a o J CG-2 � ti ti M M ti e ti ti M O " Date Created:51812014 0 n " 400 800 Prepared By:JEREMYM Feet Department of Development Services Q H CASE: 1213-01 Cayo Del Oso Oy'S/OWN.c4TR'c'OOR SUBJECT PROPERTY WITH ZONING ® Subject gR�ee�4NOR m Property SUBJECT RM-1 Multifamily 1 IL Light Industrial R PROPERTY RM-2 Multifamily 2 IH Heavy Industrial PO 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 �O CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 v� CN-2 Neighborhood Commercial RS-TF Two-Family �P CR-1 Resort Commercial RS-15 Single-Family 15 CR-2 Resort Commercial g RE Residential Estate CG-1 General Commercial �c RS-TH Townhouse CG-2 General Commercial SP Special Permit N CI Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial G p RMH Manufactured Home W CR-3 Resort Commercial FR Farm Rural S, City of H Historic Overlay �\ U BP Business Park LChristi O S OCATION MAP Exhibit A g g x w a z ti = s0 Pzo=QOQ z w UP o o o ot o o" = a -o 0 o 0 o o A A =oo=oo- ° o A o o w p "Mwe C7 aop�p=ppQ° d o o o = s - oo- s s o o o - Q - - _ o - _ it o o z o _ _ i s o ° _ o o zu o o - � - - l� o o U w - - ��� 3 - - 3p Cry c Z 3 O o p ao 30 3 3 'o o - 3 m�0,�, u z ____ o - °�i - - - _ e 30 30°= - - - - - - - 0000 ¢Z �r3�O - - - - - w 3 a _ a 3 0 - o - _ _ - W. �z., h -oo-o o o "_ �s U s z _ J �o-sai m 8o mm >.Por Q i z aaob ^w ( ise r w a —J-- o oo &� 11 ���\ Ja/ ;i � ✓�� � �"/^ / z " > aFa i ` uzh Pu o y J o I rr �i" zooms e / 3 n 00 oouu moo ---_L- LL Exhibit "B" PLANNING COMMISSION FINAL REPORT Case No.: 1213-01 HTE No.: 13-10000038 Planning Commission Hearing Date: May 21, 2014 Applicant/Owner/Representative: Laguna Village, Inc. Legal Description/Location: 3.0-acre tract of land out of all of Lot 1-A, 0 .a the remaining portions of Lots 1, 2 and 3, and all of Lots 15, 16, 17, 18 and a J U 19, Surfside Addition. The subject property is located on the northeast Q°a Q corner of Laguna Shores Road and Caribbean Drive. Tract 1: From: "CG-2" General Commercial District To "CR-2/PUD" Resort Commercial District with a Planned Unit y Development Overlay Q Tract 2: Cr Q From: "CG-2/PUD" General Commercial District with a Planned Unit Development Overlay To "CR-2/PUD" Resort Commercial District with a Planned Unit .o Development Overlay N Area: 3.0 acres Purpose of Request: To allow a 40-unit single-family Planned Unit Development that deviates from typical "RS-4.5" Single-Family 4.5 District development standards. Existing Zoning Existing Land Use Future Land District Use "CG-2" General Commercial Site and "CG-2/PUD" Vacant Commercial c� General Commercial a� y with PUD Overlay •� y "CG-2" Commercial/ Low 0 North General Commercial Density Residential Commercial "CG-211 Commercial/Low }, J General Commercial Vacant & Low y South and "RS-6" Single- Density Residential Density Residential W Family 6 East "RS-6" Single-Family 6 Vacant Commercial "CN-1" West Neighborhood Commercial Commercial Commercial Area Development Plan: The subject property is located within the boundaries of the Flour Bluff Development Plan and is proposed for cL c residential uses. The proposed rezoning to the "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay is consistent a c with the adopted Future Land Use Plan, which slates the property for acommercial uses. Map No.: 035028 Zoning Violations: None c Transportation and Circulation: The subject property has approximately CL.0 184 feet of frontage along Laguna Shores Road, which is designated as a "P1" Parkway, and has approximately 743 feet of frontage along Caribbean Drive, which is designated as a "Cl" Residential Collector street. Urban Proposed Existing Traffic Street Transportation Plan Section Section Volume O Type Laguna Parkway 80' ROW 70' ROW Not L Shores Road 40' paved 22' paved Available Cn Caribbean Minor Collector 60' ROW 55' ROW Not Drive 40' paved 22' paved Available Staff Summary: Requested Zoning: Requested Zoning: The applicant is requesting a rezoning from the "CG-2" General Commercial District to the "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 1 and from the "CG-2/PUD" General Commercial District with a Planned Unit Development Overlay to the "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 2 for a 40-unit single-family development. Using a PUD would commit the developer to a site plan that could not be changed significantly without public hearing. Development Plan: The proposed Planned Unit Development (PUD) will consist of 40 single-family units on a 3.0-acre site resulting in a density of 13.33 dwelling units per acre. The lots will have a minimum area of 2,323 square feet and a minimum width of 30 feet. Each lot will have direct access to a private one-way street with a minimum width of 24 feet and a 5-foot sidewalk on one side. Each unit will be provided four parking spaces (2 stacked) for each lot. The development will maintain a minimum of 30% open space (for entire 3.0 acres). The development will be a gated community with common open space providing access to a marina and a sidewalk that leads to Laguna Shores Road. The following table is a comparison of the proposed PUD development standards and the Unified Development Code (UDC) standards for the "RS-4.5" Residential District. The table states all necessary deviations from the UDC. Minimum Dimensions "RS-4.5"District Standards Proposed PUD Deviation Lot Area 4,500 SF 2,323 SF Yes Density 9.68 13.33 Yes Dwelling Lot Width 45 ft. 30 ft. Yes Front Yard 20 ft. 10 ft. Yes Side Yard 5 ft. 5 ft. No Rear Yard 5 ft. 5 ft. No Building Separation 10 ft. 10 ft. No Open Space 30% 37.42% No Maximum Height 35 ft. Not to exceed 35 ft. No Paved Street Width 28 ft. 24 ft. Yes Curb Type 6-in. curb &gutter No curb Yes Parking Requirement 2.0/lot 4/lot 160 total No 4-foot on both sides or 6-foot 5-foot sidewalk on Sidewalks on one side of private street one side of private Yes street Existing Land Uses & Zoning: The subject property, zoned "CG-2" General Commercial District and "CG-2/PUD" General Commercial District with a Planned Unit Development Overlay, contains 3.0 acres of vacant land. North of the subject property, there are two developed properties in a "CG-2" General Commercial District. One property is a bar and the other is a residential use. South of the subject property is a residential neighborhood zoned "RS-6" Single-Family 6 District. East of the subject property is the Cayo de Oso. West of the subject property, zoned "CN-1" Neighborhood Commercial District, is developed with a Stripes convenience store. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The majority of the property is currently platted and will be replatted in accordance with the Master Development Plan. Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is consistent with the adopted Future Land Use Plan, which slates the property for a commercial use. A residential use would be an acceptable use as an expansion of single-family uses located south of the property. The Comprehensive Plan and Flour Bluff ADP both encourage residential development. The PUD meets the following polices of the Comprehensive Plan: • Platting requirements will involve improvements to storm water systems and street dedications. The street dedications along with Access Management techniques will improve traffic movements at this intersection, which will encourage public access to the Cayo de Oso (Policy Statement B.11). • The Planned Unit Development at this intersection will encourage future Capital Improvement Projects in this area as per Transportation Plan statements in the Flour Bluff ADP. One improvement will be developing Laguna Shores Road into a parkway with an 8-foot hike and bike lane on the east side of the parkway that will tie-in to the PUD entrance (Policy Statement C.5). • The open space requirement will buffer development and drainage to the Cayo de Oso, as well as, providing a bird and wildlife lookout, a policy statement of the Flour ADP (Policy Statement B.11). • The PUD will provide a sanitary sewer tie-in to the City's main that supports an infrastructure policy for properties with a high water table near the Cayo de Oso, thus protecting the sensitive wetland environments and water quality from septic systems (Policy Statement D.6). Department Comments: • The proposed rezoning is consistent with the Future Land Use Plan and the Comprehensive Plan. • The proposed rezoning is compatible with the present zoning and conforming uses of nearby properties and to the character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • The subject property is suitable for the uses proposed by this rezoning. • This PUD utilizes decreased lot sizes, lot widths, front yard setback, sidewalk width, and street width, while maintaining the required building height and building separation. • Infill development should be encouraged at this site. PUDs allow flexibility for attractive, efficient design and can often reduce infrastructure installation and maintenance costs to the city. PUDs can encourage development on difficult sites. Planning Commission and Staff Recommendation (May 21, 2014): Approval of the change of zoning from the "CG-2" General Commercial District to the "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 1 and from the "CG-2/PUD" General Commercial District with a Planned Unit Development Overlay to the "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 2 and that the Future Land Use Plan be amended to reflect the new residential density, subject to the following nine conditions: 1. Master Site Plan: The Owner shall develop the Property in accordance with the Master Site Plan as shown in Exhibit B. The development of the Property is to consist of 40 residential units and common area amenities and shall be constructed in one phase. 2. Dwelling Units per Acre: The density of dwelling units on the Property shall not exceed 13.33 dwelling units per acre. 3. Building Height: The maximum height of any structure on the Property shall not exceed 35 feet. 4. Parking: The property must have a minimum of four parking spaces per lot totaling 160 parking spaces for the development. Parking is prohibited within the private street and pedestrian walkways. 5. Setbacks and Lot Width: Minimum setback along Laguna Shores Road shall be 20 feet. Minimum 10-foot wide front yard setbacks shall be provided for each lot along the private street. Minimum width for a residential lot shall be 30 feet. Minimum building separation between each residential unit shall be 10 feet with a five-foot wide side yard for each lot. A four-foot encroachment into the side yard of the staircase and landing will be allowed. Construction must comply with adopted City Building Code. 6. Open Space: The Property must maintain a minimum of 30% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 7. Private Street Access: The property shall provide a one-way private street with a width of not less than 24 feet and will exit-only onto Laguna Shores Parkway. The private street shall be striped to indicate "Fire Lane/No Parking." The driveway onto Laguna Shores Road shall be for egress only. 8. Pedestrian Access: A minimum five-foot wide sidewalk shall be the constructed along the north side of the property as shown on the Master Site Plan. 9. Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. c Number of Notices Mailed — 20 within 200' notification area; 3 outside notification 0 area As of June 6, 2014: Z In Favor — 2 (inside notification area); 0 (outside notification area) In Opposition — 0 (inside notification area); 0 (outside notification area) 3 n a For 0.00% in opposition. Exhibits: A. Location Map (With Existing Zoning & Notice Area) B. Master Development Plan K:\DEVELOPMENTSVCS\SHARED\LEGISTAR\2014 CC AGENDA ITEMS\6-24-2014\LACUNA VILLAGE,INC\1213-01 REPORT FOR CC LAGUNA VILLAGE.DOCX M ti " RN 7 ry H h lq�Fq o o H O V Q M 4 M SUBJECT O QM CG-2 n PROPERTY CN=1 n Q� N TRACT 1 N �C17 Ar N O T R S 6 n RACT,2 CG(-2 PUP Q O " q N N a N ~ cgRjeeF , N '° qNry 'O " R RS-6 N N M N b � Q H N � O N 4 H ry OM a o J CG-2 � ti ti M M ti e ti ti M O " Date Created:51812014 0 n " 400 800 Prepared By:JEREMYM Feet Department of Development Services Q H CASE: 1213-01 Cayo Del Oso Oy'S/OWN.c4TR'c'OOR SUBJECT PROPERTY WITH ZONING ® Subject gR�ee�4NOR m Property SUBJECT RM-1 Multifamily 1 IL Light Industrial R PROPERTY RM-2 Multifamily 2 IH Heavy Industrial PO 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 �O CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 v� CN-2 Neighborhood Commercial RS-TF Two-Family �P CR-1 Resort Commercial RS-15 Single-Family 15 CR-2 Resort Commercial g RE Residential Estate CG-1 General Commercial �c RS-TH Townhouse CG-2 General Commercial SP Special Permit N CI Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial G p RMH Manufactured Home W CR-3 Resort Commercial FR Farm Rural S, City of H Historic Overlay �\ U BP Business Park LChristi O S OCATION MAP Exhibit A O o o � U Q o = so P=°000Q U z W o o o Qog o o 10° w w _ aop2a=aaQ> Q p -7 7 s °g' s s _ o o o o 0 00 o d g Qo - a - - - o z _ i s a5� J - o o - - Z.,z, lo lo w o o - oo, �z a o ao M - � - s - - s --- - m°oy a °z ° s= &� °g zozg y� �� o „o to °o.Q _ _ _ _ C O F o.o - - - - 3 - - 5 3 _� "o< my QQ ha" 3 - - - - - - - - - - " "< �s o v s z m 8o mm >.Por S� z aaob ^w y J o rri" zooms ' e / 3 n 00 — a p 4 o= � _ \ Vim¢ - 000Q moo o°� Exhibit "B" rrr� ,f d 4* Z 4-J r � � .� �:� '� ��� a>� �� µ �pry% ��� }p. 1: �' "'�i i ti'CL 4�" �i,�" `V I �4 �u � � / f �" � ���i � F f� j� II �� i� i � � r J��% y � ,, % ���i.. n � '�'+7ys j Fi ��� � % i � f ��i ti v i✓;; �� Nry9y� ��z P'' i ii i r d� �i �. ,, , � �,.�y O � �i �� � � ,S �u� "' s: ��; 1 9 n�Yga 'tl, �i "� r�jrr it ' ;,, �a�3�� i �n � l �J�Jvr ��. �,��, � r�,4'B�4 � .i ;�„ d AGENDA MEMORANDUM oaPOwR ko First Reading Ordinance for the City Council Meeting of June 24, 2014 2852 Second Reading Ordinance for the City Council Meeting of July 8, 2014 DATE: June 11, 2014 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floydspcctexas.com 886-2604 Accepting and appropriating a grant to purchase equipment for the Internet Crimes Against Children (ICAC) Task Force program CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Office of Juvenile Justice and Delinquency Prevention Internet Crimes Against Children (ICAC) Task Force program, in the amount of $7,981 to purchase equipment for the ICAC program within the Police Department; and appropriating the $7,981 in the No. 1061 Police Grants Fund. PURPOSE: Accept the grant and appropriate the funds. BACKGROUND AND FINDINGS: The Office of Juvenile Justice and Delinquency Prevention Internet Crimes against Children Task Force program has approved a grant for the Corpus Christi Police Department Internet Crimes Against Children Task Force. The Police Department has been a member of the ICAC since 2003. These funds will be used for the purchase of equipment. There is no match required by the City. Funds are available from June 1, 2014 through August 31, 2014. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $7,981 $7,981 BALANCE $7,981 $7,981 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award letter GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL AND CORPUS CHRISTI POLICE DEPARTMENT OAG Contract No. 1450386 This grant contract is executed between the Office of the Attorney General (OAG) and Corpus Christi Police Department (GRANTEE) for certain grant funds. The Office of the Attorney General and Corpus Christi Police Department may be referred to in this contract individually as "Party" or collectively as "Parties." SECTION 1. PURPOSE OF THE CONTRACT The Internet Crimes Against Children (ICAO) Task Force Program, United States Department of Justice, Office of Justice Programs (OJP), Office of Juvenile Justice and Delinquency Prevention, seeks to maintain and expand State and regional ICAC task forces to address technology-facilitated child exploitation. These task forces work collaboratively as a national network of law enforcement and prosecutorial agencies that prevent, interdict, and investigate Internet crimes against children. The program requires existing task forces to develop multi- jurisdictional, multi-agency responses to such offenses by providing funding and other support to State and local law enforcement agencies as a means to help them acquire the necessary knowledge, personnel, and equipment. The purpose of this contract is to provide reasonable contractual controls to ensure that the public purposes of the grant are achieved. SECTION 2 TERM OF THE CONTRACT This contract shall begin on June 1, 2014 and shall terminate August 31, 2014, unless it is terminated earlier or extended in accordance with another provision of this contract. The OAG is not obligated to reimburse expenses that were incurred prior to the commencement or after the termination of this contract. SECTION 3 GRANTEE'S CONTRACTUAL SERVICES 3.1 GRANTEE's Compliance with the Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, Cooperative Agreement for Award Number 2012-MC-FX-K047. The GRANTEE will comply with the terms and conditions as set forth and required in the Cooperative Agreement between the OAG and the Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, Award Number 2012-MC-FX-K047, (OAG Award Document), as well as the applicable provisions of the OAG ICAC Grant Application or OAG Award Document as supplemented, amended or adjusted. ICAC Subrecipient Grant Contract—Corpus Christi Police Department 1450386 Page I of 18 3.2 Establishment of Final Project Budget; Grant Project Narrative; Special Conditions. The GRANTEE's budget is attached as Exhibit A. The grant project narrative is as follows: To support certain Internet Crimes Against Children (ICAC) equipment, supplies, and travel. The Special Conditions, including the OAG Award Document, are attached as Exhibit B. The OAG, at its sole discretion, will establish the final project targets, outputs, and outcomes. In addition, the OAG, at its sole discretion, may adjust GRANTEE's budget, targets, outputs, outcomes and/or any other items as deemed appropriate by the OAG, at any time, during the term of this contract. The OAG, at its sole discretion, may supplement, amend or adjust the Special Conditions attached to this contract. SECTION 4 REQUIRED REPORTS 4.1 General Matters 4.1.1 Required Reports; Form of Reports; Filings with the OAG. GRANTEE shall forward to the OAG, the applicable reports on forms as specified by the OAG. GRANTEE shall ensure that it files each document or form required by the OAG in an accurate and timely manner. Unless filing dates are given herein, all other reports and other documents that GRANTEE is required to forward to the OAG shall be promptly forwarded. From time to time, the OAG may require additional information from GRANTEE. 4.1.2 Cooperation; Additional Information; Immediate Notification and Correction and Inaccuracies. GRANTEE shall cooperate fully with the OAG. In addition to the information contained in the required reports, other information may be required as requested by the OAG. GRANTTEE will immediately notify the OAG in the event GRANTEE discovers that any previously submitted information was inaccurate and forward the correction information to the OAG. 4.1.3 Notification of Changes in Organization, Changes in Authorized Official or Grant Contact. GRANTEE shall submit within ten (10) business days, notice to the OAG of any change of the following: GRANTEE's name; contact information; key personnel, officer, director or partner; organizational structure; legal standing; or authority to do business in Texas. GRANTEE shall promptly notify the OAG, preferably in advance, of a change in address or main telephone number of GRANTEE. A change in GRANTEE's name requires an amendment to the contract. To change an Authorized Official, GRANTEE must submit a written request on GRANTEE's letterhead, with original signature. GRANTEE, by an email, fax or GRANTEE letterhead signed by the Authorized Official, may request a change to the Grant Contact. ICAC Subrecipient Grant Contract—Corpus Christi Police Department 1450386 Page 2 of 18 4.1.4 Standards for Financial and Programmatic Management. GRANTEE and its governing body shall bear full and sole responsibility for the integrity of the fiscal and programmatic management of the organization including financial and programmatic policies and procedures. Such fiscal and programmatic management shall include accountability for all funds and materials received from the OAG; compliance with OAG rules, policies and procedures, and applicable federal and state laws and regulations; and correction of fiscal and program deficiencies identified through self-evaluation and/or the OAG's monitoring processes. Ignorance of any contract provisions or other requirements referenced in this contract shall not constitute a defense or basis for waiving or failing to comply with such provisions or requirements. GRANTEE shall develop, implement, and maintain appropriate financial management and control systems, which include budgets that adequately reflect all functions and resources necessary to carry out authorized activities and the adequate determination of costs; accurate and complete payroll, accounting, and financial reporting records; cost source documentation; effective internal and budgetary controls; allocation of costs; and timely and appropriate audits and resolution of any findings and applicable annual financial statements. 4.1.5. Security and Confidentiality of Records. GRANTEE shall establish a method to secure the confidentiality of records required to be kept confidential by applicable federal and state law, rules and regulations. This provision shall not be construed as limiting the OAG's access to such records and other information. 4.2 Programmatic Reports 4.2.1 ICAC Semi-Annual Statistical (Performance) Reports, including Outcome Measure Reports. GRANTEE will support the OAG in its progress reporting requirements, including the reporting requirements of outcome measures. The OAG is required to report, within 30 days after the end of the reporting periods, certain outcome measures. The semi-annual reporting periods end on the last day of June and December each year. The OAG will establish deadlines for the GRANTEE to meet its requirement to report to the OAG. Contents of Semi-Annual Statistical Reports. GRANTEE shall report data to the OAG on the following outcome measures: a. Number of CyberTipLine referrals received and investigated; b. Number of indictments obtained on CyberTipLine referrals; c. Number of convictions obtained on CyberTipLine referrals; d. Number of online solicitation of a minor(or its equivalent) arrests; e. Number of online solicitation of a minor (or its equivalent) indictments obtained; f. Number of online solicitation of a minor (or its equivalent) convictions ICAC Subrecipient Grant Contract—Corpus Christi Police Department 1450386 Page 3 of 18 obtained; g. Total number of ICAC-related arrests during reporting period; h. Number of partner agencies that sign memorandum certifying compliance with ICAC program guidelines; i. Number of investigative technical assistance sessions that ICAC task force provides to non-member law enforcement agencies; j. Number of computer forensic technical assistance examinations that ICAC task forces provide to non-member law enforcement agencies; k. Percent increase in arrests related to technology-facilitated child sexual exploitation and Internet Crimes Against Children; 1. Percent increase in computer forensic examinations completed by ICAC task forces; and m. Percent increase in investigative technical assistance sessions provided by ICAC task forces to nonmember law enforcement agencies. 4.2.2 ICAC Task Force Program Monthly Performance Measures. GRANTEE will support the OAG in its reporting requirements of the ICAC Task Force Program Monthly Performance Measures. The OAG will establish the GRANTEE's monthly reporting deadlines. The Performance Measures, which shall contain at a minimum the following additional supporting data elements: a. Complaints; b. Case Information; c. Goals; d. Court Actions; e. Technical Assists; f Training; and g. Community Outreach Presentations. 4.2.3 ICAC Annual Reports. GRANTEE will support the OAG in its reporting requirements of the following measures: a. Staffing levels of the task force, including the number of investigators, prosecutors, education specialists, and forensic specialists dedicated to investigating and prosecuting Internet crimes against children. b. Investigation and prosecution performance measures of the task force, including: 1. the number of investigations initiated related to Internet Crimes Against Children; 2. the number of arrests related to Internet Crimes Against Children; and 3. the number of prosecutions for Internet Crimes Against Children, including- i. whether the prosecution resulted in a conviction for such crime; and ICAC Subrecipient Grant Contract—Corpus Christi Police Department 1450386 Page 4 of 18 ii. the sentence and the statutory maximum for such crime under State law. c. The number of referrals made by the task force to the United States Attorneys office, including whether the referral was accepted by the United States Attorney. d. Statistics that account for the disposition of investigations that do not result in arrests or prosecutions, such as referrals to other law enforcement. e. The number of investigative technical assistance sessions that the task force provided to nonmember law enforcement agencies. f. The number of computer forensic examinations that the task force completed. g. The number of law enforcement agencies participating in Internet Crimes Against Children program standards established by the task force. 4.2.4 Written Explanation of Variance. GRANTEE is required to provide a written explanation to the OAG for any variances by GRANTEE from projected performance. In addition to the written explanation, GRANTEE shall promptly answer any questions of the OAG, whether in writing or otherwise, in connection with the any reports presented to the OAG. 4.2.5 Other Program Reports. GRANTEE shall cooperate fully in any social studies, fiscal or programmatic monitoring, auditing, evaluating, and other reviews pertaining to services rendered by GRANTEE which may be conducted by the OAG or its designees. GRANTEE shall submit service delivery reports required by the contract or self-evaluations of performance and other reports requested by the OAG in appropriate format and on a timely basis and make available at reasonable times and for reasonable periods, client records and other programmatic or financial records, books, reports, and supporting documents for reviewing and copying by the OAG or its designees. 4.3 Financial Matters 4.3.1 Grant Budgets. With regard to the use of funds pursuant to this contract, GRANTEE will immediately review the annual budget as established in this contract. 4.3.2 Monthly Request for Reimbursement and Financial Status Report. Grant funds are paid on a cost reimbursement basis. GRANTEE will submit, each month, a monthly request for reimbursement for the actual and allowable allocable costs incurred by GRANTEE for project costs to provide services under this contract. The payments made to GRANTEE shall not exceed its actual and allowable allocable costs to provide the services under this contract. The request for reimbursement will be submitted to the OAG in the form and manner as approved by the OAG and will specify the detailed and total expenses for the month, in the ICAC Subrecipient Grant Contract—Corpus Christi Police Department 1450386 Page 5 of 18 following cost categories: (i) personnel and fringe benefits, reported separately, (ii) professional and consulting services, (iii) travel, (iv) equipment, (v) supplies, and (vi) other direct operating expenses. The request for reimbursement must be accompanied by supporting documentation as required by the OAG. The OAG may from time to time require different or additional supporting documentation. A financial status report is required each month, whether GRANTEE has paid expenses, or is seeking reimbursement. 4.3.3 Fiscal Year End Required Reports. On or before April 15, 2014 or a date as established by the OAG, GRANTEE will submit fiscal year end required reports. Record of Reimbursement. GRANTEE will submit a reconciled record of its expenses for the prior fiscal year in the following cost categories: (i) personnel and fringe benefits, reported separately, (ii) professional and consulting services, (iii) travel, (iv) equipment, (v) supplies, and (vi) other direct operating expenses. Equipment Inventory Report. GRANTEE will submit an Equipment Inventory Report which provides record of the current inventory of items purchased, disposed, replaced or transferred of any equipment purchased with grant funds. 4.3.4 Annual Independent Financial Audit Report. GRANTEE shall timely submit to the OAG a copy of its annual independent financial audit— "timely" means on or before May 31 for an grantee whose fiscal year ends on August 31 of each year; otherwise, the timely submission to the OAG is on or before nine (9) months after the end of GRANTEE's accounting year. GRANTEE will contract an independent CPA firm to perform an annual financial audit engagement. GRANTEE's independent CPA firm will determine the type of annual financial audit, which may include a compliance attestation in accordance with the requirements of OMB Circular A-133 (audits of State, Local Government, and Non-Profit Organizations) and/or Texas Single Audit Circular (Single Audit or non-Single Audit financial audit). If applicable, GRANTEE will provide the OAG with any and all annual independent financial audits or audited financial statements, related management letters, and management responses of GRANTEE. 4.3.5 Timing of Submission of Request for Reimbursement to the OAG; Close Out Invoice. GRANTEE is responsible for submitting bills in an accurate and timely manner, and shall make every reasonable effort to submit monthly billings to the OAG, which cover the previous month's expenses, so that they are received by the OAG on or before the twentieth (20th) of each month, or if the 20th falls on a weekend or holiday, the next business day. The OAG will make all reasonable efforts to promptly process and make payments on properly completed billings. GRANTEE may submit a final invoice not later than the earlier of(1) forty- five (45) calendar days after termination of this contract; or (2) forty-five (45) calendar days after the end of each state fiscal year. 4.3.6 Reimbursement of Actual and Allowable Costs. The OAG shall only reimburse costs ICAC Subrecipient Grant Contract—Corpus Christi Police Department 1450386 Page 6 of 18 incurred and paid by GRANTEE during the term of this contract. The OAG shall only reimburse GRANTEE for employee costs that are directly related to performing the responsibilities of this contract. 4.3.7 Refunds and Deductions. If the OAG determines that GRANTEE has been overpaid grant funds under this contract, such as payments made inadvertently or payments made but later determined to not be actual and allowable allocable costs, GRANTEE shall refund that amount of the OAG reimbursement identified by the OAG as an overpayment. The OAG may offset and deduct the amount of the overpayment from any amount owed to GRANTEE, as a reimbursement, but not yet paid by the OAG to GRANTEE. The OAG may choose to require a payment directly from GRANTEE rather than offset and deduct a specified amount. GRANTEE shall refund any overpayment to the OAG within thirty (30) calendar days of the receipt of the notice of the overpayment from the OAG unless an alternate payment plan is specified by the OAG. 4.3.8 Purchase of Equipment; Maintenance and Repair; Title upon Termination. GRANTEE shall not give any security interest, lien or otherwise encumber any item of equipment purchased with contract funds. GRANTEE shall permanently identify all equipment purchased under this contract by appropriate tags or labels affixed to the equipment. GRANTEE shall maintain a current inventory of all equipment which shall be available to the OAG at all times upon request, however, as between the OAG and Grantee title for equipment will remain with Grantee. GRANTEE will maintain, repair, and protect all equipment purchased in whole or in part with grant funds so as to ensure the full availability and usefulness of such equipment. In the event GRANTEE is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the equipment purchased under this contract, it shall use the proceeds to repair or replace said equipment. 4.3.9 Direct Deposit. GRANTEE may make a written request to the OAG to be placed on Direct Deposit status by completing and submitting to the OAG the State Comptroller's Direct Deposit Authorization Form. After the direct deposit request is approved by the OAG and the setup is completed on the Texas Identification Number System by the State Comptroller's Office, payment will be remitted by direct deposit and the OAG will discontinue providing GRANTEE with copies of reimbursement vouchers. SECTION 5 OBLIGATIONS OF OAG 5.1 Monitoring. The OAG is responsible for closely monitoring GRANTEE to ensure the effective and efficient use of grant funds to accomplish the purposes of this contract. 5.2 Maximum Liability of OAG. The maximum liability of the OAG is contained in the attached Exhibit A. Any change to the maximum liability must be supported by a written amendment to this contract. ICAC Subrecipient Grant Contract—Corpus Christi Police Department 1450386 Page 7 of 18 5.3 Reimbursement of Grantee Expenses. The OAG shall be obligated to reimburse GRANTEE for all actual and allowable allocable costs incurred by GRANTEE pursuant to this contract. The OAG is not obligated to pay unauthorized costs. Prior written approval from the OAG is required if GRANTEE anticipates altering the scope of the grant, adding funds to previously un-awarded budget categories, changing funds in any awarded budget category by more than 10% of the annual budget and/or adding new line items to any awarded budget category. 5.4 Contract Not Entitlement or Right. Reimbursement with contract funds is not an entitlement or right. Reimbursement depends, among other things, upon strict compliance with all terms, conditions and provisions of this contract. The OAG and GRANTEE agree that any act, action or representation by either party, their agents or employees that purports to increase the maximum liability of the OAG is void unless a written amendment to this contract is first executed. GRANTEE agrees that nothing in this contract will be interpreted to create an obligation or liability of the OAG in excess of the funds delineated in this contract. 5.5 Funding Limitation. GRANTEE agrees that funding for this contract is subject to the actual receipt by the OAG of grant funds (state and/or federal) appropriated to the OAG. GRANTEE agrees that the grant funds if any, received from the OAG are limited by the term of each state biennium and by specific appropriation authority to and the spending authority of the OAG for the purpose of this contract. GRANTEE agrees that, notwithstanding any other provision of this contract, if the OAG is not appropriated the funds or if the OAG does not receive the appropriated funds for this grant program, or if the funds appropriated to the OAG for this grant program are required by the state to be reallocated to fund other state programs or purposes, the OAG is not liable to pay the GRANTEE any remaining balance on this contract. SECTION 6 TERMINATION 6.1 Termination for Convenience. Either Party may, at its sole discretion, terminate this contract without recourse, liability or penalty, upon thirty (30) calendar days notice to the other party. 6.2 Termination for Cause. In the event that GRANTEE fails to perform or comply with an obligation of the terms, conditions and provisions of this contract, the OAG may, upon written notice of the breach to GRANTEE, immediately terminate this contract. 6.3 Termination Not Exclusive Remedy; Survival of Terms and Conditions. Termination is not an exclusive remedy, but will be in addition to any other rights and remedies provided in equity, by law, or under this contract. Termination of this contract for any reason or expiration of this contract shall not release the Parties from any liability or obligation set forth in this contract that is expressly stated to survive ICAC Subrecipient Grant Contract—Corpus Christi Police Department 1450386 Page 8 of 18 any such termination or by its nature would be intended to be applicable following any such termination. The following terms and conditions, (in addition to any others that could reasonably be interpreted to survive but are not specifically identified), survive the termination or expiration of this contract: Sections 4, 5, 7; 11; and 12. SECTION 7 AUDIT RIGHTS; RECORDS RETENTION 7.1 Duty to Maintain Records. GRANTEE shall maintain adequate records that enable the OAG to verify all reporting measures and requests for reimbursements related to this contract. GRANTEE also shall maintain such records as are deemed necessary by the OAG, OAG's auditor, the State Auditor's Office or other auditors of the State of Texas, the federal government or such other persons or entities designated by the OAG, to ensure proper accounting for all costs and performances related to this contract. 7.2 Records Retention. GRANTEE shall maintain and retain for a period of four (4) years after the submission of the final expenditure report, or until full and final resolution of all audit or litigation matters which arise after the expiration of the four (4) year period after the submission of the final expenditure report, whichever time period is longer, such records as are necessary to fully disclose the extent of services provided under this contract, including but not limited to any daily activity reports and time distribution and attendance records, and other records that may show the basis of the charges made or performances delivered. 7.3 Audit Trails. GRANTEE shall maintain appropriate audit trails to provide accountability for all reporting measures and requests for reimbursements. Audit trails maintained by GRANTEE will, at a minimum, identify the supporting documentation prepared by GRANTEE to permit an audit of its systems. GRANTEE's automated systems, if any, must provide the means whereby authorized personnel have the ability to audit and to verify contractually required performances and to establish individual accountability for any action that can potentially cause access to, generation of, or modification of confidential information. 7.4 Access and Audit. At the request of the OAG, GRANTEE shall grant access to and make available all paper and electronic records, books, documents, accounting procedures, practices, and any other items relevant to the performance of this contract, compliance with the applicable state or federal laws and regulations, and the operation and management of GRANTEE to the OAG or its designees for the purposes of inspecting, auditing, or copying such items. GRANTEE will direct any other entity, person, or contractor receiving fund directly under this contract or through a subcontract under this contract to likewise permit access to, inspection of, and reproduction of all books, records and other relevant information of the entity, person or contractor that pertain to this contract. All records, books, documents, accounting procedures, practices, and any other items, in whatever form, relevant to the performance of this contract shall be subject to examination or audit. Whenever practical as determined at the sole discretion of the OAG, the OAG shall provide GRANTEE with up to five (5) business days advance notice of any such examination or audit. ICAC Subrecipient Grant Contract—Corpus Christi Police Department 1450386 Page 9 of 18 7.5 State Auditor. In addition to and without limitation on the other audit provisions of this contract, pursuant to Section 2262.003 of the Texas Government Code, the State Auditor's Office may conduct an audit or investigation of GRANTEE or any other entity or person receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. The acceptance of funds by GRANTEE or any other entity or person directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the State Auditor's Office, under the direction of the Legislative Audit Committee, to conduct an audit or investigation in connection with those funds. Under the direction of the Legislative Audit Committee, GRANTEE or another entity that is the subject of an audit or investigation by the State Auditor's Office must provide the State Auditor's Office with access to any information the State Auditor's Office considers relevant to the investigation or audit. GRANTEE further agrees to cooperate fully with the State Auditor's Office in the conduct of the audit or investigation, including providing all records requested. GRANTEE shall ensure that this paragraph concerning the authority to audit funds received indirectly by subcontractors through GRANTEE and the requirement to cooperate is included in any subcontract it awards. The State Auditor's Office shall at any time have access to and the right to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records of GRANTEE related to this contract. 7.6 Location. Any audit of records shall be conducted at GRANTEE's principal place of business and/or the location(s) of GRANTEE's operations during GRANTEE's normal business hours. GRANTEE shall provide to OAG or its designees, on GRANTEE's premises (or if the audit is being performed of a subcontractor, the subcontractor's premises if necessary) private space, office furnishings (including lockable cabinets), telephone and facsimile services, utilities and office-related equipment and duplicating services as OAG or its designees may reasonably require to perform the audits described in this contract. SECTION 8 SUBMISSION OF INFORMATION TO THE OAG The OAG will designate methods for submission of information to the OAG by GRANTEE. The OAG generally requires submission of information via email or hard copy format. Some reporting requirements must occur via the internet and/or a web-based data collection method. Programmatic Reports and Information (excluding Financial Reports). All quarterly statistical reports, annual performance reports, correspondence, reports or notices, except financial reports specified below, must be submitted via email to: OAG-Grants@texasattomeygeneral.gov If requested or approved by the OAG, other programmatic reports may be submitted to: Program Manager— Grants Administration Division Office of the Attorney General Mail Code 005 ICAC Subrecipient Grant Contract—Corpus Christi Police Department 1450386 Page 10 of 18 Post Office Box 12548 Austin, Texas 78711-2548 8.2 Financial Reports (excluding Programmatic Reports and Information). All financial status reports, requests for reimbursement, audits, and inventory reports, must be submitted in hard copy format to: Financial Manager— Grants Administration Division Office of the Attorney General Mail Code 005 Post Office Box 12548 Austin, Texas 78711-2548 The Annual Independent Financial Audit and related documents, as well as any other reports, if requested or approved by the OAG, may be submitted to: OAG-Grants@texasattomeygeneral.gov SECTION 9 CORRECTIVE ACTION PLANS AND SANCTIONS The Parties agree to make a good faith effort to identify, communicate and resolve problems found by either the OAG or GRANTEE. 9.1 Corrective Action Plans. If the OAG finds deficiencies with GRANTEE's performance under this contract, the OAG, at its sole discretion, may impose one or more of the following remedies as part of a corrective action plan: increase monitoring visits; require that additional or more detailed financial and/or programmatic reports be submitted; require prior approval for expenditures; require additional technical or management assistance and/or make modifications in business practices; reduce the contract amount; and/or terminate this contract. The foregoing are not exclusive remedies, and the OAG may impose other requirements that the OAG determines will be in the best interest of the State. 9.2 Financial Hold. Failure to comply with submission deadlines for required reports, invoices, or other requested information, may result in the OAG, at its sole discretion, placing GRANTEE on immediate financial hold without further notice to GRANTEE and without first requiring a corrective action plan. No reimbursements will be processed until the requested information is submitted. If GRANTEE is placed on financial hold, the OAG, at its sole discretion, may deny reimbursement requests associated with the expenses incurred during the time GRANTEE was placed on financial hold. 9.3 Sanctions. In addition to financial hold, the OAG, at its sole discretion, may impose other sanctions without first requiring a corrective action plan. The OAG, at its sole discretion, may impose sanctions, including, but not limited to, withholding or suspending funding, offsetting previous reimbursements, requiring repayment, disallowing claims for reimbursement, ICAC Subrecipient Grant Contract—Corpus Christi Police Department 1450386 Page I I of 18 reducing funding, terminate this contract and/or any other appropriate sanction. 9.4 No Waiver. Notwithstanding the imposition of corrective actions, financial hold and/or sanctions, GRANTEE remains responsible for complying with the contract terms and conditions. Corrective action plans, financial hold and/or sanctions do not excuse or operate as a waiver of prior failure to comply with this contract. SECTION 10 GENERAL TERMS AND CONDITIONS 10.1 Federal and State Laws, Rules and Regulations, Directives, Guidelines, OMBs and Other Relevant Authorities. GRANTEE agrees to comply with all applicable federal and state laws, rules and regulations, directives, guidelines, OMB circulars, or any other authorities relevant to the performance of GRANTEE under this contract. 10.2 Uniform Grant Management Act, UGMS and Applicable Standard Federal and State Certifications and Assurances. GRANTEE agrees to comply with applicable laws, executive orders, regulations and policies as well as the Uniform Grant Management Act of 1981 (UGMA), Texas Government Code, Chapter, 783, as amended, GRANTEE agrees to comply with Uniform Grant Management Standards (UGMS), as promulgated by the Texas Governor's Budget and Planning Office. Further, GRANTEE agrees to comply with the applicable OAG Certifications and Assurances as contained in the Application Kit. 10.3 Generally Accepted Accounting Principles or Other Recognized Accounting Principles. GRANTEE shall adhere to Generally Accepted Accounting Principles (GAAP) promulgated by the American Institute of Certified Public Accountants, unless other recognized accounting principles are required by GRANTEE. Grantee shall follow OAG fiscal management policies and procedures in processing and submitting for reimbursement GRANTEE's billing and maintaining financial records relating to this contract. 10.4 Conflicts of Interest; Disclosure of Conflicts. GRANTEE has not given or offered to give, nor does GRANTEE intend to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant or employee of the OAG, at any time during the negotiation of this contract or in connection with this contract, except as allowed under relevant state or federal law. GRANTEE will establish safeguards to prohibit its employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. GRANTEE will operate with complete independence and objectivity without actual, potential or apparent conflict of interest with respect to its performance under this contract. GRANTEE must disclose, in writing, within fifteen (15) calendar days of discovery, any existing or potential conflicts of interest relative to its performance under this contract. 10.5 Compliance with Regulatory and Licensing Bodies. GRANTEE agrees that it has obtained all licenses, certifications, permits and authorizations necessary to perform the responsibilities of this contract and currently is in good standing with all regulatory agencies that ICAC Subrecipient Grant Contract—Corpus Christi Police Department 1450386 Page 12 of 18 regulate any or all aspects of GRANTEE's business or operations. GRANTEE agrees to remain in good standing with the Texas Secretary of State, Texas Comptroller of Public Accounts and related federal governmental bodies related to GRANTEE's right to conduct it business in Texas. GRANTEE agrees to comply with all applicable licenses, legal certifications, inspections, and any other applicable local ordinance or state, or federal laws. If GRANTEE is a law enforcement agency regulated by Chapter 1701, Texas Occupations Code, GRANTEE agrees that it is in compliance with all rules developed by the Texas Commission on Law Enforcement Officer Standards and Education. SECTION 11 SPECIAL TERMS AND CONDITIONS 11.1 Independent Contractor Status; Indemnity and Hold Harmless Agreement. GRANTEE expressly agrees that it is an independent contractor and under no circumstances shall any owner, incorporator, officer, director, employee, or volunteer of GRANTEE be considered an OAG employee, agent, servant, joint venturer, joint enterpriser or partner of the OAG. GRANTEE agrees to take such steps as may be necessary to ensure that each contractor of GRANTEE will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant,joint venturer,joint enterpriser or partner of OAG. All persons furnished, used, retained, or hired by or on behalf of GRANTEE or any of GRANTEE'S contractors shall be considered to be solely the employees or agents of GRANTEE or the contractors. GRANTEE or GRANTEE'S contractors shall be responsible for ensuring that any and all appropriate payments are made, such as unemployment, workers compensation, social security, any benefit available to a state employee as a state employee, and other payroll taxes for such persons, including any related assessments or contributions required by law. To the extent allowed by law, GRANTEE or contractors are responsible for all types of claims whatsoever due to the actions or performance under this contract, including, but not limited to, the use of automobiles or other transportation taken by its owners, incorporators, officers, directors, employees, volunteers or any third parties. GRANTEE and/or contractors will indemnify and hold harmless the OAG and/or the State of Texas from and against any and all claims arising out of actions or performance of GRANTEE or GRANTEE'S contractors under this contract. To the extent allowed by law, GRANTEE agrees to indemnify and hold harmless the OAG and/or the State of Texas from any and all liability, actions, claims, demands, or suits, and all related costs, attorney fees, and expenses, that arise from or are occasioned by the negligence, misconduct, or wrongful act or omission of GRANTEE, its employees, representatives, agents, or subcontractors in their performance under this contract. 11.2 Publicity. GRANTEE shall not use the OAG's name or refer to the OAG directly or indirectly in any media release, public service announcement or public service disclosure relating to this contract or any acquisition pursuant hereto, including in any promotional or marketing materials, without first obtaining written consent from the OAG. This section is not intended to and does not limit GRANTEE's ability to comply with its obligations and duties under the Texas ICAC Subrecipient Grant Contract—Corpus Christi Police Department 1450386 Page 13 of 18 Open Meetings Act and/or the Texas Public Information Act. 11.3 Intellectual Property. GRANTEE understands and agrees that where funds obtained under this contract may be used to produce original books, manuals, films, or other original material and intellectual property, GRANTEE may copyright such material subject to the royalty-free, non-exclusive, and irrevocable license which is hereby reserved by the OAG and granted by GRANTEE to the OAG or the state (or federal government, if federal funds are expended in this grant) government. The OAG is granted the unrestricted right to use, copy, modify, prepare derivative works, publish and distribute, at no additional cost to the OAG, in any manner the OAG deems appropriate at its sole discretion, any component of such intellectual property made the subject of this contract. 11.4 Program Income. Gross income directly generated from the grant funds through a project or activity performed under this contract are considered program income. Unless otherwise required under the terms of this contract, any program income shall be used by GRANTEE to further the program objectives of the project or activity funded by this grant, and the program income shall be spent on the same project or activity in which it was generated. GRANTEE shall identify and report this income in accordance with the OAG's reporting instructions. GRANTEE shall expend program income during this contract term; program income not expended in this contract term shall be refunded to the OAG. 11.5 No Supplanting. GRANTEE shall not supplant or otherwise use funds from this contract to replace or substitute existing funding from other sources that also supports the activities that are the subject of this contract. 11.6 No Solicitation or Receipt of Funds on Behalf of OAG. It is expressly agreed that any solicitation for or receipt of funds of any type by GRANTEE is for the sole benefit of GRANTEE and is not a solicitation for or receipt of funds on behalf of the OAG or the Attorney General of the State of Texas. 11.7 No Subcontracting or Assignment Without Prior Written Approval of OAG. GRANTEE may not subcontract or assign any of its rights or duties under this contract without the prior written approval of the OAG. It is within the OAG's sole discretion to approve any subcontracting or assignment. In the event OAG approves subcontracting or assignment by GRANTEE, GRANTEE will ensure that its contracts with others shall require compliance with the provisions of this contract to the extent compliance is needed to support GRANTEE's compliance with this contract. GRANTEE, in subcontracting for any performances specified herein, expressly understands and agrees that it is not relieved of its responsibilities for ensuring that all performance is in compliance with this contract and that the OAG shall not be liable in any manner to GRANTEE's subcontractor(s). 11.8 No Waiver of Sovereign Immunity. The Parties agree that no provision of this contract is in any way intended to constitute a waiver by the OAG or the State of Texas of any immunities from suit or from liability that the OAG or the State of Texas may have by operation of law. ICAC Subrecipient Grant Contract—Corpus Christi Police Department 1450386 Page 14 of 18 11.9 Governing Law; Venue. This contract is made and entered into in the State of Texas. This contract and all disputes arising out of or relating thereto shall be governed by the laws of the State of Texas, without regard to any otherwise applicable conflict of law rules or requirements. Except where state law establishes mandatory venue, GRANTEE agrees that any action, suit, litigation or other proceeding (collectively "litigation") arising out of or in any way relating to this contract shall be commenced exclusively in the Travis County District Court or the United States District Court in the Western District, Austin Division, and to the extent allowed by law, hereby irrevocably and unconditionally consent to the exclusive jurisdiction of those courts for the purpose of prosecuting and/or defending such litigation. GRANTEE hereby waives and agrees not to assert by way of motion, as a defense, or otherwise, in any suit, action or proceeding, any claim that GRANTEE is not personally subject to the jurisdiction of the above- named courts, the suit, action or proceeding is brought in an inconvenient forum and/or the venue is improper. 11.11 Catalog of Federal Domestic Assistance Number. The Catalog of Federal Domestic Assistance Number (CFDA) number for the Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention program is 16.543, titled "Missing Children's Assistance." 11.12 MOU between OAG and GRANTEE. The OAG and GRANTEE will have in place a Memorandum of Understanding that outlines the duties and responsibilities of GRANTEE as a member of the Internet Crimes Against Children Task Force. GRANTEE agrees to comply with the approved Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention ICAC Task Force Operational and Investigative Standards. SECTION 12 CONSTRUCTION OF CONTRACT AND AMENDMENTS 12.1 Construction of Contract. The provisions of Section 1 are intended to be a general introduction to this contract. To the extent the terms and conditions of this contract do not address a particular circumstance or are otherwise unclear or ambiguous, such terms and conditions are to be construed consistent with the general objectives, expectations and purposes of this contract. 12.2 Entire Agreement, including Exhibits. This contract, including all exhibits, reflect the entire agreement between the Parties with respect to the subject matter therein described, and there are no other representations (verbal or written), directives, guidance, assistance, understandings or agreements between the Parties relative to such subject matter. By executing this contract, GRANTEE agrees to strictly comply with the requirements and obligations of this contract, including all exhibits. 12.3 Amendment. This contract shall not be modified or amended except in writing, signed ICAC Subrecipient Grant Contract—Corpus Christi Police Department 1450386 Page 15 of 18 by both parties. Any properly executed amendment of this contract shall be binding upon the Parties and presumed to be supported by adequate consideration. 12.4 Partial Invalidity. If any term or provision of this contract is found to be illegal or unenforceable, such construction shall not affect the legality or validity of any of its other provisions. The illegal or invalid provision shall be deemed severable and stricken from the contract as if it had never been incorporated herein, but all other provisions shall continue in full force and effect. 12.5 Non-waiver. The failure of any Party to insist upon strict performance of any of the terms or conditions herein, irrespective of the length of time of such failure, shall not be a waiver of that party's right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation under this contract shall constitute a consent or waiver to or of any breach or default in the performance of the same or any other obligation of this contract. 12.6 Official Capacity. The Parties agree that the signatories hereto are signing, executing and performing this contract only in their official capacity. OFFICE OF THE ATTORNEY CORPUS CHRISTI POLICE GENERAL OF TEXAS DEPARTMENT Printed Name: Printed Name: Office of the Attorney General Authorized Official ICAC Subrecipient Grant Contract—Corpus Christi Police Department 1450386 Page 16 of 18 EXHIBIT A GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL AND CORPUS CHRISTI POLICE DEPARTMENT OAG Contract No. 1450386 Maximum Liability of the OAG. The OAG and GRANTEE agree that the total liability of the OAG to GRANTEE, directly or indirectly, arising out of this contract for reimbursement of all expenses, shall not exceed: SEVEN THOUSAND NINE HUNDRED EIGHTY ONE AND 00/100 ($7,981) DOLLARS Subject to the limitations within this contract, the OAG will reimburse GRANTEE for actual allowable and allocable costs paid according to the following amounts and budget categories: Budget Category Amount Personnel $0 Fringe Benefits $0 Professional & Contractual Services $0 Travel $517 Equipment $0 Supplies $7,464 Other Direct Operating Expenses $0 Total $7,981 The maximum allowable expense for lodging is $93.79 per guest room per night including applicable taxes; the maximum allowable expense for meals is $46.00 per day. ACTUAL RECEIPTS for all expenses including, but not limited to, lodging, meals, rental cars and airfare MUST BE SUBMITTED. Alcohol and tips will not be reimbursed. The OAG cannot approve payment for non-refundable airline tickets and/or penalty fees incurred for altered travel plans (and/or any other expenses) should the conference/training be canceled or should the attendee not attend the training for any reason. ICAC Subrecipient Grant Contract—Corpus Christi Police Department 1450386 Page 17 of 18 EXHIBIT B GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL AND CORPUS CHRISTI POLICE DEPARTMENT OAG Contract No. 1450386 SPECIAL CONDITIONS Special Conditions are imposed by the OAG at its sole discretion. In addition to the ones identified in this exhibit to this contract, the OAG may, at its sole discretion, impose additional special conditions, with or without notice, without amending this contract. GRANTEE'S signature on this contact will be treated as a signature agreement for each of the 15 pages of the Special Conditions, as attached. The Special Conditions that apply to this contract are: • Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, Special Conditions of the Cooperative Agreement (OAG Award Document), 2012-MC-FX-K047, and any subsequent award document. ➢ Seven (7)pages. • Compliance with the Department of Justice, Office of Justice Programs, Office of Civil Rights federal civil rights laws, as provided in letter dated September 28, 2012, to Texas Office of the Attorney General and any subsequent award document. ➢ Two (2)pages. • Department of Justice, Office of Justice Programs, Assurances — Non Construction and Standard Assurances. ➢ Six (6)pages. ICAC Subrecipient Grant Contract—Corpus Christi Police Department 1450386 Page 18 of 18 i I i I Faz Department of Justice Office of Justice Programs Office of Juvenile,Justice and Cooperative Agreement PAGE I of 7 {- Delinquency Prevention 1.RECIPIENT NAME AND ADDRESS(Including Zip Code) 4.AWARD NUMBER: 2012-MC-FX-K047 Texas Office ofthe Attorney General PO Box 12548 5.PROJECT PERIOD:FROM 07101/2012 TO 06/30/2014 Austin,TX 78711-2548 BUDGETPERIOD:FROM 07/01/2012 TO 06/30/2014 6.AWARD DATE 09/16/2013 7.ACTION IA.GRANTEE IRS/VENDORNO. 8.SUPPLEMENT NUMBER Supplemental 746000057 01 9.PREVIOUS AWARD ANIOUNT $428,311 3.PROJECT TITLE 10.AMOUNT OF THIS AWARD $491,313 Texas Office of the Attorney General Southern ICAC Task Force IL TOTAL.AWARD $919,624 12.SPECIAL_CONDITIONS THE ABOVE GRANT PROJECT 1S APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTHON THE ATTACHED PAGE(S). 13.STATUTORY AUTHORITY FOR GRANT This project is supported under FYI3(OJJDP ICAC TF)Pub.L.No.113-6;127 Suit.198,256 15.METHOD OF PAYMENT GPRS ® AGENCY APPROVAL ® GRANTEE ACCEPTANCE 16.TYPED NAME AND TITLE OF APPROVING OFFICIAL 18.TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Karol Virginia Mason Daniel Hodge Assistant Attorney General First Assistant Attorney General 17.SIGNATURE OF APPROVING OFFICIAL 19.SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A.DATE 4POWLAW� AGENCY USE ONLY 20.ACCOUNTING CLASSIFICATION CODES 21. LMCTGTO164 FISCALYFUNDC BUD.A OFC. DIV.RE SUB. POMS AMOUNT EAR ODE CT. G. X F MC 70 00 00 491313 OJP FORM 4000/2(REV.5-87)PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2(REV.4-88) i Department of Justice .• \ Office of Justice Programs AWARD Office of Juvenile Justice and CONTINUATIONSH.EET PAGE 2 OF 7 Delinquency Prevention Cooperative Agreement :- PROJECTNUMEER 2012-MC-FX-KO47 AWARD DATE 09/16/2013 SPECIAL CONDITIONS 1. The recipient agrees to comply with the'financial and administrative requirements set forth in the current edition of the Office of Justice Programs(OJP)Financial Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan(if recipient is required to submit one pursuant to 28 C.F.R.Section 42.302),that is approved by the Office for Civil Rights,is a violation of its Certified Assurances and may result in suspension or termination of funding,until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133,Audits of States, Local Governments,and Non-Profit Organizations,and further understands and agrees that funds may be withheld,or other related requirements may be imposed,if outstanding audit issues(if any)from OMB Circular A-133 audits(and any other audits of OJP grant funds)are not satisfactorily and promptly addressed,as further described in the current edition of the OJP Financial Guide. 4. Recipient understands and agrees that it cannot use any federal finds,either directly or indirectly,in support of the enactment,repeal,modification or adoption of any law,regulation or policy, at any level of government,without the express prior written approval of OJP. 5. The recipient must promptly refer to the DOJ OIG any credible evidence that a principal,employee,agent,contractor, subgrantee,subcontractor,or other person has either 1)submitted a false claim for grant funds under the False Claims Act;or 2)committed a criminal or civil violation of laws pertaining to fraud,conflict of interest,bribery,gratuity,or similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud,waste, abuse,or misconduct should be reported to the OIG by- mail: Office of the Inspector General U.S.Department of Justice Investigations Division 950 Pennsylvania Avenue,N.W. Room 4706 Washington,DC 20530 e-mail:oig.hotline @usdoj.gov hotline:(contact information in English and Spanish):(800)869-4499 or hotline fax:(202)616-9881 Additional information is available from the DO.i OIG website at www.usdoj.gov/oig. 6. Recipient understands and agrees that it cannot use any federal funds,either directly or indirectly,in support of any contract or subaward to either the Association of Community Organizations for Reform Now(ACORN)or its subsidiaries,without the express prior written approval of OJP. 7. The recipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the agency determines that the recipient is a high-risk grantee.C£28 C.RR.parts 66,70. fi rrvrri��; ' ��t + . ON FORM 4000/2(REV.4-88) i a Department of Justice k _ \ Office of Justice Programs AWARD Office of Juvenile Justice and CONTINUATIONSHEET PAGE 3 OF 7 M=+��� Delinquency Prevention Cooperative Agreement PROJECTNUMBER 2012-MC-FX-K047 AWARD DATE 09/16/2013 SPECIAL CONDITIONS 3. The recipient agrees to comply with applicable requirements regarding registration with the System for Award Management(SAM)(or with a successor government-wide system officially designated by OMB and OJP). The recipient also agrees to comply with applicable restrictions on subawards to first-tier subrecipients that do not acquire and provide a Data Universal Numbering System(DUNS)number.The details of recipient obligations are posted on the Office of Justice Programs web site at lnttp://www.ojp.gov/ftindiilg/sann.litm(Award condition:Registration with the System for Award Management and Universal.Identifier Requirements),and are incorporated by reference here.This special condition does not apply to an award to an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit organization that lie or she may own or operate in his or her name). 9. Pursuant to Executive Order 13513,"Federal Leadership on Reducing Text Messaging While Driving,"74 Fed.Reg. 51225(October 1,2009),the Department encourages recipients and sub recipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this grant,and to establish workplace safety policies and conduct education,awareness,and other outreach to decrease crashes caused by distracted drivers. 10. The recipient agrees to comply with all applicable laws,regulations,policies,and guidance(including specific cost limits,prior approval and reporting requirements,where applicable)governing the use of federal funds for expenses related to conferences,meetings,trainings,and other events,including the provision of food and/or beverages at such events,and costs of attendance at such events. Information.on pertinent laws,regulations,policies,and guidance is available at www.ojp.gov/funding/confcost.litm. It. The recipient understands and agrees that any training or training materials developed or delivered with funding provided under this award must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees,available at http://www.ojp.tisdoj.gov/funding/ojpti-ainingguidingprinciples.htm. 12. The recipient agrees that if it currently has an open award of federal funds or if it receives an award of federal funds other than this OJP award,and those award funds have been,are being,or are to be used,in whole or in.part,for one or more of the identical cost items for which fiords are being provided under this OJP award,the recipient will promptly notify,in writing,the grant manager for this OJP award,and,if so requested by OJP,seek a budget-modification or change-of-project-scope grant adjustment notice(GAN)to eliminate any inappropriate duplication of funding. 13. The recipient understands and agrees that award funds may not be used to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided from those funds,or of the parents or legal guardians of such students. 14. The recipient understands and agrees that-(a)No award funds may be used to maintain or establish a computer network unless such network blocks the viewing,downloading,and exchanging of pornography,and(b)Nothing in subsection(a)limits the use of fiords necessary for any Federal,State,tribal,or local law enforcement agency or any other entity carrying out criminal investigations,prosecution,or adjudication activities. 15. Prior to the expenditure of confidential funds,the recipient and any subrecipients agree to sign a certification indicating that lie or she has read,understands,and agrees to abide by all of the conditions pertaining to confidential fund expenditures as set forth in the OJP Financial Guide. 4% it {=ipl*1 OJP FORM 4000/2(REV.4-88) i Department of Justice r \, Office of Justice Programs AWARD Office of Juvenile Justice and CONTINUATIONSHEET PAGE 4 of 7 Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2012-MC-FX-KO47 AWARD DATE 09/16/2013 SPECIAL CONDITIONS 16. The recipient agrees to comply with applicable requirements to report first-tier subawards of$25,000 or more and,in certain circumstances,to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients of award finds. Such data will be submitted to the FFATA Subaward Reporting System(FSRS). The details of recipient obligations,which derive from the Federal Funding Accountability and Transparency Act of 2006(FFATA),are posted on the Office of Justice Programs web site at htip://www.ojp.gov/funding/ffata.htm(Award condition:Reporting Subawards and Executive Compensation),and are incorporated by reference here. This condition,and its reporting requirement,does not apply to grant awards made to an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 17. With respect to this award,federal funds may not be used to pay cash compensation(salary plus bonuses)to any employee of the award recipient at a rate that exceeds 110%of the maximum annual salary payable to a member of the federal government's Senior Executive Service(SES)at an agency with a Certified SES Performance Appraisal System for that year. (An award recipient may compensate an employee at a higher rate,provided the amount in excess of this compensation limitation is paid with non-federal finds.) This limitation on compensation rates allowable under this award may be waived on an individual basis at the discretion of the OJP official indicated in the program announcement under which this award is made. rkIA ,k( I OJP FORM 4000/2(REV.4-88) I Department of Justice Office of Justice Programs AWARD Office of Juvenile Justice and CONTINUATIONSHEET PAGE 5 OF 7 Delinquency Prevention Cooperative Agreement PROJECTNUMAER 2012-MC-FX-KO47 AWARD DATE 09/16/2013 SPECIAL CONDITIONS 18. Within 45 calendar clays after the end of any conference,meeting,retreat,seminar,symposium,training activity,or similar event funded under this award,and the total cost of which.exceeds$20,000 in award funds,the recipient must provide the program manager with the following information and itemized costs: 1)name of event; 2)event dates; 3)location of event; 4)number of federal attendees; 5)number of non-federal attendees; 6)costs of event space,including rooms for break-out sessions; 7)costs of audio visual services; 8)other equipment costs(e.g.,computer fees,telephone fees); 9)costs of printing and distribution; 10)costs of meals provided during the event; 11)costs of refreshments provided during the event; 12)costs of event planner; 13)costs of event facilitators;and 14)any other costs associated with the event. The recipient must also itemize and report any of the following attendee(including participants,presenters,speakers) costs that are paid or reimbursed with cooperative agreement funds: 1)meals and incidental expenses(M&IE portion of per diem); 2)lodging; 3)transportation to/from event location(e.g.,common carrier,Privately Owned Vehicle(POV));and, 4)local transportation(e.g.,rental car,POV)at event location. Note that if any item is paid for with registration fees,or any other non-award funding,then that portion of the expense does not need to be reported. Further instructions regarding the submission of this data,and how to determine costs,are available at www.ojp.gov/ftinding/confcost.htm. � �►�►�� . OJP FORM 4000/2(REV.4-88) Department of Justice \ Office of Justice Programs AWARD Office of Juvenile Justice and CONTINUATIONSHEET PAGE 6 OF 7 • `^Y Q Delinquency Prevention Cooperative Agreement PROJECTNUMEER 2012-MC-FX-K047 AWARD DATE 09/16/2013 SPECIAL COND1I'IONS 19. Approval of this award does not indicate approval of any consultant rate in excess of$450 per day.A detailed justification must be submitted to and approved by the Office of Justice Programs(OJP)program office prior to obligation or expenditure of such funds. 20. The Office of Juvenile Justice and Delinquency Prevention has elected to enter into a Cooperative Agreement rather l than a grant with the recipient, This decision reflects the mutual interest of the recipient and OJJDP in the operation of the project as well as the anticipated level of Federal involvement in this project. OJJ.DP's participatory role in the project is as follows: a.Review and approve major work plans,including changes to such plans,and key decisions pertaining to project operations. b.Review and approve major project generated documents and materials used in the provision of project services. Provide guidance in significant project planning meetings,and participate in project sponsored training events or conferences. 21. ,The Project Director and key program personnel designated in the application shall be replaced only for compelling reasons. Successors to key personnel must be approved,and such approval is contingent upon submission of appropriate information,including,but not limited to,a resume. OJP will not unreasonably withhold approval. Changes in other program personnel require only notification to OJP and submission of resumes,unless otherwise designated in the award document. 22. The recipient agrees that it will submit quarterly financial status reports to OJP on-line(at littl)s:Hgramts.ojp.usdoj.gov) using the SF 425 Federal Financial Report form(available for viewing at www.wliitellotise.gov/omb/grants/standarcl forms/ff report.pdf),not later than 30 days after the end of each calendar quarter. The final report shall be submitted not later than 90 days following the end of the award period. 23. The recipient shall submit semiannual progress reports. Progress reports shall be submitted within 30 clays after the end of the reporting periods,which are June 30 and December 3 f,for the life of the award. These reports will be submitted to the Office of Justice Programs,on-line through the Internet at https://grants.ojp.usdoj.gov/. 24. The recipient agrees to submit a final report at the end of this award documenting all relevant project activities during the entire period of support under this award.This report will include detailed information about the project(s)funded, including,but not limited to,information about how the funds were actually used for each purpose area,data to support statements of progress,and data concerning individual results and outcomes of funded projects reflecting project successes and impacts.The final report is due no later than 90 days following the close of this award period or the expiration of any extension periods.This report will be submitted to the Office of Justice Programs,on-line through the Internet at https://grants.ojp.usdoj.gov/. av ,IN1=T AL :E OJP FORM 4000/2(REV.4-88) i I I i Department of Justice 'tea p �r Office of Justice Programs AWARD Office of Juvenile Justice and CONTINUATIONSHEET PAGE 7 OF 7 -- Delinquency Prevention Cooperative Agreement i PROJECTNUMBER 2012-MC-FX-KO47 AWARD DATE 09/16/2013 SPECIAL CONDITIONS 25. ICAC Annual Reports The recipient agrees to submit annual.reports to OJP that set forth the following: (A)Staffing levels of the task force,including the number of investigators,prosecutors,education specialists,and forensic specialists dedicated to investigating and prosecuting Internet crimes against children. (B)Investigation and prosecution performance measures of the task force,including-- (i)the number of investigations initiated related to Internet crimes against children; (ii)the number of arrests related to Internet crimes against children;and (iii)the number of prosecutions for Internet crimes against children,including-- (I)whether the prosecution resulted in a conviction for such crime;and (II)the sentence and the statutory maximum for such crime under State law. (C)The number of referrals made by the task force to the United States Attorneys office,including whether the referral was accepted by the United States Attorney. (D)Statistics that account for the disposition of investigations that do not result in arrests or prosecutions,such as referrals to other law enforcement. (E)The number of investigative technical assistance sessions that the task force provided to nonmember law enforcement agencies. (F)The number of computer forensic examinations that the task force completed. (G)The number of law enforcement agencies participating in Internet crimes against children program standards established by the task force. 26. The recipient agrees to forward reports of ICAC Task Force Program Monthly Performance Measures to the OJJDP- designated site. 27. The recipient agrees,to comply with the OJJDP approved ICAC Task Force Operational and Investigative Standards 28. The recipient acknowledges that the Office of Justice Programs(OJP)reserves a royalty-free,non-exclusive,and irrevocable license to reproduce,publish,or otherwise use,and authorize others to use(in whole or in part,including in connection with derivative works),for Federal purposes:(1)any work subject to copyright developed under an award or subaward;and(2)any rights of copyright to which a recipient or subrecipient purchases ownership with Federal support. The recipient acknowledges that OJP has the right to(1)obtain,reproduce,publish,or otherwise use the data first produced under an award or subaward;and(2)authorize others to receive,reproduce,publish,or otherwise use such data for Federal purposes. "Data"includes data as defined in.Federal Acquisition Regulation(FAR)provision 52.227- 14(Rights in Data-General). It is the responsibility of the recipient(and of each subrecipient,if applicable)to ensure that this condition is included in any subaward under this award. The recipient has the responsibility to obtain from subrecipients,contractors,and subcontractors(if any)all rights and data necessary to fulfill the recipient's obligations to the Government under this award. If a proposed subrecipient, contractor,or subcontractor refuses to accept terms affording the Government such rights,the recipient shall promptly bring such refusal to the attention of the OJP program manager for the award and not proceed with the agreement in question without further authorization from the OJP program office. 29. The recipient may not obligate,expend or draw down funds until the Office of the Chief Financial Officer(OCFO)has approved the budget and budget narrative and a Grant Adjustment Notice(GAN)has been issued to remove this special condition. i < t7) 1 *zAr . 1 11' OJP FORM 4000/2(REV.4-88) 9.r Department of Justice .' � Office of Justice Programs Office of'Juvenile Justice and Delinquency Prevention Washington,U.C. 20531 Memorandum To: Official Grant File From: Lou Ann Holland,Program Manager Subject: Categorical Exclusion for Texas Office of the Attorney General The recipient agrees to assist OJJDP to comply with the National Environmental Policy Act(NEPA)and other related federal environmental impact analyses requirements ni the use of these grant funds either directly by the recipient or by a subrecipient.Accordingly,prior to obligating grant funds,the grantee agrees to first determine if any of the following activities will be related to the use of the grant funds and,if so,to advise OJJDP and request farther NEPA implementation guidance.Recipient understands that this special condition applies to its activities whether or not they are being specifically fiulded with these grant funds.That is,as long as the activity is being conducted by the recipient,a subrecipient,or any third party and the activity needs to be undertaken in order to use these grant Rinds,this special condition must first be met.The activities covered by this special condition are: a. new constriction;b.minor renovation or remodeling of a property either;(1)listed on or eligible for listing on the National Register of Historic Places or; (2)located within a 100-year flood plain;c.a renovation,lease,or any other proposed use of a building or facility that will either;(1)result in a change in its basic prior use or;(2) significantly change its size and;d.Implementation of a new program involving the use of chemicals other than chemicals that are;(1)purchased as an incidental component of a fiulded activity and; (2)traditionally used,for example,in office,household,recreational,or education environments. i ?; Department of Justice GRANT MANAGER'S MEMORANDUM,PT.I• Office of Justice Programs PROJECT SUMMARY ' .e �) Office of Juvenile Justice and Delinquency Prevention Cooperative Agreement PROJECT NUMBER PAGE I OF I 2012-MC-FX-KO47 This project is supported under FYI3(OJJDP ICAC TF)Pub.L.No.113-6;127 Stat.198,256 1.STAFF CONTACT(Name&telephone number) 2.PROJECT DIREC'T'OR(Name,address&telephone number) f Scott Pestridge Scott L-lenry-Valli (202)514-5655 DAG Grants Coordinator PO Box 12548 Austin,TX 78711-2548 (512)936-2186 3a.TITLE OF TIIE PROGRAM 3b,POMS CODE(SEE INSTRUCTIONS OJJDP FY 13 Internet Crimes Against Children Task Force Invited Awards ON REVERSE) 4.TITLE OF PROJECT Texas Office of the Attorney General Southem.ICAC Task Force 5.NAME&ADDRESS OF GRANTEE 6.NAME&ADRESS OF SUBGRANTEE Texas Office of the Attorney General PO Box 12548 Austin,TX 78711-2548 7.PROGRAM PERIOD 8.BUDGET PERIOD FROM: 07/01/2012 TO: 06/30/2014 FROM: 07/01/2012 TO: 06130/2014 9.AMOUNT OF AWARD 10.DATE OF AWARD S491,313 09/16/2013 11.SECOND YEAR'S BUDGET 12.SECOND YEAR'S BUDGET AMOUNT i 13.THIRD YEAR'S BUDGET PERIOD 14.THIRD YEAR'S BUDGET AMOUNT 15.SUMMARY DESCRIPTION OF PROJECT(See instruction on reverse) Pursuant to Section 104 of the PROTECT Our Children Act of 2008,the ICAO Task Force shall 1)consist of State and local investigators,prosecutors,forensic specialists,and education specialists who are dedicated to addressing the goals of the task force;2)engage in proactive investigations,forensic examinations,and effective prosecutions of Internet crimcs against children;3)provide forensic,preventive,and investigative assistance to parents,educator,prosecutors,law enforcement,and others concerned with Internet crimcs against children;4)develop multijurisdictional,multiagency responses and partnerships to Internet crimes against children offenses through ongoing informational,administrative,and technological support to other State and local law enforcement agencies,as a means for such agencies to acquire the necessary knowledge,personnel,and specialized equipment to investigate and prosecute such offenses;5)participate in nationally coordinated investigations in any case in which the Attorney General determines such participation to be necessary,as permitted by the available resource of such task force;6)establish or adapt investigative and prosecution standards consistent with norms,to which such task force shall comply;7)investigate,and seek prosecution on,tips related to Interact crimcs against children,including tips from Operation Fairplay,the National Internet Crimes Against Children Data System, DIP FORM 4000/2(REV.4-88) i the National Center for Missing and Exploited Children's Cybeel'iplinc,]CAC task forces,and other Federal,State,and local agencies,with priority being given to investigate leads that indicate possibility of identifying or rescuing child victims,including investigative leads that indicate a likelihood of seriousness of offense or dangerousness to the community;8)develop procedures for handling seized evidence;9)maintain reports required by OJJDP and other reports and records as determined by the Attorney General;and 10)seek to comply with national standards regarding the investigation and prosecution of Intcrnct crimes against children, as set forth by the Attorney General,to the extent such standards are consistent with the law of the State where the task force is located. The Texas Office of the Attorney General(OAG)recognizes the importance of expanding the capacity of thc'I'exas OAG Internet Crimes Against Children(ICAO) Task Force.As it result,using OJJDP funds,the Texas Office of the Attorney General will be awarding several sub-awards to law enforcement affiliate agencies. These sub-awards will allow the individual law enforcement agencies to determine their own equipment and training priorities.In addition,the task force will continue to support one hrvcstigator and two Forensic Examines. This award will also allow the OAG ICAC to increase their investigatory and computer forensic capabilities by purchasing monitors and hardware to support operations. NCA/CF Department of Justice ` Office of hsl_Ce prograt-lis Office for Civil Rigltt-q fErsa`Ngtr3n,G.C. .245.ji September 16,20 3 Mr,Daniel Hodge Texas€]ffec of the Attomey Gametal PO Box 1.2548 Austin,'PX 787 t 1-2548 Bear Mr,Hodge: Congratulations on your recent nwarti,Ili establishing financial assistance progrartts,Congress linked the receipt of Federal fun ling to compliance with Fednod civil rights laws.The Office for Civi!Righ,s(OCR),Office of Justice Programs(pJP),U.S.Depa.tittent ofJiastice is responsible for ensuring that recipients of financial aid front OJf,its component offices and bureaus,the Office on Violence Against Women(OVW),and the Office of Community Oriented Policing Services(COPS)comply with applicable Federal civil rights statutes and regu.latians.We at OCR are available to help you and your orgaaizatioii meet the civil rights reduiremcnts flint come with Justice Departanent funding, Ensuring Access to Federally Assisted Programs As you known,Federal laws prohibit recipients of financial assistance(rout diiscriiminating on the basis of Mice,color,national origin, religion,sex,or disability in Ainded programs or activities,not only in respect to employment practices but also in the delivery c f services or benefits.Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or henefits. Providing Services to Limited English Proficiency(LEY)Individuals In accordance with Department of Justice Guidance pertaining to Title Vl of tho Civil Rights Act of 1964,42 U.S.C.§2000d,recipients of Federal Cnanciai assistance must take reasonable steps to provide ameaningf it access to their programs and activities for Pei-soiis With limited English proficiency(LEP).For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals,please see site wvcbsite at http:/iwww.lep.gov. Ensuring Equal Treatmeat.for Faith-Based Organizations The Department of Justice has published a regulation spec ifikally perlaining to the funding of faith-based organizations. In general,the regulation,Participation in Justice Departmert.Progrxms by Religious Organizations;Providing for Cquai Treatment of all Justice Department Program Participants,and known as the Equal'T'reatment Regalation 23 C.F.R.part 38,requires State Administering Agencies to treat these organizations the same as any other appliczint or recipient.The regulation prohibits State Administering agencies fforn making award or grant administration decisions on the basis of an org inizatiori s religious character or arfiliation,religious name,or the religious composition of its board of directors. The rQgziladon also prohibits faith-based organizations from Ming financial assistance`roni the Department trf Justrc;e to fund inherency religious activities.While fai'h-based organizations crn engage iii non4 aided inherently rcligious activities,they must he lick!separately fruit the Department ofJustice funned pmgr am,2nd customers o.beneficiaries cannot be compelled to participate in then),floe Equal Treatment Ragutatior,also make,clear that organizations participasirg m proginn:s fun€led�y fete Nepal a rcx ,!t of'Justice aro not Permitted to clisczintinate in tite provisian err"services on the basis of a henrficiarys religion.For snore iitfor!taation oat the regulation..please see OCR's website at itt'p.fiwww.ojj3.usc ai.gour cr!otflaa.latiti, Mate Adiuinistering Agencies and ai€h-based organizations shoadd also note that the Safe Streets Act,as anie ded,the Victims of Crime Act,as amended;and the Juvenile Justice and Delinquency Prevention Ac-,,as amended,contain prohi=bitions against discrinnination on the 'oasis of religioat in employment,Despite these aictndiscrianitaa,ion provisions,tlae Justice Department has concluded that Mae Religions Freedom Restoration}Act(RFRA)is reasonably construed,on a caste by-case basis,to require that its funding agencies permit rwith-based organizations,applying for rending under the applicable program statutes both to receive.DOJ funds and to continue eonsideting religion When hiring staff,even if the statute that authorizes the funding program generally forbids considering of religion in empioyament decisions by grawces. Questions about the regulation or the application of P.F A to the statutes that prodNb discrinnin ation in e nipioy n-,ent mmy 1>e directed to!leis Gffice, 010 Enforcing Civil Rights Laws All recipients of Federal Financial assistance,regardless of rite particutar handing scaa'-'ce,the amount of tho grant award,or the number of employees in the workf'erce,are subject to t3te l mIdbitions against unlawful discrimination,Accordingly,OCR investigates re6l3ients that are the subject of disc-4iit nation complaints from both individuals anit groaps.In addition,based on regulatory criteria,OCR selects a number of recipients each year for compliance reviews,audits that require recipients to submit data showing that they are providing services aquitabiy to all segments of their service population and that uwir employment prae?i€es meet ecival employe ncaat oplaortu€city standards. Complying with the Safe Streets Act or Prograin Requirements fit addition to these gencral prohibitions,an organization which is a recipient offittancial assistance subject to the nondiscritniration provisions of the Omnibus Crime Control and Safi:Streets Act(Safe Streets Act)of i968,42 U.S.C.§3789d(c),or other'Federal grant program rer uireinents,must paeet two additional re€haii atic ts:(i)coatiplying,,00i Federal regulations pertaining to the development of an Equal.E nployment Opportunity Plan(EEOP)_28 CF R.§42.301-.3709,and(2)submitting io OCR Findings of Discrimination(see 28 C,F.R.§§42.205(5)oi•31.2(32(5)). l) Meeting the EEOP R"nirement In accordance with Federal regulations,Assurance No.6 in the Standard Assurances,COPS Assurance No.8.8,or certain Federal giant program requirements,your organization must comply with the following ESOP a-eporting require mints: Ifyour organization'ins received an award for$500,000 or more and has 50 or€store employees(counting both full-and pgrt-tinw employees but excluding political appointees),then it hies to prepare an 1-2010 and submit it to OCR for review within 60 days from the date of this letter.For assistance in developing;an EFOP,please consult OCR's website at liti p://www,ojp,usdoj.govloerlecop.i)tin. You may also request technical assistance from an FFOP specialist at OCR.by dialing(202)616-3208. If your organization received an award between$25,000 and$500,000 and has 50 or more einpioyees,your organization still has to prepare an ESOP,buc it does not have to submit the E1 OP to OCR for review.Instead,your organization has to nsaintain the FEOP on file and snake it available for review on request,In addition,your organization has to complete Section B of the Certification Form and return it to OCR.The Certification Forth can be found at http://www.ojjp.usd9i.govloer/eeop.irtisa. If your organization received an award for less than$25,000i or if your organization has less than 50 employees,regardless of the amount of the award;or if your organization is a medical institution,educational institution,nonprofit organization or Indian tribe,then your organization is cxcmpt'from the EFOP reduircineatt.However,your organization must complete Section A of the Certification Form ai,cd return it to OCR.The Certiiicatior.Farm can be found at l ittp:itwww,ojp.usdoj,govlocr/eeon,Iitm. 2) Submitting Findings of Discrimination In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your organization after a due process Bearing,nn.the ground of race,color,religion,natiosial origin,or sex,your organization insist submit a copy of the finding to OCR for review_ Ensuring the Compliance of Subrecip€eats If your organization makes subatwafds to outer agencies,you are responsible for assuring that subrecipients also comply with ill of the applicable Federal civil rights laws,including tlae requirements pei'ttaiokng to developing and submitting an ESOP,reporting Findings of Discrimination,and providing ltuiguage services to LEP persons_State agencies that make subawards m€ESt h=we in place StarldsllAl graph assurances nand review procedures to demonstrate tiaat they ire effectively monitoring the civil rights compliance ai'subrecipients. If we can assist you in any way it)fulfilling your civil rights responsibilities as a recipient of Federal funding,please call OCR at(202)307- 0690 or visit our Weiisice at 1tttP:Nv svw.ojps€sdoj.grv�oca°'. c i.zc;erely. �9 . Michael L.Alston Director cc: Grant lUanager Financia€Analyst �S. DEPARTMENT OF JUSTICE OFFICE Of JUSTICE PROGRAMS OFFICE 0c THE COMPTROLLER CERTIFICATIONS REGARDING __BBYU-N -^ DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to vvhhzh they are required to attest. Applicants should also review the instructions for certification included in the regulations hofu^e completing this form, Signature of this form provides for compliance with certification requirements under 29CFR Part 8S, "New Restrictions on Lobbying" and 28CFRPart 67. "Govern nment-wideDebarment and Suspension (Non-procurement) and Government-wide Requirements for Drug-Free Workplace (Gnan1n)." The certifications shall be treated aoa material representation nf fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement, 1. LOBBYING As required by Section 1352. Title 31 of the U.S. Code, and implemented at 28 CFR Part 09, for persons entering into a grant or cooperative agreement over$1OO.0OO. ao defined mt20CFR Part 09, the applicant certifies that: (3) No Federal appropriated funds have been paid or will be pmid, by or on behalf 0fthe undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee nfa Member 0f Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of m Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (c) The undersigned shall require that the language of this certification be included inthe award documents for all subawonjaat all tiers (including nubgran1s, contracts under grants and cooperative agreements, and subcontracts) and that all sub-recipients shall certify and disclose accordingly, g 2. DEBARMENT SUSPENSION AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local)transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local)with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local)terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. DRUG-FREE WORKPLACE GRANTEES OTHER THAN INDIVIDUALS As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620 A. The applicant certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug-free awareness program to inform employees about (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; OWN 0 (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace: (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a): (d) Notifying the employee in the statement required by paragraph (a)that, as a condition of employment under the grant, the employee will (1)Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: Department of Justice Office of Justice Programs ATTN: Control Desk 810 Seventh Street, N.W., Washington, D.C. 20531 Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar stays of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). R The grantee may insert in the space provided below the site(,$) for the performance of work done inoonmec(ion with the specific grant: Place o{ Performance (Street address, city, county, state, zip code) Check if there are workplaces on file that are not identified here, Section 67, 830.of the regulations provides that a grantee that ie a State may elect{o make one certification in each Federal fiscal year. A copy of which should be included with each application for Department of Justice funding. States and 8hzb*agencies may elect tn use OJP Form 4O61/7, Check if the State has elected to complete OJP Form 4061/7. ` now DRUG-FREE WORKPLACE GRANTEES WHO ARE INDIVIDUALS As required by the Drug-Free 'Workplace Act of 1968, and implemented at 28 CI`R Part. 67, Subpart F, for grantees, as defined at 23 CFR Fart 67; Sections 67.615 and 67.620 A. As a condition of the grant. I certify that I will not engage in the unlawful manufacture. distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant; and B If convicted .of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, I will report the conviction, in writing, within 10 calendar days of the conviction, to: Department of Justice Office of Justice Programs ATTN: Control Desk 810 Seventh Street, N.W,, Washington, D.C. 20531 As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Naive and Address: 2, Application Number and/or Project Name; 3, Grantee IRS/Vendor Number 4. Type/Print Name and Title of Authorized Representative 5. Signature 6. Date ,)jP FORM 406'16(3-91' REPLACES OJP FrJR�AS 4061`2 406113 AND 4M1,14' -H i A E 0 8 5C ETE_ OFFICE OF JUSTICE PRGGtdr IMS BJA NU O?.II)P BJS OVC OMB Al PROVAL N0. 1121-0140 [ 1,XFIR1 S 06 STANDARD ASSURANCES The Applicant hereby assures and certifies compliance with all applicable:federal statutes,regulations, policies. and requirements.including OMB Circulars A-21, A S7, A-102, A-1 10,A-122, A- i 1.33. Ex. Order 12372(intergovernmental review of tederal programs); and 28 C.F.R. pts. 66 or 70 (administrative requirements for grants and cooperative agreements). ne applicant also specifically assures and certifies that: [ € f E 1. It has the legal authority to apply for federal assistance and the institutional. managerial, and financial � capability(including funds sufficient to pay any required non-federal share of project cost)to ensure proper planning, management, and completion of the project described in this application. 1 It will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict«f interest, or personal gain, i i 3. It will give the awarding agency or the General Accounting Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial 3 assistance. i 4. It will comply with all lawful requirements imposed by the awarding;agency,specifically including any applicable regulations, such as 28 C.F.R. pts. 18,22,23, 30, 35, 38,42,61,and 63, and the award term in 2 C.,R. § 1.75.15(6). 5. It will assist the awarding agency(if necessary)in assuring compliance with section 106 of the National Historic Preservation Act of 1966(16 U.S.C. §470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (1.6 U.S_C.§ 469 a-1 et seq.).and the National Environmental Policy Act of 1969 (42 U.S.C. §4321). 6. it will comply (and will require any subgrantecs or contractors to comply) with any applicable statutorily-unposed nondiscrimination requirements, which may include the Omnibus Crirnc Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime.Act(42 U.S.C.. §10604(e)); The Juvenile,lustice anal Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Rehabilitation Act of 1973 (29 U,S.C, §7 94); the Americans with Disabilities Act of 1990(42 U.S.C.§ 42131-34); the Education Arnendrnents of 1972 ('20 U.S.C. §§1691, 1.683. 1685-86);and the Age Discrimination Act of 1975 (42 U.S C. §§ 6101-07); see Ex.Order 13179 ? (equal protection of the laws for faith-bas€;d and connrnunity organizations). 3 7. If governnnental entity— a) it will cornply with the requirements of the Uniforiii Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C.§ 4601 et sect.). which govern the treatment of persons displaced as a result of federal and federally-assisted programs:. and b) it will comply with requirements of 5 (J,S,C.§§ 1501-08 and§§7324-28, which limit certain E political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance, Signature Date Date I Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Office of Juvenile Justice and Delinquency Prevention Internet Crimes Against Children (ICAC) Task Force program, in the amount of$7,98'1 to purchase equipment for the ICAC program within the Police Department; and appropriating the $7,981 in the No. 1061 Police Grants Fund. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the Office of Juvenile Justice and Delinquency Prevention Internet Crimes Against Children (ICAO) Task Force program, in the amount of$7,981 to purchase equipment for the ICAC program within the Police Department SECTION 2. That $7,981 is appropriated from the Office of Juvenile Justice and Delinquency Prevention Internet Crimes Against Children (ICAC) Task Force Program in the No. 1061 Police Grants Fund to continue the ICAC program within the Police Department. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of ,by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of , ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor d AGENDA MEMORANDUM oaPOwR ko First Reading Ordinance for the City Council Meeting of June 24, 2014 2852 Second Reading Ordinance for the City Council Meeting of July 8, 2014 DATE: June 12, 2014 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police Floyds(a_cctexas.com 886-2605 Appropriating miscellaneous funds received by the Police Department CAPTION: Ordinance appropriating $2,861.60 from donations and reimbursements received by the Police Department; and changing the FY 2013-2014 Operating Budget adopted by Ordinance No. 029915 by increasing revenue and expenditures in the General Fund No. 1020 by $2,861.60 each. PURPOSE: Appropriate the funds for use by the Police Department for purchase of equipment. BACKGROUND AND FINDINGS: Donations were received by the Police Department from AEP and from a private citizen in appreciation of our work. Additionally, the State of Texas has reimbursed our department for officers who attended an Organized Crime seminar in Austin. ALTERNATIVES: OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms to City Policy EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Finance Budget FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ 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 1 2,861.601 1 2,861.60 BALANCE 27861.60 2786 Fund(s): General Comments:. RECOMMENDATION: Staff recommends appropriation of the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance appropriating $2,861.60 from donations and reimbursements received by the Police Department; and changing the FY 2013.2014 Operating Budget adopted by Ordinance No. 029915 by increasing revenue and expenditures in the General Fund No. 1020 by$2,861.60 each BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That$2,861.60 from donations and-reimbursements received by the Police Department is appropriated for purchase of equipment. SECTION 2. That the FY 20.13.2014 Operating Budget, adopted by Ordinance No. 029915, is changed by increasing revenue and expenditures in the General Fund No. 1020 by $2,861.60 each. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of , ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor _ AGENDA MEMORANDUM A First Reading Item for the City Council Meeting of June 24, 2014 Second Reading Item for the City Council Meeting of July 8, 2014 DATE: June 2, 2014 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director M ichael Mop_cctexas.com 361-826-3460 Appropriation of surcharge funds for golf course capital improvements CAPTION: Ordinance appropriating $107,994.50 from the Reserve Golf Course Development account in Fund No. 4691 Golf Capital Reserve Fund for golf course improvements; and changing FY2013- 2014 Operating Budget adopted by Ordinance No. 029915 by increasing expenditures by $107,994.50. PURPOSE: To appropriate reserves collected from golf course surcharge fees. BACKGROUND AND FINDINGS: The City of Corpus Christi Golf Courses charges a $1.50 fee per every round of golf, which is placed in a capital reserve fund for use to make improvements to the golf courses. Foresight Golf has created a listing of improvements to be done for the requested appropriation from the capital reserve fund. ALTERNATIVES: Do not appropriate funds. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Revenue must be appropriated before it can be expended. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $107,994.50 $107,994.50 BALANCE $107,994.50 $107,994.50 Fund(s): Golf Capital Reserve Fund 4691 Comments: none RECOMMENDATION: Staff recommends approval of this ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Summary of golf course improvements Ordinance Appropriating $107,994.50 from the Reserve Golf Course Development Account in Fund No. 4691 Golf Capital Reserve Fund for golf course improvements; and changing FY2013-2014 Operating Budget adopted by Ordinance No. 029915 by increasing expenditures by $107,994.50 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $107,994.50 is appropriated from the Reserve Golf Course Development Account in Fund No. 4691 Golf Capital Reserve Fund for golf course improvements in the FY 2013-2014 operating budget. SECTION 2. That the FY 2013-2014 Operating Budget, adopted by Ordinance No. 029915, is changed by increasing expenditures by $107,994.50. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor Corpus Christi Golf Course Capital Budget 5 Year Plan Proposed 2014 Pro-0 ut,"I 4 Gabe Lozano Sr.Municipal Golf Course Golf Course Maintenance Equipment Club Car Utility Vehicle $ 9,951 9,951.00 Industrial Compressor $ 1,510 $ 1,510,00 John Deere-Fairway Mower $ 22,191 $ 22,191.25 Painting-Maintanence Buildings $ - Golf Shop Equipment Tractor(Diesel)for Practice Facility(Range) $ 6,804 6,804.00 Gang Picker $ 5,209 5,209.00 i Range Ball Washer $ 3,492 $ 3,492.00 Projects Paint Pro Shop(includes slatwall) $ 4,059 $ 4,059 $ 4,059.00 Parking Lot Repair&Seal $ 35,000 $ - Staging Area Curb Installation and Paving $ 15,000 $ - Wash Rack at Cart Barn completed Restroom's(On-Course) $ 5,145 $ 5,145.00 Restroom Remodel (Clubhouse) completed Hurrican Fence completed Tee Sign Package for Golf Course $ 20,985 $ 20,985 Irrigation Installation to dry areas completed Sand to renovate bunkers $ 13,225 $ 13,225 $ 13,225,00 Freezer $ 541 $ 541 $ 541.00 Construction Document Design Phase $ 54,500 $ - Executive Course&Practice Range Renovation $ 1,000,000 $ First Tee of Corpus Christi Building $ 500,000 $ - Restroom's(On-Course-2 buildings) Total Capital Items for Gabe Lozano Sr.Municipal Golf Course $ 1,643,310 $ 93,112 $ 72,127.25 Oso Beach Golf Course Golf Course Maintenance Equipment John Deere-Fairway Mower $ 22,191 $ 22,191.25 New set of Verti cut Reels $ 4,580 Painting-Maintanence Buildings $ - Projects Restroom(#13) $ 6,099 $ 6,099 $ 6,099.00 Parking Lot Repair&Seal $ 50,000 $ - Bridge Replacement#5 $ 12,000 $ - Tee Sign Package for Golf Course $ 19,485 $ 19,485 Clubhouse Remodel $ 25,000 $ - Freezer $ 541 $ 541 $ 541.00 Paint Pro Shop&Grill (includes slatwall) $ 7,036 $ 7,036 $ 7,036.00 F&B Storage Room $ 7,036 $ 7,036 Total Capital Items for Oso Beach Golf Course $ 127,197 $ 59,932 $ 35;&67.25 Total Capital Needs for Corpus Christi Golf $ 1,770,507 $ 153,045 $ 107;994,50 Reserve Development 251250,4691 7/31/2013 Fund Balance 144,865.50 6/2/2014 Less: Expenditures (107,776.13) Add: Revenues 81,636.14 Total Net Change to Fund Balance (26,139.99) Proforma 'Surcharge' Fund Balance 118,725.51 US 0 ITITITIT AGENDA MEMORANDUM First Reading Ordinance Item for the City Council Meeting of June 24, 2014 Second Reading Ordinance for the City Council Meeting of July 8, 2014 xs DATE: 5/20/14 TO: Ronald L. Olson, City Manager FROM: Barney Williams, P.E., Interim Director, Development Services BarneyW@cctexas.com (361) 826-3595 Approval of agreement and appropriating ordinance to reimburse Kitty Hawk Development, Ltd., for the construction of water arterial transmission and grid main line CAPTION: Ordinance authorizing city manager or designee to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with Kitty Hawk Development, Ltd., ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $73,153.29 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. PURPOSE: Kitty Hawk Development Ltd., is required to install 1,205 linear feet of 12-inch water arterial grid main extension in order to provide adequate water to a proposed development. The site is located south of South Staples Street (FM 2444) and between Kitty Hawk Drive and County Road 41. BACKGROUND AND FINDINGS: Per Section 8.5.1.C(1) Credits and Reimbursements of the Unified Development Code ("UDC"), Kitty Hawk Development Ltd., is requesting a Reimbursement Agreement for the development of Water's Edge At Kitty Hawk Unit 1 as shown on the final plat. The subdivision is located south along South Staples Street (FM 2444) and west of Kitty Hawk Drive. The development requires the extension of 1,205 linear feet of 12-inch water arterial grid main in order to provide adequate water to the property. A layout of existing and proposed improvements is included as Exhibit 3. The 12-inch waterline is in the Water Master Plan and as such is eligible for full reimbursement from the Water Arterial Transmission and Grid Main Trust Fund. The Water Master Plan calls for the construction of a 12-inch water arterial grid main along the south side of South Staples Street (FM 2444). Section 8.5.1.0 (1b) of the UDC states if the actual costs for installation of such arterial transmission and mains are greater than the lot or acreage fee, the developer shall be reimbursed (less any lot/acreage fee credits) from funds available from the Water Arterial Transmission and Grid Main Trust Fund for that portion of the arterial transmission and grid main installed by the developer. In this case, the total construction cost of the 12-inch water arterial grid main is $94,931.80 less the lot/acreage fee of $21,778.51. The developer is eligible for a maximum reimbursement of$73,153.29. ALTERNATIVES: Disapproval of the Reimbursement Agreement. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The developer will be extending a water grid main to serve the proposed residential development and has requested a Reimbursement Agreement, as provided in the Unified Development Code. The proposed water grid main is consistent with the policies of Water Distribution System Standards. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Water Arterial Transmission Grid Main Trust Fund Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $1,836,294.30 Encumbered / Expended Amount $667,795.21 This item $73,153.29 BALANCE $ 1,095,345.80 Fund(s): Comments: Balance reflects amount for Spear Subdivision Block 1, Lot 1 reimbursement agreement. RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Agreement- Water Arterial Transmission and Grid Main Construction and Reimbursement ORDINANCE AUTHORIZING CITY MANAGER OR DESIGNEE TO EXECUTE A WATER ARTERIAL AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT ("AGREEMENT") WITH KITTY HAWK DEVELOPMENT, LTD., ("DEVELOPER"), FOR THE CONSTRUCTION OF A WATER ARTERIAL TRANSMISSION AND GRID MAIN LINE AND APPROPRIATING $73,153.29 FROM THE NO. 4030 ARTERIAL TRANSMISSION AND GRID MAIN TRUST FUND TO REIMBURSE THE DEVELOPER IN ACCORDANCE WITH THE AGREEMENT. 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 water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with Kitty Hawk Development, Ltd., ("Developer"), for the extension of a 12-inch water arterial transmission and grid main line, including all related appurtenances, for the development of Water's Edge at Kitty Hawk Unit 1 Subdivision, Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $73,153.29 is appropriated from the No. 4030 Arterial Transmission and Grid Main Line Trust Fund to reimburse the Developer for the construction of the water arterial transmission and grid main line improvements in accordance with the Agreement. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20147 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 , 20147 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 , 2014 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor O Qg W R y Lo R a a O V P A � � J r I >= LLJ LU ,� 2fO 32f�, NIN z ilbi flNl' O as as s Q � - AMNd OSO S MtlHA1.1D1 hS3W3N a f J JQ 2fO H132ftlZtlN °� W Z a as Noi¢Lw � � o 0 J z V K o W W as tlutlitl� way . fN rc W I a f tl�raa II,II LL I II� WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Water Arterial Transmission and Grid Main Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home- rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469-9277, and Kitty Hawk Development, Ltd. ("Developer "), 8230 S. Staples, Corpus Christi, Texas 78413. WHEREAS, the Developer, in compliance with the Unified Development Code ("UDC"), proposes to final plat the Property as shown on the attached final plat known as Water's Edge at Kitty Hawk Unit 1 ("Development"), as shown in Exhibit 1 (attached and incorporated); WHEREAS, under the UDC and as a condition of such plat of Water's Edge at Kitty Hawk Unit 1, Developer is required to construct a public waterline in order to record such plat; WHEREAS, Developer has submitted an application for reimbursement of the costs of extending a 12-inch waterline from the existing 12-inch waterline on South Staples Street (FM 2444) for a distance of 1,205 Iinear feet in order to extend water grid main along South Staples Street (FM 2444) and consistent with the Unified Development Code (Exhibit 2); WHEREAS, it is in the best interests of the City to have the 12-inch waterline on South Staples Street (FM 2444) for a distance of 1,205 linear feet installed by Developer in conjunction with the final plat; WHEREAS, Resolution No. 026869 authorized the acceptance of applications to be eligible for reimbursement in the future when funds are fully available in, and are appropriated by City Council, the Arterial Transmission and Grid Main Line Trust Fund as per the UDC, Section 8.5.1.C(1), and WHEREAS, Chapter 212 of the Texas 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; NOW, THEREFORE, in consideration set forth hereinafter and in order to provide a coordinated waterline construction project, the City and Developer agree as follows: Subject to the terms of this Agreement and the plat of Water's Edge at Kitty Hawk Unit 1 Developer will construct the 12-inch waterline for and on behalf of the City in accordance with the plans and specifications as are approved by the City Engineer on behalf of the City. 1. REQUIRED CONSTRUCTION The Developer shall construct the 12-inch waterline improvements, in compliance with the City's UDC and under the plans and specifications approved by the Development Services Engineer. 2. PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the construction of the 12-inch waterline, as shown in Exhibit 3, with the following basic design: (1) Install 1,205 linear feet of 12-inch PVC waterline (including horizontal and vertical bends). (2) Install 1,205 linear feet trench safety. (3) Connect to existing 12-inch waterline (4) Install one (1) 12"x12"x8" tee. (5) Install one (1) 12"x2" service saddle. (6) Install three (3) 12" gate valves and boxes. (3) Install twenty (20) linear feet of 18" steel encasement pipe. (4) Install one (1) 12" waterline riser assembly. b. The plans and specifications must comply with City Water Distribution Standards and Standard Specifications. C. Before the Developer starts construction the plans and specification must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS Prior to the start of construction of the 12-inch waterline improvements, Developer shall acquire and dedicate to the City the required additional utility easements "Easements", if necessary for the completion of the 12-inch waterline. If any of the property needed for the Easements is owned by a third party and Developer is unable to acquire the Easements through reasonable efforts, then the City will use its powers of eminent domain to acquire the Easements. 4. PLATTING FEES Developer shall pay to the City of Corpus Christi the required acreage fees and pro-rata fees as required by the UDC for the area of the improvements for the construction of the 12-inch waterline. The required acreage fees Developer is to pay to the City under the UDC for the 12-inch waterline improvements will be credited to Developer provided that an application for credit, including cost- Arterial Tran and Grid Main Reimb Agmt Waters Edge Kitty Hawk Unit 1-Kitty Hawk Nip vFinal Page 2 of 9 supporting documentation, has been submitted to the Assistant City Manager of Development Services prior to the installation of the 12-inch waterline and is approved. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS Developer shall award a contract and complete the improvements to 12-inch waterline, under the approved plans and specifications, by July 8, 2015. 6. TIME IS OF THE ESSENCE Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS The parties shall act promptly and in good faith in performing their duties or obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT The following events shall constitute default: a. Developer fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval by City Council. b. Developer's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. C. Developer fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. d. Developer's contractor does not reasonably pursue construction of the project under the approved plans and specifications. e. Developer's contractor fails to complete construction of the project, under the approved plans and specifications, on or before July 8, 2015. f. Either the City or Developer otherwise fails to comply with its duties and obligations under this Agreement. 9. NOTICE AND CURE a. 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 detail the nature of the default and the requirements to cure such default. Arterial Tran and Grid Main Reimb Agmt Waters Edge Kitty Hawk Unit 1-Kitty Hawk Dvlp vFinal Page 3 of 9 b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. C. 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. d. Should Developer fail to perform any obligation or duty of this Agreement, the City shall give notice to Developer, at the address stated above, of the need to perform the obligation or duty, and should Developer 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 Developer by reducing the reimbursement amount due Developer. e. In the event of an uncured default by the Developer, after the appropriate notice and cure period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default. 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project. 3. Perform any obligation or duty of the Developer under this agreement and charge the cost of such performance to Developer. Developer shall pay to City the reasonable and necessary `cost of the performance within 30 days from the date Developer receives notice of the cost of performance. In the event that Developer 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. f. In the event of an uncured default by the City after the appropriate notice and cure period, the Developer has all its remedies at law or equity for such default. 10. FORCE MAJEURE a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; 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. b. 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 shall give written notice of the full particulars of the force majeure to the Arterial Sran and Grid Main Reimb Agmt Waters Edge Kitty Hawk Unit 1-Kitty Hawk Nip Anal Page 4 of 9 other party within ten (10) business 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. 11. NOTICES a. 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: 1. If to the Developer: 2. If to the City: John Bratton, General Partner City of Corpus Christi Kitty Hawk Development LTD. 1201 Leopard Street (78401) 8230 S. Staples Street P.O. Box 9277 Corpus Christi, Texas 78413 Corpus Christi, Texas 78469 ATTN: Assistant City Manager Development Services b. Notice required by the paragraph may be 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. C. Either party may change of address for notices by giving notice of the change under the provisions of this section. 12. THIRD-PARTY BENEFICIARY Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS Developer shall require its contractor for the construction of the project, before beginning the work, to execute with Developer and the City a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bond must comply with Texas Government Code, Chapter 2253 and must be in the form and substance as attached to this Agreement. 14. WARRANTY Developer shall fully warranty the workmanship of and function of the 12-inch waterline improvements and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City Engineer. Arterial Tran and Grid Main Fleimb Agmt Waters Edge Kitty hawk Unit 1-Kitty Hawk Dvlp vFinaf Page 5 of 9 15. REIMBURSEMENT a. Subject to the appropriation of funds, the City will reimburse the Developer 100% of the reasonable cost of the 12-inch waterline improvements, not to exceed $73,153.29. See attached cost estimate (Exhibit 4). b. Subject to the appropriation of funds, the City agrees to reimburse the Developer on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30-days from the date of the invoice. Developer shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. C. To be eligible for reimbursement, the work completed in a good and workmanlike manner, and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. d. In the event that this Agreement is terminated by the City at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse Developer for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that there is an uncured default by the Developer. 16. INDEMNIFICATION DEVELOPER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS,EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM CITY ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE DEVELOPER'S FAILURE TO COMPLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT OR TO PROVIDE CITY WATER SERVICE TO THE DEVELOPMENT, INCLUDING INJURY, LOSS, OR DAMAGE WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT DESCRIBED ABOVE, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF Arterial Tran and Grid Main Reimb Agmt Waters Edge Kitty Hawk Unit 1-Kitty Hawk Nip vFinal Page 6 of 9 INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES, WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SPECIFICALLY INCLUDES ALL CLAIMS, DAMAGES, AND LIABILITIES OF WHATEVER NATURE, FORESEEN OR UNFORESEEN, UNDER ANY HAZARDOUS SUBSTANCE LAWS, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: (A) ALL FEES INCURRED IN DEFENDING ANY ACTION OR PROCEEDING BROUGHT BY A PUBLIC OR PRIVATE ENTITY AND ARISING FROM THE PRESENCE, CONTAINMENT, USE, MANUFACTURE, HANDLING, CREATING, STORAGE, TREATMENT, DISCHARGE, RELEASE OR BURIAL ON THE PROPERTY OR THE TRANSPORTATION TO OR FROM THE PROPERTY OF ANY HAZARDOUS SUBSTANCE. THE FEES FOR WHICH THE DEVELOPER SHALL BE RESPONSIBLE UNDER THIS SUBPARAGRAPH SHALL INCLUDE BUT SHALL NOT BE LIMITED TO THE FEES CHARGED BY (1) ATTORNEYS, (II) ENVIRONMENTAL CONSULTANTS, (III) ENGINEERS, (1V) SURVEYORS, AND (V) EXPERT WITNESSES. (B) ANY COSTS INCURRED ATTRIBUTABLE TO (1) THE BREACH OF ANY WARRANTY OR REPRESENTATION MADE BY DEVELOPER/OWNER IN THIS AGREEMENT, OR (11) ANY CLEANUP, DETOXIFICATION, REMEDIATION, OR OTHER TYPE OF RESPONSE ACTION TAKEN WITH RESPECT TO ANY HAZARDOUS SUBSTANCE ON OR UNDER THE PROPERTY REGARDLESS OF WHETHER OR NOT THAT ACTION WAS MANDATED BY THE FEDERAL, STATE OR LOCAL GOVERNMENT. THIS INDEMNITY SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THE AGREEMENT. 17. ASSIGNMENT OF AGREEMENT This Agreement may be assigned by Developer to another with the written consent of the City's City Manager. 18. COVENANT RUNNING WITH THE LAND This Agreement is a covenant running with the land, Water's Edge at Kitty Hawk Unit 1, a subdivision in Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer's successors or assigns. Arterial Tran and Grid Main Reimb Agrnt Waters Edge Kitty Hawk Unit 1-Kitty Hawk Nip vFina6 Page 7 of 19. DISCLOSURE OF OWNERSHIP INTERESTS Developer further agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit 5. 20. AUTHORITY All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. 21. EFFECTIVE DATE This Agreement shall be executed in one original, which shall be considered one instrument. *This Agreement becomes effective and is binding upon, and inures to the benefit of the City and Developer from and after the date that all original copies have been executed by all signatories. EXECUTED IN ONE original, *this ; day of ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,. 2014. SIGNATURES FOUND ON PAGES 8 and 9. Developer John Bratton, General Partner Kitty Hawk Development LTD. 8230 S. Staples Street Corpus Christi, Texas 78413 By: John r atton Gen ra Partner THE STATE OF TEXAS § § COUNTY OF NUECES § This instrument was signed by John Bratton, General Partner, f r Kitty Hawk Development LTD., and acknowledged before me on the day of 2014. � Mr I TANYA ROJAS My Commission Expires October 15,2017 a otary ublic, St at O-Prexas Arterial Tran and Grid Main fleimb Agml Waters Edge Kitty Hawk Unit 1-Kitty Hawk Dvlp vFinal Page 8 of CITY OF CORPUS CHRISTI: ATTEST: By: y: Rebecca Huerta Ronald L. Olson City Secretary City Manager THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Rebecca Huerta, City Secretary, for the City of Corpus Christi, Texas, and acknowledged before me on the„,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,,, day of„,,,,,,,,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 2014. Notary Public, State Of Texas THE STATE OF TEXAS § § COUNTY OF NUECES § This instrument was signed by Ronald Olson, City Manager, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 2014. Notary Public, State Of Texas day of �u�'l APPROVED AS TO FORM: This .........................,,,,,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,.. 2014. 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Lnl ljfflD4 1 1,1 SZ N n I _ 3003 S631VM 114 cc CLry ' IJ d b8'LB£ w',aOLSL .LSZ9 .lz'9ol _ \ �' n t2 Gz a vm �m m. n ry t •• .�yN � 5b�p 1 OR�S(rct_ I e O ° J n y y a \ l£'l94 H1f10S oa s9 J9,— ,00'fu ,00 szL m h N a �n a n n I 'lZ£8 �/�a Sly LSZOZ 6L� I 3sr.o4p nil �i oo sfz VZNVNOB '� S 90[04 TTT 9f0 LJ\9�0�\��5\L �h .e.,/ .•, I - I HllION /- z 99 L W I 4ilr� i � �r LU "m I o iaoN m I jro'A>P-in a 4 � I � � c I 3C Sb 09 0 0 3n18G Hll 05 n j 3003 Sa31VM >no 01 �o e �w 11 q o PH �� H1HON = lT O 09 S9 N' Iry ° N o° ,oa .oro ✓% os z� .00 mm 00'SL ,99'9L£ H1a0N V o / of o / o o w t\\\ o t d o rc w n.� 'W ,,, it F:F£ z o d3U�rcw i �g gati ° OF W 8j � III �' x N Z �.o IL I I i c'LL 0 wa i o i APPLICATION FOR WATERLINE REIlVIBURSEMENT I, John Bratton,owner of Kitty Hawk Development,Ltd ,owner and developer of proposed Water's Edge at Kitty Hawk Unit 1 Subdivision,hereby request reimbursement of$ 73,153.29 for the installation of the water Grid Main as provided for by City Ordinance No. 17092. Said $ 73,153.29 is the construction cost,including 7.5%Engineering,in excess of the Iot/acreage fee, as shown by the cost supporting d o eats attached herewith. ohn Bratton, Owner {Date} Kitty Hawk Development, Ltd. THE STATE OF TEXAS }{ COUNTY OF NUECES )( g ,20 , This instrument was acknowledged before me on ,.. by , a Texas Corporation, on behalf of the said corpo 4Notary �E(g DIANA C RAMIREZ 7 My Comndssim ExPire>s "Nara"i1,2047 ublic in and "r Nueces unty,Texas CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) sufficiency of funds in the Grid and Arterial Main Trust Fund, and (b) appropriation and approval by the City Council. (� i � J. 69,14R zmz evelo pment Services Engineer ( ate) Exhibit 2 Page I of 2 APPLICATION FOR WATERLINE CREDIT I, John Bratton,owner of Kitty Hawk Development,Ltd ,owner and developer of proposed Water's Edge at Kitty Hawk Unit 1 Subdivision, hereby apply for $ 21,778.51 credit towards the water lot/acreage fee for the Grid Main as provided for by City Ordinance No. 17092. Said $ 21,778.51 is equal to the required lot/acreage fee and represents a portion of the construction cost,including 7.5%Engineering,as shown by the cost supporting documents attached herewith. J Bratton, Owner (Date) Kitty Hawk Development, Ltd. THE STATE OF TEXAS )( COUNTY OF NUECES )( This instrument was acknowledged before me on iQ by tJ a Texas Corporation, on behalf of the said corporation. DIANA C RAMIREZ My Commission Expires Notary Public in and for Nueces 66y,Texas pt ass 1 November 11,2011 Exhibit 2 Page 2 of 2 IIIIIIIIIIIIIIIII o 0 0 z o II1% N ( N N w N M z�. 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III 0 N Q - cn uuuuul llll� �I NI w � g z w �:... �n oa aan si N - W W N : W K° X U w - V) - in F — W O w 0Z w Iw d W X : X - } W C-4 W X111 a�-a 3n a[ Q Q o O 3 W > Q x U) wl p N - Q H wl N LLI O ICI' w 0 �I : d O N zl _ O D I O cn x N O cil - m w w N, _ N U z a I I (n -_ �... w Z Z � Z .:1 1111111 1 g w o I g "''11111111 N Z 8—d 3NI�H�lbW a —8 3NI�H�1dW a U) a — a W W O r W W y uuuuuuumu" umpppll o w w� ®Z 3 ®Z z ®Z z �- <®Z z w w w �� w WATER'S EDGE AT KITTY HAWK UNIT 1 SCALE. AS NOTED WATERLINE CREDIT AND REIMBURSEMENT DRAWN BY: dip DESIGN MEMORANDUM APPROVED BY: PDV DATE: r% APRIL 2014 JOB NO. NO. DATE REVISIONS engineering-surveying 403-12048-1 TBPE FIRM REG. NO. F-2037 WATERLINE CONSTRUCTION SCHEMATIC SHEET NO. 38 RVE, Inc. Engineering—Surveying P.O.Box 2927,Corpus Christi,Texas 78403 820 Buffalo St., Corpus Christi,Texas 78401 phone: 361.887.8851 fax: 361.887.8855 e—mail:rve @rve—inc.com .w rve—inc.com Exhibit 3 WATER'S EDGE at KITTY HAWK UNIT 1 UNIT PRICE BASIS OF BID PART A-GENERAL ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT Al General,Mobilization&De-Mobilization,complete and in place per Lump Sum.(May not exceed 5%of 1 LS $ 106,000.00 $ 106,000.00 Total Base Bid A2 Payment&Performance Bonds 1 LS $ 38,000.00 $ 38,000.00 A3 Storm Water Pollution Prevention Plan,complete and in place per Lump Sum. 1 LS $ 1,300.00 $ 1,300.00 A4 Ozone Action Days,complete and in place per Day. 1 DAY $ 1,000.00 $ 1,000.00 A5 Construction Entrance 2 EA $ 2,000.00 $ 4,000.00 A6 Silt Fence,complete and in place per Linear Foot 7,060 LF $ 2.80 $ 19,768.00 TOTAL PART A-GENERAL $ 170,068.00 PART B-EARTHWORK ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT B1 Proof-rolling,complete and in place per Acre. 43.6 AC $ 240.00 $ 10,464.00 B2 Concrete Lake Edging,complete and in place per Cubic Yard. 383 CY $ 207.00 $ 79,281.00 B3 Rock Riprap in Lake,complete and in place per Cubic Yard. 1,160 CY $ 138.00 $ 160,080.00 B4 Geotextile Fabric,complete and in place per Square Yard. 3,800 SY $ 3.35 $ 12,730.00 B5 Street Excavation(2'B.O.C.),Place As Embankment on Unit 1 and Future Lots,complete and in place per 4,030 CY $ 4.95 $ 19,948.50 Cubic Yard. B6 Lake Excavation,Place As Embankment on Unit 1&Future Lots,complete and in place per Cubic Yard. 152,500 CY $ 3.40 $ 518,500.00 B7 Site Grading,complete and in place per Acre. 43.6 AC $ 1,395.00 $ 60,822.00 TOTAL PART B-EARTHWORK $ 861,825.50 PART C-STREET IMPROVEMENTS ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT C] Lime Stabilized Subgrade(2'B.O.C.),complete and in place per Square Yard. 10,491 SY $ 7.05 $ 73,961.55 C2 Limestone Base(Lip to Lip),complete and in place per Square Yard. 8,471 SY $ 15.35 $ 130,029.85 C3 Prime Coat(0.2 Gallons/SY),complete and in place per Gallon. 1,694 GAL $ 5.40 $ 9,147.60 C4 2"Type D'HMAC,complete and in place per Square Yard. 8,386 SY $ 15.60 $ 130,821.60 C5 6"Curb and Gutter(Incl.Limestone Base Beneath Curb to 2'B.O.C.),complete and in place per Linear 5,021 LF $ 23.70 $ 118,997.70 Foot. C6 4'Concrete Sidewalk,complete and in place per Square Foot. 18,215 SF $ 4.75 $ 86,521.25 C7 6'Concrete Park Sidewalk,Block 3,Lot 2,complete and in place per Square Foot. 4,000 SF $ 4.85 $ 19,400.00 CS Curb Ramp,complete and in place per Square Foot. 1,985 SF $ 10.00 $ 19,850.00 C9 Stop Sign(36"),complete and in place per Each. 2 EA $ 385.00 $ 770.00 C10 Raised Reflective Pavement Markings(TYB-B-B)Blue,complete and in place per Each. 4 EA $ 13.00 $ 52.00 TOTAL PART C-STREET IMPROVEMENTS $ 589,551.55 LEGAL DESCRIPTION: Water's Edge at Kitty Hawk Unit 1,being 30.293 acres out of a 289.061 acre tract of land out of the South Half of Section 31 and the North Half of Section 32,Laureles Farm Tracts,a map of which is recorded in Volume 3,Page 15,Map Records of Nueces County,Texas. Engineering-Surveying RVE, Inc. 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 4 Page 1 of 5 WATER'S EDGE at KITTY HAWK UNIT I UNIT PRICE BASIS OF BID PART D-DRAINAGE IMPROVEMENTS ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT DI 18"Class IQ RCP,complete and in place per Linear Foot. 430 LF $ 48.60 $ 20,898.00 D2 24"Class IQ RCP,complete and in place per Linear Foot. 586 LF $ 75.80 $ 44,418.80 D3 30"Class IQ RCP,complete and in place per Linear Foot. 225 LF $ 81.85 $ 18,416.25 D4 5'x 2'Lake Outfall Concrete Box Culvert,complete and in place per Linear Foot. 560 LF $ 230.30 $ 128,968.00 D5 Trench Safety For Excavations,complete and in place per Linear Foot. 1,200 LF $ 2.55 $ 3,060.00 D6 T Manhole with 24"R&C,complete and in place per Each. 4 EA $ 2,780.00 $ 11,120.00 D7 Manhole Trench Safety,complete and in place per Each. 4 EA $ 200.00 $ 800.00 D8 Curb Inlet,complete and in place per Each. 12 EA $ 2,760.00 $ 33,120.00 D9 RCP Outfall Structures,complete and in place per Each. 4 EA $ 2,820.00 $ 11,280.00 D10 Concrete Overflow Channel(Including Trench Grates),complete and in place per Linear Foot. 280 LF $ 77.70 $ 21,756.00 D11 Intake Structure(Including Grate Inlet),complete and in place per Each. 1 EA $ 26,400.00 $ 26,400.00 D12 Curb Inlet/Junction Box E-1 and E-2,complete and in place per Each. 2 EA $ 7,950.00 $ 15,900.00 D13 Channel Outfall Structure,complete and in place per Each. 1 EA $ 20,600.00 $ 20,600.00 D14 Flap Gates,complete and in place per Each. 5 EA $ 2,310.00 $ 11,550.00 D15 18"Class In Water's Edge Drive RCP,complete and in place per Linear Foot. 86 LF $ 65.40 $ 5,624.40 D16 Type II Precast Safety End Treatment,complete and in place per Each. 2 EA $ 1,550.00 $ 3,100.00 D17 Concrete Valley Gutter/Street,complete and in place per Square Foot. 624 SF $ 15.35 $ 9,578.40 D18 Limestone Base for Valley Gutter/Street,complete and in place per Cubic Yard. 21 CY $ 165.00 $ 3,465.00 D19 Cement-Stabilized Sand Backfill(System E),complete and in place per Cubic Yard. 116 CY $ 54.50 $ 6,322.00 D20 Rock Riprap at Inlets E-1&E-2,complete and in place per Cubic Yard. 36 CY $ 128.00 $ 4,608.00 D21 Rock Riprap in Channel,complete and in place per Cubic Yard. 165 CY $ 95.00 $ 15,675.00 TOTAL PART D-DRAINAGE IMPROVEMENTS $ 416,659.85 LEGAL DESCRIPTION: Water's Edge at Kitty Hawk Unit 1,being 30.293 acres out of a 289.061 acre tract of land out of the South Half of Section 31 and the North Half of Section 32,Laureles Farm Tracts,a map of which is recorded in Volume 3,Page 15,Map Records of Nueces County,Texas. Engineering-Surveying RVE, Inc. 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 4 Page 2 of 5 WATER'S EDGE at KITTY HAWK UNIT 1 UNIT PRICE BASIS OF BID PART E-WATER IMPROVEMENTS ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT E1 8"C900 PVC Waterline,complete and in place per Linear Foot. 1,600 LF $ 42.20 $ 67,520.00 E2 8"Ductile Iron Pipe(Incl.Hot.And Vert.Bends),complete and in place per Linear Foot. 160 LF $ 159.75 $ 25,560.00 E3 KxKx8"Tee,complete and in place per Each. 1 EA $ 830.75 $ 830.75 E4 8"x8"x6"Tee,complete and in place per Each. 1 EA $ 766.85 $ 766.85 E5 8"Gate Valve&Box,complete and in place per Each. 5 EA $ 2,044.90 $ 10,224.50 E6 8"90°Bend,complete and in place per Each. 1 EA $ 639.05 $ 639.05 E7 8"M7 Cap,complete and in place per Each. 2 EA $ 319.50 $ 639.00 ES 6"C900 PVC Waterline,complete and in place per Linear Foot. 820 LF $ 35.80 $ 29,356.00 E9 6"Ductile Iron Pipe(Incl.Hot.And Vert.Bends),complete and in place per Linear Foot. 40 LF $ 127.80 $ 5,112.00 E10 6"Gate Valve&Box,complete and in place per Each. 2 EA $ 1,661.50 $ 3,323.00 Ell 6"22.5°Bend,complete and in place per Each. 1 EA $ 511.25 $ 511.25 E12 6"45°Bend,complete and in place per Each. 1 EA $ 511.25 $ 511.25 E13 2"HDPE Waterline,complete and in place per Linear Foot. 675 EA $ 20.45 $ 13,803.75 E14 8"x 2"Service Saddle,complete and in place per Each. 2 EA $ 287.55 $ 575.10 E15 6"x 2"Service Saddle,complete and in place per Each. 1 EA $ 255.60 $ 255.60 E16 2"Corporation Stop,complete and in place per Each. 4 EA $ 447.35 $ 1,789.40 E17 Fire Hydrant Assembly(Incl.6"x6"Tee,6"GV&B and 6"D.I.Lead),complete and in place per Each. 4 EA $ 6,134.75 $ 24,539.00 LIS New Short Single Water Service(Incl.Meter Box,but No House Connection/Meter),complete and in place 1 EA $ 1,150.25 $ 1,150.25 per Each. E19 New Short Double Water Service(Incl.Meter Box,but No House Connection/Meter),complete and in place 6 EA $ 1,597.60 $ 9,585.60 per Each. E20 New Long Double Water Service(Incl.Meter Box,but No House Connection/Meter),complete and in place 7 EA $ 1,725.40 $ 12,077.80 per Each. E21 6"Waterline Riser Assembly,complete and in place per Each. 1 EA $ 511.25 $ 511.25 TOTAL PART E-WATER IMPROVEMENTS $ 209,281.40 LEGAL DESCRIPTION: Water's Edge at Kitty Hawk Unit 1,being 30.293 acres out of a 289.061 acre tract of land out of the South Half of Section 31 and the North Half of Section 32,Laureles Farm Tracts,a map of which is recorded in Volume 3,Page 15,Map Records of Nueces County,Texas. Engineering-Surveying RVE, Inc. 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 4 Page 3 of 5 WATER'S EDGE at KITTY HAWK UNIT 1 UNIT PRICE BASIS OF BID PART F-OFF-SITE WATER IMPROVEMENTS ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT Fl 12"C900 PVC Waterline(Incl.Horizontal and Vertical Bends),complete and in place per Linear Foot. 1,205 LF $ 56.25 $ 67,781.25 F2 Trench Safety for Excavations,complete and in place per Linear Foot. 1,205 LF $ 2.55 $ 3,072.75 F3 Connect to Existing 12"Waterline,complete and in place per Each. 1 EA $ 2,556.15 $ 2,556.15 F4 12"x 12"x8"Tee,complete and in place per Each. 1 EA $ 1,086.35 $ 1,086.35 F5 12"x 2"Service Saddle,complete and in place per Each. 1 EA $ 1,022.45 $ 1,022.45 F6 12"Gate Valve&Box,complete and in place per Each. 3 EA $ 2,683.95 $ 8,051.85 F7 20"Steel Encasement Pipe,complete and in place per Linear Foot. 20 LF $ 127.80 $ 2,556.00 FS 12"Waterline Riser Assembly,complete and in place per Each. 1 EA $ 766.85 $ 766.85 TOTAL PART F-OFF-SITE WATER IMPROVEMENTS $ 86,893.65 SUMMARY A General Total $ 170,068.00 B Earthwork Total $ 861,825.50 C Street Improvements Total $ 589,551.55 D Drainage Improvements Total $ 416,659.85 E Water Improvements Total $ 209,281.40 F Off-Site Water Improvements Total $ 86,893.65 TOTAL BASE BID(PARTS A THRU F)-WATER'S EDGE AT KITTY HAWK UNIT 1 $ 2,334,279.95 LEGAL DESCRIPTION: Water's Edge at Kitty Hawk Unit 1,being 30.293 acres out of a 289.061 acre tract of land out of the South Half of Section 31 and the North Half of Section 32,Laureles Farm Tracts,a map of which is recorded in Volume 3,Page 15,Map Records of Nueces County,Texas. Engineering-Surveying RVE, Inc. 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 4 Page 4 of 5 12" WATER MAIN EXTENSION COST ESTIMATE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 12"C900 PVC Waterline(Incl.Horizontal and Vertical Bends), 1 complete and in place per Linear Foot. 1,205 LF $ 56.25 $ 67,781.25 2 Trench Safety for Excavations,complete and in place per Linear Foot. 1,205 LF $ 2.55 $ 3,072.75 3 Connect to Existing 12"Waterline,complete and in place per Each. 1 EA $ 2,556.15 $ 2,556.15 4 12"x12"x8"Tee,complete and in place per Each. 1 EA $ 1,086.35 $ 1,086.35 5 12"x 2"Service Saddle,complete and in place per Each. 1 EA $ 1,022.45 $ 1,022.45 6 12"Gate Valve&Box,complete and in place per Each. 3 EA $ 2,683.95 $ 8,051.85 7 18"Steel Encasement Pipe,complete and in place per Linear Foot. 20 LF $ 127.80 $ 2,556.00 8 12"Waterline Riser Assembly,complete and in place per Each. 1 EA $ 766.85 $ 766.85 9 Payment Bond 1 LS $ 1,415.00 $ 1,415.00 Sub-Total-12"Water Main Extension $ 88,308.65 7.5%Engineering Fee $ 6,623.15 TOTAL - 12" Water Main Extension $ 94,931.80 Lot/Acreage Fee(See Exhibit 2a-Application for Waterline Credit) $ 21,778.51 Waterline Reimbursement(See Exhibit 2b-Application for Waterline Reimbursement) $ 73,153.29 LEGAL DESCRIPTION: Water's Edge at Kitty Hawk Unit 1,being 30.293 acres out of a 289.061 acre tract of land out of the South Half of Section 31 and the North Half of Section 32,Laureles Farm Tracts,a map of which is recorded in Volume 3,Page 15,Map Records of Nueces County,Texas. Engineering- Surveying RVE, Inc. TBPE Firm Reg. No. F-2037 820 Buffalo St., Corpus Christi, Texas 78401-2216 0 P.O. Box 2927, Corpus Christi, Texas 78403-2927 phone: 361.887.8851 0 fax: 361.887.8855 e-mail: rve @rve-inc.com website: www.rve-inc.com Exhibit 4 Page 5 of 5 City of Corpus Christi,Texas Department of Development Services P.O.Box as 77 City of Corpus Christi,Texas 78469-9277 (361)826-3240 Coypus Located at: 2406 Leopard Street Chl 1�7t1 (Comer of Leopard St.and Port Ave.) DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with"NA". NAME: Kitty Hawk Development, Ltd. STREET: 8230 Staples Street CITY: Corpus Christi ZIP: 78413 FIRM is: ❑Corporation ■❑ Partnership ❑ Sole Owner ❑Association ❑Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm". Name Job Title and City Department(if known) N/A 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 N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm". Name Board, Commission, or Committee N/A N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A N/A CERTIFICATE certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: John Bratton Title: Owner (Print) c Signature of Certifying Person: 4M Date: KADEVELOPMENTSVCSISHARED\L.4VD DEVELOPMENT ORDINANCE ADM INISTRATION\APPLICATION PORMSTORMS AS PER LEGAC2012\DISCLOSURE OF LNTERESTS STATEMENT 1.27.12.DOC Exhibit 5 Page 1 of 2 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 non-profit 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. Exhibit 5 Page 2 of 2 OR RNI 1852 AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of July 8, 2014 Second Reading Ordinance for the City Council Meeting of July 15, 2014 DATE: June 23, 2014 TO: Ronald L. Olson, City Manager FROM: Barney Williams, P.E., Interim Director, Development Services BarneyW@cctexas.com (361) 826-3595 Rezoning from Low density residential to Commercial by Dalia Ayala Holdings, LLC and Gonzalez Family Partnership, Ltd. Property Address: 6902 South Staples Street CAPTION: Case No. 0614-01 Dalia Ayala Holdings, LLC and Gonzalez Family Partnership, Ltd.: A change of zoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District on Tract 1 and to the "CN-1" Neighborhood Commercial District on Tract 2. The property to be rezoned is described as 7.61 Acres out of Lots 17, 18, 31 and 32, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, located on the east side of South Staples Street, approximately 300 feet north of Corsica Road. PURPOSE: The purpose of this item is to develop the property with mixed commercial uses. RECOMMENDATION: Planning Commission and Staff Recommendation (June 4, 2014): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District on Tract 1 and to the "CN-1" Neighborhood Commercial District on Tract 2. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning to develop a restaurant use for the front portion of the property (Tract 1) and a neighborhood commercial use for the rear portion of the property (Tract 2). The restaurant use will be in the proposed "CG-2" General Commercial District to allow the square footage to exceed 5,000 square feet. The neighborhood commercial uses are better suited for the nearby medium density residential and single family uses and will provide daily convenience retail needs of nearby residents. The proposed rezoning is compatible with the present zoning and conforming uses of nearby properties and to the character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. and the subject property is suitable for the uses proposed by this rezoning. ALTERNATIVES: 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. Although the proposed rezoning is not consistent with the Future Land Use Plan (FLUP) and the Comprehensive Plan, the FLUP does show zoning patterns of commercial along South Staples Street. The proposed land uses are buffered from a high intense commercial to the least intense commercial to provide a transition to the low-density residential areas. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Report with Attachments Aerial Overview Map Ordinance amending the Unified Development Code ("UDC"), upon application by Dalia Ayala Holdings, LLC and Gonzalez Family Partnership, Ltd. ("Owners"), by changing the UDC Zoning Map in reference to 7.61 acres out of Lots 17, 18, 31 and 32, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District on Tract 1 and to the "CN-1" Neighborhood Commercial District on Tract 2; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Dalia Ayala Holdings, LLC and Gonzalez Family Partnership, Ltd. ("Owners"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 4, 2014, during a meeting of the Planning Commission, and on Tuesday, July 8, 2014, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application by Dalia Ayala Holdings, LLC and Gonzalez Family Partnership, Ltd. ("Owners"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on 7.61 acres out of Lots 17, 187 31 and 32, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, located on the east side of South Staples Street, approximately 300 feet north of Corsica Road (the "Property"), from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District on Tract 1 and to the "CN-1" Neighborhood Commercial District on Tract 2 (Zoning Map No. 044032), as shown in Exhibits "A.1", "A.2" and "A.3." Exhibits A.1 and A.2, which are a metes and bounds description of the Property (Tract 1 and Tract 2), and Exhibit A.3, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of 20 ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor Page 2 of 2 0614-01 Ordinance,Ayala and Gonzalez LEGAL DESCRIPTION 3.63 ACRE TRACT A 3.63 ACRE TRACT OF LAND OUT OF A 19.65 ACRE TRACT OF LAND AS RECORDED IN DOCUMENT NUMBER 2009030350,DEED RECORDS,NUECES COUNTY, TEXAS,AND BEING MORE PARTICULARLY DESCRIBED AS: BEGINNMG at a calculated point at the intersection of the easterly right-of way line of South Staples Street and the southerly line of a 35.933 acre tract, as recorded in Document Number 2008011575, Official Public Records,Nucces County,Texas,for a corner of the herein described tract; THENCE South 61°01'40"East, departing said easterly right-of-way line, and with said southerly line, a distance of 400.00 feet to a calculated point, for a corner of the herein described tract; THENCE South 27°58'45"West, a distance of 39590 feet to a calculated point on the northerly line of a 5.497 acre tract, as recorded in Document Number 2003024403,Official Public Records,Nucces County, Texas, for a corner of the herein described tract; THENCE North 61'01'45"West,with said northerly line, a distance of 399.87 feet to a calculated point on the aforementioned easterly right-of-way line of South Staples Street,for a corner of the herein described tract; THENCE North 27 057'38" East,with said easterly right-of-way line, a distance of 395.92 feet to the POINT OF BEGINNING and containing 158,314 square feet or 3.63 acres of land. NOTE: THIS DESCRIPTION WAS PREPARED IN HOUSE WITHOUT A FIELD SURVEY OF THE PROPERTY DESCRIBED HEREON AND IS FOR DESCRIPTIVE PURPOSES ONLY. ALL BEARINGS ARE BASED ON DEED BEARINGS AS RECORDED IN DOCUMENT NUMBER 2009030350, DEED RECORDS, NUECES COUNTY, TEXAS. Stacey K g Nqora, RPLS L� ''C�15tq 4 Registered Professional Land Surveyor ;° •.�' Texas Registration No. 6166 ......•....1....:.... Naismith Engineering, Inc. STRCEY.KING.I 0,RA.. TBPE F#355 TBPLS#100395-00 6166 Date �?B S:\9294 PARCEL REZONE\LEGAL DESCRIPTION 3.63 Acres-NW Parcel.docx 1 of 1 Exhibit A.1 LEGAL DESCRIPTION 3.98 ACRE TRACT A 3.98 ACRE TRACT OF LAND OUT OF A 19.65 ACRE TRACT OF LAND AS RECORDED ING DOCUMENT NUMBER 2009030350, DEED RECORDS,NUECES COUNTY, TEXAS,AND BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING at a calculated point which bears South 61'0 1'40"East, a distance of 400.00 feet from the intersection of the easterly right-of way line of South Staples Street and the southerly line of a 35.933 acre tract, as recorded in Document Number 2008011575,Official Public Records,Nueces County,Texas, for a corner of the herein described tract; WHENCE South 61°01'40"East,with said southerly line, a distance of 438.38 feet to a calculated point on the westerly line of a 12.00 acre tract, as recorded in Document Number 2012038800, Official Public Records,Nueces County, Texas,for a corner of the herein described tract; THENCE South 27°58'45" West,with said westerly line, a distance of 395.89 feet to a calculated point on the northerly line of a 5.497 acre tract, as recorded in Document Number 2003024403, Official Public Records,Nueces County, Texas, for a corner of the herein described tract; THENCE North 61°01'45"West, with said northerly line, a distance of 43 8.3 8 feet to a calculated point, for a corner of the herein described tract; THENCE North 27°58'45"East, a distance of 395.90 feet to the POINT OF BEGINNING and containing 173,528 square feet or 3.98 acres of land. NOTE: THIS DESCRIPTION WAS PREPARED IN HOUSE WITHOUT A FIELD SURVEY OF THE PROPERTY DESCRIBED HEREON AND IS FOR DESCRIPTIVE PURPOSES ONLY. ALL BEARINGS ARE BASED ON DEED BEARINGS AS RECORDED IN DOCUMENT NUMBER 2009030350, DEED RECORDS,NUECES COUNTY, TEXAS. WCL-� Stacey KiAg Mora, RPLS ' OF Registered Professional Land Surveyor Texas Registration No. 6166 Naismith Engineering, Inc. STACEY KING MORA TBPEF#355 TBPLS 4100395-00 ".6166""' DateN�' Ib, -)_A SA9294 PARCEL REZONE\LEGAL DESCRIPTION 3.98 Acres-SE Parcel.dou I OF 1 Exhibit A.2 Ntl r i w m y C) LLJ W� W � C W } �' O_ a z z = 2,0 Q O w F2 WO a ��� � °zw LU z °QZ W= a U po¢ a J (n�7 O c H$ < ~pW O Q O U - 00 U O U z=O i m rn < 7 H _ N !n z O UJ p Z �O ¢ = cv } W U)O O C w o w U p Of F C, Q C:) a ° _�° Of W W I _ < Cw'J �wZ cUi) �' 6 X U mfr J Om W p �iw, i � °i co xw� U fn=LL fn ��i� ¢ � _ II ~~W p W O W LLzZ in m z W O ® _ ❑ w U w W w z Q o p m i C', O =O z M Z= W a C-) ., a LLJ H 2 0 o Q X = Cl) O U U) LU p H W(nom H� O Q 2 y O W Z nco F tl; ..„ 0 Z o1) o n zgz CJ q..o..d tl.x'ro W o0 ii � U b H s%cti Q O � O� ti F" n0 P4 r 5 U ID M U < °�s M " ti se <o F o 06. �s� LLJ C) P. w m ti a oo. a � A '-I 0& Exhibit A.3 PLANNNG COMMISSION FINAL REPORT Case No.: 0614-01 HTE No. 14-10000020 Planning Commission Hearing Date: June 4, 2014 Applicant/Owner: Dalia Ayala Holdings, LLC and Gonzalez Family Partnership, Ltd. c _ .o Representative: Willard Hammonds II (A.C.S.I.) c� c� 'Q 4) .7 Legal Description/Location: 7.61 Acres out of Lots 17, 18, 31 and 32, c otf o Section 11, Flour Bluff and Encinal Farm and Garden Tracts, located on the east side of South Staples Street approximately 300-feet north of Corsica Road. Tract 1: From: "RS-6" Single-Family 6 District To: "CG-2" General Commercial District a� C Cr Tract 2: From: "RS-6" Single-Family 6 District c To: "CN-1" Neighborhood Commercial District .E N Area: 7.61 acres Purpose of Request: To develop the property with mixed commercial uses. Existing Zoning Existing Land Use Future Land Use District Tract1: Medium Density Site "RS-6" Single-Family 6 Vacant Residential Tract2: Low Density Residential ayi "CN-1" c North Neighborhood Vacant Commercial N Commercial c J "CN-1" n Neighborhood Commercial/Low w South Commercial and "RS- Vacant Density 6" Single-Family 6 Residential East "RS-6" Single-Family 6 Vacant Low Density Residential "CN-1" West Neighborhood Vacant Commercial Commercial Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan. The proposed cL c rezoning of the property to "CG-2" General Commercial on Tract 1 and to M 0 "CN-1" Neighborhood Commercial District on Tract 2 is not consistent with a c the adopted Future Land Use Plan, which slates the property for residential a uses. Map No.: 044032 Zoning Violations: None c Transportation and Circulation: The subject property has approximately CL.0 400 feet of frontage along South Staples Street, a TXDOT roadway, which is a designated "A3" Primary Arterial. Access to the development will be required to comply with TXDOT's Traffic Access Management regulations. Urban Traffic Street Transportation Plan Proposed Existing Volume Type Section Section 2014) Q South 130' ROW L Staples A3 Primary Arterial 79' paved 100' ROW 17 712 Cn Street with median 66 p aved ADT Staff Summary: Requested Zoning: Requested Zoning: The applicant is requesting a rezoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District on Tract 1 and to the "CN-1" Neighborhood Commercial District on Tract 2 for a mixed commercial development. Development Plan: The development will consist of a restaurant use for the front portion of the property and a neighborhood commercial use for the rear portion of the property. The restaurant use will be in the proposed "CG-2" General Commercial District to allow unlimited square footage. The "CN-1" Neighborhood Commercial and "CN-2" Neighborhood Commercial limits restaurant square footage to 5,000 square feet and 3,000 square feet. The commercial uses allowed in the "CN-1" Neighborhood Commercial District are limited to Retail Sales and Service Uses, Overnight accommodation uses, Office uses and Indoor Recreation uses except bars, pubs and taverns. The retail uses are better suited for the nearby medium density residential and single family uses and will provide daily convenience retail needs of nearby residents. Existing Land Uses & Zoning: The subject property, zoned "RS-6" Single-Family 6 District contains 7.61 acres of vacant land. North of the subject property is vacant property zoned "CN-1" Neighborhood Commercial. South of the subject property is vacant property zoned "CN-1" Neighborhood Commercial and "RS-6" Single-Family 6 District. East of the subject property is vacant land zoned "RS-6" Single-Family 6 District. West of the subject property, zoned "CN-1" Neighborhood Commercial District, is developed with an automotive service center. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property will require platting with all infrastructure and public improvements in accordance with the Comprehensive Plan and all master plans. Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject property is located within the boundaries of the Southside Area Development Plan. The requested zoning is not consistent with the adopted Future Land Use Plan, which slates the property for residential use. A commercial use would be an acceptable use as an expansion of the commercial zoned properties north and south of the property. The Comprehensive Plan and Southside ADP both encourage the mixed commercial development at this location for infill development and to accommodate the existing zoning patterns. The rezoning meets the following polices of the Comprehensive Plan: • Buffer requirements of the Unified Development Code will promote better protection to the residential district abutting the proposed "CN-1" Neighborhood Commercial. (Policy Statement B.5) • The proposed land uses are buffered from a high intense commercial to the least intense commercial to provide a transition to the low-density residential areas. (Policy Statement B.6) • Future development will adhere to TXDOT's access management standards that support Policy Statement B.3 of the Southside ADP, which minimizes curb and median cuts along the arterial street. Department Comments: • Although the proposed rezoning is not consistent with the Future Land Use Plan and the Comprehensive Plan, the Southside ADP encourages commercial infill development in locations with managed access and high visibility. • The proposed rezoning is compatible with the present zoning and conforming uses of nearby properties and to the character of the surrounding area. • This rezoning does not have a negative impact upon the surrounding neighborhood. • The subject property is suitable for the uses proposed by this rezoning. Planning Commission and Staff Recommendation (June 4, 2014): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District on Tract 1 and to the "CN-1" Neighborhood Commercial District on Tract 2. a Number of Notices Mailed — 11 within 200' notification area; 9 outside notification area As of June 23, 2014: Z In Favor — 0 (inside notification area); 0 (outside notification area) In Opposition — 1 (inside notification area); 0 (outside notification area) 3 a For 12.86% in opposition. Exhibits: A. Location Map (With Existing Zoning & Notice Area) B. Zoning Exhibit K:\DevelopmentSvcs\S HARE D\ZONING CASES\2013\0614-01 Ayala&Gonzalez=Report\Report for CC_Ayala&Gonzalez,_0614-01.docx N N RS - 6 SP/94- 15 CG- 2 CN- 1 SP/99- Q7 a Q R S " 6 SUBJECT c N- P OPERTY 9 Q 0 _7 RM- 1 4 C N 1 TRACT 1 3 TRACTi2 1 2 / R/.S 6 1 12 CN- 1 M N- 1 CORSjC 5 N — 4 R� R`S - 6 11 6 O M CG - 2 M Q M m � M ~ O R �+ 4 5 M D to T�xreated:,�5/19/2014 0 4b0 800 Q� Prepr�y4'jeremym Feet �Q M De timentlofDevelopmenP ervices CASE: 0614-01 ZONING & NOTICE AREA RM-1 Multifamily 1 IL Light Industrial \ i RM-2 Multifamily 2 IH Heavy Industrial `\p:M-43 �P y RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ON Professional Office 0 RS-10 Single-Family 10 Qy RM-AT Multifamily AT RS-6 Single-Family 6 .4P CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 1, SU-JECaT CN-2 Neighborhood Commercial RS-TF Two-Family j PROPERTY 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 O� Cl Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial RMH Manufactured Home �g X CR-3 Resort Commercial p FR Farm Rural N �p0 H Historic Overlay BP Business Park G Subject Property Owners FM3444 S °��: coq City of with 200'buffer O in favor k- COIPUS 4 Owners within 200'listed on v Owners LOCATION MAP Christi attached ownership table /�in opposition 1Y ��" �i�Y�� � l//Dlii✓�i f �i J 1�r G '' � � pu LU rw W rr �� 1 4w 0 0 rr g' J / w ul CD LL r , / a yyqqr l r, 0 l w U5 '(i l � �r ��� r(;k �// ,Ji,11 '�"� j�lr Ji�i.. i r. � IwA i, ���� I��in✓✓" ,1/ i r �� � �� i� � ��� ai f p1 I"1111 � � �e w`� � N�y � a�����bldri��Wir r � � A ,��qq�� 1 � w�, ���'ry � �il � � � u �r ;r dl�r�11`o��° �� �, �;� �� p eau ��' '' ��" `� �� � l° Sao °0 r ,r�, i ' � � �,,, .�,�" '"�a „,o-�/ �� ' � � ��`f � � lµ/ir�� ����Itlal�i t�r�r�'Ad( -;� � �� ��/�, ,,�m�� �" f � � ���fi;;t�,r, ��� ,r �� U���* (�) � �� ��, r '/iiln„ 'rr"",' .; �r � � � r' '�" .�� � � �a'�� A� �� " �� ���^w�',m / ''� � �i "" Aso'�"' �� �d If' '�" a�"/ � .�� � �� r� yy �� .� � �^ ��"° � � �a r ,� �� � � �rl� �� � � ��� ��� � r�� �� ����� � I ' �� � � � � ,A ��""�Mr , ,, ,,, x� w.� N u W 0 i w � f — N IL '' au l� I r��lei+r 4� J � U �' my"k, AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of July 8, 2014 Second Reading Ordinance for the City Council Meeting of July 15, 2014 DATE: June 6, 2014 TO: Ronald L. Olson, City Manager FROM: Barney Williams, P.E., Interim Director, Development Services Department BarneyW@cctexas.com (361) 826-3595 Rezoning from Residential Estate to Low Density Residential by Mostaghasi Investment Trust Property Address: 829 Caribbean Drive CAPTION: Case No. 0614-02 Mostaghasi Investment Trust: A change of zoning from the "RE" Residential Estate District to the "RS-6" Single-Family 6 District. The property to be rezoned is described as 19.271 Acres out of Lots 12 and 13, Section 50, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of Caribbean Drive approximately 1,900 feet east of Flour Bluff Drive. PURPOSE. The purpose of this rezoning is to develop the property with a 64-lot single-family residential subdivision. RECOMMENDATION: Planning Commission and Staff Recommendation (June 4, 2014): Approval of the change of zoning from the "RE" Residential Estate District to the "RS-6" Single-Family 6 District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning to develop a single-family residential subdivision. The proposed subdivision for Unit 6 will consist of 64 single-family residential lots, ranging from 8,000 square feet to 12,000 square feet in area. The development will be an expansion of the other 5 units in the Highland Oaks subdivision. The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Although the subdivision will border the Navy's Outlying Land Field (NOLF) Waldron with Caribbean Drive, there are no encroachments of any residential unit within the accident potential zones. The subject property will require platting with all infrastructure and public improvements in accordance with the Comprehensive Plan and all with all master plans. The street construction requirement for the two proposed local streets and for the portion of Caribbean Drive will give improved traffic circulation for the area. ALTERNATIVES: Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Flour Bluff Area Development Plan. The rezoning is consistent with the adopted Future Land Use Plan, which slates the property for low density residential use. Although the property is currently zoned for "RE" Residential Estate, which requires 1-acre lots, the rezoning is suited for the proposed uses because connection to the wastewater grid will be completed for this development. The property is not in the southwest quadrant of the Flour Bluff ADP requiring large lot development. The residential subdivision would be an acceptable use as an expansion of the low density residential subdivisions north and south of the property. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Report with Attachments Aerial Overview Map Ordinance amending the Unified Development Code ("UDC"), upon application by Mostaghasi Investment Trust ("Owner"), by changing the UDC Zoning Map in reference to 19.271 Acres out of Lots 12 and 13, Section 50, Flour Bluff and Encinal Farm and Garden Tracts, from the "RE" Residential Estate District to the "RS-6" Single-Family 6 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Mostaghasi Investment Trust ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 4, 2014, during a meeting of the Planning Commission, and on Tuesday, July 8, 2014, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application by Mostaghasi Investment Trust ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on 19.271 Acres out of Lots 12 and 13, Section 50, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of Caribbean Drive approximately 1,900 feet east of Flour Bluff Drive (the "Property"), from the "RE" Residential Estate District to the "RS-6" Single-Family 6 District (Zoning Map No. 037029), as shown in Exhibits "A" and "B." Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor Page 2 of 2 0614-02 Ordinance,Mostaghasi Investment Trust MURWAY BASS, JR., PR,R_P,LS,, 3054 S. ALAMEDA, ZIP 78404 NjxoN M. WELSH, P.E.,RRLS. Ni. 361 SH2-5521— FAx 361 882-1265 www.bass-weish.com C-Mafl: murrayjr@aol.com e-mail: nixmw@aol.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 November 22,2013 13064-M&B.doc STATE OF TEXAS COUNTY OF NUECES § Description of a 19.271 acre tract of land more or less,a portion of Lots 12& 13,Section 50,Flour Bluff and Encinal,Farm and Garden Tracts,a map of which is recorded in Volume"A"Pages 4143,Map Records,Nucces County,Texas,said 19.271 acre tract of land as further described by metes&bounds as follows: BEGINNING at 518"iron rod set at the westemmost comer of Highland Oaks Unit 5,Block 5,Lot 38,a map of is is recorded in Volume 65,Pages 123 & 124,said map records,said beginning point for the northernmost comer of the(met herein described; THENCE along the southwest boundary line of said Highland Oaks Unit 5,Block 5,S61 I 00'00-E 654,99'to a 5/8" iron rod set for the southernmost corner of Highland Oaks Unit 5,Block 5,Lot 47 and being in the northwest right- of-way line of Saint Luke St_ THENCE along said northwest right away line of Saint Luke St.S29,"00'00"W 3.72'to a 518"iron rod found for easterly interior comer of the tract herein described and right-of-way corner of said Saint Luke St, THENCE S61"00'00'T 165.00'to a 518"iron rod found for the easternmost comer of the tract herein described and southernmost comer of said Highland Oaks Unit 5 and being in the northwest boundary line of Highland Oaks Unit 1,a map of which is recorded in Volume 47,Pages 6&7,said map records; THENCE along said northwest boundary line of Highland Oaks Unit I S29°00'0 ' ,at 776.78'pass a 5/8"iran rod found for the westernmost corner of said Highland Oaks Unit 1,Block 3,Lot 78,in all a distance of 1020.78' to a 5/8"iron rod set in the northeast right-of-way line of a 40'wide public road(not open)for the southernmost comer of the tract herein described; THENCE N61 000'00'V 819.99'along said northwest right-of-way line of 40'wide public road(not open),being along a line 20'northeast of and parallel to the southwest boundary line of said Lots 12& 13,to a 5/8"iron rod set for the westemmost comer of the tract herein described in the northwest boundary line of said lot 13; THENCE along said northwest boundary line of Lot 13 N29*00'00"E 1024.50'to the POINT OF BEGINNING. 0 F 01, By Nkon M. Welsh,R.P.L.S. Dij(i*M.WEM e *goo..,, 4 WQ I F 1 10 #KQ U, EXHIBIT 66N2 Page 1 of I Exhibit A T FB & EF & CT, SECTION 50® V. *A', P. 41 — 43® M, R, ANDERSON LAND, LTD. , DQC. NO. . 2 013050321, ROBERT BRYAN JOHNSON, 13, P. R. AND DOC. DIM 2006010155, 0. P. R. 2013050343, O. P, R. LOT 19 T 14 N29" 00' 00'E 1024. 50' LOT 14 IL -- 10-713 LdT 20 L 13T 13 38 39 40 1-5-01 9:1 m 41 z cu • M— (4 a 42 0 m Z 0 <M LLI < 0 cu Of Ld m A O 0& 43 0 Z 44 <y 0 ®!u 0 U m 45 ;0< S29" 00' 00'W 46 r\1 3. 72' -@ 47 LOT 20 T 13 LOT 13 LOT 21 T 12 LOT 12 ST. LUKE ST. 3 20, S61* 00' 18 165. 00' 91 7 7 4 8 1 7 5 4 7 63 0 1 9 736 j(l - 9 401"7 1 483 3 HIGHLAND OAKS UNIT 1® V. 47® P. 6 L 70 M� R. S29000' 00'W 1020. 78' 0 100' 200' 400' bKmJmmmt=====J SCALD 1'= 200' SKETCH TO ACCOMPANY METES ND BOUNDS DESCRIPTION BASS AND WELSH ENGINEERING CORPUS CHRISTI. TX SURVEY REG. NO. 100027-00. TX ENGINEERING REG. O. F-52, FILE EXB—ZONING. JOB NO. 13064, SCALE- I" = 200' PLOT SCALE.- SAME. PLOT DAM 2/27/14. SHEET I OF I Exhibit B PLANNING COMMISSION FINAL REPORT Case No.: 0614-02 HTE No. 14-10000022 Planning Commission Hearing Date: June 4, 2014 Applicant/Owner: Mostaghasi Investment Trust _ •o Representative: Liz Barrera c� CM c� 'Q 4) .7 Legal Description/Location: 19.271 Acres out of Lots 12 and 13, Section c otf o 50, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of Caribbean Drive approximately 1,900 feet east of Flour Bluff Drive. From: "RE" Residential Estate District y To: "RS-6" Single-Family 6 District Area: 19.271 acres 0 Purpose of Request: To develop the property for a 64-lot single-family residential subdivision. Existing Zoning Existing Land Use Future Land Use District Site "RE" Residential Vacant Low Density c� Estate Residential c North RS-6" Single-Family 6 Low Density Low Density •E y Residential Residential Public/Semi- N South "RS-6" Single-Family 6 Public/Semi-Public Public � J y East "RS-6" Single-Family 6 Low Density Low Density ' Residential Residential W "RE" Residential West Estate and "RS-6" Vacant Low Density Single-Family 6 Residential Area Development Plan: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is proposed for cCL 0 residential uses. The proposed rezoning of the property to "RS-6" Single- Family 6 District is consistent with the adopted Future Land Use Plan, a c which slates the property for low density residential uses. Q Map No.: 037029 Zoning Violations: None Transportation and Circulation: The subject property has approximately 0 830 feet of frontage along Caribbean Drive. The proposed subdivision will a require access unto Caribbean Drive, which is a designated as a "Cl" c Minor Residential Collector. Since, the right-of-way is unpaved, 0• construction will be required to improve circulation for Highland Oaks c� subdivision. L Urban Proposed Existing Traffic p Street Transportation Plan Section Section Volume d Type L Caribbean C1 Minor Residential 60' ROW 75' ROW N/A Cn Drive Collector 40' paved Un-paved Staff Summary: Requested Zoning: Requested Zoning: The applicant is requesting a rezoning from the "RE" Residential Estate District to the "RS-6" Single-Family 6 District for a residential subdivision. Development Plan: The owner plans to develop the 19.271-acre property for a single- family residential subdivision. The development be an expansion of the other 5 units in the Highland Oaks subdivision. The proposed development plan for Unit 6 will consist of 64 single-family residential lots, ranging from 8,000 square feet to 12,000 square feet in area. The minimum development standards for the "RS-6" Single-Family 6 District are 6,000 square foot lots, 50-foot lot width and 25-foot front yard setbacks. The development plan proposes two local streets with access to Caribbean Drive, which is an unpaved right-of-way. Street dedication and construction for the local streets and Caribbean Drive frontage will be a platting requirement as well as meeting infrastructure requirements of all master plans. Existing Land Uses & Zoning: The subject property, zoned "RE" Residential Estate District contains 19.271 acres of vacant land. North and east of the subject property is a developed residential neighborhood, Unit 1 and Unit 5 of Highland Oaks subdivision. Both units are zoned "RS-6" Single-Family 6 District. West of the subject property is vacant land zoned "RE" Residential Estate District and "RS-6" Single-Family 6 District. South of property along Caribbean Drive is Waldron's Navy Outlying Land Field (NOLF) and zoned "RS-6" Single-Family 6. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Although the subdivision will border the Navy's Outlying Land Field (NOLF) Waldron with Caribbean Drive, there are no encroachments of any residential unit within the accident potential zones. Southern portions of the subdivision will have day/night average sound level (DNL) noise exposure of 60-65 decibels. Plat Status: The subject property will require platting with all infrastructure and public improvements in accordance with the Comprehensive Plan and all with all master plans. Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject property is located within the boundaries of the Flour Bluff Area Development Plan. The rezoning is consistent with the adopted Future Land Use Plan, which slates the property for low density residential use. Although the property is currently zoned for "RE" Residential Estate, which requires 1-acre lots, the rezoning is suited for the proposed uses because connection to the wastewater grid will be completed for this development. The property is not in the southwest quadrant of the Flour Bluff ADP requiring large lot development. The residential subdivision would be an acceptable use as an expansion of the low density residential subdivisions north and south of the property. The Comprehensive Plan and Flour Bluff ADP both encourage the residential development. Department Comments: • The proposed rezoning is consistent with the Future Land Use Plan. • The proposed rezoning is compatible with the present zoning and conforming uses of nearby properties and to the character of the surrounding area. • This rezoning does not have a negative impact upon the surrounding neighborhood. • The subject property is suitable for the uses proposed by this rezoning. Planning Commission and Staff Recommendation (June 4, 2014): Approval of the change of zoning from the "RE" Residential Estate District to the "RS-6" Single-Family 6 District. c Number of Notices Mailed — 61 within 200' notification area; 2 outside notification 0 area As of June 6, 2014: Z In Favor — 0 (inside notification area); 0 (outside notification area) In Opposition — 0 (inside notification area); 0 (outside notification area) 3 n a For 0.00% in opposition. Exhibits: A. Location Map (With Existing Zoning & Notice Area) B. Development Plan K:\DEVELOPMENTSVCS\SHARED\LEGISTAR\2014 CC AGENDA ITEMS\7-8-2014\0614-02 MOSTAGHASI INVESTMENT\0614-02 REPORT FOR CC_MOSTAGHASI INVESTMENT TRUST.DOCX �C �WW1 r � r w 4 �w,,u K, �,�R i�r N i uzn �k" �! d,� y; �,, u �'�, �,`„� � � � .�� r � ,�� � � j w +�, �iT b {� r �� � f, +�. ��ii,�; „�� Y+l�e Iw t� 'S p �' n �" � , �: r r�� � ,� �:3�' wr v :y �� A�, ,r VA,. �', ��l �� "'; r r� •�CC '' ^��'1 �� W �� fP ��; Y� a,l u!, �, ���, �I ���w�: '! /, r K, r � U Fli Y {3 O U m a � —� la ,t W S 1 tl .,..� 2-1-1--1} ..��i f '� ......L...... v i I M S 1 , n T I � �R ° � Y y JM W ! ]rJ� ii hl �1 ! d, � �'��,43 -_ .. r. ..... rt ......�. I t f K Iry �ef 1 {ry C 1 P ....... Y ' I. u I.. I .I k i �� i F •FYI — i i i a �, a a w it a � a .I. ... .....7. r W .. ! �Ie YL a tI � I , � k ... r d AGENDA MEMORANDUM oaPOwR ko Future Item for the City Council Meeting of July 8, 2014 2852 Action Item for the City Council Meeting of July 15, 2014 DATE: July 8, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager christelam Qcctexas.corn (361) 826-3169 Jim Davis, Director of General Services jimd _cctexas.com (361)-826-1909 Lawrence Mikolajczyk, Director of Solid Waste Operations lawm _cctexas.com (361) 826-1972 Appropriating Funds for the repair of wrecked CNG Refuse Truck _J CAPTION: Ordinance appropriating a total of $99,526.64 for the repair of one (1) wrecked CNG refuse truck by Heil of Texas, San Antonio, TX, based on sole source; appropriating $50,405.45 of revenue from insurance proceeds in the No. 5110 Fleet Maintenance Services Fund; appropriating $49,121.19 from the unreserved fund balance in the No. 5110 Fleet Maintenance Services Fund; and changing the operating budget adopted by Ordinance No. 029915 by increasing revenue by $50,405.45 and expenditures by $997526.64. PURPOSE: Once repaired, the refuse truck will be placed back in service by Solid Waste Operations. BACKGROUND AND FINDINGS: The vehicle was involved in a roll-over accident. It is a CNG-powered Peterbilt refuse truck with a Heil packer body that originally cost $296,375.00. ALTERNATIVES: None. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTALCLEARANCES: General Services, Solid Waste Operations FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures Future 2014 (CIP only) Current Year Years TOTALS Line Item Budget $7,905,082.15 $0 $7,905,082.15 Encumbered / Expended Amount $3,518,414.05 $0 $3,518,414.05 This item $99,546.64 $0 $99,546.64 BALANCE $4,287,121.46 $0 $4,287,121.46 Fund(s): Maintenance Service Fund and Maintenance Services Unreserved Fund Balance Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION CNG REFUSE TRUCK REPAIR BUYER - GERALD GOODWIN SOLE SOURCE Heil of Texas San Antonio, TX UNIT TOTAL ITEM DESCRIPTION QTY I UNIT PRICE PRICE Repair of wrecked Unit#1775: 1 Chassis parts 1 lot $65,830.31 $65,830.31 2 Chassis labor 1 lot $12,940.56 $12,940.56 3 Body parts & labor 1 lot $20,755.77 $20,755.77 TOTAL: $99,526.64 Page 1 of 1 Ordinance appropriating a total of $99,526.64 for the repair of one (1) wrecked CNG refuse truck by Heil of Texas, San Antonio, TX, based on sole source; appropriating $50,405.45 of revenue from insurance proceeds in the No. 5110 Fleet Maintenance Services Fund; appropriating $49,121.19 from the unreserved fund balance in the No. 5110 Fleet Maintenance Services Fund; and changing the operating budget adopted by Ordinance No. 029915 by increasing revenue by $50,405.45 and expenditures by $99,526.64. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. A total amount of $99,526.64 is appropriated for the repair of one (1) wrecked CNG refuse truck by Heil of Texas, San Antonio, Texas, based on sole source, as follows: $50,405.45 of revenue from insurance proceeds is appropriated in the No. 5110 Fleet Maintenance Services Fund; and $49,121.19 from the unreserved fund balance is appropriated in the No. 5110 Fleet Maintenance Services Fund. This refuse truck is to be used by Solid Waste Operations. Section 2. The FY2013-2014 Operating Budget adopted by Ordinance No. 029915 is changed by increasing revenues by $50,405.45 and expenditures by $997526.64. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20147 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Jr. Lillian Riojas Priscilla G. Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20147 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Jr. Lillian Riojas Priscilla G. Leal Mark Scott David Loeb Page 2 of 2 PASSED AND APPROVED on this the day of 2014 ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor US 0 _ AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting July 8, 2014 18..52 Second Reading Ordinance for the City Council Meeting July 15, 2014 DATE: June 11, 2014 TO: Ronald L. Olson, City Manager FROM: Barney S. Williams, P.E., Interim Director, Development Services Barneywp_cctexas.com (361) 826-3595 Ordinance amending Part III, Chapter 2, Article IV, Division 18, Section 2-204 of the City Code of Ordinances regarding the Landmark Commission duties and membership. CAPTION: Ordinance amending the City Code of Ordinances regarding the Landmark Commission Duties and Membership PURPOSE: The purpose of this amendment is to reduce the membership from fifteen (15) members to eleven (11) members, reducing the number of required specialty positions and updating the current language to reflect the Unified Development Code (UDC). BACKGROUND AND FINDINGS: The Landmark Commission was established in 1987 as part of the City of Corpus Christi becoming the first designated Certified Local Government (CLG) by the Texas Historical Commission (THC). Since that time, the Landmark Commission has been part of many programs both local and state initiated. However, over the past year, meeting a quorum has been an increasing issue. The current Landmark Commission has reviewed its structure and recommended to eliminate duplicate positions. The restructuring will not only ensure a quorum as an attainable occurrence, but also by reducing the number of specialty positions will improve the ability to fill vacancies in a timely manner. ALTERNATIVES: Do not approve the amendment and keep the original language concerning the Landmark Commission. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: City Council must approve all changes to duties and memberships for Boards and Commissions. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): RECOMMENDATION: Staff recommends approval of the text amendment. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending the Code of Ordinances regarding the Landmark Commission duties and membership. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That Part III, Chapter 2, Article IV, Division 18, Section 2-204 of the City Code of Ordinances regarding the establishment, composition, appointment, and terms of members of the Landmark Commission, is amended to read as follows: Sec. 2-204. Establishment; composition; appointment and terms of members. The city council shall be responsible for the appointment of members to the landmark commission from resumes on file in the city secretary's office. Such persons shall be nominated by individual city council members and appointed by a majority vote of the council. In so far as possible, the numerical composition of the commission shall correspond to the ethnic, gender, and economic distribution of the city according to the last federal census report. All members shall have knowledge and experience in either the architectural, archaeological, cultural, social, economic, ethnic or political history of Corpus Christi. No one occupation or professional interest shall constitute a majority membership of the commission. Such membership shall be composed of fifteeR 5) eleven (11) members. Of that total, a representation of the following competences shall be appointed as members to the commission: Two (2) historians, +w one 1 licensed real estate salespersons, +w one 1 registered architects, one (1) structural or civil engineer, t w e (2) histeFy teaGheF , one (1) person knowledgeable in title search and/or property surveyor, and five (5) Ather regular members, totaling fifteeR 5) eleven (11) members. Members shall serve a three-year term and a maximum of two (2) consecutive terms. Vacancies of an unexpired term shall be filled by an appointment received from the city council for the remainder of the term. In addition to the fifteeR 5) eleven (11) members, the director of planning or his/her appointee shall serve as a non-voting, ex- officio member and provide staff services to the commission. The chairperson, vice-chairperson and other offices as may be prescribed shall be elected by a majority vote of the commission members. Section 2. That Part III, Chapter 2, Article IV, Division 18, Section 2-206 of the City Code of Ordinances regarding the quorum and voting guidelines of the Landmark Commission, is amended to read as follows: Sec. 2-206. Quorum; voting guidelines. The landmark commission shall meet at least once a month unless a quorum is not present. Additional meetings may be called by the chairperson or by petition with a simple majority vote of the commission. nl Six 6 voting members shall be present to constitute a quorum. Any action taken on an item with the minimum quorum present shall be decided by an affirmative vote not less than five (5) members. Whenever more than „ �,e (9) six 6 members are present, action on an item shall be decided by a majority vote. However, action on a request by the property owner(s) to demolish, exteriorly change, or remove property (see Zeninn nrdinon^o co^+innc 22—A-2 i 22-A-9 Unified Development Code, subsections 3.15 and 3.16) which is listed on the preservation plan shall only be granted by a favorable vote of three-fourths of all of the landmark commission members. Section 3. That Part III, Chapter 2, Article IV, Division 18, Section 2-207 of the City Code of Ordinances regarding the meetings and public hearings of the Landmark Commission, is amended to read as follows: Sec. 2-207. Meetings and public hearings. Notice of commission meetings are governed by Article 6252-17, V.T.S. (Open Meeting Law). The commission may advertise its meetings and agenda as funds permit. However, a public hearing on an application for exterior changes (see '^Ring nrdin^n^^, 0o^+inn 2 Unified Development Code, subsections 3.15) and/or demolition/removal (see Zeninn nr .inon^o So^+inn 28A 9 Unified Development Code, subsections 3.15) of a L40,2 ”-H" Historic Overlay designated property or a designated landmark on the preservation plan shall require a public notice be advertised once in the official local newspaper, seven (7) days prior to the hearing date. Such notice shall be prepared by the ex officio member, and shall include a summary of the subject application, the date, time and location of the public hearing. Additionally, notices on the subject item should be mailed by the ex officio member seven (7) days or earlier of the scheduled hearing to any property owners whose property has both L40,2 "-H" Historic Overlay designation and is within two hundred (200) feet of subject property. If a quorum is not present for an advertised public hearing, then members present, but not less than two (2), may reset such public hearing to a date not more than ten (10) days after the present hearing. Any rescheduled public hearing shall be advertised and adjacent owners notified as originally required. Section 4. That Part III, Chapter 2, Article IV, Division 18, Section 2-208 of the City Code of Ordinances regarding absences of the Landmark Commission, is amended to read as follows: Sec. 2-208. Absences loco +hon fifty (50) per ^on+ of the c^hed ded agenda items �.�z�y�v°TPc�rc Refer to Part III, Chapter 2, Article IV, Division 1, 2-61 of the City Code of Ordinances. Section 5. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. Section 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2014, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Rlojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2014, 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 12014. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor US 0 _ AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of July 8, 2014 18..52 Second Reading Ordinance for the City Council Meeting of July 15, 2014 DATE: 6/26/2014 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health AnnetteR@cctexas.com 361-826-7203 Texas Medicaid Managed Care Initiative -1115 Waiver Community Paramedicine Program (CPP) Approval of grant award and appropriation of funds CAPTION: Ordinance appropriating $500,000 from the unreserved fund balance in the No. 1020 General Fund to implement the Community Paramedicine Program under the Corpus Christi — Nueces County Public Health District's 1115 Transformation Waiver; changing the FY 2013-2014 operating budget adopted by ordinance No 029915 by increasing expenditures by $5007000. PURPOSE: The TX HHSC/CMS Delivery System Reform Payment (DSRIP) will allow the Corpus Christi/Nueces County Public Health District (CCNCPHD), in close collaboration with the Corpus Christi Fire Department (CCFD) Emergency Medical Services (EMS), to implement a Community Paramedicine Program (CPP) in Nueces County as an expanded scope of practice which will increase access to primary/specialty care and provide preventative care, reducing inappropriate hospital utilization and Emergency Medical Services (EMS) (911 system) for non-emergent medical needs leaving EMS and Emergency Departments (ED) to handle emergent patient/community needs. BACKGROUND AND FINDINGS: Centers for Medicare and Medicaid (CMS) recently approved the State's request for a new Medicaid demonstration waiver entitled "Texas Healthcare Transformation and Quality Improvement Program" in accordance with section 1115 of the Social Security Act. Texas Medicaid Managed Care Initiative also referred to as the "1115 Waiver". This waiver authorizes Texas to establish a DSRIP program. Initiatives under the DSRIP program are designed to provide incentive payments to hospitals, public health departments, behavioral health centers, as well as other eligible providers, to invest in delivery system alternatives that increase access to health care, improve the quality of care, and enhance the health of patients and families served. In Fiscal Year (FY) 2012, CCFD- EMS responded to 34,736 medical calls and transported approximately 21,600 patients to local hospitals within Nueces County. An estimated 80% (27,789) of these calls/transports were generated as a result of the patient needing access to primary/specialty health care, not due to an immediate life threatening emergency. This project would increase access to primary/specialty care for individuals who reside in the rural areas of Nueces County and patients in the City of Corpus Christi with limited or inadequate access to care. The County does not currently have a mobile monitoring program for EMS-CCFD or ED patients other than records of recurring EMS calls and transports to ED. The goal of this project is to reduce the utilization of the EMS system for non-emergent health care needs. ALTERNATIVES: To not implement a Community Paramedicine Program in this area. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council approval required for appropriation of $500,000 from the unreserved fund balance in the 1020 general fund. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Finance-Federal Grants and office of management and budget FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures Future 2014 (CIP only) Current Year Years TOTALS Line Item Budget 0 $365,000 $365,000 Encumbered / Expended Amount 0 0 0 This item $500,000 0 $500,000 BALANCE 1 $500,000 1 $365,0001 $865,000 Fund(s): 1020 unreserved fund Comments: A matching Intergovernmental Transfer (IGT) is required at approximately a 42%/58% ratio to in order to receive DSRIP funds. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance CMS Award Letter Timeline Ordinance appropriating $500,000 from the unreserved fund balance in the No. 1020 General Fund to implement the Community Paramedicine Program under the Corpus Christi — Nueces County Public Health District's 1115 Transformation Waiver; changing the FY 2013-2014 operating budget adopted by ordinance No 029915 by increasing expenditures by $500,000. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That $500,000 is appropriated from the unreserved fund balance in the No. 1020 General Fund to implement the Community Paramedicine Program under the Corpus Christi — Nueces County Public Health District's 1115 Transformation Waiver. Section 2. That the FY 2013-2014 operating budget adopted by ordinance No. 029915 is changed by increasing expenditures by $500,000. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20147 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 , 20147 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 , 2014. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor u J o .O � V •� O � U a� V +r Vl �y � Gl v C o Q 3 d Ol - W W CA N C +� W d V O N � O m Ln co cr O u Q N u" d OO 3 y ....... N U _............_ V ..................... L W � m m fa � r� m � +' m - Q o c rL ru a Ln � •� -ztrn o -u } LLI Dmo � z DC0 C o L oA N — 4C-: r� c a� +, � - W -=o - U L (6 L N 0 en 41- N (f6 w Ln CV 0 C " r,4 i ate+ 0 d (6 C IIII�III •Q � o L L IIII ^� //, QVIIII�llllllllllllllllllll �ll Ln (6 .w O O VI �+ V U pI�OIIIII�IIIIIII�OVp�III Mm�'Y rl +' Q U f(6 N N � /� #I�I�\I1I1�um,OV�����ll�lll���ll��lllll4 �1114W Q) 2\ { > ....................... ....................................................................................................................................... � \ / \ Ln ...................... =. . . . . . . . . . ............. w.. . . . . . . . . C11 b.0 V ' { E 0 V) 0 m CL 2 CL CL o um --�.......................... MU 0.) m C'I U -L' -T E E C,6 \ ƒE w Z C11 . . . \/ 20 ƒ )2 u -0 0 m -0 DEPARTMENT OF HEALTH&HUMAN SERVICES Centers for Medicare&Medicaid Services 7500 Security Boulevard,Mail Stop:52-01-16 Baltimore,Maryland 21244-1850 ax�as wR 1�EAIWR b xevKa CENM FOR MEllCUD i CHIP SERVICES Children and Adults Health Programs Group MAY 2 12014 Kay Ghahremani State Medicaid Director Texas Health and Human Services Commission F.O. Box 13247 Austin,TX 78711 Dear Ms. Ghahremani: This letter provides the Centers for Medicare&Medicaid Services(CMS)approval of three-year project additions to the Regional Healthcare Partnership(RHP)4 plan that were submitted to CMS on May 2,2014 as part of the state's Delivery System Reform Incentive Payment(DSRIP) Pool,authorized under the state's 1115 demonstration,entitled Texas Healthcare Transformation and Quality Improvement Program(Project Number 1 I-W-00278/6). In accordance with the expectations set forth in the demonstration's Program Funding and Mechanics(PFM) Protocol,the state reviewed all projects and identified potential issues for further review by CMS. CMS' 45-day review process focused on ensuring that the state followed its process correctly. These review findings do not alter the responsibility of the state or the RHP to comply with all federal program integrity and funding requirements of the Medicaid program,the demonstration's special terms and conditions(STCs), or the accompanying protocols,the PFM protocol(attachment J of the STCs)and the RHP Planning Protocol(attachment I of the STCs). All 6 of RHP 5's three-year DSRIP projects submitted by the state have been initially approved. The list of approved projects is enclosed. These providers may now begin receiving DSRIP payments for demonstration years(DY) 3 for the DSRIP project approved in this letter,provided they show documented achievement of the milestones described in their plan, in accordance with the requirements set forth in the DSRIP PFM Protocol. Three-year DSRIP projects that were submitted by providers by December 31,2013 but not approved by the state are not approved at this time. As described in paragraph 18 of the PFM protocol,these providers will have a one-time opportunity to revise their projects for a secondary review by the state and its independent assessor. In addition,all three-year projects are subject to review by the state's independent assessor during the DSRIP mid-point assessment,as described in paragraph 19 of the PFM protocol. Your CMS point of contact is Dr. Paul Boben. He is available to answer any questions concerning your section 1115 demonstration. Dr. Boben's contact information is as follows: Page 2—Ms. Kay Ghahremani Centers for Medicare&Medicaid Services Center for Medicaid&CHIP Services Division of State Demonstrations and Waivers 7500 Security Boulevard Mail Stop: S2-01-16 Baltimore, MD 21244-1850 Telephone: (410)786-6629 Facsimile: (410) 786-8534 E-mail: paul.boben @cros.hhs.gov Official communications regarding program matters should be sent simultaneously to Dr. Boben and to Mr. Bill Brooks,Associate Regional Administrator in our Dallas Regional Office. Mr. Brooks' address is: Bill Brooks Centers for Medicare&Medicaid Services 1301 Young St. Suite 714 Dallas,TX 75202 Telephone: (214)767-4461 E-mail: Bill.Brooks @cros.hhs.gov If you have questions regarding this approval,please feel free to contact me or either of the contacts listed above. Sincerely, J Diane T. Gerrits Director Division of State Demonstrations and Waivers Enclosures cc: Bill Brooks,Associate Regional Administrator,Region VI Attachment— CMS Review of Revisions for Regional Healthcare Partnership (RHP) 4 Overview As described in the accompanying letter, CMS conducted its 45-day review of three-year DSRIP projects accordance with paragraph 15.a of the Texas 1115 demonstration Program Funding and Mechanics(PFM)protocol. The results of CMS's review are described below for the three-year DSRIP project additions to the RHP 4 plan submitted May 2,2014. Table I -Initially approved projects The following 6 three-year category 1 and 2 projects,submitted by the state May 2,2014,are initially approved and may begin claiming DSRIP funding for documenting achievement of the specified milestones in accordance with the requirements set forth in the PFM protocol. For demonstration year(DY) 3 CMS is initially approving a total of$2,968,816. Approval for DY 4 and 5 is contingent on the mid-point assessment,as described in paragraph 18 of the PFM protocol. i 121785303.1.100 1,72 Gonzales Healthcare Implement � p remote patient $8,470 Systems monitoring programs for diagnosis and/or management of care-,..Continuous Glucose Monitoring 130958505.1.100 I, ,2 Corpus Christi-Nueces Establish expand access to $865,5,p County Public Health medical advice and direction to District the appropriate level of care to reduce Emergency Department use for non-emergent conditions and increase patient access to health care 137907508.1.100 1.1' ,1 Citizens Medical Center Develop Extended Observation $720,000 Unit for behavioral health crisis c stabilization as an alternative to j hospitalization 137907508.1.101 1.9.2 Citizens Medical Center Improve access to specialty $720,000 care 138305109.2.100 2.9.1 MHMii ofNueces Provide navigation services to $334,118 County targeted patients who are at high risk of disconnect from institutionalized health care(for example,patients with multiple chronic conditions,cognitive impairments and disabilities, Attachment— CMS Review of Revisionsfor Regional Healthcare Partnership (RHP) 4 jai, �p'n'rid 01"' r(��( d °ei f n;�f mr° d N '�� � i 1i r+� �� nifa ,q4 �d)V„ai P 1!'i,:;1✓' r2 r/�i o;;'(P �{µ p J+ if � r rW'� ���` �lY� � )✓!� ��� r t��� �� 1 � � �� �y �i �r „i i��n l �"�1�� I I' .Irk'".✓� ;�r�fti��r�r;; �lw,1� ��rf ,i� n� ,w f „a, � p�A��V.� ;i�a r rr, � ,, � � i,i ,,,r; !G' >Y4��'^'V Limited English Proficient patients,recent immigrants,the uninsured,those with low health literacy,frequent visitors to the ED,and others) -Ili 8305109.1.100 1.12.2 MHMR ofNueces Expand the number of $321,228 County community based settings where behavioral health services may be delivered in underserved areas N Total 52,968;815 Als C, AGENDA MEMORANDUM � µ First Reading Ordinance for the City Council Meeting of July 8, 2014 1852 Second Reading for the City Council Meeting of July 15, 2014 DATE: June 11, 2014 TO: Ronald L. Olson, City Manager FROM: Barney Williams, P.E., Interim Director, Development Services Department BarneyW @cctexas.com (361) 826-3595 Closing a 1,226-square foot portion of a 5-foot wide utility easement out of a part of Lots 8-10, Blk. 40, Bluff Portion Subdivision CAPTION: Ordinance abandoning and vacating a 1,226-square foot portion of a 5-foot wide utility easement out of a part of Lots 8-10, Blk. 40, Bluff Portion Subdivision, located south of the Leopard Street public right-of-way, and east of the North Staples Street public right- of-way; and requiring the owner, Regional Transportation Authority (RTA), to comply with the specified conditions. PURPOSE: The purpose of this item is to eliminate a utility easement and allow for the future development of the subject property. BACKGROUND AND FINDINGS: Regional Transportation Authority (Owner) is requesting the abandonment and vacation of a 1,226-square foot portion of a 5-foot wide utility easement out of a part of Lots 8-10, Blk. 40, Bluff Portion Subdivision, located south of the Leopard Street public right-of- way, and east of the North Staples Street public right-of-way. The abandonment and vacation of the utility easement is being requested by the Owner in order to allow for the development of the subject property. Staff recommends that the Owner pay the fair market value of $2,025.00 for the abandonment and vacation of the utility easement. The owner has been advised of and concurs with the specified conditions of the Ordinance in regards to the easement recording and filing of the ordinance. The Owner must also comply with all the specified conditions of the abandon and vacate ordinance within 180 days of Council approval. ALTERNATIVES: Denial of the utility easement closure. This will, however, adversely impact the Owner's ability to move forward with future development of the subject property. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: These requirements are in compliance with the City Code of Ordinances, Section 49-12 and Section 49-13. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies had any facilities, or objections regarding the proposed utility easement abandonment. FINANCIAL IMPACT: ❑ Operating o Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $2,025.00 BALANCE 1 1 $2,025.001 1 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the easement closure. The Owners must comply with all the following specified conditions of the easement closure ordinance: a. Owner is required to pay the fair market value fee of $2,025.00 for the abandonment and vacation of the 1,226-square-foot portion of a 5-foot-wide utility easement out of Lots 8-10, Blk. 40, Bluff Portion Subdivision. b. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. c. Prior to the approval of the building permit and the permitting of any construction on the affected property, the Owners must submit up-to-date surveys, abstracted for all easements and items of record, to the Director of Development Services, or his designee. d. Owners must comply with all specified conditions of the ordinance within 180 days of City Council approval. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Ordinance abandoning and vacating a 1,226-square foot portion of a 5-foot wide utility easement out of a part of Lots 8-10, Blk. 40, Bluff Portion Subdivision, located south of the Leopard Street public right- of-way, and east of the North Staples Street public right-of-way; and requiring the owner, Regional Transportation Authority (RTA), to comply with the specified conditions. WHEREAS, Regional Transportation Authority ("Owner") has requested the abandonment and vacation of a portion of a 5-foot wide utility easement out of Lots 8- 10, Blk. 40, Bluff Portion Subdivision; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 1,226-square foot portion of a 5-foot wide utility easement, subject to compliance by the Owners with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of Regional Transportation Authority, ("Owner"), a 1,226-square foot portion of a 5-foot wide utility easement out of Lots 8-10, Blk. 40, Bluff Portion Subdivision, located south of the Leopard Street public right-of-way, and east of the North Staples Street public right-of-way, as recorded in Volume A, Pages 2-3, of the Official Deed and Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a metes and bounds description of the subject portion, and Exhibit "B," which is a field notes map, are attached to and incorporated in this ordinance by reference as if each were fully set out herein in their entireties. SECTION 2. The abandonment and vacation of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. Owner is required to pay the fair market value fee of $2,025.00 for the abandonment and vacation of the 1,226-square-foot portion of a 5-foot-wide utility easement out of Lots 8-10, Blk. 40, Bluff Portion Subdivision. b. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. c. Prior to the approval of the building permit and the permitting of any construction on the affected property, the Owners must submit up-to-date surveys, abstracted for all easements and items of record, to the Director of Development Services, or his designee. d. Owners must comply with all specified conditions of the ordinance within 180 days of City Council approval. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor 1,226 SQUARE FOOT EASEMENT AS RECORDED IN VOLUME 268, PAGE 363 A 1,226 SQUARE FOOT TRACT OF LAND OUT OF LOTS 8,9 AND 10, BLOCK 40 OF THE BLUFF PORTION SUBDIVISION PLAT AS RECORDED IN VOLUME A,PAGES 2-3,MAP RECORDS, NUECES COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNlING at a found drill hole on the east right-of-way line of North Staples Street marking the southwest corner of said Lot 8,Block 40 of the Bluff Portion Subdivision Plat as recorded in Volume A,Pages 2-3, Nueces County,Texas for the POINT OF BEGINNING and a corner for the herein described tract; THENCE North 00°36'24"East, with said west right-of-way line,a distance of 5.00 feet to a calculated point for a comer of the herein described tract; THENCE South 89°23'36"East,departing said right-of-way line,parallel with and 5.0 feet perpendicular distance from the south line of said Lot 8,Block 40,a distance of 145.20 feet to a calculated point on a common lot line between Lots 5 and 8,Block 40 for a corner of the herein described tract; THENCE South 00°36'24"East,with said common lot line between Lots 5 and 8 and the common lot lines between Lots 4 and 9 and Lots 3 and 10,Block 40,a distance of 105.00 feet to a calculated point marking a common corner for the southwest corner of said Lot 3 and the southeast corner of said Lot 10,Block 40,for a comer of the herein described tract; THENCE North 89°23'36"West,with the south line of said Lot 10,a distance of 5.00 feet to a calculate point for a corner of the herein described tract; THENCE North 00 036'24"East,parallel with and 5.0 feet perpendicular distance from the east line of said Lots 9 and 10, Block 40 of the Bluff Portion Subdivision Plat,a distance of 100.00 feet to a calculated point on the aforementioned south line of Lot 8,Block 40 for a corner of the herein described tract; THENCE North 89°23'36"West,with said south line of Lot 8,a distance of 140.21 feet to the POINT OF BEGLNNLN. G and containing 0.03 acre or 1,226 square feet of land. NOTE:ALI,BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM FOR THE LAMBERT SOUTH 7,ONF,NAD 1983 (CORS 96)EPOCH 2002. L Stacey Ki Md ,RPLS tti--- rt �P' PISTE s• Registered Professional Land Surveyor ��• �� A RFo tP Texas Registration No. 6166 * L� ;t Naismith Engineering,Inc. ST ......A CE.. G h'ORA TBPE F 4355 TBPLS#100395-00 % 6160 .� Date- 7 ---- — S:\8807-06 PLATTING\WATER AND GAS EASEMENT EXHIBIT A.doa 10F 1 EXHIBIT A Z z� > m± Cis= 28 z n.� �• En u Z. c G >� m V ^ oqj Ifv wY x P ` =aa a :�_ z v C W ro �? UZ ac. z co mz o y Zz y J� 25i N LL a z vi ?O "Z:Z w p s �� LL CL z� i cV iu �Z s_ C�� �U _ �a` om- z c i u z o o _o r�- oo?c xC 2 U �CQ` X02 z v Ln �I Q Cl) OO 90. M PZ,9LOOS Uz � E- J 06 W a U OOOG, B.tZ,9E,oON Z W YQv, cocOZ i " c W O o _ v N N l'�:f7 x Y Z Ln �CQ:i I Z Q f U N M T oo N Zi co as N > Z 3 Y, •91 07 13381S S31dVIS HiHON EXHIBIT B US 0 ITITITIT AGENDA MEMORANDUM First Reading Ordinance Item for the City Council Meeting of July 8, 2014 Second Reading Ordinance for the City Council Meeting of July 15, 2014 xs DATE: 6/16/14 TO: Ronald L. Olson, City Manager FROM: Barney Williams, P.E., Interim Director, Development Services BarneyW@cctexas.com (361) 826-3595 Approval of agreement to reimburse Groomer Seafood of San Antonio, Inc., for the construction of a distribution main extension line CAPTION: Ordinance authorizing the City Manager or designee to execute a Distribution Main Extension Construction and Reimbursement Agreement ("Agreement") with Groomer Seafood of San Antonio, Inc. ("Developer'), up to $49,992.25 for the City's share of the costs incurred by Developer to extend an 8-inch distribution waterline on Surfboard Avenue in accordance with the Agreement. PURPOSE: Developer is required to install 560 linear feet of 8-inch water distribution mainline to provide adequate water to a proposed development. The site is located on the east side of State Highway 181, on the corner of East Causeway Boulevard and Treasure Avenue. BACKGROUND AND FINDINGS: Per Section 8.5.1.0 Credits and Reimbursements of the Unified Development Code ("UDC"), Developer is requesting an Agreement for the development of Lot 2R, Block 78, Brooklyn Addition, as shown on the final plat. The subdivision is located on the east side of State Highway 181, on the corner of East Causeway Boulevard and Treasure Avenue. Developer is required to install 560 linear feet of waterline to provide adequate water service to subject property. Three hundred and sixty-seven (367) linear feet of the proposed waterline needs to be oversized in order to provide adequate water volume, pressures and fire flows to property. A portion of the waterline improvements is to provide adequate water supply to this area. The subject property will be served by a proposed 8-inch PVC waterline which will connect to an existing 8—inch waterline. A layout of existing and proposed improvements is included in Exhibit 3. ALTERNATIVES: Disapproval of the Reimbursement Agreement. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Developer will be extending a water distribution mainline to serve the proposed development and has requested reimbursement as permitted under the Unified Development Code. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not Applicable Project to Date Fiscal Year: 2013- Expenditures Future 2014 (CIP only) Current Year Years TOTALS Line Item Budget $100,000.00 $50,000.00 $125,000.00 $275,000.00 Encumbered / Expended Amount This item 1 $49,992.25 1 $0.001 $0.001 $49,992.25 BALANCE $50,007.75 $50,000.00 1 $125,000.00 $225,007.75 Fund(s):CIP Comments: RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Agreement- Distribution Waterline Construction and Reimbursement Agreement ORDINANCE AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A DISTRIBUTION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT ("AGREEMENT") WITH GROOMER SEAFOOD OF SAN ANTONIO, INC., ("DEVELOPER"), UP TO $49,992.25 FOR THE CITY'S SHARE OF THE COSTS INCURRED BY DEVELOPER TO EXTEND AN 8- INCH DISTRIBUTION WATERLINE ON SURFBOARD AVENUE, IN ACCORDANCE WITH THE AGREEMENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute a Distribution Main Extension Construction and Reimbursement Agreement with Groomer Seafood of San Antonio, Inc., ("Developer"), to reimburse Developer for the City's share of the costs properly incurred by the Developer under the Agreement to construct and extend an 8-inch distribution waterline on Surfboard Avenue for development of Lot 2R, Block 78, Brooklyn Addition, 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 , 20147 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 , 20147 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 , 2014 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor DISTRIBUTION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Water Distribution Main Extension Construction and Reimbursement Agreement ("Agree- ment") is entered into between the City of Corpus Christi ("City"), a Texas home-rule munici- pality, and Groomer (also known as Groomer's) Seafood of San Antonio, Inc., ("Developer/Owner"), a Texas corporation company. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a administrative plat, approved by the Planning Commission on January 24, 2014 to develop a tract of land, to wit: approximately 0.596 acres known as Lot 2R, Block 78 Brooklyn Addition, located on the east side of State Highway 181, on the corner of East Causeway Boulevard and Treasure Avenue as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the distribution main extension ("Distribution Main Extension"); WHEREAS, it is to the best interest of the City that the Distribution Main Extension be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.1.C.2. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when certain funds become fully available in the Distributions Main Trust Fund and are appropriated by the City Council, or from other applicable funds otherwise authorized by City Council; and WHEREAS, the Developer/Owner has submitted an application for reimbursement of the costs for installing the Distribution Main Extension, as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION. Developer/Owner shall construct the Distribution Main Extension in compliance with the City's UDC, the City's Infrastructure Design Manual, and all local, state and federal laws, codes and regulations, in accordance with the plans and specifications submitted to the City's Development Services Department and reviewed and approved by the City's Development Services Engineer. 2. PLANS AND SPECIFICATIONS. a. Developer/Owner shall contract with a professional engineer registered and licensed in the State of Texas, acceptable to the City's Development Services Engineer, to prepare and seal plans and specifications for the Distribution Main Extension, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the design in conformance with the City's Infrastructure Design Manual as well as the following minimum requirements: 1. Install 367 linear feet of 8-inch PVC water distribution main line; 3. Installation of 367 linear feet of dewatering; 4. Tie-in at Existing Line in Street; 5. Traffic Control at Street Tie Ins; b. The offsite Distribution Main Extension must begin at the existing 6-inch waterline on the southwest corner of Lots 1 & 2, Block 65, Brooklyn and extend east 367 feet and connect to existing 12-inch water valve. c. The plans and specifications must comply with the City's Water Distribution Standards Detail Sheets and Standard Specifications. d. Before the Developer/Owner starts construction, the plans and specifications must be approved by the City's Development Services Engineer. e. Intent of Plans and Specifications: 1. The intent of the plans and specifications is to prescribe a complete work or improvement which the Contractor undertakes to do in full compliance with the plans, specifications, special provisions, proposal, and contract. 2. The Contractor shall do all work as provided in the plans, specifications, special provisions, proposal, contract, and any addendum issued, and shall do such additional extra work as may be considered necessary to complete the work in a satisfactory and acceptable manner. 3. The Contractor shall furnish all labor, tools, material, machinery, equipment and incidentals necessary for the prosecution of the work. 3. SITE IMPROVEMENTS. Prior to the start of construction of the Distribution Main Extension, the Developer/Owner shall acquire and dedicate to the City the required additional public utility easements ("Easements"), if any, necessary for the completion of the Distribution Main Extension. 4. PLATTING FEES. Developer/Owner shall pay to the City the required acreage fees and pro- rata fees as required by the UDC for the area of the Distribution Main Extension. 5. DEVELOPER/OWNER TO AWARD CONTRACT FOR IMPROVEMENTS. Developer/Owner shall award a contract and complete the Distribution Main Extension, under the approved plans and specifications, by July 15, 2015. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties and obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. Groomer Seafood-Brooklyn Addition Reimbursement Agreement vfinal Page 2 of 8 8. DEFAULT. The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services and to the Development Services Engineer by the 60th calendar day after the date of approval of this Agreement by the City Council. c. Developer/Owner fails to award a contract for the construction of the Distribution Main Extension, according to the approved plans and specifications, by the 90th calendar day after the date of approval of this Agreement by the City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the Distribution Main Extension under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Distribution Main Extension, under the approved plans and specifications, on or before July 15, 2015. f. Either the City or the Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. g. Failure of the Developer/Owner to comply with Sections 13 or 14 of this Agreement. 9. NOTICE AND CURE. a. 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. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. c. 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. d. Should the Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Developer/Owner, at the address stated in section 11, of the need to perform the obligation or duty and, should the Developer/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 Developer/Owner by reducing the reimbursement amount due to the Developer/Owner. e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or Groomer Seafood-Brooklyn Addition Reimbursement Agreement vfinal Page 3 of 8 3. Perform any obligation or duty of the Developer/Owner under this Agreement and charge the cost of such performance to the Developer/Owner. The Developer/Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer/Owner receives notice of the cost of performance. In the event the Developer/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. f. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer/Owner has all its remedies at law or in equity for such default. 10. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; 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. b. 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 ten (10) business 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. 11. NOTICES. a. 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: 1. If to the Developer/Owner: Groomer Seafood of San Antonio, Inc. Attn: Richard Groomer 9801 McCullough Avenue San Antonio, Texas 78216 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: Groomer Seafood-Brooklyn Addition Reimbursement Agreement vfinal Page 4 of 8 City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. 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. c. Either party may change the address for notices by giving notice of the change under the provisions of this section. 12. THIRD PARTY BENEFICIARY. Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Distribution Main Extension, contracts for testing services, and contracts with the contractor for the construction of the Distribution Main Extension must provide that the City is a third party beneficiary of each contract. 13.1. WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of the Distribution Main Extension and the construction of the Distribution Main Extension for a period of one year from and after the date of acceptance of the facilities by the City. 13.2. Removal of Defective and Unauthorized Work: a) All work which has been rejected or condemned by the City must be repaired, or if it cannot be repaired satisfactorily, it must be removed and replaced at the Developer/Owner's sole expense. b) Defective materials must be immediately removed from the site of the work. Work not in conformance to the Plans and Specifications, work outside project scope, work done without proper inspection, or any extra or unclassified work done without written authority and prior agreement in writing as to prices shall be done at the Contractor's risk, and considered unauthorized and not eligible for reimbursement. c) The work, at the option of the City Engineer or the City's Development Services Engineer, may be ordered removed at the Contractor's expense if not defective or not in conformance with the City's Infrastructure Design Manual, and other laws, codes and regulations. d) Upon failure of the Developer/Owner to repair satisfactorily or to remove and replace rejected, unauthorized, or condemned work or materials immediately after receiving notice from the City, the City will, after giving written notice to the Developer/Owner, have the authority to cause defective work to be remedied or removed and replaced or to cause unauthorized work to be removed, and to deduct the cost from any payment due or to become due the Developer/Owner. 14. REIMBURSEMENT. a. Subject to the conditions for reimbursement from the City Developer Participation Funds and the appropriation of funds, the City will reimburse the Developer/Owner the reasonable actual cost of the Distribution Main Extension up to an amount not to exceed Groomer Seafood-Brooklyn Addition Reimbursement Agreement vfinal Page 5 of 8 $49,992.25 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. The City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The reimbursement will be made within 30 days from the date of the invoice in accordance with state law. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c. To be eligible for reimbursement, the work must be completed in a good and workmanlike manner, in accordance with the approved plans and specifications, and in compliance with the City's Infrastructure Design Manual, and all other local, state and federal laws, codes and regulations, and must have been inspected and accepted by the City. d. In the event that this Agreement is terminated by the City as a result of an uncured default by the Developer/Owner and at a time when there has been a partial completion and/or partial payment for the improvements, then the City shall only reimburse the Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that the uncured default occurred. 15. INDEMNIFICATION. DEVELOPER/OWNER SHALL FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, OFFICIALS, EMPLOYEES, AND AGENTS ("INDEMNITEES') FROM AND AGAINST ALL SUITS, CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, EXPENSES, LIABILITY, DAMAGES AND JUDGMENTS RECOVERED FROM OR ASSERTED AGAINST CITY FOR ANY AND ALL PROPERTY DAMAGE OR INJURIES SUSTAINED BYANYPERSON, INCLUDING WITHOUT LIMITATION, WORKERS' COMPENSATION, PERSONAL INJURY OR DEATH, ARISING FROM OR INCIDENT TO, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION OF THE DISTRIBUTION MAIN EXTENSION. THIS INDEMNIFICATION SPECIFICALLY INCLUDES CLAIMS BROUGHT BY DEVELOPER, OR DEVELOPER'S OWN EMPLOYEES, AGENTS OR REPRESENTATIVES. THIS INDEMNIFICATIONS SURVIVES TERMINATION OF THIS AGREEMENT. 16. COVENANT RUNNING WITH THE LAND. This Agreement is a covenant running with the land, to wit: approximately 0.596 acres known as Lot 2R, Block 78 Brooklyn Addition, a subdivision in Corpus Christi, Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer/Owner's successors or assigns. 17. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. 18. DISCLOSURE OF INTEREST. Developer/Owner agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Interest form attached to this Agreement as Exhibit 5. Groomer Seafood-Brooklyn Addition Reimbursement Agreement vfinal Page 6 of 8 19. EFFECTIVE DATE. This Agreement becomes effective and is binding upon and inures to the benefit of the City and the Developer/Owner and their respective heirs, successors, and assigns from and after the date of final execution by all parties. 20. AUTHORITY. The person signing this Agreement on behalf of each of the parties represents, warrants, and guarantees that they have authority to act on behalf of the party and make this Agreement binding and enforceable by their signature. EXECUTED IN ONE ORIGINAL this day of ' 20 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Wes Pierson City Secretary Assistant City Manager APPROVED AS TO FORM: 12014. Julian Grant Assistant City Attorney for the City Attorney Groomer Seafood of San Antonio, Inc. By: Richard Groomer Vice President STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on 2014, by Richard Groomer, Vice President, Groomer Seafood of San Antonio, Inc., a Texas corporation, on behalf of said company. Notary Public's Signature Groomer Seafood-Brooklyn Addition Reimbursement Agreement vfinal Page 7 of 8 Groomer Seafood of San Antonio, Inc., By: Michael Groomer Director STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on 2014, by Michael Groomer, Director, Groomer Seafood of San Antonio, Inc., a Texas corporation, on behalf of said company. Notary Public's Signature Groomer Seafood-Brooklyn Addition Reimbursement Agreement vfinal Page 8 of 8 tI As O, b sz C) (.W 0 n N _j 0 0 ei z S W 23' E 130.00' u-j p, n oc) C) oc4 —j or 6 < m 0 >j v DZ V fL/ C) U To 20 lN3 a l C) < N 58'23r 38 w 115l00, F-l7 51 TREASURE AVENUE Ill < lz �vz t CL t ............. ,12' 7 Nu zi I u APPLICATION FOR 'WATERLINE REIMBURSE We, Groomer's Seafood of San Antonio, INC., a Texas Corporation, 9801 McCullough Antonio, Texas 782'18, owners and developers of proposed Lot 2R, Block 78 of Brook.Y Addition hereby request reimbursement of s49,992.25 for tare installation of the water distribution main in conjunction with said lot, as provided construction cost, including 12°r'�a Engineering gband Surveying,nin excess of 17092. he lot/acreage reage is the shown by the cost supporting' documents attached herewith. acreage fee= as Richard Groo er, 1/ice President bate Groomer's Seafood of San Antonio, INC. THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged b'efore m on ,.� , 2018, by ell a Tame) �^ �, �, ^ (Title), of Groomer's Seafood of San Antonio, INC., a Texas Corporation, on behalf of the said corporation. ANNIE DJABAROV � p r, r Notary Public,State of Texas J., E n�Cesrnrnis ton x ,res otary PUb i in and for e State of Texas F'e'bruary 14, 2018 � �Michael I Groomer, Director Date Groomer's Seafood of San Antonio, INC. TIFF STATE OF TEXAS COUNTY OF § This "�nstrume'nt was acknowledged before m on ^ 2013 b � i y —(Name), � � ., .. (Title), of Groomer's Seafood of San Antonio INC., a Texas, Corporation, on behalf of the said corporation. �+ � f U Mrt 4 ¢Jj( IEE IJABAROV w a ntaq �' ' 4w �1� td to t ;' a�e o T exams �y bmt�iws�,c�r,E�,pises Nj t`arTrrFP�1;1V�1V 1i4yE�}'h 4 F Lw y%� I ebwQ t ry4 e V 6 Atry i it CERTIFICATION, The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement i 3 subject to: (a) Sufficiency of funds in the FUND 4091-Water 2012E CIP (Rev Bds): (b) Appropriation and approval by the City Council. Development Services Engineer (Date) Exhib t 2 Page 2 of 2 .......------ .................... ............................. ............ /10t.yob nw�'M6 TaWWKk IIWM1WW95 [ oxv wmmNimx w¢ 133H5 H3A03 ' in 79 .�a 7 r.a..w..w. . r.. �'� III ( � SVx31'11SIaH9Sf1dMOD SJ.N3w3noadwl Amun aussao S ha 6 t 5 I n 3 a �' aooAVas aawooao Q CL W I Z �11�f o o � N 0 0 0 U. L6 �i W Cl) ; I.z Ini I5 a ws Iwo Q d F W ° w H N a � VIII uj O 03 Lu — A CL ig `R 6 N 4': H � m a o L x CC / � I 7 �4 a O M J 1i. / u Lj 40, of rl- mm � �V.1 KI�u I@'4i M M.'lM Yl1m-C N\LIi4lurt W.II„o�i�i1�111�1FMNA WWNMM”Aar�9!'ylli���M�IW�II�Wm�m�ilM1�„NIJ�Ib,p�I�m�ll�i�Il��oumulM1q��!�VMIIIG'q"11�10nWm�Ni wmnmre„r4mU'SWU���W'4�IU���umuuo�mWJ�tl NurwhW'N�wuu�ml�IIIIWiM? 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I Fj k � I � si w u•, !, m R k� W ®a®k rl Ik s t1 MA I 9 f.s e® m �Iil Opp! Ft �ml o m � r k i k umH' k W • I !sm lmmp m®o ? mall � i gyre �- mt'®�mtl��r Ik l � m' :� I' to F ® ' ) 11 o tll� l y6 w ® R ket s [ kktl rllt � ti ius,ll a..®�4°i8 &m S�&H$ffi4a@°S]^Ml WPAfiA�v.ilmNNOR iIfiMN8Bl6 W1UmC'tlNA'N'uimmRYn;,'ii�l4wmut�my�,uwmm@�6 8'$I. �sVefi t �, GROOMER SEAFOOD-BROOKLYN ADDITION : REQUIRED PUBLIC IMPROVEMENTS-OPTION F(ALT) OPINION OF PROBABLE CONSTRUCTION COST PLUS ELIGIBLE CITY REIMBURSEMENT Item Description Quantity Unit Unit Cost AMOUNT Al Mobilization/Demobilization 1 LS $ 2,500.00 $ 2,500.00 A2 Fire Hydrant Assembly 1 EA $ 7,500.00 $ 7,500.00 A3 Install New Waterline(8"PVC) 560 LF $ 30.00 $ 16,800.00 A4 Dewatering 560 LF $ 18.50 $ 10,360.00 A5 Tie-in at Existing Line in Street 2 EA $ 6,250.00 $ 12,500.00 A6 Traffic Control at Street Tie-Ins 4 DAY $ 1,750.00 $ 7,000.00 A7 Temporary Construction Exit/Entrance 2 EA $ 750.00 $ 1,500.00 A8 Sediment Control Fencing 560 LF $ 4.25 $ 2,380.00 A9 Open Cut at Road 4 to 6 foot deep) 84 LF $ 55.00 $ 4,620.00 PROJECT SUBTOTAL= $ 65,160.00 10%CONTINGENCY= $ 6,516.00 PROJECT TOTAL= $ 71,676.00 Engineering&Design(12%) $ 8,601.12 ITOTAL COST OF PUBLIC IMPROVEMENTS $ 80,277.12 ffiffim WATER SYSTEM PARTICIPATION (100%OFF-SITE REIMBURSEABLE) Item ' Description Quantity Unit Unit Cost AMOUNT 131 Mobilization/Demobilization Partial LS $ 2,500.00 $ 1,398.00 132 Fire Hydrant Assembly 0 _ EA $ 7,500.00 $ 133 Install New Waterline(8"PVC) 367 LF $ 30.00 $ 11,010.00 134 Dewatering 367 LF $ 18.50 $ 6,789.50 135 Tie-in at Existing Line in Street 2 EA $ 6,250.00 $ 12,500.00 136 Traffic Control at Street Tie-Ins 4 DAY $ 1,750.00 $ 5,250.00 137 Temporary Construction Exit/Entrance 2 EA $ 750.00 $ 1,500.00 138 Sediment Control Fencing 560 LF $ 4.25 $ 2,380.00 139 Open Cut at Road(4 to 6 foot deep) 84 EA $ 55.00 $ 4,620.00 WATER SYSTEM OFF-SITE SUBTOTAL= $ 45,447.50 10%CONTINGENCY= $ 4,544.75 Engineering&Design(12%)(City Portion) 0.0% LS $ 8,601.12 $ - Engineering&Design(12%)(Owner Portion) 100.0% LS $ 8,601.12 $ 8,601.12 Site Survey(Utility Location)(Owner) 2.0 LS $ 1,750.00 $ 3,500.00 TOTAL OFF-SITE WATER SYSTEM IMPROVEMENTS COST= $ 49,992.25 TOTAL OFF-SITE WATER SYSTEM CITY PARTICIPATION(100%)= $ 49,992.25 TOTAL CITY PARTICIPATION (WATER SYSTEM PARTICIPATION) $ 49,992.25 TOTAL DEVELOPER PARTICIPATION (WATER SYSTEM PARTICIPATION) $ 30,284.87 Exhibit 4 Page 1 of 2 GROOMER SEAFOOD-BROOKLYN ADDITION:REQUIRED PUBLIC IMPROVEMENTS-OPTION F(ALT) OPINION OF PROBABLE CONSTRUCTION COST PLUS ELIGIBLE CITY REIMBURSEMENT ffiffim WATER SYSTEM PARTICIPATION(100%OFF-SITE REIMBURSEABLE) Item i Description Quantity Unit Unit Cost AMOUNT BI Mobilization/Demobilization Partial LS $ 2,500.001 $ 1,398.00 B2 Fire Hydrant Assembly 0 EA ( $ 7,500.00 $ B3 Install New Waterline(8"PVC) ( 367 ( LF (( $ 30.00 $ 11,010.00 B4 Dewatering 367 LF ( $ 18.50 $ 6,789.50 B5 Tie-in at Existing Line in Street 2 ( EA (( $ 6,250.00 $ 12,500.00 B6 Traffic Control at Street Tie-Ins ( 4 ( DAY (( $ 1,750.00 $ 5,250.00 B7 Temporary Construction Exit/Entrance 2 EA ( $ 750.00 $ 1,500.00 Bg ;Sediment Control Fencing 560 ( LF (( $ 4.25 $ 2,380.00 B9 Open Cut at Road(4 to 6 foot deep) 84 EA $ 55.00 $ 4,620.00 WATER SYSTEM OFF-SITE SUBTOTAL= $ 45,447.50 10%CONTINGENCY $ 4,544.75 TOTAL OFF-SITE WATER SYSTEM CITY PARTICIPATION(100%)_ $ 49,992.25 TOTAL CITY PARTICIPATION (WATER SYSTEM PARTICIPATION) $ 49,992.25 Exhibit 4 Page 2 of 2 City or Corpus Christi.Texas Deparunent of bevclopincut Sin ices ity ,Te as 7 Corpus Ctlnsli,Texas°xR469,M�A?7F' i1w,th (3611820-3 240 Corpus Localed ar 2406 Leopard Street ry cty IComcrafLropard St,and Port A%C 1 lc7 1 DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with"NA" NAME: ° A ry, STREET: "°19 6 a CITY: ZIP: "10 FIRM is: orporation ❑ Partnership ❑Sale Owner ❑Association ❑ Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership Interest" constituting 3%or more of the ownership In the above named "firm". Name Job Title and City Department(if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership In the above named "firm". Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership In the above named "firm". Name Board, Commission,. or Committee 4. State the names of each employee or officer of a "consultant"for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest"constituting 3% or more of the ownership in the above named "firm". Name Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: re Title: (Print) Signature of Certifying Perso Date: N°.I9�VELdP11Eh+T5YC5'SH 1lLl:.!Cb°,4dNP 91E�°IF:P..4�PA,4EN"i�fult,CtO!M 1,h:4:E.Lphll!IISTRA'ffli[CNm°.fkV'@LA�'r�T'VVJ" 491de.\I,:ol4"&RIwllS�S M�tlk C II�AO.'.;''Y.a.@ro[,rQ:L:I;y±Sll�dtl�Q&r C°'<ff'f'r;aRl:k'u'1C� STATEAIEN71 e7 12 DOC Exhibit 5 Page 1 of 4 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 an 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 non-profit 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. ROPMENMORMNANCE AMIN IS TRAT10:1AAPPUCATION VOkmSYORMS AS PER 4..EGAIL�1012 mui.ostwr:(IF ONTEREWS STATEMEN"ror ii-,we Exhibit 5 Page 2 of 4 City of Corpus Christi.Texas Department of Dct clopment Sen ices City Corpus P O Bat 9277 Cktnsti,'rezas 78469-9 277 hwh Corpus c (361)826-32_40 L.as7 Located at 2406 Leopard Street ry cl_y [Comer of Leopard St 2nd Port A%c,} 11JL1 DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with"NA". NAME: 'k` 6 1-4 C . STREET: -M-131 CITY: TY, ZIP: I 11 FIRM is: fWCorporation 0 Partnership ❑ Sole Owner ❑Association ❑Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. Z. 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) 04L. 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 tiaL 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 rte Iry 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 r Met AIc 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 r Title: ` txe- (Print) Signature of Certifying Person° Date: 1 1 Ou" O l ro;V611.ohmr-NnoR�RNAd+Cf AD'%OINISTRA710."4,,,%Pl%il. :,kTIO,%FORRtS' O5W 0 PGR LEGAL2 AZDISC'LOSIL KE( IvCERE!i,Ts S TATEXFNfN U2K10C Exhibit 5 Page 3 of 4 lid 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 non-profit 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 r 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. ASPER LEGAV2002-THSCLOSURE OF:WTERESTS STNtEMENTO 27 12 WK Exhibit 5 Page 4 of 4 I cc N H � 0 1:� Y �+tNlP ski � � 0 W � 00 Y V m W LULLil � ll r e r r tip I, r W r MJ� °r r �r r ............. �dtilr'Ii�� I r �y r � r1 III. " ry,r dry/ YI mlw d AGENDA MEMORANDUM M�aaP© a,EO Future Item for the City Council Meeting of June 24, 2014 1s52 Action Item for the City Council Meeting of July 8, 2014 DATE: June 6, 2014 TO: Ronald L. Olson, City Manager THRU: Susan Thorpe, Assistant City Manager SThorpepcctexas.com 361.826.3898 Eddie Ortega, Director EddieO(c_cctexas.com 361.826.3224 FROM: Rudy Bentancourt, CD Administrator RudyBp_cctexas.com 361.826.3021 Board of Directors Meeting of the Corpus Christi Community Improvement Corporation CAPTION: Board of Directors Meeting of the Corpus Christi Community Improvement Corporation (CCCIC) PURPOSE: Motion to approve a transfer of funds in the amount of$250,000 from the CCCIC — Special Projects Fund for the reimbursement of payment to the U.S. Department of Housing and Urban Development related to the LULAC project. Board meeting will also review the change of the board's registered agent, change of the board's fiscal year, and the election of officers. BACKGROUND AND FINDINGS: Election of Officers The Bylaws of the Corpus Christi Community Improvement Corporation provide for the following officers: President, Vice President, Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, and General Manager. Typically, the President and Vice President have been elected from the Board of Directors. The Bylaws provide that officers do not have to be Board members, and the remaining positions have been held by persons on City staff holding the functional equivalent positions. The recommendations for these are as follows: Secretary Rebecca Huerta Assistant Secretary Paul Pierce Treasurer Constance P. Sanchez Assistant Treasurer Alma Casas General Manager Ronald L. Olson Change of Registered Agent State law requires each corporation to maintain a registered agent and registered office with the Texas Secretary of State. That position typically has been held by the Secretary of the Corporation, and this item would authorize the filing of a new designation of registered agent with the Texas Secretary of State. The registered office would remain unchanged. Change of Fiscal Year to Match City Fiscal Year The City has elected to change its fiscal year to a year ending September 30 beginning with the current fiscal year to be extended to September 30, 2014. The CCCIC establishes its fiscal year by resolution according to the Bylaws, and having consistent fiscal years would facilitate the preparation of the annual audit and financial reports. Approve a Transfer of Funds On December 16, 2008, the Corpus Christi City Council approved a motion to execute a subrecipient agreement through the Corpus Christi Community Improvement Corporation (CCCIC) to fund the LULAC Apartments of the Village for the LULAC Oasis at the Park project for acquisition and development costs. The approved motion authorized $400,000 from the U.S. Department of Housing and Urban Development's (HUD) HOME Program (FY2007 - $200,000 and FY2008 - $200,000) for the project related to an affordable housing development for homeless veterans to be located at 420 N. Port Ave. The project would combine HOME Program funds with Low Income Housing Tax Credits from the Texas Department of Housing and Community Affairs (TDHCA). Due to timing issues, TDHCA canceled the Tax Credit funds from the project. Over the years, LULAC has made several failed attempts to obtain funding for the project. LULAC has since informed the City that they have been unable to obtain additional funds to complete this project. The City has filed a lawsuit against LULAC in order to recapture the funds for this project. Once funds are repaid to the City by LULAC, the funds will go back into their respective accounts. On May 14, via email, HUD informed the City that the $400,000 must be paid by June 13, 2014. This was followed up by an official letter dated May 28, 2014. Due to City Council and CCCIC meetings, HUD has granted the City until June 17, 2014 to wire the funds back to the U.S. Treasury. A City Council Workshop was held on June 17 to update City Council and inform of the next steps to take. ALTERNATIVES: "Not Applicable" OTHER CONSIDERATIONS: "Not Applicable" CONFORMITY TO CITY POLICY: The action conforms to all applicable City and CCCIC policies. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Housing and Community Development, Legal, Finance, City Secretary's Office FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: N/A RECOMMENDATION: Recommendation is requested to approve the resolution and motions LIST OF SUPPORTING DOCUMENTS: Agenda for Meeting Unapproved August 27, 2013 Board Meeting Minutes Treasurers Report Resolution for Fiscal Year Change AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION REGULAR MEETING DATE: Tuesday,July 8, 2014 TIME: During the meeting of the City Council beginning at 11:30 a.m. PLACE: City Council Chambers 1201 Leopard Street Corpus Christi,TX 78401 1. Call Meeting to order. 2. Assistant Secretary Rebecca Huerta calls roll. Board of Directors Officers Kelley Allen, President Ron L. Olson, General Manager Lillian Riojas, Vice-President Vacant, Secretary Rudy Garza Rebecca Huerta,Asst. Secretary Priscilla Leal Constance P. Sanchez,Treasurer David Loeb Vacant, Asst.Treasurer Colleen McIntyre Chad Magill Nelda Martinez Mark Scott 3. Approval of the minutes of August 27, 2013 4. Election of Officers: President Secretary Vice President Assistant Secretary Treasurer Assistant Treasurer General Manager 5. Treasurer's Report 6. Approval of designation of Rebecca Huerta as registered agent of the Corporation to replace Armando Chapa and authorizing the filing of a designation with the Texas Secretary of State. 7. Adoption of a resolution changing the fiscal year to a year ending September 30 commencing with the current fiscal year which shall be extended to an end on September 30, 2014. 8. Motion to approve a transfer of funds in the amount of$250,000 from the CCCIC—Special Projects Fund for reimbursement to the U.S. Department of Housing and Urban Development related to the LULAC project. 9. Public Comment 10. Adjournment MINUTES CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION (CCCIC) REGULAR MEETING August 27, 2013 2:30 P.M. PRESENT Board of Directors Officers Kelley Allen, President Ron L. Olson, General Manager Lillian Ricj as, Vice-President Armando Chapa, Secretary Rudy Garza Rebecca Huerta, Asst. Secretary Priscilla Leal Constance P. Sanchez, Treasurer David Loeb Vacant, Asst. Treasurer Colleen McIntyre Chad Magill Nelda Martinez Mark Scott President Allen called the meeting to order in the Council Chambers of City Hall at 2:30 p.m. Secretary Chapa verified that a quorum was present to conduct the meeting and notice of the meeting had been posted. President Allen called for the approval of the minutes from the July 30, 2013 meeting. Mr. Loeb made a motion to approve the minutes as presented, seconded by Mr. Magill, and passed. President Allen called for the Financial Statement. Treasurer Constance Sanchez referred to the summary of transactions for one month ending June 30, 2013 and the fund balance was $14,786,184. The Board had no questions. President Allen moved on to Item 5. Director of Neighborhood Services (NSD), Mr. Eddie Ortega, explained the item is a motion to approve a loan commitment of$470,000 for the Woodland Creek Apartments project, located at 11641 Leopard Street, Corpus Christi, Texas, 78410. On July 25, 2013, the Texas Department of Housing and Community Affairs approved to provide the Woodland Creek project with Housing Tax Credits. The project will involve the demolition and reconstruction of 94 apartments (100% Section 8) serving low-income families, seniors and individuals. The development will be financed primarily through Low Income Housing Tax Credits, private debt, and HOME funds through the City of Corpus Christi. The motion is needed to approve the loan commitment terms for the project subject to the execution of the funding agreement. President Allen asked for any discussion from the Directors on Item 5. President Allen commented that he once resided in this complex, also located in his district (District 1), and was very happy to see the reconstruction project moving forward. President Allen called for public comment on Item 5. There was none. 1 President Allen called for a roll call vote of Secretary Chapa to approve Item 5 as follows: 5. MOTION TO APPROVE A LOAN COMMITMENT OF $470,000 FOR THE WOODLAND CREEK PROJECT, LOAN TO BE MADE FROM FUNDS PROVIDED THROUGH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S HOME PROGRAM AT 3% INTEREST FOR A 20-YEAR TERM WITH PAYMENTS AMORTIZED OVER 30 YEARS AND PAID FROM AVAILABLE NET CASH FLOW, SUBJECT TO EXECUTION OF THE FUNDING AGREEMENTS. The foregoing motion was passed and approved as follows: Allen, Garza, Leal, Loeb, Magill, McIntyre, Martinez, Riojas, and Scott voting"Aye". President Allen called for public comment. There was none. There being no further business to come before the Board, President Allen adjourned the meeting at 2:34 p.m. on August 27, 2013. 2 CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION April 30, 2014 Special Project ASSETS Fund Cash and investments 253,606 Due from U S Government/Other Fund 0 Mortgages receivable 0 Accrued interest receivable 0 Account receivable 0 Leasehold improvements (net of accumulated amortization) 0 Investment in property(net of accumulated depreciation) 21,047 Total assets 274,653 LIABILITIES AND FUND BALANCE Liabilities: Accounts payable 0 Deposits 0 Due to other funds 0 Total liabilities 0 Fund Balance: Reserved for mortgages 0 Reserved for Investments 21,047 Unreserved 253,606 Total fund balance 274,653 Total liabilities and fund balance 274,653 CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES FOR THE NINE MONTHS ENDING APRIL 30, 2014 Special Project Fund Revenues: Contribution from Federal Government 0 Interest on loans 0 Interest on investments 19 Rental income 0 Miscellaneous 0 Total revenues 19 Expenditures: Grants 0 Warranty Work 0 Community Development administration 0 Loan processing 0 Accounting services 0 Interest expense 0 Miscellaneous 0 Accumulated amortization- 0 forgivable loans 0 leasehold improvements 0 Accumulated depreciation -building 0 Total expenditures 0 Excess of revenues over expenditures 19 Other financing sources(uses): Operating transfers in(out): Transfer From CDBG 0 Transfer To CDBG 0 Total other financing sources(uses) 0 Excess(Deficit)of revenues and other financing sources over expenditures and other uses 19 Fund balances at August 1, 2013 274,634 Fund balances at April 30, 2014 274,653 Resolution Establishing a New Fiscal Year for the Corpus Christi Community Improvement Corporation. WHEREAS, the bylaws of the Corpus Christi Community Improvement Corporation (the "CCCIC") provide for the adoption of the fiscal year by resolution; and WHEREAS, the City of Corpus Christi is extending its current fiscal year to September 30, 2014, and changing its fiscal year thereafter to a year ending September 30; and WHEREAS, operating efficiencies in audits and preparing the Comprehensive Annual Financial Report result if the fiscal year of the CCCIC is the same as the fiscal year of the City of Corpus Christi; and NOW, THEREFORE, BE IT RESOLVED BY OF THE BOARD OF DIRECTORS OF THE CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION THAT: 1. The CCCIC shall extend its current fiscal year to September 30, 2014, and the fiscal years thereafter shall be from October 1 to September 30 of each year. DULY PASSED AND ADOPTED this 8t" Day of July, 2014, at a special meeting of the Board of Directors. ATTEST: CORPUS CHRISTI HOUSING FINANCE CORPORATION Rebecca Huerta Kelley Allen City Secretary President 1 Corpus Christi, Texas day of 2014 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 2 los 0 _ AGENDA MEMORANDUM Future Item for the City Council Meeting of July 8, 2014 18..52 Action Item for the City Council Meeting of July 15, 2014 DATE: July 8, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager christelam D_cctexas.corn (361) 826-3169 Floyd Simpson, Chief of Police floydsQcctexas.corn 886-2603 Purchase of Tahoe Police Pursuit Vehicles CAPTION: Motion approving the purchase of three (3) Tahoe police pursuit vehicles from Caldwell Country Chevrolet, Caldwell, Texas for a total amount of $97,148.23. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funds have been budgeted in FY 2013-2014. PURPOSE: The vehicles will be used by the Police Department to work drug and human interdiction efforts on the ingress and egress routes to the City. BACKGROUND AND FINDINGS: The Nueces County Sheriff's Office has received funding from the U.S. Border Patrol in support of Operation Stonegarden to enhance cooperation and coordination among Federal, State and Local agencies in a joint mission to secure the United States borders. The Police Department has been involved with the Operation Stonegarden grant since 2008. This grant is fully funded and no match is required by the City of Corpus Christi. ALTERNATIVES: CNG is not available for this vehicle. CNG Standards Checklist Standard Meets Standard Does not Meet Standard Reliability (OEM available?) (CNG not available) Specifications (Bi-Fuel available?) (Bi-Fuel not available) Economics (comparison available?) (CNG not available) Exclusions X No OEM available X Mission Capability compromised X OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Police Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $97,148.23 $0 $97,148.23 Encumbered / Expended Amount $0 $0 $0 This item $97,148.23 $0 $97,148.23 BALANCE $0 $0 Fund(s): Police Grants Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price sheet. CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION TLGPC CONTRACT NO. 430-13 BUYER: GERALD GOODWIN PURCHASE OF TAHOE POLICE PURSUIT VEHICLES Caldwell Country Chevrolet Caldwell, Texas UNIT EXTENDED ITEM DESCRIPTION QTY.1 UNIT PRICE PRICE 1. 2014 4x4 special service Tahoe 3 1 Each $32,382.74 $97,148.23 TOTAL: $97,148.23 d AGENDA MEMORANDUM oaPOwR ko Future Item for the City Council Meeting of July 8, 2014 2852 Action Item for the City Council Meeting of July 15, 2014 DATE: July 8, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager ch ristelamp_cctexas.com (361) 826-3169 Mark Van Vleck, P.E., Executive Director of Utilities Department markvv(a_cctexas.com (361) 826-1874 Debbie Marroquin, Director of Gas Operations debbiempcctexas.com (361) 885-6924 Dan Biles, Executive Director of Public Works danbp_cctexas.com (361) 826-3729 Supply Agreement for Blueprinting Services CAPTION: Motion approving a supply agreement with ARC Document Solutions, Corpus Christi, Texas for blueprinting services in accordance with Bid Invitation No. BI-0160-14 based on only bid for an estimated annual expenditure of $116,009.74, of which $19,334.97 is required for the remainder of FY 2013-2014. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the using departments in FY 2013-2014. PURPOSE: This supply agreement will be used by the Utilities, Capital Programs, and Gas Departments for reproducing original subdivision plats, block maps, construction prints, land use maps and other architectural/engineering drawings. BACKGROUND AND FINDINGS: All options to extend the previous contract have been exercised. ALTERNATIVES: None. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Utilities, Gas, Capital Programs FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $22,047.30 $96,674.77 $118,722.07 Encumbered / Expended Amount $2,712.33 $0 $2,712.33 This item $19,334.97 $96,674.77 1 $116,009.74 BALANCE $0 $0 $0 Fund(s): Gas Fund, Engineering Fund, Wastewater System Fund Comments: The $19,334.96 financial impact shown above represents two (2) months of expenditures that will be encumbered through the end of this fiscal year. The remaining $96,674.78 for the last ten (10) months of the contract will be requested during the normal FY 2014-2015 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION BID INVITATION NO. BI-0160-14 BUYER: GERALD GOODWIN BLUEPRINTING SERVICES ARC Document Solutions Corpus Christi,TX UNIT TOTAL ITEM DESCRIPTION QTY UNIT PRICE PRICE 1.0 LARGE DOCUMENT COPIES(LDC),SAME SIZE, ENLARGEMENT OR REDUCTION 1.1 20#BOND 952,398 Sq. Ft. $ 0.06 $ 57,143.88 1.2 VELLUM COPIES 10,584 Sq. Ft. $ 0.04 $ 370.44 1.3 MYLAR-4 MIL., MATTE, SINGLE OR DOUBLE SIDE 2,503 Sq. Ft. $ 1.00 $ 2,503.00 2.0 COLORCOPIES 2.1 8 1/2"X 11" 2,503 Each $ 0.35 $ 876.05 2.2 8 1/2"X 14" 1,877 Each $ 0.45 $ 844.65 2.3 11"X 17" 1,252 Each $ 0.65 $ 813.80 3 VACUUM FRAME MOUNTING-3/16"FOAM BOARD 343 Sq. Ft. $ 4.35 $ 1,492.05 INCLUDED 4 LARGE MOUNTING-MOUNTING EXCEEDING VACUUM 343 Sq.Ft. $ 5.35 $ 1,835.05 FRAME CAPACITY,3/16" FOAM BOARD INCLUDED 5 8 1/2"X 11"BLACK&WHITE"SPECIFICATION BOOK' 1,319,232 Each $ 0.04 $ 50,130.82 TOTAL: $ 116,009.74 d AGENDA MEMORANDUM oaPOwR ko Future Item for the City Council Meeting of July 8, 2014 2852 Action Item for the City Council Meeting of July 15, 2014 DATE: July 8, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager ch ristelamp_cctexas.com (361) 826-3169 Mark Van Vleck, Executive Director of Utilities Department markvv(a_cctexas.com (361) 826-1874 Supply Agreement for Liquid Ammonium Sulfate CAPTION: Motion approving a supply agreement with Chemtrade Chemicals US LLC, Parsippany, New Jersey for liquid ammonium sulfate in accordance with Bid Invitation No. BI-0161-14 based on lowest responsible bid for an estimated semi-annual expenditure of $119,000.00, of which $9,916.67 is required for the remainder of FY 2013-2014. The term of the agreement shall be for six (6) months with options to extend for up to five (5) additional six-month periods, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Utilities Department in FY 2013-2014. PURPOSE: This chemical will be used to disinfect potable (drinking) water. It will be the primary source of ammonia, which is used in conjunction with chlorine to form mono-chloramine, the primary disinfectant in the water treatment process. BACKGROUND AND FINDINGS: All options to extend the previous contract have been exercised. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $4,239,665.98 $109,083.33 $4,348,749.31 Encumbered / Expended Amount $2,542,131.55 $0 $2,542,131.55 This item $9,916.67 $109,083.33 $119,000.00 BALANCE $1,687,617.76 $1,687,617.76 Fund(s): Water Fund Comments: The $9,916.67 financial impact shown above represents one (1) month of expenditures that will be encumbered through the end of this fiscal year. The remaining $109,083.33 for the last five (5) months of the contract will be requested during the normal FY 2014-2015 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION BID INVITATION NO. BI-0161-14 BUYER - GERALD GOODWIN LIQUID AMMONIUM SULFATE Chemtrade Chemicals US LLC Brenntag Southwest, Inc. Pencco, Inc. Parsippany, NJ Houston, TX San Felipe, TX UNIT TOTAL UNIT TOTAL UNIT TOTAL ITEM DESCRIPTION QTY UNIT PRICE PRICE PRICE PRICE PRICE PRICE 2.1 Liquid Ammonium Sulfate 700 Ton $170.00 $119,000.00 $195.20 $136,640.00 $196.35 $137,445.00 TOTAL: $119,000.00 $136,640.00 $137,445.00 d AGENDA MEMORANDUM oaPOwR ko Future Item for the City Council Meeting of July 8, 2014 2852 Action Item for the City Council Meeting of July 15, 2014 DATE: July 8, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager ch ristelamp_cctexas.com (361) 826-3169 Mark Van Vleck, P.E., Executive Director of Utilities Department markvv(a_cctexas.com (361) 826-1874 Supply Agreement for Gate Valves CAPTION: Motion approving a supply agreement with Ferguson Enterprises, Corpus Christi, Texas for gate valves in accordance with Bid Invitation No. BI-0184-14 based on lowest responsible bid for an estimated annual expenditure of $127,880.60, of which $21,313.43 is required for the remainder of FY 2013-2014. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the supplier and the City Manager or designee. These items are purchased into the Warehouse Inventory and charged out to the Utilities Department. PURPOSE: The valves are stocked by the Warehouse and used by the Utilities Department for new service and maintenance of water and waste water lines. BACKGROUND AND FINDINGS: All options to extend the previous contract have been exercised. ALTERNATIVES: None. OTHER CONSIDERATIONS: None. 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: Warehouse, Utilities Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $2,748,502.00 $106,567.17 $2,855,069.17 Encumbered / Expended Amount $1,930,453.54 $0 $1,930,453.54 This item $21,313.43 $106,567.17 $127,880.60 BALANCE $796,735.03 $0 $796,735.03 Fund(s): Stores Fund Comments: The $21,313.43 financial impact shown above represents two (2) months of expenditures that will be encumbered through the end of this fiscal year. The remaining $106,567.17 for the last ten (10) months of the contract will be requested during the normal FY 2014-2015 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION BID INVITATION NO. BI-0184-14 BUYER: GERALD GOODWIN GATE VALVES Ferguson Enterprises HD Supply Waterworks Titan Pipe&Supply Co.,Inc. Corpus Christi,Texas Corpus Christi,Texas Corpus Christi,Texas UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED ITEM DESCRIPTION QTY. UNIT PRICE PRICE PRICE PRICE PRICE PRICE 1.0 GATE VALVES 1.1 3"flange x flange w/hand wheel 24 each $ 277.80 $ 6,667.20 $ 281.70 $ 6,760.80 $ 290.65 $ 6,975.60 1.2 4"flange x flange w/hand wheel 20 each 310.50 6,210.00 314.50 6,290.00 324.81 6,496.20 1.3 6"flange x flange w/hand wheel 12 each 414.00 4,968.00 420.50 5,046.00 434.01 5,208.12 1.4 8"flange x flange w/hand wheel 8 each 648.75 5,190.00 657.50 5,260.00 678.45 5,427.60 1.5 10"flange x flange w/hand wheel 6 each 1,030.55 6,183.30 1045.00 6,270.00 1078.01 6,468.06 1.6 12"flange x flange w/hand wheel 4 each 1,244.50 4,978.00 1261.50 5,046.00 1301.73 5,206.92 1.7 4"MJ x MJ w/square operating nut 24 each 319.60 7,670.40 317.50 7,620.00 350.29 8,406.96 1.8 6"MJ x MJ w/square operating nut 36 each 408.15 14,693.40 405.00 14,580.00 453.61 16,329.96 1.9 8"MJ x MJ w/square operating nut 24 each 649.60 15,590.40 644.50 15,468.00 705.61 16,934.64 1.10 10"MJ x MJ w/square operating nut 4 each 992.50 3,970.00 1006.5 4,026.00 1096.77 4,387.08 1.11 12"MJ x MJ w/square operating nut 6 each 1,281.00 7,686.00 1273.5 7,641.00 1386.29 8,317.74 1.12 4"tapping flange x MJ w/square operating nut 6 each 399.15 2,394.90 400.50 2,403.00 437.65 2,625.90 1.13 6"tapping flange x MJ w/square operating nut 30 each 565.50 16,965.00 565.00 16,950.00 606.49 18,194.70 1.14 8"tapping flange x MJ w/square operating nut 16 each 837.00 13,392.00 840.00 13,440.00 899.65 14,394.40 1.15 12"tapping flange x MJ w/square operating nut 6 each 1,887.00 11,322.00 1913.00 11,478.00 2058.57 12,351.42 Total: $127,880.60 $128,278.80 $ 137,725.30 NOTE:A bid was received from Texas Irrigation Supply,Round Rock,Texas but proposed valves did not meet specification. d AGENDA MEMORANDUM oaPOwR ko Future Item for the City Council Meeting of July 8, 2014 2852 Action Item for the City Council Meeting of July 15, 2014 DATE: July 8, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager ch ristelamp_cctexas.com (361) 826-3169 Mark Van Vleck, Executive Director of Utilities Department markvv(a_cctexas.com (361) 826-1874 Purchase of Railcar Weigh Scales CAPTION: Motion approving the purchase of two (2) railcar weigh scales from Walz Scale, East Peoria, Illinois based on sole source for a total amount of $214,000.00. Funds have been budgeted by the Utilities Department in FY 2013-2014. PURPOSE: The scales will be used by staff at the O.N. Stevens Plant to provide a constant weigh reading on each chlorine rail tank car, determine the amount of product received in each car, accurately calculate daily usage, and verify when the car is empty thus maximizing chlorine product usage. BACKGROUND AND FINDINGS: The O.N. Stevens Plant has been upgrading the chlorine system. New Siemens chlorinators and eductors have been installed in the Gas Measurement Building and the Raw Water Receiving Unit to optimize the delivery of chlorine into the disinfection zones of the plant. The chlorine unloading area has recently had the chlorine piping system replaced and the rail spur has been brought up to Union Pacific Railroad standards in order to avoid any suspension of chlorine railcar delivery service. The scales can be installed in about an hour and can be easily adjusted to different railcar lengths. The system will have a digital weigh readout and will be integrated into the Plant's SCADA network. If the rail spur were ever to be moved to a different part of the plant these scales could be easily relocated within a couple of hours. ALTERNATIVES: These improvements are necessary for the health and saftey of the regions drinking water supply. Alternative scales are avaliable. The alternative scale systems are both more expensive and more difficult to install. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $920,381.65 $0 $920,381.65 Encumbered / Expended Amount $706,381.65 $0 $706,381.65 This item $214,000.00 $0 $214,000.00 BALANCE $0 $0 Fund(s): Water Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION SOLE SOURCE BUYER - GERALD GOODWIN RAILCAR WEIGH SCALES Walz Scale East Peoria, IL UNIT TOTAL ITEM DESCRIPTION QTY UNIT PRICE PRICE Full-train weigh scale, including weight 1 sensors, poles, interconnecting cables, 2 Each $107,000.00 $214,000.00 indicator, & rail keys. TOTAL: $214,000.00 d AGENDA MEMORANDUM Future Item for the City Council Meeting of July 8, 2014 Action Item for the City Council Meeting of July 15, 2014 1852 DATE: July 8, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager christelam D_cctexas.com (361) 826-3169 Michael Armstrong, Director of Municipal Information Services michaelar@cctexas.com 361-826-3735 Sole Source Agreement with ActiveG, LLC., for the purchase, installation and maintenance support of ActiveG software CAPTION: Motion approving a sole source agreement with ActiveG, LLC., of Mesa, Arizona, for the purchase of software license, installation services and maintenance support of ActiveG software for a total expenditure of $177,000 of which $149,800 is required for the remainder of FY2013-2014. Funds have been budgeted by the Municipal Information Services and the Utilities Department in FY2013-2014. PURPOSE: Replace obsolete "MaxGIS" software with ActiveG software. BACKGROUND AND FINDINGS: The current "MaxGIS" software is a specialized software application that combines the work order creation and tracking functionality of the City's computerized maintenance management system (Maximo) with the spatial presentation provided by geographic information system (GIS) software. This is a very useful application that has been used by all the City's utility departments and the Call Center for many years. The vendor that originally developed "MaxGIS" is no longer supporting this software application and because it was developed using old technology it is not compatible with the current versions of either Maximo or GIS. In addition, this is preventing the City from upgrading either Maximo or GIS to current vendor supported versions. ActiveG is the only commercial off the shelf software which will work with our existing and future versions of GIS and Maximo. This purchase will also enable the City utility departments and Call Center to retain the functionality they need. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to City purchasing policies and procedures and state statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: Finance Department and Utilities Department. FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $1,277,232.49 $27,200.00 $1,304,432.49 Encumbered / Expended Amount $909,647.42 $909,647.42 This item $149,800.00 $27,200.00 $177,000.00 BALANCE $217,785.07 $217,785.07 Fund(s): Municipal Information Services, Water and Wastewater Funds. Comments: The $149,800 financial impact shown above represents three months of expenditures that will be encumbered through the end of this fiscal year. The remaining $27,200 represents annual maintenance and support cost of $6,800 per year for years two through five. The annual maintenance and support cost of the agreement will be requested during the normal budget process for all future years. In the future, staff will bring the Maximo upgrade to council for approval. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Price Sheet CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION ActiveG, LLC., Mesa, Arizona ITEM DESCRIPTION QTY I UNIT UNIT PRICE I TOTAL PRICE 1. ActiveG Software License, Implementation 1 LOT $149,800.00 $149,800.00 and Confirguration of Maximo/Geographic Information Systems (GIS) Grand Total $149,800.00 CONTRACT Service Agreement for the purchase of software license, installation and maintenance support of ActiveG software Service Agreement No. THIS service agreement for the purchase of software license,installation and maintenance support of ActiveG software(this"Agreement")is entered into by and between ActiveG,LLC,(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 his designee("City Manager"),effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide software license installation and maintenance support of ActiveG software in accordance with its proposal dated June 14,2014; WHEREAS the City has determined Contractor to be well qualified to perform proposed services; NOW,THEREFORE,Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide software license, and perform installation and maintenance support of ActiveG software in accordance with its proposal dated June 14,2014 ("Exhibit A"). Exhibit A is attached to this Agreement, the terms of which are incorporated by reference as if set out herein in their entirety. The total not to exceed price to be paid to the Contractor for the services is$177,000.00. 2. Term. This Agreement commences on the date signed by the last signatory hereto and continues for 6 months thereafter. 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 IT Program Coordinator of MIS. 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 to the Contract Administrator. The types of insurance and coverage limits required under this Agreement are as shown in Exhibit B,which exhibit is attached to this Agreement and the terms of which are incorporated by reference as if set out herein in their entirety. Additionally, the Certificate must state that the IT Program Coordinator of MIS 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 1 given copies of all insurance policies within 15 days of the City Manager's written request to the Contractor. 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 September 30"), 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 the Contractor's proposal 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 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 its named subcontractor in connection with the work performed under this Agreement. When using any additional subcontractors,however, the Contractor must obtain prior written approval from the IT Program Coordinator of MIS. 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 in accordance with its proposal dated June 14,2014. Failure to keep all insurance policies 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 2 of payment of these taxes within fifteen(15)days of such request. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. 14. Drug Policy. The Contractor must adopt a Drug Free Workplace and drug testing policy. 15.Violence Policy. The Contractor must adopt a Violence in the Workplace and related hiring 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 if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Director of Information Systems P.O. Box 9277 Corpus Christi,Texas 78469-9277 Fax No.: (361) 826-3735 E-mail: MichaelAr@cctexas.com IF TO CONTRACTOR: Contractor ActiveG,LLC Contact Person: Andrew Stewart Address: 1411 F.University Dr City, State,Zip: Mesa,Arizona,USA 85203 Phone No.: 480-610-0839 E-Mail: andy.stewart@activeG.com 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, 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' 3 FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS CONTRACT OR THE PERFORMANCE OF THIS 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. CONTRACTOR MUST,ATITS OWNEXPENSE,INVESTIGATEALL CLAIMSAND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO INDEMNITEES AND PAYALL CHARGES OF ATTORNEYAND 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 SIGNED this 26 day of JIJCI@ , 2014. Contractor ActiveG, LLC Digitally signed by Andy Stewatt DN:e-Andy Stewart o=artivie(',ou, f" +--C`JUL^^-^-/ Cam"'"J""' e!mail=andyscewart(aactiveg.com,-u5 tt pate:2014.06.26 08:58:27-07'00' Andrew Stewart Title: Man n Partner CITY OF CORPUS CHRISTI Christela Morales Procurement Manager Exhibit A: ActiveG proposal dated June 14,2014 Exhibit B: Insurance Requirements 4 CITY OF CORPUS CHRISTI SERVICE AGREEMENT PURCHASING DIVISION EXHIBIT A: Contractor's proposal is available upon request. EXHIBIT B: Insurance Requirements are available upon request. 10s IT AGENDA MEMORANDUM Future Item for the City Council Meeting of July 8, 2014 ag Action Item for the City Council Meeting of July 15, 2014 DATE: June 5, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com (361) 826-3897 FROM: Daniel Biles, P.E., Executive Director, Public Works DanB @cctexas.com (361) 826-3729 Mark Van Vleck, P.E., Executive Director, Utilities MarkVV @cctexas.com (361) 826-1874 Engineering Construction Contract Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement CAPTION: Motion authorizing the City Manager or designee to execute a construction contract with Palacios Marine & Industrial Coating, Inc. of Palacios, Texas in the amount of $716,043.51, for the Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement for the base bid. PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract with Palacios Marine & Industrial Coating, Inc. for the Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement for the base bid. BACKGROUND AND FINDINGS: This project involves the rehabilitation and replacement of the aging equipment on the clarifiers, anaerobic digesters, and other structures which have reached the end of their useful service life at the Greenwood Wastewater Treatment Plant. Repairs and replacement will be completed to ensure continued, efficient treatment operations. On May 21, 2014, the City received proposal from three (3) bidders and their respective bids are as follows: Contractor Base Bid Palacios Marine & Industrial Coating, Inc. Palacios, TX $716,043.51 Manhan Foundation & Contractors, LLC Corpus Christi, TX $735,000.00 J.S. Haren Company $837,000.00 Athens, TN ALTERNATIVES: 1. Authorize the execution of the construction contract. 2. Do not authorize the execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year Project to 2013-2014 Date Current Year Future Years TOTALS Expenditures Line Item Budget $750,000.00 $400,000.00 $1,150,000.00 Encumbered / Expended Amount $88,234.00 $88,234.00 This Item $500,000.00 $216,043.51 $716,043.51 Future Anticipated Expenditures This Project $117,832.49 $0.00 $117,832.49 BALANCE $43,933.51 $183,956.49 $227,890.00 Fund(s): Wastewater CIP#18 Comments: This project requires approximately 210 calendar days with anticipated completion March 2015. The amendment will result in the expenditure of an amount not to exceed $716,043.51. RECOMMENDATION: City Staff recommends approval of the construction contract with Palacios Marine & Industrial Coating, Inc. of Palacios, Texas in the amount of $716,043.51, for the Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement for the base bid. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation PROJECT BUDGET Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement FUNDS AVAILABLE: Wastewater CIP 2014.......................................................................................... $750,000 Wastewater CIP 2015.......................................................................................... $400,000 TOTAL............................................................................................................ $1,150,000 FUNDS REQUIRED: Construction (Palacios Marine & Industrial Coating, Inc.)............................................. $716,043 Contingencies (10%)............................................................................................ $71,604 Engineer Fees: *Engineer(Urban Engineering)............................................................................... $49,840 **Engineer Amendment No. 1 (Urban Engineering)..................................................... $32,710 TestingEstimate............................................................................................. $10,741 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance)............................ $12,531 Engineering Services (Project Mgmt/Constr Mgmt/Traffic Mgmt/Land Acq Svcs)............... $23,271 Misc.................................................................................................................. $5,370 TOTAL.............................................................................................................. $922,110 PROJECT BUDGET BALANCE............................................................................. $227,890 *Administrative Approval on August 16, 2013 **Approved by City Council on April 15, 2014 by Motion No. M2014-048 e II i PROJECT LOCATION #E11302 v « J API i u 9 1; Greenwood Wastewater Treatment CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS Plant Process Rehabilitation/ DEPARM NT OF CAPITAL PROGRAMS Replacement (El 3026) PAGE 1 OF 1 ?--I � � 0 � � N c� � o0 '--� � � � -�.+ � � � � � � .,--, V � � � � � O H � U � � .}.� V � � � � -�.+ G� O ,.� •� O c� . 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O N 6c3 6c3 6c3 6c3 6c3 6c3 co U U 4-j Q 0 h./ O J O v N LL 0) O � U Z O W O V O o (y) U o U L �O U) n O 0 L LU O � U cfl LO ^^L LL 0 W D Q 06 L N Q O O c� Z �j o a O N �- > O LU "T LO o .0o a' 0 N w Qv o0NN c� 0 w � � .� O Q _ 0 U Qaa c� � obi Q Q L L .� a Q E O W QO N O L U N U N L N � W L y'' L U to Z H Z > > C w 0 H O O O � w FD -0 U O Q LL LL W Q 0� Q W H a Q F, �a SC Q 'M0ORPORP11 1852 AGENDA MEMORANDUM Future item for the City Council Meeting of July 8, 2014 Action item for the City Council Meeting of July 22, 2014 DATE: June 23, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo A. Gonzalez, P. E., Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com (361) 826-3897 FROM: Daniel Biles, P. E., Executive Director of Public Works danb @cctexas.com (361) 826-3729 Engineering Construction Contract Animal Control Remodel Improvements BOND 2012 CAPTION: Motion authorizing the City Manager or designee to execute a construction contract with LNV, Inc., of Corpus Christi, Texas in the amount of $879,550.00, for the Animal Control Remodel Improvements for the Base Bid with Additive Bid Alternate #1 (Crematorium incinerator) and Additive Bid #2 (Dedicated outside air HVAC system). (Bond 2012) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute the construction contract with LNV, Inc. for the Animal Control Remodel Improvements BOND 2012. BACKGROUND AND FINDINGS: This project proposes of addition and remodel of an existing Euthanasia Facility located at the City Service Center including selective demolition of interior and exterior elements of the existing building. In addition to base bid, this project includes construction of a new crematorium incinerator (Additive Bid Alternate#1) and installation of a dedicated outside air HVAC system (Additive Bid Alternate#2). On May 20, 2014, the City received proposals from three (3) bidders and the bidders and their respective bids are as follows: Hoover Construction Co. Inc. LNV, Inc. Barcom Construction, Inc. P.O. Box 457 801 Navigation, Suite 300 5826 Bear Lane Burnet, TX 78611 Corpus Christi, TX 78408 Corpus Christi, TX 78405 Base Bid $757,292.00 $753,700.00 $770,000.00 Additive Alternate#1 $145,925.00 $112,500.00 $144,000.00 Additive Alternate#2 $21,840.00 $13,350.00 $77,000.00 K:\ENGINEERING\LEGISTAR\7-JULY 8\ANIMAL CONTROL BOND 2012\AGENDA MEMO-ANIMAL CONTROL REMODEL.DOCX Additive Alternate#3 $85,215.00 $76,450.00 $0.00 Additive Alternate#4 $82,350.00 $64,700.00 $71,000.00 Additive Alternate#5 $154,080.00 $123,700.00 $98,000.00 ALTERNATIVES: 1. Authorize execution the construction contract. 2. Do not authorize execution the construction contract. (Not Recommended) OTHER CONSIDERATIONS: Due to budget constraint, the work scope of this construction contract includes Base Bid, Additive Bid Alternate #1 (Crematorium incinerator) and Additive Bid Alternate #2 (Dedicated outside air HVAC system). Additive Bid Alternate #3 (Emergency Generator), Additive Bid Alternate #4 (Stainless steel cages) and Additive Bid Alternate #5 (Pre-engineered steel shade infrastructure) are unable to award at this time. CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria and FY 2014-2015 Capital Improvement Planning (CIP) Budget. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Police Department FINANCIAL IMPACT: Fiscal Year Project to Date 2013-2014 Expenditures Current Year Future Years TOTALS (CIP only) $288,000.00 $862,000.00 $1,150,000.00 Encumbered / 288,000.00 288,000.00 Expended Amount This item 879,550.00 879,550.00 Future Anticipated Expenditures This 17,550.00 0.00 17,550.00 Project BALANCE $0.00 $0.00 $0.00 $0.00 Fund(s): Comments: Estimated date of completion is April 2015. RECOMMENDATION: City staff recommends that the construction contract be awarded to LNV, Inc. of Corpus Christi, and Texas in the amount of$879,550.00 for the Animal Control Remodel Improvements BOND 2012. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map K:\ENGINEERING\LEGISTAR\7-JULY 8\ANIMAL CONTROL BOND 2012\AGENDA MEMO-ANIMAL CONTROL REMODEL.DOCX PROJECT BUDGET ESTIMATE Animal Control Remodel/Improvements (Bond 2012) (Project No. E12111) PROJECT FUNDS AVAILABLE: Bond 2012.............................................................................................. $1,150,000 FUNDS REQUIRED: Construction (LNV, Inc.)........................................................................... 879,550 Contingency (10%).................................................................................. 87,955 Design Fees: Engineer Design (Chuck Anastos, AIA) ...................................................... 98,300 Geotechnical Study and Testing (Rock Engineering) ..................................... 4,400 Construction Materials Testing (Estimated)................................................... 4,000 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance)................... 11,500 Engineering Services (Project Mgmt/Constr Mgmt/Construction Inspection)......... 58,000 Misc...................................................................................................... 6,295 TOTAL................................................................................................ 1,150,000 ESTIMATED PROJECT BUDGET BALANCE............................................... $0 h r uuul � 1r � � r �NiO� l t sir / jar%rl i i r I1UyI I � ' r� I Jr� Project Location ullll lli,„"�I luau // r 111 � 6 r r � r �r a " i of rp y ,a l� LOCATION MAP NOT TO SCALE PROJECT# E12111 Animal Control Remodel CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS improvements Bond 2012 PAGE: 1 OF 1 to E d� O 0 • I RI, � 0. 4-j N i +j rU4 •�--� ~ N � � N o A a� Z � O o U f�J VI Ln CL C.f0 4 0 0- (1) �i 5 -2 ;--1 ate-+ V) (D I u � f r s r f e vi E Ln CL :3 LL LCL 41 00- u m u et 16.4 P.-.4 LL u O I_- 0 T)— t" Q cq 4-A z 4-A CL fir/ ;,�� rc 4) CA En 4-A 16.4 r\j Q7 vi r\j E .c 0 Ln CL :3 CL M 00- u m u C) C) LO C) C) C) LO C) C) C) LO LO C) CD C) m C) V> C� LQ Cr CII 'q- ID rl-� C� C) m I— m I-T I-T LO C) LO r— r— LO co 4-j b,O 4-j Ld 70 LU L) 0 w Lli 0 LU Im L) F L) C w -g cn w D >� -0 70 z z --i C) c -R 0) C/) s= IL LL CY F= a C\i LL, o L) C) L) .0 (1) w c E Z5 CV 0 L) Lu (D 0) L) L S L 70 z W W c C 0 C O 0 0 c 0) W 0 FD 0 [L. M LL. C) U LU (D C) Of H w �vs c A AGENDA MEMORANDUM P"ORPORP1,-0 Future Item for the City Council Meeting of July 8, 2014 1852 Action Item for the City Council Meeting of July 15, 2014 DATE: June 6, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com (361) 826-3897 THRU: Daniel Biles, P. E., Executive Director of Public Works danb @cctexas.com (361) 826-3729 FROM: Natasha Fudge, P. E., Acting Director of Capital Programs natashaf@cctexas.com (361) 826-3504 Valerie Gray, P. E., Director of Street Operations valerieg@cctexas.com (361) 826-1875 Advance Funding Agreement with TXDOT and Amendment No. 1 to Engineering Design Contract Citywide Signage Upgrades and Citywide Street Overlay CAPTION: Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for Citywide Signage Upgrade and Citywide Street Overlay with the City's participation in the amount of $283,999 (alongside TXDOT's participation of $1,136,004); and authorizing the City Manager or designee to execute Amendment No. 1 to an Engineering Design Contract with Govind Development, LLC from Corpus Christi, Texas in the amount of $139,335, for a total re-stated fee of $183,335, for Citywide Signage Upgrade and Citywide Street Overlay for the design, bid, and construction phase services. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for Citywide Signage Upgrade and Citywide Street Overlay with the City's participation in the amount of $283,999 (alongside TXDOT's participation of $1,136,004 and to obtain authority to execute Amendment No. 1 to an Engineering Design Contract with Govind Development, LLC for Citywide Signage Upgrade and Citywide Street Overlay Project so design work may continue. BACKGROUND AND FINDINGS: The scope of work for the Citywide Signage Upgrade and Citywide Street Overlay, as included in the Advanced Funding Agreement with TXDOT and Amendment No.1 , is as described below: Citywide Signage Upgrade Citywide Signage Upgrade will include the roadway signage for collector and arterial roads as identified in Delivery Order Nos. 1 - 5 in the City of Corpus Street Preventative Maintenance program. Signs considered will be within 15-feet of intersecting streets. These upgrades will consist of signage assemblies and aprons to meet TXDOT and City standards with all street name blades being 9-inch extruded with the first letter capitalized. Shown on the attached Street Listing and Location Maps are the 32-streets (approximately 475 signs) prioritized for the referenced improvements. Citywide Street Overlay The Citywide Street Overlay Project consists of a street overlay for Columbia Street between Horne Road and Villarreal Street and a street overlay for Lipan Street between Palm Drive and North 19th Street. This scope of work includes a spot check for base repairs, "rolled" sections of curb and gutter repairs, ADA curb/ramp improvements and a hot mix asphaltic concrete surface course street overlay. The current roadway section for Columbia Street is two (2) travel lanes, one (1) lane in each direction. The current roadway section for Lipan Street is four (4) travel lanes, two (2) in each direction. The proposed Amendment No. 1 allows Govind Development, LLC to move forward on the remaining Engineering Design for the Citywide Signage Upgrade and Citywide Street Overlay consisting of a Design Phase, Bid Phase, Construction Administration Phase and Additional Services. ALTERNATIVES: 1. Authorize execution of the Advance Funding Agreement and Amendment No. 1. (Recommended) 2. Do not authorize execution of the Advance Funding Agreement and Amendment No. 1. (Not recommended) OTHER CONSIDERATIONS: The original Small A/E Agreement for Architect/Engineering Consultant Services was executed on May 16, 2014 to provide Professional Services for the Preliminary Design for the Citywide Signage Upgrade and Citywide Street Overlay. CONFORMITY TO CITY POLICY: The Engineering Design Contract and selection process comply with the Professional Procurement Act and City Policy. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTALCLEARANCES: Street Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year Expenditures Current Year Future TOTALS 2013-2014 (CIP only) Years Line Item Budget $0.00 $1,738,543.53 $0.00 $1,738,543.53 Encumbered / Expended $0.00 $0.00 $0.00 $0.00 Amount This item $0.00 $283,999.00 $0.00 $283,999.00 Advance Funding Agreement This item $0.00 $139,335.00 $0.00 $139,335.00 Amendment No. 1 Future Anticipated $0.00 $1,314,895.53 $0.00 $1,314,895.53 Expenditures BALANCE $0.00 $314.00 $0.0 $314.00 Fund(s): Street Operating Fund. COMMENTS: Not applicable. RECOMMENDATION: City Staff recommends the approval of the Advance Funding Agreement and the Amendment No. 1 to the Engineering Design Contract with Govind Development, LLC so design may be completed by the end of June 2014. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Advance Funding Agreement Amendment No. 1 Presentation Street Listing City of Corpus Christi, Texas Citywide Signage Upgrade Citywide Signage Upgrade will include the roadway signage for collector and arterial roads as identified in Delivery Order Nos. 1 - 5 in the City of Corpus Street Preventative Maintenance program. Signs considered will be within 15-feet of intersecting streets. These upgrades will consist of signage assemblies and aprons to meet TXDOT and City standards with all street name blades being 9-inch extruded with the first letter capitalized. Below are the 32 streets (approximately 475 signs) identified for these improvements and as shown on the Location Maps. 1. Baldwin Boulevard from Airport to Morgan 2. Nineteenth Street from Hospital to Buford Delivery 3. Agnes Street from Shawnee to Baldwin Boulevard Order 4. Port Street from Sonora to Baldwin Boulevard No. 1 5. Angela Street from Horne Road to West Point 6. Eighteenth Street from Isabel to Prescott 7. Comanche from Port Avenue to Palm Street 8. Waldron Road from Claire to Padre Island Drive 9. Graham Road from Meeks to Flour Bluff Drive Delivery 10. Compton Road from Waldron Road to First National Order 11. Yorktown Boulevard from Oso Creek Bridge to Flour Bluff Drive No. 2 12. Matlock Street from Behrman to McIver 13. St. Francis Street from St. Benedict Court to Dominic Court 14. Glenoak from Flour Bluff Drive to Waldron Road 15. Yorktown Boulevard from Starry to Oso Creek Bride (East). 16. Cedar Pass Drive from Sun Valley Drive to Holly Ridge 17. Cedar Pass Drive from Holly Ridge to Aspen Grove 18. Sun Valley Drive from Snowmass Street to Eldora Drive Delivery 19. Woodway Drive from Brooked a to Windbrook Lane Order 20. Everhart Road from Holly Road to May Street No. 3 21. Sanders Drive from Coody Drive to Snead Drive 22. Dunbarton Oak from Patti Drive to Sudbury Road 23. Dunbarton Oak from Durham Drive to Earnhart 24. Victoria Park from Quebec to Oso Parkway 25. S ohn South from Saratoga Boulevard to S ohn Drive Delivery 26. Li an Street from Palm Drive to Nineteenth Street Order 27. Elizabeth Street from Second Street to Fifth Street No. 4 28. Leopard Street from Nueces Bay to Up River Road Delivery 29• Bear Lane from Junior Beck to Heinsohn Road Order 30. Columbia Street from Horne Road to Villarreal Street O rd 5 31. Weber Road from Barnes Street to Bradford 32. Gollihar Road from Cottage to Townsend r�T .. r 1 A main 0 MM JIM KIM I loll RL Elm I III III =1M Wiffil 101 1 1 j- 'g!1111m; ISO 11 111111JLILIIUI �� lien, III Citywide Signage Upgrade Street Preventative W. ." , Maintenance Ell oil 1101il KWON mm ����1 Mal go Ono nom wrr�rw 0 ,I r�s rrrr� �! iffullu Citywide Will �, ,. � Street Preventative! DEPARMENT OF CAPITAL PROGRAMS PAGE 2 OF 5 Maintenance L TF b w �a8 R HAM R 10 Jul u HGLGY RDp 1?1V'1PION RD —T�OlLDRIDGE RD Id ROUETR91) 24 a LENO OR TE cc c� 0 as RAN1IE4 a R[) LU R LOCATION MAP NOT TO SCALE Citywide Signage Upgrade - CITY CP CORPUS a CH ISTI, TEXAS Street Preventative a YEI='A6 MENT OF CAPITAL PROGRAMS Maintenance PAGE 3 OF 5 � �?� ;% ���' �j r" erk'r�r, ✓. ,/��'� r �'6 rr II,�, %YV' ,K �,,ro r r r`� � m 1 f�rv/ ;, n,'p4,/��/ �/%✓� s(� n. r %D/� "'-//���;�.,, 7� �!`,,.,{�Vff7 r ,,.. �,, fir^ ��. �r �"!�' '� al�� i � � ��N �flt�iW'�� f W j �/�{, ,^w n•�d� o-����i, r v rr it w i�«1 s r r, r I f / r olumbi 1.. t Street ° % tt�it fl i, o tole 1 ( .i �m r �`V r r gm a u rwo r v l!r� �'''"w4 �° r I ��liPo f � °r ' ,, i � r✓I� � �« I "i ;, �I�r f���'���� � r � r r ,�l t II 6 a / � ,,�p,� ✓ �.� kit/. �� !f J � � {� p r'/ � � Y � yv dd r i ln, ill/ /ii.,, u ,' U /i%/ i/ // w Ciltyw de Street Overlay CITE' OF CORPUS CHRISTI, TEXAS Columbia Street Overlay between DEPARMENT OF CAPITAL PROGRAMS Home Road and Villarreal Street PAGE 4 OF r . r / r ,., i r I Wyly li 6 f M ill J y� i r � w r�i�f/�/"' „� �,I ..,' �i�i�iu�iiivara,r,✓!� a „�i Ilw°Iii�,rii /IJ�n�Jd��'"/ND��%%r„!l�/!//r�/iii 1 111101 �� d• w � / u G�i 2r ,wY �', ,. ��w .w ��� ii �u, � J I G!` I�WW�I j a I�GI�m Ir i �i ron mw 0 ILr et 6 m Gy'y �I � l w✓nb/� w � � iir � �� kw fJ ,,,. i ll�a�U o�xk� n J i uo q I I i u � 'C v M ii �-. rrmllly iii D / I wwr i/ v° i(,,, i��l��ll�'Jr��, � r,,,.�frl �y� �✓ -,�W // i � /o. �� ` A`h, �. � � u � Fw �l i � , „ � �`wfi,l�✓l✓lwlra�� ,�: /,I„ '� $; � �r � -/J' i ,i 1,,,10 �„ ; f', w� I/ MR i w Citywide Street Overlay CITY OF CORPUS CHRISTI, TEXAS Lipa n Street Overlay between DEPARMENT OF CAPITAL PROGRAMSi i Palm Drive and N. 191th Street PAGE AMENDMENT NO. 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 Govind Development, LLC, a Texas corporation, 9359 IH 37, Suite A, Corpus Christi, Nueces County, Texas 78409, (Architect/Engineer—A/E), hereby agree as follows: 1. SCOPE OF PROJECT Citywide Signage Upgrade and Citywide Street Overlay (Project No. Ell 2215) Citywide Signage Upgrade-Signage Upgrades will include the roadway signage for collector and arterial roads as identified in Delivery Orders#1 through#5 in the City of Corpus Street Preventative Maintenance program. Signs considered will be within 15-feet of intersecting streets. These upgrades will consist of signage assemblies and aprons to meet TxDOT and City standards with all street name blades being 9-inch extruded with the first letter capitalized. Shown on the attached "Exhibit A-1 AFA Street Listing' and"Locator Map(s)"are the 32 streets(approx.475 signs) prioritized for the referenced improvements. Citywide Street Overlay-The Street Overlay Project,which is shown in the attached Exhibit A-1 Project Location Map, will consist of a street overlay for Columbia Street between Horne Road and Villareal Street and a street overlay for Lipan Street between N. Palm Drive and N. 19th Street. This scope of work includes a spot check for base repairs, "rolled" sections of curb & gutter repairs, ADA curb/ramp improvements and a hot mix asphaltic concrete surface course street overlay. The current roadway section for Columbia Street is two (2) travel lanes, one (1) lane in each direction. The current roadway section for Lipan Street is four(4) travel lanes, two (2) in each direction. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices)and provide contract administration services, as described in Exhibit"A" and "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. Amendment No.1 Contract for Engineering(A/E)Services Page 1 of 4 KIENGINEERING DATAEXCHANGE%VELMAP%STREErE12215 CITYWIDE STREET OVERLAY AND SEALCOAT IDIO PILOT PROGRARAGOVIND CnWI YDE SIGNAGE UPGRADES STREET OVERLAYVIMENDMENT NO.1 CONTRACTI7 CONTRACT PROFESSIONAL SERVICES.DOC 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 $139.335.00 (One Hundred Thirty Nine Thousand Three Hundred Thirty Five Dollars and Zero Cents), for a total re-stated fee not to exceed $183,335.00 (One Hundred Eighty Three Thousand Three Hundred Thirty Five 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.) Amendment No.1 Contract for Engineering(A/E)Services Page 2 of 4 K%ENGINEERING DATAEXCHANGEWELMAP%STREE nE72215 CITYWIDE STREET OVERLAY AND SEALCOAT IDIO PILOT PROGRAKGOVIND CITYWIDE SIGNAGE UPGRADES STREET OVERLAYVIMENDMENT NO.1 CONTRACT%1 CONTRACT PROFESSIONAL SERVICES.DOC 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, contractors field data, and submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the Director of Engineering Services. However,the A/E may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re-use of modified plans. 10. DISCLOSURE OF INTEREST A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. CITY OF CORPUS CHRISTI GOVIND DEVELOPMENT, LLC Natasha Fudge, P. E,, Date GovindN-iTkarfi-i, P. E. at' ' Acting Director, Capital Programs President 9359 IH 37, Suite A Corpus Christi, TX 78409 RECOMMENDED (361) 241-2777 Office (361) 241-2200, Fax Operating Department Date APPROVED Office of Management Date and Budget Amendment No. 1 Contract for Engineering(NE)Services Page 3 of 4 K IENGINEFRING DATAEXC HANG BVELMAMSTRE EUE 12215 CITYWIDE STREET OVERLAY AND SEALCOAT 010 PILOT PROGRAWGOVIND CITYWIDE SIGNAGE UPGRADES STREET OVERLAY"ENDMENT NO I CONTRACT)t CONTRACT PROFESSIONAL SERVICES,DOC ATTEST Rebecca Huerta, City Secretary Project No. E12215 Fund Source No. 530000-1041-12415-E12215 Fund Source Name: Streets Fund Encumbrance No. Amendment No.1 Contract for Engineering(AIE)Services Page 4 of 4 KIENGINEERING DATAEXCHANGEIVELMAPISTREE nEI2215 CITYWIDE STREET OVERLAY AND SEALCOAT IDIO PILOT PROGRAMIGOVIND CITYWIDE SIGNAGE UPGRADES STREET OVERLAYVIMENDMENT NO.1 CONTRACTII CONTRACT PROFESSIONAL SERVICES.DOC EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS CITYWIDE SIGNAGE UPGRADES AND STREET OVERLAY PROJECT NO. E12215 AMENDMENT NO. 1 I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. No Preliminary Phase Services on Amendment No. 1. Preliminary Phase Services provided under the original contract. The records provided for AIE's use under this contract are proprietary, copyrighted, and authorized for use only by AIE, and only for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Prepare construction plans in compliance with CPPSCF using English units on 11"x 17". 1. Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. 2. Provide Storm Water Pollution Prevention Plan, including construction drawings. b) Furnish one (1) set of the interim plans (60% submittal - electronic and hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Attend 60% submittal meeting with City Staff to assist staff in review of 60% submittal. c) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. AMEND. NO. 1 EXHIBIT "A" Page 1 of 5 Revised November 26.2013 K%ENGINE-21VELMAP%STREET 1E12215-21GOVINO-1VIMENOM-1.1COIEXNISIT A 2 Signage Upgrades and Overlay Amendment Proposal Ravi 05 22 2014 dean.dm d) Provide one (1) set of the final (100%) plans (unsealed and unstamped - electronic and full-size hard copy using City Standards as applicable) for City's final review. e) Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and full-size hard copy using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. f) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all submittals of the interim, pre-final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee. Consultant has not adequately addressed City-provided review comments or provided submittals in accordance with City standards. The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. c) Provide electronic copy the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a) Prepare draft Authorization to Advertise (ATA). b) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. c) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. d) Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. e) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. f) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its AMEND. NO. 1 EXHIBIT "A" Page 2 of 5 Revised November 26,2013 K%ENGINE-21VELMAPISTREET1E12215-21GOVIND-1VIMENOM-1.1COIEXMIBIT A 2 Signaga Upgrades and Overlay Amendment Proposal Rovt 0622 2014 deandocx expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re-advertise that particular portion of the Project for bids. g) Prepare Agenda Memoranda and PowerPoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. c) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase. The A/E will perform contract administration to include the following: a) Participate in pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. c) 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. d) Prepare change orders as authorized by the City; provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Review, evaluate and recommend for City consideration Contractor Value Engineering proposal. The City staff will: a) Prepare applications/estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the AMEND. NO. 1 EXHIBIT "A" Page 3 of 5 Revised November 26,2013 K:I ENGINE-21VELMAPISTREE'nE12215-21GOWND-1%AMENDM-1.1CO%EXN[BIT A 2 Signage Upgrades and Overlay Amendment Proposal Ravi 0522 2014 dean.dooc Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following:: 1. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a. Texas Department of Licensing and Regulation (TDLR ) 2. Topographic Survey All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors'D Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Locate improvements within the apparent ROW. b) Generate electronic planimetric base map for use in project design. Planimetric base map will be limited to locating proposed ADA ramp locations, proposed sidewalk locations, rolled curb and gutter and establishing project baseline for Columbia Street and Lipan Street improvements Provide the services above authorized in addition to those items shown on Exhibit "A-1" Task List, which provides supplemental description to Exhibit "A". Note: The Exhibit "A- 1" Task List does not supersede Exhibit"A". II. PROJECT SCHEDULE Date Activity May 27, 2014 Notice To Proceed May 30, 2014 60% Design Submittal June 06, 2014 TXDOT/City Review July 01, 2014 100% Final Submittal July 14, 2014 Advertise for Bids August 18, 2014 Pre-Bid Conference September 1, 2014 Receive Bids August 30, 2014 Contract Award October 6,2014 Begin Construction January 30, 2015 Complete Construction AMEND. NO. 1 EXHIBIT"A" Page 4 of 5 Revised November 26,2013 K1ENGINE-2tVELMAPISTREET1E12215-21GOVIND-1VAMENDM-1.1CO%EMIOIT A 2 SVw3ga Upgrades 8M Overlay AmeW=nt Proposal Rev1 05 22 2014 deandoa 111. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided, A/E will submit monthly statements for services rendered. The statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the 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 ORIGINAL AMEND. NO. TOTAL CONTRACT 1 BASIC SERVICES 1 Preliminary Phase $44,000.00 $0.00 $44,000.00 2 Design Phase 0.00 103,185.00 103,185.00 3 Bid Phase 0.00 4,400.00 4,400.00 4 Construction Phase 0.00 17,500.00 17,500.00 Subtotal Basic Services 44,0-00.00 125,085.00 169,085.00 ADDITIONAL SERVICES 1 Permit Preparation 0.00 4,250.00 4,250.00 2 Topographic Survey 0.00 10,000.00 10,000.00 Subtotal Additional Services 0.00 14,250.00 14,250.00 TOTAL $44,000-001 $139,335.00 $183,335.00 05/16/14 Admin Approv M2014- *Additional Services which are requested to be authorized in coordination with the notice to proceed for Basic Services. AMEND. NO. 1 EXHIBIT "A" Page 5 of 5 Revised November 26.2013 KI ENGINE-2WELMAPI STREET%Et2215-21GOVMD-1VIMENOM-1.1CO*MIBITA2 SWop Upgrades antl Oveday Amendment Proposal Ravi 0522 2014 dwmd= EXHIBIT "A-1" TASK LIST (Provides supplemental description to Exhibit 'A'. Task List does not supersede Exhibit 'A'.) CITY OF CORPUS CHRISTI, TEXAS Citywide Signage Upgrades and Street Overlay Project No. E12215 Basic Services 1) Project includes providing existing sign locations and new sign installation for collector and arterial streets in the City of Corpus Christi Delivery Orders 1-5. Project scope includes upgrades foundation, pole assembly, and signage. Delivery Order# 1: a. Baldwin Blvd from Airport to Morgan b. Nineteenth Street from Hospital to Buford c. Agnes Street from Shawnee to Baldwin Blvd d. Port Street from Sonora to Baldwin Blvd e. Angela Street from Horne Road to West Point f. Eighteenth Street from Isabel to Prescott g. Comanche from Port Avenue to Palm Street Delivery Order#2: a. Waldron Road from Claire to Padre Island Drive b. Graham Road from Meeks to Flour Bluff Drive c. Campton Road from Waldron Road to First National d. Yorktown Blvd from Oso Creek Bridge to Flour Bluff Drive e. Matlock Street from Behrman to McIver f. St Francis Street from St. Benedict Ct. to St. Dominic Ct. g. Glenoak from Flour Bluff Drive to Waldron Road Delivery Order# 3: a. Yorktown Blvd from Starry to Oso Creek Bridge (East) b. Cedar Pass from Sun Valley Drive to Holly Ridge e. Cedar Pass Drive from Holly Ridge to Aspen Grove c. Sun Valley Drive from Snowmass Street to Eldora Drive d. Woodway Drive from Brookedge to Windbrook Lane f. Everhart Road from Holly Road to May Street g. Sanders Drive from Coody Drive to Snead Drive h. Dunbarton Oak from Patti Drive to Sudbury Road i. Dunbarton Oak from Durham Drive to Earnhart j. Victoria Park from Quebec to Oso Parkway j. Spohn South from Saratoga Blvd to Spohn Drive Delivery Order#4: a. Lipan Street from Palm Drive to Nineteenth Street b. Elizabeth Street from Second Street to Fifth Street c. Leopard Street from Nueces Bay and Up River Road AMEND. NO. 1 EXHIBIT "A-1" Pa e 1 of 2 Delivery Order# 5: a. Bear Lane from Jr Beck to Heinsohn Road b. Columbia Street from Horne Road to Villarreal Street c. Weber Road from Barnes Street to Bradford d. Gollihar Rd from Cottage to Townsend 2. Provide Engineering Services for the Overlay Design of Columbia Street from Horne Road to Villarreal Street and Lipan Street from Palm Drive to Nineteenth Street. Resurfacing will include spot base repairs, ADA compliant curb ramps, rolled curb and gutter, and sidewalk installation. 3. Attend and participate in planning meetings with the City of Corpus Christi and TXDOT. 4. Prepare opinion of probable construction costs including contingency amounts. 5. Address comments received from the City of Corpus Christi and TXDOT 60% design submittal. 6. Address comments received from the City and TXDOT for final submittal. AMEND. NO.EXHIBIT "A21 Pa e2of2 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 $1,000,000 COMBINED SINGLE LIMIT including: 1. Broad Form 2. Premises-Operations 3. Products/Completed Operations 4. Contractual Liability 5. 1 ndependent 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, retro 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 EXHIBIT"B" Page 1 of 3 JAGEN VELMARFORMS%NEWFORMS%INDEMNIFICATIOMINDEMNIFICATION LARGE AE EXHIBIT B-OCT 2010.doex 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: i. Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. EXHIBIT"B" Page 2of3 JAGEN VELMAPI FORMS%NEWFORMSUNDEMNIFICATIONUNDEMNIFICATION LARGE AE EXHIBR B-0CT 2010.doac 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 Page 3 of JAGEN VELMARFORMSWEWFORMS%INDEMNIFICATIONIINDEMNIFICATION LARGE AE EXHIBIT B-OCT 2010.d= L: y O rr£I m FL w N CO) N , N a � 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000000 — O v- M O M M N V- cM T- N (L c U O O O O o o O Q Q Q o 0 0 0 0 O V)Cq o Lo O In to CO LO t O > b O ER V), !- C O V O t0 00000 O � o O m m m E9 O O O •> > E0* 64 bH � i C a - 0O0000 OoopH pH 0H ° oc b� O t o 0 notto C � � M N — � E > Ei} ¢ s 0 Cl 0 0 Co O O 1� Q Q Q 1� O 1- 1- LU ++ O O O O to O N N !h t0 M 0 0 1� to N O e- to m m m 1` N OI HX � F- O W N4., U V- 0 N O O O O O 0 0 1- Q Q Q 1- 0 1l- Il- O N Nm N� Z Z O N cc, I o w a. q r � r , - N Ui v V O V ER 6H Ei4 0 > E w Q > __ ¢ a a. c o ° 0 0 ° � N O 0 N O N N 2 bg o o m 0 O O C H H f- r- O � V- U Z r r � r N 69 is bR 6% a ow 0 o 00 0 0 0 0 Q cc 0 o 0 0 0 0 0 0 0 o O in m m o O O o ` ootr.) t ) 0 o PF,. Po 000 N cV � to NEf} N co O U N O v ch 4N) Z (D O u0, to V H 0 N m LL. v z ti chi d ° li cn Z H v a to c 'u) U) s Z -s3 0 c� O .Z Z -C m °- m m rn °- c co Q Z — u°'. E °' ii N ° o c g 0 g E eNV N o a o = y vo) cv °� U = ttu O m aom0co ¢ a � sa0cncn (a in EXHIBIT"C" Page 1 of 1 All ntMtNttt°aMINGtaaVISION SUPPLIER NUMBER wh TO BE City CITY OF CORPUS CHRISTI is DISCLOSURE OF INTEREST Chrawti 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 c taestion must be answered. If the question is not a p cable, answer with '" '✓A". See reverse sine for filing Requirements, Certifications and definitions. COMPANY NAME: Covind.Development,LLC P.0.BOX: N/A STREET ADDRESS: 9359 .III.-37,Suite A CITY: Corpus Christi ZIP: 78409 "ltt NS: d. Corporation 2. t art�ersarp 3, Sole Owner 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is ncccssar){,please use the reverse;side of this pa*c or attach separate sheet. 1. 'State the natnes or each "employee"" of the City of Corpus C wristi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Job "title and City Department(if known) ?. 'State the names of each "official"of the City of Corpus Christi leaving an-ownership interest" constituting 3%or more of the ownership in the above named-firm." Name "fide 3. State tine names of each "board member" of the City of Corpus Christi having an "ownership interest"constituting %or more of the ownership in the above named ""firm." Same Board, Commission or Committee 4" State the natraes of each employee or officer of a r"consultant" for the City of Corpus Christi who worked on arty matter related to the sl of this contract and has an -ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Consultant .... FILING REQUIREMENT if person who requests official action on a uaaatter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable froata the effect that the action will have on members of the public in general or as substantial segment thereof`,you shall disclose that fact in a signed writing to the City official,cnaployce or body that has been requested to act in the matter, unless the interest of tile City official or employee in the matter is a parent. The disclosure shall also be made in a signed writing filed with the City Secretary. °thics Ordinance Section 2-349(d)) CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that l have not knowingly withheld disclosure of any information requested, anad that supplemental statements wwAill be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Govind Nadkarni,P.E. Title. President ITYpe or Print) Signature of Certifying Date: 1 s Person: DEFINITIONS a. *'Board meuaaber," A member of any board„ contnaission, 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 riot as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial. and whether established to produce ordeal with a product or service, including but riot 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 organia_atious. c. "Official.", The Mayor, nacunbers of the City Council, City Manager, Deputy City Manager, Assistant City Managers. Department and Division pleads, and Municipal Court. Judges ofthe City of Corpus Christi, Texas. f *'Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a farm, including when such interest is held through ail 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. *'Consaultant."Any person or lima, such as engineers and architects, faired by the City of Corpus Christi for the purpose of lirofessional consultation and recommendation, CSJ #0916-35-180 District# CRP-16 Code Chart 64#09800 Project: City Wide Signage Upgrade Federal Highway Administration CFDA# 20.205 Not Research and Development STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT Off System For A City Wide Signage Upgrade THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, called the "State", and the City of Corpus Christi, acting by and through its duly authorized officials, called the "Local Government." WITNESSETH WHEREAS, a Master Agreement between the Local Government and the State has been adopted and states the general terms and conditions for transportation projects developed through this LPAFA; and, WHEREAS, the Texas Transportation Commission passed Minute Order Number that provides for the development of, and funding for, the Project described herein; and, WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by resolution or ordinance dated , 20_, which is attached to and made a part of this agreement as Attachment A for the development of the Project. A map showing the Project location appears in Attachment B, which is attached to and made a part of this agreement. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT 1. Period of the Agreement The period of this LPAFA is as stated in the Master Agreement, without exception. 2. Termination of this LPAFA Termination of this LPAFA shall be under the conditions as stated in the Master Agreement. This LPAFA may be terminated by the State if the Project is inactive for thirty-six (36) months or longer and no expenditures have been charged against federal funds. 3. Amendments Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. AFA-LPAFA_ShortGen.doc Page 1 of 8 Revised 05/23/2014 CSJ #0916-35-180 District# CRP-16 Code Chart 64#09800 Project: City Wide Signage Upgrade Federal Highway Administration CFDA# 20.205 Not Research and Development 4. Scope of Work The scope of work for this LPAFA is described as signage upgrades will include the roadway signage for collector and arterial roads as identified in Delivery Orders #1 through #5 in the City of Corpus Christi Street Preventative Maintenance Program. Signs considered will be within 15-feet of intersecting streets. These upgrades will consist of signage assemblies and aprons to meet Texas Department of Transportation and City standards with all street name blades being 9-inch extruded with the first letter capitalized. Shown on the attached "Exhibit A-1 AFA Street Listing and "Locator Map(s)" are the 32 streets (approx 475 signs) for the referenced improvement. 5. Right of Way and Real Property Right of way and real property shall be the responsibility of the Local Government as stated in the Master Agreement, without exception. 6. Utilities Adjustment of utilities will be provided by the Local Government as required and as stated in the Master Agreement, without exception. 7. Environmental Assessment and Mitigation Environmental assessment and mitigation will be carried out as stated in the Master Agreement. Additionally, before the advertisement for bids, the Local Government shall provide to the State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 8. Compliance with Texas Accessibility Standards and ADA Compliance with Texas Accessibility Standards and the Americans with Disabilities Act (ADA) will be as stated in the Master Agreement, without exception. 9. Architectural and Engineering Services Architectural and engineering services will be provided by the State as stated in the Master Agreement. The State is responsible for performance of any required architectural or preliminary engineering work. For projects on the state highway system, the design shall, at a minimum conform to applicable State manuals. For projects not on the state highway system, the design shall, at a minimum, conform to applicable American Association of State Highway and Transportation Officials design standards. The Local Government may review and comment on the work as required to accomplish the public purposes of the Local Government. The State will cooperate fully with the Local Government in accomplishing these local public purposes to the degree permitted by State and Federal law. 10. Construction Responsibilities Construction responsibilities will be carried out by the State as stated in the Master Agreement. 11. Project Maintenance Project maintenance will be undertaken as provided for in the Master Agreement, without exception. AFA-LPAFA_ShortGen.doc Page 2 of 8 Revised 05/23/2014 CSJ #0916-35-180 District# CRP-16 Code Chart 64#09800 Project: City Wide Signage Upgrade Federal Highway Administration CFDA# 20.205 Not Research and Development 12. Local Project Sources and Uses of Funds A. A Project Budget Estimate is provided in Attachment C. The State and the Federal Government will not reimburse the Local Government for any work performed before the federal spending authority is formally obligated to the Project by the Federal Highway Administration. After federal funds have been obligated, the State will send to the Local Government a copy of the formal documentation showing the obligation of funds including federal award information. The Local Government is responsible for one hundred percent (100%) of the cost of any work performed under its direction or control before the Federal spending authority is formally obligated. B. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Government must complete training before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures Qualification for the Texas Department of Transportation. The Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not designated a qualified individual to oversee the Project. C. A Source of Funds estimate based on the Transportation Improvement Program (TIP) is also provided in Attachment C. Attachment C shows the percentage and estimated dollar amount to be contributed to the project by federal, state, and local sources. The parties agree that the LPAFA may be amended from time to time as required to meet the funding commitments based on revisions to the TIP, Federal Project Authorization and Agreement (FPAA), or other federal document. D. The Local Government is responsible for all non-federal and non-state funding, including any project cost overruns, unless otherwise provided for in this agreement or through amendment of this agreement. E. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment C. At a minimum, this amount shall equal the Local Government's funding share for the estimated cost of preliminary engineering for the project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs. F. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. G. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's AFA-LPAFA_ShortGen.doc Page 3 of 8 Revised 05/23/2014 CSJ #0916-35-180 District# CRP-16 Code Chart 64#09800 Project: City Wide Signage Upgrade Federal Highway Administration CFDA# 20.205 Not Research and Development contractual obligations to the State under another advance funding agreement with approval by appropriate personnel of the Local Government. H. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the Local Government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. I. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Any entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. J. Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party. K. The Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by the State no more frequently than monthly and no later than ninety (90) days after costs are incurred. If the Local Government submits invoices more than ninety (90) days after the costs are incurred, and if federal funding is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs. 13. Document and Information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements, and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the Local Government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 14. Incorporation of Master Agreement Provisions This LPAFA incorporates all of the governing provisions of the Master Agreement in effect on the date of final execution of this LPAFA, unless an exception has been made in this agreement. 15. Insurance If this Agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of AFA-LPAFA_ShortGen.doc Page 4 of 8 Revised 05/23/2014 CSJ #0916-35-180 District# CRP-16 Code Chart 64#09800 Project: City Wide Signage Upgrade Federal Highway Administration CFDA# 20.205 Not Research and Development coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 16. Debarment Certification The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this Agreement, the Local Government certifies that it and its principals is not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party, to include principals, that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. 17. Cost Principles and Office of Management and Budget (OMB) Audit Requirements In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMB Circular A-87 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. 18. Notices All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to that party at the following address: Local Government: State: City of Corpus Christi Director of Contract Services Office City Manager Texas Department of Transportation 1201 Leopard St. 125 E. 11 " Street Corpus Christi, TX 78401 Austin, Texas 78701 All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party. 19. Civil Rights Compliance The Local Government shall comply with the regulations of the U.S. Department of Transportation as they relate to non-discrimination (49 CFR Part 21 and 23 CFR Part 200), and Executive Order AFA-LPAFA_ShortGen.doc Page 5 of 8 Revised 05/23/2014 CSJ #0916-35-180 District# CRP-16 Code Chart 64#09800 Project: City Wide Signage Upgrade Federal Highway Administration CFDA# 20.205 Not Research and Development 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). 20. Disadvantaged Business Enterprise (DBE) Program Requirements A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State's federally approved DBE program. C. The Local Government shall set an appropriate DBE goal consistent with the State's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision-making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally-Approved Disadvantaged Business Enterprise by Entity, and attachments found at web address http://ftp.dot.state.tx.us/pub/txdot-info/bop/dbe/mou/mou attachments.pdf. E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT)-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of DOT-assisted contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub-contractor) must include the following assurance: The contractor, sub-recipient, or sub-contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. 21. Federal Funding Accountability and Transparency Act Requirements A. Any recipient of funds under this Agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: http://www.gpo.gov/fdsys/pkq/FR-2010-09-14/pdf/2010-22705.pdf and http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22706.pdf B. The Local Government agrees that it shall: AFA-LPAFA_ShortGen.doc Page 6 of 8 Revised 05/23/2014 CSJ #0916-35-180 District# CRP-16 Code Chart 64#09800 Project: City Wide Signage Upgrade Federal Highway Administration CFDA# 20.205 Not Research and Development 1. Obtain and provide to the State a System for Award Management (SAM) number (Federal Acquisition Regulation, Part 4, Sub-part 4.11) if this award provides more than $25,000 in Federal funding. The SAM number may be obtained by visiting the SAM website whose address is: https://www.sam.gov/portal/public/SAM/ 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine-character number that allows the Federal government to track the distribution of federal money. The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website http://fedgov.dnb.com/webform; and 3. Report the total compensation and names of its top five (5) executives to the State if: i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 22. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-5027 ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133. B. If threshold expenditures of $750,000 or more are met during the Local Government's fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Audit Office, 125 E. 11 th Street, Austin, TX 78701 or contact TxDOT's Audit Office at http://www.txdot.gov/inside-txdot/office/audit/contact.html. C. If expenditures are less than $750,000 during the Local Government's fiscal year, the Local Government must submit a statement to TxDOT's Audit Office as follows: "We did not meet the $750,000 expenditure threshold and therefore, are not required to have a single audit performed for FY " D. For each year the project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year. 23. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. AFA-LPAFA_ShortGen.doc Page 7 of 8 Revised 05/23/2014 CSJ #0916-35-180 District# CRP-16 Code Chart 64#09800 Project: City Wide Signage Upgrade Federal Highway Administration CFDA# 20.205 Not Research and Development THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT Signature Typed or Printed Name Title Date THE STATE OF TEXAS Kenneth Stewart (Interim)Director of Contract Services Texas Department of Transportation Date AFA-LPAFA_ShortGen.doc Page 8 of 8 Revised 05/23/2014 CSJ #0916-35-180 District# CRP-16 Code Chart 64#09800 Project: City Wide Signage Upgrade Federal Highway Administration CFDA# 20.205 Not Research and Development ATTACHMENT A RESOLUTION OR ORDINANCE OND AFA-LPAFA_ShortGen.doc Page 1 of 1 Attachment A 1 + wi �, •' �w+v� . I " urw �.!1I "'" 7�,�"� NM�Mk ",�r� ir ` .�. Ill oil to hit JtRIT WHIrimill VIIIJI'll PH Ill 11111 MR,i MA sot fro"rlll��'�, IIIIII� • ��i i i ii i�iwui i iMMI li ul II III N 11 III'�'b 11 M.- w •wow ,i� Street Preventative Maintenance ' • CSJ #0916-35-180 District# CRP-16 Code Chart 64#09800 Project: City Wide Signage Upgrade Federal Highway Administration CFDA# 20.205 Not Research and Development ATTACHMENT B PROJECT LOCATION MAP Notc The nJum,bers shown Wow relate to "Exhibit ANNI AFA Street Usiting"for the SiJgnage Upgrade Identified in the AF'A, 44 Ob I Jill 141*14-4 N dWU 20 M OL 110ft RD V-1........... 2 "M LOCATION MAP NOT TO,SCALE Sign age Upgrades EXHIBIT A-i -Locator Map 0TY OF CORPUS CHRISTI,,TEXAS Sbwt P�reventafive DEPARMW OF CAPMAL PROGRAMS Afaintenance PAGE 2 OF AFA-LPAFA-ShortGen.doc Page 2 of 4 Attachment B CSJ #0916-35-180 District# CRP-16 Code Chart 64#09800 Project: City Wide Signage Upgrade Federal Highway Administration CFDA# 20.205 Not Research and Development ATTACHMENT B PROJECT LOCATION MAP Note,The nu tuber s owru below rely to "Exhibit A-1 AI A Street Lieitin ""for tine Siginagle Upgrade tdepti ed In the AFA,, r p ,w � V, ta 4 ro � d � DfMIDGE R 7' 24 atI at ftANIFINLO RO I 'LOCAVON MAP NOT TO SC!ALE Signage Upgrades- EXHIBIT A4!.Locator Map MY OF CORPUS CHR 9TO,TEXAS stroot PrOV0171SOV0 WmmEmr Of CArrm rftoeromla A AFA-LPAFA_ShortGen.doc Page 3 of 4 Attachment B CSJ #0916-35-180 District# CRP-16 Code Chart 64#09800 Project: City Wide Signage Upgrade Federal Highway Administration CFDA# 20.205 Not Research and Development 0HIOT"A-il, AFA Street U ting rN OF CORIPUS CHRISTL?SU S ,CitpWidle 5igna9e Up:r,9rades 19,2.01 Sigmel a UpWadet will include the noadhway si rapt„e l"aar cell+ertor erwd arterial roaids ias,identified lirw Delivery Orders l4#1 throu igh 45 In time 01yof Corpus Street Premitative Maintenance pmnrograarn:Signs considered will be within IS,feet of intersecting streets. These upgrades,will!consist of sii.Briage asse'm'nlntiiaes and aprons,to meet TxID T and aClty standards wraith all street name lmliodes being 9•tomci extruded with the Prs,t letter capil�allized,, Below,are the 32 streets(apiIPrrax 475 si'9ns�'id*raifled for these urruprovernen ts,andl as shown,on,the attached Locator I llapi!s): Dialiiwrerl+OnIer H L 1. Baldwin Blvdi, Fromm Aurp ott to Morgan 2. Nineteenth Street From Hospn�irtell"toHfuford 3,, Agnes Street From Shawnee to Baldwin(Blvd 4. Port Street From Sonora,to,Sald1win,Slydl S,. AnplWi Street.From Horne Boon teal estPotnt EIght:eenthStreet Fromi Isabetto Prescott 7 Comanche Fromm Port Ave.to Rallim Street IDellwrery Order#1 1 8. Waldron IRoadi From Claire to Padre lsta,ndl Drive 5. ralva w Road From Meelks,to Ftour IB,uuff Drive t � C nVton Road Fraam"Waldron Road tai First National 11. Yorktown,Blvd From,Oso Creek Br'iyd e to IFiieusur iBluff Derive 1Z Matlock Street From,Behar non to McIver 13, St Firanch,St From St,Benedict U to,Do lNr,Q- 1 4 Gleneak from Flour Btu"Drive to WaIdmn,Road thelivery Order d'3. i,S, Yorktown Ovdll From Starry to,Oso,Creek Bridge(East) 116 Cedar Pass From Sun Valley Dr to Holly Ridge ii' , C near Pass Drive From Holly Ridge to Aspen Grove tilt. 'Sun Valley Drive From Snnswnrmaass St to Eldora Der 119, weled'wrwr'auy Drive Fr rren Brookedge W indlbroolk Lil, 0, Everhart,Road l From IF olily uRoad to May Street 21,. Sanders,Drive From Coody Drive to,.Snead IIlDriwre U. Dunika'aiten leak From Pattl l ftvie to Smadlauary,IRd 23, Du nbaar'ten Oak From Durharm lDrto iEarniilwart. 24. Victoria Pork From, tue'bee to Oso Parkway .5. Span S eitb FrQm.Saratoga 8lvdl,to Spohn,I Drive, belIl'wreq Order It 4e 26.Upon Street from Palunm Drive to N11neteeanth Street 7.Eli' ,abeth Street From Second Street to FifthStreot 28.Leopard I Street(From Nuaces,Bay,to Qpa River Rd,. lC lirl erV Order 9'9m 29, (Bear Lane From Jr Beck to Heivsc phin IIB ' 0, Columbia Street Prom Home Road to,Villarreal Street 31.. We ber Road From Cairnes Streei soll1radfordl 32,. Gollihar Rd From Ut.ta a tmaTownsend AFA-LF nt B CSJ #0916-35-180 District# CRP-16 Code Chart 64#09800 Project: City Wide Signage Upgrade Federal Highway Administration CFDA# 20.205 Not Research and Development ATTACHMENT C PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS Costs will be allocated based on 80% Federal funding and 20% Local Government funding until the federal funding reaches the maximum obligated amount. The Local Government will then be responsible for 100% of the costs. Description otal Federal State Participation Local Participation [Estimated Participation ost % Cost % Cost % Cost Engineering 51,721.00 0% $0 0% $0 100% $51,721.00 (by Local) Construction $379,750.00 80% $303,800.00 0% $0 0% $75,950.00 (by Local) Subtotal $431,471.00 0% $303,808.00 0% $0 0% $127,671.00 Environmental $1,137.00 80% $0 0% $0 100% $1,137.00 Direct State Costs Right of Way $1,137.00 0% $0 0% $0 100% $1,137.00 Direct State Costs Engineering $2,275.00 0% $0 0% $0 100% $2,275.00 Direct State Costs Utility Direct $1,137.00 0% $0 0% $0 100% $1,137.00 State Costs Construction $1,979.00 0% $0 0% $0 100% $1,979.00 Direct State Costs Indirect State $26,751.00 0% $0 100% $26,751.00 0% $0 Costs TOTAL $ ,808.00 $26,751.00 $135,336.00 Initial payment by the Local Government to the State: $7,665.00 Payment by the Local Government to the State before construction: $75,950.00 Estimated total payment by the Local Government to the State $83,615.00 This is an estimate. The final amount of Local Government participation will be based on actual costs. AFA-LPAFA_ShortGen.doc Page 1 of 1 Attachment C CSJ #0916-35-181 District#16 City of Corpus Christi Code Chart 64#09800 Project: City Wide Overlay Federal Highway Administration CFDA#20.205 Not Research and Development TATE OF TEXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT Off System For A City Wide Overlay THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, called the "State", and the City of Corpus Christi, acting by and through its duly authorized officials, called the "Local Government." WITNESSETH WHEREAS, a Master Agreement between the Local Government and the State has been adopted and states the general terms and conditions for transportation projects developed through this LPAFA; and, WHEREAS, the Texas Transportation Commission passed Minute Order Number that provides for the development of, and funding for, the Project described herein; and, WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by resolution or ordinance dated , 20_, which is attached to and made a part of this agreement as Attachment A for the development of the Project. A map showing the Project location appears in Attachment B, which is attached to and made a part of this agreement. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT 1. Period of the Agreement The period of this LPAFA is as stated in the Master Agreement, without exception. 2. Termination of this LPAFA Termination of this LPAFA shall be under the conditions as stated in the Master Agreement. This LPAFA may be terminated by the State if the Project is inactive for thirty-six (36) months or longer and no expenditures have been charged against federal funds. 3. Amendments Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. AFA-LPAFA_ShortGen.doc Page 1 of 8 Revised 01/17/2014 CSJ #0916-35-181 District#16 City of Corpus Christi Code Chart 64#09800 Project: City Wide Overlay Federal Highway Administration CFDA#20.205 Not Research and Development 4. Scope of Work The Scope of Work for this Project, which is shown in the attached Exhibit A-1 -Project Location Map, consists of a street overlay for Columbia Street between Horne Road and Villarreal Street and a street overlay for Lipan Street between Palm Avenue and N. 19th Street. This scope of work includes a spot check for base repairs, "rolled" sections of curb & gutter repairs, ADA curb/ramp improvements and a hot mix asphaltic concrete surface course street overlay. The current roadway section for Columbia Street is two (2) travel lanes, one (1) lane in each direction. The current roadway section for Lipan Street is four (4) travel lanes, two (2) in each direction. 5. Right of Way and Real Property Right of way and real property shall be the responsibility of the Local Government as stated in the Master Agreement, without exception. 6. Utilities Adjustment of utilities will be provided by the Local Government as required and as stated in the Master Agreement, without exception. 7. Environmental Assessment and Mitigation Environmental assessment and mitigation will be carried out as stated in the Master Agreement. Additionally, before the advertisement for bids, the Local Government shall provide to the State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 8. Compliance with Texas Accessibility Standards and ADA Compliance with Texas Accessibility Standards and the Americans with Disabilities Act (ADA) will be as stated in the Master Agreement, without exception. 9. Architectural and Engineering Services Architectural and engineering services will be provided by the State as stated in the Master Agreement. The State is responsible for performance of any required architectural or preliminary engineering work. For projects on the state highway system, the design shall, at a minimum conform to applicable State manuals. For projects not on the state highway system, the design shall, at a minimum, conform to applicable American Association of State Highway and Transportation Officials design standards. The Local Government may review and comment on the work as required to accomplish the public purposes of the Local Government. The State will cooperate fully with the Local Government in accomplishing these local public purposes to the degree permitted by State and Federal law. 10. Construction Responsibilities Construction responsibilities will be carried out by the State as stated in the Master Agreement. 11. Project Maintenance Project maintenance will be undertaken as provided for in the Master Agreement, without exception. AFA-LPAFA_ShortGen.doc Page 2 of 8 Revised 01/17/2014 CSJ #0916-35-181 District#16 City of Corpus Christi Code Chart 64#09800 Project: City Wide Overlay Federal Highway Administration CFDA#20.205 Not Research and Development 12. Local Project Sources and Uses of Funds A. A Project Budget Estimate is provided in Attachment C. The State and the Federal Government will not reimburse the Local Government for any work performed before the federal spending authority is formally obligated to the Project by the Federal Highway Administration. After federal funds have been obligated, the State will send to the Local Government a copy of the formal documentation showing the obligation of funds including federal award information. The Local Government is responsible for one hundred percent (100%) of the cost of any work performed under its direction or control before the Federal spending authority is formally obligated. B. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Government must complete training before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures Qualification for the Texas Department of Transportation. The Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not designated a qualified individual to oversee the Project. C. A Source of Funds estimate based on the Transportation Improvement Program (TIP) is also provided in Attachment C. Attachment C shows the percentage and estimated dollar amount to be contributed to the project by federal, state, and local sources. The parties agree that the LPAFA may be amended from time to time as required to meet the funding commitments based on revisions to the TIP, Federal Project Authorization and Agreement (FPAA), or other federal document. D. The Local Government is responsible for all non-federal and non-state funding, including any project cost overruns, unless otherwise provided for in this agreement or through amendment of this agreement. E. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment C. At a minimum, this amount shall equal the Local Government's funding share for the estimated cost of preliminary engineering for the project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs. F. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. G. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's AFA-LPAFA_ShortGen.doc Page 3 of 8 Revised 01/17/2014 CSJ #0916-35-181 District#16 City of Corpus Christi Code Chart 64#09800 Project: City Wide Overlay Federal Highway Administration CFDA#20.205 Not Research and Development contractual obligations to the State under another advance funding agreement with approval by appropriate personnel of the Local Government. H. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the Local Government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. I. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Any entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. J. Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party. K. The Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by the State no more frequently than monthly and no later than ninety (90) days after costs are incurred. If the Local Government submits invoices more than ninety (90) days after the costs are incurred, and if federal funding is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs. 13. Document and Information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements, and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the Local Government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 14. Incorporation of Master Agreement Provisions This LPAFA incorporates all of the governing provisions of the Master Agreement in effect on the date of final execution of this LPAFA, unless an exception has been made in this agreement. 15. Insurance If this Agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of AFA-LPAFA_ShortGen.doc Page 4 of 8 Revised 01/17/2014 CSJ #0916-35-181 District#16 City of Corpus Christi Code Chart 64#09800 Project: City Wide Overlay Federal Highway Administration CFDA#20.205 Not Research and Development coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 16. Debarment Certification The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this Agreement, the Local Government certifies that it and its principals is not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party, to include principals, that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. 17. Cost Principles and Office of Management and Budget (OMB) Audit Requirements In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMB Circular A-87 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. 18. Notices All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to that party at the following address: Local Government: State: City of Corpus Christi Director of Contract Services Office City Manager Texas Department of Transportation 1201 Leopard St. 125 E. 11 " Street Corpus Christi, TX 78401 Austin, Texas 78701 All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party. 19. Civil Rights Compliance The Local Government shall comply with the regulations of the U.S. Department of Transportation as they relate to non-discrimination (49 CFR Part 21 and 23 CFR Part 200), and Executive Order AFA-LPAFA_ShortGen.doc Page 5 of 8 Revised 01/17/2014 CSJ #0916-35-181 District#16 City of Corpus Christi Code Chart 64#09800 Project: City Wide Overlay Federal Highway Administration CFDA#20.205 Not Research and Development 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). 20. Disadvantaged Business Enterprise (DBE) Program Requirements A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State's federally approved DBE program. C. The Local Government shall set an appropriate DBE goal consistent with the State's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision-making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally-Approved Disadvantaged Business Enterprise by Entity, and attachments found at web address http://ftp.dot.state.tx.us/pub/txdot-info/bop/dbe/mou/mou attachments.pdf. E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT)-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of DOT-assisted contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub-contractor) must include the following assurance: The contractor, sub-recipient, or sub-contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. 21. Federal Funding Accountability and Transparency Act Requirements A. Any recipient of funds under this Agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: http://www.gpo.gov/fdsys/pkq/FR-2010-09-14/pdf/2010-22705.pdf and http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22706.pdf B. The Local Government agrees that it shall: 1. Obtain and provide to the State a Central Contracting Registry (CCR) number (Federal Acquisition Regulation, Part 4, Sub-part 4.1100) if this award provides for more than AFA-LPAFA_ShortGen.doc Page 6 of 8 Revised 01/17/2014 CSJ #0916-35-181 District#16 City of Corpus Christi Code Chart 64#09800 Project: City Wide Overlay Federal Highway Administration CFDA#20.205 Not Research and Development $25,000 in Federal Funding. The CCR number may be obtained by visiting the CCR website whose address is: https://www.sam.gov/portal/public/SAM/; 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine-character number that allows the Federal government to track the distribution of federal money. The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website http://fedgov.dnb.com/webform; and 3. Report the total compensation and names of its top five (5) executives to the State if: i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 22. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-5027 ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133. B. If threshold expenditures of $750,000 or more are met during the Local Government's fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Audit Office, 125 E. 11 th Street, Austin, TX 78701 or contact TxDOT's Audit Office at http://www.txdot.gov/inside-txdot/office/audit/contact.html. C. If expenditures are less than $750,000 during the Local Government's fiscal year, the Local Government must submit a statement to TxDOT's Audit Office as follows: "We did not meet the $750,000 expenditure threshold and therefore, are not required to have a single audit performed for FY " D. For each year the project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year. 23. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. AFA-LPAFA_ShortGen.doc Page 7 of 8 Revised 01/17/2014 CSJ #0916-35-181 District#16 City of Corpus Christi Code Chart 64#09800 Project: City Wide Overlay Federal Highway Administration CFDA#20.205 Not Research and Development THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT Signature Typed or Printed Name Title Date THE STATE OF TEXAS Kenneth Stewart (Interim)Director of Contract Services Texas Department of Transportation Date AFA-LPAFA_ShortGen.doc Page 8 of 8 Revised 01/17/2014 CSJ #0916-35-181 District#16 City of Corpus Christi Code Chart 64#09800 Project: City Wide Overlay Federal Highway Administration CFDA#20.205 Not Research and Development ATTACHMENT A RESOLUTION OR ORDINANCE D 14t AFA-LPAFA_ShortGen.doc Page 1 of 1 Attachment A CSJ #0916-35-181 District#16 City of Corpus Christi Code Chart 64#09800 Project: City Wide Overlay Federal Highway Administration CFDA#20.205 Not Research and Development ATTACHMENT B PROJECT LOCATION MAP LIPAN$TREET OVERLAY PROJECT LOCATION MAP at �� ;;i�'�JI,UII/1111%I/l�%iii/ll%i�tPi���r���rr✓�iiu'iiriUl�irtl�r{�rRiiu{i iii , ✓" �� � � � ��/ (�/ �l�I � %, %,��ti �:' „lu/r�J{fir '�Ir �o.�,,,� 1/ �///.. ri r i��j�r /Ilo!i M Upan Sit Overlay EXHI "A-V IT'Y OF P�RIS11 TEXAS between Palm Ofve TALC RAMS and N. 19Ith fteet PAGE 2 OF AFA-LPAFA_ShortGen.doc Page 1 of 2 Attachment B CSJ #0916-35-181 District#16 City of Corpus Christi Code Chart 64#09800 Project: City Wide Overlay Federal Highway Administration CFDA#20.205 Not Research and Development ATTACHMENT B PROJECT LOCATION MAP PROJECT LOCATION MAP Umb Columbia Streef EXHIBIT e y r r � i J i orFinu✓ b � �� ,,.. �� e � � between Home Road L MOGRAMS and Wilarreal Street PAGE 1 OF 1 AFA-LPAFA_ShortGen.doc Page 2 of 2 Attachment B CSJ #0916-35-181 District#16 City of Corpus Christi Code Chart 64#09800 Project: City Wide Overlay Federal Highway Administration CFDA#20.205 Not Research and Development ATTACHMENT C PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS Costs will be allocated based on 80% Federal funding and 20% Local Government funding until the federal funding reaches the maximum obligated amount. The Local Government will then be responsible for 100% of the costs. Description otal Federal State Local Participation [Estimated Participation Participation ost % Cost % Cost % Cost Engineering 97,682.00 0% $0 0% $0 100% $97,682.00 (by Local) Construction $1,040,245.00 80% $832,196.00 0% $0 0% $208,049.00 (by Local) Subtotal $171377927.00 80% $832 196.00 0% $0 0% $3057731.00 Environmental $27149.00 0% $0 0% $0 100% $27149.00 Direct State Costs Right of Way $27149.00 0% $0 0% $0 100% $27149.00 Direct State Costs Engineering $47298.00 0% $0 0% $0 100% $47298.00 Direct State Costs Utility Direct $27149.00 0% $0 0% $0 100% $27149.00 State Costs Construction $47427.00 0% $0 0% $0 100% $47427.00 Direct State Costs Indirect State $707551.00 0% $0 100% $707551.00 0% $0 Costs TOTAL $172237650.00 $8327196.00 $707551.00 $3207903.00 Initial payment by the Local Government to the State: $15,172.00 Payment by the Local Government to the State before construction: $208,049.00 Estimated total payment by the Local Government to the State $223,221.00 This is an estimate. The final amount of Local Government participation will be based on actual costs. AFA-LPAFA_ShortGen.doc Page 1 of 1 Attachment C PROJECT BUDGET Citywide Signage Upgrades and Street Overlay FUNDS AVAILABLE: TxDOT 80% Participation for Construction-MPO Funds........................................................................................ $1,136,247.20 Street Preventative Maintenance Program-City 20% Participation for Construction.................................................... 284,061.80 Street Preventative Maintenance Program Reimbursements-Year 1 and Year 2(subject to availability of funds)............. 318,234.53 Total Funds Available.................................................................................................................................... $1,738,543.53 FUNDS REQUIRED: Construction (preliminary estimate)................................................................................................................... $1,419,995.00 Design Fees(Govind Development, LLC): Original Agreement-Preliminary Phase ............................................................................................................. 44,000.00 Amendment No.1 -Design/Bid/Contruction Administration Phases......................................................................... 139,335.00 Subtotal Design Fees(Govind Development, LLC)............................................................................................... 183,335.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin)................................................................................. 21,299.93 Engineering Services(Project Mgt/Constr Mgt/Inspection/Traffic Mgt Services)......................................................... 85,199.70 Finance...................................................................................................................................................... 21,299.93 Misc. (Printing,Advertising, etc.)...................................................................................................................... 7,099.98 Total Funds Required..................................................................................................................................... $1,738,229.53 ESTIMATED PROJECT BUDGET BALANCE..................................................................................................... $314.00 RLI-L E Ln .-j o N L- .- L- C) N u Piz � � O u .� U � ......: : .... .... 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"\ 2@ 2 2 2 I o \ 3 o AIR\> d. \ � � / / / a [if ƒ . v o = _ = E e \' ^ C) / / \ X 2 ± $ $ ± t « > m / E E 2 m ) / 2 f \ � ° « 7 vz 2 2 = = J 2 = t a p = x t t o = m o = _ « D e m m e LL 0 e E e ± - - AGENDA MEMORANDUM Future Agenda Item for the City Council Meeting of July 08, 2014 Action Item for the City Council Meeting of July 15, 2014 DATE: May 30, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., ACM for Public Works and Utilities FROM: William J. Green, P.E., Interim Director, Environmental &Strategic Initiatives BiIIGP_cctexas.com (361) 826-3598 Resolution authorizing the City Manager or designee to execute a Memorandum of Understanding with Guadalupe-Blanco River Authority CAPTION: Resolution authorizing the City Manager or designee to execute a Memorandum of Understanding with Guadalupe-Blanco River Authority for joint development of water supply projects. PURPOSE: To secure City Council authorization by Resolution, for the City Manager or designee to execute a Memorandum of Understanding (MOU)with the Guadalupe-Blanco River Authority (GBRA). BACKGROUND AND FINDINGS: The City and GBRA (collectively, under the proposed MOU Resolution as "Project Partners") recognize that many areas of Texas, to include portions of their respective service areas are experiencing rapid growth in business and industrial economic expansion and resident population. Both water provider entities anticipate a significant increase in the need for water and wastewater services. The persistent drought in Texas offers opportunities for creative planning, collaboration and implementation of creative solutions to meet future water and wastewater service demands. As such, the Project Partners recognize they can best serve their respective service areas by long- term planning and strategies, which will consider and address, where appropriate on service strategies that are regional or transcendent of current service area boundaries. Provision of secure, long term, drought resistant water supply is the envisioned shared vision of the Project Partners for the contiguous Texas Coast line from Brazoria to Nueces County. Each service provider agrees as Project Partners to institute long-term regional and trans-boundary planning processes and initiatives to address the future water and wastewater needs in areas of mutual concern and interest through the MOU. Specific objectives and actions include: 1. Work which may be best served by joint effort as regional or trans-boundary projects, including seawater desalination. 2. Identifying sources of water, funding and other resources that represent the most efficient use of collective resources. 3. Identify sources of water supply and water rights that could be integrated into a regional distribution system. 4. Develop Project Partner planning criteria forjoint planning efforts. 5. Collect and share data and information appropriate for the advancement and maturation of MOU planning. 6. Within the limits of respective entity statutory authority, carry out the planning, financing, construction and operation of cooperative, regional or trans-boundary projects as authored by the MOU. 7. Cooperate in legislative and regulatory processes and procedures that successfully implement MOU sponsored projects. ALTERNATIVES: 1. Approve the resolution as proposed which authorizes the execution of a Memorandum of Understanding with the Guadalupe-River Blanco River Authority. 2. Modify the resolution as necessary. 3. Not approve the resolution (NOT RECOMMENDED). OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This resolution conforms to the City's Water Management 2015-2050. DEPARTMENTAL CLEARANCES: Environmental &Strategic Initiatives Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Project to Date Fiscal Year: Expenditures 2013-2014 CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered/ Expended Amount This item BALANCE Comments: Future Water Supply Reserve Fund expenditures are anticipated to support MOU water source opportunities with the GBRA. Amendments to water supply utility rate and Water Supply CIP anticipated in future out-year implementation. RECOMMENDATION: Approval of the Resolution as proposed. LIST OF SUPPORTING DOCUMENTS: Resolution I Resolution authorizing the City Manager or designee to execute a Memorandum of Understanding with Guadalupe-Blanco River Authority for joint development of water supply projects. WHEREAS, the City of Corpus Christi, Texas ("City") is a home-rule municipal corporation created under the authority of the Constitution of the State of Texas; and, WHEREAS, the Guadalupe-Blanco River Authority ("GBRA") is a conservation and reclamation district created under the authority of Article 16, Section 59 of the Constitution of the State of Texas, consisting of that part of the State of Texas lying within the boundaries of Kendall, Hays, Comal, Guadalupe, Caldwell, Gonzales, DeWitt, Victoria, Refugio, and Calhoun Counties; and WHEREAS, the City, and GBRA (collectively, the "Project Partners") recognize that many parts of Texas, including portions in their respective service areas, are experiencing rapid growth, both in population and in the number of businesses and industries locating therein, which have significantly increased the need for water and for wastewater services; and WHEREAS, the persistent drought in Texas underscores the need for creative planning and the implementation of creative solutions to meet current and future water and wastewater needs; and WHEREAS, the Project Partners recognize they can best serve their respective basins by long-term planning efforts and initiatives that will focus, where appropriate, on solutions to water and wastewater needs that are regional or that transcend their service area boundaries; and, WHEREAS, the Project Partners recognize that cooperative efforts are necessary to secure firm, long-term drought-proof water supplies for the contiguous Coastal Bend, which stretches along the Texas coast from Brazoria to Nueces County; and WHEREAS, the Project Partners recognize the potential that seawater from the Gulf of Mexico represents for a limitless, drought-proof source of water supply and have taken the lead in efforts to bring seawater desalination to Texas. NOW, THEREFORE, the Authorities agree to institute long-term regional and trans-boundary planning processes and initiatives to address the water and wastewater needs in areas of mutual concern, as follows: ARTICLE I OBJECTIVES AND ACTIONS z Within their contiguous and proximate areas, the Project Partners shall: 1.1 Work to identify additional Project Partners and areas which may be best served by joint effort, or regional or trans-boundary projects, including seawater desalination; 1.2 Identify sources of water, funding, and other resources that would be the most efficient resources for such projects, including seawater desalination; 1.3 Identify sources of water supply, including but not limited to water rights held by GBRA that could be integrated into a regional distribution system that would be the most efficient and cost-effective means of funding and developing regional or trans- boundary projects; 1.4 Develop criteria for joint planning efforts; 1.5 Gather and share data as they deem appropriate to the purposes of the Memorandum of Understanding; 1.6 Within the limits of each Project Partners' statutory authority and where appropriate to the purposes of this Memorandum of Understanding, carry out joint planning, financing, construction, and operation of cooperative, regional or inter- territorial projects; and, 1.7 Cooperate in the legislative and regulatory processes to address the issues necessary to carrying out the purposes of this Memorandum of Understanding. ARTICLE II GENERAL PROVISIONS 2.1 The Effective Date of this Memorandum of Understanding shall be date when the last signer below is shown to have signed the Memorandum. 2.2 The City Council or Board of Directors of each Project Partner shall review the accomplishments made under this Memorandum of Understanding and the desirability of its continued existence every four years; provided, however, that any of the undersigned Project Partners may withdraw from this Memorandum by giving not less than 30 days written notice of withdrawal to the other Project Partners. In the event of the withdrawal of one signatory Project Partners, this Memorandum will remain in force and effect between the remaining signatory Authorities unless terminated. 3 2.3 This Memorandum of Understanding anticipates the addition, by mutual agreement, of additional Project Partners on such terms and conditions as the current Project Partners agree; provided, however, that any of the undersigned Project Partners may withdraw from this Memorandum by giving not less than 30 days written notice of withdrawal to the other Project Partners. In the event of the withdrawal of one signatory Project Partners, this Memorandum will remain in force and effect between the remaining signatory Authorities unless terminated. WITNESS OUR SIGNATURES on the dates indicated below: The City of Corpus Christi By: RONALD L. OLSON, City Manager Date Signed: 4 Guadalupe-Blanco River Authority By: W.E. WEST, JR., General Manager Date Signed: By:_ OSCAR H. FOGLE, Chairman Date Signed: Resolution authorizing the City Manager or designee to execute a Memorandum of Understanding with Guadalupe-Blanco River Authority for joint development of water supply projects. Be it resolved by the City Council of the City of Corpus Christi, Texas, that: Section 1. The City Manager or designee is authorized to execute a Memorandum of Understanding with Guadalupe- Blanco River Authority. A copy of the MOU will be on file in the Office of the City Secretary. Section 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary Nelda Martinez, Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott US RN AGENDA MEMORANDUM xg City Council Meeting of July 8, 2014 DATE: July 1, 2014 TO: Ronald L. Olson, City Manager FROM: Alyssa Michelle Barrera, Business Liaison AlyssaBp_cctexas.com (361) 826-3356 Columbus Ships Update STAFF PRESENTER(S): Name Title/Position Department 1. Alyssa Michelle Barrera Business Liaison City Manager's Office OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Carol Rehtmeyer Executive Director Museum of Science & History BACKGROUND : Over the past 20 years, City has worked with several organizations to maintain the Columbus Fleet replicas. The agreement with the Columbus Sailors Association has been successful in securing the future of the Nina. Regrettably, as a consequence of time, natural climate and limited financial funding options, Pinta & Santa Maria are now in conditions beyond repair. LIST OF SUPPORTING DOCUMENTS: PowerPoint—Columbus Ships Update "'� N 00 �' __._ ����� •� . ` ,;,- 0 o w cli rA rA Z U ° ° + rA C rA rA rA o .. rA �. N O rA 0 ct rA ¢ .� 7. rA •.. �. rA r� r �° ct 7s 2. s U o cl rA o o o o = +' , ° m on CA M M o. o vn o +' 'M w +� d U o 0 +' to U �. to ^ o Cl M o o m un un �n d d d U w � U U o rq UZI r. "Milt I CIO 4.4 l' 4 r r F # l "I l'��' � III s g sr � r. I I � r ul t, r 4-41 U6 U6 Ui in Forward Columbus Sailors Association continu of Nina, will utilize items from Ships, remaining items will be set aside for sale general public. City will contract for demolition of ships. Plaza will receivea mtkeover. tion