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HomeMy WebLinkAboutAgenda Packet City Council - 05/17/2016 Cornus Christi 1201 Leopard Street - r Corpus Christi,TX 78401 i cctexas.com Meeting Agenda - Final City Council Tuesday,May 17,2016 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 Priest Lakshmi Srinivasacharyulu Anikepalli, Sri Venkateswara Temple. C. Pledge of Allegiance to the Flag of the United States to be led by Belinda Mercado, Director of Information Systems. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 16-0532 Proclamation declaring May 21, 2016, "Kids to Parks Day". Proclamation declaring May 15-21, 2016, "National Public Works Week". Proclamation declaring May 2016, "Elder Abuse Prevention Month". Proclamation declaring May 2016, "International Internal Audit Awareness Month". Proclamation declaring May 2016, "Older Americans Month". Commendation to Corpus Christi Senior Table Tennis Group. Corpus Christi Page 1 Printed on 5/16/2016 City Council Meeting Agenda-Final May 17,2016 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. 16-0547 Regular Meeting of May 10, 2016 Attachments: Minutes - May 10, 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 - 16) Corpus Christi Page 2 Printed on 5/16/2016 City Council Meeting Agenda-Final May 17,2016 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. 16-0482 Resolution nominating CITGO as a Texas Enterprise Project Resolution nominating CITGO Refining & Chemical Co. L.P. ("CITGO") to the Office of the Governor Economic Development & Tourism ("EDT") through the Economic Development Bank ("Bank") as a single enterprise project pursuant to the Texas Enterprise Zone Act ("Act"). Attachments: Agenda Memo-CITGO TEZ Resolution -CITGO TEZ 4. 16-0453 Resolution approving a Developer Participation Agreement to reimburse developer for the City's cost to extend Homedale Drive located south of Purdue, east of Flour Bluff Drive, west of Waldron Road and north of Glenoak Drive. Resolution authorizing the City Manager or designee to execute a developer participation agreement with Esteban R. Alaniz, ("Developer"), to reimburse the Developer up to $38,614.71 for the City's share of the cost to extend Homedale Drive, in accordance with the Unified Development Code. Attachments: Agenda Memo- Homedale Add Unit 4-Esteban R.Alaniz Resolution with Agreement- Homedale Addition Unit 4 Location Maps- Homedale Addition Unit 4 5. 16-0454 Second Reading Ordinance -Appropriating funds to reimburse developer for the shared cost to construct Homedale Drive located south of Purdue, east of Flour Bluff Drive, west of Waldron Road and north of Glenoak Drive (1st Reading 5/10/16) Ordinance appropriating $180.48 of interest earned and approving use of$3,379.80 of interest earnings and $27,703.31 of developer deposits in the No. 4730 Infrastructure Fund to reimburse Esteban R. Alaniz for 'h street construction cost of constructing Homedale Drive. Attachments: Agenda Memo- Esteban R. Alaniz-Homedale Addition Units 1 &2 Deferments Ordinance - Esteban R. Alaniz-Homedale Drive Location Maps- Homedale Addition Unit 4 Deferment Agreements 1 &2- Esteban R. Alaniz-Homedale Addition Units 1 &- 6. 16-0472 Second Reading Ordinance - Rezoning property located at 7442 Wooldridge Road (1st Reading 5/10/16 Corpus Christi Page 3 Printed on 5/16/2016 City Council Meeting Agenda-Final May 17,2016 Case No. 0316-02 Alex Azali: A change of zoning from the "RM-1" Multifamily 1 District to the "RM-2" Multifamily 2 District. The property is described as being a 13.814 acre tract of land out of a portion of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located along the north side of Wooldridge Road between Bevo Drive and Gold Star Drive. Planning Commission Recommendation (April 6, 2016): Denial of the change of zoning from the "RM-1" Multifamily 1 District to the "RM-2" Multifamily 2 District and, in lieu thereof, approval of the change of zoning to the "RM-1/SP" Multifamily 1 District with a Special Permit, subject to eight conditions and modifying condition #4. Staff Recommendation: Denial of the change of zoning from the "RM-1" Multifamily 1 District to the "RM-2" Multifamily 2 District and, in lieu thereof, approval of the change of zoning to the "RM-1/SP" Multifamily 1 District with a Special Permit, subject to eight conditions. Ordinance as Recommended by Staff: Ordinance amending the Unified Development Code ("UDC'), upon application by Alex Azali on behalf of Dorsal Development, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 13.814 acre tract of land out of a portion of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, from the "RM-1" Multifamily 1 District to the "RM-1/SP" Multifamily 1 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-Alex Azali Ordinance -Special Permit-PC Recommendation Ordinance -Special Permit-Staff Recommendation Location Maps-Alex Azali (Dorsal Dev.) Zoning Report-Alex Azali 7. 16-0473 Second Reading Ordinance - Rezoning property located at 1752 Rand Morgan Road (1st Reading 5/10/16) Case No. 0316-04 NP Homes, LLC: A change of zoning from the "FR" Farm Rural District and "IH" Heavy Industrial District to the "RS-6" Single-Family 6 District and to the "FR" Farm Rural District. The property is described as being a 28.228 acre tract of land described by Deed Document No. 200401783, Official Records of Nueces County, Texas, containing two tracts of land: Tract 1, being 21.568 acres out of a 25.998 acre tract of land; and Tract 2 being a 6.660 acre tract out of an Corpus Christi Page 4 Printed on 5/16/2016 City Council Meeting Agenda-Final May 17,2016 85.022 acre tract of land, located on the east side of Rand Morgan Road between McNorton Street and Goodnight Loving Trail. Planning Commission and Staff Recommendation (April 6, 2016): Approval of the change of zoning from the "FR" Farm Rural and "IH" Heavy Industrial Districts to the "RS-6" Single-Family 6 District on Tract 1 and "FR" Farm Rural District on Tract 2. Ordinance Ordinance amending the Unified Development Code ("UDC'), upon application by NP Homes, LLC on behalf of Double T & C Properties, Inc. ("Owner"), by changing the UDC Zoning Map in reference to a 28.228 acre tract of land described by Deed Document No. 200401783, Official Records of Nueces County, Texas, containing two tracts of land: Tract 1, being 21.568 acres out of a 25.998 acre tract of land; and Tract 2 being a 6.660 acre tract out of an 85.022 acre tract of land, from the "FR" Farm Rural District and "IH" Heavy Industrial District to the "RS-6" Single-Family 6 District and to the "FR" Farm Rural District, amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo- NP Homes, LLC Ordinance - NP Homes, LLC Location Maps- NP Homes, LLC Zoning Report-NP Homes, LLC 8. 16-0474 Second Reading Ordinance - Rezoning property located at 4315 Carroll Lane (1st Reading 5/10/16) Case No. 0316-05 TG 110 Samuel Place, LP: A change of zoning from the "RS-TF/SP" Two-Family District with a Special Permit to the "RM-1" Multifamily 1 District. The property is described as Carrollton Annex 3, Block C, located on the west side of Carroll Lane between Copus Street and Houston Street. Planninq Commission and Staff Recommendation (April 6, 2016): Approval of the change of zoning from the "RS-TF/SP" Two-Family District with a Special Permit to the "RM-1" Multifamily 1 District. Ordinance Ordinance amending the Unified Development Code ("UDC'), upon application by TG 110 Samuel Place, LP on behalf of HCS 310 LLC ("Owner"), by changing the UDC Zoning Map in reference to Carrollton Annex 3, Block C, from the "RS-TF/SP" Two-Family District with a Special Permit to the "RM-1" Multifamily 1 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Corpus Christi Page 5 Printed on 5/16/2016 City Council Meeting Agenda-Final May 17,2016 Attachments: Agenda Memo-TG 110 Samuel Place, LP Ordinance -TG 110 Samuel Place, LP Location Maps-TG 110 Samuel Place, LP Zoning Report-TG 110 Samuel Place, LP 9. 16-0483 Second Reading Ordinance -Amending the Wastewater Collection System Master Plan for Service Area 5 of the Greenwood Wastewater Master Plan (1st Reading 5/10/16) Ordinance amending the Wastewater Collection System Master Plan Greenwood Wastewater Master Plan Service Area, Area 5, an element of the Comprehensive Plan of the City of Corpus Christi, Texas, by adding two lift stations, adjusting lift station basin boundaries, and realigning the proposed wastewater collection lines; amending related elements of the Comprehensive Plan of the City; providing for severance; and providing for publication. Attachments: Agenda Memo-Wastewater Collection Line Master Plan Amendment Ordinance with exhibit- Masterplan Amendment Greenwood WW-FP Service Ar Presentation -WW Colllection Line Master Plan Amend-Greennwood Area 5 10. 16-0470 Second Reading Ordinance - Revisions to Chapter 14, Article II, Technical Construction Codes (1st Reading 5/10/16) Ordinance repealing and reenacting The Code of Ordinances, City of Corpus Christi Chapter 14, Article II, City of Corpus Christi Technical Construction Codes Divisions 1-8: Division 1, "Scope and Administration of Technical Construction Codes," Sections 14-201 thru 14-207. Division 2, "Building Code and Existing Building Code," Sections 14-231 thru 14-232. Division 3, "Electrical Code," Section 14-241. Division 4, "Energy Conservation Code," Section 14-251. Division 5, "Fuel Gas Code," Section 14-261. Division 6, "Mechanical Code," Section 14-271. Division 7, "Plumbing Code," Section 14-281. Division 8, "Residential Code," Section 14-291 Attachments: Agenda Memo-Chapter 14 Revisions Ordinance -Chapter 14 Building Code Presentation - Revisions to Chapter 14 11. 16-0475 Second Reading Ordinance -Accepting and appropriating grant funds for Emergency Medical Service (EMS) operation (1 st Reading 5/10/16) Ordinance authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $2,951.62; and appropriating $2,951.62 from the Coastal Bend Regional Advisory Council into the No. 1056 Ambulance Grant Fund to purchase supplies to support the delivery of emergency medical services for the Corpus Christi Page 6 Printed on 5/16/2016 City Council Meeting Agenda-Final May 17,2016 Corpus Christi Fire Department. Attachments: Agenda Memo-CBRAC grant Ordinance -CBRAC grant Award Document-CBRAC grant 12. 16-0484 Second Reading Ordinance -Approving the sale of parkland (1st Reading 5/10/16) Ordinance approving the sale of properties as follows and authorizing the City Manager to execute documents necessary to complete each real estate sales transaction: a) Fountain Park (4938 Moody) to Seaside Builders, LLC in amount of $70,000; b) Mt. Vernon Park (5151 McArdle) to Corpus Christi Retail Venture and Corpus Christi Area Council for the Deaf in amount of$1,763,801.90. Attachments: Agenda Memo-Sale of Parkland 2 Ordinance -Sale of Parkland 2 Contract- Fountain -Seaside Builders Contract- Mt.Vernon -Corpus Christi Retail Venture Location maps - Fountain and Mt Vernon Parks 13. 16-0435 Second Reading Ordinance -Accepting and appropriating funds from a Federal grant for Tuberculosis prevention and control services (1st Reading 5/10/16) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend and appropriate a grant contract for the Tuberculosis Prevention and Control-Federal (TB/PC-FED) grant in the amount of$48,345, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund with a City match of$9,669, from the No. 1020 General Fund, to provide tuberculosis prevention and control services for the contract period January 1, 2016, through December 31, 2016 for a total project cost of$58,104; and ratifying acceptance of the grant agreement to begin January 1, 2016. Attachments: Agenda Memo-TB Fed. Grant Contract(1-1-2016 to 1-1-2017) (Rev. 5-2-2016' Ordinance -TB PC FED Grant(1-1-2016 to 1-1-2017)Rev. 4-25-2016 Contract-TB PC-FED Tuberculosis Prevention &Control-Federal Grant Contra 14. 16-0372 Second Reading Ordinance -Approving an Interlocal Agreement with RTA and execute an Engineering Design Contract for Ayers Street Pedestrian Improvements and Turn Lane Addition (BOND 2014) (1st Reading 5/10/16) Ordinance appropriating $80,000 of anticipated revenues from the Regional Transportation Authority (RTA); changing the FY 2016 Capital Corpus Christi Page 7 Printed on 5/16/2016 City Council Meeting Agenda-Final May 17,2016 Improvement Budget adopted by Ordinance No. 030621 to increase revenues and expenditures by $80,000; Authorizing the City Manager, or designee, to execute an Interlocal Agreement with the RTA; authorizing the City Manager, or designee, to execute an engineering design contract with Lockwood, Andrews and Newnam, Inc. of Corpus Christi, Texas in the amount of$513,625.00 for the Ayers Street Pedestrian Improvements and Turn Lane Addition from S.P.I.D to Gollihar project (Bond 2014 Proposition 2). Attachments: Agenda Memo-Ayers Budget-Ayers Street Ordnance -Ayers Street Location Map-Ayers Street Contract-Ayers Street Presentation -Ayers Street Form 1295 15. 16-0428 Second Reading Ordinance - Prohibiting parking on portions of Mestina Street and Artesian Street and changing from two-way traffic to one-way (1st Reading 5/10/16) Ordinance amending the Code of Ordinances, Chapter 53, Section 53-250 Schedule I - One Way Streets and Alleys by changing designated portions of Artesian Street and Mestina Street from a two-way traffic pattern to a one-way traffic pattern and Schedule III - Parking prohibited at all times on certain streets by adding designated portions Artesian Street and Mestina Street. Attachments: Agenda Memo- Mestina and Artesian Streets Ordinance - Mestina and Artesian Streets- Revised Location Map- Mestina and Artesian.pdf Presentation - Mestina and Artesian Streets 16. 16-0480 Second Reading Ordinance - Interlocal Agreement with RTA and Change Order No. 2 with Bay LTD, for repairs to streets damaged by RTA temporary bus detours (1st Reading 5/10/16) Ordinance appropriating $300,000 of anticipated revenues from the Regional Transportation Authority (RTA); changing the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to increase revenues and expenditures by $300,000; authorizing the City Manager, or designee, to execute an Interlocal Agreement with the RTA; authorizing the City Manager, or designee, to execute a change order with Bay, Ltd. of Corpus Christi, Texas in the amount of$358,683.57 for the South Staples Street from Morgan Avenue to IH 37 project. Bond 2012, Proposition 1. Corpus Christi Page 8 Printed on 5/16/2016 City Council Meeting Agenda-Final May 17,2016 Attachments: Agenda Memo-Staples Change Order 2 Ordinance -Staples Change Order 2 Budget-Staples Street Change Order No. 2 FORM 1295 Project Location Map-South Staples Street from Morgan to Interstate Highway Street Repair Location Map-Staples Street Change Order Presentation -Staples BOND 2012 CO 2 L. EXECUTIVE SESSION: (ITEMS 17 - 18) 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. 17. 16-0531 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. 18. 16-0536 Executive Session pursuant to Section 551.071 of the Texas Government Code and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the New Broadway Waste Water Treatment Plant and other parts of the City's Sanitary Sewer Collection System M. SPECIAL ITEMS: PRESENTATION REGARDING TAXI ORDINANCE AND RESOLUTION REGARDING TRANSPORTATION NETWORK COMPANY(TNC) INITIATIVE ORDINANCE: (ITEMS 19 -20) 19. 16-0546 Discussion / Direction -Vehicle for Hire /Taxi Ordinance Attachments: Agenda Memo-Vehicle for Hire/Taxi Ordinance 5.17.16 Presentation—Transportation Network Company Ordinance Reconsideration 20. 16-0555 Discussion and possible action regarding a resolution to waive the charter requirement granting 45 days for Council consideration of an initiative ordinance Discussion and possible action regarding a resolution to waive the time allotted under City Charter Article I, Section 4 for Council consideration Corpus Christi Page 9 Printed on 5/16/2016 City Council Meeting Agenda-Final May 17,2016 of adoption of an initiative ordinance and authorizing the City Secretary to furnish the proponents petition pages upon passage of this resolution. Attachments: Agenda Memo-TNC Initiative 45-day waiver Resolution -TNC Initiative Waiving 45 Day Requirement N. PUBLIC HEARINGS: (ITEMS 21 - 24) 21. 16-0463 Public Hearing First Reading Ordinance - Proposed Amendment to MobilityCC by adopting the Corpus Christi Metropolitan Planning Organization Strategic Plan for Active Mobility, Phase 1: Bicycle Mobility Plan Ordinance amending MobilityCC, a transportation element of the Comprehensive Plan of the City of Corpus Christi, by adopting the Corpus Christi Metropolitan Planning Organization (CCMPO) Strategic Plan for Active Mobility, Phase 1: Bicycle Mobility Plan; providing for severance; providing for a repealer clause; and providing for publication. Attachments: Agenda Memo- Bicycle Mobility Plan Ordinance with Exhibit- Bicycle Mobility Plan Presentation - MPO Bicycle Mobility Plan 22. 16-0504 Public Hearing and First Reading Ordinance - Rezoning property located at 1802 - 1820 Buford Street Case No. 0416-02 The Salvation Army: A change of zoning from the "RS-6" Single-Family 6 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use. The property is described as being a 2.42 acre tract of land, being all of Lots 1-16, Block 6 and a 15 foot wide alley, Bay View No. 3, located between Hancock Avenue and Buford Avenue and between 16th Street and 15th Street. Planning Commission and Staff Recommendation (April 20, 2016): Denial of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-1/SP" General Commercial District with a Special Permit and, in lieu thereof, approval of the "RS-6/SP" Single-Family 6 District with a Special Permit subject to nine conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by The Salvation Army ("Owner"), by changing the UDC Zoning Map in reference to a 2.42 acre tract of land, being all of Lots 1-16, Block 6 and a 15 foot wide alley, Bay View No. 3, from the "RS-6" Single-Family 6 District to the "RS-6/SP" Single-Family 6 District with a Special Permit for a social service use; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Corpus Christi Page 10 Printed on 5/16/2016 City Council Meeting Agenda-Final May 17,2016 Attachments: Agenda Memo-Salvation Army Ordinance (PC Recommendation)- RS-6 Special Permit-Salvation Army Presentation -Salvation Army Zoning Report-Salvation Army 23. 16-0505 Public Hearing and First Reading Ordinance - Rezoning property located at 22 - 26 and 34 -37 N. Country Club Drive, and 39, 41, 42, and 56 Country Club Drive Case No. 0416-03 Magellan Terminals Holdings, LP: A change of zoning from the "RS-6" Single-Family 6 District, "ON" Office District and "RM-1" Multifamily 1 District to the "IL" Light Industrial District. The property is described as Lots 22-26, 34-42 and 55-56, Country Club Place, located on the north side of Interstate Highway 37, between Up River Road and Poth Lane. Planning Commission and Staff Recommendation (April 20, 2016): Approval of the change of zoning from the "RS-6" Single-Family 6 District, "ON" Office District and "RM-1" Multifamily 1 District to the "IL" Light Industrial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Magellan Terminals Holdings, LP ("Owner"), by changing the UDC Zoning Map in reference to Lots 22-26, 34-42 and 55-56, Country Club Place, from the "RS-6" Single-Family 6 District, "ON" Office District and "RM-1" Multifamily 1 District to the "IL" Light Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo- Magellan Terminals Holdings, LP Ordinance - Magellan Terminals Holdings, LP Location Maps- Magellan Terminals Holdings Zoning Report-Magellan Terminals Holdings, LP 24. 16-0506 Public Hearing and First Reading Ordinance - Rezoning property located at 14102 Ambrosia Street Case No. 0316-06 Yun W. Hwang: A change of zoning from the "RM-3" Multifamily 3 District to the "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay. The property is described as Lot 1-B, Block 1, Padre Island No. 1, together with that portion of Estrada Drive (now closed), adjacent to said Lot 1-B, Block 1, Padre Island No. 1, located on the north side of Ambrosia Street between Scallop Street and Indigo Street. Planning Commission and Staff Recommendation (April 20, 2016): Corpus Christi Page 11 Printed on 5/16/2016 City Council Meeting Agenda-Final May 17,2016 Approval of the change of zoning from "RM-3" Multifamily 3 District to the "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay subject to nine conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Yun W. Hwang ("Owner"), by changing the UDC Zoning Map in reference to Lot 1-B, Block 1, Padre Island No. 1, together with that portion of Estrada Drive (now closed), adjacent to said Lot 1-B, Block 1, Padre Island No. 1, from the "RM-3" Multifamily 3 District to the "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo- Island Bay Townhomes Ordinance - Island Bay Townhomes revised Presentation - Island Bay Townhomes Zoning Report-Island Bay Townhomes O. REGULAR AGENDA: (ITEMS 25 - 26) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 25. 16-0462 Second Reading Ordinance -Appropriating funds to execute the Engineering Construction Contract for International Boulevard Improvements (BOND 2012 Proposition 8) (1st Reading 5/10/16) Ordinance appropriating and approving a transfer in the amount of $236,810 from the Unreserved Fund Balance in No. 4612 Airport Operating Reserves Fund to and appropriating in Fund 3018 Airport Capital Reserve Fund; changing the FY 2016 Operating Budget adopted by Ordinance No. 030620 to increase expenditures by $236,810; changing the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to increase revenues and expenditures by $236,810 each; and authorizing the City Manager or designee, to execute a Construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of$1,683,694.35 for the International Boulevard Improvements project for the Base Bid and Additive Alternate No. 1. (BOND 2012 Proposition 8) Attachments: Agenda Memo- International Blvd BOND 2012 Ordinance - International Blvd Prosect Budget- International Blvd Location Map- International Boulevard Improvements Bond 2012 Vicinity Map Presentation - International Blvd BOND 2012 Form 1295 Bay 26. 16-0487 Second Reading Ordinance -Accepting and appropriating funds for Corpus Christi Page 12 Printed on 5/16/2016 City Council Meeting Agenda-Final May 17,2016 the maintenance of Mirador Outlooks (1st Reading 5/10/16) Ordinance accepting $13,000 from the Corpus Christi Business and Job Development Corporation's No. 1120 Seawall Improvement Fund as a match to the City of Corpus Christi's $13,000 appropriation for maintenance of the Miradores in the No. 1020 General Fund; appropriating $13,000 from the unreserved fund balance in the No. 1120 Seawall Improvement Fund; and amending the FY2015-2016 operating budget adopted by Ordinance No. 030620 to increase revenue and expenditures in the No. 1020 General Fund by $13,000 each; and expenditures in the No. 1120 Seawall Improvement Fund by $13,000. Attachments: Agenda Memo- Mirador Maintenance Enhanced Mirador Maintenance Scope of Work Ordinance - Enhanced Mirador Maintenance Legal Memo-Seawall Fund for Miradores P. FIRST READING ORDINANCES: (ITEMS 27 -29) 27. 16-0494 First Reading Ordinance -Accepting and appropriating additional Federal grant funds for the Houston High Intensity Drug Trafficking Area (HIDTA) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept additional grant funding in the amount of$9,100.65 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Departments role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA); and appropriating the $9,100.65 in the No. 1061 Police Grants Fund. Attachments: Agenda Memo- HIDTA add funds 05.17.2016 Ordinance - Additional HIDTA grant 2016 -Police Award -2016 HIDTA subaward signed 28. 16-0520 First Reading Ordinance -Abandoning and vacating an existing blanket pipeline easement, located at the northeast corner of Staples Street and Wooldridge Drive Ordinance abandoning and vacating of an existing blanket easement, located at Lokey Subdivision, Block 16D, Lot 5 that was recorded at Nueces County Deed Records Vol. 269 pages 249-250 and located north of Wooldridge Drive, and west of the South Staples Street public street right-of-way; and requiring the owner of the lot, Brimhall Enterprises, Inc., to comply with the specified conditions. Corpus Christi Page 13 Printed on 5/16/2016 City Council Meeting Agenda-Final May 17,2016 Attachments: Agenda Memo- Blanket Easement Ordinance - Lokey Subdivision Block 16D Lot 5.Blanket Easement(2)ALL Location Maps - Blanket Easement Gas Department 29. 16-0529 First Reading Ordinance -Approving agreement and appropriating funds for the construction of a sanitary sewer trunk line, force main and lift station located on the southeast corner of South Padre Island Drive and Old Brownsville Road Ordinance authorizing city manager or designee to execute a sanitary sewer trunk line, force main and lift station construction and reimbursement agreement ("Agreement") with Peterson Properties, Ltd., ("Developer"), for the construction of a sanitary sewer trunk line, force main and lift station and appropriating $911,341.24 from the No. 4220 Sanitary Sewer Trunk System Trust Fund to reimburse the Developer in accordance with the Agreement. Attachments: Agenda Memo- Reimbursement Agreement Westpoint Crossing Blk 1, Lots 1 & Ordinance - Reimbursement Agreement Westpoint Crossing Blk 1, Lots 1 &2-P Agreement-WW Reimb Westpoint Crossing Blk 1, Lots 1 &2-Peterson Proper Form 1295 Presentation - Reimbursement Agreement Westpoint Crossing Blk 1, Lots 1 &2 Q. FUTURE AGENDA ITEMS: (ITEMS 30 - 39) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 30. 16-0509 Resolution authorizing 3 Interlocal Agreements with local school districts to provide bus transportation for 2016 summer programs Resolution authorizing the City Manager or designee to execute separate multi-year Interlocal Agreements with the Calallen Independent School District, the Corpus Christi Independent School District and the Flour Bluff Independent School District, to provide transportation services for summer youth recreation programs. Attachments: Agenda Memo-2016 Summer Interlocal Transportation Agreements Resolution -2016 Summer Transportation Agreements Interlocal Transportation Agreement-Calallen I.S.D. Interlocal Transportation Agreement-Corpus Christi I.S.D. Interlocal Transporation Agreement- Flour Bluff I.S.D. 31. 16-0518 Resolution authorizing request for beach cleaning and maintenance funding from Texas General Land Office for FY 2016-17 Resolution authorizing the City Manager or designee to execute all Corpus Christi Page 14 Printed on 5/16/2016 City Council Meeting Agenda-Final May 17,2016 documents necessary to request continued financial assistance for beach cleaning and maintenance on North Padre Island and Mustang Island during FY 2016-2017 under the Texas General Land Office's Beach Cleaning and Maintenance Assistance Program. Attachments: Agenda Memo-2017 GLO Beach Maintenance Application Resolution -2017 GLO Beach Maintenance Application 32. 16-0488 Construction contract for Community Park Development and Improvements - Parker Park (Bond 2012) Motion authorizing the City Manager, or designee, to execute a construction contract with Ram-Bro Construction of Robstown, Texas in the amount of$363,559.50 for the Community Park Development and Improvements - Parker Park project for the base bid only for improvements to the existing park. (Bond 2012, Proposition 4). Attachments: Agenda Memo- Parker Park Project Budget- Parker Park.xlsx Location Map Parker Park.pdf Presentation Parker Park.pptx Form 1295-Ram-Bro- Parker Park E14005.pdf 33. 16-0246 Two Construction Contracts and a Construction Phase and Observation Services Contract for the Indefinite Delivery/Indefinite Quantity (IDIQ) Minor Street Improvement Project Motion authorizing the City Manager, or designee, to execute a construction contract with Ortiz Construction and Paving, Inc. for Part 1 in an amount of$1,813,485.00 and to execute a construction contract with Grace Paving & Construction, Inc. for Part 2 in the amount of $1,831,369.84 for the Indefinite Delivery/Indefinite Quantity (IDIQ) Minor Street Improvements project; and to execute a Construction Phase and Observation Services contract with Engineering & Construction Management Services, LLC of Corpus Christi, Texas in the amount of $176,880 for the Indefinite Delivery/Indefinite Quantity (IDIQ) Minor Street Improvements project. These are multi-year contracts with a 1-year base plus two 1-year extensions. Attachments: Agenda Memo- IDIQ Minor Street Impr Project Budget- IDIQ MINOR STREET IMPROVEMENTS Presentation - IDIQ Minor Street Improvements Location Map- IDIQ Minor Street Improvements Contract-Construction Management Services Form 1295 Felix Ocanas Form 1295 A Ortiz Construction Form 1295 Grace Paving Corpus Christi Page 15 Printed on 5/16/2016 City Council Meeting Agenda-Final May 17,2016 34. 16-0425 Engineering Design Contract for the O. N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase I Motion authorizing the City Manager or designee to execute an Engineering Design contract with LNV, Inc. of Corpus Christi, Texas in the amount of$95,467 for the O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase I for design, bid and construction phase services. Attachments: Agenda Memo-ONSWTP Sludge Project Budget-ONSWTP Sludge Location Map-ONSWTP Sludge Contract-ONSWTP Sludge Presentation -ONSWTP Sludge Form 1295-ONSWTP Sludge 35. 16-0491 Engineering construction contract for the Greenwood Wastewater Treatment Plant Emissions and Odor Control Improvements Motion authorizing the City Manager or designee to execute a construction contract with J.S. Haren Company of Athens, Tennessee in the amount of$207,000 for the Greenwood Wastewater Treatment Plant Emissions & Odor Control Improvements project for the Base Bid. Attachments: Agenda Memo-Greenwood WWTP.docx Prosect Budget-Greenwood WWTP.xls Location Map-Greenwood WWTP.pdf Presentation -Greenwood WWTP.pptx Form 1295-Greenwood WWTP.pdf 36. 16-0485 Service Agreement for Tire Disposal Service Motion approving a service agreement with Texas Land Reclamation LLC, dba UTW Tire Collection Services, Donna, Texas, for Used Tire Disposal Service in accordance with Bid Event No. 85, based on lowest responsive, responsible bid for an estimated annual expenditure of $112,134.00, of which $37,378.00 is required for the remainder of FY 2015-2016. The term of the contract will be for twelve months with options to extend for up to two additional twelve-month periods, subject to the approval of the Contractor and the City Manager or designee. Funds have been budgeted by the Fleet Maintenance Services and Solid Waste Departments in FY 2015-2016. Attachments: Agenda Memo- Used Tire Disposal Service Bid Tab- Used Tire Disposal Service Service Agreement Final -Used Tire Disposal Service 1295- Used Tire Disposal Corpus Christi Page 16 Printed on 5/16/2016 City Council Meeting Agenda-Final May 17,2016 37. 16-0371 Service Agreement for Security Guard and Bailiff Services for Municipal Court Resolution finding the lowest responsive responsible bidder for commissioned security guard and bailiff services in response to Bid Event No. 95; awarding a service agreement to Deacon 10, LLC, of Euclid, Ohio, dba Premier Protective Services; and authorizing the City Manager or designee to execute a service agreement with the lowest responsible bidder for commissioned security guard and bailiff services. Attachments: Agenda Memo- Municipal Court Bid Tab- Municipal Court Resolution -Municipal Court Service Agreement- Municipal Court 38. 16-0493 Resolution to intervene in AEP's filing at the Public Utility Commission for a Distribution Cost Recovery Factor Resolution of the City of Corpus Christi, Texas to authorize intervention in the Public Utility Commission of Texas Docket No. 45787 regarding AEP Texas Central Company's application for approval of a distribution cost recovery factor to increase distribution rates within the city; finding that the city's reasonable rate case expenses shall be reimbursed by the company; finding that the meeting at which this resolution is passed is open to the public as required by law; requiring notice of this resolution to the company and legal counsel. Attachments: Agenda Memo- Resolution to intervene-2016 TCC DCRF (Docket No 45787)(1 Resolution to Intervene-2016 TCC DCRF (Docket No 45787) (6) 39. 16-0503 Resolution supporting the approval of bonds and a project relative to Texas A&M University-Corpus Christi Resolution of the City Council of the City of Corpus Christi, Texas, authorizing the Mayor to approve the issuance of(1) The New Hope Cultural Education Facilities Finance Corporation Student Housing Revenue Bonds (CHF - Collegiate Housing Island Campus, L.L.C. - Texas A&M University - Corpus Christi Island Campus Project) Series 2016A and to approve the project to be acquired with the proceeds of such Bonds, and (11) The New Hope Cultural Education Facilities Finance Corporation Student Housing Revenue Bonds (CHF - Collegiate Housing Corpus Christi 11, L.L.C. - Texas A&M University-Corpus Christi Project) Series 2016A and to approve the project to be acquired with the proceeds of such Bonds Corpus Christi Page 17 Printed on 5/16/2016 City Council Meeting Agenda-Final May 17,2016 Attachments: Agenda Memo-TAMUCC Housing Bonds 051716 Resolution -TAMUCC Housing Bonds 051716 Feb 14 2006 Agenda Memo re Educational Media Foundation request for appro Internal Revenue Code Sec 147 Certificate of the Mayor for TAMUCC Bonds Presentation -TAMUCC Bonds 2016 R. BRIEFINGS: (ITEM 40) Briefing information will be provided to the City Council during the Council meeting. Briefings are for Council information only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. 40. 16-0339 Corpus Christi Regional Economic Development Corporation - Quarterly Economic Update Attachments: Agenda Memo-CCREDC Presentation -CCREDC May 2016 S. ADJOURNMENT Corpus Christi Page 18 Printed on 5/16/2016 CorCorpus Christi 1201 Leopard Street F' Corpus Christi,TX 78401 r& cctexas.com Meeting Minutes City Council Tuesday, May 10,2016 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. B. Invocation to be given by Chuck Goodwin, Fish for Life Ministries. Chuck Goodwin gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Constance Sanchez, Director of Finance. Director of Financial Services Constance Sanchez 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: 9- Mayor Nelda Marti nez,Council Member Rudy Garza,Council Member Michael Hunter,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lucy Rubio,Council Member Brian Rosas,Council Member Mark Scott, and Council Member Carolyn Vaughn E. Proclamations /Commendations 1. Proclamation declaring May 12, 2016, "American GI Forum Chapter of Texas Stand Up for Veterans 5th Annual Scholarship Awards Banquet". Proclamation declaring May 13, 2016, "Generation Texas Signing Day". Proclamation declaring May 16, 2016, "National Peace Officers' Memorial Day" and May 15-21, 2016, "National Police Officers' Week". Corpus Christi Page 1 Printed on 5/13/2016 City Council Meeting Minutes May 10,2016 Proclamation declaring May 9-14, "National Salvation Army Week". Proclamation declaring May 2016, "Motorcycle Safety and Awareness Month". Mayor Martinez presented the proclamations. 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 referred to comments from the public. City Attorney Miles K. Risley recited the Rules of Decorum for the City Council meeting. Carrie Robertson Meyer,4401 Gulfbreeze Boulevard, and Ron Graban,202 Surfside, expressed the following concerns regarding the design of the new Harbor Bridge: safety issues on Beach Avenue; bike and pedestrian safety; and drainage issues; and requested that this item be placed on the May 17,2016 Council meeting agenda. Abel Alonzo, 1701 Thames,spoke regarding the following:the visit by Columbian Police Officers with the Corpus Christi Police Department and the Nueces County"I Believe in Me" Foundation's "Run,Walk 'N Roll"event scheduled for Saturday, May 28,2016 beginning at 8:00 a.m. at Manuel Salinas Park, 1354 Airport Road. Libby Edwards, 14158 Cutlass, provided an update on the following resolutions supported by the Island Strategic Action Committee: 1) banning the use of plastic bags at the point of sale and 2) a feasibility study regarding a traffic light at the intersection of Vedermar Drive and Jackfish Avenue. Neil McQueen,4213 Estate Drive,spoke regarding the Surf Rider Foundation's national program to try and reduce the effects of plastic litter in the ocean. David Pierce, 14769 Dasmarinas, spoke in support of a plastic bag ban. Gloria Scott,4422 S.Alameda, requested that a staff representative be assigned to monitor comments made at community meetings regarding the buy-out agreements for the new Harbor Bridge. Michael McCauley,453 Williamson Place,spoke regarding the Corpus Christi Initiative for transportation network companies and asked that if the City Council intends to reject the initiative ordinance,that it do so today to allow the petition process to begin. Susie Luna Saldana,4710 Hakel,thanked the City Council members that continue to support the fingerprinting requirement for transportation network company drivers and the safety of all citizens. Garrett Dorsey, 14878 Granada, thanked Council Member McIntyre and State Representative Todd Hunter for attending the Boy Scout Troop 949 meeting to address citizenship in the community. Stacy Palacios, 710 Caddo,spoke regarding statistics on the live release rates provided by Animal Care Services and the need for funding to hire an additional veterinarian at Animal Care Services. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Martinez referred to City Manager's Comments. City Manager Ron Olson reported on the following topics: Corpus Christi Page 2 Printed on 5/13/2016 City Council Meeting Minutes May 10,2016 a. OTHER 1)At the next City Council meeting,the Customer Call Center will set up a remote work station outside the glass doors at the back of the City Council Chambers to allow citizens coming to the Council meeting an opportunity to talk face-to-face with a call center representative to address their concerns and have a work order created at that time. The remote station will begin at 11:15 a.m. until the end of public comment.2)The next Glass Recycle Event will be held on Saturday, May 14,2016 at the Walmart in Calallen located on Highway 77 from 9:00 a.m.to 3:00 p.m. 3)The State of Texas has passed new requirements on energy conservation. As a public service,the Development Services Department will host classes on how to comply with the new Energy Conservation Code requirements. To register for the event, interested individuals can call the Development Services Department. H. CITY SECRETARY'S REPORT: (ITEM 2) 2. Designation of Mayor Pro Tem for the May 31, 2016 City Council Meeting. Mayor Martinez referred to Item 2, designation of Mayor Pro Tem for the May 31,2016 Council meeting. Mayor Martinez explained that both she and Council Member Mark Scott will be absent from the May 31st Council meeting to attend the decommissioning of the U.S.S. Corpus Christi. Per the City Charter,the City Council must designate a council member to conduct the meeting as Mayor Pro Tem. Mayor Martinez made a motion to extend Mayor Pro Tem Rudy Garza's term as Mayor Pro Tem to May 31,2016,seconded by Council Member Scott and passed unanimously. I. MINUTES: (ITEM 3) 3. Regular Meeting of April 26, 2016 Mayor Martinez referred to approval of the minutes. Council Member Magill made a motion to approve the minutes,seconded by Council Member McIntyre and passed unanimously. J. BOARD &COMMITTEE APPOINTMENTS: 4. Animal Care Advisory Committee Building Code Board of Appeals Coastal Bend Council of Governments Landmark Commission Pipeline Review Panel Reinvestment Zone No. Three Board Mayor Martinez referred to board and committee appointments. The following board and committee appointments were made: Corpus Christi Page 3 Printed on 5/13/2016 City Council Meeting Minutes May 10,2016 Animal Care Advisory Committee Council Member McIntyre made a motion to reappoint Samantha Person (Community At-Large)and Megan Tisdale(Community At-Large),seconded by Council Member Magill and passed unanimously. Council Member Magill made a motion to appoint Michelle Sanders (Local Animal Welfare Organization), seconded by Council Member McIntyre and passed unanimously. Council Member McIntyre made a motion to appoint Sara Andux(Veterinarian), seconded by Council Member Magill and passed unanimously. Building Code Board of Appeals Council Member Magill made a motion to reappoint Ray Jones (Building Industry), Robert Knowles P.E. (Engineer), Steven McClure, Sr. (Not Connected with Building Industry), and Ramiro Munoz III (Building Industry),seconded by Council Member Garza and passed unanimously. Coastal Bend Council of Governments Council Member Magill made a motion to accept City Manager Ron Olson's recommendation for the new appointments of Interim Assistant City Manager Jay Ellington and Pat Veteto, seconded by Council Member Scott and passed unanimously. Landmark Commission Council Member Magill made a motion to appoint Christine Reiser Robbins (Historian), seconded by Council Member McIntyre and passed unanimously. Pipeline Review Panel Council Member Magill made a motion to reappoint Robert Leon (Technical Expertise), Louis Lopez(Technical Expertise/Emergency Management Experience), Mukesh R. Pratap(Technical Expertise), Kelly L.White (Community Representative), and Philip E. Woods (Technical Expertise), seconded by Council Member Garza and passed unanimously. Reinvestment Zone No. 3 Board Council Member McIntyre made a motion to reappoint Stefany Schade, seconded by Council Member Magill and passed unanimously. K. EXPLANATION OF COUNCIL ACTION: L. CONSENT AGENDA: (ITEMS 5 - 10) Corpus Christi Page 4 Printed on 5/13/2016 City Council Meeting Minutes May 10,2016 Approval of the Consent Agenda Mayor Martinez referred to the Consent Agenda. John Kelley requested that Item 5 be pulled for individual consideration. Council Member Vaughn requested that Item 8 be pulled for individual consideration. A motion was made by Council Member McIntyre,seconded by Council Member Garza, to approve the Consent Agenda. The consent agenda items were approved by one vote as follows: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 6. Change order for additional Professional Services In support of Infor Public Sector(IPS) - Utility Billing Project Motion authorizing the City Manager, or his designee, to execute a change order to the original scope of work in support of the implementation of the Infor Public Sector (IPS) for Utility Billing in the amount of$200,000. This Motion was passed on the Consent Agenda. Enactment No: M2016-049 7. Second Reading Ordinance - Change Order for Additional Professional Services For Development Services Infor Community Development Regulation (CDR) Project(1st Reading 4/26/16) Ordinance appropriating $250,000 from the unreserved fund balance in Development Services Fund No. 4670 for implementation of the Infor Community Development Regulation module; amending the FY 2015-2016 Operating Budget adopted by Ordinance No. 030620 to increase expenditures by $250,000; and authorizing the City Manager or designee to execute change orders for additional consulting services related to the Infor Community Development Regulation project. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030834 9. Second Reading Ordinance -Accepting and appropriating State Homeland Security Grant funds for terrorism prevention and preparedness (1st Reading 4/26/16). Corpus Christi Page 5 Printed on 5/13/2016 City Council Meeting Minutes May 10,2016 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept grants from the Governor's Homeland Security Grants Division in the amount of$153,145.51 for the Homeland Security Grant Program; and appropriating $153,145.51 from the Governor's Homeland Security Grants Division into the No. 1062 Fire Grants Fund to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030836 10. Second Reading Ordinance - Consession and Lease Agreement for shoe shine services at Corpus Christi International Airport (1st Reading 4/26/16) Ordinance authorizing the City Manager or designee to execute a concession and lease agreement with Carl Walker DBA Whatchamacaller's Place for shoe shine services at Corpus Christi International Airport for a period of 12 months. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030837 5. Resolution authorizing outside city limit water contracts for properties in London Village Subdivision Resolution authorizing the City Manager or his designee to enter into outside city limits water contracts with the property owners in the London Village Subdivision to provide public water to their respective properties pursuant to Chapter 55, Article VIII, Code of Ordinances. Mayor Martinez referred to Item 5, authorizing the City Manager or designee to enter into outside city limit water contracts for properties in the London Village Subdivision.John Kelley, 3621 Austin, stated that this item is an example of why the City needs a comprehensive plan. He explained that a comprehensive plan would not allow for the approval of outside city limits water contracts. Mr. Kelley stated that approval of this action guarantees that this area will eventually be annexed and the City should be focusing on infill redevelopment instead of adding additional debt for infrastructure. Council Member Magill made a motion to approve the resolution,seconded by Council Member Garza. This Resolution was passed and approved with the following vote: Aye: 8- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rosas, Council Member Scott and Council Member Vaughn Nay: 1 - Council Member Rubio Abstained: 0 Corpus Christi Page 6 Printed on 5/13/2016 City Council Meeting Minutes May 10,2016 Enactment No: 030833 8. Second Reading Ordinance - Reclassifying 3 positions in the Fire Department(1st Reading 4/26/16) Ordinance amending Ordinance No. 030620 by increasing the number of positions authorized for classification of"Battalion Chief' from ten (10) to thirteen (13) and decreasing the number of positions authorized for classification of"Fire Captain" from eighty-two (82) to seventy-nine (79). Mayor Martinez referred to Item 8, the reclassification of three Fire Captain positions to Battalion Chief positions. Fire Chief Robert Rocha and council members spoke regarding the following topics: the job descriptions for Battalion Chief and EMS Supervisor;the MGT of America study which recommended the reclassification of these positions;the difference in training between a Battalion Chief and EMS Supervisor; whether Battalion Chiefs are required to ride in an ambulance; an explanation of the promotion process and the timing of this reclassification; and whether EMS Captains were aware of the reclassification of these positions to Battalion Chief. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Hunter. This Ordinance was passed on second reading and approved with the following vote: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: 030835 M. EXECUTIVE SESSION: (ITEMS 11 - 12) Mayor Martinez referred to the day's executive sessions. The Council went into executive session. 11. 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. 12. Executive session pursuant to Texas Government Code 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning potential participation in AEP Texas Central Company rate case regarding application for Distribution Cost Recovery Factor at Texas Public Utility Commission. This E-Session Item was discussed in executive session. Corpus Christi Page 7 Printed on 5/13/2016 City Council Meeting Minutes May 10,2016 O. PUBLIC HEARINGS: (ITEMS 16 - 17) 17. Public Hearing and First Reading Ordinance - Rezoning property located at 1752 Rand Morgan Road Case No. 0316-04 NP Homes, LLC: A change of zoning from the "FR" Farm Rural District and "IH" Heavy Industrial District to the "RS-6" Single-Family 6 District and to the "FR" Farm Rural District. The property is described as being a 28.228 acre tract of land described by Deed Document No. 200401783, Official Records of Nueces County, Texas, containing two tracts of land: Tract 1, being 21.568 acres out of a 25.998 acre tract of land; and Tract 2 being a 6.660 acre tract out of an 85.022 acre tract of land, located on the east side of Rand Morgan Road between McNorton Street and Goodnight Loving Trail. Planning Commission and Staff Recommendation (April 6, 2016): Approval of the change of zoning from the "FR" Farm Rural and "IH" Heavy Industrial Districts to the "RS-6" Single-Family 6 District on Tract 1 and "FR" Farm Rural District on Tract 2. Ordinance Ordinance amending the Unified Development Code ("UDC'), upon application by NP Homes, LLC on behalf of Double T & C Properties, Inc. ("Owner"), by changing the UDC Zoning Map in reference to a 28.228 acre tract of land described by Deed Document No. 200401783, Official Records of Nueces County, Texas, containing two tracts of land: Tract 1, being 21.568 acres out of a 25.998 acre tract of land; and Tract 2 being a 6.660 acre tract out of an 85.022 acre tract of land, from the "FR" Farm Rural District and "IH" Heavy Industrial District to the "RS-6" Single-Family 6 District and to the "FR" Farm Rural District, amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez deviated from the agenda and referred to Item 17. Interim Director of Development Services Daniel McGinn stated that the purpose of this item is to rezone the subject property to allow for the development of a single-family subdivision on Tract 1 and a buffer area on Tract 2. 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 Vaughn spoke in support of the development of a neighborhood on this property. Council Member Vaughn 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: Corpus Christi Page 8 Printed on 5/13/2016 City Council Meeting Minutes May 10,2016 Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 16. Public Hearing and First Reading Ordinance - Rezoning property located at 7442 Wooldridge Road Case No. 0316-02 Alex Azali: A change of zoning from the "RM-1" Multifamily 1 District to the "RM-2" Multifamily 2 District. The property is described as being a 13.814 acre tract of land out of a portion of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located along the north side of Wooldridge Road between Bevo Drive and Gold Star Drive. Planning Commission Recommendation (April 6, 2016): Denial of the change of zoning from the "RM-1" Multifamily 1 District to the "RM-2" Multifamily 2 District and, in lieu thereof, approval of the change of zoning to the "RM-1/SP" Multifamily 1 District with a Special Permit, subject to eight conditions and modifying condition #4. Staff Recommendation: Denial of the change of zoning from the "RM-1" Multifamily 1 District to the "RM-2" Multifamily 2 District and, in lieu thereof, approval of the change of zoning to the "RM-1/SP" Multifamily 1 District with a Special Permit, subject to eight conditions. Ordinance as Recommended by the Planning Commission: Ordinance amending the Unified Development Code ("UDC"), upon application by Alex Azali on behalf of Dorsal Development, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 13.814 acre tract of land out of a portion of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, from the "RM-1" Multifamily 1 District to the "RM-1/SP" Multifamily 1 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 16. Interim Director of Development Services Daniel McGinn stated that the purpose of this item is to rezone the subject property to allow for the development of a 360-unit multifamily apartment project. Mr. McGinn stated that the proposed rezoning is not consistent with the adopted future land use map. Therefore, an increase in density is best considered via a Special Permit. Mr. McGinn provided an overview of Special Permit conditions that were worked out with the applicant. Mr. McGinn stated that Planning Commission and staff recommend denial of the change of zoning to the"RM-2"and, in lieu thereof, approval of the change of zoning to the "RM-1/SP' Multifamily 1 District with a Special Permit. Mr. McGinn reported that the Planning Commission had a modification to staff's proposed condition No. Corpus Christi Page 9 Printed on 5/13/2016 City Council Meeting Minutes May 10,2016 4, Balconies. Staff proposed that"No balcony on the most northern buildings shall face adjacent single-family development." Planning Commission is recommending that"No balcony shall face adjacent single-family development". Mr. McGinn stated that the applicant is not agreeable to Planning Commission's recommendation. Mr. McGinn explained that approval of staff's recommendation would require a three-fourths vote of the City Council because it is less restrictive than Planning Commission's recommendation. 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 location of the single-family residences with respect to the conditions of the Special Permit regarding balconies; an explanation of staff's recommendation that no balcony on the most northern buildings shall face adjacent single-family development; the applicant's ability to build multifamily apartments with the existing zoning; the Special Permit condition regarding dumpsters; the development of Special Permit conditions to protect adjacent neighborhoods; and the applicant's objection to Planning Commission's recommendation. Mayor Martinez reopened the public hearing.Alex Azali, applicant,explained that he is in opposition to the Planning Commission's recommendation regarding balconies because under the current zoning, balconies are allowed. Additional units were added which required the Special Permit. The development is a luxury apartment and the residents would want to have balconies. Mr.Azali said he agrees with all of the conditions of the Special Permit recommended by staff. Mayor Martinez closed the public hearing. There was a brief discussion regarding the direction of the units. Council Member Garza made a motion to accept staff's recommendation, seconded by Council Member McIntyre. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 N. SPECIAL ITEM: PRESENTATION, DISCUSSION, AND POSSIBLE ACTION REGARDING TRANSPORTATION NETWORK COMPANIES (TNC)AND VEHICLES FOR HIRE: (ITEMS 13-15) 13. Briefing and Discussion of Vehicle for Hire/Taxi Ordinance Mayor Martinez deviated from the agenda and referred to Items 13, 14, and 15 regarding transportation network companies (TNC)and vehicle-for-hire. Interim Assistant City Manager Jay Ellington stated that the purpose of this item is to continue the discussions regarding the transportation network companies and taxi cabs. Interim Assistant City Manager Ellington presented three documents to upgrade packets provided to the City Council pertaining to the discovery items and provided a brief overview of the discovery Corpus Christi Page 10 Printed on 5/13/2016 City Council Meeting Minutes May 10,2016 information: a revised TNC discovery spreadsheet;the vehicle-for-hire spreadsheet;the taxi rate comparison; the timeline for the 3D process; responses to City Council's questions from the April 26,2016 Council meeting; responses from Airport Taxi Focus Groups and the Taxi PD Focus Group; responses from the questionnaires from the transportation network companies; and a spreadsheet categorizing the ordinance under reconsideration and the Corpus Christi initiative ordinance. Assistant City Attorney Buck Brice stated that Item 14 is the reconsideration of the second reading of the ordinance to amend Chapter 57 to establish the transportation network companies. The ordinance includes the language from the motion of direction to eliminate fingerprint background checks for both transportation network companies and taxis. The language in the ordinance shown in red has not officially been amended into the ordinance. City Secretary Rebecca Huerta stated that Item 15 is regarding the initiative process and ordinance. The City Charter,through initiative proceedings, allows citizens to propose ordinances to the City Council. If the Council fails to adopt the ordinance in substantial form,then the citizens can submit a valid petition signed by five percent of registered voters within a set timeframe to have the proposition placed on the ballot at the next regular City Council election. City Secretary Huerta explained that a statement of intent to establish a transportation network ordinance was presented to her on April 15,2016. The City Attorney has drafted an ordinance in legal form containing the substance of the initiative, which is now being presented for Council's consideration. The City Council has 45 days from the date of presentment(until June 24,2016)to consider adoption of the ordinance as presented. If the Council fails to take action within the allotted time,the City Secretary must provide petition pages for circulation among the City's registered voters. Per the Charter,the petitioner will have 90 days to gather signatures of at least five percent of registered voters to have the proposition placed on the ballot.Within 20 days, the City Secretary will determine if the required signatures were obtained. If the petition does not contain the required number of signatures,the petitioner has an additional 10 days to supplement signatures,with such supplemental signatures to be verified by the City Secretary within 10 days.While the Charter allows the petitioners 90 days to gather signatures, the statutory deadline to call for the November 8,2016 election is August 22. The petition must be submitted and validated within that timeframe to get the proposition on the ballot. The City Council has three options: 1)Vote in support of the ordinance on first and second reading;2)Vote against the ordinance; or 3) Postpone action on the item. If the Council decides not to take action today, the mayor or five council members may place the item on a future agenda within the next 45 days. If the ordinance is rejected or action is not taken by June 24,2016,the City Secretary will furnish petition pages to the proponents. City Secretary Huerta clarified that the 45 days is required whether the Council rejects or adopts the ordinance. Council members spoke regarding the following topics:the revised TNC spreadsheet corrections to the Austin initiative; the signage and emblem requirements in Austin;the 45-day requirement to provide the petition to the proponents even if the Council takes action;whether the City Council has the authority to waive the 45-day requirement; and review of previous initiative to determine if the City Council has waived the 45 day requirement. Corpus Christi Page 11 Printed on 5/13/2016 City Council Meeting Minutes May 10,2016 Mayor Martinez called for comments from the public.Abel Alonzo, 1701 Thames, asked questions regarding whether vehicle-for-hire companies have the ability to discriminate against the disabled community by refusing to provide reasonable accommodations. Joe Dees spoke in support of fingerprinting background checks and urged the City Council not to pass the ordinance without the fingerprint background check requirement. 14. Second Reading Ordinance with Council-motioned language regarding vehicles for hire Ordinance amending Chapter 57 of the Corpus Christi Code of Ordinances to establish Article VI. - Transportation Network Companies; amending Chapter 57 to remove fingerprint requirements for taxi and vehicle for hire driver's permits and providing for severance, publication, penalty, and effective date. Mayor Martinez referred to Item 14,second reading ordinance with Council-motioned language to establish transportation networks. Council members discussed the following topics:the questionnaire responses from the transportation network companies; the clear distinctions between an effective and ineffective transportation network ordinance that enables a national and international transportation network company to operate in a city; the relationship between the drivers and the transportation network companies, the transportation network companies and the city, and the conflict with the city trying to establish a relationship with the drivers; concerns with including requirements for fingerprinting, medical checks, map tests,vehicle inspections, and revenue-based permitting fees;the initiative ordinance correctly reflecting the relationships necessary to allow national transportation network companies to operate;the importance of vehicle inspections; agreement with law enforcement to require fingerprint background checks; citizens having the option to consider the transportation network companies that will support the requirements;the difference between state inspections and City inspections;safety belt requirements;the reasons for requiring an emblem or trademarking on a vehicle-for-hire; driver inspection fees; the timeframe for the taxi ordinance;the City's right to inspect records;the overregulation of taxi cabs; credit card requirements;third-party providers that conduct fingerprinting; and the initiative ordinance addressing concerns at the airport. Enactment No: 030788 15. Discussion and consideration of an ordinance proposed by citizens through initiative proceedings regarding transportation network companies Ordinance amending Chapter 57 of the Corpus Christi Code of Ordinances to establish Article VI. - Transportation Network Companies; and providing for severance, publication, penalty, and an effective date. Mayor Martinez referred to Item 15. This item was discussed under Items 13 and 14. Mayor Martinez called for public comment from the audience. Leo John Finnegan,922 Military,spoke in support of the fingerprint background check. Corpus Christi Page 12 Printed on 5/13/2016 City Council Meeting Minutes May 10,2016 Council Member Scott made a motion to approve the ordinance,seconded by Council Member McIntyre. This Ordinance failed on first reading and was not approved with the following vote: Aye: 4- Council Member Hunter, Council Member Magill, Council Member McIntyre and Council Member Scott Nay: 5- Mayor Martinez, Council Member Garza, Council Member Rubio, Council Member Rosas and Council Member Vaughn Abstained: 0 14. Second Reading Ordinance with Council-motioned language regarding vehicles for hire Ordinance amending Chapter 57 of the Corpus Christi Code of Ordinances to establish Article VI. - Transportation Network Companies; amending Chapter 57 to remove fingerprint requirements for taxi and vehicle for hire driver's permits and providing for severance, publication, penalty, and effective date. Mayor Martinez returned to the discussion on Item 14. Mayor Martinez made a motion to approve the original ordinance passed on March 8,2016,seconded by Council Member Rubio. This Ordinance was passed on second reading and approved with the following vote: Aye: 5- Mayor Martinez, Council Member Garza, Council Member Rubio, Council Member Rosas and Council Member Vaughn Nay: 4- Council Member Hunter, Council Member Magill, Council Member McIntyre and Council Member Scott Abstained: 0 Enactment No: 030788 PUBLIC HEARINGS: (ITEMS 18 -20) 18. Public Hearing and First Reading Ordinance - Rezoning property located at 4315 Carroll Lane Case No. 0316-05 TG 110 Samuel Place, LP: A change of zoning from the "RS-TF/SP" Two-Family District with a Special Permit to the "RM-1" Multifamily 1 District. The property is described as Carrollton Annex 3, Block C, located on the west side of Carroll Lane between Copus Street and Houston Street. Planning Commission and Staff Recommendation (April 6, 2016): Approval of the change of zoning from the "RS-TF/SP" Two-Family District with a Special Permit to the "RM-1" Multifamily 1 District. Ordinance Corpus Christi Page 13 Printed on 5/13/2016 City Council Meeting Minutes May 10,2016 Ordinance amending the Unified Development Code ("UDC'), upon application by TG 110 Samuel Place, LP on behalf of HCS 310 LLC ("Owner"), by changing the UDC Zoning Map in reference to Carrollton Annex 3, Block C, from the "RS-TF/SP" Two-Family District with a Special Permit to the "RM-1" Multifamily 1 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 18. Interim Director of Development Services Daniel McGinn stated that the purpose of this item to rezone the subject property to allow redevelopment of the existing multifamily apartment complex. 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 public. Mayor Martinez closed the public hearing. In response to a council member, Mr. McGinn stated that the applicant is one of the affordable housing tax credit program projects considered by the City Council and the rezoning was not done prior to applying for the tax credit. Council Member McIntyre made a motion to approve the ordinance,seconded by Council Member Rosas. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 19. Public Hearing and First Reading Ordinance -Amending the Wastewater Collection System Master Plan for Service Area 5 of the Greenwood Wastewater Master Plan. Ordinance amending the Wastewater Collection System Master Plan Greenwood Wastewater Master Plan Service Area, Area 5, an element of the Comprehensive Plan of the City of Corpus Christi, Texas, by adding two lift stations, adjusting lift station basin boundaries, and realigning the proposed wastewater collection lines; amending related elements of the Comprehensive Plan of the City; providing for severance; and providing for publication. Mayor Martinez referred to Item 19. Interim Director of Development Services Dan McGinn stated that the purpose of this item is to amend the Wastewater Collection System Master Plan Greenwood Wastewater Master Plan for Service Area 5. The amendment will increase the number of lift stations by two and allow for a more phased approach for development within the Service Area 5 basin. Mayor Martinez opened the public hearing. There were no comments from the public. Council members thanked Council Member Rubio and former Council Member Priscilla Leal for their work to improve the infrastructure in District 3 Corpus Christi Page 14 Printed on 5/13/2016 City Council Meeting Minutes May 10,2016 and Development Services staff. 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: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 20. Public Hearing and First Reading Ordinance - Revisions to Chapter 14, Article II, Technical Construction Codes Ordinance repealing and reenacting The Code of Ordinances, City of Corpus Christi Chapter 14, Article II, City of Corpus Christi Technical Construction Codes Divisions 1-8: Division 1, "Scope and Administration of Technical Construction Codes," Sections 14-201 thru 14-207. Division 2, "Building Code and Existing Building Code," Sections 14-231 thru 14-232. Division 3, "Electrical Code," Section 14-241. Division 4, "Energy Conservation Code," Section 14-251. Division 5, "Fuel Gas Code," Section 14-261. Division 6, "Mechanical Code," Section 14-271. Division 7, "Plumbing Code," Section 14-281. Division 8, "Residential Code," Section 14-291 Mayor Martinez referred to Item 20. Building Official Gene Delauro stated that the purpose of this item is to amend the Technical Construction Codes and adopt the 2015 International Building Code and 2014 National Electrical Code. There were no comments from the public.A council member asked questions regarding the Energy Conservation Code workshops being held later in the week. Council Member Scott 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: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 P. REGULAR AGENDA: (ITEMS 21 - 22) 21. Second Reading Ordinance - Mid-Year Budget Adjustment (1 st Reading 4/26/16) Ordinance amending current Operating Budget adopted by Ordinance No. 030620 as follows: (a) reduce General Fund revenues $8,000,000 due to decline in sales tax, industrial district agreement payments in Corpus Christi Page 15 Printed on 5/13/2016 City Council Meeting Minutes May 10,2016 lieu of taxes, and municipal court revenues; (b) increase revenues in General Fund and other funds $1,400,000 to rebate funds contributed for Municipal Information Systems, Fleet, and Development Services; (c) transfer$312,765.83 from the General Liability Fund to various funds to rebate property insurance savings; (d) appropriate $500,000 unreserved fund balance in Fleet Services Fund No. 5110 for Fire Department equipment and increase expenditures by $500,000 Mayor Martinez referred to Item 21. Deputy City Manager Margie Rose stated that the purpose of this item is to approve the mid-year budget adjustments. There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Hunter. This Ordinance was passed on second reading and approved with the following vote: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: 030838 22. Second Reading Ordinance -Authorizing the sale of 112 foreclosed properties at a tax foreclosure auction (1st Reading 4/26/16) Ordinance authorizing the sale of 112 properties, as shown on the attached and incorporated "2016 Resale Auction List", at a tax resale auction with opening bids of not less than 20% of the most recent tax appraisal value. Mayor Martinez referred to Item 22. Director of Financial Services Constance Sanchez stated that the purpose of this item to authorize the resale of 112 properties at a public auction,the "Sheriff's Sale",to be on June 4, 2016 on the Nueces County Courthouse steps. City staff is working on the suggestions made at the last Council meeting regarding the infill housing initiatives and will present recommendations at a later date. The City is considering purchasing five properties on the list near Naval Air Station -Corpus Christi as a strategy to prevent incompatible development. Payment for the properties will come from the Texas Military Value Revolving Loan Fund. Council Member Garza abstained from the discussion and vote on this item. Mayor Martinez called for comments from the public. Garrett Dorsey, 14878 Granada,spoke regarding the opportunity to use these lots for affordable housing.Abel Alonzo, 1701 Thames,thanked City staff and City Council for looking for other options for affordable housing. Council Member Hunter made a motion to approve the ordinance, seconded by Council Member Vaughn. This Ordinance was passed on second reading and approved with the following vote: Corpus Christi Page 16 Printed on 5/13/2016 City Council Meeting Minutes May 10,2016 Aye: 8- Mayor Martinez, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 1 - Council Member Garza Enactment No: 030839 Q. FIRST READING ORDINANCES: (ITEMS 23 -31) 23. First Reading Ordinance -Accepting and appropriating grant funds for Emergency Medical Service (EMS) operation Ordinance authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $2,951.62; and appropriating $2,951.62 from the Coastal Bend Regional Advisory Council into the No. 1056 Ambulance Grant Fund to purchase supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department. Mayor Martinez referred to Item 23. Deputy City Manager Margie Rose stated that the purpose of this item is to accept and appropriate a grant in the amount of$2,951.62 from the Coastal Bend Regional Advisory Council for the purchase of supplies to support the delivery of emergency medical services. There were no comments from the Council or the public. Council Member Garza 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 Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member Hunter Abstained: 0 24. First Reading Ordinance -Approving the sale of parkland Ordinance approving the sale of properties as follows and authorizing the City Manager to execute documents necessary to complete each real estate sales transaction: a) Fountain Park (4938 Moody) to Seaside Builders, LLC in amount of $70,000; b) Mt. Vernon Park (5151 McArdle) to Corpus Christi Retail Venture and Corpus Christi Area Council for the Deaf in amount of $1,763,801.90. Mayor Martinez referred to Item 24. City Secretary Huerta announced that Council Member Scott was abstaining from the discussion and vote on this item. Interim Director of Parks and Recreation Stacie Talbert Anaya stated that the purpose of this item is to approve the sale of park properties and authorize Corpus Christi Page 17 Printed on 5/13/2016 City Council Meeting Minutes May 10,2016 the City Manager to execute documents to finalize each real estate sales transaction. The parkland properties include: Fountain Park, 4938 Moody and Mt.Vernon Park, 5151 McArdle. Ms.Anaya stated tha the properties were listed for sale in January 2016 and the Parks and Recreation Department notified adjacent neighbors. There were no comments from the Council or the public. Council Member McIntyre 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: 7- Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Hunter Abstained: 1 - Council Member Scott 25. First Reading Ordinance -Accepting and appropriating funds from a Federal grant for Tuberculosis prevention and control services Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend and appropriate a grant contract for the Tuberculosis Prevention and Control-Federal (TB/PC-FED) grant in the amount of$48,345, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund with a City match of$9,669, from the No. 1020 General Fund, to provide tuberculosis prevention and control services for the contract period January 1, 2016, through December 31, 2016 for a total project cost of$58,104; and ratifying acceptance of the grant agreement to begin January 1, 2016. Mayor Martinez referred to Item 25.Assistant Director of Public Health Bill Uhlarik stated that the purpose of this item is to accept and appropriate a grant contract for the Tuberculosis Prevention and Control Federal grant in the amount of$48,345 for the contract period January 1,2016 through December 31,2016 with a required City match of$9,669. There were no comments from the Council or the public. Council Member McIntyre 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: 7- Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 2- Council Member Hunter and Council Member Scott Abstained: 0 26. First Reading Ordinance -Approving an Interlocal Agreement with RTA and execute an Engineering Design Contract for Ayers Street Corpus Christi Page 18 Printed on 5/13/2016 City Council Meeting Minutes May 10,2016 Pedestrian Improvements and Turn Lane Addition (BOND 2014) Ordinance appropriating $80,000 of anticipated revenues from the Regional Transportation Authority (RTA); changing the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to increase revenues and expenditures by $80,000; Authorizing the City Manager, or designee, to execute an Interlocal Agreement with the RTA; authorizing the City Manager, or designee, to execute an engineering design contract with Lockwood, Andrews and Newnam, Inc. of Corpus Christi, Texas in the amount of$513,625.00 for the Ayers Street Pedestrian Improvements and Turn Lane Addition from S.P.I.D to Gollihar project (Bond 2014 Proposition 2). Mayor Martinez referred to Item 26. Director of Engineering Services Jeff Edmonds stated that the purpose of this item is to execute an engineering design contract for the Ayers Street Pedestrian Improvements and Turn Lane Addition project(Bond 2014, Proposition 2) and the Interlocal Agreement with the Corpus Christi Regional Transportation Authority(RTA)to extend the project limits from Gollihar to Port Avenue to connect new sidewalks to the existing RTA Transfer Station. Mr. Edmonds presented information on the project location and terms of the Interlocal Agreement with the RTA. Mayor Martinez called for comments from the public.Abel Alonzo, 1701 Thames,spoke in support of the City and the RTA working together to address the safety issues in this area. A council member spoke regarding the safety issues and in support of this item. 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: Aye: 7- Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 2- Council Member Hunter and Council Member Scott Abstained: 0 27. First Reading Ordinance -Appropriating funds to execute the Engineering Construction Contract for International Boulevard Improvements (BOND 2012 Proposition 8) Ordinance appropriating and approving a transfer in the amount of $236,810 from the Unreserved Fund Balance in No. 4612 Airport Operating Reserves Fund to and appropriating in Fund 3018 Airport Capital Reserve Fund; changing the FY 2016 Operating Budget adopted by Ordinance No. 030620 to increase expenditures by $236,810; changing the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to increase revenues and expenditures by $236,810 each; and authorizing the City Manager or designee, to execute a Construction contract with Bay, Ltd. of Corpus Christi, Texas Corpus Christi Page 19 Printed on 5/13/2016 City Council Meeting Minutes May 10,2016 in the amount of$1,683,694.35 for the International Boulevard Improvements project for the Base Bid and Additive Alternate No. 1. (BOND 2012 Proposition 8) Mayor Martinez referred to Item 27. Director of Engineering Services Jeff Edmonds stated that the purpose of this item execute a construction contract with Bay, Ltd.for the International Boulevard Improvements Project(Bond 2012, Proposition 8) and obtain authority to appropriate funds from the Airport Operating Revenues for a new overhead sign and the relocation of one of the existing overhead signs. There were no comments from the public. A council member asked questions regarding the following topics:the Bond 2012 Proposition 8 savings from County Road 52;the funding from the Airport Operating Reserves Fund; and the ability to use additional airport funds instead of the savings from Bond 2012 Proposition 8. Council Member Magill 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: 7- Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 2- Council Member Hunter and Council Member Scott Abstained: 0 28. First Reading Ordinance - Prohibiting parking on portions of Mestina Street and Artesian Street and changing from two-way traffic to one-way Ordinance amending the Code of Ordinances, Chapter 53, Section 53-250 Schedule I - One Way Streets and Alleys by changing designated portions of Artesian Street and Mestina Street from a two-way traffic pattern to a one-way traffic pattern and Schedule III - Parking prohibited at all times on certain streets by adding designated portions Artesian Street and Mestina Street. Mayor Martinez referred to Item 28. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to amend the City Code of Ordinances, Section 53-250 by changing designated portions of Artesian Street and Mestina Street from a two-way traffic pattern to a one-way traffic pattern and Section 53-252 by prohibiting parking at all times on portions of Artesian Street and Mestina Street. The amendments will improve operations for the Corpus Christi Regional Transportation Authority and Greyhound bus lines. The Transportation Advisory Commission recommended approval of the proposed amendments at their February 22,2016 and March 25,2016 meetings. There were no comments from the Council or the public. Council Member Magill 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: Corpus Christi Page 20 Printed on 5/13/2016 City Council Meeting Minutes May 10,2016 Aye: 7- Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 2- Council Member Hunter and Council Member Scott Abstained: 0 29. First Reading Ordinance - Interlocal Agreement with RTA and Change Order No. 2 with Bay LTD, for repairs to streets damaged by RTA temporary bus detours Ordinance appropriating $300,000 of anticipated revenues from the Regional Transportation Authority (RTA); changing the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to increase revenues and expenditures by $300,000; authorizing the City Manager, or designee, to execute an Interlocal Agreement with the RTA; authorizing the City Manager, or designee, to execute a change order with Bay, Ltd. of Corpus Christi, Texas in the amount of $358,683.57 for the South Staples Street from Morgan Avenue to IH 37 project. Bond 2012, Proposition 1. Mayor Martinez referred to Item 29. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to appropriate $300,000 from the Corpus Christi Regional Transportation Authority(RTA), execute an interlocal agreement with the RTA, and execute a change order with Bay, Ltd.for the South Staples Street from Morgan Avenue to IH 37 project for repairs to street damaged by RTA temporary bus detours. There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Magill. This Ordinance was passed on first reading and approved with the following vote: Aye: 6- Mayor Martinez, Council Member Garza, Council Member Magill, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 3- Council Member Hunter, Council Member McIntyre and Council Member Scott Abstained: 0 30. First Reading Ordinance -Accepting and appropriating funds for the maintenance of Mirador Outlooks Ordinance accepting $13,000 from the Corpus Christi Business and Job Development Corporation's No. 1120 Seawall Improvement Fund as a match to the City of Corpus Christi's $13,000 appropriation for maintenance of the Miradores in the No. 1020 General Fund; appropriating $13,000 from the unreserved fund balance in the No. 1120 Seawall Improvement Fund; and amending the FY2015-2016 operating budget adopted by Ordinance No. 030620 to increase Corpus Christi Page 21 Printed on 5/13/2016 City Council Meeting Minutes May 10,2016 revenue and expenditures in the No. 1020 General Fund by $13,000 each; and expenditures in the No. 1120 Seawall Improvement Fund by $13,000. Mayor Martinez referred to Item 30. Deputy City Manager Margie Rose stated that the purpose of this item is to accept$13,000 from the Corpus Christi Business and Job Development Corporation as a match to the City's $13,000 appropriation for enhanced maintenance of the Miradores for the remainder of FY2016. There were no comments from the public. Deputy City Manager Rose stated that this funding does not address permanent maintenance funding for the Miradores and will need to be discussed during future budget discussions. Council members spoke regarding the following topics:the possibility of using hotel occupancy tax(HOT)funds for the maintenance of the Miradores;special event permit fees; and inspection of the Miradores maintenance project. Council Member McIntyre 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: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 31. First Reading Ordinance -Appropriating funds to reimburse developer for the shared cost to construct Homedale Drive located south of Purdue, east of Flour Bluff Drive, west of Waldron Road and north of Glenoak Drive. Ordinance appropriating $180.48 of interest earned and approving use of$3,379.80 of interest earnings and $27,703.31 of developer deposits in the No. 4730 Infrastructure Fund to reimburse Esteban R. Alaniz for 'h street construction cost of constructing Homedale Drive. Mayor Martinez referred to Item 31.Assistant Director of Development Services Julio Dimas stated that the purpose of this item is to appropriate interest earned and approving use of the interest earned and developer deposits to reimburse the developer for the shared cost to construct Homedale Drive. Mr. Dimas provided a brief overview of the project. There were no comments from the Council or the public. Council Member McIntyre made a motion to approve the ordinance,seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas and Council Member Scott Absent: 1 - Council Member Vaughn Abstained: 0 Corpus Christi Page 22 Printed on 5/13/2016 City Council Meeting Minutes May 10,2016 R. FUTURE AGENDA ITEMS: (ITEMS 32 - 33) Mayor Martinez referred to Future Agenda Items. City Manager Olson stated that staff had planned presentations on Items 32 and 33. 32. Resolution approving a Developer Participation Agreement to reimburse developer for the City's cost to extend Homedale Drive located south of Purdue, east of Flour Bluff Drive, west of Waldron Road and north of Glenoak Drive. Resolution authorizing the City Manager or designee to execute a developer participation agreement with Esteban R. Alaniz, ("Developer"), to reimburse the Developer up to $38,614.71 for the City's share of the cost to extend Homedale Drive, in accordance with the Unified Development Code. This Resolution was recommended to the consent agenda. 33. Resolution nominating CITGO as a Texas Enterprise Project Resolution nominating CITGO Refining & Chemical Co. L.P. ("CITGO") to the Office of the Governor Economic Development & Tourism ("EDT") through the Economic Development Bank ("Bank") as a single enterprise project pursuant to the Texas Enterprise Zone Act ("Act"). This Resolution was recommended to the consent agenda. S. BRIEFINGS: (ITEM 34) 34. Water Supply (Discovery) - Texas Water Planning Mayor Pro Tem Garza referred to Item 34.Assistant City Manager Mark Van Vleck stated that the purpose of this item is to begin the discussions on the current water management plan. During the discovery process,the Council will be presented information on water demands, current supplies and future supplies. Mr.Van Vleck presented the following information: a review of the 3D process;the presentation schedule; a chart of the local planning demand projections; a review of the water system components;the state water plan; the regional planning process;the Region N Planning Group; the utility bill breakdown; and City Council action on the Water Management Plan, Resolution No. 030200. Council members spoke regarding the following topics: not accounting for a cost on distribution of storm water;the cost for raw water; providing a snapshot in time on the demands and rates;the inclusion of ground water or other alternatives as a strategy in the Water Management Plan; a component of the discussion being a Request For Information (RFI) process; an explanation of the utility bill breakdown;the reason for including Region N components; and water sources added in the last 5 to 10 years. Corpus Christi Page 23 Printed on 5/13/2016 City Council Meeting Minutes May 10,2016 T. ADJOURNMENT The meeting was adourned at 5:52 p.m. Corpus Christi Page 24 Printed on 5/13/2016 SC o� Va. v AGENDA MEMORANDUM NORROPp�EO Future Item for the City Council Meeting of May 10, 2016 1852 Action Item for the City Council Meeting of May 17, 2016 DATE: April 26, 2016 TO: Ronald L. Olson, City Manager FROM: Mike Culbertson, Chief Operating Officer, CCREDC (361) 882-7448 mculbertson@ccredc.com Nominating CITGO Refining & Chemical Co. L.P. as a Texas Enterprise Project CAPTION: Resolution nominating CITGO Refining & Chemical Co. L.P. ("CITGO") to the Office of the Governor Economic Development &Tourism ("EDT") through the Economic Development Bank ("Bank") as a single enterprise project pursuant to the Texas Enterprise Zone Act ("Act"). PURPOSE: The purpose of this item is to nominate CITGO as a single Texas Enterprise Zone project and in order to make them eligible for State sales tax rebates for investments and the creation and retention of jobs. BACKGROUND AND FINDINGS: Under State Law, the Office of the Governor— Economic Development and Tourism Division through the Texas Economic Development Bank administers the Texas Enterprise Zone (TEZ) Program. According to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code, the purpose of the program is to encourage job creation and retention and capital investment in areas of economic distress. The 78th legislature amended the act to increase participation in the program, decrease paperwork and streamline the process. Under the amended act, communities are no longer required to submit an application and fee to create an enterprise zone; designation of an enterprise zone is automatic based on decennial figures. Areas designated as enterprise zones include census block groups with 20% poverty and areas federally designated as Renewal Communities. Previously designated enterprise zones will be designated until their expiration, after which the area would need to meet the 20% poverty guideline. A project seeking designation as a TEZ Project still must seek nomination from the governing body to the Office of the Governor for consideration and designation. Communities participating in the TEZ Program are required to provide incentives to the project in addition to offering nomination for participation in the TEZ Program. At least one of the incentives must be exclusive to the TEZ. A designated project located in the TEZ must agree to retain at least 25% of its employees from the enterprise zone or economically disadvantaged groups and in return will receive a refund of sales and use tax (SUT) paid to the Office of the Comptroller. If the project is located outside the zone, the project must agree to hire at least 35% of its new employees from the enterprise zone or economically distressed groups. The program allows a refund of$2,500 for each job created or retained. • State Law allows each participating community with a population < 250,000 to nominate up to six projects per biennium and communities with a population > 250,000 to nominate up to nine projects per biennium. • This biennium runs from September 1, 2015 to December 1, 2017. • Corpus Christi qualifies for up to nine projects nominations this biennium. • A Double Jumbo Project assumes two of the number of projects allowable and a Triple Jumbo Project assumes three. • The City has not nominated any businesses this biennium. • This nomination will use one of the City's nine nominations of local businesses. The City of Corpus Christi has nominated a number of projects in the past including the Valero, Bay Ltd, M&G Resins, voestalpine, and Flint Hills Resources. To date, the designated TEZ projects have resulted in at least$2 billion in investment in Corpus Christi. This local capital investment represents a significant portion of all of the combined capital investment made in enterprise zones across the state. Over the next five years, CITGO plans to invest in excess of$240 million to upgrade and repair its Corpus Christi Refinery complex, which will allow CITGO to continue to improve its production capacity and operational efficiency, while enforcing its commitment to the environment and safety standards. Planned investments are outlined below: Approximate Focus Expenditure $57,000,000 Regulatory projects to comply with recent EPA Regulations and other health, safety, and environmental regulations. $63,000,000 Maintenance projects to upgrade or repair equipment, tools, facilities, and infrastructure in order to maintain continued operations in a safe and environmentally sound manner. $6,000,000 Strategic projects to improve or increase the overall performance of the Corpus Christi facility. $18,000,000 Safety and risk mitigation projects to manage risks to health, safety, the environment, security, operations, maintenance, and mechanical reliability. $96,000,000 Turnarounds. $240,000,000 Total Planned Investment Construction for investments began in January 2016 and is expected to be complete by June 2021. The project will enable CITGO to retain the existing 546 jobs once the project is complete. This capital investment, as well as the creation and retention of jobs represent the basis for this enterprise project nomination. ALTERNATIVES: Due to State statute no other entity can be the nominating authority. The City can choose not to nominate the company. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This conforms to City policy of promoting economic development, retaining primary jobs to the area, and is regional in scope. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Not applicable Project to Date Fiscal Year: 2015- Expenditures 2016 CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Funds: Comments: This incentive is a rebate of the State's portion of the sales tax and does not affect the City in anyway. RECOMMENDATION: Staff recommends approval of the Resolution to nominate CITGO Refining & Chemical Co. L.P. as a single Texas Enterprise Zone project, as presented. LIST OF SUPPORTING DOCUMENTS: Resolution — CITGO TEZ Page 1 of 3 Resolution nominating CITGO Refining and Chemicals, LP ("CITGO") to the Office of the Governor Economic Development & Tourism ("EDT") through the Economic Development Bank ("Bank") as a single enterprise project pursuant to the Texas Enterprise Zone Act ("Act"). WHEREAS, the City of Corpus Christi ("City") has previously passed on August 26, 2014, Ordinance No. 030260 electing to participate in the Texas Enterprise Zone Program, and the local incentives offered under this Resolution are the same on this date as were outlined in Ordinance No. 030260; WHEREAS, the EDT through the Bank will consider CITGO as an enterprise project pursuant to a nomination and an application made by the City; WHEREAS, the City desires to pursue the creation of the proper economic and social environment in order to induce the investment of private resources in productive business enterprises located in the City and to provide employment to residents of enterprise zones and to other economically disadvantaged individuals; WHEREAS, pursuant to the Act, CITGO has applied to the City for designation as a enterprise project; and WHEREAS, the City finds that CITGO, located at 1802 Nueces Bay Blvd, Corpus Christi, Texas 78407, meets the criteria for designation as an enterprise project under the Act on the following grounds: 1. CITGO is a "qualified business" under Section 2303.402 of the Act since it will be engaged in the active conduct of a trade or business at a qualified business site within the governing body's jurisdiction located outside of an enterprise zone and at least twenty-five percent (25.0%) of the business' new permanent jobs in the enterprise zone will be held by residents of an enterprise zone, economically disadvantaged individuals, or veterans; and 2. CITGO is located in Census Tract 6, Block Group 2, as defined by the most recent federal decennial census available at the time of designation; and 3. There has been and will continue to be a high level of cooperation between public, private, and neighborhood entities within the area; and 4. The designation of CITGO as an enterprise project will contribute significantly to the achievement of the plans of the City for development and revitalization of the area; WHEREAS, the City finds that CITGO meets the criteria for tax relief and other incentives adopted by the City and nominates CITGO for an enterprise project status on the grounds that it will be located at a qualified business site and will create a higher level of employment, economic activity, and stability; and Page 2 of 3 WHEREAS, the City finds that it is in the best interest of the City to nominate CITGO as an enterprise project pursuant to the Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the findings of the City Council and its actions approving this Resolution taken at the council meeting are hereby approved and adopted. SECTION 2. That CITGO is a "qualified business" as defined in Section 2303.402 of the Act and meets the criteria for designation as an enterprise project as set forth in the Act. SECTION 3. That the enterprise project shall take effect on the date of designation of the enterprise project by the EDT and terminate 5 years after the date of designation. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Page 3 of 3 Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn se O �A H v AGENDA MEMORANDUM /NCO@p08f+S EFuture Item for the City Council Meeting of May 10, 2016 1852 Action Item for the City Council Meeting of May 17, 2016 DATE: April 11, 2016 TO: Ronald L. Olson, City Manager FROM: Dan McGinn, AICP CFM, Interim Director, Development Services DanielMc@cctexas.com (361) 826-3595 Approval of a Developer Participation Agreement to reimburse the developer for the City's cost to extend Homedale Drive CAPTION: Resolution authorizing the City Manager or designee to execute a developer participation agreement with Esteban R. Alaniz, ("Developer"), to reimburse the Developer up to $38,614.71 for the City's share of the cost to extend Homedale Drive, in accordance with the Unified Development Code. PURPOSE: Esteban R. Alaniz will extend Homedale Drive for proposed single-family residential subdivision named Homedale Addition Unit 4. The subdivision is located south of Purdue, east of Flour Bluff Drive, west of Waldron Road and north of Glenoak Drive. BACKGROUND AND FINDINGS: Esteban R. Alaniz is developing a single-family residential subdivision named Homedale Addition Unit 4, which is located directly south of Homedale Addition Units 1 & 2. Homedale Addition Unit 4 is located south of Purdue, east of Flour Bluff Drive, west of Waldron Road and north of Glenoak Drive. Homedale Addition Unit 4 will contain 42 single-family residential lots. The Planning Commission approved the plat for Homedale Addition Unit 4 on December 17, 2014. The participation agreement is for the extension of Homedale Drive to Retta Drive. This extension will provide for better connectivity and access for emergency responders. ALTERNATIVES: Denial of the Participation Agreement. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The developer will be extending Homedale Drive for new subdivision as provided in the Unified Development Code. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not Applicable Fiscal Year: 2015- Project to Date Current Year Future Years TOTALS 2016 Expenditures (CIP only) Line Item Budget $750,000.00 $1 ,500,000.00 $750,000.00 $3,000,000.00 Encumbered / 211,249.65 $1 ,391 ,965.52 $224,662.27 $1,827,877.44 Expended Amount This item $38,614.71 $499,302.42 $537,917.13 BALANCE $538,750.35 $69,419.77 $ 26,035.31 $634,205.43 Fund(s): Bond 2012 Comments: RECOMMENDATION: Staff recommends approval of the resolution. LIST OF SUPPORTING DOCUMENTS: Resolution with Agreement Maps RESOLUTION RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A DEVELOPER PARTICIPATION AGREEMENT WITH ESTEBAN R. ALANIZ, ("DEVELOPER"), TO REIMBURSE THE DEVELOPER UP TO $38,614.71 FOR THE CITY'S SHARE OF THE COST TO EXTEND HOMEDALE DRIVE, IN ACCORDANCE WITH THE UNIFIED DEVELOPMENT CODE. WHEREAS, the City has determined the agreement will carry out the purpose of the Unified Development Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a developer participation agreement ("Agreement"), attached hereto, with Esteban R. Alaniz, ("Developer"), for the CITY's portion of the cost of Homedale Drive, including all related appurtenances, for development of Homedale Addition Unit 4 Subdivision, Corpus Christi, Nueces County, Texas. This resolution takes effect upon City Council approval on this the day of , 2016. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Resolution- Esteban R. Alaniz-Homedale Addition Unit 4 Page 1 of 2 Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn Resolution- Esteban R. Alaniz-Homedale Addition Unit 4 Page 2 of 2 PARTICIPATION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This PARTICIPATION AGREEMENT ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipal corporation, acting by and through its City Manager, or his designee, and Esteban R. Alaniz, ("Developer'), a Texas Limited Partnership, acting by and through its general partner. WHEREAS, the Owner owns certain real property located in Corpus Christi, Nueces County, Texas, being 9.970 acres of land out of Lot 29, Section 49, Flour Bluff and Encinal Farm and Garden Tracts (the "Property"), and the Owner desires to develop and plat the Property designated on Exhibit 1 of this Agreement, which exhibit is attached to and incorporated in this Agreement by reference, to be known as Homedale Addition Unit 4 ("Plat"); WHEREAS, as a condition of the Plat, the Owner is required to expand, extend, and construct Homedale Drive for a distance of approximately 272 feet to connect with a Retta Drive as depicted on and in accordance with the improvement requirements (the "Roadway Extension") set forth in Exhibit 2, which exhibit is attached to and incorporated in this Agreement by reference; WHEREAS, it is in the best interests of the City to have the public street infrastructure installed by the Owner in conjunction with the Owner's final Plat; WHEREAS, Chapter 212 of the Local Government Code authorizes a municipality to make a contract with a developer of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; and WHEREAS, this Agreement is made pursuant to the Local Government Code and Article 8, Section 8.4.1, of the Unified Development Code of the City of Corpus Christi. NOW, THEREFORE, in order to provide a coordinated public street construction and improvement project, the City and the Owner agree as follows: A. The parties agree that the language contained in the preamble of this Agreement is substantive in nature, is incorporated into this Agreement by reference, and has been relied on by both parties in entering into and executing this Agreement. B. Subject to the terms of this Agreement, Exhibit 1, and Exhibit 2, the Owner will construct the Roadway Extension for and on behalf of the City in accordance with the plans and specifications approved in advance of construction by the City Engineer on behalf of the City. The parties acknowledge and confirm the total cost estimate for construction of the Roadway Extension, which estimate is attached to and incorporated in this Agreement as Exhibit 3 (the "Cost Estimate"). Subject to the limitations set forth below, the Owner shall pay a portion of the costs of construction of the Roadway Extension. Further, subject to the limitations set forth below, the City shall pay the remaining portion of the costs of construction of the Roadway Extension, designated as the total amount reimbursable by the City on the Cost Estimate. C. Notwithstanding any other provision of this Agreement, the total amount that the City shall pay for the City's agreed share of the actual costs of the Roadway Extension shall not exceed $38,614.71. D. The City shall reimburse the Owner a pro rata portion of the City's agreed costs of the Roadway Extension monthly, based on the percentage of construction completed less the Owner's pro rata portion and contingent upon submission to the City of an invoice for the work performed. The invoices must be paid by the City no later than thirty (30) days following receipt of each monthly invoice. Such reimbursement will be made payable to the Owner at the address shown in section N of this Agreement. E. In accordance with the Texas Local Government Code, the Owner shall execute a performance bond for the construction of the Roadway Extension to ensure completion of the project. The bond must be executed by a corporate surety in accordance with Chapter 2253 of the Texas Government Code. F. The Owner shall submit all required performance bonds and proof of required insurance coverage in accordance with applicable State and local laws as detailed in Exhibit 4. G. Owner shall submit standard construction contract documents to the Executive Director of Public Works for review and approval in advance of beginning any construction of the Roadway Extension. H. Throughout construction, the City shall conduct periodic inspections and either approve the progress of the Roadway Extension or promptly notify the Owner of any defect, deficiency, or other non-approved condition in the progress of the Roadway Extension. I. The Owner shall fully warranty the workmanship and construction of the Roadway Extension for a period of two years from and after the date of acceptance of the improve- ments by the Executive Director of Public Works. J. OWNER COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM INDEMNITEES ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY Esteban R. Alaniz-Homedale Addition Unit 4 vFinal Page 2 of 7 Standard Form Participation Agreement Version 1.0 3.29.16 INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE PLATTING AND CONSTRUCTION OF THE ROADWAY EXTENSION OF HOMEDALE ADDITION UNIT 4 SUBDIVISION DURING THE PERIOD OF CONSTRUCTION, INCLUDING THE INJURY, LOSS, OR DAMAGE CAUSED BY THE CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SURVIVES TERMINATION OF THIS AGREEMENT. K. DEFAULT. The following events shall constitute default: 1. Owner fails to submit plans and specifications for the Roadway Extension to the Executive Director of Public Works in advance of construction. 2. Owner does not reasonably pursue construction of the Roadway Extension under the approved plans and specifications. 3. Owner fails to complete construction of the Roadway Extension, under the approved plans and specifications, on or before the expiration of 24 calendar months measured from the date this document is executed by the City. 4. Either the City or the Owner otherwise fails to comply with its duties or obligations under this Agreement. L. NOTICE AND CURE. 1. In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. Esteban R. Alaniz-Homedale Addition Unit 4 vFinal Page 3 of 7 Standard Form Participation Agreement Version 1.0 3.29.16 2. After delivery of the default notice, the defaulting party has 15 days from the delivery of the default notice ("Cure Period") to cure the default. 3. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. 4. Should the Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Owner, at the address stated in section N, of the need to perform the obligation or duty and, should the Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Owner. 5. In the event of an uncured default by the Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: a. Terminate this Agreement after the required notice and opportunity to cure the default; b. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or c. Perform any obligation or duty of the Owner under this Agreement and charge the cost of such performance to the Owner. The Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Owner receives notice of the cost of performance. In the event the Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. 6. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Owner has all its remedies at law or in equity for such default. M. FORCE MAJEURE. 1. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of a public enemy; insur- rections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. 2. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within 10 days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer Esteban R. Alaniz-Homedale Addition Unit 4 vFinal Page 4 of 7 Standard Form Participation Agreement Version 1.0 3.29.16 period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. N. NOTICES. 1. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: If to the City: If to the Owner: City of Corpus Christi Esteban R. Alaniz Attn: Director, Development Services P.O. Box 639 2406 Leopard Street 178401 Corpus Christi, Texas 78072 P.O. Box 9277178469-9277 Corpus Christi, Texas with a copy to: City of Corpus Christi Attn: Asst. City Manager, Business Support Services 1201 Leopard Street/78401 P. O. Box 9277 /78469-9277 Corpus Christi, Texas 2. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. 3. Either party may change the address for notices by giving notice of the change, in accordance with the provisions of this section, within five business days of the change. O. Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Roadway Extension, contracts for testing services, and contracts with the contractor for the construction of the Roadway Extension must provide that the City is a third party beneficiary of each contract. P. In compliance with City of Corpus Christi Ordinance No. 17112, the Owner agrees to complete the Disclosure of Interests form attached to this Agreement and incorporated by reference as Exhibit 5. Q. This Agreement becomes effective, is binding upon, and inures to the benefit of the City and the Owner from and after the date of the last signatory to this Agreement. This Agreement expires 24 calendar months from the date this document is executed by the City, unless terminated earlier in accordance with the provisions of this Agreement. Such expiration date of this Agreement is presently anticipated, but not currently known, to be May 17, 2018. (EXECUTION PAGES FOLLOWS) Esteban R. Alaniz-Homedale Addition Unit 4 vFinal Page 5 of 7 Standard Form Participation Agreement Version 1.0 3.29.16 EXECUTED in one original this day of , 2016. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Dan McGinn City Secretary Interim Development Services Director THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Rebecca Huerta, City Secretary, for the City of Corpus Christi, Texas, and acknowledged before me on the , day of Notary Public, State Of Texas THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Dan McGinn, Interim Development Services Director, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 2016. Notary Public, State Of Texas APPROVED AS TO FORM: This day of , 2016. As istant City Attorney For the City Attorney Esteban R. Alaniz-Homedale Addition Unit 4 vFinal Page 6 of 7 Standard Form Participation Agreement Version 1.0 3.29.16 OWNER: Esteban R. Alaniz Esteban R. Alaniz Date Individual � KENE a SWNnR STATE OF TEXAS § �Octa�r 51 ,,241Eq � § COUNTY OF NUECES § This instrument was acknowledged before me on �J , 2016, by Esteban R. Alaniz. 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I 14& I a I L0T7 Y (� 1 1391 , q40 J 1 ' I I I ■ -�, esm Sr 1 estic'x I> 730.72 1 OM 1 12711 I x i x399 sr « rc l § J 21 O IPSJUIYN4 Cl7►f1,u351pH am Y i is to a I esm Y + i tm sr I ural I i a3e/Y I S I 1 I 'YIIO.m� I I xi.„..1i I ' , g I q0®Y I 1 '• l 131.72 —yy— I 114, 7214 Sr y ! MS'21'.71 HOW .1, Nxl, e i+� IIa.N , 8 _—-& /V.v 74!/i VfY►G $ ! 11100 1�i jig aR qtMt'71'.ri 13 .,. 1MA si M IO b._ 2Y�R.1 I 2Is 1 W v 1 d _ y a r O sr. 3 ' + g•'` l0 '1 M I 1 NS]Y _ n6D7j Sr• n N!3 Y 17 7 I , ♦ Imes Y �$�!Sr �- ^ 1 6 pp a 1 U 0612 Sr 1 /i I I R • 1 l rrO Kms ' ' 4R.c 111ir -92.J7'2� 17a8'< _TJ97� -10 V.L '111N'-7d Le' L ZGRAPHIC LE s-- rRA:^3PASKI , a� u rear 1��wi a 61MA a � 61M 17 I ' q 11wA. 'At f D.0 su=.,ARRt.1 %%i.,x'910! R R.X.Ct HDMEDAU Am0i0X will 4 SHW 2 tr 7 Exhibit 1 Page 2 of 2 KA HOMES SUBDIVISION ,014 VOL 28 PG 56 WHOLE STREET M.R,N.C.T. 152.13' W 1 HOMEDALE DRIVE as o EXHIBIT SHOWING CITY PARTICIPATION IN CONSTRUCTION OF HOMEDALE DR. EXTENSION INDICATES AREA OF CIN PARTICIPATION y� OF tiff' awww 4r MURRAY BASS, ]R. Boss & Welsh Engineering =VIA--,4-"-.4-- 3054 VI`--,4- "-.4--3054 So. Alameda St I 25677 ,bb No. 13076 Corpus ChriaU. Tx. 78404 N �� w •oaf Sede: 1"-30' Date:1-25-16 {361) 882-5521 {phone) "� r/ANAL E Orowi,q Na 148-ur0ur (351) 882-1265 (fax) Engineering Firm No. 52 Plofxde 1:1 Surveying Firm No. 100027-00 Sheet 1 of I Murray Bass,Jr., P.E., R.P.L.S. BASS WELSH ENGINEERING 3054 S.Alameda St. Email: Murrayjr@aol.com TX Registration No. F-52 361882-5521^' FAX 361882-1265 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi,TX 78466-6397 HOMEDALE ADDITION UNIT 4 01/13/2016 Street and Surface Items 1.2"HMAC TxDOT ITEM 340,TYPE D(1993) 5685 SY $19.35 SY 5110,004.75 2.8"CEMENT STABILIZED SAND 5684 SY $14.28 SY $81,167.52 3.6"X 2'CONCRETE CURB &GUTTER 3795 LF $14.00 LF $53,130.00 4.3'CONCRETE VALLEY GUTTER 284 5F $6.50 SF $1,84600 5.SIDEWALK 15001 SF $4.75 SY $71,254.75 6.EXCAVATION AND GRADING 12035 SY $2.30 SY $27,680.50 7.STREET SIGN 2 EA $500.00 EA $1,000.00 S.STOP-STREET SIGN 4 EA $500.00 EA $2,000.00 9.PAVEMENT REPAIR 72 5Y $27.50 SY $1,980.00 $350,063.52 Water Items 1.6"0900 PVC 1507 LF $21.70 LF $32,701.90 2.6"GATE VALVE 7 EA $1,280 EA $8,960.0D 3.6"90`BEND 6 EA $320.00 EA $1,920.00 4.6"TEE 1 EA $470.00 EA $470.00 S.DOUBLE SERVICE CONNECTION(NEAR) 8 EA $560.00 EA $4,480.00 6.DOUBLE SERVICE CONNECTION(FAR) 13 EA $600.00 EA $7,800.00 7.FIRE HYDRANT ASSEMBLY 2 EA $4,200.00 EA $8,400.00 8.6"x 6"TAPPING SLEEVE AND TAPPING GATE VALVE 2 EA $3,500.00 EA $7,000.00 9 CONNECT TO EXISTING 6"ACP WATER 1 LS $1,000.00 LS $1,DDO.00 $72,731.90 Waste-Water 1.8"SDR 26 PVC 640 LF $32.70 LF $20,928.00 2.10"SDR 26 PVC 640 LF $36.44 LF $23,321.60 3.4'MANHOLE 8 EA $3,500.00 EA $28,000.00 4.SERVICE CONNECTION(NEAR) 24 EA $400.00 EA $9,600.00 5.SERVICE CONNECTION(FAR) 18 EA $500.00 EA $91000.00 6.CONN ECTIONTO EXISTING MANHOLE 1 EA $2,50D.00 EA $2,500.00 7.MANHOLE ADJUSTMENT 1 EA $2,750.00 EA $2,750.00 $96,099.60 Storm 1.24"RCP 154 LF $47.83 LF $7,365.82 2.18"RCP 1,072 LF $42.80 LF $45,881.60 3.12"RCP 59 LF $39.50 LF $2,330.50 4.MANHOLE 6 EA $4,500 00 EA $27,000 DO 5.CURB INLET 7 EA $4,000 00 EA $28,00000 6.EROSION CONTROL 1 LS $2,500 00 LS $2,50000 7.PAVEMENT REPAIR 243 SF $3.00 SF $72900 $113,806.92 Exhibit 3 Page 1 of 3 Murray Bass,Jr., P.E., R.P.L.5. BASS WELSH ENGINEERING 3054 S.Alameda St. Email: Murrayjr@aol.com TX Registration No. F-52 361882-5521—FAX 361882-1265 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi,TX 78466-6397 Additional Roadway 4uantities 1.2"TxDot Item 340,Type D (1993) 416 SY $19.35 SY $8,04960 2.8"Cement Stabilized Sand 565 SY $14 28 SY $8,068.20 3.6"x2'Concrete Curb and Gutter 272 LF $14.00 LF $3,808 00 $19,925.80 Miscellaneous Items 1.TRENCH SAFETY(FOR STORM/WASTE WATER) 115 $6,500.00 LS $6,500.00 2.SEEDING No bid 1 LS 3.REMOVE EXISTING OVERHEAD ELECTRIC No bid 1 LS 4.STORM WATER POLLUTION PREVENTION PLAIN 1 LS $11500.00LS $1,500.00 S.EROSION CONTROL No bid 1 LS 6.GRUBBING(based on$90/hr) 1 L5 $7,500.00 $15,500.00 'Total', $668,127.74 Exclusions: well Pointing,Signage,Sign Posts,Seeding,Removal or Relocating of Overhead Lines,Silt Fence supply and Installation, Sodding,Additional Lot Fill,Testing,Lab Work,Engineering,Lot Surveying,Property corners,Electrical or Transformer Pads,Fences,Relocation or Excavation of any onslte obstructions,Relocation of any Excavation of any utility, Pipes,Cables or Wires,Landscaping,Any additional signage,Striping,Any additional work or materials not included In above description of work to be performed.Changes In the above specifications may be made only upon written agreement,and extra charges will be made.All agreements are contingent upon strikes,accidents or delays beyond our control. dft dMol..'a�r���trCoe. to ............................ . * MURRAy 8ASS . 0 y•............ do JR .. .................L...�,.../ 2$677 OHIO-• , Exhibit 3 Page 2 of 3 Murray Bass it,P E R.P.L.S. BASS WELSH ENGINEERING 2/2542016 Email Murrayjr@aol cam TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi,TX 78466-6397 COST ESTIMATE PUBLIC INFRASTRUCTURE REIMBURSEMENT REQUEST HOMEDALE STREET EXTENSION STREET CONSTRUCTION,HOMEOALE DRIVE 1 6"CONCRETE CURB&GUTTER 272 LF $1400 $3.80800 2 4"X 4'CONCRETE SIDEWALK 1059 SF $475 $5.03025 3 2"HMAC 416 SY $1935 $8.04960 4 8"CEMENT STABILIZED SAND 492 SY $1428 $7.025.76 5 12"pia Storm Sewer 59 LF $3950 $2,330.50 6 EXCAVATION&GRADING 844 SY $230 $1.94120 7 STOPISTREET SIGN 1 EA $50000 $50000 8 TRAFFIC CONTROL 1 LS $5487.00 $5,487.00 SUBTOTAL $34,172.31 REQUESTED REIMBURSEMENT CONSTRUCTION COST $34,172.31 TESTING(2%) $683.45 SURVEYING&ENGINEERING 11% $3,758.95 TOTAL $38,614.71 E OF Ap .*.•.... •:*� MURRAY•BASS•JR.•" � s...................... �...v.., -a= 26677 ;=� �4 •'• $ a•••. oNA•. Exhibit 3 Page 3 of 3 INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all Bodily injury and Property Damage certificates or by policy endorsement(s) Per Occurrence/aggregate COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence 1. Broad Form $2,000,000 Aggregate 2. Premises—Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury S. Professional Liability(if applicable) 9. Underground Hazard (if applicable) 10. Environmental if applicable) BUSINESS AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit 1. Owned 2. Hired&Non-owned 3. Rented & Leased WORKERS' COMPENSATION Which Complies With The Texas Workers' (for paid employees) Compensation Act And Paragraph II Of This Exhibit. EMPLOYER'S LIABILITY $500,000/$500,0001$500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for al! perils. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10)days of the accident. Exhibit 4 Page 1 of 3 H. ADDITIONAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law.The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An"All States endorsement shall be included for Companies not domiciled in Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract,and any extension hereof,at Contractor's sole expense, insurance coverage written on an occurrence basis,by companies authorized and admitted to do business in the State of Texas and with an A.M.Best's rating of no less than A- VII. C. Contractor shall be required to submit replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax# D. Contractor agrees that with respect to the above required insurance,all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers,officials,employees,volunteers,and elected representatives as additional insured by endorsement, or comparable policy language, as respects to operations, completed operations and activities of,or on behalf of,the named insured performed under contract with the City. • The "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers'compensation and employers'IiabiIity policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension. cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required,the City shall have the right to order Contractor to stop work hereunder, and,'or withhold any payment(s) which become due to Contractor hereunder unti I Contractor demonstrates compliance with the requirements hereof. Exhibit 4 Page 2 of 3 G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations and completed operations and activities under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Exhibit 4 Page 3 of 3 City of Corpus Christi,Texas Department of Devciopmcm Services Ci{Ly of P O Box 9277 1 1 Corpus Chnsh.Texas 783699377 _ Corpus Located atG2406Leopard Street t� Christi tcomcr of Leopard St andponAvc) 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: Esteban R.Alaniz STREET: P.O. Box 839 CITY: Corpus Christi Zip: 78072 FIRM is: ❑Corporation ❑Partnership ®Sole Owner ❑Association ❑Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest' constituting 3%or more of the ownership in the above named "firm". Name Job Title and City Department(if known) NIA NIA 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 NIA NIA 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 NIA NIA 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 NIA NIA CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Esteban R.Alaniz Title: Owner (Print) �-QQ Signature of Certifying Person: 05UZ& . Date: 2 2- Cy K DkVPLOPtIENTSVCSSIIARED LAND DEVELOPh1ENTORDLNANCE ADAIINWRATIONAPPLICATION FOMtSFOR.NS AS 1'1ER LEOAL'_913'DISCLOStfRIr OF LWTERESTS STATBIENT1.27 Q VM Exhibit 5 Page 1 of 2 DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, Including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest'. Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. K DEIELOPMENTSVCSSIMARED1AhDDEVELOP\IPNCORDI.NANCEAD%ILNISTRATION APPLICATION FORMS FOR.\ISASPER LEGAL 2012'DISCLOSURE OFINTERESTS STATEMENT! 27 1 DOC Page 2 of 2 Exhibit 5 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1- 4 and 6 if there are interested paries. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested paries. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number. 2016-7569 Date Filed: 02/01/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Esteban Alaniz Corpus Christi, TX United States 2 Name of governmental endty or state agency that is a party tot a condor which the form Is —' being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract. Homedale Addition Unit 4 Street Participation Agreement 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling lntemtediery 5 Check only if there is NO Interested Party. - X 6 AFFIDAVIT AFFIX NOTARY STAMP 1 SEAL ABOVE Sworn to and subscribed before me, by the said I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. J r 1i A Ili w Signature of authorized agent of con, r+ ,nt,E '��� this the - rng business entity i 4,day of -fit 20 J co, to certify which. witness my hand and seal of office. MME NU soma # e 4/4 ll Sc r? fl , My CIMIIMiiin Fag _.iii Signature of officer administering 7,1,1 Printed name of officer administering oath -. , .Iflcer a • n srte • oath Forms Provided by Texas Sthir•_c Cnmmicsinn ,AfLAAJJ ethics State' lx /...1.. "4 11•I WWWWW .US Vicinity Map VICINITY MAP HOMEDALE ADDITION UNIT 4 HOMEDALE ADDITION UNIT 4 Aerial Overview AERIAL OVERVIEW HOMEDALE ADDITION UNIT 4 t N 2 Aerial AERIAL MAP HOMEDALE ADDITION UNIT 4 3 Aerial Proposed Connection AERIAL MAP NOMEDALE ADDITION UNIT 4 AGENDA MEMORANDUM First Reading Ordinance Item for the City Council Meeting of May 10, 2016 Second Reading Ordinance for the City Council Meeting of May 17, 2016 DATE: 4/11/2016 TO: Ronald L. Olson, City Manager FROM: Dan McGinn, AICP CFM, Interim Director of Development Services DanielMc@cctexas.com (361) 826-3895 Appropriating funds to reimburse developer for the shared cost to construct Homedale Drive CAPTION: Ordinance appropriating $180.48 of interest earned and approving use of $3,379.80 of interest earnings and $27,703.31 of developer deposits in the NO. 4730 Infrastructure Fund to reimburse Esteban R. Alaniz for '/2 street construction cost of constructing Homedale Drive. PURPOSE: Approval of Ordinance to reimburse Esteban R. Alaniz for the shared cost to construct Homedale Drive. Homedale Drive will be located south of Purdue, east of Flour Bluff Drive, west of Waldron Road and north of Glenoak Drive. BACKGROUND AND FINDINGS: On October 11, 2005, The City of Corpus Christi (the CITY) accepted $13,056.81 from Diamondhead Development Co., as payment in lieu of Diamondhead Development Co.'s obligation to construct one-half of Homedale Drive and supporting infrastructure as required to develop and plat Homedale Addition Unit 1. On November 8, 2005, The City of Corpus Christi (the CITY) accepted $14,646.50 from Diamondhead Development Co., as payment in lieu of Diamondhead Development Co.'s obligation to construct one-half of Homedale Drive and supporting infrastructure as required to develop and plat Homedale Addition Unit 2. The initial deposit of $13,056.81 from Diamondhead Development Co., has accrued $1,588.51 in interest earnings. The initial deposit of $14,646.50 from Diamondhead Development Co., has accrued $1,791.29 in interest earnings. The ordinance as presented will streamline the required appropriations and transfers of deferment agreement amounts along with interest earned to reimburse Esteban R. Alaniz for his shared cost of constructing Homedale Drive. Esteban R. Alaniz is developing a single- family residential subdivision named Homedale Addition Unit 4, which is located directly south of Homedale Addition Units 1 & 2. Homedale Addition Unit 4 is located south of Purdue, east of Flour Bluff Drive, west of Waldron Road and north of Glenoak Drive. Homedale Addition Unit 4 will contain 42 single-family residential lots. The Planning Commission approved the plat for Homedale Addition Unit 4 on December 17, 2014 and the public improvement plans were approved by the CITY on March 2, 2015. ALTERNATIVES: Denial of Ordinance OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Esteban R. Alaniz will construct Homedale Drive per the deferment agreements. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X No. 4730 Infrastructure Trust Fund Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $31,083.11 $31,083.11 Encumbered / Expended Amount 0.00 0.00 This item $31,083.11 $31,083.11 BALANCE 0.00 0.00 Fund(s): Homedale Addition Units 1 & 2 (263055)— Security $27,703.31, interest $3,379.80 Comments: RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Location Maps Deferment Agreement 1 &2 - Diamondback Development, Co. ORDINANCE APPROPRIATING $180.48 OF INTEREST EARNED AND APPROVING USE OF $3,379.80 OF INTEREST EARNINGS AND $27,703.31 OF DEVELOPER DEPOSITS IN THE NO. 4730 INFRASTRUCTURE FUND TO REIMBURSE ESTEBAN R. ALANIZ FOR 1/2 STREET CONSTRUCTION COST OF CONSTRUCTING HOMEDALE DRIVE. WHEREAS, On October 11, 2005, The City of Corpus Christi (the CITY) accepted $13,056.81 from Diamondhead Development Co., as payment in lieu of Diamondhead Development Co.'s obligation to construct one-half of Homedale Drive and supporting infrastructure as required to develop and plat Homedale Addition Unit 1. WHEREAS, On November 8, 2005, The City of Corpus Christi (the CITY) accepted $14,646.50 from Diamondhead Development Co., as payment in lieu of Diamondhead Development Co.'s obligation to construct one-half of Homedale Drive and supporting infrastructure as required to develop and plat Homedale Addition Unit 2. WHEREAS, The initial deposit of $13,056.81 from Diamondhead Development Co., has accrued $1,588.51 in interest earnings. The initial deposit of $14,646.50 from Diamondhead Development Co., has accrued $1,791.29 in interest earnings. WHEREAS, This ordinance as presented will streamline the required appropriations and transfers of deferment agreement amounts along with interest earned to reimburse Esteban R. Alaniz for his shared cost of constructing Homedale Drive. WHEREAS, Esteban R. Alaniz will construct Homedale Drive, and the public improvements were accepted by the CITY on March 2, 2015. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Interest earnings from Diamondhead Development, Co., of $180.48 are appropriated in No. 4730 Infrastructure Fund. SECTION 2. Security held from Diamondhead Development, Co., is authorized by M2005-351 and M2005-388 in the amount of $27,703.31 and interest earnings of $3,379.80 for the sum of $31,083.11 is approved for reimbursement to Esteban R. Alaniz for 1/2 street construction costs of Homedale Drive from No. 4730 Infrastructure Fund. SECTION 3. Reimbursement to Esteban R. Alaniz in the amount of $31,083.11 is approved from the No. 4730 Infrastructure Fund for the shared cost to construct Homedale Drive. 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Vicinity Map VICINITY MAP HOMEDALE ADDITION UNIT 4 HOMEDALE ADDITION UNIT 4 Aerial Overview AERIAL OVERVIEW HOMEDALE ADDITION UNIT 4 t N 2 Aerial AERIAL MAP HOMEDALE ADDITION UNIT 4 3 Homedale - Street Layout 4 MOMEOPLE 00004ON uIOr z 22 AGREEMENT DEFERMENT5 -SOB . 110.43!3 �109.39' VOL l5 23RNO DEFERMENT AGREEMENT R109�22 oEFERMENfAGRE //////lf v/ ..l , a' SIDEWALK V-OMEDALE DRIVE ` a' SIDEWALK ---, ■1 T Jr � . a O1 I I I I EXISTING IE O n 1F)WEMENT �I 1 III �) iii * 2 ii I III I 1 2 I O d II \15 I I �I € III 1�__ L EXHIBIT SHOWING CITY PARTICIPATION IN CONSTRUCTION OF HOMEDALE DR. PER DEFERMENT AGREEMENT DOCUMENT NUMBERS 2005-508 :___ 005-551 oT rf. INDICATES AREA OF CITY PARTICIPATION SqP Nu00„T 6A5 w, r Bass 54 So. Al Eng neenng %1p 266JJvSt.q }� Job . 1307s Carpus Christi. , 1x0` I Ei . Oofa 1-15-16 (C 61) 06 - 265�N av)) ORAL Orawhp Nw' 1YB-IAYWT 2 Engineering Firm Surveying FAT No. 199027-90 Sheet 1 M 1 Nb. J 4 DEFERMENT AGREEMENT STATE OF TEXAS COUNTY OF NUECES This Agreement is entered into between the City of Corpus Christi, Texas ("City") and Diamondhead Development Co., ("Developer"), and pertains to deferral of the improvements required prior to final approval of Homedale Addition, Unit 1. The plat of Homedale Addition Units 1 and 2 was filed for record with the County Clerk of Nueces County, Texas on October 22, 1954 and is recorded in Volume 17, Page 5, a copy of the recorded plat is attached and incorporated as Exhibit 1. WHEREAS, the Developer is being required by the City of Corpus Christi to defer construction of sidewalks, curbs, gutters and street paving of the remaining unimproved portion of a half street (Homedale Drive) as shown on attached and incorporated as Exhibit 2; and WHEREAS, the Developer is to endorse a cashier check payable to the City of Corpus Christi in the amount of thirteen thousand, fifty six dollars and eighty one cents ($13,056.81), which is 110% of the estimated cost of constructing the required improvements, as shown on the attached costs estimate, which is attached and incorporated as Exhibit 3; with the City of Corpus Christi; and WHEREAS, the Developer will deposit the sum of thirteen thousand, fifty six dollars and eighty one cents ($13,056.81), which is 110% of the estimated cost of constructing the required improvements, as shown on the attached cost estimate, which is attached and incorporated as Exhibit 3, with the City of Corpus Christi; and WHEREAS, the City Attorney and Director of Finance have approved this transaction; and WHEREAS, the Developer has satisfied all other subdivision requirements, park dedications, park dedication deferment agreements, and maintenance agreements and all special covenants have been completed; and NOW. THEREFORE, the City and Developer agree as follows: The City agrees to allow the Developer to defer construction of the required street improvements including curbs, gutters, sidewalks and pavement section along Homedale Street as shown in Exhibit 2 until the City causes said improvements to be constructed as a portion of an overall plan. The Developer agrees to deposit thirteen thousand, fifty six dollars and eighty one cents ($13,056.81), with the City of Corpus Christi, which is 110% of the estimated cost of constructing the required improvements, Exhibit 3 and if the deposit is not made before the City Council meeting on September 27, 2005 this Agreement shall become null and void. 2005-508 10/11/05 M2005-351 Diamondhead Development 1 of 4 3 The principal amount of thirteen thousand, fifty six dollars and eighty one cents ($13,056.81) shall be placed by the City in an interest bearing account and the total sum, both principal and interest, shall be made available to the City of Corpus Christi solely for the construction of the required improvements hereunder Such funds shall not be used for any other purpose whatsoever. The City's Director of Engineering Services, at the Developers expense, shall file for record this Deferment Agreement in the records of Nueces County. 5 The City agrees that the sum of $13,056.81 cash, or 110% of the estimated cost of required improvements as shown in Exhibit 2 has been received by the City, the City's Director of Engineering Services shall issue a "Final letter of Acceptance" for Homedale Addition to the Developer; Diamondhead Development Co. 1618 Cantera Bay Drive Corpus Christi, Texas 78418 6 No party may assign this Deferment Agreement or any rights hereunder with the prior written approval of the other parties. 7 Unless otherwise stated herein, any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery, by fax, or by certified mail, and if given personally, by fax or certified mail, shall be deemed sufficiently given if addressed to the appropriate party at the address noted opposite the signature of such party. Any party may, by notice to the other in accord with the provisions of this paragraph, specify a different address or addressee for notice purposes. 8 This Agreement shall be construed under and in accord with the laws of the State of Texas and all obligations of the parties created hereunder are performable in Nueces County, Texas, and all lawsuits pursuant hereto shall be brought in Nueces County. 9 The Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17113, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached to this Agreements as Exhibit 4. 10, This Agreement shall be executed in triplicate, all original copies of which shall be considered one instrument. When all original copies have been executed by the City, and at least two original copies have been executed by the Developer, this Agreement shall become effective and binding upon and shall inure to the benefits of the parties and their respective heirs, successors and assigns. 2 of 4 EXECUTED in triplicate this _ Z1 day of , 2005. Diamondhead Development Co. ("Developer") 1618 Cantera Bay Drive Corpus Christi, Texas 78418 By: - Freddie R. Seaquist, rtnei For Diamondhead Development Co. And By: Gerardo M. Garcia, Partner For Diamondhead Development Co. STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the.b lit day of + , 2005, by Freddie R. Seaquist, Partner of Sunray Enterprises Inc., a Teas Corporation, on behalf of Diamondhead Development Co. owner and developer of Homedale Addition Phase 1. GUILEEi10 IL MONA MY COMMISSION EXPIRES Mich 9, ZOO STATE OF TEXAS COUNTY OF NUECES NOTARY PUBLIC, STATE OF TEXAS S-1 This instrument was acknowledged before me on the 1 day of , 2005, by Gerardo M. Garcia, Partner of Sunray Enterprises Inc., a Te s Corporation, on behalf of Diamondhead Development Co. owner and developer of Homedale Addition Phase 1. ATTEST: By:ARMANDO CHAPA, City Secretary APPROVED AS TO FORM: This By CITY OF CORPUS CHRISTI ("City") P. O. Box 9277 Corpus Christi, Texas 78469 Telephone: (361) 880-3500 Facsimile: (361) 880-3501 By: day of Joseph Haney Assistant City Attorney For City Attorney THE STATE OF TEXAS § COUNTY OF NUECES § �O E NOE ity Manager i T ii* • tr t.was acknowledged before me on the y day of 2005, by GEORGE K. NOE, City Manager for the CITY OF C • RPUS CHRISTI, a Texas municipal corporation, on behalf of said corporation. , 2005. l� .. AUT COUNCIL _ C,5 r-, GFrI FTAAR.'y ' - NOTARY PUBLIC, STATE OF TEXAS 4 of 4 Connie Parks '.' My Commission Expires irtof .64 November 09. 2007 1 ZISIHX 1 6 7- O/ATt o! 142/0 00(•/00 qe NUECfs IT, MI' ,parr, bythe CnPua/n.•., 2442' •/ i _ _oay S4ATE 0' 7EYA9 COV41Y Of MI£C£5 Zhu * i e1 NC.IIJ4CE /0017/00 91!01 /A i.,eyw"'1 Fie /h J by f / /1 .ks r/ MP iht,' e/ Lr/e•, riff„1„ fir_ "f.3 f 7 Ir J JiJ 22 J '.Ia i I y.4”- 4 ., 4/ .1 •$," l- -1 P4440211 -X £2N-Co1-est .32 4 33 I ' 0'_0105 L/ 4 I. 7 to � 9 76 . ' � 1 6 37 —I�•-; f 52 I3 YI IS' 31 3 : 42 :S, 3 tt+l rRNR� I _4444.-:- € 29' ;r' I 2 '44 4r �'I 2 y A r ��fo ues,7� E,,, DRIVE HOME, DI'.Ults i . n . 0 51 r (1! N11045:• OW ...VW 4i/45/alc (7742!,5• 0 of ' M O',N/t yl£! / / IA l .vn r'4/ r Afe `r dr M + di .tep 7'I r p1'n+r%+R�•..+k ° .�s(7y� /I'. Q1.• �141ar ATE (/ TITTA7 ,'O!7•Y r4/ Or 0(1000.5 116. oo//ALO /1,1760 he hori5 • - 4/E Me p,ds Gai Y 7,lhm the 1� e.e.te /r4Vl,_rI _Ir 10/»'./4 (ln./re /h r had so Mat rickd 43 a ar /he 4 weir,. sant i7 p1e7/ 1! / reels ., b rye-y;ral d pit', a f ti !ha/ ea.-,.+enl/i b r? d 6/ .M dd k.l b P,r tir / •- 4r "when- olr,Ars A I r / _ ap arl Aft re _frr_ f /_3 // h p h•0 fJA L 4'0 J - 1.412 .w. h. -Y er d•,r cal 7 mr.a.,.,,rr„ n. the. /y da,v ele! Mesa -57 ATE OF TEMAS C44/NTY (V NCIEC45 &f. me Na'6Yl A b 44 fre pc - rtetriiihiti / f .4/z y rsrg74I M ../(Ird .k4.d7 that he /a C -r ppo 31 ,.. rml 7M sed 74/am /r.=7erf./nrfr fry tvr,6 / 67.7.'.'1 ,44,41. a,r/..-. :n..- a,hi/n.,. Rrt. 1114/:44 rt''_z2rf/ 57472 OF 7EXIS (0VNTY r5 NUECFS Pe 4/ tielihs. henna,' Iww 1 he /e hwitnnt h^ 2,e -r 1r 7/4 L '2' writer., 'hot ltarrle lutwr errireowkwigra 45 rt, ?hi, ti itarre ,/re 2vr hCs th.www atineh'inw, trin tete roitxretet ',Wed; ,h ', M LLICE, LW aM 2 y e 4/ /., nJ77/ f /d I .art' ' r n, elks 4 M sVhe JMgee1 / ,litrierner, f M k -d wheir, A+Y 1 N t.tai everiogly s•jn"d the r the p fn atd e A+' d lh d1h /n J ... my Nor, and.a! d �lry-e .. �1YJ1,w=. C .- `` M.', /y,. diet.".., LP( 37471 0,15TY Of :VIIECEs I W (N0M[ 0 A I 1ne x r vaxl `reM •'f gee/rd ,skFy drreelim av/ is l u er/d rMrrr 1 COVNTY Thrs Is 1r• f f4/ Thai /',e foregoirag pO( cr ,4,11.104LE 400/7104 2 mn e. .o3h the I f /•.e C Ca./, n Veen C. - e 0'.s c- .r• yet. .h o..- 574 TE OE TEXAS COUNTY O/ 0116555 7h/, feta 9/ o/ 00/ Flat/041f 7100 (10/1s lel pp,o. S 51/ 11e 7eam� •.'d G/.../�49 /',, ,/mon o.44 4h el Cerp,l 0.4.31/ 77,45 M 14,3$.6377 of____+�e.• _1911. N affect' >h/,sd. g_, of ss•, Aa �-7 57.17£ 0, 7E1(AS CCC'NT)' OF .5'VCCES 4Mr., Nervy 7 Cre u7er, Clerk 7f Ile Cour! of Nuere.. Col/ly,7e+as, do herr?, cer7/7y Thal ft* Fore -9,109 p4rl of 1/ 4.4 .031,40' Un// / and2 d.Mi �3. J4 _ ./-9,T4, r0/1h i/s 7.!21/'/740 of w7/yn/4441.r., o- fold f rear d,,myy.,lime M:_.51. , y o/ Oe,S - /916• a/ /1_s?o'r:ork.9,4/ and duly recorded o.ene_, Pelee f64 - A001 r� Citi, 1' h and Seal of flih cerw, Chris 7,:z the ,,.4 d6P: .r;Hsn alro;e l.e 2/ & Ceti�Ol[E11,_gr end ,.a��e.c - J 7' ,r,...._,,:,-...:":,,,...- � 4/73594 r elledr'or Ikoord 1511446 A SUf3OIV/SION of LOT 20 0? SECTION IF "Lova fg£uff a lydao 3or)._A_.M ENC/NAL PA2M 200 CARDEI/ TRACTS— /N 1700 2040025— PP. 0 40(425 -' 1 l q y, .r_. _ .. - (37,1 2 ]•7, I95Y •n/US-CES COWN,c/ TEXAS• ''1 L IV ULi1CiLfE. Ij)4 CO. MRS HEHAY1. �oL'GER SS 1kC1 Eno0n1 ... Sfx,14 E9 Crr.6r.(3Y7^:r/a 144 Teo JM YANOL/U.e ..1.1 ,2 MAe ,,5-N�O24•a S.UN (viezeIU J 7 ' ,;:f co a5 AAY�f.�\. ��v�'IY « u. Lo/lus ..e //A.//1,QC 5 E/ 3- 01)4029 • 5201/ 1. (/Ole¢e) as x.r • ExHLB_IT- A.''s•n" a .. 7, ./n5! •••a. 524•,7 Jon ..o. 9653 EXHIBIT 1 KCL - PLAN .- FvvFox fyws I. ✓� Nv 4 �xnsr e-��rF, o 4 • PROFILE 1. Py2E 0620707: 400 04 #. u. CIAO .110 411175 Af•0 0051. 4 00 90124 POLL K Ler 'CL C06E1 11.4 K 1/2- cap AT 10 B.C. Of 011118 UV 7iW10R ANp 1' 0120 AS 0.C. 4. W.III, 2. 720447E 1A' 100((0 OMR AT MP CE (4491 CROOK. 419UIT-ONO CON, S.14881. S0 -NA 9E rICP [ORO 1((250 811714 80 a 0rr0awm RAPSAT1e CC L MOWED 10 1M 5041 OWCWED 70 B• 1 CURB M SIMM .311: MAX ' KOPEVI 1410.286 P IAYYlaGw.mmow r� 170.5 49.1 .o .9Wr r Be 1151 Inr. 50, 1107(1 600 1B' Be STICOO wuo.s oro sml.Ac87.00 888, V MOWN MW ICI SIREE-', SS I w 0.404. 940.71 8.0090± 10 T_ 11EM�r 9Nrs7Us 1 \ 6 e• _` �p L 160 50[5. 11.0 70010 5,8E01OF f UwW07: S [S27 1 45 5n.0 188f MMSCM.401 07 725 0I SOL .0 1Nf SBC 4'10 07111111 1K 0.440 1K 0411177 1 291 10 nE4 •00 PSI SB0 625 SL 7071611 004 c 001.40 POP1t4610 0� 1" 917949.ofu+ .4 1060L047 ILSE E F81011 51,01.1310 BASE '0100117. 10 15 Sr0. 0600100 0(1110. 11111. 0200 PE 10 4.7:L1 rs Or 00114545 u01511nE. PRWS PORTLAND c7HE ' HI TO mo .« ORCPOwCO COASNOSSNe ST4C.N0'8 845-E. Or .00 85 .8S.w a ,. 0..5 _IT Al SPF.'1`1D.1PAD. Or 0001L µ0060E [ENDO 21El FILWIFIE SW 3 OH 021x08 701-C1H2m rT 1HLIMx 01. . 0.•f S1RR1 011. PRGPOSE0 CURB M0 01(1511 9011 BC 11[ LYE AS 476456 BCOt10' 10 lin' SKI. 5wLL K COR 1457 70RE(T. 1 1191 701102 07 01000N5 110211 4511121 1710 0510 1.w1M11 0yTISj(p%1 WA C BB 4.04 X 046 7 MII� C(70, • NE RPM W 0020 0[1110109 on0C44 40 CW1MON -Kea7: 10 n SCSETIGN 001.0700 0055E EPrA:1 44 *0[1PEW 1.Rb1CM 45 07 D 7(01.00, - Ho 0rr0aum 5.R mHrwWus CtOMixE OR LBW PONS tr CURS YM GUMS SECTION �4� °t`7i"iBWum �a1aa71 BG • a . 719 a 099 8-48 u.00 00m s « NOV: Eo ,, OK 9 ENO Ili PLAN- STANDARD R/C SIDEWALk r - v. P .c Leafs 1 1caPrlEPST EX. • SPAS. sof W 904SIGN 0 0' 01.1Bwrs r NOo c .r { LONGITUDINAL SECTION - R/C SIDEWALK �!/! 1901117 151 Harm. ASPHALT PAwW SN 1/!" AB02 lH O< cum kmuss �L1RWH 001[P*1SF a corm 'VANS 10 >/16- 13 11/08' SECTION THRU R/C STANDARD CITY CURB AND GUTTER EXHIBIT HOMEDALE STREET ,Au: 40 6.{r/.r an .009559E APPROVRO mom AA Tx HALF STREET PLAN HOMEDALE ADDITION (F t YNDS REQUIRED TO COMPI.ETE REQUIRED IMPROVEMENTS TO SOUTHERN HALE HOMEDALE ST) Excavation 6" Curb & Gutter 3 4' R.C. Concrete Walk 4 1 1/2" Hot Mix Asphalt 5 6" Cement Stabilized Base to T Back of Curb 6 Traffic Control Pollution Control * Lump Sum 220 L.F. @ $9.00 880 S.F @ $3.00 293.3 S.Y.@ $5.50 391.1 S.Y.@ $6.50 * Lump Sum * Lump Sum Total Construction Engineering (7.5%) $ 1,844.00 1,980.00 2,640.00 1,613.15 2,542.15 115.20 307.20 $11,041.70 828.13 Total = $11,869.83 Required Additional 10% * Based on Percentage of Overall Lump Sum Bids 1,186.98 Total Required = $13,056.81 EXH1B1T-�3'� 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". FIRM NAME: . G/yM 0/VOHEAD ,DEvPY/ex/ T Co . STREET /6' /g C,9NTE/CA PS 47' LSP. FIRM Is: 1 Corporation ❑ 5. Other ❑ CITY: a ffFei 5 C. N / 7/ ZIP: 78 /g 2. Partnership yir 3. Sole Owner 0 4. Association 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 "Arm". Name Job Title and City Department (if known) NONE 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 /1/o Al 3. State the names of each "board mem 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 A/o NE 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 A/o NE CERTIFICATE I certify that all information provided is, true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: /--/Fe-0./E 5 A p U ST yps or Print) Signature of Certifying Person: Title: P4Rr/vER Date:.., /// 24, /go o sL EXHIBIT 4 DEFERMENT AGREEMENT STATE OF TEXAS COUNTY OF NUECES § This Agreement is entered into between the City of Corpus Christi, Texas ("City") and Diamondhead Development Co.. (`Developer"), and pertains to deferral of the improvements required prior to final approval of Homedale Addition, Unit 2. The plat of Homedale Addition Units 1 and 2 was filed for record with the County Clerk of Nueces County. Texas on October 22, 1954 and is recorded in Volume 17, Page 5, a copy of the recorded plat is attached and incorporated as Exhibit 1. WHEREAS, the Developer is being required by the City of Corpus Christi to defer construction of sidewalks, curbs. gutters and street paving of the remaining unimproved portion of a half street (Homedale Drive) as shown on attached and incorporated as Exhibit 2: and WHEREAS, the Developer is to endorse a cashier check payable to the City of Corpus Christi in the amount of fourteen thousand, six hundred and forty six dollars and fifty cents ($14,646.50), which is 110% of the estimated cost of constructing the required improvements, as shown on the attached costs estimate, which is attached and incorporated as Exhibit 3; with the City of Corpus Christi; and WHEREAS, the Developer will deposit the sum of fourteen thousand, six hundred and forty six dollars and fifty cents ($14,646.50), which is 110% of the estimated cost of constructing the required improvements, as shown on the attached cost estimate, which is attached and incorporated as Exhibit 3, with the City of Corpus Christi; and WHEREAS, the City Attorney and Director of Finance have approved this transaction; and WHEREAS, the Developer has satisfied all other subdivision requirements, park dedications, park dedication deferment agreements, and maintenance agreements and all special covenants have been completed; and NOW, THEREFORE, the City and Developer agree as follows: The City agrees to allow the Developer to defer construction of the required street improvements including curbs, gutters, sidewalks and pavement section along Homedale Street as shown in Exhibit 2 until the City causes said improvements to be constructed as a portion of an overall plan. The Developer agrees to deposit fourteen thousand, six hundred and forty six dollars and fifty cents ($14,646.50), with the City of Corpus Christi, which is 110% of the estimated cost of constructing the required improvements, Exhibit 3 and if the deposit is not made before the City Council meeting on October 25, 2005 this Agreement shall become null and void. 2005-551 11/08/05 M2005-388 Diamondhead Development 1 of 4 The principal amount of fourteen thousand, six hundred and forty six dollars and fifty cents (814,646.50 shall be placed by the City in an interest bearing account anc the total sum. both principal and interest, shall be made available to the City of Corpus Christi solely for the construction of the required improvements hereunder Such funds shall not be used for any other purpose whatsoever. The City's Director of Engineering Services, at the Developers expense, shall file for record this Deferment Agreement in the records of Nueces County. The City agrees that the sum of $14,646.50 cash, or 110% of the estimated cost of required improvements as shown in Exhibit 2 has been received by the City, the City's Director of Engineering Services shall issue a "Final letter of Acceptance" for Homedale Addition to the Developer; Diamondhead Development Co. 1618 Cantera Bay Drive Corpus Christi, Texas 78418 No party may assign this Deferment Agreement or any rights hereunder with the prior written approval of the other parties. Unless otherwise stated herein, any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery, by fax, or by certified mail, and if given personally, by fax or certified mail, shall be deemed sufficiently given if addressed to the appropriate party at the address noted opposite the signature of such party. Any party may, by notice to the other in accord with the provisions of this paragraph, specify a different address or addressee for notice purposes. This Agreement shall be construed under and in accord with the laws of the State of Texas and all obligations of the parties created hereunder are performable in Nueces County, Texas, and all lawsuits pursuant hereto shall be brought in Nueces County. The Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17113; to complete, as part of this Agreement, the Disclosure of Ownership interests form attached to this Agreement as Exhibit 4. This Agreement shall be executed in triplicate, all original copies of which shall be considered one instrument. When all original copies have been executed by the City, and at least two original copies have been executed by the Developer, this Agreement shall become effective and binding upon and shall inure to the benefits of the parties and their respective heirs, successors and assigns. 2 of 4 EXECUTED in triplicate this ZIub day of 1•40I5‘44raez , 2005. Diamondhead Development Co. By Freddie R. Seaquist, Part er For Diamondhead Develo ment Co. And By ("Developer") 1618 Cantera Bay Drive Corpus Christi, Texas 78418 Gerardo M. Garcia, Partner For Diamondhead Development Co. STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the Zyo day of NOVA - 2005, by Freddie R. Seaquist, Partner of Sunray Enterprises Inc., a Texas Corporation, on behalf of Diamondhead Development Co. owner and developer of Homedale Addition Phase 2 NOTARY PUBLIC STAT TE COUNTY OF NUECES TATE OF TEXAS This instrument was acknowledged before me on the Z*+D day of lo'/E- tuleert 2005, by Gerardo M. Garcia, Partner of Sunray Enterprises Inc., a Texas Corporation, on behalf of Diamondhead Development Co. owner and developer of Homedale Addition Phase2. 1 NOTRY PUBLIC, STATE OF TEXAS 3 of 4 N.TTEST: B� ARMANDO CHAPA. '1;ity Secretary CITY OF CORPUS CHRISTI ("City") P. O. Box 9277 Corpus Christi, Texas 78469 Telephone: (361) 880-3500 Facsimile: (361) 880-3501 By: G,2'OhGE NOE City Manager APPROVED AS TO FORM: This _ S day of rl , 2005. Joseph Harkey Assistant City Attorney For City Attorney ��3 � .. All IPIthULL� ar rooNcIL ..�......�L/ THE STATE OF TEXAS § COUNTY OF NUECES § This weir,it was acknowledged before me on the ( day of -,L, 2005. by GEORGE K. NOE, City Manager for the CITY OF CORPUS CHRISTI, a Texas municipal corporation, on behalf of said corporation. NOTARY PUBLIC, STATE OF TEXAS 4 of 4 T lISIHXa 0' �4d Oa �b4? 1 4i f..,,4, " Fa,Ne lay._..._. ewn �-.. ,., � • lec0T%60 Mn/ 1. -f} d OO' 57REf7 —rrr- - 23 aA ti 03 7/ 11, 31 �•. 75 I 70 76 ti • 20 19 11 151 16 15 it 17 e 10 COUNTY Y 73/4.6 LINTY 0a* ht1eC3A Thin pie/ Reared by Ma eLF4a ear.,/.• *Mese eexn/p aka/(h Vn.1 /0., ,2_ day vf.. Sri n�eG /YJd. ojea mare Iran` t1' 7cm'Im coUNlP O• wires 7 > 4te N X7 /0 /' eni by /be D.-eele- of Mil, wsae •55, / e,f, J ey dN' 1 /.ah -tarp„ amu/,; (+1 nrrxr77arr- -sir. HOME-DA.LE Uri1/'s STATL OF 71/A3 /OUNTY Of N11ECE9 iIr'..Y' M�eb. • ' PA,.e.R 61AR5.4 1•••a•,,,. 5 - 3 a' .r firs /.,d ieeeed /a / . M M , 0, .n.leoctr .nn,naa• mo 1, e, - a -d aehr.:fr as PAP" lib N M•yog Pier Ma, Pi freer . n ,, ,a d p obd ... A„- to.,...,-, ": / r+r /M/ dem a iom , Ih r aad .1vld.a 4,4,1)0? Al /h, a 1 .1. M.. v' ,,, A^' w'" ,v 477-1/7114';', 1/c /1ftl/t,r ,,,,(:7,;4- M/ /rl ren t,A fpJ_ V � ,r,d 4//henstir,"-,31,../35.-1"a , i ‘2,',,',',,/0 L �/a 9s a In p , NCD�1f /i aMle !x/ id e,cr:prr rn„ .. 1.L dal �r�j - '" s� r/. perpw< et L /� y / FI .1"f::5,'i' :� Aa,"11,41 X!142. :1)in...":;-, 50012 OF TE3A0 COUNTY Oe ldQICIS 002,115,5, hr.p� er//(y /all am are /!w earn', nl bre N. LOYALO PARRY LUTIU0 an/ /.4,3r, /7A MARIE LUf//00!1;/4, 1M/I f, P.P. .e here hada MJes/a'd Wd !mien/a, thin ecr bperbelr o, RJ..rOALf r -red -.ALM (or^ fled ram u Jan en IM .cenp4Vtai e /, /ha/ r., heel, /e. - a- ,elk p0/ mai/b,cN mrled/. as ,. p IMI afemlat +..ban Ar e* o aun0/. + d leatre A "5. /01 4' /r the ky l rm M.,..n/ doh., L�ar vhh., I I r! o-/0/:_ JI, lila pp.yry fa* aed 174 2' ✓r !y^.n q ,,,02110 e ''''`---.01-.-l"dv ./ /.Sa; 2421/ /A+. p�bl s( AeMfOA a Iy01T/W-Ufa 9 '/ 2 /e made ler /h rvep.,e e( dinnee/ l.,d(&==rar.- rh,, /9a*_ rl f_d•T or__ r��--- Ne,.. ,_',.., ice;., 7'/r-r-',;e.Y-. _-_. STATE OF TEXAS CLYINTY OF 3/77£[[5 / ed .Fhn .Nt,h.11 NY,dAA 4.".? w/fir M,k• &Am, err Mr landee erne abnedle. e, Pee day p.reee• y ygwr 1411 enl d .4 k.33$ Amor,bra! nee /tie prawn. ,rhea. nerve, are ub,eeibr/ lo /A. J rw'^y Nrl1,Tryle IMI ..fie, Marshall h'lrallm a erorko¢e/ /e me Me! 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Mr. Nanny 1. Guy.., Clerk of /he CowN(x Cowl of se s Covn/y,7erae, d0 herely ser/ '!y fen1p1+4 p6/ of /Mev4k Ao icilm 7/211/, 1r,/3 d led, pp+__}}__-. J. _J930, w/lh i/, cerhAre/e or ` dhe03R lar.. was frkd Por,reed if my of!,o` Me._ XI. _dy et_ _Oe!-._ -'4, .l_11.i.i.kbeka/.M end du recorded d, ✓ I. rte_ Age_y2.S` ,3'09'9 •°/;•'" 0^1,,, ,y hood.ed37.! et erf!.re 21017+0, cM0./, 3004, Me A.".‘y. / & 2 ,9P3N0 A SU/30/VISION op 007 70 4. secTioN 17-/Louf2 Atufr E NCI NAL fA2M 4NO GA/50EA/ T?1ICTs - /N ALL 20 4C2ts •n1Ue'1 -e coed iry, Tex4s• JM. YINRLI.J 2140 44.,..4 ns. NAN/cIN- 01.4,ef.R407l,p0.1Cea J O. Y, LRF,R9 44' file.3300/3 Ldr/043 - 0401123• !WIT f. (..lean) EXHIBIT -A1 3' yisifq "..'l F1ledForl Cc" tell c.9 d oma6 0o7 , E. 2449 M0.,'. EHRY E. 4000(6 7EI�1Ciij(��'iLii� 4.40i1. �lI` CO. v.0.,„0... MD �ASSOCIATES now, set, - ? Jv /Tel ~ 0471' /d, s�:,....e+. `.1 — —e uca�r Jn //e. 9659 1! 193' •G'e EXHIBIT 1 r h1 116. 1. PA✓EHEmr . 7A. / i to ILC ti vst. SR T )) / NitfIty7. ' ti/4 COWL. AMU( ,:1Vt..v/f,/7 7 JY Fk I 3 '7 PLAN /IN' 0 toa 1� 0. 2+00 &el P/goP G"4414 cowc• A/44 k em1IP10t 4L'In44. TO 0.66.41.0.404n 160x1ell otAVIV Wel 160t5) �,_ 511efl .LOr 71' se 440(0 I I/4 raL 'o' Pyr ax PP�wL c, „ oateuf 4.7 slava rwm 11 01 01 GJTSP _� I- y y1 10.1.ir1 A IIVR1LMd1M aL 0.W 1111004 .7 p « IO 1gp�6000Li�T or Iia nui C litfN 460660 6.7401 4041y14 4W 416W141. 40 P C040 PR444p4+CL 1 NP 110, 74416e Lnur Pr ! 41^NY I ',17.666.4&16,60 P CaIGINO�t Sa11444 40 WF G! WO Pm WtYN 0 11 43175. TYPICAL STREET SECTION _. 50' ROW MI 4011111.7 GN4' 1PI44 4WLL 1101 IL011e<e6 665 IPe1m110 041c0Yw1104 07/Ne 1*—Rw0 7. uPTr':1. �W4 aQT"`�� 141040OMB OM rl"m m NMI 161 CCROU AWE I�et1� -—,--- It ,q,vPXaX • EX/57. CiiPOc/NO -- S 0. Zih .5 o, .0%, — '- PROFILE WAY.. IA! szia baR1U . +'mae.7[et07'ateun- T'. r104nt t/1' TOOUO 4a 01 1d M 1/04 01001[. .641,0.7 40444. M .0 1.41 e[ no 10 call 4(4491 ,10? 40.4 01/044140 406 11 ir K 14+1 me. PWI !Wain 10 1' 47 CUM N 4444116 00.1 [Mem sM 401,06.60 moue 04 LO. 4.704 OP NM no mina MIN 164414121/116 Wee 4.17 a 1wuris• mins e(lii+, 1n1p1Ix WITS- mom 14 104' 41 4/41' 1 SECTION THRU R/C STANDARD CITY CURB AND GUTTER IYs ' I -n' 1/.' PLOIu00 [VaHfg1 ..7Yr1s 4u 1, .T. 1 750. 4 7160044 SILLL 6444 11' La.O. aR ae I4 ) ILLI YV0040 PLAN— STANDARD R/C SIDEWALK P� I \Jr 10.0 LOGESConn1 17604t1� I ` LP' LONGITUDINAL SECTION. — R/C SIDEWALK EXI.IBIT'IIBf1 HOMEDALE STREET s.WPdN J• 000*O HALF STREET PLAN 4004.4.4"644,60 HOMEDALE ADDITION PHASE -2 NI" RIX)! [FRl?I7 t O COMM TE REQI RFD IMPROVEMENTS TO SO1JTHERN HALF HOMEDALE ST. 1 Excavation 2 6" Curb & Gutter 3 4' R.C. Concrete Walk 4 1 l `2" Hot Mix Asphalt 5 6" Cement Stabilized Base to 2' Back of Curb 6 Traffic Control 7 Pollution Contral * Lump Sum 220 L.F. @ $7 50 880 S.F. @. 3.30 293.3 S_Y.@ 6 30 .391 E S.Y.C. 7.50 * Lump Sum * Lump Sum Total Construction Engineering (7.5%) $ 2,582.00 1,650 00 2,904.00 1,848:00 2,933.00 85.00 384.00 $12,386.00 929.00 Total $13,315.00 Required Additional 10% $ 1,331.50 * Based on Percentage of Overall Lump Sum Bids Total $14,646.50 EXHBIT-3 1Aj CITY OF CORPUS CHRISTI 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". FIRM NAME: D/AA 0A/01/EAA Deve6 opME,4/T Co . STREET: /la /g 64/176X4 r QR. FIRM is: Corporation 5 Other 0 CRY: GOA' U5 c,4'iP/ST/ ZIP: 75 L/P 2. Partnership 131 3. Sole Owner 0 4. Association 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) /Va A/6- 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 C9ERAR4=740 M. C 4A'G/R 6. /77" UA/Gi4M,4,V AT Z4 GE" 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 A/0 Are 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 No "V CERTIFICATE I certify that all information provided is, true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: F/Y2Ez212/E 5E-44) . / 5T Title: P4fi7A/e e (Type or Print) Signature of Certifying Person: ^- -��.R, i " Date: / //O ./0.0.5. EXHIBIT -4 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of May 10, 2016 Second Reading for the City Council Meeting of May 17, 2016 DATE: April 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 7442 Wooldridge Road CAPTION: Case No. 0316-02 Alex Azali: A change of zoning from the "RM -1" Multifamily 1 District to the "RM -2" Multifamily 2 District. The property is described as being a 13.814 acre tract of land out of a portion of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located along the north side of Wooldridge Road between Bevo Drive and Gold Star Drive. PURPOSE: The purpose of this item is to rezone the property to allow for the development of a 360 - unit multifamily project. *RECOMMENDATIONS: Planning Commission and Staff Recommendations: Denial of the change of zoning from the "RM -1" Multifamily 1 District to the "RM -2" Multifamily 2 District and, in lieu thereof, approval of the change of zoning to the "RM- 1/SP" Multifamily 1 District with a Special Permit, subject to the following conditions: 1. Uses: All uses allowed in the "RM -1" Multifamily 1 District. 2. Density: The maximum density shall be 26.51 units per acre. 3. Height: The maximum height of any structure shall not exceed 3 stories or 45 feet, whichever is most restrictive. 4. *Balconies: No balcony shall face adjacent single-family development. [Regarding Condition #4, Staff originally proposed the following: "No balcony on the most northern buildings shall face adjacent single-family development." The Planning Commission modified the Staff Recommendation and recommended that Condition #4 not allow balconies on any building facing adjacent single-family development.] 5. Lighting: All lighting shall be shielded and meet all requirements of the UDC. Lighting may not exceed 15 feet in height in the parking area where north and east property lines are abutting single-family development. 6. Solid Waste Containers: No solid waste container shall be installed within 50 feet of the property lines adjacent to single-family development. 7. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, and Building and Fire Code Requirements. 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. Vote Results For: 6 Against: 1 Absent: 1 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RM - 1" Multifamily 1 District to the "RM -2" Multifamily 2 District in order to develop a multifamily project with approximately 360 units. The density proposed is 26 units per acre, which is more than the "RM -1" Multifamily 1 District allows but less than the "RM - 2" Multifamily 2 District allows. The proposed rezoning to the "RM -2" Multifamily 2 District is not consistent with the adopted Future Land Use Map's designation of the property as medium density residential nor is it consistent with the Southside ADP. It is staff's opinion that the proposed rezoning, without appropriate design considerations, may negatively impact the surrounding residential properties, therefore, an increase in density is best considered via a Special Permit. The use is consistent with the Comprehensive Plan (albeit a modest increase in density), and taking into account the proposed Special Permit conditions, the use is compatible with surrounding uses. The property being rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment and does not substantially adversely affect adjacent uses. The applicant is agreeable with the Staff Recommendation. The applicant takes issue with the Planning Commission's change to Condition #4; therefore, he is opposed to the Planning Commission's Recommendation. The applicant requests that balconies on the northern most buildings rather than on all buildings be prohibited from facing single-family development. ALTERNATIVES: 1. Approve Staff's Recommendation ("RM-1/SP") 2. Approve Planning Commission's Recommendation ("RM-1/SP" with the modified Condition #4) 3. Approve the original request to "RM -2" Multifamily 2 District (requires 3/4 vote). 4. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan and is not consistent with the adopted Future Land Use Plan, which slates the property for medium density residential uses. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance — Planning Commission's Recommendation Ordinance — Staff Recommendation Ordinance — RM -2 (Original Request) Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Alex Azali on behalf of Dorsal Development, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 13.814 acre tract of land out of a portion of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, from the "RM -1" Multifamily 1 District to the "RM-1/SP" Multifamily 1 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 Alex Azali on behalf of Dorsal Development, 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, April 6, 2016, during a meeting of the Planning Commission when the Planning Commission recommended denial of the requested "RM -2" Multifamily 2 District and, in lieu thereof, approval of the change of zoning from the "RM -1" Multifamily 1 District to the "RM-1/SP" Multifamily 1 District with a Special Permit with a modification to the Special Permit conditions to prohibit balconies on any building from facing adjacent single-family development, and on Tuesday, May 10, 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 by Alex Azali on behalf of Dorsal Development, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 13.814 acre tract of land out of a portion of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located along the north side of Wooldridge Road between Bevo Drive and Gold Star Drive (the "Property"), from the "RM -1" Multifamily 1 District to the "RM-1/SP" Multifamily 1 District with a Special Permit (Zoning Map No. 040032), as shown in Exhibits "A" and "B." Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds description, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner meeting the following conditions: 1. Uses: All uses allowed in the "RM -1" Multifamily 1 District. 2. Density: The maximum density shall be 26.51 units per acre. 3. Height: The maximum height of any structure shall not exceed 3 stories or 45 feet, whichever is most restrictive. 4. Balconies: No balcony shall face adjacent single-family development. 5. Lighting: All lighting shall be shielded and meet all requirements of the UDC. Lighting may not exceed 15 feet in height in the parking area where north and east property lines are abutting single-family development. 6. Solid Waste Containers: No solid waste container shall be installed within 50 feet of the property lines adjacent to single-family development. 7. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, and Building and Fire Code Requirements. 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. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. 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. Page 2 of 3 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance_Special Permit -PC Recommendation Page 3 of 3 MURRAY BASS, IR., P.E.,RP.L.S. .3054 5. ALAMEDA, ZIP 78404 NIXON M. WELSH, P.E,RP.L.S 36t 882-5521— FAX 361 882-1265 www.bass-wolsh,com e-mail: murravir9aol.com e -mall: pixmwW ael.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 December 14, 2015 STATE OF TEXAS § COUNTY OF NUECES § Description of an 13.814 acre tract of land, more or less, a portion of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume "A", Pages 41 — 43, Map Records, Nueces County, Texas, said 13.814 acre tract as further described by metes and bounds as follows: BEGINNING at the westernmost corner of Morningstar Estates Unit 3, a map of which is recorded in. Volume 67, Pages 329 and 330, said map records, said beginning point for the northernmost corner of the tract herein described; THENCE along the a west central boundary line of said Morningstar Estates Unit 3 S61°22'51"E 375.10' to a point for the northernmost cast corner of the tract herein described and southernmost corner of Lot 26, Block 5, said. Morningstar Estates Unit 3; THENCE along a southwest boundary line of said Morningstar Estates Unit 3 S28°46'49"W 324.95' to a point for central interior corner of the tract herein described and westernmost corner of Lot 18, said Block 5, Morningstar Estates Unit 3; THENCE along a southwest boundary line of said Morningstar Estates Unit 3 and along a west central boundary line of Morningstar Estates Unit 2, a map of which is recorded in Volume 66, Pages 75 and 76, said map records, 561'22'51"E 400.00' to a point for the northwest corner of Lot 11, Block 5, said Morningstar Estates Unit 2 and easternmost corner of the tract herein described; THENCE along a southwest boundary line of said Morningstar Estates Unit 2 528°3709"W 618.57' to a paint for the southernmost comer of the tract herein described and northeasterly rigid -of -way corner of Wooldridge Road; THENCE along the northeast right-of-way line of said Wooldridge Road, being along a line 36.75' northeast of and parallel to the centerline of said Wooldridge Road, N61°21'24"W 776.84' to a point for the westernmost corner of the tract herein described in the southeast boundary line of The Forum Mall, Block 1, Lot 2R, a map of which is recorded in Volume 53, Page 115, said map records; THENCE N28946'49"E 943.19' along said southeast boundary line of The Forum Mall, Block 1, Lot 2R and along the southeast boundary line of George Estates, a map of which is recorded in Volume 68, Pages 456 and 457, said map records, to the POINT OF BEGINNING, a sketch showing said 13.814 acre tract being attached hereto as Exhibit `B". Nixon M. Welsh, R.P.LS. EXHIBIT "A" Page 1 of 1 a-� ry D� 0 AI C 1 ■ 4 ~�z1- $ <14 ))TI04, IjR PROPOSED 13F fit '\ ,. - TRACT, 13.814 AC! , a di; FII & EF I GT, �• � SECT/ 7 b to ge vr as- -,4' pi h tryN C �Ct- r'2 th // ZQ . , /N`' S ti 0 fib• fir 0 100' 200' 4 400' ■ • ■ EXHIBIT "B" SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION 1--200' SCALD 1'= 200' BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, IX ENGINEERING REG. NO. F-52, FILE: US -ZONING. JOB NO. 15054, SCAM: 1" - 200' PLOT SCALE: SAME, PLOT DATE: 12/14/15, SHEET 1 OF 1 Ordinance amending the Unified Development Code ("UDC"), upon application by Alex Azali on behalf of Dorsal Development, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 13.814 acre tract of land out of a portion of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, from the "RM -1" Multifamily 1 District to the "RM-1/SP" Multifamily 1 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 Alex Azali on behalf of Dorsal Development, 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, April 6, 2016, during a meeting of the Planning Commission when the Planning Commission recommended denial of the requested "RM -2" Multifamily 2 District and, in lieu thereof, approval of the change of zoning from the "RM -1" Multifamily 1 District to the "RM-1/SP" Multifamily 1 District with a Special Permit with a modification to the Special Permit conditions to prohibit balconies on any building from facing adjacent single-family development, and on Tuesday, May 10, 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 by Alex Azali on behalf of Dorsal Development, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 13.814 acre tract of land out of a portion of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located along the north side of Wooldridge Road between Bevo Drive and Gold Star Drive (the "Property"), from the "RM -1" Multifamily 1 District to the "RM-1/SP" Multifamily 1 District with a Special Permit in accordance with the Staff Recommendation (Zoning Map No. 040032), as shown in Exhibits "A" and "B." Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds description, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner meeting the following conditions: 1. Uses: All uses allowed in the "RM -1" Multifamily 1 District. 2. Density: The maximum density shall be 26.51 units per acre. 3. Height: The maximum height of any structure shall not exceed 3 stories or 45 feet, whichever is most restrictive. 4. Balconies: No balcony on the most northern buildings shall face adjacent single- family development. 5. Lighting: All lighting shall be shielded and meet all requirements of the UDC. Lighting may not exceed 15 feet in height in the parking area where north and east property lines are abutting single-family development. 6. Solid Waste Containers: No solid waste container shall be installed within 50 feet of the property lines adjacent to single-family development. 7. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, and Building and Fire Code Requirements. 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. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. 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. Page 2 of 3 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance_Special Permit -Staff Recommendation Page 3 of 3 MURRAY BASS, IR., P.E.,RP.L.S. .3054 5. ALAMEDA, ZIP 78404 NIXON M. WELSH, P.E,RP.L.S 36t 882-5521— FAX 361 882-1265 www.bass-wolsh,com e-mail: murravir9aol.com e -mall: pixmwW ael.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 December 14, 2015 STATE OF TEXAS § COUNTY OF NUECES § Description of an 13.814 acre tract of land, more or less, a portion of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume "A", Pages 41 — 43, Map Records, Nueces County, Texas, said 13.814 acre tract as further described by metes and bounds as follows: BEGINNING at the westernmost corner of Morningstar Estates Unit 3, a map of which is recorded in. Volume 67, Pages 329 and 330, said map records, said beginning point for the northernmost corner of the tract herein described; THENCE along the a west central boundary line of said Morningstar Estates Unit 3 S61°22'51"E 375.10' to a point for the northernmost cast corner of the tract herein described and southernmost corner of Lot 26, Block 5, said. Morningstar Estates Unit 3; THENCE along a southwest boundary line of said Morningstar Estates Unit 3 S28°46'49"W 324.95' to a point for central interior corner of the tract herein described and westernmost corner of Lot 18, said Block 5, Morningstar Estates Unit 3; THENCE along a southwest boundary line of said Morningstar Estates Unit 3 and along a west central boundary line of Morningstar Estates Unit 2, a map of which is recorded in Volume 66, Pages 75 and 76, said map records, 561'22'51"E 400.00' to a point for the northwest corner of Lot 11, Block 5, said Morningstar Estates Unit 2 and easternmost corner of the tract herein described; THENCE along a southwest boundary line of said Morningstar Estates Unit 2 528°3709"W 618.57' to a paint for the southernmost comer of the tract herein described and northeasterly rigid -of -way corner of Wooldridge Road; THENCE along the northeast right-of-way line of said Wooldridge Road, being along a line 36.75' northeast of and parallel to the centerline of said Wooldridge Road, N61°21'24"W 776.84' to a point for the westernmost corner of the tract herein described in the southeast boundary line of The Forum Mall, Block 1, Lot 2R, a map of which is recorded in Volume 53, Page 115, said map records; THENCE N28946'49"E 943.19' along said southeast boundary line of The Forum Mall, Block 1, Lot 2R and along the southeast boundary line of George Estates, a map of which is recorded in Volume 68, Pages 456 and 457, said map records, to the POINT OF BEGINNING, a sketch showing said 13.814 acre tract being attached hereto as Exhibit `B". Nixon M. Welsh, R.P.LS. EXHIBIT "A" Page 1 of 1 a-� ry D� 0 AI C 1 ■ 4 ~�z1- $ <14 ))TI04, IjR PROPOSED 13F fit '\ ,. - TRACT, 13.814 AC! , a di; FII & EF I GT, �• � SECT/ 7 b to ge vr as- -,4' pi h tryN C �Ct- r'2 th // ZQ . , /N`' S ti 0 fib• fir 0 100' 200' 4 400' ■ • ■ EXHIBIT "B" SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION 1--200' SCALD 1'= 200' BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, IX ENGINEERING REG. NO. F-52, FILE: US -ZONING. JOB NO. 15054, SCAM: 1" - 200' PLOT SCALE: SAME, PLOT DATE: 12/14/15, SHEET 1 OF 1 Aerial Overview Aerial -11 J_ II 1 I II III II I II I I II 1111 II I II I 111111 1111111 1 II II III 11 1 I _LII 1 II 1111111 111111 1111111 111111 III III 111111 II III L '1T r T-1 F 111 _11111 -1-- L -L rm 111111 14.11-11 "1H H 1111111"11 I ) 1 1 II -II III ,,-1,11 1 11J -1H H 111 L - J J Ifln - H :‘<7 ' 1 1 r - -L -L _ - _JII 111111 III 111,1-11111 11 HI Ht'' TI I, 111111 1111111 111.'1-'11 1111111 111111 1- ' i1,11.J.1,11.gr11121)11°- PLANNING COMMISSION FINAL REPORT Case No. 0316-02 HTE No. 16-10000003 Planning Commission Hearing Date: April 6, 2016 Applicant & Legal Description Applicant/Owner: Alex Azali/Dorsal Development, LLC Legal Description/Location: Being a 13.814 acre tract of land out of a portion of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located along the north side of Wooldridge Road between Bevo Drive and Gold Star Drive. Zoning Request From: "RM -1" Multifamily 1 District To: "RM -2" Multifamily 2 District Area: 13.814 acres Purpose of Request: To allow for the development of a 360 -unit multifamily project. Existing Zoning and Land Uses Existing Zoning District ExistU eland Future Land Use Site "RM -1" Multifamily 1 Vacant Medium Density Residential North "RS -4.5" Single -Family 4.5 Low Density Residential Low Density Residential South "RS -6" Single -Family 6 Low Density Residential Low Density Residential East "RS -4.5" Single -Family 4.5 Low Density Residential Low Density Residential West "RS -4.5" Single -Family 4.5 and "RM -3" Multi- family 3 Vacant Low and Medium Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for medium density residential uses of up to 22 units per acre. The proposed rezoning to the "RM -2" Multi -family 2 District which allows 30 units per acre is not consistent with the adopted Future Land Use Map because of the proposed increase in density. Map No.: 040032 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 775 feet of street frontage along Wooldridge Road, which is designated as a proposed A2 Secondary Arterial Divided street. Planning Commission Final Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Wooldridge Road "A2" Secondary Arterial Divided 100' ROW 54' paved 66' ROW 35' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RM -1" Multifamily 1 District to the "RM -2" Multifamily 2 District which would allow an increase in density from 22 units per acre to 30 units per acre. Development Plan: The applicant requests a rezoning to develop a multifamily project with approximately 360 units. The proposed density is 26.51 units per acre. A site development plan was submitted for review and is attached hereto. Existing Land Uses & Zoning: The subject property is zoned "RM -1" Multifamily 1 and is vacant. North and east of the subject property is zoned "RS -4.5" Single -Family 4.5 and consists of low density residential neighborhoods. To the south is zoned "RS -6" Single -Family 6 and also consists of a low density neighborhood. To the west of the subject property is a developing low-density residential neighborhood in the "RS -4.5" Single -Family 4.5 district and, an assisted living facility in a "RM -3" Multifamily 3 district. 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 not platted. Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "RM -2" Multifamily 2 District is not consistent with the adopted Future Land Use Map's designation of the property as medium density residential nor is it consistent with the Southside ADP. Additionally, the following policy statements are applicable to this application and warrant consideration. - Comprehensive Plan Residential Policy Statement G: Design considerations for the proposed development should consider proximity to the adjacent single- family residential or low-density residential by limiting building height, providing screening fences or landscaping, building setbacks and other techniques to create an appropriate transition. - Comprehensive Plan General Policy Statement D: New development should occur in a pattern which is cost effective. The City should encourage new development where services can be provided economically and, wherever possible, promote contiguous development. Planning Commission Final Report Page 3 - Comprehensive Plan Residential Policy Statement H: Encouraging infill development on vacant tracts within developed areas. - Comprehensive Plan Land Use Policy Statement F: The density of development in an area should be directly related to the design capacity of the infrastructure. - Comprehensive Plan Residential Policy Statement A: Each neighborhood of the City shall be protected and/or improved so as to be a desirable and attractive residential environment. - Comprehensive Plan Residential Policy Statement E: High density residential development (more than 21 units per acre should be located with direct access to arterials. - Southside Area Development Plan Policy Statement B.1: Providing for a compatible configuration of activities with emphasis on accommodation of existing zoning patterns and the protection of low-density residential activities from incompatible activities. Department Comments: • The proposed rezoning to "RM -2" Multifamily 2 District is not consistent with the Comprehensive Plan Future Land Use Map which designates the property as medium density residential. • The "RM -1" Multifamily 1 District permits a density of 22 units per acre while the "RM -2" Multifamily 2 District permits a density of 30 units per acre. • The density proposed is 26 units per acre which is more than the "RM -1" Multifamily 1 District allows, but less than the "RM -2" Multifamily 2 District allows. • The existing zoning designation of "RM -1" was approved in the late 70's or early 80's and might be evaluated differently today given development patterns in the area. • The site plan submitted for review has been analyzed to determine the potential impact of the increase in density, especially with regards to building height and setbacks from existing single-family uses. • It is staff's opinion that the proposed rezoning, without appropriate design considerations, may negatively impact the surrounding residential properties, therefore, an increase in density is best considered via a Special Permit. Zone Map Amendment and Special Permit Review Criteria: The Zone Map Amendment Review Criteria set forth in UDC Section 3.3.5 and the Special Permit Review Criteria set forth in UDC Section 3.6.3 B have been reviewed and Staff finds the rezoning to be largely in accordance with said criteria. Applicable criteria includes the following: Planning Commission Final Report Page 4 • The use is consistent with the Comprehensive Plan (albeit a modest increase in density) • Taking into account the proposed Special Permit conditions, the use is compatible with surrounding uses. • The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment. • The use does not substantially adversely affect adjacent uses. • The use does conform in all other respect to regulations and standards in the UDC. • The development provides ample off-street parking. Planning Commission and Staff Recommendations: Denial of the change of zoning from the "RM -1" Multifamily 1 District to the "RM -2" Multifamily 2 District and, in lieu thereof, approval of the change of zoning to the "RM- 1/SP" Multifamily 1 District with a Special Permit, subject to the following conditions: 1. Uses: All uses allowed in the "RM -1" Multifamily 1 District. 2. Density: The maximum density shall be 26.51 units per acre. 3 Height: The maximum height of any structure shall not exceed 3 stories or 45 feet, whichever is most restrictive. 4. *Balconies: No balcony shall face adjacent single-family development. [Regarding Condition #4, Staff originally proposed the following: "No balcony on the most northern buildings shall face adjacent single-family development." The Planning Commission modified the Staff Recommendation and recommended that Condition #4 not allow balconies on any building facing adjacent single-family development.] 5. Lighting: All lighting shall be shielded and meet all requirements of the UDC. Lighting may not exceed 15 feet in height in the parking area where north and east property lines are abutting single-family development. 6. Solid Waste Containers: No solid waste container shall be installed within 50 feet of the property lines adjacent to single-family development. 7. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, and Building and Fire Code Requirements. 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. Vote Results For: 6 Against: 1 Absent: 1 Planning Commission Final Report Page 5 Public Notification Number of Notices Mailed — 108 within 200 -foot notification area 2 outside notification area As of April 19, 2016: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 3 inside notification area — 0 outside notification area Totaling 1.54% 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\0316-02 Alex Azali (Dorsal Dev.)-TABLED\Council Documents\Report 0316-02 Alex Azali.docx 4s• Ati • CN -1 4 RM 5 ■ ■ 14 4* 13 42 81 31 2 91 106 98y8 25 7 Tai 83 2 21 7 M 1 g 59 , 99 3� M I ? ■ S9 104 5 g4i 26 85 75 /0 78 r or RM -3 N 77 43 38 RS -4.5 m r. CY44-90 4rkg 0w N 767103 103:'S1P 7 N r �C 41*'TjE RS M� N a 0 11 m 40 v, Atp,4:4 4 ■ 6 G2P 1.t** 5a 47:15 70 p� 70 1 e 296 ce 21 Cr, 73r co 4.1 35-. 23 37 N 57 1`01 8 18 30 At 14 4t# mi2 *j*A,Q� ^• 39 4 I ��, tR � *46 a 7 n '1f#1 Fee 20 62.p 34 -4.5 Department o Date rented: 3/3/2015 P, yrepere r]'R y: 1 ve t t e M veFbp'� S'ervic s - CASE: 0316-02 ZONING & NOTICE AREA RM- Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commerc}al CN -2 CR -1 CR -2 CG -1 CG -2 CI CBD CR -2, FR H BP Neighborhood Commercial 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 -1O Single -Family 10 RS -6 Single -Family 6 RS•4.5 Singie-Family 4.5 RS -TF Two -Family RS -15 Single-FamIly 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recfeetional Vehicle Park RMH Manufactured Home n 3 with 'buffet' 0 owners 200'hu/Jer rn favor ,( Owners -Meer; 200'hsled on V Owners — atdechgd ownership table It in opposition LOCATION MAP City of Corpus Christi 30 �. P 1I5. N R DT ZR A P ] 15 N R 0 46 49 E 943 59 D S 25 15 E 24 GEORGE ESTATES. 6 , 22 5/8'1 SFO 21 R T56 GE a 15 N E9 94 NO 187 CARS BUmPSEa 1DT 72 LOT 44 1 R ESTATES UPS 2, �32 v.N67, PA329b 330, H R. mw 1 BLDG TYPE 4, 176.17' X 70' 12 2BR S. 12 3 BR sem_ BLDG TYPE 5, 72.08 X 67.83' BLDG TYPE 2, 150.67' X 70', 12 1BR & 12 2BR BLDG TYPE 1, 144. 17' X 67.83', 12 1BR & ]2 2BR BLDG TYPE 1, 144.]7' X 67.83', 12 1BR & 12 2BR — F31 � DE s m cm _ BLDG TYPE 4, 176. 17' X 70'eo 12 2BR & 12 3 BR 6 2 BR eo eu PST,P oegsms. rrvomc To rnrc ouTrnre m.\ ee p 400'' 30 ` k zs ., LA I BLDG TYPES1— FJ BLDG TYPE 4 EA 1 4:N X 70', BLDG TYPE 1, 144. 17' X — Ee BLDG TYPE T < EA c1 GARS BLDG TYPE 3, 172.17' BLDG TYPE 2, 150.67' 12 1BR & 12 2BR 67.83'. 12 1BR & 12 2BP - BLDG TYPE asp 4 xEA X 70', 24 2 BR TYPE s 2EA sa a ZI It��nL� \ zT ea mums] 7 CARS S Ba e PLDs P Ie we e DLOs e 6 we toe I Da UNIT, s5 AIS 2 ea e PLDG P . we .. DLes e 24 wP . 2 BLDG e a wP . 2 BLDG P 6 U.P 22e 2 Da UNITS S Ba 2 PLDG P I2 wB 24 s Da UNITS No 0unanEa� TOTAL 360 UNITS m 1— BLDG TYPE 3, ]72.17' 2 I 20 CARS �EumrsTEre 31 FRS E6 oe X 70', 24 2 BR g<9C� J I 7, LS z 0F 6 83-"r 6 92 BLDG TYPE 1, 144.17' X 67. 83' 12 1BR & 12 2BR ED 5/8'1 R 15 LE 9 S28 49' W eo 324. 95 22 8' IL R. 23 l 1 93' X 127' OFFICE, POOL & g , MORNING S AR ESTATES UNIT 2 v 67 P 9 a 250 N R 18 LAUNDRY SPACE G0 CHELSEA, BLOCK 1, LOT 1 591,457 SF = 13.578 AS r 7 S p n. ES rn APARTMENT AND PARKING DATA IS `� DENSITY: 360 UNITS/13.570 S. = 2651 UNITS PER ACRE FOR BHE PURPOSE OD 1NTERIM6 PARKING'. 108 ONE BR UNITS x 15 OARS/UNI = 162 GWS REVIEW UNDER THE AUTHORITY OF NIXES M WELSH. P E NO S 252 D WELSH 1 O ENGINEERING. E 52 3T IS 724 CARS D60 USES v € SD BLDG TYPE 3, 172.17' BLDG TYPE 2, 150.67' X 70', DIVIDED 5 = NOT TO BE USED rop VISITOR6PARKING 380 U BY 5 = CARS H' �N TOTAL PARKING REQUIRED = 738 SPACES PURPOSES. CONSTRUCTION DR B]0➢1NG S 1115 07 THIS PLAN SHOWS 753 SPACES )A75' / ����� X 70', 24 2 BR 12 1BR & 12 2BR 1 �J L o E FL— J 51 C RS `� 7, a rvmE. Till CAWS awnc[xT ppw[reTv. sI PENT1aL URVEY RE& NO 100027-00. TY ENGINEERING G 5z BASS & WELSH ENGINEERING TEXAS 7e4aa 330 S. 3PROJECTR 32 605 PROPOSED APARTMENT 22. 25 .Li ED s7e I. P. 15'e ea 27 a9 W 61 e. 57'-1 15 IS 57e 1. P 0— SCHELSEA, BLOCK 1, LOT 1 CORPUS CHRISTI, NUECES COUNTY, TX a z 3 4 MOISPNC STAR ESTATES UNIT 2, 7 v. 66, P, 7sa76, N.R. e 9 D SITE PLAN Corpus Located (iris ,�y�,s� r. k ,� �7�52% � Development Services P.O. Box 9277 Christi, Texas78469-9277 (361) 826-3240 at 2406 Leopard Dept. Street REZONING APPLICATION >, Case No.: 0316-02 Map No.: 040032 0 PC Hearing Date: 3/23/16 Proj.Mgr: 0 a Hearing Location: Citv_Hall, Council Chambers, 1201 Leopard Street CD: Hearing Time: 5:30 p.m. 0' 0' • A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING. • INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. 1. Applicant: Alex Azaii Contact Person : Alex Azali Mailing Address: POB 8155 city: corpus christistate: zip. 78468 Phone: f 361 ) 688-8000 E-mail cell: ( 361 )688-.8000 z. Property Owner(s): Alex Azali gRnP Q 'e; i--- Alex Azali Contact Person Mailing Address: POB 8155 City: Corpus christi State: tx ZIP: 78468 Phone: ( 361 ) 688-8000 E-mail: Cell (361 ) 688-8000 3. Subject Property Address Lt 13&14 flour bluff Tracts Area of Request (SF/acres): 13.814 Current Zoning & Use: RM-1 k Proposed Zoning & Use: RM-2 C��, . 5 1_ _NJ 7 12-Digit Nueces County Tax ID:. 4 3 \At U 0 1_ 0 1 6 0 ~] O'% /�R k Subdivision Name C a .14 LAI /f., AAA. co. zmuyta.f.tc 2 � Block: Lot(s) Legal Description if not platted Lt13&14 flour bluff tracts sect 27 and encinal farm &garden tracts 4. Submittal Requirements: ❑ Early Assistance Meeting: Date Held • with City Staff 0 Land Use Statement 0 Disclosure of Interest ❑ Copy of Warranty Deed IF APPLICABLE: 0 Peak Hour Trip Form iif request is inconsistent with Future Land Use Plan) 0 Site Plan for PUD or Special Permit 0 Metes & Bounds Description with exhibit if property includes un-platted land (sealed by RPLS) ■ Lien Holder Authorization ❑ Appointment of Agent Form if landowner is not signing this form I certify tha I have provided he City orpus Christi with a complete application for review; that I am authorized to initiate this rezoning s r on b If of the Property Owner(s); and the information provided is accurate. Owner or Agent's Signature Applicant's Signature Owner or Agent's Printed Name Applicant's Printed Name Office Use Only: Date Received: i (2A / 1(Q Received J ADP: SS 4 Rezoning Fee: 197h Sfl + PUD Fee 0 + Sign` Fee 10.00 = Total Fee 1986.50 No. Signs Required 1 © $10/sign Sign Posting Date: KIDEVELOPMENT5VCSISHAREDLLAND DEvELOPMENTIAPPLICATION FORMSIREZONINGSZONING APPLICATION 2015 DOC Fomi 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. Need rezoning for multifamily use 2. Identify the existing land uses adjoining the area of request: North - South - East - West - C .USERS TANYAR.0001DESKTOPIDAILY USEIANNIKAILAND USE STATEMENT FOR 2ONING,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: Dorsal Developement LLC STREET: POB 8155 CITY: corpus christi zip: 78468 FIRM is:OCorporation OPartnership ()Sole Owner OAssociation OOther DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) N/A N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A 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 N/A 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 N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Alex Azali (Print Name) Signature of Certifying Person; Title: owner Date: K1DEVELOPMENTSVCSISHAREDILANP PEVELOPMENTIAPPLICATION FORMSIREZONINGIDISCLOSLIRE OF INTERESTS STATEMENT 5.12.2015.DOC MURRAY BASS, JR., P.B., R.P.L.S. NIXON M. WELSH, P_E.,R.P.L.S. www.bass-welsh.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 STATE OF TEXAS § COUNTY OF NUECES § 3054 S. ALAMEDA, ZIP 78404 361 882-5521-- FAX 361 882-1265 e-mail: murravjr@aol.com e-mail: nixmw(u�aol.com RM -2 Zoning Tract December 14, 2015 Description of an 13.814 acre tract of land, more or less, a portion of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume °A", Pages 41 — 43, Map Records, Nueces County, Texas, said 13.814 acre tract as further described by metes and bounds as follows: BEGINNING at the westernmost corner of Morningstar Estates Unit 3, a map of which is recorded in Volume 67, Pages 329 and 330, said map records, said beginning point for the northernmost corner of the tract herein described; THENCE along the a west central boundary line of said Morningstar Estates Unit 3 S61°22`51"E 375.10' to a point for the northernmost east corner of the tract herein described and southernmost corner of Lot 26, Block 5, said Morningstar Estates Unit 3; THENCE along a southwest boundary line of said Morningstar Estates Unit 3 S28°46'49"W 324.95' to a point for central interior corner of the tract herein described and westernmost corner of Lot 18, said Block 5, Morningstar Estates Unit 3; THENCE along a southwest boundary line of said Morningstar Estates Unit 3 and along a west central boundary line of Morningstar Estates Unit 2, a map of which is recorded in Volume 66, Pages 75 and 76, said map records, S61°22'51"E 400.00' to a point for the northwest comer of Lot 11, Block 5, said Morningstar Estates Unit 2 and easternmost corner of the tract herein described; THENCE along a southwest boundary line of said Morningstar Estates Unit 2 S28°37'09"W 618.57' to a point for the southernmost corner of the tract herein described and northeasterly right-of-way corner of Wooldridge Road; THENCE along the northeast right-of-way line of said Wooldridge Road, being along a line 36.75' northeast of and parallel to the centerline of said Wooldridge Road, N61°21'24"W 776.84' to a point for the westernmost comer of the tract herein described in the southeast boundary line of The Forum Mall, Block 1, Lot 2R, a map of which is recorded in Volume 53, Page 115, said map records; THENCE N28°46'49"E 943.19' along said southeast boundary line of The Forum Mall, Block 1, Lot 2R and along the southeast boundary line of George Estates, a map of which is recorded in Volume 68, Pages 456 and 457, said map records, to the POINT OF BEGINNING, a sketch showing said 13.814 acre tract being attached hereto as Exhibit "B". Nixon M. Welsh, R.P.L.S. EXHIBIT "A" Page 1 of 1 Q' qf Qa 22 tO 4,b 0 V- 00 s cry /'.' TjTZo �,r sfiet a Onto 2 ti ti S61 eco ti PROPOSED RM -2 ZONy .IC TRACT, 13.814 AC!cti FB B EF ET, '-' SECT 7 b 40 °)^ / //^hc-) 1' to - z ti ti ti ti 0 100' 200' 400' EXHIBIT "B" SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION 1 "=200' SCALE: 111= 200' BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB—ZONING, JOB NO. 15054, SCALE: 1" = 200' PLOT SCALE: SAME, PLOT DATE: 12/14/15, SHEET 1 OF 1 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 intention de asistir a esta junta v cue reeuieren servicios especiales, se les suolica cue den aviso 48 horas antes de la junta Ilamando al deoartamento de servicios de desarrollo, al niimero (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 diricirse a la commission durante la junta v su irides 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 interorele ser Dresente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0316-02 MAR 17 2016 DEVELOPMENT SERVICES SPECIAL SERVICES Alex Azali has petitioned the City of Corpus Christi to consider a : nge f zoning -from the "RM -1" Multifamily 1 District to the "RM -2" Multifamily 2 District, resulting in a change to the Future Land Use Map from medium to high density residential uses. The property to be rezoned is described as: Being a 13.814 acre tract of land out of a portion of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located along the north side of Wooldridge Road between Bevo Drive and Gold Star Drive. 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 y. 415,1 ,The public hearing will be held an WednesdavMarch.23, 2016, during one of the Planning''''Curfirrorars regular meetings, which begins at 5730'577.171-1—he 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. 0. 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 in_person, by telephone call or by fetter. Printed Name: /7?(?qi// f -P Address: /11619 Sr41z /44286/2 D1- City/State: (}v(? L)5'2h721s , `1 ( ) IN FAVOR e ) IN OPPOSITION Phone: (a 1- 6 /S44 REASON: f, ,d f d 1 /Y1 cYl /'M 1 1 14 e p)34. --t P 1Y1`) 4 nl !c gl s eeY cry �dit9pap-frex;is-77-1 i(?1,01,144p:rclits1,4.0)It_i_liatc60/73.),),,,tap)ice.. 14,47/_-6: Signature SEE MAP ON REVERSE SIDE Property Owner ID: 8 Case No. 0316-02 HTE# 16-10000003 Project Manager: Dolores Wood 1 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 este junta v que reauieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo. al nlamero (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 limitedo, favor de hamar al departamento de servicios de desarrollo al niumero (361) 826-3240 al menos 48 horas antes de la iunta para solicitar un interprete ser presente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE MAR 17 2016 Rezoning Case No. 0316-02 DEVELOPMENT SERVICES SPECIAL SERVICES Alex Azali has petitioned the City of Corpus Christi to consider a - t Ilrttf film 1I It k 6 t;1111 "RM -1" Multifamily 1 District to the "RM -2" Multifamily 2 District, resulting in a change to the Future Land Use Map from medium to high density residential uses. The property to be rezoned is described as. Being a 13.814 acre tract of land out of a portion of Lots 13 and 14, Section 27, Flour Bluff and Encina/ Farm and Garden Tracts, located along the north side of Wooldridge Road between Bevo Drive and Gold Star Drive. 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 _.j...gaxixatigigudiale City Council. The public hearing wvigl;ednesday, March 23, 2016, during one a g Commission's regular meetings, w rdr " tT5-01--530 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. 0. 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 in_person, by telephone call or by letter. Printed Name: Pit -hr/ a Grvl hri5ibspiW Lit" Address:1501 [—X)jc `7T4( 7rivp !C/State:(b (,n('`l�./.�f/ /X `0_Cef/ ( ) IN FAVOR (1.-Y6OPPOSITION Phone:,�(11� REASON: ko pi )cdu.e. in o(.2r ho ot_t, yer/u k . -11'�a'"c. 4,f s ��C df rend. nal sane -For k- S5. 4p�r1 Cdr- p/ex 'iII lArie ldfs flu idfor? 1, A.) n.ej5 boor/we - 0.61 Jiz;j f�spray T - A45- a very pie it r. L�.r hod, Signature Q3 ~13 /gyp SEE MAP ON REVERSE SIDE Property Owner ID: 36 `1�� Ad( Case No. 0316 02 HTE# 16-10000003 j !J' Project Manager: Dolores Wood 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 este junta v que requieren servicios especiales, se les suplica que den aviso 48 hares antes de la iunla Ilamando al denarttamento de servicios de desarrolrq, al nurnerd (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 dirioirse a la commission durance la iunta v su irides es limitado, favor de (lamer al de servicios de desarrollo al numero_ 361 2. 240 al menos 48. horas antes de la unta .are sol icitar e la iunta. J rtam Prete ser presente IL MAR 21 2016 DEVELOPMENT SERVICES SPECIAL SERVICES A ex Azali has petitioned the City of Corpus Christi to consider a change of zoning from the "RM -1" Multifamily 1 District to the "RM -2" Multifamily 2 District, resulting in a change to the Future Land Use Map from medium to high density residential uses. The property to be rezoned is described CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0316-02 as: Being a 13.814 acre tract of land out of a portion of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located along the north side of Wooldridge Road between Bevo Drive and Gold Star Drive. 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 recommendpuncil. The public hearing will be held oj.eities.d;.arch 23, 2016, during one of the Planrm t inmission's regular meetings, which begln'1;-a1"'5730-Irrt :, 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 in_person, by telephone call or by letter. Printed Name: AYY\O-SN6a Te.1Q .gin S Address: 7401 S fa r /la U(kir r City/State: C C 7 J( ( ) IN FAVOR 90 IN OPPOSITION Phone: 5 L / - qb0 ` S3 9 2 REASON:- \,-\\00f- hoc,40-06 \A [- kkut 2, SOe.+r v ti �l kd est S C� Q r`f Gt Vic. s � �, ��as � ��- � � n P P� .mob l 04 f o m� r - �-keE+, uJa S-1-ec,(1cr m crcafe vt _G`,r� - ►� ig ature 1 SEE MAP ON REVERSE= SIDE Property Owner ID. 9 / HTE# 16-10000003 (t Case No. 0316-02 Project Manager: Dolores Wood While I cannot speak for all of my neighbors, those conversations I have had with them lead me to several conclusions regarding the rezoning request: though not opposed to a high density multi -family development in this area in the future, my neighbors and I would prefer to see the infrastructure built to support such a development prior to any rezoning for several reasons. First, per the Unified Development Code, RM -2 zoning permits 30 residents per acre. Given that the subject property is 13.814 acres, this would deposit at least 400 new residents In to the middle of a small residential neighborhood. While the slight widening of Wooldridge Road and addition of a turning lane from Rodd Field to Quebec has helped with traffic, the opening of Adkins Middle School has brought more traffic in to an area with few ways out. With the Oso Wetlands Preserve opening and more homes being built every day, traffic is a growing problem in this area. Second, while Wooldridge Road between Rodd Field Rd. and Cimarron is a four -lane classified as an arterial (as of the 1987 Southside Development plan), Wooldridge Road between Rodd Field and Ennis Joslin is a two-lane farm road with wastewater ditches on either side. Those ditches, thanks to the recent rains, are overflowing stagnant water over the sidewalks that were only recently added thanks to concerned parents of Adkins Middle School students. Third, Holly Road between Paul Jones and Rodd Field is in dire need of repairs, especially with the increased traffic to and from Adkins Middle School and the new development there. As one of the only other ways out of this neighborhood, hemmed in as we are by the Cayo del Oso and dead-end developments, it is growing rapidly overused. While the completion of Ennis Joslin between Holly Road and South Padre Island Drive was approved in the last bond election, it is not yet started and is even further from being complete. Holly, like Wooldridge, remains a two-lane farm road with wastewater ditches on either side. Fourth, most if not all of the homes surrounding the subject property are single -story family homes. A high density apartment development two to three stories high would be out of place in the area. While we don't have the particulars of any proposed development on the site, this would be a concern for the neighbors of the subject property. Assurances that the development plan includes cottage -style single story homes (or similar) would assuage the concerns of the neighbors on this point. Lastly, in times of severe weather, the subject property collects, filters, and absorbs much of the rain water; twice last year the run-off from it was so great that Gold Star Drive was flooded through the yards of homeowners. Replacing this natural collector/processor with a vast sea of concrete for "high density" parking, though we're sure it would be properly graded and designed, makes the neighbors worry about a higher possibility of water damage. I would happily reconsider my opinion on this rezoning request & subsequent development if presented with an action plan that addresses the points addressed in this letter. -13 MAR 2 1 Z016 j DEVELOPMEN I bLRVICES SPECIAL SERVICES AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of May 10, 2016 Second Reading for the City Council Meeting of May 17, 2016 DATE: April 19, 2016 TO: Ronald L. Olson, City Manager FROM: Daniel McGinn, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at 1752 Rand Morgan Road CAPTION: Case No. 0316-04 NP Homes, LLC: A change of zoning from the "FR" Farm Rural District and "IH" Heavy Industrial District to the "RS -6" Single -Family 6 District and to the "FR" Farm Rural District. The property is described as being a 28.228 acre tract of land described by Deed Document No. 200401783, Official Records of Nueces County, Texas, containing two tracts of land: Tract 1, being 21.568 acres out of a 25.998 acre tract of land; and Tract 2 being a 6.660 acre tract out of an 85.022 acre tract of land, located on the east side of Rand Morgan Road between McNorton Street and Goodnight Loving Trail. PURPOSE: The purpose of this item is to rezone the property to allow construction of a single-family subdivision with a buffer area. RECOMMENDATION: Planning Commission and Staff Recommendation (April 6, 2016): Approval of the change of zoning from the "FR" Farm Rural and "IH" Heavy Industrial Districts to the "RS -6" Single -Family 6 District on Tract 1 and "FR" Farm Rural District on Tract 2. Vote Results: For: 7 Against: 0 Absent: 1 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "FR" Farm Rural and "IH" Heavy Industrial Districts to the "RS -6" Single -Family 6 District on Tract 1 (21.568 acres) and to the "FR" Farm Rural District on Tract 2 (6.660 acres) to allow the construction of a single-family subdivision with a buffer area. The subject property is located within the boundaries of the Port/Airport/Violet Area Development Plan (ADP). The Future Land Use Map recommends light industrial uses for the majority of the property and transitioning to the heavy industrial zoned property to the east. Rand Morgan Road is essentially the dividing line between the planned industrial lands and residential land on the Future Land Use map. The McNorton Subdivision to the south of the subject property is designated as a "neighborhood in transition" in the Port/Airport/Violet Area Development Plan (ADP) since the neighborhood is surrounded on three sides with industrial uses or zoning. The term "In Transition" in the ADP suggests that the location of the McNorton Subdivision is not an ideal residential location due to potential negative impacts from industrial used or zoned property. The proposed 6+ acre buffer proposed by the applicant may be sufficient to protect the proposed residential subdivision from the negative impacts of the abutting "IH" Heavy Industrial zoned property. Staff is of the opinion that the applicant has made a significant effort to address Comprehensive Plan land use issues by proposing the "FR" Farm Rural District as a protective buffer to the neighborhood. Therefore, a change to the Future Land Use Plan map is warranted. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Port/Airport/Violet Area Development Plan (ADP). The proposed rezoning to the "RS -6" Single -Family 6 District and "FR" Farm Rural District is not consistent with the Port/Airport/Violet ADP or the adopted Future Land Use Plan's designation of the property as light industrial. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 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 NP Homes, LLC on behalf of Double T & C Properties, Inc. ("Owner"), by changing the UDC Zoning Map in reference to a 28.228 acre tract of land described by Deed Document No. 200401783, Official Records of Nueces County, Texas, containing two tracts of land: Tract 1, being 21.568 acres out of a 25.998 acre tract of land; and Tract 2 being a 6.660 acre tract out of an 85.022 acre tract of land, from the "FR" Farm Rural District and "IH" Heavy Industrial District to the "RS -6" Single -Family 6 District and to the "FR" Farm Rural 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 NP Homes, LLC on behalf of Double T & C Properties, Inc. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, April 6, 2016, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the "FR" Farm Rural and "IH" Heavy Industrial Districts to the "RS -6" Single -Family 6 District on Tract 1 and "FR" Farm Rural District on Tract 2, and on Tuesday, May 10, 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 by NP Homes, LLC on behalf of Double T & C Properties, Inc. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 28.228 acre tract of land described by Deed Document No. 200401783, Official Records of Nueces County, Texas, containing two tracts of land: Tract 1 being 21.568 acres out of a 25.998 acre tract of land; and Tract 2 being a 6.660 acre tract out of an 85.022 acre tract of land (the "Property"), from the "FR" Farm Rural and "IH" Heavy Industrial Districts to the "RS -6" Single -Family 6 District on Tract 1 and "FR" Farm Rural District on Tract 2 (Zoning Map No. 058046), as shown in Exhibits "A", "B" and "C". Exhibit A, which is a metes and bounds description of Tract 1, Exhibit B, which is a metes and bounds description of Tract 2, and Exhibit C, which is a map to accompany the metes and bounds descriptions, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. 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 on Tract 1 and agricultural/rural uses on Tract 2. 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. Page 2 of 3 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance - NP Homes, LLC Page 3 of 3 MURRAY BASS, JR., P.E., R.P.L.S. NIxoN M. WELSH, P.E.,R.P.L.S. www.bass-welsh.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 STA I OF TEXAS § COUNTY OF NUECES § RS6 Zoning Tract 3054 S. ALAMEDA, ZIP 78404 361 882-5521--- FAX 361 882-1265 e-mail: murrayjr@aol.com e-mail: nixmw@aol.com March 22, 2016 15058-M&B RS6.doc Description of a 21.568 acre tract of land, more or less, being a portion of 25.998 acre Parcel 2 described by deed, Document No. 2004017839, Official Records of Nueces County, Texas, said 21.568 acre tract as further described by metes and bounds as follows: BEGINNING at the point of intersection of the east right-of-way line of Rand Morgan Road and the south boundary line of an 80 acre tract described by deed recorded at Document No. 2001007773, said official records, said 80 acre tract is described in the "Rand Morgan Road Property" of said deed recorded at Document No. 2001007773, said beginning point for the northwest corner of the tract herein described and of said 25.998 acre tract; THENCE along the common south boundary line of said 80 acre tract and north boundary line of said 25.998 acre tract N89°24'27"E 1041.65' to a point for central north corner of the tract herein described; THENCE S00°41'43"E 366.27' to a point for central interior corner of the tract herein described; THENCE N89°32'15"E 639.89' to a point for the northernmost east corner or northeast corner of the tract herein described; THENCE S00°52'41"E 496.85' to a point for the southeast corner of the tract herein described and being in the north boundary line of McNorton Subdivision No. 2, a map of which is recorded in Volume 11, Page 31, map records of said county; THENCE along the common north boundary line of said McNorton Subdivision No. 2 and south boundary line of said 25.998 acre tract S89°17'59"W 1259.57' to a point for the southernmost west corner or southwest corner of the tract herein described and of said 25.998 acre tract; THENCE N00°43'49"W 666.92' along a westerly boundary line of said 25.998 acre tract to a point for interior northwesterly corner of the tract herein described and of said 25.998 acre tract; THENCE S89°23'08"W 422.94' along a northwesterly boundary line of said 25.998 acre tract to a point in said east right-of-way line of Rand Morgan Road for a northwesterly corner of the tract herein described; THENCE along the east right-of-way line of Rand Morgan Road N00°45'13"W 200.18' to the POINT OF BEGINNING, a sketch showing said 21.568 acre tract for RS6 Zoning being attached hereto as Exhibit "C". iixon M. Welsh, R.P.L.S. EXHIBIT "A" Page 1 of 1 MURRAY BASS, JR., P.E., R.P.L.S. NIxoN M. WELSH, P.E.,R.P.L.S. www.bass-welsh.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 STA I OF TEXAS § COUNTY OF NUECES § FR Zoning Tract 3054 S. ALAMEDA, ZIP 78404 361 882-5521--- FAX 361 882-1265 e-mail: murrayjr@aol.com e-mail: nixmw@aol.com March 22, 2016 15058-M&B FR.doc Description of a 6.660 acre tract of land, more or less, a portion of an 85.022 acre tract of land described as Parcel 1 in deed, Document No. 2004017839, Official Records of Nueces County, Texas, and a portion of 25.998 acre Parcel 2 described by said deed, Document No. 2004017839, said 6.660 acre tract as further described by metes and bounds as follows: BEGINNING at a point in the south boundary line of said 85.022 acre tract for the southeast corner of the tract herein described, said beginning point bears N89°17'59"E 150.00' from the common southwest corner of said 85.022 acre tract and the southeast corner of said 25.998 acre tract, said beginning point being in the north boundary line of McNorton Subdivision No. 2, a map of which is recorded in Volume 11, Page 31, map records of said county; THENCE along the common south boundary lines of said 85.022 acre tract and said 25.998 acre tract and the north boundary line of said McNorton Subdivision No. 2, S89°17'59"W, at 150.00' pass said common southwest corner of 85.022 acre tract and southeast corner of said 25.998 acre tract, in all, 225.00' to a point for the westernmost south corner of the tract herein described: THENCE N00°52'41"W 496.85' to a point for central easterly interior corner of the tract herein described; THENCE S89°32'15"W 639.89' to a point for westerly central corner of the tract herein described; THENCE N00°41'43"W 366.27' to a point for the northwest corner of the tract herein described in the common north boundary line of said 25.998 acre tract and south boundary line of an 80 acre tract of land described by deed, Doc. No. 2001007773, said official records; THENCE N89°24'27"E 225.00' along said common north boundary line of 25.998 acre tract and south boundary line of 80 acre tract to a point for the easternmost north corner or northwesterly corner of the tract herein described in the west boundary line of 5.100 acre Parcel 3, said Document No. 2004017839; THENCE S00°41'43"E 216.78' to a point for northwesterly interior corner of the tract herein described and southwest corner of said 5.100 acre tract; THENCE N89°32'15"E 639.41' along the south boundary line of said 5.100 acre tract and thru a portion of said 85.022 acre tract to a point for the northeast corner of the tract herein described; EXHIBIT "B" Page 1 of 2 Metes and Bounds Description, 6.660 Acre Tract, March 22, 2016, continued: THENCE S00°52'41"E 645.92' to the POINT OF BEGINNING, a sketch showing said 6.660 acre tract for FR Zoning being attached hereto as Exhibit "C". ixon M. Welsh, R.P.L.S. EXHIBIT "B" Page 2 of 2 Z N00° 45' 13" W 200, 18'\ 4 3 D O ON Z ,__• D D m n v) z 5 6A 6B 7 S89° 17' 59" W 8 1259, 57-' 3 0 z 0 <7) 10 - o t --z -0 tcl -d w$-1 rn 3$-1 - 0 13 Ti z z 11 12 N COMMON SE CORNER OF 25. 998 AC. TRACT AND SW CORNER OF 85. 022 AC. TRACT 14 15 16 N00° 43' 49" W 666 92' RS6 ZONING TRACT, 21, 568 AC, 25. 998 AC. PARCEL 2, DOC. NO, 2004017839, ❑, R. S00°52' 41"E a S00° 41' 43" E 366, 27' Z 0 ° 17 S89° 17' 59" W 18 225, 00'- 496, 85' o FR ZONING 0o 6,660 ck ON CO CO 3 HSI /26.68N ON _UL QD TRACT, _t. 0 3 ,L2 ,172 o68N CL RAND MORGAN ROAD CFM 2292) SOUTH P❑RTI❑N OF 80 ACRE TRACT, DOC. NO, 2001007773, ❑, R. 1 N O\ u o °` R Cn c__— S00° 41' 43" E 216, 78' 5. 100 AC. PARCEL 3, DOC. NO, 2004017839, ❑, R. 19 Y S00° 52' 41" E \645, 92' 85. 022 AC. PARCEL 1, DOC. NO, 2004017839, ❑, R.-,..„ EXHIBIT "C" SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION 1"=300' 0 150' 300' 600' SCALE: 1"= 300' BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-ZONING, JOB NO. 15058, SCALE: 1" = 300' PLOT SCALE: SAME, PLOT DATE: 3/22/16, SHEET 1 OF 1 Aerial Overview Aerial Overview 2 PLANNING COMMISSION FINAL REPORT Case No. 0316-04 HTE No. 16-10000005 Planning Commission Hearing Date: April 6, 2016 Applicant & Legal Description Applicant: NP Homes, LLC Representative: Nadar Karimi Owner: Double T & C Properties, Inc. Legal Description/Location: Being a 28.228 acre tract of land described by Deed Document No. 200401783, Official Records of Nueces County, Texas, containing two tracts of land: Tract 1, being 21.568 acres out of a 25.998 acre tract of land; and Tract 2 being a 6.660 acre tract out of an 85.022 acre tract of land, located on the east side of Rand Morgan Road between McNorton Street and Goodnight Loving Trail. Zoning Request From: "FR" Farm Rural District and "IH" Heavy Industrial District To: "RS -6" Single -Family 6 District and "FR" Farm Rural District Area: 28.23 acres Purpose of Request: To allow construction of a single-family subdivision with a buffer area. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "FR" Farm Rural District and "IH" Heavy Industrial District Vacant Light Industrial North "FR" Farm Rural District and "IH" Heavy Industrial District Vacant Light Industrial South "RS -6" Single -Family 6 District Low and Medium Density Residential Low Density Residential East "IH" Heavy Industrial District Heavy Industrial Light Industrial West "FR" Farm Rural District and "RE" Residential Estate Vacant and Residential Estate "RE" Residential Estate and Light Industrial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Port/Airport/Violet Area Development Plan and is planned for light industrial uses. The proposed rezoning to the "RS -6" Single -Family 6 District and "FR" Farm Rural District is not consistent with the adopted Future Land Use Map or the Port/Airport/Violet Area Development Plan. Map No.: 058046 Zoning Violations: None Planning Commission Final Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 200 feet of street frontage along Rand Morgan Road, which is an "A2" Secondary Arterial Divided street. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2013) Rand Morgan Road "A2"Secondary Arterial Divided 100' ROW 54' paved 80' ROW 40' paved 6,094 ADT Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "FR" Farm Rural and "IH" Heavy Industrial Districts to the "RS -6" Single -Family 6 (21.568 acres) and "FR" Farm Rural (6.660 acres) to allow the construction of a single-family subdivision with a buffer area. Development Plan: The applicant is proposing to build a residential subdivision with 6,000 square foot minimum single family lot sizes. In addition, the application is proposing a 150 foot wide "FR" Farm Rural zoned buffer area next to the "IH" Heavy Industrial zoned property to the east and north. Existing Land Uses & Zoning: The subject property is vacant and zoned "FR" Farm Rural District and "IH" Heavy Industrial District. North of the subject property is zoned "FR" Farm Rural District and "IH" Heavy Industrial District and also consists of vacant land. South of the subject property is zoned "RS -6" Single -Family 6 District and consists of low density residential uses. East of the subject property is zoned "IH" Heavy Industrial District where the former Celanese Plant operated. Today the facility is occupied by light and probably some heavy industrial uses. West of the subject property is zoned "FR" Farm Rural District and "RE" Residential Estate, consisting of one -acre residential estate uses and vacant land. To the west of Rand Morgan Road is a residential subdivision zoned for "RS -4.5" Single Family 4.5 District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Port/Airport/Violet Area Development Plan (ADP). The proposed rezoning to the "RS -6" Single -Family 6 District and "FR" Farm Rural District is not consistent with the Port/Airport/Violet ADP or the adopted Future Land Planning Commission Final Report Page 3 Use Plan's designation of the property as light industrial. Additionally, the following are pertinent elements of the Comprehensive Plan and should be considered: - Each neighborhood of the City shall be protected and/or improved to be a desirable and attractive residential environment. (Corpus Christi Policy Statements, Residential Policy Statement a.) - Incompatible industrial and commercial land uses should not abut residential areas. Many of the activities allowed in the industrial and commercial districts are incompatible with residential areas. Whenever possible, such uses should be separated from residential areas. When these uses must abut residential areas, steps shall be taken to minimize conflicts, i.e., provision of open space, landscaping, screening fences, etc. (Corpus Christi Policy Statements, Land Use, Residential Policy Statement i.) Plat Status: The subject property is not platted. Department Comments: • The proposed rezoning deviates from the Comprehensive Plan Future Land Use map: o The Future Land Use Map recommends light industrial uses for the majority of the property as a buffer to the heavy industrial zoned property to the east. Rand Morgan Road is essentially the dividing line between the planned industrial used lands and residentially used land on the Future Land Use map. o The subject property has not developed under the current adopted Future Land Use Plan designation and the existing zoning. o The McNorton Subdivision to the south of the subject property is designated as a "neighborhood in transition" in the Port/Airport/Violet Area Development Plan (ADP) since the neighborhood is surrounded on three sides with industrial uses or zoning. The term "In Transition" in the ADP suggests that the location of the McNorton Subdivision is not an ideal residential location due to potential negative impacts from industrial used or zoned property. o The proposed 6+ acre buffer proposed by the applicant may be sufficient to protect the proposed residential subdivision from the negative impacts of the abutting "IH" Heavy Industrial zoned property. o Staff is of the opinion that the applicant has made a significant effort to address Comprehensive Plan land use issues by proposing the "FR" Farm Rural District as a protective buffer to the neighborhood. Therefore, a change to the Future Land Use Plan map is warranted. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "FR" Farm Rural and "IH" Heavy Industrial Districts to the "RS -6" Single -Family 6 District on Tract land "FR" Farm Rural District on Tract 2. Vote Results: For: 7 Against: 0 Absent: 1 Planning Commission Final Report Page 4 Public Notification Number of Notices Mailed — 41 within 200 -foot notification area 2 outside notification area As of April 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\0316-04 NP Homes, LLC\Council Documents\Report - NP Homes, LLC.docx R -S-- 6 0 ti ?s=m-4. • 0 0 z z RS - 0 C N- 1 a 0 0 0 a 0 y C a MCNORTON RD N QRS -6 m 0 C 400 800 Feet a W CAROLINE RD N y w a N m ¢ MARSHALL RD 0 Dare Created: 3/23/2016 Prepared By: JeremyM Ceaartment of'D4vel3pmenr Services CASE: 0316-04 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 SUBJECT PROPERTY LOCATION MAP pavelapmanl Services Dept. P.O. Box 4277 Corpus Chrhlf. Texas 784899277 (381) 928-3240 Located at 2408 Leopard Street 1. Apert !6-/4619000 REZONING APPLICATION Case No.: 0 31 ce '0` Map No.: Qom`] ?0 q 4, PC Hearing Data: Y — — f (o pm].MgC Hearing Location: City Hall. Courpil Chambee.1201 Leopard Street Hearing Time: 5:30 D.M. "A MAXIMUM OF RYE RQONINGS CASES ARE SCHEDULED PER HEARING. ' INCOMPLETE AFFIXATIONS 1MLL Nor BE ACCEPTED. Melling Address: 94 eg-jz $1 3 Phone: f3`1 ) 6RS- g3 $Z Contact Person : g a IM' Lke►ss\ ?4t City: --Chi2Villinallibriali- E-mail: Call: (___,__) 2. Properly Owner(s): C„_ Weirsilk.;a-51,12.t+C Contact Person : T� rye 1..an Mailing Address: Q0 ec T4ODt {e "S City:P: - Phone: ( ) E -Dial' Cel: ( ) 3. Subject Properly Address: Cleurlooseal. Currant Zoning & Use: corkllociweS 12 -Digit Nuecea County Tax ID:! 2..11-dlL Q:Mt �e $ Area of Request (SF/aces): "2.6. lata Acre ' --6 riZ-WI-ctzt•e_iwkiVirD Subdivision Name: Asse S,.1 f ('V .1 tie) Block: Lot(s): - Legal Description if not platted: �1 c.S rts•C VAC, 75 . 42:8 j xircx54 eQ 4. Submittal Requirements: ❑ Early Assistance Meeting: Date Held ; with City Staff ❑ Lend Use Statement ❑ Disclosure of Interest ❑ Copy of Warranty Deed lF APPLICABLE: ❑ Peak Hour Trip Form (d request is inconsistent with Future Land Use Ptan) 0 Site Plan for PUD or Special Permit ❑ Metes & Bounds Description with exhibit If property includes un -platted land (sealed by RPLS) ❑ Uen Holder Authorization ❑ Appointment of Agent Form if landowner Is not signing this form I certify tha n provided th . Corpus Christi with a complete application for review; that I am authorized to initiate this rezoning er on of the Property Owner(s); end th nation provided Is accurate. Na rt r- K 0.r i rot Applicant's Printed Name Moo Uses Only: Data Received: 01 -el- / ..--r�� By: ADP: Reznnlng pediaDab PUD Fee 5 + Sign Fee / . a Total Foo No. Signa Required l fa S1Ofsign Sign Pordinp Date: KACCVELOPUBITIMISHAREENUM OEYELOPIreim pPuc TrON FORSISREZOM520#4510 APPOCATr1N201500C Faun Revised 5ry2/2015 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: ZletOrAe 7 Z C Qrofl&r# I S Ze.0 STREET: Qo Rey 240 °tb 5 CITY: rarpwq 1—"'"X ZIP: 11M2-+ FIRM is: Corporation °Partnership ()Sole Owner °Association °Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) NIiN NIP\ 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 NIS 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 N1A 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 N1A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: 1 rn I— •► :. itle: (Print Name) Signature of Certifying Person :' r ��/� Date: 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. Ny )v m e ko.5 b ee_n ►ri e5 e ua 1l °,14-)') cc, 1/1 Peo,1d ldrj W ; ,� 5 di -Ile,- ) S Char 3e `C e 70)-1c ✓► cj �f _ Ayci,,J bec“,= m e Know Sc1,o, i - 0 t 1--1, e / Q- ► Loo 11, 1.S 26 A e S 0,1 4t02,froris. N� 110, L G C 36\- 6cg'e3-9 A/Phoni&'6 o1 -cam 2. Identify the existing land uses adjoining the area of request: North - R 't A e") t South - a r rel LG.n A East - HJ(5)1 1,ILs', West - Res ct--e-rj( C 1USERSITAN¥AR 00o1DESKTOFYAILY USEMNNiKAILANO USE STATEMENT FOR ZL)MIHG-DOC MURRAY BASS, JR., P.E., R.P.L.S. NIxoN M. WELSH, P.E.,R.P.L.S. Received 3-22-16 www.bass-welsh.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 STA I OF TEXAS § COUNTY OF NUECES § RS6 Zoning Tract 3054 S. ALAMEDA, ZIP 78404 361 882-5521--- FAX 361 882-1265 e-mail: murrayjr@aol.com e-mail: nixmw@aol.com March 22, 2016 15058-M&B RS6.doc Description of a 21.568 acre tract of land, more or less, being a portion of 25.998 acre Parcel 2 described by deed, Document No. 2004017839, Official Records of Nueces County, Texas, said 21.568 acre tract as further described by metes and bounds as follows: BEGINNING at the point of intersection of the east right-of-way line of Rand Morgan Road and the south boundary line of an 80 acre tract described by deed recorded at Document No. 2001007773, said official records, said 80 acre tract is described in the "Rand Morgan Road Property" of said deed recorded at Document No. 2001007773, said beginning point for the northwest corner of the tract herein described and of said 25.998 acre tract; THENCE along the common south boundary line of said 80 acre tract and north boundary line of said 25.998 acre tract N89°24'27"E 1041.65' to a point for central north corner of the tract herein described; THENCE S00°41'43"E 366.27' to a point for central interior corner of the tract herein described; THENCE N89°32'15"E 639.89' to a point for the northernmost east corner or northeast corner of the tract herein described; THENCE S00°52'41"E 496.85' to a point for the southeast corner of the tract herein described and being in the north boundary line of McNorton Subdivision No. 2, a map of which is recorded in Volume 11, Page 31, map records of said county; THENCE along the common north boundary line of said McNorton Subdivision No. 2 and south boundary line of said 25.998 acre tract S89°17'59"W 1259.57' to a point for the southernmost west corner or southwest corner of the tract herein described and of said 25.998 acre tract; THENCE N00°43'49"W 666.92' along a westerly boundary line of said 25.998 acre tract to a point for interior northwesterly corner of the tract herein described and of said 25.998 acre tract; THENCE S89°23'08"W 422.94' along a northwesterly boundary line of said 25.998 acre tract to a point in said east right-of-way line of Rand Morgan Road for a northwesterly corner of the tract herein described; THENCE along the east right-of-way line of Rand Morgan Road N00°45'13"W 200.18' to the POINT OF BEGINNING, a sketch showing said 21.568 acre tract for RS6 Zoning being attached hereto as Exhibit "C". iixon M. Welsh, R.P.L.S. EXHIBIT "A" Page 1 of 1 MURRAY BASS, JR., P.E., R.P.L.S. NIxoN M. WELSH, P.E.,R.P.L.S. www.bass-welsh.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 STA I OF TEXAS § COUNTY OF NUECES § FR Zoning Tract 3054 S. ALAMEDA, ZIP 78404 361 882-5521--- FAX 361 882-1265 e-mail: murrayjr@aol.com e-mail: nixmw@aol.com March 22, 2016 15058-M&B FR.doc Description of a 6.660 acre tract of land, more or less, a portion of an 85.022 acre tract of land described as Parcel 1 in deed, Document No. 2004017839, Official Records of Nueces County, Texas, and a portion of 25.998 acre Parcel 2 described by said deed, Document No. 2004017839, said 6.660 acre tract as further described by metes and bounds as follows: BEGINNING at a point in the south boundary line of said 85.022 acre tract for the southeast corner of the tract herein described, said beginning point bears N89°17'59"E 150.00' from the common southwest corner of said 85.022 acre tract and the southeast corner of said 25.998 acre tract, said beginning point being in the north boundary line of McNorton Subdivision No. 2, a map of which is recorded in Volume 11, Page 31, map records of said county; THENCE along the common south boundary lines of said 85.022 acre tract and said 25.998 acre tract and the north boundary line of said McNorton Subdivision No. 2, S89°17'59"W, at 150.00' pass said common southwest corner of 85.022 acre tract and southeast corner of said 25.998 acre tract, in all, 225.00' to a point for the westernmost south corner of the tract herein described: THENCE N00°52'41"W 496.85' to a point for central easterly interior corner of the tract herein described; THENCE S89°32'15"W 639.89' to a point for westerly central corner of the tract herein described; THENCE N00°41'43"W 366.27' to a point for the northwest corner of the tract herein described in the common north boundary line of said 25.998 acre tract and south boundary line of an 80 acre tract of land described by deed, Doc. No. 2001007773, said official records; THENCE N89°24'27"E 225.00' along said common north boundary line of 25.998 acre tract and south boundary line of 80 acre tract to a point for the easternmost north corner or northwesterly corner of the tract herein described in the west boundary line of 5.100 acre Parcel 3, said Document No. 2004017839; THENCE S00°41'43"E 216.78' to a point for northwesterly interior corner of the tract herein described and southwest corner of said 5.100 acre tract; THENCE N89°32'15"E 639.41' along the south boundary line of said 5.100 acre tract and thru a portion of said 85.022 acre tract to a point for the northeast corner of the tract herein described; EXHIBIT "B" Page 1 of 2 Metes and Bounds Description, 6.660 Acre Tract, March 22, 2016, continued: THENCE S00°52'41"E 645.92' to the POINT OF BEGINNING, a sketch showing said 6.660 acre tract for FR Zoning being attached hereto as Exhibit "C". ixon M. Welsh, R.P.L.S. EXHIBIT "B" Page 2 of 2 Z N00° 45' 13" W 200, 18'\ 4 3 D O ON Z ,__• D D m n v) z 5 6A 6B 7 S89° 17' 59" W 8 1259, 57-' 3 0 z 0 <7) 10 - o t --z -0 tcl -d w$-1 rn 3$-1 - 0 13 Ti z z 11 12 N COMMON SE CORNER OF 25. 998 AC. TRACT AND SW CORNER OF 85. 022 AC. TRACT 14 15 16 N00° 43' 49" W 666 92' RS6 ZONING TRACT, 21, 568 AC, 25. 998 AC. PARCEL 2, DOC. NO, 2004017839, ❑, R. S00°52' 41"E a S00° 41' 43" E 366, 27' Z 0 ° 17 S89° 17' 59" W 18 225, 00'- 496, 85' o FR ZONING 0o 6,660 ck ON CO CO 3 HSI /26.68N ON _UL QD TRACT, _t. 0 3 ,L2 ,172 o68N CL RAND MORGAN ROAD CFM 2292) SOUTH P❑RTI❑N OF 80 ACRE TRACT, DOC. NO, 2001007773, ❑, R. 1 N O\ u o °` R Cn c__— S00° 41' 43" E 216, 78' 5. 100 AC. PARCEL 3, DOC. NO, 2004017839, ❑, R. 19 Y S00° 52' 41" E \645, 92' 85. 022 AC. PARCEL 1, DOC. NO, 2004017839, ❑, R.-,..„ EXHIBIT "C" SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION 1"=300' 0 150' 300' 600' SCALE: 1"= 300' BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-ZONING, JOB NO. 15058, SCALE: 1" = 300' PLOT SCALE: SAME, PLOT DATE: 3/22/16, SHEET 1 OF 1 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of May 10, 2016 Second Reading for the City Council Meeting of May 17, 2016 DATE: April 19, 2016 TO: Ronald L. Olson, City Manager FROM: Daniel McGinn, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at 4315 Carroll Lane CAPTION: Case No. 0316-05 TG 110 Samuel Place, LP: A change of zoning from the "RS-TF/SP" Two -Family District with a Special Permit to the "RM -1" Multifamily 1 District. The property is described as Carrollton Annex 3, Block C, located on the west side of Carroll Lane between Copus Street and Houston Street. PURPOSE: The purpose of this item is to rezone the property to allow reconstruction of an existing multifamily affordable housing complex. RECOMMENDATION: Planning Commission and Staff Recommendation (April 6, 2016): Approval of the change of zoning from the "RS-TF/SP" Two -Family District with a Special Permit to the "RM -1" Multifamily 1 District. Vote Results: For: 7 Against: 0 Absent: 1 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RS- TF/SP" Two -Family District with a Special Permit to the "RM -1" Multifamily 1 District to allow reconstruction of an existing multifamily housing complex. The subject property is located within the boundaries of the Southeast Area Development Plan (ADP). Staff finds that the rezoning is consistent with the Comprehensive Plan and the Future Land Use Map, as well as the Southeast Area Development Plan. The rezoning is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the rezoning and would not have a negative impact on the surrounding neighborhood. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southeast Area Development Plan (ADP). The proposed rezoning to the "RM -1" Multifamily 1 District is consistent with the Southeast Area Development Plan and the adopted Future Land Use Plan's designation of the property as medium density residential. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 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 TG 110 Samuel Place, LP on behalf of HCS 310 LLC ("Owner"), by changing the UDC Zoning Map in reference to Carrollton Annex 3, Block C, from the "RS-TF/SP" Two -Family District with a Special Permit to the "RM -1" Multifamily 1 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of TG 110 Samuel Place, LP on behalf of HCS 310 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, April 6, 2016, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the "RS- TF/SP" Two -Family District with a Special Permit to the "RM -1" Multifamily 1 District, and on Tuesday, May 10, 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 by TG 110 Samuel Place, LP on behalf of HCS 310 LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Carrollton Annex 3, Block C, located on the west side of Carroll Lane between Copus Street and Houston Street (the "Property"), from the "RS-TF/SP" Two -Family District with a Special Permit to the "RM - 1" Multifamily 1 District (Zoning Map No. 045036), 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Page 2 of 2 N RS=6 SPi70= Ice _ Dat- Created: 3%2.1/2016 `0 Prepared -By: IvtteM n �D/ent of Developmentices n\ wt .. CASE: 0316-05 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 Exhibit A Aerial Overview Aerial I N PLANNING COMMISSION FINAL REPORT Case No. 0316-05 HTE No. 16-10000006 Planning Commission Hearing Date: April 6, 2016 Applicant & Legal Description Applicant: TG 110 Samuel Place, LP Representative: Gilbert M. Piette Owner: HCS 310 LLC Legal Description/Location: Carrollton Annex 3, Block C, located on the west side of Carroll Lane between Copus Street and Houston Street. Zoning Request From: "RS-TF/SP" Two -Family District with a Special Permit To: "RM -1" Multifamily 1 District Area: 4.162 acres Purpose of Request: To allow reconstruction of an existing multifamily affordable housing complex. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RS-TF/SP" Two -Family District with a Special Permit Medium Density Residential Medium Density Residential North "RS -6" Single -Family 6 District Low Density Residential Low Density Residential South "RS -6" Single -Family 6 District Low Density Residential Low Density Residential East "RS -6" Single -Family 6 District Low Density Residential Medium and Low Density Residential West "RS -6" Single -Family 6 District Low Density Residential Low Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southeast Area Development Plan and is planned for medium density uses. The proposed rezoning to the "RM -1" Multi -family 1 District is consistent with the adopted Future Land Use Map and the Southeast Area Development Plan. Map No.: 045039 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 190 feet of street frontage along Carroll Lane, which is a "01" Minor Residential Collector street. Planning Commission Final Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2013) Carroll Lane "01" Minor Residential Collector 60' ROW 40' paved 60' ROW 40' paved 6,762 ADT Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS-TF/SP" Two - Family District with a Special Permit to the "RM -1" Multi -family 1 District to allow reconstruction of an existing multifamily affordable housing complex. Development Plan: The applicant is proposing reconstruct 60 existing affordable multifamily units to make them more modern and efficient. The intent is to demolish seven existing buildings and reconstruct six buildings. The total square footage of the buildings would total approximately 69,068 square feet. The height of the existing buildings is 18 feet while the new buildings are proposed to be 19.5 feet for two-story buildings and 30 feet for three story buildings. A total of 152 parking spaces are proposed for the project. The project is expected to be constructed in one phase. The project also has an office/club house, a pool, and related structures. Existing Land Uses & Zoning: The subject property is zoned "RS-TF/SP" Two -Family with a special permit and consists of medium density uses. North, south and west of the subject property is zoned "RS -6" Single -Family 6 District and consists of low density residential uses. East of the subject property is zoned "RS -6" Single -Family 6 District and "RS-TF/SP" Two -Family District with a Special Permit and consists of low density residential uses. 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 Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Southeast Area Development Plan (ADP). The proposed rezoning to the "RM -1" Multi -family 1 District is consistent with the Southeast Area Development Plan and the adopted Future Land Use Plan's designation of the property as medium density. Additionally, the following are pertinent elements of the Comprehensive Plan and should be considered: • Comprehensive Plan Residential Policy Statement F: Medium density development, such as the proposed apartment complex, should be located with convenient access to an arterial or, along a collector that provides access to an arterial. • Comprehensive Plan Residential Policy Statement G: Design considerations for the proposed development should consider proximity to the adjacent single- family residential or low-density residential by limiting building height, providing screening fences or landscaping, building setbacks and other techniques to create an appropriate transition. Planning Commission Final Report Page 3 Department Comments: 1. The rezoning is consistent with the Comprehensive Plan and the Future Land Use Map. 2. The rezoning is consistent with the Southeast Area Development Plan. 3. The rezoning is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. 4. The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the rezoning. 5. The proposed rezoning would not have a negative impact on the surrounding neighborhood. 6. The existing use was approved via a Special Permit in 1980. The specific use permitted under the Special Permit was for a Senior Citizens Apartment/Hotel. 7. The rezoning if approved will apply the designation that more closely applies to the development as it currently exists and, to the redevelopment of the property as proposed. 8. The density of the project is 14.41 units per acre and is a density more similar to the townhouse district than the density permitted by the "RM -1" Multifamily 1 District (22 units per acre). 9. A Type B Buffer Yard will be required along the property lines between the proposed zoning district of "RM -1" Multifamily District 1 and the adjacent zoning districts of "RS -6" Single -Family 6 District. The Type B Buffer Yard includes a 10 - foot landscaped yard and 10 points achieved per UDC Table 7.9.7. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "RS-TF/SP" Two -Family District with a Special Permit to the "RM -1" Multifamily 1 District. Vote Results: For: 7 Against: 0 Absent: 1 Public Notification Number of Notices Mailed — 61 within 200 -foot notification area 12 outside notification area As of April 19, 2016: In Favor — 1 inside notification area — 0 outside notification area In Opposition — 2 inside notification area — 0 outside notification area Totaling 3.07% 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\0316-05 TG 110 Samuel Place, LP\Council Documents\Report- TG 110 Samuel Place, LP.docx CASE: 0316-05 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 in opposition Date Created: 3124/2016 'O Prepared2By:IvetteM Department of Deve/op ienttices\ ry —\h'O R1.F h, c SUBJECT\ PROPERTY Oyu LOCATION MAP 1i City of Corpus Christi - /nOovOD6 Development Services Dept. P.Q. Box 9277 Corpus Christi, Texas 78469-9277 (351) 826-3240 Located at 2406 Leopard Street REZONING APPLICATION Case No.: 0316-05 PC Hearing Date: Map No.: 045039 4/6/16 Proj.Mgc 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. Applicant: TG 110 Samuel Place, LP Mailing Address:8610 N. New Braunfels, Suite 500 Contact Person : Roger Canales Cily: San Antonio_ State: TX E-mail: ZIP: 78217 Phone: 2�) 821-4300 Cell: ( ) 2. Property Owner(s): TC 1 1 fl , Tnc . Mailing Address: RA1 n N New Rrallnfe1 s. Suite, 500 Contact Person : Roger Canales City: State: TX ZIP: 7 819 8 Phone: ( 210 ) 821-4300 E-mail: Cell: ( 210 ) 247-8192 3. Subject Property Address: 4315 Carroll Current Zoning & Use: RS -TF LN, Corpus Christ, TX Area of Request (SF/acres): 4.162 12 -Digit Nueces County Tax ID: 1379 Proposed Zoning &use: RM -1 Multifamily District 0030 0000 Subdivision Name: Carrollton Annex - 3 Legal Description if not platted: N/A Block: C Lot(s): Submittal Requirements: ® Early Assistance Meeting: Date Heid; ; with City Staff Steven Rhea, Project Manager II Land Use Statement ® Disclosure of interest in Copy of Warranty Reed 1F 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 I have pr vided the City.of orpus Christi with a complete application for review; that I am authorized to i e this rezoning as o hal e Property Owner(s), and the Informatio I is accurate. er or Agents Signature Gilbert M. Piette Owner or Agent's Printed Name Applicant's Signature C;i l Bert M _ Piet - to Applicant's Printed Name Office Use:Only: Date.Receivedr 3/11/16 Rezoning Fee; 1692.50 +,PUD Fee No. Sign's Required Sit/sign 0 Received By: BKP _ WP: SE + Sjgn. Fee jam_ = Total Fee 1702.50 SigniPosting Date: IMEVELOPMENTSVCStsKAREDIAND DEVELOPMENT APPLICATION FORMS4RE2ONINGtZONING APPLICATION 2015.000 Foran Revised 5/12/2015 APPOINTMENT OF AGENT As owner of the subject property, I hereby appoint the person designated below to act for mc, as my agent in this request. Name of Agent: TG110 Samuel Place, LP Mailing Address: 8610 N. New Braunfels, Suite 500 City; San Antonio State; TX Zip: 78217 Nome Phone: ( Business Phone: ( 210 ) 8214300 an: ( I acknowledge and affirm that I will be legally bound by the words and acts of my agent, and by my signature below, I 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. I 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 I will have to personally participate in the disposition of the application. I 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, crnployees, and third parties who act 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 I have the legal authority to make this binding appointment o If of the entity, and every reference herein to 'T', "my", or "me" is a ref twee j'theentity. *Signature of Agent: Executive Director of Title:oole member Printed/Typed Name of Agent: Gilbert M. Piette/TG 100 Samuel Place, LP Date: 3/ t O/ t *Signature of Property Owner: irk Printed/Typed Name of Properly Owner: tt amo aytor Title: President Datc: 5f ?/ *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 a corporation or association. D.W.Brown.A P PO INTMENT OF AGENT?.-19.0P.dx 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: TG110 Samuel Place, LP Mailing Address: 8810 N. New Braunfels, Suite 500 City: San Antonio state: TX Zip: 78217 Home Phone: f 1 Business Phone: f 210 ) 821-4300 Cell: ( I acknowledge and affirm that I will be legally bound by the words and acts of my agent, and by my signature below, I 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. I 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 I will have to personally participate in the disposition of the application. I 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 act 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 I have the legal authority to make this binding appointment on behalf of the entity, and every reference herein to "I", "my", or "me" is a refere Ice to the entity. *Signature of Agent: Printed/Typed Name of Agent: Gilbert M. Piet te,TG 110 Samuel Place, LP Executive Director of Title: sole member Date: r ' -/G *Signature of Property Owner Title: Executive Director Printed/Typed Name of Property Owner: Gilbert M. Piette/TG 110, Inc. Date: ,--‘174:77,-.7,:e..15" *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 a corporation or association. D W.Drown.APPOINTMENT OF AGENT2-19-09.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: TG110 Samuel Place, LP 18610 N. New Braunfels, Suite 500 STREET: See above CITU: San Antonio ZIP: 78217 FIRM is: 0 Corporation O Partnership O Sole Owner O Association 0 Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) N/A 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 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 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 CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Gilbert M. Piette Certifying Person: (Print Name) Signature of Certifying Person' `" , // Date: ---,01rC qf Title: F.xPru i vP lli rmrt-nr K DEVELOPMENTSVc31SNAREDIUWD DEVELOPMENT APPLICATION FORMSIREZON•NCADISC,; C19URE of INTERESTS STATEMENT 6.123015 DOC 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. Reconstruction of the existing 60 affordable units to make more modern and efficient. # of Existing Bldgs. 7 # of Proposed Bldgs. 6 # of Existing Units 60 # of Proposed Units 60 Sq. Ft. Existing Bldgs. unknown Sq. Ft. Proposed Bldgs._ 69,068 Bldg Ht Existing 18 Bldg Ht Proposed 2 story 19'.6 - 3 story 30' Parking Spaces Existing 126 Parking Spaces Proposed 152 Phase schedule of Dev. 1 Phase # of employees 6 employees Hours of Operations 24/7 Office Hours 9-6 Mon. -Fri. Identify the existing land uses adjoining the area of request: North - Single Family South - Single Family East - Street then Single Family West - Single Family C:WSE:RS TANYAR.00010ESKTOPEAI.Y USE ANNIXALLANDUSE STATEMENT FOR ZONINGADG ACI, 5111 581-.0.000 r 11 c9= =1, �:. ME . a _ sa Nessa ^a ass s[: SI slam MMata SONIC u.ss, r `0--t rr SSI alar Mala. —rr:--Mara. L..tet..„.. tee::.,aa_: ...SI rat=a S-- atStaa. ISIS SE as SS m:za-a. M:1= st_iii�: —laaarr IIIS SSSS sss i 1s1a lIMINIJIMZE:113CCiIE MW MMIM MR .,_, rr •e1.I -an^ i a a ate'* ^�� 93 n 11as! ta. MS a -N111[. a aaaa is a Mas G. rSsa: al lea -:,S fl MaSIMI ;t: sl SNS a' la- lelN ? a SS t3 SS M= Sair3 LTM inti to Ma n 1=C Nana IM Nana N1 MES Ziia: >I tS =SW t aETsalMrl .l. SS la sal Cr nem me;Ice RRAra t.G ^r1s: 1=t SPAM FI. s era; 4 arae. i=r, masass!=ssawl 4 Eat larr: Canes =arra I=L ssaa asss:a I=Simla; csraat><s raaC`l ssmm =s=eas C ass -1t... .-.L le leas. aSIMNEL MN Ms IR s_cs ss R s Mas a ss sa---`ia sail -.rite ala - ciasMa:t2,rl.ar_CYImme iL1..ia' --assss:C1 CIL M M • ars Ma M M. I•1= IM M ar ac .i arra 12. a Ma M a aaMN t Iet.arMa ICL sass: s. SIMS. IN =2 M2 .:cas.oaasaELL asrr:a a. M.111=._ =WM IELCI31,1•112eamel=t,101MS ea rasa la s s; Q.ssss C Ness as s e aI=L MMtaC RMS C 'ass a Q. 1 SIRE I4 Baa sats: a. GI. Masar3.ass-la=ss- f3.aM s era s ease: a MMM-cn---a Mss -c .s—tZ isa—= 0--- a 0111IC tS aaar ms1 Na m Mlra rr CE CCCJr IaCCC C LL" rCCr IZE CC ra tY tCCa Q izEiszommillil --=,,,,,,.=,,,==,,,==..,..... ra :rte rar .arr.. —� .41..11 ,.. =. ..,==. MIMIC St sew SECS CS IS SOUS Stat al, =II IM _a Q.1s M am^ -• .^ .. Vii'_^ i a ,isS �;_ IS .4 am . : Irat133 . Mrt CM c-ater�1.`. caC M1E. MEM' 1.3.13=1 rt l=L1i..t=L :.1c:�1 r-1�: S: l.M IE L rr Q._ 1=WMrr,• V= 1=L:-Mr.•:r'.7 MarEC ill I.11st:..31..11 1111111112111111111IIIIIIMITIIII K X110 a aM=mr l aIt^f • .rM�S —Saar- r a sssa 1=11.1=-1=11-11-w a Nes=t' r �i r�tT�+rrs! a. _aMI IICa Maas--: w=air®•.r IZEGEEL=_a Ma •=seL a..rry-r-. r _.x:res- a mni :c "lea .., I..r Mal ial .ilu. GATE ill L91_ 1 I 'saw' 1n.w00. .r et= un.a/ GROUND PLAY 5 ;OFFICE CLL B 1 60 TOTAL UNITS 152 PARKING SPACES 127 REQUIRED SPACES J -J - J 0 LCL U 4.162 ACRE SITE 10 10 20'6 .r 6y PROPSPERA CCmrr.ur.:l•j Ser;ices Samuel Place Apartments Corpus Christi, Texas Grp SP -1 a 1 11.nh:. :rbrtic:. ' t I SJA6r:11::.:: 111 ;.••w t 1 ,o-1...� _ I;:.`,4I ; I • y•11.:I F'.sten Ir..:. I - 1 5f, 1 1d r . -;a'. I a 1 Sar hdt L 44O_Y-----L--LL..L i•-• 2-_..k \ i..V•-; I- -- ,urs ; 6 --"L--..- , T---{{i��9 i 'et 1.• 1 _� - C...'141,11rt IS SQt. T ��V ` IE Crrcratc.r11.41 V SU•I.E 4.00 I. ^� sa..n4.3. i s J a + I= ▪ J ;I4 , ,I? I1A' t� M9y�4:ST t[ . 'µrt„ Iy „ V ' ;R ---- E�- 1,c.r..err... 14.4 ...1ia N 41.4031/,4 ,•-T - T. -G'4". --I--- - 1-- - i 4 -ILFE- _,. -11.i1..it jid 1 • I -�1 - I T ; ^ .1 jo :i ICALI IN 111▪ 1 �l.i5j.a urge... r. 0r ' 0Pa "PO1 *moue. • eeya.a t a1. pecan .u•oa.a • ort ra w ass,. .a ream Yah 0ao.4 .1l- c 4 K aces. Pt PIN P.171. ••'are Le . e.luua .CCe.1 •. t 61.0017 a.t taus... Y ..M ID 1.0 STATE OF T1IAS COUNTY OF POEM ,Laa-re u , hereby certify that 1 an the er f the lands s ihraced +.ilhln the bounden, o f the (eregoin[' that 1 have had said lands .eyed and subdivided •sshown, that all ho.n s r deli G ated to the public use forever; that a ents at shown are dedicated to the pull IC for the inatallation, aper*• tion. and use of pub' ie. urlTa les, and that the 101010.4 as wed• /or the purpose of description and dedwication. Ie111� Ibis the 9 day GE.Jl.}.A A.Le. . 1900. ,a1. Port... STATE c1F TEXAS COUNTY OF MUMS 17101E NE, the undersigned authority. on gals dig Lawnlly appeared see r0Aana Lnhwn c0 -t to be the per:on .nose nave 11 subscril.c,I1e the loreto.nl Lnstru.rnt 00 sitting and .clno.ledird le r that d the sane for the c,,ry0sel and 10. aiderallont therein tap d sod In the capacity staled. GLVEN ,der }y and and seal of ff.,his the •%. A�� ih':7 --. 1900 ��1 144L k n A Airy %erces :'_r PLAT OF BLOCK C CARROLLTON ANNEX -3 Boa* A C[PI,AT OF BLOCKS A6B .L.tteeoLLrop: ANNEX -3 ASAPelcator.4 N .6.1171641A PAGE 2r"AP01. IS tcca2O5 Or ',WELLS COY4TY r 1* d.a 11- /56 X56 LOCATION MAP 01 Paeat $yr 17.71 OF 11141 WW1 Of newts 1. t.groo C. Crkae, 0.17.....1 m.Pl..stee.l Engineer for 0011* fnC1,E1h11C. 1.t.17 ...7111 .a.t the 1.ry.t.t Map was ,0,7..14 1,...n....sate - 1h. •....1 W.t el` d lee ..4 is 0... a.4 e.rr..t. .h.. 1 lave born ..tailed baler ceNtatt to set .11. let ..d Item .e..... as s1.... 1.e....e4 le 1..71.,t seal eye...1ees .111.., dater. 1010 the Z.L. der et O r _--. ss 11_. {J= E.. r C. C.Y.. -Twat La a . 11., 13101 01173 07 71141 COMM OF Mu10ES This (1.a7 Oar of the betel, dew1Yed p.rrrty vas approved by tar 04,..... • the reattoen..1 in,1..eele, .,4 lhtatul t4.. lemon. .t Or clap e1.pr e ?saes. T11r the _ Jar •1JAIX,pL, 1110._ tee Ste71 Or Tg181 COINTT Of MCILLS ie Th16 (teal plat of the 001.1. 1.01rlbod property ma. •,.Burd 07 the 71..01.0 Comitstoo of t1. City of Corpus Oa1st 1. 11..1; p...ld.d, here... 7011 q►retel shall ho 1n.etle end null vales. this plat a. .9th the Canty Clerk *11011 at. (el mantas hereafter. 1010 .h. GH dam •tiVeylrskr, 11 7.t. STARE 0r TEXAS 101wn OF 001x1.0 8o -04z 1. 1471.. Oe . Cloth of the County Gvrt IN . it ter ..14 CP. 7. es berth/ 0.011(y that .ht tot. In.1,.0rn1 dated .he 4 - 41. at F-earnsy9 11 (d7 tath Its 1311. 1t ill 1 lhrntl1.Il.. *a. Med 1 0014 1e ey •1T1A the�.. dam .!m R[fk, If JQ J. st ,a+•eleea , ...1...d duly •o••tad .0. Ji der et ZlierrA, 11 fp'. ac i0. 1Ie.k p..•., l..414 [Nary 10 retro, fate _/5f_ # 41.a dila* 101494 a. Mt..ef. or 1.4 .04 1061 et the 70.017 Cate. 1e end ter .014 Canty. •1 .111.. le Corp.. 01.1111. Teta., the 4.y end peat last wrttt.e. tee. /7a7a-qo/_ J_I tNi•1 GIL k/t JL C!__ 111.4 ler ..read Marten wn11 1i.017 CLO., Mee ce.ety. 7.11. .r/>:521•el.ok7 P e. QQ/L rnQrc,t / L • is .$ Ip. Mµ., Cdr vs, Marten Kehl Inger C1.111 Coat, Court Mottosp Coo113, Testa ��//� ? y art //J� L, s5.r E. ./, .1AreL�4) U wp•ty R�1 URBAN l{ ENGINEERING P6Tt S•I!•TG 1Lat.a r -.oar Josrto 9967 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, aue tienen la intencion de asistir a esta iunta v aue reauieren servicios especiales, se les suolica aue den aviso 48 horas antes de la junta Hernando al departamento de servicios de desarrollo, al niumero (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 junta v su irides es limited°, favor de (lamer al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0316-05 TG 110 Samuel Place, LP has petitioned the City of Corpus Christi to consider a change of zoning from the "RS-TF/SP" Two Family District with a Special Permit to the "RM -1" Multifamily 1 District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Carrollton Annex 3, Block C, located on the West side of Carroll Lane between Copus Street and Houston 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, April 6, 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 in-person, by telephone call or by letter. Printed Name: tl bK I. 4 Address: / 1 5 -�►'1 L > Ai O IN FAVOR ( ) IN OPPOSITION REASON: SEE MAP ON REVERSE SIDE Property Owner ID: 371 HTE# 16-10000006 ° I,� City/State: L ( ' f. (pi Phone: 3 G • Signature Case No 0316-05 Project Manager Dolores Wood 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 incaoacidades, aue tienen la intention de asistir a esta iuntay aue reauieren servicios especiales, se les suolica aue den aviso 48 horas antes de Ia junta Ilamando al departamento de servicios de desarrollo, al ni mero (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 Ia commission durante la iunta v su irides es limitado. favor de Ilamar al departamento de servicios de desarrollo al nimero (361) 826-3240 al menos 48 horas antes de Ia lunta_para solicitar un interorete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0316-05 TG 110 Samuel Place, LP has petitioned the City of Corpus Christi to consider a change of zoning from the "RS-TF/SP" Two Family District with a Special Permit to the "RM -1" Multifamily 1 District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Carrollton Annex 3, Block C, located on the west side of Carroll Lane between Copus Street and Houston 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, April 6, 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 in_person, by telephone call or by letter. Printed Name: %f/C `Y G4AXA Address: , C.e.,05 ( ) IN FAVOR (yN OPPOSITION REASON: /*PC/Pri/ SEE MAP ON REVERSE IDE Property Owner ID: 22 HTE# 16-10000006 1119)--- qz-e..1;11 Signature City/State: (.2,/ / Phone: (A/2_53 84'f 7 Case No 0316-05 Project Manager. Dolores Wood 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 incanacidades, aue tienen la intention de asistir a esta iunta v aue reauieren servicios especiales. se les suolica aue 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 inales es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la iunta para solicitar un interprete ser presente durante la Junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0316-05 TG 110 Samuel Place, LP has petitioned the City of Corpus Christi to consider a change of zoning from the "RS-TF/SP" Two Family District with a Special Permit to the "RM -1" Multifamily 1 District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Carrollton Annex 3, Block C, located on the west side of Carroll Lane between Copus Street and Houston 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, April 6, 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: J / Y xi 0 E -2 - Address: If3 / 7 C& 4 City/State: a0,4a14 -s C}{j2 S j ( ) IN FAVOR X) IN OPPOSITION Phone: (36 i) g53 - t%6 3 REASON: l /1/4' /✓een Fa lZ /i4ai<:✓ VANDAL; $n/-¢- ,BK,<G ti hmle S , SEE MAP ON REVERSE SIDE Property Owner ID: 4 HTE# 16-10000006 Case No. 0316-05 Project Manager. Dolores Wood 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, aue tienen la intencion de asistir a este junta v aue reauieren servicios especiales, se les suplica aue 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 Ia iunta v su inales es limitado, favor de Ilamar al Idepartamento de servicios de desarrollo al ntimero (361) 826-3240 al menos 48 horas antes de Ia junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0316-05 TG 110 Samuel Place, LP has petitioned the City of Corpus Christi to consider a change of zoning from the "RS-TF/SP" Two Family District with a Special Permit to the "RM -1" Multifamily 1 District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Carrollton Annex 3, Block C, located on the west side of Carroll Lane between Copus Street and Houston 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, April 6, 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 in person, by telephone call or by letter. Printed Name: L [& Tl-) E f{ K R i r. S 2. Address: 3.5) 3 C 0 e u R City/State: C 4Ia C HR/S T j Tx ?Pt r l ( ) IN FAVOR ( ) IN OPPOSITION REASON: Ater SNR SEE MAP ON REVERSE SIDE Property Owner ID: ,,FIDS. HTE# 16-10000006 FID #23 Phone: 3 4. 1.54S -69 4.2q 3 le / 1/2 - 4t 4 ! 57-71-4-R y i7_ JraM,�5 Signa ure Case No. 0316-05 Project Manager: Dolores Wood AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of May 10, 2016 Second Reading for the City Council Meeting of May 17, 2016 DATE: April 19, 2016 TO: Ronald L. Olson, City Manager FROM: Dan McGinn, AICP CFM, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Wastewater Collection System Master Plan Amendment for Service Area 5 of the Greenwood Wastewater Master Plan. CAPTION: Ordinance amending the Wastewater Collection System Master Plan Greenwood Wastewater Master Plan Service Area, Area 5, an element of the Comprehensive Plan of the City of Corpus Christi, Texas, by adding two lift stations, adjusting lift station basin boundaries, and realigning the proposed wastewater collection lines; amending related elements of the Comprehensive Plan of the City; providing for severance; and providing for publication. PURPOSE: The purpose of this item is to amend the Wastewater Master Plan to provide a more phased approach that will allow wastewater service to be provided in the area around North Padre Island Drive and Old Brownsville Road in a more expeditious manner. BACKGROUND AND FINDINGS: The current Greenwood Wastewater System Master Plan for Service Area 5 requires that a substantial amount of wastewater infrastructure be installed to the southwest of the plan area to develop the property along North Padre Island Drive. The proposed amendment will increase the number of lift stations by two and allow for a more phased approach for development within the Service Area 5 basin. The developer has an approved preliminary plat for 113.58 acres at the southeast corner of North Padre Island Drive and Old Brownsville Road. The developer would construct a majority of the improvements identified within the Old Brownsville Road (FM 665) Lift Station (green) area that would open up 286.20 acres for development. The proposed modification may increase overall costs to construct the system but will provide for immediate development opportunities for the area along North Padre Island Drive. ALTERNATIVES: Denial or alteration of the proposed Wastewater Collection System Master Plan amendment. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed Wastewater Collection System Master Plan amendment conforms to City policy. DEPARTMENTAL CLEARANCES: Wastewater Department Legal Finance Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Planning Commission and Staff recommend approval of the proposed Wastewater Collection System Master Plan. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibit Presentation Ordinance amending the Wastewater Collection System Master Plan Greenwood Wastewater Master Plan Service Area, Area 5, an element of the Comprehensive Plan of the City of Corpus Christi, Texas, by adding two lift stations, adjusting lift station basin boundaries, and realigning the proposed wastewater collection lines; amending related elements of the Comprehensive Plan of the City; providing for severance; and providing for publication. WHEREAS, the Planning Commission has forwarded to the City Council its recommendation concerning the amendments to the Wastewater Collection System Master Plan Greenwood W.R.P. Service Area, Area 5, an element of the Comprehensive Plan of the City of Corpus Christi, Texas; WHEREAS, Planning Commission held a public hearing on Wednesday, April 20, 2016, regarding amendments to the Wastewater Collection System Master Plan Greenwood W.R.P. Service Area, Area 5, during which all interested persons were allowed to appear and be heard; WHEREAS, City Council held a public hearing on Tuesday, May 10, 2016, regarding amendments to the Wastewater Collection System Master Plan Greenwood W.R.P. Service Area, Area 5, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that these amendments would best serve public health, necessity, and convenience, and the general welfare of the City of Corpus Christi and its citizens; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Wastewater Collection System Master Plan Greenwood W.R.P. Service Area, Area 5, an element of the Comprehensive Plan of the City of Corpus Christi, Texas (the "Comprehensive Plan"), is amended by adding two lift stations, adjusting lift station basin boundaries and realigning the proposed wastewater collection line, as shown on Exhibit "A," which is attached to this ordinance and incorporated into this ordinance by reference as if fully set out in its entirety. SECTION 2. To the extent the amendments made by this ordinance represent a deviation from the Wastewater Collection System Master Plan Greenwood W.R.P. Service Area, Area 5, the Wastewater Collection System Master Plan Greenwood W.R.P. Service Area, Area 5 is amended to conform to the amendments made by this ordinance. SECTION 3. The Wastewater Collection System Master Plan Greenwood W.R.P. Service Area, Area 5, as amended from time to time and except as changed by this ordinance, remains in full force and effect. SECTION 4. Any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 5. The City Council intends that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. Therefore, if any section, paragraph, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance. SECTION 6. Publication shall be made in the City's official as required by the City's Charter. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor ''r" 1 Tick 11171171 . "IIIIIY�I!IIIIIVIII �_ SEE EXHIBRS -v� WASTEWATER rCOI TION SYSTEM N !111111 RII I! GREENWW000 SERVICE A Sliil"ill L7 AREA 5 I111i11 b!1 IMPEP MK. IIIIIILJ MIME SEE EX WAS ATE' TEN ENWWO SEE EXH STEWATER C TEN NAS 000 SE AREA 5 IT 5B LLECPON RW E AREA ereo EMI :MIND I's°s goml—�q OoyM Xaa ''' Amea amilearr ebe L.4111. Moder esoe dere seem edam u up Smwm • haps. wMw --se— Securb Sear 0,Ie SY NS LS. SMILE M. CASS LS. SM. AKA OW MOWN. LS. Iffee 1.30 /MB 550550I. Land see ellaraelenatica were - Maty Maar N5nwas used wdk to x Aly xw rea Contours4. of rpse Cnho Limn Tam MAIBESENT WASTEWATER COLLECTION SYSTEM MASTER PLAN OWE/MOOD VNAPbSBflACE ATEA MEA ENGINEERING Zrxve /dr Amendment to the Wastewater Collection System Master Plan Greenwood WWTP Service Area 5 City Council Meeting May 10, 2016 Aerial Overview At N Adopted Plan — 11 ` - • YV SYSTEM MASTER PLAN GREEHWOOO WWTP SSFSAGE AREA AREA S EXH�BT SA 3 Adopted Plan Proposed Amendment Proposed Amendment AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of May 10, 2016 Second Reading for the City Council Meeting of May 17, 2016 DATE: April 20, 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 Ordinance - Revisions to Chapter 14, Article II, Technical Construction Codes CAPTION: Ordinance repealing and reenacting The Code of Ordinances, City of Corpus Christi Chapter 14, Article II, City of Corpus Christi Technical Construction Codes Divisions 1-8: Division 1, "Scope and Administration of Technical Construction Codes," Sections 14-201 thru 14-207. Division 2, "Building Code and Existing Building Code," Sections 14-231 thru 14-232. Division 3, "Electrical Code," Section 14-241. Division 4, "Energy Conservation Code," Section 14-251. Division 5, "Fuel Gas Code," Section 14-261. Division 6, "Mechanical Code," Section 14-271. Division 7, "Plumbing Code," Section 14-281. Division 8, "Residential Code," Section 14-291 PURPOSE: The purpose of adopting the 2015 International Building Code family, the 2014 National Electrical Code and Chapter 14, Article II, Technical Construction Code amendments is to recognize new construction materials and methodologies which incorporate the latest design standards to protect public health, safety and welfare. BACKGROUND FINDINGS: Ordinance No. 029343 was adopted on January 10, 2012 establishing the 2009 International Code family and 2008 National Electrical Code and Chapter 14, Article II, Technical Construction Code amendments as the Construction Codes for the City of Corpus Christi. These Codes and amendments do not reflect the latest industry approved materials, methodologies and design standards. The International Code Council and the National Fire Protection Association publish updated Codes on a three-year cycle. The latest published version of the International Code is the 2015 edition. The latest version of the National Electrical Code is the 2014 edition. We propose to skip the 2012 International Code edition and the 2011 National Electrical Code and formally adopt the 2015 International Code family and the 2014 National Electric Code. HB 1736 establishes the 2015 International Energy Code as the State of Texas Energy Code effective September 1, 2016. The bill also states the State Energy Conservation Office may not adopt a new Energy Code more often than every 6 years. Adoption of revised Construction Codes on a three-year cycle imposes challenges for the local Construction Industry as well as City staff. We recommend adopting updated Construction Codes on a six (6) year basis, rather than a three (3) year basis to minimize the challenges associated with Code updates. ALTERNATIVES: Denial or alteration of the proposed adoption of the 2015 International Code family, 2014 National Electrical Code and Chapter 14, Article II, Technical Construction Code amendments. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO POLICY: The proposed adoption conforms to City policy. EMERGENCY /NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of 2015 International Code family, 2014 National Electrical Code and Chapter 14, Article II, Technical Construction Code amendments. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance repealing and reenacting The Code of Ordinances, City of Corpus Christi Chapter 14, Article II, City of Corpus Christi Technical Construction Codes Divisions 1-8: Division 1, "Scope and Administration of Technical Construction Codes," Sections 14-201 thru 14-207. Division 2, "Building Code and Existing Building Code," Sections 14-231 thru 14-232. Division 3, "Electrical Code," Section 14-241. Division 4, "Energy Conservation Code," Section 14-251. Division 5, "Fuel Gas Code," Section 14-261. Division 6, "Mechanical Code," Section 14-271. Division 7, "Plumbing Code," Section 14-281. Division 8, "Residential Code," Section 14-291 WHEREAS, in furtherance of the public health, necessity, convenience, safety and the general welfare of the inhabitants of the City of Central ("City"), the City Council desires to update its ordinances to include the latest versions of the International Building Codes ("Code of Ordinances"); and WHEREAS, copies of said Codes of Ordinances are available in the office of the City Secretary for review and inspection by the public; and BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Chapter 14 - DEVELOPMENT SERVICES Cross reference— Administration, Ch. 2; beachfront management and construction, Ch. 10; code enforcement, housing and housing premises standards, and neighborhood improvement, Ch. 13; streets and sidewalks, Ch. 49; utilities, Ch. 55; zoning, Ch. 59. ARTICLE I. - RESERVED Secs. 14-1-14-200. - Reserved. ARTICLE II. - CITY OF CORPUS CHRISTI TECHNICAL CONSTRUCTION Editor's note—Ord. No. 029343, § 1, adopted Jan. 10, 2012, repealed the former Art. II, §§ 14-201-14300, and enacted a new Art. II as set out herein. The former Art. II pertained to similar subject matter. See the Code Comparative Table for full derivation. State Law reference— Municipal regulation of housing and other structures, V.T.C.A., Local Government Code § 214.001 et seq.; home rule municipality may require buildings to comply with energy conservation standards, V.T.C.A., Local Government Code § 214.901; municipal authority concerning substandard building, V.T.C.A., Local Government Code § 214.001; additional authority to secure substandard building, V.T.C.A., Local Government Code §§ 214.0011, 214.0015. Page 1 of 89 DIVISION 1. - SCOPE AND ADMINISTRATION OF TECHNICAL CONSTRUCTION CODES Sec. 14-201. - Purpose. 1.1 The purpose of this article is to provide for the scope and administration of the City of Corpus Christi Technical Construction Codes, including the City of Corpus Christi Building Code, Existing Building Code, Electrical Code, Energy Conservation Code, Fuel Gas Code, Mechanical Code, Plumbing Code, and Residential Code for One and Two Family Dwellings. 1.2 The City of Corpus Christi has adopted, with local amendments effective September 1, 2016, the International Code Council (ICC), 2015 editions of the International Building Code, Existing Building Code, Energy Conservation Code, Fuel Gas Code, Mechanical Code, Plumbing Code, and Residential Code for One and Two Family Dwellings and the National Fire Prevention Association (NFPA) National Electrical Code, 2014 edition, as the City's Electrical Code, copies of which, authenticated by the signatures of the mayor and city secretary, are made public record by sections 14-231 (Building Code), 14-232 (Existing Building Code), 14-241 (Electrical Code), 14-251 (Energy Conservation Code), 14-261 (Fuel Gas Code), 14271 (Mechanical Code), 14-281 (Plumbing Code), and 14-291 (Residential Code). 1.3 Copies of the adopted codes are on file in the city secretary's office. 1.4 Collectively these codes, as adopted and amended, are known as the City of Corpus Christi Technical Construction Codes, and are known individually as the City of Corpus Christi Building Code, Existing Building Code, Electrical Code, Energy Conservation Code, Fuel Gas Code, Mechanical Code, Plumbing Code, and Residential Code for One and Two Family Dwellings. Sec. 14-202. - Definitions. As used in this article and the city technical construction codes: Board means the applicable appeal or advisory board appointed by the city council, including the board landmark commission, and zoning board of adjustment, building code board of appeal, electrical advisory board, or mechanical/plumbing advisory board. Building inspector means an individual, designated by the building official as a building inspector, who has proper code certifications from a model code organization. Page 2 of 89 Building official means the person designated by the city manager to administer and enforce the city technical codes. The term also includes an individual designated in writing by the city manager to act on behalf of the building official. Building section means the section of inspections operations charged with responsibility for administration of the city building code and the residential code, except for the electrical, fuel gas, mechanical, and plumbing provisions. Certificate of occupancy means a certificate issued by the building official that authorizes occupancy of a building or structure or portions of a building or structure, for its authorized use, or temporary events. Change of use/occupancy means any change in the use, purpose, or level of activity within any building, or portion thereof that merits a change in application of the requirements of the present building code. City means the territory within the corporate limits of the city, or the legally constituted governing body of the city, its agents, employees, and its officers. Code enforcement official means the employee of the city designated in writing by the city manager to make application for administrative and criminal search warrants under authority of the Texas Code of Criminal Procedure, Article 18.05, as the warrants may be necessary to enforce any provision of the Code of Ordinances of the City of Corpus Christi or other municipal ordinances duly promulgated. Design professional means a registered architect or licensed professional engineer legally registered or licensed under the laws of this state, registered or licensed in this state, and regulating the practice of architecture or engineering. Director of development services means the department head who supervises the building official, the director of planning, and the special services engineer and oversees administration of inspections operations, planning, and special engineering services. Electrical inspector means an individual, designated by the building official as an electrical inspector, who holds a current and valid master electrician license issued pursuant to the Texas Department of License Regulation. Electrical section means the section of inspections operations charged with responsibility for administration of the city electrical code. Electrical system means any electrical wiring system and the appurtenances, apparatus, or equipment used in connection with the use of electrical energy in, on, outside, or attached to a building, residence, structure, property, or premises for light, heat, power, or signaling purposes. The term includes service entrance conductors, as defined by the National Electrical Code, and any ducts, raceways, or conduits for the reception or protection of wires or conductors. Page 3 of 89 Final inspection means the inspection that is made when the scope of building, electrical, energy conservation, fuel gas, mechanical, and plumbing work on a permit is complete. Floodplain administrator means the person designated in writing by the city manager who is responsible for administration of the city flood hazard prevention code. Fuel gas system means any piping, fixtures, appurtenances, and appliances that supply fuel gas from the fuel gas supply outside the building or premises to an appliance that utilizes fuel gas to produce light, heat, power, refrigeration, or air conditioning; any fuel utilization equipment, including any appliance that utilizes fuel gas to produce light, heat, power, refrigeration, or air conditioning; any equipment that utilizes a fuel gas; and any pipes or ducts used to carry the products of combustion from the fuel utilization equipment to the atmosphere. Inspection operations means the division within the department of development services charged with the responsibility for the administration of the city technical construction codes, and includes any employee of the city, who has been delegated authority to carry out duties relating to the administration of the technical construction codes. Inspector means an employee of the city, designated by the building official, to inspect structures, components, installations, and other work for compliance with the technical construction codes of the city. Licensed installer means a person who actually connects an irrigation system to a private or public raw or potable water supply system or any water supply, who is licensed under Chapter 34 of the Texas Water Code. Licensed irrigator means an irrigator who is licensed under Chapter 34 of the Texas Water Code. Licensed plumber means a person who holds a current and valid license issued pursuant to the Texas State Board of Plumbing Examiners, and under the Plumbing License Law. Licensed plumbing inspector means a person who holds a current and valid license issued pursuant to the Texas State Board of Plumbing Examiners and under the Plumbing License Law. Maintenance means the act of keeping in a state of safe operating condition any construction component, structural member, electrical, energy conservation, fuel gas, mechanical, or plumbing system or piece of equipment used inside or outside, attached or connected to any structure or building system by the replacement of components, members, or elements thereof, but may not include additions to, or replacement of any existing system or extension of a structure or system. Page 4 of 89 Mechanical/plumbing section means the section of inspections operations charged with responsibility for administration of the city fuel gas, mechanical, and plumbing codes. Mechanical system means any permanently installed systems used to control environmental conditions, such as the temperature, humidity, cleanliness, and distribution of air and related processes within a building or structure, and includes the equipment or a product in an environmental air conditioning system; hydronic piping systems; a commercial refrigeration system; and special heating systems, such as boilers, cooking equipment, fireplaces, kilns, stoves, furnaces, and dryers. Open -structure means a structure, or appurtenance, which is not enclosed or confined by walls or other barriers on more than fifty (50) per cent of its perimeter, i.e., two (2) sides of its perimeter walls (floor to ceiling), and permits the unobstructed flow of natural environmental air. Plumbing system means the water supply and distribution pipes; plumbing fixtures and traps; water treating or water -using equipment; soil, waste, and vent pipes; sanitary and storm sewers and building drains; and any piping, fixtures, appurtenances, and appliances, including disposal systems, drain or waste pipes, or any combination of these that supply, recirculate, drain, or eliminate water, storm water, fuel gas, medical gasses and vacuum, liquids, and sewage for all personal or domestic purposes in and about buildings where persons live, work, or assemble; connect buildings and structures with the source of water, gas, or other liquid supply, or combinations of these, on the premises, or the utility supply mains on public property; and carry waste water, sewage, or storm water from or within a building to the sewer service lateral or storm water system on public property or the disposal or septic terminal that holds private or domestic sewage. Service system means any electrical, energy conservation, fuel gas, mechanical, or plumbing system. Temporary or conditional certificate of occupancy means a certificate that authorizes temporary or conditional occupancy of an entire building or only those portions of a building that can be safely occupied prior to final completion and full occupancy of the building. A temporary certificate of occupancy may also be issued for temporary events or temporary structures that will be removed after a specified time. Sec. 14-203. - Damage to city infrastructure. 1.1 Every contractor and owner, who makes, contracts, or causes contracts to be made for the installation or repair of a building, structure, electrical, gas, mechanical, plumbing, or energy conservation system, shall repair or replace any component of the city's utility or street infrastructure that is damaged as a result of such installation or repair. 1.2 Repairs to the city's utility or street infrastructure must be completed to the satisfaction of the city's director of engineering services. Page 5 of 89 (Ord. No. 029343, § 1, 1-10-2012) Sec. 14-204. - Restrictions on employees. An officer or employee connected with inspections operations, except one whose only connection is as a member of an appeal board or advisory committee established by this code, may not be financially interested in the furnishing of labor, material, or appliances for the construction, alteration, or maintenance of a building, structure, service, system, or in the making of plans or of specifications thereof, unless he is the owner of such. This officer or employee may not engage in any other work, which is inconsistent with the officers or employee's duties or conflicts with the interests of the division. The City of Corpus Christi Code of Ethics govern the conduct of board members, officers, and employees of the city. (Ord. No. 029343, § 1, 1-10-2012) Sec. 14-205. - Registration (1) Electrical license law. 1.1 Licensing of Electricians and Electrical Contractors is regulated by Title 8, Texas Occupations Code, Chapter 1305 and 16 Texas Administrative Code and Chapter 73 administered by the Texas Department of License Regulation. 1.2 If an application for a permit indicates that the work, or any portion of the work to be done, is required by that law to be performed by a licensed electrician or electrical contractor, then the building official may issue the permit only if the applicant holds the required license and has paid the annual electrical contractor registration fee required by section 14-1313 Technical Construction Codes Fee Schedules. 1.3 The license holder must furnish a certificate of insurance evidencing the insurance coverage required by the Commissioner of Licensing and Regulations under Section 1302.102, Texas Occupations Code. 1.3.1 The insurance coverage must include a provision that in the event the coverage is canceled or reduced the insurance carrier will notify the inspections operations of the city at least ten (10) days prior to the cancellation or reduction in coverage. 1.3.2 A permit holder's permit may be suspended during any period in which the permit holder fails to maintain the required insurance coverage in effect. 1.4 Affidavit. A person licensed as an electrician or electrical contractor by the State of Texas may file an affidavit with inspections operations Page 6 of 89 authorizing a designated agent to apply for and receive permits in the person's behalf, and affirming that the licensed person assumes all responsibility for any permit obtained by the agent. (2) Mechanical license law. 2.1 Licensing of mechanical contractors is regulated by the Air Conditioning and Refrigeration Contractor License Law, Chapter 1302, Texas Occupations Code. 2.2 If an application for a permit indicates that the work, or any portion of the work to be done, is required by that law to be performed by a licensed mechanical contractor, then the building official may issue the permit only if the applicant holds the required license and has paid the annual mechanical contractor registration fee required by section 14-1313 Technical Construction Codes Fee Schedules. 2.3 The license holder must furnish building operations with a certificate of insurance evidencing the insurance coverage required by the Commissioner of Licensing and Regulations under Section 1302.102, Texas Occupations Code. 2.3.1 The insurance coverage must include a provision that in the event the coverage is canceled or reduced the insurance carrier will notify the inspections operations of the city at least ten (10) days prior to the cancellation or reduction in coverage. 2.3.2 A permit holder's permit may be suspended during any period in which the permit holder fails to maintain the required insurance coverage in effect. 2.4 Affidavit. A person licensed as a mechanical contractor by the State of Texas may file an affidavit with inspections operations authorizing a designated agent to apply for and receive permits in the person's behalf, and affirming that the licensed person assumes all responsibility for any permit obtained by the agent. (3) Plumbers license law. 3.1 Licensing of plumbers is regulated by "The Plumbing License Law", Chapter 1301 of the Texas Occupations Code. 3.2 If an application for a permit indicates that the work, or any portion of the work to be done, is required by the law to be performed by a licensed plumber, then the building official may issue the permit only if the applicant holds the required license. Page 7 of 89 3.3 Licensing of irrigators is regulated by Chapter 1903, Texas Occupations Code. 3.4 If an application for a permit indicates that the work to be done is required by the law to be performed by a licensed irrigator, then the building official may issue the permit only if the applicant holds the required license. 3.5 Agents. A person licensed by the state as an irrigator or as a master plumber may file an affidavit with inspections operations authorizing a designated agent to apply for and receive permits in the licensed person's behalf, and affirming that the licensed person assumes all responsibility for any permit obtained by the agent. (4) Contractor Registration 4.1 All Contractors, including, but not limited to building, roofing and pool contractors are required to register with the City prior to the issuance of a permit. 4.2 If an application for a permit indicates work, or any portion of the work to be done, is being perform by a Contractor, then the Building Official will issue the permit only if the applicant holds the appropriate city registration. 4.3 Agents. A person registered by the city as a Contractor may file an affidavit with inspections operations authorizing a designated agent to apply for and receive permits in the registered person's behalf, and affirming that the registered assumes all responsibility for any permit obtained by the agent. (Ord. No. 029343, § 1, 1-10-2012) Sec. 14-206. - Technical construction boards. (1) Building code board of appeals. 1.1 Appointment. There is hereby established the building code board of appeals which shall consist of seven (7) members. The board shall be appointed by the city council. This board shall have the guidance and assistance of the building official. 1.2 Membership and terms. 1.2.1 Membership. The building code board of appeals shall be composed of one (1) architect, one (1) general contractor, one (1) Page 8 of 89 engineer, three (3) members at -large from the building industry, and one (1) member not connected with the building industry. 1.2.2 Terms. Members shall be appointed for terms of four (4) years. All new appointments of members shall be for a term of two (2) years. Terms shall be staggered, so that no more than three (3) terms expire in any calendar year. The term of each member shall continue until a successor is appointed, subject to limitations of the City Charter or a term limitation established by ordinance. Any board member may be removed by the city council for cause. A vacancy shall be filled for an unexpired term in the same manner in which original appointments are required to be made. Absence of any member from regular board meetings shall be cause for removal from office in accordance with the City Code of Ordinances. 1.2.3 Quorum and voting. Four (4) members of the board shall constitute a quorum. In varying the application of any provision of this code or in modifying an order of the building official, affirmative votes of the majority present, but not less than four (4) affirmative votes, are required. No board member shall act in a case in which he or she has a personal or substantial interest in violation of the City Code of Ethics. 1.2.4 Secretary of the board. The building official or his authorized representative shall act as secretary of the board. The secretary shall make a detailed record of all board proceedings which shall set forth the board's reasons for a decision, each member's vote, any member's absence, and any failure of a member to vote. A record of all business conducted by the board shall be maintained in the offices of the inspection division. 1.3 Powers. The building code board of appeals shall have the power to hear individual appeals of decisions and interpretations of the building official on rulings and alternate materials and methods of construction and consider individual variances of the City Building Code, Existing Building Code, Residential Construction Code, Flood Hazard Prevention Code, and Energy Conservation Code. Furthermore, the building code board of appeals shall have the power, after having obtained public comment, to recommend to the city council changes to the City Building Code, Existing Building Code, Residential Construction Code, Flood Hazard Prevention Code, and Energy Conservation Code. 1.4 Appeals of decision of the building official. 1.4.1 Right to appeal. The owner of a building or structure or his duly authorized agent may appeal the decision of the building official to Page 9 of 89 the building code board of appeals whenever one (1) of the following conditions are claimed to exist: 1.4.1.1 The building official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the erection or alteration of a building or structure. 1.4.1.2 The provisions of the code do not apply to the specific case. 1.4.1.3 That an equally good or more desirable form of construction can be employed in the specific case. 1.4.1.4 The true intent and meaning of this code or any regulation thereunder have been misconstrued or incorrectly interpreted. 1.4.2 Notice of appeal. Notice of appeal shall be in writing and filed within ninety (90) days after the decision is rendered by the building official. Appeals shall be on a form provided by the building official. An application fee shall accompany the notice of appeal. 1.4.3 Unsafe or dangerous buildings or service systems. In the case of a building or structure which, in the opinion of the building official, is unsafe, unsanitary, or dangerous, the building official may in his order limit the time for an appeal to a shorter period. 1.4.4 Authority to grant variance. The building code board of appeals, when so appealed to and after a hearing, may vary the application of any provision of the City Building Code or Flood Hazard Prevention Code to any particular case when, in the board's opinion, enforcement thereof would do manifest injustice and be contrary to the spirit and purpose of these codes or the public interest or when, in the board's opinion, the interpretation of the provision's application by the building official should be modified or reversed. In varying such application, the board must find all of the following: 1.4.5 That special conditions and circumstances exist which are peculiar to the building, structure, or service system involved and not applicable to others. 1.4.5.1 That such special conditions and circumstances do not result from the action or inaction of the applicant. Page 10 of 89 1.4.5.2 That granting the variance request will not confer upon the applicant any special privilege that is denied by the Building Code or Flood Hazard Prevention Code to others. 1.4.5.3 That the variance granted is the minimum variance that will make possible reasonable use of the building, structure, or service system. 1.4.5.4 That the granting of the variance request will be in harmony with the general intent and purpose of the City Building Code or Flood Hazard Prevention Code and not detrimental to the public health, safety, and general welfare. 1.4.6 Conditions of the variance. In granting the variance request, the board may prescribe a reasonable time limit within which the action for which the variance is granted shall be commenced or completed or both. The board may also prescribe appropriate conditions and safeguards in conformity with the City Building Code or Flood Hazard Prevention Code. A violation of any such condition constitutes a violation of this code. 1.5 Procedures of the board. 1.5.1 Rules and regulations. The board shall establish rules and regulations for its own procedure that are not inconsistent with the provisions of this code. 1.5.2 Organization. The board shall elect a chairman and vice chairman during the first meeting of each calendar year. Members elected chairman and vice chairman shall serve during the calendar year in which elected. If a vacancy occurs in the office of chairman or vice chairman, the board shall elect a replacement to serve out the unfilled term. 1.5.3 Frequency of meetings. The board shall hold a regular meeting at least once each calendar quarter on the third Thursday of the month in which called. The board shall meet on the call of the chairman or on the call of a majority of members for such special or called meetings as deemed necessary for the board's proper performance of duties. 1.5.4 Decisions. 1.5.4.1 The building code board of appeals shall in every case reach a decision without unreasonable or unnecessary delay. Page 11 of 89 1.5.4.2 A decision of the building code board of appeals to vary the application of any provision of the City Building Code or Flood Hazard Prevention Code or modify an order of the building official shall specify in what manner such variation or modification is made, any conditions upon which it is made, and the reasons therefor. 1.5.5 Appeal to city council. The building official and the person requesting a decision from the board may appeal a decision of the building code board of appeals to the city council; provided, however, that if the decision is not appealed, the decision of the board shall become final in thirty-one (31) days. 1.6 Suspension or revocation of registrations. 1.6.1 Authority of Building Code Board of Appeal. The board may suspend or revoke the registration of any Contractor, who after a hearing, is found guilty of: 1.6.1.1 Using fraud or deceit to obtain a building or roofing contractors' registration. 1.6.1.2 Any gross negligence, incompetency, or misconduct in the performance of contracted work within the jurisdiction of the city. 1.6.2 Filing complaints. 1.6.2.1 Any person who has been aggrieved by the action of a Contractor in the performance of work for which a building permit is required by this article or the city's building code may file a complaint with the Building Official. 1.6.2.2 Any officer or employee of the city, who is aware of any facts that would indicate that a Contractor, who holds a registration issued by the city, has knowingly and intentionally violated any provisions of this article or the city's building code must file a complaint with the Building Official. 1.6.2.3 The compliant must be in writing and sworn to by an official authorized to administer an oath. 1.6.2.4 The complaint must state the facts that could support a finding that a Contractor has knowingly and intentionally violated any provisions of this article or the city's building Page 12 of 89 code, or that a Contractor has performed work in an incompetent or negligent manner. 1.6.3 Review of grievances. 1.6.3.1 It is the responsibility of the Building Official to review and investigate complaints and grievances. 1.6.3.2 If the Building Official determines that a complaint or grievance has merit and the board should conduct a hearing to determine whether a Contractors' registration should be revoked or suspended, the Building Official may refer the grievance or complaint to the board. 1.6.4 Board hearing. 1.6.4.1 Upon receipt of a recommendation from the Building Official that the board conduct a hearing to determine whether to revoke or suspend a Contractors' registration, if the board deems the complaint or grievance sufficient to support further action on its part, will set a public hearing on the complaint or grievance at a specified time and place. 1.6.4.2 The secretary of the board, with the advice of the city attorney, will cause a copy of the board's order and of the information to be served upon the Contractor by certified mail at least thirty (30) days before the hearing date. 1.6.4.3 The registered Contractor may appear in person or by counsel at the hearing. 1.6.4.4 The city attorney, as directed by the city manager, will provide counsel for the board. 1.6.4.5 If the Contractor fails or refuses to appear, the board may proceed to hear and determine the charge in the Contractors' absence. 1.6.4.6 If the registered Contractor confirms the allegations, or if, upon a hearing of the complaint or grievance, the board determines the complaint or grievance to be true, it may suspend or revoke the registration. 1.6.4.7 Upon completion of its hearing, the board shall file its findings and recommendations with the city secretary. The city secretary will provide a copy of the board's Page 13 of 89 decision and the record of the proceedings to the city council. 1.6.4.8 The board's secretary shall also forward a certified copy of the board's findings to the Contractor. 1.6.5 Suspension of a registration. 1.6.5.1 In the event of a decision to suspend the Contractors' registration, the board must specify: 1.6.5.2 The length of the suspension, for a period not to exceed one (1) year. 1.6.5.3 The Building Official will reissue the Contractors' registration at the end of the suspension period upon payment of any required fees. 1.6.5.4 The notice of the suspension and reinstatement of the Contractors' registration will be filed in the Contractors' record. A copy will be provided to the Contractor. 1.6.6 Revocation of registration. 1.6.6.1 In the event a decision to revoke the Contractors' registration, the board must specify: 1.6.6.2 The length of time before the Contractor may apply for a new registration or when the applicant will be allowed to reapply for the revoked registration. The period must be at least one (1) year, but not more than three (3) years. 1.6.6.3 The notice of the revocation of the Contractors' registration will be filed in the Contractors' record. A copy will be provided to the Contractor. 1.6.6.4 After the minimum length of time, the Contractor may reapply for the registration that was revoked. 1.6.7 Appeal to city council. 1.6.7.1 A Contractor, whose registration has been revoked or suspended by the board, may appeal the revocation or suspension to the city council within thirty (30) days of the board's findings. Page 14 of 89 1.6.7.2 The appeal must be filed with the city secretary, and state the reasons the board's decision should be modified or reversed. 1.6.7.3 The city secretary will: 1.6.7.3.1 Schedule the hearing before the city council. 1.6.7.3.2 Notify the Contractor of the time and date of the hearing. The notice must be given to the Contractor by certified mail at least five (5) days prior to the date the hearing. 1.6.7.3.3 Provide a copy of the proceedings before the board to the city council. 1.6.7.3.4 The hearing will be based on the record of the board's hearing. 1.6.7.3.5 After the hearing on the appeal, the city council may uphold, amend, or set aside the findings of the board. 1.6.7.3.6 Violation of order. It is unlawful for any person, firm or corporation whose rights under a registration have been suspended or revoked by the city council to engage in or do contracted work. (2) Electrical advisory board. 2.1 Appointment. There is hereby established the electrical advisory board which shall consist of ten (10) members. The board shall be appointed by the city council. This board shall have the guidance and assistance of the building official. 2.2 Membership and terms. 2.2.1 Membership. Persons who serve on the electrical advisory board as members shall be qualified as follows: 2.2.1.1 Two (2) persons, each of whom shall have at least five (5) years of active experience as a master electrician. 2.2.1.2 One (1) person who shall have at least five (5) years of active experience as a journeyman electrician. Page 15 of 89 2.2.1.3 Two (2) engineers, one (1) of whom shall have a bachelor of science degree in electrical engineering and a minimum of five (5) years of experience in the practice of electrical engineering. Preference for appointment may be given to professional engineers licensed in the State of Texas. 2.2.1.4 One (1) person who shall have at least five (5) years of experience in the commercial building industry. 2.2.1.5 One (1) person who shall have at least five (5) years of experience in the home building industry. 2.2.1.6 One (1) person who is a resident of the city and not connected with the electrical industry. 2.2.1.7 One (1) person who shall be a field representative from a utility power distribution company that services the Corpus Christi area and have had at least five (5) years of experience. 2.2.1.8 One (1) person who shall have at least five (5) years of experience in the electrical supply business. 2.2.2 Terms. Members shall be appointed for staggered terms of two (2) years. The term of each member shall continue until a successor is appointed, subject to limitations of the City Charter or a term limitation established by ordinance. Any board member may be removed by the city council for cause. A vacancy shall be filled for an unexpired term in the same manner in which original appointments are required to be made. Absence of a member from regular board meetings shall be cause for removal from office in accordance with the City Code of Ordinances. 2.2.3 Quorum and voting. Six (6) members of the board present at any meeting shall constitute a quorum for the transaction of business. A concurring vote of not less than six (6) board members is necessary to constitute an official board action. No board member shall act in a case in which he or she has a personal or substantial interest in violation of the City Code of Ethics. 2.2.4 Secretary of board. The building official or his authorized representative shall act as secretary of the board. The secretary shall make a detailed record of all board proceedings which sets forth the reasons for any board decision, each member's vote, any member's absence, and any failure of a member to vote. A Page 16 of 89 record of all business conducted by the board shall be maintained in the offices of the inspection division. 2.3 Powers. The electrical advisory board shall review grievances filed against any registered electrical contractor and other grievances filed within the scope of the City Electrical Code and concur on a proposed alternative material, alternate method of construction, or technical ruling prior to such alternative or ruling becoming effective. Furthermore, the electrical advisory board shall have the power, after having obtained public comment, to recommend to the city council changes to the City Electrical Code. 2.3.1 Appeals of rulings and decisions regarding alternative materials and methods of construction. Both the building official and the electrical advisory board must concur with a proposed alternative material, alternative method of construction, or technical ruling prior to such alternative or ruling becoming effective. An appellant may appeal a decision of the building official or the electrical advisory board to the city council. The building official may appeal a decision of the electrical advisory board to the city council. 2.3.2 Notice of appeal. Notice of appeal shall be in writing and filed within ninety (90) calendar days after the decision is rendered. 2.3.3 Unsafe or dangerous buildings or service systems. In the case of a building, structure, or service system which, in the opinion of the building official, is unsafe, unsanitary, or dangerous, the building official may in his order limit the time for an appeal to a shorter period. 2.4 Procedures of the board. 2.4.1 Rules and regulations. The board shall establish rules and regulations for its own procedure that are not inconsistent with the provisions of this code. 2.4.2 Organization. The board shall elect a chairman and vice chairman during the first meeting of each calendar year. Members elected chairman and vice chairman shall serve during the calendar year in which elected. If a vacancy occurs in the office of chairman or vice chairman, the board shall elect a replacement to serve out the unfilled term in the same manner as the chairman and vice chairman were elected. 2.4.3 Frequency of meetings. The board shall hold a regular meeting at least once each calendar quarter on the third Thursday of the Page 17 of 89 month in which called. The board shall meet on the call of the chairman or on the call of a majority of members for such special or called meetings as deemed necessary for the board's proper performance of duties. 2.4.4 Decisions. The electrical advisory board shall in every case reach a decision without unreasonable or unnecessary delay. 2.5 Appeal to city council. The building official and the person requesting a decision from the board may appeal a decision of the electrical advisory board to the city council; provided, however, that if the decision is not appealed, the decision of the board shall become final in thirty-one (31) days. 2.6 Suspension or revocation of registrations. 2.6.1 Authority of electrical advisory board. The board may suspend or revoke the registration of any electrician, who after a hearing, is found guilty of: 2.6.1.1 Using fraud or deceit to obtain an electrician's registration. 2.6.1.2 Taking out electrical permits in the name of some person, firm or corporation authorized by law to do electrical work and then permitting a person without a proper license to do the work. 2.6.1.3 Any gross negligence, incompetency, or misconduct in the performance of electrical work within the jurisdiction of the city. 2.6.2 Filing complaints. 2.6.2.1 Any person who has been aggrieved by the action of an electrician in the performance of electrical work for which an electrical permit is required by this article or the city's electrical code may file a complaint with the Building Official. 2.6.2.2 Any officer or employee of the city, who is aware of any facts that would indicate that an electrician, who holds a registration issued by the city, has knowingly and intentionally violated any provisions of this article or the city's electrical code must file a complaint with the Building Official. Page 18 of 89 2.6.2.3 The compliant must be in writing and sworn to by an official authorized to administer an oath. 2.6.2.4 The complaint must state the facts that could support a finding that an electrician has knowingly and intentionally violated any provisions of this article or the city's electrical code, or that an electrician has performed electrical work in an incompetent or negligent manner. 2.6.3 Review of grievances. 2.6.3.1 It is the responsibility of the Building Official to review and investigate complaints and grievances. 2.6.3.2 If the Building Official determines that a complaint or grievance has merit and the board should conduct a hearing to determine whether an electrician's registration should be revoked or suspended, the Building Official may refer the grievance or complaint to the board. 2.6.4 Board hearing. 2.6.4.1 Upon receipt of a recommendation from the Building Official that the board conduct a hearing to determine whether to revoke or suspend an electrician's registration, if the board deems the complaint or grievance sufficient to support further action on its part, will set a public hearing on the complaint or grievance at a specified time and place. 2.6.4.2 The secretary of the board, with the advice of the city attorney, will cause a copy of the board's order and of the information to be served upon the electrician by certified mail at least thirty (30) days before the hearing date. 2.6.4.3 The electrician may appear in person or by counsel at the hearing. 2.6.4.4 The city attorney, as directed by the city manager, will provide counsel for the board. 2.6.4.5 If the electrician fails or refuses to appear, the board may proceed to hear and determine the charge in the electrician's absence. Page 19 of 89 2.6.4.6 If the registered electrician confirms the allegations, or if, upon a hearing of the complaint or grievance, the board determines the complaint or grievance to be true, it may suspend or revoke the registration. 2.6.4.7 Upon completion of its hearing, the board shall file its findings and recommendations with the city secretary. The city secretary will provide a copy of the board's decision and the record of the proceedings to the city council. 2.6.4.8 The board's secretary shall also forward a certified copy of the board's findings to the electrician. 2.6.5 Suspension of a registration. 2.6.5.1 In the event of a decision to suspend the electrician's registration, the board must specify: 2.6.5.1.1 The length of the suspension, for a period not to exceed one (1) year. 2.6.5.1.2 The Building Official will reissue the electrician's registration at the end of the suspension period upon payment of any required fees. 2.6.5.1.3 The notice of the suspension and reinstatement of the electrician's registration will be filed in the electrician's record. A copy will be provided to the electrician. 2.6.6 Revocation of registration. 2.6.6.1 In the event a decision to revoke the electrician's registration, the board must specify: 2.6.6.1.1 The length of time before the electrician may apply for a new registration or when the applicant will be allowed to reapply for the revoked registration. The period must be at least one (1) year, but not more than three (3) years. 2.6.6.1.2 The notice of the revocation of the electrician's registration will be filed in the Page 20 of 89 electrician's record. A copy will be provided to the electrician. 2.6.6.1.3 After the minimum length of time, the electrician may reapply for the registration that was revoked. 2.6.7 Appeal to city council. 2.6.7.1 An electrician, whose registration has been revoked or suspended by the board, may appeal the revocation or suspension to the city council within thirty (30) days of the board's findings. 2.6.7.2 The appeal must be filed with the city secretary, and state the reasons the board's decision should be modified or reversed. 2.6.7.3 The city secretary will: 2.6.7.3.1 Schedule the hearing before the city council. 2.6.7.3.2 Notify the electrician of the time and date of the hearing. The notice must be given to the electrician by certified mail at least five (5) days prior to the date the hearing. 2.6.7.3.3 Provide a copy of the proceedings before the board to the city council. 2.6.7.3.4 The hearing will be based on the record of the board's hearing. 2.6.7.3.5 After the hearing on the appeal, the city council may uphold, amend, or set aside the findings of the board. 2.6.7.3.6 Violation of order. It is unlawful for any person, firm or corporation whose rights under a registration have been suspended or revoked by the city council to engage in or do electrical work. (3) Mechanical/plumbing advisory board. 3.1 Appointment. There is hereby established the mechanical/plumbing advisory board which shall consist of eleven (11) members. The board Page 21 of 89 shall be appointed by the city council. This board shall have the guidance and assistance of the building official. 3.2 Membership and terms. 3.2.1 Membership. Persons who serve on the mechanical/ plumbing advisory board as members shall be qualified as follows: 3.2.1.1 Three (3) persons, each of whom shall have at least five (5) years of active experience as a plumber, at least three (3) years of which shall have been in Corpus Christi; At least two (2) of these persons shall be or have been licensed as master plumbers. Preference for appointment may be given to plumbers licensed in the State of Texas and currently active in the plumbing trade. 3.2.1.2 One (1) person who shall have at least five (5) years of active experience as a mechanical engineer. Preference for appointment may be given to professional engineers licensed in the State of Texas. 3.2.1.3 One (1) person who shall have at least five (5) years of experience in the home building industry. 3.2.1.4 One (1) person who shall have at least five (5) years of experience in the commercial building industry. 3.2.1.5 Three (3) persons, each of whom shall have at least five (5) years of active experience in the heating, ventilation, air conditioning, and refrigeration contracting business. Preference for appointment may be given to persons licensed in the State of Texas in heating, ventilation, air conditioning, and refrigeration contracting (HVAC). 3.2.1.6 One (1) person who shall have at least five (5) years of active experience in landscape irrigation. Preference for appointment may be given to irrigators licensed in the State of Texas. 3.2.1.7 One (1) person not connected with the building industry. 3.2.2 Terms. Members shall be appointed for terms of two (2) years. The term of each member shall continue until a successor is appointed, subject to limitations of the City Charter or a term limitation established by ordinance. Any board member may be removed by the city council for cause. A vacancy shall be filled Page 22 of 89 for an unexpired term in the same manner in which original appointments are required to be made. Absence of a member from regular board meetings shall be cause for removal from office in accordance with the City Code of Ordinances. 3.2.3 Quorum and voting. Six (6) members of the board present at any meeting shall constitute a quorum for the transaction of business. A concurring vote of not less than six (6) board members shall be necessary to constitute an official action of the board. No board member shall act in a case in which he or she has a personal or substantial interest in violation of the City Code of Ethics. 3.2.4 Secretary of board. The building official or his authorized representative shall act as secretary of the board. The secretary shall make a detailed record of all board proceedings which shall set forth the reasons for any board decision, each member's vote, any member's absence, and any failure of a member to vote. A record of all business conducted by the board shall be maintained in the offices of the building inspection division. 3.3 Powers. 3.3.1 Advice and recommendations. The mechanical/plumbing advisory board shall advise the city manager regarding any matter in the mechanical, plumbing, and irrigation fields that it considers should be brought to the attention of the city council. Furthermore, the mechanical/plumbing advisory board shall have the power, after having obtained public comment, to recommend to the city council changes to the City Fuel Gas, Mechanical, and Plumbing Codes. 3.3.2 Alternate materials. The mechanical/plumbing advisory board may concur with a proposed alternative material, alternative method of construction, or technical ruling. Both the building official and the mechanical/plumbing advisory board must concur with a proposed alternative material, alternative method of construction, or technical ruling prior to such alternative or ruling becoming effective. In no case may the board concur with an alternative material, alternative method of construction, or technical ruling that is contrary to or does not meet or exceed the standards set by the technical construction codes as adopted by the city council. 3.3.3 Appeals. The mechanical/plumbing advisory board shall rule on appeals within the scope of the fuel gas, mechanical, and plumbing codes. Page 23 of 89 3.3.3.1 Notice of appeal. Notice of appeal shall be in writing and filed within ninety (90) calendar days after the decision is rendered by the building official. An appeal shall be made on a form provided by the building official. 3.3.3.2 Unsafe or dangerous buildings or service systems. In the case of a building, structure, or service system which, in the opinion of the building official, is unsafe, unsanitary, or dangerous, the building official may in his order limit the time for appeals to a shorter period. 3.3.4 Grievances. The mechanical/plumbing advisory board shall review grievances within the scope of the fuel gas, mechanical, and plumbing codes. 3.4 Procedures of the board. 3.4.1 Rules and regulations. The board shall establish rules and regulations for its own procedure that are not inconsistent with the provisions of this code. 3.4.2 Organization. The board shall elect a chairman and vice chairman during the first meeting of each calendar year. Members elected chairman and vice chairman shall serve during the calendar year in which elected. If a vacancy occurs in the office of chairman or vice chairman, the board shall elect a replacement to serve out the unfilled term. 3.4.3 Frequency of meetings. The board shall hold a regular meeting at least once each calendar quarter on the second Thursday of the month in which called. The board shall meet on the call of the chairman or on the call of a majority of members for such special or called meetings as deemed necessary for the board's proper performance of duties. 3.4.4 Decisions. 3.4.4.1 The mechanical/plumbing advisory board shall in every case reach a decision without unreasonable or unnecessary delay. 3.4.4.2 A decision of the mechanical/plumbing advisory board to modify an order of the building official shall specify in what manner such modification is made, the condition upon which it is made, and the reasons thereof. Page 24 of 89 3.4.5 Interpretations. The board, when so appealed to and after a hearing, may render an interpretation of this code, decide that a provision of this code does not apply, approve or modify a request for an alternative method of construction or material submitted by the applicant for concurrence, or refuse an applicant's request. 3.5 Appeal to city council. The building official and the person requesting a decision from the board may appeal the decision of the mechanical/plumbing advisory board to the city council; provided, however, that if the decision is not appealed, the decision of the board shall become final in thirty one (31) days. 3.5.1 The applicant has the right to appeal a decision of the building official or the mechanical/plumbing advisory board to the city council. 3.5.2 The building official has the right to appeal a decision of the mechanical/plumbing advisory board to the city council. 3.6 Suspension or revocation of registrations. 3.6.1 Authority of Mechanical Plumbing Advisory Board. The board may suspend or revoke the registration of any mechanical or plumbing contractor, who after a hearing, is found guilty of: 3.6.1.1 Using fraud or deceit to obtain a mechanical or plumbing registration. 3.6.1.2 Taking out mechanical/plumbing permits in the name of some person, firm or corporation authorized by law to do mechanical/plumbing work and then permitting a person without a proper license to do the work. 3.6.1.3 Any gross negligence, incompetency, or misconduct in the performance of mechanical or plumbing work within the jurisdiction of the city. 3.6.2 Filing complaints. 3.6.2.1 Any person who has been aggrieved by the action of a mechanical or plumbing contractor in the performance of work for which a mechanical or plumbing permit is required by this article or the city's mechanical, plumbing or fuel gas code may file a complaint with the Building Official. Page 25 of 89 3.6.2.2 Any officer or employee of the city, who is aware of any facts that would indicate that a mechanical or plumbing contractor, who holds a registration issued by the city, has knowingly and intentionally violated any provisions of this article or the city's mechanical, plumbing or fuel gas code must file a complaint with the Building Official. 3.6.2.3 The compliant must be in writing and sworn to by an official authorized to administer an oath. 3.6.2.4 The complaint must state the facts that could support a finding that a mechanical or plumbing contractor has knowingly and intentionally violated any provisions of this article or the city's mechanical, plumbing or fuel gas code, or that a mechanical or plumbing contractor has performed building work in an incompetent or negligent manner. 3.6.3 Review of grievances. 3.6.3.1 It is the responsibility of the Building Official to review and investigate complaints and grievances. 3.6.3.2 If the Building Official determines that a complaint or grievance has merit and the board should conduct a hearing to determine whether a mechanical or plumbing contractors' registration should be revoked or suspended, the Building Official may refer the grievance or complaint to the board. 3.6.4 Board hearing. 3.6.4.1 Upon receipt of a recommendation from the Building Official that the board conduct a hearing to determine whether to revoke or suspend a mechanical or plumbing contractors registration, if the board deems the complaint or grievance sufficient to support further action on its part, will set a public hearing on the complaint or grievance at a specified time and place. 3.6.4.2 The secretary of the board, with the advice of the city attorney, will cause a copy of the board's order and of the information to be served upon the mechanical or plumbing contractors by certified mail at least thirty (30) days before the hearing date. Page 26 of 89 3.6.4.3 The registered mechanical or plumbing contractor may appear in person or by counsel at the hearing. 3.6.4.4 The city attorney, as directed by the city manager, will provide counsel for the board. 3.6.4.5 If the mechanical or plumbing contractor fails or refuses to appear, the board may proceed to hear and determine the charge in the mechanical or plumbing contractors' absence. 3.6.4.6 If the registered mechanical or plumbing contractor confirms the allegations, or if, upon a hearing of the complaint or grievance, the board determines the complaint or grievance to be true, it may suspend or revoke the registration. 3.6.4.7 Upon completion of its hearing, the board shall file its findings and recommendations with the city secretary. The city secretary will provide a copy of the board's decision and the record of the proceedings to the city council. 3.6.4.8 The board's secretary shall also forward a certified copy of the board's findings to the mechanical or plumbing contractor. 3.6.5 Suspension of a registration. 3.6.5.1 In the event of a decision to suspend the mechanical or plumbing contractors registration, the board must specify: 3.6.5.1.1 The length of the suspension, for a period not to exceed one (1) year. 3.6.5.1.2 The Building Official will reissue the mechanical or plumbing contractors' registration at the end of the suspension period upon payment of any required fees. 3.6.5.1.3 The notice of the suspension and reinstatement of the mechanical or plumbing contractors' registration will be filed in the mechanical or plumbing contractors' record. A Page 27 of 89 copy will be provided to the mechanical or plumbing contractor. 3.6.6 Revocation of registration. 3.6.6.1 In the event a decision to revoke the mechanical or plumbing contractors, the board must specify: 3.6.6.1.1 The length of time before the mechanical or plumbing contractor may apply for a new registration or when the applicant will be allowed to reapply for the revoked registration. The period must be at least one (1) year, but not more than three (3) years. 3.6.6.1.2 The notice of the revocation of the mechanical or plumbing contractors' registration will be filed in the mechanical or plumbing contractors' record. A copy will be provided to the mechanical or plumbing contractor. 3.6.6.1.3 After the minimum length of time, the mechanical or plumbing contractor may reapply for the registration that was revoked. 3.6.7 Appeal to city council. 3.6.7.1 A mechanical or plumbing contractor, whose registration has been revoked or suspended by the board, may appeal the revocation or suspension to the city council within thirty (30) days of the board's findings. 3.6.7.2 The appeal must be filed with the city secretary, and state the reasons the board's decision should be modified or reversed. 3.6.7.3 The city secretary will: 3.6.7.3.1 Schedule the hearing before the city council. 3.6.7.3.2 Notify the mechanical or plumbing contractor of the time and date of the hearing. The notice must be given to the mechanical or plumbing contractor by certified mail at least five (5) days prior to the date the hearing. Page 28 of 89 3.6.7.3.3 Provide a copy of the proceedings before the board to the city council. 3.6.7.3.4 The hearing will be based on the record of the board's hearing. 3.6.7.3.5 After the hearing on the appeal, the city council may uphold, amend, or set aside the findings of the board. 3.6.7.3.6 Violation of order. It is unlawful for any person, firm or corporation whose rights under a registration have been suspended or revoked by the city council to engage in or do mechanical or plumbing work. (Ord. No. 029343, § 1, 1-10-2012; Ord. No. 029726, § 1, 1-22-2013; Ord. No. 030590, § 1, 8-25-2015) Sec. 14-207. - Violations and penalties. (1) Penalties. 1.1 Any person, firm, corporation or agent who violates a provision of this article or the technical construction codes, or fails to comply with any of the requirements of this article of the technical construction codes, or who erects, constructs, alters, installs, demolishes, or moves any structure, electrical, energy conservation, fuel gas, mechanical, or plumbing equipment or system, or has erected, constructed, altered, repaired, moved or demolished a building, structure, electrical, gas, mechanical or plumbing system, in a manner that varies from any detailed statements or drawings submitted and permitted under this article or the technical construction codes, is guilty of a misdemeanor and liable to a fine of not less than two hundred dollars ($200.00) and not more than two thousand dollars ($2,000.00). 1.2 Each day or portion of a day during which any violation of any of the provisions of this article or the technical construction codes is committed or continued is a separate violation. 1.3 Each owner of any building or structure failing to comply with any of the provisions of this article or the technical construction codes, and each owner of any premises where a violation of the provisions of this article or the technical construction codes occurs, and any architect, engineer, designer, builder, contractor, agent, person, firm, or corporation employed by the owner or owners of any building, who has assisted in Page 29 of 89 the commission of any violation of this article or the technical construction codes, is guilty of a separate offense. 1.4 Unless otherwise specifically stated within the provisions of this article or the technical construction codes, any violation of this article or the technical construction codes that is punishable by a fine that exceeds the amount authorized by Section 12.23 of the Texas Penal Code shall require a culpable mental state of "criminal negligence." (2) Injunction. In addition to the penal remedy in this section, the city attorney shall, upon the direction of the city manager, institute any appropriate action or proceeding, including actions for injunction to prevent, restrain, correct or abate any act, conduct, work, business, practice, or use which is in violation of and illegal as specified in this article or the technical construction codes. (Ord. No. 029343, § 1, 1-10-2012) Secs. 14-208-14-230. - Reserved. DIVISION 2. - BUILDING CODE AND EXISTING BUILDING CODE Sec. 14-231. - Building code. With the following additions, deletions, and revisions, the International Building Code, 2015 Edition, as published by the International Code Council, a copy of which, authenticated by the signatures of the mayor and city secretary, made public record by this section, and on file in the city secretary's office, is incorporated by reference and adopted as the Building Code for the City of Corpus Christi: (1) Section 101.1 of the International Building Code is revised to read as follows: 101.1 Title. These regulations shall be known as the Building Code of the City of Corpus Christi, hereinafter referred to as "this code." (2) Section 101.3 of the International Building Code is amended by adding new subsections 101.3.1 through 101.3.4 to read as follows: 101.3.1 General. The technical construction codes are remedial, and must be construed to secure the beneficial interests and purposes of the codes, which are public safety, health, and general welfare, through structural strength, stability, sanitation, adequate light and ventilation, energy conservation, accessibility, safety to life and property from fire, windstorms, flood hazards, and other hazards attributed to the built environment, including alteration, repair, removal, demolition, use, and occupancy of buildings, structures, or premises, and Page 30 of 89 by regulating the installation and maintenance of all electrical, gas, mechanical and plumbing systems, which may be referred to as service systems. 101.3.2 Quality control. Quality control of materials and workmanship is not within the purview of the codes, except as it relates to the purposes stated in this section. 101.3.3 Limited purpose of permitting and inspection. The taxpayers and citizens of the city with only limited resources for the operation of government in deciding to provide the services described in these codes undertake to act only for the purposes, and to the limited extent, described in this section. 1. Any activity under these codes, including, without limitation, actions or inactions related to applications, plan review, permitting, inspection, investigation, enforcement, and revocation of permits, authorizations, certificates, or releases of any kind, is an exercise of the police power of the city, which power is exercised for the health, safety and welfare of the public generally. 2. The city specifically does not undertake to perform, and does not perform, any activity for the benefit of any particular person, persons, or groups, and the city may not have nor ever be deemed to have a duty to any particular person, persons, or groups. 3. No city officer, employee, agent, or representative is authorized to create a duty to any person with respect to any activity, and any act or omission of a city officer, employee, agent, or representative purporting to or which might be construed to create any duty is unauthorized and ultra vires. 4. No person may rely in any way whatsoever upon any city inspection, examination, permit, investigation, enforcement, granting or revocation of any permit, authorization, certificate, or release of any kind, or other action or inaction related to this code, or absence thereof, as assurance or indication or to decide that any structure, premises, or activity is safe, sufficient, advisable, or suitable for any purpose, or that it is in compliance with this code. 5. It is the duty of the person who constructs, alters, or occupies a structure or premises, and their contractors, subcontractors, design professional, and others assisting them, to determine on the basis of their own efforts and investigation, without Page 31 of 89 relying on the city in any way, whether the structure or premises is in compliance with this code. 6. The city may never be liable in tort, contract, or any other theory of liability whatsoever, for damages for any defect or hazardous or illegal condition or inadequacy in any building, premises, system, or plan, nor for any failure of any component of such, which arises out of or is alleged to arise out of any action or inaction under or related to this code. 7. As used in this section: a. City includes the City of Corpus Christi, and its officers, employees, agents, and representatives, past, present, and future. b. Person includes, without limitation, individuals, all legal entities of any nature, owners of any interest in property, whether fee, leasehold, security, or otherwise, builders, developers, renovators, contractors, subcontractors, invitees, licensees, trespassers, insurers, owners of adjacent or nearby properties, and the successors of any of the foregoing. c. Codes mean the building code, electrical code, energy conservation code, fuel gas code, mechanical code, plumbing code, national electric code and the flood hazard prevention code. 8. This section applies notwithstanding any other provision of a city code or ordinance presently existing or which may be adopted in the future, unless the provision expressly provides that this paragraph does not apply. 101.3.4 Responsibility for safe work. These codes may not be construed to relieve from or lessen the responsibility or liability of any person owning, operating, installing or maintaining a building or structure, or an electrical, fuel gas, mechanical or plumbing system for damages to persons or buildings caused by any defect therein. 101.3.5 Building. The building code applies to the construction, alteration, repair, equipment, use, occupancy, location, maintenance, removal, and demolition of every building, structure, residential accessory building or structure, or any appurtenances connected or attached to the buildings or Page 32 of 89 structures, or any detached buildings or structures on the same property. (3) Section 102.2 of the International Building Code is amended by adding a new subsection 102.2.1 to read as follows: 102.2.1 Nonconforming uses. Nothing contained within this code may be construed to allow a nonconforming use to be replaced in contravention of the zoning ordinance of the city. (4) Section 104.7 of the International Building Code is revised to read as follows: (5) 104.7 Department records. The building official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall comply with the Texas Open Records Act, Texas Local Government Code, and in conformance with the Texas State Library and Archives Commission standards. Section 105.1 of the International Building Code and Section R105.1 of the International Residential Code are revised to read as follows: 105.1 General. It shall be unlawful for any person, owner, authorized agent, or contractor to fill, excavate, construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure; to construct a swimming pool; to erect, install, enlarge, alter, repair, remove, convert, or replace any electrical, gas, mechanical, or plumbing system, the installation of which is regulated by the technical construction codes; to erect or construct a sign of any description; to install or alter fire extinguishing apparatus, lawn irrigation systems, elevators, or engines; to install a steam boiler, furnace, heater, incinerator, or other heat producing apparatus; to install a mobile home for occupancy upon a lot; erect, construct, fabricate, apply, or repair one hundred (100) square feet or more of any roof covering of any building; to erect any fence over seven (7) feet in height; or to cause any work to be done, without first making application to the building official and obtaining the required permit(s) for the work. (6) Section 105.1 of the International Building Code and Section R105.1 of the International Residential Code are amended by adding new subsections 105.1.3 through 105.1.4 to read as follows: 105.1.3 Permits for demolition of a building or structure. 105.1.3.1 A permit to demolish a building or structure includes the demolition of the related electrical, mechanical, and plumbing systems. Page 33 of 89 105.1.3.2 The owner or the contractor must coordinate termination of service with the utility owner to ensure that all electrical, mechanical, and plumbing systems are disconnected and inactive prior to the start of demolition operations. 105.1.4 Permits for excavation and fill. Permits are required for excavation and fill within the corporate city limits in compliance with articles VI, excavations, and VII, regulation of fill materials, of this chapter. Section 105.2 of the International Building Code and Section R105.1 of the International Residential Code are amended by adding new subsections Government Property, Industrial Work & Agricultural Uses to read as follows: Governmental Property: 1. No permit is required within and on the premises within the control and supervision of the state or federal government and where the installations will be a part of the facilities operated, maintained, and controlled by the state or federal government. 2. When city inspections are not provided, all connections to the city water system must be equipped with backflow prevention devices. a. The water superintendent and the building official will determine the type of backflow prevention device necessary to prevent backflow and back siphonage. b. To assure the connection, the building official has the right to inspect any installations connected to the city water system to the point of the valves or safety devices, and failure to install or maintain in good operating condition the device authorizes the city to refuse to connect or authorize the city to disconnect the installation from the city water supply system. Industrial Work: 1. A permit is not required and no inspections will be performed by the city relating to the construction, assembly, disassembly, reassembly, modification, alteration, or improvement of an industrial facility or industrial processing unit if: a. The industrial facility or industrial processing unit occupies a site of twenty (20) or more contiguous acres. b. The industrial facility or industrial processing unit is inaccessible to the general public. Page 34 of 89 c. The construction, assembly, disassembly, reassembly, modification, alteration, or improvement of the industrial facility or industrial processing unit is under the observation and direct supervision of a licensed professional engineer. The industrial facility or industrial processing unit is used to manufacture, compound, package, process, refine, sort, test, and treat raw materials and other processed materials into finished or intermediate products. d. The industrial facility or industrial processing unit may store materials that will be used in or produced by the manufacturing, compounding, packaging, processing, refining, sorting, testing, and treatment processes. 2. In order to qualify for an industrial exemption under this subparagraph, a professional engineer licensed in the State of Texas must certify at the beginning of each calendar year that all construction, assembly, disassembly, reassembly, modification, alteration, or improvement of the industrial facility or industrial processing unit during the previous year complied with the technical construction codes. a. The affidavit must contain sufficient information that the industrial facility or industrial processing unit is entitled to the exemption requested. b. The affidavit must affirm that all construction, assembly, disassembly, reassembly, modification, alteration, or improvement of the industrial facility or industrial processing unit during the previous year were performed under the direct supervision of a professional engineer licensed in the State of Texas. The affidavit must be accompanied by a site plan of a scale sufficient to delineate the industrial facility or processing unit in relation to any surrounding buildings or structures. Any connections to the city's water or wastewater systems must be shown on the site plan. c. The affidavit must be on a form provided by the building official. d. The licensed professional engineer who completes, signs, and seals the affidavit must certify that all improvements meet the intent or spirit of the city's technical construction codes and life safety criteria for the occupancy as outlined in Chapter 13 of the Code of Ordinances of the city. 3. Any building or structure, which is not principally used in the manufacturing, compounding, packaging, processing, refining, Page 35 of 89 sorting, testing, and treatment processes, is not exempt, and permits and inspections are required for any construction, modification, alteration, or improvement to the building or structure. 4. All connections between an industrial facility or industrial processing unit and the city's water system must be equipped with backflow prevention devices, which will prevent backflow and back siphonage. a. All reduced pressure backflow preventers, pressure type vacuum breakers, and double check valve assemblies must be inspected and certified on an annual basis by a backflow prevention assembly tester to the building official. b. The inspections operations have the right to inspect any connections to the city's water system, including any valves and backflow prevention devices. c. If the owner or operator of an industrial facility or industrial processing unit fails to install or maintain valves and backflow prevention devices in good operating condition, the city may refuse to connect the industrial facility or industrial processing unit to, or disconnect the facility or unit from, the city's water supply system. 5. Nothing in this section may be construed to waive or exempt industrial sites from the provisions of any other provision of the Code of Ordinances or any other ordinance of the city. Agricultural Uses: 1. Permits and inspections are not required for installations, alterations, additions, changes, or repairs within the scope of this code to any structure, which is being used exclusively in connection with the ranching or agricultural use of any tract of land of ten (10) acres or more in area within the city at the time of annexation as long as the entire premises being used for agricultural or ranching purposes at the time of annexation is not converted to any other use. 2. Any agricultural building or structure used for residential occupancy or connected to utility services may not be exempt under this section from the requirements for permits and inspections. Page 36 of 89 (8) Section 105.3 of the International Building Code is revised to read as follows: (9) Application for permit. To obtain a permit, an applicant shall first file an application to the department of development services for that purpose. Such application shall contain all required information as stated in the latest published edition of the Residential or Commercial Submittal Checklist and Commercial Site Plan Checklist. A permit may not be issued by the building official for the construction of any building, or for the alteration of any building where the building is to be changed and the change will affect the exterior walls, bays, balconies, or other appendages or projections fronting on any street, alley or public lane, or for the placement on any lot or premises of any building or structure removed from another lot or premises when the change encroaches into the public right-of-way or utility easement, unless the applicant has made application at the office of the director of development services for the lines of the public street on which he proposes to encroach by building, erecting or locating the building and the director of development services has approved the encroachment by the use of an instrument approved by city council. When a building permit is issued, it is the duty of the building official to see that the street lines are not encroached upon, except as provided for by the zoning ordinance and any other provisions of the Code of Ordinances of the city. Section 105.3 of the International Building Code is amended by adding a new subsection 105.3.3 to read as follows: 105.3.3 Applications by regulated trades. Permits for work in the regulated trades that are obtained by a business must be obtained by the business' licensee or an authorized agent of the business. 1. The person obtaining the permit for work in a regulated trade shall provide positive photo identification displayed in the form of a valid driver's license, a state identification card, or federal agency or an armed forces identification card. 2. If acting on behalf of a licensed or registered individual, the required identification must have an affidavit or power of attorney authorizing the individual to apply for a permit on behalf of the licensed or registered individual. (10) Section 105.4 of the International Building Code is amended by adding a new subsection 105.4.1 to read as follows: 105.4.1 Permits not transferable. Permits are valid only for the work described on the permit. The work may be performed only by or under the supervision of the applicant who obtained the permit and only at the location specified. Page 37 of 89 (11) Section 105.7 of the International Building Code is revised to read as follows: 105.7 Placement of permit and inspection record. The building permit or copy shall be kept at the project site until the completion of the project, and the inspection record shall be readily accessible by the building official and protected from the weather. (12) Section 105.8 of the International Building Code is created by adding new subsections 105.8.1 through 105.8.4 to read as follows: 105.8.1 All connections to city -owned, city -leased, city -franchised, or city - operated utility service lines inside or outside the city must be made and installed by the city at a point determined by the city; provided, that charges for this utility service and for tap fees must be paid in accordance with the established rates and fees of the city. 105.8.2 Every extension on and into private premises from each city utility line must be made only after a permit has been issued for the extension or connection to the utility line. 105.8.3 One (1) permit is required for each building and for each inspection discipline. 105.8.4 Permits are valid only for work performed, as described on the permit, by or under the supervision of the applicant who obtained the permit and only applies to the location specified by legal description on the permit. (13) Section 105 of the International Building Code is amended by adding new sections 105.9 through 105.11 to read as follows: 105.9 Conditional permit. A conditional permit may be issued by the building official for applications that have been denied, provided that the applicant has filed for an appeal on the specific item in question, and that the applicant has submitted design documents to the building official and that the applicant understands they are proceeding at their own risk and will comply with the code requirements for the item should the appeal be rejected by the board. 105.10 Permits for part -jobs or incomplete projects. a. When one (1) person completes the rough -in work, in whole or in part, on any building or system, and a second person is called upon to complete the work in whole or in part, then, in that event, a separate permit is required for which regular fees must be paid for the work to be done for the remaining work. Page 38 of 89 b. Each person may be held responsible only for the portion of the work actually installed. c. Before the second contractor is issued a permit for the completion of the remaining work or the installation of fixtures or equipment, inspections operations will first notify the person holding the original or first permit that the second permit is proposed to be issued and the original permit will be cancelled. d. A twenty -four-hour waiting period will transpire between notification to the first permit holder and issuance of a second permit, unless the permit is canceled by the holder of the first permit, upon which the second permit may be issued immediately thereafter. e. If the first permit holder cannot be notified, or has not responded to the notification within a twenty-four hour waiting period, inspections operations will issue the second permit on the first business day after the waiting period expires. f. The issuance of the second permit cancels the first permit, and no refund of fees paid for the canceled permit will be made. 105.11 Temporary event permit. 105.11.1 A permit is required for a temporary event, when the event requires a tent or other temporary structure, which is ancillary and adjacent to an existing ongoing commercial operation or function and will be removed after a specified period of time not to exceed fifteen (15) days. 105.11.2 The inspection made prior to issuing the permit will confirm that there are no life safety, zoning, or public health issues associated with temporary sanitary facilities. 105.11.3 In the event that temporary electrical services are required, an electrical permit and inspection is required. 105.11.4 The temporary event permit expires at the end of the specified period. (14) Section 107.1 of the International Building Code is amended by adding new subsections 107.1.1 through 107.1.7 to read as follows: 107.1.1 Texas Department of Health requirements. Prior to the issuance of a permit to renovate or demolish a commercial or public building or structure, the owner must provide evidence to the building official that an asbestos survey has been performed by a design professional as outlined in this code Page 39 of 89 or an asbestos inspector licensed by the Texas Department of Health. The applicant must verify on the application that the survey was performed and approved. 107.1.2 Windstorm plan information. 1. Prior to issuing a permit, the building official will require a separate building plan or plans with building sections and details showing the components, their types, locations, and framing elements which delineate that the framing will resist the pressures developed from the wind speeds in ASCE-7, as adopted by the Texas Windstorm Insurance Association's Building Code for Windstorm Resistant Construction, or any model code approved by the Texas Department of Insurance. 2. All documentation submitted must be sealed by a professional engineer who is licensed to practice in the state and approved to participate in the Texas Windstorm Insurance Association's windstorm program. 3. For buildings or structures having unusual geometric shapes, response characteristics, or site locations for which channeling effects or buffeting in the wake of upwind obstructions may warrant special consideration, wind loads must be based on wind tunnel tests or nationally recognized data approved by the Texas Department of Insurance. 4. All structures requiring a permit within the city must be designed for wind load compliance by a Texas -registered Engineer and constructed under the wind load provisions of Section 1609. 5. All engineered structures must be designed and inspected by a Texas -registered professional engineer. The engineer must submit a Building Design Certificate, Form WPI -1 with sealed design drawings at permit application and a Building Certificate, Form WPI -2, upon completion of the project approved by the Texas Department of Insurance. 6. For residential accessory structures and commercial projects where participation in the Texas Windstorm Insurance Association is not desired, the structure shall be designed for wind load compliance and inspected by a Texas -registered professional engineer in accordance with current Texas Department of Insurance standards. Page 40 of 89 107.1.3 Accessibility. 1. The building official must, prior to issuing a building permit, require proof that plans have been submitted to the Texas Department of Licensing and Regulation, Elimination of Architectural Barriers Program, a Registered Accessibility Specialist registered with the Texas Department of Licensing and Regulation, and in compliance with the requirements of Chapter 469 of the Texas Government Code and the rules and regulations of the Texas Department of Licensing and Regulation. 2. An EAB Project Number issued by the Texas Department of Licensing and Regulation will be accepted as proof that the project has been registered with the Texas Department of Licensing and Regulation. 3. Accessibility for projects not subject to state registration. Before issuing a permit, the building official shall examine or cause to be examined each commercial project valued at less than fifty thousand dollars ($50,000.00) to determine if the project falls within the requirements of Chapter 469 of the Texas Government Code, Elimination of Architectural Barriers. a. For projects that are not required to be registered with the Texas Department of Licensing and Regulation, but which are required to comply with Chapter 469 of the Texas Government Code, no occupancy will be allowed without required city inspection and city certification that the project complies with the requirements of Chapter 469. b. The city's certification of a project does not imply that the Texas Department of Licensing and Regulation also certifies the project. 107.1.4 Structural and fire resistance integrity. Plans for all buildings must indicate how required structural and fire resistance integrity will be maintained where penetration of a required fire resistant wall, floor, ceiling, or partition will be made for electrical, gas, mechanical, plumbing, communication conduits, pipes, and systems, and also indicate in sufficient detail how fire integrity will be maintained where required fire resistant floors intersect the exterior walls. The information must include Underwriters Laboratories system numbers for each fire resistive assembly required by the technical construction codes. 107.1.5 Building Foundations. All foundations and foundation repairs are to be designed, inspected and certified by a Texas registered Engineer. Page 41 of 89 107.1.6 Any free-standing structure, such as a sign, antenna, tower, or flag pole, exceeding twenty-five (25) feet in height or producing over fifteen thousand foot-pounds of wind moment on the structure, any fence over seven (7) feet in height, except fences more than eighty (80) percent open to the wind up to ten (10) feet in height, except as provided in the technical construction codes, must be designed by a Texas registered Engineer. (15) Section 107.2.1 of the International Building Code is revised to read as follows: 107.2.1 Information on construction documents. Construction documents shall be dimensioned. Electronic media documents are to be submitted. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official. All information, drawings, specifications, and accompanying data must bear the name, address, phone number, and signature of the person responsible for the design documents. (16) Section 107.2.5 of the International Building Code is amended by adding new subsections 107.2.5.2 and 107.2.5.3 to read as follows: 107.2.5.2 When work is to be performed on land adjacent to state owned land or land controlled by the general land office, the building official will require a boundary survey performed by a licensed state land surveyor. 107.2.5.3 Hazardous occupancies. The building official may require the following: (1) General site plan. A general site plan drawn at a legible scale which must include, but not be limited to, the location of all buildings, exterior storage facilities, permanent access ways, evacuation routes, parking lots, internal roads, chemical loading areas, equipment cleaning areas, storm water and wastewater accesses, emergency equipment and adjacent property uses. (2) Building floor plan. A building floor plan drawn to a legible scale which must include, but not be limited to, all hazardous materials storage facilities within the building and must indicate rooms, doorways, corridors, exits, fire rated assemblies with their hourly rating, location of liquid tight rooms, and evacuation routes. (3) Each hazardous materials storage facility or area within a structure or exterior storage must be identified on the general Page 42 of 89 site or building floor plan, with the hazard classes and quantity range per hazard class of the hazardous materials stored. (17) Section 107.3.1 of the International Building Code is amended by adding a new subsection 107.3.1.1 to read as follows: 107.3.1.1 Authority to proceed with a project begins with the issuance of a building permit after which electrical, mechanical or plumbing system permits will be issued using the same or similar form. (18) Section 107.3.3 of the International Building Code is amended by adding new subsection 107.3.3.1 and 107.3.3.2 to read as follows: 107.3.3.1 The permit holder may not proceed with any work, which is not authorized by the phased permit. 107.3.3.2 Any work that is not specifically authorized by the phased permit, is subject to the administrative fees for the failure to obtain a permit. (19) Section 109.2 of the International Building Code is revised to read as follows: 109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required in accordance with the applicable schedule referenced under Article XIII, Development Service Fees, of Chapter 14, Development Services, of the City Code of Ordinances. (20) Section 110.3.4 of the International Building Code is amended by adding a new subsection 110.3.4.1 to read as follows: 110.3.4.1 These inspections do not include or take the place of inspections or certifications for compliance required under Texas Department of Insurance windstorm requirements. (21) Section 110.3.8 of the International Building Code is amended by adding new subsection 110.3.8.1 to read as follows: 110.3.8.1 Hurricane inspections. During periods of time designated by the National Oceanic and Atmospheric Administration as involving a hurricane warning, the building official or the building official's designee shall make inspections of residences, commercial and industrial establishments, and construction sites to ensure that all furniture, display racks, construction supplies and materials, and other loose objects in exposed outdoor locations are secured to rigid construction or stored in buildings. a. These inspections will be made to ensure, to the extent practicable, that portable storage buildings and manufactured Page 43 of 89 housing units (either being offered for sale, stored on lots, or installed on private property) are properly anchored, reinforced, and secured. b. Orders issued by the building official may be oral or written and may be given to the person on the premises responsible for the custody or management or care or maintenance of the premises or the person's employee or agent. Orders must be carried out before winds of hurricane velocity are anticipated. (22) Section 110.3 of the International Building Code is amended by adding a new subsection 110.3.11 to read as follows: 110.3.11 Texas Department of Insurance windstorm -resistant construction inspections. When authorized by the Texas Department of Insurance, building inspectors shall also perform the following inspections for the Texas Department of Insurance. a. Texas Department of Insurance foundation inspection. This inspection must be requested by the permittee after placement of reinforcements, but prior to pouring of concrete. b. Texas Department of Insurance rough framing inspection. This inspection must be requested by the permittee prior to any type of covering that would keep the inspector from being able to verify the required connector or fastener pattern. c. Texas Department of Insurance final framing inspection. This inspection must be requested by the permittee prior to installation of insulation and concealment of fastener patterns of exterior coverings and roof coverings. Re -roofing inspections fall into this category. d. Texas Department of Insurance mechanical inspection. This inspection must be requested by the permittee after all outside mechanical equipment has been anchored, particularly air conditioning condensers. This category of inspections includes anchorage of other exterior equipment, including floodlights, turbine vents, propane tanks, swimming pool filters, water cooling towers, satellite dishes, and other similar equipment. e. All engineered structures must be designed and inspected by a Texas -registered professional engineer. The engineer must submit a Building Design Certificate, Form WPI -1 with sealed design drawings approved by the Texas Department of Insurance. Page 44 of 89 f. Approved engineer's inspection. It is the certifying engineer's responsibility to ensure that the engineer or the engineer's representative has completed the Texas Department of Insurance framing inspection prior to the city inspector completing the city's frame inspection. g. All structures requiring a permit must be inspected by an inspector certified by the Texas Department of Insurance or by a Texas -registered professional engineer. h. A Certificate of Compliance, Form WPI -2 or WPI -8, issued by the Texas Department of Insurance, is evidence of compliance with this section and is required before issuance of a certificate of occupancy. No substitutions will be accepted. A temporary certificate of occupancy may be issued prior to receipt of the Building Certificate, Form WPI -2 from a Texas Department of Insurance inspector or approved Texas - registered professional engineer. i. Only inspectors employed or certified by the Texas Department of Insurance or Texas registered professional engineers may be used to inspect for compliance with this section. Unless authorized by the Texas Department of Insurance, the building official and building inspectors shall not certify compliance with this section. The Texas Department of Insurance may be notified if any suspected violations are observed during the normal course of other inspections. (23) Section 110.5 of the International Building Code is amended by adding a new subsection 110.5.1 to read as follows: 110.5.1 Inspections. The building official or the building official's designee upon twenty -four-hour advance notification from the permit holder or permit holder's authorized agent will endeavor to make the following inspections and the other inspections as necessary, and either release that portion of the construction or notify the permit holder or permit holder's agent of any violations, which must be corrected in order to comply with the technical construction codes. The permit holder or permit holder's authorized agent shall at the time of the request for inspection provide a physical address for the job site, the permit number for the project, and the type of inspection being requested. It is the responsibility of the permit holder or the permit holder's agent to request inspections. Failure to request for required inspections could result in the removal of finishes and systems to ensure that the inspections can be performed in compliance with this code. Removal and replacement of finishes and systems is at the expense of the owner and owner's agent or representative. Page 45 of 89 (24) Section 113 the International Building Code is deleted. Refer to Section 14- 206(a) Technical Construction Boards for details on the establishment, duties and powers, and appeals process of the building code board of appeals. (25) Section 114.4 of the International Building Code is deleted. Refer to Section 14-207 Violations and Penalties. (26) Chapter 4 of the International Building Code is amended to add a new subsection 427 - — Location of Buildings Near Oil & Gas Wells to read as follows: 427.1 General. The presence of oil and gas wells within the city presents the risk of blow -outs and explosions that could endanger the lives of occupants in buildings in proximity to the wells. The city land drilling ordinance and Fire Prevention Code prohibit flames around wells. This section regulates the location of buildings in proximity to oil and gas wells in order to provide for the safety of building occupants. 427.2 Buildings are prohibited within one hundred fifty (150) feet of active wells. No habitable building may be constructed within one hundred fifty (150) feet of an oil and gas well that has not been plugged and abandoned under regulations in the city's land drilling ordinance, except buildings directly associated with production from the well. 427.2.1 Any oil or gas well that was plugged and abandoned prior to May 29, 1968 with mud or only a bottom plug is considered unsafe for the location of any building within fifty (50) feet of the well until the well is remedied by setting a cement plug in the well near the surface, cutting the casing off below ground, and placing a steel plate over the top. 427.2.2 Natural Gas 425.3 Natural gas seepage areas. In any area characterized by seeping methane gas at the surface of the ground, any building constructed must be provided with ventilation for the purpose of protecting against any accumulation of explosive gases under the building. Ventilation systems must be designed by an engineer who must submit a statement with the building permit application to the effect that the design of the ventilation systems complies with this section. (27) Section [F] 907.2.3 of the International Building Code is revised to read as follows: 907.2.3 Group E. A manual fire alarm system that activates the occupant notification system in accordance with section 907.5 shall be installed in Group E occupancies. Smoke alarms shall be installed in all educational Page 46 of 89 occupancies, including but not limited to, day care centers, elementary and secondary schools, and all portable buildings. These devices shall be installed in accordance with the rules for partial smoke detection systems, except that day care centers require additional protection in every room in which children sleep. Smoke alarms shall be listed and meet the installation requirements of NFPA 72. (28) Section 912.2 of the International Building Code is amended by adding a new subsection 912.2.3 to read as follows: 912.2.3 Proximity to hydrant. Fire department connections for each sprinkler or standpipe system shall be located not more than 100 feet (30 m) from the nearest fire hydrant connected to an approved water supply. (29) Section 1101.2 of the International Building Code is revised to read as follows: 1101.2 Design. Buildings and facilities shall be designed and constructed to be accessible in accordance with this code, ICC A117.1, and the Texas Accessibility Standards, published by the Texas Department of Licensing and Regulation. If a conflict exists between the provisions of this code, ICC A117.1, or the Texas Accessibility Standards, the Texas Accessibility Standards control. The design of all buildings subject to chapter 469 of the Texas Government Code, chapter 63 of the Texas Administrative Code, and the Texas Accessibility Standards shall be reviewed under procedures established by the Texas Department of Licensing and Regulation in chapter 63 of title 16 of the Texas Administrative Code and the Texas Accessibility Standards. (30) Section 1609.1.1 of the International Building Code is revised to read as follows: 1609.1.1 Determination of Wind Loads. Wind loads on every building or structure shall be determined in accordance with chapter 6 of ASCE 7 or provisions of the alternate all -heights method in section 1609.6. The type of opening protection required, basic wind speed, and exposure category for a site may be determined in accordance with section 1609 or ASCE 7. Wind shall be assumed to come from any horizontal direction and wind pressures shall be assumed to act normal to the surface considered. Exceptions: a. Subject to the limitations of section 1609.1.1.1, the provisions of ICC 600 shall be permitted for applicable Group R-2 and R-3 buildings. Page 47 of 89 b. Subject to the limitations of section 1609.1.1.1, residential structures using the provisions of the AF&PA WFCM. c. Subject to the limitations of section 1609.1.1.1, residential structures using the provisions of AISI S230. d. Subject to the limitations of section 1609.1.1.1, residential structures, except one- and two family dwellings using the provisions of the AF&PA Wood Frame Construction Manual for One- and Two- Family Dwellings, 2001 Edition. e. Designs using NAAMM FP 1001. f. Designs using TIA-222 for antenna -supporting structures and antennas. g. Wind tunnel tests in accordance with section 6.6 of ASCE 7, subject to the limitations in section 1609.1.1.2. (31) Section 1612.3 of the International Building Code is revised to read as follows: 1612.3 Establishment of flood hazard areas. To establish flood hazard areas, the applicable governing authority shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at a minimum, areas of special flood hazard, as identified by the Federal Emergency Management Agency in an engineering report entitled 'The Flood Insurance Study for the City of Corpus Christi, Texas (Nueces and Kleberg County)' dated July 23, 1971, as revised on September 17, 1992, and including the accompanying Flood Insurance Rate Map (FIRM), Flood Boundary and Floodway Map (FBFM), and related supporting data along with any revisions thereto. The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be part of this section. (32) Chapter 31 of the International Building Code is amended by adding new section 3112 to read as follows: SECTION 3112 BOAT DOCKS AND MOORINGS 3112.1 General. It shall be unlawful, unless specifically provided for by this section, for any person, firm, or corporation to place, build, construct, or maintain any dock, pier, mooring, piling, post, pipe, or pole in waters within the city limits or Lake Corpus Christi Reservoir below elevation ninety-four (94) feet above mean sea level. Page 48 of 89 3112.2 Permits required. The building official may issue permits for the placing, building, or construction of any dock, pier, mooring, piling, post, pipe, or pole in waters within the city limits or Lake Corpus Christi reservoir below elevation ninety-four (94) feet above mean sea level. Each dock, pier, mooring, piling, pole, pipe, post, or other structure constructed in waters within the city limits or Lake Corpus Christi Reservoir shall be authorized by a permit issued under this section. 3112.3 A permit issued by the building official under this section for a dock, pier, mooring, piling, pole, pipe, post, or other structure in waters within the Lake Corpus Christi Reservoir shall be authorized by the city's executive director of utilities. 3112.4 A permit issued by the building official under this section for a dock, pier, mooring, piling, pole, pipe, post, or other structure in waters within the city over submerged lands under the control of the Texas General Land Office (the "TGLO") shall be authorized by the TGLO Comm issioner. 3112.4.1 A permit issued by the building official under this section for a dock, pier, mooring, piling, pole, pipe, post, or other structure in waters within the city patented by the State of Texas shall be authorized by a lease from the city. 3112.4.2 A permit issued under this section shall specify the dimensions and the type of materials used and describe the upland to which said placement or structure is attached. 3112.4.3 Compliance with this section does not relieve a person, firm, or corporation from obtaining authorization from any other governmental body for the placement of any facility or structure in waters within the city. 3112.5 Boat docks and fishing piers. 3112.5.1 Construction standards. 3112.5.1.1 Boat docks and fishing piers shall be constructed using reinforced concrete and/or heavy timber. 3112.5.1.2 Wood piles used to support boat and fishing piers shall be pressure- impregnated according to AWPA Standard U1 (which contains information for end users/specifiers) and AWPA Page 49 of 89 Standard T1 (which contains treating requirements for manufacturers). 3112.5.1.3 Piles shall be driven to a minimum penetration below the mud line equivalent to one half (1/2) the length of the cut-off pile. 3112.5.1.4 Piers shall be designed to withstand a total live load of fifty (50) pounds per square foot. 3112.5.1.5 Wooden structural members below the walkway level (caps, stringers, braces, etc.) shall be pressure -impregnated according to AWPA Standards U1 and T1. 3112.5.1.6 The primary pier walkway or platform shall be elevated or otherwise designed to minimize damage resulting from wave action or rising waters. For purposes of this section, the designer shall refer to the flood insurance rate maps and flood hazard boundary floodway maps of the city or the County in determining the damage potential from wave action or rising waters at the specific locality. 3112.5.1.7 Wooden caps, stringers, and beams shall be positively connected to their supporting members in such a manner so as to completely resist their displacement by wave action or rising waters. 3112.5.1.8 Wooden decking shall be at least two (2) inch nominal thickness and nailed to the decking supporting members in such a manner so as to allow the decking to be displaced by wave action or rising waters. 3112.5.1.9 Hardware shall be hot -dipped galvanized under ASTM Standard A153-61. 3112.5.1.10 When any boat dock or fishing pier is used as an integral part of an exit way from a building, guardrails shall be provided as prescribed in this code. In all other cases, adequate guardrail protection as determined by the designer shall be provided. Page 50 of 89 3112.5.1.11 Design. All boat docks and fishing piers shall be designed by a professional engineer licensed in the State of Texas. 3112.5.1.12 Damaged boat docks and fishing piers shall comply with: 1) Damaged boat docks and fishing piers may be rebuilt at their original elevation, provided that at least seventy five (75) percent of the existing pilings are found to be sound. The building official shall make this determination. All piers not meeting this requirement shall be removed. 2) Damaged piers not completely rebuilt shall be completely removed. (33) Section 3409.1 of the International Building Code is amended by adding a new subsection 3409.1.1 to read as follows: 3409.1.1 Authority of building official. The provisions of the technical construction codes relating to the, alteration, repair, enlargement, restoration, relocation or moving of buildings or structures may not be mandatory for existing buildings or structures identified and classified by the state or the city as historic buildings, provided that, in the opinion of the building official, any proposed alteration, repair, enlargement, restoration or relocation of the buildings, not in strict compliance with the technical construction codes will nevertheless meet the spirit and intent of the technical construction codes. Accompanying the application for a permit for the work, the applicant must submit documentation acceptable to the building official which identifies the structure to be a historic structure or historic building and must submit complete architectural and engineering plans and specifications bearing the seal of a licensed design professional registered in the State of Texas. (34) Section 3410 of the International Building Code is amended by adding a new subsection 3410.2 to read as follows: 3410.2 House Moving. a. General. A building or part of any building may not be moved through or across any sidewalk, street, alley, or highway within the city limits without first obtaining a house moving permit from the building official. Page 51 of 89 b. House mover's license required. A house moving permit may be issued only to holders of current and valid house mover's licenses. c. Written application. Any person desiring to move a building shall first file with the building official a written application containing the following information: 1. Type and kind of building to be moved. 2. Original cost of the building. 3. Extreme dimensions of the length, height, and width of the building. 4. Present and proposed location of the building by lot, block, subdivision, and street numbers. 5. Approximate time the building or structure will be upon the streets and the route that will be taken from the present to the new location. The route must have been reviewed and approved by the city's traffic engineer. d. Owner's deposit and agreement required. As a condition precedent to the issuance of the building permit for the necessary improvements, the owner of the lot to which the house, building, or structure is proposed to be moved must place on deposit with the city a cash deposit of five hundred dollars ($500) and an affidavit in which the owner agrees that, if the specified required improvements are not made within the required time period, the five hundred dollar ($500) deposit will be forfeited and retained by the city. The building official is authorized to grant extensions of time under this section not to exceed an aggregate total of one - hundred twenty (120) calendar days for cause beyond the control of the owner. The retainage of the deposit is to help defray the additional clerical and inspection costs incurred under the circumstances and is not a penalty or preclusive of any remedy otherwise available to the city to enforce this code. If the necessary improvements are completed within the required time period, the five hundred dollar ($500) cash deposit will be refunded when the certificate of occupancy is issued. e. Substandard buildings and structures. Upon forfeiture of the owner's deposit and depending upon the state of completion of the building or structure and the site, the building official must initiate a substandard case against the property through the code Page 52 of 89 enforcement administrator of the city's code enforcement department. f. Bond required. g. 1. The building official, as a condition precedent to the issuance of a house moving permit, may require a bond to be executed by the person desiring such permit with a corporate surety sufficient to the satisfaction of the risk manager. The bond must be made payable to the City of Corpus Christi for the amount that the city's risk manager prescribes. 2. The bond must indemnify the city against any damage caused by the moving of the building to streets, curbs, sidewalks, shade trees, highways, and any other property which may be affected by the moving of the building or structure. 3. The surety bond must be conditioned upon liability for failure to strictly comply with the terms of the house moving permit (to include the route to be taken, period of time in which to affect the move, and repairs or compensation required for damages to public or private property and public improvements) and payment to the city as liquidated damages an amount not to exceed fifty dollars ($50.00) which shall be prescribed by the building official for each and every day's delay in completing the move, repairing any damages to property or public improvements, and clearing all public streets, alleys, or highways of debris occasioned by the movement of the building or structure over public streets, alleys, or highways. Improvements by owner. 1. The owner of any house, building, or structure proposed to be moved must make within one -hundred fifty (150) days from the date of the issuance of the house moving permit all necessary improvements that are required in order for the house, building, or structure to comply with the requirements of this section. 2. Extensions of time as deemed reasonable may be granted by the building official upon a showing of delay caused by matters beyond the control of the owner or house mover. 3. The application for house moving permit must be accompanied by an application for a building permit and a complete set of plans and specifications signed by the owner or the owner's agent showing the condition of the house, Page 53 of 89 building, or structure as it is being moved and all improvements that are contemplated at the new location. h. Additional improvements by owner required. 1. The owner of any house, building, or structure proposed to be moved to any new location within the city or within five thousand (5,000) feet of the city limits shall, within one - hundred fifty (150) calendar days from the date of the issuance of the house moving permit, make any necessary improvements that are required in order to bring the house, building, or structure into compliance with the requirements of the city's codes, zoning ordinance, and platting ordinance. 2. The application for building permit, if for a permanent dwelling within the city or city's extraterritorial jurisdiction, must include evidence of the availability at the site of electricity, an approved potable water supply, and approved methods of sewage disposal, construction debris containment, and trash hauling so that the site remains clear of blowing trash. i. Exemptions for moving small buildings, mobile homes, HUD -code manufactured housing, or industrialized buildings. 1. Any building or structure for which the maximum dimensions are less than thirteen (13) feet, six (6) inches in height, twelve (12) feet, zero (0) inches in width, and fifty-five (55) feet, zero (0) inches in length may be moved without a house mover's license or house moving permit. 2. Any mobile home, HUD -code manufactured housing unit, or industrialized building bearing the inspection sticker of the Texas Department of Licensing and Regulation or Texas Department of Housing and Community Affairs may be moved without a house mover's license or house moving permit. Removal of piers, foundations, stairs, and other debris. 1. When any building is moved, the house mover shall remove from the site any piers previously used to support the structure, foundation elements that are above grade, stairs that provided access to the structure, and any other debris resulting from the moving or partial demolition of the structure. 2. The house mover may leave structures at the site (including piers, foundation elements, and stairs) that will be used to Page 54 of 89 construct a new structure on the site, if a building permit has been issued for the new structure. k. The house mover shall notify the city's water and wastewater departments, so the taps and meters can be removed by the city. 3410.2.1 House mover's license required. a. A house mover's license is required before any person, firm, or corporation moves a house, buildings, or other structure within the city. b. An applicant for a house mover's license shall apply to the building official for a house mover's license. c. The applicant in the application must state the name and address of all persons owning any interest in the house moving business. d. The applicant must pay at the time of application the annual house mover's license fee specified in Section 14-1313 Technical Construction Codes Fee Schedules. 3410.2.2 Term of license and renewal. 1. A house mover's license is valid for one (1) year from the date of issuance, unless sooner revoked. 2. A house mover's license may be renewed at the end of its term by filing an application for renewal and paying the annual license fee established in section 14-1313 Technical Construction Codes Fee Schedules. 3410.2.3 House moving permit required. 1. No person may move a house, building, or other structure without first obtaining a house moving permit. 2. House moving permits may only be issued to the holder of current and valid house mover's license. 3. The house mover shall move (relocate and secure) the permitted structure within forty-five (45) days from the date of issuance of the moving permit. 4. The house mover must demolish and remove any debris, piers, porches, stairs, or foundation elements above from the location Page 55 of 89 at which a house, building, or other structure was removed within forty-five (45) days from the date of issuance of the moving permit. 3410.2.4 Notification, payments, and revocation of license. 1. As a condition of the permit, any licensed house mover shall before moving any house, building, or structure within the city give notice to all persons, firms, or corporations, utilities, or other persons having poles, lines, wires, or other the fixtures that may be affected along the route over which the house building, or structure may be moved, at least twenty-four (24) hours before the house, building, or structure must be moved. 2. The house mover must obtain an approved route from the city traffic engineer, and secure motorcycle police and utility company escort services to accompany the house, building, or structure along its movement on the approved route. The house mover must provide the required escorts at the house mover's expense. 3. The house mover is responsible to the owner for ensuring that all requirements coincidental with the movement of a house, building, or structure are met, including, but not limited to the following: a. That the structure is moved in a timely manner. b. If the house, building, or structure is relocated to a lot within the city, the structure is located on the new lot in a manner that complies with all required setbacks and easements. c. If the house, building, or structure is relocated to a lot within the city, the foundation system is designed and constructed under the technical construction codes. d. If the house, building, or structure is relocated to a lot within the city, the engineer of record, responsible for the design and certification of the installation of the foundation system, has inspected the preparation of the foundation system, has supervised the placement of the steel, has supervised the placement of any concrete supports, and has forwarded the foundation certificate to building operations in a timely manner. 4. Upon the completion of the moving operation and the final determination of the expenses, including time and material Page 56 of 89 incurred by the city for services and material provided to the house mover, which are shown on an itemized statement furnished to the permit holder, the house mover shall pay the city's expenses within ten (10) days after receipt of the statement. If the house mover fails to pay the expenses within ten (10) days, the house mover's license is automatically cancel the house mover's license of the person, firm, or corporation engaged in the business of house moving in the city, and a letter from the building official upon the receipt of documentation from the aggrieved department/division to the person, firm, or corporation is sufficient to cancel the permit and suspend the house mover's license. 5. The building official may suspend or revoke, at any time a house mover's license, if the holder of the license while preparing, moving, or securing any house, building, or structure violates the terms of this code, or any other ordinance of the city. a. The building official may suspend a house mover's license for any period less than sixty (60) days. b. The building official may revoke a license for a minimum of sixty -calendar days, but not more than a period of one (1) year. c. A revocation of license requires re -licensing under subsection (d) (1) of this section. d. The decision of the building official to suspend or revoke a house mover's license may be appealed to the city council. Any appeal must be filed in writing, with the city secretary, within ten (10) working days of the date of the building official's decision. 6. Requests for reinstatement of a house mover's suspended or revoked license may be filed by the house mover with the building official. a. The house mover must submit documentation indicating that the house mover has completed the work or corrected the problem that lead to the infraction and has taken measures to prevent future infractions. b. A license reinstatement fee must be paid before a house mover's license is reissued, as provided for in the permit fee schedule. Page 57 of 89 3410.2.5 Amount of house mover's bond. 1. The amount of bond required by section 3410.2(6) is twenty thousand dollars ($20,000.00). 2. In lieu of the bond in the amount of twenty thousand dollars ($20,000.00), the applicant may give as surety upon the bond a good and reliable surety company or may give a sufficient personal bond with two (2) or more financially responsible persons as sureties. a. Before becoming effective, the bond requires the approval of the city attorney. b. The bond must be conditioned that it will not be discharged by one (1) recovery on the bond, but that the obligation is a continuing obligation, which is effective for the term of the house mover's license. 3410.2.6 Required house mover's insurance. 1. The applicant shall file with the building official a comprehensive general liability, motor vehicle liability, and property damage insurance policies. 2. The policies must be accompanied by endorsements naming the applicant as the insured, and the city as an additional named insured, in an amount determined by the director of safety and risk management, under the provisions of section 17- 15 of the Code of Ordinances. 3. The policy must be effective for the duration of the license requested by the applicant. (Ord. No. 029343, § 1, 1-10-2012) Sec. 14-232. - Existing building code. With the following additions, deletions, and revisions, the International Existing Building Code, 2015 Edition, as published by the International Code Council, a copy of which, authenticated by the signatures of the mayor and city secretary, made public record by this section, and on file in the city secretary's office, is incorporated by reference and adopted as the Existing Building Code of the City of Corpus Christi: (1) Section 101.1 of the International Existing Building Code is revised to read as follows: Page 58 of 89 101.1 Title. These regulations shall be known as the Existing Building Code of the City of Corpus Christi, hereinafter referred to as 'this code." (2) Section 112 of the International Existing Building Code is deleted. Refer to section 14-206(a) Technical Construction Boards for details on the establishment, duties and powers, and appeals process of the building code board of appeals. (3) Section 113 of the International Existing Building Code is deleted. Refer to section 14-207 Violations and Penalties. (Ord. No. 029343, § 1, 1-10-2012) Secs. 14-233-14-240. - Reserved. DIVISION 3. - ELECTRICAL CODE Sec. 14-241. - Electrical code. With the following deletions and revisions, the National Electrical Code, 2014 Edition (including Annex H, Administration and Enforcement), as published by the National Fire Protection Association, a copy of which, authenticated by the signatures of the mayor and city secretary, made public record by this section, and on file in the city secretary's office, is incorporated by reference and adopted as the electrical code for the City of Corpus Christi. (1) Section 80.13(13) of the National Electrical Code is revised to read as follows: Whenever any installation subject to inspection prior to use is covered or concealed without having first been inspected, the authority having jurisdiction shall be permitted to require that such work be exposed for inspection. The authority having jurisdiction shall be notified when the installation is ready for inspection and shall conduct the inspection within two (2) days. (2) Section 80.15 of the National Electrical Code is deleted. Refer to section 14- 206(b) Technical Construction Boards for details on the establishment, duties and powers, and appeals process of the electrical advisory board. (3) Section 80.19(F)(3) of the National Electrical Code is revised to read as follows: Rough inspection must be called for by the permittee or the permittee's agent and must be made prior to the concealment of the work. Page 59 of 89 (4) Section 80.23 of the National Electrical Code is deleted. Refer to section 14- 207 Violations and Penalties. (5) Section 80.25(C) of the National Electrical Code is deleted. (6) Section 80.27(A) of the National Electrical Code is revised to read as follows: Certificate. All electrical inspectors shall possess a Master Electrician license issued by the State of Texas. Section 80.29 of the National Electrical Code is revised to read as follows: (7) 80.29 Liability for Damages. Article 80 shall not be construed to affect the responsibility or liability of any party owning, designing, operating, controlling, or installing any electrical equipment for damages to persons or property caused by a defect therein, nor shall the city or any of its employees be held as assuming any such liability by reason of the inspection, reinspection, or other examination authorized. (8) Section 80.35 of the National Electrical Code is deleted. (9) Section 90.2(B)(5)(b) of the National Electrical Code is revised to read as follows: b. Are located in legally established irrevocable easements, which have been filed for record with the county clerk's office, rights-of-way, or by other agreements either designated by or recognized by public service commissions, utility commissions, or other regulatory agencies having jurisdiction for such installations, or (10) Section 90.2(B) of the National Electrical Code is revised by adding a new subsection 90.2(B)(6) to read as follows: (6) Installations of exterior lighting on property owned or leased by the utility, in public streets or alley rights-of-way, and in irrevocable utility or electric easements. If the easement on which the outdoor lighting is being installed is not shown on a plat that is filed for record with the county clerk's office, the electrical utility must present a map or survey showing the location of the easement and the location of the proposed outdoor lighting. (11) Article 90 of the National Electrical Code is amended by adding a new section 90.10 to read as follows: 90.10 Individual metering required. A building or buildings containing more than five (5) dwelling units must provide for individual metering or sub metering of each dwelling unit. Page 60 of 89 (12) Section 210.19 of the National Electrical Code is amended by adding a new subsection 210.19(C) to read as follows: (C) Minimum amperage. All circuits, except lighting circuits, must have a minimum current capacity of twenty (20) amperes. (13) Section 210.52(B)(1) of the National Electrical Code is revised to read as follows: (1) Receptacle Outlets Served. In the kitchen, pantry, breakfast room, dining room, laundry/utility room, or similar area of a dwelling unit, the two or more 20 -ampere small -appliance branch circuits required by Section 210.11(C)(1) shall serve all receptacle outlets covered by Sections 210.52(A) and (C) and receptacle outlets for refrigeration equipment. (14) Section 210.52(B)(2) of the National Electrical Code is amended by adding a new exception No. 3 to read as follows: Exception No. 3: A receptacle or electrical connection installed to power a vent hood located in a kitchen above a cooking surface. (15) Article 210 of the National Electrical Code is amended by adding a new section 210.53 to read as follows: 210.53 Receptacles Required For Non -Dwellings. Commercial buildings must have a minimum of one (1) receptacle installed for every twenty (20) feet measured horizontally around the interior wall at the floor level of each room, excluding storage rooms. (16) Section 220.14 of the National Electrical Code is amended by adding new subsection (M) to read as follows: (D) Maximum number of fixtures and receptacles. (1) For circuits supplying lighting fixtures having ballasts, transformers, or autotransformers, the computed load based on the total ampere ratings of such fixtures must determine the number of fixtures on a lighting circuit. (17) Article 230 of the National Electrical Code is amended by adding a new section 230.11 to read as follows: 230.11 Service -Entrance Conductor and Sub feed Installation Methods. Service -entrance conductors and sub feeds to electrical distribution panels must run in conduits or raceways. A masthead used for support of service drop conductors must extend not less than forty-two (42) inches above the roof and must be two (2) inches or larger rigid metal conduit. Page 61 of 89 (18) Section 230.70 of the National Electrical Code is amended by adding new subsections 230.70(D) and 230.70(E) to read as follows: (D) Minimum Fault Current Protection. All electrical service entrance equipment, except for temporary construction loops, must be provided with fault current protection of not less than twenty-two thousand (22,000) amps. (E) Exception For Certain Lighting Fixtures Installed on Poles. A service disconnect means is not required on a pole with a lighting fixture, if: (1) The pole is in a location accessible to the public, such as in parking lots, parks, etc., and a disconnecting means is installed in the circuit powering the fixture at a secure location, or (2) The fixture and all wiring providing power to the fixture are under the exclusive control of an electric distribution utility. (19) Section 250.52(A)(5) of the National Electrical Code is revised to read as follows: (F) Rod and Pipe Electrodes. Rod and pipe electrodes shall not be less than 2.5 m (8 ft.) in length and shall consist of the following materials. (1) Electrodes of pipe or conduit shall not be shall be smaller than metric designator 21(trade size 3/4), and must be made of brass or copper. (2) Nonferrous rods shall not be less than 13 mm (1/2 in.) in diameter. (20) Section 300.1 of the National Electrical Code is amended by adding a new subsection 300.1(D) to read as follows: (D) Raceways or metal clad cables in commercial buildings. All commercial buildings must be wired in electrical conduits or with metal clad cables, except as provided herein. (1) Exceptions to raceways or metal clad cables. (a) Raceways or metal clad cables will not be required when structures, which were originally constructed and used as single-family, single - story, residential -use buildings, are converted to commercial usage if, at the time the building is converted to commercial usage, the preexisting electrical wiring, equipment, and fixtures in such structures conform to all other applicable provisions of this code. Page 62 of 89 (b) Any installation of new electrical wiring, fixtures or apparatus installed in any building which was converted to commercial usage, or any rewiring of such structure must be wired in raceways or metal clad cables. (21) Section 300.3 of the National Electrical Code is amended by adding a new subsection 300.3(D) to read as follows: (D) Prohibited Conductors. The use of aluminum conductors of No. 2 gauge and smaller is prohibited in electrical wiring installations, except that exterior, overhead conductors are exempted from this prohibition. (22) Section 300.5 of the National Electrical Code is amended by adding a new subsection 300.5(L) to read as follows: (L) Non-metallic Electrical Conduit Required. Only non-metallic electrical conduit may be installed underground. The use of metallic electrical conduits is prohibited in underground installations. (23) Table 310.5 is amended by adding a new exception No. 1 to read as follows: Exception No. 1: The minimum size conductor that may be used on any circuit, except a lighting circuit, is 12. (24) Article 408 of the National Electrical Code is amended by adding new sections 408.23 and 408.24, to read as follows: 408.23 Spare Raceways. For each panel a spare one -inch raceway must be installed from the panel to an accessible location. Exception No. 1: A spare raceway is not required if there is no access in the attic or from floor above or below the panel. Exception No. 2: A spare raceway is not required if the walls and ceiling adjacent to panel are not covered. 408.24 Spare Circuits. One (1) spare circuit must be installed for every five (5) circuits in all new buildings. (25) Section 514.8 of the National Electrical Code is revised to read as follows: 514.8 Underground Wiring. Underground wiring shall be installed in schedule 80 Electrical PVC. Any portion of electrical wiring or equipment that is below the surface of a Class I, Division 1, or Class I, Division 2 location [as classified in Table 514.3(B)(1) and Table 514.3(B)(2)] shall be Page 63 of 89 considered to be in a Class I, Division 1 location that shall extend at least to the point of emergence above grade. Refer to Table 300.5 of this code. Exception No. 1: Type MI cable shall be permitted where it is installed in accordance with Article 332. Exception No. 2: Rigid nonmetallic conduit complying with Article 352 shall be permitted where buried under not less than 600 mm (2 ft.) of cover. An equipment grounding conductor shall be included to provide electrical continuity of the raceway system and for grounding of non-current carrying metal parts. (26) Chapter 6 of the National Electrical Code is amended by adding a new article 696 to read as follows: ARTICLE 696 ELECTRICALLY -CHARGED FENCING 696.1 Electrically -charged fencing. Installation of electrically -charged fencing for the purpose of security, animal containment and other similar uses must be under approved Underwriters' Laboratories, or any other nationally recognized testing agency, devices. Upon installation such fencing must be clearly identified with signage not to exceed a fifty -foot maximum spacing on this electrical fencing. The signage must be legible from a distance of five (5) feet and must be properly maintained while fence is in use. (Ord. No. 029343, § 1, 1-10-2012) Secs. 14-242-14-250. - Reserved. DIVISION 4. - ENERGY CONSERVATION CODE Sec. 14-251. - Energy conservation code. With the following additions, deletions, and revisions, the International Energy Conservation Code, 2015 Edition, as published by the International Code Council, a copy of which, authenticated by the signatures of the mayor and city secretary, made public record by this section, and on file in the city secretary's office, is incorporated by reference and adopted as the Energy Conservation Code for the City of Corpus Christi: (1) Section 101.1 of the International Energy Conservation Code is revised to read as follows: 101.1 Title. This code shall be known as the Energy Conservation Code of the City of Corpus Christi, and shall be cited as such. It is referred to herein as 'this code.' Page 64 of 89 (2) Section 104.5 of the International Energy Conservation Code is revised to read as follows: (3) 104.5 Approved inspection agencies. The Building Official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability. 104.5.1 Approved agents. Only those third party inspectors who have been registered with the City and have met the requirements of the Building Official shall be accepted as approved energy conservation code compliance inspectors. A list of third party inspectors that are registered with the City to be third party energy compliance inspectors will be available on the City's Development Services website for public viewing. 104.5.2 Requirements for registered third party inspectors. (a) Insurance - Third party inspectors are required to have $500,000 of commercial general liability, with a combined single limit per occurrence provided coverage for property damage and bodily injury. (b) Registration - All third party inspectors are required to register with the City for participation in the City of Corpus Christi Energy Conservation Code Compliance Program. (c) Renewal - All third party inspectors are required to submit an annual renewal and proof of current insurance to Development Services. Section 104.8 of the International Energy Conservation Code is revised to read as follows: 104.8 Approval. After the prescribed tests and inspections indicate that the work complies in all respects with this code, a notice of approval shall be issued by the Building Official. 104.8.a Method of Approval. Test results will be accepted by Development Services via electronic submission. 104.8.b Documentation Requirements for Code Compliance Registration with the City shall contain: 1. The name of the company 2. Company address 3. Specific energy improvements offered by company Page 65 of 89 4. Name of registered technician that will be performing the inspection 5. Type of certification that inspector has acquired. Certified HERS Raters or Rating Field Inspectors by RESNET, Performance Verification Technicians certified by Texas HERO, or other certifications that are approved by the Building Official. 6. Certificate of Insurance 104.8.c Documentation Requirements for Inspection Submission: 1. Verification of third party registration 2. Disclosure of inspection results 3. Pass or fail results 104.8.d Time Frame for Submitting Approved Test Results. Test results by a third party inspector in compliance with Section 104.5.1 shall be filed with Development Services, Building Division, prior to the Certificate of Occupancy being issued. 104.8.1 Revocation. The Building Official is authorized to, in writing, suspend or revoke a notice of approval whenever the certificate is issued in error, incorrect information was supplied, or where it is determined that the building, structure, premise, or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. (4) Section 108.4 of the International Energy Conservation Code is deleted. Refer to section 14-207 Violations and Penalties. (Ord. No. 029343, § 1, 1-10-2012; Ord. No. 029763, § 1, 3-19-2013) Secs. 14-252-14-260. - Reserved. DIVISION 5. - FUEL GAS CODE Sec. 14-261. - Fuel gas code. With the following additions, deletions, and revisions, the International Fuel Gas Code, 2015 Edition [including Appendix A, Sizing and Capacities of Gas Piping; Appendix B, Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category I Appliances and Appliances Listed for Use With Type B Vents; Appendix C, Exit Terminals of Mechanical Draft and Direct -Vent Venting Systems; and Appendix D, Recommended Procedure for Safety Inspection of an Existing Appliance Installation (see International Fuel Gas Code Section 101.3 2009 2015 Edition)], as published by Page 66 of 89 the International Code Council, a copy of which, authenticated by the signatures of the mayor and city secretary, made public record by this section, and on file in the city secretary's office, is incorporated by reference and adopted as the Fuel Gas Code for the City of Corpus Christi: (1) Section 101.1 of the International Fuel Gas Code is revised to read as follows: 101.1 Title. These regulations shall be known as the Fuel Gas Code of the City of Corpus Christi, hereinafter referred to as 'this code.' (2) Section 106.6.2 of the International Fuel Gas Code is revised to read as follows: (3) 106.6.2 Fee schedule. On plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required in accordance with the applicable schedule referenced under Article XIII, Development Service Fees, of Chapter 14, Development Services, of the City Code of Ordinances. Section 106.6.3 of the International Fuel Gas Code is revised to read as follows: 106.6.3 Fee refunds. The code official shall authorize the refunding of fees as follows. a. The full amount of any fee paid hereunder which was erroneously paid or collected. The code official shall not authorize the refunding of any fee paid, except upon written application filed by the original permittee not later than 180 days after the date of fee payment. (4) Section 107.2 of the International Fuel Gas Code is revised to read as follows: 107.2 Required Inspections and Testing. The code official, upon notification from the permit holder or the permit holder's agent, shall make the following inspections and other such inspections as necessary, and shall either release that portion of the construction or notify the permit holder or the permit holder's agent of violations that are required to be corrected. The holder of the permit shall be responsible for scheduling such inspections. a. Underground inspection shall be made after trenches or ditches are excavated and bedded, piping is installed and before backfill is put in place. When excavated soil contains rocks, broken concrete, frozen chunks and other rubble that would damage or break the piping or cause corrosive action, clean backfill shall be on the job site. b. Under floor inspection must be called for by the permit holder or the permit holder's agent, and must be made after all the piping under the Page 67 of 89 floor is installed and prior to the concealment of the work. A pressure test may be required on all piping before the inspection is approved. c. Rough -in inspection shall be made after the roof, framing, fire blocking and bracing are in place and components to be concealed are complete, and prior to the installation of wall or ceiling membranes. d. Final inspection shall be made upon completion of the installation. The requirements of this section shall not be considered to prohibit the operation of any heating appliance installed to replace an existing heating appliance serving an occupied portion of a structure in the event a request for inspection of such heating appliance has been filed with the department not more than 48 hours after replacement work is completed, and before any portion of such appliance is concealed by any permanent portion of the structure. (5) Sections 108.1 through 108.4 of the International Fuel Gas Code are deleted. Refer to Section 14-207 Violations and Penalties. (6) Section 108.5 of the International Fuel Gas Code is revised to read as follows: (7) 108.5 Stop work orders. Upon notice from the building official that work is being done contrary to the provisions of this code or in a dangerous or unsafe manner, such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, the owner's agent, or the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the building official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work on the system after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for a fine of not less than $2,000 dollars or more than $10,000 dollars. Section 109 of the International Fuel Gas Code is deleted. Refer to Section 14.206(c), Technical Construction Boards, for details on the establishment, duties and powers, and appeals process of the mechanical/plumbing advisory board. (8) Section 403.10.1 of the International Fuel Gas Code is amended by adding a new subsection 403.10.1.1 to read as follows: 403.10.1.1 Prohibited fittings. All threaded bushings shall be prohibited. Page 68 of 89 (9) Section 404.10 of the International Fuel Gas Code is revised to read as follows: 404.10 Minimum burial depth. All underground piping systems shall be installed at a minimum depth of 18 inches (257 mm) below grade. If a minimum of 18 inches (257 mm) of cover cannot be maintained, the pipe must be installed in conduit or bridged (shielded). (10) Section 406.4 of the International Fuel Gas Code is revised to read as follows: 406.4 Test pressure measurement. Test pressure shall be measured with a manometer or with a pressure measuring device designed and calibrated to read, record, or indicate a pressure loss due to leakage during the pressure test period. The source of pressure shall be isolated before the pressure tests are made. Exception: A spring -type mechanical gauge may not be used. (Ord. No. 029343, § 1, 1-10-2012) Secs. 14-262-14-270. - Reserved. DIVISION 6. - MECHANICAL CODE Sec. 14-271. - Mechanical code. With the following additions, deletions, and revisions, the International Mechanical Code, 2015 Edition, as published by the International Code Council, a copy of which, authenticated by the signatures of the mayor and city secretary, made public record by this section, and on file in the city secretary's office, is incorporated by reference and adopted as the Mechanical Code for the City of Corpus Christi: (1) Section 101.1 of the International Mechanical Code is revised to read as follows: 101.1 Title. These regulations shall be known as the Mechanical Code of the City of Corpus Christi, hereinafter referred to as "this code." (2) Section 106.5.2 of International Mechanical Code is revised to read as follows: 106.5.2 Fee schedule. On mechanical systems or alterations requiring a permit, a fee for each permit shall be paid as required in accordance with the applicable schedule referenced under Article XIII, Development Service Fees, of Chapter 14, Development Services, of the City Code of Ordinances. Page 69 of 89 (3) Section 106.5.3 of the International Mechanical Code is revised to read as follows: 106.5.3 Fee refunds. The code official shall authorize the refunding of fees as follows: a. The full amount of any fee paid hereunder which was erroneously paid or collected. The code official shall not authorize the refunding of any fee paid, except upon written application filed by the original permittee not later than 180 days after the date of fee payment. (4) Section 107.2 of the International Mechanical Code is revised to read as follows: (5) 107.2 Required inspections and testing. The code official, upon notification from the permit holder or the permit holder's agent, shall make the following inspections and other such inspections as necessary, and shall either release that portion of the construction or shall notify the permit holder or the permit holder's agent of violations that must be corrected. The holder of the permit shall be responsible for the scheduling of such inspections. a. Rough -in inspection shall be made after the roof, framing, fireblocking and bracing are in place and all ducting and other components to be concealed are complete, and prior to the installation of wall or ceiling membranes. b. Final inspection shall be made upon completion of the mechanical system. Exception: Ground -source heat pump loop systems tested in accordance with Section 1208.1.1 shall be permitted to be backfilled prior to inspection. The requirements of this section shall not be considered to prohibit the operation of any heating equipment or appliances installed to replace existing heating equipment or serving an occupied portion of a structure provided that a request for inspection of such heating equipment or appliances has been filed with the department not more than 48 hours after such replacement work is completed, and before any portion of such equipment or appliances is concealed by any permanent portion of the structure. Sections 108.1 through 108.4 of International Mechanical Code are deleted. Refer to section 14207 Violations and Penalties. Page 70 of 89 (6) Section 108.5 of the International Mechanical Code is revised to read as follows: (7) 108.5 Stop work orders. Upon notice from the building official that work is being done contrary to the provisions of this code or in a dangerous or unsafe manner, such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, the owner's agent, or the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give written notice prior to stopping the work. Any person who shall continue any work on the system after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for a fine of not less than $2,000 dollars or more than $10,000 dollars. Section 109 the International Mechanical Code is deleted. Refer to Section 14.206(c) Technical Construction Boards for details on the establishment, duties and powers, and appeals process of the mechanical/plumbing advisory board. (Ord. No. 029343, § 1, 1-10-2012) Secs. 14-272-14-280. - Reserved. DIVISION 7. - PLUMBING CODE Sec. 14-281. - Plumbing code. With the following additions, deletions, and revisions, the International Plumbing Code, 2015 Edition (including Appendix B Rates of Rainfall for Various Cities, Appendix C Structural Safety, Appendix D Degree Day and Design Temperatures, Appendix E Sizing of Water Piping (see International Plumbing Code Section 101.2 2015 Edition)), as published by the International Code Council, a copy of which, authenticated by the signatures of the mayor and city secretary, made public record by this section, and on file in the city secretary's office, is incorporated by reference and adopted as the Plumbing Code for the City of Corpus Christi: (1) Section 101.1 of the International Plumbing Code is revised to read as follows: 101.1 Title. These regulations shall be known as the Plumbing Code of the City of Corpus Christi, hereinafter referred to as 'this code.' Page 71 of 89 (2) Section 106.6.2 of the International Plumbing Code is revised to read as follows: (3) 106.6.2 Fee schedule. On plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required in accordance with the applicable schedule referenced under Article XIII, Development Service Fees, of Chapter 14, Development Services, of the City Code of Ordinances. Section 106.6.3 of the International Plumbing Code is revised to read as follows: 106.6.3 Fee refunds. The code official shall authorize the refunding of fees as follows: a. The full amount of any fee paid hereunder which was erroneously paid or collected. The code official shall not authorize the refunding of any fee paid, except upon written application filed by the original permittee not later than 180 days after the date of fee payment. (4) Section 107.2 of the International Plumbing Code is revised to read as follows: 107.2 Required inspections and testing. The code official, upon notification from the permit holder or the permit holder's agent, shall make the following inspections and such other inspections as necessary, and shall either release that portion of the construction or shall notify the permit holder or an agent of any violations that must be corrected. The holder of the permit shall be responsible for the scheduling of such inspections. a. Underground inspection shall be made after trenches or ditches are excavated and bedded, piping installed, and before any backfill is put in place. b. Rough In inspection must be called for by the permit holder or the permit holder's agent, and must be made after all the piping under the floor is installed and prior to the concealment of the work. A pressure test is required on all piping before the inspection is approved. c. Top Out inspection shall be made after the roof, framing, fire blocking, fire stopping, draft stopping, and bracing is in place and all sanitary, storm, and water distribution piping is roughed -in, and prior to the installation of wall or ceiling membranes. A pressure test is required on all piping before the inspection is approved. d. Final inspection shall be made after the building is complete, all plumbing fixtures are in place and properly connected, and the structure is ready for occupancy. Page 72 of 89 (5) Section 108.4 of the International Plumbing Code is revised to read as follows: 108.4 Violation penalties. Any person who violates a provision of this code, fails to comply with any of the requirements thereof, or erects, installs, alters, or repairs work in violation of the approved construction documents, directive of the building official, or a permit or certificate issued under the provisions of this code, shall be guilty of a Class C Misdemeanor, punishable by a fine of not more than $2,000 dollars. Each day that a violation continues after due notice has been served shall be deemed a separate offense. (6) Section 108.5 of the International Plumbing Code is revised to read as follows: (7) 108.5 Stop work orders. Upon notice from the building official that work is being done contrary to the provisions of this code or in a dangerous or unsafe manner, such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, the owner's agent, or the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give written notice prior to stopping the work. Any person who shall continue any work on the system after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for a fine of not less than $2,000 dollars or more than $10,000 dollars. Section 109 of the International Plumbing Code is deleted. Refer to Section 14.206(c) Technical Construction Boards for details on the establishment, duties and powers, and appeals process of the mechanical/plumbing advisory board. (8) Section 202 of the International Plumbing Code is amended by adding the following definition to read as follows: (9) BACKFLOW PREVENTION ASSEMBLY TESTER. A Backflow Prevention Assembly Tester is an individual licensed by the Texas Commission on Environmental Quality under Sections 30.51 through 30.62 of Title 30 of the Texas Administrative Code. Section 301.3 of the International Plumbing Code is amended by adding a new subsection 301.3.1 to read as follows: 301.3.1 Design. The plans and installation of a gray water disposal system providing for the storage of gray water must be designed and certified by a registered professional engineer or registered professional sanitarian. Page 73 of 89 Exception: Bathtubs, showers, lavatories, clothes washers, laundry trays, and condensate water from cooling coils shall not be required to discharge to the sanitary drainage system where such fixtures discharge to an approved gray water system for flushing of water closets and urinals or for subsurface landscape irrigation in accordance with Appendix C. (10) Section 305.6.1 of the International Plumbing Code is revised to read as follows: 305.6.1 Sewer depth. Building sewers that connect to private sewage disposal systems shall be a minimum of 18 inches below finished grade at the point of septic tank connection. Building sewers shall be a minimum of 12 inches below grade. (11) Section 312.10 of the International Plumbing Code is revised to read as follows: 312.10 Inspection and testing of backflow prevention assemblies. Inspection and testing shall comply with Sections 312.10.1. 312.10.1 Inspection and Testing. Residential irrigation backflow prevention assemblies shall be tested at least once every three years. Reduced pressure principle backflow preventer assemblies, double check -valve assemblies, pressure vacuum breaker assemblies, reduced pressure detector fire protection backflow prevention assemblies, double check detector fire protection backflow prevention assemblies, and spill proof vacuum breakers that are not part of a residential irrigation system shall be tested at the time of installation, immediately after repairs or relocation and at least annually. All testing and certification shall be performed by a state - licensed Backflow Prevention Assembly Tester. The Backflow Prevention Assembly Tester must file an original copy of the initial test certification and each annual certification with the building official within 10 days of the testing. The testing procedure shall be performed in accordance with one of the following standards: ASSE 5013, ASSE 5015, ASSE 5020, ASSE 5047, ASSE 5048, ASSE 5052, ASSE 5056, CSA B64.10 or CSA B64.10.1. (12) Section 606.2 of the International Plumbing Code is revised to read as follows: Section 606.2 Location of shutoff valves. Shutoff valves shall be installed in the following locations: a. On the fixture supply to each plumbing fixture, other than bathtubs and showers in one- and two-family residential occupancies and other than in individual sleeping units that are provided with unit shutoff valves in hotels, motels, boarding houses, and similar occupancies. Page 74 of 89 b. On the water supply pipe to each sill -cock, hose bib, or wall hydrant. c. On the water supply pipe to each appliance or mechanical equipment. (13) Section 608.1 of the International Plumbing Code is amended by adding new subsections 608.1.1 and 608.1.2 to read as follows: 608.1.2 Failure to report test result. Upon the failure to report the result of the required test of the backflow prevention device, the City Manager, or designee, may authorize the stoppage of the supply of water to the service address. The water may not be restored, except upon provision of the report of the required test. (14) Section 608.14 of the International Plumbing Code is revised to read as follows: 608.14 Location of backflow preventers. Access shall be provided to backflow preventers as specified by the installation instructions of the approved manufacturer. If needed, additional access and clearance must be provided to allow for the required testing, maintenance, and repair. Access and clearance must require a minimum of one (1) foot (305 mm) between the lowest portion of the assembly and grade, floor, or platform. Installations elevated more than five (5) feet (1.53m) above the floor or grade, measured from the center line of the valve, must be provided with a permanent platform capable of supporting 500 pounds and provide mechanical support. (15) Section 608.16.4 of the International Plumbing Code is revised to read as follows: 608.16.4 Connections to automatic fire sprinkler systems and standpipe systems. The potable water supply to automatic fire sprinkler and standpipe systems shall be protected against backflow by a double check detector assembly or a reduced pressure principle detector backflow preventer. (16) Section 608.16.5 of the International Plumbing Code is revised to read as follows: 608.16.5 Connections to lawn irrigation systems. The potable water supply to lawn irrigation systems shall be protected against backflow by a pressure- type vacuum breaker or a reduced pressure principle backflow preventer. A double check valve shall not be used. Where chemicals are introduced into the system, the potable water supply shall be protected against backflow by a reduced pressure principle backflow preventer. (17) Chapter 6 of the International Plumbing Code is amended by adding a new Section 614 to read as follows: Page 75 of 89 SECTION 614 LAWN IRRIGATION SYSTEMS 614.1 Landscape Irrigation Systems. Landscape Irrigation Systems are required to comply with chapter 344 of part 1 of title 30 of the Texas Administrative Code. (18) Section 708.3.1 of the International Plumbing Code is revised to read as follows: 708.3.1 Horizontal drains within buildings. All horizontal drains shall be provided with cleanouts located not more than 80 feet (24,384 mm) apart. (19) Section 708.3.2 of the International Plumbing Code is revised to read as follows: 708.3.2 Building sewers. Building sewers shall be provided with cleanouts located not more than 80 feet (24,384 mm) apart measured from the upstream entrance of the cleanout. For building sewers 8 inches (203 mm) and larger, manholes shall be provided and located not more than 200 feet (60,960 mm) from the junction of the building drain and building sewer, at each change in direction, and at intervals of not more than 400 feet (122 m) apart. Manholes and manhole covers shall be of an approved type. (20) Section 708.3.5 of the International Plumbing Code is revised to read as follows: 708.3.5 Building drain and building sewer junction. There shall be a two-way double riser cleanout near the junction of the building drain and the building sewer. The cleanout shall be either inside or outside the building wall and shall be brought up to the finished ground level or to the basement floor level. The two-way double riser cleanout at this location serves as the required cleanout for both the building drain and building sewer. The minimum size of the cleanout at the junction of the building drain and building sewer shall comply with section 708.7. 708.3.5.1 Wye cleanout to public sewer. A wye-type cleanout, not less than four inches (4) in diameter, must be extended to grade and located at the junction of the building sewer and public sewer at the property line. (21) Section 708.7 of the International Plumbing Code is revised to read as follows: 708.7 Minimum size. Cleanouts shall be the same nominal size as the pipe they serve up to 4 inches (102 mm). For pipes larger than 4 inches (102 mm) nominal size, the minimum size of the cleanout shall be 4 inches (102 mm). Page 76 of 89 Exceptions: a. 'P' trap connections with slip joints, ground joint connections, or stack cleanouts that are not more than one pipe diameter smaller than the drain served shall be permitted. b. Cast-iron cleanout sizing shall be in accordance with referenced standards in Table 702.4, ASTM A 74 for hub and spigot fittings or ASTM A 888 or CISPI 301 for hubless fittings. c. A two inch clean out may be used in an island vent configuration with a three inch horizontal branch drain where a vertical vent is not installed pursuant to section P3112.4. (22) Section 710 of the International Plumbing Code is amended by adding a new subsection 710.3 to read as follows: 710.3 Drain pipe sizing. Drain pipes shall be sized according to drainage fixture unit (d.f.u.) loads in Tables 709.1 or 709.2. The size of the drainage pipe shall be determined using the minimum pipe size available in Table 710.1(1). (23) Section 802.1.4 of the International Plumbing Code is revised to read as follows: 802.1.4 Swimming pools. Wastewater from swimming pools, backwash from filters, and water from pool deck drains must discharge to the building drainage system. The discharge shall be through an indirect waste pipe by means of an air gap. (24) Section 802.1.8 of the International Plumbing Code is revised to read as follows: 802.1.8 Food utensils, dishes, pots and pans sinks. Sinks used for the washing, rinsing, or sanitizing of utensils, dishes, pots, pans, or serviceware used in the preparation, serving, or eating of food shall discharge indirectly through an air gap. (25) Section 802.2 of the International Plumbing Code is revised to read as follows: 802.2 Installation. All indirect waste piping shall discharge through an air gap or air break into a waste receptor or standpipe. Waste receptors and standpipes shall be trapped and vented and shall connect to the building drainage system. Page 77 of 89 (26) Chapter 8 the International Plumbing Code is amended by adding a new section 805 to read as follows: SECTION 805 ELEVATOR SUMP DISCHARGE 805.1 General. Discharge of elevator sump sumps shall be to an approved location. (27) Section 904.1 of the International Plumbing Code is revised to read as follows: Section 904.1 Roof extension. All open vent pipes that extend through a roof shall terminate at least 6 inches (mm) above the roof, except that where a roof is to be used for any purpose other than weather protection, the vent extensions shall be run at least 7 feet (2134 mm) above the roof. (28) Section 913.2 of the International Plumbing Code is amended by adding a new subsection 913.2.1 to read as follows: 913.2.1 Vertical vents. A vertical vent must be installed on the drain line downstream of the island vent configuration, unless the building drain branch line is at least 3 inches (76mm). (29) Section 916.1 of the International Plumbing Code is amended by adding a new subsection 916.1.1 to read as follows: 916.1.1 Minimum size of vent stack with water closet. Every sanitary drainage system receiving the discharge of a water closet must have a minimum three (3) inch diameter main vent that is either a vent stack or a stack vent. Such vent must run undiminished in size and as directly as possible from the building drain through to the open air above the roof. (30) Section 917.1 of the International Plumbing Code is amended by adding a new subsection 917.1.1 to read as follows: 917.1.1 Installation of air admittance valves (mechanical vents) restricted. It shall be unlawful to use air admittance valves, except when conditions prevent the installation of a conventional or island fixture vent system, as determined by the building official. (31) Section 1003.3.1 of the International Plumbing Code is revised to read as follows: 1003.3.1 Grease interceptors and automatic grease removal devices required. A grease interceptor or automatic grease removal device shall be Page 78 of 89 required to receive the drainage from fixtures and equipment with grease - laden waste located in food preparation areas, such as in restaurants, hotel kitchens, hospitals, school kitchens, bars, factory cafeterias, clubs, churches, or other commercial food preparation or cooking areas where, in the opinion of the building official, grease could be introduced into the drainage system in quantities that can affect line stoppage or hinder sewage disposal. Fixtures and equipment shall include pot sinks, pre -rinse sinks, soup kettles or similar devices, work stations, floor drains or sinks into which kettles are drained, automatic hood wash units, and dishwashers without pre -rinse sinks. All floor drains located in the food preparation or cooking areas must be connected to the grease interceptor. Mop and service sinks used for the disposal of wastewater from mopping of floor surfaces in food preparation and cooking areas must be connected to the grease interceptor. Grease interceptors and automatic grease removal devices shall receive waste only from fixtures and equipment that could allow fats, oils, or grease to be discharged. (32) Section 1003.3.2 of the International Plumbing Code is revised to read as follows: 1003.3.2 Food waste grinders. In addition to the requirements in section 1003.3.1, where food waste grinders connect to grease interceptors, a solids interceptor shall separate the discharge before connecting to the grease interceptor. Solids interceptors and grease interceptors shall be sized and rated for the discharge of the food waste grinder. Emulsifiers, chemicals, enzymes, and bacteria shall not discharge into the food waste grinder. (33) Section 1003.3 of the International Plumbing Code is amended by adding new subsections 1003.3.6 and 1003.3.7 to read as follows: 1003.3.6 Design criteria and sizing method for custom fabricated grease interceptors. 1003.3.6.1 Flow rate. Grease interceptors will be sized according to the fixture unit flow rate of each fixture discharging into the interceptor. Fixture unit flow rate must be 7.5 per fixture unit. For grease producing fixtures, use Table 709.1 and 709.2 to select appropriate fixture unit value. 1003.3.6.2 Total fixture unit count. When total fixture count has been determined, multiply value by 7.5 per fixture unit to obtain total flow rate. Floor drains installed only for the purpose of cleanup and not used for direct discharge of any grease producing fixture may not be included in the sizing calculations. Hand sinks installed in food preparation and cooking areas only for the purpose of employee hygiene may not be included in the sizing calculations, but must be connected to the grease interceptor. Page 79 of 89 1003.3.6.3 Water seal. Each grease interceptor must have an approved water seal of not less than two inches in depth or the diameter of its outlet, whichever is greater. 1003.3.6.4 Sampling port. A four inch sampling port must be installed downstream of the confluence of the grease interceptor discharge and the building sewer system. The sampling port must be installed perpendicular to the effluent lateral to allow visual observation and sampling. The design location must ensure accessibility of the sampling port for monitoring activities. 1003.3.6.5 Manhole covers. Manhole covers must be 24 inches in diameter, gas-tight, and capable of supporting any vehicular traffic. The manhole covers must have pre -cast concrete rings to extend to grade, as necessary. 1003.3.6.6 Retention time of custom fabricated interceptors. After calculating the required flow rate, the grease interceptor is to be designed with a primary compartment having a seven (7) minute retention time and a secondary compartment having a five (5) minute retention time. Refer to Figure 1003.2.1 for details of construction and inlet and outlet piping arrangements. 1003.3.6.7 Concrete interceptors. Concrete must be a minimum of 3000 PSI concrete. 1003.3.7 Prohibited interceptors. 1003.3.7.1 Carbon steel. Carbon steel grease interceptors are prohibited in underground applications. (34) Section 1003.4 of the International Plumbing Code is revised to read as follows: 1003.4 Oil separators required. At repair garages, detail shops, car washing facilities, factories where oily and flammable liquid wastes are produced, and in hydraulic elevator pits, separators shall be installed into which all oil- bearing, grease -bearing, or flammable wastes shall be discharged before emptying into the building drainage system or other point of disposal. Exception: An oil separator is not required in hydraulic elevator pits where an approved alarm system is installed. (35) Section 1003.4.2.2 of the International Plumbing Code is revised to read as follows: 1003.4.2.2 Garages and service stations. Where vehicles are serviced, greased, repaired, or washed, oil separators shall have a minimum capacity of 6 cubic feet (0.168 m3) for the first 100 square feet (9.3 m2) of area to be Page 80 of 89 drained, plus 1 cubic foot (0.28 m3) for each additional 100 square feet (9.3 m2) of area to be drained into the separator. Parking garages in which servicing, repairing, or washing is not conducted shall not require a separator. Areas of commercial garages utilized only for storage of vehicles are not required to be drained through a separator. (36) Section 1003.5 of the International Plumbing Code is amended by adding new subsections 1003.5.1 and 1003.5.2 to read as follows: 1003.5.1 Design criteria and sizing method. The sizing method for custom fabricated oil and sand interceptors assigns a flow rate of 20 GPM (gallons per minute) for the first bay and an additional 10 GPM for each additional bay. The tank should be designed to have a twelve (12) minute retention time with two compartments. The primary compartment must be 2/3 of the total volume and the secondary compartment must be 1/3 of the total volume. See Figures 1003.5.3 and 1003.5.4 for details of construction and piping arrangements. 1003.5.2 Materials. Concrete used for interceptor construction must be at least 3000 PSI. (Ord. No. 029343, § 1, 1-10-2012; Ord. No. 029791, § 1, 4-9-2013) Secs. 14-282-14-290. - Reserved. DIVISION 8. - RESIDENTIAL CODE Sec. 14-291. - Residential construction code. With the following additions, deletions, and revisions, the International Residential Code for One and Two Family Dwellings, 2015 Edition (including Appendix E, Manufactured Housing Used as Dwellings, Appendix H, Patio Covers, Appendix J Existing Building and Structures, (see International Residential Code Section R102.5 2015 Edition)), as published by the International Code Council, a copy of which, authenticated by the signatures of the mayor and city secretary of the City of Corpus Christi, made public record by this section, and on file in the city secretary's office, is incorporated by reference and adopted as the Residential Construction Code for the City of Corpus Christi: (1) Section R101.1 of the International Residential Code is revised to read as follows: R101.1 Title. These provisions shall be known as the Residential Code for One and Two Family Dwellings of the City of Corpus Christi and shall be cited as such and will be referred to herein as 'this code.' Page 81 of 89 Termites Winter Design Tempe Mean Annual Tempi Ground (2) Section R105 of the International Residential Code is amended by adding a new subsection R105.10 to read as follows: (3) R105.10 Homeowner's permit. R105.10.1 A permit may be issued to property owners for construction, alteration, installation or repairs within the scope of this code, in a single- family residential building or mobile home owned and occupied by the property owner as their homestead. A permit shall not be issued to a property owner for construction, alteration, installation or repairs to natural gas service systems unless the property owner is a State of Texas licensed master plumber. Section R112 of the International Residential Code is deleted. Refer to Section 14-206 Technical Construction Boards for details on the establishment, duties and powers, and appeals process of the building code board of appeals, electrical advisory board, and mechanical/plumbing advisory board. (4) Section R113 of the International Residential Code is deleted. Refer to Section 14-207 Violations and Penalties. (5) Table R301.2(1) of the International Residential Code is revised to read as follows: Wind Design Speedd (mph) 120/ 130 Topo- graphic effectsk Seismic Design Cate- goryr A Subject to Damage From Weather- inga Frost Line Depth; b 0 Very High 32-40 Ice Barrier Underlay- ment Require dh N/A Flood Hazards 1971 Air Freezing Index; <_1500 71.5 (6) Section R313.1 of the International Residential Code is revised to read as follows: R313.1 Townhouse automatic fire sprinkler systems. An automatic residential fire sprinkler system shall be installed in townhouses only when Page 82 of 89 three or more attached dwelling units are constructed and transient uses (occupancies less than 30 days) are allowed. Exception: An automatic residential fire sprinkler system shall not be required where additions or alterations are made to existing townhouses that do not have an automatic residential fire sprinkler system installed. R313.1.1 Design and installation. Automatic residential fire sprinkler systems for townhouses shall be designed and installed in accordance with Section P2904 or NFPA 13D. Section R313.2 One and two family dwellings automatic fire systems of the International Residential Code is deleted. Section R322 Flood Resistant Construction is deleted in its entirety. See Code of Ordinances, Chapter 14 — Development Services: Part III; Article V — Flood Hazard Prevention Code. Section M1401.4 of the International Residential Code is revised to read as follows: M1401.4 Exterior installations. Equipment installed outdoors shall be listed and labeled for outdoor installation. Supports and foundations shall prevent excessive vibration, settlement, or movement of the equipment. Supports and foundations shall be level and conform to the manufacturer's installation instructions. Equipment installed outdoors must be anchored to supports or foundations to resist the wind loads specified in section R301.2.1.1. (10) Section G2414.10.1 (403.10.1) of the International Residential Code is amended by adding a new subsection G2414.10.1.1 (403.10.1.1) to read as follows: G2414.10.1.1 (403.10.1.1) Prohibited fittings. All threaded bushings shall be prohibited. (11) Section G2415.10 (404.10) of the International Residential Code is revised to read as follows: G2415.10 (404.10) Minimum burial depth. All underground piping systems shall be installed at a minimum depth of 18 inches (257 mm) below grade. If a minimum of 18 inches (257 mm) of cover cannot be maintained, the pipe must be installed in conduit or bridged (shielded). (12) Section P2503.8 of the International Residential Code is amended by adding new subsections P2503.8.1, P2503.8.2 and P2503.8.3 to read as follows: Page 83 of 89 P2503.8.1 Testing and certification of backflow devices. The owner of any reduced pressure principle backflow preventer, double check -valve assembly backflow preventer, double -detector check -valve assembly backflow preventer, or pressure-type vacuum breaker assembly backflow preventer must have the backflow device tested and certificated by a Backflow Prevention Assembly Tester before a backflow preventer is placed in service and annually thereafter to ensure its proper operation. The Backflow Prevention Assembly Tester must file a copy of the initial and each annual certification with the building official within 10 days of the testing. P2503.8.2 Failure to report test result. Upon the failure to report the result of the required test of the backflow prevention device, the City Manager, or designee, may authorize the stoppage of the supply of water to the service address. The water may not be restored, except upon provision of the report of the required test. P2503.8.3 Testing. Residential irrigation backflow prevention assemblies shall be tested at least once every three years. Reduced pressure principle backflow preventers, double check valve assemblies, double -detector check valve assemblies and pressure vacuum breaker assemblies that are not part of a residential irrigation system shall be tested at the time of installation, immediately after repairs or relocation and at least annually. (13) Chapter 25 of the International Residential Code is amended by adding a new section P2504 to read as follows: SECTION P2504 TOILET FACILITIES FOR WORKERS P2504.1 General. Toilet facilities shall be provided for construction workers and maintained in a sanitary condition. Construction worker toilet facilities of the non -sewer type shall conform to ANSI Z4.3. P2504.2 Location. Toilet facilities shall be provided for construction workers at each construction site. a. The same builder can share one toilet facility with three construction projects on which he/she is permit applicant. b. The construction projects must be within 200 feet of each other to share a toilet facility. c. Each building permit applicant must have a toilet facility for his/her own project. Page 84 of 89 (14) Section P2603.5.1 of the International Residential Code is revised to read as follows: P2603.5.1 Sewer depth. Building sewers that connect to private sewage disposal systems shall be a minimum of 18 inches below finished grade at the point of septic tank connection. Building sewers shall be a minimum of 12 inches below grade. The minimum depth of building sewers and building sewers connected to private sewage disposal systems shall be determined by the code official. (15) Section P2902.5.3 of the International Residential Code is revised to read as follows: P2902.5.3 Lawn irrigation systems. The potable water supply to lawn irrigation systems shall be protected against backflow by a pressure-type vacuum breaker or a reduced pressure principle backflow preventer. Where chemicals are introduced into the system, the potable water supply shall be protected against backflow by a reduced pressure principle backflow preventer. (16) Section P2902.5 of the International Residential Code is amended by adding a new subsection P2902.5.6 to read as follows: P2902.5.6 Pumps and other appliances. Water pumps, filters, softeners, tanks, and all other devices that handle or treat potable water must be protected against contamination. Whenever a pump is connected to the potable water system, the water supply must be protected by either an approved backflow preventer with a low pressure cutoff or the use of water supply tanks with an air gap. (17) Section P2902.6 of the International Residential Code is revised to read as follows: P2902.6 Location of backflow preventers. Access shall be provided to backflow preventers as specified by the manufacturer's installation instructions. If needed, additional access and clearance must be provided for the required testing, maintenance, and repair. Access and clearance must require a minimum of one (1) foot (305 mm) between the lowest portion of the assembly and grade, floor, or platform. Installations elevated more than five (5) feet (1.53m) above the floor or grade must be provided with a permanent platform capable of supporting 500 pounds and provide mechanical support. (18) Section P2903.9.1 of the International Residential Code is revised to read as follows: Page 85 of 89 P2903.9.1 Service valve. Each dwelling unit shall be provided with an accessible main shutoff valve near the entrance of the water service. The valve shall be a full open -type having nominal restriction to flow with provision for drainage, such as a bleed orifice or separate drain valve. Additionally, the water service shall be valved at the curb or property line in accordance with local requirements. Exception: Required for water service lines greater than or equal to 1 1/2 inches. (19) Section P2904.1.1 of the International Residential Code is revised to read as follows: P2904.1.1 When installed, residential fire sprinkler systems shall conform to all requirements of Section P2904. (20) Section P3005.2.2 of the International Residential Code is revised to read as follows: P3005.2.2 Spacing. Cleanouts shall be installed not more than 80 feet (24,384 mm) apart in horizontal drainage lines, measured from the upstream entrance of the cleanout. (21) Section P3005.2.7 of the International Residential Code is revised to read as follows: P3005.2.7 Building drain and building sewer junction. There shall be a two- way double riser cleanout near the junction of the building drain and building sewer. The cleanout shall be either inside or outside the building wall, provided that it is brought up to finish grade or the lowest floor level. P3005.2.7.1 Wye cleanout to public sewer. A wye-type cleanout, not less than four inches (4") in diameter, must be extended to grade and located at the junction of the building sewer and public sewer at the property line. (22) Section P3005.2.9 of the International Residential Code is revised to read as follows: P3005.2.9 Cleanout size. Cleanouts shall be the same nominal size as the pipe they serve up to 4 inches (102 mm). For pipes larger than 4 inches (102 mm) nominal size, the minimum size of the cleanout shall be 4 inches (102 mm). Page 86 of 89 Exceptions: a. "P" trap connections with slip joints, ground joint connections, or stack cleanouts that are not more than one pipe diameter smaller than the drain served shall be permitted. b. Cast-iron cleanouts sized in accordance with the referenced standards in Table 3002.3, ASTM A 74 for hub and spigot fittings or ASTM A 888 or CISPI 301 for hubless fittings. c. A two-inch cleanout may be used in an island vent configuration with a three-inch horizontal branch drain where a vertical vent is not installed pursuant to section P3112.4. (23) Section P3005.3 of the International Residential Code is amended by adding a new subsection P3005.3.1 to read as follows: P3005.3.1 Minimum velocity. Where conditions do not permit building drains and sewers to be laid with a fall as great as specified in section P3005.3, a lesser slope may be permitted, provided, however, that the computed velocity will not be less than 2 feet per second. Exception: When the drainage system cannot be designed to meet the prescribed code, the system must be designed by a licensed engineer. (24) Chapter 30 of the International Residential Code is amended by adding a new section P3009 to read as follows: SECTION P3011 SWIMMING POOLS P3011.1 Swimming pool backwashes. Wastewater from swimming pools, backwash from filters, and water from pool deck drains must discharge to the building drainage system through an indirect waste pipe by means of an air gap. (25) Section P3112 of the International Residential Code is amended by adding a new subsection P3112.4 to read as follows: P3112.4 A vertical vent must be installed on the drain line downstream of the island vent configuration, unless the building drain branch line is at least 3 inches (76 mm). (26) Section P3113.1 of the International Residential Code is amended by adding a new subsection P3113.1.1 to read as follows: Page 87 of 89 P3113.1.1 Minimum size of vent stack with water closet. Every sanitary drainage system receiving the discharge of a water closet must have a minimum three (3) inch diameter main vent that is either a vent stack or a stack vent. Such vent must run undiminished in size and as directly as possible from the building drain through to the open air above the roof. (27) Part VIII of the International Residential Code is deleted. Refer to the National Electrical Code for one and two family dwellings. (Ord. No. 029343, § 1, 1-10-2012; Ord. No. 029747, § 1, 2-26-2013; Ord. No. 029791, § 2, 4-9-2013) Secs. 14-292-14-300. - Reserved. Page 88 of 89 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 Michael Hunter The foregoing ordinance was read for the second time and passed finally on this day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Michael Hunter PASSED AND APPROVED this the ATTEST: Rebecca Huerta City Secretary day of , 2016. Nelda Martinez Mayor Page 89 of 89 Significant Revisions to Chapter 14 - Development Services, Article II - City of Corpus Christi Technical Construction Codes City Council Presentation May 10, 2016 Purpose & Methodology For Updating Construction Codes • The purpose of adopting updated Building Codes is to recognize new construction materials and methodologies and incorporate the latest design standards to protect public health, safety and welfare. • Meetings and workshops were held with all City Technical Advisory Boards and local Stakeholders throughout 2015. Elimination of City Electrical Licensing Program • Existing ordinance recognizes the State of Texas Electrical Licensing Program administered through the Texas Department of Licensing and Regulation as well as a City legacy Electrical Licensing Program. • City registered Electricians are required to obtain State licenses within ninety (90) days of the elimination of the City Program with no examination requirement. • Reduces administrative costs and assures all Electricians maintain minimal insurance coverage. Elimination of Re -Out Electrical Inspection Requirement • Existing ordinance requires an Owner / Tenant to obtain an electrical permit and inspection if service has been disconnected for more than 90 days in a commercial building or 180 days in a residential building. • Only 2 Cities (Corpus Christi & Victoria) require this type of inspection as a condition to releasing electrical service in AEP's service area (378 Texas Cities). • City Electrical Inspection staff can be better utilized to meet daily inspection requests for new electrical installations. Elimination of 50% Substantial Damage / Substantial Improvement Requirement (Excluding FEMA Requirement) • Existing ordinance requires an entire building be brought up to current code if the building incurs greater than 50% damage or if substantial improvements are proposed in excess of 50% of the building's appraisal value. • The rule is not a requirement of the International Residential Code or International Building Code. • Elimination of the requirement would require all new work to be code compliant while existing building components and systems may remain, consistent with the requirements of the International Code. New Provision to Register Building Contractors • Existing ordinance requires registration of Electrical, Mechanical, Plumbing, Energy and Irrigation Contractors. • Requires registration of all Contractors including Building, Roofing and Pool Contractors. • The database would be used to communicate new City policies and code determinations in an efficient manner via email. • The database will assist in identifying and prequalifying Contractors after a potential damaging storm to begin needed repairs. New Alternate Wind Load Provisions for Commercial Construction • Existing ordinance requires all new Residential and Commercial Project be designed and inspected for wind load by a State registered Engineer approved by the Texas Department of Insurance (TDI). • Allows an Owner / Developer to utilize a State registered Engineer to design and inspect a commercial project in accordance with current TDI standards for construction. • No technical changes or reduction in construction standards for wind load requirements are being proposed. Elimination of 25% Rule for Foundation Design and Certification • Existing ordinance does not require a State registered Engineer to design and certify new residential foundations or repairs where the area affected does not exceed 25% of the original foundation. • The International Residential Code recommends foundations on expansive soils be designed to the International Building Code commercial standards. • Requires all new residential foundations or repairs be designed and certified by a State registered Engineer. New Provision to Require Licensure for Work on Natural Gas Service Systems • Existing ordinance allows an Owner who has a homestead exemption for their residence to obtain permits and perform work on their residence. • Issuing permits to unlicensed, untrained persons to install, repair or alter a natural gas service system can lead to potential property damage as well as to surrounding properties. • Prohibits the issuance of a permit to install, repair or modify a natural gas service system in a residence unless such person is a State licensed Master Plumber. Proposed Time Lines / Key Dates • September 1, 2016 • Aligns with HB 1736 which establishes the 2015 International Energy Code as the State Energy Code effective September 1, 2016. The State Energy Conservation Office (SECO) may not adopt a new Energy Code more often than every 6 years. Questions ? AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of May 10, 2016 Second Reading Ordinance for the City Council Meeting of May 17, 2016 DATE: April 21, 2016 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Accepting and appropriating grant funds for Emergency Medical Service (EMS) operation CAPTION: Ordinance authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $2,951.62; and appropriating $2,951.62 from the Coastal Bend Regional Advisory Council into the No. 1056 Ambulance Grant Fund to purchase supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department. PURPOSE: The Coastal Bend Regional Advisory Council (RAC) has forwarded to the City a check as a grant in the amount of $2,951.62. This is a direct grant for the benefit of the City's Emergency Medical Service operations. No application was required. The EMS Division will purchase Pet CPR Masks, Bike Medic Radio Headsets and Bike Medic Helmets. This is the fifteenth year the RAC has distributed similar grants. These funds originated from the Texas Department of State Health Services and are routed to the RAC for distribution. Every Emergency Medical Service agency within the twelve county Coastal Bend who is actively participating in the RAC is eligible to receive a portion of these monies. The amount of funding to be received by each agency is based on the number of trauma emergencies the agency responds to on an annual basis. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of ordinance to accept and appropriate grant 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 ❑ 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 $2,951.62 $2,951.62 BALANCE $2,951.62 $2,951.62 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of this ordinance to execute all documents necessary to accept the grants and appropriate the funds in the amount of $2,951.62. LIST OF SUPPORTING DOCUMENTS: Ordinance Award Document Ordinance Authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $2,951.62; and appropriating $2,951.62 from the Coastal Bend Regional Advisory Council into the No. 1056 Ambulance Grant Fund to purchase supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $2,951.62. SECTION 2. That $2,951.62 is appropriated in the No. 1056 Ambulance Grant Fund to purchase supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department. 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor 2 CBRAC EMS COUNTY Grant FY 2015 Expenditure Report Must be returned to CBRAC prior to issuance of future funding checks Agency Name: CORPUS CHRISTI FIRE DEPARTMENT City & County: CORPUS CHRISTI, NUECES Director/admin of record: Mickie Flores (correct if necessary Re: Utilization of Funds Received from the CBRAC EMS Grant Total amount of allocation this provider Is eligible to rec e: $ $2,951.62 Purchase 1 Expenditures during period June 15. 2015 -Aueust 31.2016: $ _17,235.90_ (must be > $2,951.62) Type of Item Education Training Supplies Education /Training Computer Equipment Other Operational Expense Other Capital Expense Item Detail 1 Description Various Medical Supplies__ See Attached Spohn Invoice_ Total Cost $ _18,060.82_ $ $ $ 18,060.82 (Copies of receipts or purchase orders/connnitments for all funds expended MUST BE INCLUDED up to amount being received) *Please prioritize and list anticipated needs for upcoming FY *Please prioritize and list anticipated long-term system development needs Name of person completing report (PRINT): Mickie Flores Title: EMS Battalion Chief Phone: 361-826-3941 FAX: 361-826-4347 Administrator's Signature: ` -7 Title: EMS Battalion Chief Name (Print): Mickie Flores Date: 11-19-15 * Provide additional separate sheet if necessary AGENDA MEMORANDUM First Reading Item for the City Council Meeting of May 10, 2016 Second Reading Item for the City Council Meeting of May 17, 2016 DATE: April 22, 2016 TO: Ronald L. Olson, City Manager FROM: Stacie Talbert Anaya, Interim Director Staciet@cctexas.com 361-826-3460 Approve sale of parkland CAPTION: Ordinance approving the sale of properties as follows and authorizing the City Manager to execute documents necessary to complete each real estate sales transaction: a) Fountain Park (4938 Moody) to Seaside Builders, LLC in amount of $70,000; b) Mt. Vernon Park (5151 McArdle) to Corpus Christi Retail Venture and Corpus Christi Area Council for the Deaf in amount of $1,763,801.90. PURPOSE: To approve the sale of park properties and authorize the city manager to execute documents to finalize real estate sales transactions. BACKGROUND AND FINDINGS: October 2012 - The Parks & Recreation Master Plan is approved by City Council and identified 27 parks to be repurposed by means of adoption, lease, transfer to another government entity, sale or allowing them to return to a natural state. Three (3) of 27 were repurposed and/or adopted shortly after the plan was approved. June/July 2014 - Public hearings were held at City Council to place the remaining 24 parks on the ballot for approval of voters to sell. During this time, seven (7) additional parks were adopted or transferred to another agency for maintenance and removed from list to be considered by voters. Ballot language for Proposition 3 — Sale of City Parkland for the remaining 17 parks was established. September 2014 - City Council passed a resolution mandating the proceeds of sales were to be reinvested in existing parks and established a process for notification to adjacent landowners prior to each sale. In November 2014, voters approved Proposition 3 to authorize the city to list designated park properties for sale. In early 2015, the City elected the vehicle for selling the properties would be to list them with a licensed real estate broker and negotiate the highest cash offer for each property. Three parks (Caribbean, Kosar and Breakwater) were removed from the list because leases or sales with governmental entities are being explored. The Clower Company (TCC) was identified through the request for qualification process to represent the City in the transactions. The properties were listed for sale in a multiple listing service on January 24, 2016. Signs were posted at the parks and TCC made contact with all entities who had expressed interest in the parks since Proposition 3 was approved. In addition, residents within 500 feet of each park were notified by mail that the park was being listed for sale. While there has been interest in each of the properties, the negotiated cash offers have been received for the seven properties presented today. By state law, the city may only accept the highest cash offer for each property. By city ordinance, the proceeds from the sale of the parks must be reinvested in the park system according to the 2012 Parks & Recreation Master Plan. Home and property owners within 500 feet of each of the parks being considered for sale today were notified via mail of the agenda item and the opportunity to make public comment. In addition, signs were posted in the park noting the time and date of this city council meeting The properties will be sold "As -Is" and the City not incur the cost of removing any existing equipment or buildings as a condition of sale. Any utilities required for development would be modified/improved at the cost of developer/purchaser. Proceeds from the sale of both properties must be reinvested in the park system per the master plan including the improvement of major investment parks and neighborhood parks in the respective planning areas. ALTERNATIVES: Do not approve sale of parkland properties. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council must approve real estate transactions. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal, Finance 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 RECOMMENDATION: Staff recommends approval of this ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Contracts for sale of parkland properties Location Maps — Parkland properties Ordinance approving the sale of properties as follows and authorizing the City Manager to execute documents necessary to complete each real estate sales transaction: a) Fountain Park (4938 Moody) to Seaside Builders, LLC in amount of $70,000; b) Mt. Vernon Park (5151 McArdle) to Corpus Christi Retail Venture and Corpus Christi Area Council for the Deaf in amount of $1,763,801.90. Whereas, pursuant to Resolution 030211, Ordinance 030253, and Texas Local Government Code section 253.001, an election was held on November 4, 2014 which authorized sale of certain parklands; Whereas, the City entered into a broker agreement pursuant to Texas Local Government Code section 253.014 and the broker has submitted the highest cash offers received; Whereas, as required in Resolution 030278, at least 10 days prior to the first reading of this ordinance, notice was sent to the property owners within 500 feet of the park land to be sold giving notice of the time, date, and location of the council meeting, contact phone number; and a statement that interested parties may appear; and signage was posted at each park; Whereas, Texas Local Government Code Section 253.001 requires the governing body to adopt an ordinance directing the municipality's mayor or city manager to execute the conveyances; Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The statements made in the recital paragraphs of this ordinance are true and correct and incorporated into this ordinance. SECTION 2. That the following sales of surplus park property are hereby approved: a) Fountain Park located at 4938 Moody to Seaside Builders, LLC in the amount of $70,000. b) Mt. Vernon Park located at 5151 McArdle to Corpus Christi Retail Venture, LP and Corpus Christi Area Council for the Deaf, Inc. in the amount of $1,763,801.90. SECTION 3. That the City Manager is authorized to execute any and all documents necessary to complete the real estate sales transactions including but not limited to zoning and plat applications, and all closing documents including special warranty deeds. 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Mark Scott Colleen McIntyre Carolyn Vaughn PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor 40"0, TEXAS ASSOCIATION OF REALTORS' COMMERCIAL CONTRACT - UNIMPROVED PROPERTY USE OF THIS FORM Ire PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS® IS NOT AUTHORIZED !Row Association of REALTORSS, Inc. 2016 1. PARTIES: Seller agrees to sell and convey to Buyer the Property described in Paragraph 2. Buyer agrees to buy the Property from Seller for the sales price stated in Paragraph 3. The parties to this contract are: Seller: City of Corpus Christi, a Texas municipal corporation Address: 1201 Leopard St. Corpus Christi, Texas 78401 Phone: E-mail: Fax: Other: Buyer: Seaside Builders, LLC. Address: 5433 Erin Drive Corpus Christi, Texas 78403 Phone: E-mail: Fax: Other: 2. PROPERTY: A. "Property/ means that real property situated in Nueces County, Texas at 4938 Moody, CC TX Fountain Park (address) and that is legally described on the attached Exhibit or as follows: A tract of land located at 4938 Moody known as Fountain Park being legally described as Two Fountain Unit 2, Corpus Christi, Nueces County, Texas with any and all Improvements contained thereon. NCAD Tax ID #8949- 0002-1000. See Exhibit "A" attached hereto. B. Seller will sell and convey the Property together with: (1) all rights, privileges, and appurtenances pertaining to the Property, including Seller's right, title, and interest (2) Seller's interest in all leases, rents, and security deposits for all or part of the Property; and (3) Seller's interest in all licenses and permits related to the Property. (Describe any exceptions, reservations, or restrictions in Paragraph 12 or an addendum.) (If mineral rights are to be reserved an appropriate addendum should be attached.) 3. SALES PRICE: A. At or before closing, Buyer will pay the following sales price for the Property: (1) Cash portion payable by Buyer at closing $ (2) Sum of all financing described in Paragraph 4 $ (3) Sales price (sum of 3A(1) and 3A(2)) $ (TAR -1802) 1-1-16 Initialed tor Identification by Saar 70,000.00 0.00 70,000.00 and Buyer r— Page 1 of 13 Carryla.rq.nnvtl lamp lWOCartna7 .• tom Aden. .y lac nee Pips.. slat. 1N Hum TX 76053,{600)327-1t76 Clay of CC Folau.m suits. 6uitl.H 0416 it Ratted 5 5420 AU ina Commercial Contract - Unimproved Property concerning 4938 Moody, CC TX Fountain Park B. Adjustment to Sales Price: (Check (1) or (2) only.) ti (1) The sales price will not be adjusted based on a survey. ❑ (2) The sales price will be adjusted based on the latest survey obtained under Paragraph 6B. (a) The sales price is calculated on the basis of $ Nra per: ❑ (i) square foot of ❑ total area 0 net area. ❑ (ii) acre of 0 total area 0 net area. (b) "Total area" means all land area within the perimeter boundaries of the Property. "Net area" means total area Tess any area of the Property within: ❑ (i) public roadways; ❑ (ii) rights-of-way and easements other than those that directly provide utility services to the Property; and ❑ (iii) N. (c) If the sales price is adjusted by more than re -A% of the stated sales price, either party may terminate this contract by providing written notice to the other party within NIA days after the terminating party receives the survey. If neither party terminates this contract or if the variance is less than the stated percentage, the adjustment to the sales price will be made to the cash portion of the sales price payable by Buyer. 4. FINANCING: Buyer will finance the portion of the sales price under Paragraph 3A(2) as follows: • A. Third Party Financing: One or more third party loans in the total amount of $ . This contract: ❑ (1) is nf�t contingent upon Buyer obtaining third party financing. ❑ (2) is contingent upon Buyer obtaining third party financing in accordance with the attached Commercial Contract Financing Addendum (TAR -1931). O B. Assumption: In accordance with the attached Commercial Contract Financing Addendum (TAR -1931), Buyer will assume the existing promissory note secured by the Property, which balance at closing will be $ ❑ C. Seller Financing. The delivery of a promissory note and deed of trust to Seller under the terms of the attached Commercial Contract Financing Addendum (TAR -1931) in the amount of $ NIA , 5. EARNEST MONEY: A. Not later than 3 days after the effective date, Buyer must deposit $ 500.00 as earnest money with First Title Co. of CC. do J. Reese Buchanan (title company) at 3765 S. Alameda St. #205, Corpus Christi, TX 78 (address) J. Reese Buchanan (closer). If Buyer fails to timely deposit the earnest money, Seller may terminate this contract or exercise any of Seller's other remedies under Paragraph 15 by providing written notice to Buyer before Buyer deposits the earnest money. B. Buyer will deposit an additional amount of $ 0.00 with the title company to be made part of the earnest money on or before: ❑ (i) N/A days after Buyer's right to terminate under Paragraph 7B expires; or ❑ (ii) N/A Buyer will be in default if Buyer fails to deposit the additional amount required by this Paragraph 5B within 3 days after Seller notifies Buyer that Buyer has not timely deposited the additional amount. (TAR -1802) 1-1-16 Initialed for identification by Seiler and Buyer , Page 2 of 13 ConpsM psanua using AuaConnct 7 A._ 6amAuanoiny U.C, 1060 W Pµsw. but. tat Hutu, 7X 70063. (a00) 332 1 178 Coy of CC Foaasn Ssamas Buwn 01167! Panted 0 5431 AA11118 Commercial Contract - Unimproved Property concerning 4938 Moody, CC TX Fountain Park C. Buyer may instruct the title company to deposit the earnest money in an interest-bearing account at a federally insured financial institution and to credit any interest to Buyer. 6. TITLE POLICY AND SURVEY: A. Title Policy: (1) Seller, at Seller's expense, will fumish Buyer an Owner's Policy of Title Insurance (the title policy) issued by any underwriter of the title company in the amount of the sales price, dated at or after closing, insuring Buyer against loss under the title policy, subject only to: (a) those title exceptions permitted by this contract or as may be approved by Buyer in writing; and (b) the standard printed exceptions contained in the promulgated form of title policy unless this contract provides otherwise. (2) The standard printed exception as to discrepancies, conflicts, or shortages in area and boundary lines, or any encroachments or protrusions, or any overlapping improvements: {a) will not be amended or deleted from the title policy. ❑ (b) will be amended to read "shortages in areas" at the expense of 0 Buyer ❑ Seller. {3) Within 5 days after the effective date, Seller will furnish Buyer a commitment for title insurance (the commitment) including legible copies of recorded documents evidencing title exceptions. Seller authorizes the title company to deliver the commitment and related documents to Buyer at Buyer's address. B. Survey: Within 10 days after the effective date: le (1) Buyer will obtain a survey of the Property at Buyer's expense and deliver a copy of the survey to Seller. The survey must be made in accordance with the: (i) ALTNACSM Land Title Survey standards, or (ii) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. Seller will reimburse Buyer 0.00 (insert amount) of the cost of the survey at closing, if closing occurs. 0 (2) Seller, at Seller's expense, will fumish Buyer a survey of the Property dated after the effective date. The survey must be made in accordance with the: (i) ALTA/ACSM Land Title Survey standards, or (ii) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. 0 (3) Seller will deliver to Buyer and the title company a true and correct copy of Seller's most recent survey of the Property along with an affidavit required by the title company for approval of the existing survey. If the existing survey is not acceptable to the title company, Seller, at Seller's expense, will obtain a new or updated survey acceptable to the title company and deliver the acceptable survey to Buyer and the title company within 20 days after Seller receives notice that the existing survey is not acceptable to the title company. The closing date will be extended daily up to 20 days if necessary for Seller to deliver an acceptable survey within the time required. Buyer will reimburse Seller NIA (insert amount) of the cost of the new or updated survey at closing, if closing occurs. C. Buyer's Objections to the Commitment and Survey: (1) Within 5 days after Buyer receives the commitment, copies of the documents evidencing the title exceptions, and any required survey, Buyer may object in writing to matters disclosed in the items if: (a) the matters disclosed are a restriction upon the Property or constitute a defect or encumbrance to title other than those permitted by this contract or liens that Seller will satisfy at closing or Buyer will assume at closing; or (b) the items show that any part of the Property lies in a special flood hazard area (an "A" or "V" zone as defined by FEMA). if Paragraph 6B(1) applies, (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer Page 3 of 13 C6776cea76anu6ta6 08.00H00CYR4C17 ean,IW0Ra61y. LLC, 10E0 W P r1.0. luta 101 Muni, TX 76030.16000ZZ 1176 Gly [ICC FOWRam &60006 Budin (tale Pnadle s 9L 21 AM lilat Commercial Contract - Unimproved Property concerning 4938 Moody, CC TX Fountain Park Buyer is deemed to receive the survey on the earlier of: (i) the date of Buyer's actual receipt of the survey; or (ii) of the deadline specified in Paragraph 6B. (2) Seller may, but is not obligated to, cure Buyer's timely objections within 15 days after Seller receives the objections. The closing date will be extended as necessary to provide such time to cure the objections. If Seller fails to cure the objections by the time required, Buyer may terminate this contract by providing written notice to Seller within 5 days after the time by which Seller must cure the objections. If Buyer terminates, the earnest money, less any independent consideration under Paragraph 7B(1), will be refunded to Buyer. (3) Buyer's failure to timely object or terminate under this Paragraph 6C is a waiver of Buyer's right to object except that Buyer will not waive the requirements in Schedule C of the commitment. 7. PROPERTY CONDITION: A. Present Condition: Buyer accepts the Property in its present condition except that Seller, at Seller's expense, will complete the following before closing: None.. Buyer accepts the property in Its AS 15 WHERE IS condition with any and all faults. See Exhibit B. B. Feasibility Period: Buyer may terminate this contract for any reason within 30 days after the effective date (feasibility period) by providing Seller written notice of termination. (Check only one box.) ti (1) If Buyer terminates under this Paragraph 7B, the earnest money will be refunded to Buyer Tess $ 500.00 that Seller will retain as independent consideration for Buyer's unrestricted right to terminate. Buyer has tendered the independent consideration to Seller upon payment of the amount specified in Paragraph 5A to the title company. The independent consideration is to be credited to the sales price only upon closing of the sale. If no dollar amount is stated in this Paraaraph 7B(11 or if Buyer fails to deposit the earnest money. Buyer will not have the rioht to terminate under this Paraaraph 7B. 0 (2) Not later than 3 days after the effective date, Buyer must pay Seller $ Nra as independent consideration for Buyer's right to terminate by tendering such amount to Seller or Seller's agent. If Buyer terminates under this Paragraph 7B, the earnest money will be refunded to Buyer and Seller will retain the independent consideration. The independent consideration will be credited to the sales price only upon closing of the sale. If no dollar amount is stated in this Paragraph 7B(2) or if Buyer fails to pay the independent consideration, Buyer will not have theright to terminate under this Paragraph 7B. C. Inspections, Studies, or Assessments: (1) During the feasibility period, Buyer, at Buyer's expense, may complete or cause to be completed any and all inspections, studies, or assessments of the Property (including all improvements and fixtures) desired by Buyer. (2) Buyer must: (a) employ only trained and qualified inspectors and assessors; (b) notify Seller, in advance, of when the inspectors or assessors will be on the Property; (c) abide by any reasonable entry rules or requirements of Seller; (d) not interfere with existing operations or occupants of the Property; and (e) restore the Property to its original condition if altered due to inspections, studies, or assessments that Buyer completes or causes to be completed. (TAR -1802) 1-1-16 Initialed for Identification by Seater and Buyer Page 4 of 13 Conq,,ge ®emnled odury.WtcControot 7 ^' 0om MdoR..ty LLC 1000W Moine Odd 101 14.1. TO 15047. ---500) 832-11 0 City o(CC - Fonalain sodwo &Asa • 04101( Pooled 5 04 21 +dA 4,15 Commercial Contract - Unimproved Property concerning 4938 Moody, CC TX Fountain Park (3) Except for those matters that arise from the negligence of Seller or Seller's agents, Buyer is responsible for any claim, liability, encumbrance, cause of action, and expense resulting from Buyer's inspections, studies, or assessments, including any property damage or personal injury. Buyer will indemnify, hold harmless, and defend Seller and Seller's agents against any claim involving a matter for which Buyer is responsible under this paragraph. This paragraph survives termination of this contract. D. Property Information: (1) Delivery of Property Information: Within Buyer: (Check all that apply.) 0 0 -up days after the effective date, Seller will deliver to • (e) plats of the Property; atm • (g) if an of the above is in Seller's •ossession or control. (2) Return of Property Information: 11 this contract terminates for any reason, Buyer will, not later than 10 days after the termination date: (Check all that apply.) ❑ (a) return to Seller all those items described in Paragraph 7D(1) that Seller delivered to Buyer in other than an electronic format and all copies that Buyer made of those items; • (b) delete or destroy all electronic versions of those items described in Paragraph 7D(1) that Seller delivered to Buyer or Buyer copied; and • (c) deliver copies of all inspection and assessment reports related to the Property that Buyer completed or caused to be completed. This Paragraph 7D(2) survives termination of this contract. E. Contracts Affecting Operations: Until closing, Seller: (1) will operate the Property in the same manner as on the effective date under reasonably prudent business standards; and (2) will not transfer or dispose of any part of the Property, any interest or right in the Property, or any of the personal property or other items described in Paragraph 2B or sold under this contract. After the feasibility period ends, Seller may not enter into, amend, or terminate any other contract that affects the operations of the Property without Buyer's written approval. 8. LEASES: A. Each written lease Seller is to assign to Buyer under this contract must be in full force and effect according to its terms. Seller may not enter into any new lease, fail to comply with any existing lease, or make any amendment or modification to any existing lease without Buyer's written consent. Seller must disclose, in writing, if any of the following exist at the time Seller provides the leases to the Buyer or subsequently occur before closing: (1) any failure by Seller to comply with Seller's obligations under the leases; (2) any circumstances under any lease that entitle the tenant to terminate the lease or seek any offsets or damages; (3) any advance sums paid by a tenant under any lease; (4) any concessions, bonuses, free rents, rebates, brokerage commissions, or other matters that affect any lease; and (TAR -1802) 1-1-16 Initialed for identification by Seller and Buyer VJ , Page 5 of 13 Can dor(.n.rel.G wing AutoCons4417' from moNNry LLC.1060W P9414, (w. 101. lint T% 76053, (S00)322 11T5 City .I CC. F, t n s..444 &Mors 04t21 Primes 55.22 MI 4(14 Commercial Contract - Unimproved Property concerning 4938 Moody. CC TX Fountaln Park (5) any amounts payable under the leases that have been assigned or encumbered, except as security for loan(s) assumed or taken subject to under this contract. cortificatoc cignod not oarlior than by oath toraat that Ioasos cpaco 9. BROKERS: A. The brokers to this sale are: Principal Broker:The Clower Company Agent:George B. Clower Cooperating Broker: Mirabel Montalvo & Associates Agent: Chris Montalvo Address: P.O. Box 2525 Address: 510 Gordon St. Corpus Christi, Texas 78403 Corpus Christi, Texas Phone & Fax:361-880-4111 361-880-4118 Phone & Fax:361-765-1725. 210-568-6777 E-mall:gbclower aol.com E-mall:chris corpuschris.com License No.:428055 License No.:528565 Principal Broker: (Check only one box) Cooperating Broker represents Buyer. Ei represents Seller only. ❑ represents Buyer only. O is an intermediary between Seller and Buyer. B. Fees: (Check only (1) or (2) below.) (Complete the Agreement Between Brokers on page 13 only if (1) is selected.) (1) Seller will pay Principal Broker the fee specified by separate written commission agreement between Principal Broker and Seller. Principal Broker will pay Cooperating Broker the fee specified in the Agreement Between Brokers found below the parties' signatures to this contract. ❑ (2) At the closing of this sale, Seller will pay: Principal Broker a total cash fee of: ❑ NA % of the sales price. ❑ NIA Cooperating Broker a total cash fee of: ❑ NIA % of the sales price. 0 NIA The cash fees will be paid in Nueces County, Texas. Seiler authorizes the title company to pay the brokers from the Seller's proceeds at closing. NOTICE: Chapter 62, Texas Property Code, authorizes a broker to secure an earned commission with a lien against the Property. C. The parties may not amend this Paragraph 9 without the written consent of the brokers affected by the amendment. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer Page 6 of 13 Corlp,a.r PMnbdwnp 0woCarv.<t 7 OomN.oa...y LLL 1000 W PION. Iwo 101 Hnt. T% 76053..;0001322.1175 City of CC Fountain 0...d. euwn 0415 Mulled 5 54 22 4,1111 Commercial Contract - Unimproved Property concerning 4938 Moody, CC TX Fountain Park 10. CLOSING: A. The date of the closing of the sale (closing date) will be on or before the later of: (1) Vi thirty t3 j days after the expiration of the feasibility period. 0 N/A (specific date). ❑ NIA (2) 7 days after objections made under Paragraph 6C have been cured or waived. B. If either party fails to close by the closing date, the non defaulting party may exercise the remedies in Paragraph 15. C. At dosing, Seller will execute and deliver, at Seller's expense, a 0 general xi special warranty deed. The deed must include a vendor's lien if any part of the sales price is financed. The deed must convey good and indefeasible title to the Property and show no exceptions other than those permitted under Paragraph 6 or other provisions of this contract. Seller must convey the Property: (1) with no liens, assessments, or other security interests against the Property which will not be satisfied out of the sales price, unless securing loans Buyer assumes; (2) without any assumed loans in default; and (3) with no persons in possession of any part of the Property as lessees, tenants at sufferance, or trespassers except tenants under the written leases assigned to Buyer under this contract. D. At dosing, Seller, at Seller's expense, will also deliver to Buyer: (1) tax statements showing no delinquent taxes on the Property; (2) an assignment of all leases to or on the Property; (3) to the extent assignable, an assignment to Buyer of any licenses and permits related to the Property; (4) evidence that the person executing this contract is legally capable and authorized to bind Seller; (5) an affidavit acceptable to the title company stating that Seller is not a foreign person or, if Seller is a foreign person, a written authorization for the title company to: (i) withhold from Seller's proceeds an amount sufficient to comply applicable tax law; and (ii) deliver the amount to the Internal Revenue Service (IRS) together with appropriate tax forms; and (6) any notices, statements, certificates, affidavits, releases, and other documents required by this contract, the commitment, or law necessary for the closing of the sale and issuance of the title policy, all of which must be completed by Seller as necessary. E. At closing, Buyer will: (1) pay the sales price in good funds acceptable to the title company; (2) deliver evidence that the person executing this contract is legally capable and authorized to bind Buyer; (3) sign and send to each tenant in a lease for any part of the Property a written statement that: (a) acknowledges Buyer has received and is responsible for the tenants security deposit; and (b) specifies the exact dollar amount of the security deposit; (4) sign an assumption of all leases then in effect; and (5) execute and deliver any notices, statements, certificates, or other documents required by this contract or law necessary to close the sale. F. Unless the parties agree otherwise, the closing documents will be as found in the basic fomes in the current edition of the State Bar of Texas Real Estate Forms Manual without any additional clauses. 11. POSSESSION: Seller will deliver possession of the Property to Buyer upon closing and funding of this sale in its present condition with any repairs Seller is obligated to complete under this contract, ordinary wear and tear excepted. Any possession by Buyer before closing or by Seller after closing that is not authorized by a separate written lease agreement is a landlord -tenant at sufferance relationship between the parties. (TAR -1802) 1-1.16 Initialed for Identification by Seller and Buyer Page 7 of 13 CongMr panarana mop MaoCorenn T6omMacRaaay LLC, 1060 W Pryalna, Sato 101 Item, TX 76053, (6361322.1176 C.ty of CC FnWn.. • 6aaal6. O kJ.ti 041611 Prima 5 Si 23 MA 4111 Commercial Contract - Unimproved Property concerning 4938 Moody, CC TX Fountain Park 12. SPECIAL PROVISIONS: The following special provisions apply and will control in the event of a conflict with other provisions of this contract. (If special provisions are contained in an Addendum, identify the Addendum here and reference the Addendum in Paragraph 22D.) See attached Addendum to Commercial Contract attached hereto_ 13. SALES EXPENSES: A. Seller's Expenses: Seller will pay for the following at or before closing: (1) releases of existing liens, other than those liens assumed by Buyer, including prepayment penalties and recording fees; (2) release of Seller's loan liability, if applicable; (3) tax statements or certificates; (4) preparation of the deed; (5) one-half of any escrow fee; (6) costs to record any documents to cure title objections that Seller must cure; and (7) other expenses that Seller will pay under other provisions of this contract. B. Buyer's Expenses: Buyer will pay for the following at or before closing: (1) all loan expenses and fees; (2) preparation of any deed of trust; (3) recording fees for the deed and any deed of trust; (4) premiums for flood insurance as may be required by Buyer's lender, (5) one-half of any escrow fee; (6) other expenses that Buyer will pay under other provisions of this contract. 14. PRORATIONS: A. Prorations: (1) Interest on any assumed loan, taxes, rents, and any expense reimbursements from tenants will be prorated through the closing date. (2) If the amount of ad valorem taxes for the year in which the sale closes is not available on the closing date, taxes will be prorated on the basis of taxes assessed in the previous year. If the taxes for the year in which the sale closes vary from the amount prorated at closing, the parties will adjust the prorations when the tax statements for the year in which the sale closes become available. This Paragraph 14A(2) survives closing. (3) If Buyer assumes a loan or is taking the Property subject to an existing lien, Seller will transfer all reserve deposits held by the lender for the payment of taxes, insurance premiums, and other charges to Buyer at closing and Buyer will reimburse such amounts to Seller by an appropriate adjustment at closing. B. Rollback Taxes: If Seller's use or change in use of the Property before closing results in the assessment of additional taxes, penalties, or interest (assessments) for periods before closing, the assessments will be the obligation of the Seller. If this sale or Buyer's use of the Property after closing results in additional assessments for periods before closing, the assessments will be the obligation of Buyer. This Paragraph 14B survives closing. C. Rent and Security Deposits: At closing, Seller will tender to Buyer all security deposits and the following advance payments received by Seller for periods after closing: prepaid expenses, advance rental payments, and other advance payments paid by tenants. Rents prorated to one party but received by the other party will be remitted by the recipient to the party to whom it was prorated within 5 days after the rent is received. This Paragraph 14C survives closing. (TAR -1802) 1.1.16 Initialed for Identification by Seller and Buyer , Page 8 of 13 Conprp.r prorated Wm6.4soCneueCl 7 r. 6om7468Re.Ey U.0 1060W P,pdn., 7.7. 101 Mn4 TX 76073.,6001 773.1176 Cdy 71 CC FOud.m e.1114. BOHM" 04167 Pmi.d 554 27 RAE U1E Commercial Contract - Unimproved Property concerning 4938 Moody. CC TX Fountain Park 15. DEFAULT: A. If Buyer fails to comply with this contract, Buyer is in default and Seller, as Seller's sole remedy(ies), may terminate this contract and receive the eamest money, as liquidated damages for Buyer's failure except for any damages resulting from Buyer's inspections, studies or assessments in accordance with Paragraph 7C(3) which Seller may pursue, or (Check if applicable) ❑ enforce specific performance, or seek such other relief as may be provided by law. B. If, without fault, Seller is unable within the time allowed to deliver the estoppel certificates, survey or the commitment, Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 7B(1), as liquidated damages and as Buyer's sole remedy; or (2) extend the time for performance up to 15 days and the closing will be extended as necessary. C. Except as provided in Paragraph 15B, if Seller fails to comply with this contract, Seller is in default and Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 7B(1), as liquidated damages and as Buyer's sole remedy;ef. 16. CONDEMNATION: If before closing, condemnation proceedings are commenced against any part of the Property, Buyer may: A. terminate this contract by providing written notice to Seller within 15 days after Buyer is advised of the condemnation proceedings and the earnest money, less any independent consideration paid under Paragraph 7B(1), will be refunded to Buyer; or B. appear and defend in the condemnation proceedings and any award will, at Buyer's election, belong to: (1) Seller and the sales price will be reduced by the same amount; or (2) Buyer and the sales price will not be reduced. 17. ATTORNEY'S FEES: If Buyer, Seller, any broker, or the title company is a prevailing party in any legal proceeding brought under or with relation to this contract or this transaction, such party is entitled to recover from the non -prevailing parties all costs of such proceeding and reasonable attomey's fees. This Paragraph 17 survives termination of this contract. 18. ESCROW: A. At closing, the earnest money will be applied first to any cash down payment, then to Buyer's closing costs, and any excess will be refunded to Buyer. If no closing occurs, the title company may require payment of unpaid expenses incurred on behalf of the parties and a written release of liability of the title company from all parties. B. If one party makes written demand for the earnest money, the title company will give notice of the demand by providing to the other party a copy of the demand. If the title company does not receive written objection to the demand from the other party within 15 days after the date the title company sent the demand to the other party, the title company may disburse the earnest money to the party making demand, reduced by the amount of unpaid expenses incurred on behalf of the party receiving the earnest money and the title company may pay the same to the creditors. C. The title company will deduct any independent consideration under Paragraph 7B(1) before disbursing any earnest money to Buyer and will pay the independent consideration to Seller. D. If the title company complies with this Paragraph 18, each party hereby releases the title company from all claims related to the disbursal of the eamest money. (TAR -1802) 1-1-16 Initialed for Identification by Seller Co.. * Ir 0.0/%01,0 roup 7,01000000c17 ••. Tram hie7iHq LLC 7000 W Pull. 66.10 101 IWI. T% 70057..700. 372 1170 and Buyer Page 9of13 Commercial Contract- Unimproved Property concerning 4938 Moody, CC TX Fountain Park E. Notices under this Paragraph 18 must be sent by certified mail, return receipt requested. Notices to the title company are effective upon receipt by the title company. F. Any party who wrongfully fails or refuses to sign a release acceptable to the title company within 7 days after receipt of the request will be liable to the other party for: (i) damages; (ii) the earnest money; (iii) reasonable attomey's fees; and (iv) all costs of suit. G. 0 Seller 0 Buyer intend(s) to complete this transaction as a part of an exchange of like -kind properties in accordance with Section 1031 of the Internal Revenue Code, as amended. All expenses in connection with the contemplated exchange will be paid by the exchanging party. The other party will not incur any expense or liability with respect to the exchange. The parties agree to cooperate fully and in good faith to arrange and consummate the exchange so as to comply to the maximum extent feasible with the provisions of Section 1031 of the Internal Revenue Code. The other provisions of this contract will not be affected in the event the contemplated exchange fails to occur. Property Condition Statomont (TAR_1108) (1) any 3ub3urtaoc: 3truoturc3, pit3, wa3tc, 3pring3, or improvcmcnt3; (1) whcthcr thc Property b or ha3 bccn u3cd for thc atoragc or di3po3al of hazardou3 matcrial3 or (6) any wctland3, a3 dcfincd by fcdcral or 3tatc law or rcgulation, on the Property; 20. NOTICES: All notices between the parties under this contract must be in writing and are effective when hand -delivered, mailed by certified mail retum receipt requested, or sent by facsimile transmission to the parties addresses or facsimile numbers stated in Paragraph 1. The parties will send copies of any notices to the broker representing the party to whom the notices are sent, 0 A. Seller also consents to receive any notices by e-mail at Seller's e-mail address stated in Paragraph 1. 0 B. Buyer also consents to receive any notices by e-mail at Buyer's e-mail address stated in Paragraph 1. 21. DISPUTE RESOLUTION: The parties agree to negotiate in good faith in an effort to resolve any dispute related to this contract that may arise. If the dispute cannot be resolved by negotiation, the parties will submit the dispute to mediation before resorting to arbitration or litigation and will equally share the costs of a mutually acceptable mediator. This paragraph survives termination of this contract. This paragraph does not preclude a party from seeking equitable relief from a court of competent jurisdiction. 22. AGREEMENT OF THE PARTIES: A. This contract is binding on the parties, their heirs, executors, representatives, successors, and permitted assigns. This contract is to be construed in accordance with the laws of the State of Texas. (TAR•1802) 1.1.16 Initialed for Identification by Seller Canpn.r pn.,.t.d l6in knoCol.r.ct 7 ^' * ,n0d.R..ry, LLC 7000 w pool=. &.H 101 Mius& Tx 70057. 000i 332-1770 and Buyer Page 1 Q of 13 Commercial Contract - Unimproved Property conceming 4938 Moody, CC TX Fountain Park If any term or condition of this contract shall be held to be invalid or unenforceable, the remainder of this contract shall not be affected thereby. B. This contract contains the entire agreement of the parties and may not be changed except in writing. C. If this contract is executed in a number of identical counterparts, each counterpart is an original and all counterparts, collectively, constitute one agreement. D. Addenda which are part of this contract are: (Check all that apply.) ti (1) Property Description Exhibit identified in Paragraph 2; 0 )121 (9) See Attached Addendum to Contract and Exhibit B. Information About Brokerage Services (TAR -2501); and (Note: Counsel for the Texas Association of REALTORS (TAR) has determined that any of the foregoing addenda which are promulgated by the Texas Real Estate Commission (TREC) or published by TAR are appropriate for use with this form.) E. Buyer t21 may 0 may not assign this contract. if Buyer assigns this contract, Buyer will be relieved of any future liability under this contract only if the assignee assumes, in writing, all obligations and liability of Buyer under this contract. 23. TIME: Time is of the essence in this contract. The parties require strict compliance with the times for performance. If the last day to perform under a provision of this contract falls on a Saturday, Sunday, or legal holiday, the time for performance is extended until the end of the next day which is not a Saturday, Sunday, or legal holiday. 24. EFFECTIVE DATE: The effective date of this contract for the purpose of performance of all obligations is the date the title company receipts this contract after all parties execute this contract. 25. ADDITIONAL NOTICES: A. Buyer should have an abstract covering the Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a title policy. B. If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fees of the district before final execution of this contract. C. Notice Required by §13.257, Water Code: "The real property, described below, that you are about to purchase may be located in a certificated water or sewer service area, which is authorized by law to provide water or sewer service to the properties in the certificated area. If your property is located in a certificated area there may be special costs or charges that you will be required to pay before you can receive water or sewer service. There may be a period required to construct lines or other facilities necessary to provide water or sewer service to your property. You are advised to determine if the property is in a certificated area and contact the utility service provider to determine the cost that you will be required to pay and the period, if any, that is required to provide water or sewer service to your property. The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or before the execution of a binding contract for the purchase of the real property described in the notice or at closing of purchase of the real property." The real property is described in Paragraph 2 of this contract. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer Page 11 of 13 Co.p.r generated tsug Naotomecl T^' Rom woR..liy, LLC, 1080 W P,p.In., S .101 r..at, TX 78053,1800) 373.1 iTS Cory a1 CC. conium- B...W Boats. 01181 Pm.ed 55425M1/tE Commercial Contract - Unimproved Property conceming 4938 Moody, CC TX Fountain Park D. If the Property adjoins or shares a common boundary with the tidally influenced submerged lands of the state, §33.135 of the Texas Natural Resources Code requires a notice regarding coastal area property to be included as part of this contract. E. If the Property is located seaward of the Gulf Intracoastal Waterway, §61.025, Texas Natural Resources Code, requires a notice regarding the seaward location of the Property to be included as part of this contract. F. If the Property is located outside the limits of a municipality, the Property may now or later be included in the extra -territorial jurisdiction (ETJ) of a municipality and may now or later be subject to annexation by the municipality. Each municipality maintains a map that depicts its boundaries and ETJ. To determine if the Property is located within a municipality's ETJ, Buyer should contact all municipalities located in the general proximity of the Property for further information. G. Brokers are not qualified to perform property inspections, surveys, engineering studies, environmental assessments, or inspections to determine compliance with zoning, governmental regulations, or laws. Buyer should seek experts to perform such services. Buyer should review local building codes, ordinances and other applicable laws to determine their effect on the Property. Selection of experts, inspectors, and repairmen is the responsibility of Buyer and not the brokers. Brokers are not qualified to determine the credit worthiness of the parties. H. NOTICE OF WATER LEVEL FLUCTUATIONS: If the Property adjoins an impoundment of water, including a reservoir or lake, constructed and maintained under Chapter 11, Water Code, that has a storage capacity of at least 5,000 acre-feet at the impoundment's normal operating level, Seller hereby notifies Buyer: "The water level of the impoundment of water adjoining the Property fluctuates for various reasons, including as a result of: (1) an entity lawfully exercising its right to use the water stored in the impoundment or (2) drought or flood conditions." 26. CONTRACT AS OFFER: The execution of this contract by the first party constitutes an offer to buy or sell the Property. Unless the other party accepts the offer by 5:00 p.m., in the time zone in which the Property is located, on May 11th, 2016 , the offer will lapse and become null and void. READ THIS CONTRACT CAREFULLY. The brokers and agents make no representation or recommendation as to the legal sufficiency, legal effect, or tax consequences of this document or transaction. CONSULT your attorney BEFORE signing. seller: City of Corpus Christi, a Texas municipal corporation Buyer: Seaside Builder LLC. By: By: By (signature): By (signature): Printed Name: Printed Name: Title: Title: By: By: By (signature): By (signature): Printed Name: Printed Name: Title: Title: (TAR -1802) 1-1-16 Page 12 of 13 certwsn 6.00804 wvq aMeCertra01 1111 Rem5101s0aaty, LLC. 1060 W P5410.. Sulo 101 Huai. Tx 160514.. 500. 122-1170 Cey of CC - Fouk.in 9.aside eup.n 04101 Pmt.a 565 26 41 411 Commercial Contract - Unimproved Property concerning AGREEMENT BETWEEN BROKERS (use only if Paragraph 9B(1) is effective) Principal Broker agrees to pay Mirabel Montalvo & Associates (Cooperating Broker) a fee when the Principal Broker's fee is received. The fee to be paid to Cooperating Broker will be: $ .or 2.25 % of the sales price, or ❑ % of the Principal Broker's fee. The title company is authorized and directed to pay Cooperating Broker from Principal Broker's fee at closing. This Agreement Between Brokers supersedes any prior offers and agreements for compensation between brokers. Principal Broker: The Clower Co. clo George B. Clower Cooperating Broker: Mirabel Montaivo & Associatesclo Chris Montalvo By: By: ATTORNEYS Seller's attomey: Address: Phone & Fax: E-mail: Seller's attorney requests copies of documents, notices, and other information: ❑ the title company sends to Seller. ❑ Buyer sends to Seller. Buyer's attorney: Address: Phone & Fax: E-mail: Buyer's attomey requests copies of documents, notices, and other information: 0 the title company sends to Buyer. ❑ Seller sends to Buyer. ESCROW RECEIPT The title company acknowledges receipt of: ❑ A. the contract on this day (effective date); ❑ B. earnest money in the amount of $ 500.00 in the form of Title company: Fint TIII. Co. 01 CC. da J. Boo. 9uohanan By: Assigned Ole number (GF#): on Address: 3765 S. Alameda St. #205, Corpus Christi, TX 78 Phone & Fax: E-mail: (TAR -1802) 1-1-16 Carpan q.n.nl.tl o.n; NAoComacl 7 "' tram NAo0.atry, LLC. 1000 W Plp.ln., soul 101 Hum 7% 7607]. 4600) 3221178 Page 13 of 13 Crt,°ICC Fow.m S.aua. SuWn-04161E Panted 5 5427 MA 010 EXHIBIT A Fountain Park — 4938 Moody Dr. Corpus Christi, Texas AHC t• sTY ,, 5 ]� '+ !7 1 • r1 1� t1',"L 1111111121* 0 0 0 0 1• w • )t ST FOUNDATION PARK J. I rt 110 0 Two Fountain Unit 2 Corpus Christi, Nueces County, Texas THE CLOWER CO, Realtors Commercial & Industrial Brokerage P O Bax 2525 Carpus chnr:[J. Texas. 78403 2525 136118804117 aMCA e ADDENDUM to UNIMPROVED COMMERCIAL CONTRACT - UNIMPROVED PROPERTY between THE CITY OF CORPUS CHRISTI ("SELLER") and SEASIDE BUILDERS, LLC., ("BUYER") I This contract is contingent upon final approval from the Corpus Christi City Council. ?_ Buyer acknowledges that the subject property is being sold in its AS IS WHERE IS condition with any and all faults per the addendum attached hereto as Exhibit B. 3. Buyer, at Buyer's sole expense, shall be responsible for any and all platting and/or zoning application fees and any associated expenses related to platting or rezoning the said property. 4. If due to factors beyond Seller's control, the commitment and/or the exception documents are not delivered within the time required, either party may terminate this contract and the earnest money be refunded to Buyer, as its sole remedy. 5. Buyer, at Buyer's sole expense during the Feasibility Period will verify with the City of Corpus Christi — Development Services that Buyer's intended use is permitted in the current zoning district of the said property. In regards to Paragraph 17 ATTORNEY FEES: the last sentence shall be modified to read as followed: "This Paragraph 17 survives termination of this contract, however, the Seller shall not be liable for any such attorney's fees." Seller's Initial's_ _, Buyer's Initial's ��� EXHIBIT "B" "AS -IS" PURCHASE (A) BUYER ACKNOWLEDGES AND AGREES THAT BUYER IS PURCHASING THE PROPERTY "AS -IS" "WHERE -IS" AND "WITH ALL FAULTS" WITHOUT ANY WARRANTIES, REPRESENTATIONS OR GUARANTEES, EITHER EXPRESSED OR IMPLIED, OF ANY KIND, NATURE, OR TYPE WHATSOEVER FROM, OR ON BEHALF OF, SELLER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BUYER ACKNOWLEDGES AND AGREES THAT SELLER HEREBY EXPRESSLY DISCLAIMS, ANY AND ALL IMPLIED WARRANTIES CONCERNING THE CONDITION OF THE PROPERTY AND ANY PORTIONS THEREOF, INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL CONDITIONS, PRESENCE OR ABSENCE OF HAZARDOUS MATERIALS, AND ALSO THE IMPLIED WARRANTIES OF HABITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. (B) BUYER ACKNOWLEDGES AND AGREES THAT BUYER HAS NOT RELIED, AND WILL NOT RELY, UPON ANY REPRESENTATIONS OR WARRANTIES (ORAL OR WRITTEN) MADE BY OR PURPORTEDLY MADE ON BEHALF OF SELLER, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE EXPRESSLY SET FORTH IN THIS AGREEMENT. (C) EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT, BUYER AGREES THAT NO REPRESENTATION BY OR ON BEHALF OF SELLER OR THE SELLER'S AGENTS HAVE BEEN MADE TO BUYER AS TO THE CONDITION OF THE PROPERTY, ANY RESTRICTIONS RELATED TO THE DEVELOPMENT OF THE PROPERTY, THE APPLICABILITY OF OR COMPLIANCE WITH ANY GOVERNMENTAL REQUIREMENTS, INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL LAWS, OR THE SUITABILITY OF THE PROPERTY FOR ANY PURPOSE WHATSOEVER. Seller's Initial's Buyer's Initial' CERTIFICATE OF INTERESTED PARTIES FORM 1295 loft Complete Nos. 1-4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-41937 Date Filed: 04/19/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Seaside Builders. LLC Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi, a Texas Municipal Corporation 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract. Contract #64 Real Estate 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable Controlling Intermediary Motaghi, Moe Corpus Christi, TX United States X Montalvo, Christopher Corpus Christi, TX United States X 5 Check only if there Is NO Interested Party. ❑ 6 AFFIDAVIT AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of cant mg business entity this the day of 20, , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx. us Version V1.0.6 4,44, TEXAS ASSOCIATION OF REALTORS' COMMERCIAL CONTRACT - UNIMPROVED PROPERTY USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS® IS NOT AUTHORIZED. CTexas Association at REALTORS®, Ino. 2016 1. PARTIES: Seller agrees to sell and convey to Buyer the Property described in Paragraph 2. Buyer agrees to buy the Property from Seller for the sales price stated in Paragraph 3. The parties to this contract are: Seller: City, of Corpus Christi, a Texas municipal corporation Address: 1201 Leopard St. Corpus Christi, Texas 78401 Phone: E-mail: Fax: Other: Buyer: Corpus Christi Retail Venture, LP and Corpus Christi Area Council for the Deaf, Inc. Address: c/o 615 N. Upper Broadway, Suite 1100, Corpus Christi, Texas 78401 Phone: 361-888-9201 E-mail: awilsonrmiller-capital.com Fax: 361-888-8353 Other: idbelle.wbwoc.com and sel wbwpc.com 2. PROPERTY: A. "Property" means that real property situated in Nueces County, Texas at 5151 McArdle Rd., CC TX Mt. Vernon Park (address) and that is legally described on the attached Exhibit ',Jr or as follows: A tract of land containing 6.36 more or less acres being located at 5151 McArdle Road known as Mt. Vernon Park being legally described Mt. Vernon Unit 3, Corpus Christi, Nueces County, Texas with any and all improvements contained thereon. See Exhibit "A" attached hereto. B. Seller will sell and convey the Property together with: (1) all rights, privileges, and appurtenances pertaining to the Property, including Seller's right, title, and interest (2) Seller's interest in all leases, rents, and security deposits for all or part of the Property; and (3) Sellers interest in all licenses and permits related to the Property. (Describe any exceptions, reservations, or restrictions in Paragraph 12 or an addendum.) (If mineral rights are to be reserved an appropriate addendum should be attached.) 3. SALES PRICE: A. At or before closing, Buyer will pay the following saes price for the Property: (1) Cash portion payable by Buyer at closing $ 1,763,801.90 (2) Sum of all financing described in Paragraph 4 $ .00 (3) Sales price (sum of 3A(1) and 3A(2)) $ 1,763,801.90 (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer Compute, general. a wing AutoContract 7 ^', from A ndRealty, LLC 1060 W Pipeline. Suite 01 Must TX 76053 (B00)322-1171 Page 1 of 13 City o1 CC - ML Venn - MW.,- 030616 as Prints& 10 15.55 AM 3/720 Commercial Contract - Unimproved Property concerning 5151 McArdle Rd., CC TX Mt. Vernon Park B. Adiustment to Sales Price: (Check (1) or (2) only.) ❑ (1) The sales price will not be adjusted based on a survey. • (2) The sales price will be adjusted based on the latest survey obtained under Paragraph 6B. (a) The sales price is calculated on the basis of $ 6.40 per: ® (i) square foot of ❑ total area ® net area. ❑ (ii) acre of ❑ total area IJ net area. (b) "Total area" means all land area within the perimeter boundaries of the Property. "Net area" means total area less any area of the Property within: • (i) public roadways; (ii) rights-of-way and easements other than those that directly provide utility services to the Property; and ❑ (iii) (c) If the sales price is adjusted by more than 10 % of the stated sales price, either party may terminate this contract by providing written notice to the other party within 10 days after the terminating party receives the survey. If neither party terminates this contract or if the variance is less than the stated percentage, the adjustment to the sales price will be made to the cash portion of the sales price payable by Buyer. 4. FINANCING: Buyer will finance the portion of the sales price under Paragraph 3A(2) as follows: 20 A. Third Party Financing: One or more third party loans in the total amount of $N/A This contract: 12/ (1) is not contingent upon Buyer obtaining third party financing. ❑ (2) is contingent upon Buyer obtaining third party financing in accordance with the attached Commercial Contract Financing Addendum (TAR -1931). ❑ B. Assumption: In accordance with the attached Commercial Contract Financing Addendum (TAR -1931), Buyer will assume the existing promissory note secured by the Property, which balance at closing will be $ N/A. ❑ C. Seller Financing: The delivery of a promissory note and deed of trust to Seller under the terms of the attached Commercial Contract Financing Addendum (TAR -1931) in the amount of $ N/A, 5. EARNEST MONEY: A. Not later than 3 days after the effective date, Buyer must deposit $ 10,000.00 as earnest money with San Jacinto Title Co. of CC (title company) at 520 Lawrence St., Corpus Christi, Texas 78401 (address) Shelly Grahmann (closer). If Buyer fails to timely deposit the earnest money, Seller may terminate this contract or exercise any of Seller's other remedies under Paragraph 15 by providing written notice to Buyer before Buyer deposits the earnest money. B. Buyer will deposit an additional amount of $ o.00 with the title company to be made part of the earnest money on or before: ❑ (1) N/A days after Buyer's right to terminate under Paragraph 7B expires; or ❑ (ii) N/A Buyer will be in default if Buyer fails to deposit the additional amount required by this Paragraph 5B within 3 days after Seller notifies Buyer that Buyer has not timely deposited the additional amount. (TAR -1802) 1-1-16 Initialed for identification by Seller and BuyetPage 2 of 13 Computer ger.. retest ming PutoCoriraet 7 '. from PNGReelty. LLC. 1060 W. Pipeline. State 10' .Muret 7X 76053 (500) 322-1178 City of CC • Mt. Vernon - MBler - 030816 ex Pinta& 10.15 56 PM 31720 Commercial Contract - Unimproved Property concerning 5151 McArdle Rd„ CC TX Mt. Vernon Park C. Buyer may instruct the title company to deposit the earnest money in an interest-bearing account at a federally insured financial institution and to credit any interest to Buyer. 6. TITLE POLICY AND SURVEY: A. Title Policy: (1) Seller, at Seller's expense, will fumish Buyer an Owner's Policy of Title Insurance (the title policy) issued by any underwriter of the title company in the amount of the sales price, dated at or after closing, insuring Buyer against loss under the title policy, subject only to: (a) those title exceptions permitted by this contract or as may be approved by Buyer in writing; and (b) the standard printed exceptions contained in the promulgated form of title policy unless this contract provides otherwise. (2) The standard printed exception as to discrepancies, conflicts, or shortages in area and boundary lines, or any encroachments or protrusions, or any overlapping improvements: ti (a) will not be amended or deleted from the title policy. ❑ (b) will be amended to read "shortages in areas" at the expense of ❑ Buyer ❑ Seller. (3) Within 5 days after the effective date, Seller will furnish Buyer a commitment for title insurance (the commitment) including legible copies of recorded documents evidencing title exceptions. Seller authorizes the title company to deliver the commitment and related documents to Buyer at Buyer's address. B. Survey: Within 15 days after the effective date: tf (1) Buyer will obtain a survey of the Property at Buyer's expense and deliver a copy of the survey to Seller. The survey must be made in accordance with the: (i) ALTA/ACSM Land Title Survey standards, or (ii) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. Seller will reimburse Buyer $7,036.25 (insert amount) of the cost of the survey at closing, if closing occurs. ❑ (2) Seller, at Seller's expense, will furnish Buyer a survey of the Property dated after the effective date. The survey must be made in accordance with the: (i) ALTA/ACSM Land Title Survey standards, or (ii) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. ❑ (3) Seller will deliver to Buyer and the title company a true and correct copy of Seller's most recent survey of the Property along with an affidavit required by the title company for approval of the existing survey. If the existing survey is not acceptable to the title company, Seller, at Seller's expense, will obtain a new or updated survey acceptable to the title company and deliver the acceptable survey to Buyer and the title company within 20 days after Seller receives notice that the existing survey is not acceptable to the title company. The closing date will be extended daily up to 20 days if necessary for Seller to deliver an acceptable survey within the time required. Buyer will reimburse Seller N/A (insert amount) of the cost of the new or updated survey at closing, if closing occurs. C. Buyer's Objections to the Commitment and Survey: (1) Within 15 days after Buyer receives the commitment, copies of the documents evidencing the title exceptions, and any required survey, Buyer may object in writing to matters disclosed in the items if: (a) the matters disclosed are a restriction upon the Property or constitute a defect or encumbrance to title other than those permitted by this contract or liens that Seller will satisfy at closing or Buyer will assume at closing; or (b) the items show that any part of the Property lies in a special flood hazard area (an "A" or "V" zone as defined by FEMA). If Paragraph 6B(1) applies, and Buyer, Page 3 of 13 (TAR -1802) 1-1-16 Initialed for Identification by Seller Conput., pin.nlad using AuleCordraot 7 , fromP"lo0..ly, LLC, t 050 W. P9p.5ns, SW. 101, first, TX 75053, (000) 722 11711 Cly of CC - ML Wow • 100.; - 030813.,n1 PA00* 10:1555 NA 37112015 Commercial Contract - Unimproved Property concerning 5161 McArdle Rd., CC TX Mt. Vernon Park Buyer is deemed to receive the survey on the earlier of: (i) the date of Buyer's actual receipt of the survey; or (ii) of the deadline specified in Paragraph 6B. (2) Seller may, but is not obligated to, cure Buyer's timely objections within 15 days after Seller receives the objections. The closing date will be extended as necessary to provide such time to cure the objections. If Seller fails to cure the objections by the time required, Buyer may terminate this contract by providing written notice to Seller within 5 days after the time by which Seller must cure the objections. If Buyer terminates, the earnest money, Tess any independent consideration under Paragraph 7B(1), will be refunded to Buyer. (3) Buyer's failure to timely object or terminate under this Paragraph 6C is a waiver of Buyer's right to object except that Buyer will not waive the requirements in Schedule C of the commitment. 7. PROPERTY CONDITION: A. Present Condition: Buyer accepts the Property in its present condition except that Seller, at Seller's expense, will complete the following before closing: None. Buyer accepts the property in its AS IS WHERE IS condition with any and all faults. See Exhibit B. B. Feasibility Period: Buyer may terminate this contract for any reason within 120 days after the effective date (feasibility period) by providing Seller written notice of termination. (Check only one box.) 121 (1) If Buyer terminates under this Paragraph 7B, the earnest money will be refunded to Buyer Tess $ 1,000.00 that Seller will retain as independent consideration for Buyer's unrestricted right to terminate. Buyer has tendered the independent consideration to Seller upon payment of the amount specified In Paragraph 5A to the title company. The independent consideration is to be credited to the sales price only upon closing of the sale. If no dollar amount is stated in this Paragraph 713(1 1 or if Buyer fails to derosit the earnest money. Buyer will not have the right to terminate under this Paragraph 7B. CI(2) Not later than 3 days after the effective date, Buyer must pay Seller $ N/A as independent consideration for Buyer's right to terminate by tendering such amount to Seller or Seller's agent. If Buyer terminates under this Paragraph 7B, the earnest money will be refunded to Buyer and Seller will retain the independent consideration. The independent consideration will be credited to the sales price only upon closing of the sale. If no dollar amount is stated in this Paragraph 7B(2) or if Buyer fails to Day the independent consideration, Buyer will not have the right to terminate under this Paragraph 7B. C. Inspections, Studies, or Assessments: (1) During the feasibility period, Buyer, at Buyer's expense, may complete or cause to be completed any and all inspections, studies, or assessments of the Property (including all improvements and fixtures) desired by Buyer. (2) Buyer must: (a) employ only trained and qualified inspectors and assessors; (b) notify Seller, in advance, of when the inspectors or assessors will be on the Property; (c) abide by any reasonable entry rules or requirements of Seller; (d) not interfere with existing operations or occupants of the Property; and (e) restore the Property to its original condition if altered due to inspections, studies, or assessments that Buyer completes or causes to be completed. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer , , ! Page 4 of 13 Canpler generated using Anl.Cun mct 7 . ham PoloReaIIy, L C. 1080 W RpeIne. Sutra 101, Dost, TX 78067, (800) 772-1178 City of CC ML Vemun 69Mr- 090818.6mn1 PMLd:10:1648 Nd 3/0010 Commercial Contract - Unimproved Property concerning 5151 McArdle Rd., CC TX Mt. Vernon Park (3) Except for those matters that arise from the negligence of Seller or Seller's agents, Buyer is responsible for any claim, liability, encumbrance, cause of action, and expense resulting from Buyer's inspections, studies, or assessments, including any property damage or personal injury. Buyer will indemnify, hold harmless, and defend Seller and Seller's agents against any claim involving a matter for which Buyer is responsible under this paragraph. This paragraph survives termination of this contract. D. Property Information: (1) Delivery of Property Information: Within 10 days after the effective date, Seller will deliver to Buyer: (Check all that aooly. ) ® (a) copies of all current leases pertaining to the Property, including an modifications, supplements, or amendments to the leases; • wi444:144-pay-in44-an-ar-befere-elegififli iGl (c) copies of all previous environmental assessments, geotechnical reports, studies, or analyses made or relating to the Property; and • (e) plats of the Property; atm J (g) If any of the above Is In Seller's possession or control. (2) Return of Property Information: If this contract terminates for any reason, Buyer will, not later than 10 days after the termination date: (Check all that apply.) VI (a) return to Seller all those items described in Paragraph 7D(1) that Seller delivered to Buyer in other than an electronic format and all copies that Buyer made of those items; • (b) delete or destroy all electronic versions of those items described in Paragraph 7D(1) that Seller delivered to Buyer or Buyer copied; mul Wocistlivarr000ptesxobattthwectiacoembesammeolxxxitonsxXotketeglxiaxtbeditopeftxtbeki3oyer GattsOptatesteboaDeedtobeoWnstkettUd. This Paragraph 7D(2) survives termination of this contract. E. Contracts Affecting Operations: Until closing, Seller: (1) will operate the Property in the same manner as on the effective date under reasonably prudent business standards; and (2) will not transfer or dispose of any part of the Property, any interest or right in the Property, or any of the personal property or other items described in Paragraph 2B or sold under this contract. After the feasibility period ends, Seller may not enter into, amend, or terminate any other contract that affects the operations of the Property without Buyer's written approval. S. LEASES: A. Each written lease Seller Is to assign to Buyer under this contract must be in full force and effect according to its terms. Seller may not enter into any new lease, fail to comply with any existing lease, or make any amendment or modification to any existing lease without Buyer's written consent. Seller must disclose, in writing, if any of the following exist at the time Seller provides the leases to the Buyer or subsequently occur before closing: (1) any failure by Seller to comply with Seller's obligations under the leases; (2) any circumstances under any lease that entitle the tenant to terminate the lease or seek any offsets or damages; (3) any advance sums paid by a tenant under any lease; (4) any concessions, bonuses, free rents, rebates, brokerage commissions, or other matters that affect any lease; and ` (TAR -1802) 1-1-16 Initialed for Identification by Seller and Bu U`� , J Page 5 of 13 Commie( g.n.nt.d using 8.10Contrad 7 "', from P AoR.afy, LLC, 10801N. Plp.An., silo 101, Hunt, 7X 78083, (800) 322.1178 CITY (ACC - MI. Vernon - 301- - 0308t6.aa, Pdnt.d: l015,87 Ni 3/7/2018 Commercial Contract - Unimproved Property concerning 5151 McArdle Rd., CC TX Mt, Vernon Park (5) any amounts payable under the leases that have been assigned or encumbered, except as security for loan(s) assumed or taken subject to under this contract. certificates signed not earlier than by each tenant that leases apace estoppel-cortifisates. 9. BROKERS: A. The brokers to this sale are: Principal Broker:The Clower Company Agent:George B. Clower Cooperating Broker: NFA Agent: N/A Address: P.O. Box 2525 Address: N/A Corpus Christi, Texas 78403 N/A Phone & Fax: 361-880-4111 361-880-4118 Phone & Fax:N/A E -mall: austiniallenreadvi sors.c E-mail: N/A License No.:428055 License No.: N/A Principal Broker: (Check only one box) Cooperating Broker represents Buyer. 2f represents Seller only. 0 represents Buyer only. 0 is an intermediary between Seller and Buyer. B. Fees: (Check only (1) or (2) below.) (Complete the Agreement Between Brokers on page 13 only if (1) is selected.) ❑ (1) Seller will pay Principal Broker the fee specified by separate written commission agreement between Principal Broker and Seller. Principal Broker will pay Cooperating Broker the fee specified in the Agreement Between Brokers found below the parties' signatures to this contract. (2) At the closing of this sale, Seller will pay: Principal Broker a total cash fee of: Cooperating Broker a total cash fee of: 4.5 % of the sales price. ❑ N!A % of the sales price. ❑ NIA ❑ N/A The cash fees will be paid in Nueces County, Texas. Seller authorizes the title company to pay the brokers from the Seller's proceeds at closing. NOTICE: Chapter 62, Texas Property Code, authorizes a broker to secure an earned commission with a lien against the Property. C. The parties may not amend this Paragraph 9 without the written consent of the brokers affected by the amendment. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Bu Page 6 of 13 Co,rpWer 8enereled ewer! IWoCenlmol Item PuloRea0y. LC. 1080W. PipeOne, S.dN 01, Murat, 7X 78083, 0100)372-1178 city ,ICC -N0 Vaman- MIM, - 0300I6etni Pellet 171857 P813I7 018 Commercial Contract - Unimproved Property concerning 0161 McArdle Rd., CC TX Mt. Vernon Park 10. CLOSING: A. The date of the closing of the sale (closing date) will be on or before the later of: (1) ti thirty (30) days after the expiration of the feasibility period. ❑ NIA (specific date). ❑ N/A (2) 7 days after objections made under Paragraph 6C have been cured or waived. B. If either party fails to close by the closing date, the non -defaulting party may exercise the remedies in Paragraph 15. C. At closing, Seller will execute and deliver, at Seller's expense, a 0 general ti special warranty deed. The deed must include a vendor's lien if any part of the sales price is financed. The deed must convey good and indefeasible title to the Property and show no exceptions other than those permitted under Paragraph 6 or other provisions of this contract. Seller must convey the Property: (1) with no liens, assessments, or other security interests against the Property which will not be satisfied out of the sales price, unless securing loans Buyer assumes; (2) without any assumed loans in default; and (3) with no persons in possession of any part of the Property as lessees, tenants at sufferance, or trespassers except tenants under the written leases assigned to Buyer under this contract. D. At closing, Seller, at Seller's expense, will also deliver to Buyer: (1) tax statements showing no delinquent taxes on the Property; (2) an assignment of all leases to or on the Property; (3) to the extent assignable, an assignment to Buyer of any licenses and permits related to the Property; (4) evidence that the person executing this contract is legally capable and authorized to bind Seller; (5) an affidavit acceptable to the title company stating that Seller is not a foreign person or, if Seller is a foreign person, a written authorization for the title company to: (i) withhold from Seller's proceeds an amount sufficient to comply applicable tax law; and (ii) deliver the amount to the Internal Revenue Service (IRS) together with appropriate tax forms; and (6) any notices, statements, certificates, affidavits, releases, and other documents required by this contract, the commitment, or law necessary for the closing of the sale and issuance of the title policy, all of which must be completed by Seller as necessary. E. At closing, Buyer will: (1) pay the sales price in good funds acceptable to the title company; (2) deliver evidence that the person executing this contract is legally capable and authorized to bind Buyer; and ;d)C R eeodkloc :MeretCbcirxzimabotani CtoDfothektoA¢ Stpeouitle c (1aJextbtkatG c (s)xxxi mma of Ieiecfamcilbectataaitmeoodbpdeimitpand gbfieed m xiotbereaxoat nbobatema a ktidepasik Axsigtxaxwnsass tptionoabatbdeaeeecthoaxxsnoffeogc do (5) execute and deliver any notices, statements, certificates, or other documents required by this contract or law necessary to close the sale. F. Unless the parties agree otherwise, the closing documents will be as found in the basic forms in the current edition of the State Bar of Texas Real Estate Forms Manual without any additional clauses. 11. POSSESSION: Seller will deliver possession of the Property to Buyer upon closing and funding of this sale in its present condition with any repairs Seller is obligated to complete under this contract, ordinary wear and tear excepted. Any possession by Buyer before closing or by Seller after closing that is not authorized by a separate written lease agreement is a landlord -tenant at sufferance relationship between the parties. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer'';; $„ Page 7 of 13 Conpder generated wing AuleC.enlrool 7 1mmittoReoky,LLC. 1080 W. 188.71 I, WM 101, Nus!, TX 76083, (000) 3221178 Gly of CC - MI. Vanni MANW- 030010 sand What* 10:1860 AM 37712016 Commercial Contract - Unimproved Property concerning 5151 McArdle Rd.. CC TX Mt. Vernon Park 12. SPECIAL PROVISIONS: The following special provisions apply and will control in the event of a conflict with other provisions of this contract. (If special provisions are contained in an Addendum, identify the Addendum here and reference the Addendum in Paragraph 22D.) See attached Addendum to Commercial Contract - Unimproved Property attached hereto. 13. SALES EXPENSES: A. Sellers Expenses: Seller will pay for the following at or before closing: (1) releases of existing liens, other than those liens assumed by Buyer, including prepayment penalties and recording fees; (2) release of Seller's loan liability, if applicable; (3) tax statements or certificates; (4) preparation of the deed; (5) one-half of any escrow fee; (6) costs to record any documents to cure title objections that Seller must cure; and (7) other expenses that Seller will pay under other provisions of this contract. B. Buyers Expenses: Buyer will pay for the following at or before closing: (1) all loan expenses and fees; (2) preparation of any deed of trust; (3) recording fees for the deed and any deed of trust; (4) premiums for flood insurance as may be required by Buyer's lender; (5) one-half of any escrow fee; (6) other expenses that Buyer will pay under other provisions of this contract. 14. PRORATIONS: A. Prorations: (1) Interest on any assumed loan, taxes, rents, and any expense reimbursements from tenants will be prorated through the closing date. (2) If the amount of ad valorem taxes for the year in which the sale closes is not available on the closing date, taxes will be prorated on the basis of taxes assessed in the previous year. If the taxes for the year in which the sale closes vary from the amount prorated at closing, the parties will adjust the prorations when the tax statements for the year in which the sale closes become available. This Paragraph 14A(2) survives closing. (3) If Buyer assumes a loan or Is taking the Property subject to an existing lien, Seller will transfer all reserve deposits held by the lender for the payment of taxes, insurance premiums, and other charges to Buyer at closing and Buyer will reimburse such amounts to Seller by an appropriate adjustment at closing. B. Rollback Taxes: If Seller's use or change in use of the Property before closing results in the assessment of additional taxes, penalties, or interest (assessments) for periods before closing, the assessments will be the obligation of the Seller. If this sale or Buyer's use of the Property after closing results in additional assessments for periods before closing, the assessments will be the obligation of Buyer. This Paragraph 14B survives closing. C. Rent and Securitv Deposits: At closing, Seller will tender to Buyer all security deposits and the following advance payments received by Seller for periods after closing: prepaid expenses, advance rental payments, and other advance payments paid by tenants. Rents prorated to one party but received by the other party will be remitted by the recipient to the party to whom it was prorated within 5 days after the rent is received. This Paragraph 14C survives closi (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buye fi Page 8 of 13 Computer generated wing Ad.C,16nol 7 TM, tromAutoR,alty. LLC. 1060 W. kpefne We 101, Hurst. 7X 76057, (605) 322-1175 City of CC - ML Nunn -161.,- 030016.05116 Printed: 10:1530 AM 31712015 Commercial Contract - Unimproved Property concerning 5151 McArdle Rd., CC TX Mt. Vernon Park 15. DEFAULT: A. If Buyer fails to comply with this contract, Buyer is in default and Seller, as Seller's sole remedy(ies), may terminate this contract and receive the eamest money, as liquidated damages for Buyer's failure except for any damages resulting from Buyer's inspections, studies or assessments in accordance with Paragraph 7C(3) which Seller may pursue, or (Check if applicable) 0 enforce specific performance, or seek such other relief as may be provided by law. B. If, without fault, Seller is unable within the time allowed to deliver the estoppel certificates, survey or the commitment, Buyer may: (1) terminate this contract and receive the earnest money, Tess any independent consideration under Paragraph 7B(1), as liquidated damages and as Buyer's sole remedy; or (2) extend the time for performance up to 15 days and the closing will be extended as necessary. C. Except as provided in Paragraph 15B, if Seller fails to comply with this contract, Seller is in default and Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 7B(1), as liquidated damages and as Buyer's sole remedy; or (2) enforce specific performance. 16. CONDEMNATION: If before closing, condemnation proceedings are commenced against any part of the Property, Buyer may: A. terminate this contract by providing written notice to Seller within 15 days after Buyer is advised of the condemnation proceedings and the earnest money, less any independent consideration paid under Paragraph 7B(1), will be refunded to Buyer; or B. appear and defend in the condemnation proceedings and any award will, at Buyer's election, belong to: (1) Seller and the sales price will be reduced by the same amount; or (2) Buyer and the sales price will not be reduced. 17. ATTORNEY'S FEES: If Buyer, Seller, any broker, or the title company is a prevailing party in any legal proceeding brought under or with relation to this contract or this transaction, such party is entitled to recover from the non -prevailing parties all costs of such proceeding and reasonable attorney's fees. This Paragraph 17 survives termination of this contract, 18. ESCROW: A. At closing, the earnest money will be applied first to any cash down payment, then to Buyer's closing costs, and any excess will be refunded to Buyer. If no closing occurs, the title company may require payment of unpaid expenses incurred on behalf of the parties and a written release of liability of the title company from all parties. B. If one party makes written demand for the earnest money, the title company will give notice of the demand by providing to the other party a copy of the demand. If the title company does not receive written objection to the demand from the other party within 15 days after the date the title company sent the demand to the other party, the title company may disburse the earnest money to the party making demand, reduced by the amount of unpaid expenses incurred on behalf of the party receiving the earnest money and the title company may pay the same to the creditors. C. The title company will deduct any independent consideration under Paragraph 7B(1) before disbursing any earnest money to Buyer and will pay the independent consideration to Seller. D. If the title company complies with this Paragraph 18, each party hereby releases the title company from all claims related to the disbursal of the earnest money. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Bu , 7 Page 9 of 13 Canputer 0.nardedudn0 PV.Con1m,t 7 TM, from Pa toR.aky. LLC, 1060 W. Pipeline. &iI. 101, Hmt, TX 76003, (600) 722 1175 City °ICC ML Vernon • 60rr 070616..md Pdn1.d: 10:15:56 PM 3RI2016 Commercial Contract - Unimproved Property concerning 5151 McArdle Rd., CC TX Mt. Vernon Park E. Notices under this Paragraph 18 must be sent by certified mail, return receipt requested. Notices to the title company are effective upon receipt by the title company. F. Any party who wrongfully fails or refuses to sign a release acceptable to the title company within 7 days after receipt of the request will be liable to the other party for: (i) damages; (ii) the earnest money; (iii) reasonable attorney's fees; and (iv) all costs of suit. G. ❑ Seller 0 Buyer intend(s) to complete this transaction as a part of an exchange of like -kind properties in accordance with Section 1031 of the Internal Revenue Code, as amended. All expenses in connection with the contemplated exchange will be paid by the exchanging party. The other party will not incur any expense or liability with respect to the exchange. The parties agree to cooperate fully and in good faith to arrange and consummate the exchange so as to comply to the maximum extent feasible with the provisions of Section 1031 of the Internal Revenue Code. The other provisions of this contract will not be affected in the event the contemplated exchange fails to occur. • 20. NOTICES: All notices between the parties under this contract must be in writing and are effective when hand -delivered, mailed by certified mail return receipt requested, or sent by facsimile transmission to the parties addresses or facsimile numbers stated in Paragraph 1. The parties will send copies of any notices to the broker representing the party to whom the notices are sent. O A. Seller also consents to receive any notices by e-mail at Seller's e-mail address stated in Paragraph 1. El B. Buyer also consents to receive any notices by e-mail at Buyer's e-mail address stated in Paragraph 1. 21. DISPUTE RESOLUTION: The parties agree to negotiate in good faith in an effort to resolve any dispute related to this contract that may arise. If the dispute cannot be resolved by negotiation, the parties will submit the dispute to mediation before resorting to arbitration or litigation and will equally share the costs of a mutually acceptable mediator. This paragraph survives termination of this contract. This paragraph does not preclude a party from seeking equitable relief from a court of competent jurisdiction. 22. AGREEMENT OF THE PARTIES: A. This contract is binding on the parties, their heirs, executors, representatives, successors, and permitted assigns. This contract is to be construed in accordance with the laws of the State of Texas. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Bu� SEv Page 10 of 13 Computer generated uahnghdoCaM. N 7 ^', Irem hdoReeny LLC. 1080 W. Rpeana. Suite 101, Hest TX 75053, (800) 333 1178 City Of CC - Mt Vernon - Mire, • 030818.1wn1 Printed: 10.1 5:59 Mt 3!712018 Commercial Contract - Unimproved Property concerning 5151 McArdle Rd., CC TX Mt. Vernon Park If any term or condition of this contract shall be held to be invalid or unenforceable, the remainder of this contract shall not be affected thereby. B. This contract contains the entire agreement of the parties and may not be changed except in writing. C. If this contract is executed in a number of identical counterparts, each counterpart is an original and all counterparts, collectively, constitute one agreement. D. Addenda which are part of this contract are: (Check all that apply.) 0 0 0 ❑ ti (8) Information About Brokerage Services (TAR -2501); an tf (9) See Attached Addendum to Contract and Exhibit B. (1) Property Description Exhibit identified in Paragraph 2; (Note: Counsel for the Texas Association of REALTORS'® (TAR) has determined that any of the foregoing addenda which are promulgated by the Texas Real Estate Commission (TREC) or published by TAR are appropriate for use with this form.) E. Buyer may 0 may not assign this contract. If Buyer assigns this contract, Buyer will be relieved of any future liability under this contract only if the assignee assumes, in writing, all obligations and liability of Buyer under this contract. 23. TIME: Time is of the essence in this contract. The parties require strict compliance with the times for performance. If the last day to perform under a provision of this contract falls on a Saturday, Sunday, or legal holiday, the time for performance is extended until the end of the next day which is not a Saturday, Sunday, or legal holiday. 24. EFFECTIVE DATE: The effective date of this contract for the purpose of performance of all obligations is the date the title company receipts this contract after all parties execute this contract. 25. ADDITIONAL NOTICES: A. Buyer should have an abstract covering the Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a title policy. B. If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fees of the district before final execution of this contract. C. Notice Required by §13.257, Water Code: "The real property, described below, that you are about to purchase may be located in a certificated water or sewer service area, which is authorized by law to provide water or sewer service to the properties in the certificated area. If your property is located in a certificated area there may be special costs or charges that you will be required to pay before you can receive water or sewer service. There may be a period required to construct lines or other facilities necessary to provide water or sewer service to your property. You are advised to determine if the property is in a certificated area and contact the utility service provider to determine the cost that you will be required to pay and the period, if any, that is required to provide water or sewer service to your property. The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or before the execution of a binding contract for the purchase of the real property described in the notice or at closing of purchase of the real property." The real property is described in Paragraph 2 of this contract. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Bu S Et, Page 11 of 13 Computer generate el using PutoCordmet 7 ^', Iron P doRee3y. LLC. 1060 W. Npe6,e, Bulls 101, Hest, TX 70003, (000) 322.1176 City o1 CC Mt. Wmon- Idllar- 030610.esei Hetet 10.10"30 /.13/71201 B Commercial Contract - Unimproved Property concerning 5151 McArdle Rd., CC TX Mt. Vernon Park D. If the Property adjoins or shares a common boundary with the tidally influenced submerged lands of the state, §33.135 of the Texas Natural Resources Code requires a notice regarding coastal area property to be included as part of this contract. E. If the Property is located seaward of the Gulf Intracoastal Waterway, §61.025, Texas Natural Resources Code, requires a notice regarding the seaward location of the Property to be included as part of this contract. F. If the Property is located outside the limits of a municipality, the Property may now or later be included in the extra -territorial jurisdiction (ETJ) of a municipality and may now or later be subject to annexation by the municipality. Each municipality maintains a map that depicts its boundaries and ETJ. To determine if the Property is located within a municipality's ETJ, Buyer should contact all municipalities located in the general proximity of the Property for further information. G. Brokers are not qualified to perform property inspections, surveys, engineering studies, environmental assessments, or inspections to determine compliance with zoning, governmental regulations, or laws. Buyer should seek experts to perform such services. Buyer should review local building codes, ordinances and other applicable laws to determine their effect on the Property. Selection of experts, inspectors, and repairmen is the responsibility of Buyer and not the brokers. Brokers are not qualified to determine the credit worthiness of the parties. H. NOTICE OF WATER LEVEL FLUCTUATIONS: If the Property adjoins an impoundment of water, including a reservoir or lake, constructed and maintained under Chapter 11, Water Code, that has a storage capacity of at least 5,000 acre-feet at the impoundment's normal operating level, Seller hereby notifies Buyer: "The water level of the impoundment of water adjoining the Property fluctuates for various reasons, including as a result of: (1) an entity lawfully exercising its right to use the water stored in the impoundment; or (2) drought or flood conditions." 26. CONTRACT AS OFFER: The execution of this contract by the first party constitutes an offer to buy or sell the Property. Unless the other party accepts the offer by 5:00 p.m., in the time zone in which the Property is located, on May 18, 2016 , the offer will lapse and become null and void. READ THIS CONTRACT CAREFULLY. The brokers and agents make no representation or recommendation as to the legal sufficiency, legal effect, or tax consequences of this document or transaction. CONSULT your attorney BEFORE signing. Seller: City of Corpus Christi, a Texas municipal corporation By: Buyer: Corpus Christi Retail Venture LP By: CC Retail South Texas GP LLC, its general manager By: Institutional Mall Investors, LLC, its sole member By: Miller Capital Advisory, Inc., its manager By (signature): By (signatu Printed Name: Printed Name: - ichard Kobe Title: Title: Senior Vice Presidentvelopment By: Corpus Christi ea Council for the Deaf, Inc. By (signature): By (signature): i Printed Name: Printed Name: Scott ndreth Title: Title: Authorized Board Member (TAR 1802) 1-1-16 Page 12 of 13 Computer generated wing AWOCordract 7 rr. from PWoReety. LLC. 1060 W. PRpefne, Suite 101. Hunt TX 76053. (800) 322.1178 C1ty of CC Mt Vernon- MOar 030616.., Piloted 101600 AM 317/20 Commercial Contract - Unimproved Property concerning 5151 McArdle Rd, CC, Texas Mt. Vernon Park AGREEMENT BETWEEN BROKERS (use only II Paragraph 98(1) Is effective) Principal Broker agrees to pay (Cooperating Broker) a fee when the Principal Broker's fee is received. The fee to be paid to Cooperating Broker will be: • $ ,or ❑ % of the sales price, or ❑ % of the Principal Broker's fee. The title company is authorized and directed to pay Cooperating Broker from Principal Broker's fee at closing. This Agreement Between Brokers supersedes any prior offers and agreements for compensation between brokers. Principal Broker: By: Cooperating Broker: By: ATTORNEYS Seller's attorney: Buyer's attomey: John D. Bell / Scott E. Landreth Wood, Boykin & Wolter, PC Address: Phone & Fax: E-mail: Seller's attorney requests copies of documents, notices, and other information: ❑ the title company sends to Seller. ❑ Buyer sends to Seller. Address: 615 N. Upper Broadway, Suite 1100 Corpus Christi, Texas 78401 Phone & Fax: 361-888-9201 & 361-888-8353 E-mail: jdbell@wbwpc,com and sel@wbwpc.com Buyer's attorney requests copies of documents, notices, and other information: E1 the title company sends to Buyer. C1 Seller sends to Buyer. ESCROW RECEIPT The title company acknowledges receipt of: ❑ A. the contract on this day (effective date); El B. earnest money in the amount of $ 10,000.00 in the form of on Title company: San Jacinto Title Co. of CC Address: 520 Lawrence St., Corpus Christi, Texas 78401 By: Phone & Fax: Assigned file number (GF#): E-mail: (TAR -1802) 1-1-16 Coder ge0etated using NdoConeact 7 ^., 0om PNoReaty. LLC. 1000 W. Pipefne, Guile 101, Hunt. TX 76053, (000) 322-1176 Page 13 of 13 City el CC • ML 1lefnell - Wet - 0305(6.emi Printed 1030:00 PM 3778016 EXHIBIT A =err Moms •• ••=n4.= •te =om .. r • r"",r"r..rm amp • lawwar�'°"a-wr.: ®.Mra 1L �WWi M.. 11.a. Or"' �". �i7 r .r ••▪ •••• w. I.. W L NO IL . Ova �▪ wlr a."'"'Yt Nwt m.. I..a • v • Lq eId. la i.w ••: rrrr r.�..w�r'wrII1M�......r ▪ r1 r kn.-i.L.. f_r Mo. ® �w �er."n ri.F •••• t • +� LSM. Y'd I. 01••• 0..• rr 0..• rr... Y ...NB DM A• na.Wm de .�. •••▪ J ®q�ii rr.=:=am .qui wmr..L r 000 00 Me 001. fed IN ordal el Oar. 0106100 011. Pral• . ,...m.,.. ;r • r L ' r �. rrr �••••••tr.c.�c I. rra fr•rsrr rr.r f..�110 an rte. .r'�i..rrrr�w fetaf.r "kW rrr f• .fedl__II�I4• wr rrr f� 1. • r >. wr.r. uler..r.w.... r r as. imp 411.% 1011110 W Raft. !Mt rLu.• f� ' s. F �r • r•Or..i rr1••• t6Y w.0 01..lap I . I r r ll► / r. I••••=Lot •.de '�▪ '�r.f' •.r�r wIr-- 110101-,01.. y 11.11.rr10.m0110.bon- y 11.0•1 Wm rr•r� MSR OM0. y `r` r. . Y f..•. be r r r. yrM....at>da~ r r i rra•• r y Mi.�r .+NfaJr..lewd WT. wrr.rrrrw"i:fl rM1' rams, .11111.0 FIM/ I�.a wn11.00. '.. •••••4 ~4`/ �LOI,S.�, ..'� 3Srr=I.,4-..0 `a:4f' ♦ %`4c 01/ .1/ OM SA AM MO Ir.— el IM. 6.x.101—a I rrr •r r f.rpl—a v.........♦ % r.. +•. Lr 4r•1 WOW. = _ Om% Mew IVO NORM IWENGINEERING ALTA/NSPS LAND TITLE SURVEY ADDENDUM to UNIMPROVED COMMERCIAL CONTRACT - UNIMPROVED PROPERTY between THE CITY OF CORPUS CHRISTI ("SELLER") and CORPUS CHRISTI RETAIL VENTURE LP and CORPUS CHRISTI AREA COUNCIL FOR THE DEAF, INC. ("BUYER") , Seller Provisions 1. This Contract is contingent upon final approval and majority vote from the Corpus Christi City Council no later than May 18, 2016. 2. Buyer acknowledges that the subject property is being sold in its AS IS WHERE IS condition with any and all faults per the addendum attached hereto as Exhibit B and the limited representations and warranties in the Contract. 3. Buyer, at Buyer's sole expense, shall be responsible for any and all platting and/or zoning application fees and any associated expenses related to platting or rezoning the said property. 4. If due to factors beyond Seller's control, the commitment and/or the exception documents are not delivered within the time required, either party may terminate this contract and the earnest money be refunded to Buyer, as its sole remedy. 5. In regards to Paragraph 17 — ATTORNEY FEES: the last sentence shall be modified to read as followed: "This Paragraph 17 survives termination of this Contract, however, the Seller shall not be liable for any such attorney's fees." Buyer Provisions 1. Rezoning of Property. Since the current zoning of RS -6 for the Property does not allow any uses of the Property commensurate with the value agreed for the Sales Price, this Contract is contingent upon the successful rezoning of the Property to allow all uses authorized in CG -2 zoning, save and except a bar, tavern or pub, nightclub, discotheque or pool hall, or any other zoning classification agreeable and acceptable to Buyer. Buyer shall apply promptly for such zoning change and Seller agrees to join in the application as the owner in the manner required by the City's Unified Development Code. 2. Division of Property. Within 15 days of the receipt of the required zoning approval, Buyer shall submit a plat for the Property dividing the Property into two separate lots to be conveyed to the parties comprising the Buyer, within one lot to be comprised of approximately 4.89 acres to be conveyed at Closing to Corpus Christi Retail Venture LP, Seller's Initial's , Buyer's Initial' Addendum Page 1 and the other lot comprised of approximately 1.47 acres to be conveyed at Closing to Corpus Christi Area Council for the Deaf, Inc. 3. Extension of Feasibility Period. In the event that the required zoning approval and plat approval have not been received within the Feasibility Period, the Feasibility Period shall be subject to automatic extension provided that an application for such zoning approval has been filed and remains pending or an application for such plat approval has been filed within the time prescribed above and remains pending. If extended as provided in this Section, the Feasibility Period shall expire 30 days following approval of the final plat by the Corpus Christi Planning Commission. 4. Conveyance of Separate Lots. The Closing shall occur concurrently with filing the approved plat, and Seller shall provide a separate special warranty deed for each such lot to the party designated by Buyer to acquire such lot. 5. Title Insurance. The Seller shall provide an owner policy of title insurance for each such lot in accordance with the provisions of Section 6 of the Contract. The respective party comprising Buyer shall be responsible for the cost of deletion of the survey exception and any endorsements requested by such party. 6. Credit for Council for the Deaf. The Sales Price reflects a credit for the sole benefit of the Corpus Christi Area Council for the Deaf, Inc. for an amount equal to the 29,494 square feet of the Property that currently is subject to a long-term lease in favor of the Council for the Deaf running until 2033. Seller's Initial's Buyer's Initial's Addendum Page 2 S�v EXHIBIT "B" "AS -IS" PURCHASE (A) BUYER ACKNOWLEDGES AND AGREES THAT BUYER IS PURCHASING THE PROPERTY "AS -IS" "WHERE -IS" AND "WITH ALL FAULTS" WITHOUT ANY WARRANTIES, REPRESENTATIONS OR GUARANTEES, EITHER EXPRESSED OR IMPLIED, OF ANY KIND, NATURE, OR TYPE WHATSOEVER FROM, OR ON BEHALF OF, SELLER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BUYER ACKNOWLEDGES AND AGREES THAT SELLER HEREBY EXPRESSLY DISCLAIMS, ANY AND ALL IMPLIED WARRANTIES CONCERNING THE CONDITION OF THE PROPERTY AND ANY PORTIONS THEREOF, INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL CONDITIONS, PRESENCE OR ABSENCE OF HAZARDOUS MATERIALS, AND ALSO THE IMPLIED WARRANTIES OF HABITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. (B) BUYER ACKNOWLEDGES AND AGREES THAT BUYER HAS NOT RELIED, AND WILL NOT RELY, UPON ANY REPRESENTATIONS OR WARRANTIES (ORAL OR WRITTEN) MADE BY OR PURPORTEDLY MADE ON BEHALF OF SELLER, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE EXPRESSLY SET FORTH IN THIS AGREEMENT. (C) EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT, BUYER AGREES THAT NO REPRESENTATION BY OR ON BEHALF OF SELLER OR THE SELLER'S AGENTS HAVE BEEN MADE TO BUYER AS TO THE CONDITION OF THE PROPERTY, ANY RESTRICTIONS RELATED TO THE DEVELOPMENT OF THE PROPERTY, THE APPLICABILITY OF OR COMPLIANCE WITH ANY GOVERNMENTAL REQUIREMENTS, INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL LAWS, OR THE SUITABILITY OF THE PROPERTY FOR ANY PURPOSE WHATSOEVER. Seller's Initial's , Buyer's Initial' Addcndum Page 4 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-50910 Date Filed: 05/05/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Corpus Christi Retail Venture LP Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the govemmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 64 purchase of Mount Vernon Park land at 5151 McArdle Road 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Wood, Boykin & Wolter, PC Corpus Christi, TX United States X Institutional Mall Investors, LLC Skokie, IL United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or A A A /\ f affirm, under penalty of perjury, that the above disclosure is true and correct. �I �• �' 1.A 5 4 AFFIX Sworn 20 • �, +*g k VERONICA C SALAIS(°«* ID#1207416-8 Notary Public STATE OF TEXAS My Comm. Exp. 09-06-2016 ` Sia lb John D. Bell re of au', orized agent of contracting business entity , this the day of May , NOT RA YTAM to and subscribed 16 , to certify /PSEAL ABOE YY' before me, by the said which, witness my hand and seal of office. • iJniLa S4 (�/S rtar� ���iC 14{ r 1,--r Signature of officer administering oath Printed name of officer administering oath Title of office administering oath orms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 orms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-50917 Date Filed: 05/05/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Corpus Christi Area Council for the Deaf, Inc. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the govemmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 64 purchase of Mount Vernon Park land at 5151 McArdle Road 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear, or affirm, under 4���u���b�Ui �Ot" (A A Sq "", 2 • 4� 0 • penaltyof perjury, that the above disclosure is true and correct. P 1 ry. r lit `y •• * � Signature of au orized agent of contracting business entity : : v> 4: : AFFIX.£IOT YJ51EAL &COVE Sworn to a eypSt:riMr VA ,me, by the said Scott E. Landreth , this the day of May 1ruuat 20 16 to certify which, witness my hand and seal of office. Signature of officer administering Seth Printed name of officer administering oath Title of officer administering oath orms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 Fountain Park 4938 Moody CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES 41, ''' Art• , : ,fr; .s. e • k . e . • / ..., • '''''' 'NR. , . 4 .0 • 4 , , • t, , i(, ' • ' 'N. ' 1:,,,,, /' 7,' .7 i . ' ::: • . . 1 '' 4/ !A. ,• • • ,,,. .. ''4.-", '-- • 1# '' 't .A.•• i_, • • , - , ... , - A.o. ' .1,, 7 **1/4 t. • ' '..*'t''';'%1Itj*IPN-' '10 4.- ' ' . 47". • i -4 ... • --, - 4.. 4:1 • I 1 — Park Location if/C/N/TY MAP NOT TO SCALE • - V 'Att•itt;:- _ , • 1g Mt. Vernon Park 5151 McArdle CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of May 10, 2016 Second Reading Ordinance for the City Council Meeting of May 17, 2016 DATE: April 11, 2016 TO: Ronald L. Olson, City Manager THRU: Margie Rose, Deputy City Manager MargieR©cctexas.com 361.826.3220 Annette Rodriguez, Director of Public Health Annetter©cctexas.com 361.826.7205 FROM: William Milan Uhlarik, M.B.A., A.R.M., Assistant Director of Public Health Williamu2@cctexas.com 361.826.1348 Accepting and appropriating funds from a federal grant for Tuberculosis prevention and control services CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend and appropriate a grant contract for the Tuberculosis Prevention and Control- Federal(TB/PC-FED) grant in the amount of $48,345, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund with a City match of $9,669, from the No. 1020 General Fund, to provide tuberculosis prevention and control services for the contract period January 1, 2016, through December 31, 2016 for a total project cost of $58,104; and ratifying acceptance of the grant agreement to begin January 1, 2016. PURPOSE: To be used to provide for personnel costs, supplies and other expenses to offer services and associated activities to prevent and control tuberculosis within the jurisdiction of the Corpus Christi-Nueces County Public Health District ("CCNCPHD"). BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) has awarded a grant to the CCNCPHD in the amount of $48,345 to provide for personnel costs, supplies and other expenses to offer services and associated activities to prevent and control tuberculosis within the jurisdiction of the Corpus Christi-Nueces County Public Health District. Acceptance of the grant requires a cash match of 20% ($9,669) of the grant amount of $48,345. The cash match requirement is satisfied by using the expense line items for travel, supplies, contractual, and equipment in City Org. No. 12615 that has been included in the Health Department General Fund Budget for FY2016. ALTERNATIVES: Refuse the grant and discontinue offering services to prevent and control tuberculosis in the community. OTHER CONSIDERATIONS: 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 9,669.00 9,669.00 Encumbered / Expended Amount This item 9,669.00 9,669.00 BALANCE Fund(s): Health Grants & General Comments: 20% Cash Match required by grant (=$9,669.00) will be satisfied by Fund 1020-102 paying for grant related program expenses: RECOMMENDATION: Staff recommends approval of this agenda item. CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds. EMERGENCY / NON -EMERGENCY: Non -Emergency. This item requires two readings and ratification of the grant contract to begin January 1, 2016. DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. LIST OF SUPPORTING DOCUMENTS: Ordinance Contract No. 2016-002508-00 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend and appropriate a grant contract for the Tuberculosis Prevention and Control-Federal(TB/PC-FED) grant in the amount of $48,345, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund with a City match of $9,669, from the No. 1020 General Fund, to provide tuberculosis prevention and control services for the contract period January 1, 2016, through December 31, 2016 for a total project cost of $58,104; and ratifying acceptance of the grant agreement to begin January 1, 2016. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1: The City Manager or designee is authorized to execute all documents necessary to accept a grant from the Texas Department of State Health Services in the amount of $48,345, for the contract period of January 1, 2016, through December 31, 2016, to provide tuberculosis prevention and control services with a City match of $9,669, from the No. 1020 General Fund, for a total project cost of $58,104. Section 2: That the grant in the amount of $48,345, is appropriated in the No. 1066 Health Grants Fund to continue the TB/PC-FED grant in the Health Department. Section 3: The City Manager or designee is authorized to execute any future amendments to the grant contract which extend the contract period or increase or decrease the amount of the grant. Section 4: Further the City Council ratifies acceptance of the grant to begin as of January 1, 2016. A copy of the executed grants shall be filed in the office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the th day of , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor DEPARTMENT OF STATE HEALTH SERVICES CONTRACT 2016-002508.00 This Contract is entered into by and between the Department of State Health Services (DSHS or the Department), an agency of the State of Texas, and Corpus Christi-Nueces County Public Health District (City) (Contractor), a Governmental, (collectively, the Parties) entity. 1. Purpose of the Contract: DSHS agrees to purchase, and Contractor agrees to provide, services or goods to the eligible populations. 2. Total Amount: The total amount of this Contract is $48,345.00. 3. Funding Obligation: This Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendment to the Appropriations Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract, OSHS may restrict, reduce, or terminate funding under this Contract. 4. Term of the Contract: This Contract begins on 01/01/2016 and ends on 12/31/2016. DSHS has the option, in its sole discretion, to renew the Contract. DSHS is not responsible for payment under this Contract before both parties have signed the Contract or before the start date of the Contract, whichever is later. 5. Authority: As applicable, OSHS enters into this Contract under the authority of Texas Health and Safety Code Chapters 12 or 1001 or Texas Government Code Chapters 531, 771, 791 or 2155. 6. Program Name: TB/PC-FED Tuberculosis Prevention and Control -Federal Page 1 of 22 7. Statement of Work: SECTION I: FY16 FRAMEWORK FOR DELIVERY OF TUBERCULOSIS SERVICES: The Statement of Work provides the framework to deliver tuberculosis (TB) services within federal funding parameters. A. PROVISION OF SERVICES: Contractor will develop and provide services and associated activities for the prevention and control of TB in accordance withfederal funding requirements. Contractor will perform activities in the Service Area designated in the most recent version of Section 8. "Service Area" of this Contract. Contractor will provide these services in compliance with the following: 1.AII TB and Refugee Health Service Branch (TB Branch) standards and policies on TexasTB.org; 2.DSHS Tuberculosis Work Plan, http:llwww.dshs.state.tx.us/idcu/disease/tb/pollcies/; 3.American Thoracic Society (ATS) and Centers for Disease Control and Prevention (CDC) joint statements on diagnosis, treatment and control of TB, 2003, http://www.cdc.gov/mmwr/preview/mmwrhtmVrr5211a1.htm; 4.Diagnostic Standards and Classification of Tuberculosis in Adults and Children, American Journal of Respiratory and Critical Care Medicine, Vol. 161, pp. 1376-1395, 2000, http://atsjoumals.org/doi/abs.10.1164/ajrccm.161.4.16141#.vrm6roko4dy; 5.Targeted Tuberculin Testing and Treatment of Latent TB Infection (LTBI), Morbidity and Mortality Weekly Report, Vol. 49, No. RR -6, 2000, http://www.cdc.gov/mmwr/PDF/rr/rr4906.pdf; 6.Updated: Adverse Event Data and Revised ATS/CDC Recommendations against the Use of Rifampin and Pyrazinamide for Treatment of Latent Tuberculosis Infection — United States, 2003, MMWR 52 (No. 31), http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5231a4.htm; 7.Controlling Tuberculosis in the United States, MMWR, Vol. 54, No. RR -12, 2005, http://www.cdc.gov/mmwr/preview/mmwrhtml/rr5412a1.htm; 8.Guidelines for the Prevention and Treatment of Opportunistic Infections Among HIV -Exposed and HIV -Infected Children, http://www.cdc.govlmmwr/pdf/rrlrr58e0826.pdf; and 9.Tuberculosis Surveillance Data Training Report of Verified Case of Tuberculosis (RVCT) Instruction Manual, http://www.cdc.gov/tb/programslrvct/InstructionManual.pdf. Contractor will comply with all applicable federal and state regulations and statutes, including but not limited to, the following: 1.Tuberculosis Code, Texas Statutes, Health and Safety Code, Chapter 13, Subchapter B; 2.Communicable Disease Prevention and Control Act, Texas Statutes, Health and Safety Code, Chapter 81; 3.Screening and Treatment for Tuberculosis in Jails and Other Correctional Facilities, Texas Statutes. Health and Safety Code, Chapter 89; 4.Control of Communicable Diseases, Texas Administrative Code TAC, Title 25, Part 1, Chapter 97, Subchapter A; 5.Tuberculosis Screening for Jails and Other Correctional Facilities, Texas Administrative Code (TAC), Title 25, Part 1, Chapter 97, Subchapter H; and 6.Retention of Medical Records, General Provisions Article VIII "Records Retention" and by Texas Page 2 of 22 Administrative Code Title 22, Part 9, Chapter 165, §165.1. Contractor will perform all activities under this Contract in accordance with the most current version of the Tuberculosis Work Plan, detailed budget as approved by DSHS, and all applicable state laws, regulations, standards, and guidelines. Contractor must receive written approval from DSHS before varying from applicable procedures in the Tuberculosis Work Plan. If approval is provided, the Contractor will update their policies and procedures within five (5) working days so that staff working on activities under this contract knows of the change(s). Contractor will provide TB services to individuals with suspected or confirmed TB disease including persons identified as a contact to a known case or suspect, refugees and class B immigrants regardless of their ability to pay for services. DSHS reserves the right, where allowed by legal authority, to redirect funds in the event of financial shortfalls. DSHS will monitor Contractor's expenditures on a quarterly basis. 11 expenditures are below what is projected in Contractor's total Renewal Program Attachment amount, Contractor's budget may be subject to a decrease for the remainder of the Contract term. Vacant positions existing after ninety (90) days may result in a decrease in funds. Contractor agrees to read DSHS Contractor Financial Procedures Manual (CFPM) and work with DSHS staff regarding the management of funds received under this Contract. http:llwww.dshs.state.tx.uslcontractslcfpm.shtm. B. USE OF FUNDS: Contractor will demonstrate fiduciary responsibility In administering program funds. Contractor will be subject to adjustments in award amounts based on changes to the number of clients served, utilization of funds, or other factors. Contractor will provide a cash match of no less than 20% of the DSHS share of the total budget reflected in the Program Attachment. Contractor will provide a cash match at the required percentage or DSHS may withhold payments, use administrative offsets, or request a refund from Contractor until such time as the required match ratio is met. No federal or other grant funds can be used as part of meeting the match requirement. Contractor may use federal funds under this contract to support core TB control front-line activities: 1.Directly observed therapy (DOT); 2.Out-patient services (tuberculin skin testing, chest radiography, medical evaluation, treatment); 3.Contact Investigations; 4.Contact Reviews; 5.Surveillance; 6.Reporting; 7.Data analyses; 8.Cluster investigations; and 9.Provider Education. Contractor may not use federal funds for: Page 3 of 22 1.Medication purchases; 2.In-patient clinical care (hospitalization services); 3. Entertainment; 4.Furniture, equipment; or 5.Sectarian worship, instruction, or proselytization. Contractor will: 1. Lapse no more than 5% of the total funded amount of the contract; 2. Maintain and adjust spending plan throughout the contract term to avoid lapsing funds; and 3. Maintain staffing levels to meet required activities of the contract and to ensure all funds in personnel category are expended. Contractors budget will include costs to cover required TB trainings and continuing education training. C. CONDUCT SURVEILLANCE: Contractor will: 1.Contact providers that deliver TB care to at -risk populations within Contractor's service area to obtain data of unreported cases (refer to TB Work Plan, Section IX); 2.Submit Surveillance Quality Assurance Template via the PHIN to the Surveillance Branch (refer to TB Work Plan, Section IX); and 3.Identify high risk groups and congregate settings for which testing for TB infection (TBI) and disease are justified. The goal for target testing is to identify, evaluate, and treat persons who are at high risk for TB infection or at high risk for developing TB disease, once infected with M. tuberculosis (refer to TB Work Plan, Section IX). D. REPORTING: Contractor will: 1.Provide a complete and accurate Annual Progress Report covering the period from January to December 2015, in the format provided by DSHS, demonstrating compliance with requirements of the Program Attachments during that lime period. The report will include, but not limited to, a detailed analysis of performance related to the performance measures (see Section 11 FY16 Performance Measures). The Contractor's Annual Progress Report will not be combined with another Contractor's or health service region's Annual Progress Report. The report is due March 15, 2016, and will be sent to the TB Reporting Mailbox - TBContractReporting@dshs.state.tx.us (refer to TB Work Plan, Section X). Any individual -level patient data must be sent via the Public Health Information Network (PHIN). Contractors can mail the Annual Progress Report to their DSHS health service region thereby authorizing them to submit the report on their behalf. If the Contractor sends the report to a DSHS health service region, the deadline for submission to the TB Branch remains unchanged; 2.Ensure designated reports for Cases, Suspects and Contact Investigations are submitted by established deadlines and schedules using DSHS-approved mechanisms (refer to TB Work Plan, Section X); Page 4 of 22 3.Submit monthly correctional TB screening reports from those jails and community corrections under Texas Health and Safety Code Chapter 89 Requirements (refer to TB Work Plan, Section X); 4.Submit completed Cohort Review documents for the appropriate cohort year and quarter to the TB Branch via the PHIN (refer to TB Work Plan, Section X); 5.Submit completed Incident Repart(s) and weekly written updates for media sensitive situations and or large contact investigations (= 50 contacts, or in a school = 25 contacts) are sent to TB Branch via PHIN (refer to TB Work Plan, Section X); 6.Conduct DGMQ airline contact investigations and report to the TB Branch (refer to TB Work Pian, Section X); and 7.Submit a Report of Adverse Drug Reaction to the TB Branch Nurse Case Manager Consultant (or designee), if a TB Suspect or Case dies or is hospitalized due to an adverse drug reaction (refer to TB Work Plan, Section X). E. MAINTAIN A COMPETENT WORKFORCE: Contractor will provide professional education, training and orientation for new TB program staff and continuing education for current TE program staff to include: physicians, nurses, contact investigators, outreach workers, case registry staff, receptionists, epidemiologists, and other support staff (refer to TB Work Plan, Section XII). Within 90 days of employment, all newly hired employees will complete 40 hours of TB training specific to their duties and responsibilities, as specified in the TB Work Plan. Each year, Contractor must ensure that its employees providing TB services receive 16 hours of continuing education or training relevant to their position. Documentation of all training, including the name of employee, job title, hours of training received, course name, and date of course, shall be retained for each employee who delivers TB services and this information will be made available to DSHS upon request by the TB Branch. The training documentation described above will be listed in detail in the Accomplishments section of the Annual Progress Report (refer to TB Work Plan, Section X11). Contractor will submit a "Notice of Change in TB Personnel" form (Exhibit A) to the DSHS TB Branch no later than the 5th day of each month (see attachment) following a new hire for the Contractor's TB Program. Contractor's case registry staff will attend the TB Surveillance annual medical records conference and workshop to obtain the latest records management procedures. By October 14, 2016, Contractor will submit documents demonstrating its TB employee's acknowledgment of jurisdictional TB policies and procedures. Contractor's orders and procedures are to be reviewed and signed at least annually by all employees delivering TB clinical or data services. Each Contractor will send the following documents to the TB Branch via the PHIN; Nurse Admin folder: 1.A copy of fully signed TB Policies and Procedures signature page, and 2.A copy of table of contents listing all enacted TB policies and procedures with the period of time the policies and procedures are valid. Page 5 of 22 F. INITIATE AND MAINTAIN AUDITING AND QUALITY ASSURANCE PRACTICES: Contractor must ensure that clinical and reporting standards are maintained for audit activities in accordance with Section XVI of the TB Work Plan. Contractors will fully cooperate with any DSHS audits, desktop reviews and site visits. SECTION I1: FY16 PERFORMANCE MEASURES: The following performance measures will be used to assess, in part, Contractor's effectiveness in providing the services described in this Contract, without waiving the enforceability of any of the other terms of the Contract or any other method of determining compliance in accordance with Section XVII of the TB Work Plan.: 1.Newly-reported TB cases will have an HIV test performed unless the patient is known to be HIV-positive or if the patient refuses. Contractor will report positive or negative HIV test results to DSHS according to the reporting schedule provided in Section 1, D herein. For FY16 reporting, data will be drawn from calendar year 2015 (1/1/2015 -1213112015). A compliance percentage of not less than 82.9% is required. If fewer than 82.9% of newly reported TB cases have a result of an HIV test reported, then DSHS may, at its sole discretion, require Contractor to take additional measures to improve performance, on a timeline set by DSHS; 2.Cases, and suspected cases, of TB under treatment by Contractor will be placed on timely and appropriate Directly Observed Therapy (DOT). For FY16 reporting, data will cover all cases from calendar year 2015 (1/1/2015 -1213112015). A compliance percentage of not Tess than 91.6% is required. If data indicates a compliance percentage for this Performance Measure of less than 91.6%, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to performance, on a timeline set by DSHS; 3.Newly-reported suspected cases of TB disease will be started in timely manner on the recommended initial 4 -drug regimen. For FY16 reporting, data will be drawn from calendar year 2015 (11112015 -1213112015). A compliance percentage of not less than 93.4% is required. If fewer than 93.4% of newly -reported TB cases are started on an initial 4 -drug regimen in accordance with this requirement, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to improve performance, on a timeline set by DSHS; 4. Newly -reported TB patients that are older than 12 -years -old and that have a pleural or respiratory site of disease will have sputum acid-fast bacilli (AFB) -culture results reported to DSHS according to the timelines for reporting initial and updated results given herein. For FY16 reporting, data will be drawn from calendar year 2015 (11112015 -1213112015). A compliance percentage of not less than 91.5% is required. Page 6 of 22 If data indicates a compliance percentage for this Performance Measure of less than 91.5%, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to improve performance, on a timeline set by DSHS; 5. Newly -reported cases of TB with AFB -positive sputum culture results will have documented conversion to sputum culture -negative within 60 days of initiation of treatment. For FY16 reporting, data will be drawn from calendar year 2014 (1/1/2014-12/3112014). A compliance percentage of not less than 47% is required. If data indicates a compliance percentage for this Performance Measure of less than 47%, then DSHS may, at its sole discretion, require additional measures be taken by contractor to improve performance, on a timeline set by DSHS; 6. Newly diagnosed TB cases that are eligible` to complete treatment within 12 months will complete therapy within 365 days or less. `Exclude TB cases 1) diagnosed at death, 2) who die during therapy, 3) who are resistant to Rifampin, 4) who have meningeal disease, and/or 5) who are younger than 15 years with either miliary disease or a positive blood culture for TB. For FY16 reporting, data will cover all cases from calendar year 2014 (1/1/2014 -12/31/2014). A compliance percentage of not Tess than 87% is required. If data indicates a compliance percentage for this Performance Measure of less than 87%, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to improve performance, on a timeline set by DSHS; 7. Increase the proportion of culture -confirmed TB cases with a genotyping result reported. For FY16 reporting, data will be drawn from calendar year 2015 (1/1/2015 -12/31/2015). A compliance percentage of not Tess than 94.2% is required. If data indicates a compliance percentage for this Performance Measure of less than 94.2%, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to improve performance, on a timeline set by DSHS; 8. TB cases with initial cultures positive for Mycobacterium tuberculosis complex will be tested for drug susceptibility and have those results documented in their medical record. For FY16 reporting, data will be drawn from calendar year 2014 (1/1/2014 -12/31/2014). A compliance percentage of not less than 97.8% is required. If data indicates a compliance percentage for this Performance Measure of less than 97.8%, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to improve performance, on a timeline set by DSHS; 9. Newly -reported TB patients with a positive AFB sputum -smear result will have at least three contacts identified as part of the contact investigation that must be pursued for each case. Page 7 of 22 For FY16 reporting, data will be drawn from calendar year 2015 (111/2015 -12/31/2015). A compliance percentage of not less than 92% is required. If data indicates a compliance percentage for this Performance Measure of less than 92%, then DSHS may„ at its sole discretion„ require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 10. Newly -identified contacts, identified through the contact investigation, that are associated with a sputum AFB smear -positive TB case will be evaluated for TB infection and disease. For FY16 reporting, data will be drawn from calendar year 2014 (11112014 -1213112014). A compliance percentage of not less than 82.5% is required. If data indicates a compliance percentage for this Performance Measure of less than 82.5%, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to improve performance, on a timeline set by DSHS; 11. Contacts, identified through the contact investigation, that are associated with a sputum AFB smear -positive case and that are newly diagnosed with TBI will be started on timely and appropriate treatment. For FY16 reporting, data will be drawn from calendar year 2014 (1/1/2014 -1213112014). A compliance percentage of not less than 70% is required. If data indicates a compliance percentage for this Performance Measure of less than 70%, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to improve performance, on a timeline set by DSHS; 12. Contacts, identified through the contact investigation, that are associated with a sputum AFB smear -positive case that are newly diagnosed with TBI and that were started on treatment will complete treatment for TBI as described in Targeted Tuberculin Testing and Treatment of Latent TB Infection (LTBI), Morbidity and Mortality Weekly Report, Vol. 49, No. RR -6, 2000; according to timelines given, therein. For FY16 reporting, data will be drawn from calendar year 2014 (1/1/2014 -12/31/2014). A compliance percentage of not less than 50% is required. If data indicates a compliance percentage for this Performance Measure of less than 50%, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to improve performance, on a timeline set by DSHS; 13. For Class B immigrants and refugees with abnormal chest x-rays read overseas as consistent with TB, increase the proportion who initiate medical evaluation within 30 days of arrival. Arrival is defined as the first notice or report; whether that is by fax, phone call, visit to the health department or EDN notification. For FY16 reporting, data will be drawn from calendar year 2015 (1/1/2015 -12/31/2015). A compliance percentage of not less than 62% is required. If data indicates a compliance percentage for this Performance Measure of less than 62%, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to improve performance, on a timeline set by DSHS; Page 8 of 22 14. For Class B immigrants and refugees with abnormal chest x-rays read overseas as consistent with TB, increase the proportion who initiate and complete evaluation within 90 days of arrival. For FY16 reporting data will be drawn from calendar year 2015 (11112015-12131/2015). A compliance percentage of not Tess than 45% is required. If data indicates a compliance percentage for this Performance Measure of less than 45%, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to improve performance, on a timeline set by DSHS; 15. For Class B immigrants and refugees with abnormal chest x-rays read overseas as consistent with TB and who are diagnosed with TBI during evaluation in the US, increase the proportion who start treatment. For FY16 reporting, data will be drawn from calendar year 2015 (11112015 -12/31/2015). A compliance percentage of not less than 64% is required. If data indicates a compliance percentage for this Performance Measure of less than 64%, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to improve performance, on a timeline set by DSHS; and 16. For Class B immigrants and refugees with abnormal chest x-rays read overseas as consistent with TB and who are diagnosed with TBI during evaluation in the US and started on treatment, increase the proportion who complete TBI treatment. For FY16 reporting, data will be drawn from calendar year 2014 (1/1/2014 -12/31/2014). A compliance percentage of not less than 70% is required. If data indicates a compliance percentage for this Performance Measure of less than 70%, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to improve performance, on a timeline set by DSHS. Contractor will maintain documentation used to calculate performance measures as otherwise required by this Contract and by 22 Tex. Admin Code § 165.1. All reporting to DSHS will be completed as described in Section I, "D. Reporting" and submitted by the deadlines given. If Contractor fails to meet any of the performance measures, Contractor will furnish in the Annual Progress Report a written narrative explaining the reasons for the failure and Contractor's plan to prevent future failures. This requirement does not excuse any violation of this Contract, nor does it limit DSHS as to any options available under the contract regarding breach. SECTION III: BILLING INSTRUCTIONS. Contractor will request payment using the State of Texas Purchase Voucher (Form B-13) and acceptable supporting documentation for reimbursement of the required services/deliverables. Vouchers and supporting documentation can be mailed, faxed or sent via e-mail: Page 9 of 22 Claims Processing Unit, MC 1940 Department of State Health Services 1100 West 49th Street PO Box 149347 Austin, Texas 78714-9347 Fax: (512) 776-7742 E-mail: invoices@dshs.state.tx.us A copy of the invoice must also be sent via email to: CMU.invoices@dshs.state.tx.us and TBcontractingreporting@dshs.state.tx.us Page 10 of 22 8. Service Area Nueces County Page 11 of 22 This section intentionally left blank. Page 12 o122 10. Procurement method: Non -Competitive Interagency/Interlocal GST -2012 -Solicitation -00064 FY14 TB/FED 11. Renewals: Number of Renewals Remaining: 4 Date Renewals Expire: 12/31/2020 12. Payment Method: Cost Reimbursement 13. Source of Funds: 93.116 14. DUNS Number: 069457786 Page 13 of 22 15. Programmatic Reporting Requirements: Report Name Frequency Period Begin Period End Due Date Narrative Reprt Annually January 1, 2015 December 31, 2015 March 15, 2016 Financial Status Quarterly January 1, 2016 March 31, 2016 April 29, 2016 Reports (FSRs) & Match ReimbursementlC ertification Forms (B-13As) Financial Status Quarterly April 1, 2016 June 30, 2016 July 29, 2016 Reports (FSRs) & Match ReimbursementfC ertification Forms (B-13As) Financial Status Quarterly July 1, 2016 September 30, 2016 October 31, 2016 Reports (FSRs) & Match ReimbursementlC ertification Forms (B-13As) Financial Status Quarterly October 1, 2016 December 31, 2016 February 15, 2017 Reports (FSRs) & Match ReimbursementlC ertification Forms (B-13As) Submission Instructions: Annual Report: Submit program reports to the TB Reporting Mailbox - TBContractReporting@dshs.state.tx.us. Financial Status Reports: Claims Processing Unit, MC1940 Department of State Health Services 1100 West 49th Street PO Box 149347 Austin, TX 78714-9347 The fax number is (512) 776-7442. The email address is invoices@dshs.state.tx.us Page 14 of 22 16. Special Provisions General Provisions, ARTICLE VII CONFIDENTIALITY, Section 7.03 Exchange of client -identifying information, is revised to include the following: Neither Contractor, nor any subcontractor, will transfer a client or patient record through any means, including electronically, to another entity or person, or subcontractor without written consent from the client or patient, or someone authorized to act on his or her behalf; however, DSHS may require Contractor, or any subcontractor, to timely transfer a client or patient record to DSHS if the transfer is necessary to protect either the confidentiality of the record or the health and welfare of the client or patient, or is otherwise provided by law. DSHS will have timely access to a client or patient record in the possession of Contractor, or any subcontractor, under authority of the Texas Health and Safety Code, Chapters 81 and 85, and the Medical Practice Act, Texas Occupations Code, Chapter 159. In such cases, DSHS will keep confidential any information obtained from the client or patient record, as required by the Texas Health and Safety Code, Chapter 81, and Texas Occupations Code, Chapter 159. General Provisions, ARTICLE III SERVICES, Section 3.02 Disaster Services, is revised to include the following: In the event of a local, state, or federal emergency the Contractor has the authority to utilize approximately 5% of staffs time supporting this Program Attachment for response efforts. DSHS will reimburse Contractor up to 5% of this Program Attachment funded by Center for Disease Control and Prevention (CDC} for personnel costs responding to an emergency event. Contractor will maintain records to document the time spent on response efforts for auditing purposes. Allowable activities also include participation of drills and exercises in the pre -event time period. Contractor will notify the Assigned Contract Manager in writing when this provision is implemented. General Provisions, ARTICLE XXIII PROGRAM FUNDS AND PAYMENTS, Section 23.04 Nonsupplanting, is revised to include the following: Funding from this Renewal Program Attachment will not be used to supplant (i.e., used in place of funds dedicated, appropriated or expended for activities funded through this Renewal Program Attachment) state or local funds, but Contractor will use such funds to increase state or local funds currently available for a particular activity. Contractor will maintain local funding al a sufficient rate to support the local program. If the total cost of the project is greater than DSHS' set funding, Contractor will supply funds for the remaining costs in order to accomplish the objectives set forth in this Program Attachment. All revenues directly generated by this Renewal Program Attachment or eamed as a result of this Renewal Program Attachment during the term of this Renewal Program Attachment are considered program income; including income generated through Medicaid billings for TB related clinic services. Contractor will use this program income to further the scope of work detailed in this Renewal Program Attachment, and must keep documentation to demonstrate such to DSHS's satisfaction. This program income may not be used to take the place of existing local, state, or federal program funds. General Provisions, ARTICLE XIV GENERAL TERMS, Section 14.12 Amendment, is amended to include the following: Page 15 of 22 Contractor must submit all amendment and revision requests in writing to the Division Contract Management Unit at least ninety (90) days prior to the end of the term of this Program Attachment. Page 16 of 22 17. Documents Forming Contract. The Contract consists of the following: a. Contract (this document) 2016-002508-00 b. General Provisions Subrecipient General Provisions c. Attachments Budget d. Declarations Certification Regarding Lobbying, Fiscal Federal Funding Accountability and Transparency Act (FFATA) Certification e. Exhibits Exhibit A - Notice of Change in TB Personnel Any changes made to the Contract, whether by edit or attachment, do not form part of the Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein. 18. Conflicting Terms. In the event of conflicting terms among the documents forming this Contract, the order of control is first the Contract, then the General Provisions, then the Solicitation Document, if any, and then Contractor's response to the Solicitation Document, if any. 19. Payee. The Parties agree that the following payee is entitled to receive payment for services rendered by Contractor or goods received under this Contract: Name: City of Corpus Christi Vendor identification Number. 17460005741 20. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between them with respect to the subject matter of this Contract, other than as set forth in this Contract. certify that I am authorized to sign this document and I have read and agree to all parts of the contract, Department of State Health Services By: Signature of Authorized Official Corpus Christi-Nueces County Public Health District (City) By: Signature of Authorized Official Date Date Name and Title Name and Title 1100 West 49th Street Address Address Austin, TX 78756-4204 City, State, Zip City, State, Zip Telephone Number Telephone Number E-mail Address E-mail Address Approved as to form• 31 Le A-Q►.tant Ci4 For City Attorney Page 17 of 22 Budget Summary Organization Name Corpus Christi-Nueces County Public Health District (City) Contract Number. 2016-002508-00 Budget Categories Program ID TB/PC-FED Budget Categories DSHS Funds Requested Cash Match in Kind Match Contributions Category Total Personnel $23,520.00 $0.00 $0.00 $23,520.00 Fringe Benefits $13,924.00 $0.00 $0.00 $13,924.00 Travel $4,551.00 $814.00 $0.00 $5,365.00 Equipment $0.00 $0.00 $0.00 $0.00 Supplies 53,331.00 $5,600.00 $0.00 58,931.00 Contractual $0.00 $675.00 $0.00 $675.00 Other $3,019.00 $2,580.00 $0.00 $5,599.00 Total Direct Costs $48,345.00 $9,669.00 50.00 $58,014.00 Indirect Costs $0.00 $0.00 $0.00 50.00 Totals $48,345.00 $9,669.00 50.00 558,014.00 Page 18 of 22 Fiscal Federal Funding Accountability and Transparency Act (FFATA) Certification The certifications enumerated below represent material facts upon which DSHS relies when reporting information to the federal government required under federal law. If the Department later determines that the Contractor knowingly rendered an erroneous certification, DSHS may pursue all available remedies in accordance with Texas and U.S. law, Signor further agrees that it will provide immediate written notice to DSHS if at any time Signor leams that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. If the Signor cannot certify all of the statements contained in this section, Signor must provide written notice to DSHS detailing which of the below statements it cannot certify and why. Organization Name Corpus Christi-Nueces County Public Health District (City) Address 1702 Horne Road State Texas City Payee Name Address City Corpus Christi Zip Code (9 digit) 78416 City of Corpus Christi PO BOX 9277 State TX Corpus Christi Zip Code (9 digit) 78469-9277 Vendor Identification No. 17460005741 Payee DUNS No. 069457786 MailCode 027 1. Did your organization have a gross income, from all sources, of more than $300,000 in your previous tax year? ❑ Yes 0 No 2. Certification Regarding % of Annual Gross from Federal Awards. Did your organization receive 80% or more of its annual gross revenue from federal awards during the preceding fiscal year? ❑ Yes © No 3. Certification Regarding Amount of Annual Gross from Federal Awards. Did your organization receive $25 million or more in annual gross revenues from federal awards in the preceding fiscal year? ❑ Yes X❑ No Page 19 of 22 4. Certification Regarding Public Access to Compensation Information. Does the public have access to information about the compensation of the senior executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the internal Revenue Code of 1986? ❑Yes E No If Yes, where can this information be found? If No, you must provide the names and total compensation of the top five highly compensated officers. Example: John BIum:500000;Mary Redd:50000;Eric Gant:400000;Todd Platt:300000;Sally Tom:300000 Identify contact persons for FFATA Correspondence FFATA Contact Person #1 Name Constance Sanchez Email Constancep@cctexas.com Telephone (361) 826-3227 FFATA Contact Person #2 Name Blandina Costley Email BlandinaC@cctexas.com Telephone (361) 826-7252 0 As the authorized representative of the Organization, I hereby certify that the statements made by me in this certification form are true, complete and correct to the best of my knowledge. E -Signature Date Ms. Annette Rodriguez 03/24/2016 Page 20 of 22 Exhibit A - Notice of Change in TB Personnel Organization Name: Corpus Christi-Nueces County Public Health District (City) Contract Number: 2016-002508-00 Program ID; TB/PC-FED Contract Term: 01/01/2016 -1213112016 Program Name: Tuberculosis Prevention and Control Month / Year Local Health Department/Health Service Region Contact Person Phone Number Check all that apply: NEW HIRE NAME CHANGE NEW FTE TRANSFER PROMOTION RESIGNATION RECLASSIFICATION RETIREMENT TERMINATION OTHER (SPECIFY) PERSONNEL INFORMATION Name as Listed on Payroll Supervisor Work Location Phone & Phone Extension Position Title Effective Date New Base Salary Last Physical Day on Duty Summary of Duties Percent Paid by State TB Funds Percent Paid by Federal TB Funds Page 21 of 22 Percent Not Paid by State and Federal TB Funds Page 22of22 arL`ir[uID eseitit reras I/Wbrio-UOCumerarage 41* 4TEXAS Department of State Health Services CHECK GLOBAL ERROR! Cif Had Document InformationZ,Q t-TP_c-FEQ:11091 Parent Information DC PS-201S-TB/PC-FED-00013 gelatts You are here: s Renewal Menus fprms Menu CERTIFICATION REGARDING LOBBYING Organization Name Corpus Christi•Nueces County Pubic Health District (City) Contract Number 2016-002508-00 For contracts greater than 5100 000. this attachment is applicable and must be signed as part oI the contract agreement. CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS The undersigned certifies to the best of his or her knowledge and belief that (1) No federal appropriated funds have been paid or will be paid, by or on behalf oldie undersigned, to any person for influencing or attempting to influence an oficer or an employee of any agency a member of congress an officer or employee of congress. or an employee o1 a member of congress in connection with the awarding of any federal contract, the making deny federal grant the making oI any federal loan. the entering into of any cooperative agreement and the extension, continuation. renewal, amendment. or mad bcation of any federal contract grant ban. or cooperative agreement_ (2) II any funds other than federal appropriated funds have bean paid or will be paid to any person fur influencag or attempting to influence an officer or employee of any agency, a member of congress federal contract, grant loan. or cooperative agreement the undersigned shall complete and submit an officer or employee of =grass or an employee ore member of congress .n connection with Bis Standard Form -11, 'Disclosure Form to Report Lobbying • In accordance with Its Instructions (3) The undersigned shall requ..re that the language of this cersficatlon be rnduded in the award documents for all subawards at all tiers (including subcontracts subgrants and contracts under grants. loans end cooperative agreements) and that all subreciplents shall certify and d sdose accord ngly This certification Is a material representation al fad upon which rakance was placed when this transaction was made or entered into Submission of thls cartlflcation is a prerequisite for making or entering Into this transaction imposed by Section 1352, Title 31, U.S Cade Any person who falls lo tile the required certification shall be subject to a civil penalty of not less that 510.000 and not more than 5 100 000 for each such failure Applicable Non -Applicable Signature of Authorized Individual Dale Navigation Links 6 C4niecgo_n Renard'no Lobbying a Fiscal Fedardj Fytnslin9 Acsounl mIlty pr+j Transparency Ash (FFATA) Rodriguez. Ms Annetta Cerra -million abon 3124/2015 10:54 44 AM 0 Signature Pime Genenl Prov+siors rLHDI I ttnc rl rdo riche IaryC nmarriktorManoll ass rn9n nn1r1a111471RRrvwlr7=77174 ir} .YLJrLUIO inteipLara tS I AUan- Liteuraent rage -1 Contract Pren1 gr :hlbll Sharp. Kathy - DCPS Sharp, Kathy • PCPS 12/712015 1:45 14 PM 12/72015 1;50 11 PM ® Tan of the Paae Powered by 1ntell GranlsCopyright 2000-2016 Agate Softy/aro Inc Mlne•1ldrarde Aeke la.x Aft,tr114.0.417xual acrivle nnlrrmir1471A*arrrr1a7417A 7r+ TEXAS DEPARTMENT OF STATE HEALTH SERVICES CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief that: (1) No federal appropriated funds have been paid or will be paid, by o r on behalf of the undersigned, to any person for influencing or attempting to influence an officer or an 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 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 federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit, an officer or employee of congress, or an employee of a member of congress in connection with this Standard Farm -I 1, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less that $10,000 and not more than 5100,000 for each such failure. Signature Dale Print Name of Authorized Individual 02.6)4) ---r )o - va Application or Contract Number Org. ization Name Dism —eir fti CSCU # EF29-12374 - Revised 2/2006 Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION The certifications enumerated below represent material facts upon which DSHS relies when reporting information to the federal government required under federal law. If the Department later determines that the Contractor knowingly rendered an erroneous certification, DSHS may pursue all available remedies in accordance with Texas and U.S. law. Signor further agrees that it will provide immediate written notice to DSHS if at any time Signor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. if the Signor cannot certify all of the statements contained in this section, Signor must provide written notice to DSHS detailing which of the below statements it cannot certify and why. Legal Name of Contractor: Corpus Christi- Nueces County Public Health District Primary Address of Contractor: 1702 Horne Road Corpus Christi, TX 78416 FFATA Contact # 1 Name, Email and Phone Number: Constance Sanchez Constancep@cctexas. com 361-826-3227 FFATA Contact #2 Name, Email and Phone Number: Blandina Costley Blandlnac@cctexas.com 361-826-7252 ZIP Code: 9 -digits Required www.usps.com 7 8 4 1 6 DUNS Number: 9 -digits Required www.sam.gov 6 9 4 5 7 State of Texas Comptroller Vendor Identification Number (VIN) 14 Digits 7 4 0 0 0 4 0 2 Printed Name of Authorized Representative Margie Rose Title of Authorized Representative Deputy City Manager Signature of Authorized Representative Date -1- Department of State Health Services Form 4734 — June 2013 Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION As the duly authorized representative (Signor) of the Contractor, I hereby certify that the statements made by me in this certification form are true, complete and correct to the best of my knowledge. Did your organization have a gross income, from all sources, of less than $300,000 in your previous tax year? ❑ Yes ® No If your answer is "Yes", skip questions "A", "B", and "C" and finish the certification. If your answer is "No", answer questions "A" and "B". A. Certification Regarding % of Annual Gross from Federal Awards. Did your organization receive 80% or more of its annual gross revenue from federal awards during the preceding fiscal year? ❑ Yes ® No B. Certification Regarding Amount of Annual Gross from Federal Awards. Did your organization receive $25 million or more in annual gross revenues from federal awards in the preceding fiscal year? ❑ Yes ® No If your answer is "Yes" to both question "A" and "B", you must answer question "C". If your answer is "No" to either question "A" or "B", skip question "C" and finish the certification. C. Certification Regarding Public Access to Compensation Information. Does the public have access to information about the compensation of the senior executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? ❑ Yes ❑ No If your answer is "Yes" to this question, where can this information be accessed? If your answer is "No" to this question, you must provide the names and total compensation of the top five highly compensated officers below. For example: John BIum:500000;Mary Redd:50000;Eric Gant:400000;Todd Platt:300000; Sally Tom:300000 Provide compensation information here: _2_ Department of State Health Services Form 4734 — June 2013 ARTICLE I SECTION 1.01 SEcnoN 1.02 ARTICLE II SECTION 2.01 SECr1ON 2.02 SECTION 2.03 SECTION 2.04 SECTION 2.05 SECTION 2.06 SECTION 2.07 5Ec1oN 2.011 SECTION 2.09 SEcrioN 2.10 SECTION 2.11 SECTION 2.12 ARTICLE i11 SECTION 3.01 SECTION 3.02 SECTION 3.03 SECTION 3.04 SECTION 3.05 ARTICLE IV SECTION 4.01 SECTION 4.02 ARTICLE V SECTION 5.01 SEcrIoN 5.02 SECTION 5.03 SECTION 5.04 ARTICLE VI SECTION 6.01 SECTION 6.02 SECTION 6.03 ARTICLE VII SECTION 7.01 SECTION 7.02 SECTION 7.03 SEcrION 7.04 SECTION 7.05 Fiscal Year 2016 Department of State Health Services Contract General Provisions CONTRACT COMPONENTS 1616....„ CoNTRAcr COatPOY£*rts._._................ „........».«...».».„......... ....... ...„».....«......... ....„.»1616..»16»16.»» ..... »»..4 ORDEROF PRECEDENCE«.«»..«.............................»........................»1616..».........» .........«1616.....».».»1616.«4 COMPLIANCE AND REPORTING....».....».».....».........»......«.».«.„.»1616„ 4 COMPLIANCE........ 1616„1616».».»1616»...»»..»„.....„.»....._.„.......«1616..«.«„1616.........»1616..»1616.... ......4 . PRECEDENCEOF CONTRACT TERMS 1616«....1616« .................... 1616».„.„1616..„1616..„1616 ».„16 16.» . 1616....»..........4 EFFECTOF LEGISLATI4'E CHANGES •••••••••••••••••6166• ............... •••••••• ...... •-•••••••••-• ........ ••••• .......... •••••••••••• 4 COMPLIANCE W1T11 REQL IRE.. I ENTS OF SOLICITATION DOC L° M ENT ........»....... REPORTING.„.....„.........................««.......«.«1616«.............161•166.6.••••••••• ....... ••••••_...._....»..1616»..........»1616...«1616.«....... 4 APPLICABLECONTRACTS LAW AND VENL E FOR DISPUTES _1616._.„.„.« ....«...«.....« ......................«....»4 STATUTES AND STANDARDS OF GENERAL APPLICABILITY APPLICABILITY OF GENERAL PROVISIONS TO INTERAGENCY AND INTERLOCAL CONTRACTS »1616.»1616.».....6 CnIt. RIGHTS POLICY AND COMPLAINTS.. ..........»1616.»1616. 16 16 ..... „1616„.«16 16...............« 7 LICENSES, CERTIFICATIO!Is, PERMITS. REGISTRATIONS AND APPROVALS.....„ »„ „16_16»1616....»._»..7 FUNDINGOBLIGATION ..... „16»16.......... .„1616. 1616„16„16«1616 ,1616«1616»«.»1616«,.....1616..»1616»„. 7 WHISTLEBLOI'. ER ACT PROTECTION .......««.». »1616 ............... , 7 SERVICES...„„ ...... » .................„.«.«.......„.«.......1616.»1616....,».»1616, 7 EDUCATION TO PERSONS IN RESIDENTIAL FACILITIES .... ••••••••••••••••••••••••••••••••••••••• 7 CONSENT TO MEDICAL CARE OF A MINOR.«.......«.».» 1616».»1616.....»1616» 1616«.„..... B 1616.»1616...» 8 TELEMEDICINEREL£PSYCHIATRYMEDICAL SERViCES.., »1616.. 1616.«...........1616....„.».11 SERVICES AND INFORMATION FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY.... .............. FUNDING.......»...«...»....»....»..... ..._.......„.1616 ........ »16_ ................. ••••• 9 DEBTTO STATE AND CORPORATE STATUS ........». 16......16.».1616...1 9 APPLICATIQY OF PAYMENT DUE .».»....................».».»».»............ 9 PAYMENT METHODS AND RESTRICTIONS„1616.»1616..... PAYMENT METHODS... INVOICE/B 444.61 9 9 FINALINVOICEISILLINGSUBMISSION .......................».»1616..».« 10 THIRD PARTY PAYORS .......«. ...«.1616... •».»16 16 . 10 TERMS AND CONDITIONS OF PAYMENT ....._._...... _........... 10 PRONI PT PAYMENT ............... 1616..«1616..„.«..»16..........«.10 PAYMENTHYDEPARTMENT 1616...».1616» ••••••••• ........ ••••••. 66. ........ 10 WITHHOLDINGPAYIIENTS ..»16.16«..««.......1616»......166•1..»».„1616...»„„.1616».1616».».1616.... .1616.....».„.„......1 CONFIDENTIALITY ........_....»1616.._.»» ....................«»... .«1616...» » .».»»16 16.»1616..»1616 » .„1616. ...11 MAINTENANCE OF CONFIDENTIALITY .......«..........«.».„1616.»1616... _ ».».»1616».»..........«.1616.».„.„1616..«........6•........11 DEPARTMENT ACCESS TO Pitt AND OTHER CONFIDENTIAL INFOR.%IATION 1616.... .«.«.....«_16».„....11 EXCHANGE OFCLIEN7 IDENTIFYING INFORI►IATIOY ........»16 16_._._„1616._.»1616.....,»,»,»„,. ,1616„1616„.„1616...».» ....6•..1 l SECURITYOF PATIENT OR CLIENT RECORDS....„...............«.6•».«.»1616».. »1616.».» .»1616„1616..»1616..»1616»...11 HIV/AIDS Moon. WORKPLACE GUIDELINES «.».„.......«.«..6•..».«..16.6•.6•..6•«.16..»........ _ 1616... _16_16».»._....12 General Provisions (September 1, 2015) ARTICLE NII SECTION 8.01 ARTICLE IX SECTION 9.01 ARTICLE X SECTION 10.01 SECTION 10.02 SECTION 10.03 ARTICLE XI SEcnoN 11.01 SECTION 11.02 SECTIOn 11.03 SECTIO~ 11.04 SECTION 11.05 SECrioN 11,06 SECTION 11.07 SECTION 11.08 SECTION 11.09 ARTICLE XII SECTION 12.01 SECTION 12.02 SECTION 12.03 SECTION 12.04 SECTION 12.05 SECTION 12.06 ARTICLE XIII SECTION 13.01 SECTION 13.02 SECTION 13.03 SECr1oN 13.04 SECTION 13.05 SECTION 13.06 SECTION 13.07 SECTION 13.08 SECTION 13.09 ARTICLE XIV SECTION 14.01 SECTION 14.02 SECTION 14.03 SECTION 14.04 SECTION 14.05 SECTION 14.06 SECTION 14.07 SECTION 14.08 SECTION 14.09 SECTION 14.10 PUBLIC INFORMATION ACT .......».»..». TEXAS PUBLIC INFORMATION ACT RECORDS RETENTION ..»».................». RETE nos ..»..».».».».... »...»...».» 12 ....«.« «..,.« 12 1.1.1.1.. «... «. ».».......... «1.1.1.1. 12 ......».......... «..«....«.«..... ««.._.......... «1.1.1.1.....«..».12 ACCESS, INSPECTION AND AUDIT OF RECORDS ....... «.«.«.«..... »«.....«.».».........„1.1.1.1...«..... ......_.1I ACCESSAND INSPECTION .».« .. «.«..«..».».«.»..««...«...«.»«....».»._»..»»_ ._..»._.».... 1.1.1.1.«.«. «.«...»...».13 STATE AUDITOR'S OFFICE ....«......«.........«.....».« .............. •••.«.»....».......«...«.... 13 RESPOVDINGTODEFICIENCIES ...,..«......... .„. »«1.1.1. 1.«.«.«1.1....... .....».».....«...»....... _..««..«.»..... ....».13 REPORTING REQUIREMENTS «.» .» ».».».»....»»...»......». 13 CHILD ABUSE REPORTING REQUIREMENT .... 13 SIGNIFICANT INCIDENTS .....»»............. „.„.,........... ......»_.._.« 14 LIT1G.\TION .........»....«««...«....».«.......«.«.«.»..«..........«.».««.«....»....». .....».....»...»...».......» 14 CONTRACT ORLICENSE ACTIONAGAINST THE CONTRACTOR ..»....»......»........».»».»..» 14 INSOLVENCY...»..»......».....»....».....»......»....«..»..».......... »».».».....» ., .»...14 PERFARMANCEMALFEASANCE .«. «..„...«.««....«.«...... ......... ........ ».»....»...........»...._»..........».. 14 CRIMINAL ACTIVITY AND DISCIPLINARY ACTION»....................».....».».».»....».....„.......„.« 15 RETALIATION PROHIBITED _..».«.».._._».».........»._....»...._..._....»...._.........» ......„...15 DOCUMEhTATI• _.»..»...»._..........„....1.""1.1.1.....».» •••••••• ........ .1.1•••••••••• 15 ASSURANCES AND CERTIFICATIONS...».».»..»».......»....»....................»...... .»....«»... 1.1.1.1.. l5 CERTIFICATION .._.».......... .......... .....».»...».».....».».................».»..»...»..».».»....».».............15 CHILD SUPPORT DELINQUENCIES .«„.„1.........».».» 16 AUTHORIZATION ..».....»...».»....».....»...».......... .««.«1.1.1.1... 16 GIFTS AND BENEFITS PROHIBITED ». » ».16 INELIGIBILITYTORECEIVETHECONTRACT .«..1.«1.1.1...».......... ...».»....... «.».»..». ........»»».»..».16 ANTITRUST....._...».............._...._._.......»»..»..»._......._....»....»....»....».„..,...»....» ».»..».».».«.«"1.1.1.1..»».17 GENERAL BUSINESS OPERATIONS OF CONTRACTOR ..»....» 17 PROGRAM SITE .....».».»....» 1.1.1.1.« .....»..... .».«.«......1.1.1.1.«.....«....».».»...»....».»..».».»....».».. 1.1. 1.1..._ 17 HISTORICALLY UNDERUTILIZED BUSINESSES (HUBS) - 17 1.1.1.1..«.».«.« 17 STATUS OF SUBCONTRACTORS .»««.»..«........»....».»........................._.».».»...».. »..17 INDEPENDENT CONTRACTOR ..»......._...»..«.. »................ »».....»...._.».».....»............» ....18 TAX LIABILITY ..„........„...„.„.«1......1.1.1.«..« 1. 1.1.1..„ NOTICE OFORGANIZATIONAL CHANGE ...« 1.1.1.1. NO ENDORSEMENT ..........».».».»..... 1.1.1.1.. .._..»...... E- V E RI FY SYSTEM I ....»....._. ... ...».»...».._.»».».».».».... »....... 18 18 ....1.1.1.1». .... 18 "1.1.1.1..««...»«.» «.18 GENERALTERMS .................1.1.1.1..1.1.1.1. ».».»......».... »...........».».» .».„.„1.1. 1.1.«».»......«.« 1.1.1.....1..».....18 ASSIGNMENT1.1.1.1..«.. _..«_1.1.1.1.«......»......»....»..».».».......»..»....».»...».»..........».» "1.1.1.1.... 18 LOBBYING. ...............»....».......»»........».......».»».»....» 19 CONFLICT OF INTEREST ..»».».»»........».»..»..»„..».»...».».»».... .«.«.«....• «1.«« 19 TRANSACTIONS BETWEEN RELATED PARTIES ............................................ ... 20 INTELLECTUAL PROPERTY».........»..»...».....»........»...«».»..»..».».».».»..........»....».».. ... „.»...1..20 OTHER INTANGIBLE PROPERTY . ...1."1.1.1....«.«.„....«...1.1.1.1..»..«« 21 SEVEIlABILiTYAND AMBIGUITY 1."1.1.1... • LEGAL NOTICE ........... «...«....»........ ...._........».1.«4..1.1.1.« .„....«.......„............„...«...............».........»... 21 .»...1.... ..- 21 SUCCESSORS...»....................»...».».»....»..».»........»...».«.»»»....».» 1.1.1.1.«...« ...».».».». ».».»...».».21 SURVIVABILITY OFTER.%tS .«1.1.1.1..... .............».......«.« 1.1.« «1.«1.«..............«..«.«1.1.1.1.„1.1.1.1...«.» ......21 General Provisions (September 1, 2015) 2 SECTION 14.11 SECTION 14.12 SECTION 14.13 SECTION 14.14 SECTION 14,15 SECTION 14.16 SECTION 14.17 SECTION 14.111 SECTION 14.19 SECTION 14.20 SECTION 14.21 SECTION 14.22 ARTICLE XV SECTION 15.01 SECTION 15.02 SECTION 15.03 SECT1oN 15.04 ARTICLE XVI SECTIoN 16.01 SECTION 16.02 SECTION 16.03 ARTICLE XVII SECrioN 17.01 SECTION 17.02 SECTION 17.03 SECTION 17.04 SECTION 17.05 SECTION 17.06 ARTICLE XVIII SECTION 18.01 SECTION 18.02 SECTION 18.03 ARTICLE XIX SECTION 19.01 SECTION 19.02 SECTION 19.03 SECTIoN 19.04 SECTION 19.05 CUSTONtERSERVICE INFORMATION .............«........................_._._.......•••••.••••••••••••••••21 AMENDMENT _._._...._........_._._..........». ....... _._.._....«..««.«.«» ... ...«.»..........«.....21 CONTRACTOR'S NOTIFICATION OF CHANGE OF CONTACT PERSON OR KEY PERSONNEL »........«.».».«.«..».21 UNILATERALAMENDMENT «..«....««..««.»............»... ...................... «.»........... »...._....»...21 INTERIMEXTENSION AM END]1 ENT ....»......«.»««._._....«._.» ...... ....«.«....... ».».»..»«».....»........... »....«....,,... 22 IMMUNITYNOT WAIVED «.»..».«.«.»..» ...... «.».«.....».«._.«.»...... ....»...._..»»....»...._»..... »........... _._.»....«...2I HOLDHARMLESS AND INDEMNIFICATION...........»....»«..................»......».»........................».. ....22 WAIVER .«....»...««..»........»............«.»..«....»..».».»»......,...............».».».........». ._.«..........« 22 ELECTRONIC AND INFOR.►IATION RESOURCES ACCESSIBILITY AND SECURITY STANDARDS .......__...»....«.._ 22 FORCE MAJEURE .............. ......«._...... ..... ....»..».».............«........«..»....... 24 COQPERATIQJAND COMIIUNICATION ..«.»..«.«.»........».».«».«. ... 24 INSURANCE.........» ...». ..». .«........_.«.».«.».«_» ...._._..................«......_24 BREACII OF CONTRACT AND REMEDIES FOR NON-COMPLIANCE .25 ACTIONSCONSTITUTING BREACH OF CONTRACT ..»...»..»........__...._....».......»........._».«._...._....25 GENERAL REMEDIES AND SANCTIONS ....«.».»........«.».»....».»...»..».».»... _.«.»....»... ».«.. «.......«._....»....25 NOTICE OF REMEDIES OR SANCTIONS ....................«.»....».......»..» .....» 26 EMERGENCY ACTION .._» ..... ......... »...... »..».».»..».«.».».»....».............. «»....«....«...... «..... »........ 26 CLAIMS AGAINST THE DEPARTMENT -NOTICE OF DISPUTE»_...»....»...»..».».».»...«.»....»....27 BREACH OF CONTRACT CLAIM .........».»....»...............».....».».«.»..»....»....».......»._«».«.»......» 27 NOTICE......«...» . ».«.«....«...._......... .... ... . ................. . ........................»..............«..»...»«.27 PERFORMANCE NOT SUSPENDED .........».... ...,....«......«....»..._........«........ 27 TERMINATION AND TEMPORARY SUSPENSION .......... ....... EXPIRATION OF CONTRACT OR PROGRAM ATTACHMENTS ....»........... - 27 EFFECT OF TERMINATION OR EXPIRATION .........«.»..».»...» ...» »..»....»...... 27 TERMINATION OR TE.►1PORARY SUSPENSION WITHOUT CAUSE..........«.».«.«.«....»...»..».»..........................27 I\[�IEDIATETERMINATION «..«............«............«» ..............._. ........... ... .............«.......«28 TERMINATION FOR CAUSE «..._........_....» ........ ...«.«.«._.«.«...«..... ......« 28 NOTICE OFTEILUNATION .......».»».».......«.».».....»...............»....»....«....».«.»..»....._..»._.»._....._..... 28 VOID, SUSPENDED AND TERMINATED CONTRACTS . ..28 VOIDCONTRACTS .....«....«.»...»........... ..... .» ................«.».«..».».».». »..28 EFFECT of VOID, SUSPENDED, OR INVOLUNTARILY TERMINATED Co TRACT .. 28 APPEALS RIGHTS FOR DSHS FUNDED BLOCK GRANTS .»...»......... .................... .........._.....28 CLOSEOUT 28 CESSATION OF SERVICES AT CLOSEOUT...«.».«.»..».».»....«.».»«MM. ..... »....».«....... «.......»....... »........... ».»....28 ADMINISTRATIVE OFFSET .».....»... .....................«.......».»..........»........».....«.......»............_29 DEADLINE FOR CLOSEOUT _...._... ......... _.«...«_._....._._.».»..._._.«.««...«....«._....«...«..... ».».«.«...«.»»...«»29 PAYMENTOFREFUNDS ».« ...._ ...«.....«.........«.«..«...»..».....«....«....29 DISALLOWANCES AND ADJUSTMENTS «....».»..«.«.«.».»......»......__......._._.._._..............«....«....29 General Provisions (September 1, 2015) 3 ARTICLE 1 CONTRACT COMPONENTS Section 1.01 Contract Components. As used in herein, the "Contract" consists of the following documents: a. The Contract, including any applicable Program Attachment(s); The Department of State Health Services Fiscal Year 2016 General Provisions (General Provisions) and if applicable; c. The solicitation document, if applicable; and d. The response, proposal or application submitted by Contractor in response to the solicitation document, if applicable. Section 1.02 Order of Precedence. To the extent that there is any conflict between the terms of any contract component document, the conflict shall be resolved in the above order of priority in Section 1.01. ARTICLE II COMPLIANCE AND REPORTING Section 2.01 Compliance. Contractor shall comply and require its subcontractor(s) to comply with thc requirements of these general provisions and all other applicable state and federal statutes, regulations, rules and executive orders, as such statutes, regulations, rules and executive orders including as such statutes, regulations, rules and executive orders may be amended. Section 2.02 Precedence of Contract Terms. To the extent this Contract imposts a higher standard or additional requirements beyond those required by applicable statutes, regulations, rules or executive ordcrs, the terms of this Contract shall take precedence and control. Section 2.03 Effect of Legislative Changes. Contractor agrees that upon notification from Department of State Health Services (DSHS or Department) Contractor shall comply with any changes to the term of thc contract include in its contracts that are a result of legislation during the term of this Contract. Section 2.04 Compilance with Requirements of Solicitation Document. If applicable and except as specified in these General Provisions or thc Contract's terms, the Contractor shall comply with the requirements, eligibility conditions, assurances, certifications and program requirements of the Solicitation Document for the duration of this Contract or any subsequent renewals. The Parties agree that the Department has relied upon Contractor's response to the Solicitation Document. The Parties agree that any misrepresentation contained in Contractor's response to the Solicitation Document constitutes a breach of this Contract and may result in termination. Section 2.05 Reporting. Contractor shall submit reports in accordance with the reporting requirements established by the Department and provided for in the Contract and in these General Provisions. Except as otherwise provided for in this Contract or General Provisions, the Contractor shall submit reports to the assigned contract manager. Contractor shall also provide any other information requested by the Department in thc format required by DSHS. Failure to submit any required report or additional requested information by the due date specified in the contract or upon request may constitute a breach of contract, result in delayed payment and/or thc imposition of sanctions and remedies. And failure to comply with a reporting requirement may adversely affect evaluation of Contractor's ability to contract in the future with the Department. Section 2.06 Applicable Contracts Law and Venue for Disputes. Except as provided for in Article XV, all issues related to this contract, including formation, performance and interpretation that may arise in any dispute between the Parties, shall be governed by and construed in accordance with the laws of the State of Texas and venue shall be in Travis County, Texas. Section 2.07 Statutes and Standards of General Applicability. Contractor is responsible for reviewing and complying with all applicable statutes, rules, regulations, executive orders and policies. To the extent applicable General Provisions (September I, 2015) 4 to Contractor, Contractor shall comply with the following: a. Statutes, rules, regulations, and DSHS policy (and any of their subsequent amendments) that collectively prohibit discrimination, exclusion from or limitation of participation in programs, benefits or activities or denial of any aid, care, service or other benefit on the basis of race, color, national origin, limited English proficiency, sex, sexual orientation (where applicable), disabilities, age, substance abuse, political belief or religion: 1. Title VI of the Civil Rights Act of 1964, 42 USC §§ 2000d et seq.; 2. Title IX of the Education Amendments of 1972, 20 USC §§ 1681-1683, and 1685-1686; 3. Section 504 of the Rehabilitation Act of 1973, 29 USC § 794(a); 4. Americans with Disabilities Act of 1990, 42 USC §§ 12101 ct seq.; 5. Age Discrimination Act of 1975, 42 USC §§ 6101-6107; 6. Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, 42 USC § 290dd (bx1); 7) 45 CFR Parts 80, 84, 86 and 91; 7. U.S. Department of Labor, Equal Employment Opportunity E.O. 11246; 8. Tex. Labor Code Chapter 21; 9. Food Stamp Act of 1977 (7 USC §§ 2011 et seq.); 10. Executive Order 13279, 45 CFR. Part 87 or 7 CFR Part 16 regarding equal treatment and opportunity for religious organizations; 11. Drug Abuse Office and Treatment Act of 1972, 21 USC §§ 1101 et seq., relating to drug abuse; 12. Public Health Service Act of 1912, §§ 523 and 527, 42 USC § 290dd-2, and 42 CFR pt. 2, relating to confidentiality of alcohol and drug abuse patient records; 13. Title VIII of the Civil Rights Act of 1968, 42 USC §§ 3601 ct seq., relating to nondiscrimination in housing; and 14. DSHS Policy AA -5018, Non-discrimination Policy for DSHS Programs; b. Immigration Reform and Control Act of 1986, 8 USC § 1324a, and Immigration Act of 1990, 8 USC 1101 et seq., as amended by Public Law113-4 (March 7, 2013), regarding employment verification; and Illegal Immigration Reform and Immigrant Responsibility Act of 1996; c. Pro -Children Act of 1994, 20 USC §§ 6081-6084, and the Pro -Children Act of 2001, 20 USC § 7183, regarding the non-use of all tobacco products; d. National Research Service Award Act of 1971, 42 USC §§ 289a-1 et seq., and 6601 (P.L. 93-348 and P.L. 103-43), regarding human subjects involved in research; e. Hatch Political Activity Act, 5 USC §§ 1501-1508 and 7324-26, which limits the political activity of employees whose employment is funded with federal funds; f. Fair Labor Standards Act, 29 USC §§ 201 et seq., and the Intergovernmental Personnel Act of 1970, 42 USC §§ 4701 et seq., as applicable, concerning minimum wage and maximum hours; g. Texas Government Code Chapter 469 pertaining to eliminating architectural barriers for persons with disabilities; h. Texas Workers' Compensation Act, Texas Labor Code Chapters 401-406, and 28 Texas Administrative Code (TAC) pt. 2, regarding compensation for employees' injuries; i. The Clinical Laboratory Improvement Amendments of 1988, 42 USC § 263a, regarding the regulation and certification of clinical laboratories; j. The Occupational Safety and Health Administration Regulations on Blood Borne Pathogens, 29 CFR § 1910.1030, or Title 25 Tex. Admin Code Chapter 96 regarding safety standards for handling blood borne pathogens; k. Laboratory Animal Welfare Act of 1966, 7 USC §§ 2131 et seq., pertaining to the treatment of laboratory animals; 1. Environmental standards pursuant to the following: 1. Institution of environmental quality control measures under the National Environmental Policy Act of 1969, 42 USC §§ 43214347 and Executive Order 11514 (35 Fed. Reg. 4247), "Protection and Enhancement of Environmental Quality;" General Provisions (September 1, 2015) 5 2. Notification of violating facilities pursuant to Executive Order 11738 (40 CFR Part 32), "Providing for Administration of the Clean Air Act and the Federal Water Pollution Control Act with respect to Federal Contracts, Grants, or Loans;" 3. Protection of wetlands pursuant to Executive Order 11990, 42 Fed. Reg. 26961; 4. Evaluation of flood hazards in floodplains in accordance with Executive Order 11988, 42 Fed. Reg. 26951 and, if applicable, flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234); 5. Assurance of project consistency with the approved State Management program developed under the Coastal Zone Management Act of 1972, 16 USC §§ 1451 et seq.; 6. Federal Water Pollution Control Act, 33 USC §§ 1251 et seq.; 7. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, 42 USC §§ 300f -300j; 8. Protection of endangered species under the Endangered Species Act of 1973, 16 USC §§ 1531 et seq.; 9. Conformity of federal actions to state clean air implementation plans under the Clean Air Act of 1955, 42 USC §§ 7401 et seq.; 10. Wild and Scenic Rivers Act of 1968, 16 USC §§ 1271 et seq., related to protecting certain river systems; and m. Lead -Based Paint Poisoning Prevention Act, 42 USC §§ 4821 et seq., prohibiting the use of lead-based paint in residential construction or rehabilitation; n. Intergovernmental Personnel Act of 1970, 42 USC §§ 4278-4763, regarding personnel merit systems for programs specified in Appcndix A of the federal Office of Program Management's Standards for a Merit System of Personnel Administration, 5 CFR. Part1200 et scq; o. Titles II and 111 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of, 42 USC §§4601 et scq (PL 91-646), relating to fair treatment of persons displaced or whose property is acquired as a result of Federal or federally -assisted programs; p. Davis -Bacon Act, 40 USC §§ 3141-3148; q. Copeland Act, 40 USC §§ 276c and 18 USC § 874; r. Contract Work Hours and Safety Standards Act, 40 USC § 3702 et seq., regarding labor standards for federally -assisted construction subagreements; s. National Historic Preservation Act of 1966, § 106, 16 USC § 470; Executive Order 11593; and the Archaeological and Historic Preservation Act of 1974 (16 USC §§ 469a-1 ct scq.) regarding historic property to the extent necessary to assist DSHS in complying with the Acts; t. Trafficking Victims Protection Act of 2000, Section 106(g) (22 USC § 7104); u. Executive Order 13513 (Oct. 1, 2009), Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, if required by a federal funding source of this Contract; v. Whistleblower Protection Enhancement Act (5 U.S.C. 2302(b)(8)) and Texas Whistleblower Act (Tex. Gov. Code Chapter 554); and w. Requirements of any other applicable state and federal statutes, executive orders, regulations, rules and policies. Section 2.08 Applicability of General Provisions to Interagency and Interlocal Contracts. a. The following sections or portions of sections of these General Provisions shall not apply to Interagency Cooperation Contracts (Texas Government Codc 77l) or Interlocal Cooperation Contracts (Texas Government Codc Chapter 791): 1. Hold Harmless and Indemnification, Section 14.17; 2. Independent Contractor, Section 13.05; 3. Historically Underutilized Businesses (HUBs), Section 13.02 (Contractor, however, shall comply with HUB requirements of other statutes and rules specifically applicable to that entity; 4. Debt to State and Corporate Status, Section 4.01; General Provisions (September 1, 2015) 6 5. Application of Payment Due, Section 4.02; and 6. Article XVI Claims against the Department. b. The following additional provisions shall apply to Interlocal Cooperation Contracts: I. Payments made by DSHS to Contractor shall be from current revenues available to DSHS; and 2. Each Party represents that it has been authorized to enter into this Contract. Section 2.09 Civil Rights Policy and Complaints. Upon request, Contactor shall provide the Health and Human Services Commission (HHSC) Civil Rights Office with copies of all Contractor's civil rights policies and procedures. Contractor shall notify HHSC's Office of Civil Rights of any civil rights complaints received relating to performance under this Contract no more than ten calendar days after Contractor's receipt of the claim. Notice must be directed to: Civil Rights Office Health and Human Services Commission 701 W. 51" Street, Mail Code W206 Austin, Texas 78751 (888) 388-6332 or 512-438-4313 TTY Toll-free (877) 432-7232 HHSCivilRit=,htsOfiice hhsc.state.tx.us Section 2.10 Licenses, Certifications, Permits, Registrations and Approvals. Contractor shall obtain and maintain all applicable licenses, certifications, permits, registrations and approvals to conduct its busincss and to perform the services under this Contract. Failure to obtain or any revocation, surrender, expiration, non -renewal, inactivation or suspension of any such license, certification, permit, registration or approval constitutes grounds for termination of this Contract or other remedies the Department deems appropriate. Contractor shall ensure that all its employees, staff and volunteers obtain and maintain in active status all licenses, certifications, permits, registrations and approvals required to perform their duties under this Contract and shall prohibit any person who does not hold a current, active required license, certification, permit, registration or approval from performing services under this Contract. Section 2.11 Funding Obligation. This Contract is contingent upon the availability of funding. if funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendment of the Appropriations Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract, DSHS may restrict, reduce or terminate funding under this Contract. Notice of any restriction or reduction shall include instructions and detailed information on how DSHS shall fund the services and/or goods to be procured with the restricted or reduced funds. Section 2.12 Whistleblower Act Protection. This Contract is required to include the Whistleblower Protection Acts (Sec Section 2.07(v)) protections to grantees, their subgrantces and subcontractors, and contractor must inform their employees of whistleblowers' rights and remedies. The requirement is in effect for all grants, contracts, subgrants, and subcontractors issued beginning July 1, 2013 through January 1, 2017. ARTICLE III SERVICES Section 3.01 Education to Persons in Residential Facilities. If applicable, Contractor shall ensure that all persons, who are housed in Department -licensed and/or -funded residential facilities and arc 22 years of age or younger, have access to educational services as required by Texas Education Code § 29.012. General Provisions (September 1, 2015) 7 Contractor shall notify the local education agency or local early intervention program as prescribed by this Section not later than the third calendar day after the date a person who is 22 years of age or younger is placed in Contractor's residential facility. Section 3.02 Disaster Services. In the event of a local, state, or federal emergency, including natural, man- made, criminal, terrorist, and/or bioterrorism events, declared as a state disaster by the Governor, or a federal disaster by the appropriate federal official, Contractor may be called upon to assist DSHS in providing services, as appropriate, in the following areas: a. Community evacuation; b. Health and medical assistance; c. Assessment of health and medical needs; d. Health surveillance; c. Medical care personnel; f. Health and medical equipment and supplies; g. Patient evacuation; h. In-hospital care and hospital facility status; i. Food, drug and medical device safety; j. Worker health and safety; k. Mental health and substance abuse; 1. Public health information; m. Vector control and veterinary services; and n. Victim identification and mortuary services. Contractor shall carry out disaster services in the manner most responsive to the needs of the emergency, in thc most cost-effective, and least intrusive manner to Contractor's primary services. Section 3.03 Consent to Medical Care of a Minor. If Contractor provides medical, dental, psychological or surgical treatment to a minor undcr this Contract, either directly or through contracts with subcontractors, Contractor shall not provide treatment of n minor unless informed consent to treatment is obtained pursuant to Texas Family Code Chapter 32 relating to consent to treatment of a child by a non -parent or thc child or other state law. If requirements of federal law relating to consent directly conflict with this Chapter, then federal law supersedes state law. Section 3.04 Telemedlcine/Telepsychiatry Medical Services. If applicable, the Contractor shall ensure that if Contractor or its subcontractor uses telemedicine telepsychiatry that the services arc implemented in accordance with written procedures and using a protocol approved by Contractor's medical director and using equipment that complies with the equipment standards as required by the Department. Procedures for providing_tclemedicine service must include the following requirements: a. Clinical oversight by Contractor's medical director or designated physician responsible for medical leadership; b. Contraindication considerations for telemedicine use; c. Qualified staff members to ensure the safety of the individual being served by telemedicine at the remote site; d. Safeguards to ensure confidentiality and privacy in accordance with state and federal laws; c. Use by credentialed licensed providers providing clinical care within the scope of their licenses; f. Demonstrated competency in the operations of the system by all staff members who are involved in the operation of the system and provision of the services prior to initiating the protocol; g. Priority in scheduling the system for clinical care of individuals; h. Quality oversight and monitoring of satisfaction of the individuals served; and General Provisions (September 1, 2015) S 1 Management of information and documentation for telemedicine services that ensures timely access to accurate information between the two sites. Telemedicine Medical Services docs not include chemical dependency treatment services provided by electronic means under 25 TAC Rule § 448.911. Section 3.05 Services and Information for Persons with Limited English Proficiency. a. Contractor shall take reasonable steps to provide services and information both orally and in writing, in appropriate languages other than English, to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits and activities. b. Contractor shall identify and document on the client records the primary language/dialect of a client who has limited English proficiency and the need for translation or interpretation services and shall not require a client to provide or pay for thc services of a translator or interpreter. c. Contractor shall make every effort to avoid use of any persons under the age of 18 or any family member or friend of the client as an interpreter for essential communications with a client with limited English proficiency unless the client has requested that person and using the person would not compromise the effectiveness of services or violate the client's confidentiality and the client is advised that a free interpreter is available. ARTICLE IV FUNDING Section 4.01 Debt to State and Corporate Status. a. Pursuant to Texas Government Code § 403.055, the Department shall not approve and Texas Comptroller of Public Accounts shall not issue payment to Contractor if Contractor is indebted to the State for any reason, including a tax delinquency. b. Contractor, if a corporation, certifies by execution of this Contract that it is current and shall remain current in its payment of franchise taxes to the State of Texas or that it is cxcmpt from payment of franchise taxes under Texas law (Texas Tax Code §§ 171.001 et seq.). As a corporation, this Contractor further certifies that it is and shall remain in good standing with thc Secretary of State's office. c. A false statement regarding franchise tax or corporate status is a material breach of this Contract. If franchise tax payments become delinquent during thc Contract term, all or part of the payments under this Contract may be withheld until Contractor's delinquent franchise tax is paid in full. Section 4.02 Application of Payment Due. Contractor agrees that any payments due under this Contract shall be applied towards any debt of Contractor, including but not limited to delinquent taxes and child support that is owed to the State of Texas. ARTICLE V PAYMENT METHODS AND RESTRICTIONS Section 5.01 Payment Methods. Except as otherwise provided by the provisions of this Contract, the payment method is based on a unit rate (fixed price or a specified) or fee for service (delivery of a specified unit of service) as stated in the Contract. Section 5.02 Invoice/Billing Submission. General Provisions (September 1, 2015) 9 a. Contractor shall bill the Department in accordance with the Contract in the form and format prescribed by DSHS. If applicable, thc Contractor must submit of all required documentation, reports, forms and/or deliverables in order to receive payment from the Department. b. Unless otherwise specified in the Contract or permitted under the Third Party Payors (See Section 5.04 below), Contractor shall submit requests for payment monthly by the last business day of the month following thc end of the month covered by thc bill. c. Contractor shall maintain all documentation that substantiates billing submissions and make the documentation available to DSHS upon request. Section 5.03 Final Invoice/Billing Submission. Unless otherwise provided by the Department, Contractor shall submit a reimbursement or payment request as a final close-out bill not later than 45 calendar days following the end of the term of the Contract. Section 5.04 Third Party Payors. Except as provided in this Contract, Contractor shall screen all clients and may not bill the Department for services cligiblc for reimbursement from third party payors, who arc any person or entity who has thc legal responsibility for paying for all or part of the services provided, including commercial health or liability insurance carvers, Medicaid, or other federal, state, local and private funding sources. As applicable, the Contractor shall: a. Enroll as a provider in Children's Health Insurance Program and Medicaid if providing approved services authorized under this Contract that may be covered by those programs and bill those programs for thc covered scrviccs; b. Provide assistance to individuals to enroll in such programs when thc screening process indicates possible eligibility for such programs; c. Allow clients that arc otherwise eligible for Department scrviccs, but cannot pay a deductible required by a third party payor, to receive services up 10 the amount of the deductible and to bill the Department for the deductible; d. Not bill the Department for any services cligiblc for third party reimbursement until all appeals to third party payors have been exhausted; e. Maintain appropriate documentation from the third party payor reflecting attempts to obtain reimbursement; f. Bill all third party payors for services provided under this Contract before submitting any request for reimbursement to Department; and g. Provide third party billing functions at no cost to the client. ARTICLE VI TERMS AND CONDITIONS OF PAYMENT Section 6.01 Prompt Payment. Upon receipt of a timely, undisputed invoice pursuant to this Contract, Department shall pay Contractor. Payments arc contingent upon a signed Contract and shall not exceed the total amount of authorized funds under this Contract. Contractor is entitled to payment only if the service, work, and/or product has been authorized by the Department and performed or provided pursuant to this Contract. If these conditions are met, Department shall make payment in accordance with the Texas Prompt Payment Act (Texas Government Code Chapter 2251). Contractor acknowledges and agrees that it shall comply with the provisions in the Texas Prompt Payment Act regarding its prompt payment of its financial obligations to its subcontractors. Section 6.02 Payment by Department. Payment of invoices by the Department shall not constitute acceptance or approval of Contractor's performance nor foreclose the right of the Department and HHSC to recover excessive or illegal payments. All invoices and Contractor's performance are subject to review and audit by the Department. General Provisions (September 1, 2015) 10 Section 6.03 Withholding Payments. Department may withhold all or part of any payments to Contractor to offset overpayments that Contractor has not refunded to Department. Department may take repayment from funds due to thc Contractor for services performed or goods delivered in amounts necessary to fulfill Contractor's repayment obligations. ARTICLE VII CONFIDENTIALITY Section 7.01 Maintenance of Confidentiality. Contractor must maintain the privacy and confidentiality of information and records received during or related to the performance of this Contract, including patient and client records that contain protected health information (PHI) and any other information that discloses confidential personal information or identifies any client served by DSHS in accordance with any applicable federal and state law, rules and regulations, including but not limited to: a. 7 Code of Federal Regulations (CFR) Part 246; 42 CFR Part 2, 45 CFR. Parts 160 and 164 (Health Insurance Portability and Accountability Act [HIPAA]); b Texas Health and Safety Codc Chapters 12, 47, 81, 82, 85, 88, 92, 161, 181, 241, 245, 251, 534, 576, 577, 596, 611 and 773; c. Texas Occupations Code, Chapters 56 and 159; and d. Any other applicable federal and state laws, rules or regulations. The HHS Data Use Agreement, executed by the Parties, is incorporated as part of the Contract and describes Contractor's rights and obligations with respect to thc Confidential Information and the limited purposes, for which the Contractor may create, receive, maintain, use, disclose or have access to Confidential Information. Section 7.02 Department Access to PHI and Other Confidential Information. Contractor shall cooperate with Department to allow Department to request, collect and rcccivc PHI and othcr confidential information under this Contract, without the consent of the individual to whom the PHI relates, for funding, payment and administration of the grant program and for purposes permitted under applicable state and federal confidentiality and privacy laws. Section 7.03 Exchange of Client -Identifying Information. Except as prohibited by other law, Contractor and DSHS shall exchange PHI without the consent of clients in accordance with 45 CFR § 164.504(c)(3)(i)(B), Texas Health and Safety Code § 533.009 and 25 TAC Chapter 414, Subchapter A or any other applicable federal or state laws, rules or regulations Contractor shall disclose information described in Texas Health and Safety Code § 614.017(a)(2) relating to special needs offenders, to an agency described in Texas Health and Safety Codc § 614.017(c) upon request of that agency, unless Contractor documents that thc information is not allowed to be disclosed under 45 CFR Part 164 or other applicable law. Section 7.04 Security of Patient or Client Records. Contractor shall ensure that patient and client records arc managed in compliance with state and federal law relating to security and retention of medical or mental health and substance abuse patient and client records. Department may require Contractor to transfer original or copies of patient and client records to Department, without thc consent or authorization of the patient or client, upon termination of this Contract or a Contract to General Provisions (September 1, 2015) — Applicable to Local Health Departments Only 1l this Contract, as applicable, or if the care and treatment of the individual patient or client is transferred to another entity. Prior to providing services funded under this Contract to a patient or client, Contractor shall attempt to obtain consent from the patient or client to transfer copies of patient or client records to another entity funded by DSHS upon termination of this Contract or a Contract to this Contract, as applicable or if care or treatment is transferred to another DSHS-fundcd contractor. Section 7.05 HIV/AIDS Model Workplace Guidelines. If providing direct client care, services, or programs, Contractor shall implement Department's policies based on the HIV AIDS (human immunodeficiency virus?acquired immunodeficiency syndrome), AIDS Model Workplace Guidelines for Businesses, State Agencies and State Contractors Policy No. 090.021. Contractor shall also educate employees and clients concerning HIV and its related conditions, including AIDS, in accordance with the Texas. Health & Safety Code §§ 85.112-114. A link to the Model Workplace Guidelines can be found at: httn::awww,dshs.state.tx.usthivstd/nolicv'nolicies.shtm . ARTICLE VIII PUBLIC INFORMATION ACT Section 8.01 Texas Public Information Act. The Contractor understands that DSHS shall comply with the Texas Public Information Act (Texas Government Code Chapter 552). Vibe Contractor is not a state agency, institution of higher education or other governmental entity, thcn the Contractor is required to make any information created or exchanged with the state pursuant to a contract, which is not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the state. ARTICLE IX RECORDS RETENTION Section 9.01 Retention. a. Contractor shall retain and preserve records in accordance with applicable state and federal statutes, rules and regulations. At a minimum, Contractor shall maintain all records, including but not limited to financial that arc generated or collected by Contractor under the provisions of this Contract for a period of four years after the termination of this Contract. b. If the federal retention period for services are funded through Medicaid is more than four years, then the Contractor will retain the records for longer period of time. c. Contractor shall retain all records pertaining to this Contract that arc the subject of litigation or an audit until the litigation has ended or all questions pertaining to the audit arc resolved. d. Contractor shall retain medical records in accordance with 22 TAC §165.1(b) or other applicable statutes, rules and regulations governing medical information. c. Contractor shall include this provision concerning records retention in any subcontract it awards. f. Contractor ceases business operations, it shall ensure that records relating to this Contract are securely stored and arc accessible by the Department upon Department's request for at least four years from the date Contractor ceases business or from the date this Contract terminates, whichever is sooner. g. Contractor shall provide, and update as necessary, the name and address of the party responsible for storage of records to the contract manager assigned to this Contract. ARTICLE X ACCESS, INSPECTION AND AUDIT OF RECORDS General Provisions (September 1, 2015) _ Applicable to Local Health Departments Only 12 Section 10.01 Access and Inspection. In addition to any right of access arising by operation of law, Contractor and any of Contractor's affiliate or subsidiary organizations or subcontractors shall permit the Department or any of its duly authorized representatives, as well as duly authorized federal, state or local authorities, including the Comptroller General of the United States, the Office of the Inspector General at HHSC (OIG) and thc State Auditor's Office (SAO) or any of their successor agencies, unrestricted access to and the right to examine any site where business is conducted or client services arc performed, and all records, which includes but is not limited to financial, client and patient records, books, papers or documents related to this Contract. If deemed necessary by the Department or the OIG, for thc purpose of investigation or hearing, Contractor shall produce original documents related to this Contract. The Department and HHSC shall have the right to audit billings both before and after payment, and all documentation that substantiates the billings. Contractor shall include this provision concerning the right of access to, and examination of, sites and infomtatian related to this Contract in any subcontract it awards. Section 10.02 State Auditor's Office. Contractor shall, upon request, make all records, books, papers, documents, or recordings related to this Contract available for inspection, audit, or reproduction during normal business hours to any authorized representative of thc SAO. Contractor understands that the acceptance of funds under this Contract acts as acceptance of the authority of the SAO, or any successor agency, to conduct an audit or investigation in connection with those funds. Contractor shall cooperate fully with the SAO or its successor in the conduct of the audit or investigation, including providing all records requested, and providing access to any information the SAO considers relevant to the investigation or audit. The SAO's authority to audit funds shall apply to Contract funds disbursed by Contractor to its subcontractors, and_Contractor shall include this provision concerning the SAO's authority to audit and the requirement to cooperate, in any subcontract Contractor awards. Section 10.03 Responding to Deficiencies. Any deficiencies identified by DSHS or HHSC upon examination of Contractor's records or during an inspection of Contractor's site shall be conveyed in writing to Contractor. Contractor shall submit, by the date prescribed by DSHS, a resolution to the deficiency identified in a site inspection, program review or management or financial audit to the satisfaction of DSHS or, if directed by DSHS, a corrective action plan to document and resolve the deficiency. A DSHS or HHSC determination of either an inadequate or inappropriate resolution of the findings may result in contract remedies or sanctions under the Breach of Contract and Remedies for Non -Compliance (Sec Article XV). ARTICLE XI REPORTING REQUIREMENTS Section 1I.01 Child Abuse Reporting Requirement. This section applies to mental health and substance abuse contractors and contractors for the following public health programs: a. Human Immunodeficiency Virus/Sexually Transmitted Diseases (H1V/STD); b. Family Planning; c. Primary Health Care; d. Maternal and Child Health; and c. Women, Infants and Children (WIC) Nutrition Services. All Contractors shall comply with child abuse reporting guidelines and requirements in Texas Family Code Chapter 261 relating to investigations of reports of child abuse and neglect. Contractor shall develop, implement and enforce a written policy that includes at a minimum thc Department's Child Abuse Screening, Documenting, and Reporting Policy for Contractors/Providers and train all staff on reporting requirements. General Provisions (September 1, 2015) — Applicable to Local Health Departments Only 13 Contractor shall use the DSHS Child Abuse Reporting Form located at www.dshs.state.tx.us/childabuscreporting as required by the Department. Contractor shall retain reporting documentation on site and make it available for inspection by DSHS. This section is in addition to and docs not supersede any other legal obligation of the Contractor to report child abuse. Section 11.02 Significant Incidents. In addition to notifying the appropriate authorities, Contractor shall report to the contract manager assigned to the Contract significant incidents involving substantial disruption of Contractor's program operation or affecting or potentially affecting the health, safety or welfare of Department funded clients or participants within 72 hours of discovery. Section 11.03 Litigation. Contractor shall notify the contract manager assigned to this Contract of litigation related to or affecting this Contract and to which Contractor is a party within seven calendar days of becoming aware of such a proceeding. This includes, but is not limited to an action, suit or proceeding before any court or governmental body, which includes but is not limited to environmental and civil rights matters, professional liability and employee litigation. Notification must include the names of the parties, nature of the litigation and remedy sought, including amount of damages, if any. Section 11.04 Contract or License Action Against the Contractor. Contractor shall notify thc contract manager assigned to the contract if Contractor has had any contract suspended or terminated for cause by any local, state or federal department or agency or nonprofit entity within three working days of the suspension or termination. Such notification must include the: a. Reason for such action; b. Name and contact information of the local, state or federal depanrnent or agency or entity; c. Date of thc contract; d. Datc of suspension or termination; and c. Contract or case reference number. If Contractor has surrendered its license or has had its license suspended or revoked by any local, stale or federal department or agency or non-profit entity, it shall disclose this information within three working days of the sun -ender, suspension or revocation to the contract manager assigned to the Contract by submitting a one- page description that includes the: a. Reason for such action; b. Name and contact information of the local, state or federal department or agency or entity; c. Date of the license action; and d. License or case reference number. Section 11.05 Insolvency. Contractor shall notify in writing thc contract manager assigned to the Contract of Contractor's insolvency, incapacity or outstanding unpaid obligations to the Internal Revenue Service (IRS) or Texas Workforce Commission (TWC) within three working days of the date of determination that Contractor is insolvent or incapacitated or the date Contractor discovered an unpaid obligation to the IRS or TWC. The Contractor shall also notify in writing the contract manager assigned of its plan to seek bankruptcy protection within three working days of such action by Contractor. Section 11.06 Performance Malfeasance. Contractor shall rcport to the contract manager assigned to the Contract any knowledge of debarment, suspected fraud or unlawful activity related to performance under this Contract. Contractor shall make such report no later than three working days from the date that Contractor has General Provisions (September 1, 2015) — Applicable to Local Health Departments Only 14 knowledge or reason to believe such activity has taken place. Additionally, if this Contract is federally funded by the Department of Health and Human Services (HHS), Contractor shall report any credible evidence that a principal, employee, subcontractor or agent of Contractor, or any other person, has submitted a false claim under the False Claims Act (31 U.S.C. §§3729-3733) or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving those funds. Contractor shall make this report to the SAO at http:4sao.fraud.state.tx.us, and to thc HHS Office of Inspector General at http://www.oig.hhs.gov fraud/hotline no later than three working days from thc date that Contractor has knowledge or reason to believe such activity has taken place. Section 11.07 Criminal Activity and Disciplinary Action. a. Contractor affirms that Contract nor any no person who has an ownership or controlling interest in the organization or who is an agent or managing employee of the organization has been placed on community supervision, received deferred adjudication, is presently indicted for or has been convicted of a criminal offense related to any financial matter, federal or state program or felony sex crime. b. Contractor shall report in writing thc contract manager assigned to the Contract, no later than three working days from the date that Contractor has knowledge or reason to bclicvc such activity has taken place, if it has reason to bclicvc Contractor, or a person with ownership or controlling interest in the organization or who is an agent or managing employcc of the organization, an employee or volunteer of Contractor, or a subcontractor providing services under this Contract has engaged in any activity that: L. Would constitute a criminal offense equal to or greater than a Class A misdemeanor; 2. Reasonably would constitute grounds for disciplinary action by a state or federal regulatory authority; c. Has bccn placed on community supervision, received deferred adjudication, or been indicted for or convicted of a criminal offense relating to involvement in any financial matter, federal or state program or felony sex crime. Contractor shall not permit any person who engaged, or was alleged to have engaged, in any activity subject to reporting under this section to perform direct client services or have direct contact with clients, unless otherwise directed in writing by DSHS. Section 11.08 Retaliation Prohibited. Contractor shall not retaliate against any person who reports a violation of, or cooperates with an investigation regarding, any applicable law, rule, regulation or standard to the Department, another state agency, or any federal, state or local law enforcement official. Section 11.09 Documentation. Contractor shall maintain appropriate documentation of all notices and reporting to DSHS as required under these General Provisions or this Contract. ARTICLE XII ASSURANCES AND CERTIFICATIONS Section 12.01 Certification. Contractor certifies by execution of this Contract to the following and will include such in all of its subcontracts: a. It is not disqualified under 2 CFR § 376.935 or ineligible for participation in federal or state assistance programs; b. Neither it, nor its principals, arc presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal or state department or agency in accordance with 2 CFR Parts 376 and 180 (paras A -I), 45 CFR. Part 76 (or comparable federal regulations); General Provisions (September 1, 2015) — Applicable to Local Health Departments Only 15 c. It has not knowingly failed to pay a single substantial debt or a number of outstanding debts to a federal or state agency; d. It is not subject to an outstanding judgment in a suit against Contractor for collection of the balance of a debt; c. It is in good standing with all state and/or federal agencies that have a contracting or regulatory relationship with Contractor, f. That no person who has an ownership or controlling interest in Contractor or who is an agent or managing cmployec of Contractor has been convicted of a criminal offense related to involvement in any program established under Medicare, Medicaid, or a federal block grant; g. Neither it, nor its principals have within the three year period preceding this Contract, has been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a private or public (federal, state or local) transaction or contract under a private or public transaction, violation of federal or state antitrust statutes (including those proscribing price-fixing between competitors, allocation of customers between competitors and bid -rigging), or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or false claims, tax evasion, obstruction of justice, receiving stolen property or any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of Contactor or its principals; h. Neither it, nor its principals is presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, stale or local) with the commission of any of the offenses in subsection (g) above; and i. Neither it, nor its principals within a three year period preceding this Contract has had one or more public transaction (federal, state or local) terminated for cause or default. Where Contractor is unable to certify to any of the statements in this Article, Contractor shall submit an explanation to the contract manager assigned to the Contract. Also, if Contractor's status with respect to the items certified in this Article changes during the term of this Contract, Contractor shall immediately notify the contract manager assigned to the Contract. Section 12.02 Child Support Delinquencies. As required by Texas Family Code § 231.006, a child support obligor who is more than 30 calendar days delinquent in paying child support and a business entity in which the obligor is a sole proprietor, partner, shareholder or owner with an ownership interest of at least 25°o is not eligible to receive payments from state funds under a contract to provide property materials, or services or receive a state - funded grant or loan. If applicable, Contractor shall maintain its eligibility to receive payments under this Contract, certifies that it is not ineligible to receive the payments specified in this Contract and acknowledges that this Contract may be terminated and payment may be withheld if this certification is inaccurate. Section 12.03 Authorization. Contractor certifies that it possesses legal authority to contract for the services described in this Contract and if applicable, a resolution, motion or similar action has been duly adopted or passed as an official act of Contractor's governing body, authorizing the binding of the organization under this Contract including all understandings and assurances contained in this Contract, and directing and authorizing the person identified as the authorized representative of Contractor to act in connection with this Contract and to provide such additional information as may be required. Section 12.04 Gifts and Benefits Prohibited. Contractor certifies that it has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, present or future employment, gift, loan, gratuity, special discount, trip, favor, service or anything of monetary value to a DSHS or HHSC official or employee in connection with this Contract. Section 12.05 Ineligibility to Receive the Contract. General Provisions (September 1, 2015) Applicable to Local Health Departments Only 16 a. Pursuant to Texas Government Codc § 2155.004 and federal law, Contractor is ineligible to enter into this Contract with the Department if this Contract includes financial participation by a person who received compensation from DSHS to participate in developing, drafting or preparing the specifications, requirements, statement of work or Solicitation Document on which this Contract is based. Contractor certifies that neither Contractor nor its employees nor anyone acting for Contractor has received compensation from DSHS for participation in the developing, drafting or preparation of specifications, requirements or statements of work for this Contract or in the Solicitation Document associated with this Contract. b. Pursuant to Texas Government Code §§ 2155.006 and 2261.053, Contractor is ineligible to enter into this Contract, if Contractor or any person who would have financial participation in this Contract has been convicted of violating federal law or been assessed a federal civil or administrative penalty, in connection with a contract awarded by the federal government for relief, recovery or reconstruction efforts as a result of Hurricanes Rita or Katrina or any other disaster occurring after September 24, 2005. c. Contractor certifies that the individual or business entity named in this Contract is not ineligible to receive the specified Contract under Texas Government Code §§ 2155.004, 2155.006 or 2261.053 and acknowledges that this Contract may be terminated and payment withheld if these certifications are inaccurate. Section 12.06 Antitrust. Pursuant to 15 USC Sec. 1, et seq., and Texas Business & Commerce Codc § 15.01, et seq. Contractor certifies that neither Contractor nor anyone acting for Contractor has violated the antitrust laws of this state or federal antitrust laws nor communicated directly or indirectly regarding a bid made to any competitor or any other person engaged in Contractor's line of business for the purpose of substantially lessening competition in such line of business. ARTICLE XIII GENERAL BUSINESS OPERATIONS OF CONTRACTOR Section 13.01 Program Site. Contractor shall provide services only in locations that arc in compliance with all applicable local, state and federal zoning, building, hcalth, fire and safety standards. Section 13.02 Historically Underutilized Businesses (HUBs). If Contractor was not required to submit a HUB subcontracting plan and if subcontracting is permitted under this Contract, Contractor is encouraged to make a good faith effort to consider subcontracting with HUBs in accordance with Texas Government Code Chapter 2161 and 34 TAC § 20.14 et seq. Contractors may obtain a list of HUBS at http:?Iwww.windowsstate.tx.uslprocurementiprogfhub. If Contractor has filed a HUB subcontracting plan, the plan is incorporated by reference in this Contract. If Contractor desires to make a change in the plan, Contractor must obtain prior approval of the revised plan from the Department's HUB Coordinator before proposed changes shall be effective under this Contract. Contractor shall make a good faith effort to subcontract with HUBs during the performance of this Contract and shall report HUB subcontract activity to the Department's HUB Coordinator by the 15th day of each month for the prior month's activity, if there was any such activity in accordance with 34 TAC § 20.16(c). Section 13.03 Buy Texas. Contractor shall purchase products and materials produced in Texas when the products and materials are available at a price and time comparable to products and materials produced outside of Texas as required by Texas Government Codc § 2155.4441. Section 13.04 Status of Subcontractors. Contractor shall require that all subcontractors certify that they General Provisions (September I, 2015) 17 are/have: a. In good standing with all state and federal funding and regulatory agencies; b. Not currently debarred, suspended or otherwise excluded from participation in federal grant programs; c. Not delinquent on any repayment agreements; d. Not had a required license or certification revoked; e. Not ineligible undcr the following sections of these General Provisions: ineligibility to Receive the Contract (Assurances and Certifications Article) or the Conflict of Interest or Transactions Between Related Parties sections (General Terms Article); and f. Not had a contract terminated by the Department. Contractors shall further require that subcontractors certify that thcy have not voluntarily surrendered within the past three years any license issued by the Department. Section 13.05 Independent Contractor. Contractor is an independent contractor. Contractor shall direct and be responsible for the performance of its employees, subcontractors, joint venture participants or agents. Contractor is not an agent or employee of the Department or the State of Texas for any purpose whatsoever. For purposes of this Contract, Contractor acknowledges that its employees, subcontractors, joint venture participants or agents shall not be eligible for unemployment compensation from the Department or thc State of Texas. Section 13.06 Tax Liability. Contractor shall comply with all state and federal tax laws and is solely responsible for filing ail required state and federal tax forms and making all tax payments. If the Department discovers that Contractor has a liability or has failed to remain current on a delinquent liability to the IRS, this Contract shall be subject to remedies and sanctions under this Contract, including immediate termination at the Department's discretion. If the Contract is terminated under this section, thc Department shall not enter into a contract with Contractor for three years from the date of termination. Section 13.07 Notice of Organizational Change. Contractor shall submit written notice to thc contract manager assigned to the Contract within 10 business days of any change to Contractor's name, contact information, key personnel, organizational structure, such as merger, acquisition or change in form of business, legal standing or authority to do business in Texas. A change in Contractor's name and certain changes in organizational structure require an amendment to this Contract in accordance with the amendment provisions in Article XIII. Section 13.08 No Endorsement. Other than stating the fact that Contractor has a contract with DSHS, Contractor and its subcontractors arc prohibited from publicizing the contractual relationship between Contractor and DSHS and from using the Department's name, logo or website link in any manner that is intended or that could be perceived as an endorsement or sponsorship by DSHS or the State of Texas of Contractor's organization, program, services or product, without the express written consent of DSHS. Section 13.09 E -Verify System. By entering into this Contract, thc Contractor certifies and ensures that it utilizes and will continue to utilize, for the term of this Contract, the U.S. Department of Homeland Security's E - Verify system to determine the eligibility of: a. All persons employed to perform duties within Texas, during the term of the Contract; and b. All persons (including subcontractors) assigned by the Contractor to perform work pursuant to the Contract, within the United States of America. ARTICLE XIV GENERAL TERMS Section 14.01 Assignment. Contractor shall not transfer, assign, or sell its interest, in whole or in part, in this General Provisions (September 1, 2015) 18 Contract without the prior written consent of the Department. Section 14.02 Lobbying. a. Contractor shall comply with Texas Government Code § 556.0055, which prohibits contractors who receive state funds from using those funds to pay lobbying expenses. Further, Contractor shall not use funds paid under this Contract, either directly or indirectly, to support the enactment, repeal, modification, or adoption of any law, regulation or policy at any level of government, or to pay the salary or expenses of any person related to any activity designed to influence legislation, regulation, policy or appropriations pending before Congress or the state legislature, or for influencing or attempting to influence an officer or employee of any federal or state 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 contract or the extension, continuation, renewal, amendment, or modification of any contract (31 USC § 1352). b. If at any time this Contract exceeds S100,000 of federal funds, Contractor shall file with the contract manager assigned to the Contract a declaration containing the name of any registrant under thc Lobbying Disclosure Act of 1995 who has made lobbying contacts on behalf of Contractor in connection with this Contract, a certification that none of the funds provided by Department have been or shall be used for payment to lobbyists, and disclosure of the names of any and all registered lobbyists with whom Contractor has an agreement. c. Contractor shall file the declaration, certification, and disclosure: 1. At thc time of application for this Contract; 2. Upon execution of this Contract unless Contractor previously filed a declaration, certification, or disclosure form in connection with the award; and 3. At the end of each calendar quarter in which any event occurs that materially affects the accuracy of thc information contained in any declaration, certification, or disclosure previously filed. Contractor shall require any person who requests or receives a subcontract to file thc same declaration, certification, and disclosure with the contract manager assigned to thc Contract. Contractor shall include this provision in any subcontracts. Section 14.03 Conflict of Interest. Contractor represents to the Department that it and its subcontractors, if any, do not have, nor shall Contractor or its subcontractors knowingly acquire or retain any financial or other interest that would conflict in any manner with the performance of their obligations under this Contract. Potential conflicts of interest include, but are not limited to, an existing or potential business or personal relationship between Contractor (or subcontractor), its principal (or a mcmbcr of the principal's immediate family) or any affiliate or subcontractor and Department or HHSC, their commissioners, officers or employees, or any other entity or person involved in any way in any project that is thc subject of this Contract. Contractor shall establish safeguards to prohibit employees and subcontractors and their employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. If, at any time during the term of this Contract, Contractor or any of its subcontractors has a conflict of interest or potential conflict of interest, Contractor shall disclose the actual or potential conflict of interest to the contract manager assigned to the Contract within 10 days of when Contractor becomes aware of the existence of the actual or potential conflict of interest. Contractor shall require each of its subcontractors to report to Contractor any conflict of interest or potential conflict of interest the subcontractor has or may have within 10 days of when the subcontractor becomes aware of the actual or potential conflict of interest. General Provisions (September 1, 2015) 19 Section 14.04 Transactions Between Related Parties. Contractor shall identify and report to DSHS any transaction between Contractor and a related party that is part of the work that the Department is purchasing under this Contract before entering into the transaction or immediately upon discovery. A related party is a person or entity related to Contractor by blood or marriage, common ownership or any association that permits tither to significantly influence or direct thc actions or policies of the other. Contractor, for purposes of reporting transactions between related parties, includes the entity contracting with the Department under this Contract as well as the chief executive officer, chief financial officer and program director of Contractor. Contractor shall submit to the contract manager assigned to the Contract the name, address and telephone number of the related party, how the party is related to Contractor and the work the related party shall perform undcr this Contract. Contractor shall comply with Texas Government Codc Chapter 573. Contractor shall maintain records and supply any additional information requested by the Department, regarding a transaction between related parties, needed to enable the Department to determine the appropriateness of the transaction pursuant to applicable state or federal law, regulations or circulars, which may include 45 CFR § 74.42. Section 14.05 Intellectual Property. a. Texas Health and Safety Code § 12.020 authorizes DSHS to protect intellectual property developed as a result of this Contract. "Intellectual property" is created property that may be protected under copyright, patent, or trademark/service mark law. b. For purposes of this Contract, intellectual property prepared for DSHS use, or a work specially ordered or commissioned through a contract for DSHS use is a "work made for hire." DSHS owns works made for hire unless it agrees otherwise by contract. To thc extent that title and interest to any such work may not, by operation of law, vest in DSHS, or such work may not be considered a work made for hire, Contractor irrevocably assigns the rights, title and interest therein to DSHS. c. DSHS has the right to obtain and hold in its name any and all patents, copyrights, registrations or other such protections as may be appropriate to the subject matter, and any extensions and renewals thereof. Contractor shall give DSHS and the State of Texas, as well as any person designated by DSHS and the State of Texas, all assistance required to perfect the rights defined herein without charge or expense beyond those amounts payable to Contractor for goods provided or services rendered under this Contract. If federal funds arc used to finance activities supported by this Contract that result in the production of intellectual property, the federal awarding agency reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise usc, and to authorize others to use, for federal government purposes: 1. Copyright in any intellectual property developed under this Contract including any subcontract; and 2. Any rights of copyright to which a Contractor purchases ownership with contract funds. d. Any rights of copyright, service or trademarks or patents to which a grantee, subgrantee or a Contractor purchases ownership with contract funds General Provisions (September 1, 2015) 20 c. If the results of the contract performance arc subject to copyright law, Contractor cannot publish those results without prior review and approval of DSHS. Contractor shall submit requests for review and approval to the contract manager assigned to the Contract. Section 14.06 Other Intangible Property. At the conclusion of the contractual relationship between Department and Contractor, for any reason, Department shall have the sole ownership rights and interest in all non -copyrightable intangible property that was developed, produced or obtained by Contractor as a specific requirement under this Contract or under any grant that funds this Contract, such as domain names, URLs or software licenses with a value of 5500 or more. Contractor shall cooperate with Department and perform all actions necessary to transfer ownership of such property to the Department or its designee, or otherwise affirm Department's ownership rights and interest in such property. This provision shall survive the termination or expiration of this Contract. Section 14.07 Severability and Ambiguity. If any provision of this Contract is construed to be illegal or invalid, the illegal or invalid provision shall be deemed stricken and deleted to the same extent and effect as if never incorporated, but all other provisions shall continue. The Parties represent and agree that the language contained in this Contract is to be construed as jointly drafted, proposed and accepted. Section 14.08 Legal Notice. Except as otherwise provided in this Contract or General Provisions, any notice required or permitted to be given by the provisions of this Contract or General Provisions shall be deemed to have been received by a Party on thc third business day after the date on which it was mailed to the Party at the address specified by the Party to the other Party in writing or, if sent by certified mail, on the date of receipt. Section 14.09 Successors. This Contract shall be binding upon the Parties and their successors and assignees, except as expressly provided in this Contract. Section 14.10 Survivability of Terms. Termination or expiration of this Contract or a Contract for any reason shall not release either party from any liabilities or obligations in this Contract that thc parties have expressly agreed shall survive any such termination or expiration or remain to be performed, including but not limited to maintaining confidentiality of information and records retention. Section 14.11 Customer Service Information. If requested, Contractor shall supply such information as required by the Department to comply with the provisions of Texas Government Code Chapter 2114 regarding Customer Service surveys. Section 14.12 Amendment. All amendments to this Contract must be in writing and agreed to by both Parties. If a Contractor requests an amendment, it must be submitted in writing and include a justification for the request, to the contract manager assigned to the Contract. Section 14.13 Contractor's Notification of Change of Contact Person or Key Personnel. Within ten calendar days shall notify in writing the contract manager assigned to the Contract of any change enumerated in the Contractor's Contact Personnel or Key Personnel, if included in their response to a solicitation document. Section 14.14 Unilateral Amendment. The Department reserves the right to amend this Contract through execution of a unilateral amendment signed by the contract manager for this Contract and provided to the Contractor with ten days notice prior to execution of the amendment under the following circumstances to: a. Correct an obvious clerical error in this Contract; b. Incorporate new or revised federal or state laws, regulations, rules or policies; and General Provisions (September 1, 2015) 21 c. Change the name of the Contractor in order to reflect the Contractor's name as recorded by the Texas Secretary of State. Section 14.15 Interim Extension Amendment. a. Prior to or on the expiration date of this Contract, the Parties agree that this Contract can be extended as provided under this Section. b. DSHS/HHSC shall provide written notice of interim extension amendment to the Contractor under one of the following circumstances: 1. Continue provision of services in response to a disaster declared by the governor; or 2. To ensure that services are provided to clients without interruption. c. DSHS will provide written notice of the intcrim extension amendment that specifics the reason for it and period of time for the extension. d. Contractor will provide and invoice for services in the same manner that is stated in the Contract. c. An interim extension under Section (b)(l) above shall extend the term of thc contract not longer than 30 days after governor's disaster declaration is declared unless thc Parties agree to a shorter period of time. f. An intcrim extension under Section (b)(2) above shall be a one-time extension for a period of time determined by HHS/DSHS. Section 14.16 Immunity Not Waived. THE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF THIS CONTRACT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY DEPARTMENT OR THE STATE OF TEXAS OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY THAT DEPARTMENT OR THE STATE OF TEXAS MAY HAVE BY OPERATION OF LAW. Section 14.17 Hold Harmless and Indemnification. Contractor, as an independent contractor, agrees to hold Department, the State of Texas, individual state employees and officers, and the federal government harmless and to indemnify them from any and all liability, suits, claims, losses, damages and judgments, and to pay all costs, fees, and damages to the extent that such costs, fees, and damages arise from performance or nonperformance of Contractor, its employees, subcontractors, joint venture participants or agents under this Contract. Section 14.18 Waiver. Acceptance by either Party of partial performance or failure to complain of any action, non -action or default under this Contract shall not constitute a waiver of either party's rights under this Contract. Section 14.19 Electronic and Information Resources Accessibility and Security Standards. a. Applicability. The following Electronic and Information Resources (EIR) requirements apply to the Contract because the Contractor performs services that include EIR that DSHS employees are required or permitted to access or members of the public are required or permitted to access. This Section does not apply to incidental uses of EER in the performance of the Agreement, unless the Parties agree that the EIR will become property of the State of Texas or will he used by HHSC's clients or recipients after completion of the Agreement. General Provisions (September 1, 2015) 22 Nothing in this section is intended to prescribe the use of particular designs or technologies or to prevent the use of alternative technologies, provided they result in substantially equivalent or greater access to and use of a Product. b. Definitions. For purposes of this Section: "Accessibility Standards" means accessibility standards and specifications for Texas agency and institution of higher education websites and EIR set forth in 1 TAC Chapter 206 and/or Chapter 213. "Electronic and Information Resources" means information resources, including information resources technologies, and any equipment or interconnected system of equipment that is used in the creation, conversion, duplication, or delivery of data or information. The term includes telephones and other telecommunications products, information kiosks, transaction machines, Internet websites, multimedia resources, and office equipment, including copy machines and fax machines. "Electronic and Information Resources Accessibility Standards" means the accessibility standards for electronic and information resources contained in 1 Texas Administrative Code Chapter 213. "Product" means information resources technology that is, or is related to, EIR. "Web Site Accessibility Standards/ Specifications" means standards contained in Volume 1 Tex. Admin. Code Chapter 206(c) Accessibility Requirements. Under Tex. Gov't Code Chapter 2054, Subchapter M, and implementing rules of the Texas Department of Information Resources, DSHS must procure Products and services that comply with the Accessibility Standards when those Products are available in the commercial marketplace or when those Products are developed in response to a procurement solicitation. Accordingly, Contractor must provide electronic and information resources and associated Product documentation and technical support that comply with the Accessibility Standards. c. Evaluation, Testing, and Monitoring. 1. DSHS may review, test, evaluate and monitor Contractor's Products and services, as well as associated documentation and technical support for compliance with the Accessibility Standards. Review, testing, evaluation and monitoring may be conducted before and alter the award of a contract. Testing and monitoring may include user acceptance testing. Neither the rcvicw, testing (including acceptance testing), evaluation or monitoring of any Product or service, nor the absence of review, testing, evaluation or monitoring, will result in a waiver of the State's right to contest the Contractor's assertion of compliance with the Accessibility Standards. Contractor agrees to cooperate fully and provide DSHS and its representatives timely access to Products, records, and other items and information needed to conduct such review, evaluation, testing, and monitoring. d. Representations and Warranties. 1. Contractor represents and warrants that: 1 As of the Effective Date attic Contract, the Products and associated documentation and technical support comply with the Accessibility Standards as they exist at the time of entering the Agreement, unless and to the extent the Panics otherwise expressly agree in writing; and General Provisions (September 1, 2015) 23 2. ii. If the Products will be in the custody of the state or a DSHS client or recipient after the Contract expiration or termination, the Products will continue to comply with Accessibility Standards alter the expiration or termination of the Contract Term, unless DSHS or its clients or recipients, as applicable, use the Products in a manner that renders it noncompliant. In the event Contractor becomes aware, or is notified that the Product or service and associated documentation and technical support do not comply with the Accessibility Standards, Contractor represents and warrants that it will, in a timely manner and at no cost to DSHS, perform all necessary steps to satisfy the Accessibility Standards, including remediation, replacement, and upgrading of the Product or service, or providing a suitable substitute 3. Contractor acknowledges and agrees that these representations and warranties are essential inducements on which DSHS relies in awarding this Contract. 4. Contractor's representations and warranties under this subsection will survive the termination or expiration of the Contract and will remain in full force and effect throughout the useful life of the Product. c. Remedies. 1. Under Tex. Gov't Codc § 2054.465, neither the Contractor nor any other person has cause of action against DSHS for a claim of a failure to comply with Tex. Gov't Code Chapter 2054, Subchapter M, and rules of the Department of Information Resources. 2. In the event of a breach of Contractor's representations and warranties, Contractor will be liable for direct, consequential, indirect, special, or liquidated damages and any other remedies to which DSHS may be entitled under this Contract and other applicable law. This remedy is cumulative of any other remedies to which DSHS may be entitled under this Contract and other applicable law. Section 14.20 Force Majeure. Neither Party shall be liable for any failure or delay in performing all or some of its obligations, as applicable, under this Contract if such failure or delay is duc to any cause beyond the reasonable control of such Party, including, but not limited to, extraordinarily severe weather, strikes, natural disasters, fire, civil disturbance, epidemic, war, court order or acts of God. The existence of any such cause of delay or failure shall extend the period of performance in the exercise of reasonable diligence until after the cause of the delay or failure no longer exists and, if applicable, for any reasonable period of time thereafter required to resume performance. A Party, within a period of time reasonable under the circumstances, must inform the other party as soon as practicable. This Party must also submit written notice with proof of receipt of the existence of a force majcure event or otherwise waive the right as a defense to non-performance. Section 14.21 Cooperation and Communication. Contractor shall cooperate with Department staff and as applicable, other DSHS contractors and shall promptly comply with requests from DSHS for information or responses to DSHS inquiries concerning Contractor's duties or responsibilities under this Contract. Section 14.22 Insurance. Contractor shall acquire and maintain for thc duration of this Contract, insurance and with financially sound and reputable insurers licensed by the Texas Department of Insurance, in the type and amount customarily carried within the Contractor's industry or profession. Contractor must submit evidence of insurance as required under this Contract, including if requested a schedule of coverage or "underwriter's schedules" establishing to the satisfaction of DSHS the nature and extent of coverage granted by each such policy upon request by DSHS. In thc event that any policy is determined to be deficient to comply with the terms of this Contract, Contractor shall General Provisions (September 1, 2015) 24 secure such additional policies or coverage as DSHS may reasonably request or that are required by law or regulation. ARTICLE XV BREACH OF CONTRACT AND REMEDIES FOR NON-COMPLIANCE Section 15.01 Actions Constituting Breach of Contract. Actions or inactions that constitute breach of contract include, but are not limited to, the following: a. Failure to properly provide the services and/or goods purchased under this Contract; b. Failure to comply with any provision of this Contract including failure to comply with all applicable statutes, rules or regulations; c. Failure to pay refunds or penalties owed to the Department; d. Failure to comply with a repayment agreement with Department or agreed order issued by the Department; c. Discovery of a material misrepresentation in any aspect of Contractor's application or response to the Solicitation Document; f. Any misrepresentation in the assurances and certifications in Contractor's application or response to the Solicitation Document or in this Contract; or g. Contractor is on or is added to the Excluded Parties List System (EPLS). Section 15.02 General Remedies and Sanctions. The remedies and sanctions in this section are available to the Department against Contractor and any entity that subcontracts with Contractor for provision of services or goods. Additionally, HHSC OIG may investigate, audit and impost or recommend imposition of remedies or sanctions to Department for any breach of this Contract. The Department may impost onc or more remedies or sanctions for each item of noncompliance and shall determine remedies or sanctions on a case-by-case basis if Contractor breaches this Contract by failing to comply with one or more of the terns of this Contract, including but not limited to compliance with applicable statutes, rules or regulations, the Department may take onc or more of the following actions: a. Terminate this Contract by one of means provided in Article XVII. If applicable, notify Contractor of the opportunity to request a hearing on the termination pursuant to Texas Government Code Chapter 2105 regarding administration of Block Grants; b. Suspend all or part of this Contract by notifying that the Contractor that DSHS is temporarily discontinue performance of all or a part of the Contract as provided for in Article XVII; as of the effective date of the suspension pending DSHS's determination to terminate, amend the Contract or permit the Contractor to resume performance. Contractor shall not bill DSHS for services performed during suspension, unless expressly authorized by the notice of suspension; c. Use as a basis to deny additional or enter into future contracts with Contractor; d. Temporarily withhold cash payments to Contractor for proper charges or pending resolution of issues of noncompliance with conditions of this Contract or indebtedness to the United States or to the State of Texas; c. Permanently withhold cash payments by retaining funds billed by Contractor; f. Request that Contractor be removed from the Centralized Master Bidders List (CMBL) or any other state bid list, and barred from participating in future contracting opportunities with the State of Texas; g. Declare this Contract void upon the Department's determination that this Contract was obtained Fraudulently, or was illegal or invalid from this Contract's inception and demand repayment of any funds under this Contract; General Provisions (September 1, 2015) • 25 h. Delay execution of a new contract or renewal with Contractor while other imposed or proposed sanctions are pending resolution; i. Demand repayment from Contractor when it has been verified that Contractor has been overpaid for reasons such as payments arc not supported by proper documentation or failure to comply with Contract terms; j. Pursue a claim for damages as a result of breach of contract; k. Require Contractor to prohibit any employee or volunteer of Contractor from performing under this Contract or having direct contact with DSHS-funded clients or participant, if the employee or volunteer has been indicted or convicted of the misuse of state or federal funds, fraud or illegal acts that arc in contraindication to continued obligations under this Contract, as reasonably determined by DSHS; 1. Withhold any payment to Contractor to satisfy any rccoupmcnt imposed by DSHS and take repayment from funds available under this Contract in amounts necessary to fulfill Contractor's payment or repayment obligations; m. Reduce the Contract term; n. Recoup improper payments when Contractor has been overpaid for reasons such as payments arc not supported by proper documentation, improper billing or failure to comply with Contract terms; and 0. Impose any other remedies, sanctions or penalties permitted by federal or state statute, law, regulation or rule. Section 15.03 Notice of Remedies or Sanctions. a. Department shall formally notify Contractor in writing when a remedy or sanction is imposed, stating the nature of the remedies and sanction, the reasons for imposing them, the corrective actions, if any, that must be taken before the actions shall be removed and the time allowed for completing the corrective actions, and the method, if any, of requesting reconsideration of the remedies or sanctions imposed. b. Other than in the case of repayment or rccoupmcnt, Contractor is required to file, within 15 calendar days of receipt of notice, a written response to Department acknowledging receipt of such notice. c. If requested by the Department, the written response must state how Contractor shall correct the noncompliance by agreeing to a corrective action plan or demonstrate in writing that the findings on which the remedies or sanctions arc based are either invalid or do not warrant the remedies or sanctions. If Department determines that a remedy or sanction is warranted, unless the remedy or sanction is subject to review under a federal or state statute, regulation, rule, or guideline, Department's decision is final. Department shall provide written notice to Contractor of Department's final decision. d. If required by the Department, Contractor shall submit a corrective action plan for DSHS approval and take corrective action as stated in the plan approved by DSHS. If DSHS determines that repayment is warranted, DSHS shall issue a demand letter to Contractor for repayment. If full repayment is not received within the time limit stated in the demand letter, and if rccoupmcnt is available, DSHS shall recoup the amount due to DSHS from funds otherwise due to Contractor under this Contract. Section 15.04 Emergency Action. In an emergency, Department may immediately terminate or suspend all or part of this Contract, temporarily or permanently withhold cash payments, deny future contract awards, or delay contract execution by delivering written notice to Contractor, by any verifiable method, stating the reason for the emergency action. An "emergency" is defined as Contractor is noncompliant and the noncompliance has a direct adverse effect on the public or client health, welfare or safety. The direct adverse effect may be programmatic and may include failing to provide services; providing inadequate services; or providing unnecessary services. General Provisions (September 1, 2015) 26 Whether Contractor's conduct or noncompliance k an emergency will be determined by Department on a case- by-case basis and will be based upon the nature of the noncompliance or conduct. ARTICLE XVI CLAIMS AGAINST THE DEPARTMENT -NOTICE OF DISPUTE Section 16.0I Breach of Contract Claim. The process for a breach of contract claim against the DSHS provided for in Texas Government Code Chapter 2260 and implemented in the rules at 25 TAC §§4.l 1-4.24 or as amended by DSHS, shall be used by DSHS and Contractor to attempt to resolve any breach of contract claim against DSHS. Section 16.02 Notice. Contractor's claims for breach of this Contract that the Panics cannot resolve in the ordinary course of business must be submitted to the negotiation process provided in Chapter 2260 and 25 TAC or as amended. To initiate the process, Contractor shall submit written notice, as required by Subchapter B, to DSHS Office of General Counsel. The notice must specifically state that the provisions of Chapter 2260 arc being invoked and comply with all the requirements in this Chapter and TAC. A copy of the notice must also be given to all other representatives of DSHS and Contractor. Section 16.03 Performance Not Suspended. Neither thc occurrence of an event nor the pendency of a notice of claim filed by the Contractor constitutes grounds for the suspension in whole or part of performance by Contractor. ARTICLE XVII TERMINATION AND TEMPORARY SUSPENSION Section 17.01 Expiration of Contract or Program Attachments. a. Except as provided in the Survivability of Terms section of the General Terms Article, Contractor's service obligations stated in each Contract or Program Attachment shall end upon the expiration date of that Contract or Program Attachment unless extended or renewed by written amendment. b. Prior to completion of the term of all Contracts or Program Attachments, all or a part of this Contract may be terminated with or without cause under this Article and in thc Contract. c. A Program Attachment's term cannot extend past the Contract term in its associated Contract. Section 17.02 Effect of Termination or Expiration. a. Upon termination of this Contract or Program Attachment, as applicable, Contractor shall cooperate with DSHS to the fullest extent possible to ensure the orderly and safe transfer of responsibilities under this Contract or Program Attachment, as applicable to DSHS or another entity designated by DSHS. b. Upon termination of all or part of this Contract, Department and Contractor shall be discharged from any further obligation created under the applicable terms of this Contract or Program Attachment, as applicable, except for the equitable settlement of thc respective accrued interests or obligations incurred prior to termination and for Contractor's duty to cooperate with DSHS and, except as provided in the Survivability of Terms section of the General Tcrrns Article. c. Termination does not, however, constitute a waiver of any remedies for breach of this Contract. Section 17.03 Termination or Temporary Suspension Without Cause. General Provisions (September 1, 2015) 27 a. Either Party may terminate this Contract or Program Attachment, as applicable with at least 30 calendar days prior written notice to the nontcrninating Party. b. If Contractor seeks to terminate a Contract that involves residential client services, Contractor shall give the Department at least 90 calendar days prior written notice and shall submit a transition plan to ensure client services are not disrupted. c. The Parties can agree to terminate by mutual agreement. DSHS may temporarily suspend or terminate this Contract or Program Attachment, as applicable if funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or HHSC agencies, amendments to the Appropriations Act, health and human scrviccs consolidations or any other disruption of current appropriated funding for this Contractor Program Attachment. Contractor shall be notified in writing of any termination or temporary suspension and of any cessation of temporary suspension. Upon notification of temporary suspension, Contractor will discontinue performance under the Contract as of the effective date of the suspension for the duration of the suspension. Section 17.04 Immediate Termination. Department may immediately terminate this Contract or Program Attachment, as applicable, when, in the sole determination of Department, termination is in the best interest of the State of Texas. Section 17.05 Termination For Cause. Department may terminate this Contract, in whole or in part, for breach of contract by providing 10 calendar days written notice to Contractor. Section 17.06 Notice of Termination. Either Party may deliver written notice of intent to terminate by any verifiable method. Notice of termination is effective when it is received by the non -terminating party. ARTICLE XVIII VOID, SUSPENDED AND TERMINATED CONTRACTS Section 18.01 Void Contracts. Department may void this Contract upon determination that the award was obtained fraudulently or was otherwise illegal or invalid from hs inception. Section 18.02 Effect of Void, Suspended, or Involuntarily Terminated Contract. A Contractor who has been a party to a contract with DSHS that has been found to be void, is suspended or is terminated for cause is not eligible for any renewal or increase of funding for an existing contract or new contracts or renewals until in the case of suspension or termination the Department has determined that Contractor has satisfactorily resolved the issues underlying the suspension or termination. Additionally, if this Contract is found to be void any amount paid to the Contractor is subject to recoupment by DSHS. Section 18.03 Appeals Rights for DSHS Funded Block Grants. Pursuant to Texas Government Code § 2105.302, after receiving notice from the Department of termination of a contract with DSHS funded by block grant funds, Contractor may request an administrative hearing under Texas Government Code Chapter 2001. ARTICLE XIX CLOSEOUT Section 19.01 Cessation of Services at Closeout. Upon expiration or termination of this Contract or Program Attachment, as applicable, Contractor shall stop providing services or the delivery of goods under this Contract and if necessary, shall cooperate with DSHS to the fullest extent possible to ensure the orderly and safe transfer of responsibilities under this Contract to DSHS or another entity designated by DSHS. General Provisions (September 1, 2015) 28 Contractor shall not bill DSHS for services performed or goods delivered after termination or expiration of Contract or Program Attachment. Upon termination or expiration of this Contract or Program Attachment, Contractor shall immediately initiate Closeout activities described in this Article. Section 19.02 Administrative Offset. The Department has the right to administratively offset amounts owcd by Contractor against any invoice submitted for payment. Section 19.03 Deadline for Closeout. Contractor shall submit all performance, and other Closeout reports required under this Contract within 45 calendar days atter the Contract or Program Attachment, if applicable, has terminated. Section 19.04 Payment of Refunds. Any funds paid to Contractor in excess of the amount to which Contractor is 3inaIly determined to be entitled under thc terms of this Contract constitute a debt to the Department and shall result in a refund due, which Contractor shall pay within thc time period established by the Department. Section 19.05 Disallowances and Adjustments. The Closeout of this Contract or Program Attachment does not affect the Department's right to recover funds on the basis of a later audit or other review or Contractor's obligation to return any funds due as a result of later refunds, corrections or other transactions. General Provisions (September 1, 2015) 29 ARTICLE XX ARTICLE XXI Section 21.01 Section 21.02 Section 21.03 Section 21.04 Section 21.05 Section 21.06 Section 21.07 2016 FEDERAL GRANT S(JBRECIPIENT ADDITIONAL PROVISIONS DSHS GENERAL PROVISIONS . iohe ohe A ado id 4 ••-k 31 PROGRAM OPERATIONS 31 Client Financial Eligibility. .—. Contracts with Subrecipient and Vendor Subcontractors. ......... _ ...... ........ _ .. ......... 31 Incorporation of -terms in Subrecipienl Subcontracts. — 31 Quality Management . . Poi Fri .1-1444-14, .. hi 4414 31 Contractor's Notification orCh tinge la Certain Contract Provisions. Responsibilities and Retstrictions Concerning Governing Bad), Officers and Employees, - 32 Direct Operation. ... „ „ „ ARTICLE XXII PROGRAM EQUIPMENT AND SUPPLIES , Section 22.01 Section 22.02 Section 22.03 Section 2204 Section 22.05 Equipment. .4•F 4 4 32 33 .33 33 EquipmentList. .............................. .............. ....re.. • se Lee. ....... •• .............. Le ia ...... a a mono. ao o 33 Supplies Property Inventory and Protection of Assets - Assets as Collateral Prohibited.. 34 34 . 34 ARTICLE XXIII PROGRAM FUNDS AND PAYMENTS a ....... oalka aqam, . ... aa. ...... . k . 34 Section 23.01 Section 23.02 Section 23.03 Section 23.04 Section 23.05 Section 23.06 Section 23.07 Section 23.08 Section 23.09 Section 23.10 Use or Funds. Use For Match Prohibited. he 4.1-141-1 Program Income. — Nonsupplanting Payment Methods. Financial Status Reports (FSRs). 1,1 —34 34 oklo 1-1-1-14.14 ilor 9 4 41.3 5 Working Capital Advance. Condition Precedent to Requesting Payment. ......_ ....... ..... ........ ... Management and Control Systems. Effect of Grant Close Out. General Provisions (September 1, 2015) 35 ..35 ..36 4.1-1-e to 36 30 ARTICLE XXIV ALLOWABLE COSTS AND AUDIT REQUIREMENTS 36 Section 24.01 Allowable Costs. 36 Section 24.02 Property Acquisitions. 37 Section 24.03 Cost Allocation Plan 38 Section 24.04 Overtime Compensation 38 Section 24.05 Independent Single or Program -Specific Audit..........................................38 Section 24.06 Submission of Audit 39 ARTICLE XXV INSURANCE AND BONDS ,,,,. .... , .... ,-- .. .. ....... ----...... ... -- -- .., r 14-1,44.1.1-44 39 Section 25.01 Insurance 39 Section 25.02 Fidelity Bond 40 Section 25.03 Liability Coverage. 40 ARTICLE XXVI TERMINATION, BANKRUPTCY AND CLOSEOUT 40 Section 26.01 Final Budget. .. I* • •1. 1-1 4 PP .... 1-P, .4.14-14.4 .4 PPP-6,1414PP. P 1-1-14-1-14.4 4.1+,4 40 Section 26.02 Bankruptcy 40 Section 26.03 Tllle to Property 41 Section 26.04 Disposition or Property 41 Section 26.05 Closeout of Equipment. 41 ARTICLE XXVII NON-EXCLUSIVE LIST OF APPLICABLE LAWS 41 General Provisions (September 1, 2015) 31 ARTICLE XX DSHS GENERAL PROVISIONS In addition to the terms and conditions in the Department of State Health Services (DSHS or Department) FY 2016 General Provisions (General Provisions), Contractor agrees to comply with these 2016 Federal Grant Subrecipient Additional Provisions. ARTICLE XXI PROGRAM OPERATIONS Section 21.01 Client Financial Eligibility. Where applicable, Contractor shall use financial eligibility criteria, financial assessment procedures and standards developed by the Department to determine client eligibility. Section 21.02 Contracts with Subrecipient and Vendor Subcontractors. a. Contractor may enter into contracts with subrccipicnt subcontractors unless restricted or otherwise prohibited in thc Contract or Program Attachment(s). b. Prior to entering into a subrccipicnt agreement equaling or exceeding S100,000, Contractor shall obtain writtcn approval from DSHS. c. Contractor shall establish written policies and procedures for competitive procurement and monitoring of subcontracts and shall produce a subcontracting monitoring plan. d. Contractor shall monitor subrccipicnt subcontractors for both financial and programmatic performance and shall maintain pertinent rccords that must be available for inspection by DSHS. c. Contractor shall ensure that subcontractors arc fully aware of the requirements placed upon them by state/federal statutes, rules, and regulations and by the provisions of this Contract. f. Contracts with all subcontractors, whether vendor or subrecipient, must be in writing and include the following: 1. Name and address of all parties and the subcontractor's Vendor Identification Number (VIN) or Employee Identification Number (EIN); 2. Detailed description of the services to be provided; 3. Measurable method and rate of payment and total not -to -exceed amount of the contract; 4. Clearly defined and executable termination clause; and 5. Beginning and ending dates that coincide with thc dates of the Contract. g• Contractor is responsible to DSHS for the performance of any subcontractor. h. Contractor shall not contract with a subcontractor, at any tier, that is debarred, suspended, or excluded from or ineligible for participation in federal assistance programs or if the subcontractor would be ineligible under the Sections 12.05, 14.03 and 14.04 of the General Provisions. Section 21.03 Incorporation of Terms in Subrecipient Subcontracts. a. Contractor shall include in all its contracts with subrccipicnt subcontractors and solicitations for subrccipient subcontracts, without modification (except as required to make applicable to the subcontractor): 1. Assurances and Certifications in Article XII of thc General Provisions; 2. Sections 14.03 and 14.04 of the General Provisions; and Subrecipient General Provisions (September 1, 2015) 31 3. A provision granting to DSHS, SAO, OIG, and the Comptroller General of the United States, and any of their representatives, the right of access to inspect the work and the premises on which any work is performed, and the right to audit the subcontractor in accordance with Article X of the General Provisions; b. Each subrecipient subcontract contract must also include a copy of these General Provisions and a copy of the Statement of Work and any other provisions in the Program Attachment(s) applicable to the subcontract. c. Contractor shall ensure that all written agreements with subrccipicnt subcontractors incorporate the terms of this Contract so that all terms, conditions, provisions, requirements, duties and liabilities under this Contract applicable to the services provided or activities conducted by a subcontractor arc passed down to that subcontractor. d No provision of this Contract creates privity of contract between DSHS and any subcontractor of Contractor. c. If a subcontractor is unable to certify (or status changes during contract term) to any of the statements in Sections 14.03 and 14.04, or any of the certifications stated in Article XII of thc General Provisions, Contractor shall submit an explanation to the contract manager assigned to the Contract. Section 21.04 Quality Management. Contractor shall comply with quality management requirements as directed by the Department. Section 21.05 Contractor's Notification of Change to Certain Contract Provisions. The following changes may be made to this Contract without a writtcn amendment or the Department's prior approval: a. Cumulative budget transfers that do not exceed 250.0 among direct cost categories, other than the equipment category, of Tess than S 100,000, provided that the total budget amount is unchanged (This subsection does not apply to contracts funded by funding sources that have different percentage requirements); and b. Change in Contractor's share of the budget concerning non-DSHS funding other than program income and match, regardless of the amount of thc change, provided that in changing thc budget, Contractor is not supplanting DSHS funds. Contractor within ten calendar days shall notify in writing thc contract manager assigned to the Program Attachment of any change enumerated in this section, but the contract will not be amended. Section 21.06 Responsibilities and Restrictions Concerning Governing Body, Officers and Employees. a. Contractor and its governing body shall bear full responsibility for the integrity of the fiscal and programmatic management of the organization. This provision applies to all organizations, including Section 501(c) (3) organizations as defined in the Internal Revenue Service Code as not- for-profit organizations. b. Each member of Contractor's governing body shall be accountable for all funds and materials received from Department. The responsibility of Contractor's governing body shall also include accountability for compliance with Department Rules, policies, procedures, and applicable federal and state laws and regulations; and correction of fiscal and program deficiencies identified through Subrecipient General Provisions (September 1, 2015) 32 self-evaluation and Department's monitoring processes. Contractor's governing body shall ensure separation of powers, duties, and functions of governing body members and staff. c. No member of Contractor's governing body, or officer or employee of Contractor shall vote for, confirm or act to influence the employment, compensation or change in status of any person related within the second degree of affinity or the third degree of consanguinity (as defined in Texas Government Code Chaptcr 573) to the member of the governing body or the officer or any employee authorized to employ or supervise such person, This prohibition does not prohibit thc continued employment of a person who has been continuously employed for a period of two years prior to the election, appointment or employment of thc officer, employee, or governing body member related to such person in the prohibited degree. These restrictions also apply to the governing body, officers and employees of Contractor's subcontractors. Section 21.07 Direct Operation. At thc Department's discretion, the Department may temporarily assumc operations of a Contractor's program or programs funded under this Contract when the continued operation of the program by Contractor puts at risk the health or safety of clients and/or participants served by Contractor. ARTICLE XXII PROGRAM EQUIPMENT AND SUPPLIES Section 22.01 Equipment. Equipment means tangible personal property having a useful lifetime of more than one year and a per-unit acquisition cost that exceeds the lesser of the capitalization level established by the of S5,000 or more. Contractors shall inventory all equipment, and report the inventory on the Contractors Property Inventory Form. Contractor shall initiate the purchase of all equipment approved in writing by DSHS, in the first quarter of the Contract or Program Attachment term, as applicable. Failure to timely initiate the purchase of equipment may result in the loss of availability of funds for the purchase of equipment. Requests to purchase previously approved equipment after the first quarter in the Program Attachment must be submitted to the contract manager assigned to this Contract. Section 22.02 Equipment List. a. All items of equipment to be purchased with funds under this Contract must be itemized in Contractor's equipment list as finally approved by the Department in the executed Contract. The equipment list must include: 1. Description of the property; 2. Serial number or other identification number; 3. Source of funding for the property (including the Federal Assistance identification Number); 4, Who holds title, 5. Acquisition date and cost of thc property; 6. Percentage of Federal participation in the project costs for the Federal award under which the property was acquired; 7. Location use and condition of the property; and 8. Any ultimate disposition data including the date of disposal and sale price of property. Any changes to the approved equipment list in the executed Contract must be approved in writing by Department prior to the purchase of equipment. b. Contractor shall submit to the contract manager assigned to this Contact, a written description including complete product specifications and need justification prior to purchasing any item of Subrecipient General Provisions (September I, 2015) 33 unapproved equipment. if approved, Department will acknowledge its approval by means of a written amendment. Section 22.03 Supplies. a. Supplies arc defined as consumable items necessary to carry out the services under this Contract including medical supplies, drugs, janitorial supplies, office supplies, patient educational supplies, software, and any items of tangible personal property other than those defined as cquipmcnt above. b. Tangible personal property includes controlled assets, including firearms, regardless of the acquisition cost, and the following assets with an acquisition cost of 5500 or more, but less than 55,000, which includes desktop and laptop computers (including notebooks, tablets and similar devices), non-portable printers and copiers, emergency management cquipmcnt, communication devices and systems, medical and laboratory equipment, and media equipment arc also considered Supplies. c. Prior approval by DSHS of the purchase of Controlled Assets is not required, but such purchases must be reported on the Contractors Property Inventory Form as detailed under Section 22.04. Section 22.04 Property Inventory and Protection of Assets. Contractor shall maintain an inventory of equipment, supplies defined as controlled assets, and property described in Section 14.06 of the General Provisions and submit an annual cumulative report of the cquipmcnt and other property on Contractor's Property Inventory Report to the Department's Contract Oversight and Support Section, Mail Code 1326, P.O. Box 149347, Austin, Texas 78714-9347, no later than October 15th of each ycar. The report is located on the DSHS website at: httn:. www.dshsstatc.tx.us[contractslforms.shtm. Contractor shall maintain, repair, and protect assets under this Contract to assure their full availability and usefulness. If Contractor is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the assets provided or obtained undcr this Contract, Contractor shall use the proceeds to repair or replace those assets. Section 22.05 Assets as Collateral Prohibited. Contractors on a cost reimbursement payment method shall not encumber equipment purchased with Department funds without prior written approval from the Department. ARTICLE XXIII PROGRAM FUNDS AND PAYMENTS Section 23.01 Use of Funds. Contractor shall expend Department funds only for the provision of approved services and for reasonable and allowable expenses directly related to those services. Section 23.02 Use for Match Prohibited. Contractor shall not use funds provided through this Contract for matching purposes in securing other funding unless directed or approved by the Department in writing. Subrecipient General Provisions (September 1, 2015) 34 Section 23.03 Program Income. a. Gross income directly generated from Department funds through a project or activity performed under a Contract and/or carred only as a result of this Contract during its term is considered program income. b. Unless otherwise required under the terms of the grant funding this Contract, Contractor shall use the addition alternative, as provided in the Uniform Grant Management Standards, for the use of program income to further the program objectives of the state or federal statute that provided the authority of this Contract or its Program Attachment, and Contractor shall spend the program income on the same Project Attachment or Statement of Work project under which it was generated. c. Contractor shall identify and report this income in accordance with Article IX of these General Provisions and the provisions in the Contract or its Program Attachment(s). d. Contractor shall expend program income during the Program Attachment tcrm and may not carry forward to any succeeding term. Contractor shall refund program income not expended in thc term in which it is earned to DSHS. e. DSHS may bast future funding levels, in part, upon Contractor's proficiency in identifying, billing, collecting, and reporting program income, and in using it for the purposes and under the conditions specified in this Contract. Section 23.04 Nonsupplanting. Contractor shall not use funds from this Contract to replace or substitute existing funding from other sources that also supports the activities that arc thc subject of this Contract but rather shall use funds from this Contract to supplement existing state or local funds currently available for a particular activity. Contractor shall make a good faith effort to maintain its current level of support. Contractor may be required to submit documentation substantiating that a reduction in state or local funding, if any, resulted for reasons other than receipt or expected receipt of funding under this Contract. Section 23.05 Payment Methods. Section 5.01 of thc General Provisions is replaced with thc following: Except as otherwise provided by the provisions of this Contract or its Program Attachment(s), the payment method for it will be cost reimbursement. This payment method is based on an approved budget in this Contract or its Program Attachmcnt(s) and acceptable submission of a request for reimbursement. Section 23.06 Financial Status Reports (FSRs). Except as otherwise provided in these General Provisions or in the terms of Contracts, if a contract has a categorical budget, Contractor shall submit quarterly FSRs to Accounts Payable by the last business day of thc month following the end of each quarter of the Contract term for Department review and financial assessment. Contractor shall submit the final FSR no later than 45 calendar days following the end of the Contract term. Section 23.07 Working Capital Advance. If necessary, if allowed by law, and if permitted at DSHS sole discretion, Contractor's requests for an advance of funds shall be limited to the minimum amount needed for effective accomplishment of the Project under this Contract, and shall be timcd as closely as possible to actual cash requirements. Contractor Subrecipient General Provisions (September 1, 2015) 35 shall establish procedures to minimize thc time elapsing between the transfer of funds from DSHS to Contractor, and shall cnsurc that such funds are disbursed as soon as administratively possible. Section 23.08 Condition Precedent to Requesting Payment. Contractor shall disburse program income, rebates, refunds, contract settlements, audit recoveries, and interest carred on such funds before requesting cash payments including any advance payments from Department. Section 23.09 Management and Control Systems. a. Contractor shall maintain an appropriate contract administration system to cnsurc that all terms, conditions, and specifications are met during the term of the contract through the completion of the closeout procedures. b. Contractor shall develop, implement, and maintain financial management and control systems that meet or exceed the requirements of UGMS. Those requirements and procedures include, at a minimum, the following: 1. Financial planning, including thc development of budgets that adequately reflect all functions and resources necessary to carry out authorized activities and thc adequate determination of costs; 2. Financial management systems that include accurate accounting records that arc accessible and identify the source and application of funds provided under each Program Attachment of this Contract, and original source documentation substantiating that costs are specifically and solely allocable to a Contract and its Program Attachment and arc tractable from thc transaction to the general ledger; 3. Effective internal and budgetary controls; 4. Comparison of actual costs to budget; determination of reasonableness, allowableness, and allocability of costs; 5. Timely and appropriate audits and resolution of any findings; 6. Billing and collection policies; and 7. Mechanism capable of billing and making reasonable efforts to collect from clients and third parties. Section 23.10 Effect of Grant Close Out. Contractor must submit all requests for reimbursement prior to the date of the closure of the grant. DSHS may reject any request for reimbursement submitted after closure of the grant. ARTICLE XXIV ALLOWABLE COSTS AND AUDIT REQUIREMENTS Section 24.01 Allowable Costs. a. Except as provided by Section 23.06, DSHS will reimburse Contractor for services satisfactorily performed, and sufficiently documented for allowable costs. b. Contractor must have incurred a cost prior to claiming reimbursement and within the applicable term to be eligible for reimbursement under this Contract. c. DSHS will determine whether costs submitted by Contractor arc allowable and eligible for reimbursement. Subrecipient General Provisions (September 1, 2015) 36 d. If DSHS has paid funds to Contractor for unallowable or ineligible costs, DSHS will notify Contractor in writing, and Contractor shall return the funds to DSHS within 30 calendar days of the date of this written notice. c. DSHS may withhold all or part of any payments to Contractor to offset reimbursement for any unallowable or ineligible expenditures that Contractor has not refunded to DSHS, or if financial status report(s) are not submitted by the due datc(s). DSHS may take repayment (recoup) from funds available under this Contract in amounts necessary to fulfill Contractor's repayment obligations. Applicable Cost principles, Audit requirements and Administrative Requirements Applicable Entity Applicable Cost Principles Audit Requirements Administrative Requirements State, Local and Tribal Governments OMB Circular A-87 (2 CFR, Part 225) OMB Circular A-133 and UGMS UGMS, OMB Circular A-102, and applicable Federal awarding agency common rule Educational Institutions OMB Circular A-21 (2 CFR, Part 220) OMB Circular A-133 OMB Circular A-1 10 (2 CFR, Part 215) and applicable Federal awarding agency common rule; and UGMS, as applicable Non -Profit Organizations OMB Circular A-122 (2 CFR, Part 230) OMB Circular A-133 and UGMS UGMS; OMB Circular A-110 (2 CFR, Part 215) and applicable Federal awarding agency common rule For-profit Organization other than a hospital and an organization named in OMB Circular A-122 (2 CFR Part, 230) as not subject to that circular. 48 CFR Part 31, Contract Cost Principles Procedures, or uniform cost accounting standards that comply with cost principles acceptable to the federal or state awarding agency OMB Circular A- 133 and UGMS UGMS and applicable Federal awarding agency common rule A chart of applicable Federal awarding agency common rules is located through a weblink on the DSHS website at http:,r'www,dshs.state.tx.us/contractsilinks.shtm OMB Circulars will be applied with the modifications prescribed by UGMS with effect given to whichever provision imposes the more stringent requirement in the event of a conflict. The Contract will specify appropriate grant guidance. Section 24.02 Property Acquisitions. Department funds must not be used to purchase buildings or real property. Any costs related to the initial acquisition of the buildings or real property arc not allowable, Subrecipient General Provisions (September 1, 2015) 37 Section 24.03 Cost Allocation Plan. a. Contractor shall implement and follow the applicable Cost Allocation Plan. b. Contractor shall submit a Cost Allocation Plan on the format provided by DSHS to the Department's Contract Oversight and Support Section, at Mail Code 1326, P.O. Box 149347, Austin, Texas 78714-9347, or by email to: coscapedshs.statc.tx,us no Iatcr than the 60th calendar day after the effective date of the Contract, except when a Contractor has a current Cost Allocation Plan on file with the Department. If Contractor's plan is the same as the plan previously submitted to DSHS, by signing this Contract, Contractor certifies that its current Cost Allocation Plan for the current year is the same as the plan previously submitted. c. If the Cost Allocation Plan changes during the Contract term, Contractor shall submit a new Cost Allocation Plan to the Contract Oversight and Support Section within 30 calendar days after the effective date of the change. Section 24.04 Overtime Compensation. Except as provided in this section, Contractor shall be responsible for any obligations of premium overtime pay due employees. Premium overtime pay is defined as any compensation paid to an individual in addition to the employee's normal rate of pay for hours worked in excess of normal working hours. Funds provided under this Contract may be used to pay the premium portion of overtime only under the following conditions: a. With the prior written approval of DSHS; b. Temporarily, in the case of an emergency or an occasional operational bottleneck; c. When employees are performing indirect functions, such as administration, maintenance, or accounting; d. In performance of tests, laboratory procedures, or similar operations that are continuous in nature and cannot reasonably be interrupted or otherwise completed; or c. When lower overall cost to DSHS will result. Section 24.05 Independent Single or Program -Specific Audit. a. if Contractor within Contractor's fiscal year expends a total amount of at least $750,000 in federal funds awarded, Contractor shall have a single audit or program -specific audit in accordance with the 2 CFR § 200.501. The S750,000 federal threshold amount includes federal funds passed through by way of state agency awards. b. if Contractor within Contractor's fiscal year expends a total amount of at least S500,000 in state funds awarded, Contractor must have a single audit or program -specific audit in accordance with UGMS, State of Texas Single Audit Circular. c. For-profit Contractors whose expenditures meet or exceed the federal and/or state expenditure thresholds stated above shall follow the guidelines in 2 CFR § 200.501 or UGMS, as applicable, for their program -specific audits. d. The HHSC Office of Inspector General (01G) will notify Contractor to complete the Single Audit Status Registration Form. e. If Contractor fails to complete the Single Audit Status Form within 30 calendar days after notification by OIG to do so, Contractor shall be subject to DSHS sanctions and remedies for non- compliance with this Contract. Subrecipient General Provisions (September 1, 2015) 38 f. The audit must be conducted by an indcpcndcnt certified public accountant and in accordance with applicable OMB Circulars, Government Auditing Standards, and UGMS, which is accessible through a web link on the DSHS website at http: www.dshs.state.tx.us contracts links.shtm g. Contractor shall procure audit services in compliance with this section, state procurement procedures, as well as with the provisions of UGMS. Contractor, unless Contractor is a state governmental entity, shall competitively re -procure independent single audit services at least every six years. Section 24.06 Submission or Audit. Within thirty (30) calendar days of rcccipt of the audit reports required by the independent Single or Program- Specific Audit section, Contractor shall submit one copy to the Department's Contract Oversight and Support Section, and one copy to the OIG, at the following addresses: Department of State Health Services Contract Oversight and Support, Mail Code 1326 P.O. Box 149347 Austin, Texas 78714-9347 Health and Human Services Commission Office of Inspector General Compliancc/Audit, Mad Code 1326 P.O. Box 85200 Austin, Texas 78708-5200 Electronic submission to DSHS should be addressed as follows: COSContractAdministration a dshs.statc.tx.us Electronic submission to HHSC should be addressed as follows: Quccnah.Tcamah r(r�hhsc.statc.tx.us If Contractor fails to submit the audit report as required by the Independent Single or Program -Specific Audit section within thirty (30) calendar days of rcccipt by Contractor of an audit report, Contractor shall be subject to DSHS sanctions and remedies for non-compliance with this Contract. ARTICLE XXV INSURANCE AND BONDS Section 25.01 Insurance. In addition to the Insurance provision in Section 14.22 of the General Provisions, Contractor shall maintain insurance or other means of repairing or replacing assets purchased with Department funds. Contractor shall rcpair or replace with comparable equipment any such equipment not covered by insurance that is lost, stolen, damaged or destroyed. If any insured equipment purchased with DSHS funds is lost, stolen, damaged or destroyed, Contractor shall notify the contract manager assigned to this Contract within 5 business days of learning of the loss, to obtain instructions whether to submit and pursue an insurance claim. Contractor shall use any insurance proceeds to repair the equipment or replace the equipment with comparable equipment or remit the insurance proceeds to DSHS. Subrecipient General Provisions (September I, 2015) 39 Section 25.02 Fidelity Bond. a. For the benefit of DSHS, Contractor is required to carry a fidelity bond or insurance coverage equal to the amount of funding provided under this Contract up to S 100,000 that covers each employee of Contractor handling funds under this Contract, including person(s) authorizing payment of such funds. b. The fidelity bond or insurance must provide for indemnification of losses occasioned by any fraudulent or dishonest act or acts committed by any of Contractor's employees, either individually or in concert with others, and/or failure of Contractor or any of its employees to perform faithfully his/her duties or to account properly for all monies and property received by virtue of his/her position or employment. The bond or insurance acquired under this section must include coverage for third party property. c. Contractor shall notify, and obtain prior approval from, the DSHS Contract Oversight and Support Section before settling a claim on the fidelity bond or insurance. Section 25.03 Liability Coverage. For thc benefit of DSHS, Contractor shall at all times maintain liability insurance coverage, referred to in Tex. Gov. Code § 2261.102, as "director and officer liability coverage" or similar coverage for all persons in management or governing positions within Contractor's organization or with management or govcming authority over Contractor's organization (collectively "responsible persons"). This section applies to entities that are organized as non-profit corporations undcr the Texas Non -Profit Corporation Act; for-profit corporations organized under thc Texas Business Corporations Act; and any other legal entity. Contractor shall maintain copies of liability policies on site for inspection by DSHS and shall submit copies of policies to DSHS upon request. Contractor shall maintain liability insurance coverage in an amount not less than the total value of this Contract and that is sufficient to protect the interests of Department in the event an actionable act or omission by a responsible person damages Department's interests. Contractor shall notify, and obtain prior approval from, thc DSHS Contract Oversight and Support Section before settling a claim on the insurance. ARTICLE XXVI TERMINATION, BANKRUPTCY AND CLOSEOUT Section 26.01 Final Budget Contractor shall submit an actual Budget to DSHS no later than sixty (60) days after the contract termination date or at the conclusion of all contract activities, whichever occurs first. The Budget shall be in a format prescribed by DSHS and shall be accompanied by a report of all activities performed undcr this Contract. Section 26.02 Bankruptcy. In thc event of bankruptcy, Contractor shall sever Department property, equipment, and supplies in possession of Contractor from the bankruptcy, and title must revert to Department. If directed by DSHS, Contractor shall return all such property, equipment and supplies to DSHS. Contractor shall ensure that its subcontracts, if any, contain a specific provision requiring that in the event the subcontractor's bankruptcy, the subcontractor must sever Department property, equipment, and supplies in possession of the subcontractor from the bankruptcy, and title must revert to Department, who may require that the property, equipment and supplies be returned to DSHS. Subrecipient General Provisions (September 1, 2015) 40 Section 26.03 Title to Property. At the expiration or termination of this Contact for any reason, tide to any remaining equipment and supplies purchased with funds under this Contract reverts to Department. Title may be transferred to any other party designated by Department. The Department may, at its option and to the extent allowed by law, transfer the reversionary interest to such property to Contractor. Section 26.04 Disposition of Property. a. Contractor shall follow the procedures in the American Hospital Association's (AHA) "Estimated Useful Lives of Depreciable Hospital Assets" in disposing, at any time during or after the Contract term, of equipment purchased with the Department funds, except when federal or state statutory requirements supersede or when the equipment requires licensure or registration by the state, or when thc acquisition price of the equipment is equal to or greater than $5,000. b. All other equipment not listed in the AHA reference (other than cquipmcnt that requires licensure or registration or that has an acquisition cost equal to or greater than S5,000) will be controlled by the requirements of UGMS. c. If, prior to the end of the useful life, any item of cquipmcnt is no longer needed to perform services under this Contract, or becomes inoperable, or if the equipment requires licensure or registration or had an acquisition price equal to or greater than S5,000, Contractor shall request disposition approval and instructions in writing from the contract manager assigned to this Contract. d. After an item reaches the end of its useful lift, Contractor shall ensure that disposition of any cquipmcnt is in accordance with Generally Accepted Accounting Principles, and any applicable federal guidance. Section 26.05 Closeout of Equipment. At the end of the term of a Contract that has no additional renewals or that will not be renewed (Closeout), or when a Contract is otherwise terminated, Contractor shall submit to the contract manager assigned to this, an inventory of cquipmcnt purchased with Department funds and request disposition instructions for such cquipmcnt. All cquipmcnt purchased with Department funds must be secured by Contractor at the time of Closeout, or termination of this Contract, and must be disposed of according to thc Department's disposition instructions, which may include return of the equipment to DSHS or transfer of possession to another DSHS contractor, at Contractor's expense. ARTICLE XXVII NON-EXCLUSIVE LIST OF APPLICABLE LAWS Where applicable, federal statutes and regulations, including federal grant requirements applicable to funding sources, will apply to this Contract. Contractor agrees to comply with applicable laws, executive orders, regulations and policies, as well as Office of Management and Budget (OMB) Circulars (as codified in Title 2 of the Code of Federal Regulations), the Uniform Grant and Contract Management Act of 1981 (UGMA), Tcx. Gov. Code Chapter 783, and Uniform Grant Management Standards (UGMS), as revised by federal circulars and incorporated in UGMS by the Comptroller of Public Accounts, Texas Procurement and Support Services Division. UGMA and UGMS can be located through web links on the DSHS website at http:/lwww.dshs.state.tx.uslcontracts,links.shtm. Subrecipient General Provisions (September 1, 2015) 41 Contractor also shall comply with all applicable federal and state assurances contained in the Uniform Grant Management Standards. If applicable, Contractor shall comply with the Federal awarding agency's Common Rule, and thc U.S. HcaIth and Human Services Grants Policy Statement, both of which may be located through web links on thc DSHS website at http:rrwww.dshs.state.tx.uslcontracts/links.shtm For contracts funded by block grants, Contractor shall comply with Tex. Gov. Code Chapter 2105. Subrecipient General Provisions (September 1, 2015) 4? AGENDA MEMORANDUM First Reading Item for the City Council Meeting of May 10, 2016 Second Reading Item for the City Council Meeting of May 17, 2016 DATE: April 19, 2016 TO: Ronald L. Olson, City Manager THRU: Mark Van Vleck, P. E., Assistant City Manager of Public Works and Utilities markvv@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 Services Ayers Street Pedestrian Improvements and Turn Lane Addition BOND 2014 Proposition 2 Ordinance appropriating $80,000 of anticipated revenues from the Regional Transportation Authority (RTA); changing the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to increase revenues and expenditures by $80,000; Authorizing the City Manager, or designee, to execute an Interlocal Agreement with the RTA; authorizing the City Manager, or designee, to execute an engineering design contract with Lockwood, Andrews and Newnam, Inc. of Corpus Christi, Texas in the amount of $513,625.00 for the Ayers Street Pedestrian Improvements and Turn Lane Addition from S.P.I.D to Gollihar project (Bond 2014 Proposition 2). PURPOSE: The purpose of this Agenda Item is to obtain authority to execute an engineering design contract for the Ayers Street Pedestrian Improvements and Turn Lane Addition project. (Bond 2014 Prop 2) and the Interlocal Agreement with the Regional Transit Authority. BACKGROUND AND FINDINGS: This project was approved in the Bond 2014 Proposition 2 Street Safety, Revitalization and Capacity Improvement Project in November 2014. Bond 2014 Brochure description: "Ayers Street — Pedestrian Improvements and Turn Lane Addition (SPID to Gollihar) —This project will add pedestrian routes to this section of Ayers Street as well as adding turn lane at the intersections of Ayers with Mansheim and Sunnybrook." This project will address pedestrian and vehicular traffic safety improvements along the Ayers corridor from SPID to Gollihar Road that include: • Improved right turn movements at Mansheim and Sunnybrook streets. • New ADA compliant sidewalks, ramps and crosswalks. • Pavement widening for continuous center turn -lane and left hand turn lanes. • Improved parking and access. • New curb and gutter on both sides and curb inlets with new underground drainage and grading of existing roadside ditches. • Waterline improvements and new fire hydrants. • RTA concrete bus pads. • New signage and pavement markings. The proposed Interlocal Agreement provides for joint City/RTA participation to extend the project limits from Gollihar to Port Avenue to connect new sidewalks to the existing RTA Transfer Station. The scope includes approximately 1000LF of new 5ft wide sidewalks and ADA ramps. RTA participation is in the amount of $80,000. The City participation is to provide the design, construction, inspection and administration for the new sidewalks. The City will request reimbursement from the RTA on a monthly basis during construction. The additional sidewalks provide is an essential element of the pedestrian and vehicular mobility in the area that was not included in the Bond project. ALTERNATIVES: 1. Authorize execution of an engineering design contract. 2. Do not authorize execution of an engineering design contract. (Not Recommended) OTHER CONSIDERATIONS: Lockwood, Andrews and Newnam, Inc. (LAN) was selected as the design engineer under RFQ 2014-08. 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 $49,900 $4,312,600 $4,362,500 Ordinance - This Item 80,000 80,000 Revised Budget $49,900 $4,392,600 $4,442,500 Encumbered/Expensed 49,900 0.00 49,900 This item $513,625 $513,625 Future Anticipated Expenditures This Project TBD TBD BALANCE $0.00 $3,614,584 $3,614,584 Fund(s): ST 17 Comments: Project scope and cost estimates will be developed and finalized through the design process within available funds. RECOMMENDATION: City staff recommends this engineering design contract with Lockwood, Andrews and Newnam, Inc. in the amount of $513,625.00 for the Ayers Street Pedestrian Improvements and Turn Lane Bond 2014 Proposition 2 project. LIST OF SUPPORTING DOCUMENTS: Project Budget Ordinance Location Map Contract Presentation PROJECT BUDGET ESTIMATE Ayers Street Pedestrian Improvements and Turn Lane Addition E15106 BOND 2014 PROJECT FUNDS AVAILABLE: Bond 2014 Proposition 2 $ 2,000,000.00 Utilities 2,362,500.00 Regional Transportation Authority 80,000.00 TOTAL 4,442,500.00 FUNDS REQUIRED: Construction: * Construction (preliminary estimate) TBD Contingency (10%) TBD Construction Inspection and Testing: Construction Inspection (estimate) TBD Construction Materials Testing (TBD) TBD Design: Engineering (Lockwood, Andrews & Newnam) Preliminary Design 49,900.00 Engineering (Lockwood, Andrews & Newnam) Final Design 513,625.00 Geotechnical Study and Testing (TBD) 60,000.00 Reimbursements: Reimbursement Total 157,487.50 Contract Administration (Engineering/Finance/Capital Budget) 66,637.50 Engineering Services (Project Mgt / Constr Mgt) 88,850.00 Misc. (Printing, Advertising, etc.) 2,000.00 Other: Staff Augmentation 46,904.00 TOTAL 827,916.50 * ESTIMATED PROJECT BUDGET BALANCE $ 3,614,583.50 * Project scope and cost estimates will be developed and finalized through the design process within available funds. Ordinance appropriating $80,000 of anticipated revenues from the Regional Transportation Authority (RTA); changing the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to increase revenues and expenditures by $80,000; Authorizing the City Manager, or designee, to execute an Interlocal Agreement with the RTA; authorizing the City Manager, or designee, to execute an engineering design contract with Lockwood, Andrews and Newnam, Inc. of Corpus Christi, Texas in the amount of $513,625.00 for the Ayers Street Pedestrian Improvements and Turn Lane Addition from S.P.I.D to Gollihar project, BOND 2014 Proposition 2. 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 add RTA anticipated revenues in the amount of $80,000 to the Ayers Street Pedestrian Improvements and Turn Lane Addition from S.P.I.D to Gollihar project, BOND 2014. SECTION 2. Revenues and expenditures in the amount of $80,000 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 an Interlocal Agreement with the RTA for pedestrian improvements on Ayers Street, from Gollihar Street to Port Avenue. SECTION 4. The City Manager or designee is authorized to execute an engineering design contract for Ayers Street Pedestrian Improvements and Turn Lane Addition from S.P.I.D. to Gollihar project (Bond 2014) with Lockwood, Andrews and Newnam Inc. of Corpus Christi, Texas. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the day of , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor X p W Baldwin Rivd c X0-4'0 O 'f 4/ /... U Home Rd PROJECT LOCATION U) N Gollihar Rd. mat d et Rd rIt Rr oio VICINITY MAP NOT TO SCALE 2 idea?' Rd ewsi South Padre Island Dr. Project Number: E15106 Ayers Street Pedestrian Improvements and Turn Lane Addition Bond 2014, Prop. 2 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI ENGINEERING DESIGN CONTRACT 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 Lockwood, Andrews & Newnam, Inc., a Texas corporation, 500 N. Shoreline Blvd., Suite 905, Garland, Nueces County, Texas 78401, (Consultant), hereby agree as follows: 1. SCOPE OF PROJECT Avers Street Pedestrian Improvements and Turn Lane Addition (SPID to Gollihar) (Proiect No. E15106) - This project will add pedestrian routes and ramps built to comply with Americans with Disabilities Act Standards to Ayers Street from SPID to Gollihar. Turn lanes will be included at the intersections of Ayers with Mansheim and Sunnybrook. Additional work will include storm drainage enhancements, pavement markings and minor utility work. 2. 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" and Exhibit "A-1", to complete the Project. Work will not begin on Additional Services until requested by the Consultant (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. 3. 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. 4. FEE The City will pay the Consultant a fee as described in Exhibit "A" for providing services authorized, a total fee not to exceed $513,625.00. Monthly invoices will be submitted in accordance with Exhibit "B". Contract for Professional Services Page 1 of 5 KIENGINEERING DATAEXCHANGEANGIEMISTREETE15106 AYERS STREET PEDESTRIAN IMPROVEMENTS AND TURN LANE ADDITIONIAMENDMENT 1 LAN116- 0311 AE AGREEMENT.DOC 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 Consultant agrees to comply with the insurance requirements in Exhibit C. 7. TERMINATION OF CONTRACT The City may terminate this contract for convenience upon seven days written notice to the Consultant at the address of record. The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. In the event of termination, 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. Contract for Professional Services Page 2 of 5 K:IENGINEERING DATAEXCHANGE1ANGIEMISTREETIE15106 AYERS STREET PEDESTRIAN IMPROVEMENTS AND TURN LANE ADDITIONIAMENDMENT 1 LAN116- 0311 AE AGREEMENT.DOC 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. 10.OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, inspection reports 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 For contracts that exceed $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of "interested parties" with respect to entities that enter contracts with cities. These interested parties include: Contract for Professional Services Page 3 of 5 K\ENGINEERING DATAEXCHANGEIANGIEMISTREET1E15106 AYERS STREET PEDESTRIAN IMPROVEMENTS AND TURN LANE ADDITION AMENDMENT 1 LAN116- 0311 AEAGREEMENT.DOC (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 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.cow/governmenticity-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 maybe 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. 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. Contract for Professional Services Page 4 of 5 K:IENGINEERING DATAEXCHANGE\ANGIEMISTREET\E15106 AYERS STREET PEDESTRIAN IMPROVEMENTS AND TURN LANE ADDITIONlAMENDMENT 1 LAW 6- 0311 AE AGREEMENT.DOC CITY OF CORPUS CHRISTI LOCKWOOD, ANDREWS & NEW AM, INC. J. H. Edmonds, P.E. Date Stev n A. Gilbreath, P.E. Date Director of Engineering Services Associate 500 N. Shoreline Blvd., Suite 905 Corpus Christi, Texas 78401 RECOMMENDED (361) 882-2257 Office Operating Department Date APPROVED AS TO LEGAL FORM Legal Department APPROVED Date Office of Management Date and Budget ATTEST Rebecca Huerta Date City Secretary Project No. E15106 Accounting Unit: 3551-051 Account: 550950 Activity: E15106013551EXP p,4 I, Account Category: 50950 `� Fund Name: Street CIP BOND 2014 Encumbrance No. Contract for Professional Services Page 5 of 5 KaENGINEERING DATAEXCHANGELANGIEMSSTREET\E15106 AYERS STREET PEDESTRIAN IMPROVEMENTS AND TURN LANE ADDITION\AMENDMENT 1 LAN 11E- 0311 AE AGREEMENT.DOC EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS AYERS STREET — PEDESTRIAN IMPROVEMENTS AND TURN LANE ADDITION (SPID TO GOLLIHAR) PROJECT NO., E15106 BOND 2014 PROPOSITION 2 I. SCOPE OF SERVICES As authorized and directed by the City, the NE has prepared a scoping document for this project under a separate contract. That document, known as the "Design Criteria Memorandum" (DCM) served to better define the scope -of -work anticipated for the project. The DCM included an Executive Summary; a description of the Project and its Purpose; Planning & Design Criteria; a summary of Existing Conditions; Recommendations for Design; and an Opinion of Probable Construction Costs. The recommendations for design that were outlined in the DCM included widening of Ayers on the west side of the street in order to meet the minimum requirements approved by the Bond 2014 voters and the Capital Improvement Program. In addition, the DCM included three optional alternatives for east side safety improvements. The scope -of -work described below includes the west side widening and one of the east side safety improvement options in the Basic Services section. A. BASIC SERVICES 1. Preliminary Phase. The ArchitectlEngineer--AIE (also referred to as Consultant) will: a) Participate in Project Kick-off Meeting; and will prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. b) Develop preliminary requirements for utility relocations replacements or upgrades. Coordinate with the City's Project Manager and identify operating departments' potential project needs. Identify electric and communication utility companies and private pipeline companies that may have existing facilities and which must be relocated to accommodate the proposed improvements. c) Pavement design based upon cross sections developed in the DCM and the results of geotechnical investigation (see additional services section). d) Develop a drainage area boundary map for drainage areas impacting the project. e) Conduct a hydrologic and hydraulic analysis to quantify storm water runoff affecting the project and to determine storm sewer sizing necessary to meet ONLY a 25 -year design capacity for proposed underground storm drainage systems. Include an analysis of street inlet capacity requirements. f) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. g) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, and construction and assist the City's Project Manager with coordination efforts with agencies such as the TDLR, RTA, CDBG, USPS, and affected school districts and community groups. h) Prepare an Engineering Letter Report that supplements and complements the data already provided in the DCM including: 1. 30% plans (plan view layouts). EXHIBIT "A" Page 1 of 10 Revised November 26. 2013 2. Summary results from hydrologic and hydraulic analysis. 3. Pavement design. 4. Utility rehabilitation/relocation plan. 5. 30% opinion of probable construction costs. 6. Anticipated index of drawings and specifications. i) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. j) Attend project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report. k) Assimilate City review comments of the Draft Engineering Letter Report and provide one (1) set of the Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. City staff will provide one set only of the following information (as applicable): a) City Control survey bench marks and coordinates. b) Preliminary Traffic Impact Assessment. The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and gilly for the intended purpose of this project. Any unauthorized use ordistributionof the records provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. b) Prepare construction documents in City standard format for the work identified in the approved ELR. Standard and technical specifications will be provided by the City — it is anticipated that there will be minimal editing required and that there will be no special technical specifications needed for the project. Should such editing or special or an excessive number of technical specifications be required, such work will warrant an additional services request from the Engineer. Construction plans will include improvements or modifications to the storm water and potable water systems within the project limits. Standard City of Corpus Christi detail sheets will be included as appropriate. c) Prepare construction plans in compliance with CPPSCF using English units on 11"x 17". 1. Prepare Traffic Control and Construction Sequencing Plans - the Engineer -provided TCP will be a limited effort in order to give the Contractor a general outline of the intent. The TCP will be a required contactor submittal to be provided for review prior to the commencement of construction activities. 2. Provide Storm Water Pollution Prevention Plan, including construction drawings. d) Fumish one (1) set of the interim plans (60% submittal - electronic and hard copies using City Standards as applicable) to the City staff for review and EXHIBIT "A" Page 2 of 10 Revised November26, 2013 approval purposes with an opinion of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive Summary. project checklist & drawing checklist" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. 2. Attend 60% submittal meeting with City Staff to assist staff in review of 60% submittal. e) Participate in project 60% review meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed, f) Provide one (1) set of the pre -final plans and bid documents (90% submittal - electronic and hard copy using City Standards as applicable) to the City staff for review and approval purposes with a revised opinion of probable construction costs. Plan executive summary, project checklist and plan checklist. g) Participate in project 90% review meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review comments, and incorporate any requirements into the plans and specifications, and advise City of responding and non -responding participants as appropriate and, upon Notice to Proceed, h) Provide one (1) set of the final (100%) plans (unsealed and unstamped - electronic and full-size hard copy using City Standards as applicable) for City's final review. A 100% review meeting will NOT be required. i) Assimilate all final review comments upon approval by the Director of Capital Programs, provide one (1) set of the final plans and contract documents (electronic and full-size hard copy using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual Property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. j) Provide Quality Assurance/Quality Control (QA/QC) measures to verify that all submittals of the interim, pre -final, and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the Director of Capital Programs or designee. Consultant has not adequately addressed City -provided review comments or provided submittals in accordance with City standards.. k) Prepare and submit Monthly Status Reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. See Exhibit "A-2" for required form. 1) Provide copy of contract documents to Texas Department of Ucensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements. The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. EXHIBIT "A" Page 3 of 10 Revised November 26, 2013 b) Provide the budget for the Project specifying the funds available for the construction contract. c) Provide electronic copy the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a) Prepare draft Authorization to Advertise (ATA). b) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacting the project. c) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. d) Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. e) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. f) In the event the lowest responsible bidder's bld exceeds the project budget as revised by the City in accordance with the A/E's design phase opinion of probable construction cost, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re -advertise that particular portion of the Project for bids. Ceu noil Meeting. (By City). The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. c) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase. The NE will perform construction administration to include the following: a) Participate In pre -construction meeting conference and provide a recommended agenda for critical construction activities and elements impacting the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. c) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract EXHIBIT "A" Page 4 of 10 Revised November 213. 2013 documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. Prepare change orders as authorized by the City; provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. Review, evaluate, and recommend for City consideration Contractor Value Engineering proposal. Attend final inspection with City staff; provide punch list items to the City's Construction Engineers for contractor completion of the project. Review Contractor -provided construction `red -line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. AU electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications/estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Capital Programs. AIE may not begin work on any services under this section without specific written authorization by the Director of Capital Programs. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Capital Programs as required. The NE shall, with written authorization by the Director of Capital Programs, perform the following: 1. Permit Preparation. Fumish the City all engineering data and documentation necessary for all required permits. The NE will prepare this documentation for all required signatures. The NE will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities including Texas Department of Licensing and Regulation (TDLR) to verify compliance with the Americans with Disabilities Act (ADA). 2. Right -of -Way (ROW) Acau ition Survey and Parcel Descriptions. Not applicable. EXHIBIT "A" Page 5 of 10 Revised November 26, 2013 easemeflts: f) 3. Topographic urvev. All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontalvertical control. c) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. — the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) AU control work will be established using conventional (non -GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil/pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, andlz coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third -parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. (Surveying services, related to subsurface engineering - "SUE", shall be provided as part of the scope of work for SUE). i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. I) Provide a preliminary base map containing apparent ROW, which will be used by the NE to develop the proposed alignment and its position relative to the existing EXHIBIT "A" Page 6 of 10 Revised November 26, 2013 and proposed ROW. This preliminary base map must show lot or property line, land ownership and addresses as per appraisal district records. m) The base map stated in item "I" shall be a continuous plan and profile alignment of the subject main street as well as the side streets. 4. Environmental Issues. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. - TBD 5. Public Involvement. Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare notices, PowerPoint presentations, handouts and exhibits for meetings. commontc. By City. Revise contract drawings to address citizen comments, as directed by the City. Prepare notices, handouts and exhibits for public information meetings. 6. Subsurface Utility Investigation - By City. lesatieas: Level C. EXHIBIT "A" Page 7 of 10 Revised November 26.2013 b) den. 7. Construction Observation Services. To Be Determined. 8. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (80) days prior to the end of the maintenance guaranty period. 9. Geotechnical Ennineerinci Services; By City. • the - EXHIBIT "A" Page 8 of 10 Revised November 26. 2013 lily-Design-Vehieles Provide the services above authorized In addition to those items shown on Exhibit "A-1" Task List, which provides supplemental description to Exhibit "A". Note: The Exhibit "A-1" Task List does not supersede Exhibit "A". 11. SCHEDULE Year Day Activity 2016 Mar 01 NTP 2016 Mar 05 City Traffic Data to A/E 2016 May 04 Draft ELR submittal 2016 May 18 City Review Complete 2016 Jun 16 Final ELR submittal 2016 Jul 27 60% Design Submittal 2016 Aug 11 City Review Complete 2016 Sep 22 90% Design Submittal 2016 Oct 05 City Review complete 2016 Nov 17 100% Submittal 2016 Nov 30 City Review Complete • 2016 Dec 21 Final Submittal 2017 Feb 09 Advertise for Bids 2017 Mar 06 Pre -Bid Conference 2017 Mar 20 Receive Bids 2017 May 03 Contract Award 2017 Jun 01 Begin Construction 2018 Jul 01 Complete Construction 111. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided, NE will submit monthly statements for services rendered. The statement will be based upon A/E's estimate (and with EXHIBIT "A" Page 9 of 10 Revised November 26, 2013 City's concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to NE's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Capital Programs under Section I.B. "Additional Services," the City will pay the NE a not -to -exceed fee as per the table below: Summary of Fees Basic Services Fees 1. Design Criteria Memo & Preliminary Phase $128,400 2. Design Phase $223,100 3. Bid Phase $12,100 4. Construction Administration Phase $46,800 Subtotal Basic Services Fees $410,400 Additional Services Fees (Allowance) 1. Permit Preparation* $12,000 2. ROW Acquisition Survey and Parcel Descriptions N/A 3. Topographic Survey* $71,875 4. Environmental Issues* $5,750 5. Public Involvement* $7,600 6a. & 6b. Subsurface Utility Investigation* By City 6c. Televised Inspection of Storrnwater and Wastewater Lines By City 7. Construction Observation Services TBD 8. Warranty Phase* $6,000 9. Geotechnical Engineering Services* By City Sub -Total Additional Services Fees Authorized* $103,225 Total Authorized Fee$513,625 * Additional Services which are requested to be authorized in coordination with the notice to proceed for Basic Services. EXHIBIT "A" Page 10 of 10 Revised November 28, 2013 EXHIBIT "A-1" AYERS STREET — PEDESTRIAN IMPROVEMENTS AND TURN LANE ADDITION (SPID TO GOLLIHAR) PROJECT NO. E15106 BOND 2014 PROPOSITION 2 I. SCOPE OF SERVICES The following task list provides added A/E services specific to Ayers Street (Project No E15106) and appends those Standard City of Corpus Christi services outlined in Exhibit A of this contract A. BASIC SERVICES 2d. Construction plans on 11"x17" sheets will be at full size, not half size. 2f. Unless later communicated as otherwise by the City, it is understood that the pre -final (90%) submittal will be required for this project. 2k. It is understood that up to one monthly progress meeting will be held at the request of the City's project manager each month. The term "review" meetings refers to post -submittal review meetings conducted by the City — these are separate from the monthly progress meetings. 3f. The City recognizes that construction bid prices are dependent upon market conditions and the number of available bidders at the time of the bid. Should unusual, unforeseen market conditions or a low number of respondents to the bid be a factor in the lowest bid exceeding the design phase opinion of probable construction cost, then the City will negotiate with the A/E, as an additional service and fee, the work effort required by the NE to revise the bid documents for re -advertising. 4h. The NE does not "certify" completion, rather the A/E will provide a statement that work correctly completed by the Contractor, and which was observed by the A/E, is in general conformance with the plans and specifications. B. ADDITIONAL SERVICES I I I 2e. Not applicable.ChaRgelet—pFepeFty—serners—and—preparete ... commoneed- 4. Environmental Issues; A/E will complete a Phase I Environmental Site Assessment (ESA) in order to identify, to the extent feasible pursuant to the processes prescribed in ASTM E1527-05, any recognized environmental conditions in connection with the proposed project area BOND 2014 PROP 2 TRANSPORTATION PROJECTS AYERS STREET. PROJECT NO. E15106 CONTRACT FOR ENGINEERING SERVICES EXHIBIT A.1 Page 1 of 2 November 2013 6. Subsurface Utility Investigation. By City. 6a -i. 6c. By City. 111. FEES The following appends that outlined in Exhibit A of this contract A. "Prompt monthly payments" is defined as within 30 days of the City's receiving an invoice from the A/E. BOND 2014 PROP 2 TRANSPORTATION PROJECTS AYERS STREET, PROJECT NO. E15106 CONTRACT FOR ENGINEERING SERVICES EXHIBIT A-1 Page 2 of 2 November 2013 m m= CD CDW o0 r. 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 COMPLETE PROJECT NAME Project No. xxxxxx Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $15,117 $0 $0 $15,117 $0 $1,000 $1,000 7% 20,818 0 0 20,818 1,000 500 1,500 7% 0 0 0 0 0 0 On/a 14,166 0 0 14,166 0 0 0 n/a 0% 0 0 0 0 0 0 O $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% $0 $0 $0 $0 $0 $0 $0 n/a 0 0 0 0 0 0 0 n/a 9,011 0 0 9,011 0 0 0 0% 29,090 0 0 29,090 0 0 0 0% 1,294 0 0 1,294 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $39,395 $0 $0 $39,395 $0 $0 $0 0% $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% 39,395 0 0 39,395 0 0 0 0% $89,496 $0 $0 $89,496 $750 $1,500 $2,500 3% EXHIBIT C Insurance Requirements Pre -Design, Design and General Consulting Contracts 1.1 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. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy 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. 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 PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim (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. 1.3 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. 1.4 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. EXHIBIT "C" Page 1 of 2 1.5 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 1.6 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: 1.6.1 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. 1.7 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. 1.8 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. 1.9 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. 1.10 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. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. IEXHIBIT "C" Page 2 of 2 City of Corpus City of Corpus Christi Ordinance 17112, as amended,information. all persons or firms seeking to do business with the City to provide the following nformation. Every question must be answered. If the question is not a plicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST COMPANY NAME: Lockwood, Andrews & Newnam, Inc. P. O. BOX: STREET ADDRESS: 500 N. Shoreline Blvd., Suite 905 CITY: Corpus Christi ZIP: 78401 FIRM IS: 1. Corporation 8 4. Association 2. Partnership 8 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 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an `ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Steven A. Gilbreath, P.E. Title: Associate (Type or Print) Signature of Certifying Person: DEFINITIONS Date: 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." "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. g. Corpus Chr sti Engineering Ayers Street Pedestrian Improvements And Turn Lane Addition BOND 2014 Proposition 2 Council Presentation May 10, 2016 Vicinity Map 4s" g PROJECT LOCATION Gollihar Rd. McArdle Rd. South Padre Island Dr. 4000 Corpus Chr sti Engineering Project Location �hrsti Engineering Interlocal Agreement Joint City/RTA Project Extending New 5ft Sidewalks Crosstown Expy. PROJECT LOCATION McArdle Rd. South Padre Island Dr. The approved Bond 2012 Prop 2 scope provides for improvements only from SPID to Gollihar to include the following: • Improved right turn movements at Mansheim and Sunnybrook • New continuous center lane with new curb, gutter and inlets with new underground drainage • Improved parking and access with new sidewalks, ramps and crosswalks • Waterline improvements and new fire hydrants Note: Staff also coordinated with RTA to extend the project limits to extend and connect new sidewalks from Gollihar to the RTA Bus Transfer Station at Port/Ayers Interlocal Agreement �hrsti Engineering ". RTA Transfer Station - r 1 11,1 • • r• A 7 ' •frr- Joint City/RTA Project Extension r-i`� Pit PROJECT LOCATION Interlocal Agreement proposes joint City/RTA participation to provide new 5ft wide sidewalks on both sides to the Port/Ayers intersection and RTA Bus Transfer Station • RTA participation is funding in amount $80,000 • City participation is to provide the design, construction, inspection and administration Project Schedule �hrsti Engineering 2016 Jan Feb Mar Apr May Jun Jul Aug Sep Oct I Nov I Dec Design Bid Construction Project Estimate: 365 Calendar Days 12 Months CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-25394 Date Filed: 03/11/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Lockwood, Andrews & Newnam, Inc. Houston, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract. E15106 Engineering services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Vajdani, Sima Los Angeles, CA United States X Cohen, Arnie Austin, TX United States X Petersen, Dennis Houston, TX United States X Daly, Grega Washington, DC United States X Daly, Leo Washington, DC United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. 19917990£ I. OI AIDION ,,iy, 110%',* OZOZ-CZ-Z(1saudx3'WWOD =f, N — soxet to along 'ollgnd AialoN io SONb'1131SV0 A3N1211100 ''a,,,,,,,.%% I Sig lure of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said 0 I /� �j 0n ✓G� v hV' ` ` -. ) , this the day of�� .. 20J(, to certify which, witness my hand and seal A Ir / i �,i4�/'' , office. p, t o __ , i r . �. , Signre of o i er administering oath in ed name of officer - •ministering oath Title of officer ad inistering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.312 AGENDA MEMORANDUM First Reading for the City Council Meeting of May 10, 2016 Second Reading for the City Council Meeting of May 17, 2016 DATE: TO: Ron L. Olson, City Manager May 2, 2016 THRU: Mark Van Vleck, P.E., Assistant City Manager of Public Works and Utilities markvv@cctexas.com (361)826-3082 Valerie H. Gray, P.E., Executive Director of Public Works valerieq©cctexas.com (361)826-3726 FROM: Jeffrey Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361)826-3851 One -Way Streets and Parking Prohibition Streets — Add Segments of Artesian Street and Mestina Street CAPTION: Ordinance amending the Code of Ordinances, Chapter 53, Article VIII, Section 53-250 Schedule I — One Way Streets and Alleys by changing designated portions of Artesian Street and Mestina Street from a two-way traffic pattern to a one-way traffic pattern and Section 53-252 Schedule III — Parking Prohibited at all Times on Certain Streets by adding designated portions of Artesian Street and Mestina Street PURPOSE: Both ordinance amendments will improve operations for the CCRTA and Greyhound bus lines. BACKGROUND AND FINDINGS: Construction of the Corpus Christi Regional Transportation Authority (CCRTA) Staples Street Center building is anticipated to be complete for the grand opening scheduled in May 2016. This building is located adjacent to the existing Staples Street Station which serves as one of the main CCRTA transfer stations for bus ridership in the City. The Staples Street Center will serve as the CCRTA's headquarters and will also become the new home for Greyhound bus lines. Artesian Street and Mestina Street are classified as local streets on the Urban Transportation Plan map of Mobility CC. Both streets are heavily utilized by major traffic generators which include the Staples Street Station, Nueces County Courthouse, Nueces County Jail, and Dismas Charities. Each bus operation will access the transfer station utilizing two different routes. The CCRTA will access the Staples Street Station off of Staples Street and Greyhound will enter off of Leopard Street. Both bus lines will exit onto Staples Street. Parallel parking and two-way traffic patterns currently exist along Artesian Street and portions of Mestina Street, from Artesian Street to Waco Street. Both the CCRTA and Greyhound were concerned about the ability to maneuver buses along both streets without parking prohibitions. With support of Nueces County officials, the CCRTA approached the City about a traffic plan that would allow safe bus movement along these local streets, while accommodating some on street parking for the Nueces County buildings in the area. In consultation with both the CCRTA and Nueces County, the City Traffic Engineer proposed the following traffic patterns: One-way traffic flow • Artesian Street, from Leopard Street to Mestina Street (South Direction) • Mestina Street, from Artesian Street to Waco Street (West Direction) Parking Prohibitions • Artesian Street, west side, from Leopard Street to Mestina Street • Mestina Street, north side, from Artesian Street to Waco Street • Mestina Street both sides, from Waco Street to Staples Street The City's Transportation Advisory Commission reviewed and recommended approval of the proposed ordinance amendments and traffic plan at their February 22, 2016 and March 25, 2016 meetings. CCRTA will cover the costs associated with the proposed traffic plan. ALTERNATIVES: Denial of the proposed one-way streets on Artesian Street and Mestina Street and parking prohibition on Artesian Street and Mestina Street. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This one-way streets and parking prohibitions designations conforms to City policy. EMERGENCY / NON -EMERGENCY: Non -emergency; two reading item. DEPARTMENTAL CLEARANCES: City Transportation Advisory Commission, Street Operations FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ® Not applicable Fiscal Year 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Comments: None RECOMMENDATION: Staff recommends approval of this ordinance amendment. LIST OF SUPPORTING DOCUMENTS: Ordinance Location Map Presentation Ordinance amending the Code of Ordinances, Chapter 53, Article VIII, Section 53- 250 Schedule I – One Way Streets and Alleys by changing designated portions of Artesian Street and Mestina Street from a two-way traffic pattern to a one-way traffic pattern and Section 53-252 Schedule III – Parking Prohibited at all Times on Certain Streets by adding designated portions of Artesian Street and Mestina Street BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. City Code of Ordinances, Chapter 53 Traffic, Article VIII Schedules, Section 53-250 Schedule I – One-way streets and alleys, subsection (a) is revised regarding the one-way designation for portions of Artesian Street and Mestina Street. "Sec. 53-250. - Schedule I—One-way streets and alleys. (a) In accordance with section 53-104 and when properly signposted, traffic shall move only in the direction indicated upon the streets and alleys set out in this section. All streets designated as one-way during school days shall be one-way only between those hours established by the city manager, or such officers or employees of the city designated by the city manager, so as to be compatible with school hours and when so indicated by signs. Street or Portion of Street Direction of Traffic Artesian Street, between Leopard Street and Mestina Street Mestina Street, from Artesian Street Waco Street to Staples West Street gt SECTION 2. City Code of Ordinances, Chapter 53 Traffic, Article VIII Schedules, Section 53-252 Schedule III – Parking prohibited at all times on certain streets is revised to add portions of Artesian Street and Mestina Street. "Sec. 53-252. - Schedule III—Parking prohibited at all times on certain streets. In accordance with section 53-172 and when signs are erected giving notice thereof, no person shall at any time park a vehicle upon any of the following described streets or parts of streets: Artesian Street, west side, from Leopard Street to Mestina Street. Mestina Street, north side, from Artesian Street to Waco Street. Mestina Street, both sides, from Waco Street to Staples Street." SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the day of , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Texas 'State Aquarium 115 Sue. 406 141 'f oin rw Aire ■ hatabu rig r Field meric n Bank Curb!er J ‘111 Err O LUSS Lexi. _'or Leopard St. Liparist ID Mary St rath St Bolo d St wigJn Ave 4 onc Nap C fiord st St Project Location itti et - r %3JCINI T Y. AP NOT TO SCA. LES Cuff Project Number: E12115 One -Way Streets and Parking Prohibition Artesian Street and Mestina Street CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Chr sti Engineering One -Way Streets and Parking Prohibition - Artesian Street and Mestina Street Council Presentation May 10, 2016 Project Vicinity �hrsti Engineering Navigarion Sled s,� wore Ave • Whayytpa4urger Field %`" , American Bank Center h 3 % 'Mse �a5 4.0, Q �a � qm ® r� Corpus Chris" 31 -4•®0,103l0 Leopard St. (7) = A �qv _ U c LiPan St va z c„ Qa m _ 2 Project Location Agnes St H YSt colemaO Ave Buford St Mary St Ruth Se Bd4ord St Morgan Ave aeilu St Evti Cote Park 2 Location Map �hrsti Engineering Signs and Markings Plan co) Corpus Chr sti Engineering LEGE'AR4;'€Ld N STALE PRQPO$EO PARKING i09�?ARNINI4 GSPA<6S DEANA SF_ ONE WAY M4FFll 15 BASEL ,NE AE Is ANGLED SW. Scope �hrsti Engineering • Staples Street Station - Grand Opening May 2016 • Headquarters for RTA & Greyhound Bus Lines • Proposed One-way Streets - Artesian between Leopard and Mestina - Mestina between Artesian and Waco • Proposed Parking Prohibitions - Artesian from Leopard to Mestina (west side) - Mestina from Artesian to Waco (north side) - Mestina from Waco to Staples (both sides) • More on street parking (angle parking) 5 �hrsti Engineering Questions? AGENDA MEMORANDUM First Reading for the City Council Meeting of May 10, 2016 Second Reading for the City Council Meeting of May 17, 2016 DATE: April 22, 2016 TO: Ronald L. Olson, City Manager THRU: Mark Van Vleck, P. E., Assistant City Manager markvv@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: J. H. Edmonds, P. E., Director of Capital Programs jeffreye@cctexas.com (361) 826-3851 CAPTION: Engineering Change Order No. 2 South Staples Street from Morgan Avenue to IH 37 BOND 2012 Ordinance appropriating $300,000 of anticipated revenues from the Regional Transportation Authority (RTA); changing the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to increase revenues and expenditures by $300,000; authorizing the City Manager, or designee, to execute an Interlocal Agreement with the RTA; and authorizing the City Manager, or designee, to execute a change order with Bay, Ltd. of Corpus Christi, Texas in the amount of $358,683.57 for the South Staples Street from Morgan Avenue to IH 37 project. Bond 2012, Proposition 1. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute an Interlocal Agreement with the RTA and a Change Order with, Bay LTD, for repairs to streets damaged by RTA temporary bus detours. BACKGROUND AND FINDINGS: Bay LTD received the award for the Staples Street Reconstruction Project (Bond 2012 Proposition 1) in July 2015 in the amount of $13,414,114.10. This street reconstruction was coordinated with the RTA's construction of the new Bus Terminal to minimize disruption of services and the overall cost of both projects. As a result of the temporary bus route detours, several streets were damaged near City Hall as follows: Leopard Street N. Brownlee Boulevard to Staples Street Mexico Street Lipan to Leopard Street Josephine Street Lipan to Leopard Street (Overlay) Sam Rankin Street Mestina Street to Leopard Street (Overlay) Sam Rankin Street Leopard Street to Antelope Street North Alameda Street Leopard Street to Antelope Street The proposed improvements in Change Order No. 2 in the amount of $358,683.57 provides for the various full depth repairs, patching and crack seals to restore the streets to the same or better condition prior to the detour as shown on the attached Street Repair Map. The three worst blocks will receive a thin overlay to restore the pavement. This is recommended since the required repairs sufficiently repaired the pavement condition allowing a TxDOT approved fiberglass reinforced mat to restore, strengthen and extend the roadway lifecycle. The Interlocal Agreement provides a joint City/RTA participation with the RTA providing $300,000 for the repairs to restore the streets only. The City's participation is to execute the design, award, construction, inspection and contract administration for the repairs plus shared cost for the additional surface restoration to extend the pavement lifecycle. The TxDOT approved matting is the first application of this technology for the City, however, this is currently utilized by TxDOT and numerous other public and private agencies for similar rehab. The City and industry has used geotextile matting (GEOGRID) for decades that is applied to the base and subgrade. This reinforced fiberglass mat is applied between existing and a new hot mix asphalt concrete (HMAC) layer. There are other types of matting applied between the HMAC layers that performs to minimize reflective cracking. This "reinforced" matting minimizes reflective cracking for a much longer duration and adds to the structural integrity of the pavement thus extending the lifecycle. ALTERNATIVES: 1. Authorize execution of the construction contract. 2. Do not authorize execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: Change Order No. 1 for $35,376.00 provided for installing 18" Arch Concrete Reinforced Storm Water Pipe in lieu of 18" Round Concrete Pipe to avoid existing AEP and AT&T duct banks. Change Order 1 & 2 combined is $394,059.57 that represents approximately 3% increase to the total contract value. CONFORMITY TO CITY POLICY: Conforms to FY 2015-2016 Street Capital Improvements 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 15,711,063.80 300,000.00 16,011,063.80 Encumbered / Expended Amount 15,607,290.83 15,607,290.83 This item 358,683.57 358,683.57 Future Anticipated Expenditures This Project 44,479.69 44,479.69 BALANCE 103,772.97 -103,163.26 609.71 Comments: City Council awarded the original construction project to Bay, LTD on July 21, 2015 in the amount of $13,414,114.00. RECOMMENDATION: City staff recommends approval of the Interlocal agreement and approval of the change order with Bay Ltd, Inc. of Corpus Christi, Texas in the amount of $358,683.57, for the South Staples Street from Morgan Avenue to IH 37 Bond 2012 Proposition 1 project for additional repairs along streets damaged by bus traffic. LIST OF SUPPORTING DOCUMENTS: Ordinance Budget Change Order No. 2 Form 1295 Project Location Map Street Repair Location Map Presentation Ordinance appropriating $300,000 of anticipated revenues from the Regional Transportation Authority (RTA); changing the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to increase revenues and expenditures by $300,000; authorizing the City Manager, or designee, to execute an Interlocal Agreement with the RTA; authorizing the City Manager, or designee, to execute a change order with Bay, Ltd. of Corpus Christi, Texas in the amount of $358,683.57 for the South Staples Street from Morgan Avenue to IH 37 project. BOND 2012, Proposition 1. 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 add RTA anticipated revenues in the amount of $300,000 to the South Staples Street from Morgan Avenue to IH 37 project, BOND 2012, Proposition 1. SECTION 2. Revenues and expenditures in the amount of $300,000 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 an Interlocal Agreement with the RTA for improvements to streets along the temporary bus route. SECTION 4. The City Manager or designee is authorized to execute a change order for the South Staples Street from Morgan Avenue to IH 37 project, with Bay, Ltd. Inc. of Corpus Christi, Texas in the amount of $358,683.57. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the day of , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor PROJECT BUDGET Staples Street from Morgan Avenue to IH 37 May 10, 2016 PROJECT FUNDS AVAILABLE: Bond 2012 $ 6,900,372.79 RTA Contribution No. 1 771,036.00 RTA Contribution No. 2 300,000.00 Storm Water CIP 4,030,800.00 Water CIP 2,166,034.54 Wastewater CIP 1,752,835.92 Gas CIP 89,984.55 TOTAL $ 16,011,063.80 FUNDS REQUIRED: Construction Fees: Construction Total (Bay, Ltd) ORIGINAL CONTRACT PLUS TWO CHANGE ORDERS $ 13,808,173.67 Streets 5,574,507.41 RTA 1,067,783.36 Sub -total Street Construction 6,642,290.77 Storm Water 3,703,202.70 Water 1,865,370.90 Wastewater 1,554,070.30 Gas 43,239.00 Sub -total Utility Construction 7,165,882.90 Contingency (7.5%) 1,035,613.03 Construction Inspection 96,066.38 Design Fees: * Engineer (Naismith Engineering) Original and Amendment 1 848,162.50 Testing Fees: 89,350.00 Geotechnical Testing (Kleinfelder) 15,000.00 Construction Materials Testing (Rock) 74,350.00 Reimbursements: Total Reimbursements 133,088.51 Contract Administration (Capital Programs/Capital Budget/Finance) (0.3%) 48,033.19 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services) (0.5%) 80,055.32 Misc. (Printing, Advertising, etc.) 5,000.00 TOTAL 16,010,454.09 ESTIMATED PROJECT BUDGET BALANCE $ 609.71 * Original contract issued January 29, 2013. City of Corpus Christi Engineering Services Change Order CHANGE ORDER NO.: 2 CHANGE ORDER DATE: PROJECT: South Staples Street from Morgan Avenue to 11-1 37 (Bond 2012) PROJECT NUMBER: CONTRACTOR: Bay, Ltd CONTRACT TIiv1E: ENGINEER: 4/28/2016 E12096 730 CD Make the following additions, modifications or deletions to the work described in the Contract Documents: 1 RTA Leopard Street full depth repair, complete in place 800 SY ® $97.04 $77,545.63 2 RTA Mexico Street full depth repair, complete in place 96 SY @ $205.46 $19,724.16 3 RTA Josephine Street full depth repair, complete in place 1,217 SY @ 881.30 $98,942.10 4 RTA Sam Rankin Street full depth repair, complete in place 631 SY @ $114.18 872,047.58 5 RTA N. Alameda Street full depth repair, complete in place 78 SY @ $358.83 $27,988.74 6 Utilities Curb and Gutter, complete in place 40 LF @ $84.97 $3,398.80 7 Utilities Manhole adjustment 1 EA @ $2,500 $2,500.00 8 Utilities Valve adjustment 1 EA @ $2,500 82,500.00 9 Street Surface Restoration to include Ultrafuse, Glasgrid 100 and Milling, complete in place 1 LS @ $54,036.56 $54,036.56 10 Net Total of This Change Order $ 358,683.57 Why was this Change necessary: Provides for repairs to Leopard Street from N. Brownlee Boulevard to Staples Street, Mexico Street from Lipan to Leopard Street, Josephine from Lipan to Leopard Street, Sam Rankin Street from Mestina to Antelope Street, and North Alameda Street from Leopard Street to Antelope Street as a result of RTA temporary detours during the construction of the new RTA Bus Terminal. These improvements include full depth repairs and crack seaL Row can similar changes be avoided in the future? Future temporary bus routes will be routed to arterial and collectors that can better accommodate loads. RTA bus routing needs to be approved prior to routing in order to verify street ability to handle the added loading. 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 unforseen at this bine, including without limitation, any cost for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of this Change Order. Original Contract Amount $ 13,414,114.10 Previously Approved Change Order Amount $ 35,376.00 Proposed Change Order Amount $ 358,683.57 Revised Contract Amount $ 13,808,173.67 Percent of Total Change Orders (including this CO) 2.94% Previous Change Order Contract Time 730 CD Additional Time on This Change Order 14 CD Revised Contract Time 744 CD Recommended by CONSULTING FIRM! By N/A Date Approved by [CONTRACTOR] By Date AA� k Recommended CITY OF C R ' ' US 51TRISTI ya,/� Recommended by: Recommended by: Recommended by: DEPARTMENT APPROVALS: Philip L. chic, P.E. Date Acting Construction Engineer Jeffcrcy Edmonds, P.E. Director of Engineering Services Date Eddie Houlihan Budget and Finance Date Janet Kellogg City Attorney Date Approved by: Approved by: Approved by: Valerie H. Gray, Y.E. Date Executive Director of Public Works Mark Van Vleck, P.E. Date Assistant City Manager Ronald L. Olson City Manager Date CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE CERTIFICATION ONLY OF FILING 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Bay Ltd. Corpus Christi, TX United States Certificate Number: 2016-47130 Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi Engineering Services 04/28/2016 Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods or other property to be provided under the contract. E12096 Street Repairs for Leopard from N. Brownlee to Staples, Mexico from Lipan to Leopard, Josephine from Lipan to Leopard, Sam Rankin from Mestina to Antelope, and North Alameda from Leopard to Antelope 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Lentz, Jon Corpus Christi , TX United States X 5 Check only if there is NO Interested Party. 04,00 m o full,. 6 AFFID`A,VrI ` . Y 4 , ',...�? CONJ.''i7 Y ,bU ' .4..- S , %.0% C7 , *,�J` •• FSP q, ••' N*, + AEEIX NOYf J t4 PAEAL ABOVE Sworn to and subscribed before me, by the said `J I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Y - lam. s T`. rY` c T, n r, qq ` Signature of au ized agent of contracting business entity a rJ L ru - , this the '. day of A P2I L 20 t , to certify which, witness my hand and seal of office. 1 ' c, io , Signature 4fficer administering oath Printed name of o icer administering oath Title of offibbr administering oath Forms provided by Texas Ethics Commission www.ethics.state,tx,us Version V1.0.1021 '94d T 61 43 Y4 IN-37 isia LEOPARD ST. A Nr Lipari St .21 4 CI - 1.4014t fp Ruth Et rd St P+I organ Ave • Market Sk Navigation Blvd _Port Ave American +'tian Center 4 Texa3 Staff t Aqu a riuim i ■ Vithatatiurger Field Project Area VICINITY MAP NOT TO SCALE s LIUDUEI S rck { Corpus Christi Bay 0 Project Number: E12096 South Staples Street from Morgan to Interstate Highway 37 Change Order No. 2 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES r 30'x6' FDR LEOPARD ST. 25'xfi' FDR 30'x6' FDR 30 59'x6. FOR pirr x x6' FDR 12'x6 40'x20' FDR ANTELOPE ST. 30'x12' FDR, 20 x6' FDR 80'x6' FOR AM RANKIN ST. 8'x8' FDR 10'x10' FDR 30'05' FDR 250'x13' FDR 10'x10` FDR 50'x5' FDR igikk (n. 10'x5' FDR 10'x5' FDR a l� 50'x5' FDR x2 FOR 15x14' FDR 120'x20' FDR 100' of Crack Sea. 120'x20' FDR 15'x34' FDR 10'x15' FDR 120'x6' FDR 30'x12' FDR 300'x20 FDR 30' of C&G. }0' of C&G MESTENA ST. 330'x15' FDR 10x5' FDR 3'x3' FDR Blocks to receive full width street resurfacing LIPAN ST. LOCATION MAP NOT TO SCALE ti Street Repair Location Map CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Chr sti Engineering South Staples Street BOND 2012 Proposition 1 Change Order 2 Council Presentation May 10, 2016 Vicinity Map �hrsti Engineering Ak1:44 4 Q�/ mem"� MANOR m 3 R¢ Lipan 54 Mary St Ruth St ods, Morgan u,� e Pon Ave ' WhatSbmgerfield American Bank Center k A Project Area Christi C � Agnes St " 7T," E Corpus Christi Marv- N Y GoleRVan Ave ';s�ifgrd St atleth St im s 2 Street Repair Location Map Corpus Ch r sti Engineering ANTELOPE ST. aa.a FOR LEOPARD T. RV FO0 50.8" FCR . n' %nR5Of FOR4__,a6' NR 0'x221 foN 12'N6' '- /..,,,.... 2`2) 13' FCR ( 16' 10',15 MDR 30012' FOR 112,0',420' OFOR 100' 01 Crook Seal '12b..0' FOR. Blocks to receive full width street resurfacing IC niko liser 3 Project Scope Corpus Chr sti Engineering Change Order provides full depth repairs and crack seals to several streets damaged by temporary RTA bus route detours due to the construction of the RTA Bus Terminal Project and City Staples Street Reconstruction (IH -37 to Morgan) Bond 2012 Project. Leopard Street N. Brownlee Boulevard to Staples Street Mexico Street Lipan to Leopard Street Josephine Street Lipan to Leopard Street (Overlay) Sam Rankin Street Mestina Street to Leopard Street (Overlay) Sam Rankin Street Leopard Street to Antelope Street North Alameda Street Leopard Street to Antelope Street The Interlocal Agreement provides for joint City/RTA participation: • RTA participation is funding in the amount of $300,000 • City participation is to provide the engineering, construction, inspection and administration plus $58,683.57 to implement additional surface restoration to extend the pavement lifecycle • The recommendation to include additional surface restoration on the three worst blocks was based on the level of repair required • These streets will receive full surface restoration with a TxDOT approved fiberglass reinforced mat and 1.5" HMAC overlay 4 Project Schedule �hrsti Engineering 2016 May Jun Construction mi Project Estimate: 60 Calendar Days 2 Months AGENDA MEMORANDUM City Council Meeting of May 17th 2016 DATE: TO: FROM: May 11,2016 Ronald L. Olson, City Manager E. Jay Ellington, Interim Assistant City Manager Jayell@cctexas.com (361) 826 3898 Discuss / Direction — Vehicle for Hire/Taxi Ordinance STAFF PRESENTER(S): Name 1. Ron Olson 2. E. Jay Ellington 3. William Breedlove 4. Joseph "Buck" Brice Title/Position City Manager Interim Assistant City Manager Captain Assistant City Attorney Department City Manager's Office City Manager's Office Police Department City Attorney's Office OUTSIDE PRESENTER(S): Name Title/Position Organization 1. 2. BACKGROUND: On May 10th 2016 City Council passed ordinance #030788 which provides regulations for Transportation Network Companies to operate in Corpus Christi. To ensure the competitive equity of Taxi Cab Companies operating in Corpus Christi, City Council directed City Staff to bring forward the Taxi Ordinance for revision. LIST OF SUPPORTING DOCUMENTS: Presentation — Vehicle for Hire/Taxi Ordinance City of Corpus Christi Vehicle for Hire / Taxi Ordinance Discover, Discuss & Decide Process May 17, 2016 May 10 17 24 Timeline Discuss / Direction 2nd Reading Ordinance No. 030788 - "PASSED on 5.10.16" Discuss / Direction Vehicle for Hire/Taxi Ordinance Discuss / Direction Council Questions Questions Asked by City Council on May 10th, 2016 1. Can City Council voluntarily waive the statutory 45 day grace period before initiative proceedings can begin? Article I, Section 4 of the City Charter outlines the process for initiative proceedings. The charter states that the city secretary shall present the initiative to the City Council. The Council has 45 days from the date of presentment to consider adoption of the ordinance in substantial form. If the Council fails to take the proposed action within the established timeframe, then the city secretary provides petition pages to the proponents. The Council can waive the 45 -day consideration period, however, by approving the proposed resolution and authorizing the city secretary to provide the petition pages upon passage Discovery Responses from Taxi Focus Groups and Questionnaires ■ Taxi Police Department Focus Group Responses 1. One time certificate of operation fee of $250. 2. Three year moratorium on fees to offset TNC working within the city without fees 3. Change street user fee proposal to $50 per vehicle per year 4. No meter requirement and rates are set by the company 5. Insurance rates set by state liability rates 6. Require Taxi Inspector's Office to accept credit cards for all fees 7. Continue with Finger prints but allow for 30 day temporary permit. 8. Set $10 dollar renew fee. 9. No medical testing, No defensive driving 10. State Inspection only 11. No age or style requirement 12. Trade marking must be unique but color scheme not required. 13. Street User Fee Reduction — "Citied College Stations Taxi Fee: $50 Dollars Annually" 14. Would like Repeal of the Local Office Requirement 15. Would like the Ability to Charge Flat Rates i.e. Downtown to Southside 16. Would like the Ability for Drivers to Use a Phone to Accept and Dispatch Rides 17. Would like to Remove Outdated Ordinance Language i.e Geographic Test, 2 Way Radio 18. Desire to Keep Fingerprinting and Permitting, but would like 15 Days for Drivers to Pay for Their City Permit. 19. Would like to Remove the Overhead Light Requirements Discovery Responses from Taxi Focus Groups and Questionnaires ■ Airport Taxi Focus Group Responses 1. Would like City or Airport to issue all taxis an Automated Vehicle Identification (AVI) Tag 2. Would like Airport permits fees to be reduced by 83% and paid on annual bases only 3. Would like the AVI Tag to replace current paper Airport Permit 4. Would like the Airport permit to be standard fee structure for Taxi Cabs and TNCs 5. Would like an option to apply and pay for Airport permits on line. 6. Would like commercial lane and curbside to be reserved for Taxi Cab Use only —TNCs in Parking Lot 7. Would like Airport to post a signs listing all City Taxi Cab phone numbers at no charge Direction Council Direction 1 2 3 4 5 6 Company Direction Item # 1 2 3 4 5 6 Ordinances Certificate of Operation Certificate of Operation Fee Min # of Vehicles Local Office Trade Signage or emblem City Access to Records TN Annual 2%Gross Receipts na No Yes, readable at a distance of at least 50 feet Yes T/��\` XE Certifinate, a term not to exceed 5 years $250 application fee, $100 per vehicle, minimum $500 paid quarterly 3 Yes Yes, company and phone number on side and rear of vehicle, at least 2&1/2 inch lettering Yes Council Direction 1 2 3 4 5 6 Direction Council Direction 1 2 3 4 5 6 Driver Direction Item # 1 2 3 4 5 6 Ordinances Driver Permit Required Driver Permit Fee Limit on Operating Hours of Driver Physical / Medical Driver Background Check Finger Printing TNVehicle for hire driver's permit, valid 2 years $50 for 2 years Driver limited to 12 hours in 24 hour time span Yes Yes Yes T Vehicle for hire driver's permit, valid 2 years $50 for 2 years Driver limited to 12 hours in 24 hour time span Yes Yes Yes Council Direction 1 2 3 4 5 6 Direction Council Direction 1 2 3 4 Vehicle Direction Item # 1 2 3 4 Ordinances Licensing Fee Vehicle Inspection Fire Extinguishers Age of Vehicle TNo IJ\I1 Annual, City designated inspector YeS 10 years (7 years with 3 year extension) TAX0 $15 Annual by City Taxi inspector Yes 10 years (6 years with 4 year extension) Council Direction 1 2 3 4 Direction Council Direction 1 2 3 Airport Direction Item # 1 2 3 Ordinances Compliance with Airport Regulations Permit Required Airport Fees TNCYes Yes None Currently Established TAX0 Yes Yes $50 monthly or $2.00 per arrival Council Direction 1 2 3 Questions Questions for Staff Regarding Any Topics Covered? AGENDA MEMORANDUM for the City Council Meeting of May 17, 2016 DATE: May 12, 2016 TO: Mayor and Council FROM: Rebecca Huerta, City Secretary RebeccaH@cctexas.com 826-3105 Discussion and possible action regarding a resolution to waive the charter requirement granting 45 days for Council consideration of an initiative ordinance CAPTION: Discussion and possible action regarding a resolution to waive the time allotted under City Charter Article I, Section 4 for Council consideration of adoption of an initiative ordinance and authorizing the City Secretary to furnish the proponents petition pages upon passage of this resolution. PURPOSE: Article I, Section 4 of the City Charter outlines the process for initiative proceedings. The charter states that the city secretary shall present the initiative to the City Council. The Council has 45 days from the date of presentment to consider adoption of the ordinance in substantial form. If the Council fails to take the proposed action within the established timeframe, then the city secretary provides petition pages to the proponents. The Council can waive the 45 -day consideration period, however, by approving the proposed resolution and authorizing the city secretary to provide the petition pages upon passage. BACKGROUND AND FINDINGS: On April 15, 2016, the City Secretary was presented with a statement of intent to circulate an initiative petition regarding an ordinance to establish transportation network companies. Per the Charter, the City Attorney drafted an ordinance in legal form containing the substance of the ordinance, and the City Secretary presented the initiative for the Council's consideration at the May 10, 2016 Council meeting. The City Council considered the proposed ordinance, and rejected it with a 5-4 vote. The charter states that the Council has 45 days from the date of presentment (until June 24, 2016) to consider the adoption of the ordinance in substantial form. Thus, even if the Council rejects the ordinance, the 45 -day consideration period allows the Council the ability to reconsider the ordinance or bring forward an alternate ordinance. If the Council fails to take action within the allotted time, then the City Secretary provides the proponents with petition pages for circulation among the City's registered voters. A discussion ensued at the May 10 meeting asking if the Council could waive the charter provision requiring the 45 -day consideration period to allow for distribution of the petition pages as soon as possible. After reviewing the case law, the City Attorney has determined that the City Council may waive a Charter provision when it is determined to be a provision solely for their convenience. Thus, staff is presenting the proposed resolution with findings to formally waive the requirement. OTHER CONSIDERATIONS: Per the charter, the proponents have 90 days to gather signatures of at least five percent of the registered voters to place a proposition on the ballot at the next regular city council elections. Within 20 days, the City Secretary will determine if enough signatures were obtained. If the petition does not contain the required number of signatures, then the petitioner has an additional 10 days to supplement signatures, with such supplemental signatures to be verified within 10 days by the City Secretary. If a valid petition is submitted, the Council would include a proposition to adopt or reject the proposed ordinance on the ballot at the next regular city council elections, which are scheduled for November 8, 2016. Please note that while the Charter allows the petitioners 90 days to gather the signatures, the statutory deadline to call for the November 8, 2016 election is August 22. The petition must be submitted and validated with sufficient time for the Council to hold a properly posted meeting to include the proposition on the ballot. DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital QNot 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 LIST OF SUPPORTING DOCUMENTS: Resolution RESOLUTION TO WAIVE THE TIME ALLOTTED UNDER CITY CHARTER ARTICLE I SECTION 4 FOR COUNCIL CONSIDERATION OF ADOPTION OF AN INITIATIVE ORDINANCE AND AUTHORIZING THE CITY SECRETARY TO FURNISH THE PROPONENTS PETITION PAGES UPON PASSAGE OF THIS RESOLUTION WHEREAS, Article I Section 4 of the City Charter authorizes the citizens to submit ordinances being proposed by initiative; WHEREAS, Article I Section 4 of the City Charter provides that 45 days from the date of presentment of the ordinance to the City Council shall be allotted to the City Council to consider the adoption of such ordinance; WHEREAS, Article I Section 4 of the City Charter provides that in the event the City Council fails to take the proposed action within the time allotted, the City Secretary shall furnish to the proponents petition pages for circulation among the registered voters of the City; WHEREAS, a proposed citizen initiative ordinance was submitted to the City on April 15, 2016 regarding transportation network companies; WHEREAS, the City Council considered and voted upon a proposed citizen initiative ordinance at its meeting on May 10, 2016 at which time the ordinance failed to pass; WHEREAS, case law including Cawthorn v. Houston 231 S.W. 701 (Tex. Comm. App. 1921, holding approved) provides the City Council may waive a Charter provision when it is determined to be a provision solely for their convenience; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the City Charter provision found at Article I Section 4 (d) which allots 45 days for City Council consideration of citizen initiative ordinances is hereby found to be a provision solely for the convenience of the City Council that may be waived by action of the City Council. Section 2. That the City Council hereby waives the full 45 days allotted for City Council consideration with regard to the citizen initiative ordinance submitted to the City on April 15, 2016 regarding transportation network companies. Section 3. That the City Secretary is authorized to furnish the ordinance proponents with petition pages meeting the requirements of the City Charter upon the final adoption of this Resolution by the City Council. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of May 17, 2016 Second Reading for the City Council Meeting of May 24, 2016 DATE: May 2, 2016 TO: Ronald L. Olson, City Manager FROM: Daniel McGinn, AICP CFM, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Proposed Amendment to Mobility CC — Adoption of the Corpus Christi Metropolitan Planning Organization Strategic Plan for Active Mobility (Phase 1: Bicycle Mobility Plan) CAPTION: Ordinance amending MobilityCC, a transportation element of the Comprehensive Plan of the City of Corpus Christi, by adopting the Corpus Christi Metropolitan Planning Organization (CCMPO) Strategic Plan for Active Mobility, Phase 1: Bicycle Mobility Plan; providing for severance; providing for a repealer clause; and providing for publication. PURPOSE: The Corpus Christi Metropolitan Planning Organization's (CCMPO) 2005 Bicycle and Pedestrian Plan is the current plan identifying the bicycle and pedestrian network adopted by the City. This ordinance amendment would modify MobilityCC by replacing the CCMPO's 2005 Bicycle and Pedestrian Plan with the Strategic Plan for Active Mobility (Phase 1: Bicycle Mobility Plan). BACKGROUND AND FINDINGS: In 2013 the City adopted MobilityCC which consolidated existing transportation related plans into a single transportation planning framework. MobilityCC serves as the transportation element of the City's Comprehensive Plan and allows a process for design, operation and maintenance of existing and proposed transportation infrastructure. Existing plans that were incorporated and modified by Mobility CC include the following: • Urban Transportation Plan (UTP) — City's Thoroughfare Plan (Roadway Classification) • ADA Master Plan — City's Accessible Route Master Plan • HikeBikeCC — City's Trails Master Plan for Off -Road Bicycle and Pedestrian Facilities • CCMPO 2005 Bicycle and Pedestrian Plan — City's On -Street Bicycle Facilities Master Plan To address the ever-changing transportation network, the Corpus Christi Metropolitan Planning Organization's (CCMPO) initiated the Strategic Plan for Active Mobility to coordinate and fund transportation projects for both bicycle and pedestrian facilities. The Bicycle Mobility Plan, which is the first phase of the Strategic Plan for Active Mobility, fosters bicycling as a meaningful transportation alternative for riders of diverse abilities. It integrates bicycle mobility for on -street and off-street bicyclists. The Bicycle Mobility Plan serves as a guide to determine where the City should strategically plan for investments in bicycle infrastructure. The prescribed Bicycle Mobility Network (290 miles) has various prescriptions for the type of bicycle infrastructure to be installed (i.e., bike boulevard, buffered bike lane, multi -use side path, one-way cycle track, and off- road multi -use trail). The Bicycle Mobility Plan includes best practices to develop this Bicycle Mobility Network. Adoption of the Strategic Plan for Active Mobility (Phase 1: Bicycle Mobility Plan) requires amending Mobility CC to repeal the 2005 Bicycle and Pedestrian Plan on the Urban Transportation Plan map and modification to HikeBikeCC. Deletion of the 2005 Bicycle and Pedestrian Plan and its replacement with the Strategic Plan for Active Mobility (Phase 1: Bicycle Mobility Plan) allows for the adoption of an improved Bicycle Mobility Network for the City. HikeBikeCC contains prescriptions for trails and/or bikeways, which conflict with the bicycle infrastructure types outlined in the Strategic Plan for Active Mobility (Phase 1: Bicycle Mobility Plan). Therefore, this proposed ordinance amendment would repeal only the conflicting provisions of HikeBikeCC in MobilityCC. The City Traffic Engineer recommended approval of the adoption of the Strategic Plan for Active Mobility (Phase 1: Bicycle Mobility Plan) to the City Transportation Advisory Commission (CTAC). At its monthly meeting on February 22, 2016, CTAC recommended its approval to City Council. The City's Park and Recreation Advisory Committee also passed a resolution of support on March 9, 2016. Planning Commission recommended approval of the Strategic Plan for Active Mobility (Phase 1: Bicycle Mobility Plan) excluding the Matrix of Best Practices at the March 23, 2016 meeting. ALTERNATIVES: Denial or amendment of the Strategic Plan for Active Mobility (Phase 1: Bicycle Mobility Plan). OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This amendment conforms to City Policy. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Street Operations, Engineering Services, Parks & Recreation, Development Services, Legal, and Planning Commission. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Planning Commission and Staff recommend approval of the Strategic Plan for Active Mobility (Phase 1: Bicycle Mobility Plan) without adopting the Matrix of Best Practices at this time. LIST OF SUPPORTING DOCUMENTS: Ordinance with Plan as Exhibit Presentation Ordinance amending MobilityCC, a transportation element of the Comprehensive Plan of the City of Corpus Christi, by adopting the Corpus Christi Metropolitan Planning Organization (CCMPO) Strategic Plan for Active Mobility, Phase 1: Bicycle Mobility Plan; providing for severance; providing for a repealer clause; and providing for publication. WHEREAS, in 2013 the City adopted MobilityCC that consolidated existing transportation related plans into a single transportation planning framework. MobilityCC serves as the transportation element of the City's Comprehensive Plan and allows a process for design, operation and maintenance of existing and proposed transportation infrastructure; WHEREAS, existing plans that were incorporated and modified by MobilityCC include HikeBikeCC (City's Trails Master Plan for Off -Road Bicycle and Pedestrian Facilities) and Corpus Christi Metropolitan Planning Organization (CCMPO) 2005 Bicycle and Pedestrian Plan (City's On -Street Bicycle Facilities Master Plan); WHEREAS, an image of the CCMPO 2005 Bicycle and Pedestrian Plan (City's On -Street Bicycle Facilities Master Plan) is embedded in the Urban Transportation Plan map and shall be removed upon adoption of the Strategic Plan for Active Mobility, Phase 1: Bicycle Mobility Plan ("the Plan"); WHEREAS, HikeBikeCC contains prescriptions for trails and/or bikeways that conflict with the bicycle infrastructure types outlined in the Plan; WHEREAS, the City Traffic Engineer recommended approval of the adoption of the Plan to the City Transportation Advisory Commission (CTAC) and at its monthly meeting on February 22, 2016, CTAC recommended approval of the Plan to City Council. The City's Park and Recreation Advisory Committee also passed a resolution of support to adopt the Plan on March 9, 2016; WHEREAS, with proper notice to the public, the Planning Commission held a public hearing on Wednesday, March 23, 2016, during which all interested persons were allowed to appear and be heard, regarding amending MobilityCC by adopting the Plan. The Planning Commission recommended adoption of the Plan without adopting the Matrix of Best Practices contained within the Plan; and WHEREAS, the City Council has determined that these amendments would best serve the public health, necessity, and convenience, and the general welfare of the City of Corpus Christi and its citizens; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS Ordinance -Bicycle Mobility Plan F Page 1 of 3 SECTION 1. MobilityCC, a transportation element of the Comprehensive Plan of the City of Corpus Christi, Texas (the "Comprehensive Plan"), is amended by adopting and incorporating the Corpus Christi Metropolitan Planning Organization (CCMPO) Strategic Plan for Active Mobility, Phase 1: Bicycle Mobility Plan (the "Plan"), without adopting the Matrix of Best Practices contained within the Plan and amending the Urban Transportation Plan Map by deleting the Corpus Christi Bicycle and Pedestrian Plan graphic. The Plan is attached to this ordinance as Exhibit "A" and incorporated into this ordinance by reference as if fully set out in its entirety. SECTION 2. To the extent the amendments made by this ordinance represent a deviation from the Comprehensive Plan and MobilityCC, the Comprehensive Plan and MobilityCC are amended to conform to the amendment made by this ordinance. SECTION 3. The Comprehensive Plan and MobilityCC, as amended from time to time and except as changed by this ordinance, remain in full force and effect. SECTION 4. Any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 5. The City Council intends that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. Therefore, if any section, paragraph, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Ordinance -Bicycle Mobility Plan F Page 2 of 3 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance -Bicycle Mobility Plan F Page 3 of 3 STRATEGIC PLAN FOR ACTIVE MOBILITY PHASE 1: BICYCLE MOBILITY PLAN Mobility CC EXHIBITA CORPUS CHRISTI BLANK PAGE, INTENDED FOR PRINTING PURPOSES ONLY EXHIBITA TABLE OF CONTENTS INTRODUCTION PLAN INTENT AND OVERVIEW VISION, GOALS, AND OBJECTIVES ACKNOWLEDGMENTS METHODS. 1 SPECIAL TOPICS NARRATIVE 83 2 Bike Share Programs 84 3 Walking School Buses and Bike Trains 87 4 Local Improvement Districts 87 6 Special Maintenance Agreements 88 7 Cyclovia 88 9 Sate Passage Citation Fee Structure 88 12 Rules and Codes for Safe Cycling 88 13 Bike Safety Classes in Lieu of Fines 90 14-46 Standard Contracting Language tor Construction Zones 90 48 Bicycle Counts 90 50 • Performance Measures 91 51 • APPENDICES 52 • Appendix A: Stakeholder Engagement Database A-1 53 • Appendix B: Steering Committee Invitees A-1 55 • Appendix C: ANSWER IT! Online Survey and Data Summary A-2 59 Appendix D: Presentation Locations A-6 60 62 Appendix E: Community Events Attended A-6 61 Appendix F: Poster and Flyer Locations and Sample A-7 Appendix G: Interview Protocol and List of Interviewees A-8 63 Appendix H: Targeted Vetting of Preliminary Bicycle Mobility Network A-9 Appendix I: Sample Resolution in Support of Implementation of the Bicycle Mobility Plan A-12 A-18 A-9 47 85 Appendix J: Drive Kind Ride Kind Program Guide A-11 Appendix K: Model Bicycle Parking Ordinance Appendix L: Priority Sport Routes tor Road Bikes 76 TABLES AND FIGURES 77 Table 1 - Bicycle Mobility Network Summary 2 77 Table 2 Primary Destinations Used to Identify Hubs of Community Activity 7 78 Table 3 -Supplemental Data Used to Identity Hubs of Community Activity 7 78 Table 4 -Stakeholder Bicycle Route Used to Validate the Bicycle Mobility Network...8 ng Table 5 - Primary Data Collected tor All Bicycle Mobility Network Segments 8 79 Table 6 -Secondary Data Collected for All Bicycle Mobility Network Segments 8 79 Table 7 -Summary of Community Engagement.. 10 80 Table 8 - Supplemental Specialized Treatments 80 Table 9 - Financial Models tor Bike Share Programs 81 Figure 1 - Heat Map of Project Area Depicting Hubs of Community Activity 7 81 Figure 2 - Bicycle Infrastructure Categories as Function of Traffic Volumes and Speeds 9 82 Figure 3 - Preliminary Proposed Bike Share Station Locations 86 Network Development Stakeholder Engagement BICYCLE MOBILITY NETWORK PRESCRIPTION Network Overview Network Details INFRASTRUCTURE ILLUSTRATIONS Bicycle Boulevard Buttered Bike Lane Multi -Use Sidepath, One Side Oft -Road Multi -Use Trail One -Way Cycle Track, Both Sides Specialized Treatment: Highway Bicycle Route Connection Specialized Treatment: Super Sharrow Specialized Treatment: Recapture Parking / Narrow Street Specialized Treatment: Road Diet Specialized Treatment: Bicycle Route Street Crossing MATRIX OF BEST PRACTICES.wiU.N.O.T.Be.AdnAted.At.Ihis.Tims 66 CASE STUDIES 73 Bike Share 74 Accommodating Bikes on Transit 75 Bike Repair Tool Kiosk 76 School District Representation in Transportation Planning Sate Routes to School (SRTS) Bike Friendly Business Accreditation Program Reducing Car Trips To Schools Employer -driven Incentive Programs Sate Routes To Schools Coalition/Task Force79 Neighborhood Fundi Pedestrian Improvements Special Maintenance Agreements Wayfinding/Bicycle Maps Cyclovia Sate Passage Enforcement Bicycle Diversion Program Reduce Oft -street Parking Requirements 82 Bicycle Counts EXHIBITA INTRODUCTION The personal automobile is no longer the ultimate symbol of personal freedom in modern communities. The percentage of vehicles sold nationwide to people under 35—Millennials—has been falling steadily since early in the 21st century, and data suggest that most aging Baby Boomers would prefer to leave suburbia and the two -car garage behind in favor of a more unencumbered existence. These trends are not lost on leaders in the industrial and technical marketplaces, who carefully evaluate the availability of community amenities, such as transit and bicycle networks, before setting up shop in a new location where they hope to attract and retain the best and brightest. Yet planning for and investing in transportation options in Corpus Christi is about much more than retaining our creative class or inspiring Winter Texansto investin permanent roots. Our transportation network is the vascular system of our community, delivering people and goods to destinations and literally shaping our community in the process. The way in which we move around our community is the single biggest determinant of our quality of life. Our transportation choices impact our daily schedules, our free time, our wallets, even our waistlines. When a community transportation system is designed principally around personal automobiles, the streets, neighborhoods, and shopping areas that we build tend to be scaled for cars ratherthan people, and thus, witho ut meaningto, we build communities that make active mobility—walking and bicycling—the more difficult alternatives. Case in pointless than one percent of children aged 7-15 now ride a bicycle to school, a decrease of more than 60% since the 1970s according to the Surface Transportation Policy Project. On the other hand, the experience of communities in the US and beyond shows that strategic investment—the right infrastructure in the right places—in bicycle and pedestrian infrastructure naturally induces development that is denser and more resource efficient (think main streetvs. strip mall), translating into a higher return on infrastructure investments and more tax revenue per unit of developed land. Transportation is the second largest expense for most households, often accounting for 25% of total income in auto -dependent communities according to the U.S. Department of Transportation. Across the nation, obesity rates have doubled in children and quadrupled in adolescents in the past 30 years according to the Centers for Disease Control and Prevention, and over 20% of our nation's health care costs are attributable to obesity according to the Campaign to End Obesity. Likewise, mobile sources of air pollutants—cars and trucks—have pushed many communities into non -attainment with federal standards ata significant cost in real dollars and public health. Tools to evaluate the quality of life in our communities, such as the Livability Index produced by the American Association of Retired Professionals (AARP) Public Policy Institute, include a variety of measurable metrics related to housing, neighborhoods, public health, environmental quality, and social equity—all of which are influenced by the community's transportation system. As such, investing in mobility options is one of the most direct ways to enhance quality of life in a community, but such investments must be strategic in orderto yield optimal returns in the form of community benefit. In response to the need for a strategic plan to guide such investments, the Corpus Christi Metropolitan Planning Organization (MPO) has undertaken a Strategic Plan for Active Mobility for the urbanized portions of Nueces and San Patricio counties, of which this Bicycle Mobility Plan is Phase I. The MPO receives federal funding to help coordinate and fund transportation projects in the urbanized areas of Nueces and San Patricio counties and has funding dedicated to non -vehicular transportation alternatives. Ultimately, it will be up to the municipalities within the MPO area—Corpus Christi, Portland, and Gregory— and to their partners to construct the infrastructure prescribed in this Bicycle Mobility Plan. Of the hundreds of individuals that our team interviewed or surveyed, the number of respondents—over 70%—who said that they agreed strongly with the vision of a Coastal Bend where walking and biking are integral to the community culture and represent viable, safe mobility and recreation options exceeds the number who said they ride a bike at least once per week by a factor of three! In other words, even non -riders recognize the benefits to our community of infrastructure to support an active lifestyle. Likewise, over70% of respondents also told us that they don't feel safe from vehicles on existing bike facilities. The unmet demand for safe, high quality cycling infrastructure in ourcommunity is clear. EXHIBITA 1 2 PLAN INTENT AND OVERVIEW The M PO's Bicycle Mobility Plan is intended to foster cycling as a meaningful transportation alternative for riders of diverse abilities. This plan was created to alleviate uncertainty about where investments in bicycle infrastructure should be made and how that infrastructure should be designed and maintained. The bicycle mobility network prescribed in this plan was developed with the bike -dependent commuter and casual recreational rider—notthe high-speed sportcyclist—in mind. The planningteam took a blank slate approach to developingthe bicycle mobility network prescribed in this plan, which is designed to enhance access to essential goods and services for all residents of our community. As detailed in the Methods Section (page 6), the team used state-of-the-art mapping software to identify existing and future centers of community activity and to define key connections between them. On average, most individual residences in the urbanized area of Nueces and San Patricio counties are within a two- to five-minute bike ride (on a neighborhood street) from some segment of the new bike mobility network, and the network delivers riders within Y9 mile (about a five-minute walk) of: • 89% (158 of 178) of early education and daycare centers, grade schools (public and private) and higher education campuses • 85%(122 of 143)of parks over two acres in size • 83%(1088 of 1319)oftransit stops and stations • 82%(541 of 657) of low income housing units (Section 8 or Housing TaxCredit properties) • 80%(104 of 130)of groceries, meatand fish markets, bakeries, and cornermarkets • 77%(186 of 242) of pools, senior centers, recreation centers, movie theaters, community pools,fitness centers, museums and hotels On the basis of feedback gathered from the community through interviews, focus groups, and on-line tools, the planning team prioritized a low -stress rider experience and maximal separation between cyclists and cars by using off-road trail segments on stormwater easements wherever possible. Where the bike mobility network corresponds to the street network, the planning team prioritized neighborhood streets with low traffic volumes and speeds. Where the network falls on busier roads, the Plan prescribes alternatives to the standard on -street bike lane, such as separated multi -use sidepath or protected cycle tracks (see Infrastructure Illustrations, page 48) outside of the vehicular travel lanes. The installation of even the most robust, dedicated bicycle infrastructure, which is often separated from the vehicular travel lane to afford the highest level of safety, can represent a meaningful cost savings as compared to maintaining the existing condition of many of our streets. Asphalt pavement designed to support vehicles is much more expensive to build and maintain than hardscape designed only to support bicycles. Where installation of bike infrastructure adjacent to the sidewalk (behind the curb) allows us to eliminate on -street bike lanes and thus narrow roadway width without reducing the number or width of travel lanes the cost of constructing and maintaining the roadway goes down by significantly more than the cost of buildingthe bike infrastructure. In this way, many of the more capital intensive elements of the prescribed bicycle network can be constructed opportunistically over time andwill ultimately help to reduce the overall cost of maintainingour streets. This Bicycle Mobility Plan comprises two major components. Section One, the Network Prescription, details just over 290 miles of network connections: TABLE 1: Bicycle Mobility Network Summary Infrastructure Type Network Miles Percent of Network Low cost/High Impact/Rapid Implementation* *No major capital investment required other than paint and signage Bicycle Boulevard 64 22 Buffered Bike Lane 7 2 Strategic Capital Investments Multi -use Sidepaths 8 3 1 -way Cyde Trades 145 50 Off-road Multi -use Trails (on stormwater and old railroad easements) 66 23 290 Installation of the right infrastructure in the right places is critical to catalyzing the change necessary for walking and biking to become endemic to our community culture, but we also have other means of promotingactive mobilityoptions. Subsequent sections of this plan include: Matrix of Best Practices (page 66), Case Studies (page 73), and Special Topics Narratives (page 83) related to education and encouragement programs, supporting infrastructure, code reform and enforcement, and program evaluation. EXHIBITA VISION, GOALS, AND OBJECTIVES Vision GOAL • The metropolitan area of the Coastal Bend is a place where walking and biking are integral to the community culture and represent viable, safe • mobility and recreation options for residents and visitors of diverse abilities. Develop a cohesive, strategic network of bicycle facilities that accommodates a diversity of riders 0 GOAL Increase the percentage of trips of all typesthat are made by bicycle • Objectives Objectives Provide bicycle facilities that Provide access for residents are appropriate to street in project area to the bike classification, traffic volume, mobility network within two and desired level of safety miles of their homes and service Increase the proportion of Enhance connectivity transit riders who access between community transit by bike activity centers Increase the proportion of Minimize uncertainty about students arriving to bicycle infrastructure design school by bike and cost by establishing standards (by reference) for the design, construction, and maintenance of bicycle facilities GOAL Promote health and wellness through bicycling Objectives Increase the proportion of community members who indicate that they ride a bicycle at least once per week EXHIBITA GOAL Enhance safety for bicyclists 0 • Objectives Decrease the total number of interactions between bikes and cars Increase fixed/permanent messaging (signage) about safe bicycling within the project area Increase the perception of rider safety among the public 3 4 ACKNOWLEDGMENTS Decision makers in the jurisdictions within the MPO boundary—the cities of Corpus Christi, Portland, and Gregory, Nueces and San Patricio counties, the Corpus Christi Regional Transportation Authority (RTA) and the Texas Department of Transportation Corpus Christi District (TxDOT-CRP)—must be commended for their commitment to protecting and enhancing the vibrancy of our region by promoting active mobility options. The highest elected officials and their appointees in each of these jurisdictions, as members of the MPO's Transportation Policy and Technical Advisory Committees, demonstrated great leadership in their resounding support of MPO staff during this planning process. Staff in multiple departments in each municipality followed suit, providing detailed guidance and feedback during the network development and facility selection phases and workingto incorporate the planningteam's recommendations into the design of ongoing roadway projects. The RTA and the City of Corpus Christi deserve special recognition for their financial contributions, which supported specialized consultant teams who provided critical technical assistance to MPO staff. Olivarri and Associates wentto great lengths to engage the full spectrum of stakeholders in the planning process, and HDR Engineering displayed tremendous flexibility in working as a unified team with MPO technical staff to complete the bicycle network development and infrastructure selection portions of this work. The members of the project Steering Committee, each of whom represents an entity that is well positioned to help implement this plan, displayed compelling commitment to this endeavor through their participation in quarterly meetings. This group provided invaluable feedback about the planning process, helping to ensure that the outputs of this work will be put into practice by their respective organizations. These Steering Committee members also served as conduits for information about the bicycle mobility plan to their respective organizations, effectively expanding the web of stakeholders who were invested in this process. The Federal Highway Administration (FHWA) and Federal Transit Administration (FTA) must be acknowledged for their leadership in investing in transportation alternatives. Continued commitment to active mobility at the federal level is one important part of getting more pedestrian and cycling infrastructure on the ground in our community. Above all else, the planning team wishes to recognize and thank the residents of the Coastal Bend for their clear vision and voice. Individuals from all walks and comers of our community took the time to share their priorities and perspectives, all of which were essential to creating a plan that will help meet the fundamental need in our community for expanded mobility options. EXHIBITA 6 METHODS The bicycle mobility network prescribed in this Plan is intended to foster cycling as a meaningful transportation alternative for riders of diverse abilities and to enhance access to essential goods and services for all residents of our community. Thus, as detailed in this section, the planning team undertook a two-part analysis to identify existing and future centers of community activity and to define key connections between them. Once this network had been defined, the planning team undertook a separate two-part analysis to determine exactly what type of infrastructure should be installed on each segment of the network to uphold the level of safety that the community seeks. EXHIBITA Network Development Community Hotspot Analysis The planning team used Geographic Information Systems (GIS) to map the location of primary destinations—those placesthat shape our daily travel—inthe project area: TABLE 2: Primary Destinations Used to Identify Hubs of Community Activity Primary Destinations Description Schools Early childhood education and daycare centers, elementary/middle/high schools (public and private), higher education campuses Low Income Housing Section 8 or Housing Tax Credit properties Transit Bus stops, Bike Hoardings and Transit stations Food Markets Grocery stores; bakeries; meat, fish, and produce markets; corner store markets Recreation and Tourism Hotels, fitness centers, senior centers, community centers, pools, movie theaters, museums Parks Larger than 2 acres Civic Institutions City Hall, post offices, public libraries, municipal courts, court houses The team also considered other supplemental data about how residents currently move around the community: TABLE 3: Supplemental Data Used to Identify Hubs of Community Activity Supplemental Data Description Travel Demand Model Origin/Destination Data Data (per Census 2010) about where (in terms of census blocks) car trips begin and end in the community Population and Employment Density Relative density of population and employment; areas with higher density of population and employment tend to be more urban and thus more likely to support trips by bicycle Employment to Population Ratio Relative balance of employment opportunities to population density; areas with a ratio closer to 1:1 represent the availability of employment opportunities in close geographic proximity to commensurate population density, thus increasing the likelihood of trips being made by bicyde rather than personal automobile Zero Car Households Location of zero car households (2009-2013 American Community Survey Syr Estimates); zero car households are inherently dependent on other modes of travel, such as cycling, walking and transit Bike to Work Location (residences) of individuals that uses bicyde as means of commuting (2009-2013 American Community Survey 5 -yr Estimates) City of Corpus Christi Destination Nodes Nine Destination Nodes—areas that are pre -disposed for redevelopment as compact, efficient, community centers—were identified in the City's 2011 Integrated Community Sustainability Plan Once the Primary Destinations (Table 2, above) and Supplemental Data (Table 3, above) had been mapped, the planning team created four concentric buffer rings around each destination. The area inside the tightest buffer ring—a 0.25 mile radius around the destination—was weighted most heavily; the area inside each successive 0.25 mile ring was assigned a lesser weighting, where the outer buffer ring (i.e. the area between 0.75 mile and 1 mile around the destination) received the lowestscore. The team then aggregated the scores between overlapping buffer rings to create a heat map (Figure 1) of the community, where the warmest colors represent the highest scores and depict the greatest concentration of primarydestinations. Figure 1: Heat map of the project area, where warm colors depict hubs of community activity as defined by a concentration of key destinations such as schools, food markets, parks, civic institutions, transit stops, low income housing locations, employment centers, and population centers. EXHIBITA METHODS 7 Bicycle Route Selection Once the heat map of community activity centers had been finalized, the planning team examined each of the high scoring (red) areas and assigned individual routing points—points to be connected to create the bike network within each hotspot on the basis of land use, traffic movements, and local knowledge. The team also identified appropriate locations to create routing connections across major arterials and highways and assigned routing points accordingly. The team then used a specialized tool within the GIS platform called Network Analyst to identify connections between the routing points (i.e., to define connections between key locations). To guide this preliminary network development, the team defined parameters that reflected community members' priorities ascaptured through stakeholder engagement activities, including: 1. Off-road trail connections (existing or proposed) were prioritized over routes that followed the street network. Community members indicated that, where possible, they prefer to cycle as far from vehicles as possible. Likewise, there are locations in the project area where off-road trails along stormwater easements or abandoned rail easements afford a much more direct connection between key destinations than existing roadways. 2. Neighborhood streets and minor collectors were prioritized over busier roadways. Community members expressed strong preference for a low stress bike network on streets with low traffic volumes and speeds. What's more, when such streets are designated as Bicycle Boulevards (see Infrastructure Illustrations) the infrastructure (paint and signage) required to keep cyclists safe is much less capital intensive than that required on larger/busier streets. 3. Streets that pass through the orange areas of the heat map (Figure 1, page 7)—i.e. through areas that are on the edge of or adjacent to activity centers—were prioritized over streetsthat run right through the heart of an activity center or through areas with a very low concentration of destinations (cool colors on the heat map). The confluence of traffic and land uses atthe heart of the community hotspots create unsafe conditions for cyclists, so it is safer to route cyclists within a block or two of these destinations and then let them navigate the last block or two (potentially on foot). Once connections between community activity centers had been identified to create a preliminary bicycle mobility network, the planning team reviewed each segment, using data (Table 4) about how folks currently move around our community by bike to validate and refine the preliminary network: 8 METHODS TABLE 4: Stakeholder Bicycle Route Data Used to Validate the Bicycle Mobility Network Data Description Stakeholder Participation Routes As part of the planning process, community members used the MAP IT! application on the project website to record where they ride or would like to ride if conditions improved The planning team encouraged community members to download and use Strava Commuter Routes the smartphone application Strava to track various details of their rides; the team aggregated all Strava data for the project area Sport Routes for Road Bikes As part of a previous project, MPO staff had mapped the top sport routes for road bikes based on input from local cycling clubs' members Bicycle Infrastructure Facility Selection Once the preliminary bicycle mobility network had been thoroughly vetted (see Stakeholder Engagement, page 9) and refi ned accordingly, the planning team identified the type of infrastructure (see Infrastructure Illustrations, page 48) that should be installed on each segment of the network to uphold the level of safety that the community seeks. The team began by compiling primary and secondary data for every segment in the network: TABLE 5: Primary Data Collected for all Bicycle Mobility Network Segments Primary Segment Data Daily traffic volumes for cars and trucks Posted speed TABLE 6: Secondary Data Collected for all Bicycle Mobility Network Segments Secondary Segment Data Right-of-way width Shoulder width and material Number of driveways Number of travel lanes Presence of curb and gutter Presence, type, and relative utilization of on -street parking EXHIBITA On the basis of vehicular traffic volume and speed (Primary Segment Data), the team used a specialized model to assign each segment in the network to one of three bicycle infrastructure categories, wherein the intensity of the infrastructure category is a function of the intensity of the street: Motor Vehicle Speed (MPH) 30 35 40 45 50 55 60 400 600 800 1000 r!r On -Street Bike Lane Mixed Bike and Vehicle Traffic Separated Bike Facility 1200 - Figure 2: Bicycle Infrastructure Categories as a Function of Traffic Volumes and Speeds Source: HDR Engineering Mixed Bike and Vehic e Traffic: On low traffic volume and/or low speed (generally < 25 MPH) streets, bicycles and cars can safely co -mingle. The specific type and combination of lane markings and signage area function of the particular characteristics of the roadway. On -street Bike lane: On streets with moderate traffic speeds and volumes, a dedicated lane is necessary to create a division between motorists and cyclists. Relatively higher traffic speeds and/or volumes within this infrastructure category may necessitate a visual buffer between the bike and vehiculartravel lanes. Separated Bicycle Facility: The busiest class of roadways require a physical separation between motorists and cyclists. Depending on the context, protected bike facilities may take the form of cycle tracks or multi -use sidepaths and may be specified either inside the roadway right-of-way or behind the curb atsidewalk level. Working with the model, the team next used the Secondary Segment Data (Table 6, page 8) to identify specifically which type of infrastructure (see Infrastructure Illustrations, page 48) is appropriate on each segment to uphold the target level of safety and service. Stakeholder Engagement Stakeholder engagement for this bicycle mobility plan began in the spring of 2015 with the formation of a Project Steering Committee comprising delegates from each of the local governmental, agency, and private entities that may ultimately contribute, directly or indirectly, to the implementation of this plan. In addition to numerous vetting meetings about specific portions of the plan with subsets of the Steering Committee over the course of the project, the planning team convened the entire Steering Committee on three occasions to getfeedback on analytical methods and preliminary results. The planning team employed a wide range of strategies to engage community members from the full spectrum of geographic, socioeconomic, demographic, and cultural perspectives. The project Website, www.CoastalBendlnMotion.org, providedthree ways for participants to give input: MAP IT! A Web application that enabled individuals to show the planning team where they ride or would like to ride if conditions improved TRACK IT! A downloadable smartphone application, Strava, allowed users to automatically record speed, distance, and other data every time they took a bike ride. The planning team used these data to prioritize potential routes in the new bike network ANSWER IT! A very short on-line survey captured community members' priorities for cycling related safety and education programs, policies, and supporting facilities The planning team included a consulting team (Olivarri and Associates, O&A) dedicated to direct, in- person engagement to compliment information gathered through the project Web portal. O&A developed a database of potential outreach destinations, community events, key contacts, and community groups to track the public engagement process. The team categorized database entries by geographic location, customer or clientele base, and the type of entity that each locale represented, and this database was updated throughout the project as new events were identified and contacts made. The O&A team captured details about who performed the outreach and whether interviews were conducted orflyers passed, along with notes about the experience. EXHIBITA METHODS 9 Rather than rely on traditional town meeting style events, wherein community members must disrupt their schedule to attend and participate, team members attended community events and regularly scheduled meetings for a diverse range of community groups. The team developed an interview protocol, based on the ANSWER ITI on-line survey described above, for use as a tool when initiating conversations with citizens at events about theirlevel of interest in and priorities for cyclingfacilities and programs. These one-on-one interviews yielded great information about individuals' bicycling habits, sentiments about existing cycling infrastructure, and ideas for improvement. The interviewer included certain demographic questionsto determine the participant's age, gender, studentstatus, and zip code. Safety was the overwhelming theme in these interviews, and most respondents indicated that they do not feel safe riding in the street—even in a conventional (unbuffered) bike lane—because of aggressive drivers. Respondents also frequently cited the accumulation of debris in on -street bike lanes as an issue with current infrastructure. Most participants were supportive of the planning effort and indicated that having a safer, more connected bicycle networkwould be an assetto the city. Those who did not support the idea cited equity, or a lack of faith in equal dispersal of the project's benefits throughout the city, as well as concerns about fundingfor implementation and maintenance. In addition to one-on-one interviews, the team hosted a handful of focus groups with key stakeholder groups as a means of seeking input on the project. The MPO planning team used the information collected through these interviews and focus groups to guide the best practice recommendations that are included in the Matrix of Best Practices section of this plan. The team also passed out flyers and posters at local businesses and organizations in various neighborhoods to promote awareness of the planning process and the opportunities to engage. Likewise, team members attached bicycle packets containing flyers to bicycle racks throughout the city to increase awareness among local cyclists. 10 METHODS TABLE 7: Summary of Community Engagement Engagement Strategy Meetings of full Project Steering Commi[tee3 Number Conducted Additional Details Appendix On-line survey responses collected 220 Appendix B Bike trips logged via Strava smartphone app (May -Oct 2015) 8353 (730 unique riders) — - Bike routes logged via MAP IT! Web app 200 (99 unique users) Presentations given 26 Appendix D Community events attended 15 Appendix E Leaflets and posters distributed 900+ Appendix F One-on-one interviews conducted 50 Appendix 6 Focus groups hosted5 • Industry • Business owners • Roadway design engineers • RTA operators • Corpus Christi Police Dept. Targeted vetting of preliminary network 11 Appendixes EXHIBITA 12 BICYCLE MOBILITY NETWORK PRESCRIPTION On the basis of feedback gathered from the community through interviews, focus groups, and on-line tools, the planning team prioritized a low -stress rider experience and maximal separation between cyclists and cars by using off-road trail segments on stormwater easements wherever possible. Where the bike network corresponds to the street network, the planning team prioritized neighborhood streets with low traffic volumes and speeds. Where the network falls on busier roads, the team identified alternatives to the standard on -street bike lane, such as separated multi -use paths or protected cycle tracks outside of the vehicular travel lanes. On average, most individual residences in the urbanized area of Nueces and San Patricio counties are within a two to five minute bike ride (on a neighborhood street) from some segment of the network, and the network delivers riders within 1/4 mile (about a 5 -minute walk) of: 1 89% (158 of 178) of early education and daycare centers, grade schools (public and private) and higher education campuses 1 85% (122 of 143) of parks over two acres in size 1 83% (1088 of 1319) of transit stops and stations 1 82% (541 of 657) of low income housing units (Section 8 or Housing Tax Credit properties) 1 80% (104 of 130) of groceries, meat and fish markets, bakeries, and corner markets 1 77% (186 of 242) of pools, senior centers, recreation centers, movie theaters, community pools, fitness centers, museums and hotels EXHIBITA KEY MAP BICYCLE MOBILITY NETWORK OVERVIEW On Roadway Network* On Roadway Network* (Proposed) Off -Road Multi -use Trail *On Roadway Network does not necessarily mean in the street; please see detailed network maps and Infrastructure Illustrations, page 48. Supplemental Specialized Treatments are listed inTable 8, page 47. 13 INFRASTRUCTURE Low Cost/Rapid Implementation Bike Boulevard Bike Boulevard as Transitional Treatment Buffered Bike Lane Buffered Bike Lane as Transitional Treatment Multi -use Sidepath (one side) as Transitional Treatment Strategic Capital Investment 1 -way Cyde Trade )both sides) Multi -use Sidepath (one side); pink indicates side of street on which facility should be installed Off Road Multi -use Trail Specialized Treatments Mid -block crossing location Supplemental Specialized Treatments are listed in Table 8, page47. NORTH 14 Abt a' Ave -Dell St Sana Dr O 2 fJh • Llauu Or P OrrilTicd 8.u1 peso Dr L C! Park Iftteces XHIBIT A A2 INFRASTRUCTURE Low Cost/Rapid Implementation Bike Boulevard Bike Boulevard as Transitional Treatment Buffered Bike Lane Buffered Bike Lane as Transitional Treatment Multiuse Sidepath (one side) as Transitional Treatment Strategic Capital Investment 1 -way Cyde Track )both sides) Multiuse Sidepath Ione side); pink indicates side of street on which facility should be installed Off Road Multi -use Trail Specialized Treatments Mid -block crossing location Supplemental Specialized Treatments are listed inTable 8, page 47. NORTH 15 INFRASTRUCTURE Low Cost/Rapid Implementation Bike Boulevard Bike Boulevard as Transitional Treatment Buffered Bike Lane Buffered Bike Lane as Transitional Treatment Multi -use Sidepath (one side) as Transitional Treatment Strategic Capital Investment 1 -way Cyde Trade )both sides) Multi -use Sidepath (one side); pink indicates side of street on which facility should be installed Off Road Multi -use Trail Specialized Treatments Mid -block crossing location Supplemental Specialized Treatments are listed in Table 8, page47. NORTH 16 EXHIBITA Bl INFRASTRUCTURE Low Cost/Rapid Implementation Bike Boulevard Bike Boulevard as Transitional Treatment Buffered Bike Lane Buffered Bike Lane as Transitional Treatment Multi -use Sidepath (one side) as Transitional Treatment Strategic Capital Investment 1-wCdTrack )bothay sidyes)e Multi -use Sidepath Ione side); pink indicates side of street on which facility should be installed Off Road Multi -use Trail Specialized Treatments /�. Mid -block crossing location Supplemental Specialized Treatments are listed inTable 8, page 47. NORTH 17 C 1 INFRASTRUCTURE Low Cost/Rapid Implementation Bike Boulevard Bike Boulevard as Transitional Treatment Buffered Bike Lane Buffered Bike Lane as Transitional Treatment Multi -use Sidepath (one side) as Transitional Treatment Strategic Capital Investment 1 -way Cyde Trade )both sides) Multi -use Sidepath (one side); pink indicates side of street on which facility should be installed Off Road Multi -use Trail Specialized Treatments Mid -block crossing location Supplemental Specialized Treatments are listed in Table 8, page47. NORTH 18 C2 B1 Joe Fulton Intl:trade C3 C2 INFRASTRUCTURE Low Cost/Rapid Implementation Bike Boulevard Bike Boulevard as Transitional Treatment Buffered Bike Lane Buffered Bike Lane as Transitional Treatment Multi -use Sidepath (one side) as Transitional Treatment Strategic Capital Investment 1 -way Cyde Track )both sides) Multiuse Sidepath Ione side); pink indicates side of street on which facility should be installed Off Road Multi -use Trail Specialized Treatments Mid -block crossing location Supplemental Specialized Treatments are listed inTable 8, page 47. NORTH 19 C3 INFRASTRUCTURE Low Cost/Rapid Implementation Bike Boulevard Bike Boulevard as Transitional Treatment Buffered Bike Lane Buffered Bike Lane as Transitional Treatment Multi -use Sidepath (one side) as Transitional Treatment Strategic Capital Investment 1)bowth sides) -ay Cyde Track Multi -use Sidepath (one side); pink indicates side of street on which facility should be installed Off Road Multi -use Trail TBD: Corridor study recommended Specialized Treatments Mid -block crossing location Supplemental Specialized Treatments are listed in Table 8, page47. 20 NORTH Jyi •Nhataburger �_ field _ 161 ifH 361 Row -NE II 7-S 1 37-N Corp us Christi °zm B1 C3 D3 XHIBITA S a:fvick Kd Dl INFRASTRUCTURE Low Cost/Rapid Implementation Bike Boulevard Bike Boulevard as Transitional Treatment Buffered Bike Lane Buffered Bike Lane as Transitional Treatment Multi -use Sidepath (one side) as Transitional Treatment Strategic Capital Investment 1 -way Cyde Track )both sides) Multiuse Sidepath Ione side); pink indicates side of street on which facility should be installed Off Road Multi -use Trail Specialized Treatments Mid -block crossing location Supplemental Specialized Treatments are listed inTable 8, page 47. NORTH 21 INFRASTRUCTURE Low Cost/Rapid Implementation Bike Boulevard Bike Boulevard Transitional Treatment Buffered Bike Lane Buffered Bike Lane as Transitional Treatment Mu Sidepath (one side) as Transitional Treatment Strategic Capital Investment 1"" 1): 2Z) Track )both Mu Sidepath (one side); pink indicates side of street on which facility should be installed Off Road Multi -use Trail Specialized Treatments Mid -block crossing location Supplemental Specialized Treatments are listed in Table 8, page47. NORTH 22 Cl D1 - e i j6 (5, . ', ,,,:.' ,..-,,' ••-.• al, Park 54 C2 .5, Ago. Butt.. St I (-737 SIL 91 soutrwietri Dr 133allEottarcs seethes. Aane' Sr D2 ht r e Sr SAD St Lar f9 95 A4r, SI- C'a 77, Mo ro St 0.; 011yains Park Caftfl ristus Spc,hn 1,, prtal-Memerial 1,403155 - Bert Fad. C C D3 INFRASTRUCTURE Low Cost/Rapid Implementation Bike Boulevard Bike Boulevard as Transitional Treatment Buffered Bike Lane Buffered Bike Lane as Transitional Treatment Multi -use Sidepath (one side) as Transitional Treatment Strategic Capital Investment 1 -way Cyde Track (both sides) Multi -use Sidepath (one side); pink indicates side of street on which facility should be installed Off Road Multi -use Trail TBD: Corridor study recommended Specialized Treatments Mid -block crossing location Supplemental Specialized Treatments are listed in Table 8, page47. NORTH 23 El INFRASTRUCTURE Low Cost/Rapid Implementation Bike Boulevard Bike Boulevard as Transitional Treatment Buffered Bike Lane Buffered Bike Lane as Transitional Treatment Multi -use Sidepath (one side) as Transitional Treatment Strategic Capital Investment 1 -way Cyde Trade )both sides) Multi -use Sidepath (one side); pink indicates side of street on which facility should be installed Off Road Multi -use Trail Specialized Treatments Mid -block crossing location Supplemental Specialized Treatments are listed in Table 8, page47. NORTH 24 D1 oy I8 M LLL E2 INFRASTRUCTURE Low Cost/Rapid Implementation Bike Boulevard - Bike Boulevard as Transitional - Treatment Buffered Bike Lane Buffered Bike Lane as Transitional Treatment Multi -use Sidepath (one side) as Transitional Treatment Strategic Capital Investment 1 -way Cyde Track (both sides) MuIti-use Sidepath (one side); pink indicates side of street on which facility should be installed Off Road Multi -use Trail TBD: Corridor study recommended Seatments Mid -block crossing location Sup al Specialized Treatments are list : m Table 8, page47. NORTH 25 Fl INFRASTRUCTURE Low Cost/Rapid Implementation Bike Boulevard Bike Boulevard as Transitional Treatment Buffered Bike Lane Buffered Bike Lane as Transitional Treatment Multi -use Sidepath (one side) as Transitional Treatment Strategic Capital Investment 1 -way Cyde Trade )both sides) Multi -use Sidepath (one side); pink indicates side of street on which facility should be installed Off Road Multi -use Trail Specialized Treatments Mid -block crossing location Supplemental Specialized Treatments are listed in Table 8, page47. NORTH 26 F2 INFRASTRUCTURE Low Cost/Rapid Implementation Bike Boulevard Bike Boulevard Transitional Treatment Buffered Bike Lane Buffered Bike Lane as Transitional Treatment Multi -use Sidepath (one side) as Transitional Treatment Strategic Capital Investment 1 -way Cyde Trads )both sides) Multi -use Sidepath (one side); pink indicates side of street on which facility should be installed Off Road Multi -use Trail TDD: Corridor study recommended Specialized Treatments Mid -block crossing location Supplemental Specialized Treatments are listed in Table 8, page47. NORTH 27 F3 INFRASTRUCTURE Low Cost/Rapid Implementation Bike Boulevard Bike Boulevard as Transitional Treatment Buffered Bike Lane Buffered Bike Lane as Transitional Treatment Multi -use Sidepath (one side) as Transitional Treatment Strategic Capital Investment 1 -way Cyde Track (both sides) Multi -use Sidepath (one side); pink indicates side of street on which facility should be installed Off Road Multi -use Trail TBD: Corridor study recommended Specialized Treatments Mid -block crossing location Supplemental Specialized Treatments are listed in Table 8, page47. 28 NORTH G1 INFRASTRUCTURE Low Cost/Rapid Implementation Bike Boulevard Bike Boulevard as Transitional Treatment Buffered Bike Lane Buffered Bike Lane as Transitional Treatment Multi -use Sidepath (one side) as Transitional Treatment Strategic Capital Investment 1 -way Cyde Track )both sides) Multiuse Sidepath Ione side); pink indicates side of street on which facility should be installed Off Road Multi -use Trail Specialized Treatments Mid-blockcrossing location Supplemental Specialized Treatments are listed inTable 8, page 47. NORTH 29 G2 INFRASTRUCTURE Low Cost/Rapid Implementation Bike Boulevard Bike Boulevard as Transitional Treatment Buffered Bike Lane Buffered Bike Lane as Transitional Treatment Multi -use Sidepath (one side) as Transitional Treatment Strategic Capital Investment 1 -way Cycle Track (both sides) Multi -use Sidepath (one side); pink indicates side of street on which facility should be installed Off Road Multi -use Trail Specialized Treatments Mid -block crossing location Supplemental Specialized Treatments are listed in Table 8, page47. 30 NORTH G3 INFRASTRUCTURE Low Cost/Rapid Implementation Bike Boulevard Bike Boulevard Transitional Treatment Buffered Bike Lane Buffered Bike Lane as Transitional Treatment Multi -use Sidepath (one side) as Transitional Treatment Strategic Capital Investment 1 -way Cyde T'd` )both sides) Multi -use Sidepath (one side); pink indicates side of street on which facility should be installed Off Road Multi -use Trail TDD: Corridor study recommended Specialized Treatments Mid -block crossing location Supplemental Specialized Treatments are listed in Table 8, page47. NORTH 31 G4 INFRASTRUCTURE Low Cost/Rapid Implementation Bike Boulevard Bike Boulevard as Transitional Treatment Buffered Bike Lane Buffered Bike Lane as Transitional Treatment Multi -use Sidepath (one side) as Transitional Treatment Strategic Capital Investment 1 -way Cyde Trade )both sides) Multi -use Sidepath (one side); pink indicates side of street on which facility should be installed Off Road Multi -use Trail TBD: Corridor study recommended Specialized Treatments Mid -block crossing location Supplemental Specialized Treatments are listed in Table 8, page47. 32 NORTH CR -22 — 22 I cul r CR -20A— - - — 8m —S Staples -SI Hl INFRASTRUCTURE Low Cost/Rapid Implementation Bike Boulevard Bike Boulevard as Transitional Treatment Buffered Bike Lane Buffered Bike Lane as Transitional Treatment Multi -use Sidepath (one side) as Transitional Treatment Strategic Capital Investment 1 -way Cyde Track )both sides) Multiuse Sidepath Ione side); pink indicates side of street on which facility should be installed Off Road Multi -use Trail Specialized Treatments Mid -block crossing location Supplemental Specialized Treatments are listed inTable 8, page 47. NORTH 33 INFRASTRUCTURE Low Cost/Rapid Implementation Bike Boulevard Bike Boulevard as Transitional Treatment Buffered Bike Lane Buffered Bike Lane as Transitional Treatment Multi -use Sidepath (one side) as Transitional Treatment Strategic Capital Investment 1 -way Cyde Trade (both sides) Multi -use Sidepath (one side); pink indicates side of street on which facility should be installed Off Road Multi -use Trail Specialized Treatments Mid -block crossing location Supplemental Specialized Treatments are listed in Table 8, page47. NORTH 34 H3 INFRASTRUCTURE Low Cost/Rapid Implementation Bike Boulevard Bike Boulevard as Transitional Treatment Buffered Bike Lane Buffered Bike Lane as Transitional Treatment Molti-use Sidepath (one side) as Transitional Treatment Strategic Capital Investment 1 -way Cyde Track )both sides) Multi -use Sidepath Ione side); pink indicates side of street on which facility should be installed Off Road Multi -use Trail Specialized Treatments Mid -block crossing location Supplemental Specialized Treatments are listed inTable 8, page 47. NORTH 35 H4 INFRASTRUCTURE Low Cost/Rapid Implementation Bike Boulevard Bike Boulevard as Transitional Treatment Buffered Bike Lane Buffered Bike Lane as Transitional Treatment Multi -use Sidepath (one side) as Transitional Treatment Strategic Capital Investment 1 -way Cyde Track )both sides) Multi -use Sidepath (one side); pink indicates side of street on which facility should be installed Off Road Multi -use Trail Specialized Treatments Mid -block crossing location Supplemental Specialized Treatments are listed in Table 8, page47. 36 NORTH 13 EXHIBITA O O BII Witt Park H3 Rcad b I1 Oso Creek Park Pkwy (p_r2po�ad) 5n INFRASTRUCTURE Low Cost/Rapid Implementation Bike Boulevard Bike Boulevard as Transitional Treatment Buffered Bike Lane Buffered Bike Lane as Transitional Treatment Multi -use Sidepath (one side) as Transitional Treatment Strategic Capital Investment 1 -way Cyde Track )both sides) Multiuse Sidepath Ione side); pink indicates side of street on which facility should be installed Off Road Multi -use Trail Specialized Treatments Mid -block crossing location EXHIBITA Supplemental Specialized Treatments are listed inTable 8, page 47. NORTH 37 I2 INFRASTRUCTURE Low Cost/Rapid Implementation Bike Boulevard Bike Boulevard as Transitional Treatment Buffered Bike Lane Buffered Bike Lane as Transitional Treatment Multi -use Sidepath (one side) as Transitional Treatment Strategic Capital Investment 1 -way Cyde Track )both sides) Multi -use Sidepath (one side); pink indicates side of street on which facility should be installed Off Road Multi -use Trail Specialized Treatments Mid -block crossing location Supplemental Specialized Treatments are listed in Table 8, page47. NORTH 38 EXHIBITA I3 INFRASTRUCTURE Low Cost/Rapid Implementation Bike Boulevard Bike Boulevard as Transitional Treatment Buffered Bike Lane Buffered Bike Lane as Transitional Treatment Multi -use Sidepath (one side) as Transitional Treatment Strategic Capital Investment 1 -way Cyde Track )both sides) Multiuse Sidepath Ione side); pink indicates side of street on which facility should be installed Off Road Multi -use Trail Specialized Treatments Mid -block crossing location Supplemental Specialized Treatments are listed inTable 8, page 47. NORTH 39 I4 INFRASTRUCTURE Low Cost/Rapid Implementation Bike Boulevard Bike Boulevard as Transitional Treatment Buffered Bike Lane Buffered Bike Lane as Transitional Treatment Multi -use Sidepath (one side) as Transitional Treatment Strategic Capital Investment 1 -way Cyde Track )both sides) Multi -use Sidepath (one side); pink indicates side of street on which facility should be installed Off Road Multi -use Trail Specialized Treatments Mid -block crossing location Supplemental Specialized Treatments are listed in Table 8, page47. NORTH 40 I2 EXHIBITA Jl INFRASTRUCTURE Low Cost/Rapid Implementation Bike Boulevard Bike Boulevard as Transitional Treatment Buffered Bike Lane Buffered Bike Lane as Transitional Treatment Multi -use Sidepath (one side) as Transitional Treatment Strategic Capital Investment 1 -way Cyde Track )both sides) Multiuse Sidepath Ione side); pink indicates side of street on which facility should be installed Off Road Multi -use Trail Specialized Treatments Mid -block crossing location Supplemental Specialized Treatments are listed inTable 8, page 47. NORTH 41 J2 INFRASTRUCTURE Low Cost/Rapid Implementation Bike Boulevard Bike Boulevard as Transitional Treatment Buffered Bike Lane Buffered Bike Lane as Transitional Treatment Multi -use Sidepath (one side) as Transitional Treatment Strategic Capital Investment 1 -way Cyde Track )both sides) Multi -use Sidepath (one side); pink indicates side of street on which facility should be installed Off Road Multi -use Trail Specialized Treatments Mid -block crossing location Supplemental Specialized Treatments are listed in Table 8, page47. NORTH 42 lie+vksne_d Bay or2 F.jalernest hay 0, Off Road Multi -use Trail ends at Padre Island National Seashore EXHIBITA K1 INFRASTRUCTURE Low Cost/Rapid Implementation Bike Boulevard Bike Boulevard as Transitional Treatment Buffered Bike Lane Buffered Bike Lane as Transitional Treatment Multi -use Sidepath Mne side) as Transitional Treatment Strategic Capital Investment 1 -way Ccles) Track (both sidye Multi-use Sidepath (one side); pink indicates side of street on which facility should be installed Off Road Multi -use Trail Specialized Treatments Mid -block crossing location Supplemental Specialized Treatments are listed inTable 8, page 47. NORTH 43 K2 INFRASTRUCTURE Low Cost/Rapid Implementation Bike Boulevard Bike Boulevard as Transitional Treatment Buffered Bike Lane Buffered Bike Lane as Transitional Treatment Multi -use Sidepath (one side) as Transitional Treatment Strategic Capital Investment 1 -way Cyde Track )both sides) Multi -use Sidepath (one side); pink indicates side of street on which facility should be installed Off Road Multi -use Trail Specialized Treatments Mid -block crossing location Supplemental Specialized Treatments are listed in Table 8, page47. NORTH 44 Y Ln: a Or rthwest-BIvtl. - 3m Fier HiIL ( entry _lub _ Multi -use Sidepath (one side) ends at Labonte Park K2 EXHIBITA atZtuaze 11 INFRASTRUCTURE Low Cost/Rapid Implementation Bike Boulevard Bike Boulevard as Transitional Treatment Buffered Bike Lane Buffered Bike Lane as Transitional Treatment Multi -use Sidepath (one side) as Transitional Treatment Strategic Capital Investment 1 -way Cyde Track )both sides) Multi -use Sidepath Ione side); pink indicates side of street on which facility should be installed Off Road Multi -use Trail Specialized Treatments Mid -block crossing location Supplemental Specialized Treatments are listed inTable 8, page 47. NORTH 45 L2 INFRASTRUCTURE Low Cost/Rapid Implementation Bike Boulevard Bike Boulevard Transitional Treatment Buffered Bike Lane Buffered Bike Lane as Transitional Treatment Mu Sidepath (one side) as Transitional Treatment Strategic Capital Investment ?atally Cycle Tra ds Multi -use Sidepath (one side); pink indicates side of street on which facility should be installed Off Road Mulli-use Trail Specialized Treatments Mid -block crossing location Supplemental Specialized Treatments are listed in Table 8, page47. 46 NORTH 4'4 Hart Cemetery re'T Jadoe Eden 4 Ce 23e ..,,,,.. v Fr. rr44,,, ''.i.,, •7 12 Annaville ?, 7 .± ,.,\'' S.,, %,,,, C utp rkit V!, _ ''',, o 11 • • • • ,s‘ ,,ade-Corndo,' 41 .13 fes Costal Bend State Vet erans Cemetery Neto D -Mallard Dr —- `4„„„ (none, 8; r.1 in• wood CMEE0 pprIrCwaiMelaCla I EXHIBIT A Weal Guth Park Curew Err ,...011kins Dr SUPPLEMENTAL SPECIALIZED TREATMENTS* TABLE 8: Supplemental Specialized Treatments Specialized Treatments Street Name From To Transitional Infrastructure Prescription Final Infrastructure Prescription Reduce Lane dvel Lane Width** Up River Rd. Deer Run a trt ance Park trance Buffered Bike Lane N/A Bison Dr. (Prop) 1 -Way Cycle Track, both sides N/A Bloomington St. Archdale Dr. Columbia St. Super Sharrow N. Port Ave. Mesquite St. Broadway St. Bike Boulevard N/A N/A Buford St. 6th St. Shoreline Blvd. 1 -Way Cycle Track, both sides N/A Road Diet Alameda St. Ayers St. Louisiana Ave 1 -Way Cycle Track, both sides N/A Golihar Rd. Staples St. Airline Rd. 1 -Way Cycle Track, both sides N/A 519th St. Morgan Ave. Prescott St. Buffered Bike Lane N/A 5 Gregory St. 4th St. Church St. 1 -Way Cycle Trails, both sides Buffered Bike Lane Spohn Dr. South Saratoga Blvd. Parkway Dr. 1 -Way Cycle Trak both sides Buffered Bike Lane Violet Rd. Starlite Ln. Willowood Ck. Dr. Sidepath, 1 side N/A Violet Rd. Windsor St. Timbergrove Ln. 1 -Way Cycle Track, both sides N/A Akins Dr. Wildcat Dr. 1 -Way Cycle Trak both sides Buffered Bike Lane Loire Blvd. Gingerberry Dr. Recapture Parking, 1 Side Broadway Blvd. Ayers St. Louisiana Ave 1 -Way Cycle Track, both sides N/A Brockhampton St. Staples St. Airline Rd. 1 -Way Cycle Trails, both sides Bike Boulevard Carroll tn. Holly Rd. Brawner Pkwy 1 -Way Cycle Track, both sides N/A Cedar Pass Dr. Tiger Ditch Everhart Rd. 1 -Way Cycle Trails, both sides N/A McArthur St. Horne Rd. Belton St. 1 -Way Cycle Trails, both sides N/A Oso Pkwy Yorktown Blvd. S. Staples St. 1 -Way Cycle Track, both sides N/A Oso Pkwy Bar -Le -Doc Dr. Lens Dr. 1 -Way Cycle Trails, both sides N/A Purdue Rd. Retia Dr. Waldron Rd. 1 -Way Cycle Track, both sides N/A Timbergate Dr. Hunt Dr. 5. Staples St. 1 -Way Cycle Track, both sides N/A Treyway Ln. Holly Rd. Williams Dr. 1 -Way Cycle Track, both sides N/A Trojan Dr. Greenwood Dr. Castenon St. 1 -Way Cycle Track, both sides N/A 1 -Way Cycle Trails, both sides N/A Recapture Parking, Both Sides River Hill Dr. Northwest Blvd. Red River Dr. Buffered Bike Lane N/A Specialized Treatments Reduce Street Width** Street Name Beach Ave. From W. Causeway Blvd. To Timon Blvd. Transitional Infrastructure Prescription 1 -Way Cycle Track, both sides Final Infrastructure Prescription N/A Betty Jean Dr. Williams Dr. Holly Rd. 1 -Way Cycle Track, both sides Buffered Bike Lane Bison Dr. Cimarron Blvd. Bison Dr. (Prop) 1 -Way Cycle Track, both sides N/A Bloomington St. Archdale Dr. Columbia St. 1 -Way Cycle Track, both sides N/A Booty St. Alameda St. Santa Fe St. 1 -Way Cycle Trak both sides N/A Buford St. 6th St. Shoreline Blvd. 1 -Way Cycle Track, both sides N/A Comanche St. 19th St. Artesian St. Sidepath, 1 side N/A Comanche St. Palm Dr. 19th St. 1 -Way Cycle Trak both sides Buffered Bike Lane Daniel Moore Ave. Denver St. Wildcat Dr. 1 -Way Cycle Track, both sides N/A Dry Creek Dr. E. Riverview St. Rapids Dr. Sidepath, 1 side N/A Gingerberry Dr. Loire Blvd. Lipes Blvd. 1 -Way Cycle Trails, both sides N/A Grenoble Dr. Strasbourg Dr. Cimarron Blvd. 1 -Way Cycle Trak both sides N/A Hunt Dr. Long Meadow Dr. Timbergate Dr. 1 -Way Cycle Track, both sides Buffered Bike Lane Lang Rd. Akins Dr. Wildcat Dr. 1 -Way Cycle Trak both sides Buffered Bike Lane Loire Blvd. Gingerberry Dr. Beauvais Dr. 1 -Way Cycle Trak both sides N/A Long Meadow Dr. Saint Andrew's Hunt Dr. 1 -Way Cycle Track, both sides Buffered Bike Lane Midd lecoff Dr. Player St. Long Meadow Dr. 1 -Way Cycle Trak both sides Buffered Bike Lane N. Gregory Rd. Fresnos St. 4th St. 1 -Way Cycle Track, both sides N/A Palm Dr. Lipan St. Comanche St. 1 -Way Cycle Trails, both sides Buffered Bike Lane Robert Dr. Ocean Dr. S. Alameda St. 1 -Way Cycle Trails, both sides N/A Saint Andrew's Dr. Long Meadow Dr. Holly Rd. 1 -Way Cycle Trak both sides Buffered Bike Lane Strasbourg Dr. Loire Blvd. Grenoble Dr. 1 -Way Cycle Trak both sides N/A Tarlton Dr. Cheyenne St. Prescott St. 1 -Way Cycle Trak both sides N/A Teague Ln. Wildcat Dr. Carroll Ln. 1 -Way Cycle Trak both sides N/A Tiger Ln. Kostoryz Rd. Carroll tn. 1 -Way Cycle Trails, both sides Buffered Bike Lane Timbergate Dr. S. Staples St. Master Channel 31 1 -Way Cycle Trails, both sides N/A * See pages 59-65 for illustrations **The prescribed reduction in street width affects only the surplus width on the margins of the curb lanes and does not impact the effective travel lane width. A reduction to 11' travel lane widths allows surplus ROW to be repurposed for bicycle facilities and may have a benefi cia I traffic calming effect but will not impact the efficiency of the street. EXHIBITA 47 48 INFRASTRUCTURE ILLUSTRATIONS Over 70% of survey respondents and interviewees indicated that they don't feel safe from vehicles on existing bike facilities in our community. Thus, where the bike mobility network corresponds to the street network (as opposed to off-road segments on stormwater or railroad easements), the planning team emphasized alternatives to the standard (unbuffered) bike lane that provide more separation between cyclists and vehicles. Each type of bicycle infrastructure that is prescribed in the network is illustrated in this section. Design and maintenance standards are provided by way of reference to external national standards (typically from the National Association of Community Transportation Officials (NACTO) Urban Bikeway Design Guide) that are updated frequently and independently, thus ensuring that the bicycle mobility network in our community will reflect contemporary best practices. EXHIBITA INFRASTRUCTURE ILLUSTRATIONS 1. Bicycle Boulevard 50 2. Buffered Bike Lane 51 3. Multi -Use Sidepath, One Side 52 4. Off -Road Multi -Use Trail 53 5. One -Way Cycle Track, Both Sides 55 6. Specialized Treatment: Highway Bicycle Route Connection 59 7. Specialized Treatment: Super Sharrow 60 8. Specialized Treatment: Recapture Parking / Narrow Street 61 9. Specialized Treatment: Road Diet 62 10. Specialized Treatment: Bicycle Route Street Crossing 63 EXHIBITA 49 BIKE BOULEVARD WITH SHARROW SYMBOL. HOBOKEN, NJ BIKE BOULEVARD WITH DIVERTER. PORTLAND, OR BICYCLE BOULEVARD Description: Bicycle Boulevards are typically local or neighborhood streets that prioritize travel by bicycle. Bicycle Boulevards encourage low motor vehicle speeds, which discourages through traffic, and include safe crossings at busy streets, thus providing a low stress experience for cyclists. Features: • Typical average dailytraffic(ADT) volumes of less than 3,000vehides per day; less than 1,500vehicles per day preferred • Preferred maximum posted speed of 20-25 mph • Wayfinding signs for cyclists and shared lane markings ("sharrows") to let motorists know that cyclists will be present and have priority are the minimum treatments to designate a corridor as a bike boulevard; shared lane markings provide lateral lane positioningguidance to bicyclists, including riding outside the "door zone" of parked cars • Supplemental treatments that should be considered include: • Bicycle friendly traffic calming features to ensure appropriate motor vehicle speeds, such as: traffic circles/mini-roundabouts, vertical deflection (e.g. speed cushions, which can include cutouts thatmatchthe axle width of emergency vehicles) • Priority assignment for through bicycle traffic at two-way stop or at all -way stop controlled intersections; this may necessitate turning the signs to stop traffic on the cross street to the bike boulevard to minimize stops for bicyclists at two-way stops or removingstop signs on two approaches at all -way stops • Trafficdivertersatkeyintersectionsto reduce non-local/through motorvehicle traffic butallowingthrough bicycle traffic • Crossing improvements where the bike boulevard crosses major streets; this may include crosswalk markings, median refuge islands, curb extensions (on streets with on -street parking), rectangular rapid flashing beacons (RRFBs), pedestrian hybrid beacons, or traffic signals Benefits: • Allowfor relatively low cost/rapid implementation without right-of-way acquisition or major capital investment • Provide a low stress bicycle experience that accommodates cyclists of nearly all ages and abilities • Provide traffic calming effect and reduce through traffic (particularly when supplemental treatments are implemented), which is of general benefit to neighborhood character and safety • Provide opportunities to integrate water quality and green street infrastructure in conjunction with traffic calming devices (e.g. in planters or traffic circles) Challenges: • Require appropriate crossing treatments at major intersections • Necessitate appropriate wayfinding and safety signage to establish bicycle priority • May impact movement of emergency, transit, and maintenance vehicles if supplemental traffic calming is implemented Design and Maintenance Guidance: • National Association of City Transportation Officials (NACTO).2014. Urban Bikeway Design Guide, 2nd Edition. • American Association of State Highway and Transportation Officials (AASHTO).2012. Guide forthe Development of Bicycle Facilities, 4th Edition. • Alta Planning Design and !BPI.2009. Fundamentals of Bicycle Boulevard Planning&Design. Relative Cost: • Vary as a function of supplemental traffic calming and intersection crossing treatments implemented • Minimum treatment (only signs and markings):'" $8,500 per mile (assumes 20 pavement markings & 10 signs per mile in each direction) EX I l llBFI ILLUSTRATIONS BUFFERED BIKE LANE Description: Buffered bicycle lanes designate a portion of a roadway for exclusive use by bicycles (byway of striping, signage, and pavement markings) that is separated from the vehicular travel lane or from parked cars by a striped buffer space (typically 2-5 feetin width). Features: • Typical use on streets classified as residential collectors and above • Includes a 2-5 foot wide striped buffer space to separate the designated bicycle lane from the vehicular travel lane or parked cars Benefits: • Allowfor relatively low cost/rapid implementation without right-of-way acquisition or major capital investment • Can replace underutilized travel lanes or parking lanes with simple re -striping • Provide higher level of safety and comfortfor cyclists as compared to standard (unbuffered) bicycle lanes • If used adjacent to on -street parking, provide greater separation between cyclists and parked vehicles, helpingto eliminate"door zone" conflicts and crashes • Buffering helps distinguish the lane as a dedicated space for cyclists, thus reducing the likelihood that it is mistaken for a travel lane or parkinglane • Indicate clearly that bicycles have the right to be on the road and thus helps reduce potential for bicycle/pedestrian conflicts on sidewalks • Encourage more predictable behavior by both motorists and bicyclists • Allow motorists and/orbicydiststo pass other bicyclists with less delay and with fewer passing conflicts • Improve sight distances atdriveways and intersections • Increase the separation between motor vehicles and sidewalks/pedestrians, thereby increasingthe level of comfortfor pedestrians and indirectlyfostering pedestrian activity • May serve to calm traffic by creating the perception of a more distinct lane boundary • Provide additional turning space fortrucks and transit • Provide shoulder space fordisabled vehicles, mail delivery, bus stops, and cars yielding to passing emergencyvehicles Challenges: Require more space than conventional (unbuffered) bicycle lanes • Additional markings and maintenance increase cost relative to conventional (unbuffered) bicycle lanes • Motorists may park illegally in buffered lanes • Often collect debris and broken glass, which may render them (or sections of them) unusable; the buffer between the travel lane and bike lane may reduce the natural "sweeping" effect of passing motor vehicles, potentially requiring more frequent maintenance (street sweeping) • May encourage poor behavior by bicyclists and right turning motorists at intersections and driveways, creating potential conflicts (i.e. "right hooks") • May create confusion among drivers as to whetherthey may cross bufferarea to make turning movements Design and Maintenance Guidance: • National Association of City Transportation Officials (NACTO).2014. Urban Bikeway Design Guide, 2nd Edition. • American Association of State Highway and Transportation Officials (AASHTO).2012. Guideforthe Developmentof Bicycle Facilities, 4th Edition. Relative Cost: • Striping only: "$40,000 per mile INFRAST RUCTUE LpiirEfFISA MULTI -USE SIDEPATH, ONE SIDE Description: A shared -use sidepath, located on one side of the street (adjacent and parallel to a street), that accommodates two-way non -motorized traffic. Shared use paths are not dedicated bicycle facilities and thus also serve pedestrians, inline skaters, wheelchair users, joggers, and other non -motorized users. Features: • Most commonly used to provide a short connection between two offset intersecting streets or facilities that are part of the regional bicycle network or to provide direct connection to a specific destination, such as a school • Typically used in areas where right-of-way limitations or other physical constraints prevent the installation of bicycle infrastructure on both sidesof the street • Preferred width for a shared -use sidepath accommodating two-way, non -motorized traffic is 12-14 feet; minimum width is l0feet • Width of 8 feet may be acceptable to provide short linkages between other, more robust facilities or where rights-of-way are severely constrained Benefits: • Highly versatile facility • Physical Separation Challenges: • Every street or driveway crossing presents a potential conflict point that merit additional mitigation; extreme care should be taken in the design of sidepaths along streets with many driveways and street crossings (especially high traffic volume locations); conflict mitigation includes strict access management and specific design treatments to improve visibility, reduce speed, and separate movements at conflict points • Presence of users of a wide variety of non -motorized modes and abilities and two-way traffic may reduce predictability operation and increase potential for confl icts, necessitating additional interventions, such as path user speed limits • Provides reduced level of service for cyclists relative to dedicated bicycle facilities Design and Maintenance Guidance: • American Association of State Highway and Transportation Officials (AASHTO).2012. Guide forthe Development of Bicycle Facilities, 4th Edition. • National Association of City Transportation Officials (NACTO).2014. Urban BikewayDesign Guide, 2nd Edition. Relative Cost: • "' $200,000 - $500,000 per mile, depending on width and material EIXH1'B ALLUSTRATIONS OFF-ROAD MULTI -USE TRAIL Description: A path, typically found along greenways, waterways, active or abandoned railways, and utility easements, within a right-of-way that is independent and physically separated from motor vehicle traffic by an open space or barrier. Multi -use paths are not dedicated bicycle facilities and thus also serve pedestrians, inline skaters, wheelchair users,joggers, and other non -motorized users. Features: • Provides a separated path for non -motorized users alonga linear corridor that is independent of the roadway network • Preferred width fora multi -use path accommodating two-way, non -motorized traffic is 12-14feet; minimum width is l0feet • Width of 8 feet may be acceptable to provide short linkages between other, more robust facilities or where rights-of-way are severely constrained Benefits: • Highly versatile facility • Independence from roadway network creates high quality user experience Challenges: • Intersections oftrailswith roadways presentpotential conflict pointsthat may merit dedicated crossing treatments • Presence of users of a wide variety of non -motorized modes and abilities and two-way traffic may reduce predictability operation and increase potentialforconfl icts, necessitatingadditional interventions, such as path user speed limits • Right-of-way acquisition may be costly and/or complicated • Topography and drainage can greatly impact design, construction, and maintenance • Personal safety measures, such as emergency call boxes and lighting, must be considered due to distance from roadways Design and Maintenance Guidance: • American Association of State Highway and Transportation Officials(AASHTO).2012. Guide fortheDevelopmentofBicycle Facilities, 4th Edition. Relative Cost: • Typically $400,000 - $600,000 per mile, depending on width and material, not including amenities such as trailheads or supplemental safety measures INFRAST RUCTUE LHiEFFISA .♦ OFF-ROAD MULTI -USE PATH. LITTLE ECON GREEWAY, ORLANDO, FL MIR 15A°TRAIL OFF-ROAD MULTI -USE PATH. MEAD GARDEN TRAIL, ORLANDO, FL CENTRAL PARKWAY CYCLE TRACK. ONE-WAY CYCLE TRACK, BOTH SIDES Description: A one-way cycle track is a bikeway provided on both sides of the street that is physically separated from the vehicular travel lanes that provides exclusive use by bicycles in the direction of motor vehicle travel. Separated bikeways may be placed at either street level, at sidewalk level, or at an intermediate level; the preferred placement in the Corpus Christi metro area is at sidewalk level adjacent to or in close proximityto the sidewalk. Features: • Typically specified on streets with higher traffic speeds and/or volumes • Dedicated bicycle facility separated from motor vehicle traffic by a physical barrier(e.g.the curb) • Differentiated from the sidewalk by way of material choice or surface treatment (e.g. green pigmented concrete) and, where space allows, by a strip (1') of differentiated texture (e.g. pavers or stamped concrete) • Preferred width for one-way cycle track 6feet; minimum width is 5feet • A setback (buffer), preferably grass or otherwise vegetated, of 2 feet (minimum) to 6 feet (preferred) between the back of the curb and the one-way cycle track is preferred to enhance separation between motor vehicles and cyclists and to allow for installation of utility poles,fi re hydrants, mailboxes,transit stops, driveway aprons, trash receptacles, etc. Benefits: • Physical separation from motor vehicle traffic appeals to users of a range of abilities • Where sidewalk level cycle tracks are installed in lieu of on -street bike lanes, cost savings (estimated at$1/2M per mile) may be realized during street reconstruction (with additional savings duringmaintenance) if the curbto curb street width is reduced Challenges: Every street or driveway crossing presents a potential confl ict point that merit additional mitigation; extreme care should be taken in the design of cycle tracks along streets with many driveways and street crossings (especially high traffic volume locations); conflict mitigation includes strict access management and specific design treatments to improve visibility, reduce speed, and separate movements atconfl ict points • Sidewalk level cycle tracks placed atthe back of curb or within a couple feet of the back of curb may necessitate: • Revised driveway design to minimize intrusion into cycle track • Additional consideration of utility poles placement, fire hydrants, traffic signal cabinets, streettrees, trash receptacles, mailboxes, etc. • Design of curb ramps necessitates additional consideration to accommodate both the cycle track and sidewalk, particularly when the cycle track is placed atthe back of curb • National Association of City Transportation Officials (NACTO).2014. Urban BikewayDesign Guide,2ndEdition. • Caltrans Division of Research, Innovation and System Information (DRISI). 2015. Comprehensive Design Guidance for Cycle Tracks, Prelim inaryInvestigation. • Massachusetts Department of Transportation.2015.5eparatedBike LanePlanningandDesign Guide. • Federal Highway Administration.2015.5eparatedBikeLanePlanningandDesign Guide. • Varies. Typically commensurate with sidewalk construction when constructed at sidewalk grade adjacent to sidewalk INFRAST RUCTUEXrrSA ONE-WAY CYCLE TRACK. MISSOULA, MT XODD FIELD RAI ONE-WAY CYCLE TRACK, BOTH SIDES r 5' (minimum) ADA compliant sidewalk E1' (minimum) buffer between back of sidewalk and ROW limit Unconstrained Condition: Back of Curb to ROW Limit >19' `6' (min.) landscape buffer at back of curb 6' (min.) 1 -way cycle track, differentiated from back of sidewalk and ROW limit 1' (minimum) textured divides between cycle track and sidewalk 56 INFRASTRUCTURE ILLUSTRATIONS EXHIBITA 1 ONE-WAY CYCLE TRACK, BOTH SIDES Partially Constrained Condition: Back of Curb to ROW Limit 13' - 18' r 1' (minimum) buffer between back of sidewalk and ROW limit E 5' (minimum) ADA compliant sidewalk L Concept for Carroll Lane reflects recapture of substantially underutilized parking on one side of the street: 1 Recaptured street width (approx. 7' total) is split evenly between two sides of street: both curbs moved inward by half of width of recaptured parking lane 1 Remaining parking could be alternate sides of the street every 2-4 blocks to create a chicaning and traffic calming effect `2' (min.) landscape buffer at back of curb 5' (min.) 1 -way cycle track, differentiated from sidewalk by color or texture No physical separation (possibly painted stripe) between cycle track and sidewalk EXHIBITA ARR•LL LAN: INFRASTRUCTURE ILLUSTRATIONS 57 ONE-WAY CYCLE TRACK, BOTH SIDES Constrained Condition: Back of Curb to ROW Limit 11' - 12' 1' (minimum) buffer between back of sidewalk and ROW limit 5' (minimum) ADA compliant sidewalk SIC Ze NA DRIV: Cycle track tied to back of curb (no buffer) 5' (min.) 1 -way cycle track, differentiated from sidewalk by color or texture No physical separation (possibly painted stripe) between cycle track and sidewalk 58 INFRASTRUCTURE ILLUSTRATIONS EXHIBITA SPECIALIZED TREATMENT: HIGHWAY BICYCLE ROUTE CONNECTION Application: Sunset Drive Connection to US 181/ Nueces Bay Causeway • Schematic diagram of the bicycle connection between Sunset Drive and the one-way cycle track proposed in each direction on US 181 across the Nueces Bay Causeway • Sunset Drive immediately east of Indian Point Pier Road is currently closed to vehicle traffic (with bollards) and functions as a shared use path • Further east beyond the barricaded section of roadway, Sunset Drive currently provides a bike boulevard connection to the City of Portland • To the west of Indian Point Pier Road, a two-way sidepath should be installed along the US 181 frontage road (which is a two-lane, one-way road) • The sidepath would connect to the one-way cycle track on each side of US 181, passing underneath US 181 and around the north side of the frontage road to reach the southbound direction cycle track • If existing ROW is too constrained to construct the sidepath along the side of the frontage road, the outside travel lane of the frontage road could be converted into the two-way sidepath, which could be separated by a barrierfrom motor vehicle travel Roadway closed to vehicle trate 8 lunndons as aa -street shared use path EXHIBITA INFRASTRUCTURE ILLUSTRATIONS 59 GAINESVILLE, FL SPECIALIZED TREATMENT: SUPER SHARROW Description: Shared Lane Markings (SLMs), or "sharrows," are road markings used to indicate a shared lane environment for bicycles and automobiles, such as a Bicycle Boulevard. "Super Sharrows" (also known as enhanced or priority SLMs) are a variation of the "sharrow" that provides greater emphasis and visibility of the markings. Super sharrows are currently considered an experimental treatment by the Federal Highway Administration (FHWA). Three primary marking schemes have been used for supersharrows. 1. Placing sharrows on a continuous, longitudinal green stripe which is centered within a travel lane. It should be noted that although there are four cities with ongoing, active experiments using this marking scheme (Salt Lake City, UT; Long Beach, CA; Medina, MN; and Oakland, CA), the FHWA has discontinued approval of any further experiments using this specific marking scheme. It is presented here only forcomparative purposes. 2. Placing sharrows overgreen colored pavementbackground(rectangle). 3. Adding supplemental dashed striping on both sides of the sharrow marking. The shared lane marking is not a facility type, it is a pavement marking with a variety of uses to support a complete bikeway network. The Manual on Uniform Traffic Control Devices (M UTCD) outlines guidance for shared lane markings in section 9C.07. Information on bicycle facilities and the MUTCD, including FHWA requests to experiment, can be found atthis link: http://www.fhwa.dot.gov/environment/bicycle pedestrian/guidance/mutcd/index.cfm Application: North Port Avenue The only location currently recommended for consideration of super sharrows in the Corpus Christi metro area is North Port Avenue, between Broadway Street and Mesquite Street. This street has the potential to provide an important bicycle corridor, but it is not currently a candidate for changing the four -lane undivided typical section due to its function in accommodatingfreight movements and eventtraffic. Despite high volumes on specialized occasions, North Port Avenue has low overall traffic volumes (less than 6,000 vehicles per day on average); the implementation of super sharrows would encourage bicyclists to use this roadway as a connector to many key destinations and would encourage motorists to completely change lanes to pass bicyclists. If implemented, super sharrow markings on this corridor should be placed in the center of the outsidetravel lanes. Benefits: • Low cost/rapid implementation • Provide lateral lane positioning guidance for bicyclists; markings encourage bicyclists to ride further out into the travel lane in lanes too narrowto share side by side with motor vehicles, which encourages safe passing by motorists • Let motorists knowto expect bicyclists • Indicate clearly that bicycles have the right to be on the road and thus helps reduce potential for bicycle/pedestrian conflicts on sidewalks • Provides awayfinding element along bike route • Discourages wrong -way bicycling Challenges: • Super sharrow marking are considered experimental and require a requestto experiment be submitted to FHWA • Markings must be maintained, although maintenance needs are reduced if markings are placed in the center of travel lanes to avoid vehicle wheel paths • Outreach/communication may be required to educate motorists as to meaning of markings Design and Maintenance Guidance: • National Association of City Transportation Officials (NACTO). 2014. Urban Bikeway Design Guide, 2nd Edition. EIXHI1B ALLUSTRATIONS SPECIALIZED TREATMENT: RECAPTURE PARKING / NARROW STREET Description: Many two-lane streets in the Corpus Christi metro area that function as collector or residential collector streets are excessively wide due to underutilized on -street parking. Some such streets have designated (striped) parking on each side of the street; some simply have two very wide lanes with no striped parking. Because these streets often provide linkages to streets with higher functional classifications (either arterials or other collectors), they typically have higher traffic volumes compared to most local or neighborhood streets. The unutilized or underutilized parking space gives the perception of a wider travel lane and thus may result in higher traffic speeds, particularly if the street does not have anytraffic calmingdevices, thus creating an intimidating and potentially dangerous environmentfor cyclists. In such cases, recapturing the underutilized parking area on one side of the street by narrowingthe curb to curb width can create space for enhanced pedestrian and bicycle infrastructure while potentially reducingthe cost of roadway reconstruction and maintenance. Application: Brockhampton Street Brockhampton Street between Stonehenge Street and Cimarron Boulevard is a two-lane residential collector street with striped parallel parking on both sides of the street and a 40 -foot curb to curb width. This example retrofit includes thefollowingfeatures: • Highly underutilized parking space is recaptured on one side of the street; an adequate supply of available on -street parking is maintained • Both curbs are moved inward equally, splitting the available additional ROW width gained by recapturingthe parkinglane • A one-way cycle track (5feet wide) is installed on each side of the street immediately adjacentto the sidewalk, ideally set back from the back of curb by at least 2 feet; the cycle track is differentiated from the sidewalk using colored pavement • Parking could potentially be alternated on opposite sides of the street every 2-4 blocks to promote sense of equity in the neighborhood and to create a chicaning and traffic calming effect on the street Benefits and challenges associated with the one-way cycle track are described in the One-way Cycle Track, Both Sides section. The following are additional benefits and challenges associated with the recapturing of parking or street narrowing: Benefits: • May reduce motor vehicle traffic speeds • Provides a safer,lower stress cycling experience Challenges: • Removing travel lanes, even on a lightly traveled corridor, can be contentious and necessitates effective public engagement and communication ADAcomptiant sidewalk EXHIBITA (on -Street parking 2 (min) bu er between back ofcurband cyclenack NORTH INFRASTRUCTURE ILLUSTRATIONS 61 SPECIALIZED TREATMENT: ROAD DIET Description: A "road diet" describes a project to right size a street when it has surplus through lanes given traffic volumes, when can create space for other travel modes or uses. The most common road diet projects involve converting a four -lane undivided roadway to a two-lane roadway (one travel lane in each direction plus a two-way center left turn lane) by removing one travel lane in each direction. A center landscaped median or refuge islands can be used in place of the center two-way left turn lane in locations where driveways are uncommon or absent. Application: Gollihar Road Gollihar Road between Staples Street and Airline Road is a good candidate for a road diet from a four - lane undivided section to a three -lane section, with one travel lane in each direction and center two- way left turn lane. With an average daily traffic volume of lessthan 7,000vehicles per day, this roadway section falls well below the typical maximum volumes for a four -lane to three -lane road diet of 15,000 vehicles per day. The project, as shown, would include the following features: • Raised refuge islands at strategic locations, such as between Sheridan Drive and Mustang Trail, to allow for two-stage pedestrian crossings. The refuge would be supplemented with high visibility ladder style crosswalk markings and rectangular rapid flashing beacons (RRFBs). Additionally, the median break at the island would be angled to force pedestrians and bicyclists to look toward the direction of traffictheywere about to cross • The width gained by converting to a three -lane section would be captured by moving the curbs inward an equal amount of each side, translating into savings during roadway reconstruction and maintenance • A one-way cycle track (5 feet wide) would be installed on each side of the street immediately adjacent to the sidewalk, ideally set back from the back of curb by at least 2 feet; the cycle track is differentiated from the sidewalk using colored pavement • On-streetparkingon the south side of the street adjacentto King High School is retained Benefits: • Lower vehicle speed variability (i.e. more consistent traffic flow) due to the diversion (into the center turn lane) ofvehiclesturning left and due to the elimination of aggressive movements between lanes • Improved mobility and access, particularlyfor non -motorized modes: • A three -lane cross section produces fewer conflict points between vehicles and crossing pedestrians • Pedestrians cross one lane of traffic at a time using median refuge islands • Reduced number of collisions and injuries, which generally resultsfrom: • A reduction in speed variability along the corridor • A decrease in the number of confl ict points between vehicles • Improved sight distance for vehicles turning left • Enhanced pedestrian experience and neighborhood character • No right-of-way acquisition is required formost projects • Traffic volumes on streets subjected to road diets typically do not vary from the pre -diet condition, which indicates that function and level of service is not impacted (and may be enhanced) by the road diet 62 INFRASTRUCTURE ILLUSTRATIONS • Elimination of multiple threat pedestrian collisions (when a driver stops in one lane of a multi -lane road to permit a pedestrian to cross, and a vehicle in an adjacent lane strikes the pedestrian who is crossing in frontof the stoppedvehicle) Challenges: • Removing travel lanes, even on a lightly traveled corridor, can be contentious and necessitates effective public engagement and communication 441w fa Nene road diet ADAcompliant sidewalk 2'tmin) bu Ler between back ofcurbandcycletrack EXHIBITA Rectangular Rapid Flashing Beacon (RRFB) (,pn-Stongreet arki NORTH SPECIALIZED TREATMENT: BICYCLE ROUTE STREET CROSSING Description: Bicycle boulevards and other bike facilities may be required to cross major streets at unsignalized locations. To facilitate safe crossing maneuvers, there are several treatments that may be used including high visibility crosswalk markings, median refuge islands, curb extensions (on streets with on - street parking), rectangular rapid flashing beacons (RRFBs), pedestrian hybrid beacons, or traffic signals. Raised Median with Refuge: • Separates conflicts in time and location through use of median islands • Creates a refuge for crossing bicyclists or pedestrians, providing them a safe resting point and opportunity for them to cross the roadway in two stages, which becomes increasingly important with higher traffic volumes and speeds • Crossings may be raised to provide drivers with more visual cues of the crossing location and to help slow traffic or may be fl ush with the roadway using painted islands • Angling the crossing through the median or island forces the bicyclist or pedestrian to face oncoming traffic and make better eye contact with approaching drivers Rectangular Rapid Flashing Beacons: • Bicyclist or pedestrian activated high intensity flashing beacons mounted beneath standard crossing warning signs that increase awareness of and visibility of non -motorized crossings • Proven treatment in raising the percentage of drivers who yield to bicyclists and pedestrians at mid - block crossings to more than 80%yield ratesat many locations • Preferable to mountsigns on both sides of the street and within the median (if one is present) Pedestrian Hybrid Beacon: • Used to improve crossings for non -motorized users where side street vehicular or non -motorized trafficvolumes do not meetthe minimum warrant thresholds for installation of a traffic signal • Also known as a HAWK (High-intensity Activated crossWalK), the beacon consists of two red lenses overa single yellow lenson the major street and includes pedestrian and/or bicycle indicatorsforthe crossing movement • May result in less delay for motor vehicle traffic compared to a full traffic signal because stopped vehicles are permitted to move if the crossing is clear once the beacon begins to flash red in a wig- wag pattern; this occurs during the normal pedestrian 'flashing don't walk' phase, which immediately followsthe pedestrian 'walk' phase during a double solid red indication for motorists • Have been shown to have similar driver yielding rates as RRFBs and are generally used on higher speed roadways with two or more travel lanes in each direction (Top left) Angled median break forces bicyclist to face the direction of traffic he is about to cross. (Top right) High visibility ladder markings and median island at bicycle boulevard crossing. (Bottom Left) Rectangular rapid flashing beacons (RRFBs)at midblock crossing. (Middleright) Signalized crossing for a sidepath connecting two bike boulevard segments. (Bottom right) Pedestrian hybrid beacon with colored pavement bicyclecrossing. EXHIBITA INFRASTRUCTURE ILLUSTRATIONS 63 SPECIALIZED TREATMENT: BICYCLE ROUTE STREET CROSSING Application: Doddridge Street at Fort Worth Street (cros valk, RRF2 or aedeshlarr hybrid beamn • Crossinglocation links bike boulevard segments on FortWorth Street to the north and Reid Drive to the south • On -street parking lane on the south side of Doddridge St. is recaptured between Fort Worth Street and Reid Drive to provide a two-way sidepath between the two streets • A curb extension is constructed in the parkinglane atthe western end of the sidepath • Because there is no space for a median island with the four -lane undivided cross section, a high visibility crosswalk is used in conjunction with additional enhancements (RRFBs or preferably, a pedestrian hybrid beacon) to stop traffic for crossing bicyclists 64 INFRASTRUCTURE ILLUSTRATIONS Application: Columbia Parkway Trail at West Point Road W PWM Rd NORTH dlik • Location provides a two-stage crossing for the Columbia Parkway Trail at West Point Road, and links the trail to the bike boulevard on Yolanda Drive • On -street parking area on the north side of West Point Road is recaptured to create a two-way sidepath between the Columbia Parkway Trail on the east side of the canal andYolanda Drive • The on -street parking area on the south side of West Point Road is recaptured in the immediate vicinity of the Columbia Street/Columbia Parkway intersection, with the eastbound lane shifted to the south to allow the provision of a center median refuge island for the trail crossing • The median island nose is extended to the east of the trail crossing to provide a protected refuge area for crossing bicyclists and other non -motorized users, as well as to control the speed of northbound leftturningvehicles • The trail crossing may be supplemented with RRFBs atthe roadway edges and in the median EXHIBITA SPECIALIZED TREATMENT: BICYCLE ROUTE STREET CROSSING Application: Louisiana Avenue at Ocean Drive rossevalk Existing ignal r Psdeseen `hybrid beaded NORTH • Provides a crossing of Ocean Drive from the proposed trail in Louisiana Parkway to the existingtrail along the east side of Ocean Drive • Louisiana Parkway Trail would connect to the existing signalized intersection for southbound Ocean Drive where bicyclists and pedestrians would cross the west leg of Louisiana Avenue and the south leg of southbound Ocean Drive • A pedestrian hybrid beacon would be required to stop traffic for non -motorized users wishing to cross the northbound lanes of Ocean Drive • Motorist delay would be minimal due to non -motorized crossings, as the southbound traffic signal and northbound pedestrian hybrid beacon would operate independently with short clearance intervals due to the relatively short distance required to cross each direction in isolation Application: Staples Street at McClendon Street Pedestrian 3 hybrid beacon (Frcrtage connectlond)—" • t* TitP New crosswalkost median refuge NORTH • Crossing location links bike boulevard segments on Blevins Street to the west and McClendon Streetto the east • Although Blevins Street and McClendon Street do not align, no sidepath is necessary along Staples Street due to the presence of the frontage road on the west side of Staples Street, which is also used as a short bicycle boulevard • A median island with refuge provides a two-stage crossing not only for bicyclists, but also transit users as there are bus stops on each side of Staples Streetthat are in very close proximity to the marked crosswalk • The median island is placed to avoid blocking vehicular leftturn movements atthe cross streets • The crossing should be supplementedwith RRFBs or, preferably, a pedestrian hybrid beacon EXHIBITA INFRASTRUCTURE ILLUSTRATIONS 65 66 MATRIX OF BEST PRACTICES: Will NOT be Adopted at This Time .11 Topics 'arra iveor ppen•ix seesu•sequen sec ions o ur ercari iy erecommen•a EXHIBITA on M EXHIBITA gets MATRIX OF BEST PRACTICES 67 M A 71-11 r nr C'T rl I-1 A 1".711".1— **Cost of Implementation: gets UM UM to schools _ ISDs (Public& Private) UM UM 68 MATRIX OF BEST PRACTICES EXHIBITA **Cost of Implementation: Low - Potentially accomplished through process modification within limits of existing budgets and/or take on responsibilityfor landscaping and maintenance EXHIBITA Services Depts. gh lium lium lium num i in gh gh MATRIX OF BEST PRACTICES 69 MA Tr 1\/ n r[`T inn A P TI r ets 70 MATRIX OF BEST PRACTICES EXHIBITA **Cost of Implementation: gets evaluates roadway capital projects on the basis of 6 complete street criteria EXHIBITA MATRIX OF BEST PRACTICES 71 72 MATRIX OF BEST PRACTICES EXHIBITA CASE STUDIES 1. Bikeshare 74 2. Accommodating Bikes on Transit 75 3. Bike Repair Tool Kiosk 76 4. School District Representation in Transportation Planning 76 5. Safe Routes to School (SRTS) 77 6. Bike Friendly Business Accreditation Program 77 7. Reducing Car Trips To School 78 8. Employer -driven Incentive Programs 78 9. Safe Routes To School Coalition/Task Force 79 10. Neighborhoods Funding Pedestrian Improvements 79 11. Special Maintenance Agreements 79 12. Wayfinding/Bicycle Maps 80 13. Cyclovia 80 14. Safe Passage Enforcement 81 15. Bicycle Diversion Program 81 16. Reduce Off-street Parking Requirements 82 17. Bicycle Counts 82 EXHIBITA 73 CASE STUDIES A. Bikeshare -Jurisdiction Owned and Operated In August 2008, the District of Columbia became the first jurisdiction in North America to launch a bikesharing system. SmartBike D.C. offered 120 bikes at 10 stations in downtown D.C. and the Center City. Approximately 1,600 people joined SmartBike D.C. during its 2 years of operation. Meanwhile, Arlington County, VA was working on its own plans for a bikesharing system. Together, Arlington and the District reviewed proposals and selected an operator for a new bikesharing system in May2010. In August 2012, Alexandria, VA launched eight stations, becoming the newest member of the Capital Bikeshare community. In May 2013, Montgomery County became the latest DC -area jurisdiction to join the Capital Bikeshare program. Working together,the District of Columbia, Arlington County, Alexandria and Montgomery County are proud to bring an expansive, multijurisdictional transportation system to the region. The Capital Bikeshare system is owned by the participating jurisdictions and is operated by Motivate, a Brooklyn, NY -based company that operates several other bikesharing systems including Citibike in New York City, Hubway in Boston and Divvy Bikes in Chicago. Capital Bikeshare ads describe the scope for the program: Capital Bikeshare puts over 3000 bicycles at your fingertips. You can choose any of the over 350 stations across Washington, D.C., Arlington and Alexandria, VA and Montgomery County, MD and return itto any station near your destination. Check out a bike for your trip to work, Metro, run errands, go shopping, or visit friends and family. Join Capital Bikeshare fora day, 3 days, a month, a year or try our new Day Key option, and have access to our fleet of bikes 24 hours a day, 365 days a year. The first 30 minutes of each trip are free. Each additional 30 minutes incurs an additional fee. Entity:Capital Bikeshare Location: Washington, D.C. Website: www.capitalbikeshare.com B. Nonprofit In 2011, Boulder B -cycle launched a nonprofit program that allowed easy, low -impact transit for seasoned bikers, commuters, and visitors alike. In contrast to a standard bike rental, bike sharing allowed a community to share a fixed number of bikes through short station -to -station bike trips and provided an all around shakeup of traditional commute options. Once a rider purchases an entry pass, they can take as many 30 minute trips as they want for the duration of that pass at no additional cost. Additional fees apply to all trips over 30 minutes, encouraging riders to check bikes that aren't actively being used back into stations. The mobile app's interactive, real-time map shows riders what stations might be close or most convenient plus updates riders on bike availability. 74 CASE STUIDES "Boulder B -cycle is part of the Boulder landscape and the Boulder experience" said James Waddell, Boulder B -cycle Executive Director. "When you think of Boulder you think of the scenery, bikes and of healthy, environmentally conscious people. Every time someone rides one of our bikes, that's gasoline saved, carbon emissions spared and calories burned." In addition to offering seamless transit, Boulder B -cycle has crafted a handful of city -specific "tours"that give riders another way to experience Boulder culture. The brewery tour, for example, provides a map with best routes and nearby station details for eight local breweries. B -cycle, LLC. is a wholly-owned subsidiary of Trek bikes based out of Waterloo, Wisconsin, where they design and manufacture the bikes and stations found in all B -cycle cities. On the software end, Trek designs the front end software with which users interact, the back end database that all B -cycle systems use, the B -cycle website platform, and the official B -cycle mobile app. Entity: Boulder B -cycle Location: Boulder, CO Website: www.boulder.bcycle.com C. Private for Profit Deco Bike launched a 650 bicycle, 72 station system in March 2011 in Miami Beach, Florida and reached 180,000 rides by July 2011. Operations are active 24 hours per day, seven days per week. Their fee structure offers two monthly plans and several hourly block plans, but no annual fee. Revenue comes from advertising on the kiosks and membership fees only. DecoBike is unique in the US, havingfunded the $4 million program entirely without public funding as a concessionaire for the City of Miami Beach. In order to use Miami Beach's public spaces for their kiosks, DecoBike pays the city 12% of membership fees and 25% of advertising revenue estimated to be worth $13 million to Miami Beach over the 6 year contract. Operating expenses are projected to be $1.8 million annually, with 1/3 covered by advertising revenue, and the remainder, and any profit, coming from user fees Due to their agreement with Miami Beach, DecoBike is not allowed to advertise on the kiosks themselves. While allowing such ad placement would improve both DecoBike and Miami Beach's revenue take in the venture, public sentiment is that they would detract from the aesthetics of the neighborhood. Entity: Deco Bike LLC Location: Miami Beach, FL Website: www.cgibikemiami.com EXHIBITA 2 Accommodating Bikes on Transit Houston, Texas, is home to one of the most successful light rail lines ever built in the U.S. in terms of ridership per track mile, boasting an average daily ridership of about 37,000 in September 2013. METRORaiI's Red Line consists of 18 cars that operate along a 7.5 -mile route, beginning at the downtown campusof the University of Houston and ending nearthe Texas Medical Center. In 2007, BikeHouston, a local bicycle advocacy organization, and the Citizen's Transportation Coalition joined forces to advocate for the implementation of bike racks on METRO buses. Houston METRO began accommodating bicyclists on buses by equipping the buses with the highly successful front- loading bike racks. However, forthe light rail line, access for bicycles was severely limited, as bikes were only allowed between 9:OOa.m and 3:00 p.m, there were no bike racks available on the n a r r o w - aisled cars, and METRO officials had previously contended that the introduction of safety racks would pose problemsforsafety and congestion. As part of the long-term planning process, METRO began considering the details of light rail service expansion. During discussions of the expansion, METRO officials sought the input of BikeHouston representatives about their views of light rail service and possible impacts on the cycling community. The communication was also intended to inform bicycling stakeholders about construction activities that would be occurring around rail expansion in hopesthat these issues could be communicated to the wider bicycling community through the BikeHouston network. Through these conversations, members of BikeHouston called attention to the limited accessibility issues and METRO listened to the concerns in an effort to better plan forfuture lightrail service. As the conversation progressed, the working group expanded to include the Rail Operations Center and Service Delivery staff, Safety and Security, Communications and Marketing, and Planning staff. The inclusion of representatives from these departments allowed METRO to better gauge the considerations of rider density during peak hours, configuration and safety of various bicycle storage alternatives, and current operating conditions. Later, METRO established additional dialogue with the communities where future rail will be installed and increased the bike working group to include the City of Houston's Bikeways, Parks, and Sustainability departments. During the bike working group's study of ridership patterns, METRO planners saw an opportunity to change the hours that bicycles are permitted on board. To better accommodate cyclists, METRO expanded the bike -friendly hours on light rail to include all but peak -hour travel, defined as weekdays from 6:30 to 9:00 a.m. and 3:OOto 6:00 p.m. During weekends, bikes are now permitted at any hour. In addition to the expanded hours, METRO and BikeHouston also worked to consider a number of bicycle - storage alternatives, finally deciding on removing fixed seats from cars to provide space for bikes. Reviewing a variety of configurations on the Siemens cars, BikeHouston members and METRO officials gathered to test them, eventually deciding on a format that would remove two benches (four seats) from each end of the car. In July 2010, Houston METRO began implementing the changes in the form of a 30day trial period on 11 of the 18 Red Line cars. The program was initially "soft -launched," since there was uncertainty as to the public reaction and impacts on ridership. Eighttotal seats from each car were removed and replaced with standing space and overhead straps. By September 21, METRO judged the program a success and implemented the changes on all 18 cars, adding signage informing riders of the appropriate bike entry doors and storage areas. Furthermore, the incorporation of the Bikeways, Parks, and Sustainability departments to the working group has allowed METRO to begin planning better for bicyclists as it introduces light rail to new communities. Discussions thus far have included new mapping, wayfinding signage, and bike racks. Spurred by media coverage, Houston METRO conducted informal surveys during the testing period using Twitter, Facebook, and other social media. Polling was done electronically and in-person, with overwhelmingly positive results. The public relations survey conducted resulted in greater than 95 percent positive feedback. In fact, not only did riders react positively to the expanded access for bicyclists, but the changes benefited multiple types of users, including passengers with disabilities, parents with children, and those riders prefen-ingto stand. In October 2013, there were 22,230 total monthly bike boardings on METRO vehicles (including buses and light rail cars). That figure is a 10 percent increase over the previous month and a 44 percent increase overthe total from October2012. Rider feedback indicated that the seat removal and hours changes were beneficial to riders beyond the bicycling community. The Siemens rail cars have narrow aisles, which made navigating the cars difficult for riders with physical challenges and to those pushing strollers. With the removal of seats, many passengers have noted the improved navigability and improved options for securing wheelchairs, strollers, and bikes. Most importantly, though, this initiative signalsthat Houston METRO is planning for and promoting bicycling as part of a larger transportation network. According to METRO's associate vice president, Andrew Skabowski, "Its METRO being more mobile, if we can. The biking community is saying, 'Hey, we're not just for recreation anymore; we bike to work.' That's important to that community, and we're thereto assist and get people to work." With the March 2013 expansion of Houston's bike share program, B -Cycle, METRO is working on a report that includes recommendations forimprovingthe transit -bike connection for bike share users. The change was financially beneficial to Houston METRO. While the initial cost of the configuration change was a total of $7,791.12, with labor accounting for $3,150 and materials for the remaining $4,281.12, METRO also experienced a one-time savings of $8,640 by returning the removed seats to the stock of spares. Further, METRO also saves $3,960 annually for the decreased maintenance needs on the 18 cars. Entity: HoustonMETRO Location: Houston,TX Website: www.ridemetro.org EXHIBITA CASE STUIDES 75 3 Bike Repair Tool Kiosk A-1 Builders in Bellingham has been a bicycle -friendly company for years. A decade ago, to mark the company's 50th anniversary, A-1 built a large covered space for bicycle parking at the downtown Community Food Co-op store. Now, for its 60th anniversary, A-1 has built a covered community kiosk with a public bicycle repair station by the sidewalk outside its offices at 3310 Northwest Ave. Rick Dubrow, company president and an avid biker, said Bellingham and other communities would benefit from more bike -repair stations. "Our hope is thatthis is the firstof many," he said. At first, the folks at A-1 were thinking about installing just a kiosk for community notices. Then, last September, Patrick Martin, a production manager at A-1, took his daughter to Evergreen State College in Olympia and saw a sturdy bicycle pump and repair station installed outdoors by some dormitories. He thought back to the idea of a kiosk, and realized a pump and repair station could fit inside. "I thought we should put the two together," said Martin, who did much of the design work for the station. A 12 -by -12 -foot concrete slab forms the base that is decorated with old bicycle parts—gears, tire rims, lengths of bicycle chain—embedded in the concrete. The side walls of the kiosk have plastic -covered maps showing local bicycle routes, trails, parks, and Whatcom Transportation Authority bus routes. There's also a bulletin board for community notices. On the outside back wall of the kiosk hangs covered shelves for a small community lending library, where people can drop off and borrow books. Inside the kiosk, bolted to the slab, is a vertical metal stand that holds a bicycle while it's repaired,tuned up or given air. Basic bicycle -repair tools hang from the stand, secured by long cables to prevent theft A sticker on the stand has a QR code, so bikers with smartphones can scan the code to reach a website with short how-to videos about basic bicycle repairs. Bolted next to the stand is a sturdy, hand -powered bicycle pump. Nearby on a shelf are two bicycle repair how-to books, also secured to preventtheft A motion detector turns on several lights when people enter the kiosk at night, for nighttime repairs and for public safety. The installation cost about $16,000, much of which was covered by donations of money, materials and labor, Dubrow said. Entity: A-1 Builders Location: Bellingham, WA Website: www.albuilders.ws/ 76 CASE STUIDES 4 School District Representation in Transportation Planning The Phoenix School Safety Program was developed by a task force created following a collision involving a young student who ran into a busy street against a traffic signal. The task force included a local parent and individuals from the local police, transportation, highway safety, and law departments, as well as representatives from local schools. The task force recommendations yielded eleven major changes. The solution was a combination of education, enforcement, and facilities improvement. Education measures included a new School Crossing Guard training video, which was produced in English and Spanish to be used in all subsequent training programs. A new training handbook (English and Spanish version) was developed and distributed, in addition to a "Safest Route to School" walking plan to encourage parents and students to safely walk to school. In addition, a School Safety Summit broughttogether the state's school and traffic officia Is to work togetherto implement the recommendations. For enforcement measures, a school crossing safety audit was developed to help identify those areas of a school most in need of improvement. Phoenix also equipped schools with radar -controlled cameras mounted to vans to enforce the speed limit during school start and dismissal times. Other improvements included the installation of "SCHOOL" pavement stencils on roads approaching the school area, fluorescent yellow -green school warning signs, safety vests for guards, staggered crosswalks, and two trial active speed monitorsthat flash when a driver's speed exceeds the speed limit during school operating hours. An experimental in -pavement flashing crosswalk was installed at a local high school. Once activated by a pushbutton, the device issues verbal warnings to pedestrians that cars may not stop. Additionally, school staff developed a set of guidelines for drop-off and pick-up times to reduce congestion and spillover onto the street in front. Funding of $500,000 per year was provided by the City of Phoenix. The program resulted in the most significant advance in safety at Arizona schools since the inception of the 15 mph school zone in 1950. The program reached 400 schools statewide, 6,872 speed citations were given, 11 Safest Route to School walking plans were completed, and 173 crossing safety audits were conducted. Entity: Cityof Phoenix Location: Phoen ix, AZ Website: www.phoenix.gov/streetssite/Pages/School-Safety.aspx EXHIBITA 5 Safe Routes to School (SRTS) Rosa Guerrero Elementary is a Title 1 neighborhood school, and 75% of the 850 students live within walking distance, or 2 miles, of the school. Sidewalks are present in the neighborhood around the school, and approximately 30 percent of the students have permission from their parents to walk to school. One of the biggest barriers for students walking to Guerrero Elementary is the traffic at a busy intersection. According to Carol Camp, former Safe Routes to School (SRTS) Program Coordinator for Texas Department of Transportation, the City of EI Paso was awarded $10,000 in SRTS funds to develop a SRTS Plan and Program for Rosa Guerrero Elementary in 2007. The City selected a consultant and paid a service fee of $8,000 to assist in the development of Rosa Guerrero Elementary School's SRTS Plan. The remaining $2,000 was used to support PTA volunteers in developing an education and encouragement program forstudents, teachers and parentsto promote the SRTS Program atthe school. SRTS coordinators increased school and community support and gained volunteers by offering education and training by the El Paso Police Department. The school also held two raffles, and offered other incentives to rewardvolunteers fortheir hardwork. The school added traffic enforcement signage that identified "Drop Off Zone,""Pick Up Zone," and "Students Crossing, Please Slow Down" as well as safety school stop signs for crossing guards, which made drivers aware of students and parentswalking to school. Raising driver awareness led community members to feel safer walking to school. The school provided incentives for parents and students who participated in the program. For example, each time a student walked to school, he or she received SRTS pencils and stickers. Teachers tracked students' progress by logging data into pamphlets purchased with federal funding. Students were rewarded with SRTS water bottles. Participating parents were given water bottles and SRTS walking logbooks to track their progress. All participating students were entered in a drawing for a bicycle that was held atthe conclusion of the SRTS program. Entity:TnDOT -PlanningSection Location: El Paso, TX Website: www.saferoutesinfo.org/program-tools/find-state-contacts/texas 6 Bike Friendly Business Accreditation Program In Los Angeles, 50% of trips are under 3 miles—a 10-15 minute trip for the casual rider. The Bicycle Friendly Business (BFB) Program is a citywide opt -in program that encourages businesses to embrace bicycle friendly practices in order to attract more local trips bywalkingand bicycling. According to Mayor Eric Garcetti, "The Bicycle Friendly Business Program represents one of the many tools in our Great Streets toolbox. As we remake our streets to better serve our neighborhoods, the Bicycle Friendly Business Program will make it easier for Angelenos to choose to travel and shop by bike. We look forward to see ingyou on the street!" Councilmember Mike Bonin, who Chairs the City Council's Transportation Committee, recognizes that people on bikes also tend to know their neighborhood better, which builds community and makes neighborhoods safer: "Our neighborhoods are stronger when people can live, work and shop at local businesses without needing their cars, and the Bicycle Friendly Business Program will help put neighborhoods first in Los Angeles. I'm excited to see the Bicycle Friendly Business Program expand throughout Los Angeles and I think the expansion of this program is a great sign that LADOT is heading in the right direction and making alternative transportation a priority." The citywide program gives businesses the opportunity to be recognized for making accommodations for staff and patrons who cycle by adhering to a variety of bicycle friendly practices. The program also provides bicyclists with a directory of local participating businesses that specifies the bicycle friendly amenities offered. The BFB program provides data resources to illustrate how bike friendly business practicestranslate into enhanced profitability. Entity: City of LosAngeles- DOT Location: LosAngeles, CA Website: www.ladot.lacity.org/index.htm EXHIBITA CASE STUIDES 77 7 Reducing Car Trips to School Morton Way Public School in Brampton, Ontario, Canada has 877 early education and elementary students (Junior Kindergarten through Grade 5). During the past four years, Morton Way has sustained a successful walk -to -school program, wherein between 83 and 92 % of students walk or bike to school on specific days. Approximately 50 students travel to school -by -school bus because of distance. Despite the success of the program, the Morton Way Community still felt there were too many students arriving by personal automobile, so they implemented a "25 Cars or Less" campaign. A "thermometer" display alerts drivers how many vehicles dropped off students the day before, and the daily school announcements update the students of progress. There are also signs displayed around the school promotingthe "25 Cars or Less" campaign. Entity:Morton WayPublic School Location: Brampton, ON (Canada) Website: www.schools.peelschools.org/1510/Pages/defaultaspx 78 CASE STUIDES 8 Employer -driven Incentive Programs St. Lukes Hospital - Boise, ID: At St. Luke's Hospital in Boise, personnel who ride 60% of their workdays between May and September earn a $40 gift certificate to a local bike shop. The campus also boasts showers and bike racks. Scott Dohmen, the hospital's employee alternative transportation coordinator, says that the hospital has a commitment to providing incentives to those who ride to work 'To promote alternative transportation, get the cars off the road and getpeople in shape." Clif Bar – Emoryville, CA: Clif Bar, which employs more than 300 employees at its Emeryville, CA headquarters, takes bike -to -work incentives to a whole new level. The company's Sustainability Benefits Program includes an incentive of up to $500 to buy or repair a commuter bike. Employees who walk, bike, carpool or take public transportation to work can also earn points for each trip — redeemable for rewards like cash, massages and Clif gear. New Belgium Brewing– Fort Collins, CO: Cars are a rare sight at New Belgium Brewing s flagship brewery in Fort Collins. After a year on the job, each New Belgium employee receives a free limited release Fat Tire Cruiser bike, in honor of the company's best-selling Fat Tire Amber Ale. Employees can also borrow a cruiser from a fleetof shared bikes for local errandsand lunch breaks. Honest Tea – Bethesda, MD: Organic beverage maker Honest Tea gives its employees who either bike or walk to work $27.50 extra in their paychecks monthly. In addition, in the summer of 2007, the company bought each of its then 52 employees Jamis bikes. The company's president and 'TeaEO' Seth Goldman bikes about a mile to work every day, so he understands the perils of the bicycle commuter. When the company moved into its current office building in 2007, Goldman insisted on having showers installed in the bathrooms. Patagonia (multiple locations): Patagonia's Drive -Less program provides a monetary incentive for employees to bike, walk, carpool or take public transit to work. It pays all U.S. and Canadian employees $2 per trip, up to two trips per day. Each employee can earn up to $500 (pre-tax) per year. In the firstyear of the program, more than 900 employees participated. As a collective result, in that firstyear Patagonia employees drove 690,000 fewer miles, cut CO2 emissions by 500,000 pounds and saved 25,700 gallons of fuel. Jamba Juice – Emeryville, CA: Jamba Juice offers a set of bright orange loaner bikes for employees to use for errands and lunch breaks, as well as plenty of space for bike commuters to park their own rides. The company has also developed an extensive wellness program that includes health insurance premium discounts in exchange for completing challenges, such as participating in Bike to Work Day, attending a bicycle repair class, or going on a practice ride. Jamba Juice has become known in the area for its bike - friendly ways and was identified as one of the most bike -friendly businesses of the year by local advocacy group Bike East Bay. EXHIBITA 9 Safe Routes To School Coalition/Task Force 1 1 Many Denver schools struggle with traffic congestion and environmental pollution, and, like many communities, an increasing number of children engage in less daily physical activity than is recommended by healthcare professionals, contributing to Denver's growing childhood obesity epidemic. Denver's Safe Routes to School (SRTS) program use a variety of strategies to facilitate safe walking and biking to school. Additionally, successful SRTS programs involve the whole community: parents, children, schools, the city, residents, neighborhoods, non-profit organizations and public health agencies. SRTS programming utilizes a Coalition made up of partners from Denver Environmental Health, Denver Public Schools, Denver Public Health, Denver Public Works, Bicycle Colorado, BikeDenver, Safe Routes to Schools National Partnership, WalkDenver, Livewell Colorado and others. Together, this Coalition is actively working to develop systematic programming so that all Denver communities can achieve state and regional Safe Routes to Schools goals. Entity: City of Denver - Department of Environmental Health Location: Denver, CO Website: www.denvergov.org Neighborhoods Funding Pedestrian Improvements 1 0 The Ida Culver House in the Greenwood neighborhood of Seattle has 600—foot section of walkway along First Avenue NW that was designed and constructed in 1993-94. It is used by the residents of the Ida Culver House and was the only section of the block without an asphalt walkway or concrete sidewalk. The residents were awarded a Small and Simple Matching Fund projects grant by Department of Neighborhoods (DON) to fund the project. Key factors used to evaluate the walkway were parking, drainage, and ease of construction. Elimination of parking can make a walkway less desirable to residents. Closing open ditches to accommodate a walkway is expensive. Slopes that would require stabilization make construction difficult and more expensive. None of these factors was an issue atthis site. The walkway was estimated to cost $12,000 ($20 per linear foot fora five—foot wide walkway). DON provided $5,000 and Ida Culver House $7,000. When the project was completed under budget, the remaining $2,000 was returned to the residents. The walkway provides pedestrians with a firm, stable walking surface that separates them from carstraveling along the adjacentroadway. Budget DON Small and Simple Projects Fund Ida Culver House Total $7,000 $5000 $12,000 Entity: City of Seattle- Department of Neighborhoods Location:Seattle, WA Website: www.seattle.gov/neighborhoods/ Special Maintenance Agreements Overthe years, the Seattle Engineering Department (SED) had received a number of requests for traffic control at a particular neighborhood intersection. Investigation revealed high speeds, (85% of the traffic was going 31 mph or faster), high volumes (1,215 cars per day), and high accident rates (five accidents in the lastthree years). Although the community had requested traffic control for each of the four previous years, the intersection did not compete successfully for a traffic circle until 1995". Additional complications included special design because of difficult intersection geometry. As with all traffic circles funded by SED, the Engineering Department and community volunteers landscape the circle in the springfollowing construction and a communityvolunteermaintains the traffic circle. Budget SED Neighborhood Traffic Control Program $6,500 Total $6,500 SED's Neighborhood Traffic Control Program receives funds to build seven to fifteen traffic circles a year. With over 600 annual requests for traffic circles, priority is given to those intersections with high accidents, speeds, and volumes. If an intersection does not compete well for SED funding, communities are encouraged to apply to the Departmentof Neighborhoodsfor Matching Funds. Entity: City of Seattle- Public Utilities Location: Seattle, WA Website:www.seattle.gov/util/ EXHIBITA CASE STUIDES 79 Wayfinding/Bicycle Maps 1 2 1 3 Oakland residents lacked a comprehensive guide to walking and biking in their city, making it difficult to know the availability and quality of walking and bicycle routes. A generous grant from the State of California Office of Traffic Safety mandated an education project targeting the general population of pedestrians. The Oakland Pedestrian Safety Project used the grant to create a map that highlights walkways, bikeways, landmarks, civic destinations such as schools and libraries, neighborhood names, historic networks of paths, major transit routes, and street grades. The back of the map features bike and pedestrian safety tips, a primer on pedestrian design improvements, recommended walks, and walkingtour information. The 18,000 maps printed were distributed to neighborhoods and community organizations, bookstores, bike shops, schools, and recreation centers. The map was a collaboration between the Oakland Heritage Alliance and local volunteers, who all helped survey existing pathways and staircases. City archivists aided in the effort byfinding the names of most of Oakland's old neighborhoods. An experienced designer and publisher was contracted to produce the map. Funded by the State of California Office of Traffic Safety, total costs carne to $48,000 including staff time, street grade surveys, map design, and map printing. The project took 6 months from conceptto printing. Walk Oakland! has generated excitement and positive feedback from neighborhood groups and school kids. Itis expected that the map will serve as a starting point for further projects to encourage both walking and better pedestrian -friendly design. Demand has been high, and it is expected that another printingwill be necessary in the nearfuture. Entity: Rufus Guides Location:Oakland, CA Website: www.rufusguides.com/oakland.html 80 CASE STUIDES Cyclovia Boulder's Cyclovia is a full day event that takes over several miles of road that brings the Boulder community together in a free outdoor setting, promoting healthy and active living among neighbors. Hundreds of vendors within 10 different zones provide free activities such as dance, climbing, kayaking, cycling workshops, rodeo, running, walking tours of downtown Boulder, yoga, Frisbee, and more. Some workshops are bi-lingual, drawing more participants. People bike, dance, walk, rollerblade, scooter, or travel by some other active mode to get between the zones. Many of the vendors that Boulder Green Streets works with are socially and environmentally responsible companies and organizations, providing the participants of Cyclovia with knowledge about what their local community businesses have to offer. In 2012, around 15,000 people participated in Cyclovia, with 65% arriving to the event by alternative means. In an attemptto increase the number of participants to 20,000 and also increase the number of people arriving by bike, walking, or any alternative to a car, Boulder Green Streets added a new innovation and creativity zone, developed an interactive event app, recruited more socially and environmentally responsible business and organizations to participate, and committed to becoming a zero waste event. Boulder Green Streets supports Boulder businesses and government groups that offer health and active living services and products, as well as local non-profit partners offering programs in sustainability health services and active living, as part of its promotion of healthy, active, and sustainable living. Entity: Bou lder Green Streets Location: Boulder, CO Website:http://www.bouldergreenstreets.org EXHIBITA 1 4 Safe Passage Enforcement Until 2014, Chattanooga police had never enforced the safe passing law—even though it had been on the books since 2007. In general, the safe passage laws present practical challenges to police. Chattanooga Police Chief Fred Fletcher—who has placed new emphasis on enforcing the law—came to the department after serving as a police liaison to the cycling community in Austin, Texas, where officers get training on how to eyeball a three-foot violation. A good rule of thumb, Fletcher said, is to gauge whether the officer on a bike can reach out and touch the car; if so, it's closer than three feet. Despite being a big believer in the training, Fletcher wanted to try new equipment that would improve officers' ability to identify violations. He knew an Austin -based software firm called Codaxus was developing a device to support safe passing laws. The device uses an ultrasound detector to measure the distance between a car and a cyclist. You can obviously tell the difference between 36 inches and 10 inches," said Chris Stanton, a co-founder of Codaxus. However, the margin between two feet and three feet is more subtle, especially when cars are moving quickly. Technology can provide a more precise measurement, Stanton said. The Codaxus device uses an ultrasound detector to measure the distance between the car and the cyclist. A separate camera attached to the handlebars of the bike records a reading of the distance as well as the license plate and model of the vehicle. In Chattanooga, judges have agreed to consider the video archives as evidence of motorists violating the law. Judges have agreed to mandate bike safety classes in lieu of fines for motorists who have been cited. If someone refuses to take the class, however, they could face a maximum fine of $50. In most cases, officers try to use the technology to educate motorists about the law, even going as far as replaying the video to show how the close encounter feels from a biker's perspective. "We're trying to increase empathy and understanding," Fletcher said. "It's dear that very few people are intentionally putting people at risk." The department is trying to raise awareness about the law through marketing too. Some police vehicles have signs on windows that diagram the required distance between vehicles and bikes. Entity: Cityof Chattanooga Location: Chattanooga,TN Website: http://www.chattanooga.gov/police-department 1 5 Bicycle Diversion Program A bicycle "diversion" program allows offending cyclists to take a cycling safety workshop as an alternative to paying a traffic fine, thus diverting them from the system. A new CA law signed by Governor Jerry Brown will make it possible for bicyclists who are ticketed for certain infractions to attend a class on safe bicycle riding and thus reduce theirfines. "When a bicyclist is ticketed for a moving violation in California, they by default receive the same monetary fine as when driving a motor vehicle. This means that with court fees added a stop sign violation can cost around $200, and running a red light around $400," explained Assembly member Richard Bloom. "The penalty should be determined so as to encourage safe behavior and not so punitive that it discourages bicycling altogether, especially for low-income individuals who rely the most on bicycling for everyday transportation." The objective of the diversion alternative is a reduced fine and a more educated and knowledgeable bike rider. Bike East Bay has been working with other advocacy groups to formulate the best programs for local needs. Los Angeles County Bicycle Coalition, the City of Long Beach, and the San Francisco Bicycle Coalition have all expressed interest in creating diversion programs. Davis already has an on -campus diversion program and is interested in expanding it citywide. The cities of Huntington Beach and Alameda both used to have programs but suspended them because of a legal prohibition against them in the existing vehicle code. The Marin County Bicycle Coalition already has a diversion program, which it has been able to run because of strong local supportfrom the police and courts. Bike East Bay currently incorporates a diversion program into its regular educational offerings. Like Davis, UC Berkeley has its own police department that issues citations on campus. For on -campus infractions, ticketed bicyclists can attend a class, bring proof of attendance to the police, pay a fee, and have the ticket destroyed. The fee, around $50, is much less than what they would have to pay for a ticket if it went through the court system. "Most police departments will hold a ticket for anywhere from thirty to sixty days before sending it on" to the courts, says Robert Prinz, Education Coordinator for Bike East Bay. "So if ticketed cyclists attend one of our classes during thattime, the ticket never gets sent to the courthouse, so there are no added - on fines, no court costs at all." This system greatly simplifies the entire process by limiting the exchange of moneyto a single transaction between the ticketed individual and the police. Bike East Bay funds its classes through grants, and receives a flatfee for its classes, no matter how many students show up for it. This way it doesn't need to rely on a minimum number of students—nor on a minimum number of ticketed bicyclists— to support its education program and, it can make the classes available to anyonewho wants to take them. There are 33 cities in the East Bay, and Bike East Bay would need to set up agreements with local police departments in all of them. Once a program is approved, said Prinz, individual officers don't even need to have a lot of knowledge about the program. "UC Berkeley police use a sticker on the back of citations that have information about our classes," he said, which include a phone number and information about signing up for classes. Entity: Bike East Bay Location: California(Statewide) Website: www.bikeeastbay.org EXHIBITA CASE STUIDES 81 1 6 Reduce Off-street Parking Requirements 1 7 The cities of Ann Arbor, Michigan, Columbus, Indiana, and Sacramento, California—three cities of different sizes, with different development contexts, and in different parts of the country—have each reduced or eliminated off-street parking requirements downtown and in mixed-use areas, yielding a range of benefits. Lifting onerous parking requirements has promoted infill development by creating more buildable area on infill properties, opening the door to projects that renew derelict building or activate what were previously inactive hardscapes or garbage -strewn lots while helping to create the density that defines a vibrant walkable urban core. None of these three cities has experienced parking shortage or economic losses because of the reduction in required parking. Today, Sacramento's parking code aligns with the visions espoused in the general plan allowing planners to review projects and approve projects wherein developers are given the discretion to decide how much (or how little) parkingto install. Entity: City of Sacramento Location: Sacramento, CA Website: www.portal.c'rtyofsacramento.org/Economic-Development/ 82 CASE STUIDES Bicycle Counts Cambridge has one of the highest percentages of bike commuters in Greater Boston and now, the city has a wayto show it off. If you find yourself biking down Broadway Street in Kendall Square, you can now check out how many cyclists carne before you that day. The city installed a bike counter displayingthe number of cyclistswho passed through the area, according to city spokesperson Cara Seiderman. The new contraption, which displays in big green numerals the daily count of cyclists who have passed the spot, will supplementthe city's bike census, taken every two years. During those counts, employees spread out over 17 locations for four hours and record the cyclists they see. The city then extrapolates that data to come up with the number who pedals through the area. Seiderman said they will not be doing away with the manual count, but officials hope the new bike counter will be more accurate and easier. "We know thata lot of people are traveling by bicycle in Cambridge and that the numbers have been increasingfor more than a decade," City Manager Richard C. Rossi said in a statement. Officials think the counter is a way to show how many people are out biking, and making sure people know "bicyclists count." However, Seide rman said they are also excited about the valuable data they will be able to collect. "If you can get 24/7 data, you have a much better picture of what the patterns are, she said. "We can see if they're biking year- round or bikingthrough the rain." Officials believe the counter is the first of its kind in the state. With it, Cambridge joins the ranks of such bike -friendly cities as Portland, OR, and Montreal. The counter from the Montreal-based Eco -Counter company was funded by a $25,000 grant from the Helen and William Mazer Foundation. The machine resetsatmidnight, ensuring a fresh daily count. A less prominent estimate of the annual bike tally is also be displayed. Ent ity: City of Cambridge Location: Cambridge, MA Website: www.cambridgema.gov/traffic/news/2015/07/permanentbicyclecounteronbroadway EXHIBITA SPECIAL TOPICS NARRATIVE 1. Bike Share Programs 84 2. Walking School Buses and Bike Trains 87 3. Local Improvement Districts 87 4. Special Maintenance Agreements 88 5. Cyclovia 88 6. Safe Passage Citation Fee Structure 88 7. Rules and Codes for Safe Cycling 88 8. Bike Safety Classes in Lieu of Fines 90 9. Standard Contracting Language for Construction Zones 90 10. Bicycle Counts 90 11. Performance Measures 91 EXHIBITA 83 SPECIAL TOPICS NARRATIVES Bike Share Programs A Bike Share is a non -motorized transportation service, typically structured to provide users point-to- point transportation for short distance trips (usually around Yz to 3 miles), that allows users to pick up a bicycle at any self -serve bike station in the network and return it to another bike station near their destination. Since 2010, bike share systems have been introduced in over 30 cities in the US and have supported over 36 million bike share trips. As bike share growsmore common, it is increasingly becominga key urban amenity for global cities. Bike share programs extend the reach of existing transit, make one-way bike trips possible, and eliminate some barriers to riding such as bike ownership, storage, maintenance and concerns about theft. Bike share can provide new mobility options for people of all income levels and can play a key role in improving public health byfacilitating an active lifestyle. Bike share has evolved significantly since its inception in 1965, when Amsterdam city council member Luud Schimmelpennink proposed the world's first public bike share system as a way to reduce automobile traffic in the city center. He proposed that 20,000 bicycles be painted white and distributed for pick-up and drop-off anywhere in the city center, free of charge. When the city council rejected the proposal, Schimmelpennink's supporters distributed fifty donated white bikes for free use around the town. The next attempt at a bike -share system occurred in La Rochelle, France in 1993, which offered a free, but more regulated, program that allowed the public to check out bicycles for two hours. Cambridge, England, implemented a similar system in the same year. This type of free bicycle rental system, also known as a "bicycle library," reduced problems with theft and vandalism since users were required to show identification and leave a deposit in order to use the bicycle. However, these bicycle libraries also required the user to return the bike to the same place from which it had been checked out, limiting the usefulness of the system as a point-to-pointtransit option. In order for a bike share system to be efficient and well utilized, it must be properly planned and designed. The density of bike share station and nearby destinations is a key consideration in planning bike share programs, which is why central business districts are often well suited for implementing such programs, particularly in the pilot phase. Definitions • Bike Share Station: structure that holds the automated customer terminal/kiosk and docks that dispense bikes. • Dock:mechanism thatretains bikes in an uprightand locked position. • Terminal: self -serve kiosks, like those found at transit locations, where users can get information and make payments to checkout bicycles. • Rebalancing/Redistribution: process by which bicycles are redistributed throughout the service area to ensure that each bike share station has an appropriate ratio of available docks and bikes to ensure optimum service; typically 50% bikes to 50% open docks. 84 SPECIAL TOPICS NARRATIVE • Station -less bike share: emergingtechnology that utilizes an electronic locking system based on GPS and wireless communications (cell phone). Security and checkout infrastructure is located on each bike to transmit usage and location data and monitor maintenance and unauthorized use. Business Models Publicly Owned and Operated: The jurisdiction pays the up -front capital cost, and owns the infrastructure and equipment (i.e. bicycles and bike stations). The jurisdiction may work with a private contractor which handles membership management, customer service, marketing, bicycle redistribution, data management, and maintenance of stations and bicycles. Under such an arrangement, the government accepts financial responsibility for the program, while the private contractor accepts liability exposure. Nonprofit: A nonprofit organization manages operations and service. The nonprofit may be explicitly created for the operation of the bike share program, or bike sharing service may be added to the purview of an existing organization. Local jurisdictions typically participate in one of two ways in this model: 1) the nonprofit organization receives startup funding and some funding for operations from local and state governments; and/or 2) the local jurisdiction acts as a fiscal agent to request federal funding and passes funds to the nonprofit. This model removes most of the financial liability from the jurisdiction and places it on the nonprofit organization, which is responsible for both fundraising and managing operational revenues and expenditures. Private/for Profit: A private company provides, owns and operates the service; government involvement may be limited to certain aspects of planning for the stations, such as the issuing of necessary public space permits. To cover permitting costs for the use of public space, the private bike share company may be required to provide a percentage of profits (typically around 10-25%). To generate additional profits, the bike sharing company may sell advertising space on its bicycles and/or stations. Itis important to note that several successful European bike share models, including Paris and Barcelona, use this approach. System Planningand Design Station Location (see -attached map of proposed station locations) • Station spacing is key • Where feasible, stations should be located: • Where increased population and job densities positively impact ridership • Proximal to transit stops or hubs to facilitate connectivity • Along existing network of bike infrastructure or on streets that are accommodating to bicycles in scale and activity • In locations that are clearly visible from multiple approaches and maximize pedestrian circulation and accessibility • Between multiple destinations that generate activity atd ifferenttime of day EXHIBITA Station Density and Level of Service • Target density: 8-16 stations per square half mile and is highly context dependent Y Target supply: 10-30 bikes per 1K residents/tourists in the program coverage area Y Target docking space to bike ratio: 2-2.5 docking spaces per bike in system Station Type and Design Manual vs. Automated: Systems can be either manual or automated. In a manual system, an attendant records the user's information and helps with checking bikes in and out (including payment). Automated systems allow users to check bikes in or out and make payments electronically, either at the terminal or kiosk or directly at the docking station. These types of systems often use specialized key cards. Modular vs. Permanent: Modular stations are designed to be moved to allow maximal flexibility in network configuration. They are typically constructed on a base that is then bolted into the concrete or asphalt; many modular station designs include solar power. Permanent stations typically takes typically involve excavation and trenchingto reach the power source. Docking Styles Docking Spaces: Each space docks one bicycle. The number of spaces determines the size of the station's footprint, enabling station size to be adjusted to fit the available space. This style of dock takes up more space per bike than cycle parking areas but may be better suited for an urban environment. Bicycles are checked out at either the terminal or atthe actual docking space, depending on the station design. Cycle Parking Area: Bicycles are stored on racks in a secured area. Cycle parking areas are a good option for larger stations (more than 50 bicycles) because cycle parking racks can hold more bikes per square meter than docking spaces. At stations with cycle parking areas, bicycles are checked in and out manually or through a turnstile. Because these stations require a secure area that is fenced or walled off, they can be more intrusive in the urban landscape. Software and Payment Mechanisms Most systems use card technology (smart cards, magnetic cards, or credit cards) to check bikes in and out. Key considerations include: • How customers register and pay for the system • How bikes are check in and out from docking spaces • How information is transmitted both internally for management and externally for customers Table 9: Financial Models for Bike Share Programs Capital Cost and Financing Stations (terminal docking spaces) Software Station Installation Coordination and Oversight Maintenance Operations (staffing) User Fees* Sponsorship Opportunities Capital Cost Bicycles (tubeless and chainless) Maintenance Depot/Control Center (annual update) Replacement/Maintenance Hardware Operating Costs Potential Revenue Sources Marketing Insurance Advertising Sales Private Investmen *User Fees - Depends on business model and relative importance of defraying system costs Option Hourly Range ($) $2 - $8 (first 15 min. free) Individual Daily Membership $3 - $30 Individual Weekly Membership $9 - $30 Individual Monthly Membership $20 - $40 Individual Annual Membership $13 - $95 Corporate Annual Membership $35 - $50 /employee** **Corporate Annual Memberships can include unlimited free trips up to 30 minutes Sponsorship Opportunities • Whole system capital cost underwriting • Whole system operations underwriting • Individual station capital cost underwriting Y Individual bicycle capital cost underwriting Y In-kind marketing support Advertising Sales • Individual station • Individual bicycle EXHIBITA Indirect Savings • Reduced shuttle operation/costs by area hotel • Increased pedestrian traffic to area restaurants and retail • Increased transit ridership • Effective expansion of CBD/tourist district SPECIAL TOPICS NARRATIVE 85 PRELIMINARY PROPOSED BIKE SHARE STATION LOCATIONS OPreliminaryProposed BI ke Share Stations Low Cost/Rapid Implementation Bike Boulevard Bike Boulevard as Intermediary Treatment Buffered Bike Lane Buffered Bike Lane as Intermediary Treatment Multi -use Siidepath (one side) as Intermediary Treatment Strategic Capital Investment 86 1 -way Cycle Track (both ways) Multi -use Sidepath (one side); pink indicates side of street on which facility should be installed Off Road M u Iti-use Trail TBD: Corridor study recommended D z O Location: Downtown and North Beach area. Corpus Christi, TX 2 Walking School Buses and Bicycle Trains Walkingtogetherto Badin Elementary School in Badin, North Carolina. A walking school bus and bicycle train both consist of groups of students accompanied by adults that walk or bicycle a pre -planned route to school. Routes can originate from a particular neighborhood or, in order to include children who live too far to walk or bicycle, begin from a designated parking lot. They may operate daily, weekly or monthly. Often, they are started in order to address parents' concerns about traffic and personal safetywhile providing a chance forparents and children to socialize. Walking school buses and bicycle trains can be loosely structured or highly organized. For example, walking buses or bicycle trains can be as simple as neighborhood families deciding to walk or bicycle together, possibly sharing parental chaperoning on a rotating basis. More formal, organized walking school buses and bicycle have a coordinator at the school or district level who recruits volunteers and participants, creates a schedule and designs a walking route. While requiring more effort, more structuredwalking school buses and bicycle trains offerthe opportunity to involve more children. Quick steps to a walking school bus or bicycle train Loose/informal structure: 1. Invite families who live nearby to walk or 3. Decide how often the group will travel bicycle as a group together 2. Pick a route and take a test walk or ride 4. Start walking or bicycling Highly organized/formal structure: 1. Determine the amount of interest in a walking school bus or bicycle train 2. Contact potential participants and partners and identify a coordinator 3. Identify route(s) 4. Identify a sufficient number of adults to supervise walkers or bicyclists; (The Centers for Disease Control recommends one adult per three children for children ages 4 to 6 and one adult for six children for older elementary children ages 7 to 9 (2000); for bicyclists, one adult per three to six children is recommended) 5. Finalize logistical details including setting a time schedule, training volunteers and promoting participation 6. Promote and host a kickoff event 7. Trackparticipation 8. Make changes to the activity as needed 3 Local Improvement Districts A Local Improvement District (Improvement District) is a method of financing capital improvements constructed by the city that provide a special benefit to the properties within the boundary of the Improvement District. The Improvement District formation process leads to the sale of bonds and the retirement of those bonds via annual payments paid by the property owners within the district. The Improvement District assessments become lienson the benefitted properties. Existing language for municipal laws: City of Corpus Christi, TX (Ord. No. 027066,§ 8,12-1-2006) Assessment and improvement districts - (a) The city shall have the power to establish assessment districts, in the manner hereinafter provided, for the purpose of constructing public improvements within said districts and to provide that the cost of making any such improvements shall be paid by the property owners owning property specially benefited by reason of making the improvements. The city may levy a special assessment as a lien against any such property and issue certificates of obligation covering the cost of such improvements bearing interest not to exceed the maximum legal rate. No assessment district shall be created withoutfirst submitting the question to a vote of the qualified voters in the city who own real estate in the proposed district. If the returns of the election show thattwo-thirds or more of the qualified voters of the city who own real estate in the proposed assessment district voting in the election voted in favor of the proposition, the city council shall create the assessment district and establish its boundaries. All matters pertaining to any assessment lien for public improvements shall be made in substantial compliance with the laws pertainingto street improvements. (b) The city shall have power to establish improvement districts, in the manner hereinafter provided, in order to assist in the development of commerce, tourism, resort activity, and convention accommodation for the promotion of the welfare of the city. Within any such improvement district, the city council shall have the power to lease, sublease or provide for the installment sale of any city - owned improved or unimproved land, or any interest therein, for any governmental or private use, at its fair market value as determined bythe city council withoutthe necessity of voter approval. The term of any such transaction shall not exceed sixty years. An improvement district under this subsection shall be established by the council subject to approval by a majority vote of the qualified voters of the city voting at an election called for approval of the establishment of the district. The metes and bounds description of any such district, as approved by election, shall be kept on file in the office of the city secretary as part of the public records of the city, and any improvement district established by Charter amendment prior to the adoption of this provision shall be maintained in full force and effect and shall be subjectto the provisions of this section. City of Portland, TX Requestby property ownersfor street improvements study - The owners of real property abutting a public street located within the city may request of the city a preliminary engineering study and report concerning improvement of all or part of such street by presentingto the city engineer a letter of requestfor consideration of a street improvement project. The request shall be submitted on forms made available by the office of the city engineer. Such letter of request must specify the proposed length and location of the portion of the street for which the study is requested, and must be signed by persons constituting at least fifty-one (51) percent of the property owners and owning at least fifty-one (51) percent of the property frontage involved in the requested improvement study. Such letter of request shall designate one (1) property owner residing on such street as the representative of the property owners filing the request for communications with the city engineer and city staff. EXHIBITA SPECIAL TOPICS NARRATIVE 87 4 Special Maintenance Agreements Planning for and investing in operation and maintenance (O&M) is key to maximizing the return on investments in bicycle infrastructure. Traditional centralized systems for O&M, which are the responsibility of municipalities and utilities, may not be adequate to address all O&M needs in the face of conflicting budgetary priorities; in such cases, community- or user -based systems for supporting O&M may yield increased efficiency, benchmarking, raise awareness/debate, and improved resource allocation. The keys to improving operation and maintenance—and hence resource efficiency and sustainability—are the availability of accurate information aboutthe relative condition of infrastructure and the distribution of clear roles and responsibilities. The creation of special maintenance agreement between municipalities and neighborhoods allow the neighborhoods to spearhead maintenance of bicycle infrastructure. Under such agreements, the neighborhood may commit to keeping the bicycle infrastructure free of litter, debris and graffiti, and/or agree to be responsible fora variable number of cleanups each yearfor a specific duration of time. Jr Cyclovia Cyclovia is a Spanish term that means cycle way, either a permanent bike path or the closing of certain streets or cyclists and pedestrians. Cyclovia has its origins in Columbia and the inspiration is credited to Bogota. Each Sunday and on public holidays from 7am until 2pm certain main streets of Bogota, Cali, Medellin, and other municipalities are closed to cars to grant runners, skaters, and bicyclists safe and unfettered use. At the same time, stages are often set up in city parks and aerobics instructors, yoga teachers and musicians lead people through various performances. Cyclovias have gained a following in Australia, Argentina, Belgium, Canada, Chile, Costa Rica, Ecuador, Guatemala, Mexico, New Zealand, Peru, and in a number of cities in the United States. Successful US cyclovias include Durham, NC; Fort Collins, CO; and in the Lone Star State in Austin, Fort Worth, El Paso, and San Antonio. 6 Safe Passage Citation Fee Structure Law enforcement plays an essential role in supporting bicycle travel by reducing unsafe operation of motor vehicles and bicycles and by reminding the public about the legal rights and duties of road users. Police officers, prosecutors, and judges should treat bicyclists as full and equal road users in the investigation, citation, and prosecution of traffic laws, and in assigning fault/liability and awarding damages. The State of Texas Safe Passage Law S.B. No. 1416, effective September 1, 2015, requires cars to provide cyclists with a three foot buffer; trucks must allow six feet of clearance. The City of Corpus Christi adopted an analogous ordinance on May 15, 2012, under which violations are considered a Class C misdemeanor, punishable by a fine of no more than $500. Opinions vary about preferred fee structure for violations of Safe Passage ordinances. Data from other communities suggests that law enforcement officials may be more inclined to cite motorists for violating Safe Passage laws if the fee is minimal (–$50 for first time offenders, up to –$150 for repeat offenses). Critics of this perspective argue that the number of citations issued is limited by the challenge of 88 SPECIAL TOPICS NARRATIVE enforcing the law, i.e. observing the violation and judging the distance, rather than by enforcement officials' opinion aboutthe severity of the penalty. Likewise, proponents of stricter penalties argue that the law is designed to protect vulnerable users—cyclists—and thus must be stringent enough to inspire motorists to change their behavior. Local law enforcement officials should be partyto any local dialogue aimed at optimizing Safe Passage laws and fee structure atthe local level. 7 Rules and Codes for Safe Cycling Potential fodderforlocal safe cycling codes includes: Basic Rules of the Road 1. First come, first served – Everyone on the road is entitled to the lane width they need. This includes the space behind, to each side and the space in front. If you want to use someone else's space, you mustyield to whoever is using it. 2. Drive on the right half of the road - n the United States, everyone must drive on the right-hand side of the roadway. 3. Stop/yield before entering a busier roadway - When you come to an intersection, if you do not have the right of way,you mustyield. 4. Look/yield before moving laterally - If you want to change lanes, you must yield to traffic that is in your new lane of travel. 5. Practice destination positioning at intersections -Bikes can share the same lane with other drivers. If a lane is wide enough to share with another vehicle (about 14 feet), ride three feetto the right of traffic. If the lane is not wide enough to share, "take the lane" by riding in the middle. 6. Practice speed positioning between intersections -The slowest vehicles on the road should be the furthest to the right. Where you position yourself on the road depends on the location of anyparked cars, your speed, and your destination. Always pass on the left. Signaling Bicyclists are required to use the proper hand signals when turning, changing lanes or stopping: • Reduced shuttle operation/costs by area hote I • Increased pedestriantrafficto area restaurants and retail • Increased transit ridership • Effective expansion of CBD/tourist district EXHIBITA Helmet Laws Most states require the use of bicycle helmets to some degree, often for children under the age of 16 or 18, and local ordinances in many US cities exceed requirements in their respective states by requiring helmets for cyclists of all ages. The following are examples of municipal bicycle helmet laws within the state of Texas. City Ages Effective Year Arlington Under 18 1997 Austin Under 18 1996/97 Bedford Under 16 1996 Benbrook Under 17 1996 Coppell Under 15 1997 Dallas Under 18 1996/2014 Fort Worth Under 18 1996 Houston Under 18 1995 Southlake Under 15 1999 Local codes addressing helmet use typically include language such as: Any person from the ages of (defined locally), riding or otherwise moving on a bicycle, including any passenger thereon and/or person being towed thereby, on any public area in the City shall wear an approved helmet, and shall have either the neck or chin strap of the helmetfastened securelywhile the device is in motion. Standard Definitions: "Approved helmet" means a head covering designed for safety that shall meet or exceed the requirements safety of standards adopted bythe U.S. Consumer Product safety Commission (CPSC) 15 USCS 6004, or such subsequent nationally recognized standard for helmet performance as the city may adopt. The helmet must be equipped with either a neck or chinstrap that shall be fastened securelywhile the wheeled -vehicle is in motion. "Bicycle" means every device propelled solely by human power upon which a person or persons may ride, having two tandem wheels either of which is eleven inches or more in diameter, or three wheels, any one of which is more than twenty inches in diameter. Within this ordinance, the term "bicycle" shall include anyattached trailers, side cars, and/or other device beingtowed by a bicycle. Lights and Reflectors In virtually every state, bicyclists are required to have red lights on the back and white lights on the front while riding at night. Details vary between individual state and local laws. Texas: Musthave a white light on the front and a red reflector or red light on the rear (for riding at night): (551.1046, effective September, 2001). Ridingon Sidewalks Some communities—particularly in those with robust bicycling infrastructure—may opt to enact codes that prohibit bicyclists over a certain age (13 in San Francisco, for example) from biking on sidewalks. However, in communities with fledgling cycling culture and/or particularly dominant driving culture, the adoption of local codes that expressly permit cycling on city streets and sidewalks as a by right use (except where explicitly indicated otherwise by signage or other equivalent notification) may help to foster cycling culture by alleviating uncertainty among the general public and law enforcement officials about where cyclists are permitted. Such codes should clearly indicate that cyclists must yield to pedestrians on all shared facilities. Stop Signs and Stoplights As with motorists, bicyclists must come to a complete stop at all stop signs and red lights. Consistent enforcement of this particular requirement, where covered state and/or local codes, can be an important strategy in promoting safe cycling and fostering a sense of equity among motorists who may otherwise be critical of whatthey perceive as disproportionate leniencyforcyclists. As with enforcement of Safe Passage ordinances among motorists, the fee structure for enforcement of stop sign/red light violations by cyclists is an important consideration, and local law enforcement officials are key stakeholders in the discussion. Officials may be less inclined to cite cyclists if they perceive the penalties to be unduly stiff; conversely, if fees for violators are not sever enough, they will not inspire the desired change in behavior and may be perceived as inequitably by motorists, thus breedingresentment. Encroachmenton Bicycle Infrastructure Local codes must provide clear, explicit authority for citation of encroachments and/or degradation of public cycling infrastructure. Parked vehicles, overgrown foliage, trash receptacles, and other such infringements on bike infrastructure pose a very serious safety risk to the cycling public and must be addressed swiftly and with the appropriate severity so as to deter repeat offense. The creation, as recommended in this plan, of a dedicated telephone hotline and smartphone application for use by the public in reporting such encroachments can be a meaningful contribution to the efficiency of code enforcement operations, butthe efficacy of such a tool depends on the passage of local codes that allow for appropriate response by code enforcementofficia Is. Applicability of Traffic Laws Sample language: Every person riding a bicycle upon a street or sidewalk shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by the laws of this state declaring rules of the road applicable to vehicles, this Code XXX or other ordinances of this city applicable to the driver of a vehicle, except as to those provisions of laws and ordinances which by their nature can have no application, and except as otherwise provided in this chapter available code language. EXHIBITA SPECIAL TOPICS NARRATIVE 89 8 Bike Safety Classes in Lieu of Fines 1 0 DrivelGnd RideKind was jointly developed by the Austin -based nonprofit Please BE KIND to Cyclists (Please BE KIND) and the Texas Department of Transportation (TxDOT) to promote safe driving practices by motorists as they share Texas roads with vulnerable road users such as cyclists and pedestrians. The mission of Drive Kind RideKind is to educate and inspire all road users to encourage personal responsibility and foster behavioral change to enhance safety. The program includes a video and program guide. The program guide is made up of 7 sections and corresponding video segments: Section 1: ATrue Story Section 2: Awareness Section 3: Infrastructure Section 4: Distractions Section5: Crashes Section6: Sharing the Road Section 7: Personal Responsibility The program includes topics for class discussion and key take -a -ways. Instructors, school owners and administrators, and the public are welcome and encouraged to request, view, download, and share the DriveKind Ride Kind video. Most notably the program is free and implementation is flexible. Municipalities can develop 1-2 hour long classes or half-day workshops with the program focusing on aspects of the program that address specifi c community needs. 9 Standard Contracting Language for Construction Zones When planning major roadway projects, construction and development guidelines should require contractors to provide continuous access to pedestrian and bicycle infrastructure so as to minimize disruption to the commuting public. The Traffic Control Plan that is typically developed as part of the planning processfor roadway projects is the appropriate place to address this need. Language found in the General Notes for Traffic Control might be enhance to read as follows: Contractor shall provide continuous access to all business and residential driveways during the construction period. Contractor shall also provide safe and well -signed continuous access to pedestrian and bicycle infrastructure and/or alternate pedestrian and bicycle infrastructure during construction period." 90 SPECIAL TOPICS NARRATIVE Bicycle Counts One of the more significant problems for advocates of active mobility is the dearth of accurate bicycle use data. Knowing how many people are bicycling informs demand for infrastructure, provides feedback on the value of existing facilities, identifies needed improvements, helps compare safety between modes, and bolsters local support for active mobility. The lack of data is also problematic when apportioningtransportation dollars. There is national recognition of the need to collect more and better data for bicycling. The Federal Highway Administration (FHWA) has launched a "Bicycle -Pedestrian Count technology Pilot Program" with ten Metropolitan Planning Organizationsto collectthis data. At the state level, a Washington State Department of Transportation research initiative, in conjunction with Portland State University developed a bicycle and pedestrian miles traveled metric estimate for Washington State. A second phase is underway to develop tools for implementation of the methodology. EXHIBITA 1 1 Performance Measures Periodic prog am evaluation is critical to assess progress toward stated plan objectives. Program evaluation provides accountability to the public (and those who fund projects or programs) and thus may help bolstercommunity supportfor program investments and expansion. Category Metric Suggested Source of Data Evaluation Period Quality of Bicycle Infrastructure Total percent build out of Bicycle Mobility Network Annual Municipal Engineering Dept./MPO Number of miles of bike infrastructure (built in conformance with Bike Mobility Plan in terms of location and infrastructure type) per capita Annual Municipal Engineering Dept/MPO Total annual munidpal capital spending on bicycle infrastructure Annual Municipal Engineering Dept. Proportion of respondents (to community survey implemented every 3 -years) who cite the poor condition of existing bike facilities as a reason for not riding more often 3 Vears MPO Bicycle Safety Number (city-wide) of reported bike/vehicle interactions Annual Munidpal Police Depts. Number (city-wide) of reported vehicle crashes of any' type Annual Munidpal Police Depts. Number (City-wide) of fixed (permanent) signs related to safe cycling installed within the project area Annual Municipal Traffic/ Engineering Dept. Total annual munidpal expenditures on bike safety outreach/awareness (PSAs, vehicle wraps, city -sponsored safety courses) Annual Munidpal P10/ and/or PD Percentage of grade schools (grades 1-12) with some form of designated Safe Routes to School Program Annual School Districts Proportion of respondents (to community survey implemented every 3 -years) who cite not feeling safe from vehicles on existing bike facilities as a reason for not riding more often 3 Vears MPO Proportion of respondents (to community survey implemented every 3 -years) who cite feeling that local drivers are too aggressive toward cyclists as a reason for not riding more often 3 Vears MPO Category Metric Suggested Source of Data Evaluation Period Bicycle Demand Bicycle counts on select corridors as part of existing municipal traffic count program; when possible, counts should be instituted on a given corridor before and after the construction of infrastructure prescribed in this plan Annual Munidpal Traffic/ Engineering Dept. Bike hoardings on transit on a route -specific basis as a proportion of available rack space Annual RTA Number of zero -car households, total and per demographic categories (race, gender, household income level) 10 Vears Census Number of bike commuter rates, total and per demographic categories (race, gender, household income level) 10 Years Census Number of registered Strava Metro commuters and in the number of commuter trips logged per month Annual Strava/MPO Number of requests submitted monthly through telephone hotline/smartphone app regarding encroachments/repair on bike infrastructure Annual (average monthlytotals) Munidpal Streets Dept. Percentage of students (grades 1-12) who bike to school at least one day per week Annual School Districts Proportion of respondents (to community survey implemented every 3 -years) who report riding a bike (for any reason) at least once per week 3 Vears MPO Proportion of respondents (to community survey implemented every 3 -years) who indicate that the vision defined in this plan accurately describes their vision for the future of their community 3 Vears MPO Number of business certified as Bike Friendly Businesses" Annual Chamber of Commerce (or other sponsor of BPB Certification Program) *data from other communities suggest thatthe installation of bicycle infrastructure is associated with areduction in vehicular crashes fall types) **through certification program recommended in this plan EXHIBITA SPECIAL TOPICS NARRATIVE 91 10115 1. t f • EXHIBITA APPENDICES Appendix A: Stakeholder Engagement Database Appendix B: Steering Committee Invitees Appendix C: ANSWER IT! Online Survey and Data Summary Appendix D: Presentation Locations Appendix E: Community Events Attended Appendix F: Poster and Flyer Locations Appendix G: Interview Protocol and List of Interviewees Appendix H: Targeted Vetting of Preliminary Bicycle Mobility Plan Appendix I: Sample Resolution in Support of Implementation of the Bicycle Mobility Network Appendix J: Drive Kind Ride Kind Program Guide Appendix K: Model Bicycle Parking Ordinance Appendix L: Priority Sport Routes for Road Bikes EXHIBITA A-1 A-1 A-2 A-6 A-6 A-7 A-8 A-9 A-9 A-1 1 A-1 2 A-1 8 APPENDICES Appendix A: Stakeholder Engagement Database C.S.N Pack .259 11 -Mt on Pan, Commt. Bar A-1 APPENDICES Appendix B: Steering Committee Invitees Entity Corpus Christi EDC Delegate Lain Vasey Title CEO/President Corpus Christi ISD Dr. Roland Hernandez Superintendent City of Gregory Robert Meager Chief of Police City of Portland Brian DeLatte, P.E Assistant City Manager Jamie Pyle, P.E. Director of Public Works Coastal Bend Center for Ind. Living Judy Telge Director of Development City of Corpus Christi Bicycle & Pedestrian Subcommittee Gretchen Arnold Chair Capital Programs Jeff Edmonds, P.E Director of Engineering Services Jerry Shoemaker, P.E Senior Program Manager Development Services Dan Grimsbo Director of Development Services Island StrategicAction Committee Greg Smith Chair Parks &Recreation Jay Ellington Director Stade Talbert Anaya Assistant Director Corpus Christi Police Department Michael Markle (Then) Interim Police Chief Mark Schauer Assistant Chief of Investigations Bureau Ronald Zirbes Senior Officer Street Maintenance & Repairs Dan Grimsbo Director of Development Services Transportation Advisory Commission Scott Harris, P.E Chair Traffic Engineering Dr. Raymond Chong, P.E Director of Traffic Engineering Convention &Visitors Bureau Elvia Aguilar Director of Brand Management Corpus Christi Housing Authority Gary Allsup Director Del Mar College Mark Escamilla President Downtown Management District Terry Sweeney Executive Director North Beadi Community Association Carrie Robertson Meyer President Nueces County Glen Sullivan, P.E Director of Public Works Port of Corpus Christi Authority Natasha Fudge, P.E. Project Engineer/Planner Regional Transportation Authority Gordon Robinson, PMP Director of Planning San Pat County Dolores Hinojosa ROW Coordinator San Patrido County EDC Becky McMillon Director SEA District Association Bill Durril General Manager TAMUCC Amanda Drum Executive Director, Strategic Engagement & Initiatives TxDOT- Planning Victor Vourcos, P.E Director of Development Services EXHIBITA Appendix C: ANSWER IT! Online Survey and Data Summary How often do you ride a bicycle? How often do you use a bicycle for TRANSPORTATION (instead of a car or bus to reach a destination)? Answered 222 Skipped:1 Answered: 195 Skipped:28 Daily At least once per week 1-4 timm per month Lessthan a dozen times ... I do not ride a bike • 0% 10% 20% 30% 40% 50% 60% 70% 30% 90% 100% 11g:onus At least once per week 59 1-4 times per month Lesstnan a dozen timeS per y,e, 45 I do not ride a Me Daily At least once per week 1-4times per month Less than a dozen times ... I do not ever use a bicycl... r 0% 10% 20% 30% 40% 50% 60% 70% 30% 90% 100% ..1114.19. Dal, 13.05% 27 At least once per week 16.92%. 33 1-4 times per montll 36 Lesstnan a dozen times per,. 20.51% 40 I do not ever UbU e bicycle tor I HANSDOHINIION 30.36% 59 T414 195 EXHIBIT A APPENDICES A-2 Appendix C: ANSWER IT! Online Survey and Data Summary (con't) Which of the following prevent you from riding a bike more often How likely would you be to use each of the following amenities? (select all that apply)? Absence of bike facilit... Poor condition (e.g. debris... I don't feel safe from... Stray dogs Local drivers aretoo... Lack of secure bike parking... Answered, 218 Skipped, 5 The bike racks I on the buses... There is no place to sho... Other (please specify) 0% 10% 20% 30% 40% 50% 60% 70% 30% 90% 100% Absence M (e g bike lanes or paths) along the streets on M. I d like to ride 169 Hoor condition (e g debris in bilm lane) ot misting bilm tacilities 132 I dont teel sate tromvenicles on tne exiMing tacilities 7248% 1,8 Stray dogs 30.64% 4, Local drivers are too aggressive toward cyclists 66.60% 121 Lack of secure bike parking M. des.atior. 36.78% 78 The bike racks onthe buses I ride are usually full There is no place to shower andor change where I work Other (please speCiN) 37 A-3 APPENDICES 218 Free bike safety cours... Free bike safety cours... Free bike maintenance"... Free bike maintenance"... Free printed map of bike... informationai website Telephone nothne to... On-line form to report bi... Free smartphone b... 2 • 3 4 6 7 Answered, 211 Skippeci,12 3 nlY7T8 5776774.''' '77 Mee bike Safe, COMSe. ...Weekend Free kke Safe, COMSe. eVernng MMSOnWeekendS n'leOndS=err„errt:,e"r k'SkS Mee b. maintenan.repaimuume Ru Morale we.ends erieeenrgehgTsTrXerrr 'uurbe'ru lyrg(Per'9'eu=biTe7aTetesenperr' t"t 'd= 0:t'rre't'er lend'i7cTtr=ea'rrno7T,MWrsS Sehed'e eV ents s'en Telephone hotline to report bike Mc. maintenance issue/safety concern On line torm to repo.. tacill, Maintenance issuelsat. mmer, Mee smartprone Me rout, planning a. —17 77 77 77 208 77 202 20] 53 209 46 204 209 65 210 ala 20] 707 20] EXHIBIT A Appendix C: ANSWER IT! Online Survey and Data Summary (con't) How accurately does the following statement describe your vision for the future of your community? The metropolitan area of the Coastal Bend is a place where walking and biking are integral to the community culture and represent viable, safe travel and recreation options for residents and visitors of diverse abilities. 1. This statement do... 2. This statemmt.. 3. This statement.. Answered: 204 Skipped: 19 0% 10% 20% 30% 40% 50% 60% 70% 30% 90% 100% Response. 1 This statement does not describe ere visionloMhe future of my communrly at all 2 This statement partial, describes my vision for the future of roe communi, 45 3 This statement accurately describes ere vision for the Mture M ere communrly 149 Q6 In which zip code do you live? 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answered: 202 Skipped: 21 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% /UM 0 00, EXHIBIT A 202 APPENDICES A-4 Appendix C: ANSWER IT! Online Survey and Data Summary (con't) How old are you? Answered: 199 Skipped:24 10-15 16-18 19-22 23-29 30-39 40-49 50-59 60-69 70• • 1 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 9461,4.666 1 618 1.5114 19-22 23-29 28 3639 PPM 4649 76, Total A-5 APPENDICES fi 199 Q8 Are you a full-time student? Yes No Answered: 198 Skipped: 25 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Responses 28 No Q9 Gender? Male Female Answered: 201 Skipped: 22 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% M ale emale EXHIBITA 97 Appendix D: Presentation Locations Date Audience 03/10/2015 City of Corpus Christi City Council 04/01/2015 Corpus Christi Regional Transportation Authority 04/10/2015 Corpus Christi Chamber of Commerce Infrastructure Group 04/13/2015 Coastal Bend Bays and Estuaries Foundation 05/07/2015 City of Corpus Christi Mayor's Breakfast 05/13/2015 Texas Sodety of Professional Engineers, Corpus Christi Chapter 05/14/2015 City of Corpus Christi Mayor's Fitness Council 05/20/2015 City of Corpus Christi Transportation Advisory Committee, Bicycle & Pedestrian Subcommittee 06/01/2015 Corpus Christi Cycling Club, Corpus Christi Triathlon Club, i-quack/South Side Cyding Club 06/04/2015 Hour Bluff Business Association 06/04/2015 Corpus Christi Greater Hospitality Association 06/24/2015 Physical Activity Coalition for Nueces County 07/07/2015 Local Emergency Planning Committee 07/07/2015 City of Portland City Council 07/14/2015 young Business Professionals 07/17/2015 Corpus Christi Air Quality Group 07/23/2015 Portland Chamber of Commerce 08/27/2015 Nueces County Safe Communities 09/21/2015 City of Corpus Christi Transportation Advisory Committee, Bicycle & Pedestrian Subcommittee 09/22/2015 Island Strategic Action Committee (select officers) 09/23/2015 Braselton Homes 09/23/2015 North Beach Community Association 10/22/2015 Corpus Christi Association of Realtors 11/03/2015 American Diabetes Association 11/19/2015 City of Corpus Christi Ad Hoc Infrastructure Committee (Chair only) 12/08/2015 West Oso Integrated School District 01/05/2016 City of Corpus Christi Transportation Advisory Committee (including Bicycle & Pedestrian Subcommittee) 01/11/2016 Portland Rotary Club 02/08/2016 Portland Integrated School District Appendix E: Community Events Attended Public outreach at fifteen events during the summer of 2015 included project introduction and overview, distribution of informational flyers, and in-depth interviews with receptive participants. The intent was to reach a greater diversity of community membersthan would typically have participated by attending a public meeting. Date 05/16/2015 Event Beach to Bay Reached 100 Note Flyers&people 05/27/2015 Farmer's Market 15 Flyers & people 05/29/2015 A La Mano (Food Truck Fridays) 50 Flyers & people 05/30/2015 It's Your Life 5K 20 Flyers & people 06/05/2015 Art Walk 38 Flyers & people; 8 In-depth Interviews 06/13/2015 Juneteenth 35 Flyers & people; 5ln-depth Interviews 06/13/2015 Portland Dog Park/ 5K Bike Race & Pet Karnival 25 Flyers & people; 5ln-depth Interviews 06/17/2015 CC7D Brew & Film Crews 50 Flyers & people 06/19/2015 Olympic Day Celebration 43 Flyers & people; 1 ln-depth Interviews 06/19/2015 Garcia Library 32 Flyers & people; 1 ln-depth Interviews 06/20/2015 Stadse Dash 5K 50 Flyers & people; 6 ln-depth Interviews 06/23/2015 Hooks Baseball Game (Tuesday night) 120 Flyers & people; 8 In-depth Interviews 06/24/2015 McDonald Library — Flyers 07/18/2015 Ride -In Theater4 In-depth Interview 07/23/2015 BMX Interviews 20 Flyers & people; 2 ln-depth Interviews EXHIBITA APPENDICES A-6 Appendix F: Poster and Flyer Locations In an effort to supplement the outreach done at community events, flyers and posters were left at businesses and organizations around the project area to bring awareness to the public about the project. At each location, stacks of 10 or more flyers were left in easily accessible areas. If a bulletin board or poster area had room, a poster was left as well. Locations were selected both to cover a wide geographic area and to target specific bike -friendly or bike -accessible businesses. Approximately 900 flyers were left at more than 50 businesses. 6 Points Downtown Flour Bluff Hester's Executive Surf Club La Playa Bleu Frog Mercantile House of Rock Fun Trackers Price's Chef Restaurant Axis Tattoo La Palma Good Shepherd Resale Youga yoga Coffee Waves All Good Downtown Fitness Flex Fit 24/7 South Side Carl's Fine Flowers Papa Murphys Natatorium Hester's By the Bay Brinca Art Museum Other Big Bowl Korean BBQ Colier Pool Smoothie King Portland/Gregory HER Pool Flex Fit Gym Hibbett Sports Greenwood Pool Gold's Gym Gregory City Hall Joint Venture Theads 00,1 Pizza Academy Garcia Library Fuzn/s Taco Shop City Pool & Community Center La Retama Library Goodwill Portland First United Methodist Church Neyland Library Small Planet La Iguana Restaurant Harte Library RowZone Portland City Hall Hopkins Library Siagon Cafe West Side Alameda & Texan Trail Boys & Girls Club Greenwood Island yogurt Shop La Michoacana Freedom Fitness McDonald Library Marble Slab A-7 APPENDICES Flyer Sample transportation. We want to hear from you! MAP IT! TRACK IT! map where you download Strava to bike ride or where your smartphone you'd like to ride to track your routes ANSWER IT! survey to share your priorities www.coastalbendinmotion.org rww.facebook.com/coastalbendinmotion EXHIBITA Appendix G: Interview Protocol What is your primary reason for riding a bicycle? • Transportation • Recreation • Exercise • Other How often do you ride a bicycle? • Everyday • At lease once a week • 1-4timesa month • Less than a dozentimesyearly • Ido not use a bike Where do you ride your bicycle? • Streets • Destinations • On street or onsidwalk How many miles do youtypically ride to get to yourjob/destination? Why do you use a bike for transportation as opposed to a car or public transportation? What improvements do you think could be made to make your commute easier? What improvements do you think could be made to encourage more people to use bicycling as a form of transportation? How accurately does the following statement describe your vision for the future of your community? (Select one) The urban area of the Coastal Bend is aplace where walking and biking are important to the community culture and represent practical, safe travel and recreation options for residents and visitors of all levels of ability. • This statement does not describe my vision forthe future of my community at all • This statement partially describesmyvision for the future of my community • This statement accurately describes myvision for the future of my community In which zip code do you live? How old are you? Are you a full time student? Yes No Appendix G: List of Interviewees Interview 1 Gender M Age 65 Non- Student/Student N Zip 78374 Interview Gender Age Student/ Non -Student Zip 26 M 39 N 78413 2 F 65 N 78374 27 M 29 N 78413 3 F 12 S 78374 28 M 28 N 78413 4 F 45 N 78374 29 F 28 N 78413 5 F 42 N 78374 30 M 54 N 78414 6 F 65 N 78374 31 F 45 N 78414 7 F 38 N 78374 32 M 72 N 78414 8 M 12 5 78374 33 F 35 N 78414 9 F 12 S 78374 34 M 43 N 78414 10 M 10 5 78374 35 F 11 5 78414 11 F 35 N 78404 36 F 63 N 78414 12 F 46 N 78404 37 M 50 N 78414 13 M 53 N 78404 38 M 23 N 78415 14 M 14 S 78405 39 M 23 N 78415 15 M 43 N 78405 40 M 35 N 78415 16 F 56 N 78410 41 F 19 5 78416 17 F 54 N 78411 42 M 8 Y 78416 18 M 43 N 78411 43 M 14 Y 78416 19 M 63 N 78411 44 F 65 N 78418 20 F 25 S 78412 45 M 63 N 78418 21 M 16 S 78412 46 M 33 3 78418 22 M 16 S 78412 47 M 5 5 78418 23 M 17 S 78412 48 M 24 5 78418 24 F 17 S 78412 49 M 34 N 78418 25 M 22 N 78413 50 M 15 5 — EXHIBITA APPENDICES A-8 A-9 Appendix H: Targeted Vetting of Preliminary Bicycle Mobility Network Appendix 1: Sample Resolution in Support of Implementation of the Date 05/16/2015 Entity City of Portland Delegate Jamie Pyle, P.E. Title Director of Public Works City of Portland Brian DeLatte, P.E. Assistant City Manager 09/04/2015 Convention &Visitors Bureau Elvia Aguilar Director of Brand Management Downtown Management District Terry Sweeney Executive Manager SEA District Association Bill Durrill General Manager 09/17/2015 North Beach Community Association Carrie Robertson Meyer President 09/21/2015 Texas A&M University Corpus Christi Dr. Amanda Drum Executive Director, Strategic Engagement & Initiatives Regional Transportation Authority Gordon Robinson, PMP Director of Planning City of Corpus Christi Scott Harris, P.E. Chair, Transportation Advisory Commission City of Corpus Christi Gretchen Arnold Chair, Bicycle & Pedestrian Subcommittee 09/23/2015 City of Corpus Christi Tom Niskala Consultant, Capital Programs City of Corpus Christi Sara Munoz Senior Engineer, Traffic Engineering City of Corpus Christi Dr. Raymond Chong, P.E. Director of Traffic Engineering City of Corpus Christi Stacie Talbert Anaya Interim Director, Parks & Recreation City of Corpus Christi Annika G. Yankee Senior Project Manager City of Corpus Christi Mark Schauer Assistant Chief of Investigations Bureau City of Corpus Christi Ronald Zirbes Senior Officer City of Corpus Christi Jerry Shoemaker, P.E Senior Program Manager, Capital Programs City of Corpus Christi Andy Leal, P.E Assistant Director, Street Operations Invite Sent City of Corpus Christi Greg Smith Chair, Island Strategic Action Committee Invite Sent San Patricio County EDC Becky McMillon Director of finance City of Gregory Chief Robert Meager Chief of Police Invite Sent NAS/CCAD Col. Pouge Email request graphic sent APPENDICES Bicycle Mobility Plan 1. WHEREAS, That the [Adopting Body] has a vision that the community is a place where walking and biking are integral to the community culture and represent viable, safe travel and recreation options for residents and visitors of diverse abilities and 2. WHEREAS, the [Adopting Body] has a goal of improving the health of its residents and the air quality of the community; 3. WHEREAS, both obesity and insufficient physical activity are creating significant health problems for Americans, leading to increased risk of heart disease, diabetes, endometrial, breast, and colon cancers, high blood pressure, high ch9lesterol, stroke, liver and gallbladder disease, sleep apnea, respiratory problems, and osteoarthritis; 4. WHEREAS, a primary contributor to obesity is lack of sufficient physical activity; 2 5. WHEREAS, bicycling is a safe, low -impact aerobic activity, enjoyed by millions of Americans, and provides a convenient opportunity to obtain physical exercise while traveling to work, shops, restaurants, and manyother common destinations;3 6. WHEREAS, bicycling frequently provides a practical alternative to driving, since 28 percent of all car trips are to destinations within one mile of home440percent of all trips are two miles or less from home and around 30percent of commuters travelfive miles or less to wok 7. WHEREAS, bicycling can greatly increase access to important services and provide more range of travel for people who do not own or cannot operate a car, including our increasing aging population, children and youth, people who are low-income, and those with disabilities or medical restrictions on drivingdue to issues like seizure disorders or vision impairments; 7 8. WHEREAS, replacing car trips with bicycle trips improves air quality by reducing the amount of carbon dioxide emissions, in light of the fact that transportation sources account for nearly one third of all such emissions in the United States, an average motor vehicle emp 8.8 kilograms of carbon dioxide per gallon of gasoline that it burns, and biking emitsessentially none; 9. WHEREAS, asthma rates are at their highest levels ever, with nearly one in lOchildren and almost one in 12 Americans of all ages suffering from asthma, and replacing motor vehicle trips with bicycle trips reduces the pollutants that directly contribute to asthma in both children and adults;9 10. WHEREAS, replacing car trips with bicycle trips reduces congestion and wear and tear on roads, improvingquality of life forresidents and providing afi nancial benefit for [Jurisdiction]; 11. WHEREAS, providing safe, convenient, and adequate bicycle parking is necessary to encourage increased use of bicycles as a form of transportation; 10 EXHIBITA Appendix I: Sample Resolution (con't) 12. WHEREAS, cities that have improved bicycle infrastructure, including parking, have seen a measurable increase in bicycle trips;11 13. WHEREAS, in light of the foregoing, [Adopting Body] desires to adopt and implement the Strategic Plan for Active Mobility to (1) develop of a cohesive, strategic network of bicycle facilities that accommodates a diversity of riders (2) enhance bicycle mode share for trips of all types (3) promote health and wellness through bicycling, and (4) enhance safety forbicyclists. SECTION 1. The City Council of the City of Corpus Christi, Texas supports the implementation of the Corpus Christi's Metropolitan Planning Organization's Strategic Plan forActive Mobility. NOW THEREFORE BE IT RESOLVED, BY THE [ADOPTING BODY]: Attest: City of Corpus Christi Rebecca Huerta, City Secretary Nelda Martinez, Mayor Centers for Disease Control and Prevention. Overweight and Obesity: Health Consequences. Atlanta: CDC, 2012. Available ah www-cdc.gov/obesity/causes/health.html. 'Centers for Disease Control and Prevention. Overweight and Obesity: Causes and Consequences. Atlanta: CDC, 2012. Available at: www.cdc.gov/obesity/causes/index.html. 'See Active Living Research, Active Transportation:: Making the Link from Transportation to Physical Activity and Obesity, Research Brief. 2009. Available at: www.activelivi ngresea rch.org/files/ALR_Brief_Act IveTra nspo rtatio n.pdf. ^See America Bikes, League of American Bicyclists. Factsheet National Household Travel Survey. Available at. www.bikeleague.org/resources/reports/pdfs/ntits09,pdh see also T. Litman. "Short and Sweet Analysis of Shorter Trips Using Notional Personal Travel Survey Data."Victoria Transport Policy Institute (February 22, 2012 ) at 3. (41%of all trips are 3 miles or less (and 67% of those are by car), and 19% of all trips are 1 mile or less (and 42% of those are by car)). Available at: tvvvw.vtpi.org/short_sweet.pdf. See America Bikes, League of American Bicyclists. Foctsheet: Notional Household Travel Survey. Available at: w.bikeleague.org/resources/reports/pots/nhts09.pdf: see also Rails -to -Trails Conservancy. Turning Potential into Practice: Walking and Biking as Mainstream Transportation Choices 2007. Available at: wwwrtailstotrails.org/resources/documents/whatwedo/Trailtink%2007%20Program_Mobility.pdf (citing FHWA 2006). Research and Innovative Technology Administration, Bureau of Transportation Statistics. 'Figure 2 Ona typical day, how many miles one-way do you travel from home to work?" Omnismis, 3(4): 2003. Available at: www.bts.gov/publications/omnistats/volume_03_is e_04/html/figure_02.html- US Department of Transportation, Federal Highway Administration. Federal Highway Administration University Course on Bicycle and Pedestrian Transportation, Lesson B: Pedestrian Characteristics. July 2006, p. 1-10. Available at: www.fhwa.dotgov/publications/research/safety/pedbike/05085/pdf/Iesson8lo.pdf; Office of the Prime Minister, Social Exclusion Unit. Making the Connections: Final Report on Transport and Social Exclusion. Feb. 2003, p. 1-7. Available at: http://webarchive.nationalarchives.gov. uk/+/http:/fwww.ca binetoffice.gov.uk/media/cabinetoffice/social_exdu cion_task_farce/assets/publlcations_1997_ to_2006/making_transport_2003.pdf. s U.S. Department of Transportation, Federal Highway Administration. The 'Carbon Footprint' of Doily Travel: NHTS Brief 2009. Available at http://nhts.ornl.gov/briefs/Carbon%20Footprint%20of%2OTravel.pdf. °5ee, e.g., C. Paige. "Pediatric Asthma Linked to Car Emissions."Boston Globe, March 2, 2008. Available at: www.boston.com/news/local/articles/2009/03/02/pedietric_asthma_linked_to_car_emissions/r Environmental Working Group's Auto Asthma Index (and sources cited therein). Available at: www.ewg.org/sites/asthrnaindex/about/; R. Rabin. "Asthma Rate Rises Sharply in U.S., Government Says." New iO See, e.g., Vanderbilt T. "What Would Get Americans Biking to Work? Decent Parking." Slate, Aug. 17, 2009. Available at. www.slate.com/id/2225511/; see also, e.g., City of New York Department of City Planning, Transportation Division. The New York City Bicycle Survey: A Report Based on the Online Public Opinion Questionnaire Conducted for Bike Month 2006. 2007. Available at: www.nyc.gov/html/dcp/pdf/transportation/bike_survey.pdf at p.15 (NYC commuters report a lack of safe storage for bicycles as a leading reason for not commuting by bike). "See, e.g., Marin County Bicycle Coalition0conomic Benefits of Bicycling in Urban Environments . Available at: www.marinbike.org/Resources/EconornicBenefitsOfBicycling.pdf (citing a 1184-125% increase in bicycle use in Marin County over the last ten years due to improvements in infrastructure, including pathways, shared use intersection improvements and bicycle parking; and pointing to increased revenue due to retail purchases by bicyclists with adequate access to Infrastructure and parkings ee Ghat Dill and T. Carr. "If You Build Them, Commuters Will Use Them -Another Look."Transportation Research Board 2003 Annual Meeting (cities with higher levels of bicycle infrastructure (bike lanes and paths) witnessed higher levels of bicycle commuting). Available at. www,palgrave-Journals.cam/jphp/journal/v30/nS1/full/jphp200856a.html- EXHIBITA APPENDICES A-10 Appendix J: Drive Kind Ride Kind Program Guide Drive Kind • Plea. BE KIND to Cyclists is pleased to add to your in.ructional s toolbox, an edu.tional video promoting safety for both motorists and cyclists. This video, titled DriveKind RidelGnd, was jointly developed by Please BE KIND to Cyclists and the Texas Department of Transportation (TxDOT) 09 promo..fe driving practices by motorists as they share Texas roads with vulnerable road users such as cyclists and pedestrians. Please BE KIND to Cyclists developed the DriveKind RideKind video undone TxDOT grant, specifically for: driver education instruction and schools, defensive driving classes, commercial driving schools, law enforcement academies in Texas, . well as the general public. The DriveKind RideKind video is correlated to the Texas Education Agency's (TEA) Program of Organized Instruction for Driver Education and Traffic Safety. Instructors, school owners, administrators and the general public are welcome and encouraged to view, download and share the DriveKind RideKind video at no cost at DriveKindRideKind.org. A-11 APPENDICES Curriculum - Program Guide Section 1: A True Smry Section 3: Awareness Section 5 Mean.. Section 4: D./W{16MS Section 5. Crashes Section 6: Sharing the Road .cdon 7 Personal Rest:mm..11w TEA Program of Organized Instruction (P01) for Driver Education and Traffic Safety POI 11 introduction (legal a. responsible reduce.. driving practices) POI I 13: RightroTWay POI 11S: Controlling Traffic Flow P011 I T Coopereting with Other Road., Users POI s 11: Visual Common, Mental Attention a. Communication POI 41.1: Sinving Practices F'01 4 I 2 Fatigue Poi 4 I S Aggress. Driving POI 511i Risk Factors POI 5177 Space Management FOI 61.1 Enwromrsintal Charactermics P0,11: Distrecoons POI 7.33: Multidask Performances P019 1.1: Adverse Weather.. Reduced Visibility Conditions POI 12.1: Personal Responsibility EXHIBIT A Resources Please BE KIND. Cyclists www.facero'de.aMVecfe'fittaCyclists Texas Departmare of Trantatetation, Driver li.ources www.txdotsgovidriver html Texas Trenspor.tion Code, Tale 7. Vehicles & Traffic. Sec. 551,.Operation of Bicycles.... www.statutes.legis.state.W.us/doimIto/htmitn.551.htm National Highway Traffiy,z,vSann71,0dVtattan, Bicycle Resourc. Texas Depeenent MINIS(.1,111:6111, iticycle Resources www.dotgoy/driver/shatecoad/bicycles.html 9"7,ZtZ:17,tt5*:0'1' Texas Education Agegcy's Etaatiorgavvice Caster, Region XIII, Texas Edua.an Agency', Program of Organised Instruction for Privet Education and Traffic Sadaty - November 2009 www4.e.13.net/uploads/driversidocsfinstructionaloblectiyes_tpctf Texas Commission an Law Enforcement Academy Training Providers www tole°. stateutx uskonte./training_protiders_acadernme. Texas Department ad Motor Weald. Commercial Driver Belue.on www.dmv.orgAmtexas/cdiredocation.pdy 1""°,7,:,177ItZt.'`..7,711t0,c7.`700"' feee Official US Goeerren&assty.Vetibeitn rvis Distracted Driving Smart Growth Artiori.. °angora. by Design 2010 www.smartgrowthemerico.org/research/dangerous-byrdesign/dbd2010/ regional -date/ Appendix J: Drive Kind Ride Kind Program Guide (con't) Nal NMI 7n 17 Driveland Ride Kind oBE KIND Cyclists* Please BE KIND . CyclEta members wag a/rchmdma, motonma, Bohm malmm.aro LIII Save a Life - Texas Department„rTmnwarNmr LaTL`OiTreific Oporarnis Drubs aw�,i xa For more information contact: oryProg.am Dnv rind MalaMod Program Blamgar Manager/ CTCM/Paralegal Please BE CND to Cyclists TxDOT Traffic Operations Division, 805 W. 10111 Street Traffic Safety Section Suite 300 125 East 11th StreetAu stin, texas 78701 Austin, Texas 78704 512-7168955 51241,13293 DriveKindRideKind.org Appendix K: Model Bicycle Parking Ordinance Developed by ChangeLab Solution Edited for use by Corpus Christi Metropolitan Planning Organization TABLE OF CONTENTS SECTION I. "BICYCLE PARKING REQUIREMENTS FOR NEW DEVELOPMENT AND MAJOR RENOVATIONS.” § 1. PURPOSE § 2. DEFINITIONS § 3. BICYCLE PARKING SPACES REQUIRED § 4. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY § 5. EXISTING BICYCLE PARKING AFFECTED BY CONSTRUCTION § 6. BICYCLE PARKING STANDARDS — GENERAL § 7. ADDITIONAL REQUIREMENTS APPLICABLE TO SHORT-TERM BICYCLE PARKING ONLY § 8. ADDITIONAL REQUIREMENTS APPLICABLE TO LONG-TERM BICYCLE PARKING ONLY § 9. MOTOR VEHICLE PARKING SPACE CREDITS § 10. (optional) MODIFICATION OF REQUIREMENTS SECTION II. "BICYCLE PARKING REQUIREMENTS FOR PARKING FACILITIES." § 1. PURPOSE: § 2. DEFINITIONS: § 3. LICENSING CONDITIONS § 4. LOCATION: § 5. BIKE RACKS: § 6. SIGNAGE § 7. CONTRACTUAL LIMITS ON LIABILITY SECTION III. "BICYCLE PARKING REQUIREMENTS FOR SPECIAL EVENTS INVOLVING STREET CLOSURES." § 1. PURPOSE § 2. CONDITIONS ON STREET CLOSURE PERMITS § 3. REQUIREMENTS FOR MONITORED PARKING § 4. LOCATION § 5. PUBLICITY AND SIGNAGE § 6. INSURANCE COVERAGE AND FEES: SECTION IV ''REMOVAL OF ABANDONED BICYCLES." § 1. PURPOSE § 2. DEFINITIONS § 3. REMOVAL REQUIREMENTS SECTION V.r'IMPLEMENTATION OF ORDINANCE." § 1. REGULATIONS AND PROCEDURES § 2. TRAINING § 3. REPORTING SECTION VI.STATUTORY CONSTRUCTION SECTION VII. EFFECTIVE DATE EXHIBITA APPENDICES A-12 Appendix K: Model Bicycle Parking Ordinance (con't) An Ordinance of [Jurisdiction (e.g. the City of )] Providingfor Bicycle Parking and Adding to the [Jurisdiction] [Zoning/Planning/Municipal/County] Code. SECTION I. [ARTICLE/CHAPTER] OF THE [JURISDICTION] [ZONING/PLANNING/MUNICIPAL/COUNTY CODE] IS HEREBY ADDED TO READ AS FOLLOWS: "BICYCLE PARKING REQUIREMENTS FOR NEW DEVELOPMENT AND MAJOR RENOVATIONS." § 1. PURPOSE: The purpose of this section is to provide sufficient safe and convenient bicycle parking in New Developments and Major Renovations to encourage bicycling as form of transportation, reducing traffic congestion, air pollution, wear and tear on roads, and use of fossil fuels, while fostering healthy physical activity. 4 2. DEFINITIONS: Unless the context clearly requires otherwise, the following terms shall have the following meanings: (A) "Bicycle Parking Space": A physical space that is a minimum of [2.5] feet in width by [6] feet in length with a vertical clearance of at least [7] feetthat allows for the parking of one bicycle, and if located outside, is hard surfaced and well drained. (B) "Bike Locker: A lockable enclosure consistent with industry standards that (i) can hold one bicycle, (6) is made of durable material, (iii) is designed to fully protect the bicycle against [insert specific local weather concerns, e.g.: rain, snow, ice, high winds], (iv) provides secure protection from theft, (v) opens sufficie ntly to allow bicyclists easy access, and (vi) is of a character and color that adds aesthetically to the immediate environment. (C) "Bike Rack: A device consistent with industry standards that (i) is capable of supporting a bicycle in a stable position, (ii) is made of durable materials, (iii) is no less than [36] inches tall (from base to top of rack) and no less than [1.5] feet in length, (iv) permits the securing of the bicycle frame and one wheel with a U-shaped lock, and (v) is of a character and color that adds aesthetically to the immediate environment. (D) "In -Street Bicycle Parking": A portion of a vehicle parking lane or other area on a roadway that is set aside for the parkingof bicycles. (1) "Long -Term Bicycle Parking": Bicycle parking that is primarily intended for bicyclists who need bicycle parkingformore than 3 hours and is fully protected from the weather. (F) "Long -Term Bicycle Parking Space": A Bicycle Parking Space that provides Long -Term Bicycle Parking. A-13 APPENDICES (G) "Major Renovation": Any physical improvement of an existing building or structure, excluding single-family dwellings and multi -family dwellings with 4 or fewer units, that requires a building permit and has an estimated construction cost equal to or exceeding [$250,000], excluding cost of (1) compliance with accessibility requirements for individuals with disabilities under governing federal, state, or local law,and (2) seismic or other structural safety retrofit. (H) "New Development": Any construction of a new building or facility that requires a building permit, excluding single-family dwellings and multi -family dwellingswith 4 or less units. (I) "Short -Term Bicycle Parking": Bicycle parking primarily intended for bicyclists who need bicycle parkingfor 3 hours or less. (1) "Short -Term Bicycle Parking Space": A Bicycle Parking Space that provides Short -Term Bicycle Parking. § 3. BICYCLE PARKING SPACES REQUIRED: Short -Term and Long -Term Bicycle Parking Spaces shall be required for all New Development and Major Renovations. (A) Required Number of Bicycle Parking Spaces: All New Development and Major Renovations shall provide atleast the number of Short -Tenn and Long -Term Bicycle Parking Spaces identified in the table in this subsection [Section II, § 3(A)]; however, the number shall not fall below a minimum of [2] Short -Term and [2] Long -Term Bicycle Parking Spaces, regardless of other provisions herein, except that multi -family dwellings that have private garages (or equivalent separate storage space for each unit) are not required to provide any Long -Term Bicycle Parking Spaces. Where the calculation of total required spaces results in a fractional number, the next highest whole number shall be used. Up to half of the required Short -Term Bicycle Parking Spaces may be replaced with Long -Term Bicycle Parking Spaces. General Use Category Specific Use Number of Short -Term Bicycle Number of Long -Term Bicycle Parking Spaces Required Parking Spaces Required Residential Multifamily Dwelling with more than 4 units: (a) without private garage or equivalent separate storage space for each unit (b) with private garage or equivalent separate storage space for each unit EXHIBITA [.05] per bedroom Or [1] per [20] units or [.05] per bedroom or [1] per [20] units [.05] per bedroom or [1-4] per [4] units None Appendix K: Model Bicycle Parking Ordinance (con't) General Use Category Cate Specific Use Number of Short -Term Bicycle Parking Spaces Required Number of Long -Term Bicycle Parking Spaces Required Commercial Office Building General Retail Grocery Restaurant Parking Garage Outdoor Parking Lot [1] per each [20,000] sq.ft. of floor area [1] per each [5,000] sq.ft. of floor area [1] per each [2,000] sq.ft. of floor area [1] per each [2,000] sq.ft. of floor area [2] spaces [1] per [20] motor vehicle spaces [1-1.51 per [10,000] sq.ft. of floor area [1] per [10,000112,0001 sq.ft. of floor area [1] per [10,000-12,000] sq.ft. of floor area [1] per [10,00612,000] sq.ft. of floor area [1] per [20] motor vehicle spaces [2] spaces Civic Non -assembly cultural (e.g., library, government buildings) Assembly (e.g., church, theater, stadiums, parks) Schools (0-12) Collegesand Universities [1] per each [8,000-10,000] sq. ft. of floor area Spaces for [2-5] per cent of maximum expected daily attendance [1] per each [20] students of planned capacity [1] per each [20] students of planned capacity [1-1.5] per each [10-20] employees [1- 1.5] per each [20] employees [1] per each [10-20] employees and [1] per each [20] students of planned capacity for grades 6-12 [1] per each [10-20] employees and [1] per each [10] students of planned capacity or [1] per each [20,000] sq. feet of floor area, whichever is greater Industrial Manufactudng and Production, Agriculture [2] spaces (Can be increased at discretion of Planning/Zoning Administrator) [1] per [20] employees (B) If the New Development or Major Renovation is for a use not listed in the above table, the number of Bicycle Parking Spaces required shall be calculated on the basis of a similar use, as determined bythe [Planning Director/Zoning Administrator]. (C) If the Major Renovation has an estimated construction cost of between [$250,000] and [$1,000,000], excluding the cost of (1) compliance with accessibility requirements for individuals with disabilities under governing federal, state, or local law, and (2) seismic or other structural safety retrofit, the number of Bicycle Parking Spaces required by subsections [Section II, § (3)(A) - (B)], shall be reduced by 50 percent; however, the minimum requirement of [2] short-term and [2] long-term bicycle parking spaces shall still apply. § 4. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY: Prior to issuance of a building permit for New Development or a Major Renovation, the submitted plans must include specific provisions for bicycle parkingthat are consistent with the requirements of this Ordinance. No certificate of occupancy for said building permit shall issue at the conclusion of the project until [Jurisdiction] finds that the applicable provisions of this Ordinance have been complied with. § 5. EXISTING BICYCLE PARKING AFFECTED BY CONSTRUCTION: In the event that the [Jurisdiction] has authorized a permit holder to remove existing bicycle parking in the public right-of-way due to construction, the permit holder shall replace such bicycle parking no later than the date of completion of the construction. At least [7] days prior to removal of such bicycle parking, the permit holder shall post, in the immediate vicinity of the bicycle parking area, a weather-proof notice, with a minimum type size of [1] inch, specifying the date of removal. In the event that any bicycles remain parked on the date of the removal, such bicycles shall be stored for a reasonable period, not less than [45] days, and a conspicuous, weather-proof notice shall be placed as close as feasible to the site of the removed bicycle parking containing information as to howto retrieve a removed bicycle. If bicycle parkingis likely to be removed, pursuantto this section, formore than [120] days, it shall, to the extent possible, be temporarily re-sited, in coordination with [insert appropriate department, such as Department of Public Works], to a location as close to the original site as feasible, pending completion of the construction. If the temporary site is not clearly visible from the original site, the permit holder shall post a conspicuous, weather-proof notice in the immediate vicinity of the original site informing bicyclists of the location of the temporary site. § 6. BICYCLE PARKING STANDARDS- GENERAL: (A) All Bicycle Parking Spaces shall be: (1) well lit if accessible to the public or bicyclists after dark; (2) located to ensure significant visibility by the public and building users, exceptin the case of Long -Term Bicycle Parking that is located in secured areas; (3) accessible without climbing more than one step or going up or down a slope in excess of [12] percent, and via a route on the property that is designed to minimize conflicts with motor vehicles and pedestrians. (5) All In -Street Bicycle Parking and Bicycle Parking Spaces located in a parkingfacility shall be: (1) clearly marked; and (2) separated from motor vehicles by some form of physical barrier (such as bollards, concrete or rubber curbing or pads, reflective wands, a wall, or a combination thereof) designed to adequately protectthe safety of bicyclists and bicycles. EXHIBITA APPENDICES A-14 Appendix K: Model Bicycle Parking Ordinance (con't) (C) All Bike Racks shall be located at least [36] inches in all directions from any obstruction, including but not limited to other Bike Racks, walls, doors, posts, columns, or exterior or interior landscaping. (D) Unless Bicycle Parking Spaces are clearly visible from an entrance, a sign indicating their location shall be prominently displayed outside the main entrance to the building or facility, and additional signs shall be provided as necessary to ensure easy way finding. A "Bicycle Parking" sign shall also be displayed on or adjacent to any indoor room or area designated for bicycle parking. All outdoor signs required by this subsection [Section II, § 6(D)] shall be no smaller than [12] x [18] inches and utilize a type size of at least [2] inches. All indoor signs required by this subsection [Section II,§ 6(D)] shall be no smaller than [8] x [10] inches and utilize atype size of at least [5/8] inch. § 7. ADDITIONAL REQUIREMENTS APPLICABLE TO SHORT-TERM BICYCLE PARKING ONLY: All Short -Term Bicycle Parking Spaces shall contain Bike Racks and shall meet the following requirements, in addition to the requirements in [Section II, § 3] above: (A) Location: (1) Short -Term Bicycle Parking must be located either (a) within [50] feet of the main public entrance of the building or facility, or (b) no further than the nearest motor vehicle parking space to the main public entrance (excluding parking for individuals with disabilities), whichever is closer. If the New Development or Major Renovation contains multiple buildings or facilities, the required Short -Term Bicycle Parking shall be distributed to maximize convenience and use. (2) Short -Term Bicycle Parking Spaces may be located either (a) on-site or (b) in the public right-of-way (e.g., sidewalk or In -Street Bicycle Parking), provided that an encroachment permit is obtained for the installation and the installation meets all other requirements of [indicate the law governing encroachments on public rights-of-way]. If Bike Racks are located on public sidewalks, they must provide at least [5] feet of pedestrian clearance, and up to [6] feet where available, and be at least [2] feetfrom the curb. (B) Bike Rack Requirements: Bike Racks used for Short -Term Bicycle Parking must be securely attached to concrete footings, a concrete sidewalk, or another comparably secure concrete surface, and made to withstand severe weather and permanent exposure to the elements. A-15 APPENDICES § 8. ADDITIONAL REQUIREMENTS APPLICABLE TO LONG-TERM BICYCLE PARKING ONLY: Long - Term Bicycle Parking shall be provided in either (1) Bike Lockers or (2) indoor rooms or areas specifically designated for bicycle parking (including designated areas of an indoorparkingfacility), and shall satisfy the following requirements, in addition to those setforth in [Section II, § 3] above: (A) Location: Long -Term Bicycle Parking may be located either on- or off-site. If located off-site, it shall be no more than [300 feet] from the main public entrance. (B) Requirements for Indoor Long -Term Bicycle Parking: Long -Term Bicycle Parking located in designated indoor rooms or areas shall contain Bike Racks or comparable devices. Such rooms shall be designed to maximize visibility of all portions of the room or designated area from the entrance. Supplemental security measures (such as limiting access to a designated indoor bike parking room to personswith a key, smart card, or code) are optional. §9. MOTOR VEHICLE PARKING SPACE CREDITS: (A) For every [6] Bicycle Parking Spaces provided, the number of required off-street motor vehicle parking spaces (excluding parking spaces for individuals with disabilities) on a site shall be reduced by [1] space. (B) To encourage the installation of showers at non-residential sites, the number of required off- street motor vehicle parking spaces for such sites shall be reduced as follows: A credit of [1] space shall be provided for the first shower installed, with additional off-street motor vehicle parking credits available at a rate of [1] space for each additional shower provided per [25] required Bicycle Parking Spaces. In order to claim these credits, which shall be in addition to the bicycle parking credits provided for in [Section II, § 9(A)], shower facilities must be readily available for use by all employees of the New Developmentor Major Renovation. § 10. (optional) MODIFICATION OF REQUIREMENTS: In the event that satisfying all of the requirements of [Section II] would be (a) infeasible due to the unique nature of the site, or (b) cause an unintended consequence that undermines the purpose of this Ordinance, a property owner (or designee) may submit a written request to the [Planning Director/Zoning Administrator/other Local Administrator or designee] for a modification of the requirements of [Section II]. The request shall state the specific reason(s) for the request, provide supporting documentation, and propose an alternative action thatwill allow the purposes of this Ordinance to be fulfilled as much as possible. SECTION II [ARTICLE/CHAPTER] OF THE [JURISDICTION] [ZONING/PLANNING/MUNICIPAL/COUNTY CODE] IS HEREBY ADDED TO READ "BICYCLE PARKING REQUIREMENTS FOR PARKING FACILITIES." § 1. PURPOSE: The purpose of [Section III] is to provide sufficient safe and convenient bicycle parking in parking facilities so as to encourage bicycling as a form of transportation, which in turn reduces traffic EXHIBITA Appendix K: Model Bicycle Parking Ordinance (con't) congestion, air pollution, wear and tear on roads, and use of fossil fuels, while fostering healthy physical activity. § 2. DEFINITIONS: The definitions set forth in [Section II, § 2] shall apply to [Section III], unless the contextclearly requires otherwise. § 3. LICENSING CONDITIONS: As a condition of the issuance or renewal of a license required by the [Jurisdiction] fora parking facility, parking facilities shall provide [1] Bicycle Parking Space per each [20] vehicle parkingspaces provided, with a minimum of [6] Bicycle Parking Spaces. Where the calculation of total required spaces results in a fractional number, the next highestwhole number shall be used. §4. LOCATION: All Bicycle Parking Spaces required by [Section III] shall be located in an area, preferably on the ground floor, that (i) can be conveniently and safely accessed by bicycle and by foot in a way that minimizes conflicts with motor vehicles, (ii) is not isolated, and (iii) maximizes visibility by parkingfacility patrons and attendants. If the licensed parking facility has multiple entrances, the required Bicycle Parking Spaces may be spread out among the multiple entrances. Bicycle Parking Spaces shall be accessible withoutclimbingmore than one step or going up or down a slope in excess of [12] percent. § 5. BIKE RACKS: All Bicycle Parking Spaces required by [Section III] shall contain Bike Racks and shall be well lit if accessible to the public or bicyclists after dark or if in an interior or darkened location. All Bike Racks shall also provide a clearance of at least [36] inches in all directions from any obstruction (including but not limited to other bike racks, walls, doors, posts, columns or landscaping), and shall be separated from vehicles by some form of physical barrier (such as bollards, concrete or rubber curbing or pads, reflective wands, a wall, or a combination thereof) designed to adequately protect the safety of bicyclists and bicycles. All Bike Racks located outdoors shall also be securely attached to concrete footings and made to withstand severe weather and permanent exposure to the elements. § 6. SIGNAGE: Parking facilities shall also install prominent signs, no smaller than [12] x [18] inches and utilizinga type size of at least [2] inches, in or near each entrance that advertise the availability of bicycle parking, and the location, if itis not visible from the entrance. § 7. CONTRACTUAL LIMITS ON LIABILITY: [Section III] shall not interfere with the rights of a parking facility owner (or designee) to enter into agreements with facility users or take other lawful measures to limitthe parkingfacility's liability to users, including bicycle users, with respect to parking in the parking facility, provided that such agreements or measures are otherwise in accordance with the requirements of [this Ordinance] and the law. SECTION III. [ARTICLE/CHAPTER] OF THE [JURISDICTION] [ZONING/PLANNING/MUNICIPAL/COUNTY CODE] IS HEREBY ADDED TO READ "BICYCLE PARKING REQUIREMENTS FOR SPECIAL EVENTS INVOLVING STREET CLOSURES." § 1. PURPOSE: The purpose of [Section IV] is to provide sufficient safe and convenient bicycle parking at special events involving street closures to encourage bicycling as a form of transportation, which in turn reduces traffic congestion, air pollution, wear and tear on roads, and use of fossil fuels, while fostering healthy physical activity. § 2. CONDITIONS ON STREET CLOSURE PERMITS: As a condition ofa permitfor the closure ofa street for a special event in which the daily number of participants is projected to be [1,000] or more, monitored bicycle parking shall be provided by the event sponsor (or a designee) for at least [1] % of expected daily participants beginning [34 hour] before and ending [Yz hour] after the time of the event each day of the event. § 3. REQUIREMENTS FOR MONITORED PARKING: Monitored bicycle parking shall include the presence, at all times, of one attendant, or more as needed, to receive bicycles, dispense claim checks, return bicycles, and provide securityfor all bicycles. § 4. LOCATION: All monitored bicycle parking shall be located within [500] feet of at least one regular entrance or accesspointto the event. § 5. PUBLICITY AND SIGNAGE: All publicity, including signs, for the event shall state the availability of monitored bicycle parking, its location, and cost, if any. All event maps shall include the location of monitored bicycle parking. If monitored bicycle parking is not within eyeshot of each entrance, signs shall be provided to ensure easywayfinding. § 6. INSURANCE COVERAGE AND FEES: The event sponsor or designee must provide insurance coverage for the monitored bicycle parking in case of damaged or stolen bicycles, and may charge users a fee to coverthe cost of providingthe monitored parking. SECTION IV. [ARTICLE/CHAPTER] OF THE [ZONING/PLANNING/MUNICIPAL/COUNTY CODE] IS HEREBY ADDED TO READ "REMOVAL OF ABANDONED BICYCLES." § 1. PURPOSE: The purpose of [Section V] is to ensure the reasonably prompt removal of bicycles abandoned in Bicycle Parking Spaces so as to encourage bicycling as a form of transportation, which in turn reduces traffic congestion, air pollution, wear and tear on roads, and use of fossil fuels, while fosteringhealthy physical activity. EXHIBITA APPENDICES A-16 Appendix K: Model Bicycle Parking Ordinance (con't) § 2. DEFINITIONS: The definitions set forth in [Section II, § 2] of this Ordinance shall apply to [Section V], unless the contextclearly requiresotherwise. § 3. REMOVAL REQUIREMENTS: On [a quarterly basis], owners of property (ora designee) subject to [Sections II or III of this Ordinance] shall remove, from all Bicycle Parking Spaces associated with their property, including those located on the public right-of-way, bicycles that have been abandoned. A bicycle shall be deemed to be abandoned if it has not been removed after having been tagged with a notice of removal for [2] weeks for Short -Tenn Bicycle Parking Spaces or [4] weeks for Long -Term Bicycle Parking Spaces. However, a bicycle shall not be deemed to be abandoned if the bicyclist and property owner (or designee) have a written agreement regarding provision of long term storage covering the time period in question. Abandoned bicycles may be donated to non -profits that reuse bicycles or may be disposed of in any lawful manner. SECTION V. [ARTICLE/CHAPTER] OF THE [JURISDICTION] [ZONING/PLANNING/MUNICIPAL/COUNTY CODE] IS HEREBY ADDED TO READ "IMPLEMENTATION OF ORDINANCE." § 1. REGULATIONS AND PROCEDURES: The [Planning Director/Zoning Administrator and/or other relevant local administrator(s)] [is/are] authorized to promulgate new and amend existing rules, regulations, procedures or forms as necessary or appropriate to implement the provisions of [this Ordinance]. § 2. TRAINING: [Jurisdiction] shall periodically make trainings or training materials available to planners and other employees involved in the implementation and enforcementof [this Ordinance]. § 3. REPORTING: The [Planning Director/Zoning Administrator] shall provide an annual report to the [Adopting Body] regarding the implementation of this Ordinance that shall, at a minimum, include the following information relevant to the preceding year: (1) the number of Short and Long -Term Bicycle Parking Spaces created pursuant to [Sections II and III], and the number of events for which special event bicycle parking was provided under [Section IV] ; (2) (if applicable) a brief summary of each request for modification received and action taken in response thereto; and (3) any other information learned that would improve future implementation of [this Ordinance] and itsgoals. SECTION VI. STATUTORY CONSTRUCTION: (A) All ordinances or parts thereof that conflict or are inconsistent with this Ordinance are repealed to the extent necessaryto give this Ordinance full force and effect. (B) If any section or portion of this Ordinance is judicially invalidated for any reason, that portion shall be deemed a separate and independent provision, and such ruling shall not affect the validity of the remaining portions of this Ordinance. A-1 7 APPENDICES SECTION VII. EFFECTIVE DATE: This Ordinance shall be effective [upon passage (insert other date if desired)] ("Effective Date"), exceptthat: (A) [Section II, § 3] ("Bicycle Parking Spaces Required"), and [Section II, § 4] ("Building Permits and Certificates of Occupancy") shall only apply to New Development and Major Renovations for which a building permit is issued on or after [120] days from the Effective Date. (B) [Section III] ("Bicycle Parking Requirements for Parking Facilities") shall apply to Parking Facilities that were licensed prior to the Effective Date, and have less than [180] days remaining on their license, as follows: [1/2] of the required number of Bicycle Parking Spaces shall be provided no laterthan [120] daysfrom the expiration of the parkingfacility's license, with full implementation required no laterthan [180] days from the expiration of the parkingfacility's license. (C) [Section IV] ("Bicycle Parking Requirements for Special Events Involving Street Closures") shall not apply to events for which the temporary street closure was authorized pursuant to an application submitted priorto the Effective Date. EXHIBITA 2;m 19m _ Z.x:44:p TX -44-W Petronila T-%-44•W-1-k-44-E Corpus Christi Irit Airport Cabaniss Field Nas A 4 SR-8�f SR 9; .*'L SR -10 • \3.Sq `'SR; fls9-� SR -1 leostrosS Carr. 0o, • ry It —13 Christ Naval SR—� .�':_ ' —15 AN Station t♦♦S R-16 EXHIBITA KEY MAP Appendix L: Priority Sport Routes for Road Bikes Routes Central City Loop Lamar Park Group Guide North Side Circuit Oso Bay Loop NORTH A-18 Appendix L: Priority Sport Routes for Road Bikes A-19 Routes Central City Loop A Lamar Park Group Guide North Side Circuit Oso Bay Loop NORTH Rber Hills Country Club 27 rr. Hazel Ba.zemore Park Na(tnymur -BP e/ Pary, „ ./' SRs4 • Aker.' 'is' Pr 26 re c3 ether' Gr/ urseesey iks‘ Graeae Le • 16. ....... . • • .... , • • • ,23. • • SR -2 0:0o15 Catlett), Estate Park / 43 23 m. EXHIBIT A SR -2 Appendix L: Priority Sport Routes for Road Bikes Routes Central City Loop _NM Lamar Park Group Guide North Side Circuit Oso Bay Loop NORTH A-20 SR -3 Appendix L: Priority Sport Routes for Road Bikes A-21 Routes Central City Loop Lamar Park Group Guide North Side Circuit Oso Bay Loop NORTH 3 .1 rti SR3 11 Hark Cemetery Jackie Eden kiry Field 6� 4' V f5 sf Q� lv;cKrnp;e a :�rxkuo _ _ _ - _—NUECES -— 1}earns Fen EX 11 13117 A ,==Moble r1. EXHIBIT A SR -4 Appendix L: Priority Sport Routes for Road Bikes Routes Central City Loop _NM Lamar Park Group Guide North Side Circuit Oso Bay Loop NORTH A-22 SR -5 Appendix L: Priority Sport Routes for Road Bikes A-23 Routes Central City Loop Lamar Park Group Guide North Side Circuit Oso Bay Loop NORTH Koch efinery N 3m • rr' Tule Luke Clruurr�l L. -ter_ ,' �D / '4 C EXHIBITA —I=SK Iine Dr— = 37.5 kylark Dr ./ Horizop:Dr- \`' Z 1— — m C — Hampshir:Rd-- C' Bd-S, _ [ HalliSll 'Bon ih I -37 -SI s kylark Or— =Hampshire Rd Hall SI 3;p1' rt. .3 a Joe-FultortIntl-Trade = 7 Ac tl ILill Ave - SR -6 Leopard $t EXHIBITA .•-":"0. • Oak park H t'c by „S Bo.,io s.. Hdl Cross Cemetery Rae Hill Appendix L: Priority Sport Routes for Road Bikes Routes Central City Loop Lamar Park Group Guide North Side Circuit Oso Bay Loop NORTH A-24 SR -7 Appendix L: Priority Sport Routes for Road Bikes A-25 Routes Central City Loop Lamar Park Group Guide North Side Circuit Oso Bay Loop NORTH Industrial Canal _E-N.wlgation Blvd .O •N Het Crass i enetery Rme Hill Cemetery F,lard iib ...Srr La1>ard St Mdrpe 6. u pan SI klareor Dr Ghataburger Field • • .1. hleutnm St V,mlInward SI 7 iki Lal; .Jo 5 Ben Park ,ake St I 37 5.1 Corpus Christi 12m SR-7 1.0n1111:hc St B lucheF 0 316 /H 361 RowNE Gough Blurt Park :a:6 A,,, _ €i • • • • • • • • rpus • Christi • • • Iklanna Ruin v r. ,,,Iggln. Palk SR -8 EXHIBITA 77.2- Latnac St Ago, St Ma[gonnie 4;'.' • • PY SCAM , Blaal ,• A Park Roll, St l; MOr Waggin, Park Christus Spohn Hoppital-Mensarial I,,paal St - - Annta Sr aj. 54 (;• 5 5 - Pad, 55 100. ;•, Temple Parh MD, car? 4,6 C' 1'• • f„, Het. Park 30,4, 43,5 43 .43 *•°. •• s, 1,5350'' " aVal, -• • t ••* Cole Park a.•'' • •,.4mptothealef •-• • 4,, • • ••••• • sg , 4 • ...... -. .. -.1 ,_, ..• .. „, • • ,„, 4 •• • „., •• ... . .,, . ' /3 A? ,..,0 „c` ,.3 35 '"‘ • .,4.,"` , •-- . . 5,,,,,,e .• • . , ,.., .„4- • ,,,, • • -• . e . ,a,,, - 55 % / S''' -\''' **•''. .. -. ,>- e AsP •. . % . vs' %•.> .... ,.-.' . ,-,,, . .. , ••.•• ., , ,,, 4, ,,,4 ,,....f'"''' ....- 4 •• ,ae o' -'s ••• <a',-..''' 4.a..:' • • SR -9 EXHIBIT A **. • • • *41 • • • • 0 SR -8 Appendix L: Priority Sport Routes for Road Bikes Routes Central City Loop Lamar Park Group Guide North Side Circuit Oso Bay Loop NORTH A-26 SR -9 Appendix L: Priority Sport Routes for Road Bikes A-27 Routes Central City Loop Lamar Park Group Guide North Side Circuit Oso Bay Loop NORTH uti Temple Perk •St sEiri sacki Park Ce • Nrookdale Park o mJ 1 VuUldsor Park SR -10 SR -12 EXHIBITA SR -10 Appendix L: Priority Sport Routes for Road Bikes Routes Central City Loop Lamar Park Group Guide North Side Circuit Oso Bay Loop NORTH A-28 SR -11 Appendix L: Priority Sport Routes for Road Bikes A-29 Routes Central City Loop Lamar Park Group Guide North Side Circuit Oso Bay Loop NORTH sack, Park Evelyn Jr., Price Park SR 80 18 • • 75. 'a0 Surrey Park • , • •••• •1:a' • Kingston •• Park ;5 ri 01 • MrailbU • SR -11 ••• o ,:f, ..<.,.,-•,,9 ,,4,,,:„. . .•.-lli'',4.,.,,,,-•,.,,.,,-.• - 1 03 , c .' l1Sknegae ,Z o . ,„„ ,i, (7• -' ,,, Park ,,?c.A" 4,-_ ;,,- 0'' ,/ 417 „ i to ;> C.4 ,, 0,' e , ,. -117 • k, Ara6 4,- `,--L- ir ••.. ''00 ,o, ;O 7' Schanen , O6 0 ,- ,Os Esptaa rtkes o_0o 4, ,en,0„,, :--O • 4, ,0'.41 7re LS rN e- eo,7 '.t,„, „,4 1.' C,..., 's 1, le , ""ti 11 ,,,,, , ,.tls 4 '1,-,. ''-'00,,,. ct, rfi,i, rtirP- 0 0,,, iek„ '79' o, :: ,.....,„ .g.7, 'CY Li0 , 7',, r, C.5 Lincoln 04, 74,0 Park ..0.. 4,7.117 ''''EXHIBIT A 43009' i Br ookdale Park ''•.. SR -10 - iiePu •• Park Windsor Park C'' Q ,.. Clo,,, ,-..' ikr,,, e 5 e,,i -..., irc i''',. •"- -ii ---' 'r- ' •i L Cullen Pork l.' Lona 4'3' Ck:' 6 ,f •\-' C!' :f ,, Sham, . ,,,,, 5r,s 1, ',k6 "Z ,,, ; at '6, li )L ,.- 1 ,,. -,:. z%,ei 3 r ,.3.. La P almera sm br c,,,, 66. 'i i '. Q' ' 'i'ikk Mall '''''''44, (",` 6,,,, ''''''kk144444.18 i'i5 j 6, Park Sunrise .:.:-7: ck" st.k Mall Glen Arbor ••• e e _e , •,„ Oso Beach Municipal 6011c—SR-12 S vd,3 St rt,a, Isia 4P AP PIP 5 07 03. 66 3581 SR -14 4, klk South*. Guth Park PO 10 40 40 EXHIBIT A 40 , • • • SR -15 SR -12 Appendix L: Priority Sport Routes for Road Bikes Routes Central City Loop _EN Lamar Park Group Guide North Side Circuit Oso Bay Loop NORTH A-30 SR -13 Appendix 1: Priority dSrikretsRoutes for A-31 Routes CentI City Loop Lan,' Park Group Guide North Side Oso By Loop NORTH 0 11 .............. SR -13 eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee SR -15 EXHIBIT A • • • • • • • c • • S "0, 13571 55 -12 .,, e -.. e ,........, •,.... ..,.:, 4, 4..4 % ,.., ',.... I<:•'. Lexington I Park ..5.' '0'ie ia,re i _ Str,a d,•,,,,,,,,, r, 75 0 ,,,- SR -14 -p9 iNindsong Park Lakeview • Park • Comas • Chrhti kled • Ctr-Bay Area • • • Sand, ",e, Park 0- g Brighton Park 'ix, 4, 0 [6t") 07 ,P 03' 95,05 -B ,0 „;7? 8,05_ 77„,°,0, 9,00, 'he EXHIBIT A Pk, 4, re /005 0„,!? SR -14 Appendix L: Priority Sport Routes for Road Bikes Routes Central City Loop Lamar Park Group Guide North Side Circuit Oso Bay Loop NORTH A-32 SR -15 Appendix L: Priority Sport Routes for Road Bikes A-33 Routes Central City Loop Lamar Park Group Guide North Side Circuit Oso Bay Loop NORTH Appendix L: Priority Sport Routes for Road Bikes Routes ■ Central City Loop Lamar Park Group Guide North Side Circuit Oso Bay Loop NORTH A-34 CREDITS Corpus Christi Metropolitan Planning Organization Staff: Jeffrey Pollack, AICP ENV SP, LEED AP BD -FC Transportation Planning Director Daniel V. Carrizales System Administrator Brigida Gonzalez Assistant Transportation Planning Director & Title VI Coordinator Victor Mendieta GIS Manager Elena J. Buentello, AICP Vilma lasso Matthew Blankenship Transportation Planner Executive Secretary GIS Technician Corpus Christi Metropolitan Planning Organization 5151 Flynn Parkway, Suite 404 Corpus Christi, Texas 78411-4318 Tel: (361) 884-0687 Fax: (361) 884-8529 E-mail: ccmpo@cctxmpo.us Website: www.corpuschristi-mpo.org Project Website: www.coastalbendinmotion.org Direct support for this plan provided by: City of Corpus Christi City of Corpus Christi Corpus Christi Regional Transportation Authority Technical assistance with this plan provided by: Olivarri &ASSOCIATES rY The preparation of this report has been financed in part through gmnt[sl from the Federal Highway Administration and Federal Transit Administration, U.S. Department of Transportation, under the State Planning and Research Program, Section 505 [or Metropolitan Planning Program, Section 104(nn] of Title 23, U.S. Code. The contents of this report do not necessarily reflect the official views orpolicyof the U.S. DepartmentofTransportation. Strategic Plan for Active Mobility Phase 1: Bicycle Mobility City of Corpus Christi City Council May 17, 2016 Jeff Pollack Transportation Planning Director CORPUS CHRISTI MP(' Active Mobility Plan Vision The metropolitan area of the Coastal Bend is a place where Nalking and biking are integral to the community culture and -epresent viable, safe travel and recreation options for -esidents and visitors of diverse abilities. Is, Objectives, Metrics Phase 1 Goals 1. Develop of a cohesive, strategic network of bicycle facilities that accommodates a diversity of riders. ?. Enhance bicycle mode share for trips of all types. 3. Promote health and wellness through bicycling. I-. Enhance safety for bicyclists. cle Mobility Network Overview � BICYCLE MOBILITY NETWORK OVERVIEW On Roadway Network* On Roadway Network* (Proposed) Off -Road Multi -use Trail 1 '14 4411 J K.Abikk wimp_ aide on9I do FeBry �rrIML `.niM3,1� 1 ktNUM I j cle Mobility Network Overview • et htmu NORTH 51 INFRASTRUCTURE Low Cost/Rapid Implementation • • • 1 ■ ■ Bike Boulevard Bike Boulevard as Transitanal Treatment Buffered Bike Lane Buffered Bike Lane as Transitional Treatment Multi -use Sidepath side) s Transitional Treatment Strategic Capital Investment 1 -way Cycle Track (both sides) Multi -use Sidepath (nn side); pink indicates side of treet on which facility should be installed Off Road Multi -use Trail Specialized Treatments Mid -block crossing I«ation ��d ��BaRret Del Mar C diene -Nest Corneas epperl Parr, Up River Fi one Him n„anar: Le 77. ]5 Ci CI Nan Pa ark • cle Mobility Network Overview Key inations Description % within % milE Bike Networl idemic Early education/Daycare centers, grade schools (public and private), higher education campuses 89% (158 of 175 'arks Greater than 2 acres in size 85% (122 of 14: 'ood Groceries, meat and fish markets, bakeries, corner markets 80% (104 of 13( -income )using Section 8 or Tax Credit properties 82% (541 of 65 'ansit Stops and stations 83% (1088 of 13: reation Pools, senior centers, recreation centers, movie theaters, fitness centers, museums and hotels 77% (186 of 24: eholder Engagement )utreach: 205 MAP IT routes by 99 discrete users 730+ discrete users logged 8353 routes via TRACK IT smartphone api 220 on-line ANSWER IT survey responses 25+ presentations by MPO Director or staff 15 public events attended by consulting team 50+ interviews conducted 900 + leaflets/posters distributed 5 focus groups conducted: [industry, business owners, design engineers, RTA operators, CCPD] eholder Engagement - CoastalBendlnMotion.org STRATEGIC PLAN FOR ACTIVE MOBILITY People -powered! Mobility para su corazon INTRODUCTION The Strategic Plan for Active Mobility for Nueces and San Patricia counties will replace the 2005 Bike and Pedestrian Master Plan. Phase I, Bicycle Mobility is underway; Phase II, Pedestrian Mobility, will follow in 2016. When finished, this Plan will be the roadmap for a cohesive network that links key destinations in the Coastal Bend and provides a meaningful and safe transportation altemative. Find answers to Frequently Asked Questions. VISION The metropolitan area of the Coastal Bend is a place where walking and biking are integral to the community culture and represent viable, safe mobility and recreation options for residents and visitors of diverse abilities. Share your thoughts on this VISION. hnatus Sp ohn I Imp -Shoreline MAP IT! Use our on-line mapping tool to show us where you ride or where you'd like to ride if the conditions for cycling improved. View a short (2 minute) video on how to use the mapping tool. TRACK IT! Download Strava to your Smartphone and use It to log the routes you ride. While originally designed as a tools for athletes, Strava can also be used to track the rides of commuting or recreational cyclist; the Bike Mobility planning team will use this information to identify priority routes. ANSWER IT! Take our very short (5 minute) on-line survey to share your priorities for community cycling programs and supporting infrastructure. 1 ork Development sere" Question: 2 -part analysis (blank slate approach) Primary Data Supplemental Data emic Institutions Vehicular Origins/Destinations (Travel Demand M Income Housing Employment to Population Ratio (TDM) ;it Stops/Stations/Bike Boardings Population and Employment Density (TDM) Zero Car Households (census) (> 2 acres) Bike to Work (census) ?ation/Tourism City of Corpus Christi Destination Nodes (2011 Sustainability Plan) 1 1 ork Development - Groundtruthing Network Groundtruthing and Refinement of Network • Comparison to user submitted routes • Extensive vetting o Municipal staff (multiple departments, Corpus Christi, Portland, Gregory) o Downtown stakeholders (DMD, CVB, SEA District) o ISAC officers o North Beach Community Association o NAS/CCAD o Realtors Association o Select developers o Nueces and San Patricio Counties o Texas A&M University — Corpus Christi I ork Development Infrastructure Selection wy 'at" Question — Facility Selection Not one -size -fits -all infrastructure Proprietary model Segment data inputs: o Traffic volume o Posted speed o ROW and shoulder widths o Number travel lanes o Number driveways o Presence of curb/gutter o Presence/utilization on -street parking structure Illustrations rard structure Illustrations Cycle Track, ides istrained ROW) structure Illustration Cycle Track, ides rained ROW) Vy Iiit 1 1 ork Development - Infrastructure Selection ini Infrastructure Type Network Miles w% Netv v Cost/High Impact/Rapid Implementation* major capital investment required other than paint and signage Bicycle Boulevard 64 2: Buffered Bike Lane 7 2 ttegic Capital Investments 1 -way Cycle Tracks 145 5( Multi -use Sidepaths 8 3 Off-road Multi -use Trails (on stormwater and old railroad easements) 66 2: 290 https://ccmpo.maps.arcgis.com/apps/webappviewer/index.html?id=fd393dbf23c645f89180a818476354a7 1 1 structure Design lw" Question — Facility Design National standards for typology & design NACTO Urban Bikeway Design Guide as default Urban rio Bikeway Design Guide IM110mo Ass soda hook of CFIyTrantspr1- kP11° ur t Practice Recommendations Er Matrix of Best Practices Education & Encouragement Programs Cycling Skills and Safety Incentive and Reward Programs Lifestyle Promotion Planning and Public Health Supporting Infrastructure Trip Support Facilities Wayfinding Policy & Code Reform Planning Framework Codes and Law Enforcement Investing in Infrastructure Program Evaluation Performance Measures Program Oversight jpollack@cctxmpo.us www.corpuschristi-mpo.org www.CoastalBendlnMotion.org CORNUS C -I S MPt� AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of May 17, 2016 Second Reading for the City Council Meeting of May 24, 2016 DATE: April 26, 2016 TO: Ronald L. Olson, City Manager FROM: Daniel McGinn, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at 1802 through 1820 Buford Street CAPTION: Case No. 0416-02 The Salvation Army: A change of zoning from the "RS -6" Single - Family 6 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use. The property is described as being a 2.42 -acre tract of land, being all of Lots 1-16, Block 6 and a 15 -foot wide alley, Bay View No. 3, located between Hancock Avenue and Buford Avenue and between 16th Street and 15th Street. PURPOSE: The purpose of this item is to rezone the property to allow a transitional housing facility. RECOMMENDATION: Denial of the change of zoning from the "RS -6" Single -Family 6 District to the "CG-1/SP" General Commercial District with a Special Permit and, in lieu thereof, approval of the "RS-6/SP" Single -Family 6 District with a Special Permit subject to the following conditions: 1. Use: The only use authorized by this Special Permit other than uses permitted in the base zoning district is a Transitional Housing facility, a social service use operated to assist families and veterans with their transition into permanent housing. The facility shall not exceed 220 beds. No soup kitchen or public feeding shall be allowed. For the purposes of this section, Transitional Housing is defined as a project that is designed to provide housing and appropriate supportive services to homeless persons to facilitate movement to independent living within 24 months, but the time limit could be longer. 2. Intake Facilities: Adequate waiting area inside the facility must be provided so that no perceived loitering or waiting outdoors occurs. 3. Security: The transitional housing facility located on the Property shall be monitored by staff at all times. 4. Landscaping: Landscape requirements for the Property shall be in compliance with standards for development as outlined in the UDC, except that the landscaping requirement of the street yards shall be met at 100% along 15th Street; 80% along Buford Avenue; 67% along Hancock Avenue; and 60% along 16th Street. 5. Building Design: The exterior facade of the building(s) may contain metal elements, however, metal elements shall not exceed 50% of a building's facade. The Owner shall incorporate windows and doors or other architectural enhancements on elevations that face the abutting residential development. 6. Building Height: The height of the building(s) shall not exceed 35 feet. 7. Lighting: Freestanding light poles on the Property shall not exceed 15 feet in height. The Owner shall comply with all other UDC lighting requirements. 8. Parking: Driveways shall be prohibited from being located on 15th Street. 9. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 24 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Vote Results: For: Unanimous Opposed: 0 Abstained: 2 Absent: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RS -6" Single -Family 6 District to the "CG-1/SP" General Commercial District with a Special Permit to allow a Social Service Use. The applicant is proposing to construct 35,000 square foot facility that will house intact families. In total, the facility will have 220 beds, a dining and kitchen area to serve only those enrolled in the non -profit's transitional housing program, an open-air courtyard, multi-purpose classroom, administrative offices, parking and a playground. The Center will have 40 staff members and staff will be on-site to monitor the facility 24 hours a day. The proposed rezoning is consistent with the Comprehensive Plan Future Land Use map and the policies of the Central Business Area Development Plan and staff finds that transitional housing facilities with sufficient organizational support can create positive impacts for the community. The applicant intends to improve the property by constructing a new social service facility that will replace existing structures and development of the site furthers policies pertaining to infill development. The Special Permit request meets all of the review criteria required by UDC Article 3.6.3. Special Permit Review Criteria. The applicant is in agreement with the Planning Commission and Staff recommendation. ALTERNATIVES: 1. Approve the rezoning to "RS-6/SP" Single -Family 6 District with a Special Permit as recommended by Staff and Planning Commission. 2. Approve the request to "CG-1/SP" General Commercial District with a Special Permit. (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 Central Business Development Plan. The proposed rezoning to the "CG-1/SP" General Commercial District with a Special Permit for a transitional housing facility is consistent with elements of the Central Business Development Plan and consistent with the adopted Future Land Use Plan's designation of the property for Public/Semi-Public uses. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance for RS-6/SP Ordinance for CG-1/SP Presentation Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by The Salvation Army ("Owner"), by changing the UDC Zoning Map in reference to a 2.42 acre tract of land, being all of Lots 1-16, Block 6 and a 15 foot wide alley, Bay View No. 3, from the "RS -6" Single -Family 6 District to the "RS-6/SP" Single -Family 6 District with a Special Permit for a social service use; 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 Salvation Army ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, April 20, 2016, during a meeting of the Planning Commission when the Planning Commission recommended denial of the change of zoning from the "RS -6" Single -Family 6 District to the "CG-1/SP" General Commercial District with a Special Permit and, in lieu thereof, approval of the "RS-6/SP" Single -Family 6 District with a Special Permit, and on Tuesday, May 17, 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 by The Salvation Army ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 2.42 acre tract of land, being all of Lots 1-16, Block 6 and a 15 foot wide alley, Bay View No. 3, located between Hancock Avenue and Buford Avenue and between 16th Street and 15th Street (the "Property"), from the "RS -6" Single -Family 6 District to the "RS-6/SP" Single -Family 6 District with a Special Permit (Zoning Map No. 046043), as shown in Exhibits "A" and "B. Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds description, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner meeting the following conditions: 1. Use: The only use authorized by this Special Permit other than uses permitted in the base zoning district is a Transitional Housing facility, a social service use operated to assist families and veterans with their transition into permanent housing. The facility shall not exceed 220 beds. No soup kitchen or public feeding shall be allowed. For the purposes of this section, Transitional Housing is defined as a project that is designed to provide housing and appropriate supportive services to homeless persons to facilitate movement to independent living within 24 months, but the time limit could be longer. 2. Intake Facilities: Adequate waiting area inside the facility must be provided so that no perceived loitering or waiting outdoors occurs. 3. Security: The transitional housing facility located on the Property shall be monitored by staff at all times. 4. Landscaping: Landscape requirements for the Property shall be in compliance with standards for development as outlined in the UDC, except that the landscaping requirement of the street yards shall be met at 100% along 15th Street; 80% along Buford Avenue; 67% along Hancock Avenue; and 60% along 1 6th Street. 5. Building Design: The exterior facade of the building(s) may contain metal elements, however, metal elements shall not exceed 50% of a building's facade. The Owner shall incorporate windows and doors or other architectural enhancements on elevations that face the abutting residential development. 6. Building Height: The height of the building(s) shall not exceed 35 feet. 7. Lighting: Freestanding light poles on the Property shall not exceed 15 feet in height. The Owner shall comply with all other UDC lighting requirements. 8. Parking: Driveways shall be prohibited from being located on 15th Street. 9. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 24 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. Page 2 of 4 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. Ordinance_RS-6 Special Permit Page 3 of 4 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Page 4 of 4 Exhibit A 2.42 Acres, Zoning Tract STATE OF TEXAS COUNTY OF NUECES Job No. 43055.00.02 January 19`h, 2016 Revised: March 2, 2016 Fieldnotes, for 2.42 Acres, Zoning Tract, more or Tess, being all of Lots 1-16, Block 6 and a 15 Foot Wide Alley, Bay View No. 3, a map of which is recorded in Volume A, Page 25, Map Records of Nueces County, Texas; said 2.42 Acre Tract, being more fully described by metes and bounds as follows: Beginning, at the Right -of Way intersection of Sixteenth Street and Hancock Avenue, a public roadway, the Northwest corner of Lot 16, said Block 6, for the Northwest corner of this Tract; Thence, North 85°45'10" East, with the South line of the said Hancock Avenue, the North line of said Block 6, 279.00 Feet, to the Northeast corner of the said Block 6, at the Right -of -Way intersection of the said Hancock Avenue and Fifteenth Street, a public roadway, for the Northeast corner of this Tract; Thence, South 04°014'50" East, with the West line of the said Fifteenth Street, the East line of the said Block 6, 377.00 Feet, to the Southeast corner of the said Block 6, at the Right -of -Way intersection of the said Fifteenth Street and Buford Avenue, a public roadway, for the Southeast corner of this Tract; Thence, South 85°45'10" West, with the North line of the said Buford Avenue, the South line of the said Block 6, 279.00 Feet, to the Southwest corner of the said Block 6, at the Right -of -Way intersection of said Sixteenth Street and the said Buford Avenue, for the Southwest of this Tract; Thence, North 04°14'50" West, with the East line of the said Sixteenth Street, the West line of the said Block 6, 377.00 Feet, to the Point of Beginning, containing 2.42 Acres (105,183 Square Feet) of Land, more or less. Bearings based on GPS, NAD83 (2011), Texas Coordinate System of 1983, Texas South Zone 4205. This description was prepared from record information and does not represent a current on the ground Survey. Unless this fieldnote description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of Tract described S:ISurveying143055100021OFFICE'METES AND BOUNDS143055002 2.42Acres.doc (361)854-3101 URB N ENG Page 1 of 1 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbanong.com TBPE Firm #145 TBPLS Firm #10032400 Exhibit A wg5 \ James D. Carr, R.P.L.S. License No. 6458 FAX (361)854-6001 Point of Beginning --, L- �0 --, Co a`I d- x V) 90' 60' Hancock Avenue (60 R.O.W.) N85'45'10"E Lot 16 Lot 15 2.42 Acres, Zoning (105,183 Lot 14 0 o X HQ O Q 5, D of 13 D M o�U L CP ,, 3 odd m {0 >,Qz y Lot 2 0 _ m 0 r > a o 0co Z c Lot 11 Lot 10 Lot 9 S85'45'10"W Buford 30' 0' 60' 120' 279.00' Lot 1 S' of 2 Tract Sq. Ft.) Lot 3 0 6 w O 4-J T W ffl Lot 4 M -� o U �z W o.° z to N m> z N �Q of 5 o m o 5 > cn ° N o Lot 6 Lot 7 Lot 8 279.00' Exhibit B Avenue Sketch to Accompany (60' R.O.W.) FIELDNOTES Tract, Block which Page County, for 2.42 Acres, Zoning more or less, of Lots 1-16, 6, Bay View No. 3, a map of is recorded in Volume A, 25, Map Records of Nueces Texas. REV: March 2, 2016 DATE: Jan. 16 2016 SCALE: 1"=60 JOB NO.: 43055.00.02 SHEET: 1 of 2 DRAWN BY: RLG urbansurvey1@urbaneng.com 02016 by Urban Engineering riwo /7/7(11 Fi 1(1.77.5(1 Anit Fig • • • • • GRAPHIC SCALE 1"=60' — — LI URBAN ENGINEERING FIRM N0. 145, TBPLS FIRM N0. 10032400 2725 S NO OR, CORPUS NO. N .75404 COM PHONE: 381.854.3101 WWW.URBANENO.COM S•\Survayinrg\4•I(155\(1(1(17\FX4.1(155(NN17 Exhibit B Aerial Overview Vicinity Map 1 Aerial Overview Site Plan H AN COCK Ave. 15" 51: a • J. 41, HV I - 1 1-1 1, 3 Conditions 1. Uses: • Transitional Housing Facility • Up to 220 beds • Meals for residents only. 2. Intake Facilities: Adequate waiting area inside the facility. 3. Security: Monitored by staff at all times. 4. Landscaping: Per the UDC • 100% along 15th Street • 80% along Buford Avenue • 67% along Hancock Avenue • 60% along 16th Street. 4 Conditions 5. Building Design: • Up to 50 % of the facade can include metal elements. • Windows and doors required to face the abutting residential development. 6. Building Height: 35 feet. 7. Lighting: • Per UDC • Freestanding light poles at a 15 -foot maximum height. 8. Parking: No driveways on 15th Street. 9. Time Limit: 24 months 5 PLANNING COMMISSION FINAL REPORT Case No. 0416-02 HTE No. 16-10000009 Planning Commission Hearing Date: April 20, 2016 Applicant/Owner: Salvation Army Representative: Urban Engineering Legal Description/Location: Being a 2.42 acre tract of land, being all of Lots 1-16, Block 6 and a 15 foot wide alley, Bay View No. 3, located between Hancock Avenue and Buford Avenue and between 16th Street and 15th Street. From: "RS -6" Single -Family 6 District To: "CG-1/SP" General Commercial District with a Special Permit for a social service use Area: 2.42 acres Purpose of Request: To allow for a transitional housing facility. Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single - Family 6 Public/Semi-Public Public/Semi-Public North "ON" Office and "RM -3" Multifamily 3 Public/Semi-Public and Low Density Residential High Density Residential South "RS -6" Single - Family 6 Vacant and Low Density Residential Commercial East "RS -6" Single - Family 6 Low and Medium Density Residential Commercial West "RS -6" Single - Family 6 Crosstown Expressway (State Hwy 286) Crosstown Expressway (State Hwy 286) o N a o a a5 Area Development Plan: The subject property is located within the boundaries of the Central Business Area Development Plan and is planned for Public/Semi-Public uses. The proposed rezoning to the "CG-1/SP" General Commercial District with a Special Permit is consistent with the adopted Future Land Use Map and the Central Business Area Development Plan. Map No.: 046043 Zoning Violations: None Planning Commission Final Report Page 2 Transportation Transportation and Circulation: The subject property has 280' of frontage along Buford Street to the south and Hancock Street to the north; and 375' along 16th Street to the west and 15th Street to the east. The Urban Transportation Plan identifies all four streets as local residential streets. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Hancock Street Local Residential 50' ROW 28' paved 55' ROW 32' paved N/A Buford Street Local Residential 50' ROW 28' paved 60' ROW 30' paved N/A 16th Street Local Residential 50' ROW 28' paved 50' ROW 30' paved N/A 15th Street Local Residential 50' ROW 28' paved 55' ROW 30' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS -6" Single - Family 6 District to the "CG-1/SP" General Commercial District with a Special Permit to allow a Social Service Use. Specifically, the proposed Social Service Use will be a transitional housing facility that includes residences for families and veterans, a family service center with playground, a veterans work therapy program, and other care and training services. A transitional housing facility is not explicitly defined or identified in the Unified Development Code (UDC) and could be considered either a Social Service Use or Group Living Use. A later UDC text amendment will be needed to better define the transitional housing use and the zoning district where it is allowed. A Group Living Use is characterized as "Residential occupancy of a structure by a group of people that does not meet the definition of Household Living. Tenancy is usually arranged on a monthly or longer basis. Generally, Group Living structures have a common eating area for residents, and the residents may receive care or training." Social Services Uses are characterized in the UDC as "uses that primarily provide treatment of those with psychiatric, alcohol, or drug problems and transient housing related to social service programs." Until the UDC is amended through a public hearing process to determine the best category and zoning district for transitional housing facilities, Staff has conservatively determined that the use is best categorized as a Social Service Use. Planning Commission Final Report Page 3 Development Plan: The applicant is proposing to construct 35,000 square foot facility that will house intact families. In total, the facility will have 220 beds, a dining and kitchen area to serve only those enrolled in the non -profit's transitional housing program, an open-air courtyard, multi-purpose classroom, administrative offices, parking and a playground. The Center will have 40 staff members and staff will be on-site to monitory the facility 24 hours a day. Of the beds planned for the new facility, they are expected to be used for the following groups: approximately 73 percent for families, 18 percent for veterans, and 7 percent for work therapy, and 2 percent for emergency situations. The Center accepts new residents (single -men) under a 14 -day assessment period before they can be enrolled in the transitional housing programs. The conceptual floor layout of the proposed facility estimates the following square footage allocation per area as follows: SQ. FT. Family & Single Women Housing 9,810 Multipurpose & Classrooms 405 Administrative Offices 2,201 Dining & Kitchen Facilities 3,405 Single Men Housing 3,425 Mechanical and Janitor 2,985 Hallways 8,205 Existing Land Uses & Zoning: The subject property is zoned "RS -6" Single -Family 6 District and consists of a public/semi-public use (chapel, ball fields, and recreational facility). To the northwest is land zoned "ON" Office District and occupied by a day care facility and to the northeast are low density residential uses zoned "RM -3" Multifamily 3 District. To the south is zoned "RS -6" Single -Family 6 District and consists of a vacant lot and low density residential uses. East and west of the subject property is zoned "RS -6" Single -Family 6 District with low and medium density residential to the east and an expressway to the west. 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 as several lots and will need to be replatted into one lot. Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Central Business Development Plan. The proposed rezoning to the "CG-1/SP" General Commercial District with a Special Permit for a transitional housing facility is consistent with elements of the Central Business Development Plan and consistent with the adopted Future Land Use Plan's designation of the property for Public/Semi-Public uses. Additionally, the following are pertinent elements of the Central Business Development Plan and Comprehensive Plan Policy Statements that warrant consideration: Planning Commission Final Report Page 4 • Policy Statement, Public Safety and Neighborhood Improvement, PSNI 1.5: 1.) Create a committee to address the issues and needs of the homeless in the City; plan and work towards the placement of all homeless, unemployment services, and additional social needs and services in one building, in one area. • Comprehensive Plan Policy Statements on Residential, Statement F: Encourage infill development on vacant tracts within developed areas. • Comprehensive Plan Policy Statements on Social Services (pg. 52): A. Social service facilities should be provided in a systematic manner that ensures services are provided where they are most needed. In order to systematically provide these services, standards should be developed which are based on population size and the socio-economic characteristics of the population. B. Some social service facilities should meet the needs of specific populations. The quality and physical setting of all social services should be periodically reviewed, and improved if necessary, to meet the needs of the elderly, disabled, and other special population groups. UDC Special Permit Review Criteria: In determining whether to approve, approve with conditions or deny a special permit, the applicable review bodies shall consider the following criteria according to UDC Section 3.6.3: 1. The use is consistent with the Comprehensive Plan. 2. The use complements and is compatible with the surrounding uses and community facilities. 3. The impact of the use on public infrastructure such as roads, natural gas, water, storm water and wastewater systems, and on public services such as police and fire protection and solid waste collection can be minimized without negatively impacting existing uses in the area and in the City. 4. The use contributes to, enhances or promotes the welfare of adjacent properties and the surrounding area. 5. The use does not substantially adversely affect adjacent and neighboring uses. 6. The use does conform in all other respect to regulations and standards in the UDC. 7. If located within or adjacent to a residential area, the physical appearance, hours of operation and conduct of the use does not generate excessive noise, dust, smoke, glare, spillover lighting or other forms of environmental or visual pollution or otherwise detrimentally affect the residential character. 8. The development provides ample off-street parking and loading facilities. Planning Commission Final Report Page 5 Department Comments: • The proposed rezoning is consistent with the Comprehensive Plan Future Land Use map and the policies of the Central Business Area Development Plan. • Transitional housing facilities with sufficient organizational support can create positive impacts for the community. • The applicant intends to improve the property by constructing a new social service use facility that will replace existing structures. • Development of the site furthers policies pertaining to infill development. • The Special Permit request meets all of the review criteria required by UDC Article 3.6.3. Planning Commission and Staff Recommendation: Denial of the change of zoning from the "RS -6" Single -Family 6 District to the "CG-1/SP" General Commercial District with a Special Permit and, in lieu thereof, approval of the "RS-6/SP" Single -Family 6 District with a Special Permit subject to the following conditions: 1. Use: The only uses authorized by this Special Permit other than uses permitted in the base zoning district is a Transitional Housing facility, a social service use operated to assist families and veterans with their transition into permanent housing. The facility shall not exceed 220 beds. No soup kitchen or public feeding shall be allowed. For the purposes of this section, Transitional Housing is defined as a project that is designed to provide housing and appropriate supportive services to homeless persons to facilitate movement to independent living within 24 months, but the time limit could be longer. 2. Intake Facilities: Adequate waiting area inside the facility must be provided so that no perceived loitering or waiting outdoors occurs. 3. Security: The transitional housing facility located on the Property shall be monitored by staff at all times. 4. Landscaping: Landscape requirements for the Property shall be in compliance with standards for development as outlined in the UDC, except that the landscaping requirement of the street yards shall be met at 100% along 15th Street; 80% along Buford Avenue; 67% along Hancock Avenue; and 60% along 16th Street. 5. Building Design: The exterior facade of the building(s) may contain metal elements, however, metal elements shall not exceed 50% of a building's facade. The Owner shall incorporate windows and doors or other architectural enhancements on elevations that face the abutting residential development. 6. Building Height: The height of the building(s) shall not exceed 35 feet. 7. Lighting: Freestanding light poles on the Property shall not exceed 15 feet in height. The Owner shall comply with all other UDC lighting requirements. Planning Commission Final Report Page 6 8. Parking: Driveways shall be prohibited from being located on 15th Street. 9. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 24 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Vote Results: For: Unanimous Opposed: 0 Abstained: 0 Absent: 0 Public Notification Number of Notices Mailed — 28 within 200 -foot notification area 7 outside notification area As of April 26, 2016: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 6 inside notification area — 0 outside notification area Totaling 4.72% 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 K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\0416-02 Salvation Army\Council Documents\Report 0416-02 Salvation Army.docx COLEMAN AVE R M - 3 COLEMAN AVE .:.:OCK'AVE B nv UFORD AVE R'S -6 1,11 GI z -40 N Co 03 0 73410 co a► 'o 0 RS -TF BUFORD AVE ti R SA:aT cp 03 co CRAIG ST 0-N Dae Created: 4/412016 Prepared By: JeremyM of Development S�tirices-N ti 400 Depattme CASE: 0416-02 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 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition EOPARD SUBJECT PROPERTY AGNES- �yD�NF LOCATION MAP City of Corpus Christi 4-1 ANcocV. AVE. N T 3vFoRP ST. r)oveloprnOnt Services Dept. P.O. Box 9277 Corpus Christi, Texas 79469,9277 (364826,3249 Located at 2406 Leoparri Street • l, 1, -- IF. 1802 - .1820 BufOR) Street © CrOSstown 2,42 Acres 3. Subject Property Address: Area of Request (SF/acres): Current Zoning & We. . RS -6 WOrehlp Center/PAL center Proposed Zoning & Use :.-ocial ServiCG use; Tr.ans_iiieriel Living i.,aciiity I 0010 12 -Digit Nunes Countyrax D: 0488____ Subdivision Name: Bay View No. 3 Block: ._ 6 Lot(s): 1-16 and adj. aifEry Legal Description If not platted: Lots 1 through 16, Block 6, and adjacent alley, Bay View No. 3 16-10000004 REZONING APPLICATION CaseNe.:. 0416-02 Map No.: 046043 1.: PC Hearing Date: 4/20/16 Proj.Mgr Hearing Location: Cityklal colacingb4rnOers,_1201 Leopard SAreet; Hearing Time: 5:30,pfn TR 3-111-16 MAXIMUM OP FIVE REZONINGS CASES ARE SCHEDULED PER HEARING. INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. 7g, n 47,74e1,7,,,,,Nr •,..,7',...m..,rne<M,177,74., ,,,,71,7.7=7,7•7^,er • • -L•771,,,,n4g'''''''.'11 Coritad Person : Xavier Galvan Applicant PrbOn Engineering VTaIing ArldreSs:2725 Swantner Drive • C state: TX 7,1 ; 78404 phone: c_361 j 854-3101 w777-7*7,77,17.7•hun .77.7.7777•71•7171. Cell: Lj 7 7;,,L+ 771,7777,77....ek,,,RU,V.,:prattra.1.,117,,, twa u, 7A77,:n tut.. mu gi 7,47, ,•7 77 ••• -7,1! The Salvation Arrny, a Georcila Corporation Properly Owner(s):contact Person : Gustavo Perez Northeast Expressway main° Address: 1424 Atlanta City: E -mai State• GA ZIP: 30329 , Phone: C.61 658-5610 ) Y.,.V 70, h • thhh, n.-1-Ahr/henriahlra.91 hAh. 4. Submittal Requirerrients: l Early Assistance Meeting: *1 Land Use Statement IF APPLICABI,E: El Peak Hour Trip Form, (if request is inconsistent with Future Land Use Plan) 0 Ste Plan for PUD or Special Perrnit Date Held 1-25-16 ; with city staff Door' Wood, miguei Al;rnan, Anmas drew Di & Juan Londe *1 Disclosure of Interest[ Copy of Warranty Deed toi Ntert,,es & Minds Descrirition with exhibit if property includes un -platted land (sealed by RPLS) C411 Appointment of Agent Form if landowner is not signing this form I 1 ceilify that I have provided the City or corpus Chnsti with a compluie applicatio;7or revle 1 7N as or on behalf of the Property Owner(s); and the hjJdrrnation 11 1 .___ „..,.., Owner or Agent's gnature 4 1 q LAMES K. SEILR. MEASURER _ ' Ownef os Agent'S Printed Name 0 Lien Holder Authorization t at. anthori4ed to initiate this rez,ening. ' te. Apt)! 'ant' gnature, rqAp, AppHcatit's Printed Name ;1! 2/23/16 R h-gh 7.7, 7, ,,7.7...trmr,,,vm7ez•an7:7.•=7:727•7.,,,71.7171,,,,,,,,-4-,,,,,,,,,rie,".7,7,7x.774 BKP Office Use. ()My: DOW Received: Received By: ADP: CB • Rezoning 'Fee: PUD Fee ...4. Sign Fee 40.00 =Total Pee 1732.50 No. Signs Requirkl 4 © 0/sign Sign Posting Date: K..,[3Ev—Fs.:-'1.6-partl'ilvcs7sHA(761ANE)iiv'67;i','47:5:41TA7r74.717:Allog FOM s \ zonING,AiNiNG Appucxrprit42()ii;:di:x; Fortn ReVited 5112r2015 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. The owner is requesting a change of zoning from RS -6 to CG -1 with special permit to allow for a transitional housing facility. The property is currently developed as a recreational facility. The developer is proposing a 35,000+1- square foot building that will be used to house intact families. It will have a family service center and will have a veterans and work therapy program. Plans include a playground and courtyard. Office hours will be Monday through Friday, from 8:00 a.m. to 5:00 p.m. The family service center is open 24 hours a day, 7 days a week and includes monitoring staff. The center will have approximately 40 staff members. There will be approximately 38 parking spaces. 2. Identify the existing land uses adjoining the area of request: North - ON (Pre -K Center) and RM -3 (Residential) South - RS -6 (Residential) East - RS -6 (Residential) West - RS -6 (Crosstown Expressway) C1USER5ITANYAR DOOLDESKTOPIRAILY USESANNIKAILAND USE STATEMENT FOR ZONING.DOC DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons cr fi=ns seeKing to do business with the City to provide the following information Every question must be answered If the question is not applicableanswer with "NA". NAME: The Salvation Army, a Georgia corporation STREET 1424 Northeast Expressway CITY: Atlanta, Georgia ZIP: 30329 FIRM is Corporation Partnership Sole Owner °Association °Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A 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 N/A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A 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 N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested, and that supplemental statements will be promptly submitted to the C__ itY_of Comus tioslistas as changes occur. Certifying Person. (Print Name) Signature of Certifying Person Title: Date 6,114oRp KIDCVELOPMENTSVCS15HAR C.LP.ND DEVELOPMENTWPPL'C ;TIO ORi'alREZON1NG'DISCLOSURE OF INTERESTS STATEMENT_5.12 2015.DOC City of NM Corpus .= Christi DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Department of Development Sem cc: P 0 Box 9277 Carpus Cling!. Texas 78469. (361) 826-32417 Located at 2406 Leopard Street (Comer of Leopard St and Port Ave City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: Urban Engineering STREET: 2725 Swantner Drive CITY: Corpus Christi, Texas Zip: 78404 FIRM is. ❑x Corporation ❑ Partnership ❑ Sole Owner ❑ Association ❑ Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an `ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) NIA 2. State the names of each "official" of the City of Corpus Christi having an `ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title N.`A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee 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 NA CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: x '° ° . 4 er (Print) Signature of Certifying Person: Title: tib- Date: 21-1(z, Lim K 1DEVELOPAIENTSVCS%SiiAREDLAND DEVELOPMENT OR 1FrX E ADMINISTRA7 ON APP (CATION FORM J ORM .h- PER LEGAL120121DISCLOSURE OF INTERESTS STATEMENT 1.27 12 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, aue tienen la intention de asistir a este junta v cue recuieren servicios especiales. se les suolica aue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo. al ntamero (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 inales es limitado, favor de (lamer al departamento de s'o de desacr.lio al nim-ro 361 826-3240 al mends 48 horns antes se I. unta are solicitar un interprete ser presenterdlaqvig CITY PLANNING COMMISSION PUBLIC NEARING NOTICE Rezoning Case No. 0416-02 The Salvation Army has petitioned the City of Co sus Ch to consider a change of zoning from the "RS -6" Sinc>Ile-Family 6 District to the "CG-1/SP eneral Comm- -" a Special Permit for a social service use. The a ns to . •nstruct a transitional living facility. he property to be rezoned is described as: Being a 2.42 acre tract of land, being all of Lots 1-16, Block 6 and a45 foot wide alley, Bay View No. 3, located between Hancock Avenue and Buford Avllhue and between 16th Street and 15th Street. The Planning Commission may recommend to City Council approval or denial, or approval of an lesser zoning classification with a Special Permit, or modify conditions of the 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, April 20, 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 in_person, by telephone call or by letter. Printed Name: orb 12 L Address: ?'— /5-711,5-f ( ) IN FAVOR REASON: N OPPOSITION APR 1 2016 1 DEVELOPMENT SERVICES l? Sig ure L SPECIAL SERVICES .SEE MAP ON REVERSE SIDE Property Owner ID: 28 HTE# 16-10000009 City/State:Ca F*5a. r .e. 3 je i a Phone: 32et V• Case No. 0416-02 Project Manager Dolores Wood 1 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, aue tienen la intention de asistir a esta junta v que requieren servicios especiales. se les suplica aue den aviso 48 horas antes de la [unta Ilamando al departamento de servicios de desarrollo. al niumero (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 Ia commission durante Ia junta v su inaies es limitado. favor de llamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0416-02 The Salvation_Army has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use. The applicant plans to construct a transitional living facility. The property to be rezoned is described as: Being a 2.42 acre tract of land, being all of Lots 1-16, Block 6 and a 15 foot wide alley, Bay View No. 3, located between Hancock Avenue and Buford Avenue and between 16th Street and 15th Street. The Planning Commission may recommend to City Council approval or denial, or approval of an lesser zoning classification with a Special Permit, or modify conditions of the 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, April 20, 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, 0. 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: li eitgAin r Address: f 1OLo— %lp Ili City/State•rx C i + , { ) IN FAVOR (X IN OPPOSITION Phone: (3L17 g g REASON: SEE MAP ON REVERSE SIDE Property Owner ID: 25 HTE# 16-10000009 ;' I 5 l J Signature 71"--r Case No. 0416-02 Project Manager Dolores Wood 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, aue tienen la intention de asistir a esta junta v sue reauieren servicios especiales, se les suplica aue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al ntimero (3611 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 inales es limitedo, favor de Ilamar al departamento de servicios de desarrollo al ntimero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprets ser oresente durante 12 junta APR 21 2616 r ITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0416-02 DEVELOPMENT SERVICES T SaI 61 'JAl $\f1g tined the City of Corpus Christi to consider a change of zoning from the "R -6" Single -Family 6 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use. The applicant plans to construct a transitional living facility. The property to be rezoned is described as: Being a 2.42 acre tract of land, being all of Lots 1-16, Block 6 and a 15 foot wide alley, Bay View No. 3, located between Hancock Avenue and Buford Avenue and between 16th Street and 15th Street. The Planning Commission may recommend to City Council approval or denial, or approval of an lesser zoning classification with a Special Permit, or modify conditions of the 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, April 20, 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 in-person, by telephone call or by letter. Address: 51 11 ,L,4kE /2 kook_ ( ) IN FAVOR (N OPPOSITION REASON: ---7-1-74- 4,;11 Cie p LE-CiF 7E PSP 62 SEE MAP ON REVERSEIDE Property Owner ID: 27 / HTE# 16-10000009 City/State:SAAJ , I PTDA D I X Phone: 410 a .3 7 9co e IVG2 Signature Case No. 0416-02 Project Manager: Dolores Wood 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, aue tienen la intencion de asistir a esta junta v aue reauieren servicios especiales, se les suplica aue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al ntimero (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 inales 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 nint&vete Ser presente-d nte-ia junta. EUEvt , CITY PLANNING COMMISSION PR 21 2016 PUBLIC HEARING NOTICE Rezoning Case No. 0416-02 DEVELOPMENT SERVICES SPFCIAL SERVICES he -Salvation Arm hem petitioned the City of Corpus Christi to consider a change of zoning from the ` RS -6" Single -Family 6 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use. The applicant plans to construct a transitional living facility. The property to be rezoned is described as. Being a 2.42 acre tract of land, being all of Lots 1-16, Block 6 and a 15 foot wide alley, Bay View No. 3, located between Hancock Avenue and Buford Avenue and between 16th Street and 15th Street. The Planning Commission may recommend to City Council approval or denial, or approval of an lesser zoning classification with a Special Permit, or modify conditions of the 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, April 20, 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 in person, by telephone call or by letter. Printed Name;,.. 46- Address: /77/ K 8I€WK City/State��il AN 7zW/0 77( JU " ( ) IN FAVOR (1�1�OPPOSITION Phone: c �3 7 9�J REASON: X11/ dep02-ee/A-T 06/2 peOpERry, SEE MAP ON REVERSE SIDE Property Owner ID: 2 /'+ HTE# 16-10000009 t/Tt. Ca.d—etAA41 Signat e Case No. 0416-02 Project Manager: Dolores Wood 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 v cue 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 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 dirioirse a la commission durante la junta v su inoles es limitedo, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar 'nterDrete.ser_.DreseDte durante la junta. t Cavi APR 21 2016 DEVELOPMENT SERVICES P vC©�SERVICESs petitioned the City of Corpus Christi to consider a change of zoning from the RS -6" Single -Family 6 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use. The applicant plans to construct a transitional living facility. The property to be rezoned is described as: CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0416-02 Being a 2.42 acre tract of land, being all of Lots 1-16, Block 6 and a 15 foot wide alley, Bay View No. 3, located between Hancock Avenue and Buford Avenue and between 16th Street and 15th Street. The Planning Commission may recommend to City Council approval or denial, or approval of an lesser zoning classification with a Special Permit, or modify conditions of the 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, April 20, 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:105& ?ot3T� A2i7-JA e/4,5iiao VA Address:. --9 / 1 CA ( B Rook City/State: SA,J Ali TDN/O JTY ( ) IN FAVOR (t1 OPPOSITION Phone: a lb. ) 31 9 FO g REASON: f will ode pQ ccm but p 2opc-a_rti SEE MAP ON REVERSE SID_ E Properly Owner ID: 8 .." HTE# 16-10000009 WuaAA9 eia-va•44 Signa re Case No. 0416-02 Project Manager. Dolores Wood 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 incaoacidades. aue tienen la intention de asistir a esta junta v aue reauieren servicios esoeciales, se les sualica aue den aviso 48 horas antes de la junta llamando 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 irides es limitado, favor de Ilamar al departamento de servicios de desarrollo al nCimero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un it t' te ser oresente dura a unta. APR 21 2016 DEVELOPMENT SERVICES SPECIAL SERVICES CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0416-02 The Salvation Army has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use. The applicant plans to construct a transitional living facility. The property to be rezoned is described as: Being a 2.42 acre tract of land, being all of Lots 1-16, Block 6 and a 15 foot wide alley, Bay View No. 3, located between Hancock Avenue and Buford Avenue and between 16th Street and 15th Street. The Planning Commission may recommend to City Council approval or denial, or approval of an lesser zoning classification with a Special Permit, or modify conditions of the 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, April 20, 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 in_person, by telephone call or by letter. Printed Name:! (_ Address: ( C L___C7 ' ( ) IN FAVORIN OPPOSITION REASON: SEE MAP ON REVERSE SIDE Property Owner ID. 7 HTE# 16-10000009 Signature City/State: C 7 L Phone: I( 57 Case No. 0416-02 Project Manager: Dolores Wood AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of May 17, 2016 Second Reading for the City Council Meeting of May 24, 2016 DATE: April 26, 2016 TO: Ronald L. Olson, City Manager FROM: Daniel McGinn, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at 22-26 and 34-37 N. Country Club Drive, and 39, 41, 42, and 56 Country Club Drive CAPTION: Case No. 0416-03 Magellan Terminals Holdings, LP: A change of zoning from the "RS - 6" Single -Family 6 District, "ON" Office District and "RM -1" Multifamily 1 District to the "IL" Light Industrial District. The property is described as Lots 22-26, 34-42 and 55-56, Country Club Place, located on the north side of Interstate Highway 37, between Up River Road and Poth Lane. PURPOSE: The purpose of this item is to rezone the property to allow light industrial uses. RECOMMENDATION: Planning Commission and Staff Recommendation (April 20, 2016): Approval of the change of zoning from the "RS -6" Single -Family 6 District, "ON" Office District and "RM -1" Multifamily 1 District to the "IL" Light Industrial District. Vote Results For: Unanimous Opposed: 0 Abstained: 0 Absent: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is proposing rezoning to the "IL" Light Industrial District to accommodate office and warehousing uses to support existing industrial development as well as to create opportunity for future development typically found in a light industrial district. The subject property is located within the boundaries of the Westside Area Development Plan (ADP). The proposed rezoning to the "IL" Light Industrial District is not consistent with the Westside ADP or the adopted Future Land Use Plan's designation of the property as low density residential. In this case, however, it is clear that a change to the Future Land Use Map is warranted. The subject property is located in an abandoned single-family subdivision in a heavy industrial area of Corpus Christi adjacent to Refinery Row. Ownership records with the Nueces County Appraisal District indicate the lots in the neighborhood currently are owned by several different industrial companies, including Citgo Refining and Chemicals, Flint Hills Resources and Mark West Javelina Co., LLC. It is staffs opinion the abandoned neighborhood should be rezoned and redeveloped to provide uses needed to support industry, meanwhile also establishing compatibility with existing uses. Staff believes that the proposed rezoning would not negatively impact the surrounding residential properties and is compatible with the neighboring industrial users to the north and west abutting the abandoned residential subdivision. The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment. ALTERNATIVES: 1. Deny the request. 2. Approve an intermediate zoning district. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of Westside Area Development Plan. The proposed rezoning deviates from the Comprehensive Plan Future Land Use map, however, based on existing development, lack of redevelopment of the subject property and ownership patterns in the immediate vicinity, a change to the Future Land Use Map is warranted. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 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 Magellan Terminals Holdings, LP ("Owner"), by changing the UDC Zoning Map in reference to Lots 22-26, 34-42 and 55-56, Country Club Place, from the "RS -6" Single -Family 6 District, "ON" Office District and "RM -1" Multifamily 1 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 Magellan Terminals Holdings, LP ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, April 20, 2016, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the "RS -6" Single -Family 6 District, "ON" Office District and "RM -1" Multifamily 1 District to the "IL" Light Industrial District, and on Tuesday, May 17, 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 Magellan Terminals Holdings, LP ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lots 22-26, 34-42 and 55-56, Country Club Place, located on the north side of Interstate Highway 37, between Up River Road and Poth Lane (the "Property"), from the "RS -6" Single -Family 6 District, "ON" Office District and "RM -1" Multifamily 1 District to the "IL" Light Industrial District (Zoning Map No. 049045), as shown in Exhibits "A" and "B". Exhibit A, which is a metes and bounds description of the property, and Exhibit B, which is a map to accompany the metes and bounds description, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. The City's Future Land Use Map, an element of the Comprehensive Plan, is amended to designate the Property for light industrial 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance_Magellan Terminals Holdings, LP Page 2 of 2 MURRAY BASS, JR., P.E., R.P.L.S. NIxoN M. WELSH, P.E., R.P.L.S. www.bass-we1sh.com e-mail: nixmw@aol.com BASS & WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi. TX 78466-6397 February 17, 2016 Field Note Description Rezoning 3054 S. ALAMEDA, ZIP 78404 361 882-5521-- FAX 361 882-1265 e-mail: murrayjr@aol.com Being three tracts situated in Corpus Christi, Nueces County, Texas, comprised of lots and portions of lots in Country Club Place Subdivision, as shown on the map thereof recorded in Volume 4 at Page 3 of the Map Records of Nueces County, Texas, and being more particularly as described in the following description: Tract No. 1 Comprised of Lots 22, 23, 24, 25, and that portion of Lot 26 lying outside of the right-of-way of Interstate Highway 37; BEGINNING at a point in the west boundary of Lot 26 where it is intersected by the north right-of-way line of Interstate Highway 37 for the southwest corner of this tract; THENCE N 23°10'15" E along the west boundary of Lots 26, 25, 24, 23 and 22 a distance of 457.14 to the northwest corner of Lot 22 for the northwest corner of this tract; THENCE S 54°11"16" E along the north boundary of Lot 22, a distance of 212.70 feet to a point in the east boundary of Lot 22, said point lying in the west boundary of the former North Country Club Place Street that was closed by Ordinance No. 028963 and retained as a utility easement, said point lying on a curve to the left; THENCE along said curve to the left whose radius is 149.46 feet in a southwesterly direction, a distance of 5.86 feet; said curve having a chord bearing S 31°03'41" W with a chord length of 5.86 feet to the point of tangency of said curve; THENCE S 26°49'47" W along the east boundary of Lots 22, 23, 24 and 25, a distance of 344.04 feet to a point of intersection with the north right-of-way line of Interstate Highway 37; THENCE N 85°13'22" W along the north right-of-way line of Interstate Highway 37 along the current south boundary of Lots 25 and 26 a distance of 194.73 feet to the POINT OF BEGINNING forming a tract embracing 1.812 acres. Tract No. 2 Comprised of Lots 36, 37, 38, 39, 40 and those portions of Lots 34, 35, 41 and 42 lying north of the north right- of-way line of Interstate Highway 37 in the Country Club Place Subdivision; BEGINNING at the intersection of the west boundary of Lot 34 with the north right-of-way line of Interstate Highway 37 for the southwest corner of this tract; THENCE N 26°57'01" E a distance of 312.00 feet to the point of curvature of a curve to the right; THENCE along said tangent curve to the right, whose radius is 98.94 feet in a northeasterly and southeasterly direction, a distance of 124.16 feet; said curve having a chord bearing N75°30'43"E with a chord length of 116.17' to the point of tangency of said curve; EXHIBIT A Page 1 of 2 THENCE along the north line of Lots 38 and 39, S 59°40'33" E a distance of 163.00 feet to the point of curvature of a curve to the right; THENCE along said tangent curve to the right whose radius is 92.58 feet in a southeasterly and southerly direction, a distance of 128.58 feet; said curve having a chord bearing S16°35'45"E with a chord length of 118.49' to the point of tangency of said curve; THENCE S 27°34'10" W along the east boundary of Lots 39, 40 and 41, and distance of 160.51 feet to a point where the east boundary of Lot 41 intersects the north right-of-way line of Interstate Highway 37; THENCE with the current south boundary of Lots 41, 42, 35 and 34 on the north boundary along the north right-of-way line of Interstate highway 37 as follows: S 58°42'55" W a distance of 17.45 feet to a point; N 84°08'19" W a distance of 80.27 feet to a point; N 86°12'26" W a distance of 238.63 feet to a point; THENCE N 52°58'18" W a distance of 26.63 feet to the POINT OF BEGINNING, forming a tract embracing 2.415 acres. Tract No. 3 Comprised of Lot 56 and that portion of Lot 55, lying north of the north right-of-way line of Interstate Highway 37; BEGINNING at the intersection of the west boundary of Lot 55 with the north right-of-way line of Interstate Highway 37 for the southwest corner of this tract; THENCE N 26°30'44" E along the west boundary of Lot 55 and 56 a distance of 100.68 feet to the point of curvature of a curve to the right; THENCE along said tangent curve to the right, whose radius is 99.58 feet said curve having a chord bearing of N69°54'02"E with a chord length of 118.25, in a northeasterly and southeasterly direction, a distance of 126.60 feet to the point of tangency of said curve; THENCE along the north boundary of Lot 56, S 60°19'30" E a distance of 83.37 feet to a point for the northeast corner of this tract; THENCE S 26°30'44" W along the east boundary of Lot 56 and 55 a distance of 122.98 feet to its intersection with the north right-of-way line of Interstate Highway 37 for the southeast corner of this tract; THENCE N 88°51'36" W along the south boundary of Lot 55 a distance of 148.67 feet to a point for an intermediate corner of this tract; THENCE continuing along the north right-of-way line of Interstate Highway 37, N 54°40'49" W a distance of 30.50 feet to the POINT OF BEGINNING forming a tract embracing 0.574 acres. rray Bass, +r., R.P.L.S. Note: Basis of Bearing is State of Texas Lambert Grid, South Zone, NAD 1983. MBJ:sab 15018 -Field Note-Rezoning.doc EXHIBIT A Page 2of2 9 119IHX2 5' PUBLIC UTIUTY EASEMENT VOL 206, PG. 412 VOL 195, PG. 273 VOL 198, PG. 324 D.R.N.C.T. CALLED 20' LANE VOL. 4, PG. 3 M.R.N.C.T. INDUSTRIAL DISTRICT NO. ONE CITGO REFINING AND CHEMICALS VOL 2142. PG. 803 D.R.N.C.T. e POINT OF BEGINNING RIGHT-OF-WAY 1 POINT OF COMMENCING RIGHT-OF-WAY 2 Y= 17.182.260.33' X = 1 326,338.14' LEGEND / / / LOT 24 LOT 25 RIGHT-OF-WAY 1 0.0498 ACRES LOT 22 LOT 23 14 O 518' IRON ROO SET WITH CAP STAMPED 'FRONTIER 10082900• ▪ 518' IRON ROD FOUND (UNLESS OTHERWISE NOTED) O CONCRETE MONUMENT FOUND Fl2t:PAITIER SURVEYING COMPANY wNw)RON1ERSUFIWYPeledl 1.3 EXHIBIT A - PAGE 4 OF 4 LOT 16 KOCH REFINING COMPANY LP 30' PIPELINE EASEMENT DOC• NO. 1997020317 LOT 15 0' A. sir 0 4s LOT 34 N LOT 38 0.P.R.N C.T LOT 39 ser LOT 37 \ // N V5' PUBIC UTILITY OL 206, PG.412 A5EMENT D.R.N.C.T. LOT 40 \ COUNTRY CLUB PLACE VOL. 4. PG. 3 M.R.N.C.T, LOT 36 RIGHT-OF-WAY 2 0.0765 ACRES LOT35 Ler POINT OF BEGINNING RIGHT-OF-WAY 2 LINE MEAR4l0 079TANC3 11 N73. r715'E 1054- g2 545.13'20' 0 2.19 47 12 3sr0'21•w et 10' 14 Na7•rr1rw 19472 13 Nar0121•E 2402 Le 3 i Ir rrr 077 1? etr fr WE 75407 10 114'd711"E 2215• 1S 33r4755 w 1050' 110 Ne4.01F 111 0021 L11 NOr17.1e'W 23107 112 N3rSrirw Inns• 112 Nen 3720'W 14161 114 N34 N7 794w 17 a 119 3H•.1r')0•E 10017 LIB 32r1744•w 7107 T1a0UFfNO ST SWUM 710 WEST STA ST 5107710 CORPUSWa9T1 TEXAS 71401 • roar WORM. TEX0.531101 TeeLS FIRM I f 00290 rens fR41 NO. 10002931 P1•1014: 0011II1 •0044 • P1/ONE. II1F) 900.4'.10 KOCH REFINING COMPANY, L P. 30' PIPELINE EASEMENT DOC. NO. 1997020317 0.P.R.N.C.T. OT 12 LOT41 eel to LIS N LOT 14 LOT 13 LOT 56 RfGHT.OFCWAf 3 N."- 0.0364 ACRES LOT55 `r CUT SET e, 117 INTERSTATE 37 ACCESS ROAD (VARIABLE WIDTH R.O.W ) The undersigned hereby Candles That an on the ground survey was conducted order my direction and supervision that meets the minimum requirements set fain by the Texas Board of Professional Land Surveying. NOTES 1) Bearings shown are based on the Texas Coordinate System o11983, South Zone (CORS 2011 EPOCH 2010). 2) Distances shown are grid. 3) Sce separate pages for desaip8fons. Registered Professional Land Surveyor Allen W. Kerley R.P.L.S No 5427 / LOT 57 LOT 58 10 POINT OF BEGINNING RIGHT-OF•WAY3 Y=17182205.19' X = 1 327.223 93' a 50 100 LOT 12 200 LOT 11 RIGHT-OF-WAY RICHT—OF—WAY 1 0 0496 ACRES RIGHT—OF— WAY 2: 0 0765 ACRES RICHT—OF—WAY 3 0 0364 ACRES SITUATED IN THE E. VILLAREAL SURVEY, ABSTRACT NO, 1. NEAR THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS Jab Nundwr 1506013 Score Field 1761.. 10/20/2015 a,.1r.d bin. Field T.ch(a): CS/.)Ca cense Tech(.): 1' = 100 AWK CIJB 0re.An0 Dat.: 1 1/10/2015 R.e.0 Dat.: 11 /19/2015 c:\Projects\2015\1506013 - Megailan - CC Witter 0531 - Maces \DMC\1506013 - CC Spatter OS& - 1,1e0.4.1 Aerial Overview Aerial PLANNING COMMISSION FINAL REPORT Case No. 0416-03 HTE No. 16-10000012 Planning Commission Hearing Date: April 20, 2016 Applicant & Legal Description Applicant/Owner: Magellan Terminals Holdings, LP Legal Description/Location: Lots 22-26, 34-42 and 55-56, Country Club Place, located on the north side of Interstate Highway 37, between Up River Road and Poth Lane. Zoning Request From: "RS -6" Single -Family 6 District, "ON" Office District and "RM -1" Multifamily 1 District To: "IL" Light Industrial District Area: 4.8 acres Purpose of Request: To allow light industrial uses. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single - Family 6 District, "ON" Office District and "RM -1" Multifamily 1 District Vacant and Office Low Density Residential North "RS -6" Single- Family 6 and "ON" Office District Vacant Low Density Residential and Professional Office South "RS -6" Single - Family 6 District and "CN -1" Neighborhood Commercial District Vacant and Low Density Residential Commercial and Low Density Residential East "RS -6" Single- Family 6 Vacant Low Density Residential West Outside City Limits Heavy Industrial Heavy Industrial Planning Commission Final Report Page 2 0.5 o 2 a o a5 Area Development Plan: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for low density residential uses. The proposed rezoning to the "IL" Light Industrial District is not consistent with the adopted Future Land Use Map or the Westside Area Development Plan. Map No.: 049045 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 715 feet of street frontage along the north side of Interstate Highway 37 Access Road, which is an "F1" Freeway/Expressway. Street R.O.W. Street Urban Transportatio n Plan Type Proposed Section Existing Section Traffic Volume (2013) Interstate Highway 37 Access Road "F1" Freeway/ Expressway 400' ROW Paved -Varies 310' ROW 260' paved 1,697 ADT Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS -6" Single - Family 6 District to the "IL" Light Industrial District to allow industrial uses. Development Plan: The applicant is proposing rezoning to the "IL" Light Industrial District to accommodate office and warehousing uses to support existing industrial development as well as to create opportunity for future development typically found in a light industrial district. Existing Land Uses & Zoning: The subject property is zoned "RS -6" Single -Family 6 District, "ON" Office District and "RM -1" Multifamily 1 District and is vacant except for one lot which consists of medium density residential. To the north is zoned "RS -6" Single -Family 6 and "ON" Office District and is vacant. South of the subject property is zoned "RS -6" Single -Family 6 District, "ON" Office District and "RM -1" Multifamily 1 District and consists of the northbound side of Interstate Highway 37 Access Road. To the east is vacant land zoned "RS -6" Single -Family 6 and west of the subject property is Outside City Limits and consists of heavy industrial uses. 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. Planning Commission Final Report Page 3 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 "IL" Light Industrial District is not consistent with the Westside ADP or the adopted Future Land Use Plan's designation of the property as low density residential. In this case, however, it is clear that a change to the Future Land Use Map is warranted. The following are policies that warrant consideration in deliberating on this matter. - Infill development should be encouraged on vacant tracts within developed areas (Comprehensive Plan Residential Policy Statement H) - Incompatible industrial and commercial land uses should not abut residential areas (Comprehensive Plan Residential Policy Statement I) - Provide adequate and suitably -zoned land for both light and heavy industries (Comprehensive Plan Industrial Policy Statement A) - High-intensity commercial and industrial areas should be buffered to provide transition from residential areas through the existence of (b) public institutional buildings (d) scale of design. (Westside Area Development Plan, Policy Statement C.5). - Industrial properties should be required to minimize undesirable "spillover effects" into residential and commercial areas (this includes noise, air pollution, negligent visual blight, etc.) by means of property layout and organization of activities by screening and maintaining buffer areas or zones for their activities. (Westside Area Development Plan, Policy Statement C.6). Department Comments: • The proposed rezoning deviates from the Comprehensive Plan Future Land Use map, however, based on existing development, lack of redevelopment of the subject property and ownership patterns in the immediate vicinity, a change to the Future Land Use Map is warranted. • The subject property is located in an abandoned single-family subdivision in a heavy industrial area of Corpus Christi adjacent to Refinery Row. Ownership records with the Nueces County Appraisal District indicate the lots in the neighborhood currently are owned by several different industrial companies, including Citgo Refining and Chemicals, Flint Hills Resources and Mark West Javelina Co., LLC. It is staff's opinion the abandoned neighborhood should be rezoned and redeveloped to provide uses needed to support industry, meanwhile also establishing compatibility with existing uses. • It is staff's opinion that the proposed rezoning would not negatively impact the surrounding residential properties even though the property to be rezoned is not consistent with the Future Land Use Plan's designation of the property as a low density residential use. There are no homes in the neighborhood, which has remained empty of any redevelopment for years. • An "IL" Light Industrial District would allow uses that are compatible with the neighboring industrial users to the north and west abutting the abandoned residential subdivision. • The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment. Planning Commission Final Report Page 4 Planning Commission and Staff Recommendation: Approval of the change of zoning from the "RS -6" Single -Family 6 District, "ON" Office District and "RM -1" Multifamily 1 District to the "IL" Light Industrial District. Vote Results: For: Unanimous Opposed: 0 Abstained: 0 Absent: 0 Public Notification Number of Notices Mailed — 16 within 200 -foot notification area 5 outside notification area As of April 26, 2016: In Favor — 4 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\0416-03 Magellan Terminals Holdings, LP\Council Documents\Report - Magellan Terminals Holdings, LP.docx CG -2 CG -1 R y7371ACCESS ACC CN -1 UP RIVER FROM 0 Ili 37 RMP IH 37 FWY UP RIVER TO 1H 37 RMP pNt% 'QD 3 M CG - a - 411111/17 800 Feer CASE: 0416-03 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 CED Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial POD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family s 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 Horne Subject Properly Owners with FQ0' buffer 0 irr favor 4 Owners Within 200' ?ivied on x Owners altache•1 ownership labia JO opposition IH,37•FVVY IH 37 ACCESS ACC N Dare Create9414/2016 Prepered_ {ryeomyM Departmenrof DeFeloMen e Ices /-" ,' -+ LOCATION MAP City of Corpus Christi /lo MDDDO/2_ Go�p�s c�,,p,�� °//90 r;�_ : � �rtx �2. `'42016 ,� i05z 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 Case No.: 0416-03 Map No.: 9s PC Hearing Date: Proj.Mgr: Hearing Location: Citv Hall. Council Chambers, 1201 Leonard 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. Magellan Terminals Holdings, L.P. Contact Person : Michael C. Pearson Mailing Address. One Williams Center, OTC 9 City: Tulsa, OK State OK ziP 74172 Phone. ( ) E-mail: Cell ( ) 2. Property owner(s). Magellan Terminals Holdings, L.P. Contact Person : Michael C. Pearson Mailing Address One Williams Center, OTC 9 City.. Tulsa State OK zip 74172 Phone ( ) E-mail: Cell ( ) 3. Subject Property Address See Attached Sheet Area of Request (SFlacres} 209, 128 sf14.801Ac Current Zoning & Use ON & RS -6, VACANT Proposed Zoning & Use IL 12 -Digit Nueces County Tax ID: See ^__ Attached _____ Subdivision Name: Country Club Place See Attached List Block: Lot(s). Legal Description if not platted: N/A 4. Submittal Requirements: Date Held 01/'19/16 ; with City Staff Steven Rhea, Ratna Pottumutho, Bill Green ❑ Early Assistance Meeting: I] Land Use Statement IF APPLICABLE: of Interest ❑R Copy of Warranty Deed ❑ Disclosure is inconsistent exhibit • Peak Hour Trip Form (if request with Future Land Use Plan) • Site Plan for PUD or Special Permit ❑ Metes & Bounds Description with if property includes un -platted land (sealed by RPLS) 0 Lien Holder Authorization is not signing this form • Appointment of Agent Fomt if landowner I certify that I have provided the City of Corpus Christi with a complete application for review; that I am authorized to initiate this rezoning ��r�as or on behalf of the Property Owner(s); and the information provided is accurate. Owner Agent's Signature Appli is Signature ��r i 4 tSRCP t, 0 Owner or Agent's Printed Name Applicant's Printed Name !� 1 Office Use Only: Date RRee]ceived: 1- / _ 1 Lt7 O Received By: —Zy i --1 ADP: /OS Rezoning Fee: 1 109, . s + PUD Fee y� + Sign Fee I 0 , 0 f? = Total Fee � / 70U .7 .50 No. Signs Required 1 © $10/sign Sign Posting Date: ICIDEVELOPMENTSVCSISHARED1AND OEVELOPMENTWPPLICA110N FORMSIREZONINGI2ONING APPLICATION 2015.000 Form Revised 51112/2015 MAGELLAN TERMINALS HOLDINGS, L.P. 1, the undersigned, SUZANNE H. COSTIN, Secretary of Magellan NGL, LLC, a Delaware Iimited liability company (the "Company") and general partner of Magellan Terminals Holdings, L.P. (the "Partnership"), do hereby certify that Michael C. Pearson serves as Vice President of Technical Services of the Company and is authorized to execute contracts, applications for change in zoning, disclosure of interests and any other related documentation pertaining to property zoning in or near the City of Corpus Christi for and on behalf of the Company and the Partnership. IN WITNESS WHEREOF, I have hereunto set my hand this 8th day of April, 2015. Magellan Terminals Holdings, L.P. By: Magellan NGL, LLC, its general partner By:- - - AC01. u _ nne H. Costin Secretary (00047975.11 LOT ADDRESS TAX !axis LOT NO. 22 23 24 25 PORTION OF 26 PORTION OF 34 PORTION OF 35 36 37 38 39 40 PORTION OF 41 PORTION OF 42 PORTION OF 55 56 MAGELLAN TERMINAL HOLDINGS, LP COUNTRY CLUB PLACE REZONING DATA COUNTY TAX ID NO. 1913-0000-0220 1913-0000-0230 1913-0000-0240 1913-0000-0250 1913-0000-0260 1913-0000-0340 1913-0000-0350 1913-0000-0360 1913-0000-0370 1913-0000-0370 1913-0000-0390 1913-0000-0400 1913-0000-0410 1913-0000-0420 1913-0000-0540 1913-0000-0540 STREET ADDRESS 22 N. COUNTRY CLUB PLACE 23 N. COUNTRY CLUB PLACE 24 N. COUNTRY CLUB PLACE 25 N. COUNTRY CLUB PLACE 26 N. COUNTRY CLUB PLACE 34 N. COUNTRY CLUB PLACE 35 N. COUNTRY CLUB PLACE 36 N. COUNTRY CLUB PLACE 37 N. COUNTRY CLUB PLACE 37 N. COUNTRY CLUB PLACE 39 COUNTRY CLUB PLACE 39 COUNTRY CLUB PLACE 41 COUNTRY CLUB PLACE 42 COUNTRY CLUB PLACE 56 COUNTRY CLUB PLACE 56 COUNTRY CLUB PLACE 3/11/2016 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. The site is currently unused. There are two existing buildings on the entire area covered by this rezoning request. One, will be remodeled for office space. A second building, a metal one, will possibly be remodeled in the future for warehousing use. Most anticipated uses of the subject property will require light industrial (1L) zoning. 2. Identify the existing land uses adjoining the area of request: North - Petroleum Tank Farm South _ I.H. 37 R.O.W. East - Vacant West - Petroleum Tank Farm C:IUSER55TANYAR,000ADESKTOFIDAILY USE ANNIKAILAND USE STATEMENT FOR ZONING.DOC PEAK HOUR TRAFFIC (PHT) FORM Det elopment Services 2406 Leopard Street, Corpus Christi, TX 78408 Phone: (361)826-3240 v.wt; ,ectexas.com A Traffic Impact Analysis (TIA) determination must be made prior to the submittal of any rezoning application, site plan or street closure request. The Peak Hour Traffic Generation (PHT) Form is required to be completed for developments that are projected to contain 500 or fewer weekday peak hour (A.M. or P.M.) trips (UDC Section 3.29.4). Property Address: See attached list Legal Description (Subdivision, Lot, Block): See attached list Applicant Name: Magellan Terminals Holdings, LP, Address: One Williams Center, OTC 9 Telephone: City/State/Zip: Tulsa, OK 74171 Email: michael.pearson@magellanlp.com Application Status (Select One): ❑X Rezoning ❑ Site P1an❑Street Closure Existing Land Use Tract Acres Unit of Measure Zoning Land Use I.T.E. Code A.M. Trip Rate Peak A.M. Trips P.M. Trip Rate Peak P.M. Trips 4.801 Dwelling Unit (10) RS -6 9uildings on 1 lot 210 0 77 7.7 1.02 3.6 1000 sf (3 8k) IL Warehousing 150 0 32 1.2 0.32 1.2 7.7 -.Mil Proposed Land Use Tract Acres Unit of Measure Zoning Land Use I.T.E. Code A.M. Trip Rate Peak A.M. Tnps P.M. Trip Rale Peak P.M. Tnjs 4.801 1000 sf (2.4k) IL Office 710 1 56 3 7 1.49 3.6 1000 sf (3 8k) IL Warehousing 150 0 32 1.2 0.32 1.2 Total 4.9 Total 4.8 Abutting Streets Street Name Access Proposed To Street? Pavement Width (FT) ROW Width (FT) I.H. 37 Frontage Road (N. Bound) Existing 28 56 For City Use Only El A Traffic Impact Analysis I5 required. The consultant preparing the TIA must meet with ® the City to discuss the scope and requirements of the analysis prior to beginning the TIA. A Traffic Impact Analysis is NOT required. The proposed traffic generated does not ❑ exceed the established threshold. The Traffic Impact Analysis has been waived for the following reason(s): Reviewed By: Date: Note: This completed and review cd form must accompany any subsequent application for the IDENTICAL project. CHANGES to the proposed project will require a new TIA determination to be made. Version 1 0 (01:15) cf NAME: 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". Magellan Terminals Holdings, LP STREET: One Williams Center, OTC 9 CIN: Tulsa, OK Zip: 74172 FIRM is:OCorporation @Partnership °Sole Owner °Association @Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A 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 N/A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A 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 N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Michael C. Pearson Title: Vice Pres Technical Services (Print Name) Signature of Certifying Person: Date://////(ro KIDEVELOPMENTSVCSISHAREOLLAND DEVELOPMENTLAPPLICATION FORMS1REZONING4DISCLOSURE OF INTERESTS STATEMENT E.12.2015.DOC MURRAY BASS, JR., P.E.,R.P.L.S. NIxoN M. WELSH, P.E.,R.P.L.S. www.bass-we1sh.com e-mail: nixmw@aol.com BASS & WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi. TX 78466-6397 February 17, 2016 Field Note Description Rezoning 3054 S. ALAMEDA, ZIP 78404 361 882-5521-- FAX 361 882-1265 e-mail: murrayjr@aol.com Being three tracts situated in Corpus Christi, Nueces County, Texas, comprised of lots and portions of lots in Country Club Place Subdivision, as shown on the map thereof recorded in Volume 4 at Page 3 of the Map Records of Nueces County, Texas, and being more particularly as described in the following description: Tract No. 1 Comprised of Lots 22, 23, 24, 25, and that portion of Lot 26 lying outside of the right-of-way of Interstate Highway 37; BEGINNING at a point in the west boundary of Lot 26 where it is intersected by the north right-of-way line of Interstate Highway 37 for the southwest corner of this tract; THENCE N 23°10'15" E along the west boundary of Lots 26, 25, 24, 23 and 22 a distance of 457.14 to the northwest corner of Lot 22 for the northwest corner of this tract; THENCE S 54°11"16" E along the north boundary of Lot 22, a distance of 212.70 feet to a point in the east boundary of Lot 22, said point lying in the west boundary of the former North Country Club Place Street that was closed by Ordinance No. 028963 and retained as a utility easement, said point lying on a curve to the left; THENCE along said curve to the left whose radius is 149.46 feet in a southwesterly direction, a distance of 5.86 feet; said curve having a chord bearing S 31°03'41" W with a chord length of 5.86 feet to the point of tangency of said curve; THENCE S 26°49'47" W along the east boundary of Lots 22, 23, 24 and 25, a distance of 344.04 feet to a point of intersection with the north right-of-way line of Interstate Highway 37; THENCE N 85°13'22" W along the north right-of-way line of Interstate Highway 37 along the current south boundary of Lots 25 and 26 a distance of 194.73 feet to the POINT OF BEGINNING forming a tract embracing 1.812 acres. Tract No. 2 Comprised of Lots 36, 37, 38, 39, 40 and those portions of Lots 34, 35, 41 and 42 lying north of the north right- of-way line of Interstate Highway 37 in the Country Club Place Subdivision; BEGINNING at the intersection of the west boundary of Lot 34 with the north right-of-way line of Interstate Highway 37 for the southwest corner of this tract; THENCE N 26°57'01" E a distance of 312.00 feet to the point of curvature of a curve to the right; THENCE along said tangent curve to the right, whose radius is 98.94 feet in a northeasterly and southeasterly direction, a distance of 124.16 feet; said curve having a chord bearing N75°30'43"E with a chord length of 116.17' to the point of tangency of said curve; EXHIBIT "A" Page 1 of 2 THENCE along the north line of Lots 38 and 39, S 59°40'33" E a distance of 163.00 feet to the point of curvature of a curve to the right; THENCE along said tangent curve to the right whose radius is 92.58 feet in a southeasterly and southerly direction, a distance of 128.58 feet; said curve having a chord bearing S16°35'45"E with a chord length of 118.49' to the point of tangency of said curve; THENCE S 27°34'10" W along the east boundary of Lots 39, 40 and 41, and distance of 160.51 feet to a point where the east boundary of Lot 41 intersects the north right-of-way line of Interstate Highway 37; THENCE with the current south boundary of Lots 41, 42, 35 and 34 on the north boundary along the north right-of-way line of Interstate highway 37 as follows: S 58°42'55" W a distance of 17.45 feet to a point; N 84°08'19" W a distance of 80.27 feet to a point; N 86°12'26" W a distance of 238.63 feet to a point; THENCE N 52°58'18" W a distance of 26.63 feet to the POINT OF BEGINNING, forming a tract embracing 2.415 acres. Tract No. 3 Comprised of Lot 56 and that portion of Lot 55, lying north of the north right-of-way line of Interstate Highway 37; BEGINNING at the intersection of the west boundary of Lot 55 with the north right-of-way line of Interstate Highway 37 for the southwest corner of this tract; THENCE N 26°30'44" E along the west boundary of Lot 55 and 56 a distance of 100.68 feet to the point of curvature of a curve to the right; THENCE along said tangent curve to the right, whose radius is 99.58 feet said curve having a chord bearing of N69°54'02"E with a chord length of 118.25, in a northeasterly and southeasterly direction, a distance of 126.60 feet to the point of tangency of said curve; THENCE along the north boundary of Lot 56, S 60°19'30" E a distance of 83.37 feet to a point for the northeast corner of this tract; THENCE S 26°30'44" W along the east boundary of Lot 56 and 55 a distance of 122.98 feet to its intersection with the north right-of-way line of Interstate Highway 37 for the southeast corner of this tract; THENCE N 88°51'36" W along the south boundary of Lot 55 a distance of 148.67 feet to a point for an intermediate corner of this tract; THENCE continuing along the north right-of-way line of Interstate Highway 37, N 54°40'49" W a distance of 30.50 feet to the POINT OF BEGINNING forming a tract embracing 0.574 acres. rray Bass, +r., R.P.L.S. Note: Basis of Bearing is State of Texas Lambert Grid, South Zone, NAD 1983. MBJ:sab 15018 -Field Note-Rezoning.doc Page 2of2 5' PUBLIC UTIUTY EASEMENT VOL 206, PG. 412 VOL 195, PG. 273 VOL 198, PG. 324 D.R.N.C.T. CALLED 20' LANE VOL. 4, PG. 3 M.R.N.C.T. INDUSTRIAL DISTRICT NO. ONE CITGO REFINING AND CHEMICALS VOL 2142. PG. 803 D.R.N.C.T. e POINT OF BEGINNING RIGHT-OF-WAY 1 POINT OF COMMENCING RIGHT-OF-WAY 2 Y= 17.182.260.33' X = 1 326,338.14' LEGEND / / / LOT 24 LOT 25 RIGHT-OF-WAY 1 0.0498 ACRES LOT 22 LOT 23 14 O 518' IRON ROO SET WITH CAP STAMPED 'FRONTIER 10082900• ▪ 518' IRON ROD FOUND (UNLESS OTHERWISE NOTED) O CONCRETE MONUMENT FOUND Fl2t7AITIER SURVEYING COMPANY wNw)RON1ERSUFIWYPeledl 1.3 EXHIBIT A - PAGE 4 OF 4 LOT 16 KOCH REFINING COMPANY LP 30' PIPELINE EASEMENT DOC• NO. 1997020317 LOT 15 419 A. sir 0 4s LOT 34 N LOT 38 0.P.R.N C.T LOT 39 ser LOT 37 \ // N V5' PUBIC UTILITY OL 206, PG.412 A5EMENT D.R.N.C.T. LOT 40 \ COUNTRY CLUB PLACE VOL. 4. PG. 3 M.R.N.C.T, LOT 36 RIGHT-OF-WAY 2 0.0765 ACRES LOT35 Ler POINT OF BEGINNING RIGHT-OF-WAY 2 LINE MEAR4l0 079TANC3 11 N73. r715'E 1054- g2 545.13'20' 0 2.19 47 12 3sr0'21•w et 10' 14 Na7•rr1rw 19472 13 Nar0121•E 2402 Le 3 i Ir rrr 077 1? etr fr WE 75407 10 114'd711"E 2215• 1S 33r4755 w 1050' 110 Ne4.01F 111 0021 L11 NOr17.1e'W 23107 112 N3rSrirw Inns• 112 Nen 3720'W 14161 114 N34 N7 794w 17 a 119 3H•.1r')0•E 10017 LIB 32r1744•w 7107 T1a0UFfNO ST SWUM 710 WEST STA ST 5107710 CORPUSWa9T1 TEXAS 71401 • roar WORM. TEX0.531101 TeeLS FIRM I f 00290 rens fR41 NO. 10002931 P1•1014: 0011II1 •0044 • P1/ONE. II1F) 900.4'.10 KOCH REFINING COMPANY, L P. 30' PIPELINE EASEMENT DOC. NO. 1997020317 0.P.R.N.C.T. OT 12 LOT41 eel to LIS N LOT 14 LOT 13 LOT 56 RfGHT.OFCWAf 3 N."- 0.0364 ACRES LOT55 `r CUT SET e, 117 INTERSTATE 37 ACCESS ROAD (VARIABLE WIDTH R.O.W ) The undersigned hereby Candles That an on the ground survey was conducted order my direction and supervision that meets the minimum requirements set fain by the Texas Board of Professional Land Surveying. NOTES 1) Bearings shown are based on the Texas Coordinate System o11983, South Zone (CORS 2011 EPOCH 2010). 2) Distances shown are grid. 3) Sce separate pages for desaip8fons. Registered Professional Land Surveyor Allen W. Kerley R.P.L.S No 5427 / LOT 57 LOT 58 10 POINT OF BEGINNING RIGHT-OF•WAY3 Y=17182205.19' X = 1 327.223 93' a 50 100 LOT 12 200 LOT 11 RIGHT-OF-WAY RICHT—OF—WAY 1 0 0496 ACRES RIGHT—OF— WAY 2: 0 0765 ACRES RICHT—OF—WAY 3 0 0364 ACRES SITUATED IN THE E. VILLAREAL SURVEY, ABSTRACT NO, 1. NEAR THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS Jab Nundwr 1506013 Score Field 1761.. 10/20/2015 a,.1r.d bin. Field T.ch(a): CS/.)Ca cense Tech(.): 1' = 100 AWK CIJB 0re.An0 Dat.: 1 1/10/2015 R.vs.0 Dat.: 11 /19/2015 c:\Projects\2015\1506013 - Megailan - CC Witter 0531 - Maces \DMC\1506013 - CC Spatter OS& - ROO.des Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact s s ca the Development Services Department at least 48 hours in advance at (361) 826-3240. P ar'n ingac acidades. tieri R la irtt rl[ rr 3'istir td 'unto ue re: uFeren servidos esueciates, se les ,§ipliea que den aviso 43 hora antes d la unta Ilamando al ciet�a amenke de cervi los de desanrolto at nu (3611 82fr-32,10. 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 ustert desea dirigirse a la commission durante Is junta v su inches es timikado, favor de Hamar al deuariamento de $ervici4s die desarrollo al nL mero {361) 826-3240 al menos 48 hp -as antes de la juntapara solicitor cin irster re ke r n e Ia "unta" CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0416-03 Magellan Terminals Holdings, LP has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District, "ON" Office District and "RM -1" Multifamily 1 District to the "IL" Light Industrial District, resulting in a change to the Future Land Use Map from low density residential uses to light industrial uses. The property to be rezoned is described as Lots 22-26, 34-42 and 55-56, Country Club Place, located on the north side of Interstate Highway 37, between Up River Road and Poth Lane. 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. April 20, 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: Address: () IN FAVI REASON: t�--.( ) IN OPPOSITt APR 1 ?Oti6 DEVEL04- ; , , JtCES SPECIAL- 5U VICE'S SEE MAP ON REVEFjSE SIDE Property Owner ID: 8 I-fTE# 16-10000012 Q. City/State:IA Phone: 143- FID #'s 3, 5, 6,8 Properties owned by Magellan Terminals Holdings Case No. 0416-03 Project Manager: Dolores Wood AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of May 17, 2016 Second Reading for the City Council Meeting of May 24, 2016 DATE: April 26, 2016 TO: Ronald L. Olson, City Manager FROM: Daniel McGinn, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at 14102 Ambrosia Street CAPTION: Case No. 0316-06 Yun W. Hwang: A change of zoning from the "RM -3" Multifamily 3 District to the "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay. The property is described as Lot 1-B, Block 1, Padre Island No. 1, together with that portion of Estrada Drive (now closed), adjacent to said Lot 1-B, Block 1, Padre Island No. 1, located on the north side of Ambrosia Street between Scallop Street and Indigo Street. PURPOSE: The purpose of this item is to rezone the property to allow construction of a townhouse development. RECOMMENDATION: Approval of the change of zoning from "RM -3" Multifamily 3 District to the "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay subject to the following conditions: 1.) Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with the Island Bay Townhomes, Padre Island No. 1 Planned Unit Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of four townhouse units and common area amenities and shall be constructed in one phase. 2.) Dwelling Units per Acre: The density of dwelling units on the Property shall not exceed 17.4 dwelling units per acre. 3.) Building Height: The maximum height of any structure on the Property is 30 feet. 4.) Parking: The property must have a minimum of 10 standard parking spaces (9 feet wide by 18 feet long). Parking is prohibited within the private -street and pedestrian walkways. Two parking spaces within each private garage shall be made available at all times and shall not be impeded with personal storage. 5.) Setbacks and Lot Width: Minimum three-foot wide front yard setbacks shall be provided for each lot along the private street. Minimum rear yard setbacks for all lots shall be five feet. Minimum width for townhouse lots shall be 33 feet. 6.) Open Space: The Property must maintain a minimum of 18.26% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 7.) Private Street Access: The two-way private access drive shall not be less than 20 feet and shall be striped to indicate "Fire Lane/No Parking." 8.) Pedestrian Access: A minimum six-foot wide sidewalk shall be constructed along one side of the private street. 9.) Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. Vote Results: For: 7 Against: 2 Absent: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from "RM -3" Multifamily 3 District to the "RS-TH" Townhouse District with a Planned Unit Development Overlay to allow construction of a townhouse development. The subject property is located within the boundaries of the Mustang Padre Island Area Development Plan (ADP). This PUD utilizes decreased lot sizes, decreased front yards, decreased open space requirement and, decreased street width, while reducing building height, and meeting the rear yard and parking requirements. Staff finds that the proposed deviations are acceptable. The rezoning is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the rezoning and would not have a negative impact on the surrounding neighborhood. ALTERNATIVES: 1. Modify the conditions of the Planned Unit Development; 2. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Mustang Padre Island Area Development Plan (ADP). The proposed rezoning to the "RS-TH/PUD" Townhouse District with a Planned Unit Overlay is consistent with the Mustang Padre Island Area Development Plan but not consistent with the Future Land Use Map designation of the property as low density residential. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 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 Yun W. Hwang ("Owner"), by changing the UDC Zoning Map in reference to Lot 1-B, Block 1, Padre Island No. 1, together with that portion of Estrada Drive (now closed), adjacent to said Lot 1-B, Block 1, Padre Island No. 1, from the "RM -3" Multifamily 3 District to the "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay, 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 Yun W. Hwang ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, April 6, 2016, and again on Wednesday, April 20, 2016, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the "RM -3" Multifamily 3 District to the "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay, and on Tuesday, May 17, 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 by Yun W. Hwang ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lot 1-B, Block 1, Padre Island No. 1, together with that portion of Estrada Drive (now closed), adjacent to said Lot 1-B, Block 1, Padre Island No. 1, located on the north side of Ambrosia Street between Scallop Street and Indigo Street (the "Property"), from the "RM -3" Multifamily 3 District to the "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay (Zoning Map No.029028), as shown in Exhibits "A" and "B". Exhibit A, which is a map of the Property, and Exhibit B, which is the Island Bay Townhomes, Padre Island No. 1 Planned Unit Development (PUD) Guidelines for the Property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner meeting the requirements of Exhibit B and the following conditions: 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with the Island Bay Townhomes, Padre Island No. 1 Planned Unit Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of four townhouse units and common area amenities and shall be constructed in one phase. 2. Dwelling Units per Acre: The density of dwelling units on the Property shall not exceed 17.4 dwelling units per acre. 3. Building Height: The maximum height of any structure on the Property is 30 feet. 4. Parking: The property must have a minimum of 10 standard parking spaces (9 feet wide by 18 feet long). Parking is prohibited within the private -street and pedestrian walkways. Two parking spaces within each private garage shall be made available at all times and shall not be impeded with personal storage. 5. Setbacks and Lot Width: Minimum 3 -foot wide front yard setbacks shall be provided for each lot along the private street. Minimum rear yard setbacks for all lots shall be five feet. Minimum width for townhouse lots shall be 33 feet. 6. Open Space: The Property must maintain a minimum of 18.26% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 7. Private Street Access: The two-way private access drive shall not be less than 20 feet and shall be striped to indicate "Fire Lane/No Parking." 8. Pedestrian Access: A minimum six-foot wide sidewalk shall be constructed along one side of the private street. 9. Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. The City's Future Land Use Map, an element of the Comprehensive Plan, is amended to designate the Property for medium density residential land uses. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the City's official publication as required by the City's Charter. Page 2 of 3 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance - Island Bay Townhomes Page 3 of 3 N SUBJEC PROPERTY O 800 Feet FR I0 Date Created33/21/2016 Pre,pled By: JeremyM Dem pante efiY•6f Develoffment Services o CASE: 0316-06 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 No SUBJECT PROPERTY LOCATION MAP ilk City of Corpus Christi Exhibit A Planned Unit Development for: Island Bay Townhomes, Padre Island No. 1 Padre Island, Corpus Christi, Texas Mr. Yun-wone Hwang, Owner Submitted By: TexasGeoTech Engineering & Land Surveying, Inc. TexasGeoTech ENGINEERING & LAND SURVEYING, INC. Exhibit B Table of Contents Location Map 2 General Information 3 Current/Adjacent/Proposed Zoning 4 Property Description 5 Deviations Table for Island Bay Townhomes P.U.D. 6 Development Guidelines for island Bay Townhomes P.U.D. 7 Lot Layout Open Space Layout Vehicular and Pedestrian Access Master Site Plan, Island Bay Townhomes P.U.D. Location Map 8 9 10-11 12 2 Exhibit B General Information The proposed Planned Unit Development (P.U.D.) falls within the area of the City included in the Mustang -Padre Island Area Development Plan. Existing and future land uses within the area include undeveloped properties, single family and two family residential use, townhouse, condominium, and apartment uses, and various neighborhood and medium density commercial uses. Development of most property within the area must meet the "Island Overlay" building standards in addition to the the City's standard development codes. The Island Bay Townhomes Planned Unit Development provides for the platting and development of Lot 1-B, Block 1 of the Padre Island No. 1 Subdivision and the adjoining tract of land resulting from the closing of a section of Estrada Drive. The total area of the property is approximately 10,056 square feet. The P.U.D. includes four adjoining townhome units or lots, resulting in a dwelling unit density of approximately 17.4 units per acre. Two common area lots are also included to allow for green space, and another lot is dedicated as a private vehicular and pedestrian access easement to the proposed townhome units. The access easement also serves as a utility easement for water and wastewater service to the development. The townhome units proposed are two story, with a portion of each of the first floor areas designed as a two car garage. The remaining portion of the first floor and the second floor are designed as living space. The townhome units as designed provide for an average of about 1,100 square feet of enclosed space per floor. 3 Exhibit B Current/Adjacent/Proposed Zoning The property included within the proposed P.U.D. is currently zoned for residential two family use (RM -3). Properties surrounding the proposed P.U.D. are currently zoned two family residential (RS -TF) to the west, single family residential (RS -6) to the south, townhome planned unit development (RS-TH/PUD) to the east, and general business district (CR -2) to the north. Re -zoning to RS-TH/PUD will result in a use type and density comparable to the adjoining properties to the east and west, and will provide for a transitional use between the single family residential use to the south and the commercial use to the north. 4 Exhibit B Property Description Lot 1-B, Block 1. Padre island No. 1, as shown on the Map or Plat recorded in Volume 13, Pages 1-8, Map Records Nueces County Texas, together with that portion of Estrada Drive (now closed) adjacent to said Lot 1-B by Commissioner's Court Minutes for September 10th, 1968 recorded Volume 15, Page 376, Commissioners records Nueces County Texas. 5 Exhibit B Deviations Table for Island Bay Townhomes P.U.D. Standard UDC Requirement (Section 4.4.3.A) Island Bay Townhomes Min Site Area (sq.ft.) 20,000 10,053.94 Min. Area per dwelling, Front Access (sq.ft.) 2,600 1,990 Min. Dwelling Unit Width (ft.) Front Access 26 33 Min. Yard (ft.) Street 10 3' Kingfish Drive Min. Yard (ft.) Side (single) 0 0 Min. Yard (ft.) Side (total) 0 0 Min. Yard (ft.) Rear 5 5 Min. Building Separation (ft.) 10 0 Min. Open Space 30% 18.26 % ** Max. Height (ft.) 45 30 Parking Requirement (7.2.2.6) 2.2 spaces/unit 2 per unit + 2 guest (10 total) Sidewalks (8.2.1.6) 4' on both sides of street 6' on one side of street Unit Density (unit/acres) N/A 17.4 Overnight Accomodation N/A No Building Site may be leased or rented for less than 30 days. Per Article IX, Section 11.12 of the Declarction of Covenants, Conditions and Restrictions for Island Bay Townhomes Street Section Width (8.2.1.6) 28' 20' Open space area deficiency has been compensated for by including common area amenities such as the designated dog run area, permanent park bench, and permanent picnic table, as well as by providing higher landscaping value to the common areas than that required for the development. 6 Development Guidelines for the Island Bay Townhomes P.U.D. Residential Lots 1R through 4R, Block 1 1. Usage 2. Lot size 3. Lot width 4. Front yard requirement Single Family Residential, Townhome Minimum 1,270 s.f. Maximum 1,410 s.f. Minimum 33.17 ft. Maximum 33.17 ft. Kingfish Dr. 3 ft. 5. Rear yard requirement 5 ft. 6. Building height 2 stories required and maximum, 30 ft. roof peak 7. Building area (both floors combined) Minimum 1,990 s.f. Maximum 2,200 s.f. S. Parking requirements 2 parking spaces per unit, plus 2 common guest spaces 9. Improvements All construction is to meet Island Overlay requirements. structures and appurtenances shall not extend beyond applicable yard, easement, or lot lines. 10. Maintenance Maintenance, repair, and replacement of all improvements within the residential lots 1R, 2R, 3R, and 4R shall be the responsibility of the respective lot owner. Common Area Lots 6R and 7R, Block 1 1. Use 2. Maintenance Private Access and Utility Easement 1. Use 2. Parking 3. Maintenance Non -buildable Tots. Dedicated for use as green areas with amenities such as picnic tables, etc. Use of area immediately adjacent to Lot 4 as a dog run is permissible with approval of Home Owner's Association Maintenance, repair, and replacement of any Improvements or amenities within the common areas shall be the responsibility of the Horne Owner's Association. Non -buildable lot. Areas to be used for private vehicular access drive, guest parking, pedestrian access sidewalk, and utility services. Parking to be allowed in designated spaces only. Guest parking is to be clearly marked. Maintenance, repair, and replacement of improvements within the access and utility easements shall be the responsibility of the Home Owner's Association. 7 Exhibit B Lot Layout for Island Bay Townhomes P.U.D. Legend: Lot 1—Townhome Unit Lot 2 — Townhome Unit Lot 3 — Townhome Unit Lot 4 — Townhome Unit Lot 5 — Access and Utility Easement Lot 6 — Common Area Lot 7 — Common Area 8 Exhibit B Open Space Layout for Island Bay Townhomes P.U.D. Open Space Calculation: Total Property Area = 10,053.94 sq. ft. Lot 6 = 906.81 Sq. Ft. Lot 7 = 167.44 Sq. Ft. Rear Yards = 662.14 Sq. Ft. Front Yards = 99.51 Sq. Ft. Total Open Space = 1,835.90 sq. ft. = 18.26 % 9 Exhibit B Vehicular, Emergency Vehical and Pedestrian Acccess for Island Bay Townhomes P.U.D. Vehicular, Emergency Vehical and pedestrian access for the four townhome lots and adjoining common space lots will be provided by a 20 foot width private access drive and adjoining 6 foot width sidewalk. The private access drive is less than 150 feet in length, and connects directly to Ambrosia Street. The entrance to the development will not be gated. Parking within the development will be limited to the garage spaces included within each townhome unit, as well as the 2 exterior common guest parking spaces. Typical Cross Section Y Y w Q < Iw 1 m m iz i J ww I,- CC i Y II -- W I w EL 1 CC I ACCESS & UTILITY o — Ice ID_ EASEMENT v> �Iw 6 20' PRIVATE DRIVE Z } 0 cze 20, 0' ENCLOSED GARAGE 7--2ROLL CURE 2% SLOPE 6' CONCRETE PAVEMENT W/#4 REBAR AT 12' O.CE.V. 2% SLOPE EDGE ❑F SI DEALK BUILDING LINE \\-6' CDNC. SIDEWALK 6' COMPACTED SUDGRADE (95% MDDIEIED PROCTOR DENSITY) CROSS SECTION NOT TO SCALE 10 Exhibit B Parking Requirements NOTE: REQUIRED SPACES = 2.2 J LOT = 8.8 PROVIDED SPACES DENOTED O = 8 SPACES 02 = 2 SPACES TOTAL = 10 SPACES • i•''.. • • of, ...•i . • ••• . ' •• t • •, •�P' A* '/'• 3 'e1 f- . , is .4 • a , • • I.•• 1 .,• ,•' 4,4/ s r •- '�', + CYT ,e'" aelu", f"�1 s/% ' 4 a 444 •i. "fir.. • •'•r`• ©'Q�'P I� • • • • • • 20' PRIVATE - --- ACCESS DRIVE (SEE CROSS SECTION) 6' SIDEWALK —` • • • • f . 1 s' • • • •• • 18'—O" 20'-0" • GUEST PARKING 18`--0` GARAGE PARKING 11 Exhibit B Aerial Overview Vicinity Map 1 Aerial Master Site Plan • M" 20' PRIVATE ACCESS DRIVE (SEE CROSS SECTION) 3 Conditions 1. Planned Unit Development Guidelines and Master Site Plan: • Stipulate how development will occur • Four townhouse units and common area amenities • Constructed in one phase. 2. Dwelling Units per Acre: Maximum density of 17.4 dwelling units per acre. 3. Building Height: 30 feet. Conditions 4. Parking: • 10 standard parking spaces. • Parking is prohibited along the private -street. • Two parking spaces within each private garage. 5. Setbacks and Lot Width: • Minimum 3 -foot wide front yards • Minimum 5 -foot rear yards • Minimum 33 -foot lot widths Conditions 6. Open Space: • 18.26% minimum. • Pervious material required within open space. 7. Private Street Access: • 20 -foot width • Striped to indicate "Fire Lane/No Parking" 8. Pedestrian Access: • Six-foot wide sidewalk along one side of the private street Conditions 9. Time Limit: 24 months PLANNING COMMISSION FINAL REPORT Case No. 0316-06 HTE No. 15-10000057 Planning Commission Hearing Date: April 20, 2016 (Tabled from April 6, 2016) Applicant & Legal Description Applicant/Owner: Yun-W. Hwang Representative: Robert Cardenas Legal Description/Location: Lot 1-B, Block 1, Padre Island No. 1, together with that portion of Estrada Drive (now closed), adjacent to said Lot 1-B, Block 1, Padre Island No. 1, located on the north side of Ambrosia Street between Scallop Street and Indigo Street. Zoning Request From: "RM -3" Multifamily 3 District To: "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay Area: 0.23 acres Purpose of Request: To allow construction of a townhouse development. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RM -3" Multifamily 3 Vacant Low Density Residential North "CR-2/IO" Resort Commercial with an Island Overlay Commercial and Vacant Tourist South "RS -6" Single -Family 6 Low Density Residential and Vacant Low Density Residential East "RS-TH/PUD" Townhouse with a Planned Unit Development Overlay Medium Density Residential Medium Density Residential West "RS -TF" Two -Family Medium Density Residential Low Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Mustang -Padre Island Area Development Plan and is planned for low density uses. The proposed rezoning to the "RS-TH/PUD" Townhouse District with a Planned Unit Overlay is not consistent with the adopted Future Land Use Map, but consistent with the Mustang -Padre Island Area Development Plan. Map No.: 029028 Zoning Violations: None Planning Commission Final Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 60 feet of street frontage along Ambrosia Street, which is a Local Residential street. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Ambrosia Street Local Residential 50' ROW 28' paved 55' ROW 25' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RM -3" Multifamily 3 District to the "RS-TH" Townhouse District with a Planned Unit Development Overlay to allow construction of a townhouse development. Development Plan: The applicant is proposing to develop four adjoining townhome units resulting in a dwelling unit density of approximately 17.4 units per acre. Two common area lots are included for open space. The development is proposed to be served by an access easement which will also include utility easements to serve the proposed development. The townhome units are proposed to be two-story with a portion of each of the first floor areas designed as a two -car garage. Each townhome unit will provide for an average of approximately 1,100 square feet of living space per story. Minimum Dimensions "RS-TH" District Standards Proposed PUD Deviation Lot Area 20,000 SF 10,053.94 SF Yes Minimum Lot Width 26 33 ft. No Front Yard 10 ft. 3 ft. Yes Side Yard 0 ft. 0 ft. No Rear Yard 5 ft. 5 ft. No Building Separation 10 ft. N/A No Open Space 30% 18.26% Yes Maximum Height 45 ft. 30 ft. No Paved Street Width 28 ft. 20 ft. Yes Curb Type 6 -in. curb & gutter None Yes Parking Requirement 1.5/ unit(1 bedroom) 2/ unit (2 bedroom) 1/5 units (guests) 1.5/ unit(1 bedroom) 2/ unit (2 bedroom) 1/5 units (guests) No Sidewalks 5 ft. on both sides or 6 ft. on both sides of private street 6 ft. on one side of private street No Planning Commission Final Staff Report Page 3 Existing Land Uses & Zoning: The subject property is zoned "RM -3" Multifamily 3 and is vacant land. North of the property is zoned "CR-2/IO" Resort Commercial with an Island Overlay and consists of commercial uses and vacant land. South is zoned "RS - 6" Single -Family and consists of low density residential uses and vacant land. The east and west properties consist of medium density residential uses and are zoned "RS -TF" Two -Family to the west and "RS-TH/PUD" to the east. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property must be replatted in accordance with the PUD. Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Mustang Padre Island Area Development Plan (ADP). The proposed rezoning to the "RS-TH/PUD" Townhouse District with a Planned Unit Overlay is consistent with the Mustang Padre Island Area Development Plan but not consistent with the Future Land Use Map designation of the property as low density residential. Additionally, the following are pertinent elements of the Comprehensive Plan and should be considered: • Planned Unit Development and other creative land planning techniques should be encouraged (Residential Policy Statement K). • Tourist -oriented business and development will continue to be encouraged and promoted by all agencies of the City as illustrated on the Future Land Use Map. This includes commercial ventures, condominiums and resorts, fishing and outdoor recreation facilities, and recreational vehicle parks (Policy Statement B.2). • The City will continue to protect residential neighborhoods from encroachment of non-residential uses unless the negative effects of the non-residential uses are eliminated or significantly mitigated (Policy Statement B.13). Department Comments: • The proposed rezoning is consistent with the Comprehensive Plan and the Review Criteria for a PUD rezoning set forth in the UDC. • The development is in harmony with the character of the surrounding area. • The development offers an alternative in housing types. • The development as proposed is orderly with respect to the area and community. • The development has a plan for the separation of vehicular and pedestrian traffic. • The development will include the timely provision of utilities, facilities and services. • The proposed rezoning is compatible with the present zoning and conforming uses of nearby properties and to the character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • The subject property is suitable for the uses proposed by this rezoning. • This PUD utilizes decreased lot sizes, decreased front yards, decreased open space requirement and, decreased street width, while reducing building height, and meeting the rear yard and parking requirements. Planning Commission Final Report Page 4 • Infill development should be encouraged at this site. PUDs allow flexibility for attractive, efficient design and can often reduce infrastructure installation and maintenance costs to the city. PUDs can encourage development on difficult sites. • Staff finds that the proposed deviations are acceptable. • The subject property is located in a "Vinyl Not Allowed" area. Planning Commission and Staff Recommendation: Approval of the change of zoning from "RM -3" Multifamily 3 District to the "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay with the following conditions: 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with the Island Bay Townhomes, Padre Island No. 1 Planned Unit Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of four townhouse units and common area amenities and shall be constructed in one phase. 2. Dwelling Units per Acre: The density of dwelling units on the Property shall not exceed 17.4 dwelling units per acre. 3. Building Height: The maximum height of any structure on the Property is 30 feet. 4. Parking: The property must have a minimum of 10 standard parking spaces (9 feet wide by 18 feet long). Parking is prohibited within the private -street and pedestrian walkways. Two parking spaces within each private garage shall be made available at all times and shall not be impeded with personal storage. 5. Setbacks and Lot Width: Minimum 3 -foot wide front yard setbacks shall be provided for each lot along the private street. Minimum rear yard setbacks for all lots shall be five feet. Minimum width for townhouse lots shall be 33 feet. 6. Open Space: The Property must maintain a minimum of 18.26% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 7. Private Street Access: The two-way private access drive shall not be less than 20 feet and shall be striped to indicate "Fire Lane/No Parking." 8. Pedestrian Access: A minimum six-foot wide sidewalk shall be constructed along one side of the private street. 9. Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. Planning Commission Final Staff Report Page 5 Vote Results: For: 7 Against: 2 Absent: 0 Public Notification Number of Notices Mailed — 26 within 200 -foot notification area 5 outside notification area As of April 26, 2016: In Favor — 2 inside notification area — 0 outside notification area In Opposition — 4 inside notification area — 6 outside notification area via petition Totaling 9.57% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Island Bay Townhomes, Padre Island No. 1 Planned Unit Development (PUD) Guidelines and Master Site Plan. 3. Application 4. Public Comments Received (if any) N SUBJEC PROPERTY O 800 Feet FR I0 Date Created33/21/2016 Pre,pled By: JeremyM Dem pante efiY•6f Develoffment Services o CASE: 0316-06 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 No SUBJECT PROPERTY LOCATION MAP ilk City of Corpus Christi Planned Unit Development for: Island Bay Townhomes, Padre Island No. 1 Padre Island, Corpus Christi, Texas Mr. Yun-wone Hwang, Owner Submitted By: TexasGeoTech Engineering & Land Surveying, Inc. TexasGeoTech ENGINEERING & LAND SURVEYING, INC. Table of Contents Location Map 2 General Information 3 Current/Adjacent/Proposed Zoning 4 Property Description 5 Deviations Table for Island Bay Townhomes P.U.D. 6 Development Guidelines for island Bay Townhomes P.U.D. 7 Lot Layout Open Space Layout Vehicular and Pedestrian Access Master Site Plan, Island Bay Townhomes P.U.D. Location Map 8 9 10-11 12 2 General Information The proposed Planned Unit Development (P.U.D.) falls within the area of the City included in the Mustang -Padre Island Area Development Plan. Existing and future land uses within the area include undeveloped properties, single family and two family residential use, townhouse, condominium, and apartment uses, and various neighborhood and medium density commercial uses. Development of most property within the area must meet the "Island Overlay" building standards in addition to the the City's standard development codes. The Island Bay Townhomes Planned Unit Development provides for the platting and development of Lot 1-B, Block 1 of the Padre Island No. 1 Subdivision and the adjoining tract of land resulting from the closing of a section of Estrada Drive. The total area of the property is approximately 10,056 square feet. The P.U.D. includes four adjoining townhome units or lots, resulting in a dwelling unit density of approximately 17.4 units per acre. Two common area lots are also included to allow for green space, and another lot is dedicated as a private vehicular and pedestrian access easement to the proposed townhome units. The access easement also serves as a utility easement for water and wastewater service to the development. The townhome units proposed are two story, with a portion of each of the first floor areas designed as a two car garage. The remaining portion of the first floor and the second floor are designed as living space. The townhome units as designed provide for an average of about 1,100 square feet of enclosed space per floor. 3 Current/Adjacent/Proposed Zoning The property included within the proposed P.U.D. is currently zoned for residential two family use (RM -3). Properties surrounding the proposed P.U.D. are currently zoned two family residential (RS -TF) to the west, single family residential (RS -6) to the south, townhome planned unit development (RS-TH/PUD) to the east, and general business district (CR -2) to the north. Re -zoning to RS-TH/PUD will result in a use type and density comparable to the adjoining properties to the east and west, and will provide for a transitional use between the single family residential use to the south and the commercial use to the north. 4 Property Description Lot 1-B, Block 1. Padre island No. 1, as shown on the Map or Plat recorded in Volume 13, Pages 1-8, Map Records Nueces County Texas, together with that portion of Estrada Drive (now closed) adjacent to said Lot 1-B by Commissioner's Court Minutes for September 10th, 1968 recorded Volume 15, Page 376, Commissioners records Nueces County Texas. 5 Deviations Table for Island Bay Townhomes P.U.D. Standard UDC Requirement (Section 4.4.3.A) Island Bay Townhomes Min Site Area (sq.ft.) 20,000 10,053.94 Min. Area per dwelling, Front Access (sq.ft.) 2,600 1,990 Min. Dwelling Unit Width (ft.) Front Access 26 33 Min. Yard (ft.) Street 10 3' Kingfish Drive Min. Yard (ft.) Side (single) 0 0 Min. Yard (ft.) Side (total) 0 0 Min. Yard (ft.) Rear 5 5 Min. Building Separation (ft.) 10 0 Min. Open Space 30% 18.26 % ** Max. Height (ft.) 45 30 Parking Requirement (7.2.2.6) 2.2 spaces/unit 2 per unit + 2 guest (10 total) Sidewalks (8.2.1.6) 4' on both sides of street 6' on one side of street Unit Density (unit/acres) N/A 17.4 Overnight Accomodation N/A No Building Site may be leased or rented for less than 30 days. Per Article IX, Section 11.12 of the Declarction of Covenants, Conditions and Restrictions for Island Bay Townhomes Street Section Width (8.2.1.6) 28' 20' Open space area deficiency has been compensated for by including common area amenities such as the designated dog run area, permanent park bench, and permanent picnic table, as well as by providing higher landscaping value to the common areas than that required for the development. 6 Development Guidelines for the Island Bay Townhomes P.U.D. Residential Lots 1R through 4R, Block 1 1. Usage 2. Lot size 3. Lot width 4. Front yard requirement Single Family Residential, Townhome Minimum 1,270 s.f. Maximum 1,410 s.f. Minimum 33.17 ft. Maximum 33.17 ft. Kingfish Dr. 3 ft. 5. Rear yard requirement 5 ft. 6. Building height 2 stories required and maximum, 30 ft. roof peak 7. Building area (both floors combined) Minimum 1,990 s.f. Maximum 2,200 s.f. S. Parking requirements 2 parking spaces per unit, plus 2 common guest spaces 9. Improvements All construction is to meet Island Overlay requirements. structures and appurtenances shall not extend beyond applicable yard, easement, or lot lines. 10. Maintenance Maintenance, repair, and replacement of all improvements within the residential lots 1R, 2R, 3R, and 4R shall be the responsibility of the respective lot owner. Common Area Lots 6R and 7R, Block 1 1. Use 2. Maintenance Private Access and Utility Easement 1. Use 2. Parking 3. Maintenance Non -buildable Tots. Dedicated for use as green areas with amenities such as picnic tables, etc. Use of area immediately adjacent to Lot 4 as a dog run is permissible with approval of Home Owner's Association Maintenance, repair, and replacement of any Improvements or amenities within the common areas shall be the responsibility of the Horne Owner's Association. Non -buildable lot. Areas to be used for private vehicular access drive, guest parking, pedestrian access sidewalk, and utility services. Parking to be allowed in designated spaces only. Guest parking is to be clearly marked. Maintenance, repair, and replacement of improvements within the access and utility easements shall be the responsibility of the Home Owner's Association. 7 Lot Layout for Island Bay Townhomes P.U.D. Legend: Lot 1—Townhome Unit Lot 2 — Townhome Unit Lot 3 — Townhome Unit Lot 4 — Townhome Unit Lot 5 — Access and Utility Easement Lot 6 — Common Area Lot 7 — Common Area 8 Open Space Layout for Island Bay Townhomes P.U.D. Open Space Calculation: Total Property Area = 10,053.94 sq. ft. Lot 6 = 906.81 Sq. Ft. Lot 7 = 167.44 Sq. Ft. Rear Yards = 662.14 Sq. Ft. Front Yards = 99.51 Sq. Ft. Total Open Space = 1,835.90 sq. ft. = 18.26 % 9 Vehicular, Emergency Vehical and Pedestrian Acccess for Island Bay Townhomes P.U.D. Vehicular, Emergency Vehical and pedestrian access for the four townhome lots and adjoining common space lots will be provided by a 20 foot width private access drive and adjoining 6 foot width sidewalk. The private access drive is less than 150 feet in length, and connects directly to Ambrosia Street. The entrance to the development will not be gated. Parking within the development will be limited to the garage spaces included within each townhome unit, as well as the 2 exterior common guest parking spaces. Typical Cross Section Y Y wI Q < IW i CO m iz i jJ B CC i Y ICC W I w EL 1 CC I ACCESS & UTILITY o — Ice ID_ EASEMENT v> �I0_ 6 20' PRIVATE DRIVE Z } 0 cze 20, Cr ENCLOSED GARAGE 7--2ROLL CURE 2% SLOPE 6' CONCRETE PAVEMENT W/#4 REBAR ET 12' O.CE.W. 2% SLOPE EDGE ❑F SI DEALK BUILDING LINE \\-6' CDNC. SIDEWALK 6' COMPACTED SUDGRADE (95% MDDIEIED PROCTOR DENSITY) CROSS SECTION NUT TO SCALE 10 Parking Requirements NOTE: REQUIRED SPACES = 2.2 J LOT = 8.8 PROVIDED SPACES DENOTED = 8 SPACES 02 = 2 SPACES TOTAL = 10 SPACES 'L" . ` • • t if mss. •. i > =i till • . ' it • • 1 • • A \' - • %: (4- 20` PRIVATE — ----- 1 ACCESS DRIVE (SEE CROSS SECTION) • • r • • • • • I f r � gib • • • • 6' SIDEWALK —` s • •a • 18'—O" r 20'-0" 9'— GUEST PARKING 18`--0` 11 GARAGE PARKING Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street REZONING APPLICATION O Case No.: 0316-06 Map No.: 029028 PC Hearing Date: 4/6/16 Proj.Mgr: Hearing Location: Citv Half, Council Chambers, 1201 Leopard Street Hearing Time: 5:30 p.m. "` A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING. * INCOfvMPLETE APPLICATIONS WILL NOT BE ACCEPTED. Applicant: *YU •-UPO E` ` J a/ Mailing Address: r .5-UZr T # Io 3 City: ' E-mail: Contact Person : t , N-1AI6iL L n W ANC, jbJr737-c2//p9 Phone: (3 6/ ) - cit ofd-- ea: Rd-CeII: (36) ) PropertyOwner(s): U -WON Z I 1117 a_ Mailing Address: IS ' SST 4V./ 03 City: CO rru 4 c...A State:75z ZIP: V/.}/� Phone: (> 6( '-99)/ E-mail: / Cell: ( ) Contact Person : yl m 1 Subject Property Address: j tit to Z. /1- rn ,, 2 /)4, ; >4 S Area of Request (SF/acres):. Z , AC /j u c 5 6 Current Zoning & Use: lm 3 Proposed Zoning & Use: - `jam PO 15 12 -Digit Nueces County Tax ID: C� 1 a s- 0 is 0 1- G I Z j / Subdivision Name: Pio h kiLL2 s Kt o 1 Legal Description if not platted: \2 L, 1? -3 / 174 Z R 11 Block: l Lot(s): I 5 . Submittal Requirements: agariy Assistance Meeting: Date Held in -9- f ; with City Staff S rang 04 f -2_ (-1.a A at -and Use Statement OT3isclosure of Interest aCopy of Warranty Deed IF APPLICABLE: I PFAeak Hour Trip Form (if request is inconsistent with Future Land Use Plan) ❑ Site Plan for PUD or Special Permit ❑ M t s ttnds Description with exhibit if property includes un -platted land (sealed by RPLS)klfr] Lien Holder Authorization [KAppointinent of Agent Form if landowner is not signing this form certify that I have provided the City of Corpus Christi with a complete application for review; that I am authorized to initiate this rezoning as If of the Property Owner(s); and the inforn . it` ,, vided is accurate Ownegent's Signature U--k?0NE HI4N�� Owner or Agent's Printed Name Applic. rgnature Applica 'ssPrinfed Nam'° V G 129 Office Use Only: Date Received: 9/18/15 Received By: ADP: MPI Rezoning Fee: 1 107 51) + PUD Fee 542.00 + Sign Fee 10.00 = Total Fee 1659.50 No. Signs Required 1 @ $10/sign Sign Posting Date: K:IDEVELOFrdET T SVCS : HSREDILAND DEVELOPMENTAPFtICATION FOPMS\R;.ZONSNCZONING APPLICATION 2015.D OC Form Revised 5/12,2015 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: Tt=x41SG-7 ,5 /. Gz,'c>iNEE12/1.4 67 Lr►,ai SvRvg.Y/N• Mailing Address: 52,-2.,-7 5. ,S-rA. Pc..rr Sr. . Su g• [3 : City: Co Aro a. &re, ' State: Ilk Zip: SFr I Home Phone: ( ) Business Phone: ( ;t,) ) 417.--060E1 Cell: (; r,) ) U-,1, - 34 ct 1 I acknowledge and affirm that I will be legally bound by the words and acts of my agent, and by my signature below, I 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 inc. I 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 I will have to personally participate in the disposition of the application. I 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 act in reliance upon my agent's words and actions from ail 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 I have the legal author' to make this binding appointment on behalf of the entity, and every reference herein to "I", "my", or " e" s a referen.. • the entity. *Signature of Agent: Printed/Typed Name of A z ent: Q-OR ‘,"*Signature of Property Owner: Title:12-iS D afr fa A- S Date: 5//61//_6- PrintedlTyped Name of Propel Avner: {j Title: C L ' JJ E Hioilv Date: Z__l_sp,0_,,e__Le .,--*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 he signed by the individual applicant, each partner of a partnership, or by an authorized officer of a corporation or association. b.W.Brow+m APPO1NTMENT OF AGENT'-IQ-09.doc 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 buildings)/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. The purpose of this request is to change the zoning of this property from RM -3 to RS- TH. The property is a platted lot, fronting on Ambrosia Street, and is currently vacant. The existing property to the east is occupied by two four unit townhome structures. The existing property to the south, across Ambrosia Street, consists of a single family residential subdivision. The existing property to the west is occupied by a four-plex residential unit. The existing property to the north is partly vacant and partly commercial use. The proposed use of the property includes the construction of a single structure containing four townhome units. The structure will be oriented on the lot so as to allow a 24 foot wide vehicular access drive, and a 5 foot width sidewalk along its front. The entire 29 foot width of the drive and sidewalk will be dedicated as an access and utility easement. Common or green space will be provided at front and rear of the lot. The four townhome units will be two story design, with approximately 1,100 square feet of enclosed space on each floor. The first floor of each unit will include garage space to accommodate two vehicles per unit. An additional outside parking space will be provided to meet the total nine parking spaces required. The mean roof height of the building will be approximately 22 feet. 2. identify the existing land uses adjoining the area of request: North - South - East - West - Commercial Low Density Residential Medium Density Residential Medium Density Residential C:1LISERSITANYA.R.ODI iDESKTOPID4ELY USE ANNIKAILAND USE STATEMENT FOR ZONING.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: yu - tottnoc ' o fr?JZ1 STREET: licip- Cr(/03 CITY: FIRM is: Corporation Partnership cotpL5 /PLA1 ore Owner Association ( ) Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title 4 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". U 0„3,lrme- Consultant CERTIFICATE 1 certify that ail 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. Yu N—D,VG H-4(111 ti Title: 6111 TS) Elec (Print Name) j� Signature of Certifying Person: _ 'L Date: K:1DEVELOW ENTSVCS S! s.REDILRIQD DEVELOP 4EtWTVLPFLIc&flON FORMS REZ.OI:IDFSCLCSURE OF INTERESTS STATEMEN 5.12.241CAOC Certifying Person: NAME: 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". a 1 1 144 S0 v �-, I STREET: S -5 -0 -e -c S 714 (..es CITY: (oo li5 (1q4 71 T. ZIP: 7, 4.4) FIRM is: Corporation °Partnership l ole Owner Association Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name n l� Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name a)/4 Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: tName Signature of Certifying Person: 0S 12it..t _. Title: e . 5 EA/7 Date: 9 �� 8 K\DEVELOPMENTSVCS4SHAREDILAND DEVELOPME • PLICATION FORMSIREZONING\DISCLOSURE OF INTERESTS STATEMENT 5.122015.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 incaoacidades, ' aue tienen la intention de asistir a esta junta v me reauieren servicios esoeciales. se les suolica aue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al ntimero (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 junta v su irides es limitado, favor de Ilamar al departamento de servicios de desarrollo al ntimero (361) 826-3240 al menos 48 horas antes de la iunta oara solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0316-06 Yun W. Hwang has petitioned the City of Corpus Christi to consider a change of zoning from the "RM -3" Multifamily 3 District to the "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay, resulting in a change to the Future Land Use Map from low density residential uses to medium density residential uses. The property to be rezoned is described as: Lot 1-B, Block 1, Padre Island No. 1, together with that portion of Estrada Drive (now closed), adjacent to said Lot 1-B, Block 1, Padre Island No. 1, located on the north side of Ambrosia Street between Scallop Street and Indigo Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or changes to the proposed Planned Unit Development Overlay. 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, April 6, 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, eithe at home or office, or in_person, by telephone call or by letter. Printed Name: Address: J 4-/.3 d / ( ) IN FAVOR REASON: OPPOSITION City/State: ( /' f 5(:,14/7:5 - Phone: //_ Phone:..//O ' Ste— 4 J it -le 1.1; /Ar:5- c -[i c<y bcv)9 —7 ,7 e?le hcry 710 //t 1 K ' � 5 pee 7s 44161;://7c.„7„1.1 • f 14 p eo‘kilwi /?42 91� ' # 41) SEE MAP ON REVERSE SIDE Property Owner ID 5 HTE# 15-10000057 Case No. 0316-06 Project Manager: Dolores Wood X = Outside 200' Area Petition Opposition - Case No. 0316-06 = Opposed within 023052 122'120011 CR -21F0 13033 44 9'1' 14302 13934 14010 14022 14020 140,33 14313. - ,. ,2 1430 I Q . . '',' . 'IC 1430C ‘030258 St' 14301 , .02014 1431% , 14310 .y, ..,. .b '14201 ls , 1 5 114325 1. . 1 le City of Corpus Christi 258 ft 11. City of Coque 01.11 cses Me most arrant and complete Cala available. However, GIS 3332 product accuracy may vary. GIS dew and droduMs may be developed from sources of dIfferIng accuracy. accurate only at certain scales. based on modallng or Inter...on, Incomplele while Iwina t:Fti21K1 FiqViF.HFI. 71. Cry or Cock, 01r reserves Me riald unceol, rptlale. muddy. or rerldro. GIS proill GIs nolilicalinc The Oily or Corpus 01Wsli rec., assure asmtrary, ownpleleness, rill. information 'or any parlicular purpose. Usk a AIS :Iala for purcuces olber Merl acme for whil, Hwy were created rrdy yield icarmurele trr n Glear The rod,' unl may asserl any proprielary rialds M inforrralirw nor repteserl loan,. as carer Gocernmenl-produced TwCily of Corpus Chricli shall null. Nm any aolivily involving Clic iliormalirm with ressecl ro los( profits lust sduidas 1/1 ally oilier consequential damages Powered by VANTAGEPOINT To: Corpus Christi Planning Commission RE: Notice of Opposition to Zoning Change Cas Location: Ambrosia Street, Corpus Christi, TX 78418 ID :1==.111DEvELorTr.tir7fat!April 5, 2016 : APR 2 SPECIAL SLRVMCCS As property owners in the area, we the undersigned request that the Corpus Christi Planning Commission deny the request for a zoning change on Ambrosia Street, case # 0316-06. Reasons for the denial are the following: The change would contribute to a too dense population in our neighborhood, especially of short term renters. This change would decrease the value of our properties. We have come to this conclusion after seeing the 10 unit development (Anegada) next door to this lot. We feel we need to protect our neighborhood by stopping this and all further zoning change requests. NAME p4d-/P /f 4 (.;-><4 t + t -b x K k f.Ye' 6/ y,,t ,L) 3 i &Qc+ Gc rdiv r )6-4326 'o rIbar4 � r ° I3c9 S 5 bat ccey- ✓J'y 3o( (Vr2ureen Hurlo w Xi4 3131 Sea,JIo p cc- y 7-1 s �; �/SE 1,/6- 4Ps 1/41-} °4.9 SGA!!%% cc7-7, 7RYc.8�� ADDRESS Set/Lto, r et-7�''�r� // y S7` cc l X 7b(f/7 Sc / /. � � r� 57 C. C T( (t 5`—'\I oQ 53 c -c-"` `13LM &-A,11013 ST c,En 7q-116 Sc. ri v S r C �i X 7e//t 7Not60 Sr c6rr• 764M To: Corpus Christi Planning Commission RE: Notice of Opposition to Zoning Change Case # 0316-06 Location: Ambrosia Street, Corpus Christi, TX 78418 April 5, 2016 4 APR 2 0 2016 Ld' VELUP^I�S.T SERVICr SP`C 1 S' RV CCS As property owners in the area, we the undersigned request that the Corpus Christi Planning Commission deny the request for a zoning change on Ambrosia Street, case # 0316-06. Reasons for the denial are the following: The change would contribute to a too dense population in our neighborhood, especially of short term renters. This change would decrease the value of our properties. We have come to this conclusion after seeing the 10 unit development (Anegada) next door to this lot. We feel we need to protect our neighborhood by stopping this and all further zoning change requests. NA daillihrof, _��. - • it DRESS 1,11 QLVS l%,c% 41r. Ar r1/3zCeW1 's sl ,},tht,\ q '36c NI aux o -T�`•\��.ea04tnafq 1 I X61'9 Li-Lfz3/r_f_g, "11 -r---- v 610z. J s AGENDA MEMORANDUM First reading for the City Council Meeting of May 10, 2016 Second reading for the City Council Meeting of May 17, 2016 DATE: April 15, 2016 TO: Ronald L. Olson, City Manager THRU: Mark Van Vleck, P. E., Assistant City Manager markvv@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Fred Segundo, Director of Aviation freds@cctexas.com (361) 289-0171 J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Engineering Construction Contract Award International Boulevard Improvements (BOND 2012 Proposition 8) CAPTION: Ordinance appropriating and approving a transfer in the amount of $236,810 from the Unreserved Fund Balance in No. 4612 Airport Operating Reserves Fund to and appropriating in Fund 3018 Airport Capital Reserve Fund; changing the FY 2016 Operating Budget adopted by Ordinance No. 030620 to increase expenditures by $236,810; changing the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to increase revenues and expenditures by $236,810 each; and authorizing the City Manager or designee, to execute a Construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $1,683,694.35 for the International Boulevard Improvements project for the Base Bid and Additive Alternate No. 1. (BOND 2012 Proposition 8) PURPOSE: The purpose of this Agenda Item is to execute a construction contract for the International Boulevard Improvements project (BOND 2012) and obtain authority to appropriate funds from the Airport Department to supplement the Bond 2012 Proposition 8. BACKGROUND AND FINDINGS: This project was approved in the Bond 2012 Proposition 8 Economic Development Project by the community in the general election held on November 6, 2012. Bond 2012 Brochure description: "International Boulevard — This project includes a combination of full depth pavement repair and resurfacing the existing entrance roadway looping from State Highway 44 through the Corpus Christi International Airport." This project includes a Base Bid with one Additive Alternative No. 1. The Base Bid includes pavement rehabilitation with minor utility improvements and replacement of the existing overhead signage for directions entering Corpus Christi International Airport (CCIA). Additive Alternative No. 1 provides for a new overhead directional sign for exiting the airport typical to most airports. The existing pavement is experiencing varying levels of distress that requires milling with a new 1.5" overlay to the existing Hot Mix Asphalt Concrete pavement with select full depth repairs. The existing drainage is rural section with roadside swales that require new "ribbon" curbs and minor grading/excavation. Utility improvements are limited to Water and Wastewater improvements for future service for potential development. The base bid includes replacement of the existing inbound overhead directional signage and new pavement markings. The additive alternate for the overhead directional signage with the green TxDOT highway background providing better directions when exiting onto Hwy 44 heading left to go to Robstown, or right to go to Corpus Christi as well as indicating routes to IH -37 and IH -69. On November 18, 2015, the City received proposals from two (2) bidders and the bidders are as follows: Contractor Base Bid Additive Alternate Berry Contracting L.P. dba Bay LTD Corpus Christi, Texas $1,543,638.35 $140,056.00 CPC Interest, LLC dba Clark Pipeline Services Corpus Christi, Texas $1,996,878.10 $214,674.90 ALTERNATIVES: 1. Authorize execution of a construction contract. 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: LJA Engineering, Inc. (formally RVE Inc.) is the design engineer that was selected for this project under RFQ 2012-03. 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 $1,689,642.91 275,000 $1,964,642.91 Ordinance —This Item 236,810 236,810 Total Budget $1,689,642.91 $511,810 $2,201,452.91 Encumbered / Expended Amount 204,600 204,600 Award - This item 1,638,694.35 1,638,694.35 Future Anticipated Expenditures This Project 357480.43 357,480.43 BALANCE 1,485,042.91 -1,484,364.78 678.13 Fund(s): ST 52 Comments: N/A RECOMMENDATION: City staff and LJA Engineering recommend the construction contract award to Bay, LTD in the amount of $1,683,694.35 for the International Boulevard Improvements BOND 2012 Prop 8 for the Base Bid and Alternate No. 1. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Presentation Page 1 of 2 Ordinance appropriating and approving a transfer in the amount of $236,810 from the Unreserved Fund Balance in No. 4612 Airport Operating Reserves Fund to and appropriating in Fund 3018 Airport Capital Reserve Fund; changing the FY 2016 Operating Budget adopted by Ordinance No. 030620 to increase expenditures by $236,810; changing the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to increase revenues by $236,810; and authorizing the City Manager or designee, to execute a Construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $1,683,694.35 for the International Boulevard Improvements project for the Base Bid and Additive Alternate No. 1. (BOND 2012 Proposition 8) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. An amount of $236,810 from the Unreserved Fund Balance in Airport Operating Reserves Fund 4612 is appropriated and transferred to and appropriated in Airport Capital Reserve Fund No. 3018 Airport Capital Reserve Fund. SECTION 2. The FY 2016 Operating Budget adopted by Ordinance No. 030620 is changed to increase expenditures in the amount of $236,810. SECTION 3. The FY 2016 Capital Improvement Program Budget adopted by Ordinance No. 030621 is changed to increase revenues in the amount of $236,810. SECTION 4. The City Manager or designee is authorized to execute a construction contract for the International Boulevard Improvements Project (Bond 2012) for the Base Bid and Additive Alternate No. 1 for the amount of $1,683,694.35 with Bay, Ltd of Corpus Christi, Texas. @BCL@BCO5F55D Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the day of , 2016. ATTEST: Rebecca Huerta City Secretary @BCL@BCO5F55D Nelda Martinez Mayor PROJECT BUDGET International Boulevard Bond 2012 PROJECT FUNDS AVAILABLE: Street $ 1,325,000.00 CCIA International Boulevard( Bond 2012 Proposition 8) 800,000.00 Bond 2012 Proposition 8 Savings 275,000.00 Airport 250,000.00 Utilities 876,452.91 Water 128,496.86 Storm Water 639,956.05 Wastewater 108,000.00 TOTAL FUNDS AVAILABLE $ 2,201,452.91 FUNDS REQUIRED: Construction: Construction (Berry Contacting, dba Bay, Ltd.) THIS ITEM 1,683,694.35 Street 930,883.15 Utilities 516,001.20 Water 33,415.00 Storm Water 423,812.70 Wastewater 58,773.50 Airport 236,810.00 Contingency (10%) 168,369.44 Construction Inspection and Testing: Construction Inspection (Estimate) 65,240.00 Construction Phase - Materials Testing Services (Rock Engineering) 14,424.00 Design: Engineer (RVE). Original Contact and 3 Amendments 177,147.00 Street 88,695.40 Airport 19,450.00 Utilities 69,001.60 Water 10,246.00 Storm Water 50,076.80 Wastewater 8,678.80 Design Phase - Geotechnical Study and Testing (Rock Engineering) 19,800.00 Reimbursements: Total Reimbursements 72,100.00 Contract Administration (Engineering Svcs Admin/Finance/Capital Budget) 31,100.00 Engineering Services (Project Mgt/Constr Mgt) 39,000.00 Misc. (Printing, Advertising, etc.) 2,000.00 TOTAL $ 2,200,774.79 ESTIMATED PROJECT BUDGET BALANCE $ 678.13 S 4' BUO!TBUJOTU Q Project Location •• a i -11, i 1... '1 1 pp,11;��11n! ff '+eV -y12, if t1o� l.' Iworriramr '11N�•i�+41'^f,^il...rpr'9i9 �a+i IO'M:!,� dig, 4 rte+—=M-,r+-+ q.• • r til. ”. v a a.• .9�H.yfb 9H '�1 1 . VICINITY MAP NOT TO SCALE • Project Number: El [II 1 II II III 1 II II International Boulevard Improvements Bond 2012 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Chr sti Engineering International Blvd BOND 2012 Proposition 8 Council Presentation May 10, 2016 Vicinity Map �hrsti Engineering edwick Rd SH 44 W o. .11.3 Christ International niaport ;01.4111$ Aa Project Location Bear Irri 2 Location Map Corpus Christi International Air ort Project Scope �hrsti Engineering Provides for a Base Bid with one Additive Alternative as follows: BASE BID: • Milling and a new 1.5" HMAC overlay (approximately 2000LF) • Select full depth repairs • New pavement markings • Minor storm water enhancements for roadside swales • Minor water & wastewater improvements for future development • Replacement of the existing overhead directional signage for inbound traffic to the airport ADDITIVE ALTERNATIVE NO. 1: • New overhead directional signage for traffic existing onto Hwy 44 to Robstown and Corpus Christi for Hwy 37 and Hwy 69 4 Project Schedule �hrsti Engineering 2013 2014 2015 2016 3rd Q 4th Q 1st Q 2nd Q 3rd Q 4th Q 1stQ I2ndQ 3rd Q 4th Q 1st Q 2nd Q 3rd Q Bid/Award 4th Q Project Estimate: 180 Calendar Days 6 Months CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties.OFFICE Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. USE ONLY CERTIFICATION OF FILING 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Bay Ltd. Corpus Christi, TX United States Certificate Number: 2016-44305 Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 04/22/2016 Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract. E12137 Rehabilitation of International Drive Improvements (Bond 2012) 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. Mp omatorq,� X ti 6 AFFIDAVIT "0,, . \N� .... . ' YA �F� 4,1, I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. I 0 Gel ; ••Ig f •• .P1R• •Qt ignature of authorized agent of contracting bu`siiness entity AFFIX NOTARY STAIJA44 1114Beek Sworn/to ,this the � � day of I �01 7 ' jil fl Sworn to and subscribed before me, bythe said n ,r , 20 1 kLJ to certify which, witness my hand and seal of office. 6.,e44;0L . /..e.ezry,a,._ zell'Aotal ty). si-grif 4dmikiaf Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Fnrmc nrn. ii`1 ,-1 4..1 T..v...- i I.,;.... r......,......__.— www.ethics.state.tx.us Version V1.0.1021 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of May 10, 2016 Second Reading Ordinance for the City Council Meeting of May 17, 2016 DATE: April 27, 2016 TO: Ronald L. Olson, City Manager FROM: Margie C. Rose, Deputy City Manager MargieR@cctexas.com (361) 826-3220 Maintenance of Mirador Outlooks CAPTION: Ordinance accepting $13,000 from the Corpus Christi Business and Job Development Corporation's No. 1120 Seawall Improvement Fund as a match to the City of Corpus Christi's $13,000 appropriation for maintenance of the Miradores in the No. 1020 General Fund; appropriating $13,000 from the unreserved fund balance in the No. 1120 Seawall Improvement Fund; and amending the FY2015-2016 operating budget adopted by Ordinance No. 030620 to increase revenue and expenditures in the No. 1020 General Fund by $13,000 each; and expenditures in the No. 1120 Seawall Improvement Fund by $13,000. PURPOSE: The purpose of this item is to approve a $13,000 appropriation from Seawall Fund to match $13,000 from the General Fund, to create a funding amount of $26,000 for FY 2016. BACKGROUND AND FINDINGS: Upon the approval of the 2015 Mirador Job Order Contract Improvements, the City Council and Type A Board expressed desire for planning and funding of long-term Mirador maintenance. While legal opinion supports this use, the Type A Board has not committed to provide total funding, as they are concerned about the long term integrity of the Seawall's main purpose as a flood protection mechanism. The Parks and Recreation Department included enhanced maintenance as a decision package, but it was not approved for the FY 2016 Budget. On February 15, 2016, the Type A Board motioned to provide $13,000 in funding for Mirador maintenance, if the City matched an additional $13,000, for total dedicated to enhanced maintenance at $26,000 for the remainder of FY 2016. ALTERNATIVES: 1) Council has expressed desire for this to be funded entirely by the Seawall Fund. 2) Type A Board has expressed desire for this to be funded entirely by the General Fund. OTHER CONSIDERATIONS: If there is a desire to sustain this funding model long term, General Funds and Seawall Funds will be required annually. CONFORMITY TO CITY POLICY: N/A EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Corpus Christi Business & Job Development Corporation (Type A) Parks & Recreation Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $19,494,008 Encumbered / Expended Amount This item $13,000 BALANCE $19,481,008 Fund(s): Seawall Fund Comments: None RECOMMENDATION: Staff recommends approving the $13,000 appropriation from the Seawall Fund to match the $13,000 from the General fund. LIST OF SUPPORTING DOCUMENTS: Enhanced Mirador Maintenance Scope of Work Ordinance — Enhanced Mirador Maintenance Legal Memo — Seawall Fund for Miradores Proposal for Enhanced Mirador Maintenance • The Parks & Recreation and Marina Departments spend approximately $53,000 on trash and debris removal, clearing sand and power washing, as well as maintaining the three pieces of public art along the Seawall and Miradores. • Maintenance on drinking fountains, lights or benches is performed on as needed basis. • There was not a preventive maintenance schedule or funding available prior to the Type A Board offer. Below is a table that shows the current level of Mirador Maintenance, versus the enhanced level of maintenance that will be accomplished with an additional $26,000 for FY 2016: Task Current Additional Total Sanitation/Debris/Sand Removal $34,141 $34,141 Powerwashing Seawall $1,783 $ 5,600 $ 7,383 Mirador Maintenance (lights, paint, etc) $15,400 $15,400 Seawall Maintenance (spot paint, benches, gaps, breaks) $ 2,000 $ 2,000 Enhanced Inspections and spot repairs $ 3,000 $ 3,000 Public Art Maintenance (Selena, Solar System, etc.) $5,000 $ 5,000 Marina Debris Removal $12,000 Total $52,924 $26,000 $78,924 Expenses for these additional preventive maintenance activities and response work orders will be tracked independent of other funding mechanisms for park operation activities. Quarterly reports of repairs and activities will be submitted to Mr. Ellington for evaluation and shared with the Type A Board at the end of FY 2016. Inspections Current Enhanced Cleanliness Weekly Daily Structure Monthly Daily Lights Monthly Daily Work to be completed within 48 hours of discovery Graffiti Removal Bulb Replacement Spot Painting Bench Repair Joint Calking Work Order submitted to Facility Maintenance for issues not in scope of P&R. Funding for continued preventive maintenance will need to be identified for future fiscal years. 1 Ordinance Ordinance accepting $13,000 from the Corpus Christi Business and Job Development Corporation's No. 1120 Seawall Improvement Fund as a match to the City of Corpus Christi's $13,000 appropriation for maintenance of the Miradores in the No. 1020 General Fund; appropriating $13,000 from the unreserved fund balance in the No. 1120 Seawall Improvement Fund; and amending the FY2015-2016 operating budget adopted by Ordinance No. 030620 to increase revenue and expenditures in the No. 1020 General Fund by $13,000 each and expenditures in the No. 1120 Seawall Improvement Fund by $13,000. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $13,000 is accepted from the Corpus Christi Business and Job Development Corporation's No. 1120 Seawall Improvement Fund as a match to the City's $13,000 appropriation for maintenance of the Miradores in the No. 1020 General Fund; and that $13,000 is appropriated from the unreserved fund balance in the No. 1120 Seawall Improvement Fund. SECTION 2. That the FY 2015-2016 operating budget adopted by Ordinance 030620 is amended to increase revenue and expenditures in the No.1020 General Fund by $13,000 each and expenditures in the No. 1120 Seawall Improvement Fund by $13,000. 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 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the day of ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor LEGAL MEMORANDUM TO: CORPUS CHRISTI TYPE A BOARD FROM: JULIAN GRANT, ASSISTANT CITY ATTORNEY SUBJECT: USE OF SEAWALL SALES TAX FUND DATE: MARCH 9, 2015 ISSUE May seawall sales tax funds be used by the Type A Corporation to repair and maintain the artistic gazebo structures known as the Miradores (and the Selena statue)? ANSWER Yes. The ballot authorization language passed by the voters in 2000 was entitled Proposition 4, Seawall Improvements: The adoption of a sales and use tax for the promotion and development of improvements to the downtown Seawall and for maintenance and operating costs of said Seawall improvements... This clear language means that seawall funds may be used for repair and maintenance of nonstructural projects on the seawall such as the artistic gazebo structures known as the Miradores (and the Selena statue), as these are improvements, which are "permanent structures on real property" under the normal dictionary definition. The Miradores are permanent structures attached to the seawall. AGENDA MEMORANDUM First Reading for the City Council Meeting of May 17, 2016 Second Reading for the City Council Meeting of May 24, 2016 DATE: TO: FROM: May 2, 2016 Ronald L. Olson, City Manager Mike Markle, Chief of Police mikema@cctexa.scom 886-2603 Accept additional grant funding from the Executive Office of the President, Office of National Drug Control Policy to support the Police Departments role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA). CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept additional grant funding in the amount of $9,100.65 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Departments role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA); and appropriating the $9,100.65 in the No. 1061 Police Grants Fund. PURPOSE: Appropriate additional funds. BACKGROUND AND FINDINGS: HIDTA has provided the additional funds to be used for equipment and supplies. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $9,100.65 $9,100.65 BALANCE $9,100.65 $9,100.65 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Award document Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept additional grant funding in the amount of $9,100.65 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA); and appropriating the $9,100.65 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 additional grant funding in the amount of $9,100.65 from the Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA). SECTION 2. That $9,100.65 is appropriated in the No 1061 Police Grants Fund from the Office of the President, Office of National Drug Control Policy for funding the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA). 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor April 22, 2016 Chief Mike Markle Corpus Christi Police Department 32I John Sartain Street Corpus Christi, TX 78403-2511 Dear Chief Markle: Grant number G 15HN0006A has been increased and now totals $177,300.65. The original of Modification 2 is enclosed. If you accept this Modification, sign the Modification and return a copy to the Assistance Center in Miami. Keep the original Modification for your file. All terms and conditions of the original award apply to the Modification. if you have any questions pertaining to this grant award, please feel free to contact Lisa Newton at (202) 395-6639. Sincerely, L1{'it/lad Michael K. Gottlieb National HIDTA Director Enclosures Executive Office of the President Office of National Drug Control Policy AWARD Grant Page 1 of 1 1. Recipient Name and Address Chief Mike Markle Corpus Christi Police Department 32I John Sartain Street Corpus Christi, TX 78403-25I I 4. Award Number: G 15HN0006A 5. Grant Period: From 01/0I/2015 to 12/31.20I6 1A. SubrecipientIRS/Vendor No. 6. Date: 4/22/2016 7. Action Initial X❑Supplemental Subrecipient Name and Address 8. Supplement Number 2 2A. Subrecipient IRS/Vendor No.: 9. Previous Award Amount $ I68,200.00 3. Project Title Multiple 10. Amount of This Award: $9,100.65 11. Total Award: $177,300.65 12. • The above grant is approved subject to such conditions or limitation as are set forth in the original Grant. 13. Statutory Authority for Grant: Public Law 113-235 / H.R. 83 AGENCY APPROVAL RECIPIENT ACCEPTANCE I4. Typed Name and Title of Approving Official Michael K. Gottlieb National H1DTA Director 15. Typed Name and Title of Authorized Official Mike Markle Chief 16. Signature of Approving ONDCP Official LtGALtik. 5-10.144( e 15 I7. Signature of Authorized Recipient/Date 77(1 "--2, AGENCY USE ONLY 18. Accounting Classification Code DUNS: 069457786 EIN: 1746000574A5 19. H1DTA AWARD OND I070DB 1516XX OND6113 OND2000000000 OC 410001 IID: 49782 Initiative Cash by HIDTA FY 2015 Current Budget (net of reprogrammed funds) HIDTA Agency Name Initiative Houston Total 4/22/2016 7:39:15 AM Corpus Christi Police Department Texas Coastal Corridor Initiative (TCCI) Agency Total : Corpus Christi Police Department Cash Type Grant 177,300.65 Investigation G15HN0006A 177,300.65 177,300.65 Budget Detail 2015 - Houston Initiative - Texas Coastal Corridor Initiative (TCCI) Award Recipient - Corpus Christi Police Department (G15HN0006A) Resource Recipient - Corpus Christi Police Department Indirect Cost: 0.0% Current Budget (net of reprogrammed funds) $9,100.65 Equipment Quantity Amount Equipment Total Equipment $4,754.00 $4,754.00 Supplies Quantity Amount Supplies Total Supplies Total Budget $4,346.65 $4,346.65 $9,100.65 Page 1 of 1 4/22/2016 7:39:16 AM AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of May 17, 2016 Second Reading for the City Council Meeting of May 24, 2016 DATE: April 29, 2016 TO: Ronald L. Olson, City Manager FROM: Dan McGinn, Interim Director, Development Services Department Daniel Mc@cctexas.com (361) 826-3595 Abandoning and vacating a blanket pipeline easement, located at the northeast corner of Staples Street and Wooldridge Drive CAPTION: Ordinance abandoning and vacating a portion of an existing blanket easement, located at Lokey Subdivision, Block 16D, Lot 5, located north of Wooldridge Drive, and east of the South Staples Street public street right-of-way; Requiring the owner of the lot, Brimhall Enterprises, Inc., to comply with the specified conditions. PURPOSE: The purpose of this item is to eliminate a pipeline easement that was recorded at Nueces County under Vol. 269 pages 249-250 and allow for the future sale of the property. BACKGROUND AND FINDINGS: Brimhall Enterprises, Inc., (Owner) is requesting the abandonment and vacation of an existing blanket easement, located at Lokey Subdivision, Block 16D, Lot 5, located north of Wooldridge Drive, and east of the South Staples Street public street right-of-way, in order to provide for redevelopment over the existing easement area. The easement to be abandoned and vacated is located in a "CG -2" General Commercial District. Houston Natural Gas Corporation assigned the City of Corpus Christi Gas Department (Corpus Christi Municipal Gas Corporation) the blanket easement right-of-way on December 29, 1954, the City Council and Mayor of the City approved the assigned transfer with Ordinance No. 4018. On August 19, 1959, City Council and Mayor of the City amended Ordinance No. 4018 and approved a final assignment of transfer with Ordinance No. 5467. ALTERNATIVES: Denial of the blanket pipeline easement closure. This will, however, adversely impact the Owner's ability to move forward with future sale of the subject property. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: These requirements are in compliance with the City of Corpus Christi, Code of Ordinances, Section 49-13, as amended and approved on July 13, 2004, by Ordinance No. 025816. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Gas Department was contacted. Gas Department doesn't have any facilities, or objections regarding the proposed blanket easement abandonment. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the ordinance. The Owner must comply with all the following specified conditions of the ordinance: a. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. LIST OF SUPPORTING DOCUMENTS: Ordinance Location Maps Ordinance abandoning and vacating of an existing blanket easement, located at Lokey Subdivision, Block 16D, Lot 5 that was recorded at Nueces County Deed Records Vol. 269 pages 249-250 and located north of Wooldridge Drive, and east of the South Staples Street public street right-of-way; and requiring the owner of the lot, Brimhall Enterprises, Inc., to comply with the specified conditions. WHEREAS, Brimhall Enterprises, Inc., (Owner) is requesting the abandonment and vacation of an existing blanket easement, located at Lokey Subdivision, Block 16D, Lot 5, recorded at Nueces County Deed Records under Vol. 269 pages 249-250 and located north of Wooldridge Drive, and east of the South Staples Street public street right-of-way, in order to provide for redevelopment over the existing easement area. The easement to be abandoned and vacated is located in a "CG -2" General Commercial District. WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said pipeline easement, subject to compliance by the Owners with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the existing blanket easement located at Lokey Subdivision, Block 16D, Lot 5, as recorded in Vol. 269 pages 249-250 of the Deed Records of Nueces County, Texas, located north of Wooldridge Drive and east of the South Staples Street public right-of-way, is abandoned and vacated, subject to compliance with the conditions specified in Section 2 below. SECTION 2. The abandonment and vacation of the blanket easement described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor R. Ifl GZ7' T. 10 4191 L' 10 11' NOT CC, 01 s 0 S C• - ,6•0 00' 9 J ] TricwLCc�NiTVec vem�-. ,el+- "TEG. Ac ¢L�s �F l�-,.I� nl 1 i I AAD, 2,1 ,PARED 1.1. 3C 1,1 Feer STATE 0 TEXAS COUNTY O MACES CITIZENS BANK 0 CORPUS CHRISTI, A TEXAS HARKINS COI/MAIM, MEREST CERTIFIES THAT IT 1* 00 A LIEN ON THE PROPERTY WWII ON THE FORE*00 MAP DENIED BY MARY ELIZABETH 1001. AN0. SANDRA FAY DUNNING, CAROLYN ANN TRAMMELL AND JAMES BAILEY WRIMIT, JR. AND IT APPROVES Of THE RESUBDIVISION FORM PURPOSES TIER. EXPRESSED. CITIZENS BANE Or COPSES CMISTI PHI ELM VICE-PRESIDENT STATE OF TEXAS MOM 0 MECES Exhibit A PLAT OF LOKEY SUBDIVISION BLOCK 16D, LOTS 5 & 6 BEING A REPLAT OF LOT 2, BLOCK 16D, LOKEY SUBDIVISION, A MAP OF WHICH 15 RECORDED IN VOLUME 46, PAGE 235, MAP RECORDS OF NUECES COUNTY, TEXAS. STAT O TEXAS CORTY U MECES ARY ELEAABETH AS BAILEY WIGHT. JR WHIM/ CAME 11MT W AN M . SANAA Mr mown. YOAENS Cf m Aro TNTE LAME ARO JAMS DIMACED WHEW DE DPMAPCS a M FOREGOING MAT: THAT ID SSHOW, NT SAB LA TSTAMM AS sFW AM De n)TTC T e MLR IME R: HST IASBNnSSAM ARE MUGnD TCM PAM USE MI M NSTADATNR, WD, ADEDICATIVA ON. of N 1 AI MODE C 1NAT ME MAP WAS MAIN FOR M REPR a F MSM WYa /lL.L ISM. HMI' ELI7151 TRAVDAN�DD 1n SAIPPA RAL OMEN" LARCLYN Nm TRAMMEL JAMS MILEY T. Al STATE Of TMS CRMma MACES MS 115I11OBNT WAS ACRIONISWDBRMM. MARY ELILYETN TMVLIAND: INS DE ti 101a '0. .• 1900 Btqy Zvy N Xl44 STAR Of GMT/ AURCES TNM RSTINEMT WAS ACXNMIUFFDBEFOEH DY SAMA MY BENIN. MSM. MVO J. Hee L14,pn IISpMT J( YACCAEOCEj riIFKKKRA n.,n BEnj ry f F4 fSA0 E R4DR '565PG:nw,l EdrT .ccamrva NIECES THIS INSTRUMENT WAS 20 0 0 106ED BEFORE ME BV 800018 BRICKLEY. VICE-PRESIDENT O CITIZENS BANE O CORPUS CHRISTI. IN BEHALF Of SAID CCIPCICATCH. 1HS O 1980 Mda'YRt.. 5TATE a TEXAS 11M NDNEDIT WAS ADDSAUDNO MEQM BY CABIN Ml j 1MSM //J� '01-T Iwe �y SIAM a HMS d, D. R60dee STAR Slugs COUNTY V NAM D-'J- rnL.N, oeAnt>w+l+ TIBAAAie� `}EAI iS NOT CIWAWtIyy,, L.E.i01E FRK 3rtT:sFXeioe. 4a.f Ed,AT:OI'. no (*1' 1.219 rnAP-IM l Ifs k\,v0.fd2 FILED HER RECORD MARION LMMIMDED. CONN DMZ MACES COMM 705 3 LARAneM MAP STATE 0 TEXAS COMITY OF MACES I, EUGENE C. URBAN. REGISTERED PUBLIC SLRYTYGR FIR URBAN EXBNEERIN6. HEREBY CER051 THAT THE FOEG0NG MAP WAS PREPARED FROM MAYS NAGE CR TIE BROOM UPPER MY DIRECTION AND 15 TRU AND CORRECT: THAT I HAVE BEEN ENGAGED MISER CONTRACT TO SET ALL L0T AMI BAWD COMR5 AS SMOAR IEP£CN AID//TD CCIPLETE SUCH OPERATIONS WT OUT DELAY. THIS THE 200AY CE .//059'tL . W C. URBAN. P.P.S. EXA (CENSE N0. 1.0 STAT 0 TEXAS CORY was CIIGENE C. CSP �o- THIS FINAL PLAT a TIE HEREIN DESCRIBED PROPERTY VAS APPRDVED BY VICTOR 5. IIEDIMA. P1., CITY ENGINEER OF THE CITY Cf CCPPUS CHRISTI, TEXAS. THIS THE .%DAY OXY 195 VICTOR 5. MEDINA. D.E., CITY 011611EE6 STATED TEXAS CHANTY OF NIECES THIS FINAL PLAT R THE HEREIN 0SCRIOD PROPERTY WAS APPROVED BY TIE PI AH11116 CM1155101 0 TE CITY O COPS MIST!. TEXAS. PROVIDED, HOWEVER. MIS APPRWAL SHALL BE INVALID AM ME 11MEE1I55 THIS PLAT BE FILED WITH TEE COUNTY CLEW WITHIN SIX 16/ MONTHS HEREAFTER. 100 DIE BAY Cf /Ward? 199 MIC RAASCH. SECRETARY 89-021 STATE 0 TEXAS COUNTY 0 NIECES I, MARION UEEILIM ER. CLERK 0 TIE COMP" C5BIT IN A10 FOR Ip,C0NTY. DD HERB CERTIFY THAT TIE FOREGO16 INSTRUMENT ENT DATED SHE an_ DAY PRL L ITS CERTIFICATE 0 AUTHENTICATION WA5 FR16 OF ED FOR MCO0 jM IV TIE lit- DAY 0 HYLRII 1908_ Ar 3144 O'CLOCK .Y. M.. AW DAY REc1Fdf0 THE -U-DAY 0 "VIM AY (VBA., At (LIRE OCLOX$M.,YNSAID awry N INYYK.,L3_, 0146[ A l9 JEAP /MAIMS. WITMSSS MY HAND AND SEAL 0 THE COUNTY COURT, IN AND FOR 5A10 CONTY, AT OFFICE 111 CORNS MORI. TEXAS. TH DAY AND YEAR LAST WRITTEN. TILS YmMKURWASA, BY MIQEM BY AVMS BA11[Y .A�.oRdes coma NEOs sena AT.PJi'1H_OLLOCK 'D WiIAY 0 1911cL 51'.1Cta0.5_ DEPUTY &A•. MARION IIENLINGER CLEW CONN CWRT MEM CO.NIY, 18XA5 IIUNMAN ENGINEERING ammo 8,,,ZrVW..E,ave,M„- 12 re� Lthnn K..-W.CCF�'+ JO1NO 2'10)0-W.Q7 DEPUTY 2 -¢c -p8 II - 1cn' ca 241 the terms hereof ehallLbe binding upon all Parties hereto, and/or their heirs, administrators, successors or assigns—The acceptance hereof by Second Party shall be sufficient evidence of the agreement by Second fgrty with all Of the terms and provielona hereof. Witness our handsi this the 11 day of February A.D. 1941. PONM APPROVED O.D.N. - c STATE OF TEXAS( n, Lorena >sirk, FIRST PARTY NUECPS COUNTY Q BEFORE ME , the undersigned authority, m this day personally appeared Lorena Kirk known to me to/be the person whose name is subscribed to the foregoing instrument of writ- ing and acknowledged to me that he executed the same for the purpose, and consideration therein expressed. Given under my band and seal of office, this the 11 day of Feb. A.D. 1941. F.H. de Cordova, Notary Public , (Nueces Co., Tex. L.S.) Nuecee County, Texas. ENDORSED: PIPE -LINE RIGHT-OF-WAY FILED FOR RECORD AT 8:00 o'clock A.M. Apr 19 1941 MRS. HENRY E. GOUGER CTlerk, Couhty?Caurt; Nuecee County, Texas By R.G. Ward Deputy. RECORDED: THIS THE 29th day of Apr A.D. 1941 At 2:46 o'clock P.M. Vol. 269 Pages 248-249 MRS. HENRY E. GOUGER COUNTY CIERK. BY I \._.,., 0�. a -✓� DEPUTY. N0. 1621441 .PI -FIELD STATE OFTEXASI) NUBGES COUNTY 4 THi9HMEM0RANDUM OF AN AGREEMENT made and entered into by and between Mrs Carl Haltom, a widow of Nuecee. County, Texas,. hereinafter, whether one or more, known as First Party, and Houston Natural 0aa.Corpora.tion, a Texas Corporation with its domicile at Houston, Texas, hereinafter known as Second Party., WITNESSETH: (1) First Party, for end in coneideratl m of the payment to it by Second 'Party of the Sum'of One Dollar (1.00) the !ocelot of which is hereby acknowledged and confessed, and for the other end further considerations, conditions and re- servations hereinafter mentioned, does hereby grant, sell and convey unto Second Party a right- of-way to lay_,.-co:lttruct, maintain, operate, repair, and remove, a pipe Line for the tranaportati of gas, mineral solutions and other similar commodities, at a location and on a route to be selected by Second Party, over, through a:Wu:ion the following tracts or parcels of land, situate in Nueoes County, Texas, to -wit: Lota A and B block one (1) and lot D block sixteen (16) of the Lokey Subdivision, ae shown on the plat of record in the map records of Nuecee County, Texas. Being a resubdivision of lots one (1) to five (5) and lots twelve (12) to sixteen (16) Section twelve (12) Flour Bluff and Encinal Farm and Garden Tracts, Alio all reasonable right of ingrain: and -egress at all reasonable times for the purpose. of the use and enjoyment of the rights herein granted. TO HAVE AND TO HOLD the Bald aaesment and/or right-of-way, unto the said Second Party, its successors and assigns, so longue the name shell be ueed for the purpose for which granted, but subject to the terms and provisions hereof. It la agreed and a tlpulated that Second Party shall be liable to First Party for all damages by reason of any injury or injuries to the growing crops or other property of Firat Party on or about said land, the liability for such damages end the amount of much damages,in the event of disagreement between First Party and se- rcond Party, to be determined by a Board of Atbitretion, consisting of three (3) persons,' m e of wham shall be selected by Firat Party, ena one of whdmh shall be selected by Second Party, and the two (2) persona thus selected shell select the third person. A decision of such Board of Arbitration , or a majority thereof, given in writing, shall be final and binding upon the (•2,) Parties hereto./mineral solutions and other similar commodities. All of auch pipe lines shall be rie. .. that the o. of same shall be below .low d:.th. (3) t'he rights hereby 250' granted to Second party by Flrat Party phell, upon demand in writing by First Party, revert to First Party if Second Party shall, for a period of two (2) years, voluntarily cease to u se all such pipe lines; provided Second Part shall have six (6) months after the receipt of auch demand in writing within which either to resume operations or remove said pipdi.line or pipe lines. (4) First Party warrents that he La the owner L`n fee simple of said property or has the right and authority to enter into this agreement. Second party may change the size of its pipes and/or linea laid hereunder as end when it aces fit, and the resulting damage, if any, shall be determin and paid First Party by Second Party in acoordence with Section (1) above. (5) This Agreement and all the terms hereof shall be binding upon all Parties hereto, and/or their heirs, administrators succeesore or assigns. The acceptance hereof by Second Party shall be sufficient evidence of the agreement by. Second Party with all of the tensa and'provisiona hereof. Witness our kande_, this the 10 day of February, A.D. 1941. Mre. Carl Haltom FORM APPROVED O.D. N. PIRST PARTY STATE OF TERASQ NUECES COUNTY. Q BEFORE ME, the. undersigned authority, on thio d ay personally appeared Mrs. Carl Haltom known tome to be the.peraon whose name is subscribed to the foregoing instrument, of writing and acknowledged to me that he Minuted the same for the purpose: and consideration there, in expreaeod. Given under my hand and seal of office, this the 10 day of Feb A.L. 1941. F.H. de Cordova, Notary Public, (Nuecea Co., Tex. L.S.) Nuecea County, Texas. ENDORSED: PIPE LINE RIGHT -OP -WAY FILED FOR RECORD AT 8:00 o'clodk A.M. Apr 19 1941 MRS. HENRY E. GOUGER Clerk, County Cburt, Nuecea County, Towel By R.C. Word Deputy. RECORDED: THIS THE 29th day of Apr A.D. 1941 At 3:10 o'clock P.M. At Vol. 269 Pages 249-250 MRS. HENRY E. GOUGER COUNTY CLERK. BY p�-� /1 DEPUTY. NO. 162146 Job #02-1437-74 STATE 0? ILLINOI_SQ COOK COUNTY Q THIS MEMORANDUM OF AN AGREEMENT made and entered into by and between Chesser W. Howe of Cook County, Illinois, hereinafter, whether one or more, known as blrst Party, end Houston Natural Gee Corporation, a Texas Corporation with its domicile at Houston Texas, herein- after known as Second Party, WITNESSETH: (1) Pipet Party, for and to consideration of the payment to it by Second Party of the eum of One (1.00) Duller, the receipt of which is hereby acknowledge end confessed, end for the other and further considerations, conditions and reeervationa here- , inaftar mentioned,. d�aq,hereby grant, sell end convey unto Second Party a right-of-way to lay, i7�' construct, maintains operate, repair, and remove, a Pipe Line for the transportation of gas, mineral solutions and4itifer similar commodities, at a location and on a route to be selected by Second Party, over, through and upon the following tracts or percale of lend situated in Nue- cea County, Texee, to -wit: The north one held (j) or'the north one half (I)of lot thirty two (32) Section thirteen (13) of the Flour Bluff and Encinal Form and Garden Tracts, as shown by the plat of record in the ®p records of Nuecea County, Texee. Also ell reasonable right of ingress and agrees et ell reasonable time:: for the purpose of -the the end endoyment of the rights herein gran - ed. TO HAVE -AND TO HOLD the said eaaement and/or right-of-way, unto the said Second Party, its auccasaora and assigns, 40 long as the same shall be used for the purpose for which granted, but subject to the termq/provisions hereof. It le agreed ends tipulated that Second Party shell be liable to First Party for all damages by reason of any injury or injuries to the growing crops or w=. Vicinity Map Lokey Block 16-D, Lot 5 and 6 Goff of Mexico Aerial Overview 1 N Aerial AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of May 17, 2016 Second Reading Ordinance for the City Council Meeting of May 24, 2016 DATE: 5/2/2016 TO: Ronald L. Olson, City Manager FROM: Dan McGinn, AICP CFM, Interim Director, Development Services DanielMc@cctexas.com (361) 826-3595 Approval of agreement and appropriating funds for Peterson Properties, Ltd., for the construction of sanitary sewer trunk line, force main and lift station CAPTION: Ordinance authorizing city manager or designee to execute a sanitary sewer trunk line, force main and lift station construction and reimbursement agreement ("Agreement") with Peterson Properties, Ltd., ("Developer"), for the construction of a sanitary sewer trunk line, force main and lift station and appropriating $911,341.24 from the No. 4220 Sanitary Sewer Trunk System Trust Fund to reimburse the Developer in accordance with the Agreement. PURPOSE: Peterson Properties, Ltd., is required to install 7,040 linear feet of 6 -inch wastewater force main, 8 -inch trunk line and a lift station with a flow of 470-gmp in order to provide adequate wastewater to a proposed commercial subdivision development. The subdivision is located on the southeast corner of South Padre Island Drive and Old Brownsville Road. BACKGROUND AND FINDINGS: Per Section 8.5.2. E (2) and Section 8.5.2.4 Credits and Reimbursements of the Unified Development Code ("UDC"), Peterson Properties, Ltd., is requesting a Reimbursement Agreement for the development of Westpoint Crossing, Block 1, Lots 1 & 2 as shown on the final plat. The subdivision is located on the southeast corner of South Padre Island Drive and Old Brownsville Road. The development requires the extension of 7,040 linear feet of 6 -inch wastewater force main, 8 -inch trunk line and a lift station with a flow of 470-gmp in order to provide adequate wastewater to the property. A layout of existing and proposed improvements is included as Exhibit 3. The 6 -inch wastewater force main, 8 -inch trunk line and lift station is eligible for full reimbursement from the Sanitary Sewer Collection Line Trust Fund. The Wastewater Master Plan calls for the construction of a 6 -inch wastewater collection line and lift station along Old Brownsville Road. If the actual costs for installation of such wastewater force main and lift station are greater than the lot or acreage fee, the developer shall be reimbursed (less any lot or acreage fee credits) from funds available from the Sanitary Sewer Trunk System Trust Fund for that portion of the wastewater force main and lift station installed by the developer. The total amount reimbursable is $911,341.24. ALTERNATIVES: Disapproval of the Reimbursement Agreement. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The developer will be extending a 6 -inch wastewater force main, 8 -inch trunk line and a lift station with a flow of 470-gmp to serve the proposed commercial development and has requested a Reimbursement Agreement, as provided in the Unified Development Code. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not Applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,972,566.71 Encumbered / Expended Amount This item $911,341.24 BALANCE $1,061,225.47 Fund(s): Sanitary Sewer Trunk System Trust Fund Comments: RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Agreement Location Map ORDINANCE AUTHORIZING EXECUTION OF A SANITARY SEWER TRUNK LINE, FORCE MAIN AND LIFT STATION CONSTRUCTION AND REIMBURSEMENT AGREEMENT ("AGREEMENT") WITH PETERSON PROPERTIES, LTD., ("DEVELOPER"), FOR THE CONSTRUCTION OF A WASTEWATER TRUNK MAIN, FORCE MAIN AND LIFT STATION AND APPROPRIATING $911,341.24 FROM THE NO. 4220 SANITARY SEWER TRUNK SYSTEM TRUST FUND TO REIMBURSE THE DEVELOPER IN ACCORDANCE WITH THE AGREEMENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a sanitary sewer trunk line, force main and lift station construction and reimbursement agreement ("Agreement") with Peterson Properties, Ltd., including all related appurtenances, for the development of Westpoint Crossing, Block 1, Lots 1 and 2 Subdivision, in Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $911,341.24 is appropriated from the No. 4220 Sanitary Sewer Trunk System Trust Fund to reimburse the Developer for the construction of the sanitary sewer trunk line, force main and lift station construction improvements in accordance with the Agreement. 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor WASTEWATER TRUNK LINE, FORCE MAIN AND LIFT STATION CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS COUNTY OF NUECES This Wastewater trunk line, force main and lift station Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home -rule municipality, and Peterson Properties, Ltd., ("Developer/Owner"), a Texas limited partnership. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on March 9, 2016 to develop a tract of land, to wit: 35.41 acres of land being portions of Lots 9 through 11, and portions of Lots 14 through 15, Section 5, Range VIII, of the Gugenheim & Cohn's Farm Lots, known as Westpoint Crossing Block 1, Lots 1 and 2, located along Old Brownsville Road on the southeast corner of Old Brownsville Road and North Padre Island Drive (SH 358), as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement. WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the wastewater trunk line, force main and lift station ("Trunk Line, Force Main and Lift Station"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Trunk Line, Force Main and Lift Station; WHEREAS, it is to the best interest of the City that the Trunk Line, Force Main and Lift Station be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.2.E.2 of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when funds become fully available in the Sanitary Sewer Trunk System Trust Fund and are appropriated by the City Council; and WHEREAS, the Developer/Owner has submitted an application for reimbursement of the costs from the Sanitary Sewer Trunk System Trust Fund for installing the Trunk Line, Force Main and Lift Station, as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION. Developer/Owner shall construct the Trunk Line, Force Main and Lift Station in compliance with the City's UDC and under the plans and specifications approved by the City's Development Services Engineer. 2. PLANS AND SPECIFICATIONS. a. Developer/Owner shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the Trunk Line, Force Main and Lift Station, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following basic design: 1. 1 Lump Sum General Conditions 2. Mobilization 3. Install one (1) Lift Station — Total flow of 470 gpm a. 8 inch diameter wet well b. (2) two each 5HP 480V Pumps c. One 6 inch Force Main 4. Install 7,040 linear feet of 6" PVC Green C-900 Force Main (DR 25) 5. Install one (1) 6" D.I. 90 Degree Bend (M.J.) 6. Install twenty (20) 6" D.I. 45 Degree Bend (M.J.) 7. Install three (3) 7 6" D.I. 22 1/2 Degree Bend (M.J.) 8. Install three (3) 6" Plug Valves 9. Install three (3) Air Release Valves 10. Install 44 linear feet of 12" Steel Casing 11. Install 75 square yards of Asphalt Repair 12. One (1) Lump Sum Tie Proposed Force Main to Existing Manhole 13. One (1) Lump Sum Twin 30" RCP with S.E.T 14. Install 900 square feet 14 7" Thick Concrete Driveway 15. Install 368 linear feet 10" PVC Gravity Line (14'-16' Cut) 16. Install 683 linear feet 10" PVC Gravity Line (12'-14' Cut) 17. Install 449 linear feet 10" PVC Gravity Line (10'-12' Cut) 18. Install 250 linear feet 8" PVC Gravity Line (10'-12' Cut) 19. Install 378 linear feet 8" PVC Gravity Line (8'-10' Cut) 20. Install one (1) 5' Diameter Manhole (14'-16' Deep) 21. Install two (2) 4' Diameter Manhole (12'-14'Deep) 22. Install one (1) 4' Diameter Manhole (10'-12' Deep) 23. Install one (1) 4' Diameter Manhole (8'-10' Deep) 24. One lump sum Pollution Prevention Plan Page 2 of 10 25. Install 2,128 linear feet OSHA Trench Protection 26. Install 84 linear feet 2" HDPE Waterline by Open Cut 27. Install 163 linear feet 2" HDPE Waterline by Boring 28. Install one (1) Water Meter 29. Install one (1) Tie Prop. 2" HDPE Waterline to Exist. Waterline b. The Trunk Line, Force Main and Lift Station must begin at the proposed manhole on the southeast corner of Old Brownsville Road and North Padre Island Drive (SH 358) and extend to proposed wastewater lift station and extend 7,040 linear feet of proposed 6 -inch wastewater force main and continue east and southeast to tie to an existing manhole. c. The plans and specifications must comply with the City's Wastewater Standards Detail Sheets and Standard Specifications. d. Before the Developer/Owner starts construction, the plans and specifications must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS. Prior to the start of construction of the Trunk Line, Force Main and Lift Station, Developer/Owner shall acquire and dedicate to the City the required additional public utility easements ("Easements"), if any, necessary for the completion of the Trunk Line, Force Main and Lift Station. If any of the property needed for the Easements is owned by a third party and the Developer/Owner is unable to acquire the Easements through reasonable efforts, then the City will use its powers of eminent domain to acquire the Easements. 4. PLATTING FEES. Developer/Owner shall pay to the City the required acreage fees and pro - rata fees as required by the UDC for the area of the Trunk Line, Force Main and Lift Station. 5. DEVELOPER/OWNER TO AWARD CONTRACT FOR IMPROVEMENTS. Developer/Owner shall award a contract and complete the Trunk Line, Force Main and Lift Station, under the approved plans and specifications, by May 24, 2017. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties and obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT. The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services and to the Development Services Engineer Page 3 of 10 by the 60th calendar day after the date of approval of this Agreement by the City Council. c. Developer/Owner fails to award a contract for the construction of the Trunk Line, Force Main and Lift Station, according to the approved plans and specifications, by the 90th calendar day after the date of approval of this Agreement by the City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the Trunk Line, Force Main and Lift Station under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Trunk Line, Force Main and Lift Station, under the approved plans and specifications, on or before May 24, 2017. f. Either the City or the Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. 9. NOTICE AND CURE. a. In the event of a default by either party under this Agreement, the non -defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non -defaulting party may pursue its remedies in this section. d. Should the Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Developer/Owner, at the address stated in section 11, of the need to perform the obligation or duty and, should the Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Developer/Owner by reducing the reimbursement amount due to the Developer/Owner. e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this Agreement and charge the cost of such performance to the Developer/Owner. The Developer/Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer/Owner receives notice of the cost of performance. In the event the Developer/Owner pays the City under the preceding sentence and is not otherwise in default under this Page 4 of 10 Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer/Owner has all its remedies at law or in equity for such default. 10. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 11. NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: 1. If to the Developer/Owner: Peterson Properties, Ltd. attn: Patricia Peterson Nuss, Christy Peterson Brown and James D. Peterson 5830 McArdle, Suite 201 Corpus Christi, Texas 78412 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 Page 5 of 10 b. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change the address for notices by giving notice of the change under the provisions of this section. 12. THIRD PARTY BENEFICIARY. Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Trunk Line, Force Main and Lift Station, contracts for testing services, and contracts with the contractor for the construction of the Trunk Line, Force Main and Lift Station must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS. Developer/Owner shall, before beginning the work that is the subject of this Agreement, execute a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bonds must comply with Texas Government Code, Chapter 2253. 14. WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of the Trunk Line, Force Main and Lift Station and the construction of the Trunk Line, Force Main and Lift Station for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services and Development Services Engineer. 15. REIMBURSEMENT. a. Subject to the conditions for reimbursement from the Sanitary Sewer Trunk System Trust Fund and the appropriation of funds, the City will reimburse the developer, the reasonable actual cost of the Trunk Line, Force Main and Lift Station up to an amount not to exceed $911,341.24 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. The City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30 days from the date of the invoice. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement Exhibit 5. c. To be eligible for reimbursement, the work must be completed in a good and workmanlike manner and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. d. In the event that this Agreement is terminated by the City as a result of an uncured default by the Developer/Owner and at a time when there has been a partial completion and/or partial payment for the improvements, then the City shall only reimburse the Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that the uncured default occurred. 16. INDEMNIFICATION. DEVELOPER/OWNER SHALL FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, OFFICIALS, EMPLOYEES, AND AGENTS ("INDEMNITEES") FROM AND AGAINST Page 6 of 10 ALL SUITS, CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, EXPENSES, LIABILITY, DAMAGES AND JUDGMENTS RECOVERED FROM OR ASSERTED AGAINST CITY FOR ANY AND ALL PROPERTY DAMAGE OR INJURIES SUSTAINED BY ANY PERSON, INCLUDING WITHOUT LIMITATION, WORKERS' COMPENSATION, PERSONAL INJURY OR DEATH, ARISING FROM OR INCIDENT TO, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION OF THE TRUNK LINE, FORCE MAIN AND LIFT STATION. 17. COVENANT RUNNING WITH THE LAND. This Agreement is a covenant running with the land, to wit: Westpoint Crossing, Block 1, Lots 1 & 2, a subdivision in Corpus Christi, Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer/Owner's successors or assigns. 18. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. 19. DISCLOSURE OF INTEREST. Developer/Owner agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Interest form attached to this Agreement as Exhibit 6. 20. EFFECTIVE DATE. This Agreement becomes effective and is binding upon and inures to the benefit of the City and the Developer/Owner and their respective heirs, successors, and assigns from and after the date of final execution by all parties. 21. AUTHORITY. The person signing this Agreement on behalf of each of the parties represents, warrants, and guarantees that they have authority to act on behalf of the party and make this Agreement binding and enforceable by their signature. EXECUTED IN ONE ORIGINAL this day of , 20_ Page 7 of 10 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Dan McGinn City Secretary Interim Director of Development Services THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Rebecca Huerta, City Secretary, for the City of Corpus Christi, Texas, and acknowledged before me on the day of 2016. Notary Public, State Of Texas THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Dan McGinn, Interim Development Services Director, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 2016. Notary Public, State Of Texas APPROVED AS TO FORM: , 2016. Assistant City Attorney For the City Attorney Page 8 of 10 STATE OF TEXAS COUNTY OF § § § OWNER: Peterson Properties, Ltd., a Texas Limited Partnership By: Patricia Peterson Nuss, General Partner This instrument was acknowledged before me on , 2016, by Patricia Peterson Nuss, General Partner, Peterson Properties, Ltd., a Texas Limited Partnership, on behalf of said partnership. STATE OF TEXAS COUNTY OF § § § Notary Public's Signature OWNER: Peterson Properties, Ltd., a Texas Limited Partnership By: Christy Peterson Brown, General Partner This instrument was acknowledged before me on , 2016, by Christy Peterson Brown, General Partner, Peterson Properties, Ltd., a Texas Limited Partnership, on behalf of said partnership. Notary Public's Signature Page 9 of 10 STATE OF TEXAS COUNTY OF OWNER: Peterson Properties, Ltd., a Texas Limited Partnership By: Patricia Peterson Nuss, General Partner This instrument was acknowledged before me on , 2016, by James D. Peterson, General Partner, Peterson Properties, Ltd., a Texas Limited Partnership, on behalf of said partnership. Notary Public's Signature Page 10 of 10 Notes' 1.) Total platted area contains 35.41 acres of land. (Includes Street Dedication) 2.) The receiving water for the storm water runoff from this property is the Oso Creek. The TCEQ has not classified the aquatic life use for the Oso Creek. but it is recognized as an environmentally sensitive area. The Oso Creek flows directly into the Oso Bay. The TCEO has classified the aquatic life use for the Oso Bay a*exceptional" and "oyster watere" and categorized the receiving water as "contact recreation` use. 3.) Bearings based on CPS, NAD83, State Plane Coordinate System, Texas South Zone 4205. 4.) By graphic plotting only, this property is in Zone "C" on Flood Insurance Rate Map, Community Panel No. 485464 0165 C, City of Corpus Christi, Texas, which bears on effective date of July 23, 1971 and is not in a Special Flood Hazard Area. 5.) If any lot is developed with residential u ompliance with the open space regulation will be required during the build ng permit phase. 6.) Wastewater improvements provided by service agreement, filed and recorded in Document No Official Public Records of Nueces County, Texas. State of Texas County of Nueces, Peterson Properties, Ltd.. a Texas Limited Partnership, hereby certifies that it is the of the lands embraced within the boundaries of the foregoing plat: that it hashad said lands surveyed and subdivided as shown: that streets shown ore dedicated in fee simple, to the public use forever, that aasols as shown are dedicated to the public use for the installation, operation and a of public utilities; one that this mop was mode for the purpose of description and dedication. This the day of 20 0y Ry Patricia Peterson Nuss, General Partner Chris Ann Peterson Brown, General 00010¢1 By. James D. Peterson, General Partner State of Texas County of Nueces Th. instrument was acknowledged before me by Patricia Peterson Puss, Chris Ann Peterson Brownaes d JamD. Peterson, as General Partners of Peterson Properties. Ltd.. a Texas Limited Partnership, on behalf of said partnership. This the day of 20 - Notary Public In and for the State of Texas YAR - 9 2016 D PLANNING COMMISSION Plat of Westpoint Crossing Block 1, Lots 1 and 2 3541 Acres of Land being portions of Lots 9 through 11, and portions of Lots 14 through 15, Section 5 Range 1411, of the Cugenheim & Cohn's farm Lots, a Map of which is recorded in Volume A Page 54 Map Records of Nueces County, Texas, Accts 1-9 2-9 3-8 and Tract 9 MM Gabriel Land, o map of which is recorded in Volume 2, Page 22, Misoe/loneous Mop Records of Nueces County, Texas a 9.980 Acre Tracy described as Tract 11 conveyed in a warranty deed from Patricia Roy Peterson /hiss to Peterson Properties, LTD., a Tema limited partnership recorded in Document Number 837113, Officio/ PutBc Records of Nueces County, Texas, a 2.083 Acre Tract conveyed in a warranty deed from Page 2. Gabriel and wife, Virginia Ma Gabriel to Gulfway Shopping Center Inc. recorded in Volume 1310, Page 177, Deed Records of Nueces County, Texas, and all of a 0.446 Mrs Tract conveyed in a Warranty Deed from 2.7 Gabriel and lee, Wanda Gabriel to Roy Peterson recorded in Volume 904 Page 352, Deed Records of Nueces County, Tera. State oTexas County of Nueces 15is final plat of the herein described property was approved by the Department of Development Services of the City of Corpus Christi, Texas. This the day of 20 Ratna Poltumu00, PE, DEED AP Development Services Engineer State of Texas County of Nueces Thee final plat of the herein described property was approved on behalf of the City of Corpus Christi, Texas by the Planning Commission. This the day of 20 Daniel McGinn, Interim Secretary Philip J. Ramirez, 0.1A., LEER AP, Chairman State of Texas County of Nueces I. Kara Sands, Clerk of the County Court In and for said County, do hereby certify that the foregoing instrument dated the _ day of 20 with its certificate f authentication w flied for record in my office the _ day of 20 At O'clock _____ and duly recorded the _ day of 20 at _ O'clock _A., In said County In volume - Page Map Records. 1Ntnes0 my hand and seal of the County Court, In and for sold County, at office in Corpus Christi, Texas, the day and 0500 lost written. riled far Record at 0'c10ck 20 Karo Sands. County 016rk Nueces County, Texas By Deputy State of Texas County of Nueces I, James D. Carr. a Registered Profe®ianal Land Surveyor for Urban Engineering, have prepared the foregoing map from aey made on the ground under my direction and is true and correct to the hest of my knowledge, irvnformation a en belief; I have beengaged under contract to set all Lot and Block comers s shown herein and and complete such operations with due and reasonable diligence consistent with sound professional practice. This the _ day of 20 James. D. an, R.PLS. Texas License No. fi45B LE'URBAN\SCAL January 27, 2016 SCALE: ,•_,DO• ENGINEERING JOB NO.: 40706.86.00 ` www 00 w.ww 11 EPoems SHEET: 1 of 2 / DRAWN BY: %G Exhibit 1 Page 1 of 2 Plat of Westpoint Crossing Block 1, Lots 1 and 2 3541 Acres of Land being portions of Lots 9 through 11, and portions of Lots 14 through 15 Section 5, Range 98 of the Gugenheim & Cohn's FOIM LotS, o Map of whiell is recorded in 5 Warne A, Page 53 Map Records of Nueres C01/550 Texas,_ Tracts 1-5 2-8, 3-5' and Trost 6, U.M. Gabriel Land, e rsaP of which 10 recorded in Volume 2, Page 25 Miscellaneous Mop _Records of Musses Coun0,, Texas, a 0.985 Acre Tract described as Tract conveyed in a warranOt deed from Patricia Roy Peterson Noss to Peterson Properties, L772, a Texas lirnited partnership recorded in Document Number 837113, Official Public Records of Nueces CounOt, Texas, a 2.083 Acre Tract conveyed in a worronty deed f IOM Page J. Gabriel and wife, Virginia Mae Gabriel to Gulfway Shopping Center Inc. recorded in Volume 1310, Page 17Z Deed Records of Nueces Counfr, Texas, and all of a 0.446 Acre Tract conveyed in a Werra* Deed from J.V. Gable/ and wife, Wanda Gabriel to Ray E Peterson recorded in Volume 903 Page 352, Deed Records of Nueces Cour*, Texas. LMIS - 9 h16 PLANNING COMMISSION (8800) micrid5 • Fd. 5/8 irech iron rod ivith red plastic cop stamped 'Urban Engr C.C. Tx. 0 gel 5/8 inch iron rod isith red plastic Pap stomped Engr C.C. Tn. O Found TOOT Monument Moo 5 • Found 2 1/2 MCP Iron 088 - 011getttlettil Cohnis Farm Lots - Gabriel Lands Tracts 1.642 Acres -h-nool e1E uneAr.eDATE: January 27. 2016 Ariu F. 1*=100. ENGINEERING JOB NO.: 40705.85.00 unTwrTi'"=7.7.,:lrt„„, SHEET: 2 of 2 4A. ^....,-.. A.A.A,A. .A DRAWN BY: 00 ,,,,,....,..A.........,...,,o,,,,Am.,.,. Exhibit 1 Page 2 of 2 4 APPLICATION FOR WASTE WATER REIMBURSEMENT We, Peterson Properties, Ltd., a Texas limited partnership, whose address is P.O. Box 8229, Corpus Christi, Texas 78468, owners and developers of proposed Westpoint Crossing, Block 1, Lots 1 and 2, hereby request reimbursement of $ 911,341 24 forthe installation of the waste water 8" and 10" PVC SDR26 sanitary sewer pipe in conjunction with said lot, as provided for by City Ordinance No. 17396. $246,351.45 is the construction cost, including 11.5% Engineering and Surveying, as shown by the cost supporting documents attached herewith. Patricia Peterson Nuss General Partner THE STATE OF TEXAS § COUNTY OF NUECES )„ This instrument was acknowledged before me on �'� h Lc Patricia Peterson Nuss, General Partner of Peterson Properties, Lt a Texas limited artnership, on behalf of the said partnership. Dat , 2016, by Notkr ublic in and • r the State o Texas Chris rson Brown General Partner 47' ?i Date THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on c1/t. 2016, by Chris Ann Peterson Brown, General Partner of Peterson Properties, Ltd., a Texas limited partnership, on behalf of the said partnership. JUANA JEAN BARTON My Commission Expel June 3. 2017 ► bln and for the ` tate of Texas Exhibit 2 Page 1 of 4 J: - r . Peterson Ge Partner 3 Da [ay,“,otni F. THE STATE OF 3ggFE § Seti,A-o. '26W,r b COUNTY OFAIIMW § This instrument was acknowledged before me on hi-a-rG� y it/ , 2016, by James D. Peterson, General Partner of Peterson Properties, Ltd., a Texas limited partnership, on behalf of the said partnership. CARLOS ALBERTO ARREOLA R0911I09E2 Commission it 2110218 Holary Public - Calilertaia Santa Barbara County My Comm, Explras Jul 4.2019 s Mow i:a V -n L(' I Public i(and for the State ofd 6aSt CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) Sufficiency of funds in the Collection Line Trust Fund, and (b) Appropriation and approval by the City Council. Development Services Engineer (Date) Exhibit 2 Page 2of4 APPLICATION FOR WASTE WATER CREDIT We, Peterson Properties, Ltd., a Texas limited partnership, whose address is P.O. Box 8229, Corpus Christi, Texas 78468, owners and developers of proposed Westpoint Crossing, Block 1, Lots 1 and 2, hereby apply for $55,629.11 credit towards the waste water acreage fee for the waste water 8" and 10" PVC SDR26 sanitary sewer pipe in conjunction with said subdivision as provided for by City Ordinance No. 17396. $246,351.45 is the construction cost, including 11.5% Engineering and Surveying, as shown by the cost supporting documents attached herewith. Tui Patricia Peters Nuss Date General Partner THE STATE OF TEXAS § COUNTY OF NUECES This instrument was acknowledged before me on3 , 2016, by Patricia Peterson Nuss, General Partner of Peterson Properties, Ltd., a Texas limited partnership, on behalf of the said partnership. JUANA JEAN BARTON My Commission Expires f June 3, 2017 44, Public in anor the State of Texas Chris Ann Peterson town General Partner 3 3 Date THE STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on 6VLLil 3 2016, by Chris Ann Peterson Brown, General Partner of Peterson Properties, Ltd., a Texas limited the said partnership. JUANA JEAN BARTON My Commission Expires June 3, 2017 Public in an r the State oftexas Exhibit 2 Page 3 of 4 Peterson ral Partner Date LcrIL. �. THE STATE OFA § COUNTY OF %tbu•lu4§ This instalment was acknowledged before me on Mixi.. L -tL , 2016, by James D. Peterson, General Partner of Peterson Properties, Ltd., a Texas limited partnership, on behalf of the said partnership. taffy Publictn and for the State of Milk Litaictw. & Exhibit 2 CARLOS ALBERTO ARREOLA RODRIG1JEZ Commission M 2111248 i Holm Public - Cdllornls Santa Batbali County My Comm. Esplles Jo14, 2019 Page 4 of 4 CONSTRUCTION PLANS FOR WEST POINT CROSSING SANITARY SEWER IMPROVEMENTS CORPUS CHRISTI, TEXAS CORPUS CHRISTI BAY ENGINEER: URBAN ENGINEERING CONSULTING ENGINEER 2725 SWANTNER ST. CORPUS CHRISTI, TEXAS, 78404 PROJECT LOCATION MAP SCALE: N.T.5. Exhibit 7 SHEET INDEX SHEET NO. DESCRIPTION I. TITLE SHEET AND INDEX 2. BASIS OF DESIGN J. KEY MPP 4. AREA MAP FOR FORCE AWN 5. FORCE MAIN PUN AND PROFILES STA. 0+00 THRU STA 8+00 6. FORCE MAIN PLN AND PROFILES STA 8+00 THRU STA ,B+00 T. FORCE MAIN PLN AND PROFILES STA. 18+00 THRU STA. 26+00 B. FORCE MAIN PLN AND PROFILES STA 28+00 THRU STA. 38+00 9. FORCE MAIN PLAN AND PROFILES STA. 38+00 THRU STA 48+00 10. FORCE MAIN PLN AND PROFILES STA. 48+00 THRU STA 58+00 11. FORCE MAIN PLN AND PROFILES STA. 58+00 THRU END 12. UR STATION SITE PIAN 13. UFT STATION DIMENSION PIAN 14. UFT STARON SECTION AND DETAILS IS UR STATION ELECTRICAL 16. AREA MAP FOR GRAVITY SANITARY SEWER 12. GRAVITY SEWER PIAN AND PROFILES STA. 0+00 THRU STA. 20+00 18. GRAM SEWER PIAN AND PROFILES STA. 20+00 THRU END 19. WATER SERVICE PUN THE FOLLOWING TZDOT STANDARDS SHEETS SPECIFICALLY IDENTIFIED BELOW HAVE BEEN SELECTED BY ME OR UNDER MY RESPONSIBLE SUPERVISION AS BEING APPLICABLE TO THIS PROJECT. 20. SAFETY END TREATMENT PE CORPUS CHRISTI PNY STANMROS MTAll5 CITY STANDARDS SANITARY SEWER CITY STANDARDS SANITARY SEWER (2) CITY STANDARDS SANITARY SEWER (J) CITY STANDARDS SANITARY SEWER (4) COY STANDARDS SANITARY SEWER (5) CRY STANDARDS WATER .TAILS CITY STANDARDS WATER DETAILS (2) CITY STANDARDS WATER DETAILS (3) CITY STANDARDS WATER DRAWS (4) TY STANDARDS WATER DETAILS (5) Digitally signed by Rana Yottumutbu, CEyL4 Corpus Christi, EXISTING UTILITIES SHOWN ARE FOR REFERENCE ONLY. CONTRACTOR SHALL VERIFY HORIZONTAL AND VERTICAL LOCATIONS IN THE FIELD PRIOR TO CONSTRUCTION. BY :"P'16,7 MURRAY F. HUDSON, P.E. CALL BEFORE YOU 00! MI IC URBAN I ENGINEERING JOB NO. 40706.B4.01 DATE: MARCH 2015 1 of rnOF 20 i / �I. 58.11 ac. PHASE I ' LFT STATION it" jt 7.03 ac.— i' _a It it 45.00 ac. ♦• a/ ♦ - PHASE f \�� 14.94 eo.♦♦� SERVICE ; • • ^♦ • tc1 ♦♦ r ♦ ♦ a t t t'I clwxaEo ToS‘ 21.31 ac. ♦s .' PHASE I =1 \ 1S(1/ ---SERVICE AREA /.."01‘ Barr l14 pc. PHASE 1 ♦ a 1 EI LFT STATION ♦, L \ 8.75 as I '‘ 8.14 ea. I • s.I O _ME - MOM MMS =G� N r 72.35 ac. BASIS OF DESIGN Fxhihit 7 West Point Area - Phase !Lift Station Flow Calculations 44 30 ,00 Phase 111.1ft Ratan Flow Caleulatlons Aer0153 La Um 43x13lrm100011 rw am vnnemla 310 9 I 3011 CommertIal 35 lee 111111 1 1 NOTE: LAND USE ASSUMPTIONS ARE IN ACCORDANCE WITH FUTURE LAND USE MAP AND WASTE WATER FLOWS ARE FROM UN—ADOPTED WASTE WATER MASTER PLAN FOR SUBJECT AREA. PHASE I LIFT STATION (INTERIM): 8' DIAMETER WET WELL 2 EA. 5HP 480V PUMPS 1-6" FORCE MAIN PHASE I LIFT STATION (FUTURE): 8' DIAMETER WET WELL 2 EA. 35HP 480V PUMPS 1-6" FORCE MAIN NOTE: CURRENT DEVELOPMENT PLANS ONLY COVERS SOUTH EAST CORNER OF OLD BROWNSVILLE ROAD AND S.P.I.D. WHICH WILL FACILITATE CONSTRUCTION OF PHASE I LIFT STATION. FUTURE DEVELOPMENT WILL DICTATE NEED AND TIMING FOR CONSTRUCTION OF PHASE II LIFT STATION. • CALL BEFORE YOU 010! T0,0 —010-001-51511 Digitally sla ed by Patna ap Chnstl I ImSa m LEGEND IIx MOT afseoaPL PmuP uasm icsowlw I= war mvmaw I I �5feLE Psagg 5 BASIS OF DESIGN Z Z W �y Z_ Ii C7 7Z W • SHEET 2 OF JQ fool 2O'9,,y Digitally signed db A Rana n nu, 9�4 A eaa st XPi a _ WESTPROPOSED ROAD FORCE o �- AREA MAP — PROPOSED GRAVITY SYSTEM AND PROPOSED FORCE MAIN 5, 300 Exhibit 9 PROPOSED GRAM WPM' SEWER • FROPOSED ▪ LOW DIRECTION AR 1.1101.E 11.14-05.00. CALL BEFORE YOU OIG! MOVILAWN GOWN, ��ae� zao 11111111 a 2 W 3 OF 1.4 .r� Pamdawii ^4a SHEE a' <ytip o� pP — � WEST PO NI i ROAO Y SHEET 7 SHEET 8 SHEET 9 I Al 444 WI It lir aa` mI Or min imam a mow so sr. =MIAimME::MNNM MEM �M M� �� M ria =ME MI= MEM MEM M MI=MIMI=MI NM MEM MI MEM MEM MI um MNI= =NM MEM MUM MMI =IN MEMMEM MEM M� MUM MEM == MIMI MI MEM 1=1MUNI MUNIMEM MEM .� .0 C. M Z. ZMIME pm ► lC 11116 a. naly:goed by Rana S.Pottumalw, naS. o,LlevebPment a, Corpus Chris% MEND - PROPOSED FORCE WIN —59— PROPOSED DRAM MOM' SEM ma man ME NMI NM IMM 1 XI1 SHEET AREA MAP - PROPOSED FORCE MAIN Exhibit 7 CALL BEFORE YOU DIC! 669-.4 f 1111111 01111111 SHEET 4 o JOB O. 8 ct Ciwwtypptt��f ar it °Z17.== Digitally signed by Ratna S. Pottumuthu, P.E. DN: cr=Ratna S. Pottumuthu, o=Development Services, ou=City of Corpus Christi, email=atnap@cctcxas.com, (=US Date: 2015.642411:1249 -0550' Portia- F.c [11111111 /11111111 w J O O SCO d Z ~ 604 Q 2 d 1_ Z O Q + � O w1- = N 0 LL o 24 40 PLAN VIEW NPR: ALL. PROPOSED SANITARY SEWER FORCE AWN SHALL BE MEN, PVC C-900 12B$1 PRE550RE CLASS 165. SEE FORCE AWN PIPING SPECIFICATION FOR ADDITIONAL INFORMATION. PLAN VIEW LEGEND gni ?ionfAra.55,Er cxnnwwnmr vuvc �� c CALL BEFORE YOU DIG! aamigata dffi�. -mow& 811 1-2C0- d14.1 0+00 1.0 4+00 5 00 PROFLE VIEW a< m_`'Fvhihi4 7 6 00 0+00 EXISTING U ILRIES SHOWN ARE FOR REFERENCE ONLY. CONTRACTOR SHALL VERIFY HORIZONTAL AND VERTICAL LOCATIONS IN THE FIELD PRIOR TO CONSTRUCTION. imillam mlmi f\MCA09 i mamiamma imomaumm -_���__ IMI 1.E''-------'3F13IIIMM, Ef_11M------_.M 8 ct Ciwwtypptt��f ar it °Z17.== Digitally signed by Ratna S. Pottumuthu, P.E. DN: cr=Ratna S. Pottumuthu, o=Development Services, ou=City of Corpus Christi, email=atnap@cctcxas.com, (=US Date: 2015.642411:1249 -0550' Portia- F.c [11111111 /11111111 w J O O SCO d Z ~ 604 Q 2 d 1_ Z O Q + � O w1- = N 0 LL o 24 40 PLAN VIEW NPR: ALL. PROPOSED SANITARY SEWER FORCE AWN SHALL BE MEN, PVC C-900 12B$1 PRE550RE CLASS 165. SEE FORCE AWN PIPING SPECIFICATION FOR ADDITIONAL INFORMATION. PLAN VIEW LEGEND gni ?ionfAra.55,Er cxnnwwnmr vuvc �� c CALL BEFORE YOU DIG! aamigata dffi�. -mow& 811 1-2C0- d14.1 0+00 1.0 4+00 5 00 PROFLE VIEW a< m_`'Fvhihi4 7 6 00 0+00 EXISTING U ILRIES SHOWN ARE FOR REFERENCE ONLY. CONTRACTOR SHALL VERIFY HORIZONTAL AND VERTICAL LOCATIONS IN THE FIELD PRIOR TO CONSTRUCTION. 0 �$ ',r w'gcroeF . BY ,.., rewsm,uwr IM . „rom sgnedn,Patna s. 1 vsTy1 acWscn.Ke �., �v�ro3.'� �., Date: WEST PONT ROAD 8.8 888 PLAN VIEW NEE: ALL PROPOSED SANITARY SEWER FORCE AWN SHALL BE 6@1, PJC 0-900 0525, PRESSURE CLASS 165. SEE FORCE AWN PIPING SPECIFICATION FOR ADDIRONAL INFORMATION. • CALL BEFORE YOU DIG! MOON Irti SIAR 87888, .30.1188. COVER 28 PROPOSED 8. EOM 8800 10+00 13+00 1.188 PROFLE VIEW :"'vhihi+ 7 15. 16 00 17 00 EXISTING UTILITIES SHOWN ARE FOR REFERENCE ONLY. CONTRACTOR SHALL VERIFY HORIZONTAL AND VERTICAL LOCATIONS IN THE FIELD PRIOR TO CONSTRUCTION. 18+00 arua..Fi 5 0 9 LLI CC 19 • CO CC Z" z -Luc' re z 7w 1 SHEET 6 OF 2Q f .a Digitally signed by Rana 5. Pottumuthu, P.E. telopme,rcmmumu, Services, ucity of Corpus Christi, maikratnappcctexas.com PLAN VEW SCALE 1.060. ICE: AIL PROPOSED SANITARY SEWER FORCE AWN SHALL BE SIREN. PVC C-900 12825PRESSURE CLASS 165. SEE FORCE WIN PIPING SPECIFICATION FOR AODIDONAL INFORMATION. LEGEND Ewa EOSTINC WATER VALVE 15''Ir. EASEMENT N.E)UGRIC STORMDOMINO ORMAGE DITCH ROW UNE CALL BEFORE YOU DIO11 ME MC SOP 18.00 21.5 22 00 23 00 PROFLE VIEW Fiftr 2.00 25 00 28 00 EXISTING UDLRIES SHOWN ARE FOR REFERENCE ONLY. CONTRACTOR SHALL VERIFY HORIZONTAL AND VERTICAL LOCATIONS IN THE FIELD PRIOR TO CONSTRUCTION. 37 00 SHEET 7 OF _2,S1 Pao -741f a°, MIEMIMITEM 1111=1; Eilliaireo I .5•11M11 0 IMIL Lffl/IIN��— 01 - ' 1.1K\�'..�UAL-- . . . - ----� N MM11111111M5711Mlb•- I- -K- \ EllingI/--6—his------- 0 -144. 'Et? ,AI.• __ _. T511M1 I– M Irna�:,, •,�-.+,t.�+r=-ae- itil?tom------ a 18.00 21.5 22 00 23 00 PROFLE VIEW Fiftr 2.00 25 00 28 00 EXISTING UDLRIES SHOWN ARE FOR REFERENCE ONLY. CONTRACTOR SHALL VERIFY HORIZONTAL AND VERTICAL LOCATIONS IN THE FIELD PRIOR TO CONSTRUCTION. 37 00 SHEET 7 OF _2,S1 Pao -741f a°, PLAN VIEW BM ALL PROPOSED SWART SEWER FORCE MAIN SHALL BE MEE PVC C-900 ThR25. PRESSURF CLASS 199. SEE FORCE MAIN PIPING SPECIFICATION FOR ADDRIONAL INFORNADON. 1.EGEISD ?, =L `— RCS KIE,To s" """ alTa "" ETZ =MA.. EASOAEXT (U.E.) 'Pg& E"11 EN112 CAS UNE 1.12111 MER OPIC .13LE UNE ENZ Eranz-,-.ErIE METING MINIM, ELECTRIC, CAI! BEFORE YOU DIG! 147217=1: mimeo •••••••1101no. IXE LORE SIM Sis ,..0.0,0706,11.01,PUNS,107.0813001_11.10,P1.1,5..p...e.mod er Cr, , PROFILE VIEW Fmk 14fiff' rEXISIING UTILMES SHOWN ARE FOR REFERENCE ONLY. CONTRACTOR SHALL VERIFY HORIZONTAL AND VERTICAL LOCATIONS IN THE FIELD PRIOR TO CONSTRUCTION. 5 d. Zz ul wffi z6 I I 011 FE1 SHEET 8 OF1Q JOB Pcjaa-R-4-4 7ig93' EXISIINC MOE ,,,,, ,,,,,,,, , ,,,,,,,,,,,,,, —,,,,,,,,,,,,,, , • , ,,,,,,,,,,, ,77,,,,,,,,,,,,, .7,,,,,,,,,,,,,,,, 30. 10N. COMER 0 C, \ 32 • CO CO PROP02£0 fr Iv. ..e 1-- 20 28 W 7 I— ..0 I— § M 20 20 Sis ,..0.0,0706,11.01,PUNS,107.0813001_11.10,P1.1,5..p...e.mod er Cr, , PROFILE VIEW Fmk 14fiff' rEXISIING UTILMES SHOWN ARE FOR REFERENCE ONLY. CONTRACTOR SHALL VERIFY HORIZONTAL AND VERTICAL LOCATIONS IN THE FIELD PRIOR TO CONSTRUCTION. 5 d. Zz ul wffi z6 I I 011 FE1 SHEET 8 OF1Q JOB Pcjaa-R-4-4 7ig93' Digitally signed by Ratna S. Pottumuthu, P.E. th DN: cn=Rama S. egR Pottumuthu,P.E., . o\ D velapment Services, F.... City of Corpus Chrsti,. ail=ratn apacctexas.co Date: 015.04.2411:22:53 PLAN VEW N07E: ALL PROPOSED SANITARY SEWER FORCE MAIN SHALL BE GREEN INC 5-900 5625 PRESSURE CLASS 165. SEE FORCE MAN PIPING SPECIFICATION FOR ADDTOONAL INFORMATION. I EGEND MEMO MIER VALVE FTZE w xl REIg MISTING OMR OMIC CAME UNE MING OVERHEAD ELECTRICAL CALL BEFORE YOU 0/0! IrEffrim AT 1-eib-665-831. 10 PROFLE VIEW P3diffilf9 EXISTING UTILRIES SHOWN ARE FOR REFERENCE ONLY. CONTRACTOR SHALL VERIFY HORIZONTAL AND VERTICAL LOCATIONS IN THE FIELD PRIOR TO CONSTRUCTION. Z" z 65 W W Z 710 1 1 1 9 OF1Q P 4-4f100 OnoPO4Lw It M-600 six owo lii\�P.vti nutmm ... .. .� • u4 \Pn�....me CA ;a• m CO y + non MMED m 7 = PROFLE VIEW P3diffilf9 EXISTING UTILRIES SHOWN ARE FOR REFERENCE ONLY. CONTRACTOR SHALL VERIFY HORIZONTAL AND VERTICAL LOCATIONS IN THE FIELD PRIOR TO CONSTRUCTION. Z" z 65 W W Z 710 1 1 1 9 OF1Q P 4-4f100 oI S?' CO CO rn gl §I NORTH PADRE ISLAND DRIVE , DigRallysigned byxama S. Yolturtattl, Ilttcn,Natna S. ou,ityolCorpusChnsti, email=ratna wm:m.wpcctexas z 01123,12 ACCESS ROAD r`7.7 mx.0 0 a PLAN VEW 1 6Q7E: ALL PROPOSED SANITARY SEWER FORCE NNN SHALL BE C$EEH. PVC C-900 DB25, PRESSURE CLASS 165 SEE FORCE MAIN PIPING SPECIFICATION FOR ADDIPONAL INFORMATION. LEGEND Rat NErnInggr NG MIEN UNE NG SWART SEWER POSED FOTE NEM ringOnglInt'K .nnlon ORN.GEZORGN FLOW UNE CALL BEFORE YOU 010! 1-800-694 Sep PROFLE VEW scTiggi it 2 EXISTING UTILGIES SHOWN ARE FOR REFERENCE ONLY. CONTRACTOR SHALL VERIFY HORIZONTAL AND VERTICAL LOCATIONS IN THE FIELD PRIOR TO CONSTRUQTION. 40 -ca Z" Z W W Z 0 7W SHEET 10 or2Q f .a °a, z rxaiixs caoP PLAN VIEW NQIE: 411 PROPOSED SANITARY SEWER FORCE MAIN SHALL BE GREEN. PVC C-900 GB21 PRESSURE CLASS I65,. SEE FORCE MAIN PIPING SPECIF1CA71ON FOR ADDR1ONAL INFORMATION. EXISTING UTILITIES SHOWN ARE FOR REFERENCE ONLY. CONTRACTOR SHALL VERIFY HORIZONTAL AND VERTICAL LOCATIONS IN THE FIELD PRIOR TO CONSTRUCTION. LEGEND 0FEZ "ao' A — WATER UNE 0.10.1 raec ,1 STOP 50.5 LIRE ELECTRICAL ND arc Digitally signed by Ratna 5. Pottumuthu, P.E. DN: cn=Rain 5. Pottumuthu, PE, o=Development Services, oudity of Corpus Christi, email=ratnap@cctexas.co r -U5 Date: 2015.04.241123:32 -05 oD CALL BEFORE YOU 010! 811 Ar 30+00 50+00 327. 60+00 81+00 .00 63,00 PROFLE VIEW FIchillif 2 66+00 07+00 Z" Z w w z 7w ° 11 OF ZQ Patio 44 -cif AZ awrFt lArSrd SWIM -qls �.,�, �, �� ar ar. ,III II 311013 CONNECTOR 26 II z Z I I = za S. I :a sp o 20a 30+00 50+00 327. 60+00 81+00 .00 63,00 PROFLE VIEW FIchillif 2 66+00 07+00 Z" Z w w z 7w ° 11 OF ZQ Patio 44 -cif AZ DoNaeW 1.£%^•ro 12 0F2Q 3 CONTRACTOR 15 RESPOMBIE FOR MAMMON OF WV DRNMAY mum COORDMIE WEN INIUMEIMAN Tozrema fA' SFA, DFTAII NFW CONC TO NF CONC O. TO INSTA11 ARDN STFPs. OF ME gam A DEM. EOM TO T•C0 OFWE GP RuSEAL PROPOSED ' METER SANITARY SEIMR IAANKAE A-1 fgA 5len no ass twN a ONE NAN. GRAM IDIOM uo muo �o¢ne'x 1 SECURE ••••Srw¢ /MERE TO TNE . OF GP SEAL SENT P Wvwnr ••••u MOUE MM.! OR vA ANT SEMI.. U., IMPROPER COMCOMM WY MISE 01X.0 OP MEMDAS CONCUR SWAN 331 E won RACK SPROPOSED WOOD MKT awn WIREar nc NOR TIRE M P� l/ 3 i — EOM GS UNE SHEET NOTES/ IS PROVIDED. 10. PROPOSED ROW METER SP.ISOR. Rotnr SHAWL TO SCAD MN PANEL CALL BEFORE YOU DIC! STIR EXISTING YTILTIIES SHOWN ARE FOR REFERENCE ONLY. CONTRACTOR T LOCATIONS IN THF EL �RI{HORIZONTAL CONSTRUCTION. � .9 VERTICAL Dahostuatir Digitallysign•d by aatna S. -CM of Corpus Christ,ssco Date. 2015.0,20 112355 THINGS TO AVOID• DUMB, KAMMe1. ava. MS. COND. WADE CONOME WE MOT .046 INF GP SELL SCRM RAL.°110, TE ONCREIE REINFO oCE}. WNTT OFTAII -ENERu N0FOR ON RET EN PA YT I. ALL REINFORCING STEEL LAPS SHALL BE 30 EARS OMETE: .FRE 11,E RONFORCIND SI._ IS NOT TO BE COMTINNOUS. GRADE , CVSS 25 USES TAG AND O. WM BE USED IN ALL CON:AC,„1.1 REINFO NG STEEL WALL BE SUPPORTED CURING CONSTRUCEON ETE FOR ALL B. BLOCK CURB MALL SE Fxhihit 2 Mian¢ MEM PROPERTY UNE eas.c MIRY - RO oWO uam;� EXISTING UTILITIES SHOWN ME FOR REFERENCE ONLY. CONTRACTOR SHALL VERIFY HORIZONTAL AND VERTICAL LOCATIONS IN THE FIELD PRIOR TO CONSTRUCTION. CALL BEFORE YOU DIG! mosey Al I- 809-669,341 z J IFT STATION DIMENSION SHEET 13 OF 2Q Pages of 2 PLAN VIEW AT GRADE ELEVATION—DUPLEX NOT TO SCALE CONCRETE PIPE SUPPORT Lr_ WET WELL TOP SLAB STEEL CONFIGURATION LEL PROPOSED LiTNOM MOOToMP n"oM � W tN epic) O TPS om a n�vu1 OnTOT). cwaa, PSC.= LP STATEN PPP •T pm) mann PUMPS . ..vv. ORME MPS To SE MT wmi, znDOOM.. 35.: "nmTel IMPELLER. /11 =CRP PIT SER-TOOD Pa EPP 1103.11 ORR/COPT ma 0.15 T) TnA Tam EPP PPM oTo3 IR ROMP OR COPP 1/2, REP SIP BE 4,ES BO ITO TED AT EP PPOIL PETRI SPJCES, ROOM ROLL CMLL"BE 11.01:40 MAT TA= SOL NOT FE 5. ILL RP PROP PPP SOLI TIE RAMP NE PRO WALL Or Di OOP opaY� �09 affilm[oRPa ROT TLog, oT. TO TO IA ILL SWOP MEL IPS Pa/ LE 11,E TIC ru AMPS xm vassm,s neu BB, SMALL g srm.e. ¢On Tuna �-K cw p -0'l iew Digitally signed by Patna S. Pottumuthu, P.E. Pottumuthu,P.E, o=Deielopment Services, ou=City of Corpus Christi, mail=ratnap( RIXas.0 orn,c=l1S Date: 2015.0929 1129:12-0,00' PEREIPATION TOMO. (TOP TT SKS maw TEMP IP WIPP Pvhihit 9 sar Pn(114.14.41 NI z 0 1-0) Q 0)1— w LL J Z ¢Q Q Z O Lu w co 14 SHEET 0 CALMED CONNECTOR 10000NG FPNFA 404/0/60+ a WWE AP ME.0 IalNsyned Iletna5. 1444.4,114Ina Pot-M.O. lopment r 44.4.44,,,,„,„,icxymRe < pus Crls0, RE ,145 TO AEP 5 ADA DONDUN COO ENCLOSUR UP.uiPPPVC (5CH 40) 4FW 4X oAR SEAL xPM PUMP ow AIM CONDUIT TRANSITION DETAL PANEL 12 - SCHEDULE 1100 AMP. LMNE oAPAD29�3:WIMfAATOIIPimC� TO AL LOAD LOAD - H45E ” 8 5 VA SERVICE: 12 /240 VAC i -PRISE, 3 YAFE 5 kVA LOAD - PRASE'' 2,025 VA SOURCE' TRWYOWE4 ME SI2E SERVICE VA .0 ERR. S. BRII. SUE VA WM IMRE S1WE 20A E 20A 1,000 SMART° 12 2,11 RECEPTALLL 20A A 10 I 20A A 204 E 20A am 16 19 20A 13 20A 22 204 TO BE KAKI= 0RK 1 ASSOCIAIEO WITH SCADA STALLSTALLBE x HP____;,SUBCONTRACTED ED TO AND PERFORMED 405Bf: Fu ss Fln_LB 1R4_42 1134_42 CONTRACTOR TO CONFIRM AND PROVIDE ALL CONDUIT AND WIRING AS REQUIRED FOR A FUNCTIONAL SYSTEM. 1 I 1 11 LASS nDl -451 RIBNNS Ih E INC. 200 UP RIVER ROAD CORPUS CHRIST, TX. 18010 (211) 242-5121 R. SCAN WORK INCLUDES NSTALA0ION OF ALL ASSOCIATED SCAM EQUIPMENT. INSTALATON OF NEW RTU AND ANTENNA INSTALLATION PUMPNNA CCOONTROL PAAU WIRWO AND TERMINATEN G NEL PLC PROGRAMMING AND UPDATING H I IND GRAPHICS AT env MONITORING STIR, SYSTEM FUNCTNIN LEST COMPLETE WAIN I YEAR WARRANTY NTV,WWIT'"' ELECTRICAL QUFWILNIffitg2 I CEPIACII OPPLES MY. 444116 saws OWPELn0 MOUNT GAS .1. F BowI. OOS 0444 RAWER QNRCNT WONT (MOT MOUNT) SH MND SHUT NOVO. 1. CONTRACTOR SHALL OBTAIN ELECTRICAL PEWIT FOR INSTARATION OF DIE NEW ELECTRICAL SERVICE TO THE PROPOSED 050 STATION SIZE 2. ONTPACIOR TO COORDINATE WITH ORE FIELTRIC COMPANY FOR THE INSTALLATION OF THE NEW 480V SIXNCE TO 1HE PROPOSED UFT STATION SITE. CONTRACTOR TO PRDWDE ALL WT1RWS AND EQUIPMENT AS REWIRED BY THE ELECTRIC COMPANY, CONTRACTOR IS RESPONSIBLE FOR ALL COSTS ASSOCIATED FOR NEW ELECTRICAL SERVICE 3. GROUND TNG SHALL 40 PER 0100 COMP0 SERVICE RA.0 IS PER ELECTRIC COAPANY REQUIREMENTS. 4. NTP65TOR TO INSTAL AWN SERVICE DISCONNECT SWTCH IN NEW 4X S.S. ENCLOSURE. 5. CONTRACTOR TO INSTALL NEW CCA TREATED ELECTRICAL EWPMEM RACK AND MOUNT ON ALL NEw EQUIPMENT WM 318 S.S. HARDWIRE. 6. ALL FASTENERS AND ANCHOR BOLTS TO BE 316 STAINLESS STEL 7. ELECTMCAL SUBCONTRACTOR TO VERIFY PRIOR TO CONSTRUCTION. 8. PROVIDE SPACE IN CONTROL PANEL FOR FUTURE SIZE 3 STARTERS. 9. PUMP CONTROL PMOL TO BE PROMO BY PUMP SUPPLIER AND INSTALLED BY CONTRACTOR. T� FLOAT SEQUENC( DIAGRAM U 4 awu0 Acv. 05 PUMP2ONE.2` D,S PUMP 1 ON REV. 21z ,5 PUMPS OFT „///„/,NMP�QAM Pacie45-(a LIFT STATION ELECTRICAL Z0 z W W z W SHEET 15 OF 2Q 300 iNiwo Pacta.AEac 0400, STA O� ST POINT ROC o,P 114' MN Illrs.4IAEN4 °31,= X0I im =► q= =� ......... MN MI MIMMEM�- -. aim min = — - -- mom -- — — mom mi= mom imEN MIN EE mum NI — CC �C - -- MC MINN MEM MM. -- : 7: — =BM= = UMC C- MEM MEM MI �M MEM EMNM= MIMIMIME M•P' 11ET FGEND - PROPOSED NY1101.3 - PROPOSE, RPM WM FIVOSED GMT' WWI 051102 Paoqtallystonedby Development nn __La— C C� C= AREA MAP — GRAVITY SANITARY SEWER Pvhihit 9 CALL BEFORE YOU DIG! r�w..aIBPAs.:3B 10313 30A 1-300-669-8344 11111111 nhluuuu' 11 H >- > Er <cc C7 w W cc Oco Mz wcc� 16 OF 7Si J.: NO. .�i01 NI fr ft „— ,_1.; �`a _ :ate . fi.< s _8�, _ � { 10. A I1. nw,.m 0 .,m u.x i PLAN VIEW LINEA' UNE 10 w 1,00. WALL MOM, I— GRAVITY SEWER LINE 'A' PLAN & PROFLE i i ! f , ill i: o E2 ce 1'=s° vwr la 0,m 1100 x m s000 s.o0 000 1140 100 1313.00 «m W --ate.. -. ,._� a ,: . w w Q I E%ISTING UTILITIES SHOWN ARE FOR REFERENCE ONLY. CONTRACTOR SHALL VERIFY HORIZONTAL AND VERTICAL v. OLD BROWNSVILLE ROAD , I ¢O > I Q 0_ ❑ al LOCATIONS IN THE FIELD PRIOR TO CONSTRUCTION. ao a ,arc I I - ❑ gP sc c1rv. 'n �.rc Saxe n e vr<uxe '-,, _ ^ Zo .— _ �sn -- Zg� o easn m 0� 101 J PLAN VIEW LINE 'A' 413. 10 -, RAM ARE REUSED FOR 424 R0 ...� m `,.rs . .•.x,. Le/ELEMENT SERVICES URBAN ENGINEERING � A 4� €E @pg_ 9g� ¢ $ � x 111 ,„e.w-. ..a/ m b. Rama S /�.. . Pottumuthu, P DN: m=Ratna 5. Pottumuthu, PE., 00 a=Development 5ervices,ou=city of Corpus Christi, email=ratnap@cctexascom, r—U5 Date: 2015.042411:2707-05'00' / R2 fps CALLBEFORE YOU DIG! 1T OF PROFILE VIEW LIE 'A' - 1 am .m x1,m m m «m pm "P+€fi f AP% :,4..4.,.10, Vona, . �. LE x�,'.p�''''. - ,� Fxhihit 4 PLAN VIEW UNE 'A' Do 27 PRCFLE VEW LINE 'A' PROPOSE° V PVC C -S00."014" -R5) STANDARD S.ANETARy SEWER FOR BAUR, ABOVE Rif est PROPOSED D. DI OS' DEWS (11.4.) VIMI JOE! RESMINTS MO TROST BLOOM RPE SEAL OM DUALS) RICPOSE0 NM& RACISILL 10 RE DEEP NM.. FILL TO IXCAVAION WALL PROPOSED D. DJ. 45 BRIOS (1,1kW°11,1:14T tesein GRAM LI, PR:IPOSE0 FORCE WOLIIVISZgmliirml;Im01.1.r.TRE OR111 ''''''TE'.0‘06:41.9 Of INE WM. PS NECESSAST. RISTALL MEW SEAL RING MD REMO SMOULDERING Wrtil Cc. ma mi., i%6702T=01.'D OUTSDE FORCE MAIN DROP CONNECTION Digitally signed by Ratna S. Pottumuthu, P.E. FD.N,:tuce=rntRS. atht,na, o=Development Services, C:Rt: ou=City of Corpus Christi, net ierm'imie.ei email=ratnap@cctexas.com, c,JS Date: 201,04.2411:2J:28 EXISTING UTILMES SHOWN ARE FOR REFERENCE ONLY. CONTRACTOR SHALL VERIFY HORIZONTAL AND VERTICAL LOCATIONS IN THE FIELD PRIOR TO CONSTRUCTION. CALL BEFORE YOU DIG! w•FE"-.IT:rz 811 8 5 8 0 w 0U - CC 0_ LLI 0 - CC w _J Cr CM LEI I— CO (0 ›- 3 5 I I =) §ig pf SHEET 18 oF CONTRACTOR TO PROVIDE AU. RUNGS. IABOR, TV,0 MANOR M TE IN. CM REPRESENTATIVE SI.. BE PRESENT DURING ACTUAL -RE �aoaro'..µo�E MEM B. CIP %NG CULVERT A WATER SERVICE PLAN Pvhihit 9 PROP°. ORAN. SW. SEWER • PROPOSED SANN. SEWER WC. Digitally signed by Patna 5. Pottumuthu, P.E. DN: cn=Patna S. Pottumutbu, P.E., o=Developm ant Services,ou=City of Corpus Christi, mail,Ptnap( cctexas<om,c=115 Date: 2015.0929113]:98-05'00' CALL BEFORE YOU OIC! inifiraTtr. Zit 811 aoo zoo to o zoo GN°i?iw Parma 4Q 11 WATER SERVICE PLAN SHEET 19 OF _2.4. P et is. 944, -Ft =rormr4='4r:'-'.•°z70- SIDE ELEVATION OF TYPICAL PIPE CULVERT MITER Cross Npe Length I"CrZs Jr',IAZ° 00— ri- , 1.M ITyp/ PIPE W2 BOLTED ANCHOR 1 MeCK7rvi7,-7 TVP I DETAIL GO Tuegor'irPgrsCIOrgePe= to mointoin 21 clear " ly ISOMETRIC VIEW OF TYPICAL INSTALLATION :Y2V'iTZ SECTION C -C CROSS PIPE DETAILS YP v----- Limits of Pier. Ito De Included vath C.E.T. for poymen. cD Cross Pipes (5) Mos - I ED 5. ot 2.-0.1 Mos 1 1 TriMmed Gope of Pipe Culvert 1 i IzTXr_i' i i Q Cro. Pipe Cflush with top of Florae/ i I , 0 gliti— irate% " MI eli Limits of Pier. , Tangent to Payment/0 portion Of Pipe Culvert Riprap pipe c.1,ert P,G!TG.T" CWgier "ncre'' Flow Line SECTION B -B ICross Pipes not snown for clority.1 SHOWING TYPICAL PIPE CULVERT & RIPRAP CROSS PIPE LENGTHS, REQUIRED PIPE SIZES, & RIPRAP QUANTITIES® trZt Conc NproG 1031 Pipe Culvert - Porn. 02 Coro:NV.1f. CrOMseP'... Cross 121 0.6 9. NrA 0.7 N/A N/A O. 9 N/A 0.9 N/A 3 or more Nbe Culverts N/A 3 Or more Pipe Culvert& N/A 2 or more Pipe CulVerts 331 1.2 Al I Pipe Culverts 31/f SOd , 1.3 Ali Pico [Giver. 01.41;01.g.O.1 2.0 2.2 2.4 2.7 Ail Pipe Culverts SHOWING CROSS PIPE WITH ANCHOR BAR Pipral7 Min, Q1 211 Min /---W7CMI:NY;Gie=Or tig'IWOrilf=7 02 or CO SIDE ELEVATION OF CAST -IN-PLACE CONCRETE SHOWING CROSS PIPE WITH BOLTED ANCHOR SECTION A -A 0 The or per in allatio of the first Creos Pice is critical for ve Mie s ety. T e top of the first Cross Pipe must be plo ed at no more tn. 61 above the flow line ® ge7.'floOWn'T %grlY1; "WEI' f'"' PiPe 2011 De 3 ./7. Standord PleeIG1 0.0.. l5,0 0 The third Cro s Pipe f om the bottom of the Culvert shell .7Torci cI;UT'to2e'r"mr.'ffoTITmo'Vet7..45s option, all other Cros Pipes'may'c'iso'oetinstal lee us.. the bolted co nection etoi.. rO: W,' f'0044 07; 7-=='255 4. VP,Z°05*005 ponti 1::rlhowp0 0022 0113 ,er:uCor ene end of one reinforced Concrete GENERAL NO ES. G0=ror, n'erZGI:G=Ge% gv=gaGeOV,IGIY:q::., ie=tiGT.Z=ITg 7=TZler.'"''Or,W!""e " 2F2An 1.7!:'',:irs:hcaTatlEeEniF;tr'e;gi'; 44'73% 11 Mverts shall be COndrete No. Meterial Producer List IMPLI moy be uSed M lieu of steel reinforcing i rip,. concrete unless noted Otherwise. th' P"ce 'TEIJIInTn Fscr:DirMeFAgF3F77"'I''°47 witn tne specifications. SAFETY END TREATMENT FOR 12. DIA TO 72. DIA PIPE CULVERTS TYPE 11 - PARALLEL DRAINAGE SETP-PD 00001 yonemsoro Exhibit 9 11111111 nhuuIHI 111 SHEER 2 0 OF _24 JOB NO. Engineer: Murf Hudson, P.E. By: C.R.R. WEST POINT CROSSING SANITARY SEWER REIMBURSEABLE ESTIMATE April 25, 2016 Job No. 40706.B4.01 ITEM Description Quantity + Unit Unit Price Total Price A. REIMBURSEABLE SANITARY SEWER ITEMS: 5% 1 General Conditions 1 LS $ 40,500.00 $40,500.00 2 Mobilization 1 LS $ 35,000.00 $35,000.00 3 Lift Station 1 LS $ 259,000.00 $259,000.00 4 6" PVC Green C-900 Force Main (DR 25) 7040 LF $ 28.50 $200,640.00 5 6" D.I. 90 Degree Bend (M.J.) 1 EA $ 750.00 $750.00 6 6" D.I. 45 Degree Bend (M.J.) 20 EA $ 675.00 $13,500.00 7 6" D.I. 22 1/2 Degree Bend (M.J.) 3 EA $ 650.00 $1,950.00 8 6" Plug Valve 3 EA $ 2,000.00 $6,000.00 9 Air Release Valve 3 EA $ 4,300.00 $12,900.00 10 12" Steel Casing 44 LF $ 200.00 $8,800.00 11 Asphalt Repair 75 SY $ 90.00 $6,750.00 12 Tie Prop. Force Main to Exist. Manhole 1 LS $ 6,000.00 $6,000.00 13 Twin 30" RCP with S.E.T. 1 LS $ 4,500.00 $4,500.00 14 7" Thick Concrete Driveway 900 SF $ 7.50 $6,750.00 15 10" PVC Gravity Line (14'-16' Cut) 368 LF $ 85.00 $31,280.00 16 10" PVC Gravity Line (12'-14' Cut) 683 LF $ 78.00 $53,274.00 17 10" PVC Gravity Line (10'-12' Cut) 449 LF $ 55.00 $24,695.00 18 8" PVC Gravity Line (10'-12' Cut) 250 LF $ 51.00 $12,750.00 19 8" PVC Gravity Line (8'-10' Cut) 378 LF $ 44.00 $16,632.00 20 5' Diam. Manhole (14'-16' Deep) 1 EA $ 13,850.00 $13,850.00 21 4' Diam. Manhole (12'-14'Deep) 2 EA $ 10,500.00 $21,000.00 22 4' Diam. Manhole (10'-12' Deep) 1 EA $ 10,000.00 $10,000.00 23 4' Diam. Manhole (8'-10' Deep) 1 EA $ 9,000.00 $9,000.00 24 Pollution Prevention Plan 1 LS $ 3,750.00 $3,750.00 25 OSHA Trench Protection 2128 LF $ 4.00 $8,512.00 26 2" HDPE Waterline by Open Cut 84 LF $ 20.00 $1,680.00 27 2" HDPE Waterline by Boring 163 LF $ 30.00 $4,890.00 28 Water Meter 1 EA $ 1,000.00 $1,000.00 29 Tie Prop. 2" HDPE Waterline to Exist. Waterline 1 EA $ 2,000.00 $2,000.00 REIMBURSEABLE ITEMS SUB -TOTAL: $817,353.00 ENGINEERING FEE: $65,388.24 SURVEYING AND CONSTRUCTION STAKING: $14,300.00 TESTING: $14,300.00 TOTAL ESTIMATED REIMBURSEABLE ITEMS COSTS: $911,341.24 Urban Engineering TBPE Firm No. 145 2725 Swantner Drive Corpus Christi, Texas 78411 ERM 1°14 INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates or by policy endorsement(s) Bodily injury and Property Damage Per Occurrence / aggregate COMMERCIAL GENERAL LIABILITY 1. Broad Form 2. Premises — Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8. Professional Liability (if applicable) 9. Underground Hazard (if applicable) 10. Environmental (if applicable) $1,000,000 Per Occurrence $2,000,000 Aggregate BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned 3. Rented & Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION (for paid employees) EMPLOYER'S LIABILITY Which Complies With The Texas Workers' Compensation Act And Paragraph II Of This Exhibit. $500,000 / $500,000 / $500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for all perils. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. Exhibit 5 Page 1 of 3 II. ADDITIONAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An "All States endorsement shall be included for Companies not domiciled in Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax # D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, or comparable policy language, as respects to operations, completed operations and activities of, or on behalf of, the named insured performed under contract with the City. • The "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Exhibit 5 Page 2 of 3 G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations and completed operations and activities under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Exhibit 5 Page 3 of 3 limarivasdrossid City of Corpus Christi DISCLOSURE OF INTERESTS Cia,rCurpa ChrhlLTecib Deparw tfti of Levelopmerrt Scrvicen P.O. Box 9277 Carpus Cnriao, Tons.7&1699277 (361)326-3214 Loaned aL 2441, Leoverd 51rcri [Comer of Leoprrd SL aria Port Ave.) City of Corpus Christi Ordinance 17112, ars amended, requires all persons crfirms peeking 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: Peterson Properties, Ltd., a Texas limited partnership STREET: P.O_ Box 8229 C1TY, Corpus Christi, Texas zip: 78468 FIRM is: EJ Corporation al Partnership [j Sole Owner ❑ Association ❑ Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an *"ownership Interest" constituting 3% or more of the ownership In the above named "firm". Name Job litre and City Department (if know:~) N/A 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 NIA Z. State the names orf ea h olatraird member' of the City of Corpus Christi having an 4ownetship interest' constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee NIA 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 N/A Consultant CERTIFICATE certify that all information provided is true and correct as of the date of this statement, that 1 have not knowingly withheld disclosure of any information requested; and that supplements' statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Patricia Peterson Nuss (Print) ..._ Signature of Certifying Person; a Title: General Partner ro Date: " I..IDE El..011.47SVMSHxacrw NtiOE ELOPNffhTi]RdIXhNEE PAD{1S7TlA OICIAPPLICAMOVA FlairliMFORMS AS PER LEC.4.LM12WGSC7.OSlf8EOFMOON'S S KIEHENTL.27I2.DOG Exhibit Page 1 of 2 DEFINITIONS a "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. 'Employee_ Any person employed by the City of Corpus Christi, Texas, either on a full or pan time basis, but not as an independent contractor, c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the toren 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-prafil organizations. d. "Official". The Mayor. members of the City Council, City hilanager. Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas, e. "Ownership Interest'. Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity- "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f, 'Consultant" Any person or Firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and nscommendation K 51:1EVELO(1MEKLSL'C5'SiLif EL .L ND DE1'ELCIMIENT6RIIRIANCE RL►x11V15TIl 1FONAP19•r(AT1gIN ptaRNSIVIIljI5 /Lti PLR ILAMI,,L,11.1.19.121SeLoanis Of INTEREME ..Sr,NeMeNT1.27 I'_ DOC Exhibit 6 Page 2 of iemiorimalarmelo City of Corpus Christi DISCLOSURE OF HTERESTs Cii of Curpm Chriid, Test. DrPsnrntnr of novehprnent Services. P O. Sox 92"7 aim Chnsd,Texas 7Eid4.9 7'r {36I}825-32-10 Located a 2.4.06 Leopard Sires {Cartier of Lep1perd St. Wld Port Ave City of Corpus Christi Ordinance 17112. es 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: Peterson Properties. Ltd,. sTexas limited parinersiup STREET: P.O. Box 8229 Com: Corpus Christi, Texas zip: 784€8 FIRM is: ❑ Corporation L]x Partnership 0 Sole Owner ❑ Association ❑ Other DISCLOSURE QUESTIONS if additional space is necessary. please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest• constituting 3°6 or more of the ownership in the above named "firm". Name Job Title and City Department {ft 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". Tittle Name N/A 3. State the names of each "Mrd 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 ar officer of a "consultant" for the City of Corpus Christi who worked an any matter related to the subject of this contract and has an "ownership interest" constituting 3% ar more of the ownership in the above named "firm". Name N/A Consultant CERTIFICATE I certify Thal ori information provided is true and correct as of the datis of this statement, that t have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christ, Texas as changes occur. Certifying Person: Chris Ann Pete on Brow Title: Genera] Partner (Print) Signature of Certifying Person:Date: Evan P.i 45HAREN.ArD iwrne'llyOADINA.t!AMIN1STRA-namAPramAriiiONFDtllSEr�RMSASPER LEGA LWI I r ! SAM OFL'TMMIS TKELPage 2 Exhibit 6 DEFINITIONS a, "Board Member"_ A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. L "Employee". Any person employed by the City or Corpus Christi, Texas, either an a full or part time basks, but not as an independent contractor. 0. "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 stack company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-proM organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant Cihj Managers, Department arid Division deeds and Municipal Court Judges of the City of Corpus Christi, Texas. e, "Ownership Interest", Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. "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. I'['.ELOI IENTSVC5SFI I&Etri.i'JC}pEMOP I flAINNANCE.AbsrltzlirRAtlonhAteLicwronYroluls-tomi5AsOCR c L'Z'uIa intLo5tik1ttil,N1EaEs1S STATE.NULJ1I 27 IS DOC Exhibit 6 Page 2 of 2 City of Corpus Christi DISCLOSURE OF INTERESTS City siC■rpm! Ckrk ,Tesws Dqrimml of GleooloprocrA Semite, PO Rag. 92// Corps, Cheer& Tm.A. JM6P-977 (Hbi) B2642,10. Louard n 2406 Leq*rrd Parer (Corot' or Leopad Si mad Port AV CllY of Corees Christ! Ordinance 17112, os 2rnencted, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered, It the question is not applicable, answer with 'NA". Nom: Peterson Properties, Ltd., a Texas limited partnership STREET' P.O. BCDt 8229 CITY: Corpus Christi, Texas FIRM is: ❑ Corporation ['Partnership ❑ Sole Owner ❑ Association ❑ Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet, 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm"; Name Job Title and City Department (if known) IP; 7e468 NIA 2. State the names of each "afficiel" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Titin NIA 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 NIA 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked ore any matter related to the subject of this contact and has an "ownership interest" constituting 3% or more of the ownership in the above named "farm". Name NIA Consultant CERTIFICATE l certify that all inWormaiior! 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 CO of Corpus Christi, Texas as changes occur. Certifying Person: James D (Print) Signature of Certifying Person: Title: .General Partner xUMVELOPMF.NISVCSs IAKEDILANDD .r 1 • : DEFINITIONS a. "Board Member". A member or any board, commission or committee appointed by the City Council of the City OF Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi. Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm'. Any entity operated fol 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 sore proprietorship, 2S self-employed person, partnership, corporation, joint stank company, joint venture. receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations_ d. "Olfrcie. The Mayor, rnenibers cif the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court .fudges of the City of Carpus Christi, Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively Field, in a firm, Including when such interest is held through an agent, trust, estate or holding entity, "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. HConsultaIit'_ Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. K EV'ELticMERTSV'CS-SIIAkE Y,U 1I BL 'ELO tt Qfi' PMNet PAIRIJNISTILAMOtilAPPLICATION rDFk4LS F01L IS A9 PER LEGM1L. 11IDJI'LO t.'RF 9P Ir7FRLSF! STA7iF.iCFaT� 37.72t}DC I�]FL Page 2 f0 Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.312 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties, Complete Nos. 1. 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-23991 Date Filed: 03/09/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Peterson Properties, Ltd Corpus Christi, TX United States - 2 , Name iii gove�nmen[al entity of state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract. westpoint crossing,blocki,lo sanitary sewer collection line agreement 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary • ci ylLiG) 4.AustAil .1\)1)-1-5 .(1,,,,-)p TX U 5,A 5 Check only if there is NO Interested Party. El 6 AFFIDAVIT �` *, AFFIX Sworn 20 JUANAffF' I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. tui, al l f ( L ii. ,,r NOTARY STAMP / SEAL ABOVE/) [°and subscribed before me, by the said Signature of authorized agent of contracting business entity j 1 y` L. t k(i' vis , this the J day of/44 i , I toi , to certify which, witness my hand and seal of office. d.f �%'�.��}' �li 7 ✓"' 4{ '51"S. am j- \ �'r`CLrL.[ Ii'- � .. :�✓'\_r1#4 S ture of officer ad ` nistering oath Printed name of officer adm nistering oath Title of officer gtfministering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.312 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-23988 Date Filed: 03/09/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. ' Peterson Properties, Ltd Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract (or arch the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract. Westpoint crossing,block 1,Iot sanitary sewer collection line agreement 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) - Controlling -. Intermediary (IS An 1/12-eAMS111 62-14/1/ "Or '. ("' X p5A 5 Check only if there is NO Interested Party. EI 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. - 1Sgn ,, —077 ---DEVELOPMENT CO 'ANY . p id ' (411C10_ ,;lorotioter..At "5'" . C ` ' ;" 8468-:. 29 AFFIX NOTARY STAMP 1 SEAL ABOVE Swor and subscribed before me, by the said tue ofut4---.horzed t ofcilfj-uactin business 9 entity / i Alis livrt (y 'a i i 6.0),,, , this the ) G day of '- t , 20 J tit , to certify which, witness my hand and seal of office. .1 • 1'1 F/v f�/iff4-I V/V - )D-1 °'v� r` Jf IAdt_'•• -44 - h` I(./,-4--- LIS Signature of o$cer administering oath Printed name of officer administering oath Tit a of officerradministering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.312 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1. 2.3, 5, and 6 if then: are no interested parties. 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Peterson Properties, Ltd Corpus Christi, TX United States 2 Name of governmen entity or state agency + at is a party to e contract ,. r w c t form }s being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or ide description of the goods or services to be provided under the contract. Westpoint crossing,block 1,Io sanitary sewer collection line agreement Name of Interested Party OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number. 2016-23996 Date Filed: 03/09/2016 Date Acknowledged: ntify the contract, and provide a City, State, Country (place of business) nnCzxDiAA.Dn 5 Check only if there is NO Interested Party. 6 AFFIDAVIT z LAURA ELIZABETH LANGAN Commisslon *2111252 Notary PubHc - California Z% Santa Barbara County n M Comm. Expires Ma 12, 2019 Nature of interest (check applicable) Controlling Intermediary I swear, or affirm, under penalty of perjury, that the above disclosure is ime and correct. AFFIX NOTARY STAMP 1 SEAL ABOVE j %; Sworn to and subscribed before me, by the said t {Y e Q1 -p SD - J this the / v 20 1 , to certify which, witness my hand and seal of office. Signature of officer administ ring oath Forms provided by Texas Ethics Commission day of Pia rcin L ,f rc G`.r Printed name of officer administering oath Tide of officer administering oath www.ethics.state.tx.us Version V1.0.312 Vicinity Map WESTPOINT CROSSING BLOCK 1 LOT 1 AND 2 AERIAL OVERVIEW MAP AGENDA MEMORANDUM Future Item for the City Council Meeting of May 17, 2016 Action Item for the City Council Meeting of May 24, 2016 DATE: April 21, 2016 TO: Ronald L. Olson, City Manager FROM: Stacie Talbert, Interim Director, Parks and Recreation Department StacieT@cctexas.com 361-826-3460 Interlocal Agreements to provide bus transportation for 2016 summer programs CAPTION: Resolution authorizing the City Manager or designee to execute separate multi-year Interlocal Agreements with the Calallen Independent School District, the Corpus Christi Independent School District and the Flour Bluff Independent School District, to provide transportation services for summer youth recreation programs. PURPOSE: To allow Calallen, Corpus Christi and Flour Bluff Independent School Districts to provide bus transportation for summer youth participating in the 2016 Latchkey Summer Camp Programs. BACKGROUND AND FINDINGS: The Parks and Recreation Department provides Latchkey Summer Camp Programs at Calallen, Corpus Christi and Flour Bluff Independent School Districts. The multi-year Interlocal Agreements will allow the Independent School Districts to provide bus transportation for field trips and other activities. ALTERNATIVES: Parks and Recreation Latchkey Summer Camps would not provide field trips as part of their programs. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Council is required to approve all interlocal agreements. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal 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 $24,400 $24,400 Encumbered/ Expended Amount This item $24,400 $24,400 BALANCE 0 0 Fund(s): 1020 General Fund, Latchkey Comments: FY16 funds for summer transportation are budgeted in General Fund. RECOMMENDATION: Staff recommends approval of this ordinance. LIST OF SUPPORTING DOCUMENTS: Resolution Interlocal Agreements Resolution authorizing the City Manager or designee to execute separate multi-year Interlocal Agreements with the Calallen Independent School District, the Corpus Christi Independent School District, and the Flour Bluff Independent School District, to provide transportation services for summer youth recreation programs. Be it resolved by the Corpus Christi City Council: Section 1. That the City Manager or designee to execute separate multi-year Interlocal Agreements with the Calallen Independent School District, the Corpus Christi Independent School District, and the Flour Bluff Independent School District, to provide transportation services for summer youth recreation programs. Section 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Corpus Christi, Texas of , 2016 The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Mark Scott Carolyn Vaughn INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CALALLEN INDEPENDENT SCHOOL DISTRICT FOR MULTI-YEAR SUMMER TRANSPORTATION SERVICES This agreement (Agreement) is entered into between the City of Corpus Christi, a Texas home rule municipal corporation (City), and the CalaIlen Independent School District (District) for purposes of the Interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended, to achieve efficiency in meeting intergovernmental responsibilities. WHEREAS, the City is sponsoring a summer recreational program for elementary school age children using several of Corpus Christi Independent School District's school campuses, a Ca!alien Independent School District campus, a Flour Bluff Independent School District school campus, as well as a youth recreation program during the term of this Agreement for school age children, (hereinafter, collectively referred to as the Summer Program); WHEREAS, the City includes travel to various activity sites around the Corpus Christi area as field trips for its Summer Program participants; and WHEREAS, the District agrees to consider requests to provide to the City a sufficient number of District owned school buses, including school buses accessible as required by the Americans with Disabilities Act ("ADA"), for a fixed fee per mile as stated herein to transport the Summer Program participants from their respective campuses to the various activity sites. NOW, THEREFORE, the City and the District, in consideration of the mutual covenants contained herein, agree as follows: 1. Term. For summer 2016, this Agreement begins June 20, 2016 and ends July 28, 2016. This Agreement may be renewed for up to four (4) additional summer periods, upon written agreement of the Director of Parks and Recreation and the District Superintendent. 2. Services to be provided. District shall review and consider requests to provide its District school buses (including ADA accessible school buses) and District -employed school bus drivers as needed by the City for transportation for City Summer Program field trip activities. Transportation requests will be considered on a trip by trip basis dependent on the availability of buses and staff. 3. Consideration. For summer 2016, the City shall pay the District $100 per bus used per day to transport students for the City's Summer Program. In future summer extension periods, the price may be increased by up to ten (10) percent upon agreement of the Director of Parks and Recreation and the District Superintendent. District agrees to provide the City with at least 90 days advance written notice of any increases. This payment shall be full compensation to the District for the costs of the school buses, the fuel to run the buses, all maintenance costs for the buses, fleet liability insurance, salary for the bus drivers, and all other related costs and expenses to the District. 4. Biding. The District shall bill the City on a monthly basis. City shall pay the bill within two Fridays after receipt of the bill out of current City revenue. 5. District Bus Maintenance. The District will maintain its buses at its bus maintenance facility during the term of this Agreement as a part of the consideration. 1 6. District Bus Drivers. The school bus drivers assigned by the District to provide services under this Agreement shall be District employees for all purposes. The school bus drivers are not City employees for any purpose. 7. Coordination. The City's Director of Park and Recreation, or designee, shall place a weekly order with the representative from District, or their designee, for the number of buses needed, the sites at which the buses are needed, the address of the activity to be undertaken from each site, the time at which the buses must arrive at each site to pick up the various program participants, and the time at which the buses must arrive at each activity site to pick up the various program participants to return them to their respective sites. Transportation requests will be placed no later than seven days prior to date of departure. 8. Governmental Service. This Agreement is between the City and the District for the purpose of providing transportation between the various Summer Program, and youth recreation program sites and activity sites. 9. Insurance. District agrees to provide following insurance and name City as additional insured: vehicle liability coverage in limits provided by Texas Tort Claims Act for District of $100,000 per person, $300,000 per occurrence, and $100,000 per occurrence of property damage. District also agrees to provide worker's compensation coverage as required by law. In the alternative if District is self insured, District may provide City Director of Parks and Recreation with a letter confirming self insurance coverage in accordance with applicable law. 10. Current Revenue. All money spent for transportation for the Summer Program, and youth recreation program participants through this Agreement must be spent out of currently available revenue of the City and the District. 11. Effective Date and Entirety Clause. This Agreement takes effect on date of last signature. This Agreement expresses the entire agreement between the parties. Any modification, amendment, or addition to this Agreement is not binding upon the parties unless in writing and signed by persons authorized to make such agreements on behalf of the respective party. EXECUTED IN DUPLICATE on the day of , 2016. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Ronald L. Olson City Secretary City Manager Ma*., Approved as to legal form April 7-, 2016. By: Lisa Aguilar, Ass! tent City g Attorney for City Attorney 2 CALALLEN INDEPE N ENT SCHOOL DISTRICT By: C\-8-1,--k-W.k Vi. Arturo Almendarez, Ed. Superintendent Date: F l it INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT FOR MULTI-YEAR SUMMER TRANSPORTATION SERVICES This agreement (Agreement) is entered into between the City of Corpus Christi, a Texas home rule municipal corporation (City), and the Corpus Christi Independent School District (District) far purposes of the interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended, to achieve efficiency in meeting intergovernmental responsibilities. WHEREAS, the City is sponsoring a summer recreational program for elementary school age children using several of Corpus Christi Independent School District's school campuses, a Calallen independent School District campus, a Flour Bluff Independent School District school campus, as well as a youth recreation program during the term of this Agreement for school age children, (hereinafter, collectively referred to as the Summer Program); WHEREAS, the City includes travel to various activity sites around the Corpus Christi area as field trips for its Summer Program participants; and WHEREAS, the District agrees to consider requests to provide to the City a sufficient number of District owned school buses, including school buses accessible as required by the Americans with Disabilities Act ("ADA"), for a fixed fee per mile as stated herein to transport the Summer Program participants from their respective campuses to the various activity sites. NOW, THEREFORE, the City and the District, in consideration of the mutual covenants contained herein, agree as follows: 1. Term. For summer 2016, this Agreement begins June 20, 2016 and ends July 28, 2016. This Agreement may be renewed for up to four (4) additional summer periods, upon written agreement of the Director of Parks and Recreation and the District Superintendent. 2. Services to be provided. District shall review and consider requests to provide its District school buses (including ADA accessible school buses) and District -employed school bus drivers as needed by the City for transportation for City Summer Program field trip activities. Transportation requests will be considered on a trip by trip basis dependent on the availability of buses and staff. 3. Consideration. For summer 2016, the City shall pay the District $2.00 per mile for each mile traveled from the District's bus barn to the activity site and back to the District's bus barn. In addition, the City agrees to pay $20 per hour per bus driver. In future summer extension periods, the price may be increased by up to ten (10) percent upon agreement of the Director of Parks and Recreation and the District Superintendent. District agrees to provide the City with at least 90 days advance written notice of any increases. This payment shall be full compensation to the District for the costs of the school buses, the fuel to run the buses, all maintenance costs for the buses, fleet liability insurance, salary for the bus drivers, and all other related costs and expenses to the District. 4. Billing. The District shall bill the City on a monthly basis. City shall pay the bill within two Fridays after receipt of the bill out of current City revenue. 5. District Bus Maintenance. The District will maintain its buses at its bus 1 maintenance facility during the term of this Agreement as a part of the consideration. 6. District Bus Drivers. The school bus drivers assigned by the District to provide services under this Agreement shall be District employees for all purposes. The school bus drivers are not City employees for any purpose. 7. Coordination. The City's Director of Park and Recreation, or designee, shalt place a weekly order with the representative from District, or their designee, for the number of buses needed, the sites at which the buses are needed, the address of the activity to be undertaken from each site, the time at which the buses must arrive at each site to pick up the various program participants, and the time at which the buses must arrive at each activity site to pick up the various program participants to return them to their respective sites. Transportation requests will be placed no later than seven days prior to date of departure. 8. Governmental Service. This Agreement is between the City and the District for the purpose of providing transportation between the various Summer Program, and youth recreation program sites and activity sites. 9. Insurance. District agrees to provide following insurance and name City as additional Insured: vehicle liability coverage in limits provided by Texas Tort Claims Act for District of $100,000 per person, $300,000 per occurrence, and $100,000 per occurrence of property damage. District also agrees to provide worker's compensation coverage as required by law. In the alternative if District is self insured, District may provide City Director of Parks and Recreation with a letter confirming self insurance coverage in accordance with applicable law. 10. Current Revenue. All money spent for transportation for the Summer Program, and youth recreation program participants through this Agreement must be spent out of currently available revenue of the City and the District. 11. Effective Date and Entirety Clause. This Agreement takes effect on date of last signature. This Agreement expresses the entire agreement between the parties. Any modification, amendment. or addition to this Agreement Is not binding upon the parties unless in writing and signed by persons authorized to make such agreements on behalf of the respective party. EXECUTED IN DUPLICATE on the day of 2016. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Ronald L. Olson City Secretary City Manager Approved as to legal form A By: �°.. Lisa Aguilar, Assistait Attorney tlorney for City Attorney 2 COPRUS CHRISTI INDEPENDENT SCHOOL DISTRICT By: !fit Roland Hernandez, Ph.D. Superintendent ' I Date: By: Arnulfo Gonzal Purchasing and distribution Date: _?/_,p By: #T-41_ ------ — John J. Janssen Counsel for CCESD Date: ei -1 - Zaltp INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND FLOUR BLUFF INDEPENDENT SCHOOL DISTRICT FOR MULTI-YEAR SUMMER TRANSPORTATION SERVICES This agreement (Agreement) is entered into between the City of Corpus Christi, a Texas home rule municipal corporation (City), and the Flour Bluff Independent School District (District) for purposes of the Interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended, to achieve efficiency in meeting intergovernmental responsibilities. WHEREAS, the City is sponsoring a summer recreational program for elementary school age children using several of Corpus Christi Independent School District's school campuses, a Ca!alien Independent School District campus, a Flour Bluff Independent School District school campus, as well as a youth recreation program during the term of this Agreement for school age children, (hereinafter, collectively referred to as the Summer Program); WHEREAS, the City includes travel to various activity sites around the Corpus Christi area as field trips for its Summer Program participants; and WHEREAS, the District agrees to consider requests to provide to the City a sufficient number of District owned school buses, including school buses accessible as required by the Americans with Disabilities Act ("ADA"), for a fixed fee per mile as stated herein to transport the Summer Program participants from their respective campuses to the various activity sites. NOW, THEREFORE, the City and the District, in consideration of the mutual covenants contained herein, agree as follows: 1. Term. For summer 2016, this Agreement begins June 20, 2016 and ends July 28, 2016. This Agreement may be renewed for up to four (4) additional summer periods, upon written agreement of the Director of Parks and Recreation and the District Superintendent. 2. Services to be provided. District shall review and consider requests to provide its District school buses (including ADA accessible school buses) and District -employed school bus drivers as needed by the City for transportation for City Summer Program field trip activities. Transportation requests will be considered on a trip by trip basis dependent on the availability of buses and staff. 3. Consideration. For summer 2016, the City shall pay the District $3.99 per mile for each mile traveled from the District's campus to the activity site and back to the District's campus. In future summer extension periods, the price may be increased by up to ten (10) percent upon agreement of the Director of Parks and Recreation and the District Superintendent. District agrees to provide the City with at least 90 days advance written notice of any increases. This payment shall be full compensation to the District for the costs of the school buses, the fuel to run the buses, all maintenance costs for the buses, fleet liability insurance, salary for the bus drivers, and all other related costs and expenses to the District. 4. Billing. The District shall bill the City on a monthly basis. City shall pay the bill within two Fridays after receipt of the bill out of current City revenue. 5. District Bus Maintenance. The District will maintain its buses at its bus 1 maintenance facility during the term of this Agreement as a part of the consideration. 6. District Bus Drivers. The school bus drivers assigned by the District to provide services under this Agreement shall be District employees for all purposes. The school bus drivers are not City employees for any purpose. 7. Coordination. The City's Director of Park and Recreation, or designee, shall place a weekly order with the representative from District, or their designee, for the number of buses needed, the sites at which the buses are needed, the address of the activity to be undertaken from each site, the time at which the buses must arrive at each site to pick up the various program participants, and the time at which the buses must arrive at each activity site to pick up the various program participants to return them to their respective sites. Transportation requests will be placed no later than seven days prior to date of departure. 8. Governmental Service. This Agreement is between the City and the District for the purpose of providing transportation between the various Summer Program, and youth recreation program sites and activity sites. 9. Insurance. District agrees to provide following insurance and name City as additional insured: vehicle liability coverage in limits provided by Texas Tort Claims Act for District of $100,000 per person, $300,000 per occurrence, and $100,000 per occurrence of property damage. District also agrees to provide worker's compensation coverage as required by law. In the alternative if District is self insured, District may provide City Director of Parks and Recreation with a letter confirming self insurance coverage in accordance with applicable law. 10. Current Revenue. All money spent for transportation for the Summer Program. and youth recreation program participants through this Agreement must be spent out of currently available revenue of the City and the District. 11. Effective Date and Entirety Clause. This Agreement takes effect on date of last signature. This Agreement expresses the entire agreement between the parties. Any modification, amendment, or addition to this Agreement is not binding upon the parties unless in writing and signed by persons authorized to make such agreements on behalf of the respective party. EXECUTED IN DUPLICATE on the day of , 2016. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Ronald L. Olson City Secretary City Manager Approved as to legal formhAprill? , 2016. By: ,44.4 Lisa Aguilar, Assi City Attorney for City Attorney FLOUR BLUFF INDEPENDENT SCHOOL DISTRICT By: �,.. Clayton Pocius, Transportation Director Date: Li 1/00 3 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 17, 2016 Action Item for the City Council Meeting of May 24, 2016 DATE: April 21, 2016 TO: Ronald L. Olson, City Manager FROM: Stacie Talbert Anaya, Interim Director, Parks and Recreation Department StacieT@cctexas.com 361-826-3464 Texas General Land Office Beach Cleaning and Maintenance Assistance Program CAPTION: Resolution authorizing the City Manager or designee to execute all documents necessary to request continued financial assistance for beach cleaning and maintenance on North Padre Island and Mustang Island during FY 2016-2017 under the Texas General Land Office's Beach Cleaning and Maintenance Assistance Program. PURPOSE: The Beach Cleaning and Maintenance Assistance Program provides reimbursement for some portion of the City of Corpus Christi's beach maintenance expenditures. BACKGROUND AND FINDINGS: The Texas General Land Office (TGLO) Beach Cleaning and Maintenance Assistance Program uses a funding formula to reimburse cities and counties. The reimbursement amount varies from year to year based on the formula and available funds. Currently, the principal portion of the beach maintenance appropriations is distributed among the twelve communities that contain public beaches within their jurisdiction and have made application for funding. For FY14 and FY15, the City received $75,769.64 and $63,160.35 respectively. FY16 funds have yet to be distributed but are estimated to be approximately $64,000.00. ALTERNATIVES: Do not apply for beach maintenance funding. OTHER CONSIDERATIONS: Cities which qualify for eligibility under the Natural Resources Code, may receive up to, but no greater than two-thirds reimbursement for eligible expenses incurred in cleaning and maintaining the beaches; however, actual state appropriations have always limited this reimbursement to the range of 10 to 20 percent of actual local costs. CONFORMITY TO CITY POLICY: The City Council must pass a resolution to apply for the Texas General Land Office program. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $ 64,000 $ 64,000 Encumbered / Expended Amount This item BALANCE $64,000 $64,000 FUND(S): General Fund 1020 Comments: The estimated revenue for this reimbursement program will be submitted in the FY16-17 proposed budget. RECOMMENDATION: Staff recommends the City Council approve this resolution. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution authorizing the City Manager or designee to execute all documents necessary to request continued financial assistance for beach cleaning and maintenance on North Padre Island and Mustang Island during FY 2016-2017 under the Texas General Land Office's Beach Cleaning and Maintenance Assistance Program. Be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager or his designee is authorized to execute all documents necessary to apply for continued financial assistance for cleaning and maintaining beaches under the City's jurisdiction on North Padre Island and Mustang Island during FY 2016-2017 under the Texas General Land Office's Beach Cleaning and Maintenance Assistance Program. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Corpus Christi, Texas of , 2016 The above resolution was passed by the following vote: Nelda Martinez Michael Hunter Rudy Garza Colleen McIntyre Chad McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn AGENDA MEMORANDUM Future Item for the City Council Meeting of May 17, 2016 Action Item for the City Council Meeting of May 24, 2016 DATE: TO: May 12, 2016 Ronald L. Olson, City Manager THRU: Mark Van Vleck, P.E., Assistant City Manager MarkVV@cctexas.com (361) 826-3082 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 Stacie Talbert-Anaya, Interim Director Parks & Recreation StacieT@cctexas.com (361) 826-3476 Execute Construction Contract Community Park Development and Improvements - Parker Park (Bond 2012) CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with Ram-Bro Construction of Robstown, Texas in the amount of $363,559.50 for the Community Park Development and Improvements - Parker Park project for the base bid only for improvements to the existing park. (Bond 2012, Proposition 4). PURPOSE: The purpose of this Agenda Item is to execute a Construction Contract with Ram-Bro Construction of Robstown, Texas for the Community Park Development and Improvement - Parker Park (Bond 2012) project. BACKGROUND AND FINDINGS: This project is part of Bond 2012 Proposition 4 — City-wide Community Parks development and improvements which includes West Guth, Bill Witt/Oso Creek, Hector P Garcia/Salinas, Billish and Parker Parks as well as downtown squares La Retama and Artesian Parks. Bond 2012 Brochure Language: "This project will primarily focus on irrigation upgrades and extensions at West Guth, Bill Witt/Oso Creek, Hector P. Garcia/Salinas, Billish, and Parker Parks as well as downtown squares La Retama and Artesian Parks. Additionally, improvements may include dog parks, skate parks and splash pads, shade structures, landscaping, trails, parking improvements and other items." Parker Park is a Community Park located at the intersection of Waldron and Graham Roads. Project includes a base bid and three additive alternate features. Base Bid: • Removal of 2.2 acres of existing vegetation within an existing perimeter walking path • Installation of a new irrigation system, new top soil, and new Bermuda grass, native low water demand plants and decomposed granite paths within the 2.2 acre area • Repairs of the existing perimeter walking path • Removal of existing play equipment in anticipation of the installation of new equipment. The new equipment will be purchased and installed as a separate contract. • Installation of two new concrete pads for new play areas and safety surfacing for both the new playground areas and the existing playground to be re -used • Lighting for playgrounds and the existing basketball courts • Demolition of the existing timber pavilion roof frame and the installation of a new galvanized steel framing members with wood decking and composition shingles (Texas Department of Insurance [TDI] compliant) Additive alternates were identified that could be executed if funds were available include: 1) Additional landscaping in the areas around the playgrounds. 2) New shade structure between the playgrounds. 3) Replace the existing concrete walkway around the site. On April 6, 2016 the City received proposals from five (5) bidders and the bids are as follows: Contractor Base Bid Add. Alt. One Add Alt. Two Add Alt. Three Total Base Bid + Add Alts One, Two and Three Ram-Bro Contracting, Inc. Robstown, Texas $363,559.50 $85,855.00 $80,000.00 $54,550.00 $583,964.50 Gourley Contractors, LLC. Corpus Christi, Texas $440,815.00 $15,000.00 $30,000.00 $27,275.00 $513,090.00 JE Construction Services, LLC. Corpus Christi, Texas $534,673.96 $35,443.30 $53,808.11 $43,640.00 $667,565.37 Alpha Building Corp. Harlingen, Texas $562,610.89 $36,360.00 $24,700.00 $81,497.70 $705,168.59 Barcom Construction, Inc. Corpus Christi, Texas $660,026.12 $42,193.00 $36,204.00 $73,860.70 $812,283.82 Note: The Opinion of Probable Construction Cost (OPCC) was $354,078. ALTERNATIVES: 1. Execute the Construction Contract for the Base Bid with Ram-Bro Contracting, Inc. as proposed. (Recommended). 2. Do not execute the Construction Contract for the Base Bid with Ram-Bro Contracting, Inc. as proposed. (Not Recommended). OTHER CONSIDERATIONS: The designer of this project is CLK Architects and Associates. The Parks & Recreation Department will use the balance of the project budget and community enrichment funds to purchase and install the playground and fitness equipment in the park. The cost of these items is approximately $165,000. CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Bids process; FY 2015-2016 Capital Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2015-2016 Prior Project Budget and Expenditures Current Year Future Years TOTALS Line Item Budget $5,000,000.00 $0.00 $5,000,000.00 Encumbered/Expended Amount 113,032.00 113,032.00 This item $363,559.50 $363,559.50 Future Anticipated Expenditures This Project 54,489.00 54,489.00 BALANCE $4,886,968.00 ($531,080.50) $4,468,919.50 Fund(s): Parks and Recreation Bond 2012 Comments: The Construction Contract will result in the expenditure of an amount not to exceed $363,559.50 and the project is estimated to be complete in six months from the issuance of the Notice to Proceed. RECOMMENDATION: City Staff recommends the approval of the Construction Contract for the base bid with Ram-Bro Construction of Robstown, Texas in the amount of $363,559.50 for the Community Park Development and Improvement - Parker Park (Bond 2012) project for the base bid only. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 PROJECT BUDGET Community Park Development and Improvements Parker Park BOND 2012 FUNDS AVAILABLE: Parks and Recreation Bond 2012 CIP $5,000,000.00 TOTAL $5,000,000.00 FUNDS REQUIRED: Construction: Construction (Ram-Bro ) THIS ITEM 363,559.50 Construction Contingency (10%) 36,355.00 Construction Inspection & Testing: Construction Inspection (Estimate) 3% 7,270.00 Construction Phase - Materials Testing Services (Rock Engineering) 4,364.00 Design: Design Architect (CLK Architects) 63,940.00 Reimbursements: Total Reimbursements 6,500.00 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance) 5,000.00 Engineering Services (Project Mgt/Constr Mgt) 1,000.00 Misc. (Printing, Advertising, etc.) 500.00 Other: Total Other 49,092.00 Staff Augmentation 48,542.00 Arrow Display Signs 550.00 TOTAL 531,080.50 * ESTIMATED PROJECT BUDGET BALANCE $4,468,919.50 * Remaining balance is reserved for remaining community parks Flour Bluff Matlack St ‘11 z Jester St tak4de Dr South Padre Island Drive. O'Neill St Grham Rd merstan r Don Perko Rd 411.,)tlm Rd Graham Rd. Project Location Don Rd Glemak Dr HtThn 1-tothet Or er'w VICINITY MAP NOT TO SCALE Glertok Df 3LICIVIN VNI-10V7 •tr! Project Number: E14005 Community Park Development and Improvements - Parker Park Bond 2012 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Chr sti Engineering Services Community Park Development and Improvements Bond Issue 2012, Proposition 4 — Parker Park Council Presentation May 17, 2016 Location Map Corpus Chr sti Engineering Services 2 Vicinity Map Corpus Chr sti Engineering Services Project Location drop if dy'g 3 Project Scope Corpus Chr sti Engineering Services This project includes: New irrigation system, new top soil, new Bermuda grass, and native low water demand plants and decomposed granite paths Repairs of the existing perimeter walking path Removal of existing play equipment in anticipation of the installation of new equipment. The new equipment will be purchased and installed as a separate contract. Two new concrete pads for new play areas and safety surfacing Lighting for playgrounds and the existing basketball courts Repairs to the existing pavilion roof 4 Project Schedule Corpus Chr sti Engineering Services 2016 Bid / Award Construction Projected Schedule reflects City Council award of Parker Park construction in May 2016 with anticipated construction completion in November 2016. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-48382 Date Filed: 05/02/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. RAM-BRO Contracting, Inc. Robstown, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods or other property to be provided under the contract. E14005 Sitework 4 Name of interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. El 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. ",,,, KATHLEEN ELIZABETH RAMON \\R•P f a°:* Notary Public, Slate of Texas[-' My Commission Expires r �"*—v /� %;::4> January 23, 2017 Signature of authorized agent of contracting business entity AFFI Sworn NOTARY STAMP SEAL_ ABOVE t and subscribed before me, by the said l‹. k e r":\i'cto 'VlYuio ✓` , this the 3 a day of i ei 20 i f9 , to certify which, witness my hand and seal of office. v Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 17, 2016 Action Item for the City Council Meeting of May 24, 2016 DATE: April 27, 2016 TO: Ronald L. Olson, City Manager THRU: Mark Van Vleck, P. E., Assistant City Manager markvv@cctexas.com (361) 826-3082 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 Contracts and the Construction Phase and Observation Services Contract IDIQ Minor Street Improvement Project Motion authorizing the City Manager, or designee, to execute a construction contract with Ortiz Construction and Paving, Inc. for Part 1 in an amount of $1,813,485.00 and to execute a construction contract with Grace Paving & Construction, Inc. for Part 2 in the amount of $1,831,369.84 for the Indefinite Delivery/Indefinite Quantity (IDIQ) Minor Street Improvements project; and to execute a Construction Phase and Observation Services contract with Engineering & Construction Management Services, LLC of Corpus Christi, Texas in the amount of $176,880 for the Indefinite Delivery/Indefinite Quantity (IDIQ) Minor Street Improvements project. These are multi-year contracts with a 1 -year base plus two 1 -year extensions. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute two construction contracts and a Construction Phase and Observation Services contract for the IDIQ Minor Street Improvement project. The construction and engineering services contracts are proposed as multi-year contracts with a 1 -year base plus two 1 -year optional extensions. Option years will be administratively authorized by the City Manager or his designee, if sufficient funds are available and successful performance by the contractors and engineering firm. BACKGROUND AND FINDINGS: This a multi-year IDIQ construction project for minor street pavement repairs involving pavement rehabilitation/replacement, base repairs with limestone, and sub -grade stabilization throughout the City. The work includes saw cutting, crack sealing, seal coating, milling, curb & gutter, driveway, sidewalk and ADA curb ramp replacement with minor utility manhole ring and cover and valve adjustments. The scope also includes the requirement to provide a pot hole repair crew, as needed. The project was developed with two Base Bids, Part 1 and Part 2, to allow potentially two construction contracts. Part 1 provides for the section of the City west of Ayers Street, and Part 2 provides for the section east of Ayers. It is recommended that two construction contracts be awarded to increase the capacity and number of crews to be more responsive to the City street maintenance and repairs. The project was also expanded in scope to increase the estimated quantities and budget to increase minor street repairs in preparation for future seal coats by the City Street Department in support of the Street Preventative Maintenance Program (SPMP). This additional work allows the City crews to increase the total Square Yards of seal coats. The work will be issued in delivery orders that will provide specific scope and requirements. The engineering services for the field investigations, assessments, analysis and designated repairs developed into the individual delivery orders for both contractors. ECMS is exceptionally qualified to provide these services and is recommended to provide the required engineering services. On March 30, 2016, the City received proposals from three (3) bidders and the bids are as follows: Contractor Part 1 Part 2 A. Ortiz Construction & Paving, Inc. Corpus Christi, Texas $1,813,485.00 Grace Paving & Construction, Inc. Corpus Christi, Texas $1,826,496.84 $1,831,369.84 National Power Rodding Corporation Austin, Texas $2,633,201.68 $2,600,732.56 ALTERNATIVES: 1. Authorize execution of two construction contracts for Part 1 and Part 2 with the Construction Phase Engineering Services contract. 2. Do not authorize execution of two construction contracts for Part 1 and Part 2 with the Construction Phase Engineering Services contract. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction, architectural and engineering contracts. Conforms to the FY 2015-2016 Street Operating Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $4,000,000.00 $4,000,000.00 Encumbered / Expended Amount 17,500.00 17,500.00 This item $3,821,734.84 $3,821,734.84 Future Anticipated Expenditures This Project 151,552.00 151,552.00 BALANCE $9,213.16 $9,213.16 Fund(s): 1041 Comments: RECOMMENDATION: City staff recommends execution of a construction contract with A. Ortiz Construction & Paving, Inc. for Part 1 and a construction contract with Grace Paving & Construction, Inc. for Part 2 and a Construction Phase and Observation Services contract with Engineering & Construction Management Services, LLC for $176,880.00 for the IDIQ Minor Street Improvement Project. Authorize the City Manager or his designee to administratively exercise the two additional option years. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Contract Form 1295 PROJECT BUDGET ESTIMATE Indefinite Delivery/Indefinite Quantity Minor Street Pavement Improvements FY 2015-2016 Project No. E15213 & E16250 -E16253 PROJECT FUNDS AVAILABLE: Street Operating Fund $ 4,000,000.00 TOTAL 4,000,000.00 FUNDS REQUIRED: Construction: Construction Part 1 (A. Ortiz Construction) Construction Part 2 (Grace Paving) Construction Inspection and Testing: Engineer - (ECMS ) Construction and Observation Services Construction Materials Testing Part 1 (Rock) Construction Materials Testing Part 2 (Rock) Design Fees: Engineer - (ECMS ) Reimbursements: Contract Administration (Contract Preparation/Award/Admin) Engineering Services (Project Mgt//Traffic Mgt Services) Misc. (Printing, Advertising, etc.) 1,813,485.00 1,831,369.84 176,880.00 10,026.00 10,026.00 17,500.00 50,000.00 80,000.00 1,500.00 TOTAL $ 3,990,786.84 ESTIMATED PROJECT BUDGET BALANCE $ 9,213.16 Corpus Chr sti Engineering Indefinite Delivery/Indefinite Quantity (IDIQ) Minor Street Improvements Council Presentation May 17, 2016 C I - v ▪ Repairs and improvements West of Ayers St. (Base Bid - Part 1 ) .11 Son qoo bsto rJ, Project Location �hrsti Engineering Petranda Tierra Grande pus hristl Ayers St. cnavrnan r+ancb of Ingleside r,i, The Ba -. Repairs and irnprovenlents East of Ayers St (Base Bid - Part 2) Project Scope �hrsti Engineering Project includes three contract actions: Citywide Indefinite Delivery Indefinite Quantity (IDIQ) Construction Contract to two contractors for minor street pavement repairs (1 -year) with two 1 -year option years • Base Bid (Part 1) to include repairs west of Ayers Street • Base Bid (Part 2) to include repairs east of Ayers Street • Engineering Services contract for the field investigations and preparation of the Delivery Orders Work includes minor street pavement rehabilitation/replacement, base repairs with limestone, and sub -grade stabilization, saw cutting, crack sealing, seal coating, milling, curb & gutter, driveway replacement, curb ramps, and minor utility manhole ring & cover and valve adjustments Project Schedule �hrsti Engineering 2015 2016 2017 Dec Jan Feb resign? Mar Apr Bid May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr Construction Construction Estimate: 365 Calendar Days 12 Months IDIQ Minor Street Improvements Includes Project Numbers: E16250-16253 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Odem Morgan Farm Area Sinton Rancho Chico Del Sol -Loma Linda Taft i arch San 7 Pedro Rpbstown Petronila Repairs and improvements West of Ayers St. (Base Bid - Part 1) Tierra Grande rpus r hristi Ayers St. Tradewinds C L)ovl e PuI t drr.l Ingleside Ingleside on the BHy Chapman Ranch Repairs and improvements East of Ayers St. (Base Bid - Part 2) VICINITY MAP NOT TO SCALE f Project Number: E15213 CITY OF CORPUS CHRISTI Construction Phase and Observation Services CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and ENGINEERING & CONSTRUCTION MANAGEMENT SERVICES, LLC, a Texas limited liability corporation, 5001 Oakmont, Corpus Christi, Nueces County, Texas 78413, (Consultant), hereby agree as follows: 1. SCOPE OF PROJECT IDIQ Minor Street Improvements (Project No. E15213) - This project is an IDIQ construction project to perform minor street pavement repairs involving pavement rehabilitation/replacement, base repairs with limestone, and sub -grade stabilization throughout the City. The work will be issued in delivery orders that will provide specific scope and requirements. The work will include new saw cutting, crack sealing, seal coating, milling, curb & gutter, driveway, sidewalk and ADA curb ramp replacement, minor utility manhole ring and cover and valve adjustments. Also included is the requirement to provide a pot hole repair crew, as needed. It is intended to award this project to two contractors as Part 1 and Part 2, with delivery orders geographically located. All provisions of this contract will apply to Part 1 and Part 2. 2. 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), and written authorization is provided by the Director of Engineering Services. 3. 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 Contract for Professional Services Page 1 of 7 K:\ENGINEERING DATAEXCHANGE\ANGIEM\STREET\E15213 IDIQ MINOR STREET IMPR\CONSTRUCTION AND OBSERVATION SERVICES \15-1209 AE AGREEMENT.DOC this contract. Consultant shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. FEE The City will pay the Consultant a fee as described in Exhibit "A" for providing services authorized, a total fee not to exceed $176,880.00. Monthly invoices will be submitted in accordance with Exhibit "B". 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 1 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 Contract for Professional Services Page 2 of 7 KIENGINEERING DATAEXCHANGEWNGIEMISTREETIE15213 ID10 MINOR STREET IMPRICONSTRUCTION AND OBSERVATION SERVICESI15-1209 AE AGREEMENT.DOC 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. 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' Contract for Professional Services Page 3 of 7 K\ENGINEERING DATAEXCHANGEANGIEMISTREEBE15213 tDIQ MINOR STREET IMPRICONSTRUCTION AND OBSERVATION SERVICES115-1209 AE AGREEMENT.DOC 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 less 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 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 Contract for Professional Services Page 4 of 7 KIENGINEERING DATAEXCHANGEIANGIEMISTREET1E15213 IDIO MINOR STREET IMPRICONSTRUCTION AND OBSERVATION SERVICES115-1209 AE AGREEMENT.DOC 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. 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 Contract for Professional Services Page 5 of 7 KIENGINEERING DATAEXCHANGEIANGIEMISTREETE15213 IDIQ MINOR STREET IMPRICONSTRUCTION AND OBSERVATION SERVICES115-1209 AE AGREEMENT.DOC 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:/lwww.cctexas.com/government/city-secretarylconflict- 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. 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. Contract for Professional Services Page 6 of 7 K'ENGINEERING DATAEXCI-A..NGEIANGJEM1STREET\E15213 IDIQ MINOR STREET IMPR\CONSTRUCTION AND OBSERVATION SERVICES115-1209 AE AGREEMENT. DOC CITY OF CORPUS CHRISTI ENGINEERING & CONSTRUCTION MANAGEMENT SERVICES, LLC. -4 7 [4. /-/tea) J. H. Edmonds, P.E. Date Felix H. Ocanas, Jr., .E. Date Director of Engineering Services President 5001 Oakmont Corpus Christi, Texas 78413 RECOMMENDED (361) 549-4576 Office ecros(c�att.net 3/8// Operating Departmen Da e APPROVED AS TO LEGAL FORM (LyL, (h _ .t} .511 te Legal Department Date Office of Management and Budget ATTEST ;Ili (1(4:0 Dat Rebecca Huerta Date City Secretary Project No. E15213 Accounting Unit: 1041-12430-051 Account: 530215 Activity: E15213011041 EXP Account Category: 30213 Fund Name: Street Operating Encumbrance No. Contract for Professional Services Page 7 of 7 K:4ENGINEERING DATAEXCHANGEIANGIEMkSTREETIE15213 IDIO MINOR STREET IMPRICONSTRUCTION AND OBSERVATION SERVICES115-1209 AE AGREEMENT.DOC EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS IDIQ MINOR STREET IMPROVEMENTS (Project Number 15213 I. SCOPE OF SERVICES A. Basic Services. 1. Preliminary Phase. : a. seatrasf.• 2. Construction Phase. The A/E will perform contract administration to include the following: (For Part 1 and Part 2 of this project) a. Participate in pre -construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Review for conformance to contract documents, shop and working drawings, materials and other submittals. c. Review field and laboratory tests. d. Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e. Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f. Prepare change orders as authorized by the City (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. h. As applicable, review and assure compliance with plans and specifications, the preparation of operating and maintenance manuals (by the Contractor) for all equipment installed on this Project. These manuals will be in a "multimedia format" suitable for viewing with Microsoft's Internet Explorer, version 3.0. As a minimum the Introduction, Table of Contents, and Index will be in HTML (HyperText Markup Language) format, with HyperText links to the other parts of the manual. The remainder of the manual can be scanned images or a mixture of scanned images and text. Use the common formats for scanned images - GIF, TIFF, JPEG, etc.. Confirm before delivery of the manuals that all scanned image formats are compatible with the image -viewing software available on the City's computer - Imaging for Win95 (Wang) and Microsoft Imaging Composer. Deliver the manuals on a CD-ROM, not on floppy disks. K:1EnglnearingWPROJECTISTREETSWIstiE15213 tOIQ fu9nor Street tmprwamnenlsSContreclltarge Intttan2 EXHIBIT A LARGE AE 101Q E15213.doc EXHIBIT "A" Page 1 of 5 i. Review construction "red -line" drawings, prepare record drawings of the Project as constructed (from the "red -line" drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings within two (2) months of final acceptance of the project. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a. Prepare applications/estimates for payments to contractor. b. Conduct the final acceptance inspection with the Engineer. B. Additional Services (ALLOWANCE) This section defines the scope (and ALLOWANCE) for compensation for additional services that may be included as part of this contract, but the NE will not begin work on this section without specific written approval by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The NE will, with written authorization by the Director of Engineering Services, do the following: 1. Construction Observation Services. Provide a project representative (PR) to provide periodic construction inspection. A. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the PR and assistants, the A/E shall endeavor to provide further protection for the CITY against defects and deficiencies in the work. B. The duties and responsibilities of the PR are described as follows: 1. General: PR will act as directed by and under the supervision of A/E, and will confer with A/E regarding PR's actions. PR's dealings in matters pertaining to the Contractor's work in progress shall in general be with A/E and Contractor, keeping the CITY advised as necessary. 2. Conference and Meetings: Attend meetings with Contractor, such as pre - construction conferences, progress meetings, job conferences and other project - related meetings as required by the City, and prepare and circulate copies of minutes thereof. 3. Liaison: A. Serve as liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. B. PR shall communicate with CITY with the knowledge of and under the direction of A/E 4. Interpretation of Contract Documents: Report when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as Issued. 5. Shop Drawings and Samples: A. Receive Samples, which are fumished at the Site by Contractor, and notify of availability of Samples for examination. B. Record date of receipt of Samples and approved Shop Drawings. K1EneneetingWPRRJECT\STREETSW6ac1E15213 CDIQ Minor Street Improvammn$ CortVacaLarge httUaR2 EXHIBIT A LARGE AE IDtG E15213.doc EXHIBIT "A" Page2of5 C. Advise Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which PR believes that the submittal has not been approved. 6. Review of Work and Rejection of Defective Work: A. Conduct on -Site observations of Contractor's work in progress to assist A/E in determining if the Work is in general proceeding in accordance with the Contract Documents. B. Report whenever PR believes that any part of Contractor's work in progress will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise City and A/E of that part of work in progress that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. C. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. 7. Records: A. Maintain orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the Contract, A/E's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. B. Prepare a daily report utilizing approved City format, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to A/E and the City. 8. Reports: A. Furnish periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. B. Report immediately to the CITY and A/E the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the work, and property damaged by fire or other causes. C. Provide project photo report on CD-ROM at the rate of a minimum of two photographs per day, including an adequate amount of photograph documentation of utility conflicts. 9. Completion: A. Before the issue of Certificate of Completion, submit to Contractor a list of observed items requiring completion or correction. B. Participate in a final inspection in the company of A/E, the CITY, and Contractor and prepare a final list of Items to be completed or corrected. C. Observe whether all items on final list have been completed or corrected and make recommendations concerning acceptance and issuance of the Notice of Acceptability of the Work. 2. Start-up Services. Provide on-site services and verification for all start-up procedures during actual start up of major Project components, systems, and related appurtenances if needed and required. K: lEngineeringlMPRGJEC RSTREETSWIsc1E152131G>Q liner Street Improve menbsContredllarge Mittefl2 EXHIBIT A LARGE AE IOIG El6213.doe EXHIBIT "A" Page 3 of 5 3 Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one- year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. 4 Provide the services above authorized in addition to those items shown on Exhibit "A-1" Task List, which provides supplemental description to Exhibit W. Note: The Exhibit "A-1" Task List does not supersede Exhibit "A". 2. SCHEDULE Day Date Activity Tuesday April 12, 2016 Contract Award Wednesday May 11, 2016 Begin Construction Thursday May 11, 2017 Complete Construction 3. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1-4, A/E will submit monthly statements for basic services rendered. In Section I.A.1-3, the statement will be based upon AIE's estimate (and City concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to AJE's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay the A/E a not -to -exceed fee as per the table below: K:1Engtaoawing1MPRQJECIISTREETS'Msc1Et5213 IDIQ Minor Street Improvements1ContrechLarge tnttlaR2 EXHIBIT A LARGE AE ID3Q E15213.doc EXHIBIT "A" Page 4 of 5 Su Basic Services Fees 2.Desig-Phase --- 3. Bid Phaco ---- 4. Construction Phase (12x22x3x$90) $71,280 Subtotal Basic Services Fees $71,280 Additional Services Fees (Allowance) 5. Construction Observation Services(12x22x8x$50) $105,600 7. Warranty Phase (included in 5 above) — Sub -Total Additional Services Fees Authorized Total Authorized Fee 176,880 K1EngtneertngIMPROJECT4STREETSILGsdEt5213 (DIQ I tutor Street daprovemmeffi1ContracMalge INUalt2 EXHIBIT LARGE AE 11310 E15213 -doe EXHIBIT "A" Page 5 of 5 • EXHIBIT "A-1" TASK LIST (Provides supplemental description to Exhibit "A". Exhibit "A-1" Task List does not supersede Exhibit "A.") CITY OF CORPUS CHRISTI, TEXAS IDIQ MINOR STREET IMPROVEMENTS (Project No. E15213) Basic Services (See Exhibit "A") Additional Services: (For Part 1 and Part 2) CONSTRUCTION OBSERVATION SERVICES 1) Provide construction observation services as authorized by the City in accordance with Exhibit 'A' of the Contract for Professional Services. 2) Conduct daily site visits to the project site during construction. 3) Prepare monthly reports and submit to City staff as required.. 4) Provide detailed coordination with City staff during construction. 5) Coordinate construction activities with materials testing laboratory. PUBLIC INVOLVEMENT PHASE 1) Assist the City in preparing notices, handouts and exhibits for public Information meetings. 2) Assist the City in conducting the public information meetings. 3) Assist the City with follow-up and response to citizen comments. 4) Revise contract drawings to address citizen comments, as directed by the City. WARRANTY PHASE Upon receiving authorization from the City to proceed, conduct a maintenance guaranty inspection toward the end of the one-year period after acceptance of the project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, correct or replace improvements under the maintenance guaranty terms of the construction contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action. EXHIBIT "A-1" Pagel oft i EngirteedngVAPROJECTiSTREETWAse1E1S213 [DIG Minor Street Imerovemere CeetredG erge IkLUat 3 EXHIBIT A-1 TASK LIST LARGE AE LDIQ E15213.doc 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 COMPLETE PROJECT NAME Project No. xxxxxx Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $15,117 $0 $0 $15,117 $0 $1,000 $1,000 7% 20,818 0 0 20,818 1,000 500 1,500 7% 0 0 0 0 0 0 O n/a 14,166 0 0 14,166 0 0 0 n/a 0% 0 0 0 0 0 0 0 $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% $0 $0 $0 $0 $0 $0 $0 n/a 0 0 0 0 0 0 0 n/a 9,011 0 0 9,011 0 0 0 0% 29,090 0 0 29,090 0 0 0 0% 1,294 0 0 1,294 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $39,395 $0 $0 $39,395 $0 $0 $0 0% $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% 39,395 0 0 39,395 0 0 0 0% $89,496 $0 $0 $89,496 $750 $1,500 $2,500 3% CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Christi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Engineering & Construction Management Services, LLC P. O. BOX: ccai a IC in, o ,,,- Y- CG v STREET ADDRESS: 5001 Oakmont FIRM IS: 1. Corporation e G14 y csch -44 )43 CITY: Corpus Christi ZIP: 78413 2. Partnership 4. Association 5. Other 3. Sole Owner LLL DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an `ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant 0 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Felix H. Ocanas Jr., P.E. Title: President (Type or Print) Signature of Certifying Person: 7 -Li -Ow,* DEFINITIONS Date: // Zo1 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." "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. g. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-14560 Date Filed: 02/17/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. ECMS, LLC Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract. E15213 Engineering Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling intermediary Felix , Ocanas : Corpus Christi, TX United States X 5 Check only 11 there is NO Interested Party. ❑ 6 AFFIDAVIT AFFIX NOTARY STAMP / SEAL ABOVE Sworn and subscribed before me, by the said 20 1 to certify which. witness my hand 1-e-' I swear, or affirm, underen p ally of perjury, that the above disclosure is true and correct. -R---1-4 /4., Signature of authorized agent of contracting business entity I X if f kt t r t(teb W is the ((1 day of •� "`+� '� , and At seal of office.' 46lOZ 6{Gyy 601I'd#6 'up�'wJO �Vdj��'°`'' `."�s tvt �ry{ �i ��j�� . . ��, • 1 ' sV I'4 41111,4, a t nature of officer administering oath � Prid name of officer administering oath 4 Titledf a mart s + •_• • •- Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.34944 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-50784 Date Filed: 05/05/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. A. Ortiz Construction & Paving Inc. Corpus Christi , TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E16250 Minor Street Improvements 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check if there is NO Interested Party. only 6 AFFIDAVIT AFFIX 20 I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. " ' AMANDA S MCBROOM — /1 Notary Public, State of Texas ettd-ATet.c "a�:;: ,,:.•fey;= My Commission Expires Signature of authorized agent of contracting business entity F•°.`,``' July 17, 2018 NOTARY STAMP / SEAL ABOVE ‘)11.11--1'�/�Swo r to. and subscribed before me, by the saidAlaCt_ . this the ` ' ` day of , 1 LP . to certify which, witness my hand and seal of office. A .)M vi,,v,, 1) Signature of officer administ ringoath Printed name of officer administ rin oath Title of officerv), aiioath 9 g ministering Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-50780 Date Filed: 05/05/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. A. Ortiz Construction & Paving Inc. Corpus Christi , TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E16251 Minor Street Improvements 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check if there is NO Interested Party. only El 6 AFFIDAVIT AFFIX 20 Swirl' I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. AMANDA S MCBROOM ` Notary Public, State of Texas My Commission Expires July 17, 2018 Signature of authorized agent ri' contracting business entity the day of "' 1 4 Tic.) 1Ai—n' :=TA'M'P 7S" i- A to acid subscribed before me, by the sai` 1)y-A-i.this d . to certify which, witness my hand and seal of office. - WkiT,y1' trk \\,''i IlitM 4\tralaP6 Signature of officer admin_ erin oath Printed name of officer a8 ministering oath Title of office administering oath 9 r3 Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-50777 Date Filed: 05/05/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. A. Ortiz Construction & Paving Inc. Corpus Christi , TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E16252 Minor Street Improvements 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. 0 6 AFFIDAVIT AFFIX S 20 1. ), ': +• ; � NOTARY n to and subscribed to I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. 1/ /1_ �[ M r' -gent AMANDA S MCBROOM `- Notary Public, State of Texas My Commission Expires July 17, 2018 Signature of authorized a(0 contracting business entity qq{� 111JtLi y this the J " ' ` day of ‘44.01 STAMP / SEAL ABOVE before me, by the said certify which, witness my hand and seal of office. rOurA 4,,L4Lati.tik,thh•fsk._ \\,04 -1014b11 -u ignature of officer admi - ering oath Printed name of officer ministering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-50775 Date Filed: 05/05/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. A. Ortiz Construction & Paving Inc. Corpus Christi , TX United States 2 Name of governmental entity or state agency that is a party to the contract tor which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E16253 Minor Street Improvements 4 Name of Interested PartyCity,State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. ''''=''• �,. 1-��rr AMANDA S MCBROOM Notary Public, State of Texas - �J ,r t , 1 7 s . t ..,; My Commission Expires ..'k o. ```' July 17,.2018 1 11 ure of authorized agent of�cling business entity AFFIX NOTARY STAMP / SEAL ABOVE VA') A,� Sw pi and subscribed before me, by the said hl l t N. 0 417i . this the V1 day of M Q 20 (J to certify which, witness my hand and seal of office. LP ilfia PON(0 0 P(1 4\-IstuukciA ;. 0_. room. _. q„ IlL tkA9 1 ai Signature of officer administering oath Printed name of officer administering oath le of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 3 there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-50843 Date Filed: 05/05/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Grace Paving And Construction, Inc. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being flied. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E16250, E16251, E16252, E16253 IDIQ Minor Street Improvements 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling intermediary Trayler, Teri Corpus Christi, TX United States X Ortiz, Eddie Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. 012%',-. TERI TRAYLER :*; _i_ '*= MY COMMISSION EXPIRES L41 'o;� MARCH 18, 2018 Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE / ! , Sworn to and subscribed before me, by the said 0 L 1411-1-- Al ( `L� , this the �" day of / al, , 20 /6" , to certify which, witness my hand and seal of office. Signature of officer admin i eying oath Printed name of offic r administering oath Title of officer administering oath rovsded by Texas Ethics Commission wv w.ethics.state.tx.us Version V1.0.1021 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 17, 2016 Action Item for the City Council Meeting of May 24, 2016 DATE: April 29, 2016 TO: Ronald L. Olson, City Manager THRU: Mark Van Vleck, P.E., Assistant City Manager MarkVV@cctexas.com (361) 826-3082 Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 FROM: Dan Grimsbo, Interim Director of Water and Utilities DanG@cctexas.com (361) 826-1718 Jeffrey H. Edmonds, P.E., Director, Engineering Services JeffreyE@cctexas.com (361) 826-3851 Engineering Design Contract O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase I CAPTION: Motion authorizing the City Manager or designee to execute an Engineering Design contract with LNV, Inc. of Corpus Christi, Texas in the amount of $95,467 for the O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase I for design, bid and construction phase services. PURPOSE: The purpose of this agenda item is to obtain authority to execute an engineering design contract needed for the O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase I. BACKGROUND AND FINDINGS: Sludge accumulation at the ONSWTP has been an on ongoing concern. The last dredging project was completed in 2000. Since then, various studies have been conducted to formulate a long-range sludge management strategy. This project will address immediate sludge removal needs while staff develops a more permanent sludge handling solution. Alum sludge is a by-product of the water treatment process. The sludge is then processed/stored in the lagoons to settle. Currently Lagoons 5 & 6 are the primary designated location to process sludge. Lagoon 7 was planned for additional capacity however Lagoon 7 is reaching critical sludge accumulation levels & is essential to plant operations. This proposed project will provide an intermediate solution for sludge management for ONSWTP. The ongoing evaluation and design determined that the sludge storage levels in Lagoon 7 could impact plant operations if not addressed. The focus of the proposed project is to ensure sludge accumulation does not affect the operations at ONSWTP while a more permanent solution is formulated. Once this project is underway the following steps will be taken towards implementation of the more permanent solution: • Enter into a design contract for Lagoon 8, a new solids handling lagoon, to be built adjacent to the existing pollywog ponds on the Northside of Highway 37. • Dredge Lagoon 7, the North and South Lagoons, and the Pre -Sedimentation, and place dredge material in Lagoon 8. • Install dredging equipment that will provide for continuous dredging of the North and South lagoon. • Implement a dredging maintenance schedule to dredge the basins as needed to prevent overfilling. ALTERNATIVES: 1. Authorize the execution of the engineering design contract. 2. Do not authorize the execution of the engineering design contract. (Not Recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $112,000.00 $1,388,000.00 $1,500,000.00 Encumbered / Expended Amount This Item $95,467.00 $95,467.00 Future Anticipated Expenditures This Project $16,533.00 $1,382,904.00 $1,399,437.00 BALANCE $0.00 $5,096.00 $5,096.00 Fund(s): Water CIP No. 8 Comments: This project requires approximately 458 calendar days with anticipated completion in August 2017. The contract will result in the expenditure of an amount not to exceed $95,467. RECOMMENDATION: City Staff recommends approval of the Engineering Design contract with LNV, Inc. of Corpus Christi, Texas in the amount of $95,467 for the O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase I for design, bid and construction phase services. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation Form 1295 PROJECT BUDGET O.N. STEVENS WATER TREATMENT PLANT INTERMEDIATE SLUDGE REMOVAL PHASE 1 FUNDS AVAILABLE: Water CIP 112,000 Future Water CIP 1,388,000 TOTAL 1,500,000 FUNDS REQUIRED: Construction: Construction Estimate 1,144,943 Contingencies (10%) 114,494 Construction Observation Estimate 52,500 Engineering and Testing: Engineering Design (LNV, Inc.) THIS ITEM 95,467 Testing Estimate 30,000 Reimbursements: Administration/Finance (Engineering/Capital Budget/Finance) 22,500 Engineering Services (Project Management) 30,000 Misc 5,000 TOTAL $1,494,904 PROJECT BUDGET BALANCE $5,096 0 CALALLEN.. CA LAIL GJ foca 5'j e C?.r'!e- q 14A up give/ E� 1 Project Location O.N. Stevens Water Treatment Plant VICI IMAP NOT TO SCALE 62. Project Number: E16246 O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase I CITY COUNCIL EXHIBIT 64Ali DEPARTMENT CORPUS CHRISTI, ���Es CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI CONTRACT FOR ENGINEERING DESIGN The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and LNV, Inc., a Texas corporation, 801 Navigation, Suite 300, Corpus Christi, Nueces County, Texas 78408, (Consultant), hereby agree as follows: 1. SCOPE OF PROJECT O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1 (Project No. E16246) - This project will provide the City with Basic and Additional Services for the design and development of bid documents for the improvements necessary for the recommended sludge removal option identified in the ELR for Amendment No. 1 to O.N. Stevens Water Treatment Plant (ONSWTP) Interim Sludge Management Improvements (E13052). The recommended option generally consists of dredging Lagoon No. 7 and pumping the dredged material into geotextile tubes for dewatering. The geotextile tubes will be pre -staged in a newly constructed dewatering cell adjacent to Lagoon No. 7. The geotextile tubes will be allowed to remain on site, awaiting disposal, fora maximum of two (2) years, per Texas Commission on Environmental Quality (TCEQ) requirements. The final disposal solution for the geotextile tubes and dewatered sludge is yet to be determined by the City. This project will remove the maximum quantity of sludge from the lagoons allowable within specific program budget constraints and will provide ONSWTP with a solution to restore a portion of the sludge storage capacity at ONSWTP and particularly in Lagoon No. 7 (Washwater Return Basin). 2. 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), and written authorization is provided by the Director of Engineering Services. 3. 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 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16246 ONSWTP INTERMEDIATE SLUDGE REMOVAL\CONTRACT\CONTRACT.DOC Page 1 of 5 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. 4. FEE The City will pay the Consultant a fee as described in Exhibit "A" for providing services authorized, a total fee not to exceed $95,467.00. Monthly invoices will be submitted in accordance with Exhibit "B". 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 Consultant agrees to comply with the insurance requirements in Exhibit "C". 7. TERMINATION OF CONTRACT The City may terminate this contract for convenience upon seven days written notice to the Consultant at the address of record. The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16246 ONSWTP INTERMEDIATE SLUDGE REMOVAL\CONTRACT\CONTRACT.DOC Page 2 of 5 In the event of termination, 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. 10.OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, inspection reports 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 For contracts that exceed $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16246 ONSWTP INTERMEDIATE SLUDGE REMOVAL\CONTRACT\CONTRACT.DOC Page 3 of 5 Form 1295 requires disclosure of "interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 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. 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. K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16246 ONSWTP INTERMEDIATE SLUDGE REMOVAL\CONTRACT\CONTRACT.DOC Page 4 of 5 CITY OF CORPUS CHRISTI LNV, I74. J.H. Edmonds, P.E. Date Dan =y= /-cker, P.E. Date Director of Engineering Services Preside 801 ' avigation, Suite 300 Corpus Christi, Texas 78408 (361) 883-1984 Office (361) 883-1986 Fax RECOMMENDED Operating Department Date APPROVED AS TO LEGAL FORM Legal Department APPROVED Office of Management and Budget ATTEST Date Date Rebecca Huerta City Secretary Date Project Name O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1 Project Number E16246 Accounting Unit 4093-041 Account 550950 Activity El 6246014093EXP Account Category 50950 Fund Name Water CIP MENGINEERING DATAEXCHANGELIENNIFERIWATER1E16246 ONSWTP INTERMEDIATE SLUDGE REMOVALICONTRACTICONTRACT.00C Page 5 of 5 EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS O.N. STEVENS WATER TREATMENT PLANT INTERMEDIATE SLUDGE REMOVAL PHASE 1 PROJECT NO. E16246 I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. The Architect/Engineer A/E (also referred to as Consultant) will: a) Prcparc PowcrPoint prcscntation in City format for City Council Meeting. -- • c) d) meetings to attendees within five working days of the meeting. Prepare geotechnical investigation findings (see additional services). Request available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. upgrades. Coordinate with the City's Project Manager and identify operating depa e s potentia ejeGt-1 eels. f) Develop preliminary street cross section recommendations. Prepare conceptual life cycle cost estimate with recommended pavement sections using Federal Highway Administration (FHWA) Real Cost Program. map. Prepare preliminary opinions of probablc construction coctc for thc recommended improvements. Develop drainage area boundary map for existing an€1-p-r-e-iaesed drainage areas served. Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems. Include the analysis of inlet capacity. Identify electric and communication utility companics and privatc pipclinc companies that may havc cxisting facilitics and must rclocatcd to accommodatc the proposed improvements. Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. Identify and analyze requirements of governmental authorities ham-j-u-risdiction to approve design of the Project including permitting, environmental, historical, construction, and gcotcchnical issucs; upon rcqucst or concurrcncc of thc TDLR, etc. n) Identify and recommend public outreach and community stakeholder requirements. o) Review City provided preliminary Traffic impact asccscment and providc recommendation for integration and/or additional requirements as appropriate. EXHIBIT "A" Page 1 of 10 Revised November 26, 2013 p) q) r) s) t) u) Prepare an Engineering Letter Report (20 25 page main body text document required per City Plan Preparation Standards Contract Format (CPPSCF).Engineering Letter Report to include: 1. Provide a concise presentation of pertinent factors, sketches, designs, cross sections, and parameters which will or may impact the design, including sequencing, alignment, cross section, geotechnical testing report, right of way requirements, conformance to master plans, identification of needed additional serviccs, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional -design. 3. Include existing site photos. /1. Provide opinion of probable construction costs. jurisdiction to approve design of the Project including permitting, City agent or with City participation and coordinate with agcncics such as TCEQ RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. 6. Provide an analysis on project impacts towards "re engineering" and affect. 7. Provide anticipated index of drawings and specifications. 8. Provide a summary table & required ROW parcels Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. Submit computer model file, results and calcula4e-Rs used to analyze drainage. Conduct Project review meeting with City staff to review and receive City - - . Manager. Assimilate all City review comments of the Draft Engineering Letter Report and provide one (1) set of the Final Engineering Letter Report (ELR) (electronic and hard copics using City Standards as applicable) suitable for reproduction. Assist City in presenting summary of EL R findings to the Bicycle and Pedestrian Subcommittee and the Transportation Advisory Committcc (TAC). Prcparc - --- an-GI-response to comments. City staff will provide one set only of the following information (as applicable): b) Requested record dramas, record information in cicctronic format as available from City Engineering files. b) The preliminary budget, specifying the funds available for construction. c) A copy of existing studies and plans. (as available from City Engineering files). d) Field location of existing city utilities. (A/E to coordinate with City Operating Department) EXHIBIT "A" Page 2 of 10 Revised November 26, 2013 c) Applicablc Mastcr Plans and GIS mapping are available on the City's website. f) City Control survey Bench marks and coordinates. g) Preliminary Traffic impact assessment. The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and only for the intended purpose of this project. Anv unauthorized use or distribution of the records provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. materials and/or contaminated soils that may be discovered during construction (to be included under additional services). c) Prepare construction documents in City standard format for the work identified- the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans in compliance with CPPSCF using English units on 11"x 17". 1. Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. 2. Provide Storm Water Pollution Prevention Plan, including construction drawings. e) Furnish one (1) set of the interim plans (60% submittal - electronic and hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive Summary, project checklist & drawing checklist" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. 2. Attend 60% submittal meeting with City Staff to assist staff in review of 60% submittal. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. g) Provide one (1) set of the pre final plans and bid documents (90% submittal ecution summary, project checklist and plan checklist. .so meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, and incorporate any rcquircmcnts into the plans and specifications, and advise City of responding and non responding EXHIBIT "A" Page 3 of 10 Revised November 26, 2013 participants as appropriate and, upon Notice to Proceed. i) Provide one (1) set of the final (100%) plans (unsealed and unstamped - electronic and half-size hard copy using City Standards as applicable) for City's final review. j) Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and half-size hard copy using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. k) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all submittals of the interim, pre -final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee, Consultant has not adequately addressed City - provided review comments or provided submittals in accordance with City standards.. I) Prepare and submit Monthly Status Reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. See Exhibit "A-2" for required form. m) Provide copy of contract documents along with appropriate fee to Tcxas accc�ibility rcquircmcnts for pcdestrian improvements (as authorized by Additional Services). The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. c) Provide electronic copy the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a) Prcparc draft Authorization to Advertise (ATA). b) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. c) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. d) Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. e) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. EXHIBIT "A" Page 4 of 10 Revised November 26, 2013 f) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re -advertise that particular portion of the Project for bids. g) Prepare Agenda Memoranda and PowerPoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. c) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase. The A/E will perform contract administration to include the following: a) Participate in pre -construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. c) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Prepare change orders as authorized by the City; provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Review, evaluate and recommend for City consideration Contractor Value Engineering proposal. h) Attend final inspection with City staff, provide punch list items to the City's Construction Engineers for contractor completion, and provide the City with a Certificate of Completion for the project upon successful completion of the project. i) Review Contractor -provided construction "red -line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be EXHIBIT "A" Page 5 of 10 Revised November 26, 2013 provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications/estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following:: 1. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: - - - L.1 in the ar b. TxDOT utility and environmental permits, multiplc use agrccmcnts c. Wetlas Delineation and Permit d. Temporary Discharge Permit c. NPDES Pcrmit/Amcndments (including SSC, NOI NOT) f. Texas Commission of Environmental Quality (TCEQ) Permits/Amendments g. Nueces County h. Texas Historical Commission (THC) U.S. Fish and Wildlife Service (USFWS) j. U.S. Army Corps of Engineers (USACE) k. United States Environmental Protection Agency (USEPA) Texas Department of Licensing and Regulation (TDLR ) m. Texas General Land Office (TGLO) n. Other agency project specific permits 2 Right of Way (ROW) Acquisition Survey. All work must comply with Category 1 A, Condition I specifications of the Texa. Society-ef-Rrofescional Surveyors' Manual of and in conformancc with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a) Pcrform survcys to determine apparent right of ways wid4hs. b) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish cxisting apparcnt ROW. NE must obtain Preliminary Title Reports from a local title company and providc copics of the titic rcports to the City. Prcliminary Titic Report shall identify title ownership and any title encumbrances to all right of way to be acquired. c) Provide a preliminary base map containing apparent ROW, which will be used by the NE to develop the proposed alignment and its position relative to the existing EXHIBIT "A" Page 6 of 10 Revised November 26, 2013 annd-repoccd ROW. This prcliminary base malt show lot or property lines, land ownership and addresses as per appraisal district records. d) Prepare Metes and Bound Instrument with supporting exhibits as required and agrccd upon, cubccqucnt to ELR acccptancc for ROW parccls, utility accmcnts and tcmporary construction easements. 3. Topographic Survey and Parcel Descriptions All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal/vertical control. c) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. — the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non -GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil/pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third -parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface engineering (SUE) shall be provided as part of the scope of work for SUE. i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. I) Set property corners and prepare right of way strip parcel map depicting all parcelc-pre{pesed for acquisition. Metes ids dcccriptions must indicatc parent tract areas based on the most accurate information available. Strip map casements within the parccls to be acquired ad'hese within adjacent parcels must be shown. m) Prepare individual signed and sealed parccl maps and Icgal dcccriptions for the required right of way acquisition for parcels and easements. A strip map showing all parccls rcquircd will be submitted along with parcel descriptions. Additional fees may be required in resolving boundary conflicts between Owners. NE shall submit parcel maps and legal descriptions prior to the 60% submittal. and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. EXHIBIT "A" Page 7 of 10 Revised November 26, 2013 5. Public Involvement. Participatc in two public mcctings. Onc public mccting shall bc held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare notices, PowerPoint presentations, his and exhibits for meetings. Provide follow up and response to citizen comments. Revise contract drawings to addrecs citizcn commcntc, as dircctcd by thc 6. Subsurfane Utility Inyectiivation a) Providc subsurfacc utility engineering in accordance with ASCE Standard "ASCE C I, 38 02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data" including, but not limitcd to, hydro cxcavation. Thc proposed subsurface , t estigation will be as follows: i) Excavation The survey scope includes working with a subsurface utility cavator to perform Quality Level A invcstigation of underground utilities in specified areas through the project limit. (Quality Lovcl A involvcs thc atla-s quality Icvcl will be physically located and tied to the topographic obtained to the top of the utility. ii) Utility Location The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, pests, etc., and correl tis information with existing utility records.) These utilities will locations. iii) Storm Water Storm water facilitics within thc projcct limits will bc located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. iv) Wastewater Wastewater facilities within the project limits will be located to Quality Level C. Loca4e-ns will be based on the surveyed locations of v) construction related excavation shall be located at Quality Level A. Water Water facilities within the project limits will be located to Quality Level C. C by the A/E. Thc City of Corpus Christi Gas Dcpartmcnt will providc Quality Level A. The A/E will coordinate this activity. b) Inform local franchises-w#ese utilities fall within the footprint of construction related excavation of the potential for encountering their utility lines during construction. 7. Construction Observation Services. To Be Determined. 8. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City EXHIBIT "A" Page 8 of 10 Revised November 26, 2013 staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. 9. Start Up Services. Provide on-site services and verification for all start up procedures if needed and required. 10. Contractor and Invoice Coordination for Contract Renewal (TBD). Please see Exhibit A-1. Provide the services above authorized in addition to those items shown on Exhibit "A-1" Task List, which provides supplemental description to Exhibit "A". Note: The Exhibit "A-1" Task List does not supersede Exhibit "A". II. SCHEDULE Date Activity TBD A/E Contract Execution (NTP) 2 Months after NTP 60% Design Submittal 4 Months after NTP 100% Design Submittal 5 Months after NTP Final Design Submittal 6 Months after NTP Advertise for Bid 9 Months after NTP Award Construction/Service Contract 15 Months after NTP Dredging Operation Completion III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided, A/E will submit monthly statements for services rendered. The statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay the A/E a not -to -exceed fee as per the table below: EXHIBIT "A" Page 9 of 10 Revised November 26, 2013 Summary of Fees EXHIBIT "A" Page 10 of 10 Revised November 26, 2013 Basic Services Fees 1 Preliminary Design Phase $0 2 Design Phase $45,105 3 Bid Phase $10,080 4 Construction Phase $32,770 Subtotal Basic Services Fees $87,955 Additional Services Fees (Allowance) 1 Permit Preparation $1,300 2 ROW Acquisition $0 3 Topographic Survey $4,092 4 Environmental Issues $0 5 Public Involvement $0 6 SUE $0 7 Construction Observation Services $0 8 Warranty Phase $2,120 9 Start -Up Services $0 10 Contractor & Invoice Coord. for Contract Renewal (TBD) $0 Sub -Total Additional Services Fees Authorized $7,512 Total Authorized Fee $95,467 EXHIBIT "A" Page 10 of 10 Revised November 26, 2013 it,City of Corpus Christi EXHIBIT "A-1" SCOPE OF WORK LIMNSolutions Today with a Vision for Tomorrow engineers architects contractors TBPE Firm No. F-366 CITY OF CORPUS CHRISTI O.N. STEVENS WATER TREATMENT PLANT INTERMEDIATE SLUDGE REMOVAL PHASE 1 CITY PROJECT NO. E16246 PROJECT DESCRIPTION: The purpose of this project is to remove the maximum quantity of sludge from the lagoons at the City of Corpus Christi's O.N. Stevens Water Treatment Plant (ONSWTP) allowable within specific program budget constraints. This project will provide ONSWTP with a solution to restore a portion of the sludge storage capacity at ONSWTP and particularly in Lagoon No. 7 (Washwater Return Basin). The consultant will design and develop bid documents for the improvements necessary for the recommended sludge removal option identified in the ELR for Amendment No. 1 to O.N. Stevens Water Treatment Plant Interim Sludge Management Improvements (E13052). The recommended option generally consists of dredging Lagoon No. 7 and pumping the dredged material into geotextile tubes for dewatering. The geotextile tubes will be pre -staged in a newly constructed dewatering cell that will be designed to contain and convey permeate and stormwater runoff from the dewatering cell back to Lagoon No. 7, preventing unauthorized discharge. The geotextile tubes will be allowed to remain on site, awaiting disposal, for a maximum of two (2) years, per TCEQ requirements. The final disposal solution for the geotextile tubes and dewatered sludge is yet to be determined by the City. In addition to Design Phase services, the consultant will also provide Bid Phase and Construction Administration services. The scope of work is further detailed in the following sections. I. SCOPE OF SERVICES A. BASIC SERVICES 1. PRELIMINARY PHASE The Preliminary Phase for this project has been largely completed and presented in the ELR for Amendment No. 1 to O.N. Stevens Water Treatment Plant Interim Sludge Management Improvements (E13052) and as such will not require an additional ELR. 2. DESIGN PHASE Although an additional ELR will not be required, the previous ELR was not a full 30% design and did not include plan sheets at a 30% level of completion. This portion of the design development will be completed in the Design Phase. City Proj. No. E16246 ONSWTP Intermediate Sludge Removal Phase 1 LNV Proj. No. 150625 Exhibit "A-1" Page 1 of 14 a) The Consultant will develop the appropriate construction drawings, specifications and contract documents to deliver the project improvements and services in two separate parts as described below. The intention of dividing the project elements in to two separate parts is that Part 1 will be a one time construction project to make necessary improvements to the ONSWTP site. Part 2 will be a bid package for a renewable service contract for dredging and dewatering. While both parts will be bid together for the initial contract, Part 2 will be available to be reissued for subsequent service contracts with minimal revision. (1) Part 1 — Dewatering Cell Construction Part 1 will consist of the improvements at ONSWTP required to allow sludge dewatering using geotextile tubes. (a) Dewatering Cell Design The Consultant will develop the appropriate construction drawings and specifications for a dewatering cell designed to contain the permeate from the geotextile tubes during the sludge dewatering process. The cell will be designed to collect and convey the permeate in addition to any stormwater runoff from rainfall that falls within the dewatering cell. The necessary capacity will be determined by combining anticipated dewatering flow rates and stormwater flow rates. The dewatering cell design will generally consist of the following tasks: (i) Establish Dewatering Cell Boundary The boundary will be established by conducting a topographic survey and reviewing record documents in order to identify underground utilities in the proposed area. Additionally, the size and spacing of the geotextile tubes required to dewater the desired amount of sludge will be further defined. The dewatering cell boundary will be designed to ensure adequate space for the required geotextile tubes. (ii) Select Dewatering Cell Liner Material The liner material will be selected in order to facilitate dewatering by promoting positive drainage away from the geotextile tubes. Additionally, the consultant will consider the durability of various liner material options to provide optimal operational life expectancy when subjected to heavy equipment during the removal of dewatered sludge. (iii) Develop Dewatering Cell Drainage Channel Layout The drainage channels within the dewatering cell will be designed to minimize footprint while having adequate capacity to convey peak flows and facilitate dewatering by promoting positive drainage away from the geotextile tubes. (iv) Evaluate Peak Permeate Flow Rate In order to properly size the drainage channels, the peak permeate flow rate must be calculated. This peak flow rate will account for the water pumped during dredging that is not retained in the geotextile tube as well as the water that will City Proj. No. E16246 ONSWTP Intermediate Sludge Removal Phase 1 LNV Proj. No.150625 Exhibit "A-1" Page 2 of 14 continue to permeate the tubes at flow rates that will vary with time and decreased water content in the solids. (v) Select Design Storm and Evaluate Peak Runoff The design storm will be selected based on best practices for structures of a similar nature. The design storm rainfall intensity will be used for evaluation of the peak stormwater runoff expected from the dewatering cell. (vi) Develop Dewatering Cell Containment Berm Height, Material, and Construction Requirements The consultant will consider expected permeate flow rate, stormwater flow rate, topography, in-situ material, flow velocity and various other characteristics of the dewatering cell design to select an appropriate berm height, cross section, material composition, and construction requirements. (vii) Develop Dewatering Cell Drainage Channel Cross Section(s) The Consultant will consider the drainage channel layout, expected flow rates, slopes, and allowable space within the dewatering cell to determine the required width and depth of the individual drainage channels. Additionally, the Consultant will make considerations for minimizing flow velocity and erosion potential. (b) Road Crossing & Outfall Structure Design The Consultant will develop the appropriate construction drawings and specifications for a drainage structure designed to convey peak flows from the dewatering cell to Lagoon No. 7. This conveyance structure will cross the dirt access road on the northwest side of Lagoon No. 7. The dewatering cell design will generally consist of the following tasks: (i) Establish Optimum Road Crossing Location The road crossing location will make use of the topographic survey, record documents and input from plant staff. The road crossing location will be selected to minimize conflicts with plant operations and infrastructure and to maximize drainage from the dewatering cell into Lagoon No. 7. (ii) Develop Detail for Connection of Outfall Structure to Dewatering Cell Drainage Channel(s) and Berm Penetration The consultant will design a structure similar to a culvert that will convey flows from the dewatering cell through the cell berm, under the dirt access road, and into Lagoon No. 7. The structure will consist of a transition from an open channel to a closed conduit before it crosses the containment berm. This transition will be designed to facilitate flows by reducing turbulence and obstruction while resisting erosion. The berm penetration will be designed to withstand the weight and differential settling forces possible within the berm while simultaneously maintaining the integrity of the berm, structurally and hydraulically. City Proj. No. E16246 ONSWTP Intermediate Sludge Removal Phase 1 LNV Proj. No.150625 Exhibit "A-1" Page 3 of 14 (iii) Develop Detail for Lagoon No. 7 Berm Penetration/Outfall Structure The consultant will design the Lagoon No. 7 outfall structure which will be the discharge point for all flows contained and conveyed by the dewatering cell. The consultant will design the outfall structure to preserve the structural and hydraulic integrity of the Lagoon No. 7 berm. The consultant will also design the outfall structure to minimize or eliminate erosion potential and facilitate hydraulic flow into Lagoon No. 7. (iv) Establish Minimum and Maximum Road Crossing Flow Line Elevation and Pipe Diameter. The Consultant will design the road crossing by evaluating the minimum required flow line, slope, and cross section of the conveyance structure that will provide adequate flow capacity and promote positive drainage to Lagoon No. 7. (v) Select Road Crossing Piping Material The Consultant will execute this task simultaneously with task (vi) below in order to select a material that is cost effective and will provide adequate strength to resist the expected loads within given cover parameters. (vi) Determine Anticipated Loads and Minimum Cover Requirements The consultant will evaluate the minimum cover requirements for the expected magnitude and frequency of vehicle and equipment loading in the immediate area. The minimum cover will be selected in conjunction with the material selected in task (v) above in order to maintain the structural integrity of the dirt access road and the structural and hydraulic integrity of the conveyance structure crossing the road. (2) Part 2 — Dredging and Dewatering Services Part 2 will consist of the services, materials, and equipment required to dredge and dewater sludge from Lagoon No. 7 using dredging equipment and geotextile tubes. (a) Lagoon No. 7 Dredging The consultant will develop drawings and specifications as required to establish the limits, technical requirements, and schedule allowances for the anticipated sludge removal quantities. (b) Sludge Distribution Piping The Consultant will develop drawings and specifications as required to establish the technical requirements for the anticipated sludge removal quantities and flow rates. (c) Geotextile Tubes The Consultant will develop drawings and specifications as required to establish the technical requirements for the geotextile tubes to effectively dewater sludge with considerations being given to removal rates and sludge characteristics. The City Proj. No. E16246 ONSWTP Intermediate Sludge Removal Phase 1 LNV Proj. No.150625 Exhibit "A-1" Page 4 of 14 geotextile tubes will also be appropriately designed and sized to be compatible with the dewatering cell configuration. b) 60% Design Submittal The Consultant will prepare and submit, for City comment and approval, preliminary Contract Documents. The Contract Documents will include preliminary front end documents, preliminary plan sheets, and preliminary specifications which will all be developed to a 60% level of completion. c) 100% Design Submittal The Consultant will prepare and submit, for City comment and approval, 100% Contract Documents. The 100% set of Contract Documents will be a continuation of the 60% design phase. Work will generally include addressing review comments from the 60% design, completing general and project details, completing plan sheets, and completing specifications which will all be developed to a 100% level of completion. These documents will be submitted to the City for review, comment and approval. d) Final Design Submittal The Consultant will prepare the Final Design Submittal which will consist of a final set of specifications, plan sheets, and front end documents that have addressed all comments and are signed and sealed by a professional engineer registered in the state of Texas. The consultant will also prepare the documents for distribution to the City and bidding contractors. e) Quality Assurance/Quality Control (QA/QC). The Consultant will follow established internal QA/QC procedures in order to ensure that all submittals to the City are consistent with the level of completion expected. As part of the established internal QA/QC procedures, all submittals will be reviewed by a subject matter expert who is not involved with the project design or administration. The submittal will be reviewed for general completeness, technical accuracy, and conformance with project scope and intent. Review comments will be issued and responses will be documented for each submittal. City Proj. No. E16246 ONSWTP Intermediate Sludge Removal Phase 1 LNV Proj. No.150625 Exhibit "A-1" Page 5 of 14 3. Bid Phase This task will consist of assisting the City with conducting a Pre -Bid Conference, preparing the Pre -Bid Conference minutes, responding to bidder questions, preparing addenda, and evaluating the bids, and recommending an award to the Contractor. The City will advertise the bid and distribute the bidding documents (plans, specifications, and addenda) to the interested bidders and suppliers. a) Sampling and Bench Testing Coordination & Support During bid advertisement, the consultant will coordinate with all identified prospective bidders to allow and assist them in obtaining sludge samples from Lagoon No. 7 for analysis and bench testing. This process will allow prospective bidders to determine effectiveness of dewatering equipment and the required quantities of polymer and other dewatering aids as necessary. By determining the effectiveness and required quantities, the accuracy of the bids will be improved. b) Pre -Bid Conference Approximately 3 weeks after the notice of bids has been advertised by the City, the Consultant will assist the City in conducting a Pre -Bid Conference to review the details of the project and solicit questions regarding the Bid Documents. The Consultant will prepare a draft agenda for City review, address the review comments and finalize the agenda, and document the conference in writing within 5 working days. c) Bidding Coordination and Addenda Preparation The Consultant will answer City and Contractor questions, develop written responses in the form of Contract Addenda, provide (1) set of any required addenda for distribution to Bidders, and provide overall support to City during the bid advertisement period. The addenda will include, as needed, (1) full size and (1) half-size sets of addenda drawings for distribution by the City to interested Bidders. d) Bid Evaluation and Recommendation of Award The Consultant will tabulate and review all bids received for compliance with the requirements of the Bid Documents, including addenda. After consultation with City, the Consultant will prepare a written award recommendation based on this review and knowledge of proposed contractors' and subcontractors' past performance records. 4. Construction Administration Phase The intent of the Construction Administration Phase is to assist the City in confirming that construction of the Project is carried out in accordance with the requirements of the Contract Documents and to help facilitate and enable the Work City Proj. No. E16246 ONSWTP Intermediate Sludge Removal Phase 1 LNV Proj. No.150625 Exhibit "A-1" Page 6 of 14 to progress in an efficient and cost-effective manner, while maintaining facility operations. The anticipated construction duration is 6 months. a) General Project Administration and Meetings The tasks described below as part of the General Project Administration and Meetings task are estimated to consist of one Pre Construction Meeting and five (5) Monthly Status Meetings during the construction phase. Also included are approximately twelve (12) hours per month for six (6) months of coordination, correspondence, and record keeping. These tasks are further described below. (1) As the designated Design Consultant for the project, LNV will consult with and advise the City and act as its representative during construction. The Consultant will serve as the central point of contact for the Contractor. Instructions from the City to the Contractor(s) will be issued through the Consultant, who will have authority to act on behalf of the City to the extent provided in this Scope of Work, except as otherwise provided in writing. However, The Consultant will not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor(s) (except as otherwise specified in the Contract Documents) or the safety precautions and programs incident to the Work of the Contractor(s). (2) The Consultant will conduct specific inspections required by governing Codes, prepare applicable documentation and records of such inspections, and certify compliance with design requirements and governing Codes, as applicable. The Consultant will accompany visiting inspectors representing public or other agencies having jurisdiction over the Project and will record and report the outcome of these inspections. (3) The Consultant will review factory test reports as required by the Contract Documents and verify that the data reported meets the requirements of the contract documents. The Consultant will review test reports, whether by the Contractor or the Design Consultant, for compliance with quality standards and will take appropriate action to obtain additional data if necessary regarding the quality of materials and work in-place. (4) The efforts of the consultant will be directed toward providing a greater degree of confidence for the City that the completed Work of the Contractor conforms to the Contract Documents. However, the Consultant will not be responsible for the failure of Contractor to perform the Work in accordance with the Contract Documents. (5) On the basis of onsite examination of materials, equipment, and workmanship, the consultant will keep the City informed of the progress of the Work, will endeavor to guard the City against defects and deficiencies in such Work, and may disapprove or reject Work failing to conform to the Contract Documents. This task will include the following items: City Proj. No. E16246 ONSWTP Intermediate Sludge Removal Phase 1 LNV Proj. No.150625 Exhibit "A-1" Page 7 of 14 (6) Conduct a pre -construction conference. At the conference, the Consultant will identify field services to be provided and discuss appropriate coordination procedures. The Consultant will prepare an agenda for the meeting and will prepare and distribute the meeting notes. (7) Provide construction administration, quality control, value engineering support and coordination: The Consultant will provide construction administration and quality control services during the course of the project to assure that the overall technical correctness of the construction phase services and that specified procedures are being followed and the Consultant's schedules are being met. The Consultant will provide coordination functions during the construction phase as follows: (a) Hold coordination meetings with the City and Contractor. (b) Coordinate with regulatory and approving agencies and utilities as required. (c) Coordinate the work of specialty sub -consultants assigned to the project. (8) Maintain and provide detailed project records and documentation during the construction phase. Project records will include correspondence, schedules, submittals, test data, project data, payments, change orders, meeting minutes, clarifications, mark-ups of drawings and specifications, Contractor daily logs and other such documentation. Daily logs will be kept to document the progress and issues associated with the Work. In particular, Contractor daily logs should include dredging progress, quantities and characteristics of sludge dredged and dewatered, moisture content of the solids at various stages of dewatering, sludge levels in the Lagoon, average sludge removal rate, and dewatering rates. Project records will be delivered to the City's representative upon completion of the construction contract. Records will be maintained at the Consultant's office. b) Review Submittals and Test Results (1) The Consultant will receive, log and distribute for review and approval the submittals, shop drawings, samples, test results, operations and maintenance manuals, and other data that Contractor is required to submit. The Consultant will distribute and file the submittals after review action has been taken. The Consultant will follow-up to verify that revisions are made and resubmitted as required and will verify that such required submittals are received and approved prior to installation or payment for the materials covered. The Consultant will also perform a review of the schedule of shop drawing submissions and schedule of values prepared by Contractor and will discuss status of the submittals at construction progress meetings. The Consultant will be responsible for completing the submittal reviews within 15 business days and for monitoring the status and timeliness of responses. City Proj. No. E16246 ONSWTP Intermediate Sludge Removal Phase 1 LNV Proj. No.150625 Exhibit "A-1" Page 8 of 14 (2) The Consultant will review and approve product data, shop drawings, samples, test results, operations and maintenance manuals, and other data that the Contractor is required to submit. However, such reviews will be conducted only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents. Such review and approval or other action will not extend to means, methods, sequences, techniques or procedures of construction selected by Contractor, or to safety precautions and programs incident thereto. (3) As part of this task, the Consultant will maintain a submittal log showing dates of submittal, transmittal action to other sub -consultants, dates of return and review action. Copies of the log will be furnished to the City and the Contractor monthly. The Consultant will also evaluate the Contractor's request for substitutions. Submittal review efforts are based on a maximum of two (2) reviews per submittal and that no more than fifty percent (50%) of the total number of first submittals will require two (2) reviews. The level of effort for this task is based on receiving 4 shop drawing submittals along with various material submittals. Not included in the scope of work for this task is the witnessing of specification compliance testing at manufacturer's factories. c) Issue Interpretations and Clarifications (1) The Consultant will act as the main point of contact for interpretation of the requirements of the Contract Documents and judge of the acceptability of the work based on the requirements shown or specified. The Consultant will be responsible for responding to Requests for Information (RFI) within 5 business days and for monitoring the status and timeliness of responses. (2) As part of this task, the Consultant will maintain a RFI log showing dates of submittal, transmittal action to other sub -consultants, dates of return, and a summary of the response. Copies of the log will be furnished to the City and the Contractor monthly. The level of effort for this task is based on receiving 10 RFIs. (3) As specified in the General Conditions of the Contracts, the Consultant will interpret and issue decisions on claims of the Contractor(s) or the City relating to the acceptability of the work or the interpretation of the requirements of the Contract Documents or pertaining to the execution and progress of the work. The Consultant will also have authority, as the City's representative, to require special inspection or testing of the work. (4) The Consultant will issue interpretations and clarifications of the Contract Documents, as requested by the Contractor(s) or as deemed necessary by the Resident Engineer, to facilitate proper fabrication, construction, or installation of work. The Consultant will render interpretations or decisions in good faith and in accordance with the requirements of the Contract Documents (e.g., within 10 -days). City Proj. No. E16246 ONSWTP Intermediate Sludge Removal Phase 1 LNV Proj. No.150625 Exhibit "A-1" Page 9 of 14 (5) In the event of a claim or dispute by the Contractor, the Consultant will interpret the requirements of the Contract Documents and judge the acceptability of the work. The Consultant will make written recommendations to the City on all claims of the Contractor related to acceptability of the work, or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of work, or additional work as deemed necessary by the City. d) Site Visits (1) The Consultant will conduct regular visits to the site (at least two (2) per month) to familiarize themselves with the status of work, make spot checks of work -in -progress, verify conformance with the design intent, and conduct detailed coordination of construction issues. During site visits the Consultant will verify quantities and characteristics of sludge being dredged and dewatered along with moisture content of the solids at various stages of dewatering and sludge levels in the Lagoons based on Contractor daily logs in order to track and provide the data to the City monthly. A total of twelve (12) site visits are anticipated for the duration of construction. e) Change Orders (1) The Consultant will review cost and time estimates for change orders and for Contractor's claims for additional cost or compensation due to differing site conditions, force majeure, material or equipment shortages, or other causes in order to determine whether they are justified under the Contract. The Consultant will also provide an estimate of the additional Design Consultant costs (if any) that would be incurred as a result of the change order. (2) The Consultant will make recommendations to the City's Project Manager on the amount of additional compensation, credit, or time extension due to the Contractor. In addition, the Consultant will clarify matters and work to resolve discrepancies with the Contractor. (3) The Consultant will perform necessary design revisions in connection with change orders to reflect modifications requested by the City, or as required by unforeseen conditions. Limited hours for coordination of the resulting change order requests and any additional Design Consultant research and design efforts are included in this scope. (4) The Consultant will also perform necessary design revisions authorized by the City in connection with change orders to reflect modifications requested by the Contractor and will perform services in evaluating substitutions proposed by Contractor. Limited hours for coordination of the resulting change order requests and any additional Design Consultant research and design efforts are included in this scope. (5) The Consultant will consider and evaluate Contractor's suggestions for changes in the Contract Drawings or Specifications and respond as appropriate or as required by the Contract Documents. The City Proj. No. E16246 ONSWTP Intermediate Sludge Removal Phase 1 LNV Proj. No.150625 Exhibit "A-1" Page 10 of 14 Consultant will coordinate with the City and provide recommendations pertaining to the suggested design modifications. f) Substantial Completion/Final Acceptance Inspection g) (1) Following notice from the Contractor, the Consultant will conduct an inspection to determine if the Project is substantially complete in accordance with the construction documents. If the Consultant considers the work substantially complete, then the Consultant will deliver to City and the Contractor a Certificate of Substantial Completion and a list of observed items requiring completion or correction (punch list), date for completion for the punch list, and recommendation for division of responsibilities between the City and the Contractor. (2) The Consultant will conduct a final inspection to determine if the finished Work has been completed to the standard required by the Contract Documents and that Contractor has fulfilled its obligations as required. This inspection will be based on the punch list and any other functional or operational deficiencies that occur in the time period between when the punch list is generated and the Final Inspection. A final list of items to be completed or corrected in accordance with the requirements of the construction documents will be prepared and submitted to the Contractor. (3) After the Contractor has completed the work of the final punch list and upon written notice from the Contractor, the Consultant will review and determine that items on the final list have been completed or corrected and make recommendations to the City concerning acceptance and final payment. Record Drawings & O&M Manuals (1) The Consultant will prepare and deliver to the City record drawings of the constructed work both in hard copy and complete electronic files for the project in AutoCAD and PDF. Record drawing information will be obtained from redlined drawings prepared by the Contractor. (2) The Consultant will compile and review O&M Manuals prepared by the Contractor. The Consultant will request revisions as needed and deliver final O&M Manuals to the City in both PDF and hard copy formats. B. Additional Services (Allowance) 1. Permit Preparation a) This item is for tasks to be determined and is an allowance in which the Consultant will provide permitting support to the City and Contractor as needed. This will include any required submittals notifying TCEQ of the commencement of dredging and sludge storage operations or other associated documentation still to be determined. City Proj. No. E16246 ONSWTP Intermediate Sludge Removal Phase 1 LNV Proj. No.150625 Exhibit "A-1" Page 11 of 14 2. ROW Acquisition This task will not be required for this project. 3. Topographic Survey a) A detailed topographic survey of the approximately 8 acres of proposed dewatering cell area will be conducted to identify natural drainage patterns and slopes. The topographic survey will also aid the Consultant in determining the cut and fill balance for the grading plan of the proposed dewatering cell. The topographic survey will be performed in accordance with the requirements stated in Exhibit A. 4. Environmental Issucs This task will not be required for this project. 5. Public Involvement This task will not be required for this project. 6. Subsurface Utility Exploration This task will not be required for this project. 7. Construction Observation Services TBD 8. Warranty Phase a) The Consultant will coordinate warranty items between the City and the Contractor during the one year warranty period after substantial completion of the project. This task will include preparation of requests to Contractor on behalf of the City for warranty item service calls. b) The Consultant will coordinate and conduct a warranty site inspection and associated report in accordance with Exhibit. A. 9. Start -Up Services This task will not be required for this project. 10. Contractor and Invoice Coordination for Contract Renewal (TBD) Upon completion of Part 2 of the construction contract described above, the City will have the option to renew the contract for an additional quantity of sludge and contract time based on Contractor performance. The Consultant will perform tasks City Proj. No. E16246 ONSWTP Intermediate Sludge Removal Phase 1 LNV Proj. No.150625 Exhibit "A-1" Page 12 of 14 during each renewal period to assist the City and Contractor in contract renewal efforts as described below. a) The Consultant will review and evaluate Contractor daily logs in order to determine anticipated dredging and dewatering rates for each subsequent contract renewal. b) Based on average dredging and dewatering rates, expected sludge production rates, and observed sludge levels, the Consultant will develop expected quantities for each subsequent contract renewal. c) The Consultant will provide suggestions for improvements to dredging and dewatering options and coordinate with City and Contractor to implement improvements as agreed upon by City and Contractor. d) The Consultant will revise applicable plan sheets as required to reflect the new dredging limits and issue revised sheets as a new Task Order. e) The Consultant will track program progress, expenditures and available program funds by compiling Contractor pay requests and sludge removal quantities from contractor daily logs and will provide the data to the City monthly. f) The Consultant will provide regular updates to the City on funds allocated and funds remaining. g) The Consultant will meet with City staff and Contractor to provide interpretations/clarifications of the plans, specifications and/or contract procedures. h) The Consultant will coordinate with City staff on any required changes throughout the duration of the project as directed by the City. i) The Invoice Coordination allowance described above is based on seven (7) months of service per calendar year for each contract renewal period and assumes an effort of approximately 19-hrs per month for a maximum of 5 contract renewals (5 years). The seven (7) month time frame is based on a one (1) month plan and contract document revision and re -issue period and six (6) month construction/service period. j) For contract renewals executed after the completion of the original contract, site visits will be reduced to once monthly for two (2) hours per visit for six (6) month construction duration for a maximum of five (5) contract renewals for a total of 60 hours over 5 years. An additional 2 hours per year is assumed for final walkthrough and closeout documentation. City Proj. No. E16246 ONSWTP Intermediate Sludge Removal Phase 1 LNV Proj. No.150625 Exhibit "A-1" Page 13 of 14 SUMMARY OF FEES: SCHEDULE: Date Basic Services Fees 1 Preliminary Design Phase $0 2 Design Phase $45,105 3 Bid Phase $10,080 4 Construction Phase $32,770 15 Months after NTP Subtotal Basic Services Fees $87,955 Additional Services Fees (Allowance) 1 Permit Preparation $1,300 2 ROW Acquisition $0 3 Topographic Survey $4,092 4 Environmental Issues $0 5 Public Involvement $0 6 SUE $0 7 Construction Observation Services $0 8 Warranty Phase $2,120 9 Start -Up Services $0 10 Contractor & Invoice Coord. for Contract Renewal (TBD) $0 Sub -Total Additional Services Fees Authorized $7,512 Total Authorized Fee $95,467 SCHEDULE: Date Activity TBD A/E Contract Execution (NTP) 2 Months after NTP 60% Design Submittal 4 Months after NTP 100% Design Submittal 5 Months after NTP Final Design Submittal 6 Months after NTP Advertise for Bid 9 Months after NTP Award Construction/Service Contract 15 Months after NTP Dredging Operation Completion City Proj. No. E16246 ONSWTP Intermediate Sludge Removal Phase 1 LNV Proj. No.150625 Exhibit "A-1" Page 14 of 14 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 "B" SAMPLE PAYMENT REQUEST FORM COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for: Payment Request Revised 07/27100 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°,6 TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1,000 _ $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% Contract for Professional Services Exhibit B EXHIBIT "C" Insurance Requirements Pre -Design, Design and General Consulting Contracts 1.1 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. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy 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. 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 PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim (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. 1.3 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. 1.4 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. 1.5 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 1.6 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: 1.6.1 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. 1.7 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. 1.8 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. 1.9 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. 1.10 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. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Arw m. City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED 8Y CFI Y PURCHASING DIVISION 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 definition. COMPANY NAME: LNV, Inc. P. O. BOX: STREET ADDRESS: 801 Navigation, Suite 300 FIRM IS: 1. Corporation 4. Association CITY: Corpus Christi 2 Partnership 5. Other B ZIP: 78408 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 AKA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3°o 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°'u or more of the ownership in the above named "firm." NameA A Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Dan S. Leyendecker, E. Title: President (Type or Print) Signature of Certifying Person: EFINITIONS Date: 4 /2,M, 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. Carpus Chr sti Engineering O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1 Council Presentation May 17, 2016 Project Vicinity CALALLEN IN*3i ."11,184,13 Northwest Blvd z 0) 1 sort Cfs. Project Location O.N. Stevens Water Treatment Plant N 411-14.CeslivfrE. Corpus Chr sti Engineering 2 Project Location Corpus Chr'sti Engineering PROJECT LOCATION Project Scope Carpus Chr sti Engineering • Design a dewatering cell adjacent to Lagoon 7 • Dredge Lagoon 7 • Pump dredge material into geotextile tubes (in dewatering cell) for dewatering Project Schedule Corpus Chr sti Engineering 2016 2017 Jun Jul ug Sep Oct Design Nov Dec Jan Feb Bid & Award Mar Apr May Jun Jul Aug Construction Project Estimate: 458 Calendar Days = 15 Months Projected Schedule reflects City Council award in May 2016 with anticipated construction completion by August 2017. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-18925 Date Filed: 02/26/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. LNV, Inc. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract. ONSWTP Sludge Removal E16246 Professional engineering, architectural and/or surveying services. 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Leyendecker, Dan Corpus Christi, TX United States X Naiser, Derek San Antonio, TX United States 1 X Viera, Robert Corpus Christi, TX United States X Trejo, Eric Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, und= penalty of perjury, that the hove disclosure is true and correct. � MICHELE DENSE HINOJOSA (CNOTARY PUBLIC .4"74:."State atTexas/-, Cor�xn. Exp.10/12/2016 I,‘ t AFFIX NOTARY STAMP / SEAL ABOVE Swor and subscribed before me, by the said-' Sign.ture of authorized agent of contradng business entity 1'p �j� Y �f this the ((P day of 20 to certify which, witness my hand and seal of office. C. VF I.9 Q- k,VIP , rUCIQ I ifs hDjDt S(Crith )[7 �^ Signature of o cer administering oath r Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www. a th i cs. state. tx. u s Version V1.0.312 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 17, 2016 Action Item for the City Council Meeting of May 24, 2016 DATE: April 29, 2016 TO: Ronald L. Olson, City Manager THRU: Mark Van Vleck, P.E., Assistant City Manager MarkVV@cctexas.com (361) 826-3082 Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 FROM: Dan Grimsbo, Interim Director of Water and Utilities DanG@cctexas.com (361) 826-1718 Jeffrey H. Edmonds, P.E., Director, Engineering Services JeffreyE@cctexas.com (361) 826-3851 Enqineerinq Construction Contract Greenwood Wastewater Treatment Plant Emissions & Odor Control Improvements CAPTION: Motion authorizing the City Manager or designee to execute a construction contract with J.S. Haren Company of Athens, Tennessee in the amount of $207,000 for the Greenwood Wastewater Treatment Plant Emissions & Odor Control Improvements project for the Base Bid. PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract for the Greenwood Wastewater Treatment Plant Emissions & Odor Control Improvements project for the Base Bid. CIP Description: Greenwood Wastewater Treatment Plant Emissions & Odor Control Improvements The Greenwood Wastewater Treatment Plant has had continuing issues with nuisance odors and Texas Commission on Environmental Quality (TCEQ) monitoring has resulted in citations and now requires additional odor abatement. Several areas, including the dissolved air flotation (DAF) unit needs odor minimization. BACKGROUND AND FINDINGS: This project replaces the existing Odor Control system at the Greenwood Wastewater Treatment Plant that is currently inoperable. The replacement to the Odor Control system is required to meet the permit requirements per Texas Commission for Environmental Quality (TCEQ). The work includes a new 4,000 cubic feet per minute (cfm) air capture rate trickling biofilter system, new booster pump, concrete slab rehabilitation/replacement, replacement of existing blowers with necessary duct work and piping modifications. On April 20, 2016, the City received proposals from five (5) bidders and the respective bids were as follows: CONTRACTOR BASE BID J.S Haren Company Athens, Tennessee $207,000.00 Alman Utilities & Construction, Inc. Corpus Christi, Texas $262,015.96 DMB Construction, LLC Corpus Christi, Texas $272,160.75 BHP Engineering & Construction, LP Corpus Christi, Texas $289,880.09 R.M. Wright Construction Company El Paso, Texas $326,390.00 Note: The Engineer's Opinion of Probable Construction Cost (OPCC) is $342,000. The City's consultant, Coym, Rehmet and Gutierrez Engineering, L.P., analyzed the five proposals. The lowest responsible bidder, based on the quantities provided for evaluation purposes, is J.S. Haren Company. Based on a review of J.S. Haren Company's experience and resources from the information they submitted in accordance with the contract documents, J.S. Haren Company is qualified to provide the construction services for the project. ALTERNATIVES: 1. Authorize the execution of the construction contract. 2. Do not authorize the execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $96,400 $2,108,400 $2,204,800 Encumbered / Expended Amount 96,400 96,400 This Item $207,000 $207,000 Future Anticipated Expenditures This Project $485,104 $485,104 BALANCE $0.00 $1,416,296 $1,416,296 Fund(s): Wastewater CIP #16 Comments: This project requires approximately 100 calendar days with anticipated completion in October 2016. The construction contract will result in the expenditure of an amount not to exceed $207,000. RECOMMENDATION: City Staff recommends approval of a construction contract with J.S. Haren Company of Athens, Tennessee in the amount of $207,000 for the Greenwood Wastewater Treatment Plant Emissions & Odor Control Improvements for the Base Bid. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 PROJECT BUDGET GREENWOOD WASTEWATER TREATMENT PLANT EMISSIONS & ODOR CONTROL IMPROVEMENTS FUNDS AVAILABLE: Wastewater CIP $2,204,800 FUNDS REQUIRED: Construction: Construction (J.S. Haren Company) THIS ITEM 207,000 Construction Contingency (10%) 20,700 *Purchase of EcoFilter System (BioAir Solutions, LLC) 257,740 Construction Inspection & Testing: Construction Inspection Estimate (TBD) $25,000 Construction Materials Testing Estimate (TBD) $20,000 Design: Design Engineer (Coym, Rehmet & Gutierrez Engineering) 175,896 **Preliminary Design (Coym, Rehmet & Gutierrez Engineering) 85,954 ***Engineering Design (Coym, Rehmet & Gutierrez Engineering) 89,942 Reimbursements: Total Reimbursements. 82,168 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance) 33,072 Engineering Services (Project Mgmt/Constr Mgmt) 44,096 Misc 5,000 TOTAL $788,504 PROJECT BUDGET BALANCE $1,416,296 *Equipment Purchase approved by City Council on February 23, 2016 by Resolution No. 030773 ** Preliminary Design contract approved by City Council on June 25, 2013 by Motion No. M2013-104 ***Engineering Design contract approved by City Council on September 29,2015 by Motion No. 2015-113 �s`hf,ee dk 4 Baldwin Of 4^ eS Home? d .y, E McAidle Project Location Saratoga Blvd. Greenwood Dr. VICINITY MAP NOT TO SCALE Crosstown Expy. 0 1 S.P.I.D. Project Number: E10047 Greenwood Wastewater Treatment Plant Emissions and Odor Control Improvements CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Carpus Citrsti trLgineeriing Greenwood Wastewater Treatment Plant Emissions & Odor Control Improvements Council Presentation May 17, 2016 Project Map Corpus Chr'sti Engineering Project Location Saratoga Blvd. Greenwood Dr. a w N 0 U 14410 2 Project Location Corpus Chr'sti Engineering 3 Project Scope Carpus Chr'sti Engineering Replacement of the existing Odor Control system to meet permit requirements of TCEQ and includes: ✓ Installing a new BioAir Biotrickling Filter system ✓ Installing new booster pump ✓ Constructing reinforced structural concrete slab ✓ Installing various yard piping ✓ Replacing existing blowers and ductwork Project Schedule Carpus Chr'sti Engineering 2016 Mar Apr May Jun Jul Aug Sep Oct Bid & Award Construction Project Estimate: 100 Calendar Days = 4 Months Projected Schedule reflects City Council construction award in May 2016 with anticipated construction completion by October 2016. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos, 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. J S Haren Company Athens, TN United States Certificate Number: 2016-45513 Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 04/26/2016 Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods or other property to be provided under the contract, E10047 build, renovate, water & wastewater treatment plants 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. ' : 'if•vi e',,,,, ------•,'•,,,::\ - N. - .............. ) _ ;,,,,.;,-,, , I', ,,, Signature of authorized agent of contracting business entity AFFIX NC):TWO, SAM:0 SEAL-ABOiE Sworn to and subscribed before me, by the said LeaVand4.,/0<x , this the 21.0 day of Apj/ 20 , to certify which, witness my hand and seal of office. J . S• 1-ictire,r\ P esitit Ai— gignature of officer administering oath Printed name of officer administering oath Title of officer administering oath orms providedy Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 17, 2016 Action Item for the City Council Meeting of May 24, 2016 DATE: May 17, 2016 TO: Ronald L. Olson, City Manager FROM: Lawrence Mikolajczyk, Director of Solid Waste Operations lawm(c�cctexas.com (361) 826-1972 Jim Davis, Director of General Services iimdcctexas.com (361) 826-1909 Maria Pedraza, Procurement Manager mariape(c�cctexas.com (361) 826-3176 Service Agreement for Used Tire Disposal Service CAPTION: Motion approving a service agreement with Texas Land Reclamation LLC, dba UTW Tire Collection Services, Donna, Texas, for Used Tire Disposal Service in accordance with Bid Event No. 85, based on lowest responsive, responsible bid for an estimated annual expenditure of $112,134.00, of which $37,378.00 is required for the remainder of FY 2015-2016. The term of the contract will be for twelve months with options to extend for up to two additional twelve-month periods, subject to the approval of the Contractor and the City Manager or designee. Funds have been budgeted by the Fleet Maintenance Services and Solid Waste Departments in FY 2015-2016. PURPOSE: This service agreement will provide for the disposal of whole waste tires. The vendor is required to deliver empty trailers to the Fleet Service Center, JC Elliot Landfill and Cefe Valenzuela Landfill, remove the loaded trailers and dispose of the tires in accordance with all applicable Federal, State and local regulations and requirements. BACKGROUND AND FINDINGS: The previous Contractor did not provide satisfactory service and the department did not want to exercise the option to extend the previous contract. Bids for service were resolicited. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Fleet Maintenance Services, Solid Waste Operations 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 $5,295,043.99 $74,756.00 $5,369,799.99 Encumbered / Expended Amount $2,308,585.26 $0 $2,308,585.26 This item $37,378.00 $74,756.00 $112,134.00 BALANCE $2,949,080.73 $0 $2,949,080.73 Fund(s): Fleet Maintenance Service, General Comments: The $37,378.00 financial impact shown above represents four months of expenditures that will be encumbered through the end of this fiscal year. The remaining $74,756.00 for the last eight months of the contract will be requested during the normal FY 2016-2017 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement Bid Event No.: 85 Used Tire Disposal Service Buyer: Rebecca Jeffcoat ITEM DESCRIPTION QTY. UNIT CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION TEXAS LAND RECLAMATION LLC DONNA, TEXAS SANTA ANITEA RECLAMATION PROJE LINN, TEXAS Unit Extended Price Price Unit Extended Price Price 1. Loaded Trailer — Elliott Landfill, location — 7001 Ayers. It is estimated that 26 trailer loads of tires will be collected during a twelve month period. 2. Loaded Trailer — Cefe Landfill, location — CR20 & FM 2044. It is estimated that 26 trailer loads of tires will be collected during a twelve month period. 3. Loaded Trailer — Maintenance Services, location — 5352 Ayers Street. It is estimated that 14 trailer loads of tires will be collected during a twelve month period. Total 26 26 14 Loads Loads Loads $1,699.00 $1,699.00 $1,699.00 $44,174.00 $44,174.00 $23,786.00 $2,000.00 $52,000.00 $2,000.00 $52,000.00 $2,000.00 $28,000.00 $112,134.00 $132,000.00 SERVICE AGREEMENT FOR USED TIRE DISPOSAL Service Agreement No. 622 THIS Used Tire Disposal Service Agreement (this "Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), acting by and through its City Manager or his designee ("City Manager"), and TEXAS LAND RECLAMATION LLC, dba UTW TIRE COLLECTION SERVICE ("Contractor"), effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Used Tire Disposal Services in response to Event No. 85 (which includes Specification 1106, Revised 03/09/2011) which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be the lowest responsive, responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor shall provide Used Tire Disposal Services in accordance with Event No. 85 (which includes Specification 1106, Revised 03/09/2011). ("Services"), which request for bid and related specifications, if any, are attached to this Agreement and incorporated by reference into this Agreement as Exhibit "A". Contractor's bid to provide the services is attached to this Agreement and incorporated by reference into this Agreement as Exhibit "B". 2. Term. This Agreement is for a term of one year, commencing on issuance of a Notice to Proceed and continuing for twelve months thereafter. The term includes an option to extend for up to two additional one-year periods subject to the approval of the Contractor and the City Manager. 3. Payment and Compensation. This Agreement is for an amount not to exceed $112,134.00, subject to authorized extensions and changes. Payment terms are net 30 days after the goods are provided or services are completed, as required, or a correct invoice is received, whichever is later. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of the Contractor's notices and communications regarding this Agreement must be directed to the Contract Administrator, who serves as the Contract Administrator, unless indicated otherwise in this Agreement. 5. Independent Contractor. Contractor shall perform the Services hereunder as an independent contractor and furnish such Services in its own manner and method, and under no circumstances will any employee, agent, or representative of the Contractor be considered an employee of the City. 6. Insurance. Before Services can begin under this Agreement, the Contractor's insurance company must deliver a Certificate of Insurance as proof of the required insurance coverages to the Contract Administrator. Additionally, the certificate must state that the Solid Waste Contract Administrator will be given at least thirty days' notice of cancellation, material change in the coverages, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request to Contractor. Insurance Requirements are attached and incorporated by reference into this Agreement as Exhibit C. 7. Assignment. No assignment of this Agreement nor any right or interest herein held by the Contractor is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is the essence of this Agreement, and the City's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 8. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends each September 30th) is subject to budget approval and appropriations providing for such contract item as an expenditure in the fiscal budget. The City does not represent that a budget item for this Agreement will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each fiscal budget. 9. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 10. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. All duties of the parties will be performed in Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas, and the forum and venue for such disputes is the appropriate district or county court in and for Nueces County, Texas. 11. Subcontractors. The Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 12. Amendments. This Agreement may be amended only in writing and signed by persons authorized to execute the same by both parties. 13. Termination. A. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in this Agreement and its exhibits. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period stated in the notice, the City Manager may terminate this Agreement immediately thereafter. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. B. Alternatively, the City may terminate this Agreement without cause upon twenty days' advance written notice to the Contractor. However, the City may terminate this Agreement upon twenty-four hours' advance written notice to the Contractor for the Contractor's failure to pay any required taxes or to provide proof of payment of taxes as set out in this Agreement. The Contractor may terminate this Agreement upon ninety days' advance written notice to the City. 14. Taxes. The Contractor covenants to pay all applicable federal and state payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other taxes in accordance with Circular E "Employer's Tax Guide", Publication 15, as it may be amended. Upon request, the City Manager shall be provided proof of payment of these taxes within fifteen days of such request. 15. Notice. Notice must be given by personal delivery, facsimile (fax), or by certified mail, postage prepaid and return receipt requested, and is deemed received on the date hand -delivered or faxed. with proof of accepted transmission, and on the third day after deposit in the U.S. mail if sent certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attention: Solid Waste Contract Administrator P.O. Box 9277 Corpus Christi, Texas 78469-9277 Fax # (361) 826-1971 IF TO CONTRACTOR: Contractor Name: Texas Land Reclamation LLC, dba UTW Tire Collection Services Contact Person: Penelope M Oaks Mailing Address: PO Box 1236 City, State, ZIP: Donna, Texas 78537 Email Address: utwtirepennie@gmail.com 16. Extensions. This Agreement is subject to two twelve-month extensions at the same terms and conditions. These extensions may be exercised at the sole discretion of the City. 17. Severability. Each provision of this Agreement is severable and if, for any reason, any provision or any part thereof is determined to be invalid and contrary to any applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 18. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF LOSS OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT REGARDLESS OF WHETHER THE INJURIES, DEATH, OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. 19. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. Contractor: Texas,L-an Signature: Reclamation LLC, dba UT AID e�ollecti o n - e: Ar Printed Name: Penelop= M. Oaks Title: Owner Date: CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Exhibit A: Bid Event No. 85 Specification 1106, dated 03/09/11 Exhibit B: Bidder's Bid Sheet Exhibit C: Insurance Requirements CITY OF CORPUS CHRISTI PURCIIASING DIVISION Exhibit A SPECIFICATION NO. 1106 Revised March 9, 2011 PAGE 1 OF 1 SPECIFICATIONS FOR USED TIRE DISPOSAL SERVICE Statement of Need The City will establish a service contract for disposing of whole used tires collected at the Elliott Landfill, located at 7001 Ayers, Cefe Landfill, located at CR20 & FM 2044, and the City's Maintenance Services facility, located at 5352 Ayers. This service consists of the furnishing of trailers and disposal of whole used tires collected by Solid Waste Services and Maintenance Services. Requirements The successful contractor must be registered by the Texas Commission of Environmental Quality (TCEQ) and have a TCEQ permitted storage and/or processing facility for proper tire disposal/processing. All tires disposed/processed under this contract shall be in accordance with all Federal, State and local rules and regulations concerning the safe and proper disposal of tires. The successful contractor will be required to inventory a minimum of four trailers to service the City's account, two at the Elliott Landfill, one at the Cefe Landfill and one at Maintenance Services. Upon execution of the contract, the successful contractor will furnish two trailers, minimum of forty feet long, at the Elliott Landfill, one trailer, minimum of forty feet long, at the Cefe Landfill and one trailer, minimum of forty feet long, at Maintenance Services. When a trailer is filled, the City will notify the successful contractor for removal of the filled trailer. Within one (1) day of being notified, the successful contractor will be required to bring an empty trailer to the requested site (Elliott Landfill, Cefe Landfill or Maintenance Services), place it at an acceptable location to the City and pick-up the filled trailer for disposal. The inventory requirement is necessary to ensure the Elliott Landfill and Cefe Landfill are in Regulatory Compliance and Maintenance Services have an adequate amount of trailers on hand to store whole tires. Failure to comply with trailer inventory requirements and/or one (1) day turn around will be grounds for contract cancellation. The City reserves the right to cancel the contract after three incidents have been documented to the successful contractor of inadequate trailer inventory and/or delays in trailer removal. Bidders are requested to indicate how the tires will ultimately be disposed/processed. Exhibit B CITY OF CORPUS CHRISTI PURCHASING DIVISION BID SIIEET BID INVITATION NO. Event No. 85 DATE: 11/02/2015 UTW Tire Collection Services- P.M. Oaks BIDDER 1. Refer to "Instructions to Bidders" and Standard Purchase Terms and Conditions before completing bid. 2. Quote your best price, F.O.B. Destination, on each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices; b. Bidder is an Equal Opportunity Employer; and c. the disclosure of Interest information on file with the City's purchasing office, pursuant to the Code of Ordinances, is current and true. ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE Twelve-month service agreement with option to extend for up to two (2) additional twelve-month periods subject to the approval of the City Manager or designee for used tire disposal service per Specification No. 1106. revised 03/09/11. 1. Loaded Trailer — Elliott Landfill, location — 7001 Ayers. 26 Loads 1,699.00 44,174.00 It is estimated that 26 trailer loads of tires will be collected during a twelve month period. 2. Loaded Trailer -- Cefe Landfill, location — CR20 & FM 26 Loads 1,699.00 44,174.00 2044. It is estimated that 26 trailer loads of tires will be collected during a twelve month period. 3. Loaded Trailer — Maintenance Services, location — 5352 14 Loads 1,699.00 23,786.00 Ayers Street. It is estimated that 14 trailer loads of tires will be collected during a twelve month period. Exhibit C INSURANCE REQUIREMENTS I. BIDDER'S LIABILITY INSURANCE A. Bidder must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Bidder must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Bidder must furnish to the City's Risk Manager and Director of Utilities one (1) copy of Certificates of Insurance 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 by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. 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 Bidders 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 WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Bidder must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Bidder 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 statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Bidder is not domiciled in the State of Texas. B. Bidder shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Bidder's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Bidder shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Bidder agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non- renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Bidder shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Bidder's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Bidder'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 Bidder to stop work hereunder, and/or withhold any payment(s) which become due to Bidder hereunder until Bidder demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Bidder may be held responsible for payments of damages to persons or property resulting from Bidder's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Bidder's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2015 Insurance Requirements Solid Waste Department Tire Disposal Services — City Landfills 9/10/2015 ds Risk Management CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-8841 Date Filed: 02/03/2016 Date Acknowledged: e� 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Texas Land Reclamation, LLC dba UTW Tire Collection Services Donna, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract. Contract # 622 Used Tire Disposal Services ( Event No 85) 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. �`!!,.. JOSHUA JARAMILLO _4';' I I, Notary Publ.c, State of Texas „. " .. ` My Commission Expires - ''„foi.;;�' February 14 , 2018 / r �Jk 7 .-/ ` �� / AFFIX Sworn NOTARY STAMP / SEAL ABOVE to and subscribed before me, by the said --+_,.;--Sig`atufe of '`('':j rC Icyri e, it'll - (0 thorize rielit of cbnfracting bu mess entity - V47 this the (' day of 20 , to certify which, witness my hand and seal of office. III /1 II S'gnature of officer administering oath Printed name of officer administering oath Title of officer administering oath orms provided by Texas Ethics Commission www. ethics. state.tx. us Version V1.0.34416 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 17, 2016 Action Item for the City Council Meeting of May 24, 2016 DATE: May 17, 2016 TO: Ronald L. Olson, City Manager FROM: Terry Teri, Interim Director of Municipal Court terryt(a�cctexas.com (361) 826-2515 Maria Pedraza, Procurement Manager mariape(c�cctexas.com (361) 826-3176 Service Agreement for Security Guard and Bailiff Services for Municipal Court CAPTION: Resolution finding the lowest responsive, responsible bidder for commissioned security guard and bailiff services in response to Bid Event No. 95; awarding a service agreement to Deacon 10, LLC, of Euclid, Ohio, dba Premier Protective Services; and authorizing the City Manager or designee to execute a service agreement with the lowest, responsible bidder for commissioned security guard and bailiff services. PURPOSE: This is a resolution to approve service agreements for security guard and bailiff services for the Municipal Court. BACKGROUND AND FINDINGS: On February 8, 2016, the bid process was started for new security guard and bailiff services for the Municipal Court. The bid solicitation specified that the bid could be awarded based on a single award or as a split award. On February 22, 2016, the bid process closed and the two lowest bidders were identified. At first Vets Securing America, of San Antonio, Texas; which has an operating office in Corpus Christi, Texas, was the lowest responsive, responsible bidder for security guard services. However, they did not understand that security guards were to be armed and their price did not cover this cost; therefore they could not provide the service as bid. Deacon 10, LLC, of Euclid, Ohio; with a regional office in Arlington, Texas was identified as the lowest responsive, responsible bidder for bailiff services. However, this firm is headquartered in Ohio which causes the local bid preference to control the determination of the lowest bidder. After applying the 5% rule, Eddie Garza Security became the lowest bidder for both services, but is not being recommended due to past performance issues deeming this bidder as non - responsible. Base Security & Fire Consultants, LLC, of Rosenberg, Texas, was identified as the next lowest responsive, responsible bidder for both services; however they did not meet the five year minimum requirement as an established business as outlined in the bid solicitation specifications. Therefore, the award for both of these services is reverting back to Deacon 10, LLC dba Premier Protective Services as they now comply with the 5% local preference rule as the next Texas bidder is 13.3% higher than Premier Protective Services. Deacon 10, LLC dba Premier Protective Services has committed to opening an office in Corpus Christi, Texas. They have some staff ready to relocate to Corpus Christi and will be hiring locally and will provide in-house training for security services at their Corpus Christi office. The term of the agreement was originally for three years with options to extend for up to two additional one-year term. The original term has been changed to a term of one year with the options to extend for up to two one-year term to allow time to eventually bring some of these services in-house. ALTERNATIVES: Award the security guard and bailiff services contract to Eddie Garza Security of Corpus Christi, Texas on a finding that Eddie Garza Security is a responsible bidder and Deacon 10, LLC is a nonresidential bidder. Award the security guard and bailiff services contract to Base Security & Fire Consultants, LLC of Rosenberg, Texas on a finding that Eddie Garza Security is not a responsible bidder, and Deacon 10, LLC is a nonresidential bidder, and a waiver of bid specification to have operated continuously for a minimum of 5 years as an established firm in the business of providing Bailiff Services or security guard services. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Municipal Court 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 $68,000.00 $107,328.00 $175,328.00 Encumbered / Expended Amount $0 $0 $0 This item $53,664.00 $107,328.00 $160,992.00 BALANCE $14,336.00 $0 $14,336.00 Fund(s): Municipal Court Comments: RECOMMENDATION: Staff recommends approval of the Resolution as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Resolution Service Agreement Bid Event No.: 95 Security Guard and Bailiff Services Buyer: Jeannette P. Tijerina ITEM DESCRIPTION QTY. - 3 YR UNIT CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION VETS SECURING BASE SECURITY & FIRE EDDIE GARZA SECURITY AMERICA CONSULTANTS, LLC. CORPUS CHRISTI, TEXAS SAN ANTONIO, TEXAS ROSENBERG, TEXAS P & AI, LLC dba Park & Associates Investigations CORPUS CHRISTI, TEXAS DEACON 10, LLC dba Premier Protective Services EUCLID, OHIO Unit Extended Price Price Unit Extended Price Price Unit Extended Price Price Unit Extended Price Price Unit Extended Price Price 1 Contracted Commissioned Municipal Bailiff Services 2 Security Guards Totals Total Award 18,720 18,720 HR HR $13.00 $243,360.00 $14.74 $275,932.80 $13.00 $243,360.00 $12.13 $227,073.60 $486,720.00 $470,433.60 $503,006.40 $13.45 $251,784.00 $13.45 $251,784.00 $503,568.00 $20.75 $388,440.00 $18.50 $346,320.00 $734,760.00 NOTE: Vets Securing America's price for security guard services is for unarmed security guards, specifications require armed security guards. Actual price is $14.74 for these services. Alpha Security Solutions submitted a late bid and therefore is deemed non-responsive $12.90 $241,488.00 $12.90 $241,488.00 $482,976.00 ITEM DESCRIPTION QTY. - 1 YR UNIT EDDIE GARZA SECURITY CORPUS CHRISTI, TEXAS VETS SECURING AMERICA SAN ANTONIO, TEXAS BASE SECURITY & FIRE CONSULTANTS, LLC. ROSENBERG, TEXAS P & AI, LLC dba Park & Associates Investigations CORPUS CHRISTI, TEXAS DEACON 10, LLC dba Premier Protective Services EUCLID, OHIO Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price 1 2. Contracted Commissioned Municipal Bailiff Services Security Guards 6,240 6,240 HR HR $13.00 $13.00 $81,120.00 $81,120.00 $14.74 $12.13 $91,977.60 $75,691.20 $13.45 $13.45 $83,928.00 $83,928.00 $20.75 $18.50 $129,480.00 $115,440.00 $12.90 $12.90 $80,496.00 $80,496.00 Totals Total Award $162,240.00 (1) 8160.992.00 $167,668.80 (2) $167,856.00 (3) $244,920.00 (4) $160.992.00 (5) NOTE: Bid tabulation reflects the change of hours for the term from three years, 18,720 hours for each service, to one year, 6240 hours for each service. (1) Eddie Garza is deemed not responsible due to performance. (2) Vets Securing America's withdrew their bid due to not being able to provided armed security guards at the proposed bid rate. Actual price is $14.74 for these services. (3) Base Security & Fire Consultants fail to meet specification to have operated continuously for a minimum of five (5) years as an established firm in the business of providing Bailiff Services or security guard services (4) Highest bidder. (5) Deacon 10, LLC dba Premier Protective Services is an out-of-town bidder; applied 5% local bidder preference. Alpha Security Solutions submitted a late bid and therefore is deemed non-responsive Resolution finding the lowest responsive responsible bidder for commissioned security guard and bailiff services in response to Bid Event No. 95; awarding a service agreement to Deacon 10, LLC, of Euclid, Ohio, dba Premier Protective Services; and authorizing the City Manager or designee to execute a service agreement with the lowest, responsible bidder for commissioned security guard and bailiff services. WHEREAS, the services to be provided by the selected contractor have been competitively bid based upon and in accordance with a procurement method authorized by State law and Article X, Sec. 2, of the Charter of the City of Corpus Christi ("City"); WHEREAS, the City received five bids for commissioned security guard and bailiff services in response to Bid Event No. 95, of which only the lowest responsive, responsible bidder will be awarded a commissioned security guard and bailiff services contract ("contract"); WHEREAS, State law provides that, if the competitive sealed bidding require- ment applies to a contract for goods or services, the contract must be awarded to the lowest responsive, responsible bidder or to the bidder that provides the best value, pursuant to Texas Local Government Code §252.043(a); WHEREAS, Vets Securing America of San Antonio, TX withdrew their bid due to a substantial mistake regarding security guard pricing; WHEREAS, Base Security & Fire Consultants, LLC of Rosenberg, Texas fails to meet a specification to have operated continuously for a minimum of 5 years as an established firm in the business of providing Bailiff Services or security guard services; WHEREAS, the City finds that Eddie Garza Security & Investigation of Corpus Christi, TX is not a responsible bidder due to their performance under Service Agreement SA13-045, where security guard services provided were not to standard. The Airport, City Hall and Libraries have experienced absences and tardiness of security guards on multiple occasions, received incorrect invoicing for services, suffered and witnessed unprofessional behavior by guards, and routine disregard for request to remedy deficiencies identified by staff; WHEREAS, the City has determined and finds that Eddie Garza Security & Investigation is not a responsible bidder and it is in the best interest of the City to reject the Eddie Garza Security & Investigation bid; WHEREAS, the City has determined and finds that it is in the best interest of the public to award a contract to the lowest responsive, responsible bidder, Deacon 10, LLC, dba Premier Protective Services of Euclid, Ohio; with a regional office in Arlington, TX, in accordance with Bid Event No. 95; and WHEREAS, in the event the lowest responsive, responsible bidder fails to execute the con -tract for the awarded item or fails to perform under a contract for any awarded item, the City Manager, or his designee, is authorized to execute a contract for the remainder of the contract term with the next lowest bidder, in succession, in order to secure replacement commissioned security guard and bailiff services for the Municipal Court. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council finds the foregoing preamble language stated in this resolution to be true and correct. Section 2.. The City Council finds that Deacon 10, LLC, dba Premier Protective Services is the lowest responsive responsible bidder for commissioned security guard and bailiff services for the Municipal Court in Bid Event No. 95 and is awarded a contract in the amount up to $160,992. Section 3. The City Manager, or his designee, is authorized to execute a contract with the lowest responsible bidder in accordance with the terms and conditions stated in Bid Event No. 95. Furthermore, in the event the lowest responsible bidder fails to execute the contract for the awarded item or fails to perform under a contract for any awarded item, the City Manager, or his designee, is authorized to execute a contract for the remainder of the contract term with the next lowest responsive, responsible bidder, in succession, in order to secure commissioned security guard and bailiff services. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Page 2 of 3 Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn Page 3 of 3 Service Agreement Agreement No. 624 SECURITY GUARD AND BAILIFF SERVICES THIS SECURITY GUARD AND BAILIFF SERVICES ("Agreement") is entered into by and between Deacon 10, LLC dba Premier Protective Services ("Contractor"), of St. Euclid, Ohio and the City of Corpus Christi, a Texas home -rule municipal corporation ("City'', effective for all purposes upon execution by the City Manager or designee ("City Manager"). WHEREAS, Contractor has bid to provide Security Guard and Bailiff Services in response to the City's Request for Bids ("RFB No. 95") which RFB No. 95 with any related specifications, and Contractor's bid response, are incorporated by reference into this Agreement as Exhibits "1 and 2"; WHEREAS, the City has determined Contractor to be the lowest, responsive, responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Scope. Contractor will provide Security Guard and Bailiff Services ("Services") in accordance with this Agreement and the Scope of Services as shown in Attachment "A" which is attached and incorporated by reference. 2. Term. This Agreement is for a term of twelve (12) months, commencing on the date signed by the City Manager. The term includes an option to extend for up to two (2) additional twelve-month periods subject to the approval of the Contractor and the City Manager, or designee for Services. 3. Compensation and Payment. This Agreement is for an amount not to exceed $160,992, subject to validly authorized extensions and changes. Payments will be allowed in accordance with Attachment "B" Schedule of Pricing actual hours worked times the hourly rate shown on Attachment B. Payment terms are net 30 days after the goods are provided or Services are completed or a correct invoice is received, whichever is later. Page 1 of 6 4. Contract Administrator. The contract administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of the Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator or designee ("Contract Administrator") as follows: Terry Teri, Interim Director of Municipal Court Municipal Court P.O. Box 9277 Corpus Christi, Texas 78469-9277 Fax: (361) 826-3560 Email: TerrvT@cctexas.com 5. Independent Contractor. Contractor will perform the Services as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. 6. Insurance. Before Services can begin under this Agreement, the Contractor must deliver a Certificate of Insurance, as proof of the required insurance coverage, to the Contract Administrator and City's Risk Manager. The Contractor's insurance requirements are attached to this Agreement as Attachment "C" and incorporated by reference. 7. Assignment. No assignment of this Agreement or of any right or interest contained in this Agreement by the Contractor is effective unless the City Manager first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 8. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on September 30th) is subject to appropriations and budget approval providing for such contract item as an expenditure in the budget. The City does not represent that said budget item will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each budget. TnIs Agreemenr waives any subsequenr oreacn or me some. 10. Governing Law. This Agreement is subject to all federal, state and local laws, rules and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes Page 2 of 6 is the appropriate district, county or justice court in and for Nueces County, Texas. 11. Subcontractors. The Contractor may use subcontractors in connection with the Services to be performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless such subcontractors were named and_ included at the time of bid. In using subcontractors, the Contractor shall be responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the Services. 12. Amendments/Extensions. This Agreement may be amended only in writing and upon execution by authorized representatives of both parties. Such amendment will be in the form of a change order. Extensions to this Agreement will be at the sole discretion of the City and if offered to the Contractor will be mutually agreed to in the form of a bilateral change order. 13. Termination. a. The City Manager may terminate this Agreement for Contractor's failure to perform the Services specified in this Agreement. Failure to keep any required insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. b. Alternatively, the City Manager may terminate this Agreement without cause upon 20 days' written notice to the Contractor. However, the City may terminate this Agreement upon 24 hours written notice to the Contractor for Contractor's failure to pay or provide proof of payment of taxes, as set out in this Agreement. 14. Taxes. The Contractor covenants to timely pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. i . i. ernncate OT interestea males. L.onrracror agrees To comply wiTf texas Government Code Section 2252.908 and complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 16. Notice. Notice must be given by fax, email, hand delivery or certified mail, postage prepaid, and is received on the day faxed, emailed or hand - Page 3 of 6 delivered and on the third day after postmarked by the U.S. mail if sent certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attention: Terry Teri, Interim Director of Municipal Court P.O. Box 9277 Corpus Christi, Texas 78469-9277 Fax: (361) 826-2560 Email: TerryT@cctexas.com IF TO CONTRACTOR: Deacon 10, LLC dba Premier Protective Services Attention: Michael St. Andre 1353 E. 260th St. Euclid, Ohio 44132 Fax: (216) 731-5002 Email: mike@mvpremiersecuritv.com 17. Severability. Each provision of this Agreement is considered to be severable and if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, and this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 18. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF PERSONAL INJURIES, INCLUDING THOSE RESULTING IN WORKERS' COMPENSATION CLAIMS OR DEATH, PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF LOSS OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT AND REGARDLESS OF WHETHER THE INJURIES, DEATH, LOSS, OR DAMAGES CONTRIBUTORY NEGLIGENCE OF INDEMNITEES BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL NOTICES, CLAIMS, AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR Page 4 of 6 OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 19. Order of Precedence. In the event of conflicts or inconsistencies between this Agreement and its exhibits or attachments, such conflicts or inconsistencies will be resolved by reference to the documents in the following order of priority: this Agreement, its Attachments, the RFB No. 95 documents including addenda, and the bid response. 20. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Page 5 of 6 CONTRACTOR Signature: Printed Name: kc)il(L.e\ .. iQ Title:re50,e-.ck Date: Sill 1 k(e CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached: Attachment A: Scope of Work Attachment B: Schedule of Pricing Attachment C: Insurance Requirements Incorporated by Reference Only: Exhibit 1: REB No. 95, RFB Security Guard and Bailiff Services Exhibit 2: Contractor's Bid Response Page 6 of 6 Attachment A - Scope of Work CITY OF CORPUS CHRISTI PURCHASING DIVISION SPECIFICATIONS FOR SECURITY GUARDS AND BAILIFFS CORPUS CHRISTI MUNICIPAL COURT 120 N. Chaparral Street - Corpus Christi, TX 78401 SPECIFICATION NO. 1247 REVISED: JANUARY 19, 2016 SECTION I GENERAL REQUIREMENTS AND BIDDING INSTRUCTIONS 1. GENERAL INTENTION: The purpose of this specification is to procure, from a single Service Contractor, Municipal Court Bailiffs and Security Guards (herein called Bailiffs), as described in the Section II - TECHNICAL SPECIFICATIONS contained herewith, for the Corpus Christi Municipal Court. 2. GENERAL DESCRIPTION: The Bidder shall provide Municipal Court Bailiffs and Security Guards completely outfitted with matching uniforms and all essential equipment deemed, by the City, as necessary to carry out the duties of Bailiffs for the Corpus Christi Municipal Court. The Bailiffs will be Security Officer Commissioned to carry a firearm, commissioned by the Service Contractor, and will carry a weapon while on duty at the Municipal Court. Services shall be provided according to the normal operating hours as described under Section II, Part 3, labeled Technical Specifications of this document. 3. LOCATION: The services shall be provided for the Corpus Christi Municipal Court located at 120 N. Chaparral Street, Corpus Christi, Nueces County, Texas. 4. TERMS OF CONTRACT: The Contract shall be for a period of one year, with an option to extend the term of the contract for up to two additional twelve month periods, with all terms and conditions remaining unchanged, subject to the approval of the Service Contractor and the City Manager, or his designee and subject to available fimding. The City may terminate the Contract without cause upon twenty (20) days' advance written notice to the Contractor. 5. TYPE OF CONTRACT: This is a firm price contract with the award to be based on the hourly rate established for the total estimated hours of the Bailiff requirements. Compensation for additional Bailiff Services rendered beyond those specified in the contract, (weekend or after normal business hours) will be paid to the Service Contractor by the City at the hourly rates established in the contract. The City reserves the right to order additional services at the rates established by the contract, providing such services are ordered with at least 24 hours prior notice. Pavmfnt of monthly invnirec for stated cervirec will he mane hncerl nn the rates pctahlichrrl 6. EXAMINATION OF THE PREMISES: Bidders are expected (encouraged) to visit the site to acquaint themselves with the general and specific conditions under which they will be required to perform the work and which may affect the cost of the performance of the work to the extent that such information is reasonably obtainable. It is considered impracticable to determine, without inspection, the exact nature of the work, and site conditions under which the work is to be performed. No extras will be allowed for a bidder's failure to visit the site. Bidders may access pertinent technical material by contacting the Contract Administrator as follows: The City of Corpus Christi: Attention: Terry Teri Interim Director of Municipal Court 120 N. Chaparral Street Corpus Christi, TX 78401 Mail: P.O. Box 9277 Corpus Christi, TX 78469 Phone: (361) 886-2515 7. LICENSING AND QUALIFICATIONS: A. The Bidder must be licensed to provide services by the Texas Department of Public Safety, Private Security Bureau. The Bidder will also conform to all other laws, rules and regulations pertaining to security companies as set forth by local, state, and federal governmental agencies and authorities having jurisdiction. B. The Bidder must have operated continuously for a minimum of five (5) years as an established firm in the business of providing Bailiff Services or security guard services. The Bidder must provide contact information of owner/partners/president; vice president; local manager; direct supervisor; and lead Bailiff, including name; title; phone number; cell number; mailing address; and email for each. C. Bidders are expected to provide only Bailiffs who meet all the requirements as specified in Section II, Technical Specification, of this document; will conduct themselves in a professional, businesslike manner at all times; and adhere to the provisions as set forth in the Bidder's Violence in the Workplace Policy and Alcohol and Drug Abuse Policy. The Bidder expressly agrees to remove from duty any Bailiff whose continuing assignment is deemed by the Contract Administrator to be contrary to the terms of the contract, contrary to the public interest, or inconsistent with the best interest of the City. D. Bidders are expected to ensure that all Bailiffs assigned to the Municipal Court possess a certified identification card. Bidder must provide proof of Crime Policy/Employee Dishonesty Bond and deliver respective copies for all Bailiffs assigned to duty at the Municipal Court. Failure to provide this information may result in rejection of bid. Trainees will only be allowed to be posted alongside a Municipal Court Bailiff for training purposes and only after proper courtroom etiquette has been properly conveyed. E. The Bidder's plan for scheduled and unscheduled absences must be documented and submitted to the Contract Administrator, prior to the execution of the contract. Additionally nlanc for the nn_onino recr-nitment of rinalif Pd Raiiiffc meet hP rlicriisiPcl contract. F. The Bidder must become familiar with the Municipal Court Emergency Procedures and provide Bailiffs knowledgeable of these procedures. Reference Section 11, Part 16, of this specification, titled Emergency Procedures. G. At Bidder's expense, Bidder shall conduct Drug Testing as described in Section 1, Part 7, H, of this specification. To this end, the City has zero -tolerance for drug and alcohol abuse. The City vigorously complies with the requirements of the Drug Free Workplace Act of 1988 and all drug testing regulations issued by the U.S. Department of Transportation. H. Bidder must use a drug testing laboratory certified by the Federal Substance Abuse & Mental Health Services Administration of the United States Department of Health and Human Services and must follow United States Department of Transportation Procedures identified in 49 Code of Federal Regulation, Part 40. Moreover, chain -of -custody procedures will be followed to account for the integrity of each specimen by tracking its handling and storage from point of specimen collection to final disposition of the specimen. Each specimen submitted for testing will be assayed for the presence of the following compounds: DRUG GROUP EMIT SCREEN GC/MS DETECTION CONFIRMATION LEVEL DETECTION LEVEL ng/rnl* mg/ml` Amphetamines 1000 500 Barbiturates 300-1000** 200 Benzodiazepines 300 200 Cocaine Metabolites 300 150 Marijuana Metabolites 50 15 Methadone 300 200 Methaqualone 300 200 Opiate Metabolites 300 300 Phencyclidine 25 25 Propoxyphene 300 200 * nonograms/milliliter ** The limit of detection varies according to the specific drug and/or metabolite(s) present. i, Prior and periodic testing is mandatory for every Bailiff assigned to work at the Municipal Court. Bidders shall conduct, prior to assignment and placement at Municipal Court, background and credit investigations on every Bailiff. The results of said background/credit check shall be furnished to the City's Director of Human Resources, or his/her designee, who will determine each prospective temporary staffer's eligibility for placement at the Municipal Court. For those prospective Bailiffs who have resided solely in the State of Texas for the ten years immediately preceding their placement at the Municpal Court, the Bidder need only conduct a State of Texas background check which shall consist of a search for criminal convictions at the state level and in those counties in w :d _41rn .yr.n v. f:il.z_itzw. rn..._._ookn..i,_��.isa4..3__A_lI._x..ma4-:nWit;....a_ L.4.11._11 prospective Bailiffs who have resided outside of the State of Texas at any time and for any duration during the ten years immediately preceding their placement at the Municipal Court, the Bidder shall conduct a national background check which shall consist of a search of the following for criminal convictions: a. Federal records and records of the states and counties/parishes in which said prospective Bailiff, Bailiff trainee, and Security Guard has resided in the ten years immediately preceding placement with the Municipal Court. b. All background checks shall search for criminal convictions and Also -Known -As (AKA). J. Random Drug Tests will be conducted after the assignment, in compliance with Section 1, Part 7, H, of this specification, for all Bailiffs assigned to duty at Municipal Court. Bailiffs must also comply with all Police Department security checks. Any employee of the Bidder failing a Drug Test or who, in the opinion of the Bidder or City has an abnormally high debt to earnings ratio, shall not be assigned to duty at Municipal Court. Failure to provide the Contract Administrator or designee the above proof or affirmation statement with each replacement or temporary assivned Bailiff, prior to placement, will result in a $500 deduction from the next monthly invoice. K. The Municipal Court is a "Smoke Free" building, therefore, no smoking in any form is allowed by employees, contractors, vendors, visitors, or anyone within the building including employees of the Bidder. The Bailiffs will enforce this ordinance at the Municipal Court. L. All Bailiffs assigned to duty at the Municipal Court shall be trained and will undergo periodic refresher training in the following areas: a. Red Cross Certified First Aid procedures and resuscitation procedures including the use of cardio -pulmonary resuscitation (CPR) and the Heimlich maneuver_ Proof of training for each assigned Bailiff must be submitted with bid. Proof that this certification is being kept current must be submitted to the Contract Administrator within 10 days of the expiration. b. Communication procedures including the use of portable two-way radio equipment and cellular telephones. c. Police procedures in public relations, facility security, personal safety, emergency management, personal assaults, disorderly conduct, public intoxication, juvenile delinquency, patrolling and surveillance, and reporting techniques. d. Writing and maintenance of daily reports of activities or problems at Municipal Court as well as accident or incident reports covering mishaps, unusual events, and the like. e. Bailiff Courtroom procedure training. M. The Bidder shall provide at least two passport size photographs of all Bailiffs assigned to work at the Municipal Court upon each designated Bailiff's first day of assignment. Bailiffs, supervisors, and any employee of the Bidder shall be required to wear a Bidder provided photo identification card at all times. to determine whether such bidder is qualified and capable to perform the contract. The pre -award survey will involve examination of the bidder's technical status and bidders understanding of the contract requirements. A. The following are examples of the types of information that, upon request, the bidder shall be prepared to provide to the City in writing, within ten working days of the request: a. Identification of Bidder's personnel and management procedures to be used on this contract, certified private security cards, and statement of compliance with employment requirements, and certification of longevity requirements as set forth in these specifications; b. The Bidder's technical and management plan for performing the required services; c. Description of the Bidder's facilities and equipment; d. Summary of the Bidder's experience in performing work of the type specified herein; e. Present and prior contracts for similar work, and the names and addresses of individuals within the contracting organizations who may be contacted regarding the Bidder's prior performance on similar contracts. B. Failure to provide requested information may result in rejection of bid. After review of the information submitted by the bidder, a determination of the bidder's non -responsibility may result in rejection of bid. SECTION II TECHNICAL SPECIFICATIONS — MUNICIPAL COURT 1. GENERAL REQUIREMENTS: The Bidder shall provide the services of Municipal Court Bailiffs and Security Guards, completely outfitted with matching uniforms and all essential equipment, including requisite weapons, deemed by the City as necessary to carry out the duties of Bailiffs and Security Guards for the City of Corpus Christi Municipal Court as specified in Section II, Part 5, of this document, titled Essential Duties and Responsibilities and in compliance with the Section I, Part 7, of this document, titled Licensing and Certifications. The Bailiffs will be Security Officer Commissioned to carry a firearm, commissioned by the Service Contractor, and will carry a weapon while on duty at the Municipal Court_ The Bidder is responsible for providing Bailiffs for the Municipal Court located at 120 N. Chaparral Street, Corpus Christi, Nueees County, Texas, during normal business hours as described in Section 11, Part 3, of this document, titled Hours and Days of Operations. 2. STAFFING REQUIREMENTS: A. The Municipal Court staffing needs are as follows: a. Two Security Guards are required for the check-in process at the first -floor entrance of the Municipal Court by the metal detectors. C tin11...r5.:ltrurEe,._.s£tts. o<s _]. and compliance lobby area. c. Three Bailiffs are required for each of the three Courtrooms during courtroom proceedings. B. Any and all changes to the above must be approved by the Contract Administrator, in advance. 3. HOURS OF OPERATION: The Corpus Christi Municipal Court is open to the public Monday through Friday, during normal business hours (8:00 a.m. to 5:00 p.m) and during the hours of 8:00 a.m. until 7:00 p.m. on Tuesday. 4. HOLIDAYS: The City of Corpus Christi recognizes seven holidays. These are New Year's Day; Memorial Day; Independence Day (July 4th); Labor Day; Thanksgiving Day; the Friday after Thanksgiving Day; and Christmas Day. 5. ESSENTIAL DUTIES AND RESPONSIBILITIES: The essential duties and responsibilities for the Municipal Court Bailiffs include, but are not limited to, the following: A. The Bailiffs will provide security to all courtrooms at the Municipal Court. B. The Securtiy Guards will monitor and operate the metal detectors at the entrance of the Municipal Court building and survey the premises in the lobby areas, including the first floor main lobby area, courtroom lobby areas, and the collection and compliance lobby area. All persons entering the Municipal Court must be processed through the metal detectors. C. The Bailiffs will ensure that the courtrooms are open and prepared for court sessions. D. The Bailiffs will adhere to courtroom decorum, while providing safety in the courtrooms, including responding to emergencies and taking necessary action. E. The Bailiffs will assist the Judge in maintaining order in the courtroom and will provide instructions to spectators, jurors, and prospective jurors regarding their conduct in the courtroom. F. The Bailiffs will assist the judges in administering courtroom procedure such as, but not limited to: a. Ensuring all parties and counsel involved in a case are present before proceedings begin; b. Calling cases to be tried and calling witnesses to the stand; c. Escorting jurors to and from the jury box; d. Attending to the needs of the jurors during deliberations; and e. Providing information upon request regarding scheduled court proceedings, jury lists, and other resources as needed by the judges. Such resources may necesitate that the Bailiffs complete and/or review various court -related forms, ensuring said forms are: L Completed properly with dates filled in, A 4,.,+ G. The Bailiffs will escort persons found in contempt of court from the Courtroom and hold them in custody until the person in custody is picked up by a City Marshal. H. The Bailiffs may conduct appropriate follow-up activities with defendants, including taking fingerprints; making copies of financial forms, orders, and judgements. I. The Bailiffs will meet with other Bailiffs periodically regarding courthouse safety and security. J. The Bailiffs must be familiar with the Municipal Court Emergency Procedure as stated in Section II, Part 16, of this specification. K. The Supervising Bailiff will ensure that all duties are performed and all rules and regulations followed by all the Bidder's employees reporting for work at the Municipal Court. The Supervising Bailiff will meet with other Bailiffs, periodically and as needed, regarding safety and security policy and procedures and courtroom processes. The Supervising Bailiff will be available at all times to provide clarification to Bailiffs on security issues, matters of protocol, and to provide disciplinary actions for the Bailiffs on duty. 6. REPORTING REQUIREMENTS: The Bidder will prepare and have available the following reports: A. Daily Log -- this report will be a running summary of activities during each work shift. At a minimum, the following items will be noted by the Bailiffs and Securtiy Guards and recorded in the daily log: a. Name and rank of Bailiff or Security Guard b. Time on duty and time off duty c. Area Bailiff or Security Guard is assigned to cover d. Acknowledgment that oncoming Bailiff or Security Guard has read and understands all special instructions for the Muncipal Court e. Any violation of established security rules and any outstanding or significant incidents f. Any staff or patron complaints reported to Bailiff or Security Guard. B. Incident Report -- this report is a detailed accounting of accidents or incidents on Municipal Court premises. An incident report is to be promptly completed and provided to the Contract Administrator, the City Marshal, the City of Corpus Christi Risk Management Department, and the Bidder. Such a report will be completed, in full, by the Bailiff on duty at the time of the incident. Unreported incidents will be deemed a violation of the service provider contract and will be treated accordingly. 7. CONTRACTOR FURNISHED UNIFORMS, EQUIPMENT AND ACCESSORIES: A. The Bidder shall provide Bailiffs with uniforms and is responsible for ensuring that uniforms are kept neat, clean, and properly ironed when worn for duty at the Municipal B. The Bidder shall provide Bailiffs with portable UHF radios and hand-held metal detectors. C. Except for those items expressly noted as provided by the City, the Bidder shall furnish all supplies and equipment required for the execution of the contracted services, including, but not limited to, alarm -monitoring equipment, two (2) two-way portable radios, cellular phone(s), and weapons. D. Contractor -furnished equipment shall be subject to the inspection and approval of the Contract Administrator prior to being placed in service and during the term of this contract. 8. TRAINING: A. The Bidder will provide certification training for each Bailiff in the area of Courtroom. Security and Bailiff duties in the Courtroom. Bidders are encouraged to contact the Texas Municipal Court Education Center (TMCEC) for more information. B. The Bidder will provide proof of training having used Red Cross -Certified First Aid procedures and resuscitation procedures including the use of cardio -pulmonary resuscitation (CPR) and Heimlich maneuver for each assigned Bailiff. C. The Bidder will train Bailiffs in the use of communication procedures, including the use of portable two-way radio equipment and cellular telephones. D. The Bidder will make sure all Bailiffs are trained in Police procedures regarding public relations, facility security, personal safety, emergency management, personal assaults, public intoxication, juvenile delinquency, patrolling and surveillance, and reporting techniques. E. The Bidder will make sure all Bailiffs are trained to write and maintain daily reports, including, but not limited to, those detailed in Section H, Part 6, of this document, labeled Reporting Requirements. Bailiffs will be trained to document activities or problems in Municipal Court, as well as, properly complete accident or incident reports covering mishaps, unusual events, unexpected occurrences, and the like. F. All Bailiffs assigned to duty will undergo follow-up training and/or refresher courses in Red Cross -Certified First Aid procedures and resuscitation procedures including the use of cardio -pulmonary resuscitation (CPR) and Heimlich maneuver; communication procedures; Police procedures regarding public relations, facility security, personal safety, emergency management, personal assaults, public intoxication, juvenile delinquency, patrolling and surveillance, and reporting techniques; the writing and maintaining of daily reports, including but not limited to, those detailed in Section II, Part 6, of this document, labeled Reporting Requirements; and documenting activities or problems at Municipal Court, as well as, properly completing accident or incident reports covering mishaps, unusual events, unexpected occurrences, and the like. 9. CITY CONTRACT ADMINISTRATOR: The City's Contract Administrator is the Director of Municipal Court who shall approve all phases of performance and operations under this Contract, including authorization for payment. The Contract Administrator or his/her designee shall be the single point of contact for the Bidder for all matters. i in iol rIE. TrAr. _L"CtLTTAVGlti[1 1.ITQ• _ . 11. CITY QUALITY ASSURANCE: Bidders are expected to ensure that prior to commencing work under the contract, the Bidder shall meet in conference with the Contract Administrator to develop a mutual understanding relative to this contract and to provide for a smooth assumption of duties. Further meetings between the Bidder and the Contract Administrator will be periodically arranged by the Contract Administrator, as needed. All phases of the services rendered by the Bidder are subject to the inspection and approval of the Contract Administrator. If the Bidder's overall performance is unsatisfactory, the Contract Administrator will so notify the Bidder in writing. A reply to the written notification will be delivered to the Contract Administrator within three (3) working days and will include an outline or plan of corrective action, which must be acceptable to the City Manager or his designee. The Bidder's continued unsatisfactory performance shall be sufficient cause for termination of the service contract. 12. EQUIPMENT PROVIDED BY THE CITY: The City will provide the Bidder a walk-thru metal detector at the main entrance to the Municipal Court. Additional metal detectors will be available, as needed, for use at the entrances of Courtrooms 13 and C. A magnetic access card and one set of keys will be issued to the Bidder. It shall be the Bidder's responsibility to ensure the keys are safeguarded and that the Municipal Court is secured at the end of each business day, at the time specified by the Contract Administrator. The Bidder will be liable for the re -keying, replacing, or otherwise altering of locks and security systems should these locks or systems become compromised as a result of the Bidder's negligence, including, but not limited to, the loss of keys or magnetic access cards 13. BIDDER FURNISHED SUPPLIES AND EQUIPMENT: The Bidder is responsible for taking action to protect City supplies and equipment and the personal property of its employees from loss, theft, damage, or tampering. The Bailiffs will take care not to allow any damage or destruction to the equipment furnished by the Municipal Court. The Bailiffs are to document any and all incidents to enable prompt and thorough reporting of any damage or destruction that may occur to equipment furnished by the Municipal Court. The Bailiff Supervisor must contact the Contract Administrator immediately upon determining that the equipment furnished by the Municipal Court has malfunctioned and/or is in need of repair. 14. IDENTIFICATION OF BIDDER EMPLOYEES: Alt Bidder employees working as Bailiffs at the Municipal Court or in the direct supervision of Bailiffs under this Contract shall be identified by a distinctive uniform complete with photo badge and name tag identifying each employee individually, as stated in Section 1, Part 7, D, of this document. 15. INVOICING INSTRUCTIONS: Bidder invoices will be submitted to the Contract Administrator within five working days following the end of each calendar month in which services are performed. On verification of the work performed and charges, the Contract Administrator will process the invoices for payment. Any occurrences of violations of Section II, Part 7, J, of this document will be deducted from invoice payment as stipulated in Section II, Part 7, J. 16. EMERGENCY PROCEDURES: Bidder shall be thoroughly familiar with the Municipal Court Emergency Procedures whichrequires that for all security and medical emergencies the Bailiff on duty shall immediately notify the Corpus Christi Police Department by calling 911, reporting the type of emergency and requesting the assitance required. Immediately after calling 911, the Bailiff will notify the City Marshal. Under non -emergency circumstances, when police assistance is Ti,.:1:44"_..1...l1Y.�t���#l.a Attachment B - Schedule of Pricing DEACON 10, LCC dba Premier Protective Services ST. EUCLID, OHIO ITEM DESCRIPTION QTY. - 1 YR UNIT 1. Contracted Commissioned Municipal Bailiff Services 2. Security Guards Totals Total Award 6,240 6,240 $160,992.00 HR HR Unit Extended Price Price $12.90 $80,496.00 $12.90 $80,496.00 $160,992.00 Attachment C - Insurance Requirements INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance 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 by endorsement, and a waiver of subrogation by endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name anchor number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. 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 POLICE PROFESSIOAL LIABILITY $1,000,000 Per Occurrence AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned l J - iiv11 Li 4L ort 11V1Y wv J1L1Thi Z (All States Endorsement if Company is not domiciled in Texas) Employer's Liability $500,000 Combined Single Limit F.7LCILL4LJl J [UAL 44.)111j,1114) W 11111 Al 1L L 11 gal L111❑ Exhibit. $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor 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 Contractor will be promptly met. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Contractor or as requested by the City. Contractor shall pay any costs incurred resulting from said changes. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Carpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and rcLtcyvat, "ItJaLciial' ciidii6C U1 111 UVciagt. aitu ugh i.c*T illlal uayb advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, andior withhold any payment{s} which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract_ H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2016 Insurance Requirements Municipal Court. Security Guard/Bailiff Service 1/1.2/2016 ds Risk Management AGENDA MEMORANDUM Future Item for the City Council Meeting of May 17, 2016 Action Item for the City Council Meeting of May 24, 2016 DATE: April 29, 2016 TO: Ronald L. Olson, City Manager FROM: Miles Risley, City Attorney MilesR@cctexas.com 826-3873 AEP Distribution Cost Recovery Factor CAPTION: Resolution of the City of Corpus Christi, Texas to authorize intervention in the Public Utility Commission of Texas Docket No. 45787 regarding AEP Texas Central Company's application for approval of a distribution cost recovery factor to increase distribution rates within the city; finding that the city's reasonable rate case expenses shall be reimbursed by the company; finding that the meeting at which this resolution is passed is open to the public as required by law; requiring notice of this resolution to the company and legal counsel. PURPOSE: Resolution to intervene in AEP's filing at the Public Utility Commission for a Distribution Cost Recovery Factor BACKGROUND AND FINDINGS: On April 6, AEP Texas Central Company filed an Application for approval of a Distribution Cost Recovery Factor to become effective September 2, 2016 Public Utility Commission of Texas Docket 45787. The City has jurisdiction over the application with regard to customers within the municipal boundary. AEP is seeking approval of a cost recovery factor to recover $54,012,978 in invested capital. The proposed tariff would impose a factor on residential customers of $0.002916 per kWh. AEP gives notice of appeal to PUC of any municipal filings and any interim or final orders issued by a municipality's governing body in this matter. Approval of this Resolution authorizes the City to intervene and participate in the matter to review the application with other cities for compliance with applicable distribution cost recovery regulations. ALTERNATIVES: Do no approve the Resolution and do not participate in the case. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Not applicable 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 Comments: RECOMMENDATION: Approval of the Resolution LIST OF SUPPORTING DOCUMENTS: Resolution RESOLUTION NO. A RESOLUTION OF THE CITY OF CORPUS CHRISTI, TEXAS TO AUTHORIZE INTERVENTION IN THE PUBLIC UTILITY COMMISSION OF TEXAS DOCKET NO. 45787 REGARDING AEP TEXAS CENTRAL COMPANY'S APPLICATION FOR APPROVAL OF A DISTRIBUTION COST RECOVERY FACTOR TO INCREASE DISTRIBUTION RATES WITHIN THE CITY; FINDING THAT THE CITY'S REASONABLE RATE CASE EXPENSES SHALL BE REIMBURSED BY THE COMPANY; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL. WHEREAS, the City of Corpus Christi, Texas ("City") is an electric utility customer of AEP Texas Central Company ("TCC" or "Company"), and a regulatory authority with an interest in the rates and charges of TCC; and WHEREAS, the City is a member of the Cities Served by AEP TCC ("Steering Committee"), a membership of similarly situated cities served by TCC that have joined together to efficiently and cost effectively review and respond to electric issues affecting rates charged in TCC's service area; and WHEREAS, on or about April 6, 2016 TCC filed with the City an Application for Approval of a Distribution Cost Recovery Factor ("DCRF"), PUC Docket No. 45787, seeking to increase electric distribution rates by $54,012,978; and WHEREAS, all electric utility customers residing in the City who receive their electricity through AEP distribution system will be impacted by this ratemaking proceeding if it is granted; and WHEREAS, the Steering Committee is coordinating its review of TCC's DCRF filing with designated attorneys and consultants NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the City is authorized to intervene and participate in the Steering Committee in PUC Docket No. 45787. Section 2. That subject to the right to terminate employment at any time, the City of Corpus Christi, Texas hereby authorizes the hiring of the law firm of Lloyd Gosselink and consultants to negotiate with the Company, make recommendations to the City regarding reasonable rates, and to direct any necessary administrative proceedings or court litigation associated with an appeal of this application filed with the PUC. Section 3. . That the City's reasonable rate case expenses shall be reimbursed in full by TCC within 30 days of presentation of an invoice to TCC. Section 4. That it is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and the public notice of the time, place, and purpose of said meeting was given as required. Section 5. That a copy of this Resolution shall be sent to Jay Toungate, American Electric Power Service Corporation, 1201 Elm Street, Suite 800, Dallas, Texas 75270 and to Thomas Brocato, General Counsel to the Steering Committee, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725. PASSED AND APPROVED this ATTEST: City Secretary APPROVED AS TO FORM: City Attorney day of , 2016. Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn AGENDA MEMORANDUM Future Item for the City Council Meeting of May 17, 2016 Action Item for the City Council Meeting of May 24, 2016 DATE: TO: Ronald L. Olson, City Manager May 3, 2016 FROM: Tom Tagliabue, Director, Intergovernmental Relations tomtag@cctexas.com 361.826.3850 Resolution supporting the approval of bonds and a project relative to Texas A&M University -Corpus Christi CAPTION: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, AUTHORIZING THE MAYOR TO APPROVE THE ISSUANCE OF (I) THE NEW HOPE CULTURAL EDUCATION FACILITIES FINANCE CORPORATION STUDENT HOUSING REVENUE BONDS (CHF- COLLEGIATE HOUSING ISLAND CAMPUS, L.L.C.-TEXAS A&M UNIVERSITY -CORPUS CHRISTI ISLAND CAMPUS PROJECT) SERIES 2016A AND TO APPROVE THE PROJECT TO BE ACQUIRED WITH THE PROCEEDS OF SUCH BONDS, AND (II) THE NEW HOPE CULTURAL EDUCATION FACILITIES FINANCE CORPORATION STUDENT HOUSING REVENUE BONDS (CHF- COLLEGIATE HOUSING CORPUS CHRISTI II, L.L.C.- TEXAS A&M UNIVERSITY- CORPUS CHRISTI PROJECT) SERIES 2016A AND TO APPROVE THE PROJECT TO BE ACQUIRED WITH THE PROCEEDS OF SUCH BONDS PURPOSE: In order for the interest on the bonds to be exempt from the holder's income, pursuant to Section 147(f) of the Internal Revenue Code of 1986, the Series 2016A bonds and the Project (i.e. student housing) must be approved by the City Council after the publication of Notice of Hearing and the holding of a hearing. BACKGROUND AND FINDINGS: This would be the third time the City has been asked to approve bonds and projects under Section 147(f) of the Internal Revenue Code of 1986. On May 13, 2014, the City approved bonds for the student housing on the TAMUCC Momentum Campus. In addition, in 2006, the City Council approved bonds for a non-commercial radio station operated by an educational media foundation. The resolution specifically states the bonds "...shall not constitute obligations of the City or a pledge of its faith and credit, and the City shall not be obligated to pay the Bonds or the interest thereone or otherwise incur any liability in respect thereof." A Notice of Public Hearing was published in the Corpus Christi Caller -Times on April 8, 2016. A Public Hearing relating to the notice was held on April 25, 2016. According to the minutes of the public hearing, no member of the public spoke at the meeting. ALTERNATIVES: Denial of the Resolution OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Not applicable EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue (To fill out chart, see instructions below) ❑ 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: Not applicable RECOMMENDATION: Staff recommends approval of the resolution LIST OF SUPPORTING DOCUMENTS: Resolution Certification Prior City Council Agenda Memo (May 13, 2014) CITY OF CORPUS CHRISTI, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, AUTHORIZING THE MAYOR TO APPROVE THE ISSUANCE OF (I) THE NEW HOPE CULTURAL EDUCATION FACILITIES FINANCE CORPORATION STUDENT HOUSING REVENUE BONDS (CHF- COLLEGIATE HOUSING ISLAND CAMPUS, L.L.C.- TEXAS A&M UNIVERSITY- CORPUS CHRISTI ISLAND CAMPUS PROJECT) SERIES 2016A AND TO APPROVE THE PROJECT TO BE ACQUIRED WITH THE PROCEEDS OF SUCH BONDS, AND (II) THE NEW HOPE CULTURAL EDUCATION FACILITIES FINANCE CORPORATION STUDENT HOUSING REVENUE BONDS (CHF- COLLEGIATE HOUSING CORPUS CHRISTI II, L.L.C.- TEXAS A&M UNIVERSITY- CORPUS CHRISTI PROJECT) SERIES 2016A AND TO APPROVE THE PROJECT TO BE ACQUIRED WITH THE PROCEEDS OF SUCH BONDS WHEREAS, the New Hope Cultural Education Facilities Finance Corporation (the "Issuer") was created pursuant to the Cultural Education Facilities Finance Corporation Act, Article 1528m, Vernon's Revised Civil Statutes, as amended (the "Act"), and has the power, authority and rights to issue revenue bonds for the purpose of aiding any accredited institutions of higher education, secondary schools, and primary schools, and authorized charter schools in financing or refinancing educational facilities and housing facilities and facilities that are incidental, subordinate, or related thereto or appropriate in connection therewith; and WHEREAS, CHF -Collegiate Housing Island Campus, L.L.C., a single member Alabama limited liability company (the "Island Campus Borrower"), has requested that the Issuer issue, and the Issuer proposes to approve the issuance of, its Student Housing Revenue Bonds (CHF — Collegiate Housing Island Campus, L.L.C. — Texas A&M University — Corpus Christi Island Campus Project) Series 2016A (the "Island Campus Bonds"), pursuant to the Act and pursuant to a Trust Indenture between the Issuer and Regions Bank, as trustee (the "Island Campus Indenture"), and to loan the proceeds of the Island Campus Bonds to the Island Campus Borrower, pursuant to a Loan Agreement between the Issuer and the Island Campus Borrower (the "Island Campus Loan Agreement') for the purpose of providing funds to finance the cost of acquisition, renovation, furnishing and equipping of approximately 23 student housing buildings containing approximately 1,228 units (approximately 1,790 beds) and various related amenities and improvements to be located on the campus of Texas A&M University -Corpus Christi, to pay certain start-up expenses, to fund a debt service reserve fund for the Island Campus Bonds, and to pay the costs of issuing the Island Campus Bonds (collectively, the "Island Campus Project'); and WHEREAS, CHF — Collegiate Housing Corpus Christi II, L.L.C., a single member Alabama limited liability company (the 'Momentum Borrower"), has requested that the Issuer issue, and the Issuer proposes to approve the issuance of, its Student Housing Revenue Bonds (CHF- Collegiate Housing Corpus Christi II, L.L.C.-Texas A&M University- Corpus Christi Project) Series 2016A (the "Momentum Bonds" and, together with the Island Campus Bonds, the "Bonds"), pursuant to the Act and pursuant to a Trust Indenture between the Issuer and Regions Bank, as trustee (the "Momentum Indenture" and, together with the Island Campus Indenture, the Page 1 of 4 "Indentures'), and to loan the proceeds of the Momentum Bonds to the Momentum Borrower, pursuant to a Loan Agreement between the Issuer and the Momentum Borrower (the 'Momentum Loan Agreement" and, together with the Island Campus Loan Agreement, the "Loan Agreements') for the purpose of providing funds to finance the cost of the development, construction, furnishing and equipping of an approximately 560 -bed student housing facility and an approximately 3,800 square foot community center, along with associated site development and various related amenities and improvements to be located on the campus of Texas A&M University -Corpus Christi, to fund interest on the Momentum Bonds, to pay certain start-up expenses, to fund a debt service reserve fund for the Momentum Bonds, and to pay the costs of issuing the Momentum Bonds (collectively, the 'Momentum Project" and, together with the Island Campus Project, the "Projects'); and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code'), requires that the Bonds and the Projects be approved by the "applicable elected representative" of the governmental unit in which the Projects are located after a public hearing following reasonable public notice; and WHEREAS, the Mayor of the City of Corpus Christi, Texas (the "City") has been requested to approve, as the applicable elected representative of the City, the issuance of the Bonds and the Projects in accordance with the requirements of the Code, and will be furnished with affidavits of publication of notice of such hearings which shall be published in a newspaper of general circulation available to residents within the boundaries of the City and minutes of the public hearings to be conducted in connection therewith once such hearings have been held; and WHEREAS, the City Council desires to hereby authorize the Mayor to approve the issuance of the Bonds and the Projects; and WHEREAS, the actions of the Issuer with respect to the Projects and the Bonds (including the issuance of the Bonds and the execution and delivery of the Indentures and Loan Agreements) and the action of the Mayor and the City Council with respect to the matters described herein will create no liability for the City and the City Council desires to authorize the Mayor to execute the required approval in connection with the issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1 The Mayor of the City of Corpus Christi, Texas, is hereby authorized to approve the issuance of the Bonds and the Projects, for the limited purposes stated herein, and to execute and deliver such approval as requested. SECTION 2 The authorization to approve the Bonds and the Projects is made for the sole purpose of satisfying the requirements of Section 147(0 of the Code, and for no other purpose and shall not be construed as a representation, warranty or other undertaking of any kind by the Mayor, the City Page 2 of 4 or the City Council in respect of the Bonds or the Projects. The Bonds shall not constitute obligations of the City or a pledge of its faith and credit, and the City shall not be obligated to pay the Bonds or the interest thereon or otherwise incur any liability in respect thereof. SECTION 3 The Mayor and City Secretary of the City and other officers of the City are hereby authorized to execute and deliver such instruments, certificates or documents necessary or advisable to carry out the intent and purpose of this resolution. SECTION 4 This Resolution shall take effect immediately upon its passage and shall continue in force and effect from the date hereof. PASSED, APPROVED, AND ADOPTED THIS DAY OF , 2016. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Corpus Christi, TX Corpus Christi, TX The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Michael T. Hunter Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughan Page 3 of 4 APPROVED AS TO FORM AND LEGALITY: By: Name: Title: Page 4 of 4 CITY COUNCIL AGENDA MEMORANDUM February 14, 2006 AGENDA ITEM: A. Public hearing in connection with the issuance by the Colorado Educational and Cultural Facilities Authority of its tax exempt obligation for the benefit of the Educational Media Foundation in the aggregate principal amount of approximately $16,500,000. B. Resolution of the City of Corpus Christi, Texas approving the issuance of tax exempt obligation by the Colorado Educational and Cultural Facilities Authority for the benefit of Educational Media Foundation as required by Section 147 (f) of the Internal Revenue Code of 1986, as amended. ISSUE: The Educational Media Foundation has requested that the City of Corpus Christi authorize a resolution approving the issuance of tax-exempt obligation in the amount of $16,500,000 by the Colorado Educational and Cultural Facilities Authority for the benefit of Educational Media Foundation. Section 147(0 of the Internal Revenue Code requires, as a condition to receiving tax-exempt treatment on the obligation, that each governmental unit having jurisdiction over the area in which any facility with respect to which financing is to be provided from the net proceeds of an issue is located, approve the issue after a public hearing following reasonable public notice. Approximately $350,000 of the proceeds will be used for the benefit of local non-commercial radio station KKLM-FM which is operated by Educational Media Foundation. Approval of this issuance is done solely for the purpose of complying with the requirements of the Internal Revenue Code pertaining to tax-exempt status of the issuance, and in no way obligates, or creates or establishes any liability on the part of the city of Corpus Christi with respect to the facility or the obligation. REQUIRED COUNCIL ACTION: Approval of the Resolution as presented. FUNDING: None PREVIOUS COUNCIL ACTION: None. CONCLUSION AND RECOMMENDATION: Approval of the Resolution. (Department Head Signature) Attachments: Letter from law firm of Peck, Shaffer & Williams, bond counsel, Resolution approving issuance. „Affic4c Kifes _zz,93 SUITE 84:3 555 17'” STREET DENVER, COLORADO BD202 E''HC!NE 303 2963996 1 877-296-0333 December 16, 2005 Corpus Christi, Texas City Hall — Council Chambers 1201 Leopard Corpus Christi, Texas Attention: Lisa Aguilar, Assistant City Attorney Emaillisaa@cctexas.com Re: Educational Media Foundation Ladies and Gentlemen: FAX 303-296 0344 WWW.PECK-BHAFFER.COM Our firm is acting as bond counsel in connection with the proposed issuance of a tax-exempt obligation (the "Obligation") by the Colorado Educational and Cultural Facilities Authority, an independent public body public and corporate of the State of Colorado (the "Authority") for the benefit of Educational Media Foundation, a California non profit corporation (the "Borrower") which operates a non-commercial radio station (KKLM-FM) that is licensed to operate in your City. This letter is in response to the request for some background information on the role of City in the transaction. The proceeds of the Obligation will be used for the purposes of: (a) refmancing the cost of acquiring an FCC non-commercial license to operate a radio station that offers contemporary Christian music, public affairs programming, public service announcements and personal counseling by phone to listeners, (b) equipping the radio station which the Borrower will operate, and (c) paying certain costs of issuance of the Obligation, (collectively, the "Project"). You requested we provide a discussion regarding the power of the Authority to issue the Obligation. The Borrower operates nine non-commercial radio stations located in Colorado. The Borrower is an organization described in Section 501(c)(3) of the Internal Revenue Code, based on its educational mission. The Authority is empowered to issue the Obligation for the Project pursuant to C.R.S. 23-15-101 et seq (2004) (the "Act") and specifically is empowered under 23-15-103 (7)(b) to issue the Obligation for the benefit of an educational institution for projects located outside the state, if the Borrower operates educational facilities (as defined in the Act) in Colorado. Since the Borrower is an educational institution (within the meaning of the Act) that operates nine Colorado stations, the Authority can finance a project located outside of Colorado. The Authority. therefore, has the power to issue the Obligation for the Project. Federal tax law also plays a large role in any tax-exempt financing, including this one for the I C A G O, - L L- N O 15 #684v! CINCINNA' O H, U COLUMBUS, OHIO COVINGTON, KENTUCKY LOUISVILLE, KENTUCKY Yom, City of Corpus Christi, Texas December 13, 2005 Page 2 Borrower. The Borrower needs the assistance of the City to meet one of the tax law requirements. Section 147(h) of the Internal Revenue Code of 1986, as amended (the "Code") requires that a public hearing for bonds issued for the benefit of non-profit corporations be held in the local area where the project being fmanced with tax-exempt obligation is located, after the publication of notice in accordance with the Code requirements. Further, the Code requires that a public body like the City Council formally approve the issuance of the Obligation. Thus, the Borrower requests the City to cause the notice to be published, hold a public hearing and pass a resolution approving the Obligation. The public hearing mandated by the Code only requires the City to give interested parties the right to make statements about the Project or the Obligation, and does not require the City to conduct a debate or make a determination on the merits of the Project. The approval given by the City is to merely meet the Code requirements. Further, such actions by the City Council do not obligate the City to make any payments with respect to the Obligation, nor will the Obligation become the indebtedness of the City. We will provide the form of the public notice and the City Council resolution are included with this letter. You asked me to comment on what would occur if Corpus Christi did not hold the hearing. If Corpus Christi does not hold the hearing, the financing costs for EMF will remain at a higher, taxable rate which will limit the Company's ability to provide educational programming to the City. Thank you for your assistance and we are available to answer any questions you might have. We look forward to completing this with you. Very truly yours, 1) Mary L. Groves MLG:lrw #572v2 SUITE 845 555 SEVENTEENTH STREET DENVER, COLORADO 80202-5402 TEL. EE'HE: NE 303-296-3996 877-296-0333 FAX 303-296-0344 WWW.PECK-SHAFFER.COM February 9, 2006 City of Corpus Christi, Texas City Hall - Council Chambers 1201 Leopard Corpus Christi, Texas Attention: Lisa Aguilar, Assistant City Attorney Email:lisaa@cctexas.com Re: Colorado Educational and Cultural Facilities Authority Tax -Exempt Obligation (Educational Media Foundation) Ladies and Gentlemen: We have acted as bond counsel with respect to the above -captioned Obligation and have rendered our unqualified opinion as bond counsel of even date herewith. You may rely on such opinion as if it were addressed to you. Very truly yours, ATLA NT-+ #775 %.1 GA CHwAGc, IL CINCINNATI, OH COLUMBUS, OH COVINGTON, KY LOUISVILLE, KY Suite 845 Telephone 303 296 0344 February 2006 555 171" Street 1-877-296-0333 Colorado Educational and Cultural Facilities Authority 1981 Blake Street Denver, CO 80202 DRAFT 01/06/06 Denver, Colorado 80202 Fax 720-904 9149 www.peck-shaffer.com Re. Colorado Educational and Cultural Facilities Authority Tax -Exempt Obligation (Educational Media Foundation) Ladies and Gentlemen: We have acted as bond counsel in connection with the issuance by the Colorado Educational and Cultural Facilities Authority (the "Issuer") of its Colorado Educational and Cultural Facilities Authority Tax -Exempt Obligation, in the principal amount of $ (the "Obligation"). We have examined the law and such certified proceedings and other papers as deemed necessary to render this opinion. As to questions of fact material to our opinion, we have relied upon representations of the Issuer and of Educational Media Foundation, a California nonprofit corporation (the "Corporation"), contained in the Master Financing Agreement described below, the Issuer's certified proceedings and other certifications of its officials furnished to us, and certifications by the Corporation (including certifications as to the use of Obligation proceeds which are material to the paragraph numbered 4 below), without undertaking to verify the same by independent investigation. We have also relied on continued compliance by the Issuer and the Corporation with their respective covenants contained in the Master Financing Agreement described below relating to the issuance of the Obligation and pertaining to those sections of the Internal Revenue Code of 1986, as amended (the "Code") that affect the exclusion from gross income of interest on the Obligation for Federal and Colorado income tax purposes. Our examination was necessarily limited to the foregoing as they exist or are in effect as of the date hereof. The Obligation is issued pursuant to Article 15, Title 23 of the Colorado Revised Statutes and the Supplemental Public Securities Act, Part 2, Article 57, Title 11 of the Colorado Revised Statutes, a Master Financing Agreement (the "Agreement") between the Issuer, the Corporation and GE Capital Public Finance, Inc. (the "Lender"), and a resolution of the Issuer authorizing the execution and delivery of the Obligation (the "Obligation Resolution"). Proceeds of the Obligation are to be loaned to the Corporation pursuant to the provisions of the Agreement. Atlanta, GA Chicago IL ,1774 F1 Cincinnati. OH Columbus, OH Covington, KY Louisville, KY Colorado Educational and Cultural Facilities Authority February . 2006 Page Operation of the assets financed with proceeds of the Obligation will be subject to certain covenants contained in the Agreement. Pursuant to the Agreement, the Corporation has agreed to make payments sufficient to pay when due the principal of and interest on the Obligation. The rights of the Issuer under the Agreement (except certain rights to indemnification, reimbursements, administrative fees and notices and the right to perform certain discretionary acts) are pledged and assigned by the Issuer to the Lender as security for the Obligation. The Obligation is payable solely from such revenues and funds as are pledged and assigned to the payment thereof pursuant to the Agreement. The Obligation bears interest at the rates and matures on the date set forth in the Agreement. The Obligation is subject to prepayment upon certain circumstances, terms and conditions described in the Agreement. Based on our examination described above and in reliance upon the opinion referred to below, we are of the opinion as follows: 1 The Issuer is duly created and validly existing as a public body corporate and politic and instrumentality of the State of Colorado, with the power to enter into and perform its Obligation under the Agreement and to issue the Obligation. The Agreement has been duly authorized, executed and delivered by the Issuer and is the valid and binding obligation of the Issuer enforceable against the Issuer. The Obligation has been duly authorized, executed and delivered by the Issuer and is the valid. binding, enforceable, special, limited obligation of the Issuer, payable solely from the revenues pledged and assigned to the payment thereof pursuant to the Agreement. �+ Interest on the Obligation is excludable from gross income for federal income tax purposes under existing law. The Obligation is a "qualified 501(c)(3) Obligation" within the meaning of the Code, and interest on the Obligation is not subject to the alternative minimum tax on individuals and corporations, except that interest on the Obligation will be included in the "adjusted current earnings" of a corporation (other than any S corporation, regulated investment company-. REIT. REMIC or FASIT) for purposes of computing its alternative minimum tax. The opinion set forth above is subject to the condition that the Corporation comply with all requirements of the Code that must be satisfied subsequent to the issuance of the Obligation in order that interests thereon be (or continue to be) excluded from gross income for Federal income tax purposes. The Corporation has covenanted to comply with all such requirements. Failure to comply with certain of such requirements could cause the interest on the Obligation to x774 Colorado Educational and Cultural Facilities Authority February .2006 Page 3 be included in gross income retroactive to the date of issuance of the Obligation. We express no opinion regarding other Federal tax consequences arising with respect to the Obligation. 5 Interest on the Obligation is excludable from taxable income for Colorado income tax purposes and from Colorado alternative minimum taxable income under existing law. 6. The Obligation and the interest thereon shall never constitute a general obligation, debt or indebtedness of the Issuer within the meaning of any provision or limitation of the Constitution or statutes of the State of Colorado and shall not constitute or give rise to a pecuniary liability of the Issuer or charge against its general credit or taxing powers, but are payable solely from the revenues pledged and assigned to the payment thereof. In providing such opinions, we have relied on representations of the Issuer, the Corporation, and Coughlin and Company, Inc. (the "Underwriter") with respect to matters solely within the knowledge of the Issuer, the Corporation and the Underwriter, respectively, which we have not independently verified, and have assumed continuing compliance with the covenants in the Agreement pertaining to those sections of the Code that affect the exclusion from gross income of interest on the Obligation for federal income tax purposes. We have further relied on the opinion of The Law Offices of David E. Frank, Auburn, California, counsel to the Corporation, to the effect that the Corporation is exempt from tax pursuant to section 501(a) of the Code by virtue of being an organization described in section 501(c)(3) of the Code. If such representations are determined to be inaccurate or incomplete, or the Issuer or the Corporation fails to comply with the foregoing covenants of the Agreement, interest on the Obligation could become includable in gross income from the date of its original delivery, regardless of the date on which the event causing such inclusion occurs. Certain requirements and procedures contained or referred to in the Agreement and other relevant documents may be changed and certain actions may be taken or omitted under the circumstances and subject to the terms and conditions set forth in such documents, upon the advice or with an approving opinion of nationally recognized bond counsel. No opinion is expressed herein as to the Obligation or the interest thereon on or after such change that occurs or action that is taken or omitted upon the advice or approval of counsel other than ourselves. Except as stated above, we express no opinion as to any federal, state or local tax consequences resulting from the receipt or accrual of interest on, or acquisition, ownership or disposition of, the Obligation. #7-4 vl Colorado Educational and Cultural Facilities Authority February , 2006 Page 4 Owners of the Obligation should be aware that the ownership of tax-exempt bond may result in collateral federal income tax consequences to financial institutions, life insurance and property and casualty insurance companies, certain S corporations with Subchapter C earnings and profits, individual recipients of Social Security or Railroad Retirement benefits, taxpayers who may be deemed to have incurred or continued indebtedness to purchase or carry tax-exempt bonds, taxpayers owning an interest in a FASIT that holds tax-exempt bonds and individuals otherwise qualifying for the earned income credit. In addition, certain foreign corporations doing business in the United States may be subject to the "branch profits tax" on their effectively -connected earnings and profits (including tax-exempt interest such as interest on the Obligation). We express no opinion as to the status of the Obligation under the "Blue Sky" or legal investment laws of any state jurisdiction, or as to any information prepared in connection with the offer or sale of the Obligation. It is to be understood thai the rights of the holders of the Obligation and the enforceability of the Obligation and the Agreement may be subject to bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights heretofore or hereafter enacted to the extent constitutionally applicable, and that their enforcement may be subject to the exercise of judicial discretion in accordance with general principles of equity, and may be limited by the reasonable exercise of the police power of the State of Colorado and by the exercise of the powers delegated to the l'nited States of America by the Federal Constitution. The opinions set forth above are based on existing law, which is subject to change. Such opinions are further based on our knowledge of facts as of the date hereof. We assume no duty to update or supplement these opinions to reflect any facts or circumstances that may hereafter come to our attention or to reflect any changes in any law that may hereafter occur or become effective Very truly yours, #774 vi RESOLUTION OF THE CITY OF CORPUS CHRISTI, TEXAS APPROVING THE ISSUANCE OF TAX EXEMPT OBLIGATION BY THE COLORADO EDUCATIONAL AND CULTURAL FACILITIES AUTHORITY FOR THE BENEFIT OF EDUCATIONAL MEDIA FOUNDATION AS REQUIRED BY SECTION 147 (F) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED. WHEREAS, Educational Media Foundation, a California nonprofit corporation which operates a non-commercial radio station (KKLM-FM) located at 410 S. Padre Island Drive, Suite 207, Corpus Christi, Texas (the "Borrower") has requested the Colorado Educational and Cultural Facilities Authority (the "Issuer") to issue its Tax -Exempt Obligation for the benefit of the Borrower, in the aggregate principal amount of approximately $16,500,000 (the "Obligation"); and WHEREAS, the proceeds of the Obligation will be used for the purposes of: (a) refinancing the cost of acquiring an FCC non-commercial license to operate a radio station assigned to Corpus Christi, Texas by the FCC that offers contemporary Christian music, public affairs programming, public service announcements and personal counseling by phone to listeners. (b) equipping the radio station which the Borrower will operate, and (c) paying certain osts of issuance of the Obligation. WHEREAS, in order to achieve interest savings, the Borrower desires that the Obligation be issued in compliance with the requirement of the Internal Revenue Code of 1986, as amended ( the "Code") so that interest on the Obligation will be excludable from the gross income of the holders; and WHEREAS, Section 147 (0 of the Code requires, as a condition to receiving tax-exempt treatment of the interest on the Obligation, that an authorized, elected representative approve the Obligation and the City Council of Corpus Christi (the "Council") constitutes such an authorized, elected representative: and WHEREAS, it is deemed necessary and advisable that this Resolution be adopted; and NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI AS FOLLOWS: Section 1: The issuance of the Obligation by the Issuer in an aggregate amount not to exceed $16,500.000 is hereby approved. Section 2: Such approval shall be solely for the purposes of Section 147 (f) of the Internal Revenue Code of 1986, and the City of Corpus Christi, Texas, shall have no liabilities for the payment of the Obligation nor shall any of its assets be pledged to the payment of the Obligation. Section 3: In providing this approval, the City makes no representations with respect to any of the projects to he financed with the proceeds of the Bonds, specifically, but not by way of =685 limitation, with respect to any projects outside the City of Corpus Christi which are to be financed with approximately $16.150,000 of the proceeds of the Bonds, of which the City has no knowledge. Section 4: This Resolution shall take effect and be in full force immediately after its adoption by the Council. THIS RESOLUTION HAVING BEEN DULY CONSIDERED AND VOTED UPON WAS PASSED AND APPROVED THIS DAY OF , 2006. CITY OF CORPUS CHRISTI, TEXAS ATTES"1 By: City Clerk APPROVED: February 9, 2006. B 1 isa Aguilar Assistant City Attorney for City Attorney , Mayor Corpus Christi, Texas of , 2006 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott 3 668' v2 20 IRC Sec. 147 Current through PL 114-143, approved 4/11/16 IRC > INTERNAL REVENUE CODE > SUBTITLE A. INCOME TAXES > CHAPTER 1. NORMAL TAXES AND SURTAXES > SUBCHAPTER B. COMPUTATION OF TAXABLE INCOME > PART IV. TAX EXEMPTION REQUIREMENTS FOR STATE AND LOCAL BONDS > SUBPART A. PRIVATE ACTIVITY BONDS § 147. Other requirements applicable to certain private activity bonds. (a) Substantial user requirement. (1)In general. Except as provided in subsection (h), a private activity bond shall not be a qualified bond for any period during which it is held by a person who is a substantial user of the facilities or by a related person of such a substantial user. (2)Related person. For purposes of paragraph (1), the following shall be treated as related persons -- (A)2 or more persons if the relationship between such persons would result in a disallowance of losses under section 267 or 707(b) [/RC Sec. 267 or 707(b)], (B)2 or more persons which are members of the same controlled group of corporations (as defined in section 1563(a) [IRC Sec. 1563(a)], except that "more than 50 percent" shall be substituted for "at least 80 percent" each place it appears therein), (C)a partnership and each of its partners (and their spouses and minor children), and (D)an S corporation and each of its shareholders (and their spouses and minor children). (b) Maturity may not exceed 120 percent of economic life. (1)General rule. Except as provided in subsection (h), a private activity bond shall not be a qualified bond if it is issued as part of an issue and-- (A)the average maturity of the bonds issued as part of such issue, exceeds (B)120 percent of the average reasonably expected economic life of the facilities being financed with the net proceeds of such issue. (2)Determination of averages. For purposes of paragraph (1)-- (A)the average maturity of any issue shall be determined by taking into account the respective issue prices of the bonds issued as part of such issue, and (B)the average reasonably expected economic life of the facilities being financed with any issue shall be determined by taking into account the respective cost of such facilities. (3)Special rules. (A)Determination of economic life. For purposes of this subsection, the reasonably expected economic life of any facility shall be determined as of the later of-- (i)the date on which the bonds are issued, or (ii)the date on which the facility is placed in service (or expected to be placed in service). (B)Treatment of land. (i)Land not taken into account. Except as provided in clause (ii), land shall not be taken into account under paragraph (1)(B). Page 2 of 7 IRC Sec. 147 (ii)Issues where 25 percent or more of proceeds used to finance land. If 25 percent or more of the net proceeds of any issue is to be used to finance land, such land shall be taken into account under paragraph (1)(B) and shall be treated as having an economic life of 30 years. (4)Special rule for pooled financing of 501(c)(3) organization. (A)In general. At the election of the issuer, a qualified 501(c)(3) bond shall be treated as meeting the requirements of paragraph (1) if such bond meets the requirements of subparagraph (B). (B)Requirements. A qualified 501(c)(3) bond meets the requirements of this subparagraph if -- (i)95 percent or more of the net proceeds of the issue of which such bond is a part are to be used to make or finance loans to 2 or more 501(c)(3) organizations or governmental units for acquisition of property to be used by such organizations, (ii)each loan described in clause (i) satisfies the requirements of paragraph (1) (determined by treating each loan as a separate issue), (iii)before such bond is issued, a demand survey was conducted which shows a demand for financing greater than an amount equal to 120 percent of the lendable proceeds of such issue, and (iv)95 percent or more of the net proceeds of such issue are to be loaned to 501(c)(3) organizations or governmental units within 1 year of issuance and, to the extent there are any unspent proceeds after such 1 -year period, bonds issued as part of such issue are to be redeemed as soon as possible thereafter (and in no event later than 18 months after issuance).A bond shall not meet the requirements of this subparagraph if the maturity date of any bond issued as part of such issue is more than 30 years after the date on which the bond was issued (or, in the case of a refunding or series of refundings, the date on which the original bond was issued). (5)Special rule for certain FHA insured loans. Paragraph (1) shall not apply to any bond issued as part of an issue 95 percent or more of the net proceeds of which are to be used to finance mortgage loans insured under FHA242 or under a similar Federal Housing Administration program (as in effect on the date of the enactment of the Tax Reform Act of 1986 [enacted Oct. 22, 1986]) where the loan term approved by such Administration plus the maximum maturity of debentures which could be issued by such Administration in satisfaction of its obligations exceeds the term permitted under paragraph (1). (c) Limitation on use for land acquisition. (1)In general. Except as provided in subsection (h), a private activity bond shall not be a qualified bond if-- (A)it is issued as part of an issue and 25 percent or more of the net proceeds of such issue are to be used (directly or indirectly) for the acquisition of land (or an interest therein), or (B)any portion of the proceeds of such issue is to be used (directly or indirectly) for the acquisition of land (or an interest therein) to be used for farming purposes. (2)Exception for first-time farmers. (A)In general [Caution: For calendar years beginning in 2016, see § 3.21 of Rev. Proc. 2015-53 (26 USCS § 1 note) for provision that the loan limit amount under this subparagraph for first time farmers is $ 520,000.]. If the requirements of subparagraph (B) are met with respect to any land, paragraph (1) shall not apply to such land, and subsection (d) shall not apply to property to be used thereon for farming purposes, but only to the extent of expenditures (financed with the proceeds of the issue) not in excess of $ 450,000. (B)Acquisition by first-time farmers. The requirements of this subparagraph are met with respect to any land if-- Page 3 of 7 IRC Sec. 147 (i)such land is to be used for farming purposes, and (ii)such land is to be acquired by an individual who is a first-time farmer, who will be the principal user of such land, and who will materially and substantially participate on the farm of which such land is a part in the operation of such farm. (C)First-time farmer. For purposes of this paragraph-- (i)In general. The term "first-time farmer" means any individual if such individual-- (I)has not at any time had any direct or indirect ownership interest in substantial farmland in the operation of which such individual materially participated, and (II)has not received financing under this paragraph in an amount which, when added to the financing to be provided under this paragraph, exceeds the amount in effect under subparagraph (A). (ii)Aggregation rules. Any ownership or material participation, or financing received, by an individual's spouse or minor child shall be treated as ownership and material participation, or financing received, by the individual. (iii)Insolvent farmer. For purposes of clause (i), farmland which was previously owned by the individual and was disposed of while such individual was insolvent shall be disregarded if section 108 [IRC Sec. 108] applied to indebtedness with respect to such farmland. (D)Farm. For purposes of this paragraph, the term "farm" has the meaning given such term by section 6420(c)(2) [IRC Sec. 6420(c)(2)]. (E)Substantial farmland. For purposes of this paragraph, the term "substantial farmland" means any parcel of land unless such parcel is smaller than 30 percent of the median size of a farm in the county in which such parcel is located. (F)Used equipment limitation. For purposes of this paragraph, in no event may the amount of financing provided by reason of this paragraph to a first-time farmer for personal property-- (i)of a character subject to the allowance for depreciation, (ii)the original use of which does not begin with such farmer, and (iii)which is to be used for farming purposes,exceed $ 62,500. A rule similar to the rule of subparagraph (C)(ii) shall apply for purposes of the preceding sentence. (G)Acquisition from related person. For purposes of this paragraph and section 144(a) [IRC Sec. ], the acquisition by a first-time farmer of land or personal property from a related person (within the meaning of section 144(a)(3) [IRC Sec. 144(a)(3)]) shall not be treated as an acquisition from a related person, if-- (i)the acquisition price is for the fair market value of such land or property, and (ii)subsequent to such acquisition, the related person does not have a financial interest in the farming operation with respect to which the bond proceeds are to be used. (H)Adjustments for inflation. In the case of any calendar year after 2008, the dollar amount in subparagraph (A) shall be increased by an amount equal to-- (i)such dollar amount, multiplied by (ii)the cost -of -living adjustment determined under section 1(f)(3) [/RC Sec. 1(f)(3)] for the calendar year, determined by substituting "calendar year 2007" for "calendar year 1992" in subparagraph (B) thereof.lf any amount as increased under the preceding sentence is not a multiple of $ 100, such amount shall be rounded to the nearest multiple of $ 100. Page 4 of 7 IRC Sec. 147 (3)Exception for certain land acquired for environmental purposes, etc. Any land acquired by a governmental unit (or issuing authority) in connection with an airport, mass commuting facility, high-speed intercity rail facility, dock, or wharf shall not be taken into account under paragraph (1) if-- (A)such land is acquired for noise abatement or wetland preservation, or for future use as an airport, mass commuting facility, high-speed intercity rail facility, dock, or wharf, and (B)there is not other significant use of such land. (d) Acquisition of existing property not permitted. (1)In general. Except as provided in subsection (h), a private activity bond shall not be a qualified bond if issued as part of an issue and any portion of the net proceeds of such issue is to be used for the acquisition of any property (or an interest therein) unless the 1st use of such property is pursuant to such acquisition. (2)Exception for certain rehabilitations. Paragraph (1) shall not apply with respect to any building (and the equipment therefor) if-- (A)the rehabilitation expenditures with respect to such building, equal or exceed (B)15 percent of the portion of the cost of acquiring such building (and equipment) financed with the net proceeds of the issue.A rule similar to the rule of the preceding sentence shall apply in the case of structures other than a building except that subparagraph (B) shall be applied by substituting "100 percent" for "15 percent". (3)Rehabilitation expenditures. For purposes of this subsection-- (A)In general. Except as provided in this paragraph, the term "rehabilitation expenditures" means any amount properly chargeable to capital account which is incurred by the person acquiring the building for property (or additions or improvements to property) in connection with the rehabilitation of a building. In the case of an integrated operation contained in a building before its acquisition, such term includes rehabilitating existing equipment in such building or replacing it with equipment having substantially the same function. For purposes of this subparagraph, any amount incurred by a successor to the person acquiring the building or by the seller under a sales contract with such person shall be treated as incurred by such person. (B)Certain expenditures not included. The term "rehabilitation expenditures" does not include any expenditure described in section 47(c)(2)(B) [IRC Sec. 47(c)(2)(8)]. (C)Period during which expenditures must be incurred. The term "rehabilitation expenditures" shall not include any amount which is incurred after the date 2 years after the later of-- (i)the date on which the building was acquired, or (ii)the date on which the bond was issued. (4)Special rule for certain projects. In the case of a project involving 2 or more buildings, this subsection shall be applied on a project basis. (e) No portion of bonds may be issued for skyboxes, airplanes, gambling establishments, etc. A private activity bond shall not be a qualified bond if issued as part of an issue and any portion of the proceeds of such issue is to be used to provide any airplane, skybox or other private luxury box, health club facility, facility primarily used for gambling, or store the principal business of which is the sale of alcoholic beverages for consumption off premises. The preceding sentence shall not apply to any fixed -wing aircraft equipped for, and exclusively dedicated to providing, acute care emergency medical services (within the meaning of section 4261(g)(2) [IRC Sec. 4261(g)(2)]). (f) Public approval required for private activity bonds. (1)In general. A private activity bond shall not be a qualified bond unless such bond satisfies the requirements of paragraph (2). Page 5 of 7 IRC Sec. 147 (2)Public approval requirement. (A)In general. A bond shall satisfy the requirements of this paragraph if such bond is issued as a part of an issue which has been approved by-- (i)the governmental unit-- (I)which issued such bond, or (II)on behalf of which such bond was issued, and (ii)each governmental unit having jurisdiction over the area in which any facility, with respect to which financing is to be provided from the net proceeds of such issue, is located (except that if more than 1 governmental unit within a State has jurisdiction over the entire area within such State in which such facility is located, only 1 such unit need approve such issue). (B)Approval by a governmental unit. For purposes of subparagraph (A), an issue shall be treated as having been approved by any governmental unit if such issue is approved-- (i)by the applicable elected representative of such governmental unit after a public hearing following reasonable public notice, or (ii)by voter referendum of such governmental unit. (C)Special rules for approval of facility. If there has been public approval under subparagraph (A) of the plan for financing a facility, such approval shall constitute approval under subparagraph (A) for any issue-- (i)which is issued pursuant to such plan within 3 years after the date of the 1st issue pursuant to the approval, and (ii)all or substantially all of the proceeds of which are to be used to finance such facility or to refund previous financing under such plan. (D)Refunding bonds. No approval under subparagraph (A) shall be necessary with respect to any bond which is issued to refund (other than to advance refund) a bond approved under subparagraph (A) (or treated as approved under subparagraph (C)) unless the average maturity date of the issue of which the refunding bond is a part is later than the average maturity date of the bonds to be refunded by such issue. For purposes of the preceding sentence, average maturity shall be determined in accordance with subsection (b)(2)(A). (E)Applicable elected representative. For purposes of this paragraph-- (i)In general. The term "applicable elected representative" means with respect to any governmental unit-- (I)an elected legislative body of such unit, or (II)the chief elected executive officer, the chief elected State legal officer of the executive branch, or any other elected official of such unit designated for purposes of this paragraph by such chief elected executive officer or by State law.lf the office of any elected official described in subclause (II) is vacated and an individual is appointed by the chief elected executive officer of the governmental unit and confirmed by the elected legislative body of such unit (if any) to serve the remaining term of the elected official, the individual so appointed shall be treated as the elected official for such remaining term. (ii)No applicable elected representative. If (but for this clause) a governmental unit has no applicable elected representative, the applicable elected representative for purposes of clause (i) shall be the applicable elected representative of the governmental unit- (I)which is the next higher governmental unit with such a representative, and Page 6 of 7 IRC Sec. 147 (II)from which the authority of the governmental unit with no such representative is derived. (3)Special rule for approval of airports or high-speed intercity rail facilities. If-- (A)the proceeds of an issue are to be used to finance a facility or facilities located at an airport or high-speed intercity rail facilities, and (B)the governmental unit issuing such bonds is the owner or operator of such airport or high-speed intercity rail facilities,such governmental unit shall be deemed to be the only governmental unit having jurisdiction over such airport high-speed intercity rail facilities for purposes of this subsection. (4)Special rules for scholarship funding bond issues and volunteer fire department bond issues. (A)Scholarship funding bonds. In the case of a qualified scholarship funding bond, any governmental unit which made a request described in section 150(d)(2)(B) [IRC Sec. 150(d)(2)(8)] with respect to the issuer of such bond shall be treated for purposes of paragraph (2) of this subsection as the governmental unit on behalf of which such bond was issued. Where more than one governmental unit within a State has made a request described in section 150(d)(2)(B) [ Sec. 150(d)(2)(8)], the State may also be treated for purposes of paragraph (2) of this subsection as the governmental unit on behalf of which such bond was issued. (B)Volunteer fire department bonds. In the case of a bond of a volunteer fire department which meets the requirements of section 150(e) [IRC Sec. 150(e)], the political subdivision described in section 150(e)(2)(B) [IRC Sec. 150(e)(2)(8)] with respect to such department shall be treated for purposes of paragraph (2) of this subsection as the governmental unit on behalf of which such bond was issued. (g) Restriction on issuance costs financed by issue. (1)In general. A private activity bond shall not be a qualified bond if the issuance costs financed by the issue (of which such bond is a part) exceed 2 percent of the proceeds of the issue. (2)Special rule for small mortgage revenue bond issues. In the case of an issue of qualified mortgage bonds or qualified veterans' mortgage bonds, paragraph (1) shall be applied by substituting "3.5 percent" for "2 percent" if the proceeds of the issue do not exceed $ 20,000,000. (h) Certain rules not to apply to certain bonds. (1)Mortgage revenue bonds and qualified student loan bonds. Subsections (a), (b), (c), and (d) shall not apply to any qualified mortgage bond, qualified veterans' mortgage bond, or qualified student loan bond. (2)Qualified 501(c)(3) bonds. Subsections (a), (c), and (d) shall not apply to any qualified 501(c)(3) bond and subsection (e) shall be applied as if it did not contain "health club facility" with respect to such a bond. (3)Exempt facility bonds for qualified public-private schools. Subsection (c) shall not apply to any exempt facility bond issued as part of an issue described in section 142(a)(13) [IRC Sec. 142(a)(13)] (relating to qualified public educational facilities). History (Added Oct. 22, 1986,P.L. 99-514, Title XIII, § 1301(b), 100 Stat. 2635; Nov. 10, 1988,P.L. 100-647, Title I, § 1013(a)(11) -(13)(B), (29), (36), Title VI, § 6180(b)(4), (5), 102 Stat. 3539, 3543, 3544, 3728; Dec. 19, 1989, PL. 101-239, Title VII, § 7816(s)(3), 103 Stat. 2423; Nov. 5, 1990, P.L. 101-508, Title XI, § 11813(b)(8), 104 Stat. 1388-552; Aug. 20, 1996, P.L. 104-188, Title I, § 1117(a), (b), 110 Stat. 1764; June 7, 2001, P.L. 107-16, Title Page 7of7 IRC Sec. 147 IV, § 422(d), (e), 115 Stat. 66; May 22, 2008, P.L. 110-234, Title XV, Subtitle C, Part III, § 15341(a) -(d), 122 Stat. 1517; June 18, 2008, P.L. 110-246, § 4(a), Title XV, Subtitle C, Part III, § 15341(a) -(d), 122 Stat. 1664, 2279; Feb. 14, 2012, P.L. 112-95, Title XI, § 1105(a), .) INTERNAL REVENUE CODE Copyright © 2016 Matthew Bender & Company, Inc. a member of the LexisNexis Group TM All rights reserved. CERTIFICATE OF THE MAYOR OF THE CITY OF CORPUS CHRISTI, TEXAS The undersigned Mayor of the City of Corpus Christi, Texas, (the "City") hereby certifies with respect to the issuance by the New Hope Cultural Education Facilities Finance Corporation (the "Corporation") of its Student Housing Revenue Bonds (CHF — Collegiate Housing Island Campus, L.L.C. — Texas A&M University — Corpus Christi Island Campus Project) Series 2016A (the "Bonds"), that: 1. This certificate is based upon the CERTIFICATE OF PUBLIC HEARING OFFICER REGARDING PUBLIC HEARING attached hereto as Exhibit A relating to the public hearing conducted on April 25, 2016, by the duly appointed hearing officer of the Corporation in accordance with the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"); and 2. Solely for purposes of the approval requirements of the aforesaid Section 147(f) of the Code, and for no other purposes, in my capacity as Mayor, I hereby approve the Bonds and the facilities to be financed with the proceeds of the Bonds; provided, however, THAT THIS APPROVAL SHALL NOT BE CONSTRUED AS (1) A REPRESENTATION OR WARRANTY BY THE CITY, THE MAYOR OF THE CITY, THE STATE OF TEXAS OR ANY OTHER AGENCY, INSTRUMENTALITY OR POLITICAL SUBDIVISION OF THE STATE OF TEXAS THAT THE BONDS WILL BE PAID OR THAT ANY OBLIGATIONS ASSUMED BY ANY OF THE PARTIES UNDER THE INSTRUMENTS DELIVERED IN CONNECTION WITH THE BONDS WILL IN FACT BE PERFORMED; (2) A PLEDGE OF FAITH AND CREDIT OF THE CITY OR THE STATE OF TEXAS OR ANY AGENCY, INSTRUMENTALITY OR POLITICAL SUBDIVISION OF THE STATE OF TEXAS OR THE CITY; OR (3) A REPRESENTATION OR WARRANTY BY THE CITY CONCERNING THE VALIDITY OF THE CORPORATE EXISTENCE OF THE CORPORATION OR THE VALIDITY OF THE BONDS. Mayor, City of Corpus Christi Date: , 2016 EXHIBIT A CERTIFICATE OF PUBLIC HEARING OFFICER REGARDING PUBLIC HEARING Re: New Hope Cultural Education Facilities Finance Corporation Student Housing Revenue Bonds (CHF — Collegiate Housing Island Campus, L.L.C.— Texas A&M University— Corpus Christi Project) Series 2016A The undersigned, Terry Tatum, designated Hearing Officer of New Hope Cultural Education Facilities Finance Corporation (the "Issuer"), the Issuer of the above -referenced bonds (the "Bonds"), called the Public Hearing of the Issuer held in Room 127 of the Harte Research Institute, 6300 Ocean Drive, Corpus Christi, Texas 78412, on April 25, 2016 to order at 4:00 p.m. I declared that a Public Hearing required under Section 147(f) of the Internal Revenue Code of 1986 was open for purposes of discussing the Bonds and the projects to be financed, refinanced or constructed with the proceeds of the Bonds (the "Projects") by CHF — Collegiate Housing Island Campus, L.L.C., an Alabama limited liability company. I declared that the required notice of the Public Hearing for the Projects was published in the Corpus Christi Caller -Times, being a newspaper of general circulation in the City of Corpus Christi, Texas, as evidenced by an Affidavit of Publication attached hereto as Schedule I. I proceeded to hold the Public Hearing. No member of the public attended the Public Hearing and thus no comments were made or discussed about the Projects or the Bonds. After sufficient time was given for any member of the public to make their comments with respect to the Bonds and the Projects, I declared the Public Hearing closed at 4:15 p.m. DATED: April 25, 2016. Terry Tatum, Hearing Officer New Hope Cultural Education Facilities Finance Corporation SCHEDULE I Affidavit Of Publication [attached hereto] AFFIDAVIT OF PUBLICATION BEFORE ME, a notary public in and for the above named County, on this day personally appeared the person whose name is subscribed below, who, having been duly sworn, says upon oath that he or she is a duly authorized officer or employee of the Corpus Christi Caller Times, which is a newspaper of general circulation in the City of Corpus Christi, Texas, devoting not less than 25% of its total column lineage to the carrying of items of general interest, published not less frequently than once each week, entered as second-class postal matter in the county where published, and having been published regularly and continuously for not less than 12 months prior to the making of any publication; and that a true and correct copy of the NOTICE OF PUBLIC HEARING, a clipping of which is attached to this Affidavit, was published in said Newspaper on April 8, 2016. 2016. Authorized Officer or Employee SUBSCRIBED AND SWORN TO BEFORE ME on the ifq day Notary Public CORPUS CHRISTI (tatteM I1tto Sales Rep: Georgia Lawson (C9190) caHercom Phone: (361) 886-4307 > Account Information Date: 04/05/16 Account Number: 825296 0 Company Name: JONI WALLACE Contact Name: Email: jwallace@mphlegal.com Address: 717 N. HARWOOD, SUITE 900, DALLAS, TX, 75201 Phone: (214) 754-9280 Fax: Email: georgia.lawson@caller.com > insertion Information This is a proof of your ad scheduled to run on the dates indicated below. Please confine placement prior to deadline by contacting your account rep at (361) 886-4307 . Ad Id: 1028933 P.O. Number: Total Cost: $339.45 Tag Line: NOTICE OF PUBLIC HEARING The New Hop Start Date: 04/08/16 Stop Date: 04/08/16 Number of Times: 1 Class: 16130 - Legals Publications: CC -Corpus Christi Caller -Times, CC -Internet - caller.com >Ad Proof I agree this ad is accurate and as ordered. NOTICE OF PUBLIC HEARING The New Hope Cultural Edu- cation Facilities Finance Corporation (the "Issuer") will hold a public hearing at 4:00 p.m. on April 25, 2016 in Room 127 of the Harte Research Institute, 6300 Ocean Drive, Corpus Chris- ti, Texas 78412. Among items to be discussed will be a proposal for issuance by the Issuer of its Student Housing Revenue Bonds (the "Bonds"), which will be issued in one or more series in an aggregate prin- cipal amount not to exceed 3100,000,000. The Bonds will be issued to provide funds to finance the cost of the acquisition, renova- tion, furnishing and equip- ping of approximately 23 student housing buildings containing approximately 1,228 units and including the related facilities on the property and various relat- ed amenities and improve- ments and other education- al facilities, to fund interest on the Bonds, to fund cer- tain start-up costs, to fund a debt service reserve fund for the Bonds, and to pay the costs of issuing the Bonds (collectively, the "Project"). The Project will be owned by CHF - Collegiate Hous- ing Island Campus, L.L.C., an Alabama limited liability cornpanyof which pis Collethe giate House - ing Foundation, an organi- zation described in Section 500(0)(3) of the Internal Revenue Code of 1986 (the "Code"), and managed by American Campus Commu- nities, Inc. or a controlled affiliate of American Cam- pus Communities, Inc. The Project is located on the island campus of Texas A&M University -Corpus Christi at or adjacent to 6515 Ocean Drive, Corpus Chris- ti Texas 78412. Members of the public may attend or submit written comments prior to the hearing regard - ng the Project or the Bonds to the Issuer c/0 Joseph E. Eckert, McCall, Parkhurst & Horton L.L.P., 717 North Harwood, Suite 900, Dallas, Texas 75201. This notice is published and the hearing is to be held to satisfy the requirements of section 147(0 of the Code. Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such, Journal Mcdia Group reserves the right to categorize, edit and refuse certain classified ads. Your satisfaction is important. If you notice errors in your ad, please notify the classified department immediately so that we can make corrections before the second print date. The number to call is 361-883-1111. Allowance may not be made for errors re- ported past the second print date. The Corpus Christi Caller -Times may not issue refunds for classified advertising purchased in a package rate; ads purchased on the open rate may be pro -rated for the remaining full days for which the ad did not run. Texas A&M University -Corpus Christi Bonds Residential Housing Council Presentation May 17, 2016 What TAMUCC is asking City to do APPROVE THE ISSUANCE OF (I) Student Housing Revenue Bonds And The Project To Be Acquired With The Proceeds Of Such Bonds (i.e. existing housing on Ward Island Campus) AND (II) Student Housing Revenue Bonds And The Project To Be Acquired With The Proceeds Of Such Bonds (i.e. new housing on Momentum Campus) NOTE: On May 13, 2014, the City approved bonds for the student housing on the TAMUCC Momentum Campus Internal Revenue Code In order for the interest on the bonds to be exempt from the holder's income, Section 147(f) of the Internal Revenue Code of 1986 requires that the Series 2016A Bonds and the Projects (i.e. student housing) must be approved by the City Council or highest elected official of the City after the publication of Notice of Hearing and the holding of a hearing. No City Obligation "(Bonds)...shall not constitute obligations of the City or a pledge of its faith and credit, and the City shall not be obligated to pay the Bonds or the interest thereone or otherwise incur any liability in respect thereof." Ward Island/Main Campus Approximately 1,790 beds Bonds not to exceed $100,000,000 Momentum Campus ISMS Tntrn.m.o.T,IA.,!E7 A—friso_ 0 1 ME PLAN w.Rqu.ryApprara, Perm,tingorGonstri.n. Approximately 560 beds Bonds Not to exceed $48,000,000 Dukfcc...mumaa,.., AGENDA MEMORANDUM City Council Meeting of May 17, 2016 DATE: April 27, 2016 TO: Ronald L. Olson, City Manager FROM: lain Vasey, President/CEO ivasey@ccredc.com (361) 882-7448 CCREDC Quarterly Update to City Council (Q2 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 City 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: Presentation — CCREDC Quarterly Economic Update PI Corpus Christi NA.. REGIONAL ECONOMIC DEVELOPMENT CORPORATION May 2016 Economic Update Iain Vasey Employment by Sector Corpus Christi MSA Mar. 16 Total Nonagricultural 198,000 Mining, Logging, & Const. 24,500 Manufacturing 9,000 36,400 2,000 8,600 17,300 30,900 27,100 8,100 Government 34,100 Mar. 13 189,800 24,400 9,700 Corpus Christi MSA Employment by Sector NA. REGIONALECONOMIC DEVELOPMENT CORPORATION Corpus Christi Trade, Transportation and Utilities Information Financial Activities Professional and Business Services Educational and Health Services Leisure and Hospitality Other Services % Change 0.0% -14.0% - 7.2% Mar. 15 198,000 28,500 9,700 % Change 2013-2016 4.3% 0.4% - 7.2% 1.4% - 4.8% 1.2% 13.1% 2.3% 5.0% - 2.4% 35,900 2,100 8,500 15,300 30,200 25,800 8,300 9.0% - 4.8% 10.3% 5.5% 3.0% 11.1% 5.2% 33,400 2,100 7,800 16,400 30,000 24,400 7,700 1.2% 33,700 0.6% 33,900 YTD EDC Goals and Results PINACorpus Christi REGIONAL ECONOMIC DEVELOPMENT CORPORATION 1,000+ Direct New "Economic Driver" Jobs Annually - 250 Overall New Direct Payroll: $8.1 M ➢Capital Expenditures ("CapEx") $100 M 150+BRE Visits/Company Interviews & semi-annual BRE reports 45 ➢Rankings: Southern Business & Development Magazine "Best Large Local Economic Development Agencies" (April 2016 11 Corpus Christi Key Economic Indicators \ DREGIONAL EVELOPMENT O CORPORATION Oil Prices: Apr. 2015 Apr. 2016 (WTC www.oil.com) $ 51.63/bbl. $ 39.72/bbl. (WTI) U.S. Rig Count: (www.bakerhughes.com/rigcount) April 2014 April 2015 April 2016 894 545 443 Unemployment: March 2015 4.7% Natural Gas Prices: $ 2.25 mm btu $ 1.99 mm btu (Henry Hub www.eia.gov) Eagle Ford Shale Rig Count (www.EagleF ordShale. c om) April2014 221 March 2015 153 April2016 40 March 2016 5.6% • " Corpus Christi 2016 Economic Outlook Watch List PEG DNAL ECONOMIC DEVELOPMENT CORPORATION ➢ Continued uncertainty in crude oil & energy markets impacting Texas ➢ No consensus on pricing stability or predictable global demand ➢ Analysts predict huge range $20-60/bbl for the next two years ➢ Dependent on Saudi production — competition for market share with US shale, other international producers ➢ The US has become the swing producer — greater price influence ➢ Geopolitical factors: Middle East conflict, Saudi Arabia maintaining 10.2 m/bpd production (US at 9m/bpd — double what it was in 2008) ➢ South & Latin America — Uncertain demand, fluctuating currency values, potential recessions in S American countries, esp. Brazil ➢ Crude Export Legislation - Corpus Christi , Pt Port to export crude 2016 Key Economic Indicators NA.. REGIONAL ECONOMIC DEVELOPMENT CORPORATION Corpus Christi ➢Ratio between Natural Gas and Crude Oil prices (7:1 ratio) .Low oil/gasoline prices are considered good for US, but generally bad for Texas — especially in oilfield production areas, starting to impact Midstream ➢ Corpus Christi MSA somewhat insulated, due to chemical sector growth, throughput at Port, construction of new industrial facilities which is projected to continue for next 5+ years ➢ Impact being felt in industrial commodities (iron, steel, aluminum) and drilling services, pipe, fabricated metal equipment, offshore services ➢$2-5 Billion in new industrial investment in Corpus Christi MSA ➢Economic Diversification: Not like the 1980s oil market ➢Key words for 2016: Ethane & Liquefaction, Pipeline Infrastructure EDC Strategic Plan plApt. REGIONAL ECONOMIC DEVELOPMENT CORPORATION Corpus Christi • Business Retention & Expansion • Business Recruitment & Economic Diversification • Project Management & Operating Protocols • Accountability, Compliance & Responsibility • Investor & Communications Campaign Projects Pipeline: Projects in Pipeline: 20 Potential CapEx: $2.896 billion Potential Jobs: 2,142 Potential Payroll: $585.6 million/year Recruiting Missions: 5 Existing Industry Visits: 45 Business Retention & Expansion Corpus Christi REGIONAL ECONOMIC DEVELOPMENT CORPORATION Synchronist • Data collection software to manage and analyze BRE program • 36 visits as of mid April • Partnered with TAMUCC Dr. Lee to survey businesses (94) • Main Issues to date • Availability of skilled labor • Retain young professionals • Roads and infrastructure • Positive Outlook (2016) • 73% expect business activity to remain steady or increase • 74% plan to hire or maintain current workforce • 40% will make some investment • Only 9% foresee some type of cut in investment Corpus Christi Qualified Sites Development k DEVELOPMENT ECONOMIC • Launch of CCREDC Qualified Sites Program in FY 2016 - 100+ acres — Surveys: phase I, wetlands, infrastructure, pipeline identification, title • Asking Price Negotiated Upfront with MOU with owner • Preliminary Environmental and Engineering Due Diligence Completed on Site and Marketed Globally to Site Selector firms • Strategic Corridors include Highway 44 and Airport Sites Sales Tax Renewal PI Corpus Christi NA.. REGIONAL ECONOMIC DEVELOPMENT CORPORATION • The CCREDC Board passed a resolution on April 14, 2016 that it supports the following positions; related to the 1/8 cent Sales Tax issue: Minimum of 50% of the total funds for Economic Development Up to $500,000 to affordable housing programs Balance of funds to arterial/collector streets The EDC supports the continuance of the sales tax for 20 years, maintaining a review/recommendation panel, supports a Type B structure, and appropriate protection mechanisms to ensure funds for economic development are maintained.