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HomeMy WebLinkAboutAgenda Packet City Council - 02/16/2016Corpus Christi Meeting Agenda - Final City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, February 16, 2016 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 Chaplain Lynne Blackler, CHRISTUS Spohn Health System. C. Pledge of Allegiance to the Flag of the United States to be led by Stacie Talbert Anaya - Interim Director of Parks and Recreation Department. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations / Commendations 1. 16-0195 Proclamation declaring February 14-20, 2016, "National LULAC Week". Proclamation declaring February 21-27, 2016, "National Engineers' Week". Swearing -In Ceremony of Newly appointed Board, Commission and Committee Members Corpus Christi Page 1 Printed on 2/15/2016 City Council Meeting Agenda - Final February 16, 2016 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 choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. 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. MINUTES: 2. 16-0194 Regular Meeting of February 9, 2016. Attachments: Minutes - February 9, 2016 I. BOARD & COMMITTEE APPOINTMENTS: (NONE) J. 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. K. CONSENT AGENDA: (ITEMS 3 - 12) Corpus Christi Page 2 Printed on 2/15/2016 City Council Meeting Agenda - Final February 16, 2016 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. 3. 16-0126 Resolution authorizing the Texas Coalition for Affordable Power, Inc. (TCAP) to negotiate an electric supply agreement for five years for deliveries of electricity effective January 1, 2018 and obligate City to purchase electricity pursuant to said agreement Resolution of the City Council of Corpus Christi, Texas authorizing the Texas Coalition for Affordable Power, Inc. (TCAP) to negotiate an electric supply agreement for five years for deliveries of electricity effective January 1, 2018; authorizing TCAP to act as an agent on behalf of the City to enter into a contract for electricity; authorizing Jay Doegey or Ronald L. Olson or Tom Tagliabue or Constance Sanchez to execute an electric supply agreement for deliveries of electricity effective January 1, 2018 and committing to budget for energy purchases in 2018 through 2022 and to honor the City's commitments to purchase power for its electrical needs in 2018 through 2022 through TCAP. Attachments: Agenda Memo -- TCAP Resolution 2 Resolution - Authorizing TCAP to negotiate an electric supply agreement for 5 y Staff Report - Resolution Authorizing TCAP to Procure Electricity for 2018 4. 16-0125 Approving Amendment No.1 for the Ocean Drive Park Improvements - Cole Park (Bond 2012) Motion authorizing the City Manager, or designee, to continue design services through executing Amendment No. 1 to the Contract for Professional Services with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $120,000, for a total revised fee of $131,500 for Ocean Drive Park Improvements - Cole Park, for design, bid and construction phase services.(Bond 2012) Attachments: Agenda Memo - Cole Park Project Budget - Cole Park.xlsx Presentation - Cole Park.pptx Location Map - Cole Park.pdf Vicinity Map - Cole Park.pdf Contract - Amd 1 HDR Cole Park.pdf 5. 16-0134 Second Reading Ordinance - Rezoning property located at 11330 Leopard Street (1st Reading 2/9/16) Case No. 0116-03 Fantozzi, Ltd.: A change of zoning from the "CG -2" Corpus Christi Page 3 Printed on 2/15/2016 City Council Meeting Agenda - Final February 16, 2016 General Commercial District to the "IL" Light Industrial District. The property is described as Lot 4, Block 1, Wal-Mart Subdivision, located on the north side of Leopard Street between Violet Road and Hart Road. Planning Commission and Staff Recommendation (January 13, 2016): Denial of the change of zoning to the "IL" Light Industrial District and, in lieu thereof, approval of the "CG-2/SP" General Commercial District with a Special Permit for limited industrial uses, subject to a site plan and nine conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Fantozzi, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to Lot 4, Block 1, Wal-Mart Subdivision, from the "CG -2" General Commercial District to the "CG-2/SP" General Commercial District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - Fantozzi, Ltd. SP Ordinance - Fantozzi, Ltd IL Ordinance - Fantozzi, Ltd. Aerial Map - Fantozzi, Ltd. Zoning Report - Fantozzi, Ltd 6. 16-0137 Second Reading Ordinance - Rezoning property located at 437 Opportunity Drive (1st Reading 2/9/16) Case No. 0116-01 Mint Business Professionals, LLC: A change of zoning from the "IL" Light Industrial District to the "CG -2" General Commercial District. The property is described as Lot 61, Block 3, 100 South Padre, located on the southwest corner of Enterprize Parkway and Opportunity Drive. Planning Commission and Staff Recommendation (January 13, 2016): Approval of the change of zoning from the "IL" Light Industrial District to the "CG -2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Mint Business Professionals, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 61, Block 3, 100 South Padre, from the "IL" Light Industrial 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. Corpus Christi Page 4 Printed on 2/15/2016 City Council Meeting Agenda - Final February 16, 2016 Attachments: Agenda Memo - Mint Business Professionals, LLC Ordinance - Mint Buisiness Professionals Aerial Map - Mint Business Professionals Zoning Report - Mint Business Professionals, LLC 7. 16-0138 Second Reading Ordinance - Rezoning property located at 1914 Lipan Street (1st Reading 2/9/16) Case No. 0116-02 City of Corpus Christi: A change of zoning from the "IH" Heavy Industrial District to the "RS -4.5" Single -Family 4.5 District. The property is described as Lot 5A, Block 4, Brennan Addition, located on the north side of Lipan Street between Coke Street and 19th Street. Planning Commission and Staff Recommendation (January 13, 2016): Approval of the change of zoning from the "IH" Heavy Industrial District to the "RS -4.5" Single -Family 4.5 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by the City of Corpus Christi ("Owner"), by changing the UDC Zoning Map in reference to Lot 5A, Block 4, Brennan Addition, from the "IH" Heavy Industrial District to the "RS -4.5" Single -Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - City of Corpus Christi Ordinance - City of Corpus Christi Aerial Map - City of Corpus Christi Zoning Report - City of Corpus Christi 8. 16-0139 Second Reading Ordinance - Accepting and appropriating the FY 2016 Local Border Security Program (LBSP) Grant (1st Reading 2/9/16) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $90,000 from the State of Texas Governor's Homeland Security Grants Division for funding eligible under the FY2016 Local Border Security Program (LBSP) grant to reimburse overtime, fringe benefits, and mileage; and appropriating the $90,000 in the No. 1061 Police Grants Fund. Attachments: Agenda memo - LBSP appropriation 02.09.2016 Ordinance - Local Border Security Grant 2016 - Police 9. 16-0110 Second Reading Ordinance - Accepting and appropriating grant funds for the Hazardous Materials Emergency Preparedness (HMEP) grant program (1st Reading 2/9/16) Corpus Christi Page 5 Printed on 2/15/2016 City Council Meeting Agenda - Final February 16, 2016 Ordinance authorizing the City Manager, or designee, to execute all documents necessary to accept a grant of services budgeted for $70,000 from Texas Department of Public Safety, Governor's Division of Emergency Management, for FY 2016 Hazardous Materials Emergency Preparedness (HMEP) grant program to conduct an update to the 2010 Commodity Flow Study with a hard match of $14,000; appropriating the $14,000 in the Local Emergency Planning Committee (LEPC) Fund No. 6060; and changing the FY 2015-16 Operating budget adopted by Ordinance No. 030620 by increasing expenditures in the Local Emergency Planning Committee Fund No. 6060 by $14,000. Attachments: Agenda Memo - 2016 HMEP Grant Ordinance - 2016 HMEP Grant Award Letter - 2016 HMEP Grant Contract - 2016 HMEP Grant 10. 16-0010 Second Reading Ordinance - Appropriating funds for the repair of Medic Unit 3 (1st Reading 2/9/16) Ordinance appropriating $8,593.79 received from the Texas Municipal League Intergovernmental Risk Pool into the General Fund No. 1020 to repair Medic Unit 3; and changing the FY 2015-16 Operating Budget adopted by Ordinance No. 030620 by increasing revenue and expenditures in the General Fund No. 1020 by $8,593.79. Attachments: Agenda Memo - Medic 3 Ordinance - TMLRP Reimbursement - 2016 11. 15-0772 Second Reading Ordinance - Accepting and appropriating grant for the Senior Companion Program (SCP) (1st Reading 2/9/16) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant awarded by the Corporation for National and Community Service in the amount of $60,060 for the Senior Companion Program; appropriating the $60,060 grant in the No. 1067 Parks and Recreation Grants Fund for the Senior Companion Program. Attachments: Agenda Memo - SCP Federal Additional Award 2015 Ordinance - SCP Federal Additional Award 2015 SCP - Award Letter for Additional VSYs 12. 16-0124 Second Reading Ordinance - Appropriating funds for a Master Services Agreement for Capital Improvement Program Projects at the Corpus Christi International Airport (CCIA) (1st Reading 2/9/16) Ordinance to appropriate and transfer $1,500,000 from Fund 4610 Airport Unreserved Fund Balance to Fund 3018 Airport Capital Reserve, amending the FY 2016 Operating Budget adopted by Ordinance No. Corpus Christi Page 6 Printed on 2/15/2016 City Council Meeting Agenda - Final February 16, 2016 030620 and authorizing the City Manager or designee to execute Master Services Agreements with Garver, LLC and KSA Engineers, Inc. to provide professional services for the Corpus Christi International Airport. Attachments: Agenda Memo - Airport MSA.docx Ordinance - MSA Airport.docx Project Budget - Airport MSA.xlsx Location Map - Airport MSA.pdf Presentation - Airport MSA.pptx Contract - Garver MSA signed2.pdf Contract - KSA MSA signed2.pdf L. EXECUTIVE SESSION: (ITEM 13) 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. 13. 16-0196 Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining matters and/or the collective bargaining agreements between the City of Corpus Christi and the Corpus Christi Firefighters Association. M. PUBLIC HEARINGS: (NONE) N. REGULAR AGENDA: (ITEMS 14 - 16) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 14. 16-0136 Second Reading Ordinance - Amending the Unified Development Code to update regulations and improve implementation (1st Reading 2/9/16) Ordinance amending the Unified Development Code by revising subsection 1.11.3 "Defined Terms", table 4.3.2 "Permitted Uses", table 4.3.3 "Residential Development Standards (Single -Family Districts)", table 4.3.4 "Housing Types", subsections 5.1.2.A "Household Living", 5.5.3.E.6 "Setbacks (for) Wireless Telecommunication Facilities", 7.5.3.A.1 "Single Tenant Freestanding Sign", 7.5.3.C.1 "Multi-tenant(3 or more tenants) Freestanding Sign", 7.5.27.D.10 "Definition (of) Legible", 8.2.1.6.3 "Street Right -of -Way Dimensional Standards", table Corpus Christi Page 7 Printed on 2/15/2016 City Council Meeting Agenda - Final February 16, 2016 8.2.1.0 "Non -Local Street Standards", and table 8.2.1.D "Rural Street Standards" providing for severance; providing for penalties; providing for publication. Attachments: Agenda Memo - UDC Text Amendments Jan I final Ordinance - UDC Text Amendments Jan I final Revised Ordinance - UDC Text Amendments Jan I final rev 2-10-2016 15. 16-0150 Appointing Financial Advisor for Certificates of Obligation Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for the of City of Corpus Christi, Texas, Combination Tax and Limited Pledge Certificates of Obligation, Series 2016A in an amount not to exceed $18,140,037. Attachments: Agenda Memo Revised - Bond 2012 CO's Financial Advisor Exhibit A - Financial Advisor Fee Schedule.pdf 16. 16-0151 Resolution authorizing publication of Notice of Intention to issue Certificates of Obligation Resolution by the City Council of the City of Corpus Christi, Texas, authorizing and approving publication of Notice of Intention to issue Certificates of Obligation; complying with the requirements contained in Securities and Exchange Commission Rule 15c2-12; and providing an effective date. Attachments: Agenda Memo - NOI for Bond 2012 CO's February 9, 2016.doc Resolution - Corpus Christi NOl.pdf O. FIRST READING ORDINANCES: (ITEMS 17 - 18) 17. 16-0146 First Reading Ordinance - Appropriating reimbursement funds from the Texas State Library and Archives Commission Ordinance appropriating reimbursement received from the Texas State Library and Archives Commission for participation in Interlibrary Loan Program in the amount of $16,972.92 into the Library Grant Fund No. 1068 to be used for library technology services; and increasing expenditures in the Library Grant Fund No. 1068 by $16,972.92. Attachments: Agenda Memo - appropriating reimbursement 16,972.92 Ordinance - appropriating reimbursement 16,972.92 18. 16-0172 First Reading Ordinance - Accepting and appropriating donation and approving Contract Change Order No. 1 for the Development & Improvements at HEB Tennis Center and Al Kruse Tennis Center (Bond 2012) Ordinance accepting and appropriating a donation in the amount of Corpus Christi Page 8 Printed on 2/15/2016 City Council Meeting Agenda - Final February 16, 2016 $100,000 from the Corpus Christi Tennis Association in Fund No. 3280 for the HEB and Al Kruse Tennis Centers; changing the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to increase revenues and expenditures by $100,000; and authorizing the City Manager, or designee, to execute Change Order #1 with Safenet Services, LLC. of Corpus Christi, Texas in the amount of $390,873.00 for the HEB and Al Kruse Tennis Centers for the replacement and reconstruction of the elevated viewing platform at the HEB Tennis Center. (Bond 2012) Attachments: Agenda Memo - Tennis Centers Budget - Tennis Centers Ordinance - HEB & Al Kruse Tennis Centers Agreement - CCTA Tennis Centers Change Order 1 - Tennis Centers Presentation - Tennis Centers Change Order No. 1 P. FUTURE AGENDA ITEMS: (ITEMS 19 - 31) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 19. 16-0141 Resolution approving the submission of a grant application for funding available under the Violence Against Women Act (VAWA) Fund Resolution authorizing the submission of a grant application in the amount of $46,226.82 to the State of Texas, Criminal Justice Division, for funding available under the Violence Against Women Act (VAWA) fund for the Police Department's Family Violence Unit with a city match of $20,000.52, an in-kind match of $6,900.00, for a total project cost of $73,127.34; and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. Attachments: Agenda Memo - VAWA application 02.16.2016 Resolution - VAWA 2016 20. 16-0154 Resolution approving the submission of a grant application for funding available under the Victims of Crime Act (VOCA) Fund Resolution authorizing the submission of a grant application in the amount of $179,149.24 to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) fund for the Police Department's Family Violence Unit to continue the Victim Outreach Program with a city match of $21,340 and $40,480 in-kind services, for a total project cost of $240,969.24; and authorizing the City Manager or designee to apply for, accept, reject, alter or terminate the grant. Corpus Christi Page 9 Printed on 2/15/2016 City Council Meeting Agenda - Final February 16, 2016 Attachments: Agenda memo - VOCA Outreach 02.09.2016 Resolution - VOCA GRANT Victims outreach 2016 21. 16-0203 Resolution authorizing the purchase of an Eco -Filter System for the Greenwood Wastewater Treatment Plant Emmissions and Odor Control Improvement Project Resolution authorizing the City Manager or designee to purchase an EcoFilter System from BioAir Solutions, LLC, of Voorhees Township, New Jersey, for a total cost of $257,740 for the Greenwood Wastewater Treatment Plant Emissions and Odor Control Improvement Project. Attachments: Agenda Memo - BioAir Solutions Resolution - BioAir Solutions Price Sheet - BioAir Solutions 22. 16-0142 Approving a Construction Contract for the Navigation Boulevard Street project from Up River Road to Leopard Street (Bond 2012) Motion authorizing the City Manager, or designee, to execute a construction contract with Clark Pipeline Services, LLC of Corpus Christi, Texas in the amount of $7,808,705.83 and to execute a construction materials testing agreement with Rock Engineering and Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $56,471.00 for the Navigation Boulevard Street project from Up River Road to Leopard Street for the Base Bid Part 2 (Hot Mix Asphaltic Concrete) BOND 2012. Attachments: Agenda Memo - Navigation Project Budget - Navigation Presentation - Navigation Location Map Navigation Blvd Rock Testing Agreement 23. 16-0143 Engineering Design -Build Contract for the J.C. Elliott Collection Center Building and Site Improvements Motion authorizing the City Manager, or designee, to execute a design build contract with SafeNet Services, LLC of Corpus Christi, Texas for the J. C. Elliott Collection Center Building and Site Improvements project in the amount of $904,375 for the total base bid and additive alternate 1. Attachments: Agenda Memo - JC Elliott Collection Center Project Budget - JC Elliott Collection Center with formulas Location Map - JC Elliott Collection Center Presentation - JC Elliott Collection Center Building 24. 16-0155 Approving two Real Estate Sales Contracts for aquisition of right of Corpus Christi Page 10 Printed on 2/15/2016 City Council Meeting Agenda - Final February 16, 2016 way for the County Road 52, Phase 2, Extension Project (Bond 2012) Motion authorizing the City Manager or designee to execute Real Estate Sales Contracts with Nueces Electric Cooperative, Inc. (NEC) in the amount of $715,980 plus $6,000 in estimated closing costs for acquisition of Parcel 1 and with Solomon Abdo and A.L. Hernden in the amount of $128,350 plus $2,300 in estimated closing costs for acquisition of Parcel 2, for a total expenditure of $852,630 for both parcels, for the purpose of acquiring fee simple surface rights to two tracts of land containing a total of 11.57 acres including 2,400 linear feet of existing paved road improvements across the NEC property, both located 0.6 miles south of Northwest Boulevard (FM624) and west of FM 1889, required for the construction of the County Road 52 Extension Project - CR69 to FM 1889. (Bond 2012) Attachments: Agenda Memo - CR 52 Right of Way Acquisition Location Map - CR 52 Right of Way Acquisition Contract- NEC - CR 52 Right of Way Acquisition Contract- Abdo & Hernden - CR 52 Right of Way Acquisition 25. 16-0186 Resolution in support of the Avanti at Calallen Apartments an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) (Related Items 25 - 29) Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as the Avanti at Calallen Apartments to be developed by MDS Housing Leopard, Ltd. Attachments: Agenda Memo - Avanti at Calallen Resolution - Avanti at Calallen Presentation - HCD Affordable Housing Resolutions 26. 16-0212 Resolution in support of Calallen Apartments an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Calallen Apartments to be developed by ProsperaHCS Calallen, LP. Attachments: Agenda Memo - Calallen Apartments Resolution - Calallen Apartments 27. 16-0213 Resolution in support of Cayetano Villas of Calallen Apartments an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) Corpus Christi Page 11 Printed on 2/15/2016 City Council Meeting Agenda - Final February 16, 2016 Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Cayetano Villas of CalaIlen Apartments to be developed by Cayetano Housing and Development. Attachments: Agenda Memo - Cayetano of CalaIlen Apartments Resolution - Cayetano of CalaIlen 28. 16-0214 Resolution in support of Mar Bella Providence Apartments an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as the Mar Bella Providence Apartments to be developed by the ITEX Group, LLC. Attachments: Agenda Memo - Mar Bella Providence Resolution - Mar Bella Providence 29. 16-0215 Resolution in support of Samuel Place Apartments an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Samuel Place Apartments to be developed by TG 110 Samuel Place, LP. Attachments: Agenda Memo - Samuel Place Resolution - Samuel Place Apartments 30. 16-0188 Resolution identifying the project known as Samuel Place Apartments located at 4315 Carroll Lane, in the City Central Corridor Community Revitalization Plan which will contribute to revitalization efforts Resolution of the City Council of the City of Corpus Christi, Texas identifying the project known as Samuel Place Apartments as a development that will contribute most signifcantly to the concerted revitalization efforts of the City in the City Central Corridor; and providing for an effective date. Attachments: Agenda Memo - Revitalization Plan Resolution Resolution - Most Significant Contribution Samuel Place Community Revitalization Plan Adopted Central Corridor Map - Samuel Place 31. 16-0120 Resolution authorizing the submission of a grant application in the amount of up to five million dollars ($5,000,000) to the Office of the Corpus Christi Page 12 Printed on 2/15/2016 City Council Meeting Agenda - Final February 16, 2016 Governor for funding from the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant Program Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of up to five million dollars ($5,000,000) to the Office of the Governor for funding from the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant Program. Attachments: Agenda Memo - DEAAG Application March 2016 Resolution - DEAAG Rd 2 Q. BRIEFINGS: (ITEM 32) 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. 32. 16-0147 Corpus Christi Regional Economic Development Corporation (CCREDC) Quarterly Economic Update Attachments: Agenda Memo - CCREDC Presentation - CCREDC Feb 2016 R. ADJOURNMENT Corpus Christi Page 13 Printed on 2/15/2016 Corpus Christi Meeting Minutes City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, February 9, 2016 11:30 AM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. A. Mayor Nelda Martinez to call the meeting to order. Mayor Martinez called the meeting to order at 11:32 a.m. B. Invocation to be given by Reverend Bruce Wilson, Church of Reconciliation. Reverend Bruce Wilson gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Sue Harris - CaII Center Lead, Communications. Executive Assistant to the City Secretary Monique Lerma 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 City 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: 8 - Mayor Nelda Martinez,Council Member Rudy Garza,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lillian Riojas,Council Member Lucy Rubio,Council Member Brian Rosas, and Council Member Carolyn Vaughn Absent: 1 - Council Member Mark Scott E. Proclamations / Commendations 1. Arts & Cultural Commission's Recognition of the 2016 Arts Grant Recipients and Check Presentation Mayor Martinez introduced Arts & Cultural Commission's Chairperson Brad Kiser who recognized and presented a check to the 2016 Arts Grants Recipients. Corpus Christi Page 1 Printed on 2/12/2016 City Council Meeting Minutes February 9, 2016 G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Martinez deviated from the agenda and referred to City Manager's comments. City Manager Ron Olson spoke on the following topics: a. OTHER 1)The Parks and Recreation Department is currently working on a Program Master Plan and conducting an on-line survey. City Manager Olson invited the public to participate in the on-line survey which will run now until February 19, 2016. The survey is posted at www.ccparkandrec.com. 2) A Glass Recycling event will be held on Saturday, February 13, 2016 at the Wal-Mart located on Saratoga Boulevard from 9:00 a.m. to 3:00 p.m. Volunteers are needed to assist the Solid Waste Department. 3) In anticipation of a potential problem with the Zika Virus, the City has ordered additional mosquito control materials in the event extra spraying is needed. 4) City Manager Olson recognized Assistant City Manager Gus Gonzalez who is leaving the City of Corpus Christi. City Manager Olson thanked Assistant City Manager Gonzalez for his service to the City and presented him with a Certificate of Appreciation. 5) With the departure of the three Assistant City Managers and various Department Director vacancies, City Manager Olson announced the following appointments: Mark Van Vleck, Assistant City Manager of Public Works & Utilities; Jay Ellington, Interim Assistant City Manager of Safety, Health & Neighborhoods; Gilbert Sanchez, Risk Manager; Terry Teri, Interim Municipal Court Administrator; Edgar Leonard, Interim Director of Facilities; Stacie Talbert-Anaya, Interim Director of Parks and Recreation; Dan Grimsbo, Executive Director of Utilities; and Dan McGinn, Interim Director of Development Services. I. MINUTES: 2. Regular Meeting of January 26, 2016. Mayor Martinez deviated from the agenda and referred to approval of the minutes. A motion was made by Council Member Garza, and seconded by Council Member Rosas that the Minutes be passed. The motion carried by a unanimous vote. H. CITY SECRETARY'S REPORT Mayor Martinez referred to City Secretary's Report. City Secretary Rebecca Huerta explained that historically, the City Council has chosen to cancel the regular Council meeting that falls during Spring Break. This year, that meeting falls on March 15, 2016. Per the City Charter, the City Council can choose to adjust their regularly scheduled meetings for reasons recorded in the minutes. The City Council meeting schedule is historically set during the City Council Retreat. The Retreat this year will not be held until after Spring Break. City Secretary Huerta inquired whether there is Council concurrence to cancel the regular Council meeting on March 15, 2016. Council Member McIntyre made a motion to cancel the March 15, 2016 regular Council meeting, seconded by Council Member Rubio and passed. Corpus Christi Page 2 Printed on 2/12/2016 City Council Meeting Minutes February 9, 2016 P. FIRST READING ORDINANCES: (ITEMS 19 - 24) 24. First Reading Ordinance - Clarifying the definition of taxicab to include Transportation Network companies Ordinance amending Chapter 57, Section 57-20 of the Corpus Christi Code of Ordinance to clarify the definition of "taxicab" to clearly specify that drivers for transportation network companies are subject to the City's taxicab regulations; and providing for severance, publication, penalty, and effective date. Mayor Martinez referred to Item 24 and requested a motion to table this item. Council Member McIntyre made a motion to table Item 24, seconded by Council Member Rubio and passed unanimously. J. BOARD & COMMITTEE APPOINTMENTS: 3. Building Code Board of Appeals Corpus Christi Convention and Visitors Bureau Corpus Christi Regional Transportation Authority Electrical Advisory Board Mechanical/Plumbing Advisory Board Mayor Martinez deviated from the agenda and referred to board and committee appointments. The following appointments were made: Building Code Board of Appeals Council Member McIntyre made a motion to reappoint Ramiro Munoz III (Building Industry), seconded by Council Member Riojas and passed unanimously. Corpus Christi Convention and Visitors Bureau Mayor Martinez nominated Ed Cantu (At -Large). Council Member McIntyre nominated Johnny Philipello (At -Large). Ed Cantu (At -Large) was appointed with Council Members Rosas, Magill, Garza, Martinez, and Rubio voting for Ed Cantu and Council Members Riojas, Vaughn, and McIntyre voting for Johnny Philipello. Corpus Christi Regional Transportation Authority Council Member Magill made a motion to appoint Conrado Garcia, seconded by Council Member Rubio and passed unanimously. Electrical Advisory Board Corpus Christi Page 3 Printed on 2/12/2016 City Council Meeting Minutes February 9, 2016 Council Member McIntyre made a motion to reappoint Kevin Martinez (Master Electrician) and Vernon Wuensche P.E. (Registered Professional Engineer), seconded by Council Member Rubio and passed unanimously. Mayor Martinez asked that the record reflect that she is not related to Kevin Martinez. Mechanical/Plumbing Advisory Committee Council Member McIntyre made a motion to reappoint Ronald Klepac (Heating, Ventilation, Air Conditioning and Refrigeration Business) and Jared Merdes P.E. (Mechanical Engineer), seconded by Council Member Riojas and passed unanimously. Council Member McIntyre made a motion to appoint Mike Dildy (Master Plumber), seconded by Council Member Garza and passed unanimously. Council Member Magill made a motion to appoint Maverick C. Volesky, Jr. (Plumber), seconded by Council Member Garza and passed unanimously. K. EXPLANATION OF COUNCIL ACTION: L. CONSENT AGENDA: (ITEMS 4 - 6) Approval of the Consent Agenda Mayor Martinez referred to the Consent Agenda. There were no comments from the Council or the public. A motion was made by Council Member Rubio, seconded by Council Member Riojas, to approve the Consent Agenda. The consent agenda items were approved by one vote as follows: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 4. Second Reading Ordinance - Lease Agreement for Buc Days Festival for years 2016-2020 (1st Reading 1/26/16) Ordinance authorizing the City Manager or designee to execute a lease agreement with the Buccaneer Commission, Inc. for 2016-2020 Buc Days Festival and related activities to allow use of City property including areas bounded by Kinney Street, North Shoreline Boulevard, South Shoreline Boulevard, and Park Avenue, including adjacent parking lots and also including the Bayfront Park located along Shoreline Boulevard between Resaca Street and Power Street with payment of fees not to exceed $37,000 in years 2016-2018, and $40,000 in years 2019-2020. Corpus Christi Page 4 Printed on 2/12/2016 City Council Meeting Minutes February 9, 2016 5. 6. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030755 Second Reading Ordinance - Accepting and appropriating the reimbursement grant funds for FY 2015 for the Home Delivered Meals Program (1st Reading 1/26/16) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a $165,282 grant in Managed Care funds from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation Grants fund for the FY 2015 Senior Community Services, Home Delivered Meals Program. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030756 Second Reading Ordinance - Appropriating funds and executing an Interlocal Agreement, an Advance Funding Agreement, and a Master Services Agreement for traffic improvements along Spur 3 Corridor (Ennis Joslin Road) from SH 358 (South Padre Island Drive) to Ocean Drive (1st Reading 1/26/16) Ordinance appropriating funds in the amount of $100,000 and authorizing the City Manager or designee to execute an Interlocal Cooperation Agreement with Texas A & M University - Corpus Christi (TAMU-CC); to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) with a required payment to TXDOT in the amount of $18,120; and to execute Master Service Agreement with Maldonado -Burkett Intelligent Transportation Systems, LLP (MBITS) in an amount not to exceed $547,275.87 for the design of traffic improvements citywide. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030757 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 choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Mayor Martinez deviated from the agenda and referred to comments from the public. City Attorney Miles K. Risley reviewed the Rules of Decorum for the Council meeting. Libby Edwards, 14158 Cutlass, provided an update on items Corpus Christi Page 5 Printed on 2/12/2016 City Council Meeting Minutes February 9, 2016 discussed during the Island Strategic Action Committee's February meeting, including the Park Road 22 Bridge and the area development plan. Ofelia Chavez, 4409 Mount Vernon, spoke regarding the Code Enforcement Department's removal of a vehicle from her property. Jack Gordy, 4118 Bray, provided copies of the City of Corpus Christi's Code of Ordinances regarding the blocking of streets and sidewalks and questioned how the City is exempt from removing the palm trees from the sidewalk on Airline Road. Linda Gibeaut, 14158 Southern, spoke regarding making Corpus Christi a "No Kill" city and making every effort to save animals. The following individuals spoke in support of Item 18, discussion on an initiative proposing an ordinance to require enactment of police guidelines to enable officers to cite and release for specific offenses: Phillip Goff, 4224 Ocean Drive; Clayton Phillips; Jim Whitworth, 36 Lakeshore Drive; Sylvia Whitworth, 36 Lakeshore Drive; Rick Gomez; Sophie Townsend, 4518 Driftwood; Courtney Jack, 5026 Cain Drive; Evangelina Beasley, 245 Clemmer; and Josie Valdez, 4134 Shaw. N. PUBLIC HEARINGS: (ITEMS 11 - 14) 11. Public Hearing and First Reading Ordinance - Rezoning property located at 11330 Leopard Street Case No. 0116-03 Fantozzi, Ltd.: A change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District. The property is described as Lot 4, Block 1, Wal-Mart Subdivision, located on the north side of Leopard Street between Violet Road and Hart Road. Planning Commission and Staff Recommendation (January 13, 2016): Denial of the change of zoning to the "IL" Light Industrial District and, in lieu thereof, approval of the "CG-2/SP" General Commercial District with a Special Permit for limited industrial uses, subject to a site plan and nine conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Fantozzi, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to Lot 4, Block 1, Wal-Mart Subdivision, from the "CG -2" General Commercial District to the "CG-2/SP" General Commercial District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 11. Interim Director of Development Services Dan McGinn stated that the purpose of this item is to rezone the subject property to allow for light industrial -type uses on the property. Mr. McGinn said the Planning Commission and staff recommend denial of the "IL" Light Industrial District and, in lieu thereof, approval of the "CG-2/SP" General Commercial District with a Special Permit for limited industrial uses, subject to a site plan and nine (9) conditions. Corpus Christi Page 6 Printed on 2/12/2016 City Council Meeting Minutes February 9, 2016 Mayor Martinez opened the public hearing. There were no comments from the public. Mayor Martinez closed the public hearing. Council members spoke regarding the following topics: the property location of the former Wal-Mart building; the type of business considered for the rezoned property; the difference between "IL" and "CG -2" zoning; whether apartments are an allowable use in the "CG -2"; and the special permit conditions providing protection to the neighborhood. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Magill. City Attorney Miles K. Risley recommended that the City Council wait to take action on this item until after the discussion in executive session. Council Member Garza withdrew his motion and Council Member Magill withdrew his second. 12. Public Hearing and First Reading Ordinance - Rezoning property located at 437 Opportunity Drive Case No. 0116-01 Mint Business Professionals, LLC: A change of zoning from the "IL" Light Industrial District to the "CG -2" General Commercial District. The property is described as Lot 61, Block 3, 100 South Padre, located on the southwest corner of Enterprize Parkway and Opportunity Drive. Planning Commission and Staff Recommendation (January 13, 2016): Approval of the change of zoning from the "IL" Light Industrial District to the "CG -2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Mint Business Professionals, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 61, Block 3, 100 South Padre, from the "IL" Light Industrial District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 12. Interim Director of Development Services Dan McGinn stated that the purpose of this item is to rezone the subject property to allow for the construction of a hotel. Mr. McGinn stated that the Planning Commission and staff are in favor of the zoning change. Mayor Martinez opened the public hearing. There were no comments from the Council or the public. Mayor Martinez closed the public hearing. Council Member Rubio 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: Corpus Christi Page 7 Printed on 2/12/2016 City Council Meeting Minutes February 9, 2016 Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 13. Public Hearing and First Reading Ordinance - Rezoning property located at 1914 Lipan Street Case No. 0116-02 City of Corpus Christi: A change of zoning from the "IH" Heavy Industrial District to the "RS -4.5" Single -Family 4.5 District. The property is described as Lot 5A, Block 4, Brennan Addition, located on the north side of Lipan Street between Coke Street and 19th Street. Planning Commission and Staff Recommendation (January 13, 2016): Approval of the change of zoning from the "IH" Heavy Industrial District to the "RS -4.5" Single -Family 4.5 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by the City of Corpus Christi ("Owner"), by changing the UDC Zoning Map in reference to Lot 5A, Block 4, Brennan Addition, from the "IH" Heavy Industrial District to the "RS -4.5" Single -Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 13. Interim Director of Development Services Dan McGinn stated that the purpose of this item is to rezone the subject property to allow for the development of single-family housing in this area. Mr. McGinn said the Planning Commission and staff are in favor of the zoning change. Mayor Martinez opened the public hearing. There were no comments from the public. Mayor Martinez closed the public hearing. Council members spoke regarding the following topics: support for repurposing the lot for residential use; the drainage ditch that abuts the property; whether the single-family homes will require flood insurance; and the condition of a home located behind the subject property. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Vaughn. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Corpus Christi Page 8 Printed on 2/12/2016 City Council Meeting Minutes February 9, 2016 14. Abstained: 0 Public Hearing and First Reading Ordinance - Amending the Unified Development Code to update regulations and improve implementation Ordinance amending the Unified Development Code by revising subsection 1.11.3 "Defined Terms", table 4.3.2 "Permitted Uses", table 4.3.3 "Residential Development Standards (Single -Family Districts)", table 4.3.4 "Housing Types", subsections 5.1.2.A "Household Living", 5.5.3.E.6 "Setbacks (for) Wireless Telecommunication Facilities", 7.5.3.A.1 "Single Tenant Freestanding Sign", 7.5.3.C.1 "Multi-tenant(3 or more tenants) Freestanding Sign", 7.5.27.D.10 "Definition (of) Legible", 8.2.1.B.3 "Street Right -of -Way Dimensional Standards", table 8.2.1.0 "Non -Local Street Standards", and table 8.2.1.D "Rural Street Standards" providing for severance; providing for penalties; providing for publication; and providing for an effective date. Mayor Martinez referred to Item 14. Interim Director of Development Services Dan McGinn stated that the purpose of this item is to propose various text amendments to the Unified Development Code (UDC). Mr. McGinn said the Planning Commission and staff are in favor of the text amendments. Mayor Martinez opened the public hearing. There were no comments from the public. Mayor Martinez closed the public hearing. Council members spoke regarding the following topics: the clarification on modular housing; examples of modular residential in the City; the difference between modular and manufactured housing; whether there is a market for modular housing; an explanation of the amendment to Section 7.5.27.D.10; the cost impact associated with increasing the sidewalk width from four feet to five feet for minor residential; corrections to address manufactured homes in Section 5.1.2.A; and whether modular housing could be used on the property in Item 13 of this agenda. Council member Rubio made a motion to approve Item 14, seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 M. EXECUTIVE SESSION: (ITEMS 7 - 10) Mayor Martinez deviated from the agenda and referred to the day's executive sessions. The Council went into executive session. Council Member Magill recused himself from the discussion on Item 10 related to annexation. Corpus Christi Page 9 Printed on 2/12/2016 City Council Meeting Minutes February 9, 2016 7. 8. 9. 10. Executive session pursuant to Texas Government Code § 551.074 (personnel matters) to deliberate employment issues concerning the City Manager. Mayor Martinez referred to Item 7 regarding the employment contract for City Manager Ron Olson. Mayor Martinez made a motion to approve an Amended Employment Agreement for City Manager Ronald Olson in the form as presented, seconded by Council Member Riojas. This Motion was passed and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 Enactment No: M2016-018 Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining matters and/or the collective bargaining agreements between the City of Corpus Christi and the Corpus Christi Firefighters Association. This E -Session Item was discussed in executive session. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to housing tax credit projects and the provision of affordable housing. This E -Session Item was discussed in executive session. Executive session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to extraterritorial jurisdiction and City boundaries, including, but not limited to, annexation and rights and remedies pursuant to Chapter 43 of the Texas Local Government Code, and certificates of convenience and necessity. City Secretary Huerta announced that Council Member Magill recused himself from the discussion on Item 10 related to annexation. This E -Session Item was discussed in executive session. N. PUBLIC HEARINGS: (ITEM 11) 11. Public Hearing and First Reading Ordinance - Rezoning property located at 11330 Leopard Street Corpus Christi Page 10 Printed on 2/12/2016 City Council Meeting Minutes February 9, 2016 Case No. 0116-03 Fantozzi, Ltd.: A change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District. The property is described as Lot 4, Block 1, Wal-Mart Subdivision, located on the north side of Leopard Street between Violet Road and Hart Road. Planning Commission and Staff Recommendation (January 13, 2016): Denial of the change of zoning to the "IL" Light Industrial District and, in lieu thereof, approval of the "CG-2/SP" General Commercial District with a Special Permit for limited industrial uses, subject to a site plan and nine conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Fantozzi, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to Lot 4, Block 1, Wal-Mart Subdivision, from the "CG -2" General Commercial District to the "CG-2/SP" General Commercial District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez returned to the discussion of Item 11. Interim Director of Development Services Dan McGinn stated that staff has evaluated the proposed project for this subject property and reported that the tax credit application project is an allowable use in the "CG -2" zoning. Mayor Martinez reopened the public hearing. There were no comments from the Council or the public. Mayor Martinez closed the public hearing. Council Member Garza made a motion to approve the ordinance, seconded by Council Member McIntyre. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 O. REGULAR AGENDA: (ITEMS 15 - 18) 15. Resolution approving Street Preventative Maintenance Program (SPMP) Year 3 Annual Work Plan Resolution approving the concepts, direction, and general work plan for the third year of the Street Preventative Maintenance Program (SPMP) -- the 2016 SPMP Work Plan Mayor Martinez referred to Item 15. Director of Engineering Services Jeff Edmonds stated that the purpose of this item is to approve the 2016 Work Plan Corpus Christi Page 11 Printed on 2/12/2016 City Council Meeting Minutes February 9, 2016 for the Street Preventative Maintenance Program (SPMP). Mr. Edmonds said the next steps will include approval of the engineering design contract and rebid of the seal coat contract based on recommendations from the Street Committee to allow for more contractor participation. Mr. Edmonds pointed out that the presentation provided at the January 26, 2016 City Council meeting could have given the impression that the overlay program was behind schedule. Mr. Edmonds clarified that the overlay program is not behind schedule and progress is at 65%. Mr. Edmonds stated that there is an amendment to the street list to remove Creek View Drive from Wood Creek Drive to Creek Side Drive (Object ID. 247062). Mayor Martinez called for comments from the public. Randall Moore, Haas -Anderson Construction, thanked Mr. Edmond for making the clarification to the presentation that was previously presented. Mr. Moore discussed the completion of the contract work that has been authorized and raised concerns about the rebid of the seal coat contract for Year 4. There were no comments from the Council. Council Member Magill made a motion to amend the work plan to remove Object ID. 247062 in overlays because the PCI is 32 and not eligible for this program, seconded by Council Member McIntyre and passed unanimously. Council Member Garza made a motion to approve the resolution as amended, seconded by Council Member McIntyre. This Resolution was passed as amended and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 Enactment No: 030758 16. Engineering Design Amendment No. 1 for the Citywide Street Preventative Maintenance Program Year 3 Motion authorizing the City Manager, or designee, to develop a year three work plan by executing Amendment No. 1 with Coym, Rehmet & Gutierrez Engineering, L.P. of Corpus Christi, Texas in the amount not to exceed $867,370.00 for a restated fee for not to exceed $916,735.00 for the Citywide Street Preventative Maintenance Program (SPMP) Year 3 project. Mayor Martinez referred to Item 16. Director of Engineering Services Jeff Edmonds stated that the purpose of this item is to execute Amendment No. 1 to the engineering contract with Coym, Rehmet & Gutierrez Engineering, L.P. for the Street Preventative Maintenance Program Year 3 Work Plan. There were no comments from the Council or the public. Council Member McIntyre made a motion to approve the motion, seconded by Council Member Garza. This Motion was passed and approved with the following vote: Corpus Christi Page 12 Printed on 2/12/2016 City Council Meeting Minutes February 9, 2016 17. 18. Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 Enactment No: M2016-019 Resolution approving an Agreement for the Adjustment of Corpus Christi Municipal Utilities in Connection with the US 181 Harbor Bridge Replacement Project Resolution authorizing the City Manager or designee to execute the Agreement for the Adjustment of the City Utilities in connection with the US 181 Harbor Bridge Replacement Project Mayor Martinez referred to item 17. Director of Engineering Services Jeff Edmonds stated that the purpose of this item is to execute an agreement for the adjustment of City utilities in connection with the US 181 Harbor Bridge Replacement Project. There were no comments from the Council or the public. Council Member Garza made a motion to approve the resolution, seconded by Council Member Magill. This Resolution was passed and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 Enactment No: 030759 Discussion regarding Initiative Proceedings and Consideration of an Ordinance proposed by citizen's initiative to require the Chief of Police to issue guidelines providing for citation, instead of arrest, of some persons accused of specified Class A and Class B misdemeanor offenses Discussion on Initiative Proceedings and consideration of an Ordinance amending the Code of Ordinances, Chapter 43, Police, by adding Section 43-12 authorizing guidelines regarding the issuance of citations for certain Class A and Class B misdemeanor offenses as allowed under Texas Code of Criminal Procedure Article 14.06 (c) and (d). Mayor Martinez referred to Item 18. City Secretary Rebecca Huerta stated that the purpose of this item is to discuss the initiative proceedings to include the initiative process, and the legal and administrative implications of the proposed ordinance. City Secretary Huerta explained that the initiative allows Corpus Christi Page 13 Printed on 2/12/2016 City Council Meeting Minutes February 9, 2016 citizens to propose ordinances to the City Council. The City Council may chose to adopt, reject, or take no action on the proposed ordinance within the next 45 days (by March 25, 2016). If the City Council chooses to adopt the ordinance, the ordinance would become part of the City Code. If the Council rejects the ordinance or takes no action, then the City Secretary distributes petition pages to the proponents for distribution. The proponents have 90 days to obtain signatures of five percent of the registered voters to place the issue on the November 8, 2016 ballot. The purpose of the ordinance would require the Police Chief to adopt guidelines enabling officers to cite and release, rather than automatically arrest, certain low-level offenses per state law. City Attorney Miles K. Risley referred to the Texas Code of Criminal Procedure Article 14.06 (c) and (d) and discussed the legal implications of the ordinance and the eligible offenses for cite and release. Police Chief Mike Markle stated that this process has been available to law enforcement since 2007 without the necessity of the ordinance. Police Chief Markle said that very few Texas cities have implemented the process. Police Chief Markle explained that implementation is contingent upon working relationships with other governmental agencies and passage of the ordinance cannot ensure the Police Department's ability to implement the process. Police Chief Markle stated that staff does not recommend approval of this ordinance. Mayor Martinez called for comments from the public. Kyle Hoelscher, 529 Naples; Eric Tasby, 4716 Archer; Kathleen Gray, 7609 Cold Springs Drive, and Christopher Salinas, 6402 Weber Road, spoke in support of adopting the proposed ordinance. Rick Milby, 4412 High Ridge Drive, spoke in opposition to the proposed ordinance. Mayor Martinez asked for a motion to approve the ordinance. No one made a motion. The Council took no action on the ordinance. P. FIRST READING ORDINANCES: (ITEMS 19 - 23) 19. First Reading Ordinance - Accepting and appropriating the FY 2016 Local Border Security Program (LBSP) Grant Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $90,000 from the State of Texas Governor's Homeland Security Grants Division for funding eligible under the FY2016 Local Border Security Program (LBSP) grant to reimburse overtime, fringe benefits, and mileage; and appropriating the $90,000 in the No. 1061 Police Grants Fund. Mayor Martinez referred to Item 19. Police Chief Mike Markle stated that the purpose of this item is to accept and appropriate grant funding from the FY2016 Local Border Security Program grant to reimburse overtime, fringe benefits, and mileage. There were no comments from the Council or the public. Council Member McIntyre made a motion to approve the ordinance, seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: Corpus Christi Page 14 Printed on 2/12/2016 City Council Meeting Minutes February 9, 2016 Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 20. First Reading Ordinance - Accepting and appropriating grant funds for the Hazardous Materials Emergency Preparedness (HMEP) grant program Ordinance authorizing the City Manager, or designee, to execute all documents necessary to accept a grant of services budgeted for $70,000 from Texas Department of Public Safety, Governor's Division of Emergency Management, for FY 2016 Hazardous Materials Emergency Preparedness (HMEP) grant program to conduct an update to the 2010 Commodity Flow Study with a hard match of $14,000; appropriating the $14,000 in the Local Emergency Planning Committee (LEPC) Fund No. 6060; and changing the FY 2015-16 Operating budget adopted by Ordinance No. 030620 by increasing expenditures in the Local Emergency Planning Committee Fund No. 6060 by $14,000. Mayor Martinez referred to Item 20. Fire Chief Robert Rocha stated that the purpose of this item is to accept a grant from the Texas Department of Pubic Safety to update the 2010 Commodity Flow Study. There were no comments from the Council or the public. Council Member McIntyre made a motion to approve the ordinance, seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 21. First Reading Ordinance - Appropriating funds for the repair of Medic Unit 3 Ordinance appropriating $8,593.79 received from the Texas Municipal League Intergovernmental Risk Pool into the General Fund No. 1020 to repair Medic Unit 3; and changing the FY 2015-16 Operating Budget adopted by Ordinance No. 030620 by increasing revenue and expenditures in the General Fund No. 1020 by $8,593.79. Mayor Martinez referred to item 21. Fire Chief Robert Rocha stated that the purpose of this item is to appropriate $8,593.79 received from the Texas Municipal League Intergovernmental Risk Pool to repair Medic Unit 3. There Corpus Christi Page 15 Printed on 2/12/2016 City Council Meeting Minutes February 9, 2016 were no comments from the Council or the public. Council Member Riojas made a motion to approve the ordinance, seconded by Council Member McIntyre. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 22. First Reading Ordinance - Accepting and appropriating grant for the Senior Companion Program (SCP) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant awarded by the Corporation for National and Community Service in the amount of $60,060 for the Senior Companion Program; appropriating the $60,060 grant in the No. 1067 Parks and Recreation Grants Fund for the Senior Companion Program. Mayor Martinez referred to Item 22. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to appropriate grant funding to allow for the expansion of the Senior Companion Program (SCP). There were no comments from the Council or the public. Council Member Rubio made a motion to approve the ordinance, seconded by Council Member McIntyre. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 23. First Reading Ordinance - Appropriating funds for a Master Services Agreement for Capital Improvement Program Projects at the Corpus Christi International Airport (CCIA) Ordinance to appropriate and transfer $1,500,000 from Fund 4610 Airport Unreserved Fund Balance to Fund 3018 Airport Capital Reserve, amending the FY 2016 Operating Budget adopted by Ordinance No. 030620 and authorizing the City Manager or designee to execute Master Services Agreements with Garver, LLC and KSA Engineers, Inc. to provide professional services for the Corpus Christi International Airport. Mayor Martinez referred to Item 23. Director of Engineering Services Jeff Corpus Christi Page 16 Printed on 2/12/2016 City Council Meeting Minutes February 9, 2016 Edmonds stated that the purpose of this item is to execute Master Services Agreements for professional services with Garver, LLC and KSA Engineers, Inc. for professional services for the Corpus Christi International Airport. There were no comments from the Council or the public. Council Member Rubio made a motion to approve the ordinance, seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 Q. FUTURE AGENDA ITEMS: (ITEMS 25 - 28) Mayor Martinez referred to Future Agenda Items. City Manager Olson stated that staff had planned presentation for Items 25 - 28. 25. Resolution authorizing the Texas Coalition for Affordable Power, Inc. (TCAP) to negotiate an electric supply agreement for five years for deliveries of electricity effective January 1, 2018 and obligate City to purchase electricity pursuant to said agreement Resolution of the City Council of Corpus Christi, Texas authorizing the Texas Coalition for Affordable Power, Inc. (TCAP) to negotiate an electric supply agreement for five years for deliveries of electricity effective January 1, 2018; authorizing TCAP to act as an agent on behalf of the City to enter into a contract for electricity; authorizing Jay Doegey or Ronald L. Olson or Tom Tagliabue or Constance Sanchez to execute an electric supply agreement for deliveries of electricity effective January 1, 2018 and committing to budget for energy purchases in 2018 through 2022 and to honor the City's commitments to purchase power for its electrical needs in 2018 through 2022 through TCAP. This Resolution was recommended to the consent agenda. 26. Approving Amendment No.1 for the Ocean Drive Park Improvements - Cole Park (Bond 2012) Motion authorizing the City Manager, or designee, to continue design services through executing Amendment No. 1 to the Contract for Professional Services with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $120,000, fora total revised fee of $131,500 for Ocean Drive Park Improvements - Cole Park, for design, bid and construction phase services.(Bond 2012) This Motion was recommended to the consent agenda. Corpus Christi Page 17 Printed on 2/12/2016 City Council Meeting Minutes February 9, 2016 27. Appointing Financial Advisor for Certificates of Obligation Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for the of City of Corpus Christi, Texas, Combination Tax and Limited Pledge Certificates of Obligation, Series 2016A in an amount not to exceed $20,000,000 $18,140,037. MOTION OF DIRECTION Council Member Magill made a motion directing the City Manager to utilize the $18,140,037 as recommended for the certificates of obligation, seconded by Council Member Vaughn and passed unanimously. This Motion was recommended to the regular agenda. 28. Resolution authorizing publication of Notice of Intention to issue Certificates of Obligation Resolution by the City Council of the City of Corpus Christi, Texas, authorizing and approving publication of Notice of Intention to issue Certificates of Obligation; complying with the requirements contained in Securities and Exchange Commission Rule 15c2-12; and providing an effective date. This Resolution was recommended to the regular agenda. R. BRIEFINGS: (ITEM 29) 29. Strategic Plan for Active Mobility, Phase 1 Bicycles Presented by Jeff Pollack, Transportation Planning Director for Metropolitan Planning Organization Mayor Martinez referred to Item 29. Jeff Pollack, Transportation Planning Director for Metropolitan Planning Organization (MPO), stated that the purpose of this item is to provide an update on the Strategic Plan for Active Mobility, Phase 1 Bicycles. Mr. Pollack stated that last year, he provided a presentation outlining the scope of where infrastructure should be made and in what form to address active mobility. Mr. Pollack added that he made the commitment the MPO to lead the effort, with support of the City and the Corpus Christi Regional Transportation Authority (RTA) to identify a bicycle mobility network. Mr. Pollack discussed the vision and Phase 1 goals to address bicycle mobility. Mr. Pollack provided an overview of the results of the bicycle mobility network: a map reflecting the infrastructure; the key destinations that were reviewed and the percentage within a quarter of mile of the bike network; the outreach process; the methodology and guiding principles; the analysis of hotspots; the vetting process once the network was developed; the types of infrastructure selected; examples of alternative infrastructure; and best practice recommendations. Council members spoke regarding the following topics: the efficiencies and cost saving measures; bicycle mobility being a positive impact to the Corpus Christi Page 18 Printed on 2/12/2016 City Council Meeting Minutes February 9, 2016 S. ADJOURNMENT community; savings on bond projects; an example of the Bike Boulevard infrastructure on Longview Street; the one-way cycle tract on a constrained right-of-way providing the ability to reduce utility cost and move bicyclist off-road; funding alternatives and how the MPO receives funding; an example of connectivity at Greenwood and Saratoga; addressing air quality by developing alternative modes of transportation; the engagement process; and next steps for the City to take. MOTION OF DIRECTION Council Member McIntyre made a motion directing the City Manager to bring back an ordinance to amend the Urban Transportation Plan to incorporation this plan, seconded by Council Member Riojas and passed unanimously. The meeting was adjourned at 7:55 p.m. Corpus Christi Page 19 Printed on 2/12/2016 AGENDA MEMORANDUM Future Item for the City Council Meeting of February 9, 2016 Action Item for the City Council Meeting of February 16, 2016 DATE: TO: FROM: January 26, 2016 Ronald L. Olson, City Manager Miles Risley, City Attorney; Tom Tagliabue, Director of Intergovernmental Relation; and Constance Sanchez, Director of Finance Resolution authorizing the Texas Coalition for Affordable Power, Inc. (TCAP) to negotiate an electric supply agreement for five years for deliveries of electricity effective January 1, 2018 and obligate City to purchase electricity pursuant to said agreement CAPTION: A resolution of the City Council of the City of Corpus Christi, Texas, authorizing the Texas Coalition for Affordable Power, Inc. (TCAP) to negotiate an electric supply agreement for five years for deliveries of electricity effective January 1, 2018; authorizing TCAP to act as an agent on behalf of the city to enter into a contract for electricity; authorizing Jay Doegey or Ronald L. Olson or Tom Tagliabue or Constance Sanchez to execute an electric supply agreement for deliveries of electricity effective January 1, 2018 and committing to budget for energy purchases in 2018 through 2022 and to honor the city's commitments to purchase power for its electrical needs in 2018 through 2022 through TCAP. PURPOSE: Provide stable price of electricity for 5 years following expiration of current contract. BACKGROUND AND FINDINGS: See attached staff report. The City currently purchases electricity from two sources (NEC/Champion and TCAP/Gexa). These contracts will be recombined in this proposed TCAP contract. The City has 193 Nueces Electric Coop meters serviced by Champion Energy and 600+ meters in the AEP service area. For these 600+ meters, the City purchased 138,540,527 kilowatt hours of electricity in 2013. Under this proposed TCAP contract, the City's energy price for its AEP -serviced meters will drop from 7.66 cents per kWh to less than 4.25 cents per kWh. The energy price does not include transmission and distribution charges of 4.69 cents per kWh. These charges are standardized and not susceptible to negotiation. ALTERNATIVES: Purchase electricity from another provider. Three alternatives are described in the Staff Report. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Intergovernmental Relations, Finance, Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Bud et Encumbered / Ex ended Amount This item BALANCE -0- -0- Comments: RECOMMENDATION: Staff recommends adoption. LIST OF SUPPORTING DOCUMENTS: Resolution RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, AUTHORIZING THE TEXAS COALITION FOR AFFORDABLE POWER, INC. (TCAP) TO NEGOTIATE AN ELECTRIC SUPPLY AGREEMENT FOR FIVE YEARS FOR DELIVERIES OF ELECTRICITY EFFECTIVE JANUARY 1, 2018; AUTHORIZING TCAP TO ACT AS AN AGENT ON BEHALF OF THE CITY TO ENTER INTO A CONTRACT FOR ELECTRICITY; AUTHORIZING JAY DOEGEY OR RONALD L. OLSON OR TOM TAGLIABUE OR CONSTANCE SANCHEZ TO EXECUTE AN ELECTRIC SUPPLY AGREEMENT FOR DELIVERIES OF ELECTRICITY EFFECTIVE JANUARY 1, 2018 AND COMMITTING TO BUDGET FOR ENERGY PURCHASES IN 2018 THROUGH 2022 AND TO HONOR THE CITY'S COMMITMENTS TO PURCHASE POWER FOR ITS ELECTRICAL NEEDS IN 2018 THROUGH 2022 THROUGH TCAP 1. WHEREAS, the City of Corpus Christi, Texas (City) is a member of Texas Coalition For Affordable Power, Inc. (TCAP), a non-profit, political subdivision corporation dedicated to securing electric power for its more than 170 members in the competitive retail market; and 2. WHEREAS, TCAP has unique rights under Texas law to negotiate directly in the wholesale market and arrange separate contracts for power supply and retail services which provides TCAP leverage to achieve contract provisions that single city negotiations with a Retail Electric Provider (REP) would be unlikely to produce; and 3. WHEREAS, TCAP's geographic diversity across all four ERCOT zones produces an aggregated peak load that is lower than the total of individual peak loads of the individual TCAP members, allowing price benefits in the wholesale market that are not likely to be available to any given TCAP member alone; and 4. WHEREAS, TCAP and its predecessor organizations, Cities Aggregation Power Project, Inc. (CAPP) and South Texas Aggregation Project, Inc. (STAP), negotiated favorable contract terms that resulted in rebates from the wholesale supplier and reasonable commodity prices for delivered electricity since 2002 resulting in stable budgets for electricity for members; and 5. WHEREAS, commodity prices for electricity experienced significant volatility between 2002 and 2009, with prices ranging from 4 cents to over 13 cents per kWh, causing CAPP and STAP members to welcome a five year contractual commitment that came close to cutting the 2008 prices in half, with that contract being extended until December 31, 2017, with a negotiated price reduction of about 1 cent per kWh; and 6. WHEREAS, TCAP has become a voice to benefit cities and other political subdivisions; and 7. WHEREAS, TCAP is owned by its members and distributes monetary and other resources according to relative load size of members and is controlled by a 15 member Board of Directors, all of whom must be city employees of members who represent diversity in size and geography; and 8. WHEREAS, wholesale power prices within the deregulated Texas market are largely determined by the NYMEX gas futures prices for natural gas which are currently low and relatively stable, but which change daily; and 9. WHEREAS, daily price changes require retail customers to execute a contract immediately upon receipt of a favorable offer; and 10. WHEREAS, pursuant to Texas Local Government Code Section 252.022(a)(15) expenditures for electricity are exempt from competitive bidding requirements; and 2 11. WHEREAS, on any given day, TCAP is able to capture a favorable wholesale price for any period of time, comparable to or better than any given REP or broker; and 12. WHEREAS, TCAP intends to continue to contract with its current wholesale supplier, NextEra, because the relationship with NextEra is such that NextEra is willing, after it knows the size of a given load, to execute a contract at or below prescribed price and terms; and 13. WHEREAS, the City desires to execute a contract for electricity for the period beyond the expiration of its current contract on December 31, 2017, that locks -in favorable wholesale prices under one of three different supply options: Option 1 - fixed-price, full -requirements at a price not to exceed 4.1 cents per kWh for the North and West zones or 4.25 cents per kWh for the South and Houston zones; Option 2 - fixed price for on -peak hours and variable spot market prices for off-peak hours; Option 3 - block energy at a fixed price to cover the base load hours, a fixed price for solar energy to cover mid-day peak hours (approximately 10% of total load) and variable spot market prices for all remaining consumption; and 14. WHEREAS, TCAP will allow members six weeks from receipt of this resolution to consider whether to participate in this second opportunity to contract for post -2017 electrical supply, and thereafter allow NextEra until June 30, 2016 to contact for power for five years at a price not to exceed 4.1 cents per kWh in the North and West zones and a price not to exceed 4.25 cents per kWh in the South and Houston zones for Option 1 , so long as the aggregated load for any of the three supply options reaches at least 50 megawatts; and 15. WHEREAS, wholesale suppliers demand assurance that TCAP will pay for all contracted load; and 3 16. WHEREAS, the City needs to assure TCAP that it will sign a Commercial Electric Supply Agreement (CESA) reflecting the contract extension and budget for energy purchases for the post -2017 period and honor its commitment to purchase power for its electrical needs for 2018 through 2022 through TCAP, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Corpus Christi, TEXAS: Section 1: That the TCAP Board of Directors and its consultants and advisors are agents authorized to negotiate for the City's electricity needs as a member of TCAP for the period 2018 through 2022 at a price not to exceed 4.1 cents per kWh for the North and West zones and a price not to exceed 4.25 cents per kWh in the Houston and South zones for supply Option 1; Section 2: The City prefers to participate in supply Option 1 with the following understanding: a) while supply Option 1 is a full -requirements, fixed-price option, Options 2 (fixed price on -peak, variable spot prices for off-peak usage) and 3 (fixed price for base load, fixed price for a portion of peak load, and variable spot market for remainder) have variable price components and savings over Option 1 cannot be guaranteed, and b) if there is insufficient desire among members to achieve a 50 MW threshold for either Option 2 or 3, the member selecting the inadequately subscribed option will be placed in the Option 1 category. If no option is selected, TCAP will assume that a passed Resolution approves of Option 1. Section 3: Assuming this resolution is passed before February 25, 2016 and the combined load of TCAP members passing this resolution exceeds 50 megawatts for the preferred Option and NextEra is able to provide TCAP an opportunity prior to June 30, 2016 to contract for power to be delivered to members at a price not to exceed 4.1 cents per kWh for the North and West zones and not to exceed 4.25 cents per kWh in the Houston and South zones for supply Option 1 for the period January 1, 2018 through December 31, 2022, any one of the following individuals is hereby authorized to sign an electric supply agreement for the City within 24 hours of receipt of a contract that has been approved and recommended by the TCAP Board of Directors: Jay Doegey or Ronald L. Olson or Tom Tagliabue or Constance Sanchez. Section 4: That the City will commit to purchase power to meet all of its electricity needs eligible for competition pursuant to the TCAP approved supply agreement and approve funds necessary to pay electricity costs proportionate to the City's load under the supply agreement (whether wholesale or retail) arranged by TCAP and signed by TCAP's 4 Executive Director or President or other TCAP representatives authorized by the TCAP Board. Section 5: That a copy of this resolution shall be sent to Jay Doegey, Executive Director, TCAP, 15455 Dallas Parkway, Suite 600, Addison, Texas 75001 and Geoffrey M. Gay, legal counsel to TCAP at 816 Congress Avenue, Suite 1900, Austin, Texas 78701. PRESENTED AND PASSED on this the day of , 2016, by a vote of ayes and nays at a regular meeting of the City Council of Corpus Christi, Texas. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor 5 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 6 Model Staff Report to Support Resolution Authorizing TCAP to Procure Electricity for 2018-2022 This resolution is designed to support the second of several opportunities for TCAP members to contract for electricity for the post -2017 time period. If interested in contracting for a five-year term (2018-2022) during 2016, the authorizing resolution must be passed by the governing body of the interested TCAP member by February 25, 2016. The deadline will allow definition of the load to be served under each of three different electric supply options, which must be at least a minimum of 50 megawatts. Also, the deadline will give the wholesale provider ample opportunity to lock a fixed-price, equal to or less than a specific benchmark for each ERCOT zone, before June 30, 2016. When that supply scenario is locked, each member that passed the authorizing resolution must immediately sign a contract for that power. Please Note: The draft resolution is in Word and blanks must be filled in to identify the member, the preferred supply option and several individuals by name or position who will sign the contract when the appropriate price point is reached. Explanation of Whereas Clauses: What is TCAP? As reflected in the fourth and seventh Whereas clauses, TCAP is a non-profit, political subdivision corporation, owned and controlled by its 171 political subdivision members, the vast majority of whom are cities. TCAP was formed in 2011 from the merger of Cities Aggregation Power Project ("CAPP") and South Texas Aggregation Project ("STAP"), both of which were created in 2001, shortly before retail deregulation became effective on January 1, 2002. TCAP is governed by a 15 member board of directors, all of whom must be city employees or elected city officials. Typically, board members have been mayors, city managers, assistant city managers, finance directors or city attorneys. Market Benefits of TCAP An individual city, citizen or commercial customer can only purchase power directly from a Retail Electric Provider ("REP") which under Texas law exists to give the impression of a competitive market. REPs cannot generate electricity, nor can they own wires. As reflected in the second and fourth Whereas clauses, TCAP, as a political subdivision corporation, uniquely can go directly to the wholesale market. CAPP and STAP, prior to their merger into TCAP, separated contracts between a wholesale supplier and an independent REP, providing TCAP consultants with greater insight into the margins of various market participants than would be possible for most consumers. A broker or a REP would hand a form contract to an individual consumer. In the case of TCAP, no form contract is acceptable and, because of the size of TCAP's load, both wholesale suppliers and REPs are willing to negotiate contract terms that are beneficial to TCAP members, enabling the refunds members have consistently received, special terms for adds and deletes, including an ability to add new loads at current market prices even if the market price is lower than the price of the master agreement. TCAP's benefits regarding pricing TCAP's membership consumes approximately 1.4 billion kWh annually which amounts to approximately $100 million in revenue for the wholesale provider at current contract prices. The value of the aggregated load is extremely appealing to wholesale market participants, enabling TCAP to get the market competitive pricing at any particular moment. As reflected in the third Whereas clause, in addition to the size of its load, TCAP derives benefit from geographic diversity. TCAP members reside in all four ERCOT zones and are spread between the entire length and breadth of Texas, from Wichita Falls to Harlingen and Fort Stockton to Palestine. Since consumption is influenced by weather and since weather conditions are seldom the same across all of Texas, it is unlikely that all TCAP members are reaching peak consumption simultaneously. If the peaks of all TCAP members were totaled, the sum would equal 313.1 MW. But a wholesale supplier looks at the peak consumption of TCAP as an aggregated load rather than the sum of the peaks of all members. TCAP's peak demand is 246.9 MW. That reduction in peak is a specific and unique benefit of aggregation. And unlike other aggregation groups that accept counties and school districts as members, TCAP has focused its membership on cities and other political subdivisions that have a relationship with cities to maintain the very favorable load factor of cities with high off peak consumption from street lights which provides favorable pricing terms. History of CAPP, STAP, TCAP pricing As reflected in the fifth and eighth Whereas clauses, aggregated cities have historically been interested in flat, fixed-price, full -requirements contracts and price stability. The resolution under consideration maintains that goal for a five-year period at a price much lower than the current contract price. In 2002, CAPP and STAP were able to obtain prices for energy at 4 cents per kWh. Very quickly after retail deregulation was implemented, natural gas prices started to rise, and they continued on an upward trend until late 2008. In late 2008, CAPP cities were paying approximately 13.5 cents per kWh. Fear that natural gas price volatility would continue to result in high electricity rates, CAPP cities were excited to lock -in long term rates beginning in 2009 that were significantly lower than prices experienced in the 2007-2008 time frame. STAP cities experienced their highest rate in 2006 at slightly more than 9 cents per kWh. STAP cities saw prices drop to around 7.8 cents per kWh in 2008 and were happy to find a contract that would stabilize prices in the 7 to 8 cent range for an extended period. When CAPP and STAP members signed new contacts in late 2008, no one could have predicted that the economy was about to enter a multi-year recession and that fracking would bring a glut of natural gas to a market with reduced demand, putting natural gas and electricity prices into a downward trend. Fortunately, gas prices have continued to drop and now TCAP members have an opportunity to again capture rates in the range of, and hopefully below, 4 cents per kWh. Contract Requirements As explained in the tenth Whereas clause, there is no legal requirement that a city engage in a competitive bidding process prior to contracting for electricity. The primary expectation of contracting for wholesale energy in a deregulated energy market is that a purchaser sign a contract accepting a particular offered price within 24 hours of receipt of the offer. NYMEX gas futures prices change daily, and since gas prices drive electricity prices, it is unlikely that any given price quote for wholesale electricity during a given period will remain open for more than 2 a day. As explained in the ninth Whereas clause, TCAP members are expected to immediately execute a contract once TCAP's supplier is able to lock in a price at or below the benchmark prices specified in the resolutions for a five-year period commencing January 1, 2018. That is why Section 2 of the resolution requires the naming of specific individuals with whom TCAP can correspond and provide a contract for signing when appropriate. Resolution's Objective As explained in the eleventh thru fourteenth Whereas clauses, after the size of the load for the 2015 contract opportunity is defined by February 25, 2016, TCAP's supplier will look for an opportunity to lock prices for the five-year term at or below specified benchmarks (4.1 — 4.25 cents per kWh). That may happen by the second week of March, but if it appears that prices are trending downward, TCAP will direct its designated supplier, NextEra, to daily monitor the market to hopefully capture a price under lower than benchmarked prices. The window of opportunity for capturing a reasonable price at or below the benchmarks will expire by June 30, 2016. TCAP will develop another supply opportunity in the Fall of 2016 for any members not contracting in this offering. TCAP benefits TCAP membership not only provides political subdivisions with resources to monitor markets, capture reasonable prices and best available terms, stabilize budgets, address problems with invoices and help with governmental reports, provide best of class portals to understand consumption patterns, membership also affords an opportunity to represent to constituents that they have an advocate on their behalf. CHOICE OF SUPPLY OPTION Whereas Clause 13 identifies three different supply options that TCAP has arranged as choices for each member. Option 1 is a fixed price for all consumption regardless of time of day. The price will not exceed 4.1 cents per kWh in the North and West ERCOT zones. It will not exceed 4.25 cents per kWh in the Houston and South zones. The actual price is likely to be less than the benchmark prices. The prices will become effective January 1, 2018. Given that these prices are to be locked in 2016 and will not expire until December 31, 2022, they are reflective of the lowest prices for electricity experienced since the retail market was deregulated January 1, 2002. Generally speaking, there ought to be an expectation that the price of energy will climb marginally for each year of the contract term beyond two years. The possibility of locking -in energy prices at or below 4 cents per kWh for a period that terminates in seven years is truly remarkable based upon the history of deregulation. In the Spring of 2015, TCAP consultants received indicative fixed -prices around 4.5 cents per kWh. They then developed two supply options to the fixed price full requirements contract that offered attractive savings opportunities. Both Options 2 and 3 have variable components related to the energy spot market. While the average spot price in the past three years has been $32.14/Mwh (2013), $38.50/Mwh (2014), $25.53/Mwh (2015), respectively, it is important to note that spot market prices can change every 15 minutes, therefore it is impossible to provide members a precise price for Options 2 and 3. While they provide an opportunity for savings off of the benchmarked prices for Option 1, savings cannot be guaranteed, and thus 3 Option 2 and 3 involve risk to that does not exist with Option 1. A TCAP member that is completely risk adverse should select Option 1. Option 2 fixes a price for the peak usage period and then turns to the spot market for all off-peak usage. When TCAP was developing these products in 2014, there was a large enough gap between fixed price options and spot prices that this option looked very attractive. Now, with market prices at historic recent term lows, both spot prices and fixed prices have fallen and their price differential has shrunk to the point that future savings from the spot market may not be as great as the risk of future price increases. The following graph shows how low current spot market prices have gone. ERCOT N LZ Pric $100 $90 $80 $70 $80 $so $40 $30 $20 $10 $0 Spot Natural Gas vs. ERCOT North Prices 1111 Q1 Q3 Q1 Q3 Q1 Q3 Q1 Q3 Q1 Q3 Q1 Q3 Q1 Q3 Q1 Q3 Q1 Q3 2007 2007 2008 2008 2009 2009 2010 2010 2011 2011 2012 2012 2013 2013 2014 2014 2015 2015 —ERCOT DAM North 11 Price —HSC Spot Price $lo.00 $9.00 $8.00 $7.00 $6.00 $5.o0 $4.00 $3.00 $2.00 $Loo $0.00 Houston Ship Channel NG $/MMBtu Option 2 was developed with the anticipation that spot prices during the off peak period would be in the range of $10/MWh to $40/MWh ($0.01-$0.04/kWh) over time for spot purchases. Our latest quotes for fully fixed priced products (Option 1) includes off peak pricing fixed at under $20/MWh. These low Option 1 fixed prices for off peak usage may make it harder for future off peak spot prices to create additional savings under Option 2 over time even though the customer will be incurring market price risk. Option 3 begins with the purchase of a block of power to cover the base use of all members who commit to this option. Block power, since it is a firm commitment 24 hours a day, is the cheapest form of energy available in the wholesale market. Daytime peak consumption will be partly covered by a fixed price for solar power with all other consumption supplied by the spot market. In considering Option 2, TCAP consultants would tell you that with current prices about a half cent less than the price that existed when Option 2 was conceptualized last Spring, it will be difficult for Option 2 to generate savings sufficient to justify its selection. Option 3 with its majority reliance on the cheapest form of energy has a greater probability than Option 2 of 4 producing savings over Option 1. But again, with such low Option 1 fixed priced products now available to TCAP members, and since there are no guarantees that Options 2 or 3, which utilize spot market pricing, will remain as attractive as they were even a few months ago. Section 1. Section 2. EXPLANATION OF "BE IT RESOLVED" SECTIONS Authorizes TCAP to submit the members load, along with the load of other authorizing members, to be aggregated into a pool by TCAP's wholesale supplier for a contract commencing January 1, 2018 and terminating December 31, 2022 with the understanding that the fixed, full -requirements price under Option 1 must not exceed 4.1 cents per kWh in the North and West zones and must not exceed 4.25 cents in the Houston and South zones. Sets conditions precedent that the aggregated load exceed 50 MW, that the resolution be passed before February 25, 2016, and that NextEra has until June 3, 2016 to lock in a fixed price for the aggregated load that does not exceed benchmark prices. It also requires the designation of a specific individual, by name or title, who are authorized to sign a contract within 24 hours of submittal, assuming the conditions have been met. Section 3. Consistent with the last two Whereas clauses, this section commits the member to budget for and approve funds necessary to pay for the member's proportionate share of the aggregated load that TCAP commits to with NextEra. TCAP will contract with NextEra based upon representations of authorizing members, each of whom will be provided with a Commercial Electric Service Agreement ("CESA") with GEXA, the current REP, that extends current retail service terms with the lower wholesale price arranged with NextEra for the 2018-2020 time period. Section 4. 3137/10/5098893 In order for TCAP to be informed of the passage of the resolution so that the member's load can be aggregated by NextEra, this section specifies that a copy of the resolution should be sent to TCAP's Executive Director and General Counsel. 5 AGENDA MEMORANDUM Future Item for the City Council Meeting of February 9, 2016 Action Item for the City Council Meeting of February 16, 2016 DATE: TO: Ronald L. Olson, City Manager February 5, 2016 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 E. Jay Ellington, Director, Parks and Recreation JayEll@cctexas.com (361) 826-3476 Execute Amendment No. 1 to the Contract for Professional Services Ocean Drive Park Improvements — Cole Park Bond Issue 2012 CAPTION: Motion authorizing the City Manager, or designee, to continue design services through executing Amendment No. 1 to the Contract for Professional Services with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $120,000, for a total revised fee of $131,500 for Ocean Drive Park Improvements — Cole Park, for design, bid and construction phase services. (Bond 2012) PURPOSE: The purpose of this Agenda Item is to execute Amendment No.1 to the Contract for Professional Services with HDR Engineering Inc. for Ocean Drive Park Improvements — Cole Park (Bond 2012). BACKGROUND AND FINDINGS: This project is part of the Bond 2012 Proposition 4 for Ocean Drive Parks — Repairs and Improvements which reads... "The scope of this project includes improvements and repairs to Swantner and Cole Park. Improvements to Swantner Park include installation of an automatic irrigation system and repairs to sea wall. Improvements to Cole Park include completion of shoreline stabilization from Bond 2008 and other general improvements." This project is to restore the shoreline protection at the Cole Park waterfront. The waterfront is currently protected by a combination of concrete seawall and "Rip -Rap". The seawall is a low profile concrete structure that serves to absorb the primary wave energy. Behind the seawall is the slope stabilization structure that is comprised of fill and Rip -Rap, which has been undermined by waves and erosion. C:\USERS\GRAN IC -1 \APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@B805C824\@BCL@B805C824.DOCX This Amendment implements recommendations from the preliminary phase that evaluated the shoreline protection at Cole park and prioritized recommended improvements within the available funding. The following is a summary of the activities: • Conduct wave analysis to determine the level and nature for the ultimate improvements • Develop the plans and specifications for recommended improvements to include fill, stabilization with placement of additional Rip -Rap material • Proposed improvements will be within the available funding and may require future projects to complete restoration of the entire shoreline The current budget for construction is approximately $724,000 that will target the highest priority repairs and improvements. Based on the Engineer's probable cost estimate is approximately $1,000,000, and therefore additional projects may be required. ALTERNATIVES: 1. Execute Amendment No. 1 to the Contract for Professional Services HDR Engineering, Inc. as proposed. 2. Do not execute Amendment No. 1 to the Contract for Professional Services with HDR Engineering, Inc. as proposed. OTHER CONSIDERATIONS: This project was approved November 6, 2012 in the Bond Issue 2012 Package under Proposition No. 4 — Parks and Recreation Improvements CONFORMITY TO CITY POLICY: The Contract for Professional Services and selection process comply with the Professional Procurement Act and City Policy. HDR Engineering, Inc. was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $11,500.00 $988,500.00 $0.00 $1,000,000.00 Encumbered/Expended Amount $11,500.00 $11,500.00 This item $113,900.00 $0.00 $113,900.00 Future Anticipated Expenditures This Project $874,600.00 $874,600.00 BALANCE $0.00 $0.00 $0.00 Fund(s): Parks and Recreation Bond Issue 2012 Comments: Amendment No. 1 to the Contract for Professional Services will result in the expenditure of an amount not to exceed $120,000 for a total contract amount not to exceed $131,500.00 C:\USERS\GRAN IC -1 \APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@B805C824\@BCL@B805C824.DOCX RECOMMENDATION: City Staff recommends the approval of Amendment No. 1 to the Contract for Professional Services HDR Engineering, Inc. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Amendment No. 1 Presentation C:\USERS\GRAN IC -1 \APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@B805C824\@BCL@B805C824.DOCX PROJECT BUDGET ESTIMATE Ocean Drive Park Improvements at Cole Park (Project No. E14050) Bond 2012 PROJECT FUNDS AVAILABLE: BOND 2012 $1,000,000 FUNDS REQUIRED: Construction (estimate) 724,000 Contingency (10%) 72,400 Construction Inspection Fees (Estimate 2.75%) 27,500 Design & Inspection Fees: Engineer, preliminary design (HDR, Inc.) 11,500 Engineering Design (proposal by HDR, Inc.) 120,000 Reimbursements: Contract Administration (Engineering Services/Capital Budget/Finance) (1.25%) 12,500 Engineering Services (Project Mgt/Construction Mgt) (2.5%) 25,000 Misc. (Printing, Advertising, etc.) (0.5%) 2,000 TOTAL $994,900 ESTIMATED PROJECT BUDGET BALANCE $5,100 Ocean Drive Park Improvements Cole Park (Bond 2012) Corpus Chr sti Engineering Council Presentation February 9, 2016 Location Map c.4) Corpus Chr sti Engineering Project Scope Corpus Chr'sti Engineering Sidewalk Eroded Bank Existing Stone Existing Concrete Bulkhead (Seawall) Existing Condition Filter Stone Armor Stone Fill Material Concept 3 —Armor Stone Revetment Project includes: • Wave Analysis Necessary for Final Design • Development of Construction Plans and Specs for Highest Priority Improvements within Available Funds • Repairs include Fill and Stabilization with Rip - Rap • Additional Projects May be Required Pending Design and Construction Pricing Project Scope: Project Sections Corpus Chr sti Engineering Limits of 2011 Shoreline Protection Improvements Project Schedule (S� Corpus Chr sti Engineering 2016 2017 Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Design —9111= Bid / Award Construction Projected Schedule reflects City Council award in February 2016 with anticipated construction completion in February 2017. Ocean Drive Park Improvements Project Number: E14050 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 OF 2 Ocean Drive Park Improvements CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 2 OF 2 CITY OF CORPUS CHRISTI Amendment No. 1 to CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and HDR Engineering, a Texas corporation, 555 N. Carancahua, Suite 1600, Corpus Christi, Nueces County, Texas 78401, (Consultant), hereby agree as follows: Small NE Contract Administrative Approval November 24, 2014 $11,500.00 SCOPE OF PROJECT Ocean Drive Park Improvements — Cole Park (Proiect No. El 4050) — The scope of this project includes improvements and repairs to Cole Park. Improvements include completion of shoreline stabilization from Bond 2008 and other general improvements. SCOPE OF SERVICES The Consultant hereby agrees to perform services to complete the Project, as detailed in Exhibit "A". In addition, Consultant will provide monthly status updates (project progress or delays presented with monthly invoices) and provide contract administration services, as described in Exhibit "A", to complete the Project. Work will not begin on Additional Services until requested by the Consultant (provide breakdown of costs, schedules), a= written authorization is provided by the Director of Engineering Services. 1. ORDER OF SERVICES The Consultant agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the Consultant 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. Consultant shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. Contract for Professional Services Page 1 of 7 K:IENGINEERING DATAEXCHANGEICLARISSAJIPARKSIE14050 - OCEAN DRIVE PARK IMPROVEMENTS - COLE PARKIAMENDMENT NO. 111 CONTRACT FOR PROFESSIONAL SERVICES AMD 1.DOC 2. FEE The City will pay the Consultant a fee as described in Exhibit "A" for providing services authorized, a total fee not to exceed $12OOOO.00 for a total revised fee of $131,500.00. Monthly invoices will be submitted in accordance with Exhibit "B". The City's Project Manager from the Operating Department is responsible for assigning tasks to the Consultant and approving their daily/weekly/monthly hours. The Consultant is required to submit a detailed and approved hourly breakdown with their monthly invoice paperwork to the City for payment. 5. INDEMNITY Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results 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 or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. 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. 6. INSURANCE 6.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Consultant must furnish to the Director of Engineering Services with the signed agreement 2 copies of Certificates of Insurance (COI) with applicable policy endorsements Contract for Professional Services Page 2 of 7 KAENGINEERING DATAEXCHANGEICLARISSAJIPARKS1E14050 - OCEAN DRIVE PARK IMPROVEMENTS - COLE PARKIAMENDMENT NO. 1\1 CONTRACT FOR PROFESSIONAL SERVICES AMD 1.DOC showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim $2,000,000 Aggregate (Defense costs shall be outside policy limits) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. WORKERS' COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,000 /$500,000 /$500,000 6.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. Contract for Professional Services Page 3 of 7 K:IENGINEERING DATAEXCHANGEICLARISSAJIPARKS1E14050 - OCEAN DRIVE PARK IMPROVEMENTS - COLE PARKIAMENDMENT NO. 111 CONTRACT FOR PROFESSIONAL SERVICES AMD 1.DOC 6.4 Applicable for paid employees, Consultant must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. 6.5 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no Tess than A- VII. Consultant is required to provide City with renewal Certificates. 6.6 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 6.7 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 6.7.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy and professional liability/Errors & Omissions policy; 6.7.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 6.7.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 6.7.4 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. 6.8 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and Contract for Professional Services Page 4 of 7 K:IENGINEERING DATAEXCHANGEICLARISSAJIPARKSIE14050 - OCEAN DRIVE PARK IMPROVEMENTS - COLE PARKIAMENDMENT NO. 1\1 CONTRACT FOR PROFESSIONAL SERVICES AMD 1.DOC to maintain the required insurance shall constitute a material breach of this contract. 6.9 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 6.10 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 6.11 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 6.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 7. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the Consultant at the address of record. In this event, the Consultant will be compensated for its services on all stages authorized based upon Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. 8. 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. 9. ASSIGNABILITY The Consultant 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 Consultant staff. If the Consultant 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 Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. Contract for Professional Services Page 5 of 7 K:IENGINEERING DATAEXCHANGEICLARISSAJIPARKSIE14050 - OCEAN DRIVE PARK IMPROVEMENTS - COLE PARKIAMENDMENT NO. 111 CONTRACT FOR PROFESSIONAL SERVICES AMD 1.DOC 10.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 Consultant without the express written consent of the Director of Engineering Services. However, the Consultant 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. 11. STANDARD OF CARE Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar locality and under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 12. DISCLOSURE OF INTEREST Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 13. CERTIFICATE OF INTERESTED PARTIES Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx. us. 14. CONFLICT OF INTEREST Consultant agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict- disclosure/index. 15. ENTIRE AGREEMENT AND CONTROLLING LAW This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Contract for Professional Services Page 6 of 7 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\PARKS\E14050 - OCEAN DRIVE PARK IMPROVEMENTS - COLE PARK\AMENDMENT NO. 1\1 CONTRACT FOR PROFESSIONAL SERVICES AMD 1.DOC 16. CONFLICT RESOLUTION BETWEEN DOCUMENTS Consultant hereby agrees and acknowledges if anything contained in the Consultant - prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI HDR ENGINEERING, INC. / J. H. Edmonds, P.E. Date Arthur B. Colwell, P.E. Date Director of Engineering Services Vice President 555 N. Carancahua, Suite 1600 Corpus Christi, Texas 78401 RECOMMENDED (361) 696-3300 Office arthur.colwell@hdrinc.com Jay Ellington Date Director of Parks and Recreation APPROVED AS TO LEGAL FORM Legal Department Date APPROVED Office of Management Date and Budget ATTEST Rebecca Huerta City Secretary Date Fund Name Accounting Account Activity No. Account Amount Unit No. Category Parks and Rec 3293-141 550950 E14050013293EXP 50950 $120,000.00 Bond 2012 Total $120,000.00 Contract for Professional Services Page 7 of 7 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\PARKS\E14050 - OCEAN DRIVE PARK IMPROVEMENTS - COLE PARK\AMENDMENT NO. 1\1 CONTRACT FOR PROFESSIONAL SERVICES AMD 1.DOC hdrinc.com December 21, 2015 Mr. Shane Torno, PE City of Corpus Christi — Capital Programs P.O. Box 9277 Corpus Christi, TX 78469-9277 P107487 (rev. 1) RE: PROPOSAL FOR PHASE 2 ENGINEERING SERVICES FOR OCEAN DRIVE PARK IMPROVEMENTS (E14050) AT COLE PARK, CORPUS CHRISTI, TEXAS Dear Mr. Torno: Thank you for giving us the opportunity to submit a proposal to the City of Corpus Christi (City) associated with the improvements to the shoreline protection system at Cole Park as part of the above referenced project. BACKGROUND Under the previous scope of work for Phase 1 of this project, HDR performed surveying and a condition assessment of the existing shoreline and slopes along the seawall. A summary of the work performed and a recommendation of priority areas for shoreline stabilization was provided to the City in a Data Collection Memorandum dated May 21, 2015. Based on the Phase 1 recommendations, the City requested a proposal to provide Phase 2 engineering design services. In particular, the City requested the design be performed for the entire project shoreline, and that the drawings and contract documents be prepared to allow the project to be phased with a Base Bid to address the most critical erosion areas and Additive Items for the remaining areas. Bidding Phase and Construction Administration services are also included within this scope of work. Scope of Work — Phase 2 In order to provide the services requested, we propose to perform the Phase 2 scope of work as described below: • Task 1: Engineering & Design — Identify design criteria, perform wave numerical modeling to establish design conditions, and design a shoreline protection system (revetment) for approximately 1,650 ft of shoreline at Cole Park. • Task 2: Preparation of Construction Documents — Prepare drawings and technical specifications sufficient for bidding and construction of the work necessary for the project. Develop Base Bid (Sections E and part of C, as defined in Data Collection Memorandum) and Additive Bid items in consideration of project budget and critical erosion areas described in the Phase 1 Data Collection Memorandum. Submittals to 555 N. Carancahua, Suite 1600, Corpus Christi, TX 78401 T 361.696.3300 f 361.696.3385 Texas Registered Engineering Firm F-754 EXHIBIT "A" Page 1 of 7 the City will be provided for Preliminary (60% and 90%) Design and Final (signed and sealed) Design. HDR will also develop opinions of Construction cost at each submittal. HDR will participate in review meetings with City Staff after providing the 60% and 90% submittals. • Task 3: Bid Phase Services — Solicit potential bidders, participate in a pre-bid meeting, provide assistance in responding to bidder's questions, provide addendum assistance, attend the bid opening, evaluate the bids, check references, prepare the bid tabulation, and provide a letter of recommendation to the City for selecting a bidder. • Task 4: Construction Phase Services — Participate in a pre -construction meeting with the City and selected contractor and perform general construction administration during the anticipated contract time (sixteen (16) weeks from the Notice to Proceed). Work will include communicating with the contractor as the City's representative; reviewing and processing contractor's submittals and payment requisitions; respond to Requests for Information; prepare Change Orders, and produce record drawings. Up to twelve (12) site visits (2 site visits per week during anticipated 6 week construction period) will be made as well as substantial completion and final reviews of the project to help determine project acceptance. Documentation of construction site visits will consist of a site visit report with photographs following each site visit and upon project completion. PROJECT SCHEDULE Below is our assumed timeframe for completing design and construction document development. Bidding Phase and Construction Phase services will occur per the City's bidding, solicitation, and construction process. Should the project duration extend beyond the schedule, additional fee may be required. 7 �Yv ifs. , .H. �N• �7 a��aUI�Y • .• • wr - r . v. ,. .. r. •.,• , •. .n..r.:;, .• • •,:11.,, �. s� y. .Z I�A'Y Cts t��V�' ...•. .. ....,r .. ....0� •\•V. •, . .r.� ..,,,,,,,,,:,,,•--....••.. . M ,1. 1 �y ?.2 -� ��A �' Y�. �u l��� .� TI � -CSA GCS r. ...... i. ... �, r.♦ .w. ..r1 .. •/.'�... NTP from CITY 0 0 Begin Project 10 10 60% Submittal 70 80 60% CITY Review 15 95 90% Submittal 40 135 90% CITY Review 15 150 Final Submittal 30 180 *Business Days 555 N. Carancahua, Suite 1600, Corpus Christi, TX 78401 T 361.696.3300 hdrinc.com EXHIBIT "A" Page 2 of 7 PROJECT FEES In order to accomplish the work generally described above and in more detail in the Scope of Services (Attachment A), HDR proposes to provide services on a Lump Sum Basis for a fee of $120,000. It is our understanding that currently the City and HDR are reviewing contract terms and conditions under which these services would be provided. HDR requests review and agreement to these terms and conditions prior to initiation of work. A summary of fees is shown in the table below: Task 1: Engineering & Design Task 2: Preparation of Construction Documents Task 3: Bid Phase Services Task 4: Construction Phase Services $ 25,900 $ 52,700 $ 9,400 $ 32,000 Total $ 120,000 Any work outside the Scope will be done, with authorization from you, via a formal Scope Change Document, in accordance with an agreed -to lump sum fee. This proposal is valid for 45 days from the date of this document. Invoicing will be submitted on a monthly basis and a monthly status report will be included to provide a status update regarding completed progress. Thank you again for asking us to continue to help. We look forward to continuing our working relationship with you and your staff on this project. If you have any questions or require additional information, please do not hesitate to contact me at 361-696-3352. Sincerely, HDR ENGINEERING, INC. M. Cameron Perry, P.E. Coastal Program Leader Enclosures: Attachment A — Scope of Services Manhour Estimate 555 N. Carancahua, Suite 1600, Corpus Christi, TX 78401 Arthur B. Colwell, P.E. Managing PrincipalNice President T 361.696.3300 hdrinc.com EXHIBIT "A" Page 3 of 7 December 21, 2015 P107487 Attachment A — Scope of Services Engineering & Design (Task 1) 1. Kick-off Meeting & Site Visits. HDR will attend a project kick-off meeting/site visit with the City to review the project goals, existing infrastructure issues, and other project considerations prior to initiating design services. 2. Develop Design Criteria/ Wave Numerical Modeling. Based on input from the City on project goals and budget, HDR will establish engineering design criteria and structure parameters. This includes determination of final hydrodynamic conditions such as design water levels and design wave height/period. 3. Engineering Design. HDR will perform detailed engineering design and analyses for the proposed shoreline protection using generally accepted coastal engineering methods and practices. 11. Preparation of Construction Documents (Task 2) 1. Plans. HDR will prepare a single set of signed and sealed design drawings sufficient for bidding and construction of the work. The expected drawing package will include the following sheets: 1) Cover Sheet 2) General Notes and Legend 3) Existing Site and Demolition Plan 4) Existing Sections and Details 1 5) Existing Sections and Details 2 6) Overall Site Plan 7) Enlarged Plan 1 8) Enlarged Plan 2 9) Enlarged Plan 3 10) Enlarged Plan 4 11) Typical Sections 1 12) Typical Sections 2 13) Typical Details 1 14) Typical Details 2 2. Specifications. HDR will prepare specifications including: a. Part T - Technical Specifications City staff will provide the City's standard specifications, including standard detail sheets, standard and special provisions, and forms for required contract documents. In addition, the City staff will provide the budget for the Project specifying the funds available for the construction contract. b. Opinion of Probable Construction Cost Opinions of probable project cost will be made on the basis of HDR's experience and qualifications and represent our judgment as an experienced and qualified professional generally familiar with the industry. However, since HDR has no control over the cost of labor, materials, equipment, or services furnished by others, or over the Contractor's methods of determining prices, or over competitive bidding or market conditions, HDR cannot and does not guarantee that proposals, bids, or actual project cost will not vary from opinions of probable costs submitted. If the City wishes greater assurance as to probable costs, consideration should be given to retaining an independent cost estimator. Page 1 of 3 EXHIBIT "A" Page 4 of 7 Attachment A — Scope of Services December 21, 2015 3. Meetings. HDR will participate in two (60% and 90%) design progress meetings with City staff prior to completion of the final plans and specifications. III. Bid Phase Services (Task 3) For the Bid Phase HDR will provide the following services: 1. Solicitation of Potential Bidders. HDR will assist City staff in identifying and soliciting potential bidders to provide an opportunity for contractors to participate in the bidding of this construction project. 2. Bidder Questions. HDR will address questions that may arise during the bidding process. The fee for this task assumes up to ten questions. 3. Pre -Bid Meeting. HDR will participate in one pre-bid meeting at City Hall with City staff and interested parties. HDR will be available to answer questions and clarify issues that may come up based on the drawings and specifications. 4. Addenda. HDR will assist the City with the preparation of technical addenda or other revisions necessary to inform contractors of approved changes prior to bidding. The fee for this task assumes up to four addenda. 5. Bid Opening, Evaluation, and Bid Tabulation. HDR will be present at the bid opening to assist City staff during the process of collecting bids to identify the apparent low bidder. Following the bid opening, HDR will evaluate the bids, check reference and tabulate bids based on the bid opening information provided by City staff. 6. Letter of Recommendation. HDR will present a letter of recommendation to the City for the selection of the Contractor. IV. Construction Phase Services (Task 4) For the Construction Phase HDR will provide the following services: 1. Pre -Construction Meeting. HDR will participate in the pre -construction meeting at City Hall with the selected Contractor and City Staff. Meeting minutes will be prepared. 2. Construction Administration. HDR will perform general construction administration services during the anticipated 16 week contract period (from Notice to Proceed). Services will include review of Contractor submittals and materials tests; review of initial, interim, and final topographic surveys (performed by contractor surveyor); providing interpretations and clarifications of the contract documents; responding to Requests for Information; and preparing Change Orders. 3. Construction Observations. HDR will perform up to twelve (12) site visits (2 site visits per week during anticipated 6 week construction period) in order to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. 4. Project Compliance: Substantial and Final Completion Services. HDR will perform Substantial Completion and Final inspections with City staff and provide the City with a Certificate of Substantial Completion. 5. Red -Line Drawings. HDR will prepare Project record drawings and provide a reproducible set and electronic file within two (2) months of final acceptance of the project. Page 2 of 3 EXHIBIT "A" Page 5 of 7 Attachment A — Scope of Services December 21, 2015 Deliverables: The following table summarizes the deliverables to the City as a result of this service: List of Engineering Submittals Submittal Remarks ° 60% (Preliminary) Design Documents One electronic copy (in PDF format via email) of the drawings, specification table of contents, and opinion of probable construction costs (OPCC) at the 60% design completion stage, purpose Theof this submittal is to allow the Cityto perform a review of the work and prepare for the 60% review meeting. Pre -Final 90% (Pre -Final) Design Documents One electronic copy (in PDF format via email) of the drawings, specifications, and OPCC at the Pre -final design stage. The drawings and specifications (including City -provided front end documents) will .be complete. The OPCC will be in the format of the Bid Tabulation broken down into Base Bid and Additive Bid Items. Theur ose of this submittal is to allow the Cityto perform a final internal p p review of the design before finalizing the contract documents, and to prepare for the 90% (Pre -Final) review meeting. Issued -for -Bid (Final) Design Documents One 11"x17" unbound set of hard copy drawings, 8'/"x11" unbound set of technical specifications and front-end documents, and bid form of the ISSUED FOR BIDS set, suitable for reproduction. Bid Phase Contract Items One electronic copy (in PDF format via email) of contract addenda and/or responses to questions required during the bidding phase. Meeting minutes will also be provided. One electronic copy (in PDF and XLSX format via email) of the bid tabulation form. Construction Phase Items One electronic copy (in PDF) of RFI's, Change Orders, and site visit reports documenting work progress and photographs of project site Red -line Drawings One 11"x17" unbound set of hard copy drawings and electronic CADD drawing (AutoCAD r.14 or later) using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. Reproduction costs for additional hard copies of the submittals are not included. Page3of3 EXHIBIT "A" Page 6 of 7 HDR Engineering, Inc. City of Corpus Christi RFQ No. 2012-03 Bond Issue 2012 and CIP Projects Proposition 4: Parks and Recreation Improvements Phase 2 - E14050: Ocean Drive Park Improvements (Cole Park ) December 21, 2015 (Rev. 1) P107487 ,_.. .. ..... � N O`AD EXPENSE E SCOPE OF SERVICES: MANHOURS EXPENSES TOTAL ENGR VII DJH ENGR VI MCP ENGR 111 PJB ENGR 11 CJL TECH 111 FM TECH 11 - JG ADMIN ASSIST IT EQUIP OUTSIDE CONSULT TRAVEL EQUIP SUPPL DELIV SERV ....«...«...«......»........»...........«...»................«................x...«......r..._...«..._..._......«...«..._........_._........_................_...«...w........w....«...«.....«._...x...w...x.«w.....x...x................_..x........x...x..........«...«......w...w......_..._................_...w......._...........«..«..._..._...«.w........_ Task 1: Engineerign $ Design Kick-off Meeting - Site Visit ....x. x..«..« .. ...... ....». .............«...x...»...»...«......«...»...»........«.»........x................r...»...x........r.........r...r ...«..._..._..._..._.. Develop Design Criteria/Wave Numerical Model ....x. .«. .....»................«........»......»...«...x.x...r.xr...r...x......»...x...x........x.x...r...r................r...r........_..._............«_...._...w..._...w..._....._..._........«..._..r.._........w..._..........«..._.........«......»..._..._.........................._..._........._ -En-ineerin -Desi- n r...r...r....� .x........�...r.....�..._...«..._......_............._......».....».. w......«...«.....«...x...»..«...«.......« .......... 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Task 2: Preparation of Construciton Documents 60 % Technical Specifications ....»...x......x........x...»...».....................«......»........«...«.............................»...........»........x........x.x........»................r...x........_..._...._.............._..._..._..._..«......_..._................_..«........_..._...............«......«...x......«............»...........».......»...»...........x 60°% Drawings 0°% Desi n Review Meeting .................«.... x�......« .....«...«...........»...»...........«................»...........»........«...»...»......«..»....»...........x...r...«...x...r.........r...»...«..._............._....._..._.....................r............._..........r..._......«...x..........._................r.............r...»............................ 60°% Opinion of Probable Construction Cost .........«......w..... ....x.................»...»......«...«.............................»...«.............«...........x................«...»...»...»..._....«.............r..._..._..._.........._..._................_.._........_..._...............«......«................_..._......................_..x...x......r...r 90°% Technical Specifications .........»......«...x...»...»...»................«...«...».«...«...»...»........................»...r.......«..x.............x...........x........x...x......x...«...«..._...«...._..........»._..._........_..._....._...«................_.._........_.««..........«...«......x...«......r..., 90°% Drawin s 90°% Desi n Review Meeting 90% O inion of Probable Construction Cost Final Technical Specifications ..._..........._..»........_...........«...«...w...x...x.«...x...»...».........................................................«.....................»...«......»...»...»...»...»....«..............r............«...........«...x...»............r..r........»............._.r...x......»...»....................»...»......«...�..»...»...........« Final Drawin s ...........................«...«.��...................x...r...»......r...r...«.............._..._..._..._..........._..._........«..._._..._..._........_......_..._...«...«...w....«...w.........«...»...x...x...«..........x.............x._.......«...x...«......»_.»..........._..._..........._...«...w........w..._.._...«......_..._ Final O inion of Probable Construction Cost ....xx.r...x.....x.P..»...r...r......r...r...r..._...._........_..._...._......_...«...«.........._........«..........«......................................... QA/QC 8 .........«...«......»...«...».....x....x...r...»...»...»._...»........»._..._..._.»...«...«...«...««........._..._..._......_.............w..._......»...«...«...«...»....x...x.x.«.............».........«....x...»........«.._..x........»...x........_......«......«...........«..._...»...»...»............_.._...w...........« Subtototal: 8 Task 3: Bid Phase Services ....«...w...«..«..x.......«.. ...x..»...»...........»...«...»......»...»........«...........»........«.....................»...«......»...«...r...r...r....r...«...r.r.............«............_...r..._..._...r.r...r...x........r......r Solicitation of Potential Bidders Address Bidder Questions Pre -Bid Meeting and Minutes ...._......_r.«..._..._...«......_...».............«........................»......»...»...»...»...»......«...»...«...«......«...«...............................«...».........»...»...«.»............................»........«...»...«.._............»...«....................................«..............................._..»...»...........» Addenda ...._..._......«..._..._..._...w......_..._.««...«......«...»........«......»...».x...«...«...«...«......«........«................«.............»................................«...«...«.».....................x.....«........x...»...«.�..»...»........»......« Bid Opening, Evaufation, Refernce Check and Bid Tabulation Letter of Recommendation r...»...«...».«........«...«...»......».....................x.............»x....r..._.«...r..._...«...»......_...«..._..._..._._..._............._......_..._...w..._...«...._..._..._.w._........«...«..........»...w..._..._..._.._.._........»..._......_ Pre-Construciton Meetin and Minutes ....»...»...».«...«...»...«...«......»...».....»�.....r.....r.x«..._..._._..._..._........_..........._........_....................._..._..........._..._...w.......«...«......_........................x...«............._..«............_....... 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Compliance/Final acceptance 1 .........«...x......»...x.....................«...«...«...«.«...«...»...«.»........x.x..................x......»..x..x»...x...».r...r.....................x...«........................«.«_»......._..._..._...«........«_.«_..._..._.._.._..._................r Prepare Red -line Drawings/Submittal r-,--xxxx-«xxx»rx--«--•x--,x-«-.-x-wx-w-«w-«»--•«-»«-»»-»-w«.x••-w•--«-«-,---.,-r-«x«--«w-««-,w•--rx.x-x.«r.xxxr-«-x-xx.«xM..«...«x.«x..._«.__.r x_«.«_...w_-w_-_...««...._•.-«_.«_.« Subtototal: 6 4 «._..._.................r..._ 8 24 36 „.x...«......r.........»...«. 8 12 4 4 4 8 4 2 2 4 2 54 2 2 4 2 2 2 4 18 ...r...«......,.........x,..».. ...«......................x..«... 2 4 16 ,..»..................».�...................................... 12 6 6 2 48 ..._.........._..._...........r......r..._................»........._..x................_ 0 ....... x...x........ ...........................24..........................40.... 8 8 0 ..... 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.«...x....x...x..._...............»...»...x....................»..._....__..._...«...r...x.r.. 62 ......«.x.«........«..._......«....................«........«..._...«...._«..................».r...............»...«....... 7 ..........................._............................»...x...«.............._..........»...r...«..................«...«.........x...x...«........«.w 10 68 .«........x...-..._......«..._...._.......».«........r...r...r...._x...»...»...»...»..... 52 34 .».»«.....«...................._..._....................r........._»...«...»........».».. 17 ...........17 .......... 26 .»«.»«x».x«».x«. 214 0 ,.....,,..,._.,.r...r.....x.,.r......,.».... ..... .._..............................._...._..................._....................._... 0 ..... x.......x...«....._........_.............._.....r........x...x.«.. 0 r......«........«..._....._..._......«_...r...._x........«...........».. xx.«x«•x.«_._w.w. 0....._......._.....9____ 0......_............200 ..... _ 0 ...«...»..._...._.....«..._...«...r..... 0 ..... ,....,.»...«.,.._»...«.r....r.x.r.«.x.........-- ..... -_«.....«_«r«._«»_xx.wx.«x»x««.w» 200 ..... »...x...«...x.x.. 50 200 100 .................---._.. 50 200 100 50 100 100 950 100 100 100 200 400 x...«........................................w...x....., $1,563 _..._......r........................... ...«....., $9,725 .......».»», •$13,687 $886 .._.........x...»... 262., 58 $, ».,.x......«..._....... .._..._...r... -......r..... $4,708 $21,270 $1,560 »...x......................«...«...«. ...x $1,563 «..._................................x. x... $1,884 »...r........................................».........., $10,480 ..11 0 ..............$1,163 -$1,102 3,26 $1,045 ...«....., $3,066 .................._.........»...».... ......«...», 0 $52,658 x...»......»...».........x...«...«...w. ................................ $664 $927 $1826 ,............«..._........�..._...r• ,. -1.688 $ , $1,688 $664 «................................«...«......«...«...« $1,941 «...r......................... .......x. ........x 0 $9,398 --•...,,,... ,.»...»... ......»...«, ..... ...«............---.,. --- ..x...»...». ...w..w $1,045 $1,667 $9,941 »...»..........................._...r...x »....x... -...»....r......-.,............«..._. ..........« $4,898 «...w..........._......._...r...x. x2712 $ , «...x......«...w........._..._..._.. x...x...r, $3,560 «x.««xxx«.w«««• r_..._«.««-w-_-xwx-«, 0 $31,960 TOTAL HOURS /UNITS: .........»...«......»........«................«...r...x...x......x...x...r.»x.»..._._............._..........._...»..._......._.r..._............._...........«...........x..............« BILLABLE RATES ESTIMATED 1-16 RATE SCHEDULE).: r..—.........»...»................x...x...r...r...r._,..r..._.,._.«........«r_..._.r.x................w......w...........«..........................w.. .r ..... . .• ...« TOTAL COSTS: 18 ._.«....x........«.....x......«...«...«.._..w...w........w..x..« $218 .x.. ....«...«...x.r $3,921 156 $197 .... ...«...«...........x..„...•....„.........„..m................•....•....•............ $30,690 10 $144 $1,437 362 .......w.... ...w......«.......... $128 $46,235 188 _...x......_«._..r..._......_........................r......»... x$128 .....w...._.._. $24,011 76 $114 w».............»....... $8,689 0 $85 ...........x $0 810 .«...«...«..._...... $3.70 .rx—..»...»..._......«. $2,997 0 «........«.....«.......«..w....«..._«.............».................2._..1.15 $1.15 ..«............—...•......-.......•,.....-.....x......r...•.....•.... $0 0 $1.15 $0 1650 $1.15 $1,898 .......««.«...«......_........« $ ..................... ......-._..._ $0 5119,878 project meetings will be held in Corpus Christi. able rates are subject to change in January of each year. Page 1 of 1 Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees -0 rn o •Pt co PROJECT NAME Project No. EXXXXX Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $0 $0 $0 $o $0 $0 $0 0% 0 0 0 0 $0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0% 0 0 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $0 $0 $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 0 0 0 0% $0 $0 $0 $0 $0 $0 $0 0% SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION City of Corpus Chnsti CITY OF CORPUS CHRISTI 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. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: HDR Engineering, Inc. P. O. BOX: STREET ADDRESS: 555 N. Carancahua, Ste 1600 CITY: Corpus Christi ZIP: 78401 FIRM IS: 1. Corporation 4. Association z 2. 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. 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 N 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 EXHIBIT "C" Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: 4Ay a �' Gw (Type or Print) Title: Signature of Certifying Person:/4 Date: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. `Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "C" Page 2 of 2 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of February 9, 2016 Second Reading for the City Council Meeting of February 16, 2016 DATE: January 19, 2016 TO: Ronald L. Olson, City Manager FROM: Daniel McGinn, AICP CFM, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at 11330 Leopard Street CAPTION: Case No. 0116-03 Fantozzi, Ltd: A change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District. The property is described as Lot 4, Block 1, Wal-Mart Subdivision, located on the north side of Leopard Street between Violet Road and Hart Road. PURPOSE: The purpose of this item is to rezone the property to allow light industrial uses. RECOMMENDATION: Planning Commission and Staff Recommendation: Denial of the change of zoning to the "IL" Light Industrial District and, in lieu thereof, approval of the "CG-2/SP" General Commercial District with a Special Permit for limited industrial uses, subject to a site plan and the following conditions: 1. Uses. All uses allowed in the "CG -2" General Commercial District, plus the following uses from the use categories "Warehouse and Freight Movement," "Wholesale Trade," and "Light Industrial Service Uses" are permitted within the existing building of approximately 57,000 square feet as shown in the site plan: a. Household moving and general freight storage b. Produce and storage warehouse c. Warehouse used for storage of retail goods d. Building materials storage and sales e. Building, heating, plumbing or electrical contractor's shop or storage f. Uses similar in nature and intensity to the uses listed as determined by the Director of Development Services. 2. Screening: A solid screening fence in accordance with UDC requirements shall be installed along the south property line of the adjacent property to the north. 3. Outdoor Storage: Outdoor storage shall be limited to five percent of the site and shall not be located within 200 feet of the Leopard Street right-of-way. Any outdoor storage shall be screened per UDC requirements except that chain link fencing with privacy slats shall not be considered an acceptable screen. 4. Landscaping: The Owner shall install landscaping to achieve 5,760 square feet of landscape area and 115 points. Included in such landscaping shall be a landscaped visual screen of the parking lot along the Leopard Street right-of-way per UDC Section 7.3.11. However, compliance with the installation of landscape islands in the parking lot is not required. The Owner shall submit a landscape plan in accordance with UDC Section 7.3.16 "Landscape Plan Submittal Requirements" for the City's review and approval and install such landscaping within one year from approval of a certificate of occupancy. The Owner must ensure that all landscaping is kept in a healthy and growing condition at all times. 5. Noise: All activities must be conducted in accordance with the City's Noise Ordinance. 6. Hours of Operation: 7 AM to 6 PM 7. Ingress/Egress: Infrastructure plans shall be submitted for review and approval to improve access points, in accordance with the City's adopted standards and specifications, to safely accommodate the traffic that may be generated by the proposed uses. Changes to existing access points may be required including possible closure of one access point if warranted to improve traffic movements onto and off the site. 8. Time Limit: The Special Permit shall expire in 24 months after approval of this ordinance unless a complete building permit application has been submitted, or if no building permit is required, a certificate of occupancy has been issued. 9. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, and Building and Fire Code Requirements. For: 6 Against: 0 Absent: 3 BACKGROUND AND FINDINGS: As detailed in the attached report, the subject property contains an unoccupied former Wal-Mart building and is zoned "CG -2" General Commercial District. The applicant is requesting a zoning change as interest in leasing the property has been limited to businesses classified under Unified Development Code (UDC) use categories 5.1.5.6 Warehouse and Freight Movement and 5.1.5.D Wholesale Trade, which are uses not permitted in a "CG -2" General Commercial District. The subject property is located within the boundaries of the Northwest Area Development Plan (ADP). The proposed rezoning to the "IL" Light Industrial District is not consistent with the Northwest Area Development Plan or the adopted Future Land Use Map's designation of the property as commercial. A rezoning of the site, however, may further other goals of the Comprehensive Plan pertaining to redevelopment of existing sites and other pertinent policies pertaining to development. A change in zoning to the "IL" Light Industrial District is not the most appropriate action given existing land uses and potential impact on surrounding properties. Approval of a Special Permit in lieu of an industrial designation may facilitate a redevelopment of the site without altering the overall character of the area. Special Permit Review Criteria set forth in the UDC are applicable and have been reviewed. The rezoning of the property with a Special Permit is consistent with some elements of the Comprehensive Plan and the Northwest ADP. Special Permit conditions may ensure that proposed uses are compatible with existing and future land uses. The applicant is in agreement with the proposed Special Permit. ALTERNATIVES: 1. Approve the rezoning to "CG-2/SP" as recommended by Staff and Planning Commission. 2. Approve the request to "IL" Light Industrial District. (requires 3/4 vote) 3. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Northwest Area Development Plan (ADP). The proposed rezoning to the "IL" Light Industrial District is not consistent with the Northwest Area Development Plan or the adopted Future Land Use Map's designation of the property as commercial. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑x 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: None LIST OF SUPPORTING DOCUMENTS: Presentation - Aerial Map Ordinance for CG-2/SP Ordinance for IL Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Fantozzi, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to Lot 4, Block 1, Wal-Mart Subdivision, from the "CG -2" General Commercial District to the "CG-2/SP" General Commercial District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Fantozzi, Ltd. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 13, 2016, during a meeting of the Planning Commission when the Planning Commission recommended denial of the change of zoning to the "IL" Light Industrial District and, in lieu thereof, approval of the "CG-2/SP" General Commercial District with a Special Permit for limited industrial uses, subject to a site plan and nine conditions, and on Tuesday, February 9, 2016, 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 Fantozzi, Ltd. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lot 4, Block 1, Wal-Mart Subdivision, located on the north side of Leopard Street between Violet Road and Hart Road (the "Property"), from the "CG -2" General Commercial District to the "CG-2/SP" General Commercial District with a Special Permit (Zoning Map No. 062050), as shown in Exhibits "A" and "B". Exhibit A, which is a map of the Property, and Exhibit B, which is a site plan of the property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner meeting the requirements of the following nine conditions: 1. Uses. All uses allowed in the "CG -2" General Commercial District, plus the following uses from the use categories "Warehouse and Freight Movement," "Wholesale Trade," and "Light Industrial Service Uses" are permitted within the existing building of approximately 57,000 square feet in its existing footprint, including loading/unloading dock areas as shown in Exhibit B: a. Household moving and general freight storage b. Produce and storage warehouse c. Warehouse used for storage of retail goods d. Building materials storage and sales e. Building, heating, plumbing or electrical contractor's shop or storage f. Uses similar in nature and intensity to the uses listed as determined by the Director of Development Services. 2. Screening: A solid screening fence in accordance with UDC requirements shall be installed along the south property line of the adjacent property to the north. 3. Outdoor Storage: Outdoor storage shall be limited to five percent of the site and shall not be located within 200 feet of the Leopard Street right-of-way. Any outdoor storage shall be screened per UDC requirements except that chain link fencing with privacy slats shall not be considered an acceptable screen. 4. Landscaping: The Owner shall install landscaping to achieve 5,760 square feet of landscape area and 115 points. Included in such landscaping shall be a landscaped visual screen of the parking lot along the Leopard Street right-of-way per UDC Section 7.3.11. However, compliance with the installation of landscape islands in the parking lot is not required. The Owner shall submit a landscape plan in accordance with UDC Section 7.3.16 "Landscape Plan Submittal Requirements" for the City's review and approval and install such landscaping within one year from approval of a certificate of occupancy. The Owner must ensure that all landscaping is kept in a healthy and growing condition at all times. 5. Noise: All activities must be conducted in accordance with the City's Noise Ordinance. 6. Hours of Operation: 7 AM to 6 PM 7. Ingress/Egress: Infrastructure plans shall be submitted for review and approval to improve access points, in accordance with the City's adopted standards and specifications, to safely accommodate the traffic that may be generated by the proposed uses. Changes to existing access points may be required including possible closure of one access point if warranted to improve traffic movements onto and off the site. 8. Time Limit: The Special Permit shall expire in 24 months after approval of this ordinance unless a complete building permit application has been submitted, or if no building permit is required, a certificate of occupancy has been issued. 9. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, and Building and Fire Code Requirements. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SP Ordinance-Fantozzi, Ltd Page 2 of 3 SECTION 5. The change of zoning does not result in an amendment to the Future Land Use Map, an element of the Comprehensive Plan. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez 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 SP Ordinance-Fantozzi, Ltd Page 3 of 3 CG -2 RS -6 N 0 FR W ►.t C7 6 400' Date Created: 12/16/2015 Prepared By: Jere'M Department of Development Service CASE: 0116-03 SUBJECT PROPERTY WITH ZONING Subject Property 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 — Awees SUBJECT PROPERTY LOCATION MAP WIN City of Corpus Christi Exhibit A 0 (P r m u P1 X n7 V rn r 7 I } 35'•0' 6" HEADER CURB \\\\\\%\\\\\\\\\\\\\\\\ IIIIIIIIIIIIIIIIII rn m D m i { m D A N 11111111111111111 L. I. • / //ink 6 -167--,23,11E. - m 1 1 1 1 1 1 1 1110 SP b0 30'-0" Iii D � AA n • • • m m A 0 6 r D • • ar>Jno J3atH • r` 0 3 m 6" HEADER CURB 49'-3 V16• 0 • 0 b • •• • m D 0 m Ic co D 0 • 5•-0" U.Eje L • D 0 m A 0 1 m 0 1 II II I1 I II II II II II 11 11 II 1 1 II Ii II 11 ,nt int Ir -m r z Im 1 O.N. POWER TELEPHONE WIRE ----- --• --------- . •_ FENCE Wt F xxxx AX.X PROJECT NO. 15XXX DRAWN BY: KM DATE: 07 MAY 2015 CHECKED BY: MC PROJECT MGR: XX DESIGN DEVELOPMENT z I('OPV RIGID 'C. 2015 AI.t. RIGHTS RESERVED. THESE DESIGNS DRAWINGS ARE THE SOLE PROPERTY 01 COR\ IRS I ONL. GROUP ARCHITECTS ANI1 \ InY Vol RI REPRODUCED IN A\Y IOR VI. BY ANY roIETHOD, FOR AN) PI RPOSE WITHOUT PREVIOUS WRIIII i\ I'I(R\IISSION. WAL-MART EXISTING BUILDING XXXX XXXX XXXX, TEXAS 7XXXX cornerstonearchitects 7000 BEE CAVES RD, SUITE 200 AUSTIN TX 78746 (512) 329 0007 WWW.CORNERSTONEARCHITECTSLLP.NET EXISTING SITE PLAN NOT FOR REGULATORY APPROVAL, PERMITTING OR CONSTRUCTION THIS DOCUMENT IS RI].P.ASED FOR TII[ PURPOSE OF IN I IHIN RI \'IFR' LINDER THE AUTHOR Il' OI ARCI IH ECT RODNEY PALMER Exhibit B Ordinance amending the Unified Development Code ("UDC"), upon application by Fantozzi, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to Lot 4, Block 1, Wal-Mart Subdivision, from the "CG -2" General Commercial District to the "IL" Light Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Fantozzi, Ltd. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 13, 2016, during a meeting of the Planning Commission when the Planning Commission recommended Denial of the change of zoning to the "IL" Light Industrial District, and in lieu thereof, approval of the "CG-2/SP" General Commercial District with a Special Permit for limited industrial uses, subject to a site plan and nine conditions, and on Tuesday, February 9, 2016, 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 Fantozzi, Ltd. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lot 4, Block 1, Wal-Mart Subdivision, located on the north side of Leopard Street between Violet Road and Hart Road (the "Property"), from the "CG -2" General Commercial District to the "IL" Light Industrial District; (Zoning Map No. 062050), as shown in Exhibit "A". Exhibit A, which is a map of the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. The City's Future Land Use Map, an element of the Comprehensive Plan, is amended to designate the Property for light industrial land uses. 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 IL Ordinance-Fantozzi, Ltd. Page 2 of 2 CG -2 RS -6 N 0 FR W ►.t C7 6 400' Date Created: 12/16/2015 Prepared By: Jere'M Department of Development Service CASE: 0116-03 SUBJECT PROPERTY WITH ZONING Subject Property 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 — Awees SUBJECT PROPERTY LOCATION MAP WIN City of Corpus Christi Exhibit A Aerial Aerial PLANNING COMMISSION FINAL REPORT Case No. 0116-03 HTE No. 15-10000062 Planning Commission Hearing Date: January 13, 2016 Applicant & Legal Description Applicant: David Petrick Owner: Fantozzi, Ltd. Legal Description/Location: Lot 4, Block 1, Wal-Mart Subdivision, located on the north side of Leopard Street between Violet Road and Hart Road. Zoning Request From: "CG -2" General Commercial District To: "IL" Light Industrial District Area: 7 acres Purpose of Request: To allow light industrial uses. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "CG -2" General Commercial District Commercial Commercial North "RM -1" Multifamily 1 District Medium Density Residential and Vacant Medium Density Residential South "CG -2" General Commercial District Commercial Low Density Residential and Commercial East "CG -2" General Commercial District Commercial and Vacant Commercial West "RS -6" Single- Family 6 District Public/Semi-Public (Cemetery and County office) Medium Density Residential and Public/Semi-Public ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for commercial uses. The proposed rezoning to the "IL" Light Industrial District is not consistent with the adopted Future Land Use Map or the Northwest Area Development Plan with respect to land use. Map No.: 062050 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 384 feet of street frontage along Leopard Street, which is designated by the Urban Transportation Plan as an A2 Secondary Arterial Divided street. The maximum desirable average daily trips for an A2 street is 20,000 to 32,000 trips. Planning Commission Final Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume 2012 Leopard Street A2 Secondary Arterial Divided 100' ROW 54' paved 175' ROW 105 paved 15,513 ADT Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "CG -2" General Commercial District to the "IL" Light Industrial District to allow light industrial uses. Development Plan: The applicant is requesting a zoning change as interest in leasing the property has been limited to businesses classified under Unified Development Code (UDC) use categories 5.1.5.B Warehouse and Freight Movement and 5.1.5.D Wholesale Trade; uses that are not permitted in a "CG -2" General Commercial District. The property consists of seven acres of land and the existing building is approximately 57,000 square feet. The original tenant was Walmart. The property was used after Walmart vacated the site as a flea market. The applicant indicates the subject site has been vacant for approximately five years. The applicant anticipates that traffic from potential users would be similar or less than the traffic associated with Walmart (the prior tenant). Existing Land Uses & Zoning: The subject property contains an unoccupied former Wal-Mart building and is zoned "CG -2" General Commercial District. The property to the east and south of the subject property is zoned "CG -2" General Commercial District with some of the property developed as retail and some vacant. Property to the north is zoned "RM -1" Multifamily 1 District and is developed with an apartment complex with vacant land to the northwest. The property to the west is zoned "RS -6" Single -Family 6 District and is developed with a Justice of the Peace office and a cemetery. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property is platted and comprised of seven acres. Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Northwest Area Development Plan (ADP). The proposed rezoning to the "IL" Light Industrial District is not consistent with the Northwest Area Development Plan or the adopted Future Land Use Map's designation of the property as commercial. A rezoning of the site, however, may further other goals of the Comprehensive Plan pertaining to redevelopment of existing sites and other pertinent policies pertaining to development. Planning Commission Final Report Page 3 Department Comments • A change in zoning to the "IL" Light Industrial District is not the most appropriate action given existing land uses and potential impact on surrounding properties. • Approval of a Special Permit in lieu of an industrial designation may facilitate a redevelopment of the site without altering the overall character of the area. o Special Permit Review Criteria set forth in the UDC are applicable and have been reviewed. • The rezoning of the property with a Special Permit is consistent with some elements of the Comprehensive Plan and the Northwest ADP. • Special Permit conditions may ensure that proposed uses are compatible with existing and future land uses Planning Commission and Staff Recommendation: Denial of the change of zoning to the "IL" Light Industrial District, and in lieu thereof, approval of the "CG-2/SP" General Commercial District with a Special Permit for limited industrial uses, subject to a site plan and the following conditions. 1. Uses. All uses allowed in the "CG -2" General Commercial District, plus the following uses from the use categories "Warehouse and Freight Movement," "Wholesale Trade," and "Light Industrial Service Uses" are permitted within the existing building of approximately 57,000 square feet in its existing footprint, including loading/unloading dock areas: a. Household moving and general freight storage b. Produce and storage warehouse c. Warehouse used for storage of retail goods d. Building materials storage and sales e. Building, heating, plumbing or electrical contractor's shop or storage f. Uses similar in nature and intensity to the uses listed as determined by the Director of Development Services. 2. Screening: A solid screening fence in accordance with UDC requirements shall be installed along the south property line of the adjacent property to the north. 3. Outdoor Storage: Outdoor storage shall be limited to five percent of the site and shall not be located within 200 feet of the Leopard Street right-of-way. Any outdoor storage shall be screened per UDC requirements except that chain link fencing with privacy slats shall not be considered an acceptable screen. 4. Landscaping: The Owner shall install landscaping to achieve 5,760 square feet of landscape area and 115 points. Included in such landscaping shall be a landscaped visual screen of the parking lot along the Leopard Street right-of-way per UDC Section 7.3.11. However, compliance with the installation of landscape islands in the parking lot is not required. The Owner shall submit a landscape plan in accordance with UDC Section 7.3.16 "Landscape Plan Submittal Requirements" for the City's review and approval and install such landscaping within one year from approval of a certificate of occupancy. The Owner must ensure that all landscaping is kept in a healthy and growing condition at all times. Planning Commission Final Report Page 4 5. Noise: All activities must be conducted in accordance with the City's Noise Ordinance. 6. Hours of Operation: 7 AM to 6 PM 7. Ingress/Egress: Infrastructure plans shall be submitted for review and approval to improve access points, in accordance with the City's adopted standards and specifications, to safely accommodate the traffic that may be generated by the proposed uses. Changes to existing access points may be required including possible closure of one access point if warranted to improve traffic movements onto and off the site. 8. Time Limit: The Special Permit shall expire in 24 months after approval of this ordinance unless a complete building permit application has been submitted, or if no building permit is required, a certificate of occupancy has been issued. 9. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, and Building and Fire Code Requirements. For: 6 Against: 0 Absent: 3 Public Notification Number of Notices Mailed — 9 within 200 -foot notification area 3 outside notification area As of January 19, 2016: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Site Plan 3. Application 4. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\0116-03 Fantozzi, Ltd. (David Petrick)\Council Documents\Report-Fantozzi, Ltd.docx N 5 RS -6 6 6 400 800 I/L Feet / c4 Date Created: 12/16/2015 '" Prepared By: Jerett y M Department of Development Service CASE: 0116-03 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 Resort Commercial 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 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 AN_ LOCATION MAP YIN City of Corpus Christi 0 (P r m P1 X 7 V rn r 7 } 6" HEADER CURS IIIIIIIIIIIIIIIII °-1-\\\\\\%\\\\\\\\\\\\\\\\ -\ \\\\\%\\\\\\\\\\\\\\\\ IIIIIIIIIEIIIUI rn m 3 Z { { IIIIIIIIIIII}IIIP 0 3 m m m A c J r D • 6" HEADER CURB • 49'-3 fl o • • • • • • m 0 A m X 1 3m M m mn A' 15'-0" U 4/// 4,mo • • m/ • 1 6 r- /;3 / 3 • D 2 0 6 rr Or0 Cm A -Oin 3D'-0° ui • • 10'-0" 1110 SP -n N m D Z m 0 11 CI I N 11 I O.N. POWER li II II II I 1i h. 11 II �C. II II li G�� 1 lit Cno lm Im i= IIfZII I I TELEPHONE WIRE FENCE xxxx AX.X PROJECT NO. 15XXX DRAWN BY: KM DATE: 07 MAY 2015 CHECKED BY: MC PROJECT MGR: XX DESIGN DEVELOPMENT z Icon RIGHT 'C. 2015 AI.t. RIGHTS RESERVED. THESE DESIGNS DRAWINGS ARE THE SOLE PROPEICIY 01 COR\I Rs I ONL. GROUP ARCHITECTS ANI) \I \1 Vol RI REPRODUCED IN A\Y I oR\7. By ANY METHOD, FOR AN) PI RPOSE WITHOUT PREVIOUS WRIT 1I i\ I'I(R\IISSION. WAL-MART EXISTING BUILDING XXXX XXXX XXXX, TEXAS 7XXXX cornerstonearchitects 7000 BEE CAVES RD, SUITE 200 AUSTIN TX 78746 (512) 329 0007 WWW.CORNERSTONEARCHITECTSLLP.NET EXISTING SITE PLAN NOT FOR REGULATORY APPROVAL, PERMITTING OR CONSTRUCTION THIS D0Cu?1EN 1' IS RI].I!.ASED FOR Tkl[ PURPOSE OF INII RI\I RI VII CINDER THE AUTHOR Il\ 01 AR( '1 ID ECT RODN`Y PAI \II:R I 5 -1 °co0(0 a. 1 ■ CITY OF CORPUS CHRISTI DEVELOPMENT SERVICES 13.0 Box 9277 Corpus Christi, Tcxas 78469.9277 (361)826-3240 Located at 2406 Leopard (Corner of Leopard Street and 1 f Street Pmt Avenue) APPLICATION FOR A CHANGE OF ZONING a Case No.: Map No.: 0 I *Planning Commission Hearing Date: Location: City Hall Council Chambers. 1201 Leonard Street at 5:30 n.m. *A madman offive applications are scheduled per hearing. Applications received after the five marimam will be scheduled to the next available meetin . 1. Applicant/Representative: David Petrick Telephone: ( 512 )418-1900 Address (City, State, Zip): 4131 Spicewood Springs Rd. Suite N-1 Austin, Texas 78759 E-mail Address: Cell Phone: ( 512 ) 699-2927 2. Property Owner(s): Fantoai, Ltd Telephone: ( 512 ) 418-1900 Address (City, State, Zip): 4131 Spicewood Springs Rd. Suite N-1 Austin, Texas 78759 E-mail Addressa.11.1111111 _ _ Cell Phone: ( 512 ) 699-2927 _ Ownership Type: ❑ Sole ❑D Partnership ❑ Corporation ❑ Other: r— l 3. Current Zoning and Use: CG -2 Proposed Zoning and Usep' 'Yr Project Address: 11330 Leopard Street Area of Request (sq. ft /acres): 7 acres 12 -Digit Nueces County Tax ID: 9217 — _ - 0001 _ _ _ 0040 If platted, Subdivision Name: Wal-Mart Subd-Annavilie Block: 1 Lot(s): 4 Legal description: Lot 4 Block 1 Wal-Mart Subdivision-Annaville 4. DOCUMENTS REQUIRED: IF APPLICABLE: ❑ ATTACHED Land ❑ • lam'` ti Use Statement © Disclosure of Interest Executed Appointment of Agent Metes and bounds if request is for a portion • of '`"" ` k 1- e p Copy of Warranty Deed a platted lot or an unplatted `ct.te .t 4 (pi r) lot 1 certify that th 'nformation provided is accurate, correct and signed by all owners/ ) � (Owner's Signature) (Applicant's _ Ignature) David Petrick David Petrick (Owner's Printed Name) (Applicant's Printed Name) All signatures on this application shall be original signatures. No copied prints or faxed copies. INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED Application Fees (as ofNovember 1, 2011): 0.00 - 0.99 acre $ 1,107.50 1.00 - 9.99 acres $ 1,692.50 10.00 - 24.99 acres $ 1,976.75 25 acres $ 1,976.75 plus $50.00 per acre over 25 acres Notice Sign Fee $10.00 per sign - Office Use Only Date Received: 1 l lei{ Received By: Atft Application Fee: No. Signs Required / X S10 Sign Fee: /0. 00 Total: 1 '7 0 2-, S a Sign Posting Date: ADP: Form Revised 824/12 F: IDEVELOPMENrSVCSLSHAREDUAND DEVELOPMENTtORDINANCr ADMINISTRATION APPLICATION FORMSIFORMS AS PER LEGAL12012ZONING APPLICATION 2012DOC Ckliek ± 10 J° CAAL-- DAVID PETRICK COMPANY, INC. COMMERCIAL INVESTMENT REAL ESTATE 4131 SPICEWOOD SPRINGS ROAD, SUITE N-1 AUSTIN, TEXAS 78759 October 31, 2015 Ms. Annika Gunning and Ms. Dolores Wood City of Corpus Christi 2406 Leopard Street Corpus Christi, TX 78408 RE: 11330 Leopard Street in Corpus Christi, Nueces County, Texas (Land Use Statement) Dear Ms. Gunning and Ms. Wood: My name is David Petrick. I am the General Partner for Fantozzi, Ltd., the owner of 11330 Leopard Street in Corpus Christi, Nueces, County, Texas. I purchased the property on January 30, 2015. The property consist of seven (7) acres of land with a 57,000 square foot cinder block and brick building that has an approximate clear height of sixteen (16) feet. The structure is supported by steel frame construction and there is a fire sprinkler system. The property has two (2) overhead doors. One is grade level and the other is dock high. There are approximately 330 parking spaces. The property has been vacant for approximately five (5) years. The previous uses were a Wal-Mart Store and a Flea Market. The property was vandalized before I purchased the property. All of the copper wiring was taken and the interior was destroyed by the vandals. During the time I had the property under contract a homeless person broke into the property, brought in a mattress to sleep on, was smoking on the mattress, and started a fire in the building. Upon my purchase I gutted the building and removed the floor tile that has asbestos glue and painted the exterior. During my ownership I have not had any success of finding an occupant that complies with CG -2. What I have found is that there are many requirements for light warehousing and or the storage of and distribution of dry good products. I would like to request a special use permit that will allow the following categories outline in the Uniform Development Code (UDC): 5.1.5B Warehouse and Freight Movement and 5.1.5.D Wholesale Trade. The truck traffic will be limited to the similar traffic of a Wal-Mart Store, no loud manufacturing noises, and no outdoor storage unless it is surrounded by a seven (7) foot fence and located in the rear of the property adjacent to the overhead doors. I do not have a specific use at this time but would like to proceed with the special use permit process because it is difficult to locate a prospect and tell them I cannot lease the building to them until we go through the three (3) month process of attaining the city approvals. I believe this change will bring the property back into the community and make it a useful structure that will support the City of Corpus Christi. The existing land uses adjoining the property are as follows: North: Apartment Complex and northwest is vacant land West: County office and cemetery East: Taco Bell and vacant land South: Vacant building and retail PHONE 512-418-1900 CELL 512-699-2927 E-mail dpetrick@texas.net Thank you for your review and consideration of my request. Sincerely, I David Petrick President Carsetta, LLC General Partner for Fantozzi, Ltd. AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of February 9, 2016 Second Reading for the City Council Meeting of February 16, 2016 DATE: January 19, 2016 TO: Ronald L. Olson, City Manager FROM: Daniel McGinn, AICP CFM, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at 437 Opportunity Drive CAPTION: Case No. 0116-01 Mint Business Professionals, LLC: A change of zoning from the "IL" Light Industrial District to the "CG -2" General Commercial District. The property is described as Lot 61, Block 3, 100 South Padre, located on the southwest corner of Enterprize Parkway and Opportunity Drive. PURPOSE: The purpose of this item is to rezone the property to allow the development of a hotel. RECOMMENDATION: Planning Commission and Staff Recommendation: Approval of the change of zoning from the "IL" Light Industrial District to the "CG -2" General Commercial District. For: 6 Against: 0 Absent: 3 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is proposing to develop a hotel on a 1.63 - acre tract of land. The proposed hotel will consist of 70 units, totaling 45,000 square feet within four stories. The proposed rezoning to the "CG -2" General Commercial District is consistent with the Westside ADP and the adopted Future Land Use map designation of the property as Research/Business Park. The uses permitted in the "CG -2" General Commercial District, and specifically the hotel use is a type of use that would complement and likely be found in a "business park". The proposed rezoning is consistent with the Comprehensive Plan and is compatible with the present zoning, nearby uses and the character of the surrounding area. The proposed zoning will not have a negative impact on the surrounding neighborhood. ALTERNATIVES: Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Westside Area Development Plan (ADP). The proposed rezoning is consistent with the adopted Future Land Use Map designation of the property as Research/Business Park and is consistent with other policies of the Comprehensive Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 1116 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: None LIST OF SUPPORTING DOCUMENTS: Presentation - Aerial Map Ordinance Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Mint Business Professionals, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 61, Block 3, 100 South Padre, from the "IL" Light Industrial 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 Mint Business Professionals, LLC ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 13, 2016, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the "IL" Light Industrial District to the "CG -2" General Commercial District, and on Tuesday, February 9, 2016, 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 Mint Business Professionals, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lot 61, Block 3, 100 South Padre (the "Property"), from the "IL" Light Industrial District to the "CG -2" General Commercial District (Zoning Map No. 051041), as shown in Exhibit "A". Exhibit A, which is a map of the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. The change of zoning does not result in an amendment to the Future Land Use Map, an element of the Comprehensive Plan. 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 Ordinance -Mint Business Professionals Page 2 of 2 SUBJECT/ PROPERTY S ENTERPRIZE PKWY 0 RS -6 08-10 0 F� 400 81 Date Created: 12/14/2015/ Prepared By: Jeremy,M Department of elopment e, ices CASE: 0116-01 SUBJECT PROPERTY WITH ZONING Subject Property 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 Resort Commercial 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 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 AGNES CCIA BEAR SUBJECT PROPERTY 4,,R,4'F LOCATION MAP U City of Corpus Christi Exhibit A Aerial Overview Aerial PLANNING COMMISSION FINAL REPORT Case No. 0116-01 HTE No. 15-10000068 Planning Commission Hearing Date: January 13, 2016 Applicant & Legal Applicant: Ketan Bhakta Owner: Mint Business Professionals, LLC Legal Description/Location: Lot 61, Block 3, 100 South Padre, located on the southwest corner of Enterprize Parkway and Opportunity Drive. Zoning Request From: "IL" Light Industrial District To: "CG -2" General Commercial District Area: 1.63 acres Purpose of Request: To allow the development of a hotel. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "IL" Light Industrial Vacant Research/Business Park North "IL" Light Industrial Vacant Research/Business Park South "IL" Light Industrial Vacant Research/Business Park East "IL" Light Industrial Vacant Research/Business Park West "IL" Light Industrial Commercial Research/Business Park ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for Research/Business Park uses. Research/Business Park uses include commercial uses in addition to some light industrial uses. Therefore, the proposed rezoning to the "CG -2" General Commercial District is consistent with the adopted Future Land Use Plan and the Westside Area Development Plan. Map No.: 051041 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 340 feet of street frontage along Opportunity Drive and 110 feet of frontage along Enterprize Parkway. While these streets are not designated on the Urban Transportation Plan, both streets are built to a collector street standard. Planning Commission Final Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Enterprize Parkway. Local 60' ROW 40' paved 70' ROW 50' paved N/A Opportunity Drive Local 60' ROW 40' paved 70' ROW 40' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "IL" Light Industrial to the "CG -2" General Commercial District to allow the development of a hotel. Development Plan: The applicant is proposing to develop a hotel on a 1.63 acre tract of land. The proposed hotel will consist of 70 units, totaling 45,000 square feet and four stories. Existing Land Uses & Zoning: The subject property is vacant and zoned "IL" Light Industrial District. All the adjacent property is zoned "IL" Light Industrial. Properties to the north, south and east have agricultural uses. The property to the west has a commercial use, The Comfort Inn Suites. 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 Westside Area Development Plan (ADP). The proposed rezoning to the "CG -2" General Commercial District is consistent with the Westside ADP and the adopted Future Land Use map designation of the property as Research/Business Park. The uses permitted in the "CG -2" General Commercial District, and specifically the hotel use is a type of use that would complement and likely be found in a "business park". The following are pertinent elements of the Comprehensive Plan and should be considered: - Business areas that feature mixed office use and retail activities should be encouraged. (Corpus Christi Policy Statements: Land Use - Commercial Policy A.) As the area develops, a hotel in this location can help to support the vision for this area as a business park by allowing for overnight lodging for business men and women who could then walk within the business park to their work destination. - There is no abutting residentially used or zoned property that could be negatively affected by the commercial uses allowed in the "CG -2" General Commercial District. - Commercial activities which generate large volumes of traffic should have direct access to an arterial without having to traverse low-density areas. (Corpus Christi Policy Statements Land Use — Commercial Policy F.) While the site does not have direct access to an arterial, the access that the site has is almost equivalent Planning Commission Final Report Page 3 to direct access since the road system is of sufficient size to handle commercial traffic and there are no low-density residential areas that must be traversed prior to accessing South Padre Island Drive. Plat Status: The subject property is platted. Department Comments: • The proposed rezoning is consistent with the Comprehensive Plan. • The proposed rezoning is compatible the present zoning, nearby uses and the character of the surrounding area. • The "CG -2" District allows overnight accommodation uses including hotels. The "BP" Research/Business Park District was considered as a possible zoning district for this rezoning as the "BP" District also permits overnight accommodation uses such as a hotel use. However, the "BP" District could not be used since the district requires a five -acre minimum site size and the subject property only contains 1.63 acres. • The proposed zoning will not have a negative impact on the surrounding neighborhood. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "IL" Light Industrial District to the "CG -2" General Commercial District. The vote was unanimous with Chairman Ramirez and Commissioners Braselton and Chupe being absent. Public Notification Number of Notices Mailed — 6 within 200 -foot notification area 8 outside notification area As of January 19, 2016: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Application 3. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\0116-01 Mint Business Professionals, LLC\Council Documents\Report-Mint Business Professionals, LLC.docx SUBJECT PROPERTY ENTERPRI-ZE-PKWY M N C Gz.,2 2 3 N RS -6 3A \\ 400 CG -2 800 eet Date Created: 12/14/2015/ Prepared By: Jeremy,M Departm-nt of elopment e, ices CASE: 0116-01 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 Resort Commercial 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 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 AGNES CCIA w 0 BEAR a 2 SUBJECT PROPERTY AGNES� E LOCATION MAP v City of Corpus Christi C cep 5 cti4,S;. . r rn `'D. 1857 - Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street REZONING APPLICATION Office Use Only Case No.: 0116-01 Map No.: 05/0 7 PC Hearing Date: 1-1 3-1 h Proj.Mgr: Wood Hearing Location: City Hall. Council Chambers, 1201 Leopard Street Hearing Time: 5:30 p.m. "A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING. " INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. 1. Applicant: Ketan Bhakta Contact Person : Ketan Bhakta Mailing Address: 14050 S. Padre Island Drive City: Corpus Christi state: Tx ZIP: 78418 Phone: ( ) E-mail: Cell: (361 ) 960-5035 2. Property Owner(s): Mint Business Professionals, LLC Contact Person : Dustin Sanchez Mailing Address: P. 0. Box 60650 City: Corpus Christi ate: Tx Zlp: 78466 Phone: ( ) E-mail: Cell: (956 ) 801-1789 3. Subject Property Address: 437 Opportunity Area of Request (SF/acres): 71 ,103 SF (4,3tic_ Current Zoning & Use: IL (vacant land) Proposed Zoning & Use: CG -2 (hotel) 12 -Digit Nueces County Tax ID: 6030 _ - 0003 _ 0610 Subdivision Name: One Hundred South Padre Unit 1 Block: 03 Lot(s): 61 Legal Description if not platted: Ilia 4. Submittal Requirements: ❑I■ Early Assistance Meeting: Date Held 11/4/2015 ; with City Staff yes El IF ❑ • ❑■ Land Use Statement■❑ Disclosure of Interest ❑E Copy of Warranty Deed APPLICABLE: Peak Hour Trip Form (if request is inconsistent with Future Land Use Plan) Metes & Bounds Description with exhibit if property includes un -platted land (sealed by RPLS) Appointment of Agent Form if landowner is not signing this form • Site Plan for PUD or Special Permit ❑ Lien Holder Authorization I certify that 1 have provided the City of Corpus Christi with a complete application for review; that I am authorized to initiate this rezoning s or on behalf of the Property Owner(s); and the information provided is accurate. Owner or Agent's ignature Applicant's Signature KETrfo.J Pit%4 Kill Owner or Agent's Printed Name Applicant's Printed Name Office Use Only: Date Received: it -11- l5. Received By' b IX) ADP: if Rezoning Fee: 1 VIZ. SO + PUD Fee + Sign Fee W,' = Total Fee T 1 7/ A ;.5o 0%-. [Ilo.si9nsReuired.@ $10/sign Sign Posting Date: K10EVELOPMENTSVCStiSHAREDIANO OEVELOPMENTIAPPLICATION F0RMSIREZONINGIZONING APPLICATION 2015.0OC Form Revised 5/12/2015 LAND USE STATEMENT 1. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed building(s)/unit(s), building(s)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. Currently, the subject property is a vacant tract of land. The purpose of the request is to change the zoning from the current IL to CG -2 for the development of a hotel. There are two existing hotels in the immediate area. Our preliminary plan has an approximate building size of 45,000 square feet, 4 stories, with approximately 70 units. There will be parking for up to 70 cars, and being a hotel, we will be open basically 24 hours a day. Signage will be addressed, and will conform to ail municipal codes. We should have between 12 and 15 employees. 2. Identify the existing land uses adjoining the area of request: North - Opportunity Drive / vacant land South - vacant land East - Enterprise Parkway / vacant land West - Harley Davidson of Corpus Christi C1USERSITANYAR.0001DESKTOPIDAILY USEIANNIKAILAND USE STATEMENT FOR ZONING DOC [R= 10 00', LA= 17.57] (S 00' 07' 21" W 95.15': LC=(S 44 40' 48" E 15.40') [S 00` 06' 55" W 94 951 ENTERPRISE PARK'.'eAY _ z V. ILL AM R DU<7RLL .OL ::_ 1 PG 945 ORNCT [N 00° 02' 25" E 147.85] NGTES. (N 00° 05' 20" E 147.63') 17 , Fvund Fro -1 R ,a atl Ivl co n,rc ene,z raged othcrw:Sr 12.1 House Tres ale in :ho :o.rnlla:oo I, Ronald A. Voss. n Regi±:Cred Prcles no' Land Surveyor do hero^y rt.ty SnAS IMS Laney wns madli pa t?+" a-.;.r1d OT[liedropbrTY STgrar Ferran under my mreFhan and soder.:. I -,S 1 ra rey Anow edge m,d Wei mat Iherer are re a0pareol enc; a "Is or medal -1.m cI IrrprOvrmentl min m" deed nes CUCel 'V0111 er„ph 7h11Survey v,a5 performed evthevt the Uene.' 1 al a T 'Act Or Tar 0001On NOTE TH15 SJ9V9Y 1S FOR THE s F c OF THF HU1'[R TITLE COMPANY OR MORTGAGE COMPANY IV TH-S TRP ry ArTION ONLY NO LILE':SE HAS BEEN CREATED EXPRESSED OR IV E °PRY' THE SURVEY WHICH IS VC ID AFTER 911 1.10'4115 FR=T 9 ATE TI'S SURVEY BUYER: SOUTH PADRE ISLAND DRIVE (STATE HIGHWAY 358) i Fi o A* • d• 1 1 1 b- °' •D"1 v, T l Qi i' f�r $�•"),‘°:'Z+ Qsrr�ttl���.��' LOTO 6LI _:1.ya Ar•mr.rty ton sl rn<r, i nTn r 4Ccnrd,rlg Ai F Rli 85 wh,th Is NOT WO,. '.r, 100 year F11.-4 PIc, NOT VAL19 WITHOUT CRIG'.1AL S'G:JATURE AND ORIGINAL SEAL Rrg stated Pr(7es0ena, Land Svrvrryrr Sato 51 Tenns .':o. 2293 DATE: 03/0912015 REVISION: CREW. RS & DL OFFICE RV & RG GF#: JOB#: 15-3660 Lot 61, Block 3, 100 South Padre Volume 61, Page 157 (M.R.N.C.T.) Corpus Christi, Nueces County, Texas KEY: W000 FENCE [RECORDED] WIRE FENCE (MEASURED) VINYL FENCE VC S S ENGINEERING, INC. ENGINEERING 8 LAND SURVEYING 6838 GREENWOOD DRIVE, CORPUS CHRISTI, TEXAS 78415 PHONE: 361.854.6202 FAX: 361.853.4696 APPOINTMENT OF AGENT As owner of the subject property, I hereby appoint the person designated below to act for me, as my agent in this request. Name of Agent: Ketan Bhakta Mailing Address: 14050 S. Padre Island Drive City: Corpus Christi Stale: Tx Home Phone: ( 2 Business Phone: j ) Zip: 78418 Cell: ( 361 ) 960-5035 I acknowledge and affirm that 1 will be legally bound by the words and acts of my agent, and by my signature below, l fully authorize my agent to: Be the point of contact between myself and the City of Corpus Christi; make legally binding representations of fact and commitments of every kind on my behalf; grant legally binding waivers of rights and releases of liabilities of every kind on my behalf; consent to legally binding modifications; conditions, and exceptions on my behalf; and, to execute documents on my behalf which are legally binding on me. 1 understand that the City of Corpus Christi will deal only with a fully authorized agent. At any time it should appear that my agent has less than full authority to act, then the application may be suspended and 1 will have to personally participate in the disposition of the application. 1 understand that all communications related to this application are part of an official proceeding of City government and, that the City will rely upon statements made by my agent. Therefore, I agree to hold harmless and indemnify the City of Corpus Christi, its officers, agents, employees, and third parties who net in reliance upon my agent's words and actions from all damages, attorney fees, interest and costs arising from this matter. If my property is owned by a corporation, partnership, venture, or other legal entity, then I certify that 1 have the legal authority to make this binding appointment on behalf of the entity, and every reference herein to "l", "my", or "me" is a reference to the entity. L *Signature of Agent: Title: r rQPi "✓r Printed/Typed Name of Agent: Ketan Bhakta Date: {Signature of Property Owner:' Title- rtlir Printed/Typed Name of Property OwnerD1�1 �! Date: *Signature of Property Owner: Title:_ Printed/Typed Name of Property Owner: Date.. _ *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: •Application must be signed by the individual applicant, each partner of a partnership, or by an authorized officer of n corporation or association, D. W Brown APPOINTMENT OFA0EN17•1.9419.doc NAME: Mint Business Professionals, LLC STREET: 5277 Old Brownsville Rd Ste 205 CITY: Corpus Christi np: 78405 FIRM is:OCorporation OPartnership OSole Owner OAssociation °Otherl_LC DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) n/a nla nla nla 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 nla n/a n/a n/a 3. State the names of each "board member" of the City of Corpus Christi having an 'ownership interest" constituting 3% or more of the ownership in the above named "firm". Name nla Board, Commission, or Committee n/a n/a n/a 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an 'ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant n/a n/a n/a nla CERTIFICATE !certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person:h Title: OGv h4 r (Print h mi e) Signature of Certifying Person: Date: /1,—/d / r KIDEVELOPMENTSVCSZHAREDILAND DEVELOPMENTIAPKICATION FORMS4REZONINGIOISCLOSURE OF INTERESTS STATEMENT 5.12.2015,DOC 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: Ketan Bhakta STREET: 14050 S. Padre Island Drive CITY: Corpus Christi ZIP: 78418 FIRM is:°Corporation °Partnership °Sole Owner °Association ()Other individual DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3° or more of the ownership in the above named "firm". Name Job Title and City Department (if known) n/a n/a n/a n/a 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name n/a Title nla nla nla 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 n/a Board, Commission, or Committee n/a nla n/a 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant nla n/a n/a n/a CERTIFICATE certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Ale - Signature Certifying Person: Title. - (Print Name) of Certifying Person: Date: K' J1EVELOPMENTSVCSISHAREO LAND DEVELOPMENTIAPPLICATION FORMStREZONINGYDISCLOSURE OF INTERESTS STATEMENT_5.12.2015.DOC AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of February 9, 2016 Second Reading for the City Council Meeting of February 16, 2016 DATE: January 19, 2016 TO: Ronald L. Olson, City Manager FROM: Daniel McGinn, AICP CFM, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at 1914 Lipan Street CAPTION: Case No. 0116-02 City of Corpus Christi: A change of zoning from the "IH" Heavy Industrial District to the "RS -4.5" Single -Family 4.5 District. The property is described as Lot 5A, Block 4, Brennan Addition, located on the north side of Lipan Street between Coke Street and 19th Street. PURPOSE: The purpose of this item is to rezone the property to allow the construction of single-family housing. RECOMMENDATION: Planning Commission and Staff Recommendation: Approval of the change of zoning from the "IH" Heavy Industrial District to the "RS -4.5" Single -Family 4.5 District. For: 6 Against: 0 Absent: 3 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is proposing to develop three single-family dwellings on the 0.33 -acre site. The site is part of the City's initiative to create affordable housing and infill development. The Unified Development Code will require the property to be replatted into three lots with a minimum lot size of 4,500 square feet for each lot. The "RS -4.5" District requires a 20 -foot wide front yard, and five-foot side and rear yards. The proposed rezoning is consistent with the Comprehensive Plan. The proposed rezoning is compatible with surrounding uses; however the surrounding Heavy Industrial zoning conflicts with residential uses. This area may need to be reviewed for a possible City initiated rezoning, given the amount of vacant land and the goals of the Central Business Plan to encourage new or revitalization of residential uses in the area. The property is suitable for the proposed residential uses and currently served by water and wastewater lines, a street with curb, gutter and a sidewalk. A drainage ditch abuts the property to the north. The rezoning and subsequent zoning map amendment will not negatively impact the surrounding properties. ALTERNATIVES: Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Central Business Area Development Plan (ADP). The proposed rezoning to the "RS -4.5" Single Family 4.5 District is not consistent with the adopted Future Land Use Map's designation of the property for Professional Office uses, but the concept of adding housing to the area is consistent with the Central Business Area Development Plan. EMERGENCY/NON-EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 11 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: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by the City of Corpus Christi ("Owner"), by changing the UDC Zoning Map in reference to Lot 5A, Block 4, Brennan Addition, from the "IH" Heavy Industrial District to the "RS -4.5" Single -Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of the City of Corpus Christi ("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, January 13, 2016, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the "IH" Heavy Industrial District to the "RS -4.5" Single -Family 4.5 District, and on Tuesday, February 9, 2016, 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 City of Corpus Christi ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lot 5A, Block 4, Brennan Addition, located on the north side of Lipan Street between Coke Street and 19th Street (the "Property"), from the "IH" Heavy Industrial District to the "RS -4.5" Single -Family 4.5 District; (Zoning Map No. 046044), as shown in Exhibit "A". Exhibit A, which is a map of the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. The City's Future Land Use Map, an element of the Comprehensive Plan, is amended to designate the Property for low density residential land uses. 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 Ordinance -City of Corpus Christi Page 2 of 2 LESTE R -ST ti ff O m MC u Yf 7 M N N 0 N N M V. b h O M N N N u MESTINA ST SUBIECT PROPERT IH 7 N o � a 0 LEOPARD ST CI co h 3 0 N M m N N 0 CULBERSON ST 0 73 0 0 co 73 N co D_1 'T1 Date Create l: 12/15/2015 Prepared,By: JeremyM Department of Development Services dIA111 LE HI 01 8N 98Z AMH CASE: 0116-02 SUBJECT PROPERTY WITH ZONING Subject Property 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 CHANNEL LEOPARD_ PROPERTY LOCATION MAP MORGAN 1 City of Corpus Christi Exhibit A Aerial Overview Aerial PLANNING COMMISSION FINAL REPORT Case No. 0116-02 HTE No. 15-10000068 Planning Commission Hearing Date: January 13, 2016 Applicant & Legal Description Applicant/Owner: City of Corpus Christi Legal Description/Location: Lot 5A, Block 4, Brennan Addition, located on the north side of Lipan Street between Coke Street and 19th Street. Zoning Request From: "IH" Heavy Industrial District To: "RS -4.5" Single Family 4.5 District Area: 0.33 acres Purpose of Request: To allow the construction of single-family housing. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "IH" Heavy Industrial Vacant Professional Office North "IH" Heavy Industrial Single-family Medium Density Residential South "IH" Heavy Industrial Commercial and Vacant Commercial East "IH" Heavy Industrial Vacant Medium Density Residential West "IH" Heavy Industrial Light Industrial and Single-family Medium Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Central Business Area Development Plan and is planned for professional office uses. The proposed rezoning to the "RS -4.5" Single Family 4.5 District is not consistent with the adopted Future Land Use Plan map but the concept of adding housing to the area is consistent with the Central Business Area Development Plan. Map No.: 046044 Zoning Violations: None Planning Commission Final Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 155 feet of street frontage along Lipan Street, which is designated by the Urban Transportation Plan as a 01 Minor Residential Collector street. The maximum desirable average daily trips for a 01 street is 1,000 to 3,000 trips. m§ i•p Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Lipan Street 01 Collector 60' ROW 40' paved 63' ROW 36' paved N/A Staff Summary: Requested Zoning: The applicant has requested rezoning from the "IH" Heavy Industrial District to the "RS -4.5" Single -Family 4.5 District. Development Plan: The applicant is proposing to develop three single-family dwellings on the 0.33 -acre site. The site is part of the City's initiative to create affordable housing and infill development. The City program is targeting infill development in Community Block Grant eligible neighborhoods on private and City -owned property. At a minimum, the Unified Development Code would require the property to be replatted into three lots with a minimum lot size of 4,500 square feet for each lot. The "RS -4.5" District requires a 20 -foot wide front yard, and five-foot side and rear yards. Existing Land Uses & Zoning: All the adjacent property is zoned "IH" Heavy Industrial. Properties to the north have a drainage ditch and single family dwellings. To the west is a light industrial used lot and single-family dwellings. East of the subject property are two vacant lots. The property to the south has a commercial use, Habitat for Humanity Restore. 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 proposed rezoning to the "RS -4.5" Single -Family District is consistent with the Central Business Area Development Plan to encourage additional housing in or near the Central Business District. However, the adopted Future Land Use Plan's designation of the property as Professional Office is not consistent with the proposed zoning to a residential district. Additionally, the following are pertinent elements of the Comprehensive Plan and should be considered: - The conflict with the Future Land Use map designation of Professional Office is mitigated by the fact that development of single family dwellings will result in less intensity of use and impact to utilities than development of office uses. Planning Commission Final Report Page 3 - Because housing is normally a private -sector product, positive incentives should be investigated to do everything possible to encourage the construction of affordable housing for all citizens. (Corpus Christi Policy Statements Housing — Introduction) - Increase the availability of housing for low and moderate income families. One of the most elementary and vital elements of a desirable standard of living is the availability of standard housing for families. The City should seek all federal, state and local programs that can address this important need. Emphasis should be placed on providing adequate housing through the rehabilitation of substandard housing units. Emphasis should also be placed on the use of public funds to leverage private investment for housing rehabilitation and new construction of housing for low and moderate income families. (Corpus Christi Policy Statements Housing — Policy H.) The construction of quality, affordable new homes, and the rehabilitation of substandard homes should be encouraged. Single-family home ownership is still viewed, by most people, as the ideal form of housing. However, rising costs have made the purchase of new homes difficult for many citizens' especially young families and minorities. The maintenance of older residential areas and the rehabilitation of run down housing units will provide citizens with quality living environments and will help keep older neighborhoods viable. (Corpus Christi Policy Statements Housing — Policy. A) - Infill development should be encouraged on vacant tracts within developed areas. Owners of vacant tracts or lots should be encouraged to develop their properties. Steps should be taken to improve the economic viability of infill development through incentives that will attract private investments. (Corpus Christi Policy Statements Residential — Policy H.) - Encourage high-density residential development in the Central Business District. High-density residential development is crucial to the continued redevelopment of the Central Business District and should therefore be encouraged. This type of redevelopment, combined with hotel and motel development, will help establish a core residential population that will serve to support further commercial growth and redevelopment in the Central Business District. (Corpus Christi Policy Statements Central Business District — Policy D.) Plat Status: The subject property is in the process of being replatted into three lots of at least 4,500 square feet each. Department Comments: • The proposed rezoning is consistent with the Comprehensive Plan. • The proposed rezoning is compatible with surrounding uses; however the surrounding Heavy Industrial zoning conflicts with residential uses. o This area may need to be reviewed for a possible City initiated rezoning, given the amount of vacant land and the goals of the Central Business Plan to encourage new or revitalization of residential uses in the area. • The property is suitable for the proposed residential uses and currently served by water and wastewater lines, a street with curb, gutter and a sidewalk. A drainage ditch abuts the property to the north. • The rezoning and subsequent zoning map amendment will not negatively impact the surrounding properties. Planning Commission Final Report Page 4 Planning Commission and Staff Recommendation: For: 6 Against: 0 Absent: 3 Approval of the change of zoning from the "IH" Heavy Industrial District to the "RS -4.5" Single -Family 4.5 District. Public Notification Number of Notices Mailed — 44 within 200 -foot notification area 3 outside notification area As of January 19, 2016: In Favor — 1 inside notification area — 0 outside notification area In Opposition — 1 landowner inside notification area — 0 outside notification area Totaling 1.33% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Application 3. Public Comments Received K:\DevelopmentSvcs\SHARED\ZONING CASES \2016\0116-02 City of Corpus Christi\Council Documents\Report-City of Corpus Christi.docx M a h e ti ti ti ti n ti Z1 O ti N N N Oo, °lc) . Y1 a M N �1 SUBIECT PROPERT H 1- 0 n O ti O ti ti h e fa N ti MESTINA ST 22 23 ti ~rib W 0 U ti ti 1 ti LEOPARD ST CI {2 wrn co o O ," N M 24 43 .17 25 1 34 ,32 �¢ 15 16 19 4414 4, 'n g, }l o� a, l,ylti ti Iti+y n 10 ti BRENNAN ST '3319 37- Tr -or 27 45 n m N a -- O ti z 0 cc W -1 0 EMS LE HI 01 SN 98Z AMR 0 73 0 NcoW 3 N CO 01 'rt Date Creat: 12/15/2015 Prepareday: JeremyM Department of Development Services CASE: 0116-02 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 Resort Commercial 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 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 Alt LOCATION MAP City of Corpus Christi o 4 scw- ° 47 ,. 7i ; __ ' Development Services Dept P O Box 9277 Corpus Christi Texas 76469.9277 (361) 826-3240 Located at 2406 Leopard Street REZONING APPLICATION Office Use Only 02 0116 �i;a�T� Case No .°. Map No.. PC Hearing Dale: Tan. 13, 2Q16 Proj.Mgr• D. Wood Hearing Location: City Hall, Council Chambers, 1201 Leopard Street Hearing Time: 5:30 p.m. • A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING. • INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. 1. Applicant Facilities & Property Management Contact Person Gina Sanchez Mailing Address 1201 Leopard Street City_ Corpus Christi stale. TX ziP:78401 Phone ( 361 ) 826.3582 E-mail Cell ( ) 2. Property Owner(s) City of Corpus Christi Contact Person :Gina Sanchez Mailing Address 1201 Leopard Street city:Corpus Christi stale:TX zIP:78401 Phone: (361 826.3582 E-mail: Cell ( ) 3. Subject Property Address 1914 Lipan Street Area of Request (SFlacres) 150 ft X 96 ft _Ifl5 Current Zoning & Use Heavy Industrial Proposed Zoning & User. R.54 r6 12 -Digit Nueces County Tax ID: 0945 __0004 _ 0050 , ftr eiwiLP loll: Subdivision Name: Brennan Block: 4 Lot(s) 5A Legal Description if not platted: 4. Submittal Requirements: ❑ Early Assistance Meeting: request Date Held with City Staff - , of Interest ❑ Copy of Warranty Deed with Future Land Use Plan) 0 Site Plan for PUD or Special Permit ■ Land Use Statement ■ Disclosure IF APPLICABLE: ❑ Peak Hour Trip Form (if ❑ Metes & Bounds Description ❑ Appointment of Agent Form is inconsistent with exhibit if landowner If property includes un -platted land (sealed by RPLS) ■ Lien Holder Authorization is not signing this form I lily the I have provi a City of Corpus Christi with a compfefe application for review; that I am authorized to initiate this rezoning as a on behalf the Property Owner(s). and the inf. •• at, .rov'•ed is accurate 4 in;:� At .1./;/ Owner or A is Signator City of orpus Christi A7 . 'e • -lure Gina Sanchez Owner or Agent's Printed Name t Applcant s Panted Name Office Use Only: Date Received: 10-1Z- 1. S Received By Al) ADP: C, Rezoning Fee: 1 10? .SO + PUD Fee + Sign Fee ib .00 = Total Fee 4 1 n ..'5 O No. Signs Required 1 S10/sign Sign Posting Date: ll.%DEVELOPMEI TSVCS'SHMI E0UJ Q DEVELOPMEMIAPPLICATION FORMS'RF2OHING1Z0114G APPLICA?ION 2015 DOC Form Revised 511212015 LAND USE STATEMENT 1. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed building(s)/unit(s), building(s)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. In an effort to create affordable housing for the community of Corpus Christi Gus Gonzalez, Assistant City Manager, is requesting to rezone the property on 1914 Lipan Street to RS4.5 Single Family. The land has already been re -plated into three lots by Russell Ochs and submitted to Development Services for review. These would be smaller lots than the currently zoned property. The goal is that three homes will be constructed on the existing site. 2. Identify the existing land uses adjoining the area of request: North - 1 t4 rctxrr c -t South - l N Catmrvrrzirc \ CI 0.C.0 --r East - t N V C R'l- West - ' �� �l y T h \v 51-1-1 C WSERS TANYAR OOC DE5KTORDAILY USEWINl14AV.AND USE STATEMENT FOR ZONING DOC Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact ' the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intention de asistir a esta junta y true reauieren servicios especiales, se les suplica que 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 Commissitzr7 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 diriqirse a la commission durante la 'unta su in les es limitado favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar 1 un interprete serpresente durante la'unta. D _ECM 11 JAN 11 ZOIE DEVELOPMENT SERVICES CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0116-02 TI-ebr'51 itiisti is considering a change of zoning from the "IH" Heavy Industrial District to the "RS -4.5" Single -Family 4.5 District, resulting in a change to the Future Land Use Map from professional office to low density residential uses. The City proposes to facilitate the construction of three dwelling units. The property to be rezoned is described as: Lot 5A, Block 4, Brennan Addition, located on the north side of Lipan Street between Coke Street and 19t Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. 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, January 13, 2016, 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: LU_ . Address: t"1 c . a L +favi s+ { IN FAVOR ( ) IN OPPOSITION REASON: SEE MAP ON REVERSE SIDE Property Owner ID; * H HTE# 15-10000068 City/State: e.oti-Pk5 '1 40 Phone: ReLAJ Etta& Signature Case No. 0116-02 Project Manager. Bob Payne Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades. que tienen la intencion de asistir a esta junta v que requieren servicios especiales, se les suplica que 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 diriairse a la commission durante la iunta v su ingles es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un i ter.rte ser gresente-da. �r� nta. DEVELOPMENT SERVICES SPECI1- L SERVICES The`City-of-Gorpus-Ch-risti-is considering a change of zoning from the "IH" Heavy industrial District to the "RS -4.5" Single -Family 4.5 District, resulting in a change to the Future Land Use Map from professional office to low density residential uses. The City proposes to facilitate the construction of three dwelling units. The property to be rezoned is described as: Lot 5A, Block 4, Brennan Addition, located on the north side of Lipan Street between Coke Street and 19th Street. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0116-02 The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. 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, January 13, 2016, 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 OWNERS} 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: .CJ Lt /S %dos >9 R I em, d AjA Address: 4Pgb5f J i/id CMOS C/74/ 5 T/f City/State: 76.---,Y4 17416 -5— ( ) IN FAVOR (('OPPOSITION Phone: REASON: 0-4h) fr2,0-74- AAL, .c!ve, _ 1940 , oed44/ ef4 <0127.0 /- ' -SI AEVERSE SIDE Property Owner /' HTE# 15-10000068 n I[ , Case No. 0116-02 Project Manager: Bob Payne Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, cue tienen la intencion de as.istir a esta junta y ue reguleren servicios especiales, se les suplica 4ue 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 diriqirse a la commission durante la junta v su irides es limitado. favor de !lamer al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 hares antes de la junta para solicitar un interprete ser presente durante la junta. U E C IEE 1.--:6C TY PLANNING COMMISSION JAN 12D36 1 PUBLIC HEARING NOTICE Rezoning Case No. 0116-02 DEVELOPMENT ,E Rvir'ES The City aojpusrChristi•is considering a change of zoning from the "IH" Heavy Industrial District to the "' "-Sirigie=Fahily 4.5 District, resulting in a change to the Future Land Use Map from professional office to low density residential uses. The City proposes to facilitate the construction of three dwelling units. The property to be rezoned is described as: Lot 5A, Block 4, Brennan Addition, located on the north side of Lipan Street between Coke Street and 19th Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. 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. January 13, 2016, 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: L ze/s / J o 5.9 R o Address: 8o „DA Wee City/State: &4DGS C// 9/-5 ?/ ( ) IN FAVOR ('IN OPPOSITION Phone: REASON: o-- ,{,' `-%y�.� _,2J ' ;. �i� - / � �e,c�� z:4 e�...j- tea-. ,,,,c-6-...}-6------- ems , t ,,,:_cid6-- 1 4-- igife ,,,/--__.,... . iia, aic 41..---- -a- (yid-Id:2 #'1- ,pAuit4AA.1..-,04,-,oul,,, .,4,,,,,,,,,,,,,,,:ee.ete .6 C" --'7,11,,e, 72.44.44_ :41°` ,"...44.4)r /61 a — - sem_ /— % /d Signa re SEE MAP ON REVERSE SIDE Property Owner ID .26" HTE# 15-10000068 Case No. 0116-02 Project Manager: Bob Payne AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of February 9, 2016 Second Reading Ordinance for the City Council Meeting of February 16, 2016 DATE: TO: January 22, 2016 Ronald L. Olson, City Manager FROM: Mike Markle, Chief of Police mikemacctexas.com 886-2603 Accepting and appropriating the FY 2016 Local Border Security Program (LBSP) Grant CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $90,000 from the State of Texas Governor's Homeland Security Grants Division for funding eligible under the FY2016 Local Border Security Program (LBSP) grant to reimburse overtime, fringe benefits, and mileage; and appropriating the $90,000 in the No. 1061 Police Grants Fund. PURPOSE: Accept the grant and appropriate the funds. BACKGROUND AND FINDINGS: Funding is available to enhance law enforcement patrols in an effort to deter and facilitate directed actions to interdict criminal activity. The Police Department will deploy officers on an overtime basis to conduct direct actions and operations within the city limits and ETJ targeting known drug, currency and human trafficking routes operating in the South Texas area to points north. The funding provides for overtime, retirement for sworn officers and mileage. There is no City match required. Funding is available from October 1, 2015 — August 31, 2016. 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: ❑ Operating X 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 $90,000 $90,000 BALANCE $90,000 $90,000 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $90,000 from the State of Texas Governor's Homeland Security Grants Division for funding eligible under the FY2016 Local Border Security Program (LBSP) grant to reimburse overtime, fringe benefits, and mileage; and appropriating the $90,000 in the No. 1061 Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant in the amount of $90,000 from the State of Texas Governor's Homeland Security Grants Division for funding eligible under the FY2016 Local Border Security Program (LBSP) grant. SECTION 2. That $90,000 is appropriated in the No 1061 Police Grants Fund from the State of Texas Governor's Homeland Security Grants Division to reimburse overtime, fringe benefits, and mileage. SECTION 3. In the event of the loss or misuse of these State of Texas, Criminal Justice Division funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Criminal Justice Division in full. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, 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 , 2016 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 , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of Feb. 9, 2016 Second Reading Ordinance for the City Council Meeting of Feb. 16, 2016 DATE: January 14, 2016 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Acceptance of 2016 Hazardous Materials Emergency Preparedness (HMEP) grant in the amount of $70,000 to update the 2010 Commodity Flow Study. CAPTION: Ordinance authorizing the City Manager, or designee, to execute all documents necessary to accept a grant of services budgeted for $70,000 from Texas Department of Public Safety, Governor's Division of Emergency Management, for FY 2016 Hazardous Materials Emergency Preparedness (HMEP) grant program to conduct an update to the 2010 Commodity Flow Study with a hard match of $14,000; appropriating the $14,000 in the Local Emergency Planning Committee (LEPC) Fund No. 6060; and changing the FY 2015-16 Operating budget adopted by Ordinance No. 030620 by increasing expenditures in the Local Emergency Planning Committee Fund No. 6060 by $14,000. PURPOSE: The data and analysis will be used to update the 2010 Commodity Flow Study. BACKGROUND AND FINDINGS: In 2010, the Corpus Christi/Nueces County LEPC conducted a Commodity Flow Study to assess hazardous material being transported throughout the County which included our three hazardous materials highways IH37, US77 and US181. This study predated the Joe Fulton Corridor as well as the influence of the Eagle Ford Shale play. The grant funds requested will be used to update the 2010 Commodity Flow Study. Nueces County is seeking to designate a Non -Radioactive Hazardous Materials truck route that will potentially reduce the transport of hazardous materials over the new Harbor Bridge. The updated Flow Study will be used to determine the best possible route. The Flow Study will be performed by the Texas Transportation Institute (TTI) to collect, evaluate, and document hazardous materials movements for major roadway, railway, waterway, and pipeline transport corridors in the City of Corpus Christi, Nueces County LEPC jurisdiction. The Texas Department of Public Safety will pay TTI $56,000 and the City of Corpus Christi LEPC will pay $14,000 for a total of $70,000. At the end of FY 2015, the Unreserved Fund balance for the LEPC Fund 6060 was $83,000. The appropriated funds will be budgeted into Account 530000 (Professional Service), Fund 6060, Org. 21700. ALTERNATIVES: If we do not accept and appropriate funds from the grant, we will have limited information to determine the best possible hazardous materials truck route. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of Ordinance to accept grant funds. EMERGENCY / NON -EMERGENCY: This is a Non -Emergency, non -controversial item. DEPARTMENTAL CLEARANCES: 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 0 14,000 14,000 Encumbered / Expended Amount This item 0 14,000 14,000 BALANCE 0 0 0 Fund(s): Comments: The City of Corpus Christi/Nueces County LEPC has approved a motion to apply and accept the HMEP grant which requires a match of $14,000 which is 20% of the grant award. RECOMMENDATION: Staff recommends approving Ordinance accepting the HMEP grant in the amount of $70,000 to update the 2010 Commodity Flow Study and changing the FY 2015-16 LEPC Operating Budget by increasing expenditures in Fund No. 6060 by $14,000. LIST OF SUPPORTING DOCUMENTS: Ordinance Award Letter Contract Ordinance authorizing the City Manager, or designee, to execute all documents necessary to accept a grant of services budgeted for $70,000 from Texas Department of Public Safety, Governor's Division of Emergency Management, for FY 2016 Hazardous Materials Emergency Preparedness (HMEP) grant program to conduct an update to the 2010 Commodity Flow Study with a hard match of $14,000; appropriating the $14,000 in the Local Emergency Planning Committee (LEPC) Fund No. 6060; and changing the FY 2015-16 Operating budget adopted by Ordinance No. 030620 by increasing expenditures in the Local Emergency Planning Committee Fund No. 6060 by $14,000. Be it Ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant of services budgeted for $70,000 from Texas Department of Public Safety, Governor's Division of Emergency Management, for FY 2016 Hazardous Materials Emergency Preparedness (HMEP) grant program to conduct an update to the 2010 Commodity Flow Study with a hard match of $14,000. Section 2. That $14,000 is appropriated in the Local Emergency Planning Committee (LEPC) Fund No. 6060 changing the FY 2015-16 Operating budget adopted by Ordinance No. 030620 by increasing expenditures in the Local Emergency Planning Committee Fund No. 6060 by $14,000. 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 Joanne Salge From: Bryant, Joshua S <Joshua.Bryant@dps.texas.gov> Sent: Tuesday, October 06, 2015 2:59 PM To: Joanne Salge; Rick Ramos Subject: HMEP Planning Grant Award Notice Dear City of Corpus Christi, Nueces County LEPC, The State Emergency Response Commission (SERC) Planning Committee has met and allocated FY2016 Hazardous Material Emergency Preparedness (HMEP) funds for your Local Emergency Planning Committee. After careful consideration and review of your HMEP Planning Grant application, the SERC has decided that your application meets all of the eligibility criteria and the goals of the HMEP Planning Grant Program. Here are the results for your LEPC: LEPC Award Match Total City of Corpus Christi, Nueces County LEPC $56,000.00 $14,000.00 $70,000.00 The Texas Department of Public Safety is currently in the process of approving Agreements for HMEP Planning Grant Recipients which will detail the terms of the grant. Our goal is to have this Agreement to you as soon as possible. Please contact Joshua Bryant, AIP/Pantex Planner, with any questions you may have at 512-694-4258 or by email at Joshua.brvantc dps.texas.pov. We appreciate your interest in the HMEP Planning Grant and hope that your participation in this coming year will be rewarding for your community. Respectfully, Joshua Bryant AIP/PANTEX Planner - Technological Hazards Unit, Preparedness Section Texas Division of Emergency Management Texas Homeland Security Texas Department of Public Safety 0: 512-424-2589 M: 512-694-4258 Joshua.BrvantCa7dps.texas.gov www.txdps.state.tx.us/dem 1 City of Corpus Christi, Nueces County LEPC Agreement TXDPS Contract No. 405 -EMD -16-0005 AGREEMENT FOR HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS PLANNING GRANT TXDPS OF TEXAS § City of Corpus Christi, Nueces County LEPC § PARTIES Pursuant to the authority of Texas Government Code §§ 418.043 and 418.044 and/or § 791.011, this Agreement for a Hazardous Materials Emergency Preparedness (HMEP) Planning Grant is made by and between the Texas Department of Public Safety (TXDPS), Texas Division of Emergency Management (TDEM), hereinafter called "TXDPS" and City of Corpus Christi, Nueces County Local Emergency Planning Committee (LEPC) Local Emergency Planning Committee (LEPC) hereinafter referred to as "LEPC" and the Texas Transportation Institute (TTI). WITNESS Whereas, TXDPS has no programmed resources to implement United States Department of Transportation (USDOT) 49 CFR 110; and WHEREAS, TXDPS shall receive funds from the USDOT to accomplish the tasks detailed in this Agreement_ AGREEMENT NOW, THEREFORE, TXDPS and the Grantee, in consideration of the mutual covenants and agreements contained herein, do mutually agree as follows: The City of Corpus Christi, Nueces County LEPC shall assist with and provide the local match for hazardous materials emergency preparedness planning activities in connection with the project as stated in the Articles to follow and outlined hereafter. All services performed under this Agreement shall be performed under the supervision of the Assistant Director for TXDPS, TDEM, represented by the Hazardous Materials Preparedness Officer as the TXDPS Project Officer. 1. AGREEMENT PERIOD This Agreement shall become effective upon the date of final execution by TXDPS and shall be terminate on September 30, 2016, unless terminated in a manner defined herein. By mutual written agreement between TXDPS and the Grantee, this Agreement may be renewed for up to three (3) years in one (1) year terms. 2. SERVICES TO BE PROVIDED BY THE GRANTEE LEPC Subgrantee Monitoring Contract Page 1 of 31 OGC approved11/15/15 City of Corpus Christi, Nueces County LEPC Agreement TXDPS Contract No. 405 -EMD -16-0005 The Grantee shall assist with the collection of data and provide the local match for a Commodity Flow Study to be performed by the Texas Transportation Institute (TTI) to collect, evaluate, and document hazardous materials movements for major roadway, railway, waterway, and pipeline transport corridors in the City of Corpus Christi, Nueces County LEPC jurisdiction. The Grantee shall also provide progress reports and financial reports as outlined in Section 6, Inspection of Work and Progress Reports. TTI shall assist the Grantee with the preparation of these reports. 3. SERVICES TO BE PROVIDED BY TXDPS TXDPS shall: Contract with TTI to perform the Commodity Flow Study referenced herein. TXDPS shall provide planning assistance to the Grantee to ensure that the Grantee shall complete the deliverables listed above in a timely manner. 4. COMPENSATION A. The estimated total approved cost of the project which is the subject of this agreement is: Seventy Thousand Dollars and Zero Cents ($70,000.00) B. The Grantee shall provide a match that equals or exceeds: Fourteen Thousand Dollars and Zero Cents ($14,000.00) C. There are no funds payable to City of Corpus Christi, Nueces County by TXDPS under this Agreement. D. The Grantee shall: Provide proof of the LEPC match for each quarter. (1) The match will be used directly in connection with the approved activities. (2) The match will be from non -Federal funds or in-kind as outlined in (d) below. (3) If the match is from soft funds, such as those included in (4) below, once funds are expended, either the LEPC Chair or Vice Chair shall sign certifying the soft funds match. (4) The soft funds match may include any of the following expenses that are reasonable, allowable, and allocable to the project: a. Salaries, fringe benefits, per diem, housing, or travel expenses incurred by any person other than a government employee while attending training classes or involved in program activities related to this project. b. Private contributions, such as corporate contributions of facilities or services such as LEPC Subgrantee Monitoring Contract Page 2 of 31 OGC approved11115/15 City of Corpus Christi, Nueces County LEPC Agreement TXDPS Contract No. 405 -EMD -16-0005 free classroom space, utilized for this project. c. Voluntary contributions related to this project, such as firefighter support, emergency personnel support, and the staff time of any LEPC member. d. Equipment or facilities used for program related exercises, whether public or private. e. Facility space necessary to conduct activities for the project. f. University students volunteering time to aid in collection of data related to the project. (5) Non -Federal match funds will not be utilized for the match on other programs or grants. E. The Grantee shall furnish all equipment, materials, and supplies required to perform the project. 5. INITIATION OF PROJECT WORK The Grantee will not begin the work outlined herein until final execution of this Agreement by TXDPS. 6. INSPECTION OF WORK AND PROGRESS REPORTING A. The Grantee shall confer with TXDPS on the progress of its work as outlined below. The TXDPS Project Officer has the right to inspect work being performed pursuant to this Agreement in a manner that will not unduly delay the work. The Grantee shall prepare and present such information and data as may be pertinent and necessary or as may be requested by TXDPS in order to evaluate the progress of the work being performed by the Grantee. B. The Grantee's Project Officer shall render required reports to the TXDPS Project Officer, including: (1) Progress reports according to the schedule in Subsection 6.0 below, and in the format outlined in Attachment 3, Quarterly Performance Report. (2) Financial reports according to the schedule in Subsection 6.0 below and in the format outlined in Attachment 4, Cost Match Verification Form, with all required supporting documentation. (3) A final project report, which will summarize the work performed. (4) A final financial report and all remaining invoices for reimbursement, supported by appropriate documentation of expenses, including any remaining LEPC match. (5) A copy of all deliverables derived from this Agreement. C. Progress/Financial/Final Report Schedule: (1) First Report (October — December) due to TXDPS by January 8, 2016 LEPC Subgrantee Monitoring Contract Page 3 of 31 OGC approved11/15/15 City of Corpus Christi, Nueces County LEPC Agreement TXDPS Contract No. 405 -EMD -16-0005 (2) Second Report (January — March) due to TXDPS by April 8, 2016 (3) Third Report (April — June) due to TXDPS by July 8, 2016 (4) Final Report due to TXDPS by October 8, 2016 (See Section 6 B(3) and B(4) above.) Progress reports and the final project report will be submitted by mail, facsimile, or e-mail. Financial reports, with original signature, along with all supporting documentation, will be sent by mail or courier to the designated Project Officer for TXDPS. 7. TERMINATION A. This Agreement may be terminated under any of the following conditions: (1) By mutual agreement and written consent of both parties. (2) By TXDPS upon written notice to the Grantee as a consequence of the Grantee's failure to perform the services herein in a satisfactory manner and within the limits provided, with proper allowances being made for circumstances beyond the control of the Grantee, as determined in good faith and reasonable business judgment by TXDPS. (3) For convenience of TXDPS upon not less than ten (10) days' written notice to the Grantee. (4) By satisfactory completion of all services and obligations described herein. B. Should TXDPS terminate this Agreement as herein provided, no expenses, except those due and payable at the time of termination, will thereafter be paid to the Grantee. Payment for the work at the time of termination will be based upon work completed at that time. C. The termination of this Agreement and payment of any amount in the settlement as prescribed herein will extinguish all rights, duties, obligations, and liabilities of TXDPS and the Grantee under this Agreement. 8. DISPUTES The Grantee shall be responsible for the settlement of all contractual and administrative issues arising out of any procurement made by the Grantee in support of this grant award. Any disputes concerning the work or obligations defined herein or additional costs, or any non -procurement issues will be settled at the sole discretion of TXDPS. 9. INDEMNIFICATION TO THE EXTENT AUTHORIZED BY THE CONSTITUTION AND LAWS OF THE STATE OF TEXAS, THE GRANTEE SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS TXDPS, ITS OFFICERS AND EMPLOYEES FROM ALL THIRD PARTY CLAIMS FOR INJURY TO, OR DEATH OF, PERSONS, AND DAMAGE TO, OR LOSS OF, PHYSICAL PROPERTY DIRECTLY DUE TO ACTIVITIES OF ITSELF, ITS AGENTS, CONTRACTORS, OFFICERS, OR EMPLOYEES, PERFORMED UNDER THIS AGREEMENT AND WHICH RESULT FROM THE LEPC Subgrantee Monitoring Contract Page 4 of 31 OGC approvedll/15/15 City of Corpus Christi, Nueces County LEPC Agreement TXDPS Contract No. 405 -EMD -16-0005 NEGLIGENCE OR WILLFUL MISCONDUCT OF THE GRANTEE OR OF ANY PERSON EMPLOYED BY THE GRANTEE. THE GRANTEE SHALL ALSO DEFEND, INDEMNIFY AND HOLD HARMLESS TXDPS, ITS OFFICERS AND EMPLOYEES FROM ANY AND ALL EXPENSES, INCLUDING ATTORNEY FEES, WHICH MIGHT BE INCURRED BY TXDPS, ITS OFFICERS AND EMPLOYEES AS A RESULT OF SUCH ACTIVITIES BY THE GRANTEE, ITS AGENTS, CONTRACTORS, OFFICERS, AND EMPLOYEES. 10. COMPLIANCE WITH LAWS The Grantee shall comply with all Federal, State, and local laws, statutes, ordinances, rules, regulations, and the orders and decrees of any court, administrative bodies, or tribunals in any manner affecting the performance of this Agreement. 11. ASSURANCES The Grantee assures that no person shall, on the grounds of race, creed, color, handicap, national origin, gender, political affiliation, or belief be excluded from, be denied benefit of, or be subjected to discrimination under any program or activity funded in whole or in part under this Agreement. Incorporated by reference the same as if specifically written herein are rules, regulations, and all other requirements imposed by law, including but not limited to compliance with those pertinent rules and regulations of the State of Texas and those of United States agencies providing funds to the State of Texas. To the extent it applies, the Grantee shall comply with Texas Government Code, Chapter 783, 1 TAC 5.141 et seq., and the Uniform Grant Management Standards, State Uniform Administrative Requirements for Grants and Cooperative Agreements, Section III, Subpart B, § 14 (attached as "Attachment 2"). 12. AUDIT REQUIREMENTS The Grantee shall comply with the requirements specified in the Single Audit Act, 31 U.S.C. §§ 7500 et seq. (Supp.1999) (Public Law 104-156), as applicable. 13. WRITTEN MODIFICATION No modification or amendment to this Agreement will become valid unless in writing and signed by both parties. 14. FALSE OR FRADULENT STATEMENT OF CLAIMS The Program Fraud Civil Remedies found in 49 C.F.R. Part 31 apply to this program. The Grantee acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, or certification to U.S. Department of Transportation (USDOT) in connection with this program, USDOT has the right to pursue and impose on the Grantee civil and criminal penalties. 15. PROVISIONS AND AMENDMENTS The Grantee and its contractors, subcontractors, employees, and representatives shall comply with all applicable provisions of 49 CFR 18, 49 CFR 110, and any amendment(s) to this LEPC Subgrantee Monitoring Contract Page 5 of 31 OGC approvcd11115/15 City of Corpus Christi, Nueces County LEPC Agreement TXDPS Contract No. 405 -EMD -16-0005 Agreement. 16. OTHER The Grantee certifies it is in compliance with Sections 301 and 303 of Emergency Preparedness and Community Right -to -Know Act (EPCRA). The Grantee shall: A. Have a current chemical emergency response plan that: (1) Is reviewed and updated (if needed) at least annually; and (2) Includes the following: a. Affected facilities and transportation routes; b. Emergency notification and response procedures; c. Community and facility emergency coordinators; d. Methods to determine the occurrence and extent of a release; e. Available response equipment and personnel; f. Evacuation plans; g. Training and practice programs and schedules; and h. Methods and schedules for exercising the plan. B. Have an active LEPC whose membership includes (at a minimum): (1) Elected State and local officials; (2) Police, fire, civil defense, and public health professionals; (3) Environment, transportation, and hospital officials; (4) Facility representatives; and (5) Representatives from community groups and the media. 17. PROJECT OFFICERS LEPC Subgrantee Monitoring Contract Page 6 of 31 OGC approved11115115 City of Corpus Christi, Nueces County LEPC Agreement TXDPS Contract No. 405 -EMD -16-0005 The Project Officers for this Agreement are: A. For TXDPS: Name: Ben Patterson Preparedness Section Administrator Texas Division of Emergency Management Texas Department of Public Safety Address: PO Box 4087 Austin, Texas 78773-0220 Telephone: (512) 424-2445 Fax: (512) 424-5354 E-mail: Ben.Patterson@dps.texas.gov B. For the Grantee: Name: Joanne Salge LEPC Administrator Address: 2406 Leopard Street, Suite 300 Corpus Christi, Texas 78408 Telephone: 361-826-3960 Fax: 361-826-4417 E-mail: JoanneS@cctexas.com 18. SIGNATORY AUTHORITY The undersigned signatory for the Grantee hereby represents and warrants that he/she is an officer of the organization for which he/she has executed this Agreement, and that he/she has executed this Agreement, and that he/she has full and complete authority to enter into this Agreement on behalf of the Grantee. LEPC Subgrantee Monitoring Contract Page 7 of 31 OGC approvedll/15/15 City of Corpus Christi, Nueces County LEPC Agreement TXDPS Contract No. 405 -EMD -16-0005 IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate effective the date of the last signature to this Agreement. FOR THE TXDPS Texas Department of Public Safety Texas Division of Emergency Management Nam of Agency BY: BY: uthonzed Signature Robert J. Bodisch Sr. Printed Name FOR THE GRANTEE City of Corpus Christi, Nueces County LEPC Name of Jurisdiction Authorized Signature Komi IA. L, N5on Printed Name Deputy Director Homeland Security and Services 0. .1 it iff he4,1 Q( -Z Title Title --� /Z Z/• /S1 Date Date LEPC Subgrantee Monitoring Contract Page 8 of 31 OGC approved11/15/15 City of Corpus Christi, Nueces County LEPC Agreement TXDPS Contract No. 405 -EMD -16-0005 APPENDIX A COMBINED ASSURANCES The Grantee shall refer to the regulations cited below to determine the certification to which it is required to attest. Signatures on this form provide for compliance with Federal certification requirements, including those under 34 CFR Part 84, "New Restrictions for Drug -Free Workplace (Grants)." The certifications will be treated as material representations of fact upon which reliance will be placed when the Agency determines to award the covered transaction, grant, or cooperative agreement. 1. RESTRICTIONS ON LOBBYING The Grantee will not conduct political lobbying, as defined in the statues, regulations and 2 CFR 225 — "Lobbying", within the Federally -supported project. The Grantee will not use Federal funds for lobbying specifically to obtain grants and cooperative agreements. The Grantee shall comply with 49 CFR 20, U.S. Department of Transportation "New Restrictions on Lobbying". 49 CFR 20 is incorporated by reference into this Agreement. 49 CFR 20 is available at: www.dot.gov/ost/m60/orant/reas.htm. 2. GOVERNMENTWIDE DEBARMENT AND SUSPENSION (Non -procurement) The Grantee shall comply with the provisions of Executive Order 12549, "Debarment and Suspension," which generally prohibits entities that have been debarred, suspended, or voluntarily excluded from participating in Federal non -procurement transactions either through primary or lower -tier covered transactions. The Grantee shall comply with 2 CFR Part 1200, Department of Transportation Non -procurement Suspension Debarment. The Grantee is encouraged to subscribe to and utilize the Monthly Lists of Parties Excluded from Federal Procurement or Non -procurement Programs published by GSA and found at: www.epls.gov. 2 CFR 1200 is incorporated by reference into this Agreement. 2 CFR 1200 is available at www.apoaccess by clicking on 2 CFR Part 1200. 3. DRUG-FREE WORKPLACE The Grantee shall comply with the provisions of Public Law 100-690, Title V, Subtitle D, "Drug -Free Workplace Act of 1988," which requires the Grantee to take steps to provide a drug-free workplace. The Grantee shall comply with 49 CFR 32, "Government -wide Requirements for Drug Free Workplace (Financial Assistance)." 49 CFR 32 is incorporated by reference into this Agreement. 49 CFR 32 is available at: www.dot.qov/ost/m60/grant/ord4600.htm. LEPC Subgrantee Monitoring Contract Page 9 of 31 UGC appravedll/15115 City of Corpus Christi, Nueces County LEPC Agreement TXDPS Contract No, 405 -EMD -16-0005 The Grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: PLACE OF PERFORMANCE (Street Address, City, County, State, Zip Code) (Street Address) As the duly authorized representative of the with the above certifications. City of Corpus Christi. Nueces County LEPC (Name of Grantee) (City, County, State, Zip Code) Grantee, I hereby certify that the Grantee will comply Rona \A. L. Olson, (!, 1'Y}aura cern (Printed Name and Title of AuthoFed Official-) (Signature of Authorized Official) (Date) LEPC Subgrantee Monitoring Contract Page 10 of 31 OGC approved11/15/15 City of Corpus Christi, Nueces County LEPC Agreement TXDPS Contract No. 405 -EMD -16-0005 APPENDIX B ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 DEPARTMENT OF TRANSPORTATION City of Corpus Christi, Nueces County, hereinafter referred to as the" Grantee, hereby agrees that as a condition to receiving any Federal financial assistance from the Department of Transportation through TXDPS, it shall comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the Act) and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the Regulations) and other pertinent directives, to the end that in accordance with the Act, Regulations, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Grantee receives Federal financial assistance from the Department of Transportation through TXDPS, and hereby gives assurance that it will promptly take any measures necessary to effectuate this Agreement. This assurance is required by subsection 21.7(a)(1) of the Regulations. More specifically and without limiting the above general assurance, the Grantee hereby gives the following specific assurance with respect to the project: 1. That the Grantee shall operate each "program" and each "facility" as defined in subsections 21.23(e) and 21.23(b) of the Regulations, in compliance with all requirements imposed by, or pursuant to, the Regulations. 2. That the Grantee shall insert the following notification in all solicitations for bids for work or material subject to the Regulations and, in adapted form in all proposals for negotiated agreements: The Grantee, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-4 and Title 49 Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it shall affirmatively insure that in regard to any contract entered into pursuant to this advertisement, minority business enterprises shall be afforded full opportunity to submit bids in response to this invitation and shall not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award. 3. That the Grantee shall insert the clauses of Appendix C of this Agreement in every contract subject to the Act and the Regulations. 4. That this assurance obligates the Grantee for the period during which Federal financial assistance is extended to the project. 5. The Grantee shall provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he delegates specific authority to give reasonable guarantee that it, other recipients, subgrantees, contractors, transferees, successors in interest, and other participants of Federal financial assistance under such program shall LEPC Subgrantee Monitoring Contract Page 11 of 31 OGC approvedll/15115 City of Corpus Christi, Nueces County LEPC Agreement TXDPS Contract No. 405 -EMD -16-0005 comply with all requirements imposed or pursuant to the Act, the Regulations, and this assurance. 6. The Grantee shall comply with all provisions of Executive Order No. 11246 (September 24, 1965), the rules, regulations, and relevant Orders of the Secretary of Labor, Appendix A — E and Attachments 1 and 2. 7. The Grantee agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, and Regulations, and this assurance. This assurance is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts, or other Federal financial assistance extended after the date hereof to the Grantee by the Department of Transportation and is binding on it, other recipients, subgrantees, Contractors, subcontractors, transferees, successors in interest, and other participants in the Department of Transportation Program. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Grantee. City of Corpus Christi, Nueces County LEPC (Name of Grantee) T)0nct i n,CO- VII( rvi tar (Printed Name and Title of Authorized Official (Signature of Authorized Official) (Date) LEPC Subgrantee Monitoring Contract Page 12 of 31 OGC approvcd11.115/15 City of Corpus Christi, Nueces County LEPC Agreement TXDPS Contract No. 405 -EMD -16-0005 APPENDIX C ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 DEPARTMENT OF TRANSPORTATION During the performance of this Agreement, the Grantee, for itself, its assignees and successors in interest (hereinafter referred to as the "Grantee") agrees: 1. Compliance with Regulations: The Grantee shall comply with the Regulations relative to nondiscrimination in Federally -assisted programs of the Department of Transportation (USDOT) Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. 2. Nondiscrimination: The Grantee, with regard to the work performed by it during the agreement, will not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subgrantees, including procurements of materials and leases of equipment. The Grantee will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. 3. Solicitation for Subgrantees, including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Grantee for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subgrantee or supplier shall be notified by the Grantee of the Grantee's obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The Grantee shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by TXDPS or the Pipeline and Hazardous Materials Safety Administration (PHMSA) to be pertinent to ascertain compliance with such regulations, orders and instructions. Where any information required of a Grantee is in the exclusive possession of another who fails or refuses to furnish this information the Grantee shall so certify to the Grantee, TXDPS, or PHMSA and shall set forth what efforts it has made to obtain the information. (a) Sanctions for Noncompliance: In the event of the Grantee's noncompliance with nondiscrimination provisions of this Agreement, the Grantee shall impose contract sanctions as it, TXDPS or PHMSA may determine to be appropriate, including, but not limited to withholding of payments to the Contractor under this Agreement until the Contractor complies; and/or (b) Cancellation, termination, or suspension of this Agreement, in whole or in part. 5. Incorporation of Provisions: The Grantee shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Grantee shall take such action with respect to any subcontract or procurements as TXDPS or PHMSA may direct as a means of enforcing such provisions including sanctions for noncompliance: provided, however, that in the event a Grantee becomes involved in, or is threatened with, litigation with a subcontract or supplier as a result of such direction, the Grantee may request TXDPS to enter into such litigation to protect the interests of the LEPC Subgrantee Monitoring Contract Page 13 of 31 OGC approvedll/15/15 City of Corpus Christi, Nueces County LEPC Agreement TXDPS Contract No. 405 -EMD -16-0005 Grantee and, in addition the Grantee may request the United States to enter into such litigation to protect the interest of the United States. City of Corpus Christi, Nueces County LEPC (Name of Grantee) ona id 1 C. Ison Ci ���n� ,11j00 (Printed Name and Title of Authored Official (Signature of Authorized Official) (Date) LEPC Subgrantee Monitoring Contract Page 14 of 31 OGC approvedll/15115 City of Corpus Christi, Nueces County LEPC Agreement TXDPS Contract No. 405 -EMD -16-0005 APPENDIX D ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 DEPARTMENT OF TRANSPORTATION The following clauses will be included in all deeds, licenses, leases, permits, or similar instruments entered into by the Grantee. The Grantee as a part of the consideration hereof, does hereby covenant and agree that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this [deed, license, lease permit] for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the Grantee shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination of Federally -Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. That in the event of breach of the above nondiscrimination covenants, the Grantee shall have the right to terminate [license, lease, permit] and to re-enter and repossess said land and the facilities thereon, and hold the same as if said [license, lease, permit] had never been made or issued. That in the event of breach of any of the above nondiscrimination covenants, the Grantee shall have the right to re-enter said lands and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of the Grantee and its assigns. The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by the Grantee. The Grantee, does hereby covenant and agree that (1) no person on the grounds of race, color, sex, or national origin shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing services thereon, no person on the grounds of race, color, sex, or national origin shall be excluded from the participation in, be denied the benefits of, or be otherwise subjected to discrimination, and (3) that the Grantee shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. That in the event of breach of any of the above nondiscrimination covenants, the Grantee shall have the right to terminate the [license, lease, permit] and to re-enter and repossess said land and the facilities thereon, and hold the same as if said [license, lease, permit] had never been made or issued. That in the event of breach of any of the above nondiscrimination covenants, the Grantee has the right to re-enter said land and facilities thereon, and the above-described lands and facilities shall thereupon revert to and vest in and become the absolute property of the Grantee. Reverted clause and related language is to be used only when it is determined that such a clause is necessary in order to effectuate the purpose of Title VI of the Civil Rights Act of 1964. LEPC Subgrantee Monitoring Contract Page 15 of 31 OGC approvedll/15/15 City of Corpus Christi, Nueces County LEPC (Name of Grantee) City of Corpus Christi, Nueces County LEPC Agreement TXDPS Contract No. 405 -EMD -16-0005 Ron c_ia L. f)isnnh1 teP (Printed Name and Title of Authorized Official) (Signature of Authorized Official) (Date) LEPC Subgrantee Monitoring Contract Page 16 of 31 OGC approvedll/15115 City of Corpus Christi, Nueces County LEPC Agreement TXDPS Contract No. 405 -EMD -16-0005 APPENDIX E ASSURANCES - NON -CONSTRUCTION PROGRAMS NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the TXDPS Project Officer listed within this Agreement. As the duly authorized representative of the Grantee, I certify that the Grantee: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project cost) to ensure proper planning, management, and completion of the project described in this application. 2. Shall give the USDOT, the Comptroller General of the United States and, if appropriate, TXDPS, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and shall establish a proper accounting system in accordance with generally -accepted accounting standards or agency directives. 3. Shall establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. 4. Shall initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Shall comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Shall comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title Vil of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; (1) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. LEPC Subgrantee Monitoring Contract Page 17 of 31 OGC approvedll/15/15 City of Corpus Christi, Nueces County LEPC Agreement TXDPS Contract No. 405 -EMD -16-0005 7. Shall comply, or has already complied, with the requirements of Titles II and 111 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91- 646), which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Shall comply, if applicable, with provisions of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Shall comply, if applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§ 276a to 276a-7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. § 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for Federally -assisted construction sub -agreements. 10. Shall comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234), which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is ten thousand dollars ($10,000.00) or more. 11. Shall comply with environmental standards, which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P. L. 91-190) and Executive Order 11514; (b) notification of violating facilities pursuant to Executive Order 11738; (c) protection of wetlands pursuant to Executive Order 11990; (d) evaluation of flood hazards in floodplains in accordance with Executive Order 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§ 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 12. Shall comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Shall assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§ 469a-1 et seq.). 14. Shall comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Shall comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§ 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. LEPC Subgrantee Monitoring Contract Page 18 of 31 OGC approved11/15/15 City of Corpus Christi, Nueces County LEPC Agreement TXDPS Contract No. 405 -EMD -16-0005 16. Shall comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.), which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17. Shall cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations." 18. Shall comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. City of Corpus Christi, Nueces County LEPC Ronald L.Otson, e,,b mffna jcek (Name of Grantee) (Printed Name and Title of Authorized Official) (Signature of Authorized Official) (Date) LEPC Subgrantee Monitoring Contract Page 19 of 31 OGC approved11115115 City of Corpus Christi, Nueces County LEPC Agreement TXDPS Contract No. 405 -EMD -16-0005 ATTACHMENT 1 General Terms and Conditions The "Grantee" shall comply with the conditions applicable to this Agreement as set forth in this document. 1 ACCOMPLISHMENT OF THE AGREEMENT. 1.1 General Requirements. The Grantee shall commence, carry out, and complete this Agreement with all practicable dispatch, in a sound, economical, and efficient manner, and in accordance with the terms of this document and all applicable laws, regulations, project or program schedules, and applicable U.S. Department of Transportation (USDOT) or Receiving Agency published policies. The terms of 49 CFR Part 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," apply to this Agreement. 1.2 Compliance with Federal, State, and Local Law. In performing its obligations under this Agreement, the Grantee shall comply with all applicable provisions of Federal, State, and local laws, regulations, and USDOT directives. The Grantee understands and agrees that Federal laws, regulations, policies, and related administrative practices in force and made applicable to this Agreement on the date of execution may be modified, and that the most recent of such provisions shall govern administration of this Agreement, except if there is sufficient evidence in the Agreement of a contrary intent. Likewise, new Federal laws, regulations, policies, and administrative practices that are established after the date of execution may be applied to this Agreement. All limits or standards set forth in this Agreement are minimum requirements. If there is a conflict between Federal and State or local requirements, the Grantee shall inform TXDPS in order that an appropriate resolution may be arranged. 1.3 Cost Principles. The Grantee shall use program funds only for expenditures incurred for approved activities in accordance with the Agreement Instructions, and the cost principles of OMB Circular A-87, Revised, which are incorporated by reference in 49 CFR Part 18. 2 DELIVERABLES. Published Materials. If the Grantee publishes materials that have been prepared with grant funds, the Grantee shall provide TXDPS and USDOT reprints of the publication at no cost to TXDPS and USDOT. The Grantee shall acknowledge any publication based on work supported by this Agreement essentially as follows: "Publication of material was supported by the U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration, Grant No. HMETX7014150. " 3 COPYRIGHTABLE WORK. If this Agreement results in a book or other copyrightable work, the Grantee or author may copyright the work, provided that the Grantee or author provides TXDPS and USDOT a royalty -free, nonexclusive and irrevocable license to reproduce, publish, or otherwise use the work, and to authorized others to do so, as set forth in Section 8 below. 4 CHANGED CONDITIONS OF PERFORMANCE (Including Litigation). The Grantee shall immediately notify the TXDPS and USDOT of any change in local law, conditions, or any other event, including any litigation challenging the validity of or seeking interpretation of any Federal law or regulation applicable to the Federal Hazardous Materials Transportation Program, which may significantly affect the Grantee's ability to perform the program in accordance with the terms of this Agreement. In addition, the Grantee shall immediately notify the TXDPS of any decision pertaining to the Grantee's conduct of litigation that may affect TXDPS interests in the program or TXDPS LEPC Subgrantee Monitoring Contract Page 20 of 31 OGC approved11115115 City of Corpus Christi, Nueces County LEPC Agreement TXDPS Contract No. 405 -EMD -16-0005 administration or enforcement of applicable Federal laws or regulations. Before the Grantee joins (as a third party) in litigation that affects TXDPS or USDOT interests in the program, or TXDPS or USDOT Administration or enforcement of applicable Federal laws or regulations, the Grantee shall first inform TXDPS and USDOT. 5 ACCOUNTING RECORDS. 5.1 Funds Received or Made Available for the Agreement. Allowable Costs. TXDPS shall reimburse as allowable costs expenditures made by the Grantee to the extent that they meet all of the following requirements. Expenditures will: 5.1.1 Be made in conformance with the program budget and all other provisions of this Agreement; 5.1.2 Be necessary to accomplish the program objectives; 5.1.3 Be reasonable in amount for the goods or services purchased; 5.1.4 Be actual net costs to the Grantee (i.e., price paid minus any refunds, rebates, or other value received by the Grantee that have the effect of reducing the cost actually incurred, excluding program income as defined in OMB Circular A-87, Revised); 6.1.5 Be incurred (and be for work performed) after the date of this Agreement, unless specific authorization from TXDPS to the contrary is received; 5.1.6 Be in conformance with the standards for allowability of costs set forth in OMB Circular A-87, Revised; 6.1.7 Be satisfactorily documented; and 5.1.8 Be treated uniformly and consistently under accounting principles and procedures approved or prescribed by TXDPS. 5.2 Audit and Inspection. 5.2.1 The Grantee shall permit TXDPS, State Auditor's Office, Secretary and the Comptroller General of the United States, PHMSA, or any of their duly authorized representatives to inspect all work, materials, payrolls, and other data and records that pertain to the program, and to audit the books, records, and accounts of the Grantee that pertain to this Agreement. 5.2.2 The Grantee shall meet the audit requirements of OMB Circular A-133, or any revision or supplement to the circular. 6.2.3 Closeout of this Agreement will not alter the Grantee's audit responsibilities. 6 EQUAL EMPLOYMENT OPPORTUNITY 6.1 The Grantee shall take steps to ensure that applicants are employed, and that LEPC Subgrantee Monitoring Contract Page 21 of 31 OGC approvedll/15/15 City of Corpus Christi, Nueces County LEPC Agreement TXDPS Contract No. 405 -EMD -16-0005 employees are treated during employment, without regard to their race, color, age, creed, sex, or national origin. There shall be no discrimination in actions such as employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 6.2 The Grantee shall post, in conspicuous places available to employees, applications for employment; names of students, fellows and recipients of scholarships, fellowships and assistantships; and notices setting forth the provisions of this Equal Opportunity clause. 6.3 The Grantee shall send to each labor union or representative of workers with which it has a collective bargaining or other agreement or understanding, a notice, advising the labor union or workers' representative of the Grantee's commitments under this Equal Opportunity clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 7 PATENT RIGHTS. 7.1 The patent rights clause of Attachment A of OMB Circular No. A-124, (implementing the Patent and Trademark Amendments of 1980, 35 D.S.C. § 200 et. seq.) and any subsequent amendments will apply, when the purpose is to perform experimental, development, or research work. 7.2 The Grantee shall notify TXDPS promptly if any patentable invention(s) (Le., processes, compositions of matter, or items thought to be new) is produced in the course of work done under this Agreement. Except as stated in 37 CFR 401.3(a), the Grantee is given the right to retain title to any patents issued for work performed under this Agreement. 8 COPYRIGHTS. 8.1 Except as otherwise provided in the terms and conditions of this Agreement, the author or the Grantee shall copyright any books, publications, or other copyrightable materials developed in the course of or under this Agreement. However, the TXDPS and USDOT reserve a royalty -free, nonexclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use the work for TXDPS or Federal Government purposes. 8.2 The Grantee will not incorporate material copyrighted by others into any work product delivered under this Agreement unless it has acquired for the TXDPS and USDOT a royalty -free, nonexclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use the work for Government purposes. 8.3 The Grantee shall arrange for publication of initial reports of original research, supported in whole or in part by Agreement funds, in primary scientific journals and copyright by the journal unless the journal's copyright policy would preclude individuals from making or having made by any means available to them (without regard to the copyright of the journal and without royalty) a single copy of any such article for their own use. 9 RIGHTS IN DATA. 9.1 The term "subject data" as used in this Agreement means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under this Agreement. The term includes graphic or pictorial delineations in media, such as: drawings or photographs; audio- visual recordings; such as films and videotapes; text in specifications or related performance or LEPC Subgrantee Monitoring Contract Page 22 of 31 OGC approvedl 1./15/15 City of Corpus Christi, Nueces County LEPC Agreement TXDPS Contract No. 405 -EMD -16-0005 design -type documents; machine forms such as punched cards, magnetic tape, or computer memory printouts; and information retained in computer memory. 9.1.1 Examples of "subject data" include, but are not limited to: engineering drawings and associated lists; specifications; standards; process sheets; manuals; technical reports; catalog item identifications; and related information. 9.1.2 The term does not include financial reports, costs analyses, and similar information incidental to program administration. 9.2 With respect to all subject data first produced in the performance of this Agreement, TXDPS and USDOT reserve a royalty -free, nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for TXDPS and Federal government purposes: 9.2.1 Any work developed under this Agreement, irrespective of whether or not a copyright has been obtained; and 9.2.2 Any rights of copyright to which the Grantee purchases ownership with USDOT assistance. 9.3 When USDOT provides assistance to TXDPS for a program involving emergency planning and training, it is USDOTs intent to increase the body of transportation knowledge, rather than to limit the benefit of the program to the parties to the Agreement. Therefore, TXDPS and the Grantee that have received assistance to support research, financed under the Federal Hazardous Material Transportation Law (49 U. S. C. Section 5101 et. seq.), understand and agree that, in addition to the rights set forth in Subsection 10.2 of this Agreement, USDOT may make available to any USDOT Grantee, subgrantee, subrecipient, third -party Contractor, or third -party subcontractor, either USDOT's license in the copyright to the "subject data" derived under this Agreement or a copy of the "subject data" first produced under this Agreement. 9.4 Nothing contained in this clause implies a License to USDOT under any patent or can be construed as affecting the scope of any license or other right otherwise granted to USDOT under any patent. 9.5 Subsections 9.2 through 9.3 of this document are not applicable to material furnished to the Grantee, via TXDPS, by USDOT and incorporated in the work furnished under the Agreement, provided that the Grantee identifies the incorporated material when the work is delivered. 9.6 If the program, which is the subject of this Agreement, is not completed, for any reason whatsoever, all data developed under that program becomes subject data as defined in Subsection 9.1 of this Agreement and will be delivered as TXDPS or USDOT may direct. 9.7 The requirements of Subsections 9.1 through 9.6 of this document will be included in all subcontracts, third party contracts of the Grantee under this program. 9.8 Collection of Data. The Grantee will not represent that information is being collected for, or in association with, the Federal government unless the HMEP Program Manager for TXDPS and the Authorizing Official from the U.S. USDOT have given prior approval and OMB clearance procedures contained in 5 CFR 1320 have been followed where required. LEPC Subgrantee Monitoring Contract Page 23 of 31 OGC approvedll/15115 City of Corpus Christi, Nueces County LEPC Agreement TXDPS Contract No. 405 -EMD -16-0005 9.9 Rights in Technical Data to intangible property under this Agreement are governed in accordance with 49 CFR 18.34, "Copyrights." 10 PRIVACY. Should TXDPS, or the Grantee, or their employees administer any system of records on behalf of USDOT, the Privacy Act of 1974, 5 U.S.C. § 552a (the Act), imposes information requirements on the party administering the system of records. 10.1 When the Agreement involves the operation of a system of records on individuals to accomplish a USDOT function, TXDPS and the Grantee, and their employees involved in the function are considered, for purposes of the Privacy Act, to be USDOT employees with respect to the USDOT function. The requirements of the Act, including the civil and criminal penalties for violations of the Act, apply to those individuals involved. Failure to comply with the Privacy Act or this Section 11 subjects this Agreement to termination. 10.2 Definitions. As used in Section 11: 10.2.1 "Operation of a system of records" means performance of any of the activities associated with maintaining the system of records on behalf of USDOT including the collection, use and dissemination of records. 10.2.2 "Records" means any item, collection, or grouping of information about an individual that is maintained by the Grantee or TXDPS on behalf of USDOT including, but not limited to, his or her education, financial transactions, medical history, and criminal or employment history and that contains his or her name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph. 10.2.3 "System of records" on individuals means a group of any records under the control of TXDPS or the Grantee on behalf of USDOT from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. 10.3 The Grantee shall: 10.3.1 Comply with the provisions of the Privacy Act of 1974, 5 U.S.C. § 552a, and implement regulations when performance under the program involves the design, development, or operation of any system of records on individuals to be operated by the Grantee, its subcontractors, or their employees to accomplish a USDOT function; 10.3.2 Notify USDOT when the Grantee, its subcontractors, or their employees anticipate operating a system of records on behalf of USDOT in order to implement the program, if such system contains information about an individual's name or other identifier assigned to the individual. The Grantee will not use a system of records subject to the Act in performing this Agreement until the necessary and applicable approval and publication requirements have been met. The Grantee, its subcontractors, and their employees shall correct, maintain, disseminate, and use such records in accordance with the terms of the Act, and to comply with all applicable terms of the Act; LEPC Subgrantee Monitoring Contract Page 24 of 31 OGC approvedll/15115 City of Corpus Christi, Nueces County LEPC Agreement TXDPS Contract No. 405 -EMD -16-0005 10.3.3 Include in every solicitation and in every third -party agreement, when the performance of work under that proposed third -party agreement may involve the design, development, or operation of a system of records on individuals to be operated under that third -party agreement or to accomplish a USDOT function, a Privacy Act notification informing the third -party subcontractors that it shall be required to design, develop, or operate a system of records on individuals to accomplish a USDOT function subject to the Privacy Act of 1974, 5 U.S.C. § 552a, and applicable DOT regulations, and that a violation of the Act may involve the imposition of criminal penalties; and 10.3.4 Include the text of Subsections 11.3.1 through 11.3.3 in all third -party agreements, which work for this Agreement is performed or which is awarded pursuant to this Agreement or which may involve the design, development, or operation of such a system of records on behalf of USDOT. 11 RECORDS. 11.1 The Grantee shall maintain records for this Agreement to comply with 49 CFR § 18.42. Section 18.42 provides that the Grantee shall retain financial records, supporting documents, statistical records, records for non -expendable property, and all other records pertinent to this Agreement for three (3) years from the date of completion of the Agreement. 11.2 Records associated with any litigation, claim or audit started before the expiration of the 3 -year period, will be retained until all litigation, claims or audit findings involving the records have been resolved. 12 TRAVEL. Any travel necessary to carry out the objectives of this Agreement will use the most economical form of transportation available. All travel will be scheduled sufficiently in advance, to the extent practicable, to take advantage of offered discount rates. Travel and per diem authorized under this Agreement will be incurred in accordance with the Government Travel Regulations currently in effect. Current per diem rates are listed at: http://www.gsa.gov/perdiem. 13 TITLE TO EQUIPMENT. Title to equipment purchased or fabricated under this grant vests in the Grantee, respectively, except USDOT reserves the right to require the Grantee to transfer title to item of equipment to the Federal government or a third party named by USDOT, when such a third party is otherwise eligible under existing statutes. Such transfers are subject to the standards contained in 49 CFR 18.32. 14 SITE VISITS. PHMSA, through its authorized representatives, may make site visits, at reasonable times; to review project accomplishments and management control systems, and provide guidance as may be requested or required. If a site visit is made on the premises of the Grantee, subcontractor, or third party under this Grant, the Grantee shall provide and require all subrecipients, subcontractors, or other third parties to provide reasonable facilities and assistance to PHMSA representatives in the performance of their duties. All site visits and evaluations will be performed in a manner to not unduly delay work activity under the Grant. LEPC Subgrantee Monitoring Contract Page 25 of 31 OGC approvedll/15/15 City of Corpus Christi, Nueces County LEPC Agreement TXDPS Contract No. 405 -EMD -16-0005 ATTACHMENT 2 State of Texas Assurances SCOPE. In addition to Federal requirements, State law requires a number of assurances from applicants for Federal pass-through or other State -appropriated funds. The following is an attempt to list the major State assurances. Generally not all of these assurances shall be required for any one (1) grant. However, it is the Grantee's responsibility to ensure that all assurances required by the awarding agency are submitted. The legal instrument for awarding State funds will be consistent with the standards prescribed herein; however, these standard conditions or assurances may be incorporated into contracts or grant agreements by reference rather than by being reproduced in their entirety. 1. RELATIVES. The Grantee shall comply with Texas Government Code, Chapter 573, by ensuring that no officer, employee, or member of the applicant's governing body or of the applicant's contractor shall vote or confirm the employment of any person related within the second (2`d) degree of affinity or the third (3`d) degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person, who shall have been continuously employed for a period of two (2) years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. 2. PUBLIC INFORMATION. The Grantee shall insure that all information collected, assembled, or maintained by the applicant relative to a project will be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, unless otherwise expressly prohibited by law. 3. OPEN MEETINGS. The Grantee shall comply with Texas Government Code, Chapter 551, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. 4. CHILD SUPPORT PAYMENTS. The Grantee shall comply with Section 231.006, Texas Family Code, which prohibits payments to a person who is in arrears on child support payments. 5. HEALTH, HUMAN SERVICES, PUBLIC SAFETY, OR LAW ENFORCEMENT AGENCY. If the Grantee is a health, human services, public safety, or law enforcement agency, it will not contract with or issue a license, certificate, or permit to the owner, operator, or administrator of a facility if the license, permit, or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. 6. LAW ENFORCEMENT AGENCY. If the Grantee is a law enforcement agency regulated by Texas Occupations Code, Chapter 1701, it shall be in compliance with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 1701, Texas Occupations Code or shall provide the grantor agency with a certification from the Texas Commission on Law Enforcement Officer Standards and Education that the agency is in the process of achieving compliance with such rules. 7. ADMINISTRATION. When incorporated into a grant award or contract, standard assurances contained in the application package become terms or conditions for receipt of grant funds. Administering state agencies and local subrecipients shall maintain an appropriate contract administration system to insure that all terms, conditions, and specifications are met. (See Uniform LEPC Subgrantee Monitoring Contract Page 26 of 31 OGC approvedll/15/15 City of Corpus Christi, Nueces County LEPC Agreement TXDPS Contract No. 405»EMD-16-0005 Grant Management Standards, Part III, Subpart C, Post Award Requirements -Financial Administration, Procurement_.36 for additional guidance on contract provisions). 8. SUSPECTED CHILD ABUSE. The Grantee shall comply with the Texas Family Code, Section 261.101, which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. The Grantees shall also ensure that all program personnel are properly trained and aware of this requirement. 9. LABOR STANDARDS. The Grantees shall comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§ 276a to 276a-7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. § 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for Federally -assisted construction sub agreements. 10. DISPLACED PERSONS. The Grantees shall comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646), which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 11. LABOR FAIR STANDARDS ACT. The Grantees shall comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable. 12. SMOKING PROHIBITION. The Grantees shall comply with Public Law 103-277, also known as the Pro -Children Act of 1994 (Act), which prohibits smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act. 13. TAXES. The Grantees shall comply with all Federal tax laws and are solely responsible for filing all required State and Federal tax forms. 14. COMPLIANCE WITH REQUIREMENTS. The Grantees shall comply with all applicable requirements of all other Federal and State laws, executive orders, regulations, and policies governing this program. 15. INELIGIBLE APPLICANTS. The applicant certifies that it and its principals are eligible to participate and have not been subjected to suspension, debarment, or similar ineligibility determined by any Federal, State, or local governmental entity and it is not listed on a State or Federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for Federal procurement are listed at http://www.epls.aov. 16. HIV/AIDS. The Grantees shall adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seg. City of Corpus Christi, Nueces County LEPC on 1 d L n @, lMa.,najaiz., (Name of LEPC Grant Recipient) (Printed Name and Title of Authorized Official) (Signature of Authorized Official) (Date) LEPC Subgrantee Monitoring Contract Page 27 of 31 OGC approvedll/15/15 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of February 9, 2016 Second Reading Ordinance for the City Council Meeting of February 16, 2016 DATE: TO: FROM: December 11, 2015 Ronald L. Olson, City Manager Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Appropriating $8,593.79 received from the Texas Municipal League Intergovernmental Risk Pool to repair Medic Unit 3. CAPTION: Ordinance appropriating $8,593.79 received from the Texas Municipal League Intergovernmental Risk Pool into the General Fund No. 1020 to repair Medic Unit 3; and changing the FY 2015-16 Operating Budget adopted by Ordinance No. 030620 by increasing revenue and expenditures in the General Fund No. 1020 by $8,593.79. PURPOSE: The Fire Department has received a reimbursement check in the amount of $8,593.79 from the Texas Municipal League Intergovernmental Risk Pool Joint Self Insurance . The check is for damages received to Medic Unit 3 during a traffic accident on November 2, 2015. The check was deposited into the General Fund revenue account 1020-343300-888. We are now requesting the $8,593.70 be appropriated into the Fire Department Vehicle Repairs 530100 - 1020-12050. The funds will be used to repair Medic Unit 3. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of ordinance to appropriate funds. EMERGENCY / NON -EMERGENCY: Staff is requesting a non -emergency reading to this routine, non -controversial item. DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: X Operating X 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 $8,593.79 $8,593.79 BALANCE $8,593.79 $8,593.79 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of this ordinance to appropriate $8,593.79 to repair Medic Unit 13. LIST OF SUPPORTING DOCUMENTS: 1) Ordinance Ordinance Appropriating $8,593.79 received from the Texas Municipal League Intergovernmental Risk Pool into the General Fund No. 1020 to repair Medic Unit 3; and changing the FY 2015-16 Operating Budget adopted by Ordinance No. 030620 by increasing revenue and expenditures in the General Fund No. 1020 by $8,593.79. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $8,593.79 from the Texas Municipal League Intergovernmental Risk Pool is appropriated in the General Fund No. 1020 to repair Medic Unit 3. SECTION 2. That the FY 2015-2016 Operating Budget adopted by Ordinance 030260 is changed to increase revenues and expenditures by $8,593.79 in the General Fund No. 1020. 1 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 2 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of February 9, 2016 Second Reading Ordinance for the City Council Meeting of February 16, 2016 DATE: TO: FROM: 1/28/2016 Ronald L. Olson, City Manager E. Jay Ellington, Director, Parks and Recreation Department JayEll@cctexas.com, 361-826-3464 Senior Companion Program (SCP) Additional VSY grant award for FY15-16 CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $60,060 grant awarded by the Corporation for National and Community Service; appropriating the $60,060 grant in the No. 1067 Parks and Recreation Grants Fund. PURPOSE: Appropriation of grant funding to allow for the expansion of the Senior Companion Program (SCP). BACKGROUND AND FINDINGS: The City of Corpus Christi receives funding for the Senior Companion Program through Federal, State and matching funds. The Federal Grant (made available through the Corporation for National and Community Services) has been $264,007 for many years, and funds 55 VSY's. A VSY' is an individual providing 1,044 hours of service per year. During this past year, other SCP programs in the State of Texas were forced to relinquish their federal funding for various reasons. Due to these relinquishments, $60,060 was made available for Senior Companion Programs, in good standing with their current federal grant, to apply for these additional funds through a competitive grant process. The City of Corpus Christi Senor Companion Program applied and was awarded an amount to add 13 VSY's. With this funding new senior companions will serve additional seniors who are in need of services. Focus areas will be, but not limited to, the Flour Bluff area and veterans, which are both currently underserved. The Senior Companion Program (SCP) allows low-income volunteers 55 years and over who are willing to become a Senior Companion serve homebound elderly and/or disabled persons 21 years of age or older and their caregivers. ALTERNATIVES: Reject the grant award, which will not allow us to increase the amount of direct services to our community. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council authorization is required to accept and appropriate Federal grant funds. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal, Finance, Budget FINANCIAL IMPACT: ❑ Operating x Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $ 60,060 $60.060 Encumbered/ Expended Amount This item $ 60,060 $60,060 BALANCE $ 60,060 $60,060 Fund(s): Parks and Recreation Grant Fund Comments: Federal grant for FY15-16. RECOMMENDATION: Staff recommends acceptance of the grant from the Corporation for National and community Services for the expansion of the Senior Companion Program. LIST OF SUPPORTING DOCUMENTS: Ordinance Notification of Funds Available Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant awarded by the Corporation for National and Community Service in the amount of $60,060 for the Senior Companion Program; appropriating the $60,060 grant in the No. 1067 Parks and Recreation Grants Fund for the Senior Companion Program 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 all documents necessary to accept a grant awarded by the Corporation for National and Community Service in the amount of $60,060 for the Senior Companion Program. SECTION 2. That $60,060 is appropriated in the No. 1067 Parks and Recreation Grants Fund to continue the Senior Companion Program. Attest: 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 , 2016, 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 , 2016, 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 , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Corporettion J��r NATIONAL COMMUNIT SERVICE= June 15, 2015 Becky Perrin City of Corpus Christi P 0 Box 9297 Corpus Christi, TX 78469 Dear Ms. Perrin: We are pleased to inform you that the Senior Companion Program (SCP) sponsored by City of Corpus Christi has been selected to receive an award under the recent competition held for SCP grantees. You have been approved for an additional $60,060 in funds for the current budget year of your three-year grant, making your total grant for the current budget year $324,067. The funds will be awarded effective 7/1/2015 for a 12 -month period ending 6/30/16. In order to process this increase in funding, we need you to amend and submit your current grant as soon as possible and no later than Monday, June 22. We have created an amendment for you in eGrants. Here are the steps for completing the amendment: Program director should log into eGrants — 1. Under My Grants/Applications, click on "Returned to grantee." 2. You will see Application ID 15SC175488. 3. Click on edit, then click on narratives. From the list of narrative sections, click on Other. Scroll to the end of the existing text in the Other section and add the following heading "AUGMENTATION FUNDING — VSY Competition" 4. Under this heading, copy and paste all of the text from the narrative portion of your original application submitted for increased funding. 5. Add the work plan included in the original application to the existing work plans in the community need box, add the words "AUGMENTATION FUNDING — VSY COMPETITION" before the rest of the text describing the community need. 6. Add to the existing budget the funds in the appropriate categories that were included in the original application when possible, label the line items as VSY AUGMENTATION FUNDING prior to the complete description of the funds. 7. Once changes are completed, validate the budget (under Section 2 of the budget). The authorized representative should then log into eGrants. DISASTER SERVICES 1 ECONOMIC OPPORTUNITY 1 EDUCATION I ENVIRONMENTAL STEWARDSHIP 1 HEALTHY FUTURES I VETERANS AND MILITARY FAMILIES AMERICORPS 1 SENIOR CORPS I SOCIAL INNOVATION FUND Under My Grants/Applications, click on "Returned to grantee." You will see Application ID 15SC175488. Click on edit to make changes. Click on Authorize and Submit. Check I Agree wherever this option is available. Click on Verify this Grant Application. Click on Return to PO (from Applicant). Please let Ben Alamprese, Program Officer know when changes are completed and the amendment has been submitted. His email address is balamprese@cns.gov. Please contact him with any questions about the amendment. Thank you and congratulations on your successful application. Sincerely, Katy Dooley Acting State Program Director, Texas State Office Corporation for National and Community Service cc: Debbie Crites, SCP Director DISASTER SERVICES I ECONOMIC OPPORTUNITY I EDUCATION I ENVIRONMENTAL STEWARDSHIP I HEALTHY FUTURES 1 VETERANS AND MILITARY FAMILIES AMERICORPS 1 SENIOR CORPS I SOCIAL INNOVATION FUND AGENDA MEMORANDUM First Reading for the City Council Meeting of February 9, 2016 Second Reading for the City Council Meeting of February 16, 2016 DATE: January 29, 2016 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 Fred Segundo, Director of Aviation FredS@cctexas.com (361) 289-0171 Execute Master Services Agreement Corpus Christi International Airport CAPTION: Ordinance to appropriate and transfer $1,500,000 from Fund 4610 Airport Unreserved Fund Balance to Fund 3018 Airport Capital Reserve, amending the FY 2016 Operating Budget adopted by Ordinance No. 030620 and authorizing the City Manager or designee to execute two Master Services Agreements with Garver, LLC and KSA Engineers, Inc. for professional services for the Corpus Christi International Airport (CCIA). PURPOSE: The purpose of this agenda item is to obtain authority to execute Master Services Agreements for professional services for the Corpus Christi International Airport with Garver, LLC. of Frisco, Texas and with KSA Engineers, Inc. of Longview, Texas for the planning, engineering, design, and construction administration of CCIA projects. BACKGROUND AND FINDINGS: Corpus Christi International Airport (CCIA) is owned, operated, and maintained by the City of Corpus Christi and is located in Nueces County, Texas. CCIA is made up of over 2,700 acres; 1,100 acres being inside the Airport Operations Area (AOA) and classified as a non -hub, commercial service airport in the National Plan of Integrated Airports System (NPIAS). Airside facilities generally include, but are not limited to, runways, taxiways, connecting taxiways, airfield lighting, and navigational aids. The existing runway configuration at CCIA includes two runways. Runway 13-31 is oriented to the northwest -southeast and serves as the primary runway. It is 7,508 feet long and 150 feet wide. Runway 18-36 serves as the crosswind runway and is 6,080 feet long and 150 feet wide. CCIA enplanes more than 360,000 passengers annually and experiences over 100,000 annual aircraft operations each year. CCIA is located five miles west of the Corpus Christi Central Business District (CBD). CCIA is located within the City Limits of Corpus Christi and has direct regional access from State Highway 44. This authorizes City Staff to implement guidelines from the Federal Aviation Administration (FAA) Advisory Circular 150/5100-14E for the procurement of planning, design, engineering and construction administration phases for development projects at CCIA. The City of Corpus Christi has been granted federal funds for 90% of all eligible work associated with the design, development, and construction of the anticipated MSA projects. $30 million in FAA grants- in-aid under the Airport Improvements Program (AIP) is available for these projects. All planning, engineering, design, and construction administration of these projects shall be accomplished in accordance with the applicable federal, state and local requirements, to include the 10% local match. CCIA budgeted their matching funds in the existing CIP. Consultant teams were evaluated and selected to provide planning, architectural/engineering services and other services for projects specified in the CCIA Capital Improvement Program. These services will be a one (1) base year with four (4) one-year options to extend the term of the contract up to and not exceeding a total of five (5) years. Description of Task Order No. 1 with Garver This task is the implementation of a previous study. Implementation of the study findings is ongoing under separate contract in order to meet FAA timelines for this project. Garver's first task under the MSA will be to address a key CCIA and FAA priority item, replacement of the CCIA Air Operations Perimeter Fence. Garver's Task 1 is as described in CCIA CIP item AV08, which states that the project will design and replace approximately (9) miles of existing 6' CCIA perimeter fencing with an 8' fence and concrete ribbon curb. The concrete ribbon curb is to prevent wildlife incursions and to deter human incursions to CCIA. The construction value for Garver's Task 1 is expected to be approximately $6.5 million dollars, as reflected in CCIA CIP item AV08, which has $606,700 for Design and Engineering and $6.4 million for Construction. Garver's Task 1 authorization is in the amount of $298,716. Description of Task Order No. 1 with KSA This task is the implementation of a previous study. Implementation of the study findings is ongoing under a separate contract in order to meet FAA timelines for this project. KSA's first task under the MSA will be to address the East General Aviation Apron pavement issues by designing the East GA Apron in Portland Cement Concrete. KSA's Task 1 is described in CCIA CIP item AV09, which states that the project will rehabilitate the East General Aviation Apron to include the removal of the existing asphalt pavement and replacement with reinforced Portland cement concrete pavement, including aircraft tie -downs, striping, and upgrades to apron lighting. The construction value for KSA's Task 1 is expected to be approximately $4.2 million, as reflected in CCIA CIP item AV09, which has $380,000 for Design and Engineering, and $4.2 million for Construction. KSA's Task 1 authorization if in the amount of $190,386. ALTERNATIVES: 1. Execute the Master Services Agreements as proposed. (Recommended) 2. Do not execute the Master Services Agreements. OTHER CONSIDERATIONS: Garver, LLC. and KSA Engineering, Inc. were selected for the CCIA Professional Services for CIP projects as a result of RFQ No. 2015-09 dated July 29, 2015. CONFORMITY TO CITY POLICY: The Master Services Agreements and selection process comply with the Professional Procurement Act and City Policy. Both Garver, LLC. and KSA Engineering were selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. Complies with FY 2015-2016 CCIA Capital Improvement Planning (CIP) Budget. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Aviation FINANCIAL IMPACT: ❑ Operating E Revenue X Capital E Not applicable Fiscal Year 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,049,102.00 $2,049,102.00 Encumbered/Expended Amount $0.00 $0.00 This item (Garver, LLC) Task One $298,716.00 $298,716.00 This item (KSA, Inc.) Task One $190,386.00 $190,386.00 Future Anticipated Expenditures This Project $60,000.00 $60,000.00 BALANCE $1,500,000.00 $1,500,000.00 Fund(s): FAA Grants, CCIA CIP RECOMMENDATION: City Staff recommends the approval both Master Services Agreements with Garver and KSA. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Ordinance Master Services Agreement (Garver) Master Services Agreement (KSA) Presentation Ordinance to appropriate and transfer $1,500,000 from Fund 4610 Airport Unreserved Fund Balance to Fund 3018 Airport Capital Reserve, amending the FY 2016 Operating Budget adopted by Ordinance No. 030620 and authorizing the City Manager or designee to execute Master Services Agreements with Garver, LLC and KSA Engineers, Inc. to provide professional services for the Corpus Christi International Airport BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 is amended to appropriate and transfer $1,500,000 from Fund 4610 Airport Unreserved Fund Balance to Fund 3018 Airport Capital Reserve. SECTION 2. The FY 2016 Operating Budget adopted by Ordinance No. 030620 is amended to increase revenues and expenditures in the amount of $1,500,000. SECTION 3. The City Manager or designee is authorized to execute a Master Services Agreement with Garver, LLC of Frisco, Texas in the amount of $1,500,000 to provide professional services for the Corpus Christi International Airport. This is a not -to - exceed, five-year professional services contract with administratively approved task orders. SECTION 4. The City Manager or designee is authorized to execute a Master Services Agreement with KSA Engineers, Inc. of Longview, Texas in the amount of $1,500,000 to provide professional services for the Corpus Christi International Airport. This is a not - to -exceed, five-year professional services contract with administratively approved task orders. ATTEST: 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 , 2016, 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 , 2016, 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 , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor PROJECT BUDGET Corpus Christi International Airport Master Services Agreements for Capital Improvement Program Projects FUNDS AVAILABLE: Airport Operating Fund $1,500,000.00 Airport CIP Fund $549,102.00 Total Funds Available $2,049,102.00 FUNDS REQUIRED: Master Services Agreement (Garver) TASK ONE $298,716.00 Master Services Agreement (KSA) TASK ONE 190,386.00 Reimbursements: Contract Administration (Engineering/Capital Budget/Finance) 15,000.00 Engineering Services (Project Mgt/Const. Mgt) 45,000.00 Misc. (Printing, Advertising, etc.) 0.00 TOTAL $549,102.00 ESTIMATED PROJECT BUDGET BALANCE $1,500,000.00 Corpus Christi International Airport Corpus Christi International Airport CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 OF 1 Corpus Chr sti Engineering Corpus Christi International Airport Professional Services Agreements for Capital Improvement Program Projects Council Presentation February 9, 2016 Location Map Corpus Chhr sti Engineering Corpus Christi International Airport PROJECT LOCATION LOCATION MA NOP 70 SC477 2 Project Scope - KSA Carpus Chr sti Engineering The project scope includes: • KSA Task 1— design paving improvements to the East General Aviation Apron • 36,389 square yards of 16" reinforced Portland cement concrete pavement (PCCP) will replace existing Asphalt Pavement (HMAC) 3 Project Scope - Garver Corpus Chr sti Engineering The project scope includes: • Garver Task 1— design replacement and upgrades to CCIA Perimeter Fence • 9 miles of existing 6' fencing will be replaced with 9 miles of 8' fencing with a concrete ribbon curb to prevent wildlife incursions 4 Project Schedule Corpus Chr sti Engineering 2016 2017 2018 F M A M J J A s 0 N D anning, Engineering, Design Services J F M A Bid / Award M J J A s 0 N D J F M A M J J A s 0 N D J Project Estimate: 1095 Calendar Days 36 Months Projected Schedule reflects City Council award in February 2016 CITY OF CORPUS CHRISTI MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES FOR CORPUS CHRISTI INTERNATIONAL AIRPORT (CCIA) PROJECTS This Agreement is between 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 and GARVER, an Arkansas Corporation, 3010 Gaylord Parkway, Suite 190, Frisco, Texas (Consultant). TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE 1 PROJECT TASK ORDER 2 ARTICLE 11 COMPENSATION 2 ARTICLE 111 QUALITY CONTROL PLAN 3 ARTICLE IV INSURANCE REQUIREMENTS 4 ARTICLE V INDEMNIFICATION 6 ARTICLE VI MANDATORY CONTRACT PROVISIONS FOR AIRPORT PROJECTS 7 ARTICLE VII TERMINATION OF AGREEMENT 7 ARTICLE VIII RIGHT OF REVIEW AND AUDIT 7 ARTICLE IX OWNER REMEDIES 7 ARTICLE X CONSULTANT REMEDIES 8 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION 8 ARTICLE XII MISCELLANEOUS PROVISIONS 9 EXHIBIT A SAMPLE TASK ORDER EXHIBIT B CONSULTANT PROPOSAL EXHIBIT B-1 CONFIDENTIAL RATE SCHEDULE EXHIBIT C PAYMENT REQUEST FORM EXHIBIT D DISCLOSURE OF INTEREST EXHIBIT E CERTIFICATE OF INTERESTED PARTIES EXHIBIT F MANDATORY FEDERAL CONTRACT PROVISIONS Page 1 Rev. 12/16/15 C:IUSERSTOMCILLWAINIAPPDATAILOCALIMICROSOFTIWINDOWSIINETCACHEICONTENT.OUTLOOK1U889CL2E12015-1216 MASTER SERVICES AGREEMENT - PROFESSIONAL SERVICES GARVER.DOC ARTICLE 1— PROJECT TASK ORDER 1.1 This Agreement shall apply to as many tasks as City and Consultant agree will be performed under the terms and conditions of this Agreement. Each task Consultant performs for City hereunder shall be designated a Task Order. No Task Order shall be binding or enforceable unless and until it has been properly executed by both City and Consultant. Each properly executed Task Order shall become a separate supplemental agreement to this Agreement. 1.2 The Consultant shall provide its Scope of Services, to be included in each Task Order. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services which would normally be required by law or common due diligence. 1.3 Under this Agreement, Consultant will provide services on a Task Order basis for a range of services related to assisting the Engineering Services and Aviation Departments with professional engineering, architecture and construction services related to execution of Airport Capital Improvements Programs. All work will be subject to authorization from City. A detailed Scope of Services and fee estimate will be developed for each task prior to execution of work. 1.4 Consultant must comply with FAA and City standards, as specified in the UDC or Code of Ordinances, as applicable, throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Task Order. 1.5 Consultant must perform tasks and submit deliverables as detailed in each approved Task Order. 1.6 Consultant must provide all labor, equipment and transportation necessary to complete all services agreed to in a timely manner throughout the term of the Agreement. Additionally, Consultant shall provide staff for regular, overtime, night, weekend and holiday service, as requested by City. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. 1.7 Consultant must not begin work on any Task Order authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. ARTICLE 11— COMPENSATION 2.1 The Compensation for all services included in this Agreement and in the Scope of Services for this Agreement shall not exceed $1,500,000.00. 2.2 The Consultant's fee for each Task Order will be on a lump sum or time and materials (T&M) basis with a negotiated not -to -exceed amount. The fees will not exceed those identified and will be full and total compensation for all services outlined in each Task Order, and for all expenses incurred in performing these services. 2.3 Consultant shall submit a proposal to the City, which shall be incorporated into this agreement as Exhibit B, subject to approval by the City. 2.4 Consultant shall submit a Rate Schedule, shown in Exhibit B-1, with their proposal. The rate schedule shall remain confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Page 2 Rev. 12/16/15 C:IUSERSIFOMCILLWAINIAPPDATAILOCALIMICROSOFTIWINDOWSIINETCACHEICONTENT.OUTLOOMBB9CL2E12015-1216 MASTER SERVICES AGREEMENT - PROFESSIONAL SERVICES GARVER.DOC 2.5 Monthly invoices will be submitted in accordance with the Payment Request (Exhibit C). For T&M basis fees, Consultant shall submit documentation with the monthly invoice that shows who worked on the Project, the number of hours that each individual worked on the Project and reimbursables for that individual. 2.5.1 Principals may only bill at the hourly rate of Principals when acting in that capacity. Principals acting in the capacity of staff must bill at staff rates. The Consultant shall provide documentation with each payment request that clearly indicates how that individual's time is allocated and the justification for that allocation. 2.6 The anticipated fee structure under this agreement is as follows: DESCRIPTION NOT TO EXCEED AMOUNT Maximum Contract Amount $1 ,500,000.00 Task 1 — Design and Bid Phase Services for the Perimeter Fence Replacement and Improvements Project TBD Task 2 — TBD TBD Task 3 — TBD TBD Task 4 — TBD TBD Task 5 — TBD TBD Task 6 — TBD TBD 2.7 All services shall be performed and the applicable standard of professional care set forth herein and to City's satisfaction, which satisfaction shall be judged by the Director in his/her sole discretion. City shall not be liable for any payment under this Agreement for services which are unsatisfactory and which previously have not been approved by the Director. 2.8 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any Task Order or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. 2.9 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 2.10 Any fee payable under this Agreement is subject to the availability of funds. The Consultant may be directed to suspend work pending receipt and appropriation of funds. ARTICLE 111— QUALITY CONTROL PLAN 3.1 The Consultant agrees to perform quality assurance -quality control/constructability reviews (QCP Review). In the event that the City retains a separate consultant to perform additional QCP services for the City, the Consultant will provide all necessary information to the City, address any comments from the City's consultant and provide resolution to the City's satisfaction. 3.2 The Consultant will perform QCP Reviews at intervals during the design phase to ensure plans, specifications and drawings satisfy accepted quality standards and meet the requirements of the Project scope. Based on the findings of the QCP Review, the Consultant must reconcile the project scope and Page 3 Rev. 12/16/15 C:IUSERSIFOMCILLWAINIAPPDATAILOCALIMICROSOFTIWINDOWSIINETCACHEICONTENT.OUTLOOKIUBB9CL2E12015-1216 MASTER SERVICES AGREEMENT - PROFESSIONAL SERVICES GARVER.DOC Construction Estimate as needed. Documentation will be included that verifies interdisciplinary coordination has occurred. 3.3 The Consultant will perform constructability reviews, using persons with construction experience, at appropriate intervals during the design phase to ensure that the Project is buildable, as well as cost- effective, biddable and maintainable. Based on the findings of the constructability reviews, the Consultant will redesign the Project, as required, and provide interim construction estimates. 3.4 Consultant is responsible for the accuracy and competency of its QCP reviews and final construction documents. Documents that do not meet City standards may be rejected. Consultant will not be compensated for having to resubmit documents. ARTICLE IV - INSURANCE REQUIREMENTS 4.1 Consultant must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 4.2 Consultant must furnish to the Director of Engineering Services with the signed Agreement 2 copies of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim $2,000,000 Aggregate (Defense costs shall be outside policy limits) If claims made policy, retro date must be prior to inception of agreement, have Page 4 Rev. 12/16/15 C:IUSERSIFOMCILLWAINIAPPDATAILOCALIMICROSOFTIW INDOWSIINETCACHEICONTENT.OUTLOOKIUBB9CL2E12015-1216 MASTER SERVICES AGREEMENT - PROFESSIONAL SERVICES GARVER.DOC 4.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 4.4 Applicable for paid employees, Consultant must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. 4.5 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 4.6 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 4.7 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 4.7.1 List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy and professional liability/Errors & Omissions policy; 4.7.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 4.7.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 4.7.4 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. Page 5 Rev. 12/16/15 C:IUSERSIFOMCILLWAINIAPPDATAILOCALIMICROSOFTIWINDOWSIINETCACHEICONTENT.OUTLOOKIUBB9CL2E12015-1216 MASTER SERVICES AGREEMENT - PROFESSIONAL SERVICES GARVER.DOC extended reporting period provisions and identify any limitations regarding who is insured. WORKERS' COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,000 /$500,000 /$500,000 4.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 4.4 Applicable for paid employees, Consultant must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. 4.5 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 4.6 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 4.7 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 4.7.1 List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy and professional liability/Errors & Omissions policy; 4.7.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 4.7.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 4.7.4 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. Page 5 Rev. 12/16/15 C:IUSERSIFOMCILLWAINIAPPDATAILOCALIMICROSOFTIWINDOWSIINETCACHEICONTENT.OUTLOOKIUBB9CL2E12015-1216 MASTER SERVICES AGREEMENT - PROFESSIONAL SERVICES GARVER.DOC 4.8 Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 4.9 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 4.10 4.11 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. It is agreed that Consultant's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 4.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. ARTICLE V — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results 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 or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. 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. Page 6 Rev. 12/16/15 C:IUSERSIFOMCILLWAINIAPPDATAILOCALIMICROSOFTIWINDOWSIINETCACHEICONTENT.OUTLOOKIUBB9CL2EI2015-1216 MASTER SERVICES AGREEMENT - PROFESSIONAL SERVICES GARVER.DOC ARTICLE VI — MANDATORY CONTRACT PROVISIONS FOR AIRPORT PROJECTS 6.1 Consultant must comply with all mandatory federal contract provisions for Professional Services (NE) Contracts, included as Exhibit F. 6.2 Consultant agrees to include the contract provisions in Exhibit F in each subcontract and require each subconsultant to include these contract provisions in all subcontracts. 6.3 Consultant agrees to incorporate applicable requirements of the contract provisions in Exhibit F by reference for work done under any purchase orders, rental agreements and other agreements for supplies or services. ARTICLE Vil - TERMINATION OF AGREEMENT 7.1 The City may, at any time, with or without cause, terminate this Agreement upon seven days written notice to the Consultant at the address of record. 7.2 In this event, the Consultant will be compensated for its services on all Task Orders authorized based upon Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. ARTICLE VIII — RIGHT OF REVIEW AND AUDIT 8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 8.2 "Consultant's records" include any and all information, materials and data of every kind and character generated as a result of the Work under this Agreement. Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, federal and state tax filings for issue in questions and any and all other agreements, sources of information and matters that may, in City's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's records only during City's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's records, Consultant's facilities and Consultant's current or former employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE IX — OWNER REMEDIES 9.1 The City and Consultant agree that in the event of a delay in completion for which the City suffers actual Page 7 Rev. 12/16/15 C:IUSERSIFOMCILLWAINIAPPDATAILOCALIMICROSOFTIWINDOWSIINETCACHEICONTENT.OUTLOOKIUBB9CL2E12015-1216 MASTER SERVICES AGREEMENT - PROFESSIONAL SERVICES GARVER.DOC damages, the City may elect to pursue its actual damages and any other remedy allowed by law. 9.2 Pursuant to Article IV, the City may assert a claim against the Consultant's professional liability insurance, as appropriate. 9.3 The City may withhold or nullify the whole or part of any payment as detailed in Article 11. 9.4 If Consultant fails to comply with Article VI, the City may 9.4.1 withhold progress payments or final payment, 9.4.2 terminate the contract, 9.4.3 seek suspension/debarment, or 9.4.4 take any other action determined to be appropriate by the City or the Federal Aviation Administration. ARTICLE X — CONSULTANT REMEDIES 10.1 Consultant shall not be liable or responsible for any delays due to circumstances beyond Consultant's reasonable control. ARTICLE XI — CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 11.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Alternative Dispute Resolution. 11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement and City shall continue to make payments in accordance with this Agreement. 11.2 Alternative Dispute Resolution 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and Page 8 Rev. 12/16/15 C:IUSERSIFOMCILLWAINWPPDATAILOCAIAMICROSOFTIWINDOWSUNETCACHEICONTENT.OUTLOOKW8B9CL2E12015-1216 MASTER SERVICES AGREEMENT - PROFESSIONAL SERVICES GARVER.DOC settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation or any other alternative dispute resolution (ADR) process set forth herein, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of any other ADR process. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation ADR process contained herein. 11.2.3 Mediation 11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 11.2.3.4 The parties shall share the mediator's fee. Venue for any mediation or lawsuit arising under this Agreement shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 11.3 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XII — MISCELLANEOUS PROVISIONS 12.1 Use of Local Expertise/ Local Professional Participation. The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. 12.2 Assignability. The Consultant will not assign, transfer or delegate any of its obligations or duties in this Agreement to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the Consultant staff. If the Consultant 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 Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. 12.3 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 Consultant without the express written consent of the Director of Engineering Services. Page 9 Rev. 12/16/15 C:IUSERSIFOMCILLWAIN APPDATAILOCALIMICROSOFT\W INDOWStINETCACHEICONTENT.OUTLOOKIUBB9CL2E12015-1216 MASTER SERVICES AGREEMENT - PROFESSIONAL SERVICES GARVER.DOC However, the Consultant 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. 12.4 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar locality and under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 12.5 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 12.6 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 12.7 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract (Exhibit D). 12.8 Certificate of Interested Parties. Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract (Exhibit E). For more information, please review the information on the Texas Ethics Commission website at htts://www.ethics.state.tx.us. 12.9 Conflict of Interest. Consultant agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-d isciosure/index 12.10 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 12.11 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 12.12 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant -prepared Exhibit A, Scope of Services or in any other document prepared by Consultant and included herein, is in conflict with the terms of this Agreement and/or an approved Task Order, this Agreement and/or the Task Order shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI GARVER, LLC Page 10 Rev. 12/16/15 C:\USERS\FOMCILLWAIN\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT. OUTLOOK \UBB9CL2E\2015-1216 MASTER SERVICES AGREEMENT - PROFESSIONAL SERVICES GARVER.DOC i2/is/rs J.H. Edmonds, P. E. (Date) F(`ank Mclllwain, P.E. (Date) Director of Engineering Services 3010 Gaylord Parkway, Suite 190 Frisco, TX 75034 (972) 377-7540 Office RECOMMENDED Operating Department (Date) APPROVED Office of Management (Date) and Budget APPROVED AS TO LEGAL FORM Assistant City Attorney (Date) for City Attorney ATTEST Rebecca Huerta, City Secretary GARVER MSA Task Order No. 1 3026-274 550950 E152211543026D $298,716.00 Page 11 Rev. 12/16/15 C:\USERS\FOMCILLWAIN\APPDATA\LOCAL\MICROSOF1lWINDOWS\INETCACHE\CONTENT OUTLOOK\UBB9CL2E\2015-1216 MASTER SERVICES AGREEMENT - PROFESSIONAL SERVICES GARVER.DOC EXHIBIT A SAMPLE TASK ORDER This Task Order pertains to a Master Services Agreement for Professional Services by and between City of Corpus Christi, Texas (City) and "Company Name" (Consultant) dated 2016 (Agreement). Consultant shall perform services on the project described belowas provided in this Task Order and in the Agreement. This Task Order shall not be binding until it has been properly signed by both parties. Upon execution, this Task Order shall supplement the Agreement as it pertains to the project described below. TASK ORDER NO.: PROJECT NAME: 1. PROJECT DESCRIPTION 2. SCOPE OF SERVICES 3. COMPENSATION This Task Order is approy0 Aand Consu remain in full force and e . All other terms and conditions of the Agreement CITY OF CORPUS CHRIST a J.H. Edmonds, y Director of Engineer RECOMMENDED Date) Operating Department (Date) GARVER, LLC Frank Mclllwain, P.E. 3010 Gaylord Parkway, Suite 190 Frisco, TX 75034 (972) 377-7540 Office (Date) Master Services Agreement Exhibit A EXHIBIT B CONSULTANT PROPOSAL Master Services Agreement Exhibit B APPENDIX A SCOPE OF SERVICES GARVER MSA Task Order No. 1 CITY OF CORPUS CHRISTI 3026-274 550950 E152211543026D CORPUS CHRISTI, TEXAS $298,716.00 2.1 General Generally, the scope of services includes surveying, design, and bidding services for the installation of new perimeter fence and gates, and infrastructure improvements related to access control, lighting, and closed circuit television at the Corpus Christi International Airport. 2.2 Surveys 2.2.1 Design Surveys Garver will provide field survey data from field work for designing the project, and this survey will be tied to the Owner's control network. The use of other survey information, provided to Garver by others, will be assumed to be correct. Garver will conduct field surveys, utilizing radial topography methods, at intervals and for distances at the project site as appropriate for modeling the existing ground, including locations of pertinent features or improvements. Buildings and other structures, streets, drainage features, trees over eight inches in diameter, visible utilities as well as those underground utilities marked by their owners and/or representatives, and any other pertinent topographic features that may be present at and/or along the project site, will be located, as necessary for the project. Control points will be established for use during construction. 2.2.2 Property Surveys Garver will locate existing monumentation representing right of way and/or easements based on data which will be provided by LNV, Inc. under a subconsultant agreement with Garver. 2.3 Geotechnical Services Not used. 2.4 Preliminary Coordination Garver will serve as the Owner's representative in the preliminary phase of the project and furnish consultation and advice to the Owner during the performance of this service. Garver will attend preliminary conferences alone or with Owner's representatives, local officials, state and federal agencies, utility companies and others regarding the proposed project, its general design, functions, and impact. Garver will assist the Owner in ordering and directing the accomplishment of such special services as material tests as may be necessary. Garver will prepare a preliminary engineering report (under a separate agreement), supported by preliminary plans, and submit copies for review and approval to the Owner and FAA in the number required. Garver will attend conferences for review and conduct coordination conference of interested agencies and utilities, if required. Appendix A - Scope of Services 1 of 5 Airport Operations Area Perimeter Fence Garver Project No. 15181171 2.5 Utility Coordination During preliminary design, Garver will furnish digital copies of the plans to all known utility owners potentially affected by the project at each stage of development. Garver will coordinate with all known affected utility owners to enable them to coordinate efforts for any necessary utility relocations. Garver will include the surveyed locations of the observable and marked utilities in the construction plans. Garver will also include proposed and/or relocated utility information in the construction plans as provided by the utility companies. 2.6 Environmental Services As part of Garver's services under a separate agreement for a preliminary engineering report, Garver will include the identification of required environmental coordination, necessary for the Owner, for FAA projects. As part of this agreement, Garver will not provide environmental services including, but not limited to, services such as identification of potential wetlands, environmental handling and documentation, including wetlands identification or mitigation plans or other work related to environmentally or historically (culturally) significant items, or coordination with FEMA and preparation/submittal of a CLOMR and/or LOMR. Garver will prepare SWPPP details and notes, and sedimentation and erosion control drawings for the Contractor to prepare, maintain, and submit a SWPPP to the Texas Commission on Environmental Quality. 2.7 Drainage Study Formal drainage studies, such as hydrologic modeling using HEC -HMS and hydrologic analyses of the project's drainage basin will not be part of Garver's services. Recommendations for various drainage improvements required will be selected by Garver as permitted in the Owner's Drainage Criteria Manual, as part of the preliminary engineering report under a separate agreement. Because the proposed improvements are anticipated to mirror a similar footprint and layout of the existing fencing, a new drainage study will not be performed. Drainage improvements recommended in the preliminary engineering report will include those that leave the drainage area/structures at an equal to or greater condition. 2.8 Preliminary Engineering Report The preliminary engineering report will be provided to the FAA and City of Corpus Christi Department of Aviation under a separate agreement. 2.9 Preliminary & Final Design As part of both preliminary and final design, Garver will prepare detailed construction safety and phasing drawings, construction drawings (layouts and details), technical specifications, instructions to bidders, general provisions and special provisions, all based on guides furnished to Garver by the Owner and FAA. Contract Documents (Plans, Specifications, and Estimates) will be prepared for award of one (1) construction contract, and include improvements within the limits identified in Appendix C. These designs shall be in accordance with sound engineering principles and shall be submitted to the FAA office from which approval must be obtained. Detailed specifications shall be developed using FAA "Standards for Specifying Construction for Airports" AC 150/5370-10 (latest Appendix A - Scope of Services 2 of 5 Airport Operations Area Perimeter Fence Garver Project No. 15181171 edition) or other appropriate standards approved for use by the FAA. A specimen copy of the General Provisions and applicable prevailing wage rates will be obtained by Garver from the FAA or Department of Labor as appropriate for incorporation into the specifications for the proposed project. Garver will submit advance copies of the plans, specifications, and cost estimates to the FAA Airport's Regional Office and City of Corpus Christi Department of Aviation for their review and comment at 60% (Preliminary), 95% (Final), and 100% (Construction Documents) completion milestones. The time allotted for FAA and City of Corpus Christi Department of Aviation review is assumed to be two weeks. Garver will make any additions to respond to comments by the FAA and City of Corpus Christi Aviation Department, and when the documents have been approved, Garver will furnish plans to the FAA and to the Owner for bidding and coordination purposes. 2.10 Property Acquisition Documents Not used. 2.11 Bidding Services Garver will assist the Owner in advertising for and obtaining bids or negotiating proposals for each separate prime contract for construction, materials, equipment and services; and, where applicable, maintain a record of prospective bidders to whom Bidding Documents have been issued, and attend pre-bid conferences. The Owner will pay advertising costs outside of this contract. Garver will issue addenda as appropriate to interpret, clarify or expand the Bidding Documents. Garver will consult with and advise the Owner as to the acceptability of subcontractors, suppliers and other persons and organizations proposed by the prime contractor(s) (herein called "Contractor(s)") for those portions of the work as to which such acceptability is required by the Bidding Documents. Garver will consult with the Owner concerning and determine the acceptability of substitute materials and equipment proposed by Contractor(s) when substitution prior to the award of contracts is allowed by the Bidding Documents. Garver will attend the bid opening, prepare bid tabulation sheets and assist the Owner in evaluating bids or proposals. Garver will furnish a sufficient number of executed documents for the Owner, Contractor and FAA as described in Section 2.13. 2.12 Construction Phase Services Construction phase services shall be provided under a separate agreement. 2.13 Project Deliverables The following will be submitted to the Owner, or others as indicated, by Garver: 1. Three (3) paper copies of the 60% Preliminary Design (half size plans) with opinion of probable construction cost to both the FAA and City of Corpus Christi Department of Aviation. 2. One (1) digital copy of the 60% Preliminary Plans to each potentially affected utility company. 3. Three (3) paper copies of the 95% Final Design (half size plans) with opinion of probable construction cost to both the FAA and City of Corpus Christi Department of Aviation. 4. One (1) digital copy of the 95% Final Plans to each potentially affected utility company. 5. Three (3) paper copies of the 100% Construction Documents (including one full size plan set) with opinion of probable construction cost and construction management plan, to the FAA and Appendix A - Scope of Services 3 of 5 Airport Operations Area Perimeter Fence Garver Project No. 15181171 City of Corpus Christi Department of Aviation. 6. One (1) digital copy of the Construction Documents (with applicable addendums included) to the Contractor. 7. One (1) digital copy of approved shop drawings/submittals from the Contractor to the City of Corpus Christi Department of Aviation. 8. One (1) full size paper copy, one (1) half size paper copy, and one (1) digital copy of the Record Drawings to both the City of Corpus Christi Department of Aviation and FAA. 9. Electronic files as requested. 2.14 Extra Work The following items are not included under this agreement but will be considered as extra work: 1. Redesign for the Owner's convenience or due to changed conditions after previous alternate direction and/or approval. 2. Submittals or deliverables in addition to those listed herein. 3. Design beyond that furnished in the 100% Construction Documents' submittal. 4. Design of any existing utility requiring relocation. 5. Retaining walls or other significant structural design. 6. Street lighting or other electrical design beyond that required for the scope of the project. (Lighting at each new gate is a part of the scope of services listed herein.) 7. Preparation of a Storm Water Pollution Prevention Plan (SWPPP). The construction contract documents will require the Contractor to prepare, maintain, and submit a SWPPP to DEQ. 8. Construction phase services. (To be performed under separate agreement) 9. Project closeout services. (To be performed under separate agreement) 10. Environmental Handling and Documentation, including wetlands identification or mitigation plans or other work related to environmentally or historically (culturally) significant items. 11. Coordination with FEMA and preparation/submittal of a CLOMR and/or LOMR. 12. Services after construction, such as warranty follow-up, operations support, etc. Extra Work will be as directed by the Owner in writing for an additional fee as agreed upon by the Owner and Garver. 2.15 Schedule Garver shall begin work under this Agreement within ten (10) days of a Notice to Proceed and shall complete the work in accordance with the schedule shown in Appendix D. 2.16 Conceptual Cost Estimate A copy of the conceptual cost estimate for this project, prepared by Garver, is included as Appendix E. Since Garver has no control over the cost of labor, materials, equipment, or services furnished by others, or over the Contractor(s)' methods of determining prices, or over competitive bidding or market conditions, this and all subsequent Estimates of Project Costs and Construction Costs provided herein are to be made on the basis of Garver's experience and qualifications and represent Garver's best judgment as an experienced and qualified professional engineer, familiar with the construction industry; but Garver cannot and does not guarantee that proposals, bids or actual Total Project or Construction Costs will not vary from estimates prepared by Garver. Appendix A - Scope of Services 4 of 5 Airport Operations Area Perimeter Fence Garver Project No. 15181171 The Owner understands that the construction cost estimates developed by Garver do not establish a limit for the construction contract amount. If the actual amount of the low construction bid exceeds the construction budget established by the Owner, Garver will not be required to re -design the project without additional compensation Appendix A - Scope of Services 5 of 5 Airport Operations Area Perimeter Fence Garver Project No. 15181171 APPENDIX B CITY OF CORPUS CHRISTI AIRPORT OPERATIONS AREA PERIMETER FENCE FEE SUMMARY Title 1 Services Surveying Services (LNV Engineering) 60% Preliminary Design 95% Final Design 100% Construction Documents Bidding Services Subtotal for Title 1 Services Estimated Fees $109,216.00 $90,400.00 $62, 500.00 $26,600.00 $10, 000.00 $298,716.00 11garverinc.locallgdatalProjects12015115181171 - CCIA Operations Area Perimeter FencelContracts\Client\Draft\MSA Task Order No. 1 (Design and Bidding)1APPENDIX B -15181171 Garver Fee Spreadsheet (TO 1) 2015-12-22 a A0 NO11.8.30 31660 ONION3d 8E131N1213d V321V SNOIiVH d01JOdHIV x1'I1SIaHO sndao0 12:10d2iIV 7VN011VNI31NI I1SI1H0 Sfd2JOO 2 jI 1• ddCO iOMC666daypdINV 0,6 MIA,, 0.4615 61665 ,adavw6,,u,D,tlmks ,aas,.0tlq..1.0.1 06.1106dA, WNeSu�M6tl 6Van--1ul Ntl 6CSIOLSIU .t1.1 by INStil9%33ONSJ dtl7051M+6�waiU+�wad anew!®A �YiwnWdOtl1Oo-l[1�845 +L7i Appendix D - Project Design Schedule CORPUS CHRISTI INTERNATIONAL AIRPORT - AIRPORT OPERATIONS AREA PERIMETER FENCING PROJECT DESIGN SCHEDULE D Task Name (Duration Start (Finish Nov '15 1 Dec '15 IJan '16 IFeb'16 1 Mar 16 'Apr '16 I May '16 IJun'16 1.1u1 '16 1 ity Approval of Administrative Agreement/NTP for PER 0 days Fri 11/20/15 Fri 11/20/15 0 days Tue 1/12/16 Tue 1/12/16 0 days Fri 1/15/16 Fri 1/15/16 10 days Mon 1/18/16 Fri 1/29/16 10 days Mon 2/1/16 Fri 2/12/16 128 days Mon 11/23/15 Wed 5/18/16 21 days Mon 12/7/15 Mon 1/4/16 37 days Mon 11/23/15 Tue 1/12/16 0 days Wed 1/13/16 Wed 1/13/16 11 days Thu 1/14/16 Thu 1/28/16 0 days Thu 1/28/16 Thu 1/28/16 27 days Fri 1/29/16 Mon 3/7/16 0 days Tue 3/8/16 Tue 3/8/16 11 days Wed 3/9/16 Wed 3/23/16 0 days Wed 3/23/16 Wed 3/23/16 28 days Thu 3/24/16 Mon 5/2/16 0 days Tue 5/3/16 Tue 5/3/16 11 days Wed 5/4/16 Wed 5/18/16 0 days Wed 5/18/16 Wed 5/18/16 10 days Thu 5/19/16 Wed 6/1/16 6 days Thu 5/19/16 Thu 5/26/16 0 days Fri 5/27/16 Fri 5/27/16 CCIA/FAA Approval of 100% Construction Documents 3 days Mon 5/30/16 Wed 6/1/16 Bidding Services 26 days Sun 6/5/16 Fri 7/8/16 First Advertisement 0 days Sun 6/5/16 Sun 6/5/16 Second Advertisement 0 days Sun 6/19/16 Sun 6/19/16 Bid Opening 0 days Wed 6/29/16 Wed 6/29/16 Prepare Grant Application and Recommendation of Award 6 days Thu 6/30/16 Thu 7/7/16 CCIA/FAA Receipt of Grant Application, Recommendation of Award 0 days Fri 7/8/16 Fri 7/8/16 2 City Council Approval of MSA 3 Garver to Submit MSA Task Order No. 1 to CCIA 4 Independent Fee Estimate of MSA Task Order No. 1 5 CCIA Approval of MSA Task Order No. 1 6 Design 7 Survey Data Collection (On -Site) and Processing 8 Prepare Preliminary Engineer's Report (30% Design) 9 CCIA/FAA Receipt of PER (30% Design) 10 CCIA/FAA Review of PER (30% Design) 11 PER (30% Design) Review Meeting 12 Prepare 60% Preliminary Design 13 CCIA/FAA Receipt of 60% Preliminary Design 14 CCIA/FAA Review of 60% Preliminary Design 15 60% Preliminary Design Review Meeting 16 Prepare 95% Final Design 17 CCIA/FAA Receipt of 95% Final Design 18 CCIA/FAA Review of 95% Final Design 19 95% Final Design Review Meeting 20 Construction Documents 21 Prepare 100% Construction Documents 22 CCIA/FAA Receipt of 100% Construction Documents 23 24 25 26 27 28 29 4, 11/20 • 1/12 v. 1/15 4.1'1/28 • 3/8 � ]II 413/23 • 5/3 } •T5/18 i 5/27 1• . 6/5 • 6/19 ' 6/29 1.1'I j 7/8 SCHEDULE LEGEND Phase Garver Task CCIA/FAA Task L`- .. ] Milestone • CC!A CORPUS CHRISTI INTERNATIONAL AIRPORT Page 1 Updated Last: December 7, 2015 ITEM NO. DESCRIPTION Appendix E - Conceptual Construction Cost Estimate CORPUS CHRISTI INTERNATIONAL AIRPORT AIRPORT OPERATIONS AREA PERIMETER FENCING ENGINEER'S ESTIMATE OF PROBABLE COST (CONCEPTUAL) ESTIMATED UNIT QUANTITY Engineer's Estimate of Probable Cost UNIT PRICE AMOUNT 1 SITE PREPARATION 2 CHAIN-LINK FENCE WITH 3 -STRAND BARBED WIRE (8 -FOOT) 3 CHAIN-LINK FENCE WITH 3 -STRAND BARBED WIRE (10 -FOOT) 4 CONCRETE MOW PAD 5 FENCE REMOVAL AND DISPOSAL 6 SODDING 7 SEEDING 8 DEMOLISH EXISTING AUTOMATIC GATE OPERATOR 9 INSTALL NEW VMAG GATE WITH ACCESS CONTROL AND CCTV 10 INSTALL NEW FIBER OPTIC NETWORK 11 DITCH STRUCTURES/DRAINAGE IMPROVEMENTS DRIVEWAY IMPROVEMENTS AT NEW GATES L 12 L.S. L.F. L.F. L.F. L.F. S.Y. ACRE EACH EACH L.S. L.S. EACH 1 $500,000.0.0 44,500 f $20.00 4,000 $25.00 44,500 I $15.00 48,500 $8.00 750 $4.00 11 $10,000.00 9 $2,000.00 9 $80,000.00 1 $2,000,000.00 1 $80,000.00 9 $25,000.00 $500,000.00 $890,000.00 $100,000.00 $667,500.00 $388,000.00 $3,000.00 $110,000.00 $18,000.00 $720,000.00 $2,000,000.00 $80,000.00 $225,000.00 Corpus Christi International Airport Garver Project No. 15181171 Page 1 of 1 Subtotal $5,701,500.00 Contingency (10%) $ 570,150.00 Estimated Construction Cost $6,271,650.00 EXHIBIT B-1 CONFIDENTIAL RATE SCHEDULE Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPAL(S): HOURLY RATE ($/hr) TX REGISTRATION #: Project Consultant: CAD Technician: Clerical: Other —specify: SUBCONSULTANT(S): (firm) Principal(s): Project Consultant: CAD Technician: Clerical Other —specify: Add additional subconsultants as needed. Master Services Agreement Exhibit B-1 EXHIBIT C PAYMENT REQUEST FORM Master Services Agreement Exhibit C Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees PROJECT NAME Project No. EXXXXX Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $o $o $o $o $o $o $o o% 0 0 0 0 $0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0% 0 0 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $0 $0 $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 0 0 0 0% $0 $0 $0 $0 $0 $0 $0 0% EXHIBIT D DISCLOSURE OF INTEREST Master Services Agreement Exhibit D MIMP City of Corpus Chrtsti SUPPLIER NUMBER 10 BE ASSIGNED BY -CITY -- PIACI IASING YCITY-'PIACIIASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 171 11 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 question is not applicable, answer with "NA". See reverse side tor Filing Requirements. Certifications and definitions. COMPANY NAME: Garver P. O. BOX: 3010 Gay-lord—Parkway , STREET ADDRESS: Ste 190 FIRM IS: 1. Corporation 4. Association CITY: Frisco 2. Partnership 5. Other ZIP: 75034 3. Sole Owner 0 DISCLOSURE QUESTIONS If additional space is necessary. please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Natne Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an `ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A __ FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Frank McIllwain Title: Vice President (Type or Print) Signature of Certifying Person: 747 Date: August 24, 2 015 DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT E CERTIFICATE OF INTERESTED PARTIES Master Services Agreement Exhibit E EXHIBIT F MANDATORY FEDERAL CONTRACT PROVISIONS Mandatory Federal Contract Provisions for Professional Services (AIE) Contracts Provision Law/Statute Provisions for all NE Contracts Access to Records and Reports 49 CFR § 18.36 Buy American Preferences 49 USC § 50101 49 USC § 47123 Civil Rights - General Civil Rights Act of 1964, Title VI 49 CFR part 21 Disadvantaged Business Enterprises 49 CFR part 26 Federal Fair Labor Standards Act (Minimum Wage) 29 USC § 201, et seq Lobb in • and Influencin • Federal Em • to ees 49 CFR • art 20 Occupational Safety and Health Act (OSHA) 20 CFR part 1910 Rights to Inventions 49 CFR 5 18.36 Trade Restriction Clause 49 CFR part 30 Additional Provisions for NE Contracts Exceeding $10,000 Termination of Contract 2 CFR § 200 Appendix II(B) Additional Provisions for NE Contracts Exceeding $25,000 Debarment and Suspension 2 CFR part 180 (subpart C) Additional Provisions for NE Contracts Exceeding $100,000 Breach of Contract 2 CFR § 200 Appendix II(A) Clean Air and Water Pollution Controls 2 CFR § 200 Appendix II(G) Contract Work Hours and Safety Standards 2 CFR 200 Appendix II(E) Master Services Agreement Exhibit F I. ACCESS TO RECORDS AND REPORTS The Consultant must maintain an acceptable cost accounting system. The Consultant agrees to provide the Sponsor, the Federal Aviation Administration, and the Comptroller General of the United States or any of their duly authorized representatives, access to any books, documents, papers, and records of the Consultant which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Consultant agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. 11. BUY AMERICAN PREFERENCES The Consultant agrees to comply with 49 USC § 50101, which provides that Federal funds may not be obligated unless all steel and manufactured goods used in AIP-funded projects are produced in the United States, unless the FAA has issued a waiver for the product; the product is listed as an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide Buy American Waivers Issued list. 111. CIVIL RIGHTS, GENERAL The Consultant agrees that it will comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the Consultants from the bid solicitation period through the completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. This provision also obligates the tenant/concessionaire/lessee or its transferee for the period during which Federal assistance is extended to the airport through the Airport Improvement Program, except where Federal assistance is to provide, or is in the form of personal property; real property or interest therein; structures or improvements thereon. In these cases the provision obligates the party or any transferee for the longer of the following periods: (1) the period during which the property is used by the airport sponsor or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits; or (2) the period during which the airport sponsor or any transferee retains ownership or possession of the property. IV. CIVIL RIGHTS, TITLE VI A. Compliance with Nondiscrimination Requirements During the performance of this contract, the Consultant, for itself, its assignees, and successors in interest (hereinafter referred to as the "Consultant") agrees as follows: 1. Compliance with Regulations: The Consultant (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Statutes and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. Master Services Agreement Exhibit F 2. Non-discrimination: The Consultant, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subConsultants, including procurements of materials and leases of equipment. The Consultant will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. 3. Solicitations for Subcontracts. Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subConsultant or supplier will be notified by the Consultant of the Consultant's obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin. 4. Information and Reports: The Consultant will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a Consultant is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a Consultant's noncompliance with the Non- discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: a. Withholding payments to the Consultant under the contract until the Consultant complies; and/or b. Cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The Consultant will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with litigation by a subConsultant, or supplier because of such direction, the Consultant may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the Consultant may request the United States to enter into the litigation to protect the interests of the United States. B. Title VI List of Pertinent Nondiscrimination Authorities During the performance of this contract, the Consultant, for itself, its assignees, and successors in interest (hereinafter referred to as the "Consultant") agrees to comply with the following non- discrimination statutes and authorities; including but not limited to: 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); Master Services Agreement Exhibit F 2. 49 CFR part 21 (Non-discrimination In Federally -Assisted Programs of The Department of Transportation—Effectuation of Title VI of The Civil Rights Act of 1964); 3. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); 4. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27; 5. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); 6. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); 7. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and Consultants, whether such programs or activities are Federally funded or not); 8. Titles !land 111 of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; 9. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); 10. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; 11. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); 12. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). V. DISADVANTAGED BUSINESS ENTERPRISES A. Contract Assurance (§ 26.13) - The Consultant or subConsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Consultant shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the Consultant to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient Master Services Agreement Exhibit F deems appropriate. B. Prompt Payment (§26.29) - The prime Consultant agrees to pay each subConsultant under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime Consultant receives from City of Corpus Christi. The prime Consultant agrees further to return retainage payments to each subConsultant within 30 days after the subConsultants work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Corpus Christi. This clause applies to both DBE and non -DBE subConsultants. VI. FEDERAL FAIR LABOR STANDARDS ACT (MINIMUM WAGE) All contracts and subcontracts that result from this solicitation incorporate the following provisions by reference, with the same force and effect as if given in full text. The Consultant has full responsibility to monitor compliance to the referenced statute or regulation. The Consultant must address any claims or disputes that pertain to a referenced requirement directly with the Federal Agency with enforcement responsibilities. Requirement Federal Agency with Enforcement Responsibilities Federal Fair Labor Standards Act (29 USC 201) U.S. Department of Labor — Wage and Hour Division VII. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES The bidder or offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the bidder or offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. VIII. OCCUPATIONAL SAFETY AND HEALTH ACT (OSHA) All contracts and subcontracts that result from this solicitation incorporate the following provisions by reference, with the same force and effect as if given in full text. The Consultant has full responsibility to monitor compliance to the referenced statute or regulation. The Consultant must address any claims or disputes that pertain to a referenced requirement directly with the Federal Agency with enforcement responsibilities. Master Services Agreement Exhibit F Requirement ' Federal Agency with Enforcement Responsibilities Occupational Safety and Health Act of 1970 (20 CFR Part 1910) U.S. Department of Labor — Occupational Safety and Health Administration IX. RIGHTS TO INVENTIONS All rights to inventions and materials generated under this contract are subject to requirements and regulations issued by the FAA and the Sponsor of the Federal grant under which this contract is executed. X. TRADE RESTRICTION CLAUSE The Consultant or subConsultant, by submission of an offer and/or execution of a contract, certifies that it: (1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR); (2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list; (3) has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a Consultant or subConsultant who is unable to certify to the above. If the Consultant knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract at no cost to the Government. Further, the Consultant agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The Consultant may rely on the certification of a prospective subConsultant unless it has knowledge that the certification is erroneous. The Consultant shall provide immediate written notice to the sponsor if the Consultant learns that its certification or that of a subConsultant was erroneous when submitted or has become erroneous by reason of changed circumstances. The subConsultant agrees to provide written notice to the Consultant if at any time it learns that its certification was erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the Consultant or subConsultant knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract or subcontract for default at no cost to the Government. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a Consultant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Master Services Agreement Exhibit F This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. Additional Provision for Contracts Exceeding $10,000 XI. TERMINATION OF CONTRACT A. The Sponsor may, by written notice, terminate this contract in whole or in part at any time, either for the Sponsor's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice services must be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to the Sponsor. B. If the termination is for the convenience of the Sponsor, an equitable adjustment in the contract price will be made, but no amount will be allowed for anticipated profit on unperformed services. C. If the termination is due to failure to fulfill the Consultant's obligations, the Sponsor may take over the work and prosecute the same to completion by contract or otherwise. In such case, the Consultant is liable to the Sponsor for any additional cost occasioned to the Sponsor thereby. D. If, after notice of termination for failure to fulfill contract obligations, it is determined that the Consultant had not so failed, the termination will be deemed to have been effected for the convenience of the Sponsor. In such event, adjustment in the contract price will be made as provided in paragraph B of this clause. E. The rights and remedies of the sponsor provided in this clause are in addition to any other rights and remedies provided by law or under this contract. Additional Provision for Contracts Exceeding $25,000 XII. DEBARMENT AND SUSPENSION The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a "covered transaction", must verify each lower tier participant of a "covered transaction" under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The successful bidder will accomplish this by: (1) Checking the System for Award Management at website: http://www.sam.gov (2) Collecting a certification statement similar to the Certificate Regarding Debarment and Suspension (Bidder or Offeror), above. (3) Inserting a clause or condition in the covered transaction with the lower tier contract If the FAA later determines that a lower tier participant failed to tell a higher tier that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedy, including suspension and debarment. Master Services Agreement Exhibit F Additional Provision for Contracts Exceeding $100,000 XIII. BREACH OF CONTRACT Any violation or breach of terms of this contract on the part of the Consultant or its subConsultants may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. XIV. CLEAN AIR AND WATER POLLUTION CONTROLS Consultants and subConsultants agree: (1) That any facility to be used in the performance of the contract or subcontract or to benefit from the contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities; (2) To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder; (3) That, as a condition for the award of this contract, the Consultant or subConsultant will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be used for the performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities; (4) To include or cause to be included in any construction contract or subcontract which exceeds $100,000 the aforementioned criteria and requirements. XV. CONTRACT WORK HOURS AND SAFETY STANDARDS A. Overtime Requirements. No Consultant or subConsultant contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. B. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph (1) above, the Consultant and any subConsultant responsible therefor shall be liable for the unpaid wages. In addition, such Consultant and subConsultant shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 1 above, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set Master Services Agreement Exhibit F forth in paragraph A above. C. Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the Consultant or subConsultant under any such contract or any other Federal contract with the same prime Consultant, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Consultant, such sums as may be determined to be necessary to satisfy any liabilities of such Consultant or subConsultant for unpaid wages and liquidated damages as provided in the clause set forth in paragraph B above. D. SubConsultants. The Consultant or subConsultant shall insert in any subcontracts the clauses set forth in paragraphs A through D and also a clause requiring the subConsultant to include these clauses in any lower tier subcontracts. The prime Consultant shall be responsible for compliance by any subConsultant or lower tier subConsultant with the clauses set forth in paragraphs A through D of this section. Master Services Agreement Exhibit F CITY OF CORPUS CHRISTI MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES FOR CORPUS CHRISTI INTERNATIONAL AIRPORT (CCIA) PROJECTS This Agreement is between 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 and KSA, Inc., 140 E. Tyler Street, Suite 600, Longview, TX 75601 (Consultant). TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I PROJECT TASK ORDER 2 ARTICLE 11 COMPENSATION 2 ARTICLE 111 QUALITY CONTROL PLAN 3 ARTICLE IV INSURANCE REQUIREMENTS 4 ARTICLE V INDEMNIFICATION 6 ARTICLE VI MANDATORY CONTRACT PROVISIONS FOR AIRPORT PROJECTS 7 ARTICLE VII TERMINATION OF AGREEMENT 7 ARTICLE VIII RIGHT OF REVIEW AND AUDIT 7 ARTICLE IX OWNER REMEDIES 8 ARTICLE X CONSULTANT REMEDIES 8 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION 8 ARTICLE XII MISCELLANEOUS PROVISIONS 9 EXHIBIT A SAMPLE TASK ORDER EXHIBIT B CONSULTANT PROPOSAL EXHIBIT B-1 CONFIDENTIAL RATE SCHEDULE EXHIBIT C PAYMENT REQUEST FORM EXHIBIT D DISCLOSURE OF INTEREST EXHIBIT E CERTIFICATE OF INTERESTED PARTIES EXHIBIT F MANDATORY FEDERAL CONTRACT PROVISIONS Page 1 Rev. 12/16/15 11KSA-MCK-SERVER1IPROJECTSIPROJECTSICRP043100.01 AGREEMENTSIOWNERIREVISED CORPUS CHRISTI MSA 12-2015.DOC ARTICLE 1— PROJECT TASK ORDER 1.1 This Agreement shall apply to as many tasks as City and Consultant agree will be performed under the terms and conditions of this Agreement. Each task Consultant performs for City hereunder shall be designated a Task Order. No Task Order shall be binding or enforceable unless and until it has been properly executed by both City and Consultant. Each properly executed Task Order shall become a separate supplemental agreement to this Agreement. 1.2 The Consultant shall provide its Scope of Services, to be included in each Task Order. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services which would normally be required by law or common due diligence. 1.3 Under this Agreement, Consultant will provide services on a Task Order basis for a range of services related to assisting the Engineering Services and Aviation Departments with professional engineering, architecture and construction services related to execution of Airport Capital Improvements Programs. All work will be subject to authorization from City. A detailed Scope of Services and fee estimate will be developed for each task prior to execution of work. 1.4 Consultant must comply with FAA and City standards, as specified in the UDC or Code of Ordinances, as applicable, throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Task Order. 1.5 Consultant must perform tasks and submit deliverables as detailed in each approved Task Order. 1.6 Consultant must provide all labor, equipment and transportation necessary to complete all services agreed to in a timely manner throughout the term of the Agreement. Additionally, Consultant shall provide staff for regular, overtime, night, weekend and holiday service, as requested by City. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or Sub Consultants of Consultant. 1.7 Consultant must not begin work on any Task Order authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. ARTICLE 11— COMPENSATION 2.1 The Compensation for all services included in this Agreement and in the Scope of Services for this Agreement shall not exceed $1,500,000.00. 2.2 The Consultant's fee for each Task Order will be on a lump sum or time and materials (T&M) basis with a negotiated not -to -exceed amount. The fees will not exceed those identified and will be full and total compensation for all services outlined in each Task Order, and for all expenses incurred in performing these services. 2.3 Consultant shall submit a proposal to the City, which shall be incorporated into this agreement as Exhibit B, subject to approval by the City. 2.4 Consultant shall submit a Rate Schedule, shown in Exhibit B-1, with their proposal. The rate schedule shall remain confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Page 2 Rev. 12/16/15 11KSA-MCK-SERVER1IPROJECTSIPROJECTSICRP043100.01 AGREEMENTSIOWNERIREVISED CORPUS CHRISTI MSA 12-2015.DOC Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. 2.5 Monthly invoices will be submitted in accordance with the Payment Request (Exhibit C). For T&M basis fees, Consultant shall submit documentation with the monthly invoice that shows who worked on the Project, the number of hours that each individual worked on the Project and reimbursables for that individual. 2.5.1 Principals may only bill at the hourly rate of Principals when acting in that capacity. Principals acting in the capacity of staff must bill at staff rates. The Consultant shall provide documentation with each payment request that clearly indicates how that individual's time is allocated and the justification for that allocation. 2.6 The anticipated fee structure under this agreement is as follows: DESCRIPTION NOT TO EXCEED AMOUNT Maximum Contract Amount $1,500,000.00 Task 1 — Design and Bid Phase Services for the East GA Apron Reconstruction Project requiring removal of approximately 54,296 SY of existing deteriorated hot mix asphalt pavement and replacement with new concrete pavement at the Corpus Christi International Airport designed to accommodate all aircraft loading anticipated to utilize the apron and designed to FAA standards. TBD Task 2 — TBD TBD Task 3 — TBD TBD Task 4 — TBD TBD Task 5 — TBD TBD Task 6 — TBD TBD 2.7 All services shall be performed and the applicable standard of professional care set forth herein and to City's satisfaction, which satisfaction shall be judged by the Director in his/her sole discretion. City shall not be liable for any payment under this Agreement for services which are unsatisfactory and which previously have not been approved by the Director. 2.8 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any Task Order or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. 2.9 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 2.10 Any fee payable under this Agreement is subject to the availability of funds. The Consultant may be directed to suspend work pending receipt and appropriation of funds. ARTICLE 111 — QUALITY CONTROL PLAN 3.1 The Consultant agrees to perform quality assurance -quality control/constructability reviews (QCP Review). In the event that the City retains a separate consultant to perform additional QCP services for the City, the Page 3 Rev. 12/16/15 11KSA-MCK-SERVER1IPROJECTSIPROJECTSICRP043100.01 AGREEMENTSIOWNERIREVISED CORPUS CHRISTI MSA 12-2015.DOC Consultant will provide all necessary information to the City, address any comments from the City's consultant and provide resolution to the City's satisfaction. 3.2 The Consultant will perform QCP Reviews at intervals during the design phase to ensure plans, specifications and drawings satisfy accepted quality standards and meet the requirements of the Project scope. Based on the findings of the QCP Review, the Consultant must reconcile the project scope and Construction Estimate as needed. Documentation will be included that verifies interdisciplinary coordination has occurred. 3.3 The Consultant will perform constructability reviews, using persons with construction experience, at appropriate intervals during the design phase to ensure that the Project is buildable, as well as cost- effective, biddable and maintainable. Based on the findings of the constructability reviews, the Consultant will redesign the Project, as required, and provide interim construction estimates. 3.4 Consultant is responsible for the accuracy and competency of its QCP reviews and final construction documents. Documents that do not meet City standards may be rejected. Consultant will not be compensated for having to resubmit documents. ARTICLE IV - INSURANCE REQUIREMENTS 4.1 Consultant must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 4.2 Consultant must furnish to the Director of Engineering Services with the signed Agreement 2 copies of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit Page 4 Rev. 12/16/15 11KSA-MCK-SERVER1IPROJECTSIPROJECTSICRP043100.01 AGREEMENTSIOWNERIREVISED CORPUS CHRISTI MSA 12-2015.DOC PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) $2,000,000 Aggregate (Defense costs shall be outside policy limits) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. WORKERS' COMPENSATION Statutory (All States Endorsement if Company is not domiciled in Texas) Employer's Liability $500,000 /$500,000 /$500,000 4.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 4.4 Applicable for paid employees, Consultant must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. 4.5 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 4.6 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 4.7 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 4.7.1 List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy and professional liability/Errors & Omissions policy; 4.7.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; Page 5 Rev. 12/16/15 11KSA-MCK-SERVER1IPROJECTSIPROJECTSICRP043100.01 AGREEMENTSIOWNERIREVISED CORPUS CHRISTI MSA 12-2015.DOC 4.7.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 4.7.4 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. 4.8 Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 4.9 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 4.10 4.11 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. It is agreed that Consultant's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 4.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. ARTICLE V — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or Sub Consultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results 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 or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Page 6 Rev. 12/16/15 11KSA-MCK-SERVER1IPROJECTSIPROJECTSICRP043100.01 AGREEMENTSIOWNERIREVISED CORPUS CHRISTI MSA 12-2015.DOC 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. ARTICLE VI — MANDATORY CONTRACT PROVISIONS FOR AIRPORT PROJECTS 6.1 Consultant must comply with all mandatory federal contract provisions for Professional Services (A/E) Contracts, included as Exhibit F. 6.2 Consultant agrees to include the contract provisions in Exhibit F in each subcontract and require each Sub Consultant to include these contract provisions in all subcontracts. 6.3 Consultant agrees to incorporate applicable requirements of the contract provisions in Exhibit F by reference for work done under any purchase orders, rental agreements and other agreements for supplies or services. ARTICLE VII - TERMINATION OF AGREEMENT 7.1 The City may, at any time, with or without cause, terminate this Agreement upon seven days written notice to the Consultant at the address of record. 7.2 In this event, the Consultant will be compensated for its services on all Task Orders authorized based upon Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. ARTICLE VIII — RIGHT OF REVIEW AND AUDIT 8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 8.2 "Consultant's records" include any and all information, materials and data of every kind and character generated as a result of the Work under this Agreement. Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, federal and state tax filings for issue in questions and any and all other agreements, sources of information and matters that may, in City's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's records only during City's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's records, Consultant's facilities and Consultant's current or former employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. Page 7 Rev. 12/16/15 11KSA-MCK-SERVER1IPROJECTSIPROJECTSICRP043100.01 AGREEMENTSIOWNERIREVISED CORPUS CHRISTI MSA 12-2015.DOC ARTICLE IX — OWNER REMEDIES 9.1 The City and Consultant agree that in the event of a delay in completion for which the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. 9.2 Pursuant to Article IV, the City may assert a claim against the Consultant's professional liability insurance, as appropriate. 9.3 The City may withhold or nullify the whole or part of any payment as detailed in Article 11. 9.4 If Consultant fails to comply with Article VI, the City may 9.4.1 withhold progress payments or final payment, 9.4.2 terminate the contract, 9.4.3 seek suspension/debarment, or 9.4.4 take any other action determined to be appropriate by the City or the Federal Aviation Administration. ARTICLE X — CONSULTANT REMEDIES 10.1 Consultant shall not be liable or responsible for any delays due to circumstances beyond Consultant's reasonable control. ARTICLE XI — CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty- one (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 11.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Alternative Dispute Resolution. 11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed Page 8 Rev. 12/16/15 11KSA-MCK-SERVER1IPROJECTSIPROJECTSICRP043100.01 AGREEMENTSIOWNERIREVISED CORPUS CHRISTI MSA 12-2015.DOC diligently with performance of the Agreement and City shall continue to make payments in accordance with this Agreement. 11.2 Alternative Dispute Resolution 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation or any other alternative dispute resolution (ADR) process set forth herein, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of any other ADR process. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation ADR process contained herein. 11.2.3 Mediation 11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 11.2.3.4 The parties shall share the mediator's fee. Venue for any mediation or lawsuit arising under this Agreement shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 11.3 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XII — MISCELLANEOUS PROVISIONS 12.1 Use of Local Expertise/ Local Professional Participation. The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. Page 9 Rev. 12/16/15 11KSA-MCK-SERVER1IPROJECTSIPROJECTSICRP043100.01 AGREEMENTSIOWNERIREVISED CORPUS CHRISTI MSA 12-2015.DOC 12.2 Assignability. The Consultant will not assign, transfer or delegate any of its obligations or duties in this Agreement to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the Consultant staff. If the Consultant 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 Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. 12.3 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 Consultant without the express written consent of the Director of Engineering Services. However, the Consultant 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. 12.4 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar locality and under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 12.5 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 12.6 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 12.7 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract (Exhibit D). 12.8 Certificate of Interested Parties. Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract (Exhibit E). For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx. us. 12.9 Conflict of Interest. Consultant agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form 010, please review the information on the City Secretary's website at http://www.cctexas.com/govern ment/city-secretary/conflict-disclosure/index 12.10 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 12.11 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. Page 10 Rev. 12/16/15 \\KSA-MCK-SERVER1\PROJECTS \PROJECTS\CRP043\00.01 AGREEMENTS\OWNER\REVISED CORPUS CHRISTI MSA 12-2015.DOC CITY OF CORPUS CHRISTI KSA, INC J.H. Edmonds, P. E. (Date) Mitchell L. Fortn Executive Vice resident (Date) Director of Engineering Services 140 E. Tyler Street, Suite 600 Longview, TX 75601 (903) 236-7700 Office RECOMMENDED Operating Department (Date) APPROVED Office of Management (Date) and Budget APPROVED AS TO LEGAL FORM Assistant City Attorney (Date) for City Attorney ATTEST Rebecca Huerta, City Secretary KSA MSA Task Order No. 1 3020-274 550950 E152341503020D $171,347.40 3026-274 550950 E152341503026D $19,038.60 Page 11 Rev. 12/16/15 1\KSA-MCKSERVER1\PROJECTS1 PROJECTS \CRP043\00.01 AGREEMENTS \OWNER\REVISED CORPUS CHRISTI MSA 12-2015.DOC Fund Name Page 12 Rev. 12/16/15 MSA-MCK-SERVER1IPROJECTSIPROJECTSICRP043100.01 AGREEMENTSIOWNERIREVISED CORPUS CHRISTI MSA 12-2015.DOC EXHIBIT A SAMPLE TASK ORDER This Task Order pertains to a Master Services Agreement for Professional Services by and between City of Corpus Christi, Texas (City) and "Company Name" (Consultant) dated 2016 (Agreement). Consultant shall perform services on the project described below as provided in this Task Order and in the Agreement. This Task Order shall not be binding until it has been properly signed by both parties. Upon execution, this Task Order shall supplement the Agreement as it pertains to the project described below. TASK ORDER NO.: PROJECT NAME: 1. PROJECT DESCRIPTION 2. SCOPE OF SERVICES 3. COMPENSATION This Task Order is approydand Consu remain in full force and e . All other terms and conditions of the Agreement CITY OF CORPUS CHRIST J.H. Edmonds, Director of Engine'. RECOMMENDED (Pate) Operating Department (Date) KSA, I N C Joncie Young, P.E., President (Date) 8875 Synergy Drive McKinney, TX 75070 (903) 236-7700 Office Master Services Agreement Exhibit A EXHIBIT B CONSULTANT PROPOSAL Master Services Agreement Exhibit B CITY OF CORPUS CHRISTI, TEXAS Design Phase and Bidding Phase Service Fees for the East GA Apron Reconstruction (Areas 1 — 4) Project at the Corpus Christi International Airport I. SCOPE OF SERVICES This proposal provides scope, schedule, and budget estimates for Design Phase and Bidding Phase Service fees for the East GA Apron Reconstruction project (Areas 1 through 4) at the Corpus Christi International Airport. The Engineer shall provide the following services: A. SCOPE OF WORK 1. Attend project meetings as noted in Section C herein. 2. Participate in Pre -Design Teleconference and prepare meeting summary notes. Per FAA direction, all pre -design direction will be handled via teleconference and no travel arrangements will be necessary for the Engineer. 3. Design East GA Apron (Areas 1 through 4) and prepare Plans and specifications. 4. Preparation of Civil Technical Specifications Using FAA Advisory Circular 150/5370-1 OG. 5. Preparation of Design Front -End Documents / Non -Technical Specifications. 6. Preparation of Opinion of Total Project Costs. 7. Participate in Design Documents Review Teleconference and prepare meeting summary notes. All design review with the City and/or FAA will be handled via teleconference and no travel arrangements will be necessary for the Engineer. 8. Preparation and Submittal of required Obstruction Evaluation / Airport Airspace Analysis (OE/AAA) Documents. 9. Preparation of the Construction Safety and Phasing Plan. 10. Preparation of the Construction Management Plan. 11. This amendment assumes thirty percent, sixty five percent and ninety percent reviews of the plans and specifications only by the Owner and FAA. Modifications will be made to the Design Phase documents as necessary in accordance with the Owner and FAA's review comments. B. DESIGN REQUIREMENTS 1. Plans and specifications shall be in full compliance with all design and construction standards of the FAA, City of Corpus Christi, and other governing authorities, as applicable. KSA MSA Task Order No. 1 3020-274 550950 E152341503020D $171,347.40 3026-274 550950 E152341503026D $19,038.60 KSA Engineers, Inc. Project No. CRP.039 Task Order No. 01 Page 1 of 2 C. TRAVEL 1. This amendment includes travel expenses for the following meetings: a. Pre -Bid Meeting. b. Bid Opening. Any other requested dates of travel will require additional compensation by the Owner. D. EXCLUSIONS 1. This proposal assumes that the drainage infrastructure underneath Area 4 of the East GA Apron is in sound condition and does not need to be replaced, modified or repaired. As such any work related to the drainage infrastructure under the apron in area 4 will need additional compensation by the Owner. 2. A new geotechnical investigation will not be performed since bores were taken in this area during previous projects. E. DELIVERABLES 1. All deliverables will be submitted to the Owner electronically. Any requested hard copies of deliverables will require additional compensation by the Owner. II. SCHEDULE The Design Phase will commence with written notification from the Owner to the Engineer and will terminate upon delivery of Design Documents to the Owner by the Engineer. The Design Phase shall be completed within Twelve (12) weeks of phase commencement. Sealed bid documents will be delivered within three (3) weeks of receipt of Design Phase review comments by the City and FAA. The Bidding Phase will commence with written notification from the Owner to the Engineer and will terminate upon delivery of the Bid Tabulation and associated bid documents to the Owner by the Engineer. The Bidding Phase shall be completed on as needed basis. III. FEES The Engineer proposes to provide Design Phase and Bidding Phase services for $190,386.00 on a lump sum basis. . Task Order No. 01 Page 2 of 2 KSA Engineers, Inc. Project No. CRP.039 EXHIBIT - PROJECT LAYOUT KS& ENGINEERS Smier.11,11d10,. Texas MO 2.972.20.2•0 1.10050.6750 OPAVal eV DIESXNED WEST REV10011- 12/181201/ 11201.011110 CORPUS CHRISTI INTERNATIONAL AIRPORT PROJECT 00.1-2 OVERALL DEVELOPMENT OBJECTIVE �E�EPHASE DRAWING RIEVISPDX 01,1.v.vG. PATH' Awl& PLOT DATE -TIME OkTe CORPUS CHRISTI INTERNATIONAL AIRPORT MSA Agreement TASK 1: SUMMARY OF DESIGN COSTS DESIGN SERVICES Scope Design Fee East GA Apron Area 1 $ 8,200.00 East GA Apron Area 2 $ 8,200.00 East GA Apron Area 3 $ 98,418.00 East GA Apron Area 4 $65,568.00 $ 180, 386.00 BIDDING SERVICES Scope Fee East GA Apron Area 1 $ 10, 000.00 East GA Apron Area 2 East GA Apron Area 3 East GA Apron Area 4 $ 10, 000.00 TOTAL DESIGN AND BIDDING SERVICES $ 190,386.00 CORPUS CHRISTI INTERNATIONAL AIRPORT SUMMARY OF ESTIMATED CONSTRUCTION COSTS Scope co p Total Total w/10% Contingencies East GA Apron Area 1 $1,122,764.25 $ 1, 235, 041.00 East GA Apron Area 2 $1,287,526.00 $ 1,416, 279.00 East GA Apron Area 3 $2,375,364.25 $ 2, 612, 901.00 East GA Apron Area 4 $2,267,658.50 $ 2,494,425.00 $ 7, 053, 313.00 $ 7, 758, 646.00 Corpus Christi International Airport East GA Apron Reconstruction Area 1 Opinion of Probable Construction Costs December 17, 2015 Item No. Description Estimated Estimated Units Quantities Unit Price Subtotal East GA Apron Reconstruction (Area 1) 1.01 Asphaltic Concrete Pavement Removal (East GA Apron) S.Y. 5,917 $12.50 $73,962.50 1.02 Onsite Borrow Embankment In Place C.Y. 658 $35.00 $23,030.00 1.03 Undercut and Replace Unsuitable Subgrade Material with C.Y. 198 $60.00 $11,880.00 Suitable Material as Directed by the Engineer 1.04 8" Lime Stabilized Subgrade S.Y. 5,917 $6.75 $39,939.75 1.05 Hydrated Lime for Lime Stabilized Subgrade (8%) Ton 160 $180.00 $28,800.00 1.06 Rock Construction Exit EA. 1 $4,500.00 $4,500.00 1.07 16" PCC Pavement S.Y. 5,917 $146.00 $863,882.00 1.08 Mobilization, Etc. L.S. 1 $30,000.00 $30,000.00 1.09 Barricades and Markings for Pavement Closures L.S. 1 $20,000.00 $20,000.00 1.10 Proof Rolling Hrs. 60 $65.00 $3,900.00 1.11 Remove and Replace Unsuitable Subgrade with C.Y. 99 $130.00 $12,870.00 Foundation Material as Directed by the Engineer 1.12 Dewatering L.S. 1 $10,000.00 $10,000.00 Subtotal: $1,122,764.25 10% Contingencies: $112,276.43 Total w/ Contingencies: $1,235,040.68 East GA Apron Reconstruction (Area 1) - Summary of Engineering Design Fees Final Design Phase (Estimated): General Project Document Preparation (Estimated): Bidding (Estimated): $6,207.00 $1,992.50 $10,000.00 Subtotal: $18,199.50 East GA Apron Reconstruction (Area 1) - Summary of Construction Costs Construction Costs (Estimated): $1,235,040.68 Engineering Repacking Design Fees (Estimated): $18,199.50 Construction Administration Costs (Estimated): $ - Subtotal: $1,253,240.18 Corpus Christi International Airport East GA Apron Reconstruction Area - 2 Opinion of Probable Construction Costs December 17, 2015 Item No. Description Estimated Estimated Units Quantities Unit Price Subtotal East GA Apron Reconstruction (Area 2) 2.01 Asphaltic Concrete Pavement Removal (East GA Apron) 2.02 Onsite Borrow Embankment In Place 2.03 Undercut and Replace Unsuitable Subgrade Material with Suitable Material as Directed by the Engineer 2.04 8" Lime Stabilized Subgrade 2.05 Hydrated Lime for Lime Stabilized Subgrade (8%) 2.06 Temporary Sediment Control Fence 2.07 16" PCC Pavement 2.08 Sodding 2.09 Strip and Stockpile Topsoil from Disturbed Areas 2.10 Install 4" Topsoil on Disturbed Areas 2.11 Proof Rolling 2.12 Remove and Replace Unsuitable Subgrade with Foundation Material as Directed by the Engineer 2.13 Dewatering S.Y. C.Y. C.Y. S.Y. Ton L.F. S.Y. S.Y. S.Y. S.Y. Hrs. C.Y. L.S. 7,115 791 240 7,199 194 120 7,115 251 251 251 72 120 1 $12.50 $ 35.00 $60.00 $6.75 $180.00 $6.00 $146.00 $6.00 $3.75 $3.00 $65.00 $130.00 $88,937.50 $27,685.00 $14,400.00 $48,593.25 $34,920.00 $720.00 $1,038,790.00 $1,506.00 $941.25 $753.00 $4,680.00 $15,600.00 $10,000.00 $10,000.00 Subtotal: $1,287,526.00 10% Contingencies: $128,752.60 Total w/ Contingencies: $1,416,278.60 East GA Apron Reconstruction (Area 2) - Summary of Engineering Design Fees Final Design Phase (Estimated): General Project Document Preparation (Estimated): Bidding (Estimated): $6,207.00 $1,993.00 $10,000.00 Subtotal: $18,200.00 East GA Apron Reconstruction (Area 2) - Summary of Construction Costs Construction Costs (Estimated): Engineering Design Fees (Estimated): Construction Administration Costs (Estimated): $1,416,278.60 $18,200.00 $- Subtotal: $1,434,478.60 CORPUS CHRISTI INTERNATIONAL AIRPORT EAST GA APRON AREA 3 Opinion of Probable Construction Costs December 17, 2015 Item Spec. No. No. Description Estimated Estimated Units Quantities Unit Price Subtotal East GA Reconstruction Area 3 1.01 P-101-5. Asphaltic Concrete Pavement Removal S.Y. 11960 $12.50 $149,500.00 1.02 P-152-4. Unclassified Excavation C.Y. 1677 535.00 $58,695.00 Undercut and Replace Unsuitable Subgrade Material with 1.03 P-152-4. C.Y. 403 $60.00 $24,180.00 Suitable Material as Directed by the Engineer 1.04 P-155-8. 8" Lime Treated Subgrade S.Y. 12072 $6.75 $81,486.00 1.05 P-155-8. Lime for Lime Treated Subgrade (X%) Ton 224 $180.00 $40,320.00 1.06 P-156-5. Installation and Removal of Silt Fence L.F. 200 $6.00 $1,200.00 1.07 P-156-5. Rock Construction Exit EA. 1 $4,500.00 $4,500.00 1.08 P-501-8. 16" PCC Pavement S.Y. 11960 $146.00 $1,746,160.00 1.09 P-620-5. Yellow Taxiway Markings (Reflective) S.F. 400 $ 2.00 $800.00 Furnish and Install 8" ASTM F 949 Ribbed, Perforated PVC 1.10 D-705-5. L.F. 500 $ 30.00 $15,000.00 Underdrain Pipe Beneath PCC Pavement Section 1.11 T-905.5. Strip and Stockpile Topsoil from Disturbed Areas SY 223 $3.75 $836.25 1.12 T-905-5. Furnish and Install 4" Topsoil on Disturbed Areas SY 223 $3.00 $669.00 1.13 T-904-5. Sodding S.Y. 223 $6.00 $1,338.00 1.30 S-1-3. Mobilization, Etc. L.S. 1 $ 216,000.00 $216,000.00 1.31 S-3-3. Barricades and Markings for Pavement Closures L.S. 1 $ 5,000.00 $5,000.00 1.32 5-5-5. Proof Rolling Hrs. 72 $ 65.00 $4,680.00 Remove and Replace Unsuitable Subgrade with Foundation 1.33 5-9-4. C.Y. 120 $ 125.00 $15,000.00 Material as Directed by the Engineer 1.34 5-11-4. Dewatering L.S. 1 $ 10,000.00 $10,000.00 Subtotal: $2,375,364.25 10% Contingencies: $237,536.43 Total w/ Contingencies: $2,612,900.68 East GA Reconstruction Area 3 - Summary of Engineering Design Fees Final Design (Estimated): Bidding (Estimated): $98,423.00 $10,000.00 Subtotal: $108,423.00 East GA Reconstruction Area 3 - Summary of Construction Costs Construction Costs (Estimated): $2,612,900.68 Engineering Design Fees (Estimated): $108,423.00 Construction Administration Costs (Estimated): $0.00 Subtotal: $2,721,323.68 CORPUS CHRISTI INTERNATIONAL AIRPORT EAST GA APRON AREA 4 Opinion of Probable Construction Costs December 17, 2015 Item Spec. No. No. Description Estimated Estimated Units Quantities Unit Price Subtotal East GA Reconstruction Area 4: 1.01 P-101-5. Asphaltic Concrete Pavement Removal 1.02 P-152-4. Unclassified Excavation 1.03 P-152-4. Undercut and Replace Unsuitable Subgrade Material with Suitable Material as Directed by the Engineer 1.04 P-155-8. 8" Lime Treated Subgrade S.Y. 11509 $6.75 $77,685.75 1.05 P-155-8. Lime for Lime Treated Subgrade (X%) Ton 214 $180.00 $38,520.00 1.06 P-156-5. Installation and Removal of Silt Fence L.F. 200 $6.00 $1,200.00 1.07 P-156-5. Rock Construction Exit EA. 1 $4,500.00 $4,500.00 1.08 P-501-8. 16" PCC Pavement S.Y. 11397 $146.00 $1,663,962.00 1.09 P-620-5. Yellow Taxiway Markings (Reflective) S.F. 400 $ 2.00 $800.00 Furnish and Install 8" ASTM F 949 Ribbed, Perforated PVC 1.10 D-705-5. L.F. 500 $ 30.00 $15,000.00 Underdrain Pipe Beneath PCC Pavement Section 1.11 T-905.5. Strip and Stockpile Topsoil from Disturbed Areas SY 223 $3.75 $836.25 1.12 T-905-5. Furnish and Install 4" Topsoil on Disturbed Areas SY 223 $3.00 $669.00 1.13 T-904-5. Sodding S.Y. 223 $6.00 $1,338.00 1.30 S-1-3. Mobilization, Etc. L.S. 1 $ 207,000.00 $207,000.00 1.31 S-3-3. Barricades and Markings for Pavement Closures L.S. 1 $ 5,000.00 $5,000.00 1.32 S-5-5. Proof Rolling Hrs. 72 $ 65.00 $4,680.00 Remove and Replace Unsuitable Subgrade with Foundation 1.33 S-9-4. C.Y. 120 $ 125.00 $15,000.00 Material as Directed by the Engineer 1.34 S-11-4. Dewatering L.S. 1 $ 10,000.00 $10,000.00 S.Y. 11397 $ 12.50 $142,462.50 C.Y. 1599 $ 35.00 $55,965.00 C.Y. 384 $60.00 $23,040.00 Subtotal: $2,267,658.50 10% Contingencies: $226,765.85 Total w/ Contingencies: $2,494,424.35 East GA Reconstruction Area 4: - Summary of Engineering Design Fees Final Design (Estimated): Bidding (Estimated): $98,423.00 $10,000.00 Subtotal: $108,423.00 East GA Reconstruction Area 4: - Summary of Construction Costs Construction Costs (Estimated): $2,494,424.35 Engineering Design Fees (Estimated): $108,423.00 Construction Administration Costs (Estimated): $0.00 Subtotal: $2,602,847.35 EXHIBIT B-1 CONFIDENTIAL RATE SCHEDULE Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPAL(S): HOURLY RATE ($/hr) TX REGISTRATION #: Project Consultant: CAD Technician: Clerical: Other —specify: SUBCONSULTANT(S): (firm) Principal(s): Project Consultant: CAD Technician: Clerical Other —specify: Add additional Sub Consultants as needed. Master Services Agreement Exhibit B-1 EXHIBITC PAYMENT REQUEST FORM Master Services Agreement Exhibit C Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees PROJECT NAME Project No. EXXXXX Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $o $o $o $o $o $o $o o% 0 0 0 0 $0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0% 0 0 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $0 $0 $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 0 0 0 0% $0 $0 $0 $0 $0 $0 $0 0% EXHIBIT D DISCLOSURE OF INTEREST Master Services Agreement Exhibit D EXHIBIT E CERTIFICATE OF INTERESTED PARTIES Master Services Agreement Exhibit E EXHIBIT F MANDATORY FEDERAL CONTRACT PROVISIONS Mandatory Federal Contract Provisions for Professional Services (A/E) Contracts Provision Law/Statute Provisions for all A/E Contracts Access to Records and Reports 49 CFR § 18.36 Buy American Preferences 49 USC § 50101 Civil Rights -General 49 USC § 47123 Civil Rights Act of 1964, Title VI 49 CFR part 21 Disadvantaged Business Enterprises 49 CFR part 26 Federal Fair Labor Standards Act (Minimum Wage) 29 USC § 201, et seq Lobbying and Influencing Federal Employees 49 CFR part 20 Occupational Safety and Health Act (OSHA) 20 CFR part 1910 Rights to Inventions 49 CFR § 18.36 Trade Restriction Clause 49 CFR part 30 Additional Provisions for A/E Contracts Exceeding $10,000 Termination of Contract 2 CFR § 200 Appendix II(B) Additional Provisions for A/E Contracts Exceeding $25,000 Debarment and Suspension 2 CFR part 180 (subpart C) Additional Provisions for A/E Contracts Exceeding $100,000 Breach of Contract 2 CFR § 200 Appendix II(A) Clean Air and Water Pollution Controls 2 CFR § 200 Appendix II(G) Contract Work Hours and Safety Standards 2 CFR § 200 Appendix II(E) Master Services Agreement Exhibit F I. ACCESS TO RECORDS AND REPORTS The Consultant must maintain an acceptable cost accounting system. The Consultant agrees to provide the Sponsor, the Federal Aviation Administration, and the Comptroller General of the United States or any of their duly authorized representatives, access to any books, documents, papers, and records of the Consultant which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Consultant agrees to maintain all books, records and reports required under this contract for a period of not Tess than three years after final payment is made and all pending matters are closed. 11. BUY AMERICAN PREFERENCES The Consultant agrees to comply with 49 USC § 50101, which provides that Federal funds may not be obligated unless all steel and manufactured goods used in AIP-funded projects are produced in the United States, unless the FAA has issued a waiver for the product; the product is listed as an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide Buy American Waivers Issued list. III. CIVIL RIGHTS, GENERAL The Consultant agrees that it will comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the Consultants from the bid solicitation period through the completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. This provision also obligates the tenant/concessionaire/lessee or its transferee for the period during which Federal assistance is extended to the airport through the Airport Improvement Program, except where Federal assistance is to provide, or is in the form of personal property; real property or interest therein; structures or improvements thereon. In these cases the provision obligates the party or any transferee for the longer of the following periods: (1) the period during which the property is used by the airport sponsor or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits; or (2) the period during which the airport sponsor or any transferee retains ownership or possession of the property. IV. CIVIL RIGHTS, TITLE VI A. Compliance with Nondiscrimination Requirements During the performance of this contract, the Consultant, for itself, its assignees, and successors in interest (hereinafter referred to as the "Consultant") agrees as follows: 1. Compliance with Regulations: The Consultant (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Statutes and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. Master Services Agreement Exhibit F 2. Non-discrimination: The Consultant, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of Sub Consultants, including procurements of materials and leases of equipment. The Consultant will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential Sub Consultant or supplier will be notified by the Consultant of the Consultant's obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin. 4. Information and Reports: The Consultant will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a Consultant is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a Consultant's noncompliance with the Non- discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: a. Withholding payments to the Consultant under the contract until the Consultant complies; and/or b. Cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The Consultant will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with litigation by a Sub Consultant, or supplier because of such direction, the Consultant may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the Consultant may request the United States to enter into the litigation to protect the interests of the United States. B. Title VI List of Pertinent Nondiscrimination Authorities During the performance of this contract, the Consultant, for itself, its assignees, and successors in interest (hereinafter referred to as the "Consultant") agrees to comply with the following non- discrimination statutes and authorities; including but not limited to: 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits Master Services Agreement Exhibit F discrimination on the basis of race, color, national origin); 2. 49 CFR part 21 (Non-discrimination In Federally -Assisted Programs of The Department of Transportation—Effectuation of Title VI of The Civil Rights Act of 1964); 3. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); 4. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27; 5. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); 6. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); 7. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and Consultants, whether such programs or activities are Federally funded or not); 8. Titles 11 and 111 of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; 9. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); 10. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; 11. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); 12. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). V. DISADVANTAGED BUSINESS ENTERPRISES A. Contract Assurance (§ 26.13) - The Consultant or Sub Consultant shall not discriminate on the Master Services Agreement Exhibit F basis of race, color, national origin, or sex in the performance of this contract. The Consultant shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the Consultant to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. B. Prompt Payment (§26.29) - The prime Consultant agrees to pay each Sub Consultant under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime Consultant receives from City of Corpus Christi. The prime Consultant agrees further to return retainage payments to each Sub Consultant within 30 days after the Sub Consultant's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Corpus Christi. This clause applies to both DBE and non -DBE Sub Consultants. VI. FEDERAL FAIR LABOR STANDARDS ACT (MINIMUM WAGE) All contracts and subcontracts that result from this solicitation incorporate the following provisions by reference, with the same force and effect as if given in full text. The Consultant has full responsibility to monitor compliance to the referenced statute or regulation. The Consultant must address any claims or disputes that pertain to a referenced requirement directly with the Federal Agency with enforcement responsibilities. Requirement - Federal Agency with Enforcement Responsibilities Federal Fair Labor Standards Act (29 USC 201) U.S. Department of Labor — Wage and Hour Division VII. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES The bidder or offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the bidder or offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. VIII. OCCUPATIONAL SAFETY AND HEALTH ACT (OSHA) Master Services Agreement Exhibit F All contracts and subcontracts that result from this solicitation incorporate the following provisions by reference, with the same force and effect as if given in full text. The Consultant has full responsibility to monitor compliance to the referenced statute or regulation. The Consultant must address any claims or disputes that pertain to a referenced requirement directly with the Federal Agency with enforcement responsibilities. Requirement Federal Agency with Enforcement Responsibilities Occupational Safety and Health Act of 1970 (20 CFR Part 1910) U.S. Department of Labor —Occupational Safety and Health Administration IX. RIGHTS TO INVENTIONS All rights to inventions and materials generated under this contract are subject to requirements and regulations issued by the FAA and the Sponsor of the Federal grant under which this contract is executed. X. TRADE RESTRICTION CLAUSE The Consultant or Sub Consultant, by submission of an offer and/or execution of a contract, certifies that it: (1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR); (2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list; (3) has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a Consultant or Sub Consultant who is unable to certify to the above. If the Consultant knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract at no cost to the Government. Further, the Consultant agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The Consultant may rely on the certification of a prospective Sub Consultant unless it has knowledge that the certification is erroneous. The Consultant shall provide immediate written notice to the sponsor if the Consultant learns that its certification or that of a Sub Consultant was erroneous when submitted or has become erroneous by reason of changed circumstances. The Sub Consultant agrees to provide written notice to the Consultant if at any time it learns that its certification was erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the Consultant or Sub Consultant knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract or subcontract for default at no cost to the Government. Master Services Agreement Exhibit F Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a Consultant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. Additional Provision for Contracts Exceeding $10,000 XI. TERMINATION OF CONTRACT A. The Sponsor may, by written notice, terminate this contract in whole or in part at any time, either for the Sponsor's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice services must be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to the Sponsor. B. If the termination is for the convenience of the Sponsor, an equitable adjustment in the contract price will be made, but no amount will be allowed for anticipated profit on unperformed services. C. If the termination is due to failure to fulfill the Consultant's obligations, the Sponsor may take over the work and prosecute the same to completion by contract or otherwise. In such case, the Consultant is liable to the Sponsor for any additional cost occasioned to the Sponsor thereby. D. If, after notice of termination for failure to fulfill contract obligations, it is determined that the Consultant had not so failed, the termination will be deemed to have been effected for the convenience of the Sponsor. In such event, adjustment in the contract price will be made as provided in paragraph B of this clause. E. The rights and remedies of the sponsor provided in this clause are in addition to any other rights and remedies provided by law or under this contract. Additional Provision for Contracts Exceeding $25,000 XII. DEBARMENT AND SUSPENSION The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a "covered transaction", must verify each lower tier participant'of a "covered transaction" under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The successful bidder will accomplish this by: (1) Checking the System for Award Management at website: http://www.sam.gov (2) Collecting a certification statement similar to the Certificate Regarding Debarment and Suspension (Bidder or Offeror), above. Master Services Agreement Exhibit F (3) Inserting a clause or condition in the covered transaction with the lower tier contract If the FAA later determines that a lower tier participant failed to tell a higher tier that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedy, including suspension and debarment. Additional Provision for Contracts Exceeding $100,000 XIII. BREACH OF CONTRACT Any violation or breach of terms of this contract on the part of the Consultant or its Sub Consultants may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. XIV. CLEAN AIR AND WATER POLLUTION CONTROLS Consultants and Sub Consultants agree: (1) That any facility to be used in the performance of the contract or subcontract or to benefit from the contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities; (2) To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder; (3) That, as a condition for the award of this contract, the Consultant or Sub Consultant will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be used for the performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities; (4) To include or cause to be included in any construction contract or subcontract which exceeds $100,000 the aforementioned criteria and requirements. XV. CONTRACT WORK HOURS AND SAFETY STANDARDS A. Overtime Requirements. No Consultant or Sub Consultant contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. B. Violation; Liability for Unpaid Wages; Liquidated Damages. Master Services Agreement Exhibit F In the event of any violation of the clause set forth in paragraph (1) above, the Consultant and any Sub Consultant responsible therefore shall be liable for the unpaid wages. In addition, such Consultant and Sub Consultant shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 1 above, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph A above. C. Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the Consultant or Sub Consultant under any such contract or any other Federal contract with the same prime Consultant, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Consultant, such sums as may be determined to be necessary to satisfy any liabilities of such Consultant or Sub Consultant for unpaid wages and liquidated damages as provided in the clause set forth in paragraph B above. D. Sub Consultants. The Consultant or Sub Consultant shall insert in any subcontracts the clauses set forth in paragraphs A through D and also a clause requiring the Sub Consultant to include these clauses in any lower tier subcontracts. The prime Consultant shall be responsible for compliance by any Sub Consultant or lower tier Sub Consultant with the clauses set forth in paragraphs A through D of this section. Master Services Agreement Exhibit F AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of February 9, 2016 Second Reading for the City Council Meeting of February 16, 2016 DATE: January 18, 2016 TO: Ronald L. Olson, City Manager FROM: Daniel McGinn, AICP CFM, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing — Various Amendments to the Unified Development Code CAPTION: Ordinance amending the Unified Development Code by revising subsection 1.11.3 "Defined Terms", table 4.3.2 "Permitted Uses", table 4.3.3 "Residential Development Standards (Single -Family Districts)", table 4.3.4 "Housing Types", subsections 5.1.2.A "Household Living", 5.5.3.E.6 "Setbacks (for) Wireless Telecommunication Facilities", 7.5.3.A.1 "Single Tenant Freestanding Sign", 7.5.3.C.1 "Multi-tenant(3 or more tenants) Freestanding Sign", 7.5.27.D.10 "Definition (of) Legible", 8.2.1.6.3 "Street Right -of -Way Dimensional Standards", table 8.2.1.0 "Non -Local Street Standards", and table 8.2.1.D "Rural Street Standards" providing for severance; providing for penalties; providing for publication; and providing for an effective date. PURPOSE: The purpose of this item is to update the regulations of the Unified Development Code (UDC) to improve its implementation. BACKGROUND FINDINGS: The Unified Development Code (UDC) became effective July 1, 2011. As part of the continued improvement of the UDC and to address the city's development needs, staff has presented several UDC text amendments that have been approved by the Planning Commission and City Council since the adoption of the UDC. Today, staff is proposing the following new text amendments: 1. Subsection 1.11.3 Defined Terms: Changing the definition of Developer to mean a developer of any kind of project, not just 'new construction'. Changing the definition of Construction, New because today it only addresses the insurance and FEMA definition and does not properly define new construction for general use in the UDC. The definition of Temporary Use is being amended to be in accord with the same time frame stated in the other UDC sections, such as in 3.21.4 Temporary Use Permit and 5.4 Temporary Use Standards. The definition of Contractor is being amended to reference the general term used throughout the UDC rather than someone who constructs only flatwork. The definition of Promotional Event is being amended to encompass more activities and events as in 5.4.3 Promotional Events rather than only carnivals and circuses. 2. Table 4.3.2: Industrialized/Modular Housing and Manufactured Housing is being added to the Permitted Uses Table of the Single -Family Districts to clarify that Industrialized / Modular Housing is allowed while Manufactured Housing is not. Under group homes, the spelling of `residents' is corrected. 3. Table 4.3.3: The total side setback in Residential Development for the RS -15 and RS -10 Single -Family Districts is being corrected. Two five-foot setbacks are required. The total side setback was added incorrectly. 4. Table 4.3.4: Industrialized/Modular Housing is being added to the description of a Single -Family Detached House to clarify where it is allowed and which standards must be followed. 5. 5.1.2.A: Household Living Use Categories is being amended to include Industrialized/Modular Housing as a Principal Use and Manufactured Homes as a use not included. The purpose is to improve the readability of the UDC. 6. 5.5.3.E.6: Wireless Communication Facilities Setbacks is being amended to correct the deciding board on setback variances from the City Council to the Board of Adjustments. 7. 7.5.3.A.1: Single Tenant Freestanding Sign is being amended to correct verbiage about the size of the sign by adding `square' to complete `square feet'. 8. 7.5.3.C.1: Multi -Tenant Freestanding Sign is being amended to correct verbiage about the size of the sign by adding `square' to complete `square feet'. 9. 7.5.27.D.10: This section the definition of 'legible' is being amended to change the location of the driver's license mentioned in the description from Florida to Texas. 10. 8.2.1.B.3: The dedication of all streets will change from 'fee simple' to 'the form of street right-of-way easements' to reflect the manner in which developers dedicate streets today and historically. 11. Table 8.2.1.0 and 8.2.1.D: Non -local and rural street standards — Increasing the sidewalk width from four feet to five feet for minor residential collectors to be consistent with MobilityCC; adding corresponding abbreviations to the roadway types; and correcting the average daily trips to be consistent with Mobility CC and the Urban Transportation Plan. ALTERNATIVES: Denial or alteration of the proposed text amendments. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO POLICY: The proposed text amendments conform to City policy. EMERGENCY /NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital tZ 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: None RECOMMENDATION: Staff and Planning Commission recommend approval of the amendments. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending the Unified Development Code by revising subsection 1.11.3 "Defined Terms", table 4.3.2 "Permitted Uses", table 4.3.3 "Residential Development Standards (Single - Family Districts)", table 4.3.4 "Housing Types", subsections 5.1.2.A "Household Living", 5.5.3.E.6 "Setbacks (for) Wireless Telecommunication Facilities", 7.5.3.A.1 "Single Tenant Freestanding Sign", 7.5.3.C.1 "Multi-tenant(3 or more tenants) Freestanding Sign", 7.5.27.D.10 "Definition (of) Legible", 8.2.1.6.3 "Street Right -of -Way Dimensional Standards", table 8.2.1.0 "Non -Local Street Standards", and table 8.2.1.D "Rural Street Standards" providing for severance; providing for penalties; and providing for publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding this amendment of the City's Unified Development Code ("UDC"); WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 13, 2016, during a meeting of the Planning Commission, and on Tuesday, February 9, 2016, 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 to the UDC would best serve the public's health, necessity, convenience, and the general welfare of the City and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. UDC Article 1, "General Provisions," section 1.11.3 "Defined Terms" is amended by revising the text to read as follows. Article 1. General Provisions 1.11 Definitions 1.11.3: Defined Terms Developer: Any non -taxing agency, person, partnership, firm, association, corporation, or entity who does or participates in platting a tract into improved properties within the intent, scope, and purview of this Code that will ultimately have the ability to obtain building permits for new -any construction. Any officer, agent, employee, servant or trustee acting on behalf of a developer shall be subject to the same requirements to the extent the person is acting in a representative capacity. The singular shall include the plural, and the plural shall include the singular. Ordinance - UDC Text Amendments 1 Jan Page 1 of 7 Construction, New: December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. A structure designed, intended, constructed, erected, or moved for the structure's first occupant or tenant. Temporary Use: A non -permanent use of land that lasts, or is permitted to last, for a set amount of time. period equal to or less than 30 calendar days. Contractor: Any person, firm, association or corporation engaged in the business of constructing buildings, either residences or commercial structures, including but not limited to any plumbing, heating, roofing, remodeling, excavating, paving, highway, infrastructure, and utility construction. or altering walks, driveway approaches, curbs, gutters or This term shall also include those who represent themselves to be engaged in the business whether or not actually doing the work. Promotional event: A planned social occasion or activity requiring advertising, publicity, or discounting an event including but not limited to a -carnivals, circuses, fairs, sales events, concerts, functions, or any similar temporary event or amusement enterprise produced for a nonresidential use. SECTION 2. UDC Article 4, "Base Zoning," section 4.3, "Single -Family Residential Districts," subsections/tables 4.3.2, 4.3.3, and 4.3.4 of the UDC, entitled "Permitted Uses" and "Housing Types" are amended by revising the text to read as follows: Article 4. Base Zoning 4.3 Single -Family Residential Districts 4.3.2. Permitted Uses Ordinance - UDC Text Amendments 1 Jan Page 2 of 7 Table 4.3.2 Permitted Uses (Single-family districts) SINGLE-FAMILY DISTRICTS P = Permitted Use SP = Special Permit L = Subject to Limitations [blank cell] = Not Permitted SUE = Special Use Exception Not Permitted FR FR RE RS- 22 RS - 15 RS - 10 RS -6 RS- 4.5 Standards Residential Uses 15,000 10,000 Single-family detached house except P P P P P P P 45 Industrialized / Modular Housing L L L L L L L 4.3.7 Manufactured Homes 25 50 10 20 5 5 1-510 1-510 5 10 5 10 Rear 25 6.1.1 Zero lot line house [RE provides for 1 acre lots whereby zero lot line configurations are not necessary.] 5 5 L L L L L L 4.3.5 Traditional house 30% Max. Height (ft.) L L L L L 4.3.5 Semi -attached house L L 4.3.5 Group home [6 or fewer residences residents] P P P P P P P Public and Civic Uses 4.3.3. Residential Development Standards (Single Family) Table 4.3.3 Residential Deve opment (single-family districts) SINGLE-FAMILY FR RE RS -22 RS -15 RS -10 RS -6 RS -4.5 Min Lot Area 5 ac. 1 ac. 22,000 15,000 10,000 6,000 4,500 Min. Lot Width (Ft.) 150 150 100 50 85 50 45 Min. Yards (ft.) Street Street (corner) 50 25 50 25 25 25 25 25 20 See 4.2.10 Side (single) Side (total) 25 50 25 50 10 20 5 5 1-510 1-510 5 10 5 10 Rear 25 15 10 5 5 5 5 Min. Open Space 30% 30% 30% 30% 30% Max. Height (ft.) 45 35 35 35 35 35 35 4.3.4. Housing Types Table 4.3.4 Housing Types DESCRIPTION ILLUSTRATION Single -Family Detached House A dwelling unit located on a single lot with private yards on all four sides. (Industrialized/Modular Housing is 0 ,, considered a single-family detached house. See Subsection 4.3.7) Ordinance - UDC Text Amendments I Jan Page 3 of 7 SECTION 3. UDC Article 5, "Use Regulations", subsections/table 5.1.2.A and 5.5.3.E.6; entitled "Household Living" and "Setbacks" are amended by revising the text to read as follows: Article 5. Use Regulations 5.1 Use Categories 5.1.2.A. Household Living Characteristics: Residential occupan basis in structures with self-contained Principal Uses Apartment Cottage Housing Development Manufactured homes or subdivisions Semi -attached house Single-family detached house Industrialized/Modular Housing Townhouse Traditional house Two-family house Upper -story residential unit Zero lot line house cy of a dwelling unit by a househol dwellin. units includin. kitchens. Accessory Uses Accessory dwelling unit* Accessory structure that does not involve the conduct of business on the lot Ancillary indoor storage Animal pen* Fenced pasture* Dock or pier (noncommercial) Children's play area or equipment Greenhouse or nursery, personal Home occupation* Off-street parking of occupants' registered vehicles Private garage*, barbecue pit, carport, tool or garden shed, storage unit, swimming pool Raising of domesticated pets Residential leasing office in an RM District Satellite dish antenna under 3.2 feet* d on a month-to-month or longer Uses Not Included Assisted living facility (see Group Living) Bed and breakfast home or inn, hotel, motel, inn, extended -stay facility (see Overnight Accommodations) Boarding, rooming or lodging house (see Group Living) Fraternity or sorority (see Group Living) Nursing home (see Group Living) Manufactured homes (See section 6.1.1) *See additional standards in Subsection 5.3.2 5.5 Wireless Telecommunication Facilities 5.5.3.E : Setbacks 6. The City Council The Board of Adjustment may allow the construction of wireless telecommunication facility that is adjacent to a residential dwelling within the setback required by this subsection if the tower including any antennas and other devices installed on the tower, are built to substantially higher wind load standards. The setback from the nearest residential structure may be reduced to the minimum required yard setbacks if the tower will withstand a sustained wind speed of 130 mph, which is equal to the highest recorded sustained wind speeds experienced within the City. Ordinance - UDC Text Amendments 1 Jan Page 4 of 7 SECTION 4.UDC Article 7, "General Development Standards", section 7.5 "Signs", subsections 7.5.3.A, 7.5.3.C, and 7.5.27.D entitled "Single Tenant Freestanding Sign", "Multi -tenant (3 or more tenants) Freestanding Sign", and "Definitions of Specific Words" are amended by revising the text to read as follows: Article 7: General Development Standards 7.5 Signs 7.5.3.A Single Tenant Freestanding Sign 1.Freestanding signs placed within this minimum front yard depth as specified in Article 4 are not to exceed 64 square feet in area er-and 20 feet in height. Such sign located within the front yard shall not overhang or project into the public right-of-way nor utilize or incorporate flashing illumination. In the event two front yards overlap at a corner, the area of overlap shall be designated as only one front yard. 7.5.3.0 Multi -tenant (3 or more tenants) Freestanding Sign 1.Freestanding signs placed within the minimum front yard depth as specified in Article 4 are not to exceed 64 square feet in area er-and 20 feet in height. Such sign located within the front yard shall not overhang or project into the public right-of-way nor utilize or incorporate flashing illumination. In the event of two front yards overlap at a corner, the area of overlap shall be designated as only one front yard. 7.5.27.D Definitions of Specific Words 10. Legible. A sign or message is "Legible" when it can be understood by a person with an eighth -grade education (or more). Where this Section requires a determination of "visibility" or "legibility," the standard may be based on the eyesight of an adult eligible to receive a Florida Texas driver's license (wearing any corrective lenses required by such license). Where the height of the person is material to the determination, the person may be presumed to be more than 5 feet and less than 6 feet tall. SECTION 5. UDC Article 8," Subdivision Design and Improvements," subsection/tables 8.2.1.B.3, 8.2.1.C, and 8.2.1.D, entitled "Street Right -of -Way Dimensional Standards" are amended by revising the text to read as follows: Article 8 Subdivision Design and Improvements 8.2 Design Standards 8.2.1.6.3 The dedication of all streets shall be in fcc simplc. the form of street right-of- way (ROW) easements. Ordinance - UDC Text Amendments 1 Jan Page 5 of 7 Table 8.2.1.0 Non -Local Street Standards Table Table 8.2.1.D Rural Street Standards ROW Width (ft.) BB Width (ft.) Through Lanes Median/ Turn Lane Spacing (miles) Sidewalk** (ft.) Back of Curb to Property Line (ft.) Avg. Daily Trips Non -local 26 2 -- No No 34 Minor Rural Arterial (RA1) 125 Streets* 2 -- No No 40.5 Secondary Rural (RA2) 150 Minor Res. Collector (C1) 60 40 2 No 0.25 to 0.50 5 10 1,000 - 3,000 Secondary 4 Median v -ditch No shoulder Center 0.25 to * Sidewalks are not required in industrial areas. 2,000 - 5,250 Collector (C2) 65 41 3 turn 0.50 5 12 5, 500 Primary 0.25 to Collector(C3) 75 50 4 No 0.50 5 12.5 4,000 — 8,500 8;20 Parkway80 Collector (P1) 40 2 -- 0.25 to 0.50 5 14.5 to 25.5 1,000 - 3,000 5,250 Minor Arterial (A1) 95 64 4 Center turn 1.0 to 1.5 5 15.5 15,000 - 24,000 Secondary Arterial (A2) 100 54 4 Median 10 to. 1.5 5 15 20,000 - 32,000 2,500 Primary Arterial (A3) 130 79 6 Median 10 to. 1.5 5 17.5 30,000 - 48,000 36-000 Freeway (FR) 400 Varies 4-10 Median -- No 19 -- 60,000 — 200,000 *Non -local streets contain curb, gutter and underground drainage. **Sidewalks are not required in industrial areas. Table 8.2.1.D Rural Street Standards Ordinance - UDC Text Amendments 1 Jan Page6of7 ROW Width (ft.) Pavement Width (ft.) Lanes V -Ditch or Left Turn Bikeway Capable Sidewalk* Roadside Ditch Width Local rural Streets 60 26 2 -- No No 34 Minor Rural Arterial (RA1) 125 44 2 -- No No 40.5 Secondary Rural (RA2) 150 82 4 Center turn No shoulder No 41.5 Primary Rural Arterial (RA3) 250 76 4 Median v -ditch No shoulder No 48 * Sidewalks are not required in industrial areas. Ordinance - UDC Text Amendments 1 Jan Page6of7 SECTION 6. If for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgement of a court of competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. SECTION 7. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1, and Article 10 of the UDC. SECTION 8. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez 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 day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance -UDC Text Amendments Jan I final Page 7 of 7 Ordinance amending the Unified Development Code by revising subsection 1.11.3 "Defined Terms", table 4.3.2 "Permitted Uses", table 4.3.3 "Residential Development Standards (Single -Family Districts)", table 4.3.4 "Housing Types", subsections 5.1.2.A "Household Living", 5.5.3.E.6 "Setbacks (for) Wireless Telecommunication Facilities", 7.5.3.A.1 "Single Tenant Freestanding Sign", 7.5.3.C.1 "Multi- tenant(3 or more tenants) Freestanding Sign", 7.5.27.D.10 "Definition (of) Legible", 8.2.1.6.3 "Street Right -of -Way Dimensional Standards", table 8.2.1.0 "Non -Local Street Standards", and table 8.2.1.D "Rural Street Standards" providing for severance; providing for penalties; and providing for publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding this amendment of the City's Unified Development Code ("UDC"); WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 13, 2016, during a meeting of the Planning Commission, and on Tuesday, February 9, 2016, 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 to the UDC would best serve the public's health, necessity, convenience, and the general welfare of the City and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. UDC Article 1, "General Provisions," section 1.11.3 "Defined Terms" is amended by revising the text to read as follows. Article 1. General Provisions 1.11 Definitions 1.11.3: Defined Terms Developer: Any non -taxing agency, person, partnership, firm, association, corporation, or entity who does or participates in platting a tract into improved properties within the intent, scope, and purview of this Code that will ultimately have the ability to obtain building permits for new -any construction. Any officer, agent, employee, servant or trustee acting on behalf of a developer shall be subject to the same requirements to the extent the person is acting in a representative capacity. The singular shall include the plural, and the plural shall include the singular. Construction, New: December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. A structure designed, intended, constructed, erected, or moved for the structure's first occupant or tenant. Temporary Use: A non -permanent use of land that lasts, or is permitted to last, for a set amount of time. period equal to or less than 30 calendar days. Contractor: Any person, firm, association or corporation engaged in the business of constructing buildings, either residences or commercial structures, including but not limited to any plumbing, heating, roofing, remodeling, excavating, paving, highway, infrastructure, and utility construction. or altering walks, driveway approaches, curbs, gutters or This term shall also include those who represent themselves to be engaged in the business whether or not actually doing the work. Promotional event: A planned social occasion or activity requiring advertising, publicity, or discounting an event including but not limited to a -carnivals, circuses, fairs, sales events, concerts, functions, or any similar temporary event or amusement enterprise produced for a nonresidential use. SECTION 2. UDC Article 4, "Base Zoning," section 4.3, "Single -Family Residential Districts," subsections/tables 4.3.2, 4.3.3, and 4.3.4 of the UDC, entitled "Permitted Uses" and "Housing Types" are amended by revising the text to read as follows: Article 4. Base Zoning 4.3 Single -Family Residential Districts 4.3.2. Permitted Uses Ordinance -UDC Text Amendments Jan I final_rev 2-10-2016 Page 2 of 7 4.3.3. Residential Development Standards (Single Family) Table 4.3.3 Residential Deve opment (single-family districts) SINGLE-FAMILY FR RE RS -22 RS -15 RS -10 RS -6 RS -4.5 Min Lot Area 5 ac. 1 ac. 22,000 15,000 10,000 6,000 4,500 Min. Lot Width (Ft.) 150 150 100 50 85 50 45 Min. Yards (ft.) Street Street (corner) 50 25 50 25 25 25 25 25 20 See 4.2.10 Side (single) Side (total) 25 50 25 50 10 20 5 5 1510 1-510 5 10 5 10 Rear 25 15 10 5 5 5 5 Min. Open Space L L 30% 30% 30% 30% 30% Max. Height (ft.) 45 35 35 35 35 35 35 Table 4.3.2 Permitted Uses (Single-family districts) SINGLE-FAMILY DISTRICTS P = Permitted Use SP = Special Permit L = Subject to Limitations SUE = Special Use Exception [blank cell] = Not Permitted FR RE RS- 22 RS - 15 RS - 10 RS -6 RS- 4.5 Standards Residential Uses Single-familydetached house except P P P P P P P Industrialized / Modular Housing L L L L L L L 4.3.7 Manufactured Homes 6.1.1 Zero lot line house [RE provides for 1 acre lots whereby zero lot line configurations are not necessary.] L L L L L L 4.3.5 Traditional house L L L L L 4.3.5 Semi -attached house L L 4.3.5 Group home [6 or fewer residences residents] P P P P P P P Public and Civic Uses 4.3.4. Housing Types Table 4.3.4 Housing Types DESCRIPTION ILLUSTRATION Single -Family Detached House A dwelling unit located on a single lot with private yards on all four sides. (Industrialized/Modular Housing is considered a 1 ,: u,;; i single-family detached house. See Subsection 4.3.7) Ordinance -UDC Text Amendments Jan I final rev 2-10-2016 Page 3of7 SECTION 3. UDC Article 5, "Use Regulations", subsections/table 5.1.2.A and 5.5.3.E.6; entitled "Household Living" and "Setbacks" are amended by revising the text to read as follows: Article 5. Use Regulations 5.1 Use Categories 5.1.2.A. Household Living Characteristics: Residential occupan basis in structures with self-contained Principal Uses Apartment Cottage Housing Development Manufactured homes or subdivisions Semi -attached house Single-family detached house Industrialized/Modular Housing Townhouse Traditional house Two-family house Upper -story residential unit Zero lot line house cy of a dwelling unit by a househol dwellin. units includin. kitchens. Accessory Uses Accessory dwelling unit* Accessory structure that does not involve the conduct of business on the lot Ancillary indoor storage Animal pen* Fenced pasture* Dock or pier (noncommercial) Children's play area or equipment Greenhouse or nursery, personal Home occupation* Off-street parking of occupants' registered vehicles Private garage*, barbecue pit, carport, tool or garden shed, storage unit, swimming pool Raising of domesticated pets Residential leasing office in an RM District Satellite dish antenna under 3.2 feet* d on a month-to-month or longer Uses Not Included Assisted living facility (see Group Living) Bed and breakfast home or inn, hotel, motel, inn, extended -stay facility (see Overnight Accommodations) Boarding, rooming or lodging house (see Group Living) Fraternity or sorority (see Group Living) Nursing home (see Group Living) *See additional standards in Subsection 5.3.2 5.5 Wireless Telecommunication Facilities 5.5.3.E : Setbacks 6. The City Council The Board of Adjustment may allow the construction of wireless telecommunication facility that is adjacent to a residential dwelling within the setback required by this subsection if the tower including any antennas and other devices installed on the tower, are built to substantially higher wind load standards. The setback from the nearest residential structure may be reduced to the minimum required yard setbacks if the tower will withstand a sustained wind speed of 130 mph, which is equal to the highest recorded sustained wind speeds experienced within the City. Ordinance -UDC Text Amendments Jan I final_rev 2-10-2016 Page 4 of 7 SECTION 4.UDC Article 7, "General Development Standards", section 7.5 "Signs", subsections 7.5.3.A, 7.5.3.C, and 7.5.27.D entitled "Single Tenant Freestanding Sign", "Multi -tenant (3 or more tenants) Freestanding Sign", and "Definitions of Specific Words" are amended by revising the text to read as follows: Article 7: General Development Standards 7.5 Signs 7.5.3.A Single Tenant Freestanding Sign 1.Freestanding signs placed within this minimum front yard depth as specified in Article 4 are not to exceed 64 square feet in area er-and 20 feet in height. Such sign located within the front yard shall not overhang or project into the public right-of-way nor utilize or incorporate flashing illumination. In the event two front yards overlap at a corner, the area of overlap shall be designated as only one front yard. 7.5.3.0 Multi -tenant (3 or more tenants) Freestanding Sign 1.Freestanding signs placed within the minimum front yard depth as specified in Article 4 are not to exceed 64 square feet in area er-and 20 feet in height. Such sign located within the front yard shall not overhang or project into the public right-of-way nor utilize or incorporate flashing illumination. In the event of two front yards overlap at a corner, the area of overlap shall be designated as only one front yard. 7.5.27.D Definitions of Specific Words 10. Legible. A sign or message is "Legible" when it can be understood by a person with an eighth -grade education (or more). Where this Section requires a determination of "visibility" or "legibility," the standard may be based on the eyesight of an adult eligible to receive a Florida Texas driver's license (wearing any corrective lenses required by such license). Where the height of the person is material to the determination, the person may be presumed to be more than 5 feet and less than 6 feet tall. SECTION 5. UDC Article 8," Subdivision Design and Improvements," subsection/tables 8.2.1.B.3, 8.2.1.C, and 8.2.1.D, entitled "Street Right -of -Way Dimensional Standards" are amended by revising the text to read as follows: Article 8 Subdivision Design and Improvements 8.2 Design Standards 8.2.1.6.3 The dedication of all streets shall be in fee simple. the form of street right-of-way (ROW) easements. Ordinance -UDC Text Amendments Jan I final_rev 2-10-2016 Page 5 of 7 Table 8.2.1.0 Non -Local Street Standards Table Table 8.2.1.D Rural Street Standards ROW Width (ft.) BB Width (ft.) Through Lanes Median/ Turn Lane Spacing (miles) Sidewalk** (ft.) Back of Curb to Property Line (ft.) Avg. Daily Trips Non -local 26 2 -- No No 34 Minor Rural Arterial (RA1) 125 Streets* 2 -- No No 40.5 Secondary Rural (RA2) 150 Minor Res. Collector (C1) 60 40 2 No 0.25 to 0.50 Nt 5 10 1,000 - 3,000 Secondary 4 Median v -ditch No shoulder Center 0.25 to * Sidewalks are not required in industrial areas. 2,000 - 5,250 Collector (C2) 65 41 3 turn 0.50 5 12 5, 500 Primary 0.25 to Collector(C3) 75 50 4 No 0.50 5 12.5 4,000 — 8,500 8;20 Parkway80 Collector (P1) 40 2 -- 0.25 to 0.50 5 14.5 to 25.5 1,000 - 3,000 5,250 Minor Arterial (A1) 95 64 4 Center turn 1.0 to 1.5 5 15.5 15,000 - 24,000 Secondary Arterial (A2) 100 54 4 Median 10 to. 1.5 5 15 20,000 - 32,000 2,500 Primary Arterial (A3) 130 79 6 Median 10 to. 1.5 5 17.5 30,000 - 48,000 36,000 Freeway (FR) 400 Varies 4-10 Median -- No 19 -- 60,000 — 200,000 *Non -local streets contain curb, gutter and underground drainage. **Sidewalks are not required in industrial areas. Table 8.2.1.D Rural Street Standards Ordinance -UDC Text Amendments Jan I final rev 2-10-2016 Page6of7 ROW Width (ft.) Pavement Width (ft.) Lanes V -Ditch or Left Turn Bikeway Capable Sidewalk* Roadside Ditch Width Local rural Streets 60 26 2 -- No No 34 Minor Rural Arterial (RA1) 125 44 2 -- No No 40.5 Secondary Rural (RA2) 150 82 4 Center turn No shoulder No 41.5 Primary Rural Arterial (RA3) 250 76 4 Median v -ditch No shoulder No 48 * Sidewalks are not required in industrial areas. Ordinance -UDC Text Amendments Jan I final rev 2-10-2016 Page6of7 SECTION 6. If for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgement of a court of competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. SECTION 7. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1, and Article 10 of the UDC. SECTION 8. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez 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 day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance -UDC Text Amendments Jan 1 final_rev 2-10-2016 Page 7 of 7 AGENDA MEMORANDUM Future Item for the City Council Meeting of February 9, 2016 Action Item for the City Council Meeting of February 16, 2016 DATE: January 28, 2016 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Appointment of Financial Advisor for Certificates of Obligation CAPTION: Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for the of City of Corpus Christi, Texas, Combination Tax and Limited Pledge Certificates of Obligation, Series 2016A in an amount not to exceed $18,140,037. PURPOSE: The City plans on issuing one or more series of certificates of obligation in an amount not to exceed $18,140,037 for the purpose of paying contractual obligations to complete the street projects from Proposition 1 in Bond 2012. BACKGROUND AND FINDINGS: Issuance of bonds requires utilization of a financing team which is made up of three parts: the financial advisor, bond counsel, and the underwriting syndicate. This agenda item authorizes the appointment of M. E. Allison & Co., Inc. as financial advisor for these transactions. See Exhibit A for the Financial Advisor's fee schedule. Fulbright & Jaworski L.L.P. is currently under contract with the City to serve as the City's bond counsel and will serve as the second part of our financing team. The third part of the financing team is the underwriters, and selection of the syndicate of underwriters from the City's pool of approved underwriters is being recommended for delegation to the Mayor, City Manager, Assistant City Manager, and Director of Financial Services. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: n/a DEPARTMENTAL CLEARANCES: • Financial Services • Bond Counsel • City Attorney's Office FINANCIAL IMPACT: X Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - - - - Encumbered/Expended amount of (date) - - - - This item - - - - BALANCE - - - - FUND(S): CIP Funds COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Exhibit A — Financial Advisor Fee Schedule I NVESTMENT BANKERS FINANCIAL ADVISORY FEE SCHEDULE GENERAL OBLIGATION BONDS More than And Not More than $ $ 250,000 $7,500 plus $20.00 per $1,000 for all over $150,000 250,000 350,000 $9,500 plus $10.00 per $1,000 for all over $250,000 350,000 500,000 $10,500 plus $8.00 per $1,000 for all over $350,000 500,000 700,000 $11,700 plus $7.00 per $1,000 for all over $500,000 700,000 1,000,000 $13,100 plus $6.00 per $1,000 for all over $700,000 1,000,000 1,500,000 $14,900 plus $5.00 per $1,000 for all over $1,000,000 1,500,000 5,000,000 $17,400 plus $3.00 per $1,000 for all over $1,500,000 5,000,000 10,000,000 $27,900 plus $1.65 per $1,000 for all over $5,000,000 10,000,000 20,000,000 $36,150 plus $1.00 per $1,000 for all over $10,000,000 20,000,000 No Limit $46,150 plus $0.85 per $1,000 for all over $20,000,000 REVENUE BONDS AND COMBINATION TAX & REVENUE CERTIFICATES OF OBLIGATION In the event the Bonds to be issued are Revenue Bonds or Combination Tax and Revenue Certificates of Obligation, Refunding, Direct Pay Subsidy or Lease Purchase Obligations, the fee shall be the amount computed from the above schedule, plus 25%. EXHIBIT A AGENDA MEMORANDUM Future Item for the City Council Meeting of February 9, 2016 Action Item for the City Council Meeting of February 16, 2016 DATE: January 28, 2016 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Notice of Intention to Issue Certificates of Obligation CAPTION: Resolution by the City Council of the City of Corpus Christi, Texas, authorizing and approving publication of Notice of Intention to issue Certificates of Obligation; complying with the requirements contained in Securities and Exchange Commission Rule 15c2-12; and providing an effective date. PURPOSE: The City plans on issuing one or more series of certificates of obligation in a combined amount not to exceed $18,140,037 for the purpose of paying contractual obligations necessary to complete the street projects from Proposition 1 in Bond 2012. BACKGROUND AND FINDINGS: During the City Council meetings on January 27, 2015, February 17, 2015, and April 21 2015, City staff presented the City Council information related to the Bond 2012 street program. As a result of the April 21, 2015 update, the City Council unanimously approved Resolution 030482 which contained eight sections related to the Bond 2012 street program. The first item indicated, "To the extent that the funds authorized under the Bond 2012 Proposition 1 are insufficient to cover total project costs, the City will issue Certificates of Obligation (COs) to provide additional funding." On January 19, 2016, an update was made to the City Council regarding the status of the Bond 2012 street program. The current estimates for the remaining street projects are short by over $18,000,000 on the following projects: South Alameda Street (Ayers Street to Louisiana Avenue) - $ 3,058,000 South Staples Street (Brawner Parkway to Kostyoryz Road) - $ 7,000,000 Leopard Street (Crosstown to Palm Drive) - $ 4,168,000 Morgan Avenue (Staples Street to Crosstown Expressway) - $ 2,884,000 Twigg Street (Shoreline Boulevard to Lower Broadway) - $ 1,100,000 Savings from Tuloso Road (IH 37 to Leopard Street) - ($ 69,963) $18,140,037 To fund this shortfall, the City plans on issuing one or more series of Certificates of Obligation in a combined amount not to exceed $18,140,037. This does not obligate the City into issuing all or any of the $18,140,037 in obligations, but we will have the latitude to do so in the event that some of the estimates are less than the actual cost of construction. City staff is required, however, to obtain City Council approval prior to each issuance of the Certificates of Obligation, and so the City Council will be aware of all amounts being sold. The Certificates of Obligation Act provides that Certificates of Obligation can be sold for cash only in certain circumstances, such as to address a public emergency or if the Certificates of Obligation are benefitted by a revenue pledge. As a result, municipalities who do not fall under these emergency categories are required to pledge as additional security for their Certificates of Obligation, some source of revenue stream that is authorized to be pledged under Texas law. This pledge oftentimes takes the form of a limited amount ($1,000) that the Texas Attorney General accepts as satisfying this revenue pledge requirement. The alternative (since the contemplated public improvements are not emergencies) to not pledging a revenue source and selling the Certificates of Obligation for cash would be to exchange the Certificates of Obligation directly with the provider of the goods or services — which would be prohibitively cumbersome for the City. Because of this requirement in the Certificates of Obligation Act and under advisement of the City's bond counsel and the City's financial advisor, the City is proposing to pledge $1,000 (one time) of Solid Waste System revenue to these certificates of obligation. By doing so, the legal requirements of the Certificates of Obligation Act will be satisfied - with a nominal effect to the Solid Waste System. This Solid Waste System revenue pledge will be disclosed in the City's notice of intention to issue these Certificates of Obligation. State law requires that a notice of intention be published when Certificates of Obligation are to be sold. The notice must be published once a week for two consecutive weeks in a newspaper, with the date of the first publication to be before the 30th day before the date tentatively set for the passage of the ordinance authorizing the issuance of the certificates. The ordinance authorizing the issuance of the first series of certificates is tentatively scheduled as a first reading on March 29, 2016 with a second and final reading on April 12, 2016. The City anticipates publishing this notice in the Corpus Christi Caller -Times on Sunday, February 28, 2016 and Sunday, March 6, 2016. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: n/a DEPARTMENTAL CLEARANCES: • Financial Services • Engineering Services • Bond Counsel • City Attorney's Office FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - $ 18,140,037 - $ 18,140,037 Encumbered/Expended amount of (date) - - - - This item - $ 18,140,037 - $ 18,140,037 BALANCE - - - - FUND(S): CIP Fund COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution RESOLUTION RESOLUTION BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS AUTHORIZING AND APPROVING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION; COMPLYING WITH THE REQUIREMENTS CONTAINED IN SECURITIES AND EXCHANGE COMMISSION RULE 15c2-12; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the City Council) of the City of Corpus Christi, Texas (the City) has determined that it is advisable and necessary to issue and sell one or more series of certificates of obligation (the Certificates) in an amount not to exceed $18,140,037 as provided pursuant to the provisions of the Certificate of Obligation Act of 1971, as amended, Texas Local Government Code, Section 271.041 through Section 271.064, for the purpose of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, to -wit: (1) constructing, renovating, equipping, enlarging, and improving City streets (including utilities repair, replacement, and relocation), including curb, gutters, sidewalks, and drainage improvements necessary or incidental thereto; (2) the purchase of materials, supplies, equipment, machinery, landscaping, land, and rights-of-way for authorized needs and purposes relating to the aforementioned capital improvements; and (3) the payment of professional services related to the design, construction, project management, and financing of the aforementioned projects; and WHEREAS, prior to the offering, sale, and issuance of the Certificates, the appropriate officials of the City must review and approve the distribution of a "deemed final" preliminary official statement (the Official Statement) in order to comply with the requirements contained in 17 C.F.R. §240.15c2-12 (the Securities and Exchange Commission Rule); and WHEREAS, based upon their review of the Official Statement, the appropriate officials of the City must find to the best of their knowledge and belief, after reasonable investigation, that the representations of facts pertaining to the City contained in the Official Statement are true and correct and that, except as disclosed in the Official Statement, there are no facts pertaining to the City that would adversely affect the issuance of the Certificates or the City's ability to pay the debt service requirements on the Certificates when due; and WHEREAS, the City Council will comply with the requirements contained in the Securities and Exchange Commission Rule concerning the creation of a contractual obligation between the City and the proposed purchaser(s) of the Certificates (the Purchasers) to provide the Purchasers with an Official Statement in a time and manner that will enable the Purchasers to comply with the distribution requirements and continuing disclosure requirements contained in the Securities and Exchange Commission Rule; and WHEREAS, the City Council authorizes the Mayor, the City Manager, the City Secretary, and the City Attorney, as appropriate, or their designees, to review, approve, and execute any document or certificate in order to allow the City to comply with the requirements contained in the Securities and Exchange Commission Rule; and 82415805.4 WHEREAS, prior to the issuance of the Certificates, the City Council is required to publish notice of its intention to issue the Certificates in a newspaper of general circulation in the City, such notice stating (i) the time and place the City Council tentatively proposes to pass the ordinance authorizing the issuance of the Certificates, (ii) the maximum amount proposed to be issued, (iii) the purposes for which the Certificates are to be issued, (iv) and the manner in which the City Council proposes to pay the Certificates; and WHEREAS, the City Council hereby finds and determines that such documents pertaining to the sale of the Certificates should be approved, and the City should proceed with the giving of notice of intention to issue the Certificates in the time, form, and manner provided by law; and WHEREAS, the City Council hereby finds and determines that the adoption of this Resolution is in the best interests of the residents of the City; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Secretary is hereby authorized and directed to cause notice to be published of the City Council's intention to issue the Certificates in an amount not to exceed $18,140,037 for the purpose of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, to -wit: (1) constructing, renovating, equipping, enlarging, and improving City streets (including utilities repair, replacement, and relocation), including curb, gutters, sidewalks, and drainage improvements necessary or incidental thereto; (2) the purchase of materials, supplies, equipment, machinery, landscaping, land, and rights-of-way for authorized needs and purposes relating to the aforementioned capital improvements; and (3) the payment of professional services related to the design, construction, project management, and financing of the aforementioned projects. The Certificates will be payable from the levy of an annual ad valorem tax, within the limitations prescribed by law, upon all taxable property within the City and additionally from a pledge of and lien on certain revenues derived from the operation of the City's solid waste system. The notice hereby approved and authorized to be published shall read substantially in the form and content of Exhibit A attached hereto, which notice is incorporated herein by reference as a part of this Resolution for all purposes. SECTION 2. The City Secretary shall cause the notice described in Section 1 to be published in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication shall be at least thirty (30) days prior to the date stated therein for passage of the ordinance authorizing the issuance of the Certificates. SECTION 3. The City Manager, Deputy City Manager, Assistant City Manager for General Government and Operations Support, and the Director of Finance, as appropriate, or their designees, are authorized to review and approve the Official Statement pertaining to the offering, sale, and issuance of the Certificates and to execute any document or certificate in order to comply with the requirements contained in the Securities and Exchange Commission Rule. 82415805.4 - 2 SECTION 4. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. SECTION 5. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. SECTION 6. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 7. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 8. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 9. This Resolution shall be in force and effect from and after the date of its adoption, and it is so resolved. [The remainder of this page intentionally left blank.] 82415805.4 - 3 PASSED AND APPROVED, this the 16th day of February, 2016. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) APPROVED THIS 16TH DAY OF FEBRUARY, 2016: Miles Risley, City Attorney 82415805.4 S-1 THE STATE OF TEXAS )( COUNTY OF NUECES )( I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of a Resolution passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 16th day of February, 2016, relating to establishing the City's intention to publish a notice of intention concerning the issuance of certificates of obligation, which Resolution is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the 16th day of February, 2016. City Secretary (CITY SEAL) 82415805.4 S-2 The foregoing resolution was passed on this the 16th day of February, 2016, by the following vote: Nelda Martinez Rudy Garza, Jr. Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn PASSED AND APPROVED, this the day of , 2016. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor 82415805.4 S-3 Exhibit A NOTICE OF INTENTION TO ISSUE CITY OF CORPUS CHRISTI, TEXAS CERTIFICATES OF OBLIGATION NOTICE IS HEREBY GIVEN that the City Council of the City of Corpus Christi, Texas will convene at its regular meeting place in the City Hall in Corpus Christi, Texas, at 11:30 o'clock A.M., Corpus Christi, Texas time on April 16, 2016, and, during such meeting, the City Council will consider the passage of an ordinance or ordinances and take such other actions as may be deemed necessary to authorize the issuance of one or more series of certificates of obligation in an aggregate principal amount not to exceed $18,140,037 for the purpose or purposes of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, to -wit: (1) constructing, renovating, equipping, enlarging, and improving City streets (including utilities repair, replacement, and relocation), including curb, gutters, sidewalks, and drainage improvements necessary or incidental thereto; (2) the purchase of materials, supplies, equipment, machinery, landscaping, land, and rights-of-way for authorized needs and purposes relating to the aforementioned capital improvements; and (3) the payment of professional services related to the design, construction, project management, and financing of the aforementioned projects. The certificates of obligation (the Certificates) will be payable from the levy of an annual ad valorem tax, within the limitations prescribed by law, upon all taxable property within the City and from a lien on and pledge of certain revenues derived by the City from the operation of the City's solid waste system. The Certificates are to be issued, and this notice is given, under and pursuant to the provisions of the Certificate of Obligation Act of 1971, as amended, Texas Local Government Code Section 271.041 through Section 271.064, Section 363.135, as amended, Texas Health and Safety Code, and the City's Home Rule Charter. 82415805.4 A-1 /s/ Rebecca Huerta City Secretary, City of Corpus Christi, Texas AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of 2/16/16 Second Reading Ordinance for the City Council Meeting of 2/23/16 DATE: January 26, 2016 TO: Ronald L. Olson, City Manager FROM: Laura Z. Garcia, Library Director lauraga@cctexas.com 826-7070 Appropriation of reimbursement funds from the Texas State Library and Archives Commission for the Corpus Christi Public Libraries. CAPTION: Ordinance appropriating a reimbursement received from the Texas State Library and Archives Commission for participation in the Interlibrary Loan Program in the amount of $16,972.92 into the Library Grant Fund No. 1068, to be used for library technology services; and increasing expenditures by $16,972.92. PURPOSE: To be used for library technology services. BACKGROUND AND FINDINGS: A reimbursement in the amount of $16,972.92 was received from the Texas State Library and Archives Commission for participation in the Interlibrary Loan Program. Corpus Christi Public Libraries completed 2,568 lends. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This conforms to policy regarding appropriations. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: ❑ Operating X 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 16,972.92 16,972.92 BALANCE 16,972.92 16,972.92 Fund(s): Comments: None. RECOMMENDATION: Staff recommends appropriation of funds. LIST OF SUPPORTING DOCUMENTS: Ordinance. Ordinance Appropriating reimbursement received from the Texas State Library and Archives Commission for participation in Interlibrary Loan Program in the amount of $16,972.92 into the Library Grant Fund No. 1068 to be used for library technology services; and increasing expenditures in the Library Grant Fund No. 1068 by $16,972.92 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $16,972.92 reimbursement received from the Texas State Library and Archives Commission for participation in the Interlibrary Loan Program is appropriated into the Library Grant Fund No. 1068 to be used for library technology services. SECTION 2. The Library Grant Fund No. 1068 is changed by increasing expenditures by $16,972.92 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 AGENDA MEMORANDUM First Reading for the City Council Meeting of February 16, 2016 Second Reading for the City Council Meeting of February 23, 2015 DATE: TO: Ronald L. Olson, City Manager February 10, 2016 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 J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Jay Ellington, Director of Park and Recreation JayEll@cctexas.com (361)826-30432 Authorization to Accept Funds and Execution of Construction Contract Change Order #1 Development & Improvements at HEB Tennis Center and Al Kruse Tennis Center (Bond 2012) CAPTION: Ordinance accepting and appropriating a donation in the amount of $100,000 from the Corpus Christi Tennis Association in Fund No. 3280 for the HEB and Al Kruse Tennis Centers; changing the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to increase revenues and expenditures by $100,000; and authorizing the City Manager, or designee, to execute Change Order #1 with Safenet Services, LLC. of Corpus Christi, Texas in the amount of $390,873.00 for the HEB and Al Kruse Tennis Centers for the replacement and reconstruction of the elevated viewing platform at the HEB Tennis Center. (Bond 2012) PURPOSE: The purpose of this Agenda Item is to accept a donation from the Corpus Christi Tennis Association and execute Change Order No. 1 to a Construction Contract with Safenet Services, LLC. for Tennis Centers Repairs and Improvements at the HEB Tennis Center. BACKGROUND AND FINDINGS: On November 10, 2015, the City Council approved a construction contract with SafeNet Services in the amount of $1,809,131 for Part A of the project. The agenda item associated with that vote explained that future projects will be developed for specific building improvements within the remaining funds. It was also noted that City Parks and Recreation Staff will pursue potential joint funding opportunities with the Corpus Christi Tennis Association for specific work items not awarded in this bid. Due to funding limitations, the construction contract award only included Part A work. However, the viewing deck at the HEB Tennis Center from Part B is considered very important to the Corpus Christi Tennis Association (CCTA). For this reason the CCTA is donating $100,000 toward the cost to complete the work. The remaining funds for the construction of the viewing deck will come from the Bond 2012 funds for this project. The improvements associated with this proposed Change Order to the HEB Tennis Center include the demolition and replacement of the viewing platform and canopy. The new viewing platform will be fully ADA accessible with the installation of an electric wheelchair lift. ALTERNATIVES: 1. Execute Change Order #1 for the viewing deck with Safenet Services, LLC. as proposed. (Recommended). 2. Do not execute the Change Order #1 for the viewing deck with Safenet Services, LLC. as proposed. (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. To expedite construction and economize on costs, work involving building improvements will be completed through the Job Order Contract (JOC) construction method. A small JOC contract was issued to Haeber Roofing to re -roof the pro -shop, lounge and tennis building at the HEB Tennis Center. CONFORMITY TO CITY POLICY: Conforms to statutes regarding Construction Change Orders. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $3,000,000.00 $3,000,000.00 This Item - Ordinance $100,000.00 100,000.00 Revised Budget $3,000,000.00 $100,000.00 $3,100,000.00 Encumbered/Expended Amount 234,200.00 1,809,131.00 2,043,331.00 This item — Change Order 390,873.00 390,873 Future Anticipated Expenditures 370,413.10 370,413.10 BALANCE 2,765,800 -2,470,417.10 $295,382.90 Fund(s): Park CIP Funds Comments: The Construction Contract Change Order will result in the expenditure of an amount not to exceed $390,873.00 and will add 30 days to the project budgets which is now estimated to be complete in eight months from the issuance of the Notice to Proceed. RECOMMENDATION: City Staff recommends the approval of the Construction Contract Change Order for the viewing platform at the HEB Tennis Center with Safenet Services, LLC. of Corpus Christi, Texas. LIST OF SUPPORTING DOCUMENTS: Project Budget Ordinance Agreement with Tennis Center Location Map Presentation PROJECT BUDGET ESTIMATE HEB and Al Kruse Tennis Centers (Project No. E12118) Bond Issue 2012 PROJECT FUNDS AVAILABLE: Parks and Recreation Bond 2012 Corpus Christi Tennis Center Donation PROJECT FUNDS AVAILABLE: $3,000,000.00 100,000.00 $ 3,100,000.00 FUNDS REQUIRED: Construction Construction (Safenet Services, LLC.) 1,809,131.00 Contingency (10%) 180,913.10 Change Order No. 1 (This Item) 390,873.00 Construction Inspection (2%) 60,000.00 Design Fees: Architect (CLK Architects & Associates, Inc.. ) 226,700.00 Geotechnical Study and Testing (Rock Engineering) 7,500.00 Reimbursements: Contract Administration (Eng Admin/Finance/Capital Budget) (1.75%) 52,500.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services) (2.5%) 75,000.00 Misc. (Printing, Advertising, etc.) 2,000.00 TOTAL $ 2,804,617.10 ESTIMATED PROJECT BUDGET BALANCE $ 295,382.90 Ordinance accepting and appropriating a donation in the amount of $100,000 from the Corpus Christi Tennis Association in Fund No. 3280 for the HEB and Al Kruse Tennis Centers; changing the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to increase revenues and expenditures by $100,000; and authorizing the City Manager, or designee, to execute Change Order #1 with Safenet Services, LLC of Corpus Christi, Texas in the amount of $390,873 for the HEB and Al Kruse Tennis Centers for the replacement and reconstruction of the elevated viewing platform at the HEB Tennis Center. (Bond 2012) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 is amended to appropriate a donation of $100,000 from the Corpus Christi Tennis Association into Fund 3280 for the HEB and Al Kruse Tennis Center Project. (Bond 2012). SECTION 2. Revenues and expenditures in the amount of $100,000 are increased in the FY 2016 Capital Improvement Budget adopted by Ordinance No 030621. SECTION 3. The City Manager or designee is authorized to execute Change Order No. 1 to the construction contract for the HEB and Al Kruse Tennis Center project (Bond 2012) for the replacement and reconstruction of the elevated viewing platform in the amount of $390,873 with Safenet Services of Corpus Christi, Texas. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, 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 , 2016, 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 , 2016. ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Gift Agreement between the City of Corpus Christi and the Corpus Christi Tennis Association Whereas, the voters of the City of Corpus Christi Texas authorized Proposition 4 in November 2012 which provided bond funds for improvements to the HEB & Al Kruse Tennis Centers; Whereas, the Corpus Christi Tennis Association desires to supplement the bond funds with additional donated funding to be used by the City for improvements to the HEB Tennis Center; Now therefore, this Gift Agreement (the "Agreement") is made by and between the City of Corpus Christi ("City") and the Corpus Christi Tennis Association, ("CCTA") a Texas nonprofit corporation, and the parties mutually agree as follows: 1. The CCTA hereby agrees to gift to the City the amount of $100,000 ("the Gift") no later than 30 days after signing this agreement for the sole purpose of construction of improvements to the HEB Tennis Center. 2. CCTA acknowledges that timely receipt of the Gift by the City is required in order to accommodate the construction schedule for the improvements to the HEB Tennis Center. 3. All interest that accrues on the Gift shall be used solely by the City for improvements to the HEB Tennis Center. 4. The City agrees to accept the Gift from the CCTA, which will be utilized solely on improvements to the HEB Tennis Center, specifically the demolition and replacement of the existing viewing platform. 5. Any portion of the Gift not disbursed by the City two years from the date of this Agreement will be refunded to the CCTA. 6. This Agreement cannot be assigned, modified or amended unless both parties mutually consent in writing, executed by representatives of each party. Copies of this agreement are as legally effective as the original. CITY OF CORPUS CHRISTI CORPUS CHRISTI TENNIS ASSOCIATION Valerie H. Gra y, P.E. Date —Christine Cone ate Executive Director Public Works President APPROVED AS TO LEGAL FORM Assistant City Attorney Date RECOMMENDED Jay Ellington Date Director of Parks and Recreation Change Order 44511,11 CHANGE ORDER NO.: I CHANGE ORDER DATE: 2/3/2016 PROJECT: F1EB and Al Kruse Tennis Centers (Bond 2012) Re -Bid PROJECT NUMBER: E12118 CONTRACTOR: SafeNct Services, LLC CONTRACT TIME: .80 CD ENGINEER: CLK Architects & Associates Make the following additions, modifications or deletions to the work described in the Contract Documents: General Conditions Additional Bond Requirement for Added Scope 1 L S ,r 54,442 00 54,442 00 2 Sitework - Demolition & Disposa'- 1 L S Q 522,713 00 522,713 GO 3 Concrete - Added concrete for Viewing Plntform I L S Cal 528,740.00 528340 00 4 Structural Steel - Added steel for Viewing Platform I L 5 ® S262,407 00 5262.407 00 5 Chair Lift I L 5 @ 538.29700 538.297 00 6 Extended 5 year warranty - per specifications I L S ? 55,744.00 55.744 00 7 Option RAL Paint Colors I L 5. ® 51,905.00 51,905 00 8 Wheelchair Lift Glazing 1 L,S (01,380 00 51.380.00 9 Electrical - Added for Viewing Platform 1 L S Q 525.245 00 525,245 00 Net Total of This Change Order S 390,873.00 Why was this Change necessary: The Bond 2012 language included the replacement of the viewing platform, however, not all of the design improvements could be constructed for die bond funding. The project was broken into a Part A and a Part 13 plus several additive alternates to ensure that a contract could be awarded The bond funding was insufficient to award both Pan A and Part B so only Part A was awarded, The viewing platform was included in Part B and therefore was not awarded The Corpus Christi Tennis Association feels that the viewing platform is very important and has now donated 5100.000 to the City to assist to funding the replacement of the viewing platform The remaining funds will come from the Bond 2012 funds for this project not used to date How can similar changes be avoided in the future? Changes such as these which include add tional funding being provided from user groups are difficult to anticipate Thoroughly engaging stakeholders during the design phase may help reduce these changes. The compensation agreed upon in this Change Order is full, complete and final payment for all costs the Contractor may incur as a result of or relating to this change whether said costs are known, unknown, foreseen or unforeseen at this time, including without limitation, any cost for delay, extended overhead, ripple or impact cost, or any other effect an changed or unchanged work as a result of this Change Order, Origina, Contract Amount 5 1,809.131.00 Previously Approved Change Order Amount S - Proposed Change Order Amount S 390,873.00 Revised Contract Amount S 2,200,004.00 Percent of Total Change Orders (including this CO) 21.61% Previous Change Order Contract Time 180 CD Additional Time on This Change Order 30 CD Revised Contract Time 210 CD Recommended by [CONSULTING FIRM' Approved by ICONTRACTORI By NIA Uy — lk. Date Recommended $61) 4" Q Recommended by: Recommended by: Recommended by: CITY OF CORPUS CHRISTI Philip Jot ehk, P.E. Acting Construction Engineer 00/4 Date Jefferey Edmonds. P.E. Director of Engineering Services Dale Eddie Houlihan Date Budget and Finance Janet Kellogg City Attorney Date Approved by: Approved by: Approved by: Date Valerie H. Gray, P.E. Date Executive Director of Public Works Gustavo Gonzalez, P.E. Dale Assistant City Manager Ronald L. Olson City Manager Date ‘t• Corpus Chr sti Capital Programs HES and Al Kruse Tennis Center Improvements - Change Order No. 1 Council Presentation February 16, 2016 Project Location Map Corpus Chr sti Capital Programs Change Order No. 1 includes additional improvements at HEB Tennis Center Project Location Map HEB Tennis Center Corpus Chr sti Capital Programs 3 Project Location Map HEB Tennis Center Corpus Chr sti Capital Programs Replace Existing Viewing Platform • Corpus Christi Tennis Association (CCTA) donating $100,000 toward construction • Change Order No. 1 with SafeNet for $390,873 to complete work Project Scheduletat4 JCorpus Chr sti Capital Programs 2015 2016 Q1 Re - Design Q2 Q3 Re -Bid / Award Q4 Q1 Q2 Q3 1 Construction Original Project Construction Estimate: 210 Calendar Days 7 Months Updated Project Construction Estimate: 30 additional Calendar Days 8 Months AGENDA MEMORANDUM Future Item for the City Council Meeting of February 16, 2016 Action Item for the City Council Meeting of February 23, 2016 DATE: January 22, 2016 TO: Ronald L. Olson, City Manager FROM: Mike Markle, Chief of Police mikema(a�cctexas.com 886-2603 Approval to submit a grant application to the State of Texas, Criminal Justice Division for funding available under the Violence Against Women Act (VAWA) Fund. CAPTION: Resolution authorizing the submission of a grant application in the amount of $46,226.82 to the State of Texas, Criminal Justice Division, for funding available under the Violence Against Women Act (VAWA) fund for the Police Department's Family Violence Unit with a city match of $20,000.52, an in-kind match of $6,900.00, for a total project cost of $73,127.34; and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. PURPOSE: Year 17 funding is available from the State of Texas, Criminal Justice Division, under the Violence Against Women Act (VAWA) that provides funds to projects with the primary mission of reducing and preventing violence against women BACKGROUND AND FINDINGS: The grant continues support for the Family Violence Unit that utilizes officers and volunteers to contact family violence victims when a written report is made by a field officer or from a walk-in to the unit at the Police Department. The grant provides funds for one victim case manager to contact victims who often fear retaliation and violence when the offender is released following arrest; contact with an advocate (case manager) can provide information concerning alternatives, available services, and protective orders to avoid continued violence. The case manager serves to establish and encourage a working relationship between social agencies and the Police Department and provides educational opportunities to the community through speaking engagements, distribution of literature, etc. The long term goal of the grant is to provide victims of domestic violence and other serious crimes with crisis intervention, follow up assistance, encourage cooperation with law enforcement, facilitate utilization of available resources, and assist with immediate and long- term safety needs. The State provides $46,226.82 for the salary/benefits of one Victim Case Manager, equipment, supplies, training, and mileage, volunteer hours contribute $6,900 in-kind contribution, and the City contributes $20,000.52 for training, travel, supplies and miscellaneous equipment as the required match. This grant period will be 9/1/2016 — 8/31/2017. ALTERNATIVES: None OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Finance Legal OMB 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 $62,000.00 $62,000.00 Encumbered / Expended Amount This item $20,000.52 $20,000.52 BALANCE $41,999.48 $41,999.48 Fund(s): General Comments: RECOMMENDATION: Staff recommends submission of the grant application LIST OF SUPPORTING DOCUMENTS: Resolution Resolution Authorizing the submission of a grant application in the amount of $46,226.82 to the State of Texas, Criminal Justice Division, for funding available under the Violence Against Women Act (VAWA) fund for the Police Department's Family Violence Unit with a city match of $20,000.52, an in-kind match of $6,900.00, for a total project cost of $73,127.34; and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. Therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit a grant application in the amount of $46,226.82to the State of Texas, Criminal Justice Division, for funding available under the Violence Against Women Act (VAWA) Fund for the Police Department's Family Violence Unit with a City match of $20,000.52, an in- kind match of $6,900.00, for a total project cost of $73,127.34. SECTION 2. The City Manager, or the City Manager's designee, may apply for, accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. SECTION 3. In the event of the loss or misuse of these State of Texas, Criminal Justice Division funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Criminal Justice Division in full. 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 Item for the City Council Meeting of February 16, 2016 Action Item for the City Council Meeting of February 23, 2016 DATE: TO: January 29, 2016 Ronald L. Olson, City Manager FROM: Mike Markle, Chief of Police mikemacctexas.com 886-2603 Approval to submit a grant application to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) Fund to continue the Victim Outreach Program 1 CAPTION: Resolution authorizing the submission of a grant application in the amount of $179,149.24 to the State of Texas, Criminal Justice Division Victims of Crime Act (VOCA) fund for the Police Department's Family Violence Unit to continue the Victim Outreach Program with a City match of $21,340 and $40,480 in-kind services, for a total project cost of $240,969.24; and authorizing the City Manager or designee to apply for, accept, reject, alter, or terminate the grant. PURPOSE: This funding is available from the State of Texas, Criminal Justice Division, to provide funds to projects with the primary mission of providing direct services to victims of crime. BACKGROUND AND FINDINGS: The grant is designed to assist victims in stabilizing their lives after victimization. In high crime rate districts, many victims are resistant to cooperation with law enforcement and the criminal justice system due to the emotional and physical impact of the crime. The grant will provide funding for a victim case manager to provide community outreach to identify resistant or reluctant victims of crime and assist victims in understanding and participating in the criminal justice system. Through public presentations, multi -disciplinary meetings and legal advocacy, the case manager will provide crisis intervention and follow up services in order to establish rapport and build resiliency of victims in districts at high risk for violence. A Staff Assistant keep accurate and timely records, including information properly entered into database systems. The State provides for the salary/benefits of one Victim Case Manager, one Staff Assistant, equipment, supplies, training, and mileage, volunteer hours contribute in-kind contribution, and the City contributes $13,368.30 for training, travel, supplies and miscellaneous equipment as the required match. The funding is not on a declining percentage or ending funding cycle. It is a two year grant application for 9/1/2016 — 8/31/2018. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: OMB 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 $62,000.00 $62,000.00 $124,000 Encumbered / Expended Amount This item $10,670 $10,670 $21,340 BALANCE $51,330 $51,330 $102,660 Fund(s): General Comments: RECOMMENDATION: Staff recommends submission of the grant application LIST OF SUPPORTING DOCUMENTS: Resolution Resolution Authorizing the submission of a grant application in the amount of $179,149.24 to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) fund for the Police Department's Family Violence Unit to continue the Victim Outreach Program with a city match of $21,340 and $40,480 in-kind services, for a total project cost of $240,969.24; and authorizing the City Manager or designee to apply for, accept, reject, alter or terminate the grant. Therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit a grant application to the State of Texas, Criminal Justice Division in the amount of $179,149.24 for funding available under the Victims of Crime Act (VOCA) Fund for the Police Department's Family Violence Unit to continue the Victim Outreach Program with a city match of $21,340 and $40,480 in-kind services, for a total project cost of $240,969.24. SECTION 2. The City Manager, or the City Manager's designee, may apply for, accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. SECTION 3. In the event of the loss or misuse of these State of Texas, Criminal Justice Division funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Criminal Justice Division in full. 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 Item for the City Council Meeting of February 16, 2016 Action Item for the City Council Meeting of February 23, 2016 DATE: February 23, 2016 TO: Ronald L. Olson, City Manager FROM: Dan Grimsbo DanG@cctexas.com (361) 826-1718 Maria Pedraza MariaPe@cctexas.com (361) 826-3176 Bio -Filter System for the Greenwood Wastewater Treatment Plant Emissions and Odor Control Improvement project CAPTION: Resolution authorizing the City Manager or designee to purchase an EcoFilter System from BioAir Solutions, LLC, of Voorhees Township, New Jersey, for a total cost of $257,740 for the Greenwood Wastewater Treatment Plant Emissions and Odor Control Improvement Project. PURPOSE: The purpose of this agenda item is to obtain authority to execute a purchase contract for the recommended EcoFilter System for the Greenwood Wastewater Treatment Plant Emissions and Odor Control Improvement Project. BACKGROUND AND FINDINGS: A mineral media bio -filter odor control facility was installed in 2000 to provide odor treatment for the Greenwood Wastewater Treatment Plant; however, the EcoFilter could not provide normal operations in recent years, and nuisance odors from the Greenwood Wastewater Treatment Plant were cited by Texas Commission on Environmental Quality monitoring. The City is required to complete the subject project by October 2016 by Texas Commission on Environmental Quality. EcoFilters are the key equipment for nuisance odors control at the Greenwood Wastewater Treatment Plant. It normally takes four months for the vendor to manufacture and deliver to site. To turn around this project October 2016, the City needs to purchase the EcoFilter System and deliver to the general contractor who is scheduled to start construction in June 2016. As per Local Government Code section 252.022(a)(2), this project is necessary to preserve and protect the public health or safety of the municipality's residents, and therefore, the procurement of the equipment is exempt from competitive bidding. BioAir Solutions, LLC is recommended to provide the EcoFilter System for the Greenwood Wastewater Treatment Plant based on their advanced technology. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The proposed purchase conforms to City purchasing policies and procedures. This procurement is necessary to preserve and protect the public's health and safety in accordance with Local Government Code 252.022(a)(2). EMERGENCY/NON-EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Wastewater Department FINANCIAL IMPACT: Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $96,400.00 $2,108,400.00 $2,204,800.00 Encumbered / Expended Amount $96,400.00 $96,400.00 This item $257,740.00 $257,740.00 Future Anticipated Expenditures This Project $1,087,871.00 $1,087,871.00 BALANCE $0.00 $762,789.00 $762,789.00 Fund(s): WW CIP No. 16 Comments: Greenwood Pit Emission/Odor Control Improvements are restricted capital funds. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Price Sheet Resolution authorizing the City Manager or designee to purchase an EcoFilter System from BioAir Solutions, LLC, of Voorhees Township, New Jersey, for a total cost of $257,740 for the Greenwood Wastewater Treatment Plant Emissions and Odor Control Improvement Project. WHEREAS, a biological filter is the key equipment for nuisance odors control at the Greenwood Wastewater Treatment Plant; WHEREAS, the Greenwood Wastewater Treatment Plant is required to purchase and install a new biological filter system in order to complete an Emissions and Odor Control Improvement Project, mandated by the Texas Commission on Environmental Quality, by October, 2016; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; and WHEREAS, the City Council finds this purchase to be excepted from a com- petitive procurement pursuant to Texas Local Government Code § 252.022 (a)(2), as an item necessary to preserve and protect the public health and safety of the municipality's residents. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or his designee, is authorized to purchase an EcoFilter System from BioAir Solutions, LLC, for a total cost of $257,740, such filter being necessary to complete the Greenwood Wastewater Treatment Plant Emissions and Odor Control Improvement Project. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary Nelda Martinez, Mayor Page 1 of 2 Corpus Christi, Texas day of , 20 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 Page 2 of 2 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: MARIA PEDRAZA 1.0 Purchase an EcoFilter System, inculding freight, startup, training, and performance testing. Qty PRICE SHEET ECO -FILTER SYSTEM BioAir Solutions, LLC Voorhees, New Jersey 1 $257,740.00 $257,740.00 Total $257,740.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of February 16, 2016 Action Item for the City Council Meeting of February 23, 2016 DATE: January 22, 2016 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 Engineering Services jeffreye@cctexas.com (361) 826-3851 CAPTION: Engineering Construction Contract Navigation Boulevard from Up River Road to Leopard Street BOND 2012 Motion authorizing the City Manager, or designee, to execute a construction contract with Clark Pipeline Services, LLC of Corpus Christi, Texas in the amount of $7,808,705.83 and to execute a construction materials testing agreement with Rock Engineering and Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $56,471.00 for the Navigation Boulevard Street project from Up River Road to Leopard Street for the Base Bid Part 2 (Hot Mix Asphaltic Concrete) BOND 2012. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract for the Navigation Boulevard Street Project from Up River Road to Leopard Street (BOND 2012). BACKGROUND AND FINDINGS: This project was approved in the Bond 2012 Proposition 1 Street Project by the community in the general election held on November 6, 2012. LNV, Inc. is the design engineer that was selected for this project under RFQ 2012-03. Brochure description: "Navigation Boulevard from Up River Road to Leopard Street $4,000,000.00 — This project includes reconstruction and expansion of the existing 4 -lane road to a 5 -lane road with a turning lane and bike routes, sidewalks, curb and gutter, ADA curb ramps and pavement markings." This is the "Rebid" of the Navigation Blvd Street Reconstruction project that provides for the full -depth reconstruction and widening of the existing 4 -lane road with a new 5 -lane road with a continuous center left turn with utility improvements, new sidewalks, ADA ramps, and pavement markings. The work also includes Traffic Signal upgrades at the Leopard and Up River intersections with Pedestrian Signal upgrades at the IH -37 intersection. The utility work includes: • Water — Replacement of the existing Asbestos Clay Pipe (ACP) with new polyvinyl chloride (PVC) pipelines • Wastewater — Replacement of existing Vitrified Clay Pipe (VCP) with new PVC • Gas — Replacement of existing wrapped steel pipeline with new Polyethylene (PE) pipeline • Storm water — New curb & gutter with inlets and lateral pipelines with MH upgrades The initial Navigation Street Reconstruction project was Terminated for Convenience by the City to allow for major value engineering (VE) opportunities and to avoid critical underground City utility conflicts with refinery gas lines. This project incorporates the VE and eliminates the conflicts with refinery gas lines with a $5.3 Million cost reduction from approximately total project cost of $13.1 Million to $7.8 Million. The primary VE elements of work were associated in storm water reductions that also reduced impacts and costs associated with the water and wastewater systems. On December 16, 2015, the City received proposals from three (3) bidders and the bidders are as follows: Contractor Base Bid Clark Pipeline Services, LLC Corpus Christi, Texas $7,808,705.83 Bay, Ltd. Corpus Christi, Texas $7,919,360.05 Haas -Anderson Construction, Ltd. Corpus Christi, Texas $9,090,073.15 ALTERNATIVES: 1. Authorize execution of a construction contract. 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: The proposed Bike Lanes on this corridor are consistent with the Metropolitan Planning Organization (MPO) proposed comprehensive Master Plan for Multi -Model Transportation that specifically addresses bike lane facilities throughout the City and neighboring communities. CONFORMITY TO CITY POLICY: Complies with statutory requirements for architectural and engineering contracts. Conforms to FY 2015- 2016 Street Capital Improvement Planning (CIP) Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: Operating Revenue X Capital Not applicable Fiscal Year 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $1,962,129.23 $11,393,785.99 $13,355,915.22 Encumbered / Expended Amount 1,962,129.23 1,962,129.23 This item 7,808,705.83 7,808,705.83 Future Anticipated Expenditures This Project 1,100,378.90 1,100,378.90 BALANCE $0 $2,484,701.26 $2,484,701.26 Fund(s): ST 28 Comments: N/A RECOMMENDATION: City staff and LNV, Inc. recommend the construction contract award to Clark Pipeline Services, LLC in the amount of $7,808,705.83 and the construction materials testing to Rock Engineering & Testing Laboratory, Inc. in the amount of $56,471.00 for Navigation Boulevard from Up River Road to Leopard Street BOND 2012 project for the base bid (Part 2). LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Testing Agreement PROJECT BUDGET Navigation Boulevard from Up River Road to Leopard Street Bond 2012 PROJECT FUNDS AVAILABLE: Street CIP (Bond 2012) $ 6,627,254.73 Utility CIP 6,728,660.49 Water CIP 1,013,885.49 Wastewater CIP 897,500.00 Storm Water CIP 4,578,275.00 Gas CIP 239,000.00 TOTAL PROJECT FUNDS AVAILABLE $ 13,355,915.22 FUNDS REQUIRED: Construction Fees: Construction (Clark Pipeline) 7,808,705.33 Street 4,678,400.00 Utilities 3,130,305.33 Water 901, 883.14 Wastewater 1,027,759.42 Storm Water 999,729.35 Gas 200,933.42 Contingency (10%) 780,870.53 Construction Inspection (2.25%) 300,508.09 Construction Materials Testing (Rock) 56,471.00 Construction Settlement (Reytec) 235,900.00 Land Acquisition 106,709.30 SUB -TOTAL REQUIRED FOR CONSTRUCTION 9,289,164.26 Design Fees: * Engineer (LNV, Inc.) (Original and 3 Amendments) 1,087,057.00 Streets 665,505.00 Wastewater 115,099.20 Storm Water 196,725.52 Water 88,160.20 Gas 21,567.08 Engineering (Lockwood, Andrews, Newnam Inc.) 48,275.00 Engineering (L. Gurley) 12,498.75 Engineering (R.H. Shackelford) 8,541.50 Geotechnical Study and Testing (Rock Engineering) 24,000.00 SUB -TOTAL REQUIRED FOR DESIGN 1,180,372.25 Reimbursements: Contract Administration (Eng. Admin/Finance/Capital Budget) (0.75%) 100,169.36 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services) (2.25%)300,508.09 Misc. (Printing, Advertising, etc.) 1,000.00 SUB -TOTAL REQUIRED FOR REIMBURSEMENTS 401,677.46 TOTAL PROJECT EXPENDITURES $ 10,871,213.96 ESTIMATED PROJECT BUDGET BALANCE $ 2,484,701.26 * Approved by City Council on January 29, 2013 by Motion 2013-012. Corpus Chr"sti Engineering Navigation Boulevard "REBID" from Up River Road to Leopard Street BOND 2012 Council Presentation February 16, 2016 Project Vicinity alk Corpus Chr sti Engineering NAVIGATION BLVD. Li rots: Up Riw Fd.to Leopad S. 2 Existing Layout Corpus Chr sti Engineering ,121 5.4= TRAVEL LANE TRAVEL LANE TRAVEL LANE TRAVEL LANE a a t t TRAVEL LANE TRAVEL LANE TRAVEL LAME l TRAVEL LANE TRAVEL LANE TRAVEL LANE TRAVEL LANE 3 Project Scope Corpus Chr sti Engineering ONE COURSE SURFACE TREATMENTUNCERSEAL'` TENSAR BX -1100 GECGRID- 3" HMAC (TYPE D) 5" HMAC (TYPE B) 11" CRUSHED LIMESTONE FLEXIBLE BASE 12" COMPACTED SUB -GRADE -TACK COAT -PRIME COAT This provides for the award for the REBID for the Navigation Street Reconstruction Project for the full -depth reconstruction and widening existing 4 -lane to a 5 -lane HMAC pavement with a continuous center turn lane, sidewalks, curb &gutter, ADA ramps, pavement markings. Work includes: • Two traffic signal upgrades; Leopard and Up River intersections • Pedestrian signal upgrades at 1-37 intersection • Bike lanes not included or recommended Utility Improvements include: • Water - Repl. of ACP lines with new PVC lines • Wastewater - Repl. of VCP lines with new PVC, MH rehab and pipe bursting of deep lines • Gas - Repl. of existing wrapped steel lines with new polyethylene pipe • Storm water - New curb & gutter, curb inlets and laterals with MH upgrades ❖ Note: No bids were received for Concrete Base Bid 4 Project Schedule Corpus Chr sti Engineering 2013 2014 2015 2016 2017 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Design Q4 01 Bid Q2 Q3 Q4 Q1 Q2 Construction Project Estimate: 440 Calendar Days 15 Months PROJECT # E12090 LOCATION MAP NOT TO SCALE NAVIGATION BLVD UP RIVER ROAD TO LEOPARD STREET BOND 2012 EXHIBIT B CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 OF 1 AGREEMENT for Construction Materials Testing and Engineering Services This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home -rule municipal corporation ("CITY"), acting through its duly authorized City Manager or designee ("City Engineer"), and ROCK ENGINEERING & TESTING LABORATORY INC., a Texas corporation or partnership ("LAB"), acting through its duly authorized representative who is Curtis A. Rock, Business Development Manager, which agree as follows: 1. DECLARATIONS: City desires to engage Lab to provide services in connection with City's project, described as follows: Navigation Boulevard from Up River Road to Leopard Street BOND 2012 (Project No. E12090) ("PROJECT"). 2. SCOPE OF WORK: Lab shall provide services to the Project in accordance with the accompanying Scope of Services and Fee Schedule attached as Exhibit A and the Terms and Conditions to Agreement attached as Exhibit B. 3. FEE: The City agrees to pay the Lab for services provided in accordance with Exhibit "A", Scope of Services and Fee Schedule under this Agreement, a total fee not to exceed $56,471.00. Monthly invoices will be submitted in accordance with Exhibit C. 4. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE: To the best of the City's knowledge, based upon currently available information, the only hazardous or toxic materials, as defined by the laws and regulations of the Federal government, the state, and city which exist at the PROJECT SITE are as follows: None. 5. 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 and may not be used again by Lab without the express terms written consent of the City Engineer. However, Lab may use standard details that are not specific to this Project. CITY OF CORPUS CHRISTI J.H. Edmonds, P. E., (Date) Director of Engineering Services RECOMMENDED Operating Department a/3//j (Date) APPROVED AS TO LEGAL FORM Assistant City Attorney (Date) APPROVED Office of Management (Date) and Budget ROC NG NEERING & TESTING LABORATORY mk aNci —I 6 Curtis A. Rock Business Development Manager 6817 Leopard Street Corpus Christi, TX 78409 (361) 883-4555 Office (361) 883-4711 Fax Project Number E12090 Accounting Unit 354•-.51 Account 550920 Activity E12090013''- • XP Account Category 50920 Fund Name Street CIP Bond 2012 (Date) K:IENGINEERING DATAEXCHANGEIANGIEMISTREETIE12090 NAVIGATION BLVD UP RIVER TO LEOPARD BOND 20121CONSTRUCTION MATERIALS TESTING115-1215 TESTING AGREEMENT.DOC Rev. 12/15/15 6 EXHIBIT A Scope of Services and Fee Schedule K:IENGINEERING DATAEXCHANGEIANGIEMISTREET1E12090 NAVIGATION BLVD UP RIVER TO LEOPARD BOND 20121CONSTRUCTION MATERIALS TESTING115-1215 TESTING AGREEMENT.DOC Rev. 12/15115 Wednesday, January 06, 2016 City of Corpus Christi 1201 Leopard St Corpus Christi, TX 78401 Attn Jeffrey Edmonds, P.E. •GEOTECHNICAL ENGINEERING •CONSTRUCTION MATERIALS ENGINEERING TESTING •SOILS • ASPHALT • CONCRETE SUBJECT: ESTIMATED TESTING BUDGET FOR THE PROPOSED E12090 Navigation Blvd - Up River Road to Leopard St. (HMAC) Corpus Christi, TX RETL Proposal Number: P010615A Dear Jeffrey Edmonds, P.E. Rock Engineering and Testing Laboratory, Inc. (RETL) (TBPE Firm No. 2101) is pleased to be selected to perform the Construction Materials Testing for the above referenced project. The Construction Materials Testing for the proposed construction project is based upon quantities as derived from the Plans made available to RETL as of the date of this proposal. The estimated testing for this project is $56,471.00 We understand that we have been chosen to provide these services for this publicly funded project. Therefore, by providing cost information we are not in violation of the Texas Professional Services Procurement Act. The estimated construction materials testing budget is based on a review of the information provided to RETL. An estimated breakdown of field and laboratory testing required is included as an attachment. Please make note that the actual fees invoiced for this project will be based on the actual testing performed. The total fee assessed will be dependent on the contractor's construction techniques, number of trips made to the jobsite, elapsed time from technician arrival to commencement of testing activities, and any time the technician is required to be on-site but not performing testing activities. Please be advised that weekend technician time will be invoiced portal to portal at an additional rate of $32.00 RETL appreciates your consideration of our firm to assist you during the construction phase of your project. If you agree with this proposal, please sign the attached Laboratory Testing Services Agreement, submit the Distribution List and provide billing information. Please do not hesitate to contact me at (361) 883-4555 extension 415 if you have any questions regarding the proposal or would like to discuss further. Sincerely, Pablo Schmitt Estimator Rock Engineering and Testing ROCK ENGINEERING TESTING LABORATORY, INC. 6817 LEOPARD STREET • CORPUS CHRISTI. TEXAS. 78409 OFFICE: (361) 883-4555 • FAX: (361) 883-4711 • www.rocktesting.com IEXHIBIT "A" Page 1 of 6 Wednesday, January 06, 2016 Page 1 of 6 01. SOILS A1.SUBGRADE Driveway Densities EA - 1 every 2 P010615A E12090 Navigation Blvd - Up River Road to Leopard St. (HMAC) City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 5486 VEHICLE S600 IN-PLACE DENSITIES (Min 3) ASTM D6938 Laboratory EA - 1 each material type S190 MATERIALS SAMPLING CHARGE 5510 PROCTOR - STANDARD ASTM D698 Sidewalk Densities SF • 1 per 5000 SF S486 VEHICLE 5600 IN-PLACE DENSITIES (Min 3) ASTM D6938 Street Densities SY - 1 every 310 SY S486 VEHICLE S600 IN-PLACE DENSITIES (Min 3) ASTM D6938 A5. BACKFILL Densities LF - 1 per 200 LF of each lane/Tiff S486 VEHICLE S600 IN-PLACE DENSITIES (Min 3) ASTM D6938 Laboratory EA - 1 each material type S190 MATERIALS SAMPLING CHARGE S510 PROCTOR - STANDARD ASTM D698 LIFTS/MIN QTYFREQ QTY RATE AMOUNT 1 1 1 1 1 1 1 1 1 1 1 1 5 5 trip $46.00 $230.00 27 27 ea $45.00 $1,215.00 1 1 ea $59.00 $59.00 1 1 ea $222.00 $222.00 2 2 trip $46.00 7 7 ea $45.00 $92.00 $315.00 8 8 trip $46.00 $368.00 98 98 ea $45.00 $4,410.00 15 15 trip $46.00 $690.00 154 154 ea $45.00 $6,930.00 1 1 ea $59.00 $59.00 1 1 ea $222.00 $222.00 01. SOILS SUBTOTAL $14,812.00 [EXHIBIT "A" Page 2 of 6 Wednesday, January 06, 2016 Page 2 of 6 02. FLEXIBLE BASE A3. FLEX BASE Densities SY - 1 every 310 SY P010615A E12090 Navigation Blvd - Up River Road to Leopard St. (HMAC) City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. S486 VEHICLE S600 IN-PLACE DENSITIES (Min 3) ASTM D6938 Laboratory CY - 1 per 3000 CY LIFTS/MIN QTYFREQ QTY RATE AMOUNT 1 1 12 12 trip $46.00 $552.00 196 196 ea $45.00 $8,820.00 S502 ATTERBERG LIMITS/PLASTICITY INDEX (with Aggregate) 3 3 ea $97.00 $291.00 5504 GRADATION (Sieve Analysis) 3 3 ea $97.00 $291.00 S522 PROCTOR - MODIFIED ASTM D1557 3 3 ea $261.00 $783.00 S548 LA ABRASION 3 3 ea $331.00 $993.00 EA - 1 each material type S190 MATERIALS SAMPLING CHARGE 1 1 ea $59.00 $59.00 S546 WET BALL MILL 1 1 ea $331.00 $331.00 5606 TRIAXIAL 1 1 ea $743.00 $743.00 S610 CBR with PROCTOR 1 1 ea $765.00 $765.00 02. FLEXIBLE BASE SUBTOTAL $13,628.00 03. HOTMIX ASPHALT CONCRETE B. ASPHALT Densities LF - 1 per 1000 LF of street S202 ASPHALT CORED IN-PLACE DENSITY 5486 VEHICLE Laboratory T - 1 per 500 tons LIFTS/MIN QTYFREQ QTY RATE AMOUNT 1 1 2 2 ea $102.00 $204.00 2 2 trip $46.00 $92.00 S105 ASPHALT FULL SERIES 1 22 22 ea $635.00 $13,970.00 S190 MATERIALS SAMPLING CHARGE 1 22 22 ea $59.00 $1,298.00 03. HOTMIX ASPHALT CONCRETE SUBTOTAL $15,564.00 EXHIBIT "A" Page 3 of 6 Wednesday, January 06, 2016 Page 3 of 6 P010615A E12090 Navigation Blvd - Up River Road to Leopard St. (HMAC) City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 04A. CONCRETE (Curb & Gutter) LIFTS/MIN QTYFREQ QTY RATE AMOUNT Cl. CONCRETE Unconfined Compression 7, 14 & 28 days) LF - 1 set every 500 IF 5301 CONCRETE CYLINDERS (4" x 8") (Min 4) 4 18 72 ea $45.00 $3,240.00 5399 CONCRETE CYLINDERS PICK UP FEE 1 1 1 pour $44.00 $44.00 S486 VEHICLE 1 6 6 trip $46.00 $276.00 04A. CONCRETE (Curb & Gutter) SUBTOTAL $3,560.00 046. CONCRETE (Sidewalks & Curb Ramps) LIFTS/MIN QTYFREQ QTY RATE AMOUNT Cl. CONCRETE Unconfined Compression 7, 14 & 28 days) SF - 1 set every 4000 SF 5301 CONCRETE CYLINDERS (4" x 8") (Min 4) 4 9 36 ea $45.00 $1,620.00 S399 CONCRETE CYLINDERS PICK UP FEE 1 1 1 pour $44.00 $44.00 S486 VEHICLE 1 3 3 trip $46.00 $138.00 04B. CONCRETE (Sidewalks & Curb Ramps) SUBTOTAL $1,802.00 04C. CONCRETE (Driveways) LIFTS/MIN QTYFREQ QTY RATE AMOUNT C1. CONCRETE Unconfined Compression 7, 14 & 28 days) SF - 1 set every 2500 SF S301 CONCRETE CYLINDERS (4" x 8") (Min 4) 4 11 44 ea $45.00 $1,980.00 5399 CONCRETE CYLINDERS PICK UP FEE 1 1 1 pour $44.00 $44.00 S486 VEHICLE 1 4 4 trip $46.00 $184.00 04C. CONCRETE (Driveways) SUBTOTAL $2,208.00 Wednesday. January 06, 2016 EXHIBIT "A" Page 4 of 6 Page 4 of 6 P010615A E12090 Navigation Blvd - Up River Road to Leopard St. (HMAC) City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 04D. CONCRETE (Curb, Post and Grate Inlets) LIFTS/MIN QTYFREQ QTY RATE AMOUNT C 1. CONCRETE Unconfined Compression 7, 14 & 28 days) EA - 1 set every 6 each 5301 CONCRETE CYLINDERS (4" x 8") (Min 4) 4 6 24 ea $45.00 $1,080.00 S399 CONCRETE CYLINDERS PICK UP FEE 1 1 1 pour $44.00 $44.00 S486 VEHICLE 1 2 2 trip $46.00 $92.00 04D. CONCRETE (Curb, Post and Grate Inlets) SUBTOTAL $1,216.00 04E. CONCRETE (Storm Sewer Manholes) LIFTS/MIN QTYFREQ QTY RATE AMOUNT C1. CONCRETE Unconfined Compression 7, 14 & 28 days) EA - 1 set every 2 each 5301 CONCRETE CYLINDERS (4" x 8") (Min 4) 4 10 40 ea $45.00 $1,800.00 S399 CONCRETE CYLINDERS PICK UP FEE 1 1 1 pour $44.00 $44.00 S486 VEHICLE 1 2 2 trip $46.00 $92.00 04E. CONCRETE (Storm Sewer Manholes) SUBTOTAL $1,936.00 04F. CONCRETE (Riprap, Aprons & SETs) LIFTS/MIN QTYFREQ QTY RATE AMOUNT C I. CONCRETE Unconfined Compression 7, 14 & 28 days) SF - 1 set every 4000 SF S301 CONCRETE CYLINDERS (4" x 8") (Min 4) 4 1 4 ea $45.00 $180.00 S399 CONCRETE CYLINDERS PICK UP FEE 1 1 1 pour $44.00 $44.00 S486 VEHICLE 1 1 1 trip $46.00 $46.00 04F. CONCRETE (Riprap, Aprons 8 SETs) SUBTOTAL $270.00 Wednesday, January 06, 2016 EXHIBIT "A" Page5of6 Page 5 of 6 P010615A E12090 Navigation Blvd - Up River Road to Leopard St. (HMAC) City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 04G. CONCRETE (Manhole Base/Footing) LIFTS/MIN QTYFREQ QTY RATE AMOUNT Cl. CONCRETE Unconfined Compression 7, 14 & 28 days) EA - 1 set every 10 each S301 CONCRETE CYLINDERS (4" x 8") (Min 4) 4 3 12 ea $45.00 $540.00 S399 CONCRETE CYLINDERS PICK UP FEE 1 1 1 pour $44.00 $44.00 S486 VEHICLE 1 2 2 trip $46.00 $92.00 04G. CONCRETE (Manhole Base/Footing) SUBTOTAL $676.00 05. RIGID PAVEMENT Cl. CONCRETE SY - 1 set per 2500 SY LIFTS/MIN QTYFREQ QTY RATE AMOUNT S302 BEAMS (Set of 4) 1 1 1 set $232.00 $232.00 S403 SLUMP 1 1 1 ea $15.00 $15.00 S404 AIR CONTENT 1 1 1 ea $15.00 $15.00 S486 VEHICLE 1 1 1 trip $46.00 $46.00 05. RIGID PAVEMENT SUBTOTAL $308.00 06. LABORATORY LIFTS/MIN QTYFREQ QTY RATE AMOUNT D. MISCELLANEOUS Vehicle Material Pick up and Admin Fee P 1 19 ADMINISTRATION FEE (1 time per project) S486 VEHICLE 1 1 1 1 Is $77.00 $77,00 9 9 trip $46.00 $414.00 06. LABORATORY SUBTOTAL $491.00 GRAND TOTAL $56,471.00 EXHIBIT "A" Page 6 of 6 Wednesday, January 06, 2016 Page 6 of 6 EXHIBIT B TERMS AND CONDITIONS TO TESTING AGREEMENT ARTICLE 1. SERVICES: Lab will: 1.1 Provide only those services requested by City Engineer that, in the opinion of Lab, lie within the technical or professional areas of expertise of Lab and which Lab is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable, and other standards designated in writing by the City Engineer. 1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services performed indicating, where applicable, compliance with the Project specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained and parts of the structure of the Project area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the City Engineer or designee documentation of such calibration. Secure representative samples of those materials that the City's contractor proposes to use which require testing, together with relevant data concerning such materials including the point of origin and supplier. 1.5 Consider reports to be confidential and distribute reports only to those persons, organizations or agencies specifically designated in writing by the City Engineer. 1.6 Retain records relating to services performed for City for a period of two years following submission of any reports, during which period the records will be made available to the City at all reasonable times. 1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or designee will: 2.1 Provide Lab with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by Lab. 2.2 Issue authorization in writing giving Lab free access to the Project site and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the City's representative with respect to Lab's services to be performed under this Agreement and which must be promptly notified by Lab when it appears that materials tested or inspected are in non-compliance. Only the City Engineer or designee has authority to transmit instructions, receive information and data and/or interpret and define the City's policies and decisions with respect to the Project. Lab acknowledges that certain City representatives may have different types of authority concerning the Project. 2.4 Advise Lab sufficiently in advance of any operations so as to allow for assignment of personnel by Lab for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties. 2.5 Direct the Project contractor, either by the Construction Contract or direct written order, to: (a) Stop work at the appropriate times for Lab to perform contracted services; (b) Furnish such labor and all facilities needed by Lab to obtain and handle samples at the Project and to facilitate the specified inspection and tests; KIENGINEERING DATAEXCHANGE ANGIEMISTREETVE12090 NAVIGATION BLVD UP RIVER TO LEOPARD BOND 20121CONSTRUCTION MATERIALS TESTING115-1215 TESTING AGREEMENT.DOC Rev. 12/15/15 (c) Provide and maintain for use of Lab adequate space at the Project for safe storage and proper curing of test specimens that must remain on the Project site prior to, during and up to 60 days after testing. ARTICLE 3. GENERAL CONDITIONS 3.1 Lab, by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to the Project that, by custom or contract, are vested in the Project architects, design engineers or any other design agencies or authorities. 3.2 Lab is not authorized to supervise, alter, relax, enlarge or release any requirement of the Project specifications or other contract documents nor to approve or accept any portion of the work. Lab does not have the right of rejection or the right to stop the work. City Engineer will direct the Project contractor to stop work at appropriate times for Lab to conduct the sampling, testing or inspection of operations covered by the Agreement. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 City and Lab agree that Lab will be on-site to perform inspections for contracted services. The City and Lab also agree that Lab will not assume responsibility for Project contractor's means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by Lab will not relieve the Project contractor of its responsibilities for performing the work in accordance with the Project plans and specifications. For the purposes of this Agreement, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by Lab as specified in the Agreement. Continuous monitoring by Lab or its subcontractors does not mean that Lab is approving placement of materials. Inspection is not and should not be construed to be a warranty by Lab to the City or any other party. 4.2 Samples collected or tested by Lab remain the property of the City while in the custody of the Lab. Lab will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, Lab will dispose of non -hazardous samples, and return hazardous, acutely toxic or radioactive samples and samples' containers and residues to City. City agrees to accept such samples and samples' containers. ARTICLE 5. STANDARD OF CARE AND WARRANTY Services performed by Lab will be conducted in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the profession currently practicing under similar conditions in the same locality. No other warranty either expressed or implied is made or intended by the Agreement or any reports. Lab will not be responsible for the interpretation or use by others of data developed by Lab. ARTICLE 6. INDEMNIFICATION Lab shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Lab or its agent, Lab under contract or another entity over which Lab 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 or its employees, to the extent of such negligence. Lab shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court K:IENGINEERING DATAEXCHANGEIANGIEMISTREETIE12090 NAVIGATION BLVD UP RIVER TO LEOPARD BOND 20121CONSTRUCTION MATERIALS TESTING115-1215 TESTING AGREEMENT.DOC Rev. 12/15/15 costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Lab shall reimburse the City's reasonable attorney's fees in proportion to the Lab's liability. Lab must advise City in writing within 24 hours of any claim or demand against City or Lab known to Lab related to or arising out of Lab's activities under this Agreement. ARTICLE 7. INVOICES AND PAYMENT 7.1 Lab will submit progress invoices to City Engineer monthly and final invoice upon completion of services. Each invoice is due and payable by City within 30 days of receipt and approval to pay by the City Engineer. 7.2 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. ARTICLE 8. INSURANCE REQUIREMENTS 8.1 Lab must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Lab must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 8.2 Lab must furnish to the Director of Engineering Services with the signed agreement (or amendment) 2 copies of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General Liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim $2,000,000 Aggregate (Defense costs must be outside policy limits) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any K:IENGINEERING DATAEXCHANGEIANGIEMISTREETIE12090 NAVIGATION BLVD UP RIVER TO LEOPARD BOND 20121CONSTRUCTION MATERIALS TESTING115-1215 TESTING AGREEMENT.DOC Rev. 12/15/15 8.3 In the event of accidents of any kind related to this agreement, Lab must furnish the City with copies of all reports of any accidents within 10 days of the accident. 8.4 Applicable for paid employees, Lab must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lab will be promptly met. An All States Endorsement shall be required if Lab is not domiciled in the State of Texas. 8.5 Lab shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lab'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. Lab is required to provide City with renewal Certificates. 8.6 Lab shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Lab 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: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 8.7 Lab agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: (a) List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy and professional liability/Errors & Omissions policy; (b) Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; (c) Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and (d) 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. 8.8 Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Lab shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lab'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. KIENGINEERING DATAEXCHANGEIANGIEMISTREETIE12090 NAVIGATION BLVD UP RIVER TO LEOPARD BOND 20121CONSTRUCTION MATERIALS TESTING115-1215 TESTING AGREEMENT.DOC Rev. 12/15/15 limitations regarding who is insured. WORKERS' COMPENSATION (All States Endorsement if Company domiciled in Texas) Employer's Liability is not Statutory $500,0001$500,000/$500,000 8.3 In the event of accidents of any kind related to this agreement, Lab must furnish the City with copies of all reports of any accidents within 10 days of the accident. 8.4 Applicable for paid employees, Lab must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lab will be promptly met. An All States Endorsement shall be required if Lab is not domiciled in the State of Texas. 8.5 Lab shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lab'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. Lab is required to provide City with renewal Certificates. 8.6 Lab shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Lab 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: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 8.7 Lab agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: (a) List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy and professional liability/Errors & Omissions policy; (b) Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; (c) Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and (d) 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. 8.8 Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Lab shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lab'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. KIENGINEERING DATAEXCHANGEIANGIEMISTREETIE12090 NAVIGATION BLVD UP RIVER TO LEOPARD BOND 20121CONSTRUCTION MATERIALS TESTING115-1215 TESTING AGREEMENT.DOC Rev. 12/15/15 8.9 In addition to any other remedies the City may have upon Lab'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 Lab to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Lab hereunder until Lab demonstrates compliance with the requirements hereof. 8.10 Nothing herein contained shall be construed as limiting in any way the extent to which Lab may be held responsible for payments of damages to persons or property resulting from Lab's or its subcontractor's performance of the work covered under this agreement. 8.11 It is agreed that Lab's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 8.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. ARTICLE 9. TERMINATION OF AGREEMENT The City may, at any time, with or without cause, terminate this Agreement upon seven days written notice to Lab at the address of record. Lab will be compensated for services performed up to termination. ARTICLE 10. CONTROLLING LAW This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lie exclusively in Nueces County, Texas. ARTICLE 11. DISCLOSURE OF INTERESTS 11.1 Lab agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this Agreement, if required. 11.2 Lab agrees to comply with section 2252.908 of the Texas Government Code and complete Form 1295 Certificate of Interested Parties as part of this Agreement, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. 11.3 Lab agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www. cctexas.com/government/city-secretary/conflict-disclosure/index. ARTICLE 12. CLAIMS 12.1 Claims arising from this Agreement shall be made in writing, sworn to and signed by an authorized representative. The responsibility to substantiate a claim rests with the party making the claim. 12.2 All negotiations pursuant to this Article are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. ARTICLE 13. EXTENT OF AGREEMENT 13.1 This Agreement, including Exhibit "A" and these Terms and Conditions, represents the entire Agreement between City and Lab and supersedes all prior negotiation, representations or agreements, written or oral. This Agreement may be amended only by a written instrument signed by duly authorized representatives of City and Lab. If any conflict occurs between these Terms and Conditions and any other part of this Agreement, these Terms and Conditions are controlling. K:IENGINEERING DATAEXCHANGE\ANGIEMISTREET\E12090 NAVIGATION BLVD UP RIVER TO LEOPARD BOND 20121 CONSTRUCTION MATERIALS TESTING115.1215 TESTING AGREEMENT.DOC Rev. 12/15/15 13.2 In the event that any one or more of the provisions contained in this Agreement are for any reason held invalid, illegal or unenforceable in any respect, the remaining terms will be in full effect and this Agreement will be construed as if the invalid or unenforceable matters were never included in this Agreement. No waiver of any default will be a waiver of any future default. 13.3 Neither party will assign this Agreement without the express written approval of the other, but Lab may subcontract laboratory procedures as Lab deems necessary to meet the obligations of this Agreement. ARTICLE 14. SAFETY City and Lab agree that, in accordance with the generally accepted construction practice, the Project's general contractor will be solely and completely responsible for working conditions on the Project, including safety of all persons and property during the performance of the work and for compliance with all municipal, state and federal laws, rules and regulations, including OSHA. The duty of Lab in providing services is not, therefore, to include any review of, or responsibility for, the adequacy of the Project's general contractor's safety measures in, on or near the Project site. K:IENGINEERING DATAEXCHANGEIANGIEMISTREETIE12090 NAVIGATION BLVD UP RIVER TO LEOPARD BOND 20121CONSTRUCTION MATERIALS TESTING115-1215 TESTING AGREEMENT.DOC Rev. 12/15/15 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees EXHIBIT C Monthly Invoices COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for. Payment Request Revised 07/27/00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice 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 31,000 31,250 $8,250 $750 $1,500 32,500 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 33,000 23% KIENGINEERING DATAEXCHANGEIANGIEMISTREETIE12090 NAVIGATION BLVD UP RIVER TO LEOPARD BOND 20121CONSTRUCTION MATERIALS TESTING115-1215 TESTING AGREEMENT.DOC Rev. 12/15115 AGENDA MEMORANDUM Future Item for the City Council Meeting of February 16, 2016 Action Item for the City Council Meeting of February 23, 2016 DATE: January 19, 2016 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 Engineering Services jeffreye@cctexas.com (361) 826-3851 CAPTION: Engineering Design -Build Contract J. C. Elliott Collection Center Building and Site Improvements Motion authorizing the City Manager, or designee, to execute a design -build contract with SafeNet Services, LLC of Corpus Christi, Texas for the J.C. Elliott Collection Center Building and Site Improvements in the amount of $904,375 for the total base bid and additive alternate 1. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract for the J. C. Elliott Collection Center Building and Site Improvements project. BACKGROUND AND FINDINGS: This project provides for a new permanent building of approximately 2,850 SF to replace the existing building that was purchased as a used manufactured building. The new building is necessary to support landfill activity and employees at the J. C. Elliott Collection Center, Solid Waste Transfer House and the Scale House and is required by permit to monitor and support the landfill closure over the next thirty (30) years. The existing facility is a manufactured building that was purchased used prior to being installed at J.C. Elliot Landfill, and is in poor condition and inadequate for intended uses as office space for landfill operational support. The facility is at the end of its useful life and it is cost prohibitive to restore or alter to meet current and future needs. This project provides for design -build construction contract with a Guaranteed Maximum Price (GMP) of $904,375 for the new office for J.C. Elliott Transfer Station. A previous project was developed under the traditional design -bid -build process and presented and to City Council on February 9, 2015 that Council rejected due to project cost. To address City Council's concerns, staff utilized the design- build approach to allow a comprehensive review by a Contractor-Architect/Engineer Team to find a more cost effective solution. As a result of the Design -Build effort, a cost reduction of approximately $150,000 was realized. The new proposed design also provides increased mission functionality with extended emergency power provisions to the site not included in the original project. Additionally, this solution places the new facility in an alternative location that allows the existing facility to remain in place during construction, avoiding additional staff relocation cost. The existing facility was to be relocated and repurposed for storage, however, it can now remain in place and be used for storage, so that additional savings can be realized by the City. The new design proposes improvements that exceed the original proposed design in several respects, to include: • Emergency power improvements to support disaster recovery • On -Site wastewater improvements • Keeping the existing building function for the duration of construction and realizing cost savings from not having to relocate the building function during construction • Keeping the existing building in place after construction for storage function and realizing cost savings by not relocating and re -connecting utilities to the relocated building. The proposed base bid is a GMP of $835,375.00 that provides for the new fully compliant ADA office building with all associated site work and miscellaneous improvements. The contractor proposed an Additive Alternative in the amount of $69,000 that provides an emergency generator with switchgear and equipment to allow this facility and the co -located buildings (scale house and transfer station) to be fully operational during a power outage in order to receive debris after a major disaster or event, per the City's emergency management plan. The proposed base bid contains the new wastewater improvements that were not in the original proposed design. The proposal indicates that the building and related parking lot and emergency generator improvements can be constructed in 6 months. City Staff requested and received proposals on December 3, 2015, through a two-phase Request for Qualifications (RFQ) / Request for Proposals (RFP) for Design -Build under Government Code Chapter 2269 for "Civil Works" projects in accordance with the Rules adopted by City Council. This project was determined to be a "Civil Works" project as this facility provides and conducts operations in direct support of landfill operations. Phase 1 was an RFQ whereby the City determined the most highly qualified of all respondents based on the published selection criteria and invited those respondents to submit proposals in Phase 2. Phase 2 was an RFP that required respondents to submit a technical proposal and a separately sealed cost proposal to be evaluated and selected for award based on the published evaluation criteria. The following presents the two submissions to the RFQ/RFP: Contractor Base Bid Additive Alternate SafeNet Services, LLC Corpus Christi, Texas $835,375.00 $69,000.00 Jacob White Construction Company Friendswood, Texas $878,885.00 N/A ALTERNATIVES: 1. Authorize execution of a construction contract. 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Complies with statutory requirements for architectural and engineering contracts. Conforms to FY 2015-2016 Street Capital Improvement Planning (CIP) Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Solid Waste Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $137,900.00 $1,772,900.00 $0.00 $1,910,800.00 Encumbered / Expended Amount $137,900.00 $0.00 $0.00 $137,900.00 This item $0.00 $904,375.00 $0.00 $904,375.00 Future Anticipated Expenditures This Project $0.00 $187,727.50 $0.00 $187,727.50 BALANCE $0.00 $680,797.50 $0.00 $680,797.50 Fund(s): PH&S 03 Comments: RECOMMENDATION: City staff recommends the contract award to SafeNet Services LLC in the amount of $904,375.00 for the J. C. Elliott Collection Center Building and Site Improvements for the Base Bid plus Additive Alternate No. 1. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation PROJECT BUDGET J. C. ELLIOTT COLLECTION CENTER BUILDING AND SITE IMPROVEMENTS Project No. E11060 January 12, 2016 PROJECT FUNDS AVAILABLE: Landfill CIP (CO) $ 1,910,800.00 TOTAL PROJECT FUNDS AVAILABLE 1,910,800.00 FUNDS REQUIRED: Construction Fees: Construction( SafeNet) $904,375.00 Contingencies (10%) 90,437.50 Construction Materials Testing (Tolunay-Wong) 7,310.00 SUB -TOTAL REQUIRED FOR CONSTRUCTION 1,002,122.50 Design Fees: Architect (Kleinfelder) 115,509.00 SUB -TOTAL REQUIRED FOR DESIGN 115,509.00 Reimbursements: Contract Administration (Eng. Admin/Finance/Capital Budget)(2.25%) 42,993.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt)(3.50%) 66,878.00 Misc. (Printing, Advertising, etc.) 2,500.00 SUB -TOTAL REQUIRED FOR REIMBURSEMENTS $112,371.00 TOTAL PROJECT EXPENDITURES $1,230,002.50 ESTIMATED PROJECT BALANCE $ 680,797.50 PROPOSED 6 PARKING SPACES (INCLUDES 1 HANDICAP) EXISTING OFFICE BUILDING PROPOSED OFFICE BUILDING 1 EXISTING SCALE HOUSE EXISTING GUARD SHACK LOCATION MAP �� °°O NOT TO SCALE PROJECT: E11060 J.C. Elliot Collection Center Building and Site Improvements CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 OF 1 Corpus Chr"sti Engineering J. C. Elliott Collection Center Building and Site Improvements Council Presentation February 16, 2016 Project Location Corpus Chr sti Engineering .;k PROPOSED 6 PARKING — SPACES (INCLUDES 1 HANDICAP) EXISTING OFFICE BUILDING (MANUFACTURED) PROPOSED OFFICE BUILDING EXISTING -- SCALE HOUSE EXISTING - - , GUARD SHACK LOCATION MAP NOT 70 SCALE PROJECT- E11060 JC Elliott Office Building — 7001 Ayers St. Corpus Chr sti Engineering Project Scope: Construct a new 2,850 SF energy efficient facility to service the City Transfer Station (Commercial) and Citizens (Residential) Collection Center with the following features: Award recommendation $904,375; Base Proposal plus Additive Alternative • Supports 31 employees assigned to the JC Elliot and Customer Service Center • Supports TCEQ permit requirements for monitoring and support of landfill closure over next 30 years Fully ADA compliant • Emergency Power Generator, switch gear and cabling to support to post -event cleanup Improved Design Features from original project: • Cost Savings of approximately $150,000 • Improved Site Plan reducing cost for relocation of existing building Reduced operational disruptions with new Site Plan • Improved on-site wastewater services to new building and existing Scale House • Extended Emergency Power to new building, Scale House, and Transfer Station JC Elliott Office Building — 7001 Ayers St. Corpus Chr sti Engineering EXISTING FACILITY Project Schedule Corpus Chr'sti Engineering 2016 Jan Feb �sigfti LAwa rd Mar Apr May Jun Jul Aug Construction Project Estimate: 120 Calendar Days 6 Months AGENDA MEMORANDUM Future item for the City Council Meeting of February 16, 2016 Action item for the City Council Meeting of February 23, 2016 DATE: January 29, 2016 TO: Ronald L. Olson, City Manager FROM: Valerie H. Gray, P.E., Executive Director of Public Works ValerieG@cctexas.com (361) 826-3729 Jeff Edmonds, Director of Engineering Services JeffE@cctexas.com (361) 826-3851 County Road 52, Phase 2, Extension Project - Real Estate Sales Contracts for acquisition of necessary right of way CAPTION: Motion authorizing the City Manager or designee to execute Real Estate Sales Contracts with Nueces Electric Cooperative, Inc. (NEC) in the amount of $715,980 plus $6,000 in estimated closing costs for acquisition of Parcel 1 and with Solomon Abdo and A.L. Hernden in the amount of $128,350 plus $2,300 in estimated closing costs for acquisition of Parcel 2, for a total expenditure of $852,630 for both parcels, for the purpose of acquiring fee simple surface rights to two tracts of land containing a total of 11.57 acres including 2,400 linear feet of existing paved road improvements across the NEC property, both located 0.6 miles south of Northwest Boulevard (FM624) and west of FM 1889, required for the construction of the County Road 52 Extension Project — CR69 to FM 1889, Bond 2012. PURPOSE: The County Road 52 Extension Project requires acquisition of 100 -feet wide right-of-way extending from County Road 69 westward to Farm to Market Road 1889. There are four parcels necessary for this project. This agenda item approves the purchase of the two larger parcels containing a total of 11.57 acres. The project is being funded and constructed between the City of Corpus Christi and Nueces County through an Interlocal Agreement approved by City Council in July 2015. City expenditures for land rights in excess of $50,000 require City Council approval. BACKGROUND AND FINDINGS: The first phase of County Road 52 was completed in 2010 and constructed solely by the City of Corpus Christi through the Bond 2004 program. The road project extended from Highway 77 westward to County Road 69. The current Phase 2 will extend the existing CR 52 road from CR69 westward to FM 1889 as shown on the attached City Council Exhibit. There were four parcels of land required in order to establish a 100 -foot wide right of way for this extension. Two of the smaller parcels have been acquired from South Texas Electric Company and from the Driscoll Foundation. The larger parcels, Parcels 1 and 2, are under contract and require City Council approval. In July 2015, the City of Corpus Christi and the County of Nueces entered into an Interlocal Agreement whereby each entity would provide $2,000,000 towards design, land acquisition, and construction. The proposed roadway would consist of a 2 -lane section with 12 -foot wide travel lanes, 8 -foot shoulder lanes, and new striping/markings. Final design and construction will be the responsibility of Nueces County. Funding for these contracts will be out of the City's $2,000,000 portion. The project was originally approved in the November 2012 General Obligation Bond Election under Proposition 8, Economic Development Projects. Parcel 1 is owned by the Nueces Electric Cooperative, Inc. (NEC). This parcel contains a total of 4.73 acres of land and includes an existing asphalt surfaced road which was constructed by NEC using County specifications. The City obtained an appraisal report from Smith, Kirkpatrick, and Klager, a local independent professional real estate appraisal firm to establish the land value. The appraisal reported a land value of $84,960 for the 4.73 acres of land plus $11,700 in severance damages due to the severance of 0.65 -acre area of land between the subject right of way and their north property line. In addition, the contract purchases the existing asphalt paved street previously constructed by NEC at a depreciated cost of $619,320 for the 2,400 linear feet of street. The total contract amount of $715,980 includes the land in fee simple and the street improvements. Parcel 2 is owned by the partners of Solomon Abdo and A.L. Hernden. This parcel contains a total of 5.07 acres of agricultural land. This parcel was also appraised by the Smith, Kirkpatrick, and Klager appraisal firm. The land appraised in the amount of $13,000 per acre or $65,910. The landowners submitted a counter offer for $20,000 per acre based on their appraisal. In addition, there is a 1.77 acre tract of land severed between the subject right of way and the north property line. This 1.77 acre strip of land will also be conveyed to the City as severance damages. The City will be acquiring a total of 6.84 acres for $128,350 at an average cost of $18,764 per acre. Upon passage of this motion by City Council, both contracts will be escrowed with Bay Area Title Services, Inc on South Staples Street. The City will take title to these lands at closing and later transfer title to Nueces County. ALTERNATIVES: 1. Execute the Real Estate Sales Contract as submitted under the negotiated terms. (recommended). 2. Do not execute the Real Estate Sales Contract, attempt renegotiation, and risk using eminent domain proceedings. (not recommended). 3. Do not execute the Real Estate Sales Contract and seek alternative routing. (not recommended) CONFORMITY TO CITY POLICY: The Real Estate Sales Contracts are permitted by City Charter, Article X, General Powers and Provisions Section 1 (a)(8) to acquire and own property by the City and also by Section 2 (A) requiring contracts to be authorized by the City Council where the expenditure exceeds the limit of $50,000. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Engineering Services FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures Current Year Future Years TOTALS Budget $2,000,000 $2,000,000 Encumbered / Expended Amount $0.00 $0.00 This item $852,630 $852,630 Future Anticipated Expenditures This Project $0.00 $0.00 BALANCE $1,147,370 $1,147,370 Fund(s): Bond 2012 RECOMMENDATION: City staff recommends passage of the Motion approving the Real Estate Sales Contracts. LIST OF SUPPORTING DOCUMENTS: Location Map Real Estate Sales Contract, NEC Real Estate Sales Contract, Abdo & Hernden •• • • A• LOCATION MAP NOT TO SCALE PROJECT: E12136 COUNTY ROAD 52 EXTENSION CR 69 to FM 1889 ( BOND ISSUE 2012 ) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 OF 1 DEPARTMENT OF ENGINEERING SERVICES Property and Land Acquisition Division CR52 Extension, CR69 to FM1889 Project # [12136, Parcel 1, NEC Real Estate Sales Contract THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS COUNTY OF NUECES § This Contract is entered into by NUECES ELECTRIC COOPERATIVE, INC. herein called "Seller" and the CITY OF CORPUS CHRISTI, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 herein called "Buyer". 1. Property. Seller for the consideration and under the terms set out herein, agrees to convey to Buyer the surface estate only of the property described below together with all rights, privileges, existing road improvements, save and except all electrical transmission and distribution lines, underground utility lines, transformers and related property, pertaining to the property situated in Nueces County, Texas: A parcel of land containing 4.73 acres as described by metes and bounds in the attached Exhibit A and as shown on the map attached as Exhibit B, said parcel of land is located within the Nueces River Irrigation Park, Section 2, Lots 9 and 10 as recorded in Volume A, Page 54 of the Map Records of Nueces County, Texas. The Warranty Deed conveying the property shall include language which reserves to Seller a Utility Easement recorded in Document No. 2016002613, Nueces County Deed Re cords, to accommodate Sellers existing electrical transmission and distribution lines, and other improvements located within the boundary of the property conveyed. 2. Purchase Price. $715,980 cash to Seller at closing contingent on: a. Buyer determining that the City and County project funds are sufficient for acquisition of all land parcels for the Project and for all design/construction expenditures after review of contractor bids obtained by Buyer. b. Buyer acquiring all land parcels necessary for construction of the road project. 3. Title Insurance. The Seller must provide, at Buyer's expense, a title insurance policy that guarantees good and indefeasible title to the Property, without exceptions to title other than the standard printed exceptions and exceptions permitted under this Contract, and that wholly insures and indemnifies Buyer against any title defects or adverse claims. A reliable title insurance company or title guaranty company ("Title Company") must issue the title insurance policy. The title commitment for title insurance must be delivered to Buyer within 30 days after receipt of the Contract by the Title Company, with the title insurance policy to be timely issued after Closing. 4. Warranty Deed and Closing Costs. After securing the title insurance commitment, Seller must execute a General Warranty Deed, drafted in accordance with the provisions of this Contract, that conveys indefeasible title to the Property to Buyer, and Buyer must make the cash payment. Buyer will pay all Closing Costs except costs to cure title, which must be paid by Seller. 5. Property Taxes. Property taxes for the year 2015, if due and payable or incurred for the year, will be prorated between the Buyer and the Seller from January 1, 2015 to the date of Closing. If contract is Closed in 2016, proration will be on similar terms. The prorated taxes are only an estimate indicated by a Tax Certificate obtained by the Title Company and the Seller agrees to pay any shortages of property taxes should they occur during the following year. Seller shall promptly execute a Tax Proration Agreement expressly stating this agreement. 6. Earnest Money. Buyer deposits One Thousand Dollars and no cents ($1,000.00) with the Title Company as Earnest Money, which will be applied to the balance of the purchase price owing at Closing; Buyer will pay the balance of the purchase price owing at Closing. When the Title Company possesses the executed deed, any other necessary paperwork, and the balance of the cash payment, the Title Company will close and finalize the conveyance in accordance with its customary procedure. If Buyer fails to Close on this Contract as set out herein, for any reason other than title defects and/or the contingencies stipulated in Section 2, Purchase Price, Seller is entitled to the Earnest Money as liquidated damages for breach of this Contract. If Seller fails to tender an executed deed conveying the Property in accordance with the terms of this Contract, Buyer may seek to enforce this Contract by an action for specific performance. 7. Restrictions on Title. Except for a restriction on title that would prohibit the use of the Property as a pubic road, Buyer accepts title to the Property subject to all recorded restrictive covenants and use restrictions, if any, and all applicable City zoning regulatory ordinances, if any. 8. Time for Performance. This transaction will be closed and completed through the Title Company on or before 90 days from the Effective Date of this Contract. Seller gives Buyer possession of the Property by executing the General Warranty Deed. Seller's execution of this Contract means that Seller has read and understands that this Contract is not binding on Buyer until approved and accepted by the City of Corpus Christi City Council and executed by the City Manager of the City of Corpus Christi, 2 Texas, or designee. Buyer must execute this Contract within 45 days from the date of Seller's execution of this Contract or this Contract is void. Survives Closing. This Contract survives Closing of the sale of the Property and the delivery of the General Warranty Deed and other necessary documents by Seller to Buyer at Closing, and all terms and conditions remain in effect between Seller and Buyer. 10. 60 -Day Inspection Period. Buyer shall have sixty (60) days (the "60 -Day Inspection Period") from the Effective Date of the contract hereof to notify Seller of Buyer's election, in Buyer's sole discretion, to cancel this Contract and receive a refund of the Earnest Money in the event that Buyer finds the Property to be unacceptable for any reason. Buyer shall have reasonable access to the Property during all normal business hours and Seller agrees to cooperate with and assist Buyer in Buyer's inspection of the Property. Failure of Buyer to deliver to Seller, within the 60 -Day Inspection Period, written notice of Buyer's determination that the Property is unacceptable and to terminate this Contract shall constitute an election by Buyer to proceed with this Contract and a waiver of Buyer's right to terminate this Contract on this basis. a. Right of Entry. (1) During the 60 -Day Inspection Period, and at Buyer's sole expense, Buyer or Buyer's authorized agents shall have the right to enter upon the Property for purposes of making such land surveys, environmental site analysis, engineering studies, wetland studies, soil borings and soil analysis as Buyer may deem necessary. Buyer shall not cause or permit damage or injury to the Property. Upon termination of this Contract, Buyer shall promptly restore the Property to the condition existing prior to any tests or studies conducted pursuant to this Contract. This obligation shall survive the termination of this Contract, notwithstanding anything to the contrary contained herein. Seller shall make available for Buyer's inspection and copying within ten (10) days from the date hereof all reports, studies and tests in Seller's possession with respect to the Property. (2) In connection with Buyer's inspections, studies, and assessments, Buyer must: (i) employ only trained and qualified inspectors and assessors; (ii) notify Seller, in advance, of when the inspectors or assessors will be on the Property; (iii) abide by any reasonable entry rules or requirements that Seller may require; (iv) not interfere with existing operations or occupants of the Property; and (v) restore the Property to its original condition if altered due to inspections, studies, or assessments that Buyer completes or causes to be completed. b. Environmental Condition of Property. Definitions. "Environmental Law" shall mean any law relating to environmental conditions and industrial hygiene applicable to the Property, including without limitation, the Resource Conservation 3 and Recovery Act of 1976, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Clear Air Act, the Clear Water Act, the Toxic Substances Control Act, the Endangered Species Act, the Safe Drinking Water Act, the Texas Water Code, the Texas Solid Waste Disposal Act, and all similar applicable federal, state and local environmental statutes, ordinances and the regulations, orders and decrees now or hereafter promulgated thereunder. "Hazardous Materials" shall mean any pollutant, toxic substance, hazardous waste, hazardous material, hazardous substance, or oil as defined in any Environmental Law existing as of the date hereof. Environmental Audit. Buyer shall have the right to cause an independent environmental consultant chosen by Buyer, in Buyer's sole discretion, to inspect the Property, including but not limited to an Environmental Site Analysis (ESA) Phase I and Phase II, to determine the condition of the Property, the presence of any Hazardous Materials and any apparent violation of any Environmental Law (the "Environmental Audit") and to deliver a report describing the findings and conclusions of the Environmental Audit. The cost and expense of the Environmental Audit shall be borne by Buyer. If the Environmental Audit reveals, or at any time prior to closing Buyer otherwise becomes aware of the existence of any environmental condition or violation of any Environmental Law which Buyer is unwilling to accept or the Seller is unwilling to cure, Buyer shall have the right and option to cancel this Contract and receive a full return of the Earnest Money. Buyer acknowledges that it is purchasing an existing roadway and in no way will such roadway be considered Hazardous Material or be the subject of any Environmental Audit as referred to in this Paragraph 10(b). 11. Broker Commission. Seller is responsible for payment of all Broker's fees and commissions, if applicable, incurred in connection with the sale of this property. Buyer has not incurred any Broker fees. Buyer and Seller represent that no brokers fees or commissions are payable. 12. Possession. At the Closing, the Property will be conveyed free of the rights of possession of any third parties in or to the Property except for valid easements, if any, filed of record and currently in force and effect. 13. Representations and Warranties. By Seller. In order to induce Buyer to enter into this Contract, Seller makes the following representations and warranties all of which will be true and correct as of the date hereof and as of the date of closing: Authority; No Conflict. Seller has the absolute and unrestricted right, power and authority to execute and deliver this Contract and the documents to be executed and delivered by Seller in 4 connection with the closing of the transactions described in this Contract (such documents being collectively referred to herein as "Seller's Closing Documents") and to perform its obligations under this Contract and the Seller's Closing Documents. Seller shall present to the Buyer and/or the Title Company, if necessary, all reasonable evidence of such authority which may be requested by either of them. The execution and delivery of this Contract and Seller's Closing Documents, the consummation of the transactions described herein, and compliance with the terms of this Contract will not conflict with, or constitute a default under, any agreement to which Seller is a party or by which Seller or the Property is bound, or violate any regulation, law, court order, judgment, or decree applicable to Seller or the Property, except as otherwise expressly provided herein. No Litigation or Proceedings. Seller has no knowledge of any pending or threatened litigation, condemnation, or assessment affecting the Property. Environmental Representations. Except as otherwise expressly provided herein, Seller has no knowledge that the Property contains Hazardous Materials (as defined in Section 10(b)), contains any underground storage tanks, or is not in full compliance with all Environmental Laws (as defined in Section 1 0(b)). Title to Property. Seller has full and complete fee simple title to the Property, subject only to the liens and encumbrances, if any, disclosed on the Commitment or Survey to be furnished to Buyer hereunder. No Options. No person, corporation, or other entity has or, on the date of Closing, shall have any right or option to acquire the Property. Compliance. Seller has not received any notice from any governmental agency regarding the Seller's or the Property's non-compliance with applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property. 14. Mineral Reservation. The sale of the Property is without minerals. Seller reserves unto itself all of its right, title and interest in and to the oil, gas and other minerals in, on, or under the Property. Seller may neither construct nor operate, nor allow for others to construct or operate, a well or other drilling or extraction device on the Property. Seller shall execute a no -drilling agreement, prepared by Buyer, to ensure that Seller will neither construct or operate, nor allow for the construction or operation of, a well or other drilling or extraction device on the Property while exercising Seller's or any other individual or corporate person's right to recover any subsurface oil, gas, or other minerals. Seller agrees that any exercise of any right to recover any subsurface oil, gas, or other minerals may not interfere with the rights of the public for use of the Property as a roadway. Seller acknowledges that compliance with this paragraph may require of Seller or any other party to exercise a right to recover subsurface oil, gas or other minerals by use of directional drilling or other methods. 15. Essential. Time is of the essence in closing this transaction. 5 16. Effective Date. The effective date of this Real Estate Sales Contract is the date in which the Contract is signed by the Buyer. 17. Counterparts: Multiple original copies of this contract may be executed, and the execution of this contract may be through the execution by the parties of separate counterparts. All of the original copies of this contract together shall constitute one agreement, binding on all of the parties hereto notwithstanding that the parties hereto may or may not be signatories to the same counterpart. Each of the undersigned parties authorizes the assembly of one or more original copies of this contract, such that each such original copy of this contract shall consist of (i) the body of this contract and (ii) counterpart signature pages and acknowledgment pages which collectively include all of the signatures and acknowledgments of the parties hereto. Each such contract shall constitute one original of this contract. When the context requires, singular nouns and pronouns include the plural. 18. Each person signing this contract represents and warrants that they have authority to execute this contract on behalf of their governing bodies and legally bind the parties. Executed in triplicate, any of which constitutes an original on this Effective Date of Snuay _2 / SELLER ,2016. NUECES ELECTRIC COOPERATIVE, INC. By Printed: Trace McCuan Title: Chief Executive Officer 6 THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on )14(10 (,ft 1, 2.1 (-2L , 20141 by V(C t L (GC., {lel , as t lf.(' ,XiLU 11 v t it-ccfor Nueces Electric Cooperative, I ., . • - • .1f of the corporation. LIANE NICOLE PADILLA My Notary ID # 130442207 Expires November 17, 2019 [Seal] Lt“-- C 2,,c,(ALL Notary Public in and for the State of Texas BUYER CITY OF CORPUS CHRISTI, TEXAS By: Valerie H. Gray, P. E. Executive Director of Public Works ATTEST: REBECCA HUERTA, CITY SECRETARY 7 THE STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on , 201 by Valerie H. Gray, P. E., as Executive Director of Public Works for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public in and for the State of Texas [Seal] APPROVED AS TO LEGAL FORM THIS Z (P DAY OF FOR THE CITY ATTORNEY Janet L. Kellogg Assistant City Attorney 8 ,201%. EXHIBIT "A" LEGAL DESCRIPTION OF A VARIABLE WIDTH RIGHT-OF-WAY FOR THE EXPANSION OF COUNTY ROAD 52 CONTAINING 4.73 ACRES NUECES COUNTY, TEXAS BEING A VARIABLE WIDTH RIGHT-OF-WAY CONTAINING 4.73 ACRES OF LAND RUNNING ACROSS LAND GRANTED TO NUECES ELECTRIC COOPERATIVE IN THE DEED RECORDED AS DOCUMENT #2009025444 OF THE DEED RECORDS OF NUECES COUNTY, TEXAS, SAID PROPERTY ALSO BEING OUT OF LOTS 9 AND 10, SECTION 2 OF 'fHE NUECES RIVER IRRIGATION PARK AS SHOWN ON THE MAP RECORDED IN VOLUME A, PAGE 54 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a found concrete TxDOT monument in the eastern Right -Of -Way line of Farm to Market Road 1889 and at the northwest corner of Lot 1 of the Valley View Subdivision as shown on the map recorded in Volume 43, Page 6 of the Map Records of Nueces County, Texas; THENCE South 72°43'40" East, a distance of 2202.91 feet to a 5/8" diameter by 18 inch long iron rod with a red plastic cap stamped "NAISMITH ENG. C.C., TX" set (hereinafter called iron rod set) in the western property line of said Lot 10, marking the Northwestern corner of the herein described Right -Of -Way and the POINT OF BEGINNING; THENCE North 86°38'32" East, a distance of 205.03 feet, to an iron rod set for a corner of the herein described Right -Of- Way; THENCE South 84°53'39" East, a distance of 1096.16 feet to an iron rod set for a corner of the herein described Right -Of -Way; THENCE North 86°08'29" East, a distance of 257.36 feet to an iron rod set on the common center line of a 30 foot Right -Of -Way (15' on either side), same being the north line of said Lot 9, as shown on the map recorded in Volume A, Page 54 of the Map Records of Nueces County, Texas; "THENCE South 84°47'04" East, with said common line, a distance of 706.07 feet to an iron rod set in the easterly property line of said Lot 9 for the Northeastern corner of the herein described Right -Of -Way; THENCE South 09°21'56" Wcst, with the easterly property line of said Lot 9, a distance of 65.17 feet to an iron rod set for the Southeastern corner of the herein described Right -Of -Way; THENCE North 84°47'04" West, a distance of 474.27 feet to an iron rod set for a corner of the herein described Right -Of -Way; :A'd)I_'it�lf'ilAktp,VIANI,h ':IrI! I AI(�I' ;(ll��l(=fl 1.ri )I MI•di,,i - >arcl.�rf[ THENCE South 86° 08' 29" West, a distance of 479.19 feet to an iron rod set for a corner of the herein described Right -Of -Way; THENCE North 84° 53' 39" West, a distance of 1096.60 feet to an iron rod set for a corner of the herein described Right -Of -Way; THENCE South 86° 38' 32" West, a distance of 205.13 feet to an iron rod set for a corner of the herein described Right -Of -Way; THENCE North 84° 47' 04" West, a distance of 14.75 feet to an iron rod set for the Southwestern corner of the herein described Right -Of -Way; THENCE North 09°21'56" East, a distance of 100.26 feet with the westerly' property line of said Lot 10 to the POINT OF BEGINNING and containing 206,073 square feet or 4.73 acres; NOTE: ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE NAD 1983. \i\Nr'Q Stacey Ki Mot4 RPLS Registered Professional Land Surveyor Texas Registration No. 6166 Naismith Engineering, Inc. TBPE F# 355 TBPLS F# 100395-00 Date: 1iv00" 20( LA 1l' C, I)'HISIT:;\I.(r(S 91, t0IC9 t - Inc I'a(?C i ov ) LEGEND: = 5/8" DIAMETER BY 24" LONG IRON ROD WITH RED PLASTIC CAP STAMPED "NAISMITH ENG. C.C. TX" SET El = CONCRETE TxDOT MONUMENT FOUND = CALCULATED POINT I -POINT OF COMMENCING FOUND CONCRETE TXDOT MONUMENT IN THE EASTERN RIGHT—OF—WAY UNE OF FARM TO MARKET ROAD 1889 AT THE NORTHWEST CORNER OF LOT 1 OF THE VALLEY VIEW SUBDIVISION MAP VOLUME 43, PAGE 6 M.R.N. C. T. / -J OA 0 100 200 400 I POINT OF BEGINNING 58- IRON ROD SET LCT LINE 0 LL, L11 27 0 0 L2 L10 1 I GRAPHIC SCALE IN FEET LOT 7, SECTION 2 NUECES RIVER IRRICATION PARK VOLUME A, PACE 54 MAP RECOROS, NUECES COUNTY, TEXAS ORAINACE DITCH R.O.W. CLERK'S FILE NO. 376168 DEED RECORDS, NUECES COUNTY, TEXAS 30' ROAO RIGHT- OF WAY VOLUME A, PAGE 54 DRISCOLL FOUNDATION MAP RECOROS, NUECES COUNTY, TEXAS VOLUME 248, PACE 208 DEED RECORDS, NUECES COUNTY, IE_XAS (LOTS 7 & 8) EXHIBIT "B" -i►i Z 0 LOT 8, SECTION 2 NUECES RIVER IRRIGATION PARK VOLUME A, PAGE 54 MAO RECOROS, NUECES COUNTY, TEXAS __L3 NEW COUNTY ROAD 52 RIGHT-OF-WAY— — — 206,073 SQUARE FEET/ 4.73 ACRES I I WATERLINE EASEMENT— EASEMENT C LI DOC. # 2012036235 DOC. # 2016002613 1, Stacey King Mora.,Registered Professional Land Surveyor,hereby certify that this survey was prepared from an actual on the ground survey made under my direction and supervision, and represents the facts found at the time of survey, and that this survey substantially complies with the current standards adopted by the Texas Board of Professional Land Surveying. Stacey Kin Mora Registered Professional Land Surveyor Texas Registration No. 6166 Naismith En-1)(4,14"- gineenng, Inc. Date. 11tii4 fL4 li 2121 LO' 10, SECTION 2 NUECES RIVER IRRIGATION PARK VOLUME A, PACE 54 MAP RECORDS, NUECES COUNTY, TEXAS L4 EASEMENT D DOC. # 2016002613 NUECES E_ECTR'C COOPERATIVE NC OOUCUMENT NUMBER 2009025444 OFFICIAL PUBLIC RECORDS, NUECES COUNTY, TEXAS (L01S 9 & 10) Parcel Line Table Line # Direction Length L1 S72' 43' 40'E 2202.91' L2 N86' 38' 32'E 205.03' L3 S84' 53' 39'E 1096.16' L4 N86' 08' 29'E 257.36' L5 S84' 47' 04'E 708.07' L6 S9' 21' 56'W 65.17' TTT L8 FM 624/NORTFIEST BLVD. SIESTA LOOP 1 CR 52B K U RIVERWAY DRNE RNER ROCK DRIVE PROJECT 8ITE 5 EASEMENT E DOC. # 20160026'3 LOCATION MAP (NOT TO SCALE) SOUTH I EXAS ELECTRIC COOPERATIVE VOLUME 1297, PACE 498 DEED RECORDS, NUECES COUNTY, TEXAS L5 OT 9, SECTION 2 NUECES RIVER 'RR'GATION PARK VOLUME A, PACE 54 MAP RECORDS, NUECES COUNTY, TEXAS COUNTY ROAO 69 Line # Direction Length L7 N84' 47' 04'W 474.27' L8 S88' 08' 29'W 479.19' L9 N84' 53' 39'W 1096.80' L10 S86' 38' 32'W 205.13' L11 N84' 47' 04'W 14.75' L12 N9' 21' 56'E 100.26' L7 EASEMEN- 6 DOC. # 2016002613 LOT LINE L6 GENERAL NOTES: 1. ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE (NAD83). NaismithEngineering,Inc ENGINEERING ■ENVIRONMENTAL■ SURVEYING F155 TBPE FIRM *355 TBPLS FIRM MW395-OD 4501 GOLLIHAR RD CORPUS CHRISTI,TEXAS 78411 PH NO. 361-814-9900 PLAT OF EXPANSION OF COUNTY ROAD 52 RIGHT -OF—WAY ACROSS LANDS OWNED BY NUECES ELEC'T'RIC COOPERA'T'IVE NUECES COUNTY, TEXAS °"'"'" RMC SKM 1"=tar °r° ' 9015-CR52-EXH s 9015 'd" 01-13-16 2 1 DEPARTMENT OF ENGINEERING SERVICES Property and Land Acquisition Division CR52 Extension, CR69 to FM1889 Project # E 12136, Parcel 2, Abdo-Hernden Real Estate Sales Contract THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS COUNTY OF NUECES § This Contract is entered into by Solomon Abdo and A. L. Hernden herein called "Seller" and the CITY OF CORPUS CHRISTI, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 herein called "Buyer". 1. Property. Seller for the consideration and under the terms set out herein, agrees to convey to Buyer the surface estate only of the property described below together with all rights, privileges, existing road improvements and all appurtenances pertaining to the property situated in Nueces County, Texas: a. A parcel of land containing 5.07 acres as described by metes and bounds in the attached Exhibit A and as shown on the map attached as Exhibit B, said parcel of land is located within the Nueces River Irrigation Park, Section 2, Lots 11 and 12 as recorded in Volume A, Page 54 of the Map Records of Nueces County, Texas. b. A parcel of land containing 1.77 acres, more or less, as described by metes and bounds in the attached Exhibit C and as shown on the map attached as Exhibit D, said parcel of land located within the Nueces River Irrigation Park, Section 2, Lot 12, as recorded in Volume A, Page 54 of the Map of Nueces County, Texas. 2. Purchase Price. 5128,350.00 cash to Seller at closing contingent on: a. Buyer determining that the City and County project funds are sufficient for acquisition of all land parcels for the Project and all design/construction expenditures after review of contractor bids obtained by Buyer. b. Buyer acquiring all land parcels necessary for construction of the road project. 3. Title Insurance. The Seller must provide, at Buyer's expense, a title insurance policy that guarantees good and indefeasible title to the Property, without exceptions to title other than the standard printed exceptions and exceptions permitted under this Contract, and that wholly insures and indemnifies Buyer against any title defects or adverse claims. A reliable title insurance company or title guaranty company ("Title Company") must issue the title insurance policy. The title commitment for title insurance must be delivered to Buyer within 30 days after receipt of the Contract by the Title Company, with the title insurance policy to be timely issued after Closing. 4. Warranty Deed and Closing Costs. After securing the title insurance commitment, Seller must execute a General Warranty Deed, drafted in accordance with the provisions of this Contract, that conveys indefeasible title to the Property to Buyer, and Buyer must make the cash payment. Buyer will pay all Closing Costs except costs to cure title, which must be paid by Seller. 5. Property Taxes. Seller must pay all property taxes incurred on the Property up to and including 2015. All property taxes for the year 2016, if any due and payable or incurred for the year, will be prorated between the Buyer and the Seller from January 1, 2016 to the date of Closing. The prorated taxes are only an estimate indicated by a Tax Certificate obtained by the Title Company and the Seller agrees to pay any shortages of property taxes should they occur during the following year. Seller shall promptly execute a Tax Proration Agreement expressly stating this agreement. 6. Earnest Money. Buyer deposits One Thousand Dollars and no cents ($1,000.00) with the Title Company as Earnest Money, which will be applied to the balance of the purchase price owing at Closing; Buyer will pay the balance of the purchase price owing at Closing. When the Title Company possesses the executed deed, any other necessary paperwork, and the balance of the cash payment, the Title Company will close and finalize the conveyance in accordance with its customary procedure. If Buyer fails to Close on this Contract as set out herein, for any reason other than title defects and/or the contingencies stipulated in Section 2, Purchase Price, Seller is entitled to the Earnest Money as liquidated damages for breach of this Contract. If Seller fails to tender an executed deed conveying the Property in accordance with the terms of this Contract, Buyer may seek to enforce this Contract by an action for specific performance. 7. Restrictions on Title. Except for a restriction on title that would prohibit the use of the Property as a pubic road, Buyer accepts title to the Property subject to all recorded restrictive covenants and use restrictions, if any, and all applicable City zoning regulatory ordinances, if any. 8. Time for Performance. This transaction will be closed and completed through the Title Company on or before 120 days from the date this contract is approved by the City Council and executed by the City Manager or his designee. Seller gives Buyer possession of the Property by executing the General Warranty Deed. Seller's execution of this Contract means that Seller has read and understands that this Contract is not binding on Buyer until approved and accepted by the City of Corpus Christi City Council and executed by the City Manager of the City of Corpus Christi, 2 Texas, or designee. Buyer must execute this Contract within 75 days from the date of Seller's execution of this Contract or this Contract is void. 9. Survives Closing. This Contract survives Closing of the sale of the Property and the delivery of the General Warranty Deed and other necessary documents by Seller to Buyer at Closing, and all terms and conditions remain in effect between Seller and Buyer. 10. 60 -Day Inspection Period. Buyer shall have sixty (60) days (the "60 -Day Inspection Period") from the effective date of the contract hereof to notify Seller of Buyer's election, in Buyer's sole discretion, to cancel this Contract and receive a refund of the Earnest Money in the event that Buyer finds the Property to be unacceptable for any reason. Buyer shall have reasonable access to the Property during all normal business hours and Seller agrees to cooperate with and assist Buyer in Buyer's inspection of the Property. Failure of Buyer to deliver to Seller, within the 60 -Day Inspection Period, written notice of Buyer's determination that the Property is unacceptable and to terminate this Contract shall constitute an election by Buyer to proceed with this Contract and a waiver of Buyer's right to terminate this Contract on this basis. a. Right of Entry. (1) During the 60 -Day Inspection Period, and at Buyer's sole expense, Buyer or Buyer's authorized agents shall have the right to enter upon the Property for purposes of making such land surveys, environmental site analysis, engineering studies, wetland studies, soil borings and soil analysis as Buyer may deem necessary. Buyer shall not cause or permit damage or injury to the Property. Upon termination of this Contract, Buyer shall promptly restore the Property to the condition existing prior to any tests or studies conducted pursuant to this Contract. This obligation shall survive the termination of this Contract, notwithstanding anything to the contrary contained herein. Seller shall make available for Buyer's inspection and copying within ten (10) days from the date hereof all reports, studies and tests in Seller's possession with respect to the Property. (2) In connection with Buyer's inspections, studies, and assessments, Buyer must: (i) employ only trained and qualified inspectors and assessors; (ii) notify Seller, in advance, of when the inspectors or assessors will be on the Property; (iii) abide by any reasonable entry rules or requirements that Seller may require; (iv) not interfere with existing operations or occupants of the Property; and (v) restore the Property to its original condition if altered due to inspections, studies, or assessments that Buyer completes or causes to be completed. b. Environmental Condition of Property. Definitions. "Environmental Law" shall mean any law relating to environmental conditions and industrial hygiene applicable to the Property, including without limitation, the Resource Conservation 3 and Recovery Act of 1976, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Clear Air Act, the Clear Water Act, the Toxic Substances Control Act, the Endangered Species Act, the Safe Drinking Water Act, the Texas Water Code, the Texas Solid Waste Disposal Act, and all similar applicable federal, state and local environmental statutes, ordinances and the regulations, orders and decrees now or hereafter promulgated thereunder. "Hazardous Materials" shall mean any pollutant, toxic substance, hazardous waste, hazardous material, hazardous substance, or oil as defined in any Environmental Law existing as of the date hereof. Environmental Audit. Buyer shall have the right to cause an independent environmental consultant chosen by Buyer, in Buyer's sole discretion, to inspect the Property, including but not limited to an Environmental Site Analysis (ESA) Phase I and Phase II, to determine the condition of the Property, the presence of any Hazardous Materials and any apparent violation of any Environmental Law (the "Environmental Audit") and to deliver a report describing the findings and conclusions of the Environmental Audit. The cost and expense of the Environmental Audit shall be borne by Buyer. If the Environmental Audit reveals, or at any time prior to closing Buyer otherwise becomes aware of the existence of any environmental condition or violation of any Environmental Law which Buyer is unwilling to accept or the Seller is unwilling to cure, Buyer shall have the right and option to cancel this Contract and receive a full return of the Earnest Money. 11. Broker Commission. Seller is responsible for payment of all Broker's fees and commissions incurred in connection with the sale of this property. Buyer has not incurred any Broker fees 12. Possession. At the Closing, the Property will be conveyed free of the rights of possession of any third parties in or to the Property except for valid easements, if any, filed of record and currently in force and effect. 13. Representations and Warranties. By Seller. In order to induce Buyer to enter into this Contract, Seller makes the following representations and warranties all of which will be true and correct as of the date hereof and as of the date of closing: Authority; No Conflict. Seller has the absolute and unrestricted right, power and authority to execute and deliver this Contract and the documents to be executed and delivered by Seller in connection with the closing of the transactions described in this Contract (such documents being collectively referred to herein as "Seller's Closing Documents") and to perform its obligations under this Contract and the Seller's Closing Documents. Seller shall present to the Buyer and/or the Title Company, if necessary, all reasonable evidence of such authority which may be requested by either of them. The execution and delivery of this Contract and 4 Seller's Closing Documents, the consummation of the transactions described herein, and compliance with the terms of this Contract will not conflict with, or constitute a default under, any agreement to which Seller is a party or by which Seller or the Property is bound, or violate any regulation, law, court order, judgment, or decree applicable to Seller or the Property, except as otherwise expressly provided herein. No Litigation or Proceedings. Seller has no knowledge of any pending or threatened litigation, condemnation, or assessment affecting the Property. Environmental Representations. Except as otherwise expressly provided herein, Seller has no knowledge that the Property contains Hazardous Materials (as defined in Section 10(b)), contains any underground storage tanks, or is not in full compliance with all Environmental Laws (as defined in Section 10(b)). Title to Property. Seller has full and complete fee simple title to the Property, subject only to the liens and encumbrances, if any, disclosed on the Commitment or Survey to be furnished to Buyer hereunder. No Options. No person, corporation, or other entity has or, on the date of Closing, shall have any right or option to acquire the Property. Compliance. Seller has not received any notice from any governmental agency regarding the Seller's or the Property's non-compliance with applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property. 14. Mineral Reservation. The sale of the Property is without minerals. Seller reserves unto itself all of its right, title and interest in and to the oil, gas and other minerals in, on, or under the Property. Seller may neither construct nor operate, nor allow for others to construct or operate, a well or other drilling or extraction device on the Property. Seller shall execute a no -drilling agreement, prepared by Buyer, to ensure that Seller will neither construct or operate, nor allow for the construction or operation of, a well or other drilling or extraction device on the Property while exercising Seller's or any other individual or corporate person's right to recover any subsurface oil, gas, or other minerals. Seller agrees that any exercise of any right to recover any subsurface oil, gas, or other minerals may not interfere with the rights of the public for use of the Property as a roadway. Seller acknowledges that compliance with this paragraph may require of Seller or any other party to exercise a right to recover subsurface oil, gas or other minerals by use of directional drilling or other methods. 15. Essential. Time is of the essence in closing this transaction. 16. Effective Date. The effective date of this Real Estate Sales Contract is the date in which the Contract is signed by the Buyer. 17. Counterparts: Multiple original copies of this contract may be executed, and the execution of this contract may be through the execution by the parties of separate counterparts. All of 5 the original copies of this contract together shall constitute one agreement, binding on all of the parties hereto notwithstanding that the parties hereto may or may not be signatories to the same counterpart. Each of the undersigned parties authorizes the assembly of one or more original copies of this contract, such that each such original copy of this contract shall consist of (i) the body of this contract and (ii) counterpart signature pages and acknowledgment pages which collectively include all of the signatures and acknowledgments of the parties hereto. Each such contract shall constitute one original of this contract. When the context requires, singular nouns and pronouns include the plural. 18. Each person signing this contract represents and warrants that they have authority to execute this contract on behalf of their governing bodies and legally bind the parties. Executed in triplicate, any of which constitutes an original. By: By: THE STATE OF TEXAS § COUNTY OF P3A-§ SELLER Solomon Abdo ( A. L. Hernden This instrument was acknowledged before me onct-QX\ X i C‘. by Solomon Abdo. MONICA PERALES My Notary ID # 130385661 Expires September 28, 2019 ea Nota LPublic in and for the State of Texas 6 ,2015 THE STATE OF TEXAS § COUNTY OF ( C&( § This instrument was acknowledged before me on i x- 19 , 2015 by A. L. Hernden. MONICA PERALES My Notary ID # 130385661 I `? 3. Expires September 28, 2019 ;*'� iotary Public in and for the State of Texas BUYER CITY OF CORPUS CHRISTI, TEXAS By: Valerie H. Gray, P. E. Executive Director of Public Works ATTEST: REBECCA HUERTA, CITY SECRETARY 7 THE STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on , 201_ by Valerie H. Gray, P. E., as Executive Director of Public Works for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public in and for the State of Texas [Seal] APPROVED AS TO LEGAL FORM THIS DAY OF `beCehtI p.P,r, 2015 FOR THE CITY ATTORNEY z ✓�F Janet Kellogg Assistant City Attorney J:\G1NAM\GEN\CR52 Extension — E 12136 — RESC Abdo -1 iernden 8-25-15.rev 2.doc 8 EXHIBIT "A" LEGAL DESCRIPTION OF A 100 FOOT WIDE RIGA" -OF -WAV FOR THE EXPANSION OF' COUN'I"1ROAD 52 CONTAINING 5.07 ACRES NUECES COUN1'1', 'I'F XAS 13LING A 100 FOOT \VIDE, RIGHT-OF-WAY CON PAINING 5.07 ACRES OF LAND RUNNING ACROSS [,AND GRANTED T() SOLOMON A131)0 ANI) A.L. IEFRNDLN IN THE DEFT) RECORDED AS DOCt JMN,NT i 2006045294 OF TI1E DEED RECORDS OF NUECES COUNTY, TLX,AS, SAID PROPERLY AlS0 BEING LOT 11 ANI) THE REMAINDER OF LOT 12, SUCTION 2 OF T11t, N1]1('[S RIVER IRRIGATION PARK AS SHOWN ON 'HIE MAP RECORDED IN VOLUME, A. PAGE 54 OF THE MAP RECORDS OF NUECES COLN FY, TLXAS AND 13LING MORE PARTICULARLY DESCRIBED 13Y METES AND E30[1NDS AS FOLLOWS; COMMENCING at a found concrete fxlOT monument in the easterly Right -Of -Way line of Farm to Market Road 1889 and at the northwest corner of lot 1 of the Valley View Subdivision as shown on the map recorded in Volume 43, Page 6 of the Map Records of Nueces County, "1.exas; THENCE South 09`'07'1:1" West, with said easterly Right-of-\Vay, a distance of (111.09 feet to a 5.18" diameter by 18 inches long iron rod with a red plastic cap stamped "NAISMII1'1 [ LNG. C.C.. IX" set (herein atter called iron rod set) on the easterly Right -Of --Way line of Farm to Market Road 1889, same being the present westerly property line of said Lot 12, said point being die Northwc tern corner of the herein described Right -of -Way and the POINT OT BEGINNING; 'C1i1.NCE South 37'49'55" Nast. a distance of 68.42 feet to an iron rod set for a corner of the herein described Right -Of -Way_ T1WNCE: South 84°47 04" East, a distance of 2.135.61 feet running across said [,ots 11 and 12, to an iron rod set 011 the eastern property Line of said Lot 11 for the northeasterly corner of the herein described Right -Of -Way; THENCE South 09"21'56'' West. with said easterly lot line of said Lot 1 1, a distance of 100.26 feet to an iron rod set for the southeasterly corner of the herein described Right -Of -Way; THENCE North 84°47'04" West, a distance of 2,135.18 feet running across said Lot; 11 and 12. to an iron rod set for a corner of the herein described Right -0f \Vav: THENCE South 52"10'05` West, a distance of 73.25 feet to an iron rod set on said easterly Right -Of - Way line of Farm to Market Road 1889 for a corner oldie herein described Right -Of -Way: Exhibit A THENCE North 09'07'14" East, with said easterly Right -Of -Way line of IAT 1889, a distance of 200,47 feet to the POINT OF BEGINNING and containing 221,057 square feet or 5.07 acres; NOTE: ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE NAD 1983. Stacey King Mora RPLS Registered Professional Land Surveyor Texas Registration No. 6166 Naismith Engineering, Inc. TBP[; F# 355 TBPLS F# 100395-00 Date: OTgf�� * STACEY KING MORA 6168 7 S$10t. SUR`1 BARBER LANE POINT OF COMMENCING FOUND CONCRETE TXDOT MONUMENT 1 LOT 5, SECTION 2 LOT 1 NUECES RIVER IRRIGATION PARK VOLUME A, PAGE 54 MAP RECORDS, NUECES COUNTY, TEXAS } 100 200 400 GRAPHIC SCALE IN FEET POINT OF BEGINNING / I C 5/8" IRON ROD SET 00 LOT 3 LOT 4 VALLEY VIEW SUBDIVISI[, UNIT ONE VOLUME 43, PAGE 6 MAP RECORDS, NUECES COUNTY, LOT 5 / 1 LOT 6, SECTION 2 NUECES RIVER IRRIGATION PARK VOLUME A, PAGE 54 MAP RECORDS, NUECES COUNTY, TEXAS 40' IRRIGATION CANAL VOLUME 72, PAGE 396 DEED RECORDS, NUECES COUNTY, TEXAS TEXAS LOT 7 PROJ ECT SITE LOCATION MAP (NOT TO SCALE) 30' ROAD RIGHT—OF—WAY VOLUME A, PAGE 54 MAP RECORDS, NUECES COUNTY, TEXAS LOT 8 / NEW COUNTY ROAD 52 100' RIGHT - 221,057 SQUARE FEET/5.07 ACRES/ L4 RIGHT-OF-WAY LOT 12, SECTION 2 NUECES RIVER IRRIGATION PARK VOLUME A, PAGE 54 MAP RECORDS, NUECES COUNTY, TE 1, Stacey King Mora,Registered Professional Land Surveyor,hereby certify that this survey was prepared from an actual on the ground survey made under my direction and supervision, and represents the facts found at the time of survey, and that this survey substantially complies with the current standards adopted by the Texas Board of Professional Land Surveying. . Stacey King Mora Registered Professional Land Surveyor Texas Registration No. 6166 Naismith Engineering, Inc. Date: : ; t ; SOLOMON ABDO & A.L. HERNDEN DOUCUMENT NUMBER 2006045294 OFFICIAL PUBLIC RECORDS, NUECES COUNTY, TEXAS (LOTS 11 & 12) 3.3 ACRE ROW ESMT. NUECES COUNTY WATER IMPROVEMENT DISTRICT #3 VOL. 139, PG. 442 �1 O F T FX G\STERp� Sri' .. kc KING, MQ..... 6166 A90FE ss0 :1I 04416 / w J 0 -J 375' LOT 9 / ' / /73.25' / / / /' LOT 10 PARK LOT 11, SECTION 2 NUECES RIVER IRRIGATION PARK VOLUME A, PAGE 54 RECORDS, NUECES COUNTY, TEXAS GENERAL NOTES: Parcel Line Table Line # Direction Length 11 S37' 49' 55"E 68.42' L2 S84' 47' 04"E 2135.61' L3 S9' 21' 56"W 100.26' L4 N84' 47' 04"W 2135.18' L5 S52' 10' 05"W 73.25' L6 N9° 07' 14"E 200.47' 1 ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE SYS 1 EM FOR THE LAMBERT SOUTH ZONE (N4D83) NaismithEngineering,inc ENGINEERING ■ ENVIRONMENTAL■ SURVEYING F-355 TOPE FIRM /1355 TB P LS FIRM 9100395 00 4501 GOLLIHAR RD. CORPUS CHRISTITEXAS 78411 PH. NO 361-8145500 PLAT OF EXPANSION OF COUNTY ROAD 52 RIGHT—OF—WAY ACROSS LANDS OWNED BY SOLOMON ABDO & A.L. HERNDEN NUECES COUNTY, TEXAS BWB ".'""" SKM sw4 1",200' ` -9015-CR52-EX1i JC'„S 07,21/1.5 1 E12136 — County Road 52 Extension STATE OF TEXAS COUNTY OF NUECES BEING a tract of land containing 77,021.77 square feet (1.77 acres) of land out of the land granted to Solomon Abdo and A.L. Hernden in the deed recorded as Document #2006045294 of the Deed Records of Nueces County, Texas and also being out of Lot 12, Section 2, Nueces River Irrigation Park, a map of which is recorded in Volume A, Page 54, Map Records of Nueces County, Texas. This 77,021.77 square foot tract being more fully described by metes and bounds as follows: Commencing ata concrete TXDOT monument in existing eastern right-of-way of Farm to Market Road 1889 for the intersection of said right-of-way line with the northern boundary line of Lot t, Valley View Subdivision Unit 1, a map of which is recorded in Volume 43, Page 6, Map Records of Nueces County, Texas; Thence, South 09° 15'32" West, with the existing eastern right-of-way- of Farm to Market Road 1889, a distance of 387.55 feet to a 5/8 inch iron rod with "City of Corpus Christi" cap set at the intersection of said eastern right-of-way with the southern boundary of said Lot 1, Valley View Subdivision Unit 1, for the northwest corner of this tract; Thence, South 84°48'28" East, with the southern boundary of Lots I, 3, 4, 5 and 6 of said Valley View Subdivision Unit 1, same being the northern boundary of this tract, a distance of 1068.72 feet to a 5/8 inch iron rod with "City of Corpus Christi" cap set on the common boundary of Lots 11 and 12, Section 2, said Nueces River Irrigation Park, for the northeast corner of this tract; Thence, South 09°17'58" West, with the common boundary of the above mentioned Lots 11 and 12, same being the eastern boundary of this tract, a distance of 73.44 feet for the southeast corner (no monumentation found or set) of this tract; Thence, North 84°48'28" West, with the southern boundary of this tract, parallel with the southern boundary of said Valley View Subdivision Unit I and 73.25 feet distant there from. at 25.00 feet pass a 5/8 inch iron rod with "City of Corpus Christi" cap set on line and continuing North 84°48'28" West, in all a total distance of 1018.34 feet to a 5/8 inch iron rod with "City of Corpus Christi" cap set for the southwest corner of this tract; Thence, North 37°51'19" West, with the westerly boundary of this tract, a distance of 68.42 feet to a 5/8 inch iron rod with "City of Corpus Christi" cap set on the existing eastern right-of-way of Farm to Market Road 1889 for a corner of this tract; Thence, North 09°15'32" East, with the eastern boundary of said Farm to Market Road 1889, same being the western boundary of this tract and parallel with the centerline of said Farm to Market Road 1889 and 60.00 feet distant there from, a distance of 23.24 feet to the Point of Beginning and containing 77,021.77 square feet (1.77 acres) of land. Bearings based on GPS bearings, Texas State Plane Coordinate System, NAD83 (2011), Texas South Zone. STATE OF TEXAS COUNTY OF NUECES 1, Russell D. Ochs, a Registered Professional Land Surveyor, hereby certify that the foregoing field notes were prepared by me from a land survey made on the ground under my supervision. This the 20th day of August, 2015 Russell D. Ochs, R.P.L.S. State of Texas License No. 5241 K lEnsineving1Survey1PROIECTSUN•E (2136 -COUNTY RD 52 EXTENSION•201 RFnal D°armaeaUN•El2116COUNTY RD 52 EXTENSION -2015 -FN doa Page 1 of 1 Exhibit C 0 "POINT OF COMMENCEMENT" OF FIELDNOTE DESCRIPTION REMAMER OF 11 1 11 1 FD. =DOT MONUMENT 10' V.E. LOT' LOT' 4 l LOi 5 VALLEY VOL VIEW SUWIV SIGN UN ONE 't T "POINT OF BEGINNING" OF F1ELDNOTE DESCRIPTION O; 200 OT SETY6 COIIRtl�1M1USH di CHRISTI CAP 30' 1410E ROAD RICNT-OF-WAY VOL A. PG. 54, M.R.N.C.T. 1068.72' FD. 5/Z!' I.R. LOT' 7 40' WIDE IRRIGATION VOL 72, PC. CANAL �8, D.R.N.C.% 10' U.E. 60' 11,"<? 400 600 MAP TO ACCOMPANY FIEI.DNOTES FOR A 1.77 ACRE (77,021.77 SQUARE FEET) TRACT OF LAND OUT OF THE LAND GRANTED TO SOLOMON ABDO AND Al. HERNDEN IN THE DEED RECORDED AS DOCUMENT #2008045294 OF THE DEED RECORDS OF NUECES COUNTY, TEXAS AND ALSO BEING OUT OF LOT 12, SECTION 2, NUECES RIVER IRRIGAGATION PARK A MAP OF WHICH IS RECORDED IN VOLUME A, PAGE 54, MAP RECORDS OF NUECES COUNTY. TEXAS. 37.5' WIDE ROW EASEMENT TO NUECES COUNTY WATER IMPROVEMENTS DISTRICT NO. 3 VOL 139, PG 442, D.R.N.C.T. MOWS SNOW ARE RASED ON GPS 8iVRATA 1EJGA.S STATE PINE L100t'ElaA ITE SYSTEM M41$J (2010, TOMS SOUTH ZONE 1 CITY of CORPUS CHRISTI. TEXAS Engineering Services Survey Division 361-826-3551 Oats: 8/20/2015 Dion By: WS Clocked By: AQ CN Dartigo5HtEET4 1 OF I Project EI2I.76-CO.RIL 52 A:•1FiipineAfplSurviy\PROJEDIS M-E121JI-COUNTY RD 52 ararsal+-lora% 04-1121.10-OWMY NO 52 iXFDISION-2015.drp AGENDA MEMORANDUM Future Item for the City Council Meeting of February 16, 2016 Action Item for City Council Meeting February 23, 2016 DATE: 2/2/2016 TO: Ronald L. Olson, City Manager FROM: Margie Rose, Deputy City Manager MargieR(a�cctexas.com 361-826-3220 FROM: Rudy Bentancourt, Interim Administrator RudyBcctexas.com 361-826-3021 Resolution in support of an Affordable Housing project known as the Avanti at Calallen Apartments to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) CAPTION: Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as the Avanti at Calallen Apartments to be developed by MDS Housing Leopard, Ltd. PURPOSE: The purpose of the Resolution(s) is to satisfy a requirement set forth by the Texas Department of Housing and Community Affairs' 2016 Qualified Allocation Plan Section 11.9(d)(1) for Housing Tax Credits, which indicates that maximum points are given for a resolution from the Governing Body of a municipality (City of Corpus Christi) supporting the application for development. BACKGROUND AND FINDINGS: The City of Corpus Christi's Housing and Community Development Department has received five individual requests for a Resolution to support the application and development of the five developments for affordable rental housing. The developments are hereby requesting a resolution of support for their individual proposed development. The Texas Department of Housing and Community Affairs' (TDHCA) 2016 Qualified Allocation Plan's Section 11.9(d)(1) for Housing Tax Credits indicates that in order to receive maximum points for the application, a Resolution of Local Support must be provided by the Governing Body of the municipality supporting the application or development. The Governing Body may also provide a Resolution of No Objection or No Resolution. The Avanti at Calallen Apartments, once constructed, will be an affordable housing development located East of Leopard St. and Callicoatte Rd., Corpus Christi, TX 78410. MDS Housing Leopard, Ltd. proposes the construction of approximately 120 new apartments serving low-income seniors at or below 60% of the Area Median Income. If selected for Housing Tax Credits, the development will be primarily funded through TDHCA and private debt. The Calallen Apartments, once constructed, will be an affordable housing development located at 14800 Northwest Blvd., Corpus Christi, TX 78410. ProsperaHCS Calallen, LP., proposes the construction of 96 new apartments serving families at or below 60% of the Area Median Income. If selected for Housing Tax Credits, the development will be primarily funded through TDHCA, private debt, and HOME funds from the City of Corpus Christi. The request of HOME funds for this project is $300,000. The Cayetano Villas of Calallen Apartments, once constructed, will be an affordable housing development located on Interstate Highway 37 on the corner of Up River Rd., Corpus Christi, TX 78410. Cayetano Housing and Development proposes the construction of 96 new apartments serving families at or below 60% of the Area Median Income. If selected for Housing Tax Credits, the development will be primarily funded through TDHCA and private debt. Mar Bella Providence Apartments, once constructed, will be an affordable housing development located on 11330 Leopard St., Corpus Christi, TX 78410. The ITEX Group, LLC. proposes the construction of 128 new apartments serving low-income seniors at or below 60% AMI of the Area Median Income for 102 units and 26 Market Rate units. If selected for Housing Tax Credits, the development will be primarily funded through TDHCA and private debt. Samuel Place Apartments, once constructed, will be an Affordable Housing Development located at 4315 Carroll Ln., Corpus Christi, TX 78411. TG 110 Samuel Place, LP., proposes the demolition and reconstruction of 60 apartments serving families at or below 60% of the Area Median Income. If selected for Housing Tax Credits, the development will be primarily funded through TDHCA, private debt, and HOME funds from the City of Corpus Christi. The request of HOME funds for this project is $200,000. Of the four requests, one developer (TG 110, Inc.) is competing for the At -Risk Set -Aside pool of funds (a statewide pool of funds) and three developers are competing for the Region 10 Urban Category pool of funds. Only one development will be awarded Housing Tax Credits from the Region 10 Urban Category. Each proposed developer will be available to answer any questions to the City Council regarding their proposed application and project. ALTERNATIVES: None OTHER CONSIDERATIONS: This resolution will not prioritize one applicant over the other applicants competing in the Corpus Christi Region 10 Urban Category, but does acknowledge their application of support. CONFORMITY TO CITY POLICY: Not Applicable EMERGENCY / NON -EMERGENCY: This item is non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: Not applicable RECOMMENDATION: Staff recommends that the City Council recognize the applicant's application for the TDHCA Housing Tax Credit Program and to support the proposed Affordable Housing Projects. LIST OF SUPPORTING DOCUMENTS: Resolution — The Avanti at Calalien Presentation — Affordable Housing Resolutions Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as the Avanti at Calallen Apartments to be developed by MDS Housing Leopard, Ltd. Whereas, MDS Housing Leopard Ltd. (the "Applicant") has proposed a development project to construct approximately 120 apartments to provide affordable housing that is located at approximately Leopard St., East of Leopard St. and Callicoatte Rd., Corpus Christi, Texas 78410 and named the Avanti at Calallen Apartments ("the Avanti at Calallen Apartment Project"); and Whereas, the Applicant intends to submit an application to the Texas Department of Housing and Community Affairs ("TDHCA") for 2016 Housing Tax Credits for the Avanti at Calallen Apartment Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council for the City of Corpus Christi hereby supports the proposed the Avanti at Calallen Apartment Project. Section 2. The City Council for the City of Corpus Christi hereby acknowledges the support for the allocation of Housing Tax Credits for the Avanti at Calallen Apartment Project. PASSED AND APPROVED this day of , 2016 at a Regular Meeting of the City Council of the City of Corpus Christi, Texas. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Corpus Christi, Texas of , 2016 Nelda Martinez Mayor 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 Affordable Housing Resolutions Council Presentation February 16, 2016 The Avanti at Calallen Developer — MDS Housing Leopard, Ltd. Units —120 (new construction) Address — East of Leopard St. and Callicoatte Rd., Corpus Christi, TX 78410 Population served — Elderly/Seniors Calallen Apartments Developer — ProsperaHCS Calallen, LP. Units — 96 (new construction) Address —14800 Northwest Blvd., Corpus Christi, TX 78410 Population served — Multifamily Cayetano Villas of Calallen Developer — Cayetano Housing and Development Units — 96 (new construction) Address —Interstate Highway 37 and Up River Rd., Corpus Christi, TX 78410 Population served —Multifamily Mar Bella Providence Developer—The ITEX Group, LLC. Units —128 (new construction) Address —11330 Leopard St. Corpus Christi, TX 78410 Population served — Elderly/Seniors Samuel Place Apartments Developer—TG 110 Samuel Place, LP. Units — 60 (demolition/reconstruction) Address — 4315 Carroll Ln. Corpus Christi, TX 78411 Population served —Multifamily Locations IN Cayetano Villas of Calallen 4401 Sharpsburg Road -------''''-'---'-&O--- -,e,The Avoo0 of Calallen ,O _ i 0 11910 Leopard Street ®a�j Calallen Apartments lJ�., 14000 NOrthweSt 1i1v0 Marg 11 Providence 11330 Leopard 5t. 6 ea E6ri,HER -OOL m+96 -M2 myln 'g- pecetme Samuel Place 4315 Carroll Lane nari-nont��bu rs,:&iPrtg, 7 AGENDA MEMORANDUM Future Item for the City Council Meeting of February 16, 2016 Action Item for City Council Meeting February 23, 2016 DATE: 2/2/2016 TO: Ronald L. Olson, City Manager FROM: Margie Rose, Deputy City Manager MargieR@cctexas.com 361-826-3220 FROM: Rudy Bentancourt, Interim Administrator RudyBcctexas.com 361-826-3021 Resolution in support of an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) CAPTION: Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Calallen Apartments to be developed by ProsperaHCS Calallen, LP. PURPOSE: The purpose of the Resolution is to satisfy a requirement set forth by the Texas Department of Housing and Community Affairs' 2016 Qualified Allocation Plan Section 11.9(d)(1) for Housing Tax Credits, which indicates that maximum points are given for a resolution from the Governing Body of a municipality (City of Corpus Christi) supporting the application for development. BACKGROUND AND FINDINGS: The City of Corpus Christi's Housing and Community Development Department has received a request for a Resolution to support the application and development of a development for affordable rental housing. The development is hereby requesting a resolution of support for their individual proposed development. The Texas Department of Housing and Community Affairs' (TDHCA) 2016 Qualified Allocation Plan's Section 11.9(d)(1) for Housing Tax Credits indicates that in order to receive maximum points for the application, a Resolution of Local Support must be provided by the Governing Body of the municipality supporting the application or development. The Calallen Apartments, once constructed, will be an affordable housing development located at 14800 Northwest Blvd., Corpus Christi, TX 78410. ProsperaHCS Calallen, LP., proposes the construction of 96 new apartments serving families at or below 60% of the Area Median Income. If selected for Housing Tax Credits, the development will be primarily funded through TDHCA, private debt, and HOME funds from the City of Corpus Christi. The request of HOME funds for this project is $300,000. The developer will be available to answer any questions to the City Council regarding their proposed application and project. ALTERNATIVES: None OTHER CONSIDERATIONS: This resolution will not prioritize one applicant over the other applicants competing in the Corpus Christi Region 10 Urban Category, but does acknowledge their application of support. CONFORMITY TO CITY POLICY: Not Applicable 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 that the City Council recognize the applicant's application for the TDHCA Housing Tax Credit Program and to support the proposed Affordable Housing Projects. LIST OF SUPPORTING DOCUMENTS: Resolution — Calallen Apartments Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Calallen Apartments to be developed by ProsperaHCS Calallen, LP. Whereas, ProsperaHCS Calallen, LP (the "Applicant") has proposed a development project to construct 96 apartments to provide affordable housing that is located at approximately 14800 Northwest, Corpus Christi, Texas 78410 and named Calallen Apartments ("Calallen Apartment Project"); and Whereas, the Applicant intends to submit an application to the Texas Department of Housing and Community Affairs ("TDHCA") for 2016 Housing Tax Credits for the Calallen Apartment Project; and Whereas, the City of Corpus Christi will provide its assistance under the HOME Program utilizing loan terms that meet the requirements of the TDHCA 2016 Qualified Allocation Plan, Section 11.9 (d)(1) in order to ensure the maximum possible score by the applicant under TDHCA's rules; Whereas, the Applicant has pre -applied for HOME funding for the Calallen Apartment Project in the amount of $300,000 from the City of Corpus Christi; and Whereas, the City of Corpus Christi intends to commit set aside HOME Funds from the City of Corpus Christi FY 2016 Consolidated Annual Action Plan ("CAAP") to support the Applicant's Calallen Apartment Project contingent upon an award of Housing Tax Credits from the TDHCA to Applicant and subject to available funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council for the City of Corpus Christi hereby supports the proposed Calallen Apartment Project. Section 2. The City Council for the City of Corpus Christi hereby acknowledges the support for the allocation of Housing Tax Credits for the Calallen Apartment Project. Funding from the City of Corpus Christi for this proposed project will be subject to award of Housing Tax Credits to Applicant and receipt of available HOME funds to be approved by U.S. Department of Housing and Urban Development through the City of Corpus Christi FY 2016 CAAP. PASSED AND APPROVED this day of , 2016 at a Regular Meeting of the City Council of the City of Corpus Christi, Texas. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Corpus Christi, Texas of , 2016 Nelda Martinez Mayor 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 Future Item for the City Council Meeting of February 16, 2016 Action Item for City Council Meeting February 23, 2016 DATE: 2/2/2016 TO: Ronald L. Olson, City Manager FROM: Margie Rose, Deputy City Manager MargieR@cctexas.com 361-826-3220 FROM: Rudy Bentancourt, Interim Administrator RudyBcctexas.com 361-826-3021 Resolution in support of an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) CAPTION: Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Cayetano Villas of Calallen Apartments to be developed by Cayetano Housing and Development. PURPOSE: The purpose of the Resolution is to satisfy a requirement set forth by the Texas Department of Housing and Community Affairs' 2016 Qualified Allocation Plan Section 11.9(d)(1) for Housing Tax Credits, which indicates that maximum points are given for a resolution from the Governing Body of a municipality (City of Corpus Christi) supporting the application for development. BACKGROUND AND FINDINGS: The City of Corpus Christi's Housing and Community Development Department has received a request for a Resolution to support the application and development of a development for affordable rental housing. The development is hereby requesting a resolution of support for their individual proposed development. The Texas Department of Housing and Community Affairs' (TDHCA) 2016 Qualified Allocation Plan's Section 11.9(d)(1) for Housing Tax Credits indicates that in order to receive maximum points for the application, a Resolution of Local Support must be provided by the Governing Body of the municipality supporting the application or development. The Cayetano Villas of Calallen Apartments, once constructed, will be an affordable housing development located on Interstate Highway 37 on the corner of Up River Rd., Corpus Christi, TX 78410. Cayetano Housing and Development proposes the construction of 96 new apartments serving families at or below 60% of the Area Median Income. If selected for Housing Tax Credits, the development will be primarily funded through TDHCA and private debt. The developer will be available to answer any questions to the City Council regarding their proposed application and project. ALTERNATIVES: None OTHER CONSIDERATIONS: This resolution will not prioritize one applicant over the other applicants competing in the Corpus Christi Region 10 Urban Category, but does acknowledge their application of support. CONFORMITY TO CITY POLICY: Not Applicable 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 that the City Council recognize the applicant's application for the TDHCA Housing Tax Credit Program and to support the proposed Affordable Housing Projects. LIST OF SUPPORTING DOCUMENTS: Resolution — Cayetano Villas of Calallen Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Cayetano Villas of Calallen Apartments to be developed by Cayetano Housing and Development. Whereas, Cayetano Housing and Development (the "Applicant") has proposed a development project to construct 96 apartments to provide affordable housing that is located at approximately Interstate Highway 37 on the corner of Up River Rd., Corpus Christi, Texas 78410 and named Cayetano Villas of Calallen Apartments ("Cayetano Villas of Calallen Apartment Project"); and Whereas, the Applicant intends to submit an application to the Texas Department of Housing and Community Affairs ("TDHCA") for 2016 Housing Tax Credits for the Cayetano Villas of Calallen Apartment Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council for the City of Corpus Christi hereby supports the proposed the Cayetano Villas of Calallen Apartment Project. Section 2. The City Council for the City of Corpus Christi hereby acknowledges the support for the allocation of Housing Tax Credits for the Cayetano Villas of Calallen Apartment Project. PASSED AND APPROVED this day of , 2016 at a Regular Meeting of the City Council of the City of Corpus Christi, Texas. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Corpus Christi, Texas of , 2016 Nelda Martinez Mayor 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 Future Item for the City Council Meeting of February 16, 2016 Action Item for City Council Meeting February 23, 2016 DATE: 2/2/2016 TO: Ronald L. Olson, City Manager FROM: Margie Rose, Deputy City Manager MargieR@cctexas.com 361-826-3220 FROM: Rudy Bentancourt, Interim Administrator RudyBcctexas.com 361-826-3021 Resolution in support of an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) CAPTION: Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as the Mar Bella Providence Apartments to be developed by the ITEX Group, LLC. PURPOSE: The purpose of the Resolution is to satisfy a requirement set forth by the Texas Department of Housing and Community Affairs' 2016 Qualified Allocation Plan Section 11.9(d)(1) for Housing Tax Credits, which indicates that maximum points are given for a resolution from the Governing Body of a municipality (City of Corpus Christi) supporting the application for development. BACKGROUND AND FINDINGS: The City of Corpus Christi's Housing and Community Development Department has received a request for a Resolution to support the application and development of a development for affordable rental housing. The development is hereby requesting a resolution of support for their individual proposed development. The Texas Department of Housing and Community Affairs' (TDHCA) 2016 Qualified Allocation Plan's Section 11.9(d)(1) for Housing Tax Credits indicates that in order to receive maximum points for the application, a Resolution of Local Support must be provided by the Governing Body of the municipality supporting the application or development. Mar Bella Providence Apartments, once constructed, will be an affordable housing development located on 11330 Leopard St., Corpus Christi, TX 78410. The ITEX Group, LLC. proposes the construction of 128 new apartments serving low-income seniors at or below 60% AMI of the Area Median Income for 102 units and 26 Market Rate units. If selected for Housing Tax Credits, the development will be primarily funded through TDHCA and private debt. The developer will be available to answer any questions to the City Council regarding their proposed application and project. ALTERNATIVES: None OTHER CONSIDERATIONS: This resolution will not prioritize one applicant over the other applicants competing in the Corpus Christi Region 10 Urban Category, but does acknowledge their application of support. CONFORMITY TO CITY POLICY: Not Applicable 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 that the City Council recognize the applicant's application for the TDHCA Housing Tax Credit Program and to support the proposed Affordable Housing Projects. LIST OF SUPPORTING DOCUMENTS: Resolution — Mar Bella Providence Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as the Mar Bella Providence Apartments to be developed by the ITEX Group, LLC. Whereas, The ITEX Group, LLC. (the "Applicant") has proposed a development project to construct 128 apartments to provide affordable housing that is located at 11330 Leopard St., Corpus Christi, Texas 78410 and named Mar Bella Providence Apartments ("Mar Bella Providence Apartment Project"); and Whereas, the Applicant intends to submit an application to the Texas Department of Housing and Community Affairs ("TDHCA") for 2016 Housing Tax Credits for Mar Bella Providence Apartment Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council for the City of Corpus Christi hereby supports the proposed Mar Bella Providence Apartment Project. Section 2. The City Council for the City of Corpus Christi hereby acknowledges the support for the allocation of Housing Tax Credits for Mar Bella Providence Apartment Project. PASSED AND APPROVED this day of , 2016 at a Regular Meeting of the City Council of the City of Corpus Christi, Texas. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Corpus Christi, Texas of , 2016 Nelda Martinez Mayor 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 Future Item for the City Council Meeting of February 16, 2016 Action Item for City Council Meeting February 23, 2016 DATE: 2/2/2016 TO: Ronald L. Olson, City Manager FROM: Margie Rose, Deputy City Manager MargieR@cctexas.com 361-826-3220 FROM: Rudy Bentancourt, Interim Administrator RudyBcctexas.com 361-826-3021 Resolution in support of an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) CAPTION: Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Samuel Place Apartments to be developed by TG 110 Samuel Place, LP. PURPOSE: The purpose of the Resolution is to satisfy a requirement set forth by the Texas Department of Housing and Community Affairs' 2016 Qualified Allocation Plan Section 11.9(d)(1) for Housing Tax Credits, which indicates that maximum points are given for a resolution from the Governing Body of a municipality (City of Corpus Christi) supporting the application for development. BACKGROUND AND FINDINGS: The City of Corpus Christi's Housing and Community Development Department has received a request for a Resolution to support the application and development of a development for affordable rental housing. The development is hereby requesting a resolution of support for their individual proposed development. The Texas Department of Housing and Community Affairs' (TDHCA) 2016 Qualified Allocation Plan's Section 11.9(d)(1) for Housing Tax Credits indicates that in order to receive maximum points for the application, a Resolution of Local Support must be provided by the Governing Body of the municipality supporting the application or development. Samuel Place Apartments, once constructed, will be an Affordable Housing Development located at 4315 Carroll Ln., Corpus Christi, TX 78411. TG 110 Samuel Place, LP., proposes the demolition and reconstruction of 60 apartments serving families at or below 60% of the Area Median Income. If selected for Housing Tax Credits, the development will be primarily funded through TDHCA, private debt, and HOME funds from the City of Corpus Christi. The request of HOME funds for this project is $200,000. The developer will be available to answer any questions to the City Council regarding their proposed application and project. ALTERNATIVES: None OTHER CONSIDERATIONS: This resolution will not prioritize one applicant over the other applicants competing in the Corpus Christi Region 10 Urban Category, but does acknowledge their application of support. CONFORMITY TO CITY POLICY: Not Applicable 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 that the City Council recognize the applicant's application for the TDHCA Housing Tax Credit Program and to support the proposed Affordable Housing Projects. LIST OF SUPPORTING DOCUMENTS: Resolution — Samuel Place Apartments Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Samuel Place Apartments to be developed by TG 110 Samuel Place, LP. Whereas, TG 110 Samuel Place, LP. (the "Applicant") has proposed a development project to demolish and reconstruct 60 apartments to provide affordable housing that is located at 4315 Carroll Ln., Corpus Christi, Texas 78411 and named Samuel Place Apartments ("Samuel Place Apartment Project"); and Whereas, the Applicant intends to submit an application to the Texas Department of Housing and Community Affairs ("TDHCA") for 2016 Housing Tax Credits for the Samuel Place Apartment Project; and Whereas, the City of Corpus Christi will provide its assistance under the HOME Program utilizing loan terms that meet the requirements of the TDHCA 2016 Qualified Allocation Plan, Section 11.9 (d)(1) in order to ensure the maximum possible score by the applicant under TDHCA's rules; Whereas, the Applicant has pre -applied for HOME funding for the Samuel Place Apartment Project in the amount of $200,000 from the City of Corpus Christi; and Whereas, the City of Corpus Christi intends to commit set aside HOME Funds from the City of Corpus Christi FY 2016 Consolidated Annual Action Plan ("CAAP") to support the Applicant's Samuel Place Apartment Project contingent upon an award of Housing Tax Credits from the TDHCA to Applicant and subject to available funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council for the City of Corpus Christi hereby supports the proposed Samuel Place Apartment Project. Section 2. The City Council for the City of Corpus Christi hereby acknowledges the support for the allocation of Housing Tax Credits for the Samuel Place Apartment Project. Funding from the City of Corpus Christi for this proposed project will be subject to award of Housing Tax Credits to Applicant and receipt of available HOME funds to be approved by U.S. Department of Housing and Urban Development through the City of Corpus Christi FY 2016 CAAP. PASSED AND APPROVED this day of , 2016 at a Regular Meeting of the City Council of the City of Corpus Christi, Texas. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Corpus Christi, Texas of , 2016 Nelda Martinez Mayor 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 Future Item for the City Council Meeting of February 16, 2016 Action Item for the City Council Meeting of February 23, 2016 DATE: TO: February 3, 2016 Ronald L. Olson, City Manager THRU: Margie Rose, Deputy City Manager MargieR(a�cctexas.com 826-3220 FROM: Rudy Bentancourt, Interim Director RudyB(c�cctexas.com 826.3021 Resolution identifying the project known as Samuel Place Apartments located at 4315 Carroll Lane, in the City Central Corridor Community Revitalization Plan which will contribute to CAPTION: Resolution of the City Council of the City of Corpus Christi, Texas identifying the project known as Samuel Place Apartments as a development that will contribute most significantly to the concerted revitalization efforts of the City in the City Central Corridor; and providing for an effective date. PURPOSE: The purpose of the Resolution is to identify the proposed development of Samuel Place Apartments as contributing most significantly to the concerted revitalization efforts of the City Central Corridor Plan. BACKGROUND AND FINDINGS: On February 25, 2014 the City Council passed a Resolution approving the City Central Corridor Community Revitalization Plan for an area encompassing the border streets of Staples Street on the East, Everhart Road to the South, Saratoga Boulevard to the West, and Ayers Street to the North. In 2016, TG 110 Samuel Place, LP., is proposing a Housing Tax Credit Project for Samuel Place Apartments. Samuel Place Apartments is located within the boundaries of the City Central Corridor Community Revitalization Plan. Per the Texas Department of Housing and Community Affairs (TDHCA) 2016 Qualified Allocation Plan guidelines, the proposed development could earn a maximum of six (6) points if the proposed development is explicitly identified by the Governing Body as contributing most significantly to the concerted revitalization efforts. The Samuel Place Apartment development does contribute to the revitalization efforts of the plan. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval is required for the passing of the resolution. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating Revenue Capital X 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: RECOMMENDATION: Staff recommends that City Council adopt the City Central Corridor Community Revitalization Plan. LIST OF SUPPORTING DOCUMENTS: Resolution City Central Corridor Community Revitalization Plan Revitalization Plan Map Resolution of the City Council of the City of Corpus Christi, Texas identifying the project known as Samuel Place Apartments as a development that will contribute most significantly to the concerted revitalization efforts of the City in the City Central Corridor; and providing for an effective date. Whereas, the City of Corpus Christi has considered the revitalization needs of the City Central Corridor (the "Designated Area") and approved a Community Revitalization Plan (the "Plan") for the Designated Area on February 25, 2014; and Whereas, in furtherance of the community revitalization activities noted in the Plan, TG 110 Samuel Place, LP and its affiliates (the "Applicant") propose to reconstruct an affordable housing development with up to 60 residential units (the "Affordable Housing") in the Designated Area, to be known as Samuel Place; and Whereas, the Applicant proposes to apply for financing for the Affordable Housing, including Low Income Housing Tax Credits ("Tax Credits") from the Texas Department of Housing and Community Affairs ("TDHCA") pursuant to TDHCA's 2016 Qualified Allocation Plan (the "QAP"); and Whereas, the City supports the development of the Affordable Housing because of its anticipated community revitalization impact for the Designated Area; and Whereas, the Affordable Housing is the only applicant for Tax Credits in the 2016 competitive round that the City wishes to identify as contributing most significantly to the City's revitalization efforts in the Designated area pursuant to Section 11.9(d)(7)(A)(ii)(II) of the QAP. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council for the City of Corpus Christi hereby supports the development of the Affordable Housing and has selected the Affordable Housing as the only proposed Tax Credit application for 2016 that contributes most significantly to the City's concerted revitalization efforts in the Designated Area. Section 2. This resolution shall become effective immediately upon its passage. PASSED AND APPROVED this day of , 2016 at a Regular Meeting of the City Council of the City of Corpus Christi, Texas. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Corpus Christi, Texas of , 2016 Nelda Martinez Mayor 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 Cityof Corpus Ch rChristi City Central Corridor COMMUNITY REVITALIZATION PLAN Proposed for Adoption February 25, 2014 City Central Corridor COMMUNITY REVITALIZATION PLAN INTRODUCTION The City of Corpus Christi is a beautiful bayfront community of over 312,000 population with the one of the largest ports in the nation. As the City grows, it becomes increasingly important to ensure that certain older areas are not left behind to become blighted and detrimental to our residents. Over the past ten years, the City has been investing in an area in and around the 78415 zip code generally known as the "Central City Corridor" and identified by the map on Exhibit A to this Plan. These investments have been intended to revitalize a deteriorating community. Despite a concentrated revitalization effort and a general understanding of the desired goals, a written plan for the Central City Corridor has never been formally adopted. Thus, the purpose of this Plan is to provide the opportunity for public input as to the City's efforts to date and additional efforts needed, and to provide a process for continued revitalization of the Central City Corridor. Sources for investment in the Central City Corridor started with Community Development Block Grant funds available to the City from HUD. Subsequently, as areas of need were identified, the City used bond financing approved by voters in 2008 and 2012 for various improvements. Other recent investments have been made from federal and state sources and the local school district for improvements and programming Additionally, as improvements have taken hold, the private sector has made increasing investments in the Plan area. DESCRIPTION OF AREA The Central City Corridor, called the "Revitalization Area" for purposes of this Plan, is described by map on Exhibit A to this Plan. It is bounded by Staples street on the east, Everhart Road to the south, Saratoga Blvd to the West, and Ayers Road to the north and encompasses 13.64 square miles or 9,369.6 acres. A majority of the population in the Revitalization Area is Hispanic (75%), with the remaining ethnic groups being 6% Caucasian, 4% African American and 14% other. Over 21% of the population in the Revitalization Area has income below the poverty level and 78% of the population is under the age of 20. CONSIDERATIONS IN IDENTIFYING THE AREA The Revitalization Area for this Plan has been identified based upon a desire to improve and/or revitalize the following factors: ❖ Infrastructure — Transportation and Drainage. Roads in the plan area are main arteries to the center of Corpus Christi. Streets such as Staples, Kostoryz, Ayers, Weber, Holly, Saratoga Gollihar and Everhart connect the Revitalization Area to interstates and to the central city. Many of these roads have been in disrepair for years and in need of rehabilitation and expansion. In addition, the Revitalization Area has experienced flooding Page 1 •:• due to lack of satisfactory storm water systems associated with the main thoroughfares of Kostoryz and Staples. Blight. Many residential houses and businesses were not occupied and the area was deteriorating when this revitalization work was first started. Much of the housing is 30-50 years old and deferred maintenance has been noticeable. ❖ Public Protection. Crime rates in the 78415 zip code, which is part of the Revitalization Area, have traditionally been one of the highest in the City. Additional Fire Department resources are needed in the area. ❖ Schools. School attendance was declining and the schools were old and in need of renovation when this revitalization work first started. Access to quality schools was critical to revitalizing the area, particularly for those residing in the Central City Corridor. •:• Business Development. Access to retail and employment centers is vital to improving the opportunities for those residing in the community. Focusing on business retention and expansion is critical. IMPROVEMENTS AND PROGRAMS ALREADY COMPLETED IN THE AREA The following improvements and programs have already been implemented to assist the Revitalization Area. While the City has been working to improve the Revitalization Area over the past ten years, the projects below have been implemented since March 1, 2010 and reflect more than $50 million of improvements. 1. Infrastructure — Transportation and Storm Water. Project: Kostoryz Road from South Padre Island Drive (SPID) to Saratoga Boulevard, shown as a light green line on the map on Exhibit A involves widening and rehabilitating roadways and utilities including storm water work. The improvements were completed 2010. Source of Funding: Corpus Christi CDBG 2. Blight. Since the revitalization work began, the City has noticed improvements to the neighborhood homes, and property values are increasing. The Bridges Mill Village subdivision, which was started during the City's revitalization effort, continues to construct new homes. 3. Public Protection. Project: The Early Intervention Division of the Texas Department of Family and Protective Services has identified the 78415 zip code as one of fifteen (15) zip codes in the State of Texas that has the highest incidence of juvenile violent crimes. The Community Youth Development Program is a state funded grant that was created to assist with crime Page 2 prevention, focusing on youth ages 6-17 with an emphasis on those ages 10-17. Service providers work with youth to empower them as productive citizens and reduce crime rates, with a focus on the Revitalization Area. Source of Funding: State funding. Funding Amount: $503,000 in Fiscal Year 2011. $320,000 in Fiscal Year 2012. $320,000 in Fiscal Year 2013. 4. Schools. Project: Gloria Hicks Elementary is a newly constructed 77,192 square foot facility, completed in September 2010 and serving the Revitalization Area. See the location of this facility on the map attached as Exhibit A. Source of Funding: Corpus Christi Independent School District Funding Amount: $11,900,000 Project: Mary Helen Berlanga Elementary is a newly constructed 78,000 square foot facility, completed in December 2011 and serving the Revitalization Area. See the location of this facility on the map attached as Exhibit A. Source of Funding: Corpus Christi Independent School District Funding Amount: $10,713,328 5. Business Development. Project: Sam's Club and Walmart. Within the last two years, these two retailers have constructed new facilities in the Revitalization Area, including additional small shop retail and paid space. See the location of this facility on the map attached as Exhibit A. Source of Funding: Private Funding Amount: In excess of $20,000,000 Project: Other business developments in the last two years have included a new HEB supermarket opening at Kostoryz and Gollihar, Crest Mart opening at Kostoryz and Holly, Corpus Christi City Employees Credit Union opening on Kostoryz near its intersection with Holly, and an Army Reserve Center opening just off Everhart Road in the Revitalization Area. See the location of these facilities on the map attached as Exhibit A. Source of Funding: Private Page 3 Funding Amount: In excess of $8,000,000 IMPROVEMENTS AND PROGRAMS PLANNED FOR THE AREA The following improvements and programs are underway or planned for the Revitalization Area. Over $15 million of improvements and programs are expected to be implemented in the next two years. 1. Transportation. Project: Ayers Street from Saratoga Boulevard to Holly Road, shown as a light orange line on the map on Exhibit A involves widening and rehabilitating roadways and improving storm water runoff. The improvements began November 14, 2011 and are nearly complete. Completion is expected in 2014. Source of Funding: State of Texas Funding Amount: $6,195,136 Subject: Kostoryz Road — 2008 bond funds will construct this street from Horne to Sunnybrook and Sunnybrook to SPID, designated as the dark orange line on the map on Exhibit A. 2012 bond funds Brawner Parkway to Staples Street designated as dark green line on the map on Exhibit A. This involves reconstruction and widening of Kostoryz Road to include a new center turning lane in areas ROW allows and four lanes of traffic. Other improvements include curb and gutter, sidewalks, ADA curb ramps, lane striping and pavement markings and street lights. The improvements have been underway since 2008. Source of Funding: Corpus Christi bond funds (2008 / 2012 issuance) Funded Amount: $14,800,000 Remaining Funding: $ 5,900,000 Project: Staples Road — 2012 bond funds will construct this street from Kostoryz to Weber, designated as a green line on the map on Exhibit A, and Weber to Everhart Road, designated as dark orange on Exhibit A. This involves reconstruction of five -lane roadway including two travel lanes on both sides and a continuous left turn lane. Additional improvements will include curb and gutter improvements, sidewalks, ADA curb ramps, lane stripingand pavement markings, and street lighting. The improvements have been underway since 2008. Source of Funding: Corpus Christi bond funds (2008 and 2012 issuance) Page 4 2. Public Protection. Project: A new 5,200 square foot fire station is being constructed at the intersection of Saratoga and Ayers with expected completion by 2016. See the location of this facility on the map attached as Exhibit A. Source of Funding: City's 2012 bond issuance. Funding Amount: $2,100,000. Project: The 78415 Community Youth Development Program is a state funded grant that was created to assist with crime prevention, focusing on youth ages 6-17 with an emphasis on those 10-17. Service providers work with youth to empower them as productive citizens and reduce crime rates, with a focus on the Revitalization Area. Source of Funding: State funding. Funding Amount: $387,000 in Fiscal Year 2014. Future Fiscal Year amounts to be determined, as the programming is anticipated to be ongoing. CONTINUED PLANNING FOR THE REVITALIZATION AREA The improvements and programs described in this Plan are examples of prior, current and planned activities designed to revitalize the Central City Corridor. However, the City's commitment to this Revitalization Plan does not end here. The City will continue to look for opportunities to establish programs or provide improvements that will continue to revitalize the area, uplifting residents of the neighborhoods and supporting area businesses to continue the cycle of improvement and avoid future deterioration. ANTICIPATED RESULTS The City believes the initiatives described in this Plan will stop and reverse existing deterioration in the neighborhoods of the Revitalization Area, improve the aesthetics of the area, provide additional infrastructure for accessibility and development, increase the tax base, support existing businesses, and recruit additional businesses, which will lead to more opportunity for those living and working in the Revitalization Area. Each initiative in the Revitalization Area, whether already implemented or planned for completion, supports a framework that will improve this neighborhood. By combining resources from the City, the State, and the private sector, the Revitalization Area will receive major economic infusion. Because many of these resources have already been spent or allocated, the City has no reason to believe that the Plan will not be fully implemented as intended. Page 5 APPROVAL For all these reasons, the City Council of the City of Corpus Christi hereby adopts the Central City Corridor Community Revitalization Plan, after receipt and consideration of public comment and deliberation at an open public meeting. Date of Adoption: February 25, 2014 Page 6 EXHIBIT A Revitalization Area (attached hereto) City of Corpus Christi City Central Corridor Revitalization Plan MAP NOTES 1. Ayers Street has / is being redone with state funding 2. Kostoryz between Holly Road and SPID was completed with CDBG funding in the last four years 3. Corpus Christi school system has added two schools in the area (Mary Helen Berlanga Elementary and Gloria Hicks Elementary) 4. John Paul High School reopened (Catholic High School) 5. Proposed new Fire Station at Ayers and Saratoga Blvd. financed with 2012 bonds. 6. New HEB at Golliharrd and Kostoryz 7. New Crest Mart at Holly Road and Kostoryz 8. 2008 Bond Improvement projects 9. 2012 Bond Improvement projects 10. Army military reserve center has opened up in this area at Everhart 11. Not used 12. Delmar opened a new college extension near Kostoryz and Staples Street intersection 13. City Employees Credit Union opened on Kostoryz near the intersection of Holly Road Page 7 Page 8 5 nal writ}_ 'ilerrrearl Dr Cabaaniis Field 2.36 4.2 it Meat Marker 3 7 a I,I - E - B •� 4315 Carroll Ln ege John Paul II High School GooaI • re CJI Roe r' ti 0 greens 7-4 762 King High Sch j ---34.43pr .q..06,7„.49441, Map da:a @MI5. Gc agle Terr AGENDA MEMORANDUM Future item for the City Council meeting of February 16, 2016 Action Item for the City Council meeting of February 23, 2016 DATE: TO: January 14, 2016 Ronald L. Olson, City Manager FROM: Tom Tagliabue, Director, Intergovernmental Relations tomtag@cctexas.com 361.826.3850 Authorization to submit a grant application in the amount of up to five million dollars ($5,000,000) to the Office of the Governor for funding from the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant Program. CAPTION: Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of up to five million dollars ($5,000,000) to the Office of the Governor for funding from the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant Program. PURPOSE: The purpose of this item is to receive authorization to submit the grant application to the State of Texas, Office of the Governor for the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant Program. The application is due March 4, 2016. BACKGROUND AND FINDINGS: The DEAAG program is administered by the Texas Military Preparedness Commission within the Office of the Governor. DEAAG is codified in Government Code, Chapter 436, and the program administrative rules are in Subchapter B, Title 1, Chapter 4, Texas Administrative Code. The purpose of the program is to provide state funding for any of the followings: • Acquiring federal grant assistance; • For sharing in the cost of redevelopment of communities that have been adversely or positively affected by the Base Realignment and Closure Act or Department of Defense reduction or loss of funding; or • In the case of infrastructure, adds military value to the military installation. The 84th Texas Legislature appropriated $30 million ($15 million in Fiscal Year 2016 and $15 million in Fiscal Year 2017) to assist defense communities that have been, or may potentially be, impacted by a past or future Base Realignment and Closure (BRAC) action, to obtain economic assistance to mitigate or prevent or otherwise positively affect their local economy through funded projects. The 84th Texas Legislature also amended the DEAAG statute to increase the maximum grant awards from $2 million to $5 million. So the possibility exists that a minimum of only three $5 million grant awards could be made each round. The DEAAG program generally requires a 50% match, but the TMPC may reduce that to a 20% match or 100% grant with no match, if the local government can demonstrate that resources are not available because of limited local budgets. The match can be either cash or in-kind services. The City was one of 15 applications in the first round, which were awarded on December 10, 2015. The application was ranked tied for fourth with an application from the City of Wichita Falls. The TMPC was able to fully fund the top three scoring applications and the Wichita Falls project with the first allocation of funding. Corpus Christi's application could not have been fully funded along with the top three projects. The second round of applications opened on January 20, and closes on March 4, 2016. The TMPC will award the second round of funding on March 31, in Austin. All awarded funds must be spent by August 31, 2017. 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: 2016- 2017 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 submitting the application. LIST OF SUPPORTING DOCUMENTS: Resolution RESOLUTION Authorizing the City Manager, or designee, to submit a grant application in the amount of up to five million dollars ($5,000,000) to the Office of the Governor for funding from the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant Program. WHEREAS, With 15 major installations, numerous headquarters, open spaces for realistic training, low cost of living and outstanding support to military and families, Texas has a long, significant and proud history of partnership with the defense of our nation; and WHEREAS, active duty and reserve installations across the branches of service in Texas have an economic impact of roughly $150 billion to the Texas economy per year and 255,000 uniformed and civilian employees which generates a significant amount of sales tax revenue for the State; and WHEREAS, these military installations are also part of the fabric of many communities and are a source of great pride, provide skilled workforce, add to population growth, and have significant economic impact; and WHEREAS, Naval Air Station Corpus Christi and the Corpus Christi Army Depot have an estimated employment of more than 9,400 full-time and contract employees making CCAD the largest employer in the City and NASCC the sixth largest; and WHEREAS, the State of Texas and local communities have the opportunity to make Texas the most effective and efficient location for the Department of Defense to train and operate and could create initiatives to make Texas the #1 "military friendly" place for service members and their families to live, work and play; and WHEREAS, many Texas companies have contracts to provide services with local military installations creating jobs and additional tax revenue; and the State of Texas is in the top three states for receiving Department of Defense contracts, with the top awards going to aircraft development; and WHEREAS, the installations in the state are vital to national security and Texas has specialized in mobilizing and deploying troops, over 1 million, in the past 12 years; and to support this mobilization, the installations and depots have dedicated railheads and runways capable of handling large passenger and cargo aircraft, and Texas has road and rail transportation to Texas ports for deployments with dedicated roll on roll off Navy ships berthed at Texas ports along with the necessary infrastructure at the ports for storage and loading of the ships; and WHEREAS, Texas has unencumbered airspace, ground maneuver space, and open water for training of all branches of service with virtually every weapon system as well as some of the most diverse topography for excellent training scenarios, the weather Page 1 of 3 provides for the ability to train year round and deployments from Texas installations are efficient due to airfields, road systems, and rail transportation to ports in the state and, finally, the cost of living at Texas installations are some of the lowest in the country; and WHEREAS, the 84th Texas Legislature appropriated $30 million to the Texas Military Preparedness Commission Defense Economic Adjustment Assistance Grant fund to assist defense communities that have been, or may potentially be, impacted by a past or future BRAC action, to obtain economic assistance to mitigate or prevent or otherwise positively affect their local economy through funded projects; and WHEREAS, grant applications for the first round of $15 million were awarded on December 10, 2015 and the City of Corpus Christi's application ranked tied for fourth out of 15 applications, but was not funded; and WHEREAS, grant applications for the second round of $15 million to be awarded March 31, 2016 must be submitted between January 20, 2016 and March 4, 2016; and WHEREAS, the City of Corpus Christi's goal is to submit a DEAAG application that benefits both Naval Air Station Corpus Christi and the Corpus Christi Army Depot. NOW THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The City Manager, or designee, is authorized to submit a grant application in the amount of up to five million dollars ($5,000,000) to the Office of the Governor for funding from the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant Program for the following projects: (a) Removal of the currently deteriorated asphalt runway apron at Truax Field and replacement with a concrete apron to allow maximum efficiency of pilot training at Naval Air Station Corpus Christi, with an estimated project cost of approximately $1.061 million, and (b) the mechanical and electrical isolation, demolition and removal of various sewerage distribution lines serving several hangars and replacing those line(s) with modern poly/composite material replacements of equivalent size(s) that are not susceptible to damage or deterioration by either corrosive or erosive mechanisms, and replacing the man -hole cover accesses along the existing sewerage lines with elevated accesses to address problems of flooding with an estimated project cost of approximately $3.5 million. Page 2 of 3 Adopted this the day of , 2016. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughan Page 3 of 3 AGENDA MEMORANDUM City Council Meeting of February 16, 2016 DATE: January 16, 2016 TO: Ronald L. Olson, City Manager FROM: lain Vasey, President/CEO ivasey@ccredc.com (361) 882-7448 CCREDC Quarterly Update to City Council (Q1 2016) STAFF PRESENTER(S): Name 1. 2. 3. OUTSIDE PRESENTER(S): Title/Position Department Name Title/Position Organization 1. lain Vasey President/CEO CCREDC 2. 3. BACKGROUND: The CCREDC provides quarterly updates to The Council. In accordance with this practice, the CCREDC will update the Council on its activities and the status of the local economy. LIST OF SUPPORTING DOCUMENTS: PowerPoint — CCREDC 1111114 Corpnis Christi kimREGIONAL ECONOMICN DEVELOPMENT ORI'QRATIQN February 2016 Economic Update Iain Vasey The Coastal Bend Region CCREDC Service Areakm Corpnis Christi REGIONAL ECONOMICN DEVELOPMENT ORI'QRATIQN MSA (Counties) Aransas, San Patricio, Nueces Corpus Christi MSA Population: 448,108 Total Jobs: 200,800 Unemployment: 5.2% 5 Year Job Growth 11% Total Wages $10B 5 Yr Total Wage Increase: $2B Average Salary $47,800 Corpus Christi MSA Employment by Sector I I I 11114 Corpus Christi. RimREGIONAL ECONOMIC DEVELOPMENT CORPORATION Employment by Sector for Selected Month/CorpusChristi MSA Dec 15 Nov 15 Dec 14 Dec 13 Dec 12 Dec 11 Total Nonagricultural Mining, Logging, & Const. Manufacturing Trade, Transportation and Utilities Information Financial Activities Professional and Business Services Educational and Health Services Leisure and Hospitality Other Services Government 200,400 201,000 197,500 189,400 187,500 184,900 28,400 28,700 27,000 24,300 21,900 21,000 9,600 9,700 10,000 9,800 9,600 9,600 36,600 36,800 37,100 34,700 35,600 35,400 2,200 2,200 2,100 2,100 1,900 1,900 8,700 8,600 8,600 7,900 7,400 7,400 16,100 16,100 15,600 15,500 15,400 15,200 31,100 31,000 30,200 29,700 33,200 32,100 25,800 25,1300 25, 000 23,700 22,000 21,100 8,300 8,300 8,200 7,800 7,200 7,000 33,600 33,800 33,700 33,900 33,300 34,200 EDC Goals and Results ir I I 1114 Corpus Christi. REGIONAL ECONOMIC RP km DEVELOPMENT CORPORATION RPORATIOM ➢1,000+ Direct New "Economic Driver" Jobs Annually - 1,008 .Overall New Direct Payroll: $68.7 M ($68,149 avg.) $1.0 Billion Capital Expenditures ("CapEx") $15.3 B ➢150+BRE Visits/Company Interviews & semi-annual BRE reports 165 Recognition in National EDC Rankings/Best Places: ➢ Business Facilities Top 10 Export Cities ➢ Wallethub.com - 27111 Fastest Growing City in the nation, ➢ Callei: com - 961 in the nation for exports Adler-Montcalm QSR Online Tex -Isle Castleton Oxy Petroleum Cheniere Gravity Mid -Steam C.C. Cold Storage Govind OxyChem Energy Sector Information Roi141 Corpus Christi. REGIONAL ECONOMIC DEVELOPMENT CORPORATION • $300+ Billion in announced Industrial Projects along Gulf Coast since 2010 • Texas: • Natural Gas Production: 8,000 Trillion BTU's annually • Crude Gil: 4,000 Trillion BTU's annually • 27 Petroleum Refineries in TX • 29% of US Refining Capacity • TX Electricity primarily comes from Natural Gas (18,000 GW/month, compared to Coal 7,400 GW/month) • TX uses 4 Trillion BTU's from Natural Gas/year • TX leads US in wind energy (12,000 MW production capacity) Source Earn,. Idernalem Adminkhatlee, Unice of UO d Gas. Natural Car pnslae, Gas Tramspamllen Inlennallan Syaem Average Annual Wages (based on Average Weekly Wages by Industry) IIS Corpus Christi REGIONAL ECONOMIC DEVELOPMENT CORPORATION $90,000 $80,756 $80,000 570,000 560,000 550,000 $40,000 530,000 - - $20,000 510,000 570,369 2010-2015 Corpus Christi MSA 557,434 $51,649 $1:511 $50,934 $48,56 543' 43 5 36,257 $44,538 "'9 111 $41,66 $41,457 I 11 $34,51111 $33,800 $34,658 $31,$28,834 $2618 IIiII111111141111111111 J roc ��� QS ,`mor a`o ti`,�� �(77a 1'o (+ 4gs5 `ra *\GP a�or a\or •,,,, Q�,•qa ��� �aJ` �Q l i�ar ■2010 ■2011 ■2012"72013 ■2014 WORKFORCE SOLUTIONS of the Coastal Send Coastal Bend Workforce Area IIS Corpus Christi REGIONAL ECONOMIC DEVELOPMENT CORPORATION Area Area Type Latest Monthly Data December 2015 Previous Monthly Data November 2015 Year Ago December 2414 Labor Force Employment Unemployment Rate Ms. Y+, Labor Force Employment Unemployment Rate Lana -Force Employment Unemployment Rate United States Nalfon 157,833,000 149,929,000 7,904,000 5.0 0.0 -0.6 157,367,000 149,444,040 7,924,000 5.0 156,129,000 147,442,000 8,688,000 5.6 Texas State 13,097,113 12,486,860 610,253 4.7 0.1 0.1 13,070,635 12,472,249 598,386 4.6 13,171,837 12,57Q050 601,787 4.6 Corpus Christi Coastal Bend Aransas MSA WDA County 211,884 200,826 11,058 5.2 -0.2 -0.3 -0.2 0.7 212,876 201,345 11,631 5.4 212,766 203,130 9,636 4.5 274,373 258,962 15,411 5.6 1.1 276,339 260,170 16,169 5.9 278,610 266,180 12,430 4.5 10,128 9,597 531 5.2 0.3 10,181 9,633 548 5.4 10,227 9,729 498 4.9 Bee Brooks Duval Jrn Wells County County County County 10,042 9,394 648 6.5 -0.4 -0.4 -0.3 -0.5 1.7 10,066 9,373 693 6.9 10,679 10,162 517 4.8 2,639 2,376 263 10.0 3.8 2,636 Z361 275 10.4 2,655 2,490 165 6.2 5,279 4,800 479 9.1 4.4 5,427 4,917 510 9.4 5,559 5,298 261 4.7 19,685 18,004 1,681 8.5 4.3 20,083 18,280 1,803 9.0 20,201 19,362 839 4.2 Kenedy County 316 309 7 2.2 -0.6 -0.2 324 315 9 2.8 340 332 8 2.4 Ekberg County 14,506 13,659 847 5.8 -0.4 1.5 14,558 13,661 897 6.2 15,254 14,593 661 4.3 Live Oak County 6,757 5,517 240 4.2 0.0 1.2 6,961 5,713 248 4.2 6,398 6,209 189 3.0 McMullen Nueces Refugia County County County 985 968 17 1.7 0,1 -0.2 -0.3 -0.1 1,046 1,029 17 1.6 1,192 1,170 22 1.8 170,596 162,129 8,467 6.0 0.7 171,417 162,568 8,849 5.2 171,259 163,938 7,321 4.3 3,280 3,109 171 6.2 1.5 3,362 3,176 186 6.5 3,666 3,434 132 3.7 San Patricia County 31,160 29,100 2,060 6.6 -0.2 0.8 31,278 29,144 2,134 6.8 31,280 29,463 1,817 5.8 11‘14 REGIONA Corpus Christi.Key Economic Indicators DEVELOPMENTCORPORATION Monitoring: Dec 31, 2014 Dec 31, 2015 Oil Prices: $ 59.29/bbl. $ 37.62/bbl. (WTC www.oil.com) Rig Count: (www.bakerhughes.com/rigcount) December 31, 2014 852 December 31, 2015 319 Natural Gas Prices: $3.14 mm btu $2.11 mm btu (Henry Hub www.eia.gov) Unemployment: December 2014 4.3% December 2015 5.2% EDC Strategic Plan rill Corpus Christi. REGIONAL ECONOMIC RP km DEVELOPMENT CORPORATION RPORATIOM • Business Retention & Expansion • Business Recruitment & Economic Diversification • Project Management & Operating Protocols • Accountability, Compliance & Responsibility • Investor & Communications Campaign Projects Pipeline: Projects in Pipeline: 23 Potential CapEx: $4.775 billion Potential Jobs: 2,867 Potential Payroll: $172.8 million/year Recruiting Missions: 2 Existing Industry Visits: 15 EDC Economic Return 11111114 Corpus Christi. kmREGIONAL ECONOMIC DEVELOPMENT CORPORATION ➢ Estimated Ad Valorem Revenue for the City of Corpus Christi (net of any incentives) Over 10 years $14, 687,985 Over 20 years $35,322,510 Over 30 years $50,538,960 1117 Corpus Christi 2016 Economic OutlookpwiREEWELOGIONALPMEENTCONOMIC DCORP(]RATIpN Energy Pricing: Continued Uncertainty in crude oil market — no consensus on pricing ➢ Analysts predict huge range $25-55/bbl for the next two years. ➢ Dependent on Saudi production — competition for market share with US shale, other international producers. ➢ The united States has become the swing producer and therefore has a greater impact on pricing ➢ Geopolitical factors: War in Middle East, Saudi Arabia maintaining 9 5-10m/bpd (US at 9m/bpd — double what it was in 2008) ➢ Legislation to allow export of crude >Watch List: The ratio between Natural Gas prices and Crude Oil prices (7:1 ratio) Low oil/gasoline prices are considered good for US, but generally bad for Texas ➢ Corpus Christi MSA somewhat insulated, due to chemical sector growth, throughput of product at Port, construction of new facilities which is projected to continue for next 5+ years >$2-5 Billion in new industrial investment in Corpus Christi MSA, 1,000+ new jobs ➢Two words for 2016: Ethane & Liquefaction