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Agenda Packet City Council - 06/09/2015
Corpus Christi Meeting Agenda - Final City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, June 9, 2015 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 Rogel "Ogie" Rosalinas, St. Joseph Catholic Church. C. Pledge of Allegiance to the Flag of the United States to be led by Sylvia Wilson, Human Relations Administrator. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations / Commendations 1. 15-0573 Proclamation declaring June 9, 2015, "Corpus Christi All-Star Tiger Shark Day" Proclamation declaring June 9-19, 2015, "150th Anniversary of the Juneteenth Celebration, the Spirit of Emancipation Days" Proclamation declaring June 14, 2015, "20th Annual Ms. Coastal Bend Senior Pageant Day" 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 6/8/2015 City Council Meeting Agenda - Final June 9, 2015 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. 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. If the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. The City Council may deliberate and take action in open session on any issue that may be discussed in executive session. The description of an item in "Executive Sessions" constitutes the written interpretation by the City Attorney of Chapter 551 of the Texas Government Code and his determination that said item may be legally discussed in Closed Meeting in compliance with Chapter 551 the Texas Government Code. 2. 15-0577 Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining negotiations and/or the collective bargaining agreements between the City of Corpus Christi and the Corpus Christi Firefighters Association and/or Corpus Christi Police Officers' Association. 3. 15-0593 Executive session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning status of litigation, including SOAH Docket No. 473-14-4431 and PUC Docket No. 42467 Application of Electric Transmission Texas, LLC to Amend Its Certificates of Convenience and Necessity for the Proposed Barney Davis to Naval Base Single -Circuit 138 KV Transmission Line in Nueces County, Texas. Corpus Christi Page 2 Printed on 6/8/2015 City Council Meeting Agenda - Final June 9, 2015 I. MINUTES: 4. 15-0572 Regular Meeting of May 26, 2015 and Workshop Session of June 2, 2015. Attachments: Minutes - May 26, 2015 Minutes - June 2, 2015 J. BOARD & COMMITTEE APPOINTMENTS: 5. 15-0571 Ethics Commission Pipeline Review Panel Attachments: Ethics Commission Pipeline Review Panel 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 - 16) 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. 15-0464 Purchase of Ammunition for Police Department Motion approving the purchase of approximately 320,000 rounds of ammunition from Precision Delta Corporation, Rulerville, Mississippi in accordance with Bid Event No. 42 based on only bid for a one-time expenditure of $66,592. Funds are budgeted in the General Fund and the Crime Control Fund No. 9010 in FY 2014-2015. Attachments: Agenda Memo - Purchase of Ammunition Bid Tabulation - Purchase of Ammunition 7. 15-0442 Lease -Purchase of Ambulances Motion approving the lease -purchase of two (2) ambulances from Knapp Chevrolet, Houston, Texas for a total amount of $322,440.88, of which $5,374.01 is required for the remainder of FY 2014-2015. The award is Corpus Christi Page 3 Printed on 6/8/2015 City Council Meeting Agenda - Final June 9, 2015 based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Financing for the lease -purchase will be provided through the City's lease -purchase financing contractor. Attachments: Agenda Memo - Ambulances Price Sheet - Ambulances 8. 15-0455 Approving application submission for Beach Cleaning and Maintenance funding Resolution authorizing the City Manager or designee to execute all documents necessary to request continued financial assistance for beach cleaning and maintenance on North Padre Island and Mustang Island during FY 2015-2016 under the Texas General Land Office's Beach Cleaning and Maintenance Assistance Program Attachments: Agenda Memo - GLO Beach Maintenance 2015 application Resolution - GLO Beach Maintenance 2015 application 9. 15-0426 Engineering Construction Contracts for ADA Improvements in Community Development Block Grant (CDBG) Areas Motion authorizing the City Manager, or designee, to execute a construction contract with Ti -Zack Concrete, Inc. of Le Center, Minnesota in the amount of $312,267.00 for ADA Improvements in CDBG (Community Development Block Grant) Areas FY 2013 for the total base bid Part A, and to execute a construction contract with A. Ortiz Construction & Paving, Inc. of Corpus Christi, Texas in the amount of $152,456.25 for Accessible Routes in CDBG Residential Areas Phase 3 for the total base bid Part B. Attachments: Agenda Memo ADA Improvement in CDBG Areas Project Budget - ADA in CDBG areas Location Map - ADA in CDBG areas Presentation - ADA Improvements in CDBG Areas 10. 15-0467 Engineering Construction Contract for Waterline and Gas Line Extension Motion authorizing the City Manager or designee to execute a construction contract with Clark Pipeline Services, in the amount of $2,381,598.50 for the Padre Island Water Line and Gas Line Extension. Attachments: Agenda Memo - Padre Island Water Line Gas Line Extension Project Budget - Padre Island Water Line Gas Line Extension.pdf Location Map - Padre Island Water Line Gas Line Extension.pdf Presentation - Padre Island Water Line Gas Line Extension 11. 15-0428 Construction contract for programmed lifecycle replacement and Corpus Christi Page 4 Printed on 6/8/2015 City Council Meeting Agenda - Final June 9, 2015 extension of the City's water distribution system Motion authorizing the City Manager, or designee, to execute a construction contract with Clark Pipeline Services of Corpus Christi, Texas in the amount of $2,300,000 for the Programmed Waterline Service Life Extension for Citywide Distribution Repair and Replacement - Indefinite Delivery/Indefinite Quantity (ID/IQ) Procurement for the total base bid. Attachments: Agenda Memo - Programmed Waterline IDIQ Prosect Budget - Programmed Waterline IDIQ.pdf Location Map - Programmed Waterline IDIQ.pdf Presentation - Programmed Waterline IDIQ.pdf 12. 15-0493 Authorizing the City Manager to enter into Water Contracts for properties in Sun George Village Subdivision Resolution authorizing the City Manager or designee to enter into outside city limits water contracts with the property owners in the Sun George Village Subdivision to provide public water to their respective properties pursuant to Section 55-113, City Code of Ordinances. Attachments: Agenda Memo - Sun George Village Resolution - Sun George Village Location Map - Exhibit A - Sun George Village OCL Water Contract - Exhibit B - Sun George Village 13. 15-0427 Second Reading Ordinance - Appropriating funds for Women, Infants and Children (WIC) grant amendment (1st Reading 5/26/15) Ordinance authorizing the City Manager, or his designee, to execute all documents necessary to accept and appropriate additional funding in the amount of $88,902.00 to the current contract amount of $963,369.00 for a total grant in the amount of $1,052,271.00 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 the grant to begin as of January 1, 2015. Attachments: Agenda Memo - WIC FY15 amendment Ordinance - WIC FY15 amendment Contract Amendment - WIC FY15 amendment 14. 15-0489 Second Reading Ordinance - Closing a utility easement located north of South Padre Island Drive and east of Admiral Drive (1st Reading 5/26/15) Ordinance abandoning and vacating a 1,450 -square foot portion of an existing 10 -foot wide utility easement out of a part of Lot 8, and Lots Corpus Christi Page 5 Printed on 6/8/2015 City Council Meeting Agenda - Final June 9, 2015 15-17, Block J, Flour Bluff Estates, located north of the South Padre Island Drive (SH 358) state right-of-way, and east of the Admiral Drive public street right-of-way;and requiring the owner, Blue Sand Development, LLC., to comply with the specified conditions. Attachments: Agenda Memo - Flour Bluff Estates Ordinance - Flour Bluff Estates Aerial Map - Flour Bluff Estates 15. 15-0474 Second Reading Ordinance - Appropriating Funds and Amending the Service Agreement for Strategic Planning Services (1st Reading 5/26/15) Ordinance appropriating $53,997 from the unreserved fund balance in the No. 4610 Airport Fund for the Airport's share of Goody Clancy Amendment No. 2 for strategic planning services project at Corpus Christi International Airport; and amending the FY2014-2015 Operating Budget adopted by Ordinance No. 030294 to increase expenditures by $53,997; authorizing the City Manager, or designee, to execute Amendment No. 2 to a contract with Goody Clancy and Associates Inc., of Boston, Massachusetts in the amount of $72,835 for a total re -stated fee not to exceed $1,409,641 for Strategic Planning Services. Attachments: Agenda Memo - Strategic Planning Services Amendment 2 Ordinance - Strategic Planning Services Amendment 1 - Strategic Planning Services Amendment 2 and Exhibit A - Strategic Planning Services 16. 15-0433 Second Reading Ordinance - Appropriating funds for Airport terminal maintenance (1st Reading 5/26/15) Ordinance appropriating $183,000 from the unreserved fund balance in the No. 4610 Airport Fund for a major terminal maintenance and improvement project at the Corpus Christi International Airport; and amending the FY2014-2015 Operating Budget adopted by Ordinance No. 030294 to increase expenditures by $183,000. Attachments: Agenda Memo - Maintenance Project Appropriation Ordinance - Maintenance Project Appropriation vFinal 20150504 M. PUBLIC HEARINGS: (ITEMS 17 - 18) 17. 15-0532 Public Hearing and First Reading Ordinance - Rezoning property located at 5929 Wooldridge Road (Requires 3/4 vote) Case No. 0515-01 The Mosta ihasi Investment Trust: A change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from low density residential to medium density residential uses. The property is Corpus Christi Page 6 Printed on 6/8/2015 City Council Meeting Agenda - Final June 9, 2015 described as being 7.782 acres out of Lots 21 and 22, Section 12, Flour Bluff and Encinal Farm and Garden Tracts, located along the south side of Durant Drive between Dewberry Drive and Dogtooth Court. Planning Commission and Staff Recommendation (May 6, 2015): Denial of the change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by The Mostaghasi Investment Trust ("Owner"), by changing the UDC Zoning Map in reference to 7.782 acres out of Lots 21 and 22, Section 12, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - The Mostaghasi Investment Trust Ordinance - The Mostaghasi Investment Trust Location Map - The Mostaghasi Investment Trust (3) Zoning Report - Mostaghasi Investment Trust -Report for CC 18. 15-0492 Public Hearing and First Reading Ordinance - Rezoning property located at 7321 South Staples Street (FM 2444)(Tabled on 5/26/15) Case No. 0315-01 Doxa Enterprises, LP: A change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District, not resulting in a change to the Future Land Use Plan. The property to be rezoned is described as 0.826 acres out of Lots 7 and 8, Section 6, Flour Bluff and Encinal Farm and Garden Tract, located west of South Staples Street (FM 2444) and south of Henderson Street. Staff Recommendation: Approval of the rezoning to the "CG -2" General Commercial District (Requires 3/4 vote for approval). Planning Commission Recommendation (March 25, 2015): Denial of the "CG -2" General Commercial District and, in lieu thereof, approval of the "CN -1" Neighborhood Commercial District Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Doxa Enterprises, LP ("Owner"), by changing the UDC Zoning Map in reference to 0.826 Acres out of Lots 7 and 8, Section 6, Flour Bluff and Encinal Farm and Garden Tract, from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Corpus Christi Page 7 Printed on 6/8/2015 City Council Meeting Agenda - Final June 9, 2015 Attachments: Agenda Memo - Doxa Enterprises, LP Ordinance - CN -1 - Doxa Enterprises, LP Ordinance Doxa CG -2 (Requires 3/4 vote for Approval) Zoning Report - Doxa Enterprises LP Aerial Map - Doxa Enterprises LP N. REGULAR AGENDA: (ITEMS 19 - 20) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 19. 15-0523 Second Reading Ordinance - Annexing land located at the intersection of Leopard Street and Clarkwood Road (1st Reading 5/26/15) Ordinance annexing 70.25 acres of land owned by the SKB Acquisition LLC, formerly known as the Sam Kane Beef Processors, located at the intersection of Leopard Street and Clarkwood Road; providing that the owners and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter, ordinances, resolutions, and rules; providing for amendment of the official maps of the City of Corpus Christi; providing for severance; providing an effective date; and providing for publication. Attachments: Agenda Memo - SKB Acquisition LLC Ordinance - SKB Acquisition LLC Corrected Petition SKB Acquisition LLC - Sam Kane Signed Petition for Annexa Signed Petition for Annexation - SKB Acquisition LLC - Sam Kane 20. 15-0436 Second Reading Ordinance - Construction contract and appropriating funds for Hike and Bike Trail Development - Schanen Ditch Project (BOND 2012)(1st Reading 5/26/15) Ordinance appropriating $721,182 of anticipated revenues from the Texas Department of Transportation in Fund No. 3280 for the Hike and Bike Trail Development - Schanen Ditch project (BOND 2012); changing the FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 to increase revenues and expenditures by $721,182; and authorizing the City Manager, or designee, to execute a construction contract with LNV, Inc. of Corpus Christi, Texas in the amount of $1,194,858.16 for the Hike and Bike Trail Development - Schanen Ditch project (BOND 2012) for the Base Bid. Corpus Christi Page 8 Printed on 6/8/2015 City Council Meeting Agenda - Final June 9, 2015 Attachments: Agenda Memo - Schanen Hike and Bike Trail Ordinance amending CIP for TxDOT funds.pdf Prosect Budget - Schanen Hike and Bike Trail.pdf Location Map - Hike and Bike Trail Development (Yorktown Blvd to Saratoga BI Presentation - Schanen Hike and Bike Trail.pdf Trail Photo 1 Trail Photo 2 Trail Photo 3 O. FIRST READING ORDINANCES: (ITEMS 21 - 25) 21. 15-0562 First Reading Ordinance - Engineering Construction Contract for Waldron Road from Caribbean to Glenoak (BOND 2014) Ordinance amending the FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 by transferring $1,495,352 to the Waldron Road from Caribbean Drive to Glenoak Drive Project and increasing expenditures in the amount of $1,495,352; rejecting the low bid of Salinas Construction Technologies Ltd. of Pleasanton, Texas, in the interest of the public; determining the lowest responsible bidder to be the second lowest bidder, Berry Contracting LP dba Bay Ltd. of Corpus Christi, Texas; making findings of fact; and authorizing the City Manager, or designee, to execute a construction contract with Berry Contracting, LP dba Bay Ltd. of Corpus Christi, Texas in the amount of $2,580,631.90 for the Waldron Road from Caribbean Drive to Gelnoak Drive Project (BOND 2014). Attachments: Agenda Memo - Waldron Road Final Ordinance - Waldron Road Prosect Budget - Waldron Locatio Map - Waldron Road Presentation - Waldron Road 22. 15-0214 First Reading Ordinance - Amending City Code to add Chapter 41 titled "Public Works" related to contractor debarment, suspension, and ineligibility (Tabled on 5/12/15) Ordinance amending the Code of Ordinances by adding Chapter 41 titled "Public Works"; adding provisions related to contractor debarment, suspension and ineligibility; adding provisions related to the effective administration of the procurement of public works contracts; providing for severance; and providing for an effective date. Corpus Christi Page 9 Printed on 6/8/2015 City Council Meeting Agenda - Final June 9, 2015 Attachments: Agenda Memo - Revised v2 6-3-15 at 7pm Debarment Ordinance Revised Ordinance - amending Code to add CH 41 Public Works, including Artic Debarment Flowchart - FINAL Debarment Procedure - Debarment Ordinance 6-4-15 Revised - Debarment FAQs 6-4-15 23. 15-0528 First Reading Ordinance - Approving agreement and appropriating funds to reimburse developer for construction of a wastewater collection line located south along Slough Road, east of Rodd Field Road and south of Amethyst Drive Ordinance authorizing execution of a wastewater collection line extension construction and reimbursement agreement ("Agreement") with Grangefield Development, LLC. ("Developer"), for the construction of a wastewater collection line and appropriating $153,270.00 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer in accordance with the Agreement. Attachments: Agenda Memo - Grange Park Unit 1 Ordinance - Grange Park Unit1 Aerial Map - Grange Park Unit 1 24. 15-0529 First Reading Ordinance - Approving agreement and appropriating funds to reimburse developer for the construction of water arterial transmission and grid main line, located south along Slough Road, east of Rodd Field Road and south of Amethyst Drive. Ordinance authorizing city manager or designee to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with Grangefield Development, LLC ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $16,574.50 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. Attachments: Agenda Memo - Grange Park Unit 1 Water Ordinance - Grange Park Unit 1 Water Location Map - Grange Park Unit 1 Water 25. 15-0522 First Reading Ordinance - Amending City Code regarding Island Strategic Action Committee Election of Officers Ordinance Amending City Code of Ordinances Regarding Island Strategic Action Committee Election of Officers Attachments: Agenda Memo - ISAC Ordinance Amendment Redline Ordinance - Amending ISAC Ordinance Corpus Christi Page 10 Printed on 6/8/2015 City Council Meeting Agenda - Final June 9, 2015 P. FUTURE AGENDA ITEMS: (ITEMS 26 - 39) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 26. 15-0434 Purchase of Taser Equipment for the Police Department Motion approving the purchase of forty (40) Taser non -lethal weapons with ancillary equipment for the Corpus Christi Police Department in the amount of $60,736.40 from TASER International, Inc., Scottsdale, Arizona based on sole source. Funds have been budgeted by the Police Department in FY 2014-2015. Attachments: Agenda Memo - Taser Price Sheet - Tasers 27. 15-0316 Purchase of Breathing Apparatus for the Fire Department Motion approving the purchase of twenty (20) Breathing Apparatus for the Corpus Christi Fire Department in the amount of $103,836.00 from Municipal Emergency Services, Inc., Houston, TX. The award is based on the cooperative purchasing agreement with the Houston -Galveston Area Council of Governments (HGAC). Funds are available through the General Fund. Attachments: Agenda Memo - Breathing Apparatus Price Sheet - Breathing Apparatus 28. 15-0542 Purchase of actuators for raw water valves at the 0. N. Stevens Water Filtration Plant Motion approving the purchase of four actuators from Rexa, Inc., of West Bridgewater, Massachusetts based on sole source for a total amount of $142,400.00. Funds have been budgeted by the Utilities Department in FY 2014-2015. Attachments: Agenda Memo - Actuators.pdf Price Sheet - Actuators.pdf 29. 15-0463 Supply Agreement for Firefighting Clothing Motion approving a supply agreement with Casco Industries Inc., Houston, Texas for firefighting clothing consisting of ninety sets of pants and coats, based on only bid, in accordance with Bid Event No. 6 for an estimated annual expenditure of $159,915.60 of which $53,305.20 is required for the remainder of FY2014 - 2015. The term of the agreement will be for twelve (12) months with an option 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 Fire Department in FY 2014-2015. Corpus Christi Page 11 Printed on 6/8/2015 City Council Meeting Agenda - Final June 9, 2015 Attachments: Agenda Memo - Firefighter Clothing Bid Tabulation - Firefighting Clothing 30. 15-0497 Supply Agreement for Cold Laid Asphalt & Pre -coated Aggregate Motion approving a supply agreement with Vulcan Construction Materials, San Antonio, Texas, for approximately 8,000 tons of cold mix -cold laid asphalt and approximately 2,000 tons of pre -coated aggregate, in accordance with Bid Event No. 16 based on only bid for an estimated annual expenditure of $695,900 of which $231,966.66 is required for FY 2014 - 2015. The term of the contract will be for twelve (12) months with an option to extend for up to two (2) additional twelve month periods subject to the approval of the supplier and the City Manager or his designee. Funds are available in the Material Inventory Fund by the Street Operations Department in FY 2014 - 2015. Attachments: Agenda Memo - Cold Mix Asphalt Bid Tabulation - Cold Mix Asphalt 31. 15-0525 Supply Agreement for Hot Mix Asphalt Motion approving supply agreements with the following suppliers for the following amounts for hot mix asphalt, based on lowest responsible bid, awarding primary and secondary agreements, in accordance with Bid Event No. 5 for an estimated semi-annual expenditure of $989,085 of which $659,390 is required for FY 2014-2015. The term of the agreements shall be for six months with options to extend for up to five additional six month periods, subject to the approval of the suppliers and the City Manager or designee. Funds have been budgeted by Street Services in FY 2014-2015. HAC MATERIALS, LTD. Corpus Christi, Texas $936,937.50 Primary Supplier Bay, LTD. Corpus Christi, Texas $52,147.50 Secondary Supplier Grand Total: $989,085.00 Attachments: Agenda Memo - Hot Mix Asphalt Bid Tabulation - Hot Mix Asphalt 32. 15-0527 Supply Agreement for Crushed Limestone Motion approving a Supply Agreement with Vulcan Construction Materials, San Antonio, Texas, for approximately 16,000 tons of crushed limestone in accordance with Bid Event No. 15 based on low responsible bid, for an estimated annual expenditure of $348,000 of which $100,000 is required for FY 2014 - 2015.The term of the contract will be for twelve months with an option to extend for up to two additional Corpus Christi Page 12 Printed on 6/8/2015 City Council Meeting Agenda - Final June 9, 2015 twelve month periods subject to the approval of the supplier and the City Manager or his designee. Funds are available in the Material Inventory Fund by the Street Operations Department in FY 2014 - 2015. Attachments: Agenda Memo - Supply Agreement for Crushed Limestone Bid Tabulation - Supply Agreement for Crushed Limestone 33. 15-0506 Service Agreements for Custodial Services Motion approving service agreements for custodial services for Aviation and City Hall with the following companies for the following amounts in accordance with Bid Event No. 29, based on lowest responsible bid for an estimated annual expenditure of $251,039.04, of which $83,679.68 is required for the remainder of FY 2014-2015. 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 Aviation and Facilities & Property Management Departments in FY 2014-2015. ABM Janitorial Services Corpus Christi, TX Aviation $141,119.04 Grand Total $251,039.04 ISS Facility Services, Inc. Corpus Christi, TX City Hall $109,920.00 Attachments: Agenda Memo - Custodial Services Bid Tabulation - Custodial Services.pdf Service Agreement - Custodial Services - 1 ABM Aviation Service Agreement - Custodial Services ISS Facility Services Inc. -City Hall 34. 15-0565 Submission of grant application for Body -worn Camera Pilot Implementation Program for the Police Department Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $125,000 to the U.S. Department of Justice for funding eligible under the FY 2015 Body -Worn Camera Pilot Implementation Program with City in-kind match of $50,000 and cash match of $75,000 from the Law Enforcement Trust Fund for a total project cost of $250,000. Attachments: Agenda Memo - Body Cams Application for DOJ Grant 06.09.2015 Resolution - Body Cams Application for DOJ Grant 2015 35. 15-0599 Third Party Administrator, Stop Loss Insurance and Self -Insured Employee Health Benefits Corpus Christi Page 13 Printed on 6/8/2015 City Council Meeting Agenda - Final June 9, 2015 Resolution authorizing the City Manager or designee to negotiate and execute a contract with UnitedHealthcare, Houston, Texas, for the provision of third -party administration of the City of Corpus Christi's self-funded employee health and dental plans, for providing and administering a provider network, and for the provision of stop -loss insurance coverage in accordance with Request for Proposal Event Number 41; and authorizing the City Manager or his designee to negotiate and execute a contract with Express Scripts, Inc., Saint Louis, Missouri for the provision of the pharmacy benefit management portion of the City of Corpus Christi's self-funded employee health plan in accordance with Request for Proposal Event Number 41. Attachments: Agenda Memo - TPA Stop Loss Insurance.docx Resolution - TPA Stop Loss Presentation Matrix (2).pptx 36. 15-0483 Amendment No. 1 to the Professional Services Contract to provide consultant services for technical assistance with projects and management Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Professional Services contract between the City of Corpus Christi and LNV, Inc. in the amount of $215,000, for a total restated fee not to exceed $265,000, for staff augmentation to the Utility and Public Works Departments, including professional engineering services for projects management, programs management, and land development technical issues. Attachments: Agenda Memo - Utilities Dept Staff Augmentation.pdf Project Budget - Utilities Dept Staff Augmentation.pdf Amendment No. 1 - Utilities Dept Staff Augmentation.pdf Presentation - Utilities Dept Staff Augmentation.pdf 37. 15-0503 Interlocal Agreement for the Regional Parkway Planning and Environmental Linkages (PEL) Feasibility Study project Resolution authorizing the City Manager, or designee, to execute all documents necessary to approve an Interlocal Agreement with the Metropolitan Planning Organization (MPO) regarding the participation in the local funding shares required for the planning project known as the Regional Parkway Planning and Environmental Linkages (PEL) Study ("PROJECT"). Corpus Christi Page 14 Printed on 6/8/2015 City Council Meeting Agenda - Final June 9, 2015 Attachments: Agenda Memo - MPO Regional Parkway Prosect Budget - MPO Regional Parkway Interlocal - Regional Parkway Study Interlocal MPO -revisions delivered Resolution - MPO Regional Parkway Presentation - MPO Regional Pkway Study 38. 15-0484 Design - Build Agreement for Ayers Street CNG Station Motion authorizing the City Manager, or designee, to execute a Design - Build Agreement with Zeit Energy, LLC. of Dallas, Texas in the amount of $1,597,271.39 for the Ayers Street CNG Station Project for the Base Bid plus Contractor Proposed Pricing Options 1, 2 and 3 Attachments: Agenda Memo - Ayers Street CNG Prosect Budget - Ayers Street CNG.pdf Location Map - Ayers Street CNG Station.pdf Presentation - Ayers Street CNG Station 39. 15-0498 Resolution amending City Council Policy No. 9 Resolution amending City Council Policy No. 9, entitled Community Development Block Grant and HOME Programs by revising the language in section f.; and reaffirming the objectives and guidelines of the policy. Attachments: Agenda Memo - City Council Policy No. 9 Resolution Amendment Resolution - amending Council Policy No 9 Q. BRIEFINGS: (40 - 45) Briefing information will be provided to the City Council during the Council meeting. Briefings are for Council information only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. 40. 15-0526 Water Rates - Discussion #1 Attachments: Agenda Memo - Water Rates - Discussion #1 Presentation - Water Rates - Discussion #1 41. 15-0531 Job Order Contracts Construction Program Attachments: Agenda Memo - JOC Informal Staff Report - JOC Presentation - JOC 2014 JOC PROJECTS 2015 JOC PROJECTS Feb 2015 Agenda Memo Job Order Contracting 42. 15-0518 Consolidated Annual Action Plan FY2015 Corpus Christi Page 15 Printed on 6/8/2015 City Council Meeting Agenda - Final June 9, 2015 Attachments: Agenda Memo - HCD CAAP FY2015 Presentation Informal Staff Report - FY2015 CAAP Presentation - Housing and Community Development City Council CDBG Attachment D FY2015 ESG Attachment D FY2015 HOME Attachment D FY2015 43. 15-0541 Development Services Update Attachments: Agenda Memo - DS Update Presentation Informal Staff Report - Development Services Brief Memo 29May15 Presentation - Development Services Brief 29May15 44. 15-0517 Quarterly Report on Code Enforcement Activities Attachments: Agenda Memo - Code Enforcement Briefing 06.09.15 Informal Staff Report - Code Enforcement Quarterly Briefing Presentation - Code Enforcement Activities 05.27.15 45. 15-0476 Park Maintenance Attachments: Agenda Memo Presentation - Park Maintenance 052615 Park Maintenance Presentation May 2015 final Levels of Care R. LEGISLATIVE UPDATE: This item is 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. S. ADJOURNMENT Corpus Christi Page 16 Printed on 6/8/2015 Corpus Christi Meeting Minutes City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, May 26, 2015 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. City Secretary Rebecca Huerta announced that Mayor Nelda Martinez and Mayor Pro Tem Colleen Mclntrye would be absent from today's meeting and stated that the City Council will need to designate the Mayor Pro Tem. Council Member Magill made a motion designating Council Member Garza as Mayor Pro Tem, seconded by Council Member Vaughn and passed unanimously. Mayor Pro Tem Garza called the meeting to order. B. Invocation to be given by Mr. Chuck Goodwin, Fish for Life Ministries. Mr. Chuck Goodwin, Founder of the non-profit organization "Fish for Life", gave the invocation. Mayor Pro Tem Garza said that Council Member Rubio had a loss in the family related to the recent floods and asked that they be remembered in our prayers along with the McComb, Carey, and Charba families. C. Pledge of Allegiance to the Flag of the United States to be led by Annette Rodriguez, Director of Public Health. Director of Public Health Annette Rodrigez 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 verified that a quorum of the Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Ron Olson, City Attorney Miles K. Risley, and City Secretary Rebecca Huerta. Present: 6 - Council Member Rudy Garza,Council Member Chad Magill,Council Member Lillian Riojas,Council Member Brian Rosas,Council Member Mark Scott, and Council Member Carolyn Vaughn Absent: 3 - Mayor Nelda Martinez,Council Member Colleen McIntyre, and Council Member Lucy Rubio E. Proclamations / Commendations Corpus Christi Page 1 Printed on 6/4/2015 City Council Meeting Minutes May 26, 2015 1. Proclamation declaring May 30, 2015, "Nueces County I Believe in Me Foundation Day" Mayor Pro Tem Garza presented the proclamation. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. OTHER Mayor Pro Tem Garza referred to City Manager's Comments. City Manager Olson reported on the following topics: 1) The Emergency Operations Center has been activated five (5) times in the month of May due to bad weather. City Manager Olson thanked Fire Chief Robert Rocha, the Emergency Operations Center, and all first responders for their work. City Manager Olson said the recent events demonstrate the City's preparedness to respond to hurricane emergencies and other disaster events. 2) City Manager Olson provided an update on Lake Corpus Christi and water releases. City Manager Olson explained that the water releases are necessary to create capacity and attempt to manage flooding and prevent loss of property and damages. H. CITY SECRETARY'S REPORT Mayor Pro Tem Garza referred to the City Secretary's Report. City Secretary Huerta reported on the following topics: a. Public Comment Sign -Up City Secretary Huerta explained that during the public comment portion of the City Council meetings, speakers verbally state their names and address. Because there is no written record, it is difficult to ensure accuracy in recording speaker's names in the minutes. City Secretary Huerta said the solution will be the implementation of a sign-up sheet, beginning at the June 9, 2015 Council meeting, which will allow citizens to print their name, address, and topic prior to the meeting. b. Board and Commission Webpage City Secretary Huerta stated that the City Secretary's Office implemented a new board and commission management software in mid-April and created a new domain name for board and commission information - serve.cctexas.com. City Secretary Huerta provided a demonstration of the web page and information on the benefits to the public, City Council, City Secretary staff and board liaisons in the departments. PUBLIC HEARINGS: (ITEM 11) 11. Public Hearing and First Reading Ordinance - Rezoning property located at 7321 South Staples Street (FM 2444) Corpus Christi Page 2 Printed on 6/4/2015 City Council Meeting Minutes May 26, 2015 Case No. 0315-01 Doxa Enterprises, LP: A change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District, not resulting in a change to the Future Land Use Plan. The property to be rezoned is described as 0.826 acres out of Lots 7 and 8, Section 6, Flour Bluff and Encinal Farm and Garden Tract, located west of South Staples Street (FM 2444) and south of Henderson Street. Staff Recommendation: Approval of the rezoning to the "CG -2" General Commercial District (Requires 3/4 vote for approval). Planning Commission Recommendation (March 25, 2015): Denial of the "CG -2" General Commercial District and, in lieu thereof, approval of the "CN -1" Neighborhood Commercial District Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Doxa Enterprises, LP ("Owner"), by changing the UDC Zoning Map in reference to 0.826 Acres out of Lots 7 and 8, Section 6, Flour Bluff and Encinal Farm and Garden Tract, from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Pro Tem Garza deviated from the agenda and referred to Item 11. Mayor Pro Tem Garza requested that this item be tabled. Council Member Magill made a motion to table Item 11 until June 9, 2015, seconded by Council Member Scott and passed unanimously. R. BRIEFINGS: (ITEM 25) 25. Job Order Contracts Discussion Mayor Pro Tem Garza deviated from the agenda and referred to Item 25. Mayor Pro Tem Garza requested that this item be tabled. Council Member Magill made a motion to table Item 25 until June 9, 2015, seconded by Council Member Vaughn and passed unanimously. J. MINUTES: 3. Regular Meeting of May 19, 2015 Mayor Pro Tem Garza referred to approval of the minutes. Council Member Magill made a motion to approve the minutes, seconded by Council Member Scott and passed unanimously. K. BOARD & COMMITTEE APPOINTMENTS: (NONE) L. EXPLANATION OF COUNCIL ACTION: Corpus Christi Page 3 Printed on 6/4/2015 City Council Meeting Minutes May 26, 2015 M. CONSENT AGENDA: (ITEMS 4 - 9) Approval of the Consent Agenda Mayor Pro Tem Rudy Garza referred to the Consent Agenda. There were no comments from the Council or the public. Council Member Magill made a motion to approve the consent agenda, seconded by Council Member Scott. The consent agenda items were approved by one vote as follows: Aye: 6 - Council Member Garza, Council Member Magill, Council Member Riojas, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 3 - Mayor Martinez, Council Member McIntyre and Council Member Rubio Abstained: 0 4. Service Agreement for Utility Worksite Restoration Motion approving a service agreement with Dorame General Repair and Lawn, LLC, Corpus Christi, Texas for Utility Worksite Restoration Services in accordance with Bid Event No. 13, based on lowest responsible bid for an estimated annual expenditure of $364,225.00, of which $182,112.50 is required for the remainder of FY 2014-2015. 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 Utilities Department in FY 2014-2015. This Motion was passed on the Consent Agenda. Enactment No: M2015-051 5. Interlocal Agreement for workers' compensation panel Resolution authorizing the City Manager or designee to execute an Interlocal Agreement to participate in My Texas Direct with other Texas local governments to provide for a physician panel for workers' compensation medical benefits as authorized by Chapter 504 of the Texas Labor Code, and provide for expenditures pursuant to said agreement in an amount of $11.50 per medical bill, estimated to be $39,433 per year This Resolution was passed on the Consent Agenda. Enactment No: 030509 6. Purchase of Chlorine Gas Monitoring and Detection System Corpus Christi Page 4 Printed on 6/4/2015 City Council Meeting Minutes May 26, 2015 Motion approving the purchase of one (1) chlorine gas monitoring and detection system from Ranger Analytics, Inc., Stafford, Texas in accordance with Bid Event No. 36, based on only bid for an expenditure of $51,550.00. Funds have been budgeted by the Utilities Department in FY 2014-2015. This Motion was passed on the Consent Agenda. Enactment No: M2015-052 7. Second Reading Ordinance - Rezoning property located at 520 Naval Air Station Drive (1st Reading 5/19/15) Case No. 0415-08 Corpus Bayside Investments, LLC: A change of zoning from the "CG -1" General Commercial District to the "IL" Light Industrial District, resulting in a change to the Future Land Use Plan. The property to be rezoned is described as Lot 15, Block 2, Flour Bluff Estates #2, located at the northwest corner of Scotland Drive and Naval Air Station Drive. Planning Commission and Staff Recommendation (April 22, 2014): Denial of the change of zoning from the "CG -1" General Commercial District to the "IL" Light Industrial District and, in lieu thereof, approval of the "CG-1/SP" General Commercial District with a Special Permit for a microbrewery subject to a site plan and five conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Corpus Bayside Investments, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 15, Block 2, Flour Bluff Estates #2, from the "CG -1" General Commercial District to the "CG-1/SP" General Commercial District with a Special Permit for a microbrewery; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030510 8. Second Reading Ordinance - Rezoning property located at 718 South Navigation Boulevard (1st Reading 5/19/15) Case No. 0415-06 GMG Partners, LP: A change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit for Resource Extraction, not resulting in a change to the Future Land Use Plan. The Special Permit is requested to allow the extraction of sand and gravel. The property to be rezoned is described as 34.12 acres out of Lot 1, Block 10, J.C. Russell Farm Blocks, located on the east side of South Navigation Boulevard and Corpus Christi Page 5 Printed on 6/4/2015 City Council Meeting Minutes May 26, 2015 north of Bates Drive. Planning Commission and Staff Recommendation (April 22, 2014): Approval of the "IL/SP" Light Industrial District with a Special Permit for Resource Extraction, subject to compliance with the site plan and six conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by GMG Partners, LP ("Owner"), by changing the UDC Zoning Map in reference to 34.12 acres out of Lot 1, Block 10, J.C. Russell Farm Blocks, from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit for Resource Extraction; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030511 9. Second Reading Ordinance - Appropriating Funds for the Regional Health Awareness Board (1st Reading 5/19/15) Ordinance appropriating payments from Nueces County, in the amount of $31,000, and from the City of Corpus Christi, in the amount of $31,000.00, and San Patricio County, in the amount of $21,000.00 in the No. 1066 Health Grants Fund, as the fiduciary agent on behalf of the Regional Health Awareness Board, for services to be provided by the Board. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030512 N. PUBLIC HEARINGS: (ITEM 10) 10. Public Hearing and First Reading Ordinance - Annexing land located at the intersection of Leopard Street and Clarkwood Road Ordinance annexing 70.25 acres of land owned by the SKB Acquisition LLC, formerly known as the Sam Kane Beef Processors, located at the intersection of Leopard Street and Clarkwood Road; providing that the owners and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter, ordinances, resolutions, and rules; providing for amendment of the official maps of the City of Corpus Christi; providing for severance; providing an effective date; and providing for publication. Mayor Pro Tem Garza referred to Item 10. Director of Development Services Corpus Christi Page 6 Printed on 6/4/2015 City Council Meeting Minutes May 26, 2015 Dan Grimsbo stated that the purpose of this item is to annex 70.25 acres of land owned by SKB Acquisition LLC, formerly know as Sam Kane Beef Processors, located at the intersection of Leopard Street and Clarkwood Road. Mr. Grimsbo provided a brief history of the previous request from the company to disannex the property to allow the company to qualify for a government grant for industrial facilities not located inside a municipality. In April 2015, SKB Acquisition LLC requested that the City annex the property which would allow for police and fire protection and other city services. The annexation will also allow the City to levee city taxes on the annexed property. Mayor Pro Tem Garza opened the public hearing. There were no comments from the Council or the public. Mayor Pro Tem Garza closed the public hearing. Council Member Scott made a motion to approve the ordinance, seconded by Council Member Magill. This Ordinance was passed on first reading and approved with the following vote: Aye: 6 - Council Member Garza, Council Member Magill, Council Member Riojas, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 3 - Mayor Martinez, Council Member McIntyre and Council Member Rubio Abstained: 0 O. REGULAR AGENDA: (ITEM 12) ONE READING ACTION ITEM 12. One Reading Ordinance - Accepting and Appropriating additional grant funds for collaborative enforcement efforts Ordinance authorizing the City Manager or designee to execute all documents necessary to accept additional grant funds in the amount of $104,108.13 from Nueces County for funding eligible under the FY 2013 Department of Homeland Security Grant Program Operation Stonegarden to reimburse overtime, fringe benefits, and equipment expenditures for the Police Department's collaborative enforcement efforts with Nueces County along routes of ingress and egress to include (but not limited to) U. S. Highway 77 and State Highway 44; appropriating the $104,108.13 in the No. 1061 Police Grants Fund;and declaring an emergency. Mayor Pro Tem Garza referred to Item 12. Interim Police Chief Mike Markle stated that the purpose of this item is to accept and appropriate additional grant funds in the amount of $104,108.13 to support the Operation Stonegarden Grant Program to reimburse overtime and equipment expenditures. There were no comments from the Council or the public. Council Member Riojas made a motion to approve the ordinance, seconded by Council Member Magill. This Ordinance was passed and approved on emergency with the following vote: Aye: 6 - Council Member Garza, Council Member Magill, Council Member Riojas, Council Member Rosas, Council Member Scott and Council Member Vaughn Corpus Christi Page 7 Printed on 6/4/2015 City Council Meeting Minutes May 26, 2015 Absent: 3 - Mayor Martinez, Council Member McIntyre and Council Member Rubio Abstained: 0 Enactment No: 030513 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 Pro Tem Garza called for comments from the public. Abel Alonzo, representing Nueces County "I Believe in Me" Foundation, said the Board of the Foundation voted to donate $1,000 to Special Olympics based on an article that stated that Chief Floyd Simpson's family requested that in lieu of flowers, donations be made to the Special Olympics Program. Mr. Alonzo said this motivated him to request donations from his friends and he acknowledged all of the people who provided a donation in the amount of $100 to the Special Olympics Program. John Sloan, representing the North Beach Community Association, encouraged citizens to come to North Beach and participate in the 3rd Annual Beachwalk which provides awareness for diabetes. Mr. Sloan also requested consideration during the budget process to allow North Beach to retain hotel occupancy tax. Carrie Robertson Meyer spoke on the following topics: improving the software to view Council meetings and make meetings accessible on smart phones; information on the 3rd Annual Beachwalk; and the erosion on North Beach. Colin Sykes spoke in support of the Hike and Bike Trail and encouraged the ability for more bicycle access. Terry Sweeney, Downtown Management District, spoke in support of the Property Maintenance Code. Carolyn Burger requested an explanation on why alarm permits and renewals cannot be paid at City Hall. P. FIRST READING ORDINANCES: (ITEMS 13 - 17) 13. First Reading Ordinance - Appropriating funds for Women, Infants and Children (WIC) grant amendment Ordinance authorizing the City Manager, or his designee, to execute all documents necessary to accept and appropriate additional funding in the amount of $88,902.00 to the current contract amount of $963,369.00 for a total grant in the amount of $1,052,271.00 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 the grant to begin as of January 1, 2015. Mayor Pro Tem Garza referred to item 13. Director of Public Health Annette Rodriguez stated that the purpose of this item is to accept and appropriate additional grant funding for the Women, Infants, and Children (WIC) program in the amount of $88,902. There were no comments from the Council or the public. Council Member Scott made a motion to approve the ordinance, Corpus Christi Page 8 Printed on 6/4/2015 City Council Meeting Minutes May 26, 2015 14. seconded by Council Member Riojas. This Ordinance was passed on first reading and approved with the following vote: Aye: 6 - Council Member Garza, Council Member Magill, Council Member Riojas, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 3 - Mayor Martinez, Council Member McIntyre and Council Member Rubio Abstained: 0 First Reading Ordinance - Construction contract and appropriating funds for Hike and Bike Trail Development - Schanen Ditch Project (BOND 2012) Ordinance appropriating $721,182 of anticipated revenues from the Texas Department of Transportation in Fund No. 3280 for the Hike and Bike Trail Development - Schanen Ditch project (BOND 2012); changing the FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 to increase revenues and expenditures by $721,182; and authorizing the City Manager, or designee, to execute a construction contract with LNV, Inc. of Corpus Christi, Texas in the amount of $1,194,858.16 for the Hike and Bike Trail Development - Schanen Ditch project (BOND 2012) for the Base Bid. Mayor Pro Tem Garza referred to Item 14. Executive Director of Public Works Valerie Gray stated that the purpose of this project is to execute a construction contract with LNV, Inc. for the Hike and Bike Trail Development - Schanen Ditch project Yorktown Boulevard to Saratoga Boulevard. The project is partially funded by the Texas Department of Transportation (TxDOT). The trail surface will be mostly concrete from Yorktown to Cedar Pass and crushed granite from Cedar Pass to Saratoga. There were no comments from the public. Council members spoke regarding the following topics: the total cost of the project; the average cost to build one (1) mile of road; whether the crushed granite that will be used is similar to that on the Oso Bay Wetland Trail; if bicycles will be allowed; an overview of what citizens should expect from this project; and concerns with maintenance. Council Member Scott made a motion to approve the ordinance, seconded by Council Member Magill. This Ordinance was passed on first reading and approved with the following vote: Aye: 6 - Council Member Garza, Council Member Magill, Council Member Riojas, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 3 - Mayor Martinez, Council Member McIntyre and Council Member Rubio Abstained: 0 15. First Reading Ordinance - Closing a utility easement located north of South Padre Island Drive and east of Admiral Drive Ordinance abandoning and vacating a 1,450 -square foot portion of an existing 10 -foot wide utility easement out of a part of Lot 8, and Lots 15-17, Block J, Flour Bluff Estates, located north of the South Padre Corpus Christi Page 9 Printed on 6/4/2015 City Council Meeting Minutes May 26, 2015 Island Drive (SH 358) state right-of-way, and east of the Admiral Drive public street right-of-way;and requiring the owner, Blue Sand Development, LLC., to comply with the specified conditions. Mayor Pro Tem Garza referred to Item 15. Director of Development Services Dan Grimsbo stated that the purpose of this item is to abandon and vacate a 1,450 -square foot portion of an existing utility easement, located north of South Padre Island Drive and east of Admiral Drive, to allow for the future development of the property. There were no comments from the Council or the public. Council Member Riojas made a motion to approve the ordinance, seconded by Council Member Scott. This Ordinance was passed on first reading and approved with the following vote: Aye: 6 - Council Member Garza, Council Member Magill, Council Member Riojas, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 3 - Mayor Martinez, Council Member McIntyre and Council Member Rubio Abstained: 0 16. First Reading Ordinance - Appropriating Funds and Amending the Service Agreement for Strategic Planning Services Ordinance appropriating $53,997 from the unreserved fund balance in the No. 4610 Airport Fund for the Airport's share of Goody Clancy Amendment No. 2 for strategic planning services project at Corpus Christi International Airport; and amending the FY2014-2015 Operating Budget adopted by Ordinance No. 030294 to increase expenditures by $53,997; authorizing the City Manager, or designee, to execute Amendment No. 2 to a contract with Goody Clancy and Associates Inc., of Boston, Massachusetts in the amount of $72,835 for a total re -stated fee not to exceed $1,409,641 for Strategic Planning Services. Mayor Pro Tem Garza referred to Item 16. Director of Aviation Fred Segundo stated that the purpose of this item is to appropriate $53,997 from the unreserved Airport fund balance for the Airport's share of the Goody Clancy Amendment No. 2 and the execute Amendment No. 2 to the contract with Goody Clancy and Associates Inc., in the amount of $72,835 for Strategic Planning Services. Amendment No. 2 will allow Goody Clancy to develop documents to establish the Airport Zoning Commission, prepare draft zoning regulations to ensure compatible land use in and around Naval Air Station Corpus Christi's Truax Field, Cabaniss Field, Waldron Field and the Corpus Christi International Airport, and create overlay district regulations. City Secretary Huerta announced that Council Member Scott would be abstaining from the vote and discussion on this item. There were no comments from the Council or the public. Council Member Magill made a motion to approve the ordinance, seconded by Council Member Rosas. This Ordinance was passed on first reading and approved with the following vote: Aye: 5 - Council Member Garza, Council Member Magill, Council Member Riojas, Council Member Rosas and Council Member Vaughn Absent: 3 - Mayor Martinez, Council Member McIntyre and Council Member Rubio Corpus Christi Page 10 Printed on 6/4/2015 City Council Meeting Minutes May 26, 2015 Abstained: 1 - Council Member Scott 17. First Reading Ordinance - Appropriating funds for Airport terminal maintenance Ordinance appropriating $183,000 from the unreserved fund balance in the No. 4610 Airport Fund for a major terminal maintenance and improvement project at the Corpus Christi International Airport; and amending the FY2014-2015 Operating Budget adopted by Ordinance No. 030294 to increase expenditures by $183,000. Mayor Pro Tem Garza referred to Item 17. Director of Aviation Fred Segundo stated that the purpose of this item is to appropriate $183,000 from the Airport unreserved fund balance for a major terminal maintenance and improvement project at the Corpus Christi International Airport. Mr. Segundo provided a brief overview of the project's scope and said the project will help maintain the Airport's overall appearance, enhance security features inside the terminal, and reduce energy consumption. Council Member Magill spoke in support of the project. There were no comments from the public. Council Member Magill made a motion to approve the ordinance, seconded by Council Member Scott. This Ordinance was passed on first reading and approved with the following vote: Aye: 6 - Council Member Garza, Council Member Magill, Council Member Riojas, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 3 - Mayor Martinez, Council Member McIntyre and Council Member Rubio Abstained: 0 Q. FUTURE AGENDA ITEMS: (ITEMS 18 - 24) Mayor Pro Tem Garza referred to Future Agenda Items. City Manager Olson said that staff did not have any planned presentations. 18. Purchase of Ammunition for Police Department Motion approving the purchase of approximately 320,000 rounds of ammunition from Precision Delta Corporation, Rulerville, Mississippi in accordance with Bid Event No. 42 based on only bid for a one-time expenditure of $66,592. Funds are budgeted in the General Fund and the Crime Control Fund No 9010 in FY 2014-2015. This Motion was recommended to the consent agenda. 19. Lease -Purchase of Ambulances Motion approving the lease -purchase of two (2) ambulances from Knapp Chevrolet, Houston, Texas for a total amount of $322,440.88, of which $5,374.01 is required for the remainder of FY 2014-2015. The award is based on the cooperative purchasing agreement with the Corpus Christi Page 11 Printed on 6/4/2015 City Council Meeting Minutes May 26, 2015 Texas Local Government Purchasing Cooperative (TLGPC). Financing for the lease -purchase will be provided through the City's lease -purchase financing contractor. This Motion was recommended to the consent agenda. 20. Approving application submission for Beach Cleaning and Maintenance funding Resolution authorizing the City Manager or designee to execute all documents necessary to request continued financial assistance for beach cleaning and maintenance on North Padre Island and Mustang Island during FY 2015-2016 under the Texas General Land Office's Beach Cleaning and Maintenance Assistance Program This Resolution was recommended to the consent agenda. 21. Engineering Construction Contracts for ADA Improvements in Community Development Block Grant (CDBG) Areas Motion authorizing the City Manager, or designee, to execute a construction contract with Ti -Zack Concrete, Inc. of Le Center, Minnesota in the amount of $312,267.00 for ADA Improvements in CDBG (Community Development Block Grant) Areas FY 2013 for the total base bid Part A, and to execute a construction contract with A. Ortiz Construction & Paving, Inc. of Corpus Christi, Texas in the amount of $152,456.25 for Accessible Routes in CDBG Residential Areas Phase 3 for the total base bid Part B. This Motion was recommended to the consent agenda. 22. Engineering Construction Contract for Waterline and Gas Line Extension Motion authorizing the City Manager or designee to execute a construction contract with Clark Pipeline Services, in the amount of $2,381,598.50 for the Padre Island Water Line and Gas Line Extension. This Motion was recommended to the consent agenda. 23. Construction contract for programmed lifecycle replacement and extension of the City's water distribution system Motion authorizing the City Manager, or designee, to execute a construction contract with Clark Pipeline Services of Corpus Christi, Texas in the amount of $2,300,000 for the Programmed Waterline Service Life Extension for Citywide Distribution Repair and Replacement - Indefinite Delivery/Indefinite Quantity (ID/IQ) Procurement for the total base bid. Corpus Christi Page 12 Printed on 6/4/2015 City Council Meeting Minutes May 26, 2015 This Motion was recommended to the consent agenda. 24. Authorizing the City Manager to enter into Water Contracts for properties in Sun George Village Subdivision Resolution authorizing the City Manager or designee to enter into outside city limits water contracts with the property owners in the Sun George Village Subdivision to provide public water to their respective properties pursuant to Section 55-113, City Code of Ordinances This Resolution was recommended to the consent agenda. S. LEGISLATIVE UPDATE: Legislative Update None. I. EXECUTIVE SESSION: (ITEM 2) 2. T. ADJOURNMENT Mayor Pro Tem Garza deviated from the agenda and referred to the day's executive session. The Council went into executive session. Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining negotiations, the collective bargaining agreements between the City of Corpus Christi and the Corpus Christi Firefighters Association and/or Corpus Christi Police Officers' Association, with possible discussion, resolution(s), and other actions in open session concerning any matters related thereto. This E -Session Item was discussed in executive session. The Council returned from executive session and the meeting was adjourned at 1:26 p.m. Corpus Christi Page 13 Printed on 6/4/2015 Corpus Christi Meeting Minutes City Council Workshop Session 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, June 2, 2015 2:00 PM City Council Chambers Public Notice - - ITEMS ON THIS AGENDA ARE FOR COUNCIL'S INFORMATIONAL PURPOSES ONLY. NO ACTION WILL BE TAKEN AND NO PUBLIC COMMENT WILL BE SOLICITED. 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. City Manager Ron Olson gave the invocation. B. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and verified that a quorum of the Council and required Charter Officers were present to conduct the meeting. (Note: Council Member Riojas arrived at 2:08 p.m.) Charter Officers: City Manager Ron Olson, City Attorney Miles K. Risley, and City Secretary Rebecca Huerta. Senior Project Manager Annika Gunning led the Pledge of Allegiance. Present 8 - Mayor Nelda Martinez, Council Member Mark Scott, Council Member Carolyn Vaughn, Council Member Lillian Riojas, Council Member Brian Rosas, Council Member Lucy Rubio, Council Member Colleen McIntyre, and Council Member Rudy Garza Jr. Absent 1 - Council Member Chad Magill C. BRIEFINGS TO CITY COUNCIL: 1. Update on Draft Plan CC 2035 Comprehensive Plan Mayor Martinez referred to Item 1. City Manager Olson said that the City has been working for several months on updating the Comprehensive Plan and is currently receiving public comment on the first draft. City Manager Olson stated that the purpose of this workshop is to help clarify a number of questions and misunderstandings regarding the Plan CC Comprehensive Plan 2035. City Manager Olson introduced Executive Director of Utilities, Mark Van Corpus Christi Page 1 Printed on 6/4/2015 City Council Workshop Session Meeting Minutes June 2, 2015 Vleck, who will present a summary of the Comprehensive Plan, address questions and recommend go forward strategies. Mr. Van Vleck introduced the presentation team consisting of Business Liaison Alyssa Michelle Barrera and Annika Gunning, Senior Project Planner in Development Services. Mr. Van Vleck provided an overview of the agenda and the hierarchy of the plans. Mr. Van Vleck explained the layout of the current Plan CC draft document which included: individual elements, the goals and policies for each element, the challenges associated with the element, and what the community said; the strategies and actions to achieve the goals and implement the Comprehensive Plan; and the strategies identified to implement sooner rather than later. Mr. Van Vleck reported that several comments have been received regarding the action plans, with very few regarding the actual goals and policies. Mr. Van Vleck stated that staff is recommending to separate the Comprehensive Plan, which includes the goals and policies as required by City Charter, and then focus on the Strategic Implementation Plan, background information and studies. If Council supports staff's recommendation, the presentation will be an overview of only the goals and policies for each element of the Comprehensive Plan. Mr. Van Vleck said the public comment process on the current draft will continue through June 15th and an additional two weeks after staff has reproduced a reformatted Comprehensive Plan document. Council Member McIntyre made a motion directing the City Manager to separate the Plan CC Comprehensive Plan 2035 into a Comprehensive Plan with the goals and policies, a Strategic Implementation Plan and a background plan, seconded by Council Member Riojas and passed unanimously. The separated Comprehensive Plan will be put out for public comment for two weeks. Ms. Gunning began the presentation by review the public engagement process; the four key parts of the vision for 2035; the guiding principles; and an overview of the 8 element and goals. Staff was asked to provide the City Council with information on the Citizens Advisory Committee including membership, the number of meetings, minutes, how the group members were considered, and the attendance at each meeting. Ms. Gunning provided a review of the goals and policies on Elements 4 and 5. Element 4 - Natural Systems, Parks and Recreation, focuses on the protection and enhancement of natural assets and parks and the expansion of public access to green space. Discussion topics for Element 4 included: clarification on Oso Creek not being swimmable and concerns that the goals may conflict with protection and requirements that already in place from other entities. Element 5 - Resilience and Resource Efficiency, focuses on the issues of resilience and resource efficiency, particularly energy. Resilience is not only the ability to respond to and recover from hazard events, but also the ability to anticipate hazards and reduce overall vulnerability. Discussion topics for Element 5 included: adding rain events to the policy regarding the promotion of ecotourism as a way to encourage and fund preservation of the natural environment and wildlife habitat to Goal 3 and future discussion on renewable energy strategies and actions. Ms. Barrera provided an overview of the goals and policies regarding Elements 6 and 7. Element 6 - Housing and Neighborhoods, focuses on a diverse supply of quality housing choices, meeting the needs of households in all income Corpus Christi Page 2 Printed on 6/4/2015 City Council Workshop Session Meeting Minutes June 2, 2015 D. ADJOURNMENT levels; reduce chronic homelessness; ensure code compliance; move toward resource efficient housing; and sustainable neighborhoods. Discussion topics for Element 6 included: removing the policy to support implementation of a "housing first" policy on Goal 3 and having new public facilities be co -located wherever possible on Goal 7. Element 7 - Economic Diversity & Workforce, focuses on strategies to diversity Corpus Christi's economy and support well -paying jobs built on existing industries and new innovation. Discussion topics for Element 7 included: clarifying the policy on making school completion a high civic priority by adding high school and post secondary work on Goal 6; collaborating and aligning with stakeholders regarding Goal 6; concern with the City being involved in early childhood services and education; supporting the importance of advanced education and/or vocational training in the community and informing children of the economic opportunities that are available; changing the language on the policies for Goal 6 related to early childhood services and career exploration from "provide" to "promote partnerships and encourage"; and concerns with how early childhood services policies would be implemented and funded. Mr. Van Vleck covered the goals and policies regarding Elements 8 and 9. Element 8 - Transportation and Mobility, focuses on expanding and improving transportation infrastructure and systems including. Staff was asked to provide information about the Airport Master Plan. Element 9 - Infrastructure, Facilities and Services, focuses on long-term water supplies, water security, wastewater treatment, solid waste disposal and drainage systems through strategies that are both cost-effective and environmentally sustainable. Discussion topics for Element 9 included: changing the language on the policy regarding an equitable billing system for storm water services from "support" to "review"; moving this policy from Goal 3 to Goal 4; and divesting of City building. Ms. Gunning provided an overview of Elements 10 and 11. Element 10 - Future Land Use, Zoning, and Urban Design, focuses on the physical development of Corpus Christi. Discussion topics on Element 10 included: the actions required to develop the Airport Zoning Commission; an explanation of the duties of a city redevelopment authority and the reasons to support its creation as related to Goal 1; and whether the policy on Goal 6 related to annexation would allow the opportunity to re -address previous annexation. Element 11 - Stewardship and Implementation of the Plan, focuses on implementation, monitoring and updating the Comprehensive Plan and providing action plans for each element. The only discussion topic for Element 11 was to include in the policies listed under Goal 1 to address a review the area development plans and specific plans in the Comprehensive Plan. Mr. Van Vleck concluded the presentation with reviewing the format in which the strategic implementation plan will be presented. City Manager Olson responded to questions regarding the following topics: the last update of the Comprehensive Plan; the steps that will be taken to ensure routine updates; and cost of the study; the reason a Boston based firm was selected as the consultant for the Comprehensive Plan; public awareness and the continuation of the public comment process. The meeting was adjourned at 4:29 p.m. Corpus Christi Page 3 Printed on 6/4/2015 City Of Corpus Christi ETHICS COMMISSION BOARD DETAILS OVERVIEW As, SIZE 9 Seats TERM LENGTH 3 Years TERM LIMIT 6 Years CONTACT 1 Laurie Ledesma-Garcia (361) 826-3361 lauriela@cctexas.com The Ethics Commission, in addition to having jurisdiction over complaints involving any"city official", are to prepare and publish pamphlets and other materials explaining the duties of individuals subject to the code of ethics; review all statements and reports filed with the city; annually review the code of ethics and make appropriate recommendations to the citycouncil; review all public opinions related to the code of ethics that are issued bythe city attorney; prepare and disseminate a report listing all campaign contributions and expenditures for each candidate within 30 days following the deadline for filing the last campaign finance reports for each citycouncil election. The commission shall have such meetings as maybe necessaryto fulfill its responsibilities. The chairperson or any three (3) members may call a meeting provided that reasonable notice is given to each member. The commission shall meet at least once a year. The date of the annual meeting shall be in September. The commission shall complywith the Texas Open Meetings Act. �q DETAILS COMPOSITION Nine members appointed by a tw o -thirds vote of the full council. Nominations are to be solicited from a wide variety of professional and community organizations in the city, but interested individuals may also submit their names for consideration. Initially, the terms of three members shall be one year, and the initial terms of another three members shall be two years. The persons having such shorter terms shall be determined by lot. No holding over is permitted except as expressly provided in the Code of Ethics. The commission shall elect a Chairperson and a Vice -Chairperson. CREATION / AUTHORITY Section 2-320, Code of Ordinances; Ordinance No. 20781, 9/19/89, Ord. 023460 , 10-13-98; Ord. No. 024614 - 10/9/01. MEETS 2nd Thursday of the month, 5:30 p.m., City Hall, Fifth Floor - ACM Conference Room. TERM DETAILS Three-year staggered terms. DEPARTMENT Legal List of Ethics Commission Members Tuesday, June 9, 2015 One (1) vacancy with term to 10/1/17. (Requires a 2/3 vote of full Council.) 1!!!!Mm= Board name Status District Term End date Position Arthie Lee Perez ETHICS COMMISSION Active District 5 10/1/15 Member In Alicia G. Benavidez ETHICS COMMISSION Active District 4 1 10/1/15 Member Karon K. Connelly ETHICS COMMISSION Active District 4 1 10/1/15 Vice -Chair Ken Bung ETHICS COMMISSION Active District 5 2 10/1/16 Member Rod Wolthoff ETHICS COMMISSION Active District 4 1 10/1/16 Member Harry Hallows ETHICS COMMISSION Active District 4 2 10/1/16 Member Larry L. White ETHICS COMMISSION Active District 5 2 10/1/17 Member David Ghably ETHICS COMMISSION Resigned District 3 1 10/1/17 Member Dr. Haysam D. Dawod ETHICS COMMISSION Active District 5 2 10/1/17 Chair Work Phone Work Address .® ISABEL L. BARRERA District 2 MAVEN CONSULTING 3426 BRAWNER PARKWAY CORPUS CHRISTI TX 361-298-0870 APRIL DEN INE BASSETT District 2 TEXAS A&M UNIVERSITY -CORPUS CHRISTI 6300 OCEAN DR. CORPUS CHRISTI TX 361-825-2745 JACK GORDY District 3 RETIRED DRUE JONES District 2 DEL MAR COLLEGE 101 BALDWIN CORPUS CHRISTI TX 361-698-1407 List of Ethics Commission Applicants Tuesday, June 9, 2015 WILLIAM BRYAN MENARD, JR. District 2 MENARD ELECTRONICS, INC. CRAIG A. ROGERS District 4 GEICO 5262 S. STAPLES, STE. 300 CORPUS CHRISTI TX 361-288-8177 BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jul 11, 2014 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Isabel L. Prefix First Name Middle Initial Email Address Barrera Last Name Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION, CIVIL SERVICE BOARD, CIVIL SERVICE COMMISSION, CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION, ETHICS COMMISSION, HUMAN RELATIONS COMMISSION Street Address Suite orApt City State Postal Code District 2 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone MAVEN CONSULTING PRESIDENT/CEO Employer Job Title 3426 BRAWNER PARKWAY WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City TX WorkAddress - State 78411 WorkAddress - Zip Code 361-298-0870 Work Phone Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) SEE ATTACHED RESUME B.A. COGNITIVE SCIENCE, M.A. COMMUNICATIONS, M.S. APPLIED COGNITION AND NEUROSCIENCE HUMAN CAPITAL PROFESSIONAL 14+ YEARS WORKING IN HIGH TECH, MUNICIPAL, HEALTH INFORMATION, HEALTH SERVICES, NON-PROFITARENAS; ACTIVE MEMBER OF SHRM, CBSHRM, LEADERSHIP CORPUS CHRISTI; CC UNDER 40 HONOREE 2012, 2013; VOLUNTEER FOR KEDT, RONDALD MCDONALD HOUSE, YWCA, PRIDE CORPUS CHRISTI, DIA DE LOS MUERTOS FESTIVALAND VDAY CORPUS CHRISTI Registered Voter? OYes ONo Current resident of the city? OYes No 10 If yes, how many years? BARRERA.�df Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic Ethnicity Female Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. !Agree Oath swear that all of the statements included in my application are true and correct. Z (Agree Board -specific questions (if applicable) Question applies to ARTS & CULTURAL COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Economic Development / Tourism ® Marketing ® Business Development Groups / Corporate Representative Question applies to CIVIL SERVICE BOARD, CIVIL SERVICE COMMISSION. Have you resided in the City for at least 3 years? QQYes No Question applies to CIVIL SERVICE BOARD, CIVIL SERVICE COMMISSION. Have you held public office during the past 3 years? Q Yes No Question applies to CIVIL SERVICE BOARD, CIVIL SERVICE COMMISSION. Are you over 25 years of age? QQYes No Question applies to CORPUS CHRISTI BUSINESSAND JOB DEVELOPMENT CORPORATION. Are you a qualified elector* of the City? QQYes No Question applies to HUMAN RELATIONS COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ❑ Selling of Dwellings ❑ Renting of Dwellings ❑ Legal Aid Society Staff Member ❑ Youth Representative (not more than 20 years of age at time of appointment) Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by any court; and a resident of this State. I sa L Ba rre ra 3426 Brawner Parkway Corpus Christi, TX 78411 361-850-3230 ilbarrera@gmail.com Profile An accomplished career reflects 13 years of progressively responsible experience delivering comprehensive, successful HR solutions, operational leadership, and organizational development. Areas of Expertise * Employee Relations * Strategy/Policy * Recruiting *Organizational Development * Benefits Administration * Performance Development Relevant Experience 04/12 thru Present Maven Consulting HR Consultant Design, implement and facilitate human resource initiatives, as well as engage employee development and cultural change. Working closely with executive leadership to improve employee relations and investigate liability risks with an objective position. Providing expertise in areas including organizational development, policy implementation, performance assessment, conflict management, employee retention and engagement, cultural restructuring/morale improvement and employee development. 11/08 thru 04/12 CBAF, Corpus Christi, TX Human Resources Manager Facilitated the human resource function for more than 10 state and federal grants as well as a CDC partnership. Provided overall strategic HR leadership to the agency, served as an internal consultant to the management team, supervisors and employees on employee relations issues that affect performance and business relationships. Partnered with program directors to develop and maintain processes and systems to ensure compliance with applicable federal/state/local laws, rules and regulations. Investigated issues by identifying, coordinating and analyzing data, documents, statements of individuals with relevant knowledge, and prior similar cases to assure consistency and minimize liability. Recommended a course of action to the Executive Director and Board of Directors in accordance with applicable laws and agency policies. Drafted responses to EEOC and TWC charges, resulting in decreased legal costs and fees. Partnered with external legal counsel as needed based on complexity and risk. Supported program directors to provide leadership and support on employee development, succession planning and talent profiles to build progression within departments. Established credibility with management and employees thru the development and leadership of the Employee Action Team. 11/06 thru 10/08 PeopleScout, Chicago, IL Recruiting Services Manager Designed and implemented a large-scale recruiting program for tele -services clients. Created community based recruiting/application process thru to hiring. Successfully met hiring targets, and generated qualified candidates through cost- effective efforts (i.e., alternative sourcing), developed knowledge of the marketplace to ensure competitiveness in hiring, coordinated interview process, sourced to particular strategy as defined in the performance metrics, promoted employee referral bonus program, ensured compliance with EEO/Diversity policies including applicant flow logs, served as communication liaison for RPO, accurately reported and tracked candidate data as requested, and participated in special projects/task forces as assigned. Created a comprehensive training system to continue best policies upon RPO departure. 2/05 thru 11/06 City of Corpus Christi, Corpus Christi, TX Benefits Coordinator Administered individual plans and programs within the area of benefits on behalf of the Office of Human Resources. Completed comprehensive analytical and financial analysis of human resource programs related to benefits including costing of annual health & welfare and retirement programs. Provided training, orientation and explanation of benefits for new employees as well as established workforce. Recommended changes to benefits programs, policies, and procedures. Monitored the internal equity and external competitiveness of benefits. Ensured compliance with local, state, and federal legislation related to benefits. Ensured quality customer service is delivered to employees, internal and external customers and vendors. 6/04 thru 2/05 Butch Escobedo Insurance Company, Corpus Christi, TX Benefits Account Manager Assisted clients and producers in resolving any accounting discrepancies. Assisted all producers in handling all new business and in -force accounts. Coordinated and conducted open enrollment meetings for clients. Assisted with day to day issues clients may have such as problem resolution, claim issues, project management and customer service. Maintained regular contact with clients and was responsible for client satisfaction. Coordinated the review of all policy checklists and complete insurance summaries. Assisted staff with issues, strategies regarding Health plans, life, dental, accidental, cancer, disability, and long term care, H5A, 403b annuities, Section 125 (Cafeteria) Plans, and Medicare supplements. Assisted with the development, installation, and administration with benefit on-line projects and programs. 6/02 thru 6/04 OZ Systems, Inc., Dallas, TX Human Resources Generalist Collaborated with senior management to develop, evaluate and execute human resources goals, expected outcomes and priorities. Designed methods for continuous improvement in the delivery of services by soliciting internal and external feedback, using best practice models and organizational goals. Collaborated with department Directors on staffing needs and recruiting efforts. Established effective communication channels internally and externally thru intranet knowledge base. Worked in conjunction with CEO and Board of Directors to establish policy and SOP manual. Provided employee orientation, training, and benefit explanation on group as well as individual basis. 6/00 thru 6/02 Training Liaison Project manager for training program built from the ground up for all NICU/PEDS administrative and professional staff of over 700 healthcare facilities and over 15 state health departments. Designed and implemented interdepartmental cooperation program, including intranet for centralized information sharing, company -wide recognition program, and revamped communication processes. Created and implemented first strategic, integrated organizational development plan, including needs analysis and training design, for managers within Performance Support Services focus areas of the training were Emotional Intelligence, Communication, and Performance Coaching. Created cross -functional team which functioned as Training and Development Advisory Board to help guide and promote company -wide training initiatives. Education 1997-2000 Rice University B.A. Cognitive Science 2000-2002 Southern Methodist University M.A. Communications 2002-2004 University of Texas at Dallas M.S. Applied Cognition and Neuroscience 2002 HR Certification Institute SPHR Certification Professional Associations & Honors SHRM Member CCHRMA Member Junior Chamber of the Coastal Bend, Founding member Leadership Corpus Christi, Class 39 Community Involvement 2010 2011 2011 2012 2012 2012 2012 2013 2014 2012 Corpus Christi Under 40 Honoree Leadership Corpus Christi, Steering Committee, Class 42 2013 Corpus Christi Under 40 Honoree Leadership Corpus Christi, Selection Chair, Class 43 Junior Chamber of the Coastal Bend, VP of Individual and Community Involvement Y Women in Careers General Chair VDay Corpus Christi, inaugural cast member Leadership Corpus Christ 1 Alumni Association, Annual Roast Committee Member Junior Chamber of the Coastal Bend, President VDay Corpus Christi, Production Director Mayor's 4t'` of July Celebration, Committee Member VDay Corpus Christi, General Chair CBSHRM Get Hired!, General Chair BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Apr 06, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile April Email Address Denine Middle Initial Bassett Last Name Which Boards would you like to apply for? ETHICS COMMISSION, HUMAN RELATIONS COMMISSION Street Address Suite orApt City State Postal Code District 2 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 111111111111111.1111111 Primary Phone TEXAS A&M UNIVERSITY - CORPUS CHRISTI Employer 6300 OCEAN DR. WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City TX WorkAddress - State 78412 Alternate Phone HUIVIINIJ 1 KH I IV t ASSISTANT/FACULTY SENATE - STAFF COUNCIL OFFICE WorkAddress- Zip Code 361-825-2745 Work Phone Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) BACHELORS OF BUSINESS MANAGEMENT GRAD STUDENT MASTER PUBLIC ADMINISTRATION Registered Voter? DYes No Current resident of the city? D Yes Q No If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. African American Ethnicity Female Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath swear that all of the statements included in my application are true and correct. ® !Agree Board -specific questions (if applicable) Question applies to HUMAN RELATIONS COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ❑ Selling of Dwellings ❑ Renting of Dwellings ❑ Legal Aid Society Staff Member ❑ Youth Representative (not more than 20 years of age at time of appointment) BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Mar 10, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Jack Gordy Prefix First Name Middle Last Name Initial Email Address Which Boards would you like to apply for? ETHICS COMMISSION Street Address Suite orApt City District 3 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone Employer Job Title WorkAddress- Street Address and Suite Number WorkAddress - City WorkAddress - State State Postal Code WorkAddress- Zip Code Work Phone Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) HIGH SCHOOLAND ONE YEAR OF COLLEGE PRESIDENT OF CHANNEL 10 PUBLIC ACCESS FOR 91/2 YEARS Registered Voter? QYes No Current resident of the city? QYes No If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath swear that all of the statements included in my application are true and correct. ® !Agree Board -specific questions (if applicable) BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Feb 17, 2014 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Drue Jones Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? ETHICS COMMISSION Street Address Suite orApt City District 2 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone DEL MAR COLLEGE Employer 101 BALDWIN WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City TX WorkAddress - State 78404 ASSISTANT PROFESSOR OF BUSINESS ADMINISTRATION State Postal Code WorkAddress- Zip Code 361-698-1407 Work Phone Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) SEE ATTACHED RESUME Registered Voter? QYes No Current resident of the city? QYes No 38 If yes, how many years? JONES.pdf Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath swear that all of the statements included in my application are true and correct. ® !Agree Board -specific questions (if applicable) DRUE JONES 1400 Ocean Drive, #604B — Corpus Christi, TX 78404 — 361-658-8580 - drue604Qgmail.com EDUCATION Master of Business Administration, Management & Marketing CCSU, a campus of Texas A & M University, 1992 Master of Science in Education, Adult Education Central Missouri State University 1977 Bachelor of Arts, Political Science University of Missouri, Columbia 1970 BUSINESS & TEACHING EXPERIENCE Del Mar College: Assistant Professor of Management, teaching courses in Business Principles, Management, Strategic Planning, Ethics, Human Relations, Finance, International Business & Entrepreneurship. Direct assessment program for Business Principles faculty. Drue Jones Real Estate: Broker -owner and Director of Marketing for a full service real estate company that has served the Corpus Christi market for over 35 years. Provide seller or buyer representation in residential transactions, feasibility studies, property tax consulting, and property management, while marketing functions include the creation, design and construction of materials for promotion of the firm and the client's properties. University of the Incarnate Word, Corpus Christi State University, Texas Association of Realtors: Adjunct Instructor in business courses offered for academic credit and professional development. PROFESSIONAL & COMMUNITY SERVICE Corpus Christi Association of Realtors: President 1991—Vice President 1990—Secretary-Treasurer 1989 Chosen by membership in 1986 as "Realtor of the Year" Created Luther Jones Scholarships at Texas A & M, Corpus Christi and Del Mar College and continue to work on endowment growth. Goodwill Ambassador: Appointed by Mayor Jones, Mayor Turner, Mayor Rhodes, Mayor Neal and Mayor Adame to represent the City of Corpus Christi in Japan, Spain, France, Taiwan, and Mexico. Leadership Corpus Christi, Class XV Graduate. Corpus Christi Sister City Committee: Served from 1987 to 2011. Nueces County Appraisal Review Board: Past Chair DESIGNATIONS & LICENSES CREI Certified Real Estate Instructor awarded by the Texas Real Estate Teachers Association. Texas Real Estate Broker #0229082 BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Apr 10, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile William Bryan Menard Jr. Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? AIRPORT BOARD, ANIMAL CARE ADVISORY COMMITTEE, BOARD OF ADJUSTMENT, CIVIL SERVICE BOARD, CIVIL SERVICE COMMISSION, ETHICS COMMISSION, HUMAN RELATIONS COMMISSION, LIBRARY BOARD, MAYOR'S FITNESS COUNCIL, OIL AND GAS ADVISORY COMMITTEE, PARKS AND RECREATION ADVISORY COMMITTEE, TRANSPORTATION ADVISORY COMMISSION Street Address City District 2 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 41101•11.1•10 1111111101.1111111 Primary Phone Alternate Phone MENARD ELECTRONICS, INC. Employer WorkAddress- Street Address and Suite Number WorkAddress - City PURCHASING MANAGER Job Title Suis: State WorkAddress - State WorkAddress - Zip Code Work Phone Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) BRAZOSWOOD HIGH SCHOOL, CLUTE, TX 1999; TEXAS A&M UNIVERSITY -CORPUS CHRISTI, B.A. IN POLITICAL SCIENCE -GRADUATING AUGUST, 2014. Registered Voter? OQYes ONo Current resident of the city? OQYes No 6 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath swear that all of the statements included in my application are true and correct. El !Agree Board -specific questions (if applicable) Question applies to ANIMAL CARE ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ❑ Local Animal Welfare Organization ❑ Veterinarian ❑ Animal Shelter Operator Question applies to CIVIL SERVICE BOARD, CIVIL SERVICE COMMISSION. Have you resided in the City for at least 3 years? QQYes No Question applies to CIVIL SERVICE BOARD, CIVIL SERVICE COMMISSION. Have you held public office during the past 3 years? QYes No Question applies to CIVIL SERVICE BOARD, CIVIL SERVICE COMMISSION. Are you over 25 years of age? QQ Yes Q No Question applies to HUMAN RELATIONS COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ❑ Selling of Dwellings ❑ Renting of Dwellings ❑ Legal Aid Society Staff Member ❑ Youth Representative (not more than 20 years of age at time of appointment) Question applies to LIBRARY BOARD. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ❑ Friends of Corpus Christi Libraries Nominee ❑ La Retama Club Nominee Question applies to MAYOR'S FITNESS COUNCIL. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ❑ Health Care / Medical Professionals ❑ Worksite Wellness ❑ Disability Networks ❑ Senior Initiatives ❑ Youth Initiatives ❑ Community Outreach Question applies to OIL AND GAS ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Not Connected with Oil and Gas Well Industry Question applies to TRANSPORTATION ADVISORY COMMISSION. Per city ordinance, at least one member of this commission shall represent the bicycling community. Do you qualify for this category? Q Yes Q No BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jul 01, 2014 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Craig A. Rogers Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? ETHICS COMMISSION Street Address Suite orApt City District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 11111111111.111.6 41111111.M.111. Primary Phone Alternate Phone GEICO Employer 5262 S. STAPLES, STE. 300 WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City TX WorkAddress - State 78411 MANAGING ATTORNEY Job Title State Postal Code WorkAddress - Zip Code 361-288-8177 Work Phone Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) EDUCATION: UNIVERSITY OF TEXAS LAW SCHOOL, JD. 1987, SAM HOUSTON STATE, BBA IN FINANCE WITH HONORS, MAGNA CUM LAUDE 1984 PROFESSIONAL: MANAGING ATTORNEY GEICO, 2012 -PRESENT ASSISTANT CITYATTY MUNICIPAL COURT, CORPUS CHRISTI, SEPT 2012; PUBLISHER, GULFSCAPES MAGAZINE, 2008-2012; JONES, ROGERS AND NAVARRO, PARTNER OF LAW FIRM, 1988-2008 COMMUNITYACTIVITIY: CANDIDATE FOR DISTRICTATTORNEY, COMAL COUNTY 2002; BAREFOOT MARDI GRAS PLANNING COMMITTEE 2014 Registered Voter? QQYes No Current resident of the city? QQYes 0 N 6 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath swear that all of the statements included in my application are true and correct. ® !Agree Board -specific questions (if applicable) City Of Corpus Christi PIPELINE REVIEW PANEL BOARD DETAILS OVERVIEW As, SIZE 5 Seats TERM LENGTH 2 Years TERM LIMIT 6 Years CONTACT 1 Rick Ramos 0 (361) 826-3938 rickr@cctexas.com The Pipeline Review Panel will hold hearings and render decisions on any substantive, non -resolvable technical issues that may occur regarding the intent to construct new pipelines. COMPOSITION The City Council shall appoint five members, four of w hom shall have technical a expertise in the construction, maintenance, or operation of pipelines, at least one of w hich shall have emergency management experience, and one shall be a community representative. DETAILS CREATION / AUTHORITY Ord. 021776 - 10/19/93; 021897 - 3/15/94. MEETS Meetings are on call. TERM DETAILS Two-year terms. DEPARTMENT Fire Department List of Pipeline Review Panel Members Tuesday, June 9, 2015 Five (5) members with terms to 5-8-16 representing the following categories: 4 - technical expertise in the construction, maintenance or operation of pipelines, at least one of which shall have emergency management experience and 1- community representative. (Note: The Pipeline Review Panel did not meet during the last term year due to no unresolvable technical issues in the proposed construction of new pipelines within the city limits.) Name Board name Status District End date Cate_o Kelly L. White PIPELINE REVIEW PANEL Seeking reappointment District 5 1 5/8/2014 Community Representative Mukesh R. Pratap PIPELINE REVIEW PANEL Seeking reappointment District 5 1 5/8/2014 Technical Expertise Philip E. Woods PIPELINE REVIEW PANEL Seeking reappointment District 2 1 5/8/2014 Technical Expertise Robert Leon PIPELINE REVIEW PANEL Seeking reappointment District 5 1 5/8/2014 Technical Expertise Member Daniel Garcia PIPELINE REVIEW PANEL Resigned District 5 1 5/8/2014 Technical Expertise/Emergency Mgmt Experience Member Position Member Member Member List of Pipeline Review Panel Applicants Tuesday, June 9, 2015 (Note: The City Secretary's Office and the Staff Liaison have made efforts to recruit bios for this board since April 2014. Due to the specific category requirements, only one person has expressed interest. If Council wishes, this appointment can be postponed for further recruitment efforts.) LDistri _ - - 1 Work Phone LOUIS M. LOPEZ DISTRICT 5 EXXONMOBIL PIPELINE COMPANY 1638 N. LEXINGTON BLVD. CORPUS CHRISTI TX 361-289-7028 TECHNICAL EXPERTISE/EMERGENCY MGMT. EXPERIENCE BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Apr 22, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Louis M. Prefix First Name Middle Initial Email Address Lopez Last Name Which Boards would you like to apply for? PIPELINE REVIEW PANEL Street Address Suite orApt City District 5 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 111111.1111.1111111 Primary Phone Alternate Phone EXXONMOBIL PIPELINE COMPANY Employer 1638 N. LEXINGTON BLVD. WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City TX WorkAddress - State 78409 SENIOR ENGINEERING TECHNICIAN State Postal Code WorkAddress - Zip Code 361-289-7028 Work Phone Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) SEE ATTACHED RESUME ASSOCIATES IN LIBERALARTS FROM DEL MAR COLLEGE BACHELORS IN HUMAN RESOURCES WITH MINOR IN MANAGEMENT FROM UNIVERSITY OF INCARNATE WORD MASTER OF ARTS DEGREE CONCENTRATION IN ORGANIZATIONAL DEVELOPMENT FROM UNIVERSITY OF INCARNATE WORD WORKED WITH EXXONMOBIL PIPELINE COMPANY35 YEARS Registered Voter? QYes No Current resident of the city? QYes No 50 If yes, how many years? LOPEZ.pdf _ Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath swear that all of the statements included in my application are true and correct. ® !Agree Board -specific questions (if applicable) Question applies to PIPELINE REVIEW PANEL. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Emergency Management Experience 361-289-7026 Louis Mario Lopez rr ezi7@stx.rr.conli 08:14:04 a.m. 03-09-2015 41t WORK EXPERIENCE 2005 — Currently: Senior Engineering Technician, ExxonMobil Pipeline Company. I work independently planning and coordinating wide scale engineering and operational projects in cathodic protection, environmental and regulatory compliance or remediation. I also coordinate major maintenance work such as "pipeline right of way" mowing and trimming, tank maintenance, and reimbursable reroutes. Evaluate data, performing analysis, and studies determining appropriate action plans to implement solutions such as leak prevention, risk analysis, environmental and regulatory compliance. I am responsible for the following. • Coordinating pipeline public awareness meetings. • Pipeline management of change. • ReguIatory Compliance including TRRC audits. • Corrosion Control program including painting and CP mitigation, • Navigable waterway crossing inspections and repairs. • Reimbursable projects. • Waste management. 2000 - 2005: Engineering Technician A, ExxonMobil Pipeline Company. I was responsible for the One Call Response including locating our pipelines before excavations. I was responsible for responding to air patrol findings such as encroachments and unauthorized excavations or drilling. I planned and coordinated Cathodic Protection surveys, route surveys, and DOT required inspections, environmental, regulatory, training assignments. 1 evaluated the results of such surveys, recommending remedial action. Responsible for the following: • Pipeline management of change. • Regulatory Compliance including TRRC audits. • Corrosion Control program including painting and CP mitigation. • Navigable waterway crossing inspections and repairs. • Reimbursable projects. • Waste management. • One Call Response including locating pipelines before excavations. • Line flyer reports response and documentation. 361-289-7026 08:14:23 a.m. 03-09-2015 5 +6 1997 - 2000: Engineering Technician B, Exxon Pipeline Company. Assisted Engineers in planning/coordinating Cathodic Protection surveys, route surveys, DOT required inspections, preparing cost estimates, hot work/safety procedures, preparing job specifications and bid packages. Responsible for ground bed installations and rectifier maintenance in assigned area. Assisted with DOT pipeline safety compliance inspections and documentation including valve inspection, shorted casings, critical control device inspections, navigable water crossings, and tank seal inspections. I was responsible for drafting maps, easement surveying. Some of my big projects included removing tree trunks that were stuck on the pipelines in the Brazos River and coordinating divers to sand bag the pipelines for cover. Another big job was to remove a ship's anchor from a pipeline in the middle of the Houston Ship Channel. This also required divers. l had to work with the Houston Port Authority, and the Coast Guard pn this project. Also in this time span, I was an inspector on third party pipelines laying a pipeline on our pipeline corridors. Also, I put together a bid package to mow 1,200 miles of pipeline right of way. Responsible for the following: • Corrosion Control program including painting and CP mitigation. • Navigable waterway crossing inspections and repairs. • Reimbursable projects. • Waste management. • Pipeline right of way maintenance. 1996 - 1997: Engineering Technician C, ExxonMobil Pipeline Company I stewarded the coordinating of surveys, drawings, documentation of pipeline changes, filing. I was responsible for basic cathodic protection, DOT regulations, and Environmental and Regulatory requirements. I stewarded and administered all corrosion control and Regulatory Compliance duties for ExxonMobil Pipeline. These duties include but limited to surveying, documenting. Responsible for following: • Responsible for Corrosion Control program including painting and CP mitigation. • Responsible for navigable waterway crossing inspections and repairs. • Responsible of pipeline right of way maintenance. • Environmental (air, water, waste) sampling and proper waste disposal requirements. 1979 - 1996: Pipeliner, Exxon Pipeline Company. My principle duties were in the construction part of the business. These duties included: helping welders and general pipeline maintenance including laying, lowering, and repairing pipelines. This gave me valuable experience working with heavy equipment such as back hoes, track hoes, bulldozers, boring rigs, boats, and ATVs. Leak clean ups were also a part of my duties including remediation of contaminated soil. 1 was an inspector on a million dollar project to clean up our Harbor Island facility before its sale to Koch. This included the removal of contaminated soil. Also in this time frame, I worked with the product measurement department for about five years. This included proving, repairing, reading, 361-289-7026 08:14:49 a.m. 03-09-2015 6.8 and trouble shooting pipeline meters. Also, unloaded crude oil from barges and ships and pipelined the crude oil to the Exxon Baytown Refinery. 1975 - 1979: Pipefitter Lead man, Brown and Root, Inc. (Construction of CC petro chemical plant on McKenzie road in Corpus Christi) My principle duties were leading a construction crew of fabrication and assembly of pipelines in the plant refinery. This included leading a crew of welders, welder helpers, pipefitters, and pipefitter helpers. I started out as a pipefitter helper and worked my way up to getting my pipefitter certification and ultimately to promotion of pipefitter lead man. 1973 - 1975: Plant Operator, International Pollution Control, Inc. My duties included the operation and maintenance of plant operations with some pipefitting and instrumentation of plant maintenance. Cleaned oil tanks and operated plant facilities including pumps, vessels, and boilers. I helped to bring the plant into operations. We received tank bottoms waste from the refineries and cleaned and filtered the wastewater and injected the filtered water into an old abandoned oil well. EDUCATION December, 2013 MAA Organization development, University of the Incarnate Word May, 2012 BA Human Resources, University of the Incarnate Word August, 2010 AAS Liberal Arts, Del Mar College, Corpus Christi, Texas May, 1971 Corpus Christi Academy High School (Private Catholic HS) CERTIFICATIONS • DOT Operator Qualified: Excavation of pipelines, coating inspection, corrosion surveys, shorted casing survey, valve inspection surveys, and installation of ground beds, rectifiers, and bonds. Locating pipelines, air patrol surveys, encroachment surveys, emergency response including public awareness of pipelines. • NACE Certified Corrosion Technician • NACE Certified Corrosion Technologist • NACE Certified Internal Corrosion Technologist • (NACE = National Association of Corrosion Engineers). • Journeyman Pipefitter Certified by Brown & Root, Inc. 361-289-7026 08:15:07 a.m. 03-09-2015 7 +6 Training 1979 - current ExxonMobil Pipeline in-house Training. • 40 hour course - Product Measurement • 40 hours course - Valve Maintenance • 40 hour course - Basic Electricity • 40 hour course - Cathodic Protection • 40 hour course - Pipeline Locating • 40 hour course - Computer training Texas A&M in Galveston • 40 hour course - Oil spill response course Texas A&M in Corpus Christi • 40 hour course - Surveying I • 40 hour course - Surveying II . National Association of Corrosion Engineers {MACE} • 40 hour course - • 40 hour course - . 40 hour course - • 40 hour course Basic Corrosion Cathodic Protection Theory and Interpretation Coatings and Linings - Internal Corrosion mitigation 1975 -1979 Brown and Root in-house Training. • 40 hour course - Pipefitting I • 40 hour course - Pipefitting II • 40 hour course - Blue Print reading 361-289-7026 08:15:18 a.m. 03-09-2015 6r6 SKILLS 1 have valuable experience in working with heavy equipment such as back hoes, track hoes, bulldozers, boring rigs, boats, and ATVs. I work independently planning and coordinating wide scale engineering and operational projects in cathodic protection, environmental or regulatory compliance or remediation. I also coordinate major maintenance work such as "pipeline right of way" mowing and trimming, tank maintenance, and reimbursable reroutes. Evaluate data, performing analysis, and studies determining appropriate action plans to implement solutions such as leak prevention, risk analysis, environmental and regulatory compliance. ACCOMPLISHMENTS I prepared job scope and cost estimates, developing bid packages, job specifications, plans, and procedures for major maintenance work and reimbursable projects. 1 conducted Environmental, Regulatory, and Safety training for new employees and contractors. 1 prepared annual corrosion reports and leak reduction action plans. I coordinated environmental (air, water, waste) sampling, waste disposal activities, and minor remediation efforts including proper documentation. I created a bid package to mow and otherwise maintain ExxonMobil Pipeline's right of way across South Texas. This project included working with the right of way department to define the pipelines easement, creating a job scope, conducting a presentation to prospective bidders and completing the bidding process. Also, one of my big projects during this time frame was a reimbursable project with Texas Department of Transportation. It was a half million dollar project for a reroute our pipeline at a highway expansion in Sinton on Highway 181. Some of my big projects included removing tree trunks that were stuck on the pipelines in the Brazos River and coordinating divers to sand bag the pipelines for cover. Another big job was to remove a ship's anchor from a pipeline in the middle of the Houston Ship Channel. This also required divers. I had to work with the Houston Port Authority, and the Coast Guard on this project Also in this time span, I was an inspector on third party pipelines laying a pipeline on our pipeline corridors. AGENDA MEMORANDUM Future Item for the City Council Meeting of May 26, 2015 Action Item for the City Council Meeting of June 9, 2015 DATE: TO: Ronald L. Olson, City Manager May 26, 2015 FROM: Gabriel Maldonado, Interim Procurement Manager gabrielm@cctexas.com (361) 826-3169 Mike Markle, Interim Chief of Police mikema@cctexas.com (361) 886-2601 Purchase of Ammunition CAPTION: Motion approving the purchase of approximately 320,000 rounds of ammunition from Precision Delta Corporation, Rulerville, Mississippi in accordance with Bid Event No. 42 based on only bid for a one-time expenditure of $66,592. Funds are budgeted in the General Fund and the Crime Control Fund No. 9010 in FY 2014-2015. PURPOSE: The purpose of the ammunition is for use in training at the gun firing range. BACKGROUND AND FINDINGS: None. 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 Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $66,592.00 0.00 66,592.00 Encumbered / Expended Amount 0.00 0.00 0.00 This item $66,592.00 0.00 66,592.00 BALANCE 0.00 0.00 0.00 Fund(s): General Fund and the Crime Control Fund No. 9010 Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ ITEM DESCRIPTION BID EVENT NO. 42 PRICE SHEET Purchase of Ammunition QTY. UNIT Precision Delta Corporation Ruleville, Mississippi Winchester .40 S&W 165gr FMJ 320,000 RO UNIT PRICE $0.20810 EXTENDED PRICE $66,592.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 26, 2015 Action Item for the City Council Meeting of June 9, 2015 DATE: May 26, 2015 TO: Ronald L. Olson, City Manager FROM: Gabriel Maldonado, Interim Procurement Manager gabrielm@cctexas.com (361) 826-3169 Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Lease -Purchase of Ambulances CAPTION: Motion approving the lease -purchase of two (2) ambulances from Knapp Chevrolet, Houston, Texas for a total amount of $322,440.88, of which $5,374.01 is required for the remainder of FY 2014-2015. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Financing for the lease -purchase will be provided through the City's lease -purchase financing contractor. PURPOSE: The ambulances will be used by the Fire Department for emergency medical response. BACKGROUND AND FINDINGS: These two units will replace two Front line units that are currently in our Fleet. These two replaced units will replace two units within our Reserve Unit inventory. Two units currently in our Reserve Unit inventory will be permanently removed from our Fleet. This will ensure that the Corpus Christi Fire Department maintains a consistent level of service to our community. ALTERNATIVES: None. OTHER CONSIDERATIONS: Financing for the lease -purchase is based on a sixty -month term with an estimated interest rate of 2.4% for an annual payment of $64,488.17. The total estimated cost over the five-year period, including principal of $303,560.00 and interest of $18,880.88, is $322,440.88. 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: Fire Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue x Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $ 256,637.01 $317,066.87 $573,703.88 Encumbered / Expended Amount $249,791.89 $0 $249,791.89 This item $5,374.01 $317,066.87 $322,440.88 BALANCE $1,471.11 $0 $1,471.11 Fund(s): General Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ ITEM I DESCRIPTION 1. (Ambulance TOTAL: PRICE SHEET TLGPC CONTRACT NO. 400-12 AMBULANCES Knapp Chevrolet Houston, Texas UNIT PRICE QTY. UNIT 2 Each $151,780.00 EXTENDED PRICE $303,560.00 $303,560.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 26, 2015 Action Item for the City Council Meeting of June 9, 2015 DATE: April 27, 2015 TO: Ronald L. Olson, City Manager FROM: Stacie Anaya Talbert, Interim Director StacieT©cctexas.com 361-826-3494 Texas General Land Office Beach Cleaning and Maintenance Assistance Program CAPTION: Resolution authorizing the City Manager or designee to execute all documents necessary to request continued financial assistance for beach cleaning and maintenance on North Padre Island and Mustang Island during FY 2015-2016 under the Texas General Land Office's Beach Cleaning and Maintenance Assistance Program. PURPOSE: The Beach Cleaning and Maintenance Assistance Program provides reimbursement for some portion of the City of Corpus Christi's beach maintenance expenditures. BACKGROUND AND FINDINGS: The Texas General Land Office (TGLO) Beach Cleaning and Maintenance Assistance Program uses a funding formula to reimburse cities and counties so the reimbursement amount varies from year to year. Currently, the principal portion of the beach maintenance appropriations is distributed among the twelve communities that contain public beaches within their jurisdiction and have made application for funding. For FY13 and FY14, the City received $62,737.35 and $75,769.64 respectively. FY15 funds have yet to be distributed but are estimated to be approximately $62,000. ALTERNATIVES: Do not apply for beach maintenance funding. OTHER CONSIDERATIONS: Cities which qualify for eligibility under the Natural Resources Code, may receive up to, but no greater than two-thirds reimbursement for eligible expenses incurred in cleaning and maintaining the beaches; however, actual state appropriations have always limited this reimbursement to the range of 10 to 20 percent of actual local costs. CONFORMITY TO CITY POLICY: The City Council must pass a resolution to apply for the Texas General Land Office program. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget n/a $ 62,000 0 $ 62,000 Encumbered / Expended Amount n/a 0 0 This item n/a 0 0 0 BALANCE n/a $ 62,000 0 $ 62,000 FUND(S): General Fund 1020 Comments: The estimated revenue for this reimbursement program will be submitted in the FY16 proposed budget. RECOMMENDATION: Staff recommends the City Council approve this resolution. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution authorizing the City Manager or designee to execute all documents necessary to request continued financial assistance for beach cleaning and maintenance on North Padre Island and Mustang Island during FY 2015-2016 under the Texas General Land Office's Beach Cleaning and Maintenance Assistance Program. 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 all documents necessary to apply for continued financial assistance for cleaning and maintaining beaches under the City's jurisdiction on North Padre Island and Mustang Island during FY 2015-2016 under the Texas General Land Office's Beach Cleaning and Maintenance Assistance Program. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Corpus Christi, Texas of , 2015 The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn AGENDA MEMORANDUM Future item for the City Council Meeting of May 26, 2015 Action item for the City Council Meeting of June 9, 2015 DATE: April 24, 2015 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: J. H. Edmonds, P. E., Director of Capital Programs jeffreye@cctexas.com (361) 826-3851 CAPTION: Jerry Shoemaker, P. E., Senior Program Manager jerrys2@cctexas.com (361) 826-3516 Engineering Construction Contract ADA Improvements in CDBG Areas and Accessible Routes in CDBG Residential Areas Phase 3 Motion authorizing the City Manager, or designee, to execute a construction contract with Ti -Zack Concrete, Inc. of Le Center, Minnesota in the amount of $312,267.00 for ADA Improvements in CDBG (Community Development Block Grant) Areas FY 2013 for the total base bid Part A, and to execute a construction contract with A. Ortiz Construction & Paving, Inc. of Corpus Christi, Texas in the amount of $152,456.25 for Accessible Routes in CDBG Residential Areas Phase 3 for the total base bid Part B. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract with the lowest responsible bidder, Ti -Zack Concrete, Inc. for ADA Improvements in CDBG Areas, and A. Ortiz Construction, Inc. for Accessible Routes in CDBG Residential Areas Phase 3 project. BACKGROUND AND FINDINGS: These projects are funded by two CDBG grants, totaling $695,100, to improve accessibility in eligible areas. Project E13131, ADA Improvements in CDBG Areas (base bid part A) received $495,100 for design and construction of accessibility improvements along Brownlee Blvd, between Staples St. and Elizabeth St. This project is included in the ADA Master Plan adopted by City Council on December 11, 2012. Project E13130, Accessible Routes in CDBG Residential Areas Phase 3, (base bid part B) K:\ENGINEERING\LEGISTAR\9 - MAY 26, 2015\ADA\AGENDA MEMO ADA IMPROVEMENT IN CDBG AREAS.DOCX received $200,000 for design and construction of accessibility improvements, within the Dahlia Terrace neighborhood off of Ayers St., to provide accessible routes in eligible residential areas with heavy pedestrian traffic and no accessible sidewalks. The two parts, base bid part A and base bid part B, were combined for the design phase to minimize administration requirements and for potential economy of scale. Design was completed by CH2M Hill, Inc. ADA Improvements in CDBG Areas (base bid part A) will involve the construction of approximately 1900 linear feet of 5 -foot wide sidewalk and 23 residential and commercial driveways, plus associated repairs, along Brownlee Boulevard from Elizabeth to Staples Street. ADA Routes in CDBG Areas FY 2013 (base bid part B) will involve construction of approximately 900 linear feet of 5 -foot wide sidewalks, 7 ADA compliant curb ramps, and 9 driveway crossings. Work will be performed along Fern Street and Sonora Street, in the Dahlia Terrace neighborhood. On March 18, 2015, the City received proposals from five (5) bidders as follows: Base Bid Part A: ADA Improvements in CDBG Areas FY 2013 (E13131) Contractor Total TI -Zack Concrete, Inc. Le Center, MN $312,267.00 A.Ortiz Construction & Paving, Inc. Corpus Christi, Texas $333,377.75 Clark Pipeline Services Corpus Christi, Texas $390,839.59 Alman Utilities & Construction, Inc. Corpus Christi, Texas $475,103.22 JE Construction Services Corpus Christi, Texas $495,083.67 Base Bid Part B: Accessible Routes in CDBG Residential Areas Phase 3 (E13130) Contractor Total A.Ortiz Construction & Paving, Inc. Corpus Christi, Texas $152,456.25 TI -Zack Concrete, Inc. Le Center, MN $174,200.00 Clark Pipeline Services Corpus Christi, Texas $163,012.49 Alman Utilities & Construction, Inc. Corpus Christi, Texas $181,277.65 JE Construction Services Corpus Christi, Texas $215,351.37 Combined Total Bid, (Part A + Part B) Contractor Total A.Ortiz Construction & Paving, Inc. Corpus Christi, Texas $485,834.00 TI -Zack Concrete, Inc. Le Center, MN $486,467.00 Clark Pipeline Services Corpus Christi, Texas $543,852.08 Alman Utilities & Construction, Inc. Corpus Christi, Texas $656,380.86 JE Construction Services Corpus Christi, Texas $710,435.04 K:\ENGINEERING\LEGISTAR\9 - MAY 26, 2015\ADA\AGENDA MEMO ADA IMPROVEMENT IN CDBG AREAS.DOCX ALTERNATIVES: 1. Authorize execution of these construction contracts. 2. Do not authorize execution of these construction contracts. (Not Recommended) OTHER CONSIDERATIONS: The City's engineer, CH2M HILL Engineers, Inc. conducted a bid analysis of the five (5) proposals submitted in response to the City's bid solicitation and determined that Ti -Zack Concrete, Inc. & A. Ortiz Construction & Paving, Inc. both have the experience and resources to complete these projects. CONFORMITY TO CITY POLICY: Complies with statutes regarding construction procurement criteria. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: Fiscal Year 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $0.00 $695,100.00 $0.00 $695,100.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 $0.00 This item $0.00 $464,723.25 $0.00 $464,723.25 Future Anticipated Expenditures This Project $0.00 $228,922.76 $0.00 $228,922.76 BALANCE $0.00 $1,453.99 $0.00 $1,453.99 Fund(s): ST 44 & 45 RECOMMENDATION: City staff recommends that the construction contract for Base Bid Part A be awarded to Ti -Zack Concrete, Inc. of Le Center, Minnesota in the amount of $312,267.00 and for Base Bid Part B be awarded to A. Ortiz Construction & Paving, Inc. of Corpus Christi, Texas in the amount of $152,456.25 for Accessible Routes in CDBG Residential Areas Phase 3. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation K:\ENGINEERING\LEGISTAR\9 - MAY 26, 2015\ADA\AGENDA MEMO ADA IMPROVEMENT IN CDBG AREAS.DOCX PROJECT BUDGET ESTIMATE Part A - ADA Improvements in CDBG Areas (E13131) Part B - Accessible Routes in CDBG Residential Areas, Phase 3 (E13130) PROJECT FUNDS AVAILABLE: ADA Improvements in CDBG Areas (Part A) $ 495,100.00 Accessible Routes in CDBG Residential Areas, Ph. 3 (Part B) 200,000.00 TOTAL $ 695,100.00 FUNDS REQUIRED: Construction Part A (Ti -Zack) 333,377.75 Construction Part B (A. Ortiz Construction) 152,456.25 Contingency 48,500.00 Construction Inspection (In House) 13,900.00 Design Fees: *Engineer Part A (CH2MHill) 49,441.00 Geotechnical Agreement Part A (Weston Solutions) 7,745.00 *Engineer Part B (CH2MHill) 40,322.00 Geotechnical Agreement Part B (Weston Solutions) 6,415.00 Construction Materials Testing (Estimate) 20,850.00 Reimbursements: Contract Administration (Captial Programs/Capital Budget/Finance) 6,951.00 Engineering Services (Project Mgt//Traffic Mgt Services) 8,688.00 Misc. (Printing, Advertising, etc.) 5,000.00 TOTAL 693,646.00 ESTIMATED PROJECT BUDGET BALANCE $ 1,453.99 * Contracts administratively approved on July 11, 2014 ACCESSIBLE ROUTES IN CDBG RESIDENTIAL AREAS PHASE 3 ADA IMPROVEMENTS IM CDBG AREA FY 2013 CITY COUNCIL EXHIBIT CITY OF CORPUS ,TI. TEXAS DEPARTPAna OF CAFTFAL FFLOORAMS PAGE: 1 OF 1 1610110.400. Corpus Christi Capital Programs ADA Improvements in CDBG Areas FY 2013 and Accessible Routes in CDBG Residential Areas Phase 3 Council Presentation May 26, 2015 Project Scope Corpus Chr sti Capital Programs • Project includes:Base Bid A: Ti -Zack Concrete Inc. $312,267 for approx. 1900 linear feet of sidewalk and 23 commercial and residential driveway crossings. • Base Bid B: A. Ortiz Construction & Paving, Inc. $152,456 for approx. 900 linear feet of sidewalk, 9 residential driveway crossings, and 7 ADA accessible curb ramps. Project Schedule Corp‘40 sti Capital Programs 2015 May Jun Jul Aug Award Construction Project Estimate: 85 Calendar Days 3 Months AGENDA MEMORANDUM Future Item for the City Council Meeting of May 26, 2015 Action Item for the City Council Meeting of June 9, 2015 DATE: TO: May 6, 2015 Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 Mark Van Vleck, P.E., Executive Director, Utilities MarkVV@cctexas.com (361) 826-1874 Engineering Construction Contract Padre Island Water Line and Gas Line Extension CAPTION: Motion authorizing the City Manager or designee to execute a construction contract with Clark Pipeline Services, in the amount of $2,381,598.50 for the Padre Island Water Line and Gas Line Extension. PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract for the Padre Island Water Line and Gas Line Extension. BACKGROUND AND FINDINGS: This project provides for construction to extend the critical water and gas pipelines along with a MIS conduit from the JFK Causeway Landing to approximately Aquarius Drive. The water line is an 18 -inch diameter PVC transmission main that is critical to extend the pipeline as part of providing the Padre Island Service area with a redundant water source. The natural gas line is an 8 -inch diameter steel line that is critical to connect the City's main supply source to the island. City forces will connect the high pressure pipeline to the existing infrastructure The previous phase was completed in December 2014 to extend these same pipelines across the causeway (approximately 3 -miles) by open trench and boring from Laguna Shores Road to Padre Island providing redundant water feed to Padre Island area. The City Council awarded an A/E contract to Urban Engineering to provide professional services to prepare plans and specifications for this project. On April 13, 2015, the City received proposals from three (3) bidders and the respective bids are as follows: CONTRACTOR BASE BID Clark Pipeline Services $2,426,082.50 Bridges Specialties $2,451,842.95 Huff & Mitchell, Inc. $3,333,434.70 Urban Engineering conducted a bid analysis of the proposals the City received. It was noted that Clark Pipeline Services had made an error in calculating their mobilization cost. The cost submitted was approximately 6.7% of the total bid which is higher than the 5% allowed by the Contract Documents. After discussing with Clark Pipelines' representative, Clark Pipeline Services agreed to the correction reducing their mobilization cost to $119,100 to meet the requirement of 5% of the total construction cost. Thus, the bid of Clark Pipeline Services is revised to $2,381,598.50. The Engineer's Opinion of Probable Construction Cost (OPCC) is $2,198,091.50. Clark Pipeline Services bid is 8.3% higher than the Engineer's OPCC. After reviewing the Statement of Experience submitted by Clark Pipeline Services, Urban Engineering recommends the City of Corpus Christi award the construction contract to Clark Pipeline Services as the lowest responsible bidder. ALTERNATIVES: 1. Authorize the execution of the construction contract. 2. Do not authorize the execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year 2014-2015 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $5,557,243.00 $5,557,243.00 Encumbered / Expended Amount $368,700.00 This Item $2,381,598.50 $2,381,598.50 Future Anticipated Expenditures This Project $640,062.00 $640,062.00 BALANCE $2,535,582.00 $2,535,582.00 Fund(s): Water CIP #2 and Gas CIP #3 Comments: This project requires approximately 120 calendar days with anticipated completion in October 2015. The construction contract will result in the expenditure of an amount not to exceed $2,381,598.50. RECOMMENDATION: City Staff recommends approval of the construction contract with Clark Pipeline Services in the amount of $2,381,598.50 for the Padre Island Water Line and Gas Line Extension project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation PROJECT BUDGET PADRE ISLAND WATER SUPPLY FUNDS AVAILABLE: Water CIP (2013-2014) $11,119,500 Gas CIP (2013-2014) 2,500,000 Prior MIS Operating 65,581 Gas CIP (2014-2015) 1,000,000 TOTAL FUNDS AVAILABLE $14,685,081 FUNDS SPENT IN PHASE ONE: Construction Fees Water Line Construction Allocation $4,051,211 Gas Line Construction Allocation 2,113,581 MIS Conduit Construction Allocation 1,143,538 Construction Total $7,308,331 Contingencies (10%) 730,833 Consultant Fees Engineer Design (Urban Engineering) " 597,216 Geotechnical Testing (Kleinfelder)** 70,000 Construction Materials Testing (Kleinfelder) 19,500 Reimbursements Administration/Finance (Capital Programs/Capital Budget/Finance) 109,625 Engineering Services (Project MgmtlConstr Mgmt) 255,792 Misc 36,542 TOTAL $9,127,838 PROJECT BUDGET BALANCE AFTER PHASE ONE $5,557,243 FUNDS REQUIRED FOR PHASE 2 Construction Fees Construction (Clark Pipeline Services) $2,381.599 Contingency (10%) 238,160 Consultant Fees Gas Line Design Fees (Urban Engineering, Amendment No. 3)*** ......................,,.,., 141,323 Water Line Design Fees (Urban Engineering, Amendment No. 4) 46,500 Material Testing and Geotechnical Services (Estimate) 10,000 Construction Observation 85,000 Reimbursements Administration/Finance (Capital Programs/Capital Budget/Finance) 23,816 Engineering Services (Project Mgmt/Constr Mgmt) 83.356 Miscellaneous 11.908 TOTAL OF PHASE 2 $3,021,661 PROJECT BUDGET BALANCE AFTER PHASE 2 $2,535,582 *Consultant Engineer Design Contract approved administratively November 5, 2010 in the amount of $49,870 with Urban Engineering; amended June 21, 2011 by Motion No. 2011-134 in the amount of $364,370; and amended February 26, 2013 by Motion No. 2013-037 in the amount of $182,976. **Testing Contract awarded October 23, 2012 to Kleinfelder, by Motion No. 2012-186 ***Gas Line Engineer Design Contract approved July 8, 2014 by Motion No. 2014-085 in the amount of $141,323 with Urban Engineering. LOCATION MAP NOT TO SCALE Project Location b. Project #: El0 Padre Island Water Line and Gas Line Extension CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI TEXAS DEPART 1ENT OF CAPITAL PROGRAMS PAGE 1 OF 1 Padre Island Water Line and Gas Line Extension Corpus Chr. sti Capital Programs Council Presentation May 26, 2015 Project Scope Corpus Chr'sti Capital Programs Construction Project extending the Water Transmission Line and Gas Pipeline by open trenching, horizontal directional drilling (HDD) from the JFK Causeway Bridge Landing to approximately Aquarius Street. ➢ 18 -inch PVC water transmission line ➢ Provides redundant water supply to Padre Island service area ➢ 8 -inch steel gas line ✓ Connects the island to the City's main supply source ✓ City forces will connect the high pressure pipeline to the existing infrastructure ➢ 4 -inch MIS conduit for future services ➢ Construction Contract Award: ✓ Clark Pipeline Services, Corpus Christ, TX ✓ $2,381,598.50 ❖ Previous phase for the 3 -mile crossing of the causeway extending the same pipelines from Laguna Shores Road to the JFK Landing was completed in December 2014 Project Scope Corpus Chr sti Capital Programs Padre Island Water Line and Gas Line Extension 3 Project Schedule Corpus Chr sti Capital Programs 2015 Mar Apr May Jun Jul Aug Sep Oct Bid & Award Construction Construction Estimate: 120 Calendar Days = 4 months Projected Schedule reflects City Council award of construction in May 2015 with anticipated construction substantial completion by October 2015. AGENDA MEMORANDUM Future item for the City Council Meeting of May 26, 2015 Action item for the City Council Meeting of June 9, 2015 DATE: April 26, 2015 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 CAPTION: Engineering Construction Contract Programmed Waterline Service Life Extension for Citywide Distribution Repair and Replacement Indefinite Delivery/Indefinite Quantity (ID/IQ) Procurement Motion authorizing the City Manager, or designee, to execute a construction contract with Clark Pipeline Services of Corpus Christi, Texas in the amount of $2,300,000 for the Programmed Waterline Service Life Extension for Citywide Distribution Repair and Replacement — Indefinite Delivery/Indefinite Quantity (ID/IQ) Procurement for the total base bid. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute the construction contract with Clark Pipeline for the Programmed Waterline Service Life Extension for Citywide Distribution Repair and Replacement — Indefinite Delivery/Indefinite Quantity (ID/IQ) Procurement for the total base bid. BACKGROUND AND FINDINGS: The City initiated Programmed Water Line Service Life Extension Project to provide a strategic lifecycle program replacement and extension of the City's water distribution system (1,368 miles). This program supports the City's Street Preventative Maintenance Program (SPMP) and other lifecycle needs. The City awarded the A/E contract to Urban Engineering to prepare construction bidding documents. The construction contract method of award is an Indefinite Delivery/Indefinite Quantity (ID/IQ). This IDIQ provides for multiple delivery orders (Dos) — "work orders" based on unit bid prices. This allows real time construction scoping with fixed unit prices. This project includes removal and abandonment of existing waterlines with installation of new waterlines by open trenching, pipe bursting, horizontal directional drilling, boring, new fire hydrants, valves, fittings, pavement repair, and other miscellaneous items. On March 25, 2015, the City received proposals from three (3) bidders as follows: Contractor Base Bid Clark Pipeline Services Corpus Christi, Texas $2,636,118.44 Palacios Marine and Industrial Coating, Inc. Palacios, Texas $2,907,082.00 National Power Rodding Corporation Chicago, Illinois $3,808,100.15 Each contractor provided unit prices for typical repair activities which will be used for delivery orders to allow the most cost effective repairs for each area. The City's consultant, Urban Engineering, conducted a bid analysis of the three (3) proposals and determined that the lowest responsible bidder based on the Total Base Bid is Clark Pipeline Services of Corpus Christi, Texas. Based on the information submitted, Clark Pipeline Services has the experience and resources to complete the project. The total construction award of $2,300,000 is based on available Project funds and being awarded to Clark Pipeline Services base on their unit prices for the work orders. All work will be executed with multiple indefinite quantity delivery orders in accordance with the plans, specifications, and contract documents. The construction contract will be for a one-year base term (12 -calendar months), with the option to extend for two (2) 1 -year (12 -calendar months) extensions based on available funding. Staff may administratively exercise the options if the contractor is responsive and the work of a quality sufficient to continue the contract. ALTERNATIVES: 1. Authorize execution of the construction contract. (Recommended) 2. Do not authorize execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT Fiscal Year 2014-2015 Project to Date Expenditures Current Year Future Years TOTALS Budget $0.00 $7,419,900.00 $0.00 $7,419,900.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 $0.00 This item $0.00 $2,300,000.00 $0.00 $2,300,000.00 Future Anticipated Expenditures This $0.00 $398,790.00 $0.00 $398,790.00 Project BALANCE $0.00 $4,721,110.00 $0.00 $4,721,110.00 Fund(s): Water CIP #1 RECOMMENDATION: City staff recommends that the construction contract be awarded to Clark Pipeline Services of Corpus Christi, Texas in the amount of $2,300,000 for the Programmed Waterline Service Life Extension for Citywide Distribution Repair and Replacement — Indefinite Delivery/Indefinite Quantity (ID/IQ) Procurement for the total base bid. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation PROJECT BUDGET Programmed Waterline Service Life Extension for Citywide Distribution Repair and Replacement Indefinite Delivery/Indefinite Quantity (IDIQ) Procurement FUNDS AVAILABLE: Prior CIP Funds $4,919,900 Water CIP FY 2014-2015 2,500,000 TOTAL $7,419,900 FUNDS REQUIRED: Construction (Clark Pipeline Services) $2,300,000 Engineer Fees: Design Engineer (Urban Engineering*) 39,100 Design Engineer Amendment No. 1 (Urban Engineering) 228,440 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) 31,250 Engineering Services (Project Mgmt/Constr Mgt and Observation) 87,500 Miscellaneous 12,500 TOTAL $2,698,790 ESTIMATED PROJECT BUDGET BALANCE $4,721,110 *Urban Engineering was selected as Engineer of this project through RFQ No. 2012-03 Bond Issue 2012 and CIP Projects. PROGRAMMED WATERLINE SERVICE LIFE EXTENSION FOR CITYWIDE DISTRIBUTION REPAIR AND REPLACEMENT INDEFINITE DELIVERY / INDEFINITE QUANTITY CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS 11017111115111 Corpus Chr sti Capital Programs Programmed Waterline Service Life Extension for Citywide Distribution Repair and Replacement Indefinite Delivery/Indefinite Quantity (ID/IQ) Council Presentation May 26, 2015 Project Scope Corpus Chr'sti Capital Programs Strategic Lifecycle Program of the City Water Distribution System ➢ Work includes abandonment, replacement, rehabilitation of existing water lines by open cut and boring ➢ Additional work includes valves, fire hydrants, pavement and sidewalk rehabilitation and other miscellaneous items ➢ Contract method is multi-year IDIQ for real time development of multiple Delivery Orders (Dos) — "Work Orders" based on contract unit prices ➢ Construction budget/award $2.3 million per year ➢ Contractor: Clark Pipeline Services, Corpus Christ, TX Project Scope Corpus Chr'sti Capital Programs Project Schedule Corpus Chr'sti Capital Programs 2015 2016 Feb Mar Apr May Bid & Award Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Construction Construction Estimate: 365 Calendar Days = 1 Year (with Two (2) Option Years) Projected Schedule reflects City Council award of construction in May 2015 with anticipated construction completion by May 2016 for base contract. AGENDA MEMORANDUM Future Item for the City Council Meeting of May 26, 2015 Action Item for the City Council Meeting of June 9, 2015 DATE: May 8, 2015 TO: Ronald L. Olson, City Manager FROM: Dan M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Resolution authorizing the City Manager or designee to enter into outside city limit water contracts for properties in Sun George Village Subdivision CAPTION: Resolution authorizing the City Manager or designee to enter into outside city limits water contracts with the property owners in the Sun George Village Subdivision to provide public water to their respective properties pursuant to Section 55-113, City Code of Ordinances. PURPOSE: The City Council is required to approve the outside city limits water contract before the contract for such service can become effective. The City Manager or designee is authorized to execute water service contracts. RECOMMENDATION: Approval of the resolution authorizing the City Manager or his designee to enter into outside city limits water contracts with property owners of up to 41 lots in the Sun George Village Subdivision to provide public water to their respective properties located outside the city limits pursuant to Section 55-113 of the City Code of Ordinances. Several of the water contracts will be with Mostaghasi Enterprises, Inc., the developer of the subdivision. BACKGROUND AND FINDINGS: Section 55-111 of the Code of Ordinances requires a written service contract between the City and all owners and record mortgagees and lienholders of such property. The property owner, Mostaghasi Enterprises, Inc., is currently building homes on several tracts of land outside the city limits. Mostaghasi Enterprises, Inc. own properties known as Sun George Village, Block 1, Lot 2; Block 2, Lots 2, 5 & 6; and Block 4, Lot 11. When Sun George Village subdivision was constructed, public waterline was extended to the area and made available to the properties within Sun George Village. In order to obtain public water, the property owners must comply with the following requirements: a. Enter into a written service contract with the City; b. Submit plans that are in compliance with all city codes and obtain all city permits as if the property were within the City limits; and c. Allow inspections of all such construction. Mostaghasi Enterprises, Inc. has submitted construction plans to the City for review. Water connection will not be approved until after the water service contract has been approved and recorded in the Nueces County records. Pursuant to the requirements of the water service contract, construction may only occur in compliance with City regulations, including construction permit requirements, as though the property were inside the City Sun George Village was approved by the Planning Commission on August 13, 2014 and recorded in the Nueces County map records on March 31, 2015. Sun George Village is located north of FM 2444, east of County Road 41 and approximately 2.5 miles east of State Highway 286. (See Exhibit A — Location Map) As part of the development of the subdivision, a waterline was extended from Country Creek Estates to the subdivision in order to provide public water to the proposed lots. Sun George Village contains 41 lots. In accordance with Section 55-113 of the Code of Ordinances, the Council would be required to approve each contract for all of properties. In order to expedite the contracts and not bog down the Council with all of these contracts, Staff recommends that the Council authorize the City Manager or his designee to execute the remaining water service contracts. The future contracts for the properties within Sun George Village would not differ much from the contract with Mostaghasi Enterprises, Inc. (See Exhibit B) Staff recommends the City Council approve authorizing the City Manager or designee to enter into outside city limits water contracts with the property owners to provide public water to their property located outside the city limits. ALTERNATIVES: Annexation of the property OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Section 55-111 of the City Code requires City Council approval of outside -City -limits water contracts. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Z Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Exhibit A — Location Map Exhibit B — OCL Water Contract Resolution Resolution Authorizing the City Manager or designee to enter into outside city limits water contracts with the property owners in the Sun George Village Subdivision to provide public water to their respective properties pursuant to Section 55-113, City Code of Ordinances BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The City Council authorizes the City Manager or his designee to enter into outside city limits water contracts with property owners of up to 41 lots in the Sun George Village Subdivision to provide public water to their respective properties located outside the city limits pursuant to Section 55-113 of the City Code of Ordinances. ATTEST: THE 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 Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Lucy Rubio Brian Rosas Mark Scott Carolyn Vaughn [SUN GEORGE VILLAGE] CITY LIMIT LINE d' E HIBIT A , 0.045 ,,• 018 Legend Printing Date: 05/04/2015 Prepared By: MSS Illustrative purposes only. Coordinate System: NAD 1983 StatePlane Texas South FIPS 4205 Feet @ City of Corpus Development Services Corpus Christi Bay Corpus Christi Bay LOCATION MAP WIN City • STANDARD FORM CONTRACT FOR PROVIDING WATER WHERE PROPERTY IS SITUATED PARTLY OR WHOLLY BEYOND CITY LIMITS STATE OF TEXAS § COUNTY OF NUECES THIS CONTRACT AND AGREEMENT made and entered into an original by and between, Mostaghasi Enterprises, Inc., (Owner), whose address is 3701 Cimarron Boulevard, Corpus Christi, Texas, 78414 and the City of Corpus Christi, Texas ("City"), a home rule city of more than 250,000 population, a municipal corporation and body politic under the laws of the State of Texas, of 1201 Leopard Street, Corpus Christi, Texas 78401, County of Nueces, State of Texas, for good and valuable consideration in hand received by the parties respectively and upon the covenants and conditions hereafter stated: WITNESSETH: I. Owner is owner in fee simple and of all existing rights, titles and interests therein of all the following described property located in Nueces County, Texas, which is situated partly or wholly beyond the corporate limits of the City of Corpus Christi, and further, the property is not principally used for port -related industry, as defined by Section 55-111, as amended, Code of Ordinances, City of Corpus Christi, and is generally delineated on the map attached to this contract and marked "Exhibit A" and being more particularly described as follows, to -wit: Sun George Village, Block 4, Lot 11, also commonly known by its street address as 2018 Hyacinth Drive. II. City agrees to deliver City water to such property or to waterlines on the property, under rules and regulations promulgated and authorized by Sections 55-111 as amended, of the Code of Ordinances, City of Corpus Christi. III. Owner agrees to construct all improvements on such property under all City codes and regulations and to obtain all City technical construction permits as though the property were inside the City. Owner consents to inspections of all of such construction of duly authorized inspectors or representatives of City departments charged with enforcement of the codes and regulations. Owner agrees that, as to any improvements, the applicable codes and regulations are those codes and regulations that are in effect at the time of commencement of the improvements. IV. All connections to the City water system are subject to the same rules and regulations regarding standards of delivery of water service, including installation and disconnections for failure to pay charges, as consumers within the City limits. Page 1 of 3 V. IT IS AGREED by and between the parties hereto that all of the above conditions shall be binding upon the successors and assigns of the said Owner and each of them, if multiples, and constitutes a covenant running with the land. WITNESS OUR HAND this day of , 2015. OWNER: Mostaghasi Enterprises, Inc. Hossein Mostaghasi President STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on this the day of 2015, by Hossein Mostaghasi, President, Mostaghasi Enterprises, Inc. Notary Public, State of Texas Page 2 of 3 City of Corpus Christi: ATTEST: By: By: Rebecca Huerta Daniel M. Grimsbo, P.E., Director City Secretary Development Services Department STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on this day of 2015, by Rebecca Huerta, City Secretary, of the City of Corpus Christi, a Texas home -rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on this day of 2015, by City Manager or designee, of the City of Corpus Christi, a Texas home -rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas APPROVED AS TO FORM: day of , 2015. Julian Grant Senior Assistant City Attorney for the City Attorney K:\DEVELOPMENTSVCS\SPECIAL SERVICES\APPLICATIONS FOR LAND SUBDIVISION\SUN GEORGE VILLAGE \1 - LAND DEVELOPMENT\3. WATER CONTRACT MATER SERVICE CONTRACT.BLOCK 4, LOT 11.2018 HYACINTH DR.DOC Page 3 of 3 CITY LIMIT LINE LOT 11, BLOCK 4 SUN GEORGE VILLAGE o) IJ 6 E HIBIT S— T41 1 E=S S T — II A / 0.045 ,,• 018 Legend Printing Date: 05/04/2015 Prepared By: MSS Illustrative purposes only. Coordinate System: NAD 1983 StatePlane Texas South Fl PS 4205 Feet @ City of Corpus Development Services Corpus Christi Bay Corpus Christi Bay LOCATION MAP WIN City • AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of May 26, 2015 Second Reading Ordinance for the City Council Meeting of June 9, 2015 DATE: 4/24/15 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 amendment FY 14-15 Approval of grant award and appropriation of funds CAPTION: Ordinance authorizing the City Manager, or his designee, to execute all documents necessary to accept and appropriate additional funding in the amount of $88,902.00 to the current contract amount of $963,369.00 for a total grant in the amount of $1,052,271.00 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 the grant to begin as of January 1, 2015. PURPOSE: The Women's, Infant and Children's Grant allows the Health District WIC division 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. DACKGROUND 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 item approves an amendment to the current contract with the Department of State Health Services appropriating additional funding 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 contract (Contract #2015-047290-001A) will begin on 1/01/2015 through 09/30/2015. No matching funds required. ALTERNATIVES: No additional funding for 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 DEPARTMENTAL 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 Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,052,271 $1,052,271 Encumbered / Expended Amount This item BALANCE $1,052,271 $1,052,271 Fund(s):1066 Comments: No matching funds required. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance 2015- NSS/WIC Local Agency Contract Amendment Ordinance authorizing the City Manager, or his designee, to execute all documents necessary to accept and appropriate additional funding in the amount of $88,902.00 to the current contract amount of $963,369.00 for a total grant in the amount of $1,052,271.00.00 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 the grant to begin as of January 1, 2015. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, or his designee, is authorized to execute all documents necessary to accept and appropriate additional funding 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, in the amount of $88,902.00 to the current contract amount of $963,369 for a total grant in the amount of $1,052,271.00 (Contract #2015- 047290-001A). Section 2. The City Council ratifies acceptance of the additional funding to t h e grant to begin as of January 1, 2015. 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 , 2015, by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Brian Rosas Mark Scott Lucy Rubio That the foregoing ordinance was read for the second time and passed finally on this the day of , 2015, by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Brian Rosas Mark Scott Lucy Rubio PASSED AND APPROVED, this the day of , 2015. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor DEPARTMENT OF STATE HEALTH SERVICES Amendment The Department of State Health Services (DSHS) and CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) (Contractor) agree to amend the Program Attachment # 001 (Program Attachment) to Contract # 2015-047290 (Contract) in accordance with this Amendment No. OO1A : NSS/WIC LOCAL AGENCY, effective 01/01/2015 . The purpose of this Amendment is due to rate increase effective 1/1/15; which also requires additional funding than initially established on initial contract. This Amendment has a retroactive effective date because: Initial FY15 contract was in Mailed status in Source previously and has recently been executed by all parties - 02/24/15; which will now allow an amendment to be created in Source screen. It is mutually agreed by and between the contracting parties to amend the terms and conditions of Document No. 2015-047290 as written below. 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. Therefore, DSHS and Contractor agree as follows: Change Program Attachment Number as follows: PROGRAM ATTACHMENT NO. -004 OO1A SECTION.VII. BUDGET is revised as follows: Total reimbursements will not exceed: -$963469700 $1,052,271.00. 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 $12.71 $13.23 for each participant served as defined above. Page - 1 of 2 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 the Contract and the terms of this Amendment, this Amendment shall control. Department of State Health Services Contractor Signature of Authorized Official Signature of Authorized Official Date: Date: Evelyn Delgado Name: Assistant Commissioner for Family and Title: Community Health Services 1100 WEST 49TH STREET Address: AUSTIN, TEXAS 78756 512.776.7321 Evelyn.Delgado@dshs.state.tx.us Phone: Email: Page -2of2 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of May 26, 2015 Second Reading for the City Council Meeting of June 9, 2015 DATE: April 27, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 First Reading Ordinance - Closing a utility easement located north of South Padre Island Drive and east of Admiral Drive CAPTION: Ordinance abandoning and vacating a 1,450 -square foot portion of an existing 10 -foot wide utility easement out of a part of Lot 8, and Lots 15-17, Block J, Flour Bluff Estates, located north of the South Padre Island Drive (SH 358) state right-of-way, and east of the Admiral Drive public street right-of-way; and requiring the owner, Blue Sand Development, LLC. 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 property. BACKGROUND AND FINDINGS: Blue Sand Development, LLC. (Owner) is requesting the abandonment and vacation of a 1,450 -square foot portion of an existing 10 -foot wide utility easement out of a part Lot 8, and Lots 15-17, Block J, Flour Bluff Estates, located north of the South Padre Island Drive (SH 358) state right-of-way, and east of the Admiral Drive. The abandonment and vacation of the utility easement is being requested in conjunction with the final plat of Lot 8A, Block J, Flour Bluff Estates. 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 Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: 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. e. Failure to comply with all the conditions outlined in this Ordinance within the specified time frame will hereby make the Ordinance null and void. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Aerial Map Presentation Ordinance abandoning and vacating a 1,450 -square foot portion of an existing 10 -foot wide utility easement out of a part of Lot 8, and Lots 15- 17, Block J, Flour Bluff Estates, located north of the South Padre Island Drive (SH 358) state right-of-way, and east of the Admiral Drive public street right-of-way; and requiring the owner, Blue Sand Development, LLC., to comply with the specified conditions. WHEREAS, Blue Sand Development, LLC. (Owner) is requesting the abandonment and vacation of a Lot 8, and Lots 15-17, Block J, Flour Bluff Estates; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 1,450 -square foot portion of an existing 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 Blue Sand Development, LLC. ("Owner"), a Lot 8, and Lots 15-17, Block J, Flour Bluff Estates, located north of the South Padre Island Drive (SH 358) state right-of-way, and east of the Admiral Drive public street right-of- way, as recorded in Volume 8, Pages 1-2, 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 are field notes maps, 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. e. Failure to comply with all the conditions outlined in this Ordinance within the specified time frame will hereby make the Ordinance null and void. 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 Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the ATTEST: Rebecca Huerta City Secretary day of , 20 Nelda Martinez Mayor Exhibit A 0.033 Acres STATE OF TEXAS COUNTY OF NUECES Job No. 42951.B4.01 January 27'h, 2015 Fieldnotes, for 0.033 Acres, 10.00 foot wide utility easement closure (not based on an on -the -ground survey), over and across, Lots 8, 15-17, Block J, Flour Bluff Estates, a map of which is recorded in Volume 8, Pages 1-2, Map Records of Nueces County, Texas; said 0.033 Acres being more fully described by metes and bounds as follows: Commencing, at a 1 inch iron pipe found, on the Southeast Right -of -Way of Admiral Drive, a public roadway, the West corner of Lot 8, said Block J, for the North corner of Lot 9, said Block J; Thence, South 60°58'00" East, with the Northeast line of Lots 9-12, said Block J, the Southwest line of the said Lot 8, 190.00 feet and; North 29°02'00" East, 5.00 feet, to the Point of Beginning and West corner of this tract; Thence, North 29002'00" East, 145.00 feet, to the Southwest line of Lot 7, said Block J, the Northeast line of the said BIock J and for the North corner of this tract; Thence, South 60°58'00" East, at 5.00 feet, pass the South comer of the said Lot 7, the West corner of Lot 18, said Block J, in all I0.00 feet, to the East corner of this tract; Thence, South 29°02'00" West, at 50.00 feet, pass the Southwest line of the said Lot 17, the Northeast line of the said Lot 16, at 100.00 feet, pass the Southwest line of the said Lot 16, the Northeast line of the said Lot 15, in all 145.00 feet, to the South corner of this tract; Thence, North 60°58'00" West, 10.00 feet, to the Point of Beginning, containing 0.033 acres (L450 Square Feet) of land, more or less. Bearings are based on the recorded plat of Flour Bluff Estates, a map of which is recorded in Volume 8, Pages 1-2, Map Records of Nueces County, Texas. Unless this lieldnotes 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 a..sa S b4295I1&1O11OFFICEIMETES AND BOUNDSIFN_IOUECIosure doc Page 1ell (361)854-3101 '. DAN L: UFBAN, :710 qo Jr URBAN ENGIN RING 2725 SWANTNER ijsa. • CORPUS CHRISTI,TEXAS i84Cx4 www.urbaneng.com TBPE Firm #145 TBPLS Firm #10032400 Dan L. Urban, R.P.L.S. License No. 4710 FAX (361)854-6001 Paint of Commencement 9 ec froiJO4r gin \\ ares o f Nv m.9s /zif F Stu Cor 1?� ce(es Cly os, 50 0 40 80 1'-40' UNE SEARING DISTANCE 56018.00.E 10,00'_ _11 L2 N6058.00'w 10,00' s \ -E' Gy .0 Point of Beginning Exhibit B Sketch to Accompany FlELONOTES for 0.033 Acres, 10.00 foot wide utility easement closure (not based on an on—the—ground survey), over and across, Lots 8, 15-17, Block J. Flour Bluff Estates, a map of which is recorded in Volume 8, Pages 1-2, Map Records of Nueces County, Texas. ©ATE: Jan. 28 2015 SCBE: 1'-40'F JOB NO.: 42951.84.01 SHEET: 1 of 1 DRAWN BY: RLG u rbansurveyl Durban eng.com 02015 by Urban Engineering ENGINEERING --,.r .. 1.a ,.,U ,w111 .URBAN is o t125 IPE.W1001teNuilTV 7S164 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 26, 2015 Action Item for the City Council Meeting of June 9, 2015 DATE: May 26, 2015 TO: Ronald L. Olson, City Manager THRU: Wes Pierson, Assistant City Manager FROM: Gabriel Maldonado, Interim Procurement Manager gabrielm@cctexas.com (361) 826-3169 Dan Grimsbo, Director of Development Services dans@cctexas.com (361) 826-3595 Fred Segundo, Director of Aviation freds@cctexas.com (361) 289-0171 Appropriating Funds for and Amending the Service Agreement for Strategic Planning Services CAPTION: Ordinance appropriating $53,997 from the unreserved fund balance in the No. 4610 Airport Fund for the Airport's share of Goody Clancy Amendment No. 2 for strategic planning services project at Corpus Christi International Airport; and amending the FY2014-2015 Operating Budget adopted by Ordinance No. 030294 to increase expenditures by $53,997; authorizing the City Manager, or designee, to execute Amendment No. 2 to a contract with Goody Clancy and Associates Inc., of Boston, Massachusetts in the amount of $72,835 for a re- stated fee not to exceed $1,409,641 for Strategic Planning Services. PURPOSE: Amendment No. 2 will allow Goody Clancy to develop an Ordinance to establish an Airport Zoning Commission (AZC) and prepare draft Airport Zoning Regulations to regulate compatible land use around airfields in Corpus Christi. The establishment of AZC and Airport Zoning Regulations was identified as a high priority zoning strategy in the Naval Air Station (NAS) Corpus Christi Joint Land Use Study (JLUS) adopted by the City Council. BACKGROUND AND FINDINGS: The NAS Corpus Christi Joint Land Use Study (JLUS) is a collaborative planning effort led by the City of Corpus Christi in partnership with NASCC and Nueces County. The JLUS was undertaken in an effort to guide planning and development in the areas surrounding NASCC's Truax Field, Cabaniss Field, Waldron Field and Corpus Christi International Airport (CCIA). The Texas Local Government Code Chapter 241 allows jurisdictions to create a zoning board or commission to regulate land uses within a specific geographic area identified as the Controlled Compatible Land Use Areas in and around airfields. The City of Corpus Christi established a Joint Airport Zoning Board (JAZB) in May 1, 1957, but it has not been active since 1992. On September 19, 2014, City and Airport staff made a presentation to City Council that recommended the establishment and implementation of the AZC in lieu of reconstituting the JAZB. Council provided direction to City and Airport Staff to pursue the establishment and implementation of the AZC. Local Government Code Chapter 241 allows the Planning Commission to be designated as the AZC. On February 18, 2014, the City awarded a service agreement for Strategic Planning Services to Goody Clancy and Associates to assist with the PIanCC initiative. Since the work being done by Goody Clancy on PIanCC is similar to the work on the AZC implementation, City Staff contacted Goody Clancy for scope of work and cost for AZC implementation. On April 1, 2014 Goody Clancy delivered the final scope of work and cost. Option B of the scope of work included worked required for NASCC's Truax Field, Cabaniss Field, Waldron Field and Corpus Christi International Airport (CCIA). Work to be performed includes: preparing Ordinance to establish AZC; review of all regulatory requirements; drafting Airport Zoning Regulations; establishing Compatible Land Use zoning maps; and, creating Overlay District Regulations. The ending FY14 fund balance for the Airport Fund 4610 is $5,904,131, of which $3,840,649 is above our 25% minimum fund balance to maintain policy. In addition to the $53,997 being provided by the Airport Fund, the remaining balance of $18,838 will be provided from the City's General Fund Reserve Appropriation account. ALTERNATIVES: Reconstitute JAZB. OTHER CONSIDERATIONS: JAZB requires participation by at least two Texas political subdivisions. CONFORMITY TO CITY POLICY: This purchase conforms to all City policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Aviation Development Services FINANCIAL IMPACT: Operatin ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,064,224.19 $0 $1,064,224.19 Encumbered / Expended Amount $928,110.19 $0 $928,110.19 This item $72,835.00 $0 $72,835.00 BALANCE $63,279.00 $63,279.00 Fund(s): Airport Fund, General Fund Comments: RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Appropriating Funds for Goody Clancy Amendment 2 RFQ BI -0032-14 Amendment 1 RFQ BI -0032-14 Amendment 2 and Exhibit A Ordinance appropriating $53,997 from the unreserved fund balance in the No. 4610 Airport Fund for the Airport's share of Goody Clancy Amendment No. 2 for a strategic planning services project at Corpus Christi International Airport; amending the FY2014-2015 Operating Budget adopted by Ordinance No. 030294 to increase expenditures by $53,997; authorizing the City Manager, or designee, to execute Amendment No. 2 to the contract with Goody Clancy and Associates Inc., of Boston, Massachusetts, in the amount of $72,835 for a total restated fee not to exceed $1,409,641 for strategic planning services. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Funds in the amount of $53,997 are appropriated from the unreserved fund balance in the No. 4610 Airport Fund for the Airport's share of Goody Clancy Amendment No. 2 for strategic planning services project at Corpus Christi International Airport. The City Council finds that a grave public necessity exists, that amendment of the FY2014-2015 Operating Budget is both necessary and prudent to meet an unusual and unforeseen condition that could not have been included in the fiscal budget, and authorizes funds in the amount of $53,997 be appropriated from the unreserved fund balance in the No. 4610 Airport Fund in order to perform and complete the required services. SECTION 2. The FY2014-2015 Operating Budget, adopted by Ordinance No. 030294, is amended in accordance with this ordinance and the provisions of the Texas Local Government Code to increase expenditures by $53,997. SECTION 3. The City Manager, or his designee, is authorized to execute Amendment No. 2 to the existing contract with Goody Clancy and Associates, Inc., of Boston, Massachusetts, in the amount of $72,835 for a total restated fee not to exceed $1,409,641 for strategic planning services. 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 Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn PASSED AND APPROVED this the day of , 20 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Page 2 of 2 CITY OF CORPUS CHRISTI PURCHASING DIVISION Request For Qualification No.: B1-0032-14 Service Agreement Planning Services Agreement Amendment No.: 1 Amendment Date: April 23. 2015 The CITY OF CORPUS CHRISTI, TEXAS, hereinafter referred to as the City, and Goody Clancy & Associates, Inc., hereinafter referred to as the Contractor, do hereby make and enter into this Amendment which, together with the Contract and all other duly executed amendments, constitutes the entire agreement under the above - referenced Service Agreement between the City and the Contractor. This Amendment is made to the above -referenced service agreement and continuing through the end date of the above -referenced service agreement to remove $14,750.00 from the $200.000.00 budgeted for the potential Southside Area Development Plan and add it to the budget of the Corpus Christi Strategic Comprehensive Plan to be used as follows: TASK COST COMMENT Travel Expenses Meetings Expenses Trip March 25-27 CAC, Staff review $1,500 Based on actual amounts Trip April 7-9 CAC, Staff Council presentation rehearsal $1,000 Based on reservations Trip April 13-16 Council Workshop (April 14), Planning Commission workshop (April 15), possible Steering Committee 51,500 Based on reservations Trip May 8-9 Public Forum 51,500 Trip June TBD Planning Commission public hearing 51,500 Trip June/July TBD City Council public hearing $1,500 Trip June/July TBD Staff Training $1,500 TOTAL EXPENSES Trip expenses may be slightly lower ifPune/July schedule can be confirmed early for early booking, Shcl,OliO Labor Tasks Labor Cost Hours Revisions for Public Hearing Draft Graphics 52,000 16 Final materials for Forum Graphics 51,250 10 Final Document Revisions Graphics 51,500 16 TOTAL LABOR 54,750 42 TOTAL Labor + Expenses $19, 750 11. This Amendment is also made to the above -referenced service agreement and continuing through the end date of the above -referenced service agreement to remove an additional $10,000.00 from the $200.000.00 budgeted for the potential Southside Area Development Plan and add it to the budget of the Corpus Christi Strategic Comprehensive Plan to be used for additional outreach expenses for the contract between Kailo Communications Studio and Goody Clancy as follows: Caller -Times digital marketing - $2,000 Radio ads - $4,700 Labor - $3,300 The Contractor and the City agree to and shall abide by all terms and conditions of the original Contract and any amendments to that contract, to the extent they are not in conflict with the terms of this Amendment,. -F' gip. David Spillane Da Gdbriel Maldonado Date President :interim Procurement Manager Goody Clancy & Associates, Inc. City of Corpus Christi, Texas CITY OF CORPUS CHRISTI PURCHASING DIVISION Request For Qualification No.: BI -0032-14 Service Agreement: Planning Services Agreement Amendment No.: 2 Amendment Date: May 26, 2015 The CITY OF CORPUS CHRISTI, TEXAS, hereinafter referred to as the City, and Goody Clancy & Associates, Inc., hereinafter referred to as the Contractor, do hereby make and enter into this Amendment which, together with the Contract and all other duly executed amendments, constitutes the entire agreement under the above - referenced Service Agreement between the City and the Contractor. Upon approval of City Council, this Amendment is made to the above -referenced service agreement and continuing through the end date of the above -referenced service agreement: Increase consultant contract by $72,835.00 to provide the development of an Airport Zoning Commission (AZC) Ordinance with supporting Airport Zoning Regulations and Map Exhibits in support of integrated aviation strategic planning and land management governance as a supplement to the basic agreement per attached Exhibit A — Scope of Work. The Contractor and the City agree to and shall abide by all terms and conditions of the original Contract and any amendments to that Contract, to the extent they are not in conflict with the terms of this Amendment. olitc— David Spillane D e Gabriel Maldonado President Interim Procurement Manager Goody Clancy & Associates, Inc. City of Corpus Christi, Texas Date Cei) Stantec April 1, 2015 Page 1 of 2 Reference: Corpus Christi Airport Zoning Regulations EXHIBIT A SCOPE OF WORK 1. OVERVIEW 1.1 The City of Corpus Christi (Client) requests Stantec, to submit a proposal to prepare an ordinance that will repeal the existing Joint Airport Zoning Board and establish a new Airport Zoning Commission, prepare an Airport Zoning Regulation Ordinance, implementing Overlay District and associated maps. 1.2 This Scope of Work contains the description of the scope, meetings, schedule, time and expenses associated with preparing an ordinance to establish a new Airport Zoning Commission. The Scope of Work is separated into two parts for the development of the airport zoning regulations. The two parts as described below provide the City the ability to evaluate developing zoning regulations that would apply only to the commercial airport (Part A) and additional Overlay Districts to implement zoning regulations that would encompass the military airfields (Part B). Part A: Scope, schedule, time and expense for the preparation of an Airport Zoning Regulation Ordinance, Implementing Overlay District and associated maps for the Corpus Christi International Airport only. Part B: Scope, schedule, time and expense for the preparation of three Overlay Districts and associated maps for Trauax Field, Waldron Field, and Cabaniss Field to implement Airport Zoning Regulations. 2. SCOPE OF SERVICES 2.1 Planning Services for Part A 2.1.1 Stantec will prepare an ordinance that repeals the existing Nueces County — City of Corpus Christi Joint Airport Zoning Board and establishes a new Airport Zoning Commission. 2.1.2 Stantec will review relevant laws, regulations and guidance documents to ensure the ordinance is consistent with the intent of the regulations. These documents include, but are not limited to, Texas Statutes, the Texas Airport Compatibility Guidelines, FAA AC150/5200-33b, and FAA AC 150/5300-13A. Cd April 1, 2015 Page 2 of 6 Reference: Corpus Christi Airport Zoning Regulations 2.1.3 Stantec will identify the potential Controlled Compatible Land Use Area within the City limits, Nueces County, and San Patricio County. 2.1.4 Stantec will collect, map and analyze existing zoning, Airport Hazard Area, and land uses within the potential Controlled Compatible Land Use Area for the Corpus Christi International Airport. 2.1.5 Stantec will utilize the information collected in 2.1.1, 2.1.2, 2.1.3 and 2.2.4 to prepare a draft Airport Zoning Regulation Ordinance that regulates height and use of land within the controlled Compatible Land Use Area for the Corpus Christi International Airport. 2.1.6 Stantec will prepare a Corpus Christi International Airport compatible land use zoning map. 2.1.7 Stantec will prepare the implementing overlay district regulations and maps for the Controlled Compatible Land Use Area for the Corpus Christi International Airport that can be incorporated into the Unified Development Code. 2.1.8 Stantec will make any necessary revisions to the draft and final Airport Zoning Regulation Ordinance and Overlay District regulations after review and input from the City of Corpus Christi, the Corpus Christi International Airport, the Planning Commission and City Council and prepare final documents. Deliverables for Part A: • Draft and final ordinance repealing the existing Joint Airport Zoning Board and establishing a new Airport Zoning Commission. • Draft and final ordinance establishing airport zoning regulations for the Corpus Christi International Airport. • Draft and final Corpus Christi International Airport compatible land use zoning map. • Draft and final ordinance establishing an overlay district with a map in the Unified Development Code. Schedule for Part A: April 1, 2015 Page 3 of 6 Reference: Corpus Christi Airport Zoning Regulations • 7 Months 2.2 Planning Services for Part B 2.2.1 Stantec will collect, map and analyze existing zoning, Airport Hazard Area, Accident Potential Zone, Air Installations Compatible Land Use Zones, and land uses within the Controlled Compatible Land Use Area within the City limits for the Trauax Field, Waldron Field, and Cabaniss Field. 2.2.2 Stantec will utilize the information collected in 2.1.2, 2.1.3 of Part A and 2.2.1 to prepare a draft Airport Zoning Regulation Ordinance that regulates height and use of land within the Controlled Compatible Land Use Area for the Airport Trauax Field, Waldron Field, and Cabaniss Field. 2.2.3 Stantec will prepare an airport compatible land use zoning map that encompasses Trauax Field, Waldron Field, and Cabaniss Field. 2.2.4 Stantec will prepare the implementing overlay districts regulation and maps for the Controlled Compatible Land Use Area within the City limits that encompasses Trauax Field, Waldron Field, and Cabaniss Field that can be incorporated into the Unified Development Code. 2.2.5 Stantec will make any necessary revisions to draft overlay districts regulation after review and input from the City of Corpus Christi, Naval Air Station Corpus Christi, Planning Commission and City Council and prepare final documents. Deliverables for Part B: • Draft and final ordinance establishing airport zoning regulations for Trauax Field, Waldron Field, and Cabaniss Field. • Draft and final compatible land use zoning map for Trauax Field, Waldron Field, and Cabaniss Field. • Draft and final ordinance establishing overlay districts with associated maps in the Unified Development Code. Schedule for Part B: Cd April 1, 2015 Page 4 of 6 Reference: Corpus Christi Airport Zoning Regulations • 7 Months (Part B will be done concurrently with Part A) 2.3 Project Coordination and Meetings 2.3.1 Stantec will attend and coordinate one (1) project meeting with the City of Corpus Christi and the Corpus Christi International Airport to discuss the Airport Zoning Commission ordinance. This meeting will also serve as the project kickoff meeting. 2.3.2 Stantec will attend and coordinate up to three (3) project meetings with the City of Corpus Christi, the Corpus Christi International Airport and the Naval Air Station Corpus Christi for both Part A and Part B. 2.3.3 Stantec will attend public hearings consisting of one (1) City of Corpus Christi Planning Commission and two (2) City Council meetings for the adoption of the Airport Zoning Regulations for both Part A and Part B. 3. GENERAL CONDITIONS AND UNDERSTANDINGS 3.1.1 Part B can only be completed in conjunction with Part A. The total time/expenses for the project is $72, 835.00 (Part A = $53,997.00 + Part B =$18,838.00). 3.1.2 The City of Corpus Christi, the Corpus Christi International Airport and the Naval Air Station Corpus Christi will provide digital copies (ArcMap and/or DWG file format) of zoning data, parcel data, Accident Potential Zone data, Airport Hazard Areas data, and Air Installations Compatible Land Use Zone data. 4. STAFF ASSIGNED TO THE PROJECT The following staff is assigned to the Corpus Christi Airport Zoning Regulation Project: Ray Greer (RG), Lead Planner and Project Manager, Josh Philpott (JP), Senior Planner James Hale (JH), GIS Manager Jim A. Paulmann (JAP), Principal Larissa Brown (LB), Principal 5. FEE AND SCHEDULE FOR SCOPE OF SERVICES The Consultant proposes to provide the above Scope of Services for Part A and Part B for the development of the airport zoning regulations on a Time/Expense basis. April 1, 2015 Page 5 of 6 Reference: Corpus Christi Airport Zoning Regulations Part A: Scope, total hours and cost for the preparation of an Airport Zoning Regulation Ordinance, Implementing Overlay District and associated maps for the Corpus Christi International Airport. Part A Principal Project Manager Principal Senior Planner GIS Manager JAP RG LB JP JH $ 232.00 $ 157.00 $ 175.00 $ 146.00 $ 146.00 Airport Zoning Commission Ordinance 2.1.1 - Prepare draft ordinance establishing a new airport Zoning 1 12 1 8 0 2.1.2 - Review relevant laws, regulations and guidance documents 0 9 1 6 0 2.1.3 - Identify and evaluate the potential Controlled Compatible Land Use Area within the City limits, Nueces and San Patricio Counties 1 11 0 0 0 2.1.4 - Collect, Map and Analyze Data 1 8 1 1 25 2.1.5 -Prepare draft Airport Zoning Regulation Ordinance 5 30 5 20 0 2.1.6 - Prepare Compatible Land Use Zoning Map 1 7 1 1 20 2.1.7 - Prepare Overlay District Regulations and Maps 4 33 5 17 15 2.1.8 -Prepare any necessary revision to draft and prepare final documents 0 8 1 1 3 2.3.1 -Project Coordination and Meetings 0 24 2 0 0 2.3.2 -Attend Public Hearings 0 32 0 0 0 Task Hours: 13 174 15 r 40 r 63 Task Labor Cost Estimate: $3,016.00 $ 27,318.00 $2,625.00 $ 5,840.00 $ 9,198.00 13 174 15 40 63 Average Billing Rate: $ 232.00 $ 157.00 $ 175.00 $ 146.00 $ 146.00 Total Labor Cost Estimate: $3,016.00 $ 27,318.00 $2,625.00 $ 5,840.00 $ 9,198.00 Total Labor Cost: $ 47,997.00 Design with community in mind Task Subtotal $ 47,997.00 Non -Labor Cost Estimate for Travel Travel Expense for Option A (4 Trips) $ 6,000.00 Total Non -Labor Cost: $ 6,000.00 FEE ESTIMATE SUMMARY Total Labor Cost: Total Non -Labor Cost: Total Project Cost*: $ 47,997.00 $ 6,000.00 $ 53,997.00 April 1, 2015 Page 6 of 6 Reference: Corpus Christi Airport Zoning Regulations Part B: Scope, total hours and cost for the preparation of an airport zoning regulation implementing overlay districts and associated maps for Trauax Field, Waldron Field, and Cabaniss Field. Part B Travel Expense for Option A (3 Trips) Principal Project Manager Principal Senior Planner GIS Manager JAP RG LB JP JH $ 232.00 $ 157.00 $ 175.00 $ 146.00 $ 146.00 Airport Zoning Commission Ordinance 2.2.1 - Identify and evaluate the potential Controlled Compatible Land Use Area within the City limits, Nueces and San Patricio Counties 1 2 0 0 0 2.2.2 - Prepare draft Airport Zoning Regulation Ordinance 1 6 1 6 0 2.2.3 - Prepare Compatible Land Use Zoning Map 0 7 0 4 8 2.2.4 - Prepare Overlay District Regulations and Maps 1 8 1 6 6 2.2.5 - Prepare any necessary revision to draft and prepare final documents 0 4 1 2 3 2.3.2 - Project Coordination and Meetings 0 24 0 0 0 Task Hours: 3 51 3 18 17 Task Labor Cost Estimate: $ 696.00 $ 8,007.00 $ 525.00 $ 2,628.00 $ 2,482.00 Total Hours: 3 51 3 18 17 Average Billing Rate: $ 232.00 $ 157.00 $ 175.00 $ 146.00 $ 146.00 Total Labor Cost Estimate: $ 696.00 $ 8,007.00 $ 525.00 $ 2,628.00 $ 2,482.00 Total Labor Cost. $ 14,338.00 Design with community in mind Task Subtotal $ 14,338.00 Non -Labor Cost Estimate for Travel Travel Expense for Option A (3 Trips) $ 4,500.00 Total Non -Labor Cost: $ 4,500.00 FEE ESTIMATE SUMMARY Total Labor Cost: Total Non -Labor Cost: $ 14,338.00 $ 4,500.00 Total Project Cost*: L $ 18,838.00 AGENDA MEMORANDUM First Reading Item for the City Council Meeting of May 26, 2015 Second Reading Item for the City Council Meeting of June 9, 2015 DATE: April 20, 2015 TO: Ronald L. Olson, City Manager FROM: Fred Segundo, Director of Aviation FredS@cctexas.com (361) 289-0171 ext. 1213 Authorize funding for major terminal maintenance and improvement project at Corpus Christi International Airport from the Airport Fund Balance. CAPTION: Ordinance appropriating $183,000 from the unreserved fund balance in the No. 4610 Airport Fund for a major terminal maintenance and improvement project at the Corpus Christi International Airport; and amending the FY2014-2015 Operating Budget adopted by Ordinance No. 030294 to increase expenditures by $183,000. PURPOSE: One of the Aviation Department's Annual Business Plan Mission Elements is the maintenance of all facilities on airport property. There is a continual evaluation of the facilities and the most pressing items are identified for repairs and refurbishment as funding is allocated. Accordingly, the front terminal canopy requires major maintenance as no significant work has been done since the terminal opened in 2000. In addition, security enhancements to the terminal's TSA checkpoint are required to facilitate safety and security coverage. BACKGROUND AND FINDINGS: Airport staff has identified the refurbishment of the existing airport terminal entrance canopy and installation of additional Transportation Security Administration (TSA) Checkpoint security enhancements as a priority project. The project will help maintain the airport terminal's overall appearance and customer experience as well as enhance security features at the TSA checkpoint. Following is a summary of the project: • Refurbish the existing "wave" entrance canopy to remove rust, bird droppings and other grime. Clean, prep, repair and repaint all exposed structural steel members, beams, columns and metal trim. Perform a thorough cleaning of corrugated soffit areas, concrete support columns and matching concrete circular pilaster at the front exterior of terminal wall. Paint existing lighting fixtures and concrete columns. • Airport Staff will convert existing canopy light fixtures from incandescent to LED. • Installation of glass panel wall and sliding gates in and around existing TSA checkpoint to further enhance security consistent with established federal guidelines. The security enhancements will also facilitate more efficient use of TSA and Airport security personnel. In FY 2013-14, a rebate of $140,867 was issued to the Airport Fund from excess contribution to the Self Insurance Fund. Internal Aviation Department practice is to use one-time revenue sources for specific one- time expenditures. Staff is recommending use of the funds for the identified purpose. As a result of revisions and rebidding of the Engineering Department's Job Order Contract (JOC) Program, we were unable to complete the work in FY13-14. The canopy will be completed under the revised JOC program at a bid price of $138,047.50. The lighting retrofit will be done in-house at an estimated cost of $20,000. The checkpoint improvements are estimated at $25,000 based on bids received. In addition, the TxDOT RAMP Grant approved by Council on April 14, 2015 will reimburse up to $50,000 of the canopy maintenance project. The ending FY14 fund balance for the Airport Fund 4610 is $5,904,131, of which $3,840,649 is above our 25% minimum fund balance to maintain policy. ALTERNATIVES: No viable alternative exists to the recommended funding option. The Federal Aviation Administration (FAA) considers the work to be major maintenance and thus not eligible for federal funding. The only option would be to delay or defer the project which could cause further corrosion and deterioration of the canopy as well as continuation of the current TSA checkpoint practices. OTHER CONSIDERATIONS: Not Applicable EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal Financial Services Management and Budget FINANCIAL IMPACT: ® Operatin ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $8,253,929 $8,253,929 Encumbered / Expended Amount 0 0 This item (additional revenue) $183,000 $183,000 BALANCE $8,436,929 $8,436,929 Fund(s): Airport Fund - 4610 Comments: None RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance appropriating $183,000 from the unreserved fund balance in the No. 4610 Airport Fund for a major terminal maintenance and improvement project at the Corpus Christi International Airport; and amending the FY2014-2015 Operating Budget adopted by Ordinance No. 030294 to increase expenditures by $183,000. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Funds in the amount of $183,000 are appropriated from the unreserved fund balance in the No. 4610 Airport Fund for a major terminal maintenance and improvement project to be completed at the Corpus Christi International Airport. The City Council finds that a grave public necessity exists, that amendment of the FY2014-2015 Operating Budget is both necessary and prudent to meet an unusual and unforeseen condition that could not have been included in the fiscal budget, and authorizes funds in the amount of $183,000 appropriated as an emergency expenditure from the unreserved fund balance in the No. 4610 Airport Fund in order to perform and complete the required work. SECTION 2. The FY2014-2015 Operating Budget, adopted by Ordinance No. 030294, is amended in accordance with this ordinance and the provisions of the Texas Local Government Code to increase expenditures by $183,000. 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 Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of June 9, 2015 Second Reading for the City Council Meeting of June 16, 2015 DATE: May 19, 2015 TO: Ronald L. Olson, City Manager FROM: Dan M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at 5929 Wooldridge Road CAPTION: Case No. 0515-01 The Mostaghasi Investment Trust: A change of zoning from the "RS - 6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from low density residential to medium density residential uses. The property is described as being 7.782 acres out of Lots 21 and 22, Section 12, Flour Bluff and Encinal Farm and Garden Tracts, located along the south side of Durant Drive between Dewberry Drive and Dogtooth Court. PURPOSE: The purpose of this item is to allow construction of an apartment complex. RECOMMENDATION: Planning Commission and Staff Recommendation (May 6, 2015): Denial of the change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District to allow construction of an apartment complex. The proposed rezoning is within the Wooldridge Creek No. 12 subdivision adjacent to the Wooldridge Creek Apartments and near Blanche Moore Elementary School. The intent is to develop 160 apartments in addition to the 206 units due north of the subject property. The proposed rezoning and change to the Future Land Use Plan is not consistent with the Comprehensive Plan, which advises that apartments should be located with convenient access to an arterial street. Wooldridge Road is a collector that leads to Cimarron Road to the east and Staples Street to the west, which are arterial streets. However, the subject property does not have direct access to Wooldridge Road and it is a separate lot from the apartments to the north, also owned by the applicant. Therefore, limiting access to Wooldridge Road cannot be guaranteed. It is staff's opinion that the proposed rezoning would negatively impact the surrounding residential properties and the property to be rezoned is not consistent with the Future Land Use Plan's designation of the property as a low density residential use. Staff's opinion is that an apartment complex does not increase the residential desirability of this neighborhood, which is one of the findings required of the Comprehensive Plan when deciding which multifamily uses to allow within residential areas. ALTERNATIVES: 1. Approve the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for low density residential uses. The proposed zoning is not consistent with the adopted Future Land Use Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Z Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Presentation - Aerial Map Ordinance Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by The Mostaghasi Investment Trust ("Owner"), by changing the UDC Zoning Map in reference to 7.782 acres out of Lots 21 and 22, Section 12, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of The Mostaghasi Investment Trust ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, May 6, 2015, during a meeting of the Planning Commission, and on Tuesday, June 9, 2015, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by The Mostaghasi Investment Trust ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on 7.782 acres out of Lots 21 and 22, Section 12, Flour Bluff and Encinal Farm and Garden Tracts, located along the south side of Durant Drive between Dewberry Drive and Dogtooth Court (the "Property"), from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District (Zoning Map No. 043033), as shown in Exhibit "A" and Exhibit "B". Exhibit A, which is a metes and bounds of the Property, and Exhibit B, which is a map to accompany the metes and bounds description, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor 0515-01 Ordinance — The Mostaghasi Investment Trust Page 2 of 2 MURRAY BASS, JR , P.E.,R.P.L.S NIxON M. WELSH, P E, R.P.L.S. www.bass-welsh.com BASS & WELSH ENGINEERING F.Q. Box 6397 Corpus Christi, TX 78466-6397 ZONING DESCRIPTION STATE OF TEXAS § COUNTY OF NUECES § 3054 S. ALAMEDA, ZIP 78404 Pet. 361 882-5521— FAX 361 882. 1265 c -mail: murraviraaol.com c -mail: nismw(a iol.corn February 4, 2015 04008-M&B-Zoning.doc Description of a 7.782 acre tract of land, more or less, being a portion of Lots 21 and 22, Section 12, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume "A", Pages 41— 43, Map Records, Nueces County, Texas, said 7.782 acre tract of land as further described by metes and bounds as follows: BEGINNING at a point in the southwest right-of-way line of Durant Street at the northernmost corner of Lot 2, Block 2, BIanche Moore School Subdivision, as shown by plat recorded in Volume 52, Pages 67 and 68, said map records, said beginning point for the easternmost corner of the tract herein described; THENCE S29°00'00"W 553.69' along the northwest boundary line of said Lot 2, Block 2, Blanche Moore School Subdivision to a point for the southernmost corner of the tract herein described in the northeast right-of-way line of a 47.5' drainage right-of-way described by instrument recorded at Volume 1774, Page 209, deed records of said county; THENCE N60°57'30"W 585.14' along said northeast right-of-way Zine of drainage right-of-way to a point for the common westernmost corner of the tract herein described and southernmost corner of Lot 2H, Block 3, The Esplanade Unit I, a map of which is recorded in Volume 67, Pages 74 and 75, said map records; THENCE N29°00'00"E 623.25' along the southeast boundary of said Lot 2H to a point for the northernmost corner of the tract herein described in the southwest boundary line of Lot I, Block I, Wooldridge Creek Unit 13, a map of which is recorded in Volume 65, Page 69, said map records; THENCE 561°00'00"E 201.04' to a point in the northwest right-of-way line of Dewberry Street for northerly corner of the tract herein described at the beginning of a circular curve to the left having a central angle of 89°59'20", a radius of 70.00' and a chord bearing S16°00'20"E a distance of 98.99'; THENCE along the arc of said circular curve to the left, being along the westerly rights-of-way lines of Dewberry Street and Durant Street, a distance of 109.94' to a point in said southwest right-of-way line of Durant Street for northerly corner of the tract herein described; THENCE S61°00'00"E 314.10' along said southwest right-of-way line of Durant Street to the POINT OF BEGINNING, this description not being baseon an on -the -ground survey. Page 1 of 1 Exhibit "A" IXON M. WELSH, R.P.L.S. WOOLDRIDGE CREEK UNIT 13 BLK 1, LOT 1 V. 65, P. 69, H. R. S61' 00' 00' E 201. 04' LOT 21 v -CL DEWBERRY ST. /7 -CL DURANT ST. 561.00' O0' E 314. 10' 1=139'59' 20' R=70, 00' T=69. 99' L=109. 94' CB=S 16' 00' 20' E CH=98. 99' LOT 22 P❑RTI❑N LOTS 21 & 22, SECT. 12, FB & EF & GT, 7. 782 AC. S29' 00' 00' u Lap ix Z m O U0 Ma CUyN ,,J NO sliiP4 m a c) N N Fwvn 00 . -+o> 1 N60' SI 7' 30.4! 585. 14' + 47. 5' CITY DRAINAGE RIGHT- OF-WAY, V. 1774, P. 209, D. R. SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION 1' = 200' BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX COMP. NO. DB -ZONING JOB NO. 04006 SCALE: 1" - 200' PLOT SCALE: SAME PLOT DATE: 2/4/15 SHEET 1 OF 1 Exhibit "B" Aerial Overview Aerial Site Plan (Revised 5/19/15) EW r Reviwd Si lv Plan - Subminvd 5/19/15 1.,A;r1111 PLANNING COMMISSION FINAL REPORT Case No. 0515-01 HTE No. 15-10000023 Planning Commission Hearing Date: May 6, 2015 c o .) ami a J ao0 Applicant/Owner: The Mostaghasi Investment Trust Representatives: Jim Villaume Legal Description/Location: Being 7.782 acres out of Lots 21 and 22, Section 12, Flour Bluff and Encinal Farm and Garden Tracts, located along the south side of Durant Drive between Dewberry Drive and Dogtooth Court. From: "RS -6" Single -Family 6 District To: "RM -1" Multifamily 1 District Area: 7.782 acres Purpose of Request: To allow construction of an apartment complex. Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single -Family 6 Vacant Low Density Residential North "RM -1" Multifamily 1 and "RS -6" Single - Family 6 Medium Density, Low Density Residential and vacant Medium Density and Low Density Residential South PUD Low Density Residential and Drainage Corridor Low Density Residential and Drainage Corridor East "FR" Farm Rural Park Park West "RS -6" Single -Family 6 Vacant Professional Office o o E a o a5 Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for low density residential uses. The proposed zoning is not consistent with the adopted Future Land Use Plan. Map No.: 043033 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 420 feet of street frontage along Durant Drive, which is a local residential street. Local residential streets have a maximum desirable average daily trip of 500. The density of the desired zoning district would allow a maximum number of 169 apartments, which would generate approximately 1,120 average daily trips onto Durant Drive. Staff Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2011) Durant Drive Local Residential 50' ROW 28' paved 60' ROW 40' paved N/A Dewberry Street Local Residential 50' ROW 28' paved 60' ROW 40' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS -6" Single - Family 6 District to the "RM -1" Multifamily 1 District to allow construction of apartment housing. Development Plan: The proposed rezoning is within the Wooldridge Creek No. 12 subdivision adjacent to the Wooldridge Creek Apartments and near Blanche Moore Elementary School. The applicant is proposing a Phase II expansion of the Wooldridge Creek Apartments on the subject property. The intent is to develop 160 apartments in addition to the 206 units due north of the subject property. The applicant stated access to the subject property would be made through the existing apartment complex, which has main access on Wooldridge Road. A site plan has been submitted by the applicant to show the property access (as previously described) and a layout of the proposed apartment complex. The Unified Development Code limits commercial driveway access to the subject property from local streets Durant or Dewberry drives if the property were developed as an apartment complex. Existing Land Uses & Zoning: North of the subject property, across Durant Drive, are single-family homes in the "RS -6" Single -Family 6 District; also north of the subject property, but adjacent, is the Wooldridge Creek Apartments in the "RM -1" Multifamily 1 District. South of the subject property are single-family homes in a Planned Unit Development, which are separated from the property by a 95 -foot -wide drainage easement. East of the subject project is a dedicated park in the "FR" Farm Rural District, and west is vacant land in the "RS -6" Single -Family 6 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 Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "RM -1" General Commercial District is not consistent with the Southside ADP or the adopted Future Land Use Plan's designation of the property as low density residential. Additionally, the following are pertinent elements of the Comprehensive Plan and should be considered: - The placement of commercial activities at locations with good access and high visibility (Southside ADP Policy B.1). This subject property does not have access for commercial uses, such as an apartment complex. Staff Report Page 3 - 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 neighborhood (Comprehensive Plan, Commercial Policy Statement d). Plat Status: The subject property includes two tracts of land, which are not platted. Department Comments: • The proposed rezoning deviates from the Comprehensive Plan: o High-density apartment (more than 21 units per acre) developments produce a high level of activity and heavy traffic movement. To prevent this traffic from spilling onto residential streets, high-density apartments should be located with direct arterial access or along an interior access street designed specifically to collect apartment traffic and distribute it directly to an arterial without passing through a lower density residential area. o Each neighborhood of the city should be protected and/or improved so as to be a desirable and attractive residential environment. • It is staff's opinion that the proposed rezoning would negatively impact the surrounding residential properties and the property to be rezoned is not consistent with the Future Land Use Plan's designation of the property as a low density residential use. • A "RM -1" District would allow uses that could potentially increase traffic through residential areas on Durant and Dewberry drives, which are local residential streets. • Staff's opinion is that an apartment complex does not increase the residential desirability of this neighborhood, which is one of the findings required of the Comprehensive Plan when deciding which multifamily uses to allow within residential areas. • Staff does not recommend an apartment complex be developed on the subject property. Therefore, staff does not recommend a Special Permit be granted to allow the apartment complex. Planning Commission and Staff Recommendation: Denial of the change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District. Public Notification Number of Notices Mailed — 29 within 200 -foot notification area 7 outside notification area As of May 19, 2015: In Favor —0 inside notification area — 0 outside notification area In Opposition — 14 inside notification area — 86 outside notification area Totaling 32.66% of the land within the 200 -foot notification area in opposition. Staff Report Page 4 Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Site Plan -Revised 5/19/15 K:\DevelopmentSvcs\SHARED\ZONING CASES\2015\0515-01 The Mostaghasi Investment Trust (6101 Durant Dr) CASE: 0515-01 Zoning & Notice Area RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition SUBJECT PROPERTY LOCATION MAP ilk City of Corpus Christi BLDG YPE 2 BLBG OG BLDG 2 BLDG DG TYPE 2 BLDG TYPE 2 BLDG BL TYPE 2 BLDG TYPE 2 BLDG r TYPE 2 BUG YPE 2 BLDG Revised Site Plan - Submitted 5/19/15 ING TYPE EXISTING TYPE 3 BLDG DEKBERRY St, GASS k WELSH ENGINEERING PROPOSED APARTMENTS WOOLDRIDGE CREEK LN1T 13. BLOCK I. LOT 2 PRELIMINARY SITE PLAN mu AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of May 26, 2015 Second Reading for the City Council Meeting of June 9, 2015 DATE: May 7, 2015 TO: Ronald L. Olson, City Manager FROM: Dan M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at Property Address: 7321 South Staples Street (FM 2444) CAPTION: Case No. 0315-01 Doxa Enterprises, LP: A change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District, not resulting in a change to the Future Land Use Plan. The property to be rezoned is described as 0.826 acres out of Lots 7 and 8, Section 6, Flour Bluff and Encinal Farm and Garden Tract, located west of South Staples Street (FM 2444) and south of Henderson Street. PURPOSE: The purpose of this item is to rezone property to allow the commercial development of this property in conjunction with the property immediately to the north. RECOMMENDATION: Staff Recommendation: Approval of the rezoning to the "CG -2" General Commercial District. Planning Commission Recommendation (March 25, 2015): Denial of the rezoning to the "CG -2" General Commercial District and, in lieu thereof, approval of a rezoning to the "CN -1" Neighborhood Commercial District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "FR" Farm Rural District to the "CG -2" General Commercial District on 0.826 acres of vacant land. The applicant has no specific plans for development at this time but is rezoning this piece of land so that it can be developed at a later date in conjunction with the property immediately to the north. The rezoning is consistent with the Comprehensive Plan and the Southside Area Development Plan. The rezoning is compatible and maintains character with the adjacent uses to the north, south, east, and west, which include residential and commercial uses. The rezoning does not have a negative impact on the surrounding neighborhood. The subject property is physically separated from the single-family lots to the south by an alley within the Buckingham Estates subdivision. According to the applicant, the applicant met with members of the Buckingham Estates subdivision after the March 25th Planning Commission meeting. The neighborhood's concerns related to not wanting a dumpster within 50 feet of the residential property line, offensive lighting and signage. Staff understands that the applicant agreed to impose a deed restriction to limit the dumpster's location if the "CG -2" General Commercial District is approved. The applicant also discussed with the staff that the Unified Development Code limits the height of freestanding light poles to 15 feet if they are within 50 feet of a residential property and that the signage limitations do not differ between the "CG -2" General Commercial and "CN -1" Neighborhood Commercial zoning districts. ALTERNATIVES: 1. Approve the "CG -2" General Commercial District. 2. Deny the requested "CG -2" General Commercial District and, in lieu thereof, approve the "CN -1" Neighborhood Commercial District. 3. Deny the request for a commercial zoning district altogether. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The Comprehensive Plan and the Southside Area Development Plan (ADP) slate the subject property for commercial uses. The proposed change of zoning to the "CG -2" General Commercial District is consistent with the adopted Future Land Use Map, and meets the criteria of the Comprehensive Plan and ADP. EMERGENCY/NON-EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Z Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Presentation - Aerial Map Ordinance for "CG -2" General Commercial District Ordinance for "CN -1" Neighborhood Commercial District Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Doxa Enterprises, LP ("Owner"), by changing the UDC Zoning Map in reference to 0.826 Acres out of Lots 7 and 8, Section 6, Flour Bluff and Encinal Farm and Garden Tract, from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Doxa Enterprises, LP ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 25, 2015, during a meeting of the Planning Commission, and on Tuesday, May 26, 2015, 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 Doxa Enterprises, LP ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on 0.826 acres out of Lots 7 and 8, Section 6, Flour Bluff and Encinal Farm and Garden Tract, located west of South Staples Street (FM 2444) and south of Henderson Street (the "Property"), from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District (Zoning Map No. 045032), as shown in Exhibit "A" and Exhibit "B". Exhibit A, which is a metes and bounds of the Property and Exhibit B, which is a location map 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 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 Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor 0315-01 Ordinance — Doxa Enterprises, LP Page 2 of 4 LEGAL DESCRIPTION OM ACRE TRACT A 9.85 ACRE TRACT OF LAND 00`x' OF A 4,639 ACRE TRACT OF LAND AS RECORDED IN DOCUMENT NUMBER 2007021581, DEED RECORDS, NTUhCES COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING ata calculated mint for the most westerly corner of Lot 1B, Block I, Rogers Subdivision, as recorded in Volume 68, Page 54, Map Records, Nueets County, 'Texas, for the north earner of the (herein described tract; THENCE South 61"(12`33" East, with the south line of said Lot IB, a distance of 610.00 feet to the beginning u curve to the left with a radius of 10.00 feet, and a delta angle of 9O°00'00", For u corner of the herein described tract; THENCE in a northeasterly direction with said curve to the left, and the southerly litre of said Lot 113, an arc distance of 15.71 feet to a calculated point on the westerly right -of way line of South Staples Street for a corner of the herein described tract and a earner of said Lot 1R; THENCE South 28'57'27" West, with said westerly Zine of South staples street, same being the easterly Tine of said 4.689 acre tract, a distil MCe of 70_[)0 Feer .o a calculated point on the aforementioned westerly right-of-way line of South Staples Street, for the most sDuthcrly comer of the herein described tract and the most southerly corner of said 4.689 acre tri; THENCE North 61 °02'33- West, with south line of said 4.689 acre tract, a distance of 620.00 feet to a calculated pint for the west earner of the herein described tract and the west corner of said 4.689 acre tract THENCE North 2851'27" west, with west line of said 4439 acre tract, a distance of 60.70 fejt to the POINT OF BEGINNING and containing 37,221.5 square fiat or 0.85 acre of laird. NOTE: THIS DESCRIPTION WAS PREPARED HOUSE WITHOUT A FIELD SURVEY OF THE PROPERTY DESCRIBED HEREON AND IS FOR DESCRIPTIVE PURPOSES ONLY, ALL BEARINGS ARE BASED ON DEET( BEARINGS AS RECORDED IN DOCUMENT NUMBER 2,007021 81, DEED RECORDS, NIECES COUNTY, TEXAS. Stacey gMora, RPI:S Registered Professional Land Surveyor Texas Registration No_ 6166 Naismith I?ngincering, Inc_ TBPE F#355 TBPLSt1l00395-00 Date'1w,_, 9e14449Fle onrnglAM Lf—CAP.oeSCRrP TON 0.96 Air& PaceIdace Exhibit A 0315-01 Ordinance— Doxa Enterprises, LP 1 :•f1 Page 3 of 4 `SUBJECT PROP TY mea LOCATION MAP 1 City of .� Corpus Christi RS -6 SP/15-03 SUBJECT PROPERTY Date Created. 3/70/2015 Prepared By. feremym Department of Development Services CASE: 0315-01 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 06 Professional Offico RM -AT Multifamily AT CNA Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CRD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial iH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family R5-15 Single -Family 15 RE Residential Estate RS-TH Townhouse sp Special Permit RV Recreational Vehicle Park RMH Manufactured Home Exhibit B 0315-01 Ordinance — Doxa Enterprises, LP Page 4 of 4 Ordinance amending the Unified Development Code ("UDC"), upon application by Doxa Enterprises, LP ("Owner"), by changing the UDC Zoning Map in reference to 0.826 acres out of Lots 7 and 8, Section 6, Flour Bluff and Encinal Farm and Garden Tract, from the "FR" Farm Rural District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Doxa Enterprises, LP ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 25, 2015, during a meeting of the Planning Commission, during which the requested "CG -2" General Commercial District was denied, and on Tuesday, May 26, 2015, 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 Doxa Enterprises, LP ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on 0.826 acres out of Lots 7 and 8, Section 6, Flour Bluff and Encinal Farm and Garden Tract, located west of South Staples Street (FM 2444) and south of Henderson Street (the "Property"), from the "FR" Farm Rural District to the "CG -2" General Commercial District (Zoning Map No. 045032), as shown in Exhibit "A" and Exhibit "B". Exhibit A, which is a metes and bounds of the Property and Exhibit B, which is a location map 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 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 Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Doxa CG -2 Ordinance revision Page 2 of 4 LEGAL DESCRIPTION 0.913 ACRE TRACT A 9.85 ACRE TRACT OF LAND OUT OF A 4,639 ACRE TRACT OF LAND AS RE CORDED 11i DOCUMENT NUMBER 200702 ( 581, DEED RECORDS, N'UhCES COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING ata calculated mint for the most westerly corner of Lot 1B, Block I, Rogers Subdivision, as recorded in Volume 68, Page 54, Map Records, Nueets County, 'Texas, for the north corner of the (herein described tract; THENCE South 61"(12`33" East, with the south line of said Lot IR, a distance of 610.00 feet to the beginning a curve to the left with a radius of 10.00 feet, and a delta angle of 90°00'00", For u corner of the herein described tract; THENCE in a northeasterly direction with said curve to the left, and the southerly litre of said Lot 113, an arc distance of 15.71 feet to a calculated point on the westerly right -of way line of South Staples Street for a corner of the herein described tract and a earner of said Lot 111; THENCE South 28'57'27" West, with said westerly Zine of South staples Street, name being theeastcrly tine of said 4.689 acre tract, a distaRIC e of 70_[)0 Feer .Rya calculated point oir the aforementioned westerly right-of-way line of South Staples Street, for the most sDuthcrly comer of the herein described tract and the most southerly corner of said 4.689 acre tri; THENCE North 61 °02'33- West, with south line of said 439 ac rr tract, a distance of 620.00 feet to a calculated pint for the west corner of the herein described tract and the west corner of said 4.689 acre tract THENCE North 2E91'27" West, with west line of said 4439 acre tract, a distance of 64.00 fejt to the POINT OF BEGINNING rind containing 37,221.5 square feet or 0.85 acre of laird. NOTE: THIS DESCRIPTION WAS PREPARED IN HOUSE WITHOUT A FIELD SURVEY OF THE PROPERTY DESCRIBED HEREON AND IS FOR DESCRIPTIVE PURPOSES ONLY, ALL BEARINGS ARE BASED ON DEET( BEARINGS AS RECORDED IN DOCUMENT NUMBER 2007021=1 11, DEED RECORDS, NIECES COUNTY, TEXAS. Stacey g lora, RPLS Registered Pro fcssianal Land Surveyor Texas Registration No_ 6166 Naismith I?ngincering, Inc_ TBPE F#355 TBPLS#100395-00 Date'1w,_, 9e00t9Ae2onrnphlg.EirfGALo=SerirTiON0.96Acre PaceIdace 101 Exhibit A Doxa CG -2 Ordinance revision Page 3 of 4 `SUBJECT 4. PROP TY F40-2,14 LOCATION MAP 1 City of .� Corpus Christi RS -6 SP/15-03 SUBJECT PROPERTY Date Created. 3/70/2015 Prepared By. feremym Department of Development Services CASE: 0315-01 SUBJECT PROPERTY WITH ZONING Fr Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 06 Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CO -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family R5-15 Single -Family 15 RE Residential Estate RS-TH Townhouse sp Special Permit RV Recreational Vehicle Park RMH Manufactured Horne Exhibit B Doxa CG -2 Ordinance revision Page 4of4 PLANNING COMMISSION FINAL REPORT Case No. 0315-01 HTE No. 15-10000009 Planning Commission Hearing Date: March 25, 2015 Applicant & Legal Description Applicant/Representative: Craig B. Thompson, P.E. (Naismith Engineering) Owner: Doxa Enterprises, LP. Legal Description/Location: Being 0.826 acres out of Lots 7 and 8, Section 6, Flour Bluff and Encinal Farm and Garden Tract, located west of South Staples Street (FM 2444) and south of Henderson Street. Zoning Request From: "FR" Farm Rural District To: "CG -2" General Commercial District Area: 0.826 acres Purpose of Request: To allow a commercial use. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "FR" Farm Rural Vacant Commercial North "CG -2" General Commercial Vacant Commercial South "PUD" Planned Unit Development Single -Family Residential Single -Family Residential East "CG -2" General Commercial Commercial Commercial West "RS -6" Single -Family Single -Family Residential Single -Family Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for commercial uses. The proposed rezoning to the "CG -2" General Commercial District remains consistent with the adopted Future Land Use Plan. Map No.: 045032 Zoning Violations: N/A Transportation Transportation and Circulation: The subject property has approximately 70 feet of street frontage along South Staples Street (FM 2444), which is an "A- 3" Primary Arterial Divided. Staff Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2013) South Staples "A-3" Primary 130' ROW 95' ROW 20,339 Street Arterial Divided 79' paved 64' paved ADT (FM 2444) Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "FR" Farm Rural District to the "CG -2" General Commercial District to allow commercial uses. Development Plan: The applicant has no plans for development at time of application, but to develop this property in conjunction with the property immediately to the north. Existing Land Uses & Zoning: The current use of the property is vacant. North and east of the subject property is a commercial business zoned "CG -2" General Commercial District. South and west of the subject property are single-family dwellings zoned "RS -6" Single Family 6 District and a "PUD" Planned Unit Development (Buckingham Estates). AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan Consistency: The Comprehensive Plan and the Southside Area Development Plan (ADP) slate the subject property for commercial uses. The proposed change of zoning of the 0.826 acre property to the "CG -2" General Commercial District is consistent with the adopted Future Land Use Map, and meets the criteria of the Comprehensive Plan and ADP. Plat Status: The subject property is not platted. Department Comments: • The rezoning is consistent with the Comprehensive Plan and the Southside Area Development Plan. • The rezoning is compatible and maintains character with the adjacent uses to the north, south, east, and west, which include residential and commercial uses. • The rezoning does not have a negative impact on the surrounding neighborhood. • The subject property is physically separated from the single-family lots to the south by an alley within the Buckingham Estates subdivision. Staff Report Page 3 Staff Recommendation: Approval of the rezoning to the "CG -2" General Commercial District. Planning Commission Recommendation (March 25, 2015): Denial of the rezoning to the "CG -2" General Commercial District and, in lieu thereof, approval of a rezoning to the "CN -1" Neighborhood Commercial District. Public Notification Number of Notices Mailed — 25 within 200 -foot notification area 12 outside notification area As of May 7, 2015: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 2 inside notification area — 1 outside notification area Totaling 4.01% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Copy of Public Comments Submitted SP/95-43 4.4t***ktiff C/G-2 SUBJECT PROPERTY CG - Fee Owe Cleared: 3/10/2025 Prepared By: Jeremym Department of Devefopmenr Services CASE: 0315-01 Zoning & Notice Area RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily3 ON Professional Office RM -AT Multifamily AT CH -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commerllal CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Der- Overlay RS -10 Sing Ic-Fa mily 12 RS -5 Single -Pam I lyfi RS -4.5 Single -Family 4.2 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS•TH Townhouse 5p Special Permit RV Recreational Vehicle Park RMH Manufactured Horne Sdjea PrWilyO ners are 200,ander�� favor 4 Qrndr5 widhin 2W' listed anOwners adtsChe0atraerye0/ labfe X jn °ppcswon Staff Report Page 4 Persons with disabilities planning ( ttend this meeting, who may require spe services, are requested to contact the Development Services Departn‘.:iit at least 48 hours in advance at (361) 82u-.240. Personas con incapacidades, •ue tienen la intention de asistir a esta 'unta 'ue re+uieren servicios es+eciales se les su'tica +.Je den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero 361 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durance la junta v su inoles es limitado, favor de Ilamar al deoartamento de servicios de desarrollo al niumero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0315-01 Y?eCecUec@ cjt— �nea,uv� S/25/t5 Doxa Enterprises, LP has petitioned the City of Corpus Christi to consider a change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District, not resulting in a change to the Future Land Use Plan. The property to be rezoned is described as: Being a 0.826 Acre out of Lots 7 and 8, Section 6, Flour Bluff and Encinal Farm and Garden Tract, located west of South Staples Street (FM 2444) and south of Henderson Street. The Planning Commission may recommend to City Council approval or denial, or approval of different Special Permit conditions. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, March 25, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: Tr ) V �r M 17 u (1 Address: �I) St'{ clfru1 -1)- ( ) IN FAVOR ( IN OPPOSITION REASON: We wn4ersfanL 11 eo i s -Ole Own.ey 0"F Vr617C1t). -t, owns !<m-i-� a-4. 1 -eta -I" p` 10i ltiards business . Inti_t1�+ frr�-ha lnce� USjvIYZS� Owt- pa 1� c c I d� + (-41.1-1. I l Pari~ o -F n o r rria 1 b OtNI'dovY po-fi`a : noise t S fwa��1 l o u� b 4fc t...,(1 / , 1 } 6' f .�1,: s -�ee • �� u c �,�. lam. -TiJ ..��(.r °As 8 for .,a -Ml r{ - �� , yle Les h La Intiefren-4" rive 't. Signature1. ICS SEE MAP ON REVERSE SIDE b.,stKrsres. A I t (uMre.,cir(At O.I ttiSinesS �a�^ SaJ Property Owner ID: 3 k a 5 i"� t< r CCh N {fe f 'i 7 r 1-/ � - q�'1 6°Vol Case No. 0315-01 HTE# 15-10000009 n Rha -fie r - u -1-,- e -- m to tine 0,n 09,- hvrL i S 5} Sir►g[Project anager: 1 S sttev4ve:d + ..p,„1,pv►11 5 ks5 tiaut b -T LI) 0 SC I. t to 4\'r ld D 4 ti.Rn5 / Fi Al VDL‘Ut City/State: 1, il lis C r I S fi V Phone: 64 q — 9 2-15 Persons with disabilities planning t tend this meeting, who may require spe services, are requested to contact the Develrgpment Services Departmthtt at least 48 hours in advance at (361) 82b 3240. Personas con incapacidades, que tienen la intencidn de asistir a esta junta v que requieren servicios especiales, se les suplica que den aviso 48 horas antes de is junta Ilamando al departamento de servicios de desarrollo, al numero (3611826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta y su _ingles es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero (3611826-3240 al menos 48 horn- tes-cte la luntaparaiolieitaR un interprete ser presente durante la junta. n r r - CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0315-01 MAR 19 2015 DEVELOPMENT SERVICES SPECIAL SERVICES Doxa Enterprises, LP has petitioned the City of Corpus Christi to consider a change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District, not resulting in a change to the Future Land Use Plan. The property to be rezoned is described as: Being a 0.826 Acre out of Lots 7 and 8, Section 6, Flour Bluff and Encinal Farm and Garden Tract, located west of South Staples Street (FM 2444) and south of Henderson Street. The Planning Commission may recommend to City Council approval or denial, or approval of different Special Permit conditions. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, March 25, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street, You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMEN r SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: Address: pzmA_ It() ( ) IN FAVOR IN OPPOSITION REASON: (2A14( tbUA SEE MAP ON REVERSE SIDE Property Owner ID: 15 HTE# 15-10000009 City/State: Phone: 3 / 77J'> r Signature Case No. 0315-01 Project Manager: Steven Rhea BUCKINGHAM ESTATES ASSOCIATION P.O. Box 271646 Corpus Christi, Texas, 78427-1646 March 19, 2015 Planning Commission City of Corpus Christi 120I Leopard Street Corpus Christi, Texas 78401 Dear Planning Commission Members, The purpose of this letter is to provide comments regarding City Planning Commission Public Hearing Notice for Rezoning Case Number 0315-01, which is scheduled for Public I tearing on 25 March 2015. 1 am writing this letter in my capacity as Buckingham Estates Homeowners, Association President, because previously -scheduled out-of-state business -travel obligations make it impossible for me to appear in person at the 25 March hearing. Buckingham Estates is a 168 -lot gated residential development located at the intersection of South Staples Street and Yorktown Boulevard, and immediately adjoining the property at issue in this case. Consequently, the proposed rezoning action affects the entire development and not merely the homes and lots physically located within the standard 200 -foot distance which comprises the normal area for mailing of City rezoning notices. Unfortunately, the relatively short time available between receipt of City notices (by the small subset of Buckingham Estates owners who actually received a mailed notice. post marked 13 March), and the 25 March hearing, has complicated the challenge of notifying all Buckingham Estates homeowners and obtaining individual comments and signatures from each owner. Consequently, the Association Board of Directors made the unanimous decision to send this letter as the most practical means of providing the Planning Commission with the consensus views of all 168 Buckingham Estates property owners. Those facts and concerns are as follows: I) The current FR zoning of the property in question in this case has existed for a period of decades, and certainly since the time Buckingham Estates was originally developed in the early 1980s. 2) The FR -zoned property has thus been a long-standing, integral factor in defining the status quo nature of the Buckingham Estates development as a gated residential property adjoined on its non -Staples and non -Yorktown sides by other single-family detached homes -- but which does not directly abut any commercial facility. The FR -zoned property in question has thus historically served as a de facto buffer zone between the Buckingham Estates development and any potential future commercial facility which might understandably be constructed along Staples Street within the more remote (i.e., northern) CG -2 -zoned portion of the larger lot in question in this case (of which the FR - zoned portion forms the southern boundary). 3) Rezoning the FR -zoned property in question for CG -2 use will potentially change the nature and curb -appeal property values of the Buckingham Estates development, by making it possible to construct a commercial facility directly up against the Buckingham Estates north fence (i.e., the fence which abuts the FR -zoned property in question). 4) Based on Table 4.5.2 of the City's Unified Development Code, examples of the most concerning types of CG -2 -zoned facilities that could be constructed immediately up against the Buckingham Estates fence (i.e., without benefit of the existing FR -zoned buffer) include such facilities as bars, restaurants, convenience stores, service stations, multi -family apartments, etc. (with all the attendant traffic, noise, and potential after- hours activities which might predictably accompany such commercial use developments). 5) Such an end result would completely alter the existing nature of the Buckingham Estates development. It would negatively impact the implicit promise of "peace and quiet living" which provides much of the appeal to potential buyers of Buckingham Estates homes. That in tum has genuine potential to negatively affect our future property values. 6) The fact of the current FR zoning status of the properly in question provides an obvious constraint on its developmental use. However, that constraint is not new; it represents a decades -long status quo condition. That constraint is something which predates the current property owner's ownership, so the current property owner was not ignorant of the constraint at the time of purchase. Therefore, retaining the existing•1'R zoning designation inflicts no harm to, and imposes no new constraints uponthe current owner. Bottom Line: It appears clear to the homeowners of Buckingham Estates Association that the fairest -possible resolution to this matter for all parties involved is to retain the FR zoning status of the property in question and disapprove its rezoning to CG -2 use. Should you need to contact me regarding this issue, my email is; craiu.kIeint(att.net my home number is 361-985-6310, and my cell phone number is 619-384-3737. Sincerely, Craig S. Kleint President, Buckingham Estates Association Aerial Overview Aerial AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of May 26, 2015 Second Reading for the City Council Meeting of June 9, 2015 DATE: TO: FROM: May 15, 2015 Ronald L. Olson, City Manager Dan M. Grimsbo, P.E., Director, Development Services Department DanG©cctexas.com (361) 826-3595 Annexation of 70.25 acres of land owned by the SKB Acquisition LLC, formerly known as the Sam Kane Beef Processors, located at the intersection of Leopard Street and Clarkwood Road CAPTION: Annexing 70.25 acres of land owned by the SKB Acquisition LLC, formerly known as Sam Kane Beef Processors, located at the intersection Leopard Street and Clarkwood Road; providing that the owners and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter, ordinances, resolutions, and rules; providing for amendment of the official maps of the City of Corpus Christi; providing for severance; providing an effective date; and providing for publication. PURPOSE: SKB Acquisition LLC has requested that the City Council grant its petition for annexation of its beef processing facility. Approval of the annexation will entitle the property owner to police and fire protection and many other services provided to properties inside city limits. Annexation will also allow the City to levee city taxes on the annexed property. BACKGROUND AND FINDINGS: In 2008, SKB Acquisition LLC, formerly Sam Kane Beef Processors, requested that the City disannex the property so the company could qualify for a government grant for industrial facilities not located inside a municipality. To assist Sam Kane Beef Processors, the City disannexed the property and concurrently approved a 380 Agreement with the company. The 380 agreement guaranteed that the city would not annex the property for 15 years provided that the company paid a fee in lieu of city taxes. The fee was set to be equivalent to the amount of city taxes if the property were located inside city limits. ALTERNATIVES: Deny the annexation request. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Excerpts from the Corpus Christi Policy Statements, Economic Development: Policy Statement A. Encourage Orderly Growth - Orderly growth should be encouraged as it is necessary for maintaining a dynamic economy offering job opportunities and income levels commensurate with a rising standard of living. Policy Statement C. Promote the expansion of existing and new business development to promote city growth and a strong local economy. The city should promote the growth and expansion of existing businesses because they are the "backbone" of the local economy. EMERGENCY / NON -EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Assistant City Manager's Office - Business Liaison Legal Department Development Services Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: Costs for city services will be absorbed under the current city budget due to the small size of the annexation area. RECOMMENDATION: Approval LIST OF SUPPORTING DOCUMENTS: Annexation Petition Ordinance ORDINANCE ANNEXING 70.25 ACRES OF LAND OWNED BY THE SKB ACQUISITION LLC, FORMERLY KNOWN AS SAM KANE BEEF PROCESSORS, LOCATED AT THE INTERSECTION OF LEOPARD STREET AND CLARKWOOD ROAD; PROVIDING THAT THE OWNERS AND INHABITANTS ARE ENTITLED TO ALL RIGHTS, PRIVILEGES, AND BURDENS OF OTHER CITIZENS AND PROPERTY OWNERS OF THE CITY OF CORPUS CHRISTI AND ARE SUBJECT TO AND BOUND BY THE CITY CHARTER, ORDINANCES, RESOLUTIONS, AND RULES; PROVIDING FOR AMENDMENT OF THE OFFICIAL MAPS OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. WHEREAS, SKB Acquisition LLC (formerly Sam Kane Beef Processors), is the sole owner of all interest in the surface of a 70.25 acre tract of land, located at the intersection of Leopard Street and Clarkwood Road, which is situated in Nueces County, Texas, and which is described in Exhibit A; WHEREAS, SKB Acquisition LLC petitioned and requested the City Council of the City of Corpus Christi, Texas, to annex the land to the City of Corpus Christi, Texas, and make the tract of land a part of the City of Corpus Christi, Texas; WHEREAS, SKB Acquisition LLC land is contiguous and adjacent to the existing city limits of the City of Corpus Christi, Texas; WHEREAS, SKB Acquisition LLC is the subject of a 380 Agreement entered into by and between the Sam Kane Beef Processors (now SKB Acquisition LLC) and the City of Corpus Christi which prevents the city from initiating annexation without a specific petition from the land owner; WHEREAS, the City of Corpus Christi is authorized to annex the tract of land owned by the SKB Acquisition LLC, by petition under the authority of Section 43.028, Texas Local Government Code; WHEREAS, approval of this ordinance shall constitute the granting of the petition specified in Section 43.028(d), Texas Local Government Code; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed lies wholly within the extraterritorial jurisdiction of the City of Corpus Christi; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed abuts and is contiguous and adjacent to the City of Corpus Christi; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed constitutes lands and territories subject to annexation as provided by the City Charter of the City of Corpus Christi and the laws of the State of Texas; and WHEREAS, it has been determined that it would be advantageous to the City and to its citizens and in the public interest to annex the lands and territory described in this ordinance. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a 70.25 acre tract of land, now or formerly owned by SKB Acquisition LLC, described in Document No. 2013016625, dated April 29, 2013, filed for record in Nueces County Deed Records, located south of Leopard Street and west of Clarkwood Road, brought within the corporate limits, and made an integral part of the City of Corpus Christi. The tract of land is described by metes and bounds in Exhibit A and by a map in Exhibit B of this ordinance. SECTION 2. That the owners and inhabitants of the tracts or parcels of land annexed by this ordinance are entitled to all the rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi, and are subject to and bound by the City Charter of the City of Corpus Christi, and the ordinances, resolutions, motions, laws, rules and regulations of the City of Corpus Christi and to all intents and purposes as the present owners and inhabitants of the City of Corpus Christi are subject. SECTION 3. That the official map and boundaries of the City and its extraterritorial jurisdiction, previously adopted and amended, are amended to include the territories described in this ordinance as part of the City of Corpus Christi, Texas. SECTION 4. That the City Manager or his designee is directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City and its extra territorial jurisdiction to add the territory annexed as required by law. SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of the 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 6. This ordinance is effective immediately upon passage. SECTION 7. Publication shall be made in the City's official publication as required by the City's Charter. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Exhibit A Field Notes for a 70.25 acre tract of land, more or less, situated in Survey No. 416, Abstract No. 838 and Survey No. 500, Abstract No. 582, being out of Share No 3 and Share No. 4, of the George Frank Partition, as recorded in Volume 142, Page 579 of the Deed Records of Nueces County, Texas, and being comprised of a 16.3639 acre tract of land, described in a deed from Sam Kane and wife, Aranka Kane to Sam Kane Wholesale Meats, Inc., recorded in Volume 1450, Page 237 of the said Deed Records, a 16.526 acre tract of land, recorded in Volume 1589, Page 197 of the said Deed Records, and all of Tract A, of Sam Kane Tract A, as recorded in Volume 28. Page 38 of the Plat Records of Nueces County, Texas, said 70.25 acre tract being more fully described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod found, on the South R -0-W line of Leopard Street, a public roadway, the Northeast corner of a 0.23 acre tract, called Tract 5, on the plat of Tract 5 and 6 Hutchins Tracts, as recorded in Volume 32, Page 98 of the said Plat Records, the West Line of the said Share 3, for the Northwest corner of the said 16.526 acre tract and this tract; THENCE, South 65°55'52" East, with the said South R -0-W, being the North line of the said 16.526 acre tract, at 462.86 feet, pass the Northwest corner of the said 16.3639 acre tract, being the Northeast corner of the said 16.526 acre tract, continuing with the said R -0-W line and the North line of the said 16.3639 acre tract, at 983.91 feet pass the Northwest corner of the said Tract A the Northeast corner of the said 16.3639 acre tract, continuing with the said R -0-W line, being the North line of the said Tract A, in all 2659.98 feet, to a 5/8 inch iron rod with red plastic cap stamped "Urban Engr. C.C. TX" set, for the Northeast corner of the said Tract A and this tract; THENCE, South 33°20'13" East, 98.52 feet, to a 5/8 inch iron rod with red plastic cap stamped "Urban Engr. C.C. TX" set, on the West R -0-W line of Clarkwood Road, a public roadway, for a corner of the said Tract A and this tract; THENCE. South 00°43'08" East, with the said West R -0-W, 613.32 feet to a 5/8 inch iron rod with red plastic cap stamped "Urban Engr. C.C. TX" set, being the Northeast corner of a 1.00 acre tract. described in a deed from M.B. Mastin to W.S. Hutchins. as recorded in Volume 180, Page 147 of the said Deed Records, for the Southeast corner of the said Tract A and this tract; THENCE, South 89°17'22" West, with the common line of the said 1.00 acre tract and the said Tract A, at 1572.86 feet, pass a 1 inch iron pipe found, being the Southeast corner of the said 16.3639 acre tract, the Southwest corner of Tract A, continuing with the common line of the said 1.00 acre tract and the said 16.3639 acre tract, at 2045.42 feet, pass a 1 inch iron pipe found, being the Southeast corner of the said 16.526 acre tract, the Southwest corner of the said 16.3639 acre tract, continuing with the common line of the said 1.00 acre tract and the said 16.526 acre tract, in all 2465 .49 feet, to a 1 inch iron pipe found, in the East line of a tract, described in a deed from Mary Hutchins Triestman to the Mary Hutchins Triestman Limited Partnership, as recorded in Document No. 2001007773 of the Official Public Records of Nueces County, Texas, being the Northwest corner of the said 1.00 acre tract, for Southwest corner of the said 16.526 acre tract and this tract; THENCE, North 00°47'54" West, with the West line of the said 16.526 acre tract, 1811.17 feet to the Point of Beginning and containing 70.25 acres of land, more or less (3060127 square feet). Bearings are based on OPS, Grid North, NAD 83, State Plane Coordinates, Texas South Zone 4205. Exhibit B • O • � Tim' �_ f!' 0 9 .41 f CLARKW009 ftfl l wrwv - •- -- J __ N79LE01NONV —r -•-1 tll• HSi N Vd $ -1![ L-❑ N tll i 0 0 KANE BEEF May 28, 2015 Ronald L. Olson, City Manager 1201 Leopard Street Corpus Christi, Texas 78401 Dear Mr. Olson, P.O. BOX 9254 CORPUS CHRISTI, TEXAS 78469 Enclosed is a petition to annex the 70.25 acre site known as the Sam Kane Meat Processing facility. PIease notify me when the City Council plans to consider this petition. If you or your staff has any questions our contact for this process is Chuck Jackson, Vice President of Finance and Administration at (361) 241-5000. 'ncerely. Lou Waters, Jr. President SKB Acquisition LLC Enclosures Petition Requesting Annexation c'- c o R_ zs r*41 FGA (--CAA_"PVT�� PHONE (361) 241-5000 info@samkanebeef.com FAX (361) 242-2999 SKB Acquisition LLC § KNOW ALL MEN BY THESE PRESENTS: CITY OF CORPUS CHRISTI § PETITION FOR ANNEXATION SKB Acquisition LLC, (herein PETITIONER), is the sole owner of all interest in the surface of the hereinafter described land situated in Nueces County, Texas; do hereby petition and request the City Council of Corpus Christi, Texas to annex the hereinafter described land to the City of Corpus Christi, Texas and make said land a part of the City of Corpus Christi, Texas, said land being contiguous and adjacent to the existing city limits of Corpus Christi, Texas. Said land is described as follows: Being a 70.25 acre tract of land described in warrant deed Document 2013016625 in the Deed Records of Nueces County, Texas and generally located on the southwest corner of Leopard Street and Clarkwood Road. Ctk\)-CK \Pct •i%) i vtGt- PTolR- Low cT - By: Lou Waters, Jr., President SKB Acquisition LLC Effective Date: t By: Rebecca Huerta City Secretary ATTEST OR APPROVED: (if required) By Name: Title: THE STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI By: Ronald L. Olson City Manager Date: BEFORE ME, the undersigned, a notary public in and for the State of Texas, on this day personally appeared ' // cI .);(,,,ks,ri, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of said President of said SKB Acquisition LLC for the purposes and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office this the day of PIA V 2015. / (A) Notary Public in and for the State of Texas ;:!:.V►". RICHARD W. PAINTER ?e Notary Public, State of Texas My Commission Expires nn�u.ao.. Maich 13, 2019 ��+ May 15, 2015 Ronald L. Olson, City Manager 1201 Leopard Street Corpus Christi, Texas 78401 Dear Mr. Olson, Enclosed is a petition to annex the 70.25 acre site known as the Sam Kane Meat Processing facility. Please notify me when the City Council plans to consider this petition. If you or your staff has any questions our contact for this process is Chuck Jackson, Vice President of Finance and Administration at (361) 241-5000. Sine f Y, o mate Presiden Sam Kane Beef Processors LLC Enclosures Petition Requesting Annexation SAM KANE BEEF PROCESSORS LLC § KNOW ALL MEN BY THESE PRESENTS: CITY OF CORPUS CHRISTI § PETITION FOR ANNEXATION Sam Kane Beef Processors, (herein PETITIONER), is the sole owner of all interest in the surface of the hereinafter described land situated in Nueces County, Texas; do hereby petition and request the City Council of Corpus Christi, Texas to annex the hereinafter described land to the City of Corpus Christi, Texas and make said land a part of the City of Corpus Christi, Texas, said land being contiguous and adjacent to the existing city limits of Corpus Christi, Texas. Said land is described as follows: Being a 70.25 acre tract of land described in warrant deed Document 2013016625 in the Deed Records of Nueces County, Texas and generally located on the southwest corner of Leopard Street and Clarkwood Road plus Clarkwood Road right-of-way directly abutting the 70.25 acres SAM KANE BEEF PROCESSORS LLC Pii By: Loaters, Pre = • nt Sam ne Beef Pr, -ssors LLC yM t y ?-01 Effective Date: By: Rebecca Huerta City Secretary ATTEST OR APPROVED: (if required) By Name: Title: CITY OF CORPUS CHRISTI By: Ronald L. Olson City Manager Date: THE STATE OF TEXAS /l COUNTY OF TRAVIS / I utCES BEFORE ME, tile undersigned, a notary public in and for the State of Texas, on this day personally appeared _ V ci' 2,1te, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of said President of said Sam Kane Beef Processors LLC for the purposes and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office this the /VA day of Mr 2015. (,g„0ma9 Notary Pub in and for the State of Texas MARGARET CORDOVA Notary PubNc, State of Texas il My Commission Expires �N , June 10, 2018 lob AGENDA MEMORANDUM Future Item for the City Council Meeting of May 26, 2015 Action Item for the City Council Meeting of June 9, 2015 DATE: May 21, 2015 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: Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 Stacie Talbert Anaya, Interim Director, Parks and Recreation StacieT@cctexas.com (361) 826-3476 Execute Construction Contract Hike and Bike Trail Development — Schanen Ditch CAPTION: Ordinance appropriating $721,182 of anticipated revenues from the Texas Department of Transportation in Fund No. 3280 for the Hike and Bike Trail Development — Schanen Ditch project (BOND 2012); changing the FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 to increase revenues and expenditures by $721,182; and authorizing the City Manager, or designee, to execute a construction contract with LNV, Inc. of Corpus Christi, Texas in the amount of $1,194,858.16 for the Hike and Bike Trail Development — Schanen Ditch project (BOND 2012) for the Base Bid. PURPOSE: The purpose of this Agenda Item is to execute a Construction Contract with LNV, Inc. of Corpus Christi, Texas in the amount of $1,194,858.16 for the Hike and Bike Trail Development — Schanen Ditch project (BOND 2012) for the Base Bid and appropriate the funds that will be provided by the Texas Department of Transportation (TxDOT) K:\ENGINEERING\LEGISTAR\9 - MAY 26, 2015\SCHANEN HIKE AND BIKE\AGENDA MEMO - SCHANEN HIKE AND BIKE TRAIL.DOCX BACKGROUND AND FINDINGS: This project consists of the construction of approximately 5,620 feet of 10' wide hike & bike trail along the existing Schanen Drainage Ditch beginning at Yorktown Blvd. and ending at Saratoga Blvd. The majority of the trail surface will consist of decomposed granite with a lesser portion of the trail consisting of concrete paving. Included in the construction are: site grading, embankment, lime treated subgrade, concrete curb, header curb, trail heads, stained/stamped concrete, timber pedestrian railing, concrete ADA curb ramps, and signing and striping. The project is partially funded by the Texas Department of Transportation, who will have jurisdiction over the project. On April 8, 2015 the City received proposals from 4 (four) bidders and the bids are as follows: Contractor Base Bid LNV, Inc. Corpus Christi, Texas $1 194,858.16 Jacob White Construction Friendswood, Texas $1,499,863.66 Barcom Construction, Inc. Corpus Christi, Texas $1,616,674.50 Safenet Services, LLC. Corpus Christi, Texas $1,464,479.17 ALTERNATIVES: 1. Execute the Construction Contract for the Base Bid Only with LNV, Inc. proposed. 2. Do not execute the Construction Contract for the Base Bid Only with LNV, Inc (Not recommended) OTHER CONSIDERATIONS: This project was approved November 6, 2012 in the Bond Issue 2012 Package under Proposition No. 4 — Parks and Recreation Improvements and the limits of this project from Yorktown Blvd. to Saratoga Blvd. has become Phase 1 work. A grant was submitted to the Texas Department of Transportation for Phase 2 work which will extend this project from Saratoga Blvd. to Holly Road. CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Bids process; FY 2014-2015 Capital Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Parks and Recreation K:\ENGINEERING\LEGISTAR\9 - MAY 26, 2015\SCHANEN HIKE AND BIKE\AGENDA MEMO - SCHANEN HIKE AND BIKE TRAIL.DOCX FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $275,465.00 $691,050.07 $966,515.07 TXDOT 721,182.00 721,182.00 Available Budget $275,465.00 $1,412,232.07 $1,687,697.07 Encumbered/Expended Amount 275,465.00 This item 1,194,858.16 1,194,858.16 Future Anticipated Expenditures This Project 215,985.82 215,985.82 BALANCE $0.00 $1,388.09 $1,388.09 Fund(s): Parks and Recreation Bonds 2008, 2012 and Texas Department of Transportation Comments: The Construction Contract will result in the expenditure of an amount not to exceed $1,194,858.16. RECOMMENDATION: City Staff recommends the approval of the Construction Contract for the Base Bid with LNV, Inc. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Presentation Trail Photos (3) K:\ENGINEERING\LEGISTAR\9 - MAY 26, 2015\SCHANEN HIKE AND BIKE\AGENDA MEMO - SCHANEN HIKE AND BIKE TRAIL.DOCX ORDINANCE APPROPRIATING $721,182 OF ANTICIPATED REVENUES FROM THE TEXAS DEPARTMENT OF TRANSPORTATION IN FUND NO. 3280 FOR THE HIKE AND BIKE TRAIL DEVELOPMENT — SCHANEN DITCH PROJECT (BOND 2012); CHANGING THE FY 2015 CAPITAL IMPROVEMENT BUDGET ADOPTED BY ORDINANCE NO. 030303 TO INCREASE REVENUES AND EXPENDITURES BY $721,182; AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A CONSTRUCTION CONTRACT WITH LNV, INC. OF CORPUS CHRISTI, TEXAS IN THE AMOUNT OF $1,194,858.16 FOR THE HIKE AND BIKE TRAIL DEVELOPMENT — SCHANEN DITCH PROJECT (BOND 2012) FOR THE BASE BID. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 is amended to add $721,182 of anticipated revenues from the Texas Department of Transportation to the Hike and Bike Trail Development — Schanen Ditch Project (Bond 2012) SECTION 2. Revenues and expenditures in the amount of $721,182 are increased in the FY 2015 Capital Improvement Budget adopted by Ordinance No 030303. SECTION 3. The City Manager or designee is authorized to execute a construction contract for the Hike and Bike Trail Development — Schanen Ditch Project (Bond 2012) for the Base Bid only in the amount of $1,194,858.16 with LNV, Inc. of Corpus Christi, Texas. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Brian Rosas Mark Scott Lucy Rubio 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 Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Brian Rosas Mark Scott Lucy Rubio PASSED AND APPROVED, this the day of ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor PROJECT BUDGET ESTIMATE Schanen Hike and Bike Trail Bond Issue 2008 and 2012 PROJECT FUNDS AVAILABLE: Parks and Recreation Bond 2012 $ 691,050.07 Parks and Recreation Bond 2008 275,465.00 Texas Department of Transportation 721,182.00 1,687,697.07 FUNDS REQUIRED: Construction (LNV, Inc.) THIS ITEM 1,194,858.16 Contingency (10%) 119,485.82 Construction Inspection (In House) 35,000.00 Construction Materials Testing (Estimate) 20,000.00 Design Fees: Engineer (Martinez, Guy & Maybik )* 221,090.00 Engineer (Jim Coffin) 52,175.00 Geotechnical Study and Testing (Rock Engineering) 2,200.00 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) 12,000.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 28,000.00 Misc. (Printing, Advertising, etc.) 1,500.00 TOTAL $1,686,308.98 ESTIMATED PROJECT BUDGET BALANCE $1,388.09 *Approved by Council, March 2013, M2013-056 includes design of Schanen and Bear Creek Hike and Bike Trails LOCATION MAP NOT TO SCALE PROJECT LOCATAION Hike and Bike Trail Development (Yorktown Blvd. to Saratoga Blvd.) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 of 1 Carpus chr� "O Corpus Programs Hike and Bike Trail Development Schanen Ditch (Yorktown Blvd. to Saratoga Blvd.) Council Presentation May 26, 2015 Project Scope Corpus Chr sti Capital Programs Project includes: • 5,620 LF of 10' wide hike and bike trail along the Schanen Drainage Ditch from Yorktown Blvd. to Saratoga Blvd. • Trail surface will be a combination of stabilized decomposed granite and concrete paving. • ADA curb ramps are included at each street crossing (Cedar Pass Drive, Wapentate Drive, and Acushnet Drive.) • Pedestrian Safety Rail in areas where steep channel slopes are within 5' of the trail edge. • TxDOT Participation. 2 Project Schedule Corpus Chr sti Capital Programs 2013 2014 2015 2016 a) Q N 0 O Z Q N 0lz U O N 0 C 0 N uu BID (6 0 0 O Z a c 0 —) N uu CONSTRUCTION Project Estimate: 240 Calendar Days 8 Months Projected Schedule reflects City Council award in May 2015 with anticipated construction completion in March 2016. AGENDA MEMORANDUM First Reading for the City Council Meeting of June 9, 2015 Second Reading for the City Council Meeting of June 16, 2015 DATE: May 27, 2015 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: J. H. Edmonds, P. E., Director of Capital Programs jeffreye@cctexas.com (361) 826-3851 CAPTION: Jerry Shoemaker, P. E., Senior Program Manager jerrys2@cctexas.com (361) 826-3516 Engineering Construction Contract Waldron Road from Caribbean to Glenoak BOND 2014 Ordinance amending the FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 by transferring $1,495,352 to the Waldron Road from Caribbean Drive to Glenoak Drive Project and increasing expenditures in the amount of $1,495,352; rejecting the low bid of Salinas Construction Technologies Ltd. of Pleasanton Texas, in the interest of the public; determining the lowest responsible bidder to be the second lowest bidder, Berry Contracting LP dba Bay Ltd. of Corpus Christi, Texas; making findings of fact; and authorizing the City Manager, or designee, to execute a contract with Berry Contracting, LP — dba Bay LTD of Corpus Christi, Texas in the amount of $2,580,631.90 for Waldron Road from Caribbean Drive to Glenoak Drive Project (BOND 2014). PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract with the lowest responsible bidder, Bay LTD, for the Waldron Road BOND 2014 project. BACKGROUND AND FINDINGS: This project will consist of full -depth repair of a five lane roadway section (four travel lanes and a continuous center turn lane) as a secondary arterial (A2). Improvements will include curb and gutter, sidewalks (as required), ADA curb -ramps and pavement markings. Utility improvements include C:\USERS\GRANIC-1 \APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES \EASYPDF 7\@BCL@64050A43\@BCL@64050A43.DOCX underground storm water, water distribution and sanitary sewer system, and various franchise utility relocations (as required). On February 25, 2015, the City received proposals from four (4) bidders: Contractor Total Salinas Construction Technologies, LTD Pleasanton, Texas $2,485,647.98 Berry Contracting LP. DBA Bay LTD Corpus Christi, Texas $2,580,631.90 Haas -Anderson Construction LTD Corpus Christi, Texas $3,099,951.00 Reytec Construction Resources Houston, Texas $3,476,525.50 The City is required to award contracts to the lowest responsible bidder pursuant to section 252.043 of the Local Government Code. In determining a contractor's responsibility, the City considers the contractor's capability, supervision, safety, capacity, ability to maintain project budget and project schedule, past and current performance, equipment and experience with the type of project. After the bids were opened, the City asked the 3 apparent low bidders to submit a Statement of Experience to the City to be considered in their responsibility determination. The City's engineer, Urban Engineering, conducted a bid analysis of the four (4) proposals submitted in response to the City's bid solicitation and a responsibility review of the 3 apparent low bidders. Urban Engineering recommended Bay Ltd as the lowest responsible bidder for the project. The City has reviewed the recommendation along with additional information affecting the present responsibility of Salinas and finds that there are serious and compelling reasons to justify rejecting Salinas' bid for the project and awarding to Bay Ltd as the lowest responsible bidder. ALTERNATIVES: 1. Authorize execution of the construction contract. 2. Do not authorize execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Complies with statutes regarding construction procurement criteria. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department C:\USERS\GRANIC-1 \APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES \EASYPDF 7\@BCL@64050A43\@BCL@64050A43.DOCX FINANCIAL IMPACT: Fiscal Year 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $712,600.00 $1,416,750.00 $2,129,350.00 Ordinance 1,495,352.00 1,495,352.00 Total Budget $712,600.00 $2,912,102.00 $3,624,702.00 Encumbered / Expended Amount 712,600.00 0.00 712,600.00 This item 0.00 $2,580,631.90 $2,580,631.90 Future Anticipated Expenditures This Project 0.00 305,078.89 305,078.89 BALANCE $0.00 $26,391.21 $26,391.21 Fund(s): ST 14 Comments: Funds for utility requirements have been set aside through three existing projects to repair and/or replace utility lines associated with Bond Issue projects. RECOMMENDATION: City staff recommends that the construction contract be awarded to Bay LTD of Corpus Christi, Texas in the amount of $2,580,631.90 for Waldron Road from Caribbean to Glenoak to 2014 for the total base bid. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Presentation C:\USERS\GRANIC-1 \APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES \EASYPDF 7\@BCL@64050A43\@BCL@64050A43.DOCX Ordinance amending the FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 by transferring $1,495,352 to the Waldron Road from Caribbean Drive to Glenoak Drive Project and increasing expenditures in the amount of $1,495,352; rejecting the low bid of Salinas Construction Technologies Ltd. of Pleasanton Texas, in the interest of the public; determining the lowest responsible bidder to be the second lowest bidder, Berry Contracting LP dba Bay Ltd. of Corpus Christi, Texas; making findings of fact; and authorizing the City Manager or designee to execute a contract with Berry Contracting LP dba Bay Ltd. of Corpus Christi, Texas in the amount of $2,580,631.90 for the Waldron Road from Caribbean Drive to Glenoak Drive Project (Bond 2014). WHEREAS, this contract had to be competitively bid based upon a procurement method authorized by state law, in accordance with Article X, Sec. 2, of the Charter of the City of Corpus Christi ("the Charter"); and WHEREAS, the Project is for construction of a street + drainage + utilities project that is associated with civil engineering construction; and WHEREAS, the engineer's probable estimate for the Project is approximately $2,195,800.00 and therefore, the competitive sealed bidding requirement applied to the contract. See Tex. Loc. Gov't Code Ann. § 252.021; and WHEREAS, the City advertised for bids in the Caller Times newspaper once in each week for two consecutive weeks, inviting competitive bids or proposals in accordance with the Charter. Art. X Sec. 2(c), Charter of the City of Corpus Christi and in accordance with the notice requirements under Subchapter C of Chapter 252, Texas Local Government Code; WHEREAS, at the time announced in the advertisement notice, 2:00 pm on Wednesday, F I ria y 25; 2rI'i=a, he tads vuere opened ani tl a ariadunts l ad a1©uc , which was chine iri-fhe presence of those city employees of the Department of Capital Programs who are designated to handle bid solicitations and bid openings,and in the presenceof those bidders desiring to be present; and WHEREAS, the City received 4 bids from (1) Salinas Construction Technologies Ltd of Pleasanton, Texas for $2,485,648.31; (2) Berry Contracting LP dba Bay Ltd. of Corpus Christi, Texas for $2,580,631.90; (3) Haas -Anderson Construction Ltd. of Corpus Christi, Texas for. $3,099,951.00; and (4) Reytec Construction Resources, Inc. of Houston, Texas for $3,476,525.56; WHEREAS, State law provides that if the competitive sealed bidding requirement applies to the contract for goods or services, the contract must be awarded to the lowest responsible bidder. Tex. Loc. Gov't Code § 252.043(a); WHEREAS, State law also provides that a contract must be awarded to the lowest responsible bidder if the competitive sealed bidding requirement applies to the contract for the construction of: (1) highways, roads, streets, bridges, utilities, water supply projects, water plants, wastewater plants, water and wastewater distribution or conveyance facilities, wharves, docks, airport runways and taxiways, drainage projects, or related types of projects associated with civil engineering construction; or (2) buildings or structures that are incidental to projects that are primarily civil engineering construction projects. Tex. Loc. Gov't Code § 252.043(d); and WHEREAS, the City notified all bidders in its bid documents, specifications and contract requirements that the contract will be awarded to the lowest responsible bidder; WHEREAS, State law provides that the "governing body may reject any and all bids." Tex. Loc. Gov't Code § 252.043 (f); WHEREAS, the City's Charter provides that "[t)he City shall always have the right to reject any and all bids or proposals." Art. X Sec. 2(c), Charter of the City of Corpus Christi; WHEREAS, the City notified all bidders in its bid documents, specifications and contract requirements that the City reserves the right to reject any and all bids; WHEREAS, the City notified all bidders In its bid documents, specifications and contract requirements that the City may reject a bid for poor performance in execution of work under a previous City of Corpus Christi contract; WHEREAS, the City's Charter provides that "[tjhe Council shall determine the most advantageous bid or proposal for the City." Art. X Sec. 2(c), Charter of the City of Corpus Christi; WHEREAS, Salinas Construction Technologies Ltd. ("Salinas") was the apparent lowest bidder, Berry Contracting LP dba Bay Ltd. ("Bay") was the apparent second lowest bidder; and Haas - Anderson Construction Ltd. ("Haas") was the apparent third lowest bidder; WHEREAS the ..0 's Consultant Engineer for the Project has investigated the n1 [ra ernent, performance, quality, and other issues affecting the present responsibilities of Salinas, as detailed in the Consultant's recommendation, attached as Exhibit A; WHEREAS, Salinas had an opportunity to respond to the Consultant's recommendation, has met with the City to discuss the issues affecting their present responsibility and has had additional opportunities to present documentation to support their position, attached as Exhibit B; WHEREAS, Salinas was awarded the Horne Road -- Ayers Street to Port Avenue Project (Project No. E12100) on August 26, 2014, and their current performance on that project is unsatisfactory, as detailed in the letters from the City's Consultant Engineer for the Home Road project, attached as Exhibit C; WHEREAS, Salinas disclosed on their Statement of Experience that they are currently in litigation with the City of Seguin, Texas. The pleadings filed by Salinas on November 19, 2013, and by the City of Seguin on November 18, 2014, are attached as Exhibit D; and WHEREAS, the City has reviewed and finds that there are serious and compelling reasons. affecting the present responsibilities of Salinas to justify rejecting Salinas' bid for the Project and not considering Salinas for award of the contract. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: Section 1. The amounts of $200,000 from Fund 3551 Street 2015 GO Project #E13100 Santa Fe from Elizabeth to Hancock, $953,920 from Fund 4097 Water 2015 CIP Fund Project #E14065 Future Programmed Utility Support, $202,880 from Fund 4254 Wastewater 2015 CIP Project #E14015 City -Wide Collection System Indefinite Delivery/Indefinite Quantity Program and $138,552 from Fund 3497 Storm Water 2013 Revenue Bond Project#E12146 Storm Water Lifecycle Pipe Rehabilitation and Replacement are transferred and appropriated into the Waldron Road from Caribbean Street to Glenoak Project (Bond 2014). Section 2. The FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 is changed to increase expenditures in the amount of $1,495,352. Section 3. The above and foregoing recitals are hereby found to be true and correct and are incorporated as findings of fact. After reviewing the information contained within the attached exhibits, the City Council further finds and determines: 1. The Waldron Road project (Project No. El 3099) is a major arterial feeder road to the Flour Bluff Independent School District facilities, and it is very important that the project schedule be maintained in order to minimize disruption to school traffic and activities. 2. Salinas has demonstrated a lack of performance in maintaining project schedules, which directly impacts residents, businesses and the traveling public. 3. The Waldron Road project design has been optimized to minimize construction delays and incorporates local methods of construction, cement stabilization of existing base and sand, in an area with a high- water table that requires local knowledge=and xperience 4. Salinas has demonstrated a lack of successful experience with proposed construction techniques in areas close to the Waldron Road project. -5. Salinas completed -Greenwood" Drive StreetImproVements, Phase 1 "(Project.No.'6277)"" behind schedule with quality issues and failed to properly follow plans and specifications: 6. Salinas completed Garcia Arts Education Center Area Street Improvements (Project No. 6133/6134) behind schedule with quality issues and failed to properly follow plans and specifications. 7. Salinas completed Jamaica Street (Project No. 6139) behind schedule with quality issues. 8. The Azores/Catcay project (Project No. 6156/6155) and Jamaica Street project (Project No. 6139) resulted in months of litigation to resolve outstanding issues with delayed completion, quality, drainage, ADA violations and failure to properly follow plans and specifications. 9. Salinas is currently behind schedule on Horne Road Construction (Project No. E12100) and does not have or has not committed the necessary resources to put the project back on schedule. 10. Salinas is currently behind schedule on a TxDOT project for ramp reversals in Gregory, Texas and does not have or has not committed the necessary resources to put the project back on schedule. 11. The City of Seguin filed a failure to perform complaint with Salinas' bonding company and is currently in litigation with Salinas and their bonding company. Section 4. City Council has determined that Salinas is not a responsible bidder, and is therefore, not the lowest responsible bidder in accordance with Section 252.043 of the Local Government Code. As such, a contract cannot be legally awarded to Salinas. Section 5. As the City has the right to reject any and all bids, and, as it is in the best interest of the City to reject Salinas' bid for the Project, Salinas' bid received on February 25, 2015, for the Project is hereby rejected in the interest of the public. Section 6. It is in the City's best interest to declare Bay to be the lowest responsible bidder whose bid is the most advantageous to the City for the Project. Section 7. In accordance with Section 252.043, which requires the City to award this contract to the lowest responsible bidder, the City Council determines that Bay is the lowest responsible bidder and therefore the successful bidder for the Project. Section 8. The City Manager or designee is authorized to execute a contract with Berry Contracting LP dba Bay Ltd in the amount of $2,580,631.90 for the Waldron Road from Caribbean Drive to Gienoak Drive Project. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of . , 2015, by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn PASSED AND APPROVED this the day of , 2015. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor EXHIBIT A Consultant's Recommendation Urban Engineering's recommendation as to the responsibilities of the 3 apparent lowest bidders for Waldron Road from Caribbean Drive to Glenoak Drive (Bond 2014) (City Project No. E13099) March 5,2015 Jerry Shoemaker, P. E. City of Corpus Christi P 0 Box 9277 Corpus Christi, Texas 784699 Subject: Waldron Road from Caribbean Drivelo Gienoak Drive (Bond 20141 City Project No.: E13099 Dear Jerry: Job No.42848.00.00 TRANSMITTED VIA EMAIL. AND ORIGINAL MAILED Pursuant to Section 00 4516 Statement of Experience; Urban Engineering has reviewed the two supplied experience records from two low bidders. The third low bidder has not submitted their experience record and is therefore disqualified from consideration of award of the Waldron Road (E13099) Bond 2014 protect. The two low bidders that have submitted experience records are from Salinas Construction Technologies, LTD and Berry Contracting, LP - DBA Bay LTD. Urban Engineering has reviewed the bids and experience records as submitted and provide the following recommendation. Salinas Construction Technologies has current contracts with the City, of Corpus'Christi (Horne . Road) and Texas Department of Transportation (Gregory ramp reversal). These projects are behind scheduleand=the.cantractar does_nothamarilakno of mitte2nd resources_to tut projects back an schedule. On another project In a area tt eetairlicip'alitywitlrwhom iinas Construction Technologies is contracted has been forced to file a failure to perform complaint with the bonding compaly. This project Is currently in Litigation. The last project completed by Salinas Construction Technologies for the City of Corpus Christi was the Greenwood Project in 2002030 which was also completed behind schedule. Additional Information provided in the experience record indicates projects with TxDOT that have been completed were also behind schedule. The Waldron Road project for which contract award is being considered is a major arterial feeder road to the Flour Bluff Independent School District facilities. Project scheduling is a critical element and has been established to accomplish, to the extent possible, work In the summer months to minimize disruption to school traffic and activities. The allotted project days are very short and the awarded contractor will be required to devote significant resources and capabilities to complete within the stipulated contract days. Project design is also optimized to minimize construction delays. The design Incorporates local methods of construction, cement stabilization of existing base and sand, In an area with a high water table that requires local knowledge and experience. The experience record indicates that Salinas Construction Technologies does not have demonstrated resources or capacity to accomplish required work within mandated schedules nor does it have requisite experience working with and in the materials particular to this project location and design. (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI,TEXAS 78404 www.v.uri;taneng.com TBPE Firm #145 TBPLS Rrm #10032400 FAX (361)854-6001 Urban Engineering does not recommend award of the Waldron Road project E13099 to Salinas Constructions Technologies based on the following reasons. 1. Demonstrated lack of performance in maintaining schedule on an on-going project with the City of Corpus Christi and others. 2. Non-performance and current disbarred status with another municipality due to current litigation. 3. Lack of experience with proposed construction techniques. The reasons stated above are sufficient under Section 00 2113, Article 21 Rejection of Bid, paragraphs 21.01 and 21.02 to warrant the City of Corpus Christi's rejection of the bid from Salinas Construction Technologies. Urban Engineering recommends award of the Waldron Road Project E13099 to the second low responsive bidder, Berry Contracting, LP - DBA Bay LTD. Urban Engineering has reviewed the bid and experience records of Berry Contracting, LP Bay LTD, and is of the opinion that they have the requisite experience, resources and capabilities to perform the contract as bid and scheduled. MFH/ek Enclosure xc: Salinas Constructions Technologies, LTD Berry Contracting, LP - DBA Bay LTD Sincerely, URBAN ENGINEERING '1/4 Murray F. Hudson, P. E. EXHIBIT B Documentation provided by Salinas Construction Technologies, LTD for consideration of Waldron Road from Caribbean Drive to Gienoak Drive (Bond 2014) (Project No. E13099) 1. Form 00 45 16 Statement of Experience 2. Letter from Attorney Abel Herrero with attachments, dated March 17, 2015 3. Letter from Attorney Abel Herrero, dated April 23, 2015 00 4516 STATEMENT OF EXPERIENCE ARTICLE 1-- REQUIREMENT TO PROVIDE A STATEMENT OF EXPERIENCE 1.01 To be considered a responsive Bidder, the three lowest Bidders must complete and submit the Statement of Experience within 5 days after the date Bids are due to demonstrate the Bidders' responsibility and ability to meet the minimum requirements complete the Work. Failure to submit the required information in the Statement of Experience may result in the Owner considering the Bid non-responsive and result in rejection of the Bid by the Owner. The Bid Security of the Bidder will be forfeited if Bidder fails to deliver the Statement of Experience in an attempt to be released from its Bid. Bidders may be required to provide supplemental information if requested by the Owner to clarify, enhance or supplement the information provided in the Statement of Experience. 1.02 Bidders must provide the information requested in this Statement of Experience using the forms attached to this Section. A copy of these forms can be provided in Microsoft Word to assist with the preparation of the Statement of Experience. Information in these forms must be provided completely and in detail. Information that cannot be totally incorporated in the form may be included In an attachment to the form. This attachment must be clearly referenced by attachment number in the form, and the attached material must include the attachment number on every sheet of the attachment. The attachment must include only the information that responds to the question or item number to which the attachment information applies. ARTICLE 2— EXPERIENCE REQUIREMENTS 2.01 The Bidder agrees that, in addition to determining the apparent low Bid, the Owner will consider the responsiveness of the Bids and the responsibility of the Bidders in awarding a Contract for this Project. Information that indicates the Bidder or a Subcontractor is not responsible or that might negatively impact a Bidder's ability to complete the Work within the Contract Time and for the Contract Price may result in the Owner rejecting the Bid. .2,02_ - If hone of the three apparent low Biddersare zleemed_responsibier the ownermay notify the nein apparenf love Bjdders in order, who vuill`theen be required to submit the Statement of Experience for review, until a Contract is awarded or all Bids have been rejected. ............ 103 TheBidderisresponsiblefor the .accilracy acid completeness s afatiof-the Trn of rrnation provided by the Bidder or a proposed Subcontractor in response to this Statement of Experience. 2.04 Provide general information about the organization as required in Table 1. Describe the organizational structure of the Bidder's organization as it relates to this Project in Table 2. 2.05 Provide information on the experience of proposed key personnel. A. Provide information on the key personnel that will be actively working on this Project in Tables 3 through 6. Key personnel include the Project Manager, Project Superintendent, Safety Manager, and Quality Control Manager. If key personnel are to fulfill more than one of the roles listed above, provide a written narrative describing how much time will be devoted to each function, their qualifications to fulfill each role, and the percentage of their time that will be devoted to each role. if the individual is not to be devoted solely to this Statement of Experience Waldron Road—Caribean Drive to Gienoak Drive (BOND 2014), Project E13099 Project, indicate how that individual's time is to be divided between this Project and other assignments. B. The Bidder may provide information on an alternate individual if the Bidder is not able to commit to one individual for the Project at the time the Bid is submitted. Qualifications of these individuals will be considered in determining whether the experience of the Bidder meets the minimum requirements. The Bidder must provide the services of the proposed key personnel for the life of the Project as a condition of qualification. Failure to provide the proposed Key Personnel may result in the disqualification of the Bidder and may void the award of the Contract. C. Provide biographical information for each primary and alternate candidate as an attachment that includes: technical experience, managerial experience, education and formal training, and a work history which describes project experience, including the roles and responsibilities for each assignment. Additional information demonstrating experience that meets the minimum requirements in this Statement of Experience should also be included. Bidders are to include a list of the current project assignments for each of the individuals proposed, the anticipated completion date for this assignment, and the percentage of the time they will have available to devote to this Project to demonstrate their availability for this project, D. The Project Manager and Project Superintendent must have at least 5 years' recent experience in the management and oversight of projects of a similar size and complexity to this Project. This experience must include scheduling of manpower and materials, safety, coordination of Subcontractors, experience with the submittal process, Federal and State wage rate requirements, and contract close-out procedures. The Project Superintendent is to be present at the Site at all times that Work is being performed. Foremen must have at least 5 years' recent experience in similar work and be subordinate to the Project Superintendent. Foremen cannot act as a superintendent without prior written approval from the Owner. 2.06 Provide information on the project experience and past performance of the organization and ......... :._ .ey=Persorfrte ;.: _ ___ __ A. Provide a list of projects currently under construction and projects completed by the .Organization in the last..5 years using copies .of..Table 7. -Highlight the project information that demonstrates the experience of Bidder with similar projects and the experience of proposed Key Personnel. Experience must include the satisfactory completion of at least five similar projects within the last 5 years for the Bidder's organization and for proposed Key Personnel, that are equal to or greater in size and magnitude than the current Project. B. In determining the responsibility of the Bidder, the Owner will consider the Bidder's past projects and any substandard quality of workmanship on completed projects. The Owner will consider whether the Bidder's past project experience shows substandard quality of workmanship, issues related to a substandard appearance of the completed work, the amount of warranty or rework required, problems with durability and maintainability of the completed project, and problems with the lack of quality of documentation provided. In addition to the work produced, the Owner may consider issues related to the quality of construction practices, responsiveness to the owner's needs during construction, an inability to work in the spirit of partnering, and any non -responsiveness of the Bidder to Statement of Experience Waldron Road—Caribean Drive to Gienoak Drive (BOND 2014), Project E13099 make warranty corrections. Information to make this determination will come from Owner's interviews with references provided for this project. By listing reference contact information in this Statement of Experience, Bidder indicates its approval for OPT to contact the individuals listed as a reference. 2.07 The Owner will consider any percentages in excess of 15 percent of change orders for. projects as an indicator of ability to complete Projects within the Contract Price.. Provide a tabulation of budget performance on all projects completed by the Bidder within the last 5 years on Table 8 to demonstrate the ability of the Bidder to complete projects for the Contract Price. Lines may be added beneath project change order breakdowns to add explanatory comments. 2.08 Provide information to demonstrate the ability of the Bidder to complete projects on time. Bidders are to provide a tabulation of all projects completed by the Organization within the last 5 years on Table 9 to demonstrate performance in completing projects on time. Comments may be added to the tabulations to indicate the reasons for amending completion dates. 2.09 Provide information to demonstrate the ability of the Bidder to provide subcontracting opportunities that will meet the Owner's established goals for Minority, MBE, and DBE participation in the Project. List all Work to be performed by qualified Minority, MBE, and DBE proposed Subcontractors or Suppliers in Table 10. Include percentages of Work subcontracted to each to demonstrate compliance with Owner's stated goals. ARTICLE 3 —STATEMENT OF EXPERIENCE REQUIREMENTS 3.01 Provide one printed copy of the Statement of Experience using the referenced tables and narrative descriptions as described in Article 2. Pages are to be 8-1/2 x 11 pages using a minimum font size of 10. A limited number of 11 x 17 sheets may be used, and must be folded to the size of an 8-1/2 x 11 page. 3.02 Provide a digital copy of the Statement of Experience in Portable Document Format (PDF) on a CD, portable drive, or other digital recording device. This digital copy is to include all infor_matin►Lreg ed:.to_evaluate the Bid and; should match the: content of the printed copyof the Bid. When creating the digital copy: A. Create PDF documents from native format files. B Rotate pages so that the top of the document appears at the top of the file when opened In PDF viewing software. C. Submit PDF documents with adequate resolution to allow documents to be printed in a format equivalent to the original documents. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper. D. Submit color PDF documents if color is used in the printed version of the documents. Statement of Experience Waldron Road—Caribean Drive to Gienoak Drive (BOND 2014j, Project E13099 Table 1— Organization Information Organization doing business as: SALINAS CONSTRUCTION TECHNOLOGIES, LTD Business Address of Principal Office3734 FM 3006 PLEASANTON, TX 78064 Telephone No. 830-281-3500 Website N/A arm of Business (check one El Corporation X Partnership 0 Individual oration State of Incorporation N/A Date of incorporation Chief Executive Officer's Name President's Name Vice President's Name(s) Secretary's Name Treasurer's Name Date of Organization AUGUST 1993 Form of Partnership: El General X Limited Name N/A Ownersof.Organ izatron List of companies, firms, or organizations that own any part of the organization. Names of Companies, Firms, or Organizations Percent .Drga0iza List of names that this organization currently, has, or anticipates operating under including the names of related companies presently doing business. Names of Organizations From Date To Date SALINAS CONSTRUCTION TECHNOLOGIES, INC AUG. 1993 DEC. 2003 SAUNAS CONSTRUCTION TECHNOLOGIES, LTD DEC. 2003 PRESENT dicators of Organization 5 . Average number of current full-time employees 90 Average estimate of revenue for the current year $16,000,000.00 Statement of Experience Waldron Road—Caribean Drive to Glenoak Drive (BOND 2014), Project E13099 Statement of Experience Waldron Road—Carlbean Drive to Glenoak Drive (BOND 2014), Project E13099 Table 1 -Organization information ZURICH AMERICAN INSURANCE CO. Surety is a corporation organized and existing under the laws of the state of TEXAS Is surety authorized to provide surety bonds in the State of Texas? Is surety fisted in "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury? Mailing Address (principal place of business) Physical Address(principal place of business) X Yes ❑ No X Yes ❑ No P.O. BOX 968022 SCHAUMBER, IL 60196 SAM E Telephone (Main) 800-654-5155 Telephone (for Notice of Claim) SAME Local Agent for Surety TIME INSURANCE AGENCY Address for Local Agent 1405 E. RIVERSIDE DR AUSTIN, TX 78741 Telephone for Local Agent 800-440-0989 surance - Name of Insurance Provider Time Insurance Agency Provider is a corporation organized and existing under the Taws of the state of TEXAS Is Provider licensed or authorized to issue insurance policies in the State of Texas? Does Provider have an A.M. Best Rating of A -VIII or Better? Mailing Address (principal place of business) 1405 E. Riverside Drive Austin, TX 78741 X Yes ❑ No X Yes ❑ No Physical Address(principal place of business) SAME Telephone (Main) 512-637-9740 Telephone (for Notice of Claim) SAME Local Agent for Provider Janie Schick Address for Local Agent SAM E -Telephoneforthcal Agent -- SAME-= ancial Sumary jn_formatioi Date of Bidder's most current financial statement =Date_of-Bidder's mosturrent audited-financial=statement MARCH 21, 2014 -DECEMBER; 3171013 Financial indicators from the most current financial statement: Bidder's Current Ratio (Current Assets / Current Liabilities) Bidder's Quick Ratio ((Cash and Cash Equivalents + Accounts Receivable + Short Term Investments) / Current Liabilities)) Statement of Experience Waldron Road—Caribean Drive to Glenoak Drive (BOND 2014), Project E13099 3,033,669.00 7,102, 983.00 Table 1- Organization Information Organization doing business as: SAUNAS CONSTRUCTION TECHNOLOGIES, LTD :Previous ory'w List projects that have been completed with the Owner over the last 5 years. If more than 5 projects, list only the most recent. Project Name Year 1 GREENWOOD 2010 2 GARCIA ARTS 2009 3 JAMAICA STREET 2006 4 AIRLINE 2004 5 Co_hstrtic ion lteSafetirtipperience_ Provide Bidders Experience Modification Ratio (EMR) History for the last 3 years. Provide documentation of the EMR. Year EMR Year EMR Year EMR Previous Bidding rid Coictioi� Experience Has Bidder or a predecessor organization ever been disqualification as a bidder within the last 5 years? List Projects below and provide full details in a separate attachment if yes. NO Has Bidder or a predecessor organization been released from a bid or proposal In the past five years? List Projects below and provide full details in a separate attachment ryes. NO Has Bidder or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it? Llst Projects below and provide full details in a separate attachment if y_es— __ _ _ --NO Has Bidder or a predecessor organization been Involved in claims or litigation involving project owners within the last 5 years? List Projects below and provide full details in a separate attachment if yes. YES. FILED WITH CITY OF SEGUIN Have liens or claims for outstanding unpaid invoices been flled against the Bidder for services or materials on any projects begun within the preceding 2 years. Specify the name and address of the party holding the lien or making the claim, the amount and basis for the Tien or claim, and an explanation of why the lien has not been released or that the claim has not been paid if yes. NO Statement of Experience Waldron Road-Caribean Drive to Glenoak Drive (BOND 2014), Project E13099 Table 2 — Project Information Organization doing business as: SALINAS CONSTRUCTION TECHNOLOGIES Proposed project Organizati t�.. Provide a brief description of the organizational structure proposed for this project indicating the names and functional roles of proposed key personnel and alternates. DANIEL SALINAS, CONSTRUCTION MANAGER GILBERT SALINAS, GENERAL SUPERINTENDANT JOSE LUIS Y. DAVILA, SENIOR PROJECT MANAGER DARRAL SIKES, GENERAL CONCRETE SUPERINTENDENT DERRICK SALINAS, SAFETY / COMPLIANCE MANAGER OCTAVIO GARZA, PROJECT FOREMAN PEDRO GONZALEZ, ASSISTANT PROJECT MANAGER, ASSISTANT SUPERINTENDENT DEBRA MILLER , PROJECT COORDINATOR Division of Work bei een rabosed_Stbcontractarwcj Suippfejs Provide a list of Work to be self -performed by the Bidder and the Work contracted to Subcontractors and Suppliers for more than 10 percent of the Work (based on estimated subcontract or purchase order amounts and the Contract Price). Description of Work GENERAL CONTRACTOR BARRICADES AND MARKINGS Name of Entity Performing the Work SALINAS CONSTRUCTION TECHNOLOGIES HIGHWAY BARRICADES Estimated Percentage of Contract Price 97% 3.0% Subcontractor; ipskre ctJo jStte Safety Experience _; J vide1Experience Modification=Ratio {EMRJ-Histontfor:thelast-3-yeast:farsubcontractors-that twill provide Work valued at 25% or more of the Contract Price. Provide documentation of the EMR. Subcontractor NA Year Subcontractor Year EMR Year EMR Year EMR NA EMR 1 Year EMR Year EMR Statement of Experience Waldron Road-Caribean Drive to Glenoak Drive (BOND 2014), Project E13099 Table 3 -- Proposed Project Manager Organization doing business as: SALINAS CONSTRUCTION TECHNOLOGIES, LTD. Priimary Colrtdidate Name of individual JOSE LUIS Y. DAVILA Years of experience as Project Manager 34yrs. Years of experience with this organization 10yrs. Number of similar projects as Project Manager 34 Number of similar projects in other positions 35 Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date City of Corpus Christi Horne Rd 30% June 4 2015 Tx Dot SH 35 Ramp Reversal San Patricio 15% April 152015 Reference Contact Information Name Juan Martinez Name Jesse Riez Title/Position Protect Manager Title/Position Senior Construction Inspector Organization City Of San Antonio Organization City Of San Antonio Telephone 210-508-8337 Telephone 210-323-2378 Email Email Project Project Role on project Role on project AIternafe Candidate -- , , -.. Name of individual Darral Sikes Years of experience as Project Manager 25yrs. Years of experience with this organization lyr Number of similar projects as Project Manager 20 Number of similar projects in other positions 60+ ---Currertt-pro)ect-Assiginments _ - Name of Assignment Percent of Time Used for this Project._..._. . Estimated Project _. -----Completlon_Date.._ i x Dot 5H35 Ramp Reversa13aan Patricio 30% April, 2015 Tx Dot Medina FM 462 30% August, 2015 Reference Contact Information Name Jaime Gonzalez Name Lawrence Neal Title/Position Project Manager Title/Position Project Manager Organization Organization Telephone 1-210-632-0329 Telephone 1-210-880-7976 Email Email Project Project Role on project Role on project Statement of Experience Waldron Road-Caribean Drive to Glenoak Drive (BOND 2014), Project E13099 Table 4 — Proposed Project Superintendents Organization doing business as: SALINAS CONSTRUCTION TECHNOLOGIES; LTD 'Primar anddate Name of individual DARRAL SIKES Years of experience as Project Superintendent Years of experience with this organization SEE TABLE 3 Number of similar projects as Superintendent Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Protect Estimated Project Completion Date Reference Contact Information Name Name Title/Position Title/Position Organization Organization Telephone Telephone Email Email Project Project Role on project Role on project Alternate Candidate Name of Individual OCTAVIO GARZA Years of experience as Project Superintendent 20yrs Years of experience with this organization 2YRS 9MOS Number of similar projects as Superintendent 30 Number of similar projects in other positions -Gur-rent Pr ect Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion „Date .__ Tz DfSF735-11Yri ReveTsa"13an-pair clo 95% April, Contact information Name Fredricko Gomex Name Jaime Garza Title/Position Equipment Superintnedent Title/Position Project Manager Organization Salinas Construction Organization Diversified Telephone 956-990-1096 Telephone 256-3791 Email Email Project Project Role on project Role on project Statement of Experience Waldron Road-Caribean Drive to Glenoak Drive (BOND 2014), Project E13099 Table 5 — Proposed Project Safety Managers Organization doing business as: SALINAS CONSTRUCTION TECHNOLOGIES, LTD Mar andidate Name of individual DERRICK SAUNAS Years of experience as Project Safety Manager 6 yrs Years of experience with this organization 5 yrs Number of similar projects as Safety Manager 18 Number of similar projects in other positions 40 Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Various Projects 25% Reference Contact Information Name Name Title/Position Title/Position Organization Organization Telephone Telephone Email Email Project Project Role on project Role on project ;Alternate Candidate Name of individual Years of experience as Project Safety Manager Years of experience with this organization Number of similar projects as Safety Manager Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this. Project....... Estimated Project Completion Date Reference Contact Information Name Name Title/Position Title/Position Organization Organization Telephone Telephone Email Email Project Project Role on project Role on project Statement of Experience Waldron Road—Caribean Drive to Gienoak Drive (BOND 2014), Project E13099 Table 6 — Proposed Project Quality Control Managers Organization doing business as: I SAUNAS CONSTRUCTION TECHNOLOGIES, LTD Primakv;an Si Name of Individual Arias And Associates Years of experience as Quality Control Manager Years of experience with this organization Number of similar projects as Quality Manager Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Reference Contact Information Name Name Title/Position Title/Position Organization Organization Telephone Telephone Email Email Project Project Role on project Role on project Alternate Candidate Name of individual Years of experience as Quality Control Manager Years of experience with this organization Number of similar projects as Quality Manager Number of similar projects In other positions Current -Project Assignment Name of Assignment Percent of Time Used for ._. this Project Estimated Project Completion Date Reference Contact Information Name Name Title/Position Title/Position Organization Organization Telephone Telephone Email Email Project Project Role on project Role on project Statement of Experience Waldron Road-Caribean Drive to Gienoak Drive {BOND 2014), Project E13099 Table 7 — Current Projects and Projects Complete Project Owner TX DOT General Description of HEAVY CIVIL Project within tte Last 5 Years Project ATASCOSA CO. FM 99 Name Project Budget addSchedtdePerfeeniance Budget History Amount Bid $3,964,967.27 Change Orders $18,690.67 Owner Enhancements $10,000.00 Unforeseen Conditions $20,011.69 Design Issues $491,805.81 Total Final Cost $4,505,475.44 % of E 47% 25% 450% 12.4% 113% Schedule Performance id; WEATHER DELAYS -TIME SUSPENDED 4 MONTHS Notice to Proceed Contract Substantial Completion Date at Notice to Proceed Contract Final Completion Date at Notice to Proceed Change Order Authorized Substantial Completion Date Change Order Authorized Final Completion Date Actual / Estimated Substantial Completion Date Actual / Estimated Final Completion Date Key Project Personnel Name Percentage of time devoted to the Project Proposed for this Project Did individual start and complete the project? if not, who started or completed the Project in their place? Reason for change Date 10-18-12 12-11-13 12-16-13 4-25-14 5-2-14 4-25-14 5-2-14 Days 242 239 242 258 263 258 263 Project Manager JOSE DAVILA 50% JOSE DAVILA YES Project Superintendent ARTURO CAVAZOS 90% ARTURO CAVAZOS YES Safety Manager Quality Control Manager ARTURO CAVAZOS 90% ARTURO CAVAZOS YES Reference! Contact Information Owner Designer Construction Manager DANIEL SALINAS Name GREGORY BIEDIGER Surety AMY SMITH Title/Position PROJECT MANAGER CONSTRUCTION MANAGER Organization TX DOT SALINAS CONSTRUCTION TIME INSURANCE AGENCY Telephone 830-426-2522 830-281-3500 512-637-9744 Email gregory.biediger@txdot..gov sctltd@yahoo.com asmith@timeinsurance,com Issues=/ disputes resolved orpenditg resolution erbitra�tion, ,litigation, or;disp€tte review, boards Statement of Experience Waldron Road—Caribean Drive to Gienoak Drive (BOND 2a14), Pro ett E13099 Number of issues resolved Total amount involved in resolved issues Statement of Experience Waldron Road—Caribean Drive to Glenoak Drive (BOND 2014), Project E13099 Number of issues pending Total amount involved in resolved Issues Table 7 — Current Projects and Projects Complete Project Owner TX DOT General Description of Project HEAVY CIVIL Within the Last 5 Years Si Project Budgetand-Schedule Performance Budget History Amount Project Name KARNES COUNTY US 181 Schedule Performance % of Bid Date Bid $1,783,536.97 Notice to Proceed Change Orders $139,113.62 7.8% Contract Substantial Completion Date at Notice to Proceed Owner Enhancements Contract Final Completion Date at Notice to Proceed 2-4-13 5-23-13 6-6-13 80 Days 73 80 Unforeseen Conditions Change Order Authorized Substantial Completion Date 10-21-13 97 Design Issues Change Order Authorized Final Completion Date 10-21-13 97 Total Actual / Estimated Substantial Completion Date 10-28-13 102 Final Cost $1,922,650.59 107.8% Actual / Estimated Final Completion Date 11-6-13 109 Key Project Personnel Name Percentage of time devoted to the Project Proposed for this Project Did Individual start and complete the project? If not, who started or completed the Project in their place?; Reason for change Reference,Contactiinfor tion Project Manager Project Superintendent NIKO SALINAS CHALEO 50% 100% NIKO SALINAS CHALEO YES YES Name Title/Position Organization Owner Designer Construction Manager Surety RALPH CONDRA PROJECT MANAGER DANIEL SALINAS AMY SMITH Issues / disputes resolved :o Number of issues resolved CONSTRUCTION MANAGER TX DOT SAUNAS CONSTRUCTION TIME INSURANCE e gresolution by artaitc t< �. iltigat n, ordispute:retneiw boar Total amount involved in resolved issues Statement of Experience Waldron Road-Caribean Drive to Glenoak Drive (BOND 2014), Project E13099 Number of Issues pending Safety Manager CHALEO 100% CHALEO YES Telephone 830-780-3993 830-281-3500 512-637-9744 Quality Control Manager Email Ralph.condra@txdot.gov sctltd@yahoo.com asmith@timeinsurance.com Total amount involved in resolved.Issues Table 7 — Current Projects and Projects Complete Project Owner TX DOT General Description of Project Project Budget�andSchedtii within the Last HEAVY CIVIL �ormance Budget History Bid Change Orders Owner Enhancements Unforeseen Conditions Design Issues Total Final Cost eyProject?Per5onnel Amount $1,073,789.27 $13,195.25 $1,086,984.52 Years Project Name BEXAR COUNTY IH 10 Schedule Performance .%ofBid, Notice to Proceed Contract Substantial Completion Date at Notice to Proceed Contract Final Completion Date at Notice to Proceed Change Order Authorized Substantial Completion Date Date 6-26-13 11-12-13 11-21-13 11-12-13 • 97 Days 89 97 97 Change Order Authorized Final Completion Date 11-31-13 97 Actual / Estimated Substantial Completion Date 1.1-12-13 97 101% Actual / Estimated Final Completion Date 11-31-13 97 Narne Percentage of time devoted to the Project Proposed for this Project Did Individual start and complete the project? If not, who started or completed the Project in their place? Reason for change Reference Contactit formation Owner Designer Construction Manager Surety Name COOTER JUNGMAN DANIEL SALINAS AMY SMITH Project Manager 50% NIKO SALINAS YES Project Superintendent FELIPE ROJAS 100% FELIPE ROJAS YES Safety Manager FELIPE ROJAS 100% Quality Control Manager FELIPE ROJAS YES Title/Position Organization Telephone Email PROJE0TMANAGER CONSTRUCTION MANAGER TX DOT SALINAS CONSTRUCTION TIME, INSURANCE Isstues:/ disputes resoivedor pending resolution:, by arbitratlon,,litigation, or dispute r'•evieW'boards` 210-487-1579 830-281-3500 512-637-9744 Kenneth.jungman@txdot.gov sctltd@yahoo.cam asmith@timeinsurance.com Statement of Experience. Waldron Road—Caribean Drive to Glenoak Drive (BOND 2914), Project E13099 Contract Substantial Completion Date at Notice to Proceed 3-5-14 Change Order Authorized Substantial Completion Date 4-8-14 Number of issues resolved Total amount involved in resolved issues I ` 1 .1' Number of issues pending Total amount involved in resolved Issues Table 7 -- Current Projects and Projects Completed`. within the Last 5 Years Project Owner TX DOT General Description of Project HEAVY CIVIL PCaject"Btlfrfge�;arad�5c�ecluje Petforrr:at�ce. Project Name ATASCOSA COUNTY FM 2924 Budget History Bid Change Orders Owner Enhancements Unforeseen Conditions Design Issues Total Final Cost ersonne Amount $2,186,637.48 %ofBIO $42,345.52 I L9% $2,228,983.51 '102% Schedule Performance. Notice to Proceed Date 5-6-13 Contract Final Completion Date at Notice to Proceed 3-17-14 Change Order Authorized Final Completion Date Actual / Estimated Substantial Completion Date Actual / Estimated Final Completion Date Name Percentage of time devoted to the Project Proposed for this Project Did Individual start and complete the project? If not, who started or completed the Project in their place? pj Reason for change Reference' Contact. n ormat on Owner Designer Construction Manager Surety Name GREGORY BIEDIGER DANIEL SALINAS AMY SMITH Issues; j disputes `resolved ;o ; Project Superintendent NIKO SALINAS ARTURO CAVAZOS 50% NIKO SALINAS YES 90% ARTURO CAVAZOS YES Title/Position Organization PROJECT MANAGER TX DOT 4-18-14 4-8-14 4-18-14 Safety Manager ARTURO CAVAZOS 90% Days 214 208 214 208 216 208 216 Quality Control Manager ARTURO CAVAZOS YES Telephone 830-426-2522 Email CONSTRUCTION MANAGER g result tohitty,ar tori; gtigat SALI NAS CONSTRUCTION TIME INSURANCE n; or disputereview 830-281-3500 512-637-9744 Gregory.biediger@txdot.gov sctltd@yahoo.com asmith@timeinsurance.com Statement of Experience Waldron Road—Caribean Drive to Gienoak Drive (BOND 2014), Project E13099 i I3 Number of Total amount involved in Number of issues Total amount involved in issues resolved resolved issues pending resolved Issues Table 7 —Current Projects and Projects Completed within the Last 5 Years Project Owner TX DOT General Description of Project Project ndgetand'Sct HEAVY CIVIL Ie Performance Budget History Amount Project Name MEDINA CO. IH 35 Schedule Performance %of Bid'' Date Days Bid $1,564,899.84 Notice to Proceed 11-4-13 190 Change Orders $7,318.98 46% Contract Substantial Completion Date at Notice to Proceed 7-28-14 182 Owner Enhancements Contract Final Completion Date at Notice to Proceed 8-7-14 190 Unforeseen Conditions Change Order Authorized Substantial Completion Date 7-23-14 185 Design Issues Total Final Cost keV,Project l'ersorniel $1,572,2.18.82 100.4% Change Order Authorized Final Completion Date. Actual / Estimated Substantial Completion Date Actual / Estimated Final Completion Date Name Percentage of time devoted to the Project Proposed for this Project Did Individual start and complete the project? If not, who started or completed the Project in theirplace? Reason for change defence contact 'information, Project Superintendent NIKO SALINAS CHUCK BYRD. 50% NIKO SALINAS YES 100% CHUCK BYRD YES 8-12-14 193 7-9-14 162 7-18-14 Safety Manager CHUCK BYRD 170 Quality Control Manager 90% CHUCK BYRD YES Name Title/Position Organization Telephone Email Owner GREGORY BIEDIGER PROJECIT MANAGER TX DOT 830-426-2522 Designer Construction Manager DANIEL SALINAS CONSTRUCTION MANAGER Statement of Experience : Waldron Road—Caribean Drive to Glenoak Drive (BOND 2014), Project E13099 SALINAS CONSTRUCTION 830-281-3500 Gregory.biediger@txdot.gov sctltd@yahoo.com Surety AMY SMITH S, TIME INSURANCE 512-637-9744 1asmith@timeinsurance,com lssuegsues resolved :ot' fin.. ngresalution; , ardit orr I4igatbn,:or disp+rte;reai boards Number of issues resolved Total amount involved in resolved issues ? Number of issues pending Total amount involved in resolved Issues Table 8 -- Demonstration of Budget Performance Organization doing business as Provide information on all projects complete Owner Name Project Description SALINAS CONSTRUCTION TECHNOLOGIES, LTD by the Budder within the last 5 years. Original Contract Price $3,964,967.27 $1,783,536 .97 $1,073,78 9.27 $2,186,637 .48 $1,564,899.84 $0.00 TX DOT TX DOT TX DOT TX DOT TX DOT ATASCOSA CO. FM 99 HEA Y CIVI KARNES CO. US 81 HEAVY CIVIL BEXAR COUNTY IH 10 HEAVY CIVIL ATASCOSA COUNTY FM 2924 HEAVY CIVIL MEDINA CO. IH 35 HEAVY CIVI Owner Enhancements $10,000.00 $0.00 $0.00 $0.00 Statement of Experience Waldron Road-Caribean Drive to Glenoak Drive (BOND 2014), Project E13099 Unforeseen Conditions $20,011.69 $0.00 $0.00 $0.00 $0.00 Design Issues Total Changes Percent Changes $491,805.81 $521,817.50 13% $0.00 $0.00 $0.00 $0.00 Statement of Experience Waldron Road—Caribean Drive to Gienoak Drive (BOND 2014), Project E13099 Project Descriptic SALINAS CONSTRUCTION TECHNOLOGIES, LTD er w compiet the'Biid : ith%the last 5:years'.. d.1* Table 9 — Demonstration of On -Time Performance Organization doing business as. 'Prey# e%nfortnationni al ptdjetts Owner Name TX DOT TX DOT TX DOT TX DOT TX DOT n Original Contract Date for Substantial Completion ATASCOSA CO. FM 99 HEAVY CIVIL KARNES CO. US HEAVY CIVIL 81 BEXAR COUNTY IH 10 HEI CIVIL ATASCOSA COUNTY FM 2924 HEAVY CIVIL MEDINA CO. IH 35 HEAVY . CIVI;L 12-11-13 5-23-13 11-12-13 3-5-14 7-28-14 Original Contract Date for Final Completion 12-16-13 6-6-13 11-21-13 3-17-14 8-7-14 Amended Contract Date for Substantial Completion 4-25-14 10-21-13 11-12-13 4-8-14 7-23-14 Amended Contract Date for Final Completion 5-2-14 10-21-13 11-31-13 4-18-14 8-12-14 Actual Contract Date for Substantial Completion 4-25-14 10-28-13 11-12-13 4-8-14 7-9-14 Actual Contract Date for Final Completion 5-2-14 11-6-13 11-31-13 4-18-14 7-18-14 Statement of Experience j Waldron Road—Caribean.Drive to Gleneak Drive (BOND 2014), Project E13099 Statement of Experience 1- - Waldron Road—Caribean Drive to Glenoak Drive (BOND 2014), Project E13099 Table 10 — Demonstrated Minority, MBE, DBE Participation Organization doing business as SALINAS CONSTRUCTION TECHNOLOGIES, LTD ro Su ti tractors and S Opilers. .Y; Provide a list of anticipated Minority, MBE, DBE Subcontractors or Suppliers contracts that will be used to demonstrate compliance with the Owner's Minority / MBE / DBE Participation Policy Name Work to be Provided Estimated % of Contract Price Minority, MBE, or DBE Firm SAUNAS CONSTRUCTION TECHNOLOGIES, LTD. PRIME CONTRACTOR 74% DBE HIGHWAY BARRICADES BARRICADES & STRIPING 3% HOSS PAVING, INC PAVING 23% Statement of Experience Waldron Road-Caribean Drive to Glenoak Drive (BOND 2014), Project E13099 ARTICLE 4— CERTIFICATION 4.01 By submitting this Statement of Experience and related information; Bidder certifies that it has read this Statement of Experience and that Bidder's responses are true and correct and contain no material misrepresentations; and that the individual signing below is authorized to make this certification on behalf of the Bidder's organization. The individual signing this certification shall attach evidence of individual's authority to bind the organization to an agreement. Bidder: By: Name: Title: SALiAS CONSTRUCTION TE NOLOGIES, LTD or printed) (individual's signature) DANIEL SALINAS (typed or printed) CONSTRUCTION MANAGER Designated Representative: Name: Title:. Address: De.t.n,0 C 1\k“ (typed or printed) C o cl-r w -t d, € (IC 3734 FM 3006 PLEASANTON, TX 78064 Telephone No.: 830-281-3500 Email: sctltd@yahoo.com END OF SECTION Statement of Experience Waldron Road—Caribean Drive to Glenoak Drive (BOND 2014), Project E13099 Allel Herrero th tgl) Jennifer K. Loftin 4'L/'.herrt,ro�c flr s sort HERRERO & LOFTIN, PLLC Attorneys at Law- March ai March 17, 20I5 Via CM/RRR And Via Email: JermS2@ cctexas.com City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 Attn: Jerry Shoemaker, P.E. Dear Mr. Shoemaker: 2 606 N. Carancahua, Suite 506 Wilson Plaza Corpus Christi, Texas 78401 Phone: (361) 882-1882 Facsimile: (844) 270-4827 Re: Salinas Construction Technologies, LTD. bid for Waldron Road from Caribbean Dr. to Glenoak Dr. Bond 2014/City Project No. E13099 Our File No.: 14.017 On behalf of our client, Salinas Construction Technologies, LTD ("Salinas"), we submit the following response to Urban Engineering's letter, dated March 5, 2015, signed by Murray F. Hudson, P.E., regarding its recommendations for the Waldron Road Project referenced above ("Urban's letter"). In recommending to the City of Corpus Christi ("the City") that the Waldron Road Project E13099 not be awarded to Salinas, Urban Engineering identifies three reasons. However, because those reasons listed are misleading. inaccurate, or false, as it relates to Salinas. we strongly request that you disregard Urban's letter completely, MISLEADING: In claiming that Salinas has "(djemonstrated lack of performance in maintaining schedule on an on-going project with the City of Corpus Christi...," Urban Engineering is misleading the ....... .. . City -t€ -believe-that the -reason for -an -on=going project nitrematnng an kitule is due to Salinas' fault. However, a careful review of that on-going project (Horne Project) reveals that several City utility conflicts have caused the Horne Project to be behind schedule. For example, attached for your convenience is a copy of the first Time Impact Analysis (T1A-01) for the Water Re -Alignment with existing City Utility Conflict for45 Days. In addition, due solely to the City utility conflicts, the new water main for the Horne Project was relocated twice from the original planned location. As another example, in a previous City project, Greenwood Drive Phase 1 (SPID to Gollihar) l City Project No, 62771. the City's change orders for additional work accounted for extending that project from the original 210 contract days to 645 contract days. Attached for your convenience is a copy of the Final Payment for the Greenwtod Project. Thus, to imply that Salinas is incapable of maintaining a project on schedule is misleading because factors beyond Salinas' control have in fact been the cause for delay. March 17, 2015 INACCURATE: Urban Engineering is also inaccurate in alleging that Salinas is in "disbarred status" with another municipality because of "non-performance" on its part. Pursuant to the terms of the contract with the City of Seguin, because Salinas had fulfilled its obligations but had not yet received payment for its completed work, Salinas was required to initiate a suit to recover monies owed to it by the City of Seguin. Thus, the suit was not filed against Salinas for "non-performance." Instead, Salinas was forced to file suit due to the City of Seguin's non-payment. Moreover, Salinas' suit against the City of Seguin has been on file .since September, 2013. In November of 2014, more than a year after suit was initiated against City of Seguin by Salinas, City of Seguin filed a counterclaim, which is being vigorously challenged and defended by Salinas. Subsequent to the date of Salinas filing its suit against City of Seguin, the City of Corpus Christi has previously awarded a project to Salinas without that suit being an issue. Therefore, because the suit referenced by Urban was initiated by Salinas against City of Seguin for nonpayment, it should not be used as a pretext for denying Salinas the Waldron Road Project. FALSE: Urban's letter is also blatantly false when it claims that Salinas lacks "experience with proposed construction techniques." Not only does Salinas have experience with the proposed construction techniques, but it also has successfully utilized them in areas close to the Waldron Road Project. Specifically, after being awarded the work by the City of Corpus Christi, Salinas utilized the same techniques in similar conditions when it successfully completed the projects at Catcay and Azores Streets, as well as Jamaica and Caribbean Streets, which are all approximately within a quarter mile from the proposed Waldron Road Project. Therefore, because Salinas does in facthave experience with the proposed construction techniques, Urban Engineering should not be permitted to give false information in denying Salinas the Waldron Road Project. OTHER FACTORS: lrban's letter should not .only be dismissed for the reasons explained above, but also because it is contrary to state law. Under Texas law, a contract must be awarded to the lowest responsible bidder:since. the: Waldron-Road--Project--is-a-=contract for-the--construction-of "..streets,... utilities...etc." Given that the Urban letter is riddled with flaws, it must be set aside and withdrawn from consideration. As such, Salinas' bid remains the lowest responsible bidder. We hope the City of Corpus Christi gives our letter serious consideration and rejects the defective Urban Engineering letter before taking any action in awarding the Waldron Road Project. Yours truly, Abel Herrero Jennifer K. Loftin March 17, 2015 cc: Via Email: MilesR@cctexas.com Miles Risley City of Corpus Christi Attorney 120 North Chaparral, Room 240 Corpus Christi, Texas 78469 Via Email: RonO@cctexas.com Ronald L. Olson City Manager of Corpus Christi 1201 Leopard St. Corpus Christi, Texas 78401 January 25, 2010 : T , 35245 A yr. Ke Kir, P.E. Construction City of Corpus Christi P.O. Box 9277. Corless Cleristi. Texas 78469-9277 RE: GREENWOOD DRIVE PHASE 1(SPW TO tom) (Cr>PJ NO.6z77j :Deer Keit Enclosed is au -Amlioxdon frit rortifieste lbfl'ayment go:19 (Heal Estimte' 'MAIM= Serious Constriti4oh Ltd for tine -Atm referenCed projee,t .Pmal Estimate No 29 is from 9/21/10 to 1.t20hh 1. A time schedule foam for'011110=thro" i„` 11 A also included. Paymil doamentelion was aubmitted'dir+edly to yoU oilby the Contactor. We have verified the at104. Of the writ. To the 'beat : of our lmovriedge, jz 'Maus that the amount shown on the ittvoiat zieflects the work, ecuniileted ding this; pend.' Therefore. we rind payme t b 'dna8+a tn..the In the eniount.oi< $12$►092.95, which included Chopp Qrder OS fat -114,8434. We Are finatiana be Re9acd Lop and they will be tgliniitecito nig office shortly. . . Please call if yonhave arty questions. HID 1] ONEERl 4 II C. • .1 C.. Cieneaf P.E. Project En Enclosure: Apglica iodforlr rt . TiheSahib:Manx= cc: Serino an•Ltd(laid:9tioeaLDevila) 111111194mt also,SOB VW aBn Ciamoibuo CappsehrtaTito mse Fiscal I SLUM inweittvftaxaso CHANGE ORDER Department of Engineering Services City of Corpus Christi, Texas CHANGE ORDER Na 15 FUNDING SOURCE Operating Department Bond 2004 DATE: January 17, 2011 Name of Pry Greenwood Drive Phase 1 from Goiliher b SPID - Project No. 6277 CONTRACT TIME: 364 CD Contractor: Salinas Construction Tedu:otogies Ltd. CHANGE AS FOU.OWS: ADD PL ;DUCT 1. Liquidated damages (LDs) 377,000 2. Greenwood rideab#tty !Ninety 515,000 3. Compensation for additional tri control $71,522.14 4. Type D asphalt beyond project units , $7,82217 5. Red light camera electrical work 32010.55 6. Additional Storm Water Pallutk n Prevention 37,928.48 7. Greenwood Illuminated Sign 51,000.00 8. Field Office &Yard $18,580.00 314,841.34 Why was this change necessary? 1, Assessment of flauldated dam due to work egteridirvj beyond the Contract time. 2, Due to imperfections in the roadway surface. 3.Traffic control and b3 required beyond the arioinal Contract time due to Chance Orders. 4. Acklitional Type D asphalt roguing Imvonci the Prot firtuls at street intersections for continuity. 5. Electr cat work neaulred to tragi red light camera ormtbnal. 8. Storm Water Poflution Prevention contrails reouired beyond the original Contract 7.Corrections made to Mgminaled slop. 8 Field office & yard extension. How can similar changes be avoided in the future? Additional traffic control. stormwater Pollution Prevention. and Pavement allowances may be included to Kogunt for tkne exbsnsiors yam. bond � e. AIso it and hit penalties for roadway.knoerfe ors asndior Lig domes for not w. g the Protect an schedule. A. CONTRACT PRICE—$3.787,013;79 B. TOTAL CHANGE ORDER enc. current) .................... $496,242.76 C. NEW CONTRACT PRICE .o.. .,... $4.283,256.55 D. -THIS CHANGE ORDER ......................... --$14,841:34— E.. PERCENT TOTAL CHANGE (BNA) ....:....... . 13.10% , F. PREVIOUS ADDN'L TIME AUTHORIZED . 210 1%trfn G. ADDN'L CONTRACT TIME THIS CHANGE ORDER .... 435 H. TOTAL ADDr©NAI. TIME ........... 645 CITY OFF COitPU$ CHRISTI, TEXAS CONTRACTOR 8y: By: Project Engineer City Engineer APPROVED: Operating Department Director of Management & Budget Legal Department CrlY,OftORPUS 01 4 . PRoGRAMS 411410C-010 MOM - S!D RESUR1sHEEr $1D DATE WediteSIN-flijALINi& Iti#400.61. PRoJE t: $ EMISVIddron,R4,49m ColibbeitiTirtigainaik Or CONST Etr: tiarda Vii. -t k what bid tabkilatioel r,t,ar M-rna wTara ME HIO fiFiA Jc Rey 'CC. Ctr#u, ... Tcci+,,.-111 t '7f) o, .. CONSTRUCTION T CW OLOGINS, LTD. $'!$41.1.$000 ?Uaasaisniti.t$+/4 (8$0)$814144 P11 ($OO)1414h$ 11A-01(RFI-01, 04, 05, 05, & 11) WaterineReaftwatt WaiefreCo tw/FxiftWalerfsv PROJECT NAlle Home Road - Ayers St. to Port Ave. CC4ITRACTIM Me SALINAS CONSTRUCTION TECHNOLOGIES, LTD PERIOD MNG: 12/02/2014 a aTT&L DATE: wog 2015 Tik Number of Days f eted TIA-01 WaterRe-Align inen Exist#ngConflicis 1406 PREPARED Br• - JOSE LUIS Y. DAVILA TIA Evaluation Surnetary • . 10/27/2014 Data Data: 02/01/2015 Pnr.T1A CompII6op Ddu: 05/ 24/2015 Post TIA Completion Dab: 07/24/2015 Number of Days f eted 45 Background; Description AiJdear' iberin K 1-0ldafed 11705/2014", RI~'144 RIT-05 tide 12/03l2014;'and RFP09-dated 12/23/2014 the existing gas and waterline conflicted with the proposed waterline. The waterline was relocated to 2.0' from the ROW and it was discovered immediately after work began that the proposed vottmrline realignment was 'now in conflict with the existing waterline. After exploratory excavation to expose but protect the existing AC waterline, a third and final waterline alignment was proposed, reviewed, and approved. This conflict started on Dec 2 2014 and was resolved Dec 15, 2014. Work resumed Dec 9, 2014. Schedule was impacted (14) Calendar Days; Impacted time gree (3) existing abandoned live water services encountered and broken not located or marked flooding waterline trench, damaging cement stabilize sand, sopping/delaying work from continuing Dec 16, 2014 thru Dec 22, 2014. Work was impacted (6) Calendar Days; Continuing installation of realigned waterline impacted production inefficiencies caused by existing live water services not located and or marked which resulted in additional band work to exposed and protect these lines from Dec 23, 2014 thru Jan 16, 2015. Work was impacted which resulted in productions inefficiencies of (15) Calendar Days. Impact to the Schedule: The existing AC Waterline Conflict TIA-01 delayed the completion of activity: • DU -080 Install water services • DU -090 Pressure Test Waterline and Services • DU -105 Tie -In Water Main Addition Work to Schedule: • Placement Cement Stabilize Sand Waterline; • Hauling off displaced spoil from waterline trench; • Exploratory of existing wastewater Line B to verify the extent of existing damage; • Temporary repair and preparation for pmposed additional work; • Additional permanent repair on Line B Time extension for additional work (10) Calendar Days St 'pinny: Existing abandoned but live utility conflicts encountered and alignment conflict of existing waterline and services delayed and extended the project completion dated. Duration of impacted calendar days and additional calendar work day total 45 calendar days for this TIA. 01 HHORNE - - St.10 Pat Ave. Mod 2012) Prated Nati. E12100 'r 1'1' SAUNAS CONE 3794 P4 30o0 PLEASAJTON: TECHNOLOGIES, Ud Idrnher11/erebn 1405.710-01 Run deb 02104/16 Paps nrrr>ber 1A O P!1fnerero CW0.04 'WORK DAY CALENDAR CW0-06-Cordri Tkne CoVD-111 CONTRACT WORK DAYS CWl3 C2 CbNTRACT DAIP'1 R 141Df21C DA"- CALENDAR AYSCA AR DAYS MO BU45K210 GA) o6rl4r261a :14.01 MOEILIZATION mo -010 1,,,,,Tice 'I o pR9qeza M0-015 111BTALLBARRICADE8 - SIGNS - PART -1 SOUTH MO -020 :UOBR.IZE 140-026 , INSTALL SW3P F 9 125 • 86 • 48 10/27114 A 060,1115 210 113 A0:10187114 A 06024/15 0: 0 •' 100 0701116 02/01116 174• 114`0 04101115 07124/15 174' 174' T 0 02001116 01124/15 -41 • 2• 0• 10010127114A 10/25114A 0 0 100 IOIZ7114 A 1 0 . 1100-10127114A _1012rn4A ^__1012704 _ 1 0 100 10127114 A 10127t14_A 1. 0 '.100 1012104A 10/2614 A Pl- DEuAoUTION & LAILWO yJTY RK 4PART 1 _. 011.036 P 101'1-1iA000FF _FIATWORK.,},__ ` 0U440 1AfLLROADWAY _ .- _ Dlt-126 `(XTENO SANITARY 81 VER LATERALB DU -045 L#ne A- 61N PVC WATERUNi WGATE VALVE 1+72 DU-046�CorfBct SAI; N ner4 PA'!d PD OU -047 CarSct - POTHOLE Fudging AC WrIsd <fe RP108 DU -046 : Post COn icl- Cardn ie Um? AW Bans DU 045 011040 :31A1ier Brtvbs Smoke • Not Loci sdlMr6ed _ _ : __ 011-060 i 6 IN OATS VALVE2+i 6 0U-060 TALL WATER SERVICES 81.0293.6 SHORT i DU.11a —I1 W WATER SERVICE AN0 a IN t.WE .^ 1 011.11 fiord C><0e<n tor Webs -_-_: s i; _ 01.1.1064C 0161..MdF.�i4-fp 51n Line B Dench111 Mein DU -076 6 IN GATE VALVE 10+25 411001,4 MJ TEE; 6+00 DU -055 FIRE HYDRANT 2+26 01.060 011.070 FIRE HYDRANT 8402 011. _ 060 P URETESTWATERUNEANDetioncgS 2 0• 1000IMOf15A 01121n6A O U-130 INSTALL 5 FT Ct1RB 1216813, I.ATERALS, � 4 0 100 01116116A a.O111p116A OU -131 Conllct L1dat i Lie—Not Loaniedi , 0 0 0 01111116 A 01010116 041.066 Clime Oyster No -01 PPR _nilnq p Weleikne - 4 4 0 02107146 02106115 �0U-066 6 I PVC WATER UNE 1 .1 0 02010016 07/10/16 OU -005 OSSiNFECTION ANALY818 TEST_ v . 2 2 , 0 02/11115 07112/15 DU-iOo Line a - r PVC (SDR tlewr r tins & 0+142 2 0 07111115 O7n 4118 l DU -106 TEM WATER MAINS 2 EA 2 2 0 02/16115 02117/15 06-130 ASA/400N EXISTING WATER UM 1 1 0 0244/15 02124/16 art dols 60/77/`/fY _- 5 CVU13-01 CONTRACT WORK DAYS MOBIUZAT1011 TO PROCEED A INSTALL BARRICADES- sIGNB - P i SOUTH A A INSTAI.i. a6'' ? 10 •••_ to 77 10126114 A 02124/16 'Pk , 1 • PH -0'i - OE OUTION & UTILITY V 3" a100141251114A 11115114A ��-�IL-�'kA�K 3 0 100_1 1103114 A 11006014 A 12 ROADWAY t 0' 100110401140 121111/14_A_:^r__I: �-1 ocrENDSA!ITARY LATERALS 3 0• lop 12101114A 12102/14A ! 01110467Un.A-61!1 PVC WORLIEwGATEVALVE 1+72 0 0. u 10012102114A 121481140 111 • loot, cicala vipiefiNAc piownsoaopped 0 ..� a. 100 1210_2114 A 12006/14 A . I • 921100- oiling AC WMsrine RF1-06 2'77' 0 100 4210W14 A 011081 F8 A �� Post Coi llat- Con0nus Uns A WderW* 0U-045 - a. 0; 100 12/66/14A 1222/14 AA • , 10 100 12t16/14:A - 12146/14 A- 2; _---_ 1. 60 12118/14- 02100/15 2 2i 0I21161S4A —0-219/16 .___1 _ 1'r 012710/14A- 02123115: _ 10 101 0' 17124!14 A 03102/15 20` 100..01106i15A '0U5A G6/1 112 ._ 0:^ 8100.181060th& 01005t15 , _€i1 1_ 0' 100E11137115A 01107/15A i'1 1 0 100 01105/14 * 01106/16 A 'r1 1- . 0 100 01,0115 A 011pdr16 A •1 lid € ala 1 Irdett orem 6 . _ so67u1 SALINAS CONSTRUCTION TECHNOLOGIES Dele;drw ; o20V 14°1'41441 HORNE ROAD - Ayers St. to Port Ave �� o syl.rrru ha. 1t DU -040-7K3 w.Yr 8ehkj Mak* • Not LOaet« 111ued DU -050:2101 W GATE VALVE 2+16 WBTALL WATER SERVICE8S LONG - t NEW WATER SERVICE AND a IH U Rod Mom TCP Delay 107 Lap 06. Could vo,Eaddrp tlfn Line B Bei DU-0TA 614 GA • VALVE 10+75 'tpabis'Aa IN x 6 04 W TES6+00 tw-06sAF1RErifioRANT 2+25 au-gcO EH1I0RANT 5+26 • 011-010-I FERE HYD ANT S+OZ rx343G0•A PIE TEST WATER LllE AND SERVICEI -13o-A P4TALL 6 FT CURD It LETBF LATERALS. EXTEI 0U-1310 I = 011.06& C1wpe Order No -01 Poihol np Eadelkp Ws DU.086Y 51N PVC WATER LINE naic m oiseincrica AWkLY818 TEST '0U-1004tune B - MI' PVC {SDR 233} Seim ung a D.105 -NTE -IN WATER MAINS 2 EA 1011-125 'ABAN0ON EXISTING WATE UN M CAW her • Summery point Sammy bar O Mud nrlerlone point A Propels paint • ROW nolbalarnp CrI:01point HORNE ROAD - MON St. to Pori Ave. (Bond 2012) Pro* No: E12100 t WORK DAY CALENDAR Miff Contract Tana WORK (PART 1) . �. ... �. LINE RECONNECTION ?Water Crng lends In Mai EB ENSKKNS X Not fuxaled/Mark 31V114.5 0+74 INE !IV CONTRACT CALENDAR WORK DAYS -" CALENDAR DAYS (180 8l}1X210 G.C.) 05/2412015 SALINAS CONSTRUCTION TECHNOLOG 3734 FM 3006 10 78064 rR Number/Version 140041401 Run data 02104/15 Paga nuns 18 { System*, Inc. H ONE ROAD - Ayers 81. b Pan Ave. (Bond 2012) P ro*. Hoz E12100 SAUNAS CONSTR ui iOH 3734 nA 3005 QM.EASAIITON,TX 78004 Lid Numbs -«cion 1406-TUH01 Run deli 02/44/15 Per member 2A CM Premien *piens, Inc. otf-100 ChFar �rdKciPP UntilEmplorsiory' 1 -110 _ lirn B - CIPP EXIST840 6 VCP SAN SWR 0+74-3+06 FA.1-133 Pad Cana - Co *nue DU -110 tift Inlet Wets R111 -135 P14.03 - ROADWORK (PART 1) 801.140 ROADWAY EXCAVATION -AND ANT 801.145 _ SUBORADE PREPARATION 6 N 801-450 10 IN CENEIVT TREAT ASPH-BASE R- 1.166 PRIME COAT - 1W1 -1E0 INSTALL CURB AND RO1.166 CONCRETE d10EWALK13—DRIVEWAYS R01-170 SEAL COAT - ONE COURSE SURFACE TREATMENT R131-175 HMAC TYPE tl;- RD1.160 HAAAC TYYPP 6-- FF �r+e.:a yV •w. ,"err-7177.i1R TCP -200 PHa34 -TR !18FE TRAFFIC TA" 2j TCP -206 INSTALL TRAFFIC CONTROL FOR PART 2 1 • '. 01/2-210 PH -05. DEMOLITION b UTILITY WORK (PART ?) r...._ 1 DU2-215 DEMAOISflON HAUSWCi.-OFF OW _ 9 040205 a 012.220 MILL RD11114YAY 2,_ 04(23/16 04/21116 O' DU2.225 Lin. A -fa' PVC SE'WFA ah 10433 it; Miii3 sMe 1+50 2 2 004178/15 0484/13 Q 0112.230 ! iM A-15" SWR Ma 7+50 b 1AH-2 Than Line a �, 2 2 , , 0 34/!003 05101/15 0 DU2.236 Une A -1r 11!01 Sts 3+20 to 18H-1 sia 1+67 _ 2 2 _ 0 05106/15 06106115 w ^- _ 01t. 01.12,240 ' BEWI=R BER1111ETID@l8 (t1 FA) - 2 2' O' 05107115 06111115 0 115U2-245 OENSIIY TRENCH farms COMPACTION 2 2 0 05107/15 06/31113 —.` 0. TEEMING/ SAMTARY MAAS18 MANHOLES 1 1' 0 05/12115 0611+2115 0 5 5 `_ 00r�nail5` 05/20115 0 FM -NO 'PH -06 - FORCE ARAN BY-PASS {PART 2) _ - FMA 5 FO IAFM! EIYPAS812` (CrOdOsb 0'00 - 3+50 3~ _ 3 0 08113106 05116116 $; F�T0 �. 1 1- 0 05116/16 06/18115 F14-275 PAVEMENT REPAIR - PORT AVENUE 2 2 0 0611806 06/20/15 .. a n:y t A i�I.,IL i2L _ . . .,, R02.250 -'PH -07- ROADWORK (PART 2) at jt 802-2 6 ROADWAY EXCAVATIONEM o AND EMBANKMENT 0 03003/15 5 5 _ 0 03104115 03110115 0 O 0 0 03111115 03110116 14 1uW ll I4 04116115 100 110414A 11/24114A 100 1111304A 1101/14A 0 03/11/15 e 03110115 1.. 1-- 003123115 _ 03/23115 T 4 4 0 03/24/15 03130115 0 E 60 03,31115 000 815 0 1 1 0 04113115 04113115 11 0 04114115 04114115: 0 2 _ 2~ 0 04115/15 041111115. 00: 1.- 1' 0 04/20146 • ;3400/15 01 ,1 1 0 04 f15 - 04110/15 0 � .W G7A'ratl�o�1�`;3�14�'!i i 06612115` V, , t, � { 3 v , 9 04120116 2 a T4 •'24 2� . 0 2, 0 T 7 R132290 SUBORADE PREPARATION r R022 5 f3EOGRIO-10'CEMENfTRFJ1TASP/-BASE R02300 PRIME COAT R02-306 INSTALL Cts MIO GUTTER RD2-310 CONCRETE SIOEWALIC ANO DRIVEWAYS RD2-318 LANDSCAPE WORK R02320 SEAL COAT - ONE COURSE SURFACE :R02-325 WAD TYPE B .. . 802330 HMAAC TYPE 0 R1 2-335 ADJUST MANHOLES 3 VALVES FtD2340 PAVEME 1.T MARKING 34 • 34 •_ 0 05/21/15 07110115 3 3. 0 0521/15 0612605 33 0 062 611 7115 0/116 6 __5 0 06/02115 06/11115 1 I. 006/12/16 06/12/15 4 4 000/15/15 06116/15 7 7 0 06/19/15 0529/15 3 3 0 04114115 0626116 1 - 1 0 06130/15 04130115 2 2 0 07/01115 07102/15 2 2 0 07/06115 07/17115 2 2 0 07105115 07100115 1 1 0 07/10/15 07110/15 DU -108- Grp Omer CIPP Line B Eied DU-1IaW Une B - C1PP EXISTING A' V Dif-133V Peet UM - w lDU-1 - -- -�' PH -03 - ROA ROADWAY E XCAVATION IANO EMBANKMENT 8LI GRADE PREPARATION 5 IN R01.1501r 101N CEMENT -MEAT P R131-15&7 PRIME COAT RD1-111170•11,01BTALL CURB ARC RDI -1I5. CONCRETE SIC R01 -170V REAL COAT- I R1]1-175 V HMEAC TYPE E /191.1641♦' IAC TYPE TCP -2001 PH -04 - TR TCP -20511 INSTALL TF 13U2-210,---. P1- DU2316-111, OE MOLITN 0112-0211W MILL RO OL2-225V Lire A= 13U2-230.7 Lhe A • 0W.12 -235-V Una. DU2-2)40:11/ SE DU2 a45 -W DE; oG2-2647T'E FMA -260 ,-, FMA266.� FIA -2701/ FMA -275•/ 802.2609 nra-nai RDZ 2110 R02-2 RI F HORNE ROAD - Ayers SI, b Part Ave. (Bond 2012) Project No„; E12100 ' VCP SAN SWR 0.7743405 1-130 WI Inlet Latera d1OWORK(PART 1) - ASPH•UABE VD GUTTER ;IDEWALKS DRIVEWAYS - ONE COURSE SURFACETREATMENT it, B - .E 0 - RANSFER TRAFFIC (PART 2) TRAFFIC CONTROL FOR PART 2 311-06 - DEMOLITION & UTILITY WORK (PART 2) TION HAUL -OFF SW DW :GAD WAY r -15" PVC SEWER sta 10+33 to MH -3 7+50 A -15" $WR sta 7+50 to MH -2 Tle-#t LIn a eA-15"/Mk sia0+20totti-1s 1467- 3EWER SERVICE RECONNECTIONS (11 EA) 3ENSITY TRENCH TESTS* COMPACTION TEWING SANITARY MAIN & MANHOLES T PH -06 - FORCE MAIN SY-PASS (PART 2) FORCEMA*I BYPASS 12" (0-900) /Ma 0+00 - 3450 1' TESTING PAVEMENT REPAIR = PORT AVENUE JoyPH-07 ROADWORK (PART 2) W ROADWAY EXCAVATIONO AND EMBANKMENT 00111111WOOF/ADE PREPARATION 9" -295r11111111 GEOORIO -10' CEMENT TREAT ASPH-SASE RD2.3041, PRIME COAT RO2.3051, INSTALL CURS AND GUTTER RD2-3t0.11., CONCRETE SIDEWALK AND DRIVEWAYS RD2-315- S LANDSCAPE WORK R0242IF1T SEAL COAT - ONE. COURSE SURFACE RD2-325-11r HMAC TYPE B RD 33C VHUACTYPED RD2-33&W ADJUST MANHOLES & VALVES RD2-340V PAVEMENT MARKING SAUNAS CONSTRLJCT1ON 3734 FM 3000 PLEASANTON, TX c OLOOIES, Ltd Numbar/VeThiOn 1406T1AOt Run data 02/04115 Page numbat 2B 0 Primavera Systems, Int, HORNE ROAD - Ayers 81.10 Port Ave (Eland 20121 Pro** E12103 SALINAS PON TE 3734 FM 3IX6 PLEASANTON, TX ;7 777 PH -01- MAL COMPLETION FC -410 FINAL PAVEMENT MARKINGS 11,/Xe418 !FC -420 sueerrmcla COMPLETION FC430 FINAL CLEAN-UP ANO PUOCHLIBT WORK PC -440 MOVE SINSP & UNNECESSARY !ARCADES 176456 SCHEDULE MN- WAULTHRU OEMOO S13.1. PROJECT pRcuecr FINAL- mu. PROJECT 10* 10 i/ 07/13/13 2 2 001113115 1 1- 00116116 4 4 007116115 2 2 O0115 1 1 � 01124116 • 007/24115 0 07124115 07114/16 07/15/15 07/21/15 07/23/15_ 07/24/15 01 0 •, 0 0, I!! 0712415 07124/13 J. OGIElk Lid NuintorNicsion 1406-T1A-01 Run chit 02/04/15 Pigs nantber 3A , Fri/wins Elyalmns, Inc. HORNE ROAD - Aye* St, to Port Ave. {Bond 2012) Pralect Na.: E12100 FC.4O0IP— WW PH -00 - FINAt. cd mmenoN F0 410V111, FINAL PAVEMENT MARKINGS b SIGNS FC -420V SUDSTANCIAL COMPLETION FC -4301111, FINAL CLEAN-UP AND PUNCHLIST.WORK FC -44011, REMOVE SW3P & UNNECESSARY BARRICADES F64,991, SCHEDULE FINAI. WALK ThRU - DEMOB FC -50041P PH -09 SELL PROJECT FC -8104 PROJECT FINAL - SELL PROJECT E3I 4 SAUNAS CONSTRUCTION TECHNOLOGIES, Ltd 3734 FM 3006 f',' PLEASANTON, TX ! fie004 i;. NumberNenlon 1406-T11W1 Run deb 02104/15 Pagenumbsr 313 0 PlimIvwl Sytd.mI, k. URBAN ENGINEERING March 5, 2015 Jerry Shoemaker, P. E. City of Corpus Christi P0Box 9277 Corpus Christi, Texas 784699 Subject Waldron Road from Caribbean Drive to Glenoak Drive (Bond 20141 City Project No.: 03099 Dear Jerry: Job No. 42.848.00.00 TRANSMITTED VIA EMAIL AND ORIGINAL MAILED Pursuant to Section 0045 16 Statement of Experience; Urban Engineering has reviewed the two supplied experience records from two low bidders. The third low bidder has not submitted their experience record and is therefore disqualified from consideration of award of the Waldron Road (E13099) Bond 2014 project. The two low bidders that have submitted experience records are from Salinas Construction Technologies, LTD and Berry Contracting, LP - DBA Bay LTD. Urban Engineering has reviewed the bids and experience records as submitted anti provide the following recommendation. Salinas Construction Technologies has current contracts with the Cfty of Corpus Christi (Horne Road) and Texas Department of Transportation (Gregory ramp reversal). These projects are behind schedule and the contractor does not have or has not committed the necessary resources_tQ ui -_ --r- ,7"--- - t _ _ _ _ _ �`�����r-arca tTie �ii�unklfty-w#�i-whom SaNr�as Construction Technologies Is contracted has been forted to file a failure to perform complaint with the bonding company. This project is currently In Litigation. The last project completed by Salinas Censtrt+ctioraechrw sforthetitYrPusCitipartfte-GieernwtmxrPrOjett-W2009-3aiD �u� was also completed behind schedule. Additional information provided in the experience record Indicates projects with TkDOTthat have been completed were also behind schedule. The Waldron Road project for which contract award is being considered is a major arterial feeder road to the Sour Bluff Independent School Dlstrlct facilities. Project schedufng is a critical element and has been established to accomplish, to the extent per, work in the summer months to minimize disruption to school traffic and activities. The allotted project days are very short and the awarded contractor will be required to devote significant resources and capabilItles to complete within the stipulated contract days. Project design is also optimized to minimize construction delays. The design incorporates local methods of construction, cement stabilization of existing base and sand, In an area with a high water table that requires local knowledge and experience. The experience record Indicates that Salinas Construction Technologies does not have demonstrated resources or capacity to accomplish required work within mandated schedules nor does It have requisite experience working with and in the materials particular to this project location and design. (961)854.9101 2725 SIIVANTNE 2 DR. • CORPUS CHRISTLTEXAS 78404 www.ubaneng.com TBPE Firm #145 TBPLS Firm #10132400 FAX 061)854-W31 Urban Engineering does not recommend award of the Waldron Road project E13099 to Salinas Constructions Technologies based on the following reasons. 1. Demonstrated lack of performance in maintaining schedule on an on-going project with the City of Corpus Christi and others. 2. Non-performance and current disbarred status with another municipality due to current litigation. 3. Lack of experience with proposed construction techniques. The reasons stated above are sufffdent under Section 00 2113, Article 21 Rejection of Bid, paragraphs 21.01 and 21.02 to warrant the City of Corpus Christi's rejection of the bid from Salinas Constriction Technologies. Urban Engineering recommends award of the Waldron Road Project E13099 to the second low responsive bidder, Berry Contracting, LP - DBA Bay LTD. Urban Engineering has reviewed the bid and experience records of Berry Contracting, LP Bay LTD, and is of the opinion that they have the requisite experience, resources and capabilities to perform the contract as bid and scheduled. MFH/ek Enclosure xc: Salinas. Construction Technologies, LTD Berry Contracting, LP - DBA Bay LTD Sincerely, URBAN ENGINEERING Murray F. Hudson, P. E. Abel Herrero trtlel @herreroloftiia.ccon Jennifer K. Loftin iennifer@lterrerotoftin.cam HERRERO & LOFTIN, PLLC Attorneys at Law April 23, 2015 Via. Regular Mail And Via Email: Jeffrev3E@cctexas.com City of Corpus Christi 1201 Leopard Street, 3rd Floor Corpus Christi Texas 78469-9277 Attn: Re: Jeffrey H. Edmonds, P.E. Director of Capital Programs 3 606 N. Caraneahua, Suite 506 Wilson Plaza Corpus Christi, Texas 78401 Phone: (361) 882-1882 Facsimile: (844) 270-4827 Salinas Construction Technologies, LTD. bid for Waldron Road from Caribbean Dr. to Glenoak Dr. Bond 2014/City Project No. E13099 Our File No.: 14.017 Dear Mr. Edmonds: On behalf of our client, Salinas Construction Technologies, LTD ("Salinas"), we submit the following additional information in response to Urban Engineering's letter, dated March 5, 2015, signed by Murray F. Hudson, P.E., regarding its recommendations for the Waldron Road Project referenced above ("Urban's letter"), and as a follow-up to our meetingin the City Attorney's office on March 30, 2015. As you are aware, in recommending to the City of Corpus Christi ("the City") that the Waldron Road Project E13099 not be awarded to Salinas, Urban Engineering-identtfi .three -real ins. Howe -ver, ,t€a _noted In our _letter .;.-tlated-Ma h::17.:.2015 - because those reasons listed are misleading, inaccurate, or false, as it relates to Salinas, we strongly request that you disregard Urban's letter completely. In addition to re -urging the points made in our March --17, 2015, letter, we provide -additional information -as -noted -below: MISLEADING: In addition to the documents previously provided to indicate that Salinas' work was completed pursuant to adjusted contract times made through change orders, Salinas makes note of the following timelines related to previous and on-going projects: On the Greenwood Project, the Notice to Proceed (NTP) was issued on 0411.4(2008 and the Project Final Walk Through was on 08/06120/0 (845 Calendar Days from NTP to Project Final). This is 164 days ahead of schedule. 1. Original Contract Time 2. Change Orders #1 - #15 3. Total Contract Days 364 Calendar Days = 645 Contract Day Extension 1,009 Adjusted Contract Time April 23, 2015 On the Horne Road Project, the City currently has two Time impact Analysis for conflict and delays caused by existing utilities and additional change order work. Documents substantiating these timelines were previously provided. Ivloreover, given that those documents are within the City's project files, we refer the City to those project files in their entirety; Therefore, we once again argue that to imply that Salinas is incapable of maintaining a project on schedule is misleading because factors beyond Salinas' control have in fact been the cause for delay. INACCURATE: As previously noted, Urban Engineering is, also ,inaccurate in alleging that Salinas is in "disbarred status" withanother municipality because of "non-performance" on its part. Salinas is not aware of any "disbarred status". Moreover, pursuant to the terms of the contract with the City of Seguin, because Salinas had fulfilled its obl tions but had not yet received payment for its: completed work, Salinas was required to initiate a suit to recover monies owed to it by the City of Seguin. As discussed in our meeting with Veronica Ocanas and Miles Risley., another attorney, Sylvan Lang, is representing Salinas in that matter. it is my understanding that Mr. Lang has recently reached out to Ms. Veronica Ocanas in an effort to answer any additional questions the City may have related to the City of Seguin. Please feel free to communicate directly with Mr. Sylvan Lang at Tang Law Firm, PC, 13409 NW Military Hwy, Suite 210, San Antonio, Texas 78231, Telephone 210-479-8899, Fax 210-479-0099 and email sylvan@Iangfirm.com. FALSE: tLY fail when it claims that Salinas lads " itet#with proposed'construction techniques. Not anlTdoes Salinaslhave"`experience with the proposed` construction techniques, but it also has successfully utilized them in areas close to the Waldron Road Project. Specifically,; two of the completed bySalinas for the City have been Cateay' Azores. and Jamaica & Caribbean, which had all of the underground utilities removed and replaced -in-place with handling of the existing ground water table. Both had flour bluff sand that was cement stabilized and were overlaid with hot mix asphalt. This work, material, and technique is identical to the Waldron Road Project. In fact, the Waldron Road Project is an extension of these other two project. In addition, in the completed Greenwood. Project handled successfully by Salinas, the subsurface detail work is also identical to the Waldron Road Project. The existing material was cement stabilized and overlaid with hot mix asphalt while leaving the existing curbs in place. This work was accomplished half the road at a time, such as. required on the Waldron Road Project. Documents substantiating this information are contained in the City's project files relevant to each project. Please refer to those project files in their entirety;. April 23,2015 This completed work history verifies that Salinas has a successful and proven history of experience and knowledge working with conditions, materials, and techniques such as those of the Waldron Road Project Therefore, Urban Engineering should not be permitted togive false information in denying Salinas the Waldron Road Project; NEER FACTORS: As you are aware, under Texas 1a r,.a contract mustbe awardedto the lowest responsible bidder since the Waldron Road Project is a contract for the construction of ". streets,... utilities...etc " As such, given the information available to the City, we note that. Salinas' bid remains the lowest responsible bidder. We thank you in advance for your time and consideration. Yours truly, Abel l"ierrero Jennifer K. Lothn. AHps cc: Via Email: MilesR cetexas.com Miles Risley Veronica Ocanas —Via Email: Veroniica0 ccte as.com Janet Kellogg Via Email: JanteiK@cciexasxam City of Corpus Chrisd Attorney 120 North Chaparral, Room 240 Corfu Christii Texas Via. Email: Ron0@ectexas.com Rnald L. Olson City Manager of Corpus Christi 1201 Leopard St. Corpus Christi, Texas 78401 Via End: GustavoGo@cctexas.com Gustavo Gonzalez,P.E. Assistant City Manager of Public Works .Ut'tides Via Email. Vateri cctcas com Valerie 11. Gray, P.E., Executive Director of Public Works Via Email. JerryS2@ectexas.com Jerry Shoemaker; P.E. former Interim Director of Capital Programs EXHIBIT C Horne Road -- Ayers Street to Port Avenue (Bond 2012) (Project No. E12100) 1. Letter from Naismith Engineering Inc. dated March 24, 2015, RE: Project Observations and Concerns 2. Letter from Naismith Engineering Inc. dated May 15, 2015, RE: Project Concerns NaismithEng nee rng,Inc ARCHITECTURE* ENGINEERING i ENVIRONMENTAL* SURVEYING TBPE FIRM NO. 'F-355 March 24, 2015 TBPLS No. F..=100395 00 ESTABLISHED 1949 OVER 60 YEARIS. OF ENGINEERING EXCELLENCE Mr: Daniel Salinas Salinas Construction Technologies, Ltd. 3734 F.M. 3006 Pleasanton, Texas 78064 ECM MaRz 2015 Re; .Horne Road Construction (Project No. E12100), Bond 2012 project Observations and Concerns Dear Mr. Salinas: In accordance with your firm's contract with the City. of Corpus Christi, Texas (City) for the construction of improvements to Horne Road, Naismith Engineering, Inc. (NEI) and the City are concerned that the construction of the above referenced project will not be. completed withinthe projected timeframe outlined in your contract. Our observations at the project site indicate that there have been extended periods after your firm received its notice to proceed when there has been no work performed at the site during periods of acceptable weather. We have also observed that during periodsof inclement weather, there were minimal or no efforts made by your firm to attempt to mitigate the. effects of the inclement weather, such as pumping off accumulated storm water. In addition to negatively impacting theproject schedule, thishas created significant hardship on the local businesses that rely on the section of Horne Road occupied by this project for their:live ihood he4ack of d6ily_do-nsituttioit-adiVity_&u:Ltififaildfdiodaily adequately maintain the project site have become a public affairs nightmare for the City of Corpus Christi. The. Agreement with the .City includes 180 Calendar Days to reach the Substantial Completion of the project. Based on a start date of Monday, October, 27, 2014, the original substantial completion date is scheduled to be on Friday, April 24, 2015. The original construction schedule submitted by Salinas Construction dated October 27, 2014 indicated that the Substantial Completion date would be April 27, 2015, coinciding with the required Substantial Completion date. A projected Substantial. Completion date of April 27, 2015 leaves roughly 34 calendar days from the date of this letter left to reach the Substantial Completion Date. Our observations and measurements indicate that without the Mobilization value, less. than 11% of the construction work has been completed to date. While we are in general agreement that some additional days are due for items related to a proposed change order and some weather delays, we still feel that the project appears tobe substantially 4501 Gollihar Road, corpus Christi, TX78411 R 800-677-2831 361-8149900 Fax 361-814 1401 N naismith-engineering.com Mr. Daniel Salinas Salinas Construction Technologies, Ltd. March 24, 2015 Page 2 of 4 behind schedule and that continued construction effort representative of your fan's prior work on this project will result in your firm exceeding the agreed project schedule. As a reminder, your firm's agreement with the City stipulates that your firm shall pay the City (as project Owner) $785 for each day that expires after the date specified for substantial completion until the work is substantially complete. At this time, we are in the process of evaluating your proposed claims for additionalcost. associated with several construction items as well as the addition of additional contract time to account for inclement weather. The proposed change order was originally received by the City Inspection department but had not yet been reviewed by NEI. A. copy of the change order was made available for our review after our bi-weekly construction' °meeting on Monday, March 2, 2005. A copy of a time impact 'analysis prepared by Salinas and dated 02-04-15 was also made available for review. Based on ourreview we identified two major items related to your claim for additional cost resulting from what you believe represents additional work. A request far clarification on the two items was subsequently submitted to Salinas for clarification. • Change :Order Item 3 was for cement stabilized sand that was washed away by the broken service line: We have no way to confirm the actual amount of sand. • Change Order Item 4 was for exploratory excavation. We are not in agreement that payment for this request is due. Furthermore, the value of $5,865 seems excessive for exposing a waterline at 6 locations having only 3' of cover.. Although a ;response was. provided ,to -clarify these :-concerns,,, we are riot:: in'agreement that these items warrant additional costi and additional under the tents 'of the contract. We also reviewed the time impact analysis (TIA) and do not agree that 45 Calendar days is warranted based on the information provided. One of the items on the TIA included (15) Calendar Days related to production inefficiencies resulting 'because of the concerns with additional service lines. We need clarification on this request. It appears that the actual installation time in the field was substantially less based on the daily field reports. Another item includes a request for six (6) calendar days of downtime while repairs to 3 small service lines was completed by the City. We believe this is an excessive amount of time forthis item Based on our review of the TIA, we feel that only 20 additional Calendar Days are warranted out of the 45 additional calendar days requested. Rain days will be incorporated into the change order in accordance with the terms of the contract Based on the Inclement Weather Letters provided by Salinas, there has been Naism thEngineering,Inc. ARCHITECTURE® ENGINEERING N ENVIRONMENTAL IV SURVEYING Mr. Daniel Salinas Salinas Construction Technologies, Ltd, March 24, 2015 Page 3 of 4 roughly 34 days identified since the start of the project. However, based on the City's Power Street rain gauge therehas been 11 days having in excess of 0.5" of rain since the start of the project. As you will recall, the Power Street gage is specified in the agreement as the based for determining inclement weather days due to rain. Based on the daily field reports from the project site, there has been roughly 18 days identified. After comparing the 3 side by side as well as the overlap of rain days with other delay days, we believe that 18 additional Calendar Days are warranted for Rain Delays out of the 30 calendar days identified in your Inclement Weather Letters. On Wednesday, March 19, 2015 I visited two construction sites to evaluate the impact of the overnight rain event: the Horne Road project and another City, street project under construction concurrently. At the' other City construction site, the contractor's crews were busy pumping water, cleaning up mud and preparing the site to complete some additional work. At the Horne Road site, for which your firm is responsible, there was no activity. We observed that the site was holding, water, the roadway was full of material blocking drainage, the gutters were holding material blocking drainage and. previously completed pavement repairs were failing. Vehicles were meandering through the roadway and ponded water attempting to avoidthe hazards. A construction tractor was parked in 10" of standing water. Subsequently that same tractor leaked hydraulic fluid into the standing water in the Public R.O.W., on Friday, March 20th, 2015. Your firm has been asked by our inspector and by the City to meet the requirements of your agreement to fully maintain the site including the Traffic Control devices, SWPPP and pavement repair. Your firm's current efforts are not meeting the terms or the intent of your agreement with the City. in -the earlyhours: of -Friday, March :2015 the;utilitycontractor hired b Salinas :: y13,�.:: y onstri ctioni completedKKa Waterline-tie-in.-Thee iritenfof the tie -tri was to connect a new 8" PVC line to an existing asbestos -cement (AC) waterline. The existing AC line had a:. ,, .�.mechanical.joint.tee.which..connected`. to_an:existing_ire hydrant assembly. We inetjn the field with representatives of your firm and your subcontractor and reminded you about the procedures specified in the contract documents that prohibit the field cutting of AC pipe. The scope of work for this connection discussed in the field was to remove the tee and use the end of the existing AC line as the connection point. The utility contractor disregarded this agreed work plan and cut the AC line to make the connection_ This is decision was not his to make and the alternate work scope he executed does not comply with the terms of the contract. Furthermore, the process of cutting the line was completed with what appeared to be non; trained personnel without proper Personal Protective Equipment (PPE). The cutting of the pipe requires workers with specialized training using wet work procedures to cut and remove the pipe. We will need some documentation from Salinas that the workers and that the superintendent has received the proper training and that the proper methods were utilized. The approved methods are governed by the National Emissions Standards for Hazardous Air Pollutants (NESHA. P) and the Occupational Safety and Health Administration Naism th Eng neeri ng,=nc ARCHITEC UREi ENGINEERING ti ENVIRONMENTALASURVEYING Mr. Daniel Salinas Salinas Construction Technologies, Ltd. March 24, 2015 Page 4 of 4 (OSHA). Furthermore, leaving sections of cut pipe and cuttings at the site could be considered contamination of the site and could require more stringent cleanup efforts. Another item we have previously discussed with your frrn is the presence of a qualified Project Superintendent on the project site, as required by the contract documents. At the bi-weekly construction meeting on Monday, March 16th, 2015, Mr, Pedro Gonzalez indicated that he was acting as the Project Site Superintendent. We have no information about his credentials. Until such time as your firm can produce documentation that confirms he is qualified to represent Salinas Construction as the Project Site Superintendent, he is not approved to serve as the project superintendent. You submitted an email with Mr. Gonzalez resume on. Friday November l lth, 2014 and it indicated that he would be an Assistant to the team; ' Not "a Site Superintendent. The original person submitted to be the Superintendent was Mr. Octavio Garza. We have not observed Mr. Garza as present on site in quite a while. With Mr. Garza's absence, and the individuals present on the site not documented as meeting the requirements of. the agreement, the lack of a qualified superintendent does not comply with the requirements of the contract documents. On a related note, the Superintendent or his designee is to visit the site even if there is no construction activity going on. Your firm's qualified superintendent is still responsible for visiting the site on a daily basis, to confirm that all TCP items are in place. The majority of the items or concerns covered in this Tetter have been discussed with you and your representatives on numerous prior occasions including at the biweekly construction meetings or by correspondence. It is imperative that your firm provide the proper level of resources to complete this project within the agreed timeframe. We look -__footvard:to a prompt iesponse an how you -intend tomeet the: terms of the agreement :- and complete t Wimportant-project Tor the -City of -Corpus -Christi. We standµ ready fo assist in any way that we can. Sincerely, NAISMITH E NG, INC. Wilfredo Rivera, r., P.E. Project Engineer Cc: Jerry Shoemaker, City of Corpus Christi. Capital Programs Phil Boehk, City of Corpus Christi Kent Powers, City of Corpus Christi Z:i9008 - Hoche Road (Ayers to Part Avenue)ICorrespondencelSolinas-001 (rev 1).dac aismithE•ng.ineonn:g Inc ARCHITECTURES ENGINEERING Vit. ENVIRONMENTAL"mSURVEYING 2 NaismithEngineer ngInc ■ . ARCHITECrUREU ENGINEERING. ENVIRONMENTAL■SUM/EMIG TM FIRM No. F-355 - MIS No. F-100395-00 EST4sLrSHEo t 949 OVER 60 YEARS OF ENGINEERING EXCELLENCE May 15, 2015 TRANSMITTED VIA E-MAIL: dsaiinas@sct[td.com and by U.S., MAIL -CERTIFIED Mr. Daniel Salinas Salinas Construction Technologies, Ltd: 3734 F.M. 3006 Pleasanton, Texas 78064 Re: Horne Road Construction (Project No. E12100), Bond 2012 Project Concerns Dear Mr. Salinas: In accordance with your firm's contract with the City of Corpus Christi, Texas (City) for the. construction of improvements to Horne Road, Naismith Engineering, Inc. (NEI) and the City are gravely concerned that you are not showing an increased effort to attempt to get the project back on schedule. On Tuesday, May 5, 2014 a meeting. was held with Salinas Construction, your legal counsel (Mr. Abel Herrero) along with representatives of the City, City Attorney's Office and Naismith Engineering, Inc.. Numerous concerns were discussed at the meeting. However, everyone. agreed to work together to move the project forward. One of the items discussed was the issuance of_a change order for rain days Mr Jose Luis Davila -submitted a -time -impact anaiysisfarweather daysaon WednesdayrMay- -for NEI -review and: approval. NEI reviewed the analysis and after deleting days which were not in agreement, it was agreed that43 rain days were due for the period from October, 2014 through April, 2015. A -change -order was-prepared-ard submitted to -Salinas -for signature -on -Wednesday, May 13' We are awaiting a signature from Salinas in order to execute the rain day change order. On a prior Change Order, Salinas had opted to strikethrough some standard language. The strikethrough was rejected by the City and subsequently Salinas executed the Change Order without the strikethrough. Please note that if Salinas modifies the standard wording again by strikingthrough, then the Change Order will be rejected again and may not be re -considered for approval. A seconditem discussed and requested was an updated project schedule which. showed an increased effort in order to get the project on an acceptable schedule. The schedule was to be submitted within a week of the meeting. On Tuesday, May 12th, Mr. Jose Luis Davila submitted the updated schedule via email to Kent Power and was copied to others. On Wednesday, May 12th Mr: Kent Power responded via email that the revised schedule was not acceptable for numerous reasons and asked that it be revised. In addition, Bid items A-92 through A-96 "Existing Box Culvert Repairs" were not incorporated into the submitted schedule; The City is waiting on a response to the schedule revisions requested. 4501 Gollihar Road. Corpus Christi, TX.78411 U 800-677-2831 361-814-9900 Fax 361-8144401 • naismith-engineerfng.rom May 15, 2015 Mr. Daniel Salinas On Thursday, May 14th, 2015 Salinas Construction was on site with a minimal crew doing minimal work, The work included installing some concrete blocking on waterlines which should have been installed severalweeks back when the lines were initially installed. The crew also completed some pavement repair. Our inspector was notified that cement stabilized backfill was not available to Salinas and therefore it hampered your ability to continue work. Please be reminded that properly scheduling materials required for completion of the work in a timely manner is your responsibility It will not be considered an excuse for not completing the work. We need to re -iterate that the effort being put forth by Salinas Construction is NOT considered adequate to "Recover' the project schedule, As expressed by Salinas Representatives at the meeting on May 5, 2014, the level of effort was to be 'increased. This has riot been the case during the course of the Last 2 weeks. It is imperative that your firm immediately marshal its resources and proceed to meet the accelerated schedule as soon as possible. Your proposed schedule and your representatives indicate that you will be working on Saturday, May 16th. Failure to do so will be interpreted as your failure to comply with the agreement to step up the effort. Your immediate attention to these matters is required. Sincerely, NAISMITH EERING, INC. Wilfredo Rivera, J.r.'P..E.. Project Engineer Cc;JerryShoemaker, City °of•CorpueChristi~Capltal'Programs Phil Boehk, City of Corpus Christi Kent Powers, City of Corpus Christi —Marco's Luna; Naismith -Engineering -,-In Jose Luis Davila, Salinas Construction Technologies :1Construction/Sallnas-O02 Na smithEngineering,Inc ARCHITECTUREIe[ ENGINEERING N ENVIRONMENTALU:SURVEYING EXHIBIT D Pleadings filed in Salinas Construction Technologies Ltd v. City of Seguin CAUSE No. 13 -1957 -CV SALINAS CONSTRUCTION TECHNOLOGIES, LTD v. THE CITY OP SEGUIN 1 Electronically Filed 11/1912013 183:04 PM Debra Crow Guadalupe County District Clerk Jessica Hargrave, Deputy IN THE DISTRICT COURT 25th JUDICIAL DISTRICT GUADALUPE COUNTY, TEXAS SAUNAS CONSTRUCTIONTECHNOLOGITS, LTD'S SECOND AMENDED ORIGINAL PETITION COMES NOW Pleintifl SALINAS CONSTRUCTION TECHNOLOGIES, LTD (hereinafter referred to as "Salinas") files this, its First Amended Original Petition, and would assert as follows: PALL LES 1. Plaintiff% Salinas Construction Technologies, LTD is a Texas limited partnership with its principalplace of business located in Bexar County, Texas. 2. Defendant, The City of Seguin (hereinafter referred to as "the City" or "Defendant") a political subdivision of the State of Texas has been served through service of ___prooess.ort_the_City"s Secretaz;Thalia Pollan Stautzertherger, 205 N. River St.,Seguin, Texas 78155 and has entered an appearance to this case through counsel. VENIIE & JURISDICTION 3. The Court has jurisdiction over the parties because they are all Texas residents and/or reside in the state of Texas. The Court has jurisdiction aver this controversy because the damages sought are within the jurisdictional limits oldie Court. 4. Venue over this action properly lies in Guadalupe County pursuant to §15.0151 of the Texas Civil Practice and Remedies Code, because the Defendant is a municipality of the State of Texas, which is located in Guadalupe County, Texas. DISCOVERY CONTROL PLAN 5. Salinas intends to conduct Level 3 discovery pursuant to Section 190.4 of the Texas Civil Practice and Remedies Code. NO SOVEREIGN IMMUNITY 6. Pursuant to Section 271.152 of the Texas Government Code, a local governmental entity's purported immunity from suit has been waived by the Texas Legislature. NATURE OF DISPUTE 7. On or about November, 2011, the City of Seguin contracted with Salinas for the construction of street, sewer and water system improvements for the Geronimo Creek Sewer Project in the City of Seguin (the "Project"). 8. Salinas properly provided labor, materials and other services in a good and _.workmanlike manner for the benefitof the City on this Project but has not been paid for same. Salinas has invoiced the City for the work it performed at the request and direction of the City, but the City -has rel. ed` o pay these invoices; which are`now"past due and' owing: Tlie-Cithas--- - also wrongfully terminated Salinas. 9. The Project involves the design and construction of approximately 800 L.F, of 18" gravity sewer, 660 L.F. of 15" gravity sewer, 4,260 L.F. of 12" gravity sewer, and 6,110 L.F. of 8" gravity sewer main. In addition, approximately 2,940 L.F. of 6" water main and 920 L.F. of 8" water main are included in the Project. The City provided plans and specifications insufficient to construct the Project. In addition, the City furnished a geotechnical report that inaccurately depicted the ground conditions which has caused and continues to cause substantial delays to the Project. FACTS 10. This suit arises out of a dispute over a construction contract ("the Contract") for the construction of the aforementioned Project. The plans and specifications ("Specifications") for the Project were designed and sealed by TRC Engineers, Inc. ("TRC"). Work began in March, 2012 and, under the terms of the Contract, was to be completed in March of 2013. Sa1inRs' scope of work involved the installation of a main sewer line and residential streets in a subdivision located in the city of Seguin, Texas. 11. The Specifications prepared by TRC contained several deficiencies which rendered portions of the project virtually impossible to construct, By way of example only, TRC failed to specify an appropriate type of pipe for the main sewer line resulting in water and silt infiltrating the sewer line in numerous places; the designed slope of the sewer line was inadequate for the line to drain properly; and, the trench base design was insufficient to support the -weight ofthe fill material causing the sewer ane to sink into the _sub base These issues and others resulted in substantial delays and extra work on the project. 12. Salinas was ultimately.. tide to complbt`e installation ar' a sewer line, and— performed and passed all specified tests to demonstrate that the line was installed correctly. However, the City rejected the sewer line installation based on alternate tests which are not part of the Contract with the City or Specifications provided by TRC. Salinas performed extra work attempting to address the City's concerns about the sewer line but the City rejectedproperly performed work that is in full compliance with the Specifications. 13. Due in large part to the deficient design, Salinas failed to complete the project by the scheduled completion date. Salinas requested additional time to complete the project in accordance with the terms of the Contract but the City denied Salinas' multiple requests and wrongfully withheld liquidated damages from Salinas' progress payments. Further, .due to alleged defects in construction—all of which arise out of the defective design. the City withheld substantial payments for work in place. 14. Despite Salinas' adherence to the terms of the Contract and its willingness to continue to perform work at the Project site notwithstanding the City's unreasonable administration of the Contract and its provision of defective Specifications, the City wrongfully, and without just cause, terminated Salinas on October 8, 2013. tHLORIES OF RECOVERY BREACH OF CONTRACT 15. Salinas entered into a valid contract with the City to provide labor and materials in connection with the Project, in return the City agreed to pay Salinas for its work and services. _Assuch, the City is - a_ primer party to sue for breach of the Contract Salinas has properly performed work under the terms of the Contract and has subsequently invoiced and demanded payment from the CityMr-the Wei&performedTinaccordance` with"the`terms-oftheContract: -The- City's refusal to grant reasonable time extensions, and to timely pay Salinas for work in place constitute material breaches of the Contract. 16. All work and labor provided by Salinas at the City's request on the Project was performed in a good and workmanlike manner. All goods and materials provided by Salinas for the Project in connection with the work were of a kind and quantity to meet the Specifications. 17. As a result of the City's material breaches, Salinas has been damaged in an amount not less than $1,431,636.89 exclusive of costs, interest and reasonable and necessary attorneys' fees. 18. The City has failed and refused and continues to fail and refuse to pay the outstanding balance due to Salinas under the contract, plus interest thereon, despite Salinas' demands for payment. 19. As stated above, the City has waived immunity from suit and/or liability for breach of a written contract. 20. For these reasons, Salinas seeks recovery of its actual damages, costs of suit, interest and reasonable attorney's fees. WRONGFUL TERMINATION 21. The City's termination of Salinas' contract for allegedly failing to complete the contracted work within the Contract time and in conformance with the Specifications was wrongful. Salinas was prohibited from timely performance due in large part to the deficient plans and specifications _provided by the City. Salinas requested reasonable time extensions to complete the Contract work but the City rejected virtually all requests. Further, Salinas' work h "beentestedand- pprovedir-accordance"witlrthe Specificationsmyefithe:City ref sed omake - payment. And, while Salinas disagreed with the City's position with respect to the quality of the work, it was nevertheless addressing the City's concerns at the time the City issued a termination notice. 22. Salinas is entitled to recover the balance of the contract at the time it was wrongfully terminated and is entitled to reimbursement for the cost and expenses to complete all work on the Project at the direction and request of the City. VIOLATION OF THE PROMPT PAYMENT STATUTE 23. The City has violated Section 2251.001 et, seq. of the Texas Government Code by failing to pay Salinas within thirty days for services, performed in accordance to the Specifications and terms of the Contract for which the City was properly invoiced. CONDITIONS PRECEDENT 24. Salinas has fully performed all obligations and conditions precedent, if any, to be performed on its part. Ail conditions precedent have occurred, been satisfied, or otherwise been waived. ATTORNEYS' FEES 25. As a result of the City's breach of contract, Salinas was forced to retain counsel to recover the amounts due and owing. Pursuant to Section 2251.001 et. seq. of the Texas Government code and Section 38.001 of the Texas Civil Practices and Remedies Code, Salinas is entitled to its reasonable attorneys' fees for the prosecution of this entire case and costs incurred in enforcing and collecting the amounts due. Salinas has made formal presentment upon the City for:payment of the contraet.advanced herein more_than 30 clays prior toinstitution_of suit and has not been paid. PRl JUDGMENT A`ND"POSTJ UIJGMENT INTEREST- 26. NTEREST2b. Salinas is further entitled to prejudgment interest at the highest rate allowed by law for its claims based upon breach of contract and wrongful termination. 27. Salinas is further entitled to post judgment interest at the highest rate allowed by law for its claims based upon breach of contract and wrongful termination. 28. Accordingly, Salinas requests that it recover all of its costs of court and/or judgment be granted in favor of Salinas against the City of Seguin for its actual damages, interest, attorneys' fees, costs and pre and post judgment interest as allowed by law. Salinas further requests such other and further relief, both at law and in equity, to which it may show itself to be justly entitled. Respectfully submitted, COATS 1 ROSE Richard McSwain State Bar No. 24002588 1020 Northeast Loop 410, Suite 800 San Antonio, Texas 78209 Telephone: (210) 224-7098 Facsimile: (210) 212-5698 COUNSEL FOR PLAINTIFF, SAUNAS CONSTRUCTION TECHNOLOGIES LTD, CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing instrument has been served on opposing.. counsel pursuant to the Texas Rules of Civil Procedure on this 19th day of Novemberj2013; astol1ows via fax p (512) 236-0682 —Tdffrey S: Chipman FORD NASsEN & BALDWIN P.C. 111 Congress Avenue, Suite 1010 Austin, Texas 78701 4852-0206-7222.vI Richard McSwain 2 CAUSE NO. 13 -1957 -CV SALINAS CONSTRUCTION 1`h,CHNOLOGIES, LTD Plaintiff, v. CITY OF SEGUIN Defendant, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY Third -Party Defendant § § § § § § § § § § IN THE DISTRICT COURT 25TH JUDICIAL DISTRICT GUADALUPE COUNTY, TEXAS CITY OF SEGUIN'S COUNTERCLAIM AND THIRD -PARTY PETITION AGAINST SALINAS CONSTRUCTION TECHNOLOGIES, LTD AND FIDELITY AND DEPOSIT COMPANY OF MARYLAND, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY TO THE HONORABT.F.JUDGE OF SAID COURT: Defendant, the City of Seguin ("City"), files this counterclaim petition against Plaintiff, - ..Salinas Construction T-echnoiogies LTD -("Salinas") _and third-partyT petition: against-Defendant,— Fidelity Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company ("Fidelity"), and for cause of action respectfully shows the Court the following: L PARTIES AND DISCOVERY CONTROL PLAN 1.1 Pursuant to Rule 190.4 of the Texas Rules of Civil Procedure, discovery in this cause of action has been pled under a Level 3 Discovery Control Plan. 1.2 For its third -party petition, the City is providing the following information only for third -party defendant who has not yet appeared in this lawsuit: 1.3 The City is informed and believes that Defendant, Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company is an insurance company licensed to do business in the State of Texas. Fidelity may be served with process through its registered agent: Corporation Service Company, 211 East 7' Street Suite 620, Austin, Texas 78701-3218. II. FACTUAL BACKGROUND 2.1 In January 2012, Salinas entered into a construction contract with the City of Seguin for the construction an extension of sewer line, road paving, and associated work on a project known as the Geronimo Creek Sewer Project — Phase V. The contract was for $3,593,489.74. The Contract documents include general conditions, plans and specifications, among other documents, regarding the construction of a sanitary sewer and water line, drainage improvements including storm sewer installation, and the reconstruction of streets. 2.2 Pursuant to the contract documents and chapter 2253 of the Texas Government Code, a performance bond was provided by Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company guaranteeing performance of the contract should Salinas default and -fail--toWperforri its-obligations---The..tfoce bored is -numb er--9028945=and,it . attached hereto as Exhibit A. The contract documents between Salinas and Seguin are made part of the bond and its terms. Therefore, all obligations owed to the City of Seguin by Salinas are equally owed by Fidelity in the event of default by Salinas. 2.3 This project was a part of the City of Seguin's annexation of the Oak Village Neighborhood ("OVN"). The OVN annexation resulted in an arbitration agreement, requiring the City of City provide sewer to the newly annexed area by March of 2013. The City's plan for 2 providing the required sewer divided the project into 5 phases, referred to as Geronimo Creek Sewer Project Phase I, II, III, IV, and V respectively. Each phase, I-V, was treated as a separate project. 2.4 Salinas's contract at issue in this case covered Phase V of the Geronimo Creek Sewer Project. Because of the arbitrated deadline to provide sewer to OVN, time was of the essence. The contract between Salinas and the City was executed on January 23, 2012, The contract stated "the time of completion is the essence of the contract" and called for completion by March 2013. The Standard Form Agreement stated that the "Contractor agrees to complete and have in service all utilities (sewer and water) and all other related appurtenances as specified and showed on the plans, within 365 consecutive days as provided in the General Conditions of the Agreement." 2.5 Salinas began Work in March 2012. By May of 2012 the City became concerned that Salinas was falling behind schedule and might fall too far behind to complete the Work by the deadline. The City sent Salinas a letter expressing its concern about completing on time. In response, Salinas submitted an updated schedule showing it could complete the work on time. As it was the contractor's responsibility to ensure the Work was completed by the deadline, the City deferred to the contractor's schedule. However, in January of 2013 after Salinas's submission of a request for extra days to complete the work, the City realized it could not take the schedule at face value, as the -actual-progress-observed-on-the-Projectsite-did-not- comport -with -the -schedules and -delay -requests -- submitted submitted by Salinas. It was apparent to the City that the Project was not going to be completed on time. The City issued a letter to Salinas denying the request for additional days, explaining why the request was unwarranted per the contract and demanding construction proceed at a pace that would insure the timely completion of the project. 2.6 Around this same time in February of 2013, while inspecting other portions of the project, the City discovered that Salinas's crews had damaged existing facilities during construction. As the Contract required Salinas to protect existing facilities during construction and repair any 3 damage caused to the same, the City demanded Salinas repair the damage it caused to the existing facilities. Salinas refused to repair the damage. 2.7 The March completion deadline passed. Salinas failed to timely complete the Work by the deadline. As stated before, time was of the essence for this contract and the contract included a liquidated damages provision authorizing the City to withhold funds from Salinas in the event Salinas's work remained uncompleted by the time specified in the contract. Pursuant to its express contractual authority, the City demanded Salinas accelerate its performance to make up Iost days and the City withheld sums to protect it from damages for delay due to Salinas' failure to timely complete the project, as specifically allowed by the liquidated damages provision. More specifically, delayed performance by Salinas beyond the contractual completion date entitled the withholding of sums to cover accrued liquidated damages. In a letter dated August 14, 2013, Salinas acknowledged the City had the right to withhold liquidated damages for delay. 2.8 Additionally, as noted above, the City had previously put Salinas on notice of defective work that remained uncorrected. In order to protect itself and in accordance with Article 5 of the contract, the City withheld sums to cover the anticipated costs to correct and/or complete this work in accordance with the contract documents should Salinas fail to perform its contractual obligations. he,City notified.Salinas_in writing.:of.the..deficienciesmand failures .aincluding:failure .to.. clean the line, failure to install the line on grade, failure to install proper backfill, and failure to install ribbon curbs. 2.9 In response to this notice and request to repair and demand for acceleration from the City, Salinas continued to fail to perform its contractual obligations by refusing to correct its defective work and by refusing to accelerate its performance to make up lost days. Instead of performing, Salinas attempted to declare the City in default and threatened to suspend its performance. The City continued to demand Salinas correct the deficiencies and expeditiously work 4 to complete the Project. Salinas continued to refuse to acknowledge the deficiencies or present a proposal for repairs and instead continued to engage in a letter writing campaign in lieu of taking responsibility and action. 2.10 As it turned out, after inspections and testing, the City discovered portions of the gravity fed sewer line were not installed according to plans and specifications and not at the correct slope. Major defects in the work included: significant portions of the line sagging, portions of the line containing debris, taps improperly installed, and manholes sinking. Minor defects were also identified that required repair. The City needed and demanded Salinas to correct the defects. 2.11 The sewer line being constructed in this project is a gravity fed sewer line. In order for the line to function properly by moving sewage from users down the line towards an end destination to a treatment facility, the line must have a consistent or fairly uniform slope from manhole to manhole at a minimum Texas Commission on Environmental Quality ("TCEQ") • required slope of approximate one-tenth of one percent (0.11%). While this slope is very close to being flat, it is a slope proscribed by the TCEQ as a minimum and is a standard slope used on many wastewater treatment line construction projects. If the line fails to maintain a consistent slope, the line can become septic where sewage stalls and fails to flow as a result of normal gravitational forces. __ ._The ,Salinis did notconform to xhe. plans..and.specifications,.wasnot:.installecLat_a 0.11% slope, and sagged in multiple locations. 2.12 The City met with Salinas on September 17, 2013 to give Salinas the opportunity to acknowledge and address the deficiencies and offer a plan to correct and finish the work. Although Salinas acknowledged some of the defects and needs for repair, Salinas proposed that some of these repair items be ignored if the defect in the line was less than 31 -feet in length. Although, in an effort to have the work completed expeditiously, the City was potentially willing to waive its requirement that minor defects in the line be repaired, the City was not willing to allow major defects to go 5 unrepaired. Instead of offering a solution for correcting all of the major deficiencies, Salinas again resorted to writing letters. 2.13 The City continued to demand Salinas submit a proposal to correct the defective work. Salinas did not submit a proposal for the corrective work but instead began making repairs without a coordinated plan for repair. The repairs were not being done correctly and were causing additional problems, including contamination of materials. Due to this unacceptable situation, the City formally demanded again that Salinas propose a plan to correct and finish the work called for the in contract. 2.14 Salinas continued to refuse to provide a repair plan. At this point, the City felt like it had no choice but to suspend Salinas's performance at the project, formally declare Salinas in default, and demand that the surety, Fidelity, as the surety and issuer of the performance bond, immediately step in and arrange for the completion of the corrective work necessary to bring the sewer line and other deficient work into conformity with the design documents. The City sent the demand Ietter to Fidelity on October 2, 2013. Pursuant to the contract terms, Fidelity had 10 days to initiate action. If Fidelity failed to initiate action within .10 days, the City had the right to step in, correct the work and seek full reimbursement from Fiddlity and Salinas for all costs incurred in the performance, of obligationswupon which:Salinaadefaulted. 2.15 Salinas ignored the order to suspend performance and continued to ignore the requests for acknowledgment of responsibilities for correcting all defective work. Furthermore, even before the suspension order was issued, Salinas was months behind schedule and failed to make adequate progress towards completing the project. Work was erratic, Iacked direction, and failed to address critical path items, namely the completion of the sewer line to allow for paving operations to begin. Due to Salinas's material breaches of contract, the City terminated the contract. 6 2.16 Despite being given notice of the defective work and need for prompt corrective work and completion and despite the fact that Fidelity had been monitoring the project and was well aware of the issues that led to Salinas's termination including being involved for over two months during the process of demanding repairs, Fidelity chose not to accept its obligations to take over the project. Given the very delicate situation with the affected subdivision, the City was in no position to allow additional delays in waiting for Fidelity to take action. 2.17 The City gave and continued to give Fidelity opportunities to step in and take over the Project, but Fidelity did not; therefore, the City hired a replacement contractor to repair and complete the work. The City hired Jordan Foster to perform the repairs and completion of the Project. After adjustments in scope of work, the contract price was approximately $675,270.00 for the utility work, $606,587.00 for the Phase 1 Street work and $1,202.194.00 for the Phase II Street work. 118 The penal sum of the performance bond provided by Fidelity is $3,593,489.74. As such, the limit of Fidelity's liability for damages is $3,593,489.74, not inclusive of attorneys' fees and interest incurred by the City and caused by Fidelity's breach of its bond obligations. The City seeks full recovery of its damages from Salinas. Both Salinas and Fidelity would be jointly and severally liable for..the:first $3,5.93;482.74_awarded.to--tbe Cityyby_.thejury: III. COUNTERCLAIMS AGAINST SALINAS A. Breach of contract — Salinas 3.1 The City re -alleges and incorporates herein by reference, as though set forth in their entirety, the allegations contained in Paragraphs 2.1 through 2.18. The City specifically reserves and does not waive the right to amend the following allegations once substantial discovery is complete. 3.2 The City and Salinas entered into a valid and enforceable contract. The City has complied with its obligations contained in the contract. 7 3.3 The City hired Salinas to complete the project in a timely manner and in compliance with the Contract documents. Instead of timely completing its work, Salinas breached the Contract and did not complete the Project. The City would show that Salinas materially breached the Contract documents by failing to perform in accordance with its obligations. Among other things, Salinas failed to complete work according to the Project schedule, failed to produce work of acceptable quality, and failed to remedy its defective work. 3.4 As a direct and proximate result of Salinas's failure to perform in accordance with the Contract documents, the City has suffered damages within the jurisdictional limits of this Court, plus all applicable interest and attorney's fees resulting from the City's efforts to enforce its contractual rights. Tex. Civ. Prac. & Rem. Code 538.001. B. Negligence — Salinas 3.5 The City re -alleges and incorporates herein by reference, as though set forth in their entirety, the allegations contained in Paragraphs 2.1 through 2.18. The City specifically reserves and does not waive the right to amend the following allegations once substantial discovery is complete. 3.6 Salinas, as contractor represented itself to be competent and capable of performing the Work at the Project in the specified time, owed a duty to the City and landowners not to perfor _its,..w.or n a_negligent ashi z hat causeddamage_ to_work, adjacent,r he Project—Salinas has breached its legal duty and has proximately caused damages to the City as a result of its negligence. These damages are separate and apart from contractual damages caused by Salinas's breach of contract and are recoverable by the City under common law theory of negligence. 3.7 Salinas caused damage to existing facilities, monitoring wells and portions of Phase IV that require remediation and correction the City must provide. As a result of Salinas's negligent acts and the damage to the separate structures, the City has been damaged and seeks recovery of said damages from Salinas. 8 IV. CROSS-CLAIMS AGAINST FIDELITY A. Claims Under Performance Bond — Fidelity 4.1 The City re -alleges and incorporates herein by reference, as though set forth in their entirety; the allegations contained in Paragraphs 2.1 through 2.18. The City specifically reserves and does not waive the right to amend the following allegations once substantial discovery is complete. 4.2 The City would show that Salinas secured the performance bond from Fidelity and that the City has taken all steps necessary to, and in fact did, perfect its claims against the bond. Without limiting or waiving the generality of the foregoing, the City would show that its claims were perfected by sending all proper and timely notices required by law, if any. All conditions precedent have been satisfied in order to create and perfect said daims against the bond. The City seeks enforcement of the daims in the performance bond. 4.3 As a direct and proximate result of Fidelity's failure and/or refusal to perform in accordance with its obligations under the performance bond, the City has suffered damages within the jurisdictional limits of this Court, plus all applicable interest and attorneys' fees. V. ATTORNEYS' FEES 5.1 As a result of Salinas's breach, the City has been compelled to employ the .undersigned attorneys to._represent;,its..interest inthis_matter, and has: agreed to pay reasonable attorneys' fees for their services. Hence, pursuant to Section 38.001, et seq. of the Texas Civil Practice & Remedies Code, the terms of the contract and bond, and any other applicable Texas law, the City is entitled to recover of and from Plaintiff Salinas and Defendant Fidelity, jointly and severally, any and all reasonable and necessary costs and attorneys' fees, to be proven at the time of trial, for services rendered through and including the time of trial, post -trial motions, and any appellate actions before the Court of Appeals or the Texas Supreme Court. 9 VL INTEREST 6.1 The City would further show, by virtue of the laws of the State of Texas, that it is entitled to recover all legal and equitable interest, both pre -judgment and post -judgment, at the highest legal rate of and from Plaintiff and Defendants, jointly and severally, as allowed by Texas law. VII. DAMAGES 7.1 As a direct and proximate result of Plaintiff's and Defendant's failure to perform its contractual and bond obligations, the City has been damaged in the amount of approximately $2,439,051.00 and herein seeks recovery of these damages. Requested damages are within the jurisdictional limits of this Court. VIII. CONDITIONS PRECEDENT 8.1 All conditions precedent to the City's right to recover the relief herein requested have been performed or have occurred as required by Rule 54 of the Texas Rules of Civil Procedure. IX. PRAYER WHEREFORE, PREMISES CONSIDERED, Defendant, the City of Seguin, prays that Defendants appear and answer and that the City have judgment against Plaintiff for the following. Damages within the jurisdictional limits of this court; Reasonable attorney fees; Pre -judgment and post -judgment interest as allowed by law; Costs of suit; and All other relief the Court deems appropriate. 10 Respectfully submitted, THE CHAPMAN FIRM, PLLC 7000 North Mopac, Suite 180 Austin, Texas 78731 (512) 872-3840 (512) 879-9033 facsimile By: Jeffrey S. Chapman State Bar No. 24026469 Caroline Hall State Bar No. 24085689 CERTIFICATE OF SERVICE I certify that a true copy of this document has been served on the persons or parties identified below in accordance with one or more of the methods of service recognized by the Texas Rules of Civil Procedure on the 18th day of November, 2014. Sylvan S. Lang, Jr. Lang Law Firm 13409 N.W. Military Hwy., Suite 210 San Antonio, Texas 78231 Phone: 210.479.8899 Fac_ 210.479:009 Email: sylvanglangfirm.com Via email and fax Christopher R. Ward Strasburger & Price, LLP 901 Main Street, Suite 4400 Dallas, Texas 75202 Phone: (214) 651-4722 Fax: (214) 659-4108 Email: Christopher.Ward{a strasburger.com Via email and fax Jeffrey S. Chapman Caroline Hall 11 PROJECT BUDGET Waldron Road (Glenoak to Caribbean Street) June 9, 2015 FUNDS AVAILABLE: Street 2014 Tax Notes (Bond 2014) $ 516,136.36 Street 2015 General Obligation Fund (Bond 2014) 1,283,863.64 Storm Water CIP 164,675.00 Water CIP 79,044.00 Wastewater CIP 85,631.00 Ordinance (Street) 200,000.00 Ordinance (Water) 953,920.00 Ordinance (Wastewater) 202,880.00 Ordinance (Storm Water) 138,552.00 Total........... $ 3,624,702.00 FUNDS REQUIRED: Construction : Construction Contract (Bay, Ltd) $ 2,580,631.90 Street 1,454,235.55 Stormwater 120,480.00 Water 829,497.35 Wastewater 176,419.00 Contingencies (5%) 129,031.60 Construction Inspection (In House) (2.25%) 81,555.80 Construction Materials Testing Agreement (Rock Eng) 22,016.50 Engineer and Design Fees: *Design Engineer - Urban (Original and 2 Amendments) 699,700.00 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) (1%) 32,150.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) (1.5%) 48,225.00 Misc. (Printing, Advertising, etc.) 5,000.00 Total $ 3,598,310.80 Estimated Project Budget Balance $26,391.21 *Original contract approved Feb. 11, 2014 by Ordinance 030083 Amendment No. 1 approved March 14, 2014 Administratively Amendment No. 2 approved July 15, 2014 Administratively K:\Engineenng\LEGISTAR\10 - June 9, 2015\W aldron\Project Budget -Waldron NOT TO SCALE PROJECT LOCATION WAL D RO N ROAD GLENOAK DR TO CARIBBEAN DR BOND 2014 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 Corpus Chr sti Capital Programs Waldron Road from Glenoak to Caribbean BOND 2014 Council Presentation June 9, 2015 Project Scope Corpus Chrsti Capital Programs Project includes: • Replace existing 5 -lane road with 4 -lanes and continuous center lane. • Flexible pavement design with concrete bus pads. • Curb & Gutter, ADA compliant sidewalks/ramps, pavement striping. • 10' sidewalks (east side) & 5' sidewalk (west side.) • Utility upgrades. 2 Project Schedule Corpus Chr sti Capital Programs 2014 2015 2016 Feb Mar Apr May Jun Jul Aug Sep Oct Nov Design Dec Jan Feb Mar Apr Bid & Award May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar AprlMay Jun Jul Aug Ili Construction Project Estimate: 210 Calendar Days 7 Months AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of May 12, 2015 Second Reading Ordinance for the City Council Meeting of June 16, 2015 DATE: TO: June 3,2015 Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager of Public Works and Utilities qustavogo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P.E., Executive Director of Public Works valerieq@cctexas.com (361) 826-3729 J. H. Edmonds, P.E., Director of Capital Programs jeffreye@cctexas.com (361) 826-3851 Jerry Shoemaker, P.E., Senior Program Manager Jerrys2@cctexas.com (361) 826-3516 Capital Programs Debarment Ordinance CAPTION: Ordinance amending the Code of Ordinances by adding Chapter 41 titled "Public Works"; adding provisions related to contractor debarment; adding provisions related to the effective administration of the procurement of public works contracts; providing for severance; and providing for an effective date. PURPOSE: The purpose of this Agenda Item is to amend the Code of Ordinances to add Chapter 41, Public Works, and certain provisions designed to protect the City's interest in awarding Public Works, to ensure proper and effective administration of the public works contracts, to codify certain processes performed by the City in the normal course of business, and to ensure that the City deals only with contractors who are responsible in fulfilling their legal and contractual obligations. BACKGROUND AND FINDINGS: This ordinance adds a new chapter titled "Public Works" to Chapter 41 of the Code of Ordinances. The chapter layout is as follows: CHAPTER 41 PUBLIC WORKS Article I. In General. Article II. Procurement of Public Works Contracts. Article III. Reserved. Article IV. Contractor Debarment Article V. Reserved. • Article I is reserved for general public works provisions. • Article II related to procurement of public works contracts, and includes provisions relating to the City's right to reject all bids, provides for the City Council's delegation of authority to reject any and all bids or proposals in certain circumstances; and codifies certain processes related to determinations of bid responsiveness and bidder responsibility that are performed in the normal course of business. • Article III is reserved • Article IV relates to debarment of a contractor for a fixed period of time, with provisions that provide the contractor with due process. Regarding debarment, the City spends millions of dollars on public works contracts. Section 252.043 of the Local Government Code requires the City to award contracts to the lowest responsible bidder without any guidelines on what constitutes a "responsible" bidder. Debarment is a process whereby the City can deem a contractor "not responsible" based on the contractor's past performance. This process will help protect the City's interests and taxpayer money from being awarded to contractors who have a history of not fulfilling their contractual obligations, safety issues or ethical violations. Debarment helps to ensure that the City deals only with contractors who are responsible in fulfilling their legal and contractual obligations to prevent waste of public funds. ALTERNATIVES: 1. Authorize amending the Code of Ordinances. 2. Do not authorize amending the Code of Ordinances. (Not Recommended) OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Complies with statutes regarding construction procurement criteria and the City's Code of Ordinances. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Legal Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 1 Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): RECOMMENDATION: City staff recommends amending the Code of Ordinances by adding 41, Public Works to provide for policies related to procurement of construction services for Public Works projects; authorizing the City Manager or designee to make and implement rules necessary to carry out the stated goals; providing for severance; providing for penalty; providing for an effective date; and providing for publication. LIST OF SUPPORTING DOCUMENTS: Ordinance Debarment Flowchart Debarment Procedures Debarment — Frequently Asked Questions Ordinance amending the Code of Ordinances by adding Chapter 41 titled "Public Works"; adding provisions related to contractor debarment; adding provisions related to the effective administration of the procurement of public works contracts; providing for severance; and providing for an effective date. WHEREAS, relating to public works in general, this ordinance adds a new chapter titled "Public Works" to Chapter 41 (reserved) of the Code of Ordinances and reserves a number of articles and sections in Chapter 41 for adding provisions related to public works in the future. WH EREAS, relating to the authority to reject any and all bids, (a) Article X Sec. 2(c) of the City's Charter provides that "[t]he City shall always have the right to reject any and all bids or proposals;" and (b) Section 252.043(f) of the Local Government Code provides that the "governing body may reject any and all bids;" WHEREAS, relating to the City's right to reject any and all bids, and to ensure proper and effective administration of the procurement process for public works contracts, this ordinance provides for the City Council's delegation of authority to reject any and all bids or proposals in certain circumstances;" WH EREAS, relating to the requirement to award certain contracts to the lowest responsible bidder, the Texas Local Government Code states, in pertinent parts, (a) that "if the competitive sealed bidding requirement applies to the contract for goods or services, the contract must be awarded to the lowest responsible bidder," Tex. Loc. Gov't Code § 252.043(a); (b) that "[e]xcept as provided by Subsection (d-1), the contract must be awarded to the lowest responsible bidder if the competitive sealed bidding requirement applies to the contract for construction of: (1) highways, roads, streets, bridges, utilities, water supply projects, water plants, wastewater plants, water and wastewater distribution or conveyance facilities, wharves, docks, airport runways and taxiways, drainage projects, or related types of projects associated with civil engineering construction; or (2) buildings or structures that are incidental to projects that are primarily civil engineering construction projects," Tex. Loc. Gov't Code § 252.043(d); and (c) that "[i]f the competitive sealed bidding requirement applies to the contract for construction of a facility, as that term is defined by Section 2269.001, Government Code, the contract must be awarded to the lowest responsible bidder or awarded under the method described by Chapter 2269, Government Code," Tex. Loc. Gov't Code § 252.043(e); WHEREAS, the City Council recognizes that the City must invest large amounts of money in public works and critical infrastructure projects; WHEREAS, it is the policy of the City Council that the City solicit offers from, award contracts to, and consent to subcontracts with responsible contractors only; WHEREAS, relating to award to the lowest responsible bidder, this ordinance codifies certain processes related to determinations of bid responsiveness and bidder responsibility that are performed in the normal course of business; @BCL@F4053E47 1 of 13 Pages WHEREAS, relating to award to the lowest responsible bidder and debarring a contractor for a fixed period of time, Chapter 41, Article IV, titled "Contractor Debarment" provides policies, procedures, and processes for contractor debarment; WHEREAS, debarment is a discretionary action that, taken in accordance with this ordinance, is an appropriate means to effectuate this policy, with no further action by City Council required or necessary; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Corpus Christi Code of Ordinances is amended to add a new Chapter titled "Public Works" as follows: "CHAPTER 41 PUBLIC WORKS Article I. In General. Secs. 41-1-41-20. Reserved. Article II. Procurement of Public Works Contracts. Sec. 41-21. Definitions. Assistant City Manager means the Assistant City Manager for Public Works and Utilities. Bid means an offer to contract in response to a solicitation or invitation for bids, and includes a proposal or any other response to a solicitation, procurement or request for proposals. City means the City of Corpus Christi, and, depending on its context, may refer to the City Manager or the City Manager's designee. City Council means the City Council of the City of Corpus Christi. Civil judgment means a judgment or finding of a civil offense by any court of competent jurisdiction. Contractor means any person (individual or corporate) or other legal entity that: (1) directly or indirectly (e.g., through an affiliate) submits bids or offers for or is awarded, or reasonably may be expected to submit bids or offers for or be awarded, a City contract, including a subcontract under a City contract; or (2) conducts business, or reasonably may be expected to conduct business, with the City as an agent or representative of another contractor. @BCL@F4053E47 2 of 13 Pages Department means the Department of Engineering Services or other city department responsible for administering the City's public works programs, projects and contracts. Director means the Director of Engineering Services, the City Engineer or the director or head of a city department responsible for administering the City's public works programs, projects and contracts. Executive Director means the Executive Director for Public Works. Offer means an offer to contract and includes a bid, a proposal or any other response to a solicitation, procurement, bid invitation or request for proposals. Public works contract means any city contract for the construction of public works, facilities or other improvements to real property. The term includes contracts procured under Chapter 252 of the Texas Local Government Code and, where applicable, Chapter 2269 of the Texas Government Code. The term does not include contracts for professional services that are exempt from bidding under the Texas Professional Services Procurement Act, Chapter 2254 of the Texas Government Code. Responsible bidder means a bidder that is able to perform the quality and quantity of work required and that is trustworthy. Responsive bid means a bid the form and content of which meets the requirements of the bidding documents. Sec. 41-22. Reserved. Sec. 41-23. Rejection of bids. (a) City Council delegates to the Director authority on its behalf to reject any or all bids pursuant to section 252.043 of the Texas Local Government Code under the following circumstances: (1) All bids received exceed the estimated costs, and the Director determines that the bids appear to be excessive. (2) The Director determines that the project is no longer required. (3) The Director determines that the City's design or specifications for the project or bid should be revised and new bids should be taken. (4) The irrevocable period on the low bid has expired without the bid being awarded, and the bidder has failed or refused to extend the time. (5) The bids received are few in number, and the Director determines that a rebid may result in more competition. (6) The bids received indicate that the bid solicitation documents may have been unclear or misunderstood by the bidders and that a rebid is in the best interest of the City. (7) The Director finds evidence of possible collusion among the bidders. @BCL@F4053E47 3 of 13 Pages (8) The Director finds other extenuating circumstances and, for purposes of facilitating full and fair open competition, the Director determines that the project should be rebid. (b) The delegation created in this subsection is nonexclusive, and nothing herein may be construed to preclude the City Council from rejecting any or all bids received for any project or public works contract. Sec. 41-24. Responsiveness. (a) Upon receipt of bids, the Department reviews each bid to determine whether the bid is a responsive bid. (b) The Director has the right to waive irregularities. (c) Nonresponsive bids are not considered for award. Sec. 41-25. Responsibility. (a) Of the responsive bids, the Department performs a review of the responsibilities of the apparent lowest bidder to determine whether the lowest bidder is a responsible bidder. (b) In determining a bidder's responsibilities, factors considered include, without limitation, the bidder's experience, capacity, supervision, ability to maintain project budget and schedule, past performance and safety record. (c) If review of the lowest bidder's responsibilities indicates that the lowest bidder is not a responsible bidder, the Department performs a review of the responsibilities of the second lowest bidder. If a review of the second lowest bidder's responsibilities indicates that the second lowest bidder is not a responsible bidder, the Department performs a review of the responsibilities of the third lowest bidder. This process continues until all responsive bids are considered, unless a decision is made to reject all bids. (d) The Director proposes award to the lowest responsible bidder that submitted a responsive bid. (e) If the Director is considering proposing award to a bidder that is not the lowest bidder, before scheduling at an upcoming meeting of the City Council an agenda item proposing award, each lower bidder is given notice: (1) that the proposal for award of the contract to a bidder that is not the lowest bidder is being considered and the reasons why; (2) that there will be an opportunity, within ten business days' receipt of the notice, to submit to the Department written evidence of the bidder's responsibility; and @BCL@F4053E47 4 of 13 Pages (3) that after a review of any written evidence received within the ten business days' time, if the decision is to propose award to a bidder that is not the lowest bidder, each lower bidder is given notice: (i) of the proposed award; (ii) of the date, time and location of the open meeting in which the proposed award will first be presented to City Council; and (iii) of the opportunity to appear before City Council and present evidence of the bidder's responsibility. Nothing in this article may be construed as depriving the Director of the right to reject any bid made by a bidder at any time prior to the actual awarding of a contract, where there have been developments subsequent to the qualification and classification of any such bidder which, in the opinion of City Council, would affect the responsibility of such bidder. Secs. 41-26-41-39. Reserved. Article III. Reserved. Secs. 41-40-41-99. Reserved. Article IV. Contractor Debarment Sec. 41-100. Definitions. As used in this article: Affiliates means business concerns, organizations, or individuals are affiliates of each other if, directly or indirectly, (1) either one controls or has the power to control the other, or (2) a third party controls or has the power to control both. Indicia of control include, but are not limited to, interlocking management or ownership, identity of interests among family members, shared facilities and equipment, common use of employees, or a business entity organized following the debarment of a contractor which has the same or similar management, ownership, or principal employees as the contractor that was debarred. Bid means an offer to contract in response to a solicitation or invitation for bids and includes a proposal or any other response to a solicitation, procurement or request for proposals. City means the City of Corpus Christi and, depending on its context, may refer to the City Manager or the City Manager's designee. City Council means the City Council of the City of Corpus Christi. Civil judgment means a judgment or finding of a civil offense by any court of competent jurisdiction. @BCL@F4053E47 5 of 13 Pages Contractor means any person (individual or corporate) or other legal entity that: (1) directly or indirectly (e.g., through an affiliate), submits bids or offers for or is awarded, or reasonably may be expected to submit bids or offers for or be awarded, a City contract, including a subcontract under a City contract; or (2) conducts business, or reasonably may be expected to conduct business, with the City as an agent or representative of another contractor. Department means the Department of Engineering Services or other city department responsible for administering the City's public works programs, projects, and contracts. Director means the Director of Engineering Services, the City Engineer, or the director or head of a city department responsible for administering the City's public works programs, projects and contracts. Offer means an offer to contract, and includes a bid, a proposal, or any other response to a solicitation, procurement, bid invitation or request for proposals. Responsible bidder means a bidder that is able to perform the quality and quantity of work required and that is trustworthy. Sec. 41-101. Scope and effect of article. (a) This article neither creates nor grants a contractor the right to be debarred under the procedures of this article in order to be deemed a nonresponsible bidder ineligible for award of a contract. (b) This article does not limit the ability or affect the right of the City Manager or designee or Director to make decisions regarding a contractor's responsibilities and to determine whether a contractor is responsible or capable of performing work under a public works contract. Sec. 41-102. Reserved. Sec. 41-103. Applicability. (a) This article does not apply to a contract for professional services, as that term is defined by Section 2254.002, Government Code, as amended. (b) Any debarment initiated under this article is recognized by and effective for any city procurement. Sec. 41-104. Policy. (a) The City will solicit offers from, award contracts to and consent to subcontracts with responsible contractors only. (b) Debarment is a discretionary action that, taken in accordance with this article, is an appropriate means to effectuate this policy. @BCL@F4053E47 6 of 13 Pages (c) The serious nature of debarment requires that it be imposed only in the public interest for the City's protection and not for purposes of punishment. (d) The City imposes debarment to protect the City's interest and only in accordance with the procedures set forth in this article. (e) The City Manager or designee is authorized to establish appropriate methods and procedures to coordinate debarment actions and to implement this article in general, in accordance with city policy and state law, with no further action by City Council required or necessary. Sec. 41-105. Debarment. (a) The Director may, in the public interest, debar a contractor for any of the causes in Section 41-106. (b) The existence of a cause for debarment does not necessarily require debarment. The seriousness of the contractor's acts or omissions and any remedial measures or mitigating factors should be considered in making any debarment decision. (c) Debarment constitutes debarment of all divisions or other organizational elements of the contractor. The Director may extend the debarment decision to include any affiliates of the contractor if they are: (1) specifically named; and (2) given written notice of the proposed debarment and an opportunity to respond. (d) A contractor's debarment will be effective throughout the City and apply to any city contracts, including contracts procured or administered by other city departments. Sec. 41-106. Causes for debarment. (a) The Director may debar a contractor for a conviction, plea of guilty or nolo contendere to, civil judgment for, or public admission to: (1) fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public contract or subcontract; (2) a crime or offense related to business of the contractor, or affecting the responsibility of the contractor; or (3) any offense indicating a lack of business integrity or business honesty that seriously and directly affects present responsibility. (b) The Director may debar a contractor, based upon a preponderance of the evidence, for any of the following: @BCL@F4053E47 7 of 13 Pages (1) Any serious, significant or material breach of a contract, including and without limitation, wrongfully and without good cause: (i) failing to complete a contract or abandoning work; (ii) failing to promptly correct defective or substandard work discovered within the contract period or before the end of the warranty period; (iii) failing to perform work in accordance with the terms of the contract; (iv) a history of failing to perform in a good and workmanlike manner, or of unsatisfactory performance; (v) failing to comply with state, federal or local laws or regulations applicable to the work or to public works in general; (vi) failing to comply with state, federal or local laws or regulations or applicable city policies and procedures concerning payment of a contractor in the performance of a contract; (vii) failing to pay its employees as required by law or otherwise engaging in theft of services; or (viii) failing to complete the work on any public works contract within the time allowed. (2) Knowing failure to timely disclose to the City evidence of overpayment on a city contract in connection with the award, performance or closeout of the contract. (3) Any other cause so serious or compelling that it affects the present responsibility of the contractor. (c) The Director may debar a contractor for any of the following: (1) Filing a lawsuit or asserting any claim or allegation against the City within the 10 - year period preceding the referral for debarment, if the City Attorney reasonably determines that one or more causes of action, claims, or allegations, or one or more material elements or parts of any cause of action, claim or allegation was wholly unsubstantiated and unsupported by the evidence, or filed, asserted, or alleged in bad faith or for an improper purpose. (2) Submitting repetitive claims against the City within the 10 -year period preceding referral for debarment, if the City Attorney reasonably determines that one or more claims, or one or more material elements or parts thereof was wholly unsubstantiated and unsupported by the evidence, made in bad faith, completely without merit, had no @BCL@F4053E47 8 of 13 Pages basis in the facts known to both parties, or was submitted by the contractor without proper proofs and justifications, for an improper purpose, or in order to harass the City or delay a city project. Nothing in this paragraph may be construed to prohibit a contractor from submitting a claim in good faith and with accurate, detailed, and complete proof, justifications, and supporting data. (3) Serious or repetitive safety issues, which may be evidenced by violations of the Occupational Safety and Health Act (OSHA) and Standards, worker's compensation claims, personal injury lawsuits, or the safety record of any entity; (4) Indebtedness to the City. (5) Placement on a state or federal debarment list or other similar list or undergoing a process of review that had the effect of excluding the contractor from contracting with the governmental entity for any length of time, provided the procedures for placement on the debarment list or exclusion process afforded the contractor any form of due process. (6) Any other conduct that evidences the inability of the contractor to responsibly complete public works contracts on behalf of the City. Sec. 41-107. Procedures. (a) Investigation and referral. The Department will establish procedures for the prompt reporting, investigation and referral for debarment of matters appropriate for consideration of debarment. (b) Decision-making process. (1) The Department may establish procedures governing the debarment decision- making process that are as informal as is practicable, consistent with principles of fundamental fairness. (2) Procedures will afford the contractor (and any specifically named affiliates) an opportunity to submit, in writing, information and argument in opposition to the proposed debarment, to include submittal of any documentary evidence. (3) In actions not based upon a conviction or civil judgment, if the contractor's submission in opposition raises a genuine dispute over facts material to the proposed debarment, the City may request additional information of the contractor and will also afford the contractor an opportunity to meet with the City, with or without counsel, argue the merits of their case, present any witnesses, and question any witnesses the City presents. (c) Notice of proposal to debar. A notice of proposed debarment will be issued advising the contractor and any specifically named affiliates that debarment is being considered, the reasons or causes, stated in terms sufficient to put the contractor on notice of the conduct or transaction(s) upon which it is based; and that, within 20 days after receipt of the notice, the @BCL@F4053E47 9 of 13 Pages contractor may submit, in writing, in person or through a representative, information and argument in opposition to the proposed debarment, including any specific information that raises a genuine dispute over the material facts. (d) Independent review. Unless based upon a conviction or civil judgment, the Director will refer matters involving disputed material facts to an independent third party or consultant for findings of fact. The Director may reject any such findings, in whole or in part, only after specifically determining them to be arbitrary and capricious or clearly erroneous. (e) Standard of proof. Unless based upon a conviction or civil judgment, the cause for debarment will be established by a preponderance of the evidence. (f) Notice of debarment decision. If the decision is to impose debarment, the contractor and any affiliates involved will be given prompt notice. Sec. 41-108. Period of debarment. Debarment will be for a period commensurate with the seriousness of the reason(s) or cause(s) for debarment not to exceed 5 years. The Director may reduce the period or extent of debarment, upon the contractor's written request, supported by documentation, for reasons such as: (1) newly discovered material evidence; (2) reversal of the conviction or civil judgment upon which the debarment was based; (3) bona fide change in ownership or management; (4) elimination of other causes for which the debarment was imposed; or (5) other reasons the Director deems appropriate. Sec. 41-109. Scope of debarment. (a) The fraudulent, criminal, or other seriously improper conduct of any officer, director, shareholder, partner, employee, or other individual associated with a contractor may be imputed to the contractor when the conduct occurred in connection with the individual's performance of duties for or on behalf of the contractor, or with the contractor's knowledge, approval, or acquiescence. The contractor's acceptance of the benefits derived from the conduct will be evidence of such knowledge, approval, or acquiescence. (b) The fraudulent, criminal, or other seriously improper conduct of a contractor may be imputed to any officer, director, shareholder, partner, employee, or other individual associated with the contractor who participated in, knew of, or had reason to know of the contractor's conduct. (c) The fraudulent, criminal, or other seriously improper conduct of one contractor participating in a joint venture or similar arrangement may be imputed to other participating contractors if the conduct occurred for or on behalf of the joint venture or similar arrangement, or with the @BCL@F4053E47 10 of 13 Pages knowledge, approval, or acquiescence of these contractors. Acceptance of the benefits derived from the conduct will be evidence of such knowledge, approval, or acquiescence. Sec. 41-110. Effect of determination of debarment. (a) A determination that a contractor is debarred in accordance with this article constitutes a determination under Section 252.043 of the Texas Local Government Code that the contractor is not responsible and operates as the City's rejection of any bid submitted by the contractor during the debarment period. (b) Debarred contractors are excluded from a. receiving city contracts; b. conducting business with the City as agents or representatives of other contractors; c. acting as individual sureties; d. acting as subcontractors or suppliers; e. the City's consent to any activity in connection with any city contract or project including i. the performing of services or furnishing of materials for any contractor; ii. the participating in any bid as a subcontractor, supplier, or service provider; or iii. the providing of any bids, offers, quotations, or proposals to be included as part of any offer, quotation, proposal or bid. Sec. 41-111. Excluded Parties List. (a) The Department will operate an Excluded Parties List (EPL). (b) The EPL will include the: (1) names and addresses of all contractors debarred; and (2) termination date for each listing. (c) The City will not solicit offers from, award contracts to or consent to subcontracts with parties named on the list. Sec. 41-112. Continuation of current contracts. Notwithstanding the debarment, the City may continue contracts or subcontracts in existence at the time the contractor was debarred if the contractor is not in default of such contract; however, the City may not (1) issue delivery or task orders exceeding the guaranteed minimum, if any, under any indefinite quantity (IQ) contract, which includes any indefinite delivery/indefinite quantity (IDIQ) contract and any job order contract (JOC); or (2) add new work, exercise options, or otherwise extend the duration of current contracts or task or delivery orders. @BCL@F4053E47 11 of 13 Pages Sec. 41-113. Bids proposing subcontract with debarred contractors. The City debars contractors to protect the City's interests. The City will not consent to the use of any subcontractor or a bid that proposes or anticipates a subcontract with any contractor that is debarred. Sec. 41-114. Reserved. Sec. 41-115. Appeal. Provided a contractor has exhausted all processes and procedures in this article, a contractor may appeal the decision of the Director to the Executive Director of Public Works, then to the City Manager or designee. Sec. 41-116. Remedies cumulative. The provisions of this article are cumulative of any other rights or remedies available to the City in connection with the award of any public works contracts to bypass bidders who are not responsible, regardless of whether they have been so declared hereunder. This right extends, but is not limited to, declining to award public works contracts to bidders that are affiliates of or have the same or substantially the same officers, owners, or managers, as debarred contractors. Secs. 41-119-41-30. Reserved. Article V. Reserved." 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. This ordinance takes effect immediately upon passage. @BCL@F4053E47 12 of 13 Pages That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 2015. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary @BCL@F4053E47 Nelda Martinez Mayor 13 of 13 Pages City of Corpus Christi Debarment Process Standard Bid Award Process: The City will solicit offers from, award contracts to and consent to subcontracts with responsible contractors only. In the normal course of business on any procurement process, the City Manager or designee and the Director of Engineering Services are always authorized to determine the responsibility of a contractor that submits an apparent low bid. The criteria considered for a responsible bidder includes the contractor's capability, supervision, capacity, safety, ability to maintain project budget and project schedule, past and current performance, equipment and experience with the type of project. It is illegal for the City to award a contract to a non -responsible contractor. Debarment: Debarment is defined as being excluded from enjoying certain rights, privileges, or practices on authoritative orders. Debarment is a serious action imposed on the basis of a preponderance of the evidence when it has been determined that a contractor is not a responsible contractor and will likely not be a responsible contractor in the future. Debarment is a maximum of 5 years. The causes for Debarment are: • Fraud with Public Contract - Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public contract. • Business-related Crime - A conviction of, or plea of guilty or nolo contendere to, a civil judgment for, or a public admission to, a crime or offense related to business of the contractor or affecting the responsibility of the contractor. • Theft, Forgery or Tax Evasion - Commission of embezzlement, theft, forgery, bribery, collusion, falsification, perjury, destruction of records, making false statements, tax evasion, violating Federal Criminal Tax laws or receiving stolen property. • Lack of Business Integrity - Commission of any offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of a contractor. • Ethics Violation — Failure to disclose to City violation of federal, state or local law involving fraud, conflict of interest, bribery, ethics or gratuity violation or failure to disclose overpayment on City contract. • Contract Violation - Violation of the terms of a contract so serious as to justify debarment. • Safety Violations — Serious or repetitive safety violations, which may be evidenced by violations of the OSHA Standards, worker's compensation claims, personal injury lawsuits or the safety record of any entity. • Indebtedness to the City. • Debarred by Other Entity - Placement on a state or federal debarment list or other similar list or undergoing a process of review that had the effect of excluding a contractor from contracting with the governmental entity for any length of time, provided the procedures for placement on the debarment list or exclusion process afforded the contractor any form of due process. • Unsubstantiated Lawsuit — Filing a lawsuit against the City if the City Attorney reasonably determines it is unsupported by the evidence or filed in bad faith or for an improper purpose. • Repetitive, Unsubstantiated Claims — Filing repetitive claims if the City Attorney reasonably determines the claim is unsupported by the evidence or made in bad faith or with intent to harass or delay a city project. • Other Compelling Reason - Any other cause of such a serious or compelling nature that it affects the present responsibility of a contractor. (No further action (Process Stopped (ntractor Debarred (Process Stopped Issues - Causes for Debarment: • Fraud with Public Contracts • Business-related Crime • Theft, Forgery, Tax Evasion, etc.. • Lack of Business Integrity • Contract Violation • Safety Violations • Indebtedness to the City • On TxDOT or Federal debarment list • Other Compelling Reason No No No Issue identified &l reported Issue researched ufficient lnfo to Consider debar? Due process hearing & investigation Debar Contractor CITY OF CORPUS CHRISTI DEBARMENT PROCESS Issue Screening Any reported issue will be screened for: • Veracity • Seriousness • Corroboration Due Process Investigation • Includes Director's initial investigation. • If warranted, Notice of Proposed Debarment issued. • Debarment is considered uncontested if Contractor fails to provide timely written response to Notice of Proposed Debarment. • Debarment Hearing provides opportunity for Contractor to provide more info. • Debarment does not take place until a final determination is made. • Appeals will delay effective date of debarment. • Debarment Period up to a maximum of 5 years. Progressive Levels of Appeal • Executive Director of Public Works • City Manager or his designee City of Corpus Christi Public Works Contracts Debarment Procedure DEBARMENT 1. Causes for Debarment. a. Fraud with Public Contract - Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public contract or subcontract. b. Business-related Crime - A conviction of, or plea of guilty or nolo contendere to, a civil judgment for, or a public admission to, a crime or offense related to business of the contractor or affecting the responsibility of the contractor. c. Theft, Forgery or Tax Evasion - Commission of embezzlement, theft, forgery, bribery, collusion, falsification, perjury, destruction of records, making false statements, tax evasion, violating Federal Criminal Tax laws or receiving stolen property. d. Lack of Business Integrity - Commission of any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of a contractor or subcontractor. e. Contract Violation - Violation of the terms of a contract so serious as to justify debarment such as: i. Willful failure to perform in accordance with the contract terms. ii. A history of failure to perform in a good and workmanlike manner or of unsatisfactory performance. iii. Failure to complete a contract or abandonment of the work. iv. Failure to promptly correct defective or substandard work discovered within the contract period or before the end of the warranty period. v. Failure to comply with state, federal or local laws or regulations applicable to the work or to public works in general. vi. Failure to comply with state, federal or local laws or regulations or applicable city policies and procedures concerning payment of a contractor in the performance of a contract. vii. Failure to pay its employees as required by law or otherwise engaging in theft of services. viii. Failure to complete the work on any public works contract within the time allowed. f. Safety Violation - Repetitive or extraordinary safety issues, which may be evidenced by violations of the OSHA Standards, worker's compensation claims, personal injury lawsuits or the safety record of any entity. g. Indebtedness to the City. 1 h. Debarred by Other Entity - Placement on a state or federal debarment list or other similar list or undergoing a process of review that had the effect of excluding a contractor from contracting with the governmental entity for any length of time, provided the procedures for placement on the debarment list or exclusion process afforded the contractor any form of due process. i. Unsubstantiated Lawsuit — Filing a lawsuit against the City if the City Attorney reasonably determines it is unsupported by evidence or filed in bad faith or for an improper purpose. j. Repetitive, Unsubstantiated Claims — Filing repetitive claims if the City Attorney reasonably determines the claim is unsupported by the evidence or made in bad faith or with intent to harass or delay a city project. k. Other Compelling Reason - Any other cause of such a serious or compelling nature that it affects the responsibility of a contractor. 2. Director of Engineering Services. a. The Director receives a written complaint regarding a contractor. b. The Director will review the information provided and gather additional information from City resources to determine whether adequate information exists to debar the Contractor. c. If the Director determines that adequate information exists to debar the Contractor, the Director will send a Notice of Proposed Debarment to the Contractor and any specifically named affiliates. 3. Notice of Proposed Debarment. a. The Notice of Proposed Debarment will be sent to the contractor. b. The Notice will include: i. A statement that debarment is being considered; ii. The reasons or causes for the proposed debarment in terms sufficient to put the contractor on notice of the conduct or transaction(s) upon which the proposed debarment is based; iii. Information regarding the contractor's right to submit in writing, within 20 days, information and argument in opposition to the proposed debarment. The information and argument may be done by the contractor or through a representative and should include any additional specific information that raises a genuine dispute over the material facts. The contractor's response must be concise and presented logically and factually. c. The contractor must respond in writing within 20 days or waives the right to object to the proposed debarment. If the contractor does not timely respond to the Notice of Proposed Debarment, a decision to debar the contractor will be without the contractor's objection and uncontested. d. Within 10 business days after receipt of any information and argument submitted by the contractor, the Director will make the decision to continue with the debarment process based on the information in the Debarment File. 2 e. In actions based upon a conviction or civil judgment, the Director will send a Notice of Debarment. f. In actions not based upon a conviction or civil judgment: i. If the Director decides not to debar the contractor, the Director will send a written notice to the contractor within 5 days of making the decision. ii. If the Director decides to continue with the debarment process, the Director will send a written Notice of Hearing to the contractor within 5 day of making the decision. 4. Debarment Hearing. a. The Notice of Debarment Hearing will include: i. The time, date and place for the contractor to meet with the City regarding the contractor's opposition to debarment. ii. A statement that the contractor may be represented by counsel and may present evidence and testimony to support the factual grounds for the contractor's opposition. iii. A statement that the contractor can request a copy of the City's evidence that supports debarment. iv. A copy of the notice will be sent to the operating department and legal department. b. The Debarment Hearing will be held within 30 days of the Director's decision to continue with the debarment process. c. The following individuals from the City may attend the hearing: i. Representatives from the operating department; ii. Engineering Services staff; iii. Legal Department staff; iv. Other appropriate City staff or consultants as determined by the Director. d. Conduct of Hearing: i. The contractor will have an opportunity to present its case, call any witnesses and question any witnesses presented by the City. ii. The Director will hear the case presented by the contractor and any rebuttal evidence presented by the City. iii. The Director will have the ability to question the contractor and any witnesses. iv. The Director will have the ability to stop testimony that is not relevant to the debarment. v. The weight to be attached to witness testimony and documents presented will be at the discretion of the Director. e. At the conclusion of the hearing, the Director will cause written findings of fact to be prepared by an independent third party or consultant. 3 5. Debarment Decision. a. The Director will make a decision within 15 business days after the date of the Debarment Hearing. b. The Director will send written notice to the contractor within 5 days of making the decision. c. If debarment is imposed, the Notice of Debarment will: i. State the time period for debarment, including the effective dates; ii. Include any written findings of fact specifying the reason(s) for debarment; iii. Notify the contractor of the ability to appeal the Director's decision by filing a Notice of Appeal with the Executive Director of Public Works within 10 days of receiving the Notice of Debarment. iv. Notify the contractor that, if they choose to appeal the Director's decision, within 30 days of receiving the Notice of Debarment, the contractor must submit, in writing, a clear and concise Statement of Appeal, detailing their objections to the debarment decision, specifically pointing out any of the particular findings and actions alleged to be in error. Such statement will include a brief and concise summary of all testimony of witnesses and exhibits presented at the debarment hearing. 6. Appeal to Executive Director of Public Works. a. The contractor may appeal the debarment decision to the Executive Director of Public Works (EDPW) by sending a written Notice of Appeal to the EDPW within 10 days of receiving the Notice of Debarment. b. The contractor must submit their Statement of Appeal within 30 days of receiving the Notice of Debarment. The Statement of Appeal must be clear and concise and detail the objections to the debarment decision, specifically pointing out the particular findings and actions alleged to be in error. c. The complete Debarment File will include: i. the City's Cause for Debarment Form; ii. all information gathered by the Director regarding the causes for debarment; iii. all information submitted by the Contractor; iv. the City's Notice of Hearing; v. all evidence presented at the debarment hearing; vi. the City's written Findings of Fact; vii. the City's Notice of Debarment; viii. the Contractor's written Notice of Appeal; and ix. the Contractor's Statement of Appeal. d. Within 30 days of receiving the complete Debarment File, the EDPW will decide whether to uphold the debarment or request additional information. e. If the EDPW determines from the Debarment File that facts have been presented that might justify reversal of the debarment decision, the EDPW will schedule a date for the City and the Contractor to submit additional written information. The decision of the Director will be 4 entitled to great deference and will be affirmed unless it is found to be clearly unreasonable or capricious. f. The EDPW will render a decision within fifteen (15) days of receiving additional written arguments. g. The contractor will be notified in writing of the EDPW's decision. If the decision to debar is upheld, the notification will include the ability of the contractor to appeal to the City Manager or designee by sending a written Notice of Appeal to the City within 10 days of receiving the EDPW's Decision. 7. Appeal to City Manager or designee. a. Within 30 days of receiving the Notice of Appeal, the City Manager or designee will review the Debarment File. b. The complete Debarment File will include: i. written complaint; ii. all information gathered by the Director regarding the causes for debarment; iii. all information submitted by the Contractor; iv. the City's Notice of Hearing; v. all evidence presented at the debarment hearing; vi. the written Findings of Fact; vii. the City's Notice of Debarment; viii. the Contractor's written Notice of Appeal; ix. the Contractor's Statement of Appeal; and x. any additional information. c. The contractor will be notified in writing of the City Manager or designee's decision. 5 DEBARMENT FAQs What is the purpose of being able to debar a contractor? The City would use the sanction of debarment as a tool to ensure that it conducts its procurement activities with "responsible" contractors. The debarment process is to protect the City from fraud, waste and abuse by using a tool to avoid doing business with non -responsible contractors. What are the causes for Debarment? • Fraud with Public Contract - Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public contract. • Business-related Crime - A conviction of, or plea of guilty or nolo contendere to, a civil judgment for, or a public admission to, a crime or offense related to business of the contractor or affecting the responsibility of the contractor. • Theft, Forgery or Tax Evasion - Commission of embezzlement, theft, forgery, bribery, collusion, falsification, perjury, destruction of records, making false statements, tax evasion, violating Federal Criminal Tax laws or receiving stolen property. • Lack of Business Integrity - Commission of any offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of a contractor. • Ethics Violation — Failure to disclose to City violation of federal, state or local law involving fraud, conflict of interest, bribery, ethics or gratuity violation or failure to disclose overpayment on City contract. • Contract Violation - Violation of the terms of a contract so serious as to justify debarment. • Safety Violations — Serious or repetitive safety violations, which may be evidenced by violations of the OSHA Standards, worker's compensation claims, personal injury lawsuits or the safety record of any entity. • Indebtedness to the City. • Debarred by Other Entity - Placement on a state or federal debarment list or other similar list or undergoing a process of review that had the effect of excluding a contractor from contracting with the governmental entity for any length of time, provided the procedures for placement on the debarment list or exclusion process afforded the contractor any form of due process. • Unsubstantiated Lawsuit — Filing a lawsuit against the City if the City Attorney reasonably determines it is unsupported by the evidence or filed in bad faith or for an improper purpose. • Repetitive, Unsubstantiated Claims — Filing repetitive claims if the City Attorney reasonably determines the claim is unsupported by the evidence or made in bad faith or with intent to harass or delay a city project. Debarment Ordinance FAQs - redlines 1 of 6 Pages • Other Compelling Reason - Any other cause of such a serious or compelling nature that it affects the present responsibility of a contractor. Would the City debar a contractor as a penalty for bad conduct? No. The serious nature of debarment requires that it be imposed only in the public interest for the City's protection and not for punishment. But isn't the City going to be looking at a contractor's past conduct and past performance to decide whether to debar the contractor? Yes, but the consideration in imposing this sanction is the contractor's "present and likely future responsibility" and not the mere fact that the contractor has engaged in proscribed activity. Is it going to be easy for the City to debar a contractor? No. Because debarment is so severe a sanction, the City bears a heavy burden in establishing a cause for debarment. What is the City's burden to debar a contractor? The City may debar a contractor premised on a "preponderance of the evidence." Preponderance of the evidence means the greater or superior weight of the evidence. This preponderance is based on the more convincing evidence and its probable truth or accuracy, and not on the amount of evidence. If a contractor has committed an action that is cause for debarment, does that mean the contractor will be debarred? No. The existence of a cause for debarment does not necessarily require that the contractor be debarred; the seriousness of the contractor's acts or omissions and any mitigating factors must be considered in making any debarment decision. The ordinance clearly indicates that debarment is discretionary and is not to be an automatic consequence of a recognized cause for debarment. What can a contractor do if they receive a notice of proposed debarment and want to present their side of the story? A contractor who receives a notice of proposed debarment may submit argument in opposition, including any additional information that may raise a genuine dispute over the material facts. In actions where the proposed debarment is not based upon a conviction or judgment and the contractor's submission is found to raise a dispute over facts material to the debarment, the ordinance requires the City to afford the contractor an additional opportunity to submit Debarment Ordinance FAQs - redlines 2 of 6 Pages documentary evidence, appear with counsel, present witnesses, and confront any person the City presents as part of a case for debarment. Does the City have to provide notice of its reasons for the debarment? Yes. There are several notice requirements in the ordinance, including required notice to the contractor when the contractor is proposed for debarment, as well as when the Director has made a final determination. Does the City prepare a written summary or findings of fact? Yes. Unless based upon a conviction or civil judgment, the City prepares, or has prepared, written findings of fact in conjunction with its debarment decision. When is debarment inappropriate? Debarment is inappropriate when the contractor can establish by a preponderance of the evidence that, notwithstanding any past non -responsible conduct, he no longer constitutes a business risk. When would a Director decide not to debar a contractor that has done something that can get him debarred? The Director may refuse to debar a contractor that has committed an act that is cause for debarment where the administrative record and any evidence presented by the contractor shows, by a preponderance of the evidence, that his subsequent behavior is presently responsible. If the Department were to investigate a contractor's responsibilities under the debarment process and even if the Director were to recognize that a contractor's role in a particular act, for example, the criminal act of committing fraud, was unjustifiable and evinced a serious lack of responsibility at the time of the transgression, the Director may find cause to nevertheless decide that, when viewed in light of the contractor's conduct since his criminal activity, the proposed debarment would constitute a penalty and would not be necessary to protect the public interest. Let's say I've been debarred. What happens? • Offers will not be solicited from, contracts will not be awarded to, existing contracts will not be renewed or otherwise extended for, and subcontracts requiring City approval will not be approved for you by any City department. Debarment Ordinance FAQs - redlines 3 of 6 Pages • You may neither conduct business with the City as an agent or representative of other contractors or subcontractors nor may you act as an individual surety to other City contractors. • No City department may enter into, renew or extend a contract with you. • Your name will be placed on the Excluded Parties List (EPL). • Your affiliation with or relationship to any organization doing business with the City will be carefully examined to determine the impact of those ties on the responsibility of that organization as a City contractor or subcontractor. How do I refer a contractor for Debarment? The Department will establish procedures and processes, including procedures and processes for referrals. The procedures, processes, and the contact person to whom referrals may be sent will be posted on the Department's webpage within a reasonable amount of time after passage of the ordinance. Who decides if a contractor will be proposed for debarment? The Director of the Department of Engineering Services or designee will decide whether a contractor will go through the Debarment process. Who refers contractors for Debarment? Most referrals are expected to come from the Department's own staff. What will the City do to make sure the process for debarment and referrals is not susceptible to abuse? The Department will set up an internal group or committee to review and coordinate requests for referrals. All requests for referring a contractor for debarment will be carefully screened to weed out those requests for referral that appear to be groundless, punitive, discriminatory, or based on apparent prejudice. Only serious and legitimate cases will be proposed for debarment. Can't a contractor refer another contractor to keep a competitor from bidding a project? Debarment Ordinance FAQs - redlines 4 of 6 Pages No. A contractor is not going to be able to use the debarment process to try to refer a competitor for debarment in order to keep that contractor from bidding a city project. Can a contractor be debarred or referred for debarment for failing to perform on a contract or for poor performance on a contract? A contractor is not going to be proposed for debarment or debarred in order to punish the contractor for a single failure to perform on a city contract. If a contractor fails to perform or performs poorly on a given contract, the City must make use of the contractual remedies already available under the contract language. A contractor's serious contract violations and continued failure to perform can be evidence, however, that could go toward supporting a case for debarment or a contractor's present responsibilities. The process cannot be used to punish contractors for their past conduct. It can only be used for purposes of protecting the public interest by contracting only with responsible contractors. Can a Director's decision to debar a contractor be appealed? Yes. A contractor can appeal a decision to the Executive Director of Public Works, then to the Assistant City Manager for Public Works and Utilities, and then to the City Manager or designee. Does the Department of Engineering Services and the Director of Engineering Services basically decide a contractor's fate when it comes to debarment? As a contractor, why should I feel I will be given a fair shake? No. There are several safeguards in the ordinance that ensure that a contractor will receive a fair shake, due process, an independent review, and the opportunity to appeal. Where does the ordinance provide for an independent review? The ordinance provides for an independent review under Section 41-107(d), which states that, unless based upon a conviction or civil judgment, the Director will refer matters involving disputed material facts to an independent third party or consultant for findings of fact. What if the Director feels like disregarding the findings of fact? The Director may reject the independent findings only after they have been determined to be arbitrary and capricious or clearly erroneous. What comments from contractors have been worked into the ordinance? All of the comments received by the City and the City's response are posted on the Engineering website at http://engineercc.com Debarment Ordinance FAQs - redlines 5 of 6 Pages Why does this ordinance look so different from the first draft version? Many changes were made to the ordinance to simplify it and to work in the various comments staff received from contractors and from City Council. What is the biggest change? The ordinance no longer provides authority or procedures to suspend a contractor. Why did you take out suspension? The City will be able to handle the types of cases that suspension was intended to handle through other processes and procedures. What is the section titled "Responsibility" in Article II all about? The City has to award to the lowest responsible bidder on most public works contracts. The section regarding responsibility simply codifies the normal course of business process that the City must go through for its procurements and awards for public works contracts. Engineers are associated with providing services in connection with public works projects. Will engineers and other professional service providers be debarred under this ordinance? No. This ordinance does not apply to professional services contracts. Why would engineers be exempt from debarment? Professional services contracts are exempt from competitive bidding process. Professional service providers do not "bid" on city projects in response to a bid invitation as construction contractors do. Professional service contracts must be awarded to the most highly qualified service provider in accordance with Chapter 2254 of the Texas Government Code and cannot be awarded to the lowest responsible bidder. Debarment Ordinance FAQs - redlines 6 of 6 Pages AGENDA MEMORANDUM First Reading Ordinance Item for the City Council Meeting of June 9, 2015 Second Reading Ordinance for the City Council Meeting of June 16, 2015 DATE: 5/15/2015 TO: Ronald L. Olson, City Manager FROM: Daniel M. Grimsbo, P.E., Director, Development Services DanG@cctexas.com (361) 826-3595 Approval of agreement and appropriating ordinance to reimburse Grangefield Development, LLC. for construction of off-site wastewater collection line for Grange Park Unit 1 CAPTION: Ordinance authorizing execution of a wastewater collection line extension construction and reimbursement agreement ("Agreement") with Grangefield Development, LLC ("Developer"), for the construction of a wastewater collection line and appropriating $153,270.00 from the NO. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer in accordance with the Agreement. PURPOSE: Grangefield Development, LLC, will install 633 linear feet of 15 -inch PVC collection line to provide adequate wastewater for Grange Park Unit 1 Subdivision. The site is located south along Slough Road, east of Rodd Field Road and south of Amethyst Drive. BACKGROUND AND FINDINGS: Per Section 8.5.2.E Credits and Reimbursements of the Unified Development Code ("UDC"), Grangefield Development, LLC, is requesting a Reimbursement Agreement for the off-site wastewater line extension required in order to plat Grange Park Unit 1 Subdivision, as shown on the preliminary plat. The public improvement plans have been approved for the development. The site is located south along Slough Road, east of Rodd Field Road and south of Amethyst Drive. The subdivision will consist of 52 single family residential lots. The development requires the extension of 633 linear feet of 15 - inch wastewater collection line in order to provide adequate wastewater to the property. The 15 -inch wastewater extension qualifies as a collection line. A layout of existing and proposed improvements is included as Exhibit 3. The Wastewater Master Plan calls for the construction of a 15 -inch sanitary sewer collection line south of Slough Road. If the actual costs for installation of such sanitary sewer collection lines are greater than the lot or acreage fee, the developer shall be reimbursed (less any lot or acreage fee credits) from funds available from the Sanitary Sewer Collection Line Trust Fund for that portion of the sanitary sewer collection line installed by the developer up to the maximum reimbursement criteria. In this case, the total cost of construction for the 15 -inch offsite sanitary sewer collection line is $315,052.41 minus $20,436 lot and acreage fees. This project meets the UDC's maximum reimbursement criteria for the offsite sanitary sewer collection line in the amount of $153,270.00 (15 -inch line x $20,436 x 50%). ALTERNATIVES: Denial of the Reimbursement Agreement OTHER CONSIDERATIONS: Per Section 8.5.1.C.2.b.ii defer reimbursement for project CONFORMITY TO CITY POLICY: The developer will be extending wastewater to serve the proposed development and has requested a Reimbursement Agreement, as provided in the Unified Development Code. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Sanitary Sewer Collection Line Trust Fund Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,507,634.47 Encumbered / Expended Amount $525,832.30 This item $153,270.00 BALANCE $828,532.17 Fund: Sanitary Sewer Collection Line Trust Fund, Developer Reimbursements Comments: Balance reflects amount wastewater agreement for Sandy Creek Subdivision. RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Location Map Ordinance ORDINANCE AUTHORIZING EXECUTION OF A WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT ("AGREEMENT") WITH GRANGEFIELD DEVELOPMENT, LLC ("DEVELOPER"), FOR THE CONSTRUCTION OF A WASTEWATER COLLECTION LINE AND APPROPRIATING $153,270.00 FROM THE NO. 4220 SANITARY SEWER COLLECTION LINE TRUST FUND TO REIMBURSE THE DEVELOPER IN ACCORDANCE WITH THE AGREEMENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute the attached wastewater collection line extension construction and reimbursement agreement ("Agreement") with Grangefield Development, LLC, including all related appurtenances, for the development of Grange Park Unit 1 Subdivision, in Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $153,270.00 is appropriated from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer for the construction of the wastewater collection line improvements in accordance with the Agreement. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § § COUNTY OF NUECES § This Wastewater Collection Line Extension Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home -rule municipality, and Grangefield Development, LLC ("Developer/Owner"), a Texas Corporation. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on October 8, 2014 to develop a tract of land, to wit: approximately 9.230 acres of land, more or Tess, a portion of Lot 6, Section 25, Flour Bluff & Encinal Farm & Garden Tracts, known as Grange Park Unit 1, located along the south side along Slough Road; east of Rodd Field Road and south of Amethyst Drive, as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement. WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the wastewater collection line extension ("Wastewater Extension"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Wastewater Extension; WHEREAS, it is to the best interest of the City that the Wastewater Extension be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.2.E.2 of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when funds become fully available in the Wastewater Collection Line Trust Fund and are appropriated by the City Council; and WHEREAS, the Developer/Owner has submitted an application for reimbursement of the costs from the Wastewater Collection Line Trust Fund for installing the Wastewater Extension, as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION. Developer/Owner shall construct the Wastewater Extension in compliance with the City's UDC and under the plans and specifications approved by the City's Development Services Engineer. 2. PLANS AND SPECIFICATIONS. a. Developer/Owner shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the Wastewater Extension, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following basic design: 1. Install one (1) lump sum 15 -inch pipe connection at Lift Station; 2. Install 633 linear feet 15 -inch PVC pipe; 3. Install 633 linear feet dewatering for 15 -inch pipe; 4. Install 633 linear feet crushed stone embedment; 5. Install 900 square yards pavement patching; 6. Install three (3) 5 -foot diameter manholes; 7. Install one (1) lump sum 8 -inch PVC drop connection; 8. Traffic control during construction and 9. Install 633 linear feet trench safety b. The Wastewater Extension must begin at the new proposed wastewater manhole at the northeast corner of Grange Park Unit 1 and extend approximately 633 linear feet and connect to existing Lift Station. c. The plans and specifications must comply with the City's Wastewater Standards Detail Sheets and Standard Specifications. d. Before the Developer/Owner starts construction, the plans and specifications must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS. Prior to the start of construction of the Wastewater Extension, Developer/Owner shall acquire and dedicate to the City the required additional public utility easements ("Easements"), if any, necessary for the completion of the Wastewater Extension. If any of the property needed for the Easements is owned by a third party and the Developer/Owner is unable to acquire the Easements through reasonable efforts, then the City will use its powers of eminent domain to acquire the Easements. 4. PLATTING FEES. Developer/Owner shall pay to the City the required acreage fees and pro - rata fees as required by the UDC for the area of the Wastewater Extension. 5. DEVELOPER/OWNER TO AWARD CONTRACT FOR IMPROVEMENTS. Developer/Owner shall award a contract and complete the Wastewater Extension, under the approved plans and specifications, by June 23, 2016. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties and obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. WW Reimb Agmt Grangefield Development -Grange Unit 1 vFinal doc.doc Page 2 of 8 Standard Form Wastewaster Collection Line Reimbursement Agreement Template Version 1.0 4.1.15 8. DEFAULT. The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services and to the Development Services Engineer by the 60th calendar day after the date of approval of this Agreement by the City Council. c. Developer/Owner fails to award a contract for the construction of the Wastewater Extension, according to the approved plans and specifications, by the 90th calendar day after the date of approval of this Agreement by the City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the Wastewater Extension under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Wastewater Extension, under the approved plans and specifications, on or before June 23, 2016. f. Either the City or the Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. 9. NOTICE AND CURE. a. In the event of a default by either party under this Agreement, the non -defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non -defaulting party may pursue its remedies in this section. d. Should the Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Developer/Owner, at the address stated in section 11, of the need to perform the obligation or duty and, should the Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Developer/Owner by reducing the reimbursement amount due to the Developer/Owner. e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; WW Reimb Agmt Grangefield Development -Grange Unit 1 vFinal doc.doc Page 3 of 8 Standard Form Wastewaster Collection Line Reimbursement Agreement Template Version 1.0 4.1.15 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this Agreement and charge the cost of such performance to the Developer/Owner. The Developer/Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer/Owner receives notice of the cost of performance. In the event the Developer/Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer/Owner has all its remedies at law or in equity for such default. 10. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 11. NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: 1. If to the Developer/Owner: Grangefield Development, LLC attn: Jacqueline Azali and Alyeh Hatami Fardy 4322 Lake Superior Corpus Christi, Texas 78413 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 WN Reimb Agmt Grangefield Development -Grange Unit 1 vFinal doc.doc Standard Form Wastewaster Collection Line Reimbursement Agreement Template Version 1.0 4.1.15 Page 4 or 8 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change the address for notices by giving notice of the change under the provisions of this section. 12. THIRD PARTY BENEFICIARY. Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Wastewater Extension, contracts for testing services, and contracts with the contractor for the construction of the Wastewater Extension must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS. Developer/Owner shall, before beginning the work that is the subject of this Agreement, execute a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bonds must comply with Texas Government Code, Chapter 2253. 14. WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of the Wastewater Extension and the construction of the Wastewater Extension for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services and Development Services Engineer. 15. REIMBURSEMENT. a. Subject to the conditions for reimbursement from the Wastewater Collection Line Trust Fund and the appropriation of funds, the City will reimburse the developer, the reasonable actual cost of the Wastewater Extension up to an amount not to exceed $153,270.00 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. The City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30 days from the date of the invoice. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement Exhibit 5. c. To be eligible for reimbursement, the work must be completed in a good and workmanlike manner and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. WW Reimb Agml Grangefield Development -Grange Unit 1 vFinal doc.doc Page 5 of 8 Standard Form Wastewaster Collection Line Reimbursement Agreement Template Version 1.0 4 1.15 d. In the event that this Agreement is terminated by the City as a result of an uncured default by the Developer/Owner and at a time when there has been a partial completion and/or partial payment for the improvements, then the City shall only reimburse the Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that the uncured default occurred. 16. INDEMNIFICATION. DEVELOPER/OWNER SHALL FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, OFFICIALS, EMPLOYEES, AND AGENTS ("INDEMNITEES") FROM AND AGAINST ALL SUITS, CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, EXPENSES, LIABILITY, DAMAGES AND JUDGMENTS RECOVERED FROM OR ASSERTED AGAINST CITY FOR ANY AND ALL PROPERTY DAMAGE OR INJURIES SUSTAINED BY ANY PERSON, INCLUDING WITHOUT LIMITATION, WORKERS' COMPENSATION, PERSONAL INJURY OR DEATH, ARISING FROM OR INCIDENT TO, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION OF THE WASTEWATER EXTENSION. 17. COVENANT RUNNING WITH THE LAND. This Agreement is a covenant running with the land, to wit: approximately 9.230 acres of land, more or less, a portion of Lot 6, Section 25, Flour Bluff & Encinal Farm & Garden Tracts, a subdivision in Corpus Christi, Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer/Owner's successors or assigns. 18. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. 19. DISCLOSURE OF INTEREST. Developer/Owner agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Interest form attached to this Agreement as Exhibit 6. 20. EFFECTIVE DATE. This Agreement becomes effective and is binding upon and inures to the benefit of the City and the Developer/Owner and their respective heirs, successors, and assigns from and after the date of final execution by all parties. 21. AUTHORITY. The person signing this Agreement on behalf of each of the parties represents, warrants, and guarantees that they have authority to act on behalf of the party and make this Agreement binding and enforceable by their signature. EXECUTED IN ONE ORIGINAL this day of , 20_ WW Reimb Agmt Grangefield Development -Grange Unit 1 vFinal doc.doc Page 6 of 8 Standard Form Wastewaster Collection Line Reimbursement Agreement Template Version 1.0 4,1.15 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Daniel M. Grimsbo Director, Development Services APPROVED AS TO FORM: • Ute, Julian Grail'Senior Assistant City Attorney For the City Attorney STATE OF TEXAS COUNTY OF § , 2015. OWNER: Grangefield� el ;. � ent, +f` i "e By: Jac This instrument was acknowledged before me on Y/'/I44' J.3 Jacqueline Azali, Manager, Grangefield Development, LLC., a TT xas Corporation, n bah . f of • _-ry Publ/ s Signature. W , 2015, by said corporation. 1-MEVw� TANYA ROJAS My Commission Expires October 15, 2017 WW Reimb Agmt Grangefield Development -Grange Unit 1 vFinal doc.doc Page 7 of 8 Standard Form Wastewaster Collection Line Reimbursement Agreement Template Version 1.0 4.1 15 STATE OF TEXAS COUNTY OF OWNER: Grangefield Development, LLC. By:. ___7-Eil- Alyeh Hatami Fardy, Manager This instrument was acknowledged before me on f iI3 2015,by Alyeh Hatami Fardy, Manager, Grangefield Development, LLC., Texas Corporati?n, . behalf of said corporation. ry Public; igna '`re TANYA ROJAS My Commission Expires October 15, 2017 WW Reimb Agmt Grangefield Development -Grange Unit 1 vFinal doc.doc Page 8 of 8 Standard Form Wastewaster Collection Line Reimbursement Agreement Template Version 1.0 4.1.15 STATE of TEXAS OWN, OF NUECES § . GRANGEFIEtD DEVET.OP NI YO HEREBY ,TRAY THAT wE ARE T7 roL DF HE urvO EN HFAETOFORE DE i PREVIouSLT DE GTE 5 BEES MESHERE�NOEDIGTEO IN fFE SIMPLE AND FAS pug% roggrar,, 1.4s plIcA,uou FOREVER, AND THAT THIS PLAT WAS MADE FOR THE THIS THE DAY OF 20 . STATE OF TEXu 4 COUNTY OF NUECES § PAIS INSTRUM.T WAS ACKNOWLEDGED BEFORE ME BY JACOLIEUNE AZALLI AS MEMBER OF GRANCEEIED DEVELOPMENT. LLC. THIS THE DAY OF 20_ STATE OF TEXAS § COUNTY of NUECES 8 PLIS THE _ DAY OF 20 NOTES: NOTARY PUBLIC IN AND FOR THE STATE OF TEUS D FOR 1. THE TOTAL PLATTED AREA IS 9.2.10 ACRES INCLUDING STREET DEDICATIONS. 2. THE SUBJECT SBE IS IN ZONE 050 (EL 10) ANO ZONE "B' ACCORDING TO EMA MAP, COMMUNITY PANEL 4&5494 0540 C, REVISED MARCH 18, t9B5. S. THE THE %CEO HASS CLASESIFIEEN HE AQUATICOR THE STORM WU ERUSENOFF FOR THE 0SDI BAYAS'000001100)00.'ST. MID WATERS. TOED ALSO CATEGORIZED THE RECEIVING WATER AS CONTACT RECREATION THE FINISHED FLOOR ELEVATIONS SI-A.U_ BE A MINIMUM OF 18 INCH. ABOVE THE CENTERLINE OF THE HIGHEST ADJACENT ROADWAY_ 5. THE BASIS OF BEARINGS IS HE SOUTHEAST BOUNDARY USE UNE OF THE SUBJECT SITE, S28,9.62, AS SHOWN, PARALLEL TO THE EST BOUNDARY LINE OF AN 11..3 ACRE cEOT `IFI' DRAINAGE Row TRACT ALaNG HE SOuitr g-ruNIOARY 5. SET 5/8' IR.'S AT ALL CORNERS UNLESS OTHERWISE NOTED. T AND IS SUBJECT TO CHANCE AS THE ZaNINGEMpIREMENT OF THE UNIFIED DEVELOPMENT CODE STATE OF TEXAS § COUNTY OF NUECES § NGD PLATT WAS PREPIS TRUE AND CORRECT AND ARED SURVEYOR OF BASS S FROM LAH DE ON THE AT WE HAVE PEEN GAGEDGROUND UNEER TO SET RALL LOT MCOR ERSOUPON COMPLETION OF SUBONISION CONSTRUCRON IMPROVEMENTS WITHOUT DELAY. THIS THE DAY OF 20 FRED' S FOLLY STARRY RD. 400' 800' 1600' SCALE 11= 800' LOCATION MAP 1' = 800' rOO MC�n T 81fR1 PLANNING COMMISSION PLAT OF GRANGE PARK UNIT 1 A 9. 230 ACRE TRACT OF LAND, MORE ER LESS, A PO TIEN EF DR OCT 072014 LET 6, SECT 25, FLEUR BLUFF AND ENC INAL EARN AND GARDEN NACORPUS CHRISTI, NUECES COUNTY, TEXAS o: 4/0/114T BASS 8, WELSH ENGINEERING - FIRM N0F-52, 3054 S. ALAMEDA ST. CORPUS CHRISTI, TEXAS 78404 NWT* 1 of rE STATE OF TEXAS COUNTY OF NUECES § HEREBY CERTIFY THAT WE ARE THE HOLDERS OF A LIEN ON THE LAND EM WITHIN ETHE BOUNDARIES OF THE FOREGOING MAP AND THAT WE APPROVE THE SUBDNISION AND DEDICATION FOR HE PURPOSES AND CONSIDERATIONS THEREIN TITLE STATE OF TEXAS COUNTY OF NUECES § HIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY (NAME). _ (TITLE), OF -MIS THE DAY OF 20 NOTARY PUDg% IN AND FOR THE STATE OF TEXAS § COUNTY DF NUECES § THE FINAL PLAT OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED BY THE DEPARTMEM OF DEVELOPMENT SERVICES OF HE CITY OF CORPUS CHRISTI. TEXAS W MSON, OEVELAPMENL SERVICES ENGINEER DATE STATE OF TEXAS § COUNTY OF NUECES § THE FIN. T OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED ON BEHALF OF THE Citt OF CORPUS BY THE PUNNING COMMISSION. THIS THEDAY OF CHNRMAN SECRETARY PHILIP J. RAMIREZ, ALA., LEED Oe STATE OF TEXAS COUNTY OF NUECES § I. DIANA T. BARRERA, CLERK of THE COUNTY COURT IN AND FOR SAID COUNTY, DO HEREBY CERTIFY THAT 20 FOREGOING ITS CERTIFICATE OF TED AUTHENTICATION. WAS FILED FOR RECORD IN MY OFFICE HE DAY OF 20 AT O'CLOCK AND DULY RECORDED THE DAY OF 20 AT O'CLOCK M. IN HE MAP RECORDS OF SAID COUNTY IN VOLUME PAGE INSTRUMENT NUMBER WRNESS MY HAND AND SEAL OF P -IE COUNTY COURT IN AND FOR SAID COUN, AT =ICE IN CORPUS CHRISTI, NLIEC. COUN,, TEXAS. THE DAY AND YEAR LAST DEPU DIANA T. BARRERA, CLERK Exhibit 1 Page 1 of 2 N R6, I I I L R4 H. 17 SII 1N 16 J L 15 0E 66. IS PR 35 BLH 1 l 14 I. 13 12 N29° IS 00' 03' 10 E 679. 9 90' 8 7 R I 66, F. lz SaK 1. 6 I in J eA:.%, vmaaa\» 10' STREET DEDICATION •m/ CL SLOUGH ROAD O 166, Ln so, 60 S ss F ss o 25' YR - 12 566 sor -"---_°-_-"--- 61 55 6 SF 10 55 SF 66 -xe- 9 55 SF 66 55 5F s --'------6- 7 5566 SF 6 5566 SF 5' s 556 SG ` +81E-137-8-,13' 5 4 5566 SF 25' YR 50,00"n o 53 B9 SF _� 15 24'35 50,05' 3 ',II /z w 51i0iN 12 63. 20'� -5046 gG Q n .R 4.8 3J �(_--___ 128.90 N29° R `N 50. 60' T---„--529°DO'03'W _ 5- = 50. 60, 95' 20, 4] 521,24'---05564 ry N29°00'03 E 521.24' _-___-1., ' 313'23 _ - 0. 35" WCID➢H➢60 2 E LN N O 313'23 S29.00'03'W 518.65'_ 12' i5 53.38 06'5 7. U23. 3� N29° 00' 03" E S29° 00' 03" W' 10.58' 2.59' N60°59'57"5,220,00' 50. 90' I 9 Ia I 50. 90' 1 '1„- - I - � II��\ o SF Ie, ,10' OE N60.59' 57'N' -9 5' UE '~ x n - 5' UE 50� 90' `9, 65' 1s. G3' i / 9 F 95 50 x 559 SF 99 , 55 SF 5' 8 x 599 SG 11E579.00' - J 5599 SF 25' YR 69 F 5599 S - 03' E 4 99 50, 90' 3 s7la SF S0. 90' z 0s T 6 s 511N I 3] 55 ' 5 '.. IP 03 L P --c 5 of 55 SF SI 99 SF 36 - -- 5599 5F 5 --- _�- x 38 5599 55 UE 39 5599 SF _ O 405 5599 F \� 9 SF 42 99 SF ,,` 25=R 99 5 SF '_ UE \ �'i 44 50, 90' L 51. 81' 995 51. H 46 7I .11 S 6. to F� 15' oI 'II Jt' 40� 02' / 1,1 W C1 v IfJ 576,0106,6 651. 53, '0 S29° 00_03214.5 707. 25' '-- PENNINE WAY I--- ��� 529. 00'03'V \662.\9 -\ N /-51. 3 21 N-51, ST 1 S ON a F o J]' - " 12 15]01 SF ,71 PI 1d :II oz _ 11 01 SF �tyy_ 10 ]O6 S ^ L 9 700 S ^ 5F „ 8 555 S ^ " 7 5500 SF n s -\\ N. 99 \.655'95 6 SF \ n UE •, 25' SF O. u " Y57 R 6 99 s,5 �_``n�� 10'UEn 51. n' 99 SF 3787 X51. 77 52. 57' S 52, SJ 40. 1N--1\ s 14 5 t9 2x o 55,00' c ,t1,. 3"F`OF 26, 528.59'42'W 677.04' o 20' DE 50 0 313 N-tt--- 20' DE A 5,,170' P - 0286 59' 42" W 686, 97' CITY DRAINAGE 856, V. 2005, P. 880, 0. R. CL DRAINAGE CHANNEL 31, CITY OF - / CORPUS CHRISTI, V. 2005, P. 080, - - - - D. R. AND V. 2046, P. 021, D. R. / CL AMETHYST 0R.-- CURVE DATA, CB5521.13' 38'E B�SYa902'+3'N glr2T '7" D 25' 50' 100' SCALE, 1'= 50' 004166.16' 10, 01552 90' pp DD OCT fL 8 2014 PLANNING COMMISSION PLAT OF GRANGE PARK UNIT 1 (CONTINUED) CORPUS CHRISTI, NUECES CO., TX BASS & WELSH ENGINEERING FIRM NO. F-52, 3054 S. ALAMEDA ST, CORPUS CHRISTI, TEXAS 78404 JOB NO, 0555 Exhibit 1 Page 2 of 2 APPLICATION FOR WASTE WATER REIMBURSEMENT We, Grangefield Development, LLC, 4322 Lake Superior, Corpus Christi, Texas, 78413, owners and developers of proposed GRANGE PARK UNIT 1 subdivision, hereby request reimbursement of $153,270.00 for the installation of the waste water collection line in conjunction with said subdivision, as provided for by City Ordinance No. 17092. $294,616.41 is the construction cost, including 11% Engineering d Surveying, as shown by the cost supporting documents attached THE STATE OF TEXAS § COUNTY OF NUECES § 5-7 /5 Jac' -line r"i, - 1 -ger Da - Grangehel . *- - ' - opment, LLC This instrument was acknowledged before me on Wit 1Li , 2015, by 3 CO & WU,A (Name), A{,lYt (Title), of Grangefield Development, LLC,a Texas Corporation, on be alf of the said 9 pP corporation. CHRISTINA MARTINEZ Notary Public, State of Texas My Commission Expires November 17, 2016 THE STATE OF TEXAS § COUNTY OF NUECES § Nota Public in and for the State Texas .51-4//r Alyeh Hatami Fardy, Manager Date Grangefield Development, LLC This instrument was acknowledged-T�before me on 1 , 2015, by t'CL 1() t T/�l (Name), !Jana (Title), of Grangefield Development, L C, a Texas Corporation, on betValf of the said 9 P corporation. 1/01,N CHRISTINAMARTINEZNotaryPublicStateofTexas1.4 My Commission Expires NAV, November 17, 2015 otary Public in and for the Stet l f Texas Exhibit 2 Page 1 of 3 CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) Sufficiency of funds in the Sanitary Sewer Collection Line Trust Fund, and (b) Appropriation and approval by the City Council. Development Services Engineer Date Exhibit 2 Page 2 of 3 1 APPLICATION FOR WASTE WATER CREDIT We, Grangefield Development, LLC, 4322 Lake Superior, Corpus Christi, Texas, 78413, owners and developers of proposed GRANGE PARK UNIT 1 subdivision, hereby apply for $20,436.00 credit towards the waste water lot fee for the collection line extension in conjunction with said subdivision as provided for by City Ordinance No. 17092. $315,052.41 is the construction cost, including 11/0 Engineerin • : nd Surveying, as shown by the cost supporting documents att %e• "-rewith. Jacqueline Az Grangefield De THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on _\04(‘ IAD M-.- ent, LLC Date kkit 1 , 2015, by (Name), GAY- (Title), of Granefield Development, LLC, a Texas Corporation, on behalf of the said corporation. ,•►'"!`Atrke CHRISTINA MARTINEZ Notary Public, State of Texas My Commission Expires November 17, 2015 THE STATE OF TEXAS § COUNTY OF NUECES § Notary Public in and for the State Texas 7//s_ Alyeh Hatami Fardy, Manager Date Grangefield Development, LLC This instrument was acknowledged before me on 0,(11)\ —1W (Name), �.1�'110� I-1745 ir eid Development, LL Texas Corporation, on bcYlalf , 2015, by (Title), of Graf gefi p , of the said corporation. CHRISTINA MARTINEZ Notary Public, State of Texas My Commission Expires %`` November 17, 2015 Nota Public in and for the State Exhibit 2 Page 3 of 3 MAPACNIEMIENTS TO RANGE PARK UNO7 1 1110709 NUIECIES COUNTY, 7 a CORPUS ICK 1.72"......""a"r—WZ-1.1•=t= =;`, .71-X-Mrzakta-g§±-11171,- 54.12_5150.4.225 r. " " " " " • • " " IIIMIL,DISCHLTheaeri MIUMMODPIMES C.) • • ••• • I. •••• • ••• pm- 01001 00 010T WM 00, - - - "". 1111211L,MINVICIZIKAMIL HILMARD12611 =IMO WRY. 030/ 0.11 • •00.112 MOW. Mit - ••••• mum ems ••• us. ••• •"" • """ ````' • MOO. MM. &NS M.MIL ••• v.... us S.. W. CALL BEFORE YOU DIG! =WE r... -7113"e-31.2 4.4 40. 00 001.1.11. rose 001..••••• ""'""" ..-•-•“a•••• nr,1717s"Mr.z.m.i.:C=Mita'Ell'EF. • =•••"" 4.47÷76=6-41WAY: LIT ir 11 ""fr a • *sr lutr ts.11=1 se, le re nrArinm me*, 911, MEN, SHEET 1 COVER SHEET MO InSCELIMEOUS INFORY.4050. SHEET 2 ROINC. ater0C MIS ORMAGE KM. SIRE/T MIS SlCs SEWER MOMS SHEET 3 SHEET 4 SHEET 5 554Te31 SEN54 exEl were"! Pew MIS sehrtorr SEN. PeCRES 540.2.4 1411ER mewls PP11V001004 Km, ESTNNeTE 53334037 010 545E 11100 STREET MO SCOW( OVALS 71 **us BeSS *ELSH E4.4334. IN ass 4.Ne 0.01 INPRLINEHEHTS ID GRANISE PS MIT 1 5134502 111101051 KEELS GI TN COoE. SHUT INGCC1.1100. •• -es— "4" , „ Exhibit 3 Page 1 of 5 Fitt 15 -- - i.m _ __— 200 300 3.00 66600 --- 4.00 s m... —.— .T- , W 4:a:, - -�•-. _ — ....... .. ... Ch""P.Y. 'ft ..dI g. -....... -.4. orik .e 6.867..23 ...%V..... 1.m 2.00 PRmILr-ymnnnr i Y 3 00 ..00 5620 6.00 • ,r 1.00 0'00 . 5 —Y —•^ T 10 PROFILE - 206.146 0•r 47.4 I.002 m 3.00 4.00 5.03 PPw1l -1TR1R Srvvq ROY r"- 31 ID ,TI11,1111, 01 8,8,,,,.... r. nd.L..-R...m... 11 n uee 0 0(0511 D OISRR r Moe. 01•5111. RIM ?Ono 1.nRO•E.2111 W 00 0RAR6t PARK 11 1 11. WELLS P.v1.G. 0000(10. 0110 000IR.r,E 1.011 (100(1 0110 Sr6+R 5[000 P001105 Exhibit 3 Page 2 of 5 1.m I."' a2ar .5c 3.00 4.00 5.00 6.30 1.00 0-1161 15 MOP • 10 1.00 2.00 3 00 •51114ar 1 LIME11[MRr IEI1 M• It 112-41 MUD a• 6.00 5.m 6 00 --Ya - Ping 10 rh Wer. rm. o.ea C@ .-.a...av�.e1..... w wa 11N0.Aa1 -6101, wL^xg•� u.. 1 iM •S.N11M uyIi ,L[ e_ • PrW 1M J.`.miga •RK .x evroa L:G..n:P \, 041.m *00 _ '9 ALL 810.04 ROAD� .1' L . a n ,-CL N4111166 CC 111.4..E ,500 2 a 400 - 4.00 -_ - 5100 __-_--- .'w 1•'><' • r;� rr •4ol , �,�. .n. 1" �15 ]0 10 Xb CV {li e_.S IIIN -''4 0 w .. o x1 _ ° LLI, --.... -5 �i g1..14 r a.1r +. firErtat rrTU [ - 5041144. rvEa IIK •L l 1 MPMet —i— 1 61 Exhibit 3 Page 3 of 5 Mee IMP SIP Pea alePerip sr nova .1 Kemp • 1=47 gpippop IPPN Pt. PPP PP PP ESTIMATE SUMMARY PP OK Mil ee PAPP IP •Pg PliPMPIN PAPP IMO PP Pee I•eabiga PO IP Ng liggiglaf PI 5L� SEBWENI.TIBN SCREEN RNC( imp pep MVP le PP Ire Pa ON Mama P We IP PP Pug NM PP pee. 10.1.1•111i pia •IPPL Pap! IS Me migi OPP Mfg PPIPPega IP Ningegaisli IMP MO gegeargen C ,�y, sE ,..P i N ..o w . CL MCIII/ST Pn�trttM PRFYEi1i 1IN bTFC V a sinal PwBT S▪ I'"''Siw`T wu^Iwu:"w 8.n �" m�'iliw:Ra�ov.u. • ":•••• n?: wIM"te OW= r TTPICb CFFT up,n a.o STABILIZED CEINSTRUCTIM ENTRANCE BASS .NO .EiS11 DaGriEEBMG n y m n.l, 11116 ?WM i..�i1� .fai1.N rLI.NPOY D PRKto 11 CORPUS EIS EES 1 ix SI m...ro1 Kurta BE.omoN or* w1. pT...TE S.WWf, un a.sE 10.3 Owe 35.11/100•29 51 aRtf Exhibit 3 Page 4 of 5 Tetr.T.r. el FTWAtV..4.1: ZAMA:al: VI., JVPrAll rrin4 - PI(FIR,FQ rnuranrr1 I1I1 ra cam AT A, OE PRI,POSPII Sin P1:r. TYPICAL STREET SECTION - bO ROW Lar_sAxemser. .(4). :1;4%7; • " " '""a" ROZ-ICC SCR SUPPORT ASSFMBLY DEO& - END OF RON) BARRICADE INSFALLSRQH (FRE 04 - AR ()N(U MARKERS) oas VOIATIC S1SN rark.44ast DV,. (A) POIKOC 9.01 501.1).(( IKSULIATION ••• Dir,Akr.111,11.^.. otaa.-SadoNessom.r. " .U'701411.1..0020130 MSS AO rasa Now..., .157Parni t -it 7,1 1=0.. SMUT MAP. rIIs1l routec (71 SIAM Sao STERALK 00.119 AAA maz ca. P(A. •AA -AA -=.)-- 9.2,9_ Exhibit 3 Page 5 of 5— Vargo Plumbing Fred Vargas RM 40594 1541 Clodah Dr, Corpus Christi Exhibit 4 Page 1 of 3 Grange Park Unit 1 Qty Cost Total Street and Surface Items 1. 6" Curb and Gutter 2650 LF $10.13 26840 2. 2" HMAC 3672 SY $15.50 56760 3. 6" Crushed Limestone Base to 2' BC 5757 SY $11.50 65940 4. 1-1/2 " HMC 907 SY $12.00 10878 8" Lime Stabalized subgrade to 2' BC 5757 SY $4.12 23700 6. Excavation 1 LS 33345 7. Clearing and Grubbing 1 LS 25760 8. Street signs 2 EA $600 12000 9.4' Concrete Walk 11888 SF 52840 308063 308063 Linear Park Items 1. 10° Concrete Walk 6850 $3.80 26000 2.Clearing and Grubbing and Earthwork 1 EA 15000 41000 41000 Service Storm Sewer Items 1. 15" RCP 135 LF $29.00 3921 2. 18" RCP 633 LF $31.70 20044 3. 24' RCP 270 LF $33.43 9026 4. 30" RCP 199 LF $52.25 10395 5. 5' inlet 4 EA $2,490 9960 6. Manhole 2 EA $2,800 5602 7.R/C End of Pipe structure in Ditch 1 EA 2614 61562 61562 Sanitary Sewer Onsite 1. 8" PVC Pipe 872 LF $31.18 27187 2. 10" PVC Pipe 793 LF $36.20 28710 3. FG Manhole 4' Dia 7 EA $4,132 28927 4. 4" PVC 52 EA $452 23490 108314 108314 Sanitary Sewer Trunk Main Items Exhibit 4 Page 1 of 3 Exhibit 4 Page 2 of 3 1. 15" Pipe Connection at Lift Station 1 LS 12000 2. 15 " PVC Pipe 633 LF $230 145590 3. Dewatering for 15 " Pipe 633 LF $44 27852 4. Crushed Stone Embedment for 15" P 633 LF 520 12660 5. Pavement Patching 900 SY $30 27000 6. 5' Dia FO Manhole 3 EA $14,000 42000 7. 8" PVC Drop Connection 1 LS $5,000 5000 8. Traffic Control During Construction 1 LS 3500 9. Trench Safety For SS Trunk 633 LF 513 8229 283831 283831 Onsite water Items 1. 6" PVC Pipe 1365 LF $17.25 23568 2. 12 " Tapping Saddle 1 EA 3375 3. 6" Cap Tappd for 2" 1 EA 900 4. 6" Gate Valve w/box 5 EA 5754 3768 5. 6"90 EL 2 EA $281 562 6. 6" Tee 2 EA $281 562 7. 6" Dia x 3 PVC Pipe Nipple 6 EA $183 1100 8. Fire Hydrant Assembly 2 EA $3,178 6356 9. 2" HDPE Pipe 270 LF $7.60 2025 10. 2' Double Strap Connecton w/2" 2 EA $281 562 11. Water Service Single 4 EA $435.75 1743 12. Water Service Double 24 EA $468.75 11250 55771 55771 12" Grid Main Water Items 1. 12" PVC Pipe 350 LF 560 21000 2. 12" Tee 2 EA $1,500 3000 3. 12" 90 EL 1 EA 950 4. 12" Cap Tapped for 2" 1 EA 850 5. 12" Gate Valve w/box 1 EA 2950 6. Traffic Control During Construction 1 LS 3000 31750 31750 Miscellaneous Onsite Items 1. Traffic Control and Barricading 1 LS 2268 Planning and Permitting 2. Trench Safety and Excavations 2910 LF 51.51 4401 3.Remove and Relocate P Pole and G Wire 1 LS 6817 13486 13486 903777 Exhibit 4 Page 2 of 3 NIXON M. WELSH, P.E., R.P.L.S. Email: NixMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 GRANGE PARK UNIT 1 OFFSITE SANITARY SEWER COST ESTIMATE 03/17/15 3054 S. Alameda St. 361 882-5521-- FAX 361 882-1265 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT SANITARY SEWER TRUNK MAIN ITEMS 1 15" PIPE CONNECTION AT LIFT STATION 1 LS 12,000.00 12,000.00 2 15" PVC PIPE 633 LF 230.00 145,590.00 3 DEWATERING FOR 15" PIPE 633 LF 44.00 27,852.00 4 CRUSHED STONE EMBEDMENT FOR 15" PIPE TO 6" BELOW & 12" ABOVE & TO SIDES OF PIPE 633 LF 20.00 12,660.00 5 PAVEMENT PATCHING 900 SY 30.00 27,000.00 6 5' DIA FG MANHOLE 3 EA 14,000.00 42,000.00 7 8"PVC DROP CONNECTION 1 LS 5,000.00 5,000.00 8 TRAFFIC CONTROL DURING CONSTRUCTION FOR SS TRUNK MAIN CONSTRUCTION 1 LS 3,500.00 3,500.00 9 TRENCH SAFETY FOR SS TRUNK MAIN CONSTRUCTION 633 LF 13.00 8,229.00 SUBTOTAL 11% ENGINEERING, SURVEYING & TESTING SUBTOTAL LESS WASTEWATER LOT FEE SUBTOTAL MAXIMUM AMOUNT REIMBURSEABLE 15 X $20,436.00 X 50% 283,831.00 31,221.41 315,052.41 -20,436.00 $294,616.41 $153,270.00 Exhibit 4 Page 3 of 3 INSURANCE REQUIREMENTS I. 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 Business Auto 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 certificates or by policy endorsement(s) Bodily injury and Property Damage Per Occurrence / aggregate COMMERCIAL GENERAL LIABILITY 1. Broad Form 2. Premises — Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8. Professional Liability (if applicable) 9. Underground Hazard (if applicable) 10. Environmental (if applicable) $1,000,000 Per Occurrence $2,000,000 Aggregate BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned 3. Rented & Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION (for paid employees) EMPLOYER'S LIABILITY Which Complies With The Texas Workers' Compensation Act And Paragraph II Of This Exhibit. $500,000 / $500,000 / $500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for all perils. 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. Exhibit 5 Page 1 of 3 II. 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. An "All States endorsement shall be included for Companies not domiciled in Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit 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 (361) 826-4555- Fax # D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, or comparable policy language, as respects to operations, completed operations and activities of, or on behalf of, the named insured performed under contract with the City. • 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. 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. Exhibit 5 Page 2 of 3 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 and completed operations and activities under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Exhibit 5 Page 3 of 3 City or Corpus Christi. Texas Department of Development Services City of�is �" as Corpus Christi, re78469 4277 Texas 7 COITUS Located (361)826-3240 at 2406 L pard Stied s CLLR 1S Lc (CmnerorLeopard St. and Port Ave.! DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: STREET: FIRM is: Btorporation CITY: ,• aA ZIP: n `Y ❑ Other ❑ Partnership ❑ Sole Owner 0 Association DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) 2. State the names of each 'official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm", Name Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: (Print) Signature of Certifying Person. K.IDEVELOPMEN1SVCSSHARED1?SND DINE Lona NTO .. ANCE AD STATEMENT1 27 12 DOC Title: Pre,c 44 Date: 1CATION FORMSIFORMS AS PER LEGAL52OITDISCI O URE 1NTERESIS Page 1 of Exhibit 6 DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. KIDEVEWPMENTSVCSLSUAREDNLANO DEVELOPMENrORDINANCE ADMINISfRATIONIAFFLICATION FORMSIFORMS AS PER LEGAL570121OISCWSURE OF INTERESTS SrATEMENr12712DOC Pa e 2 of 2 Exhibit 6 9 City of PI Corpus Christi bwolitimowilwoo DISCLOSURE OF INTERESTS City or Corpus Christi, Texas Depanment of Development Services P O Box 9277 Corpus Chnsti. Texas 78469.9277 (361)826.3240 Located at 2406 Leopard Street (Comer of Leopard St and Pon Ave ) City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. if the question is not applicable, answer with" withAel k NAME: -k Irta LA % FCA r + STREET: L4I e- Li f, are Clef j . oat ZIP: ii -T FIRM is: Morporation 0 Partnership 0 Sole Owner 0 Association ❑ Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) 114W _ 2. State the names of each `official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: ! 1!1.- rural Title; later (Print) , Signature of Certifying Person: /42 / tel . Date: S1L., + 5 K1DEVELOPAIENTSVCS'S1trtREDLAND DEVELOPMENTORDINANCE ADMT1ISTRATIONAPPLICATUON FORMS.FORAIS AS PER LEOAL20I2 DISCLOSURE OF INTERESTS Page 1 of 2 STATEMENT] .27 12. DOC Exhibit 6 DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f, "Consultant-. Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. K WEVELOPAIENTSVCS'SHAREDLAND DEVELOP5tENTORDINANCE ADSIINISTRATIOMAPPLICATIONFOR5IS'FOR .lS AS PER LEGALL0I2'DISCLOSURE OF INTERESTS STATEMENT! 27 l2 DOC Pa e 2 of 2 Exhibit 6 9 GRANGE PARK UNIT 1 AERIAL OVERVIEW MAP AGENDA MEMORANDUM First Reading Ordinance Item for the City Council Meeting of June 9, 2015 Second Reading Ordinance for the City Council Meeting of June 16, 2015 DATE: TO: Ronald L. Olson, City Manager FROM: Dan M. Grimsbo , P.E., Director, Development Services DanG@cctexas.com (361) 826-3595 5/15/2015 Approval of agreement and appropriating ordinance to reimburse Grangefield Development, LLC, for the construction of water arterial transmission and grid main line CAPTION: Ordinance authorizing city manager or designee to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with Grangefield Development, LLC ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $16,574.50 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. PURPOSE: Grangefield Development, LLC, is required to install 350 linear feet of 12 -inch water arterial grid main extension in order to provide adequate water to a proposed residential subdivision development. The site is located south along Slough Road, east of Rodd Field Road and south of Amethyst Drive. BACKGROUND AND FINDINGS: Per Section 8.5.1.0 (1) Credits and Reimbursements of the Unified Development Code ("UDC"), Grangefield Development, LLC, is requesting a Reimbursement Agreement for the development of Grange Park Unit 1 as shown on the final plat. The subdivision is located south along Slough Road, east of Rodd Field Road and south of Amethyst Drive. The development requires the extension of 350 linear feet of 12 -inch water arterial grid main in order to provide adequate water to the property. A layout of existing and proposed improvements is included as Exhibit 3. The 12 -inch waterline is eligible for full reimbursement from the Water Arterial Transmission and Grid Main Trust Fund. The Water Master Plan calls for the construction of a 12 -inch water arterial grid main south of Slough Road. If the actual costs for installation of such arterial transmission and mains are greater than the lot or acreage fee, the developer shall be reimbursed (less any lot or acreage fee credits) from funds available from the Water Arterial Transmission and Grid Main Trust Fund for that portion of the arterial transmission and grid main installed by the developer. In this case, the total construction cost of the 12 - inch water arterial grid main is $35,242.50 minus the lot/acreage fee of $18,668.00 which equals $16,574.50. ALTERNATIVES: Disapproval of the Reimbursement Agreement. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The developer will be extending a water grid main to serve the proposed residential development and has requested a Reimbursement Agreement, as provided in the Unified Development Code. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Water Arterial Transmission Grid Main Trust Fund Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,725,673.78 Encumbered / Expended Amount $790,928.61 This item $16,574.50 BALANCE $918,170.67 Fund(s): Arterial Transmission & Grid Main Line Trust Fund, Developer Reimbursements Comments: Balance reflects amount for Parkview Unit 1 Arterial Grid and Transmission Construction and Reimbursement Agreement. RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Location Map Ordinance ORDINANCE AUTHORIZING CITY MANAGER OR DESIGNEE TO EXECUTE A WATER ARTERIAL AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT ("AGREEMENT") WITH GRANGEFIELD DEVELOPMENT, LLC ("DEVELOPER"), FOR THE CONSTRUCTION OF A WATER ARTERIAL TRANSMISSION AND GRID MAIN LINE AND APPROPRIATING $16,574.50 FROM THE NO. 4030 ARTERIAL TRANSMISSION AND GRID MAIN TRUST FUND TO REIMBURSE THE DEVELOPER IN ACCORDANCE WITH THE AGREEMENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute the attached water arterial transmission and grid main construction and reimbursement agreement ("Agreement"), attached hereto, with Grangefield Development, LLC ("Developer"), for the extension of a 12 -inch water arterial transmission and grid main line, including all related appurtenances, for the development of Grange Park Unit 1 Subdivision, Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $16,574.50 is appropriated from the No. 4030 Arterial Transmission and Grid Main Line Trust Fund to reimburse the Developer for the construction of the water arterial transmission and grid main line improvements in accordance with the Agreement. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Water Arterial Transmission and Grid Main Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home - rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469-9277, and Grangefield Development, LLC ("Developer "), 4322 Lake Superior, Corpus Christi, Texas 78413. WHEREAS, the Developer, in compliance with the Unified Development Code ("UDC"), proposes to final plat the Property as shown on the attached final plat known as Grange Park Unit 1 ("Development"), as shown in Exhibit 1 (attached and incorporated); WHEREAS, under the UDC and as a condition of such plat of Grange Park Unit 1, Developer is required to construct a public waterline in order to record such plat; WHEREAS, Developer has submitted an application for reimbursement of the costs of extending a 12 -inch waterline from the existing 12 -inch waterline located on the south side of Slough Road at the Northeast corner of Rancho Las Brisas Unit 1 Subdivision for a distance of 350 linear feet in order to extend water grid main along Holly Road and consistent with the Unified Development Code (Exhibit 2); WHEREAS, it is in the best interests of the City to have the 12 -inch waterline on Slough Road for a distance of 400 linear feet installed by Developer in conjunction with the final plat; WHEREAS, Resolution No. 026869 authorized the acceptance of applications to be eligible for reimbursement in the future when funds are fully available in, and are appropriated by City Council, the Arterial Transmission and Grid Main Line Trust Fund as per the UDC, Section 8.5.1.C(1), and WHEREAS, Chapter 212 of the Texas Local Government Code authorizes a municipality to make a contract with a Developer of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; NOW, THEREFORE, in consideration set forth hereinafter and in order to provide a coordinated waterline construction project, the City and Developer agree as follows: Subject to the terms of this Agreement and the plat of Grange Park Unit 1, Developer will construct the 12 -inch waterline for and on behalf of the City in accordance with the plans and specifications as are approved by the City Engineer on behalf of the City. 1. REQUIRED CONSTRUCTION The Developer shall construct the 12 -inch waterline improvements, in compliance with the City's UDC and under the plans and specifications approved by the Development Services Engineer. 2. PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the construction of the 12 -inch waterline, as shown in Exhibit 3, with the following basic design: 1. Install 350 linear feet of 12 -inch PVC waterline pipe. 2. Install two (2) 12 -inch tees. 3. Install one (1) 12 -inch 90 degree EL. 4. Install one (1) 12 -inch cap. 5. Install one (1) 12 -inch gate valve with box. 6. Install lump sum traffic control and barricading plan. b. The plans and specifications must comply with City Water Distribution Standards and Standard Specifications. c. Before the Developer starts construction the plans and specification must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS Prior to the start of construction of the 12 -inch waterline improvements, Developer shall acquire and dedicate to the City the required additional utility easements "Easements", if necessary for the completion of the 12 -inch waterline. If any of the property needed for the Easements is owned by a third party and Developer is unable to acquire the Easements through reasonable efforts, then the City will use its powers of eminent domain to acquire the Easements. 4. PLATTING FEES Developer shall pay to the City of Corpus Christi the required acreage fees and pro -rata fees as required by the UDC for the area of the improvements for the construction of the 12 -inch waterline. The required acreage fees Developer is to pay to the City under the UDC for the 12 -inch waterline improvements will be credited to Developer provided that an application for credit, including cost - supporting documentation, has been submitted to the Assistant City Manager of Development Services prior to the installation of the 12 -inch waterline and is approved. Arterial Tran and Grid Main Reimb Agmt Grangefield Development, LLC -Grange Park Unit 1 vFinal Standard Form Reimbursement Agreement Template Version 1.0 5.4.15 Page 2 of 10 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS Developer shall award a contract and complete the improvements to 12 -inch waterline, under the approved plans and specifications, by June 23, 2016. 6. TIME IS OF THE ESSENCE Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS The parties shall act promptly and in good faith in performing their duties or obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT The following events shall constitute default: a. Developer fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval by City Council. b. Developer's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. c. Developer fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. d. Developer's contractor does not reasonably pursue construction of the project under the approved plans and specifications. e. Developer's contractor fails to complete construction of the project, under the approved plans and specifications, on or before June 23, 2016. f. Either the City or Developer otherwise fails to comply with its duties and obligations under this Agreement. 9. NOTICE AND CURE a. In the event of a default by either party under this Agreement, the non - defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in detail the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. Arterial Tran and Grid Main Reimb Agmt Grangefield Development, LLC -Grange Park Unit 1 vFinal Standard Form Reimbursement Agreement Template Version 1.0 5.4.15 Page 3 of 10 c. In the event the default is not cured by the defaulting party within the Cure Period, then the non -defaulting party may pursue its remedies in this section. d. Should Developer fail to perform any obligation or duty of this Agreement, the City shall give notice to Developer, at the address stated above, of the need to perform the obligation or duty, and should Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer by reducing the reimbursement amount due Developer. e. In the event of an uncured default by the Developer, after the appropriate notice and cure period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default. 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project. 3. Perform any obligation or duty of the Developer under this agreement and charge the cost of such performance to Developer. Developer shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer receives notice of the cost of performance. In the event that Developer pays the City under the preceding sentence, and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and cure period, the Developer has all its remedies at law or equity for such default. 10. FORCE MAJEURE a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. lf, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force Arterial Tran and Grid Main Reimb Agmt Grangefield Development, LLC -Grange Park Unit 1 vFinal Standard Form Reimbursement Agreement Template Version 1.0 5.4.15 Page 4 of 10 majeure, are suspended during the continuance of the inability claimed, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 11. NOTICES a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party in writing at the following address: 1. If to the Developer: Grangefield Development, LLC 4322 Lake Superior Corpus Christi, Texas 78413 2. If to the City: City of Corpus Christi 1201 Leopard Street (78401) P.O. Box 9277 Corpus Christi, Texas 78469 ATTN: Assistant City Manager Development Services b. Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Retum Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change of address for notices by giving notice of the change under the provisions of this section. 12. THIRD -PARTY BENEFICIARY Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS Developer shall require its contractor for the construction of the project, before beginning the work, to execute with Developer and the City a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bond must comply with Texas Govemment Code, Chapter 2253 and must be in the form and substance as attached to this Agreement. 14. WARRANTY Developer shall fully warranty the workmanship of and function of the 12 -inch waterline improvements and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City Engineer. Arterial Tran and Grid Main Reimb Agmt Grangefield Development, LLC -Grange Park Unit 1 vFinal Standard Form Reimbursement Agreement Template Version 1.0 5.4.15 Page 5 of 10 15. REIMBURSEMENT a. Subject to the appropriation of funds, the City will reimburse the Developer 100% of the reasonable cost of the 12 -inch waterline improvements, not to exceed $16,574.50. See attached cost estimate (Exhibit 4). b. Subject to the appropriation of funds, the City agrees to reimburse the Developer on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30 -days from the date of the invoice. Developer shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement (Exhibit 5). c. To be eligible for reimbursement, the work completed in a good and workmanlike manner, and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. d. In the event that this Agreement is terminated by the City at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse Developer for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that there is an uncured default by the Developer. 16. INDEMNIFICATION DEVELOPER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM CITY ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE DEVELOPER'S FAILURE TO COMPLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT OR TO PROVIDE CITY WATER SERVICE TO THE DEVELOPMENT, INCLUDING INJURY, LOSS, OR DAMAGE WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT DESCRIBED ABOVE, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, Arterial Tran and Grid Main Reimb Agmt Grangefield Development, LLC -Grange Park Unit 1 vFinal Standard Form Reimbursement Agreement Template Version 1.0 5.4.15 Page 6of10 EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES, WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SPECIFICALLY INCLUDES ALL CLAIMS, DAMAGES, AND LIABILITIES OF WHATEVER NATURE, FORESEEN OR UNFORESEEN, UNDER ANY HAZARDOUS SUBSTANCE LAWS, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: (A) ALL FEES INCURRED IN DEFENDING ANY ACTION OR PROCEEDING BROUGHT BY A PUBLIC OR PRIVATE ENTITY AND ARISING FROM THE PRESENCE, CONTAINMENT, USE, MANUFACTURE, HANDLING, CREATING, STORAGE, TREATMENT, DISCHARGE, RELEASE OR BURIAL ON THE PROPERTY OR THE TRANSPORTATION TO OR FROM THE PROPERTY OF ANY HAZARDOUS SUBSTANCE. THE FEES FOR WHICH THE DEVELOPER SHALL BE RESPONSIBLE UNDER THIS SUBPARAGRAPH SHALL INCLUDE BUT SHALL NOT BE LIMITED TO THE FEES CHARGED BY (I) ATTORNEYS, (I1) ENVIRONMENTAL CONSULTANTS, (III) ENGINEERS, (IV) SURVEYORS, AND (V) EXPERT WITNESSES. (B) ANY COSTS INCURRED ATTRIBUTABLE TO (I) THE BREACH OF ANY WARRANTY OR REPRESENTATION MADE BY DEVELOPER/OWNER IN THIS AGREEMENT, OR (II) ANY CLEANUP, DETOXIFICATION, REMEDIATION, OR OTHER TYPE OF RESPONSE ACTION TAKEN WITH RESPECT TO ANY HAZARDOUS SUBSTANCE ON OR UNDER THE PROPERTY REGARDLESS OF WHETHER OR NOT THAT ACTION WAS MANDATED BY THE FEDERAL, STATE OR LOCAL GOVERNMENT. THIS INDEMNITY SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THE AGREEMENT. 17. ASSIGNMENT OF AGREEMENT This Agreement may be assigned by Developer to another with the written consent of the City's City Manager. 18. COVENANT RUNNING WITH THE LAND This Agreement is a covenant running with the land, Grange Park Unit 1, a subdivision in Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer's successors or assigns. Arterial Tran and Grid Main Reimb Agmt Grangefield Development, LLC -Grange Park Unit 1 vFinal Standard Form Reimbursement Agreement Template Version 1.0 5.4.15 Page 7 of 10 19. DISCLOSURE OF OWNERSHIP INTERESTS Developer further agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit 6. 20. AUTHORITY All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. 21. EFFECTIVE DATE This Agreement shall be executed in one original, which shall be considered one instrument. *This Agreement becomes effective and is binding upon, and inures to the benefit of the City and Developer from and after the date that all original copies have been executed by all signatories. EXECUTED IN ONE original, *this day of , 2015. SIGNATURES FOUND ON PAGES 9 and 10. Arterial Tran and Grid Main Reimb Agmt Grangefield Development, LLC -Grange Park Unit 1 vFinal Standard Form Reimbursement Agreement Template Version 1.0 5.4.15 Page 8 of 10 Developer Grangefield Development, LLC 4322 Lake Superior Corpus Christi, Te. Jiff" ANIJINIWA— 'ali By: Jacqu=ine Manager THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Jaqueline Azali Manager, for Gr- ■ efeld-Development, LLC, and acknowledged before me on the day of %/ , 2015. Developer Grangefield Development, LLC 4322 Lake Superior Corpus Christi, Texas 78413 By: "- J`' TANYA ROJAS key My Commission Expires October 15, 2017 rtco Alyeh Hatami Fardy Manager THE STATE OF TEXAS § § COUNTY OF NUECES § This instrument was signed by Alyeh Hatami Fardy, Manager for Grange Development, LLC, andackn before me on the ( day of ) , 2015. ubli Sta a of TANYA ROJAS My Commission Expires October 15, 2017 Arterial Tran and Grid Main Reimb Agmt Grangefield Development, LLC -Grange Park Unit 1 vFinal Standard Form Reimbursement Agreement Template Version 1.0 5.4.15 Page 9 of 10 CITY OF CORPUS CHRISTI: ATTEST: By: By: Rebecca Huerta Daniel M. Grimsbo City Secretary Director, Development Services THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Rebecca Huerta, City Secretary, for the City of Corpus Christi, Texas, and acknowledged before me on the day of 2015. Notary Public, State Of Texas THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Ronald Olson, City Manager, for the City of Corpus Christi, Texas, and acknowledged before me on the „ day of 2015. Notary Public, State Of Texas APPROVED AS TO FORM: This day of , 2015. n1/4 Julian Gant, Senior Assistant City Attomey For the City Attomey Arterial Tran and Grid Main Reimb Agmt Grangefield Development, LLC -Grange Park Unit 1 vFinal Standard Form Reimbursement Agreement Template Version 1.0 5.4.15 Page 10 of 10 STATE of TEXAS OWN, OF NUECES § . GRANGEFIEtD DEVET.OP NI YO HEREBY ,TRAY THAT wE ARE T7 roL DF HE urvO EN HFAETOFORE DE i PREVIouSLT DE GTE 5 BEES MESHERE�NOEDIGTEO IN fFE SIMPLE AND FAS pug% roggrar,, 1.4s plIcA,uou FOREVER, AND THAT THIS PLAT WAS MADE FOR THE THIS THE DAY OF 20 . STATE OF TEXu 4 COUNTY OF NUECES § PAIS INSTRUM.T WAS ACKNOWLEDGED BEFORE ME BY JACOLIEUNE AZALLI AS MEMBER OF GRANCEEIED DEVELOPMENT. LLC. THIS THE DAY OF 20_ STATE OF TEXAS § COUNTY of NUECES 8 PLIS THE _ DAY OF 20 NOTES: NOTARY PUBLIC IN AND FOR THE STATE OF TEUS D FOR 1. THE TOTAL PLATTED AREA IS 9.2.10 ACRES INCLUDING STREET DEDICATIONS. 2. THE SUBJECT SBE IS IN ZONE 050 (EL 10) ANO ZONE "B' ACCORDING TO EMA MAP, COMMUNITY PANEL 4&5494 0540 C, REVISED MARCH 18, t9B5. S. THE THE %CEO HASS CLASESIFIEEN HE AQUATICOR THE STORM WU ERUSENOFF FOR THE 0SDI BAYAS'000001100)00.'ST. MID WATERS. TOED ALSO CATEGORIZED THE RECEIVING WATER AS CONTACT RECREATION THE FINISHED FLOOR ELEVATIONS SI-A.U_ BE A MINIMUM OF 18 INCH. ABOVE THE CENTERLINE OF THE HIGHEST ADJACENT ROADWAY_ 5. THE BASIS OF BEARINGS IS HE SOUTHEAST BOUNDARY USE UNE OF THE SUBJECT SITE, S28,9.62, AS SHOWN, PARALLEL TO THE EST BOUNDARY LINE OF AN 11..3 ACRE cEOT `IFI' DRAINAGE Row TRACT ALaNG HE SOuitr g-ruNIOARY 5. SET 5/8' IR.'S AT ALL CORNERS UNLESS OTHERWISE NOTED. T AND IS SUBJECT TO CHANCE AS THE ZaNINGEMpIREMENT OF THE UNIFIED DEVELOPMENT CODE STATE OF TEXAS § COUNTY OF NUECES § NGD PLATT WAS PREPIS TRUE AND CORRECT AND ARED SURVEYOR OF BASS S FROM LAH DE ON THE AT WE HAVE PEEN GAGEDGROUND UNEER TO SET RALL LOT MCOR ERSOUPON COMPLETION OF SUBONISION CONSTRUCRON IMPROVEMENTS WITHOUT DELAY. THIS THE DAY OF 20 FRED' S FOLLY STARRY RD. 400' 800' 1600' SCALE 11= 800' LOCATION MAP 1' = 800' rOO MC�n T 81fR1 PLANNING COMMISSION PLAT OF GRANGE PARK UNIT 1 A 9. 230 ACRE TRACT OF LAND, MORE ER LESS, A PO TIEN EF DR OCT 072014 LET 6, SECT 25, FLEUR BLUFF AND ENC INAL EARN AND GARDEN NACORPUS CHRISTI, NUECES COUNTY, TEXAS o: 4/0/114T BASS 8, WELSH ENGINEERING - FIRM N0F-52, 3054 S. ALAMEDA ST. CORPUS CHRISTI, TEXAS 78404 NWT* 1 of rE STATE OF TEXAS COUNTY OF NUECES § HEREBY CERTIFY THAT WE ARE THE HOLDERS OF A LIEN ON THE LAND EM WITHIN ETHE BOUNDARIES OF THE FOREGOING MAP AND THAT WE APPROVE THE SUBDNISION AND DEDICATION FOR HE PURPOSES AND CONSIDERATIONS THEREIN TITLE STATE OF TEXAS COUNTY OF NUECES § HIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY (NAME). _ (TITLE), OF -MIS THE DAY OF 20 NOTARY PUDg% IN AND FOR THE STATE OF TEXAS § COUNTY DF NUECES § THE FINAL PLAT OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED BY THE DEPARTMEM OF DEVELOPMENT SERVICES OF HE CITY OF CORPUS CHRISTI. TEXAS W MSON, OEVELAPMENL SERVICES ENGINEER DATE STATE OF TEXAS § COUNTY OF NUECES § THE FIN. T OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED ON BEHALF OF THE Citt OF CORPUS BY THE PUNNING COMMISSION. THIS THEDAY OF CHNRMAN SECRETARY PHILIP J. RAMIREZ, ALA., LEED Oe STATE OF TEXAS COUNTY OF NUECES § I. DIANA T. BARRERA, CLERK of THE COUNTY COURT IN AND FOR SAID COUNTY, DO HEREBY CERTIFY THAT 20 FOREGOING ITS CERTIFICATE OF TED AUTHENTICATION. WAS FILED FOR RECORD IN MY OFFICE HE DAY OF 20 AT O'CLOCK AND DULY RECORDED THE DAY OF 20 AT O'CLOCK M. IN HE MAP RECORDS OF SAID COUNTY IN VOLUME PAGE INSTRUMENT NUMBER WRNESS MY HAND AND SEAL OF P -IE COUNTY COURT IN AND FOR SAID COUN, AT =ICE IN CORPUS CHRISTI, NLIEC. COUN,, TEXAS. THE DAY AND YEAR LAST DEPU DIANA T. BARRERA, CLERK Exhibit 1 Page 1 of 2 N R6, I I I L R4 H. 17 SII 1N 16 J L 15 0E 66. IS PR 35 BLH 1 l 14 I. 13 12 N29° IS 00' 03' 10 E 679. 9 90' 8 7 R I 66, F. lz SaK 1. 6 I in J eA:.%, vmaaa\» 10' STREET DEDICATION •m/ CL SLOUGH ROAD O 166, Ln so, 60 S ss F ss o 25' YR - 12 566 sor -"---_°-_-"--- 61 55 6 SF 10 55 SF 66 -xe- 9 55 SF 66 55 5F s --'------6- 7 5566 SF 6 5566 SF 5' s 556 SG ` +81E-137-8-,13' 5 4 5566 SF 25' YR 50,00"n o 53 B9 SF _� 15 24'35 50,05' 3 ',II /z w 51i0iN 12 63. 20'� -5046 gG Q n .R 4.8 3J �(_--___ 128.90 N29° R `N 50. 60' T---„--529°DO'03'W _ 5- = 50. 60, 95' 20, 4] 521,24'---05564 ry N29°00'03 E 521.24' _-___-1., ' 313'23 _ - 0. 35" WCID➢H➢60 2 E LN N O 313'23 S29.00'03'W 518.65'_ 12' i5 53.38 06'5 7. U23. 3� N29° 00' 03" E S29° 00' 03" W' 10.58' 2.59' N60°59'57"5,220,00' 50. 90' I 9 Ia I 50. 90' 1 '1„- - I - � II��\ o SF Ie, ,10' OE N60.59' 57'N' -9 5' UE '~ x n - 5' UE 50� 90' `9, 65' 1s. G3' i / 9 F 95 50 x 559 SF 99 , 55 SF 5' 8 x 599 SG 11E579.00' - J 5599 SF 25' YR 69 F 5599 S - 03' E 4 99 50, 90' 3 s7la SF S0. 90' z 0s T 6 s 511N I 3] 55 ' 5 '.. IP 03 L P --c 5 of 55 SF SI 99 SF 36 - -- 5599 5F 5 --- _�- x 38 5599 55 UE 39 5599 SF _ O 405 5599 F \� 9 SF 42 99 SF ,,` 25=R 99 5 SF '_ UE \ �'i 44 50, 90' L 51. 81' 995 51. H 46 7I .11 S 6. to F� 15' oI 'II Jt' 40� 02' / 1,1 W C1 v IfJ 576,0106,6 651. 53, '0 S29° 00_03214.5 707. 25' '-- PENNINE WAY I--- ��� 529. 00'03'V \662.\9 -\ N /-51. 3 21 N-51, ST 1 S ON a F o J]' - " 12 15]01 SF ,71 PI 1d :II oz _ 11 01 SF �tyy_ 10 ]O6 S ^ L 9 700 S ^ 5F „ 8 555 S ^ " 7 5500 SF n s -\\ N. 99 \.655'95 6 SF \ n UE •, 25' SF O. u " Y57 R 6 99 s,5 �_``n�� 10'UEn 51. n' 99 SF 3787 X51. 77 52. 57' S 52, SJ 40. 1N--1\ s 14 5 t9 2x o 55,00' c ,t1,. 3"F`OF 26, 528.59'42'W 677.04' o 20' DE 50 0 313 N-tt--- 20' DE A 5,,170' P - 0286 59' 42" W 686, 97' CITY DRAINAGE 856, V. 2005, P. 880, 0. R. CL DRAINAGE CHANNEL 31, CITY OF - / CORPUS CHRISTI, V. 2005, P. 080, - - - - D. R. AND V. 2046, P. 021, D. R. / CL AMETHYST 0R.-- CURVE DATA, CB5521.13' 38'E B�SYa902'+3'N glr2T '7" D 25' 50' 100' SCALE, 1'= 50' 004166.16' 10, 01552 90' pp DD OCT fL 8 2014 PLANNING COMMISSION PLAT OF GRANGE PARK UNIT 1 (CONTINUED) CORPUS CHRISTI, NUECES CO., TX BASS & WELSH ENGINEERING FIRM NO. F-52, 3054 S. ALAMEDA ST, CORPUS CHRISTI, TEXAS 78404 JOB NO, 0555 Exhibit 1 Page 2 of 2 APPLICATION FOR WATER LINE REIMBURSEMENT We, Grangefield Development, LLC, 4322 Lake Superior, Corpus Christi, Texas, 78413, owners and developers of the proposed GRANGE PARK UNIT 1 subdivision, hereby request reimbursement of $16,574.50, as provided for by City Ordinance No. 17092. $35,242.50 is the construction cost, including 11% Engineering, Surveying, and Testing, in excess of the lot fee, as shown b th - • st suppo ' g documents attached Al herewith. THE STATE OF TEXAS § COUNTY OF NUECES § 5 1 15 Jacqu = ine i, Man ger Da e Grangefield : - - opment, LLC This instrument was acknowledged before me on 1 , 2015, by O C Y«L (Name), WIVIA (Title), of Grangefield Development, LLC, a Texas Corporation, on behalf of the said corporation. SLin 'LI iegwenON semdx3 uolsslwwoD AN : sexel to ei91s '3pgnd AaaioN ..... ..qi,, I Z3NIldVW YNusI$HO :;%,) 41ens THE STATE OF TEXAS § COUNTY OF NUECES § otary Public in dnd for the St • e •fTexas 577//c Alyeh Hatami Fardy, Manager Date Grangefield Development, LLC This instrument was acknowledged before me on , 2015, by iXlky)( I-1' tt 1 ,(Name),)J1O(X(Title), of Grangefield Development, LLC",a Texas Corporation, on behalf of the said 9 P corporation. 1 CHRISTINA MARTINEZ Notary Public. State of Texas My Commission Expires November 17, 2016 i Notary Public in and for the St f1'exas Exhibit 2 Page 1 of 3 CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) Sufficiency of funds in the Arterial Grid Main Trust Fund, and (b) Appropriation and approval by the City Council. si c• Iopment Services Engineer Date Exhibit 2 Page 2 of 3 APPLICATION FOR WATER LINE CREDIT We, Grangefield Development, LLC, 4322 Lake Superior, Corpus Christi, Texas, 78413, owners and developers of proposed Grange Park Unit 1 subdivision, hereby apply for $18,668.00 credit towards the water lot fee for the installation of the water grid main as provided for by City Ordinance No. 17092. $35,242.50 is the construction cost, including 11% Engineering, Surveying, and Testing, as shown by the cost upporting documents attached herewith. / I ArelfIZ- me17'ager - elopment, LLC Jacqu Grangefield THE STATE OF TEXAS § COUNTY OF NUECES § _5— 7 Dat This instrument was acknowledged before me on 1 20 lb _, 2015, by '11 VI' 'l,4iya AU% (Name), Okan (Title), of Gran efield Development, LLC, a Texas Corporation, on bl3fialf of the said corporation. f CHRISTINA MARTINEZ Notary Public, State cif Texas My Commission Expires November 17. 2015 THE STATE OF TEXAS § COUNTY OF NUECES § NQ)I\ry l Public in an for the Sta exas ,."9 /---- 4 )1 ' Alyeh Hatami Fardy, Manager Date Grangefield Development, LLC ThisM ` instrument was acknowledgedTarin before me on }J1 Ll JSi t , 2015, by Uy n j , 1 t'�il (Name), _(Title), of Grangefield Development, 11C, a Texas Corporation, on behalf of the said corporation. !;.►'!!14,;:.•% CHRISTINA MARTINEZ ' - Notary Public, State of Texas rt..i ,. My Commission Expires '4:4704Z.V November 17. 2015 \ibtehnCk Notary Public in and for the St -yam -xas Exhibit 2 Page 3 of 3 MAPACNIEMIENTS TO RANGE PARK UNO7 1 1110709 NUIECIES COUNTY, 7 a CORPUS ICK 1.72"......""a"r—WZ-1.1•=t= =;`, .71-X-Mrzakta-g§±-11171,- 54.12_5150.4.225 r. " " " " " • • " " IIIMIL,DISCHLTheaeri MIUMMODPIMES C.) • • ••• • I. •••• • ••• pm- 01001 00 010T WM 00, - - - "". 1111211L,MINVICIZIKAMIL HILMARD12611 =IMO WRY. 030/ 0.11 • •00.112 MOW. Mit - ••••• mum ems ••• us. ••• •"" • """ ````' • MOO. MM. &NS M.MIL ••• v.... us S.. W. CALL BEFORE YOU DIG! =WE r... -7113"e-31.2 4.4 40. 00 001.1.11. rose 001..••••• ""'""" ..-•-•“a•••• nr,1717s"Mr.z.m.i.:C=Mita'Ell'EF. • =•••"" 4.47÷76=6-41WAY: LIT ir 11 ""fr a • *sr lutr ts.11=1 se, le re nrArinm me*, 911, MEN, SHEET 1 COVER SHEET MO InSCELIMEOUS INFORY.4050. SHEET 2 ROINC. ater0C MIS ORMAGE KM. SIRE/T MIS SlCs SEWER MOMS SHEET 3 SHEET 4 SHEET 5 554Te31 SEN54 exEl were"! Pew MIS sehrtorr SEN. PeCRES 540.2.4 1411ER mewls PP11V001004 Km, ESTNNeTE 53334037 010 545E 11100 STREET MO SCOW( OVALS 71 **us BeSS *ELSH E4.4334. IN ass 4.Ne 0.01 INPRLINEHEHTS ID GRANISE PS MIT 1 5134502 111101051 KEELS GI TN COoE. SHUT INGCC1.1100. •• -es— "4" , „ Exhibit 3 Page 1 of 5 Fitt 15 -- - i.m _ __— 200 300 3.00 66600 --- 4.00 s m... —.— .T- , W 4:a:, - -�•-. _ — ....... .. ... Ch""P.Y. 'ft ..dI g. -....... -.4. orik .e 6.867..23 ...%V..... 1.m 2.00 PRmILr-ymnnnr i Y 3 00 ..00 5620 6.00 • ,r 1.00 0'00 . 5 —Y —•^ T 10 PROFILE - 206.146 0•r 47.4 I.002 m 3.00 4.00 5.03 PPw1l -1TR1R Srvvq ROY r"- 31 ID ,TI11,1111, 01 8,8,,,,.... r. nd.L..-R...m... 11 n uee 0 0(0511 D OISRR r Moe. 01•5111. RIM ?Ono 1.nRO•E.2111 W 00 0RAR6t PARK 11 1 11. WELLS P.v1.G. 0000(10. 0110 000IR.r,E 1.011 (100(1 0110 Sr6+R 5[000 P001105 Exhibit 3 Page 2 of 5 1.m I."' a2ar .5c 3.00 4.00 5.00 6.30 1.00 0-1161 15 MOP • 10 1.00 2.00 3 00 •51114ar 1 LIME11[MRr IEI1 M• It 112-41 MUD a• 6.00 5.m 6 00 --Ya - Ping 10 rh Wer. rm. o.ea C@ .-.a...av�.e1..... w wa 11N0.Aa1 -6101, wL^xg•� u.. 1 iM •S.N11M uyIi ,L[ e_ • PrW 1M J.`.miga •RK .x evroa L:G..n:P \, 041.m *00 _ '9 ALL 810.04 ROAD� .1' L . a n ,-CL N4111166 CC 111.4..E ,500 2 a 400 - 4.00 -_ - 5100 __-_--- .'w 1•'><' • r;� rr •4ol , �,�. .n. 1" �15 ]0 10 Xb CV {li e_.S IIIN -''4 0 w .. o x1 _ ° LLI, --.... -5 �i g1..14 r a.1r +. firErtat rrTU [ - 5041144. rvEa IIK •L l 1 MPMet —i— 1 61 Exhibit 3 Page 3 of 5 Mee IMP SIP Pea alePerip sr nova .1 Kemp • 1=47 gpippop IPPN Pt. PPP PP PP ESTIMATE SUMMARY PP OK Mil ee PAPP IP •Pg PliPMPIN PAPP IMO PP Pee I•eabiga PO IP Ng liggiglaf PI 5L� SEBWENI.TIBN SCREEN RNC( imp pep MVP le PP Ire Pa ON Mama P We IP PP Pug NM PP pee. 10.1.1•111i pia •IPPL Pap! IS Me migi OPP Mfg PPIPPega IP Ningegaisli IMP MO gegeargen C ,�y, sE ,..P i N ..o w . CL MCIII/ST Pn�trttM PRFYEi1i 1IN bTFC V a sinal PwBT S▪ I'"''Siw`T wu^Iwu:"w 8.n �" m�'iliw:Ra�ov.u. • ":•••• n?: wIM"te OW= r TTPICb CFFT up,n a.o STABILIZED CEINSTRUCTIM ENTRANCE BASS .NO .EiS11 DaGriEEBMG n y m n.l, 11116 ?WM i..�i1� .fai1.N rLI.NPOY D PRKto 11 CORPUS EIS EES 1 ix SI m...ro1 Kurta BE.omoN or* w1. pT...TE S.WWf, un a.sE 10.3 Owe 35.11/100•29 51 aRtf Exhibit 3 Page 4 of 5 Tetr.T.r. el FTWAtV..4.1: ZAMA:al: VI., JVPrAll rrin4 - PI(FIR,FQ rnuranrr1 I1I1 ra cam AT A, OE PRI,POSPII Sin P1:r. TYPICAL STREET SECTION - bO ROW Lar_sAxemser. .(4). :1;4%7; • " " '""a" ROZ-ICC SCR SUPPORT ASSFMBLY DEO& - END OF RON) BARRICADE INSFALLSRQH (FRE 04 - AR ()N(U MARKERS) oas VOIATIC S1SN rark.44ast DV,. (A) POIKOC 9.01 501.1).(( IKSULIATION ••• Dir,Akr.111,11.^.. otaa.-SadoNessom.r. " .U'701411.1..0020130 MSS AO rasa Now..., .157Parni t -it 7,1 1=0.. SMUT MAP. rIIs1l routec (71 SIAM Sao STERALK 00.119 AAA maz ca. P(A. •AA -AA -=.)-- 9.2,9_ Exhibit 3 Page 5 of 5— Vargo Plumbing Fred Vargas RM 40594 1541 Clodah Dr, Corpus Christi Exhibit 4 Page 1 of 3 Grange Park Unit 1 Qty Cost Total Street and Surface Items 1. 6" Curb and Gutter 2650 LF $10.13 26840 2. 2" HMAC 3672 SY $15.50 56760 3. 6" Crushed Limestone Base to 2' BC 5757 SY $11.50 65940 4. 1-1/2 " HMC 907 SY $12.00 10878 8" Lime Stabalized subgrade to 2' BC 5757 SY $4.12 23700 6. Excavation 1 LS 33345 7. Clearing and Grubbing 1 LS 25760 8. Street signs 2 EA $600 12000 9.4' Concrete Walk 11888 SF 52840 308063 308063 Linear Park Items 1. 10° Concrete Walk 6850 $3.80 26000 2.Clearing and Grubbing and Earthwork 1 EA 15000 41000 41000 Service Storm Sewer Items 1. 15" RCP 135 LF $29.00 3921 2. 18" RCP 633 LF $31.70 20044 3. 24' RCP 270 LF $33.43 9026 4. 30" RCP 199 LF $52.25 10395 5. 5' inlet 4 EA $2,490 9960 6. Manhole 2 EA $2,800 5602 7.R/C End of Pipe structure in Ditch 1 EA 2614 61562 61562 Sanitary Sewer Onsite 1. 8" PVC Pipe 872 LF $31.18 27187 2. 10" PVC Pipe 793 LF $36.20 28710 3. FG Manhole 4' Dia 7 EA $4,132 28927 4. 4" PVC 52 EA $452 23490 108314 108314 Sanitary Sewer Trunk Main Items Exhibit 4 Page 1 of 3 Exhibit 4 Page 2 of 3 1. 15" Pipe Connection at Lift Station 1 LS 12000 2. 15 " PVC Pipe 633 LF $230 145590 3. Dewatering for 15 " Pipe 633 LF $44 27852 4. Crushed Stone Embedment for 15" P 633 LF 520 12660 5. Pavement Patching 900 SY $30 27000 6. 5' Dia FO Manhole 3 EA $14,000 42000 7. 8" PVC Drop Connection 1 LS $5,000 5000 8. Traffic Control During Construction 1 LS 3500 9. Trench Safety For SS Trunk 633 LF 513 8229 283831 283831 Onsite water Items 1. 6" PVC Pipe 1365 LF $17.25 23568 2. 12 " Tapping Saddle 1 EA 3375 3. 6" Cap Tappd for 2" 1 EA 900 4. 6" Gate Valve w/box 5 EA 5754 3768 5. 6"90 EL 2 EA $281 562 6. 6" Tee 2 EA $281 562 7. 6" Dia x 3 PVC Pipe Nipple 6 EA $183 1100 8. Fire Hydrant Assembly 2 EA $3,178 6356 9. 2" HDPE Pipe 270 LF $7.60 2025 10. 2' Double Strap Connecton w/2" 2 EA $281 562 11. Water Service Single 4 EA $435.75 1743 12. Water Service Double 24 EA $468.75 11250 55771 55771 12" Grid Main Water Items 1. 12" PVC Pipe 350 LF 560 21000 2. 12" Tee 2 EA $1,500 3000 3. 12" 90 EL 1 EA 950 4. 12" Cap Tapped for 2" 1 EA 850 5. 12" Gate Valve w/box 1 EA 2950 6. Traffic Control During Construction 1 LS 3000 31750 31750 Miscellaneous Onsite Items 1. Traffic Control and Barricading 1 LS 2268 Planning and Permitting 2. Trench Safety and Excavations 2910 LF 51.51 4401 3.Remove and Relocate P Pole and G Wire 1 LS 6817 13486 13486 903777 Exhibit 4 Page 2 of 3 NIXON M. WELSH, P.E., R.P.L.S. Email: NixMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 GRANGE PARK UNIT 1 12" GRID MAIN COST ESTIMATE 04/22/15 3054 S. Alameda St. 361 882-5521- FAX 361 882-1265 ITEM PRELIMINARY COST ESTIMATE QUANTITY UNIT UNIT PRICE AMOUNT 12" GRID MAIN WATER ITEMS 1 12" PVC PIPE 350 LF 60.00 21,000.00 2 12" TEE 2 EA 1,500.00 3,000.00 3 12" 90° EL 1 EA 950.00 950.00 4 12" CAP TAPPED FOR 2" 1 EA 850.00 850.00 5 12" GATE VALVE W/BOX 1 EA 2,950.00 2,950.00 6 TRAFFIC CONTROL AND BARRICADING PLAN AND PERMITTING (TRAFFIC CONTROL DURING CONSTRUCTION) FOR 12" WTR 1 LS 3,000.00 3,000.00 SUBTOTAL 11% ENGINEERING, SURVEYING & TESTING SUBTOTAL LESS WATER DISTRIBUTION SYSTEM LOT FEE TOTAL AMOUNT REIMBURSEABLE 31,750.00 3,492.50 35,242.50 -18,668.00 $16,574.50 Exhibit 4 Page 3 of 3 INSURANCE REQUIREMENTS I. 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 Business Auto 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 certificates or by policy endorsement(s) Bodily injury and Property Damage Per Occurrence / aggregate COMMERCIAL GENERAL LIABILITY 1. Broad Form 2. Premises — Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8. Professional Liability (if applicable) 9. Underground Hazard (if applicable) 10. Environmental (if applicable) $1,000,000 Per Occurrence $2,000,000 Aggregate BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned 3. Rented & Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION (for paid employees) EMPLOYER'S LIABILITY Which Complies With The Texas Workers' Compensation Act And Paragraph II Of This Exhibit. $500,000 / $500,000 / $500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for all perils. 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. Exhibit 5 Page 1 of 3 II. 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. An "All States endorsement shall be included for Companies not domiciled in Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit 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 (361) 826-4555- Fax # D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, or comparable policy language, as respects to operations, completed operations and activities of, or on behalf of, the named insured performed under contract with the City. • 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. 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. Exhibit 5 Page 2 of 3 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 and completed operations and activities under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Exhibit 5 Page 3 of 3 City or Corpus Christi. Texas Department of Development Services City of�is �" as Corpus Christi, re78469 4277 Texas 7 COITUS Located (361)826-3240 at 2406 L pard Stied s CLLR 1S Lc (CmnerorLeopard St. and Port Ave.! DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: STREET: FIRM is: Btorporation CITY: ,• aA ZIP: n `Y ❑ Other ❑ Partnership ❑ Sole Owner 0 Association DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) 2. State the names of each 'official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm", Name Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: (Print) Signature of Certifying Person. K.IDEVELOPMEN1SVCSSHARED1?SND DINE Lona NTO .. ANCE AD STATEMENT1 27 12 DOC Title: Pre,c 44 Date: 1CATION FORMSIFORMS AS PER LEGAL52OITDISCI O URE 1NTERESIS Page 1 of Exhibit 6 DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. KIDEVEWPMENTSVCSLSUAREDNLANO DEVELOPMENrORDINANCE ADMINISfRATIONIAFFLICATION FORMSIFORMS AS PER LEGAL570121OISCWSURE OF INTERESTS SrATEMENr12712DOC Pa e 2 of 2 Exhibit 6 9 City of PI Corpus Christi bwolitimowilwoo DISCLOSURE OF INTERESTS City or Corpus Christi, Texas Depanment of Development Services P O Box 9277 Corpus Chnsti. Texas 78469.9277 (361)826.3240 Located at 2406 Leopard Street (Comer of Leopard St and Pon Ave ) City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. if the question is not applicable, answer with" withAel k NAME: -k Irta LA % FCA r + STREET: L4I e- Li f, are Clef j . oat ZIP: ii -T FIRM is: Morporation 0 Partnership 0 Sole Owner 0 Association ❑ Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) 114W _ 2. State the names of each `official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: ! 1!1.- rural Title; later (Print) , Signature of Certifying Person: /42 / tel . Date: S1L., + 5 K1DEVELOPAIENTSVCS'S1trtREDLAND DEVELOPMENTORDINANCE ADMT1ISTRATIONAPPLICATUON FORMS.FORAIS AS PER LEOAL20I2 DISCLOSURE OF INTERESTS Page 1 of 2 STATEMENT] .27 12. DOC Exhibit 6 DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f, "Consultant-. Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. K WEVELOPAIENTSVCS'SHAREDLAND DEVELOP5tENTORDINANCE ADSIINISTRATIOMAPPLICATIONFOR5IS'FOR .lS AS PER LEGALL0I2'DISCLOSURE OF INTERESTS STATEMENT! 27 l2 DOC Pa e 2 of 2 Exhibit 6 9 GRANGE PARK UNIT 1 AERIAL OVERVIEW MAP AGENDA MEMORANDUM Future Agenda Item for the City Council Meeting of June 9, 2015 Action Item for the City Council Meeting of June 16, 2015 DATE: April 7, 2015 TO: Ronald L. Olson, City Manager FROM: Wes Pierson, ACM — General Operations and Support WesP@cctexas.com (361) 826-3082 Ordinance Amending City Code of Ordinances Regarding Island Strategic Action Committee Election of Officers CAPTION: Ordinance Amending City Code of Ordinances "the Code" Regarding Island Strategic Action Committee (ISAC) Election of Officers. PURPOSE: To approve Ordinance Amending the Code Regarding ISAC Election of Officers. BACKGROUND AND FINDINGS: In February 2010, the City Council amended Article IV. Miscellaneous Boards, Commissions, and Committees; Chapter 2- Administration; Code of Ordinances by adding a new Division 29 to establish the Island Strategic Action Committee. Sec. 2-294 "Quorum; procedures; officers; staff liaison, meeting; subcommittees" provides: (c) At the first meeting after creation of the action committee, a majority of the whole action committee shall elect a chair and vice -chair to serve during the initial two-year term. Thereafter, the chair and vice -chair shall be elected by a majority of the whole action committee to serve one-year terms. Following the initial election, subsequent elections for chair and vice -chair shall be held each year at the first regular meeting after appointments to fill expiring terms. Recently, four (4) ISAC voting committee members resigned or reached his or her term limitations. With a board of 13 members, four (4) members constitutes 31% of the membership. Four (4) new members were appointed to the ISAC on March 24, 2015. Per Sec. 2-294 of the Code, the Committee is directed to select a new chair and vice- chair from among its nine (9) incumbents and four (4) newly appointed members "at the first regular meeting after appointments to fill expiring terms." Generally, member's terms expire in March and officer elections take place annually in April. At the March 2015 ISAC meeting, the committee moved to propose an amendment to Ordinance No. 028488. The amendment will move the language governing the selection of the chair and vice chair from the ordinance to the committee by-laws. This will allow the committee to determine when to select their leaders, effectively allowing newly appointed members the opportunity to become familiar with their peers on the ISAC for nine (9) months before voting in an election for chair and vice -chair. The ISAC voting schedule is as follows: Month/Year Officer Term Ends April 2015 Chair and Vice -Chair December 2015 December 2015 Chair and Vice -Chair December 2016* April 2016* Chair and Vice -Chair December 2016 December 2016 Chair and Vice -Chair December 2017 *In the event that one of the six (6) members whose term expires in March 2016 is elected as an officer in December 2016, an election will take place in April 2016 to elect an officer for the completion of expiring officer's one-year term. ALTERNATIVES: Make no changes to ordinance; leave ordinance as is. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital x Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends approving this resolution. LIST OF SUPPORTING DOCUMENTS: Ordinance Red -Line Ordinance Ordinance amending City Code of Ordinances regarding Island Strategic Action Committee election of officers NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That Chapter 2 of the City Code of Ordinances, Article IV, Division 29, Section 2-294 is amended regarding Island Strategic Action Committee, by deleting the redlined struck through text, and adding the underlined text, as follows: "DIVISION 29. - ISLAND STRATEGIC ACTION COMMITTEE Sec. 2-291. - Created; purpose. The Island Strategic Action Committee is created to advise the mayor and city council on development and implementation of the Mustang -Padre Island Area Development Plan. (Ord. No. 028488, § 1, 2-16-2010) Sec. 2-292. - Duties. (a) The Island Strategic Action Committee shall develop specific strategies for implementation of the Mustang -Padre Island Area Development Plan with specific timelines to implement the respective strategies and a clear determination of which agency or individual is responsible to implement specific projects or programs. (b) The highest priority projects for the Island Strategic Action Committee include, but are not limited to: (1) Recommending appropriate Mustang -Padre Island Area Development Plan projects for inclusion in the next city bond program. (2) Recommending implementation of sustainable new or additional funding sources for the Mustang -Padre Island Area, i.e., tax increment reinvestment zones, public improvement districts, municipal management districts, or other mechanisms to fund projects. (3) Provide annual input into the city's capital improvements program. (4) Recommend state legislation pertaining to island concerns. (Ord. No. 028488, § 1, 2-16-2010) Sec. 2-293. - Membership; terms; filling vacancies; ex -officio members. (a) The Island Strategic Action Committee shall consist of thirteen (13) members appointed by city council. The membership must include: (1) A member of the Padre Isles Property Owners Association, who has been nominated by the association. (2) A residential property owner who owns property and resides on Mustang or Padre Island. (3) A commercial property owner who owns property and operates a business on Mustang or Padre Island. (4) A developer of property on Mustang or Padre Island. (5) A member of the Padre Island Business Association, who has been nominated by the association. (6) An architect or professional engineer, who does work on projects on Mustang or Padre Islands. Page 1 (7) A realtor, who primarily represents buyers or seller of property on Mustang or Padre Islands. (8) A construction contractor, who primarily works on projects on Mustang or Padre Islands. (9) A representative of an environmental group. (10) Four (4) at large representatives who are residents of the city. (b) Not less than twelve (12) members of the action committee must reside or own property on Mustang or Padre Island. One (1) of the at large representatives may, but is not required to, reside on Mustang or Padre Island. (c) Notwithstanding the requirement in section 2-65, the city council may appoint not more than four (4) members of the action committee who do not reside within the city if they own or represent the owner of property on Mustang or Padre Islands. (d) Of the initial members, seven (7) members shall serve a three-year term and six (6) members shall serve a two-year term, as determined by a drawing to be conducted by the city secretary's office. Thereafter, all terms shall be three (3) years. (e) In the event a vacancy occurs during any term, the appointment of a new member shall be to fill the unexpired term. The assistant city manager, development services and director, economic development serve as ex - officio members of the action committee without vote. (f) (g) The following organizations may appoint a representative to serve as an ex -officio advisory member of the action committee without vote: (1) Planning Commission. (2) Watershore and Beach Advisory Committee. (3) Park and Recreation Advisory Committee. (4) Nueces County. (5) Nueces County Water Control and Improvement District No. 4. (6) Corpus Christi Convention and Visitors Bureau. (Ord. No. 028488, § 1, 2-16-2010) Sec. 2-294. - Quorum; procedures; officers; staff liaison, meetings; subcommittees. (a) The majority of members constitute a quorum, provided that the majority vote of the quorum is necessary for the adoption or approval of any matters before the action committee. (b) The action committee may adopt its own rules of procedure for the conduct of its business and may amend the rules from time to time. A copy of the adopted rules of procedure must be placed on file in the city secretary's office. (c) At the first meeting after creation of the action committee, a majority of the whole action committee shall elect a chair and vice -chair to serve during the initial two-year term. Thereafter, the chair and vice -chair shall be elected by a majority of the whole action committee to serve one-year terms. Following the initial election, subsequent elections for chair and vice -chair shall be held eac-h-year-at the first regular meeting after appointments to fill expiring terms in accordance with the adopted rules of procedure. (d) The director, economic development, or designated representative, serves as the staff liaison and assist with the action committee with its duties. (e) The action committee shall meet at least once a quarter and may meet on the call of the chair or of a majority of its members. Page 2 (f) The chair of the action committee, with the approval of the action committee, may establish such subcommittees as may be necessary or appropriate to assist the action committee in its studies and in the performance of its duties. Members of subcommittees may be appointed from among members of the action committee; ex -officio advisory members; Mustang or Padre Island residents, who reside in Corpus Christi; Mustang or Padre Island property owners, who reside in Corpus Christi; and Mustang or Padre Island business owners, who reside in Corpus Christi. (Ord. No. 028488, § 1, 2-16-2010) SECTION 2. In the event of any conflict between any other ordinances and the changes made by this Ordinance, the provisions of this Ordinance shall control with respect to the Island Strategic Action Committee. This ordinance takes effect upon final City Council approval That the foregoing ordinance was read for the first time and passed to its second reading on this the day of Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas , 2015, by the following vote: Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn That the foregoing ordinance was read for the second time and passed finally on this the day of , 2015, by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn PASSED AND APPROVED, this the day of , 2015. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Page 3 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 9, 2015 Action Item for the City Council Meeting of June 16, 2015 DATE: June 9, 2015 TO: Ronald L. Olson, City Manager FROM: Gabriel Maldonado, Interim Procurement Manager gabrielm@cctexas.com (361) 826-3169 Mike Markle, Interim Chief of Police mikema@cctexas.com (361) 886-2601 Purchase of Taser Equipment CAPTION: Motion approving the purchase of forty Taser non -lethal weapons with ancillary equipment for the Corpus Christi Police Department in the amount of $60,736.40 from TASER International, Inc., Scottsdale, Arizona based on sole source. Funds have been budgeted by the Police Department in FY 2014-2015. PURPOSE: Approval to purchase forty Taser non -lethal weapons with ancillary equipment. BACKGROUND AND FINDINGS: The use of the Taser Conducted Energy Device (CED) is intended to control a violent or potentially violent individual, while minimizing the risk of serious injury. The appropriate use of such a device results in fewer serious injuries to officers and subjects. Only officers who have successfully completed the CCPD -approved training may be issued and carry the Taser CED. TASER International, Inc. is the sole source manufacturer of TASER brand products. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Police Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $122,072.50 $0.00 $122,072.50 Encumbered / Expended Amount $54,209.95 $0.00 $54,209.95 This item $60,736.40 $0.00 $60,736.40 BALANCE $7,126.15 $0.00 $7,126.15 Fund(s): Crime Control Fund No. 9010 Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet. CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ ITEM DESCRIPTION QTY. PRICE SHEET SOLE SOURCE TASER EQUIPMENT UNIT TASER International, Inc. Scottsdale, Arizona UNIT TOTAL PRICE PRICE 1 Taser, yellow, #X28P, with ancillary equipment and 4 -year warranty 40 each $1,518.41 $60,736.40 TOTAL: $60,736.40 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 9, 2015 Action Item for the City Council Meeting of June 16, 2015 DATE: June 9, 2015 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Gabriel Maldonado, Interim Procurement Manager gabrielm@cctexas.com (361) 826-3169 Purchase of Breathing Apparatus CAPTION: Motion approving the purchase of twenty (20) Breathing Apparatus for the Corpus Christi Fire Department in the amount of $103,836.00 from Municipal Emergency Services, Inc., Houston, TX. The award is based on the cooperative purchasing agreement with the Houston -Galveston Area Council of Governments (HGAC). Funds are available through the General Fund. PURPOSE: This equipment will be used by Firefighters in their daily duties throughout the City. BACKGROUND AND FINDINGS: This purchase of Breathing Apparatus will replace Breathing Apparatus that no longer meet current NFPA 1981 Standards and are too costly to upgrade, repair and maintain. The Breathing Apparatus shall also include SEMS II, Pak Tracker, EBSS (Emergency Breathing Safety System) and (2) quick connect regulators per Breathing Apparatus. 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: Fire Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $605,895.01 $0.00 $605,895.01 Encumbered / Expended Amount $274,115.16 $0.00 $274,115.16 This item $103,836.00 $0.00 $103,836.00 BALANCE $227,943.85 $0.00 $227,943.85 Fund(s): General Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet. CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ ITEM 1. DESCRIPTION PRICE SHEET HGAC CONTRACT NO. EE08-13 PURCHASE OF BREATHING APPARATUS Scott AP75, QD Regulator, Dual EBSS, SEMS II, PT QTY. 20 Municipal Emergency Services, Inc. Houston, TX UNIT each UNIT PRICE $5,191.80 EXTENDED PRICE $103,836.00 TOTAL: $103,836.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 9, 2015 Action Item for the City Council Meeting of June 16, 2015 DATE: TO: June 9, 2015 Ronald L. Olson, City Manager FROM: Gabriel Maldonado, Interim Procurement Manager gabrielm@cctexas.com (361) 826-3169 Mark Van Vleck, P.E., Executive Director of Utilities Department markvv@cctexas.com (361) 826-1874 Purchase of Actuators CAPTION: Motion approving the purchase of four actuators from Rexa, Inc., of West Bridgewater, Massachusetts based on sole source for a total amount of $142,400.00. Funds have been budgeted by the Utilities Department in FY 2014-2015. PURPOSE: This is a motion to approve the purchase of four actuators. BACKGROUND AND FINDINGS: The actuators will be used on the raw water valves at the O.N. Stevens Water Filtration Plant. The new actuators will be electric hydraulic and will replace the existing pneumatic actuators which are 50-60 years old and have reached the end of their service life. 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 Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $317,140.00 $0 $317,140.00 Encumbered / Expended Amount $88,812.38 $0 $88,812.38 This item $142,400.00 $0 $142,400.00 BALANCE $85,927.62 $85,927.62 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 ACTUATORS ITEM DESCRIPTION QTY. UNIT Rexa, Inc. W. Bridgewater, MA UNIT TOTAL PRICE PRICE 1 Rexa actuator, model #X2R100,000-90-1/2D-P 4 each $35,600.00 $142,400.00 TOTAL: $142,400.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 9, 2015 Action Item for the City Council Meeting of June 16, 2015 DATE: June 9, 2015 TO: Ronald L. Olson, City Manager FROM: Gabriel Maldonado, Interim Procurement Manager gabrielm@cctexas.com 361-826-3169 Robert Rocha, Fire Chief rrocha@cctexas.com 361-826-3932 Firefighting Clothing CAPTION: Motion approving a supply agreement with Casco Industries Inc., Houston, Texas for firefighting clothing consisting of ninety sets of pants and coats, based on only bid, in accordance with Bid Event No. 6 for an estimated annual expenditure of $159,915.60 of which $53,305.20 is required for the remainder of FY2014 - 2015. The term of the agreement will be for twelve (12) months with an option 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 Fire Department in FY 2014-2015. PURPOSE: The firefighting clothing is worn by City Firefighters for protection against fire and heat. BACKGROUND AND FINDINGS: The Fire Department has standardized on Globe Firefighter clothing. They have been utilizing this type of firefighter clothing for the past eighteen (18) years. It has withstood the test of time and holds up well under field conditions. Standardization allows the department to inventory spare suits and clothing accessories for interchangeability of torn or damaged suits. The clothing is manufactured utilizing the highest quality and safety standards available on the market. Casco Industries Inc., Houston, Texas is the exclusive dealer in Texas, representing Globe Firefighters Suits. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY / NON -EMERGENCY: Non -Emergency. DEPARTMENTAL CLEARANCES: Fire Department FINANCIAL IMPACT: Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $605,895.01 $106,610.40 $712,505.41 Encumbered / Expended Amount $274,115.16 $274,115.16 This item $53,305.20 $106,610.40 $159,915.60 BALANCE $278,474.65 $278,474.65 Fund(s): General Fund Comments: The $53,305.20 financial impact shown above represents four (4) months of expenditures that will be encumbered through the end of FY2014 - 2015. The remaining $106,610.40 for the last eight (8) months of the contract will be requested for FY2015 - 2016 during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation FIREFIGHTING CLOTHING CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROLANDO GALVAN BID TABULATION FIREFIGHTING CLOTHING Bid Event No. 6 CASCO INDUSTRIES HOUSTON, TEXAS Item Description 1 Turnout Coat 2 Turnout Pant Total Qty. Unit Price Extended Price 90 90 $1,022.83 $92,054.70 $754.01 $67,860.90 $159,915.60 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 9, 2015 Action Item for the City Council Meeting of June 16, 2015 DATE: TO: June 9, 2015 Ronald L. Olson, City Manager FROM: Gabriel Maldonado, Interim Procurement Manager gabrielm@cctexas.com (361) 826-3169 Andres Leal, Jr., P.E., Interim Director of Street Operations andyl@cctexas.com (361) 857-1957 Supply Agreement for Cold Laid Asphalt & Pre -coated Aggregate CAPTION: Motion approving a supply agreement with Vulcan Construction Materials, San Antonio, Texas, for approximately 8,000 tons of cold mix -cold laid asphalt and approximately 2,000 tons of pre -coated aggregate, in accordance with Bid Event No. 16 based on only bid for an estimated annual expenditure of $695,900 of which $231,966.66 is required for FY 2014 — 2015. The term of the contract will be for twelve (12) months with an option to extend for up to two (2) additional twelve month periods subject to the approval of the supplier and the City Manager or his designee. Funds are available in the Material Inventory Fund by the Street Operations Department in FY 2014 — 2015. PURPOSE: Pre -coated aggregate is used with liquid asphalt binder to seal coat streets, which extends the life of the riding surface. Cold mix -cold laid asphalt is used to repair streets after utility cuts are made by the Utility Departments. The Street Department uses the material as an overlay and as an alternate patching material when regular hot mix asphalt is not available. BACKGROUND AND FINDINGS: None. 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: Street Operations Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $231,966.66 $463,983.34 $695,950.00 Encumbered / Expended Amount 0.00 0.00 0.00 This item $231,966.66 $463,983.34 $695,950.00 BALANCE 0.00 0.00 0.00 Fund(s): Streets Fund Comments: The $231,966.66 financial impact shown above represents four (4) months of expenditures that will be encumbered through the end of this fiscal year. The remaining $463,983.34 for the last eight (8) months of the contract will be requested during the normal FY 2015-2016 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Bid Event No.: 16 Cold Mix - Cold Laid Asphalt & Pre -Coated Aggregate Buyer: Rolando Galvan ITEM DESCRIPTION QTY. UNIT CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION VULCAN CONSTRUCTION MATERIALS SAN ANTONIO, TEXAS 1. Cold Mix - Cold Laid Asphalt, Type B, Item 330 Truck delivery to the Holly Road stock pile 2. Pre -Coated Aggregate, Grade 4 modified, minimum polish value of 30. Truck delivery to Holly Road stock pile Total 8,000 2,000 Ton Ton Unit Price $72.79 $56.79 Extended Price $582,320.00 $113,580.00 $695,900.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 9, 2015 Action Item for the City Council Meeting June 16, 2015 DATE: TO: FROM: June 9, 2015 Ronald L. Olson, City Manager Gabriel Maldonado, Interim Procurement Manager gabrielm@cctexas.com (361) 826-3169 Andres Leal, Jr., P.E., Interim Director of Street Operations andyl@cctexas.com (361) 857-1957 Supply Agreement for Hot Mix Asphalt CAPTION: Motion approving supply agreements with the following suppliers for the following amounts for hot mix asphalt, based on lowest responsible bid, awarding primary and secondary agreements, in accordance with Bid Event No. 5 for an estimated semi- annual expenditure of $989,085 of which $659,390 is required for FY 2014-2015. The term of the agreements shall be for six months with options to extend for up to five additional six month periods, subject to the approval of the suppliers and the City Manager or designee. Funds have been budgeted by Street Services in FY 2014-2015. HAC MATERIALS, LTD. Corpus Christi, Texas $936,937.50 Primary Supplier Bay, LTD. Corpus Christi, Texas $52,147.50 Secondary Supplier Grand Total: $989,085.00 PURPOSE: This commodity is used by Street Services for the repair of City Streets. BACKGROUND AND FINDINGS: Bid Event No. 5 indicated a primary and secondary award would be established to provide for a backup supplier to the contract in the event the primary supplier is unable to provide product. An estimated 95/5 percentage split is projected to be purchased from each of the suppliers. ALTERNATIVES: Bids received from HAC Materials, Ltd., and Bay, Ltd., and meet all of the City's bid requirements. HAC Materials, Ltd., submitted the lowest price and is therefore recommended as primary supplier. Bay, Ltd submitted the second lowest price and is recommended as secondary supplier. 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: Street Operations FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,823,714.21 $329,695.00 $2,153,409.21 Encumbered / Expended Amount $695,271.25 0.00 $695,271.25 This item $659,390.00 $329,695.00 $989,085.00 BALANCE $469,052.96 $0.00 $469,052.96 Fund(s): General Fund and Street Fund Comments: The $659,390.00 financial impact shown above represents four (4) months of expenditures that will be encumbered through the end of this fiscal year. The remaining $329,695.00 for the last two (2) months of the contract will be requested during the normal FY 2015-2016 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION BUYER: GABRIEL MALDONADO BID EVENT NO. 5 HOT MIX ASPHALT - TYPE D BID TABULATION EVENT NO. 5 Primary Supplier Secondary Supplier Award Total: Grand Total: $936,937.50 $989,085.00 $52,147.50 The Bid Event No. 5 indicated a primary and secondary award would be established to provide for a backup supplier to the contract. An estimated 95/5 percentage split is projected to be purchased from each of the suppliers. HAC Materials LTD. Corpus Christi, Tx Bay, LTD. Corpus Christi, Tx UNIT EXTENDED UNIT EXTENDED ITEM DESCRIPTION QTY UNIT PRICE PRICE PRICE PRICE 1 Hot Mix Asphaltic Concrete Pavement Item 14,250 Ton $65.75 $936,937.50 340, PG 64-22, Type D, supplied with an anti -stripping agent. Monday thru Friday 2 Hot Mix Asphaltic Concrete Pavement Item 750 Ton $69.53 $52,147.50 340, PG 64-22, Type D, supplied with an anti -stripping agent. Monday thru Friday Award Total: Grand Total: $936,937.50 $989,085.00 $52,147.50 The Bid Event No. 5 indicated a primary and secondary award would be established to provide for a backup supplier to the contract. An estimated 95/5 percentage split is projected to be purchased from each of the suppliers. AGENDA MEMORANDUM Future Item for the City Council Meeting of June 9, 2015 Action Item for the City Council Meeting of June 16, 2015 DATE: TO: June 9, 2015 Ronald L. Olson, City Manager FROM: Gabriel Maldonado, Interim Procurement Manager gabrielm@cctexas.com (361) 826-3169 Andres Leal, Jr., P.E., Interim Director of Street Operations andyl@cctexas.com (361) 857-1957 Supply Agreement for Crushed Limestone CAPTION: Motion approving a Supply Agreement with Vulcan Construction Materials, San Antonio, Texas, for approximately 16,000 tons of crushed limestone in accordance with Bid Event No. 15 based on low responsible bid, for an estimated annual expenditure of $348,000 of which $100,000 is required for FY 2014 - 2015. The term of the contract will be for twelve months with an option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or his designee. Funds are available in the Material Inventory Fund by the Street Operations Department in FY 2014 — 2015. PURPOSE: The crushed limestone base will be used by the participating departments as a subsurface foundation for street maintenance and repair. BACKGROUND AND FINDINGS: None. 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: Street Operations Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fund(s): Streets Fund, Storm Water Fund Comments: The $100,000 financial impact shown above represents four months of expenditures that will be encumbered through the end of this fiscal year. The remaining $248,000 for the last eight months of the contract will be requested during the normal FY 2015-2016 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Project to Date Fiscal Year: 2014- Expenditures Current 2015 (CIP only) Year Future Years TOTALS Line Item Budget $448,746.00 $248,000.00 $696,746.00 Encumbered / Expended Amount $173,833.75 $173,833.75 This item $100,000.00 $248,000.00 $348,000.00 BALANCE $174,912.25 $174,912.25 Fund(s): Streets Fund, Storm Water Fund Comments: The $100,000 financial impact shown above represents four months of expenditures that will be encumbered through the end of this fiscal year. The remaining $248,000 for the last eight months of the contract will be requested during the normal FY 2015-2016 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GABRIEL MALDONADO BID TABULATION EVENT 15 CRUSHED LIMESTONE BASE TOTAL $348,000.00 $364,000.00 Vulcan Construction Materials LP San Antonio, TX Martin Marietta Materials San Antonio, TX Item Description Qty. Unit Unit Price Extended Price Unit Price Extended Price 1.0 Crushed Limestone Base, Item 247, Type A, Grade 1, City waives the Triaxial Class 1, TX DOT D2 on City Spec.1070: 16,000 Ton 21.75 $348,000.00 22.75 $364,000.00 TOTAL $348,000.00 $364,000.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 9, 2015 Action Item for the City Council Meeting of June 16, 2015 DATE: TO: June 9, 2015 Ronald L. Olson, City Manager FROM: Gabriel Maldonado, Interim Procurement Manager gabrielm@cctexas.com (361) 826-3169 Fred Segundo, Director of Aviation freds@cctexas.com (361) 289-0171 x1266 Carlos Gonzalez, Director of Facilities & Property Management carlosg2@cctexas.com (361) 826-3567 Service Agreements for Custodial Services CAPTION: Motion approving service agreements for custodial services for Aviation and City Hall with the following companies for the following amounts in accordance with Bid Event No. 29, based on lowest responsible bid for an estimated annual expenditure of $251,039.04, of which $83,679.68 is required for the remainder of FY 2014-2015. 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 Aviation and Facilities & Property Management Departments in FY 2014-2015. ABM Janitorial Services ISS Facility Services, Inc. Corpus Christi, TX Corpus Christi, TX Aviation City Hall $141,119.04 $109,920.00 Grand Total $251,039.04 PURPOSE: Approval to establish service agreements for custodial services for Aviation and City Hall. BACKGROUND AND FINDINGS: Nightly custodial services will be performed at specified times for Aviation seven (7) days a week and after normal business hours Monday through Friday for City Hall. 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: Aviation and Facilities & Property Management FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $315,526.24 $167,359.36 $482,885.60 Encumbered / Expended Amount $76,311.09 0 $76,311.09 This item $83,679.68 $167,359.36 $251,039.04 BALANCE $155,535.47 0 $155,535.47 Fund(s): Airport and Facilities & Property Management Funds Comments: The $83,679.68 financial impact shown above represents four months of expenditures that will be encumbered through the end of this fiscal year. The remaining $167,359.36 will be requested during the normal FY 2015-2016 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement CITY OF CORPUS CHRISTI PURCHASING DIVISION SENIOR BUYER: JEANNETTE P. TIJERINA 1.1 Custodial Service for City Hall 1.5 Custodial Service for Aviation BID TABULATION BID EVENT 29 CUSTODIAL SERVICES ISS Facility Services, Inc. Corpus Christi, Texas ABM Janitorial Services Corpus Christi, Texas Janie B. Klein Corpus Christi, Texas Texas Mint Commercial Washing Sugarland, Texas GMAN Construction, LLC Corpus Christi, Texas $9,160.00 $109.920.00 $10 960.36 $131,524.32 11,759.92 $141,119.04 $12,500.00 $150,000.00 12,300.00 147,600.00 $13,410.00 $160,920.00 15,495.83 185,949.96 $25,195.00 $302,340.00 13,101.00 157,212.00 No Bid No Bid Subtotal: $109.920.00 Grand Total Award: $251,039.04 $141,119.04 SERVICE AGREEMENT FOR CUSTODIAL SERVICES Service Agreement No. THIS Custodial Services Agreement (this "Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), acting by and through its City Manager or his designee ("City Manager"), and ABM Janitorial Services - South ("Contractor"), effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Custodial Services in response to Event No. 29, which includes Specification 1088; 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 in accordance with Event No. 29, which includes Specification 1088 ("Services'. f. which bid and related specifications, if any, are attached to this Agreement and incorporated by referenced into this Agreement as Exhibit "A". 2. Term. This Agreement is for a term of one (1) year, commencing on the date signed by the City Manager and continuing for twelve months thereafter. The term includes an option to extend for up to two (2) additionLIt one-year periods subject to the approval of the Contractor and the City Manager. 3. Payment. Payment terms are net 30 days after the goods are provided or services are completed, as required, or a correct invoice is received, whichever is later. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of the Contractor's notices and communications regarding this Agreement must be directed to the Contract Administrator, who is the Aviation Facilities Manager Contract Administrator. 5. 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 employee, agent, or representative of the Contractor be considered an employee of the City. 6. Insurance. Before Services can begin under this Agreement, the Contractor's insurance company must deliver a Certificate of Insurance as proof of the required insurance coverages to the Contract Administrator. Additionally, 'the certificate must state that the Aviation Facilities Manager Contract Administrator and the City's Risk Manager 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. 7. Assignment. No assignment of this Agreement nor any right or interest herein held by the Contractor is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is the essence of this Agreement, and the City's right to withhold consent to such assignment is within the sole discretion of the City Manager 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 each September 30th) is subject to budget approval and appropriations providing for such contract item as an expenditure in the fiscal budget. The City does not represent that a budget item for this Agreement will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each fiscal budget. 9. Waiver. No waiver by either party of any breach of any term or condition of this Agreement, or Exhibit A, or the Contractor's bid offer and response to Event No. 29, which is attached to this Agreement and incorporated into this Agreement as Exhibit "B", waives any subsequent breach of the same. 10. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. All duties of the parties will be performed in Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas, and the forum and venue for such disputes is the appropriate district or county 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 Aviation Facilities Manager 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. 12. Amendments. This Agreement may be amended only in writing and signed by persons authorized to execute the same by both parties. 13. Termination. A. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in this Agreement and its exhibits. 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 stated in the notice, the City Manager may terminate this Agreement immediately thereafter. Failure to Lep all insurance policies in force for the entire term of this Agreement is grounds for termination. B. Alternatively, the City may terminate this Agreement without cause upon twenty (20) days' advance written notice to the Contractor. However, the City may terminate this Agreement upon twenty-four (24) hours' advance written notice to the Contractor for the Contractor's failure to pay any required taxes or to provide proof of payment of taxes as set out in this Agreement. The Contractor may terminate this Agreement upon ninety (90) days' advance written notice to the City. 14. Taxes. The Contractor covenants to pay all payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other taxes in accordance with Circular E "Employer's Tax Guide", Publication 15, as it may be amended, and applicable federal and state laws. Upon request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. 15. Drug Policy. The Contractor must adopt and enforce a "Drug Free Workplace" policy. 16. Violence Po I icti . The Contractor must adopt and enforce a "Violence in the Workplace" policy. 17. Notice. Notice must be given by personal delivery, facsimile (fax), or by certified mail, postage prepaid and return receipt requested, and is deemed received on the date hand -delivered or faxed. with proof of accepted transmission, 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: Aviation Facilities Manager Contract Administrator Mario Tapia, Assistant Director of Aviation P. O. Box 9277 Corpus Christi, Texas 78469-9277 IF TO CONTRACTOR: Contractor Contact Person: Address: City, State, ZIP Fax #: ABM Janitorial Services - South Ron Peden 10521 Gulfdale St. San Antonio, TX 78216 866-502-4809 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 term or any extension period, the Contractor shall continue to provide goods/services under this Agreement at the most current price, in accordance with the terms and conditions of this Agreement or extension, on a month-to-month basis not to exceed six months. Any month-to-month provision of goods/services by the Contractor under this Agreement automatically terminates on the effective date of a new contract. 18. Severability. Each provision of this Agreement is severable and if, for any reason, any such provision or any part thereof is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 19. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH, OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT -TOT IF 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 SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF 05/14/2015 THU 17:25 FAX --- SAN ANTONIO 2002/002 May/14/2015 2:21:55 PM ABM Janitorial Services 210-737-1843 3/3 CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. CITY OF CORPUS CHRISTI Contractor: ABM Janitorial Services - South Signature: Printed Name: Ron Peden Title: $rangyMapeger Date: 3- /,(( f Gabriel Maldonado Date Interim Procurement Manager Attached and Incorporated by Reference: Exhibit A: Event No. 29 including Specification 1088 (Available upon request) Exhibit B: Bidder's Bid Offer/Response (Available upon request) SERVICE AGREEMENT FOR CUSTODIAL SERVICES Service Agreement No. THIS Custodial Services Aereement (this "Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), acting by and through its City Manager or his designee ("City Manager"), and ISS Faciltiy Services, Inc. ("Contractor"), effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Custodial Services in response to Event No. 29, which includes Specification 1088; 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 City Hall in accordance with Event No. 29, which includes Specification 1088 ("Services"), which bid and related specifications, if any, are attached to this Agreement and incorporated by referenced into this Agreement as Exhibit "A". 2. Term. This Agreement is for a term of one (1) year, commencing on the date signed by the City Manager and continuing for twelve months thereafter. The term includes an option to extend for up to two (2) additional one-year periods subject to the approval of the Contractor and the City Manager. 3. Payment. Payment terms are net 30 days after the goods are provided or services are completed, as required, or a correct invoice is received, whichever is later. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of the Contractor's notices and communications regarding this Agreement must be directed to the Contract Administrator, who is the Facilities & Property Management Contract Administrator. 5. 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 employee, agent, or representative of the Contractor be considered an employee of the City. 6. Insurance. Before Services can begin under this Agreement, the Contractor's insurance company must deliver a Certificate of Insurance as proof of the required insurance coverages to the Contract Administrator. Additionally, the certificate must state that the Facilities & Property Management Contract Administrator and the City's Risk Manager 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. 7. Assignment. No assignment of this Agreement nor any right or interest herein held by the Contractor is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is the essence of this Agreement, and the City's right to withhold consent to such assignment is within the sole discretion of the City Manager 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 each September 30th) is subject to budget approval and appropriations providing for such contract item as an expenditure in the fiscal budget. The City does not represent that a budget item for this Agreement will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each fiscal budget. 9. Waiver. No waiver by either party of any breach of any term or condition of this Agreement, or Exhibit A, or the Contractor's bid offer and response to Event No. 29, which is attached to this Agreement and incorporated into this Agreement as Exhibit "B", waives any subsequent breach of the same. 10. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. All duties of the parties will be performed in Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas, and the forum and venue for such disputes is the appropriate district or county 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 Facilities & Property Management 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. 12. Amendments. This Agreement may be amended only in writing and signed by persons authorized to execute the same by both parties. 13. Termination. A. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in this Agreement and its exhibits. 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 stated in the notice, the City Manager may terminate this Agreement immediately thereafter. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. B. Alternatively, the City may terminate this Agreement without cause upon twenty (20) days' advance written notice to the Contractor. However, the City may terminate this Agreement upon twenty-four (24) hours' advance written notice to the Contractor for the Contractor's failure to pay any required taxes or to provide proof of payment of taxes as set out in this Agreement. The Contractor may terminate this Agreement upon ninety (90) days' advance written notice to the City. 14. Taxes. The Contractor covenants to pay all payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other taxes in accordance with Circular E "Employer's Tax Guide", Publication 15, as it may be amended, and applicable federal and state laws. Upon request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. 15. Drug Policy. The Contractor must adopt and enforce a "Drug Free Workplace" policy. 16. Violence Policy. The Contractor must adopt and enforce a "Violence in the Workplace" policy. 17. Notice. Notice must be given by personal delivery, facsimile (fax), or by certified mail, postage prepaid and return receipt requested, and is deemed received on the date hand -delivered or faxed, with proof of accepted transmission, 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: Facilities & Property Management Contract Administrator P. O. Box 9277 Corpus Christi, Texas 78469-9277 IF TO CONTRACTOR: Contractor ISS Facility Service, Inc. Contact Person: Gene Gattis Address: 545 North Upper Broadway Ste. 501 City, State, ZIP Corpus Christi, TX 78401 Fax #: (361) 882-2838 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 term or any extension period, the Contractor shall continue to provide goods/services under this Agreement at the most current price, in accordance with the terms and conditions of this Agreement or extension, on a month-to-month basis not to exceed six months. Any month-to-month provision of goods/services by the Contractor under this Agreement automatically terminates on the effective date of a new contract. 18. Severability. Each provision of this Agreement is severable and if, for any reason, any such provision or any part thereof is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 19. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH, OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF 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 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. Contractor: ISS Facility Services, Inc. Signature: Gehe Gatti Printed Name: Gene Gattis Title. Sr. Managing Director Date: 6- I- 6.015 - CITY OF CORPUS CHRISTI Gabriel Maldonado Date Interim Procurement Manager Attached and Incorporated by Reference: Exhibit A: Event No. 29 including Specification 1088 (Available upon request) Exhibit B: Bidder's Bid Offer/Response (Available upon request) AGENDA MEMORANDUM Future item for the City Council meeting of June 9, 2015 Action Item for the City Council meeting of June 16, 2015 DATE: TO: May 27, 2015 Ronald L. Olson, City Manager FROM: Mike Markle, Interim Chief of Police mikema@cctexas.com 886-2604 Approval to submit a grant application to the U.S. Department of Justice for funding eligible under the FY 2015 Body -Worn Camera Pilot Implementation Program CAPTION: Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $125,000 to the U.S. Department of Justice for funding eligible under the FY 2015 Body -Worn Camera Pilot Implementation Program with City in-kind match of $50,000 and cash match of $75,000 from the Law Enforcement Trust Fund for a total project cost of $250,000. PURPOSE: Request grant funding to enhance the existing 84 body worn cameras which were provided to the Police Department through the Nueces County District Attorney's office in 2014. BACKGROUND AND FINDINGS: Law enforcement agencies across the country and worldwide are using body -worn cameras (BWCs) as a promising tool to improve law enforcement interactions with the public. BWCs can provide a visual and audio record of interactions. Some preliminary evidence indicates that the presence of BWCs helps strengthen accountability and transparency, and can assist in de- escalating conflicts, resulting in more constructive encounters between the police and members of the community. This competitive solicitation is for law enforcement agencies seeking to establish or enhance BWC Policy and Implementation Programs (PIP). The City is applying under CATEGORY 4: BWC PROGRAM ENHANCEMENT. This funding category seeks to assist agencies with existing BWC programs and established BWC policies and practices that want to expand their program to more officers. Funds under Category 4 should be used for cameras and the associated hardware, software licenses, and contractual agreements directly related to program expansion. Applicants may request no more than $250,000 under this category. Applicants may satisfy the 50% match requirement with either cash contributions or in-kind contributions of goods or services that are directly related to the purpose for which the grant was awarded. The grant funds will provide for a maximum of 100 body cameras, storage, software, and licenses. The cash match will be provided by the Law Enforcement Trust Fund. The in-kind contribution is for a percentage of time the four employees currently working with the body camera system. Estimated annual maintenance cost after the warranty period is $7,000. 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 Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $75,000 $75,000 BALANCE $75,000 $75,000 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends submitting the application. LIST OF SUPPORTING DOCUMENTS: Resolution Authorizing the City Manager, or designee, to submit a grant application in the amount of $125,000 to the U.S. Department of Justice for funding eligible under the FY 2015 Body -Worn Camera Pilot Implementation Program with City in-kind match of $50,000 and cash match of $75,000 from the Law Enforcement Trust Fund for a total project cost of $250,000. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorizing the City Manager, or designee, to submit a grant application in the amount of $125,000 to the U.S. Department of Justice for funding eligible under the FY 2015 Body -Worn Camera Pilot Implementation Program with City in-kind match of $50,000 and cash match of $75,000 from the Law Enforcement Trust Fund for a total project cost of $250,000. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor 2 Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn AGENDA MEMORANDUM Future Agenda Item for the City Council Meeting of June 9, 2015 Action Item for the City Council Meeting of June 16, 2015 DATE: TO: June 9, 2015 Ronald L. Olson, City Manager FROM: Yasmine Chapman, Director of Human Resources yasminec@cctexas.com (361) 826-3878 Gabriel Maldonado, Interim Procurement Manager gabrielm@cctexas.com (361) 826-3169 Third -Party Administrator, Stop Loss Insurance and Self -Insured Employee Health Benefits CAPTION: Resolution authorizing the City Manager or designee to negotiate and execute a contract with UnitedHealthcare, Houston, Texas, for the provision of third -party administration of the City of Corpus Christi's self-funded employee health and dental plans, for providing and administering a provider network, and for the provision of stop -loss insurance coverage in accordance with Request for Proposal Event Number 41; and authorizing the City Manager or his designee to negotiate and execute a contract with Express Scripts, Inc., Saint Louis, Missouri for the provision of the pharmacy benefit management portion of the City of Corpus Christi's self- funded employee health plan in accordance with Request for Proposal Event Number 41. PURPOSE: Approval to negotiate and execute a contract with the recommended third -party administrator, stop loss insurance and self-insured employee health benefits provider and a pharmacy benefit management provider. BACKGROUND AND FINDINGS: In January 2015, The City's Human Resources Department began the process of creating a Request for Proposal (RFP) for third -party administrator, stop loss insurance and self-insured employee health benefits. With the assistance of the City's benefit consultant, HUB International Insurance Services, and the Senior Buyer of the City's Purchasing Department, the RFP was advertised and issued on April 3, 2015. A team consisting of representatives from Human Resources, the ACM for General Government & Operations Support, Budget, the Police Officers Association, the Fire Fighters Association, and Procurement was formed to review and evaluate the proposals. The team evaluated eight proposals based on the following criteria and weighting scale: Technical Solution, Proposer's Profile & Qualifications, Local Presence, Fees and Exceptions. General Questionnaire (Technical Solution) Minimum Qualifications & General Information (Proposer's Profile and Qualifications) Local Presence Fees Exceptions Total 20% 10% 5% 60% 5% 100% The team held evaluation meetings on May 15th and May 21st and selected four finalists to make presentations on May 27th. Best and final offers were received on May 29th. Two approaches for award were considered, a bundled service for both medical and prescription drug services from the same provider and a stand-alone pharmacy benefit manager (unbundled service). During the review process, it was determined that the "unbundled service" option offers the greatest cost savings to the City. In the scoring process, consideration was given to the provider networks as well as the ability for vendors to administer the City's benefit plans that are currently offered to the general employee population and the Collective Bargaining Units. The team also reviewed the City employee's utilization patterns of network providers and long-term tools and strategies to help the City manage long-term costs. The term of the contracts will be for three years, commencing on October 1, 2015, with an option to extend for up to two additional one-year periods subject to the approval of the Contractor and the City Manager or designee. The total estimated cost for the initial year of the three-year contract with UnitedHealthcare and Express Scripts is $23,365,032.24, the breakdown is as follows: United Healthcare Estimated administrative cost $2,677,013.52 Estimated medical claims cost $14,290,257.30 Subtotal $16,967,270.82 Express Scripts Estimated administrative cost $52,209.90 Estimated pharmacy claims cost $6,345,551.52 Subtotal $6,397,761.42 Total $23,365,032.24 This service will be used by the Human Resources Department to provide health care coverage, dental coverage, pharmacy coverage and stop -loss insurance to eligible active employees, retirees, survivors and their spouses, and dependents. The team recommends the awards to UnitedHealthcare and Express Scripts, Inc., and this decision is fully supported by the leadership of both the Fire and Police City labor groups. A service agreement will be executed contingent to City Manager and Contractor negotiating a final agreement. ALTERNATIVES: See summary matrix. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement and is in alignment with current collective bargaining agreements. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Human Resources, Finance, Management & Budget, Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital x Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): N/A Current Annual (FY15) Proposed Annual (FY16) Life of Contract $23,564,149 $23,365,032 $70,095,096.75 Comments: Funding is not required for FY2014-2015. The amount of the contract is budgeted in the current budget and will be contemplated in future budgets. Please note that the three-year total contract cost of $70,095,096.75 is an estimated amount based on medical, dental and pharmacy utilization. Fluctuation in utilization may alter the total cost. RECOMM ENDATION: Staff recommends authorization to negotiate contracts with United Health Care and Express Scripts. LIST OF SUPPORTING DOCUMENTS: Presentation Matrix Resolution Resolution Authorizing the City Manager or designee to negotiate and execute a contract with UnitedHealthcare, Houston, Texas, for the provision of third -party administration of the City of Corpus Christi's self-funded employee health and dental plans, for providing and administering a provider network, and for the provision of stop -loss insurance coverage in accordance with Request for Proposal Event Number 41; and authorizing the City Manager or his designee to negotiate and execute a contract with Express Scripts, Inc., Saint Louis, Missouri for the provision of the pharmacy benefit management portion of the City of Corpus Christi's self-funded employee health plan in accordance with Request for Proposal Event Number 41 Whereas, with the assistance of the City's benefit consultant, HUB International Insurance Services, and the Senior Buyer of the City's Purchasing Department, the Request for Proposal (RFP) for third -party administrator, stop loss insurance and self-insured employee health benefits was advertised and issued on April 3, 2015; Whereas, a team consisting of representatives from Human Resources, the ACM for General Government & Operations Support, Budget, the Police Officers Association, the Fire Fighters Association, and Procurement reviewed and evaluated the proposals. The team recommends the awards to UnitedHealthcare and Express Scripts, Inc., and is supported by the leadership of all City labor groups; Whereas, the term of the contracts will be for three years, commencing on October 1, 2015, with an option to extend for up to two additional one-year periods subject to the approval of the Contractor and the City Manager or designee. The total estimated cost for the initial year of the three-year contract with UnitedHealthcare and Express Scripts is $23,365,032.24. Whereas, this service will be used by the Human Resources Department to provide health care coverage, dental coverage, pharmacy coverage and stop -loss insurance to eligible active employees, retirees, survivors and their spouses and dependents. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to negotiate and execute a contract with UnitedHealthcare, Houston, Texas, for the provision of third -party administration of the City of Corpus Christi's self-funded employee health and dental plans, for providing and administering a provider network, and for the provision of stop- loss insurance coverage in accordance with Request for Proposal Event Number 41. SECTION 2. The City Manager or designee is authorized to negotiate and execute a contract with Express Scripts, Inc., Saint Louis, Missouri for the provision of the pharmacy benefit management portion of the City of Corpus Christi's self-funded employee health plan in accordance with Request for Proposal Event Number 41. 1 ATTEST: THE 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 Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn 2 Criteria Technical Solution Applicant's Profile & Qualifications Local Presence Pricing and Compensation Exceptions Weight 20% 10% 5% 60% 5% Total Score Pharmacy—Administrative Services Cost (YR. 1) Medical —Administrative Services Cost (YR. 1) Pharmacy—Claims Cost (YR. 1 Adjusted) Medical — Claims Cost (YR. 1 Adjusted) Gross Paid —Year 1 (Admin., Rx & Medical) Difference in Cost Percentage Difference Cost Savings selecting UHC over Current Provider 100% United Healthcare BlueCross BSTX Humana Ranking -1 Ranking -2 Ranking -3 18.00 16.06 16.30 10.00 10.00 10.00 5.00 5.00 5.00 59.59 59.72 58.62 5.00 5.00 5.00 TML —UMR Ranking -4 17.00 8.00 60.00 5.00 IN -NETWORK OUT OF NETWORK 97.59 52,209.90 2,677,013.52 6,345,551.52 14,290,257.30 23,365,032.24 0 0.0% $ 410,135.82 95.78 $ 52,209.90 $ 2,687,057.52 $ 6,345,551.52 $ 14,233,659.30 $ 23,318,478.24 $ (46,554) -0.20% 94.92 $ 52,209.90 $ 2,885,795.64 $ 6,345,551.52 $ 14,491,611.00 $ 23,775,168.06 $ 410,135.82 1.76% 90.00 $ 52,209.90 $ 2,492,993.40 $ 6,345,551.52 $ 14,290,257.30 $ 23,181,012.12 $ (184,020.12) -0.79% United Healthcare 965 37 BlueCross BSTX 932 70 Humana 858 144 TML- UMR 965 37 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 9, 2015 Action Item for the City Council Meeting of June 16, 2015 DATE: May 19, 2015 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com (361) 826-3897 THRU: Mark Van Vleck, P. E., Executive Director of Utilities gustavogo@cctexas.com (361) 826-3897 THRU: Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: J. H. Edmonds, P. E., Director of Capital Programs jeffreye@cctexas.com (361) 826-3500 CAPTION: Approval of Professional Services Contract City of Corpus Christi Utilities Department Staff Augmentation Consultant Services Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Professional Services contract between the City of Corpus Christi and LNV, Inc. in the amount of $215,000, for a total restated fee not to exceed $265,000, for staff augmentation to the Utility and Public Works Departments, including professional engineering services for projects management, programs management, and land development technical issues. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute Amendment No. 1 to the Professional Services Contract with LNV, Inc. for the staff augmentation to the Utility and Public Works Departments, including professional engineering services for projects management, programs management, and land development technical issues. BACKGROUND AND FINDINGS: The current growth in Corpus Christi exceeds existing staff resources. This contract allows the City to ramp up staffing levels with special skill sets and qualifications on an "as -needed" basis. City staff has conducted numerous employee searches without much success and therefore, sought out support from local firms. This contract provides for a senior licensed professional engineer with municipality experience and qualifications to support a myriad of potential duties and assignments for the Development Services Department and Utilities Department. ALTERNATIVES: 1. Approve Amendment No. 1 to the Professional Services contract with LNV, Inc. as proposed. (Recommended) 2. Do not approve Amendment No. 1 to the Professional Services contract with LNV, Inc. as proposed. (Not recommended) OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: This conforms to city policy for procurement of professional services. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $265,000.00 $265,000.00 Encumbered / Expended Amount This item $215,000.00 $215,000.00 Future Anticipated Expenditures $50,000.00 $50,000.00 BALANCE $0.00 $0.00 Fund(s): Utilities Department Operating Funds COMMENTS: N/A RECOMMENDATION: City staff recommends the approval of Amendment No. 1 to the Professional Services Contract with LNV, Inc. for $215,000. LIST OF SUPPORTING DOCUMENTS: Project Budget Contract Presentation PROJECT BUDGET City of Corpus Christi Utilities Department Staff Augmentation Consultant Services PROJECT FUNDS AVAILABLE: Utilities Department $265,000.00 FUNDS REQUIRED: Professional Services Fees: LNV, Inc. (Original Small Contract) 50,000.00 LNV, Inc. (Amendment No. 1) 215,000.00 TOTAL $265,000.00 ESTIMATED PROJECT BUDGET BALANCE $0.00 CITY OF CORPUS CHRISTI AMENDMENT NO. 1 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director of Capital Programs) and LNV, Inc., a corporation, 801 Navigation, Suite 300, Corpus Christi, Nueces, Texas, 78408, (Architect/Engineer — A/E), hereby agree as follows: 1. SCOPE OF PROJECT City of Corpus Christi Utilities Department Staff Augmentation Consultant Services (Proiect No. E15092) — Continue assisting the Utility and Public Works Departments as staff augmentation with projects, program management, and land development technical services, as necessary to meet operational requirements on behalf of the City of Corpus Christi. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform professional engineering review services, In addition, NE will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) as described in Exhibit "A", to complete the Project. A/E services will be "Services for Construction Projects"- (Basic Services for Construction Projects") which are shown and are in accordance with "Professional Engineering Services- A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Capital Programs. Work will not begin on any phase or any Additional Services until requested in writing by the NE and written authorization is provided by the Director of Capital Programs. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Capital Programs. The Director of Capital Programs 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 The NE 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". If applicable, the A/E will submit to the City Engineer a certificate of insurance, with the City named as additionally insured, showing the minimum coverage set forth in Exhibit "B" by an insurance company acceptable to the City. Contract for Engineering (A/E) Sery ces Page 1 of 4 5. FEE The City will pay the A/E a fee, as described in Exhibit "A", for providing services authorized, a total fee not to exceed $215,000.00 (in Numbers), Two Hundred Fifteen Thousand Dollars and No Cents (in Words), for a total restated fee not to exceed $265,000.00 (in Numbers), Two Hundred Sixty Five Thousand Dollars and No Cents (in Words). Monthly invoices will be submitted in accordance with Exhibit "C". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the NE staff. If the NE 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 NE 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 NE without the express written consent of the Director of Capital Programs. 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 NE 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 (AWE) Services Page 2of4 CITY OF CORPUS CHRISTI LNV, 2� U ( 4 Z7 J. H. Edmonds, P. E., Date S. Leyendecker, P.E • ate Director of Capital Programs President 801 Navigation, Suite 300 Corpus Christi, Texas 78408 RECOMMENDED (361) 883-1984 Office (361) 883-1986 Fax Gustavo Gonzalez, P.E. Assistant City Manager of Public Works and Utilities Date Mark Van Vleck, P.E. Date Executive Director of Utilities Valerie H. Gray, P.E. Date Executive Director of Public Works APPROVED Office of Management Date and Budget ATTEST Rebecca Huerta, City Secretary Contract for Engineering (NE) Services Page 3 of 4 City of Corpus Christi Utilities Department Staff Augmentation Consultant Services Proiect No. E15092 Fund Name Accounting Unit Account Activity Account Category Amount Water Department Operating 4010-30000-041 530000 E15092014010EXP 30000 $65,000.00 Water Department Operating 4010-30220-072 530000 E15092014010EXP 30000 $15,000.00 Water Department Operating 4010-30230-072 530000 El5092014010EXP 30000 $25,000.00 Water Department Operating 4010-30283-072 530000 E15092014010EXP 30000 $10,000.00 Water Department Operating 4010-31510-041 520130 El5092014010EXP 20130 $50,000.00 Water Department Operating 4010-31520-041 520140 E15092014010EXP 20140 $50,000.00 Total $215,000.00 Encumbrance No. Contract for Engineering (WE) Services Page 4 of 4 CNV engineers 1 architects f contractors Solutions Today with a Vision for Tomorrow March 3, 2015 Ms. Valerie Gray, P.E. Executive Director of Public Works City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 Ref: CITY OF CORPUS CHRISTI UTILITIES DEPARTMENT STAFF AUGMENTATION CONSULTANT SERVICES Project No. E15092 — Amendment No. 1 Dear Ms. Gray: Please accept this proposal for Amendment No. 1 in the amount of $215,000 for a total contract value of $255,000. The preliminary phase of this contract provided Bill Green, dba William J. Green, P.E. through an exclusive use consultant contract with LNV Engineering, Inc. to the Utility and Public Works Departments as staff augmentation with project, program management and land development technical services, as necessary to meet operational requirements on behalf of the City of Corpus Christi. Amendment No. 1 provides for a continuance of Bill's professional engineering consultant services at a standard rate of $100.00 per hour and standard travel and per diem expenses, at cost. Provision is made to adjust the hourly rate in January 2016 based upon the Consumer Price Index. We will advise you in writing of this adjustment in advanced of a revised hourly billing rate. We further agree that Bill can continue to work up to a full time basis (40 hours/week) on City directed assignment for the next year (12 months). We anticipate that Bill will continue to receive a variety of assignments directly assisting the Utilities and Public Works Departments. Monthly invoices will be only for those hours authorized and rendered. If my proposal of services is acceptable to you, please include this letter as Exhibit A to Amendment No. 1 for a large A/E Contract. We are prepared to review this proposal with you should you have any questions. Sincerely Dan S. Le .e President //S er, P.E. Cc: Mr. Mark Van Vleck, P.E. — Executive Director of Utilities 801 NAVIGATION 1 SUITE 300 I CORPUS CHRISTI, TEXAS 78408 OFFICE 361.883 1984 1 FAX 361.883 1986 1 WWW LNVINC COM EXHIBIT "A" Page 1 of 1 Exhibit "B" Mandatory Requirements INDEMNIFICATION Consultant shall fully indemnify, hold harmless, and defend the City of Corpus Christi and its officials, officers, agents, employees, volunteers, directors and representatives ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and defense costs, caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by Consultant or its agent, consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This Indemnification does not apply to any liability resulting from the negligent acts or omissions of the City of Corpus Christi or its employees, to the extent of such negligence. Consultant must, at City's option, defend Indemnitee and with counsel satisfactory to the City Attorney. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. AIE Professional Services Agreements Standard Form Language Exhibit "B" Last revised 12/23/2014 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Total Contract Amd No. 1 Amd No. 2 Contract Amount Invoiced Previous Invoice Total Invoice Percent Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% _ TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% Sample form for: Payment Request Revised 07/27/00 1611161Q SUPPLIER NUMBER TO BE ASSIGNED BY CTI Y PURCFIASING DIVISION City of CITY OF CORPUS CHRISTI cS 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. Every question must be answered. 11. the question is not applicable. answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: LNV Engineering P. O. BOX: STREET ADDRESS: 801 Navigation, Suite 300 CITY: Corpus Christi ZIP: 78408 FIRM IS: 1. Corporation X 4. Association ? Partnership 5. Other 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. E. State the names of each "employee" of the City of Corpus Christi havin; 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 have not knowingly withheld disclosure of any information requested: and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Dan S. Leyendecker, P. E. Title: President (Type or Pring Signature of Certifying Person: DEFINITIONS Date: Oohs. 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. Corpus chr sti Capital Programs City of Corpus Christi Utilities Department Staff Augmentation Consultant Services Council Presentation June 9, 2015 Project Scope Corpus Chr sti Capital Programs • Land Development technical services from Early Assistance through Project Completion. • Program management implementation and development of department technical procurement services to include cost of service, airport zoning Ordinance, JLUS implementation, Building Code Ordinance revisions, Plan CC Implementation. • Technical assistance and consultant management oversight in delivery of Industrial Desalination assessment. • Special assignments assistance to Utilities and Public Works Departments. Project Schedule 2015 - 2016 Professional Services Corpus Chr sti Capital Programs Project Estimate: 365 Calendar Days N 12 Months Projected Schedule reflects City Council award in May 2015 with anticipated contract completion in May 2016. Project Budget c4) Corpus Chr sti Capital Programs PROJECT FUNDS AVAILABLE: Utilities Department $265,000.00 FUNDS REQUIRED: Professional Services Fees: LNV, Inc. (Original Small Contract) 50,000.00 LNV, Inc. (Amendment No. 1) 215,000.00 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) Engineering Services (Project Mgmt) Misc. (Printing, Advertising, etc.) ESTIMATED PROJECT BUDGET BALANCE 0.00 0.00 0.00 $0.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 9, 2015 Action Item for the City Council Meeting of June 16, 2015 DATE: May 26, 2015 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 J. H. Edmonds, P. E., Director of Capital Programs jeffreye@cctexas.com (361) 826-3851 FROM: Jerry Shoemaker, P. E., Senior Program Manager jerrys2@cctexas.com (361) 826-3516 CAPTION: Interlocal Agreement Regional Parkway Planning and Environmental Linkage Study Resolution authorizing the City Manager, or designee, to execute all documents necessary to approve an Interlocal Agreement with the Metropolitan Planning Organization (MPO) regarding the participation in local funding shares required for the planning project known as the Regional Parkway Planning and Environmental Linkages (PEL) Study ("PROJECT"). PURPOSE: The purpose of this Agenda Item is to obtain authority to execute an Interlocal Agreement with the MPO for the Regional Parkway Planning and Environmental Linkages (PEL) Feasibility Study project. BACKGROUND AND FINDINGS: This agreement is a continuation of a joint project, between the City, the MPO and Texas Department of Transportation (TxDOT) on regional parkway planning with the cost being shared between the City and MPO 20% and 80% respectively. The MPO will lead this project and enter into a Non -construction Advance Funding Agreement (AFA) with Texas Department of Transportation (TxDOT), which administers the Category 7 Program for the funding. The MPO will also execute and manage a contract agreement with the Consultant to complete the study. K:\ENGINEERING\LEGISTAR\10 - JUNE 9, 2015\MPO REGIONAL PARKWAY\AGENDA MEMO - MPO REGIONAL PARKWAY.DOCX An initial Regional Parkway Mobility Corridor Feasibility Study was completed in January 2013, which determined the Regional Parkway route was needed and attainable if constructed in phases (segments) and implemented in a manner consistent with development and need. The initial Study evaluated whether a new roadway is needed to alleviate congestion and provide an alternate route in portions of Nueces and San Patricio Counties. The evaluation also determined the feasibility of a new elevated causeway and bridge to North Padre Island and a new or enhanced Nueces River bridge connecting San Patricio County and Nueces County. The study considered ten (10) potential corridors and determined that two corridors are feasible and viable based on the following four major categories: • Traffic Mobility • Social and Environmental Impacts • Engineering • Likely Public Support The two corridors both include a new connection to North Padre Island and go west of Robstown. One, Alternative, Corridor 6, would connect back to 1-37 north of Edroy, and the other, Alternative Corridor 2, connects back to 1-37 south of Edroy (see attached map). This Project evaluates two segments which run from State Highway 286 (Crosstown) to Park Road 22. This project also serves as the interim step to a full National Environmental Policy Act (NEPA) review that is required for projects seeking state or federal funding. The total cost for the project is $863,068 with the City's share of $233,028 which includes the 20% match of $172,614 plus TxDOT administrative fees of $43,153 and PlanSource overhead fees for $17,261. The funds for the City's match is the Bond 2014 TxDOT Participation. The MPO's cost share is $690,454 and was approved by the MPO Transportation Policy Committee under Category 7 — Metropolitan Mobility Program funds on April 4, 2014. HDR Engineering, Inc. was selected as the consultant in December 2014 through PlanSource, a competitive cooperative procurement program of the Community and Environmental Planning Department of Houston Galveston Area Council (HGAC). This contract vehicle allows local governments access to prequalified planning firms. The City agrees to pay the Consultant within 30 days of receiving an invoice from the MPO. The MPO will invoice City monthly with the exception of the initial lump sum fees for TxDOT administration. ALTERNATIVES: 1. Authorize execution of the Interlocal Agreement. 2. Do not authorize execution of the Interlocal Agreement. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Complies with statutes regarding Texas Department of Transportation Participation. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Capital Programs K:\ENGINEERING\LEGISTAR\10 - JUNE 9, 2015\MPO REGIONAL PARKWAY\AGENDA MEMO - MPO REGIONAL PARKWAY.DOCX FINANCIAL IMPACT: Fiscal Year 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Total Budget $0.00 $2,500,000.00 $2,500,000.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 $0.00 This item $0.00 $233,028.00 $0.00 $233,028.00 Future Anticipated Expenditures This Project $0.00 $0.00 $0.00 $0.00 BALANCE $0.00 $2,266,972.00 $0.00 $2,266,972.00 Fund(s): Future TxDOT Participation Bond 2014 Comments: RECOMMENDATION: City staff recommends the approval of the Interlocal Agreement with Metropolitan Planning Organization to fund $233,028 for the Regional Parkway Planning and Environmental Linkage Study project. LIST OF SUPPORTING DOCUMENTS: Resolution Project Budget Location Map Presentation K:\ENGINEERING\LEGISTAR\10 - JUNE 9, 2015\MPO REGIONAL PARKWAY\AGENDA MEMO - MPO REGIONAL PARKWAY.DOCX PROJECT BUDGET ESTIMATE TxDot Participation PROJECT FUNDS AVAILABLE: Bond 2014 $ 2,500,000.00 TOTAL $ 2,500,000.00 FUNDS REQUIRED: Construction (includes contingency) Consultant Fees: MPO Reimbursements: Contract Administration (Contract Preparation/Award/Admin) Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services) Finance Misc. (Printing, Advertising, etc.) 233,028.00 TOTAL 233,028.00 ESTIMATED PROJECT BUDGET BALANCE $ 2,266,972.00 ATTACHMENT "A" INTERLOCAL AGREEMENT BETWEEN CORPUS CHRISTI METROPOLITAN PLANNING ORGANIZATION AND CITY OF CORPUS CHRISTI This Agreement is between Corpus Christi Metropolitan Planning Organization ("MPO") and City of Corpus Christi ("City") regarding participation in the local funding share required for the planning project known as the Regional Parkway Planning and Environmental Linkages (PEL) Study ("Project"). BACKGROUND In January 2013, the MPO completed the Regional Parkway Mobility Corridor Feasibility Study which determined a Regional Parkway route was recommended and attainable if constructed in segments of independent utility. This Project will evaluate the first two segments of the Regional Parkway route, segments A and B, which extend from State Highway 286 to Park Road 22. The PEL Study will serve as an interim step to a full National Environmental Policy Act (NEPA) review, which is required for a project that may seek state or federal funding. The MPO Transportation Policy Committee approved the use of Category 7 — Metropolitan Mobility Program funds on April 4, 2014. It was determined at that time that City will provide the local match (including applicable overhead fees). As part of the implementation of this Project, the MPO will enter into a Non -construction Advance Funding Agreement (NCAFA) with Texas Department of Transportation (TxDOT), which administers the Category 7 Program, as well as an agreement with HDR Engineering, Inc. (Consultant) to execute the study. This service provider was selected in December 2014 through PlanSource, a cooperative procurement program of the Community and Environmental Planning Department of Houston Galveston Area Council (HGAC) that allows local governments' access to prequalified planning firms. The approved FY 2015 — 2018 Transportation Improvement Program provides an amount not to exceed $900,000 in FY 2015 for a Regional Parkway Environmental Study, which will be applied to support the $863,068 budget for this Project. Of this $863,068, 80%, or $690,454, will be federal funds and 20%, or $172,614, will be a locally provided share. As the local partner, the City is also responsible for TxDOT administrative fees (estimated to be 5%, or $43,153) and PlanSource overhead fees (2%, or $17,261). AGREEMENT MPO. The MPO will enter into a NCAFA with TxDOT, which administers the Category 7 Program, as well as an agreement with Consultant to execute the study. TxDOT administrative ($43,153) and PlanSource overhead fees ($17,261) are due to the respective agencies as lump sum payments at the onset of the Project; thus, the MPO will invoice the City, the local share participant, for the entirety of these fees within 30 days of executing the NCAFA with TxDOT. Over the course of the Project, the MPO will receive, review, approve and process monthly invoices submitted by Consultant, and the MPO's fiscal agent (Nueces County) will make payment on 80% of approved invoices. The MPO will in turn invoice the City for 20% of the monthly invoice amount to be paid by the City directly to the Consultant. The MPO will provide City with a digital copy of all documents generated by Consultant regarding this Project. City. As the local share participant, the City will provide the 20% local share of the project cost ($172,614), TxDOT administrative fees (estimated to be $43,153) and PlanSource overhead fees ($17,261) for a total of $233,028.00. City will pay Consultant within 30 days of receiving an invoice from the MPO. Consultant contact information for payment submittal: Robert E. Leahey HDR Engineering, Inc. 4401 Westgate Blvd., Suite 400 Austin, TX 78745 Any proposed changes to this Agreement must be submitted in writing to the MPO and City for approval and subsequent amendment of this Agreement. City of Corpus Christi Valerie H. Gray, P.E. Date Executive Director of Public Works Approved as to form: Assistant City Attorney Date Corpus Christi Metropolitan Planning Organization Jeffrey A. Pollack Date Transportation Planning Director RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE ALL DOCUMENTS NECESSARY TO APPROVE AN INTERLOCAL AGREEMENT WITH THE METROPOLITAN PLANNING ORGANIZATION (MPO) REGARDING THE PARTICIPATION IN THE LOCAL FUNDING SHARES REQUIRED FOR THE PLANNING PROJECT KNOWN AS THE REGIONAL PARKWAY PLANNING AND ENVIRONMENTAL LINKAGES (PEL) STUDY ("PROJECT") NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS SECTION 1: The City Manager, or designee, is authorized to execute the attached Interlocal Cooperation Agreement for the City of Corpus Christi's participation of local funding for the project known as the Regional Parkway Planning and Environmental Linkages (PEL) Study ("Project"), which is necessary to evaluate the first two segments of the Regional Parkway route segments A & B. The PEL Study will serve as an interim step to a full National Environmental Policy Act review, which is required for a project that may seek state or federal funding. SECTION 2: This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor The foregoing ordinance was read and passed on this the day of , by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Brian Rosas Mark Scott Lucy Rubio Corpus Chr'sti Capital Programs CC MPO Interlocal Agreement Regional Parkway Planning and Environmental Linkage Study Council Presentation June 9, 2015 Regional Parkway Viable Alternative Map Corpus Chr sti Capital Programs Segm Stu JIM WELLS COUNTY LEGEND STUDY AREA ALTERNATIVE 2 I— I ALTERNATIVE6 COMMON CORRIDOR SEGMENT CONNECTOR COUNTY BOUNDARY 0 AIRPORT C Areas shown as alternatives are +/- 1 mile in width but actual roadway will only be 320-500 feet wide somewhere in the alternative area. I.,` MILES STUDY AREA AND VIABLE ALTERNATIVES FOR NEW CORRIDOR Project Background Corpus Chr sti Capital Programs The Regional Parkway Planning and Environmental Linkage (PEL) Study is joint project with the City, MPO and TxDOT to consider providing alternative connectivity between I-37 and Padre Island. This PEL study (project) evaluates the first two segments (A & B) from State Highway 286 to Park Road 22. The Regional Parkway Mobility Corridor Feasibility Study, completed in 2013, evaluated ten potential corridors and determined that the project was justified and feasible if constructed in segments (phases) of independent utility. The MPO is leading this project and has established an Advance Funding Agreement with TxDOT. MPO will contract with the selected consultant upon establishing the Interlocal between MPO and the City. Matching funding is MPO/State (80%) and City (20%) plus administrative fees. 3 Project Scope Corpus Chr sti Capital Programs The PEL study evaluates the first two segments to identify the transportation needs, stakeholders, defines the corridor with potential impacts and mitigation options. This project also provides performance measures and serves as the interim step to a full National Environmental Policy Act (NEPA) Review. Total cost for the project is $863,068 • City's 20% share with administrative fees is $233,028; funding is from the Bond 2014 TxDOT Participation $2.5 M • MPO's 80% share is $690,454; funding from the TxDOT Category 7 HDR Inc. was selected as the project consultant by MPO in coordination with the City through the Houston -Galveston Area Council PlanSource process in December, 2014. 4 Project Scope dil Corpus Chr lti Capital Programs QUESTIONS? 5 Regional Parkway Concept dil Corpus Chr lti Capital Programs IIK. 7 Rendering of the Parkway Concept 6 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 9, 2015 Action Item for the City Council Meeting of June 16, 2015 DATE: May 19, 2015 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: Valerie H. Gray, P.E., Executive Director Public Works ValerieG@cctexas.com (361) 826-3729 Debbie Marroquin, P.E. DebbieM@cctexas.com (361) 885-6924 Execute Design — Build Agreement Ayers Street CNG Station CAPTION: Motion authorizing the City Manager, or designee, to execute a Design — Build Agreement with Zeit Energy, LLC. of Dallas, Texas in the amount of $1,597,271.39 for the Ayers Street CNG Station Project for the Base Bid plus Contractor Proposed Pricing Options 1, 2 and 3. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute the Design — Build agreement with Zeit Energy, LLC. of Dallas, Texas in the amount of $1,597,271.39 for the Ayers Street CNG Station project for the Base Bid plus Contractor Proposed Pricing Options 1, 2 and 3. BACKGROUND AND FINDINGS: On November 19, 2013, City staff presented a Policy for establishing standards and requirements for purchasing CNG (compressed natural gas) vehicles. The City Council discussed the fuel and maintenance cost savings and emission reduction for cleaner environment that is afforded through the use of CNG. The City Council approved the procurement of CNG vehicles based on the standards described in the Policy. The City is providing CNG not only for City fleets but also for commercial fleets and private customers. The private fleets include US Post Office, AT&T, Nueces County, Rail Road Commission of Texas, Republic Services, CC Disposal, and private customers. The demand of CNG has increased almost double from 17,000 GGE (Gasoline Gallon Equivalence) to 33,000 GGE since November 2013. This project proposes the construction of a public CNG station to meet the rising demands of City fleets, commercial fleets and private customers. K:\ENGINEERING\LEGISTAR\9 - MAY 26, 2015\DESIGN BUILD AYERS STREET CNG STATION\ AGENDA MEMO - AYERS STREET CNG.DOCX This is a design -build turnkey project that includes engineering, design, permitting, construction, testing and commissioning of a CNG refueling station. The design -build approach focuses heavily on the qualifications of the design -builder and its key team members as well as price and subsequently selects design -build teams that have a demonstrated history of successfully collaborating on similar projects. Furthermore, the design -build procurement method uses a process that encourages the early participation of key trade constructors allowing the team to meet the City's need of identifying "hard" contract costs and budget ceilings in the first stages of project development. This early participation by the contractor establishes whether the target budgets will provide the essential solutions required. To facilitate the for design -build construction of this CNG station, on January 12, 2015, the City issued Request for Qualifications (RFQ) 2015-01 soliciting qualifications and cost proposals for a Base Bid with two Additive Alternatives; Additive Alternative No. 1 for one year of maintenance, and Additive Alternate No. 2 for extended maintenance of two years. The contractors were required to provide a Base Bid within a budget of $1.5 MIL to include the minimum following requirements: • Two fast -fill island fueling stations with two service points each including fill hoses and internal credit card readers with fill times no greater that standard gasoline/diesel fill times. • Capacity for two (2) additional islands for future expansion. • New compressor station with redundant equipment and emergency back-up generator for potential loss of power. • Compliancy with all applicable State and Federal codes, regulations, and industry standards applicable to the operation and maintenance of the CNG fueling facility. • Permit preparation, submission and approval with all associated cost for required permits. • Training for the City's personnel for the operation, maintenance and repair of the facility. • Alternate Pricing Options, the contractors were authorized and encouraged to provide alternative pricing options to enhance the value of the facility. On February 18, 2015, the City received two (2) design -build team submissions for qualifications from Zeit Energy, LLC. from Dallas, Texas, and United Pump Supply Inc. from Houston, Texas. Both teams were determined qualified and invited to participate in further assessment. On March 18, 2015, the City received individually sealed Technical Proposals and Cost Proposals from both teams. After Technical Proposals were opened, it was discovered that United Pump Supply Inc. included their cost proposal information in their Technical Proposal. Pursuant to Texas Government Code section 2269.361, the City must first evaluate and score the technical proposal prior to considering the cost proposal. The City had to consider United Pump Supply's technical proposal as non-responsive, and therefore, United Pump Supply was disqualified. The Technical Proposal of Zeit Energy, LLC was evaluated and then the Cost Proposal was opened and evaluated. The firm of Zeit Energy, LLC. was selected based on qualifications and cost proposal with a Base Bid for new CNG facility, complete and in place, for $1,488,777.09 plus Additive Alternative No. 1 — $30,000, and Additive Alternative No. 2 — $60,000. Zeit Energy, LLC. also submitted six (6) alternate pricing options of which the following three were considered to add value and are recommended: Option 1 Compressor Station upgrade increasing from 200HP to 250HP that results in cost savings in electrical service, labor and maintenance. The higher HP increases the fill rates reducing the fill times, compressor run times and electrical service. $42,426.48 Option 2 Priority Panel Upgrade to increase from 1/2" to a 1" Priority Panel that results in cost savings in electrical service, labor and maintenance. The increased line capacity reducing fill times, equipment run time and electrical service. $11,629.92 Option 3 Storage Capacity Upgrade to increase Storage Tank size that results in cost savings. The higher capacity reduces compressor operations and allows faster fill times. $54,437.90 K:\ENGINEERING\LEGISTAR\9 - MAY 26, 2015\DESIGN BUILD AYERS STREET CNG STATION\ AGENDA MEMO - AYERS STREET CNG.DOCX ALTERNATIVES: 1. Authorize execution of the Design — Build contract. 2. Do not authorize execution of the Design - Build contract. (Not Recommended) OTHER CONSIDERATIONS: As allowed by the Government Code Chapter 2269 Contracting and Delivery Procedures for Construction Projects and more specifically Subchapter H Design -Build Procedures for Certain Civil Works Projects, in considering a construction contract using a method other than competitive bidding, the City "must, before advertising, determine which method provides the best value". CONFORMITY TO CITY POLICY: This contract conforms to City Fiscal Policy, the City's Charter and the FY 2014-2015 Capital Improvement Planning (CIP) Budget. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Gas Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $600.00 $2,219,800.00 $2,220,400.00 Encumbered / Expended Amount $600.00 $600.00 This item $1,597,271.39 $1,597,271.39 Future Anticipated expenditures for this project $255,963.42 $255,963.42 BALANCE $0.00 $366,565.19 $366,565.19 Fund(s): Gas CIP 2014-2015; Seq. No. 04 & 05 COMMENTS: Funding for this project is coming from the approved Fiscal Year CIP under Gas Projects #04 Public Fill CNG Station and #05 Existing CNG Station Expansion. RECOMMENDATION: City Staff recommends the approval of the Design — Build contract with Zeit Energy, LLC. of Dallas, Texas in the amount of $1,597,271.39 for the Ayers Street CNG Station Project for the Base Bid plus Contractor Proposed Pricing Options 1, 2 and 3 with no Additive Alternatives for maintenance. LIST OF SUPPORTING DOCUMENTS: Project Budget K:\ENGINEERING\LEGISTAR\9 - MAY 26, 2015\DESIGN BUILD AYERS STREET CNG STATION\ AGENDA MEMO - AYERS STREET CNG.DOCX Location Map Presentation K:\ENGINEERING\LEGISTAR\9 - MAY 26, 2015\DESIGN BUILD AYERS STREET CNG STATION\ AGENDA MEMO - AYERS STREET CNG.DOCX PROJECT BUDGET ESTIMATE Design Build Services for the Ayers Street CNG Station (Project No. E15114) PROJECT FUNDS AVAILABLE: Gas CIP 2014-2015 $2,220,400.00 $2,220,400.00 FUNDS REQUIRED: Design - Build Services (Zeit Energy, LLC.) THIS ITEM 1,597,271.39 Contingency (10%) 159,727.14 Design Fees: Geotechnical Study and Materials Testing (Included in Contract) 0.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin) $ 15,972.71 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services) $ 63,890.86 Finance $ 15,972.71 Misc. (Printing, Advertising, etc.) $ 1,000.00 TOTAL $1,853,834.81 ESTIMATED PROJECT BUDGET BALANCE $366,565.19 Ayers St. CNG Station CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARMENT OF CAPITAL PROGRAMS Design — Build Services Ayers Street CNG Station Corpus Chr "O Corpus Programs Council Presentation June 9, 2015 Project Scope Corpus Chr sti Capital Programs Base Bid within a budget of $1.5 MIL: • 2 fast -fill island fueling stations with two service with future capacity for two (2) additional islands • New compressor station with redundant equipment and emergency generator • Compliancy with all applicable codes, regulations, and industry standards • Permit preparation, submission and approval with all associated cost • Training for the City's staff on the operation, maintenance and repairs ❖ Alternate Pricing Options, the contractors were authorized and encouraged to provide alternative pricing options to enhance the value of the facility Award Recommendation Corpus Chr sti Capital Programs Recommended Award to Zeit Energy, LLC. From Dallas, Texas Base Bid - New CNG Facility (Design -Build) $1,488,777.09 Additive Alternative No. 1— One year maintenance (not recommended) $30,000.00 Additive Alternative No. 2 —Two years maintenance (not recommended) $60,000.00 Alternate Pricing Options —3 of 6 contractor suggested options are recommended that add value with overall cost savings to operations and maintenance Option 1 — Compressor Station upgrade (200HP to 250HP) providing faster fill rates reducing electrical service, labor and maintenance $42,426.48 Option 2 — Priority Panel Upgrade 1/2" to a 1" line providing allowing faster fill rates reducing electrical service, labor and maintenance $11,629.92 Option 3 —Storage Tanks Capacity increase that reduces compressor operations and allows faster fill times. $54,437.90 Total Award $1,597,271.39 Project Schedule Corpus Chr sti Capital Programs 2015 Jan Feb Mar Apr 22 Jun Jul ug Sep Oct No De Jan Bid & Award r Design / Construction Project Estimate: 195 Calendar Days N 6 Months Projected Schedule reflects City Council award in June 2015 with anticipated construction completion in January 2016. AGENDA MEMORANDUM Future Item for the City Council Meeting of June 9, 2015 Action Item for City Council Meeting June 16, 2015 DATE: 5/4/2015 TO: Ronald L. Olson, City Manager THRU: Susan Thorpe, Assistant City Manager SThorpe@cctexas.com 361-826-3898 Eddie Ortega, Director of Housing and Community Development EddieO@cctexas.com 361-826-3234 FROM: Rudy Bentancourt, CD Administrator RudyB@cctexas.com 361-826-3021 Resolution amending City Council Policy No. 9 CAPTION: Resolution amending Council Policy No. 9, entitled Community Development Block Grant and HOME Programs by revising the language in section f.; and reaffirming the objectives and guidelines of the policy. PURPOSE: The purpose of amending Council Policy No. 9 is to; revise the language in section "f." which will allow Program Income generated from the Single Family Rehabilitation and Reconstruction Loan Program to be applied towards Affordable Housing Programs administered by the Housing and Community Development Department. The purpose is also to reaffirm the policy's commitment to the objectives and guidelines. BACKGROUND AND FINDINGS: The Housing and Community Development Department is requesting the passing of a Resolution amending City Council Policy No. 9. The amendment of the policy will revise the language regarding section f. of the current Resolution by allowing Program Income generated from the Single Family Rehabilitation Program to be applied towards the Affordable Housing Programs administered by HCD, as mandated by the U.S. Department of Housing and Urban Development. The Resolution will also reaffirm the policy's commitment to the objectives and guidelines. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council approval is required for the amendment of the resolution. EMERGENCY / NON -EMERGENCY: This item is non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: N/A RECOMMENDATION: Staff recommends the approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Council Policy No. 9 Resolution Resolution amending City Council Policy No. 9, entitled Community Development Block Grant and HOME Programs by revising the language in section f.; and reaffirming the objectives and guidelines of the policy. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council hereby amends Council Policy No. 9, adopted by Resolution No. 21901 on March 22, 1994, and later amended by Resolution No. 026055 and 026571 on December 14, 2004 and December 20, 2005, respectively, Resolution No. 030000 on October 29, 2013, and Resolution No. 030365 on December 16, 2014 and revising the language of section f. to read as follows: "9. Community Development Block Grant and HOME Programs. Through the Community Development Block Grant (CDBG) and HOME Programs, the City Council provides for the development and preservation of a viable urban community, a suitable living environment, affordable housing and expanded economic opportunities, principally for persons of low and moderate income, and aids in the prevention or elimination of slums and blight. The City carries out its objectives by providing for affordable housing, appropriate streets and drainage, recreational opportunities, neighborhood preservation, and revitalization, and economic development as needed. To ensure that these objectives are achieved, the following guidelines shall be as follows: a. No CDBG Funds will be authorized to applicant agencies for the support of operating expenses, with the exception of economic development projects that create jobs. b. No capital grants will be made without sufficient evidence of the financial capacity of the applying agency to operate the program. c. Priority will be given to those applying agencies that make substantial new capital contributions to the project for which they are seeking funds. d. Affordable housing shall be maintained as the top priority for the CDBG program as well as placing greater emphasis on public infrastructure (City) in CDBG eligible tracts. e. External agencies awarded CDBG funds will not be eligible to apply for future CDBG funding until two fiscal cycles have elapsed since the fiscal cycle in which funds were granted. (For example, an external agency awarded CDBG funding in fiscal cycle 2013-2014 will not be eligible to apply for future CDBG funding until the 2016-2017 fiscal cycle.) f. Program income generated from the CDBG Housing Program is a revolving fund and will be applied toward the Rcconstruction Loan Program Affordable Housing Programs administered by the Housing and Community Development Department, as mandated by the U.S. Department of Housing and Urban Development. Program income generated from the CDBG Demolition Program and the Clearance of Vacant Property Program will be applied to each individual program's revolving fund. Program income generated from the HOME Program will be applied towards maintaining or creating affordable housing in the community. g. Annual funding request for CDBG and HOME programs administered through the Housing and Community Development Department shall be approved in order to ensure that the essential operations of the department are met in accordance with the departments Mission." Section 2. The City Council hereby reaffirms its commitment to the objectives and guidelines contained in Council Policy No. 9, as amended by this resolution. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Corpus Christi, Texas day of , 2015 The above resolution was passed by the following vote: Nelda Martinez Rudy Garza, Jr. Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn AGENDA MEMORANDUM City Council Meeting of June 9, 2015 DATE: TO: May 19, 2015 Ronald L. Olson, City Manager FROM: Mark Van Vleck, P.E., Executive Director of Utilities MarkVV@cctexas.com (361) 826-1874 Water Rates — Discussion #1 STAFF PRESENTER(S): Name 1. Gustavo Gonzalez 2. Mark Van Vleck 3. OUTSIDE PRESENTER(S): Title/Position Department ACM Public Works & Utilities Executive Director Utilities Name Title/Position Organization 1. 2. 3. BACKGROUND: During the budget process last Fiscal Year, there was concern about the raising of the Utility Rates. The Members of the City Council asked that we review the methodology for setting the rates. This is the sixth in a series of presentations that will be delivered to facilitate that review. This presentation begins the discussion on alternatives that we suggest exploring. LIST OF SUPPORTING DOCUMENTS: PowerPoint — Water Rates — Discussion #1 Water Rate —Discussion Council Presentation June 9, 2015 Discover, Discuss, Decide Rate Review Schedule Date Id Topic March 10, 2015 Projected Rate Water System Components Utility Bill Breakdown Costs —Operation and Maintenance (O&M) March 24, 2015 Costs - Current and Future Debt March 31, 2015 Consumption Trends Customer Trends Inclined Block Rate April 21, 2015 Adjustments Rate Calculations April 28, 2015 Rate Calculations May 12, 2015 Additional Week of Discovery June 9, 2015 Alternatives to Evaluate June 23, 2015 Rate Impacts July 14, 2015 July 21, 2015 Additional Alternatives Evaluated 2 First Reading Proposed Rate July 28, 2015 Adoption of New Rate Discussion • Increase Minimums — Create program to assist lower income customers • Increase first increment of block rates to 100% • Adopt rates in May or June — Effective date for new rates will be January 1 • Adopt rates every two years • Establish Separate Storm Water Rate — First step show Storm Water portion of Water rate on Utility bill. Discussion • Increase Minimum — Create program to assist lower income customers ❑ Reduce impact due to changes in volume ❑ Recover costs associated with production and delivery of the first 2,000 gallons Discussion • Increase first increment of block rates to 100% ❑ Currently 80% of cost to produce and deliver ❑ Reduce impacts due to change in volume ❑ Reduce the number of blocks ❑ Two or three, not seven Discussion • Adopt rates in May or June — Effective date for new rates will be January 1 ❑ More predictable budgeting for us and our customers. Discussion • Adopt rates every two years ❑ More predictable budgeting for us and our customers ❑ Adopt two rates with effective dates one year apart or one rate that is effective for two years. Discussion • Establish Separate Storm Water Rate — Begin systematic review in the November/December timeframe ❑ Allows staff time to benchmark against other communities and develop alternatives Questions? AGENDA MEMORANDUM City Council Meeting of May 26, 2015 DATE: TO: THRU: May 21, 2015 Ronald L. Olson, City Manager Gustavo Gonzalez, Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com 826-3897 FROM: Valerie H. Gray, P.E. Executive Director of Public Works valerieg@cctexas.com 361-826-3729 UPDATE TO CITY COUNCIL Job Order Contract Construction Program STAFF PRESENTER(S): Name Valerie H. Gray, P.E. J.H. Edmonds, P.E. Jerry Shoemaker, P.E. OUTSIDE PRESENTER(S): None BACKGROUND: Title/Position Executive Director Director Senior Project Manager Department Public Works Capital Programs Capital Programs This presentation will provide City Council discussion regarding the Job Order Contract program. It is for informational purposes only and no action is required. LIST OF SUPPORTING DOCUMENTS: Informal Staff Report • Attachment One Project List 2014 • Attachment Two Project List 2015 • Attachment Three Agenda Memo dated February 10, 2015 INFORMAL STAFF REPORT MEMORANDUM To: Thru: Ronald L. Olson, City Manager Margie C. Rose, Deputy City Manager Gustavo Gonzalez, P.E., ACM, Public Works & Utilities Valerie H. Gray, P.E., Executive Director of Public Works Jeff H. Edmonds, P.E., Director of Capital Programs From: Jerry J. Shoemaker, P.E., Senior Program Manager Date: May 21, 2015 Subject: Job Order Contracting (JOC) Issue: At the May 12th and 19th City Council meetings, Mayor and Council requested staff to provide a memo about the Job Order Contracting (JOC) Program, including a list of the JOC projects in the last two years, including contractor name, change orders (CO) and CO amounts. Background & Findings: The United States Department of Defense developed the Job Order Contracting Method in order to streamline and expedite procurement of facilities maintenance and construction -related services. JOC Programs have subsequently been adopted by a wide range of public agencies. The JOC Program utilizes an "on-call" general construction contractor on an as -needed basis to perform minor construction, repair, rehabilitation or alteration of facilities. Agency audits of JOC Programs have demonstrated that properly managed programs significantly reduce procurement times, produce cost savings and also increase the quality of construction work. Authority for Job Order Contracting. Under Section 2269.401 of the Texas Government Code, "A governmental entity may award Job Order Contracts for the minor construction, repair, rehabilitation, or alteration of a facility if the work is of a recurring nature but the delivery times are indefinite and indefinite quantities and orders are awarded substantially on the basis of pre -described and pre -priced tasks." Applicability of JOC's to Buildings. JOC's apply only to a facility that is a building, the design and construction of which is governed by accepted building codes, or a structure or land, whether improved or unimproved, that is associated with a building. JOCs do not apply to, and cannot be used to construct or repair: 1 (1) a highway, road, street, bridge, utility, water supply project, water plant, wastewater plant, water and wastewater distribution or conveyance facility, wharf, dock, airport runway or taxiway, drainage project, or related type of project associated with civil engineering construction; or (2) a building or structure that is incidental to a project that is primarily a civil engineering construction project. Contractual Structures, JOC Master Agreements. The contractual structure for the JOC Method involves an underlying JOC Master Agreement plus the individual job or task work orders that are issued pursuant to and using the set terms of the Master Agreement. A JOC Master Agreement does not define actual, individual jobs but normally awards a potential maximum amount of work over the term of the Master Agreement. For example, a Master may have an annual maximum of $2 million or more, however, there is no minimum guaranteed amount of work orders that must be issued, and no guaranteed minimum dollar amount. As a result, the JOC contractor is not guaranteed any level of revenue. The contractor shall provide performance and payment bonds (1) if required by law, based on the amount or estimated amount of any job order; or (2) if otherwise required by the City regardless of the estimated amount of a job order. At a minimum, the JOC Contractor will be required to provide a payment bond on all job orders that exceed $25,000 and a performance bond on all job orders that exceed $50,000. The JOC Master Agreement The JOC Master Agreement contains the maximum aggregate price, but no guarantee of any price. When Council approves a JOC Master Agreement, Council is approving all of the job, task or purchase orders that will be issued under that JOC Master Agreement that do not exceed $500,000, up to the maximum aggregate amount. The JOC Master Agreement sets the pre -described and pre -priced tasks, aggregate contract ceiling, types of tasks that can be issued and general contractual terms for the life of the JOC contract. Benefits of the JOC Program. JOC streamlines the construction procurement process by establishing an overriding Indefinite Delivery Indefinite Quantity (IDIQ) agreement with purchase or delivery orders based on specific projects as needed. The JOC process streamlines procurements, expedites project delivery, improves cost effectiveness, improves quality and reduces change orders. This process is extremely flexible, allowing scope and cost to be accurately detailed BEFORE award. The following are important benefits of using the JOC method: 1. Allows a better defined scope with cost for the customer. 2. Allows Early Contractor Involvement (ECI) that provides an efficient means of designing and planning infrastructure projects in a cost-effective, more efficient and less adversarial structure that should increase transparency and therefore reduce risk, increase shared responsibility and limit the reasons for change orders and litigation. 3. Construction contract award can be accomplished in weeks instead of months. 4. The engineering and design efforts are simplified and better coordinated directly with the contractors reducing unneeded documentation to save additional time, and cost. 5. Each delivery order is a stand-alone contract. Additional Delivery Order awards are based specifically on the contractor's performance, cost and the needs of the City of Corpus Christi. The requirement for sustained performance by the contractor provides real value and continued opportunity for partnering and improved project delivery, benefiting both parties. 6. Change Orders are minimized as the contractor is required to conduct detailed site visits, review the requirements and participate in the scope development submitting a proposal. Pricing. A major element of the JOC contracting process is the use of a unit price book (UPB), which provides preset costs for specific construction tasks. The unit price book can cover nearly every construction, repair or maintenance task, whether it's replacing air filters, installing carpeting, replacing windows or doors, or even 2 painting or it can be limited to specific areas of work or a particular trade. If a task is not in the UPB, it can be negotiated, priced and added at any time to the book. Like most entities, the UPB the City uses is the industry standard known as the RS Means. RS Mean's provides detailed costs for construction materials, labor and equipment with a local area cost factor throughout the Country. JOC Awards are based on contractors offering the best -discounted factor to RS Means' published costs. JOC contractors are selected on qualifications, performance, and best value basis in conjunction with a price factor / bid of one or more coefficients. As part of its proposal, the contractor submits a coefficient (a multiplier) to be applied to the preset unit prices appearing in the RS Means book. The coefficient must include not only the contractor's overhead and profit, but also any adjustment that may be needed to the RS Means prices based on the contractor's costs in our local area (which are functions of labor costs, subcontractor base, market conditions and client -specific conditions). The project cost is determined using published unit prices multiplied by the item quantity. The price is then factored by multiplying by the individual JOC contractor's coefficient. Price for each project /job order- basic calculation: Pre-set unit prices (with City indices) X Quantity X Coefficient JOC Process. When a potential need is identified for a JOC project, the program proceeds according to the following steps: 1. Conduct a scope meeting with the operating department to review and discuss the work and the construction schedule (City Staff). 2. Prepare a draft scope of work with in-house personnel or Architect/Engineer (AE), if required. 3. Determine a recommended contractor from available JOC approved contractors. The selection is based on contractor capacity, past performance within the program, contractor cost coefficient, specialized trade requirements (Roofing, HVAC, etc.) and other relevant factors. 4. Issue request for proposal from the recommended contractor. 5. Conduct an on-site scope meeting with City Staff, AE (if required), and the contractor for review and detailed discussions regarding the work, construction schedule, work hours, and other related factors. 6. Contractor prepares a formal proposal with approved unit prices from the RS Means, quantities, construction schedule, list of subcontractors and other required documents. 7. City JOC Project Manager reviews the price proposal verifying scope, quantities, unit cost, contractor cost coefficient, and schedule with subsequent negotiations/revisions as required. 8. Delivery Order is reviewed and approved by Senior Program Manager and Director of Capital Programs based on the approved scope of work under the "Master JOC Agreement" that contains the coefficient and basic terms. 9. If over $500,000, the Delivery Order is submitted to Council for approval. 10. Notice to Proceed is issued upon verification of required Bonds and Insurance. 11. Work commences with periodic City Inspection and progress meetings as required. 12. Final inspection, closeout and warranty exercised. Please note that for the initial performance, all of the selected contractors will receive awards to allow Staff to evaluate of each contractor's responsiveness and contract administration including proper use of the RS Means (Price Book), construction performance, and quality. This is managed with small low risk projects. Only through this way can Staff properly evaluate the contractors to be prepared to execute future Delivery Orders. Additionally, Staff will periodically compete Delivery Orders between two or more of the contractors to allow alternate proposals for the material selections, means and methods, and schedules to achieve overall cost effectiveness of the project within the best interest of the City. This is not on a frequent basis to avoid overtasking contractors that unfairly increases administrative cost to the contractors that will not be reimbursed. However, this allows the maximum fairness and cost efficiency of the program. 3 Introduction of the JOC Program. The first JOC program began in approximately 2006 as a one-year Pilot Test case implemented through the Texas Cooperative Procurement Network (TCPN), a cooperative state wide program specifically competed for such programs within Local Government and School Districts. Centennial Contractors, Inc. of San Antonio, Texas was the contractor utilized under the TCPN. Based on the success, the City issued a stand- alone JOC Program to avoid unnecessary administrative fees of the cooperative program and provide local contractors an opportunity to participate. In January 2007, the City of Corpus Christi issued an RFP (2007-01) for JOC contractors with a 3 -year performance period (base year plus two 1 -year options) that expired in 2010. This enabled the City of Corpus Christi to more effectively target local contractors, including minority/minority business enterprises and Historically Underutilized Businesses (HUB) contractors. Six contractors submitted proposals; however, one proposal was received late and was returned unopened. After evaluation by staff and the selection committee, it was recommended to pursue JOC contracts with two contractors: 1. Alpha Building Corporation, San Antonio, Texas with a local office at 6300 Ocean Drive, Corpus Christi, Texas, 78412, and 2. Nuway International Inc., 2621 Holly Road, Corpus Christi, Texas, 78415 In 2009, the RFP was again advertised for new competition with a 3 -year performance period (base year plus two 1 -year options) that expired in 2012. Six contractors submitted proposals and after evaluation by staff and the selection committee, it was recommended to pursue JOC contracts with two contractors: 1. Alpha Building Corporation, San Antonio, Texas with a local office at 6300 Ocean Drive, Corpus Christi, Texas, 78412, and 2. Barcom International Inc., 5826 Bear Lane, Drive, Corpus Christi, Texas, 78405 In 2012, the RFP was advertised for new competition with an extended 5 -year performance period (2 -year base with three 1 -year options). Five contractors submitted proposals and after evaluation by staff and the selection committee, it was recommended to pursue JOC contracts with two contractors: 1. Barcom International Inc., 5826 Bear Lane, Drive, Corpus Christi, Texas, 78405, and 2. CAS Companies, 4402 Congressional, Corpus Christi, Texas, 78413 Attached is a summary listing of the JOC contracts from 2014 and 2015. Most Recent JOC RFP and Awards. Mid -year 2014, Barcom Commercial, Inc. was the only JOC contractor under a Master Agreement with the City recommended for additional work. On October 8, 2014, Capital Programs issued a Request for Proposals (RFP) for JOC contractors. In February 2015, City Council authorized execution of four (one to each) Master Agreements for JOC for a two-year base term (with option to renew administratively for up to three one-year periods), with no guaranteed minimum and a maximum aggregate of $2,000,000 per vendor in any one year. Additionally, as provided under State law, all work or task orders (little JOCs) issued under the Master and not exceeding $500,000 may be approved administratively. The February 10th Council Agenda Memo is attached for your convenience. Seven respondents submitted proposals, four of which were deemed administratively complete and sent for review by a Selection Committee. The other three proposals contained material omissions and were deemed nonresponsive. The Selection Committee evaluated each proposal based on the following criteria: 1. Experience, Background, Qualifications (40%) 2. Proposal Plan (20%) 3. Price (proposed coefficients) (20%) 4 4. Local Business/Historically Underutilized Enterprise Participation Program (20%) The panel selected the most highly qualified contractors with proposals that offered the best value to the City. • Alpha Building Corporation • Cruz Maintenance & Construction, Inc. (CMCI) • Haeber Roofing Company • JE Construction Services The following is the ranking matrix of the successful contractors: Firm Quals Proposal Plan Price (Coefficient) - Standard Hours vs. After Hours Small Business Goals Alpha Building 40 20 1.05/1.13 20 CMCI 39 19 0.95/1.05 20 Haeber Roofing 40 18 1.0/1.2 20 JE Constr. Serv. 32 19 1.15/1.3 20 Next Steps: Continue the JOC process to achieve the most efficient and cost effective delivery of JOC candidate projects. 5 ‘51 Corpus Chr sti Capital Programs Job Order Contracts Construction Program Council Presentation June 9, 2015 Job Order Contracts (JOCs) Corpus Chr sti Capital Programs ➢ Background, Applicability and Authority ➢ Benefits of JOC ➢ Pricing ➢ Process ➢ City JOC RFP and Awards ➢ Pilot Program (2005-2006) through TCPN ➢ City RFP's 2006, 2009, 2012 and 2014 ➢ 2014 JOC RFP and Contractor Evaluation and Award Job Order Contracts (JOCs) Corpus Chr sti Capital Programs ➢ Background, Authority and Applicability • Developed by Dept of Defense and adopted by wide range of Public Agencies • Applies to "Facilities", not streets, utilities, runways, etc. • Texas Govt Code 2269.4001 authorized JOC for minor construction, repair, rehab or alteration of facilities • Master Agreement states maximum aggregate price is $2 MIL per year per contractor, with " guarantee of any work or price Job Order Contracts (JOCs) 1) Corpus Chr sti Capital Programs ➢ Benefits ofJOC • Better defined scope and cost before award • Early Contractor Involvement (ECI) • Construction contract award time reduced ("real time") • Simplified engineering and design efforts • Delivery Orders based on the contractor's capacity, specialty, performance, and cost • Minimized Change Orders YEAR 2011 2012 2013 2014 2015 Change Orders 3.7% 5% 0.5% 0% 0% (to date) Job Order Contracts (JOCs) Corpus Chr'sti Capital Programs ➢ Pricing • Based on RS Means Unit Price Book and the contractors best - discounted rates applied as follows: Pre-set unit prices (with City indices) x Quantity x Coefficient ** Note: The lowest Contractor Cost Coefficient does NOT always result in the lowest overall price or quality of work. Price can be influenced by material selections, construction means and methods, and specific RS Means Line Items (Systems, Components and Individual parts). Therefore, periodic competition is used to allow the approved contractors to develop most cost effective and efficient proposals within the defined scope and RS Means. 5 Job Order Contracts (JOCs) Corpus Chr'sti Capital Programs ➢ Process • Scope review with Staff and Operating Dept • Delivery Order scope prepared In-house or by Engineer, if required • Contractor selected based on capacity, past performance within the program, cost coefficient, and other relevant factors. • RFP for Delivery Order issued to contractor • Joint detailed on-site scope visit and meeting with Contractor • Contractor submits formal proposal • City PM reviews proposal • Senior Program Manager and Director of Capital Programs approve Delivery Order • Delivery Orders over $500,000 require City Council approval • Notice to Proceed issued after Bonds and Insurance approved • Work commences and inspected • Final inspection, closeout and warranty exercised Job Order Contracts (JOCs) Corpus Chr'sti Capital Programs ➢ City JOC RFP and Awards • Pilot Program (2005-2006) through Texas Cooperative Purchasing Network (TCPN) with Centennial Contractors • City issued RFP's 2006, 2009, 2012 and 2014 JOC RFP 2007 Alpha Building Nuway International JOC RFP 2009 Alpha Building Barcom International JOC RFP 2012 ** Barcom International CAS Companies JOC RFP 2014 Alpha Building Haeber Roofing Company Cruz Maint & Constr, Inc. (CMCI) JE Constr Sery Barcom Intl. is still active from the 2012 RFP Job Order Contracts (JOCs) Corpus Chr'sti Capital Programs ➢ 2014 JOC RFP and Contractor Evaluation and Award Selection Committee Evaluated Proposals On: • Experience, Background, Qualifications (40%) • Proposal Plan (20%) • Price (Proposed Coefficients) (20%) • Local Business/Historically Underutilized Enterprise Participation Program (HUB) (20%) Firm Quals Proposal Plan Price (Coef.) - Standard Hours vs. After Hours Small Business Goals Alpha Building 39 19 1.08 / 1.13 10 19 CMCI 36 18 .95 / 1.05 19 20 Haeber Roofing Co. 36 17 1.0 / 1.2 17 19 JE Construction Services 28 17 1.15 / 1.30 9 20 Barcom Coefficients (1.05/1.07)— selection in 2012 Job Order Contracts Corpus Chr sti Capital Programs Questions? 2014 JOC PROJECTS Contractor Contract Cost CO #1 CO #2 CO #3 CO #4 Total (incl. CO's) NTP Barcom Streets and Solid Waste Storage Building w/Slab (New Facility) $ 342,200.90 $342,200.90 1/24/2014 Barcom Fire Station Porch Enclosure $ 4,754.27 $4,754.27 CAS Parker Park Swimming Pool Reconstruction $ 383,857.00 $383,857.00 CAS Laguna Madre WWTP Stucco Repairs $ 11,384.00 $11,384.00 2/18/2014 CAS Whitecap WWTP Fascia Repairs $ 43,113.86 $43,113.86 3/20/2014 CAS City Hall 1st FI. Ceiling Replacement $ 3,547.21 $3,547.21 1/9/2014 CAS Packery Channel Misc. Improvements -Windward $ 24,489.90 $24,489.90 3/13/2014 Barcom ABC Ctr Loading Dock Assessment Repairs $ 40,267.42 $40,267.42 2/14/2014 Barcom Corpus Christi Beach House $ 338,111.49 $338,111.49 1/21/2014 Barcom CCFD Warehouse Roof Repairs $ 13,830.74 $13,830.74 2/18/2014 CAS ON Stevens Pump Station Window Repairs $ 46,820.05 $46,820.05 3/14/2014 Barcom ON Stevens DNA Lab Wall $ 15,798.89 $15,798.89 3/10/2014 CAS Dulak Memorial Plaques Base Const $ 47,991.66 $47,991.66 3/20/2014 Barcom Rotanda Room New Wall Panels $ 7,000.77 $7,000.77 3/14/2014 Barcom Fire Station No. 2 Vent Hood Replacement $ 7,630.02 $7,630.02 9/23/2014 Barcom Fire Station VCT Flooring Replacement $ 3,921.76 $3,921.76 7/3/2014 Barcom Sunrise Beach Trailer Roof and Carpet $ 26,655.22 $26,655.22 7/3/2014 CAS Health Dept. New Gym Showers Installation $ 11,207.22 $11,20722 7/11/2014 Barcom CC Police Administration Bldg Addition Roof Replacement $ 240,214.82 $240,214.82 Barcom UBO office Enclosure $ 12,524.67 $12,524.67 8/5/2014 Barcom Whitecap WWTP Security Fence $ 25,818.40 $25,818.40 9/20/2014 Barcom ABC Selena Dressing Room Renovations - Construction $ 438,218.87 $438,218.87 12/4/2014 Barcom ON Stevens Fitter Building Roof Repairs $ 251,546.92 $251,546.92 4/1/2015 GRAND TOTAL= $ 2,340,906.06 $2,340,906.06 Barcom CAS TOTAL $1,768,495.16 $572,410.90 $2,340,906.06 2015 JOC PROJECTS Contractor Contract Cost CO #1 CO #2 CO #3 CO #4 Total (incl. CO's) NTP Barcom Wesley Seale New Storage Shed $ 22,635.94 $22,635.94 5/19/2015 Barcom Health Dept. Gym Showers Mold Removal $ 9,99625 $9,996.25 3/3/2015 CAS Health Dept. Shower Room Asbestos Abatement $ 5,144.50 $5,144.50 5/20/2015 Barcom Ethel Eyerly Senior Center New HVAC $129,167.02 $129,167.02 pending Barcom Miradores Repair and Restoration $318,162.38 $318,162.38 pending NEW JOC CONTRACTOS SELECTED - APPROVED FEB. 2015 CMCI ON Stevens Storefront Server Enclosure $ 12,203.80 $12,203.80 3/31/2015 CMCI Fleet Maintenance Heavy Equipment Shop Roof $ 268,560.75 $268,560.75 Alpha Fire Station No. 10 - Replace Drain Lines $ 10,994.09 $10,994.09 5/18/2015 Alpha Fire Station No. 9 - Drain Lines Repair $ 4,868.83 $4,868.83 5/18/2015 Barcom Fire Station No. 13 - Locker Repairs $ 1,586.12 $1,586.12 Haeber Fire Staion No. 16 - Ridge Cap Replacement $ 1,966.10 $1,966.10 5/13/2015 Alpha Fire Station No. 5 New Gate & Station No. 12 Door Repairs $ 2,724.65 $2,724.65 CMCI CCIA Terminal Canopy New Paint $ 138,046.85 $138,046.85 5/14/2015 Barcom Oso Bay Park Development Playground Equipment (PENDING) $0.00 $0.00 $0.00 $0.00 $0.00 GRAND TOTAL= $ 926,057.28 $926,057.28 Barcom CAS CMCI Alpha Haeber JE Constr Tota $ 481,547.71 $ 5,144.50 $ 418,811.40 $ 18,587.57 $ 1,966.10 $ 926,057.28 AGENDA MEMORANDUM Future item for the City Council Meeting of February 10, 2015 Action item for the City Council Meeting of February 17, 2015 DATE: February 4, 2015 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 CAPTION: Jerry Shoemaker, P. E., Acting Director of Capital Programs jerrys2@cctexas.com (361) 826-3516 Approval of Master Agreements Job Order Contracting (JOC) for the Minor Construction, Repair, Rehabilitation, and Alteration of Facilities Motion authorizing the City Manager or designee to execute a Master Agreement for Job Order Contracting (JOC) for a two-year term with option to renew administratively for up to three one-year periods, with no guaranteed minimum and a maximum aggregate of $2,000,000.00 in any one year; authorizing the City Manager or designee to execute all Job Order Contracts thereunder not exceeding $500,000.00 with the following: • Alpha Building Corporation • Cruz Maintenance & Construction, Inc. • Haeber Roofing Company • JE Construction Services PURPOSE: The purpose of this Agenda Item is to obtain authority to award and execute four (4) Job Order Contract Master Agreements for minor construction services and repair of city facilities on an as -needed basis. BACKGROUND AND FINDINGS: On October 8, 2014 the Department of Capital Programs issued a Request for Proposals (RFP) No. 2014-07 City of Corpus Christi Job Order Contracting (JOC) for Minor Construction, Repair, Rehabilitation, and Alteration of Facilities. The RFP was posted online at www.publicpurchase.com. The Department of Capital Programs coordinated all activities. The following seven (7) respondents submitted Proposals: 1. AJ Commercial Services, Inc. 2. Alpha Building Corporation 3. Cruz Maintenance & Construction, Inc. 4. Discount A/C & Heating 5. Gomez General Construction, LLC 6. Haeber Roofing Company 7. JE Construction Services Four (4) of the respondent's proposals were deemed administratively complete and reviewed by the Selection Committee: 1. Alpha Building Corporation 2. Cruz Maintenance & Construction, Inc. 3. Haeber Roofing Company 4. JE Construction Services Three (3) of the respondent's proposals were administratively incomplete for material omissions, and deemed as nonresponsive: 1. AJ Commercial Services, Inc. 2. Discount A/C & Heating 3. Gomez General Construction, LLC. The Selection Committee evaluated each proposal based on the following criteria: 1. Experience, Background, Qualifications (40%) 2. Proposal Plan (20%) 3. Price (proposed coefficients) (20%) 4. Local Business/Historically Underutilized Enterprise Participation Program (20%) The panel selected Alpha Building Corporation, Cruz Maintenance & Construction, Inc., Haeber Roofing Company, and JE Construction Services as the most highly qualified contractors with proposals that offered the best value to the City. Comments: Award of the four (4) proposed Job Order Contracting Master Agreements as proposed will allow the City to employ this alternative delivery method with either contractor of maximum efficiency. Benefits include: ➢ A better defined scope with cost for the customer. ➢ A more cost efficient and timely delivery of routine work. ➢ As each delivery order is a stand-alone contract, awarding a contractor future jobs can be based on the contractor's performance during the previous job. ➢ Change Orders are minimized. ALTERNATIVES: 1. Award a JOC Master Agreement to neither Alpha Building Corporation nor Cruz Maintenance & Construction, Inc. nor Haeber Roofing Company nor JE Construction Services. 2. Award a JOC Master Agreement to Alpha Building Corporation only. 3. Award a JOC Master Agreement to Cruz Maintenance & Construction, Inc. only. 4. Award a JOC Master Agreement to Haeber Roofing Company only. 5. Award a JOC Master Agreement to JE Construction Services only. OTHER CONSIDERATIONS: The JOC Program is a solution — a method for dealing with a certain volume of recurrent facilities work that demands rapid project deployment. The process and workflow of the JOC Program should be permitted to meet that demand. Acknowledging this, the Texas Legislature amended the Government Code to provide that, for Job Order Contracts, the governing body of governmental entity shall approve each job, task, or purchase order that exceeds $500,000. Tex. Gov't Code Sec. 2269.403(c). By approval of these JOC Master Agreements, Council is approving the job orders to be issued under them that do not exceed $500,000, based on the set coefficients and unit prices, for no guaranteed minimum, and for a maximum aggregate amount of $2,000,000 in any one year. For any job that will exceed $500,000, that "job order contract" will be brought to you for your consideration and approval. The approval recommended by staff is provided for under our Government Code and will allow the JOC Program to function without interjecting further administrative requirements that would defeat its very purpose. CONFORMITY TO CITY POLICY: Conforms to city policy relating to RFP's and competitive sealed proposals, Chapter 2269 of the Texas Government Code relating to Job Order Contracts, and Section 2, Article X, City Charter related to contracts. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Not applicable FINANCIAL IMPACT: Fiscal Year 2014-2015 Project to Date Expenditures Current Year Future Years TOTALS Budget $0.00 $0.00 $0.00 $0.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 $0.00 This item $0.00 $0.00 $0.00 $0.00 Future Anticipated Expenditures This Project $0.00 $0.00 $0.00 $0.00 BALANCE $0.00 $0.00 $0.00 $0.00 Fund(s): Not applicable RECOMMENDATION: City staff recommends a JOC Master Agreement be awarded to Alpha Building Corporation, Cruz Maintenance & Construction, Inc., Haeber Roofing Company, and JE Construction Services, for a two- year term with option to renew administratively for up to three one-year periods, with no guaranteed minimum and a maximum aggregate of $2,000,000.00 in any one year; authorizing the City Manager or designee to execute all Job Order Contracts thereunder not exceeding $500,000.00. LIST OF SUPPORTING DOCUMENTS: Master Agreement - Alpha Building Corporation Master Agreement - Cruz Maintenance & Construction, Inc. Master Agreement - Haeber Roofing Company Master Agreement - JE Construction Services AGENDA MEMORANDUM City Council Meeting of June 9, 2015 DATE: TO: May 6, 2015 Ronald L. Olson, City Manager FROM: Eddie Ortega, HCD Director EddieO@cctexas.com 361-826-3234 Consolidated Annual Action Plan FY2015 STAFF PRESENTER(S): Name Title/Position 1. Eddie Ortega Director 2. 3. OUTSIDE PRESENTER(S): Department Housing & Community Development Name Title/Position Organization 1. 2. 3. BACKGROUND: City Council Presentation/Workshop to provide an overview of the FY2015 Consolidated Annual Action Plan process to include eligible activities, proposed activities and evaluation criteria. LIST OF SUPPORTING DOCUMENTS: PowerPoint — Consolidated Annual Action Plan FY2015 Overview CDBG Attachment "D" ESG Attachment "D" HOME Attachment "D" INFORMAL STAFF REPORT MEMORANDUM To: Ron L. Olson, City Manager Thru: Susan Thorpe, Assistant City Manager From: Eddie Ortega, Housing and Community Development Director Date: June 4, 2015 Subject: Proposed FY2015-2016 Consolidated Annual Action Plan (CAAP) Issue/Problem For the FY2015 CAAP, the Housing and Community Development (HCD) Department continues to utilize a process which evaluated and prioritized all Request for Proposals which were eligible for CDBG, ESG, and HOME funding. Applications were evaluated on the following criteria: • Alignment of the HCD 5 year Consolidated Action Plan • Clarity and Completion of RFP • Administrative and Financial Capacity/Priority • Project Readiness • Collaboration/Leverage • Timely use of prior and current year funds An evaluation of all applications was conducted by HCD staff utilizing the aforementioned criteria, which resulted with the ranking of each project. The projects were then prioritized for available funding based on the ranking number assigned to the project. This process was developed primarily to provide methodology to the recommendation process which was necessitated in order to make available funding fair and equitable. Additionally, it will allow agencies to complete proposed projects and will enable internal departments that manage HUD Grants to maintain operational requirements to adhere to regulatory mandates with the limited funding that is available due to reductions in available funding by HUD. Background & Findings The City of Corpus Christi has received official notification from the U.S. Department of Housing and Urban Development (HUD) of the FY2015-2016 funding allocation for the following programs. $2,460,214 Community Development Block Grant (CDBG) $ 228,138 Emergency Solutions Grant (ESG) $ 837,740 HOME Investment Partnerships Program (HOME) It is important to note that for FY2015-2016, CDBG will experience a 3.8% reduction, ESG will experience a 2.9% increase, and HOME will experienced a 14% reduction from prior year funding, based on the entitlement funding which will be received from HUD. An additional $1,085,000 generated from the Revolving Rehabilitation Loan Program will be made available to the Affordable Housing Programs which are administered by the Housing and Community Development Department. Additionally, $40,000 generated from Program Income for the Demolition Liens Program ($25,000) and Property Clearance Program ($15,000) will be made available to the CDBG Program for continued funding of these programs. Additional funding in the amount of $496,930 which was recaptured from previously funded projects that were unspent, have been made available to be reprogrammed to augment funding levels for the upcoming FY2015-2016 CDBG program allocations for a total funding level of $4,082,144. Since 1975, the City of Corpus Christi has received funding for its CDBG Programs in excess of 173.7 million, of which approximately 19.9 million has been income generated by various programs administered by the Housing and Community Development Department. The ESG Program will have an allocation amount of $228,138 for FY2015-2016. The intent of the ESG Program is to provide funding to providers of Homeless services to defray the cost of operations and maintenance of local Emergency Shelters in addition to provide funding for rehabilitation, counseling, training and other essential Homeless Prevention and Rapid Re- housing activities. Commencing in 1987, the City of Corpus Christi has received in excess of $3.9 million in funding for ESG services. The HOME Program will have an allocation amount of $837,740 as a funding level from entitlement funds to be received, with an additional $100,000 being made available for reprogramming from previously funded recaptured program funds for a preliminary estimated funding amount of $937,740 for the FY2015-2016 Budget Year. The HOME Program was initiated in 1992 with the mandate to increase and improve affordable housing opportunities; HOME funds totaling $35.9 million have been utilize to fund Rental and Home Ownership programs in addition to the rehabilitation and reconstruction of affordable housing within the City of Corpus Christi. Of the $35.9 million in HOME funding, approximately $4.3 million of those funds have been made available from previous loans as generated program income; these funds have been utilized to augment available funding. The FY2015 CAAP represents the third annual action plan of the developed five-year (FY2013- FY2017) Consolidated Plan and is the application for HUD for funding for the CDBG, ESG, and HOME Programs. The FY2015 CAAP describes the activities and projects to be assisted with funds received under CDBG, ESG, HOME, and other HUD/Non-HUD programs that help to meet housing and community developed objectives. On December 16, 2014, the City Council adopted a timetable that provides for public hearings during Technical Assistance Workshops which were held on February 4, and February 12, 2015 to be followed by the City Council public hearing on June 16, 2015. Citizens' public comment period begins on June 22, 2015 and ends July 24, 2015, for the FY2015 CAAP. Subsequently, adoption of the CAAP is scheduled for June 23, 2015, allowing timely submission of the program to HUD. The proposed FY2015 CAAP has been developed according to HUD regulations. Staff will be making a brief presentation to the City Council at the opening of the Public Hearing so that staff may outline the FY2015-2016 CAAP's eligibility criteria for the programs and staff's recommendations. Housing and Community Development held four Technical Assistance Workshops on January 7, 2015 and February 4, 12, and 18, 2015, and two Technical Assistance Workshops which included a Public Hearing on February 4 and 12, 2015. Also held were two Neighborhood Meetings, in conjunction with Technical Assistance Workshops, on February 12 and 18, 2015 at Corpus Christi City Hall. The public hearing date with City Council was also disclosed at this time. Conclusion In order to best manage the funds allocated to the City of Corpus Christi, it was also determined that funds would be "set-aside" for the Community Development Block Grant (CDBG) and the HOME Investment Partnerships Program (HOME) and earmarked for the City's operational component of those funds requested. These "set-aside" funds were determined to be essential funded categories for those specific requested activities and furthermore comply with City Council Policy No. 9. For the purpose of effectively operating those specified staff recommended activities, it was deemed pertinent to not remove or reduce the recommended funding for those inter -department CDBG and HOME activities. In the case of CDBG Non -Profit proposed projects, the funding recommendations are open to reduction or deletion; however staff was also involved in the evaluation, ranking, and prioritization of all proposed projects. The City Council does have the authority to agree with Staff Recommendation or make changes to those recommendations accordingly. HOME non- profit projects will be determined no later than October 1, 2015 upon the decision by the Texas Department of Housing and Community Affairs and their award of for Low Income Housing Tax Credits. Upon the completion of the FY2015 CAAP process, City Council must adopt the FY2015-2016 CAAP and the funding amounts. CITY COUNCIL PRESENTATION Consolidated Annual Action Plan FY2015-2016 Council Presentation June 9, 2015 Consolidated Annual Action Plan • Consolidated Annual Action Plan (3rd year of 2013-2017 Consolidated Plan) - Plan used to address the goals and objectives of the City's 5 year Consolidated Plan. • Continuation on the City's proposed plan to meet the priority needs and specific goals identified by the Consolidated Plan CITIZEN PARTICIPATION PROCESS • To advise the public of funding availability, Housing and Community Development held: o Four Technical Assistance Workshops ■ January 7, 2015 ■ February 4, 2015 ■ February 12, 2015 ■ February 18, 2015 o Two Public Hearings ■ February 4, 2015 ■ February 12, 2015 ENTITLEMENT FUNDING RECEIVED • Community Development Block Grant (CDBG) Program - $2,460,214 • Emergency Solutions Grant (ESG) Program - $228,138 • HOME Investment Partnerships (HOME) Program - $837,740 ADDITIONAL FUNDS • CDBG Program Income: o Single Family Revolving Loan Program - $1,085,000 o Demolition Program - $25,000 o Clearance of Vacant Properties - $15,000 • CDBG Reprogrammed Funds - $496,930 • HOME Reprogrammed Funds - $100,000 CDBG AND HOME FUNDING REQUEST EVALUATION PROCESS 1. Staff assignment and review of RFP 2. Site review (if applicable) 3. Alignment with HCD's 5 Year Consolidated Plan 4. Clarity and Completion of RFP 5. Administrative Capacity / Financial Capacity 6. Project Readiness 7. Capital Contribution / Leverage 8. Evaluation of Prior Year Funding ESG FUNDING REQUEST EVALUATION PROCESS 1. Staff assignment and review of RFP 2. Alignment with HCD's 5 Year Consolidated Plan 3. Organizational Capacity and Experience 4. Evidence of Need for Service 5. Statement of Work / Service Plan 6. Budget and Financial Management NEXT STEPS • City Council Review and Discussion — June 16, 2015 -Public Hearing and Review/Discuss Staff Recommendations; First Reading Ordinance — June 23, 2015- City Council approval of the FY2015 Consolidated Annual Action Plan; Second Reading Ordinance HOME PROGRAM TAX CREDIT DEVELOPMENTS • For the FY2016 funding year, HCD will include in the Pre -Application for HOME funding a list of "Mandatory" amenities which will be required in order to receive a Resolution of Support for the proposed project. • TDHCA "Mandatory" Amenities for Housing Tax Credit Developments RG -6/U COAX or better wiring and CAT3 phone cable in Laundry connections each room and living areas Screens on all operable windows Disposal and Energy -Star rated dish washer Energy -Star rated refrigerator Oven/Range Exhaust/vent fans in bathrooms At least one Energy -Star rated ceiling fan per unit Energy -Star rated lighting in all units Plumbing fixtures (toilets and faucets) Central heating and Air-conditioning Adequate parking spaces Blinds or window coverings for all windows HOME PROGRAM TAX CREDIT DEVELOPMENTS • Proposed City of Corpus Christi Mandatory Amenities — Full perimeter fencing — Equipped functioning computer learning center (1 per each 30 units) — Furnished community room — Community laundry room — Children's playscape area (where applicable) — Suggestions? ATTACHMENT ID" CITY OF CORPUS CHRISTI FY2015 ANNUAL ACTION PLAN RECOMMENDED FY2015 CDBG PROGRAM FY2015 CDBG Allocation Reprogrammed Funds Program Income from Demolition Liens and Property Clearance Program Income from Rehabilitation Program TOTAL FUNDS AVAILABLE FOR FY2015 CDBG PROGRAM $2,460,214 $496,930 $40,000 $1,085,000 $4,082,144 # PROJECT & DESCRIPTION Request 1 HCD - CDBG Program Administration (Community Dev. Division) This project will fund 6.25 FTE staff salaries and administrative costs: 1 Administrator, 1.75 -Sr. Management Assistants (1 at 100% and 1 at .75%), 3 -Contract Administrators (1 at 100% and 2 at 50%), and .50 Management Aide. Staff is responsible for administering the Community Development Block Grant (CDBG), the HOME Investment Partnership (HOME), and Emergency Solutions Grant (ESG) Programs. Staff interprets CDBG, HOME, and ESG federal regulations, conducts public hearings/meetings, reviews proposed projects and activities to determine funding and eligibility, monitors subrecipients for program compliance, provides technical assistance, conducts environmental assessments of funding projects/activities, and enforces Davis Bacon Federal wage rate requirements. The amount indicates 18% of allowed 20% of administrative costs. $460,000 2 HCD - Rehabilitation Services (Housing Division) This is the operating budget for 15 FTE staff that service the various housing programs administered by HCD: 1 -Director (at 60%), 1 -Program Manager, 1- Operations Supervisor, 1 -Administration Supervisor, 3 - Property Advisors, 4 -Loan Officers, 1 -Mortgage Servicing Aide, 1- Managment Assistant (at 40%), 1-Managment Aide, and 2 Sr. Staff Assistants. The staff manage and administer the Single Family Rehabilitation Loan Program, Minor Home Repair Grant Program, $10,000 Homebuyer Assistance Program, the Type A Homebuyer Program, and Mortgage Servicing which manages the servicing of 800 loans provided through the Single Family Rehabilitation Loan Program. Services include collection of loan payments, escrowing of insurance and property taxes, payment of insurance and property taxes, preparing end of year escrow analysis, and providing release of liens on loans that are paid off. Services provided include applicant in -take, loan processing, loan settlement, Homebuyer Education, construction monitoring, project estimating, and development of specifications and drawings. $840,112 3 HCD - Minor Home Repair Grant Program Minor repair grants up to $10,500 for repairs which include lead based paint testing as required by HUD regulations on houses built prior to 1978 . Repairs consist of roof repairs, plumbing electrical, heating, and minor structural repairs. Lead based activities may include actual work or testing required to meet the lead based paint requirements. Assistance through this program is provided to very low income homeowners who are 65 years old or older or disabled. Program Income - $60,000 Entitlement - $165,000 $225,000 1 # PROJECT & DESCRIPTION Request 4 HCD - Single Family Rehabilitation The Single Family Rehabilitation Loan Program benefits only low- and very low-income homeowners. The Program provides zero percent and three percent interest loans to homeowners interested in rehabilitating their homes. Funds requested will be used to provide rehabilitation and reconstruction loans; demolition grants; relocation grants and lead base paint grants for remedial activities. Rehabilitation Loan Program. Program Income - $825,000 $825,000 5 HCD - Appliance Replacement Grant Program The Appliance Replacement Grant Program is designed to provide energy efficient appliances for low- and very low-income homeowners. Eligible applicants will be homeowners already income and program approved and receiving assistance from either the Minor Home Repair Grant Program or the Single Family Rehabilitation Program. The grant will provide up to $6,000 per home which will cover the installation of energy efficient top load washer/dryer, refrigerator, and oven, as well as the removal of the existing non-working or energy efficient appliances. Program Income - $200,000 $200,000 6 Parks and Recreation - Play for All Playground at Salinas Park The Play for All Playground Project will bring Corpus Christi its first accessible full scale play structure featuring slides, swings, play decks, and interactive elements for youth of all ages and abilities. The fall zone will be a uniformed surface allowing access throughout the entire play zone. The site for the playground is located adjacent to the Miracle Field, a fully accessible ball field in Salinas Park. This placement will allow for the use of existing ADA accessible parking spots and sidewalks. This project will fall in line with the Parks and Recreation Master Plan of "Creating ADA accessible playgrounds and equipment" and "improvements at Community and Regional Parks". The proposed park will be a place where families who have children with differing abilities: physical, cognitive, sensory, social and communicative, can play together. $300,000 7 Police - Code Enforcement Program The Code Enforcement request is to fund staffing for salaries to support 6 full time employees (FTE's): 5-Code Enforcement Property Advisors (100%) and 1- Senior Account Clerk/Administrative Support (100%) which includes a total of $307,032. Funding will be for salaries and approximately $10,000 for training through classes, seminars and/or conferences for education opportunities, and for certifications required for code enforcement. The CE Property Advisors are responsible for the inspection of properties within CDBG eligible areas for violations of approximately seventy-five (75) health, safety, and welfare related City Codes. All CDBG eligible census tracts in the city meet, per Resolution, HUD's criteria for a deteriorating area and meet the national objective of serving the low income citizens. The Senior Account Clerk provides administrative support to the Code Enforcement Property Advisors by processing compliance requests through the mail and researching property owner's name and address. $307,032 2 # PROJECT & DESCRIPTION Request 8 Police - Demolition Program This program consists of the demolition of substandard structures determined to be health and safety issues and 51% or more deterioration of the general structure. The demolition of these structures is an abatement measure as deemed necessary by the Building Code and Public Safety Officials. The removal of unsafe structures is a priority for neighborhood revitalization within the community and as a goal established by City Council for livable neighborhoods. Each structure will be assessed and surveyed as building case, providing the property owner an opportunity to resolve the substandard conditions within the parameters of the City's Building Codes. The substandard structures will be demolished under the authority of a judge's ruling via Environmental Municipal Court and the Demolition Grant Program that allows the property owner to voluntarily agree to have their structure demolished. Program Income: $25,000; Entitlement: $175,000 $200,000 9 Police - Clearance of Vacant Properties Program This project consists of clearance of vacant properties in regards to the removal of accumulation of litter and solid waste and the mowing of high weeds and dangerous weeds; to include, abatement of unsightly and unsanitary matter in all CDBG eligible areas. The City may charge an abatement cost and place a lien against the properties to cover the cost incurred. Program Income: $15,000; Entitlement: $185,000 $200,000 10 ENG - Lantana St. CDBG Accessibility Improvements* Design and construction of sidewalks and ADA curb ramps along Lantana Rd. between Leopard St. and IH-37. A total of 10 new ADA curb ramps will connect to the existing sidewalk along the East side of Lantana. Approximately 1700 linear ft. of 5 ft. wide sidewalk to be built, bordered on both sides by header curb, with detectable warning panels indicating ends of sidewalk at driveways and cross streets. $200,000 11 ENG - Sunnybrook Rd. CDBG Accessibility Improvements* Design and construction of sidewalks and ADA curb ramps along Sunnybrook Rd. from Ayers Rd. to Dodd St. A total of 8 new ADA curb ramps will connect to the existing sidewalks on Archer Dr., Blundell Dr., Cheryl Dr., and Dodd Dr. Approximately 930 linear ft. of 5 ft. wide sidewalk to be built, bordered on both sides by header curb, with detectable warning panels indicating ends of sidewalk at driveways and cross streets. $200,000 12 ENG - Matlock St. CDBG Accessibility Improvements* Design and construction of sidewalks and ADA curb ramps along Matlock St. from Flour Bluff Dr. to Redmons St. A total of 11 new ADA curb ramps will connect to existing sidewalks on McDonald St., Weaver St., and Redmond St. Approximately 750 linear ft. of 5 ft. wide sidewalk will be built, with new curb and gutter, and ADA curb ramps along the N. side of Matlock St. $200,000 * Engineering Department currently holds $635,851.60 in FY2013 CDBG funding. 3 # PROJECT & DESCRIPTION Request CDBG NON-PROFIT ORGANIZATIONS 1 Amistad Community Health Center Funds requested will replace elevator and rehabilitate/renovate the second floor bathrooms to meet ADA requirements. The second floor will continue to expand and maintain direct services targeting the population of 200% below federal poverty guidelines. Second floor facility services include: behavioral health, marketplace enrollment, case management and health care education. Capital Contribution: $100,000 $200,000 2 The Salvation Army - Public Services The Salvation Army's Shelter and Food Program serves individuals and families with incomes of less than $15,000 per year who are homeless or at risk of homelessness. The request is for program costs of providing meals to the homeless and very low income individuals and families in the Salvation Army Shelter. Capital Contribution: $2,589,000 $25,000 3 Land Acquisition and/or Homeless Facility Rehabilitation Funding proposed will provide land acquisition and/or facility rehabilitation for the homeless individuals and families in Corpus Christi. The funding will provide a facility located inside the Corpus Christi city limits and will provide an array of services for homeless individuals and families. $300,000 4 Coastal Bend Center for Independent Living Project will provide wheelchair ramps and accessible home modifications to low income people with disabilities. Funds will supply a minimum of sixteen (16) homes with minor modifications to include wheel chair ramps and a minimum of four (4) homes with modifications to include, but not limited to: walk-in showers, grab bars, accessible toilets, door widening, accessible cabinets, sinks and toilets and chair lifts and other related accessible modifications in order to gain independence. $107,340 5 Sea City Work Camp The project will consist of the rehabilitation of homes in the Hillcrest area. The program will host over 300 high school youth and adult volunteers who will make housing repairs in low-income neighborhoods in Corpus Christi. The funds received will cover materials which will be used for the rehabilitation work. Labor is estimated on a volunteer basis. Fourteen (14) families have been identified to receive roofing, painting, new security front doors and ramps to their homes. Capital Contribution: $10,000 $80,000 Total Non -Profit $712,340 Total City Projects $4,157,144 Overall Total $4,869,484 4 ATTACHMENT "0" RECOMMENDED FY2015 EMERGENCY SOLUTIONS GRANT (ESG) PROGRAM FY2015 ESG Allocation $228,138 # PROJECT & DESCRIPTION Request 1 City of Corpus Christi - ESG Administrative Cost Administrative Cost is being requested to fund a staff person at .50 FTE for the overall administration of the Emergency Solutions Grant Program. These functions include the financial oversight, compliance, and technical assistance components of the program. $16,138 2 Catholic Charities of Corpus Christi Funding requested for the ESG Activity Component of Homeless Prevention -Case Management and short- and medium-term rental assistance. $30,000 3 Corpus Christi Hope House Funding requested for the ESG Activity Components of Emergency Shelter -Essential Services and Shelter Operations; Homeless Prevention -Case Management and short and medium term rental assistance; and Rapid Re -housing Case Management and short and medium term assistance. $22,000 4 South Texas Substance Abuse Recovery Services, Inc. Funding requested for the ESG Activity Component of Homeless Prevention -Case Management and short- and medium-term rental assistance. $30,000 5 Wesley Community Center Funding requested for the ESG Activity Component of Emergency Shelter -Essential Services and Shelter Operations. $10,000 6 Corpus Christi Metro Ministries Funding requested for the ESG Activity Components of Emergency Shelter -Essential Services and Shelter Operations; Homeless Prevention -Case Management and short- and medium term rental assistance; and Rapid Re -housing -Case Management and short - and medium term assistance. $30,000 7 The Salvation Army Funding requested for the ESG Activity Components of Emergency Shelter -Essential Services and Shelter Operations; Homeless Prevention -Case Management and short- and medium term rental assistance; and Rapid Re -housing -Case Management and short - and medium term assistance. $30,000 8 Mary McLeod Bethune Day Nursery, Inc. Funding requested for the ESG Activity Component of Emergency Shelter -Essential Services and Shelter Operations. $10,000 Overall Total** $178,138 * All ESG funding must be matched at 100% ** $50,000 will be set-aside to be combined with the CDBG Homeless Land Acquisition and/or Rehabilitation Project 1 ATTACHMENT "0" RECOMMENDED FY2015 HOME PROGRAM FY2015 HOME Allocation $837,740 Reprogrammed Funds $100,000 TOTAL FUNDS AVAILABLE FOR FY2015 HOME PROGRAM $937,740 # PROJECT & DESCRIPTION Request 1 HOME Administration/Technical Assistance Administrative funds for .75 FTE staff, planning, oversight, coordination, staff supervision, monitoring and evaluation, contracting, recordkeeping/reporting and overall program management. Staff training and administrative expenses are also included in request. Technical assistance will be provided to enhance the capacity of CHDO's, non -profits, owners/investors of rental property and other organizations that may participate in the program. The amount indicates 10% of the allowed 10% for administrative costs. $83,774 2 Homebuyer Assistance Program (up to $10,000) Provide deferred forgivable loans to low income homebuyers to assist them with down payment and closing costs for the purchase of a home. $200,000 3 Rehabilitation Program Provide loans/grants to Veteran low income homeowners which will assist them with major rehabilitation or demolition/reconstruction of their homes. $350,000 INTERDEPARTMENTAL TOTAL $633,774 NON- PROFIT ORGANIZATIONS - Funding determination will be made no later than October 1, 2015 1 River View at Calallen Apartments* River View at Calallen Apartments, to be located on Leopard St. near the Leopard St. and Callicoatte Rd. intersection, is a proposed affordable housing multi -family community consisting of 96 units to serve low-income families, seniors, and individuals. The development will be financed primarily through the Texas Department of Housing and Community Affairs' Low Income Housing Tax Credits. River View at Calallen Apartments will propose to serve residents at 30%, 50%, and 60% area median income. Total project cost: $14,521,257 $300;000 2 Callicoatte Cove * Callicoatte Cove, to be located at approximately the 3900 block of Callicoatte Rd., is a proposed new construction development that will consist of a unique combination of multifamily and single family design. The proposed community will consist of detached single family rental homes, one-story multifamily buildings, a community building, maintenance building and mail kiosk. This complex will be comprised of a combination of 94 multifamily units and single family units serving low-income families, seniors, and individuals. The development will be financed primarily through The Texas Department of Housing and Community Affairs' Low Income Housing Tax Credits, private debt, and HOME funds through the City of Corpus Christi. Callicoatte Cove will serve residents at 30%, 50%, and 60% area median income. Total project cost: $17,777,108 $300,000 3 Liberty Shores Apartments* Liberty Shores Apartments, to be located on Holly Rd. at approximately 1300 ft. east of Rodd Field Rd., is a proposed affordable housing multi- family community consisting of approximately 108 units to serve veterans and their families. The development will be financed primarily through the Texas Department of Housing and Community Affairs' Low Income Housing Tax Credits. Liberty Shores Apartments will propose to serve residents at 30%, 50%, and 60% area median income. Total project cost: $17,557,035 $300,000 1 # PROJECT & DESCRIPTION Request 4 Glenoak Apartments (CHDO)* Glenoaks Apartments, located on 711 Glenoak, is an affordable housing multi -family community consisting of 68 units which serve low-income families, seniors, and individuals. The project will propose to demolish and reconstruct the existing complex. The development will be financed primarily through the Texas Department of Housing and Community Affairs' Low Income Housing Tax Credits. Glenoak Apartments serves residents at 30%, 50%, and 60% area median income. Total project cost: $14,002,820 $300,000 5 Accessible Housing Resources, Inc. Proposed project will purchase two (2) adjacent properties, demolish substandard houses, clear land, build 6-8 rental units affordable and accessible for very and extremely low-income individuals with disabilities and seniors. Total project cost: $1,044,500 $181,000 CHDO Total $300,000 Subrecipients/Other Entity Total $1,081,000 HCD Projects Total $633,774 Overall Total $2,014,774 * Total Set -Aside to be determined no later than October 1, 2014 *HOME Subrecipient Agencies who submitted HOME FY2015 funding will be awarded funding no later than October 1, 2015 after determination of which agencies received Housing Tax Credits from the Texas Department of Housing and Community Affairs* 2 AGENDA MEMORANDUM City Council Meeting of June 09, 2015 DATE: TO: May 29, 2015 Ronald L. Olson, City Manager FROM: Daniel Grimsbo, PE, Director of Development Services DanG@cctexas.com 36-826-3595 Development Services Update STAFF PRESENTER(S): Name 1. Daniel Grimsbo 2. Julio Dimas OUTSIDE PRESENTER(S): Title/Position Department Director Development Services Assistant Director Development Services Name Title/Position Organization 1. 2. 3. BACKGROUND: Department Update for Development Services LIST OF SUPPORTING DOCUMENTS: Presentation — Development Services Update MEMORANDUM INFORMAL STAFF To: Ron Olson, City Manager Thru: Margie C. Rose, Deputy City Manager Gustavo Gonzalez, P.E., Assistant City Manager of Public Works and Utilities Mark Van Vleck, P.E., Executive Director of Utilities From: Daniel Grimsbo P.E., Director of Development Services Date: May 29, 2015 Subject: Update on — Development Services Issue / Problem: Four years ago, circumstances at Development Services were perceived as being non- responsive to the customer needs and in some cases this might have been true, but in reality projects were being completed within the metric standards at that time. Improvements were implemented to further reduce the overall development process review time. For example, the building permit review time was reduced from 21 days to 14 days. Steady progress has been made to reduce review times, fill vacant positions, to add new positions and to modernize our software operating systems. This report intends to summarize actions taken to improve the department and identify future actions that still need to be taken. Background and Findings: Development Services has made and continues to make steady progress towards a more efficient "one -stop -shop" for plan review, permitting, zoning changes, platting, and inspections of residential and commercial projects. Development Services staff help to make the City's vision a reality by following our mission statement, "Administer the building and development codes and to facilitate development of the City". Development Services is where projects are reviewed and inspected, ensuring quality -of - life and safety standards are maintained for Corpus Christi communities and business. One way to maintain consistent development standards for the City are with development and building codes. Purpose of Codes For the City of Corpus Christi (City), the Unified Development Code (UDC) was adopted to maintain the minimum standards necessary to protect public health, safety, and welfare. The tools used in this process are platting, zoning and building permits. Platting verifies that all properties have the minimum services of public access, water and waste water (or septic).The newly created lot(s) must also meet the zoning requirements such as lot size, setbacks, easements, flood zones, etc. Zoning is land -use planning that seeks to order and regulate land use in an efficient and ethical way; thus preventing land -use conflicts, which balances the rights of all property owners. In 2012, the City of Corpus Christi adopted the 2009 version of the International Building Codes. Technical building codes provide safeguards and ensure uniformity in the construction industry and include, but are not limited to, structural, fire prevention, plumbing, electrical, and mechanical systems. All citizens of the City need protection from harm that can be caused by fire, structural collapse, or deterioration of their homes, offices, schools, and place of entertainment. We verify that the builders have complied with the minimum requirements of the adopted codes through plan review and inspections during construction. Once all inspections are approved, a Certificate of Occupancy is issued. Development Services will propose to adopt the 2015 International Building Codes in early 2016. Reorganization Gene Delaro Building Official Vacant Deputy Bldg Official Dan Grimsbo Director Julio Dimas Asst. Director Margaret Castaneda Finance & Resource Annika Gunning Senior Project Planner Ratna Pottumuthu Major Project Engineer Vacant Senior Engineer Miguel Torres EngineerAssociate Several years back the public perception of Development Services was not positive and was even considered a roadblock to getting projects reviewed and permitted. Three years ago Development Services made specific improvements to the organization and administrative processes to move towards providing more effective and efficient project -related services. The first step in the improvements made was to reorganize Development Services. The organization chart above shows all of the positions that fall under the director in which all of the positions below Assistant Director are new. Moving from left to right the new positions are as follows: The Building Official position was separated from the Director position and a Deputy Building Official, to act on behalf of the Building Official when they are unavailable, was also added. The Deputy Building Official position also focuses on process improvements in the building plans and inspections area. An existing position was converted to create the Finance and Resource Manager Position. This position helps with analysis of our cost of service versus fees charged and our metrics, as well as, our business plan. We then took an existing Project Manager position and converted it to a Senior Project Planner position that supervises all of the Project Managers and manages the intake of all plans and zoning cases. Page 2 of 8 Finally, we added three Engineering positions in order to perform the design reviews on behalf of the Utility Operating Departments. These positions fall under the Major Projects Engineer. Process Improvements Several administrative process were also changed to help expedite the review and permitting process. The permitting process changed to allow a parallel review of Zoning, Platting, Public Improvements and Building Permits to shorten the overall process. Therefore, the process of obtaining a building permit was changed from a series process (see Flow Chart -1) to a parallel process (see Flow Chart -2). The goal was to reduce the timeline from project inception to the issuance of the building's Certificate of Occupancy. The reduction in time could be 3-6 months if the process shown in Flow Chart -2 is used. We are currently working under the revised process; however, it is not mandatory and some developers use the expedited process but many still go through one process at a time method. To further reduce the timeline, we revised the UDC language to allow for administratively approved Deferment Agreements thus reducing time to a permit by 2-4 weeks. Additionally, we streamlined the process to administratively approve minor amending plats, thus reducing time to permit by 1-2 weeks. Finally, we hold a 10 to 15 minute operations meeting every morning to ensure projects are staying on track. Flow Chart -1 400 & 500 Land Development Process(Mid-level) oa w w 0 0 0 0 4Weele 4W eels 6Weeks 12-16 Weeks E arly Assistance (EA) Preliminary Plat —) Final Plat Constructio Drawings Construct Public —le. Improvements (75% Complete) Record Final Plat Issue --T Building Perm its Survey Rough Site Plan Pre -application Confe rence Early Assistance Plus _illPreliminary Plat Construction Drawings Final Plat Construct Public Improvements (75% Complete) Record Final -3 Plat Issue Building Permits Page 3 of 8 Current Conditions: Flow Chart -2 Project Manager Early Assistance Pre - Application Conference Zoning Platting Public Improvements 30% Building Plans Record Final Plat Public Improvements 100% Building Permits Inspections Certificate of Occupancy Currently, Development Services is operating under the parallel flow process of approving building permits as shown in Flow Chart -2. The key component of the entire process is the Project Manager. It is thru them that a project has the best chance of being successful. The Project Manager will setup an Early Assistance meeting to establish the key information from the Owner and design professionals. Ideally, the Owner and the design professionals are in this meeting to make sure that everyone gets all of the same information at the same time. With this information, all of the key items such as check lists, schedules, fee schedules, etc. needed to make an informed business decisions can be made by the Owner/Developer. I can't stress enough, how important the Project Manager and the Early Assistance meeting are to the success of a project. The pre -application conference is designed to have a brief meeting with the applicant to make sure that all the necessary documents that were discussed in the early assistance meeting have been provided. At this time, a final check of the submittal package is made and it is deemed a complete or incomplete submittal. Zoning is the process of checking a property to make sure that the proposed use is allowed in the zoning district. Zoning is not Project specific, it address the possible uses that are allowed by right in the UDC. If the proposed use is not compatible with the zoning district a re -zoning may be required. Please keep in mind that there are several types of zoning districts and different types within each district. For example, there are 11 different types of commercial zoning districts that each have very specific criteria such as primary and secondary uses, setbacks, height restrictions, etc. So, just because a piece of property is called "commercial" doesn't mean that all the commercial uses are allowed. From beginning to end the estimated time for a rezoning request is 60 to 90 days. In many jurisdictions, this can take from 6 to 9 months. Page 4 of 8 Platting is a state law that requires every parcel of land under 5 acres inside the City limits that is conveyed, to go through a "subdivision" process, commonly called "Platting". The process is to verify that all platted properties have the minimum services of public access, water and waste water. The newly created lot(s) must also meet zoning requirements such as lot size, setbacks, easements, etc. If a newly platted lot does not have the minimum requirements such as having access to water, the developer must install a water line that meets the current city standards known as public improvements. Once the plat has been approved by the Planning Commission and the public improvements have been completed and accepted, the final plat can be recorded. After the Plat is recorded a Building Permit can be issued. If the property is being re -platted (it has already been platted before and now being reconfigured) a building permit can be issued at any time, but the Certificate of Occupancy will not be issued until the re -platting process has been completed. After a building permit is issued, the necessary inspections are made to verify that the construction is following the approved set of plans as well as the applicable codes. Some of the required inspections are building, fire code, zoning, engineering and third -party inspections such as windstorm and structural. Once all the required inspections are completed and approved and all the necessary documentation, such as third party inspections, are submitted a final Certificate of Occupancy can be issued and the new building can be occupied. Metrics The next three graphs show the amount of plan reviews, permits issued and inspections performed by Development Services per year. Graph -1 10 9 8 7 6 5 4 3 2 0 Average Review Time (Days) Number of Permits 4 2011 3 Graph -2 1400 9 1200 1000 2 2012 2013 —8—Commercial tResidential 2 2014 800 600 59 951 400 200 Ilk, • 214 198 294 0 2011 2012 2013 2014 —6—Residential —8—Commercial 1255 1134 255 The graph on the left, Average Review Time (Graph -1), shows the average residential and commercial review times in days over the past four years. The graph represents the average number of calendar days that it takes to review plans from acceptance to building permit issuance. The graph on the right, Number of Permits (Graph -2), shows the number of residential and commercial permits issued per year over the past four years. Page 5 of 8 The goal for residential review is two calendar days and for commercial reviews is fourteen calendar days. The graph shows that residential reviews have improved over the past three years averaging out to two days per review even though the number of residential permits increased by 40% during that same time period as depicted in Graph -2. Commercial reviews are averaging out at about 9 days even though the number of commercial permits increased by 37% over the past four years. Keep in mind that the commercial reviews consist of multiple reviews such as zoning, platting, and fire codes whereas, residential typically only requires one review. The upside is that Development Services has been consistent with reviews for commercial and residential over the past three years. However, with the increase in volumes there is a higher potential for oversights especially on more complex projects. Graph -3 With the current manpower and the number of permits being issued, Total Inspections Development Services should be able 5000 0 to maintain the goal of two days per 45000 40000 review for residual and fourteen days 43901 35000 for commercial due to the fact that the 39002 30000 35678 35039 number of building permits being 25000 20000 issued has flattened out. Overall 15000 Development Services is meeting set 10000 goals and we have faster review times 5000 for both residential and commercial 0 2011 2012 2013 2014 compared to the three cities who have provided information for comparison (San Antonio, Ft. Worth and Austin). Keep in mind that there are differences for each city on how they track metrics. For example, the City tracks reviews in Calendar days versus working days. For commercial reviews, Austin and San Antonio on only perform building review; Corpus Christi performs building and zoning together. The graph to the left, Total Inspections (Graph -3), shows the overall number of inspections conducted per year over the past four years. It includes inspections such as new residential and commercial construction, remodels, stand-alone permits, and re -inspections etc. As shown on the graph, we have experienced a steady increase of 23% over the last four years, which coincides with the overall increase in building permits. Currently Development Services has 12 inspectors and each inspector conducts on average 14 inspections per day. This averages out to about 34 minutes per inspection which includes travel time to and from the inspection site. The importance of the graph is to demonstrate that both the work needing inspecting and the contractors need to be ready when they schedule their inspections. If the contractor is not ready, due to the limited time per inspection, there may be inspections that have to be rescheduled for the following day. Development Services tries to mitigate delays by allowing the customer to request a time frame for the inspection, thus ensuring that the work is ready for inspection. In addition, inspectors try to call ahead to indicate they will be late. However, if an inspector stays on site too long with one customer, it will impact the rest of the customers waiting for their inspection. Page 6 of 8 I I Table -1 13. How would you rate the overall experience with the City of Corpus Christi's Department of Development Services with your most recent project(s)? Unsatisfactory Satisfactory Excellent I � Response Response Percent Count 22.2% 40 59.4% 107 18.3% 33 Table -1 shows the results of one of the questions on a customer survey that was conducted in 2013 by Dr. Dan Jorgensen with Texas A&M, Corpus Christi. In addition to Development Services meeting and exceeding its goals, this table illustrates how we are meeting our customers' overall goals by showing nearly 80% of the Customers who interact with Development Services consider their overall experience to be satisfactory or excellent. As a service and compliance oriented department, this is considered a great result in the industry, according to Dr. Jorgensen. In order to make sure we are keeping up with our customer's needs, Texas A&M, Corpus Christi is currently conducting the same survey again to get updated feedback and compare it to last year's survey. The following testimonials of appreciation are just some examples of how Development Services is meeting the needs of customers. The testimonials show a range of customers from a large project to the smaller so called "ma and pa" project. Testimonials of Appreciation "I want to reach out to you because it's rare that I get to write a letter praising the Development Services Division of a city. All of the planners we have had dealings with from every department have been courteous, extremely responsive, organized and helpful. My company has developed from Florida to Arizona and nearly every Sunbelt state in between. And this has by far been the most efficient and friendly experience we have encountered" Geoffrey N. Simpson, CFO/Partner Kaplan Companies (324 unit apartment complex) "My Mom and I went to the Frost Bank Office of City Development to ask some basic questions about building a residence on some land we already owned. We were greeted by the most helpful receptionist I've ever encountered! We expected to wait in lines, be sent in circles, and planned for a frustrating experience. We couldn't have been more pleasantly surprised! The receptionist listened carefully to our question then quickly found someone to help answer our questions. We visited with "Marc" for quite a while. He was helpful, courteous, knowledgeable, and friendly. Thank you City of CC for providing an awesome experience to us. We are not contractors, have no experience with this process, and couldn't have been more pleased. Thanks :-)" barbaracade@ cam Although the customer survey and testimonials indicate Development Services is meeting customer's needs, we still have room for improvement. In order to assist our customers and to have consistent and accurate submittals we have implemented (01May15) more detailed check lists. This will allow us to work with our customers to make sure they have a complete submittal before the application is accepted. If the submitted project package is Page 7 of 8 accurate and complete, then the overall review time can be shortened and the number of revisions limited. Development Services has hired new personnel to help improve the process of receiving permits. Another improvement is in the area of Project Management, we have increased the number of Project Managers from 3 to 6. This will ensure that all commercial projects have a dedicated Project Manager assigned to them. Additionally, a Fire Code Plans Examiner has been hired to make commercial plan review more efficient. In an effort to increase overall efficiency, three new computer software systems will be implemented this year. The first system is called Infor Hansen Community Development Regulations (CDR), which is a new system that will be more convenient and efficient to our customers by allowing them to apply electronically for any permit. The second system is called Bentley (eB Plan Review) and it will allow customers to provide all their documents electronically, such as drawings/plans, and receive reviews and comments electronically from the Development Services staff. The third system, which was recently installed, is called Vantage Points (GIS Brower), which is a new GIS viewing software that allows our customers to receive more accurate information and maps during the early stages of the development process. Development Services has had a large turnover of personnel over the last two years. Twenty-two new employees have been hired in the past two years with 11 of the 22 being hired in the past 9 months. In addition, there has been a complete turnover of the Development Services Engineering division in the past 6 months. This has caused some processes to appear inconsistent, which at times has frustrated our customers. We are in the process of bringing the knowledge and consistency up to the same level across Development Services. Knowing the importance of retaining personnel, actions have been taken to alleviate the high turnover rate such as promoting several internal personnel into key vacant positions bringing over a wealth of historical knowledge as well as positive attitudes. Additionally, we have filled several vacant positions with new personnel, as part of that process, we have hired and continue to seek personnel that have a customer service oriented attitude who are willing to help customers through the somewhat complex development process. Now that we have filled most of the vacant positions, there seems to be emerging an overall job satisfaction and enthusiasm within the department. To improve the consistency in our processes, the first step is to retain our personnel, the next step would be training. Currently, our Inspectors are studying to be certified in the individual trades and several Project Managers have taken the flood plain management course. They have also begun to prepare zoning cases to be better crossed trained. The entire department has taken the "Champions Training" to improve customer service. In Closing, Development Services continues to be very busy and operates in an intense customer service environment. This has led to a high turnover and the turnover rate may remain because of the continued high tempo. We are focused on making improvements to assist customers with their projects while still meeting the code requirements adopted by the City. The use of the Early Assistance meetings and having customers work through their assigned Project Manager will lead to more successful results. Page 8 of 8 Development Services Department Update Mark Van Vleck, PE Daniel Grimsbo, PE Julio Dimas, CFM June 09, 2015 Mission of Development Services Administer the building and development codes, and to facilitate development of the City. Why have Development Codes? • The Unified Development Code (UDC) are minimum standards established to improve and protect public health, safety, and welfare. • The UDC addresses Zoning, Platting & Public Improvement requirements Why have platting and Zoning? Platting: • Platting is to verify that all properties have the minimum services of public access, water and waste water (or septic) • The newly created lot(s) must also meet the requirements of the zoning requirements such as lot size, setbacks, easements, flood zones, etc. Zoning: • Land -use planning is the term used for a branch of urban planning encompassing various disciplines which seek to order and regulate land use in an efficient and ethical way, thus preventing land -use conflicts. Why Have Building Codes? • Codes provide safeguards and ensure uniformity in the construction industry. • Building codes include, but not limited to, structural, fire prevention, plumbing, electrical, and mechanical systems. • We all need protection from harm due to fire, structural collapse, and deterioration in our homes, offices, schools, manufacturing facilities, stores, or places of entertainment. • We verify through review of plans and inspections during construction that builders have complied with the minimum codes. Once inspections are approved, a Certificate of Occupancy is issued. Improvements made in the last 3 years • Zoning, Platting, Public Improvements and Building Permits can be done in parallel to shorten overall Development Process • Every Commercial Project is assigned a Project Manager • Every morning Project Managers meet with key staff to review status of Projects • Project Managers have been increased from 3 to 6 Overall Development Process Project Manager Early Assistance 1 Pre - Application Conference 1 1 Zoning Platting Public Improvements 30% Building Plans Record Final Plat Public ► Improvements 100% Building Permits Inspections T Certificate of Occupancy 7 Metrics 10 9 8 7 6 5 4 3 2 1 0 Average Review Time (Days) Number of Permits 9 9 9 7 3 2 2 2011 2012 2013 2014 1400 1200 1000 800 600 400 200 e ., 59 214 0 2011 1255 951 . 198 2012 1134 255 2013 —0—Commercial tResidential Residential Commercial Goals: Res: 2 Calendar Days Comm. 14 Calendar Days r 294 2014 8 Inspections 50000 45000 40000 35000 30000 25000 20000 15000 10000 5000 0 Total Inspections 39002 35678 35039 43901 2011 2012 2013 2014 Total # of Inspectors: 12 Average # Inspections per Inspector per Day: 14 Average Minutes per Inspections: 34 minutes. (Includes travel to and from) Metrics 2013 Corpus Christi Development Services Customer Service Survey Report 13. How would you rate the overall experience with the City of Corpus Christi's Department of Development Services with your most recent project(s)? Unsatisfactory Satisfactory Excellent Response Response Percent Count 22.2% 40 59.4% 107 18.3% 33 Improvements • Incomplete and/or inaccurate submittals • More detailed Check lists • Work with our Customers to make sure they have a complete submittal before the application is accepted • New Employees to the processes • Increased the number of Project Managers from 3 to 6 • New Fire Code Plans Examiner • New Computer Systems • Infor — Main system to issue overall permits • Bentley — Electronic plan review system • Vantage Point — GIS Map/Aerial Viewer • Vacant Positions Filled — 60 FTEs in Department • In the past 2 years, we have hired 21 new employees • 10 — filled in the past 6 months • Plat/Public Improvement group turned over the last 3 months Questions ? Qua AGENDA MEMORANDUM City Council Meeting of June 9, 2015 DATE: May 28, 2015 TO: Ronald L. Olson, City Manager FROM: David Blackmon, Captain — Police Department / Code Enforcement DavidBl@cctexas.com 826.2691 City Council Briefing — Quarterly Report on Code Enforcement Activities STAFF PRESENTER(S): Name 1. David Blackmon 2. Tracey Cantu OUTSIDE PRESENTER(S): None BACKGROUND: Title/Position Captain Administrator Department Police Police The Code Enforcement Division of the Police Department will present quarterly briefings to City Council providing them with a summary of the division's efforts to eliminate blighted conditions; educate and inform the public; reduce opportunities for criminal activity; and, improve the quality of life in our neighborhoods. The first presentation will be an "introduction to code enforcement" in effort to familiarize City Council Members and citizens with the overall operation and purpose of the division. Each subsequent briefing will highlight cleanliness efforts and achievements. The goal is to inform City Council and the public of the positive impact code enforcement activities have on improving the community. LIST OF SUPPORTING DOCUMENTS: PowerPoint — Code Enforcement Activities 05.27.15 Informal Staff Report — Quarterly Briefing May 2015 To: Informal Staff Report MEMORANDUM Ronald Olsen, City Manager Thru: Margie C. Rose, Deputy City Manager; Susan Thorpe, Assistant City Manager From: David Blackmon, Captain — Police Department, Code Enforcement Division Date: May 28, 2015 Subject: Quarterly Presentation City Council — Code Enforcement Activity Briefing Issue: The Code Enforcement Division of the Police Department will present quarterly briefings to City Council providing them with a summary of the division's efforts to identify and eliminate blighted conditions in the community; educate and inform the public through community events and social media; reduce opportunities for criminal activity by networking with Narcotics and Gang Units; and, improve the quality of life in our neighborhoods by working with property owners and community partners to find lasting resolutions. Background & Findings: Code Enforcement came under the purview of the Police Department in January 2014. At that time we began a concerted effort of building and sustaining the quality of life in the community by creating a partnership between Police, Code Enforcement, and our citizens. The first presentation will be an "introduction to code enforcement" in effort to familiarize City Council Members and citizens with the overall operation and purpose of the division. Each subsequent briefing will highlight cleanliness efforts and achievements. Conclusion Our Mission is to strengthen neighborhoods by preventing the deterioration of housing and commercial properties, through the enforcement and abatement of code violations. Our goal is to inform City Council and the public of the positive impact code enforcement activities have on improving the community. We are working to be able to focus one Compliance Officer per city police beat to maximize proactive enforcement. Code 101 Quarterly Report on Code Enforcement Activities Council Presentation June 9, 2015 Code Enforcement, Police & Citizens "The Quality of Life Triad" Building and sustaining the quality of life in the community by creating a partnership between Police, Code Enforcement and the citizens. Code Enforcement Organizational Chart Andy Montes Code Enforcement Compliance Supervisor Compliance Officer COI Complian Officerce Compliances Officer Compliance Officer • Compliance) Officer (CBGD) Compliance Officer (JV's) M. Compliance Officer (INAT) Compliance Officer (CDBG) Compliance CoFcfEce Captain David Blackmon' CCPD Tracey K. Cantu• Code Enforcement Administrator Senior Account Clerk I! Senior Account Clerk Support Staff) (CDBG) (Support Staff) Op Compliance Officer I fa Compliance Officer Compliance Officer Jon Perez. Code Enforcement Compliance Supervisor ::::: el e Officer Compliance Officer (BSB) Compliance Officer (CDBG) Compliance Officer Senior Account Clerk (Support Staff) Senior Account Clerk (Support Staff) Senior Account Clerk (Support Staff) Common Code Violations • Tall Weeds • Open Storage • Junked Vehicles • Litter / Illegal Dumping • Unsecured Vacant Buildings • Substandard Buildings • Illegal Signage • Illegal Land Use Step 1: Investi ate Stop & knock... contact with owner/occupant to verify violation and educate on compliance methods. The Process If contact is not successful, then a Notice of Violation is mailed to owner/occupant with a specified period to bring the property in compliance. Re -inspection determines if the property has been brought into compliance. • Voluntary compliance closes the case. Step 4: Resolve Non-compliance results in abatement... • Possible community assistance. • Administrative abatement measures. • Owner billed for City abatement. • Possible Criminal Charges filed. Removing Grime Reduces Crime Code Enforcement impacts the factors of criminal activity - people, places, and behaviors Questions? AGENDA MEMORANDUM for the City Council Meeting of May 26, 2015 DATE: TO: April 27, 2015 Ronald L. Olson, City Manager FROM: Stacie Talbert Anaya, Interim Director StacieT@cctexas.com 361-826-3464 UPDATE TO CITY COUNCIL Park Maintenance STAFF PRESENTER(S): Name Title/Position 1. Stacie Talbert Anaya Interim Director 2. 3. OUTSIDE PRESENTER(S): Department Parks & Recreation Name Title/Position Organization 1. 2. 3. BACKGROUND: During the most recent City Council priorities workshop, City Council requested regular updates on Park Maintenance Operations. Presentations are scheduled for May and October. This initial presentation will provide an overview of the park maintenance program and recent initiatives for improving operations to meet the goals established in the Parks Master Plan. The Park Maintenance and Operations Division of the Parks and Recreation Department has 116.63 FTEs and a budget of approximately $10 million to maintain parks, the bayfront, medians and storm water right of ways. Management of the division is structured by function: Turf Management and Horticulture; Tourist District Operations; Storm Water Mowing and Contract Administration; Park Construction and Priority Response; Sanitation and Administrative Support. In the past 18 months City Council and the City Manager have approved three significant initiatives for the Department to oversee: the Priority Response Team, Mowing Consolidation, Park Maintenance Enhancement (Master Plan Acceleration). The Priority Response Team was developed in the fall of 2013 to address/trouble shoot safety and aesthetic issues on city maintained property. The team consists of a four person crew that travel 7 high -visibility routes throughout the city and address minor issues such as removing/replacing signs, removing brush or debris, etc. In addition to work completed along the routes the team respond to pressing issues identified through the call center, the city manager's office or the director. To date the team has completed 134 route inspections, completed 157 planned work orders (ex. assisting mow crews) and 59 response work orders (ex. after storm response, vandalism). In the summer of 2013 the City Manager ask the Department to review city wide mowing operations and determine if consolidating management of those operations would result in a more consistent work product and/or cost or resource savings to the city. After reviewing the operations of 12 departments through the enterprise, a phased approach to consolidation under the leadership of the Parks & Recreation Department was recommended: • Phase 1 — Consolidate Parks, Streets and Storm Water Mowing functions in FY2014 • Phase 2 — Expand oversight to include Engineering, Neighborhood Services, Police, portions of Solid Waste, Water and Waste Water Treatment Plants in FY2015 and FY2016. • Phase 3 - Evaluate the success of the mowing consolidation and make recommendations for revisions in the FY 2017 Budget Process • Mowing functions at the Airport, Fire, Gas, and portions of Waste Water, Water and Solid Waste would remain under the management of their respective departments. Phase 1 was executed in April 2014 and improvements have been made to both operations including better contract mowing administration, quicker cycles in both parks and storm water and more efficient use of in-house mowing crews. Phase 2 will begin with addition of Waste Water treatment plants to mowing contracts in June 2015. In October 2012 the City Council approved the Parks and Recreation Strategic Master Plan that identifies development priorities and maintenance standards for the park system. Each park was categorized as a Level A, B, C, D or Natural Park and assigned a maintenance routine/frequency. A copy of the routines and frequencies established in the plan is attached for your review. In the fall of 2013 the City Manager directed the Department to accelerate the implementation of the master plan and asked what resources were need to meet the maintenance standards established in the plan. The additional resources needed were estimated at $1.4 million and a decision packet was included for the FY2015 budget. The City Manager identified and the City Council approved a $515,000 for a Park Maintenance Enhancement. Funds will be used to increase contract mowing in parks, implement a palm tree trimming contract, purchase mowing and turf maintenance equipment for in-house crews, upgrade park equipment and materials. In addition a Master Plan Maintenance Handbook will be created as practical tool for frontline staff members to utilize in the field and daily operation planning. LIST OF SUPPORTING DOCUMENTS: Power Point Presentation Levels of Care Table Park Maintenance and Operations Update to City Council CORPUS CHRISTI PARIS& RECREATION Council Presentation May 26, 2015 Park Operations Team Overview CORPUS CHRISTI PARKS& t Turf Management and Horticulture Tourist District Operations FTE: 43.98 $3,557,387 Park Operations Superintendent (1) Storm Water Mowing and Contract Administration FTE: 27.65L FTE: 21 FTE: 10 $2,219,954 1 $2,564,676 1 $1,135,479 Park Construction and Priority LResponse Sanitation and Administrative Support FTE: 13 $607,531 2 Park Operations By The Numbers Parks Acreage FY 14 Acres Mowed (In House) FY 14 Acres Mowed (Contract) Playgrounds FY 14 Inspections FY 14 Repairs FY 14 Removals 40. CORPUS CHRISTI PARKS& RECREATION 197 Parks 1,660 17,293 6,981 Storm Water 2,044 5,371 8,752 127 414 2 major, 39 minor 4 3 Strike Force/Priority Response Team CORPUS CHRISTI PARKS& • Created to trouble shoot safety and aesthetic issues September 2013 • Four park operations technicians • Two vehicles — Mowing, small construction and repair equipment • System • Inspection Routes • 7 routes, 53 individual locations • Minor repairs, brush, trash addressed along the way Coordination with operating departments, outside agencies Strike Force /Priority Response Team C CHRISTI PARKS& 2013 2014 2015 TOTALS Routes Inspected 14 98 Planned Work Orders Completed 11 118 Response Work Orders Completed 10 17 22 134 28 157 32 59 Examples of issues addressed: Overgrown medians, parks and storm water Damaged /Vandalized signs and public property Storm Response Special Projects — Downtown, North Beach, Agnes -Laredo Corridor Clean Ups Mowing Consolidation CORPUS CHRISTI PARKS& • Streamline city-wide mowing • Phase One • Combine Park and Street/Storm Water Operations • 19 FTEs moved from SW to Parks & Recreation • In-house mowing crew • Administration of Storm Water and Park Mowing Contracts • Efficiencies and Improvements • Improved turn around time for in-house crews • Parks near storm water ditches • Different equipment • Increased park mowing contract and administration Mowing Consolidation CORPUS CHRISTI PARKS& • Next Steps • Summer 2015 • Mowing Contracts — Add Waste Water Plants • FY2016 • Evaluate current program • Other landscaping and maintenance contracts for consolidation • Police Department • Health Department • Facility Maintenance • Capital Projects/Surplus Property Park Maintenance Enhancement CORPUS CHRISTI PARKS& • Oct 2012 - Parks & Recreation Master Plan Approved • Includes standards for development and maintenance • Sept 2014 - Parks Maintenance Increased by $515,000 for FY2015 • Additional contract mowing and administration • Level B, C and D parks • In-house crews to Level A Parks • Palm tree trimming contract • In-house tree crews focus on playable space and protecting canopy • Park Equipment and Safety improvements • Playground removals, replacement, repairs • Standardization of fencing, signage • Equipment and vehicles • Master Plan Maintenance Handbook Questions from Park Fans CORPUS CHRISTI PARKS& 9 CITY OF CORPUS CHRIST PARKS STANDARDS OF CARE LEVELS CORE DEFINED BUSINESS TASKS GOLD SOLVER BRONZE COPPER ZINC LEVEL A LEVEL B LEVEL C LEVEL D NATURAL AREAS IrospectIons DAILY DAILY (Mon -Fn) WEEKLY MONTHLY MONTHLY TURF MANAGEMENT MOW 7 DAY 14 DAY 21 DAY SEASONALLY (Trails, Playgrounds, Picnic Units) SEASONALLY (Trails, Interpretive Center) AERIFY YEARLY YEARLY YEARLY N/A N/A SEED/SOD WINTER OVERSEED NONE WILDFLOWERS EVERY OTHER YEAR WILDFLOWERS EVERY THIRD YEAR WILDFLOWERS ONCE PEST CONTROL ANNUAL PRE -EMERGE, PREVENTIVE SPRAY PROGRAM IPM SPOT TREATMENT IPM SPOT TREATMENT SELECTIVE GRASS SUPPRESSION IN WILDFLOWER ZONES SELECTIVE GRASS SUPPRESSION IN WILDFLOWER ZONES FERTILITY <6#/1000 sq ft DURING GROWING SEASON 50% WATER INSOLUBLE <7#/1000 sq ft DURING GROWING SEASON 50% WATER INSOLUBLE MINIMAL MACRONUTRIENTS N/A N/A IRRIGATION SMART AUTOMATED AUTOMATED/MANUAL MANUAL N/A N/A SAN ITATION LITTER DAILY DAILY (Mon -Fn) BI WEEKLY WEEKLY Public Areas Daily, wildscapes by volunteers. RECEPTICLES DAILY DAILY (Mon -Fn) BI WEEKLY WEEKLY Public Areas Daily, wildscapes by volunteers. FACILITIES DAILY N/A N/A N/A N/A HORTICULTURAL SHADE TREES Yearly Attention Three Year Rotation Five Year Rotation Ordinance Driven NONE PALMS TWICE YEARLY YEARLY YEARLY EVERY OTHER YEAR NEVER PEST CONTROL Preventive and Reactive IPM Preventive and Reactive IPM Reactive Reactive NONE FERTILITY Liquid Foliar Feed, Complete w/ trace elements, MONTHLY Time released complete. QUARTERLY None None NONE HORTICULTURA L DISPLAYS Annuals with 3 rotations. Perennials, including Tropicals. Native perennials WILDFLOWERS WILDFLOWERS WILDFLOWERS CARE OF DISPLAYS Weekly Monthly None None NONE