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Agenda Packet City Council - 07/29/2014
Corpus Christi 1201 Leopard Street p Corpus Christi,TX 78401 d u cctexas.com Y bpi yam' G Meeting Agenda - Final City Council Tuesday,July 29,2014 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 Father John Hayden Haby, St. Nicholas Greek Orthodox Church. C. Pledge of Allegiance to the Flag of the United States to be led by Margie Rose, Deputy City Manager. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 14-00859 Recognition of Sister Cities Exchange Students - Presentation of Certificates of Honorary Citizenship 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 7/28/2014 City Council Meeting Agenda-Final July 29,2014 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 -Utilities -Treatment b. Rules of Decorum during City Council Meetings - Interim City Attorney Barney Knight C. Other H. EXECUTIVE SESSION: (ITEMS 2 -3) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 2. 14-00843 Executive session pursuant to Section 551.071 of the Texas Government Code for consultaion with attorneys regarding fire collective bargaining negotiations with possible discussion and action in open session 3. 14-00844 Executive session pursuant to Texas Government Code Section 551.071, Consultation with Attorney, and Section 551.087, Deliberations regarding economic development negotiations with possible discussion and action in open session. I. MINUTES: 4. 14-00861 Regular Meeting of July 22, 2014 Attachments: Minutes-July 22, 2014.pdf Corpus Christi Page 2 Printed on 7/28/2014 City Council Meeting Agenda-Final July 29,2014 J. BOARD &COMMITTEE APPOINTMENTS: 5. 14-00860 Commission on Children and Youth Leadership Committee for Senior Services Attachments: 07-29-14 Boards, Commissions&Committees 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 6 -27) 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. 6. 14-00590 Supply agreement for non-shear flexible couplings Motion approving a supply agreement with Ferguson Enterprises, Corpus Christi, Texas for non-shear flexible couplings in accordance with Bid Invitation No. BI-0147-14 based on lowest local bid for an estimated annual expenditure of$80,291.09, of which $13,381.85 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- Non-Shear Flexible Couplings Bid Tabulation- Non-Shear Flexible Couplings.pdf 7. 14-00591 Supply agreement for meter box lids Motion approving a supply agreement with Ferguson Enterprises, Corpus Christi, Texas for meter box lids in accordance with Bid Invitation No. BI-0154-14 based on lowest responsible bid for an estimated annual expenditure of$52,397.50, of which $17,465.83 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 Corpus Christi Page 3 Printed on 7/28/2014 City Council Meeting Agenda-Final July 29,2014 and the City Manager or designee. Funds have been budgeted by the Utilities Department in FY 2013-2014. Attachments: Agenda Memo- Meter Box Lids Bid Tabulation- Meter Box Lids.pdf 8. 14-00596 Service agreement for custodial services for nine (9) outlying police buildings Motion approving a service agreement with Martin's Janitorial Service, Corpus Christi, Texas for Custodial Services for Outlying Police Buildings in accordance with Bid Invitation No. BI-0176-14, based on only bid for an estimated annual expenditure of$100,644.00, of which $25,161.00 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 Police Department in FY 2013-2014. Attachments: Agenda Memo-Custodial Services for Outlying Police Buildings Bid Tabulation-Custodial Services for Outlying Police Buildings.pdf Service Agreement-Custodial Services for Outlying Police Buildings 9. 14-00754 Purchase of spare Patterson pump rotating assembly for the Bloomington Pump Station Motion approving the purchase of one (1) spare Patterson pump rotating assembly from The Scruggs Co., Houston, Texas based on sole source for a total amount of$65,290.00. Funds have been budgeted by the Utilities Department in FY 2013-2014. Attachments: Agenda Memo- Purchase of Spare Patterson Pump Rotating Assembly.pdf Price Sheet- Purchase of Spare Patterson Pump Rotating Assembly.pdf 10. 14-00751 Service agreement for preservation of historical documents Motion approving the purchase of historical document preservation services from Kofile Preservation, Inc., Dallas, Texas, in accordance with the State of Texas Cooperative Purchasing Program for a total expenditure of $147,545.73, of which approximately $41,724.64 is required for the remainder of FY 2013-2014. Funds have been budgeted by the Office of the City Secretary in FY 2014-2015 and will be requested in future fiscal years. Attachments: Agenda Memo- Preservation of Historical Documents Price Sheet- Preservation of Historical Documents Service Agreement- Preservation of Historical Documents 11. 14-00733 Amending interlocal agreement to include Nueces County Emergency District#4 as a participant in the Radio Corpus Christi Page 4 Printed on 7/28/2014 City Council Meeting Agenda-Final July 29,2014 Communications System Resolution authorizing the City Manager, or his designee, to execute an amendment to the Radio Communications System Interlocal Agreement between the City of Corpus Christi, the Regional Transportation Authority and Nueces County to include the Nueces County Emergency Services District#4 as a participant. Attachments: Agenda memo-agreement for public safety radio system ESD4 Resolution -Amendment for District 4 Agreement- Interlocal Cooperation Agreement ESD#4 06092014 12. 14-00734 Amending interlocal agreement to include the Nueces Jim Wells County Emergency Services District#5 as a participant in the Radio Communications System Resolution authorizing the City Manager, or his designee, to execute an amendment to the Radio Communications System Interlocal Agreement between the City of Corpus Christi, the Regional Transportation Authority and Nueces County to include the Nueces Jim Wells County Emergency Services District#5 as a participant. Attachments: Agenda memo-agreement for public safety radio system ESD5 Resolution -Interlocal Agreement ESD#5 Agreement- Interlocal Cooperation Agreement ESD#5 13. 14-00730 Change order no. 4 for head works (Phase 1) and grit system (Phase 2) for Allison Wastewater Treatment Plant Motion authorizing the City Manager or designee to execute Change Order No. 4 with R.M. Wright Construction Company of EI Paso, Texas in the amount of$348,897.89, for a total restated fee of$3,281,860.89 for the Allison Wastewater Treatment Plant Head Works (Phase 1) and Grit System (Phase 2). Attachments: Agenda Memo-Allision WVV-FP Project Budget-Allision WVV-FP Location Map-Allison WVV-FP Presentation-Allison WW-FP Change Order No. 4-Allison WVV-FP Change Order Summary-Allison WVV-FP 14. 14-00469 Interlocal agreement for research services for the City's water distribution system Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the University of Texas at Austin for research services for the City's water distribution system, with City's cost to be Corpus Christi Page 5 Printed on 7/28/2014 City Council Meeting Agenda-Final July 29,2014 $49,547. Attachments: Agenda Memo- Interlocal Agreement UTA Resolution -Interlocal Agreement UTA Agreement- Interlocal Agreement UTA 15. 14-00784 Amendment no. 1 to engineering monitoring contract for Periodic Corosion Monitoring Survey 2015 for Mary Rhodes Pipeline Motion authorizing the City Manager or designee to execute Amendment No. 1 to the engineering contract with Russell Corrosion Consultants, LLC of Simpsonville, Maryland in the amount of$46,095 for a total restated fee not to exceed $75,825 for Mary Rhodes Pipeline Periodic Corrosion Monitoring Survey 2015. Attachments: Agenda Memo- Mary Rhodes Corrosion Monitoring Project Budget- Mary Rhodes Corrosion Monitoring Location Map- Mary Rhodes Corrosion Monitorinq.pdf Presentation- Mary Rhodes Corrosion Monitoring Contract- Mary Rhodes Corrosion Monitoring 16. 14-00782 Amendment no. 1 to engineering contract for the Nueces River Raw Water Pump Station Motion authorizing the City Manager or designee to execute Amendment No. 1 to the engineering contract with Urban Engineering of Corpus Christi, Texas in the amount of$1,688,299 for a total restated fee not to exceed $1,738,035 for Nueces River Raw Water Pump Station for preliminary, design, bid, and construction administration services. Attachments: Agenda Memo- Nueces River Pump Station Project Budget- Nueces River Pump Station.pdf Location Map- Nueces River Pump Station.pdf Presentation- Nueces River Pump Station.pdf Contract- Nueces River Pump Station 17. 14-00817 Purchase consulting hours from Infor(US), Inc. for duration of Infor Enterprise Resource Planning (ERP) project Motion approving the purchase of additional consulting hours from Infor (US), Inc., Alpharetta, GA, for a total expenditure of$349,400. The acquisition of these consulting hours is available only from Infor(US), Inc. Contingency funds from the Infor ERP Project will be used for this purpose. Attachments: Agenda Memo- Infor Consulting hours Change Order-Infor Consulting Hours Corpus Christi Page 6 Printed on 7/28/2014 City Council Meeting Agenda-Final July 29,2014 18. 14-00785 Renewal of State and Federal external legislative consultant contracts Motion authorizing the City Manager to execute 26-month renewal agreements for governmental relation services with Focused Advocacy for state governmental relations services for$102,000 per year plus reasonable expenses and with Meyers &Associates for federal governmental relations services for$78,000 per year plus reasonable expenses. Attachments: Agenda Memo-2014 renewal of state &federal lobby contracts Contract- Focused Advocacy Renewal 073114 Contract- Meyers Assoc renewal 072914 19. 14-00755 Second Reading Ordinance -Accepting and appropriating State grant for the 2015 Selective Traffic Enforcement Program (STEP) (1st Reading 7/22/14) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of$98,082.00 for the 2015 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for Driving While Intoxicated (DWI) and Speed enforcement overtime, with a city match of$40,266.75, for a total project cost of$138,348.75 and appropriating $98,082.00 in the No. 1061 Police Grants Fund. Attachments: Agenda memo-STEP appropriation 07.22.2014 Ordinance-STEP Appropriation 07.22.2014 Agreement-STEP Appropriation 2015 20. 14-00741 Second Reading Ordinance -Amending City Code to modify the peddler permit and unlawful solicitation sections of the code (1st Reading 7/22/14) Ordinance amending Chapter 38, Section 22 of the Corpus Christi Code to modify the hours soliciting is allowed and to prohibit soliciting at homes with no soliciting or trespass signs; amending Chapter 38, Section 6 of the Corpus Christi Code to require proof of identification and background checks for peddler, commercial solicitor and itinerant merchant permittees and deny permits to applicants convicted of any felony or of any offense involving moral turpitude; amending Chapter 38, Section 4 of the Corpus Christi Code to require the displaying of permit; amending Chapter 38, Section 3 and Section 2 of the Corpus Christi Code to exempt local youth organizations from permitting process; amending Chapter 38, ARTICLE II. SOLICITATIONS FOR CHARITABLE PURPOSES of the Corpus Christi Code in its entirety; providing for severance; providing for publication; providing for penalty; Corpus Christi Page 7 Printed on 7/28/2014 City Council Meeting Agenda-Final July 29,2014 and providing an effective date. Attachments: Agenda memo- peddler ordinance action 07.22.2014 Ordinance- Peddler Revision 2014-Police (2) 21. 14-00761 Second Reading Ordinance -Accepting and appropriating additional funding for the Women, Infants and Children (WIC) grant program (1st Reading 7/22/14) Ordinance authorizing the City Manager, or his designee, to execute all documents necessary to accept and appropriate a grant amendment in the amount of$141,003.00 from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to provide funds for the Women, Infants, and Children (WIC) program; and to ratify acceptance of this grant amendment to begin as of June 6, 2014. Attachments: Agenda Memo-WIC grant amendment.pdf Ordinance-WIC grant amendment.pdf Current award letter-WIC grant amendment.pdf Contract Amendment-WIC grant amendment.pdf Contract-WIC grant.pdf 22. 14-00813 Second Reading Ordinance -Closing a portion of a utility easement located west of the South Padre Island Drive (Park Road 22) state right-of-way, and north of the Encantada Avenue public right-of-way (1st Reading 7/22/14) Ordinance abandoning and vacating a 1,361-square foot portion of an existing utility easement out of a part of Lot 10A and Lot 12, Blk. 16, Padre Island Number 1, located west of the South Padre Island Drive (Park Road 22) state right-of-way, and north of the Encantada Avenue public right-of-way; and requiring the owner, Island Foundation, Inc., to comply with the specified conditions. Attachments: Agenda Memo-Abandon and Vacate, Padre Island No. 1, Blk. 16, Lots 10A& 1 Ordinance- Abandon and Vacate, Padre Island No. 1, Blk. 16, Lots 10A& 12 23. 14-00812 Second Reading Ordinance -Closing a portion of a utility easement located north of the Encantada Avenue public right-of-way, and east of the Palmira Avenue public right-of-way (1st Reading 7/22/14) Ordinance abandoning and vacating a 2,130-square foot portion of a 10-foot wide utility easement out of a part of Lots 7B, 8B, 9B, 10A, 10B, and 12, Blk. 16, Padre Island Number 1, located north of the Encantada Avenue public right-of-way, and east of the Palmira Avenue public right-of-way; and requiring the owner, Island Foundation, Inc., to comply with the specified conditions. Corpus Christi Page 8 Printed on 7/28/2014 City Council Meeting Agenda-Final July 29,2014 Attachments: Agenda Memo-Abandon and Vacate, Padre Island No. 1, Lots 7B-12. Ordinance-Abandon and Vacate, Padre Island No. 1, Lots 7B-12. 24. 14-00783 Second Reading Ordinance - Engineering construction contract for Navigation Boulevard from Up River Road to Leopard Street; amendment no. 1 to an agreement for construction observation services; construction materials testing contract (BOND 2012)(1st Reading 7/22/14) Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 by adding capital reserves in the amounts of $1,425,000 from Storm Water CIP Fund 3494, $65,650 from Water CIP Fund 4088, $60,847 from Gas CIP Fund 4551, $1,661,514 from Wastewater CIP Fund 4249, transferring $555,557.73 from Street Project 170371 Holly Road from Greenwood to State Highway 286, $1,174,386.14 from Street Project E12102 Twigg from Shoreline to Broadway, $1,575,148.09 from Street Project E12103 Leopard from Crosstown to Palm to the Bond 2012 Street Project Navigation Boulevard from Up River Road to Leopard Street; increasing expenditures in the amount of$3,213,011; authorizing the City Manager or designee to execute a construction contract with Reytec Construction Resources, Inc. from Houston, Texas in the amount of$14,480,215 for Navigation Boulevard from Up River Road to Leopard Street for the Base Bid and Additive Alternate#3, to execute Amendment#1 to an Engineering Agreement with LNV, Inc. of Corpus Christi, Texas in the amount of$269,818 for a restated fee of$1,062,168, for Navigation Boulevard from Up River Road to Leopard Street for construction observation services, and to execute a Construction Materials Testing Contract with Rock Engineering of Corpus Christi, Texas in the amount of$62,044 for Navigation Boulevard from Up River Road to Leopard Street. (Bond 2012) Attachments: Agenda Memo- Navigation Ordinance- Navigation Project Budget- Navigation Blvd Location Map- Navigation Presentation- Navigation LNV Contract- Navigation Blvd Rock Contract-Navigation 25. 14-00737 Second Reading Ordinance - Amending City Code for Utilities to extend utility rates to coordinate with extended fiscal year (1st Reading 7/22/14) Ordinance amending the City Code of Ordinances, Chapter 55, Utilities, to continue the current water, gas, and wastewater utility rates adopted by Ordinance 029917 through September 30, 2014, to coordinate with Corpus Christi Page 9 Printed on 7/28/2014 City Council Meeting Agenda-Final July 29,2014 the extended fiscal year for FY 2013-2014, and changing the annual wastewater winter averaging usage to apply to wastewater service after August 31. Attachments: Agenda Memo-Ordinance to extend Utility Rates Ordinance-Ordinance to extend Utility Rates Exhibit-Ordinance to extend Utility Rates 26. 14-00781 Second Reading Ordinance -Amending the City code to convert portions of streets as one way during school hours as indicated by signs to relieve traffic congestion near Oak Park Elementary (1st Reading 7/22/14) Ordinance amending Section 53-250(b) of the Code of Ordinances to designate all traffic shall move only in the direction indicated during the school hours, indicated by signs, on Elmore Drive and Macleod Drive. Attachments: Agenda Memo-Oak Park.pdf Ordinance-Oak Park.pdf Location Map-Oak Park.pdf Presentation-Oak Park(Elmore Drive and Mcleod Drive).pdf 27. 14-00770 Second Reading Ordinance -Amending City Code for Self-Insurance; Claims Settlement to reflect current practices and modify authority to settle claims (1st Reading 7/22/14) Ordinance amending Chapter 17, Section 17-18 Self-Insurance; claims settlement, of the Corpus Christi Code of Ordinances in its entirety; providing for severance; providing for publication; and providing an effective date Attachments: Agenda Memo-Self-Insurance Ordinance.pdf Ordinance-Self-Insurance Ordinance M. PUBLIC HEARINGS: (ITEMS 28 -30) 28. 14-00752 Public Hearing for the FY 2014-2015 budget for the Corpus Christi Crime Control and Prevention District Public Hearing for the FY 2014-2015 budget for the Corpus Christi Crime Control and Prevention District Attachments: Agenda memo-City council approve budget 07.29.2014 Final CCD budget FY2015 Resolution -CCD budget FY2015 Presentation-CCD FY2015 29. 14-00787 Public Hearing and First Reading Ordinance -Rezoning from the "CG-2" General Commercial District to the "IL" Light Industrial Corpus Christi Page 10 Printed on 7/28/2014 City Council Meeting Agenda-Final July 29,2014 District, on property located at 8233 Leopard Street Case No. 0714-01 Leopard Business Park, LLC: A change of zoning from the "CG-2" General Commercial District to the "IL" Light Industrial District, not resulting in a change to the Future Land Use Plan. The property is described as Lot 1, Block B, Stillwell Addition, located along the west side of Tuloso Road between Leopard Street and Stillwell Lane. Planninq Commission and Staff Recommendation (July 2, 2014): Approval of the change of zoning from the "CG-2" General Commercial District to the "IL" Light Industrial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Leopard Business Park, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 1, Block B, Stillwell Addition, from the "CG-2" General Commercial District to the "IL" Light Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo- Leopard Business Park, LLC Ordinance- Leopard Business Park, LLC Zoning Report-Leopard Business Park, LLC Aerial Overview Map- Leopard Business Park, LLC 30. 14-00802 Public Hearing and First Reading Ordinance -Rezoning for Barisi Village to add a Planned Unit Development Overlay to the subject property's existing zoning districts of"RS-6" Single-Family 6 District and "RS-10" Single-Family 10 District, on property located at 7111 Pharaoh Drive. Case No. 0614-04 Blackard Global: A change of zoning to add a Planned Unit Development Overlay to the subject property's existing zoning districts of"RS-6" Single-Family 6 District and "RS-10" Single-Family 10 District. The property to be rezoned is described as being 57.75 acres comprised of a portion of Tract 1, The Pharaohs Country Club and all of Block 3, Pharaoh Valley Northeast, located on Ennis Joslin Road (Spur 3), Pharaoh Drive, and McArdle Road. Planninq Commission and Staff Recommendation (July 2, 2014): Approval of the rezoning to add the Planned Unit Development Overlay to the subject property's existing zoning districts of"RS-6" Single-Family 6 District and "RS-10" Single-Family 10 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon Corpus Christi Page 11 Printed on 7/28/2014 City Council Meeting Agenda-Final July 29,2014 application by Blackard Global on behalf of Apex Golf Properties Corporation ("Owner"), by changing the UDC Zoning Map in reference to 57.75 acres comprised of a portion of Tract 1, The Pharaohs Country Club and all of Block 3, Pharaoh Valley Northeast (the "Property"), by adding a Planned Unit Development Overlay to the Property's existing zoning of"RS-6" Single-Family 6 District and "RS-10" Single-Family 10 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo- Blackard Global, Barisi Village Ordinance- Blackard Global, Barisi Village PPT-Blackard Global, Barisi Village Zoning Report-Blackard Global, Barisi Village TIA Report-Blackard Global, Barisi Village N. REGULAR AGENDA: (ITEMS 31 -32) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 31. 14-00776 Second Reading Ordinance -Accepting and appropriating funds for park improvements (1st Reading 7/22/14) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate $658,416.54 in developer contributions and $220.93 in interest earnings for a sum of $658,637.47 in the No. 4720 Community Enrichment Fund for park improvements, and other related projects. Attachments: Agenda Memo-CommEnrich fds appropr July 2014 Ordinance-CommEnrich fds approp JUIy2014 Corrected Attachment-Schedule of Appropriation 32. 14-00786 Second Reading Ordinance - Rezoning from the "RE" Residential Estate District to the "RE/SP" Residential Estate District with a Special Permit, on property located at 822 Graham Road Case No. 0614-03 CCSemloh Partnership, Ltd.: A change of zoning from the "RE" Residential Estate District to the "CG-2" General Commercial District. The property to be rezoned is described as a 10.861-acre tract of land out of Lot 10, Section 48, Flour Bluff and Encinal Farm and Garden Tracts, located along the south side of Compton Road between the intersections with First National Boulevard and Waldron Road. Staff Recommendation (July 22, 2014 Denial of the change of zoning from the "RE" Residential Estate District to the "CG-2" General Commercial District and in lieu thereof, approval of a Special Permit for a boat storage facility subject to a site plan and Corpus Christi Page 12 Printed on 7/28/2014 City Council Meeting Agenda-Final July 29,2014 nine conditions. Planninq Commission (June 18, 2014): Approval of the change of zoning from the "RE" Residential Estate District to the "CG-2" General Commercial District. Ordinance passed on first reading: Ordinance amending the Unified Development Code ("UDC'), upon application by CCSemloh Partnership, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to a 10.861-acre tract of land out of Lot 10, Section 48, Flour Bluff and Encinal Farm and Garden Tracts, from the "RE" Residential Estate District to the "RE/SP" Residential Estate District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo/SP-CCSemloh Partnership, Ltd Ordinance/SP/10 Conditions-7-29-14 Staff Recommendation OrdinanceSP/9 conditions-City Staff Recommendation CCSemloh Partnership Zoning Report-CCSemloh Partnership, Ltd Aerial Overview Map-CCSemloh Partnership, Ltd O. FIRST READING ORDINANCES: (ITEMS 33 -35) 33. 14-00765 First Reading Ordinance - Appropriating Federal funds for equipment purchases through the U.S. Immigration and Customs Enforcement (ICE) FY 2014 Joint Operations Program Funding Ordinance appropriating $12,000.00 in General Fund No. 1020 from the U.S. Immigration and Customs Enforcement FY2014 Joint Operations Program Funding program for the purchase of Police equipment; 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 $12,000.00 each. Attachments: Agenda memo- ICE program funding 07.22.2014 Ordinance- ICE grant 2014- Police ICE CC 2014 Funding 34. 14-00821 First Reading Ordinance -Ordering a General Election to be held on November 4, 2014 Ordinance ordering a general election to be held on November 4, 2014, in the City of Corpus Christi for the election of mayor and eight council members; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early polling places; designating polling place locations; authorizing a joint election with Nueces County, and a runoff election, if Corpus Christi Page 13 Printed on 7/28/2014 City Council Meeting Agenda-Final July 29,2014 one is necessary; and enacting provisions incident and relating to the subject and purpose of this ordinance. Attachments: Agenda memo- November 4 2014 General Election Ordinance- November 2014 general election FINAL Joint election agreement 2014 Exhibit A-Election services contract 2014 Attachment A- Election cost estimate 2014 35. 14-00820 First Reading Ordinance -Ordering a Special Election to be held on November 4, 2014 Ordinance ordering a Special Election to be held on November 4, 2014, in the City of Corpus Christi, on the questions of authorizing bond issuances of the City supported by ad valorem taxes and the sale of city park land; providing for the procedures for holding such an election; providing for notice of election and publication thereof; providing for the establishment of branch early polling places; designating polling place locations; authorizing a joint election with Nueces County; enacting provisions incident and relating to the subject and purpose of this ordinance. Attachments: Agenda memo- November 4 2014 Special Election v. 3 Ordinance- November 2014 special election v. 3 Draft Bond 2014 Information v. 3 Presentation- Bond 2014 Joint Election Agreement 2014 Exhibit A-Election Services Contract 2014 Attachment A- Election Cost Estimate 2014 P. FUTURE AGENDA ITEMS: (ITEMS 36 -38) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 36. 14-00848 Authorizing submission of a grant application for Hazardous Materials Emergency Preparedness (HMEP) planning Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of$34,593.22 to the Texas Department of Public Safety, Governor's Division of Emergency Management, for FY 2015 Hazardous Materials Emergency Preparedness (HMEP) grant program, phase II & III, to conduct a detailed hazardous materials vulnerability assessment to increase effectiveness in safety and efficiently handling hazardous materials accidents and incidents and to further enhance implementation of the Emergency Planning and Community Right-to Know Act of 1986, with a hard match of$6,918.64; and authorizing the City Manager, or designee, to apply for, accept, Corpus Christi Page 14 Printed on 7/28/2014 City Council Meeting Agenda-Final July 29,2014 reject, alter or terminate the grant. Attachments: Agenda Memo- HMEP Resolution -HMEP Application- HMEP 37. 14-00796 Service agreement for upgrade to Fleet Management Information System (FMIS) Motion approving a professional service agreement with Mercury Associates, Inc., Gaithersburg, Maryland to upgrade the Fleet Management Information System (FMIS) in accordance with the State of Texas Cooperative Purchasing Program for a total expenditure of $298,600.76. Funds have been budgeted by the Fleet Maintenance Services in FY 2013-2014. Attachments: Agenda Memo- Fleet Management Information System Upgrade Price Sheet- Fleet Management Information System Upgrade Service Agreement- Fleet Management Information System Upgrade Presentation- Fleet Management Information System Replacement 38. 14-00842 Recommending the 84th Texas Legislature appropriate funding for the FY16-17 biennium to partner with local sponsors to implement one or more seawater desalination projects Resolution recommending the 84th Texas Legislature appropriate adequate funding for the Fiscal Years 2016-2017 biennium for the State of Texas to partner with local project sponsors to implement one or more seawater desalination projects to provide uninterruptible water supply and have corresponding positive impacts for water supplies in adjacent regions which will strengthen Texas' economy and sustain economic prosperity. Attachments: Agenda Memo-seawater desal funding resolution for 2014 TML Resolution -2014 TML-Funding for Seawater Desalination Q. BRIEFINGS TO CITY COUNCIL: (NONE) 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. R. ADJOURNMENT Corpus Christi Page 15 Printed on 7/28/2014 Corpus Christi 1201 Leopard Street p Corpus Christi,TX 78401 cctexas.com ° Meeting Minutes City Council Tuesday,July 22,2014 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 Martinez called the meeting to order. B. Invocation to be given by Priest Lakshmi Srinivasacharyulu Anikepalle, Sri Venkateswara Temple. Priest Lakshmi Srinivasacharyulu Anikepalle gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Esther Velazquez, Assistant to the City Manager. Assistant to the City Manager Esther Velazquez 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 Secetary Huerta announced that Council Member Leal has been granted a leave of absence. Charter Officers: City Manager Ron Olson, Interim City Attorney Barney L. Knight,and City Secretary Rebecca Huerta Present: 8- Mayor Nelda Marti nez,Council Member Kelley AIIen,Council Member Rudy Garza,Council Member David Loeb,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lillian Riojas, and Council Member Mark Scott Absent: 1 - Council Member Priscilla Leal E. Proclamations /Commendations 1. Proclamation declaring July 26, 2014 as, "Feria De Las Flores Day" Certificate of Commendation Presentation to Judge Rodolfo Tamez Swearing-in Ceremony for Newly Appointed Board, Commission and Committee Members Corpus Christi Page 1 Printed on 7/24/2014 City Council Meeting Minutes July 22,2014 Mayor Martinez presented the proclamation and the certificate of commendation to Judge Rodolfo Tamez.Mayor Martinez conducted the swearing-in ceremony for newly appointed board and committee members. Council Members,staff and the public sang "Happy Birthday"to Mayor Martinez. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Martinez referred to City Manager's Comments. a. City Performance Report -Utilities - Maintenance of Lines Assistant Director of Maintenance of Lines Bill Mahaffey provided a briefing on the operations,mission and goals of the Utilities Department, Maintenance of Lines Division. b. CIP - Encantada City Manager Olson stated that based on the City Council discussion on the Capital Improvement Program,he is recommending for consideration the following alternatives to the Encantada Canal Project: 1) two beach access roads on the CIP for improvement where the pavement index is very low and 2) increase the appropriation for the project located in the area of Park Road 22 and Commodores,which is already included in the CIP,an additional$1 million to consider other traffic improvements. C. Other 1)An open house and presentation will be held on July 23,2014 beginning at 5:30 to present information on the improvements to Corona Drive at the YMCA located at 4601 Corona Drive.2)Mr.Olson reminded the Council and the public that the City is in the moderate drought Stage 2 and enforcement of those provisions will begin on July 28,2014. 3)The city is providing free water saving supplies to residents including shower heads,shower timers,and conservation kits at the Water Utilities Building located at 2726 Holly Road.The City will have a booth at the Hooks game on Friday,July 25th for as long as supplies last. For more information,citizens can contact the City's Water hot line at the number listed on the City's web page. 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.Carolyn Moon spoke regarding the bollard compromise for the Padre Island seawall and concerns with closing the beach in front of the seawall. Flo East spoke in support of the Parker Pool project. Dorothy Spann spoke regarding the survey to change Third Street from one-way to two-way traffic and asked the Council to consider analyzing the notice requirements in the ordinance and hold a public meeting to receive more participation on this issue.Jerry Hartung spoke to provide Corpus Christi Page 2 Printed on 7/24/2014 City Council Meeting Minutes July 22,2014 awareness of the problems involving commercial trotlines in the Laguna area and the effect on local citizens and tourist. Dr.Michael McCutchon spoke regarding the seawall beach bollards and compromise for pedestrian safety on the seawall. Dr. McCutchon spoke in support of having areas with full vehicular access to the beach and also letting kids safely play.Cliff Schlabach spoke regarding the following topics:the Padre Island Seawall vehicle restrictions; the problems with commercial fishermen;and praised the City Council for their resolution regarding opposing electric transmission lines in Laguna Madre. Johnny French provided history on the Packery Channel projects which include beach parks for child and pedestrian safety on the beach and recommended putting in bollards as close as possible to the proposed beach parks. Neil McQueen provided history on the Open Beaches Act and public beach access and asked for consideration to implement what the voters approved for the seawall in 2008. Keyanna Ortiz-Cedeno spoke and expressed concern regarding the homeless initiative and proposed ordinances. I. MINUTES: 5. Regular Meeting of July 15, 2014 Mayor Martinez deviated from the agenda and referred to approval of the minutes.Council Member Garza made a motion to approve the minutes, seconded by Council Member McIntyre and passed unanimously. J. BOARDS &COMMITTEE APPOINTMENTS: 6. Ethics Commission Leadership Committee for Senior Services Planning Commission Mayor Martinez referred to board and committee appointments.The following appointments were made: Ethics Commission Council Member Loeb nominated David Ghably. Mayor Martinez nominated Craig A. Rogers. David Ghably was appointed with the support of the following members:Allen,Garza, Loeb, Magill,McIntyre, Riojas,and Scott. Leadership Committee for Senior Services City Secretary Huerta requested to postpone the appointments to the Leadership Committee for Senior Services. Planning Commission Council Member Loeb made a motion to appoint Jonas Chupe,seconded by Council Member McIntyre and passed unanimously. K. EXPLANATION OF COUNCIL ACTION: L. CONSENT AGENDA: (NONE) Corpus Christi Page 3 Printed on 7/24/2014 City Council Meeting Minutes July 22,2014 M. PUBLIC HEARINGS: (ITEM 7) 7. Public Hearing and First Reading Ordinance -Rezoning from the "RE" Residential Estate District to the "CG-2" General Commercial District, on property located at 822 Graham Road Case No. 0614-03 CCSemloh Partnership, Ltd.: A change of zoning from the "RE" Residential Estate District to the "CG-2" General Commercial District. The property to be rezoned is described as a 10.861-acre tract of land out of Lot 10, Section 48, Flour Bluff and Encinal Farm and Garden Tracts, located along the south side of Compton Road between the intersections with First National Boulevard and Waldron Road. Planninq Commission (June 18, 2014): Approval of the change of zoning from the "RE" Residential Estate District to the "CG-2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by CCSemloh Partnership, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to a 10.861-acre tract of land out of Lot 10, Section 48, Flour Bluff and Encinal Farm and Garden Tracts, from the "RE" Residential Estate 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 rezone the subject property to allow development of a boat storage facility. Mr.Saldana presented a location map and proposed site plan.Mr.Saldana stated that the Planning Commission was in favor of the zoning change. Mr.Saldana added that the staff recommend denial of the zoning change and in lieu thereof,approval of a Special Permit for a boat facility that would allow the maximum area for a boat storage unit not to exceed 500 square feet;the"CG-2"would limit the applicant to 400 square feet. Mr.Saldana stated that the applicant is requesting the"CG-2"zoning. Council Member McIntyre made a motion to open the public hearing,seconded by Council Member Garza and passed.Mayor Martinez called for comments from the public.John Kendall, representative for the applicant,stated that the applicant would only like to have a couple of buildings at 500 square feet to accommodate larger boats.Mr. Kendall said the applicant understands that the "CG-2"sets out a maximum of 400 square feet, however the whole facility will not consist of 400 square foot units,just a few units will be at 500 square feet. Council Members asked questions regarding the major differences between the"RE/SP" Residential Estate District with a Special Permit and the General Commercial District"CG-2";whether the"CG-2"will still require the buffer yard;the reason the applicant does not want the Special Permit;whether there is a zoning designation that allows for large stalls;and allowing a special permit as long as the applicant does not exceed the square footage and correct Corpus Christi Page 4 Printed on 7/24/2014 City Council Meeting Minutes July 22,2014 number of buildings. Council Member Loeb made a motion to close the public hearing,seconded by Council Member McIntyre and passed. Council Member Loeb made a motion to approve the first reading of the staffs recommendation and direct staff to work on a Special Permit to allow the applicant flexibility on building location,seconded by Council Member McIntyre.This Ordinance was passed on first reading and approved with the following vote: Ordinance amending the Unified Development Code("UDC"), upon application by CCSemloh Partnership, Ltd.('Owner"),by changing the UDC Zoning Map in reference to a 10.861-acre tract of land out of Lot 10,Section 48, Flour Bluff and Encinal Farm and Garden Tracts,from the"RE" Residential Estate District to the"RE/SP" Residential Estate District with a Special Permit;amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Aye: 8- Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 1 - Council Member Leal Abstained: 0 N. REGULAR AGENDA: (ITEMS 8 -9) 8. Second Reading Ordinance - Lease agreement with Coastal Bend Friends of Aquatics for Parker pool (1st Reading 6/24/14) 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 8. Director of Parks and Recreation Michael Morris stated that the purpose of this item is to approve a lease agreement with Coastal Bend Friends of Aquatics for Parker Pool.Mayor Martinez called for comments from the public. Dorrinda Garza thanked the Council and staff for supporting this project.Council members also spoke in support of the project.This Ordinance was passed on second reading and approved with the following vote: Aye: 8- Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 1 - Council Member Leal Abstained: 0 Enactment No: 030231 9. Second Reading Ordinance - Ratifying lease assignment and approving amendment of lease agreement for additional office space at the airport (1st Reading 6/24/14) Corpus Christi Page 5 Printed on 7/24/2014 City Council Meeting Minutes July 22,2014 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 for severance. Mayor Martinez referred to Item 9. Director of Aviation Fred Segundo stated that the purpose of this item is ratification of an amendment to the current lease agreement with Host International,Inc.by assignment to WDFG North America, LLC for operation of a news and gift shop and inclusion of additional office space at the Corpus Christi International Airport.This Ordinance was passed on second reading and approved with the following vote: Aye: 6- Mayor Martinez, Council Member Allen, Council Member Loeb, Council Member Magill, Council Member McIntyre and Council Member Riojas Absent: 3- Council Member Garza, Council Member Leal and Council Member Scott Abstained: 0 Enactment No: 030232 H. EXECUTIVE SESSION: (ITEMS 2 -4) Mayor Martinez deviated from the referred to the day's executive sessions.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. 3. Executive session pursuant to Section 551.071 of the Texas Government Code to consult with attorneys regarding wastewater matters involving U.S. Environmental Protection Agency and Texas Commission on Environmental Quality with possible discussion and action in open session. Mayor Martinez referred to Item 3 and stated that the following motion was discussed in executive session for Council consideration: Motion to amend Legal Services agreement with Lloyd Gosselink to authorize services of Barnes and Thornburg law firm and authorize funding of up to $92,000 for additional technical evaluation of wastewater system,subject to certification of funds. Council Member Loeb made a motion to approve the motion as presented, seconded by Council Member Garza.This Motion was passed and approved with the following vote: Corpus Christi Page 6 Printed on 7/24/2014 City Council Meeting Minutes July 22,2014 Aye: 6- Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill and Council Member McIntyre Absent: 3- Council Member Leal, Council Member Riojas and Council Member Scott Abstained: 0 Enactment No: M2014-094 4. Executive session pursuant to Sections 551.071 and 551.072, Texas Government Code, and Rule 1.05 Texas Disciplinary Rules of Professional Conduct, to consult with attorneys regarding possible litigation related to the Mary Rhodes Pipeline Phase II, with possible discussion and action in open session This E-Session Item was discussed in executive session. O. FIRST READING ORDINANCES: (ITEMS 10 - 19) 10. First Reading Ordinance -Accepting and appropriating State grant for the 2015 Selective Traffic Enforcement Program (STEP) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of$98,082.00 for the 2015 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for Driving While Intoxicated (DWI) and Speed enforcement overtime, with a city match of$40,266.75, for a total project cost of$138,348.75 and appropriating $98,082.00 in the No. 1061 Police Grants Fund. Mayor Martinez referred to Item 10. Police Chief Floyd Simpson stated that the purpose of this item is to accept and appropriate a grant from the Texas Department of Transportation in the amount of$98,082.00 for the 2015 Comprehensive Selective Traffic Enforcement Project(STEP)for Driving While Intoxicated and speed enforcement overtime.There were no comments from the Council or the public. This Ordinance was passed on first reading and approved with the following vote: Aye: 6- Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill and Council Member McIntyre Absent: 3- Council Member Leal, Council Member Riojas and Council Member Scott Abstained: 0 11. First Reading Ordinance -Amending City Code to modify the peddler permit and unlawful solicitation sections of the code Ordinance amending Chapter 38, Section 22 of the Corpus Christi Code to modify the hours soliciting is allowed and to prohibit soliciting at homes with no soliciting or trespass signs; amending Chapter 38, Corpus Christi Page 7 Printed on 7/24/2014 City Council Meeting Minutes July 22,2014 Section 6 of the Corpus Christi Code to require proof of identification and background checks for peddler, commercial solicitor and itinerant merchant permittees and deny permits to applicants convicted of any felony or of any offense involving moral turpitude; amending Chapter 38, Section 4 of the Corpus Christi Code to require the displaying of permit; amending Chapter 38, Section 3 and Section 2 of the Corpus Christi Code to exempt local youth organizations from permitting process; amending Chapter 38, ARTICLE II. SOLICITATIONS FOR CHARITABLE PURPOSES of the Corpus Christi Code in its entirety; providing for severance; providing for publication; providing for penalty; and providing an effective date. Mayor Martinez referred to Item 11. Police Chief Floyd Simpson stated that the purpose of this item is to amend Chapter 38,Section 22 of the Code of Ordinances to modify the peddler permit and unlawful solicitation sections of the code.Chief Simpson highlighted the changes to the ordinance as follows: changing the hours for solicitation to 9:00 a.m.-7:00 p.m.daylight saving time or 6:00 p.m.standard time;soliciting not allowed at premises with "No Soliciting" or"No Trespassing"signs; instituting a name search criminal background check; requiring applicants to submit a government ID with photo for a permit; requiring applicants to visibily display their permit;exempting local youth organizations with a physical address in the City from a peddler permit; making it unlawful for anyone under the age of 16 to stand in a roadway to solicit or accept funds; requiring the wearing of a safety vest;and eliminating the charitable solicitor permitting process.There were no comments from the public.In response to a council member, Chief Simpson stated that the background check will require the applicant to provide five-years of residency and no permit will be issued to a felon or someone of moral turpitude. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre and Council Member Scott Absent: 2- Council Member Leal and Council Member Riojas Abstained: 0 12. First Reading Ordinance -Accepting and appropriating additional funding for the Women, Infants and Children (WIC) grant program Ordinance authorizing the City Manager, or his designee, to execute all documents necessary to accept and appropriate a grant amendment in the amount of$141,003.00 from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to provide funds for the Women, Infants, and Children (WIC) program; and to ratify acceptance of this grant amendment to begin as of June 6, 2014. Mayor Martinez referred to Item 12. Director of Public Health Annette Rodriguez stated that the purpose of this item is to accept and appropriate a grant amendment in the amount of$141,003 from the Texas Department of State Corpus Christi Page 8 Printed on 7/24/2014 City Council Meeting Minutes July 22,2014 Health Services for a special supplemental nutrition program for the Women, Infants,and Children (WIC) program.There were no comments from the Council or the public.This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre and Council Member Scott Absent: 2- Council Member Leal and Council Member Riojas Abstained: 0 13. First Reading Ordinance -Accepting and appropriating funds for park improvements Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate $658,416.54 in developer contributions and $220.93 in interest earnings for a sum of $658,637.47 in the No. 4720 Community Enrichment Fund for park improvements, and other related projects. Mayor Martinez referred to Item 13. Director of Parks and Recreation Michael Morris stated that the purpose of this item is to appropriate funds received in the Community Enrichment Funds and allocate the funds for park improvements.There were no comments from the public.A council member asked questions regarding the criteria and requested that staff verify that the funds from Manhattan Estates would be dedicated to Parker Park. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre and Council Member Scott Absent: 2- Council Member Leal and Council Member Riojas Abstained: 0 14. First Reading Ordinance -Closing a portion of a utility easement located west of the South Padre Island Drive (Park Road 22) state right-of-way, and north of the Encantada Avenue public right-of-way Ordinance abandoning and vacating a 1,361-square foot portion of an existing utility easement out of a part of Lot 10A and Lot 12, Blk. 16, Padre Island Number 1, located west of the South Padre Island Drive (Park Road 22) state right-of-way, and north of the Encantada Avenue public right-of-way; and requiring the owner, Island Foundation, Inc., to comply with the specified conditions. Mayor Martinez referred to Item 14.Interim Director of Development Services Barney Williams stated that the purpose of this item is to abandon and vacate an existing utility easement located west of Park Road 22 and north of the Encantada Avenue public right-of-way,and requiring the owner,Island Foundation, Inc.to comply with the specified conditions. There were no Corpus Christi Page 9 Printed on 7/24/2014 City Council Meeting Minutes July 22,2014 comments from the Council or the public.This Ordinance was passed on first reading and approved with the following vote: Aye: 6- Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill and Council Member Scott Absent: 2- Council Member Leal and Council Member Riojas Abstained: 1 - Council Member McIntyre Enactment No: 15. First Reading Ordinance -Closing a portion of a utility easement located north of the Encantada Avenue public right-of-way, and east of the Palmira Avenue public right-of-way Ordinance abandoning and vacating a 2,130-square foot portion of a 10-foot wide utility easement out of a part of Lots 7B, 8B, 9B, 10A, 10B, and 12, Blk. 16, Padre Island Number 1, located north of the Encantada Avenue public right-of-way, and east of the Palmira Avenue public right-of-way; and requiring the owner, Island Foundation, Inc., to comply with the specified conditions. Mayor Martinez referred to Item 15.Interim Director of Development Services Barney Williams stated that the purpose of this item is to abandon and vacate a utility easement located north of the Encantada Avenue public right-of-way and east of the Palmira Avenue public right-of-way,and requiring the owner,Island Foundation, Inc.,to comply with the specified conditions.There were no comments from the Council or the public.This Ordinance was passed on first reading and approved with the following vote: Aye: 6- Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill and Council Member Scott Absent: 2- Council Member Leal and Council Member Riojas Abstained: 1 - Council Member McIntyre 16 First Reading Ordinance - Engineering construction contract for Navigation Boulevard from Up River Road to Leopard Street; amendment no. 1 to an agreement for construction observation services; construction materials testing contract (BOND 2012) Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 by adding capital reserves in the amounts of$1,425,000 from Storm Water CIP Fund 3494, $65,650 from Water Cl P Fund 4088, $60,847 from Gas Cl P Fund 4551, $1,661,514 from Wastewater CIP Fund 4249, transferring $555,557.73 from Street Project 170371 Holly Road from Greenwood to State Highway 286, $1,174,386.14 from Street Project E12102 Twigg from Shoreline to Broadway, $1,575,148.09 from Street Project E12103 Leopard from Crosstown to Palm to the Bond 2012 Street Project Navigation Boulevard from Up River Road to Leopard Street; Corpus Christi Page 10 Printed on 7/24/2014 City Council Meeting Minutes July 22,2014 increasing expenditures in the amount of$3,213,011; authorizing the City Manager or designee to execute a construction contract with Reytec Construction Resources, Inc. from Houston, Texas in the amount of$14,480,215 for Navigation Boulevard from Up River Road to Leopard Street for the Base Bid and Additive Alternate#3, to execute Amendment#1 to an Engineering Agreement with LNV, Inc. of Corpus Christi, Texas in the amount of$269,818 for a restated fee of$1,062,168, for Navigation Boulevard from Up River Road to Leopard Street for construction observation services, and to execute a Construction Materials Testing Contract with Rock Engineering of Corpus Christi, Texas in the amount of$62,044 for Navigation Boulevard from Up River Road to Leopard Street. (Bond 2012) Mayor Martinez referred to Item 16.Interim Executive Director of Public Works Valerie Gray stated that the purpose of this item is to approve an engineering construction contract for Navigation Boulevard from Up River Road to Leopard Road with Reytec Construction Resources, Inc.; execute an amendment No. 1 to the agreement with LNV Inc.for construction observation services; and execute a construction materials testing contract with Rock Engineering. There were no comments from the Council or the public. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre and Council Member Scott Absent: 2- Council Member Leal and Council Member Riojas Abstained: 0 17. First Reading Ordinance - Amending City Code for Utilities to extend utility rates to coordinate with extended fiscal year Ordinance amending the City Code of Ordinances, Chapter 55, Utilities, to continue the current water, gas, and wastewater utility rates adopted by Ordinance 029917 through September 30, 2014, to coordinate with the extended fiscal year for FY 2013-2014, and changing the annual wastewater winter averaging usage to apply to wastewater service after August 31. Mayor Martinez referred to Item 17. Executive Director of Utilities Mark Van Vleck stated that the purpose of this item is to amend the Code of Ordinances to extend the current utilities rate through September 30,2014.There were no comments from the Council or the public.This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre and Council Member Scott Absent: 2- Council Member Leal and Council Member Riojas Abstained: 0 Corpus Christi Page 11 Printed on 7/24/2014 City Council Meeting Minutes July 22,2014 18. First Reading Ordinance -Amending the City code to convert portions of streets as one way during school hours as indicated by signs to relieve traffic congestion near Oak Park Elementary Ordinance amending Section 53-250(b) of the Code of Ordinances to designate all traffic shall move only in the direction indicated during the school hours, indicated by signs, on Elmore Drive and Macleod Drive. Mayor Martinez referred to Item 18.Interim Executive Director of Public Works Valerie Gray stated that the purpose of this item is to amend the Code of Ordinances to convert portions of Elmore Drive and Macleod Drive to one-way during school hours to assist with the congestion at Oak Park Elementary School.Ms. Gray reported that the Transportation Advisory Committee approved this item on July 16,2014.There were no comments from the Council or the public.This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre and Council Member Scott Absent: 2- Council Member Leal and Council Member Riojas Abstained: 0 19. First Reading Ordinance -Amending City Code for Self-Insurance; Claims Settlement to reflect current practices and modify authority to settle claims Ordinance amending Chapter 17, Section 17-18 Self-Insurance; claims settlement, of the Corpus Christi Code of Ordinances in its entirety; providing for severance; providing for publication; and providing an effective date Mayor Martinez referred to Item 19. Risk Manager Donna James-Spruce stated that the purpose of this item is to amend the Code of Ordinances, Chapter 17, Section 17-18 Self-Insurance; claims settlement,to reflect current practices and modify authority to settle claims.There were no comments from the Council or the public.This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre and Council Member Scott Absent: 2- Council Member Leal and Council Member Riojas Abstained: 0 P. FUTURE AGENDA ITEMS: (ITEMS 20 -32) Mayor Martinez referred to Future Agenda Items. Deputy City Manager Margie Rose stated that staff did not have any planned presentation. Corpus Christi Page 12 Printed on 7/24/2014 City Council Meeting Minutes July 22,2014 20. Supply agreement for non-shear flexible couplings Motion approving a supply agreement with Ferguson Enterprises, Corpus Christi, Texas for non-shear flexible couplings in accordance with Bid Invitation No. BI-0147-14 based on lowest local bid for an estimated annual expenditure of$80,291.09, of which $13,381.85 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. This Motion was recommended to consent agenda. 21. Supply agreement for meter box lids Motion approving a supply agreement with Ferguson Enterprises, Corpus Christi, Texas for meter box lids in accordance with Bid Invitation No. BI-0154-14 based on lowest responsible bid for an estimated annual expenditure of$52,397.50, of which $17,465.83 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 Utilities Department in FY 2013-2014. This Motion was recommended to consent agenda. 22. Service agreement for custodial services for nine (9) outlying police buildings Motion approving a service agreement with Martin's Janitorial Service, Corpus Christi, Texas for Custodial Services for Outlying Police Buildings in accordance with Bid Invitation No. BI-0176-14, based on only bid for an estimated annual expenditure of$100,644.00, of which $25,161.00 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 Police Department in FY 2013-2014. This Motion was recommended to consent agenda. 23. Purchase of spare Patterson pump rotating assembly for the Bloomington Pump Station Motion approving the purchase of one (1) spare Patterson pump rotating assembly from The Scruggs Co., Houston, Texas based on Corpus Christi Page 13 Printed on 7/24/2014 City Council Meeting Minutes July 22,2014 sole source for a total amount of$65,290.00. Funds have been budgeted by the Utilities Department in FY 2013-2014. This Motion was recommended to consent agenda. 24. Service agreement for preservation of historical documents Motion approving the purchase of historical document preservation services from Kofile Preservation, Inc., Dallas, Texas, in accordance with the State of Texas Cooperative Purchasing Program for a total expenditure of $147,545.73, of which approximately $41,724.64 is required for the remainder of FY 2013-2014. Funds have been budgeted by the Office of the City Secretary in FY 2014-2015 and will be requested in future fiscal years. This Motion was recommended to consent agenda. 25. Amending interlocal agreement to include Nueces County Emergency District#4 as a participant in the Radio Communications System Resolution authorizing the City Manager, or his designee, to execute an amendment to the Radio Communications System Interlocal Agreement between the City of Corpus Christi, the Regional Transportation Authority and Nueces County to include the Nueces County Emergency Services District#4 as a participant. This Resolution was recommended to consent agenda. 26. Amending interlocal agreement to include the Nueces Jim Wells County Emergency Services District#5 as a participant in the Radio Communications System Resolution authorizing the City Manager, or his designee, to execute an amendment to the Radio Communications System Interlocal Agreement between the City of Corpus Christi, the Regional Transportation Authority and Nueces County to include the Nueces Jim Wells County Emergency Services District#5 as a participant. This Resolution was recommended to consent agenda. 27. Change order no. 4 for head works (Phase 1) and grit system (Phase 2) for Allison Wastewater Treatment Plant Motion authorizing the City Manager or designee to execute Change Order No. 4 with R.M. Wright Construction Company of EI Paso, Texas in the amount of$348,897.89, for a total restated fee of $3,281,860.89 for the Allison Wastewater Treatment Plant Head Works (Phase 1) and Grit System (Phase 2). Corpus Christi Page 14 Printed on 7/24/2014 City Council Meeting Minutes July 22,2014 This Motion was recommended to consent agenda. 28. Interlocal agreement for research services for the City's water distribution system Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the University of Texas at Austin for research services for the City's water distribution system, with City's cost to be $49,547. This Resolution was recommended to consent agenda. 29. Amendment no. 1 to engineering monitoring contract for Periodic Corosion Monitoring Survey 2015 for Mary Rhodes Pipeline Motion authorizing the City Manager or designee to execute Amendment No. 1 to the engineering contract with Russell Corrosion Consultants, LLC of Simpsonville, Maryland in the amount of$46,095 for a total restated fee not to exceed $75,825 for Mary Rhodes Pipeline Periodic Corrosion Monitoring Survey 2015. This Motion was recommended to consent agenda. 30. Amendment no. 1 to engineering contract for the Nueces River Raw Water Pump Station Motion authorizing the City Manager or designee to execute Amendment No. 1 to the engineering contract with Urban Engineering of Corpus Christi, Texas in the amount of$1,688,299 for a total restated fee not to exceed $1,738,035 for Nueces River Raw Water Pump Station for preliminary, design, bid, and construction administration services. This Motion was recommended to consent agenda. 31. Purchase consulting hours from Infor(US), Inc. for duration of Infor Enterprise Resource Planning (ERP) project Motion approving the purchase of additional consulting hours from Infor(US), Inc., Alpharetta, GA, for a total expenditure of$349,400. The acquisition of these consulting hours is available only from Infor (US), Inc. Contingency funds from the Infor ERP Project will be used for this purpose. This Motion was recommended to consent agenda. 32. Renewal of State and Federal external legislative consultant contracts Motion authorizing the City Manager to execute 26-month renewal Corpus Christi Page 15 Printed on 7/24/2014 City Council Meeting Minutes July 22,2014 agreements for governmental relation services with Focused Advocacy for state governmental relations services for$102,000 per year plus reasonable expenses and with Meyers &Associates for federal governmental relations services for$78,000 per year plus reasonable expenses. This Motion was recommended to consent agenda. Q. BRIEFINGS TO CITY COUNCIL: (ITEMS 33 -34) 33. Padre Island Seawall Vehicle Restrictions Mayor Martinez referred to Item 32. Director of Parks and Recreation Michael Morris stated that the purpose of this item is to provide an update on the Padre Island Seawall Vehicle Restrictions.Mr.Morris provided information including a history on the 2008 ballot language for Proposition #8-Seawall Beach Access &Safety,and the 2010 ordinance language, bollard plan,and Texas General Land Office(GLO)approval;funding; other considerations;the shoreline position and associated beach widths from February 2014; beach width variability;a photo of the seawall from March 2014;and five options for consideration. Council members spoke regarding the following topics:the reason that Option A is ADA compliant; Option A not being ADA compliant south of the Windward Parking Lot;the cost to build an ADA ramp down to the beach;accessibility guidelines for on-beach parking areas; a request to receive a ruling from the GLO as to whether the Windward parking lot is close enough or adjacent to that part of the beach with a ramp; a definition of what is considered directly adjacent;whether the City would have to receive GLO approval for phasing in the 2010 ordinance previously approved by the GLO; the major challenges with maintenance and budget costs; placing the bollards parallel to the seawall immediately in the vehicle-restricted area where the width is less than 150% the next anticipated dredging cycle; placing the ramp further south of the 150' beach width point;a combination of Options A and D; communication to the public and providing a visual; providing a timeline;and safety concerns. Council Member McIntyre made a motion to direct staff to come back with a complete plan to phase in and full designs for Phase 1 of implementing the 2008 ballot by restricting vehicular access to that part of the beach that is less than 150'feet,including the means to become ADA compliant and a GLO ruling on the adjacency of the parking lot with full diagrams as early as possible, seconded by Council Member Kelly.A brief discussion ensued regarding the the public's concern with restricting vehicle access on the beach and providing one-way traffic.Council Member McIntyre responded that the City tried to incorporate one-way traffic in the original plan,and it was rejected by the GLO. Council Member McIntyre amended her motion to direct the City Manager, seconded by Council Member Allen and passed unanimously. 34. Barisi Village Development project overview and timeline Mayor Martinez referred to Item 34.Annika Gunning with Development Corpus Christi Page 16 Printed on 7/24/2014 City Council Meeting Minutes July 22,2014 Services stated that the purpose of this item is to introduce the proposed Barisi Village Development project and timeline.Ms.Gunning stated that the project will redevelop a portion of the Pharaoh Valley Country Club Golf Course,west of Ennis Joslin Road between Pharaoh Drive and Nile Drive. Ms. Gunning said that Blackard Global Inc. is interested in redeveloping 40 acres of the golf course, maintain the rest of the golf course and rebuilding the clubhouse in its former location.Ms.Gunning presented the site layout and explained that the developer's intent for the site is to develop a mixed use, pedestrian-oriented community based on developments researched in Europe. To accomplish this,the developer is in the process of rezoning the property to a Planned Unit Development Overlay(PUD)which will allow for a variety of residential, office,and commercial uses.Ms Gunning also reported that the developer is seeking a Public Improvement District(PID)and provided a timeline.Jeff Blackard and Mike Beaty with Blackard Global, Inc. provided an explanation of the PID and presented information on the design concepts. Council members spoke regarding the following topics:the distinction between a PUD and a PID;the PID process and eligible costs; revenues and special assessments;the timing for resolving deed restriction issues; parking; and the traffic impact analysis. R. ADJOURNMENT The meeting was adjourned at 4:48 p.m. Corpus Christi Page 17 Printed on 7/24/2014 COMMISSION ON CHILDREN AND YOUTH —Five (5) vacancies with terms to 5- 01-15 and 5-01-17 representing the following categories: 3 — At Large, 1 — Law Enforcement and 1 —Youth and Family Services. DUTIES: To support a comprehensive system of services and advance policies to meet the needs of Corpus Christi's children, youth and their families including gathering information from people and entities to act as a source of information and referral on issues concerning children, developing an annual community action plan for children, youth and their families, advising the City Council on acquiring and allocating children and youth's resources and services, strengthen communications and encourage partnerships between public and private entities working with children and youth, and serve as an advocate for local, state and federal policy benefitting children, youth and their families to the City Council, and to others as authorized by the Council. COMPOSITION: The commission shall consist of nine (9) members appointed by the City Council. Each appointee shall have demonstrated interest in the welfare of children or youth through occupation or through association with community-based organizations. Members shall be representative of each of the following fields: 1 - Health and Human Services, 1 - Law Enforcement, 1 - Education, 1 - Youth and Family Services, 1 - Nueces County District Attorney's Office, and 3 —At Large members. One (1) member shall be a youth representative from 16 to 21 years of age at time of appointment. Any member who ceases substantial activity in the field or office represented, automatically resigns from the commission. (On 10-10-95, Council approved the addition of a Police Officer to serve as an Advisory Member to be appointed by the Police Chief.) ORIGINAL MEMBERS TERMS APPTD.DATES ***Fran Willms (At Large) 5-01-15 9-25-07 Dr. Ridge Hammons (Education), Chair 5-01-16 5-11-10 *Danny Kollaja (At Large) 5-01-14 3-29-11 Clarissa Silva(D.A.'s Office) 5-01-15 7-26-11 Denise Etheridge (Youth Rep.) 5-01-16 1-24-12 ***Linda Hodge-Gambrill(Youth&Family Svcs.) 5-01-15 5-08-12 Heather Butscher(Health&Human Svcs.) 5-01-16 8-14-12 *David Dow (Law Enforcement) 5-01-14 9-10-13 *Warren Andrich(At Large) 5-01-14 10-22-13 Capt. Tim Wilson(Police Off.) Advisory 12-06-95 Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation (The Commission on Children and Youth is recommending the reappointments of Danny Kollaja (At Large), David Dow (Law Enforcement) and Warren Andrich (At Large). They are also recommending the new appointments of Donine Schwartz (At Large) and Megan Beck(Youth and Family Services). ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Danny Kollaja(At Large) 10 8 (1exc) 80% David Dow(Law Enfor.) 5 4 80% Warren Andrich (At Large) 4 2 (2exc) 50% OTHER INDIVIDUALS EXPRESSING INTEREST Megan Beck 3206 Coral Reef, 78418 Outreach Program Director, YMCA. Received a BA in International Development and French. Activities include: United Way Committee on Homeless Issues Partnership. (Youth and Family Services and At Large) (6/6/14) Richard Burnett 4421 Gaines St., 78412 Assistant Director of Strength and Conditioning, Texas A&M University-Corpus Christi. Received a BS in Kinesiology —Exercise Science and an MS in Kinesiology. Certifications include: National Strength and Conditioning Assn., and Collegiate Strength and Conditioning Coaches Assn. Activities include: American Heart Association's Heart Walk at Whataburger Field, volunteered with Mayor's Fitness Council working with Pinnacle Performance and Fitness. (At Large) (7/16/13) Jo Anne Estrada 2205 Sky Crest, 78418 Criminal Justice Advocate, The Women's Shelter of South Texas. Psychology Major. Activities include: Festival of the Arts and MAP of Texas. (Youth and Family Services and At Large) (10/17/13) Jessica Hamilton Digital City Editor, Corpus Christi Caller-Times. Received a Bachelor of Journalism from University of Texas at Austin. Activities include: Caller- Times Volunteer Initiative, Youth Coach with Boys and Girls Club, and Counselor with Extreme Youth Leadership Camp. (At Large) (4/10/14) Rose Mary Knippa 422 Longview East, 78408 Self-Employed/Owner. Valdez Fleet Sales, Wholesale Vehicles. Attended Del Mar College, Business College. Retired from telephone company as manager of sales, training, safety, office set-up. Activities include: Served on ARB for six years. (At Large) (8/21/13) Donne Schwartz 3252 S. Alameda, 78404 Program Coordinator for Community Coalition Partnerships, The Council on Alcohol and Drug Abuse-Coastal Bend. Received a BA in Psychology from Texas A&M University- Corpus Christi. Texas Certification as an Advanced Certified Prevention Specialist. Activities include: Volunteer at the Art Center of Corpus Christi. (Youth and Family Services and At Large) (6/6/14) LEADERSHIP COMMITTEE FOR SENIOR SERVICES — Eleven (11) vacancies with terms to 2-1-15 and 2-1-16 representing the following categories: 2 — Senior Center Participants, 3 —Direct Service Agency, and 6—Community Representatives. DUTIES: To assist the Senior Community Services (SCS) division staff in the development of comprehensive senior citizens program plans; to advise the SCS division staff of the needs for services according to locally conceived priorities; to review and evaluate SCS operations; to increase recognition of volunteers and public awareness of the division by coordinating and planning special events; and to coordinate and plan fund raising activities to benefit SCS division goals. COMPOSITION: Fifteen (15) members representing the following categories: 2 - Senior Center participants, 3 - Direct service agencies, and 10 - Community representatives. Initially, eight (8) members shall be appointed for a term of one-year and seven (7)members shall be appointed to two-year terms. ORIGINAL MEMBERS TERM APPTD.DATE *Adelfa M. Martinez (Community) 2-01-14 2-24-09 *Esperanza"Hope"Lopez (Senior Ctr.) 2-01-14 2-23-10 ***Billy Ray Sayles (Agency) 2-01-15 7-06-10 *Ida Alvarado Hobbs(Agency) 2-01-14 7-06-10 Henry Edward Savoy(Community) 2-01-15 2-08-11 Willie R. Hardeman, Sr. (Community) 2-01-15 7-26-11 ****Breanna Rye (Agency) 2-01-15 2-14-12 ***Cindi Mutchler(Community) 2-01-14 2-14-12 ***Kenneth Mutchler(Community) 2-01-14 2-14-12 ****Lewis Hardeman (Senior Ctr.) 2-01-15 3-19-13 Maria Elena Flores (Community) 2-01-15 3-19-13 Robert Irwin(Community) 2-01-15 3-19-13 ***Suzanne Beltz,PhD, RN(Community) 2-01-15 3-19-13 *Araceli V. Cabral(Community) 2-01-14 9-24-13 *Val Salinas (Community) 2-01-14 9-24-13 Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation (The Leadership Committee for Senior Services is recommending the reappointments of Adelfa M. Martinez (Community Rep.), Esperanza "Hope"Lopez (Senior Ctr.), Ida Alvarado Hobbs (Direct Service Agency),Araceli V. Cabral (Community Rep.) and Val Salinas (Community Rep.). They are also recommending the new appointments of Anita Woolsey (Community Rep.), Angela Munselle-Woods (Community Rep.) and Ginger Bryant(Senior Ctr.) ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Adelfa M.Martinez(Comm.) 9 6 67% Esperanza Lopez(Sr. Ctr.) 9 8 89% Ida A. Hobbs (Agency) 9 8 89% Araceli Cabral(Comm) 1 0 0% Val Salinas (Comm.) 1 1 100% (Note: Araceli Cabral (Community Rep.) and Val Salinas (Community Rep.) were appointed in September 2013; however, during the remainder of the term to which they were appointed (ending 1-31-14), only one (1) regular meeting was held that was used to calculate their attendance.) OTHER INDIVIDUALS EXPRESSING INTEREST: Juan Carlos Ayala 3802 Panama Dr., 78415 Chaplain, Grace Hospice. Diaconate formation/ education from University of St. Thomas. Deacon for the Diocese of Corpus Christi. Also serves as youth minister. Ordained in 2012. (Direct Service Agency or Community Rep.) (03/28/14) Ginger Bryant 1025 Chamberlain St., 78404 Disabled. Activities include: Lindale Senior Center (Senior Center) (07/15/14) Christina Canales P.O. Box 61280, 78466 Benefits Coordinator, Del Mar College. Received BSBA from University of the Incarnate Word. Activities include: Current member of CUPA-HR and Vice President of Texas Association of Chicanos in Higher Education- Del Mar Chapter. Volunteer for Dress for Success Corpus Christi. (Community Rep.) (6/03/14) Theresa Garcia 5406 Burnham Dr. 4522, 78413 Assistant Professor for College of Nursing and Health Sciences, Texas A&M University-Corpus Christi. Activities include: A member of 4 faculty committees on campus and 3 professional nursing organizations outside of TAMU-CC. (Community Rep.) (04/28/14) Gloria Gooding 6721 Riding Wind Dr., 78414 Business Development Specialist, AAdie Home Health & Psychiatric Services. Studied Journalism & History of Art at North Dakota State University. Founder of the Harvest Moon Ball benefiting "Meals on Wheels". Co-Founder of Memories on Canvas. Is part of the Juvenile Diabetes Research Foundation & American Cancer Society. (Direct Service Agency or Community Rep.) (04/22/14) David Keith 7410 Parsley Ct., 78414 Director, TXCA Corpus Christi. Received Bachelor of Science from Denver State University and MPA from University of Texas at Tyler. Past activities include: Serving on Parks & Recreation Review Board in Highland Ranch, Colorado. COORS Alumni Group, National Scout Association and Aquatics facility operator. (Direct Service Agency or Community Rep.) (5/14/14) Angela Munselle-Woods 12902 McBurnett, 78410 Self-employed/Home repair company. Former Realtor/business owner. Attended Real Estate Institute. Licensed Texas Realtor. She is very interested in getting involved in helping the City in any capacity. (Community Rep.) (1/10/13) Denise S. Villagran 434 Carmel Parkway, 78411 Business Developer Director, Entrust, Inc. Received MBA from Texas A&M University- Corpus Christi. Holds a Texas Department of Insurance Group I License, Insurance Counselor License and Small Group Specialist Designation. Graduate of Leadership Class 24. Former President of local chapter of the American Red Cross(1995), former President of Coastal Bend Association of Health Underwriters (2004 & 2012). Also served on the Corpus Christi Human Relations Commission (2012-2013). (Direct Service Agency or Community Rep.) (03/31/14) Anita Woolsey 7214 St. James Ct., 78413 Director of Adult Education and Senior Adult Ministries, First United Methodist Church. Attended Austin Peay State University, Clarksville, Tennessee. Community Activities Include: Older Adult Council, Seniors Assisting Seniors and Area Agency for the Ageing. (Direct Service Agency or Community Rep.) (5/8/14) d AGENDA MEMORANDUM oaPowR,ko Future Item for the City Council Meeting of July 22, 2014 2852 Action Item for the City Council Meeting of July 29, 2014 DATE: July 22, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager christelam(o)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 Non-Shear Flexible Couplings CAPTION: Motion approving a supply agreement with Ferguson Enterprises, Corpus Christi, Texas for non-shear flexible couplings in accordance with Bid Invitation No. BI-0147-14 based on lowest local bid for an estimated annual expenditure of $80,291.09, of which $13,381.85 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 couplings are stocked by the Warehouse and used by the Utilities Department to splice and repair existing utility lines located throughout the City. BACKGROUND AND FINDINGS: All options to extend the previous contract have been exercised. ALTERNATIVES: None. OTHER CONSIDERATIONS: The recommended award is based on Section 26 of the Council Policies of the City of Corpus Christi Code of Ordinances. The ordinance provides for local preference when a local bidder is within 5% of a non-local bidder. 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 $66,909.24 $2,815,411.24 Encumbered / Expended Amount $1,930,453.54 $0 $1,930,453.54 This item $13,381.85 $66,909.24 $80,291.09 BALANCE $804,666.61 $0 $804,666.61 Fund(s): Stores Fund Comments: The $13,381.85 financial impact shown above represents two (2) months of expenditures that will be encumbered through the end of this fiscal year. The remaining $66,909.24 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-0147-14 BUYER: GERALD GOODWIN NON-SHEAR FLEXIBLE COUPLINGS Morrison Supply Co. Ferguson Enterprises Titan Pipe&Supply Helotes,Texas Corpus Christi,Texas Corpus Christi,Texas UNIT EXTENDED UNIT I EXTENDED UNIT I EXTENDED ITEM DESCRIPTION QTY. UNIT PRICE PRICE PRICE PRICE PRICE PRICE 1.0 NON-SHEAR FLEXIBLE COUPLINGS for wastewater collection lines 1.1 3"sch 40 pvc x 3"sch 40 pvc pipe 18 each 11.10 199.80 27.45 494.10 12.85 231.30 1.2 4"sch 40 pvc pipe x 4"sch 40 pvc pipe 1020 each 14.10 14,382.00 14.11 14,392.20 16.05 16,371.00 1.3 6"sch 40 pvc pipe x 6"sch 40 pvc pipe 75 each 26.90 2,017.50 26.87 2,015.25 30.58 2,293.50 1.4 8"sch 40 pvc pipe x 8"sch 40 pvc pipe 12 each 39.90 478.80 39.92 479.04 45.40 544.80 1.5 10"sch 40 pvc pipe x 10"sch 40 pvc pipe 10 each 51.80 518.00 51.92 519.20 60.14 601.40 1.6 4"clay pipe x 3"sch 40 pvc pipe 10 each 22.40 224.00 22.43 224.30 25.99 259.90 1.7 4"clay pipe x 4"sch 40 pvc pipe 2100 each 20.70 43,470.00 20.70 43,470.00 23.54 49,434.00 1.8 6"clay pipe x 6"sch 40 pvc pipe 350 each 35.00 12,250.00 35.10 12,285.00 39.91 13,968.50 1.9 8"clay pipe x 8"sch 40 pvc pipe 130 each 39.90 5,187.00 40.00 5,200.00 45.40 5,902.00 1.10 10"clay pipe x 10"sch 40 pvc pipe 12 each 51.80 621.60 51.95 623.40 60.14 721.68 1.11 6"clay x 6"clay pipe 10 each 26.90 269.00 26.90 269.00 31.14 311.40 1.12 8"clay x 8"clay pipe 8 each 39.90 319.20 39.95 319.60 46.23 369.84 Total: $ 79,936.90 $80,291.09 $ 91,009.32 Percent local bid is above low bid: 0.44% d AGENDA MEMORANDUM oaPowR,ko Future Item for the City Council Meeting of July 22, 2014 2852 Action Item for the City Council Meeting of July 29, 2014 DATE: July 22, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager christelam(o)cctexas.com (361) 826-3169 Mark Van Vleck, P.E., Executive Director of Utilities Department markvv(o)cctexas.com (361) 826-1874 Supply Agreement for Meter Box Lids CAPTION: Motion approving a supply agreement with Ferguson Enterprises, Corpus Christi, Texas for meter box lids in accordance with Bid Invitation No. BI-0154-14 based on lowest responsible bid for an estimated annual expenditure of $52,397.50, of which $17,465.83 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 Utilities Department in FY 2013-2014. PURPOSE: The meter box lids are used to properly cover and protect meters from damage and tampering. The meter box lids also serve as a point of installation for the meter transmission units (MTU's). 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: 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 $1,321,000.00 $34,931.67 $1,355,931.67 Encumbered / Expended Amount $838,604.77 $0 $838,604.77 This item $17,465.83 $34,931.67 $52,397.50 BALANCE $464,929.40 $0 $464,929.40 Fund(s): Gas Fund Comments: The $17,465.83 financial impact shown above represents four (4) months of expenditures that will be encumbered through the end of this fiscal year. The remaining $34,931.67 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 CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION BID INVITATION NO. BI-0154-14 BUYER: GERALD GOODWIN METER BOX LIDS Ferguson Enterprises Morrison Supply Co. CPR Services&Supplies,Inc. Corpus Christi,Texas Helotes,Texas New Caney,Texas UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED ITEM DESCRIPTION QTY. UNIT PRICE PRICE PRICE PRICE PRICE PRICE 1 10x14 meter box lid 2200 each $ 10.29 $ 22,638.00 $ 10.67 $ 23,474.00 $ 11.16 $ 24,552.00 2 10x16 meter box lid 600 each 18.84 11,304.00 19.40 11,640.00 20.28 12,168.00 3 12x18 meter box lid 250 each 39.95 9,987.50 41.43 10,357.50 43.32 10,830.00 4 15x25 meter box lid 100 each 74.49 7,449.00 77.04 7,704.00 80.55 8,055.00 5 11"round meter box lid 100 each 10.19 1,019.00 9.75 975.00 10.14 1,014.00 Total: $ 52,397.50 $ 54,150.50 $ 56,619.00 d AGENDA MEMORANDUM oaPowR,ko Future Item for the City Council Meeting of July 22, 2014 2852 Action Item for the City Council Meeting of July 29, 2014 DATE: July 22, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager christelam(a-)cctexas.com (361) 826-3169 Floyd Simpson, Chief of Police floyds(a-)cctexas.com 886-2603 Service Agreement for Custodial Services for Outlying Police Buildings CAPTION: Motion approving a service agreement with Martin's Janitorial Service, Corpus Christi, Texas for Custodial Services for Outlying Police Buildings in accordance with Bid Invitation No. BI-0176-14, based on only bid for an estimated annual expenditure of $100,644.00, of which $25,161.00 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 Police Department in FY 2013-2014. PURPOSE: This service agreement will provide custodial services for nine (9) Police Department facilities. BACKGROUND AND FINDINGS: The Police Department did not recommend extending the contract with the previous service provider, so the services were re-procured. 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: Police 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 $253,312.23 $75,483.00 $328,795.23 Encumbered / Expended Amount $228,151.23 $0 $228,151.23 This item $25,161.00 $75,483.00 1 $100,644.00 BALANCE $0 $0 $0 Fund(s): General, Maintenance Service Comments: The $25,161.00 financial impact shown above represents three (3) months of expenditures that will be encumbered through the end of this fiscal year. The remaining $75,483.00 for the last nine (9) 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-0176-14 BUYER: GERALD GOODWIN CUSTODIAL SERVICES FOR OUTLYING POLICE BUILDINGS Martin's Janitorial Service Corpus Christi, Texas Unit Extended ITEM DESCRIPTION QTY UNIT Price Price 1 Training Center-4510 Corona Dr. 12 Mo. $1,100.00 $13,200.00 2 Vehicle Impound - 5485 Greenwood Dr. 12 Mo. 1,000.00 12,000.00 3 Callallen Substation - 1925 Tuloso Rd. 12 Mo. 927.00 11,124.00 4 Flour Bluff Substation - 1456 Waldron Rd. 12 Mo. 700.00 8,400.00 5 Taxi & Parking Control -514 Sam Rankin St. 12 Mo. 300.00 3,600.00 6 Saratoga Substation -2330 Saratoga Blvd. 12 Mo. 1,080.00 12,960.00 7 Organized Crime -805 Comanche St. 12 Mo. 900.00 10,800.00 8 Professional Standards- 5805 Williams Dr. 12 Mo. 800.00 9,600.00 9 Animal Care -2626 Holly Rd. 12 Mo. 1,580.00 18,960.00 Tota I: $100,644.00 CUSTODIAL SERVICES FOR OUTLYING POLICE BUILDINGS Service Agreement No. THIS Custodial Services for Outlying Police Buildings (this "Agreement") is entered into by and between Martin's Janitorial Service (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 Custodial Services for Outlying Police Buildings in response to Bid Invitation No. BI-0176-14 in accordance with Specification 1067 dated 4/29/14 including Additional Instructions to Bidders, 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 Custodial Services for Outlying Police Buildings in accordance with Bid Invitation No. BI-0176-14 (which includes Specification 1067 dated 4/29/14 including Additional Instructions to Bidders (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 (2) additional twelve-month periods subject to the approval of the Contractor and the City Manager, or designee. 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 Police Maintenance and Operations Superintendent. 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. Additionally, the Certificate must state that the 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 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 Bid Invitation No. BI-0176-14 (which includes Specification 1067 dated 4/29/14 and Additional Instructions to Bidders), or the Contractor's bid offer to Bid Invitation No. BI- 0176-14 (Exhibit B)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 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-0176-14 (which includes Specification 1067 dated 4/29/14 and Additional Instructions to Bidders). 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 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: Police Maintenance and Operations Superintendent P.O. Box 9277 Corpus Christi, Texas 78469-9277 Fax No.: (361) 886-2611 IF TO CONTRACTOR: Contractor Martin's Janitorial Service Contact Janie B. Klein Address: PO Box 271759 City, State, Corpus Christi TX 78427 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' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT O CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDE&INITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION O SOONER TERMINATION OF THIS AGREEMENT. SIGNED this; V day of `" 20_/Y. Contractor Martin's Janitorial-Service Janie B. Klein Title: Owner CITY OF CORPUS CHRISTI ("CITY") Christela Morales Date Procurement Manager Incorporated by Reference: Exhibit A: Bid Invitation No. I-0176-14, including Specification 1067 and Additional Instructions to Bidders (Available upon request) Exhibit : Bidder's Bid (Available upon request) AGENDA MEMORANDUM oaPowRko Future Item for the City Council Meeting of July 22, 2014 2852 Action Item for the City Council Meeting of July 29, 2014 DATE: July 22, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager christelam(c�cctexas.com (361) 826-3169 Mark Van Vleck, P.E., Executive Director of Utilities Department markvv(o-)-cctexas.com (361) 826-1874 Purchase of Spare Patterson Pump Rotating Assembly CAPTION: Motion approving the purchase of one (1) spare Patterson pump rotating assembly from The Scruggs Co., Houston, Texas based on sole source for a total amount of $65,290.00. Funds have been budgeted by the Utilities Department in FY 2013-2014. PURPOSE: The pump rotating assembly will be used as a spare for the Bloomington Pump Station. BACKGROUND AND FINDINGS: In order for the Bloomington Pump Station to be online, all pumps must be used simultaneously. If one pump incurs impeller damage a replacement part would not be available for weeks, thus making the station inoperable during that time. Having a spare rotating assembly on hand would make the repair of the pump complete within two days and the station back online. With the start of the Mary Rhodes Pipeline Phase 2 project the acquisition of the spare rotating assembly becomes necessary since the Bloomington Pump Station will be utilized more often in order to receive water from the Colorado River. 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 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 $65,290.00 $0 $65,290.00 Encumbered / Expended Amount $0 $0 $0 This item $65,290.00 $0 $65,290.00 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 PUMP ROTATING ASSEMBLY The Scruggs Co. Houston, TX UNIT TOTAL ITEM DESCRIPTION QTY UNIT PRICE PRICE 1 Rotor assembly for C009186 including 1 Each $65,290.00 $65,290.00 freight. TOTAL: $65,290.00 los _ AGENDA MEMORANDUM Future Item for the City Council Meeting of July 22, 2014 S. Action Item for the City Council Meeting of July 29, 2014 DATE: July 22, 2014 TO: Ronald L. Olson, City Manager FROM: Rebecca Huerta, City Secretary rebeccah&cctexas.com (361) 826-3105 Christela Morales, Procurement Manager c h ri ste l a m p_cctexa s.co m (361) 826-3169 Preservation of Historical Documents CAPTION: Motion approving the purchase of historical document preservation services from Kofile Preservation, Inc., Dallas, Texas, in accordance with the State of Texas Cooperative Purchasing Program for a total expenditure of $147,545.73, of which approximately $41,724.64 is required for the remainder of FY 2013-2014. Funds have been budgeted by the Office of the City Secretary in FY 2014-2015 and will be requested in future fiscal years. PURPOSE: Preservation services will provide for the conservation, treatment, stabilization, preventative care, microfilming and digitization of the City's original records. Each original volume will then be fitted into a Disaster Safe Binder". BACKGROUND AND FINDINGS: As part of its duties, the Office of the City Secretary is responsible for maintaining and safeguarding the official permanent records of the City of Corpus Christi. A recent assessment of the City's original records, dating back to its founding in 1852, has revealed their condition requires the preservation measures recommended herein. 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: Office of the City Secretary FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures Current 2014 (CIP only) Year Future Years TOTALS Line Item Budget $384,281.17 $105,821.09 $490,102.26 Encumbered / Expended Amount $272,933.18 $0 $272,933.18 This item $41,724.64 $105,821.09 $147,545.73 BALANCE $69,623.35 $0 $69,623.35 Fund(s): General, Office of the City Secretary Comments: The $41,724.64 financial impact shown above represents expenditures that will be encumbered through the end of FY2013-2014. The remaining $105,821.09 required for the remainder of this multi-year project will be requested during the normal budget approval process in future fiscal years. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION TXMAS CONTRACT NO.: 13-36010 PRESERVATION OF HISTORICAL DOCUMENTS Kofile Preservation, Inc. Dallas, TX UNIT EXTENDED ITEM DESCRIPTION QTY UNIT PRICE PRICE 1 Preservation of the City's Permanent 1 Lot $130,625.00 Original Historical Records dating to 1852 2 Required Paper Conservation 1 Lot $16,920.73 3 Digitization of Images 1 Lot $0.00 TOTAL: $ 147,545.73 PRESERVATION OF HISTORICAL DOCUMENTS SERVICE AGREEMENT Service Agreement No. THIS Preservation of Historical Douments Service Agreement (this "Agreement") is entered into by and between Kofile Preservation, Inc. (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 Preservation of Historical Documents; WHEREAS the City has determined Contractor to be a Texas Multiple Award Schedule (TXMAS) Contractor; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide Preservation of Historical Documents in accordance with Kofile Preservation, Inc.'s TXMAS Contract Number 13-36010 Quote dated June 10, 2014, for a Grand Total amount of$147,545.73 ("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. 2. Term. This Agreement is for four years, commencing on the date signed by the last signatory hereto and continuing for four years thereafter. The term includes an option to extend for up to two additional one-year 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 City Secretary or her designee ("City Secretary'). 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 the 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 City Secretary 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. 6. Catastrophic Loss. For the purposes of this Agreement, in the event of partial or full destruction or the loss of one or more of the City's documents, caused either directly or indirectly by the Contractor while in the possession of the Contractor, Contractor agrees to pay the City, as liquidated damages and not as a penalty, an amount which is two (2) times the price of restoration on a title-by- records series basis per destroyed or lost book as such individual restoration price per title is shown in Exhibit A. If an event or events of destruction or loss should occur during the term of this Agreement, the Contractor further agrees to immediately notify the Contract Administrator regarding the event and to remit to the City, within 30 days, the total value amount per book destroyed or lost. This provision is deemed to be in addition to, and not in lieu of, any claim or recovery that may be made by the Contractor or the City pursuant to any applicable insurance policy. 7. Assignment. No assignment of this Agreement nor any right or interest herein held 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. 8. 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 301' ) is subject to appropriations and budget approval providing for 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. 9. Waiver. No waiver of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 10. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. 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. 11. 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 City Secretary. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the requirement to obtain and maintain insurance of the types and coverages specified in Exhibit B, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 12. Amendments. This Agreement may be amended only in writing by the parties hereto and signed by the parties. 13. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified herein. 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 ninety (90) days' written notice to the Contractor. The Contractor may terminate this Agreement upon ninety (90) days' written notice to the City. 14. 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. 15. Drug Policy. The Contractor must adopt a Drug Free Workplace policy. 16. Violence Policy. The Contractor must adopt a Violence in the Workplace policy. 17. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered and on the third day after deposit in the U.S. mail if sent certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attention: City Secretary P.O. Box 9277 Corpus Christi, Texas 78469-9277 IF TO CONTRACTOR: Contractor Kofile Preservation, Inc. Contact Michael Cobb Address: 6300 Cedar Springs Road City, State, Dallas TX 75235 - 18. Month-to-Month Extension. If the City has not completed the procurement process and awarded a new Agreement upon expiration of the original contract period or any extension period, the Contractor shall continue to provide goods/services under this Agreement, at the most current price under the terms of this Agreement or extension, on a month-to-month basis, not to exceed six months. This Agreement automatically expires on the effective date of a new contract. 19. 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. 20. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. SIGNED this 1hd day of it 20 , Contractor Kofile Preservation, Inc. J Woolf Title: CFO CITY OF CORPUS CHRISTI ("CITY") Ronald L. Olson Date City Manager ATTEST THIS DAY OF , 20 REBECCA HUERTA CITY SECRETARY Incorporated by Reference for All Purposes: Exhibit A: Kofile Preservation, Inc.'s TXMAS Contract Number 13-36010 Quote, Dated June 10, 2014 Exhibit B: Insurance Requirements L.- EXHIBIT A AVAILABLE UPON REQUEST EXHIBIT B INSURANCE REQUIREMENTS L CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all Bodily injury and Property Damage certificates or by policy endorsement(s) Per Occurrence/Aggregate Commercial General Liability including: $1,000,000 Per Occurrence 1. Broad Form 2. Premises — Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Underground Hazard(if applicable) BUSINESS AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit Commercial Policy 1. Owned 2. Hired &Non-owned 3. Leased and Rented ALL RISK CARGO INSURANCE $750,000 Per Occurrence PROFFESSIONAL LIABILITY $1,000,000 Per Claim BAILEE'S CUSTOMERS' GOODS COVERAGE/ While Documents are in Contractor's Care, Custody and INLAND MARINE VALUABLE PAPERS Control. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. 11. ADDITIONAL REQUIREMENTS A. Contractor 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. If workers'compensation coverage is not written in Texas, Contractor will provide an "All Other States Endorsement" for workers' compensation coverage. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 Fax: (361) 826-4555 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Successful Bidder shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. L It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2014 insurance requirements City Secretary's Office Preservation of Historical Documents 6/27/2014 ds Risk Management d AGENDA MEMORANDUM oaPowRko Future Item for the City Council Meeting of July 22, 2014 2852 Action Item for the City Council Meeting of July 29, 2014 DATE: June 20, 2014 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floyds(aD-cctexas.com 886-2603 Execute an amendment to the Radio Communications System Interlocal Agreement between the City of Corpus Christi, the Regional Transportation Authority and Nueces County to include the Nueces County Emergency Services District #4 as a participant. CAPTION: Resolution authorizing the City Manager, or his designee, to execute an amendment to the Radio Communications System Interlocal Agreement between the City of Corpus Christi, the Regional Transportation Authority and Nueces County to include the Nueces County Emergency Services District#4 as a participant. PURPOSE: The existing interlocal agreement must be modified to include the Nueces County Emergency Services District#4 (ESD#4) who wants to use the public safety radio system. BACKGROUND AND FINDINGS: The Nueces County ESD#4 (Bluntzer) has requested to use the radio system which is jointly owned by the City, RTA, and Nueces County. They will purchase equipment through the contracted vendor which are compatible with the radio system, they will pay all maintenance and user fees for each radio, they will provide hardware maintenance and technical support for radios and equipment owned by Nueces County ESD#4, maintain and provide an updated list of all radios they use, and pay the proportionate share of maintenance and insurance costs for the backbone of the radio system. ESD#4 will pay the City: 1. A one-time startup fee of$562 per radio 2. System annual service fees of$124.08 per radio per year beginning the second year of service 3. System monthly maintenance fees of$14.99 per control unit, $5.63 per mobile unit, and $5.63 per portable unit. The amount of funding is not available as the number of radios to be purchased is not yet known. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered / Expended Amount 0 This item 0 BALANCE 0 Fund(s): General Comments: The amount of funding is not available as the number of radios to be purchased is not yet known. RECOMMENDATION: Staff recommends supporting the resolution. LIST OF SUPPORTING DOCUMENTS: Interlocal cooperation agreement Resolution authorizing the City Manager, or his designee, to execute an amendment to the Radio Communications'System Interlocal Agreement between the City of Corpus Christi, the Regional Transportation Authority and Nueces County to include the Nueces County Emergency Services District#4 as a participant. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute an amendment to the Radio Communications System Interlocal Government Agreement, in compliance with Chapter 791 of the Government Code, between the City of Corpus Christi, the Regional Transportation Authority and Nueces County to include the Nueces County Emergency Services District#4 as a participant. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor 2 of The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott Interlocal Cooperation Agreement between the City of Corpus Christi, Regional Transportation Authority, County of Nueces, and Nueces County Emergency Services District#4 For Radio Communications System (Third Amendment to the Radio Communications System Interlocal Agreement) This Interlocal Cooperation Agreement ("Agreement")is made by and between the City of Corpus Christi, Texas ("City"), a Texas home-rule municipal corporation, Regional Transportation Authority ("RTA"), a metropolitan transit authority under Article 1118x, V.A.T.S., the County of Nueces ("County"), a political subdivision of the State of Texas, and the Nueces County Emergency Services District 44 (Nueces County ESD 44), a political subdivision of the State of Texas, each acting herein by and through its duly authorized official, effective for all purposes upon the execution by all parties. WHEREAS, the City and RTA are parties to an Interlocal Cooperation Agreement dated September 23, 1991 (the "Radio Communications System Interlocal Agreement"), providing for the development and operation of an advanced 800 MHz public safety trunked radio system ("Radio System"); and WHEREAS, the City, RTA, and County are parties to an Interlocal Cooperation Agreement dated February 4, 1994 (the "Radio System Participation Agreement"), being the first amendment to the Radio Communications System Interlocal Agreement; WHEREAS, the City, RTA, and County entered into a Second Amendment to the Radio Communications System Interlocal Agreement with the City of Driscoll solely to allow their participation in the Radio Communications System; WHEREAS, the City, RTA, and County have entered into Memorandums of Agreement with the Naval Air Station, and Port Industries Corpus Christi/Port of Corpus Christi Authority allowing for their participation in the Radio Communications System; WHEREAS, the Nueces County Emergency Services District 44, a Texas Emergency Services District located within Nueces County, desires to use the Radio System developed by City and RTA and being utilized by City, RTA, County, and others; and WHEREAS, the parties desire to allow the Nueces County Emergency Services District 44 to participate in the Radio Communications System Interlocal Agreement, the original 1991 radio communications system agreement allowing for participation by other public entities. NOW, THEREFORE, BE IT AGREED BY THE CITY OF CORPUS CHRISTI, REGIONAL TRANSPORATION AUTHORITY, THE COUNTY OF NUECES AND THE NUECES COUNTY EMERGENCY SERVICES DISTRICT#4 ("Parties"): ARTICLE l: RIGHTS, DUTIES AND RESPONSIBILITIES OF CITY, RTA, AND COUNTY 1. Operate an 800 MHz public safety trunked radio system ("Radio System"). 2. Provide maintenance and support to the Radio System. 3. Provide radio and equipment specifications to Nueces County ESD 44. 4. Provide or assign a Call Group on the Radio System for Nueces County ESD 44 if needed. ARTICLE 2: RIGHTS, DUTIES AND RESPONSIBILIITIES OF NUECES COUNTY ESD 44 1. Purchase or lease radios and equipment through the vendor contracted by City, RTA, and County which are compatible with the Radio System and conform to the specifications provided by City, RTA, and County. 2. Pay the maintenance and user fees to the City, RTA, and County for each radio that is added or supported by the Radio System. 3. Provide hardware maintenance and technical support for radios and equipment owned by Nueces County ESD 44. 4. Maintain and provide City, RTA, and County with a current and an updated list of all radios that Nueces County ESD 44 uses and are supported by the Radio System. 5. Pay proportionate share of maintenance and insurance costs for the backbone of the Radio System. ARTICLE 3: TERM AND TERMINATION This Agreement shall begin on the final date of execution by all parties for an initial term of one (1)year and automatically renew annually without further action of the parties. The City's City Manager, or his designee, is authorized to execute any and all subsequent renewals and amendments to this Agreement on behalf of the City, unless otherwise prohibited by law. This Agreement may be terminated at any time by any party upon ninety (90) days written notice to the other three parties. ARTICLE 4: PAYMENT AND CURRENT REVENUE A. Payment shall be made by Nueces County ESD 44 within thirty (30) days from receipt of the City, RTA, and County's request for expenses incurred in the performance of this Agreement. Any payment made by Nueces County ESD 44 for any of the services provided pursuant to this Agreement shall be made out of current revenues available to Nueces County ESD 44 as required by the Texas Interlocal Cooperation Act. B. Fees for system participation and maintenance to be paid by Nueces County ESD 44 are as follows: A one-time start up fee of$562 per radio System annual service fees: $124.08 per radio per year(beginning the second year of service) System monthly maintenance fees: (Number of Units x Rate per Unit) Control Units: Units x $14.99 Mobile Units: Units x $5.63 Portable Units: Units x $5.63 "Control units" include land-based radios in offices; "mobile units" include radios in vehicles; and "portable units" include radios carried on the officer. "Year," as used in this article, means the period beginning on the final execution date of this Agreement and concluding 365 days later. C. Within 10 days of the final execution date of this Agreement, Nueces County ESD 44 shall determine the number of radios and total count of units to be added to the Radio System and notify the City, RTA, and County of same. Once the radios and units are active in the Radio System, the one-time start up fees for radios placed into service and the initial month's unit maintenance fees will be billed to Nueces County ESD 44. At the beginning of each remaining month this Agreement is in force, Nueces County ESD 44 shall be invoiced for the previous month's monthly maintenance fees. Payment of the annual service fees is due, in advance, beginning on the first anniversary of the final execution date of this Agreement and on every yearly anniversary date thereafter. Nueces County ESD 44 may, but is not required to,pay the monthly maintenance fees in advance for any period of time up to 12 months or the annual anniversary date of the execution of this Agreement, whichever period occurs first in time. D. In the event of an early termination of this Agreement, any unearned funds paid to the City, RTA, and County by Nueces County ESD 44 will be refunded within 30 days of the termination date of the Agreement. A written final accounting will be provided to Nueces County ESD 44 along with the remittance payment. ARTICLE 5: LIABILITY Each party to this Agreement will be responsible for any civil liability for its own actions under this Agreement, except that nothing in this Agreement shall constitute a waiver or limitation on any immunity, defense, or other protection afforded either party under state or federal law. The liability, if any, of either party, shall be that prescribed by the laws of the State of Texas. ARTICLE 6: SEVERABILITY If any portion of this Agreement, or the application thereof to any person or circumstances, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of the Agreement shall not be affected thereby and shall continue to be enforceable in accordance with its terms. ARTICLE 7: NOTICES Notices allowed or required under this Agreement shall be addressed to and sent to the parties as indicated below, unless such address is changed by written notice to such effect, and any notice shall be effective when deposited in the U.S. mail,postage prepaid, certified, return receipt requested. CITY: Ronald Olson, City Manager 1201 Leopard Street Corpus Christi, TX 78401 with a copy to: Floyd Simpson, Chief of Police Corpus Christi Police Department 321 John Sartain Corpus Christi, TX 78401 RTA: Scott Neeley, Chief Executive Officer Regional Transportation Authority 5658 Bear Lane Corpus Christi, TX 78405 COUNTY: Loyd Neal, County Judge Nueces County Courthouse 901 Leopard Street, Room 303 Corpus Christi, TX 78401 Nueces Co. ESD 44: Board President Geoff Attwood PO BOX 260176 Corpus Christi TX 78426 ARTICLE 8: LAW AND VENUE All parties shall comply with all applicable federal, State, county and local laws, ordinances, rules, and regulations pertaining to this Agreement and each party's respective performance hereunder. This Agreement will be interpreted according to the Texas laws which govern the interpretation of contracts. Venue for an action arising under this Agreement shall lie in Nueces County, Texas, and be in accordance with the Texas Rules of Civil Procedure. ARTICLE 9: ENTIRE AGREEMENT AND WRITTEN AMENDMENT This Agreement represents the entire agreement between the parties and may not be modified by any oral agreements or understandings. Any amendments must be made in writing and signed by all parties. No officer or employee of any of the parties may waive or otherwise modify the limitations in this Agreement, without the express action of the governing body of the party. ARTICLE 10: ASSIGNMENT AND SUCCESSORS This Agreement shall be binding on and inure to the benefit of the parties to the Agreement and their respective successors and permitted assigns. This Agreement may not be assigned by any party without the written consent of all of the other parties. This Agreement does not create any personal liability on the part of any officer or agent of the City, RTA, County or Nueces County ESD 44 or any of their respective officers, agents, or employees. ARTICLE 11: NON-WAIVER Failure of any party to this Agreement to insist on the strict performance of any of the conditions or agreements herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver of the right to insist on, and to enforce by any appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. ARTICLE 12: NO WAIVER OF IMMUNITY No party to this Agreement waives or relinquishes any governmental, official, or other immunity or defense on behalf of itself, its officers, employees, and agents as a result of its execution of this Agreement and performance of the covenants contained herein. ARTICLE 13: NO THIRD PARTY BENEFIT This Agreement and all activities under this Agreement are solely for the benefit of the parties and not the benefit of any third party. ARTICLE 14: WARRANTY This Agreement has been officially authorized by the governing body of each party, and each signatory has full authority to execute the Agreement and to legally bind their respective party to this Agreement. ARTICLE 15: CONTINUATION OF PROVISIONS This Agreement amends the existing Radio Communications System Interlocal Agreement and the Radio System Participation Agreement (which is the first amendment to the Radio Communications System Interlocal Agreement) to the extent necessary to allow the Nueces County ESD 44 to participate and use the Radio Communications System. All other provisions of the Radio Communications System Interlocal Agreement and Radio System Participation Agreement that do not conflict with this Agreement remain in full force and effect and are unchanged by this instrument, by express intention of the parties. EXECUTED in quadruplicate to be effective as of the last execution date set forth below: City of Corpus Christi: ATTEST: Approved as to form: Ronald L. Olson Rebecca Huerta Barney Knight City Manager City Secretary City Attorney Date: Date: Date: Regional Transportation Authority: Scott Neeley Chief Executive Officers Date: County of Nueces: ATTEST: Approved as to form: Samuel Loyd Neal Diana T. Barrera Laura Garza Jimenez County Judge County Clerk Nueces County Attorney Date: Date: Date: Nueces County ESD #4: ATTEST: Approved as to form: Geoff Atwood Board President Date: Date: Date: d AGENDA MEMORANDUM oaPowRko Future Item for the City Council Meeting of July 22, 2014 2852 Action Item for the City Council Meeting of July 29, 2014 DATE: June 20, 2014 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floyds(aD-cctexas.com 886-2603 Execute an amendment to the Radio Communications System Interlocal Agreement between the City of Corpus Christi, the Regional Transportation Authority and Nueces County to include the Nueces Jim Wells County Emergency Services District #5 as a participant. CAPTION: Resolution authorizing the City Manager, or his designee, to execute an amendment to the Radio Communications System Interlocal Agreement between the City of Corpus Christi, the Regional Transportation Authority and Nueces County to include the Nueces Jim Wells County Emergency Services District#5 as a participant. PURPOSE: The existing interlocal agreement must be modified to include the Nueces Jim Wells County Emergency Services District#5 (ESD#5) who wants to use the public safety radio system. BACKGROUND AND FINDINGS: The Nueces Jim Wells County ESD#5 (Agus Dulce) has requested to use the radio system which is jointly owned by the City, RTA, and Nueces County. They will purchase equipment through the contracted vendor which are compatible with the radio system, they will pay all maintenance and user fees for each radio, they will provide hardware maintenance and technical support for radios and equipment owned by Nueces County ESD#5, maintain and provide an updated list of all radios they use, and pay the proportionate share of maintenance and insurance costs for the backbone of the radio system. ESD#5 will pay the City: 1. A one-time startup fee of$562 per radio 2. System annual service fees of$124.08 per radio per year beginning the second year of service 3. System monthly maintenance fees of$14.99 per control unit, $5.63 per mobile unit, and $5.63 per portable unit. ESD#5 will be purchasing 6 portable radios at a startup cost of$3,372. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $3,372 $3,372 BALANCE $3,372 $3,372 Fund(s): General Comments: RECOMMENDATION: Staff recommends supporting the resolution. LIST OF SUPPORTING DOCUMENTS: Interlocal cooperation agreement Resolution authorizing the City Manager, or his designee, to execute an amendment to the Radio Communications System Interlocal Agreement between the City of Corpus Christi, the Regional Transportation Authority and Nueces County to include the Nueces Jim Wells County Emergency Services District#5 as a participant. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute an amendment to the Radio Communications System Interlocal Government Agreement, in compliance with Chapter 791 of the Government Code, between the City of Corpus Christi, the Regional Transportation Authority and Nueces County to include the Nueces Jim Wells County Emergency Services District#5 as a participant. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor 2 of The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott Interlocal Cooperation Agreement between the City of Corpus Christi, Regional Transportation Authority, County of Nueces, and Nueces Jim Wells County Emergency Services District#5 For Radio Communications System (Fourth Amendment to the Radio Communications System Interlocal Agreement) This Interlocal Cooperation Agreement ("Agreement") is made by and between the City of Corpus Christi,Texas("City"), a Texas home-rule municipal corporation,Regional Transportation Authority("RTA"), a metropolitan transit authority under Article 1118x, V.A.T.S., the County of Nueces ("County"), a political subdivision of the State of Texas, and the Nueces Jim Wells County Emergency Services District#5 (Nueces Jim Wells County ESD#5), a political subdivision of the State of Texas, each acting herein by and through its duly authorized official, effective for all purposes upon the execution by all parties. WHEREAS, the City and RTA are parties to an Interlocal Cooperation Agreement dated September 23, 1991 (the"Radio Communications System Interlocal Agreement"),providing for the development and operation of an advanced 800 MHz public safety trunked radio system ("Radio System"); and w WHEREAS, the City, RTA, and County are parties to an Interlocal Cooperation Agreement dated February 4, 1994(the"Radio System Participation Agreement"),being the first amendment to the Radio Communications System Interlocal Agreement; WHEREAS, the City,RTA, and County entered into a Second Amendment to the Radio Communications System Interlocal Agreement with the City of Driscoll and a Third Amendment with the Nueces Jim Wells County Emergency Services District#4 solely to allow their participation in the Radio Communications System; WHEREAS, the City, RTA, and County have entered into Memorandums of Agreement with the Naval Air Station, and Port Industries Corpus Christi/Port of Corpus Christi Authority allowing for their participation in the Radio Communications System; WHEREAS, the Nueces Jim Wells County Emergency Services District#5, a Texas Emergency Services District located within Nueces County, desires to use the Radio System developed by City and RTA and being utilized by City,RTA, County, and others; and WHEREAS, the parties desire to allow the Nueces Jim Wells County Emergency Services District#5 to participate in the Radio Communications System Interlocal Agreement, the original 1991 radio communications system agreement allowing for participation by other public entities. NOW,THEREFORE,BE IT AGREED BY THE CITY OF CORPUS CHRISTI, REGIONAL TRANSPORATION AUTHORITY,THE COUNTY OF NUECES AND THE NUECES JIM WELLS COUNTY EMERGENCY SERVICES DISTRICT#5 ("Parties"): ARTICLE 1: RIGHTS, DUTIES AND RESPONSIBILITIES OF CITY, RTA,AND COUNTY 1. Operate an 800 MHz public safety trunked radio system ("Radio System"). 2. Provide maintenance and support to the Radio System. 3. Provide radio and equipment specifications to Nueces Jim Wells County ESD#5. 4. Provide or assign a Call Group on the Radio System for Nueces Jim Wells County ESD#5 if needed. ARTICLE 2: RIGHTS, DUTIES AND RESPONSIBILIITIES OF NUECES JIM WELLS COUNTY ESD#5 1. Purchase or lease radios and equipment through the vendor contracted by City, RTA, and County which are compatible with the Radio System and conform to the specifications provided by City, RTA, and County. 2. Pay the maintenance and user fees to the City, RTA, and County for each radio that is added or supported by the Radio System. 3. Provide hardware maintenance and technical support for radios and equipment owned by Nueces Jim Wells County ESD#5. 4. Maintain and provide City,RTA, and County with a current and an updated list of all radios that Nueces Jim Wells County ESD#5 uses and are supported by the Radio System. 5. Pay proportionate share of maintenance and insurance costs for the backbone of the Radio System. ARTICLE 3: TERM AND TERMINATION This Agreement shall begin on the final date of execution by all parties for an initial term of one (1) year and automatically renew annually without further action of the parties. The City's City Manager, or his designee, is authorized to execute any and all subsequent renewals and amendments to this Agreement on behalf of the City,unless otherwise prohibited by law. This Agreement may be terminated at any time by any party upon ninety (90) days written notice to the other three parties. .ARTICLE 4: PAYMENT AND CURRENT REVENUE A. Payment shall be made by Nueces Jim Wells County ESD#5 within thirty(30) days from receipt of the City,RTA, and County's request for expenses incurred in the performance of this Agreement. Any payment made by Nueces Jim Wells County ESD#5 for any of the services provided pursuant to this Agreement shall be made out of current revenues available to Nueces Jim Wells County ESD#5 as required by the Texas Interlocal Cooperation Act. B. Fees for system participation and maintenance to be paid by Nueces Jim Wells County ESD #5 are as follows: A one-time start up fee of$562 per radio System annual service fees: $124.08 per radio per year(beginning the second year of service) System monthly maintenance fees: (Number of Units x Rate per Unit) Control Units: Units x$14.99 Mobile Units: Units x$5.63 Portable Units: Units x $5.63 "Control units"include land-based radios in offices; "mobile units"include radios in vehicles; and"portable units"include radios carried on the officer. "Year," as used in this article,means the period beginning on the final execution date of this Agreement and concluding 365 days later. C. Within 10 days of the final execution date of this Agreement,Nueces Jim Wells County ESD #5 shall determine the number of radios and total count of units to be added to the Radio System and notify the City,RTA, and County of same. Once the radios and units are active in the Radio System, the one-time start up fees.for radios placed into service and the initial month's unit maintenance fees will be billed to Nueces Jim Wells County ESD#5. At the beginning of each remaining month this Agreement is in force,Nueces Jim Wells County ESD#5 shall be invoiced for the previous month's monthly maintenance fees. Payment of the annual service fees is due, in advance, beginning on the first anniversary of the final execution date of this Agreement and on every yearly anniversary date thereafter. Nueces Jim Wells County ESD#5 may,but is not required to,pay the monthly maintenance fees in advance for any period of time up to 12 months or the annual anniversary date of the execution of this Agreement,whichever period occurs first in time. D. In the event of an early termination of this Agreement, any unearned funds paid to the City, RTA, and County by Nueces Jim Wells County ESD#5 will be refunded within 30 days of the termination date of the Agreement. A written final accounting will be provided to Nueces Jim Wells County ESD#5 along with the remittance payment. ARTICLE 5: LIABILITY Each party to this Agreement will be responsible for any civil liability for its own actions under this Agreement, except that nothing in this Agreement shall constitute a waiver or limitation on any immunity, defense, or other protection afforded either party under state or federal law. The liability, if any, of either party, shall be that prescribed by the laws of the State of Texas. ARTICLE 6: SEVERABILITY If any portion of this Agreement, or the application thereof to any person or circumstances, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of the Agreement shall not be affected thereby and shall continue to be enforceable in accordance with its terms. ARTICLE 7: NOTICES Notices allowed or required under this Agreement shall be addressed to and sent to the parties as indicated below,unless such address is changed by written notice to such effect, and any notice shall be effective when deposited in the U.S.mail, postage prepaid, certified, return receipt requested. CITY: Ronald Olson, City Manager 1201 Leopard Street Corpus Christi,TX 78401 with a copy to: Floyd Simpson, Chief of Police Corpus Christi Police Department 321 John Sartain Corpus Christi, TX 78401 RTA: Scott Neeley, Chief Executive Officer ..Regional Transportation Authority 5658 Bear Lane Corpus Christi,TX 78405 COUNTY: Loyd Neal, County Judge Nueces County Courthouse 901 Leopard Street, Room 303 Corpus Christi, TX 78401 Nueces Jim Wells Co. ESD#5: Board President Jay Behrens PO BOX 398 Agua Dulce,TX 78330 ARTICLES: LAW AND VENUE All parties shall comply with all applicable federal, State, county and local laws, ordinances, rules, and regulations pertaining to this Agreement and each party's respective performance hereunder. This Agreement will be interpreted according to the Texas laws which govern the interpretation of contracts. Venue for an action arising under this Agreement shall lie in Nueces County,Texas, and be in accordance with the Texas Rules of Civil Procedure. ARTICLE 9: ENTIRE AGREEMENT AND WRITTEN AMENDMENT This Agreement represents the entire agreement between the parties and may not be modified by any oral agreements or understandings. Any amendments must be made in writing and signed by all parties. No officer or employee of any of the parties may waive or otherwise modify the limitations in this Agreement,without the express action of the governing body of the party. ARTICLE 10: ASSIGNMENT AND SUCCESSORS This Agreement shall be binding on and inure to the benefit of the parties to the Agreement and their respective successors and permitted assigns. This Agreement may not be assigned by any party without the written consent of all of the other parties. This Agreement does not create any personal liability on the part of any officer or agent of the City,RTA, County or Nueces Jim Wells County ESD#5 or any of their respective officers, agents, or employees. ARTICLE 11: NON-WAIVER Failure of any party to this Agreement to insist on the strict performance of any of the conditions or agreements herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver of the right to insist on, and to enforce by any appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. ARTICLE 12: NO WAIVER OF IMMUNITY No party to this Agreement waives or relinquishes any governmental, official, or other immunity or defense on behalf of itself,its officers, employees, and agents as a result of its execution of this Agreement and performance of the covenants contained herein. ARTICLE 13: NO THIRD PARTY BENEFIT This Agreement and all activities under this Agreement are solely for the benefit of the parties and not the benefit of any third party. ARTICLE 14: WARRANTY This Agreement has been officially authorized by the governing body of each party, and each signatory has full authority to execute the Agreement and to legally bind their respective party to this Agreement. ARTICLE 15: CONTINUATION OF PROVISIONS This Agreement amends the existing Radio Communications System Interlocal Agreement and the Radio System Participation Agreement(which is the first amendment to the Radio Communications System Interlocal Agreement)to the extent necessary to allow the Nueces Jim Wells County ESD#5 to participate and use the Radio Communications System. All other provisions of the Radio Communications System Interlocal Agreement and Radio System Participation Agreement that do not conflict with this Agreement remain in full force and effect and are unchanged by this instrument,by express intention of the parties. EXECUTED in quadruplicate to be effective as of the last execution date set forth below: City of Corpus Christi: ATTEST: Approved as to form: Ronald L. Olson Rebecca Huerta Barney Knight City Manager City Secretary City Attorney Date: Date: Date: Regional Transportation Authority: Scott Neeley Chief Executive Officers Date: County of Nueces: ATTEST: Approved as to form: Samuel Loyd Neal Diana T. Barrera Laura Garza Jimenez County Judge County Clerk Nueces County Attorney Date: Date: Date: Nueces Jim Wells County ESD#5: ATTEST: Approved as to form: Jay Behrens Board President Date: Date: Date: Us IT AGENDA MEMORANDUM Future Item for the City Council Meeting of July 22, 2014 1§52 Action Item for the City Council Meeting of July 29, 2014 DATE: June 19, 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 Change Order No. 4 Allison Wastewater Treatment Plant Head Works (Phase 1) and Grit System (Phase 2) CAPTION: Motion authorizing the City Manager or designee to execute Change Order No. 4 with R.M. Wright Construction Company of EI Paso, Texas in the amount of $348,897.89, for a total restated fee of $3,281,860.89, for the Allison Wastewater Treatment Plant Head Works (Phase 1) and Grit System (Phase 2). PURPOSE: The purpose of this agenda item is to obtain authority to execute Change Order No. 4 with R.M. Wright Construction Company of EI Paso, Texas for Allison Wastewater Treatment Plant Head Works (Phase 1) and Grit System (Phase 2). BACKGROUND AND FINDINGS: This change order includes cleaning out and refurbishing the existing East Aeration. The existing East Aeration Basins have not been cleaned out since the basins were put into service in 1985. During the design phase, the grit basin was drained and there was some grit observed in the bottom but the hopper bottom was not full. Approximately two years after the basin was inspected for design the grit basin was taken out of service for construction and found that the hopper bottom was completely full and the grit stacked halfway up the remaining basin, approximately eight feet deep above the hopper. The contract did not account for the additional quantity, approximately an additional 340 tons above what was anticipated. It is recommended the East Aeration Basins be taken out of service and completely cleaned out of settled grit, debris rags, etc. and the existing air drop aeration system will be refurbished by replacing missing air drops, replacing damaged air drops and replacing the lower support system. ALTERNATIVES: 1. Authorize the execution of the change order. 2. Do not authorize the execution of the change order. (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 $3,148,400.00 $4,876,100.00 $8,024,500.00 Encumbered / Expended Amount $3,148,400.00 $30,352.70 $3,178,752.70 This Item $348,897.89 $348,897.89 Future Anticipated Expenditures This Project $228,088.41 $228,088.41 BALANCE $0.00 $4,268,761.00 $4,268,761.00 Fund(s): Wastewater C I P #4 Comments: This change order requires approximately 90 calendar days with anticipated completion October 2014. The change order will result in the expenditure of an amount not to exceed $348,897.89. RECOMMENDATION: City Staff recommends approval of Change Order No. 4 with R.M. Wright Construction Company of EI Paso, Texas in the amount of $348,897.89, for a total restated fee of $3,281,860.89, for the Allison Wastewater Treatment Plant Head Works (Phase 1) and Grit System (Phase 2). LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Change Order PROJECT BUDGET ALLISON WASTEWATER TREATMENT PLANT HEAD WORKS (PHASE 1) & GRIT SYSTEM (PHASE 2) FUNDS AVAILABLE: Wastewater C I P................................................................................................ $8,024,500 FUNDS REQUIRED: *Construction w Change Order No. 1-3 (R.M. Wright) Base Bid plus Add. Alt. No. 1 &2... 2,932,963 **Change Order No. 4 THIS ITEM......................................................................... 348,898 Engineer Fees: ***Engineer Design through Amendment No. 3 (Urban Engineering)............................. 296,565 Construction Materials Testing (Kleinfelder) ............................................................ 10,500 Geotechnical Testing (Kleinfelder) ........................................................................ 5,500 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance)............................. 51,327 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt)......................................... 95,321 Misc. (Printing, Advertising, etc.)........................................................................... 14,665 TOTAL............................................................................................................ $3,755,739 PROJECT BUDGET BALANCE.......................................................................... $4,268,761 *Original construction contract awarded on September 18, 2012 by Motion No. 2012-168 **Total change orders, including this item, equal 18.3%; however, funds are available in the overall project ***Original Engineer Design Contract awarded on April 21, 2009 by Motion No. 2009-098. Amendment No. 1 awarded on November 8, 2011 by Motion M2011-252. Construction Observation Services are included in Engineer Design Contract. ....................... , , ''" . PROJECT LOCATION rr rpr f Ib LOCATION MAP NOT TO SCALE PROJECT NO. 7417 ALLISON WASTEWATER TREATMENT EXHIBIT B PLANT HEAD WORKS (PHASE 1) AND CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS GRIT SYSTEM (PHASE 2) PAGE: 1 OF 1 !' E N +' N f � N a N � � O 0 0 w EE N 'L O CL — +� N ca �N N U � }' U O m .— U u ca — X otwoc c� c: L7 Q '� o N a� w o W U cn DC V C� z 1 , z T J Z LLI Z j N V � E Mo 00.U 4- 0 .7 Q W s `� • 0 0 ca 4� •u O CSN 00 N N 22 U N —0 u V M u 0 M V0 m N .� O O c� z U _N M 4—J Q V Ln E po oo _ Wo) u two m3 � � O a O U s 4z V u , CU � 0- O u VI v - E 0 n = r 00 0 2 _ 7 K 7 7 7 7 co l (o 0 C14) / \ \ 7 06 E \ \ 2 � 2 � � � � 0 � _ ° e E \ \ ° 3 A : 2 \ % ® ( I £ a ? : e .C: o .g 6 ; 0 2 : ) & R \ \ a $ a = \ ) 0 % \ ( q : Cl) : ; f m = 2 � : , . 2 2 / O : : ' / : q G 0 a \ : w ; \ ( \ \ % 00 & \ cl) -0 \ `w- r n a) /§ 0 7 .� 2 W : $ E \ q E \ ( \ ƒ 2 / 0 ' 7 $ � W " / a t B & (D / : / CU 0 2 n £ E a § O m - @ _ % � ƒ � f � £ f .t� w E a s R () ? 00 " § w u 6 E f : _ _ £ ■ : .g = o O Z Cl)o o k ) D a t § E O - D (D . 7 u 0 2 : o : \ _ . . Q \ CY § 0 § \ \ E ) ■ \ \ E 2 '7 © : R o = L = _ $ E o 2 » « ■ o 0 0 E § . 0 0 / s o e \ \ ` n n 2 0 � q W - o .9 = D k % c: Q / s .E f E _ O 5 U § § § ° f \ * § 2 O CL / / CU E , ..» L $ � / | E | 0 0 ± R \ | | 2 L EClEIVE I CHANGE ORDER f�,���� (D Department of Engineering Services By._. :. City of Corpus Christi, Texas -. CHANGE ORDER NO: 4 FUNDING SOURCE: 4248-150"725 CONTRACT TIME: '~'455 C.D. Operating Department: wastewater DATE: June 9, 2014 Name of Project: Allison WTP New Mec:da, Bar Screen and Grit Removal Im rovements Cit Prom'ect No7417 Contractor: R.M. Wright Construction Co. CHANGE ADD Deduct Add or Deduct the following items to the contract: See Attached Breakdown 1. East Aeration Basins cleaning and aeration system rehabilitation. $296, 1.69,09 2. Removal of excess grit from Grit: Removal Ura.i.t. $49,034 .80 3. deduct unused quantities to adjust for final.. ($12, 865.00) 4, Add additional quantities for widening and extencdi.rrg driveway to New Mech. Bar Screen Unit and extending retaining wall $16,559. 00 7417C'w R $348,897,89 550910-4249-00000-150725 TOTAL ADD: $345,897.89 r Why was this change necessary? (If left off the plans and specifications explain why?p W. Aeration rehab'd in original scope and E. Aeration needs the same. Between design and construction the grit basin filled with grit and contract did riot account for the additional quantity. Staff requested wider and longer concrete driveway for better access to screenings containers. How can similar changes be avoided in the future? Unavoidable. Problems and issues riot. determined until construction was .underway. A. CONTRACT PRICE. . . . . . . . . . . . . . . . . . . . . . . . .$ 2, 772, 562.00 � B. TOTAL CHANGE ORDERS (inc. current) . . . . .� 5C)9,I )8.891/ C. NEW CONTRACT PRICE. . . . . . . . . . . . . . . . . . .$ 3,281 ,860.89 - � PERCENTD. THIS CHANGE E. TOTAL . . . . 18.4% r DER 9 F. PRt°,47IOUSIMI;R . . . . . . . $ 348,897. 8 AUTHORIZED . . . . , . „ . . . . . 6C.11� � �(����" o]ect Manager - G. ADDIL CONTRACT TIME THIS CHANGE ORDER. . 192 C..D. H. 'T'OTAL: ADDITIONAL TIME.. . . . . . . . . . . . . . . . . . 268 C.D. - CITY OF CORPUS CHRISTI, TEXAS CONTRACTOR B y: B y: Director of Engineering Services APPROVED: ,r'' � operating Department Director of Management & Budge Legal Department CHANGE ORDER NO.4 ATTACHMENT June 9, 2014 ALLISON WWTP MECH BAR SCREEN -CITY PROJECT NO.7417 DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT EAST AERATION BASIN IMPROVEMENTS 1. Bands, Insurance, Labor, Overhead 1 LS $163,885.00 $163,885.00 2. Clean Six Existing Aeration Basins 1 LS $74,955.00 $74,955.00 3. Reinstall Missing Air Drops to Air Piping [1] 47 EA $176.85 $8,311.95 4. Provide New For Missing Air Drops [2] 15 EA $400.00 $6,000.00 5. Replace Air Drop Tees/Orifices with New 20 EA $150.00 $3,000.00 6. Provide New Lower Diffusers if Missing 20 EA $37.50 $750.00 7. Replace Air Drop Lower Clamp Supports 150 EA $26.67 $4,000.50 8. Reinstall Air Drop Lower Clamp Supports 75 EA $10.00 $750.00 9. Replace Existing Air Drop Lower Support Angle 426 LF $26.55 $11,310.30 10. Replace Existing Air Drop Wall Support Angle 66 EA $160.61 $10,600.26 11. Replace 8"Air Piping Couplings 24 EA $366.67 $8,800.08 12. Haul Off Solids from Aeration Basins 50 Tons $29.12 $1,456.00 13. Landfill Disposal Cost 50 Tons $47.00 $2,350.00 EAST AERATION BASIN REHAB SUB-TOTAL $296,169.09 [1]There are 47 airdrops counted as missing. [2]Provide and install new air drops for those not found in tank or at the plant. REMOVAL OF EXCESS GRIT FROM GRIT REMOVAL UNIT 1. Equipment and Labor to Remove Excess Grit 1 LS $22,474.00 $22,474.00 2. Haul Off Excess Grit from Grit Removal Unit 340 Tons $31.12 $10,580.80 3. Landfill Disposal Cost 340 Tons $47.00 $15,980.00 EXCESS GRIT REMOVAL SUB-TOTAL $49,034.80 DEDUCT THE FOLLOWING BID ITEMS FROM THE CONTRACT 6. 4"Thick Sidewalk -123 SF $5.00 ($615.00) AAA2-4 Replace Air Drop Tees/Orifices with New -20 EA $200.00 ($4,000.00) AAA2-5 Replace Air Drop Lower Clamp Supports -150 EA $55.00 ($8,250.00) DEDUCTED QUANTITIES SUB-TOTAL ($12,865.00) ADD THE FOLLOWING BID ITEM QUANTITIES TOTHE CONTRACT 7. Lime Stablized Subgrade 61 SY $9.00 $549.00 8. 6"Thick Concrete Pavement 65 SY $60.00 $3,900.00 9. 6" Block Curb 4 LF $15.00 $60.00 10. Retaining Wall 5 LF $250.00 $1,250.00 AAA2-3 Reinstall Missing Air Drops to Air Bridges 14 EA $150.00 $2,100.00 AAA2-6 Reinstall Air Drop Lower Clamp Supports 174 EA $50.00 $8,700.00 ADDED QUANTITIES SUB-TOTAL $16,559.00 CHANGE ORDER NO.4 TOTAL $348,897.89 S:1Projects115000UP1164451B100tiCONSTRUCTION%Change Orders=#4-E.Aeration&Grit1CO#4 Cost Prop.revt 06.09.14.xls Page 1 of 1 Job No, 16445.131.00 ENGINEERING June 12, 2014. TRANSMITTED VIA EMAIL. AND ORIGINAL MAILED Mr, Albert Pardo, P.E. City of Carpus Christi Bldg 5 4917 Nally Rd'. Corpus Christi, Tx 78411 Subject: Allison WWTP Mechanical Bar Screen and Grit Removal Improvements City Project No. 7417 Dear Mr. Pardo: Attached please fired four (4) sets of Change Order No. 4 for the subject project. Each has been signed by the contractor and myself. This change order involves the following: 1. Bast Aeration Basins: graining and cleaning completely all five basins and rehabilitating the aerations system. The amount of solids in the existing basins is unknown. The Contractor will be paid for the actual amount of tons hauled and disposed of. 2. Excess Grit Removal: During the design phase the grit Basin was drained and there was some grit observed in the bottom but the hopper bottom was not full. The Contract Documents did not indicate that the Contractor would have to deal with more than normally expected amount of chit in the basin. When the Grit Basin was taken out of service it was found that the hopper bottom was completely full and the grit stacked' halfway up the remaining basin (approx. 8' deep above the hopper). It took them more than a week to remove all the grit to the sand drying beds. We calculated the total volume of grit removed to be approx. Ogg tons and have deducted 60 tons for the hopper bottom that the contractor would have had to take care. That leaves 340 tons above what was anticipated. The Contractor will be paid for the actual amount of tans hauled and disposed of. 3. Deduct Unused Quantities: There are some quantities that were not used on this project. 4. AddQuantities: Items 7 to 10 were added quantities at the request of the Wastewater Dept. (at the time) to widen and extend the concrete driveway that provides access to the debris containers located under the New Mechanical Bar Screen structure. AAA2-3 and AAA2-6 were additional quantities necessary to complete the rehabilitation of the West Aeration Basin aeration system (they were done instead of items AAA -4 and AAA2-5 noted In Item No. 3 above). Not included in Item No. 3 is $833.93 remaining in the Utility Allowance. We have left that as available in case there are in minor issues that arise from the East Aeration Basin work. (361)854-31171 2725 SwANTNER DR, e, CORPUS CHRISTUeXAS 78404 FAX(361)854-6001 www,urbaneng,corn TBPF Firm#145 TBPLS Firm#10032400 Mr. Albert Pardo, P.E. June 12, 2014 Page 2 We arrived at the additional time noted on the change order based on what we believe is the status of the existing contract time as provided in the following; Original Total Contract Time: 455 Calendar Days Additional Time by Change Order. 76 Calendar Days Total Time Authorized: 531 Calendar Days (through Change Order No. 3) November 5, 2012: Contract Time Started April 20,2014: Contract Time Ended (after 531 C.D.$) Anticipating Council approval by July 22, 2014 and three months for construction (through Oct. 29, 2014) amounts to 192 additional calendar days. Total additional days, including previous change orders, is then 268 Calendar Days. Should you have any questions please call me. Anything we can do to expedite the change order would be appreciated. The Contractor has finished his original scope of work and he has left his equipment on site anticipating approval of the East Aeration Basin work. Sincerely, U'AR.BA,N ENGINEERING YV� Mark Maroney, P.E. MM/ Enclosure xc: Mark Guerra, P.E.—Construction Services w/enol, via email James Hams, P.E.—Capital Programs w/encl.via email Daniel Deng,P.E.—Capital Programs w/encl.via email Randy Wright, RM Wright Construction via email DEPARTMENT OF CAPITAL PROGRAMS CHANGE ORDER SUMMARY SHEET PROJECT: Allison Wastewater Treatment Plant Head Works (Phase 1) and Grit System (Phase 2) APPROVED: City Council on 09/18/2012 - Motion No. M2012-168 CONTRACTOR: R.M. Wright Construction Company E I Paso, Texas TOTAL CONTRACT AMOUNT ..................... $2,772,662.00 25% Limit Amount ......................................... 693,165.00 Change Order No. 1 (01/04/13)..................... 47,944.00 Change Order No. 2 (10/23/13)................... 15,018.00 Change Order No. 3 (01/08/14)................... 97,339.00 Change Order No. 4 THIS ITEM .................. 348,897.89 Total ......................................................... $509,198.89 = 18.36%< 25% NEW CONTRACT AMOUNT......................... $3,281,860,.89 Sc 0 AGENDA MEMORANDUM powRko Future Item for the City Council Meeting of July 22, 2014 1852 Action Item for the City Council Meeting of July 29, 2014 DATE: June 19, 2014 TO: Ronald L. Olson, City Manager THROUGH: Gustavo Gonzalez, P.E., ACM Public Works & Utilities FROM: Mark Van Vleck, P.E. Executive Director of Utilities MarkVV@cctexas.com (361) 826-1874 Interlocal Agreement between the University of Texas at Austin and the Citv of Corpus Christi CAPTION: Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the University of Texas at Austin for research services for the City's water distribution system, with City's cost to be $49,547. PURPOSE: The purpose of the Agreement is for the University to provide the City with research services related to microbial analysis in the Corpus Christi chlorinated distribution system for optimization of molecular analysis for detection of nitrifying organisms. BACKGROUND AND FINDINGS: The Water Utilities Laboratory is expanding to include a DNA testing section. The method will be polymerase chain reaction (PCR) to detect nitrifying organisms in the City's water distribution system. This will be used as an early detection system for nitrification, which will improve understanding of water quality. To make this endeavor successful, a molecular community analysis must be performed by UT to optimize the DNA primers and probes used in PCR. ALTERNATIVES: None. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: This agreement conforms to City Charter requirements. EMERGENCY/ NON-EMERGENCY: Non- Emergency. DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures 2014-15 (CIP only) Current Year Future Years TOTALS Line Item Budget $107,500 Encumbered / Expended Amount This item $49,547 BALANCE $57,953 Fund(s): Utilities -Water Comments: RECOMMENDATION: Approval of the Interlocal Agreement between UT and the City. LIST OF SUPPORTING DOCUMENTS: Interlocal Agreement Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the University of Texas at Austin for research services for the City's water distribution system,with City's cost to be $49,547. 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 University of Texas at Austin for research services for the City's water distribution system, with City's cost to be $49,547. A copy of the Interlocal Agreement 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 Rioj as Mark Scott INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI and THE UNIVERSITY OF TEXAS AT AUSTIN This Interlocal Agreement("Agreement")is made by and between the University of Texas at Austin, a public institution of higher education located in Austin,Texas("the University")and the City of Corpus Christi,a Texas home-rule municipality located principally in Nueces County,Texas,acting by and through its duly authorized City Manager,or designee("the City"),and collectively referenced to as "Parties" or individually referenced to as "Party." WHEREAS,the parties are authorized to enter into this Agreement pursuant to the provisions of the "Texas Interlocal Cooperation Act", Chapter 791 Texas Government Code;and WHEREAS,the City of Corpus Christi desires that University perform certain research services hereafter described and is willing to compensate University for such services;and WHEREAS,the University is willing to perform such research services; Now therefore,The University and the City agree as follows: I. AGREEMENT PURPOSE The purpose of this Agreement is for the University to provide the City with research services related to microbial analysis in the Corpus Christi chlorinated distribution system. H.OBLIGATIONS OF UNIVERSITY OF TEXAS AT AUSTIN A. The University agrees to provide the City with services for the Project as set out in the Exhibit"A" (Scope of Services)attached to this Agreement and incorporated by reference. B.The University shall appoint one staff person to act as the single point of contact with the City ("University SPDC").The University SPOC shall possess the decision-making authority necessary to provide the services under the Agreement. Contact information for the University SPOC is: Dr.Mary Jo Kirisits Associate Professor 310 E Dean Keeton St. Stop C 1786 Austin,Texas 78712 Email: kirisits@mail.utexas.edu Phone: 512-232-7120 C. If the identity of the University SPOC changes,the University will designate a replacement and provide written notification of this change to the City SPOC within thirty(30)days. D.The University SPOC will provide monthly interim status report(s)via email correspondence to the City SPOC on the progress of the University's services as described in Exhibit "A"(Scope of Services). H1.OBLIGATIONS OF THE CITY OF CORPUS CHRISTI A. In consideration for the services to be performed under this Agreement as described Exhibit"A" (Scope of Services),the City agrees to pay the University a total contract amount not-to-exceed$49,547, 1 as set out in the itemized budget in Exhibit"A"(Budget)attached to this Agreement and incorporated by reference. B. Specific funding for the services described in Exhibit"A"will be paid by the City of Corpus Christi. C.The City shall appoint one staff person to act as the single point of contact with the University("City SPOC"). Contact information for the City SPOC is: Nikki Gordon Project Manager,Water Utilities Laboratory Utilities Department,City of Corpus Christi 13101 Leopard Corpus Christi,TX 78410 Email:NikkiG@cctexas.com Phone:361-826-1843 D. If the identity of the City SPOC changes,the City will designate a replacement and provide written notification of this change to the University SPOC within thirty(30)days. IV.TERM AND TERMINATION A.This Agreement begins on March 1,2014,and ends on July 31,2014, unless previously terminated in accordance with this Agreement.This Agreement expiration date may be extended,subject to the prior written approval of the parties,and authorization of the City of Corpus Christi. B. If either party defaults in the performance of any of the terms or conditions of this Agreement,the defaulting party shall have thirty(30)days after receipt of the nondefaulting party's written notice of the default to cure the default.If such default is not cured within the thirty(30)day period,the nondefaulting party has the right without further notice to terminate this Agreement. V.PAYMENT FOR SERVICES A.The University agrees to submit invoices, in a form acceptable to the City,on a monthly basis,but not less than quarterly.The invoices shall be sent to: Nikki Gordon Project Manager, Water Utilities Laboratory Utilities Department,City of Corpus Christi 13101 Leopard Corpus Christi,TX 78410 Email:NikkiG@cctexas.com Phone: 361-826-1843 Upon receipt of complete and correct invoices,remittance will be payable to University of Texas at Austin and sent to: The University of Texas at Austin Office of Accounting Attn: Sponsored Projects Award Administration PO Box 7159 Austin,Texas 78713-7159 B. Each party paying for the performance of governmental function or services shall make those payments from current revenues available to the paying party. 2 VI.INTELLECTUAL PROPERTY Reports,designs,and other work("Material')developed by the University under this Agreement is the property of the University. The University warrants and represents the Material is the independent work of the University and an original work of authorship under the U.S.Copyright Act. Furthermore,the University warrants and represents the University has the right to license the Material to the City.The University licenses and grants to the City an irrevocable,nonexclusive,and royalty-free license to use, reproduce,copy,publish,prepare derivative works from,distribute to the public,perform,and display publicly for or on behalf of the City,the intellectual property rights in the Material developed as part of the work under this Agreement. VII. MISCELLANEOUS A. Severability. If a court of competent jurisdiction determines that a term or provision of the Agreement is void or unenforceable,the remainder of this Agreement remains effective to the extent permitted by law. B. Law and Venue.This Agreement shall be governed by the laws of the State of Texas,without regard to conflict of law principles which would apply the law of any other jurisdiction.Venue for any lawsuit or litigation arising from this Agreement shall be in Austin,Texas. C.Assignment.A party to this Agreement may not assign or transfer its interests under this Agreement. D.Amendment in Writing.This Agreement may be modified in whole or in part only by a writing properly executed by both parties.Neither any representation or promise made after the execution of this Agreement,nor any modification or amendment of this Agreement, shall be binding on the parties unless made in writing and properly executed by both parties. E. Entire Agreement.This Agreement constitutes the entire Agreement and understanding between the parties and supersedes all previous agreements,understandings,discussions,or representations concerning its subject matter. F.Notice.Notices to either party shall be in writing,and may be either hand-delivered or sent by certified or registered mail,postage paid,returns receipt requested.If sent to the parties at the addresses designated in this Agreement,notice shall be deemed effective upon receipt in the case of hand-delivery and three days after deposit in the U.S.Mail in case of mailing.All notices to the University shall be sent to the address of the University SPOC in Section II B. above. All notices to the City shall be sent to the address of the City SPOC in Section III C.above. G. Survival of Obligations. All obligations that impose continuing obligations on the Parties, including but not limited to reports,ownership of intellectual property,and warranty of title shall survive the expiration or termination of this Agreement. H. Signature Authority. The parties attest that the signatories below are duly authorized by their respective parties to enter into this Agreement. 3 WHEREFORE,this Interlocal Agreement is effective on the date of execution by the last of the party to sign this Agreement. The University of Texas at Austin City of Corpus Christi By: By: David H w 'ns Name: AssociatJ Director Office of Sponsored Projects Title:n Date: L UN� Date: Approved as to form: By: Assistant City Attorney 4 EMMIT A SCOPE OF SERVICES See attached 5 Proposal for The City of Corpus Christi To: Gabriel Ramirez and Nikki Gordon From: The University of Texas at Austin, Dr. Mary Jo Kirisits and Dr. Sungwoo Bae 2/15/14 Task 1. Microbial community analysis in the Corpus Christi chloraminated distribution system to identify key nitrifying microorganisms In our previous report,amoA genes from Bacteria and Archaea in the Corpus Christi distribution system were monitored through gPCR.Given the amoA concentrations measured, the report suggests that diverse AOB and AOA might be present throughout the distribution system. For example,the occurrence of amoA genes from total Bacteria was more frequent than that from Nitrosomonas oligotropha(a Bacteria), indicating that unidentified amoA genes from AOB were predominant in the distribution system.In a recent report examining 112 drinking water samples (source waters,pilot-plant and full-scale distribution systems),Nitrosomonas oligotropha occurred widely but other substrains of Nitrosomonas oligotropha and Nitrobacter also were common(Starke et al.2013). To allow the City of Corpus Christi to ensure that their monitoring program is specific and appropriate to their particular distribution system,we propose to collect microbial community structure data about the City of Corpus Christi distribution system. With the three Taqman AOB assays that we have applied previously to City of Corpus Christi samples,Nitrosomonas oligotropha was the only one detected(i.e.,Nitrosospira and non-oligotropha Nitrosomonas were not observed). However,a Bacterial community analysis (via pyrosequencing) for the City of Corpus Christi will demonstrate if any other AOB should be routinely monitored;the community analysis will be performed using DNA extracted from previous samples across the year. If no other AOB are routinely found in this analysis,we suggest that the City of Corpus Christi continue the Taqman assay for only Nitrosomonas oligotropha on a routine basis. If other AOB are routinely found in this analysis,we will develop Taqman assays for those organisms(Task 2.2);we will suggest that the City of Corpus Christi perform these Taqman assays and that for Nitrosomonas oligotropha on a routine basis. (Note: Taqman assays are preferable over SYBR Green assays because melting-curve analysis for each sample is not required for a Taqman assay.) We also propose an AOA microbial community analysis (pyrosequencing) for the City of Corpus Christi because the specific AOA important in their distribution system are unknown; we currently are using a SYBR Green gPCR assay for AOA from marine environments because no assay for AOA in chloraminated distribution systems is available. Thus,to make the City's monitoring of AOA specific to their system,we must know which AOA are commonly found in the City of Corpus Christi distribution system. As above for Bacteria, specific Taqman AOA assays will be developed if several AOA predominate in the analysis (Task 2.2). Thus,the microbial community analyses will allow us to develop a specific monitoring program for AOB and AOA in the City of Corpus Christi distribution system. Task 2. Develop robust gPCR assays for AOB and AOA detection in the Corpus Christi distribution system gPCR assays are useful tools that can rapidly provide information about nitrification events via amoA gene quantification in distribution systems. gPCR assays should be designed properly to perform routine examination of amoA genes from AOB and AOA in drinking water. Previously, Regan et al.developed Taqman assays by modifying conventional PCR assays to quantify AOB in chloraminated distribution system (Regan et al.2007). However,those assays were not designed for gPCR-where gPCR needs explicit consideration of amplicon size and gPCR running time.Furthermore,our data suggest that the existing three AOB Taqman assays might not detect amoA genes from all numerically important AOB present in the City of Corpus Christi distribution system.Therefore,we propose the following subtasks: Task 2.1. To modify the current Nitrosomonas oligotropha Taqman assay to meet acceptable gPCR design criteria. Here,the current N. oligotropha assay will be optimized to meet criteria accepted in current practice. This optimized assay can be used immediately by the City of Corpus Christi because they routinely observe N. oligotropha in their distribution system. Task 2.2. To design new Taqman assays for the AOB and AOA that are numerically dominant in the Corpus Christi distribution system. Given the data from the microbial community analysis(Task 1.1),new Taqman assays will be designed to target the numerically dominant AOB and AOA in the Corpus Christi system. Multiplex assays will be designed so as to be compatible with the real-time thermal cycler purchased by the City of Corpus Christi. Task 3. A training session of molecular techniques for gPCR A one-week,on-site training session is proposed at the City of Corpus Christi laboratory.' The session will include lecture and laboratory components. In the lecture,Corpus personnel will learn molecular biology and (q)PCR theory as well as getting an overview of current methods related to nitrification in drinking water distribution systems. In the Iaboratory sessions,Corpus personnel will learn molecular lab techniques including DNA extraction from enrichment cultures and distribution system water samples, gPCR plate setup, and real-time thermal cycler operation. Basic data analysis,statistical analysis of gPCR data, and troubleshooting will be discussed. We will provide information on ordering primers and probes. We will bring aliquots 1 As we discussed,the choice of which Corpus Christi personnel participate in the training session is at the discretion of the City of Corpus Christi. For instance,a one-on-one training between Dr.Sungwoo Bae and Ms. Nikki Gordon could be done. of plast-nid DNA from Escherichia coli strains for use as qPCR standards, where the aliqUots can be stored at -20 T (in a non-self-defrosting freezer) for several years. Timeline The following tirneline is proposed. Task Mar April May June July 2014 2014 2014 2014 2014 1 —Microbial community analysis gg 2.1 - Optimize current N. oligotrqlAa assay 2.2—Design new qIICR assays targeting I sr 0, AOB/AOA in Corpus Christi system 3 —Training session Budget The budget will cover the time dedicated by Dr. SUngwoo Bae and Dr. Mary Jo Kirisits to the project (e.g., laboratory work-, report preparation, meetings with Corpus personnel, preparation of materials for the training session, on-site training session with Corpus personnel), consurnable Supplies (e.g., DNA extraction kits, qPCR reagents, gloves, plasticNAare [microffige tubes, qPCR plates, pipet tips]), chemicals (e.g., growth media, disinfectant), CqUiPITICIlt fees (real-time thermal cycler), sequencing costs, travel (for the training session at Corpus Christi), and overhead (15%). The budget is Outlined below according to task. Task Budget I —Microbial community analysis $13,428 2.1 - Optimize current N. oligotro]Aa assay $ 9,748 2.2—Design new qPCR assays targeting $17,657 AOB/AOA in Corpus Christi system 3 —Training session $ 8,714 TOTAL $49,547 References Regan, J.M., Clio, A.-Y. and Kini, S. (2007) Monitoring Aninionia-Oxiclizing Bacteria in Chloraininated Distribution System, American Water Works Association Research Foundation, Denver, Colorado. Starke,J.A., Safak Yilmaz, Gorzalski, A., Noguera, D.R. and Harrington,G.W.(2013) Characterizing the Microbial Community Responsible for Nitrification Water Research Foundation, Denver,CO. Wahnian, D.G., Wulfeck-Kicier, K.A. and Pressinan,.I.G. (2009)Monochlorainine Disinfection Kinetics of Nitrosornonas eUropaea by Propidiurn Monoazide Quantitative PCR and Live/Dead BacLight Methods. Applied and Environmental Microbiology 75(17), 5555-5562. Us IT AGENDA MEMORANDUM Future Item for the City Council Meeting of July 22, 2014 1§52 Action Item for the City Council Meeting of July 29, 2014 DATE: July 3, 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 Monitoring Contract Mary Rhodes Pipeline Periodic Corrosion Monitoring Survey 2015 CAPTION: Motion authorizing the City Manager or designee to execute Amendment No. 1 to the engineering contract with Russell Corrosion Consultants, LLC of Simpsonville, Maryland in the amount of $46,095, for a total restated fee not to exceed $75,825 for Mary Rhodes Pipeline Periodic Corrosion Monitoring Survey 2015. PURPOSE: The purpose of this agenda item is to obtain authority to execute Amendment No. 1 to the Russell Corrosion Consultants, LLC contract for the Mary Rhodes Pipeline Periodic Corrosion Monitoring Survey 2015. BACKGROUND AND FINDINGS: This agreement allows Russell Corrosion Consultants, LLC (RCC) to continually conduct the 2015 Periodic Corrosion Monitoring Survey for the Mary Rhodes Pipeline. The tasks of this agreement include the seventy-one (71) corrosion monitoring surveys 6 (Anode) test stations on the 64-inch reinforced concrete pipe; the four (4) test stations at insulating joints for the steel pipe crossing the Guadalupe River and Victoria Barge Canal; forty (40) existing corrosion monitoring surveys 1 (Line Current) test stations, and 50 test stations in the vicinity of foreign pipeline crossings. The total number of test stations is 165. The monitoring survey is necessary to verify the effectiveness of the stray current mitigation systems and to determine if changes in stray current levels have occurred that require additional mitigation systems. The stray current mitigation systems help to preserve the operation integrity of this critical pipeline for the City's water supply system. This project is anticipated to start in January 2015 and complete in April 2015. RCC is uniquely qualified to perform this service. RCC designed the corrosion protection systems for the original Mary Rhodes Pipeline Phase 1 around 1998 and has been working on the Mary Rhodes Pipeline corrosion monitoring survey for the City since 2000. ALTERNATIVES: 1. Authorize the execution of the engineering contract. 2. Do not authorize the execution of the engineering 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 $31,365.00 $48,630.00 $79,995.00 Encumbered / Expended Amount $31,365.00 $31,365.00 This Item $46,095.00 $46,095.00 Future Anticipated Expenditures This Project $2,535.00 $2,535.00 BALANCE $0.00 $0.00 Fund(s): Water Operating Comments: This project requires approximately 107 calendar days with anticipated completion April 2015. The amendment will result in the expenditure of an amount not to exceed $46,095. RECOMMENDATION: City Staff recommends approval of Amendment No. 1 with Russell Corrosion Consultants, LLC of Simpsonville, Maryland in the amount of $46,095, for a total restated fee not to exceed $75,825 for Mary Rhodes Pipeline Periodic Corrosion Monitoring Survey 2015. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation PROJECT BUDGET MARY RHODES PIPELINE PERIODIC CORROSION MONITORING 2015 FUNDS AVAILABLE: WaterOperating............................................................................................. $79,995 FUNDS REQUIRED: Engineer Fees: Engineer-Original contract (Russell Corrosion Consultants, LLC)............................. $29,730 Engineer-Amendment No. 1 THIS CONTRACT (Russell Corrosion Consultants)........ $46,095 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance)........................... $1,327 Engineering Services (Project Mgmt/Constr Mgmt/Traffic Mgmt)............................... $2,464 Misc............................................................................................................. $379 TOTAL.......................................................................................................... $79,995 PROJECT BUDGET BALANCE........................................................................ $0 Lake Texana Route of Corrosion Monitoring Survey Mary Rhodes Pipeline Phase 1 ON Stevens Water Treatment Plant LOCATION MAP NOT TO SCALE PROJECT# E13068 MARY RHODES PIPELINE PERIODIC CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS CORROSION MONITORING SURVEY PAGE: 1 OF 1 'CoO r—+ I o N N �► � � N •� bA 'U � � U a � o � � o � o 0 U u E a- ,n ,r cn 6 CL 00. � U N Q N O DC M � Y C a G ^� bn _0 V _ � N �a o N � C ° 6 � O O � U r-I N N U U N 1� Q � H i4�11aLn CL 0. O Um N 00 N Q Q O a LA l� N f° N V _ � C� V LL � 4� a ca W V O 4�1 E a L V U C7 I� Ef} cn_ 0') ti (D 0') 0') 0') (D � 0') 0 0 Efl � NT 07 rl- Efl �lJ O +j � � U �. o ,O J O 4-j U �O 0 0 � U U • U p J Z m W 0 O N H JW W IM E a � c � o J CY N = E N aN Uj LL 0 Q N m Q L L L cn U cn 0 N N N N ' J W 0 L 0 N N N (6 1 > > C N 0 L LL w w w H a CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES AMENDMENT NO. 1 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 (Executive Director of Public Works) and Russell Corrosion Consultants, LLC, a Maryland corporation, P.O. Box 197, Simpsonville, Maryland, 21150, (Architect/Engineer—A/E), hereby agree as follows: 1. SCOPE OF PROJECT Mary Rhodes Pipeline Periodic Corrosion Monitoring 2015(Project No. E13068)-This agreement allows Russell Corrosion Consultants, LLC (RCC) to continually conduct the 2015 Periodic Corrosion Monitoring Survey forthe Mary Rhodes Pipeline. The tasks of this agreement include the seventy-one (71) CMS 6 (Anode)test stations on the 64-inch RCP pipe; the four(4)test stations at insulating joints for the steel pipe crossing the Guadalupe River and Victoria Barge Canal; forty (40) existing CMS 1 (Line Current)test stations, and 50 test stations in the vicinity of foreign pipeline crossings. The total number of test stations is 165. The monitoring survey is necessary to verify the effectiveness of the stray current mitigation systems and to determine if changes in stray current levels have occurred that require additional mitigation systems. The stray current mitigation systems help preserve the operation integrity of this critical pipeline for the City's water supply system. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform professional services necessary to review and prepare plans, specifications, and bid and contract documents. In addition,A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Amendment No. 1 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 Executive Director of Public Works. A/E services will be "Services for Construction Projects"- (Basic Services for Construction Projects")which are shown and are in accordance with"Professional Engineering Services- A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Executive Director of Public Works. Workwill not begin on any phase or any Additional Services until requested in writing by the A/E and Contract for Engineering(A/E)Services Page 1 of 3 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E13068 MARY RHODES PIPELINE PERIODIC CORROSION MONITORING SIJRVEYIAMENDMENT NO. 1\CON TRAC nCO N TRACT.DOC written authorization is provided by the Executive Director of Public Works. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Amendment No. 1 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 Executive Director of Public Works. The Executive Director of Public Works 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 Amendment No. 1 Exhibit "B". 5. FEE The City will pay the A/E a fee, as described in Amendment No. 1 Exhibit "A", for providing services authorized, a revised fee not to exceed $46,095 (Forty-Six Thousand Ninety-Five Dollars and Zero Cents), for a total restated fee of$75,825 (Seventy-Five Thousand Eight Hundred Twenty-Five Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Amendment No. 1. Exhibit "C". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the A/E without written consent of the City. Contract for Engineering(A/E)Services Page 2 of 3 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E13068 MARY RHODES PIPELINE PERIODIC CORROSION MONITORING SIJRVEYIAMENDMENT NO. 1\CON TRAC nCO N TRACT.DOC The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the Executive Director of Public Works. 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 RUSSELL CORROSION CONSULTANTS,11W. Natasha Fudge, P.E. Date Richard Grant Date Acting Director, Capital Programs Principal P.O. Box 197 Simpsonville, Maryland 21150 RECOMME DEDJ,Z (410) 997-4481 Office 2 (410) 740-2541 Fax m t 0 V 9 raXn"TTe a i Date APPROVED Office of Management Date and Budget ATTEST APPROVED AS TO LEGAL FORM Rebecca Huerta, City Secretary Assistant City Attorney Date for City Attorney Project No: E13068 Fund Source No: 530000-4010-30250-E 13068 Fund Name: Water Operating Encumbrance No: AIN P"k 11- T IS. 14Rz Contract for Engineering(A/E)Services Page 3 of 3 K:XENGINEERING DATAEXCHANGEWENNFER\WATERE13068 MARY RHODES PIPELINE PERIODIC CORROSION MONITORING SURVEYIAMENDMENT NO. 11CONTRAC"11CONTRACtDOC fes., 1 q'k June 23, 2014 Rene Marroquin, Jr. City of Corpus Christi P.a, Box 9277 Corpus Christi, Texas 78469-9277 Subject. Proposal for 2015 Periodic Corrosion Monitorings Survey of the Mary Rhodes Pipeline, Amendment No. 1 to E13068 Dear Mr. Marroquin: Russell Corrosion Consultants, Inc. (RCC) is pleased to submit this proposal to conduct the 2015 Periodic, Corrosion Monitoring Survey for the Mary Rhodes Pipeline. The 2015 monitoring survey and follow up survey includes the seventy-one (71) CMS 6 (Anode) test stations on the 64--inch RCP pipe; the four (4) test stations at insulating joints for the steel pipe crossing the Guadalupe River and Victoria Barge Canal; forty (40) existing CMS 1 (Line Current) test stations, and 50 test stations in the vicinity of foreign pipeline crossings; The total number of test stations is (165). The monitoring survey is necessary to verify the effectiveness of the stray current mitigation systems and to determine if changes in stray current levels have occurred that require additional mitigation systems. The stray current mitigation systems help preserve the operating integrity of this critical) pipeline for the City's water supply system. The following is the Scope of Work for the 2015 Monitoring Survey: Tasks 1. Attend a project kick-off meeting to discuss the plan of action and overall project schedule immediately prior to the field survey. 2. Evaluate the effectiveness of the cathodic protection for the two (2) steel water crossings. Testing will include the following: a. Pipe-to-earth "On" and "Instant Off" potential measurements on both sides of the insulating flanges at each of the four(4) test stations.. b. Anode current output measurements at each of the four(4) test stations. C. Anode-to-earth potential measurements with the anodes temporarily disconnected at each of the four(4) test stations.. 3. Conduct pipe-to-soil potential measurements with anode current cycled "On" and "Instant Gaff" and obtain anode current output measurements at the seventy-one (71) CMS 6 test stations to verify continued effectiveness. AMEND. NO. 1 EXHIBIT"All Pase 1 of 4 CON 4. Evaluate current flow on the piping at forty (40) CMS 1 (Line Current) test stations with intact test wires. The detailed evaluation will include the following: a. Measurement of pipe-to-soil potentials at each test station. b. Measurement of the pipeline resistance between the IR drop test wires and calculation of current flow magnitude and polarity. 5. Close-interval potential survey (CIS) in the vicinity of 50 crossing natural gas and/or petroleum pipelines. The testing would be conducted in areas without CIVIIS 6 test stations. The close-interval survey will be conducted for approximately 1,606 feet on either side of the crossing pipeline (total length of CIS at each crossing would be approximately 2,000 feet).. 6. Detailed visual inspection for each visited test station with an inspection form filled out for each test station. The format and Items included on the visual inspection form would be reviewed and approved by City personnel before any field testing is conducted. 7. Analyze field data and prepare a preliminary engineering report that includes field data; conclusions; and pertinent, detailed recommendations with cost estimates, with respect to future testing and modifications to the corrosion control system as required in specific areas. 8. Attend a telephonic meeting with the City of Corpus Christi to discuss the preliminary report and prepare a final) report that incorporates comments from the City. Fees Based on the scope of work identified above, the estimated Not-to-Exceed Fee for tasks 1 through 8 is $46,095.00 A spreadsheet showing the breakdown of the fee is attached. The relevant engineering rates are as follows: Personnel Dourly Billing Rate Sr. Project Manager $ 155.00 Corrosion Engineer $ 90.00 CADD/Techni'cian $ 75.00 Schedule Notice-to-Proceed November 3, 2014 Start Field Survey Week of January 12, 2015 Submit Preliminary Report Larch 31, 2:015 City Review April 14, 2015 Submit Finan Report April 28, 2015 Staffing I (Michael J. Szeliga, P.E.) will be RCC"s Sr. Project Manager for this work. I have directed the corrosion engineering work associated with the cathodic protection design for the Guadalupe River and Barge Canal crossings of this pipeline as well as the s w AMEND. NO. t EXHIBIT "All Page 2 of 4 VIC (14 f WWI evaluation of 277 petroleum pipeline crossings resulting in the design and installation of 71 galvanic corrosion control systems (CMS 6 test stations). I was the RCC Project Manager for our work for South Texas 'Water Authority where we have tested the electrical continuity of approximately 30 miles of reinforced concrete water transmission pipeline and upgraded 10 miles of pipeline with galvanic cathodic protection. l was also the Project Manager for our work for the Lavaca Navidad River Authority where we assisted with their annual corrosion protection surveys. I recently directed the corrosion evaluation for the City of Dallas Tawakoni Pipeline. I am a Licensed Professional Engineer in Texas and am certified by NAGE International as a Corrosion Specialist and as a Cathodic Protection Specialist. I have extensive experience with corrosion control for water pipelines and specifically with the City's facilities. We expect that working under my direct supervision, RCC will assign NACE Certified Technologist or Technician personnel to the field aspects of the Mary Rhodes Memorial Pipeline project. Any assigned personnel will be Certified by NAGE International as a minimum Cathodic Protection Technician (CP-1). FICC practices professional corrosion engineering services only, We do not sell or install corrosion control systems. Our engineering recommendations and designs are prepared without regard to proprietary systems or components and are always in the best interest of our clients. The hourly rates in this proposal are valid for work performed prior to December 31, 2018. RCC invoices monthly and payment terms are net 30 days. We would request that the City provide our field engineer with a representative that would assist us with the location of and access to the test sites. We appreciate the opportunity to present this, proposal and we would enjoy working with you again on this project. Please call us at 800-986-4722 if you have any questions or if you wish to arrange a meeting to discuss the work scope in more detail. Sincerely, RUSSELL CORROSION CONSULTANTS, INC. 411"11"' , 1///14111�`1111 Michael J. Szeliga, P.E. Senior Project Manager attachment cc: Jiangang (Daniel) Deng, P,E,, City of Corpus Christie Richard Grant, Principal RCC www.RussellCorrosion.com AI1J#ENG . hNt3. 1 EXHIBIT"All Pa e3of4 pp So 0 Y � 0 0 0 0 O Ln pF QOM0) f? Cn W N O OSRLnCs� (0 O 4069toL6 z to) A— T6, $ O 696% m CL m � N O O � O O O Q $ O N Lo FC 0 0 0 0 0 0 0 0 M Lco n c �,Z 69 c+i�60 co O c R9 E9 69 6% m a. O W � N O 0 0 0 C 0 X Q 0 0 0 0 o Q0000000c � rMLn to c O nti U = MC6 m V > a > r L N O N p 01 O O wO 0 N Co M O 0 C4 0)Ir Cl) 10 N0 O 'O W. w O m V = S i9V 'aacli S. f!1I lul w 7 W y M Y LO p u N (/1 cc p 0 V y Np q C0 m O a 0 fi e- n Lnto fA a ca U. V O N a V N H o r W m 2 � rn cto « ` _ U � yMvnMy KCL 2 � � U LS O :. �I s Za aEE , ?-CL w U O ci cc o cm $ © c Im m ; 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. Independent Contractors AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired—Non-owned vehicles PROFESSIONAL LIABILITY including: $1,000,000 per claim/$2,000,000 Coverage provided shall cover all aggregate employees, officers, directors and agents (Defense costs not included in face value 1. Errors and Omissions of the policy) If claims made policy, 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 EEMISIT D.NO. 1 "B" e 1 of 3 MEVRW" RIiSlEradbEtBfo►targe-tnsruarxea Emomaocu 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 policies; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City;and Iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten(10)calendar days advance written notice for nonpayment of premium. AMEND.NO. 1 EXHIBIT uB" a2of3 19 B to Latg9-kwnarroe 6 Ammon Aodc 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 Consultants 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 payments} 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 properly, 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 indemnMed hereunder. !E3of3 D.NO.1 IT"B" Ki6fpinMhV D VOUBM FEWORM End MI B!m UW-6n==d bW=V =*m door LZ �o 3F: mac o caa000 unooaoov- av-0) o€i l c — o uD co N IL d V — � 00 C3 `aooppp0 � 000 'i o � ; VVZ � HIm- Im- `� OF C H = 0 0 0 0 0 Ott O O Qm Qm Qm Q O Q 10 U) oUl * 000t`o 0oopppoo 000 o a � H co H foo r c W ooao0 oC04 SE v O O h 2 N O t0 H � � Z � M e � r � � � Re Or � H V N r O N O O O Q Q O O 1` Q Q 13 1'. O I- 1` O O C lezz C*4 O N m m m m (0 N m CO W O IL g r � 0 0 0 A N O 0 0 N ppO N N V p O O � H H m e-V11 O � � Z t 43 6F# 'O O O to O O o O m m m 0 O O p C N 6% V H L I ell N N N 43) lL .. •� CN 1 N_ IN ca 0. . v a oOw 'ai � c c O cm va0 ) aC 'EmN amco FL 0 co (0 v�c ¢ � E 0. 1 "C" f1 SUPPLIER NUMBER TO BE ASSIGNED BY"-CTrY- PURCHASING DIVISION Cita ofCITY OFT�C"ORPU CHRISTICHRISTICii:�rrst�i TrISL I J [ F �I TI. T City of Corpus Christi Ordinance 17112, as amended, rewires all persons or firms seeking to do business with, the City to rovide the following, information. Every griestion must be answered. If the question is not applicable, answer with ``NA". 'See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME. Russell Corrasion Consultants,Inc. P.0.BOX: 197 STREET ADDRESS: CITY: Simpsonville,MD ZIP: 21150 FIRM IS: I. Corporation 2. Partnership 3. Sole Owner IE] 4. Association 5. Other (DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this pagge or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Ciristi 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 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Richard Grant Title: Principal (Type or Print) Signature of Certifying Date: Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi,Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person,partnership, corporation,joint stock company,joint venture, receivership or trust,and entities which for purposes of taxation are treated as non-profit organizations. e. "Official" The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest" Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies,or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Us IT AGENDA MEMORANDUM Future Item for the City Council Meeting of July 22, 2014 1§52 Action Item for the City Council Meeting of July 29, 2014 DATE: July 3, 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 Contract Nueces River Raw Water Pump Station CAPTION: Motion authorizing the City Manager or designee to execute Amendment No. 1 to the engineering contract with Urban Engineering of Corpus Christi, Texas in the amount of $1,688,299, for a total restated fee not to exceed $1,738,035 for Nueces River Raw Water Pump Station for preliminary, design, bid, and construction administration services. PURPOSE: The purpose of this agenda item is to obtain authority to execute Amendment No. 1 to the Urban Engineering contract for the Nueces River Raw Water Pump Station. BACKGROUND AND FINDINGS: The Nueces River Raw Water Pump Station is located on the Nueces River and utilizes two separate pump buildings to deliver water from the river to the O.N. Stevens Water Treatment Plant (ONSWTP). Pump Building No. 1 was constructed in 1954 and was provided with four vertical turbine type pumps. Only two of the four pumps are functional at this time. Pump Building No. 2 was constructed in 1981 and contains four dry-pit centrifugal pumps. The maximum daily water demand treated at ONSWTP has been 111.7 million gallons daily (MGD), and the pump station has been unable to meet the peak demands. Currently Mary Rhodes Pipeline is providing an additional 30 MGD of raw water to ONSWTP to meet the demand requirement of the City, but this demand amount cannot be assured, should additional pumps go out at the Nueces River Pump Station. This contract provides for the design and construction to improve the pumping capacity and reliability of the Nueces River Raw Water Pump Station. The scope of work for this contract includes improvements of pump station and raw water transmission main. The pump station improvements will be evaluated and designed for a minimum peak hour flow rate of 200 MGD, but the number of pumps installed will be phased with initial flows expected to be in the 140 to 177 MGD range with space for future pumps to provide flow capacity to meet the anticipated requirements over next 50 years. Urban Engineering was selected as the A/E Consultant for this project through RFQ No. 2011 - 05. ALTERNATIVES: 1. Authorize the execution of the engineering contract. 2. Do not authorize the execution of the engineering 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 $67,194.00 $2,347,506.00 $18,785,300.00 $21,200,000.00 Encumbered / Expended Amount $67,194.00 $67,194.00 This Item $1,688,299.00 $1,688,299.00 Future Anticipated Expenditures This Project $659,207.00 $14,057,543.00 $14,716,750.00 BALANCE $0.00 $0.00 $4,727,757.00 $4,727,757.00 Fund(s): Water Cl P #17 Comments: This project requires approximately 1,030 calendar days with anticipated completion in May of 2017. The amendment will result in the expenditure of an amount not to exceed $1,688,299. RECOMMENDATION: City Staff recommends approval of Amendment No. 1 with Urban Engineering in the amount of $1,688,299, for a total restated fee not to exceed $1,738,035 for Nueces River Raw Water Pump Station for preliminary, design, bid, and construction administration services. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation PROJECT BUDGET NUECES RIVER RAW WATER PUMP STATION FUNDS AVAILABLE: Water CIP (Current).................................................................................... $2,414,700 Water CIP (Future)...................................................................................... $18,785,300 TOTAL..................................................................................................... $21,200,000 FUNDS REQUIRED: Construction Estimate for Pump Station (Including contingency)........................... $10,619,300 Construction Estimate for Transmission Main (Including contingency)................... $2,999,900 Engineer Fees: Engineer-Original contract (Urban Engineering)............................................... $49,736 Engineer-Amendment No. 1 THIS CONTRACT (Urban Engineering)................... $1,688,299 Construction Observation Services (Estimate).................................................. $400,000 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance)...................... $238,336 Engineering Services (Project Mgmt/Constr Mgmt/Traffic Mgmt)........................... $408,576 Misc......................................................................................................... $68,096 TOTAL..................................................................................................... $16,472,243 PROJECT BUDGET BALANCE.................................................................... $4,727,757 Note: Urban Engineering was awarded for this project through RFQ No. 2011 -05. PUMP BLDG #1 REHAB NUECES RIVER RAW `i WATER PUMP STATION mr� TRANSMISSION MAIN w, PUMP BLDG #2 REHAB ��/ iiiG7Jli�lllll i air-o %'� � ;� J lr ONS WATER TREATMENT PLANT er m will" r f CO N N E CT TO RAW WATER INFLUENT BOX i r, LOCATION MAP NOT TO SCALE PROJECT# E11068 NUECES RIVER CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS RAW WATER PUMP S TA TION PAGE: 1 OF 1 E 4-j N rn� G 4-j � L.d .7004 $:� N CL -4.+ C) N 0 o. u rU4 � O a� a� Ln E Va !,gym L� um u O V V 4� Ln - E O I� ri add V) pu Jew 0 a qac Uu uer C: �_ 3aa 0 '— noN O 430 f B .P ;daS M I �: T find fa 0 22E Jnr U aunr C: 0 Aew Q O add Jew qac (, Uer m U (, J 3a4i J cn noN C: V 130 V _� O ;daS 0 O0 find L Jnr aunr . . Q Aew U add a--+ Jew E U C: qac fa uer W .ate--+ V U rl noN Q) O .� OrIN ;daS L L 0 4— VI E pIIIVC1 000 00 mrno co CO I� 0 0 0 00 CO 0 0 O � LO C. I` C7 O CO O I` N O O N I` L._ V In 0 0 0 O C6 O L N r- 0 0 CO O O co O 1` N I-- N O O Ef} Cfl - I� I-- N CO O N ol Ef> (6 V 69- N Ef} 69- 69 Ef} Ef} Ef} Ef)- O i O 4-jN O b,OCY a) N al CLL UW L 0) °U � O CD c6 o O L . +, CD U H a) V C: 'ca cu cn O z E cn 70 ° o w V w (1)70 ^^ .� F� U �. cn C: N cn Q cn � 2 v V Z c6 cu d H U p J p p Z 0 Q O m + L W 0 ° N a) J ca ca E W a) Q E W E E CU -0 o C7 cn 0 ami � D C J :3 :3www 0) -0 w QULL c c oOQ C: E m o o LL ° a) H ca cA U U J CO 2 2 : J W cn cn in CU CU p o o r o O o " . w LLUU wwwU 0H az CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES AMENDMENT NO. 1 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 (Executive Director of Public Works)and Urban Engineering, a Texas corporation, 2725 Swantner Drive, Corpus Christi, Nueces County, Texas 78404, (Architect/Engineer—A/E), hereby agree as follows- 1. SCOPE OF PROJECT Nueces River Raw Water Pump Station (Project No. E11068) -The Nueces River Raw Water Pump Station is located on the Nueces River and utilizes two separate pump buildings to deliver water from the river to the O.N. Stevens Water Treatment Plant (ONSWTP). Pump Building No. 1 was constructed in 1954 and was provided with four vertical turbine type pumps. Only two of the four pumps are functional at this time. Pump Building No. 2 was constructed in 1981 and contains four dry-pit centrifugal pumps. The maximum daily water demand treated at ONSWTP has been 111.7 million gallons daily (MGD), and the pump station has been unable to meet the peak demands. Currently Mary Rhodes Pipeline is providing an additional 30 MGD of raw water to ONSWTP to meet the demand requirement of the City, but this demand amount cannot be assured, should additional pumps go out at the Nueces River Pump Station. This contract provides for the design and construction to improve the pumping capacity and reliability of the Nueces River Raw Water Pump Station. The scope of work for this contract includes improvements of pump station and raw water transmission main. The pump station improvements will be evaluated and designed fora minimum peak hourflow rate of 200 MGD, but the number of pumps installed will be phased with initial flows expected to be in the 140 to 177 MGD range with space for future pumps to provide flow capacity to meet the anticipated requirements over next 50 years. Urban Engineering was selected as the A/E Consultant for this project through RFQ No. 2011 - 05. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform professional services necessary to review and prepare plans, specifications, and bid and contract documents. In addition,A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Amendment No. 1 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 Executive Director of Public Works. 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 Contract for Engineering(A/E)Services Page 1 of 4 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E11068 NUECES RIVER RAW WATER PUMP STATION�AMENDMENT NO.1\CONTRACnCONTRACT PG 1-3.130C purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Executive Director of Public Works. Workwill not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Executive Director of Public Works. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Amendment No. 1 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 Executive Director of Public Works. The Executive Director of Public Works 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 Amendment No. 1 Exhibit "B". 5. FEE The City will pay the A/E a fee, as described in Amendment No. 1 Exhibit "A", for providing services authorized, a revised fee not to exceed $1,688,299 (One Million Six Hundred Eight-Eight Thousand Two Hundred Ninety-Nine Dollars and Zero Cents), for a total restated fee of $1,738,035 (One Million Seven Hundred Thirty-Eight Thousand Thirty-Five Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Amendment No. 1 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.) Contract for Engineering(A/E)Services Page 2 of 4 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E11068 NUECES RIVER RAW WATER PUMP STATION�AMENDMENT NO.1\CONTRACnCONTRACT PG 1-3.130C 8. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the A/E without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the Executive Director of Public Works. However, the A/E may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re-use of modified plans. 10. DISCLOSURE OF INTEREST A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. Contract for Engineering(A/E)Services Page 3 of 4 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E11068 NUECES RIVER RAW WATER PUMP STATION�AMENDMENT NO.1\CONTRACnCONTRACT PG 1-3.130C CITY OF CORPUS CHRISTI URBAN ENGINEERING . -1/7/t Natasha Fudge, P.E:., Date �--,-arae L Urban, P.E., Date Acting Director, Capital Programs Principal 2725 Swantner Drive Corpus Christi, Texas 78404 RECOMMENDED (361) 854-3101 Office ` (361) 854-0001 Fax per ing Department Date APPROVED, Office of Management Date and Budget ATTEST Rebecca Huerta, City Secretary Project No: E11068 for$1,147,482 FuadSource No:550950-4091-00000-E11068 Fund Name: Water 2012E CIP RevBds Encumbrance No: Project No: E11068 for$540,817 Fund Source No:550950-4098-00000-E11068 Fund Name:. Water 2013 CIP RevBds Encumbrance No: Contract for Engineering(A/E)Services Rage 4 of 4 K.%ENGINEMiNG CAATAEXCHANGEWENNgFERkWATERVE1108 NUECES WVER RAW WATER PUMP STAT6oNWM'ENDMENT NO.ItCQh1'rRACINCONTRACT.DOC EXHIBIT"A" CITY OF CORPUS CHRISTI,TEXAS NUECES RIVER RAW WATER PUMP STATION AMENDMENT NO. 1 PROJECT NO. Ell 1068 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. The Architect/Engineer-A/E (also referred to as Consultant)will: a) Prepare PowerPoint presentation in City format for City Council Meeting. b) Hold Project Kick-off Meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. C) Provide scope of geotechnical testing requirements to the Geotechnical Sub- Consultant. d) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. e) Develop preliminary requirements for utility relocations replacements or upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. f) Prepare preliminary opinions of probable construction costs for the recommended improvements. g) Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. h) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA,CDBG, USPS,affected school districts(CCISD, FBISD, etc.) community groups, TDLR, etc. I) Identify and recommend public outreach and community stakeholder requirements. j) Prepare a Design Memorandum that documents the analyses,approach,opinions of probable construction costs, and document the work with text, tables, schematic- level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards Contract Format(CPPSCF). Design Memorandum content shall follow the guidelines described in Exhibit A-1. k) 1. Submit one(1)copy in an approved electronic format, and one(1) paper copy of the Draft Design Memorandum. 1) Hold Project review meeting with City staff to review and receive City comments on the Draft Design Memorandum. m) Assimilate all review comments of the Design Memorandum and provide one(1)set of the Design Memorandum (electronic and hard copies using City Standards as applicable)suitable for reproduction. n) Assist City in presenting summary of Design Memorandum findings to City-appointed capital project oversight committee having responsible charge of vetting preliminary AMEND.NO.1 EXHIBIT"A" Page 1 of 9 project design components prior to proceeding to project design phase. Prepare PowerPoint presentation, handouts and exhibits for meeting. Provide follow-up and response to comments. City staff will provide one set only of the following information (as applicable): a) Record drawings, record information of existing facilities, and utilities (as available from City Engineering files). b) The preliminary budget, specifying the funds available for construction. c) A copy of existing studies and plans. (as available from City Engineering files). d) Field location of existing city utilities. WE to coordinate with City Operating Department). e) Applicable Master Plans and GIS mapping are available on the City's website. f) Provide bench marks and coordinates. The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and pB& for the intended purpose of this project An unauthorized use or distribution of the records provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must .relocated to accommodate the proposed improvements. b) Provide assistance to identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction(to be included under additional services). C) Prepare construction documents in City standard format for the work identified in the approved Design Memorandum. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans in compliance with CPPSCF using English units on 24°x 36" plan sheets that can be reduced to 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. e) Furnish one set of 30% submittal (electronic and full-size hard copies using City Standards as applicable) to the City staff for review and approval purposes with investigation reports,specification index,design calculations,economic justifications for design selections, preliminary estimate of probable construction cost, layout plans, piping and instrumentation diagrams and conceptual elevations. f) Hold Project 30% 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. g) Furnish one (1) set of the interim plans and specifications (60% submittal - electronic and full-size hard copies using City Standards as applicable)to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. AMEND.NO.1 EXHIBIT"A" Pa e2of9 1. Required with the interim plans is a "Plan Executive Summary"which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. h) 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. i) Provide one (1) set of the pre-final plans and bid documents (100% submittal - electronic and full-size hard copies using City Standards as applicable)to the City staff for review and approval purposes with revised estimates of probable costs. j) Hold Project 100%review meeting.Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments,and incorporate any requirements into the plans and specifications,and advise City of responding and non-responding participants as appropriate and,upon Notice to Proceed. k) Assimilate all final review comments Upon approval by the Executive Director of Public Works, provide one (1) set of the final plans and contract documents (electronic and full-size hard copies 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. 1) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that submittal of the interim,pre-final(if required),and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are reguired(and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee.Consultant has not adeguateiy addressed City-provided review comments or provided submittals in accordance with City standards.. m) Prepare and submit monthly status reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. The City staff will: a) Designate an individual to have responsibility,authority,and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. C) Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. b) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. C) Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Capital Programs' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. AMEND. NO.1 EXHIBIT'W' Page 3 of 9 d) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Capital Programs in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. f) Prepare 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) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents forthe contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents.This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Prepare change orders as authorized by the City; provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Attend final inspection with City staff and provide the City with a Certificate of Completion for the project upon successful completion of the project. h) Review Contractor-provided construction"red-line"drawings. Prepare Project record drawings and provide a reproducible set and electronic file(AutoCAD r.14 or later) within two(2) months of final acceptance of the project.All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. AMEND.NO.1 EXHIBIT"A" Pa e4of9 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 Executive Director of Public Works. A/E may not begin work on any services under this section without specific written authorization by the Executive Director of Public Works. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Executive Director of Public Works as required. The A/E shall,with written authorization by the Executive Director of Public Works, perform the following: 1. Permit Preparation. Furnish the City all engineering data and documentation necessaryfor 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) TxDOT utility and environmental permits, multiple use agreements 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' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two(2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal/vertical control. C) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied—i.e.—the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non-GPS) methods. Perform topographic surveys to gather existing condition information. g) Obtain x,y, and z coordinates of all accessible existing sanitary sewer, storm sewer,water and gas lines as well as any other lines owned by third-parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface utility engineering (SUE)shall be provided as part of the scope of work for SUE. h) Locate improvements within the apparent ROW. i) Locate and identify trees, at least five inches in dia.within the apparent ROW. j) Generate electronic planimetric base map for use in project design. 3. Environmental Issues. Identify and develop a scope of work for any testing,handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. 4. Public Involvement. N/A EE END. NO.1 HIBIT'W' P, e5of9 5. Subsurface Utility Investiaation a) Provide subsurface utility engineering in accordance with ASCE Standard"ASCE C- I,38-02,Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data"including,but not limited to,hydro-excavation. The proposed subsurface utility investigation will be as follows: i) Excavation — The survey scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. ii) Utility Location — The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating this information with existing utility records.) These utilities will be located by obtaining a One-Call Notice and measuring the marked locations. iii) Storm Water—Storm water facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. iv) Wastewater—Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible wastewater manholes. Wastewater lines that are not to be replaced as part of this project and that fall within the footprint of construction-related excavation shall be located at Quality Level A. V) Water—Water facilities within the project limits will be located to Quality Level C. vi) Gas—Gas facilities within the project limits will be located to Quality Level C by the A/E. The City of Corpus Christi Gas Department will provide Quality Level A. The A/E will coordinate this activity. b) Inform local franchises whose utilities fall within the footprint of construction-related excavation of the potential for encountering their utility lines during construction. 6. Construction Observation Services. To Be Determined 7. Start-up Services. a) Provide on-site services and verification for all start-up procedures during actual start-up of major Project components,systems,and related appurtenances if needed and required. b) Provide Pump Factory Testing Witness. Provide a representative to travel to the pump manufacturer's testing facility to witness the factor testing of the pump to confirm performance requirements. c) Provide training support to plant operating personnel on the project objectives, design intent and system operational procedures to supplement that being provided by the Contractor and equipment manufacturers. A total of 4 training support sessions that will last approximately 4 hours are planned. The training will be both classroom and hands-on and is intended to supplement the information presented in the O&M Manual. Training support budget is limited to a total of 48 hours. AMEND.NO. 1 EXHIBIT"A" Pa e6of9 8. Warranty Phase. Provide maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair,fix, restore,patch,or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty(60)days prior to the end of the maintenance guaranty period. 9. Electronic O&M Manual. Provide electronic operation and maintenance manual as described in Exhibit A-1. 10. Project Manual. Provide project manual services as described in Exhibit A-1. 11. Existing Transmission Main Video Inspection. . Provide video inspection services of existing transmission mains as described in Exhibit A-1. 12. Pump Building No. 1 Wet Well Underwater Inspection. Provide underwater inspection services of Pump Building No. 1 as described in ExhibitA-1. 13. Asbestos Survey. Provide asbestos survey services of existing buildings as described in Exhibit A-1. 14. Pump System Hydraulic Modeling. Provide modeling services of proposed pumping system as described in Exhibit A-1. 15. Windstorm Certification. Provide windstorm certification services as described in Exhibit A-1. 16. SCADA Documentation. Provide SCADA documentation services as described in Exhibit A-1. 17. Control System URS. DFS and SOO. Provide control system services as described in Exhibit A-1. 18. Existing Instrumentation Evaluation. Provide instrumentation evaluation services as described in Exhibit A-1. 19. Additional Documentation Verification. Provide additional documentation verification services as described in Exhibit A-1. 20. Electrical Distribution System Modelina. Provide electrical distribution system modeling services as described in Exhibit A-1. 21. Geotechnical Investigation Program. Provide a geotechnical investigation program as described in Exhibit A-1. 22. Engineering Services For Workshops and Various Additional Tasks. Provide additional engineering services as described in Exhibit A-1. AMEND.NO.1 EXHIBIT"A" Pa e7of9 Provide the services above authorized in addition to those items shown on Exhibit"A-1"Task List, which provides supplemental description to Exhibit"A". Note:The Exhibit"A-1"Task List does not supersede Exhibit"A". II. SCHEDULE Day Date Activity Friday August 15,2014 NTP Wednesday November 5,2014 Draft Design Memo Subm Thursday November 27,2014 City Review Thursday December 18 2014 Final Design Memo Subm Tuesday February 17, 2015 30% Design Submittal Thursday March 12 2015 City Review Tuesday June 9,2015 60% Design Submittal Thursday July 2 2015 City Review Tuesday August 25, 2015 100%Submittal Thursday September 17 2015 City Review Monday October 12 2015 Final Submittal Monday October 19 2015 Advertise for Bids Thursday November 5,2015 Pre-Bid Conference Wednesday November 18 2015 Receive Bids Tuesday December 29,2015 Contract Award Thursday January 28 2016 Begin Construction TBD complete Construction III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1-4, A/E will submit monthly statements for basic services rendered. In Section I.A.1-3,the statement will be based upon A/E's estimate(and with City's concurrence)of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to A/E's monthly statements. EP END.N0. 1 HIBIT"A"a e8of9 B. Fee for Additional Services. For services authorized by the Executive Director of Public Works under Section I.B."Additional Services,"the City will pay the A/E a not-to-exceed fee as perthe table below: Summary of Fees AMENDMENT NO. 1 TOTAL ORIGINAL CONTRACT Pump Station Trans Main BASIC SERVICES 1 Preliminary Phase $49,736.00 $204,750.00 $58,900.00 $313,386.00 2 Design Phase 0.00 452,600.00 133,000.00 585 600.00 3 Bid Phase 0.00 15,500.00 4,700.00 20 200.00 4 Construction Administration Phase 0.00 150,150.00 44,200.00 194,350.00 Subtotal Basic Services 49,736.00 823,000.00 240,800.00 1,113,536.00 ADDITIONAL SERVICES 1 Permit Preparation xDOT) 0.00 0.00 3,070.001 3,070.00 2 Topographic Survey 0.00 6,780.00 7,530.00 14,310.00 3 Environmental Issues 0.00 4,680.00 0.00 4,680.00 4 Public Involvement 0.00 0.00 0.00 0.00 5 Subsurface Utility Engineering SUE 0.00 0.00 28,810.00 28 810.00 6 Construction Observation Services 0.00 TBD TBD TBD 7 Start-up Services 0.00 37,550.00 0.00 37 550.00 8 Warranty Phase 0.00 21,010.00 3,950.00 24,960.00 9 Electronic O&M Manual 0.00 35 810.00 0.00 35 810.00 10 Project Manual 0.00 37,480.00 0.00 37 480.00 11 Existing Trans Mains Video Inspection 0.00 0.00 139,900.00 139 900.00 12 PB#1 Wet Well Underwater Inspection 0.00 5,040.00 0.00 5,040.00 13 PB#1 Asbestos Survey 0.00 5,310.00 0.00 5,310.00 14 Pump System Hydraulic Modeling 0.00 30 330.00 0.00 30 330.00 15 Windstorm Certification 0.00 10 040.00 0.00 10 040.00 16 SCADA Documentation 0.00 63 867.00 0.00 63 867.00 17 Control System URS. DFS, and SOO 0.00 29,990.00 0.00 29,990.00 18 Existina Instrumentation Evaluation 0.00 14,169.00 0.00 14 169.00 19 Additional Documentation Verification 0.00 8,068.00 0.00 8,068.00 20 Electrical Distribution System Modeling 0.00 60,415.00 0.00 60 415.00 21 Geotechnical Imestigation Program 0.00 5,980.00 16,720.00 22 700.00 22Various Workshops and Additional Engineedna Tasks 0.00 48,000.00 0.00 48,000.00 Subtotal Additional Services 0.00 424,519.00 199,980.00 624 499.00 TOTAL FEE $49,736.00 $1,247,519.00 $440,780.0 $1,738,035.00 -- - - _ _ -- 03/06/13 - -I-_-_ Admin Approval M2014- AMEND. NO.1 EXHIBIT"A" Page 9 of 9 EXHIBIT"A-1" TASK UST CITY OF CORPUS CHRISTI,TEXAS NUECES RIVER RAW WATER PUMP STATION AMENDMENT NO. 1 PROJECT NO. E11068 Basic Services: 1) Meet with Staff to identify project goals,timetables, and review project issues, User Requirements and Engineering Letter Report for project implementation. 2) Project limits for the Raw Water Pump Station are within the existing fenced site of the pump station, other than instrumentation and SCADA improvements at the ONS WTP. Project limit for the new raw water transmission main include the existing waterline easement from the Raw Water Pump Station to the ONS WTP. 3) Provide project management according to recognized and generally accepted good project management practices and standards such as those provided by Project Management Institute. Manage project scope, budget, and schedule. Conduct appropriate workshops to identify all project stakeholders and to define stakeholder management and communication requirements. Conduct appropriate workshops to identify project risks and develop and execute risk prevention and mitigation measures. 4) Perform field investigation surveys (as authorized by Additional Services) as required to define specific areas of demolition and new work along with the applicable parameters required to complete the design memorandum and construction drawings. 5) Contact Texas One-Call system to locate existing City utilities in the field, and coordinate with appropriate City operating department. 6) Attend and participate in project kickoff and planning meetings(2 meetings)with City staff to discuss planning and conceptual design. 7) Develop a Geotechnical Investigation Program for preliminary design and submit to City for Testing Laboratory selection. 8) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. 9) Prepare one (1) hard copy and one (1) electronic copy of the Design Memorandum including data collected, approach and opinions of probable construction costs for the anticipated improvements and make recommendation AMEND.NO.1 EXHIBIT"A 1" � waTER1E11068 M ECES RNER RAW WATER PUMP STATtOWU M MENT oto.I= a 1 Of 10 to the City staff. Design Memorandum shall follow the outline guidelines provided as page 3 of Exhibit A-1 and shall include identification and selection of alternative pumping solutions (such as stand-by diesel pump skid) or alternative AC power source (such as stand-by diesel generator). 10) Review with City staff, revise and furnish one (1) hard copy and one (1) electronic copy of the final Design Memorandum. Obtain approval to proceed to Design Phase. 11) All submitted PDF documents shall be bookmarked for ease of navigating to key parts and sections of the document. 12) Develop and maintain Action Items Log and Decisions Log according to Owner- provided format and samples: Maintain the logs throughout duration of the project. Submit after each deliverable and review meetings. 13) Re-frame engineering efforts from designing fully-custom sub systems(such as pumping skids) to identifying Commercial Off-The-Shelf (COTS) and Non- Development Items(NDI)components and sub-systems with standard interfaces that can be easily Integrated into the project. Select components that minimize integration effort (for example, pumping skids with built in flow controls and measurement) 14) Design Phase Deliverables a. 30% Submittal 1) Investigation Reports 2) Specification Index 3) Design Calculations For All Disciplines 4) Economic Justification For All Design Selections 5) Preliminary Estimate Of Probable Construction Cost 6) Layout Schematic Drawings 7) Piping and Instrumentation Diagrams 8) Conceptual Elevations 9) Review Meeting b. 60% Submittal 1) Preliminary Front-end documents 2) Draft Technical Specifications 3) Set of 60% Level Of Plan Completion 4) Review Meeting c. 100% Pre-Final Submittal 1) Completed Front-end Documents 2) Completed Technical Specifications 3) Response to City's 60% Review Comments 4) Estimate Of Probable Construction Cost 5) Completed But Unsealed Final Plans 6) Review Meeting AMEND.NO.1 EXHIBIT"A-1" neaVQ �IIOW KUEM wvM RAW WAMR KWsTATto�aa M teal t e 2 of 10 d. Final Submittal 1) Sealed Front-end Documents/Technical Specifications 2) Response to City's 100% Review Comments 3) Final Estimate Of Probable Construction Cost 4) Sealed Set of Final Plans 5) CD with electronic copy of Bid Documents 15) Develop design plans to the City's format and specification documents incorporating all issues with relevant solutions and identifying to the best of the Engineer's knowledge all potential conflicts and offer solutions. Provide 30%, 60%, pre-final (100%) and final submittals. 16) Provide project control and quality review of senior staff to insure project quality and completeness. Perform quality assurance and quality control (QA/QC) of internal design development processes. 17) Prepare opinion of probable construction costs including contingency amounts. 18) Address comments received from the City for the pre-final submittal. 18) Provide Quality Control/Quality Assurance(QC/QA)final review and submit one (1)reproducible hard copy of the final contract drawings and specifications to the City for bidding process. 20) Update the opinion of probable construction costs. 21) Provide Bid Phase Services in accordance with Exhibit 'N of the Contract for Professional Services. 22) Provide Construction Administration Phase Services in accordance with Exhibit 'A'of the Contract for Professional Services. 23) Develop Integration, Verification, and Validation (IV&V) plan for the system. documentation. Develop phased testing and acceptance plan, required testing scenarios, checklists, acceptance and sign-off documentation, installation, commissioning and cutover sequence,and other quality control and acceptance documentation to be used by the contractor. 24) Provide construction observation services at the construction milestones.Ensure contactor's and integrator's compliance with construction plans, specifications, and quality assurance plan.Review and approve acceptance checklists,witness and approve acceptance tests,attest to correct operation of the system per end user's intent and engineer's specification. 25) Coordinate construction observation and inspection with City-designated Construction Manager and/or Inspector. AMENQ.NO.1 EXHIBIT"A 9" Ki6gt 0fte wa nes ocomms�pAwwatwt roenn xr srar1a a e 3 Of 10 26) Plan and conduct final inspection. Assemble, review, and prepare for final inspection all required documentation. Coordinate final inspection with City- designated Construction Manager and/or Inspector.Coordinate roles,activities,and work products of final inspection of all project participants. 27) Conduct final inspection. Complete required commissioning documentation and submit final inspection reports and copies of completed commissioning documentation to the City. 28) Provide the Owner with a signed and dated Certificate of Completion for the project upon successful completion 29) Startup and Commissioning: Engineer to recommend efforts required to start,verify and validate,and bumplessly place into operation a system of this type. Engineer to provide training support to supplement that being provided by the Contractor and equipment manufacturers. 30) Prepare monthly progress reports for submittal to the City. Monthly progress reports shall be submitted no later than the last Wednesday of each month. Additional Services: The numbering in the following follows that provided in Exhibit A aril in the SummaryOf Fees. See Exhibit A for City's standard descriptions for Items No. 1 to No. S. 9) Electronic 08&M Manual. Prepare and provide a facility Operation and Maintenance Manual for the Raw Water Pump Station and the plant SCADA system. Each manual shall be assembled in one or more appropriately bound volumes, in three (3) complete sets, one of which is to be retained by the Engineer. Manual will be prepared as a hard copy for preliminary review by the City. After Initial review, city comments will be incorporated and a draft PDF electronic manual will be prepared for City review. Final submission will be three sets of printed document and a CD with the electronic PDF file. The PDF file will be able to be downloaded and used on any of the City's computer that has Adobe reader program. Sections and referenced pages will be bookmarked for easy access. Future revisions will be tracked with a Revision Flag. 10) Protect Manual. Continue to develop and maintain a comprehensive Project Manual (developed in the Initial phase) throughout the Iffe cycle of the project following City-approved format and samples. Project Manual shall define project objective, parameters, approach and characteristics as defined in the City approved format. An update of the Project Manual will be submitted with the Design Memorandum and the 30%, 60%, 100%and the Final Submittals. 11) ExhMna Transmission Main Video Inspection. Provide a video inspection of AMEND.NO.1 EXHIBIT"A-1" K o aeoWEKK7ER►wn�»oes wueces RIVER RAW WATER PUMP STATMO UMMM KQ AC a e 4 of 10 the twin 54" diameter concrete pressure pipes that move raw water from the intake structure to the O. N.Stevens Water Treatment Plant. A video inspection company will examine the interior conditions of the concrete pressure pipes and provide a written report, photos, and video detailing all conditions observed. Before the video inspection can occur,the existing concrete pressure lines will have to be tapped at certain locations so that the video inspection equipment can be inserted into the pipeline. It is estimated that three locations will need to be tapped each costing$21,400(two taps,one for each main,at each location). 12) Puma Building No. 1 Wet Well Underwater Inspection. Provide an underwater inspection of the existing Pump Building No. 1 raw water intake structure. A diver will examine the submerged concrete and steel elements both inside and outside of the existing structure and provide a written report detailing all conditions observed, including photographs and sketches where applicable. 13) Asbestos Survey. Provide asbestos survey of the existing buildings to be modified. The survey shall determine the location, condition and quantity of materials suspected of containing asbestos. The survey shall include a visual inspection, sampling and laboratory analysis of suspect asbestos containing materials. Survey to be performed by an individual licensed or registered with the Department of State Health Services. 14) PumR System Hydraulic Modeling Determine existing and future conditions for the raw water transmission mains and ONS WTP influent structure and provide detailed hydraulic computer modeling to evaluate the system conditions to select the most efficient new pumps for Pump Building No. 1 and to verify compatibility with the existing pumps in Pump Building No. 2. 15) Windstorm Certification. Provide engineering services to obtain windstorm certification on the renovated Pump Building No. 1 and for the new Electrical Control Room including preparation of a WPI-1 for each building. The buildings will be inspected during the construction phase by a Texas I-ioensed Professional Engineer approved by the Texas Department of Insurance. At completion of the construction provide a WPI-2-BC-5 Inspection Verification Form and obtain the WPI-8 Windstorm Certificate. 16) SCADA Documentation. Provide a 60%review workshop and a 100%review workshop for the review of the SCADA documentation required to coordinate effort of the design team and the Utilities Department. SCADA specifications shall follow those developed for the Mary Rhodes Pipeline Phase 2. Provide the project documentation close out workshop for the completion of the review of the additional SCADA documentation required to coordinate efforts of the design team and the Utilities Dept. Provide Quality Assurance(QA)and Quality Control (QC)of the SCADA plans and drawings. Provide meetings with the contractorto coordinate the effort of the contractor's commissioning efforts. Travel to the vendors shop for acceptance testing and to the site to verify the function and AMEND. NO.1 EXHIBIT"A-1" Ki6 6tp WATER1E11068 NUFCES RNER RAW WATER PLMW STAT1ONMIMOMENT NO.ACC a e�5 of 10 I completeness of the SCADA system. Provide site inspection services to verify the SCADA system installation. Provide record drawing documentation of the additional SCADA drawings and documentation. Provide engineering services for developing the following: a) Developing the commissioning process, along with the Contractor, for the SCADA system. b) Developing the Integration Verification Validation Document used as part of the commissioning process to verify all parts of the SCADA system.Develop phased testing and acceptance plan for the new control system. Develop all required testing scenarios,checklists,acceptance and sign-off documentation,installation and cutover sequence,and other quality control and acceptance documentation to be used by the contractor. c) Developing the control system configuration parameters to be used as part of the commissioning process to verify the configuration of the SCADA system. d) Developing the check list that will be the basis of the Factory Acceptance Test (FAT)conduoed on the SCADA system. This document will be used as part of the commissioning process to verify the function of the SCADA system before it is shipped to the site. e) Developing the check list that will be the basis of the Site Acceptance Test (SAT)conducted on the SCADA system. This document will be used as part of the commissioning process to verify the function of the SCADA system after it is installed on the site. 17) Control System URS, DFS and SOO. Provide engineering services for soliciting from the Utilities Department, confirming and managing the User Requirement Specifications (URS)to define the control system requirements. Provide engineering services for developing the Detailed Functional Specification.(DFS)of the control system. The DFS is based on the URS and is part of developing the Sequence of Operations (SOO). Provide engineering services for developing the SOO of the control system. The SOO is based on the DFS and is intended to assist the Utilities Department in refining the control system strategy. Upon successful start-up and commissioning, update Detailed Functional Specification and Sequence of Operation, if required, and submit to Owner with Record Drawing documentation. 18) Existing Instrumentation Evaluation. Provide engineering services for evaluating with the Utilities Dept the existing process and control instruments and existing analytical instruments in regard to function and new technology. 19) Additional Documentation Verification. Provide verification of contractor compliance to the additional documentation requirements required for this project. 20) El-ectrical Distribution System Modeling. Provide detailed modeling and analysis of the normal and standby power distribution system. Develop relay settings, coordination curves,fault current calculations, load flow, and aro flash AMEND.NO.1 EXHIBIT"A-1" T�i1Et100 HUEM NM RAW MIM PUW sraroWAMWWDrr Na 1 6 of 10 i information for this project. 21) Geotachnical Investigation Program. Provide geotechnical engineering services for the projectto explore subsurface soil conditions,obtain physical soil properties by laboratory testing and provide foundation design recommendations for the new structures and pipeline. 22) FnuIneering Services For Workshops and Various Additional Tasks. Conduct necessary workshops to confirm user requirements and to identify additions or changes to the requirements that may be discovered throughout the design process: Solicit,capture, record and manage change requirements from various stakeholders throughout the life cycle of the project. Field verify as-builts submitted to Engineer by Owner as much as reasonable without undue demolition or disturbance of existing conditions. Engineer shall not assume that as-builts from previous projects correctly represent the facility as it exists today. Identify pre-treatment chemical storage and feed system space (footprint)and expected power and communication requirements. Provide the services of a Design Quality Control Committee (DQCC).The DQCC will be led by a Senior Engineer that will meet independently from the Design Team to review the 30%, 60% and 100% Pre-final progress milestone submittals for technical merit, completeness of the drawings and specifications, and interdisciplinary coordination prior to submittal to the City.The Design Team and the DQCC will meet to review and resolve DQCC comments and suggested modifications to the progress milestone submittals. The comments and resolutions will be documented in a memorandum.The DQCC will be responsible for the following focused areas of review for each design submittal: • Consistency with the intent of the design concepts established in the Preliminary Design • Technical merit • Conformance with Engineer's Design Checklist • Conformance with Regulatory Agency Criteria and Development Services Design Checklists • Constructability • Operability and Maintainability" Upon successful completion of the project obtain acceptance signatures from system Owner, Project Manager, Construction Manager, and Inspector. Upon successful startup and commissioning, conduct"Lessons Learned"workshop with project participants. Document and submit to the City a log of lessons teamed and recommendations for improvement to project procurement process. AMEND.NO. t EXHIBIT"A-1 Kifthva&V o&WE,o txW+wnMM110W RUE=RNM ruwwart PUMP STAMONMMOWNT NO 1=J@ 7 Of 10 Outline for Design Memorandum 1_Executive Summary a. Project Description b. Purpose and Objective of Memorandum c. Description of Main Deficiencies that Project is addressing d. Summary Updated Alternatives Evaluation Matrix e. Recommendation for Proposed Improvements f. Preliminary Opinion of Probable Construction Costs g. Project Design and Construction Schedule h. Project Location and Preliminary Site Layout on Aerial Photo 2. Introduction a. Scope of Work b. Results and Findings of Preliminary Study(Brief Summary of ELR) c. Review of Existing Site Conditions: Utilities;Topography; Soils; Flood Zones d. Potential impact of site conditions to Project e. Identify Need and Tlmellne for Utilities relocation f. Identify Need and Timeline for Property Acquisition g. Identify Regulatory and Permitting Requirements h. Impact to Water System and Coordination with Other Projects 3. Proposed Improvements a. Design Basis for Water System b. Primary Design Criteria S Assumptions-including Design Capacity/Flow Rate, redundancy, compliance with Master Plan/CIP c. Standards-including applicable codes, guidelines, regulations,and other references that will be followed d. Narrative Descriptions Including performance criteria for all systems site conditions, operational and maintenance requirements and compatibility with other system components e. Agency and Approval Requirements f. Existing Easement/Right-of-Way and Utilities Relocation Requirements g. Existing/Proposed/Issues h. Construction Sequencing I. Major Activities j. Construction Sequences Construction Phasing k. Recommendations and Alternatives 4. Alternatives Evaluation and Opinion of Probable Construction Costs a. Required Improvements b. Detailed Alternatives Evaluation with Evaluation Matrix and Evaluation Criteria c. Recommendations S. Geotechnical Study S. Topographic Survey(and DTM as applicable)and Boundary Survey(legal description/Metes&Bounds survey, new/revised easements, plats...) 7. Detailed Project Schedule from Design through Construction in Excel or MS project Format S. Design Calculations(Preliminary calculations, Hydraulic grade lines) 9. Other Project Specific Studies as applicable:Wetlands Delineation, Modeling ... 10. ExhibilsiSchematics: Location Map,Aerial Photos, Proposed Layout(s), Photos, Base Maps... AMEND.NO.1 EXHIBIT"A-11" ICSFJVheo ft ATERiEI IOW NUECES RNER RAW WATER PWNP STATtOMAAU MAMW NO.NCO a 8 SS Of 1 O PRELIMINARY ESTIMATE OF PROBABLE CONSTRUCTION COST NUECES RIVER RAW WATER PUMP STATION IMPROVEMENTS City Project No. E11068 Mark Maroney, P.E. September 18,2013 PHASE 1 -PUMP STATION IMPROVEMENTS ITEM DESCRIPTION AMOUNT 1. Bonds and Insurance $120,00 2. Move In and Move Out $200,000 3. PB#1 Building Refurbishment $300,00 4. PB#1 Two New 21,000 GPM Vertical Turbine Pumps $1,350,00 5. PB#1 New Pipe, Valves and Fittings $350,000 S. PS#2 Building Refurbishment $37,800 7. PB#2 Pump and Motor Refurbishment $150,000 8. PB#2 Pipe and Valves Refurbishment $75,000 9. PB#2 Provide New Climate Controlled Office $36,000 10. Temporary Backup Engine Driven Pump $150,000 11. Add Pump Station Flow Metering $54,00 12. Replace 5 Exist.48"Buried Butterfly Isolation Valves $425,00 13. Replace Existing Air Release Valves on Trans. Main $46,40 14. New Electrical Control Room $509,80 15. New Electrical Gear/MCCs/Control Panels $2,850,200 16. One New Emergency Generator $770,500 17. New Underground Duct Banks $201,000 18. PB#1 Electrical $141,300 19. BP#2 Electrical Improvements $148,200 20. Demo Existing MCCs and New Site Electrical $50,00 21. Add Automated Access Control Gate $65,000 22. Plant Road and Parking Improvements $50,000 23. Perimeter Fence Refurbishment $23,200 24. UdIfty Allowance $50.000. SUB-TOTAL ESTIMATED PROBABLE COST $8,153,400 Contingencies at 30% $2,465,90 TOTAL ESTIMATE OF PROS.CONSTRUCTION COST $10,619,300J. Engineering Letter Report Pre].Estimate of Probable Cost Urban Engineering =EXHIBDff NO.1 '"A-1" f10 PRELIMINARY ESTIMATE OF PROBABLE CONSTRUCTION COST NUECES RIVER RAW WATER PUMP STATION IMPROVEMENTS City Project No.E11068 Mark Maroney, P.E. September 18,2013 PHASE 1 -54" RAW WATER TRANSMISSION MAIN QTY.+ UNIT ITEM DESCRIPTION 5% UNIT PRICE AMOUNT 1. Move In/Move Out 1 LS $50,000 $63,000 2. Bonds 1 LS $30,300 $37,600 3. 54"Dia.Transmission Main 5145 LF $345 $1,775,025 4. 54"Dia.22.6°to 450 Pipe Bend 3 EA $7,500 $22,500 5. 54"Dia.67.60 to 900 Pipe Bend 2 EA $9,000 $18,000 6. 54"Butterfly Valve 2 EA $60,000 $120,000 7. 72"Dia. Casing Installed by Boring 357 LF $1,000 $357,000 9. Air Release/Surge Release Chamber 3 EA $10,000 $30,000 10. Slow-off Valve 3 EA $10,000 $30,000 11. Guard Post 3 EA $350 $1,050 12. Metal Post with Sign 4 EA $125 $500 13. Te to Existing Structure at WTP 1 LS $20,000 $20,000 14. 8"Flexible Base 270 SY $15 $4,050 15. 1-1&'HMAC Pavement Repair 270 SY $25 $6,750 16. Concrete Curb and Gutter 42 LF $35 $1,470 17. Concrete Sidewalk 189 SF $5 $945 18. Trench Safety 4800 LF $1 $4,800 19. 4"PVC for Fiber Optic 5145 LF $15 $77,175 20. V Fittings 5 EA $250 $1,250 21. Pull Boxes/Junction Boxes 5 EA $1,500 $7,500 22. Traffic Control 1 LS $10,000 $10,000 23. IMandatory Utility Allowance 1 LS $20,000 $20,000 SUB-TOTAL ESTIMATED PROBABLE COST $2,608,615 Contingencies a@ 15% $391,285 TOTAL ESTIMATE OF PROBABLE CONSTRUCTION COST $2,989,900 Engineering Luer Report Est of Probable Cost Urban Engineering AMEND.NO.I EXHIBIT"A-1" Pa �10of10 I EXHIBIT"B" MANDATORY INSURANCE REQUIREMENTS&INDEMNIFICATION FOR A/E PROFESSIONAL SERVICESICONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Written Notice of Cancellation, Bodily Injury& Property Damage non-renewal or material change required Per occurrence- aggregate on all certificates COMMERCIAL GENERAL LIABILITY $1,000,000 COMBINED SINGLE LIMIT including: 1. Broad Form 2. Premises-Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired—Non-owned vehicles PROFESSIONAL LIABILITY including: $1,000,000 per claim/$2,000,000 Coverage provided shall cover all aggregate employees,officers, directors and agents (Defense costs not included in face value 1. Errors and Omissions of the policy) If claims made policy, 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 AMEND.NO.1 EXHIBIT"B" Pa 1 of 3 K uW18 for targe-kmfw o a bdanudkca0an door 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 Consultants 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 parries 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 policies; ii. Provide for an endorsement that the "other insurance° clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; Ili. 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 ND.NO. 1 "B"Page2of3 K + ng B raw Large-www=6 kW=Mkt W",4 oa 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 Consultants 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 Consultanfs 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. AMEND.NO. 1 EXHIBIT"B" Pane 3 of 3 Ki8VhM M DftedWWUEMWEMF0RMMdftft B for Una-dmu=&bWMMMC9tkM door lit C 0 0 Q i o0 Ck i La a 69 , I R tok I c 00clQa � � cq ENa,1 "t c" SUPPLIER NUMBER TO BE ASSIGNED BYr1TY— PURCHASING DIVISION f CITY OF CORPUS CHRISTI CIL DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112 as amended,requires all persons or firms seeking to do business with the City to provide the following information. Everyquestion 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 78404 STREET ADDRESS: 2725 SWANTNER DR. CITY: C�� ZIP: FIRM IS: 1. Corporation 82. Partnershipg7- 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessai�+,please use the reverse side of this ppaagge�or attach separate sheet. 1. State the names of each `employee" of the City of Corpus"Christi havinS an "ownership interest"constituting 3%or more of the ownership in the above named"firm' Name Job Title and City Department(if known) 1144 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 1414 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 REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter unless the interest of the City official or employee in the matter is parent. The disclosure shall also be made in a signed writing filed with the City Secretary. [hhics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: V icG (f. dirwo Title: {-U)JCtfp44-- (Type or Print) Signature of Certifying Date: `. Z• t Person: ' DEFINITIONS a. `Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. C. "Employee." Any person employed by the City of Corpus Christi,Texas either on a full or part-time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial,and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person,partnership,corporation,joint stock company,joint venture,receivership or trust,and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. 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. los 0 ITITIT AGENDA MEMORANDUM Future Item for the City Council Meeting of July 22, 2014 g Action Item for the City Council Meeting of July 29, 2014 DATE: July 8, 2014 TO: Ronald L. Olson, City Manager FROM: Michael Armstrong, Director of Municipal Information Services m ichaelarQcctexas.com 361-826-3735 Purchase Consulting Hours from Infor (US), Inc. CAPTION: Motion approving the purchase of additional consulting hours from Infor (US), Inc., Alpharetta, GA, for a total expenditure of $349,400. The acquisition of these consulting hours is available only from Infor (US), Inc. Contingency funds from the Infor ERP Project will be used for this purpose. PURPOSE: Provide additional Infor consulting support of the City's implementation of Infor ERP software for the duration of the project. BACKGROUND AND FINDINGS: The project team has evaluated and identified that the City's project resources are challenged with resource commitments. Additional support resources and more on-site time for the Infor project team will assist in keeping the project activities on-track and provide additional advice and guidance supporting knowledge transfer to the business teams. 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 DEPARTMENTAL CLEARANCES: Finance Department. FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures Future 2013-2014 (CIP only) Current Year Years TOTALS Line Item Budget $1,842,888.14 0 $1,842,888.14 Encumbered / Expended Amount This item $349,400.00 0 $349,400.00 BALANCE $1,493,488.14 $1,493,488.14 Fund(s): Municipal Information Services. Comments: The $349,400 financial impact shown above is available in the contingency funds associated with this project. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Infor Change Order CHANGE ORDER INTRODUCTION This Change Order document("Change Order") is subject to all terms and conditions of the Software Services Agreement(or, if applicable,the Professional Services Agreement)between Infor and Licensee with an Effective Date of May 15, 2013 (the"Services Agreement") and constitutes a change to the Services Work Order("Work Order") dated May 15,2013. All terms of the Services Agreement and Work Order are incorporated herein by reference. Capitalized terms not defined in this Change Order are defined in the Services Agreement or Work Order. In the event of a conflict,the terms of this Change Order control over the terms of the Services Agreement and Work Order. 1.0 CHANGE ORDER Licensee(customer) City of Corpus Christi Project Name ERP Implementation Project Number 32381430 Project Manager Hank Suenkel Project Phase Establish Product(s) Full ERP Implementation Work Order Number Exhibit 10 to Master Contract Change Number 3 Issue Number 1,2 Description Issue 1 -Project Stage 3,Talent Management Project Phasing Issue 2—Project Stage 1 and Project Stage 1.Additional Finance 1 Procurement and Talent Management support resources for acceptance test„system test and full scale test Requestor Tracy Andreadis Identified Date 2/27/14 Prepared By Rebecca Langren—Hank Suenkel 1.1 Preliminary identification and assessment Describe the change in detail Issue 1 Based on discussions and planning for the overall implementation it has been determined to modify the original deployment dates of the below applications from their originally planned dates as included in the Statement of Work. These changes result in the following modifications to the original contract/plan: 1. Change in project schedule to split the implementation of Stage 3:Lawson Talent Management (LTM) into two distinct segments. The first LTM implementation will include Global HR and Talent Acquisition and will take place concurrently with the Lawson HR/Payroll implementation. The new,second LTM implementation stage will begin approximately 2 months after the go live of HR/Payroll, Global HR and Talent Acquisition. This new project Stage 3a will implement Learning and Development, Performance Management,and Succession Planning. The project milestone payments will be split over these two stages as detailed below. The first Stage 3 LTM implementation is currently scheduled to go live January 2015. The second Stage 3a LTM implementation is anticipated to go live in phases with the last to go live in October 2015. 2. The implementation of Infor Expense Management(XM)will be changed to go live when the current Enterprise Financial Management(EFM) implementation goes live currently targeted for October 2014. 3. The implementation of Customer Performance Management(Budget and Planning) will be extended by one month. The target go live date is now January 151h 2015. 4. The go live for the EFM and XM applications will be extended by two months to October 1, 2014. This change is to address the change in the beginning of Licensee's fiscal year end from August 1 to October 1. Upon completion of the Full Scale Test scheduled for July,the EFM and XM resources will be off-site until the scheduled go- live prep to being September 1,2014. Issue 2 Based on discussions and planning for the overall implementation it has been determined the Licensee's project testing teams for Stage 1 Finance and Procurement and Stage 3/3a Talent Management project tracks are challenged supporting their day to day work duties and completing their project testing tasks. In addition, loss of two Licensee staff participating in the project has had impact as it may take a number of months to recruit, hire and train replacement staff for the two positions vacated Additional Project Manager time,one(1) additional full time equivalent Infor Finance Business Consultant and one(1)part time equivalent Infor LTM Business Consultant are needed to bolster support for testing efforts and test team knowledge transfer for the associated project tracks. These additional resources will lower the risk of any slippage of testing tasks and deliverables. The additional resources result in the following modifications to the original contract/plan: 1. Additional Infor Project Manager time at 10 additional hours per week for 32 weeks. Additional travel and expense to support additional on-site time at Licensee location. 2 Change Order(Americas PMO-vSb,Nov.2012) u fi Describe the change in detail 2. One(1)additional Infor Finance Business Consultant full time at 40 hours per week for 10 weeks to support Stage 1:Finance/Procurement track for acceptance test,system test and full scale test. The Finance Business Consultant will also assist with development of test scripts and end user training materials. Consultant will work on- site. 3. One(1)additional Infor LTM Consultant part time at 20 hours per week for 20 weeks and 10 hours per week for 20 weeks. Consultant will work remotely for the majority of support activities. Up to S on-site trips included in change order. Reason for the change Issue 1 Changes to originally planned go-live dates have been modified based on discussions and being made aware of additional details and functionality that Licensee currently has in place on other systems. In order to not lose this functionality and impacting the end-users„dates have been extended for the items listed above to accommodate current system utilization.. In addition,the change in the Licensee's fiscal year end can most easily be addressed by delaying the go- lives of Infor Finance/Procurement and XM products: Issue 2 The project team has evaluated current testing and identified the Licensee's project resources for Finance/Procurement and Talent Management are challenged with resource commitments and balancing their day to day work load.Additional test support resources and more on-site time for the Infor project team will assist in keeping the project test activities on-track and provide additional advise and guidance supporting knowledge transfer to the business teams, High level Impact assessment Issue 1:None Issue 2:Reduce risk of test schedule slippage. Additional resources will'increase project budget. 1.2 Detailed impact analysis Impact on project plan(including estimated timellnes) Issue 1 The project plan has been updated and extended based on the changes detailed above. The Infor and Licensee Project Managers have agreed to these changes and are reflected in the latest version of the 3 e Change Order(Americas PMO-v5b,Nov 2012) Impact on project plan(including estimated timelines) overall project plan. Issue 2 There is no impact to the project plan, The Infor and Licensee Project Managers have agreed to these additions and will reflect the additional resources and additional project management time appropriately in the project resource pian upon approval of the change order, Target date(for Implementation) Issue 1 Target dates have been modified for those items identified above, All other products remain unchanged and scheduled as initially planned. Issue 2 No modifications are identified to Target dates for Issue 2 items identified above. Impact on resource requirements Issue 1 There is no impact to project resource requirements.. Issue 2 Infor project resource requirements will be increased by a total of 1,1320 hours- Additional risk Issue 1 No additional risk has been identified, Issue 2 No additional risk has been identified, Impact on project cost Issue 1 There is no impact to the project cost for these changes.. Issue 2 Project Budget will increase a total of e. Change Order(Americas PMO-v5b,Nov.2012) Impact on project cost Project Stage Current Milestone Total Change Order 003 Revised Milestone Increase Total Stage 1 $203,100.00 Finance 1 Procurement Stage 313a $146®260.00 Talent Management Net Amount of $349,400.00 Change Order Total Contract Change Order 003 Revised Contract Increase Total Net Amount of $4,144,749.00 $349,400.00 $4,494,149.0 Contract The targeted milestone payments and dates have been changed s reflected in Exhibit A. Estimated time and costs listed in this Change Order represent a fixed fee offer and are in addition to the estimates provided in the original Work Order. Actual project time and cost may vary from the estimates provided.Where a substantial variation from this Change Order is foreseen, both parties must agree in writing to the additional work and document the change in a subsequent Change Order. Other Projects Affected None Who needs to be notified of the change Licenses and Infor Project Managers Is Change Order(Americas PMO-v5b,Nov 2612) ti Comments None CHANGE APPROVAL / PAYMENT By signing below, Licensee authorizes Infor to proceed with the work set forth in this Change Order and bill Licensee per the payment terms set forth in the original Work Order for any additional Services fees. Please return a signed copy of this Change Order to Infor PSO. THE PARTIES have executed this Change Order through the signatures of their respective authorized representatives. Infor(US1.Inc. LICENSEE:City of Cornus Christi Signature; Signature; Printed Name Printed Name: Title: Title: Address:. Address Address: Address: Signature Data; Signature Data, Change Order(Americas PMO-v56,Nov,2012) e 1Y Exhibit A: Revised Milestone Payment Table f0 t'D �1 Ol U w N ffi g ra Ir ILI s s it m e a s i s e s s • 4 4 �� 4 . 4 • 0 4 4 • 1 1 1 I 1 1 I 1 I 1 o � � n W q q � • q � 4 " y i • � rA � • L ff R 7 � i a c ' cn a A A A Aa 7p _ N N th ar ar .gyp pp� ar m m Ol A � L ' OI mOl L : • 2gyp; (� ?� g ♦p pO N mNm N {i{ce� .atea. yy O C ly N MM MM M y� y� NN S I I � N I N Change Order(Americas PMO-v5b,Nov.2012) Exhibit A: Revised Milestone Payment Table(continued) N N N N N �II N N 1 N N N N 1 l m � V � � Lil P rl N � p� bJ fJ1 a �.i ■� N � �«M _ • m a : e e e m m m m m s s e e e m e e m m m m m m m m m m s m m m m m m m I I I I l l i l l l I I I I I a C m m S � s g 3 0 c Rl •' m o a � w c e20 >7L W r • r s 3 R a m a s s 3 m m � s N r' N CL a N N 'QEDD',..a' 1 d, 47 No oW O pD p1,jV O 4p1 CD «N 2 NN N N S N N yy N 518 N 1 MS S S S O S m. UD W N N m N S W N W S N S S S S S S S N N N N N N b a w V OO N n � n 8 Change Order(Americas PMO-v5b,Nov.2012) r Exhibit A: Revised Milestone Payment Table(continued) 'n'0 N N N N N `0 U,N N N gli � �p��j]■ Y S ` '. • tt� fL f4 R,!<t >L R 1L'IR YL IL �, !l IR Il IR Il fl IL�x x Il fl � q q q q • •Iq • • • • • 3p M i s Y wL a -1 � �r G• • Alq 7•ols � 3 — Aq �• � 3 •° • IR • w N • w i s 3 ., r a oa ; a sa e n • n �3 • 3 w 3 �r 3 f' r 49 Uig Q E f;r � tf x'iel Y Y I W IM N FYI N Iw ♦(A A A A 7 IL ss^r^r S NT It !! gF PIP I V. i 5 MA 10 j. poi � n Iqq gq�� gq,q • •�q • �� 88 8 i e Change Order(Amedcas A'MO-v56,Nov.2012) mr Exhibit A: Revised Milestone Payment Table(continued) (N W N E K� 7-1 g1 152 7 r 2rc S MEM IN "� KS~Eo S M EE 4 r• a � r4a � � I? 9 c Psir c � • 2 6a j r s 0¢ : m �d • y, r r a g r w '% � • c » y ^ o Q • s s � m o a _ Z a 3 s I SF 0 S Q r n I Q • O I p a a o JYaw c� to rM Q� n }}�O 3 � O C A A O O -e 8 S 888 8 89888 • a ass g � Stag !s g 8 888 8 8 888 ♦ J +1�1 {r{h1� {p� �.. 8 , 8 8 88,8 S O D W v J N b i 1 Change Order(Americas PMO-v5b, Nov.2072) Exhibit A: Revised Milestone Payment Table(continued) fn � to y y y y N to y y N N CYl tl1 Ul UI N N y y y 2 a� C m • 33399 3 33333: 3_ _33_ 3: 3 333: 3 3 m m m m m m m jm m m : m m m apQ I oA bA 0 0 oA 0 a 1111 oA oA '1 ? 7 7 7 7 7 7 7 7 S 9 D 7 2 m m m m m • • • • • m m • • • m m e m o • m Dom -nW A T 3 y D 17 11 71 0 ATS 9 a a nn a ,— a s4 a1 = � a 1S 1 ° 3a — ;' m = tom -1 � 3a — S•' _ ^ • B nnl3 a � 2 — '3 n3 .0 b m �as00. 2a � ; e Q A '' A 9 • a r I A ' 8 c s �fla 14 i m C • a as CL IL a a ; • On n � 1 •e• 3• + r + r Q+� I FQ$. A + A A A p A'A A + ilJl a a a a + a a a a ,8 p, Ip 1p 1pCL 5 c �C{ 77.. � Ip m N y� pVv {fl OOdmulll LWI M Lfi a OOeI O �p ��1 pu+l m y1 ^�r n �' � 2 � Y p+m� + �mN�fOVmiN AmEON :.,gym � AWWy�O WW Oo � O W " �V�ji p1pSp� .�y�2h (� ppNp N 1p1r�1 (�M 1�� p O .Gaf Y L.I CN11 0� U Lf W O N Imp O W N ImA" (+�11 'O�((.`f+ (.Y+OiI Am aA O V :1�1 ... O S m A N S N fJ m u S N S N t0 A ILA OI i f0fO V A m f0 Y IG to O— U1 m m �A Im CO r m y N � +. Va app A O!,(A pp a �1 + F • S S S Ni�mIp � NAVgiO 91 O 0 NG ow ?a S S SmpQ S n N A N N m � S 'L ff mm • mmmmmmm m a S Change Order(Americas PMO-v5b, Nov, 2092) AGENDA MEMORANDUM aapowaEFuture Item for the City Council Meeting of July 22, 2014 1852 Action Item for the City Council Meeting of July 29, 2014 DATE: July 16, 2014 TO: Ronald L. Olson, City Manager FROM: Tom Tagliabue, Director, Intergovernmental Relations tomtag@cctexas.com 361.826.3850 Renewal of state and federal external legislative consultant contracts. CAPTION: Motion authorizing the City Manager to execute 26-month renewal agreements for governmental relation services with Focused Advocacy for state governmental relations services for $102,000 per year plus reasonable expenses and with Meyers & Associates for federal governmental relations services for $78,000 per year plus reasonable expenses. PURPOSE: Renewal of 26-month (to match up with City's fiscal year) governmental relations contracts between the City of Corpus Christi and Focused Advocacy for state governmental relations services and Meyers & Associates for federal governmental relations services. BACKGROUND AND FINDINGS: The City has engaged the services of external firms for state and federal governmental relations services for many years. Focused Advocacy became the City's consultant for state matters in 2011, but represented the City before that with a different firm. Meyers and Associates has represented the City since the early 1990s. Both firms are well-respected and connected in their respective legislative arenas and have been effective and resourceful advocates for the City. Focused Advocacy has represented the City for many years and is familiar with the City, its legislative history and its needs. The firm almost exclusively represents municipalities so they have extensive knowledge of municipal law and legislative issues. Meyers and Associates has represented the City for many years and is familiar with the City, its legislative history and its needs. Meyers and Associates maintains an excellent, non-partisan reputation among the Texas congressional delegation and continues to establish and maintain favorable contacts within the federal government that are beneficial to the City. ALTERNATIVES: (1) Renew one or both of the consulting contracts; (2) Not renew one or both of the consulting contracts, (3) Go back to annual contracts instead of the 26-month contracts; (4) Reject the proposed increases in retainers and attempt to renegotiate; or (5) Work with Purchasing Department on a request for qualifications (RFQ) to find a different firm to represent the City. OTHER CONSIDERATIONS: In April 2014, Focused Advocacy principals gave notice to the Intergovernmental Relations Director that the monthly retainer would increase closer to current market rates assuming the City of Corpus Christi wanted to renew its contract with the firm for 2015. Focused Advocacy believes the City's retainer is on the low end of the scale for lobby services, especially in relation to resources required to accomplish the City's legislative agenda. Today, retainers for new clients of the firm start at$10,000 per month. The City's agenda is more extensive and has numerous pro-active bills and activities that require more labor and effort. The firm specializes in municipal government and includes three full-time lobbyists, plus office support staff. In the last contract renewal, the City approved an increase in the monthly retainer from $6,000 per month to $6,500 per month due to the firm's increased operating expenses. The IGR Director researched state lobby contracts with Arlington, Austin, Dallas, Houston, and San Antonio, which use different lobby services. In addition, existing Focused Advocacy clients, such as Denton, EI Paso, Galveston, Georgetown (Utility System), Grand Prairie, and Sugarland were contacted. To ensure a different perspective, two other well-connected, established state lobby firms were contacted to get a ballpark estimate of a monthly retainer to engage those firms. All prices were contingent on scope of work and the level of effort required for the work, but were generally in the same range as Focused Advocacy or higher. It appears from the research that the proposed increase of$8,500 per month is still on the low end of the scale for lobby services. When the country went into a recession, the City and Meyers and Associates negotiated a reduction in the monthly fee starting in 2010. There has been no change in the fee for service for three years. Meyers and Associates continues to provide responsive service by Larry and Rick Meyers, Jennifer Shepard with the Alliance for I-69 Texas, and has added Dave Davis from former Senator Kay Bailey Hutchison's office, and continues to provide excellent service and representation for the City in Washington, D.C. The mission of Intergovernmental Relations is to create opportunities and manage risk for the City through advocacy, outreach, and proactive participation in the political process. Increasing the FY 15 budget for the state and federal lobbying contract, will allow the IGR Director, Focused Advocacy and Meyers and Associates to continue to work towards achieving the City Council's adopted legislative goals. The length of the contracts was going to be two years, but was changed to 26 months so the contract term would align with the City's fiscal year and expire at the end of September 2016. CONFORMITY TO CITY POLICY: The agreements being proposed for renewal are consistent with past agreements and have been approved by the City Attorney. These funds are available and budgeted for the 2015 fiscal year. EMERGENCY/ NON-EMERGENCY: This is a non-emergency item. DEPARTMENTAL CLEARANCES: Deputy City Manager City Attorney Finance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital Not applicable Project to Date Fiscal Year: 2014- Expenditures Future Year 2015 (CIP only) Current Year FY 15 TOTALS Line Item Budget 32,001 $72,575 $102,575 Encumbered / Expended Amount This item BALANCE 32,001 $72,575 $102 575 Fund(s): 1020, 4010, 4130 (state and federal), and 4200 (federal only) Comments: None RECOMMENDATION: Staff recommends continuing the City's existing relationships with both Focused Advocacy in Austin and Meyers & Associates in Washington, D.C., for the 2015 and 2016 fiscal years. The organizations have a record of success in assisting with achieving the City's priorities and are responsive to the City's needs. We recommend approval of the two contracts for the next 26 months. The City will still be receiving value for its investment in Focused Advocacy. The process of preparing and awarding an RFQ for professional lobby services is a lengthy process that could interfere with the timely adoption of the City's legislative agenda. Even though the current contract expires at the end of July 2014 and the next session does not begin until January 2015, there is significant potential difficulties that could come from gaps in representation and getting a new firm up to speed. LIST OF SUPPORTING DOCUMENTS: 1. Renewal contract with Focused Advocacy 2. Renewal contract with Meyers & Associates FOCUSED ADVOCACY CONTRACT FOR PUBLIC AFFAIRS CONSULTING SERVICES (City of Corpus Christi, Texas) This contract is made the 31St day of July, 2014,between City of Corpus Christi, Texas, having its principal place of business at 1201 Leopard, Corpus Christi, TX 7840 1(hereinafter "Client") and Focused Advocacy having its principal place of business at 823 Congress Avenue, Suite 1200,Austin, Texas 78701 (hereinafter "Consultant") for the provision of public affairs consulting services related to the Client. 1. Services. Consultant will provide the services described below. a.At the direction of Client, represent the Client in dealings with elected and appointed officials, legislative staff, regulators, and interested stakeholders on matters of public policy identified by the Client with a particular emphasis on matters that impact municipal services and budgets. b. Provide analysis and tracking of government actions and decisions that could have an effect on the governmental affairs strategy of the Client. c.Advise Client on legislative actions contemplated and taken with respect to identified issues and goals. Assist in the development of a comprehensive strategy to accomplish Client's government affairs goals and objectives, including review and editing of legislation, drafting of amendments, riders, and related supporting documents. d.Assist the Client in the passage or defeat of legislative initiatives that are proposed and identified by the Client as part of their overall legislative agenda. e. Consult with Client regarding the effectiveness of its relationships with elected officials, processes and the political environment in Texas. Identify and implement strategies to enhance Client profile with targeted individuals and entities including the arrangement of periodic visits and/or functions with key legislators and staff. f. Use best efforts to provide information to and educate decision makers with regard to Client's interests and government affairs objectives. Client will work to ensure Consultant has appropriate information and data to assist efforts in this regard. It is understood and agreed Consultant will not make representations or statements on Client's behalf without prior authorization to do so. 823 CONGRESS AVENUE,STE.1200 0 AUSTIN,TEXAS 78701 INFO@)FOCUSEDADVOCACY.COM FOCUSED ADVOCACY g. Monitor, by attendance at meetings and otherwise, state legislative and regulatory bodies considering legislation and/or rulemaking that would impact Client's government affairs objectives and interests. h. Monitor and track legislation that impacts Client's interest during the regular session and any called special sessions of the Texas Legislature during the term of the Agreement. Client or Consultant will identify such legislation as having a potential material impact on Client's interests. i. Consultant will assist in preparing city officials who testify before the Texas Legislature. As part of this preparation the Consultant will assist in formulating written and verbal testimony for city officials who provide testimony to legislative and administrative bodies. 2. Client Support and Communication. As requested, Consultant will provide Client both written and verbal status reports on all matters affecting their stated interests. Consultant will attend Client meetings, as requested and schedule permitting,to assure timely and effective communications. Snapper Carr and Brandon Aghamalian will serve as the primary contact on behalf of the Consultant. Deliverables -As requested, Consultant will provide the Client during the legislative session, written summary reports detailing the nature of legislative contacts (e.g. meetings and communications) the Consultant made on behalf of the Client to further the Client's state legislative agenda. 3. Legal Services. It is understood and agreed that Consultant is being retained hereunder to provide governmental consulting services and not to provide legal advice or services to Client. In the event that legal opinions or financial analysis are needed at any time with respect to Client's interests,the decision to seek additional professional advice and services, and from whom, shall rest exclusively with Client. 4. Expansion of Scope of Work. Should representation expand significantly beyond the contemplated scope outlined in the Agreement, both parties will mutually agree to discuss the role of the expanded services and agree, if necessary, to discuss the payment of additional compensation during this unlikely event. It is also understood that the Consultant works independently of any additional consultants the Client may have under contract. S. Term. This Agreement is effective on August 1, 2014 through September 30, 2016 (26 month period). Either party may terminate the contract by giving thirty (30) days written notice to the other party. 823 CONGRESS AVENUE,STE.1200 0 AUSTIN,TEXAS 78701 INFO@)FOCUSEDADVOCACY.COM FOCUSED ADVOCACY 6. Compensation. In consideration for the performance of services, Client shall pay fees as follows: a. $8,500 per month for the duration of the contract. The fee will be billed on or about the first of each month. b. Payment shall be made to Focused Advocacy, LLC, 823 Congress Avenue, Suite 1200,Austin, Texas 78701 (Attention: Snapper L. Carr). 7. Independent Contractor Relationship. It is understood by the parties that Consultant is an independent contractor for the purposes of any federal and/or state laws including tax laws, and that Consultant is not in any way an employee, full or part-time of Client. 8. Expenses. Client agrees to pay Consultant's reasonable expenses incurred for pre- approved travel made at Client's request for work connected to this agreement. "Reasonable expenses"shall include airfare, hotels,taxis, shuttles, rental cars, meals. Consultant agrees to comply with all applicable expense reimbursement policies of the Client. Consultant shall provide documentation of all reimbursable expenses. Client shall pay these invoices within thirty (30) days of receipt. 9. State Law. Under Texas and federal law there are various requirements imposed on persons and organizations that interact with state officials, especially where an attempt is made to influence legislation or contracts. In this regard, Consultant will promptly inform Client when any such filings are necessary and shall seek registration with respect to the services to be performed on Client's behalf. Consultant agrees to perform its obligations under this contract in compliance with all applicable laws. 10. Lobby Activities and Reporting. The Texas ethics law and rules adopted by the Texas Ethics Commission require the Consultant to report compensation or reimbursement paid to Consultant for the purpose of directly communicating with members of the legislative or executive branch. Texas Ethics Commission Rules provide that a registrant receiving compensation or reimbursement for purposes other than lobby activities may reasonably determine the amount of compensation attributable to lobby activities and report only that amount. The rules define "lobby activity"as "Direct communication with one or more members of Texas legislative or executive branch to influence legislation or administrative action and activities in preparing for such direct communication." The Consultant will allocate on a reasonable basis, as allowed by the rules, the amount of the retainer paid to the 823 CONGRESS AVENUE,STE.1200 0 AUSTIN,TEXAS 78701 0 INFO@)FOCUSEDADVOCACY.COM FOCUSED ADVOCACY Consultant that is being paid for "lobby activities". Based upon Consultant's experience representing other clients, the Consultant believes 50 (fifty) percent will be a reasonable estimate of the monthly retainer attributable to "lobby activities." It is understood and agreed that the Consultant's activities will be monitored from time to time so that any change in the amount of time spent on lobby activities as defined by the rules of the Texas Ethics Commission will be detected and updated, if necessary. 11. Confidentiality. If a party provides information or materials indicated to be confidential,the receiving party will maintain the confidentiality of such matters and not disclose any such information except in proper performance of this contract and as required by law. 12. Conflicts of Interest. By signing this Agreement, Client is consenting to the representation of multiple clients by the Consultant and is confirming that no direct conflicts of interest currently exist. If any such conflict should develop, Consultant agrees to bring that fact immediately to the attention of both Clients for resolution. Consultant will exercise extreme cares to avoid conflicts, unintended or otherwise, which arise, if ever, in the future. It is understood that Consultant intends to focus their legislative representation on local government issues and will undertake all necessary steps to avoid and prevent conflicts of interests with private sector interests. Consultant agrees to fully comply with the Texas Ethics laws concerning conflicts of interests. 13. Termination. Either party may terminate this agreement,without cause, upon thirty (30) days written notice to the other. The Client may also terminate this contract with fifteen (15) days notice if termination is caused due to an irresolvable conflict of interest. 14. Entire Agreement and Modifications. This Agreement contains the entire agreement and understandings of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements or understandings, whether oral or written, negotiations and discussions. This Agreement may not be modified, rescinded or terminated orally, and no modification, rescission, termination or attempted waiver of any provision hereof(including this section) shall be valid unless in writing and signed by the parties hereto. 823 CONGRESS AVENUE,STE.1200 0 AUSTIN,TEXAS 78701 0 INFO@)FOCUSEDADVOCACY.COM FOCUSED ADVOCACY IN WITNESS WHEREOF,the parties have executed this Agreement through their duly authorized officers, as of the date set forth above. City of Corpus Christi, Texas Focused Advocacy, LLC By: By: Mr. Ron Olson Mr. Snapper L. Carr City Manager General Counsel Date: Date: ATTEST: Rebecca Huerta City Secretary APPROVED AS TO FORM: Barney Knight Interim City Attorney 823 CONGRESS AVENUE,STE.1200 AUSTIN,TEXAS 78701 INFO@)FOCUSEDADVOCACY.COM AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND MEYERS & ASSOCIATES FOR GOVERNMENTAL RELATIONS SERVICES This agreement is by and between the City of Corpus Christi (the "City") and Meyers & Associates, a Washington based governmental relations consulting firm ("Meyers"), and is effective the 1 st day of August 2014. WITNESSETH: WHEREAS, many key goals of the City of Corpus Christi, especially economic development goals, are directly and critically affected by decisions of the United States Congress, President and Federal Agencies. These include, but are not limited to,protection of our military installations, assurance of an adequate water supply, reasonable air quality standards, funding for Community Development Block Grants and HOME programs,protecting the tax exempt status of municipal bonds, the North Padre Island Storm Damage Reduction and Environmental Restoration Project, transportation policy and project funding, including the Harbor Bridge, Interstate 69, freight rail expansion, and maintenance of the Gulf Intracoastal Waterway, and various other regulatory and funding programs; and WHEREAS, Meyers specializes in providing governmental relations services in federal legislative and administrative matters. NOW, THEREFORE, for and in consideration and exchange of mutual covenants and conditions herein contained, the City and Meyers agree as follows: 1. City Duties. The City hereby appoints Meyers to act on its behalf to assist in furthering City goals in Washington under terms acceptable to the City including: a. The City, through its City Manager, Director of Intergovernmental Relations and City Attorney will supervise the activities of Meyers in monitoring and promoting policies which assist in furthering the City's interests and goals. b. The City will pay or cause to be paid to Meyers $6,500.00 monthly for assistance in accomplishing the above interests and goals plus reasonable associated out-of-pocket expenses. C. Such payments will commence in August 2014 and will continue for(26) twenty-six consecutive months subject to provisions for cancellation as set out below, and subject to annual appropriations by the City Council. d. The services and relationship between the City and Meyers may be terminated with 30 days notice by the City Manager. Page 1 of 3 2. Meyers' Duties. Meyers agrees that they will: a. Use their best professional efforts to assist in the accomplishment of the interests and goals of the City. b. Perform all services according to high professional standards. C. Report any potential conflict of interest at once for resolution by the City Manager, should a potential conflict develop between services performed for the City and Meyers' other clients. d. Comply with all laws of the United States and regulations of the United States Congress with regard to representation and registration as may be required by such laws and regulations. e. Provide the City Manager periodic reports identifying services provided and any issues that could impact the City of Corpus Christi. 3. Term. This Agreement shall commence August 1, 2014 and continue until September 30, 2016, subject to the provisions for cancellation set out in Section 1 (d) above. 4. Independent Contractor. Nothing contained in this Agreement shall be construed to constitute Meyers as an employee or agent of the City nor shall either party have any authority to bind the other in any respect, it being intended that each shall remain an independent contractor responsible for its own actions. 5. Entire Agreement. This Agreement contains the entire understanding of the parties hereto with respect to the matters covered hereby. 6. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provisions of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such provision or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 7. Assignment. This Agreement may not be assigned by either party without mutual consent in writing. 8. Binding Effect. Subject to the provisions of Section 7 of this Agreement, this Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and assigns. 9. Amendment. This Agreement may be amended only by an instrument in writing executed by the parties hereto. Page 2 of 3 10. Captions. The section and paragraph headings in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. . 11. Governing law. This Agreement shall be construed and enforced in accordance with and governed by law of the State of Texas. 12. Counterparts. This Agreement may be executed in multiple original counterparts, each of which shall be deemed an original, but all of which together shall constitute the same instrument. IN WITNESS WHEREOF, the parties hereto have signed this Agreement and same is made effective upon execution by all parties. CITY OF CORPUS CHRISTI, TEXAS By: Ron L. Olson July 29, 2014 City Manager MEYERS & ASSOCIATES By: Larry Meyers July 29, 2014 MEYERS & ASSOCIATES APPROVED AS TO FORM: INTERIM CITY ATTORNEY Barney Knight Page 3 of 3 d AGENDA MEMORANDUM oaPowR,ko First Reading Ordinance for the City Council Meeting of July 22, 2014 2852 Second Reading Ordinance for the City Council Meeting of July 29, 2014 DATE: June 30, 2014 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floyds(aD-cctexas.com 886-2604 Accepting and appropriating the 2015 Selective Traffic Enforcement Program grant from the Texas Department of Transportation (TXDOT) CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of $98,082.00 for the 2015 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for Driving While Intoxicated (DWI) and Speed enforcement overtime, with a city match of $40,266.75, for a total project cost of $138,348.75 and appropriating $98,082.00 in the No. 1061 Police Grants Fund. PURPOSE: Accept the grant and appropriate the funds. BACKGROUND AND FINDINGS: TXDOT is providing funding to continue the overtime DWI and Speed enforcement grants in the Police Department for 2015. The grant provides overtime funding for DWI and Speed enforcement across the City with varied days of the week and hours of operation. Officers will be working on an overtime basis, with the City providing $22,666.75 for fringe benefits and $17,600 for mileage. The grant period is 10/01/2014— 09/30/2015. 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: 2014- Expenditures 2015 (CIP only) Current Year Future Years TOTALS Line Item Budget $40,266.75 $40,266.75 Encumbered / Expended Amount This item $98,082.00 $987082.00 BALANCE $1387348.75 $1387348.75 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award contract Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of$98,082.00 for the 2015 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department for Driving While Intoxicated (DWI) and Speed Enforcement overtime, with a city match of$40,266.75 for a total,project cost of$138,348.75; and appropriating $98,082.00 in the No. 1061 Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of$98,082.00 for the 2015 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department for DWI and Speed Enforcement overtime, with a city match of$40,266.75 for a total project cost of$138,348.75; SECTION 2. That$98,082.00 grant is appropriated in the No. 1061 Police Grants Fund to continue funding overtime for DWI and Speed Enforcement across the City. 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 Alien Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leaf 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 oaPowRko Future Item for the City Council Meeting of July 22, 2014 2852 Action Item for the City Council Meeting of July 29, 2014 DATE: June 20, 2014 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floyds(o-)-cctexas.com 886-2603 Amending Chapter 38 of the Code of Ordinances to modify the peddler permit and unlawful solicitation sections of the code CAPTION: Amending Chapter 38, Section 22 of the Corpus Christi Code to modify the hours soliciting is allowed and to prohibit soliciting at homes with no soliciting or trespass signs; amending Chapter 38, Section 6 of the Corpus Christi Code to require proof of identification and background checks for peddler, commercial solicitor and itinerant merchant permittees and deny permits to applicants convicted of any felony or of any offense involving moral turpitude; amending Chapter 38, Section 4 of the Corpus Christi Code to require the displaying of permit; amending Chapter 38, Section 3 and Section 2 of the Corpus Christi Code to exempt local youth organizations from permitting process; amending Chapter 38, ARTICLE II. SOLICITATIONS FOR CHARITABLE PURPOSES of the Corpus Christi Code in its entirety; providing for severance; providing for publication; providing for penalty; and providing an effective date. PURPOSE: Modifications are necessary to provide more specific guidelines for solicitation and for the safety of citizens. BACKGROUND AND FINDINGS: The changes to the ordinance are: 1. Hours changed to 9:00 am —7:00 pm daylight savings time or 6:00 pm standard time to prevent solicitation after sunset 2. Soliciting not allowed at premises with "No Soliciting" or"No Trespassing" signs. 3. Adding a criminal background check to the application. This will be a name search that does not require fingerprints. Development Services will be set up to run the search. 4. Applicants will be required to submit a government ID with photo for a permit. 5. Applicants will be required to wear or display their permit visible to the public and law enforcement officials. 6. Local youth organizations with a physical address in the City of Corpus Christi are exempt from peddler permit. 7. Unlawful for any person under the age of 16 to stand in a roadway to solicit or accept funds from an occupant of a vehicle. Unlawful for any person to stand in a roadway to solicit or accept funds from an occupant of a vehicle without wearing a reflective safety vest. 8. Eliminating the charitable solicitor permitting. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered / Expended Amount 0 This item 0 BALANCE 0 Fund(s): Comments: RECOMMENDATION: Staff recommends supporting changes to the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Amending Chapter 38, Section 22 of the Corpus Christi Code to modify the hours soliciting is allowed and to prohibit soliciting at homes with no soliciting-or trespass signs; amending Chapter 38, Section 6 of the Corpus Christi Code to require proof of identification and background.checks for peddler, commercial solicitor and itinerant merchant permittees and deny permits to applicants convicted of any felony or of any offense involving moral turpitude; amending Chapter 38, Section 4 of the Corpus Christi Code to require the displaying of permit; amending Chapter 38, Section 3 and Section 2 of the Corpus Christi Code to exempt local youth organizations from permitting.process; amending Chapter 38, ARTICLE 11. SOLICITATIONS FOR CHARITABLE PURPOSES of the Corpus Christi. Code in its entirety; providing for severance; providing for publication; providing for penalty; and providing an effective date BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. Chapter 38, Section 22 General regulations, is revised as follows: Sec. 38-22. General regulations. All peddlers, commercial solicitors and itinerant merchants, permitted under the -- - provisions of this article shall comply with the following rules and regulations which shall be conditions of the permits: (1) No peddler or commercial solicitor shall conduct any such business except between the heum ef 0:00 a.Fn. and 9.00 . , before 9:00 a.m. or after 6:00 p.m during standard time, or before 9:00 a.m or after 7:00 p.m. during,daylight savings time, without a Prior invitation from the occupants of said private residence. (2) No. peddler, commercial solicitor or itinerant merchant shall represent to any person that any certificate of registration, permit or identification card issued under the provisions of this article in any manner constitutes an endorsement or approval by the City of Corpus Christi, Texas, of a product, good or service or of any particular person or business. (5) Every peddler, commercial solicitor and itinerant merchant shall prominently display any certificate of registration or permit issued under the provisions of this article and shall, upon the request of any person, display any identification card Issued under the provisions of this article. (6) No peddler=of commercial solicitor,or itinerant merchant shall remain on any p p Y 9 entry ,,. nvate remises or continue an effort to gin ent to any private premises after being requested by the owner or lawful occupant thereof to depart. F=9r C7LIPIAR SeS of this 1 peddleFs 11 IE 11 ne 11 1 , (7)--- No peddler, commercial solicitor, or itinerant merchant shall engage in soliciting activities at any residence or business that has a "No Soliciting' or"No Trespassing" sin posted on the Property. SECTION 2. Chapter 38, Section 6 Permit application, information required, is revised as follows: Sec. 38-6. Permit application, information required, and criminal background check. fal Every application for a permit required by this chapter shall contain the following: (1) The name of the applicant and, if applicable, a certified copy of any assumed name certificate and/or corporate or other legal organization charter of record, together with proof of the individual's authority to act in behalf of such entity. (2) The business address and phone number of the applicant. (3) The full name, phone number-current residence and place of residence for the five (b) years previous to the date of said application of any individuals who will engage in the business operations in the city. (10) Proof of state sales tax certificate, if applicable, and compliance with all other applicable state and federal requirements for the particular business for which a permit is requested. (11) Each applicant shall provide proof of identification through submission of a valid driver's license or other valid official overnment photo identification. (b) (1) The applicant must provide all information and any state or federal forms that are re uired to obtain a criminal history report for the applicant. In addition to the permit fee the applicant will be responsible to cover any fees imposed by state or federal agencies :for the report. 2 An applicant and any individuals who will en-gage in the business operations in the city may_be denied revoked suspended, or denied for renewal if the armlicant has been convicted of any felony, or of any offense involving moral turpitude. SECTION 3. Chapter 38, Section 3 Applicability; affirmative defenses, is revised as follows: Sec. 38-3. Applicability; affirmative defenses. This article shall not apply to the following persons, businesses or conduct or under the following conditions; provided, however, that it shall not be necessary In the prosecution 2 of any violation of this article to negative any of such exceptions or exemptions herein expressed; but the pleading and proof of the same shall be an affirmative defense in any such prosecution: 15) Lemonade stands and the like conducted and.operated entirely by children under the age of sixteen (16) and upon the private residential premises of such children. 16) Local youth organizations zations are exempt from the permitting,.r,,.equirements of this chapter. SECTION 4. Chapter 38, Section 4 Permit Required, is revised as follows: Sec. 38-4 Permit Required. No person shall engage in the business of selling, offering for sale, renting or offering for rent any goods or services as a vendor, peddler, commercial solicitor or itinerant merchant within the City of Corpus Christi without first obtaining a permit therefor in accordance with the terms and provisions of this article. When engaged in the business of selling, offering-for sale renting or offerinq for rent any goods or services such permit shall be attached or hung on the vendor, peddler, commercial solicitor or itinerant merchant so that it is visible to the public and law enforcement officials. SECTION 5. Chapter 38, Section 2 Definitions and construction, is revised as follows: Sec. 38-2. Definitions and construction. (a) As used in this article, the following definitions shall apply: (1) Bay front seawall shall mean the protective retaining wall running along the shore of Corpus Christi Bay and along Shoreline Boulevard from Buford Street to the entrance ramp to the barge dock, including the sidewalk thereon. (2) Business shall mean any marketing activity conducted for the sale or rental of goods or services for private profit on any premises in this city. (3) City shall mean the City of Corpus Christi, Texas, or where the context indicates, the city manager or his designated representative or other authorized representative of the city. (4) Commercial solicitor shall mean any person without a permanent business establishment within the city who takes or offers to take orders for the future delivery of any goods or services by means of going upon private premises from house to house or place to place, without the prior expressed request or consent of the owner or occupant thereof. (5) Itinerant merchant shall mean any person without a permanent business establishment within the city who engages in a temporary business of selling, offering for sale, renting or offering for rent any goods or services from a 3 permanent, established structure. Temporary association with an established resident business or person shall not excuse any itinerant merchant from the terms of this article. (6) Local youth organization means an organization that meets all of these requirements: i isacharitable or non-profit entity, or a public or private primary or secondary school or a program unit authorized by any such school such as a band athletic team student club etc. • and (ii) which raises funds for the y p !. ) been accused by anv organization b predominantly using_c_hildren• iii has not be,,,.,,•„_ law enforcement agency of fraud, child labor law violations, or other crime against residents in the course of soliciting. All local youth organizations must have a physical address in City„of Corpus Christi. (7) Panhandle means the employment of the spoken, written or„printed word or other acts as are conducted in the furtherance of the purpose of immediately collecting money or any other item of value for the use of one's self or others. (&)- Peddler shad mean any person without a permanent business establishment within the city who sells, offers for sale, rents or offers for rent any goods or services by means of going upon private premises from house to house or place to place, without the prior expressed request or consent of the owner or occupant thereof, and who makes delivery at or near the time of any such transaction. - (7-)_U9 Permanent business establishment means a building or part of a building or space within a building owned or occupied for use in the operation of an on-going commercial or Industrial enterprise which has been or is intended to be conducted for more than forty-five (45) days and for which use a certificate of occupancy has been issued by the city. (8) 10 Person shall mean any Individual, firm, company, corporation, organization, partnership, association or other legal entity. M 11 Vending unit shall mean any vehicle, stand, cart, craft, or other equipment or device used by a vendor for the storage or display of goods for sale or rent or in the actual rendering of services. (4-G) 12 Vendor shall mean any person who engages in the business of selling, offering for sale, renting or offering for rent and delivering from stock at or near the time of sale or rental any goods or services from any vehicle, cart, stand, or other equipment or device or from his person, from, in or upon any public street, alley, sidewalk, park, beach or any other public way or premises or from, in or upon any private premises, and outside a permanent, established structure. SECTION 6. Chapter 38, Article ll. SOLICITATIONS FOR CHARITABLE PURPOSES of the Corpus Christi Code is hereby amended in its entirety to read as follows: Article ll. UNLAWFUL SOLICITATION Sec. 38-40. Definitions 4 As used in this Article, the following terms shall have the meanings ascribed to them in this section, unless the context of their usage clearly indicates another meaning: (1) Aggressive panhandling means any of the following acts 1. Making any physical contact with or touching the solicitee in the course of the solicitation without the solicitee's consent. 2. Following a solicitee, if that conduct is; A. Likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the solicitee's possession or B. Reasonably likely to intimidate the solicitee into responding affirmatively to the solicitation. 3. Continuing to solicit after the solicitee has made a negative response to a solicitation, but does not include a request for reconsideration of the denial of a request for a commercial or consumer loan under normal business terms. 4. Blocking the safe or free passage of a solicitee or requiring the solicitee, or the driver of a vehicle to take evasive action to avoid physical contact with the solicitor. 6. Using obscene or abusive language or gestures toward the solicitee. 6. Approaching the solicitee in a manner that: A. Is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the solicitee's possession or B. Is reasonably likely to intimidate the solicitee into responding affirmatively to the solicitation. (2) Charitable purpose means any purpose, whether actual or purported, which an ordinary citizen reasonably could classify as charitable, benevolent, philanthropic, patriotic, religious, social service, welfare, educational, eleemosynary, cultural, artistic, or for a public service or association of public servants. (3) Charitable organization means any person who engages in, or purports to engage in solicitation for a charitable purpose and includes a chapter, branch, area office, or similar affiliate or any person soliciting contributions within the city for a parent charitable organization, but does not include an organization whose primary purpose is supporting or opposing any candidate for elective office, or influencing the nomination for election or the election of any candidate for elective office. 5 (4) Person means any individual, organization, group, firm, association, partnership, corporation, company, trust or joint stock association, church, religious sect, religious denomination, society, or league, and includes any trustee, receiver, assignee, agent or other similar representative thereof. (5) Professional.fundraiser means any person who for financial compensation or profit performs for a charitable organization service in connection with which contributions are, or will be solicited in this city by the compensated person or by any compensated person the person employs, procures, or engages to solicit; or any person who for compensation or profit plans, manages, advises, consults, or prepares material for, or with respect to, the solicitation in this city of contributions for a charitable organization. No investment adviser, investment adviser representative, broker-dealer, or lawyer, accountant,or banker who advises a person to make a charitable contribution or who provides Iegal, accounting or financial advice in the ordinary course of a profession or business shall be deemed, as a result of the advice, to be a professional fundralser. A bona fide salaried officer, employee, or uncompensated volunteer of a charitable organization is not a professional fundraiser. (6) Public place means an area to which the public has access and includes, but is not limited to, a sidewalk, street, highway, park, parking lot, parking meter, alleyway, pedestrian way, or the common area of a school, hospital, apartment house, office building, bus, bus station, bus stop, bank, restaurant, or business establishment. (7) Response means any reply or imperative instruction by a solicitee to a solicitor, the solicitee has been solicited or approached by the solicitor, whether verbal or non- verbal, to stop the solicitation, including, but not limited to, the use of gestures or words such as "no," "not today," "stop," "back off," "stay back," "get away," "leave me alone," or"withdraw." (8) Solicit funds or solicitation of funds means any request for the donation of money, property, or anything of value, or the pledge of a future donation of money, property, or anything of value; or the selling or offering for sale of any property, real or personal, tangible or intangible, whether of value or not, including, but not limited to, goods, books, pamphlets, tickets, publications or subscriptions to publications, or brochures, upon the representation, express or implied, that the proceeds of such sale will be used for a charitable purpose as such term is herein defined. Expressly excluded from the meaning of"solicit funds" or"solicitation of funds" are any offer of membership in any organization and any solicitation of funds for any purpose either by a governmental agency or political subdivision. (9) Solicitee means any individual to whom a solicitor directs a solicitation. (10) Solicitor means any person who engages in the act of solicitation. Section 38-41 Unlawful solicitation. 6 (a) It shall be unlawful to solicit funds for charitable purposes between the hours of 6:00 p.m. and 9:00 a.m. during standard time or between the hours 7:00 p.m. and 9:00 a.m. during daylight savings time. (b) It shall. be unlawful for any person to solicit funds, directly or indirectly, by the misrepresentation of names, occupation, financial condition, social condition or residence of the persons purported to be benefited thereby or of the solicitor, or misrepresentation of any other material fact. (c) It shall be unlawful for any person who shall solicit funds for charitable purposes to represent in connection with such solicitation of fund that the city endorses or approves of the purposes of such solicitation by the city or any officer or employee thereof. (d) It shall be unlawful for any person to stand in a roadway to solicit or accept funds from an occupant of a vehicle without wearing a reflective safety vest. (e) It shall be unlawful for any person under the age of 16 to stand in a roadway to solicit or accept funds from an occupant of a vehicle. (f) It shall be unlawful for any person Knowingly to solicit funds from another for a particular charitable person or purpose after receiving notice that the other person does not want to be contacted again about contributing to the. charitable person or purpose. (g) It shall be unlawful for any person to solicit funds from another without disclosing to the potential donor his name, the name and address of the charitable organization on whose behalf he is soliciting, the name of any professional fundraiser for whom he is working and a statement that said entity is a professional fundraiser. (h) Charitable solicitations involving the sale or attempted sale of goods or services shall be subject to the provisions of the Texas Deceptive Trade Practices Act, and the provisions of said Act, as amended, are adopted herein by reference. (i) It shall be unlawful for any person to engage in aggressive panhandling. Sec. 38-42. Exceptions. The following are excepted from this Article: (1) The solicitation of funds for charitable purposes by any organization or association from its members; (2) The solicitation of funds for charitable purposes by a person when such solicitation occurs on premises owned or controlled by the person soliciting funds. Secs. 38-43 to 38-50 Reserved 7 SECTION 7. 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 hereof be given full force and effect for its purpose. SECTION 8. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 9. Penalties are as provided in Section 1-6 of the Code of Ordinances. SECTION 10. This ordinance takes effect after official publication. 8 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 9 so AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of July 22, 2014 182 Second Reading Ordinance for the City Council Meeting of July 29, 2014 DATE: 6/30/2014 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health AnnetteR@cctexas.com 361-826-7203 Women, Infants and Children (WIC) grant FY 13-14 Accept and appropriate grant amendment of$141,003.00 CAPTION: Ordinance authorizing the City Manager, or his designee, to execute all documents necessary to accept and appropriate a grant amendment in the amount of$141,003.00 from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to provide funds for the Women, Infants, and Children (WIC) program; and to ratify acceptance of this grant amendment to begin as of June 6, 2014. PURPOSE: The acceptance and appropriation of additional funding to the FY13-14, Women, Infants and Children grant allows the Health District WIC division to continue to educate and help improve the diets of infants, children, and pregnant, postpartum, and breastfeeding women who are eligible for the program through low income and nutrition related risks. BACKGROUND AND FINDINGS: The special supplemental nutrition program for Women, Infants, and Children (WIC) is a health and nutrition program that improves the diets of infants, children, and pregnant, postpartum, and breastfeeding women who are eligible for the program through low income and nutrition-related risks. This particular item is to accept and appropriate a grant amendment in the amount of $141 ,003.00 from the Texas Department of State Health Services. The grant amendment will increase grant funding for the WIC program from a current amount of $918,336 to an amount of $1,059,339.00 which will continue to be used to provide services at the Corpus Christi-Nueces County Public Health District to over 5,000 low income women, infants, and children per month. The current contract term is 10/01/2013 through 09/30/2014. No matching funds required. ALTERNATIVE: Discontinue WIC Program at the Corpus Christi-Nueces County Public Health District OTHER CONSIDERATIONS Not applicable CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds EMERGENCY/NON-EMERGENCY: Non-Emergency DEPARTM ENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Finance-Federal Grants and office of management and budget FINANCIAL IMPACT: X Operating o Revenue o Capital o Not applicable Project to Date Fiscal Year:2013- Expenditures 2014 (Cl P only) Current Year Future Years TOTALS Line Item Budget $1 ,059,339 $1 ,059,339 Encumbered / Expended Amount This item BALANCE $1 ,059,339 $1 ,059,339 Fund(s):1066 Comments: No matching funds required. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance Current Award Letter Contract Amendment Contract Ordinance authorizing the City Manager, or his designee, to execute all documents necessary to accept and appropriate a grant amendment in the amount of $141,003.00 from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to provide funds for the Women, Infants, and Children (WIC) program; and to ratify acceptance of this grant amendment to begin as of June 6, 2014. Be it ordained by the City Council of the City of Corpus Christi, Texas that: Section 1. The City Manager, or his designee, its authorized to execute all documents necessary to accept and appropriate a grant amendment in the amount of$141,003.00 from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to provide funds for the Women, Infants, and Children (WIC) program. The current grant amount of $918,336.00 is hereby increased by the grant amendment in the amount of $141,003.00 for a total grant in the amount of $1,059,339.00 (Contract #2014-045103). Section 2. The City Council ratifies acceptance of the grant amendment in the amount of$141,003.00 to begin as of June 6, 2014. A copy of the documents shall be filed in the office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 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 TEXAS DEPARTMENT OF STATE HEALTH SERVICES 1100 West 49th Street•Austin,Texas 78756 P.O.Box 149347•Austin,Texas 78714-9347 DAVID L.LAKEY,M.D. 1-888-963-7111 •www.dshs.state.tx.us COMMISSIONER TDD: 1-800-735-2989 Letter of Amendment June 6, 2014 Ms. Christina Zamarripa,WIC Director LA#38, Corpus Christi-Nueces County Public Health District 1702 Horne Road Corpus Christi,TN 78416 Dear Ms. Zamarripa: The Corpus Christi-Nueces County Public Health District FY 2014 WIC contract will be amended to reflect revisions as detailed in the table below. This letter constitutes a formal contract amendment. Project Project Contact Award �utt1 A�u�t �rn � Amount Extra Benny Jasso Funding benne gas oCal dshs.stateIx.—us $0.00 $140,238.00 $140,238.00 (512) 341-4573 Obesity Angela Gil Prevention angela.gi1C"dslis.state.tx_,us $17,000.00 $765.00 $17,765.00 (512)341-4590 This project adjustment will be reflected in your contract"Not to Exceed"amount as shown below: ,� s -77 a _ �` fir / i f N rr s y_ Current Contract Amended Amount Amended Amount Revised Contract"Not Amount Increase (Decrease) to exceed"Amount $918,336.00 $141,003.00 $1,059,339.00 Funds are awarded with the understanding that any procurements using these funds will be in compliance with the Uniform Grants Management Standards(UGMS), WIC policies, and 7 CFR Part 3016. This letter is approval for funding only. It does not relieve the agency from seeking additional approvals as required by WIC Policy. In order for the State Agency to track these expenditures, please bill for each special project(s) listed above on a separate State of Texas purchase voucher(B-13). Label each voucher with the specific project name, as well as allocations to Administrative(Admin), Nutrition Education(NE),and Breastfeeding(BF)costs. Vouchers without allocations listed will be applied toward Admin. An Equal Employment Opportunity Employer and Provider Ms. Christina Zamarripa,WIC Director LA#38,Corpus Christi-Nueces County Public Health District June 6, 2014 Page 2 For questions regarding funding decisions, please contact Benny Jasso,WIC Program, at(512) 341-4573, or b . For questions regarding purchase requests, please contact Alisin Genfan, Contract Development and Support Branch, at(512)776-3156 or a]isin.genfanC dshs.state Ax Lis. Sin ely, Lindsay Rodgers,Director Nutrition Services Section AG:klr An Equal Employment Opportunity Employer and Provider DEPARTMENT OF STATE HEALTH SERVICES S�1-T E - I 1 Amendment The Department of State Health Services (DSHS) and CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) (Contractor) agree to amend Program Attachment 4 001 (Program Attachment) to Contract 4 2014-045103 (Contract) in accordance with this Amendment No. 001A: NSS/WIC LOCAL AGENCY, effective 03/03/2014. The purpose of this amendment is to extend contract period from 3/31/14 to 9/30/2014, revise paragraph M in Section I and the administrative rate in Section VIII, and increase funding. Therefore, DSHS and Contractor agree as follows: Change Program Attachment Number as follows: PROGRAM ATTACHMENT NO. 4" 001A Contract Term Date is revised to read as follows: TERM: 10/01/2013 THRU: 03�Zwr31/2014 09/30/2014 SECTION L STATEMENT OF WORK, first paragraph, sub-paragraph M, is replaced with the following: M. Permit DSHS or its agent to install a Very Small Aperture Terminal (VSAT) or equivalent telecommunications equipment at all Contractor WIC clinics and administrative offices using Texas-WIN software on a network or stand alone personal computer. Installation at all Contractor permanent WIC sites is required. VSAT or other telecommunications equipment installations for new sites or sites moving from one location to another requires a minimum of 4-5 60 days notice. SECTION VIII. SPECIAL PROVISIONS, General Provisions, Payment Methods and Restrictions Article, Section 4.01, Payment Methods, first paragraph under the heading PARTICIPANTS SERVED PER MONTH MAXIMUM REIMBURSEMENT, is revised as follows: During the term of the Program Attachment, Contractor shall earn administrative funds at the rate of$12.34 $12.60 for each participant served as defined above. Page - 1 of 2 SECTION VII. BUDGET, is revised as follows: SOURCE OF FUNDS: CFDA 4 10.557.001; 10.557.013 DUNS NUMBER: 069457786 All categories of costs billed to DSHS WIC Program, and allocation of such costs, shall be in accordance with the "Plan to Allocate Direct Costs" (PADC) submitted by Contractor and approved by the DSHS WIC Program. This document is incorporated herein by reference and made a part of this Program Attachment. Total reimbursements will not exceed $447,758.00 $918,336.00. All other terms and conditions not hereby amended are to remain in full force and effect. In the event of a conflict between the terms of this contract and the terms of this Amendment, this Amendment shall control. Department of State Health Services CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT(CITY) Signature of Authorized Official Signature of Authorized Official Date: Date: Evelyn Delgado Name: Assistant Commissioner for Family and Community Health Title: Services Address: 1100 WEST 49TH STREET AUSTIN,TEXAS 78756 512.776.7321 Phone: Evelyn.Delgado@dshs.state.tx.us Email: Page -2 of 2 DEPARTMENT OF STATE HEALTH SERVICES This contract, number 2014-045103 (Contract), is entered into by and between the Department of State Health Services (DSHS or the Department), an agency of the State of Texas, and CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) (Contractor), a Government Entity,(collectively,the Parties). 1. Pumose of the Contract. DSHS agrees to purchase-, and Contractor agrees to provide, services or goods to the eligible populations as described in the Program Attachments, 2. Total Antoirnt of the Contract and Pa nrent Method(s). The total amount of this Contract is$447,358.00,and the payment method(s)shall be as specified in the Program Attachments. 3. Minding_Obligation. This Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, budget cuts, transfer of fiends between programs or health and human services agencies, amendment to the Appropriations Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract,DSHS may restrict,reduce,or terminate funding under this Contract. 4. Term of the Contract, This Contract begins on 1010112013 and ends on 03/31/2019-, DSHS has the option, in its sole discretion, to renew the Contract as provided in each Program Attachment. DSHS is not responsible for payment under this Contract before both parties have signed the Contract or before the start date of the Contract,whichever is later. 5. Autborlty. DSHS enters into this Contract under the authority of Health and Safety Code, Chapter 1001. 6, Documents Forming Contract. The Contract consists of the following; a. Core Contract(this document) b. Program Attachments:. 2014-045103-001 NSSIWIC LOCAL AGENCY e. General Provisions (Sub-recipient) d. Solicitation Document(s), and e. Contractor's response($)to the Solicitation Docunrent(s). f Exhibits Any changes made to the Contract, whether by edit or attachment, do not forth part of the Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein. 92(as•r 7. Conflietin Terms, In tile, event of conflicting terms anrong the documents forming this Contract, the order of control is first the Core Contract,then the Program Attachment(s), th8n the General Provisions, then the Solicitation Document,if any,and then Contractor's response.to tile. Solicitation Document,if any. 8. P_ ayee. Tile Parties agree that the following payee;is entitled to receive payment for services rendered by Contractor or goods received under this Contract: Nance: CITY OF CORPUS CHRISTI Address: PO BOX 9277 CORPUS CHRISTI,TX 78469-9277 Vendor Identification Number: 17460005741027 9. Entire Agreement, The Parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between them with respect to the subject matter of this Contract,other than as set forth in this Contract, 92618.1 By signing below, the Parties acknowledge that they have read the Contract and agree to its terms,and that the persons whose signatures appear below have the requisite authority to execute this Contract on behalf of the named party. DEPARTMENT OF STATE HEALTH SERVICM CORPUS CHRISTI-MECM COUNTY PUBLIC H 13ALTH DISTRICT(CITY) 'r By: -v By; Signature ofAuthorized dfficlal Signature Date Date Evelyn Delgado S by Printed Name and itle Assistant Commissionerfor Family and 2d 1 Community Health Services Address 1100 WEST 49TH STItBBT W15 �1 0� � U AUSTIN,TEXAS 78756 City, tate,Zip . 512.776.7321 3 6 t— $2- 3 Z "2- Telephone Number Evelyn.DelgadoQclslis.state.tx.us c� std C. ckwn-s'a Cj-UYti- R-jnnll Addr s for Official Correspondence WWI Or .0.=..1.,.... RY C�0#IP CIL...�.1 .�.2: SEMETARI 4263-1 CONTRACT NO.2014-0451.03 PROGRAM ATTACHMENT NO. 001 PURCHASE ORDER NO.0000399295 CONTRACTOR: CORPUS CIIRISTI-NUECES COUNTY PUBLIC HEAL`T'H DISTRICT (CITY) DSHS PROGRAM; N,SS/WIC LOCAL AGENCY TERM: 10/01/2013 THRU: 03/31/2014 SECTION I, STATEMENT OF WORK: Contractor shall administer the Department of State Health Services (DSHS) Special Suppleniental Nutrition Program for Women, Infant, and Children (WIC) to provide supplemental food instruments, nutrition education, and counseling to enhance good health care at no cost to low4ticome pregnant and postpartum women,infants and children identified to be at nutritional risk. Contractor shall: A. Perform professional, administrative and clerical services necessary to determine eligibility, provide food instruments, and provide appropriate nutrition education and counseling to qualified women, infants and children in a specified geographic area. Contractor shall ensure adequate staff coverage and uninterrupted delivery of services. Services shall be performed according to the statutes, rules, policies, and directives of DSHS Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) and/or as directed by the United States Department of Agriculture (USDA) as referenced in this Program Attachment. During the tern of this Program Attachment, USDA may issue regulations, instructions,policies and/or directives, which may be incorporated into the DSHS WIC Program Policy and Procedures Manual and program rules. B. Provide services within the state boundaries of Texas and in the approved clinic locations described in Contractor's application. C. Assist DSHS or USDA in the collection of data that will identify benefits of this nutrition intervention program and furnish financial, health, nutrition education and any other special reports in a timely manner as required by DSHS WIC Program's written rules and policies for the compilation of such data, D. Determine eligibility of applicants through assessment of their categorical income, residence and nutritional status, and provide nutrition education and counseling to eligible participants. E. Appoint a Contractor WIC Director/Supervisor. F. Train Contractor's Local Agency staff. PROGRAM ATTACHMENT—Page 1 G. Submit the following reports/plans by the due date: 1. Monthly Incentive Funding Summary Report by the IS"' day of the following month;and 2. WIC Local Agency Performance Measure Report by the 15`h day of the following month. H. Conduct outreach to potential participants. I. Complete surveys as requested. J. Within five days of receiving a DSHS request for a 'Vendor Evaluation, Contractor shall contact vendor Applicant to set up an appointment to conduct tite evaluation. Contractor shall conduct ott-site evaluation, completing WIC Vendor Evaluation Forms and fax/return forms to the DSHS no later than one business day after the oat-site evaluation. K. Determine participants' access to health care,medical care and other human services, and make appropriate referrals. Contractor shall have a system in place to provide participants with appropriate health services or make appropriate refon-als to health care providers under written agreements that ensure confidentiality of participants' personal Information. L. Issue pre-numbered food instruments furnished by DSHS to qualified participants who shall use such instruments to obtain specified food items from participating vendors; maintain complete accountability and security of all food instruments received from DSHS. Contractor shall be held financially responsible for all unaccounted for food instruments and/or for the redeemed value of those issued to ineligible participants. In addition, Contractor shall be held financially liable for issuance of infant formula instruments that are not authorized or prescribed according to the WIC Policy and Procedures Manual. M. Permit DSHS or its agent to install a Very Small Aperture Terminal (VSAT) or equivalent telecommunications equipment at all Contractor WIC clinics and administrative offices using Texas-WIN software on a network or stand alone personal computer. Installation at all Contractor permanent WIC sites is required. VSAT or other• telecommunications equipment installations for new sites or sites moving from one location to another requires a niinimunt of 45 clays notice, N, Connect portable computers(notebook or laptop) that use Texas-WIN software daily to a (VSAT)or other DSHS provided-telecomtnui)icatioats access point to transfer data to and receive updates from DSHS. Daily is defined as Monday—Friday and Saturday if WIC services are provided. Portable computers ittay go to any of tire,Contractor's permanent WIC sites for data transfer, PROGRAM ATTACHMENT—Page 2 O. Review the Immunization records of WIC Program applicants/participants to ensure that immunizations are current. Make appropriate referrals to health care providers for necessary immunizations. P. Offer services during extended hours of operation outside the traditional times of 8:00 a.m. to 5:00 p.m., Monday through Friday, according to the Contractor's Annual Plan of Operations as approved by DSHS and incorporated by reference in this Program Attachment. Q. Implement or expand Contractor's Breastfeeding Peer Counseling program to provide training and salary of peer counselors who assist pregnant and breastfeeding WIC participants. in normal breastfeeding situations. - Funding for this activity will be contingent on availability and written approval by DSHS. R. Implement special projects according to DSHS-approved plan related to nutrition education, outreach or breastfeeding if'project is requested by Contractor and approved by DSHS. Funding for special projects is contingent upon availability and approval in writing by DSHS of the Contractor's plan for the special project. S. Implement lactation services for WIC participants who have breastfeeding problems that are beyond the expertise of Contractor's local WIC staff and/or peer counselors using International Board Certified Lactation Consultants-or the most qualified equivalent. Lactation services may also include Contractor's Local WIC Agency staff training and the provision of lactation equipment. DSHS wilt provide written approval of Contractor's plan to use lactation funding. Contractor's plan shall include qualifications of any non-board certified lactation consultant, which is included in the proposal, T. Ensure adequate staff coverage and uninterrupted delivery of WIC services if any member of Contractor's staff is approved in writing by DSHS to participate in the DSHS Dietetic Internship program, This internship will consist of no less than 1200 hours of supervised learning experiences in a variety of nutrition-r'clated facilities and will prepare Contractor's selected staff member to better meet the needs of WIC participants. U. Stool: DSHS-provided manual pumps, single-user electric breast pumps and multi-user electric breast pumps, collection kits, and purchase additional sized flanges. Distribute the appropriate pumps, kits, and/or additional sized flanges to eligible WIC participants. During the term of this Program Attaclurmnt, DSHS reserves the right to withhold payment if Contractor fails to accurately complete and submit breast pump receiving reports within three(3)business days of receiving a DSHS breast puriup delivery, V. Implement or expand Contractor's use of a Registered Dietitian (RD) who is registered with the Commission on Dietetic Registration to provide for Contractor that includes, but not limited to: assistance with quality assurance,staff training, assistance with the Annual Nutrition Education -and Breastfeeding plan, individual counseling for high-risk participants, and facilitated discussion classes. PROGRAM ATTACHMENT--Page 3 f 1 Contractor shall comply with all applicable federal and state laws, rules, regulations, standards, and guidelines in effect on the beginning date of this Attachment as amended, including, but not limited to; 1. Uniform Federal Assistance Regulations,7 CFR Parts 15, 15a, 15b,246, 248,3016,3017 and 3018; 2. WIC Program and Farmers' Market Nutrition Program Rifles, 25 Texas Administrative Code, §§31.11-31,37; and 3. Child Nutrition Act of 1966, as amended,42 USC 1786. The following documents are incorporated by reference and made a part of this Program Attachment; 1. DSHS Standards fog• Public Health Clinic Services, revised August 2004, or latest revision; 2. USDA Food and Nutrition Service(FNS)Guidelines; 3. USDA FNS Instructions issued under the FNS Directives Management System,and 4, Current WIC Policy and Procedures Manual. Within thirty (30) days of receipt of an amended standard(s) or guideline(s), Contractor shall inform DSHS, in writing,if it shall not continue performance under this Program Attachment in compliance with the amended standard(s) or guideline(s). DSHS may terminate the Program Attachment immediately or within a reasonableperiod of time as determined by DSAS. All activities related to WIC, inchiding timeframes, budget, and any revisions shall be approved by DSHS. SECTION II. PERFORMANCE MEASURES The following performance measures will be used to assess,in part, Contractor's effectiveness in providing the services described in this Program Attachment, without waiving the enforceability of any of the other terms of the contract. Contractor shall ensure; 1) An average of 95% of fanriiies a quarter who participate in DSHS WIC Program by receiving food instruments shall also receive nutrition education classes or individual counseling services to coincide with food instrument issuance; 2) Of all pregnant women who enter DSHS WIC Program, an average of 20% a quarter slzall be certified as eligible during the period of the first trimester of their pregnancy; 3) An average of 85.5% of clients a quarter who are enrolled in the DSHS WIC Program, excluding dual participants, transfer locked and/or migrant clients, shall participate as food instrument recipients each month (breast-feeding infants are also included in the client count); and PROGRAM ATTACHMENT--Page 4 , k 4) 98% of participants who indicate daring file enrollment process for the DSHS WIC Program that they have no source.of health care shall be referred to at least one(1)source of health care at certification of eligibility, Contractor shall submit the WIC .focal Agency Performance Measure Report which describes Contractor's efforts towards meeting performance measures. Tile report shall be in all approved format as provided by DSHS, and shall be completed an(] submitted to DSHS within fifteen (15) calendar days after the end of each month. SECTION III. SOLICIT'AT'ION DOCUMENT: N/A SECTION IV. RENEWALS: DSHS may renew this contract for one renewal period if fiords are available. SECTION V, PAYMENT METHOD: Cost reimbursement SECTION VI. BILLING INSTRUCTIONS: Contractor shall request payment using the State of Texas Purchase Voucher (Form B-13) and Financial Status Reports (FSR) and submit by clectronie mail to DSHS-Contract Development and Support Branch at W]cVoucliea•s@dshs.state.tx,us SECTION.VII. BUDGET: SOURCE OF FUNDS: CFDA# 10.557.001; 10.557.013 DUNS NUMBER:069457786 All categories of costs billed to DSHS WIC Program, and allocation of such costs, shall be in accordance with the, "Plan to Allocate Direct Costs" (PADC) submitted by Contractor and approved by the DSHS WIC Program. This document is incorporated herein by reference and made a part of this Program Attachment. Total reimbursements will not exceed:$447,758.00. SECTION VIII. SPECIAL PROVISIONS: General Provisions, Compliance and Reporting Article I, Section 1,07, Statutes and Standards of General Applicability,is hereby amended to include the following: Contractor shall comply with all provisions required by implementing Elie regulations of the Department of Agricultare, 7 CFR Part 246, 248; Department of Justice Guidelines for Enforcement of Title VI, Civil Rights Act of 1964; 28 CFR § 50.3 and 28 CFR Part 42; and Food &Nutrition Service (FNS) directives and guidelines, to tile, effect that no person will, on the grounds of race, color, national origin, sex, age, of disability be PROGRAM ATTACHMENT---Page 5 A excluded from participation under any program or activity for which Contractor receives federal financial assistance from }SNS; and hereby gives assurance that it shall immediately take ineasures necessary to implement this Program Attachment. Contractor shall compile data, maintain records and submit reports, as required, to permit effective, enforcement of the nondiscrimination laws-and permit authorized USDA and State of Texas personnel, during normal working hours, to review such records, books, and accounts as needed to ascertain compliance with the nondiscrimination latus. The Department of Agriculture, food and Nutrition Service (USDA), has the right to seek judicial enforcement if Contractor violates any nondiscrimination laws. This Assurance is binding on Contractor, its successors, transferees, and assignees, as long as they receive assistance or retain possession of any assistance from the Department of Agriculture. The person or persons whose signatures appear ori the Core Contract are authorized to sign this Assurance on behalf of Contractor. Contractor shall comply with all of the requirements of the current WIC Policy and Procedures Manual and Program rules as well as state and federal laws and amendments governing or regulating the WIC Program, A copy of the current WIC Policy and Procedures Manual has been made available to Contractor. The WIC Policy and Procedures Manual,and all revisions made to the WIC Policy and Procedures Manual are incorporated into this Agreement by reference. Contractor has a duty to remain familiar with the contents within the WIC Policy and Procedure's Manual. Contractor is responsible for ensuring.that employees or agents acting on behalf of Contractor comply with all of the requirements of the WIC Policy and Procedures Manual, Program rules and all state and federal laws and amendments governing and regulating the WIC Program, General Provisions, Paynnent Methods and Restrictions Article IV, Section 4,01, Payment Methods,is hereby modified to include the following paragraphs: The participant caseload will be assigned by DSHS by giving written notice" to Contractor. The participant caseload is subject to change upon writteir notice to Contractor from DSHS with Contractor's concurrence. Contractor assumes liability for all food costs resulting from Contractor exceeding its assigned caseload. The number of individuals served in excess of assigned caseload are not to be included in the calculation of earned administrative funds as described below. DSHS will reimburse Contractor for administrative costs incurred when determining eligibility, providing appropriate nutrition education and counseling, issuing food instruments, malting participant referrals, vendor evaluation, outreach, start-up costs and general administrative support. Administrative costs will be reimbursed based on actual costs, but not to exceed tile, "maximum reimbursement" set out below, based upon the sang of the participants who actually receive food instruments each month plus infants who do not receive any food PROGRAM ATTACHMENT—Page 6 instruments whose breastfeeding mothers were participants to the extent that tine total so derived does not exceed Contractor's total assigned caseload within any given month. Surplus funds (the amount by which maximum roimbur.sements exceed actual costs) call be accumulated and carried forward within the Program Attachment term. Surplus encumbered by September 30 shall be, billed and vouchers received by DSHS no later than sixty(60)calendar days following tile,term of the Program Attachment. PARTICIPANTS SERVED PER MONTH MAXIMUM REIMBURSEMENT: During the term of the Program Attachment, Contractor shall earn dudmirlish•ative funds at the rate of$12.34 for each participant served as defined above. DSHS may pay for additional goods or services as specified in this Attachment if provided by Contractor during the term of this Attachment(but not otherwise paid during the term of this Attachment) if it is in the best interest of DSHS to do so, and funds are available. The Contractor will be notified if a change in funding occurs and will have thirty (30) clays to provide written notice to the DSHS if it intends to tonninate this Program Attachment. Contractor agrees that; (1) Contractor shall identify and document separately not less than 19% of total administrative costs as expenditures directly related to nutrition education and counseling, Nutrition education and counseling expenditures shall be supported by documentation of participant attendance or non-attendance within tire DSHS WIC Program. (2) DSHS will reimburse Contractor for administrative oxpenses at a rate not greater than 5.26 trines the amount of properly documented expenditures for nutrition education and counseling, but not more than is earned based on actual participation not to exceed Contractor's assigned participant caseload, plus ally incentive funds allocated to Contractor by DSHS. (3) DSHS will limit(cap)reimbursement of Contractor's indirect costs at twenty(20) percent applied to Contractor's total direct salaries plus benefits reimbursed by DSHS. (4) DSHS will identify annually to Contractor an aniount of funds that shall be spent for breastfeeding promotion. The Allocation of breastfeeding funds to Contractor will be based on Contractor's proportional share of the statewide combined total of pregnant and breastfeeding participants as reported to DSHS WIC Program. (5) DSHS WICProgram also reserves the right to withhold a proportionate amount of earned administrative funds when evidence exists that nutrition education and/or PROGRAM ATTACHMENT—Page 7 a breastfeeding promotion is not being provided by Contractor, or Contractor is not complying with the provisions of USDA and/or DSHS directives. (G) DSHS reserves the eight to utilize a competitive offering for the award of any future contracts at the end of the term of this Program Attachment. (7) DSHS may amend or terminate this Program Attachment if available funds become reduced, depleted, or unavailable during the term of the Program Attachment to the extent that the WIC Program, is unable to provide administrative funding at the rate(s) stated in this Program Attachment. DSHS will provide written notification to Contractor of such fact. (8) DSHS may pay for additional services as specified in this Program Attachment if provided by Contractor during the teem of this Program Attachment (but not otherwise paid during the term of this Program Attachment) if it is in the best interest of DSHS and DSHS WIC Program to do so. If Contractor exceeds the amount of earned administrative funds as stated above, Contractor shall continue to bill DSHS for the services provided. If additional funds become available at a later date for the provision of these services, DSHS WIC Program may pay Contractor a sare of these funds. (9) DSHS may provide incentives to Contractor's Local WIC Agencies for Participants who are provided WIC services outside the normal traditional hours to the extent that federal funding is available. (10) During the term of this Program Attachment, DSHS may adjust the base reimbursement rate as defined in this Program Attachment if it is in the best interest of DSHS and the DSHS WIC Program and if administrative WIC Grant funds change, Contractor shall indicate separately on the face of the claim for reimbursement(State of Texas Purchase Voucher, Form P-13) the costs associated with nutrition education, breastfeeding, alt(]other administrative costs. General Provisions, Payment Methods and Restrictions Article IV, Section 4.02, Billing 80mission is amended to include the following; Contractors shall bill the Department in accordance with the Program Attachnient(s)in the form and format prescribed by DSHS. Unless otherwise specified in (lie Program Attachments) or permitted under flee Third Party Payors section of this Article, Contractor shall submit requests for reimbursement or payment monthly by the last business day of the month following the end of the month covered by the bill. Contractor shall maintain all documentation that substantiates billing submissions and make the documentation available to DSHS upon request, Contractor shall submit quarterly Financial Status Reports (FSRs) to DSHS by the last business day of the month following' the end of each quarter of the Program Attachment terin for Department review and financial assessment. Contractor shall submit the final PSR no later than sixty(60)calendar clays following the end of the applicable term. PROGRAM ATTACHMENT--Page 8 General Provisions, Payment Methods and Restrictions Article IV, Section 4.04, Worldrlg Capital Advance, is not applicable to this Program Attachment. However, Contractor will be allowed the option of receiving a two (2)month cash advance in accordance with WIC Program Policy and Procedures. General Provisions, Records Retentioli Article VIII, Section 8.01, Retention shall be replaced with the following: Recordkeeping regi rernenfs. Contractor shall maintain full and complete records concerning Program operations. Such records shall comply with 7 CPR Part 3016 and the following requirements: (1) Records shall include, blit not be limited to, information pertaining to financial operations, food delivery systems, food instrument issuance and redemption, equipment purchases and inventory, certification, nutrition education, civil rights and fair hearing procedures, (2) All records shall be retained for a minimum of three years following the date of submission of(lie final expenditure report for the period to which the report pertains. If any litigation, claim, negotiation, audit or other action involving tile, records has bee& started before the end of the(hree-year perlod,the records shall be kept until all issues are resolved, or until the end of the regular three-year period, whichever is lister. If USDA deems any of the WIC program records to be of historical interest,it may require DSHS or the Contractor to forward such records to, (he USDA whenever either entity is disposing of them. (3) Records for nonexpendable property acquired in whole or in part with WIC program funds shall be retained for three years after its final disposition. (4) All records shall be available during normal business hours for representatives of tile, USDA, DSHS and the Comptroller General of the United States to inspect, audit, and copy. Any reports or other documents resulting from the-examination of such records that are publicly released may not include confidential applicant or participant information. General Provisions, Notice Reciuirelnents Article X, Section 10.01, Child Abuse Reporting Requirement,is hereby amended to include tile,following: If Contractor chooses to interview a client to determine if an affirmative defense to prosecution exists, as defined by DSHS, which would allow thein tinder the DSHS policy to not make a report of child abuse, the Contractor shall conduct these interviews in the following rnamler: • For ineligible,clients, the interview shall be conducted after the entire WIC visit is done. For eligible clients, the interview may occur at tile, point in time when. all WIC activities, including communication of eligibility and individual counseling, are completed with tile,exception of food instrument issuance. • The interview shall be conducted only by a competent atithority or a supervisor and ill a confidential setting. PROGRAM ATTACHMENT—Page 9 • Prior to asking (lie client any questions, the interviewer shall inform the client that the questions have no bearing on the client's WIC eligibility and receipt of services. General Provisions, General Buslness Operations of Contactor Article Xll, Section 12.02, Management and Control Systems,Item a is not applicable to this program attachment;Item c is replaced with the following: C) effective internal and budgetary controls;deternunation of reasonableness, allowableness, and allocability of costs;timely and appropriate audits and resolution of ally fiildingS. General Provisions, General Business Operations of Contractor Article XII, Section 12.06, Overtime Compensation,is not applicable to this Program Attachment. General Provisions, General Business Operations of Contractor Article XII, the last three sentences of Section 12,20,Equipment,are not applicable to this Program Attachment, General Provisions, General Business Operations of Contractor Article X11, Section 12.23, Property Inventory and Protection of Assets, is amended to include the following: Contractor shall maintain an inventory of reportable capital assets placed in the custody of the Contractor by DSHS. Contractor shall conduct an annual inventory for each administrative and .clinic site and subinit to DSHS Property Management in a format and upon a delivery date designated by DSHS. Contractor shall adminis(er a program of maintenance, repair and protection of assets under this Contract so as to assure their full availability and usefulness. In the event Contractor is indemnified, reimbursed, or otherwise conipcnsated for any loss of, destruction of, or damage to the assess provided under (his Contract, it shall use-the proceeds to repair or replace said assets. General Provisions, General Busluess Operations of Contractor Article X11, Section 12.26, Property Acquisitions,is not applicable,to this Program Attachment. General Provisions, General Ternrs Article X111, Section 13.15, Amendment, is replaced with the following.- The Parties agree that the Department may unilaterally reduce funds pursuant to the terms of this Contract. Parties agree that this attachment may be amended during its terra by Letters of Amendment to reflect funds awarded for special projects and to more accurately align the total Not To Exceed amount with funds the contractor may earn by contract performance. All other amendments to this Contract must be in writing and agreed to by both Parties, except as otherwise specified in the Contractor's Notification of Change to Certain Contract Provisions section or the Contractor's Request for Revision to Certain Contract Provisions section of this Article, Contractor's request for certain budget revisions or other amendments must be submitted in writing,including a justification for the request,to the contract manager assigned to the Program Attachment; and if a budget revision or amendment is requested during the last quarter of Elie Contract or Program Attachment term, as applicable, Contractor's written justification must include a reason for the delay in making the request. Revision or other amendment requests pray be granted at the discretion of DSHS, Except as PROGRAM ATTACHMENT—Page 10 otherwise provided in this Article, Contractor shall not perform or produce, and DSHS will not pay for the perfornlance or production of, different or additional goods,services, work or products except pursuant to an amendntcrrt of this Contract that is executed in compliance with this section; and DSHS will not waive any tern, covenant, or condition of this Contract unless by amendment or otherwise in cornpliaErce with this Article. PROGRAM ATTACHMENT--Page 11 �C�TE 0 TEXAS DEPARTMENT OF STATE HEALTH SERVICES CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS GRANTSLOANS AND COOPERATIVE AGREEMENTS The undersigned certifies,to the best of his or her knowledge and belief that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or an employee of any agency, a mernber of Congress,an officer or employee of Congress,or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant,the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,amendment,or modification of any federal contract,grant,loan,or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress,or an employee of a member of Congress in connection with this federal.contract, grant. Ioan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants, loans and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not Iess that$10,000 and not more than$100,000 for each such failure. to re' Date Print Name of Authorized Individual 2014-045103 Application or Contract Number CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT(CITY) Organization Name CSCU#E1i29-12374-Revised 08.10.07 s AGENDA MEMORANDUM � µ First Reading Ordinance for the City Council Meeting of July 22, 2014 2852 Second Reading for the City Council Meeting of July 29, 2014 DATE: June 30, 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 portion of a utility easement out of Padre Island Number 1 CAPTION: Ordinance abandoning and vacating a 1,361-square foot portion of an existing utility easement out of a part of Lot 10A and Lot 12, Blk. 16, Padre Island Number 1, located west of the South Padre Island Drive (Park Road 22) state right-of-way, and north of the Encantada Avenue public right-of-way; and requiring the owner, Island Foundation, Inc., 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: Island Foundation, Inc. (Owner) is requesting the abandonment and vacation of a 1,361- square foot portion of an existing utility easement out of a part of Lot 10A and Lot 12, Blk. 16, Padre Island Number 1, located west of the South Padre Island Drive (Park Road 22) state right-of-way, and north of the Encantada Avenue public right-of-way. The abandonment and vacation of the utility easement is being requested by the Owner in conjunction with a re-plat combining all of the Owner's contiguous property. Staff recommends that payment of fair market value be waived in accordance with City Code of Ordinance Section 49-13. The Owner will be replatting said property and upon replatting will be dedicating a utility easement to off-set the requested abandonment. The owner has been advised of and concurs with the specified conditions of the Ordinance in regards to the easement dedication and the 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 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 ❑ 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 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 must dedicate new utility easements of equal or greater value than the property being released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Section 49-12, within 180 days of Council approval so that the requirement of paying fair market value for the property can be waived. 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 portion of an existing utility easement out of a part of Lot 10A and Lot 12, Blk. 16, Padre Island Number 1, located west of the South Padre Island Drive (Park Road 22) state right-of-way, and north of the Encantada Avenue public right-of-way; and requiring the owner, Island Foundation, Inc., to comply with the specified conditions. WHEREAS, Island Foundation, Inc. ("Owner") has requested the abandonment and vacation of a portion of an existing utility easement out of a part of Lot 10A and Lot 12, Blk. 16, Padre Island Number 1; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 1,361-square foot portion of an existing 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 Island Foundation, Inc., ("Owner"), a 1,361-square foot portion of an existing utility easement out of a part of Lot 10A and Lot 12, Blk. 16, Padre Island Number 1, located west of the South Padre Island Drive (Park Road 22) state right-of- way, and north of the Encantada Avenue public right-of-way, as recorded in Volume 13, Pages 1-8, and Volume 42, Pages 20-21 , 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 must dedicate new utility easements of equal or greater value than the property being released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Section 49-12, within 180 days of Council approval so that the requirement of paying fair market value for the property can be waived. 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 UK ENGINEERING Job No.38009.114.03 March 26,2014 Revised:May 30,2014 0.031 Acre Tract,Utility Easement Closure State of Texas County of Nueces FIELDNOTES for a 0.031 Acre Tract,Utility Easement Closure,more or less,over and across Lot 10A,Block 16,Padre Island Number 1,a map of which is recorded in Volume 13,Pages 1-8,Map Records of Nueces County,Texas and Lot 12,Block 16,Padre Island Number 1,a map of which is recorded in Volume 42,Pages 20-21,Map Records of Nueces County,Texas.;said 0.031 Acres,being more filly described by metes and bounds as follows: Commencing,at a 518 inch iron rod with cap(Hayden)found,the Intersection of Encantada Avenue and South Padre Island Drive,a public roadway,the South corner of a County Road closed in Volume 18, Page 232,and Volume 1591,Page 65,Commissioner's Court Minutes,Nueces County,Texas; Thence,North 65°28'01"West,with the Northeast line of the said Encantada Avenue,the Southwest line of the said Closed County Road, 114.02 feet,Thence,North 24°31'59"East,50.00 feet,to the Southwest line of said Lot 10A,for the Point of Beginning and Northwest corner of this easement; Thence,North 69°00'57"East, 145.66 feet,for the Northeast corner of this easement; ` Thence,South 22°30'52"West, 13.79 feet to the North line of the said Closed County Road,the South I line of the said Lot 12 and for the Southeast corner of this easement; r Thence,South 69100'57"West,with the North line of the said Closed County Road,the South line of l the said Lots l0A and 12, 126.35 feet,for the Southwest corner of this easement; I i Thence,North 65°28'01"West,the Northeast line of the said Closed County Road,the Southwest line of this said Lot 10A, 14.02 feet,to the Point of Beginning,containing 0.031 acres(1361 Square Feet)of land, more or less; Bearings based on GPS,NAD83,State Plane Coordinates,Texas South Zone 4205. Unless this fieldnote description,including preamble,seal and signature,appears in its entirety,in its original form,surveyor assumes no responsibility for its accuracy. { t Also reference accompanying sketch of tract described herein. i 9ft- 1IR13AN EJING OFT 1Q��1S T Eq�:r9J, i Dan L.Ur an, .L.S. DAN„LEE URBAN License No.4710 4710 lgho°.sss v ypQ UR S:'Surveying\38009\B403\OFFICE\METES AND B0LINDSIFN0.031AC=.docx Page 1 of I 4 (361)854-3101 2725 SWANTNER DR.•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE Firm#145.TBPLS Firm#10032400 EXHIBIT A Co c �s fiord° ) P°goy SPY9 as � o Min o o Co °. s Cay o N c 000t6e a Hawksnest �� U a — — Padre Bali Ea I s lest Cy °o o Park Ba a 1 Y a c o a r g� o /s/a 0 �� c o ° Co/°n C) <v O Desi ee N 0 o v C- ° 3 - � Site Co o L�� ° 4�Qn Corpus Christi, Texas IS) 4" Site Map UUIfIU cords 42' p °nd N l of N�9s. 2p 4�ber l A eoes Co n7tyM000 ecords 42 p/Ono' 72 Of 9s k) a NUeces2C 276er 7 CountyMT�X pool, (0 O Rec rds of eo% 73 7sl°nd oOe a 7�8"Iber cO°n MOp 1„ p° 'S 1 ' l 9 t, R ofd kos .OQ J� 0 ss cl� °7 I fiseds oP � g 6g'� � � °es 'ler. 9O7 7 76 S 0 oS�5� SA \ Co4nt C°-urp9. � \ � Tekt F / Q d0 N65��70-0� ue 4 Point of Commencement Sketch to Accompany �\ FIELDNOTES for a 0.031 Acre Tract, Utility Easement Closure, more or less, over and across Lot 10A, Block 16, Padre Island Number 1, a map of which is recorded in Volume 13, 75 Sp ffi 0 Sp Pages 1-8, Map Records of Nueces County, Texas and Lot 12, Block 16, Padre Island Number 1, a map of which is recorded in Volume 42, Pages 20-21, Map Records of �.�. Nueces County, Texas. Legend DATE: March 26. 2014 • Fd. 5/8" I.R. URBAN SCALE; r-w with cap (Hayden) ENGINEERING JOB NO.: 38009.84.03 O set 5/8" iron rod with WE NA aptat5�Er MW SHEET: 1 of 1 F cap stamped MW(ant 00-" FA!On)00-M DRAWN BY: RLG "Urban Engr C.C. Tx"' 02014 by Urban Engineering 1:1 EXHIBIT B Als C, AGENDA MEMORANDUM � µ First Reading Ordinance for the City Council Meeting of July 22, 2014 2852 Second Reading for the City Council Meeting of July 29, 2014 DATE: June 30, 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 portion of a utility easement out of Padre Island Number 1 CAPTION: Ordinance abandoning and vacating a 2,130-square foot portion of a 10-foot wide utility easement out of a part of Lots 7B, 8B, 9B, 10A, 10B, and 12, Blk. 16, Padre Island Number 1, located north of the Encantada Avenue public right-of-way, and east of the Palmira Avenue public right-of-way; and requiring the owner, Island Foundation, Inc., 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: Island Foundation, Inc. (Owner) is requesting the abandonment and vacation of a 2,130-square foot portion of a 10-foot wide utility easement out of a part of Lots 7B, 8B, 9B, 10A, 10B, and 12, Blk. 16, Padre Island Number 1, located north of the Encantada Avenue public right-of-way, and east of the Palmira Avenue public right-of-way. The abandonment and vacation of the utility easement is being requested by the Owner in conjunction with a re-plat combining all of the Owner's contiguous property. Staff recommends that payment of fair market value be waived in accordance with City Code of Ordinance Section 49-13. The Owner will be replatting said property and upon replatting will be dedicating a utility easement to off-set the requested abandonment. The owner has been advised of and concurs with the specified conditions of the Ordinance in regards to the easement dedication and the 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 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 ❑ 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 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 must dedicate new utility easements of equal or greater value than the property being released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Section 49-12, within 180 days of Council approval so that the requirement of paying fair market value for the property can be waived. 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 portion of a 10-foot wide utility easement out of a part of Lots 713, 813, 913, 10A, 10B, and 12, Blk. 16, Padre Island Number 1, located north of the Encantada Avenue public right-of-way, and east of the Palmira Avenue public right-of- way; and requiring the owner, Island Foundation, Inc., to comply with the specified conditions. WHEREAS, Island Foundation, Inc. ("Owner") has requested the abandonment and vacation of a portion of a 10-foot wide utility easement out of a part of Lots 713, 813, 913, 10A, 1013, and 12, Blk. 16, Padre Island Number 1; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 2,130-square foot portion of a 10-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 Island Foundation, Inc., ("Owner"), a 2,130-square foot portion of a 10-foot wide utility easement out of a part of Lots 713, 8137 9137 10A7 1013, and 127 Blk. 16, Padre Island Number 1, located north of the Encantada Avenue public right-of- way, and east of the Palmira Avenue public right-of-way, as recorded in Volume 13, Pages 1- 8, and Volume 42, Pages 20-21, 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 must dedicate new utility easements of equal or greater value than the property being released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Section 49-12, within 180 days of Council approval so that the requirement of paying fair market value for the property can be waived. 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 U RBAILN ENGINEERING Job No.38009.B4.03 March 26, 2014 0.049 Acre Tract,Utility Easement Closure State of Texas County of Nueces FIELDNOTES for a 0.049 Acre Tract,Utility Easement Closure,more or less,over and across Lots 7B,8B,9B, l OA and l OB,Block 16,Padre Island Number 1,a map of which is recorded in Volume 13,Pages 1-8,Map Records of Nueces County,Texas and Lot 12,Block 16,Padre Island Number 1,a map of which is recorded in Volume 42,Pages 20-21,Map Records of Nueces County,Texas.;said 0.049 Acres,being more fully described by metes and bounds as follows: Commencing,at a 518 inch iron rod with cap(Hayden)found,the Intersection of Encantada.Avenue and Palmira Avenue,a public roadway,the West comer of a County Road closed in Volume 18,Page 232,and Volume 1591,Page 65,Commissioner's Court Minutes,Nueces County,Texas; Thence,South 65028'01"East,with the Northeast line of the said Encantada Avenue,the Southwest line of the said Closed County Road, 145.00 feet,Thence,North 24°31'59"East,50.00 feet,to the Southwest line of said Lot l OB,for the Point of Beginning and Southwest comer of this easement; Thence,with a curve turning to the left with an arc length of 212.53 feet,with a radius of 2459.93 feet, with a chord bearing of North 22°03'28"East,with a chord length of 212.47 feet,for the North comer of this easement; Thence,South 70025'02"East,the Northeast line of the said Lot 7B and Lot 12,the Southwest line of Lots 6B and 6A,Padre Island Number 1,a map of which is recorded in Volume 13,Pages 1-8,Map Records of Nueces County,Texas, 10.00 feet,for the East comer of this easement; Thence,with a curve tummg to the right with an arc length of 213.40 feet,with a radius of 2469.93 feet,with a chord bearing of South 22°03'28"West,with a chord length of 213.33 feet,for the South corner of this easement; Thence,North 65°28'01"West,the Northeast line of the said Closed County Road,the Southwest line of this said Lots 10B and 10A, 10.00 feet,to the Point of Beginning,containing 0.049 acres(2130 Square Feet) of land,more or less; Bearings based on GPS,NAD83,State Plane Coordinates,Texas South Zone 4205. Unless this Seldnote description,including preamble,seal and signature,appears in its entirety,in its original form,surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract described herein. E .� o . tF ENG ,l, �Q: �isrEq'• 9 5;'Q� � f0••.� ................................ 774A DAN LEE URBAN RP.L.S. ................................. 4 710 License No.4710 S:\Surveymg\380098403\OFRCE\METES AND BOUND Page 1 of 1 (361)854-3101 2725 SWANTNER DR. .CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE Firm#145 a TBPLS Firm#10032400 EXHIBIT A Pogoy SPYg as . ° o Min o � o 0 G° tiles COY 0 v Gan Ho ksnest d v ° Padre Bali \ Eaq1 snest o o s- Park 60 Q i o a.. � o a. s E� o IsiO Cl) � �° \ n o COion Desi ee in o °o G o -o nc°n \ Q `�?�, Sit e Corpus Christi, Texas yso Foe l U U I l u Site Map 25.0, Cot 6e 4i l / of ` o t l �Ot 64Q /"J- a ^ y Cot 7�UE'� R=2459.93' / / Aa04*57'01" a T-1 06.33' 1 / R=2469.93' QQ a °ate L=212.53' / / T=106 76' ° � 1 CO 2S o, t 98 N jN CP Lot 12 N Cot / Padre Island Number 1 Lot 11 G� �e Vol. 42, Pgs. 20-21, Map Records of Nueces County, Texas o` p q 9. RO o!� 6SC32, oo, c�' f�f8ee U tPs N�r�S or (/a�d in 8 \ eces gone"fs91 of f8 ~ Cc s C p 3 t y o 9 40t �hCQn toe E '45 \ekos 0 ti 8 do la�F / 1001" Sketch to Accompany € FIELDNOTES for a 0.049 Acre Tract, Utility Easement Closure, more or less, over and across Lots 7B, 8B, 9B, 10A and 10B, Block 16, Padre Island Number 1, a map of which is 76 00 25 o 50 too recorded in Volume 13, Pages 1-8, Map Records of Nueces County, Texas and Lot 12, Block 16, Padre Island Number 1, a map of which is recorded in Volume 42, Pages 20-21, �• Map Records of Nueces County, Texas. DATE: March 26, 2014 • Fd. 5/8* I.R. URBAN SCALE: 1"=5o' with caopp (Hayden) ENGINEERING JOB NO.: 38009.84.03 O Set 5/8" iron rod with WFAWMLdor ss,AmwAWr SHUT: 1 Of 1 plastic cop stomped SHUT: ``YYhh��,,,, "Urbon En qr C.C.c.c. Tx" )3.dwtYr�a g11Aft- ng EXHIBIT B se Ako ''�OnwraaaIt 1852 AGENDA MEMORANDUM First Reading item for the City Council Meeting of July 22, 2014 Second Reading item for the City Council Meeting of July 29, 2014 DATE: July 1, 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 Navigation Boulevard from Up River Road to Leopard Street BOND 2012 CAPTION: Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 by adding capital reserves in the amounts of $1,425,000 from Storm Water CIP Fund 3494, $65,650 from Water CIP Fund 4088, $60,847 from Gas CIP Fund 4551, $1,661,514 from Wastewater CIP Fund 4249, transferring $555,557.73 from Street Project 170371 Holly Road from Greenwood to State Highway 286, $1,174,386.14 from Street Project E12102 Twigg from Shoreline to Broadway, $1,575,148.09 from Street Project E12103 Leopard from Crosstown to Palm to the Bond 2012 Street Project Navigation Boulevard from Up River Road to Leopard Street; increasing expenditures in the amount of$3,213,011; authorizing the City Manager or designee to execute a construction contract with Reytec Construction Resources, Inc. from Houston, Texas in the amount of $14,480,215 for Navigation Boulevard from Up River Road to Leopard Street for the Base Bid and Additive Alternate #3, to execute Amendment #1 to an Engineering Agreement with LNV, Inc. of Corpus Christi, Texas in the amount of $269,818 for a restated fee of $1,062,168, for Navigation Boulevard from Up River Road to Leopard Street for construction observation services, and to execute a Construction Materials Testing Contract with Rock Engineering of Corpus Christi, Texas in the amount of$62,044 for Navigation Boulevard from Up River Road to Leopard Street. (Bond 2012) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute the construction contract with Reytec Construction Resources, Inc. for Navigation Boulevard from Up River Road to Leopard Street (Bond 2012). The contract amendment with LNV, Inc. will provide a fee and task list for Construction Observation Services that was shown in the original contract as To Be Determined. Work under this amendment will include an average of 30 hours per week of periodic construction during the 542 day construction contract time and include various meetings, reports and other deliverables as listed in Amendment No. 1 Exhibit A. K:\ENGINEERING\LEGISTAR\7-JULY 22\NAVIGATION BLVD\AGENDA MEMO-NAVIGATION.DOCX The agreement with Rock Engineering will provide for laboratory testing of construction materials to include soils, base, concrete, hot-mix asphalt and pavement. BACKGROUND AND FINDINGS: This project proposes improvements that consist of continuously reinforced concrete pavement with concrete header curb, driveways, storm water drainage, water distribution, wastewater collection, gas line adjustments, backfill and removal, street lighting conduit, and ADA-complaint pedestrian facilities. Associated improvements such as pavement markings, signage, and traffic control/construction sequencing will also be included, as well as pedestrian poles for the intersections at IH-37 north frontage road, IH-37 south frontage road and signalization at Leopard Street. Additive Alternate #1 consists of installing two-inch diameter PVC pipe electrical conduit for future MIS improvements for the length of the project. Additive Alternate #2 consists of an early project completion in 452 days in lieu of the 542 days allotted in the base bid. Additive Alternate #3 consists of installing a 24-inch diameter wastewater effluent force main for the length of the project including gate valves, air release valve, boring and casings and fittings. Based on the information submitted and upon evaluating the funding and priority need for this project, Additive Alternate #3 is recommended for award in addition to the base bid. On May 20, 2014, the City received proposals from two (2) bidders and the bidders and their respective bids are as follows: Contractor Base Bid Additive Alternate Total #3 Reytec Construction Resources, Inc. $13,083,575.00 $1,396,640.00 $14,480,215.00 Houston, Texas Bay, LTD $17,093,711.05 $1,652,860.00 $18,746,571.05 Corpus Christi, Texas ALTERNATIVES: 1. Authorize execution of the construction contract. 2. Do not authorize execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: The City's consultant, LNV, Inc., conducted a bid analysis of the two (2) proposals submitted to the City. LNV, Inc. determined that the lowest bidder based on the Total Base Bid and Additive Alternate #3 is Reytec Construction Resources, Inc. of Houston, Texas. CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria and FY 2014-2015 Street Capital Improvement Planning (CIP) Budget. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department Utilities Department K:\ENGINEERING\LEGISTAR\7-JULY 22\NAVIGATION BLVD\AGENDA MEMO-NAVIGATION.DOCX FINANCIAL IMPACT: Fiscal Year Project to Date 2013-2014 Expenditures Current Year Future Years TOTALS (CIP only) Budget 718,400.00 $10,752,500.00 $0.00 $11,470,900.00 Ordinance 0.00 6,519,102.96 0.00 6,519,102.96 Encumbered / 718,400.00 0.00 0.00 718,400.00 Expended Amount This item 0.00 14,812,077.00 14,812,077.00 Future Anticipated Expenditures This 0.00 2,328,381.34 0.00 2,328,381.34 Project BALANCE $0.00 $131,144.62 $0.00 $131,144.62 Fund(s): Comments: Additional funding for this project will come from utility project savings and from three existing Bond 2012 projects that will not be constructed until a later date to the extent funding allows. RECOMMENDATION: City staff recommends that the construction contract be awarded to Reytec Construction Resources, Inc. of Houston, and Texas in the amount of $14,480,215.00 for the Navigation Boulevard from Up River Road to Leopard Street BOND 2012 for the Base Bid and Additive Alternate #3 and to execute Amendment No. 1 with LNV for $269,818.00 and to execute a Construction Materials Testing contract with Rock Engineering for $62,044.00. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation K:\ENGINEERING\LEGISTAR\7-JULY 22\NAVIGATION BLVD\AGENDA MEMO-NAVIGATION.DOCX ORDINANCE AMENDING THE FY 2014 CAPITAL IMPROVEMENT BUDGET ADOPTED BY ORDINANCE NO. 029916 BY ADDING CAPITAL RESERVES IN THE AMOUNTS OF $1,425,000 FROM STORM WATER CIP FUND 3494, $65,650 FROM WATER CIP FUND 4088, $60,847 FROM GAS CIP FUND 4551, $1,661,514 FROM WASTEWATER CIP FUND 4249, TRANSFERRING $555,557.73 FROM STREET PROJECT #170371 HOLLY ROAD FROM GREENWOOD TO STATE HIGHWAY 286, $1,174,386.14 FROM STREET PROJECT #E12102 TWIGG FROM SHORELINE TO BROADWAY, $1,575,148.09 FROM STREET PROJECT #E12103 LEOPARD FROM CROSSTOWN TO PALM TO THE BOND 2012 STREET PROJECT NAVIGATION BOULEVARD FROM UP RIVER ROAD TO LEOPARD STREET; INCREASING EXPENDITURES IN THE AMOUNT OF $3,213,011; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A CONSTRUCTION CONTRACT WITH REYTEC CONSTRUCTION RESOURCES, INC. FROM HOUSTON, TEXAS IN THE AMOUNT OF $14,480,215 FOR NAVIGATION BOULEVARD FROM UP RIVER ROAD TO LEOPARD STREET FOR THE BASE BID AND ADDITIVE ALTERNATE #3, TO EXECUTE AMENDMENT #1 TO AN ENGINEERING AGREEMENT WITH LNV, INC. OF CORPUS CHRISTI, TEXAS IN THE AMOUNT OF $269,818 FOR A RESTATED FEE OF $1,062,168, FOR NAVIGATION BOULEVARD FROM UP RIVER ROAD TO LEOPARD STREET FOR CONSTRUCTION OBSERVATION SERVICES, AND TO EXECUTE A CONSTRUCTION MATERIALS TESTING CONTRACT WITH ROCK ENGINEERING OF CORPUS CHRISTI, TEXAS IN THE AMOUNT OF $62,044 FOR NAVIGATION BOULEVARD FROM UP RIVER ROAD TO LEOPARD STREET. (BOND 2012) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 02996 is amended to add $1,425,000 in Storm Water Capital Improvement Program Reserves, $65,650 in Water Capital Improvement Program Reserves, $60,847 in Gas Capital Improvement Program Reserves, and $1,661,514 in Wastewater Capital Program Reserves to the Bond 2012 Street Improvement Project Navigation Boulevard from Up River Road to Leopard Street. SECTION 2. Budgeted funds in the amount of $555,557.73 from Project #170371 Holly Road from Greenwood to State Highway 286, $1,174,386.14 from Project #E12102 Twigg from Shoreline to Broadway, and $1,575,148.09 from Project #E12103 Leopard Street from Crosstown to Palm are transferred to the Bond 2012 Street Improvement Project Navigation Boulevard from Up River Road to Leopard Street. SECTION 3. The City Manager or designee is authorized to execute a Construction Contract for the Navigation Boulevard from Up River Road to Leopard Street Bond 2012 project for construction of the Base Bid and Additive Alternate #3 in the amount of $14,480,215 with Reytec Construction Resources of Houston, Texas. SECTION 4. The City Manager or designee is authorized to execute an Amendment to an Engineering Services Contract for the Navigation Boulevard from Up River Road to Leopard Street Bond 2012 project for construction observation services in the amount of $269,818 for a total re-stated fee of$1,062,168 with LNV, Inc. of Corpus Christi, Texas. SECTION 5. The City Manager or designee is authorized to execute a Construction Materials Testing Agreement for the Navigation Boulevard from Up River Road to Leopard Street Bond 2012 project for material testing during construction in the amount of $62,044 with Rock Engineering, Inc. of Corpus Christi, Texas. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor PROJECT BUDGET ESTIMATE Navigation Boulevard from Up River Road to Leopard Street BOND 2012 PROJECT FUNDS AVAILABLE: Bond 2012........................................................................................................ $4,000,000.00 Water CIP................................................................................. 390,000.00 Future Water CIP Request...................................................... 421,400.00 Current Wastewater CIP.............................................................. 330,000.00 Future Wastewater CIP Request................................................... 567,500.00 Current Storm Water CIP............................................................. 1,530,000.00 Future Storm Water CIP Request.................................................. 4,118,000.00 Gas CIP.................................................................................... 37,000.00 Future Gas CIP Request.............................................................. 77,000.00 Total Utilities...................................................................................................... 7,470,900.00 Ordinance................................................................................................ 6,519,102.96 Streets.................................................................................. 3,305,091.96 Strorm Water.......................................................................... 1,425,000.00 Water.................................................................................... 66,650.00 Wastewater............................................................................ 1,661,514.00 Gas...................................................................................... 60,847.00 TOTAL............................................................................................................. $17,990,002.96 FUNDS REQUIRED: Construction (Reytec)..................................................................................... 14,480,215.00 Streets.................................................................................. 4,825,288.50 Storm Water........................................................................... 6,514,341.00 Water.................................................................................... 778,643.50 Wastewater............................................................................ 2,215,698.00 Gas.................................................................................... 146,244.00 Contingencies (10%)........................................................................................... 1,448,021.50 Construction Inspection (LNV).......................................................................... 269,818.00 Land Acquisition (estimate).............................................................................. 225,000.00 Engineer Fees: Engineer(LNV, Inc.)*.......................................................................................... 792,350.00 Engineer(Gurley).............................................................................................. 12,498.75 Geotechnical Study&Testing (Rock Engineering).................................................... 24,000.00 Construction Materials Testing.......................................................................... 62,044.00 Reimbursements: Administration/Finance(Capital Programs/Capital Budget/Finance)........................................ 160,111.03 Engineering Services(Project Mgmt/Constr Mgmt/Construction Inspection)............................. 359,800.06 Misc. (Printing, Advertising, etc.)........................................................................... 25,000.00 TOTAL............................................................................................................ $17,858,858.34 ESTIMATED PROJECT BUDGET BALANCE......................................................... $131,144.62 *Engineering Contract approved by City Council on 1/29/13 by Motion M201312 r, is / r / ! I i % r l r / / / / 1 �'f f; ///� h /iA�liW{ l', ,, „%G/�///�/, �� r," , ,,.•„ l,�/ //�s„�” / ,, 1 ��f�Vl, 1'r'Nr/ Ni;' f l �,/�/rlJ� %/�%i//r% I ,r✓t/' ;%='r o, ,Nvi ,1 „r l, alNiooi jjr OKI J i iri„ poo r r�I� fll B �� l � H� , { ,� INo' PROJECT LOCATION Boar,(, � I / Yi �y Y� r. �I'dl 1 3 / l r �l� , ,WJ4'i 1// /lNi// r / l / l i r r r / „> 9�J/ �, ,. D, ,i s � 1, ae, �, %i9lJ�liu/��J,/l ,�✓/f�l%�;+ilv� �"�iYNUN>i�W!wl 'Il,` ''N�'� �@P' %� / '. - faill/ry�)� r Ir r r itlVl r % r, �y ,,,: ,v r � � sly ✓ ', � r 41 J � � rjo fjl ��, r l/rl%t IAio 74r N r l( f� f��%�- i, i '„ / G jr/ !r 4 ,/ t am LOCATION MAP PROJECT# E12090 NOT TO SCALE NA VI GA TION BLVD EXHIBIT B CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT UP RIVER ROAD TO LEOPARD STREET BOND 2012 NT OF CAPITAL PROGRAMS PAGE: 1 OF 1 OQ N y un a� � a O 0 o U 0 0 I u a CLL.4r 05- U v U bA � I IV:)) a� +' � a ct � ¢, '� Ucl) 1 u Tr/�✓rnnw✓ ���� , rrr r fl l/ t r 1 ✓1✓ '�J� l�� uj "✓ �� ,n% y y " • p �u /' r r rG r6 To-fl f i r �lA c � r 1,/1/ll��r � � � � �r�✓� ay✓ � o � dr l�. c J r v z U cu � O coCL co cuO a m 4D L. cuv � 0 C, 4D 16.4 5F— tt Q N � v m V cu � � U .O u m Lr)D .. cu v U 0 O4-1 •� Z O CL Wuo a� 4-A V a � 16.4 cu / a w, y (N' 01 r � 00 (D m O 000 00000 -1 O O 0) W O LO O O O h 0 0 o M O O (11 N 10 c0 O O c0 O V A OD V O O O O N O Lo 0) O V LO O 0) O N O c0 O M V O O 0) % O O 0) O O c0 0) LO N V N V w " O ha) c0 V (0 N 0) N (0 V LO M O V 10 W V V N N h Lo % to A ` 00 0 0 0 0 0 0 (0 0 0 0 0 0 0 0 0 0 (IW, 0 0 0 0 0 0 0 0 d) O O O O 10 O 10 O O 0 0 0 0 0 0 0 0 O O V h c0 m c0 V 0 0 0 0 0 0 0 0o O 10 V N m V 0) N N O V O 10 0 0 0 0 0 0 (0 10 c0 N M (0 (0 N 17 O O h O c0 h h LO LO (0 O L V 00 10 (0 M 0) N M (0 M M h O N (0 (0 (0 N h V M V M 10 10 : m V (0 c0 (D h N O V (o : V (0 N N O o O M N o Z o O G U � Q w m U Y o U W Q /1 W in N w U' o -o J Q : N d W d d N (6 : N F ~ Q O d U N O F N V Q --2 U U O U .� O �' w U 0 a N o n a 0 E U N 0 o ° z o : O LL N E (6 C N N (6 F N (6 N O N > N W o O (6 U O Q O N w 0 a L D L N 2 `o m m o)o�o 2 F F Ir o X65 � 5 � 5 m5 o -° i0i0 � � 0 � oi0c0 � � (� o o � � � � a� o �a� OVl �j 0- ED 0w0LL0LL 0 F w0 00 � www (� OwFw � r CITY OF CORPUS CHRISTI AMENDMENT NO. 1 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "City", and LNV, Inc. hereinafter called "Engineer", agree to the following amendments to the Contract for Engineering Services for Navigation Boulevard from Up River Road to Leoand Street (Project No., E12090) BOND 2012, as authorized and administratively amended by: Original Contract I January 29, 2013 Motion No. M2013-012 $,79 In the Original Contract, Exhibit "A", Section I. Scope of Services, Part B. Additional Services, Item No. 7. Construction Observation shall be amended as set forth in the attached AMD No. 1 Exhibit "A"'. In the Original Contract, Exhibit "A", Section 111. Fees, Summary of Fees shall be modified and is attached as AMD No. 1 Exhibit "A" for a fee not to exceed $269,818.00 (Two Hlundred Sixty Nine Thousand Ei-gh Hundred Eighteen Dollars Zero Cents), for a total restated fee not to exceed $1,062,168.00 One Killion Sixty Two Thousand One Hundred Sixty Eight Dollars and Zero Cents). Monthly invoice will be submitted in accordance with Exhibit "B". All other terms and conditions of the January 29, 20,13 contract between the City and Engineer, and of any amendments to that contract, which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI LNV, C, Natasha, Fudge, P. E. (Date) Dan S. Leyend r, P.E. (Date) Director rector of Capital Programs Presjdpi� 801ravigation Blvd, Suite 300 Corpus Christi, TX 78408 RE-WM ZE ,:D6, (361) 883-1984 Office -1986 Fax (3r1) 883-19861 VaUee Gray, P�E. Dir or of Stree Op rations APPROVED AS TO FORM Assistant City Attorney (Date) AMD. NO. I Par ge.l.of.2 KNENGINEERING IDATAEXCHANGESANGIEMISTREERE12090 NAVIGATION SLVD^UP RIVER TO LEOPARD BOND ISSUE 201ZAMD NO IM1AMD`IrDOC APPROVED Office of Management (Date) and Budget Project No. E12090 Fund Source No. 550950-3549-00000-E12090 Fund Name: Street CIP BOND 2012 Encumbrance No. ATTEST Rebecca Huerta, City Secretary AMD. NO. 1 Pa e2of2 KIENGINEERING DATAEXCHANGEWNGIEMRSTREE RE12090 NAVIGATION BLVD-UP RIVER TO LEOPARD BOND ISSUE 2012XAMD NO 11AMD1.DOC LNV Solations To ne YtsEon far Tomm orroo w anginose I anl+bm 1 Comm ora July 2,2014 Mr. Daniel Biles, P.E. Director of Engineering Services City of Corpus Christi P.O.Box 9277 Corpus Christi,TX 78469-8277 RE: Navigation Boulevard—Up River Rd.to Leopard St. (Bond 2012) City Project No. E12090 Contract Amendment No.1 (REVISED): Construction Observation Services Dear Mr. Biles: LNV is pleased to offer this proposal to amend our Contract for Professional Services for the above referenced project as described below. The fee for providing Construction Observation Services was shown In our original contract To Be Determined(TBD). SCOPE OF SERVICES Provide Construction Observation services during the 542-calendar day construction contract time period for the Base Bid scope of work,as follows: 1. Provide a Protect Representative(PR)to provide periodic construction observation during the construction contract time period. It is anticipated that the PR will expend approximately 30 hours per week on average. 2. Attendance at construction progress meetings with the Contractor. 3. PR to serve as the City's liaison with the Contractor. 4. Keep City advised of important project issues. 5. PR to coordinate with materials testing laboratory. 6. PR to review materials test reports. 7. PR to coordinate with franchise utility companies. 8. PR to coordinate with TxDOT regarding work in IH-37 right-of-way. 9. PR to prepare daily reports of Contractor's activities. 10.Prepare monthly status reports. 11.PR to take photographs as the work progresses and prepare project photo record. 12.Review Contractor's monthly pay estimates prior to submittal to the City. 13.PR to prepare list of items to be corrected prior to final Inspection. 14. PR to participate In TDLR Inspection with the HAS inspector. 15. PR to participate In the final walk-through inspection with the Contractor. i6. PR to observe whether all punchlist items from the final Inspection have been corrected. 17.PR to assist the City in closing out the project. NAVIGAMON BOULEVARD UP RIVER RD.TO LEOPARD ST. AMD.:N10. 1 EXHIB "A"Pa e f 2 WIIN Solutions Today w6 a Vision for Tomorrow engineers I architects i contractors FEES The lump sum fee for these Construction Observation Services is $269,818. Our manhour breakdown is shown on the attached spreadsheet. We appreciate the opportunity to provide these professional services to the City of Corpus Christi. Sincerely, LNV, Inc. TBPE No.F-366 Dennis L. Miller, P.E., CFM Sr. Project Manager cc: Natasha Fudge, P.E. James Harris, P.E. Lynda Sutherland attachment: Manhour Breakdown Spreadsheet NAVIGATION BOULEVARD UP RIVER 1`10.TO LEOPARD ST. AMD. NO. 1 EXHIBIT"A" Page 2,of 2] \ \ \ \ \ \ \ \ \ \ \ \ \ � y o 0 0 0 0 0 0 0 0 0 0 0 0 C d ti ti O L) 0 0 0 0 00 LO O M L CL 01 V � m m (a C I C C C O O O O O 00 c) O O O O O Q a QO O 00 w V O LO F- LO LO O C 6F} H d O O O O O 00 64 O O O O mQ Qm OR 00 O O O V O LO LO LO LO •� O 69. 69 64 6f3 i a C0 00C) 0000 0o000ccI- 0 000.aL0ED an C o �� � E � a c ti O CO to O O O O V p p O to (o w r M- m O 69 as o) cm O c) a) - co � T" O O N m m m T- M V Z X O C 4aN O N r M 64 !� H O w " m V 0 o OcN o300000) o) ooC) C) CD o� oo) aZz z° F d ._ LU 0 J a C = a x 0 0 0 0 0 c) O O O O Q Q a C) O C U Z ~ ~ V Q *+ r-- GO O CO 0 — 0 0 0 'IT Q Q LO r LO CO U %- e- (o O 6F3 O) O m m 0 0 0 0 i CO O O NM t- CO d ++ LO O NY O 0 0 O O O O N V- LO LO co O 61). N dM4 M V U a) U to N it N O y V (B y a) a) LL U_ N! m CO �, N O {i ww C:O .O N t it C O U a) N L ++ m (4 O a' C O rn (a Q LL O C Q �, co 0 0 E rna o v = E o Q $ E .� m :2 CL 0 o � -a � O N � m °� U � = m '�C o m a. QmwL) cn as aof0u0cn U) an E 0.1 T"B" of1 SURLIER NUMBER TO BE ASSiGNEA)i3Y-CrrV- PURCHASING DMSION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Clifis'd City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to +ide the following information. EveryUCSti011 must be answered. If the question is not app icable, answer with "NA". See reverse sije for Filing Requirements, Certifications and definitions. COMPANY NAME: LNV, INC. CORPUS STREET ADDRESS: 801 NAVIGATION,SUITE 300 CITY. CHRISTI ZIP: 78408 FIRM IS: L Corporation 2. Partnership 3. Sole Owner E] 4, Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this pa e or,attach separate sheet. 1. State the names of' each 'employee" of the City of' Corpus pa having ail "ownership interest"constituting 3% or more of the ownership in the above named "firm.' Name Department(if known) Job Title and City 2. State the names of each *'official"of the City of Corpus Christi having ail"ownership interest" constituting 3%or more ofthe ownership in the above named""firm." Narne 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 "fin-n." Name Board, Commission or Committee 4. State the names of each einployee or officer of a -consultant" for the City of Corpus Christi who worked oil any matter related to tile subjcct of this contract and has ail interest"co *tuting 3%or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS If 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 subsiaantial segment thereof,you shall disclose that fact in a signed writing to the City official,e►nplo ee or body that has been requested to act in the matter, unless the interest of the City o tial or employee in the matter is apparent. The disclosure shall also be made in a signed writing tiled with the City Secretary. ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of tile date of this statement, that have not knowingly withheld disclosure of any information requested; and that supplemental. statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying;Person: DAN S.LEYENDE ER, P.E. Title: PRESIDENT (Type or Pninfii Signature of Certifying Date: Date:. Person: DEFINITION 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 ail economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members off"the public in general or a substantial segment thereof. c. "Employee." Any person employed by tine City of Corpus Christi,Texas either oil a full or part-time basis, but not as ail independent contractor. d. ``Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with as product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stack company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. c. "Official." The Mayor, members of tiwe City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division. Heads, and Municipal Court Judges of the City of Corpus,Christi,"Texas. f '*Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a Br►n, 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 ae reeinents." 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. AGREEMENT for Construction Materials Testing and Engineering Services This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home-rule municipal corporation ("CITY"), acting through its duly authorized City Manager or designee ("City Engineer"), and ROCK ENGINEERING & TESTING LABORATORY INC., a Texas corporation or partnership ("LAB"), acting through its duly authorized representative who is Curtis A. Rock, Business Development Manager, which agree as follows: 1. DECLARATIONS: "CITY" desires to engage "LAB" to provide services in connection with City's project, described as follows: Navigation Boulevard from Up River Road to Leopard Street BOND 2012 (Project No. E12090) ("PROJECT"). 2. SCOPE OF WORK: "LAB" shall provide services to the PROJECT in accordance with the accompanying Scope of Services and Fee Schedule attached as "Exhibit A" and the Terms and Conditions to AGREEMENT attached as "Exhibit C". 3. FEE: The "CITY" agrees to pay the "LAB" for services provided in accordance with Exhibit "A", Scope of Services and Fee Schedule under this AGREEMENT, a total fee not to exceed $62,044.00 (Sixty Two Thousand Forty Four Dollars and Zero Cents). Monthly invoice will be submitted in accordance with Exhibit "D°. 4. INDEMNIFICATION AND HOLD HARMLESS: The Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees as more fully set forth in Exhibit "B". 5. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE. To the best of the City's knowledge, based upon currently available information, the only hazardous or toxic materials, as defined by the laws and regulations of the Federal government, the state, and city which exist at the PROJECT SITE are as follows: None. CITY OF CORPUS CHRISTI ROCK ENGINEERING &TESTING LABORATORY C � -7- 7 - 1y Natasha Fudge, P.E. (Date) Curtis A. Rock (Date) Acting Director of Capital Programs Business Development Manager 6817 Leopard Street Corpus Christi, TX 78409 (361) 883-4555 Office REC MEZNE D (361) 883-4711 Fax Val Gray, P. (Dat ) Dire r of Street pe ations KIENGINEERING DATAEXCHANGE%ANGIEMISTREE RE12090 NAVIGATION BLVD-UP RIVER TO LEOPARD BOND ISSUE 20121TESTING%ROCKDOC APPROVED Project No. E12090 Fund Source No. 550920-3549-00000-E12090 Fund Name: Street CIP BOND 2012 Office of Management (Date) Encumbrance No. and Budget APPROVED AS TO FORM Legal Department (Date) ATTEST Rebecca Huerta, City Secretary (Date) K%ENGINEERING DATAEXCHANGE%ANGIEM%STREE RE12090 NAVIGATION BLVD-UP RIVER TO LEOPARD BOND ISSUE 20121TESTING%ROCKDOC GEOTECHNICAL ENGINEERING �� Fs CONSTRUCTION MATERIALS ENGINEERING &TESTING 4eo SOILS•ASPHALT•CONCRETE 9yro9y `�o� May 30, 2014 City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78401 Attention: Ms. Natasha Fudge, P.E. —Director of Engineering Services SUBJECT: ESTIMATED TESTING BUDGET FOR THE PROPOSED Navigation Boulevard—Up River Road to Leopard Street City Project No.: E12090 Corpus Christi, Texas RETL Proposal Number: P052714D Dear Ms. Fudge, Rock Engineering and Testing Laboratory, Inc. (RETL) (TBPE Firm No. 2101) is pleased to be selected to perform the required Construction Materials Testing for the above referenced project. The Estimated Construction Materials Testing Budget for this project is $62,044.00. We understand that we have been chosen to provide these services for this publicly funded project. Therefore, by providing cost information we are not in violation of the Texas Professional Services Procurement Act. The estimated construction materials testing budget is based on a review of the information provided to RETL. An estimated breakdown of field and laboratory testing required is included as an attachment. Please make note that the actual fees invoiced for this project will be based on the actual testing performed. The total fee assessed will be dependent on the contractor's construction techniques, number of trips made to the jobsite, elapsed time from technician arrival to commencement of testing activities, and any time the technician is required to be on-site but not performing testing activities. Please be advised that weekend Technician time will be invoiced portal to portal at an additional rate of$31.00 per hour. RETL appreciates your consideration of our firm to assist you during the construction phase of your project. If you agree with this proposal, please sign the attached Laboratory Testing Services Agreement, submit the Distribution List and provide billing information. Please do not hesitate to contact me at(361) 883-4555 extension 15 if you have any questions regarding the proposal or would like to discuss further. Sincerely, Sandra Kirk Project Estimator ROCK ENGINEERING&TESTING LABORATORY,INC. 6817 LEOPARD STREET•CORPUS CHRISTI,TEXAS,78409 MPage " OFFICE: (361)883-4555•FAX: (361)883-4711 •www.rocktesting.com 2 Date: May 30,2014 Project: Navigation Boulevard-Up River Road to Leopard Street(Bond 2012) Proposal No: P052714D Contact: Ms.Natasha Fudge,P.E.-Director of Engineering Services Client: City of Corpus Christi Test Quantity Test Unit Unit Fee Fee SOILS TESTING Standard Proctor-Trench Backfill(Per Material Source) 1 EA. $215.00 $215.00 Standard Proctor-Subgrade(Per Street) 1 EA. $215.00 $215.00 Densities-Subgrade-Trench Backfill-(Per 200 LF Trench/Lift) 277 EA. $44.00 $12,188.00 Densities-Subgrade(Street)-(Per 310 SY) 101 EA. $44.00 $4,444.00 Densities-Subgrade(Driveways)-(Per 2 Driveways) 27 EA. $44.00 $1,188.00 Densities-Subgrade(Sidewalks)-(Per 5000 SF) 7 EA. $44.00 $308.00 FLEX BASE: Sieve Analysis-(Per 3000 CY) 2 EA. $94.00 $188.00 Atterberg Limits-(Per 3000 CY) 2 EA. $94.00 $188.00 Modified Proctor-(Per 3000 CY) 2 EA. $253.00 $506.00 LA.Abrasion-(Per 3000 CY) 2 EA. $321.00 $642.00 CBR(Standard)-(Per Material Source) 1 EA. $743.00 $743.00 Densities of Compacted Base-(Per 310 SY/Lift) 101 EA. $44.00 $4,444.00 Wet Ball Mill Test-(Per Material Source) 1 EA. $321.00 $321.00 HOT-MIX ASPHALT CONCRETE(HMAC); Asphalt Full Series-(Per 500 Tons or Day) 7 EA. $743.00 $5,201.00 Asphalt Core In-Place Density(Per 1000 LF Street) 2 EA. $99.00 $198.00 CONCRETE: (1 @ 7 days,1 @ 14 dys&3 @ 28 days) Header Curb-(Per 500 LF Curb) 18 Set of 5 $220.00 $3,960.00 Sidewalks&Curb Ramps-(Per 4000 SF) 9 Set of 5 $220.00 $1,980.00 Driveways-(Per 2500 SF) 10 Set of 5 $220.00 $2,200.00 Curb,Post,&Grate Inlets-(Per 6 Each) 6 Set of 5 $220.00 $1,320.00 Box Culverts(Cast-In-Place)-(Per 100 LF) 1 Set of 5 $220.00 $220.00 Storm Sewer Manholes(Cast-In-Place)-(Per 2 Each) 10 Set of 5 $220.00 $2,200.00 RipRap,Aprons&S.E.T.s-(Per 4000 SF) 1 Set of 5 $220.00 $220.00 Manhole Base/Footing-(Per 10 Each) 2 Set of 5 $220.00 $440.00 RIGID PAVEMENT: (1 Q 7 days&3 @ 28 days) Flexural Beam Strength(Includes Slump)-(Per 2500 SY or Day) 12 Set of 4 $232.00 $2,784.00 Air Content-(Per 2500 SY or Day) 12 Set of 4 $15.00 $180.00 CYLINDER PICK-UP FEES Number of Trips 28 EA. $43.00 $1,204.00 MATERIAL SAMPLING FEES 6 EA. $57.00 $342.00 Number of Trips VEHICLE CHARGE PER TRIP 184 EA. $45.00 $8,280.00 Location:Corpus Chrisli,Texas ADMINISTRATION FEE (1 Time Fee Per Project) 1 EA_ $85.00 $85.00 SUBTOTAL $56,404.00 10%CONTINGENCY $5,640.00 GRAND TOTAL $62,044.00 This is only an estimate. Please make a note tht the actual fees Invoiced fro this project will be based on the actual tasting performed. The total fee assessed will be dependent on the contractors construction techniques,number of trips made to the Jobslte,elapsed time from technician arrival to commencement of testing activities,and any time the technician Is required to be on. site but not performing testing activities. 1 of 1 EXHIBIT'W' Page 2 of 2 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. Independent Contractors AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired— Non-owned vehicles PROFESSIONAL LIABILITY including: $1,000,000 per claim / $2,000,000 Coverage provided shall cover all aggregate employees, officers, directors and agents (Defense costs not included in face value 1. Errors and Omissions of the policy) If claims made policy, 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 M "3 C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10)ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A-VII. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 Fax: (361) 826-4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: L Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. EXHIBIT"B" Page 2 of 3 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. M "3 TERMS AND CONDITIONS TO AGREEMENT ARTICLE 1. SERVICES: "LAB"will: 1.1 Provide only those services requested by "CITY ENGINEER" that, in the opinion of "LAB", lie within the technical or professional areas of expertise of "LAB" and which "LAB" is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable, and other standards designated in writing by the "CITY ENGINEER." 1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services performed indicating, where applicable, compliance with the PROJECT specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained, and parts of the structure of THE PROJECT area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the "CITY ENGINEER", or his authorized representative, documentation of such calibration. Secure representative samples of those materials that the City's Contractor proposes to use which require testing, together with relevant data concerning such materials including the point of origin and supplier. 1.5 Consider reports to be confidential, and distribute reports only to those persons, organizations or agencies specifically designated in writing by the"CITY ENGINEER". 1.6 Retain records relating to services performed for "CITY" for a period of two years following submission of any reports, during which period the records will be made available to the"CITY"at all reasonable times. 1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes, and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or authorized representative will: 2.1 Provide "LAB" with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by"LAB". 2.2 Issue authorization in writing giving "LAB" free access to THE PROJECT site, and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the "CITY's" representative with respect to "LAB'S" services to be performed under this AGREEMENT and which must be promptly notified by "LAB" when it appears that materials tested or inspected are in non- compliance. Only the "CITY ENGINEER" or his designated representative have authority to transmit instructions, receive information and data, interpret and define the CITY's policies and decisions with respect to THE PROJECT. "LAB" acknowledges that certain "CITY" representatives may have different types of authority concerning THE PROJECT. 2.4 Advise"LAB" sufficiently in advance of any operations so as to allow for assignment of personnel by"LAB"for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties. 2.5 Direct THE PROJECT contractor, either by the Construction Contract or direct written order to: EXHIBIT Page 1 of 3 (a) Stop work at the appropriate times for"LAB"to perform contracted services; (b) Furnish such labor and all facilities needed by "LAB" to obtain and handle samples at THE PROJECT and to facilitate the specified inspection and tests; (c) Provide and maintain for use of"LAB" adequate space at THE PROJECT for safe storage and proper curing of test specimens which must remain on THE PROJECT site prior to, during, and up to 60 days after testing. ARTICLE 3. GENERAL CONDITIONS 3.1 "LAB", by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to THE PROJECT which, by custom or contract, are vested in THE PROJECT architects, design engineers, or any other design agencies or authorities. 3.2 "LAB" is not authorized to supervise, alter, relax, enlarge or release any requirement of THE PROJECT specifications or other contract documents nor to approve or accept any portion of the work. "LAB" does not have the right of rejection or the right to stop the work. "CITY ENGINEER" will direct THE PROJECT contractor to stop work at appropriate times for "LAB" to conduct the sampling, testing, or inspection of operations covered by the AGREEMENT. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 "CITY" and "LAB" agree that"LAB"will be on-site to perform inspections for contracted services. The "CITY" and "LAB" also agree that "LAB" will not assume responsibility for PROJECT Contractor's means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by "LAB" will not relieve the PROJECT Contractor of his responsibilities for performing the work in accordance with THE PROJECT plans and specifications. For the purposes of this AGREEMENT, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by "LAB" as specified in the AGREEMENT. Continuous monitoring by"LAB"or its subcontractors does not mean that"LAB"is approving placement of materials. Inspection is not and should not be construed to be a warranty by"LAB"to the"CITY"or any other party. 4.2 Samples collected or tested by "LAB" remain the property of the "CITY" while in the custody of the "LAB". "LAB" will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, "LAB" will dispose of non- hazardous samples, and return hazardous, acutely toxic, or radioactive samples and samples containers and residues to "CITY". "CITY" agrees to accept such samples and samples containers. ARTICLE 5. STANDARD OF CARE AND WARRANTY Services performed by "LAB" will be conducted in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the profession currently practicing under similar conditions in the same locality. No other warranty either expressed or implied is made or intended by the AGREEMENT or any reports. "LAB"will not be responsible for the interpretation or use by others of data developed by"LAB". ARTICLE 6. SAFETY "CITY" and "LAB" agree that, in accordance with the generally accepted construction practice, the PROJECT'S general contractor will be solely and completely responsible for working conditions on THE PROJECT, including safety of all persons and property during the performance of the work, and for compliance with all municipal, state, and federal laws, rules and regulations, including OSHA. The duty of "LAB"in providing services is not, therefore, to include any review of, or responsibility for, the adequacy of the PROJECT'S general contractors safety measures in, on, or near THE PROJECT site. EXHIBIT Page 2 ARTICLE 7. INVOICES AND PAYMENT "LAB" will submit progress invoices to "CITY ENGINEER" monthly and final invoice upon completion of services. Each invoice is due and payable by"CITY"within 30 days of receipt and approval to pay by the City Engineer. ARTICLE 8. EXTENT OF AGREEMENT 8.1 This AGREEMENT, including Exhibit "A" and these terms and conditions, represents the entire AGREEMENT between "CITY" and "LAB" and supersedes all prior negotiation, representations or agreements, written or oral. This AGREEMENT may be amended only by a written instrument signed by duly authorized representative of "CITY" and "LAB". If any conflict occurs between these terms and conditions and this AGREEMENT, these terms and conditions are controlling. 8.2 In the event that any one or more of the provisions contained in this AGREEMENT are for any reason held invalid, illegal or unenforceable in any respect, the remaining terms will be in full effect and this AGREEMENT will be construed as if the invalid or unenforceable matters were never included in this AGREEMENT. No waiver of any default will be a waiver of any future default. 8.3 Neither party will assign this AGREEMENT without the express written approval of the other, but "LAB" may subcontract laboratory procedures as "LAB"deems necessary to meet the obligations of this AGREEMENT. EXHIBIT"C" Page 3 of 3 0 0 0 0 0 0 0 0 0 0 0 0 0 f� ti O LO 0 0 0 0 0 0 cn o M V � d E a V ca ca cu ca c I ClClc 00000000 6,: o, oopoc� 000 D o ul L m L a O >>> C14 C%j � = 4$ 0 0 0 0 0 00 0� O O O O pm Qm o� 0 0 0 O c+ O LO Ln LO LO > > 6c.� 6c). 6c.� 6ck c IL — � ocaO0000 Ocfl0000pp00 000 o v o � 00 m � � E >> a = LU00 o to o r O G r O Q Q LA r �! to +r r r cC 0 fA r O! m m CD 0 0 0 N r M N M 0000 z d� O di da !A f!} IA U U UJ N �+ O - NoDo00000 O0000Opp00 O0oo0 OC Z Z v 0 m m H2 .> a Luo E Q a. a — r0� Doo00 0000oppoq o) ool V Z m m .a Q .r r• CO o CO o 0 O — 0 v p p V LO m V- co O tiH (n rn m m a) o W 0 ` r CO V- T- O O N ch r Mlqt ++r. Ln o O 4$7 � r � O G O Go O 619. (V N dM3 In ch U N a) U_ co N � M (n N u- C� c4 0) LL U M t CO .Z to O LL N CD a. vii u�i C .N co t Z O .v O s m Mrn a c a� Q Z LL v E rn LCD o .2 c�a S c a }, E CO o O a) Q p o E ,I E aa) a ami o � V `a) M rn CO 4)CL °� U US m o m apmw0v) 40- 3 _= acc0coU) mmQi— EXHIBIT"D" Page 1 of 1 Bk T�YC)kiiPk Pt NUMBER "rASSIC,P�B r)iatT)—._.. PURCHASING DIVISK)N Cityy of CITY OF CORPUS CHRISTI C DISCLOSURE F '�NT �'T City of Corpus Christi Ordinance 17112, as amended. requires all persons or firms seeking to do business with the City to rovide the following inlornaation. dfy, ue tion-niusl,.1 r�ir t iil % t tl irts� f'; a lao l ,.taatsw er iib `" '"'".�See reverse sa e for Filings Regtkrrernents, Certifications and definitions. COMPANY NAME: Dock Engineering, & Testing Laboratory, Inc. P.C.I. BOX: STREET ADDRESS: 6817 Leopard Street CITY: Corpus Christi ZIP: 78409 FIRM IS: 1. Corporation X ?. Partnership 3. Serle Owner ❑ 4. Association ❑ 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this paaae or attach separate sheet. �,I.1State the names of each "employee" of the City of Corpus C risti having an -ownership interest"constituting.)3%or more at the ownership in tlae above nan ed "firm.' gray Job'Gide and City Department(if known) . State the names of each "official" of tlae City of Corpus Christi having,an `"ownership interest" constituting;3%or more of the ownership in tine above narned "firm.'" lean e Title % ` ,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." me Board„ ommission or C"ogunitta;e 4. State the names of each employee or officer of a "consultant" for the City of Corpars Christi who worked ora any matter related to the suaject of this contract and has an `ownership interest"constituting;3'%or more of the ownership in the above named"firm." Naine 4& Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is gaparent. The disclosure shall also be nnade in a signed writing filed with the City Secretary. ihics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of` any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Curtis A. Dock. Title Business Development. Manager a'rype or Pring SIT"agnatture FC,ert1f'in Dltti » "" is" n: DEFINITIONS a. "Board member." A member of any 'board, commission, or committee appointed by the City Council of the City of Corpus Christi,`I`exas. 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. "l=imn." 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 I-leads, and Municipal Court ;fudges of the City of Corpus Christi,Texas. f Ownership Interest," Legal or equitable interest, whether actually or constructively held„ in a firm, including when such interest is held through an agent, trust, estate, or holding. entity. "Constructively field" refers to holdings or control established through voting trusts, proxies,or special term's 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. mus 0 �A AGENDA MEMORANDUM „CURPOR 11a First Reading Ordinance for the City Council Meeting of July 22, 2014 2852 Second Reading Ordinance for the City Council Meeting of July 29, 2014 DATE: June 20, 2014 TO: Ronald L. Olson, City Manager THROUGH: Gustavo Gonzalez, P.E., ACM of Public Works & Utilities FROM: Mark Van Vleck, P.E., Executive Director of Utilities MarkVV@cctexas.com (361) 826-1874 Ordinance to extend Utility Rates CAPTION: Ordinance amending the City Code of Ordinances, Chapter 55, Utilities, to continue the current water, gas, and wastewater utility rates adopted by Ordinance 029917 through September 30, 2014, to coordinate with the extended fiscal year for FY 2013-2014, and changing the annual wastewater winter averaging usage to apply to wastewater service after August 31. PURPOSE: The purpose of the ordinance is to extend the rate through September 30, 2014. BACKGROUND AND FINDINGS: The current water, wastewater, and gas utility rates adopted by Ordinance 029917 are continued through September 30, 2014, to coordinate with the extended fiscal year for FY 2013- 2014; and that Chapter 55 of the City Code of Ordinances is amended to reflect continuation of the current water, wastewater, and gas utility rates through September 30, 2014. ALTERNATIVES: None. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-Emergency. DEPARTMENTAL CLEARANCES: Public Utilities Legal 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 Fund(s): Comments: RECOMMENDATION: It is recommended to update the ordinance to reflect continuation of the current water, wastewater and gas utility rates. LIST OF SUPPORTING DOCUMENTS: Ordinance to extend Utility Rates Ordinance amending the City Code of Ordinances, Chapter 55, Utilities, to continue the current water, gas, and wastewater utility rates adopted by Ordinance 029917 through September 30, 2014, to coordinate with the extended fiscal year for FY 2013-2014, and changing the annual wastewater winter averaging usage to apply to wastewater service after August 31. Section 1. That the current water, wastewater, and gas utility rates adopted by Ordinance 029917 are continued through September 30, 2014, to coordinate with the extended fiscal year for FY 2013-2014. Section 2. That Chapter 55 of the City Code of Ordinances, Section 55-50 is amended to continue the current water utility rates through September 30, 2014. The amendments to Section 55-50 are shown in redlined text on pages 1 through 14 of the attached Exhibit A. Section 3. That Chapter 55 of the City Code of Ordinances, Section 55-60 and Section 55-61, are amended to continue the current gas utility rates through September 30, 2014. The amendments to Sections 55-60 and 55-61 are shown in redlined text on pages 15 through 24 of the attached Exhibit A. Section 4. That Chapter 55 of the City Code of Ordinances, Section 55-100, is amended to continue the current wastewater utility rates through September 30, 2014. In addition, Section 55-100 is also amended to change the annual wastewater winter averaging usage to apply to wastewater service after August 31. The amendments to Section 55-100 are shown in redlined text on pages 25 through 28 of the attached Exhibit. Section 5. This ordinance takes effect upon date of final City Council approval. Section 6. 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 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor 1 EXHIBIT iCity Code of Ordinances Chapter Utilities ARTICLE HL WATER RATES IND CHARGES. (a) Base rates for water service. The rates for water service are as follows: (1) Monthly minimum charges. a. Metered treated water customers. 1. Inside city limits ("ICL"): Meter Size August 12013 to (Inches) .w w3 Sept..t tgt!p ,2014 Residential 5/8-3/a $ 8.89 Commercial 5/8-3/a 12.83 Residential and Commercial 1 19.25 1'/z 32.09 2 64.16 3 102.65 4 205.32 2 6 320.81 8 and larger 641.61 Large Volume Any size 16,676.00 Temporary construction 1 19.25 1'/z 32.00 2 64.16 2. Outside city limits ("OCL"): Meter Size August 1 2013 to (Inches) "44-y-4 Pt�[TIbet.30, 2014 Residential 5/8-3/a $ 10.67 Commercial 5/8-3/a 15.40 Residential and Commercial 3 1 23.10 1'/z 38.51 2 76.99 3 123.18 4 246.38 6 384.97 8 and larger 769.93 Large Volume Any size 27,825.00 Temporary construction 1 23.09 1'/z 38.51 2 76.99 b. Untreated water customers. August 1 2013 to y 4 2014 Minimum monthly service charge, water districts/ municipalities with raw water $398.09' supply contracts executed after January 1, 1997 Minimum monthly service charge for public agency for resale untreated water 242.45 without a raw water supply contract executed after January 1, 1997' Minimum monthly service charge, industrial 398.09 Minimum monthly service charge, domestic 13.26 Minimum annual service charge, domestic 132.69 Minimum monthly service charge, agricultural irrigation water service 198.90 Minimum monthly service charge, temporary construction water service 265.20 Minimum monthly service charge, temporary large volume industrial untreated water 1,530.00 customers obtaining water, which is under contract to the city, from a reservoir under the exclusive control of a river authority 'Minimum monthly charge for public agency for resale untreated water customer without a raw water supply contract executed after January 1,1997: If the charge based on the volume of water taken in a monthly billing period is less than$237.70,the customer shall be billed$237.70,unless a valid water supply contract between the customer and city that was executed prior to January 1,1997,provides for a minimum annual payment. If a valid water supply contract between the customer and city executed prior to August 1,2000,provides for a minimum annual payment,the customer shall pay the minimum annual payment under the contract. C. Blended water customers. August,1 2013 to V � -X 4!,j,q, Ag!t-! 0, 2014 Any size $27,825.00 (2) Monthly volume charges per 1,000 gallons. 5 a. Residential rate. 1. Inside city limits: August 1 2013 to duly- llrt re 0, 2014 First 2,000 Gallons Minimum* Next 4,000 Gallons $4.495 Next 4,000 Gallons 5.619 Next 5,000 Gallons 6.462 Next 15,000 Gallons 7.867 Next 20,000 Gallons 9.553 Next 50,000 Gallons 10.395 Over 100,000 Gallons 11.238 "Use the minimum charges in subsection(a)(1). 2. Outside city limits: August,1 2013 to � --34Seg7 a iY 0; 2014 First 2,000 Gallons Minimum* Next 4,000 Gallons $1.949 Next 4,000 Gallons 2.436 6 Next 5,000 Gallons 2.802 Next 15,000 Gallons 3.411 Next 20,000 Gallons 4.142 Next 50,000 Gallons 4.507 Over 100,000 Gallons 4.872 "Use the minimum charges in subsection(a)(1). b. Commercial rate. 1. Inside city limits: August 1 2013 to .5:',laui 0, 2014 First 2,000 Gallons Minimum* Over 2,000 Gallons $5.662 "Use the minimum charges in subsection(a)(1). 2. Outside city limits: August 1 2013 to yp,i � 0, 2014 First 2,000 Gallons Minimum* Over 2,000 Gallons $2.854 "Use the minimum charges in subsection(a)(1). C. Golf course and athletic field irrigation water inside city limits. August 1 ;2013 tD 7 y 34-S- t ttN-� 0,2014 First 2,000 Gallons Minimum* Over 2,000 Gallons $2.951 "Use the minimum charges in subsection(a)(1)for ICL customer. d. Residential irrigation water on separate meter. 1. Inside city limits: Meter Size August,I 2013 to (Inches) w 1 1 i lrr 0 wi 0 2014 First 2,000 Gallons Minimum* Next 15,000 Gallons $ 7.867 Next 20,000 Gallons 9.553 Next 50,000 Gallons 10.395 Over 87,000 Gallons 11.238 2. Outside city limits Meter Size Au ust';1, 2013 to (Inches) 01 �W0� R1§t,-j0 2014 First 2,000 Gallons Minimum* Next 15,000 Gallons $3.411 Next 20,000 Gallons 4.142 8 Next 50,000 Gallons 4.507 Over 87,000 Gallons 4.872 e. Resale treated water rates. 1. Treated water rates purchased for resale where the water is taken and metered at the site of treatment are hereby set as follows: August 'l 2013 to V-�gpt .�g i 0, 2014 First 2,000 Gallons Minimum* Over 2,000 Gallons $1.008 "Use the minimum charges in subsection(a)(1). 2. Treated water rates purchased for resale where the water is delivered to the resale entity through city facilities are hereby set as follows: August 1 2013 to y t i it l it u; 2014 First 2,000 Gallons Minimum* Over 2,000 Gallons $1.628 "Use the minimum charges in subsection(a)(1). f. Large volume treated water customers. A commercial treated water customer who agrees to pay for a minimum of ten million (10,000,000) gallons of treated water per month is considered a large volume treated water customer. Once a customer has elected to become a large volume treated water customer, the customer will be billed as a large volume treated water customer until the customer notifies the city and requests reclassification as a commercial customer in writing. However, a commercial customer may not elect to become a large volume treated water customer more than once in any twelve-month period. 1. Inside city limits: Au ust''l; 2013 to, t tWt!Ri :AL, 0> 2014 9 First 10,000,000 Gallons Minimum* Each Additional 1,000 Gallons $4.067 "Use the minimum charges in subsection(a)(1). 2. Outside city limits: Au ust''l; 2013 to, 1Wul 0>2014 First 10,000,000 Gallons Minimum* Each Additional 1,000 Gallons $1.628 "Use the minimum charges in subsection(a)(1). g. Large volume blended water customers. A commercial blended water customer who agrees to purchase a minimum of ten million (10,000,000) gallons of blended water per month is considered a large volume blended water customer. 1. Inside city limits: August 1 2013 to 20,14 First 10,000,000 Gallons Minimum* Each Additional 1,000 Gallons $2.779 "Use the minimum charges in subsection(a)(1). 2. Outside city limits: August 120'13 to First 10,000,000 Gallons Minimum* 10 Each Additional 1,000 Gallons $0.069 "Use the minimum charges in subsection(a)(1). 3. Peaking factor. [To be determined.] h. Temporary water service. 1. Treated water. A. Inside city limits: August 1 2013 to J�Ay-34�r 0, 2014 First 2,000 Gallons Minimum* Over 2,000 Gallons $5.662 "Use the minimum charges in subsection(a)(1). B. Outside city limits: August 1 2013 to e wa-uu�,1i 0, 2014 First 2,000 Gallons Minimum* Over 2,000 Gallons $2.854 "Use the minimum charges in subsection(a)(1). 2. Untreated water. A. Inside city limits: August'l2013 to 1 gt gui 0, 2014 First 2,000 Gallons Minimum* Over 2,000 Gallons 2 x RWCA "Use the minimum charges in subsection(a)(1). 11 B. Outside city limits: August 1 2013 to .5:',l 10 0, 2014 First 2,000 Gallons Minimum* Over 2,000 Gallons 2 x RWCA "Use the minimum charges in subsection(a)(1). i. Agricultural irri ation water outside city limits. August 1 2013 to yO �it-� 0, 2014 First 2,000 Gallons Minimum* Over 2,000 Gallons 2 x RWCA "Use the minimum charges in subsection(a)(1). j. Public agency for resale untreated water rates. The rates for the purchase of untreated water purchased by a public agency, which does not have a raw water supply contract with the city executed after January 1, 1997, is the average of the monthly raw water cost adjustments, established under subsection (b) of this section, for the period used to determine the composite cost of untreated water under the city's current contract with the public agency. k. Temporary large volume industrial untreated water customers obtaining water, which is under contract to the city, from a reservoir under the exclusive control of a river authority. August 1 2013 to J e torr 2el00,2014 First acre foot or fraction thereof Minimum* Over acre foot $1,100.00 per acre foot or fraction thereof 12 "Use the minimum charges in subsection(a)(1). (b) Raw water cost adjustment(RWCA). In addition to the charges for the base rates for water service, established in subsection (a), a separate charge for the costs of raw water, the RWCA, will be added to each consumer's bill, except public agency for resale untreated water customers without a raw water supply contract executed after January 1, 1997. (A public agency for resale untreated water customer without a raw water supply contract executed after January 1, 1997, will pay the lower of the composite cost, as defined in its contract with the city or the rate for public agency for resale untreated water customers without a raw water supply contract executed after January 1, 1997, specified in subsection (a)(2)g. of this section.) The RWCA will be based on projected system-wide raw water sales, adjusted for water losses. The RWCA will be calculated on an annual basis using the adopted utility rate model, according to the following procedures: (1) Use projected system-wide water sales based on historical consumption and projected growth, with adjustments for water losses. (2) Include the annual budgeted cost of debt service. Bond payments, amortization of deferred losses on refundings, and other debt service costs shall be applied to the RWCA in the same proportion as the raw water activities proportion of the original bond proceeds. (3) Include budgeted expenditures for purchases of water. (4) Include purchases of water rights, amortized over the duration of the water right agreement. (5) Budgeted expenditures for capital items shall be included as follows: a. The expense of acquiring a capital item that costs not more than five hundred thousand dollars ($500,000.00) shall be charged in the year in which it is acquired. b. The expense of acquiring a capital item that costs more than five hundred thousand dollars ($500,000.00) shall be amortized over the number of years used to calculate depreciation expenses, with the half-year convention used in the year of acquisition. (6) All operating and maintenance expenditures shall be charged based on annual budgeted amounts. These expenditures include operation and maintenance of dams, reservoirs, pipelines, wells, pumping stations, and related interfund charges. (7) All expenses for consultants, engineering, legal services, and administration shall be charged based on annual budgeted amounts in the proportion to which they apply to raw water issues. (8) Expenses related to the acquisition and transportation of emergency water supplies shall be included in the RWCA for the following fiscal year, unless foreseen and budgeted in advance, in which case they are included in the year budgeted. (9) Miscellaneous revenues related to raw water activity, such as oil and gas lease revenues and rentals, is applied as an offset based on annual budgeted amounts. 13 (10) Apply the credit for levelized Choke Canyon debt payments to city rate payers' RWCA. (The escalating payment schedule on the Choke Canyon debt was levelized through the creation of a reserve fund. In the initial years, payments greater than the debt service were made, with the excess going into the reserve fund. This excess was paid through a rate surcharge on ICL and OCL metered treated water customers. Now that bond payments exceed the levelized payment amount, the reserve fund is drawn on to make up the difference. Since only ICL and OCL metered treated water customers participated in building the reserve fund, the drawing on the reserve fund is only credited to the RWCA assessed against ICL and OCL metered treated water customers.) (11) Include funds necessary to collect 1.35 times coverage on current annual debt service in order to improve the financial position and bond ratings of the city's water fund. (12) Include funds necessary to establish and maintain an operating reserve fund with a target amount of twenty-five (25) per cent (or three (3) months) of annual operating expenses for the fiscal year. (13) Include funds necessary to establish and operate a water capital reserve fund with a target amount of two (2) per cent of the respective annual water capital improvements program for the fiscal year or two million dollars ($2,000,000.00) (whichever is greater). (14) Include funds necessary to establish and maintain a future water resources reserve fund (Water Supply Development Reserve)with an ultimate target balance of thirty million dollars ($30,000,000.00), and an annual contribution of approximately two million dollars ($2,000,000.00) per fiscal year. Revenue from this Water Supply Development Reserve will be deposited into a fund set aside for this purpose. (15) The minimum operating or capital reserves amounts are intended to provide for unplanned, unbudgeted expenses and revenue shortfalls, and will not be used for routine expenses. (16) At fiscal year end, determine the amount of over or under collections that have resulted from difference between budgeted and actual expenses and offsetting revenues and the difference between projected and actual volume of water sold. Any funds realized in excess of annual expenses are available for either supplementing minimum operating or capital reserves, for addition to the capital funds for discretionary cash capital funding of the water utility, or to create and maintain a reserve to level out large fluctuations in raw water charges is authorized. Apply any remaining amount as an adjustment to the RWCA. (c) Definitions. Costs of raw water is the total of all costs of acquiring, producing, storing, conserving, and transporting untreated water from its source to the city's treatment facility and all other points of diversion. These costs include, but are not limited to, the costs of: 14 Construction, including debt service, operation, and maintenance of dams and reservoirs. Construction, including debt service, operation, and maintenance of raw water supply transmission pipelines. Construction, including debt service, operation, and maintenance of wells. Construction, including debt service, operation, and maintenance of facilities capable of converting wastewater effluent, salt water, and brackish ground water into water suitable for municipal, industrial, or agricultural uses. Acquisition of new water supplies and water rights, including the establishment and funding of a reserve dedicated to offset the costs of acquisition of additional water rights and the implementation of long range water resource development and related capital improvements. Construction, operation, and maintenance of facilities to reduce water losses from water resources due to evaporation or the release of water from a reservoir due to the operation of law. Acquisition and transportation of emergency water supplies, including the costs of transporting water by vessel or pipelines from other regions. Water supply development and protection, including consultants' studies and reports, investigations, legal fees, court costs, and any other costs related to the development or protection of the water supply. Administrative costs, including overhead and the portion of the city's general administrative costs applicable to the activities enumerated in this definition. (Old No 99477 8-2749691, Old No 11613, 8-8-19731, Old No 19208 1, 7, 8-749741, Old No 1414 §§ 1 ..3, 125-19781- Old No 16446 §§ 1 7 8-1249811, Old No 16593§ '1, '104449811, Old No 17166, §§ 1 ...3, 7 28-19821- Old No 17762, §§ 1 7 -3 999831, Old No 1835`1„ §§ '1, 2, 7. 4..19984,; Old No 18587 §§ 1, 7, '12449841, Old No 2041`1„ §§ 1 2, 72649881, Old No 2`100`1 § 1„ '10 949901, Old No 2`1438„ §§ 1 .,4, 72149921, Old No 21814„ § I( ) ...( ) 124449931, Old No 22741, § 1, 114249961, Old No 22832, § 1 128-19971, Ol d No 22879, § 9 3..2 -199997.; Old No 23706, § '1, 7 20.-1999999.; Old No 7799`10 § 1, 1 1120001, Old No 77177„ § 1, 7 25-20001, Old No 7457`1„ § la, 7 77 200 11, Old No 7499999 § 1, 7 23 20021, Old No 757899„ § 1, 7-7'7'-7'99997„ Old No 997589999, § '1, 7 27 20041, Old No 997997998, § '1, 7... 6.-799997; Old 9990. 9927999999, § 1 7 77-299997; Old 9990. 9927777„ § 1, 7 27 299997; Old 9990. 992777 1, § 1, 7... 27'299997 991 c9. No 9927277, § 1, 7 77-2999999; 991 c9. 999 . 9927777„ § 1, 7 799.-799 999; 991 c9. 999 . 029158, § 1, 7... ... 7'99999; 01d 97 . 997'99777, § 1 7-77-7'9997; 01d No 99299777, § 1, 7 31 20121, 01d No 9929999`97 § 1, 7..3 ... 7'99`9 7} 15 City Code of Ordinances Chapter 55 Utilities ARTICLE IV. GAS RATES AND CHARGES. Sec.. 55-6 . Definitions. The following terms as used in this article shall have the respective meanings ascribed to them: Cycle:A group of gas customers regularly billed together for their separate accounts by the city utilities division. Cycles are numbered from "1" up. Installed total energy:The total energy output at a metered location of all customer- owned or controlled electric-powered generation and gas-fired equipment. (9.9i d No 899883, § 1, 8-124970) Sec.. 55-61. Classification of customers and schedules of rates,. (a) Residential customers. (1) Inside city limits: a. Winter rates from November Cycle 11 through April Cycle 10 . Rale per MCF Monthty C6nsumpti6r; August 1, 2013—.44y-34512pt ti, 2614 Meter Charge $1.03 First 1 MCF (minimum bill) 9.70 Next 2 MCF 5.43 Next 3 MCF 3.14 Next 4 MCF 3.05 16 Next 20 MCF 2.96 Next 20 MCF 2.53 All over 50 MCF 2.10 Note: Rates do not include purchased gas adjustment and sales tax,where applicable. b. Summer rates from April Cycle 11 through November Cycle 10 . Rate per MCF Monthly Consumption August 1, 2014 Meter Charge $1.03 First 1 MCF (Minimum Bill) 9.70 Next 2 MCF 5.43 Next 3 MCF 3.14 Next 4 MCF 2.36 Next 20 MCF 1.58 Next 20 MCF 1.54 All over 50 MCF 1.40 Note: Rates do not include purchased gas adjustment and sales tax,where applicable. (2) Outside city limits: a. Winter rates (from November Cycle 11 through April Cycle 10). 17 Rale per MCF Monthly Consumptr'on August 1, 2013—.44y.34512p 2614 Meter Charge $1.28 First 1 MCF (minimum bill) 11.97 Next 2 MCF 6.08 Next 3 MCF 3.52 Next 4 MCF 3.42 Next 20 MCF 3.32 Next 20 MCF 2.83 All over 50 MCF 2.35 Note: Rates do not include purchased gas adjustment and sales tax,where applicable. b. Summer rates (from April Cycle 11 through November Cycle 10). Rate per MCF MonthlyCansumptr'on August 1, 2013— y f t p �. , 2014 Meter Charge $1.28 First 1 MCF (minimum bill) 11.97 18 Next 2 MCF 6.08 Next 3 MCF 3.52 Next 4 MCF 2.64 Next 20 MCF 1.77 Next 20 MCF 1.72 All over 50 MCF 1.57 Note: Rates do not include purchased gas adjustment and sales tax,where applicable. (b) General rate customers(commercial, industrial, and institutional rates): 1 Inside city limits: Rate per MCF Monthly Consumption August,1, 013— fi beil., , 2014 Meter Charge $12.32 First 1 MCF (minimum bill) 9.93 Next 2 MCF 5.43 Next 3 MCF 5.07 Next 4 MCF 4.98 Next 40 MCF 4.88 19 Next 50 MCF 2.10 Next 100 MCF 1.75 Next 100 MCF 1.54 Next 700 MCF 1.47 Next 1,000 MCF 1.27 Next 13,000 MCF 1.14 All over 15,000 MCF 1.09 Note: Rates do not include purchased gas adjustment and sales tax,where applicable. (2) Outside city limits: Rale per MCF on hly Consumption August,1, 013— fi t , 2014 Meter Charge $15.40 First 1 MCF (minimum bill) 12.24 Next 2 MCF 6.08 Next 3 MCF 5.68 Next 4 MCF 5.58 20 Next 40 MCF 5.47 Next 50 MCF 2.35 Next 100 MCF 1.96 Next 100 MCF 1.72 Next 700 MCF 1.65 Next 1,000 MCF 1.42 Next 13,000 MCF 1.28 All over 15,000 MCF 1.22 Note: Rates do not include purchased gas adjustment and sales tax,where applicable. (c) Seasonal customers (partial year service) rates. (All customers who have requested a cutoff and re-connection at the same location or for services to the same premises, including increases or reductions of the same premises, and which cutoff was not necessitated by reason of reconstruction of the building on the premises, shall be classified as seasonal customers, and in lieu of the rates applicable to residential customers, shall be charged and collected the following charge for gas furnished and delivered to the meters by the gas department of the city): (1) Inside city limits: Rale per MCF Monthty Consumption August f, 2013—.44y-34512pti, 2614 Meter Charge $ 1.03 First 1 MCF (minimum bill) 16.10 21 Next 2 MCF 14.54 Next 3 MCF 10.72 Next 4 MCF 6.91 Next 30 MCF 2.96 Next 20 MCF 2.53 All over 50 MCF 2.10 Note: Rates do not include purchased gas adjustment and sales tax,where applicable. 2 Outside city limits: Rate per MCF on hly Consumption August,1, 013— fi t , 2014 Meter Charge $ 1.28 First 1 MCF (minimum bill) 19.34 Next 2 MCF 16.28 Next 3 MCF 12.01 Next 4 MCF 7.74 Next 20 MCF 3.32 22 Next 20 MCF 2.83 All over 50 MCF 2.35 Note: Rates do not include purchased gas adjustment and sales tax,where applicable. (d) Incentive air cooling and conditioning rate customers rates. (Limited to customers using less than fifteen thousand (15,000) MCF per month annual average. All general rate customers that have installed total energy or have gas operated air cooling and air conditioning equipment, or both, and have an average used in MCF per month in the seven (7) summer months that exceeds the five (5)winter months in average use, when inspected and approved by the gas department, who request in writing to be billed in the summer months on the summer incentive gas rate schedule starting with Cycle 11 in April and ending with the billing Cycle 10 in November shall be billed on the following rate schedule): (1) Inside city limits: Rale per MCF Mon F ty Consumption August 1, 2013- f t; 2014 Meter Charge $12.32 First 1 MCF (minimum bill) 9.93 Next 2 MCF 5.43 Next 3 MCF 5.07 Next 4 MCF 4.40 Next 40 MCF 3.71 Next 150 MCF 1.58 23 Next 100 MCF 1.47 Next 700 MCF 1.27 Next 1,000 MCF 1.14 Next 13,000 MCF 1.09 All over 15,000 MCF 1.04 Note: Rates do not include purchased gas adjustment and sales tax,where applicable. (2) Outside city limits: Rate per MCF Monthly Consumption August 1 2013- ytitiY , 2014 Meter Charge $15.40 First 1 MCF (minimum bill) 12.24 Next 2 MCF 6.08 Next 3 MCF 5.68 Next 4 MCF 4.93 Next 40 MCF 4.16 Next 150 MCF 1.77 24 Next 100 MCF 1.65 Next 700 MCF 1.42 Next 1,000 MCF 1.28 Next 13,000 MCF 1.22 All over 15,000 MCF 1.16 Note: Rates do not include purchased gas adjustment and sales tax,where applicable. (e) Purchased gas adjustment. The rates in subsections (a), (b), (c), and (d) of this section are subject to gas cost adjustments as follows: Rates will be adjusted monthly by the city following the receipt of notice of the cost of gas from the supplier to pass on to the consumer the full amount of such cost adjusted for pressure base and gas loss and unaccounted-for factors. Additional fees and charges paid to the supplier, which are necessary for the city to receive the gas, shall be included in the cost of gas. All general rate customers, who consume over fifteen thousand (15,000) MCF in one (1) month, and who receive gas from the city's distribution system at the same pressure base at which the city receives the gas from its supplier(14.65 psi), shall be billed 2.05 per cent less per MCF for purchased gas adjustment than the general customer rate schedule. (f) Interruptions. Deliveries of gas to commercial or industrial customers may be interrupted or curtailed in case of shortage, or threatened shortage, of gas supply from any cause whatsoever, to conserve gas for residential and other human need customers served hereunder, according to all mandatory orders of governmental agencies having jurisdiction. (Code 1958, §§ -46, 38-471, Old No 8552, § 1 8-249671, Old No 99685, § 1 325-19701, Old No 99897 § 1, 624 Old No 99883„ §2, -1249970 Old No 11614, § '1, 8-8-19731, Old No 1`17 § 1„ '10. 4... 19731, Old No 1 1867, § 1 1.9 199741 Old No 1221 § 1 8.7..19974; Old No 15043, § '1, 8-8-19791, Old No 15701, §§ 1„ 7, -'17-19980; Old No 159 1, 7, 17 77..19980; Old No 16451„ § 1 8-1 19811, Old No 16582 § 1„ '10 7-1998 11, Old No 171 §§ '1 2 4, 7 28-19821, Old No 1776`1„ §§ 1 2 4, -3 19987; 01 No 189979, §§ 1, 2, 4 7 77-19985,; 01d No 71001„ § 1„ '10...99 1999901, 01d No 714799, § '1, 7 2.1992 Old No 21814, § 9(d), '1 2 14.`199993„" Old No 23706, § 1 7 X99...199999(" Old No 24132, § 1, ?..2 -20001, Old No 74571„ § I c, 7 77-79999 1„ Old No 749969 §4 7 23-20021, Old No 757996, §4 7-7'7'-7'99997„ Old No 777777„ §7, 7 27 77741, Old No 727777„ §7, 7 77 2777 Old 999 . 7279977 §7, 7 25-77771, Old 999 . 727777„ §3 7 24 20071, Old 999 . 72777 9„ §7 7 22 20081, Old 999 . 777777„ §3 7 28-20091, Old 999 . 777777„ § 1, 7 20 2017; 01 c9. No 029917, §7, 7 30- 713) 25 City Code of Ordinances Chapter 55 Utilities ARTICLE VIL WASTEWATER RATES.. Sec.. 55-100.. Schedule. (a) The monthly charge to be paid by users of sewer service furnished by the city's municipal sewer system, except as otherwise provided in articles VII and XI of chapter 55, shall be based on the amount of water used by the user according to the following rates: . . . . . . . . . . . . . . . . . . . ..... Cla' stftation August I 2013`to,,4�y11-,y .ptern,L M4, Inside city limits $ 25.96 One-family minimum monthly charge (first 2,000 gallons) Inside city limits 5.25 One-family per 1,000 gallons over 2,000 Inside city limits 146.71 One-family maximum monthly charge (up to 25,000 gallons) Outside city limits 32.45 One-family minimum monthly charge (first 2,000 gallons) Outside city limits 11.65 One-family per 1,000 gallons over 2,000 ................................................................................................................................................................................................................................................................................................................................................................................. Outside city limits 300.40 One-family maximum monthly charge (up to 25,000 gallons) ................................................................................................................................................................................................................................................................................................................................................................................. Inside city limits 35.37 Commercial minimum monthly charge (first 2,000 gallons) 26 Inside city limits 3.76 Commercial per 1,000 gallons over 2,000 Outside city limits 44.21 Commercial minimum monthly charge (first 2,000 gallons) Outside city limits 7.53 Commercial per 1,000 gallons over 2,000 (b) The amount of water used to compute the monthly bills to one-family residential customers shall be computed on the basis of the "winter average" or"interim average" that is calculated under this subsection. (1) Definitions. a. Winter averaging wastewater charge period: The period of water and wastewater service during the three (3) complete consecutive reading periods commencing on or after December 1 of each year. b. Winter average usage: The monthly wastewater usage established by the city during the "winter averaging wastewater charge period" based upon their average monthly water consumption during that period. C. Interim average:The monthly wastewater usage established by the city for individual customers who have not established a "winter average usage". The "interim average" is recalculated each year based on the total "winter average usage" of all customers subject to winter averaging divided by the number of winter averaging customers, and is be the basis for monthly billings until a "winter average usage" as defined in subsection (b)(1)b. of this section is established for the individual customer. d. Service area:The geographic region served by the city's wastewater system. (2) Winter average criteria. 27 a. The customer must receive wastewater service at one (1) location during the three (3) consecutive reading periods in order to establish a "winter average usage". b. "Winter average usage" charges shall apply to one-family residential customers only. C. The "winter average usage" shall be based on a customer's average water consumption for three (3) complete consecutive reading periods commencing with the customer's first reading period on or after December 1 of each year. d. The following method will be used to calculate a customer's "winter average usage": 1. Add the three (3)winter months'water consumption to get total water consumption. 2. Divide three-month usage amount by three (3)to get winter average usage. Such winter average usage shall be limited to a maximum of twenty-five thousand (25,000) gallons. e. Using the winter average usage, apply the applicable rates established in subsection (a) to calculate the customer's wastewater bill for each month until a new winter average usage is established or rates are changed. The adjusted rate that applies to service after A+Re.-94) gg� t 31 will reflect wastewater usage based on the previous "winter averaging wastewater charge period". f. New and relocating customers; adjustments: 1. Customers new to the service area, who have not established a "winter average", shall be billed at the "interim average" rate. 2. Customers who are relocating within the service area, who established a "winter average" at their previous address, shall be billed at the "interim average" rate or their"winter average" rate at the previous address, whichever is less. 3. Customers who are relocating within the service area, who have not established a "winter average" at their previous address, shall be billed at the "interim average" rate. 4. When a customer experiences a substantial increase in water or wastewater usage from hidden water leaks in the plumbing system during the winter average charge period, and if the customer can produce proof of repairs, the director of finance or the director's designee may adjust the wastewater bill. (3)Administrative change in rates. 28 a. The city manager shall annually, based upon the winter average wastewater usage determined during the winter averaging wastewater charge period, adjust the rate in the new fiscal year applied to each customer's winter average or interim average so that the adjusted rate will produce an amount equal to the budgeted revenues. b. In years in which preliminary winter average data is available to be used in the utility rate model for determining wastewater rates, the adopted wastewater rates will not be subject to an administrative change in rates unless the final winter average data is materially different than preliminary data. A difference of at least two (2) per cent shall be considered material. (c)The rates established in subsection (a) of this section are based upon water consumption for wastewater service customers with wastewater characteristics of five hundred sixty-two (562) parts per million or less by weight of chemical oxygen demand index, two hundred fifty (250) parts per million or less by weight of biochemical oxygen demand index, and two hundred fifty (250) parts per million or less by weight of suspended solids index. If the wastewater characteristics exceed any of these parameters shall pay an additional abnormal wastewater surcharges as provided in section 55-148. (Code 19958„ §38-491, Old No 998993„ § 1 72949701, Old No 119997 '1, 8-8-19731, Old No 12209 '1, -7 19974; Old No 12656, § 1, 9925-19751, 9•ld No 138990 '1, -3.19977; Old No 15700 1, 8-13..19980. Old No 199748„ § 1, -'17 1998 11, Old d N 17156, §(„ 7 28-199871, Old d N 177997, § 1, -3-19987,; Old d No 18757„ 7. 4.-19984; Old d No 189940 1, 7 27 19985; Old d N 1994997 '1, 7.29 199899; Old d N 799412, 7 26-1 9988,; 9.11 No 799748 '1, 8-8-19891, 01 No 7`100`1„ § 9, '10 99 199990; 9.11 No 71440 1, 7. 1... 1999921, 010 No 7199997„ § 9, 5-25-19931, 9.11 No 71997`1„ § 1, 6B-19931, 01d No 21814, § I( (, (i) 17-14... 199997; Old No 7199995„ § 1, 99 14-199994; Old No 77747„ § 1, 9`1-17 9999999; Old No 27706, § 1, 70.`1999999. Old No 77177„ § 1, 7 25-20001, Old No 7457`1„ § le, 7 77 200 11, Old No 7499999 6, 7 23 20021, Old No 7579999„ §6, 7 22 20031, Old No 997589999„ 7 27 20041, 9•ld No 997997998„ §5, 7 26 20051, Old No 9979999990 , 7-75-X99996; Old 9990. 9977755„ §5, 7 24 20071, Old 9990. 997778`9„ § 7 7 22 20081, Old 9990. 99787599„ 7 28-20091, Old 9990 9978999999, § 1, 7799-799999 Old 9990 99299`99999, §3 7799-7999`9; Old 9990. 9929999`97 7, 7-799-7 99 9 7} mus 0 �A AGENDA MEMORANDUM „CURPOR 11a First Reading for the City Council Meeting of July 22, 2014 2852 Second Reading for the City Council Meeting of July 29, 2014 DATE: June 27, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works & Utilities GustavoGo@cctexas.com 826-3897 FROM: Daniel Biles, P. E., Executive Director Public Works danb@cctexas.com 826-3729 Valerie Gray, P. E., Director of Street Operations valerieg@cctexas.com 826-1875 Elmore Drive and Macleod Drive Convert portions of streets as one way during the school hours, indicated by signs. CAPTION: Ordinance amending Section 53-250(b) of the Code of Ordinances to designate all traffic shall move only in the direction indicated during the school hours, indicated by signs, on Elmore Drive and Macleod Drive. PURPOSE: This ordinance would move traffic one way during school hours in the southbound direction on Elmore Drive, from Leopard to Macleod Drive, and move traffic one way in the westbound direction on Macleod Drive, from Elmore Drive to Westland Drive. BACKGROUND AND FINDINGS: Elmore Drive and Macleod Drive are two-way streets surrounding Oak Park Elementary. The neighborhood is impacted by traffic congestion before and at the end of school hours. At the request of Oak Park Elementary School, City Staff coordinated with CCISDPD and assessed traffic conditions. On five occasions, staff observed traffic conditions and observed traffic congestion. The Transportation Advisory Committee (TAC) approved the recommendation by the City Traffic Engineer to move traffic one way on portions of Elmore Drive and Macleod Drive in the direction and during the times, indicated by signs, on July 16, 2014. ALTERNATIVES: 1. Recommend to approve the ordinance, to convert portions of Elmore Drive and Macleod Drive to one way between the school hours of 7:15 a.m. -8:15 a.m. and 3:45 p.m. -4:45 p.m. (recommended) 2. Do not approve to recommend the ordinance, thereby keeping Elmore Drive and Macleod Drive as two way only. (not recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This item conforms to the City Charter requirements to amend the Code of Ordinances. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Not applicable FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑Capital X Not applicable Project to Date Expenditures Fiscal Year: `13-`14 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: The City Traffic Engineer recommends the approval of the ordinance as proposed. LIST OF SUPPORTING DOCUMENTS: Ordinance Location Map Presentation Ordinance amending Section 53-250(b) of the Code of Ordinances to designate all traffic shall move only in the direction indicated during the school hours, indicated by signs, on Elmore Drive and Macleod Drive. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 53-250 of the City of Corpus Christi Code of Ordinances is amended as shown: CHAPTER 53 TRAFFIC ARTICLE VIII. SCHEDULES Section 53-250 Schedule I—One-way streets and alleys Section 1. Section 53-250, titled "Schedule I—One way streets and alleys" is amended by adding Elmore Drive and Macleod Drive to Schedule I as shown below: Sec. 53-250. Schedule IV—One way streets and alleys. (b) School areas. In accordance with section 53-103 and when properly signposted, all traffic shall move only in the direction indicated during the school hours indicated by signs on the following streets or portions of streets: Street or Portion of Street Direction of Traffic Elmore Drive, from Leopard Street to Macleod Drive South Macleod Drive, Elmore Drive to Westland Drive West SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it 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 hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Section 53-55 of the Code of Ordinances. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor 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 / tiyll. ilui) ,+Irfl���14�a'r��'fii,,' I "` ..� �y(��r✓�, i� i pi ' hulye v r l 14$ N SCALE: N.T.S. �2 o Il titin. r ll � ii SCHOOL HOURS ONE 7:15 - 8:15 AM 3:45 - 4:45 PM SUBJECT: CONVERT PORTIONS OF ELMORE DRIVE CITY COUNCIL EXHIBIT AND MACLEOD DRIVE TO ONE WAY CITY OF CORPUS CHRISTI DEPARTMENT OF STREET OPERATIONS PAGE 1 OF 1 I Rii, a c754 4-j v > EL -0 O •,-+ O a--+ V (3) (3) V � � U cz$ O (3) •> L o.- 4-J (3) O � Q O +, E Lu > C: O { r� Jl, Ln E yLn,CL C� u m M rry 8 t I 5 Axi CID n� x , C?c W O � 40 �� b 0 a>y14 o� h y4 I k W r' Us 0 _ AGENDA MEMORANDUM 71 First Reading Ordinance for the City Council Meeting of July 22, 2014 18..52 Second Reading Ordinance for the City Council Meeting of July 29, 2014 DATE: July 7, 2014 TO: Ronald L. Olson, City Manager FROM: Barney Knight, City Attorney BarneyKp_cctexas.com 361-826-3873 Revising Self-Insurance; Claims Settlement Ordinance CAPTION: Ordinance amending Chapter 17, Section 17-18 Self-Insurance; claims settlement, of the Corpus Christi Code of Ordinances in its entirety; providing for severance; providing for publication; and providing an effective date PURPOSE: The proposed ordinance cleans up the language to reflect current practices and modifies the authority to settle claims. The proposed ordinance would increase the dollar amount the City Manager can settle claims without Council approval from $60,000 to $75,000., Risk Manager/City Attorney without Council approval from $40,000 to $55,000 and Risk Manager or City Attorney without Council approval from $ 20,000 to $35,000. The new ordinance also includes an annual actuarial audit versus every two years as currently required by ordinance. BACKGROUND AND FINDINGS: The self-insurance ordinance has not been updated since 1987. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-Emergency Item DEPARTMENTAL CLEARANCES: City Legal and Risk Management 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 Fund(s): Comments: RECOMMENDATION: Staff recommends supporting changes to the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Amending Chapter 17, Section 17-18 Self-Insurance; claims settlement, of the Corpus Christi Code of Ordinances in its entirety; providing for severance; providing for publication; and providing an effective date BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. Chapter 17, Section 17-18, of the Code of Ordinances, Self-Insurance; claims settlement, is hereby amended in its entirety to read as follows: Sec. 17-18. Self-Insurance; claims settlement. (a) The City self-insurance fund, as funded in the annual budget or by amendments thereto, shall provide coverage for (1) Tort Claims, including but not limited to; property damage, bodily injury, auto liability, public officials liability, liability for loss of money or securities and otherwise general liability claims; (2) Federal Claims, i.e.; employment, use of force, discrimination; (3) Workers' Compensation claims; and (4) Property Insurance. No part of said fund shall be expended for any purposes other than the losses or liabilities of the City; or the losses and liabilities of City officers, employees and agents, where indemnification is required by the ordinance for legal defense of city officers and employees, or by other law, or authorized by the city council; or for administrative expenses associated with the self-insurance fund. (b) The Risk Manager shall cause a professional actuarial audit and report of the self-insurance fund annually to determine funding and budgetary requirements in accordance with prevailing actuarial standards. Additional professional actuarial audits and reports may be conducted as needed to assess solvency. (c) The Risk Manager will administer the self- insurance program; including but not limited to, liability and workers' compensation programs, procurement of insurance policies for the city, loss control initiatives, safety programs and the performance of risk assessments. (d) The City Manager or his or her designee may establish administrative procedures for the settlement and payment of claims. (e) Authority to settle claims brought against the City of Corpus Christi and claims filed by the City of Corpus Christi from the self-insurance fund is expressly delegated to the officials and in the amounts set forth below: General Liability Claims and Administrative matters arising under Texas workers' compensation laws to the extent that they can be legally settled Authorized Official Dollar Amount Risk Manager or City Attorney $0-$35,000 Risk Manager/City Attorney (Jointly) $35,001-$55,000 City Attorney/City Manager (Jointly) $55,001-$75,000 All settlements in excess of$75,000 shall be approved by the City Council. SECTION 2. If for any reason any section paragraph subdivision clause phrase word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction it 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 hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. This ordinance takes effect immediately upon passage. 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 se Ako 0ONVO%11 AGENDA MEMORANDUM 1852 Public Hearing and Future Item for the City Council Meeting of July 29, 2014 Action Item for the City Council Meeting of August 12, 2014 DATE: June 27, 2014 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floyds(a-)cctexas.com 361-886-2603 Public Hearing for and Resolution approving the FY 2014/2015 budget for the Corpus Christi Crime Control and Prevention District. CAPTION: Public Hearing for and resolution approving the FY 2014/2015 budget for the Corpus Christi Crime Control and Prevention District. PURPOSE: Hold a public hearing and approve the Crime Control and Prevention District FY2014/2015 budget BACKGROUND AND FINDINGS: Provisions of the Local Government Code section 363.205 require that the governing body of the political subdivision that created the Crime Control and Prevention District shall hold a public hearing on the proposed annual budget to receive public comment and approve or reject the budget submitted by the Board of Directors of the Corpus Christi Crime Control and Prevention District. On November 4, 1997, the voters established the Crime Control and Prevention District for 5 years beginning April 1, 1998. The voters renewed the District on November 6, 2002 for five years, and again on April 14, 2007 for ten years. This continues the 1/8t"-cent sales tax to fund the District and provide additional funds to enhance law enforcement efforts in the City of Corpus Christi. The Crime Control and Prevention District held a public hearing on June 18, 2014 and the Board adopted the budget on the same day. The budget must now be submitted to the City Council for approval. The City Council must hold a public hearing in accordance with notice and all other procedures required by law. The resolution approving the FY 2014/2015 budget for the Corpus Christi Crime Control and Prevention District will be scheduled for action on August 12, 2014. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Finance FINANCIAL IMPACT: Project to Date Fiscal Year: 2014- Expenditures 2015 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $6,399,668 $6,399,668 BALANCE $6,399,668 $6,399,668 Fund(s): 9010 — Crime Control and Prevention District fund Comments: Revenues of$7,588,750 are budgeted to support the expenditures. RECOMMENDATION: Staff recommends approving the budget LIST OF SUPPORTING DOCUMENTS: Budget adopted by the Crime Control and Prevention District Board of Directors Resolution Approving the Crime Control and Prevention District Budget Presentation r I � I I% J I% 1 L CITY OF CORPUS CHRISTI, TEXAS Crime Control and Prevention District FY 2014-2015 Proposed Budget J�CO'-pus C!Yns-fl OL 4p OJI I; I I; I l I .. , City of Corpus Christi Crime Control & Prevention District FY-2012/2013 Actual Year End Numbers FY-2013/2014 Year End Estimates FY-2014/2015 Proposed Budget CRIME CONTROL & PREVENTION DISTRICT TABLE OF CONTENTS FY-201412015 Page Program Org. No. No. 1 Financial Statement w 2 Police Officer Costs 11711 4 Police Officer Trainee Intern 11712 6 Pawn Shop Detail 11713 8 Public Safety Vehicles & Equipment 11717 10 Police Academy Costs 11718 12 Juvenile Assessment Center 49002 14 Citizens Advisory Councils 49008 16 Juvenile City Marshals 49010 18 Reserve Appropriation 80080 Crime Control & Prevention District FY-201212013 Actual Revenues & Expenditures FY-201312014 Year End Revenue & Expenditure Estimates FY-201412015 Proposed Budget Actuals Total 14 Estimated 14 Proposed Months Months Budget 2012/2013 2013/2014 2013/2014 2014/2015 Beginning Balance 2,790,674 3,834,420 3,834,420 4,511,918 Revenues Sales Tax 6,701,922 8,565,322 8,340,081 7,575,750 Interest on Investments 2,590 2,100 2,100 3,000 Interest Earned-Interfund 101 - - - Interdepartmental Services - - - Transfer From Other Funds - 42,717 42,717 - Transfer From Gen. liability Fd. 57,133 - - - Transfer From Workman's Comp 50,806 - - - Juvenile Drug Testing 8,842 13,000 10,000 10,000 Total Current Revenues 6,821,394 8,623,139 8,394,898 7,588,750 Total Funds Available 9,612,068 12,457,559 12,229,318 12,100,668 Expenditures Police Officer Costs 4,627,741 5,622,168 5,473,024 4,908,988 Police Officer Trainee Intern 166,406 252,903 121,226 135,361 Pawn Shop Detail 117,614 191,057 161,347 170,011 Public Safety Veh. & Equip. 137,549 985,524 985,524 180,000 Police Academy Costs 135,220 186,987 189,355 154,055 Juvenile Assessment Center 385,088 506,250 491,114 469,527 Citizens Advisory Council 21,510 166,759 155,030 191,483 Juvenile City Marshals 186,520 234,147 140,781 140,243 Reserve Appropriation - 122,277 - 50,000 Total Expenditures 5,777,648 8,268,071 7,717,400 6,399,668 Ending Balance 3,834,420 4,189,488 4,511,918 5,701,000 Surplus/(Deficit) 1,043,747 355,068 677,498 1,189,082 Pagel CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT POLICE OFFICER COSTS-11711 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Proposed 2012/2013 14 Months 14 Months 201412015 Budget 2013/2014 2013/2014 Salaries and Wages 2,667,232 3,120,552 3,030,956 2,697,802 Overtime 264,104 324,500 329,036 285,000 Other Pay 174,226 346,033 292,202 275,000 Retirement 696,268 854,633 840,476 752,878 Group insurance benefits 362,028 443,485 443,485 456,718 Other employee benefits 9,660 11,293 11,293 9,970 Chemical/household supplies - 583 283 300 Clothing 71,581 82,642 82,642 72,000 Fuel & lubricants 123,505 204,167 189,167 165,000 Food and food supplies 440 350 350 500 Minor tools &equipment 79,387 28,713 46,667 30,000 Minor computer equipment 692 - 0 - Office supplies 23 1,167 1,167 1,200 Maintenance & repairs - 233 233 300 Professional services 1,438 1,400 1,700 1,500 Temporary services 444 - 0 - Vehicle repairs 28 350 300 300 Mileage reimbursement 3,518 - 0 - Telephoneltelegraph service 15,855 17,500 18,500 17,200 Equipment maintenance - 1,167 1,167 1,000 Police Supplemental Insurance 6,000 7,000 7,000 6,000 Police Vision Insurance 3,262 4,900 4,900 4,200 Sworn Empl - Dental 19,890 31,500 31,500 27,000 Self Insurance Allocation 128,160 140,000 140,000 105,120 Totals 4,627,741 5,622,168 5,473,024 4,908,988 FTES: FY-201112012-50 Police Officers FY-201212013-50 Police Officers FY-201312014-50 Police Officers FY-201412015-50 Police Officers Page 2 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT POLICE OFFICER TRAINEE INTERN-11712 EXPENDITURE BUDGET Account Actuals Amended 14 Estimated 14 Proposed Description 2012/2013 Months Months 2014/2015 Budget 2013/2014 _ 2013/2014 ._ Salaries & Wages 134,782 206,536 98,514 108,451 Overtime 1,301 - - 1,500 Retirement 30,323 46,367 22,711 25,410 Totals 166,406 252,903 121,226 135,361 FY-201212013-funds appror. on 09/19/12 for hiring of Police Officer Trainee Interns FY-201312014-Police Officer Trainee Interns FY-201412015-Police Officer Trainee Interns Page 3 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT PAWN SHOP DETAIL-11713 EXPENDITURE BUDGET Account Description Actuals Amended Estimated 14 Proposed 2012/2013 14 Months Months 2014/2015 Budget 2013/2014 2013/2014 Salaries and Wages 66,180 114,927 93,216 109,126 Overtime 1,676 4,615 3,264 3,000 Other Pay 487 3,500 1,992 1,000 Retirement 14,723 27,741 22,602 26,143 Group insurance benefits 19,836 24,299 24,299 17,238 Other employee benefits 780 910 910 803 Minor tools & equipment 65 117 117 100 Minor office equipment 449 467 467 500 Office Supplies 2,030 2,100 2,100 2,500 Non-Capital Lease Payments 1,153 1,153 1,153 1,200 Self Insurance Allocation 10,236 11,228 11,228 8,400 Totals 117,614 191,057 161,347 170,011 ETES: FY-201112012-4 ftes FY-201212013-4 ftes FY-201312014-4 ftes FY-201412015-4 ftes Page 4 CRIME CONTROL & PREVENTION DISTRICT PUBLIC SAFETY VEHICLES-11717 EXPENDITURE BUDGET Account Description Actuals Amended 14 Estimated Proposed 2012/2013 Months 14 Months 201412015 Budget 201312014 20'1312014 Minor Tools & Equipment 3,133 153,700 153,700 - Professional Services 5,865 22,555 22,555 - Vehicles & Machinery 128,551 304,343 304,343 150,000 Other Equipment - 504,926 504,926 30,000 Totals 137,549 985,524 985,524 180,000 FY-201112012-5 replacement vehicles FY-201212013-5 replacement vehicles FY-201212013-funds approp. on 10117112 for purchase of 3 police motorcycles FY-201312014-5 replacement vehicles/2 police motorcycles FY-201412015-5 replacement vehicles Page 5 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT POLICE ACADEMY COSTS-11718 EXPENDITURE BUDGET Account Actuals Amended 14 Estimated Proposed Description 2012/2013 Months 2014/2015 Budget 2013/2014 Salaries & Wages 109,129 152,525 153,970 125,136 Overtime 1,388 - - - Retirement 24,703 34,462 35,384 28,919 Totals 135,220 186,987 189,355 154,055 FY-201212013-funds approved on 09/19/12 to hire 5 additional Police Officer Trainees FY-201312014-5 Police Officer Trainees FY-201412015-5 Police Officer Trainees Page 6 CITY OF CORPUS CHRISTI CRIME CONTROL& PREVENTION DISTRICT JUVENILE ASSESSMENT CENTER-49002 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Proposed 201212013 14 Months 14 Months 2014/2015 Budget 201312014 Salaries and Wages 203,094 260,652 250,306 246,577 Overtime 88 750 575 500 Other Pay 621 3,750 2,938 3,500 Retirement 44,214 59,787 57,405 57,908 Group insurance benefits 22,140 27,122 27,122 34,477 Other employee benefits 1,296 1,512 1,512 1,335 Chemicallhousehold supplies 74 - - - Clothing 251 - - - Books & periodicals 578 11,667 11,797 10,000 Food &food supplies 1,468 5,483 2,783 1,200 Minor tools & equipment 281 467 467 270 Minor office equipment 1,225 583 583 500 Office Supplies 3,949 6,067 6,067 4,000 Maintenance & repairs - 350 350 300 Recreational supplies/equip. 203 - - - Professional services 10,293 16,917 16,917 10,000 Temporary services 10,619 - - - Postage & express charges 116 175 525 250 Rentals 55,575 75,833 75,833 65,000 Mileage reimbursement 190 2,333 1,833 4,000 Non-Capital Lease Payments 2,760 2,683 3,183 4,900 Telephone/telegraph service 3,495 5,250 5,250 4,000 Building maint & service 135 467 467 400 Membership & dues 1,009 350 1,150 550 Training-General 2,449 1,750 1,750 2,000 Printing advertising & PR 492 583 583 500 Printing outside print shops 345 350 350 1,000 Travel 1,231 2,917 2,917 2,500 Self Insurance Allocation 16,896 18,452 18,452 13,860 Totals 385,088 506,250 491,114 469,527 ETES: FY-201112012-6.6 ftes FY-201212013-6.6 ftes FY-201312014-6.6 ftes FY-201412015-6.6 ftes Page 7 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT CITIZENS ADVISORY COUNCIL-49008 EXPENDITURE BUDGET Account Description Actuals Amended 14 Estimated 14 Proposed 2012/2013 Months Months 2014/2015 Budget 2013/2014 2013/2014 Salaries & Wages - 95,747 88,802 110,875 Overtime - 2,500 500 2,000 Retirement - 22,512 20,729 26,085 Group insurance benefits - - - 8,619 Other employee benefits - - - 803 Minor Office Equipment - 2,333 2,333 2,000 Office Supplies - 2,333 2,333 2,000 Maintenance & Repairs 3,873 4,083 4,083 3,500 Postage & express charges - 350 350 300 Non-Capital Lease Payments - 2,333 2,333 2,000 Training-General - 2,700 2,700 2,700 Printing advertising & PR 15,476 18,667 18,667 16,000 Printing outside print shops 2,000 5,833 5,833 5,000 Travel - 3,300 3,300 3,300 Self Insurance Allocation - - - 6,300 Totals 21,510 166,759 155,030 191,483 FTES: FY-201312014-3 ftes FY-201412015-3 ftes Mage 8 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT JUVENILE CITY MARSHALS-49010 EXPENDITURE BUDGET Account Description Actuals Amended 14 Estimated 14 Proposed 2012/2013 Months Months 2014/2015 Budget 2013/2014 2013/2014 Salaries and Wages 115,567 93,423 26,841 46,000 Overtime 16,189 19,615 2,615 2,500 Other Pay - 2,885 385 1,500 Retirement 28,748 12,396 5,113 11,555 Group insurance benefits 17,748 21,742 21,742 6,000 Other employee benefits 588 686 686 588 Professional services - 75,000 75,000 70,000 Self Insurance Allocation 7,680 8,400 8,400 2,100 Totals 186,520 234,147 140,781 140,243 FTES: FY-2011/2012-3 ftes FY-2012/2013-3 ftes FY-2013/2014-3 ftes FY-201412015-1 fte Page 9 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT RESERVE APPROPRIATION-80080 EXPENDITURE BUDGET Account Description Actuals Amended 14 Estimated 14 Proposed 2012/2013 Months Months 2014/2015 Budget 2013/2014 2013/2014 Reserve Appropriation - 122,277 - 50,000 Totals - 122,277 - 50,000 Page 10 Resolution Approving the FY 2014-2015 budget for the Corpus Christi Crime Control and Prevention District BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS SECTION 1. The fiscal year 2014-2015 budget for the Corpus Christi Crime Control and Prevention District is approved. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Corpus Christi, Texas of , The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad.Magill Colleen McIntyre Lillian Riojas Mark Scott I .(,�,'IWI N vJ O � 4-j �i V bO � V U 4.3 '� � Q � � O U •� o � � o U Lo � � N U V� F ■ r � - � > V 4-J (l1 V (u U •— cn 0E 0 C: 4� O E 4-1 — Z3, m O � 0L C: L E •� � O > a) 00 4-JU 0 U fa (1) O — a_ O — O OM (l1 E Q U cv U � � � � � U Q) 0 cn O o �O •�' E -0 Q) Q - — cn cn U 4) v — ca ca 4� •— =3 •O •� (n C: OLn rn C O I I I I I O U U V L � � Ln 01 U 4-J 0 0 Q C :i O O V (� i � � � U C: .— i fa j � O U i CD- 0 0 U aS ° O O Ln O w 0 4-J U C: O O ca a--� U •� - 40) - O UM) mu m � CD •U �O O U fu Q i Efu � 0 C� � z� ca a CDO U Ln (n 00 M N N Q • k',�tM110A M V� F ■ u 0 Q 0 0 Q) U O C: - p 00 00 Om 0 M C M Q � O �� Ln � Q) o iA- 3: iA- iA- -0 06 O O V 4- �o � L °' ru - o � � 0— Q) - = CD E C: L u 0 ; k',�tM110A F e�Q�40�1W11?• J' A r L �1 O 4-J v � '�L � 01 oZS cu > o m O =) m L •— ca U ca � — U - a- n Cz V 0 � O =3U •O 02� =3 U 0 U � •— — U T3 U O E U 4� C: U cv ,0 00 4M L- �, 4-J N � O 4-J IS (u - LL L k',�tM110A M V� F ■ V a-J 0 C: -0 z 0 Z3, m Q) o � 2 0 L w � T--1 o � U N E U AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of July 29, 2014 Second Reading Ordinance for the City Council Meeting of August 12, 2014 DATE: July 8, 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 General Commercial to Light Industrial By Leopard Business Park, LLC Property Address: 8233 Leopard Street CAPTION- Case No. 0714-01 Leopard Business Park, LLC: A change of zoning from the "CG-2" General Commercial District to the "IL" Light Industrial District, not resulting in a change to the Future Land Use Plan. The property is described as Lot 1, Block B, Stillwell Addition, located along the west side of Tuloso Road between Leopard Street and Stillwell Lane. PURPOSE- The purpose of this item is to rezone the property to allow construction of a small business park consisting of approximately seven 5,000 square foot buildings. RECOMMENDATION- Planning Commission and Staff Recommendation (July 2, 2014): Approval of the change of zoning from the "CG-2" General Commercial District to the "IL" Light Industrial District. BACKGROUND AND FINDINGS- As detailed in the attached report, the applicant is requesting a rezoning from the "CG-2" General Commercial District to the "IL" Light Industrial District to allow construction of a small business park consisting of approximately seven 5,000 square foot buildings. The proposed rezoning would allow uses such as office, retail sales and service, light manufacturing, fabricating, warehousing and wholesale distributing. The rezoning is consistent with the Comprehensive Plan and the Port/Airport/Violet Area Development Plan and is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment. The proposed rezoning would not have a negative impact on the surrounding neighborhood. 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 Leopard Business Park, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 1, Block B, Stillwell Addition, from the "CG-2" General Commercial District to the "IL" Light Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Leopard Business Park, LLC ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 2, 2014, during a meeting of the Planning Commission, and on Tuesday, July 29, 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 Leopard Business Park, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lot 1, Block B, Stillwell Addition (the "Property"), located along the west side of Tuloso Road, between Leopard Street and Stillwell Lane, from the "CG-2" General Commercial District to the "IL" Light Industrial District (Zoning Map No. 056046), 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: City Secretary Nelda Martinez Mayor 0714-01 -Ordinance Page 2 of 2 3 0 R5 6 N M TAWAKONI ST ON 0 CG- 2 CG- 2 SP/11 - 01 FOpgRo► sr FR B ry CG- 2 0 0 0 J m M N Q N STI URW E MOON SUBJECT Q m PROPERTY 28 Q IL 1 ce 0 0 26 F_ Date Created:6/5/2014 0 400 800 Prepared By:LARRYF Feet De artment of Development Services CASE: 0714-01 SUBJECT PROPERTY WITH ZONING SUBJECT � PROPERTY ® Subject �pR�� �-�J Property j -I RM-1 Multifamily 1 IL Light Industrial RM-2 Multifamily 2 IH Heavy Industrial _ ,\ RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 RM-AT Multifamily AT RS-6 Single-Family 6 CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 0 CN-2 Neighborhood Commercial RS-TF Two-Family CR-1 Resort Commercialz RS-15 Single-Family 15 Q J CR-2 Resort Commercial RE Residential Estate � CG-1 General Commercialo RS-TH Townhouse CG-2 General CommercialvN SP Special Permit CI Intensive Commercial RV Recreational Vehicle Park r x CBD Downtown Commercial \ r z G p RMH Manufactured Home W E gi CR-3 Resort Commercial \ u FR Farm Rural V City Of H Historic Overlay S CO US BP Business Park LOCATION MAP ............. ,AGNES ChriL1L'1St1 EXHIBIT 'A' PLANNING COMMISSION FINAL REPORT Case No.: 0714-01 HTE No. 14-10000027 Planning Commission Hearing Date: July 2, 2014 C _ .o Applicant/Owner: Leopard Business Park, LLC ai a Legal Description/Location: Lot 1, Block B, Stillwell Addition, located 'Q_j 0 along the west side of Tuloso Road between Leopard Street and Stillwell a od Lane. 0 From: "CG-2" General Commercial District n To: "IL" Light Industrial District •2 Area: 2.92 acres N° Sr Purpose of Request: To allow construction of a small business park consisting of approximately seven 5,000 square foot buildings. Existing Zoning Existing Land Use Future Land Use District "CG-2" General Site Vacant Light Industrial Commercial C "CG-2" Neighborhood Commercial and o . North Commercial and "ON" Public Semi-Public Light Industrial N Office r J South "IL" Light Industrial Mobile Home Light Industrial y "CG-2" Neighborhood Vacant and Public W East Commercial Semi-Public Light Industrial West "CG-2" Neighborhood Commercial Light Industrial Commercial 06 Area Development Plan: The subject property is located in the C c Port/Airport/Violet Area Development Plan (ADP) and is planned for light industrial uses. The proposed change of zoning to the "IL" Light Industrial a c District is consistent with the adopted Future Land Use Plan. o Map No.: 056046 a Zoning Violations: None Transportation and Circulation: The subject property has approximately 260 feet of frontage along Leopard Street, which is an "A2" Secondary Arterial c Divided street, and approximately 360 feet of frontage along Tuloso Road, which is designated as an "A2" Secondary Arterial Divided street. Arterial c streets are designed to bring traffic to and from the freeway and CL accommodate high volumes of cross-town traffic. The "A2" Arterial is N c� designed as four lanes with a median, and a maximum Average Daily Trips of approximately 20,000 to 32,000. The subject property also has approximately 300 feet of frontage along Stillwell Lane, which is a local street. A Traffic Impact Analysis is not required. Zoning Report Case#0714-01 Leopard Business Park, LLC Page 2 Urban Proposed Existing Traffic Street Transportation Section Section Volume Plan Type (2011) Leopard "A2" Secondary 100' ROW 156' ROW Not d Street Arterial Divided 54' Paved 100' Paved Available Proposed 100' ROW 55' ROW Not Tuloso Road "A2" Secondary 54' Paved 25' Paved Available Cn Arterial Divided Stillwell Local Street 60' ROW 50' ROW Not Lane 40' paved 20' paved Available Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "CG-2" General Commercial District to the "IL" Light Industrial District to allow construction of a small business park. Although the existing zoning, "CG-2" General Commercial District, would allow the development, the applicant prefers the "IL" Light Industrial District in order to accommodate the demand for industrial businesses partially related to the oil business. Development Plan: The applicant plans to develop the 2.92 acres into a small business park consisting of seven 5,000 square foot buildings with a 20% office finish out. Each building will be one-story with a height of 18 feet and the development will have onsite parking. The applicant anticipates the business park will employ approximately 35 employees, and will operate from 8:00 a.m. to 5:00 p.m., Monday through Friday. Existing Land Uses & Zoning: North of the subject property across Leopard Street is a public semi-public use (owned by Tuloso Midway Independent School District) zoned "ON" Office District, and a commercial use zoned "CG-2" General Commercial. East of the subject property across Tuloso Road is a public semi-public use owned by the City of Corpus Christi (wastewater lift station) and vacant land, both zoned "CG-2" General Commercial District. West of the subject property has commercial uses and is zoned "CG-2" General Commercial District. South of the subject property across Stillwell Lane is a manufactured home park zoned "RMH" Manufactured Home District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is in the Port/Airport/Violet Area Development Plan and is consistent with the adopted Future Land Use Plan, which slates the property for light industrial uses. Department Comments: • This rezoning is consistent with the Comprehensive Plan and the Port/Airport/Violet Area Development Plan. Zoning Report Case#0714-01 Leopard Business Park, LLC Page 3 • The amendment is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. Buffer requirements and screening would be needed on the west portion of the subject property between the "CG-2" General Commercial District, and on the south portion of the subject property due to the "RMH" Manufactured Home District across Stillwell Lane. • The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment. • The proposed rezoning would not have a negative impact on the surrounding neighborhood. Planning Commission and Staff Recommendation: (July 2, 2014) Approval of the change of zoning from the "CG-2" General Commercial District to the "IL" Light Industrial District. Number of Notices Mailed — 17 within 200' notification area; 1 outside notification area 0 As of July 28, 2014: 0 In Favor 2 — 0 (inside notification area)- 0 (outside notification area) a 0 In Opposition 0 — 0 (inside notification area); 0 (outside notification area) For 0.00% in opposition. Attachments- 1. Location Map (Existing Zoning & Notice Area) K:\DEVELOPMENTSVCS\SHARED\LEGISTAR\2014 CC AGENDA ITEMS\7-29-2014\0714-01 LEOPARD BUSINESS PARK,LLC\REPORT FOR CC,LEOPARD BUSINESS PARK,LLC.DOCX 3 0 R5- 6 N M TAWAKONI ST ON c�Fop O gRosr 2 17 CG- 2 CG- 2 SP/11 - 01 0 FR B 10 8 ry 5 p C 2 oc 0 (A 3 11 9 0 J 6 m M N Q 7 STIL'CWEL'LE!CN 12 14 4 16Q m L13 zs 15 IL 1 SUBJECT 26 PROPERTY 0 0 J F— Date Created:6/5/2014 0 400 800 Prepared By:LARRYF Feet Dep ailment of Development Services CASE: 0714-01 ZONING & NOTICE AREA ��`�r.��F,v SUBJECT � PROPERTY RM-1 Multifamily 1 IL Light Industrial �� '�J 17 "� \ RM-2 Multifamily 2 IH Heavy Industrial �_I v RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ���,P� ON Professional Office RS-10 Single-Family 10 GFop Rp RM-AT Multifamily AT RS-6 Single-Family 6 "4Ro �n 40 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 h \\ CR-2 Resort Commercial RE Residential Estate CG-1 General Commercialo RS-TH Townhouse � iy CG-2 General Commercial SP Special Permit z Cl Intensive Commercial RV Recreational Vehicle Park ¢ __\ CBD Downtown Commercial RMH Manufactured Home \ CR-3 Resort Commercial FR Farm Rural v' o V\ 3 H Historic Overlay cc BP Business Park W E \ u v �wi Subject Property Owners 'S` �V City of with 200'buffer O in favor Corpus 4 Owners within 200'listed on v Owners LOCATION MAP attached ownership table /�in opposition AGNS Christi CHER t7KRE � rev �PNq NJ wr pmm,,� Ism W,M, sm wo I Wg ,wwfw,O I Wu WR S d W u Lu 1 Lu N 40 a w � \\ \ \% : / � « }! : °�»« § . � ;» k �� ¥ ° � , :al . � � � ° .� )� > : < � � � . , w � \ < \ � : \ . ?: �tx � \ � � � � � \ \ ` \. . , \ ^ / © 2 . . . <��< � 2\\ � » � 2 ° ��\ � 2�} « \�� �/\ AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of July 29, 2014 Second Reading Ordinance for the City Council Meeting of August 12, 2014 DATE: July 3, 2014 TO: Ronald L. Olson, City Manager FROM: Barney Williams, P.E., Interim Director, Development Services Department BarneyW@cctexas.com (361) 826-3595 Rezoning for Barisi Village to add a Planned Unit Development Overlay to a portion of the Pharaoh Valley Country Club Golf Course By Blackard Global Property Address: 7111 Pharaoh Drive CAPTION: Case No. 0614-04 Blackard Global: A change of zoning to add a Planned Unit Development Overlay to the subject property's existing zoning districts of "RS-6" Single- Family 6 District and "RS-10" Single-Family 10 District. The property to be rezoned is described as being 57.75 acres comprised of a portion of Tract 1, The Pharaohs Country Club and all of Block 3, Pharaoh Valley Northeast, located on Ennis Joslin Road (Spur 3), Pharaoh Drive, and McArdle Road. PURPOSE: The purpose of this rezoning is to allow redevelopment of a portion of the closed Pharaoh Valley's private golf course with a unique high-quality mixed-use development consisting of single family, multifamily, office, and commercial uses. RECOMMENDATION: Planning Commission and Staff Recommendation (July 2, 2014): Approval of the change of zoning to add a Planned Unit Development Overlay to the subject property's existing zoning districts of"RS-6" Single-Family 6 District and "RS-10" Single-Family 10 District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning to redevelop the east 57.75 acres of the closed Pharaoh Valley Golf Course. The applicant's proposed development, called "Barisi Village," proposes to take the best features of a pre-1900s "European Village" and create an upscale, high-quality, high-density development with a compatible mix of residential and commercial uses. A key feature of Barisi Village will be a public plaza to create a community gathering space and bring unique sense of place to the development. The subject property will require platting with all infrastructure and public improvements in accordance with the Comprehensive Plan and all master plans. The street system for the development will connect with two points of access to Ennis Joslin Road and with one point of access to McArdle Road. Based on a preliminary review of the Barisi Village Traffic Impact Analysis (TIA), the City Traffic Engineer has determined that the area's street capacity is sufficient to accommodate the development and recommends traffic improvements, including a traffic signal on Ennis Joslin Road (Spur 3) at Driveway "Al" and additional stop signs shown in the supporting documents. The City Traffic Engineer conditionally approves this TIA upon review of the project's final TIA. The TIA needs to be reviewed and approved by the Texas Department of Transportation. For a full summary of the TIA, please see the Staff Report. ALTERNATIVES: 1. Deny the request. 2. Modify the conditions of the PUD. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southeast ADP and the proposed rezoning is not consistent with the adopted Future Land Use Map, which designates the property for a recreational use. Although, the proposed use does not match the use on the Map, it should not be misconstrued to suggest that the proposed use is necessarily inconsistent with the goals and policies of the City's Comprehensive Plan. The proposal for redevelopment appears to be consistent with the overall goal of the Southeast ADP: "...to protect the predominantly stable residential neighborhoods and to promote the efficient development of underutilized and remaining vacant land in the Area." The eight plan development objectives are consistent with the proposal including Objective F. which states: "Encourage a well-integrated development plan that protects existing residential neighborhoods when conversion of residential use to higher intensity use occurs." For these reasons, staff is of the opinion that the proposed rezoning is consistent with the overall intent of the City's Comprehensive Plan. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Traffic Engineering, 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 Traffic Impact Analysis PowerPoint Presentation Ordinance amending the Unified Development Code ("UDC"), upon application by Blackard Global on behalf of Apex Golf Properties Corporation ("Owner"), by changing the UDC Zoning Map in reference to 57.75 acres comprised of a portion of Tract 1, The Pharaohs Country Club and all of Block 3, Pharaoh Valley Northeast (the "Property"), by adding a Planned Unit Development Overlay to the Property's existing zoning of "RS-6" Single-Family 6 District and "RS-10" Single-Family 10 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 Blackard Global on behalf of Apex Golf Properties Corporation ("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 18, 2014, and Wednesday, July 2, 2014, during a meeting of the Planning Commission, and on Tuesday, July 29, 2014, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the applicant seeks to create a mixed-use pedestrian- and community-oriented development. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Blackard Global on behalf of Apex Golf Properties Corporation ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on 57.75 acres comprised of a portion of Tract 1, The Pharaohs Country Club and all of Block 3, Pharaoh Valley Northeast (the "Property"), located on Ennis Joslin Road (Spur 3), Pharaoh Drive, and McArdle Road by adding a Planned Unit Development Overlay ("PUD") to the Property's existing zoning of "RS-6" Single-Family 6 District and "RS-10" Single-Family 10 District, as shown in Exhibits A through J. Exhibit A, which is the metes and bounds description of the Property, Exhibit B, which is the map to accompany the metes and bounds description, Exhibit C, which is the "Master Site Plan," Exhibit D, which are "Design Guideline Images," Exhibit E, which is a list of permitted uses, Exhibit F, which is a layout of the Property based on building height, Exhibit G, which are required parking ratios, Exhibit H, which are approved street sections, and Exhibit I, which are special sign standards, Exhibit J, which identifies future driveway locations, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. Ord inance_BlackardGlobal_Rev_7-23-2014 final Page 1 of 16 SECTION 2. The PUD granted in Section 1 of this ordinance is subject to the following conditions: 1. Master Site Plan: The Owner shall develop the Property in accordance with the site layout illustrated in the Master Site Plan (Exhibit C) and the Design Guideline Images (Exhibit D). The purpose of the building footprints and street alignment on the Master Site Plan is to illustrate the development concept. Buildings are not required to be located as shown. Exhibits C and D illustrate the following the PUD's development concepts: a. A European village with buildings placed near the street right-of-way and mixed-use buildings resulting in a pedestrian-oriented development. b. Central lake in the "village core" c. Lakeside sidewalks with potential gathering spaces d. Principal plaza e. Public gathering spaces f. Meandering main street or "spine" with three points of access to existing City streets g. Pedestrian-oriented design h. Shared and off-site parking i. Architectural requirements j. Buffer yard (100-foot wide green space) 2. Permitted Uses: a. Development of the Property shall result in the provision of office, medical, commercial, and recreational uses developed in close proximity to and with respect for residential uses to meet the needs of residents living within the Property. Development of the Property may consist of single-family, townhouse, multifamily, office, or commercial uses or vertical and/or horizontal mixed-use buildings. Uses allowed on the Property are those identified in Exhibit D. b. The area occupied by existing tennis courts and former Pharaoh Valley Country Club clubhouse and shown in Exhibit F (Height Exhibit) shall only be developed with those uses and/or uses that support existing golf course and country club. 3. Setbacks and Lot Width: a. A minimum lot width shall not be required. b. Minimum front, side, and rear yards shall not be required, except that: i. Non-residential or mixed-use buildings located along the main street shall have a front yard not exceeding 10 feet; ii. Buildings on Ennis Joslin Road shall be setback a minimum of 20 feet; and iii. Buildings on Pharaoh Drive shall be setback a minimum of 25 feet. c. Non-residential lots platted on the Property shall have a minimum lot size of 400 square feet. Ord inance_BlackardGlobal_Rev_7-23-2014 final Page 2 of 16 d. Single-family lots shall range between 1,200 and 6,000 square feet. e. All lots shall have frontage on a public street and dedicated access to a public sidewalk. 4. Maximum Densities: Densities for the following uses developed on the Property shall not exceed: a. 200 fee-simple single-family lots b. 1,200 multifamily units c. One 120-room hotel d. 200 assisted living/skilled nursing units e. 450 senior independent living units f. 120-room memory care facility g. 200,000 additional square feet of non-residential uses 5. Open Space: The Property must maintain a minimum of 20% open space, which includes the lake. 6. Definitions: a. Plaza: An open public area that is usually near city buildings and that often has trees and bushes and places to sit, walk, and shop. b. Condominium flats: A unit within a multi-unit building or complex, which is individually owned and where the owner shares in joint ownership of any common grounds, passageways, etc. A condominium flat is not strictly intended for residential uses. c. Artisan studios: A mixed commercial-residential space for sale or lease where the individual residing in a portion of the space also operates a store, studio or showroom at the front of the space. The individual operating the commercial use cannot be different from the individual residing in the space. 7. Specific Standards for Uses: a. Plaza: The first structures constructed on the Property shall support the formation of a public plaza. The plaza shall be a minimum of 5,000 square feet in open area and developed to provide a public gathering space, such as those typically found in European urban design. The plaza shall provide amenities for pedestrians such as places to sit. The plaza shall be bordered by the following uses located in one contiguous building: residential, office, and commercial uses, parking garage(s), and a hotel. A minimum of 50% of the first levels of the buildings surrounding the plaza shall be occupied with non-residential uses. All parking required for the residential units within the plaza shall be provided in a parking garage attached to the plaza. Due to the Ord inance_BlackardGlobal_Rev_7-23-2014 final Page 3 of 16 intended public use of the plaza, the first floor of any parking structure within the plaza shall be accessible to the public in order to provide parking for retail and other non-residential uses that may be developed on the first floor of the plaza. b. Residential condominiums shall be built in clusters of no less than two units per contiguous structure and no more than 18 units per contiguous building. c. Single-family dwellings: i. Single-family dwelling may be located throughout the development. ii. Single-family dwellings may be used as home occupations, however, the following uses shall be prohibited as home occupations in single- family areas of the Property: vehicle repair; outdoor repair; barber shop, massage parlor, or beauty parlor; retail sales; greenhouse, commercial nursery or truck farming; food handling, processing or packing, other than services that utilize standard home kitchen equipment; medical or dental lab; restaurant; and sales or repair of firearms. Outside storage related to a home occupation is prohibited. d. Convenience Store with Gas Pumps: No more than six vehicle fueling stations shall be permitted. e. Restaurants: Restaurants shall be allowed outside storage for items including but not limited to fire wood, however, outside storage for restaurants shall be approved through the Special Use Exception procedures. 8. Building Height: a. Building height shall reflect the limitations indicated in Exhibit F. b. With the exception of bell towers, no building on the Property shall be greater than five stories above grade or 75 feet. c. Bell Towers: One architecturally accurate bell tower may be constructed within the main loop road of the "village core," which is identified in Exhibit F, with a footprint no greater than 51 feet by 51 feet. Maximum height of occupied space within the bell tower shall not exceed 105 feet above grade. The bell tower is allowed up to an additional 33 feet of height to accommodate a viewing platform and/or observatory level(s) as long as the floor area of each level above 105 feet in height is not greater than 75% of the tower footprint. Total maximum tower height including all spires, belfries and ornamental treatments is not to exceed 159 feet above grade. The bell tower height limitation is illustrated in Figure 1 below- Ord inance—BlackardG lobal—Rev-7-23-2014 elow:Ordinance_BlackardGlobal_Rev_7-23-2014 final Page 4 of 16 B0 Tower- Height & Aspect Ratio CIn ir Figure 1 d. Architectural embellishments not intended for human occupancy that are integral to the architectural style of the buildings, including spires, belfries, towers, cupolas, domes, and roof forms whose area in plan is no greater than 25% of the first floor footprint may exceed the height limits by up to 20 feet. e. Mechanical equipment, including mechanical/elevator equipment, penthouse enclosures, ventilation equipment, antennas, chimneys, exhaust stacks and flues, fire sprinkler tanks, and other similar features may extend up to 20 feet above the actual building height, provided that: i. These features are setback from all exterior walls a distance at least equal to the vertical dimension that such item(s) extend(s) above the actual building height; or ii. The exterior wall and roof surfaces of such items that are set back less than the vertical dimension above the actual building are to be constructed as architecturally integral parts of the building fagade(s) or as architectural embellishments as described above. 9. Building Materials: a. Only durable materials such as clay fired brick, natural and manufactured stone, granite, marble, exterior insulation and finishing system ("EIFS") and stucco shall be considered primary materials. Native Texas stone materials shall be of primary consideration in the building material selection process. Ord inance_BlackardGlobal_Rev_7-23-2014 final Page 5 of 16 Building materials and colors shall conform to the illustrations of the Design Guideline Images of Exhibit D. b. Primary materials shall comprise as least 80% of the facade of each floor, exclusive of doors and windows. EIFS as a primary building material may only be used above the second floor of any structure. c. Only primary building materials are allowed on the first floor, exclusive of doors, windows, and their accompanying frames. For purposes of this section, the first floor shall be at least nine feet high. d. Secondary materials used on a building facade are those that comprise less than a total of 20% of an elevation area. Permitted secondary materials are all primary materials, aluminum or other metal, cedar or similar quality decorative wood or other materials as approved by the Director of Development Services in accordance with the Design Guideline Images (Exhibit D). e. Four-Sided Building Design: All buildings shall be architecturally finished on all sides with the same materials, detailing, and features. Where the rear facade does not face a public street, the architectural finish must match the remainder of the building in color only. f. Building facades shall be designed in accordance with the Design Guidelines Images shown in Exhibit D. g. All buildings shall have a the roof. Flat roof buildings shall have a parapet. 10.Building Entries: a. Main entries to buildings shall be highlighted using such techniques as building articulation and/or entry canopies so they are obvious to pedestrians and motorists. b. Each building and separate lease space at grade shall have a functioning "Primary Entry" from the sidewalk along the each street frontage. Corner entries may count as a Primary Entry for both intersecting street fronts. 11.Awnings, Canopies, Arcades and Overhangs: a. Structural awnings are encouraged at the ground level to enhance articulation of the building volumes. b. The material of awnings and canopies shall complement the building. c. Canopies and awnings shall respect the placement of street trees and lighting. Ord inance_BlackardGlobal_Rev_7-23-2014 final Page 6 of 16 d. All large canopies, i.e. gas stations, banks, etc., that require structural columns for support shall have a minimum six feet masonry or ornamental iron/steel (or other approved material) finish measured from the finished grade. Materials used on columns and canopies shall complement the building. 12.Building Articulation: a. The first floor of a building where retail or service uses take place shall be accentuated by awnings or canopies, different building materials, or other architectural features. b. For at least every 100 feet of building facade length, building facades fronting streets and private drives shall have massing changes and architectural articulation to provide visual interest and texture and to reduce large areas of undifferentiated building facade. Design articulation should not apply evenly across the building facade, but should be grouped for greater visual impact employing changes in volume and plane. Architectural elements including projecting volumes, windows, balconies, loggias, canopies, pediments, and moldings that break up the mass of the building are encouraged. 13. Use of Public Right-of-Way: The use of public right-of-way shall require a Use Privilege Agreement with the City. a. The following projections shall be permitted into a public easement or right- of-way, provided that 1) no projection shall be permitted into a public easement or right-of-way of Ennis Joslin Road or Pharaoh Drive; 2) such projections do not extend over the traveled portion of a roadway below a finished road grade height of 15 feet; 3) the Owner has assumed liability related to such projections; and 4) the Owner shall maintain such projection in a safe and non-injurious manner. b. Ordinary building projections, including, but not limited to water tables, sills, belt courses, pilasters, and cornices may project up to 12 inches beyond a building face or architectural projection. c. Business signs and roof eaves may project up to 36 inches beyond the building face or architectural projection. d. Architectural projections, including balconies, bays, towers, and oriels; show windows (first floor only); below grade vaults and areaways; and elements of a nature similar to those listed; may project up to 48 inches beyond the building face. e. Canopies and/or awnings may project from the building face and may extend into the public right-of-way if a minimum sidewalk clearance and/or distance Ord inance_BlackardGlobal_Rev_7-23-2014 final Page 7 of 16 to a street tree of five feet is maintained. Additionally, canopies and/or awnings may be extended or be within eight inches of the back of curb if used to provide a covered walkway to a building entrance and as long as any canopy/awning support is no closer than 18 inches from the back of the curb. f. Below-grade footings approved in conjunction with building permits. g. Outdoor eating areas and outdoor display of retail items for sale may extend into right-of-way if a minimum sidewalk clearance and/or distance to a street tree of five feet is maintained, provided that no extensions shall be permitted into a public easement or right-of-way of Ennis Joslin Road or Pharaoh Drive. 14.Buffers: The property shall contain a 100-foot wide buffer yard around the perimeter of the Property in the areas shows on the Master Site Plan. 15.Parking: a. The Property shall provide parking for each use in accordance with Exhibit G. b. Required parking for a particular use may be located and maintained anywhere within the Property. c. On-street parking and shared parking located anywhere within the Property's boundaries may be counted towards meeting the parking requirements of any use. d. The Owner is required to submit parking information with each building permit and shall maintain an ongoing count of parking spaces and the allocation of parking spaces toward a particular use. e. Surface Parking Lots: i. Whether or not the parking spaces are required by this ordinance, no more than 50% of parking spaces provided on the Property shall be provided by surface parking lots, not including parking made available on public streets. ii. Surface parking lots cannot be located on a corner lot fronting the main street and shall be located to the side or rear of a building. iii. With the exception of one row of parking in front of a storefront, or "teaser" parking, surface parking lots shall not be located between the main street and a principal building. Ord inance_BlackardGlobal_Rev_7-23-2014 final Page 8 of 16 iv. Any non-structured, off-street surface parking lot shall meet the landscape requirements of UDC Section 7.3.11. A masonry wall that extends from and matches the adjacent building's facade with respect to material, style, and application shall be permitted as required screening for a surface parking lot. f. Shared Parking: i. Uses may share required parking spaces where the Owner can submit a shared parking analysis prepared by a professional engineer to the Director of Development Services demonstrating the feasibility of shared parking for multiple uses. The shared parking analysis shall address at a minimum the size and type of the proposed development, the composition of tenants, the anticipated rate of parking turnover and the anticipated peak parking and traffic loads for all uses that will be sharing parking spaces. ii. As a condition of approval of shared parking, shared parking must result in a reduction of at least ten percent (10%) of the aggregate required parking for such uses. iii. Up to 50% of the parking spaces required for a theater or other place of evening entertainment (after 5:00 PM), or for a church, may be provided and used jointly by banks, offices, and similar uses not normally open, used, or operated during evening hours if specifically approved by the Director of Development Services. g. Parking Garages: i. Parking garages shall be provided and located only within the main loop road of the "village core," which is identified in Exhibit F, or where a lot or building pad has frontage on Ennis Joslin Road. ii. Adequate public access to and from public rights-of-way via private drives and/or access easements shall be established for parking garages. iii. In no instance shall a parking structure be taller than the building to which it is closest. Notwithstanding, the maximum height for a parking structure shall be 75 feet. iv. Where parking garages are within view from streets, openings in parking garages shall not exceed 75% of the parking garage's facade. The portion of the parking garage that is visible from the street shall have an architecturally finished facade compatible with the surrounding buildings. Ord inance_BlackardGlobal_Rev_7-23-2014 final Page 9 of 16 v. Entries and exits to and from parking structures shall be clearly marked for both vehicles and pedestrians by materials, lighting, signage, etc., to ensure pedestrian safety on sidewalks. 16.Service Equipment and Areas: a. Loading docks, truck parking, trash collection, trash compaction, and other service functions shall be incorporated into the overall design of the building or placed behind or on the side of a building. On corner lots, these areas should be located behind buildings. b. Transformers, HVAC equipment (if located at the ground level), lift stations, utility meters, and other machinery, where practical, should be located at the rear of the property. 17.Screening: a. Service equipment and areas shall be screened so the visual impacts of these functions are fully contained and out of view from adjacent properties and public rights-of-way. b. Screening materials for solid waste collection and loading areas shall be the same as the materials used for the principal building, or a six-foot tall solid masonry wall. Trash dumpsters shall have a door, which shall remain closed when not in use. c. No internal screening of differing uses within the boundaries of the Property is required. 18. Fencing: Fencing shall be constructed of wrought iron, tubular steel or similar material, or masonry. Fencing is allowed between the primary facade of the building and the property line. Fencing is allowed to separate an outdoor eating area from the walkway if the outdoor seating area extends into the adjacent right- of-way. 19.Landscaping: a. To retain authenticity to the small European village, public streets, private streets, plazas, gathering areas, alleys and/or pedestrian access corridors within the Property shall not be required to provide landscaping. b. Artificial plants shall be strictly prohibited. c. Landscaping shall utilize plants listed in the UDC. d. Permanent irrigation shall be provided for all landscaping as follows- Ord inance—BlackardG lobal—Rev-7-23-2014 ollows:Ordinance_BlackardGlobal_Rev_7-23-2014 final Page 10 of 16 i. Irrigation lines for perimeter landscaping identified in (a) above, shall be placed a minimum of 2.5 feet from a City sidewalk or alley. Reduction of this requirement is subject to review and approval by the City Engineer. Privately owned and operated irrigation lines shall not be located within a public easement. ii. Only bubbler-type irrigation lines shall irrigate trees and shrubs. Other landscaping may be irrigated by spray irrigation. Separate valves shall be provided to turn off the spray irrigation line during periods of drought or water conservation. iii. Rain, freeze, and wind detectors shall be installed on all irrigation lines. iv. Automatic irrigation systems shall be operated between the hours of 6:00 p.m. and 10:00 a.m. to reduce loss of water to evaporation and wind. 20.Signage: Signs located on the Property shall comply with the standards below and those established in Exhibit I. Signs shall be designed for visual communication and orientation to the pedestrians and slow-moving vehicular traffic crossing pedestrian sidewalks as follows: a. Hanging or "blade" signs are permitted and shall be placed perpendicular to the facade, located above or adjacent to the entrance and visible to pedestrian circulation on adjacent sidewalks. b. Canopy signs are permitted and shall be oriented perpendicular or parallel to the facade, typically located above or adjacent to the entrance and visible to pedestrian circulation on adjacent sidewalk. c. All signs shall maintain a minimum clearance of eight feet above sidewalk level to the bottom of the sign. d. Pole-mounted signs are prohibited and may only be used for public traffic, safety, transportation, and directional information purposes. e. Billboards shall not be permitted within, or attached to, any structure. f. Sandwich signs are permitted on sidewalks, provided that they are located adjacent to the building and are not located in, or block the sidewalk's five- foot wide clear zone. g. With the exception of the sign standards outlined under this section, all signs must meet the criteria and compliance of the standards of Section 7.5 of the UDC. 21.Pedestrian Access- Ord inance—BlackardG lobal—Rev-7-23-2014 ccess:Ordinance_BlackardGlobal_Rev_7-23-2014 final Page 11 of 16 a. Sidewalk and Clear Zone: A minimum five-foot wide sidewalk is required to be constructed and remain in place within public street right-of-way and along the lake. Pedestrian amenities and streetscape features, such as planters, benches, trees, light poles, shall not encroach upon the dedicated five-foot wide sidewalk or "clear zone." b. Mid-Block Pedestrian Pass-Throughs: i. Where buildings are continuous for 400 linear feet or more, a mid- block pedestrian pass-through or galleria shall be provided. An example of a pedestrian pass-through is provided in Figure 2 below: v� Figure 2 ii. The pass-through shall be lighted and designed to be safe and visually interesting for pedestrians, incorporating such features as display windows or artwork. iii. Mid-block pedestrian pass-throughs must be designed so they cannot be enclosed or locked. 22.Streets: Each building on the Property shall have access to a public street designed in accordance with the approved street sections (Exhibit H) and in accordance with the requirements of the City Engineer and Fire Marshal. Streets shall be laid out in a with a central main street, two points of access to Ennis Joslin Road and one point of access to McArdle Road, as shown in the Master Site Plan shown in Exhibit C. Streets shall be designed in accordance with the City Engineer and Fire Marshal. Through-traffic shall not have access to Pharaoh Drive, but emergency vehicles may have access to Pharaoh Drive. 23.Emergency Vehicle Access: Parking on-street is prohibited except where provided in approved public street construction drawings. A 20-foot wide drive aisle shall be maintained for emergency vehicles. Ord inance_BlackardGlobal_Rev_7-23-2014 final Page 12 of 16 24.Visibility Triangles: Adequate sight distance as approved by the City Engineer will be provided at all intersections through the use of appropriate traffic control devices. Visibility triangles at intersections and private driveways for vehicles exiting the Property shall be provided at intersections with Ennis Joslin and McArdle Roads. 25.Utilities: All utility lines shall be located underground. 26.Public Infrastructure: Infrastructure serving the needs of the full build-out of the Property shall be constructed in one phase. 27.Review of Construction Drawings: In order to review site and building construction drawings for compliance with this PUD: a. The Owner shall provide a Preliminary Site Plan for each building permit application demonstrating that the development meets the conditions of this PUD ordinance. b. The Owner shall submit a final facade plan and sample boards with a Final Site Plan for each building permit application to ensure that the minimum standards of this ordinance are met. The purpose of the facade plan is to ensure consistency and compatibility for all buildings within the development. c. The Owner shall submit additional details as deemed necessary by City review staff, including, but not limited to, facade plans of buildings within 100 feet of the building under review and the location of existing trees in the public right-of-way. 28.Procedures and Criteria for Alternative Compliance: a. Alternative compliance is a procedure that allows development to occur where the intent of the UDC and this PUD ordinance is met through an alternative design. It is not a general waiver of regulations. Rather, it permits a site-specific plan to incorporate an alternative design that is equal to or better than the strict application of a design standard in meeting the intent of both the zoning district and the applicable standard. b. If a concept plan or development plan is to include a request for approval of alternative compliance, a pre-submittal conference is required to determine the preliminary response from the Director of Development Services. Based on that response, the application for a conceptual plan or development plan shall include sufficient explanation and justification, in both written and graphic form, for the alternative compliance requested. c. A request for approval of alternative compliance may include proposed alternatives to one or more design standards. To grant a request for alternative compliance the following criteria must be met- Ord inance—BlackardG lobal—Rev-7-23-2014 et:Ordinance_BlackardGlobal_Rev_7-23-2014 final Page 13 of 16 i. The proposed alternative achieves the intent of the subject design standard to the same or better degree than the subject standard. ii. The proposed alternative achieves the mixed-use goals and policies in the UDC and this PUD ordinance to the same or better degree than the standard. iii. The proposed alternative benefits the community and is equivalent to or better than compliance with the design standard. d. Alternative compliance shall apply to the specific site for which it is requested and does not establish a precedent for assured approval of other requests, or the entire development plan, or future developments. 29.Other Codes/Regulations: Nothing in this PUD ordinance shall be construed to overrule a code or regulation adopted by separate measure. Nothing contained herein shall vary or supersede public safety requirements of the City of Corpus Christi Technical Construction Codes, and other applicable laws, rules, and regulations of the City of Corpus Christi. 30. Time Limit: Construction shall commence within 24 months from the date this PUD ordinance is approved by City Council. 31. Traffic Impact Analysis: Based on a review of the Level 2 Traffic Impact Analysis (TIA), the City's Assistant Traffic Engineer has made the following findings and recommendations. a. Findings: i. The Barisi Village Project as a Planned Unit Development (PUD) will generate 1,618 additional weekday PM peak hour trips. The Unified Development Code requires a Level 2 TIA. ii. The existing adjacent street network can accommodate the request for a zoning change. iii. The installation of a new traffic signal is required on Ennis Joslin Road at Driveway "A1" as shown in Exhibit J. iv. The installation of stop signs are required for Driveways "B1" and "Cl" on the minor street approaches, as shown in Exhibit J. v. The analysis did not include pedestrian and bicycle counts. vi. The analysis included only the number of beds for the Texas A&M University-Corpus Christi Momentum Campus. b. Recommendations: i. The Planning Commission accepts the Barisi Village Project Traffic Impact Analysis as one component of several planning factors considered in a request for a change of zoning. Ord inance_BlackardGlobal_Rev_7-23-2014 final Page 14 of 16 ii. The City of Corpus Christi accepts the recommendations and findings in the Barisi Village Project Traffic Impact Analysis once the following items are addressed in the TIA: 1. Intersections have a standard Level of Service "D" or better. 2. Texas Department of Transportation (TxDOT) approval of the TIA analysis. 3. The analysis includes pedestrian and bicycle counts. 4. The analysis includes more accurate counts for the Texas A&M University-Corpus Christi Momentum Campus. 5. Demonstration of coordination of signal timing with the City of Corpus Christi and TxDOT. 6. The developer of the Property incorporates the recommended traffic improvements into the PUD. 7. The City analyzes and provides traffic signal coordination on Ennis Joslin Road (Spur 3) from South Padre Island Drive (SH 358) to Ocean Drive. 8. Concurrence of findings and recommendations from City Traffic Engineer with approval. 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. Ord inance_BlackardGlobal_Rev_7-23-2014 final Page 15 of 16 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 Ord inance_BlackardGlobal_Rev_7-23-2014 final Page 16 of 16 f. KAlk .,.. ENGINEERING May 9,20114 Job No.2612.134.01. 57.75 Acre STATE OF TEXAS COUNTY OF NUECES Fieldnotes, for 57.75 Acres,more or less, comprised of portion of Tract 1,The Pharaohs Country Club,a.map of which is recorded in Volume 33, Page 69,of the Map Records of Nueces County, Texas and all of Block 3, Pharaoh Valley Northeast, a map of which is recorded in Volume 26, Page 1.1, of the said Map Records,said 57.75.Acre tract being,more fully described as follows Beginning on the Southwest R-O-W R- -Wline of Ennis Joslin Road,a public roadway,the East corner of Block A, Pharaohs Valley Northeast,st,a map of which is recorded in Volume 31, Page 55 of the said Map Records, for the North corner of the said Tract I and this tract; Thence, South 33046'30" East,with the common line of the said.Southwest R-C-W and the Northeast line of the said Tract 1,508.39 feet,for a comer this tract and the point of curvature of a curve to the right, having a Central angle of 25°1.5'27', a radius of 1869.86 feet,an arc length of 824.28 feet,a chord bearing of South 21°08"46" East and a chord length of 817.63; Thence,with the said common Line, with the arc of the said curve to the right, 824.28 feet,to the North Corner of Tract 6, Pharaoh Valley Northeast Unit 1,a map of which is recorded in Volume 45, Page 115 of'the said Map Records,,the East corner of the said'Tract I and a corner of this tract; Thence, South 78'03'07" West, with the Northwest line of the said Tract 6,'bract 5, Pharaoh. Valley Southeast Unit 1,a neap of which is recorded in Volume 42,Page 141,of the said Map Records and the South line of the said Tract 1, 819.47 feet,for the North corner of Block 2, Pharaoh Valley Carriage Park East Town-(louses,a map of which is recorded in Volume 38, Page 9,of the said. Map Records,,the West corner of said Tract 5 and a corner of this tract; Thence, with the boundary of this tract as follows: • North 12012'32" West, 100.00 feet ; • South 78'03'07" West,2.15.82 feet,to the beginning of a.curve to the right with a radius of 11.4.01 feet,a central angle of 40"5933",an arc length of 81.57 feet and a chord which bears North 81°27'07" West; '79.84 feet, • With a curve turning to the right an are length of 81.57 feet„ • North 60°57"20" West,820.00 feet,to the'beginning,of a curve to the Left with a radius of 240.00 feet,a central angle of 90'00'00",an arc length of 376,99 feet and a chord which bears South 74°02'40" West, 339.41 feet, • With a curve turning to the right an arc length of 376.99 feet; • youth 2902'40" West, 375.00 feet; • North 60°57'20" West, 169.35 feet,to the beginning of curve to the left with a radius of 539.48 feet, a central angle of 9'57'04",an arc length of 93.701 feet and a chord which. bears North 13°23"12" East,93,58 feet; S:VSurveyingl2612\B401NOF FI E'1R"TES AND B0UNG)5WN66.39Acres bn1r.docx Page I of ( 1)854-3101 2725 SWANTNfR DR. •CORPUS CHRISTI,TEXAS 78404 FAX(361)854-60011 wavwv ,urb nem ,corm EXHIBIT A TBP( Firm tf 145 .TOPLS Firm tt 10032400 • With a curve turning to the left an arc length of 93.70 feet; • North 08024'401" East,448.44 feet,to the beginning of a curve to the left with a radius of 424.97 feet,a central angle of 17012'30", an arc length of 127.64 feet and a chord which bears North 00'11'35" West, '127.16 feet; • With a curve turning to the left an are length of 1,27.64 feet; • North 17°58"017" West,99.IS feet,to the beginning of a curve to the right with a radius of 200.00 feet, a central angle of 1.47°55"2.5"", an arc length of 5 16.3 5 feet and a chord which bears North 00'16'43" West, 384.43 feet; • With a curve turning to the left an arc length of 516.35 feet,to the beginning of a reverse curve to the left with a radius of 700,00 feet,a central angle of 29'53'04",an are length of 365.11 feet and a chord which bears North 58°34'"58"" East, 360.98 feet; • With a curve turning to,the left an arc length of 365.11 feet,to the beginning,of a curve to the left with a radius of 153,09 feet,a central angle of 54'°45'51'",an arc length of 146.33 feet and a chord which bears North 80'1547" East, 140.82 feet; • With a curve turning to the left an arc length of 146.33 feet; • North 61'27'58"' West,92.87 feet,to the beginning of a curve to the left with a radius of 700.00 feet,a central angle of 4'56'12",an are length of 60.31 feet and a chord which bears North 335258" East, 60.29 feet; Thence, with the arc of the said curve to the left, 601.31 feet, to the East line of Block 2, Pharaoh Valley Northeast,a map of which is recorded in Volume 26, Page 11, of the said Map Records,the West line of the said Block 3 and for a comer of this tract; Thence,North 29002'40" East,with the Southeast line of Lots 34-37,of the said Block 2, the Northwest line of the said Block 3,375.00 feet,to the Southeast R-O-W line of the said Pharaoh Drive, the North corner of the said Block 3 and for a comer of this tract; Thence, South 60'5720" East, with the Southeast line of the said Pharaoh Drive, the Northeast line of the said Block 3, 320.00 feet,to the North comer of Block 4, of the said Pharaoh Valley Northeast, the East corner of the said Block 3 and for a corner of this tract, Thence, South 29'02'40" West, with the Northwest line of Lots 1-4,of the said Block 4,the Southeast line of the said Block 3,370.00 feet,to a comer of the said Tract 1, for a corner of this tract and the point of curvature of a curve to the left,having a Central angle of 14'00'53",a radius of 501.00 feet, an arc length of 12.23 feet,a chord bearing of South 22'02'14" West,a chord length of 12.20 feet; Thence,with the arc of the said Curve to the left, 12,20 feet and for a corner of this tract; Thence,with the boundary of this tract as follows: • South 29021'07" West, 50.06 feet; • North 6102758" West, 87,38 feet,to the beginning of a curve to the left with a radius of 150.00 feet,a central angle of 65'11'1.3°", an arc length of 170.66 feet and a chord which bears South 28"21'44"" East, 161.60 feet; • With a curve turning to the left an arc length of 170.66 feet; • South 60'57'20" East, 136,40 feet; • South 74'03'05" East, 492.25 feet; S:\Surveying\2612\B401 UFFICBMETES AND BOUNDSWN66,39Acres—bmr,docx Page 2 o1'3 (361)854-3101 2725 SWANTNER 1118, 0 CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urba . Lr�g-M--Coql EXHIBIT A TBPE Firm#145 e,TBPLS Firm#100324010 North 61°55'05"" East, 149,85 feet to the South line of said Block A,the beginning of a curve to the left with a radius of 387.10 feet,a central angle of 4500219",an are length of 304.29 feet and a chord which bears North 75'12'29" East,296,51 feet; Thence, with the common line of the said Block A and the said Tract I, the are of the said Curve to the left, 304.29 feet and for a corner of this tract; Thence, North 52'41'20" East, with the Southeast line of tile said Block A,the Northwest line of the said Tract 1,239.89, to the Point of Beginning, containing 57.75 acres(2,515,436 square feet)of land, more or less. Bearings based on the record plat of The Pharaohs Country Club, a map of which is recorded in Volume 33, Page 69,of the said Map Records,(not based on an on-the-ground survey), Unless this Field Notes Description, including preamble,sea] and signature, appears in its entirety, in its original form, Surveyor assumes no responsibility or liability for its accuracy. Also reference accompanying sketch of tract described herein, F 0.gee.,. URBAN ENGINEERING T 4 A KEITH W. -# Keith W. Wooley, R.P.L.S. 5463 w License No, 5463 &StjrveyingU6 I�2\B40 I\OFF ICEW["ITS AND BOIJND.S1l-"N66,39Acres.-binr,docx Page 3 oF3 (361)854-3101 2725 SWANTNER DR, *CORPUS CHRISTI,TEXAS 78404 FAX(361)8,54-6001 www.urbaCLpqp,..corn EXHIBIT A TBPE Firm# 145 *TBPLS Firm#1003240O a, r mM4 m N �o m c ON—mC- . `Coo O o to- LL-�Om" 0. O -0000 w E Ow c,6 >—"a Nom} - — ..—M ao ao aoo E O 6J o.600 3 LiZH � "a�a>° Oamwas vi L c 0002 p r. M•- aV)--.)V)a 0 W V o h J U °com a M M g Eorno ` OO . 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Y bu not w �A r Y u Page 1 of 5 Permitted Uses • Accessory Building • Administrative, Medical, or Professional Office • Amphitheater— Public and/or Private • Antenna and/or Antenna Support Structure, Commercial • Antenna and/or Antenna Support Structure, Non-Commercial • Antique Shop and Used Furniture • Aquarium, Bird and/or Pet Shop • Art Gallery and/or Studio • Artisan Studio (See Definition, Section 2.6 of this ordinance) • Assisted Care or Living Facility • Auto Parts Sales, Inside • Automobile Paid Parking Lot/Garage • Automobile Parking Lot/Garage • Bakery— Custom with onsite production • Bank, Savings and Loan, or Credit Union • Barber Shop • Bar, Tavern, Nightclub by Special Use Exception only • Beauty Salon • Bed and Breakfast Home • Beer, Liquor& Wine Package Sales • Bicycle/Skateboard/Scooter Shop • Blacksmith Studio • Book or Stationery Store • Boutique Hotel as part of the Plaza • Building Material and Hardware Sales, Minor • Business Service • Butcher Shop — (Custom Meat Market) • Camera Store • Candy Store • Candy Shop with on-site production • Castle with adaptive re-use for Residential or any other approved use • Cathedral with adaptive re-use for Residential or any other approved use • Caretaker's/Guard's Residence • Chapel —Wedding Event Center EXHIBIT E Permitted Uses Page 2 of 5 • Children's Theater • Church, Synagogue or House of Worship • Cigar and Tobacco Shop • Civic/Convention Center • Cobbler/Custom Boot Maker Studio • Coliseum (Public Amphitheater) with attached Residences • College, University, Trade, or Private Boarding School • Commercial Amusement, Indoor • Community Centers • Community Gardens • Community Vineyards • Condominium, Residential • Conference Center • Convenience Store with Gas Pumps (See Section 2.7 of this ordinance for specific standards) • Convenience Store without Gas Pumps • Custom Clothier • Dance Hall • Day Care Center, Adult • Day Care Center, Child • Day Care Center, Incidental • Day Spa • Dental Care Office • Department Store • Dormitories in conjunction with Boarding School and/or College • Dress Maker with onsite production • Drug Store/Pharmacy/Compounding • Dry Cleaning & Press-Shop • Electronics Store • Farmer's Market (Indoor and/or Outdoor) • Film Developing & Printing • Firehouse with adaptive re-use into Residential or any other approved use • Flats — Residential • Florist • Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority EXHIBIT E Permitted Uses Page 3 of 5 • Furniture, Home Furnishings and Appliance Store • Glass Blower • Governmental Office • Grocery Store • Gymnastics/Dance Studio • Hardware, Sporting Goods, toys, paint, wall paper • Health/Fitness Center • Health Care Salon • Home Occupation (See Section 2.7 of this ordinance for specific standards) • Hospital • Hostel (up to 40 beds) • Hotel • Household Appliance Service and Repair • Independent Living Facility • Insurance Office • Jewelry Shop/Repair • Laundromat • Locksmith/Security System Company • Massage Therapy, Licensed • Medical Quick Care, Emergency Room • Mini-Storage Facility as Condo-wrap product on Structured Parking • Mobile Food Vendor • Multifamily Dwelling • Multi-Purpose Event Center • Municipal Uses Operated by the City of Corpus Christi • Museum/Art Gallery • Musical Instrument Shop • Novelty or Variety Shop • Nursery, Minor • Nursing Home (Convalescence) • Optical Goods Store • Park or Playground • Performing Arts Center • Pet Day Care with overnight boarding available (Pet Hotel) • Photography Studio EXHIBIT E Permitted Uses Page 4 of 5 • Place of Worship • Police Substation • Print Shop, Minor • Private Club • Private Recreation Center • Private Utility, Other than Listed • Public Water Feature (Lake, Moat, Waterway) • Quick-Care Clinic or other similar Medical Use • Radio Studio • Real Estate Sales/Leasing Office • Recycling Collection Point • Rehabilitation Care Institution • Restaurant or Cafeteria (See Section 2.7 of this ordinance for specific standards) • Restaurant, Drive In (See Section 2.7 of this ordinance for specific standards) • Restaurant/Coffee Shop, Ship-based (See Section 2.7 of this ordinance for specific standards) • Retail Stores and Shops • Retail/Service Incidental Use • Salon • School, Private or Parochial • School, Public • Signature Bridges • Single-Family, Attached Dwelling • Single-Family, Detached Dwelling • Ski Shop • Small Engine Repair Shop (no outside storage) • Spa • Stealth Antenna, Commercial—C • Studio Dwelling • Surgery Center with overnight boarding • Telecommunications Studio with Offices • Telephone Exchange • Temporary Building • Theater, Neighborhood (up to four screens) • Transit Stop (no parking) EXHIBIT E Permitted Uses Page 5 of 5 • Travel Agency — Private Air Charter • Utility Distribution/Transmission Facility • Veterinarian Clinic and/or Kennel, Indoor with overnight Boarding • Wedding Chapel • Wine Bar • Winery EXHIBIT E olCD a mL1J o o N w z Ctf a� mo U O ' W m zZ N �¢M N allo O mea �N a A Z S o U Q Q Q LL 06 MN m C/) Cf) Cf) Cf) _ w w wo wX v � LU U O O Ow D (' m :i W LiiN � g o w ® ® 0 ................... ..........,......,, ,,....,,,, �, .'.::. W ILi n /� -dOg :g — tOZ 'II unp uo gaauaa Zq pai}jpow bmp'suoipia}saHlqb'@H\s}IglxH\00t8\Z19Z0\d(100000\s}oa(oad\:s Page 1 of 3 Required Parking Ratios • Automobile Oil change and Similar Establishments: One (1) parking space per service bay plus one (1) parking space per maximum number of employees on a shift. • Bank, Savings and Loan, or similar Establishments: One (1) space per three hundred and fifty (350) square feet of gross floor area. • Boutique Hotel / Bed and breakfast facility: One (1) space per guest room in addition to the requirements for a normal residential use. • Business or professional office (general): One (1) space per three hundred and fifty (350) square feet of gross floor area except as otherwise specified herein. • Church, rectory, or other place of worship: One (1) parking space for each three (3) seats in the main auditorium. • College or University: One (1) space per each day student. • Community Center, Library, Museum, or Art Gallery: Ten (10) parking spaces plus one (1) additional space for each three hundred (300) square feet of floor area in excess of two thousand (2,000) square feet. If an auditorium is included as a part of the building, its floor area shall be deducted from the total and additional parking provided on the basis of one (1) space for each four (4) seats that it contains. • Commercial Amusement: One (1) space per five (5) guests at maximum designed capacity. • Condominium Residence: One (1) space per unit, plus 1 additional space for each bedroom beyond the second bedroom. • Dance Hall, Assembly or Exhibition Hall without Fixed Seats: One (1) parking space for each four hundred (400) square feet of floor area thereof, as available to be shared with adjacent, full-time users. • Dwellings, Multifamily: One (1) spaces for unit with one (1) and two (2) bedroom units, plus one additional space for each additional bedroom above two (2) bedrooms. • Farmer's Market, Flea Market: One (1) space for each five hundred (500) square feet of site area, as available to be shared with adjacent, full-time users. • Fraternity, Sorority, or Dormitory: One (1) parking space for each two (2) beds on campus, and one and space for each two beds in off campus projects. EXHIBIT G Required Parking Ratios Page 2 of 3 • Furniture or Appliance Store, Wholesale Establishments, Machinery or Equipment Sales and Service, Clothing or Shoe Repair or Service: Two (2) parking spaces plus one (1) additional parking space for each five hundred (500) square feet of floor area over one thousand (1,000). • Gasoline Station: Minimum of three (3) spaces for employees. Adequate space shall be provided for waiting, stacking, and maneuvering automobiles for refueling. • Health Studio or Club: One (1) parking space per four hundred (400) square feet of exercise area. • Hospital: One (1) space per employee on the largest shift, plus one (1) space per each bed or examination room whichever is applicable. • Hotel: One (1) parking space for each sleeping room or suite plus one (1) space for each one thousand (1000) square feet of commercial floor area contained therein. • Kindergartens, day schools, and similar child training and care establishments: shall provide one (1) paved off-street loading and unloading space for an automobile on a through "circular" drive for each twenty (20) students, or one (1) space per twenty (20) students, plus one (1) space per teacher. • Library or Museum: Ten (10) spaces plus one (1) space for every five hundred (500) square feet, over one thousand (1,000) square feet. • Lodge or Fraternal Organization: One (1) space per two hundred (200) square feet. • Medical or Dental Office: One (1) space per three hundred (300) square feet of floor area. Facilities over twenty thousand (20,000) square feet shall use the parking standards set forth for hospitals. • Mini-Warehouse: Four (4) spaces per complex plus one (1) additional space per three hundred (300) square feet of rental office. • Motor Vehicle Repair and Service: Three (3) parking spaces per service bay plus one (1) parking space per maximum number of employees on a shift. • Nursing Home: One (1) space per five (5) beds • Private Club: One (1) parking space for each one hundred and twenty-five (125) square feet of gross floor area. • Retail Store or Personal Service Establishment, Except as Otherwise Specified Herein: One (1) space per three hundred and fifty (350) square feet of gross floor area. EXHIBIT G Required Parking Ratios Page 3 of 3 • Restaurant, Restaurant with a Private Club, Cafe or Similar Dining Establishment: One (1) parking space for each one hundred and twenty-five (125) square feet of gross floor area for stand-alone buildings without a drive- through, and one (1) parking space for each four hundred (400) square feet of gross floor area for restaurants located within a multi-tenant buildings, and one (1) parking space for each one hundred and twenty-five (125) square for stand- alone buildings with a drive-through. • Sanitarium, Convalescent Home, Home for the Aged or Similar Institution: One (1) parking space for each five (5) beds. • School, Elementary, Secondary, or Middle: One and one half (1 '/2) parking spaces per classroom, or the requirements for public assembly areas contained herein, whichever is greater. • School, High School: One and one half (1 '/2) parking spaces per classroom plus one (1) space per five (5) students the school is designed to accommodate, or the requirements for public assembly areas contained herein, whichever is greater. • Single-Family, Attached: One (1) space per unit, plus one (1) space for each bedroom above the second bedroom. • Single-Family, Detached: Two (2) spaces per home. • Theater, Sports Arena, Stadium, Gymnasium or Auditorium (except school): One (1) parking space for each four (4) seats or bench seating spaces. EXHIBIT G <W o <W o ^ m Y J O O �W H 3 U p U & W in W _ cn cn N � O Y W Z W J W a �w a Z zW cn� w O WYW J �'p N 3c-Y QO NQ w3ci' s0 �D m0 o N Of �p aQ QZ Qz m mQ ImO s W 3 ~ J D wz O O cn W M J Z� OD �O 3 3 o W z p Z o i w W Q o o W TZ I o m Y cn< 1 z Cn W s p 3 Q(n T m= i aw o aw o LU 3 J Q Q Q p d - Z OaW O a c-Y U Wo cl, U Z `n 0 0 N= o Ncn O!e o r p o N 0 cn d N Q J CD o Q o Q Z o Q p Y o m Q o m W - m Q J = Z p N U Ld p p W U Z rc W p Q w m Z H Q W ^ ^ o W V O O o o m w 3 3 ~~ cn J_ V ~ m p 3 Q= m F O 3 EXHIBIT I Special sign standards. 1. Subdivision monument signs. Two subdivision monument signs are allowed at each entrance to the Property. The standards for subdivision monument signs are as follows: a) Content is limited to the name and logo of the subdivision. b) The maximum size of each monument sign is 40 square feet; the maximum sign area is 24 square feet; and the maximum height is four feet, measured from the average grade level at the base of the sign to the highest part of the sign. c) Construction materials are limited to stone, cast stone, brick, split face CMU used in conjunction with, or as a border for, stone and cast stone, or other materials approved by the board. d) Sign elements may be carved into the construction materials, may consist of metal elements attached to the construction materials, or may otherwise be displayed in any manner approved by the board. e) All monument signs must have a minimum landscaped area of two square feet for each linear foot of the horizontal length of the sign face unless otherwise approved in the Site Plan. For purposes of landscaping, the horizontal length of double-sided signs is the sum of the horizontal length of both sign faces. 2. Business monument signs (Type 1). Each lot is entitled to one monument sign for each street frontage of the lot. Type 1 monument signs may only include the name and logo of the building and/or the name and logo of business occupants; provided, however, if a business occupant does business under more than one name, the name that does not advertise products or services shall take precedence. The standards for all type 1 monument signs are as follows: a) Length must exceed height. b) Construction materials are limited to stone, cast stone, brick, split face CMU used in conjunction with, or as a border for, stone and cast stone, or other materials approved by the board. c) Sign elements may be carved into the construction materials, may consist of metal elements attached to the construction materials, or may otherwise be displayed in any manner approved by the board. d) If the total floor area of a building is less than 20,000 square feet: (a) the maximum monument size and maximum sign area is 20 square feet; (b) the maximum height is four feet, measured from the average grade level at the base of the sign to the highest part of the sign; and (c) the minimum setback is ten feet, measured from the public right-of-way. e) If the total floor area of a building is 20,000 square feet or more but less than 125,000 square feet: (a) the maximum monument sign size is 40 square feet; (b) the maximum sign area is 24 square feet; (c) the maximum height is four EXHIBIT I feet, measured from the average grade level at the base of the sign to the highest part of the sign; and (d) the minimum setback is 15 feet, measured from the public right-of-way. f) If the total floor area of a building is 125,000 square feet or more: (a) the maximum monument sign size is 60 square feet; (b) the maximum sign area is 36 square feet; (c) the maximum height is six feet, measured from the average grade level at the base of the sign to the highest part of the sign; and (d) the minimum setback is 15 feet, measured from the public right-of-way. g) All monument signs must have a minimum landscaped area of two square feet for each linear foot of the horizontal length of the sign face. For purposes of landscaping, the horizontal length of double-sided signs is the sum of the horizontal length of both sign faces. 3. Business monument signs (Type 2). Each building on a lot is entitled to one monument sign for each street frontage of the lot. Type 2 monument signs may only include the name and logo of the building and/or the name and logo of business occupants; provided, however, if a business occupant does business under more than one name, the name that does not advertise products or services shall take precedence. The standards for all type 2 monument signs are as follows: a) Signs may be located within roadway landscape zones. b) Length must exceed height. c) Construction materials are limited to stone, cast stone, brick, split face CMU used in conjunction with, or as a border for, stone and cast stone, or other materials approved by the board. d) Sign elements may be carved into the construction materials, may consist of metal elements attached to the construction materials, or may otherwise be displayed in any manner approved by the board. e) Maximum sign size is three feet high and six feet long regardless of building size. f) Each monument sign must be parallel to the street and placed no closer to the street than the "build to line" for the applicable street. Where no "build to line" is established, the PD Site Plan will regulate location. g) The space between the sign and the building must be landscaped unless otherwise approved on the Site Plan. h) Signs must not significantly block the flow of pedestrians on the sidewalks. 4. Business group monument signs. Monument signs shall provide signage for a group of businesses. "Group sign areas" shall be designated. a. A group sign area is any contiguous area (excluding streets, other rights-of- way, and public areas) designated as such by all the owners thereof (using a metes and bounds description). The designation can be made at any time prior to or concurrent with the submission of a site plan for the area. EXHIBIT I b. Each group sign area is entitled to one group monument sign for each primary entrance of the group sign area. Group monument signs may only include the name and logos of buildings and/or the name and logo of business occupants; provided, however, if a business occupant does business under more than one name, the name that does not advertise products or services shall take precedence. The standards for group monument signs are as follows: i. Signs may be located within any required front yard. ii. Construction materials are limited to stone, cast stone brick, split face CMU used in conjunction with, or as a border for, stone and cast stone, or other materials approved by the board. iii. Sign elements may be carved into the construction materials, may consist of metal elements attached to the construction materials, or may otherwise be displayed in any manner approved by the board. iv. If the total floor area of all buildings within the group sign area is 20,000 square feet or more but less than 125,000 square feet: (a) the maximum monument sign size is 40 square feet; (b) the maximum sign area is 24 square feet; (c) the maximum height is four feet, measured from the average grade level at the base of the sign to the highest part of the sign; and (d) the minimum setback is 15 feet, measured from the public right-of- way. v. If the total floor area of all buildings within the group sign area is 125,000 square feet or more: (a) the maximum monument sign size is 60 square feet; (b) the maximum sign area is 36 square feet; (c) the maximum height is six feet, measured from the average grade level at the base of the sign to the highest part of the sign; and (d) the minimum setback is 15 feet, measured from the public right-of-way. c. All monument signs must have a minimum landscaped area of two square feet for each linear foot of the horizontal length of the sign face. For purposes of landscaping, the horizontal length of double-sided signs is the sum of the horizontal length of both sign faces. 5. Retail facade signs. Each building on a lot is entitled to wall signs. Wall signs may only include the name of the building and/or the name of business occupants; and if a business occupant does business under more than one name, the name that does not advertise products or services shall take precedence. The standards for all business facade signs are as follows: a. No limit on letters up to four inches high. b. Signs can be placed on any building facade, but not above the roof line. c. Except as provided (g) below, the maximum aggregate sign area of all signs on a building is four percent of the aggregate area of all street facing building facades. EXHIBIT I d. Except as provided in subsection (g) 3 below, the maximum aggregate sign area of all signs on any one building facade is four percent of the area of the building facade. e. The maximum aggregate sign area of all signs advertising any one business is the lesser of (a) 180 square feet or (b) the greater of 20 square feet or four percent of the street facing building facade occupied by such business. Each business that occupies any portion of a street facing building facade shall be entitled, as a minimum, to one 20 square foot sign notwithstanding the aggregate limits set forth herein. f. Signs must be architecturally consistent with the buildings to which they are attached. 6. Large retail facade signs. Each business occupant that occupies at least 25,000 square feet of gross leasable area is entitled to facade signs attached to the facades of the building. Facade signs may only include the name and logo of the building and/or the name and logo of the business occupant, and if a business occupant does business under more than one name, the name that does not advertise products or services shall take precedence. The standards for all big box retail facade signs are as follows: a. No limit on letters up to four inches high. b. Signs can be placed on any building facade, but not above the roof line. c. The maximum aggregate sign area of all signs advertising one business is the lesser of (a) 260 square feet or (b) the greater of 40 square feet or four percent of the street facing building facade occupied by such business. d. Signs must be architecturally consistent with the buildings to which they are attached. 8. Building identification and directory signs. Each commercial building on a lot is entitled to identification and directory signs attached to the facades of the building. Identification and directory signs are not restricted to the name and logo of the business occupant. The standards for all identification and directory signs are as follows: a. No limit on letters up to four inches high. b. Each building is entitled to one directory sign (not to exceed six square feet) at each main building entrance. c. Each building is entitled to one building identification sign (limited to the name of the building) on each street facing building facade. The maximum sign area of each building identification sign shall be 24 square feet. Building identification signs may be placed above the first floor spandrel, but not above the roofline. d. Signs can be placed on any building facade. e. Signs must be architecturally consistent with the buildings to which they are attached. 9. Business projecting signs. Within each building each business occupant with a first floor business or an upper floor business that can be accessed directly by EXHIBIT I exterior stairs is entitled to one projecting sign attached to the facades of the building where the entrance is located. Projecting signs are not restricted to the name and logo of the business occupant. The standards for all business projecting signs are as follows: a. Signs can be placed on any building facade, but not above the first floor spandrel. b. No sign may project more than five feet from a building facade. c. The maximum sign area is 12 square feet; the maximum height is three feet. d. All signs must have a minimum vertical clearance of eight feet above the sidewalk. e. Signs are intended to be primarily graphic, and must have graphics or copy on both sides. 10. Business awning signs. Each first floor business occupant or business occupant with a first floor entrance within a building, which business or business entrance has an awning, is entitled to awning signs. Awning signs will be a part of or applied to an awning, which is attached to the facades of the building. Awning signs are not restricted to the name and logo of the business occupant. The standards for all awning signs are as follows: a. Signs can be placed on any awning projecting from the building, but not above the first floor spandrel. b. The maximum sign area is eight square feet. c. All awning signs must have a minimum vertical clearance of eight feet above the sidewalk. d. Signs are intended to be primarily graphic. 11. Business hanging signs. Each first floor business occupant or business occupant with a first floor entrance within a building is entitled to one hanging sign suspended from the canopies, colonnades or covered passages of the building. Hanging signs are not restricted to the name and logo of the business occupant. The standards for all hanging signs are as follows: a. Signs can be suspended, so long as perpendicular to the building facade, from canopies, colonnades or covered passages on any building, but not above the first floor spandrel. b. Signs suspended from canopies and colonnades must be centered in the canopy or colonnade from which they are suspended; signs suspended from any covered area between two buildings may not project more than four feet from a building facade. c. The maximum sign area is four and one-half square feet. d. Maximum height is 18 inches; maximum width is 36 inches; maximum thickness is three inches. e. All signs must have a minimum vertical clearance of eight feet above the sidewalk. f. Signs are intended to be primarily graphic, and must have graphics or copy on both sides. EXHIBIT I 12. Business window signs. Each first floor business occupant or business occupant with a first floor entrance within a building is entitled to window signs painted or applied to the glass surface of the first floor windows. Window signs are not restricted to the name and logo of the business occupant. The standards for all window signs are as follows: a. Signs can be placed on the glass surface of street facing windows, but not above the first floor spandrel. b. The maximum sign area is 12 square feet. c. The maximum height of each sign is two feet. d. Signs are intended to be primarily graphic. 13 General directional signs. Directional signs are allowed on property (whether platted or not) adjacent to the intersection of two streets. The standards for directional signs are as follows: a. The sign must be a monument sign and may be located within roadway landscape zones, within public rights-of-way (including street medians), and within any required front yard or as approved on the Site Plan. b. Construction materials are limited to stone, cast stone, brick, split face CMU used in conjunction with, or as a border, for stone and cast stone, or other materials approved by the board. c. Sign elements may be carved into the construction materials, may consist of metal elements attached to the construction materials, or may otherwise be displayed in any manner approved by the board. d. Content is limited to words and arrows the only purpose of which is to direct vehicle traffic to "generic" destinations such as "Town Center", "Civic Center", "Recreation Center", "Performing Arts Center", "Equestrian Center", "Lakeside", "Playground", "Hospital', "Library", "Museum", "Country Club", "Sports fields", and other similar terms that generally describe the destination. e. The maximum sign area is eight square feet, and the maximum height is four feet, measured from the average grade level at the base of the sign to the highest part of the sign. There is no minimum setback. f. There is no limit on the number of directional signs. EXHIBIT I ca ca Lu m woso p a Gk'a olp, a a cnfti P'- ' q ����l���.� III I I I70t7 x � 1,ti��" 4 LL QLr m . ..mow ti ., ° k4 II. 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CL OD �a Q > V � D PLANNING COMMISSION FINAL REPORT Case No.: 0614-04 HTE No. 14-10000026 City Council Hearing Date: July 29, 2014 a Applicant: Blackard Global a — .o Owner: Apex Golf Properties Corporation 6 0 a Subject Property Legal Description/Location: Being 57.75 acres comprised CL� 5 of a portion of Tract 1, The Pharaohs Country Club and all of Block 3, Pharaoh Q°a w Valley Northeast, located on Ennis Joslin Road (Spur 3), Pharaoh Drive, and McArdle Road. Request: A rezoning to add a Planned Unit Development Overlay to the subject property's existing zoning districts of "RS-6" Single-Family 6 District and "RS-10" Single-Family 10 District ' Cr o Area: 57.75 acres 0 Purpose of Request: To redevelop a portion of the closed Pharaoh Valley's private golf course with a unique high-quality mixed-use development consisting of single-family, multifamily, office, and commercial uses. Existing Zoning Existing Land Use Future Land Use District Site "RS-6" & "RS-10" Private Golf Course Park & Low Density Single-Family Residential c �a North "RS-6" Single-Family & Low & Medium Low & Medium to "RM-1" Multifamily Density Residential Density Residential "RS-6" & "RS-10" '� to 0South Single-Family, Low & Medium Low & Medium C "RS-TF" Two Family, & Density Residential Density Residential "RM-1" Multifamily y "RS-6" Single-Family & Vacant & W East "CG-2" General Low & Medium Low & Medium Commercial Density Residential Density Residential Private Golf Course Low Density West "RS-6" Single-Family and Single Family Residential & Private Golf Course Area Development Plan: The subject property is located within the boundaries of the Southeast Area Development Plan (ADP) and is planned for park uses due to the land being intended as a golf course. The proposed Planned Unit M c Development Overlay is not consistent with the Future Land Use Plan's designated land use. However, policies in the Comprehensive Plan support a o redevelopment of underutilized or sustainable usage to higher density Qsustainable usage. Therefore, the proposed development should be considered generally consistent with the Comprehensive Plan. Zoning Violations: None Case#0614-04 Blackard Global Page 2 of 8 Transportation and Circulation: The Barisi Village Project is expected to generate 1 ,434 additional peak-hour weekday AM trips and 1,618 additional PM peak hour weekday. The estimated PM trips exceed the City's threshold. Based on a review of the Level 2 Traffic Impact Analysis, the Assistant City Traffic Engineer has made the following findings and recommendations: The Assistant City Traffic Engineer finds that: • The Barisi Village Project as a Planned Unit Development (PUD) will generate 1,618 additional weekday PM peak hour trips. A Level 2 Traffic Impact Analysis is required by Unified Development Code. • The existing adjacent street network can handle the request for a zoning change. • The installation of a new traffic signal is required on Ennis Joslin Road at Driveway "Al." • The installation of stop signs are required for Driveways "B1" and "Cl" on the minor street approaches. • The analysis did not include pedestrian and bicycle counts. • The analysis included only the number of beds for the Texas A&M University-Corpus Christi Momentum Campus. ° The Assistant City Traffic Engineer recommends- 0 CL ecommends:°a • The Planning Commission accepts the Barisi Village Project Traffic Impact Analysis as one component of several planning factors considered in a request for change of zoning. • The City of Corpus Christi accepts the recommendations and findings in the Barisi Village Project Traffic Impact Analysis once the following are addressed: • Intersections have a standard Level of Service "D" (LOS D) or better. • Texas Department of Transportation (TXDOT) review and concurrence of the analysis. • The analysis should include pedestrian and bicycle counts. • The analysis should include more accurate counts for the Texas A&M University-Corpus Christi Momentum Campus. • Demonstration of coordination of signal timing with the City of Corpus Christi and TXDOT. • The Developer incorporates the recommended traffic improvements into the PUD. • The City analyzes and provides traffic signal coordination on Ennis Joslin Road from South Padre Island Drive (SH 358) to Ocean Drive. • Concurrence of findings and recommendations from City Traffic Engineer with approval. Case#0614-04 Blackard Global Page 3 of 8 Urban Proposed Existing Traffic Street Transportation Section Section Volume Plan Type Ennis Joslin 100' ROW 90' ROW 17,000 p Road A-2 Divided 54' paved width; 54' paved width; ADT d (Spur 3) Arterial 16' median 16' median (2012) McArdle 75' ROW 60' ROW 97000 Cn Road C-3 Collector 50' paved 24' paved ADT (2012) Pharaoh C-1 Collector 60' ROW 60' ROW Not Drive 40' paved 28' paved Available Staff Summary: Requested Zoning: The applicant is requesting a rezoning to allow the addition of a Planned Unit Development Overlay (PUD) to the subject property's existing zoning districts, which are the "RS-6" Single Family 6 and "RS-10" Single Family 10 Districts. The proposed PUD is intended to allow a mixed-use, pedestrian-oriented development with residential, office and commercial uses. The proposed rezoning area includes the east 58 acres of the existing golf course fronting Ennis Joslin Road. The remaining acreage of the golf course to the west will remain as a golf course. Development Plan: The applicant's proposed development, called "Barisi Village," proposes to take the best features of a pre-1900s "European Village" and create an upscale, high-quality, high-density development with a compatible mix of residential and commercial uses. A key feature of Barisi Village will be a public plaza to create a community gathering space and bring unique sense of place to the development. Some of the redevelopment concepts provided by the developer's PUD (see attachment) for Barisi Village are paraphrased below: • To mimic naturally efficient pedestrian patterns found in European Villages • To create a high quality street and sidewalk environment conductive to pedestrian mobility • Developments within this large site have excellent connectivity with an attractive streetscape and which "creates a cohesive visual identity." • Provision of housing options for all ages. Key design elements of the redevelopment include: • Centrally located urban village • Pedestrian-oriented design of buildings and streets/sidewalks • Centrally located parking • Use of structured parking Case#0614-04 Blackard Global Page 4 of 8 • Varity of building sizes and shapes • Orientation of buildings to other buildings and the street • Multiple building faces (four-sided building design) The intent of the proposed PUD ordinance is to provide the minimum necessary requirements to "...allow enough flexibility for creative building solutions, while being prescriptive in areas necessary to preserve consistency throughout the development." The applicant estimates that at full build-out Barisi Village will contain over $350 million of ad valorem value. The applicant's estimated values and uses for final build-out are listed below: Barisi Village Final Density Caps and Unit Counts: Unit Count Description 200 Fee-Simple Villas 1,200 Units of Multifamily 1 Clubhouse, Training Facility, Pool, Tennis, Sand Volleyball 1 9-Hole Golf Course 120 Room Boutique Hotel 2-49 Removed at request of Applicant 200 Units of Assisted Living/ Skilled-Nursing 450 Independent Living 120 Bed Memory Care facility on the water 120,000 Square Feet Retail, Restaurants, Shops 80,000 Square Feet Office, Medical Office, Rehab Center The table on the following page is a comparison of the proposed PUD development standards and the Unified Development Code (UDC) standards of the "RS-6" Single- Family, "RS-10" Single-Family, and "CBD" Downtown Commercial Districts. The table below is intended to provide an overall general summary of major differences by comparing conventional zoning with the non-conventional techniques proposed by the PUD. Case#0614-04 Blackard Global Page 5 of 8 Design Standards Comparison "RS-6" Less, More Single- "RS-10" or Equally Minimum Dimensions Family Single-Family Proposed PUD Restrictive District District than District Standard Single Single Family Single-Family, Uses Family (SF) (SF) Multifamily, Less Commercial Minimum lot area 6,000 sq. ft. 10,000 sq. ft. 1,200 sq. ft. Less Minimum SF House none none 1,200 sq. ft. More size Minimum lot width 50 ft. 85 ft. none Less Minimum Street Yard 20 ft. 20 ft. none Less Side Yard 5 ft. 5 ft. 0 ft. Less Rear yard 5 ft. 5 ft. 0 ft. Less Open sace 30% 30% 20%* Less 2 stories on Maximum height 35 feet 35 feet perimeter; Less 5 stories in village core "CBD" Less or Downtown Proposed More Minimum Dimensions Restrictive Commercial PUD District than District Standard Residential, Single-Family, Uses Office, Multifamily, Less Commercial Office, Commercial Minimum lot area 0 ft. 400 sq. ft. More Minimum lot width 0 ft. none Equal 0 ft. and Equal and Minimum Street Yard 0 ft. 0-10 ft. along More main street Side Yard 0 ft. 0 ft. Equal Rear yard 0 ft. 0 ft. Equal Open space 0% 20%* More 2 stories on Maximum height None perimeter; Less 5 stories in village core Case#0614-04 Blackard Global Page 6 of 8 Design Standards Comparison continued ROW width 50 ft. 24 ft. to 60 ft. Less Pavement width 28 ft. 24 ft. to 40 ft. Less Architectural Standards none Yes More Four-Sided Building none Yes More Design** Massing Changes none Yes More Mid-Block Pedestrian No Yes More Pass Throughs Less due to Parking Varies by Varies by walkability and shared Use Use parking arq ages *Open space for RS Districts is by lot; Open space for the PUD is the overall open space on the entire site (includes land and water). **Four-sided building design requires all four building sides contain same architectural materials, detailing and features. Existing Land Uses & Zoning: The subject property is generally surrounded by single family and multifamily uses and zoning. Single Family zoning includes areas zoned for 6,000 square foot and 10,000 square foot lot minimums. Townhouse uses and zoning exists south of the property along with multifamily uses and zoning. To the northeast and east the subject property abuts multifamily uses with a combination of multifamily zoning and commercial zoning that is used for multifamily uses. 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 located within the boundaries of the Southeast ADP and the proposed rezoning is not consistent with the adopted Future Land Use Map, which designates the property for a recreational use. Although, the proposed use does not match the use on the Map, it should not be misconstrued to suggest that the proposed use is necessarily inconsistent with the goals and policies of the City's Comprehensive Plan. The proposal for redevelopment appears to be consistent with the overall goal of the Southeast ADP: "...to protect the predominantly stable residential neighborhoods and to promote the efficient development of underutilized and remaining vacant land in the Area." Case#0614-04 Blackard Global Page 7 of 8 Most of the eight plan development objectives pertain to the proposal including Objective F.: "Encourage a well-integrated development plan that protects existing residential neighborhoods when conversion of residential use to higher intensity use occurs." For these reasons, staff is of the opinion that the proposed rezoning is consistent with the overall intent of the City's Comprehensive Plan. Department Comments: • Staff believes that the closure of private golf course approximately four years ago, after the owner attempted to sell the golf course for a period of three years prior, suggests that a golf course use is not sustainable and that another type of use for the property is warranted. • The proposed development plan contains a 100-foot open space buffer between the existing residential neighborhood and the proposed mixed-use development. The buffer will mitigate negative impacts normally associated with placing higher intensity uses next to low intensity uses. Additionally, the applicant has worked with the neighborhood to identify height restrictions that increase compatibility with the single-family neighborhood. • The proposed development, when completed will offer a style of housing type that is not currently available in the City. The development will also require a common architectural theme with specific design requirements. • Staff believes this rezoning will be beneficial to the surrounding neighborhood by offering shopping, services and office space within walking distance of the surrounding neighborhood. • Staff also believes that the proposed development contains higher standards pertaining to building materials and design than required with standard zoning and building. The resulting higher design standards should create development that will be a benefit to community by offering housing choices not currently available, creating a sustainable adaptive reuse of the property and enhancing the City's tax base. • Staff agrees with the development standards proposed by this PUD and contained in the attached PUD ordinance. • The deed restrictions for Pharaoh Valley currently limit the use of the subject property to a "Country Club and any improvements which might be used in connection therewith, such as storage barns, club house, golf course, swimming pool, tennis courts, or improvements consistent with such use." • The applicant collected petitions from Pharaoh Valley property owners to modify the existing deed restriction to allow the proposed development. The applicant is seeking a judge's decision on the matter, which could take time to accomplish. Case#0614-04 Blackard Global Page 8 of 8 • Based on a review of the Barisi Village Traffic Impact Analysis (TIA), the Assistant City Traffic Engineer says the area street capacity is sufficient and recommends traffic improvements, including a traffic signal on Ennis Joslin Road (Spur 3) at Driveway "Al" and additional stop signs. • City Traffic Engineer will review findings and recommendations and approve the final TIA. Planning Commission and Staff Recommendation (July 2, 2014): Approval of the rezoning to add the Planned Unit Development Overlay to the subject property's existing zoning districts of"RS-6" Single-Family 6 District and "RS-10" Single- Family 10 District. Number of Notices Mailed — 214 within 200-foot notification area., 4 outside notification area 0 As of July 3, 2014: In Favor 23 inside notification area 0 1 outside notification area a � 0 Z In Opposition 8 inside notification area For 2.9% in opposition. 0 outside notification area Attachments: Location Map (Existing Zoning & Notice Area) Traffic Generation Traffic Impact Analysis Proposed Driveway Map " a A Q N OL 11,90 96 19`20 ,`y ti N O 671 2 75 23 3 53!84 M 6Ln"83VW39 93 0 94 N N J ^1 — M 24 ti 86 88 " N N 49 ti M M e 38 7 h N Z a 64 M 6 a ry N M 0 66 M 25 42 " " M 'D y N ,& M 85 32 100 5 78 N a ... `" 12 /- 98 M 34 30 50 R M 1 `26 M M 97 35 51 77 50 79 h 22 ,Ny 56 31 41 M Q e ti 99 R N 48 a q 62 O 36 " 63 a 10 " O N 71 ,Ny N 17 0 47,My 29 R$ 1r0 N � N N h ,74 N 13 N � —N 45 m " O 37 27 N " " Q72 R " " 15 ..0 82 C G- 2 N N " 21 " 2... 76 44 4> . 44. , 4 73 S/".1 V 7- 0 2 0 5 980,58,43T"44 g�8}O 3 ♦7 a M N 691-819 z N " RM- 1 �RS- TSF 1 SUBJECT ILA; 7 M " ���' A qRp�, z Q" F•R PROPERTY z R M-. 1 O Date�ei�'ated:6/3/2014 Q !7 A �O.OJQ 800 Prepared By:LARRYF Feet Department of Development Services v " CASE: 0614-04 ZONING & NOTICE AREA SUBJECT q� PROPERTY 1f��4 RM-1 Multifamily 1 IL Light Industrial ry RM-2 Multifamily 2 IH Heavy Industrial cc RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 4pR�c� RM-AT Multifamily AT RS-6 Single-Family 6 CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 OAR CN-2 Neighborhood Commercial RS-TF Two-Family CR-1 Resort Commercial RS-15 Single-Family 15 Cay CR-2 Resort Commercial RE Residential Estate "' a e/0 0 CG-1 General Commercial RS-TH Townhouse CG-2 General Commercial SP Special Permit IIIIII Cl Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial RMH Manufactured Home z CR-3 Resort Commercial � FR Farm Rural N H Historic Overlay BP Business Park W, H0� ...... i Subject PropertyO Owners / o City Of with 200'buffer in favor 3 City US 4 Owners within 200'listed on v Owners LOCATION MAP R���F Christi attached ownership table /�in opposition 0 = z e 0 m e z e \ $ \ ~ \ % $ % co Q)} 2 \ > I V) � ƒ 0 0 � e » » = 0 » z z o tao Ln e e e m � � e e e � � _ / § e m e > $ ) < k m � 0 e � 00 00 � c § / \ / % \ $ / 7 % % % 2 e e e e e z a \ < C E g 7 = ± \ $ $ / % / % \ \ % 3 / / ƒ \ d 3 « d 0 0 0 w w L > R \ § = E / \ ± q / \ / \ / J 0 « « 0 0 0 0 0 e c ( > ) / \ « I V _ \ _ / % \ / % \ \ \ ¥ J a w $ a « w % § / 2 < § z > / 0 m m 0 0 0 It � z 0 0 / 2 ( = q % $ \ / q \ \ \ q % 2 § •2 < / R u \ ± / E { \ \ f \ \ \ 7 f f f = E / E E { E { { .E Lu f \ \ ± \ \ ± ± ' » R R = o / / \ R \ _ = 2 § § 2 2 z I � � = 2 = z z z 0 / m 0 0 0 \ \ 0 / \ 0 0 % _ ƒ ~ % % e � r e 0 0 / _ -0 o = m � = e G 0 2 z \ / 7 / 3 } E k k 2 = J E = e z = & } '� o .c = G \ % ° o # < e g / 2 » L E m > % k ƒ c / E e ) _ / E \ @ / _ % \ \ ± - o ; _ ( \ » 2 S 2 \ 2 s e .J % $ 2 Z E \ \ ; j \ e \ \ _ E@ [ = s u ° E > s LL u \ k \ 0 \ 7 m E w « $ 7 \ S � \ m § = > 2 2 ƒ3 f } / / \ ƒ \ u } 2 2 e m z e » = e 0 % % d z ca ca Lu m woso p a Gk'a olp, a a cnfti P'- ' q ����l���.� III I I I70t7 x � 1,ti��" 4 LL QLr m . ..mow ti ., ° k4 II. Q � V BARISI VILLAGE PR 'CT TRAFFIC IT ANALY Corpus Chris Texts �l/ PRELIMINARY REVI f%,/�FINAL DRAFT PENDING / TxDOT APPROVAL Prepared ' er the direct not MALDON TT TBPE Reg RAMON H.MALDONADO JIZ b763 % 07/18/1 Prepared by: Maldonado-Burkett Intelligent Transportation Systems, LLP Corpus Christi, Texas 2014 as ��*�A"O�OUMKM '"`"^===II `° Table of Contents Llntroducdon-------------------------------------------' | A. -------------------------------. --- | B --- | U and Proposed Zoning (Land Use) ---2 ASite Area ---2 B .. ................... ---2 C --- ---2 UJ . 9bm............................................. ............................................. ---3 A .................................'3 B.Du1uUsed for Intersections Anuy| -----------'4 _-_,_'--_--'-, Improvements.................... -----------' 8/ lmnuot -----------'6 ATrip Generation -----------'6 _.----g'---- _', -'-_'---_ -----------' C.N -----------'7 QLuvu| -------------------7 VTruffio -------------------y A .........................................................................y B ------------------------.9 001011111 Wa lication-Including i veway"\|"Traffic................................. |0 -----------------------------' || VI Conclusions an comme ations -----------------------------' |2 Traffic Impact Analysis-July 2014 ii BarioiVillage Project as ��*�A"O�aumwffl '"`"^===II `° List of Exhibits Exhibit | —Location Map........................................................................................................................... |4 Exhibit2— Site Plan ................................................................................................................................... |5 Exhibit3 -20|2AADT.............................................................................................................................. |6 Exhibit 4—Existing� PuukHour Volumes................................................................................................... |7 Exhibit5 Trip Generation Peak Hour Volumes --. |8 Exhibit6 Projected PukHourV bunu (2019) ....... |9 Exhibit7 Study Locations 820 Ezhdbd8—�zi | Transportation System 21 List of Tables Table Traffic Distribution ........................................... .--.23 Table 2—Definition of Level of Service for Signalized I tions......... ..........................................24 Table 3 LOS for Signalized Intersections Existing -------------.25 Table LOS for Signalized Intersections Background -------------.26 Table 5 LOS for Signalized Intersections -------------.27 Table 6 L08 Criteria for Stop 828 Table LOS hvVolume Ratio ---------------'28 Table LOS for ---------------------.29 Table LOS for ---------------------.30 Table 10 LOS for 20|01--------------------3| Appendix 0TTl8Trip Generation ----'��--------------------------'�� 0TTl8 --------------------------------.34 _ ________________________________*35 ---....---------------------------------.36 -------------------------------------'70 Crush -------------------------------------'98 Traffic Signal ysis------------------------------------- |00 Traffic Impact Analysis—July 2014 iii BarioiVillage Project as M..Aa. *�Auu.muewnrm ..........W v nw11P I. Introduction A. Purpose Maldonado-Burkett Intelligent Transportation Systems, LLP (MBITS) has been retained by Blackard Global (the Client) to perform a Level 2 Traffic Impact Analysis (TIA)for the Barisi Village Project. The project site is locat the facility formally known as Pharaoh's Golf Club and immediately adjacent xas A&M University — Corpus Christi existing campus on Spur 3 (Ennis Jos ' ad). The Barisi Village Project is bound by McArdle Road on the south and n the north. As part of the Level 2 TIA,the study boundary included all si zed in ions,frontage roads and all un-signalized collector or higher interse s within 1.0 the site property line. The City of Corpus Christi and the Texpartmen t of Transporto xDOT) are requiring this TIA to evaluate impact e Barisi IleDevelopment. The purpose of this study is to address the traffi tra ation impacts of the proposed development on the adjacent roadway ne d recommend any capacity related improvements. The specific objectives oft were to determine the existing and future Levels of Service ( 1 elected stu sections on Spur 3 (Ennis Joslin Road), State Highway 358 n Pharao d, Nile Road, McArdle Road, and Rodd Field Road (SH 3 ����� B. Methodolo The traffic s comp of AM and/or PM Peak Hour LOS analyses. This include existing ditions, ing conditions, and 2019 projection. For all State high both AM PM Peak r studies were completed for the signalized and un-si ed int �, as accomplished via Passer V software. All of the in o s com n accordance with Trip Generation, 9th Edition, hway ty Manual 2010, a LOS Standard-D, and a build out year of 2019. a clo ed application for traffic and transportation engineers who need to perfor is im ssessments. Featuring data from over 5,500 studies included in the 9m E Instit e of Transportation Engineering (ITE) Trip Generation Manual, OTISS is t ost complete trip generation and analysis tool available today with 24 ,ty. OTISS software was used for the AM and PM Peak Period Analysis V-09 is the latest in the PASSER series of programs developed by Texas ortation Institute (TTI)for timing arterials and signalized diamond interchanges. It has a graphic user interface that is integrated with the best optimization technologies currently available. Although the program focuses on the coordination of two or more signals on a linear arterial, it also provides basic features to analyze and time isolated signals. PASSER V can develop signal timings to maximize progression or minimize system wide delay. Its traffic simulation can analyze under saturated and oversaturated traffic conditions along signalized arterials. Traffic Impact Analysis—July 2014 1 Barisi Village Project as M..Aa. *�ADOa OueKnrm ..........W v nw11P IL Existing and Proposed Zoning (Land Use) A. Site Location/Study Area This TIA studies the potential impacts of the Barisi Village Development. The project site is located on the facility formally known as Pharaoh's Golf Club and immediately adjacent to Texas A&M University — Corpus Christi existin pus on Ennis Joslin Road. The Barisi Village Project is bound by McArdle n the south, Nile Road on the west, and Ennis Joslin on the east. See Exhibit location map within the City of Corpus Christi. See Exhibit 2 for Site Plan. B. Existing Zoning The proposed Barisi Village Developmen ently has no acce Ennis Joslin, McArdle Road or Nile Road. The curre e consists of approxima X26 acres of �I abandoned golf course. Barisi Vill ill only using 57.75 acres for this development. See Exhibit 3 for Curren T (2 C. Proposed Zoning The planned development Jude the folio acilities: • 200 dwelling units im� • 1,200 dwelling units I�I�IIh�� • 4,500 square feet of C o raimng� cihty • 9 hol urse • 20 fisted g/skille sing units • senior in ndent liv nits 0-bed in acili • 00 °; restaurants, or shops • 8 , are feet of office medical office, or rehab center 120- utique hotel The Villa p�elopment will have three access points. Two will be located on Ennis Jo and o ""'on McArdle Road. Exhibit 4 identifies the locations of the proposed ways with existing peak hour volumes. Exhibit 5 illustrates the ultimate proposed lopment concept as provided by the Client and includes the recommended drivewa tions. Exhibit 6 illustrates the projected volumes for(2019). Traffic Impact Analysis—July 2014 2 Barisi Village Project as M..Aa. *�ADOa SueKnrm ..........W v nw11P III. Transportation Plan A. Existing Roadway System The existing roadway network within the study area includes the following signalized intersections: • Intersection 4: SH 358 E&W bound Frontage R nnis Joslin Road • Intersection 5: Ennis Joslin Road/McArdle R ity Programmed Signal) • Intersection 7: Ennis Joslin Road/Nile Dri • Intersection 9: SH 358 E&W bound Fr e Ro dd Field Road • Intersection 10: Rodd Field Road/W' 'kms Drive • Intersection 12: SH 358 E&W b rontage Roads ive The existing roadway network within tudy area includes th lowing un- signalized intersections: • Intersection 6: Ennis Joslin ha rive • Intersection 8: SH 358 East bo age Road/Lexington Road • Intersection 11: dd Field Road dle Road • Intersection 13. e/Williams • Intersection 14: r i le Dri See Exhibit 7 for study locat See Exhibit 8 f fisting Tra n System. There are ral ma oadway hin the study area. The following is a description descri e existi conditions June 2014. SH a ronta "�" ne frontage roads providing regional access in Corpus i frontag rovides access to SH 358 and intersects Ennis Joslin d. The d speed limit on the frontage road is 50 mph. n 911.1in a four-lane divided highway, with a raised median containing left turn la urb a tter, and bike lanes. The street runs generally in a north-south direction e east ide of development and runs perpendicular to SH 358 providing access fro 358 to Ocean Drive. The posted speed limit is 45 mph. oad is a two-lane undivided street that runs generally in a north-south located to the south-west of the project area and intersects SH 358. The eed limit is 30 mph. Ni rive is a two-lane undivided street that runs generally in a north-south direction and is located to the west of the project area and intersects at SH 358 and Ennis Joslin Road. The posted speed limit is 30 mph. McArdle Road is a two-lane undivided street that runs in an east-west direction and is located to the south of the project area and runs parallel to SH 358 and intersects Ennis Joslin Road. The posted speed limit is 30 mph. McArdle Road is currently under construction. Traffic Impact Analysis—July 2014 3 Barisi Village Project as M..Aa. *�Auu.muewnrm ..........W v nw11P Williams Drive is a two-lane undivided street that runs in an east-west direction and is located to the south of the project area and runs parallel to SH 358 and intersects Ennis Joslin Road. The posted speed limit is 30 mph. Williams Drive is under construction. Lexie-ton Road is a two-lane undivided street that runs in an north-south direction and is located to the south of the project area and intersects SH 358 Eastbound Frontage Road. The posted speed limit is 30 mph. B. Data Used for Intersection Analysis 1. Ennis Joslin @ Sandpiper/Al �� City provided count data and Trip Gener Manu 2. Ennis Joslin@ B 1 to Used Cit provided count data an Generation Manu Y P 3. McArdle @ Sandstone/C 1 �� �IIUI�i Intersection was closed for c ction. Used city provided count dat Sand and Trip Generation Manual. 4. SPID @ Ennis Joslin Collected AM& PM Peak hour ha nts. New apartment d ent south o were not included in this study. 5. Ennis Joslin @ Mc Used City provide n 10 6. Ennis Joslin @ Phara Used C' rovided c 7. Enn* Nile ity p ed coup ta. 8 @ Lex' on Collecte ea ur hand counts. 9. AM& PM Peak Hour hand counts. Co n Rodd Field SB were hindered due to McArdle Road closure. Unde traction 1 d Fie Williams ected & PM Peak Hour hand counts. Williams was under c ruction. (Open to traffic) Field @ McArdle d city provided count data. ntersection was closed for construction. SPID@ Nile Collected AM& PM Peak Hour hand counts. Counts on Nile SM were hindered due to McArdle Road Construction. 13. Nile @ Williams Collected PM Peak Hour hand counts. Williams was under construction. (Open to traffic) 14. Nile @ McArdle Used city provided count data. Traffic Impact Analysis—July 2014 4 Barisi Village Project as M..Aa. *�ADOa SueKnrm ..........W v nw11P WB McArdle closed (Under construction). C. Proposed Roadway Improvements The following are new proposed driveways within the study area: • Intersection 1: Ennis Joslin Road with Driveway"Al"/Sandpiper Drive for Barisi Village. • Intersection 2: Ennis Joslin Road with way `B1" for Barisi Village. • Intersection 3:McArdle Road with D ' 1"/Sandstone Drive for Barisi Village. Intersection 1: Will consist of four lanes an e as the mai ce to the Barisi Village Development. One-lane coming i e development and -lanes exiting the development. The three- lanes will st of two left turn lanes a ne lane that will serve as a combination thru-righ lane. A osed right turn lane should be constructed from Ennis Joslin to Driv "Al" g southbound. A proposed left turn lane should be constructed from Enm Driveway "A1" going northbound. It is recommended this be a signalized inters Intersection 2: Will con lanes and as a minor access point to the development. One lane wi ry t-turn o exiting the site southbound on Ennis Joslin with one lane e ng. Intersection 3: 1 consist anes and erve as a minor access point to the developme � e co mi to the development and two-lanes exiting the develop The t lanes wi nsist of one dedicated left turn lane and one lane that w' e as a c ination th ght turn lane. I�I�I�III Traffic Impact Analysis—July 2014 5 Barisi Village Project as M..Aa. *�Auu.muewnrm ..........W v nw11P IV. Impact Determination A. Proposed Trip Generation The planned development included the following facilities: 200 dwelling units fee simple villas; 1,200 dwelling units multi-family; 4,500 square feet of clubhouse/training facility; 9 holes Golf course; 200 assisted living/skilled g units; 450 senior independent living units; and 120-bed memory care faci ' 20,000 square feet of retail,restaurants, or shops; 80,000 square feet of office cal office, or rehab center and 120-key boutique hotel. Applying the appropr' e codes found in the Institute of Transportation Engineers (ITE, Trip G ation, ition. The Barisi Village Development is expected t erate 1305 ad AM peak-hour trips and 1521 additional PM peak-hour tri See Appendix for the tri eneratio es and t tris enerate land use PP P g " trips g Y assuming full development and occup These ' e trip reductions resulting from credits for internal trips, pass-by, mix a trip reductions and net estimated trips were completed by utilizing the In of Transportation Engineers OTISS software and Trip Genera ti anual, 9th EdI Momentum Campus per T iversity os Christi Master Plan of 1,500 beds of student housing to b ilt in con ruction by the University. This report included an additiona 8 a gips and 598 PM peak-hour trips. ThesVaddition were dis throughout the existing roadway network. The studethe sub project and were included at the request of the City of Co . A urate TIA uld be conducted to determine if the new roadway "Isanill r ire signali n or roadway improvements. OnIMPOOm nts A traffics the intersection of Ennis Joslin and McArdle Road is a project that is for construction as part of the programmed highway improvements by t of Christi. McArdle d and 'liams Road are currently under construction and are part of the city progr ed street improvements. The McArdle Road construction consists of one B, one through lane WB and one continuous left turn lane. The Williams ction consists of one through lane EB, one through lane WB and one eft turn lane. I y there are three routes that provide service to the TAMUCC Campus. As part oft e programmed transit improvements, potential RTA and TAMUCC bus route improvements are in the planning stages which will enhance capacity. Both entities may alter and/or increase bus services accordingly as TAMUCC's campus develops. Currently, there are bike lanes and sidewalks that run north and south on Ennis Joslin Road. These facilities should not be affected by the proposed development. All facilities affected during construction should be adjusted accordingly to City and State Traffic Impact Analysis—July 2014 6 Barisi Village Project as M..Aa. *�ADOa SueKnrm ..........W v nw11P requirements. New construction on McArdle Road will include bike lanes and sidewalks. No trails were identified within the project limits. B. Background Trip Generation Based on data provided by the city for Ennis Joslin Road and Rodd Field Road, a 1.45% and 3.83% annually compounded growth rate was used to r pct the growth of the background traffic. This rate was applied to the existing tra olumes for one year to determine the traffic volume growth that can be expecte ear 2019 within the study area. See Exhibit 6. Exhibit 4 illustrates the directional movements existin & PM Peak Hour Volumes at the intersections to the developme C. Net Increased Trip Generation, D' ution and Assig �t The additional site-generated traffic ated wit development was assigned to the study area roadway network (Ex 7). T stribution and assignment were determined based on Engineering Judg generated traffic counts, traffic counts provided by City, knowledge of the s ea network, and the proposed access locations to and from the ment. See for Distribution Percertage (%). See Appendix for Trip Geona ignments. D. Level of Service Evalu The analysis co of PM in LOS and yses. The intersections along Ennis Joslin Road ' th AM intersection LOS analyses. The purpose of this analysis o deter e if any iencies within the network exist and to establish a stand ndition. "Lev ervic the capacity or volume of traffic that a roadway can acc LOS is a tative measure used to relate to the quality of traffic ce. L used to analyze highways by categorizing traffic flow and assigning vel s ffic based on performance measure such as speed, density, etc. These s ran in LOS A (free flowing) to LOS F (a congested, forced flow conditio he tar LOS for this study area is a LOS D with all improvements and developm esulting from the Barisi Village Development. A description of each operationa ate for signalized and un-signalized intersections, as defined by 2010 Highway acity Manual, is presented in Table 2. 1 summarizes the results of the existing signalized intersections, Table 4 s rizes the results of the Background signalized intersections and Table 5 sum arizes the results of the Projected 2019 signalized intersections analysis for the study area. Signal timings were assumed optimized and actuated. Passer V output sheets are provided in the Appendix. For All-Way Stop Control (AWSC), the level-of-service (LOS) criteria for AWSC intersections are given in Table 7. As the table notes, LOS F is assigned if the volume- to-capacity (v/c) ratio of a lane exceeds 1.0, regardless of the control delay. For assessment of LOS at the approach and intersection levels, LOS is based solely on Traffic Impact Analysis—July 2014 7 Barisi Village Project as M..Aa. *�ADOa SueKnrm ..........W v nw11P control delay. For Two-Way Stop Control, LOS for non-signalized two-way intersections is defined as the total elapsed time from when a vehicle stops at the end of the queue until the vehicle departs from the stop line; this time includes the time required for the vehicle to travel from the last-in-queue position to first-in-queue position. The levels of service criteria are given in Table 6. Table 8 summarizes the results of the existing un-sig d intersections, Table 9 summarized the results of the Background un-signal' rsections and Table 10 summarizes the results of the Projected 2019 un-sig d i tions analysis for the study area. Signal timings were assumed opti iz and act Passer V output sheets are provided in the Appendix. Based on the analysis of the Barisi Vil evelopment conditio signalized intersections within the stud area are cted to o to at an accepta� le LOS D or Y better. I�I I�I�I�I I�I �� IIIIIIIII�III��� u���aW I�I�I�III Traffic Impact Analysis—July 2014 8 Barisi Village Project as M..Aa. *�Auu.muewnrm ..........W v nw11P V. Traffic Signal Warrant Analysis A. Study Procedures The Texas Manual on Uniform Traffic Control Devices (TMUTCD) defines eight warrants, or justifying sets of conditions, which at least one should be fully satisfied before signalization is considered as an option for traffic con Traffic volumes, the number of traffic lanes, the prevailing traffic speeds, traf cident experience, and measure delay for minor street traffic are the factors inc in the evaluation of these warrants. The traffic volumes used for the analysis e isting traffic on Ennis Joslin Road and McArdle Road, plus a projection a the fully-occupied Barisi Village Development. Traffic will be Acted using s d trip generation and traffic assignment procedures. B. Intersections Signal Warrant St s: g The following are new proposed dri s wi e study area in which signal warrants were performed: Intersection 1: Ennis J lin Rd. with A piper Dr. • Signal warrants w e Peak arrant 3. Recommendation to install new full-actua Intersection 2: Ennis Jos • Signa were in the Peak Hour Warrant 3. Recommendation to ins stop control. rsection design would be a right-in and a right-out signal ld be too e to proposed signal at Al and does not satisfy 5 mile re t. Inte o c r with C1/Sandstone Dr. Sign rants were not met. Recommendation to install a stop sign control. en �Warrant Analisis. 1. Spac 01 Th oposed signal on Ennis Joslin Road at Driveway "Al", would be located ap imately 0.75 miles from the existing signal at Nile Drive, and 0.75 miles the existing signal at the South Padre Island Drive westbound frontage d. This position matches a major driveway from Sandpiper Drive on the east . . side of Ennis Joslin Road and Driveway "Al" would become the major Barisi I�I�I�III � Y J Development access point to Ennis Joslin Road. 2. Speeds The posted speed on Ennis Joslin Road north of South Padres Island Drive is 45 MPH. McArdle Road has a posted speed of 30 MPH. Traffic Impact Analysis—July 2014 9 Barisi Village Project as M..Aa. *�ADOa SueKnrm ..........W v nw11P 3. Number of Approach Lanes For the purposes of a signal warrant analysis, Ennis Joslin Road will clearly be the major street, with a four-lane cross-section, which for the purposes of the signal warrant study, will be "2 or more lanes". Driveway"Al" would provide separate left and right-turn lane at the intersection with Ennis Joslin Road. Accordingly, the higher minor street thresholds for " more lanes" will be used. 4. Traffic Volume Data The City of Corpus Christi provided traffic s for Joslin and McArdle. See Appendix. C. Signal Warrant Application —Inc g Driveway "Al ffic 01 As previously stated, the Texas MUT is forth warrants, or jus ifying sets of conditions, at least one of which shou ully s d before consideration is given to installing a traffic signal. The two me-based warrants are the most rigorous tests of the appropriateness of a s and are examined in a detail below. This section shows the w analysis for ay "Al" traffic on the three-lane approach. The detailed sis work including the warrant curves described below, are includ thein 1. Warrant 1A—Eight r e mum Vehicular Volume 2. War Eight olume—Interruption of Continuous Traffic 3. ant 2— ur Hour icular Volume arrant 3 allk Hour— T 5. ra Iry glume—NOT APPLICABLE 6. W 5- School Crossing - NOT APPLICABLE arra Coordinated Signal System—NOT APPLICABLE 8. ant �"rash Experience—NOT APPLICABLE IIII 9. W nt 8—Roadway Network—NOT APPLICABLE 10. ant 9—Intersection Near a Grade Crossing—NOT APPLICABLE rr nalysis Summary—Including Driveway "A1" Traffic. c. arrant 3 being met with existing Ennis Joslin traffic and projected Driveway "A exiting traffic, it is clear that the intersection meets the technical requirements to be eligible for signalization. Traffic Impact Analysis—July 2014 10 Barisi Village Project as M..Aa. *�ADOa SueKnrm ..........W v nw11P D. Signal Operations Impacts The new signal at Ennis Joslin with Sandpiper/A1 is spaced out enough from the other existing traffic signals. The positioning of the proposed signal should not reduce NB & SB Ennis Joslin Road green bands. We recommend the City should consider providing signal conation from SPID to Ocean Drive. Signal coordination is very important to maintain the ehicle progression along major arterials such as Ennis Joslin. Proper coordi educes the amount of signal cycle needed for the large through move s on a rial, increasing the amount of signal cycle available to support of ruing movem Coordination was not part of this study. 01 �� IIIIIIIII�III��� u���aW I�I�I�III Traffic Impact Analysis—July 2014 11 Barisi Village Project as M..Aa. *�ADOa SueKnrm ..........W v nw11P VI. Conclusions and Recommendations The main objective of this study is to determine the impacts of the Barisi Village Development on the adjacent roadway network, specifically Ennis Joslin Road and McArdle Road. Three access points, Al, B1, and C1 were studied and analyzed for the proposed development with data that was collected in the field along with proposed land use info ation provided by the Client and traffic data provided by the City and TxDOT. Based o information, we have come up to the following recommendations: Driveway "Al" — Located at Sandpiper Drive, Driveway " nsist of four lanes and serve as the main entrance to the Barisi Village Devel nt. ne coming into the development and three-lanes exiting the development. ,e hree-lanes onsist of two left turn lanes and one lane that will serve as a combina ' ru-right turn Ian roposed right turn lane should be constructed from Ennis Jos ' Driveway "A1" goin bound. A proposed left turn lane should be construct e m Ennis lin to Drivewa "A1" going northbound. It is recommended this be a sign inters This configuration will aid in the LOS for this location. See Table 2 for addit ation. Driveway "Bl" —Located north of"Al", Drivewa " will consist of two lanes and serve as a minor access point to the dev One lane e as a right-turn only exiting the site southbound on Ennis Joslin wi ring. Se le 2 for additional information. Driveway "Cl" —Located on McA Road Drive, Driveway "Cl" will consist of three lanes and serve as a minor ac p o the iIopment. One lane coming into the development and t I exiting t elopment. The two lanes will consist of one dedicated left tur an lane tha 11 serve as a combination thru-right turn lane. See Table 2 for ad al info ion. This Traffic ct Analy ' ate lizing data collected in the field and information provided by th nt isti, TxDOT, RTA and the Texas A&M University Corpus Christi n. arao ecommend restricting left turn movements to increase LOS. This easily be plis signing and channelization for right turn only configuration. jug Traffic Impact Analysis—July 2014 12 Barisi Village Project i �uuu� ,��iuiuuu ulll iuuuuuuuuuuuuuuui�„ VVVVun VIII �IIIIIIV, �,�il���pllpppppp�omll�§a p� ,�� IIIIIIIIIIIIV IIIIIIIIIIIII�IDIVA EXHIBIT I LOCATION MAID 4 !7., i v J -0 Aft F 3' CHRIS Pu P ^� � �� J ryl l , j�Mi ii � iu iii i� e u , .. � • pyC. ! T I,.� V p, d . SITE RI;�.,....„ p1 , � rVl mrcr� w " wi,, �• k � d r" 61 11, J ...^ ,.d � a+°,..., "w ei ..,� ✓'. 'dry w!r. iw. gNv� ref� 4 N r flr .�- dy ° ' �f w ^1 �� ell„,. II r J� 11'+ISS111G EN7,TRA1 NSP rRTAFI eN,`Sd6:lM UP .A'Cui'M Ill N,"I!kms bb,ft' NJIW h. ",11W IEE wr."M 8 O'n lm K�1'aR—V 41F m^r�eP rvvY IR,Y oV d'�ir1x'�'v r, ■ F.r; s Traffic Impact Analysis—July 2014 14 Barisi Village Project 44 a, s � r � J,411� � ZI ik�� � ( V" w 1 ti CO y�� rylui�i,Nr��, Y ,J I� MN I vtl Y ^rI f i {{ 1 Y e " � Y " 144 fl LL y 4�, N d q�r YM1u rr u 1 w. n o b-- ,M ' � d � Traffic Impact Analysis—July 2014 15 Barisi Village Project EXHIBIT 32012 AADT 4,q 4 14 w Old , 4 C 40 Jr4 �I�I�I� UUIU, I�I�IIUUi�� III " C p4 4 5 C r0 �TM �k 10 d �I�I�I�I pUluu�u„ �IOV T I�UI INTELLIGENT AIu'ENT1lp q06PORrA,4H NSYSH"d UP SOURCE", 0t T Dot TRAFFIC� MAP (AADT) �r.��� IN � �A�2-tlA uuF �e��n", ��o,��a���,1r4r� ., awa pa. Ii. 1,—K V., ��m,w imwrr+AI XA TOPE REC. - F-II02SIN Traffic Impact Analysis—July 2014 16 Barisi Village Project ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- �EXHIBIT 4 EXISTING PEAK HOUR VOLUMES La 15'4 0 75-a- Arl ev LEGEND TURNING MOVEMENTS r FUTURE ROADWAY INTELIGENT FEN UP TOM REC. F-10258 Traffic Impact Analysis—July 2014 17 BarioiVillage Project --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- EXHIBIT 5 TRIP GENERATION PEAK HOUR' VOLUMES LEGEND TURNING MOVEMENTS ir- Traffic Impact Analysis—July 2014 18 BarioiVillage Project ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- EXHIBIT 6 - PROJECTED PEAK HOUR VOLUMES 12019) Pei 4 to 40 1,14 04 711 Cl/ AM( PM) TMC XXI( YY)l 0161, TURNING MOVEMENTS nt r FUTURE ROADWAY MD LIGENT UP TWE REG. - F-102SN Traffic Impact Analysis—July 2014 19 BarioiVillage Project ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- EXHIBIT' 7 - STUDY LOCATIONS SURROUNDING SITE 13 t4S 14 0 La 1 . ENNIS JOSLIN 0 SA /Al (PROP. SIGNAL,) 2. ENNIS JO I STOP 'SI'GN CONTRO0 3. MCARDL F-/C OP. 'STOP SIGN CONTROL) 7. ENNI L I IN o NILE XIST. SIGNAL) *�VT 5 8. S H 3,5 10) W L E TON (EXIST. STOP SIGN CONTROL) 9. SH 358 0 R FIELD (EXIST. SIGNAL) 10. RODD FIEL IL (EXIST. SIGNAL) 11 . ROOD FIELD LE (EXIST. STOP SIGN CONTROL) 12. SH 358 (SPID ILE (EXIST. SIGNAL) 13. NILE 0 WILL IA (EXIST., ALL WAY STOP, CONTROL) LEGEND 14. NILE @ MCARDLE (EXIST'. ALL WA,Y STOP CONTROL) STUDY LOCATION FUTURE ROADWAY LLP Traffic Impact Analysis—July 2014 20 BarioiVillage Project r x ui " u z I-- 0�- a M Ui z Q � r iL LL ai LLJ Ln IUUU ICY 0 IU�IU IUIUUi IUUU Ln M" LL UJ in Go LA z Ln 'nniiu r a- CL WO Is 61 UUUU Cb CID ---------------------- UUUUI �w„r Traffic Impact Analysis—July 2014 21 Barisi Village Project uVVVllll�iu''uuuuuuuuuuuiu�„ lililililililu�, `''I�iuuuuumll���IIVVVVu, ui a es VIIIIIIIIIIII Iii Traffic I m pact Analysis—July 2014 22 Barisi Village Project �h�plllllllllll IIIIIIIIIfifiillluuNNNr..„ II�����Illlllllllllll���ll�ii��g, III III�� �Illllllllllli IIIIIIIIIIIIIII�I DIVA TABLE I - TRAFFIC DISTRIBUTION TRIP DISTRIBUTION % (AM & PM) DRIVEWAY INBOUND qW6UND LEFT (—) STRAIGHT O RIGHT(—) LEFT(—) IGHT O RIGHT (�) Al 70% 2% 28% 75% 24% B1 - - 100% 100% C1 30% 1% 69% 0 %!2% 29% I�I�I�I I�I�I�I Y DIS ION % (AM &PM) V Y I ND OUTBOUND Aljfiff 1h, 70% 5 10% L% 20% TAL 100% 100% ll�01, Traffic Impact Analysis—July 2014 23 Barisi Village Project Table 2— Definition of Level of Service for Signalized Intersections Level of Average Control Service Delay per Vehicle Description sec/veh LOS A describes operations with a control delay o0 s/veh or less and a volume-to-capacity ratio no greater than 1.0. evel is typically assigned A < 10 When the volume-to-capacity ratio is low er progression is exceptionally favorable or the cycle le hort. If it is due to favorable progression,most vehicles e durm een indication and travel throughthe intersections ut sto in . LOS B describes operations ontrol delay betwee V0 s/veh and a volume-to-capacity rati eater than 1.0. This level cally B > 10 and<20 assigned when the vo o-capacity is low and either progression is highly favorable or the en ort. More vehicles stop than with LOS A. LOS C describes operations trol delay between 20 and 35 s/veh and avolum ratio no gre n 1.0. This level is typically assigned p favora the cycle length is moderate. C >20 and<35 Individual c failure r m re queued vehicles are not able to depart as a r of icien icity during the cycle)may begin to �� ar at this e number of vehicles stopping is significant,although vehicles s ss through the intersection without stopping. L describes ations with control delay between 35 and 55 s/veh and -to-capac do no greater than 1.0. This level is typically D > 3 55 volume-to-capacity ratio is high and either progression is ������ ineffective or e cycle length is long. Many vehicles stop and individual dill cycle failures are noticeable. S E describes operations with control delay between 55 and 80 s/veh and e-to-capacity ratio no greater than 1.0. This level is typically > 55 an 0 assigned when the volume-to-capacity ratio is high,progression is unfavorable,and the cycle length is long. Individual cycle failures are frequent. LOS F describes operations with control delay exceeding 80 s/veh or a F 80 volume-to-capacity ratio greater than 1.0. This level is typically assigned when the volume-to-capacity ratio is very high,progression is very poor,and the cycle length is long. Most cycle fail to clear the queue. Source:2010 Highway Capacity Manual Traffic Impact Analysis—July 2014 24 Barisi Village Project TABLE 3-LOS FOR SIGNALIZED INTERSECTIONS EXISTING Intersection Delay AM PM Intersection# HC Dela sec/veh LOS De /veh LOS Intersection 1: Ennis Joslin/Al Overall N/A N/A N/A Sandpiper p� Intersection 4: Overall 23.68 24.06 � C SPID/Ennis Joslin �d�d���'�� �Vu Intersection 5: Overall 5.16 7.54 A Ennis Joslin/McArdle Intersection 7: Overall 2 VUUU 25.08 C Ennis Joslin/Nile Intersection 9: SPID/Rodd Field 23.68 C 33.09 C Intersection 10: ��p,�, �� 111U B 14.99 B Rodd Field/Williams I ion 12: D/Nile rall ��V° 24.40 C 26.44 C Traffic Impact Analysis—July 2014 25 Barisi Village Project TABLE 4-LOS FOR SIGNALIZED INTERSECTIONS BACKGROUND Intersection Delay AM PM Intersection 4 (HCM) Delay(sec/veh) LOS Delay(sec/veh) LOS Intersection 1: Ennis Joshn/Al Overall 28.71 C 36.30 D Sandpiper Intersection 4: 25.78 C 9 D SPID/Ennis Joshn Overall Intersection 5: Overall 4.62 7.22 A Ennis Joslin/McArdle Intersection 7: Overall 32.95 72.66 E* Ennis Joshn/Nile Intersection 9: Overall C ����VV^ 34.26 C SPID/Rodd Field Intersection 10: Rodd Field/Williams 10.34 B 15.36 B Ago Illllllp�uQu �llll ���� Intersection 12: erall ���� C 26.22 C SPID/Nile *Could ain a Le ervice use of added trips generated by Momentum Campus. %101 0�Traffic Impact Analysis—July 2014 26 Barisi Village Project TABLE 5-LOS FOR SIGNALIZED INTERSECTIONS (PROJECTED 2019) Intersection Delay AM PM Intersection 4 (HCM) Delay(sec/veh) LOS Delay(sec/veh) LOS Intersection 1: Ennis JOshn/A1 Overall 29.87 C .47 D Sandpiper Intersection 4: Overall 27.36C p� 43.46D SPID/Ennis Joshn Intersection 5: Overall 4.74 A 7.63 A Ennis Joslin/McArdle Intersection 7: Overall D 97.76 F* Ennis Joslin/Nile Intersection 9: 0 SPID/Rodd Field Overall 26.64 C 38.32 D Intersection 10: Rodd Field/Williams Overall 10.89 11�1, B 16.88 B iIIIIIIpuuQu��IIIIIIINIINI�IIII��I� ������ Intersec Ove 24.80 C 27.01 C sP a �0�d *C maintain a Level of e D because of added trips generated by Momentum Campus. Traffic Impact Analysis—July 2014 27 Barisi Village Project Table 6: LOS Criteria for Stop Sign Controlled Inters ns AA011111, LEVEL OF SERVICE DELAY nds) A SEC. B 00 and< 15 sec. C 15 and<25 sec. D >25an _<35 sec. E >35 50 sec. F 0 sec. Source: 2010 Highway Capacity 1 �� T 4OS by o-Capaci Ratio* 011%,o r All- top Control by Volume to Ca aci Ratio* Con lay (s/ 0 v/c >1.0 ��II IIIIIIII 0- A F ��IIIIIi ����Vu >10- B F C F D F >3 I E F >50 F F For aches and intersectionwide assessment,LOS is defined soley by co Sourc 0 Highway Capacity Manual Traffic Impact Analysis—July 2014 28 Barisi Village Project TABLE 8 -LOS Fortin-Signalized Intersections Existing AM PM EAST WEST SOUTH NORTH E WEST SOUTH NORTH Intersection 4 Approach Delay BOUND BOUND BOUND BOUND BOUND BOUND BOUND INTERSECTION N/A N/A FREE FRE /A FREE FREE 2 LOS V ENNIS JOSLIN/131 (s/veh) N/A N/A N/A - pie B N - - 1NTERSECTION FREE FREE C REE FREE A C 3 LOS '2011, 1 ENNIS JOSLIN/ SANDSTONE/C1 (s/veh) - 1 - - N/A 19.15 INTERSECTION C F FREE E F F FREE FREE 6 LOS ENNIS JOSLIN/ PHARAOH (s/veh) 21.29 - - 68.17 54.94 - - lu, INTERSECTION FREE A � FREE N/A N/A A 8 LOS APR SPID/ LEXINGTON (s/ N/A 7.51 N/A N/A 7.33 INTERSECTION E F N/A B FREE FREE N/A B 11 OS 11 �IIIII MCARDLE/ �I�I�IIViiiuNNkMllllll�lUllUu, - - RODD FIELD veh) N/A 11.4 N/A 12.81 1NTERSEC�TJ N� L N/A N/A N/A N/A N/A N/A N/A N/A NI LIAMS veh) N/A N/A N/A N/A N/A N/A N/A N/A k1RSECTIONN/A N/A N/A N/A N/A N/A N/A LE/ N/A N/A N/A N/A N/A N/A N/A N/A WAY STOP CONDITION Traffic Impact Analysis—July 2014 29 Barisi Village Project TABLE 9 -LOS Fortin-Signazlized Intersections Background AM PM EAST WEST SOUTH NORTH EAS ST SOUTH NORTH Intersection# Approach Delay BOUND BOUND BOUND BOUND BO OUND BOUND BOUND INTERSECTION B N/A FREE FREE N/A FREE FREE 2 LOS Add OP,1111 1111111, ENNIS JOSLIN/B 1 (s/veh) 10.85 N/A - �i 38.28 - - INTERSECTION LOS FREE FREE C C FREE FREE D ENNIS JOSLIN/ SANDSTONE/C1 (s/veh) - - 21.51 - - 17.63 33.35 6�hi, Ad INTERSECTION E F F1ZE F F FREE FREE 6 LOS ENNIS JOSLIN/ PHARAOH (s/veh) 41.9 ��� 8 - 284.44 204.7 - - INTERSECTION 8 LOS FREE /A A REE N/A N/A A SPID/ LEXINGTON (s/veh /A - N/A N/A 7.33 INTERSECTION E FR N/A B FREE FREE N/A C Ilk 16, 11 MCARDLE/ RODD FIELD 44 h,,(s/veh) - �J��- N/A 14.05 - - N/A 21.88 y„. INTERSECTION N/A N/A N/A N/A N/A N/A N/A � 13 NILE (s/veh N/A N/A N/A N/A N/A N/A N/A N/A 14 SECTION � rl/A N/A N/A N/A N/A N/A N/A N/A 14 u ARDLE/ N/A N/A N/A N/A N/A N/A N/A N/A E (1 2) AY STOP CONDITION Traffic Impact Analysis—July 2014 30 Barisi Village Project TABLE 10 -LOS For Un-Signalized Intersections (Projected 2019) AM PM EAST WEST SOUTH NORTH E WEST SOUTH NORTH Intersection 4 Approach Delay BOUND BOUND BOUND BOUND BOUND BOUND BOUND INTERSECTION B N/A FREE FRE F FREE FREE 4 2 LOS V ENNIS JOSLIN/B1 (s/veh) 11.15 N/A - Vie 52.94 N - - INTERSECTION FREE FREE C REE FREE E 3 LOS Ad", 11#111, ENNIS JOSLIN/ SANDSTONE/C1 (s/veh) - 22 19.85 36.05 - - INTERSECTION F F FREE E F F FREE FREE 6 LOS 61, ENNIS JOSLIN/ 41 PHARAOH (s/veh) 50.94 - - 80.41 279.68 - - INTERSECTION FREE A FREE N/A N/A A 8 LOS APR SPID/ LEXINGTON (s/ N/A 7.53 N/A N/A 7.33 INTERSECTION E FRN N/A C FREE FREE N/A D 11 OS IME �IIIII MCARDLE/ �I�I�IIViiiuNNkMllllll�l������ UllUu, - - RODD FIELD veh) N/A 15.2 N/A 27.29 INTERSECT �NL N/A N/A N/A N/A N/A N/A N/A N/A NI LIAMS veh) N/A N/A N/A N/A N/A N/A N/A N/A k1RSECTION N/A N/A N/A N/A N/A N/A N/A LE/ N/A N/A N/A N/A N/A N/A N/A N/A WAY STOP CONDITION Traffic Impact Analysis—July 2014 31 Barisi Village Project i �uuu� uuuuuuiu�, ,��iuiuuu ulll iuuuuuuuuuuuuuuui�„ "� y riC� 1X IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIV I DI V�� Project Information Project Name: Barisi Village Project TRIP GENERATION DATA No: 1 Date: 6/9/2014 City: Corpus Christi State/Province: Texas Zip/Postal Code: 78411 Country: USA Client Name: Blackard Global Analyst's Name: Ramon Maldonado Edition: 9th �V^ Weekday,Peak Hour of Adjacent Street Traffic, Weekday,Peak Hour of treat Traffic,One Land Use Size One Hour Between 7 and 9 a.m. Hour Bet 6 p.m. Entry Exit EntryN17 820-Shopping Center 120 1000 Sq.Feet Gross Leasable Area 108 66 32 v' Reduction 0 0 I�0 Internal 10 2 0 Pass-by 0 0 ii Non-pass-by 98 64 170 720-Medical-Dental 801000 Sq.Feet 151 40 0 67 UUp�� Office Building Gross Floor Area DD Reduction 0 0 0 0 Internal 0 0 0 3 Pass-by 0 0 0 Non-pass-by 151 40 168 310-Hotel 120 Occupied Rooms 46 34 43 Reduction 0 0 0 0 Internal 0 4 7 Pass-by 0 0 0 Non-pass-by 46 36 220-Apartment 1200 Dwelling Units 122 4 260 Reduction 0 0 0 Internal 2 5 92 33 Pass-by 0 0 0 Non-pass-by 120 48 227 254-Assisted Living 200 Beds 24 19 25 Reduction IIII 0 0 Internal u �I 0 0 Pass-by 0 0 Non-pass-by 19 25 252-Senior Adult 450 Dwelling 59 51 Housing-Attached Reduction 0 0 Internal 0 0 Pass-by 0 %PO 0 0 Non-pass-by 31 59 59 51 620-Nursing Home 17 7 9 17 Reduction 0 0 0 0 Internal 0 0 0 0 Pass-by 0 0 0 Non-pass-by 7 9 17 230-Resid Condomini Ouse 200 Dwelling Units 5 75 71 35 Reduction 0 0 0 0 Internal 0 1 36 15 Pass-by 0 0 0 0 Non-pass-by 15 74 35 20 430-Golf Course es 15 4 13 13 Reduction 0 0 0 0 Internal 0 0 0 0 Pass-by 0 0 0 0 Non-pass-by 15 4 13 13 493-Athletic Club 4.5 1000 Sq.Feet 8 5 17 10 Gross Floor Area Reduction 0 0 0 0 Internal 0 0 0 0 Pass-by 0 0 0 0 Non-pass-by 8 5 17 10 Total 537 792 1105 977 Total Reduction 0 0 0 0 Total Internal 12 12 190 190 Total Pass-by 0 0 100 81 Total Non-pass-by 1525 1 780 1 815 1 706 33 � Prev Distribution Settings Click to select the Time of Day(AM or P,M)for the report.. Time of Day: "AM Period Analysis: (Weekday,Peak Hour of Adjacent Street Traffic, One Hour Ba 7 and 9 a.m.) PM (Weekday, (Weekday, Peak Hour of adjacent Street Traffic, One!-four Be 4 pan Distribution Report The report contains a summary of the result traffic volumes for each mo in each D' Y. Note:The'-'character displayed in the Non-pass-by column indicates a move does notaccess the Driveway and which therefore cannot be considered for Non-pass-day trips. Driveway onEnnis JosXPbIA! anis Josl'in Al Movement +1 it r+ +I t roAl Background Traffic 71 0 0 1072 0 0 D t) Non-pa,,ss_annis 42 3 - 105 - 406 4 130 PASS la0 0 0 0 t) 0 0 ty CI pr Al T 6 3 0 105 1072 0 406 4 130 oslli Westbound) Ennis Joslin 1311 ent _ _ _ t _ _ r+ 131 gr o c 279 0 _ - _ 1072 - - 0 Non-pass- r 253 r - - - 77 Pass-by 0 0 _ - _ _ 0 _ _ 0 B1 'Total 279 253 - - - - 1072 - - 77 Aff G1 McA,rdlle Road) Sandstone street McArdle Load M ti r+ h t r+ 41 t 1"► +1 t 1' 1 Backg raffia 0 0 0 5 362 0 8 0 8 0 217 4 Non-pass-by 108 1 54 91 _ 0 _ 31 _ - Pass-by 0 0 00 0 0 0 0 0 0 0 0 RC1 "Total 108 1 ;4t45362 362 91 8 0 8 31I 217 4 34 1oft 4M PREV Distribution Settings Click to select the Time of Day(AM or IP,M)for the report. Time of Day-, AM Period Analysis.- (Weekday, Peak Hour of Adjacent Street Traffic, One Hou en 7 and 9 a.m.) 41 PM (Weekday, Peak Hour of Adjacent Street Traffic, One Hour en 4 and Distribution Report The report contains a summary of the result traffic voturnes for each mo in rilveway, Note�The'-'character displayed in the INon-pass-by column indicates a move hich does not access the Driveway and which therefore cannot be considered for Non-pass-by Driveway JZNon-pass-by U - I Total 495 - 151 11:38 5 cl McArdle Road Sandstone Street McArdle Road MovNent 41 t r+ 35 OF m m v 0 ° W o m ti ^ m v o o ti ti N O o o m 0 0 Z V o_ m Z V Z V Ln .� m m � m m o a a '� m a ,� ,� Ln ° m ^ o v en o m a rl O m ^ o o N 0 n n o m n o 'o a u Ln Q 'p a m 1p z N N LL } m 1p z N N N Ol N N z N 0 O O r a m N Ln Vt N N N I� N Vt N N N N In m c c c w w w � ti ti ti J N -O J O lO lO N lO Ol n Ln C- Ol zti 0 O J m m ti a N z ti 0 0 ti ti N poi tp tp a O001 a 0 a O N N N ti ti n LL 0 _ O ' m C. m rO "a m a o a om t w m N m IIID" m ti m O Q Ln m rn N o_ m Ln ,-, ,ro o 0 0 0 0 N Ln � O O � O � LIDN Vt N N � N l0 m 1p r� m m N W v a r m N t o m N W W N Ln Ln m N W m u N Q If! C l W O m m ^ ^ to m ^ N O O Il W Il m '� m f6 c c c G1 w w w a E ti J N -1 J O J If! N Ln Ln N m NI� W m N 0 m N N N N CO N W 'n Q O Q W N N N a O J cy V) 'D LnO O O O O ti ti r-I a a �UVu Q m em o ° p m a �° m °� o m o o Q o w txo v o v v N ° H n 00LL .°- H n o N .°' n N m rn rn n £ 'a m m ° v p o m a m N o a m a o o } � o o rn uo m o r Q o Q m o 0 0 ° v ° v O rn in v O 0 0 0 0 0 C m m Ln Ln m Ln Ln .N Ln Ln O rn m rn rn 1 J J O Ln Ln J Ln N Co t0 c-I 0 0 Co t0 t0 N 0 0 m C:) m l0 0 1 44 C:) 1 1 0 ti ti ti ti WIMF ;4 co co co O 01 01 01 m O2 N 0 m m y mm 0m �--� �--� N O N N m v m N `"y ^ u Cl Q to m N 0 z W V N m W V N N , � w V N t N O O m N O Ln Ln Ln m N N N V N N N W W W N } N 'O_ W N N N 001 I� N W O_ W N Q l0 O O O W m � m m z N N N LL Ln m m N r m N O O ti ti N o m Ol ^ m N 0 Cl ^ Q lO Q w Ol m w W + N N N W Olm m W m N W O O N Ln Ln Ln O N N In m N In Aj II I Q \ N t t O_ bo v V t O O V N O o V V O_ Nbio C V > p O_ hp O_ V t L t O CL 0) N N N N E t m v u v E t 3 m o v 3 °- 3 o E t a �' v O O_ t V V C v Vf Vf O Q O LL J .V O Q O LL C O_ V = \ O_ N E C UO > C LL f0 ++ ++ UO > LL i N L LL LL v '� v i �. 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M �- W)V�ml 1241 CI;C3 C:I Ll 000 w�C. 00� to 4p v to 000 I � 0 � v � - caw MID ea 0" r EV ca tm r4-0., Cay ra*,r r. tq r —40 c CL I W b Ca°M— c ca a 0 N ",d,o 2 Ile .M. .-x- E7=,-O+r E3 cw 0 001 O C7! es�'a tv a O 10 m 2 [ `rya" r` N N N VIN V+ C`' .0 ,r ar uu J I•- MMQQo 00 C2'0 oma— O asoo p040 um J O O Eel E" IN 00001,01 0*-0 O��« IN 0 .-Ilt P.t4�^ C2 0 At 411 wcsµEv Er Eryy, gra C4 m r-0 In —MESO* 00A A 14 wr q?rl Q?�'P'+E' C-0 p0 :.. °✓ J, d `EP�r 00 G� —909 �CL v 0 �J - yi." . c� «" � " EJOC � 2 L" A 91 City of Corpua Christi Traffic Engineering WEEKLY SUMMRY page!. 1 Starting: 7/17/13 Site Reference; 16/36 6139 tile: RoddN6711a1McArd.prn Site 117a Rodd Field City: an .'tion a (RoddF'i ld F1 AppMc rd1 ) County: Direction: NORTH TIME MON TUE WED "1 HU FRF SAT SUN WX "QCT" WK AVG 17 16 19 Lane 1 cull PM am pm am pm as pin asst PM am pm am am pin ,pial pm 130:15 26 11 27 11 0 22 55 11 16 00-30 36 10 29 11 93 21. 65 10 21. 017:45 30 15 39 7 6 22 69 11 23 01.00 41. 6 34 6 9 16 75 6 25 01»15 27 11 39 9 9 20 66 10 22 01:343 27 10 26 12', 0 22 53 11 17' 431:45 50 5 53 6 1 103 5 51 02:09 33 9 41 6 74 9 37 02:15 29 9 2.6 10 57 9 26 172.391 31 6 40 9 1 71 6 35 02:45 211 2 39' 4 6 67 3 33 03:00 26 3 36 7 1.0 66 5 33 013„15 2'9 5 30 3 6 59 4 29 03:30 317 4 39 3 7 69 3 34 933:45 47 2 447 3 S 417 2 43 04:00 27 2 3 1 3 65 1 32. 434:15 31 2 6 67 3 33 644;391 39 1 5 76 2 36 134:45 46 1 4 4 86 2 44 05:1393 33 6 36 5 1.1 71 5 35 0 55:1..5 41' 13 52 2 15 99 7 4 935.343 53 14 593 6 243 1173 113 51 935:45 4 3 55 21. 96 10 49 936:00 47 .28 103 14 51, 06:15 39 21 79 193 39 06:36 43 2 33 36 61 16 491 436:45 44 39 1 39 63 19 4,1 931:00 543 T 7 40 66 291 44 07:1.5 313 37 60 16 30 07-30 3 6 52 66 26 33 07:45 37 343 22 59 75 29 37 936:910 III 41 32 47 66 63 44 31. 136.15 41 35 33 7'4 72 37 36 136:391 3 16 37 23 49' 74 24 3 09z45 22 36 34 62 56 31 29 09 w 8317 26 32 35 67 691 33 317 09:15 39 9 33 26 57 72 2,8 36 09.393 '1 27 30 29 56 61 26 3C 019:45 3 39 29 22 60 52 391 26 1.43,001 49 46 46 31 71 195 35 417 10:15 25 2.9 24 31 60 49 30 24 1»93:301 25 27 293 36 63 45 31 22 143:4.5 243 34 21 37 71 41 35 20 11 00 14 29 16 37 66 30 33 15 11:15 37 29 26 15 30 93 35 31 17 11 a 311 16 14 31 21 293 69 35 23 11 1.1:45 32 19, 42 1.7 0 14 36 24 1 12:00 243 12 32 11. 0 60 23 20,, 11. 6 91 __� 1.707 2552 7413 0 0 4999 23601 AM "Times 11c1!5 7,..30 10:.15 11.00 ,317 M Peaks 1.15 1.45 141 3932 136 PM Times 1.t' 5 17:15 17 1.5 17;16 9F1 Peaks 199 204 4933 200 92 City, of Corpus Christi. Traffic Engineering WEEKLY SUMMARY Page: I Starting: 7/16/13 Site Reference: Karen 2448 File. MCArd,.EHAppRadd.prte Site ID: McArdle city. Location: (EB Approaching Rodd Field) County: Direction: EAST TIME MON TUE WED THU FRI SAT' SUN WK TOT WK AVG 16 17 IB 19 Lane I am pm am pm am Pm am PM am PM am pm am am PM am pm --------------- ------------------------------------------------------------------ --------------------- 00.15 18 14 45 3 25 4 21 88 7 29 00:30 14 6 36 3 24 10 '19 74 6 24 00:45 12 5 48 5 21 4 14 81 4 27 01:00 13 7 62 1 29 7 15 104 5 34 01:15 18 6 36 3 32 4 13 86 4 28 01:30 19 11 59 2 30 2 15 108 5 36 01.:45 15 11 41, 1 40 3 96 5 32' 02:00 14 0 50 1 25 2 89 1 29 02:15 16 0 57 4 26 3 99 2 33 02:30 12 7 51 3 31 5 111 94 5 31 02-45 13 3 51 0 20 3 6' 84 2 28 03:00 12 4 3'1 2 25, 4 10 68 3 22 03:15 16 a 54 1 26 7 16 96 5 32 03:30 15 3 55 0 31 2 5 1,01 1 33 03:45 15 3 89 0 31 5 8 135 2 45 04.00 16 3 54 1 307 1 5 100 1 33 04:15 17 4 53 0 4 103 1 34 014-3,0 14 3 83 0 3 6 136 2 45 04:45 14 6 90 4 15 129 5 43 05:00 18 12 73 5 23 117 1 39 05:15 16 14 80 26 37 53 133 17 44 05:30 20 9 55 14 2.7 32 1012 10 34 05:45 16 13 7 33 31 120 10 40 06:00 13 22 24 38 82 12 27 06.1,5 12 12 28 56 '13 18 24 06-30 17 39 2 33 2, 82 89 27 29 106:45 11 42 25 23 90; 84 30 20 07:00 13 29 11 95 Gq 31 23 0:15 11 35 109 16 36 25 07:30 7 2 1, 73 41 24 15 07:45 1 3 18 29 26 81, 62 27 20 018:00 56 26 23, 27 109 58 36 19 08:15 6 28 33 23 97 73 32 24 08-.30 6 21 20 12 60 47 20 15 018:45 7 1 16 9 48 24 16 8 09:00 9 4 23 0 74 36 24 12 019.15 7 3 '0 2. 22 0 56 49 18 16 09:30 6 28 7 16 26 0 44 39 14 13 09,45 7 23 1 20 17 0 43 31 14 10 10,:00 6 36 6 20 17 0 56 29 18 9 10:1S a 13 30 12 2 79 33 26 11 10:30 11 19 15 a 36 31 12 10 10-45 10 3 21 19 0 65 26 16 a 11:00 17 49 a 23 6 0 89 10 22 6 11:15 25 27 11 24 12 0 76 25 19 a 11.30 20 3 58 7 24 8 102 18 34 11:45 12 5 46 2 31 6 89 13 29 4 12:00 10 8 43 1 28 5 81 14: 27 4 ---------------------------------------------------------------------------------------------------------- rOTALS 0 660 2916 1762 330 0 0 56�68 1842, Times 11:00 6:45 11:15 7:30 6.30 6:30 kM Peaks 74 249 107 90 376 124 ?M Times 17,00 16:3113 15:45 16.30 Ira:30 ?M Peaks 70 326 133 515 171 93 City of Corpus Christi Traffic Engineering WEEKLY SUMMARY Page. I Starting: 8/21/12 Site Reference. Karen 5926 File: AppMcArdl.prn site To: 'Mile City: Location: (Approach to McArdle) County; Direction; NORTH TIME 74014 TUE WED THU FRI $AT SUN WK TOT WK AVG 21 22 Lane I am PM am PM am PM am, PM am PM am PM am p am PM am pm, ------------------------------------------------------------------------------------ ---------------------- 00.15 41 17 35, 21 38 76 19 38 010:30 69 16 46 22 38 115 19 57 00-45 82 16 43 13 29 125 14 62 01.,00 64 19 62 16 35 126 17 63 01:15 67 25 120 17 42 187 21 93 01:!30 93 9 66 10 19 159 9 79 01'.45 1,19 7 14 11 253 9 126 02:00 7'3 9 79 5 152 77' 76 02:15 50 6 65 9 5 7 57 02.30 62 4 60 10 14 42 7 71 02.45 58 6 96 6 12 15,4 6 77 03:00 69 9 59 7 16 128 8 64 03:15, 73 7 ill 5 12 144 6 72 03-30 57 5 57 11 16 114 8 57 03-.45 82 1 52 6 7 134 3 67 04.00 66 5 62 7 12 128 6 64 04-15 69 3 56 7 10 125 5 62 04: 0 76 4 71 6 10 143 5, 73 04-.,45 105 3 72 3 6 177 3 88 05:00 129 1 87 4 5 216 2 108 05:15 121 4 113 8 12 234 6 117 05-30 80 3 86 3 6 1,66 3 83 05:45 74 5 5 8 130 4, 65 06:!00 120 6 17 191. 8 95 06:15 130 12 21 240 10 120 06:30 66 a 6 128 146 64 73 06.,45 82 84 6 149 166 74 83 07'.00 96 103 32 199 16 99 07:15 134 72 41 206 20 103 07-30 190 15 55 313 27 156 07*45 246 3 25 58 325 29 164 08.00 58 52 11,0 158 55 79 08:15 21 45 97, 96 48 48 08.30 V 54 ?' 145 121 72 60 08:45 38 48 328 86 164 43 09:00 43 1 61 250 104 125 52 09.15 46 99 4 14 240 90 120 45 09.30 45 112 1 165 277 86, 138 43 091:45 43 146 2 220 366 7'5 183 37 10:00 36 1.2.1 9 82 203 715 101 37 10:15 43 1 37 55 221 80 110 40 10.30 43 67 129 77 64 38 10.,45 23 87 119 59 59 29 11:00 45 33 67 112 57 56 28 11.15 2 59 31 49 108 60 54 30 11.30 33 85 28 69 154 61 7.) 30 11.-45 23 133 21 59 192 44 96 22 12:010 12 53 26 51 110 38 55 19 -------------------------------I--------------------------------------------------------------------- ----- "OTALS 0 3603 5106 1951 0 0 0 10660 5311. ,M Times 8:45 9-00 9.00 9.00 .M Peaks 577 622 1133 566 M Tlrfte a 1-9:00 16.15 19,00 19;00 M Peaks 674 377 1047 522 94 City of Corpus Christi Traffic Engineering WEEKLY SUMMARY Fade. 1 Starving: 6/21 '12 Site Reference: Karen 5929 File: 1111a11ppMc11rd1.prn Site ID: NileCity: Location: (Approach to McArdle) County: Direction: SOUTH TIME MON 7'it6 WED THU FRI SAT SU14 WK ",1,`OT WK, AVG 21 22 Tann 1 ami PM am PM am FSM yam Pm arm PM am PM am am PM am pm 00:1.5a 90 12 76 15 27 1.66 13 83 00:30 90 8 104 11 19 1.94 9 97 00:45 67 9 101 2 11 1.60 5 04 01:00 66 6 63 4 10 1.49 5 74. 01:15 07 4 59 11 15 146 7 73 01-30 68 2. 59 6 8 127 4 63 01:45 63 4 61 7 144 5 72 02::00 66 3 70 7 196 5 68 02:15 76 4 69 0 45 6 72 02:30 92 3 89 7 1 91. 5 90 O2.45 111 2 90 0 1.0 209 5 104 03:00 97 0 69 7 7 196 3 93 03:1.5 96 2' 90 3 5 196 2 93 03.30 91 0 102 4 4 193 2 96 03:45 94 2. 95 3 5 199 2 94 04;00 104. 0 89 2 2' 193 1 96 04:15 104 3 07 7 1.0 191. 5 95 04:30 111. 5 102 4 9 213 4 IC6 04:45 100 0 105+ 3 3 205 1 102 05:00 95 1 114 4 5 209 2 1.04 05:15 110 2 94 1 3 204 1 102 05: 0 95 3 94 3 6 199 3 94 05:45 103 5 8 11 1.92 5 96 06:00 96 7 9 1191 4 95 06,15 105 7 14 216 7 108 06:30 75 75 1.5 150 7 75 06:45 7'2 90 27 1.70 13 85 07:00 96 11.3 39' 211 1.9 1015 07:15 105 100 42 205 21 102 07:30 106 47 7 69 15.5 34 77 07-.'45 77 3 , 35 66 1.24 33 62,. 00«00 50 50 1,00 120' 50 6.0 08'.1,5 40 45 93 173 4.6 66 08:30 91 4 7 91 140 45 70 00:95 97 45 93 142 46 71. 09.00 61 53 93 11.4 41 57 09:1.5 97 4 6 3 79 1.53 39 76 09:30 70 55 6 37 92' 116 46 59 09:45 52 42 8 39 60 90 40 45 10:00 38 51 a 43 94 66 47 33 10:15 25 26 62 106 51 53 25 10:30 4 is 33 73 39 36 19 10:45 14 35 94 30 47 15 11,00 67 20 78 1.45 40 72 20 11:15 67 22' 97' 164 31 02 15 11:30 14 65 19 85 150 33 75 16 11.45 9 69 6 72 141 14 70 7 12':00 13 66 14 94 162 27 61 13 '0aTALS 0 3626 4415 1209 0 0 0 9250 4600 d4 Times 11:15 11.„1.5 11:'15 11;15 ,14 Peaks 269 346 617 309 'M Time 1.6;00 10:30 IG:30 16;30 Ito Peaks 419 415 831 414 95 City of Corpus Christi TrafficEngineering WEEKLY SUMMARY Page: I Starting: 8/21/12 Site, Reference: Karen 6142 File: McArdAppNile.prn Site ID: McArdle City; Location: (Approach to Nile) Ccunty: Direction: E,AST TIME 74ON TUE WED THU FAT SAT SUN W'K TOT' WK AVG 21 22 Lane I am PM am, PM am PM am PM am Pm am PM am am PM am PM ----------------------I------------------------------- ------------- ---------- 00-15 7'7 8 82 8 16 159 B 79 00:30 73 2 64 7 9 137 4 66 00-.45 67 6 65 7 13 132 6 66 01:00 77 10 75 5 15 152 7 '76 01:15 57 3 74 4 7' 1.31. 3 65 01-30 70 3 76 4 7 146 3 73 01.45 61 2 61 4 12'2 3 61 02:00 52 5 70 3 12'2 4 61 02-15 64 1 71 5 '�35 3 67 02-30 70 2 70 10 1 40 6 70 02:45 80 1 57 6 7 137 3 68 03:00 53 2, 76 0 2 129 1 64 03:15 110 2 103 4 6 213 3 106 03:30 83 3 77 2 5 160 2 BO 03:45 72 1 el 4 5 153, 2 76 04:00 73 3 8 5 8 1,54 4 777 04.15 147 1 143 3 4 290 2 145 04;30 137 2 12.6 1 3 263 1 231 04.45 lie 3 119 5 ii 8 237 4 118 05-00 93 8 108 2 10 201 15 1.00 05;15 137 3 142 11 14 2,79 7 139 05-30 123 13 130 11 24 2!53 12 126 05:45 126 9 1 18 288 9 144 06:00 113 9 16i 230 9 1,1.5 06:15 136 1, 22 253 11 126 06,30 115 92 :1.9 2,07 9 103 06x45 84 84 53 168 26 94 017:00 60 0 76 95 1,36 47 68 07;15 91 '75 72 166 36 83 07--30 79 7 a 7'4 150 37' 75 07:45 57 0 50 113 109 56 54 08:00 55 59 1.1.4 135 57 67 08:15 a 60 118 116 59 so 08:30 61 5 1 241 114 70 57 08:45 se 54 169 112 84 56 09.00 35 515 92 90 46 45 09;15 57 6 48 43 105 105 52 52 09:30 45 32 0 41 73 95 36 42 09:45 39 35 8 50 85 17 42 38 10:00 29 5 44 57 107 73 53 36 1.0-15 21 36 51 113 57 56 28 10.30 9 34 61 115 53 57 26 10-.45 18 63 122 32 61. 16 11;00 54 22 54 108 44 54 22 11.15 1 54 17 52 106 29, 53 14 11:30 13 48 19 61 109 32 54 16 1,1:45 10 75 14 66 141 24 70 12 12:00 8 79 a 68 147 16 13 8 ----------------------------------------------------------------------------------------------------------- rOTAI�S 0 3324 4728 1338 0 0 0 9390, 467,1,, IM Times 11:15 8:00 8:00 8:00 %M Peaks 256 289 542 270 ?M Times 17:15 11:15 17;15 17-.15 ?M Peaks 499 551 1050 524 96 City of Corps::s Christi 'Traffic Engineering WEEKLY SUKKARY Page: 1 Starting: 41/21/12 Site Reference: Karen 6141File: 44cArdleAppNile.56rn site 1t1. McArdle City: Location: � pproac:5 to Nile) County: Direction., WEST TIME MON TUE WE�41 "1 HU 4^"RI SAT SUN 44;E TOT WK AV;:� 21. 22 Lane 1 am pm aim 3"m am pm am pm am pm am PM, am am PM am pm 00;15 45 13 63 16 29 109 1.4 54 00.30 52 7 50 5 12 102 6 51. 00645 564 3 43 9 12 1.01 6 50 01:00 59 2 47 4 6 105 3 542 01.:15 50 5 55 9 1.3 105 6 52 431-30 39 5 34 9 14 72 7 36. 01-45 43 4 53. 9 94 6 47 02:00 45 1 44 7 99 4 4 612-15 53 2 44 2 72 49 2-30 59 1 36 2 3 95 1 4.1, 02645, 53 0 45 8 9 99 4 49 03-00 49 4 55 4 9 104 4 52 03:15 62 2 46 4 6 1.09' 3 54 033630 41 1 55 2 3 96 1 49 033;'45 45 3 39 5 9 414 4 42 04,00 4.7 3 61 0 3 108 1 54 04.15 61 3 54 6 9 115 4 57 04:30 47 2 5.5 0 2 102 1 51 6141.45 55 2 50 3 5 105 2 52 615:4161 47 8 65 5 13 112 6 56 635.1,5 71 6 56 4 10 1.27 5 63 63.5:36 59 1.1 69 7 1.8 127 9 63. 05-45 68 14 6 344 129 15 64 06:00 65 13 241 135 14 67 416;15 64 7 16 126 9 63 616-364 57 70 1 32 3127' 1.6 63 4166,45 80 52 32 132 16 66 0"1.00 66 63 49 1.29 24 6 07:15 37 53 94 90 47 45 417-30 34 3.3 1 0 76 67 39 33 07.45 49 81 - 94 1.67' 94 433 42 08.00 131 1114 235 54 117 47 08:15 9 941 169 79 414 39 418»30 25 33 9' 1.39 59 69 29 08:45 32 26 166 544 63 29 09.00 33 29 1V 62 93 31 09:15 36 7 3 5 129 59 64 29 09:30 29' 54 0 53 107 49 53 24 09645 23 39 9 56 96 51 49 2.5 163-00 1.9 49 5 49 99 43 49 2.1. 141:1.5 21 " 29 51 101 49 510 24 1.0-30 2.5 29 74 44 37 22 10:45 16 45 1015 12 52 16 11-00 57 27 51 108 37 54 18 1.1:15 1_ 443 17 57 105 30 52 1 1.1:30 11 33 12 50 93 23 41 11 11;45 11 36 15 60 96 26 443 13 1.2.00 9 40 7 59 99 15 49 7 ,411E..--___m 0 204e '.34..3.2; 14--_ �._-_ --�^ .w�.��.��..�__......����_�,���.���._�_....���..���.25 44 43 0 6995 342 ,44 Ti-mea 7.45 ' 7-45 7-45 7645 bl Peaks 362 346 7043 353 °44 T iacea 1961,5 17645 156-0163 19:004 61 Peaks 267 263 520 259 97 � A I % ƒ � � \ o E § 70 2 \ 7 % 2 > U) \ o E .U) L 2 E n U 22 E o .¢ � 2 0- o ¢ _0 o n ¢ §_ � -0 % ° _0 2 0) % 2 ( ® 0 E 0 O g 0 / (D 0- 0 ¢ \ / ¢ � -0 ¢ m § 0 0 0- 0 k > 3 c: 0LI) 0-.E 2 / o ¢ o n ¢ ¢ E g � ( o p 9 q m .@ / m ¢ n E E 2 0 2 / \ n ¢ 2 7 E k . 7 0 ° C: � n �n 0 4 .2 0 0 2 2 2 2 % -0 7 J � 0- m o I n g (n / D 2 kv % 0 3 0 � : 0 > OL _0 �� mm 2 oM3 ¢ o E o -0 o Oz-- m ¢ � 70 } ¢ ¢ k =) -a E 2 / � n - \ . E I g > E < } � 2 0 - 0 3 % - 0 2 0 En E /0 � \ 2 § CO 2 D k ƒ U) ._ 2 7 • o E o o ¢ g % � C d 0 2 2 . _= g m . o E (D p / e _ 0C/) n 7 2 . m 2 k ' 7 2 2 2 q -0 2 E o o @ — ¢ . m m � 2 -0 2 2 2 > m -0 > m e 0 ° .\ ° ¢ C 2 0 n - a E k d E 2 / 0 -02 (U -0 ¢ ¢ x 70 E E n 2 ¢ x 2 3 \ 2> . 0 3 E E ¢ % o o ; E .ƒ 0 E \ § ) \ J \ o O o 0 J a o Q o 3 U-(D $ I .E 2 � % 98 CN 4- 0 CN C) CN (D O r-I ry) r-I 0 F- "I',,,0„,,,0I,,,0„,,,0- UIZ 0 u M O D M 0 rlj CF) 00 rlj Ul UUUVV 0 1- 0 LL z .2 rq co rq 0 �, m Ul m 0 0 Ul Ul 0 0 0 Z Qo W) txo 0 0 Z 0 C4 u (1) M 0 CL ...............E > 0 C LU LL 0 >- o o o 99 Traffic Survey Count Analysis Trona Qepsnment of Tramafavr�fivn Form Revised 2/27/2012 2011 TMUTCD Warrants County: Nueces District: Corpus Christi City: Corpus Christi Population: 325,000 Survey Date: 6/23/14 Name Control Section 85%Speed Major Spur 3 Ennis Joslin 45 MPH Minor Al/Sandpiper Eight Highest Hours: Include the same 8 hours for the Major and Minor St.volumes. Time Major St. -Both App. Minor St. -Hi. Vol. App. Comments: Ends Veh. Total Ped. Total Veh. Total Ped. Total Signal is recommende 7:00 PM 2,246 479 9:00 AM 1,640 540 8:00 AM 10:00 AM 12 NOON DUIV 1:00 PM 2:00 PM 3:00 PM p Warrant 1. Eight Hour Vehicular Volume ❑ Yes 0 No Meets 70%°(and major-street speed exceeds opulation less than 10,000)or 100%a (regardless of speed)of Condition A. —or— E] Yes 0 No Meets 70%`(and major-str ds 40 mph o ation less than 10,000)or 100%' (regardless of speed)of Con B. —or— Yes No Meets 80V of Conditions A a —or— ❑ Yes ❑� No Meets of Con s A and d major-street speed exceeds 40 mph or population less tha 00). Condition A-Minimum VehifA plume Ve r St Vehicles per hour on higher-volume Number of Lanes al of Both Approaches) Minor St approach(One Direction Only) Major Required Existing Required Existing Street rcc JJ111J90%a'qW, 70%c 56% 100%a 80% 70%c I 56% 1 1 0 350 280 150 120 105 84 2 or mo 1 480 420 336 150 120 105 84 2 or mor or more 480 420 336 200 160 140 112 kk�,qr 1 more 5 400 350 1 280 200 160 t 140 112 Condition B-In ion of C nIffus Traffic 10�011" Vehicles per hour on Major St Vehicles per hour on higher-volume Number of LanA (Total of Both Approaches) Minor St approach(One Direction Only) Major Mino Required Existing Required Existing Street Street 100%a 80% 70%c 56% 100%a 80% 70%c 56% 1 1 750 600 525 420 1 75 60 53 42 2 or more 1 900 720 630 504 75 60 53 42 2 or more 2 or more 900 720 630 504 100 80 70 56 1 2 or more 1 750 1 600 1 525 1 420 100 1 80 1 70 1 56 aBasic minimum hourly volume. bUsed for combination of Conditions A and B after adequate trial of other remedial measures. °May be used when the major-street speed exceeds 40 mph or in a community with a population of less than 10,000. dMay be used for combination of Conditions A and B after adequat trial of other remedial measures when major street exceeds 40 mph or in an isolated community with a population of less than 10,000. 1 of 100 Traffic Survey Count Analysis TxDOT Form Revised 2/27/2012) Warrant 2. Four Hour Volumes (70% Factor) ❑ Yes 0 No Meets each of 4 Highest Hours(Warrant 2—see Figure 1). 400 ......................................... ............................................ x �'2 OR MORE LANES&2 OR MORE LANES = 300 -Alp W OR MORE LANES& 1 L W Q 200 LU OLU z = 2J O = 100 0 _ 80 *60 0 200 300 400 5 700 800 900 1000 MAJOR T -- TO BOTH APPROACHES--VEHICLES PER HOUR (VPH) * 80 vph a s as the low reshold volume for a minor-street proach re la and 60 vph applies as the lower hres r-street approach with one lane. Figure 1. Four-hour volume warra unity less than 10,000 population or above 40 MPH on major street). (Warrant 2.) 2 of 6 101 Traffic Survey Count Analysis TxDOT Form Revised 2/27/2012) Warrant 3.Peak Hour (70% Factor) ❑ Yes ❑ No Are all of the following conditions true for any four consecutive 15 minute periods? 1. The total stopped time delay experienced by the traffic on one minor street approach(one direction only)controlled by a stop sign equals or exceeds 4 vehicle-hours for a one-lane approach and 5 vehicle-hours for a two-lane approach, and 2. The volume of the same minor street approach(one direction only)equa s or exceeds 100 vph for one moving lane of traffic or 150 vph for two moving lanes, an 11^ 3. The total entering volume serviced during the hour equals or exc 0 vph for intersections with three approaches or 800 vph for intersections (or more) approaches. –or– o Yes ❑ No Meets one High Hour(Warrant 3 —see Figure 2). 11111, 500 w ..................................... ,.........................................,................................................................................ 2 2 OR 2 OR M NES a > 400 U MORE S& 1 LANELU ', Q %0 W 300 ' a PLANE&'1 LANE cn a 3w O � 4,---�A ........... z -n 200 J O 10 „ ��* *100 Z IIIIII1 * *75 400 600 700 800 900 1000 1100 1200 1300 OR STREET--TOTAL OF BOTH APPROACHES-- VEHICLES PER HOUR (VPH) *Note: 100 vph applies as the lower threshold volume for a minor-street approach with two or more lanes and 75 vph applies as the lower threshold volume for a minor-street approach with one lane. Figure 2. Peak hour volume warrant(community less than 10,000 population or above 40 MPH on major street). (Warrant 3.) 3 of6 102 Traffic Survey Count Analysis TxDOT Form Revised 2/27/2012) Warrant 4. Four Hour Pedestrian Volumes(70% Factor) ❑ Yes 0 No Meets each of 4 Highest Hours(Warrant4—see Figure 3). 400 ................................... TOTAL OF ALL 300 PEDESTRIANS CROSSING DDUU, MAJOR STREET- 800 PEDESTRIANS PER 200 HOUR(PPH) nth 100W �s HHHH, Hi 160 0 00% 200 300 400 500 0e", 800 0 1000 MAJORSTREET--TOTOCHES--- VEHICLES P"Note: 10 h applies as thehold volume Figure 3. Four-hour pedestrian warrant(community 1 ulation 1' 35 MPH on major street). (Warrant 4.) Warrant 4.Peak Hour Pedestrian Vol (70%Fact ❑ Yes ❑� No Meets Pe trian(Wa —see Figure 4). 500 TOTAL O PEDES S ° ING 300 ,d MAJ EET- � PEDEST ER Ho > 200 111 74 0 200 300 400 500 600 700 800 900 1000 1100 1200 MAJOR STREET--TOTAL OF BOTH APPROACHES--- VEHICLES PER HOUR(VPH) "Note: 93 pph applies as the lower threshold volume Figure 4. Peak hour pedestrian warrant(community less than 10,000 population or above 35 MPH on major street). (Warrant 4.) 103 Traffic Survey Count Analysis Form Revised 2/27/2011) Warrant 5. School Crossing ❑ Yes [ No Is the number of adequate gaps in traffic stream during the period when the children are using N/A the crossing less than the number of minutes in the same period? —and— El Yes [ No Is there a minimum of 20 students during the highest crossing hour? —and— El Yes C No Is the nearest signal located more than 300 feet away? (This warrant maybe applied,if the proposed signal is less than 300 feet and does not restrict the progressive movement of traffic.) 1111", Warrant 6. Coordinated Signal System ❑ Yes [ No On a one-way street or a street with traffic predominantly in ction, are the adjacent N/A signals far enough apart that the necessary degree of vehi does not occur? —or— ❑ Yes [ No On a two-way street,are the adjacent signals far en appart that the ary degree of vehicle platooning does not occur and would the sed and adjacent tr trol signal provide a progressive operation? Warrant 7. Crash Experience A1111111"', 1W ❑ Yes [ No Is one of the following conditions met?: ♦ 80%of Condition A or Condition B in Or ♦ 56%of Condition A or B in Warrant 1 ( eet speed exceeding 40 mph or population less than 10 ♦ 80%or more of War —and— ❑ Yes [ No Have there been 5 or more re ble eras le to orrection by a traffic signal within a 12 month peri Warrant 8. Roadway Network ❑ Yes [ No Is the to stin , mediate jected, entering volume on all approaches greater than vehicles ach of any urs of a Saturday and/or Sunday. ❑ Yes C No Is 1 exis ' jected, entering volume greater than 1000 vehicles for the pe typical week , and do the 5 year projected traffic volumes meet one or ore of is 1, 2, and 3 during an average weekday? Check applicabl each r Major mor Street treet ❑� It is part treet or highway system that serves as the principal roadway network for through traffic ❑ It in rural or suburban highways outside, entering,or traversing a city. 0 [ ars as a major route on an official plan such as a major street plan in an urban area is and transportation study. Remarks: 5 of 6 104 Traffic Survey Count Analysis TxDOT Form Revised 2/27/2012) Warrant 9. Intersection Near a Grade Crossing(Two or More Approach Lanes at the Track Crossing) El Yes 21 No I Meets one High Hour(Warrant 9—see Figure 5). 350 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,,� .. I 300 r S i rmt ll I I IIIIIIII�I o, 1 2509j I MINOR STREET, Illlllllllllllllll IVllllllii"'° Illlllllllllllllllllllll CROSSING dq��li i uio�ug� APPROACH- 200 EQUIVALENT o "" VPH” ft „� 150 " 1; 100 61,10 50 0�e„ , 5* 0 0 100 200 300 4 500 600 700 800 MAJOR AL OF BOT OACHES--- HOUR( *25 vph applies as the lower thresh olume **VPH after applying the adjustmen ors les -3, and/or 4C-4, if appropriate Figure 5. Railroad Grade Crossin or proach s at the Track Crossing). (Warrant 9.) 105 (�'1 d�NLn l0 L�OD O1 OH li 0 LO T o O N W o rl L N N M � N Ln N \ a M O Ol LO DDUV' q W O W H P, H O v zzv l0 N M .D r-I N P4 -P P4 V•' LO OD DDUV� M. v � o u x Z a o P4 roal pa4 ° a �rd FC o \ a m a O °r` ri N M P4 A w a m m w � a pq O O r N r-I o O O O O O Z O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N O O O O O O O N rl .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. L- OD 01 O r-I r-I r-I N m zzv In l0 r- O Ol O r-I r-I N m zzv In l0 r- r-I r-I r-I r-I 106 Traffic Survey Count Analysis Trona Qepsnment of Tramafavr�fivn Form Revised 2/27/2012 2011 TMUTCD Warrants County: Nueces District: Corpus Christi City: Corpus Christi Population: 325,000 Survey Date: 6/23/14 Name Control Section 85%Speed Major Spur 3 Ennis Joslin 45 MPH Minor BI Eight Highest Hours: Include the same 8 hours for the Major and Minor St.volumes. Time Major St. -Both App. Minor St. -Hi. Vol. App. Comments: Ends Veh. Total Ped. Total Veh. Total Ped. Total Peak hour meets warr owever intersection is 6:00 PM 1,737 151 Right in and Right ly and is to close to a 9:00 AM 608 77 proposed signal No signal is 8:00 AM recommend 10:00 AM 12 NOON DUIV 1:00 PM 2:00 PM 3:00 PM p Warrant 1. Eight Hour Vehicular Volume ❑ Yes 0 No Meets 70%°(and major-street speed exceeds opulation less than 10,000)or 100%a (regardless of speed)of Condition A. —or— E] Yes 0 No Meets 70%`(and major-str ds 40 mph o ation less than 10,000)or 100%' (regardless of speed)of Con B. —or— ❑ Yes ❑,� No Meets 80V of Conditions A a —or— ❑ Yes No Meets of Con s A and d major-street speed exceeds 40 mph or population less tha 00). Condition A-Minimum VehifA plume Ve r St Vehicles per hour on higher-volume Number of Lanes al of Both Approaches) Minor St approach(One Direction Only) Major Required Existing Required Existing Street rcc JJ111J90%a'qW, 70%c 56% 100%a 80% 70%c I 56% 1 1 0 350 280 150 120 105 84 2 or mo 1 480 420 336 150 120 105 84 2 or mor or more 480 420 336 200 160 140 112 kk�,qr 1 more 5 400 350 1 280 200 160 t 140 112 Condition B-In ion of C nIffus Traffic 10�011" Vehicles per hour on Major St Vehicles per hour on higher-volume Number of LanA (Total of Both Approaches) Minor St approach(One Direction Only) Major Mino Required Existing Required Existing Street Street 100%a 80% 70%c 56% 100%a 80% 70%c 56% 1 1 750 600 525 420 1 75 60 53 42 2 or more 1 900 720 630 504 75 60 53 42 2 or more 2 or more 900 720 630 504 100 80 70 56 1 2 or more 1 750 1 600 1 525 1 420 100 1 80 1 70 1 56 aBasic minimum hourly volume. bUsed for combination of Conditions A and B after adequate trial of other remedial measures. °May be used when the major-street speed exceeds 40 mph or in a community with a population of less than 10,000. dMay be used for combination of Conditions A and B after adequat trial of other remedial measures when major street exceeds 40 mph or in an isolated community with a population of less than 10,000. 1 of 107 Traffic Survey Count Analysis TxDOT Form Revised 2/27/2012) Warrant 2. Four Hour Volumes (70% Factor) ❑ Yes 0 No Meets each of 4 Highest Hours(Warrant 2—see Figure 1). 400 ......................................... ............................................ x �'2 OR MORE LANES&2 OR MORE LANES = 300 -Alp W OR MORE LANES& 1 L W Q 200 LU OLU z = 2J O = 100 _ 80 *60 0 200 300 400 5 700 800 900 1000 MAJOR T -- TO BOTH APPROACHES--VEHICLES PER HOUR (VPH) * 80 vph a s as the low reshold volume for a minor-street proach re la and 60 vph applies as the lower hres r-street approach with one lane. Figure 1. Four-hour volume warra unity less than 10,000 population or above 40 MPH on major street). (Warrant 2.) 2 of 6 108 Traffic Survey Count Analysis TxDOT Form Revised 2/27/2012) Warrant 3.Peak Hour (70% Factor) ❑ Yes ❑ No Are all of the following conditions true for any four consecutive 15 minute periods? 1. The total stopped time delay experienced by the traffic on one minor street approach(one direction only)controlled by a stop sign equals or exceeds 4 vehicle-hours for a one-lane approach and 5 vehicle-hours for a two-lane approach, and 2. The volume of the same minor street approach(one direction only)equa s or exceeds 100 vph for one moving lane of traffic or 150 vph for two moving lanes, an 11^ 3. The total entering volume serviced during the hour equals or exc 0 vph for intersections with three approaches or 800 vph for intersections (or more) approaches. –or– o Yes ❑ No Meets one High Hour(Warrant 3 —see Figure 2). 11111, 500 2 2 OR 2 OR M NES a > 400 U MORE S& 1 LANELU ', Q %0 W 300 ' a PLANE&'1 LANE U) p LIJ zr- 4,---�A ........... -n 200 JO 10 „ ��* *100 Z * *75 400 600 700 800 900 1000 1100 1200 1300 OR STREET--TOTAL OF BOTH APPROACHES-- VEHICLES PER HOUR (VPH) *Note: 100 vph applies as the lower threshold volume for a minor-street approach with two or more lanes and 75 vph applies as the lower threshold volume for a minor-street approach with one lane. Figure 2. Peak hour volume warrant(community less than 10,000 population or above 40 MPH on major street). (Warrant 3.) 3 of6 109 Traffic Survey Count Analysis TxDOT Form Revised 2/27/2012) Warrant 4. Four Hour Pedestrian Volumes(70% Factor) ❑ Yes 0 No Meets each of 4 Highest Hours(Warrant4—see Figure 3). 400 ................................... TOTAL OF ALL 300 PEDESTRIANS CROSSING DDUU, MAJOR STREET- 800 PEDESTRIANS PER 200 HOUR(PPH) nth 100W 7s —11,160 0 ,J00% 200 300 400 500 00 800 0 1000 11 111 MAJORSTREET--TOTOTH ACHES--- VEHICLES P ) "Note: 10 h applies as the threshold volume Figure 3. Four-hour pedestrian warrant(community1 ulation o 35 MPH on major street). (Warrant 4.) Warrant 4.Peak Hour Pedestrian Vol (70%Fact E] Yes ❑� No Meets Pe trian(Wa 7—seeFigure 4). 500 TOTAL O PEDES S ° ING 300 ,d MAJ EET- � PEDEST ER Ho > 200 111 74 0 200 300 400 500 600 700 800 900 1000 1100 1200 MAJOR STREET--TOTAL OF BOTH APPROACHES--- VEHICLES PER HOUR(VPH) "Note: 93 pph applies as the lower threshold volume Figure 4. Peak hour pedestrian warrant(community less than 10,000 population or above 35 MPH on major street). (Warrant 4.) 110 Traffic Survey Count Analysis Form Revised 2/27/2011) Warrant 5. School Crossing ❑ Yes [ No Is the number of adequate gaps in traffic stream during the period when the children are using N/A the crossing less than the number of minutes in the same period? —and— El Yes [ No Is there a minimum of 20 students during the highest crossing hour? —and— El Yes C No Is the nearest signal located more than 300 feet away? (This warrant maybe applied,if the proposed signal is less than 300 feet and does not restrict the progressive movement of traffic.) 1111", Warrant 6. Coordinated Signal System ❑ Yes [ No On a one-way street or a street with traffic predominantly in ction, are the adjacent N/A signals far enough apart that the necessary degree of vehi does not occur? —or— ❑ Yes [ No On a two-way street,are the adjacent signals far en appart that the ary degree of vehicle platooning does not occur and would the sed and adjacent tr trol signal provide a progressive operation? Warrant 7. Crash Experience A1111111"', 1W ❑ Yes [ No Is one of the following conditions met?: ♦ 80%of Condition A or Condition B in Or ♦ 56%of Condition A or B in Warrant 1 ( eet speed exceeding 40 mph or population less than 10 ♦ 80%or more of War —and— ❑ Yes [ No Have there been 5 or more re ble eras le to orrection by a traffic signal within a 12 month peri Warrant 8. Roadway Network ❑ Yes [ No Is the to stin , mediate jected, entering volume on all approaches greater than vehicles ach of any urs of a Saturday and/or Sunday. ❑ Yes C No Is 1 exis ' jected, entering volume greater than 1000 vehicles for the pe typical week , and do the 5 year projected traffic volumes meet one or ore of is 1, 2, and 3 during an average weekday? Check applicabl each r Major mor Street treet ❑� It is part treet or highway system that serves as the principal roadway network for through traffic ❑ It in rural or suburban highways outside, entering,or traversing a city. 0 [ ars as a major route on an official plan such as a major street plan in an urban area is and transportation study. Remarks: 5 of 6 111 Traffic Survey Count Analysis TxDOT Form Revised 2/27/2012) Warrant 9. Intersection Near a Grade Crossing(One Approach Lane at the Track Crossing) 11 Yes 0 No I Meets one High Hour(Warrant 9—see Figure 5). 350 300 Minor Street 250 �I Jllliii��� MINOR STREET, APPROACH- 200 460, EQUIVALENT X110 i VPH" ':9, 150 o� 100 �....��,� Nok OO\s�x . . pu 50 0 0 100 200 300 400 00 600 700 800 MAJOR ST L OF BOTH ACHES--- HOUR(V u Figure 5. Railroad Grade Crossin p Lane at t ack Crossing). (Warrant 9.) *25 vph a p the lower t hold volume **VPH a lying the a ctors in s 4C-2, 4C-3, and/or 4C-4, if appropriate 112 (�'1 d'NLn lO�ap O1 OH li o LO OD �T x o OD OD a o to OD M � NLn N \ 3, m LO q W O W H P, H OD � vs O cn a p P4 -P P4 V•' LO OD DDUV� v � � x Z a a � PQ a 0 U P4 A w a m N W � a a aaaaa oaaaaaaa O O O O O Z O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O .. .. .. .. .. N .. .. .. .. .. .. .. .. .. NO O O O r O O O O O O O L— OD Ol O H r-I r-I N m zzv Ln l0 L— OD Ol O H r-I N m zzv Ln l0 L— r-I 113 Traffic Survey Count Analysis Trona Qepsnment of Tramafavr�fivn Form Revised 2/27/2012 2011 TMUTCD Warrants County: Nueces District: Corpus Christi City: Corpus Christi Population: 325,000 Survey Date: 6/23/14 Name Control Section 85%Speed Major McArdle 30 MPH Minor I CI/Sandstone Eight Highest Hours: Include the same 8 hours for the Major and Minor St.volumes. Time Major St. -Both App. Minor St. -Hi. Vol. App. Comments: Ends Veh. Total Ped. Total Veh. Total Ped. Total No signal is recomme 7:00 PM 803 157 8:00 AM 735 163 9:00 AM 10:00 AM 12 NOON DUIV 1:00 PM 2:00 PM 3:00 PM p Warrant 1. Eight Hour Vehicular Volume ❑ Yes 0 No Meets 70%°(and major-street speed exceeds opulation less than 10,000)or 100%a (regardless of speed)of Condition A. —or— E] Yes 0 No Meets 70%`(and major-str ds 40 mph o ation less than 10,000)or 100%' (regardless of speed)of Con B. —or— ❑ Yes ❑,� No Meets 80V of Conditions A a —or— ❑ Yes No Meets of Con s A and d major-street speed exceeds 40 mph or population less tha 00). Condition A-Minimum VehifA plume Ve r St Vehicles per hour on higher-volume Number of Lanes al of Both Approaches) Minor St approach(One Direction Only) Major Required Existing Required Existing Street rcc JJ111J90%a'qW, 70%c 56% 100%a 80% 70%c I 56% 1 1 0 350 280 150 120 105 84 2 or mo 1 480 420 336 150 120 105 84 2 or mor or more 480 420 336 200 160 140 112 kk�,qr 1 more 5 400 350 1 280 200 160 t 140 112 Condition B-In ion of C nIffus Traffic 10�011" Vehicles per hour on Major St Vehicles per hour on higher-volume Number of LanA (Total of Both Approaches) Minor St approach(One Direction Only) Major Mino Required Existing Required Existing Street Street 100%a 80% 70%c 56% 100%a 80% 70%c 56% 1 1 750 600 525 420 1 75 60 53 42 2 or more 1 900 720 630 504 75 60 53 42 2 or more 2 or more 900 720 630 504 100 80 70 56 1 2 or more 1 750 1 600 1 525 1 420 100 1 80 1 70 1 56 aBasic minimum hourly volume. bUsed for combination of Conditions A and B after adequate trial of other remedial measures. °May be used when the major-street speed exceeds 40 mph or in a community with a population of less than 10,000. dMay be used for combination of Conditions A and B after adequat trial of other remedial measures when major street exceeds 40 mph or in an isolated community with a population of less than 10,000. 1 of 114 Traffic Survey Count Analysis TxDOT Form Revised 2/27/2012) Warrant 2. Four Hour Volumes C Yes ❑D No Meets each of 4 Highest Hours(Warrant 2—see Figure 1). 500 ,l""I,"I'l"I'll""I,,,,,,""I'll,'ll""I'll""I'll",'ll"I'll,,'ll"I"ll""I'll""I'll",'ll"I'll" 2 OR MORE LANES&2 OR MORE LANES > 400 2 OR MORE LANES�& 1 L 1 & LU 300 OLU a z 2 200 > = 100 ,115" ............ 80" _ 0 300 400 500 600 70 80 100 1100 1200 1300 1400 MAJOR T -- TO BOTH APPROACHES--VEHICLES PER HOUR (VPH) Figure 1. Four-hour volume w ant 2.) 2 of 6 115 Traffic Survey Count Analysis TxDOT Form Revised 2/27/2012) Warrant 3.Peak Hour C Yes 0 No Are all of the following conditions true for any four consecutive 15 minute periods? 1. The total stopped time delay experienced by the traffic on one minor street approach(one direction only)controlled by a stop sign equals or exceeds 4 vehicle-hours for a one-lane approach and 5 vehicle-hours for a two-lane approach, and 2. The volume of the same minor street approach(one direction only)equ s or exceeds 100 vph for one moving lane of traffic or 150 vph for two moving lanes, an 3. The total entering volume serviced during the hour equals A 50 vph for intersections with three approaches or 800 vph for intersectio (or more) approaches. —or— Yes 0 No Meets one High Hour(Warrant 3 —see Figure 2 DUIV� x600 ........................................ a > 500 - — — z MORE LA 2 OR MORE LANES U LU O 400 � LU I ORE LANES& 1 LANE g, � a IX W 300 1 LANE& 1 LANE OM J 200 150' x 100 � 100 C9 x 0 600 800 900 1000 1100 1200 1300 1400 1500 1600 1700 1800 MAJO EE TAL OF BOTH APPROACHES--VEHICLES PER HOUR (VPH) 150 vph applies as the lower threshold volume for a minor-street pproach with two or more lanes and 100 vph applies as the lower threshold volume for a minor-street approach with one lane. Ilk Figure 2. Peak hour vo arrant (Warrant 3.) 3 of6 116 Traffic Survey Count Analysis TxDOT Form Revised 2/27/2012) Warrant 4.Four Hour Pedestrian Volumes Yes ] No Meets each of 4 Highest Hours(Warrant 4—see Figure 3). 500 TOTAL OF ALL 400 PEDESTRIANS ab. CROSSING 300 yr MAJOR STREET- rdht j PEDESTRIANS PER HOUR(PPH) 200 100 '1 07� 860 300 400 500 600 700 9 000 1100 1200 1300 1400 MAJOR STREET--TOTAL O PROACHES--- VEHICLES PER VPH) "Note: s as the to shold volume Figure 3. Four-hour pedestrian warrant. (Warrant 4.) Warrant 4.Peak Hour Pedestria Yes ❑J No Me of 4 Hig Hours(Wa 4—see Figure 3). b"W-1 700 r T FALL 500 P IANSr� 1 w,,, NG 400 a m MAJORS PEDESTRIAN HOUR(P 300 '133' 100 ;106 0 300 400 500 600 700 800 900 1000 1100 1200 1300 1400 1500 1600 1700 1800 MAJOR STREET--TOTAL OF BOTH APPROACHES--- VEHICLES PER HOUR(VPH) "Note: 133 pph applies as the lower threshold volume Figure 4. Peak hour pedestrian warrant. (Warrant 4.) 117 Traffic Survey Count Analysis Form Revised 2/27/2011) Warrant 5. School Crossing ❑ Yes [ No Is the number of adequate gaps in traffic stream during the period when the children are using N/A the crossing less than the number of minutes in the same period? —and— El Yes [ No Is there a minimum of 20 students during the highest crossing hour? —and— El Yes C No Is the nearest signal located more than 300 feet away? (This warrant maybe applied,if the proposed signal is less than 300 feet and does not restrict the progressive movement of traffic.) 1111", Warrant 6. Coordinated Signal System ❑ Yes [ No On a one-way street or a street with traffic predominantly in ction, are the adjacent N/A signals far enough apart that the necessary degree of vehi does not occur? —or— ❑ Yes [ No On a two-way street,are the adjacent signals far en appart that the ary degree of vehicle platooning does not occur and would the sed and adjacent tr trol signal provide a progressive operation? Warrant 7. Crash Experience A1111111"', 1W ❑ Yes [ No Is one of the following conditions met?: ♦ 80%of Condition A or Condition B in Or ♦ 56%of Condition A or B in Warrant 1 ( eet speed exceeding 40 mph or population less than 10 ♦ 80%or more of War —and— ❑ Yes [ No Have there been 5 or more re ble eras le to orrection by a traffic signal within a 12 month peri Warrant 8. Roadway Network ❑ Yes [ No Is the to stin , mediate jected, entering volume on all approaches greater than vehicles ach of any urs of a Saturday and/or Sunday. ❑ Yes C No Is 1 exis ' jected, entering volume greater than 1000 vehicles for the pe typical week , and do the 5 year projected traffic volumes meet one or ore of is 1, 2, and 3 during an average weekday? Check applicabl each r Major mor Street treet ❑� It is part treet or highway system that serves as the principal roadway network for through traffic ❑ It in rural or suburban highways outside, entering,or traversing a city. 0 [ ars as a major route on an official plan such as a major street plan in an urban area is and transportation study. Remarks: 5 of 6 118 Traffic Survey Count Analysis TxDOT Form Revised 2/27/2012) Warrant 9. Intersection Near a Grade Crossing(Two or More Approach Lanes at the Track Crossing) El Yes 21 No I Meets one High Hour(Warrant 9—see Figure 5). 350 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,,� .. I 300 r S i rmt ll I I IIIIIIII�I o, 1 2509j I MINOR STREET, Illlllllllllllllll IVllllllii"'° Illlllllllllllllllllllll CROSSING dq��li i uio�ug� APPROACH- 200 EQUIVALENT o "" VPH” ft „� 150 " 1; 100 61,10 50 0�e„ , 5* 0 0 100 200 300 4 500 600 700 800 MAJOR AL OF BOT OACHES--- HOUR( *25 vph applies as the lower thresh olume **VPH after applying the adjustmen ors les -3, and/or 4C-4, if appropriate Figure 5. Railroad Grade Crossin or proach s at the Track Crossing). (Warrant 9.) 119 N(�'1 d�Lt7 l0 ap O1 OH li C\l o OD O x o rn to a o OD rn v j M � n N O (V \ M M LO Q W O W H P4 H Ln m vs ri O � OD a �D P4 P 04 V•' LO OD DDUV� v ^ Z u a) x .� a P4 Z PA U N 04 O � � �puw OMO N x � � a � � N W a N C Ln N M o O O O O O Z O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O .. .. .. .. .. N .. .. .. .. .. .. .. .. .. NO O O O r O O O O O O O L— OD Ol O r-1 r-1 r-1 N m zzv LO lO r- OD Ol O r-1 r-1 N m zzv LO lO r- r-I r-I r-I r-I 120 _ AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of July 22, 2014 18.52 Second Reading Ordinance for the City Council Meeting of July 29, 2014 DATE: July 1, 2014 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMop_cctexas.com 361-826-3460 Community Enrichment Fund (4720) appropriation for park improvements CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate $658,416.54 in developer contributions and $220.93 in interest earnings for a sum of $658,637.47 in the No. 4720 Community Enrichment Fund for park improvements, and other related projects. PURPOSE: To appropriate funds received from developer fees and interest earned in the Community Enrichment Fund so that the funds would be available for associated projects. BACKGROUND AND FINDINGS: The Platting Ordinance provides that, should the City accept fee in lieu of land or park development fees, the fees shall be used for the acquisition or improvement of parks most likely to serve the residents of the subdivision. The park most likely to serve a subdivision shall in no case be located more than 5 miles from the subdivision, taking into consideration factors such as the proximity of major barriers to accessibility including freeways, navigable streams and bodies of water. Community Enrichment Funds shall be used only for parkland acquisition, park development and park improvements including utility extensions required to serve recreational areas. ALTERNATIVES: Do not collect fees in lieu of land or park development fees for the acquisition or improvement of parks. OTHER CONSIDERATIONS: none CONFORMITY TO CITY POLICY: City policy requires all funds drawn from the city treasury be appropriated by City Council before they can be expended. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating X Revenue X Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $4,598,499.96 $4,598,499.96 Encumbered / Expended Amount (3/14/14) 2,657,883.69 2,657,883.69 This item 658,637.47 658,637.47 BALANCE $2,599,253.74 $2,599,253.74 Fund(s): The No. 4720 Community Enrichment Fund was established to record revenues and expenditures for park land acquisition, park development, and improvement of parks. Comments: Revenues deposited to this fund for park development are 1) fees in lieu of land, and, 2) park development fee. Funds are appropriated periodically. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Attachment— Schedule of Appropriation; Ordinance Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate$658,416.54 in developer contributions and$220.93 in interest earnings for a sum of$658,637.47 in the No. 4720 Community Enrichment Fund for park improvements, and other related projects. Whereas, City of Corpus Christi Ordinance provides that should the City accept fees in lieu of land for park dedication, the fees shall be placed in the City's Community Enrichment Fund for the acquisition or improvement of parks most likely to serve the residents of the subdivision, which shall in no case be located more than one and one-half miles from the subdivision, and for the parkland acquisition and park development including utility extensions required to serve recreational areas; Whereas, City Ordinance provides that park development fees may be used only for development of a public recreational area that will serve the subdivision consistent with the Parks, Recreation and Open Space Master Plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept and appropriate $658,416.54 in developer contributions and $220.93 in interest earnings, for a sum of$658,637.47, in the No. 4720 Community Enrichment Fund for park improvements and other related projects. 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 Rioj as Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor City of Corpus Christi 4720 COMMUNITY ENRICHMENT FUND Includes deposits received through 6/30/14 Org # Description To be Designated Park Project Appropriated 21460 Developer Fee- interest 57.91 21300 Park trust-u n restrict interest 148.95 21371 Gateway interest 1.26 21357 HEB Park pool &tennis interest 0.26 21502 Beautification prom. interest 1.34 21507 Ed exchg prg-Sister City int. 0.10 21511 Permanent art trust interest 11.11 INTEREST 220.93 21313 Barcelona 5,978.45 Parkview Park 21387 Brighton Village 70,625.00 Brockhampton/Oso Creek Park 21674 Buena Vista 62.55 21336 Cole Park donation 299.00 21675 Don Patricio 1,875.00 21677 George Village 22,500.00 Parker Park 2012 21322 Joslin Tract 105,000.00 Oso Bay Wetland Preserve 21658 Kitty Hawk 376.78 21456 Manhattan Estates 28,062.10 Oso Bay Wetland Preserve 21461 Palmetto Park 2,500.00 21460 Park Development Fee 252,200.00 Oso Bay Wetland Preserve 21440 Park Memorials 48,591.66 Raymond Dulak Memorial 21418 Purdue Road 20,800.00 Parker Park 2012 21620 Rancho Vista 4,546.00 Rancho Vista Park/Trail 21676 Vineyards 95,000.00 Oso Bay Wetland Preserve CONTRIBUTIONS 658,416.54 TOTAL INTEREST& CONTRIBUTIONS 658,637.47 AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of July 22, 2014 Second Reading Ordinance for the City Council Meeting of July 29, 2014 DATE: July 3, 2014 TO: Ronald L. Olson, City Manager FROM: Barney Williams, P.E., Interim Director, Development Services BarneyW@cctexas.com (361) 826-3595 Rezoning from Estate Residential to Commercial for a Boat Storage Facility By CCSemloh Partnership, Ltd. Property Address: 822 Graham Road CAPTION: Case No. 0614-03 CCSemloh Partnership, Ltd.: A change of zoning from the "RE" Residential Estate District to the "CG-2" General Commercial District. The property to be rezoned is described as a 10.861-acre tract of land out of Lot 10, Section 48, Flour Bluff and Encinal Farm and Garden Tracts, located along the south side of Compton Road between the intersections with First National Boulevard and Waldron Road. PURPOSE: The purpose of this rezoning is to allow development of the property for a boat storage facility. RECOMMENDATION: Staff Recommendation (July 29, 2014): Denial of the change of zoning from the "RE" Residential Estate District to the "CG-2" General Commercial District and, in lieu thereof, approval of a Special Permit for a boat storage facility subject to ten conditions. Staff Recommendation (July 22, 2014): Denial of the change of zoning from the "RE" Residential Estate District to the "CG-2" General Commercial District and, in lieu thereof, approval of a Special Permit for a boat storage facility subject to a site plan and nine conditions. Planning Commission Recommendation (June 18, 2014): Approval of the change of zoning from the "RE" Residential Estate District to the "CG-2" General Commercial District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning to develop a boat storage facility comprising of ten storage buildings on 10.861 acres of property. The Unified Development Code allows this use by right in the "CG-2" General Commercial District with limited conditions pertaining to vehicle stacking at gated entrances, square footage limits, lighting, and the prohibiting of maintenance and purging of boats. For a Special Permit with the current zoning district, the development will require a Special Permit with conditions. The development will have to adhere to the buffer requirements of the UDC for the properties west and south that remained residential. The east boundary with the apartment complex does not require buffering, since the property is zoned commercial, but will require construction of a 6-foot fence at the boundary as per UDC requirements. Commercial properties exist north and across Compton Road, which is a Minor Residential Collector street having an 80 foot existing right-of-way. The subject property will require platting with all infrastructure and public improvements in accordance with the Comprehensive Plan and with all master plans. On July 22, 2014, City Council passed the first reading of the ordinance approving the Staff recommendation but asked that the Special Permit incorporate the applicant's request to allow individual boat storage units up to 500 square feet with flexibility in the site plan. Staff worked with the applicant and drafted a revised Special Permit ordinance that accommodates the proposed development needs. Staff recommends approval of the revised Special Permit ordinance. ALTERNATIVES: 1. Deny the request to the "CG-2" General Commercial District. 2. Deny the request to the "CG-2" General Commercial District and, in lieu thereof, approve a Special Permit. 3. Modify the conditions of the proposed Special Permit. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Flour Bluff Area Development Plan, but not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). The rezoning is not consistent with the adopted Future Land Use Plan, which slates the property for estate residential use. Expansion of commercial uses into or within residential areas may be permitted only if such expansion maintains or improves the residential desirability of the impacted neighborhoods. Compared to Neighborhood Commercial uses, such as retail, that provide daily convenience needs of nearby residents; a boat storage facility is not a compatible use with uses allowed in the abutting "RE" Residential Estate Districts to the south and west. The rezoning would also allow other incompatible uses to be developed on the property. On the contrary, the proposed rezoning is compatible with the current zoning and development patterns of the abutting properties to the north and east. 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 for a Special Permit (passed July 22, 2014 on first reading with recommendation to modify conditions) • Revised Ordinance for a Special Permit • Planning Commission Final Report with Attachments • Aerial Overview Map Ordinance amending the Unified Development Code ("UDC"), upon application by CCSemloh Partnership, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to a 10.861-acre tract of land out of Lot 10, Section 48, Flour Bluff and Encinal Farm and Garden Tracts, from the "RE" Residential Estate District to the "RE/SP" Residential Estate District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of CCSemloh Partnership, 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, June 18, 2014, during a meeting of the Planning Commission, and on Tuesday, July 22, 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 CCSemloh Partnership, Ltd. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 10.861-acre tract of land out of Lot 10, Section 48, Flour Bluff and Encinal Farm and Garden Tracts, located along the south side of Compton Road between the intersections with First National Boulevard and Waldron Road (the "Property"), from the "RE" Residential Estate District to the "RE/SP" Residential Estate District with a Special Permit (Zoning Map Nos. 035031 & 035032), 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 Special Permit granted in Section 1 of this ordinance is subject to the Owner meeting the following 10 conditions- 1. onditions:1. Uses: The only uses authorized by this Special Permit other than uses permitted in the base zoning district is a boat storage facility. 2. Buffer Yard: A 15-foot wide buffer yard and 15 buffer points shall be installed, maintained, and remain in place along the south and west property boundaries as long as residential districts or uses are adjacent. 0614-03 OrdinanceSPRevised, CCSemloh Partnership, Ltd (7-29-2014) Page 1 of 3 3. Lighting: All lighting shall be shielded and pole lights shall be of the full cut-off type. Freestanding pole lights are not allowed within 50 feet of the property line of residential zoning districts. 4. Signage: One freestanding sign shall be allowed. The freestanding sign must be a monument sign, which shall not exceed 8 feet in height and 50 square feet in area. One wall sign shall be permitted not to exceed 60 square feet. The wall sign must be facing Compton Road. 5. Vehicle Stacking: A minimum of four off-street vehicle stacking spaces designed in accordance with the standards of the Unified Development Code (UDC) shall be provided between the public right-of-way and the front access gate of the storage facility. 6. Hours of Operation: The hours of operation shall be limited from 6:00 AM to 10:00 PM. Customer access to the facility shall be prohibited after 10:00 PM. A gated entry and security monitors for the facility are required to be installed, remain in place, and be maintained. 7. Storage Space: The maximum allowable storage space for a single boat storage unit shall not exceed 500 square feet and each unit shall only house a single boat. 8. Floor Area: The maximum allowable floor area for the development will be 120,000 square feet. The floor area may be divided into a maximum of ten buildings. 9. On-site Operations: No cleaning, purging, or maintenance of marine engines shall be permitted. 10.Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. 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. 0614-03 OrdinanceSPRevised, CCSemloh Partnership, Ltd (7-29-2014) Page 2 of 3 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 0614-03 OrdinanceSPRevised, CCSemloh Partnership, Ltd (7-29-2014) Page 2 of 3 STATE OF TEXAS JOB NO. 05-6819 COUNTY OF NUECES 10.861 ACRES ALL that certain tract or parcel of land situated in Nueces County, Texas, same lying within the Corporate City Limits of Corpus Christi, Texas, same being out of at 10, Section 48 of the Flour Bluff and Encinal Farm and Garden Tracts as recorded in Volume A, Pages 41-43 of the Map Records of Nueces County, Texas, and being more particularly described by metes and bounds as follows, to wit: BEGINNING at a 5/8 inch iron rod found for the Northeast corner of this tract, same being the Northeast corner of said Lot 10, same being the North corner of Block C-2, Laguna Business Center as recorded in Volume 33, Page 31 of the Map Records of Nucces County, Texas, same lying in the Southwest right-of-way margin of Compton Boulevard; THENCE, along the common boundary line of this tract with said Block C-2, SOUTH 29 degrees 00 minutes 00 seconds WEST, at 154.65 feet passing through a 5/8 inch iron rod found for the West corner of said Block C-2 and the North corner of Block C-3, Laguna Business Center as recorded in Volume 45, Page 8 of the Map Records of Nueces County, Texas, a total distance of 715.30 feet to a point fort Southeast corner ofthis tract, same lying in the Northeast right-of-way margin of a 50 foot City of Corpus Christi drainage easement; THENCE, along said Northeast right-of-way margin of the 50 foot City of Corpus Christi drainage easement, NORTH 61 degrees 00 minutes 00 seconds WEST 663.05 feet to a point forte Southwest corner ofthis tract, same lying in the common boundary line of said Lots 10 & 11 of said Section 48; THENCE, to said common boundary line of Lots 10 & 11, Section 48, NORTH 29 degrees 00 minutes 23 seconds EAST 688.36 feet to a 5/8 inch iron rod found for a Northwest corner oft is tract; THENCE, SOUTH 61 degrees 10 minutes 05 seconds EAST 20.10 feet to a 5/8 inch iron rod found for an interior corner oft i ct; THENCE, NORTH 28 degrees 49 minutes 55 seconds EAST 25.00 feet to a 5/8 is iron rod found forte North corner oft i tract, same lying in said Southwest right- of-way margin of Compton Boulevard; THENCE, along said Southwest right-of-way margin of Compton Boulevard, SOUTH 61 degrees 10 minutes 05 seconds EAST 642.95 feet to the it of beginning and containing 10.861 acres of land. I hereby certi4, that this survey as reflected inthe above Field Notes and attached plat conforms to the current Texas Surveyors Association Standards and Specifications for a Category IA, Condition 11 Land Survey. Dated this the—73 day of 2014. ZZ9— Rona d A. Voss, ReEistered Professional 1,-.ind 19v1rv#-vnr Nn 7701 Exhibit A C L~A Sl,?4veaO Rec.—,14- T G(LL ALL J 5GI^OH•/¢'E S 6r•Do'00"E 30.D0' 3D•00' z Pl7d'3a'/b•E yV 7d"QG•¢7'4' /6x•59 3 —,Z.,z F'E 5 @7^04'D 'X- 55, E55'E MX9•00•00•C zs•ao• 2s•oo' �G UFF GENTQ"A �ikRNCT� Fm•Se'%R(TYa) (.SL/'OD'00`E,660'] `•�B%P.F, (T TON ADULEYMO /''AAC C� E _ �r AWA,:W �z Il [sct•oo'oo'e A9o.ra7 C5 Lr•oo' i5*e7 S n .9c0cr_ P�P�1 / S (5 cn•lo'os•C Oso.ro7 S 4 (5 Gr'la'o5'E 442•45) 4AQ.-A fiNQSL �'F� 3 �T"CEt P•L. \LO./d P!b Cc--4 V 9C331". 3t' `* Hc� - [op Amur) N*TRAL>s A-/,Az 4: .$�Ec7latir¢v p A /y y�l In. Jy �Q.O�a� KGRCS 'p 4.3 /.ax,'i`.Zaxo.Z41oi WI I 4, C-3 C'WORNCT� V I L/f4..R B i.,ve=s NH I1 `i'$ W,a 37.336 .acnes 3 cc,•,-,c.. 1u.¢5,o r; V HI I t O V CHRNG� J o C N N M O C �Ij No, Tr Et�, \ N "`....., 6•4f >Af /�aAv. OF ,SES q S C.ci7v SO'D.E, Ate".rI'z9—HS.00-) Sec�un,46 b Ui 9Q M iRAc> ,O F•�E.i.+G,.T. IrrI M Om+eXooco/SSI¢ �I H �v In ao [N(eI'00"00•N/ 1X 95.D'Y](N bf-//•X9'0//Z3Ae3' G,eafST@>r GRAHAM /e4DAO (40-60 ,?ou) N NOTES: D (1.) Found 5/'B"I.R.@ all lot corners unless noted otherwise. (2. House Ties are to thse faun ation. , L3 �'$"OLNOTL3 ET B'/.R �' This property lies within Zone C ��D F rE 1,Ronald A.Voss,a Registered Professional Land Surveyor,do hereby according to FIRM 85 ,which �!:��sTE,y'•;Cy certify that this survey was made on the ground of the property shown Is not within the 100 year Flood Plane. 5:eE FD•;Jr hereon under my direction and supervision;that it is my knowledge and {r: •.* belief;that there are no apparent encroachments orovedappingof RONALO•ts:VOSS Improvements with the deed limes except as shown hereon.This Survey NOT VALID WITHOUT ORIGINAL was performed without the benefit of a Title Policy or Tile Opinion. SIGNATURE AND ORIGINAL SEAL A 2293 NOTE:THIS SURVEY IS FOR THE SOLE USE OF THE BUYER,TITLE COMPANY, !,;9OFESStU�p�Q• OR MORTGAGE COMPANY IN THIS TRANSACTION ONLY.NO LICENSE HAS y�SURVEy �. BEEN CREATED,EXPRESSED OR IMPLIED,TO COPY THE SURVEY,WHICH IS '.. VOID AFTER SIX MONTHS FROM THE DATE OF THIS SURVEY. /' 9 BUYER: Registered Professional Land Surveyor State of Texas No.2293 DATE: 05/03/05- oop4l Acres, Out of Lot 10 , Section 48, CREW: RS&DL Flour Bluff and Encinal Farm and Garden Tracts, OFFICE: RS&DL DRAFTING: RV&RA V. A, P. 41-43, (MRNCT), GF#: Corpus Christi, Nueces County,Texas. JOB#: 05-6819 KEY: WOOD FENCE VOSS ENGINEERING, INC. [RECORDED] WIRE FENCE ENGINEERING&LAND SURVEYING (MEASURED) - z — 3756 BRATTON ROAD,CORPUS CHRISTI,TEXAS,78413 VINYL FENCE PHONE: (361)854-6202 FAX:(361)853-4696 Exhibit B Ordinance amending the Unified Development Code ("UDC"), upon application by CCSemloh Partnership, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to a 10.861-acre tract of land out of Lot 10, Section 48, Flour Bluff and Encinal Farm and Garden Tracts, from the "RE" Residential Estate District to the "RE/SP" Residential Estate District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of CCSemloh Partnership, 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, June 18, 2014, during a meeting of the Planning Commission, and on Tuesday, July 22, 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 CCSemloh Partnership, Ltd. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 10.861-acre tract of land out of Lot 10, Section 48, Flour Bluff and Encinal Farm and Garden Tracts, located along the south side of Compton Road between the intersections with First National Boulevard and Waldron Road (the "Property"), from the "RE" Residential Estate District to the "RE/SP" Residential Estate District with a Special Permit (Zoning Map Nos. 035031 & 035032), as shown in Exhibits "A", "B" and "C." Exhibit A, which is a metes and bounds description of the Property, Exhibit B, which is a map to accompany the metes and bounds, and Exhibit C, which is a site plan of the Property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner meeting the requirements of Exhibit C and the following 9 conditions- 1. onditions:1. Uses: The only uses authorized by this Special Permit other than uses permitted in the base zoning district is a boat storage facility. 2. Buffer Yard: A 15-foot wide buffer yard and 15 buffer points shall be installed, maintained, and remain in place along the south and west property boundaries as long as residential districts or uses are adjacent. 3. Lighting: All lighting shall be shielded and pole lights shall be of the full cut-off type. Freestanding pole lights are not allowed within 50 feet of the property line of residential zoning districts. 4. Signage: One freestanding sign shall be allowed. The freestanding sign must be a monument sign, which shall not exceed 8 feet in height and 50 square feet in area. One wall sign shall be permitted not to exceed 60 square feet. The wall sign must be facing Compton Road. 5. Vehicle Stacking: A minimum of four off-street vehicle stacking spaces designed in accordance with the standards of the Unified Development Code (UDC) shall be provided between the public right-of-way and the front access gate of the storage facility. 6. Hours of Operation: The hours of operation shall be limited from 6:00 AM to 10:00 PM. Customer access to the facility shall be prohibited after 10:00 PM. A gated entry and security monitors for the facility are required to be installed, remain in place, and be maintained. 7. Storage Space: The maximum allowable storage space for a single boat storage unit shall not exceed 500 square feet and each unit shall only house a single boat. 8. On-site Operations: No cleaning, purging, or maintenance of marine engines shall be permitted. 9. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. 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. Page 2 of 3 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 0614-03 OrdinanceSP, CCSemloh Partnership, Ltd Page 3 of 3 STATE OF TEXAS JOB NO. 05-6819 COUNTY OF NUECES 10.861 ACRES ALL that certain tract or parcel of land situated in Nueces County, Texas, same lying within the Corporate City Limits of Corpus Christi, Texas, same being out of at 10, Section 48 of the Flour Bluff and Encinal Farm and Garden Tracts as recorded in Volume A, Pages 41-43 of the Map Records of Nueces County, Texas, and being more particularly described by metes and bounds as follows, to wit: BEGINNING at a 5/8 inch iron rod found for the Northeast corner of this tract, same being the Northeast corner of said Lot 10, same being the North corner of Block C-2, Laguna Business Center as recorded in Volume 33, Page 31 of the Map Records of Nucces County, Texas, same lying in the Southwest right-of-way margin of Compton Boulevard; THENCE, along the common boundary line of this tract with said Block C-2, SOUTH 29 degrees 00 minutes 00 seconds WEST, at 154.65 feet passing through a 5/8 inch iron rod found for the West corner of said Block C-2 and the North corner of Block C-3, Laguna Business Center as recorded in Volume 45, Page 8 of the Map Records of Nueces County, Texas, a total distance of 715.30 feet to a point fort Southeast corner ofthis tract, same lying in the Northeast right-of-way margin of a 50 foot City of Corpus Christi drainage easement; THENCE, along said Northeast right-of-way margin of the 50 foot City of Corpus Christi drainage easement, NORTH 61 degrees 00 minutes 00 seconds WEST 663.05 feet to a point forte Southwest corner ofthis tract, same lying in the common boundary line of said Lots 10 & 11 of said Section 48; THENCE, to said common boundary line of Lots 10 & 11, Section 48, NORTH 29 degrees 00 minutes 23 seconds EAST 688.36 feet to a 5/8 inch iron rod found for a Northwest corner oft is tract; THENCE, SOUTH 61 degrees 10 minutes 05 seconds EAST 20.10 feet to a 5/8 inch iron rod found for an interior corner oft i ct; THENCE, NORTH 28 degrees 49 minutes 55 seconds EAST 25.00 feet to a 5/8 is iron rod found forte North corner oft i tract, same lying in said Southwest right- of-way margin of Compton Boulevard; THENCE, along said Southwest right-of-way margin of Compton Boulevard, SOUTH 61 degrees 10 minutes 05 seconds EAST 642.95 feet to the it of beginning and containing 10.861 acres of land. I hereby certi4, that this survey as reflected inthe above Field Notes and attached plat conforms to the current Texas Surveyors Association Standards and Specifications for a Category IA, Condition 11 Land Survey. Dated this the—73 day of 2014. ZZ9— Rona d A. Voss, ReEistered Professional 1,-.ind 19v1rv#-vnr Nn 7701 Exhibit A C L~A Sl,?4veaO Rec.—,14- T G(LL ALL J 5GI^OH•/¢'E S 6r•Do'00"E 30.D0' 3D•00' z Pl7d'3a'/b•E yV 7d"QG•¢7'4' /6x•59 3 —,Z.,z F'E 5 @7^04'D 'X- 55, E55'E MX9•00•00•C zs•ao• 2s•oo' �G UFF GENTQ"A �ikRNCT� Fm•Se'%R(TYa) (.SL/'OD'00`E,660'] `•�B%P.F, (T TON ADULEYMO /''AAC C� E _ �r AWA,:W �z Il [sct•oo'oo'e A9o.ra7 C5 Lr•oo' i5*e7 S n .9c0cr_ P�P�1 / S (5 cn•lo'os•C Oso.ro7 S 4 (5 Gr'la'o5'E 442•45) 4AQ.-A fiNQSL �'F� 3 �T"CEt P•L. \LO./d P!b Cc--4 V 9C331". 3t' `* Hc� - [op Amur) N*TRAL>s A-/,Az 4: .$�Ec7latir¢v p A /y y�l In. Jy �Q.O�a� KGRCS 'p 4.3 /.ax,'i`.Zaxo.Z41oi WI I 4, C-3 C'WORNCT� V I L/f4..R B i.,ve=s NH I1 `i'$ W,a 37.336 .acnes 3 cc,•,-,c.. 1u.¢5,o r; V HI I t O V CHRNG� J o C N N M O C �Ij No, Tr Et�, \ N "`....., 6•4f >Af /�aAv. OF ,SES q S C.ci7v SO'D.E, Ate".rI'z9—HS.00-) Sec�un,46 b Ui 9Q M iRAc> ,O F•�E.i.+G,.T. IrrI M Om+eXooco/SSI¢ �I H �v In ao [N(eI'00"00•N/ 1X 95.D'Y](N bf-//•X9'0//Z3Ae3' G,eafST@>r GRAHAM /e4DAO (40-60 ,?ou) N NOTES: D (1.) Found 5/'B"I.R.@ all lot corners unless noted otherwise. (2. House Ties are to thse faun ation. , L3 �'$"OLNOTL3 ET B'/.R �' This property lies within Zone C ��D F rE 1,Ronald A.Voss,a Registered Professional Land Surveyor,do hereby according to FIRM 85 ,which �!:��sTE,y'•;Cy certify that this survey was made on the ground of the property shown Is not within the 100 year Flood Plane. 5:eE FD•;Jr hereon under my direction and supervision;that it is my knowledge and {r: •.* belief;that there are no apparent encroachments orovedappingof RONALO•ts:VOSS Improvements with the deed limes except as shown hereon.This Survey NOT VALID WITHOUT ORIGINAL was performed without the benefit of a Title Policy or Tile Opinion. SIGNATURE AND ORIGINAL SEAL A 2293 NOTE:THIS SURVEY IS FOR THE SOLE USE OF THE BUYER,TITLE COMPANY, !,;9OFESStU�p�Q• OR MORTGAGE COMPANY IN THIS TRANSACTION ONLY.NO LICENSE HAS y�SURVEy �. BEEN CREATED,EXPRESSED OR IMPLIED,TO COPY THE SURVEY,WHICH IS '.. VOID AFTER SIX MONTHS FROM THE DATE OF THIS SURVEY. /' 9 BUYER: Registered Professional Land Surveyor State of Texas No.2293 DATE: 05/03/05- oop4l Acres, Out of Lot 10 , Section 48, CREW: RS&DL Flour Bluff and Encinal Farm and Garden Tracts, OFFICE: RS&DL DRAFTING: RV&RA V. A, P. 41-43, (MRNCT), GF#: Corpus Christi, Nueces County,Texas. JOB#: 05-6819 KEY: WOOD FENCE VOSS ENGINEERING, INC. [RECORDED] WIRE FENCE ENGINEERING&LAND SURVEYING (MEASURED) - z — 3756 BRATTON ROAD,CORPUS CHRISTI,TEXAS,78413 VINYL FENCE PHONE: (361)854-6202 FAX:(361)853-4696 Exhibit B Asp Ii L4 --------------- I 4�1 s Exhibit C PLANNING COMMISSION FINAL REPORT Case No.: 0614-03 HTE No. 14-10000024 Planning Commission Hearing Date: June 18, 2014 City Council Public Hearing and First Reading Date: July 22, 2014 a Representative: John Kendall � ° Applicant/Owner: CCSemloh Partnership, Ltd. 0 CL Legal Description/Location: Being a 10.861-acre tract of land out of Lot 10, a 5 Section 48, Flour Bluff and Encinal Farm and Garden Tracts, located along the Q°a o south side of Compton Road between the intersections with First National Boulevard and Waldron Road. +., From: "RE" Residential Estate District To: "CG-2" General Commercial District 'E Cr Area: 10.861 acres N° Purpose of Request: To allow construction of a boat storage facility. Existing Zoning Existing Land Use Future Land Use District Site "RE" Residential Estate Vacant Estate Residential .F y "CG-1" General Commercial, Vacant Estate Residential 0 M North Commercial & Public/Semi-public Commercial & Public/Semi-Public South "RE" Residential Estate Vacant Estate Residential N Lu East "RE" Residential Estate Medium Density Medium Density Residential Residential West "RE" Residential Estate Vacant Estate Residential 06 Area Development Plan: The subject property is located within the boundaries C c of the Flour Bluff Area Development Plan (ADP) and is planned for estate residential uses. The proposed change of zoning to the "CG-2" General a c Commercial District is not consistent with the adopted Future Land Use Plan. a Map No.: 035031 & 035032 Zoning Violations: None c� L oa o Transportation and Circulation: The subject property has access to Compton Road, which is a "C1" Minor Residential Collector street. c� L Urban Proposed Existing Traffic Street Transportation Plan Section Section Volume 06 Type C Compton "Cl" Minor 60' ROW 80' ROW Not Rd. Residential Collector 40' paved 66' paved Available Case#0614-03 CCSemloh Partnership, Ltd. Page 2 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "RE" Residential Estate District to the "CG-2" General Commercial District to allow construction of a boat storage facility. Development Plan: The owner is proposing to develop the lot with multiple structures to be used for boat storage. As shown on the attached site plan, the development will consist of ten boat storage buildings. The majority of the storage units will not exceed 400 square feet, as limited by the conditions listed in the Unified Development Code. However, the owners would like to construct units over the limit to house larger boats. A special permit would be required to allow this condition. The total area of the proposed buildings is 110,400 square feet. The business is proposed to operate from 6:00 AM to 10:00 PM and there will be no employees on site. Per the Unified Development Code (UDC), no purging of inboard or outboard boat engines would be permitted at the site. A Type C buffer, which consists of a 15-foot wide buffer yard and 15 buffer points, would be required along the south and west property boundaries. Existing Land Uses & Zoning: North of the subject property and across Compton Road are a U.S. Post Office and the backside of a shopping center. These properties are zoned "CG-1" General Commercial District. South and west of the subject property is vacant land which is zoned "RE" Residential Estate District. East of the property are two apartment complexes that are 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 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 within the boundaries of the Flour Bluff ADP and the proposed rezoning is not consistent with the adopted Future Land Use Plan, which slates the property for estate residential uses. The proposed rezoning opens examination into two pertinent elements of the Comprehensive Plan such as- 1. s:1. Incompatible industrial and commercial land uses should not abut residential areas (Residential Policy Statement 1). 2. Expansion of commercial uses into or within residential areas may be permitted only if such expansion maintains or improves the residential desirability of the impacted neighborhoods (Commercial Policy Statement D). K:\DevelopmentSvcs\SHARED\Legistar\2014 CC Agenda Items\7-29-2014\0614-03 CCSemloh Partnership, Ltd\0614-03 Report for CC, CCSemloh Partnership, Ltd_revised.docx Case#0614-03 CCSemloh Partnership, Ltd. Page 3 Department Comments: • The proposed rezoning is not consistent with the Comprehensive Plan or the Future Land Use Plan's designation of the property for estate residential uses. • A boat barn is not a compatible use with the uses allowed in the abutting "RE" Residential Estate Districts to the south and west, which are also owned by CCSemloh Partnership, Ltd. The proposed rezoning is compatible with the current zoning and development patterns of the abutting properties to the north and east. • Although planned for a boat storage facility, other incompatible uses will be allowed to be developed on the property. Uses such as vehicle sales and service, self- service storage, and bars and night clubs are allowed in the "CG-2" General Commercial District. These uses would not be compatible with the adjacent residentially zoned properties, therefore a Special Permit allowing only the boat storage facility will be appropriate for this area. • With the required conditions listed in the UDC and the Special Permit conditions, the proposed development would provide less of a negative impact to the adjacent estate residential properties. Staff Recommendation (July 22, 2014): Denial of the change of zoning from the "RE" Residential Estate District to the "CG-2" General Commercial District and in lieu thereof, approval of a Special Permit for a boat storage facility subject to a site plan and nine conditions. Special Permit Conditions: The following development conditions are consistent with the limited conditions of the UDC with additional conditions to address negative impacts to the adjacent residential properties and to address the increased square footage of the units. 1. Uses: The only uses authorized by this Special Permit other than uses permitted in the base zoning district is a boat storage facility. 2. Buffer Yard: A 15-foot wide buffer yard and 15 buffer points shall be installed, maintained, and remain in place along the south and west property boundaries as long as residential districts or uses are adjacent. 3. Lighting: All lighting shall be shielded and pole lights shall be of the full cut-off type. Freestanding pole lights are not allowed within 50 feet of the property line of residential zoning districts. 4. Signage: One freestanding sign shall be allowed. The freestanding sign must be a monument sign, which shall not exceed 8 feet in height and 50 square feet in area. One wall sign shall be permitted not to exceed 60 square feet. The wall sign must face Compton Road. 5. Vehicle Stacking: A minimum of four off-street vehicle stacking spaces designed in accordance with the standards of the Unified Development Code (UDC) shall be provided between the public right-of-way and the front access gate of the storage facility. 6. Hours of Operation: The hours of operation shall be limited from 6:00 AM to 10:00 PM. Customer access to the facility shall be prohibited after 10:00 PM. A gated entry and security monitors for the facility are required to be installed, remain in place, and be maintained. 7. Storage Space: The maximum allowable storage space for a single boat storage unit shall not exceed 500 square feet and each unit shall only house a single boat. Case#0614-03 CCSemloh Partnership, Ltd. Page 4 8. On-site Operations: No cleaning, purging, or maintenance of marine engines shall be permitted. 9. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Planning Commission Recommendation (June 18, 2014): Approval of the change of zoning from the "RE" Residential Estate District to the "CG-2" General Commercial District. Number of Notices Mailed — 16 within 200-foot notification area., 2 outside notification area 0 As of June 26, 2014: 0 In Favor — 4 inside notification area; 1 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) Site Plan K:\DevelopmentSvcs\SHARED\Legistar\2014 CC Agenda Items\7-29-2014\0614-03 CCSemloh Partnership, Ltd\0614-03 Report for CC, CCSemloh Partnership, Ltd_revised.docx 3 ti Q 4 3 — 13 CG- 1 1�i D5 8 2 D3 SUBJECT z - 10 PROPERTY 0., 115 14 17 9 �QA, O,,,.. D9 19 C-z 20 CG- 2 C-3 15 6 18 Z 12 QUO QG R S 6 G�yAM•R. O Date Created:6/4/2014 0 400 800 /Prep&'red By:LARRYF Feet Dep rlment of Development Services CASE: 0614-03 NQS ZONING & NOTICE AREA SUBJECT PROPERTY RM-1 Multifamily 1 IL Light Industrial RM-2 Multifamily 2 IH Heavy Industrial RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 RM-AT Multifamily AT RS-6 Single-Family 6 CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 CN-2 Neighborhood Commercial RS-TF Two-Family CR-1 Resort Commercial RS-15 Single-Family 15 CR-2 Resort Commercial RE Residential Estate J� lel CG-1 General Commercial RS-TH Townhouse �Q 404,,, CG-2 General Commercial4T Cl Intensive Commercial SP Special Permit RV Recreational Vehicle Park CBD Downtown Commercial tp vRp RMH Manufactured Home CR-3 Resort Commercial FR Farm Rural H Historic Overlay �ee� iW BP Business Park E"9�Y.pR � Subject Property Owners City Of with 200'buffer O in favor ��R COiPUS 4 Owners within 200'listed on v Owners LOCATION MAP Christi attached ownership table /�in opposition Asp Ii L4 --------------- I 4�1 s Exhibit C O r �w,,u K, �,�R �.Q �,�, � t �, � �� � �/ �� � �� �r ,�,�1'`If(� r, /�/ �� �� 4Yr� ��� ✓� �®� y � a d i, d 1 �Y �� /��i�S �p � ii �/ ���� l , a ii � �> �:� �� HiQ/� /J�� �l „ ��/ '? ', 2� ���/ , i Ui /' ���f C� � � ;� - . .� � d , rr %� �� ,. �; r Ir a pi ; F � � u ^' w ���� ��;, �� �, "f '�� ,, �� ��� ' �� i � I' �� �: /. �' ���, ,, ,,, K, �.Q i S 1 ffp� N� x 6jt G,A e 4,.y p .y r � r O � Q I 4-1 p qa k / u 1,f 8� ,. r d AGENDA MEMORANDUM oaPowRko First Reading Ordinance for the City Council Meeting of July 29, 2014 2852 Second Reading Ordinance for the City Council Meeting of August 12, 2014 DATE: July 1, 2014 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police Floyds(o-)-cctexas.com 886-2605 Appropriating funds from the U.S. Immigration and Customs for Police equipment CAPTION: Ordinance appropriating $12,000.00 in General Fund No. 1020 from the U.S. Immigration and Customs Enforcement FY2014 Joint Operations Program Funding program for the purchase of Police equipment; 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 $12,000.00 each. PURPOSE: Appropriate the funds for use by the Police Department for purchase of equipment. BACKGROUND AND FINDINGS: The Police Department works in conjunction with Immigration and Customs Enforcement (ICE) on an overtime basis for specialized enforcement. ICE has awarded our department$12,000 for the purchase of equipment. ALTERNATIVES: No 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: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 1 12,000.001 1 127000.00 BALANCE 127000.00 127000.00 Fund(s): General Comments:. RECOMMENDATION: Staff recommends appropriation of the funds. LIST OF SUPPORTING DOCUMENTS: Award Letter Ordinance appropriating $12,000.00 in General Fund No. 1020 from the U.S. Immigration and Customs Enforcement FY2014 Joint Operations Program Funding program for the purchase of Police equipment; 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 $12,000.00 each. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $12,000.00 from the U.S. Immigration and Customs Enforcement FY2014 Joint Operations Program Funding program is appropriated in the No. 1020 General Fund for the purchase of Police equipment. SECTION 2. The FY 2013-2014 operating budget adopted by Ordinance No. 029915 is amended by increasing revenue and expenditures by $12,000.00 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 Homeland Security Investigations Office of the.Special Agent in Charge U.S.Department of Homeland Security 4141 North Sam Houston Partway East Suite 300 Houston,Tcxas 77032 I U.S. immigration � and Customs Enforcement June 30, 2014 I Floyd Simpson Chief of Police Corpus Christi Police Department 321 John Sartain Corpus Christi, TX 78401 Re: Equipment Purchases Utilizing Fiscal. Year 2014 Joint Operations Program Funding Dear Chief Simpson: This letter is in regards to equipment purchases utilizing Fiscal Year(FY) 2014 Joint Operations Program Funding. You are authorized for FY 2014 to spend $12,000.00 of your previously allotted $19,000.00 in Joint Operations Funding towards equipment/software deemed necessary to further HSI and Corpus Christi Police Department joint investigations. The remainder may go towards officer overtime regarding HSI and joint investigations. To date, you have spent $2,819.63 dollars for previously authorized forensic equipment, leaving you a total of$9,180.37 to use towards future purchases. Please contact Supervisory Special Agent David A. Picani at 361-886-1557, if you have any further questions regarding purchases made with Joint Operations Program funding. I i Sincerely, Thomas J, on 1 Assistant pecial Agent in Charge Homeland Security Investigations Corpus Christi www.ice.gov 1 r Homeland Security Investigations U.S.Department of Homehmd Security 4141 North Sam Houston Parkway East Suite 300 Houston,Texas 77032 U.S. Immigration and Customs Enforcement JUN 2 4 2014 t Mr. Floyd D. Simpson Chief of Police Corpus Christi Police Department 321 John Sartain Street Corpus Christi,TX 78401 Re: Fiscal Year 2014 Joint Operations Program—Total Funding Allotment Dear Cimpson: The Corpus Christi Police Department is a valued partner in.HSI Houston's Joint Operations Program which,as you know,allows HSI to reimburse your department for certain approved expenses incurred in support of our shared law enforcement goals. HSI's Joint Operations Program is funded by the Treasury Forfeiture Fund and operates on the federal government's fiscal year(FY). FY14 began on.October 1,2013, and ends on September 30,2014. FY14 Total Allotment Your department's second allotment for FY14 is: Overtime-$11,000.00. This second allotment,plus the first allotment provided earlier this year,represents the total amount of funding being provided to your department for FY14. I Total Allotment for FY14-$19,000.00 Please remember that the Joint Operations Program is a reimbursement program and all requested reimbursements must be directly related to expenses incurred as a result of Corpus Christi Police Department participation with HSI. Timeliness of Submissions HSI's Joint Operations Program is funded by the Treasury Forfeiture Fund,and therefore, we are bound by their rules and procedures. One of the most important aspects of managing this program involves the timely submission and processing of your agency's reimbursement packages. In order for us to ensure compliance with fiscal law and regulations,it is critical that your agency submit all reimbursement packages to your HSI point of contact within 30 calendar days after the end of the preceding month. Packages received after this time period will cause a delay in reimbursement to your department. www.ice.gov r Mr. Simpson-Joint Operations Program Funding FY14 Page 2 of 2 Thank you in advance for your continued support of HSI. If you or your staff has any technical questions or concerns about the program,please feel free to contact Group Supervisor Jennifer Havies at 281-985-0583. I; Sine ly, - � an Moskowitz pedal Agent in Charge US 0 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of July 29, 2014 1852Second Reading Ordinance for the City Council Meeting of August 12, 2014 DATE: July 14, 2014 TO: Ronald L. Olson, City Manager FROM: Rebecca Huerta, City Secretary (361) 826-3105 rebeccah@cctexas.com Ordering a General Election — November 4, 2014 CAPTION: Ordinance ordering a general election to be held on November 4, 2014, in the City of Corpus Christi for the election of mayor and eight council members; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early polling places; designating polling place locations; authorizing a joint election with Nueces County, and a runoff election, if one is necessary; and enacting provisions incident and relating to the subject and purpose of this ordinance. PURPOSE: This item will allow for a general election to be held on November 4, 2014 to elect mayor and eight council members; and allow the City to enter into a joint election with Nueces County. BACKGROUND AND FINDINGS: Per the City Charter, the regular election of the mayor and eight council members shall be held on the November uniform election date of even-numbered years as authorized by State law. As in the past, the City can conduct a joint election with Nueces County if approved by Council. ALTERNATIVES: None. OTHER CONSIDERATIONS: The City Council will also consider an ordinance calling for a special election on November 4, 2014 to consider the questions of two (2) Bond Propositions for street and street-related improvements and one (1) Proposition for the sale of city park land. Council will consider that ordinance in a separate agenda item. CONFORMITY TO CITY POLICY: This ordinance complies with the requirements of the Texas Government Code, the Texas Election Code, and the City Charter. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Legal Finance Department Budget Department FINANCIAL IMPACT: Q 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 1 $370,0001 1 BALANCE Fund(s): Comments: Per Nueces County, the combined cost estimate for the general and special election is $246,553.74 (see attachment). If a run-off election is necessary, additional costs would be incurred. Staff has budgeted a conservative amount of$370,000 to cover the costs of the general /special election and possible run-off election. RECOMMENDATION: Approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Joint Election Agreement Election Services Contract Election Cost Estimate AN ORDINANCE ORDERING A GENERAL ELECTION TO BE HELD ON NOVEMBER 4, 2014, IN THE CITY OF CORPUS CHRISTI FOR THE ELECTION OF MAYOR AND EIGHT COUNCIL MEMBERS; PROVIDING FOR PROCEDURES FOR HOLDING SUCH ELECTION; PROVIDING FOR NOTICE OF ELECTION AND PUBLICATION THEREOF; PROVIDING FOR ESTABLISHMENT OF BRANCH EARLY POLLING PLACES; DESIGNATING POLLING PLACE LOCATIONS; AUTHORIZING A JOINT ELECTION WITH NUECES COUNTY, AND A RUNOFF ELECTION, IF ONE IS NECESSARY; AND ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE. WHEREAS, the City Charter provides for the holding of a regular City election for Mayor and Council Members in the City of Corpus Christi, on the November Uniform Election Date in even-numbered years as authorized by State law, the same being November 4, 2014;with a runoff election, if one is necessary; and WHEREAS,it is provided in Section 3.004 of the Texas Election Code that municipal authorities shall order elections pertaining to municipal affairs, and other provisions of the Election Code provide for notice, appointment of officers to hold the election, and other matters related to the holding of the election; and WHEREAS,Nueces County will also be conducting a General Election on November 4, 2014. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A regular City election (hereinafter"the Election") for a Mayor and eight Council Members shall be held in the City of Corpus Christi, Texas on Tuesday, November 4, 2014; SECTION 2. At the Election all qualified voters of the City of Corpus Christi shall be permitted to vote. SECTION 3. The names of candidates for the office of Mayor and the names of candidates for the office of the City Council members shall be placed on said ballot in the manner and form prescribed by law. SECTION 4. The eSlate direct recording equipment(DRE) shall be employed at the election in accordance with the Texas Election Code and the Election shall be held at the polling places in the regularly prescribed precincts of the City of Corpus Christi, as set forth on Attachment A hereto incorporated by reference and made part of this ordinance. The Election shall be held in accordance with the Election Laws of the State of Texas. The polls shall be open from 7:00 a.m. to 7:00 p.m. on the date of the Election. SECTION 5. The City Secretary shall conduct the Election as directed by ordinance of the City Council and by law in accordance with the Joint Election Agreement to be entered into with Nueces County. The City Secretary is directed to provide such demographic data and information as required by law. SECTION 6. The eSlate direct recording equipment shall be used for the conduct of the Election on Election Day and for early voting. Early voting in person at each of the temporary branch polling places shall be conducted on October 20, 2014 through October 31, 2014. Such early voting in person may be conducted at the main early voting polling place located at Nueces County Courthouse, 901 Leopard, or at the temporary branch polling places as set forth in Attachment B, incorporated by reference and made a part of this ordinance. In addition, early voting in person may be conducted at the mobile temporary branch polling places set forth in Attachment C, and then incorporated by reference and made a part of this ordinance, during the days and hours specified therein. The City Secretary is authorized, in the event of an emergency, preventing any of the designated polling places from being utilized, to provide for suitable replacement locations. Each branch polling place and the main early polling place shall serve all election precincts. SECTION 7. The City Secretary is directed to post and publish such election notices as are required by the Election Laws of the State of Texas. The City Secretary is further appointed as the authority and officer responsible for the conduct of said election and is hereby authorized and directed to make all necessary arrangements for the holding of said election in accordance with and subject to the laws of this State, including, but not limited to coordinating the election process, in accordance with the Joint Election Agreement to be executed with Nueces County. The City Secretary is authorized to approve all lawful changes and additions to the procedures provide herein in order to implement such agreement, including, but not limited to, provisions for substations, mobile voting sites and election day polling sites. SECTION 8. By approving and signing this ordinance, the Mayor officially confirms as her action all matters recited in this ordinance which by law come within her jurisdiction. SECTION 9. 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 hereof be given full force and effect for its purpose. SECTION 10. This ordinance shall take effect and be in full force and effect from and after its passage. That the foregoing ordinance was read for the first time and passed to its second reading on this the 29th day of July, 2014,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 12th day of August, 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 12th day of August, 2014. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor APPROVED THIS 12'DAY OF AUGUST, 2014 R,q " wt;to' '% B=4 L. Krhht, Interim City Attorney 15 ATTACHMENT A [To be inserted-polling places in the regularly prescribed precincts of the City of Corpus Christi] 16 ATTACHMENT B [To be inserted- temporary branch polling places as set forth in Attachment B] 17 ATTACHMENT C [To be inserted--the mobile temporary branch polling places, during the days and hours specified therein.] CITY OF CORPUS CHRISTI AND NUECES COUNTY JOINT ELECTION AGREEMENT This Agreement ("Agreement") is made and entered into on the ._,-..,1,,11,-..1 day of 2014. by and between Nueces County (--COUNTY,� and CITY OF CORPUS CHRISTI (--CITY OF CORPUS CHRISTF-) for the purposes and considerations stated below: WITNESSETH WHEREAS, the COUNTY will hold a Joint Election within the boundaries of the Count), on the 4th day of November. 2014: and WHEREAS. CITY OF CORPUS CHRISTI will hold a Joint Election within the boundaries of CITY OF CORPUS CHRISTI on the 4th day of November 2014: and WHEREASa it is the finding of the governing bodies of the parties hereto that it would be mutually beneficial for the COUNTY. and CITY OF CORPUS CHRISTI to jointly enter into an Agreement to hold the elections jointly and also to enter into an Election Services Contract for the provision of certain election services by the County Election Officer of Nueces Count)% Texas; THEREFORE, pursuant to Chapter 271 of the Texas Election Code, the COUNTY and the CITY OF CORPUS CHRISTI agree as follows: ELECTION RESPONSIBILITIES I. In accordance with Chapter 271 (Joint Elections) of the Texas Election Code. the COUNTY agrees to oversee and coordinate the conduct of said election for CITY OF CORPUS CHRISTI oversee and coordinate the provision of services to prepare for and facilitate the Joint Election to be held on 4th day of November 2014. COUNTY and CITY OF CORPUS CHRISTI agree that early voting and regular Election Day, voting shall be conducted jointly. 2. In accordance with Chapter 31, Subchapter D of the Texas Election Code, CITY OF CORPUS CHRISTI agrees to enter into an Election Services Contract with the Count-,- Election Officer of Nueces County. "I exas. for the provision of those certain election services described in the Election Services Contract attached hereto as Exhibit A and incorporated herein by reference. The M flqTY shall bear its share of the cost for election services, The County Election Officer, Diana T. Barrera- is hereby designated the Election Officer responsible for conduct and provision of the election services identified in the Election pkge 1 of 4 Services Contract attached as Exhibit A. Said County Election OfficerMll serve as theEarly Voting Clerk, and her designee will serve as the Counting Station Manager of the Central Counting Station for the Joint Election. Rebecca Huerta is hereby designated the primary representative of CITY OF CORPUS CHRISTI to oversee and coordinate with the County Election Officer in the conduct of the elections. In addition. Rebecca Hue rta as the CITY OF CORPUS CHRISTI Election Authority will perform or cause to be performed the following services: a. Coordinate with COUNTY on the conduct of all aspects of the CITY OF CORPUS CHRISTI elections. including (1) selection and establishment of early voting sites and conduct of early voting (locations of early voting substations are attached to this Agreement as Exhibit B). and (2) designation of precinctsb and polling places for use on Election Day (a list of polling places is included with this Agreement as Exhibit Q. b. Coordinate the handling and disposition of CITY OF CORPUS CHRIST] election returns. voter ballots, and tabulation of unofficial returns. and preparation of the tabulation for the official canvass by governmental entities. c. Provide information services for voters and election officers relating to CITY OF CORPUS CHRISTI elections. d. Maintain custody of the CITY OF CORPUS CHRISTI returns for a period as required by the Texas Election Code. PAYMENT The CITY OF CORPUS CHRISTI agrees to pay COUNTY for their share of the expenses of the election on a prorated basis dependent upon the number of entities participating in the Joint Election. Such payments will be made within 30 days of receipt from the County Election Officer of an itemized statement of the exact costs expenses incurred and outstanding expenses related to the performance of election services. with CITY OF CORPUS CHRISTI and COUNTY each paying their respective shares of such costs and expenses. III MISCELLANEOUS I. COUNTY and CITY OF CORPUS CHRIST] will each be responsible for preparing and filinL, their own respective submission and attachments. if an%. to the Justice Department for pre-clearance as may be required under Section 5 of the Voting Rights Act of 1965. as amended. Page 2 of 4 2. Each party will be responsible for posting or publication requirements necessitated by M federal, state or local laws as they may pertain to implementation of the respective issues placed on the ballot, 3. flings of fin can a] report e Each partyvxill be responsible for receipt and processing fii r po s ta e t m nts by special purpose committees relating to the parry"s own respective elections. 4. Each part), will be responsible for receipt and processing of applications of candidates for places on the ballot for its own positions. handling of drawings for places on the ballot for Ln - such positions. and the posting and issuance of any notices related thereto. 5. COUNTY will order separate ballots for CITY OF CORPUS CHRISTI containing all their propositions and regent candidates. respectively. to be voted on at the joint polling places. but a voter may, not be permitted to vote on a CITY OF CORPUS CHRISTI ballot containinp- a proposition, or a City ballot containing a proposition and/or candidates. or CITY O� CORPUS CHRISTI ballot containing a proposition and/or candidates on which the voter is ineligible to vote. IV GENERAL PROVISIONS I. This Agreement shall be construed in accordance with applicable Federal Election Laws. the Texas Election Code, and all applicable laws of the State of Texas. 2. COUNTY and CITY OF CORPUS CHRISTI through their respective Election Authorities. may agree to amend or modify this Agreement in the event federal. state, or local lairX requires additional or different actions by the Election Authority, which is beyond the scope of this contract. Such amendment or modification shall not be effective unless such amendment or modification is in writing and signed by the parties with legal authority. 3, This Agreement constitutes the entire Agreement of the parties. supersedes an), prior undertakings or written or oral agreements between the parties and can be modified or amended only by written instrument subscribed by each of the parties. Page 3 of 4 Dated is ay 2014 NUECES COUNTY ATTEST: �. . el _o eel, ��� Jr Diana T. Barrera Count), Judge County Clerk CITY OF CORPUS CHRISTI ATTEST: o „ �.,. .. ��.... � Isar Rebecca Huerta City Manager City Secretary Page 4 of 4 �s*ie OF rP�� ELECTION SERVICES CONTRACT CITY OF CORPUS CHRISTI OF ��� AND COUNTY OF NUECES THIS CONTRACT is made this ,,,,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,,,day of,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,;. 2014, by and between the City of Corpus Christi (hereinafter referred to as "City of Corpus Christi”) and Diana T. Barrera, County Clerk (County Election Officer), under authority of Texas Election Code, Section 31.092 (a), to perform Election Services for the November Joint Election to be held by Nueces County on November 4,2014. This Contract is entered into in consideration of the mutual covenants and promises hereinafter set forth. Paragraph 1. SERVICES OF COUNTY ELECTION OFFICER The COUNTY ELECTION OFFICER shall be responsible for the overall conduct of the election and shall perform and furnish the following: (a) Hire all early voting personnel; (b) Conduct training session of all election workers; (c) Provide laptops,air cards,label printers,and cell phones for processing early voters; (d) Provide Judges Booth Controller (JBC), eSlate equipment and booths for Early Voting and Election Day polling locations; (e) Transport election equipment to polling locations; (f) Provide Early Voting and Election Day technical support for mechanical breakdowns of voting equipment; (g) Scan all mail ballots, tabulate Early Voting results, arrange Early Voting Ballot Board meeting, and provide export file of early voting results; (h) If applicable,program,generate and distribute ballots; (i) Prepare all testing materials and conduct a test of the Electronic Equipment in compliance with Section 127, Subchapter D,of the Texas Election Code; (j) If applicable,provide additional miscellaneous supplies upon request;and (k) Provide estimated cost of EIection by Attachment"A". Paragraph 2. GENERAL CONDITIONS The parties agree that the COUNTY ELECTION OFFICER will perform all services listed in Paragraph I. Furthermore, the parties agree that the City of Corpus Christi is obligated to pay all expenses and shall reimburse the COUNTY ELECTION OFFICER and Nueces County with respect to any purchase reasonably made in the programming and transporting of voting equipment. Furthermore, after the election, the COUNTY ELECTION OFFICER will submit to City of Corpus Christi an itemized statement as shown in Attachment"A"with the exact costs and expenses incurred related to the performance of this contract. City of Corpus Christi agrees to make payment in conformity with the statement submitted by the COUNTY ELECTION OFFICER within thirty(30)days of receipt of the statement. SIGNED THIS DAY OF ,2014 Diana T. 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A u h9 ..vr..au_.yr il•.d h5 PdY �aw ,.A V (b„ tiR UAn Rni m Cx a P t ifiR rA:V :.n tp ' �po i» Gr end CnY .m I „,a M IInO �I l �^' RYb .n {[ iR 14v IwY I'eb 5 QIP •.0 ...0 n�YS lu G'd '� rnh 14b IV'Y,x � .LW y ri5 V..'D an sp M n c''R fY r4� e i� 1 e.Y &IT 4NY w. ,a 2u a'b < Wf I t 6bT ,IXYd 145 2. iT I� tlro w'1 UAa .aa pp311 Gam. �r IwV US 0 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of July 29, 2014 1852Second Reading Ordinance for the City Council Meeting of August 12, 2014 DATE: July 14, 2014 TO: Ronald L. Olson, City Manager FROM: Rebecca Huerta, City Secretary (361) 826-3105 rebeccah@cctexas.com Ordering a Special Election — November 4, 2014 CAPTION: Ordinance ordering a special election to be held on November 4, 2014, in the City of Corpus Christi, on the questions of authorizing bond issuances of the City supported by ad valorem taxes and the sale of city park land; providing for the procedures for holding such an election; providing for notice of election and publication thereof; providing for the establishment of branch early polling places; designating polling place locations; authorizing a joint election with Nueces County; enacting provisions incident and relating to the subject and purpose of this ordinance. PURPOSE: This item will allow for a special election to be held on November 4, 2014 to consider the questions of two (2) Bond Propositions for street and street-related improvements and one (1) Proposition for the sale of city park land. (Actual ballot wording is listed in the ordinance) Proposition 1, Street Projects (16 Projects) $ 55,000,000 Proposition 2, Street Safety, Revitalization, and Capacity $ 44,200,000 Improvement Projects (12 Projects) Proposition 3, Sale of City Park Land (20 Parks) Additionally, approval of the ordinance will authorize the City to enter into a joint election with Nueces County (see attached Joint Election Agreement). BACKGROUND AND FINDINGS: Propositions 1 and 2 The street projects proposed for the November 4, 2014 special election are divided into two propositions. Proposition 1, valued at $55 million, represents streets in the greatest need of reconstruction. Proposition 2, valued at $44.2 million, consists of street and street-related projects that promote economic revitalization, increase street capacity and enhance safety improvements. In January 2014, design contracts were issued for the projects listed in Proposition 1 so the projects would be close to "shovel-ready" if they were approved by city- voters in a November 2014 Bond election. As required by the City Charter, the Planning Commission reviewed the proposed bond program on July 2, 2014 and approved it as presented. Staff also presented the proposed Bond 2014 program on July 15, 2014 for Council direction. Proposition 3 During the Parks, Recreation and Open Space Master Plan process conducted in 2011-2012, the Master Plan identified 27 parks that should be repurposed. "Repurpose" was defined as leased, transferred to another government entity or decommissioned and sold. To date, six of the parks to be repurposed have been leased / adopted and are maintained by a community organization. Additionally, one will be used in the new Harbor Bridge alignment. Therefore, 20 parks are being proposed for decommissioning. State regulations require a finding that there is no feasible and prudent alternative to the sale and all reasonable planning to minimize harm to the land from the sale has been made. The City Council held a public hearing on June 24, 2014 to receive public comments regarding the decommissioning. The City Council passed a resolution in favor of decommissioning the parks, reserving the option to amend the list of proposed parks when approving the election ordinance. ALTERNATIVES: The Council could choose not to call for the special election. The Council could choose to amend the proposition(s). The Council could choose to reduce the number of propositions. OTHER CONSIDERATIONS: The City Council will also consider an ordinance calling for a general election to elect the mayor and eight council members on November 4, 2014. Council will consider that ordinance in a separate agenda item. CONFORMITY TO CITY POLICY: This ordinance complies with the requirements of the Texas Government Code, the Texas Election Code, and the City Charter. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTAL/OTHER CLEARANCES: Legal/Bond Counsel Capital Programs Department Finance Department Parks and Recreation Department Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital EI 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 Comments: Financial information for the special election is explained in the related agenda item calling for the November 4, 2014 general election. RECOMMENDATION: Approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Joint Election Agreement Election Services Contract Election Cost Estimate ORDINANCE ORDERING A SPECIAL ELECTION TO BE HELD ON NOVEMBER 4, 2014, IN THE CITY OF CORPUS CHRISTI, ON THE QUESTIONS OF AUTHORIZING BOND ISSUANCES OF THE CITY SUPPORTED BY AD VALOREM TAXES AND THE SALE OF CITY PARK LAND; PROVIDING FOR THE PROCEDURES FOR HOLDING SUCH AN ELECTION; PROVIDING FOR NOTICE OF ELECTION AND PUBLICATION THEREOF; PROVIDING FOR THE ESTABLISHMENT OF BRANCH EARLY POLLING PLACES; DESIGNATING POLLING PLACE LOCATIONS; AUTHORIZING A JOINT ELECTION WITH NUECES COUNTY; AND ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE WHEREAS, the City Council (the Council) of the CITY OF CORPUS CHRISTI, TEXAS (the City), located in Nueces, Aransas, Kleberg, and San Patricio Counties, Texas, hereby finds and determines that an election should be held to determine whether the Council shall be authorized to issue general obligation bonds of the City in the amounts and for the purposes hereinafter identified (the Special Election); and WHEREAS, the City will conduct the Special Election jointly with Nueces County (the County) and with other political subdivisions (such other political subdivisions, collectively, the Participants) for whom the County is also conducting their elections, as provided pursuant to the provisions of one or more joint election agreements or contracts among the City, the County, and the Participants, entered into in accordance with the provisions of Section 271.002 of the Texas Election Code, as amended (the Election Code), or other applicable law; and WHEREAS,pursuant to the aforementioned joint election agreement, the County will conduct all aspects of the Special Election on the City's behalf, and WHEREAS, the Council hereby finds and determines that it is in the best interests of the City to enter into one or more election agreements or contracts with the County and the Participants to conduct the Special Election in accordance with the laws of the State of Texas (the State) and applicable federal laws; and WHEREAS, the Council hereby finds and determines that the necessity to construct various capital improvements within the City necessitates that it is in the public interest to call and hold the Special Election at the earliest possible date to authorize the issuance of general obligation bonds for the purposes hereinafter identified; and WHEREAS, concurrently with the Special Election (and as a joint election with the County and any other Participants), the City will, pursuant to the City Charter of the City and by separate ordinance adopted by the Council on the date hereof, conduct its regular City election for Mayor and members of the Council(along with any necessary runoff election) (such regular election, the General Election); and 46536696.7 1 WHEREAS, after full review and consideration of each project listed under all of the propositions described below (Propositions 1, 2, and 3), the Council hereby finds and determines that each project is necessary for a public purpose and is in the best interests of the City and the residents of the City; and WHEREAS, the Council hereby finds and determines that the actions hereinbefore described are in the best interests of the qualified voters of the City;now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The Special Election shall be held in the CITY OF CORPUS CHRISTI, TEXAS on the 4"' day of November, 2014 (Election Day), which is a uniform election date under the Election Code, and is not less than seventy-eight (78) days nor more than ninety (90) days from the date of the adoption of this ordinance (the Ordinance), for the purpose of submitting the following propositions (collectively, the Propositions) to the qualified voters of the City: PROPOSITION 1 "Shall the City Council of the City of Corpus Christi, Texas be authorized, in accordance with applicable law, to issue and sell one or more series of general obligation bonds of the City, in the aggregate principal amount of not more than $55,000,000, with such series or issues of bonds, respectively, to mature serially or otherwise within not to exceed forty years from their date and to be sold at such prices and bear interest at such rates (whether fixed, floating, variable, or otherwise, but in no case at a rate that exceeds the maximum rate per annum authorized by applicable law at the time of any such issuance), as shall all be determined within the discretion of the City Council, for the purpose of making permanent public improvements or for other public purposes, to wit: designing, constructing, renovating, improving, constructing, reconstructing, restructuring and extending streets and thoroughfares and related land and right-of-way sidewalks, streetscapes, collectors, drainage, landscape, signage, acquiring lands and rights-of-way necessary thereto or incidental therewith(but specifically excluding related City utility costs, which are the responsibility of the City's utility system), with priority given to the following street projects: — North Alameda Street, generally from Kinney to Lipan — Gollihar Road, generally from Staples Street to Weber Road — Gollihar Road, generally from Weber Road to Carroll Lane — Gollihar Road, generally from Carroll Lane to Kostoryz Road — Morgan Avenue, generally from Ocean Drive to Staples Street — Corona Drive, generally from Tiger Lane to Everhart Road — Ayers Street, generally from Ocean Drive to Alameda Street — Yorktown Boulevard, generally from Lake Travis Drive to Everhart Road — Staples Street, generally from Alameda Street to Morgan Avenue — Southern Minerals Road,generally from Up River Road to IH-37 Access Road — Yorktown Boulevard, generally from Everhart Road to Staples Street — Carroll Lane, generally from Houston Street to McArdle Road — Old Robstown Road, generally from State Hwy 44 to Leopard Street — Waldron Road, generally from Glenoak Road to Caribbean Road — Santa Fe Street, generally from Elizabeth Street to Hancock Avenue — ADA Master Plan Improvements 46536696.7 -2- and in providing for the above public improvements, the City Council shall have the option to (i) utilize other funds available for such purposes and (ii) abandon such indicated public improvements that are reliant,in part, on external sources of funding that (for whatever reason) do not materialize or because unforeseen changes in fact or circumstance make the anticipated expenditure no longer wise or necessary (as determined by the City Council), and after making due provision for the improvements listed above or determining that the public improvement project will not proceed for a reason heretofore described, the City Council may, in its discretion, use any excess funds for constructing, reconstructing, restructuring, and extending other streets and thoroughfares and related land and right-of-way sidewalks, streetscapes, collectors, drainage, landscape, signage, acquiring lands and rights-of-way necessary thereto or incidental therewith (but specifically excluding related City utility costs, which are the responsibility of the City's utility system); and shall the City Council be authorized to levy and pledge, and cause to be assessed and collected, within the limitations prescribed by law, annual ad valorem taxes on all taxable property in the City sufficient to pay the annual interest and sinking fund to pay the bonds at maturity and to pay the costs of any credit agreements executed in connection with the bonds? PROPOSITION 2 "Shall the City Council of the City of Corpus Christi, Texas be authorized, in accordance with applicable law, to issue and sell one or more series of general obligation bonds of the City, in the aggregate principal amount of not more than $44,200,000, with such series or issues of bonds, respectively, to mature serially or otherwise within not to exceed forty years from their date and to be sold at such prices and bear interest at such rates (whether fixed, floating, variable, or otherwise, but in no case at a rate that exceeds the maximum rate per annum authorized by applicable law at the time of any such issuance), as shall all be determined within the discretion of the City Council, for the purpose of making permanent public improvements or for other public purposes, to wit: designing, constructing, renovating, improving, constructing, reconstructing, restructuring and extending streets and thoroughfares and related land and right-of-way sidewalks, streetscapes, collectors, drainage, landscape, signage, acquiring lands and rights-of-way necessary thereto or incidental therewith(but specifically excluding related City utility costs, which are the responsibility of the City's utility system), with priority given to the following street projects: — Ayers Street(Pedestrian Improvements and Turn Lane Addition), generally from South Padres Island Drive to Gollihar Road — Chaparral Street(Phase 2 Downtown Development Master Plan), generally from Schatzel Street to Taylor Street — Texas Department of Transportation Participation Projects — City-wide Traffic Signals and Lighting Improvements — Rodd Field Road Expansion, generally from Saratoga Boulevard to Yorktown Boulevard — Downtown Street Traffic Signal and Area Improvements — Ennis Joslin Road Extension, generally from Holly Road to Williams Drive — Flato Road, generally from Agnes Street to Bates Road — Harbor Bridge Replacement Mitigation and Support Projects (Phase 1) — North Padre Island Beach Access Roads — Maintenance Facility in the vicinity of Sea Pines Drive/Coral Vine Street/Access Road 6 (off Park Road 22) 46536696.7 -3- — Downtown Road and Streetscape Improvements and in providing for the above public improvements, the City Council shall have the option to (i) utilize other funds available for such purposes and (ii) abandon such indicated public improvements that are reliant,in part, on external sources of funding that (for whatever reason) do not materialize or because unforeseen changes in fact or circumstance make the anticipated expenditure no longer wise or necessary (as determined by the City Council), and after making due provision for the improvements listed above or determining that the public improvement project will not proceed for a reason heretofore described, the City Council may, in its discretion, use any excess funds for constructing, reconstructing, restructuring, and extending other streets and thoroughfares and related land and right-of-way sidewalks, streetscapes, collectors, drainage, landscape, signage, acquiring lands and rights-of-way necessary thereto or incidental therewith (but specifically excluding related City utility costs, which are the responsibility of the City's utility system); and shall the City Council be authorized to levy and pledge, and cause to be assessed and collected, within the limitations prescribed by law, annual ad valorem taxes on all taxable property in the City sufficient to pay the annual interest and sinking fund to pay the bonds at maturity and to pay the costs of any credit agreements executed in connection with the bonds? PROPOSITION 3 "Shall the City Council of the City of Corpus Christi, Texas be authorized,in accordance with Chapter 253, as amended, Texas Local Government Code, to sell certain City land, heretofore acquired and now owned, held, and claimed as municipal parks, such land being the parcels hereafter identified: — Cenizo Park, Rolling Ridge Trl. @ River Ridge Dr. (1.85 ac.) —First Colony Park, 20 Lone Oak Dr. (10.06 ac.) — San Carlos Park, 12650 Figueroa St. (2.00 ac.) —Violet Park, 4301 Violet(1.55 ac.) —Willow Park, 11418 Willowood Creek(0.93 ac.) — Country Estates Park, 3414 Emory Drive (5.00 ac.) — Cabra Park, 1323 W. Broadway(1.36 ac.) —Fountain Park, 4938 Moody(1.62 ac.) —Kosar Park, Kosar @ Staples Street(0.28 ac.) —Breakwater Park, 2800 N. Shoreline (0.15 ac.) —Acushnet Park, 6746 Aaron(9.96 ac.) — Congress Park, 4017 Capitol (1.96 ac.) — Creekway Park, 7306 Prairie (0.89 ac.) —Durant Park, 6113 Durant(2.70 ac.) —Mt.Vernon Park, 5151 McArdle (7.25 ac.) —Parklane Park, 4600 Arlene (1.95 ac.) —Peary Park, 1750 Paul Jones �Decatur(1.00 ac.) —Penn Place Park, 4302 Aaron(1.67 ac.) —Ridgewood Park, 5730 Malden(5.04 ac.) — Caribbean Park, 601 Mediterranean (1.00 ac.) the proceeds from the sale of these parks will be used to acquire and improve existing City parks in accordance with the Parks and Recreation Master Plan? 46536696.7 -4- SECTION 2. The City election precincts hereby established for the purpose of holding the Special Election and the polling places hereby designated for holding the Special Election in the City election precincts are identified in Exhibit A to this Ordinance, and this Exhibit A is hereby incorporated by reference into this Ordinance for all purposes. The City Secretary, or her designee, in coordination with the County's election administrator (the Administrator) or the designee thereof, as necessary or desirable, will identify and formally approve the appointment of the Presiding Judges, Alternate Presiding Judges, Election Clerks, and all other election officials for the Special Election, together with any other necessary changes to election practices and procedures and can correct, modify, or change the Exhibits to this Ordinance based upon the final locations and times agreed upon by the Administrator, the City, and the Participants to the extent permitted by applicable law. The Presiding Judge shall appoint not less than two (2) resident qualified voters of the County to act as clerks in order to properly conduct the Special Election. To the extent required by the Election Code or other applicable law, the appointment of these clerks must include a person fluent in the Spanish language to serve as a clerk to render oral aid in the Spanish language to any voter desiring such aid at the polls on Election Day. If the Presiding Judge appointed actually serves, the Alternate Presiding Judge shall serve as one of the clerks. In the absence of the Presiding Judge, the Alternate Presiding Judge shall perform the duties of the Presiding Judge of the election precinct. On Election Day, the polls shall be open from 7:00 a.m. to 7:00 p.m. The main early voting location is designated in Exhibit B to this Ordinance (which is hereby incorporated herein by reference for all purposes). The individual named as the Early Voting Clerk as designated in Exhibit B is hereby appointed as the Early Voting Clerk to conduct such early voting in the Special Election. The Early Voting Clerk shall appoint the Deputy Early Voting Clerks. This main early voting location shall remain open to permit early voting on the days and at the times as stated in Exhibit B. Early voting shall commence as provided on Exhibit B and continue through the date set forth on Exhibit B, all as provided by the provisions of the Election Code. Additionally, permanent and temporary branch offices for early voting by personal appearance shall be established and maintained in accordance with the Election Code. The locations, dates, and hours of operation for early voting at these offices (being the permanent and temporary branch offices) shall be determined by the Administrator, as identified in Exhibit B hereto. An Early Voting Ballot Board is hereby established for the purpose of processing early voting results. The individual designated in Exhibit B as the Presiding Judge of the Early Voting Ballot Board is hereby appointed the Presiding Judge of the Early Voting Ballot Board. The Presiding Judge shall appoint not less than two (2) resident qualified voters of the County to serve as members of the Early Voting Ballot Board. SECTION 3. The eSlate direct recording equipment (DRE) shall be employed at each of the polling locations utilized for the Special Election in accordance with the Election Code; provided, however, in the event the use of such eSlate DRE is not practicable, the Special Election may be conducted on Election Day by the use of paper ballots (except as otherwise provided in this section). eSlate DRE or paper ballots may be used for early voting by personal appearance (except as otherwise provided in this section). Pursuant to Section 61.012 of the Election Code, the City shall provide at least one accessible voting system in each polling place used in the Special Election. Such voting system shall comply with State and federal laws establishing the requirement for voting systems that permit voters with physical disabilities to cast a secret ballot. Paper ballots, touch screen voting machines, and/or such other legally-permissible voting methods may be used for early voting and Election Day voting by personal appearance. Certain early voting may be conducted by mail. 46536696.7 -5- SECTION 4. The City shall also utilize a Central Counting Station (the Station) as provided by Section 127.001, et seq. of the Election Code. The Administrator, or the designee thereof, is hereby appointed as the Manager and Presiding Judge of the Station and may appoint Station clerks and establish a written plan for the orderly operation of the Station in accordance with the provisions of the Election Code. The Council hereby appoints the Administrator, or the designee thereof, as the Tabulation Supervisor and the Administrator, or his designee, as the Programmer for the Station. Lastly, the Administrator will publish notice and conduct testing on the automatic tabulation equipment relating to the Station and conduct instruction for the officials and clerks for the Station in accordance with the provisions of the Election Code. SECTION 5. The official ballot shall be prepared in accordance with the Election Code, as amended, so as to permit voters to vote "FOR" or "AGAINST" the aforesaid propositions which shall appear on the ballot substantially as follows: PROPOSITION 1 THE ISSUANCE OF BONDS FOR DESIGNING, CONSTRUCTING, RENOVATING, AND MAKING PERMANENT STREET IMPROVEMENTS IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $55,000,000, AND LEVYING A TAX IN PAYMENT THEREOF, WITH PRIORITY GIVEN TO THE FOLLOWING: — North Alameda Street, generally from Kinney to Lipan — Gollihar Road, generally from Staples Street to Weber Road — Gollihar Road, generally from Weber Road to Carroll Lane — Gollihar Road, generally from Carroll Lane to Kostoryz Road — Morgan Avenue, generally from Ocean Drive to Staples Street — Corona Drive, generally from Tiger Lane to Everhart Road — Ayers Street, generally from Ocean Drive to Alameda Street — Yorktown Boulevard, generally from Lake Travis Drive to Everhart Road — Staples Street, generally from Alameda Street to Morgan Avenue — Southern Minerals Road,generally from Up River Road to IH-37 Access Road — Yorktown Boulevard, generally from Everhart Road to Staples Street — Carroll Lane, generally from Houston Street to McArdle Road — Old Robstown Road, generally from State Hwy 44 to Leopard Street — Waldron Road, generally from Glenoak Road to Caribbean Road — Santa Fe Street, generally from Elizabeth Street to Hancock Avenue — ADA Master Plan Improvements PROPOSITION 2 THE ISSUANCE OF BONDS FOR DESIGNING, CONSTRUCTING, RENOVATING, AND MAKING PERMANENT STREET IMPROVEMENTS IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $44,200,000, AND LEVYING A TAX IN PAYMENT THEREOF, WITH PRIORITY GIVEN TO THE FOLLOWING: — Ayers Street(Pedestrian Improvements and Turn Lane Addition), generally from South Padres Island Drive to Gollihar Road — Chaparral Street(Phase 2 Downtown Development Master Plan), generally from Schatzel Street to Taylor Street — Texas Department of Transportation Participation Projects — City-wide Traffic Signals and Lighting Improvements 46536696.7 -6- — Rodd Field Road Expansion, generally from Saratoga Boulevard to Yorktown Boulevard — Downtown Street Traffic Signal and Area Improvements — Ennis Joslin Road Extension, generally from Holly Road to Williams Drive — Flato Road, generally from Agnes Street to Bates Road — Harbor Bridge Replacement Mitigation and Support Projects(Phase 1) — North Padre Island Beach Access Roads — Maintenance Facility in the vicinity of Sea Pines Drive/Coral Vine Street/Access Road 6 (off Park Road 22) — Downtown Road and Streetscape Improvements PROPOSITION 3 SALE OF THE FOLLOWING CITY PARK LAND, THE PROCEEDS FROM WHICH MAY ONLY BE USED TO ACQUIRE AND IMPROVE CITY PARK LAND IN ACCORDANCE WITH § 253.001, TEXAS LOCAL GOVERNMENT CODE: — Cenizo Park, Rolling Ridge Trl. @ River Ridge Dr. (1.85 ac.) — First Colony Park, 20 Lone Oak Dr. (10.06 ac.) — San Carlos Park, 12650 Figueroa St. (2.00 ac.) — Violet Park, 4301 Violet(1.55 ac.) — Willow Park, 11418 Willowood Creek(0.93 ac.) — Country Estates Park, 3414 Emory Drive (5.00 ac.) — Cabra Park, 1323 W. Broadway(1.36 ac.) — Fountain Park, 4938 Moody(1.62 ac.) — Kosar Park, Kosar @ Staples Street(0.28 ac.) — Breakwater Park, 2800 N. Shoreline (0.15 ac.) — Acushnet Park, 6746 Aaron(9.96 ac.) — Congress Park, 4017 Capitol(1.96 ac.) — Creekway Park, 7306 Prairie (0.89 ac.) — Durant Park, 6113 Durant(2.70 ac.) — Mt.Vernon Park, 5151 McArdle (7.25 ac.) — Parklane Park, 4600 Arlene (1.95 ac.) — Peary Park, 1750 Paul Jones @ Decatur(1.00 ac.) — Penn Place Park, 4302 Aaron(1.67 ac.) — Ridgewood Park, 5730 Malden (5.04 ac.) — Caribbean Park, 601 Mediterranean(1.00 ac.) SECTION 6. In accordance with Section 52.072(c) of the Election Code, the Propositions shall appear on the City's ballot after the listing of offices that are the subject of the General Election. SECTION 7. The voter-approved bonds issued pursuant to Propositions 1 and 2 above shall be secured by and payable from the full tax rate authorized by Texas Constitution,in accordance with Article VIII, Section 1(b) of the City Charter. SECTION 8. All resident qualified voters of the City shall be permitted to vote at the Special Election, and on Election Day, such voters shall vote at the designated polling places. The Special Election shall be held and conducted in accordance with the provisions of the Election Code and Chapters 1251 and 1331, as amended, Texas Government Code (collectively, the Election Laws), and as 46536696.7 -7- may be required by any other law. All materials and proceedings relating to the Special Election shall be printed in both English and Spanish. SECTION 9. A substantial copy of this Ordinance shall serve as a proper notice of the Special Election. This notice, including a Spanish translation thereof, shall be posted (i) at three (3)public places within the City and at the City Hall not less than twenty-one (21) days prior to Election Day and (ii) in a prominent location at each polling place on Election Day and during early voting and shall be published on the same day in each of two (2) successive weeks in a newspaper of general circulation in the City, the first of these publications to appear in such newspaper not more than thirty (30) days, and not less than fourteen(14) full days prior to Election Day. In addition, during the twenty-one (21) days prior to Election Day, the City shall, in a prominent manner, maintain such notice on its Internet website. The City Secretary is directed to post and publish such Special election notices as specified above and as required by the Election Laws. SECTION 10. As required by and in accordance with Section 3.009(b)(5) and (7) through(9) of the Texas Election Code, added by the 83rd Texas Legislature, the City, as of its fiscal year beginning October 1, 2014, had outstanding an aggregate ad valorem tax-supported principal amount of debt equal to $442,425,000; the aggregate amount of the interest owed on such City debt obligations, through respective maturity, totaled $154,838,244; and the City levied an ad valorem debt service tax rate for its outstanding debt obligations of S per $100 of taxable assessed valuation. Of the aforementioned City debt, the City considers $61,697,056 and $15,981,174 of that principal and interest, respectively, to be self-supporting debt payable from sources other than ad valorem taxes. The City estimates an ad valorem debt service tax rate of $ per $100 of taxable assessed valuation if the bonds that are subject of the Special Election are approved and are issued (taking into account the outstanding City bonds and bonds that are the subject of the Special Election, but not future bond authorizations of the City). This is only an estimate provided for Texas statutory compliance and does not serve as a cap on any City ad valorem debt service tax rate. SECTION 11. The Council hereby appoints the City Secretary as the authority and officer responsible for the conduct of the Special Election and is hereby authorized and directed to make all necessary arrangements for the holding of the Special Election in accordance with the Elections Laws, which obligations include (but are not limited to) coordinating the Special Election process and negotiating, entering into, and carrying out the terms and provisions of one or more joint election agreements or contracts with the County and any Participants in accordance with the provisions of the Election Code. To the extent that any duty or obligation of the City, in general, or the City Secretary, in particular, is properly delegated to the County pursuant to a joint election agreement, then the County's carrying out those duties and obligations on the City's behalf pursuant to the terms of such joint election agreement shall be binding upon the City and are hereby determined by the Council to be evidence of the City's compliance with the provisions of the Election Laws relative to the same. In addition, the City Manager and the City Secretary, individually or in concert and as necessary or desired, are hereby authorized and entitled to make such technical modifications to this Ordinance that are necessary for compliance with applicable State or federal law (including the Election Laws) or to carry out the intent of the Council, as evidenced herein. SECTION 12. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. SECTION 13. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters ordained herein. 46536696.7 -8- SECTION 14. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 15. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and this Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 16. It is officially found, determined, and declared that the meeting at which this Ordinance was adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 17. This Ordinance shall be in force and effect from and after its final passage, and it is so ordained. 46536696.7 -9- PASSED AND APPROVED on the 12"'day of August, 2014 CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary (SEAL) APPROVED THIS 12"' DAY OF AUGUST, 2014: Barney L. Knight, Interim City Attorney 46536696.7 S-1 THE STATE OF TEXAS § COUNTY OF NUECES § CITY OF CORPUS CHRISTI § I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 12"' day of August, 2014, ordering a special election to be held on November 4, 2014, which ordinance is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time,place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the 12"'day of August, 2014. City Secretary (CITY SEAL) 46536696.7 S-2 That the foregoing ordinance was read for the first time and passed to its second reading on this the 29th day of July, 2014, 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 12th day of August, 2014, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Rioj as Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the 12th day of August, 2014. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor APPROVED THIS 12TH DAY OF AUGUST, 2014 Barney L. Knight, Interim City Attorney 46536696.7 S-3 EXHIBIT A ELECTION PRECINCTS AND ELECTION DAY POLLING LOCATIONS Election Day: Tuesday,November 4, 2014 Election Day Polling Locations open from 7:00 a.m. to 7:00 p.m. [TO BE INSERTED—POLLING PLACES IN THE REGULARLY-PRESCRIBED PRECINCTS OF THE CITY OF CORPUS CHRISTI] [The remainder of this page intentionally left blank.] 46536696.7 A-I EXHIBIT B MAIN, TEMPORARY AND PERMANENT BRANCH POLLING PLACES,DATES,AND TIMES Early voting begins Monday, October 20,2014 and ends on Friday,October 31,2014 Early Voting Clerk: Early Voting Clerk's address: 901 Leopard Corpus Christi, Texas 78401 Presiding Judge of the Early Voting Ballot Board: Location,Dates &Hours of Main Early Voting Polling Place Nueces County Courthouse 901 Leopard Corpus Christi, Texas 78401 [TO BE INSERTED—DATES AND HOURS FOR VOTING] Dates Times Any voter who is entitled to vote an early ballot by personal appearance may do so at the Main Early Voting Site. [The remainder of this page intentionally left blank.] 46536696.7 B-I Location, Dates & Hours of Permanent Branch Polling Places TO BE INSERTED —PERMANENT AND TEMPORARY BRANCH POLLING PLACES AND DAYS AND HOURS FOR VOTING] 46536696.7 B-2 Location, Dates & Hours of Temporary Branch Polling Places [TO BE INSERTED —MOBILE TEMPORARY BRANCH POLLING PLACES AND DAYS AND HOURS FOR VOTING] EARLY VOTING BY MAIL: Applications for voting by mail should be mailed to be received no earlier than Friday, September 5, 2014 and no later than the close of business (4:30 p.m.) on Friday, September 24,2014. Applications should be mailed to: Diana T.Barrera, County Clerk Nueces County, Texas P.O.Box 2627 Corpus Christi, Texas 78403 [The remainder of this page intentionally left blank.] 46536696.7 B-3 Bond 2014 Projects List PROPOSITION NO.1:STREET PROJECTS I IIIIIIIIIIIIIIIIIIInIIIIII III�II IIIIII�II IIIIIIIIII$I�I@III@ I I I(IIII@@ I IIII IIII � ��� N N III III�II III II ILII III VIII IIIIIIIIIIII�I IIIIIIIIIh I IIII ISI IIII 111111 IIIIIIIIhII IIII SII 1 Alameda Kinney Lipan $1,500 $1,100 $2,600 2 Gollihar Staples Street Weber Road $7,500 $7,600 $15,100 3 Gollihar Weber Road Carroll Lane $3,700 $6,800 $10,500 4 Gollihar Carroll Lane Kostoryz Road $3,700 $6,800 $10,500 5 Morgan Avenue Ocean Drive Staples Street $3,100 $4,000 $7,100 6 Corona Drive Tiger Ln/Flynn Parkway Everhart Road $3,200 $1,600 $4,800 7 Ayers Street Ocean Drive Alameda Street $3,900 $4,100 $8,000 8 Yorktown Boulevard Lake Travis Everhart Road $3,700 $750 $4,450 9 Staples Street Alameda Morgan $2,900 $1,400 $4,300 10 Southern Minerals Road Up River Road IH-37 $2,400 $2,000 $4,400 11 Yorktown Boulevard Everhart Staples Street $7,500 $2,900 $10,400 12 Carroll Lane Houston McArdle $3,200 $2,400 $5,600 13 Old Robstown Road State Hwy 44 Leopard $3,000 $2,700 $5,700 14 Waldron Road Glenoak Caribbean $1,800 $500 $2,300 15 Santa Fe Elizabeth Hancock $1,600 $600 $2,200 16 ADA Master Plan Imp. city-wide $2,300 $0 $2,300 TOTAL PROPOSITION NO.1: $55,000 $45,250 $100,250 PROPOSITION NO.2:STREET SAFETY,REVITALIZATION AND CAPACITY IMPROVEMENT PROJECTS I "�11111iiiiiiiiiiiii III�II IIIIII�I:. NnN � IIIIIIIIII ISI@III@ (IIII@@ IIII �I���� IIIIIIIIIIIII IIIIIIIIIhI IIII ISI IIII 111111 IIIIIIIIhII IIII SII 1 Ayers Street-Turn Lane Addition SPID Gollihar $2,000 $4,500 $6,500 2 Chaparral Street Phase 2 Schatzel Taylor $5,000 $4,000 $9,000 3 TxDOT Participation city-wide $1,500 $0 $1,500 4 Traffic Signals and Lighting Improvements city-wide $6,000 $0 $6,000 5 Rodd Field Road Expansion Saratoga Yorktown $9,600 $5,000 $14,600 6 Downtown Street Traffic Signal and Area IH-37 Kinney $3,500 $1,500 $5,000 Improvements 7 Ennis Joslin Extension Holly Williams $3,400 $2,500 $5,900 8 Flato Road Agnes Bates $3,500 $3,250 $6,750 9 Harbor Bridge Replacement Mitigation and $3,500 $0 $3,500 Support Projects(Ph 1) 10 North Padre Island Beach Access Roads $3,500 $3,500 11 Parks Beach Maintenance Facility $1,200 $0 $1,200 12 Downtown Road and Streetscape $1,500 $0 $1,500 Improvements TOTAL PROPOSITION NO.2 $44,204 $20,750 $64,950'' TOTAL BOND 2014(PROPOSITION'NO's.1and 2) $99,204 $66,000 $165,200' 7/23/2014 1 North Alameda Street From Kinney to Lipan $1,500,000 This project includes a full depth repair of the existing two lane roadway which is consistent with the C- 1 minor collector roadway designated in the Urban Transportation Plan.Other improvements include curb and gutter,sidewalks,ADA curb ramps,and pavement markings. 2 Gollihar Road from Staples Street to Weber Road $7,500,000 This project includes full-depth repair of the existing five lane roadway with four travel lanes and continuous center left turn lane which is consistent with the A-1 Arterial designation in the Urban Transportation Plan. Other improvements include traffic signal improvements at the Gollihar/Weber intersection,curb and gutter,sidewalks,ADA curb ramps,and pavement markings.During detailed design,consideration will be given to widen the sidewalks to create multiuse pedestrian/bike paths for safe bike routes and also to addition of bike lanes. During detailed design consideration will also be given to implementation of the road diet concept and reducing the five lane road to a three lane road. 3 Gollihar Road from Weber Road to Carroll Lane $3,700,000 This project includes full-depth repair of the existing five lane roadway with four travel lanes and continuous center left turn lane which is consistent with the A-1 Arterial designation in the Urban Transportation Plan. Other improvements include curb and gutter,sidewalks,ADA curb ramps, and pavement markings and traffic signal improvements at Carroll Lane and Gollihar intersection.During detailed design,consideration will be given to widen the sidewalks to create multiuse pedestrian/bike paths for safe bike routes and also to addition of bike lanes. During detailed design consideration will also be given to implementation of the road diet concept and reducing the five lane road to a three lane road. 4 Gollihar Road from Carroll Lane to Kostoryz Road $3,700,000 This project includes full-depth repair of the existing five lane roadway with four travel lanes and continuous center left turn lane which is consistent with the A-1 Arterial designation in the Urban Transportation Plan. Other improvements include curb and gutter,sidewalks,ADA curb ramps, and pavement markings and traffic signal improvements at Carroll Lane and Gollihar intersection.During detailed design,consideration will be given to widen the sidewalks to create multiuse pedestrian/bike paths for safe bike routes and also to addition of bike lanes. During detailed design consideration will also be given to implementation of the road diet concept and reducing the five lane road to a three lane road. 5 Morgan Avenue from Ocean Drive to Staples Street $3,100,000 This project includes full-depth repair of the existing undivided four lane roadway. Although this roadway is designated as a A-1 Minor Arterial in the Urban Transportation Plan(four travel lanes with continuous center turn lane), consideration is being given to design the roadway as modified C-3 Primary Collector(four travel lanes)due to existing right-of-way constructions and traffic conditions. Other improvements include curb and gutter,sidewalks,ADA curb ramps,and pavement markings. 6 Corona Drive from Tiger Drive to Everhart Road $3,200,000 This project includes full-depth repair of the existing undivided four lane roadway.This is consistent with the C-3 Primary Collector designation in the Urban Transportation Plan. Consideration is being given to adding bike lanes. Other improvements include curb and gutter,sidewalks,ADA curb ramps, pavement markings,and traffic signal improvements. Consideration will also be given to the realignment of the Tiger Lane/Flynn Parkway intersection,as funding allows. Page 2 of 5 7 Ayers Street from Ocean Drive to Alameda Street $3,900,000 This project includes full-depth repair and implements the Road Diet concept by narrowing the existing four lane undivided arterial roadway to a three lane undivided arterial roadway with continuous center turn lane and bike lanes as prescribed by the Mobility CC Plan. Other street improvements include curb and gutter,sidewalks,ADA curb ramps,lane striping and pavement markings and traffic signal improvements at the 3rd Street and Sante Fe intersections. 8 Yorktown Blvd from Lake Travis to Everhart Road $3,700,000 This project includes full-depth repair of the existing four lane A-2 Secondary Arterial Divided Street, which has two through lanes in each direction with a center median. Although this roadway is designated as a A-3 Arterial in the Urban Transportation Plan(six travel lanes with center median, consideration is being given to design to roadway as a modified A-1 Minor Arterial roadway due to projected vehicle traffic volumes. The proposed improvements include two through lanes in each direction with a center median,curb and gutter,sidewalks,ADA curb ramps,and pavement markings. The condition of the existing sidewalks will be assessed to determine where sidewalk improvements are warranted. Consideration is being given to adding bike lanes. 9 Staples Street from Alameda to Morgan $2,900,000 This project includes full-depth repair of the existing undivided four lane roadway. Although this roadway is designated as a A-1 Minor Arterial in the Urban Transportation Plan(four travel lanes with continuous center turn lane), consideration is being given to design the roadway as modified C-3 Primary Collector(four travel lanes)due to existing right-of-way constructions and traffic conditions. Other improvements include curb and gutter,sidewalks,ADA curb ramps,and pavement markings. 10 Southern Minerals Road from Up River Road to IH37 Access Road $2,400,000 This project includes full-depth repair of the existing two lane rural roadway with paved shoulders(one through lane in each direction)and designated turn lane at Up River Road. The proposed improvements include maintaining the current roadway section and reconstructing the road as a two lane rural roadway with wide eight-foot shoulders. Curb and gutter or sidewalk improvements are not anticipated. 11 Yorktown Blvd from Everhart to Staples $7,500,000 This project includes full-depth repair of the existing four lane A-2 Secondary Arterial Divided Street, which has two through lanes in each direction with a center median. Although this roadway is designated as a A-3 Arterial in the Urban Transportation Plan(six travel lanes with center median, consideration is being given to design to roadway as a modified A-1 Minor Arterial roadway due to projected vehicle traffic volumes. The proposed improvements include two through lanes in each direction with a center median,curb and gutter,sidewalks,ADA curb ramps,and pavement markings. Traffic improvements at the Yorktown/Everhart intersection will also be included. Consideration is being given to adding bike lanes. 12 Carroll Lane from Houston to McArdle $3,200,000 This project includes full-depth reconstruction of the existing C-1 collector two lane roadway.which is consistent with the current designation on the Urban Transportation Plan. Project limits exclude of the Gollihar and McArdle intersections. Consideration is being given to eliminate the current on-street parking and add bike lanes,which is consistent with the guidelines of the Mobility CC Plan. Other improvements include curb and gutter,sidewalks,ADA curb ramps,pavement markings. 13 Old Robstown Road from State Hwy 44 to Leopard $3,000,000 Page 3 of 5 This project includes full-depth repair of the existing two lane roadway with on-street parking. Consideration is being given to upgrade the road from a C-1 minor residential collector to a C-2 collector;one lane in each direction and continues center turning lane,or C-3 collector;two lanes in each direction. This may eliminate the existing designated on-street parking and will be evaluated during design. Other improvements include curb and gutter,sidewalks,ADA curb ramps,pavement markings. Upgrading the roadway would require ROW acquisition. 14 Waldron Road from Glenoak to Caribbean $1,800,000 This project includes full-depth repair of the existing five lane roadway with four travel lanes and continuous center left turn lane which is consistent with the A-1 Arterial designation in the Urban Transportation Plan. Other improvements include curb and gutter,sidewalks,ADA curb ramps,and pavement markings. Future bikeway requirements will require evaluation at the time of detailed roadway design and shall conform to Mobility CC. 15 Santa Fe Street from Elizabeth to Hancock $1,600,000 This project includes full-depth repair of the existing two and three lane roadway. It is an existing one way,C-1 minor collector. The recommended improvements for the road include considering the roadway as a candidate for a reduction in capacity through elimination of one travel lane.Other improvements include curb and gutter,sidewalks,ADA curb ramps,and pavement markings. Consideration is being given to the addition of bike lanes,which is consistent with the guidelines of the Mobility CC plan. 16 ADA Master Plan Improvements $2,300,000 This project will implement the remaining work outlined in the Americans with Disabilities(ADA) transition plan approved by the City Council(2003)as well as addressing accessible routes. ` � " � ` 9 11m 1111111 111 1111 1111111:11:1111111111 1 Ayers Street—Pedestrian Improvements and Turn Lane Addition(SPID to Gollihar) $2,000,000 This project will add pedestrian routes to this section of Ayers Street as will as adding turn lanes at the intersections of Ayers with Mansheim and Sunnybrook. 2 Chaparral Street-Phase 2 Downtown Development Master Plan(Schatzel to Taylor) $5,000,000 This project will continue the Chaparral Street improvements from Schatzel Street to Taylor Street with minor modifications.This will include new curbs,widened sidewalks including but not limited to textured concrete and/or pavers,street pavement.New trees,shrubs,irrigation,landscape lighting and other amenities are also included. 3 TxDOT Participation $1,500,000 This project provides funding for the City's local share of costs on constructing projects leveraged with Texas Department of Transportation. 4 Traffic Signals and Lighting Improvements(City Wide) $6,000,000 This includes various Citywide traffic operation improvements,including traffic signals and capacity work such as:new traffic signals(5 total)that meet signal warrants(e.g.Ennis Joslin and McArdle;Flour Bluff and Purdue),span wire traffic signal replacements with mast arm pole assemblies(up to 10 of the 30 remaining in the City),Ennis Joslin corridor(traffic signal hardware and software upgrades,traffic signals coordination),Citywide traffic signals wireless communication,Citywide school zones wireless communication,traffic signal controller upgrades,traffic signal controller cabinet upgrades,radar detection systems,signal head replacements,Park Road 22 at Commodores eastbound left turn bay extension,and Park Road 22 at Whitecap eastbound left turn bay extension. Page 4 of 5 5 Rodd Field Road Expansion(Saratoga to Yorktown) $9,600,000 This project includes full-depth repair and capacity expansion of the existing two lane roadway(C-1 Minor Collector). This road is designated as a A-3 Arterial on the Urban Transportation Plan. Consideration will be given to increase the capacity of the current roadway and will assess the need to either a five lane roadway(four travel lanes and continuous center left turn lane)to conform to the A-1 Arterial designation of the current Urban Transportation Master Plan or a C-3 Collector(undivided four lane road with two travel lanes in each direction). Improvements will include curb and gutter, sidewalks,ADA curb ramps,and pavement markings. Future bikeway requirements will require evaluation at the time of roadway design and shall conform to the adopted Mobility CC Plan. 6 Downtown Street Traffic Signal and Area Improvements $3,500,000 This project will replace all obsolete single poles at traffic signals on Water Street corridor with mast arm pole assemblies from south of IH-37 to Coopers Alley.It will upgrade traffic signal hardware and software to City standard configuration.The new mast arm poles will be designed to comply with the architectural design standards outlined in the Central Business District Area Development Plan.Traffic signals will be coordinated for better traffic flows.This project will also assess the need to remove existing traffic signals as traffic signal warrant analysis dictates. 7 Ennis Joslin Extension(Holly to Williams) $3,400,000 This project will construct the missing gap in Ennis Joslin from William to Holly. 8 Flato Road(Agnes to Bates) $3,500,000 This project includes full-depth repair and capacity expansion of the existing two lane rural roadway. Consideration will be given improve the roadway to a rural C-1 Collector,which is consistent with the designation in the Urban Transportation Plan. Curb and gutter or sidewalk improvements are not anticipated but will be assessed during design. 9 Harbor Bridge Replacement Mitigation and Support Projects(Phase 1) $3,500,000 This project will construct the first phase of Parks and Recreation and street work to mitigate the initial phases of the upcoming Harbor Bridge construction.These improvements include the mitigation efforts to replace elements in TC Ayers and Lovenskiold Parks. 10 North Padre Island Beach Access Roads $3,500,000 This project includes reconstruction of Beach Access Roads on North Padre Island,including Beach Access Road 3A,and consideration will be given to other beach access roads for which the City has the responsibility of maintaining as funding allows. 11 Parks Beach Maintenance Facility $1,200,000 This project will construct a Parks Beach Maintenance Facility in the vicinity of Sea Pines Drive/Coral Vine Street/Access Road 6. 12 Downtown Road and Streetscape Improvements $1,500,000 Improvements to the downtown streetscape such as new trash cans,improvements to the gateways (Laredo,Agnes,Mesquite area)and wayfinding signage to help create a sense of arrival to the district and enhance downtown image.Other various street,sidewalk,lighting and landscaping improvements such as improvements to People or Lawrence Street. 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M d V� ' 75 10 J a 01 lJk CI ji FA E4 CITY OF CORPUS CHRISTI AND NUECES COUNTY JOINT ELECTION AGREEMENT This Agreement ("Agreement") is made and entered into on the ._,-..,1,,11,-..1 day of 2014. by and between Nueces County (--COUNTY,� and CITY OF CORPUS CHRISTI (--CITY OF CORPUS CHRISTF-) for the purposes and considerations stated below: WITNESSETH WHEREAS, the COUNTY will hold a Joint Election within the boundaries of the Count), on the 4th day of November. 2014: and WHEREAS. CITY OF CORPUS CHRISTI will hold a Joint Election within the boundaries of CITY OF CORPUS CHRISTI on the 4th day of November 2014: and WHEREASa it is the finding of the governing bodies of the parties hereto that it would be mutually beneficial for the COUNTY. and CITY OF CORPUS CHRISTI to jointly enter into an Agreement to hold the elections jointly and also to enter into an Election Services Contract for the provision of certain election services by the County Election Officer of Nueces Count)% Texas; THEREFORE, pursuant to Chapter 271 of the Texas Election Code, the COUNTY and the CITY OF CORPUS CHRISTI agree as follows: ELECTION RESPONSIBILITIES I. In accordance with Chapter 271 (Joint Elections) of the Texas Election Code. the COUNTY agrees to oversee and coordinate the conduct of said election for CITY OF CORPUS CHRISTI oversee and coordinate the provision of services to prepare for and facilitate the Joint Election to be held on 4th day of November 2014. COUNTY and CITY OF CORPUS CHRISTI agree that early voting and regular Election Day, voting shall be conducted jointly. 2. In accordance with Chapter 31, Subchapter D of the Texas Election Code, CITY OF CORPUS CHRISTI agrees to enter into an Election Services Contract with the Count-,- Election Officer of Nueces County. "I exas. for the provision of those certain election services described in the Election Services Contract attached hereto as Exhibit A and incorporated herein by reference. The M flqTY shall bear its share of the cost for election services, The County Election Officer, Diana T. Barrera- is hereby designated the Election Officer responsible for conduct and provision of the election services identified in the Election pkge 1 of 4 Services Contract attached as Exhibit A. Said County Election OfficerMll serve as theEarly Voting Clerk, and her designee will serve as the Counting Station Manager of the Central Counting Station for the Joint Election. Rebecca Huerta is hereby designated the primary representative of CITY OF CORPUS CHRISTI to oversee and coordinate with the County Election Officer in the conduct of the elections. In addition. Rebecca Hue rta as the CITY OF CORPUS CHRISTI Election Authority will perform or cause to be performed the following services: a. Coordinate with COUNTY on the conduct of all aspects of the CITY OF CORPUS CHRISTI elections. including (1) selection and establishment of early voting sites and conduct of early voting (locations of early voting substations are attached to this Agreement as Exhibit B). and (2) designation of precinctsb and polling places for use on Election Day (a list of polling places is included with this Agreement as Exhibit Q. b. Coordinate the handling and disposition of CITY OF CORPUS CHRIST] election returns. voter ballots, and tabulation of unofficial returns. and preparation of the tabulation for the official canvass by governmental entities. c. Provide information services for voters and election officers relating to CITY OF CORPUS CHRISTI elections. d. Maintain custody of the CITY OF CORPUS CHRISTI returns for a period as required by the Texas Election Code. PAYMENT The CITY OF CORPUS CHRISTI agrees to pay COUNTY for their share of the expenses of the election on a prorated basis dependent upon the number of entities participating in the Joint Election. Such payments will be made within 30 days of receipt from the County Election Officer of an itemized statement of the exact costs expenses incurred and outstanding expenses related to the performance of election services. with CITY OF CORPUS CHRISTI and COUNTY each paying their respective shares of such costs and expenses. III MISCELLANEOUS I. COUNTY and CITY OF CORPUS CHRIST] will each be responsible for preparing and filinL, their own respective submission and attachments. if an%. to the Justice Department for pre-clearance as may be required under Section 5 of the Voting Rights Act of 1965. as amended. Page 2 of 4 2. Each party will be responsible for posting or publication requirements necessitated by M federal, state or local laws as they may pertain to implementation of the respective issues placed on the ballot, 3. flings of fin can a] report e Each partyvxill be responsible for receipt and processing fii r po s ta e t m nts by special purpose committees relating to the parry"s own respective elections. 4. Each part), will be responsible for receipt and processing of applications of candidates for places on the ballot for its own positions. handling of drawings for places on the ballot for Ln - such positions. and the posting and issuance of any notices related thereto. 5. COUNTY will order separate ballots for CITY OF CORPUS CHRISTI containing all their propositions and regent candidates. respectively. to be voted on at the joint polling places. but a voter may, not be permitted to vote on a CITY OF CORPUS CHRISTI ballot containinp- a proposition, or a City ballot containing a proposition and/or candidates. or CITY O� CORPUS CHRISTI ballot containing a proposition and/or candidates on which the voter is ineligible to vote. IV GENERAL PROVISIONS I. This Agreement shall be construed in accordance with applicable Federal Election Laws. the Texas Election Code, and all applicable laws of the State of Texas. 2. COUNTY and CITY OF CORPUS CHRISTI through their respective Election Authorities. may agree to amend or modify this Agreement in the event federal. state, or local lairX requires additional or different actions by the Election Authority, which is beyond the scope of this contract. Such amendment or modification shall not be effective unless such amendment or modification is in writing and signed by the parties with legal authority. 3, This Agreement constitutes the entire Agreement of the parties. supersedes an), prior undertakings or written or oral agreements between the parties and can be modified or amended only by written instrument subscribed by each of the parties. Page 3 of 4 Dated is ay 2014 NUECES COUNTY ATTEST: �. . el _o eel, ��� Jr Diana T. Barrera Count), Judge County Clerk CITY OF CORPUS CHRISTI ATTEST: o „ �.,. .. ��.... � Isar Rebecca Huerta City Manager City Secretary Page 4 of 4 �s*ie OF rP�� ELECTION SERVICES CONTRACT CITY OF CORPUS CHRISTI OF ��� AND COUNTY OF NUECES THIS CONTRACT is made this ,,,,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,,,day of,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,;. 2014, by and between the City of Corpus Christi (hereinafter referred to as "City of Corpus Christi”) and Diana T. Barrera, County Clerk (County Election Officer), under authority of Texas Election Code, Section 31.092 (a), to perform Election Services for the November Joint Election to be held by Nueces County on November 4,2014. This Contract is entered into in consideration of the mutual covenants and promises hereinafter set forth. Paragraph 1. SERVICES OF COUNTY ELECTION OFFICER The COUNTY ELECTION OFFICER shall be responsible for the overall conduct of the election and shall perform and furnish the following: (a) Hire all early voting personnel; (b) Conduct training session of all election workers; (c) Provide laptops,air cards,label printers,and cell phones for processing early voters; (d) Provide Judges Booth Controller (JBC), eSlate equipment and booths for Early Voting and Election Day polling locations; (e) Transport election equipment to polling locations; (f) Provide Early Voting and Election Day technical support for mechanical breakdowns of voting equipment; (g) Scan all mail ballots, tabulate Early Voting results, arrange Early Voting Ballot Board meeting, and provide export file of early voting results; (h) If applicable,program,generate and distribute ballots; (i) Prepare all testing materials and conduct a test of the Electronic Equipment in compliance with Section 127, Subchapter D,of the Texas Election Code; (j) If applicable,provide additional miscellaneous supplies upon request;and (k) Provide estimated cost of EIection by Attachment"A". Paragraph 2. GENERAL CONDITIONS The parties agree that the COUNTY ELECTION OFFICER will perform all services listed in Paragraph I. Furthermore, the parties agree that the City of Corpus Christi is obligated to pay all expenses and shall reimburse the COUNTY ELECTION OFFICER and Nueces County with respect to any purchase reasonably made in the programming and transporting of voting equipment. Furthermore, after the election, the COUNTY ELECTION OFFICER will submit to City of Corpus Christi an itemized statement as shown in Attachment"A"with the exact costs and expenses incurred related to the performance of this contract. City of Corpus Christi agrees to make payment in conformity with the statement submitted by the COUNTY ELECTION OFFICER within thirty(30)days of receipt of the statement. SIGNED THIS DAY OF ,2014 Diana T. 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AGENDA MEMORANDUM "0 PORK Future Item for the City Council Meeting of July 29, 2014 11352 Action Item for the City Council Meeting of August 12, 2014 DATE: July 22, 2014 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Application for a Hazardous Materials Emergency Preparedness Planning Grant for the City of Corpus Christi/Nueces County LEPC Program year 2014-2015 CAPTION: Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $34,593.22 to the Texas Department of Public Safety, Governor's Division of Emergency Management, for FY 2015 Hazardous Materials Emergency Preparedness (HMEP) grant program, phase II & III, to conduct a detailed hazardous materials vulnerability assessment to increase effectiveness in safely and efficiently handling hazardous materials accidents and incidents and to further enhance implementation of the Emergency Planning and Community Right-to Know Act of 1986, with a hard match of$6,918.64; and authorizing the City Manager, or designee, to apply for, accept, reject, alter or terminate the grant. PURPOSE: The data and analysis will be used to enhance emergency plans and response procedures for emergencies involving transportation of hazardous materials and fixed site storage. BACKGROUND AND FINDINGS: The Corpus Christi/Nueces County LEPC recently completed a Commodity Flow Study to assess hazardous materials transported throughout the County including our three hazardous materials highways (IH37, US77 and US181), major rail carriers and hundreds of miles of pipelines. The study yielded 400 facilities with approximately 2,500 stored chemical substances. The proposed study will use the comprehensive commodity flow and facility data to complete a detailed risk analysis of at-risk transportation activities and industrial facilities throughout Nueces County and neighboring jurisdictions that may have an adverse impact on the public safety/health of Nueces County residents, visitors and its workforce. Phase I of the assessment is funded in totality in the proposed 2014-15 LEPC budget. ALTERNATIVES: If we don't apply and receive the grant, we will have limited information to prepare plans and train for hazardous material incidents. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of Resolution to submit grant application. EMERGENCY/ NON-EMERGENCY: This is a Non-Emergency, non-controversial item. DEPARTMENTAL CLEARANCES: Legal Finance - Federal Grants and Office of Management and Budget FINANCIAL IMPACT: Ei Operating mm Revenue G..-J Capital X Not applicable Project to Date Fiscal Year: 2013- Expenditures Years TOTALS 2014 (CIP only) ............... Current Year Future 0 Line Item Budget Encumbered / 0 Expended Amount This item 0 0 0 BALANCE-_- 0 0 0 n Fund(s): Comments: The FY 2014-2015 proposed LEPC Budget can absorb the 20% match of $6,918.64. The City of Corpus Christi/Nueces County LEPC had approved a motion to apply for this grant. RECOMMENDATION: Council approval of Resolution to submit grant application. LIST OF SUPPORTING DOCUMENTS: Grant Application Resolution RESOLUTION Authorizing the City Manager, or designee, to submit a grant application in the amount of $34,593.22 to the Texas Department of Public Safety, Governor's Division of Emergency Management, for FY 2015 Hazardous Materials Emergency Preparedness (HMEP) grant program, phase II & III, to conduct a detailed hazardous materials vulnerability assessment to increase effectiveness in safety and efficiently handling hazardous materials accidents and incidents and to further enhance implementation of the Emergency Planning and Community Right-to Know Act of 1986, with a hard match of $6,918.64; and authorizing the city manager, or designee, to apply for, accept, reject, alter or terminate the grant. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to submit a grant application in the amount of $34,593.22 to the Texas Department of Public Safety, Governor's Division of Emergency Management, for FY 2015 Hazardous Materials Emergency Preparedness (HMEP) grant program, Phase II and III, to conduct a detailed hazardous materials vulnerability assessment to increase effectiveness in safety and efficiently handling hazardous materials accidents and incidents and to further enhance implementation of the Emergency Planning and Community Right-to Know Act of 1986, with a hard match of$6,918.64. Section 2. The City Manager, or designee, may apply for, accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. SECTION 2. In the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned, in full, to the Texas Department of Public Safety, Governor's Division of Emergency Management, Hazardous Materials Emergency Preparedness Grant Program. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor 2 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 HMEP Application Coversheet for FY 2015 grant year 1. APPLICANT INFORMATION PLEASE TYPE ALL INFORMATION a. Legal Name of LEPC county or city: Geographic area covered/Project Title: City of Corpus Christi/Nueces County LEPC Nueces County b. Name of Grant Manager: Address: 2406 Leopard St., Suite 300 Joanne Salge Corpus Christi, TX 78408 Telephone: (361) 826-3960 Fax: e-mail address: JoanneS cctexas.com (361) 826-4417 neS@cctexas.com Name of person who will administer funds: Address: 2406 Leopard St., Suite 300 Rick Ramos, LEPC Finance Committee Chairperson Corpus Christi, TX 78408 Telephone: (361) 826-3938 Fax: (361) 887-8053 e-mail address: rickr@cctexas.com e.County or City's Vendor Identification Number: 74-6000-754 f.County or City's Dun and Bradstreet Numbering System(DUNS)Number: 069457786 g.County or City's Congressional District:27th Congressional District h. Does your County or City have an active account in the System for Awards Management(SAM)? © YES F) NO i. Please select when your city or county last receive HMEP Planning Grant Funding(Select One): A.Within the last live years(F) B.Within the last two years C.More than rive years ago© D.Never Q j.What is the current population of your City or County: 353,107 If multiple counties or cities are included in this project,please indicate the populations of each jurisdiction involved. *Please Note:The HMEP Planning Grant gives preference to rural and small population jurisdictions 2. CERTIFICATION To the best of my knowledge and belief,all information in this application is true and correct. The document has been duly authorized by the[county judge,mayor,city manager] and a majority vote of the Local Emergency Planning Committee. The County/City of Corpus Christi will serve as fiscal agent for the project and comply with all contractual obligations if assistance is provided. NAME OF LEPC CHAIR: SIGNATURE Robert Rocha TELEPHONE:(361) 826-3932 DATE: FAX: (361) 826-4281 NAME OF AUTHORIZED FISCAL AGENT : Ronald R. Olson TITLE: Corpus Christi City Manager SIGNATURE TELEPHONE:(361) 826-3222 DATE: FAX: (361) 826-3839 1 This is the county or city fiscal agent that will manage of any and all monies awarded under this grant. 2 This cannot be the LEPC Chair or grant manager.This must be a member of the authorized fiscal agent. 20 DESIGNATION STATEMENT Applicant City of Corpus Christi/Nueces County Date Project Title Toxic Industrial Chemical & Material Vulnerability Assessment ailing Address 2406 Leopard St., Suite 300, Corpus Christi, TX 78408 Project Manager Joanne Salge Phone (361) 826-3960 Title LEPC Administrator E-Mail Address: JoanneS@cctexas.com Financial Officer* Rick Ramos Phone (361) 826-3938 LEPC Finance Sub-Committee Chairperson Title Total Project Budget: $ 34,593.22 (100%) HMEP Share: $ 27,674.58 (80%) Local Share: $ 6,918.64 (20%) *FINANCIAL OFFICER CANNOT BE THE PROJECT MANAGER CERTIFICATION I certify that I have the legal authority to make a commitment to the project on behalf of the applicant and that the project manager indicated above has the responsibility for the daily implementation of the proposed project. I certify that I am duly authorized to act on behalf of the recipient organization and the recipient agrees with the requirements of the "Offer and Acceptance" clause, and that the award is subject to the applicable provisions of 49 CFR § 110 et seq., 49 CFR Part 18, and of the provisions of TDEM Assistance Agreement Contract. I certify that the financial manager indicated above has the responsibility for the fiscal management of the grant and has the legal authority to certify all financial status reports, invoices and requests for payments that will be submitted. I certify that the information in the attach application is true to the best of my knowledge. By submitting this application, I am making a commitment to the proposed project, budget, match share and scope of work (Project Narrative and Work Schedule and Deliverables). LEPC Administrator —4a Prej Manager(print/signature) Title e 22 PROJECT NARRATIVE (Use additional paper if necessary, two page maximum) City of Corpus Christi/Nueces County LEPC Applicant/ Local Government: Toxic Industrial Chemical &Material Vulnerability Assessment Project Title: Please refer to Appendix E-Proposal Evaluation Criteria Guide to ensure that all of the necessary information is included in your Project Narrative The City of Corpus Christi/Nueces County LEPC intends to build on previous initiatives to complete a detailed hazardous materials vulnerability assessment to increase effectiveness in safely and efficiently handling hazardous materials accidents and incidents and to further enhance our implementation of the Emergency Planning and Community Right-to-Know Act of 1986. The Corpus Christi/Nueces County recently completed a Commodity Flow Study to assess hazardous materials transported throughout the County including our three hazardous materials highways (IH37, US77 & US 181), major rail carriers and hundreds of miles of pipelines. Additionally, in 2011, the Corpus Christi/Nueces County LEPC contracted services to develop a comprehensive list of regulated industrial facilities, complete with associated hazardous material storage based on available regulatory data. This compressive list yielded 400 facilities with approximately 2,500 stored chemical substances. The LEPC has approved 100%funding for phase one of a project which will entail subcontracting with Alliance Solution Group, Inc. (ASG)to conduct a risk assessment of the Tier 11 facilities in Nueces County. This will include a review of the previously identified facilities from work conducted by ASG in 2011, an assessment of the risks, and a narrative description of the results and methodology used. Phase 1 will begin on October 1, 2014. DELIVERABLES PHASE 1: Upon completion of Phase 1, ASG will deliver a (1) Risk Assessment Spreadsheet for a high risk facility, (2) model files exported from ALOHA, (3) casualty impact analysis, and (4) a narrative description containing methodology for capturing and interpreting qualitative data in a final report. We are asking funding for Phase 11 and Phase 111. PHASE II: will consist of an Assessment of the Impact, Capabilities and Controls for Response to High Risk Facilities. In Phase 11 of this project,ASG will: 1. Asses Critical Infrastructure as risk from high risk facilities. 2. Identify populations at risk(using census data, tourism data) 3. Analyze Controls a. Facility Response Plans for those high risk facilities identified in phase I b. Notification procedures (facility, responders, community) c. Pre-fire plans 4. Assess response capabilities (City, County, Port, Regional, State, Federal, Private/Corporate entities to include equipment, training, and technical capabilities. Nueces County and the LEPC will provide a current assessment. The LEPC will provide a list of hazmat detection, decontamination and PPE assets to the extent practical so that ASG can assess preparedness to response to high risk facilities. 5. Conduct needs assessment through an on-line survey instrument. 6. Develop potential risk scenarios. 24 PROJECT NARRATIVE Continued -------------------- 7. Conduct evacuation modeling (day/night time, seasonal populations) using Real Time evacuation Planning Mode(RtePM)to provide planners with analysis on evacuation versus shelter in place protective actions. This may aid responders in implementation of public protective action. DELIVERABLES FOR PHASE 11: The information assessed will be provided in a report outlining community and high risk facility capabilities and population/areas at risk from those facilities. The report will detail the notification procedures for the facilities, emergency responders and the community. It will provide evacuation models for the top three high risk facilities and recommendations on parameters for emergency response. additionally, it will contain a training and exercise plan for the future based on the needs assessment. PHASE III: ASG will review the current LEPC plan for compliance with Superfund Amendments and Reauthorization Act(SARA)Title III Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) section 301 and 303 and its ability to be successfully implemented. Based on the results of the evaluation,ASG will provide the LEPC a synopsis of this review with best practices and any recommendations for changes, modifications, improvements, or other identified shortfalls to meet compliance standards. In coordinations with Nueces County and the LEPC,ASG will update the LEPC Emergency response plan. ASG will incorporate all the assessments, data, modes, commodity flow study information and implementation actions into a comprehensive updated plan in compliance with the Superfund Amendments and Reauthorization Act(SARA)Title III Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) in compliance with Section 301 and 303. Upon Completion of the updated plan, ASG will submit the plan to the LEPC for review. Upon completion of the review ASG will incorporate any changes and/or edits needed to finalize the plan. DELIVERABLES FOR PHASE III: Once a final plan is developed, the plan will be delivered in a format (Hard Copy, CID, or PDF) agreed upon at the beginning of the contract for review and adoption. Note: If we can not receive funding for full amount, will except funding for only Phase 11 which is $19,927.73 minus 20% hard match. WORK SCHEDULE AND DELIVERABLES Applicant City ofCorpus ChristKNueoeeCounty LEPC Project Title Toxic Industrial Chemical & Material Vulnerability Assessment T, Project Zkcf`v`f~es, 7-asl' and Deliverables • Asses Critical Infrastructure otrisk from high risk facilities. Identify populations otrisk. • Analyze Controls: (1) Facility Response Plans for those high risk facilities, (2) Notification Procedures • of facilities, responders, community, (3) Pre-Fire Plans.Asses response capabilities. • Phase Deliverables: Develop nyportouding community and high risk facility capabilities and • populations/areas etrisk from those facilities. • Phase 3 Review current LEPC plan for compliance with Superfund Amendments and Sara Title 111. • Based on results of evaluation ASG will provide synopise of review with recomendations. * Deliverables: Update LEPC Emergency Response Plan in compliance with 8uperfund. TT, Monthly Progress Schedule October:Contract with subcontractor to perform April: Review the current LEPC plan for Assessment. compliance with Superfund Amendments and Reauthorization Act(Sara)Title 111. November:Conduct initial meetings with May:Continue to review the current LEPC plan for subcontractor to establish a compliance with Superfund Amendments and communication schedule and on-site Reauthorization Act(Sara)Title 111. December: Begin assessment of critical June: Complete review of current LEPC Plan. infrastructure at risk January:Analyze facility response plans, July: ASG will provide LEPC a synopsis of the notification procedures and Pre-Fire review with best practices and any Plans. recommendations for change, modifications, improvements, or other identified shortfalls to meet compliance. February:Asses response capabilities and develop August:LEPC will review the synopsis and make potential risk scenarios. recommendations. March: Receive and review Deliverables for phase September: Deliverables: Submit final Emergency 2 and make revisions as necessary. Response Plan. 26 BUDGET SII (must be fully completed) City of Corpus Christi/Nueces County LEPC Applicant(local government) Toxic Industrial Chemical & Material Vulnerability Assessment Project Title QUESTION HMEP SHAD' MATCH SHARE TOTAL COSTS Personnel Fringe Benefits Travel Supplies Other Contracts $27,674.58 $6,918.64 $34,593.22 TOTAL°COSTS $27,674.58 $6,918.64 $34,593:22 QUESTION 2 Will the aggregate expenditure of funds by the LEPC, exclusive of Federal Funds, for developing, improving and implement emergency plans under EPCIA be maintained at a level that does not fall below the average level of such expenditures for the two fiscal years prior to the grant project? The expenditure of funds will be maintained at or above the average aggregate of expenditures of funds for the two fiscal year prior to the grant project. The average for the two fiscal years prior to the grant project is $113,000.00. The propose budget for FY14-15 is approximately $115,000.00 Note: No Overtime or Call Backs No Equipment Purchases No Software with the exception of CAMEO. Texas Division of Emergency Management Department of Public Safety Grant Assurances for the H z rdous Materipla Em r enc reparcdngaa._Grant City of Corpus Christi/Nueces County LEPC Name of Applicant: Address: 2406 Leopard St., Suite 300 City:Corpus Chrisit -State:Texas Zip Code: 78408 361 826-3960826-4417 Telephone Number: =) Fax Number: (2!L-) E-Mail Address:JoanneS@cctexas.com Cell Phone: (361) 816-1773 As the duly authorized representative of the applicant, I certify that the applicant named above: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency,the comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. Section 4727- 4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statues or regulations specified in Appendix A of OP 's Standards for Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statues relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P. L. 88-352) which prohibits discrimination on the basis of race, color, or national origin; (b) Title IV of the Education Amendments of 1972, as amended (20 U.S.C. Sections 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. Sections 6101- 6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and 30 Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970,) P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) Sections 523 and 527 of the Public Health Service Act of 1912, (42 U.S.C. 290-dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Acts of 1968 (42 U.S.C. Section 3601 et. seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provision in the specific statue(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statue(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Title 11 and III of the Unifon-ned Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally assisted programs. These requirements apply to all interest in real property acquired for project purposes regardless of Federal participation in purchase. 8. Will comply with provisions of Hatch Act (5 U.S.C. Sections 1501-1508 and 7324-7328) which limit the political activities of employees whose principle employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. Sections 276a to 276a-7) the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327-333), regarding labor standards for federally assisted construction subagreements. 10. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11.Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988;(e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16) U.S.C. Sections 1451 et seq.); (f) conformity of Federal actions to State (Clear Air) Implementation Plans under Section 176 (c) of the Clear Air Act of 1955, as amended (42 U.S.C. Section et seq.); (g) protection underground sources of drinking water under Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205). 12. Will comply, if applicable, with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et.seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance, if applicable, with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and preservation of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-I et seq). 14.Will comply with P.L 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15.Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research,teaching, or other activities supported by this award of assistance. 16.Will comply with the Lead-Based Paint Poising Prevention Act (42 U.S.C. Sections 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 17.Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984. 18.Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. 19.It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher education, hospitals, and other non-profit organizations. The undersigned represents that he/she is authorized by the above named applicant to enter into this agreement for and on behalf of the said applicant. Signature of Project Manager: W Printed Name Project Manager: Joanne SalVe Title: LP C Administrator Date: 22-201q 0 32 d M AGENDA MEMORANDUM G O U oaPowR,ko Future Item for the City Council Meeting of July 29, 2014 2852 Action Item for the City Council Meeting of August 12, 2014 DATE: July 29, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager ch risetalm(o)cctexas.com (361) 826-3169 Jim Davis, Director of General Services iimd(a�cctexas.com (361) 826-1909 Upgrade to Fleet Management Information System (FMIS) CAPTION: Motion approving a professional service agreement with Mercury Associates, Inc., Gaithersburg, Maryland to upgrade the Fleet Management Information System (FMIS) in accordance with the State of Texas Cooperative Purchasing Program for a total expenditure of $298,600.76. Funds have been budgeted by the Fleet Maintenance Services in FY 2013- 2014. PURPOSE: Mercury Associates, Inc. will provide professional services to assist General Services to install the FleetFocus M5 software package. BACKGROUND AND FINDINGS: The General Services Division has been using the FleetFocus M4 FMIS for the past 12 years. While the M4 FMIS continues to be recognized as a capable information system in base function, there are improvements in core functionality and advances in modern technology that are available through upgrading to the current version of the application; FleetFocus M5. General Services Division will realize immediate benefits from an upgrade through increased efficiencies in data collection, analysis and reporting. 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: Fleet Maintenance Services 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 $299,629.00 $299,629.00 Encumbered / Expended Amount $0.00 $0.00 This item $298,600.76 $298,600.76 BALANCE 1 $1,028.24 $1,028.24 Fund(s): Fleet Maintenance Services Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Service Agreement CITY OF CORPUS CHRISTI TXMAS CONTRACT#9-874V01 PURCHASING DIVISION PRICE SHEET BUYER: GABRIEL MALDONADO Mercury Associates, Inc. Gaithersburg, Maryland ITEM DESCRIPTION QTY I UNIT UNIT PRICE I TOTAL PRICE 1. FleetFocus M5 Software Upgrade License, 1 LOT $298,600.76 $298,600.76 Implementation and Confirguration, Bar code Hardware, FuelFocuse Fuel Manage- ment Integrated System, KeyValet Intergrated Unattended Motor Pool System. Grand Total $298,600.76 CONTRACT Fleet Management System Requirements and Implementation Services Service Agreement No. THIS Fleet Management System Requirements and Implementation Services CONTRACT (this "Agreement") is entered into by and between Mercury Associates, Inc (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, effective for all purposes upon execution by the City Manager or his designee. WHEREAS Contractor has proposed to provide System Requirements and Implementation Services for a Fleet Management Information System in accordance with its proposal dated June 2,2014. which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be well qualified to perform proposed services and Contractor is categorized as a small business listed on the Texas Multiple Award Schedule(TXMAS) to provide the required services; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will perform System Requirements and Implementation Services for a Fleet Management Information System in accordance with its proposal dated June 2, 2014. The total not to exceed price for the proposed services is $298,600.76 payment terms of net 30 days. 2. Term. This Agreement commences on the date signed by the last signatory hereto and continues for approximately 18 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 Director of General Services. 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. 1nsurance. 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 Director of General Services 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 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 on site 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 Asset Works in connection with the work performed under this Agreement. When using any additional subcontractors, however, the Contractor must obtain prior written approval from the Director of General Services. 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. Contractor shall license the Asset Works Product(s) listed in Exhibit A for the license fees listed in Exhibit A pursuant to the End User License terms and conditions set forth in Asset Works End User License attached hereto as Exhibit C. Further, Asset Works shall provide Software support for the Product(s) pursuant to the terms and conditions of Exhibit D attached hereto for the support fees set forth in Exhibit A. All license fees and support fees shall be paid by the City to the Contractor. 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 2, 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 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 General Services P.O. Box 9277 Corpus Christi, Texas 78469-9277 Fax No.: (361) 826-1905 e-mail : jimD@cctexas.com IF TO CONTRACTOR: Mercury Associates, Inc. Randall G. Owen 7361 Calhoun Place, Suite 680 Rockville, MD 20855-2765 Email: rowen@mercury-asssoc.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' FEES AND EXPERT WITNESS FEES WHICH ARISE OUT OF OR IN CONNECTION WITH THE NEGLIGENCE OF CONSULTANT OR ITS SUBCONTRACTORS IN THE PERFORMANCE OF THIS CONTRACT. CONTRACTOR MUST,AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEY AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. SIGNED this 16th day of June, 2014. Contractor Mercury Associates, Inc 4AW )3, 0 Randall G. Owen Senior Vice-President CITY OF CORPUS CHRISTI ("CITY") Christela Morales Procurement Manager Exhibit A: Consultant's proposal dated June 2, 2014. Exhibit B: Insurance Requirements Exhibit C: AssetWorks End User License Exhibit D: AssetWorks Software Support CITY OF CORPUS CHRISTI SERVICE AGREEMENT PURCHASING DIVISION EXHIBIT A: Consultant's Proposal date June 2, 2014 EXHIBIT B: Insurance Certificate(*) EXHIBIT C: AssetWorks End User License EXHIBIT D: AssetWorks Software Support (*) Documents are available upon request. ?--1 r-1 Q +'(754 N - � U a � a, o w � 0 00 -d-j O 4-j 75 •r-1 75 O ,$:� s:� V (t bJOr-+ bJO O P7::; 0 0 0 ' 75 -,C5 -,C5 bJO a-j a-j aj r� • r-.4 •r-1 •r-1 O -d-j .r-q O r � � ub,O c� •O -� 'u .2 b +, V O ObA r cn O p *.r > �' V O u �' '-� O -N 41 bA � a O .+, r O ct C) ; r Q� V 4-j bJC � 75 O s $fL, .° O l0 O W O Ol 00 Ill% N-I m U') O O o �o rn N Il- 00 N 00 M 00 Ul Ul 1:71 N O N .N. N U? -kn WL r 4-1 O ro U E E E cu ro ro 0 O Ua f O " O a HC AGENDA MEMORANDUM aapowaEFuture Item for the City Council Meeting of July 29, 2014 1852 Action Item for the City Council Meeting of August 12, 2014 DATE: July 22, 2014 TO: Ronald L. Olson, City Manager FROM: Tom Tagliabue, Director, Intergovernmental Relations tomtag@cctexas.com 361.826.3850 RESOLUTION to be presented to the Texas Municipal League at its 2014 Annual Conference September 30-October 3, 2014, in Houston, recommending legislative appropriation for the FY 16-17 biennium to partner with local project sponsors to implement one or more seawater desalination projects. CAPTION: Recommend the 84th Texas Legislature appropriate adequate funding for the Fiscal Years 2016-2017 biennium for the State of Texas to partner with local project sponsors to implement one or more seawater desalination projects to provide uninterruptible water supply and have corresponding positive impacts for water supplies in adjacent regions which will strengthen Texas' economy and sustain economic prosperity. PURPOSE: The resolution, if approved by the TML Board of Directors, will give credibility to the argument for state investment in a large scale seawater desalination project to make the project affordable and for the State of Texas to play a major role in helping local project sponsors meet the water supply needs of a growing state. BACKGROUND AND FINDINGS: In order for the TML to consider a resolution at its annual conference, the governing body of a member city must first approve a resolution and then the member city must submit a resolution cover sheet by the August 15, 2014, deadline. TML recommends that any resolution state one of four categories to better direct League staff. Those categories are: • Seek Introduction and Passage means that the League can attempt to find a sponsor, will provide testimony, and will otherwise actively pursue passage. Bills in this category are known as "TML bills." • Support means the League will attempt to obtain passage of the initiative if it is introduced by a city or some other entity. • Oppose. • Take No Position. The TML Resolutions Committee will meet at 2:00 p.m. on Tuesday, September 30, 2014, at the George R. Brown Convention Center in Houston. The sponsoring city of the resolution can explain the resolution, answer questions, and advocate for the resolution. If the procedures are not followed a resolution could be referred to some other TML committee for further study, which would mean the resolution would not be adopted during the 2014 conference. At the April 22, 2014, Select Legislative Committee on Desalination, several witnesses, including Nueces County .fudge Loyd Neal, Corpus Christi Mayor Nelda Martinez and several members of the City Council, testified in support of the need for the State of Texas to invest in a large scale seawater desalination project to make the project affordable in comparison to other water management strategies. ALTERNATIVES: The Council can choose to: 1. Adopt the resolution. 2. Not adopt the resolution. 3. Adopt the resolution as a legislative priority, but not ask TML to consider the resolution. 4. Adopt the resolution and ask TML that the priority only be"support" instead of"seek introduction and passage". OTHER CONSIDERATIONS: The City is currently conducting a variable salinity desalination study. CONFORMITY TO CITY POLICY: n/a EMERGENCY/ NON-EMERGENCY: This is a non-emergency item. DEPARTMENTAL CLEARANCES: Deputy City Manager Assistant City Manager for Public Works and Utilities City Attorney Utilities Department Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Project to Date Fiscal Year: 2014- Expenditures Future Year 2015 (CIP only) Current Year FY 15 TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Comments: None RECOMMENDATION: Staff recommends adoption of the resolution and submission of the resolution and cover sheet to the Texas Municipal League. LIST OF SUPPORTING DOCUMENTS: 1. TML Cover Sheet 2. Resolution 2014 TML RESOLUTION COVER SHEET Sponsoring Entity: City of Corpus Christi Brief Background: Seawater desalination is the only uninterruptible water management strategy. It has been 12 years since Governor Rick Perry tasked the Texas Water Development Board (TWDB) with developing a proposal to build Texas' first large-scale seawater desalination plant to produce drinking water and more than a decade since the passage of House Bill 1370 directing TWDB to research what was needed to advance the development of cost-effective water supplies from seawater desalination in Texas. There are 46 inland public water supply desalination plants operating in Texas, but ZERO seawater desalination plants. What the Resolution is Intended to Accomplish: Encourage the 84th Texas Legislature to appropriate adequate funding_ to implement one or more seawater desalination projects to meet Texas' water supply needs that will strengthen Texas' economy and sustain economic prosperity. How the Resolution is City-Related/How it Addresses a Municipal Issue: In many areas, municipalities provide wholesale or retail water for municipal, irrigation, manufacturing, livestock, minim, and steam-electric power water user groups. Seawater desalination projects are expensive and a partnership between municipalities, the State of Texas, and, potentially, the private sector, may be the most cost-effective way of meeting Texas' water supply needs. Statewide Importance: If the State is serious about solving the water supply needs to support the growing population and job expansion projected over the next 50 years, the Legislature must invest funding to make seawater desalination a reality. Producing an uninterruptible supply of desalinated seawater will diversify the water supply. It could make water available for other regions with water needs. Numerous options become available for inter-regional cooperation and joint projects to meet water supply needs. The uninterruptible desalinated seawater available will ensure the job-producing, tax-generating, economy-driving oil and gas, energy, chemical, and manufacturing industries in those areas, will continue to thrive keeping Texas prosperous. Submitted By: Name: Tom Tali abue Title: Director, Intergovernmental Relations City: City of Corpus Christi Telephone: 361/826-3850 (work) PLEASE DO NOT WRITE ON THE BACK OF THIS FORM RESOLUTION Recommend the 84th Texas Legislature appropriate adequate funding for the Fiscal Years 2016- 2017 biennium for the State of Texas to partner with local project sponsors to implement one or more seawater desalination projects to provide uninterruptible water supply and have corresponding positive impacts for water supplies in adjacent regions which will strengthen Texas' economy and sustain economic prosperity. WHEREAS, Texas is experiencing what could be a new drought of record and many regions of the State of Texas lack water supplies to support its thriving economy and growing population; and WHEREAS, according to the 2012 State Water Plan, in a serious drought, Texas does not and will not have enough water to meet the needs of its people, its businesses, and its agricultural enterprises; and WHEREAS, it has been 12 years since Governor Rick Perry tasked the Texas Water Development Board(TWDB)with developing a proposal to build Texas' first large-scale seawater desalination plant to produce drinking water and more than a decade since the passage of House Bill 1370 directing TWDB to research what was needed to advance the development of cost-effective water supplies from seawater desalination in Texas. WHEREAS, to date, the TWDB has funded 17 brackish groundwater desalination projects for a total of about $3.05 million, and 10 seawater desalination projects for a total of approximately $3.55 million and, so far, there are 46 inland public water supply desalination plants operating in Texas, but zero seawater desalination plants; and WHEREAS, in the 2012 State Water Plan, three regional water planning groups (Regions H, L, and M) recommended seawater desalination as one of the water management strategies that would produce 125,514 acre-feet per year of new water supplies by 2060 and project that those strategies would represent 1.4% of all the new supplies in the state; and WHEREAS, current statutes do not limit or restrict implementation of seawater desalination projects, but the lack of state funding for large scale seawater desalination projects limits the affordability of the project placing the entire financial burden on the local project sponsor, which is typically a municipality. NOW, THEREFORE, BE IT RESOLVED, that the City of Corpus Christi, hereby recommend the 841' Texas Legislature appropriate adequate funding for the Fiscal Years 2016-2017 biennium for the State of Texas to invest grant dollars (not loans) to partner with local project sponsors on one or more large scale seawater desalination projects to provide uninterruptible water supply and have corresponding positive impacts for water supplies in adjacent regions which will strengthen Texas' economy and sustain economic prosperity. AND BE IT FURTHER RESOLVED, that the City of Corpus Christi, hereby recommend that the Texas Municipal League (TML) adopt a resolution at the 2014 TML Annual Conference in Houston recommending the introduction and passage of the General Appropriations Act for FYs 2016-2017 that includes grant funding assistance to local project sponsors to implement one or more seawater desalination projects to provide uninterruptible water supply and have corresponding positive impacts for water supplies in adjacent regions which will strengthen Texas' economy and sustain economic prosperity. This resolution takes effect upon City Council approval on this the day of , 2014. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Corpus Christi, Texas 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