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HomeMy WebLinkAboutAgenda Packet City Council - 08/16/2016Corpus Christi Meeting Agenda - Final City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, August 16, 2016 11:30 AM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Nelda Martinez to call the meeting to order. B. Invocation to be given by Pastor Richard Mendiola, La Mision de Cristo. C. Pledge of Allegiance to the Flag of the United States to be led by Peter Davidson, Marina Superintendent. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations / Commendations 1. 16-0946 Proclamation declaring September 10, 2016, "Operation K.E.Y.S. - Keeping Every Youth in School Day". Corpus Christi Page 1 Printed on 8/15/2016 City Council Meeting Agenda - Final August 16, 2016 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. UPDATE ON WATER QUALITY b. WATER TASK FORCE BRIEFING C. OTHER H. MINUTES: 2. 16-0951 City Council Workshop Session of August 9, 2016 and Regular Meeting of August 9, 2016. Attachments: City Council Workshop Session - Auqust 9, 2016.pdf Minutes - Auqust 9, 2016.pdf I. BOARD & COMMITTEE APPOINTMENTS: 3. 16-0958 Board of Adjustment Parks and Recreation Advisory Committee Attachments: Board of Adiustment.pdf Parks and Recreation Advisory Committee.pdf 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. Corpus Christi Page 2 Printed on 8/15/2016 City Council Meeting Agenda - Final August 16, 2016 K. CONSENT AGENDA: (ITEMS 4 - 15) 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. 4. 16-0874 Amendment No. 1 to Master Services Agreement for Water and Wastewater Treatment On -Call Support project Motion authorizing the City Manager, or designee, to continue Water and Wastewater Treatment On -Call Support services by executing Amendment No. 1 to a Master Services Agreement (MSA) with LNV Inc. of Corpus Christi, Texas in the amount of $600,000, for a total restated fee not to exceed $635,000 for the Water and Wastewater Treatment On -Call Support project. The project provides for a one-year base contract and allows for two (2) optional one-year administrative renewals/extensions beyond the original one-year base contract, subject to availability of funding and satisfactory consultant performance. Attachments: Agenda Memo - On-call support.docx Project Budget - On-call support.xls Location Map - On -Call Support.pdf Presentation - On-call support.pptx Master Services Agreement - On -Call Srvcs 5. 16-0872 Construction contract and materials testing contract for O. N. Stevens Water Treatment Plant High Service Pump Building No. 3 Motion authorizing the City Manager, or designee, to execute a construction contract with PLW Cadagua Partners of The Woodlands, Texas in the amount of $21,650,000 for the O.N. Stevens Water Treatment Plant High Service Pump Building No. 3 for the Base Bid plus Additive Alternates No. 1 through 4 and to execute a construction materials testing contract with Rock Engineering and Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $54,765 for the O.N. Stevens Water Treatment Plant High Service Pump Building No. 3. Corpus Christi Page 3 Printed on 8/15/2016 City Council Meeting Agenda - Final August 16, 2016 Attachments: Agenda Memo - ONSWTP Prosect Budget - ONSWTP Location Map - ONSWTP.pdf Presentation - ONSWTP Contract - Rock Eng Form 1295 - PLW Cadagua.pdf Form 1295 - Rock Eng.pdf 6. 16-0848 Resolution authorizing the City Manager or designee to enter into outside city limit water contracts for properties in The Promenade Subdivision Resolution authorizing the City Manager or designee to enter into outside city limits water contracts with the property owners in The Promenade Subdivision to provide public water to their respective properties pursuant to Chapter 55, Article VIII, Code of Ordinances. Attachments: Agenda Memo - Contract OCL Promenade Resolution with Contract - OCL Promenade Location Map - Water Contract OCL - The Promenade 7. 16-0849 Resolution authorizing the City Manager or designee to enter into outside city limit water contracts for properties in the Melvin Estates Unit 1 Subdivision Resolution authorizing the City Manager or designee to enter into outside city limits water contracts with the property owners in the Melvin Estates Unit 1 Subdivision to provide public water to their respective properties pursuant to Chapter 55, Article VIII, Code of Ordinances. Attachments: Agenda Memo - OCL Water Contract Resolution- Sample Water Contract - EX A ALL Aerial Maps - Water Contract OCL -Melvin Estates Unit 1 8. 16-0839 Resolution approving a Homebuyer Assistance Program Agreement for Type A Affordable Housing Program Resolution approving an agreement in the amount of $221,000 between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi for the Type A Affordable Housing Program - Homebuyer Assistance Program and authorizing the City Manager or Designee to execute said agreement. Attachments: Agenda Memo - Type A Agreement Resolution - Type A CCHCD Agreement - Type A CCHCD 9. 16-0900 Resolution to sponsor a policy resolution for the Texas Municipal Corpus Christi Page 4 Printed on 8/15/2016 City Council Meeting Agenda - Final August 16, 2016 League Resolutions Committee to support Defense Economic Adjustment Assistance Grant (DEAAG) program Resolution authorizing the City of Corpus Christi to sponsor a policy resolution for the Texas Municipal League Resolutions Committee recommending the 85th Texas Legislature appropriate $60 million for the Fiscal Years 2018-2019 biennium for the State of Texas to the Defense Economic Adjustment Assistance Grant (DEAAG) program. Attachments: Agenda Memo - TML Policy DEAAG funding 081616 Resolution - 2016 TML DEAAG Funding 2016 TML Cover for DEAAG Resolution 10. 16-0856 Second Reading Ordinance - Rezoning property located at 2002 and 2020 Ramfield Road (1st Reading 8/9/16) Case No. 0716-01 The Estate of Joan Wakefield Urban: A change of zoning from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "IL" Light Industrial District on Tract 1 and from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -22" Single -Family 22 District on Tract 2. Tract 1 is described as being 4.64 acres and Tract 2 being 23.59 acres with both tracts being out of Lots 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast corner of Roscher Road and Ramfield Road. Planning Commission and Staff Recommendation (July 13, 2016): Tract 1: Denial of the change of zoning from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "IL" Light Industrial District and, in lieu thereof, approval of the "RS-22/SP" Single -Family 22 District with a Special Permit, and Tract 2: Approval of the change of zoning from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -22" Single -Family 22 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by The Estate of Joan Wakefield Urban ("Owner"), by changing the UDC Zoning Map from the "FR" Farm Rural District and the "RS -6" Single -Family 6 District to the "RS-22/SP" Single -Family 22 District with a Special Permit in reference to Tract 1 and to the "RS -22" Single -Family 22 District in reference to Tract 2, Tract 1 being 4.64 acres and Tract 2 being 23.59 acres with both tracts being out of Lots 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Corpus Christi Page 5 Printed on 8/15/2016 City Council Meeting Agenda - Final August 16, 2016 Attachments: Agenda Memo - Joan Wakefield Urban Estate Ordinance -SP - PC Recommendation Ordinance - IL Location Maps - Joan Wakefield Urban Estate Zoning Report - Joan Wakefield Urban Estate 11. 16-0857 Second Reading Ordinance - Rezoning property located at 9525 Leopard Street (1st Reading 8/9/16) Case No. 0716-02 Shaws Development Joint Venture: A change of zoning from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District. The property is described as being an 11.84 -acre tract of land out of Lots 1, 8 and 9, Artemus Roberts Subdivision, located on the west side of Rand Morgan Road between Goodnight Loving Trail and McNorton Road. Planning Commission and Staff Recommendation (July 13, 2016): Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Shaws Development Joint Venture ("Owner"), by changing the UDC Zoning Map in reference to an 11.84 -acre tract of land out of Lots 1, 8 and 9, Artemus Roberts Subdivision, from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - Shaws Development Joint Venture Ordinance - Shaws Develoment Joint Venture Location Maps - Shaws Development Joint Venture Zoning Report - Shaws Development Joint Venture 12. 16-0831 Second Reading Ordinance - Ratifying Acceptance of Emergency Management Performance Grant (EMPG) (1st Reading 8/9/16) Ordinance ratifying acceptance of a grant from the Texas Department of Public Safety, Governor's Division of Emergency Management, in the amount of $70,159.20 for the Emergency Management Performance Grant (EMPG); and appropriating $70,159.20 from the Emergency Management Performance Grant Program in the no. 1063 Emergency Management Grants Fund to improve mitigation, preparedness, response, and recovery capabilities for the City of Corpus Christi. Corpus Christi Page 6 Printed on 8/15/2016 City Council Meeting Agenda - Final August 16, 2016 Attachments: Agenda Memo - EMPG Ordinance - EMPG Grant Award Notice - EMPG Award Terms and Conditions - EMPG 13. 16-0813 Second Reading Ordinance - Closing a portion of a utility easement located north of Williams Drive and west of Airline Road (1st Reading 8/9/16) Ordinance abandoning and vacating a 0.060 acre portion of an existing 15 -foot wide utility easement out of a part of Lot H5, Wilkey Addition Unit 2 Corpus Christi Subdivision, located north of Williams Drive and west of Airline Road; and requiring the owner, Williams Airline Partners, Ltd. to comply with the specified conditions Attachments: Agenda Memo - Wilkey Addition Unit 2, Lot H5 - Easement Closure Ordinance - Wilkey Addition - Easement Closure Location Maps - Wilkey Addition - Easement Closure 14. 16-0873 Second Reading Ordinance - Advance Funding Agreement and contract for professional services for Padres Island Mobility and Access Management Study (1st Reading 8/9/16) Ordinance appropriating $192,000 of anticipated revenues from the Texas Department of Transportation (TxDOT); authorizing the City manager or designee to execute an Advance Funding Agreement with TxDOT for an estimated local participation cost of $9,600; and execute a contract for professional services with Maldonado -Burkett Intelligent Transportation Systems, LLP (MBITS) in an amount not to exceed $239,643 for a mobility and access management study on Padre Island. (Bond 2014 Proposition 2) Attachments: Agenda Memo - Padre Island Mobility Access Mgt Study.docx Ordinance - Padre Island Mobility Access Mgt Study.docx Project Budget - Padre Island Mobility Access Mgt Study.xlsx Location Map - Padre Island Mobility Access Mgt Study.pdf Advance Funding Agreement - Padre Island Mobility Access Mgt Study.pdf Contract Professional Services - Padre Island Mobility Access Mgt Study.pdf Presentation - Padre Island Mobility Access Mgt Study.pptx MPO TIP Padre Island Study Form 1295 - Padre Island Mobility Access Mqt Study.pdf 15. 16-0862 Second Reading Ordinance - Amending City Code to improve traffic circulation for Fannin Elementary School (1st Reading 8/9/16) Ordinance amending the Code of Ordinances, Chapter 53, Article VIII, Corpus Christi Page 7 Printed on 8/15/2016 City Council Meeting Agenda - Final August 16, 2016 Section 53-250 Schedule I - One Way Streets and Alleys by altering the direction of one-way traffic on Alexander Street from west to east and removing the one-way designation from Devon Drive, from Gollihar Road to Alexander Street; providing for severance; and providing for publication. Attachments: Agenda Memo - Fannin Elementary.docx Ordinance - Fanin Elementary (One -Way Devon).docx Location Map - Fannin Elementary.pdf Presentation - Fannin Elementary.pptx L. EXECUTIVE SESSION: (ITEMS 16 - 19) 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. 16. 16-0945 Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining matters, (including litigation) between the City of Corpus Christi and the Corpus Christi Firefighters Association. 17. 16-0917 Executive Session pursuant to Section Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to annexation, the provision of utility services, agreements related to the sale of water, and certificates of convenience and necessity in the City's extraterritorial jurisdiction and interlocal agreements with other cities and/or districts. 18. 16-0918 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to potential economic development agreement(s) with entities that are considering the construction and/or ownership of industrial facilities, including, but not limited to, the production of ethylene glycol, petrochemicals, and/or other chemicals pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to the aforesaid business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City may conduct economic development negotiations and/or deliberate possible Corpus Christi Page 8 Printed on 8/15/2016 City Council Meeting Agenda - Final August 16, 2016 economic development issues concerning said business prospect(s) 19. 16-0965 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 disposal of waste in Type IV Landfill (as described in 30 TAC § 330.5) located at/near 1435 County Road 26 (also known as Gulley -Hurst Landfill) and municipal solid waste fees. M. PUBLIC HEARINGS: (ITEMS 20 - 21) 20. 16-0814 Public Hearing for the FY 2016/2017 budget for the Corpus Christi Crime Control and Prevention District Attachments: Agenda Memo - City council approve budget 08.16.2016 Amended FY17 budget Resolution - Approving Crime Control Budget FY16-17 Presentation - CCD FY2017 21. 16-0936 Public Hearing and First Reading Ordinance - Approving the Fiscal Year 2016-2017 Capital Budget and Capital Improvement Planning Guide Ordinance approving the Fiscal Year 2016-2017 Capital Budget and Capital Improvement Planning Guide in the amount of $214,979,600. Attachments: Agenda Memo - CIP Ordinance - CIP Changes in CIP Presentation - CIP N. REGULAR AGENDA: (ITEMS 22 - 24) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 22. 16-0916 Second Reading Ordinance - Ordering General Election for Mayor and Eight Council Members - November 8, 2016 (1st Reading 8/9/16) Ordinance ordering a general election to be held on November 8, 2016, in the City of Corpus Christi for the election of Mayor and Eight Council Members; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early polling places; designating polling place locations; authorizing a joint election with Nueces County, and a runoff election, if one is necessary; and enacting provisions incident and relating to the subject and purpose of this ordinance. Corpus Christi Page 9 Printed on 8/15/2016 City Council Meeting Agenda - Final August 16, 2016 Attachments: Agenda memo - November 8 2016 General Election Ordinance - General Election 2016 Contract - Joint Election Nueces County 2016 23. 16-0914 Second Reading Ordinance - Ordering Special Election Replacing Type A Sales Tax to be administered by Type B Corporation; Continuing Crime Control and Prevention District; Consideration of Charter Amendments (1st Reading 8/9/16) Ordinance ordering a special election to be held on November 8, 2016, in the City of Corpus Christi on the questions of: (1) replacing the portion of the Type A sales tax that expires in 2018 with the adoption of a one-eighth of one percent sales and use tax to be administered by a Type B Corporation under Chapter 505 of the Texas Local Government Code, to be effective for 20 years, with the use of the proceeds for economic development, affordable housing, and streets; (2) continuing the Corpus Christi Crime Control and Prevention District and associated sales tax for 10 years; and (3) providing for consideration of amendments to the Charter of the City of Corpus Christi; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early polling places; designating polling place locations; authorizing a joint election with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance. Attachments: Agenda Memo - Special Election Crime Control, Charter, and Type B Ordinance - Special Election Crime Control, Charter, and Type B 2nd rdg 24. 16-0913 Second Reading Ordinance - Calling for Special Election - Bond 2016 Proposition (1st Reading 8/9/16) Ordinance ordering a special election to be held on November 8, 2016, in the City of Corpus Christi, authorizing bond issuances of the City supported by ad valorem taxes; providing for the procedures for holding such an election; providing for notice of election and publication thereof; providing for the establishment of branch early polling places; designating polling place locations; authorizing a joint election with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance. Attachments: Agenda Memo - Bond 2016 Ordinance - Special Election Bond 2016 (single proposition) (004) Presentation - Alternative Bond 2016 Proposal REV O. FIRST READING ORDINANCES: (ITEMS 25 - 27) 25. 16-0769 First Reading Ordinance - Accepting the Texas Department of Health Services Community Preparedness Section -Laboratory Corpus Christi Page 10 Printed on 8/15/2016 City Council Meeting Agenda - Final August 16, 2016 Response Network Ebola Equipment (CPS/LRN-EBOLA) grant and ratifying acceptance of the grant agreement to begin June 10, 2016 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend and appropriate a grant contract for the Community Preparedness Section - Laboratory Response Network Ebola Equipment (CPS/LRN-EBOLA) grant in the amount of $200,000, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund, to purchase equipment to support accelerated local public health preparedness planning and operational readiness for responding to Ebola virus disease for the contract period June 10, 2016, through June 30, 2017; and ratifying acceptance of the grant agreement to begin June 10, 2016. Attachments: Agenda Memo - LRN Ebola Equipment Grant Ordinance - CPS LRN Ebola Grant Contract - CPS-LRN-EBOLA CPS-LRN Ebola Equipment 2016-004163-00 26. 16-0915 First Reading Ordinance - Approving the sale of Penn Place Park (4302 Aaron) Ordinance approving the sale of Penn Place Park (4302 Aaron) to Apostolic Assembly of the Faith in Christ Jesus for $100,000 and authorizing the City Manager to execute documents necessary to complete the real estate sales transaction. Attachments: Agenda Memo - Sale of Parkland - Penn Place Park Ordinance - Sale of Parkland - Penn Place Park Contract - Sale of Parkland - Penn Place Park TCC - Property Info - Penn Place - 123115 27. 16-0870 First Reading Ordinance - Ordinance authorizing the City Manager or designee to execute a license with the River View at Calallen, LP located at 11930 Leopard Street Ordinance authorizing the City Manager or designee to execute a License with River View at Calallen, LP ("Permittee") to install, operate, maintain, and remove a private two-inch sanitary sewer force main encased in six-inch Steel Pipe ("Wastewater Line") across the Leopard Street public street right-of-way, located west of Western Drive public right-of-way, subject to the Permittee' compliance with specified conditions. Attachments: Agenda Memo - River View at Calallen Ordinance - River View at Calallen - ALL Presentation - Riverview at Calallen Corpus Christi Page 11 Printed on 8/15/2016 City Council Meeting Agenda - Final August 16, 2016 P. FUTURE AGENDA ITEMS: (ITEMS 28 - 31) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 28. 16-0825 Engineering Construction contract for pavement markings Indefinite Delivery/Indefinite Quantity (IDIQ) Motion authorizing the City Manager or designee, to execute a construction contract with Highway Barricades and Services, LLC. of Corpus Christi, Texas in the amount of $173,250 for Pavement Markings Indefinite Delivery/Indefinite Quantity (IDIQ) for total base bid. Attachments: Agenda Memo Pavement Markings IDIQ Project Budget Pavement Markings IDIQ Location Map Pavement Markings IDIQ Presentation Pavement Markings IDIQ Form 1295 Highway Barricades 29. 16-0902 Engineering Contract Amendment No. 3 for Nueces Bay System Salinity and Freshwater Inflow Monitoring Motion authorizing the City Manager or designee to execute Amendment No. 3 to the monitoring services contract with the Conrad Blucher Institute at Texas A&M University -Corpus Christi in the amount of $97,835 for a total restated fee not to exceed $386,555 for the Nueces Bay System Salinity and Freshwater Inflow Monitoring 2016-2017. Attachments: Agenda Memo - Salinity & Freshwater Inflow Monitoring.docx Project Budget - Salinity & Freshwater Inflow Monitoring.xls Location Map - Salinity & Freshwater Inflow Monitoring.pdf Contract - Salinity & Freshwater Monitoring Presentation - Salinity & Freshwater Inflow Monitoring.pptx 30. 16-0903 Engineering Contract Amendment No. 6 for Nueces River Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring Motion authorizing the City Manager or designee to execute Amendment No. 6 to the monitoring services contract with the Conrad Blucher Institute at Texas A&M University -Corpus Christi in the amount of $121,022 for a total restated fee not to exceed $775,696 for the Nueces River Water Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring 2016-2017. Corpus Christi Page 12 Printed on 8/15/2016 City Council Meeting Agenda - Final August 16, 2016 Attachments: Agenda Memo - Water Quality Monitoring.docx Prosect Budget - Water Quality Monitoring.xls Location Map - Water Quality Monitoring.pdf Contract - Water Quality Monitoring Presentation - Water Quality Monitoring.pptx 31. 16-0893 Authorizing Collection Fee Contract for the collection of delinquent Municipal Court fees Motion to authorize the City Manager or designee to execute a contract for the collection of delinquent Municipal Court fees, fines and court costs with the law firm of Linebarger, Goggan, Blair, & Sampson, LLP for a fee of 30% of amounts collected on delinquent accounts turned over to law firm, with collection fee to be paid by defendants. This is a one-year contract and may be extended for up to three additional one-year terms. Attachments: Agenda - Collection of delinquent Munic Ct fees (1) Contract - Collection Services - Final (1) Form 1295 - Linebarger Goggan Blair Sampson LLP Q. BRIEFINGS: (ITEMS 32 - 33) Briefing information will be provided to the City Council during the Council meeting. Briefings are for Council information only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. 32. 16-0953 Remaining Budget Workshop Items 33. 16-0967 Street Improvement Plan Attachments: Agenda Memo - Street Improvement Plan (08-16-2016).docx Presentation - Street Improvement Plan 2016 R. ADJOURNMENT Corpus Christi Page 13 Printed on 8/15/2016 Corpus Christi Meeting Minutes City Council Workshop Session 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, August 9, 2016 9:00 AM City Council Chambers BUDGET WORKSHOP Public Notice - - ITEMS ON THIS AGENDA ARE FOR COUNCIL'S INFORMATIONAL PURPOSES ONLY. NO ACTION WILL BE TAKEN AND NO PUBLIC COMMENT WILL BE SOLICITED. THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. A. Mayor Nelda Martinez to call the meeting to order. Mayor Martinez called the meeting to order. B. Invocation to be given by Chaplain Lynne Blackler, CHRISTUS Spohn Health System. Chaplain Lynne Blackler gave the invocation. C. Pledge of Allegience to the Flag of the United States to be led by Gilbert Sanchez, Safety and Risk Manager. Safety and Risk Manager Gilbert 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 Margie C. Rose, City Attorney Miles K. Risley and City Secretary Rebecca Huerta. Present 8 - Mayor Nelda Martinez, Council Member Mark Scott, Council Member Carolyn Vaughn, Council Member Lillian Riojas, Council Member Brian Rosas, Council Member Chad Magill, Council Member Colleen McIntyre, and Council Member Rudy Garza Jr. Absent 1 - Council Member Lucy Rubio E. BRIEFINGS TO CITY COUNCIL: Corpus Christi Page 1 Printed on 8/12/2016 City Council Workshop Session Meeting Minutes August 9, 2016 1. Fiscal Year 2016-2017 Budget Workshop - General Fund and Internal Service Funds Mayor Martinez referred to Item 1. City Manager Margie C. Rose stated that the purpose of this item is to present the proposed FY2016-2017 Operating Budget. The Operating Budget consists of approximately $874.7 million, of which $230.7 million is the General Fund. The budget was prepared using the zero -based budgeting type process. Departments prepared their budgets based on services, cost, and full-time equivalents (FTE). Departments provided decision packages in the amount of approximately $9 million. Today's presentation will consist of two of the five major funds of the Operating Budget, the General and the Internal Service Funds. Each department will provide an overview of their departments. Interim Assistant Director of Management and Budget Christine Garza stated that the purpose of this item is to provide an overview of the General Fund. Ms. Garza presented the following information: the mission of the General Fund; the number of General Fund employees; the General Fund revenue resources; General Fund total expenditures; projected change in fund balance; and the recommended decision packages. Ms. Garza stated that each department will present the following information: mission statements; mission elements; key services with FTEs; efficiencies; and revenues and expenditures. Police Chief Mike Markle presented the budget information for the Police Department, Animal Care and Vector Services and the Code Enforcement Division. The Police Department's FY16 achieved efficiencies include: the consolidation of fleet and video camera system staff to Building 5 which eliminated rental costs and improved efficiencies for turn -around of units; moving overflow evidence property to a new location; and moving parking control from Wilson Plaza to La Retama Central Library. The FY17 planned efficiencies include: 125 additional body cameras; adding more automated ticket writers; electronic filing of criminal cases; increase in revenue through collection of 9-1-1 fees; and transfer of parking meters on North Beach back to the Police Department. The Animal Care and Vector Services' FY16 achieved efficiencies include: increasing the number of rescues from 30 to 142 and refining the mosquito management plan. The FY17 planned efficiencies include: decreasing the number of owner surrenders and maintaining a live release rate of 80%. The Code Enforcement Division's FY16 achieved efficiencies include: increasing the number of calls brought into voluntary compliance to exceed last year's totals and increasing the number of abatements. The FY17 planned achievements include: increase the number of abatements of problematic properties and increase the number of calls brought into voluntary compliance. Discussion topics related to Police, Animal Care, and Code Enforcement included: the reasoning for assigning a veterinarian tech versus hiring an additional veterinarian; plans to apply for the American Society for the Prevention of Cruelty to Animals (ASPCA) grant to transport animals in FY17; whether there are issues regarding limited food for Animal Care; an additional building for Animal Care to house more animals; the reliance of Animal Care on volunteers; the perception that volunteer hours are limited; unlimited volunteer hours through the Volunteers in Police Service (VIPS) program; and the live release rate. Corpus Christi Page 2 Printed on 8/12/2016 City Council Workshop Session Meeting Minutes August 9, 2016 Fire Chief Robert Rocha presented the budget for the Fire Department. The FY16 achieved efficiencies include: continued implementation of the recommendations made in the MGT of America, Inc. Efficiency Study 2013; starting the Fire Department Accreditation Process; Academy Class 38 near completion of Paramedic School; and implementation of Emergency Medical Dispatch (EMD). The FY17 planned efficiencies include: completion of Fire Station 18; Continuing through Year 2 of Accreditation Process; hiring Academy Class 39; and completion of the switch from analog to digital transmission of calls (Zetron upgrade). Discussion topics regarding the Fire Department's budget included: support for the Academy Class and estimated construction dates for Fire Station 18. Director of Solid Waste Lawrence Mikolajczyk presented the budget for Solid Waste. The FY16 achieved efficiencies include: increased refuse truck diversion to the J.C. Elliott Transfer Station; the public-private partnership with the Gulley -Hurst Landfill, increasing compaction rate; and achieved 100% compliance at all Texas Commission on Environment Quality (TCEQ) related sites, allowing focus on operations. The FY17 planned efficiencies include: to further optimize WM Logistics Routing software to streamline route efficiency; increase the DriveCam program monitoring and compliance to help reduce vehicle -related accidents and injuries; and utilize the expertise of top industry professionals in developing operational and financial strategies to keep pace with technologies and trends. Discussion topics regarding Solid Waste included: whether the change to the return to the general fund amount is due to a debt service payment; routing software and real-time technology; use of the Reverse Alert System to inform citizens of the location of Solid Waste pick-ups; and the glass recycling program. Interim Director of Parks and Recreation Stacie Talbert Anaya presented the Parks and Recreation budget. The FY16 achieved efficiencies include: implementation of Beach Operation's trash removal; the WellMed partnership at Zavala Senior Center; streamlining the Special Events permitting process; and disposition of park land per the Parks Master Plan. The FY17 planned efficiences include: a playground replacement program; moving to a palm tree trimming contract; a Latchkey staff incentive and retention program; and an Request for Proposal (RFP) for Senior Centers partnerships. Discussion topics regarding Parks and Recreation included: the loss of seven FTEs; the increase in payroll; potential revenue from the Meals -on -Wheels program; changes to the pool hours for more efficiency; the decision package for an interlocal agreement for the natatorium; additional RFP partnerships for senior centers; integration of Strike Team activities into daily operations; and the Parks Master Plan 2017. Director of Municipal Court Gilbert Hernandez presented the budget for Municipal Court Administration. The FY16 achieved efficiencies include: development of a formal training pogram for employees; development of a plan to contact customers with new warrants issued to improve the rate of warrant clearances; and development of an online payment process. The FY17 planned efficiencies include: streamlining issuance of warrants and preparing for judicial signatures; to improve inbound call -handling and answer 90% of calls Corpus Christi Page 3 Printed on 8/12/2016 City Council Workshop Session Meeting Minutes August 9, 2016 100% of the time; and to improve the community service program and provide workers for city departments and non-profit organizations. Discussion topics regarding Municipal Court Administration included: updating the City Council on the efficiency upgrades for FY17; an explanation of the juvenile case manager funds; the reason for the increase in personnel; and an explanation of the decrease in operating costs. Director of Libraries Laura Garcia presented the Library budget. The FY16 achieved efficiencies include: replacement previous vehicle with a fuel efficient Compressed Natural Gas (CNG) cargo delivery van; utilizing volunteers and senior work programs to supplement staff shortages; implementation of Radio Frequency Identification (RFID) efficiency project; and implementing new technologies to reduce waste of supplies. The FY17 planned efficiencies include: implementing technology to increase sharing of resources to reduce purchases for programming; research expanding work program partnerships; and continue the RFID efficiency project. A council member asked questions regarding the number of librarians and a breakdown of the number of visitors at the six libraries. Director of Public Health District Annette Rodriguez presented the Health Department budget. The FY16 achieved efficiencies include: restructuring of the Health District's operations into four operational divisions; development of a Health District grant tracking system; installation of and training for Vital Statistics staff on new payment processing system to process customer payments more expediently and securely; re -organization of the Environmental and Consumer Health Division files; and streamlining the food handlers training class from two hours down to one hour. The FY17 planned efficiences include: to develop a unified Community Health Services Clinic; create a centralized Health District patient intake and billing unit; and expand services to include Medicare and private insurance. Discussion topics for the Health District included: the deficit in the Mind, Education, Nutrition, Do It! (MEND) program for the transition year; whether there were any funds lost through the MEND program; the decision package for building security; and the grant for STEP increases for grant -funded employees. Interim Director of Human Resources Steven Viera presented the budget for Human Resources. The FY16 achieved efficiencies include: the new expedited recruitment cycle; consolidation of jobs; implementation of an electronic performance appraisal system; and complete transition to electronic Human Resources employee records. The FY17 efficiencies include: creating an in-house temporary employee program; creating new job descriptions to meet market desire; paperless employee out -processing; and implementation of Learning Management System (LMS). Discussion topics regarding Human Resources included: the recent significant changes in the department; cost effiiencies; creation of an in-house temporary employee program; and recruitment for engineering and public safety. Director of Financial Services Constance Sanchez presented the budget for Financial Services. The FY16 efficiencies included: closing the financial books Corpus Christi Page 4 Printed on 8/12/2016 City Council Workshop Session Meeting Minutes August 9, 2016 on a monthly basis; shortening the time to close the books at year end; and cleaning up the bank reconciling process by decreasing the number of reconciling items. The FY17 efficiencies include: implementation of reporting software to shorten the time needed to prepare the Comprehensive Annual Financial Report (CAFR); implementation of a specialized grant application package to enhance the financial management of grants and automate the payroll process by upgrading time -keeping software. Discussion topics regarding Financial Services included: procurement of CAFR software in the current fiscal year; on-going efforts to catch up on Texas Municipal Retirement System (TMRS) contributions; income projections for TMRS; and a discussion on employee step increases in relation to TMRS. City Attorney Miles K. Risley presented the budget for the Legal Department. City Attorney Risley reported on the FY16 achieved efficiences: improved training opportunities by providing the availablity of at least 50 hours/year of in-house training for attorneys; established litigation, labor -employment and construction dvisions that are comparable to City's largest law firms in training and skill; provided in-house legal services to the maximum extent that can be provided by legal generalists from within the local area; reduced lawsuits filed against the City by vigorously defending claims and lawsuits; analyzed the ability of software to reduce Public Information Act (PIA) staffing burden; and developed and documented policies and procedures to regularize and professionalize legal operations. There was a brief discussion on the operating revenue. Interim Budget Officer Reba George presented the budgets for General Government consisting of the following departments: Mayor's Office, City Secretary's Office, City Council, City Auditor, Municipal Court - Judicial, City Manager, Deputy City Manager, Assistant City Manager - Safety, Health & Neighborhoods, Intergovernmental Relations, Communications, Office of Management & Budget and Office of Strategic Management. Discussion topics regarding the General Government budgets included: the savings from the zero -based budgeting type process; the increase in proposed expenditures for City Council due to internal service allocations; staff time dedicated to the Mayor's 4th of July Big Bang Celebration; and that anticipated election costs are to be reflected in the schedule of adjustments in the budget. After the presentation on General Fund departments, there was a brief discussion regarding the finanical policy related to the $1 million transfer from the General Fund for streets. Interim Budget Officer Reba George presented the budgets in the Internal Services Fund, including the following information: the mission and mission elements; the departments in the Internal Service Fund; the number of internal service fund employees; revenue; total expenditures; and the projected change in fund balance. Ms. George stated that each department director will present the following information: mission statements; mission elements; key services with FTE; efficiencies; and revenues and expenditures. Director of Engineering Services Jeff Edmonds presented the Engineering Services budget. The FY16 achieved efficiencies include: a focus on reducing cycle times for key functions: invoice processing, change order processing, Corpus Christi Page 5 Printed on 8/12/2016 City Council Workshop Session Meeting Minutes August 9, 2016 F. ADJOURNMENT and small architectural/engineering (AE) contract execution. The FY17 planned efficiencies include: create and fill two new Assistant Director positions; and continue to streamline and standarize processes as part of the performance improvement plan. Interim Director of Facilities Maintenance Edgar Leonard presented the budget for Facilities Maintenance. The FY16 achieved efficiencies include: maximized force account by using outsourcing only for specialty services, emergenices, and for surge needs beyond the capacity and capability of force account; managed real estate and space needs with Microsoft Access or Excel in lieu of Tririga Space Management Application Program; and centralized P -Card validation. The FY17 planned efficiencies include: require a cost estimate for all procurements to determine that prices are fair and reasonable; maintain low -limit inventory on critical, long lead-time parts or components; and institute a comprehensive preventative maintenance program. Discussion regarding Facilities Maintenance included: an inventory of facilities not utilized and underutilized; disposing of properties; that there is a current excess of two Class 2 buildings; and reviewing the ability to co -locate various services during the needs assessment. Assistant Director of Finance Kim Baker presented the budget for the Purchasing Stores Fund. The FY16 achieved efficiencies include: created procurement and contract templates to increase the efficiency of purchases; reorganized staff into teams to better support department needs; created reports to monitor purchases citywide for better efficiency in buying and future cost savings; achieved getting warehouse roof repaired; changed the allocation method for warehouse sales to reduce costs to departments and encourage increased use of the warehouse; and revisions were made to the P -Card policy to reduce risk and losses. The FY17 Planned efficiencies include: development of more standard templates to streamline purchases; review co-op purchasing and train staff on usage of co-ops to decrease time to purchase; increase use of the warehouse to streamline purchasing efforts; improve education on purchasing and contract administration; implement a barcoding system at the warehouse; and create more consolidated contracts for economies of scale and increased efficiences to improve that process. The remaining portion of the Internal Services Fund and the Enterprise Fund, Special Revenue Funds and Debt Service Funds presentations will be provided at the next City Council Workshop on August 16, 2016. The meeting was adjourned at 11:12 a.m. Corpus Christi Page 6 Printed on 8/12/2016 Corpus Christi Meeting Minutes City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, August 9, 2016 11:30 AM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. A. Mayor Nelda Martinez to call the meeting to order. Mayor Martinez called the meeting to order. B. Invocation to be given by Reverend Gloria Lear, First United Methodist Church. Reverend Gloria Lear gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Roxana Stevens, Assistant City Attorney. Assistant City Attorney Roxana Stevens 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 Margie C. Rose, City Attorney Miles K. Risley, and City Secretary Rebecca Huerta. Present: 8 - Mayor Nelda Martinez,Council Member Rudy Garza,Council Member Michael Hunter,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Brian Rosas,Council Member Mark Scott, and Council Member Carolyn Vaughn Absent: 1 - Council Member Lucy Rubio E. Proclamations / Commendations 1. Proclamation declaring August 9, 2016, "Coastal Bend State Veterans Cemetery Memorial Service Detachment Day". Proclamation declaring August 8-12, 2016, "National Forensic Science Week". Goodwill Ambassador Recognition Presented to Coastal Bend State Veterans' Honor Guard. Corpus Christi Page 1 Printed on 8/12/2016 City Council Meeting Minutes August 9, 2016 Mayor Martinez presented the proclamations and Goodwill Ambassador Recognition to the Coastal Bend State Veterans' Honor Guard. 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. Libby Edwards, 15309 E. Chesapealle, provided an update on the topics discussed at the Island Strategic Action Committee's (ISAC) August meeting: approval of the draft ordinance regarding banning plastic bags and a discussion on a new bike and hike trail at Padre Balli Park. William Goldston, 13721 Tajamar, on behalf of the Corpus Christi Chapter of American Council of Engineering Companies, spoke in support of a $5 per month user fee in lieu of ad valorem taxes as a funding mechanism for residential street reconstruction. Jack Gordy, 4118 Bray, spoke regarding the enforcement of the City ordinance requiring address numbers to be visible on buildings. Lee Brame, 505 Cole Street, and Dorothy Spann, 505 Del Mar, spoke regarding the Corpus Christi Regional Transportation Authority (RTA) buses traveling down the residential streets near the Six Points area and asked the City Council to address this issue with the RTA. Claude Axel thanked the City Council for appointing Margie C. Rose City Manager. Betty Clark, 3033 Brawner Parkway, spoke regarding the charges on her water/wastewater bill. Erica Gerdes requested that the City provide more awareness to the homeless when water boil issues occur and make water accessible to the homeless in the community. Rachel O'Reilly, 925 Park, on behalf of For the Greater Good spoke regarding corporations profiting from the City's water supply and the ability to recycle plastic for money. Rolando Garza, 401 Staples, encouraged the City Council to leave the bond issues on the ballot for voters to consider. Rey Madrigal, 4253 Dody, requested a discount on water service in the month of December as a credit for unused water during the recent water boil. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. OTHER Mayor Martinez referred to City Manager's Comments. City Manager Margie C. Rose reported on the following topics: 1) City Manager Rose and Director of Municipal Court Gilbert Hernandez recognized several Municipal Court Clerks who recently received their Municipal Court Clerk Certification from the Texas Municipal Court Education Center. To be certified, clerks have to participate in several hours of training and must pass a three-part exam that can take four hours to complete. The training and certification is part of the continuous improvement process at Municipal Court. It is important for employees to stay current on court process, statute changes, and costs. 2) The Waldron Road Completion Celebration will be held on Friday, August 12, 2016 at 9:00 a.m. at the corner of Waldron Road Corpus Christi Page 2 Printed on 8/12/2016 City Council Meeting Minutes August 9, 2016 and Glenoak Drive. The $2.6 million reconstruction project from Glenoak Drive to Caribbean Drive, includes new sidewalks, ADA curbs and ramps, and underground utility improvements. 3) United Airlines will be bringing in new, larger planes to the Corpus Christi International Airport (CCIA). Nearly half of the United Airlines flights out of CCIA have been upgraded with the number of available seats increasing by 40% to 50% depending on the plane. This represents a gradual change from some of the smaller planes that average about 50 seats. CCIA encourages citizens to use these larger planes to increase demand and allow more options in the future. H. MINUTES: 2. Regular Meeting of July 26, 2016 Mayor Martinez referred to approval of the minutes. Council Member Garza made a motion to approve the minutes, seconded by Council Member Magill and passed unanimously. I. BOARD & COMMITTEE APPOINTMENTS: 3. Food Service Advisory Committee Planning Commission Mayor Martinez referred to board and committee appointments. The following appointments were made: Food Service Advisory Committee Council Member Magill made a motion to reappoint Patricia Polastri (Community At -Large), seconded by Council Member McIntyre and passed unanimously. Council Member Magill made a motion to appoint Ted Schroeder (Food Industry), seconded by Council Member McIntyre and passed unanimously. Planning Commission Council Member Scott made a motion to reinstate Carl Crull, seconded by Council Member McIntyre and passed unanimously. J. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 4 -15) Approval of the Consent Agenda Mayor Martinez referred to the Consent Agenda. There were no comments from the Council or the public. A motion was made by Council Member Magill, seconded by Council Member Garza, to approve the Consent Agenda. The consent agenda items were Corpus Christi Page 3 Printed on 8/12/2016 City Council Meeting Minutes August 9, 2016 approved by one vote as follows: 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 Absent: 1 - Council Member Rubio Abstained: 0 4. Resolution for the purchase of Body Worn Video Cameras for the Police Department Resolution authorizing the City Manager, or designee, to purchase body worn video cameras for the Police Department from Coban Technologies Inc., of Houston, Texas, for a total cost of $130,414.00, with funding available in the FY 2015-2016 Police Grants Fund. This Resolution was passed on the Consent Agenda. Enactment No: 030909 5. Purchase of 37 Ford Explorer Vehicles for the Police Department Motion approving the purchase of 37 Ford Explorer Vehicles from Caldwell Country Ford -Chevrolet, Caldwell, Texas for a total amount of $1,077,680.90. The award is based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative (TLGPC), dba BuyBoard. Funds have been budgeted by CC Crime Control and Fleet Maintenance Services in FY 2015-2016. This Motion was passed on the Consent Agenda. Enactment No: M2016-089 6. Renewal of state and federal external legislative consultant contracts 7. Motion authorizing the City Manager to execute 24 -month renewal agreements for governmental relation services with Focused Advocacy for state governmental relations services for $108,000 per year plus reasonable expenses and with Meyers & Associates for federal governmental relations services for $78,000 per year plus reasonable expenses. This Motion was passed on the Consent Agenda. Enactment No: M2016-090 Second Reading Ordinance - Rezoning property located located on the south side of Compton Road approximately 1,250 feet west of Waldron Road (1st Reading 7/26/16) Corpus Christi Page 4 Printed on 8/12/2016 City Council Meeting Minutes August 9, 2016 Case No. 0616-05 CCSemloh Partnership, Ltd.: A change of zoning from the "RE" Residential Estate District and "CG -1" General Commercial District to the "CG -2" General Commercial District. The property to be rezoned is described as Tract 1: Being 10.536 acres out of Lots 6 and 11, Section 48, Flour Bluff and Encinal Farm and Garden Tracts and Tract 2: Being 0.552 acres out of Lots 7 and 10, Section 48, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of Compton Road approximately 1,250 feet west of Waldron Road. Planning Commission and Staff Recommendation (June 29, 2016): Tract 1: Denial of the change of zoning from the "RE" Residential Estate District and "CG -1" General Commercial District to the "CG -2" General Commercial District, and in lieu thereof, approval of a "RE/SP" Residential Estate District with a Special Permit for a boat and recreational vehicle storage facility subject to compliance with the setbacks and buffering elements identified in the site plan and thirteen conditions. Tract 2: Approval of the rezoning from the "RE" Residential Estate District and "CG -1" General Commercial District to the "CG -2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by CCSemloh Partnership, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to 10.536 acres out of Lots 6 and 11, Section 48, Flour Bluff and Encinal Farm and Garden Tracts (Tract 1) from the "RE" Residential Estate District and "CG -1" General Commercial District to the "RE/SP" Residential Estate District with a Special Permit for a boat and recreational vehicle storage facility, and in reference to 0.552 acres out of Lots 7 and 10, Section 48, Flour Bluff and Encinal Farm and Garden Tracts (Tract 2) from the "RE" Residential Estate District and "CG -1" General Commercial District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030910 8. Second Reading Ordinance - Rezoning property located at 1322 Rhew Road (1st Reading 7/26/16) Case No. 0616-06 Isaias Franco: A change of zoning from the "R -MH" Manufactured Home District to the "IL/SP" Light Industrial District with a Special Permit on Tract 1 for a concrete batching plant and to the Corpus Christi Page 5 Printed on 8/12/2016 City Council Meeting Minutes August 9, 2016 9. "IL" Light Industrial District on Tract 2. Tract 1 is described as a 4.00 -acre tract and Tract 2 is described as a 25.003 -acre tract, both tracts being out of the Anthony C. Page Survey 591, Abstract 1010 and the A.M. French Survey 312, Abstract 1018. The subject property is located on the east side of Rhew Road between Leopard Street and Sedwick Road. Planning Commission and Staff Recommendation (June 29, 2016): Tract 1: Approval of the "IL/SP" Light Industrial District with a Special Permit subject to nine conditions. Tract 2: Approval of the "IL" Light Industrial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Isaias Franco ("Owner"), by changing the UDC Zoning Map in reference to Tract 1, described as a 4.00 -acre tract, to the "IL/SP" Light Industrial District with a Special Permit for a concrete batching plant, and in reference to Tract 2, described as a 25.003 -acre tract, to the "IL" Light Industrial District, both tracts being out of the Anthony C. Page Survey 591, Abstract 1010 and the A.M. French Survey 312, Abstract 1018; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030911 Second Reading Ordinance - Accepting a grant from KaBOOM! and a donation from Beautify Corpus Christi Association (BCCA) to build a playground and improve Dr. H. C. Dilworth Park (1st Reading 7/26/16) Ordinance authorizing the City Manager or designee to execute documents to apply for and accept park equipment estimated value of $300,000 from KaBOOM! for park improvements at Dr. H. C. Dillworth Park and to accept $8,500 in donated funds from Beautify Corpus Christi Association, and to appropriate said funds in the no. 4720 Community Enrichment Fund for the park improvements. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030912 10. Second Reading Ordinance - Amending City Code regarding Sister City Committee (1st Reading 7/26/16) Ordinance amending City Code of Ordinances regarding Sister City Committee and authorizing the City Manager or designee to execute a Corpus Christi Page 6 Printed on 8/12/2016 City Council Meeting Minutes August 9, 2016 11. 12. Memorandum of Agreement with the Corpus Christi Convention and Visitors Bureau regarding management of the committee This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030913 Second Reading Ordinance - Exemption from the Wastewater Acreage/Lot Fees for Nueces Garden No.2, Lot 49A located south of Leopard Street and west of Starlite Lane within Allison Service Area (1st Reading 7/26/16) Ordinance exempting Nueces Garden No.2, Lot 49A located south of Leopard Street and West of Starlite Lane, from the payment of wastewater lot and acreage fees pursuant to Section 8.5.2.G.1. of the Unified Development Code; requiring the owner/developer to comply with the specified conditions. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030914 Second Reading Ordinance - Approving agreement and appropriating funds to reimburse developer for the construction of a water distribution main located alongside Up River Road, south of Interstate Highway 37, east of McKenzie Road and north of Leopard Street. (1st Reading 7/26/16) Ordinance authorizing city manager or designee to execute a distribution main extension and construction and reimbursement agreement ("Agreement") with Vantage at Corpus Christi, LLC., ("Developer"), for the construction of a water distribution main line and appropriating $4,154.50 from the No. 4030 Water Distribution Main Trust Fund to reimburse the Developer in accordance with the Agreement. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030915 13. Second Reading Ordinance - Closing a utility easement located at 4000 S. Staples (1st Reading 7/26/16) Ordinance abandoning and vacating a 0.041 -Acre portion of an existing utility easement out of a part of Lots 7 and 8, Block 5 of Hamlin Place Unit 2 -Corpus Christi Subdivision, located at 4000 S. Staples and requiring the owner, American Electric Power (AEP) Texas Central Company, to comply with the specified conditions. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030916 Corpus Christi Page 7 Printed on 8/12/2016 City Council Meeting Minutes August 9, 2016 14. 15. Second Reading Ordinance - Authorizing a Participation Agreement for Bicycle Sharing Program with the Corpus Christi Downtown Management District (1st Reading 7/26/16) Ordinance authorizing the City Manager or designee to execute a participation agreement for Bicycle Sharing program with the Corpus Christi Downtown Management District for $90,000 over 3 years; and authorizing the City Manager or his designee to execute Licenses for Use of City Property to install bicycle racks for bicycle sharing service with Zagster, Inc (" Licensee") This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030917 Second Reading Ordinance - Appropriating estimated increased revenues related to Warehouse merchandise sold (1st Reading 7/26/16) Ordinance appropriating estimated increased revenues of $700,000 in the No. 5010 Stores Fund to cover projected increased expenses in the City's Warehouse related to the cost of Warehouse merchandise sold and amending the FY 2015-2016 operating budget adopted by Ordinance No. 030620 by increasing revenues and expenditures by $700,000 each. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030918 O. FIRST READING ORDINANCES: (ITEM 27) SPECIAL ELECTION ITEMS (RELATED ITEMS 27) 27. First Reading Ordinance - Ordering Special Election Replacing Type A Sales Tax to be administered by Type B Corporation; Continuing Crime Control and Prevention District; Consideration of Charter Amendments Ordinance ordering a special election to be held on November 8, 2016, in the City of Corpus Christi on the questions of: (1) replacing the portion of the Type A sales tax that expires in 2018 with the adoption of a one-eighth of one percent sales and use tax to be administered by a Type B Corporation under Chapter 505 of the Texas Local Government Code, to be effective for 20 years, with the use of the proceeds for economic development, affordable housing, and streets; (2) continuing the Corpus Christi Crime Control and Prevention District and associated sales tax for 10 years; and (3) providing for Corpus Christi Page 8 Printed on 8/12/2016 City Council Meeting Minutes August 9, 2016 consideration of amendments to the Charter of the City of Corpus Christi; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early polling places; designating polling place locations; authorizing a joint election with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance. Mayor Martinez deviated from the agenda and referred to Item 27, ordinance calling for a Special Election - Type B, Crime Control and Prevention District, and Charter Amendments. lain Vasey, President/CEO of the Corpus Christi Regional Economic Development Corporation (EDC), spoke on behalf of the EDC and requested that the proposition regarding the language to replace the Type A sales tax with Type B be amended to include the language "(maintaining current levels)" to provide clarity to the public that this is not an increase or decrease in taxes. City Attorney Miles K. Risley recommended the language to read "(maintaining current levels of sales and use tax)". Council Member Scott made a motion to amend the proposition as stated, seconded by Council Member McIntyre and passed unanimously. City Secretary Rebecca Huerta stated that purpose of this item is to order a special election on November 8, 2016 to submit to the voters the ballot propositions for the following measures: the Type B Corporation tax; continuation of the Corpus Christi Crime Control and Prevention District and associated sales tax for 10 years; and providing for consideration of amendments to the City Charter. Council members spoke regarding the following topics: the Charter amendment regarding the new tax for residential streets; inclusion of a sunset clause in the Charter amendment for residential streets; an alternative to fund residential streets that is a flat rate and an inclusive method that distributes the cost to residential street users versus an ad valorem tax; a request to engage in a discussion and investigate the possibility of a flat residential street reconstruction funding source; the methodology regarding how to spend funds to repair residential streets; the need for multiple revenue sources to address residential streets; consideration to remove Proposition 3, the new tax for residential streets; confidence in City staff to complete the work; discussion of a user fee in executive session; the matrix used in 2014 to fund the street preventative maintenance program; giving the option to the voters to decide; and the 3D (Discuss, Discover, and Decide) process to address residential streets. Mayor Martinez read the following executive session language: Executive Session pursuant to Section Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to taxation and the use of municipal funds for streets. L. EXECUTIVE SESSION: (ITEMS 16 - 17) Mayor Martinez deviated from the agenda and referred to the day's executive sessions. The Council went into executive session on Items 27, 16 and 17. Corpus Christi Page 9 Printed on 8/12/2016 City Council Meeting Minutes August 9, 2016 16. 17. Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining matters, (including litigation) between the City of Corpus Christi and the Corpus Christi Firefighters Association. This E -Session Item was discussed in executive session. Executive Session pursuant to Section Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the TxDOT Harbor Bridge Project and pursuant to Texas Government Code § 551.072 to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person, related to the TxDOT Harbor Bridge Project. This E -Session Item was discussed in executive session. O. FIRST READING ORDINANCES: (ITEM 27) SPECIAL ELECTION ITEMS (RELATED ITEMS 27) 27. First Reading Ordinance - Ordering Special Election Replacing Type A Sales Tax to be administered by Type B Corporation; Continuing Crime Control and Prevention District; Consideration of Charter Amendments Ordinance ordering a special election to be held on November 8, 2016, in the City of Corpus Christi on the questions of: (1) replacing the portion of the Type A sales tax that expires in 2018 with the adoption of a one-eighth of one percent sales and use tax to be administered by a Type B Corporation under Chapter 505 of the Texas Local Government Code, to be effective for 20 years, with the use of the proceeds for economic development, affordable housing, and streets; (2) continuing the Corpus Christi Crime Control and Prevention District and associated sales tax for 10 years; and (3) providing for consideration of amendments to the Charter of the City of Corpus Christi; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early polling places; designating polling place locations; authorizing a joint election with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance. The Council returned from executive session. Mayor Martinez returned to the discussion on Item 27, an ordinance calling for a Special Election for Type B, Crime Control and Prevention District, and Charter Amendments. Corpus Christi Page 10 Printed on 8/12/2016 City Council Meeting Minutes August 9, 2016 MOTION OF DIRECTION Council Member McIntyre made a motion directing the City Manager to bring back a recommendation for an increase to the Solid Waste fee to reimburse the residential street reconstruction fund for damage to residential streets to enable reconstruction, seconded by Council Member Scott. Discussion on the motion of direction included: concerns with utilizing the Solid Waste rate; a 2016 Bond option to address residential street reconstruction; the relationship between Solid Waste and the impact on residential streets; payment assistance exemptions on utility bills for low-income residents; and a request to bring back information on how funds would be spent, by next Council meeting. The motion of direction passed unanimously. Mayor Martinez called for comments from the public. John Stubblefield, 2101 Richland, spoke regarding recent street repairs made on a portion of Yorktown Boulevard from Rodd Field Road to Fred's Folley that are already coming apart and asked if subsurface work would be part of the rate considerations. Executive Director of Public Works Valerie Gray stated that this section of Yorktown Boulevard was done under the Street Preventative Maintenance program and staff is working with the contractor to address the issue. Council Member Garza made a motion to approve the ordinance as amended, seconded by Council Member McIntyre. This Ordinance was passed on first reading as amended 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 Absent: 1 - Council Member Rubio Abstained: 0 M. PUBLIC HEARINGS: (ITEMS 18 - 19) 18. Public Hearing and First Reading Ordinance - Rezoning property located at 2002 and 2020 Ramfield Road Case No. 0716-01 The Estate of Joan Wakefield Urban: A change of zoning from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "IL" Light Industrial District on Tract 1 and from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -22" Single -Family 22 District on Tract 2. Tract 1 is described as being 4.64 acres and Tract 2 being 23.59 acres with both tracts being out of Lots 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast corner of Roscher Road and Ramfield Road. Planning Commission and Staff Recommendation (July 13, 2016): Tract 1: Denial of the change of zoning from the "RS -6" Single -Family Corpus Christi Page 11 Printed on 8/12/2016 City Council Meeting Minutes August 9, 2016 6 District and "FR" Farm Rural District to the "IL" Light Industrial District and, in lieu thereof, approval of the "RS-22/SP" Single -Family 22 District with a Special Permit, and Tract 2: Approval of the change of zoning from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -22" Single -Family 22 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by The Estate of Joan Wakefield Urban ("Owner"), by changing the UDC Zoning Map from the "FR" Farm Rural District and the "RS -6" Single -Family 6 District to the "RS-22/SP" Single -Family 22 District with a Special Permit in reference to Tract 1 and to the "RS -22" Single -Family 22 District in reference to Tract 2, Tract 1 being 4.64 acres and Tract 2 being 23.59 acres with both tracts being out of Lots 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, 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 18. Interim Director of Development Services Daniel McGinn stated that the purpose of this item is to rezone the subject property to bring an existing kennel into compliance with the current zoning regulations on Tract 1 and allow for half -acre single-family residential lots on Tract 2. The property is located in the Navy's Air Installation Compatible Use Zone (AICUZ). Mr. McGinn stated that the Planning Commission and staff recommend on Tract 1: denial of the change of zoning to the "IL" Light Industrial District and, in lieu thereof, approval of the "RS-22/SP" Single -Family District with a Special Permit subject to five conditions. Mayor Martinez opened the public hearing. John Stubblefield, 2101 Richmond, and Cheryl Stubblefield, 2101 Richmond, spoke in opposition to the zoning change for the following reasons: residential estate zoning would be more comparable to the area; concern for the conservation of wildlife; and the existing kennel not being in compliance. Jim Urban, Executor for the subject property, stated that the rezoning request was made to support his mother's wishes to continue operation of the kennel and currently has no interest in developing Tract 2. Mayor Martinez closed the public hearing. Council Members spoke regarding the following topics: the distinction between Tracts 1 and 2; the applicant's desire to not develop Tract 2; the reasons for staff's recommendation to rezone Tract 2 at this time; allowable uses in the current zoning of "RS -6"; there being no access to City wastewater at this time; changing the zoning to be consistent with the Flour Bluff Area development and complying with the land use goals of the Joint Land Use Study (JLUS). Council Member McIntyre made a motion to approve the ordinance, seconded by Council Member Scott. This Ordinance was passed on first reading and approve with the following vote: Aye: 7 - Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rosas and Council Member Scott Corpus Christi Page 12 Printed on 8/12/2016 City Council Meeting Minutes August 9, 2016 Nay: 1 - Council Member Vaughn Absent: 1 - Council Member Rubio Abstained: 0 19. Public Hearing and First Reading Ordinance - Rezoning property located at 9525 Leopard Street Case No. 0716-02 Shaws Development Joint Venture: A change of zoning from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District. The property is described as being an 11.84 -acre tract of land out of Lots 1, 8 and 9, Artemus Roberts Subdivision, located on the west side of Rand Morgan Road between Goodnight Loving Trail and McNorton Road. Planning Commission and Staff Recommendation (July 13, 2016): Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Shaws Development Joint Venture ("Owner"), by changing the UDC Zoning Map in reference to an 11.84 -acre tract of land out of Lots 1, 8 and 9, Artemus Roberts Subdivision, from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 19. Interim Director of Development Services Daniel McGinn stated that the purpose of this item is to rezone the subject property to allow development of a single-family subdivision with small lot sizes consistent with the subdivision to the north of the property. 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 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: 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 Absent: 1 - Council Member Rubio Abstained: 0 N. REGULAR AGENDA: (ITEMS 20 - 21) Corpus Christi Page 13 Printed on 8/12/2016 City Council Meeting Minutes August 9, 2016 20. Setting the City Council Meeting Date to Adopt the Property Tax Rate Motion setting September 13, 2016 as the date of the adoption of the ad valorem tax rate of $0.606264 per $100 valuation. Mayor Martinez referred to Item 20. Director of Financial Services Constance Sanchez stated that Items 20 and 21 are the first in a series of agenda items in relation to setting the property tax rate for FY16-17. The truth -in taxation guide for setting the property tax rate outlines specific steps necessary to be in compliance with the Texas Constitution and the Tax Code. The proposed FY2017 budget includes a property tax rate of $0.606264 per $100 valuation, which is the same rate as the current fiscal year. The purpose of Item 20 is to set September 13, 2016 as the date of adoption of the ad valorem tax rate. The purpose of Item 21 is to set the public hearings on the ad valorem tax rate for August 23, 2016 and August 30, 2016. There were no comments from the Council or the public. Council Member Garza made a motion to approve the motion, seconded by Council Member Magill. This Motion 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 Absent: 1 - Council Member Rubio Abstained: 0 Enactment No: M2016-091 21. Scheduling Two Public Hearings Related to Fiscal Year 2016-2017 Property Tax Motion setting a public hearing on the ad valorem tax rate for August 23, 2016 and a second public hearing for August 30, 2016 during the City Council meeting beginning at 11:30 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. This Motion 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 Absent: 1 - Council Member Rubio Abstained: 0 Enactment No: M2016-092 O. FIRST READING ORDINANCES: (ITEMS 22 - 26 and 28) Corpus Christi Page 14 Printed on 8/12/2016 City Council Meeting Minutes August 9, 2016 22. First Reading Ordinance - Ratifying Acceptance of Emergency Management Performance Grant (EMPG) Ordinance ratifying acceptance of a grant from the Texas Department of Public Safety, Governor's Division of Emergency Management, in the amount of $70,159.20 for the Emergency Management Performance Grant (EMPG); and appropriating $70,159.20 from the Emergency Management Performance Grant Program in the no. 1063 Emergency Management Grants Fund to improve mitigation, preparedness, response, and recovery capabilities for the City of Corpus Christi. Mayor Martinez referred to Item 22. Fire Chief Robert Rocha stated that the purpose of this item is to accept and appropriate a grant from the Texas Department of Public Safety in the amount of $70,159.20 for the Emergency Management Performance Grant (EMPG) for emergency operations. 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 Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member Rubio Abstained: 0 23. First Reading Ordinance - Closing a portion of a utility easement located north of Williams Drive and west of Airline Road Ordinance abandoning and vacating a 0.060 acre portion of an existing 15 -foot wide utility easement out of a part of Lot H5, Wilkey Addition Unit 2 Corpus Christi Subdivision, located north of Williams Drive and west of Airline Road; and requiring the owner, Williams Airline Partners, Ltd. to comply with the specified conditions Mayor Martinez referred to Item 23. Assistant Director of Development Services Julio Dimas stated that the purpose of this item is to abandon and vacate a portion of an existing 15 -foot wide utility easement located north of Williams Drive and west of Airline Road. The owner is proposing to replat the property into two smaller lots. Staff recommends the owner pay no fair market value because the owner will be dedicating additional easements. 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: 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 Corpus Christi Page 15 Printed on 8/12/2016 City Council Meeting Minutes August 9, 2016 Absent: 1 - Council Member Rubio Abstained: 0 24. First Reading Ordinance - Advance Funding Agreement and contract for professional services for Padres Island Mobility and Access Management Study Ordinance appropriating $192,000 of anticipated revenues from the Texas Department of Transportation (TxDOT); authorizing the City manager or designee to execute an Advance Funding Agreement with TxDOT for an estimated local participation cost of $9,600; and execute a contract for professional services with Maldonado -Burkett Intelligent Transportation Systems, LLP (MBITS) in an amount not to exceed $239,643 for a mobility and access management study on Padre Island. (Bond 2014 Proposition 2) Mayor Martinez referred to Item 24. Director of Engineering Services Jeff Edmonds stated that the purpose of this item is to appropriate grant funding from the Corpus Christi Metropolitan Planning Organization (MPO) and Texas Department of Transportation (TxDOT); execute an Advance Funding Agreement with TxDOT; and execute a professional services agreement with Maldonado -Burkett Intelligent Transportation System, LLP for a mobility and access management study on Padre Island. There were no comments from the public. Council members spoke regarding the following topics: whether the study includes corridors at Commodores onto Park Road 22 and leaving Park Road 22 to State Highway 361 in both directions; straightening Encantada; the study encompassing the entire corridor; and the project being recommended by the Island Strategic Action Committee. Council Member McIntyre made a motion to approve the ordinance, seconded by Council Member Scott. This Ordinance was passed on first reading and approved by 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 Absent: 1 - Council Member Rubio Abstained: 0 25. First Reading Ordinance - Amending City Code to improve traffic circulation for Fannin Elementary School Ordinance amending the Code of Ordinances, Chapter 53, Article VIII, Section 53-250 Schedule I - One Way Streets and Alleys by altering the direction of one-way traffic on Alexander Street from west to east and removing the one-way designation from Devon Drive, from Gollihar Road to Alexander Street; providing for severance; and Corpus Christi Page 16 Printed on 8/12/2016 City Council Meeting Minutes August 9, 2016 providing for publication. Mayor Martinez referred to Item 25. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to amend the City's Code of Ordinances to improve traffic circulation during school zone hours of Fannin Elementary School by altering the direction of one-way traffic on Alexander Street from west to east and removing the one-way designation on Devon Drive, from Gollihar Road to Alexander Street. The Transportation Advisory Commission approved the proposed amendment at their June 27, 2016 meeting. There were no comments from the public. Council members spoke regarding the following topics: appreciation for the coordinated efforts between the City and Corpus Christi Independent School District to improve safety; and repainting of the crosswalks at Alexander Street and Devon Drive. 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: 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 Absent: 1 - Council Member Rubio Abstained: 0 SPECIAL ELECTION ITEMS (RELATED ITEMS 26 and 28) 26. First Reading Ordinance - Ordering General Election for Mayor and Eight Council Members - November 8, 2016 Ordinance ordering a general election to be held on November 8, 2016, in the City of Corpus Christi for the election of Mayor and Eight Council Members; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early polling places; designating polling place locations; authorizing a joint election with Nueces County, and a runoff election, if one is necessary; and enacting provisions incident and relating to the subject and purpose of this ordinance. Mayor Martinez referred to Item 26. City Secretary Rebecca Huerta stated that the purpose of this item is to allow for the general election to be held on November 8, 2016 to elect a mayor and eight council members; and to allow the City to enter into a joint election with Nueces County. The joint election agreement was not included in the packet. The agreement and cost estimates were received by Nueces County today and was provided to the City Council for review. The joint election agreement establishes that the City's portion of the cost of the election will be based on the number of registered voters. This is a different format from past elections where the cost was determined by the number of polling places and number of entities. The estimated amount for the general election cost estimate is approximately $150,000. If there is a need for a run-off election, that election date will be December 13, 2016. City Secretary Corpus Christi Page 17 Printed on 8/12/2016 City Council Meeting Minutes August 9, 2016 Huerta explained that the general election will potentially be conducted with county -wide polling places. Early voting for the general election will be held from October 24 — November 4, 2016. There were no comments from the pu blic. Council members spoke regarding the following topics: whether other entities that join the election will help lower the cost; in the case a runoff election, the City will probably pay for the entire cost; how the county -wide polling places would be determined for a runoff election; and the cost of the last runoff election. Council Member Magill made a motion to approve the ordinance, seconded by Council Member McIntyre. This Ordinance was passed on first reading and approve 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 Absent: 1 - Council Member Rubio Abstained: 0 28. First Reading Ordinance - Calling for Special Election - Bond 2016 Proposition Ordinance ordering a special election to be held on November 8, 2016, in the City of Corpus Christi, authorizing bond issuances of the City supported by ad valorem taxes; providing for the procedures for holding such an election; providing for notice of election and publication thereof; providing for the establishment of branch early polling places; designating polling place locations; authorizing a joint election with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance. Mayor Martinez referred to Item 28. City Secretary Rebecca Huerta stated that the purpose of this item is to approve an ordinance calling for a special election for the Bond 2016 proposition. On July 26, 2016 the city council made two motions of direction: 1) directing the City Manager to bring forward a series of bond continution projects presented in an amount of $30 million and 2) directing the City Manager to investigate the feasibility of adding Laguna Shores Road to the list of bond continuation projects. An ordinance was prepared by bond counsel with a single bond proposition for Council review based on the City Council's direction. Executive Director of Public Works Valerie Gray reiterated the motion of directions by the City Council regarding the bond continuation projects, including Laguna Shores Road, and stated that the total for the projects was $38,900,000. City Manager Margie Rose informed the City Council that since the last meeting, staff has learned that there is a state law that went into effect on January 1, 2016 which indicates that if the City has bond items on the ballot that are not approved by the voters, certificates of obligation cannot be utilized for three years on those projects. Ms. Gray stated that in light of this new information, staff proposes the Corpus Christi Page 18 Printed on 8/12/2016 City Council Meeting Minutes August 9, 2016 following Bond 2016 alternative for city council's consideration: Proposed Proposition 1: 1) TxDOT Participation & Mobility Improvements; 2) Traffic Signal & Intersection Infrastructure Improvements; 3) Traffic Signal Communications & Network Improvements; and 4) ADA Improvements, totaling $17,850,000. Proposed Proposition 2: 1) Developer Participation, totaling $2,500,000. The total proposed bond projects are $20,350,000. Staff recommends funding Rodd Field Road & Yorktown Boulevard Intersection Improvements, Six Points Intersection Improvements, and Street Lighting Improvements in the amount of $9,650,000 to be funded by the sale of Certificates of Obligation (CO) and plan to identify the Laguna Shores Road Improvements in the amount of $8,900,000 as a priority project for future Bond 2018. Council members spoke regarding the following topics: the importance of developer participation and concern with placing it on the ballot as a separate proposition; identifying Laguna Shores as a priority project for Bond 2018; timing of issuance of the of COs; improving the project description for developer participation to clarify that currently there is not a funding source; and consideration for a residential rebuild project in the amount of $16.1 million in Proposition 1. MOTION OF DIRECTION Council Magill made a motion directing the City Manager to bring back information next week on including a $16.1 million Residential Rebuild Program to the Alternative Bond 2016 proposal; information specifically on debt capacity and future debt capacity for 2018; and other pending bond projects in the works, seconded by Council Member Vaughn. Discussion topics on the motion of direction included: whether the bond language would include a list of specific streets; the 2014 Arlington, Texas residential rebuild program bond language; how eligible projects would be defined; debt capacity; prematurely supporting a residential rebuild program until the program has been vetted and the criteria for eligibility has been determined through the 3D (Discover, Discuss, and Decide) process; other pending bond projects in the works; and the number of arterials/collectors that have not been completed. The motion of direction was passed unanimously. Council members and staff continued discussion on Item 28: how streets are determined to be placed on a bond proposition; City Council not having the opportunity to have input on the projects for Bond 2016; street issues in the Ca!alien area that need repair; discussion during the City Council retreat on bond projects; the project description for Traffic Signal Communication & Network Improvements; the map of work detailing street work being completed throughout the City; whether there is a legal reason Developer Participation is listed as a separate proposition; street work for Districts 1, 2, and 3; improvements to the Capital Improvement Program by developing a matrix for decision making; the improvements needed for Everhart Road; and the challenges associated with Bond 2012. Council Member Magill made a motion to amend the Alternative Proposal recommended by staff to include Developer Participation in Proposition 1 and Corpus Christi Page 19 Printed on 8/12/2016 City Council Meeting Minutes August 9, 2016 have one proposition on the ballot, seconded by Council Member Garza and passed unanimously; Council Member Vaughn voting "No". There were no comments from the public. Council Member Magill made a motion to approve the ordinance as amended, 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 Hunter, Council Member Magill, Council Member McIntyre, Council Member Rosas and Council Member Scott Absent: 2 - Council Member Rubio and Council Member Vaughn Abstained: 0 P. FUTURE AGENDA ITEMS: (ITEMS 29 - 34) Mayor Martinez referred to Future Agenda Items. City Manager Rose stated that staff had planned presentations on Items 29, 33, and 34. 29. Amendment No. 1 to Master Services Agreement for Water and Wastewater Treatment On -Call Support project Motion authorizing the City Manager, or designee, to continue Water and Wastewater Treatment On -Call Support services by executing Amendment No. 1 to a Master Services Agreement (MSA) with LNV Inc. of Corpus Christi, Texas in the amount of $600,000, for a total restated fee not to exceed $635,000 for the Water and Wastewater Treatment On -Call Support project. The project provides for a one-year base contract and allows for two (2) optional one-year administrative renewals/extensions beyond the original one-year base contract, subject to availability of funding and satisfactory consultant performance. This Motion was recommended to the consent agenda. 30. Construction contract and materials testing contract for O. N. Stevens Water Treatment Plant High Service Pump Building No. 3 Motion authorizing the City Manager, or designee, to execute a construction contract with PLW Cadagua Partners of The Woodlands, Texas in the amount of $21,650,000 for the O.N. Stevens Water Treatment Plant High Service Pump Building No. 3 for the Base Bid plus Additive Alternates No. 1 through 4 and to execute a construction materials testing contract with Rock Engineering and Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $54,765 for the O.N. Stevens Water Treatment Plant High Service Pump Building No. 3. This Motion was recommended to the consent agenda. Corpus Christi Page 20 Printed on 8/12/2016 City Council Meeting Minutes August 9, 2016 31. Resolution authorizing the City Manager or designee to enter into outside city limit water contracts for properties in The Promenade Subdivision Resolution authorizing the City Manager or designee to enter into outside city limits water contracts with the property owners in The Promenade Subdivision to provide public water to their respective properties pursuant to Chapter 55, Article VIII, Code of Ordinances. This Resolution was recommended to the consent agenda. 32. Resolution authorizing the City Manager or designee to enter into outside city limit water contracts for properties in the Melvin Estates Unit 1 Subdivision Resolution authorizing the City Manager or designee to enter into outside city limits water contracts with the property owners in the Melvin Estates Unit 1 Subdivision to provide public water to their respective properties pursuant to Chapter 55, Article VIII, Code of Ordinances. This Resolution was recommended to the consent agenda. 33. Resolution approving a Homebuyer Assistance Program Agreement for Type A Affordable Housing Program Resolution approving an agreement in the amount of $221,000 between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi for the Type A Affordable Housing Program - Homebuyer Assistance Program and authorizing the City Manager or Designee to execute said agreement. This Resolution was recommended to the consent agenda. 34. Resolution to sponsor a policy resolution for the Texas Municipal League Resolutions Committee to support Defense Economic Adjustment Assistance Grant (DEAAG) program Resolution authorizing the City of Corpus Christi to sponsor a policy resolution for the Texas Municipal League Resolutions Committee recommending the 85th Texas Legislature appropriate $60 million for the Fiscal Years 2018-2019 biennium for the State of Texas to the Defense Economic Adjustment Assistance Grant (DEAAG) program. This Resolution was recommended to the consent agenda. Q. BRIEFINGS: (ITEM 35) Corpus Christi Page 21 Printed on 8/12/2016 City Council Meeting Minutes August 9, 2016 35. Cole and Ropes Park (CARP) Implementation Plan Update R. ADJOURNMENT Mayor Martinez referred to Item 35. Interim Director of Development Services Daniel McGinn stated that the purpose of this item is to provide an update on the Coles and Ropes Park (CARP) Implementation Plan to improve water quality within Corpus Christi Bay and the areas around Coles and Ropes Park. Luz Lumb, Chair of he CARP Coordination Committee, presented the following information: the members and support staff of the CARP Coordination Committee; the problem of enterococcus bacteria levels exceeding TCEQ water quality standards for recreation at Cole and Ropes Parks and results; the location of the problem; a site map of the drainage area of the Louisiana Parkway Watershed; the history of the total maximum daily load or TMDL Program for reducing bacteria and the implementation plan; the reason the implementation plan is important; how the implementation plan was developed; the total stakeholder hours invested; the implementation strategy's management measures and control activities; and projected target dates. Teresa Carrillo with the Center for Coastal Studies was available to respond to questions. Council members discussed the following topics: the investment from stakeholders; input from staff; the implementation plan and potential financial implications. MOTION OF DIRECTION Council Member Scott made a motion directing the City Manager to bring back a resolution of support for the Coles and Ropes Parks (CARP) Implementation Plan, seconded by Council Member McIntyre and passed unanimously. The meeting was adjourned at 6:35 p.m. Corpus Christi Page 22 Printed on 8/12/2016 City Of Corpus Christi BOARD OF ADJUSTMENT BOARD DETAILS SIZE 7 Seats TTERM LENGTH 2 Years OVERVIEW TERM LIMIT 6 Years The Board of Adjustment hears appeals for interpretations of the zoning ordinance; for special exceptions authorized by the zoning ordinance, subject to safeguards to protect the public interest; and for variances where, owing to special conditions, the literal enforcement of the provisions of the zoning ordinance results in unnecessary hardship, so that the spirit of the ordinance shall be observed and substantial justice done. An appeal may be made to District Court if dissatisfied with the decision of the Board. Written notice of public hearing on each appeal is sent to the applicant and owners within 200 feet 10 days before the hearing date. COMPOSITION Seven (7) members appointed by the City Council. The membership must include ■ two (2) alternates; be residents of the City. Only five (5) members may vote, and • ■� four (4) must concur to grant an appeal. ■ DETAILS CREATION / AUTHORITY City Zoning Ordinance 6106, as amended, and Texas Local Government Code 211.008. MEETS 4th Wednesday of every month at 1:30 p.m. and on call, City Hall, Council Chambers. TERM DETAILS Two-year terms. DEPARTMENT Development Services COMMITTEE/ SUBCOMMITEE N/A AGENDAS OTHER INFORMATION BOARD OF ADJUSTMENT Page 1 of 1 Board of Adjustment Members August 16, 2016 Seven (7) vacancies including five (5) regular members and two (2) alternate members with terms to 4-4-18. (NOTE: The board has a policy of requesting the appointment of an Alternate member to a regular voting position and the appointment of a new person to fill the Alternate position.) Name Board Name Status District Term End date Position Attendance Cliff Atnip BOARD OF ADJUSTMENT Seeking reappointment Shawn Karaca BOARD OF ADJUSTMENT Seeking reappointment District 5 Partial 4/4/2016 Alternate Member 78% 7/9 (2 exc.) John McMullan BOARD OF ADJUSTMENT Met the six-year term limitation District 5 3 4/4/2016 Member Burris McRee BOARD OF ADJUSTMENT Seeking reappointment District 5 Partial 4/4/2016 Member 89% 8/9 (1 exc.) Taylor Mauck BOARD OF ADJUSTMENT Seeking reappointment District 1 2 4/4/2016 Vice -Chair 78% 7/9 (1 exc.) Heriberto "Tony" Pineda BOARD OF ADJUSTMENT Met the six-year term limitation District 5 3 4/4/2016 Member Tim Voorkamp BOARD OF ADJUSTMENT Seeking reappointment District 5 Partial 4/4/2016 Alternate Member 89% 8/9 (1 exc.) District 4 2 4/4/2016 Chair 89% 8/9 (1 exc.) Work Phone Boards Applying For AiMI ■ Board of Adjustment Applicants August 16, 2016 Ryan P. Armstrong BOARD OF ADJUSTMENT District 5 Group One Real Estate 5302 Everhart Corpus Christi TX 361-991-9111 David Lee Walker BOARD OF ADJUSTMENT District 4 Self-Employed/Architect 6622 Sahara Drive Corpus Christi TX 361-854-4359 BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date:Aug 03, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Ryan P Armstrong Prefix First Name Middle Last Name Initial Email Address Which Boards would you like to apply for? BOARD OF ADJUSTMENT Street Address Suite orApt q= oft City State Postal Code District 5 What district do you live in? lmwmmn� Primary Phone Alternate Phone Group One Real Estate REALTOR Employer Job Title 5302 Everhart WorkAddress-StreetAddressand Suite Number Corpus Christi WorkAddress-City Texas WorkAddress-State 78411 WorkAddress-Zip Code Ryan P Armstrong Page 1 of 4 361-991-9111 Work armstrongregroup@gmail.com Work E-mail aduie, S Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: None Education, Professional and/or Community Activity (Present) Full Sail University(Masters Degree) Registered Voter? QQ Yes Q No Current resident of the city? QQ Yes Q No 3 If yes,how many years? Real Estate Resume.docx Upload a Resume Please upload any additional supporting documents Demographics Caucasian/Non-Hispanic Ethnicity Ryan P Armstrong Page 2 of 4 Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® IAgree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. ® IAgree Board-specific questions (if applicable) Ryan P Armstrong Page 3 of 4 Ryan Armstrong Objective Exceptional leader with distinguished credibility in sales and marketing operations for high-growth businesses. Proven generator with strong negotiation skills,problem solving abilities and tactical business solutions.Proficient in Microsoft Word, Excel,Outlook and CRM.Can work effectively with the utilization of training and resources.Ability to learn,understand and leverage services within the real estate industry.I am able to build and continually work relationships with passion and dedication. Core Competencies Business Development&Expansion Market Research and Positioning Executive Negotiations and Presentations Sales Team Training/Supervision Relationship Building Client/Partner Relations Account Management Margin/Sales Analysis Experience Group One Real Estate 05/15- Present REALTOR As a licensed Realtor,I provide strategic planning for my clients through market evaluations,negotiation tactics,problem solving abilities and the use of technology and social media.I market all across Corpus Christi and our surrounding areas.I believe no call should go unanswered and I pride myself in Customer Service! Bottom line,I work for YOU!With a mentality of quality of service over quantity of service,I will make sure that you get the necessary attention needed to close your transaction. Whether you are purchasing or selling a home or investment property,I can achieve any client's needs. Tex-Isle Supply 07/13- 04/2016 Production Coordinator • Schedule and coordinate flow of production orders at External Coating and Internal Coating plants to meet customer demands. • Work with corporate sales office to establish priorities for customer orders,and revise production schedule according to work order specifications,and availability of parts,raw materials,machines,and equipment. • Compile reports concerning progress of work and downtime to apprise Plant Manager and corporate sales division of production delays • Responsible for reviewing sales order releases with respect to capacity planning and material requirements • Establish,implement and measure key performance indicators such as material variance,overall equipment effectiveness,inventory turnover and truck turnaround time • Maintain and report on OPE metric(Overall Production Efficiency)that identifies the percentage of planned production tine that is productive. Open Vision Networks 10/08- 06/13 Sales Director of Entertainment/Media 0 Supervised sales policies,objectives and marketing with the hiring and training of personnel. • Carried out analyses of statistics to determine potential growth and performance goals. • Conducted target market research to reach a worldwide demographic to meet needs of all viewers and cultures. • Executed solutions directly with CEO for expansion with SAAS and the licensing of technology to further business within all industries. • Built team that generated quarterly objectives meeting demands in competitive market within low to high-level corporations. United States Army Reserve 04/08- 4/13 Transportation Management Coordinator • Mark,label cargo and freight shipments in accordance with regulatory requirements. • Document all inventory for freight,cargo and material shipments. • Perform system administrator duties such as installing software and uploading data to computer systems. • Prepare equipment,cargo and personnel for travel to airports, seaports and railways. • Request and coordinate transportation to meet a movement mission. BC Marketing Group 04/07- 04/08 Campaign Manager • Drafted and finalized presentations that attained accounts with major league sports teams throughout Southeast territories. • Obtained required approvals for product launches and ensured compliance to all deadlines for team members. • Supervised all inventory management activities and placed orders as per requirements by clients. • Analyzed activities throughout teams and territories for direct marketing campaigns and segments. Education Full Sail University 06/14-Present Degree:M.S.Entertainment Business Key Courses:Media Literacy&Research Methodologies-A+,Project&Team Management-A,Executive Leadership-B+. GPA: 3.6 2 Full Sail University 01110-5/12 Degree: B.S.Entertainment Business Key Courses:Artist Management-A+,Music Business Law and Contract Negotiations-A,Television Business-A. GPA: 3.38 Honors: Course Director Awards • Accounting • Business Law 1 2 BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date:Aug 08, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile David Lee Walker Prefix First Name Middle Last Name Initial Email Address Which Boards would you like to apply for? BOARD OF ADJUSTMENT Street Address Suite orApt q= oft City State Postal Code District 4 What district do you live in? lmwmmn� Primary Phone Alternate Phone Self Employed Arhitect Employer Job Title 6622 SAhara Drive WorkAddress-StreetAddressand Suite Number Corpus Christi WorkAddress-City Texas WorkAddress-State 78412 WorkAddress-Zip Code David Lee Walker Page 1 of 5 361-854-4359 david@davidlwalker.us Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. Education, Professional and/or Community Activity (Present) PROFESSIONAL LICENSES & REGISTRATIONS: Registered Architect 1978-present Texas Registration Number 6671 Licensed Real Estate Agent 1999-2001 Texas License Number 0459145 (expired) Registered Accessibility Specialist (RAS) 2002-2009 TX Dept. Licensing & Reg. RAS #0082 (expired) FORMAL EDUCATION: Master of Architecture (Specialty: Building Design); 1974 Texas A&M Univ. College Station, Texas Bachelor of Environmental Design 1971 Texas A&M Univ. College Station, Texas CONTINUING EDUCATION: Texas AccessibilityAcademy Graduate (ADA) 1999 Texas Dept. of Licensing & Regulation Continuing Education Requirements Annually Exceeds Requirements CERTIFICATIONS: Certified Building Inspector 1999 SBCCI#7478- ICC #5005089-B5 Certified Building Plan Examiner 2000 SBCCI#1504— ICC #5005089-B3 Independent Contract Provider 2000-2002 Texas Dept. Licensing & Reg. # 123 (expired) AFFILIATIONS Professional: Past Member, International Code Council (ICC), Past Member, Texas Registered Accessibility Specialist Association (TRASA), Past member, Corpus Christi Board of Realtors, Past Director& Past Treasurer Corpus Christi Chapter,American Institute of Architects, Texas Society of Architects &American Institute of Architects. Civic: (pro bono) Board President (2008-2013)V. Pres. (2013- 2014) Treas. (2014-present), of 1602 South Staples Housing, Inc. (non-profit owner: HUD 811 accessible housing project); Timmons Ministries;Architect for Allen (free) Dental Clinic (08-09); Member (05-09)V. Chair. (06-09), of Committee for Persons with Disabilities (Advisory to City Council, City of CC); Board President(04-2013), V. Pres. (2013-2014), Treas. (2014-present),Accessible Housing Resources Inc. (non- profit accessible housing management) ; Treas. (2014-present), Riley Gardens Inc. (non-profit HUD 811 accessible housing management) President (04-05) & Board of Directors (2001-present), Rotary Club of Southside Corpus Christi; Various Ad Hoc committees developing the UDC; Director, Pharaoh Valley Neighborhood Assoc.; Leadership Corpus Christi Class XXVIII; Corpus Christi Vision 2000; Board of Directors (2000-2003), South Texas Chapter March of Dimes; Past Director Optimist Club of Downtown Corpus Christi; Past Member, Free Enterprise sub- committee Corpus Christi Chamber of Commerce; Registered Voter? QQ Yes Q No David Lee Walker Page 2 of 5 Current resident of the city? QQ Yes Q No Since 1955 except for college & brief assignments elsewhere. If yes,how many years? 160413-CV Prof Histo! .docx Upload a Resume Please upload any additional supporting documents Demographics Caucasian/Non-Hispanic Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree David Lee Walker Page 3 of 5 Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® IAgree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. ® IAgree Board-specific questions (if applicable) David Lee Walker Page 4 of 5 Curriculum Vitae DAVID L. WALKER, ARCHITECT PROFESSIONAL LICENSES & REGISTRATIONS: Registered Architect 1978-present Texas Registration Number 6671 Licensed Real Estate Agent 1999-2001 Texas License Number 0459145 Registered Accessibility Specialist(RAS) 2002-2009 TX Dept. Licensing&Reg. RAS#0082 FORMAL EDUCATION: Master of Architecture(Specialty: Building Design); 1974 Texas A&M Univ. College Station,Texas Bachelor of Environmental Design 1971 Texas A&M Univ. College Station,Texas CONTINUING EDUCATION: Texas Accessibility Academy Graduate(ADA) 1999 Texas Dept.of Licensing&Regulation Continuing Education Requirements Annually Exceeds Requirements CERTIFICATIONS: Certified Building Inspector 1999 SBCCI #7478-ICC #5005089-135 Certified Building Plan Examiner 2000 SBCCI#1504—ICC#5005089-133 Independent Contract Provider 2000-2002 Texas Dept. Licensing&Reg.#123 AFFILIATIONS: Professional: Past Member, International Code Council(ICC), Past Member,Texas Registered Accessibility Specialist Association(TRASA), Past member,Corpus Christi Board of Realtors,Past Director&Past Treasurer Corpus Christi Chapter,American Institute of Architects,Texas Society of Architects&American Institute of Architects. Civic: Board President(2008-2013)V. Pres.(2013-2014)Treas.(2014-present), 1602 South Staples Housing,Inc.(non-profit owner: HUD 811 accessible housing project); Timmons Ministries;Architect for Allen(free) Dental Clinic(08-09); Member(05-09)V. Chair.(06-09), ji Committee for Persons with Disabilities(Advisory to City Council,City of CC); Board President(04-2013),V.Pres.(2013-2014), Treas.(2014-present),Accessible Housing Resources Inc.(non-profit accessible housing management); Treas. (2014-present), Rile; .,.,,rns Inc. (non-profit HUD 811 accessible housing management) President (04-05) & Board of Directors (2001-present), Rotary Club of Southside Corpus Christi;—Various Ad Hoc committees developing the UDC; Director, Pharaoh Valley Neighborhood Assoc.; Leadership Corpus Christi Class XXVIII; Corpus Christi Vision 2000; Board of Directors (2000-2003), South Texas Chapter March of Dimes; Past Director Optimist Club of Downtown Corpus Christi; Past Member,Free Enterprise sub-committee Corpus Christi Chamber of Commerce; PROFESSIONAL PRACTICE 1/09- Present DAVID L.WALKER,Architect,Accessibility Consultant, Corpus Christi,TX; Architect/Architectural Consultant 11/98-1/09 DAVID L.WALKER, Consulting Architect, Corpus Christi,TX; Architectural Consultant/Project Architect/R.A.S. 10/06—Present HW Design Group, LLC formed Member 07/98—11/98 3D International/U.S. General Services Administration, Corpus Christi TX; Interim Project Manager 01/96—07/98 CORPUS CHRISTI Independent School District, Corpus Christi,TX Staff Architect 02/94—01/96 DAVID L.WALKER, Consulting Architect, Corpus Christi,TX; Architectural Consultant/Project Architect (08/94-02/95) 3D International PMAC/DeCA Corpus Christi,TX; Technical Inspector 12/90—01/94 HOECHST CELANESE TECH. CENTER Corpus Christi,TX; Facilities Architect 12/90-02/94 through CDI-Stubbs Overbeck Corpus Christi,TX; Senior Architect 12/89-10/90 TEXAS DEPT. OF HEALTH, Region 8, Long Term Care Architect/Life Safety Code Surveyor 08/89—12/89 at U.S. DEPARTMENT OF ENERGY, Strategic Petroleum Reserve, Freeport,Texas (Salazar Construction Co. Inc.) Asst. Project Manager 05/88-08/89 CORPUS CHRISTI I.S.D.,Architectural Services On-site Inspector 02/88-12/88 DAVID L.WALKER ARCHITECT, Corpus Christi,Texas Owner/Architect 02/86-02/88 McCORD&LORENZ ARCHITECT-ENGINEER, Project Architect 06/78—02/85 DAVID L.WALKER,A.I.A.ARCHITECT, Corpus Christi,Texas Owner/Architect 1978-1985, DEL MAR COLLEGE, Corpus Christi,Texas Adjunct Instructor 1992-1994 Architectural&Drafting Technologies Dept. (Evening Classes) & 2001 1974-1975 BURTEX CONSTRUCTORS, Corpus Christi,Texas Expediter/Project Manager 1972-1973 IHC HOLLAND LETOURNEAU, Ingleside,Texas Engineering Assistant 1971-1972& Internships: With the following Architectural Firms in Corpus Christi,Texas 1975-1978 McCord&Lorenz,Architect&Engineer;John M. Olson&Assoc.; Christian Bright&Pennington. 1969-1970 U.S.ARMY CORPS OF ENGINEERS, Fort Worth,Texas Fallout Shelter Surveyor 4/13/2016 Professional History DAVID L. WALKER, ARCHITECT 6622 Sahara Drive,Corpus Christi,Texas 78412-3737 (361)854-4359 E-Mail david(@davidlwalker.us PROFESSIONAL LICENSES & REGISTRATIONS: Registered Architect 1978-present Texas Registration Number 6671 Licensed Real Estate Agent 1999-2001 Texas License Number 0459145 Registered Accessibility Specialist(RAS) 2002-2009 TX Dept. Licensing&Reg. RAS#0082 FORMAL EDUCATION: of Architecture(Specialty: Building Design); 1974 Texas A&M Univ. College Station,Texas Bachelor of Environmental Design 1971 Texas A&M Univ. College Station,Texas CONTINUING EDUCATION: Texas Accessibility Academy Graduate(ADA) 1999 Texas Dept.of Licensing&Regulation Continuing Education Requirements Annually Exceeds Requirements CERTIFICATIONS: Certified Building Inspector 1999 SBCCI #7478-ICC #5005089-135 Certified Building Plan Examiner 2000 SBCCI#1504-ICC#5005089-133 Independent Contract Provider 2000-2002 Texas Dept. Licensing&Reg.#123 OVERVIEW OF PROFESSIONAL EXPERIENCE: 11198-Present DAVID L.WALKER,Architect 1 Consulting Architect,Corpus Christi,TX Project Architect for various projects including: Numerous new and tenant finish-out projects(banks, churches, day care, mercantile, and offices) in shopping centers, low-rise and high-rise office buildings; Provided on-going consultation with design professionals assisting them in compliance with Texas Accessibility Standards (TAS). Independent Code Review(peer review) of various educational facilities, Consultant to the Regional Transit Authority and the City of Corpus Christi for ADA-related issues; provided Master planning and architectural services for Building Phases I, II, &III for Bible Believer's Baptist Church, Numerous projects for the Nueces County Community Action Agency; City of Corpus Christi,Alice I.S.D.; Maintenance projects for Celanese CC Tech Center; Community Development Block Grant projects for numerous Non- Profit Organizations, including: Corpus Christi Metro Ministries, Inc, Foundation to Rid Gangs in America, and EI Paraiso (HUD Sr. Cit.) Apartments; Remodeling of 401 South Water Street for Bay front Productions; Several Burger King restaurants; Custom Homes; 4,100 sf Guest Quarters for J.S. Pagan Ranch; Law Offices for M.P. O'Brien; Remodel Suite 200, 5151 Flynn Pkwy for Richard Milburn Academy, a charter school. 2002-2009 Registered Accessibility Specialist(RAS), Provide TAS (ADA) review and inspection services for public and private projects(formerly known as an Independent Contract Provider). 2006-Present Through HW Design Group, LLC: 2006, Aruba Resort Project Prelim., Natatorium Project Prelim; 2007, Tenant Finish Out Padre Professional Plaza, Red Barn Child Care, Multi-Purpose Res/Retail; 2008, Fishing Resort; 2009, Cameron Industrial Building, Us Ecology Office Remodel; 2010, Schlatter Residence, Thirsty's Bar; 2011, Aim Directional Building, Cotulla Worker Housing, Roy's Bait& Tackle Renovations; 2012, Orange Grove Baptist Church; 2014 Shrimp Mariculture Project assistance; Neighborhood Center for Venamex Development; 2015, Port Aransas Art Center, Additions to Grace Community Church, Sunflower Beach Condo Prelim. Conducted property condition assessments for over 100 buildings including 6 plants for the Wastewater Dept.and facilities of the Water Dept. of City of Corpus Christi; Created inter-dependent spreadsheets for the City of Corpus Christi which became the city standard evaluation program.Also property condition assessments for numerous buildings owned by Columbia Health Care System in Corpus Christi, Pasadena, and Alvin, TX as part of a nationwide facilities review coordinated by The Roupp Group, Inc(Chicago, Illinois). Architectural Consultant to: Regional Transit Authority (RTA), and numerous engineering firms for accessibility compliance; Seasoned Engineering Consultants (forensic engineers) and area law firms regarding architectural and accessibility- related matters. (approx. 5/1: plaintiff/defense). Architect of Record for projects by STC Constructors LLC; Provided comprehensive architectural services through STC Constructors, a Design-Build contractor for projects including:Addition to Navy Exchange, NAS Corpus Christi, Prime "I"Engine Shop, NAS Kingsville; Sawtooth Roof Replacement, Bldg 8(CCAD) NAS Corpus Christi,and others. 07198-11198 Interim Project Manager 3Dlnternational, San Antonio Office (5 Mo.) Implemented project start-up for on-site construction management services for U.S. General Services Administration (GSA)for the$25 Million U.S. Courthouse Corpus Christi. 3Dlnternational needed a qualified individual to begin the project while the Permanent Project Manager was completing a prior project. 01196-07198 Staff Architect,Corpus Christi Independent School District 4/13/2016 (2 Yr-6 Mo.) Administered the annual$3 million Capital Improvements program and portions of the$65 Million Bond Program(in five phases); Provided architectural/engineering support for school-generated projects; Provided oversight for the CCISD architectural/engineering department personnel&operations. Provided architectural/engineering support for maintenance department projects; Provided support on handicap compliance; Prepared agreements and documents related to architecture and engineering projects. Secured permits. Reorganized and maintained facilities archives,technical library and related equipment; Served as District liaison with consulting professionals, utility company representatives,and the general public in coordination and development of projects. 02194-01196 DAVID L.WALKER,Consulting Architect (1 Yr-11 Mo.) CONSULTATION SERVICES: Provided architectural and related consulting services to businesses, law firms, insurance carriers,engineering firms, and non-profit organizations. Analyzed failures of residential, commercial, institutional,and industrial buildings. Verified compliance with appropriate construction standards, regulations, (including ADA compliance)and building codes. Recommended methods for remediation. Clients included: Seasoned Engineering Consultants, Inc. (forensic engineers), Rimkus Consulting Group(forensic engineers): Stone Associates Engineers; Advocacy Inc. (both Corpus Christi and San Antonio,Texas);Texas Civil Rights Project,Austin,Texas; Mehaffy&Weber Attys.At Law, Houston&Beaumont,TX; Law Firm of Ken Dahlberg; Cage Wavell,Attorney at Law,and Dairy Queens of Corpus Christi. ARCHITECT. Providing comprehensive architectural design, and quality control services for various residential commercial and industrial projects. Projects include; Jason's Deli restaurant, Diaz Residence(Custom home of 4,400 s.f.) DeGussa Corp.,Aransas Pass; Charter Hospital;Aransas Autoplex Auto Dealership, (site planning, 12 acres); J.S. Pagan Ranch, George West, (Lodge&commercial kitchen annex). PROJECT MANAGEMENT. (06/94...02/95); for 3D International / PMAC / DeCA / Project Management Assistance Contractor / Defense Commissary Agency) Technical Inspector, (the Government's on-site representative) for a NEW COMMISSARY at Naval Air Station Corpus Christi. DUTIES: Verified General Contractors' (G.C.) compliance with the Contract Documents; Liaison for all correspondence between G.C. and Project Contracting Officer (PCO); Verified monthly applications for payment, Coordinated engineering inspections; Initialized "stop work" procedures, testing, special instructions; Facilitated interpretations, site meetings, technical reviews of proposed modifications, and quality control; Maintained files, records, daily diary, numerous progress reports and schedules. Prepared progress photographs; Reviewed shop drawings, and as-built documents; Facilitated the project close-out process, including distribution of 0& M manuals, coordinated training of User group personnel,and completing the"Transfer and Acceptance of Military Real Property;" 12190-02194 STUBBS OVERBECK&ASSOCIATES, Corpus Christi,Texas (3 Yr-2 Mo.) Contract provider of professional and technical personnel to industry; I was contracted to: HOECHST CELANESE Corpus Christi Technical Center(Chemical R&D) Facilities Architect; providing Architectural and Project Management services to the Departments of Engineering, Maintenance, and Office Services. The plant has over 350,000 sf. of offices, laboratories, and related buildings and up to 450 personnel. Duties consist of general project management coordinating consensus building among the various user-groups with regard to preliminary-to-final design,scheduling,construction,and occupancy. Engineering Dept. projects include: Main building fire zone studies and recommendations (130,000 sf. bldg.), renovations for compliance with Americans with Disabilities Act (ADA) requirements, remodeling to relocate 7 computer aided drafting offices, convert existing space to North Control Room (Amines Unit), remodel & expand plant 'Break' area & kitchen, ibuprofen cold storage building, ibuprofen pre-sieve bldg. 6,000 sf. metal (office) building, fiber optics and communications sub- station, site analysis&estimate for 15,000 sf. plant warehouse, credit union building, dispensary exam rm. Remodel, exit lights life cycle cost analysis and implementation. Maintenance Dept. Projects include; analysis of causes and proposed solutions for building maintenance concerns regarding leaks, hazardous conditions,energy efficiency, maintenance of finish materials,and implementations. Office Services Dept. Projects include study & install archives high-density (track mounted) storage, remodel Technical Information Center(library), remodel Site Director's Office,asbestos abatement,coordinated carpet installation for over 50 offices & 1,500 linear feet of corridor, plus numerous millwork, interior finishes, signage, hardware, flagpole and general building maintenance short projects. 12189-10190 TEXAS DEPARTMENT OF HEALTH, Region 8, Long Term Care Unit, Corpus Christi,Texas (11 Mo.) Architect/Life Safety Code Surveyor for 26 county region assuring compliance with National, State,and Local Codes, and State Licensing regulations. Surveys included on-site annual inspection and testing of fire alarm circuitry, sprinkler systems, compartmentation by fire zones,emergency electrical systems,and related life safety items for over 110 Nursing Homes, 30 MH- MR Group Homes, 5MH-MR State Schools. 08189-12189 at U.S.DEPARTMENT OF ENERGY, Strategic Petroleum Reserve, (5 Mo.) Freeport,Texas (Salazar Construction Co. Inc.) Asst. Project Manager, for project: Install Fire Safety Emergency Shut-down System. Duties included all normal on-site construction management activities, job scheduling, liaison between construction company and Boeing Petroleum Services (Base operator for DOE), non-contract materials procurement, field adjustment of payroll errors, preparation of monthly applications for payment, expedite contract materials delivery and payment management of personnel (Project Superintendent, Quality Control Office, Safety Officer,and Sub-contractors, Project Security Office, (Secret Clearance obtained during tenure) 05188-08189 CORPUS CHRISTI INDEPENDENT SCHOOL DRISTIRCT, Corpus Christi,Texas 4/13/2016 (1 Yr-4 Mo.) On-site Inspector; Supplemented the normal architectural quality control on the $3.7 million Carroll High School Remodel & Additions Project. Expedited the resolution of questions of conflicts,and represented the interest of CCISD at the job site. Architectural Services provided to the maintenance services department for numerous projects requiring professional assistance; including; Design and Project Management for the Miller High School Veterans Memorial; Miller High School Dining Court; Moody High School Science Lab Remodeling;and Site Planning, Dismantling,and Relocation of CCISD Ag barn. 02188-12188 DAVID L.WALKER ARCHITECT, Corpus Christi,Texas (10 Mo.) Owner/Architect • CCISD: Remodel office,Teachers' Lounge&Restrooms for Robert Wilson School for the Handicapped, • CCISD: Convert L.L. Shannon Campus to Special Education Center. • Provided Project Architect services under contract with Morgan Spear&Assoc.for preparing construction contract documents for 12-Acre UPS Regional Distribution Facility, Corpus Christi,TX. 02186-02188 McCORD&LORENZ ARCHITECT-ENGINEER, (2 Yr) Corpus Christi,Texas Project Architect - $4.6 Million Ray High School Improvements. Provided comprehensive architectural services from initial project analysis, design development, construction documents, bidding, construction administration, and project close-out. Phased construction with five bid packages; 1. Library and Restrooms, 2. New Classrooms & Performing Arts Buildings, 3. Remodel Existing Building Interior, 4. New Vocational Mechanical Building, and 5. Remodel Five Science Labs Including Plumbing and Lab Furnishings. 06178-02185 DAVID L.WALKER,A.I.A.ARCHITECT, Corpus Christi,Texas (6 Yr-9 Mo.) Owner/Architect: Projects include: Pagan-Lewis Lincoln- Mercury Dealership$1.5 Million. Matagorda Drilling and Exploration Remodeling Corporate Executive Offices ($800K), Four condominium designs, Four Shopping Center designs, Church Master Planning for Our Lady of Food Counsel, Kingsville with Sanctuary design and construction of CCD building. Over 100 other church, retail commercial, multi-family, and single-family designs for new and remodeled space. Also provided contract Architectural services for McCord & Lorenz Architect& Engineer for an Ohio Medical Products'Anesthesia Manufacturing and Bottling plant and served as Architectural Production Captain for Needham B. Smyth&Assoc. in their Joint Venture on a 4,000 bed prison;the$95 million Wallace Park Unit of the Texas Department of Corrections proposed near Navasota,Texas. 1978-1985& DEL MAR COLLEGE,Corpus Christi,Texas 1992-1994&2001 Architectural&Drafting Technologies Dept. (usually Evening Classes) Adjunct Instructor of accredited Architectural & related courses - Course taught: include Engineering Graphics; Descriptive Geometry; Architectural Drafting I, and II; Materials of Construction, Methods of Construction; Surveying; Technical Illustration; and Codes,Specifications;&Contract Documents. 1974-1975 BURTEX CONSTRUCTORS,Corpus Christi,Texas Expediter/Project Manager Project Include: Interceptor Sever 34-A. Corpus Christi,Texas: consisting of 114 mile of deep-trench piping,constructing new lift station,and 1 mile of force main. Kerrville Sanitary Sewer Improvements, Kerrville, Texas: consisting of laying eleven miles of sanitary sewer pipe (gravity and forced)and constructing four lift stations in Kerrville,Texas. 1972-1973 IHC HOLLAND LETCURNEAU, Ingleside,Texas Engineering Assistant - Prepared fabrication drawings to American Bureau of Shipping standards, extensive technical illustrations,and materials list for two sea-going self-contained drilling barges of 11,000 tons each. 1971-1972& Intern for the following Architectural Firms in Corpus Christi,Texas 1975-1978 McCord&Lorenz,Architect&Engineer,John M. Olson&Assoc. and Christian Bright&Pennington 1969 and 1970 U.S.ARMY CORPS OF ENGINEERS, Fort Worth,Texas Summers between semesters Fallout Shelter Surveyor Conducted field data collection in Texas,Arkansas, Oklahoma, and New Mexico for computer analysis of shelter protection capacity. Won U.S.Army Corps of Engineers performance Awards both summers. <<< REFERENCES AVAILABLE ON REQUEST>>> 4/13/2016 City Of Corpus Christi PARKS AND RECREATION ADVISORY COMMITTEE BOARD DETAILS SIZE 11 Seats The Parks and Recreation Advisory Committee shall advise the City Council TERM LENGTH 2 Years as to all City parks and the buildings OVERVIEW TERM LIM IT 6 Years therein, public outdoor recreation areas and centers and any other grounds placed under its purview by the City Manager. COMPOSITION Eleven(11) members appointed by the City Council,who are residents of the City and serve w ithout compensation for a tw o-year term beginning August 23,or until F-EI( their successor is appointed.The Board elects its Chairman. DETAILS CREATION 1 AUTHORITY Section 2-70,Code of Ordinances. Ord. No. 11046,8/23/72; 16511,9/2/81; 19831, 7/2/87;20294,5/3/88. MEETS 2nd Wednesday of every month,5:30 p.m.,City Hall,3rd Floor Conference Room. TERM DETAILS Two-year terms. DEPARTMENT Parks and Recreation Department COMMITTEEI SUBCOMMITEE N/A AGENDAS OTHER INFORMATION PARKS AND RECREATION ADVISORY COMMITTEE Page 1 of 1 Parks and Recreation Advisory Committee Members August 16,2016 Five(5)vacancies with terms to 8-23-19. Chris Anderson PARKS AND RECREATION ADVISORY COMMITTEE Seeking reinstatement District 2 1 8/23/2016 Vice-Chair 58% 7/12 Dotson Lewis,Jr. PARKS AND RECREATION ADVISORY COMMITTEE Seeking reappointment District 4 1 8/23/2016 Member 83% 10/12 Jerry Plemons PARKS AND RECREATION ADVISORY COMMITTEE Seeking reappointment District 5 1 8/23/2016 Member 83% 10/12 Huxley Smith PARKS AND RECREATION ADVISORY COMMITTEE Has met the six-year term limitation District 5 3 8/23/2016 Member Carlos Valdez,Sr. PARKS AND RECREATION ADVISORY COMMITTEE Seeking reinstatement District 2 2 8/23/2016 Member 67% 8/12 Ricardo Pedraza PARKS AND RECREATION ADVISORY COMMITTEE Active District 1 1 8/23/2017 Chair Alissa Mejia PARKS AND RECREATION ADVISORY COMMITTEE Active District 4 Partial 8/23/2017 Member Doug E.McBee Jr. PARKS AND RECREATION ADVISORY COMMITTEE Active District 4 1 8/23/2017 Member Kamlesh Bhikha PARKS AND RECREATION ADVISORY COMMITTEE Active District 1 1 8/23/2017 Member Robert A.Alvarez PARKS AND RECREATION ADVISORY COMMITTEE Active District 5 1 8/23/2017 Member Gary McCoig PARKS AND RECREATION ADVISORY COMMITTEE Active District 2 1 8/23/2017 Member Parks and Recreation Advisory Committee Applicants August 16,2016 Boards Applying For J Damla Eytemiz PARKS AND RECREATION ADVISORY COMMITTEE District 4 Driscoll's Children Hospital 3533 S.Alameda Corpus Christi TX Harry O.Hallows PARKS AND RECREATION ADVISORY COMMITTEE District 2 Hallows Realty Capital 617 Delaine Dr. Corpus Christi TX 361-332-2255 Amy H.McCoy PARKS AND RECREATION ADVISORY COMMITTEE District 4 Buccaneer Commission 1513 N.Chaparral Corpus Christi TX 361-882-3242 Victor M.Mendoza PARKS AND RECREATION ADVISORY COMMITTEE District 2 Self-Employed 5849 Crestwood Dr. Corpus Christi TX 361-290-4869 BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date:Aug 02, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Damla Eytemiz Prefix First Name Middle Last Name Initial Email Address Which Boards would you like to apply for? PARKS AND RECREATION ADVISORY COMMITTEE Street Address Suite orApt q= oft City State Postal Code District 4 What district do you live in? lmwmmn� Primary Phone Alternate Phone Employer Job Title WorkAddress-StreetAddressand Suite Number WorkAddress-City WorkAddress-State WorkAddress-Zip Code Damla Eytemiz Page 1 of 4 damla.eytemiz@dchstx.org Work E-mail address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Citizens Advisory Health Board Education, Professional and/or Community Activity (Present) Registered Voter? Q Yes QQ No Current resident of the city? QQ Yes Q No 4 If yes,how many years? Damla Eytemiz - Resume.pdf Upload a Resume Please upload any additional supporting documents Demographics Damla Eytemiz Page 2 of 4 Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® IAgree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. ® IAgree Board-specific questions (if applicable) Damla Eytemiz Page 3 of 4 Damla Eytemiz NOME EDUCATION Level Institution Dep-ree Achieved Date Undergraduate Izmir 9 Eylul University TESL 2008 Undergraduate Izmir University of Economics Interpretation&Translation 2009 Graduate Texas A&M University-Corpus Christi Masters in Business Administration 2009 Masters in Business Administration in Graduate Texas A&M University-Corpus Christi Healthcare Admin.Concentration ongoing EXPERIENCE Fulton Coastcon General Contractors Special Projects Manager 01/2013—09/2015 Development,production,follow through and implementation of special projects determined by the CEO Wrote contracts Prepared proposals Wrote a new safety manual for the company Wrote a new fleet program for the company Assisted in the development of the department's annual work plan Maintained operational efficiency within the company Ensured smooth processes to drive cross team collaborations Worked with teams to create key performance indicators Lead the planning and implementation of multiple major and medium projects Communicated with sub-contractors,suppliers and partners Cost and benefit financial analysis Tracked project deliverables using appropriate tools Yoginos Yoga for Youth Director of Marketing&Sales 07/2011—10/2014 Developing and implementing strategic marketing plans and sales plans Forecasting objectives for products and services Planning and overseeing advertising and promotion activities Managing effective control of marketing results Directing staffing,training and performance evaluations Analyzing and controlling expenditures Izmir University of Economics Dean's Office,Student Affairs 09/2005-06/2007 Assisting Dean on daily tasks Ambassador for the University Odak Translation&Teknik Translation Agency Translator 01/2005—current Working as a freelance translator Tesl International Education Center Teacher&Education Counselor 09/2007-09/2009 Teaching English&Turkish as a second language CERTIFICATIONS, DIPLOMAS, CERTIFICATIONS OF ACHIEVEMENT • Ricardo Soto,Department of the Treasury-Internal Revenue Service • OSHA 30hour Construction Industry Outreach Training • Volunteer Income Tax Assessment/Tax Counseling for the Elderly Certification • Four consecutive years-Certificate of Honor given by Izmir University of Economics Rector for the high performance in lessons • Certificate of Achievement for European Union and Turkey Relationship given by the Minister of Foreign Affairs • Eight consecutive years-Certificate of Achievement for Outstanding Performance in school KNOWLEDGE, SKILLS &ABILITIES • Time management, attention to detail, proactive problem-solving, follow-up and organizational skills necessary to manage multiple projects, prioritize workload, plan to meet deadlines and goals, and respond to daily functional needs. • Excellent interpersonal, written and oral communication skills necessary to cultivate collaborative relationships both internally and externally. • Ability to foresee and identify problems and find methods to develop effective and efficient solutions while working both independently and as part of a team. • Software skills,including use of Microsoft Office software and web-based applications • Familiar with tools for financial analysis, such as Balance Sheet and its relevance in order to plan and monitor a project budget. • Flexibility and a sense of humor • Turkish(native),English(advanced—bilingual proficiency)and German language ACTIVITIES City of Corpus Christi-Board Member of the Citizens Advisory Health Board 05/2015-present Driscoll Children's Hospital—Recording Secretary of the Auxiliary 05/2015-present Driscoll Children's Hospital—Gift Shop Volunteer 08/2014-present Driscoll Children's Hospital—Fiesta de los Ninos Committee Member 05/2014-present Habitat for Humanity- Volunteer 04/2014-present Associated General Contractors—Young Contractors Council—Professional Development Chairman 03/2014-present Texas A&M University of Corpus Christi—Alumni Organization Board Member 02/2014-present Texas A&M University of Corpus Christi—Alumni Finance Committee Member 02/2014-present U.S.Department of the Treasury—Volunteer Income Tax Assistant—Tax Counselor for the Elderly 04/2014-present Mission Fit Possible Organization—Public Relations Manager 05/2012-present Losev—Foundation of Children with Leukemia-Volunteer 09/2007—present Texas A&M University of Corpus Christi—President of Graduate Student Organization 02/2011-02/2012 Texas A&M University of Corpus Christi—Secretary of University Center Student Organization 02/2011-02/2012 REFERENCES Company Contact Position Phone Fulton Coastcon General Contractors Joe Fulton Chair Fulton Coastcon General Contractors Philip C. Skrobarczyk President&Owner — Fulton Coastcon General Contractors Ray Jones Project Manager Vice President for Driscoll Children's Hospital Martha Avery Development — Director of Volunteer Driscoll Children's Hospital Lizette Saenz,MS Services — Frost Bank Alan Wilson Market President — Shamim Badruddin-Mawji, Coastal Cardiology Association MD FACC Doctor — Srikanth Damaraju,MD Coastal Cardiology Association FACC Doctor Texas State Aquarium Tom Schmid President Swantner&Gordon-Higginbotham Robert Harris Insurance Agent — BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date:Aug 02, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Harry O. Hallows Prefix First Name Middle Last Name Initial Email Address Which Boards would you like to apply for? PARKS AND RECREATION ADVISORY COMMITTEE Street Address Suite orApt q= oft City State Postal Code District 2 What district do you live in? lmwmmn� Primary Phone Alternate Phone Hallows Realty Capital President Employer Job Title 617 Delaine Dr. WorkAddress-StreetAddressand Suite Number Corpus Christi WorkAddress-City Texas WorkAddress-State 78411 WorkAddress-Zip Code Harry O. Hallows Page 1 of 4 361-332-2255 Work Phone harry@stx.rr.com Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Ethics Commission 6 years this October terming out Education, Professional and/or Community Activity (Present) University of Houston Bachelors Degree, Real Estate Broker, Retired Certified Property Manager, Member of the Art Museum. Frequent Del Mar Events with my wife, Janet, who has taught English and ESOL there for 24 years. Frequent the Art Museum and local parks.As a commercial real estate lender and property manager I have done market studies in Dallas, Houston, San Antonio, Denver, Phoenix, Los Angelos,Atlanta, Macon, Jacksonville, Orlando, Tampa, St. Petersburg, Pensacola, and Ft. Walton Beach, in which I evaluated city's amenities and how they influenced property values. These studies made me acutely aware of the importance of public space and park and recreation facilities, and how they bear on a citys image for tourism and keeping and attracting good citizens and businesses. When evaluating Corpus Christi for a business relocation or start-up, a business will always consider the reaction of top talent to the prospect of living in the new location. The quality of public space is an important element. I have a unique perspective on that element due to the study of many cities over the span of my 40+years in real estate lending and property management. Registered Voter? QQ Yes Q No Current resident of the city? QQ Yes O No 7 years. If yes,how many years? Upload a Resume Harry O. Hallows Page 2 of 4 Please upload any additional supporting documents Demographics Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® IAgree Harry O. Hallows Page 3 of 4 Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. ® !Agree Board -specific questions (if applicable) Harry 0. Hallows Page 4 of 4 BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Aug 10, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Amy H McCoy Prefix First Name Middle Last Name Initial Email Address Which Boards would you like to apply for? PARKS AND RECREATION ADVISORY COMMITTEE Street Address Suite orApt 1011111111 City State Postal Code District 4 What district do you live in? 1111111111111.111111111 111•111.1•11111 Primary Phone Alternate Phone Buccaneer Commission Event Mana.er Employer 1513 N. Chaparral WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City TX WorkAddress - State 78401 WorkAddress- Zip Code Job Title Amy H McCoy Page 1 of 4 361-882-3242 amy©bucdays.com Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: I have served on the Mayor's 4th of July committee for 6 years. Education, Professional and/or Community Activity (Present) I am a user of the parks in Corpus Christi, both professionally and personally; an advocate for quality of life in our community, which I believe our parks program is an important part of; and have children in the latchkey program at CCISD schools. Please see the attached resume for more information. Registered Voter? QQYes 0 N Current resident of the city? QQYes No 20 If yes, how many years? ahm resume 2016.pdf Upload a Resume Plea upload any additional supporting documents Demographics Amy H McCoy Page 2 of 4 Caucasian/Non-Hispanic Female Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. Z IAgree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. Z !Agree Amy H McCoy Page 3 of 4 Board -specific questions (if applicable) Amy H McCoy Page 4 of 4 Education May 1991 May 1992 Amy Helen McCoy Bachelor of Arts, English - Trinity University San Antonio, Texas completed minor in Medieval Studies Professional Experience Nov. 2009 - Present Feb. 2007 - Oct. 2009 April 2004 - Feb. 2007 July 2005 - Feb. 2007 Event Manager Buccaneer Commission Corpus Christi, TX Responsibilities include oversight of event operations, logistics and budgets, coordination of volunteers and resources, liaison with city staff and vendors, development of scholarship programs, promote the Commission at civic meetings, i.e. Kiwanis club, facilitate events for Sail South Texas (2010) and the City of Corpus Christi Big Bang Celebration for 4th of July (2010 - 2016). Marketing Assistant Herndon Plant Oakley Ltd. Corpus Christi, TX Responsibilities included development and presentation of marketing materials, extensive research of prospective clients editing marketing publications and website development, production of reports for clients and portfolio managers and detailed data entry and tracking of client portfolios. Business Owner A Paper Moon, LLC Corpus Christi, Texas The company was developed to offer custom invitations and stationery and excellent customer service to Corpus Christi. The process involved consulting with clients and evaluating their needs, developing relationships with vendors to provide a variety of products and services, delivering products within specific time frames, and marketing, promoting and administering a small business. Representative Inscribe, Inc. Boston, Massachusetts This position required travel to industry trade shows in Los Angeles, Atlanta, and New York acting as a representative for Inscribe, Inc., a manufacturer of software and printing products, to promote their products and services. Aug. 2001 - March 2003 Sept. 2000 - Dec. 2001 Educational Assistant (Administration and Academics) First Presbyterian Preschool Corpus Christi, Texas Responsibilities included assisting in office administration, scheduling, payroll, and developing classroom activities in accordance with curriculum guidelines. Adjunct Instructor, English Department Del Mar College Corpus Christi, Texas I taught classes in written composition in the computer laboratory in the Writing Center. Curriculum included computer usage and internet literacy. The position required the preparation of lecture material and communicating information effectively to a diverse student population, including returning older adults and ESL students. Community Involvement Aug. 201 1 - Present May 2014 - May 2016 Aug. 2011 - June 2013 June 2007 - June 2012 June 2002 - May 2008 May 2004 - Aug. 2002 May 2006 - April 2004 Leadership Corpus Christi Class XLVI Corpus Christi Education Foundation • Executive Board - Programs Chair W.B. Ray High School Basketball Booster Club • Vice -President W.B. Ray High School Baseball Booster Club • President National Little League Board • Team Photographs Chair • Uniform Chair Junior League of Corpus Christi, Inc. • Cookbook Committee, Chairman • Placement Advisor (elected position) • Bayfest Drinks Chairman • Nominating Committee (elected position) Windsor Park Elementary PTA • President Corpus Christi Police Athletic League • Founding Board Member BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jun 01, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Victor M. Prefix First Name Middle Initial Email Address Mendoza Last Name Which Boards would you like to apply for? CITIZENS ADVISORY HEALTH BOARD, COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE, ETHICS COMMISSION, PARKS AND RECREATION ADVISORY COMMITTEE Street Address City District 2 What district do you live in? Primary Phone Suit, Alternate Phone self employed computer service Employer Job Title 5849 crestwood dr WorkAddress- Street Address and Suite Number corpus christi WorkAddress - City texas WorkAddress - State 78415 WorkAddress- Zip Code Victor M. Mendoza Page 1 of 4 3612904869 veteranafmp@gmail.com Work E-mail address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: no Education, Professional and/or Community Activity (Present) I currently go to Del mar college for computer science i volunteer beach clean up every weekend on my own Registered Voter? QYes No Current resident of the city? Q Yes Q No 27 If yes, how many years? resume.txt Upload a Resume Plea upload any additional supporting documents Demographics Hispanic Victor M. Mendoza Page 2 of 4 Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. Z IAgree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. Z !Agree Board -specific questions (if applicable) Victor M. Mendoza Page 3 of 4 victor m mendoza Avai a i ity:Jo Type: Permanent, Temporary, Term, Detail, Internships Work Schedule: Full -Time, Part -Time, Shift Work, Intermittent, Job Sharing Desired locations:United States - TX - Corpus ChristiUnited States - TX - AustinUnited States - TX - Austin CountyUnited States - HI United States - GU United States - WY United States - VI United States - NY United States - IN United States - FL United States - CA United States - AZ Work Experience: Naval Facilities Engineering Command Ocean Dr, Corpus Christi, TX 78418 Corpus Christi, TX 78418 United States 10/2014 - Present Salary: 21.73 USD Per Hour Hours per week: 40 Series: 4749 Pay Plan: WG Grade: wg-7 MAINTENANCE WORKER (This is a federal job) Duties, Accomplishments and Related Skills: Performing necessary preparatory work prior to floor finishing by stripping old finish, cleaning, scraping, filling holes, and sanding. Mixing stains, sealers, and/or wood filler materials according to guidance from higher graded Painter or strict adherence to manufacturer's instructions. Using common tools and equipment associated with painting (paintbrushes, rollers, scrapers, spray guns, wire brushes, putty knives, and sandpaper). Preparing surfaces for painting by sanding, scraping, shipping, or wire brushing to gain adhesion.Plumbing. Knowledge of the installation and operation of various supply, disposal, and utility systems and equipment, such as water and gas systems fire sprinkler equipment, and water closets. Carpentry. Knowledge of wood and wood substitute materials and construction techniques; skill in construction techniques and operation of general and precision carpentry and woodworking equipment to produce the requested finished product. Ability to interpret complex instructions, sketches, blueprints, and building codes. Electrical. Ability to install and operate electrical fixtures, wiring, and controls and read and follow wiring diagrams. Skill in removing and replacing electrical fixtures and controls; making repairs; rearranging old or installing new outlets, relays, switches, and light fixtures; testing circuits; measuring, cutting, and bending wire and conduit to specified lengths and angles. Knowledge of mechanical theory and pneumatic and hydraulic principles to repair electro- mechanical devices. Painting. Skill in accepted surface preparation and coating methods and techniques; matching, tinting, toning, blending and applying coating materials and agents. Ability to read and apply directions to mix, use and apply various materials, solvents, and precoating agents. Plastering. Knowledge and skill in a variety of plastering methods and techniques, including construction and application of molded plaster cornices, plaster panels, and trim. Pipefitting. Knowledge and ability to install and operate various high-pressure piping systems and equipment. Air Conditioning. Knowledge of the principles and theories of the refrigeration cycle, temperature measurement, refrigerant properties. Skill in constructing, operating, and servicing a variety of domestic air conditioning units and systems, power sources, and cooling units. Heating. Knowledge of combustion, heat transfer and circulation principles; fuel characteristics; heating surfaces, combustion chambers; basic pipefitting techniques and rigging setups; pneumatics, electricity, and basic electronics. Familiarity with the construction and operation of heating systems. Skill in determining condition of system parts and components; installing, aligning, adjusting, and repairing oil, gas, and coal burners, heating boiler components, and other burning mechanisms; performing routine maintenance. Supervisor: anthony ( Okay to contact this Supervisor: Yes corpus christi army depot rotar head shop corpus christi, TX United States 06/2011 - 01/2012 Hours per week: 40 Series: 0001 Pay Plan: WG aircraft overhaul trades helper (This is a federal job) Duties, Accomplishments and Related Skills Work involves over thirty-five different configurations of rotor control components and over ten different configurations of rotor heads for Air Force, Navy and Army. Assembles complete helicopter rotor heads or rotor controls and related components. Performs final assembly of the entire end item, assembles subassemblies and components, or performs designated assembly by station on an assembly line. Incorporates authorized modifications and completes adjustments and alignments to assure compliance with prescribed specifications for balance, fits, torque, pressure and/or stretch. Checks parts and items to be used prior to assembly to determine proper identify and assure serviceability. Reviews and researches historical record on finite life items and scraps those with high time. Prepares request for technical engineering call (TEC) for engineering deviation when appropriate. Certifies completion of work requirements on work documents, records any required measurement data, and completes required entries on historical documents. Troubleshoots and repairs malfunctioning items on the assembly line or flight line. Disassembles items designated for minor repair. Determines repair needed. Performs minor rework on parts or replaces parts required to restore item to serviceability. If extensive damage is discovered after disassembly takes appropriate action to assure proper authorization before additional work is accomplished.Requires a through knowledge of helicopter rotor heads or rotor controls and related components. Must be able to perform skilled assembly and alignments to achieve critical tolerances, measurements, and balance. Ability to use measuring instruments such as micrometers, calipers, dial indicator, gauges, and torque wrenches. Requires ability to use reference material to obtain information to complete assembly and repair processes properly and to assure compliance with specifications. Must be able to diagnose problems on components installed on the aircraft and in completing assembly. Ability to select and use proper hand and power tools, equipment, special tools and machinery,Receives work assignments from supervisor or work leader in the form of work orders, quality inspection reports, and verbal instructions. Employee determines proper work sequence, selects tool, equipment and parts, and completes required assembly, alignment, balance and/or repair to produce a serviceable end item. Technical information is available in technical orders and manual manufacturer specification, factory -engineering bulletins, and shop travelers. Verifies work of and provides guidance to lower grade mechanics and military. Assists quality inspectors, engineers, etc. in special investigations, studies, and audits. The supervisor or work leader is available for assistance with unusual problems. Completed work is subject to quality inspection and spot check by supervisor to assure compliance with Supervisor: cavan cardeaz Okay to contact this Supervisor: Yes Corpus Christi Army Depot {ccad} Address. 11001 D Street Suite 101 Corpus Christi, TX 78419 Corpus Christi, TX 78412 United States 06/2008 - 06/2009 Salary: 19.00 USD Per Hour Hours per week: 40 Series: 0249 Pay Plan: WG Grade: wg-5 Metal Spray Helper (This is a federal job) Duties, Accomplishments and Related Skills: Duties: Prepares parts for metal spraying or grinding. Visually examines items to be coated, assuring items are generally free from oil, dirt, oxides, corrosion, dust or any foreign substance. Treat metal area exposed during reworking. Assembles parts and components into sub -assemblies incorporating required modifications. Masks surfaces which should be protected from metal spray.I was responsible for determining if the item can be reworked and complete routing document for work needed by other shops. Operates degrease and air blasting equipment to clean and free surfaces of paint, scale, grease, rust, dirt and carbon deposits. Cleans parts in degreaser vats and blasts parts with specified grit. Assists higher graded personnel in applying metal spray process to those items to be sprayed. Maintains cleaning equipment used in cleaning parts. Cleans and recharges machine with specified cleaning compounds; fills spray equipment with pre -mixed materials. Performs other duties as assigned. Completes minor rework of compressor to restore serviceability such as buffing polishing or grinding surfaces to smooth out pits and scratches , bead blasting , shot peening also using proper fixtures for safety measures. loaned out to paint shop in same building in order to lighten up the overtime .i work well with others,once taught the proper method by Robert Casarez the supervisor in the paint shop i needed little to no supervision. quick learner,I work great under pressure and i have a knowledge of rotor heads or rotor controls. I gained skills particular for the paint shop such as micrometers, calipers dial indicators, techniques to perform surface preparation and coating. invaluable experience with tools, equipment, and/or materials for cleaning, taping brushing, scraping and sealing surfaces such as engines, transmissions, rotor head structures/components, and sheet metal also with preparation and painting all types of surfaces using spray guns, brushes, and rollers Prep surfaces with the accepted methods and techniques, to ensure the required smoothness, level,shape requirements tint tone.i also learned about various agents (for example, retardants, drying agents), and combine coating mixtures to get the proper color, texture, consistency, and drying state.also am more than capable of standing bending walking stooping or sitting for long intervals Supervisor: richard garcia Okay to contact this Supervisor: Yes ccad Address. 11001 D Street Suite 101 Corpus Christi, TX 78419 Corpus Christi, TX 78412 United States 01/2008 - 01/2009 Salary: 19.00 USD Per Hour Hours per week: 30 Painter Helper Duties, Accomplishments and Related Skills: loaned out to paint shop in same building in order to lighten up the overtime .i work well with others,supervised by Robert Casarez in the paint shop i needed little to no supervision. quick learner,I work great under pressure and i have a knowledge of rotor heads or rotor controls. I gained skills particular for the paint shop such as micrometers, calipers dial indicators, techniques to perform surface preparation and coating. invaluable experience with tools, equipment, and/or materials for cleaning, taping brushing, scraping and sealing surfaces such as engines, transmissions, rotor head structures/components, and sheet metal also with preparation and painting all types of surfaces using spray guns, brushes, and rollers Prep surfaces with the accepted methods and techniques, to ensure the required smoothness, level,shape requirements tint tone.i also learned about various agents (for example, retardants, drying agents), and combine coating mixtures to get the proper color, texture, consistency, and drying state.also am more than capable of standing bending walking stooping or sitting for long intervals Supervisor: robert casarez Okay to contact this Supervisor: Yes A&B Home improvment and discount cabinets Corpus Christi, TX United States 03/2007 - 03/2008 Salary: 8.00 USD Per Hour Hours per week: 40 General Laborer Duties, Accomplishments and Related Skills: Place, consolidate, and protect case -in-place concrete or masonry structures. Position, join, align, and seal structural components, such as concrete wall sections and pipes. Shovel cement and other materials into portable cement mixers; and mix, pour, and spread concrete. Signal equipment operators to facilitate alignment, movement, and adjustment of machinery, equipment, and materials. Smooth and finish freshly poured cement or concrete, using floats, trowels, screeds, or powered cement finishing tools. Spray materials such as water, sand, steam, vinyl, paint, or stucco through hoses to clean, coat, or seal surfaces. Tend machines that pump concrete, grout, cement, sand, plaster or stucco through spray -guns for application to ceilings and walls. Tend pumps, compressors, and generators to provide power for tools, machinery, and equipment, or to heat and move materials such as asphalt. Lubricate, clean, and repair machinery, equipment, and tools. Operate, read, and maintain air monitoring and other sampling devices in confined and/or hazardous environments. Apply caulking compounds by hand or using caulking guns. Build and position forms for pouring concrete, and dismantle forms after use, using saws, hammers, nails, or bolts. Clean and prepare construction sites to eliminate possible hazards. Control traffic passing near, in, and around work zones. Dig ditches or trenches, backfill excavations, and compact and level earth to grade specifications, using picks, shovels, pneumatic tampers, and rakes. Erect and disassemble scaffolding, shoring, braces, traffic barricades, ramps, and other temporary structures. Grind, scrape, sand, or polish surfaces such as concrete, marble, terrazzo, or wood flooring, using abrasive tools or machines. Install sewer, water, and storm drain pipes, using pipe -laying machinery and laser guidance equipment. Load, unload, and identify building materials, machinery, and tools, and distribute them to the appropriate locations, according to project plans and specifications. Measure, mark, and record openings and distances to lay out areas where construction work will be performed. Mix ingredients to create compounds for covering or cleaning surfaces. Provide assistance to craft workers, such as carpenters, plasterers, and electricians Raze buildings and salvage useful materials. Read and interpret plans, instructions, and specifications to determine work activities. Use computers and other input devices to control robotic pipe cutters and cleaners. Identify, pack, and transport hazardous and/or radioactive materials. Supervisor: Juan villarreal Okay to contact this Supervisor: Yes United States Airforce global, TX United States 02/2004 - 05/2006 Salary: 1,500.00 USD Bi -weekly Hours per week: 40 Military Police Duties, Accomplishments and Related Skills: Leads, manages, supervises, and performs force protection duties, including use of deadly force to protect personnel and resources. Protects nuclear and conventional weapons systems and other resources. Performs air base defense functions contributing to the force protection mission. Controls and secures terrain inside and outside military installations. Defends personnel, equipment, and resources from hostile forces. Operates in various field environments, performs individual, and team patrol movements, both mounted and dismounted, tactical drills, battle procedures, convoys, military operations other than war, antiterrorism duties, and other special duties. Operates communications equipment, vehicles, intrusion detection equipment, crew -served weapons, and other special purpose equipment. Applies self -aid buddy care, life saving procedures, including cardiopulmonary resuscitation, as first responder to accident and disaster scenes. Provides armed response and controls entry. Detects and reports presence of unauthorized personnel and activities. Implements security reporting and alerting system. Enforces standards of conduct, discipline, and adherence to laws and directives. Directs vehicle and pedestrian traffic. Investigates motor vehicle accidents, minor crimes, and incidents. Operates speed measuring, drug and alcohol, and breath test devices. Apprehends and detains suspects. Searches persons and property. Secures crime and incident scenes. Collects, seizes, and preserves evidence. Conducts interviews of witnesses and suspects. Obtains statements and testifies in official judicial proceedings. Responds to disaster and relief operations. Participates in contingencies. Develops plans, policies, procedures, and detailed instructions to implement SF programs. Plans, organizes, and schedules SF activities. Provides oversight, guidance, and assistance to commanders with the application of information, personnel, and industrial security programs. Operates pass and registration activities. Supervises and trains SF augmentees. Provides on -scene supervision for security forces. Inspects and evaluates effectiveness of SF personnel and activities. Analyzes reports and statistics. Leads, manages, supervises, and implements ground weapons training programs. Operates SF armories. Controls and safeguards arms, ammunition, and equipment. Instructs ground weapons qualification training. Provides guidance on weapons placement to security forces and ground defense force commanders. Inspects ground weapons and replaces unserviceable parts. Analyzes malfunctions by inspection and serviceability testing. Uses precision gauges, testing instruments, and special tools to adjust parts and operating mechanisms. Function -fires weapons for accuracy and serviceability. Controls and operates firing ranges and associated facilities to include supervising construction and rehabilitation. Supervisor: Ssgt ellingson Okay to contact this Supervisor: Yes United Wellhead Service Robstown , TX United States 07/2002 - 11/2002 Salary: 6.50 USD Per Hour Hours per week: 40 General Laborer Duties, Accomplishments and Related Skills: My duties included the preparation of well heads for re manufacturing. I disassembled well head parts and a assemblies using various hand tools such as wrenches, screwdrivers, ratchets and sockets, sledge hammer and crow bar. I used steam and pressure washing equipment to clean the disassembled well heads of dirt, grease and grime. I regulated the steam controls to produce the required heat from the heating system. I manually washed lubrication or and cleaned well head parts in tanks of hot/cold cleaning solutions. I also hand cleaned parts with brushes and other hand held tools. I operated a sand blast machine to remove rust and paint. I assisted journeyman in the reassembly of the well heads. Measures, cuts and threads pipes using ruler, hacksaw, pipecutters, and threading machines I have the skills and knowledge to operate industrial washers, utilizing steam pressure, degreaser solution, steam valve and required solvents to remove dirt, grease and/or paint from a variety of aircraft engine parts, assuring nicks, burrs, and rust pits are removed. Determines proper sequence of cleaning processes and time exposure of parts required to avoid possible damage to parts and meet required degree of cleanliness and removes radiator valves and inspects for defects and repacks valves overall acceptability. Also painting, storage or containerization checking items for obvious wear, cracks, nicks, burrs, or other surface defects; using equipment, solvents, brushes, buffers, scouring pads to clean or sand surfaces; replacing plugs, nuts, gaskets I have the ability to spray parts and equipment with cleaning solution, operating control valves on the steam pressure cleaner and on the degreasing machine to control the flow of steam and cleaning solution. I have previous experience in mixing chemicals and cleaners in solutions and charge pressure pots. I have also operated deburring, vibratory and ultrasonic cleaning machines, using specified media to clean the parts. I can manually wash and clean engine parts in tanks of hot or cold cleaning solutions. I also have the skills and knowledge to hand clean parts with brushes and other hand tools. I can apply corrosion preventive compound by dipping parts in tanks or vats. I have also the ability to operate power driven wire or cloth brush cleaner. I can mix various cleaning and degreasing solutions such as caustic soda, carbon removing compounds, paint strippers and other cleaning compounds. I also operate bead blast machines using prescribed techniques and instructions when required. I poses the knowledge of appropriate materials and cleaning agents to utilize in the cleaning process in accordance with types of metals and finish required. I am also knowledgeable of the operation of industrial washers and cleaning equipment. Supervisor: Don Mcatee Okay to contact this Supervisor: Yes Education:Military Police Academy San antonio, TX United States ERROR 06/2004 GPA: 4.0 of a maximum 4.0 Major: Criminal Justice Death Investigation Relevant Coursework, Licenses and Certifications: Weapons training including m16, m4, m9,combat training we are highly trained in ground combat skills, including land navigation, crew served weapons systems, claymore mines, fragmentation hand grenade use, "LAWS" (light anti-tank weapon) deployment, hand and arm signals, squad movements, and many other skills. Preventive Maintenance on equipment of vehicles, assigned weapons, and personnel equipment.Trained in the use of Technical Manuals and Field Manuals. Job Related Training:High School Carroll High School 08/15/1999 - 06/06/2003 Corpus Christi, Texas United States Degree: High School Diploma - Major: N/A; Minor: N/A; Additional Information License - C.D.L class A (10/13/2007) Driver license class A Air Force Basic Training - 02/24/2004 Received basic training in the following areas: Basic First Aid, Time- Management, Team -Building, Map -Reading, Basic Leadership, Weapons Marksmanship, and topics such as Air Force history, dress and appearance, military customs and courtesies, ethics, security, and alcohol/drug abuse prevention and treatment, and field training including protection against biological and chemical attack. Language Skills: Language Spoken Written Read Spanish Advanced Advanced Advanced Additional Information:Military Awards- 02/24/2004- 06/13/2006 Global War on Terrorism Service Medal, Air force Training Ribbon, National Defense Service Medal, Overseas Long Tour Ribbon, Basic Force Protection Occupational Badge. AGENDA MEMORANDUM Future Item for the City Council Meeting of August 9, 2016 Action Item for the City Council Meeting of August 16, 2016 DATE: TO: July 22, 2016 Margie C. Rose, City Manager THRU: Mark Van Vleck, 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 Master Service Agreement Water and Wastewater Treatment On -Call Support CAPTION: Motion authorizing the City Manager, or designee, to continue Water and Wastewater Treatment On -Call Support services by executing Amendment No. 1 to a Master Services Agreement (MSA) with LNV Inc. of Corpus Christi, Texas in the amount of $600,000, for a total restated fee not to exceed $635,000 for the Water and Wastewater Treatment On -Call Support project. The project provides for a one-year base contract and allows for two (2) optional one- year administrative renewals/extensions beyond the original one-year base contract, subject to availability of funding and satisfactory consultant performance. PURPOSE: The purpose of this Agenda Item is to approve a Master Services Agreement for the Water and Wastewater Treatment On -Call Support project. CIP DESCRIPTION: Water and Wastewater Treatment On -Call Support (E16264) This project is included in the approved FY 2015 — 2016 Capital Improvement Planning Guide. This project provides the Utility Department with technical support. The Consultant shall assist the City of Corpus Christi in developing project scopes, cost estimating, design and constructability peer review, cost and schedule control, design management, and other support services required by the Treatment Division of the Utilities Department. The Consultant should be able to demonstrate experience in all aspects of water and wastewater treatment, distribution and collection. Wastewater treatment should include primary, secondary and tertiary treatment as well as wastewater reuse. Treatment plant experience should include up to 10 MGD capacity. The Consultant should also have electrical engineering capacity for low and medium voltage power distribution. This will be a task order contract driven by immediate needs. BACKGROUND AND FINDINGS: The Utility Department operates and manages the O.N. Stevens Water Treatment Plant (ONSWTP) and six wastewater treatment plants. This project provides technical support and assistance for the operational, maintenance, diagnostic and design matters for the plants and systems. This professional services agreement is being issued as a Master Service Agreement (MSA) to provide the required technical support required for the successful treatment of the city's water and wastewater systems. The MSA contract specifies basic scope, terms and conditions that will govern future Task Orders. Future Task Orders will be issued with specific scopes of work and associated fees. The total MSA contract fee is limited to the not to exceed amount of the MSA contract. Future Task Orders will be administratively issued by the Director of Engineering Services or designee. LNV, Inc. was selected as the Consultant Engineer for this project through the Transportation and Utilities Request for Qualifications No. 2016-01. ALTERNATIVES: 1. Authorize the execution of the contract. 2. Do not authorize the execution of the contract. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: Operating ❑ Revenue ® Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Budget & Expenditures Current Year Future Years TOTALS Line Item Budget $520,500 $1,800,000 $2,320,500 Encumbered / Expended Amount 35,000 35,000 This Item (Year One) 300,000 300,000 600,000 Future Anticipated Expenditures This Project 86,217 1,372,435 1,458,652 BALANCE $99,283 $127,565 $226,848 Fund(s): Water CIP #7 Comments: This amendment will result in an expenditure not to exceed $600,000 for Year One. RECOMMENDATION: City Staff recommends approval of Amendment No. 1 to a Master Services Agreement (MSA) with LNV Inc. of Corpus Christi, Texas in the amount of $600,000, for a total restated fee not to exceed $635,000 for the Water and Wastewater Treatment On -Call Support project and approval of a one-year base contract with two (2) optional one-year administrative renewals/extensions. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Contract Form 1295 PROJECT BUDGET Water and Wastewater Treatment On -Call Support FUNDS AVAILABLE: Current Water CIP $ 520,500 Water CIP 2016-17 50,000 Wastewater CIP 2016-17 350,000 Water CIP 2017-18 350,000 Wastewater CIP 2017-18 350,000 Water CIP 2018-19 350,000 Wastewater CIP 2018-19 350,000 Total Funds Available $ 2,320,500 FUNDS REQUIRED: Enclineerinci Services: Engineer (LNV, Inc.) $ 1,835,000 Original Contract 35,000 Master Service Agreement, Amendment No. 1, THIS ITEM 600,000 Renewal No. 1 (Optional) 600,000 Renewal No. 2 (Optional) 600,000 Reimbursements: Total Reimbursements. 258,653 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance) 104,423 Engineering Services (Project Mgmt) 139,230 Misc 15,000 TOTAL $ 2,093,653 PROJECT BUDGET BALANCE $ 226,848 _ll O.N. Stevens Allison (5.0 MGD) f • Nueces Bay A< r 1 �� .-----. moi -- j \ (8.0 MGD) Greenwood, (8.0 MGD) 1 City of Corpus Christi-- Utility Treatment Plants Legend • Wastewater Treatment Plant Water 0 2 4 8 Miles 12 Corpus Christi Bay Oso (16.2 MGD) Oso Bay Laguna Madre { (3.0 MGD) n /i VICINITY MAP NOT TO SCALE Whitecap (2.5 MGD) Project Number: E16264 Water and Wastewater Treatment On -Call Support CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Carpus Citrsti trIgineeriing Water and Wastewater Treatment On -Call Support Council Presentation August 9, 2016 Project Location Corpus Chr'sti Engineering O.N.Stevens Allison ., (5.0 MGD) Broadway (6.0 MGD) Greenwood 6.0 MGD) • City of Corpus Christi Utility Treatment Plants Leaend ■ stewa.er raatnem Plant 0 2 4 Miles 8 12 Oso (16.2 MGD) Laguna Madre (3.0 MGD) Whitecap (2.5 MGD) Project Scope Corpus Chr Engineering This Master Services Agreement (MSA) provides on-call services to assist with any technical, operational, maintenance, diagnostic and design concerns for the City's O.N. Stevens Water Treatment Plant (ONSWTP) and six wastewater treatment plants. The services include: • Project management • Permitting and regulatory services • Electrical support services • Condition assessment • Project coordination • Capacity assessment • Asset management • Remedial measures • General engineering services Project Schedule Corpus Chr'sti Engineering 2016 2017 A s 0 N D J F M A M J On-call Services Project Estimate: 365 calendar days = 12 Months This project is a one-year (12 calendar months) base contract with two optional one-year renewals. CITY OF CORPUS CHRISTI MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES FOR WATER AND WASTEWATER TREATMENT ON-CALL SUPPORT E16264 AMENDMENT NO. 1 This Agreement is between the City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or designee and LNV, Inc., a Texas Corporation, 801 Navigation, Suite 300, Corpus Christi, Texas 78408 (Consultant). TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I PROJECT TASK ORDER 2 ARTICLE II COMPENSATION 2 ARTICLE III QUALITY CONTROL PLAN 3 ARTICLE IV INSURANCE REQUIREMENTS 4 ARTICLE V INDEMNIFICATION 4 ARTICLE VI TERM; RENEWALS; TIMES FOR RENDERING SERVICE 4 ARTICLE VII TERMINATION OF AGREEMENT 5 ARTICLE VIII RIGHT OF REVIEW AND AUDIT 5 ARTICLE IX OWNER REMEDIES 6 ARTICLE X CONSULTANT REMEDIES 7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION 7 ARTICLE XII MISCELLANEOUS PROVISIONS 8 EXHIBITS Page 1 Rev. 7/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16264 WATER & WW TREATMENT ON-CALL SUPPORT\AMENDMENT NO. 1\CONTRACT\MASTER SERVICES AGREEMENT - PROFESSIONAL SERVICES.DOC ARTICLE I — PROJECT TASK ORDER 1.1 This Agreement shall apply to as many tasks as City and Consultant agree will be performed under the terms and conditions of this Agreement. Each task Consultant performs for City hereunder shall be designated a Task Order. No Task Order shall be binding or enforceable unless and until it has been properly executed by both City and Consultant. Each properly executed Task Order shall become a separate supplemental agreement to this Agreement. 1.2 The Consultant shall provide its Scope of Services, to be included in each Task Order. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services which would normally be required by law or common due diligence in accordance with the standard of care defined in Article XII of this Agreement. 1.3 Under this Agreement, Consultant will provide services on a Task Order basis for a range of services related to assisting Engineering Services with professional engineering, architecture and construction services related to execution of Capital Improvements Programs. All work will be subject to authorization from City. A detailed Scope of Services and fee estimate will be developed for each task prior to execution of work. 1.4 Consultant must comply with City standards, as specified in the Unified Development Code (UDC) or Code of Ordinances, as applicable, throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Task Order. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.5 Consultant must perform tasks and submit deliverables as detailed in each approved Task Order. 1.6 Consultant must provide all labor, equipment and transportation necessary to complete all services agreed to in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by the subconsultant and the percentage of work performed by the subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.7 Consultant must not begin work on any Task Order authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. 4 For design services, Consultant agrees to render the professional services necessary for the advancement Contracts, an excerpt of which is attached as Exhibit G. ARTICLE II — COMPENSATION 2.1 The Compensation for all services included in this Agreement and in the Scope of Services for this Agreement shall not exceed $600,000, for a total restated fee of $635,000. 2.2 The Consultant's fee for each Task Order will be on a lump sum or time and materials (T&M) basis with a negotiated not -to -exceed amount. The fees will not exceed those identified and will be full and total compensation for all services outlined in each Task Order, and for all expenses incurred in performing these services. 2.3 Consultant shall submit a proposal to the City, which shall be incorporated into this agreement as Exhibit B, subject to approval by the City. Page 2 Rev. 7/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16264 WATER & WW TREATMENT ON-CALL SUPPORT\AMENDMENT NO. 1\CONTRACT\MASTER SERVICES AGREEMENT - PROFESSIONAL SERVICES.DOC 2.4 Consultant shall submit a Rate Schedule, shown in Exhibit B-1, with their proposal. The rate schedule shall remain confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. 2.5 Monthly invoices will be submitted in accordance with the Payment Request (Exhibit C). For T&M basis fees, Consultant shall submit documentation with the monthly invoice that shows who worked on the Project, the number of hours that each individual worked on the Project and reimbursables for that individual. 2.5.1 Principals may only bill at the hourly rate of Principals when acting in that capacity. Principals acting in the capacity of staff must bill at staff rates. The Consultant shall provide documentation with each payment request that clearly indicates how that individual's time is allocated and the justification for that allocation. 2.6 The anticipated fee structure under this agreement is as follows: 2.7 All services shall be performed and the applicable standard of professional care set forth herein and to City's satisfaction, which satisfaction shall be judged by the Director in his/her sole discretion. City shall not be liable for any payment under this Agreement for services which are unsatisfactory and which previously have not been approved by the Director. 2.8 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any Task Order or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. 2.9 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 2.10 Any fee payable under this Agreement is subject to the availability of funds. The Consultant may be directed to suspend work pending receipt and appropriation of funds. ARTICLE III — QUALITY CONTROL PLAN 3.1 The Consultant agrees to perform quality assurance -quality control/constructability reviews (QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 3.2 The Consultant will perform QCP Reviews at intervals during the project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the project scope. Based on the findings of the QCP Review, the Consultant must reconcile the project scope and Opinion of Probable Cost (OPC) Page 3 Rev. 7/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16264 WATER & WW TREATMENT ON-CALL SUPPORT\AMENDMENT NO. 1\CONTRACT\MASTER SERVICES AGREEMENT - PROFESSIONAL SERVICES.DOC DESCRIPTION NOT TO EXCEED AMOUNT Maximum Contract Amount $600,000.00 Task 1 — TBD TBD Task 2 — TBD TBD Task 3 — TBD TBD Task 4 — TBD TBD Task 5 — TBD TBD Task 6 — TBD TBD 2.7 All services shall be performed and the applicable standard of professional care set forth herein and to City's satisfaction, which satisfaction shall be judged by the Director in his/her sole discretion. City shall not be liable for any payment under this Agreement for services which are unsatisfactory and which previously have not been approved by the Director. 2.8 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any Task Order or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. 2.9 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 2.10 Any fee payable under this Agreement is subject to the availability of funds. The Consultant may be directed to suspend work pending receipt and appropriation of funds. ARTICLE III — QUALITY CONTROL PLAN 3.1 The Consultant agrees to perform quality assurance -quality control/constructability reviews (QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 3.2 The Consultant will perform QCP Reviews at intervals during the project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the project scope. Based on the findings of the QCP Review, the Consultant must reconcile the project scope and Opinion of Probable Cost (OPC) Page 3 Rev. 7/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16264 WATER & WW TREATMENT ON-CALL SUPPORT\AMENDMENT NO. 1\CONTRACT\MASTER SERVICES AGREEMENT - PROFESSIONAL SERVICES.DOC as needed. 3.3 Documents that do not meet City standards may be rejected. Consultant will not be compensated for having to resubmit documents. ARTICLE IV — INSURANCE REQUIREMENTS 4.1 Consultant must not commence work under this Agreement until all 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. 4.2 Insurance Requirements are shown in EXHIBIT D. ARTICLE V - INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. ARTICLE VI — TERM; RENEWALS; TIMES FOR RENDERING SERVICE 6.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 6.2 This Agreement shall be applicable to Task Order issued hereunder from the Effective Date of the Agreement until project is complete. 6.3 This service shall be for a period of years beginning on the Effective Date. The Agreement may be renewed for up to one year renewal-eptionc upon mutual agrccmcnt of thc particc to bo cvidcnccd in writing prior to thc cxpiration datc of thc prior tcrm. Any rcncwal., shall be at the soma terms and conditions, plus any approved changes. 6.4 The times for performing services or providing deliverables will be stated in each Task Order. If no times are so stated, Consultant will perform services and provide deliverables within a reasonable time. Page 4 Rev. 7/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16264 WATER & WW TREATMENT ON-CALL SUPPORT\AMENDMENT NO. 1\CONTRACT\MASTER SERVICES AGREEMENT - PROFESSIONAL SERVICES.DOC ARTICLE VII - TERMINATION OF AGREEMENT 7.1 By Consultant: 7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 7.2 By City: 7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 7.2.2 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. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 7.3 Termination Procedure 7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. 7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE VIII — RIGHT OF REVIEW AND AUDIT 8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless Page 5 Rev. 7/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16264 WATER & WW TREATMENT ON-CALL SUPPORT\AMENDMENT NO. 1\CONTRACT\MASTER SERVICES AGREEMENT - PROFESSIONAL SERVICES.DOC there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 8.2 "Consultant's records" include any and all information, materials and data of every kind and character generated as a result of the Work under this Agreement. Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, federal and state tax filings for issue in questions and any and all other agreements, sources of information and matters that may, in City's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's records only during City's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's records, Consultant's facilities and Consultant's current or former employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE IX—OWNER REMEDIES 9.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 9.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 9.1.3 Losses are incurred because of defects, errors and omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been defects, errors and omissions in the documents. 9.2 The City may assert a claim against the Consultant's professional liability insurance as appropriate when other remedies are not available or offered for design deficiencies discovered during and after Project construction. 9.3 When the City incurs non -value added work costs for change orders due to design errors or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non -value added work costs incurred by the City; and (4) Deadline for Consultant's response. 9.4 The Consultant may be required to revise bid documents and re -advertise the Project at the Consultant's sole cost if, in the City's judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 9.5 The City may withhold or nullify the whole or part of any payment as detailed in Article II. Page 6 Rev. 7/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16264 WATER & WW TREATMENT ON-CALL SUPPORT\AMENDMENT NO. 1\CONTRACT\MASTER SERVICES AGREEMENT - PROFESSIONAL SERVICES.DOC ARTICLE X— CONSULTANT REMEDIES 10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 10.2 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XI — CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 11.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Alternative Dispute Resolution. 11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement and City shall continue to make payments in accordance with this Agreement. 11.2 Alternative Dispute Resolution 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation or any other alternative dispute resolution (ADR) process set forth herein, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of any other ADR process. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation ADR process contained herein. 11.2.3 Mediation Page 7 Rev. 7/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16264 WATER & WW TREATMENT ON-CALL SUPPORT\AMENDMENT NO. 1\CONTRACT\MASTER SERVICES AGREEMENT - PROFESSIONAL SERVICES.DOC 11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 11.2.3.4 The parties shall share the mediator's fee. Venue for any mediation or lawsuit arising under this Agreement shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 11.3 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute in this Agreement. 11.4 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XII — MISCELLANEOUS PROVISIONS 12.1 Assignability. The Consultant will not assign, transfer or delegate any of its obligations or duties in this Agreement to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the Consultant staff. If the Consultant is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. 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. 12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse, without specific written verification or adaptation by Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. The City agrees that any modification of the plans will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. 12.3 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. 12.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or Page 8 Rev. 7/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16264 WATER & WW TREATMENT ON-CALL SUPPORT\AMENDMENT NO. 1\CONTRACT\MASTER SERVICES AGREEMENT - PROFESSIONAL SERVICES.DOC certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 12.5 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 12.6 Disclosure of Interest. (Exhibit E) Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 12.7 Certificate of Interested Parties. (Exhibit F). 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 that exceed $50,000. 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; or (2) a person who actively participates in facilitating a contractor 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. 12.8 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 12.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 12.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 12.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant -prepared Exhibit A, Scope of Services or in any other document prepared by Consultant and included herein, is in conflict with the terms of this Agreement and/or an approved Task Order, this Agreement and/or the Task Order shall take precedence and control to resolve said conflict. Page 9 Rev. 7/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16264 WATER & WW TREATMENT ON-CALL SUPPORT\AMENDMENT NO. 1\CONTRACT\MASTER SERVICES AGREEMENT - PROFESSIONAL SERVICES.DOC CITY OF CORPUS CHRISTI J.H. Edmonds, P.E. Date Director of Engineering Services RECOMMENDED Operating Department APPROVED Date • Office of Management and Budget Date APPROVED AS TO LEGAL FORM Assistant City Attorney Date for City Attorney ATTEST Rebecca Huerta Date City Secretary Project Name Water and Wastewater Treatment On:CaII Support Project Number E16264 Contract Amount $600,000 PARTIAL CERTIFICATION FOR $300,000 Accounting Unit 4093-062 for $242.988.61 Account 550950 Activity El 6264014093EXP Account Category 50950 Fund Name Water 2013 RVBD Accounting Unit 4095-062 for $57.011.39 Account 550950 Activity E16264014095EXP Account Category 50950 Fund Name Water 2015 CIP BALANCE TO CERTIFY WITH FY 2017 Wastewater CIP $300,000 LNV, I artior. Dan Ley; •d % er, P.E. Date Preside 801 Navigation, Cuite 300 Corpus Christi, TX 78408 (361) 883-1984 Office loganb@Invinc.com Page 10 Rev. 7116 V;4ENGINEERING DATAEXCHANGEIJENN FERSWATER4E16264 WATER 8 WW TREATMENT ON•CALL SUPPORTIAMENDMENT NO. jSCONTRACT4MA5TER SERVICES AGREEMENT - PROFESSIONAL SERVICES.DOC EXHIBIT A SAMPLE TASK ORDER This Task Order pertains to a Master Services Agreement for Professional Services by and between City of Corpus Christi, Texas (City) and "Company Name" (Consultant) dated , 2016 (Agreement). Consultant shall perform services on the project described below as provided in this Task Order and in the Agreement. This Task Order shall not be binding until it has been properly signed by both parties. Upon execution, this Task Order shall supplement the Agreement as it pertains to the project described below. TASK ORDER NO.: PROJECT NAME: 1. PROJECT DESCRIPTION 2. SCOPE OF SERVICES 3. COMPENSATION This Task Order is approved and Consultant may proceed. All other terms and conditions of the Agreement remain in full force and effect. CITY OF CORPUS CHRISTI LNV, INC. J.H. Edmonds, P. E. Date Dan S. Leyendecker, P.E. Director of Engineering Services President 801 Navigation, Suite 300 Corpus Christi, TX 78408 (361) 883-1984 Office RECOMMENDED Operating Department Date Date Master Services Agreement Exhibit A CNV Solutions Today with a engineers 1 architects 1 surveyors Vision for Tomorrow Exhibit B City of Corpus Christi Scope of Professional Services Water and Wastewater Treatment On -Call Support, E16264 This project will include various task authorizations depending on the City's needs, which represents the specific tasks that our team is authorized to perform in support of the City staff. This project is intended to be a base 1 -yr contract of $600,000 with two (2) optional 1 -yr renewals (each for $600,000/year). As described in RFQ No. 2016-01, Part B: Utility Projects, this project allows the Engineer to supplement the City's staff with personnel and resources to assist with any technical, operational, maintenance, diagnostic and design concerns. The Engineer shall assist the City by performing the tasks outlined in this amendment at the request and under the direction of the Utilities Department to ensure that the water and wastewater treatment objectives for the City are being met in a cost-effective manner. All services provided under this contract will be on an as -needed, on-call basis throughout the term of the agreement. Therefore, the services will be delivered through various task authorizations that will be issued by the City and performed either on a Time and Materials (T&M) or a lump sum basis. These task authorizations may vary considerably in size and scope, which will be discussed between the City and the Engineer prior to issuance. The Engineer will be responsible for preparing a detailed scope and anticipated fee estimate for each task authorization and upon approval, a Notice -to -Proceed will be issued by the City's appointed Program Manager to commence the work outlined in the task authorization. This project also includes specific tasks that are necessary to deliver quality engineering services that provide on-call support to the City's water and wastewater treatment operations, including staffing, coordination of team sub -consultants, QA/QC of all task deliverables, document management and distribution, task scheduling, invoicing, project status reporting, etc. Depending on the specific needs of the City, there may also be a number of assigned Task Managers. 801 NAVIGATION 1 SUITE 200 1 CORPUS CHRISTI, TEXAS 78408 OFFICE 361.883.1984 1 FAX 361.883.1986 1 WWW.LNVINC.COM LARGE A/E AGREEMENT AMEND. NO. 1 EXHIBIT B Page 1 of 12 BASIC SERVICES (N/A) ADDITIONAL SERVICES (ALLOWANCE OF $600,000/YR) This section defines the scope of tasks for Additional Services that may be included for this contract. However, the Engineer will not begin work on the tasks in this section without written approval for the Director of Engineering Services. Upon receipt of written authorization, the Engineer will perform the following Additional Services: 1. Project Management 2. Permitting and Regulatory 3. Electrical Support Services 4. Project Coordination 5. Condition Assessment 6. Capacity Assessment 7. Asset Management 8. Remedial Measures 9. General Engineering SCHEDULE The project is a 1 -yr base contract of $600,000 with two (2) optional 1 -yr renewals (each for $600,000/year) as needed and authorized. The project schedule is completely dependent upon the needs and requests of the City staff. Activity Date Anticipated Notice -to -Proceed September 7, 2016 Task Authorizations TBD LARGE A/E AGREEMENT AMEND. N0.1 EXHIBIT B Page 2 of 3 FEES Services will be provided on a Time and Materials (T&M) or a lump sum basis, which will be billed through task authorizations. Negotiated fees will be authorized through multiple task authorizations detailing the scope of work and the schedule for a total not -to -exceed contract amount, as shown below. Services Performed by Consultant Original Contract Year 1 of 3 Amd No. 1 TOTAL Electrical Support (TA #1) $35,000 -- $35,000 Water/Wastewater Treatment On -Call Support -- $600,000* $600,000 TOTAL AUTHORIZED FEE $35,000 $600,000* $635,000 *Amount to be added annually for a maximum of three (3) years For services provided on a T&M basis, monthly invoices will be provided by the Engineer based on actual working hours and associated expenses at agreed upon hourly rates. The Director of Engineering Services Department is responsible for approving task orders to the Engineer and approving daily/weekly/monthly hours. The Engineer is required to submit a detailed and approved man-hour breakdown accompanying with monthly invoices to Engineering Services for payment. For services provided on a lump sum basis, monthly invoices will be provided by the Engineer based on percent completion of the agreed-upon services. The Director of Engineering Services Department is responsible for approving task orders to the Engineer and approving the percent completion based on the anticipated fee and project schedule. The Engineer is required to submit monthly invoices to Engineering Services for payment. If you have any questions or if you would like to discuss in more detail, please feel free to call me at 361-883-1984. Sincerely, LNV, Inc. TBPE Firm No. F-366 Logan Burton, P.E. Principal/Vice President LARGE A/E AGREEMENT AMEND. N0.1 EXHIBIT B Page 3 of 3 EXHIBIT B-1 CONFIDENTIAL RATE SCHEDULE Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPAL(S): HOURLY RATE ($/hr) TX REGISTRATION #: Project Consultant: CAD Technician: Clerical: Other — specify: SUBCONSULTANT(S): (firm) Principal(s): Project Consultant: CAD Technician: Clerical Other — specify: Add additional subconsultants as needed. Master Services Agreement Exhibit B-1 Basic Seryices: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees EXHIBIT C PAYMENT REQUEST FORM COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for: Payment Request Revised 07/27/00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0°% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $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% Master Services Agreement Exhibit C EXHIBIT "D" 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 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 1 Rev 07/16 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 or non -renewal of 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. 2 Rev 07/16 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. 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: 2016-79534 Date Filed: 07/05/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 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, Texas 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. E16264-Wtr/WWT On -Call Support 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 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 AFFIX Sw 2 Oa�d,4 ��4. lo; gal:, . -'42`,.6 t . �4�uoar• NOTARY n and subscribed , to TANYA IACHEIIE SWAIIS Public, State of Texas Comm. Expires 03-30-2020 Notary ID 11712738 STAMP / SEAL ABOVE before me, by the said certify which, witness my hand and aJ) I swear, or affirm, under . enalty of perjury, that th above disclosure is true and correct. ,� / . , � gnature of authorized agent of ting business entity Lai +, , this the v day o • seal of office. -lin fi L.SY05 ilk 4eofofficeerjflgt& il kgnatur% o o r d imstenng oath Printed name of cer administering oath rms pro Texas Ethics Commission www.ethics.state.tx.us AGENDA MEMORANDUM Future Item for the City Council Meeting of August 9, 2016 Action Item for the City Council Meeting of August 16, 2016 DATE: TO: July 22, 2016 Margie C. Rose, City Manager THRU: Mark Van Vleck, 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 Construction & Testing Contract O.N. Stevens Water Treatment Plant High Service Pump Building No. 3 CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with PLW Cadagua Partners of The Woodlands, Texas in the amount of $21,650,000 for the O.N. Stevens Water Treatment Plant High Service Pump Building No. 3 for the Base Bid plus Additive Alternates No. 1 through 4 and to execute a construction materials testing contract with Rock Engineering and Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $54,765 for the O.N. Stevens Water Treatment Plant High Service Pump Building No. 3. PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract for the O.N. Stevens Water Treatment Plant High Service Pump Building No. 3 for the Base Bid plus Additive Alternates No. 1 through 4 and to execute the materials testing contract. CIP Description: O.N. Stevens Water Treatment Plant High Service Building No. 3 This project will provide for construction of a new High Service Building as the repair/replacement of the existing High Service Building No. 1 and its equipment is not feasible or cost effective. This project will also replace the four (4) existing tilting disc check valves (TDCVs) and all existing Multilin Motor protection relays (MRP) at High Service Building No. 2 in order to provide consistency and facilitate maintenance between both High Service No. 2 and the High Service No. 3 Pump Stations. The New High Service Building No. 3 will have the capability to deliver treated water to the distribution system from the existing clear -well No. 1, clear -well No. 2 and future programmed clear -well No. 3. Completion of this project will enable the City to decommission and take out of service High Service Building No. 1. The construction is anticipated to be complete in 2019. BACKGROUND AND FINDINGS: This project replaces the existing High Service Pump Bldg. No.1 (HSPB #1) at the O.N. Stevens Water Treatment Plant that is beyond its useful service life. The existing HSPB #1 was placed into service over 60 years ago and is experiencing severe deterioration impacting reliability and capacity. It does not comply with the Texas Commission on Environmental Quality (TCEQ) approved Alternate Capacity Requirement (ACR) plan and future demands. The existing HSPB #1 will be abandoned in place. This project was developed with a Base Bid and four (4) Additive Alternatives as follows: Base Bid: Includes construction of a new 12,700 square foot High Service Pump Building with six (6) new horizontal split -case pumps, motors, piping and valves, electrical, controls and associated site improvements. Additive Alternates: 1. Alternate 1 — Alternate Generator Building Extension and Retrofit The existing generator building houses the Alternate Power generators with 6 Megawatt (MW) capacity that cannot meet the peak demands of the plant and future demands. The improvements expand the existing generator building to house one additional 2 MW generator. The existing building and expansion will be upgraded to meet current code and windstorm requirements. 2. Alternate 2- High Service Pump Building No. 2 (HSPB #2) Rehabilitation The existing HSPB #2 instrumentation, controls and equipment requires upgrades to improve operational capabilities, efficiencies and reduce the maintenance cost. The work includes: • Refurbish existing four pumps • Replace existing four (4) Horizontal Split -Case impellers to match impellers of High Service Pump Building No. 3 Pumps; • Replace existing four (4) pump discharge tilting disc check valves • Remove twenty-one (21) GE multiline motor protection relays and replace with SEL motor protection relays 3. Alternate 3 — 72 -inch Waterline Extension The work includes extension of the existing 72 -inch waterline to connect the wash water supply pump station to the south filters for the plant. This increases the projected future ONSWTP rated capacity from 177 MGD to 200 MGD. Completing this work within this project is the most cost effective solution to avoid rework in the future. 4. Alternate 4 — High Service Pump Building No. 2 Access Road Rehabilitation The work rehabs the existing access road is severely deteriorated and critical to plant operations and maintenance. Completing this road work within this project is the most cost effective solution to avoid rework in the future. On June 8, 2016, the City received proposals from three (3) bidders and the respective bids were as follows: CONTRACTOR BASE BID ADD ALT NO 1 ADD ALT NO 2 ADD ALT NO 3 ADD ALT NO 4 BASE BID PLUS ADD ALTS 1-4 PLW Cadagua Partners The Woodlands, Texas $18' 345,000 $2,000,000 $955,000 $200,000 $150,000 $21,650,000 CSA Construction, Inc. Houston, Texas $17,300,000 $2,205,000 $2,418,000 $255,000 $185,000 $22,363,000 ALLCO, LLC Beaumont, Texas $19,3113,5/10 $2,636,875 $2,221,557 $186,000 $75,000 $2/1,162,972 Engineer's Opinion of Probable Construction Cost $23,500,000 The City's consultant, LNV, Inc. and City staff evaluated the three proposals and determined that ALLCO, LLC does not meet the minimum qualification requirements set forth in the contract documents and therefore considered to be a non-responsive bidder. PLW Cadagua Partners of the Woodlands, Texas, was determined to be the lowest responsive and responsible bidder for the base bid and all four additive alternatives. The lowest responsible bidder, based on the quantities provided for evaluation purposes, is PLW Cadagua Partners of the Woodlands, Texas. Based on a review of PLW Cadagua Partners's experience and resources from the information they submitted in accordance with the contract documents, PLW Cadagua Partners is qualified to provide the construction services for the project. Rock Engineering and Testing Laboratory (RETL) is recommended for the material testing contract. RETL performed the geotechnical investigation services during design phase and brings excellent past performance on similar City projects. 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 Budget and Expenditures Current Year Future Years TOTALS Line Item Budget (Operating) $47,500 $47,500 Line Item Budget (CIP) $5,799,900 $6,200,000 $16,500,000 $28,499,900 Encumbered / Expended Amount $2,436,784 $2,436,784 This Item (Construction) $2,750,000 $18,900,000 $21,650,000 This Item (Testing) $54,765 $54,765 Future Anticipated Expenditures This Project $100,000 $4,080,000 $4,180,000 BALANCE $3,410,616 $3,295,235 ($6,480,000) $225,851 Fund(s): Water CIP #5 Comments: This project requires approximately three (3) years for construction with anticipated completion in the fall of 2019. The construction contract will result in the expenditure of an amount not to exceed $21,650,000. The construction materials testing contract will result in the expenditure of an amount not to exceed $54,765. RECOMMENDATION: City Staff and the design engineer recommend approval of a construction contract with PLW Cadagua Partners of The Woodlands, Texas in the amount of $21,650,000 for the O.N. Stevens Water Treatment Plant High Service Pump Building No. 3 for the Base Bid plus Additive Alternates No. 1 through 4 and approval of a construction materials testing contract with Rock Engineering and Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $54,765 for the O.N. Stevens Water Treatment Plant High Service Pump Building No. 3. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Testing Contract Form 1295 PROJECT BUDGET O.N. STEVENS WATER TREATMENT PLANT HIGH SERVICE PUMP BUILDING NO. 3 FUNDS AVAILABLE: Water Operating $ 47,500 Prior Water CIP 5,799,900 Water CIP 2016 6,200,000 Future Water CIP 2017 and 2018 16,500,000 Total Funds Available 28,547,400 FUNDS REQUIRED: Construction: Construction (PLW Cadagua Partners) THIS ITEM 21,650,000 Construction Contingency (10%) 2,165,000 Construction Observation & Testing: Construction Observation Estimate (TBD) Construction Materials Testing (Rock Engineering) THIS ITEM MIS Line Relocation Estimate (City MIS Dept.) 750,000 54,765 50,000 Design: Design Engineer (LNV, Inc.) 2,436,784 Original Contract (LNV, Inc.) 47,500 *Amendment No. 1 (LNV, Inc.) 2,358,103 Amendment No. 2 (LNV, Inc.) 28,600 Amendment No.3 (LNV, Inc.) 2,581 Reimbursements: Total Reimbursements. 1,215,000 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance) 450,000 Engineering Services (Project Mgmt/Constr Mgmt) 750,000 Misc 15,000 TOTAL $ 28,321,549 PROJECT BUDGET BALANCE $ 225,851 *Amendment No. 1 approved by City Council on October 15, 2013 by Motion No. 2013-159 —40111111* d5� t eoQa SI\ Fort CJ` 111- 7atm up River Rd Project Location 1fd VICINITY MAP NOT r0 SCALE 0 Project Number: E11066 O.N. Stevens High Service Pump Building No. 3 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS C� DEPARTMENT OF ENGINEERING SERVICES — nn— Corpus Chr sti Engineering O.N. Stevens Water Treatment Plant High Service Pump Building No. 3 Council Presentation August 9, 2016 Qe " a• Project Map Northwest 81vd WaImart Supercenter I U u o $t ® UPRiverRd CLL LEN Cj' -® l�a Project Location Fert Ge" Sa 116g41 Corpus Chr'sti Engineering 2 Project Location HSB No.1 Generator Bu din Corpus Chr sti Engineering 3 Project Scope Corpus Chr sti Engineering The scope includes: Base Bid: Construction of a 12,700 sq. ft Pump Building with equipment and instrumentation Alt. No.1: Constructs a 2 MW Generator to include building extension and retrofit of existing building. Alt. No.2: Provides pump rehabilitation and equipment replacements for High Service Pump Building No.2 Alt. No.3: Constructs a 72 -inch waterline from wash water supply pump station to road east of South Filters. Alt. No.4: Provides access road rehabilitation for road servicing High Service Pump Building No.2. Project Schedule Corpus Chr sti Engineering 2016 2017 2018 2019 M J A s 0 N D F M A M A s 0 N D F M A M A A s 0 N D F M A M A A Bid & Award Construction Project Estimate: 1,095 Calendar Days = 37 Months Projected Schedule reflects City Council construction award in August 2016 with anticipated construction completion by September 2019. AGREEMENT for Construction Materials Testing This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home -rule municipal corporation ("CITY"), acting through its duly authorized City Manager or designee ("City Engineer"), and ROCK ENGINEERING & TESTING LABORATORY INC., a Texas corporation or partnership ("LAB"), acting through its duly authorized representative who is Curtis A. Rock, Business Development Manager, which agree as follows: 1. DECLARATIONS: City desires to engage Lab to provide services in connection with City's project, described as follows: O.N. Stevens Water Treatment Plant High Service Pump Building No. 3 (Project No. E11066) ("PROJECT"). 2. SCOPE OF WORK: Lab shall provide services to the Project in accordance with the accompanying Scope of Services and Fee Schedule attached as Exhibit "A" and the Terms and Conditions to Agreement attached as Exhibit 1313. 3. FEE: The City agrees to pay the Lab for services provided in accordance with Exhibit "A", Scope of Services and Fee Schedule under this Agreement, a total fee not to exceed $54,765.00. Monthly invoices will be submitted in accordance with Exhibit "C". 4. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE: To the best of the City's knowledge, based upon currently available information, the only hazardous or toxic materials, as defined by the laws and regulations of the Federal government, the state, and city which exist at the PROJECT SITE are as follows: None. 5. OWNERSHIP OF DOCUMENTS: All documents including contract documents (plans and specifications), record drawings, contractor's field data and submittal data will be the sole property of the City and may not be used again by Lab without the express terms written consent of the City Engineer. However, Lab may use standard details that are not specific to this Project. CITY OF CORPUS CHRISTI ROCK ENGINEERING & TESTING LABORATORY 07-26-16 J.H. Edmonds, P. E. Date Curti A. ock Date Director of Engineering Services Business Development Manager 6817 Leopard Street Corpus Christi, TX 78409 RECOMMENDED (361) 883-4555 Office (361) 883-4711 Fax curtis©rocktesting.com Operating Department Date APPROVED AS TO LEGAL FORM Assistant City Attorney Date APPROVED Office of Management and Budget Date K:\ENGINEERING DATAEXCHANGEWENNIFER\WATER\E11066 ONSWTP HIGH SRVC BLDG NO. 3\TESTING\CONTRACT.DOC Rev. 12/15/15 ATTEST Rebecca Huerta City Secretary Date Project Name O.N. Stevens Water Treatment Plant High Service Building No. 3 Project Number E11066 Accounting Unit 4096 Account 550920 Activity E11066014096EXP Account Category 50920 Fund Name Water 2015 CIP This the original testing contract for $54,765 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E11066 ONSWVP HIGH SRVC BLDG NO. 3\TESTING\CONTRACT.DOC Rev. 12/15/15 Thursday, July 14, 2016 City of Corpus Christi 1201 Leopard St Corpus Christi, TX 78401 Attn Jeffrey Edmonds, P.E. •GEOTECHNICAL ENGINEERING •CONSTRUCTION MATERIALS ENGINEERING TESTING •SOILS • ASPHALT • CONCRETE SUBJECT: ESTIMATED TESTING BUDGET FOR THE PROPOSED E11066 O.N. Stevens Water Treatment Plant High Service Pump Bldg 3 Corpus Christi, TX RETL Proposal Number: P070816A Dear Jeffrey Edmonds, P.E. Rock Engineering and Testing Laboratory, Inc. (RETL) (TBPE Firm No. 2101) is pleased to be selected to perform the Construction Materials Testing for the above referenced project. The Construction Materials Testing for the proposed construction project is based upon quantities as derived from the Plans made available to RETL as of the date of this proposal. the estimated testing for this project is $54,765.00 V/e understand that we have been chosen to provide these services for this publicly funded project. Therefore, by providing cost information we are not in violation of the Texas Professional Services Procurement Act. the estimated construction materials testing budget is based on a review of the information provided to RETL. An estimated breakdown of field and laboratory testing required is included as an attachment. ®lease make note that the actual fees invoiced for this project will be based on the actual testing performed. The total fee assessed will be dependent on the contractor's construction techniques, number of trips made to the jobsite, elapsed time from technician arrival to commencement of testing activities, and any time the technician is required to be on-site but not performing testing activities. Please be advised that weekend technician time will be invoiced portal to portal at an additional rate of $31.00 RETL appreciates your consideration of our firm to assist you during the construction phase of your project. If you agree with this proposal, please sign the attached Laboratory Testing Services Agreement, submit the Distribution List and provide billing information. Please do not hesitate to contact me at (361) 883-4555 extension 415 if you have any questions regarding the proposal or would like to discuss further. Sincerely, Pablo Schmitt Estimator Rock Engineering and Testing ROCK ENGINEERING TESTING LABORATORY, INC. 6817 LEOPARD STREET • CORPUS CHRISTI, TEXAS, 78409 OFFICE: (361) 883-4555 • FAX: (361) 883-4711 • www.rocktesting.com Thursday, July 14, 2016 Exhibit "A" Page 1 of 10 P070816A E11066 O.N. Stevens Water Treatment Plant High Service Pump Bldg 3 City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 01. SOILS A1.SUBGRADE Densities Subgrade Sidewalks SF - 1 per 5000 SF of each liff S600 IN-PLACE DENSITIES (Min 3) Densities Subgrade Street SY - 1 every 310 SY SY 4270 S486 VEHICLE S600 IN-PLACE DENSITIES (Min 3) Subgrade ST - I per street S190 MATERIALS SAMPLING CHARGE S486 VEHICLE 5510 PROCTOR - STANDARD ASTM D698 A2. SELECT FILL Select Fill 95% ASTM D698 at or above OMC EA - 1 each material type CY S190 MATERIALS SAMPLING CHARGE S310 ATTERBERG LIMITS/PLASTICITY INDEX S510 PROCTOR - STANDARD ASTM D698 S599 FINER THAN #200 MESH (Decantation) A5. BACKFILL Densities Trench Backfill LF - 1 per 200 LF S486 VEHICLE S600 IN-PLACE DENSITIES (Min 3) Trench Backfill EA - 1 each material type S190 MATERIALS SAMPLING CHARGE S486 VEHICLE S510 PROCTOR - STANDARD ASTM D698 LIFTS/MIN QTYFREQ QTY RATE AMOUNT 1 1 1 1 1 ea $44.00 $44.00 3 3 trip $45.00 $135.00 14 14 ea $44.00 $616.00 1 1 1 ea $57.00 $57.00 1 1 1 trip $45.00 $45.00 1 1 1 ea $215.00 $215.00 1 1 1 ea $57.00 $57.00 1 1 1 ea $60.00 $60.00 1 1 1 ea $215.00 $215.00 1 1 1 ea $64.00 $64.00 1 1 25 25 trip $45.00 $1,125.00 171 171 ea $44.00 $7,524.00 1 1 1 ea $57.00 $57.00 1 1 1 trip $45.00 $45.00 1 1 1 ea $215.00 $215.00 01. SOILS SUBTOTAL $10,474.00 Thursday, July 14, 2016 Exhibit"A" Page 2 of 10 P070816A E11066 O.N. Stevens Water Treatment Plant High Service Pump Bldg 3 City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 02. FLEX BASE A3. FLEX BASE CY - 1 per 3000 CY LIFTS/MIN QTYFREQ QTY RATE AMOUNT S190 MATERIALS SAMPLING CHARGE 1 ea $57.00 $57.00 S486 VEHICLE 1 trip $45.00 $45.00 S502 ATTERBERG LIMITS/PLASTICITY INDEX (with Aggregate) 1 ea $94.00 $94.00 S504 GRADATION (Sieve Analysis) 1 ea $94.00 $94.00 S522 PROCTOR - MODIFIED ASTM D1557 1 ea $253.00 $253.00 S548 LA ABRASION 1 ea $321.00 $321.00 EA - 1 each material Type S546 WET BALL MILL S606 TRIAXIAL S610 CBR Densities of Compacted Base SY - 1 every 310 SY SY 4270 S486 VEHICLE S600 IN-PLACE DENSITIES (Min 3) 1 1 1 ea $321.00 $321.00 1 1 1 ea $743.00 $743.00 1 1 1 ea $490.00 $490.00 1 1 3 3 trip $45.00 $135.00 14 14 ea $44.00 $616.00 02. FLEX BASE SUBTOTAL $3,169.00 03. HOT MIX ASPHALT CONCRETE (HMAC) LIFTS/MIN QTYFREQ QTY RATE AMOUNT B. ASPHALT Asphalt Full Series Extraction Sieve Analysis, Lab Density & Stability, Theoretical Density, T - 1 per 500 tons S105 ASPHALT FULL SERIES 1 2 2 ea $635.00 $1,270.00 S190 MATERIALS SAMPLING CHARGE 1 2 2 ea $57.00 $1 14.00 S486 VEHICLE 1 2 2 trip $45.00 $90.00 Cored in Place Densiites LF - 1 per 1000 LF of street S202 ASPHALT CORED IN-PLACE DENSITY S486 VEHICLE 1 1 2 2 ea $99.00 $198.00 2 2 trip $45.00 $90.00 03. HOT MIX ASPHALT CONCRETE (HMAC) SUBTOTAL $1,762.00 Thursday, July 14, 2016 Exhibit"A" Page 3 of 10 P070816A E11066 O.N. Stevens Water Treatment Plant High Service Pump Bldg 3 City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 04. CONCRETE Cl. CONCRETE Curb Post and Grate Inlets 1@7, 1@14, 3@28 EA - 1 set every 6 each S301 CONCRETE CYLINDERS (4" x 8") (Min 4) S399 CONCRETE CYLINDERS PICK UP FEE S486 VEHICLE Manhole Base Footing 1@7, 1@14, 3@28 EA - 1 set every 10 each S301 CONCRETE CYLINDERS (4" x 8") (Min 4) S399 CONCRETE CYLINDERS PICK UP FEE S486 VEHICLE Manholes 1@7, 1@14, 3@28 EA - 1 set every 2 each S301 CONCRETE CYLINDERS (4" x 8") (Min 4) S399 CONCRETE CYLINDERS PICK UP FEE S486 VEHICLE RIP RAP, Aprons and SETs 1@7, 1@14, 3@28 SF - 1 set every 4000 SF S301 CONCRETE CYLINDERS (4" x 8") (Min 4) S399 CONCRETE CYLINDERS PICK UP FEE S486 VEHICLE Sidewalk Curbs and Ramps 1@7, 1@14, 3@28 SF - 1 set every 4000 SF S301 CONCRETE CYLINDERS (4" x 8") (Min 4) S399 CONCRETE CYLINDERS PICK UP FEE S486 VEHICLE LIFTS/MIN QTYFREQ QTY RATE AMOUNT 5 5 5 5 5 1 5 ea $44.00 $220.00 1 1 pour $43.00 $43.00 2 2 trip $45.00 $90.00 1 5 ea $44.00 $220.00 1 1 pour $43.00 $43.00 2 2 trip $45.00 $90.00 2 10 ea $44.00 $440.00 1 1 pour $43.00 $43.00 3 3 trip $45.00 $135.00 1 5 ea $44.00 $220.00 1 1 pour $43.00 $43.00 2 2 trip $45.00 $90.00 1 5 ea $44.00 $220.00 1 1 pour $43.00 $43.00 2 2 trip $45.00 $90.00 04. CONCRETE SUBTOTAL $2,030.00 05. RIGID PAVEMENT LIFTS/MIN QTYFREQ QTY RATE AMOUNT Cl. CONCRETE Flexural Beams 7 @ 28 day SY - 1 set per 2500 SY SY 165 S302 BEAMS (Set of 4) S404 AIR CONTENT 1 1 1 1 set $232.00 $232.00 1 1 ea $15.00 $15.00 05. RIGID PAVEMENT SUBTOTAL $247.00 Thursday, July 14, 2016 Exhibit"A" Page 4 of 10 P070816A E11066 O.N. Stevens Water Treatment Plant High Service Pump Bldg 3 City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 06. LABORATORY G. PERSONNEL Admin Fee LS - Lump Sum P119 ADMINISTRATION FEE (1 time per project) LIFTS/MIN QTYFREQ QTY RATE AMOUNT 1 1 1 Is $75.00 $75.00 06. LABORATORY SUBTOTAL $75.00 07A. HIGH SERVICE 3 (Select Fill) LIFTS/MIN QTYFREQ QTY RATE AMOUNT A2. SELECT FILL Select Fill 95% ASTM D698 at or above OMC SF - 1 per 3000 SF of each tiff SF 966 S486 VEHICLE S600 IN-PLACE DENSITIES (Min 3) 1 1 3 3 trip $45.00 $135.00 9 9 ea $44.00 $396.00 07A. HIGH SERVICE 3 (Select Fill) SUBTOTAL $531.00 07B. HIGH SERVICE 3 (PIERS) LIFTS/MIN QTYFREQ QTY RATE AMOUNT Cl. CONCRETE 1@7,1@14,3@28 P - 1 set per days pour CY 431 S301 CONCRETE CYLINDERS (4" x 8") (Min 4) S399 CONCRETE CYLINDERS PICK UP FEE S486 VEHICLE 5 12 60 ea $44.00 $2,640.00 1 1 1 pour $43.00 $43.00 1 13 13 trip $45.00 $585.00 E. OBSERVATIONS Pier drilling observation (12 Days) HR - per hour CY 431 S501 OBSERVATIONS (Pier, Rebar, Structural Steel, etc) 12 8 96 hr $86.00 $8,256.00 07B. HIGH SERVICE 3 (PIERS) SUBTOTAL $11,524.00 Thursday, July 14, 2016 Exhibit"A" Page 5 of 10 P070816A E11066 O.N. Stevens Water Treatment Plant High Service Pump Bldg 3 City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 07C. HIGH SERVICE 3 (FOUNDATION) LIFTS/MIN QTYFREQ QTY RATE AMOUNT Cl. CONCRETE 1@7,1@14,3@28 CY - 1 set every 50 CY CY 850 S301 CONCRETE CYLINDERS (4" x 8") (Min 4) S399 CONCRETE CYLINDERS PICK UP FEE S486 VEHICLE E. OBSERVATIONS Rebar Inspection HR - per hour CY 769 S486 VEHICLE S501 OBSERVATIONS (Pier, Rebar, Structural Steel, etc) 5 17 85 ea $44.00 $3,740.00 1 2 2 pour $43.00 $86.00 1 4 4 trip $45.00 $180.00 1 1 2 2 trip $45.00 $90.00 2 2 hr $86.00 $172.00 07C. HIGH SERVICE 3 (FOUNDATION) SUBTOTAL $4,268.00 07D. HIGH SERVICE 3 (COLUMNS) LIFTS/MIN QTYFREQ QTY RATE AMOUNT Cl. CONCRETE 1@7,1@14,3@28 CY - 1 set every 50 CY CY 76 S301 CONCRETE CYLINDERS (4" x 8") (Min 4) S399 CONCRETE CYLINDERS PICK UP FEE S486 VEHICLE E. OBSERVATIONS Rebar Inspection HR - per hour CY 76 S486 VEHICLE S501 OBSERVATIONS (Pier, Rebar, Structural Steel, etc) 5 1 1 2 10 ea $44.00 $440.00 1 1 pour $43.00 $43.00 2 2 trip $45.00 $90.00 1 1 trip $45.00 $45.00 2 2 hr $86.00 $172.00 07D. HIGH SERVICE 3 (COLUMNS) SUBTOTAL $790.00 Thursday, July 14, 2016 Exhibit"A" Page 6 of 10 P070816A E11066 O.N. Stevens Water Treatment Plant High Service Pump Bldg 3 City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 07E. HIGH SERVICE 3 (ROOF) LIFTS/MIN QTYFREQ QTY RATE AMOUNT Cl. CONCRETE 1@7,1@14,3@28 CY - 1 set every 50 CY CY 111 S301 CONCRETE CYLINDERS (4" x 8") (Min 4) S399 CONCRETE CYLINDERS PICK UP FEE S486 VEHICLE E. OBSERVATIONS Certified Welding Inspection HR - per hour 0116 CERTIFIED WELDING OBSERVATION (Min 4 hours) S486 VEHICLE 5 4 1 3 15 ea $44.00 $660.00 1 1 pour $43.00 $43.00 2 2 trip $45.00 $90.00 4 16 hr $160.00 $2,560.00 4 4 trip $45.00 $180.00 07E. HIGH SERVICE 3 (ROOF) SUBTOTAL $3,533.00 07F. HIGH SERVICE 3 (ROOF BEAM) LIFTS/MIN QTYFREQ QTY RATE AMOUNT Cl. CONCRETE 1@7,3@28 CY - 1 set every 50 CY CY 158 S301 CONCRETE CYLINDERS (4" x 8") (Min 4) S399 CONCRETE CYLINDERS PICK UP FEE S486 VEHICLE 4 3 12 ea $44.00 $528.00 1 1 pour $43.00 $43.00 2 2 trip $45.00 $90.00 07F. HIGH SERVICE 3 (ROOF BEAM) SUBTOTAL $661.00 07G. HIGH SERVICE 3 (Grout & Mortar) LIFTS/MIN QTYFREQ QTY RATE AMOUNT C2. GROUT & MORTAR Grout and Mortar D - 1 set per day M402 MORTAR CUBES (Min 3 per set) 3 6 18 ea $44.00 $792.00 M403 GROUT PRISMS (Min 4 per set) 4 6 24 ea $44.00 $1,056.00 S486 VEHICLE 1 6 6 trip $45.00 $270.00 07G. HIGH SERVICE 3 (Grout & Mortar) SUBTOTAL $2,118.00 Thursday, July 14, 2016 Exhibit"A" Page 7 of 10 P070816A E11066 O.N. Stevens Water Treatment Plant High Service Pump Bldg 3 City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 08A. PIPE SUPPORTS (Blocks) LIFTS/MIN QTYFREQ QTY RATE AMOUNT Cl. CONCRETE 1@7,1@14,d3@28 P - 1 set per days pour CY 28 S301 CONCRETE CYLINDERS (4" x 8") (Min 4) S399 CONCRETE CYLINDERS PICK UP FEE S486 VEHICLE 5 2 10 ea $44.00 $440.00 1 2 2 pour $43.00 $86.00 1 3 3 trip $45.00 $135.00 08A. PIPE SUPPORTS (Blocks) SUBTOTAL $661.00 08B. PIPE SUPPORTS (Piers) LIFTS/MIN QTYFREQ QTY RATE AMOUNT Cl. CONCRETE 1@7,1@14,d3@28 P - 1 set per days pour CY 44 S301 CONCRETE CYLINDERS (4" x 8") (Min 4) S399 CONCRETE CYLINDERS PICK UP FEE S486 VEHICLE E. OBSERVATIONS Drilled Pier Observation HR - per hour CY 44 5501 OBSERVATIONS (Pier, Rebar, Structural Steel, etc) 5 5 25 ea $44.00 $1,100.00 1 1 1 pour $43.00 $43.00 1 6 6 trip $45.00 $270.00 5 8 40 hr $86.00 $3,440.00 08B. PIPE SUPPORTS (Piers) SUBTOTAL $4,853.00 08C. PIPE SUPPORTS (Steel) LIFTS/MIN QTYFREQ QTY RATE AMOUNT E. OBSERVATIONS Certified Welding Observation HR - per hour 0116 CERTIFIED WELDING OBSERVATION (Min 4 hours) 4 4 16 hr $160.00 $2,560.00 S486 VEHICLE 1 4 4 trip $45.00 $180.00 08C. PIPE SUPPORTS (Steel) SUBTOTAL $2,740.00 Thursday, July 14, 2016 Exhibit"A" Page 8 of 10 P070816A E11066 O.N. Stevens Water Treatment Plant High Service Pump Bldg 3 City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 09A. GENERATOR BUILDING (Piers) LIFTS/MIN QTYFREQ QTY RATE AMOUNT Cl. CONCRETE 1@7,1@14,3@28 P - 1 set per days pour CY 41 S301 CONCRETE CYLINDERS (4" x 8") (Min 4) S399 CONCRETE CYLINDERS PICK UP FEE S486 VEHICLE E. OBSERVATIONS Drilled Pier Observation HR - per hour CY 41 5501 OBSERVATIONS (Pier, Rebar, Structural Steel, etc) 5 3 15 ea $44.00 $660.00 1 1 1 pour $43.00 $43.00 1 4 4 trip $45.00 $180.00 3 8 24 hr $86.00 $2,064.00 09A. GENERATOR BUILDING (Piers) SUBTOTAL $2,947.00 09B. GENERATOR BUILDING (Foundation) LIFTS/MIN QTYFREQ QTY RATE AMOUNT Cl. CONCRETE 1@7,1@14,3@28 CY - 1 set every 50 CY CY 85 S301 CONCRETE CYLINDERS (4" x 8") (Min 4) S399 CONCRETE CYLINDERS PICK UP FEE S486 VEHICLE E. OBSERVATIONS Rebar Inspection HR - per hour CY 85 5501 OBSERVATIONS (Pier, Rebar, Structural Steel, etc) 5 2 10 ea $44.00 $440.00 1 1 1 pour $43.00 $43.00 1 2 2 trip $45.00 $90.00 1 1 1 hr $86.00 $86.00 09B. GENERATOR BUILDING (Foundation) SUBTOTAL $659.00 Thursday, July 14, 2016 Exhibit"A" Page 9 of 10 P070816A E11066 O.N. Stevens Water Treatment Plant High Service Pump Bldg 3 City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 10. DIESEL STORAGE Cl. CONCRETE 1@7,1@15,3@28 LIFTS/MIN QTYFREQ QTY RATE AMOUNT CY - 1 set every 50 CY CY 4 S301 CONCRETE CYLINDERS (4" x 8") (Min 4) 5 1 5 ea $44.00 $220.00 S399 CONCRETE CYLINDERS PICK UP FEE 1 1 1 pour $43.00 $43.00 S486 VEHICLE 1 2 2 trip $45.00 $90.00 10. DIESEL STORAGE SUBTOTAL $353.00 11. STORAGE ACCESS PLATFORMS LIFTS/MIN QTYFREQ QTY RATE AMOUNT E. OBSERVATIONS Certified Welding Observation HR - per hour 0116 CERTIFIED WELDING OBSERVATION (Min 4 hours) 4 2 8 hr $160.00 $1,280.00 S486 VEHICLE 1 2 2 trip $45.00 $90.00 11. STORAGE ACCESS PLATFORMS SUBTOTAL $1,370.00 GRAND TOTAL $54,765.00 fREPROOFING, FLOOR FLATNESS/LEVELNESS, INSULATION/STRIPPING, NAIL PATTERN/NAIL OFF and other special inspections such PAD/FOUNDATION CERTIFICATION are not included in this proposal. Please contact us for a quote for these items if needed. Thursday, July 14, 2016 Exhibit"A" Page 10 of 10 EXHIBIT "B" TERMS AND CONDITIONS TO TESTING AGREEMENT ARTICLE 1. SERVICES: Lab will: 1.1 Provide only those services requested by City Engineer that, in the opinion of Lab, lie within the technical or professional areas of expertise of Lab and which Lab is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable, and other standards designated in writing by the City Engineer. 1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services performed indicating, where applicable, compliance with the Project specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained and parts of the structure of the Project area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the City Engineer or designee documentation of such calibration. Secure representative samples of those materials that the City's contractor proposes to use which require testing, together with relevant data concerning such materials including the point of origin and supplier. 1.5 Consider reports to be confidential and distribute reports only to those persons, organizations or agencies specifically designated in writing by the City Engineer. 1.6 Retain records relating to services performed for City for a period of two years following submission of any reports, during which period the records will be made available to the City at all reasonable times. 1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or designee will: 2.1 Provide Lab with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by Lab. 2.2 Issue authorization in writing giving Lab free access to the Project site and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the City's representative with respect to Lab's services to be performed under this Agreement and which must be promptly notified by Lab when it appears that materials tested or inspected are in non-compliance. Only the City Engineer or designee has authority to transmit instructions, receive information and data and/or interpret and define the City's policies and decisions with respect to the Project. Lab acknowledges that certain City representatives may have different types of authority concerning the Project. 2.4 Advise Lab sufficiently in advance of any operations so as to allow for assignment of personnel by Lab for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties. 2.5 Direct the Project contractor, either by the Construction Contract or direct written order, to: (a) Stop work at the appropriate times for Lab to perform contracted services; (b) Furnish such labor and all facilities needed by Lab to obtain and handle samples at the Project and to facilitate the specified inspection and tests; K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E11066 ONSWVP HIGH SRVC BLDG NO. 3\TESTING\CONTRACT.DOC Rev. 12/15/15 (c) Provide and maintain for use of Lab adequate space at the Project for safe storage and proper curing of test specimens that must remain on the Project site prior to, during and up to 60 days after testing. ARTICLE 3. GENERAL CONDITIONS 3.1 Lab, by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to the Project that, by custom or contract, are vested in the Project architects, design engineers or any other design agencies or authorities. 3.2 Lab is not authorized to supervise, alter, relax, enlarge or release any requirement of the Project specifications or other contract documents nor to approve or accept any portion of the work. Lab does not have the right of rejection or the right to stop the work. City Engineer will direct the Project contractor to stop work at appropriate times for Lab to conduct the sampling, testing or inspection of operations covered by the Agreement. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 City and Lab agree that Lab will be on-site to perform inspections for contracted services. The City and Lab also agree that Lab will not assume responsibility for Project contractor's means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by Lab will not relieve the Project contractor of its responsibilities for performing the work in accordance with the Project plans and specifications. For the purposes of this Agreement, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by Lab as specified in the Agreement. Continuous monitoring by Lab or its subcontractors does not mean that Lab is approving placement of materials. Inspection is not and should not be construed to be a warranty by Lab to the City or any other party. 4.2 Samples collected or tested by Lab remain the property of the City while in the custody of the Lab. Lab will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, Lab will dispose of non -hazardous samples, and return hazardous, acutely toxic or radioactive samples and samples' containers and residues to City. City agrees to accept such samples and samples' containers. ARTICLE 5. STANDARD OF CARE AND WARRANTY Services performed by Lab will be conducted in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the profession currently practicing under similar conditions in the same locality. No other warranty either expressed or implied is made or intended by the Agreement or any reports. Lab will not be responsible for the interpretation or use by others of data developed by Lab. ARTICLE 6. INDEMNIFICATION Lab shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Lab or its agent, Lab under contract or another entity over which Lab exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Lab shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court 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 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E11066 ONSWVP HIGH SRVC BLDG NO. 3\TESTING\CONTRACT.DOC Rev. 12/15/15 breach of contract by Indemnitee, the Lab shall reimburse the City's reasonable attorney's fees in proportion to the Lab's liability. Lab must advise City in writing within 24 hours of any claim or demand against City or Lab known to Lab related to or arising out of Lab's activities under this Agreement. ARTICLE 7. INVOICES AND PAYMENT 7.1 Lab will submit progress invoices to City Engineer monthly and final invoice upon completion of services. Each invoice is due and payable by City within 30 days of receipt and approval to pay by the City Engineer. 7.2 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. ARTICLE 8. INSURANCE REQUIREMENTS 8.1 Lab must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Lab must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 8.2 Lab must furnish to the Director of Engineering Services with the signed agreement (or amendment) a copy of the Certificate(s) of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General Liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim (Defense costs must be outside policy limits) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E11066 ONSWVP HIGH SRVC BLDG NO. 3\TESTING\CONTRACT.DOC Rev. 12/15/15 8.3 In the event of accidents of any kind related to this agreement, Lab must furnish the City with copies of all reports of any accidents within 10 days of the accident. 8.4 Lab shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lab's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Bests rating of no less than A- VII. Lab is required to provide City with renewal Certificates. 8.6 Lab shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Lab shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 8.7 Lab agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: (a) List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the professional liability/Errors & Omissions policy; (b) Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; and (c) Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non- renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 8.8 Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Lab shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lab's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 8.9 In addition to any other remedies the City may have upon Lab's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lab to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Lab hereunder until Lab demonstrates compliance with the requirements hereof. 8.10 Nothing herein contained shall be construed as limiting in any way the extent to which Lab may be held responsible for payments of damages to persons or property resulting from Lab's or its subcontractor's performance of the work covered under this agreement. 8.11 It is agreed that Lab's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 8.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. ARTICLE 9. TERMINATION OF AGREEMENT The City may, at any time, with or without cause, terminate this Agreement upon seven days written notice to Lab at the address of record. Lab will be compensated for services performed up to termination. K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E11066 ONSWVP HIGH SRVC BLDG NO. 3\TESTING\CONTRACT.DOC Rev. 12/15/15 ARTICLE 10. CONTROLLING LAW This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lie exclusively in Nueces County, Texas. ARTICLE 11. DISCLOSURE OF INTERESTS 11.1 Lab agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this Agreement, if required. 11.2 Lab agrees to comply with section 2252.908 of the Texas Government Code and complete Form 1295 Certificate of Interested Parties as part of this Agreement, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. 11.3 Lab agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city- s e cretary/conflict-disclosure/index. ARTICLE 12. CLAIMS 12.1 Claims arising from this Agreement shall be made in writing, sworn to and signed by an authorized representative. The responsibility to substantiate a claim rests with the party making the claim. 12.2 All negotiations pursuant to this Article are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. ARTICLE 13. EXTENT OF AGREEMENT 13.1 This Agreement, including Exhibit "A" and these Terms and Conditions, represents the entire Agreement between City and Lab and supersedes all prior negotiation, representations or agreements, written or oral. This Agreement may be amended only by a written instrument signed by duly authorized representatives of City and Lab. If any conflict occurs between these Terms and Conditions and any other part of this Agreement, these Terms and Conditions are controlling. 13.2 In the event that any one or more of the provisions contained in this Agreement are for any reason held invalid, illegal or unenforceable in any respect, the remaining terms will be in full effect and this Agreement will be construed as if the invalid or unenforceable matters were never included in this Agreement. No waiver of any default will be a waiver of any future default. 13.3 Neither party will assign this Agreement without the express written approval of the other, but Lab may subcontract laboratory procedures as Lab deems necessary to meet the obligations of this Agreement. ARTICLE 14. SAFETY City and Lab agree that, in accordance with the generally accepted construction practice, the Project's general contractor will be solely and completely responsible for working conditions on the Project, including safety of all persons and property during the performance of the work and for compliance with all municipal, state and federal laws, rules and regulations, including OSHA. The duty of Lab in providing services is not, therefore, to include any review of, or responsibility for, the adequacy of the Project's general contractors safety measures in, on or near the Project site. K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E11066 ONSWVP HIGH SRVC BLDG NO. 3\TESTING\CONTRACT.DOC Rev. 12/15/15 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees EXHIBIT "C" Monthly Invoices COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for: Payment Request Revised 07/27/00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $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% K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E11066 ONSWVP HIGH SRVC BLDG NO. 3\TESTING\CONTRACT.DOC Rev. 12/15/15 CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus ti 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: Rock Engineering & Testing Laboratory, Inc. P. O. BOX: STREET ADDRESS: 6817 Leopard Street FIRM IS: 1. Corporation 4. Association B CITY: Corpus Christi ZIP: 78409 2. Partnership 5. Other B 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: Curtis Rock Title: Chief Administrative Officer (Type or Print) Signature of Certifying Person: DEFINITIONS Date: 05-25-16 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. Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 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: 2016-87865 Date Filed: 07/20/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. PLW Cadagua Partners The Woodlands, 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 g 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. Project No. E11066 O.N. Stevens Water Treatment Plant High Service Pump Building No. 3 Project No. E11066 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Ferrovial US Construction Corp. Austin, TX United States X 5 Check only if there is NO Interested Party. El 6 AFFIDAVIT AFFIX NOTARY Sworn to and 20 16 , to 1 swear, or affir nd penalty,of perjury, that the above disclosure is true and correct. / i Atul Raj, President .c' 01"rry LORI A BROWN =•: _• MY COMMISSION EXPIRES ± July 19, 2019 Si . . Lure of authorized agent of contracting business entity Atul Raj , this the 20th day of JulY , STAMP / SEAL ABOVE subscribed before me, by the said certify which, witness my hand and seal of office. f" 26. Lori A. Brown Notary / Asst. Secretary r ) Signature of officer administering oath'w Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 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: 2016-88427 Date Filed: 07/21/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Rock Engineering and Testing Laboratory, 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. E11066 Construction Materials Engineering 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 1 swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. "„a,�`t,:. LOREN LEILANI ROCK .i,'s Notary Public, State of Texos F. My Commission Expires °w,'E'�i'•„ March 26, 2017 abibir .""" A3PIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said Signature of authorized age t of c tracting busines ntity CUrS� , this the -�5\ day ofU\,k , 20 VS( , to certify which, witness my hand and seal of office. tKle, Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath acs Commission www.ethlcs.state.tx. us Version V1.0.277 AGENDA MEMORANDUM Future Item for the City Council Meeting of August 9, 2016 Action Item for the City Council Meeting of August 16, 2016 DATE: June 28, 2016 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Resolution authorizing the City Manager or designee to enter into outside city limit water contracts for properties in The Promenade Subdivision. CAPTION: Resolution authorizing the City Manager or designee to enter into outside city limits water contracts, with the property owners in The Promenade Subdivision to provide public water to their respective properties pursuant to Chapter 55, Article VIII, Code of Ordinances. PURPOSE: The City Council is required to approve the outside city limits water contract before the contract for such service can become effective. The City Manager or designee is authorized to execute water service contracts. RECOMMENDATION: Approval of the resolution authorizing the City Manager or designee to enter into outside city limits water contracts with property owners of up to 100 lots in The Promenade Subdivision to provide public water to their respective properties located outside the city limits pursuant to Section 55-113 of the City Code of Ordinances. Several of the water contracts will be with Rick's Homes, LLC., a developer of the subdivision. BACKGROUND AND FINDINGS: Section 55-111 of the Code of Ordinances requires a written service contract between the City and all owners and record mortgagees and lienholders of such property. The property owner, Rick's Homes, LLC, is currently building homes on several tracts of land outside the city limits. Rick's Homes, LLC own properties known as The Promenade, Block 1, Lots 1-60; Block 2, Lots 1-20, Block 3, Lots 1-17, Block 4, Lots 1-2, and Block 5, Lot 1. When The Promenade Subdivision was constructed, public waterline was extended to the area and made available to the properties within The Promenade. In order to obtain public water, the property owners must comply with the following requirements: a. Enter into a written service contract with the City; b. Submit plans that are in compliance with all city codes and obtain all city permits as if the property were within the City limits; and c. Allow inspections of all such construction. Rick's Homes, LLC has submitted construction plans to the City for review. Water connection will not be approved until after the water service contract has been approved and recorded in the Nueces County records. Pursuant to the requirements of the water service contract, construction may only occur in compliance with City regulations, including construction permit requirements, as though the property were inside the City. The Promenade was approved by the Planning Commission on March 25, 2015 and recorded in the Nueces County map records on April 29, 2016. The Promenade is located north of County Road 2444 between County Road 41 and State Highway 286. As part of the development of the subdivision, a waterline was extended from County Road 2444 to the subdivision in order to provide public water to the proposed lots. The Promenade subdivision contains 100 lots. In accordance with Section 55-113 of the Code of Ordinances, the Council would be required to approve each contract for all of the properties. In order to expedite the contracts and not bog down the City Council, the City Manager or designee will execute the remaining water service contracts. The future contracts for the properties within The Promenade would not differ much from the contract with Rick's Homes, LLC. Staff recommends the City Council approve authorizing the City Manager or designee to enter into outside city limits water contracts with the property owners to provide public water to their property located outside the city limits. ALTERNATIVES: Annexation of the property OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Section 55-111 of the City Code requires City Council approval of outside -City -limits water contracts. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •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: Resolution & OCL Water Contract with Exhibit Location Map Resolution Authorizing the City Manager or designee to enter into outside city limits water contracts with the property owners in The Promenade Subdivision to provide public water to their respective properties pursuant to Chapter 55, Article VIII, Code of Ordinances. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The City Council authorizes the City Manager or designee to enter into outside city limits water contracts, an example of which is attached to this resolution and incorporated herein for all purposes, with property owners of up to 100 lots in The Promenade Subdivision to provide public water to their respective properties located outside the city limits pursuant to Chapter 55, Article VIII of the City Code of Ordinances. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn STANDARD FORM CONTRACT FOR PROVIDING WATER WHERE PROPERTY IS SITUATED PARTLY OR WHOLLY BEYOND CITY LIMITS STATE OF TEXAS § COUNTY OF NUECES THIS CONTRACT AND AGREEMENT made and entered into an original by and between, Rick's Homes, a Texas Limited Liability Company (Owner), whose address is 4833 Saratoga Blvd. PMB #423, Corpus Christi, TX 78414, and the City of Corpus Christi, Texas ("City"), a home rule city of more than 250,000 population, a municipal corporation and body politic under the laws of the State of Texas, of 1201 Leopard Street, Corpus Christi, Texas 78401, County of Nueces, State of Texas, for good and valuable consideration in hand received by the parties respectively and upon the covenants and conditions hereafter stated: WITNESSETH: I. Owner is owner in fee simple and of all existing rights, titles and interests therein of all the following described property located in Nueces County, Texas, which is situated partly or wholly beyond the corporate limits of the City of Corpus Christi, and further, the property is not principally used for port -related industry, as defined by Section 55-111, as amended, Code of Ordinances, City of Corpus Christi, and is generally delineated on the map attached to this contract and marked "Exhibit A" and being more particularly described as follows, to -wit: The Promenade Lot _, Block _, also commonly known by its street address as , Corpus Christi, TX 78415 II. City agrees to deliver City water to such property or to waterlines on the property, under rules and regulations promulgated and authorized by Section 55-111 as amended, of the Code of Ordinances, City of Corpus Christi. III. Owner and Lien Holder agree to construct all improvements on such property under all City codes and regulations and to obtain all City technical construction permits as though the property were inside the City. Owner and Lien Holder consent to inspections of all of such construction of duly authorized inspectors or representatives of City departments charged with enforcement of the codes and regulations. Owner and Lien Holder agree that, as to any improvements, the applicable codes and regulations are those codes and regulations that are in effect at the time of commencement of the improvements. IV. All connections to the City water system are subject to the same rules and regulations regarding standards of delivery of water service, including installation and disconnections for failure to pay charges, as consumers within the City limits. Page 1 of 3 V. IT IS AGREED by and between the parties hereto that all of the above conditions shall be binding upon the successors and assigns of the said Owner and each of them, if multiples, and constitutes a covenant running with the land. WITNESS OUR HAND this day of , 2016. OWNER: Rick's Homes, a Texas Limited Liability Company Hamad Mostaghasi, Member STATE OF TEXAS COUNTY OF NUECES § § § This instrument was acknowledged before me on this the day of 2016, by Hamad Mostaghasi, Member of Rick's Homes, a Texas Limited Liability Company. Notary Public, State of Texas K:\DEVELOPMENTSVCS\SPECIAL SERVICES\LAND DEVELOPMENT DIVISION\7 WATER CONTRACTS OCL RCTIVE\755-THE PROMENADE, BLOCK 1, LOT 46 (2017 MAGNOLIA FALLS DR)\COUNCIL AGENDA ITEMS\SAMPLE OCL WATER CONTRACT -THE PROMENADE.DOC Page 2 of 3 City of Corpus Christi: ATTEST: By: By: Rebecca Huerta Daniel McGinn, Interim Director City Secretary Development Services Department STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on this day of 2016, by Rebecca Huerta, City Secretary, of the City of Corpus Christi, a Texas home -rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on this day of 2016, by Daniel McGinn, Interim Director of Development Services, of the City of Corpus Christi, a Texas home -rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas APPROVED AS TO FORM: day of , 2016. Julian Grant Senior Assistant City Attorney for the City Attorney K:\DEVELOPMENTSVCS\SPECIAL SERVICES\LAND DEVELOPMENT DIVISION\7 WATER CONTRACTS OCL RCTIVE\755-THE PROMENADE, BLOCK 1, LOT 46 (2017 MAGNOLIA FALLS DR)\COUNCIL AGENDA ITEMS\SAMPLE OCL WATER CONTRACT -THE PROMENADE.DOC Page 3 of 3 SGS6!44 q // BUFFALO CREEK ♦4,44r W 0 O AAad, ‘e. w BATTLE CREEK DR / / BAT/R/ DR // Q / ,Az„ The Promenade z 0 CC -J MAGNOLIA FALLS DR GREAT 0FALLS DR zoj � OW ' U FM 2444 S co 2 v U 0 0.035 0.07 0.14 0.21 Miles i City of Corpus Christi LOCATION MAP Exhibit "A" N Water Contract Location Map PLANNING.CITYLIMITS L i Date Created: 7/8/2016 Prepared By: (vette J. Magallanez Department of Development Services File: K:IDevelopmentSvcsISPECIAL SERVICESIPLATSIWater ContractslLondon Club EstateslMaps Projected Coordinate System: NAD_1983_StatePlane_Texas_South_FIPS_4205_Feet Projection: Lambert Conformal Conic AERIAL OVERVIEW THE PROMENADE CR 8193 CR 6190 CR 0941 Ca 49 AERIAL MAP THE PROMENADE AGENDA MEMORANDUM Future Item for the City Council Meeting of August 9, 2016 Action Item for the City Council Meeting of August 16, 2016 DATE: July 12, 2016 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Resolution authorizing the City Manager or designee to enter into outside city limit water contracts for properties in the Melvin Estates Unit 1 Subdivision. CAPTION: Resolution authorizing the City Manager or designee to enter into outside city limits water contracts with the property owners in the Melvin Estates Unit 1 Subdivision to provide public water to their respective properties pursuant to Chapter 55, Article VIII, City Code of Ordinances. PURPOSE: The City Council is required to approve the outside city limits water contract before the contract for such service can become effective. The City Manager or designee is authorized to execute water service contracts. RECOMMENDATION: Approval of the resolution authorizing the City Manager or her designee to enter into outside city limits water contracts with property owners of up to 20 lots in the Melvin Estates Unit 1 Subdivision to provide public water to their respective properties located outside the city limits pursuant to Section 55-113 of the City Code of Ordinances. Several of the water contracts will be with Rick's Homes, LLC., the developer of the subdivision. BACKGROUND AND FINDINGS: Section 55-111 of the Code of Ordinances requires a written service contract between the City and all owners and record mortgagees and lienholders of such property. The property owner, Rick's Homes, LLC, is currently building homes on several tracts of land outside the city limits. Rick's Homes, LLC own properties known as Melvin Estates Unit 1, Block 1, Lots 1-3; Block 2, Lots 1-4, Block 3, Lots 1-8, Block 4, Lots 1, and Block 5, Lots 1-4. When Melvin Estates Unit 1 Subdivision was constructed, public waterlines were extended to the area and made available to the properties within Melvin Estates Unit 1. In order to obtain public water, the property owners must comply with the following requirements: a. Enter into a written service contract with the City; b. Submit plans that are in compliance with all city codes and obtain all city permits as if the property were within the City limits; and c. Allow inspections of all such construction. Rick's Homes, LLC has submitted construction plans to the City for review. Water connection will not be approved until after the water service contract has been approved and recorded in the Nueces County records. Pursuant to the requirements of the water service contract, construction may only occur in compliance with City regulations, including construction permit requirements, as though the property were inside the City. Melvin Estates Unit 1 was approved by the Planning Commission on October 11, 2011 and recorded in the Nueces County map records on July 10, 2013. Melvin Estates Unit 1 is located north of Farm to Market Road 43 between Farm to Market Road 763 and County Road 33. As part of the development of the subdivision, a waterline was extended from Digger Lane which feeds from FM 43 to the subdivision in order to provide public water to the proposed lots. Melvin Estates Unit 1 subdivision contains 20 lots. In accordance with Section 55-113 of the Code of Ordinances, the Council would be required to approve each contract for all of the properties. In order to expedite the contracts and not bog down the City Council, the City Manager or her designee will execute the remaining water service contracts. The future contracts for the properties within Melvin Estates Unit 1 would not differ much from the contract with Rick's Homes, LLC. Staff recommends the City Council approve authorizing the City Manager or designee to enter into outside city limits water contracts with the property owners to provide public water to their property located outside the city limits. ALTERNATIVES: Annexation of the property OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Section 55-111 of the City Code requires City Council approval of outside -City -limits water contracts. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •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: Resolution & OCL Water Contract with Exhibit Location Map Resolution Authorizing the City Manager or designee to enter into outside city limits water contracts with the property owners in the Melvin Estates Unit 1 Subdivision to provide public water to their respective properties pursuant to Chapter 55, Article VIII, Code of Ordinances. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The City Council authorizes the City Manager or designee to enter into outside city limits water contracts, an example of which is attached to this resolution and incorporated herein for all purposes, with property owners of up to 20 lots in the Melvin Estates Unit 1 Subdivision to provide public water to their respective properties located outside the city limits pursuant to Chapter 55, Article VIII of the City Code of Ordinances. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn STANDARD FORM CONTRACT FOR PROVIDING WATER WHERE PROPERTY IS SITUATED PARTLY OR WHOLLY BEYOND CITY LIMITS STATE OF TEXAS § COUNTY OF NUECES THIS CONTRACT AND AGREEMENT made and entered into an original by and between, Rick's Homes, a Texas Limited Liability Company (Owner), whose address is 4833 Saratoga Blvd. PMB #423, Corpus Christi, TX 78414, and the City of Corpus Christi, Texas ("City"), a home rule city of more than 250,000 population, a municipal corporation and body politic under the laws of the State of Texas, of 1201 Leopard Street, Corpus Christi, Texas 78401, County of Nueces, State of Texas, for good and valuable consideration in hand received by the parties respectively and upon the covenants and conditions hereafter stated: WITNESSETH: I. Owner is owner in fee simple and of all existing rights, titles and interests therein of all the following described property located in Nueces County, Texas, which is situated partly or wholly beyond the corporate limits of the City of Corpus Christi, and further, the property is not principally used for port -related industry, as defined by Section 55-111, as amended, Code of Ordinances, City of Corpus Christi, and is generally delineated on the map attached to this contract and marked "Exhibit A" and being more particularly described as follows, to -wit: Melvin Estates Unit 1 Lot _, Block _, also commonly known by its street address as , Corpus Christi, TX 78415 II. City agrees to deliver City water to such property or to waterlines on the property, under rules and regulations promulgated and authorized by Section 55-111 as amended, of the Code of Ordinances, City of Corpus Christi. III. Owner and Lien Holder agree to construct all improvements on such property under all City codes and regulations and to obtain all City technical construction permits as though the property were inside the City. Owner and Lien Holder consent to inspections of all of such construction of duly authorized inspectors or representatives of City departments charged with enforcement of the codes and regulations. Owner and Lien Holder agree that, as to any improvements, the applicable codes and regulations are those codes and regulations that are in effect at the time of commencement of the improvements. IV. All connections to the City water system are subject to the same rules and regulations regarding standards of delivery of water service, including installation and disconnections for failure to pay charges, as consumers within the City limits. Page 1 of 3 V. IT IS AGREED by and between the parties hereto that all of the above conditions shall be binding upon the successors and assigns of the said Owner and each of them, if multiples, and constitutes a covenant running with the land. WITNESS OUR HAND this day of , 2016. OWNER: Rick's Homes, a Texas Limited Liability Company Hamad Mostaghasi, Member STATE OF TEXAS COUNTY OF NUECES § § § This instrument was acknowledged before me on this the day of 2016, by Hamad Mostaghasi, Member of Rick's Homes, a Texas Limited Liability Company. Notary Public, State of Texas K:\DEVELOPMENTSVCS\SHARED\LEGISTAR\2016 CC AGENDA ITEMS\8-09-16\OCL WATER CONTRACT-MELVIN ESTATES UNIT 1\SAMPLE OCL WATER CONTRACT- MELVIN ESTATES UNIT 1.DOC Page 2 of 3 City of Corpus Christi: ATTEST: By: By: Rebecca Huerta Daniel McGinn, Interim Director City Secretary Development Services Department STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on this day of 2016, by Rebecca Huerta, City Secretary, of the City of Corpus Christi, a Texas home -rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on this day of 2016, by Daniel McGinn, Interim Director of Development Services, of the City of Corpus Christi, a Texas home -rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas APPROVED AS TO FORM: day of , 2016. Julian Grant Senior Assistant City Attorney for the City Attorney K:\DEVELOPMENTSVCS\SHARED\LEGISTAR\2016 CC AGENDA ITEMS\8-09-16\OCL WATER CONTRACT-MELVIN ESTATES UNIT 1\SAMPLE OCL WATER CONTRACT- MELVIN ESTATES UNIT 1.DOC Page 3 of 3 Melvin Estates CR 26 cP1 � w ► % WESLEY WAY ///////// / A/ A �����A ��/��%���/�/ I/��/ i�/ / CR•26 re w 0 V SEBASTION J Q, m 0 0 0.035 0.07 0.14 0.21 Miles 1 / LOCATION MAP Exhibit "A" N Water Contract Location Map PLANNING.CITYLIMITS L J Date Created: 7/8/2016 Prepared By: (vette J. Magallanez Department of Development Services File: K:IDevelopmentSvcsISPECIAL SERVICESIPLATSIWaterContractslLondon Club Estates\Maps Projected Coordinate System: NAD_1983_StatePlane Texas_South_FIPS_4205_Feet Projection: Lambert Conformal_Conic AERIAL OVERVIEW MELVIN ESTATES 1 N AERIAL MAP MELVIN ESTATES CR 350 CR266 L7S7 -CR 26 14r CR 33 R 229 CR 6141--m CR 1229 CR CR 230 CR 61 CR 20]22 CR .47 :R 65 CR2 -_CR. 53 2444 CR 2229 CR 222 CR 59 CR203 CR 49. I -CR 18 R16 CR 43 CR 424 R57 t N AGENDA MEMORANDUM Future Item for the City Council Meeting of August 9, 2016 Action Item for City Council Meeting August 16, 2016 DATE: 7/15/2016 TO: Margie C. Rose, City Manager THROUGH: E. Jay Ellington, Interim Assistant City Manager JayEll@cctexas.com 361-826-3042pass FROM: Rudy Bentancourt, Director of Housing and Community Development RudyB@cctexas.com 361-826-3021 Resolution approving a Homebuyer Assistance Program agreement between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi. CAPTION: Resolution approving an agreement in the amount of $221,000 between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi for Type A Affordable Housing Program — Homebuyer Assistance Program and authorizing the City Manager or Designee to execute said agreement. PURPOSE: The purpose of the resolution is to approve an agreement between the Corpus Christi Business and Job Development Corporation (Type A Board) and the City of Corpus Christi for the Homebuyer Assistance Program which is administered by the Housing and Community Development Department. BACKGROUND AND FINDINGS: During the May 16, 2016 Type A Board Meeting, the Board approved a motion to transfer $200,000 into the Homebuyer Assistance Program. During the June 20, 2016 Type A Board Meeting, the Board approved the transfer of $21,000 into the City of CC -Reimbursement line item under the Type A Board Affordable Housing Program. Also motioned on this date was an approval to enter into an agreement between the Type A Board and the City of Corpus Christi for the administration and management of the Homebuyer Assistance Program. The agreement covers the term from April 1, 2016 to September 30, 2016, whereas the Board will receive quarterly updates regarding the Homebuyer Assistance Program. The total amount covered by the agreement is $221,000. ALTERNATIVES: None OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Not Applicable EMERGENCY / NON -EMERGENCY: This item is non -emergency DEPARTMENTAL CLEARANCES: Legal Housing and Community Development FINANCIAL IMPACT: Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $221,000 $221,000 BALANCE $221,000 $221,000 Fund(s): Comments: Financial Impact will be on the funding of the Type A Board funding. RECOMMENDATION: Staff recommends that the City Council approve the agreement between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi. LIST OF SUPPORTING DOCUMENTS: Resolution Agreement with Exhibit A RESOLUTION APPROVING AN AGREEMENT IN THE AMOUNT OF $221,000 BETWEEN CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND THE CITY OF CORPUS CHRISTI FOR TYPE A AFFORDABLE HOUSING PROGRAM — HOMEBUYER ASSISTANCE PROGRAM AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE SAID AGREEMENT. WHEREAS, the Board of the Corpus Christi Business and Job Development Corporation (the "Board") has approved a Type A Affordable Housing Program - Homebuyer Assistance Program, which it funds; WHEREAS, the City through its Housing and Community Development Department ("Department") manages several programs to assist eligible citizens with affordable housing; WHEREAS, the City is willing to provide the services that the Board wishes to fund and has provided these services in the past for the Board; WHEREAS, the Board approved an agreement between the City and the Corporation for the management of its program on at the Board's meeting on June 20, 2016. NOW THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The agreement in the amount of $221,000 between the City and the Corpus Christi Business and Job Development Board is approved. SECTION 2. The City Manager, or her designee, is authorized to execute an amended agreement between the Corpus Christi Business and Job Development Board and the City for the Type A Affordable Housing Program — Homebuyer Assistance Program. Adopted this the day of , 2016. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor 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 Page 2 of 2 AGREEMENT BETWEEN CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND CITY OF CORPUS CHRISTI FOR TYPE A AFFORDABLE HOUSING PROGRAM — HOMEBUYER ASSISTANCE PROGRAM This Agreement for the Type A Affordable Housing Program — Homebuyer Assistance Program ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and the City of Corpus Christi ("City") a Texas home rule municipality. WHEREAS, the Texas Legislature in Section 501 of the Local Government Code (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, in the same election, the residents of the City passed Proposition 2B, Affordable Housing, which authorized the use of a portion of the sales and use tax approved under Proposition 2 for affordable housing, up to $500,000 annually, so long as there are projects for which the amount can reasonably be used, and $150,000 has been awarded by the Corporation to the Corpus Christi Housing Authority this fiscal year; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated under Proposition 2B for affordable housing was subsequently enacted by the City's City Council ("City Council") and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corporation's Board of Directors ("Board"); WHEREAS, the Board wishes to fund affordable housing projects in an effective manner; WHEREAS, the City through its Housing and Community Development Department ("Department") manages several programs to assist eligible citizens with affordable housing; WHEREAS, the City is willing to provide the services that the Board wishes to fund and has provided these services in the past for the Board; WHEREAS, the Board has determined that it is in the best interests of the residents of the City that the City be awarded affordable housing funds, by execution of this Agreement, to accomplish the affordable housing project described in Exhibit "A" of this Agreement ("Project"); In consideration of the covenants, promises, and conditions stated in this Agreement, the Corporation and the City agree as follows: 1. Agreement to Provide Affordable Housing Services. This Agreement between the Corporation and the City is executed to implement the promotion and development of an affordable housing project described in Exhibit "A" and is incorporated in this Agreement by reference. The parties have approved this Agreement in an amount not to exceed $221,000, of which up to $21,000 will reimburse Page 1 of 8 City for staff time in implementing the Project. The parties have agreed that $200,000 will be used to implement the Project and to process applications from the citizens for funds under the Project. The funds provided under this agreement may not be used for any other projects or to reimburse the City for any staff time which is unrelated to this Project. Any funds not used for the implementation of the Project will be returned to the Corporation. 2. Reimbursement Process. The Parties agree that the City's Housing and Community Development Department (the "Department") will request reimbursement for staff time on a quarterly basis. Request for reimbursement shall be submitted to the Executive Director of the Board. Reimbursement requests shall list the number of homebuyers who received loans under the Project, the total number of applicants, the number of hours spent reviewing and processing loan applications, and the hourly rate at which the staff time is charged. Reimbursement requests containing all of the required information shall be processed within 30 days. 3. Quarterly Updates. At the Board's meeting following the end of each quarter, the Director of the Department will present an update on the program to the Board. The update will include the number of loans processed, the number of applicants, and the number of hours spent reviewing and processing loan applications during the preceding quarter. 4. Effective Date. The effective date of this Program Agreement is the date on which the City Council grants approval to the Corporation for this Project, so long as all parties have executed this Agreement. 5. Term. The term of this Agreement is from April 1, 2016 through September 30, 2016. 6. Amendments or Modifications. No amendments or modifications to this Agreement or to the Project may be made, nor any provision waived, unless the amendment or modification is made in writing and signed by persons duly authorized to sign agreements on behalf of all parties. 7. Notices. a. Any required written notices shall be sent, certified mail, return receipt requested, addressed as follows: If to Corporation: City of Corpus Christi Business and Job Development Corporation Attn: President, R. Bryan Gulley 1201 Leopard Street Corpus Christi, Texas 78401 If to City: City of Corpus Christi Attn.: Director of Housing and Community Development Department P.O. Box 9277 Corpus Christi, Texas 78469-9277 Page 2 of 8 City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 8. Relationship of Parties. In performing this Agreement, the Corporation and the City shall act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint - venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. CORPUS CHRISTI BUSINESS & JOB DEVELOPMENT CORPORATION R. Bryan Gulley President Date: ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Date: APPROVED AS TO FORM: r , cam (AniILe Aimee Alcorn -Reed Assistant City Attorney Attorney for Corporation E. Jay E Interim st- t Cit Date: C;' Z� l Le al ke Yv a Aguila As tant Ci Att:''ey Attorney or City Housing and Community Development Page 3 of 8 Exhibit A Corpus Christi Business and Job Development Corporation TYPE A Affordable Housing — Homebuyer Assistance Program Guidelines for the Program and Criteria for Application REVISED 4/8/16 Page 4 of 8 Corpus Christi Business and Job Development Corporation TYPE A Homebuyer Assistance Program Guidelines for the Program and Criteria for Application 1. Purpose The purpose of the program is to expand affordable housing opportunities for low income homebuyers by providing a deferred forgivable loan to be utilized for down payment assistance to buy down the purchase price of the home. 11. General Program Description: The funding is available to qualified homebuyers for the purpose of providing down payment assistance a deferred forgivable loan to buy down the purchase price of an affordable home. Affordable housing is any house with a purchase price which does not exceed 95% of the Metropolitan Statistical Area as determined by HUD. The intent is to provide general terms/guidelines in order to accomplish the buy down of the purchase price to make the home affordable for households with incomes in the 80% of median income ranges (see Attachment A, 80% of Median Income Chart). The funding will be in the form of a deferred forgivable loan for $10,000. The term of affordability will be 5 years. The loan will be amortized over the specified affordability period, commencing on the closure date, and forgiven at a rate of $2,000 per year for every year the homebuyer lives in the house. Should the homebuyer move out before the affordability period ends, then the remaining period will be prorated and must be paid back. Recapture provisions require repayment of the total loan amount on a prorated basis. If the buyer sells the property within the affordability period, the balance of the amortized loan shall be due and payable. The funding is available on a first come, first serve basis. 01. Housing Standards: The home must pass a Housing Quality Standards (HQS) inspection, which is conducted by HCD staff. If the house was build prior to 1978, a lead based paint test inspection will be required in accordance with HUD Lead Based Paint Regulations. The house cannot be located in a 100 year flood plain. Per 24 CFR Part 55: Properties located within the 100 year floodplain are vulnerable to a 100 -year flood, and a 1 percent chance of a flood occurring every year. IV. Homebuyer Eligibility: Prospective homebuyers shall meet the gross annual income limits adjusted for family size as determined by HUD (see Attachment A). The Housing and Community Development Department (HCD) will determine the applicant's anticipated annual gross income. Anticipated annual grass income is an estimation of future income a purchasing household expects to receive based upon their current and future monthly income annualized over a 12 month period. Some examples of future income are bonuses, pay raises, commissions or over time. (HCD SCD reuirement) Homebuyers must attend a HUD approved Homebuyer/Homeownership class to obtain a Homebuyer Education Certificate. The certificate cannot be older than one year from the date of issue, and cannot be obtained from an online class. If two or more persons are buying a home together, all must attend a class and provide a copy of the Homebuyer Education Certificate. HUD Approved Housing Counseling Agencies can be found here: Page 5 of 8 http://www.hud.qov/offices/hsp/sfh/hcc/hcs.cfm The purchasing household size will be determined by the Housing and Community Development Department using HUD's definition of purchasing household. Purchasing household includes all persons who will be occupying the units as their permanent residence. A member of a household is considered to a permanent member of the household if they have been living as a member of the household for at least six months or more. (HUD and HCD requirement) Homebuyer's cash on hand cannot exceed program limits. Housing and Community Development will make a determination of eligibility at the time the mortgage lender submits the required documents listed in section (V. Lender Requirements) below. (HCD requirement) The homebuyer will be issued a Commitment Letter review and approval of all required submitted documents. The Commitment Letter will expire 6 months from the date of issuance. At the time of application, the homebuyer cannot have ownership in any property. The housing ratio ("front end ratio") must fall between 28%-32% The total debt ratio ("back end ratio") may not exceed 45% V. Lender Requirements: The Lender will be required to submit the following to HCD: o Loan Estimate Form o Lender conditional loan approval o Signed and dated 1003 o Copy of the credit report obtained by the Lender o Escrow Earnest Money Contract (sales price cannot exceed $162,000) o Six months of the most recent bank statements o VOE (verification of employment) o Paycheck stubs for past 3 months; (HCD requirement) o Proof of child support; print out from the Office of the Attomey General o Copy of the divorce decree- if applicable o Tax transcripts from the past two years o Government issued identification for all purchasing household members o Copy of social security card of alt members of the household o Copy of the Homebuyer Education Certificate (no older than on year from date of issue) o Proof of U.S. citizenship or if a resident alien, must provide both a Social Security card o Underwriter Summary (1008) — to be provided prior to HCD issuing the Commitment Letter o Appraisal (that shows `As -Is' value) o Title Commitment showing the 1St and 2nd Liens (upon final loan approval) o Closing Disclosure (upon final loan approval) Page 6 of 8 VI. Title Company Requirements: HCD will give the approval for closing and will wire funds to the Title Company. The Title Company will provide to HCD the original signed promissory note, the recorded City of Corpus Christi Deed of Trust, Recorded Warranty Deed, Final signed Closing Disclosure, Insurance Binder which shows all liens, and the Title Policy which shows HCD as a lien holder. The Title Company will be responsible for ensuring that all documents are complete and correct. Page 7 of 8 INCOME LIMITS (80% of MEDIAN INCOME) FAMILY SIZE 1 2 3 4 5 6 7 8 ANNUAL INCOME 32,500 37,200 41,850 46,500 50,250 53,950 57,700 61,400 Revised 3/28/2016* Income limits are established by HUD and are sub ect to change without notice Page 8 of 8 AGENDA MEMORANDUM Future item for the City Council meeting of August 9, 2016 Action Item for the City Council meeting of August 16, 2016 DATE: TO: FROM: July 29, 2016 Margie C. Rose, City Manager Tom Tagliabue, Director, Intergovernmental Relations tomtag@cctexas.com 361.826.3850 Resolution to sponsor a policy resolution for the Texas Municipal League Resolutions Committee to support Defense Economic Adjustment Assistance Grant (DEAAG) program CAPTION: Resolution authorizing the City of Corpus Christi to sponsor a policy resolution for the Texas Municipal League Resolutions Committee recommending the 85th Texas Legislature appropriate $60 million for the Fiscal Years 2018-2019 biennium for the State of Texas to the Defense Economic Adjustment Assistance Grant (DEAAG) program. PURPOSE: Ensure the issue of DEAAG funding is supported again during the 85th Texas Legislature by the TML, one of the top advocacy organizations in Texas. BACKGROUND AND FINDINGS: The Texas Municipal League (TML) will hold its annual convention October 4-7, 2016, in Austin. During the convention the TML Policy Committee will consider policy positions for the TML to take during the upcoming 85th Regular Session of the Texas Legislature in 2017. According to TML rules, resolutions for consideration at the Annual Conference must be submitted to the TML headquarters 45 calendar days prior to the first day of the Annual Conference. For 2016, this provision means that resolutions from any member city, TML region, or TML affiliate must arrive at the TML headquarters no later than 5:00 p.m. on August 22, 2016. The Texas Mayors of Military Communities is not a TML affiliate organization, so it is unable to submit this topic for TML to consider. As a founding member of the TMMC, the City of Corpus Christi is agreeing to sponsor this resolution and is seeking the support of other TMMC member cities. During the 84th Texas Legislative Session, a total of $30 million was appropriated to the DEAAG program. In 2015 and 2016, the Governor's office through the Texas Military Preparedness Commission held two rounds of applications. A total of nine projects from seven Texas defense communities were awarded DEAAG funds. In every round, demand for funding far exceeded available funds. ALTERNATIVES: 1. Take no action - Do not adopt the resolution 2. Allow another Texas municipality to sponsor the resolution OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends approval of the resolution. LIST OF SUPPORTING DOCUMENTS: Resolution TML Resolution Cover Sheet RESOLUTION Authorizing the City of Corpus Christi to sponsor a policy resolution for the Texas Municipal League Resolutions Committee recommending the 85th Texas Legislature appropriate $60 million for the Fiscal Years 2018-2019 biennium for the State of Texas to the Defense Economic Adjustment Assistance Grant (DEAAG) program. WHEREAS, the 15 major Army, Navy, Air Force, and National Guard installations throughout Texas are vital to national security and the State of Texas; and WHEREAS, the Texas Comptroller's recent study proved Texas 15 major military installations generate $136.4 billion in economic activity and $81.3 billion in gross domestic product each year, supporting more than 800,000 Texas jobs and $48 billion in personal income for our citizens; and WHEREAS, Texas has unencumbered airspace, ground maneuver space, and open water for training of all branches of service with virtually every weapon system as well as some of the most diverse topography for excellent training scenarios, the weather provides for the ability to train year round and deployments from Texas installations are efficient due to airfields, road systems, and rail transportation to ports in the state and, finally, the cost of living at Texas installations are some of the lowest in the country; and WHEREAS, these military installations are also part of the fabric of many communities and are a source of great pride, provide skilled workforce, add to population growth, and have significant economic impact; and WHEREAS, the 84th Texas Legislature appropriated $30 million in Fiscal Years 2016-2017 to the Texas Military Preparedness Commission Defense Economic Adjustment Assistance Grant fund to assist defense communities that have been, or may potentially be, impacted by a past or future Base Realignment and Closure (or BRAC) action, to obtain economic assistance to mitigate or prevent or otherwise positively affect their local economy through funded projects; and WHEREAS, the FY 16-17 appropriation was sufficiently to fund only nine projects in seven communities in the first two rounds of DEAAG awards, and the demand for funding far exceeded available funds with approximately 26 total applications valued at more than $72 million were submitted during the first two rounds. NOW, THEREFORE, BE IT RESOLVED, that the City of Corpus Christi hereby recommend the 85th Texas Legislature appropriate $60 million for the Fiscal Years 2016-2017 biennium for the State of Texas to Defense Economic Adjustment Assistance Grant program. AND BE IT FURTHER RESOLVED, that the City of Corpus Christi, hereby recommend that the Texas Municipal League (TML) adopt a resolution at the 2016 TML Annual Conference in Austin recommending the introduction and passage of the General Appropriations Act for FYs 2018-2019 that includes increased DEAAG funding. 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 Corpus Christi, Texas of , 2016 The above resolution was passed by the following vote: Nelda Martinez Carolyn Vaughn Brian Rosas Lucy Rubio Colleen McIntyre Rudy Garza Michael T. Hunter Chad Magill Mark Scott Sponsoring Entity: Brief Background: 2016 TML RESOLUTION COVER SHEET City of Corpus Christi (City, TML Affiliate, and/or TML Region) The Defense Economic Adjustment Assistance Grant (DEAAG) Program, created in 1997, is an infrastructure grant program designed to assist defense communities that have been positively or negatively impacted by a change in defense contracts or an announced change as well as to proactively support installations in the event of a change or announced change by the Department of Defense. TML's Legislative Agenda in 2015 supported funding for DEAAG, but did not specify a funding level. What the Resolution is Intended to Accomplish: Recommend the 85th Texas Legislature continue to appropriate funding to invest in preserving jobs and economic sustainability of Texas military installations through the DEAAG program from the current $30 million in the FY 16-17 biennium to $60 million in the FY 18-19 biennium. In the first two rounds of DEAAG awards, only nine projects in seven communities received grant funding. Approximately 26 total applications valued at more than $72 million were submitted. How the Resolution is City-Related/How it Addresses a Municipal Issue: Cities provide numerous services to Texas military installations and thus are the primary recipients of DEAAG funds. With 15 bases in Texas, these communities have much at risk if a base is threatened through the Base Realignment and Closure process or sequestration. Statewide Importance: The Texas Comptroller recently reported: "Our 15 major military installations generate $136.4 billion in economic activity and $81.3 billion in gross domestic product each year, supporting more than 800,000 Texas jobs and $48 billion in personal income for our citizens." Submitted By: Name: Nelda Martinez Title: Mayor City: Corpus Christi Email: neldam@cctexas.com Telephone: 361/826-3100 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of August 9, 2016 Second Reading for the City Council Meeting of August 16, 2016 DATE: July 19, 2016 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at 2002 and 2020 Ramfield Road CAPTION: Case No. 0716-01 The Estate of Joan Wakefield Urban: A change of zoning from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "IL" Light Industrial District on Tract 1 and from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -22" Single -Family 22 District on Tract 2. Tract 1 is described as being 4.64 acres and Tract 2 being 23.59 acres with both tracts being out of Lots 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast corner of Roscher Road and Ramfield Road. PURPOSE: The purpose of this item is to bring an existing indoor/outdoor kennel into compliance with the current zoning regulations and allow half -acre single-family residential lots. RECOMMENDATION: Planning Commission and Staff Recommendation (July 13, 2016): Tract 1: Denial of the change of zoning from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "IL" Light Industrial District and, in lieu thereof, approval of the "RS-22/SP" Single -Family 22 District with a Special Permit subject to the following conditions: 1. Uses: The only uses authorized by this Special Permit other than uses permitted in the base zoning district is an indoor/outdoor kennel limited to 17,000 square feet and 225 animals of which no more than 150 animals shall be dogs. 2. Lighting: New freestanding light poles on the Property shall not exceed 15 feet in height. The Owner shall comply with all other UDC lighting requirements. Any nonconforming freestanding lights existing on the Property shall comply with these regulations upon being replaced in their entireties. 3. Signage: The Property shall be permitted to have one freestanding sign on Roscher Road and one freestanding sign Ramfield Road. The signs shall be no taller than six feet in height with a sign face no larger than nine square feet. 4. Dumpster Screening: Any dumpster located on the Property shall be located a minimum of 40 feet from Roscher Road and Ramfield Road and shall be effectively screened from view using shrubs and/or trees. 5. Time Limit: In accordance with the UDC, this Special Permit shall expire 12 months after approval unless a certificate of UDC compliance has been issued. The Special Permit shall expire if the special permit use is discontinued for more than six consecutive months. Tract 2: Approval of the change of zoning from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -22" Single -Family 22 District. Vote Results For: 8 Against: 0 Absent: 1 BACKGROUND AND FINDINGS: As detailed in the attached report, on Tract 1 the applicant is requesting a rezoning from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "IL" Light Industrial District to bring an existing dog kennel with outdoor dog runs into compliance with the Unified Development Code (UDC). Kennels are not allowed in the "RS -6" District. While indoor kennels are allowed in the "FR" Farm Rural District, outdoor kennels are not. The minimum zoning required for an outdoor kennel is the "IL" District. The applicant is agreeable to a Special Permit in lieu of the "IL" District. On Tract 2, the applicant is requesting a rezoning from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -22" Single -Family 22 District for future development of single-family dwellings on lots of no less than 22,000 square feet. In staffs opinion, a reasonable solution to allowing an existing use to conform and to protect the future development of the neighborhood is rezoning with a Special Permit for Tract 1. The proposed rezoning is generally consistent with the Comprehensive Plan goals of following Navy land use guidelines for Accident Potential Zones 1 and 2. A large portion of Tract 2 is currently zoned "RS -6" Single -Family 6 District, which allows up to 7.26 units per acre. Rezoning Tract 2 to the "RS -22" Single -Family 22 District substantially improves the City's compliance with the Navy recommended land uses by limiting density to one dwelling unit per half -acre. Rezoning Tract 2 to the minimum half -acre lot size ("RS -22" District) is consistent with City infrastructure availability as there is no current feasible access to City wastewater and one-half acres is the minimum lot size required for on-site waste disposal systems. The Special Permit on Tract 1 meets all of the review criteria required by UDC Article 3.6.3. The applicant is in agreement with the staff and Planning Commission's recommendation. ALTERNATIVES: 1. Deny the request. 2. Modify the conditions of the Special Permit. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Flour Bluff Area Development Plan. The applicant's request for the "RS -22" District is consistent with the Future Land Use Map on that portion of Tract 2 along Roscher Road where it is designated for future Low Density Residential uses. Although the applicant's request for the "IL" Light Industrial District on Tract 1 and "RS -22" District on the portion of Tract 2 on Ramfield Road is not consistent with the designation of Low Density Residential and Agricultural/Rural uses respectively in the Future Land Use Plan, the rezoning is generally consistent with the Flour Bluff Area Development Plan's goals to encourage development that is consistent with the Navy's Accident Potential Zone land use guidelines. While a Light Industrial use is not appropriate for this neighborhood, a Special Permit allowing the kennel use and creating compatibility with the neighborhood would comply with the City's Comprehensive Plan and Flour Bluff Area Development Plan while also meeting the land use goals of the Joint Land Use Study. 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 -SP Ordinance -IL Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by The Estate of Joan Wakefield Urban ("Owner"), by changing the UDC Zoning Map from the "FR" Farm Rural District and the "RS -6" Single -Family 6 District to the "RS-22/SP" Single -Family 22 District with a Special Permit in reference to Tract 1 and to the "RS -22" Single -Family 22 District in reference to Tract 2, Tract 1 being 4.64 acres and Tract 2 being 23.59 acres with both tracts being out of Lots 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, 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 Estate of Joan Wakefield Urban ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 13, 2016, during a meeting of the Planning Commission when the Planning Commission recommended denial of the change of zoning on Tract 1 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "IL" Light Industrial District and, in lieu thereof, approval of the "RS-22/SP" Single -Family 22 District with a Special Permit, and approval of the change of zoning on Tract 2 from the "RS -6" Single - Family 6 District and "FR" Farm Rural District to the "RS -22" Single -Family 22 District, and on Tuesday, August 9, 2016, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application by The Estate of Joan Wakefield Urban ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS-22/SP" Single -Family 22 District with a Special Permit on Tract 1 and to the "RS -22" Single -Family 22 District on Tract 2, Tract 1 being 4.64 acres and Tract 2 being 23.59 acres with both tracts being out of Lots 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast corner of Roscher Road and Ramfield Road (Zoning Map No. 039032), as shown in Exhibits "A", "B", "C", "D" and "E". Exhibits A and C, which are metes and bounds descriptions of Tracts 1 and 2 respectively, Exhibits B and D, which are maps to accompany the metes and bounds descriptions of Tracts 1 and 2 respectively, and Exhibit E, which is a site plan of Tract 1, 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 for Tract 1 in Section 1 of this ordinance is subject to the Owner meeting the requirements of Exhibit E and the following conditions: 1. Uses: The only uses authorized by this Special Permit other than uses permitted in the base zoning district is an indoor/outdoor kennel limited to 17,000 square feet and 225 animals of which no more than 150 animals shall be dogs. 2. Lighting: New freestanding light poles on Tract 1 shall not exceed 15 feet in height. The Owner shall comply with all other UDC lighting requirements. Any nonconforming freestanding lights existing on Tract 1 shall comply with these regulations upon being replaced in their entireties. 3. Signage: Tract 1 shall be permitted to have one freestanding sign on Roscher Road and one freestanding sign Ramfield Road. The signs shall be no taller than six feet in height with a sign face no larger than nine square feet. 4. Dumpster Screening: Any dumpster located on the Property shall be located a minimum of 40 feet from Roscher Road and Ramfield Road and shall be effectively screened from view using shrubs and/or trees. 5. Time Limit: In accordance with the UDC, this Special Permit shall expire 12 months after approval unless a certificate of UDC compliance has been issued. The Special Permit shall expire if the special permit use is discontinued for more than six consecutive months. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. The City's Future Land Use Map, an element of the Comprehensive Plan, is amended to designate Tracts 1 and 2 for low density residential 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_ Special Permit Page 3 of 3 uRsaN ENGINEERING Exhibit A 4.64 Acres Zoning Tract STATE OF TEXAS COUNTY OF NUECES 2 Job No. 11403.B6.00 February 26, 2016 Rev.: June 20, 2016 Fieldnotes, for a 4.64 Acre Tract of Land, of Lots 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, of the Map Records of Nueces County Texas; said 4.64 Acre Tract being more fully described by metes and bounds as follows: Commencing, at the centerline intersection of Ramfield Road and Roscher Road, public roadways, being the Southwest comer of the said Lot 32; Thence, North 29°00'00" East, with the centerline of the said Roscher Road, the West line of the said Lot 32, 45.00 Feet; Thence, South 61°00'00" East, departing the said centerline of Roscher Road and the West line of the said Lot 32, 40.00 Feet to the Point of Beginning, and for a Southwest corner of this Tract; Thence, with the West boundary of this Tract as follows: • North 29°00'00" East, 91.50 Feet; • South 61°00'00" East, 65.30 Feet; • North 84°09'44" East, 128.85 Feet; • North 48°26'04" East, 254.05 Feet; • North 34°08'29" East, 126.44 Feet; • North 57°57'47" East, 449.62 Feet, for the North corner of this Tract; Thence, South 61°00'00" East, 193.70 Feet for the Northeast comer of this Tract; Thence, with the East boundary of this Tract follows: • South 29°00'00" West, 365.57 Feet; • South 68'05'10" West, 230.86 Feet; • North 68°59'44" West, 240.60 Feet; • South 87°35'32" West, 10.02 Feet; • South 48°26'04" West, 219.80 Feet; • South 84°09'44" West, 140.52 Feet; • South 29°00'00" West, 68.00 Feet; S:ISurveying1114031B6001OFFICEIMETES AND BOUNDSIFN_11403B600 20160225.docx Page 1 oft (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE, Firm # 145 • TBPLS Firm # 10032400 Exhibit A FAX (361)854-6001 Thence, North 61°00'00"West, 82.51 Feet, for a Southwest corner of this Tract and for the beginning of a circular curve to the Right, having a Radius of 15.00 Feet, a delta of 90°00'00", an arc length of 23.56 Feet, a chord which bears North 16°00'00" West, 21.21 Feet; Thence, with the said circular curve to the Right, an arc length of 23.56 Feet, to the Point of Beginning and containing 4.64 Acres (202,058 SOFt) of Land, more or fess; Bearings based on the recorded plat of Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, of the Map Records of Nueces County Texas Unless this fieldnotes 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 o Exhibit A James D. Carr, R.P.L.S. License No. 6458 S:1Surveyingl39320\B5071OFFICE\METES AND BOUNDSIFN_3932OB507.docx Page 2 oft (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE, Firm # 145 • TBPLS Firm # 10032400 FAX (361)854-6001 /6',0 eri Qose /79 Cayo Del Oso �� '')90- ?`() w County of Nueces cz- Corpus Christi, Texas 0 Location Map: N.T.S. CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH C1 90'00'00" 15.00' 23.56' 15.00' N 16'00'00"W 21.21' LINE BEARING DISTANCE L1 N29'00'00"E 45.00' L2 S61'00'00"E 40.00' L3 N29'00'00"E 91.50' L4 S61'00'00"E 65.30' L5 N84'09'44"E 128.85' L6 N48'26'04"E 254.05' L7 N34'08'29"E 126.44' L8 S87'35'32"W 10.02' L9 S48'26'04"W 219.80' L10 S84'09'44"W 140.52' L11 S29'00'00"W 68.00' L12 N61'00'00"W 82.51' 0 Lot 32, Section 39 Flour Bluff and Encinal Farm and Garden Tracts Vol. A, Pgs. 41 —43, Map Records of Nueces County, Texas (Owner: Joan Urban) S6 (Vol. 2256, Pg. 108, D.R.N.C.T. 'L W010 F Ic :r 40 444 r, L10 f eo / / / Sketch to Accompany FIELDNOTES for a 4.64 Acre Tract of Land of Lots 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A Pages 41-43, Map Records of Nueces County, Texas. URBAN ENGINEERING TBPE FIRM NO. 145, TBPLS FIRM NO. 10032400 2725 SWANTNER DR, CORPUS CHRIST, TX 78404 PHONE: 361.854.3101 WWW.URBANENG.COM Exhibit B Lot 31, Section 39 Flour Bluff and Encinal Farm and Garden Tracts Vol. A, Pgs. 41 —43, Map Records of Nueces County, Texas (Owner: Joan Urban) (Vol. 2256, Pg. 108, D.R.N.C.T.) Exhibit B DATE: Feb. 24, 2016 SCALE: 1"=200' JOB NO.: 11403.86.00 SHEET: 1 of 1 DRAWN BY: XG urbansurveyl urbaneng.com 0 2016 by Urban Engineering Y RBAN ENGINEERING _ Job No. 11403.B6.00 Exhibit C June 1, 2016 23.59 Acres Rev.: June 20, 2016 Zoning Tract STATE OF TEXAS COUNTY OF NUECES Fieldnotes, for a 23.59 Acre Tract of Land, being a portion of Lots 31 and 32, Section 39, Flour Bluff and Encina) Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records ofNueces County, Texas; the said 23.59 Acre Tract being more fully described by metes and bounds as follows: Beginning, at the intersection of the centerline of Ramf eld Road, a public roadway and the centerline of Roscher Road, a public roadway, for the West corner of the said Lot 32 and this Tract; Thence, North 29°00'00" East, with the centerline of the said Roscher Road and the Northwest boundary line of the said Lot 32, 1320.00 Feet, for the North corner of the said Lot 32 and this Tract; Thence, South 61°00'00" East, departing the said centerline of Roscher Road, with the North boundary line of the said Lot 32, 660.00 Feet, to the North corner of the said Lot 31, for the East comer of the said Lot 32 and this Tract; Thence, South 29°00'00" West, with the Northwest boundary line of the said Lot 31 and the Southeast boundary line of the said Lot 32, 351.00 Feet, for a comer of this Tract; Thence, over and across the said Lots 31 & 32, with the boundary of this Tract as follows: • North 61°00'00" West, 145.45 Feet; • South 57°57'47" West, 449.62 Feet; • South 34°08'29" West, 126.44 Feet; • South 48°26'04" West, 254.05 Feet; • South 84°09'44" West, 128.85 Feet; • North 61°00'00" West, 65.30 Feet; • South 29°00'00" West, 91.50 Feet for a comer of this Tract and for the beginning of a circular curve to the Left, having a Radius of 15.00 Feet, a delta of 90°00'00", an arc length of 23.56 Feet, a chord which bears South 16°00'00" East, 21.21 Feet; • With the said circular curve to the Left, 23.56 Feet; • South 61°00'00" East, 82.51 Feet; • North 29°00'00" East, 68.00 Feet; • North 84°09'44" East, 140.52 Feet; • North 48°26'04" East, 219.80 Feet; • North 87°35'32" East, 10.02 Feet; • South 68°59'44" East, 240.60 Feet; Thence, North 68°05'10 East, 230.86 Feet, for a corner of this Tract; S:ISurveying1114031B6001OFFICEIMETES AND BOUNDSIFN11403B600 23.59Ac.docx Page 1 01'2 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE, Firm # 145 • TBPLS Firm # 10032400 Exhibit C FAX (361)854-6001 Thence, North 29°00'00" East, 28.92 Feet, for a corner of this Tract; Thence, South 39°03'57" East, 659.38 Feet, to the Northwest boundary line of a 20 Acre Tract described in a Warranty Deed from Stacy Barton, to William J. Granberry and Christy Granberry, as recorded in Document No. 2005012908, said Official Public Records, for the East corner of the said Lot 31 and of this Tract; Thence, South 29°00'00" West, with the Northwest boundary line of the said 20.00 Acre Tract and the Southeast boundary line of the said Lot 31, 386.05 Feet, to the centerline of the said Ramfield Road, being the South corner of the said Lot 31 and of this Tract; Thence, North 61°00'00" West, with the centerline of the said Ramfield Road and the Southwest boundary line of the said Lots 31 and 32, 1320.00 Feet, to the Point of Beginning, containing 23.59 Acres (1,027,451 Sq. Ft.) of Land, more or less; Bearings based on the recorded plat of Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, of the Map Records of Nueces County Texas and does not represent an on the ground survey. Unless this fieldnotes 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 describe James D. Carr, R.P.L.S. License No. 6458 S:1Surveyingll 14031136001OFFICEIMETES AND BOUNDSIFN_1140311600_35.36Ac.docx Page 2 of 2 (361)854-3101 2725 SWANTNER DR. a CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE, Firm # 145 • TBPLS Firm # 10032400 Exhibit C FAX (361)854-6001 34.19 ACRES OUT OF LOT 17 SECTION 39 F.B.&E.F.&G.T. G.O. RANCH LTD. S61'00'00'E 660.00' 10 ACRES OUT OF W/2 OF LOT 18, SECTION 39 FB&E.F.&G.T. G.O. RANCH LTD. 10 ACRES OUT OF E/2 OF LOT 18, SECTION 39 FB&E.F.&G.T. G.O. RANCH LTD. 20 -- Roscher Road 0 0 0 Nom' Richland Drive W 0 0 0 b N r --Z T O Q JJ -c C11 0 "Point Beginni 9 13gFo<� se- c •,,,0\ \-0\- Go<ae \ co`3'<\ F\ov o°a 9 c3 ece \<`o• . P'J°°<\6?), eco<do��� 6 P°). L1 0�J L5 S62 60 ME 40' Right -of -Way 0 0 o '°� �° Foto O'(<<\ 0 1 Sa °�c'_So'SD os � Go<aeGo\->'<ac\) G N r ov< and P °s ce o� \ P e co<dscO•G6 Qc. de c J 23.59 Acres (1,027,451 Sq. Ft.) 20' r z ~ m Lu cn 0 0 �• �i¢ UW Q� w N r m . er 0 - J J J 1) 0 co co 0 0 C1 N N Lot L' Section N61'00'00'W 1320.00' Ramfield Line Road CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH C1 90'00'00" 15.00' 23.56' 15.00' N 16'00'00"W 21.21' LINE BEARING DISTANCE L1 N61'00'00"W 145.35' L2 S34'08'29"W 126.44' L3 S48'26'04"W 254.05' L4 S84'09'44"W 128.85' L5 N61'00'00"W 65.30' L6 S29'00'00"W 91.50' L7 S61'00'00"E 82.51' L8 N29'00'00"E 68.00' L9 N84'09'44"E 140.52' L10 N48'26'04"E 219.80' L11 N87'35'32"E 10.02' L12 N29'00'00"E 28.92' Exhibit D Sketch to Accompany FlELDNOTES for a 23.59 Acre Tract of Land. being a portion of Lots 31 and 32. Section 39. Flour Bluff and Encina) Farm and Garden Tracts. a map of which is recorded in Volume A. Pages 41-43, Map Records of Nueces County. Texas. ENGINEERING URBAN TBPE FIRM NO. 145, TBPLS FIRM NO. 10032400 2 725 SWANTNER DR CORPUS CHRIST, 7X 78404 PHONE 361.854.3101 WWW.UR84NENG.COM Q 0 100 200 GRAPHIC SCALE 1 "=200' DATE: June 7, 2016 DATE: May 31, 2016 SCALE: 1 =200' JOB NO.: 11403.86.00 SHEET: 1 of 2 DRAWN BY: RLG urbansurveyl urbaneng.com 0 2016 by Urban Engineering Exhibit D S:\Surveying\11403\8600\Ex11403B600-RS-22.dwg, 6/7/2016 3:09:01 PM, DWG To PDF.pc3 Exhibit E S:\Surveying\11403\6600\Siteplan.dwg, 7/7/2016 2:03:14 PM, DWG To PDF.pc3 Cayo Del Oso County of Nueces Corpus Christi, Texas Qom /�o (40r v� Z /11) /7,c> � !p. Sow 00,x. % �'5% eq7 a 2 r�•e Q� �a90 o j Si \?-‘)Qo'' .--� �o� 1 0`4 ( Rq�f go' 'Qoq a Location Map: N.T.S. CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH C1 90'00'00" 15.00' 23.56' 15.00' N16'00'00'W 21.21' LINE BEARING DISTANCE , Lot 32, Section 39 L1 N29'00'00"E 45.00' `Q. Flour Bluff and Encinal Farm / SYR�' L2 S61'00'00'E 40.00' j and Garden Tracts L3 N29'00'OO"E 91.50' Vol. A, Pgs. 41-43, Map � L4 S61'00'00'E 65.30' Records of Nueces County, Texas \c R% L5 N84'09'44'E 128.85' c., cfjj0 (Owner: Joan Urban) 6 L6 N48'26'04"E 254.05' 0j�,� ha► (Vol. 2256, Pg. 108, D.R.N.C.T.� 1"U L7 N34'08'29'E 126.44' @ ri, 193 j0' L8 S87'35'32'W 10.02' So,p�. 0 4% L9 S48'26'04'W 219.80' )-• �. c fk� Boarding L10 S84'09'44'W 140.52' ^o / III, L11 L1 1 S29'00'00'W 68.00' o , Kennels / L12 N61'00'00"W 82.51' " r�j1 10 � / Oy M o� 4%.1:�o ��e�5 G u �s t o OL0 Q�. � ^ \__e,9{�se y1 o _° , o o/ 4.64 Acres O v (2(202,05880�ry0 / 6 Ao sP 045 A 60 2 /� Lot 31, Section 39 L10 / Flour Bluff and Encinal Farm ` and Garden Tracts C v / Vol. A, Pgs. 41-43, Map Records of Nueces County, Texas 1 (Owner: Joan Urban) / (Vol. 2256, Pg. 108, D.R.N.C.T.) dinof e / v�,e/a R ov / C sect ah he Site Plan for a 4.64 Acre Tract of Land of Lots DATE: Feb. 24, 2016 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, — I URBAN SCALE: 1"=200' JOB NO.: 11403.B6.00 a map of which is recorded in Volume A Pages 41-43, MapRecords 9 — ENGINEERING LTBPE FIRM NO. 145, TORP FIRM NO. 10032400 2725 N . DR,5 CORPUS NO. 76404 SHEET: 1 of 1 �T DRAWN B 1 : XG of Nueces County, Texas. PHONE 361.854.3101 WWw.URBANENG.COM urbansurvey1 urbaneng.com 0 2016 by Urban Engineering Exhibit E S:\Surveying\11403\6600\Siteplan.dwg, 7/7/2016 2:03:14 PM, DWG To PDF.pc3 Ordinance amending the Unified Development Code ("UDC"), upon application by The Estate of Joan Wakefield Urban ("Owner"), by changing the UDC Zoning Map from the "FR" Farm Rural District and the "RS -6" Single -Family 6 District to the "IL" Light Industrial District in reference to Tract 1 and to the "RS -22" Single -Family 22 District in reference to Tract 2, Tract 1 being 4.64 acres and Tract 2 being 23.59 acres with both tracts being out of Lots 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, 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 Estate of Joan Wakefield Urban ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 13, 2016, during a meeting of the Planning Commission when the Planning Commission recommended denial of the change of zoning on Tract 1 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "IL" Light Industrial District and, in lieu thereof, approval of the "RS-22/SP" Single -Family 22 District with a Special Permit, and approval of the change of zoning on Tract 2 from the "RS -6" Single - Family 6 District and "FR" Farm Rural District to the "RS -22" Single -Family 22 District, and on Tuesday, August 9, 2016, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application by The Estate of Joan Wakefield Urban ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "IL" Light Industrial District on Tract 1 and to the "RS -22" Single -Family 22 District on Tract 2, Tract 1 being 4.64 acres and Tract 2 being 23.59 acres with both tracts being out of Lots 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast corner of Roscher Road and Ramfield Road (Zoning Map No. 039032), as shown in Exhibits "A", "B", "C", "D" and "E." Exhibits A and C, which are metes and bounds descriptions of Tracts 1 and 2 respectively, Exhibits B and D, which are maps to accompany the metes and bounds descriptions of Tracts 1 and 2 respectively, and Exhibit E, which is a site plan of Tract 1, 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 on Tract 1 and low density residential 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. Ordinance - IL 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 - IL Page 3 of 3 uRsaN ENGINEERING Exhibit A 4.64 Acres Zoning Tract STATE OF TEXAS COUNTY OF NUECES 2 Job No. 11403.B6.00 February 26, 2016 Rev.: June 20, 2016 Fieldnotes, for a 4.64 Acre Tract of Land, of Lots 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, of the Map Records of Nueces County Texas; said 4.64 Acre Tract being more fully described by metes and bounds as follows: Commencing, at the centerline intersection of Ramfield Road and Roscher Road, public roadways, being the Southwest comer of the said Lot 32; Thence, North 29°00'00" East, with the centerline of the said Roscher Road, the West line of the said Lot 32, 45.00 Feet; Thence, South 61°00'00" East, departing the said centerline of Roscher Road and the West line of the said Lot 32, 40.00 Feet to the Point of Beginning, and for a Southwest corner of this Tract; Thence, with the West boundary of this Tract as follows: • North 29°00'00" East, 91.50 Feet; • South 61°00'00" East, 65.30 Feet; • North 84°09'44" East, 128.85 Feet; • North 48°26'04" East, 254.05 Feet; • North 34°08'29" East, 126.44 Feet; • North 57°57'47" East, 449.62 Feet, for the North corner of this Tract; Thence, South 61°00'00" East, 193.70 Feet for the Northeast comer of this Tract; Thence, with the East boundary of this Tract follows: • South 29°00'00" West, 365.57 Feet; • South 68'05'10" West, 230.86 Feet; • North 68°59'44" West, 240.60 Feet; • South 87°35'32" West, 10.02 Feet; • South 48°26'04" West, 219.80 Feet; • South 84°09'44" West, 140.52 Feet; • South 29°00'00" West, 68.00 Feet; S:ISurveying1114031B6001OFFICEIMETES AND BOUNDSIFN_11403B600 20160225.docx Page 1 oft (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE, Firm # 145 • TBPLS Firm # 10032400 Exhibit A FAX (361)854-6001 Thence, North 61°00'00"West, 82.51 Feet, for a Southwest corner of this Tract and for the beginning of a circular curve to the Right, having a Radius of 15.00 Feet, a delta of 90°00'00", an arc length of 23.56 Feet, a chord which bears North 16°00'00" West, 21.21 Feet; Thence, with the said circular curve to the Right, an arc length of 23.56 Feet, to the Point of Beginning and containing 4.64 Acres (202,058 SOFt) of Land, more or fess; Bearings based on the recorded plat of Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, of the Map Records of Nueces County Texas Unless this fieldnotes 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 o Exhibit A James D. Carr, R.P.L.S. License No. 6458 S:1Surveyingl39320\B5071OFFICE\METES AND BOUNDSIFN_3932OB507.docx Page 2 oft (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE, Firm # 145 • TBPLS Firm # 10032400 FAX (361)854-6001 /6',0 eri Qose /79 Cayo Del Oso �� '')90- ?`() w County of Nueces cz- Corpus Christi, Texas 0 Location Map: N.T.S. CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH C1 90'00'00" 15.00' 23.56' 15.00' N 16'00'00"W 21.21' LINE BEARING DISTANCE L1 N29'00'00"E 45.00' L2 S61'00'00"E 40.00' L3 N29'00'00"E 91.50' L4 S61'00'00"E 65.30' L5 N84'09'44"E 128.85' L6 N48'26'04"E 254.05' L7 N34'08'29"E 126.44' L8 S87'35'32"W 10.02' L9 S48'26'04"W 219.80' L10 S84'09'44"W 140.52' L11 S29'00'00"W 68.00' L12 N61'00'00"W 82.51' 0 Lot 32, Section 39 Flour Bluff and Encinal Farm and Garden Tracts Vol. A, Pgs. 41 —43, Map Records of Nueces County, Texas (Owner: Joan Urban) S6 (Vol. 2256, Pg. 108, D.R.N.C.T. 'L W010 F Ic :r 40 444 r, L10 f eo / / / Sketch to Accompany FIELDNOTES for a 4.64 Acre Tract of Land of Lots 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A Pages 41-43, Map Records of Nueces County, Texas. URBAN ENGINEERING TBPE FIRM NO. 145, TBPLS FIRM NO. 10032400 2725 SWANTNER DR, CORPUS CHRIST, TX 78404 PHONE: 361.854.3101 WWW.URBANENG.COM Exhibit B Lot 31, Section 39 Flour Bluff and Encinal Farm and Garden Tracts Vol. A, Pgs. 41 —43, Map Records of Nueces County, Texas (Owner: Joan Urban) (Vol. 2256, Pg. 108, D.R.N.C.T.) Exhibit B DATE: Feb. 24, 2016 SCALE: 1"=200' JOB NO.: 11403.86.00 SHEET: 1 of 1 DRAWN BY: XG urbansurveyl urbaneng.com 0 2016 by Urban Engineering Y RBAN ENGINEERING _ Job No. 11403.B6.00 Exhibit C June 1, 2016 23.59 Acres Rev.: June 20, 2016 Zoning Tract STATE OF TEXAS COUNTY OF NUECES Fieldnotes, for a 23.59 Acre Tract of Land, being a portion of Lots 31 and 32, Section 39, Flour Bluff and Encina) Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records ofNueces County, Texas; the said 23.59 Acre Tract being more fully described by metes and bounds as follows: Beginning, at the intersection of the centerline of Ramf eld Road, a public roadway and the centerline of Roscher Road, a public roadway, for the West corner of the said Lot 32 and this Tract; Thence, North 29°00'00" East, with the centerline of the said Roscher Road and the Northwest boundary line of the said Lot 32, 1320.00 Feet, for the North corner of the said Lot 32 and this Tract; Thence, South 61°00'00" East, departing the said centerline of Roscher Road, with the North boundary line of the said Lot 32, 660.00 Feet, to the North corner of the said Lot 31, for the East comer of the said Lot 32 and this Tract; Thence, South 29°00'00" West, with the Northwest boundary line of the said Lot 31 and the Southeast boundary line of the said Lot 32, 351.00 Feet, for a comer of this Tract; Thence, over and across the said Lots 31 & 32, with the boundary of this Tract as follows: • North 61°00'00" West, 145.45 Feet; • South 57°57'47" West, 449.62 Feet; • South 34°08'29" West, 126.44 Feet; • South 48°26'04" West, 254.05 Feet; • South 84°09'44" West, 128.85 Feet; • North 61°00'00" West, 65.30 Feet; • South 29°00'00" West, 91.50 Feet for a comer of this Tract and for the beginning of a circular curve to the Left, having a Radius of 15.00 Feet, a delta of 90°00'00", an arc length of 23.56 Feet, a chord which bears South 16°00'00" East, 21.21 Feet; • With the said circular curve to the Left, 23.56 Feet; • South 61°00'00" East, 82.51 Feet; • North 29°00'00" East, 68.00 Feet; • North 84°09'44" East, 140.52 Feet; • North 48°26'04" East, 219.80 Feet; • North 87°35'32" East, 10.02 Feet; • South 68°59'44" East, 240.60 Feet; Thence, North 68°05'10 East, 230.86 Feet, for a corner of this Tract; S:ISurveying1114031B6001OFFICEIMETES AND BOUNDSIFN11403B600 23.59Ac.docx Page 1 01'2 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE, Firm # 145 • TBPLS Firm # 10032400 Exhibit C FAX (361)854-6001 Thence, North 29°00'00" East, 28.92 Feet, for a corner of this Tract; Thence, South 39°03'57" East, 659.38 Feet, to the Northwest boundary line of a 20 Acre Tract described in a Warranty Deed from Stacy Barton, to William J. Granberry and Christy Granberry, as recorded in Document No. 2005012908, said Official Public Records, for the East corner of the said Lot 31 and of this Tract; Thence, South 29°00'00" West, with the Northwest boundary line of the said 20.00 Acre Tract and the Southeast boundary line of the said Lot 31, 386.05 Feet, to the centerline of the said Ramfield Road, being the South corner of the said Lot 31 and of this Tract; Thence, North 61°00'00" West, with the centerline of the said Ramfield Road and the Southwest boundary line of the said Lots 31 and 32, 1320.00 Feet, to the Point of Beginning, containing 23.59 Acres (1,027,451 Sq. Ft.) of Land, more or less; Bearings based on the recorded plat of Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, of the Map Records of Nueces County Texas and does not represent an on the ground survey. Unless this fieldnotes 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 describe James D. Carr, R.P.L.S. License No. 6458 S:1Surveyingll 14031136001OFFICEIMETES AND BOUNDSIFN_1140311600_35.36Ac.docx Page 2 of 2 (361)854-3101 2725 SWANTNER DR. a CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE, Firm # 145 • TBPLS Firm # 10032400 Exhibit C FAX (361)854-6001 34.19 ACRES OUT OF LOT 17 SECTION 39 F.B.&E.F.&G.T. G.O. RANCH LTD. S61'00'00'E 660.00' 10 ACRES OUT OF W/2 OF LOT 18, SECTION 39 FB&E.F.&G.T. G.O. RANCH LTD. 10 ACRES OUT OF E/2 OF LOT 18, SECTION 39 FB&E.F.&G.T. G.O. RANCH LTD. 20 -- Roscher Road 0 0 0 Nom' Richland Drive W 0 0 0 b N r --Z T O Q JJ -c C11 0 "Point Beginni 9 13gFo<� se- c •,,,0\ \-0\- Go<ae \ co`3'<\ F\ov o°a 9 c3 ece \<`o• . P'J°°<\6?), eco<do��� 6 P°). L1 0�J L5 S62 60 ME 40' Right -of -Way 0 0 o '°� �° Foto O'(<<\ 0 1 Sa °�c'_So'SD os � Go<aeGo\->'<ac\) G N r ov< and P °s ce o� \ P e co<dscO•G6 Qc. de c J 23.59 Acres (1,027,451 Sq. Ft.) 20' r z ~ m Lu cn 0 0 �• �i¢ UW Q� w N r m . er 0 - J J J 1) 0 co co 0 0 C1 N N Lot L' Section N61'00'00'W 1320.00' Ramfield Line Road CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH C1 90'00'00" 15.00' 23.56' 15.00' N 16'00'00"W 21.21' LINE BEARING DISTANCE L1 N61'00'00"W 145.35' L2 S34'08'29"W 126.44' L3 S48'26'04"W 254.05' L4 S84'09'44"W 128.85' L5 N61'00'00"W 65.30' L6 S29'00'00"W 91.50' L7 S61'00'00"E 82.51' L8 N29'00'00"E 68.00' L9 N84'09'44"E 140.52' L10 N48'26'04"E 219.80' L11 N87'35'32"E 10.02' L12 N29'00'00"E 28.92' Exhibit D Sketch to Accompany FlELDNOTES for a 23.59 Acre Tract of Land. being a portion of Lots 31 and 32. Section 39. Flour Bluff and Encina) Farm and Garden Tracts. a map of which is recorded in Volume A. Pages 41-43, Map Records of Nueces County. Texas. ENGINEERING URBAN TBPE FIRM NO. 145, TBPLS FIRM NO. 10032400 2 725 SWANTNER DR CORPUS CHRIST, 7X 78404 PHONE 361.854.3101 WWW.UR84NENG.COM Q 0 100 200 GRAPHIC SCALE 1 "=200' DATE: June 7, 2016 DATE: May 31, 2016 SCALE: 1 =200' JOB NO.: 11403.86.00 SHEET: 1 of 2 DRAWN BY: RLG urbansurveyl urbaneng.com 0 2016 by Urban Engineering Exhibit D S:\Surveying\11403\8600\Ex11403B600-RS-22.dwg, 6/7/2016 3:09:01 PM, DWG To PDF.pc3 Exhibit E S:\Surveying\11403\6600\Siteplan.dwg, 7/7/2016 2:03:14 PM, DWG To PDF.pc3 Cayo Del Oso County of Nueces Corpus Christi, Texas Qom /�o (40r v� Z /11) /7,c> � !p. Sow 00,x. % �'5% eq7 a 2 r�•e Q� �a90 o j Si \?-‘)Qo'' .--� �o� 1 0`4 ( Rq�f go' 'Qoq a Location Map: N.T.S. CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH C1 90'00'00" 15.00' 23.56' 15.00' N16'00'00'W 21.21' LINE BEARING DISTANCE , Lot 32, Section 39 L1 N29'00'00"E 45.00' `Q. Flour Bluff and Encinal Farm / SYR�' L2 S61'00'00'E 40.00' j and Garden Tracts L3 N29'00'OO"E 91.50' Vol. A, Pgs. 41-43, Map � L4 S61'00'00'E 65.30' Records of Nueces County, Texas \c R% L5 N84'09'44'E 128.85' c., cfjj0 (Owner: Joan Urban) 6 L6 N48'26'04"E 254.05' 0j�,� ha► (Vol. 2256, Pg. 108, D.R.N.C.T.� 1"U L7 N34'08'29'E 126.44' @ ri, 193 j0' L8 S87'35'32'W 10.02' So,p�. 0 4% L9 S48'26'04'W 219.80' )-• �. c fk� Boarding L10 S84'09'44'W 140.52' ^o / III, L11 L1 1 S29'00'00'W 68.00' o , Kennels / L12 N61'00'00"W 82.51' " r�j1 10 � / Oy M o� 4%.1:�o ��e�5 G u �s t o OL0 Q�. � ^ \__e,9{�se y1 o _° , o o/ 4.64 Acres O v (2(202,05880�ry0 / 6 Ao sP 045 A 60 2 /� Lot 31, Section 39 L10 / Flour Bluff and Encinal Farm ` and Garden Tracts C v / Vol. A, Pgs. 41-43, Map Records of Nueces County, Texas 1 (Owner: Joan Urban) / (Vol. 2256, Pg. 108, D.R.N.C.T.) dinof e / v�,e/a R ov / C sect ah he Site Plan for a 4.64 Acre Tract of Land of Lots DATE: Feb. 24, 2016 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, — I URBAN SCALE: 1"=200' JOB NO.: 11403.B6.00 a map of which is recorded in Volume A Pages 41-43, MapRecords 9 — ENGINEERING LTBPE FIRM NO. 145, TORP FIRM NO. 10032400 2725 N . DR,5 CORPUS NO. 76404 SHEET: 1 of 1 �T DRAWN B 1 : XG of Nueces County, Texas. PHONE 361.854.3101 WWw.URBANENG.COM urbansurvey1 urbaneng.com 0 2016 by Urban Engineering Exhibit E S:\Surveying\11403\6600\Siteplan.dwg, 7/7/2016 2:03:14 PM, DWG To PDF.pc3 Aerial Overview At N Aerial t N PLANNING COMMISSION FINAL REPORT Case No. 0716-01 HTE No. 16-10000010 Planning Commission Hearing Date: July 13, 2016 Applicant & Legal Description Applicant/Owner: The Estate of Joan Wakefield Urban Representative: James Louis Urban Legal Description/Location: Tract 1 being 4.64 acres and Tract 2 being 23.59 acres with both tracts being out of Lots 31 and 32, Section 39, located on the northeast corner of Roscher Road and Ramfield Road. Zoning Request From: Tracts 1 and 2: "RS -6" Single -Family 6 District and "FR" Farm Rural District To: Tract 1: "IL" Light Industrial; Tract 2: "RS -22" Single -Family 22 District Area: 28.23 acres total with Tract 1 being 4.64 acres and Tract 2 being 23.59 acres Purpose of Request: Tract 1: To bring an existing indoor/outdoor kennel into compliance with current zoning regulations. Tract 2: To allow single-family dwellings on lots with a minimum area of 22,000 square feet. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single- Family 6 and "FR" Farm Rural Tract 1: Kennel, Guest House, Single -Family Dwelling Tract 2: Vacant Low Density Residential and Agricultural/Rural North "RS -6" Single- Family 6 and "FR" Farm Rural Vacant Low Density Residential and Agricultural/Rural South "RS -6" Single- Family 6 and "RE" Estate Residential Vacant Low Density Residential and Estate Residential East "FR" Farm Rural Vacant Agricultural/Rural West "RE" Residential Estate Residential Estate Residential Estate Planning Commission Final Report Page 2 oo o E a o 5 Area Development Plan: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for Low Density Residential and Agricultural/Rural uses. The proposed rezoning of Tract 1 to the "IL" Light Industrial District and Tract 2 to the "RS -22" District is not consistent with the with the adopted Future Land Use Map but is generally consistent with the policies in the Flour Bluff Area Development Plan. Map No.: 039032 Zoning Violations: None Transportation Transportation and Circulation: The subject property has 1,320 feet of frontage on Roscher Road and 1,320 feet of frontage on Ramfield Road. The Urban Transportation Plan identifies Roscher Road and Ramfield Road as Residential Collectors. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Roscher Road Residential Collector 60' ROW 48' paved 45' ROW 24' paved Ramfield Road Residential Collector 60' ROW 48' paved 40' ROW 24' paved N/A N/A Staff Summary: Requested Zoning: On Tract 1, the applicant is requesting a rezoning from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "IL" Light Industrial District to bring an existing dog kennel with outdoor dog runs into compliance with the Unified Development Code (UDC). Kennels are not allowed in the "RS -6" District. While indoor kennels are allowed in the "FR" Farm Rural District, outdoor kennels are not. The minimum zoning required for an outdoor kennel is the "IL" District. The applicant is agreeable to a Special Permit in lieu of the "IL" District. On Tract 2, the applicant is requesting a rezoning from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -22" Single -Family 22 District for future development of single-family dwellings on lots of no less than 22,000 square feet. Development Plan: The applicant is not proposing any new development at this time. Tract 1 is the location of Bluff Boarding Kennels and includes a guest house and a single-family dwelling. The purpose of rezoning Tract 1 is to bring the existing business into conformity with the UDC. The main residential structure is approximately 3,700 square feet. The guest house is approximately 800 square feet and the kennels are Planning Commission Final Report Page 3 approximately 17,000 square feet, allowing the boarding of approximately 225 animals. The kennel is run by one full-time employee and three part-time employees. The normal hours the facility is open to the public is between 8:00 AM and 10:00 AM and between 4:00 PM and 5:30 PM. Bluff Boarding Kennels has 50 indoor/outdoor dog kennels with a three dogs per kennel and nine 20 -foot by 40 -foot outdoor only kennels with five dogs per kennel. The total number of dogs that can be boarded at this facility is 195-200. The purpose of rezoning Tract 2 is to prepare the vacant property for future development of single-family lots ranging in size from one to one-half acres and to bring the zoning into closer conformity with the Navy's Air Installation Compatibility Use Zones (AICUZ). Currently, there is no wastewater service to the area and the minimum lot size for on-site waste disposal systems is one-half acre lots. Existing Land Uses & Zoning: Tract 1 is occupied by a kennel, single-family dwelling and guest house. Tract 2 is vacant land. To the north is vacant land zoned "RS -6" Single -Family 6 District. To the south is vacant land zoned "RS -6" Single -Family 6 District and "RE" Residential Estate District. To the east is vacant land zoned "FR" Farm Rural District. To the west are residential estates of one acre in lot size and zoned "RE" Estate Residential District. AICUZ: The subject property is located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ), specifically in the Accident Potential Zone (APZ) 1 and APZ-2. The majority of the subject property is zoned "RS -6" Single -Family 6 District, which allows one dwelling per 6,000 square feet. The "RS -6" District is not compatible with the AICUZ. Single-family dwellings at a density of one dwelling per half -acre is considered compatible with the APZ-2. Dwellings are considered compatible land uses in the APZ-1 other than farm land where there might be an associated dwelling. The applicant is agreeing to down -zone the majority of their property to increase the land use compatibility with the AICUZ. A relatively small portion of the property would be zoned to allow residential uses in the APZ-1 and due to other limiting factors such as access to wastewater, the area within the APZ-1 is not likely to develop with residential uses. Plat Status: The subject property is not platted. Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Flour Bluff Area Development Plan. The applicant's request for the "RS -22" District is consistent with the Future Land Use Map on that portion of Tract 2 along Roscher Road where it is designated for future Low Density Residential uses. Although the applicant's request for the "IL" Light Industrial District on Tract 1 and "RS -22" District on the portion of Tract 2 on Ramfield Road is not consistent with the designation of Low Density Residential and Agricultural/Rural uses respectively in the Future Land Use Plan, the rezoning is generally consistent with the Flour Bluff Area Development Plan's goals to encourage development that is consistent with the Navy's Accident Potential Zone land use guidelines. While a Light Industrial use is not appropriate for this neighborhood, a Special Permit allowing the kennel use and creating compatibility with the neighborhood would comply with the City's Planning Commission Final Report Page 4 Comprehensive Plan and Flour Bluff Area Development Plan while also meeting the land use goals of the Joint Land Use Study. Additionally, the following are pertinent elements of the Flour Bluff Area Development Plan and Comprehensive Plan Policy Statements that warrant consideration: • Comprehensive Plan Policy Statements on Land Use, General f. The density of development in an area should be directly related to the design capacity of the infrastructure. • Comprehensive Plan Policy Statements on Land Use, Residential a. Each neighborhood of the city shall be protected and/or improved so as to be desirable and attractive residential environment. • Comprehensive Plan Policy Statements on Land Use, h: Encourage infill development on vacant tracts within developed areas. • Comprehensive Plan Policy Statements on Economic Development, Military Installations d. City policies concerning areas adjacent to military airports should be consistent with air installation compatibility use zones (AICUZ). • Flour Bluff Area Development Plan, Policy Statement B.5 The City encourages development that is compatible with the Naval Air Station, Waldron Field and Cabaniss Field. Department Comments: • The existing dog kennel with outdoor runs is required to be located in an "IL" District and uses allowed by right in an "IL" District are not generally compatible with residential neighborhoods due to noise, dust, odor, etc. • In staff's opinion, a reasonable solution to allowing an existing use to conform and to protect the future development of the neighborhood is rezoning with a Special Permit for Tract 1. • The proposed rezoning is generally consistent with the Comprehensive Plan goals of following Navy land use guidelines for Accident Potential Zones 1 and 2. • A large portion of Tract 2 is currently zoned for with "RS -6" Single -Family 6 District, which allows up to 7.26 units per acre. Rezoning Tract 2 to the "RS -22" Single - Family 22 District substantially improves the City's compliance with the Navy recommended land uses by limiting density to one dwelling unit per half -acre. • Rezoning Tract 2 to the minimum half -acre lot size ("RS -22" District) is consistent with City infrastructure availability as there is no current feasible access to City wastewater and one-half acres is the minimum lot size required for on-site waste disposal systems. Rezoning Tract 2 to the "RS -22" District also is compliant with the APZ-2 land use guidelines. • The Special Permit request meets all of the review criteria required by UDC Article 3.6.3. Planning Commission and Staff Recommendation: Tract 1: Denial of the change of zoning from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "IL" Light Industrial District and, in lieu thereof, approval of the "RS-22/SP" Single -Family 22 District with a Special Permit subject to the following conditions: Planning Commission Final Report Page 5 1. Uses: The only uses authorized by this Special Permit other than uses permitted in the base zoning district is an indoor/outdoor kennel limited to 17,000 square feet and 225 animals of which no more than 150 animals shall be dogs. 2. Lighting: New freestanding light poles on the Property shall not exceed 15 feet in height. The Owner shall comply with all other UDC lighting requirements. Any nonconforming freestanding lights existing on the Property shall comply with these regulations upon being replaced in their entireties. 3. Signage: The Property shall be permitted to have one freestanding sign on Roscher Road and one freestanding sign Ramfield Road. The signs shall be no taller than six feet in height with a sign face no larger than nine square feet. 4. Dumpster Screening: Any dumpster located on the Property shall be located a minimum of 40 feet from Roscher Road and Ramfield Road and shall be effectively screened from view using shrubs and/or trees. 5. Time Limit: In accordance with the UDC, this Special Permit shall expire 12 months after approval unless a certificate of UDC compliance has been issued. The Special Permit shall expire if the special permit use is discontinued for more than six consecutive months. Tract 2: Approval of the change of zoning from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -22" Single -Family 22 District. Public Notification Number of Notices Mailed — 16 within 200 -foot notification area 1 outside notification area As of July 19, 2016: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 3 inside notification area — 9 outside notification area Totaling 6.94% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Site Plan 3. Floor Layouts 4. AICUZ Map 5. Application with Photos 6. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\0716-01 James Louis Urban\Council Documents\Report for CC_James Louis Urban.docx SUBJECT PROPERTY Dare Created: 8/24/2016, Prepared By: Jeremy M' art ent of Development Services CASE: 0716-01 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 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 -10 Single -Family 10 R5-6 Single-Family5 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 LOCATION MAP S:\Surveying\11403\6600\Siteplan.dwg, 7/7/2016 2:03:14 PM, DWG To PDF.pc3 Cayo Del Oso County of Nueces Corpus Christi, Texas Qom /�o (40r v� Z /11) /7,c> � !p. Sow 00,x. % �'5% eq7 a 2 r�•e Q� �a90 o j Si \?-‘)Qo'' .--� �o� 1 0`4 ( Rq�f go' 'Qoq a Location Map: N.T.S. CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH C1 90'00'00" 15.00' 23.56' 15.00' N16'00'00'W 21.21' LINE BEARING DISTANCE , Lot 32, Section 39 L1 N29'00'00"E 45.00' `Q. Flour Bluff and Encinal Farm / SYR�' L2 S61'00'00'E 40.00' j and Garden Tracts L3 N29'00'OO"E 91.50' Vol. A, Pgs. 41-43, Map � L4 S61'00'00'E 65.30' Records of Nueces County, Texas \c R% L5 N84'09'44'E 128.85' c., cfjj0 (Owner: Joan Urban) 6 L6 N48'26'04"E 254.05' 0j�,� ha► (Vol. 2256, Pg. 108, D.R.N.C.T.� 1"U L7 N34'08'29'E 126.44' @ ri, 193 j0' L8 S87'35'32'W 10.02' So,p�. 0 4% L9 S48'26'04'W 219.80' )-• �. c fk� Boarding L10 S84'09'44'W 140.52' ^o / III, L1 1 L11 S29'00'00'W 68.00' o , Kennels / L12 N61'00'00"W 82.51' " r�j1 10 cb � / Oy M o� 4%.1:�o ��e�5 G u �s t o OL0 Q�. � ^ \__e,9{�se y1 o _° , o o/ 4.64 Acres O v (2(202,05880�ry0 / 6 Ao 045 A 60 2 /� Lot 31, Section 39 L10 / Flour Bluff and Encinal Farm ` and Garden Tracts C v / Vol. A, Pgs. 41-43, Map Records of Nueces County, Texas 1 (Owner: Joan Urban) / (Vol. 2256, Pg. 108, D.R.N.C.T.) dinof e / v�,e/a R ov / C sect ah he Site Plan for a 4.64 Acre Tract of Land of Lots DATE: Feb. 24, 2016 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, — I URBAN SCALE: 1"=200' JOB NO.: 11403.B6.00 a map of which is recorded in Volume A Pages 41-43, MapRecords 9 — ENGINEERING LTBPE FIRM NO. 145, TORP FIRM NO. 10032400 2725 N . DR,5 CORPUS NO. 76404 SHEET: 1 of 1 �T DRAWN B 1 : XG of Nueces County, Texas. PHONE 361.854.3101 WWw.URBANENG.COM urbansurvey1 urbaneng.com 0 2016 by Urban Engineering S:\Surveying\11403\6600\Siteplan.dwg, 7/7/2016 2:03:14 PM, DWG To PDF.pc3 BASSET KENNELS 3Sf1©H ISifiJ AIa11VD 8 Lit < N i r r BLUFF BOARDING KENNEL OC; twvi •J 3LLLFF 304R.0 '/VY City of Corpus Christi CASE: 0716-01 AICUZ Runway Control Zone Zone 1 Zone 2 SUBJECT PROPERTY yoR�F�� N@F` °soc 4FFK LOCATION MAP `o�Qt,s ,yR,s� ' m J 1 52 Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street REZONING APPLICATION Office Use Only 01716-01 039029 Case No.: Map No.: PC Hearing Date: Tuly 13, 2016 Proj.Mgr: Bob Payne Hearing Location: City Hall, Council Chambers. 1201 Leopard Street Hearing Time: 5.30 p.m. * A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING. * INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. 1. Applicant: James Louis Urban Contact Person : James Louis Urban Mailing Address:2725 Swantner Drive City: Corpus Christi state: TX ZIP: 78404 Phone: (361 ) 854-3101 E-mail: Cell: ( ) 2. Property Owner(s): Estate of Joan Wakefield Urban, deceased Contact Person : James Louis Urban Mailing Address- 2725 Swantner Drive City: Corpus Christi State: TX ZIP: 78404 Phone: (361 ) 854-3101 E-mail: Cell: ( ) 3. Subject Property Address: 2002 and 2020 Ramfield Road Area of Request (SF/acres): 17,000 sf _ Current Zoning & Use: RS -6 and FR Proposed Zoning &Use: Tract 1: "IL" 4.64 ac (Kennel) 2476-0039-3100 and 2476-0039-3101 Tract 2: "RS -22" 23.59 Ac (Vacant) 12 -Digit Nueces County Tax ID: - - Subdivision Name: Flour Bluff and Encinal Farm and Garden Tracts Block: 39 Lot(s): 31 and 32 Legal Description if not platted: 4. Submittal Requirements: Date Held 11-6-15 ; with City Staff Annika Gunning Yankee CIEarly Assistance Meeting: ❑ Land Use Statement ❑ Disclosure of Interest ❑ Copy of Warranty Deed IF APPLICABLE: 0 Peak Hour Trip Form (if request is inconsistent exhibit landowner 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) • Lien Holder Authorization is not signing this form ■ Appointment of Agent Form if 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 as or on behalf of the Property Owner(s); and the information provided is accurate. t.12 (Owner or Agent's Signature Applicant's Signature Owner or Agent's Printed Name Applicant's Printed Name Office Use Only: Date Received: 2-26-16Received By: bkp ADP: FB Rezoning Fee: 2176.75 + PUD Fee 0 + Sign Fee 20.00 = Total Fee 71 Ah 75 No. Signs Required 2 @ $10/sign Sign Posting Date: K 1DEVELOPMENTSVCSISHARE01LAN0 DEVELOPMENTV4PPLICATION FORM51REZONING2ONING APPLICATION 2015.DOC Form Revised 511212015 LAND USE STATEMENT 1. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed building(s)/unit(s), buildings)/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 and FR to IL - Light Industrial on a 4.64 Acre Tract. The property currently has an existing residential structure with a detached indoor/outdoor kennel. The main residential structure is approximately 3700sf with a detached guest house adjacent to the the kennels. The guest house is approximately 800sf and the kennel section is approximately 17,000sfThe kennel is run by 1 full time employee and 3 part time employees. The normal hours the facility is open to the public is between 8:00 a.m. and 10:00 a.m. and between 4:00 p.m. through 5:30 p.m. There is a small sign on Roscher near the driveway entrance. The owner is also requesting a change of zoning from the FR and RS -6 Districts to RS -22 District on a 23.59 Acre Tract of Land. 2. Identify the existing land uses adjoining the area of request: North - RS -6 (residential) and FR (Vacant) South - RS -6 (residential) and FR (Vacant) East - FR (residential) West - RE (residential) C1USERS\TANYAR.0001OESKTOPIDAILY USE ANNIKAILAND USE STATEMENT FOR ZONING.tOC 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: James Louis Urban STREET: 2725 Swantner Drive CITY: Corpus Christi, Texas FIRM is: Corporation Partnership Sole Owner zip: 78404 Association (+ Other Independent Executor 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 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 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: James Louis Urban Title: Independent Executor (Print Name) Signature of Certifying Person: - Date: February 26, 2016 K:IDEVELOPMENTSVCSISNARE04LAND DEVELOPMENTIAPPLICATION FORMSYREZONMNG\DISCLOSDRE OF INTERESTS STATEMENT_5.122015.D0C 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 que requieren servicios especiales, se les suolica me den aviso 48 horas antes de la iunta Ilamando al departamento de servicios de desarrollo. al nt 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_iesea..Slri - la commission durante la junta y su ingles es Iimitedo, favor d a Ilam ar _al de , :,�a s -.y �• ento.de.servicios_dj • = siarr+Ilo al numero (361) 826-3240 al menos 48 h urv' �I�Ze%ser •fe§ehte`dur- - a unta. sows mi imitD2:1" A'"7 ; _J 11 JUL 13 2016 J CITY PLANNING COMMISSION91NLieQl6r ^ 1 DEVELOPMENT SERVICES PUBLIC HEARING NOTICE �C ti SPECIAL_ �_ sERVICES Rezoning Case No. 0776-01 &17142 The Estate of Joan Wakefield Urban has petitioned the City of Corpus Christ to consider a change of zoning on Tract 1 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "IL" Light Industrial District to bring an existing indoor/outdoor kennel into compliance with the current zoning regulations and on Tract 2 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -22" Single -Family 22 District for future single-family residential development with minimum lot sizes of 22,000 square feet The property to be rezoned is described as: Tract 1 being 4.64 acres and Tract 2 being 23.59 acres with both tracts being out of Lots 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast corner of Roscher Road and Ramfield Road. 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, July 13, 2016, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 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: --a"-61.,,,, s-1-..L\,k -rt 1 Address: AI O l 1R ns2 City/State: C o v -r4, s e.An e s- , T)( ( ) IN FAVOR (4 IN OPPOSITION Phone: 3 !- 737- 6/07 REASON: j rG-c-tl Z s1 -.0,,.\J 1r3 $ +n ell�orhoa�c o.rt- ZzdveSt. � E - iZ C oys. e xAr'ri..¢ SEE MAP ON REVERSE SIDE Properly Owner ID: 4 HTE# 16-10000010 Case No. 0716-01 Project Manager Bob Payne City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 4 870000010390 STUBBLEFIELD JOHN CALVIN ET UX CHERYL A STUBBLEFIE 2101 RICHLAND DR CORPUS CHRISTI, TX 78418 - Nis 0 e PIIh(Y I OWl:s 02 1M $ 00.466 0004287110 JUL 01 2016 MAILED FROM ZIP CODE 7841 2 , / °R •-"\\ ala \FRE \ `\ Fli,litul�liiifflj�li�llllllli SUBJECT ., PROPERTY' FR • 1 RE O RE BOP Doe GF/IFC. 02120191 Oren r.0 P1: Ja-.rFM LRR +.wo.nlaam.nls.rvku CASE: 0716-01 SUBJECT PROPERTY WITH ZONING 0 Subject Property 010.1 RM,9 RMJ ON R11 -a1 CN -1 CM.2 CR -1 CRd C41 Cpl CI CBD CR -2 FII NBP W0lfamlry 1 useddrolly2 Nlnnamlry 9 AereeFMru 0111c. MJNINnIIIy AT Ilagnnplra00 Comm.:.Ml R.g0ba.lr.e0 Comm.rcl.r R..m1 C.mm.1.lal Recon Commercial peen. Como/mod. Gnnl Cw.mer14l wends.. C00111fl.l 00wm0wn Commercial Radio C.mm.rclel Fan, Run NNNe01 Overlay 0..10... 0001 4 ll9nl ln0ldelal O 0 14..101001. 0tral P up Planned 0 n 1 Dee Overlay O 0.10 11n0M-Fam1y 10 R6� SIn0Mf0mlly 6 R141 61n0MSFmll, a.6 110•RF 1No-ra.I1% 81.11 601000-Fam00 11 RF R1.IC.mlal BUM O 0.TN 9tiwneeuw 0P 6gc1.I PLrmR Ry Recreational WINO, Park 0004 raflurlat400 Naim � F SUBJECT PROPERTY (LOCATION MAP 41, Cityof Corpus Christi 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 suolica aue den aviso 48 horas antes de la junta Ilamando al deoartamento 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 inoles es limitedo. favor de ilamar al deoartamento de servicios de desarrollo al ntimero (361) 826-3240 al menos 48 horas antes de la junta Dara soiicitar un interorete ser Dresente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0716-01 The Estate of Joan Wakefield Urban has petitioned the City of Corpus Christi to consider a change of zoning on Tract 1 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "IL" Light Industrial District to bring an existing indoor/outdoor kennel into compliance with the current zoning regulations and on Tract 2 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -22" Single -Family 22 District for future single-family residential development with minimum lot sizes of 22,000 square feet. The property to be rezoned is described as: Tract 1 being 4.64 acres and Tract 2 being 23.59 acres with both tracts being out of Lots 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast corner of Roscher Road and Ramfield Road. 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, July 13, 2016, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or In_person, by telephone call or by letter. Printed Name: _� 1 r, 11 611; 5 \, , Address: 3 5-0 1 f .. D 5e 40 W n O f City/State: ("0 i o { ) IN FAVOR ( ) IN OPPOSITION Phone:.3ty 1- 13 `, - g f' REASON: SEE MAP ON REV R$E 91DE Property Owner ID: HTE# 16-10000010 /44e-e4=di N,604. Signature Case No. 0716-01 Project Manager. Bob Payne Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intention de asistir a esta junta y que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea_dirioirse a la commission durante la iunta y 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 iunta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0716-01 The Estate of Joan Wakefield Urban has petitioned the City of Corpus Christi to consider a change of zoning on Tract 1 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "IL" Light Industrial District to bring an existing indoor/outdoor kennel into compliance with the current zoning regulations and on Tract 2 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -22" Single -Family 22 District for future single-family residential development with minimum lot sizes of 22.000 square feet. The property to be rezoned is described as: Tract 1 being 4.64 acres and Tract 2 being 23.59 acres with both tracts being out of Lots 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast corner of Roscher Road and Ramfield Road. 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, July 13, 2016, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD. THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in_person, by telephone call or by letter. Printed Name: , b j _ _ If F A1% 1. [?(W Address: :; ' h4D. V,C, E'S10 to tJ -b9..tvt City/State: £C Y)C a F411 ( ) IN FAVOR (i..4N OPPOSITION REASON: Phone: - alllEVtN Q N -NQI.)lNri E Rola' INS-Ofirr-IC.104T Tb Ni�Ni31,� 1 r5c� NclG+tt^�{tl'2 r+oo� RCSTHET1C5 evy C Signature SEE MAP ON REVERSE SID Property Owner ID 12 HTE# 16-10000010 6 -)(TRA TEuCLt Case No, 0716-01 Project Manager. Bob Payne Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, clue tienen la intention de asistir a esta iunta v oue reauieren servicios especiales, se les suolica oue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo. al nitmero (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 irides es limitado, favor de !lamer al departamento de servicios de desarrollo al ntimero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser oresente durante la iunta. CITY PLANNING COMMISSION 2-eC e Ue d 7 / 13I 1(19 PUBLIC HEARING NOTICE 04 Fe, SIU Rezoning Case No. 0716-01 The Estate of Joan Wakefield Urban has petitioned the City of Corpus Christi to consider a change of zoning on Tract 1 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "IL" Light Industrial District to bring an existing indoor/outdoor kennel into compliance with the current zoning regulations and on Tract 2 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -22" Single -Family 22 District for future single-family residential development with minimum lot sizes of 22,000 square feet. The property to be rezoned is described as: Tract 1 being 4.64 acres and Tract 2 being 23.59 acres with both tracts being out of Lots 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast corner of Roscher Road and Ramfield Road. 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, July 13, 2016, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER{S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or In_person, by telephone call or by tetter. Printed Name: .4.1064 a:a Address: 2201 1,61., %scx,,,y�q OIa4K • { ) IN FAVOR REASON: City/State: C rwe ti [K 18023 (4IN OPPOSITION Phone: 361 - 13/- IS 61 SEE MAP ON REVERSE SIDE Property Owner ID: 15 HTE# 16-10000010 Case No. 0716-01 Project Manager: Bob Payne Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, oue tienen la intencion de asistir a esta iunta v aue reouieren servicios especiales, se les suplica oue den aviso 48 horns 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 dirinirse a la commission durante la iunta v su ingles es limitado, favor de Ilamar al deDartamento de servicios de desarrollo al nOrnero (361) 826-3240 al menos 48 horas antes de la Junta para solicitar un intern rete ser oresente durante la iunta. CITY PLANNING COMMISSION 12cAid ,� PUBLIC HEARING NOTICE i�- J\J Rezoning Case No. 0716-01 The Estate of Joan Wakefield Urban has petitioned the City of Corpus Christi to consider a change of zoning on Tract 1 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "iL" Light industrial District to bring an existing indoor/outdoor kennel into compliance with the current zoning regulations and on Tract 2 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -22" Single -Family 22 District for future single-family residential development with minimum lot sizes of 22,000 square feet. The property to be rezoned is described as: Tract 1 being 4.64 acres and Tract 2 being 23.59 acres with both tracts being out of Lots 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast corner of Roscher Road and Ramfield Road. 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, July 13, 2016; during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNERS) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78489- 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: Jennifer L. Bayer Address: 2133 Whispering Oak Drive ( ) IN FAVOR ❑✓ IN OPPOSITION REASON: City/state: Corpus Christi, TX 78418 Phone: 361-937-7594 My wife and I are not in favor of this zoning change for the following reasons: 1) We believe property values in nearby subdivisions will suffer. 2)) Roscher Road is narrow and in extremely poor condition and more traffic and heavy construction vehicles will make it worse as well as more unsafe than it Is now. 3) A subdivision with such small Tots and homes is contrary to the existing homes and surroundings and there is no such small lot subdivision within miles of this rea_ SEE MAP ON REVERSE SIDE Property Owner ID: 15 HTE# 16-10000010 Case No. 0716-01 Project Manager Bob Payne Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance a' (361) 826-3240. Personas con incapacidades. oue tienen Ia intention de asistir a este junta v clue renuieren servicios especiales, se les suplica oue den aviso 48 horas antes de Ia iunta Ilamando al deoartamento de servicios de desarrollo. al niimero (361) 826-3240. If you wish to address the Commission during the ; eeting 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 dirjairse a la commission durance la junta y su irides es limitedo _favor de (lamer al departamento de servicios de desarrollo al numero (361826-3240 al menos 48 horas antes de la Lunta para solicitar un interprete ser oresente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0716-01 Fwd --110,\16, The Estate of Joan Wakefield Urban has petitioned the City of Corpus Christi to consider a change of zoning on Tract 1 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "IL" Light Industrial District to bring an existing indoor/outdoor kennel into compliance with the current zoning regulations and on Tract 2 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -22" Single -Family 22 District for future single-family residential development with minimum lot sizes of 22,000 square feet. The property to be rezoned is described as: Tract 1 being 4.64 acres and Tract 2 being 23.59 acres with both tracts being out of Lots 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast corner of Roscher Road and Ramfield Road. 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, July 13. 2016, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., In the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in_person, by telephone call or by letter. Printed Name: Kent M. Bayer Address: 2133 Whispering Oak Drive i /state: Corpus Christi, TX 78418 ( ) IN FAVOR n IN OPPOSITION Phone: 361-937-7594 REASON: My wife and I are not in favor of this zoning change for the following reasons: 1) We believe property values in nearby subdivisions will suffer. 2)) Roscher Road is narrow and in extremely poor condition and more traffic and heavy construction vehicles will make it worse as well as more unsafe than itis now. 3) A subdivision wit ,., small lots and homes is contra to the existing homes and surroundings and there is no such small lot subdivision thin 'iI5 of this area. SEE MAP ON REVERSE SIDE Properly Owner ID. 15 HTE# 16-10000010 Case No. 0716-01 Project Manager. Bob Payne Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, aue tienen la intention de asistir a esta iunta v aue reauieren servicios esoeciales, se les suolica aue den aviso 48 horas antes de la Junta Ilamando al deoartamento de servicios de desarrollo. al Humero (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 diriciirse a la commission durante la junta v su irides es limitado, favor de Ilamar al deoartamento de servlcios de desarrollo al ro)mero (361) 826-3240 al menos 48 horas antes de la iunta para solicitar un interorete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0716-01 The Estate of Joan Wakefield Urban has petitioned the City of Corpus Christi to consider a change of zoning on Tract 1 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "IL" Light Industrial District to bring an existing indoor/outdoor kennel into compliance with the current zoning regulations and on Tract 2 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -22" Single -Family 22 District for future single-family residential development with minimum lot sizes of 22,000 square feet. The property to be rezoned is described as: Tract 1 being 4.64 acres and Tract 2 being 23.59 acres with both tracts being out of Lots 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast corner of Roscher Road and Ramfield Road. 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, July 13, 2016, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m.. in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 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 Nam 1JLc4_ . Add ssZ) -C 5 f e t Q A. ity/State: `O r'f u. Phone:.367 /-137-9 6 Z ..300f ( ) IN FAVOR IN OPPOSITION REASON: S vitt a ti lc& ¶J-t:CY-1 c SEE MAP ON REVERSE SIDE Property Owner ID. 15 HTE# 1 6-1 0000 01 0 44,41,,a1 Signature Case No. 0716-01 Project Manager Bob Payne Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incaoacidades, aue tienen la intencibn de asistir a esta Junta y aue reauieren servicios especiales, se les suplica aue den aviso 48 horas antes de la iunta Hernando 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 incites es limitedo, favor de Hamar 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. 0716-01 o\ok 1\c\v" The Estate of Joan Wakefield Urban has petitioned the City of Corpus Christi to consider a change of zoning on Tract 1 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "IL" Light Industrial District to bring an existing indoor/outdoor kennel into compliance with the current zoning regulations and on Tract 2 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -22" Single-Familv 22 District for future single-family residential development with minimum lot sizes of 22,000 square feet. The property to be rezoned is described as: Tract 1 being 4.64 acres and Tract 2 being 23.59 acres with both tracts being out of Lots 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast comer of Roscher Road and Ramfield Road. 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. July 13. 2016, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., In the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in.person, by telephone call or by letter. Printed Name: (A)1 I I k vAG �AL 1(j, . 1,� f C7 . Address:Z 1 LIC i S��tI ►'1c� °ak City/State:CD it C ( ) IN FAVOR (4 IN OPPOSITION Phone:.3G1-q3/ 6 -Loi REASON: L -h'f `b 7 c It, coy,11z ckt 1e<t4 o►1e e /./ SEE MAP ON REVERSE SIDE Property Owner ID: 15 HTE# 16-10000010 Signature Case No. 0716-01 Project Manager. Bob Payne Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intention de asistir a esta iunta v cue requieren servicios especia es. se les suolica rue den aviso 48 horas antes de la junta Ilamando al deoartamento de servicios de desarrollo. al numero (3611826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durance la junta v su ingles es limitado, favor de Hamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la iunta para solicitar un interprete ser oresente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0716-01 The Estate of Joan Wakefield Urban has petitioned the City of Corpus Christi to consider a change of zoning on Tract 1 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "IL" Light Industrial District to bring an existing indoorioutdoor kennel into compliance with the current zoning regulations and on Tract 2 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -22" Single -Family 22 District for future single-family residential development with minimum lot sizes of 22,000 square feet. The property to be rezoned is described as: Tract 1 being 4.64 acres and Tract 2 being 23.59 acres with both tracts being out of Lots 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast corner of Roscher Road and Ramfleld Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification andfor 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, July 13, 2016, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: Christopher H. Hall Address: 3429 Newcastle Dr. City/State: Corpus Christi, Texas ( ) IN FAVOR (y) IN OPPOSITION Phone: 361-548-6300 / 361-884-1961 REASON: The surrounding roads are too narrow and too poor a condition to support the additional traffic. We are seeing that already. We have no storm water management system and already have regular flooding even with the exacerbation of the change in grading/additional impervious ground cover. We've seen this already with the new Oso George development that is partially com feted. Sign Cu SEE MAP ON REVERSE SIDE Property Owner ID: 15 HTE# 16-10000010 Case No. 0715-01 Project Manager- Bob Payne Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intencion de asistir a este junta v aue reauieren servicios especiales, se les suplica oue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo. al niurnero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta v su finales 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 iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0716-01 1\1701\w The Estate of Joan Wakefield Urban has petitioned the City of Corpus Christi to consider a change of zoning on Tract 1 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "IL" Light Industrial District to bring an existing indoor/outdoor kennel into compliance with the current zoning regulations and on Tract 2 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -22" Single -Family 22 District for future single-family residential development with minimum lot sizes of 22,000 square feet. The property to be rezoned is described as: Tract 1 being 4.64 acres and Tract 2 being 23.59 acres with both tracts being out of Lots 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast corner of Roscher Road and Ramfield Road. 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. July 13, 2016, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in-person, by telephone call or by letter. Printed Name: �� /� 3 Pa Address: �`% �G�4V5 4 City/State: ee 771'/Y ( ) IN FAVOR (5 IN OPPOSITION . Phone: REASON: SEE MAP ON REVERSE SVDE Property Owner ID; 15 HTE# 16-10000010 Case No 0716.01 Project Manager: Bob Payne Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, clue tienen la intencien de asistir a esta junta v clue reauieren servicios especiales, se les suplica clue den aviso 48 hares antes de Ia junta Hernando 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 Ia junta v su inales es limitado, favor de Ilamar al deoartamento de servicios de desarrollo al numero (361826-3240 al menos 48 hares antes de la iunta para solicitar un interprete ser oresente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0716-01 IRNot The Estate of Joan Wakefield Urban has petitioned the City of Corpus Christi to consider a change of zoning on Tract 1 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "IL" Light Industrial District to bring an existing indoor/outdoor kennel into compliance with the current zoning regulations and on Tract 2 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -22" Single -Family 22 District for future single-family residential development with minimum lot sizes of 22,000 square feet. The property to be rezoned is described as: Tract 1 being 4.64 acres and Tract 2 being 23.59 acres with both tracts being out of Lots 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast corner of Roscher Road and Ramfield Road. 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. July 13, 2016, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or In-person, by telephone call or by letter. Printed Name: IL -A6,-,, / ._190 Address: -34/L ti City/State: CL IM (%IN OPPOSITION Phone: ( ) IN FAVOR {r-rAc--# c` CAZ-t- kiu a_ roysi- D -c REASON:// f /JQ 5 ae--t/ A1`e~ tiThnatirovU _ra eat ._ . i�� �, 4—-f' r- p SEE MAP ON REVERSE SIDE Property Owner ID: 15 HTE# 16-10000010 Signature 1 elk Case No. 0716-01 Project Manager Bob Payne Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. PersonaLcon incapacidades, aue tfenen la Intencion de asistlr a esta Junta v aue reauieren servicios esoeciales. se les suplica aue den aviso 48 horas antes de la junta Ilamando al deoartamento 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 limited!). favor de Ilamar al deoartamento de servicios de desarrollo al ntimero (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. 0716-01 1 I ( ) ttee) The Estate of Joan Wakefield Urban has petitioned the City of Corpus Christi to consider a change of zoning on Tract 1 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "IL" Light Industrial District to bring an existing indoor/outdoor kennel into compliance with the current zoning regulations and on Tract 2 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -22" Single -Family 22 District for future single-family residential development with minimum lot sizes of 22,000 square feet. The property to be rezoned is described as: Tract 1 being 4.64 acres and Tract 2 being 23.59 acres with both tracts being out of Lots 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast corner of Roscher Road and Ramffeld Road. 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, July 13, 2016, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, elther,at home or office, or In person, by telephone call or by letter. II YY `� Printed Name: ,1 e. n t e r a Address: 3 q /L -S CCU ccL5rLt City/StateCC' i 5 Ch ( ) IN FAVOR N OPPOSITION Phone: CAA `�'3B' AI 14 REASON: Loi S s\noulc bo _ cR`c -ST on& ac:cc_ t C) S ► �,e-- S L evv kos- )-t c-rou r ci.tn °\ c ksl ksh bO c- h o ocX3 . �J o 1; n t l n du 5t , c>~S- Sh 0 u\ ci, k-¢- 0`k)1n a_ L) t, e_A- eti hbc c Y1 DOA.. SEE MAP ON REVERSE SIDE Property Owner ID: 15 HTE# 1 6-1 000001 0 //LW 24,m4ave/ Signature Case No, 0716-01 Prgect Manager. Bob Payne AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of August 9, 2016 Second Reading for the City Council Meeting of August 16, 2016 DATE: July 19, 2016 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at 9525 Leopard Street CAPTION: Case No. 0716-02 Shaws Development Joint Venture: A change of zoning from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District. The property is described as being an 11.84 -acre tract of land out of Lots 1, 8 and 9, Artemus Roberts Subdivision, located on the west side of Rand Morgan Road between Goodnight Loving Trail and McNorton Road. PURPOSE: The purpose of this item is to rezone the property to allow development of a single- family subdivision with a minimum lot size of 4,500 square feet instead of 6,000 square feet. RECOMMENDATION: Planning Commission and Staff Recommendation (July 13, 2016): Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District. Vote Results For: 8 Against: 0 Absent: 1 BACKGROUND AND FINDINGS: As detailed in the attached report, the rezoning is continuation of an existing development pattern in terms of use and density of the Northwest Crossing Subdivision. A subdivision design was provided with the application showing the 11.84 acres to be developed with 69 lots at a density of 5.83 units per acre. The property to be rezoned is suited for low density residential development and is compatible with present zoning. The rezoning does not have a negative impact on the surrounding neighborhood and is consistent with the Comprehensive Plan and the Northwest Area Development Plan.. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for Low Density uses. The proposed rezoning to the "RS -4.5" Single -Family District is consistent with the Future Land Use Plan. 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 Shaws Development Joint Venture ("Owner"), by changing the UDC Zoning Map in reference to an 11.84 -acre tract of land out of Lots 1, 8 and 9, Artemus Roberts Subdivision, from the "RS -6" Single -Family 6 District to the "RS -4.5" Single - Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Shaws Development Joint Venture ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 13, 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 to the "RS -4.5" Single -Family 4.5 District, and on Tuesday, August 9, 2016, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application by Shaws Development Joint Venture ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on an 11.84 -acre tract of land out of Lots 1, 8 and 9, Artemus Roberts Subdivision, located on the west side of Rand Morgan Road between Goodnight Loving Trail and McNorton Road ("Property") from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District (Zoning Map No. 059046) , 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 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 Ordinance -Shaws Develoment Joint Venture Page 2 of 2 Exhibit A 11.84 Acre Zoning Tract STATE OF TEXAS COUNTY OF NUECES Job No. 20404.B6.02 June 9, 2016 Fieldnotes, for an 11.84 Acre Tract of Land of Lots 1, 8 and 9, Artemus Roberts Subdivision, a map of which is recorded in Volume 3, Page 41, Map Records of Nueces County, Texas; said 11.84 Acres being a portion of a 13.445 Acre Tract of Land, described and shown as Option Tract "B", in Special Warranty Deed from D.H. Braman, Jr., Joe Braman, D.H. Braman, III, and D.H. Braman, Jr., as Trustee of the Kate S. O'Connor Trust for Thomas Edward Braman, to Shaws Development Joint Venture, recorded in Document No. 2007024157, Official Public Records of Nueces County, Texas; said 11.84 Acre Tract being more fully described as follows: Beginning, at a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR C.C. TX" Found, on the East line of a 120.00 Foot Wide Drainage Easement, recorded in Document No. 2003045766, Official Records of Nueces County, Texas, being the Southwest corner of Northwest Crossing Unit 7, a map of which is recorded in Volume 68, Pages 282-283, Map Records of Nueces County, Texas, for the Northwest corner of this Tract; Thence, North 89°12'48" East, over and across portions of the said Lots 9, 8 and 1, with the South boundary of the said Northwest Crossing Unit 7, Northwest Crossing Unit 6, a map of which is recorded in Volume 64, Pages 150-151, Northwest Crossing Unit 4, a map of which is recorded in Volume 64, Pages 57-58, Northwest Crossing Unit 2, a map of which is recorded in Volume 62, Pages 171-172, and Northwest Crossing Unit 1, a map of which is recorded in Volume 62, Pages 1 and 2, all out of the Map Records of Nueces County, Texas, and with the North boundary of this Tract, at 1890.00 Feet, pass a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR C.C. TX" Found, at the Southeast corner of the said Unit 1 and the West Right -of -Way line of Rand Morgan Road (F.M. 2292), a public roadway, in all a distance of 1910.00 Feet, being the Northeast corner of a 10.00 Foot wide Water Line Easement, recorded in Volume 2131, Page 946, Deed Records of Nueces County, Texas and this Tract; Thence, South 00'47'12" East, with the said West Right -of -Way line, the East boundary of the said Water Line Easement and this Tract, 270.00 Feet, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR C.C. TX" Found, for the Southeast corner of the said Water Line Easement and this Tract; Thence, South 89°12'48" West, at 25.00 Feet, pass the said West right-of-way and East boundary of Lot 1, Block 1, Northwest Crossing Church Tract, a map of which is recorded in Volume 64, Page 70, Map Records of Nueces County, Texas, at 660.00 Feet, pass a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR C.C. TX" Found, at the Northwest comer of the said Lot 1, Block 1, in all a S:1Surveying120404\B6021OFFICE\METES AND BO'UNDSIFN_11.84Ac_20160516.doc Page 1 of 2 (361)854-3101 2725 SWANTNER DR, • CORPUS CHRISTI, TEXAS 78404 www.urbaneng,com TBPE Firm #145 TBPLS Firm #10032400 FAX (361)854-6001 distance of 1910.00 Feet, to the East line of the said Drainage Easement for the Southwest corner of this Tract; Thence, North 00°47' 12" West, with the East line of the said Drainage Easement, 270.00 Feet, to the Point of Beginning, containing 11.84 Acre (515,700 Sq. Ft) of Land, more or less. Bearings are based on GPS, NAD83, State Plane Coordinate System, Texas South Zone 4205. This description was prepared from fieldwork performed in March and September 2015 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 a_ its accuracy. Also reference accompanying sketch o James D. Carr, R.P.L.S. License No. 6458 S:1Surveying1204041B6021OFFICE1METES AND BOUNDSIFN_11.84Ac 20160516.doc Page 2 of 2 O o =n 3 o 'p0 n:'o' t 'Point of tia Begidlning" In O Ip R o N o o c' n o 2 ~ h O O 8. n � o o� 0 ink Lot 16 0,10 ore 22 I�I 23 0 ° •7 24 m�C R6 326� 25 z to oo 68 1 153 z N Ntin 7a--�152�N�— 27' n�-1i° — 69V111— o`° 70 1151 cn 71 I� 1150 72 _1 64 `I57 1 65 1156 ¢o a � m 155 -p rn 67 1,A" — IC 28 w1-0 -'_. 29 Iv 1 L30 .10 \ \ Temporary Right-of-way (Doc. No. 2014012986, 0.P.R.N.:L. 7 .) \ \ \ Lot 9 \ \ 4 41 1 32 42 31 43 30 44 1 45 47 Rand Morgan (F.M. Rood 2292) eLNCO 1orkwaod Rood \ 29 28 0 17 z8 18 :P.9 f • t9 '2 • 25 1 24 3 1 77 11 1 68 78 79 11 6— 80 1 65 81 1164 82 1 63 " 111 1 84 1162 61 59121; 191Q Q0'' -- 11.84 Acres 515,700sf Lot 8 0 0 0. 0 a 153 III 2441 54 ° S 43 55 NT42 6 ziDo41 60 57 P717:12'1.40�'N40 1 X39 V 2 N N 1138 O 3 O. a 29 120 30 1119 31 32 33 1 oZ 0 cn N 118 -a IT, - 117 ' n S o IcjAa 16 Ny- �. Zr: n, 71 13 N 34 37 36 15 114 5 6 1 7 a 9 I 12 10 11 Legend: 0 Fd. 5/8 Inch Iron Rod with red plastic cap stamped 'URBAN ENGR C.C. TX' 0. 0 1890' 10' Ovate Line Easement I I Vol. 2131, Pg. 946, D.R.N.C.T.) \ \ I S89'12'48"W 1910.00* \ \ \ Artemus Roberts Subdivision \Vol. 3, Pg. 41, Map Records of \�\ Nueces County, Texas \ (Owner: Bramon Ranches LLC) I\� \ (Doc. No. 2009000322, 0.P.R.N.C.T.) G \ \ \ \ — — —� — \ r1.6e N \ rg P4 ,o. \ N 6S N N sine Fo Sketch to Accompany \ \ y0y f7t1DN107ES for an 11.84 Acre Tract of Land out of Lots 1, and 9, Artemus Roberts Subdivision, a map of which is recorded \ in Volume J( Page 41 Mop Records of Nueces Coanty, Texas' \ \ sold 11.84 Acres being out of a 13.445 Acre Tract of Land, descnbed as Option Tract D' and shown on Exhibit 4 in Special iYananty Deed from D.N. Braman, Jr.. Joe thaman, D1L Braman lH, and AR Braman, Jr., as Trustee of the Kate E O'Connor Trust for Thomas Edward Braman, to Shows Development Joint Venture, recorded in Document No. 2007024157, Official Pubic Records of Nueces County, Texas. IIN' Laf 1 I I p t .N i-. 25'U.E. (Doc. Na. I 1 1 2003044350, 0.P.R.N.C.T.) 5' 13 CD Lot 1, Block 1 Northwest Crossing Church Tract Vol. 64, Pg. 70, Map Records of Nueces County, Texas (Owner: Bible Believers Baptist Church) (Doc. No. 2004052451, 0.P.R.N.C.T) 300 200 100 0 rap is Sae 1 =200 IIE TR nwl M. IN. 111 /AI DCI. 300724.30 2721 5 *Me1 DI. =PUS 0111151. U 70.04 DOM 3111.1154.3101 wwwJ/OMO7im1 URBAN ENGINEERING 200 400 Exhibit B DATE: June 9, 2016 SCALE: 1'=200* JOB NO.: 20404.B6.02 SHEET: 1 of 1 DRAWN BY: XG urbansurveyl Ourbaneng. com 0 2016 by Urban Engineering Aerial Overview Aerial R S - 6 'and till4 M IS lEal kg e EWEN NEE NOMA Ulf itiAllkie 11 Ell k7` %IP v. 51e2e' ''*41 = DNIG i3Otelnau la -. 1 S MM fahj '+ US '; 11,61 a LA -. 1 , . lk.„)• ..,.. A .41 tri.,,,_„%ne , : .....- . gm i EM in " a . i ,, .,,, ..-Lw ..,: In J• BE , %.9 6'.-, - ,, ,3 ' el mamba ) i.. 4.1 Sag pri iiiire EN . i,. rtgar I , 4 . . PLANNING COMMISSION FINAL REPORT Case No. 0716-02 HTE No. 16-10000022 Planning Commission Hearing Dates: July 13, 2016 Applicant & Legal Description Applicant/Owner: Shaws Development Joint Venture Representatives: John Wallace Legal Description/Location: Being an 11.84 -acre tract of land out of Lots 1, 8 and 9, Artemus Roberts Subdivision, located on the west side of Rand Morgan Road between Goodnight Loving Trail and McNorton Road. Zoning Request From: "RS -6" Single -Family 6 District To: "RS -4.5" Single -Family 4.5 District Area: 11.84 acres Purpose of Request: To allow development of a single-family subdivision with a minimum lot size of 4,500 square feet. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single -Family 6 Vacant Low Density Residential North "RS -4.5" Single -Family 4.5 Low Density Residential Low Density Residential South "RS -6" Single -Family 6 Church, public semi- public and Vacant Low Density Residential East "FR" Farm Rural Estate Residential and vacant Light Industrial West "RS -6" Single-family Drainage Corridor and Vacant Drainage Corridor and Low Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for low density residential uses. The proposed rezoning to the "RS -4.5" Single-family District is consistent with the adopted Future Land Use Plan. Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 270 feet of street frontage along Rand Morgan Road, which is an "A-2" Secondary Arterial Divided, and approximately 50 feet of street frontage along Chisolm Trail, which is a local residential street at this particular location. The maximum desirable average daily trips for an "A2" Secondary Arterial Divided street is 20,000 to 30,000, and for a Local Street is 1,600. Planning Commission FinalReport Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Rand Morgan Road "A2" Secondary Arterial Divided 100' ROW 54' paved 80' ROW 22' paved 6,094 ADT (2013) Chisolm Trail Local Residential 50' ROW 28' paved 50' ROW 28' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS -6" Single - Family 6 District to the "RS -4.5 Single -Family 4.5 District to allow the development of a residential subdivision. Development Plan: The applicant is proposing to rezone 11.84 acres of land. The existing "RS -6" District allows a minimum lot size of 6,000 square feet or overall gross density of 7.26 units per acre versus the "RS -4.5" District with a minimum lot size of 4,500 square feet and an overall gross density of 9.68 units per acre. A subdivision design was provided with the application showing the 11.84 acres to be developed with 69 lots at a density of 5.83 units per acre. The proposed lots average 5,500 square feet in area and 50 feet in width. Existing Land Uses & Zoning: The current use of the property is vacant land. North of the subject property are single-family dwellings zoned "RS -4.5" Single -Family 4.5. South of the subject property is zoned "RS -6" Single -Family 6 and with a church, a wastewater lift station and vacant land. East of the subject property is zoned "FR" Farm Rural with estate residential uses and vacant land. West of the subject property is zoned "RS -6" Single-family Residential District and contains a drainage corridor and vacant land. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan Consistency: The Comprehensive Plan and the Northwest Area Development Plan (ADP) slate the subject property for low density residential uses. The proposed change of zoning of the 11.84 -acre tract of land to the "RS -4.5" Single-family 4.5 District is consistent with the adopted Future Land Use Map, and meets other criteria of the Comprehensive Plan and ADP, such as: The construction of quality, affordable new homes, and the rehabilitation of substandard homes should be encouraged. (Comprehensive Plan, Housing Policy Statement B), Encouraging infill development on vacant tracts within developed areas (Comprehensive Plan, Residential Policy Statement F),and Planning Commission Final Report Page 3 The density of development in an area should be directly related to the design capacity of the infrastructure. (Comprehensive Plan, General Policy Statement F) Plat Status: The subject property is not platted. Department Comments: • The rezoning is consistent with the Comprehensive Plan and the Northwest Area Development Plan as outlined in the previous section of this report. • The rezoning is compatible and is a continuation of an existing development pattern in terms of use and density of the Northwest Crossing Subdivision. • The property to be rezoned is suited for low density residential development. • The rezoning does not have a negative impact on the surrounding neighborhood. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District. Public Notification Number of Notices Mailed — 65 within 200 -foot notification area 5 outside notification area As of July19, 2016: In Favor — 2 inside notification area — 0 outside notification area In Opposition — 1 inside notification area — 0 outside notification area Totaling 0.36% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Proposed Subdivision Plat 3. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\0716-02 Shaws Development JV (NW Crossing Unit 8)\Council Documents\Report to CC - Shaws Development Joint Venture.docx bG-1 10 RS 'NW u M Y R RS -6 J GOO DNIG HT�LOW NG'TRL■ 0 J a a DB M m P. ri b V or N h P0 h m h W V P ;9 31 n V M M ry N ry N SPANISH TRL FR 77 a n55 60 X43 36 $17v 9 n 10% 16° 0 — i.acksaga. 38 51 30 1s 45 65 45 RS -6 0 400 800 O Feet RS -6 Dare Created: 6/24/2078 Prepared Ely. JeremyM Department of Devefaprrr.SerrJces— CASE. 0716-02 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 CR -9 CR -2 CG -1 CG -2 CI CBD CR -3 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 -16 Single -Family ID 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 -Til Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home - J7/ s SUBJECT PROPERTY w it LOCATION MAP City of Corpus Christi 1.) Total platted area contains 11.84 acres of land. (Includes Street Dedication) 2.) The receiving water for the storm water runoff horn this property is Inc Oso Creek. The rCEO has not classified the aquatic life use for the Oso Creek, but it is recognized 05 e entally sensitive area. The Oso Creek flows directly into the Oso Bay. The TCEO has classified the aquatic life u e for the Oso Bay as "exceptional" and "oyster waters" and categorized the receiving water as contact recreation" use. 3.)Bean1ngs based on OPS. NA083 (2011). Texas Coordinate System of 1983. Texas South Zane 4205. 4.)By graphic plotting only. this property is in Zone "C"on Flood Insurance Rate Map. Community Panel Na. 465464 0133 C. City of Corpus Christi. Texas, which bears an effective date of September 17, 1992 (Panel not printed) and is not in a Special Flood Hazard Area. 5.) The yard requirement, as depicted is a requirement of the Unified Development Code and is subject to change as the zoning may change. State of Texas County of Nueces Shaws Development J hereby certifies that of the Venture, rthforegoing plat; that lands a have pubic use a id (forever; W the publiiceuse t the operation a of easements c utilities; and that this map was made far the purpose Raaf description and dedication. County of Nueces City of Corpus Christi •catiO Map: N.T.S. State of Texas County of Nueces This final plat of the escribed property was approved by the Department of Development Services of the City of Corps Christi, Texas. This the ___— day of Plat of Northwest Crossing Unit 8 Rer pmatmShruP.EED P 11.84 Acres o/ Land out o/ Lots 1, 8 and 9, Artemus Roberts Subdivision, a mop of which is recorded in Volume .1, Poge 41, Mop Records of Nueces County, Texas; soid 11.84 Acres being cut of a 15.445 Acre Tract of Land, described as Option Tract '8; and shown on Exhibit il" in Special Warranty Deed from O.H. Braman, Jr., Joe Braman, O.H. Braman, /1/, and O.H. Braman, Jr., as Trustee of the Rote S O'Connor Trust for Thomas Edward Braman, to Slows Development Joint Venture, recorded in Document No. 2007024157, Official Public Records of Nueces County, Taros. State of Texas County of Nueces George S. H hereby «mines tInc property o by Shaws Oevelopment aJo a foregoing map and he This Inc day of ___ approves of the subdivision and dedications fare Inc shown smand considerations therein expressed. By. Shell Land Management Company. Inc.. Managing Joint Venture State of Texas County of Nueces This instrument was acknowledged before me by John Wallace, as Uce—President of Shell Land Management Company, Inc., and the Corporation ...edged this instrument as Managing Joint Venture on behalf of Shows Development Joint Venture, a Joint Venture. This the day of 20 This the day of 20 Slate of Texas County of Nueces This instrument was acknowledged before me by George S. Hawn. This the day of 20 , 20 State of Texas County of Nueces This final plat of Me Inc herein described property was approved on behalf of Inc City of Corpus Christi. Texas by a Planning Commission. This the ___— day of 20 State of Texas County of Nueees Kara Sands, Clerk of Me County Court in and for said County. d hereby certify ted a foregoing instrument d _ of _ 20_� w s c ertificate of awasuthfiled far record in office ___ day of _ 20„_[_At _ _ O'clocke^_a my tion _M.,, and Volt' recorded the ___ day of 20___� at ____ O'clock _1J., in said County in Volume Page Map Records. Wltness my hand and seal of the County Court. in and for eaid County. at office in Corpus Christi, Texas. the day and year last vrilten. at O'dack _N. ro sands. caanry clerk Nueces caamr. r«aa 80 Deputy State of Texas County of Nueces I, James D. Cam. a Registered Professional Land Surveyor for Urban Engineering. have prepared the foregoing map ham a y made an Incthe ground under y direction and is true and correct to Inc beat of my knowledge, information and belief; I have been engaged under contract to cel all Lot and Block corners a shown herein and to complete s.* operations with due and reasonable diligence consistent with sound professional practice. Thio the __ day of 20 es D. Cam, R.P.LS. Tezas License Na. 8458 c U R B A N' SAT1. DATE: June2016 E:: .: 20404. JOB TOBfi.03 ENGINEERING SHEET: 1 of 2 mansl Bi man \ vis Pvrue, mrwarr 02018 by Ui an 10.0,5edng Barlow camp 3a ,x® / z5 1- IsaE _ 'I I 2 22 - w 3a Rerorae� �,is Ss�e LL west � - �, �n xx 1 Crossing Ree,aeqo,1. eee &ot , . e0 �.25 �o�l� 1 SKr 2' 181D. a g�- s l ,IS o. p v E r'-511 Em 8 l 0000 MOB ms 1x70 e u a/. �Gy/ 8,��✓/ 8 �, ,, sl.sa e e r8, sl.so n J5 r8 sem. 51.50 n J6 r8 r 51.so• n Js r8, 9•m 1.so• n B5 r sl.sa sl. so n ®n 8 co r8, 80 r 51.50 n 8 61 r8 51.50 n , r 51.50 n 8 es r8 sl.sa n es r8 sled n 85 r8 70.50 86 r :s 8 8 8 x9• "s g f_ x9•• n Ir B5 r 51.50 n 8 Bs r8 51.50 mesa r s sl.sa 8 eeasa ®lam ./%'i $ ,Y j= _ .r �wr.a_ _ _ _ _ _ _ _ _ _ mexrp 1 g F ,1 ,^V b I1 Y _ _ er $8 g� eiso� 8 °b m f(( 51.70 51.50 51.50 S 1559•1x,10., s,.so 51.50 51.50 sl.sa 1 70.50 a "'1b E 70.19• 1 ' sl. lry N e r iwao• y�/j/y� ma na'° e faRm . a R n..,. ..... �', " f 1.2 +81 1 a'om -I- �= =~ N " f ----- Llano EO Drive /1<rs F ss3.1318 / n 7051xea, 172,.70. 1x7070' g18 335 x' 8g 8 s x070 0070 50.70 .,. x/ 50.70 5000 0502 50.70 50.00 50.aa 70.70 5230 nm u� 5070 70.70 ,am 70.70 70.70 1%/ 3708 e 8 T �' T _ T ' T T -.0.7.5. T T T T T T T T T T T T o r / glom i ,_ ii�ex.n 8 2 8 54 .o I be ,er $ "8 ]a "0 _ s f 9 70.70 32 :e _ swoef 8 5040 $ i/ QI :o _ s oef 8 nm .// _ . 70.70 - "8 2� "0 i/ 8 • "$® 28 "e _ mow 8 6.° 2] �0 _ ssoal 8 am s "� 26 "0 _ ssmef 9 .aa{' $ 25 „e _ 6woef 8 _ s n.aa "� 20 "0 oef 9 70.70 _ moo.f n.ao 2] A-5 8 $ "8 00 "0 _ sager 9 nm 21 �e _ mow •8 nm $ "� 20 "0 _ 557051 9 sam "� 19 "e _ moor 9 n.m IB �0P81 _ maoel 8 sam "$ 5100 " _ 5 .f 9 50.00 I6 �aP81 maoel •8 r 5oa5 "o _ s f 9 . _ s: El I 9i 9I �„n e.o� 9an94 811 vol s. s. caw" «e; (Doc. °.2009000322 o.PR . _) \P$ I N8912'48'E 1910.00' Lol 8 v°,. 7 P9. 1. Mop Records al Nu (Doc. No. 2009.0322, a.Pre.m. «c; County. ,5,005 r.) 11; ^l Trail �2 Troll _<�3e 39• ,n -e j en EA 15 ss No9nwe fiee°r0. . P,� NaeeH'c�u°lv. °+In 38 33 71-172, Tess r J 3 Northwest o Pg L---�.Ens- n�e lzR ® ssing Unit 1 e 1-2.r. .bye • °le 0;5'70 am cc. 50 5,1 85 �8 ,ler 8 5� •110 86 r8 556551 8 87 r8 el 8 S 0.50 e8 r8 5 of g 5.50 e9 r8 5 mf 8 £ 5.70 90 r8 5e65a1 2 0 91 r8 566551 8 e2 r8 5e el 8 sl,n-- e3 r8 5 of 8 a 51 n e4 i,8 5 mf 2 0 5100 95 �8 5e65a1 8 a sl.sa 96 r8 566551 8 o 5100 es 5e el g 0'" 1 4 5100 8 e8 �8 5 of g 5100 e9 ''8 5 mf 2 5100 100 �8 5e65a1 8 m. n l 5051 111 ���yyy 500 5/ 0 vla,m'am cx. n �y 70.5 51.60' 51.50 51.70 5.50 5..70 5100 5 ' 51.50 5..70 51.50. 50 51.70 51.50 5.52 55.5 {{f�g ,1 Plat of .mw. e55.5 " 00.,E Northwest Crossing Unit 8 mr ,3Ti ,m. f 1 Merl u'x 1 " Ilan Estacado Drive " x m w 70.70 50.70 50.70 - .m 50.0 70.70• nm n.aa nm �au nm 52.00 - am 50.70 50.00 50.00 7000• /"• , 11.84 Acres of Land out of Lots 1, 8 and 9, Artemus Roberts Subdivision, a mop of which is recorded in Volume J, Page 91, n r8 x70 0' n 17 r8 moos Sa.m N 16 r8 ssaal sam n 61005 r8 s .r 5a.m r8 _ maml sam 5,703 r8 5500s 50.70 12 r$ maar 50.70 �xo•.n. - r8 now 50.70 10 r8 snow 50.aa ' n _ ss or .' ' - - 8 8 r snow 52.00 ) s smr sam 8 6 r _ wow som - - n 5 s nal sa.m 8 moos 50.70 - - N $ ] r8 maml sam - - n 5526 r8 s er 50.70 1 x11,1 _ x e m rll$. 1Thomas 6x.50• t uuP 9" _ Mop Records of Nueces County, Texas; said 11.84 Acres being y�` out of a 11445 Acre Tract of Land, described as Option Tract �+^ - �^ V7. and shown on Exhibit A' in Special Worm* Deed from r D.H. Braman, Jr., Joe Braman, D.H. Braman, 111, and D.H. Ji b Braman, Jr., os Trustee o/ the Note S O'Connor Trust /or Edward Braman, to Shows Development Joint Venture, recorded in Document No. 2007024157, Official Public Records eros ck I Nortnwesl Cros��g Gwm noel ecords County.levos ue )y of N es Caunly, Texas. DATE: June 1. 2016 3.)lr � III er.-aoaire re.s M sl enwv,)I 90 60 30 30 ..0 60 120 o \ (1 (rU R B A N ENGINEERING SCALE: 1'=04' SOB N0.: 20404.06.03 DRAW2 or 2 7wanN ero� 0007050 . 50020,..,.' Jrosur eeo2016 by Urban Engineering 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 aue reouieren servicios especiales, se les suDlica que den aviso 48 horas antes de la junta Ilamando al deoartamento 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 dingirTe ala commission durante la junta v su ingles es limitedo favor de Ilamar al departamento de serviciosde'desarrollo al niimero (361) 826-3240 al menus 48 horas antes de la junta .para solicitar un intrprete ser presente duralnl is iunta. 1 CITY PLANNING COMMISSION 0- +PUBLIC HEARING NOTICE SES:t11G�S OE�EL00`A SER\JO- Rezoning Case No. 0716-02 gPE� Sha s. a opment Joint Venture has petitioned the City of Corpus Christi to consider a rezoning from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District, not resulting in a change to the Future Land Use Map. As a continuation of the Northwest Crossing Subdivision, the applicant proposes to develop 69 single-family lots with average lot sizes of approximately 5,500 square feet and average lot widths of approximately 50 feet. The property to be rezoned is described as: Being an 11.84 -acre tract of land out of Lots 1, 8 and 9, Artemus Roberts Subdivision, located on the west side of Rand Morgan Road between Goodnight Loving Road and McNorton Road. 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, July 13, 2016, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT. P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in_person, by telephone call or by letter. Printed Name: ho N! ay'; 7'A /lac.6n` 'L City/State: ��//j ZK Address: /97s 6/7icgr/l #7"116 2eQN FAVOR ( ) IN OPPOSITION Phone:16/ d' `vVd REASON: SEE MAP ON REVERSE SIDE Property Owner ID- 50 HTE# 16-10000022 Case No. 0716-02 Project Manager: Bob Payne Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, aue tienen la intention de asistir a este junta y clue reauieren servicios esoeciales, se les suplica clue den aviso 48 hares antes de la iunta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea_dirigirse a la commission durante la iunta y su incles es limited° favor de !lamer al d- •, amento de serviciosd-`.esarralla al numero 361 826-3240 al menos 48 horas antes de la 'unta •ara solicitor y> rprete ser presente ()whose la junta. .AUL '- + 2°16 sERVICDeo P OC At- SERVICES ES s CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0716-02 Shaws Development Joint Venture has petitioned the City of Corpus Christi to consider a rezoning from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District, not resulting in a change to the Future Land Use Map. As a continuation of the Northwest Crossing Subdivision, the applicant proposes to develop 69 single-family lots with average lot sizes of approximately 5,500 square feet and average lot widths of approximately 50 feet. The property to be rezoned is described as: Being an 11.84 -acre tract of land out of Lots 1, 8 and 9, Artemus Roberts Subdivision, located on the west side of Rand Morgan Road between Goodnight Loving Road and McNorton Road. 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 Pian 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, July 13, 2016, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: —1-2:"-;1— Address: 1-2:;1— Address: 11 1-5 C,3 r civ e "Trl IN FAVOR ( ) IN OPPOSITION REASON: SEE MAP ON REVERSE SIDE Property Owner ID 30 HTE# 16-10000022 City/State: c, C • 15/ - Phone: 341-54/ 7( ` 6'796 Signature Case No. 0716-02 Proj • Manager. Bob Payne Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, aue tienen la intencian de asistir a esta junta v que requieren servicios especiales. se les suolica aue den aviso 48 horas antes de la iunta 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 dirigit::e a la commission durante la iunta y su innlec es limitado_ favor de Hamar al departam llto de servicies de of a al numero (361) 826-3240 al mems 48 horas antes de la junta para solicitor ser presents 'uhta. ' r ��$ — CITY PLANNING COMMISSION jUL ocMf_�� sERvr3E PUBLIC HEARING NOTICE oEv ctiA� S ES Rezoning Case No. 0716-02 sF Shaws Development Joint Venture has petitioned the City of Corpus Christi to consider a rezoning from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District, not resulting in a change to the Future Land Use Map. As a continuation of the Northwest Crossing Subdivision, the applicant proposes to develop 69 single-family lots with average lot sizes of approximately 5,500 square feet and average lot widths of approximately 50 feet. The property to be rezoned is described as: Being an 11.84 -acre tract of land out of Lots 1, 8 and 9, Artemus Roberts Subdivision, located on the west side of Rand Morgan Road between Goodnight Loving Road and McNorton Road. 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, July 13, 2016, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 713469- 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: FP--e-411("071.!'l f2tth'S' Address:( 7(( titn.wu. TY 1 City/State: ! ( ) 1N FAVOR REASON: ft?) IN OPPOSITION Phone: }1-7?( au- Do('.. * +- C - � �c ;A4,0 [�'e -((err, cu�-c l4-tn,- K `�- 4 C� SEE MAP ON REVERSE SIDE Property Owner ID. 27 HTE# 16-10000022 Si Case No. 0716-02 Project Manager: Bob Payne AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of August 9, 2016 Second Reading Ordinance for the City Council Meeting of August 16, 2016 DATE: July 15, 2016 TO: Margie C. Rose, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Acceptance of 2016 Emergency Management Performance Grant for $70,159.20 CAPTION: Ordinance ratifying acceptance of a grant from the Texas Department of Public Safety, Governor's Division of Emergency Management, in the amount of $70,159.20 for the Emergency Management Performance Grant (EMPG); and appropriating $70,159.20 from the Emergency Management Performance Grant Program in the no. 1063 Emergency Management Grants Fund to improve mitigation, preparedness, response, and recovery capabilities for the City of Corpus Christi PURPOSE: The purpose of the grant is to support local comprehensive Emergency Management Programs to encourage improvements of mitigation, preparedness, response, and recovery capabilities of all hazards. The funds will be used to distribute public information materials to the citizens of Corpus Christi regarding hurricane preparedness; develop and update emergency management plans; conduct full-scale exercises; staff training; and support of the dialogic system. BACKGROUND AND FINDINGS: None ALTERNATIVES: Not accepting the grant will hinder planning and preparedness for responding to potential threats of man-made or natural disasters. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Council approval to ratify acceptance of grant. 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 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $70,159.20 $70,159.20 BALANCE $70,159.20 $70,159.20 Fund(s): Comments: None RECOMMENDATION: Staff recommends approving the ordinance to ratify acceptance and appropriating a grant in the amount of $70,159.20 from the Emergency Management Performance Grant Program. LIST OF SUPPORTING DOCUMENTS: Ordinance Award Notice Award Terms and Conditions Contract Ordinance Ratifying acceptance of a grant from the Texas Department of Public Safety, Governor's Division of Emergency Management, in the amount of $70,159.20 for the Emergency Management Performance Grant (EMPG); and appropriating $70,159.20 from the Emergency Management Performance Grant Program in the no. 1063 Emergency Management Grants Fund to improve mitigation, preparedness, response, and recovery capabilities for the City of Corpus Christi BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Acceptance of a grant from the Texas Department of Public Safety, Governor's Division of Emergency Management, in the amount of $70,159.20 for the Emergency Management Performance Grant (EMPG) on September 4, 2013 is ratified. SECTION 2. That $70,159.20 is appropriated from the Texas Department of Public Safety's, Governor's Division of Emergency Management, Emergency Management Performance Grant Program in the No. 1063 Emergency Management Grants Fund for improving mitigation, preparedness, response, and recovery capabilities for the City of Corpus Christi. 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 TEXAS DEPARTMENT OF PUBLIC SAFETY TEXAS DIVISION OF EMERGENCY MANAGEMENT (TDEM) NOTICE OF SUBRECIPZENT GRANT AWARD Program Title: FY 2016 Emergency Management Performance Grant DHS Instrument Number: 2016 -EP -00011 TDEM Grant Number: 16TX-EMPG-0581 Administered By: Texas Department of Public Safety Texas Division of Emergency Management P.O. Box 4087 Austin, Texas 78773-0220 SubRecipient: City of Corpus Christi 1201 Leopard St. Corpus Christi, TX 78401-9277 Amount of Grant: $70,159.20 Period of Grant: October 1, 2015 to March 31, 2017 The period of grant reflects a six (6) month PROGRAMMATIC EXTENSION ONLY to complete and close out your FY 16 EMPG grant year. Signing Acceptance of this document means that you accept and will comply with all requirements listed in the attached FY 2016 Terms and Conditions. AGENCY APPROVAL GRANT ACCEPTANCE Authorized Signature Required W. Nim Kidd, CEM Assistant Director Texas Department of Public Safety Chief Texas Division of Emergency Management Printed Name/Title: Date: 06/29/2016 Date: Return Signed Copy of This Page within 45 days to: Texas Department of Public Safety Texas Division of Emergency Management Attention: Heather Baxter, Grant Technician P.O. Box 4087 Finance and Grant Management MSC 0229 Austin, TX 78773-0220 2016 Emergency Management Performance Grant (EMPG) Terms and Conditions 1. Purpose: The FY 2016 priority for this program is to advance "Whole Community" security and emergency management. Grant funds will be used to support local comprehensive emergency management programs to encourage improvement of mitigation, preparedness, response, and recovery capabilities for all hazards. Funding may be used to support activities that contribute to the capability to manage consequences from acts of terrorism. Funds provided may also be used to accomplish initiatives described in the Federal Program Guidelines, including local implementation of the National Incident Management System (NIMS), incorporation of appropriate references to the National Response Framework (NRF) into local plans, homeland security assessment and strategy integration, and assessment of local emergency management program using Emergency Management Assessment Program (EMAP) standards. 2. Grant Conditions: Identify the source of funding under which this award is funded and reference the government code. The federal grant terms and conditions are located at: http://www.fema.gov/media-library/assets/documents/92248 3. Grant Acceptance: Notice of Subrecipient Grant Award remains an offer until the signed copy of the Acceptance of Subrecipient Grant Award is received by the Department of Public Safety in accordance with the instructions provided in the transmittal letter. 4. Work to Be Performed: The approved FY 2016 Statement of Work and Progress Report template outlines eight tasks that the grantee must perform during the grant period. The following additional tasks are also required of Subrecipients: A. Implement (NIMS) at the local level. B. Incorporate pertinent information concerning NRF into the local or inter - jurisdictional emergency management plan and its annexes. C. Subrecipients must have a tracking system of record to organize and coordinate resources in response to incidents. D. During the performance period of this grant, Subrecipient must maintain an emergency management plan at the Advanced Level of planning preparedness or higher, as prescribed by the Texas Division of Emergency Management (TDEM). This may be accomplished by jurisdictions maintaining their own emergency management plan or participating in an inter -jurisdictional emergency management program that meets the required standards. If TDEM identifies deficiencies in the Subrecipient's plan, Subrecipients will correct deficiencies within sixty (60) days of receiving notice of such deficiencies from TDEM. E. Subrecipients must maintain an updated inventory of equipment purchased through this grant program in accordance with Uniform Grant Management Standards — III, State Uniform Administrative Requirements for Grants and Cooperative Agreements, Subpart C -Post -Award Requirements, Reports, 1 Records, Retention, and Enforcement, Equipment and the Department of Homeland Security (DHS), Office of Grant Operations Financial Management Guide. F. The Subrecipient agrees that any equipment purchased with funds through this grant program shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security." Exceptions to this requirement are limited to items where placing of the marking is not possible due to the nature of the equipment. 5. Grant Funding: Lists the amount of funding for this award. The amount of this grant may be less than the amount requested in your Application for Federal Assistance due to limits on federal funding for the EMPG program. However, EMPG grant recipients should continue to report all eligible expenses in quarterly financial reports. In the event additional program funding becomes available from the federal government or unspent EMPG funds remain at the end of the fiscal year, TDEM may be able to allocate additional funding to EMPG program participants. 6. Financial and Administrative Requirements: In Accordance with 44 Code of Federal Regulations (CFR) Part 13, Subrecipient agrees to comply with the applicable financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide located at http://www.oip.usdoi.gov/financialguide/. A. All emergency management program costs for which the Subrecipient seeks reimbursement must be eligible in accordance with Office of Management and Budget (OMB) Circular A-87, Cost Principles or State, Local, and Indian Tribal Governments. A copy of that document is available at: http://www.whitehouse.gov/omb/circulars. B. Subrecipient will comply with the organizational audit requirements of OMB Circular A- 133, Audits of States, Local Governments, and Non -Profit Organizations. http://www.whitehouse.gov/omb/circulars default C. When implementing Federal Emergency Management Agency (FEMA) National Preparedness Directorate funded activities; the Subrecipient must comply with all federal civil rights laws, to include Title VI of the Civil Rights Act, as amended. The Subrecipient is required to take reasonable steps to ensure persons of limited English proficiency have meaningful access to language assistance services regarding the development of proposals and budgets and conducting FEMA funded activities. D. Subrecipient will assist the awarding agency (if necessary) in assuring compliance with the National Historic Preservation Act of 1966 Section 106 (16 U.S.C. § 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. § 469 a-1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. § 4321). (Federal Assurance). E. Subrecipient agrees to make no request for reimbursement for goods or services procured by the Subrecipient either prior to the start of the period of performance stated in this award document or after the end of the period of performance. 2 F. Notwithstanding any other provisions of this document, the parties understand and agree that the obligations of TDEM under this Agreement are contingent upon the availability of adequate funds to meet TDEM's liabilities. TDEM shall not be liable to the Subrecipient for costs under this Agreement that exceed the amount specified in the Notice of Subrecipient Grant Award. 7. Single Audit Act Requirements: If Subrecipient has expenditures in excess of $750,000 in federal funds of all types within a single fiscal year, it must have an audit performed in accordance with the Single Audit Act as amended. Subrecipient agrees to comply with the audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non-profit Organizations. 8. Reporting Requirements: Subrecipient agrees to comply with all reporting requirements and shall provide such information as required by TDEM. Reporting requirements are found in the 2016 Local Emergency Management Performance Grant (EMPG) Guide. Subrecipients may be required to submit additional information and data requested by TDEM and after the end of the period of performance in order to close out the grant. A copy of the 2016 Local Emergency Management Performance Grant (EMPG) Guide can be found on the TDEM website at: http://www.txdps.state.tx.us/dem/CouncilsCommittees/EM PG/em pgCurrentGuide.pdf. Subrecipient must prepare and submit Semi -Annual Progress Reports to TDEM for the duration of the grant performance period or until all grant activities are completed and the grant is formally closed. The first performance reporting period is October 1 to March 31 (progress report due April 15) and the second reporting period is April 1 to September 30 (progress report due October 15). Subrecipient may also be required to submit additional information and data as requested by TDEM. 9. Review of Work and Expenditures: TDEM may review the work of the Subrecipient with respect to approved program tasks and expenditures for which reimbursement is requested to ensure the federal awards are used for authorized purposes in compliance with laws, regulations, and the provisions of this contract or grant agreement and that performance goals are achieved. These reviews may include, without limitation: comparing actual Subrecipient activities to those approved in the sub -award application and subsequent modifications if any; ensuring that grant funds have been expended in accordance with applicable guidelines; confirming compliance with grant assurances, and verifying information provided on performance reports and payment requests. EMPG grant funds cannot be matched with any other federal funds. 10. Lobbying: A. As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the Subrecipient certifies that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; 3 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. 3) The Subrecipient will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. 11. Debarment, Suspension, and other Responsibility Matters: A. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 (Federal Certification). B. The Subrecipient certifies that it and its principals and vendors: 1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; Subrecipients can access debarment information by going to www.epls.qov. 2) Have not, within a three-year period preceding this application, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and 4) Have not, within a three-year period preceding this application, had one or more public transactions (Federal, State, or local) terminated for cause or default. C. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application (Federal Certification). 12. Monitoring: A. Subrecipient will provide TDEM, State Auditor, DHS personnel or their authorized representative, access to and the right to examine all paper or electronic records related to financial assistance. 4 B. Subrecipient agrees to monitor their program to ensure that federal awards are used for authorized purposes in compliance with laws, regulations, and the provisions of contracts or grant agreements and that the performance goals are achieved. C. TDEM may perform periodic reviews of Subrecipient performance of eligible activities and approved projects. These reviews may include, without limitation: performance of an on-site audit and compliance monitoring, including inspection of all grant -related records and items, comparing actual Subrecipient activities to those approved in the sub -award application and subsequent modifications if any, ensuring that advances have been disbursed in accordance with applicable guidelines, confirming compliance with grant assurances, verifying information provided in performance reports and reviewing payment requests, needs and threat assessments and strategies. D. Subrecipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of FEMA National Preparedness Directorate. E. The Subrecipient official certifies federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. Subrecipient may be required to supply documentation certifying that a reduction in non- federal resources occurred for reasons other than the receipt or expected receipt of federal funds. 13. Reimbursement for Expenses: Reimbursement for expenses incurred during the second and fourth quarter of Fiscal Year 2016 will not be disbursed until TDEM receives the first and second semi-annual EMPG Progress Reports, which are due on April 15, and October 15, respectively. 14. Choice of Law: This agreement shall be construed and governed by Texas law. 15. Changes to the Law: DPS is a state agency whose authority and appropriations are subject to the actions of the Texas Legislature and the United States Congress. If DPS and/or the subject matter of this contract become subject to a legislative or regulatory change, revocation of statutory or regulatory authority, or lack of funds that would render the services and/or goods and/or payment to be provided under this agreement impossible, unnecessary, void, or substantially amended, DPS may terminate this agreement without penalty to, or any liability whatsoever on the part of, DPS, the State of Texas, or the United States. This contract does not grant vendor a franchise or any other vested property right. 16. Written Modification: No modification or amendment to this Agreement shall become valid unless in writing and signed by both parties. 17. To the extent it applies, Subrecipient shall comply with Texas Government Code, Chapter 783, 1 Texas Administrative Code (TAC) §§ 5.141 et seq., and the Uniform Grant Management Standards, State Uniform Administrative Requirements for Grants and Cooperative Agreements, Subpart B, §_14. 5 18. To the extent it applies, Subrecipient shall comply with the General Appropriations Act, 80th Legislature, Article IX, Part 17. 19. TDEM may suspend or terminate sub -award funding, in whole or in part, or other measures may be imposed for any of the following reasons: failing to comply with the requirements or statutory objectives of federal law, failing to make satisfactory progress toward the goals or objectives set forth in the sub -award application, failing to follow grant agreement requirements or special conditions, failing to submit required reports, or filing a false certification or other report or document. Satisfactory progress is defined as accomplishing the following during the performance period of the grant: requesting federal funds for purchases, training, etc. and deciding what purchases will be made, ordering the equipment, ensuring the equipment is shipped and received, and training is accomplished with the equipment (or readied for deployment). All of the aforementioned tasks must be accomplished in a timely manner. Special Conditions may be imposed on Subrecipient's use of grant funds until problems identified during grant monitoring visits conducted by TDEM audit and compliance personnel are resolved. 6 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of August 9, 2016 Second Reading for the City Council Meeting of August 16, 2016 DATE: July 20, 2016 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Closing a utility easement located north of Williams Drive and west of Airline Road CAPTION: Ordinance abandoning and vacating a 0.060 acre portion of an existing 15 -foot wide utility easement out of a part of Lot H5, Wilkey Addition Unit 2 Corpus Christi Subdivision, located north of Williams drive and west of Airline Road; and requiring the owner, Williams Airline Partners, Ltd. to comply with the specified conditions. PURPOSE: The purpose of this item is to eliminate a utility easement and allow for Williams Airline Partners, Ltd. to create two smaller lots. BACKGROUND AND FINDINGS: Williams Airline Partners, Ltd. (Owner) is requesting the abandonment and vacation of a 0.060 acre portion of an existing 15 -foot wide utility easement out of a part of Lot H5, Wilkey Addition Unit 2 Corpus Christi Subdivision, located north of Williams drive and west of Airline Road. The abandonment and vacation of the utility easement is being requested by the Owner in conjunction with the re -plat of Wilkey Addition Unit 2, Lots H5A & H5B. Staff recommends the Owner pay no fair market value fee in accordance with City Code of Ordinance Section 49-13 because the Owner will be dedicating a utility easement to replace the existing one. The Owner has been advised of and concurs with the specified conditions of the Ordinance in regards to the easement dedication and the recording and filing of the ordinance. The Owner must also comply with all the specified conditions of the abandon and vacate ordinance within 180 days of Council approval. ALTERNATIVES: Denial of the utility easement closure. This will, however, adversely impact the Owner's ability to move forward with future development of the subject property. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: These requirements are in compliance with the City Code of Ordinances, Section 49-12 and 49-13. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies stated objections regarding the proposed utility 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 easement closure. The Owners must comply with all the following specified condition of the easement closure ordinance: a. Owner must dedicate new utility easements of equal or greater value than the property being released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Section 49-12, within 180 days of Council approval so that the requirement of paying fair market value for the property can be waived. b. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. c. Failure to comply with all the conditions outlined in this Ordinance within the specified time frame will hereby make the Ordinance null and void. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Location Maps Ordinance abandoning and vacating a 0.060 acre portion of an existing 15 -foot wide utility easement out of a part of Lot H5, Wilkey Addition Unit 2 Corpus Christi Subdivision, located north of Williams Drive and west of Airline Road; and requiring the owner, Williams Airline Partners, Ltd. to comply with the specified conditions. WHEREAS, Williams Airline Partners, Ltd. (Owner) is requesting the abandonment and vacation of a 0.060 acre portion of an existing 15 -foot wide utility easement out of a part of Lot H5, Wilkey Addition Unit 2 Corpus Christi Subdivision, located north of Williams drive and west of Airline Road; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 0.060 acre portion of an existing utility easement, subject to compliance by the Owners with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of Williams Airline Partners, Ltd. ("Owner"), a 0.060 - acre portion of an existing 15 -foot wide utility easement out of a part of Lot H5, Wilkey Addition Unit 2 Corpus Christi Subdivision, located north of Williams drive and west of Airline Road, as recorded in document number 2009041115 Deed Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a metes and bounds description and field notes, "Exhibit B", which is the graphical representation of the legal, and "Exhibit C", which is the location map which are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. SECTION 2. The abandonment and vacation of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. Owner must dedicate new utility easements of equal or greater value than the property being released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Section 49-12, within 180 days of Council approval so that the requirement of paying fair market value for the property can be waived. b. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. c. Failure to comply with all the conditions outlined in this Ordinance within the specified time frame will hereby make the Ordinance null and void. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio 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 Exhibit A 0.060 Acres Easement Closure STATE OF TEXAS COUNTY OF NUECES Job No. 41852.B6.00 February 29, 2016 Fieldnotes, for a 0.060 Acre, 15.00 Foot Wide Utility Easement Closure, over and across, Lot H5, Wilkey Addition Unit 2, a map of which is recorded in Volume 68, Pages 376-377, Map Records ofNueces County, Texas; said 0.060 Acre Tract being more fully described by metes and bounds as follows: Commencing, at a 5.18 Inch Iron Rod, with red plastic cap stamped "URBAN ENGR C.C. TX" Found, on the Northeast Right -of -Way of Williams Drive, a public roadway, for the South corner of the said Lot H5; Thence, North 61°01'00" West, with the said Northeast Right -of -Way, the Southwest line of the said Lot H5, 345.20 Feet, North 29°00'00" East, 10.00 Feet, to the Northeast line of a 10.00 Foot Wide Utility Easement of the said Lot H5, for the Point of Beginning and West corner of this Tract; Thence, North 29°00'00" East, with the Northwest line of a 15.00 Foot Wide Utility Easement of the said Lot H5, 173.60 Feet, to the South line of a 15.00 Foot Wide Utility Easement of the said Lot H5, running in a Northwest to Southeast direction, for the North comer of this Tract; Thence, South 61°00'00" East, with the said 15.00 Foot Wide Utility Easement, 15.00 Feet, to the East corner of this Tract; Thence, South 29°00'00" West, with the Southeast line of the said 15.00 Foot Wide Utility Easement, 173.60 Feet, to the Northeast line of the said 10.00 Foot Wide Utility Easement, for the South comer of this Tract; Thence, North 6I°01'00" West, with the said 10.00 Foot Wide Utility Easement, 15.00 Feet, to the Point of Beginning, containing 0.060 Acres (2,604 Square Feet) of Land, more or Tess. Bearings are based on the recorded plat of Wilkey Addition Unit 2, a map of which is recorded in Volume 68, Pages 376-377, Map Records of Nueces County, Texas. Unless this fieldnotes description, including preamble, seas and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of AN ENG EE NG James D. Carr, R.P.L.S. License No. 6458 S ISurveying\41852186001OFFICEIMETES AND BOUNDSIFN_15UEClosure.doc Page 1 of 1 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng,com TBPE Firm #145 TBPLS Firm #10032400 FAX (361)854-6001 Lot H3 Wilkey Addition Unit 2 Vol. 68, Pgs. 376-377, Map Records of Nueces County, Texas Went • Fd. 5/8" IR. with red plastic cap stamped 'URBAN ENGR C.C. Tx' Point of Beginning r N29'00'00'E 10.00' L1 co l4 Z co N LINE BEARING DISTANCE L1 S61'00'00"E 15.00' L2 N61'01'00"W 15.00' 75 50 Sketch to Accompany FIELDNOTES for 0.060 Acre, 15.00 Foot Wide Utility Easement Closure, over and across, Lot H5, Wilkey Addition Unit 2, a mop of which is recorded in Volume 68, Pages 376-377, Map Records of Nueces County, Texas. Lot H4 Wilkey Addition Unit 2 Vol. 68, Pgs. 376-377, Map Records of Nueces County, Texas 15'U,E. 15' Wide Utility Lot H5 Easement Closure Wilkey Addition Unit 2 0.060 Acres (2,604 Sq. Ft.) Vol. 68, Pgs. 376-377, Map Records of Nueces County, Texas 25 1V'U.E. N61'01.00"W 20'0.L. 345.20' Williams Drive (90' R.O.w.) 0 raphic Scale 1"=50' 50 7 O 0 VI a1 U O ao rn CV N a1 3 0 tn Vi J a 4• 1 of �, F c N 0. a1 o . E •c 2 c a r`1 c ' r - < 1 o J Q 25'B.L. J Point of Commencement t' URBAN ENGINEERING 10"[ MI Me 145. ISMS MI w 1000400 3735 SU1M1147f OR 001M J5 Collee TN MOP PHOC 311&3101 SW.1rM(MamM 100 L____ Exhibit B DATE: Feb. 29, 2016 SCALE 1'-50' JOB NO.: 41852.86.00 SHEET: 1 of 2 DRAWN BY: XG urbansurveylourbaneng.com 02016 by Urban Engineering -0L ❑ Q7 3 " o a McArdle Road c on cu qe 0 Winston ��P otNL co f 1 i o n v State Highway 358 L L 'fl w Williams Drive c ❑ 3 c 0 w , 0 . o % w Go •— • o c 1 rucewo, Curtis Clark In V'f U .,.d a1 Site 15 4'J.liei Aspenw :eechwoo4 u c 0 m al , ene y Vincent � G�e� Bonner �ba 0' �, ' Erskine 7� m .c Tanglewood I (O. 3 -P 31 0 Cain — o >. o 4^ �' f Gien 4rbor -o c rn - N 3 o Woodhaven 2 11 Lucinda Holly Road r 1 a r1 Bromley 1 entworth o, m v c fl ,. -oc a County u°oeswirka City of Corpus'ivhrie Burnham w °-, .x 3 r---"'1 a Capin Site Map 75 50 25 0 50 100 Sketch to Accompany FIELDNOTES far 0.060 Acre, 15.00 Foot Wide Utility Easement Closure, over and across, Lot 115. Wilkey Addition Unit 2, a map of which is recorded in Volume 68, Pages 376-377, Map Records of Nueces County, Texas. Graphic Scale 11 7Si fat P. 14& 111PI.3 7wu +d Ion IVO 2773 summit oe Cere s MEM 7= 11104 Alar, .X1=644101 1110111111110 13141:121 URBAN ENGINEERING Exhibit C DATE Feb. 29. 2016 SCALE 1.3•150' JOB NO.: 41852.86.00 SHEET: 2 of 2 asurveBy1Ourrb G urboneng.com 02016 by Urban Engineering AERIAL OVERVIEW WILKEY ADDITION UNIT 2 AERIAL MAP EASEMENT CLOSURE 1 N AGENDA MEMORANDUM First Reading for the City Council Meeting of August 9, 2016 Second Reading for the City Council Meeting of August 16, 2016 DATE: July 19, 2016 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 THRU: Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Advance Funding Agreement Contract for Professional Services Padre Island Mobility and Access Management Study CAPTION: Ordinance appropriating $192,000 of anticipated revenues from the Texas Department of Transportation (TxDOT); authorizing the City manager or designee to execute an Advance Funding Agreement with TxDOT for an estimated local participation cost of $9,600; and execute a contract for professional services with Maldonado -Burkett Intelligent Transportation Systems, LLP (MBITS) in an amount not to exceed $239,643 for a mobility and access management study on Padre Island. (Bond 2014 Proposition 2). PURPOSE: The City's total share of this project is $61,000. The purpose of this Agenda Item is to execute an advance funding agreement with the Texas Department of Transportation (TXDOT); and approve a Contract for Professional Services with Maldonado -Burkett Intelligent Transportation Systems, LLP (MIBTS) for Padre Island Mobility and Access Management Study. BACKGROUND AND FINDINGS: This is a joint City/TxDOT/MPO project with a cost share of 20/80 City/Federal respectively to complete an Access Management Study. The study evaluates existing access, mobility and other conditions on the designated corridors with recommendations for short-range and long-range improvement strategies. The designated corridors are Park Road 22 from Aquarius Street to Sea Pines Drive and State Highway 361 from Park Road 22 to Zahn Road. The intersections within the limits on Park Road 22 include: • Aquarius/Packery Point • Jackfish and Verdemar • Commodores/State Highway 361 • Whitecap Boulevard • Encantada and Sea Pines The overall objective of this project is to identify potential solutions to improve mobility and safety with future economic growth while reducing conflict points, congestion, accident rates and air pollution. The study includes field research, policy reviews and modeling/simulations to review existing conditions and alternatives. This project is part of the Corpus Christi Metropolitan Planning Organization's FY 2016 Transportation Improvement Program (TIP) and City's Bond 2014 Proposition 2 - TxDOT Participation Project. ALTERNATIVES: 1. Execute the Advance Funding Agreement with TXDOT and Contract for Professional Services with MBITS. (Recommended) 2. Do not execute the Advance Funding Agreement with TXDOT and Contract for Professional Services with MBITS. (Not recommended) CONFORMITY TO CITY POLICY: Ordinance complies with City Charter's requirements. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Not applicable FINANCIAL IMPACT: Fiscal Year 2015-2016 Project to Date Expenditures Current Year Future Years TOTALS Budget $253,000 $253,000 Encumbered / Expended Amount This item (TxDOT) 9,600 9,600 This item (M BITS) 239,643 239,643 Future Anticipated Expenditures This Project 3,735 3,735 BALANCE $22 $22 Fund(s): Street Bond 2014 RECOMMENDATION: City staff recommends approval of the Ordinance to enter into the Advance Funding Agreement and Contract for Professional Services. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Advance Funding Agreement Contract for Professional Services Presentation FY 2015-2018 Transportation Improvement Program (TIP) Form 1295 Ordinance appropriating $192,000 of anticipated revenues from the Texas Department of Transportation (TxDOT); authorizing the City manager or designee to execute an Advance Funding Agreement with TxDOT for an estimated local participation cost of $9,600; and execute a contract for professional services with Maldonado -Burkett Intelligent Transportation Systems, LLP (MBITS) in an amount not to exceed $239,643 for a mobility and access management study on Padre Island. (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 $192,000 of anticipated revenues from the Texas Department of Transportation (TxDOT) to Project #T16260 for the Padre Island Mobility and Access Management Study (Bond 2014 Proposition 2) SECTION 2. Revenues and expenditures in the amount of $192,000 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 Advanced Funding Agreement with TxDOT that provides for a 20/80 City/Federal cost share with the estimated local participation cost of $9,600. SECTION 4. The City Manager or designee is authorized to execute a contract for professional services for the Padre Island Mobility and Access Management Study (Bond 2014) in the amount of $239,643 with Maldonado -Burkett Intelligent Transportation Systems, LLP (MBITS) of Corpus Christi, Texas. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio 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: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor PROJECT BUDGET Padre Island Mobility and Access Management Study PROJECT FUNDS AVAILABLE: Texas Department of Transporatation $ 192,000 Street Bond 2014 Proposition 2 61,000 TOTAL FUNDS AVAILABLE 253,000 FUNDS REQUIRED: Study: Engineer (MBITS) 239,643 TxDOT Advance Funding Agreement 9,600 Reimbursements: Total Reimbursements 3,735 Contract Administration (Engineering Svcs Admin/Finance/Capital Budget) 1,245 Engineering Services (Project Mgt/Constr Mgt) 2,490 TOTAL $ 252,978 ESTIMATED PROJECT BUDGET BALANCE $ 22 StalE r- f 4946. rL OUR rLLlrr' PROJECT LOCATION VICINITY MAP NOT TO SCALE Project Number: T16260 Padre Island Mobility and Access Management Study CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES CSJ # 0916-35-197 District 16 Code Chart 64 # Project: Padre Island Mobility and Access Management Study Federal Highway Administration CFDA Title:Transportation Planning & Construction CFDA No.:20.205 Not Research and Development STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT NON -CONSTRUCTION ADVANCE FUNDING AGREEMENT for a Padre Island Mobility and Access Management Study STP -MM On System Project THIS Local Project Advance Funding Agreement for Non -Construction (LPAFA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation (State), and the City of Corpus Christi (Local Government). BACKGROUND A Master Agreement between the Local Government and the State has been adopted and states the general terms and conditions for transportation projects developed through this LPAFA. Federal law establishes federally funded programs for transportation improvements to implement its public purposes, including the Padre Island Mobility and Access Management Study program. Federal and state laws require local governments to meet certain contract standards relating to the management and administration of federal and state funds. The Texas Transportation Commission passed Minute Order Number 114585, which provides for development of and funding for the Project identified in this LPAFA. The Governing Body of the Local Government has approved entering into this LPAFA by resolution or ordinance dated 05/25/2015, which is attached to and made part of this LPAFA as Attachment A. NOW THEREFORE, the State and the Local Government agree as follows: AGREEMENT 1. Period of the Agreement This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed. This agreement shall remain in effect until the close of ordinary business on December 31, 2018. 2. Scope of Work The scope of work is the Project as detailed in Attachment B, which is attached to and made part of this LPAFA. 3. Local Project Sources and Uses of Funds A. The total estimated cost of the Project is shown in Attachment C, which is attached and made part of this LPAFA. The State will pay for only those Project costs that have been approved by the Texas Transportation Commission. The State and the Federal AFA-LPAFA_NonConstruction Page 1 of 9 Rev. 04/29/2016 CSJ # 0916-35-197 District 16 Code Chart 64 # Project: Padre Island Mobility and Access Management Study Federal Highway Administration CFDA Title:Transportation Planning & Construction CFDA No.:20.205 Not Research and Development Government will not reimburse the Local Government for any work performed before the federal spending authority is formally obligated by the Federal Highway Administration (FHWA). After federal funds have been obligated, the State will send to the Local Government a copy of the formal documentation showing the obligation of funds including federal award information. The Local Government is responsible for one hundred percent (100%) of the cost of any work performed under its direction or control before the Federal spending authority is formally obligated. B. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Government must complete training before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures and Qualification for the Texas Department of Transportation. The Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not designated a qualified individual to oversee the Project. C. The State will be responsible for securing the Federal and State share of the funding required for the Project. If the Local Government is due funds for expenses incurred, these funds will be reimbursed to the Local Government on a cost basis. D. The Local Government will be responsible for all non-federal and non -state participation costs associated with the Project. E. The State will not pay interest on any funds provided by the Local Government. F. The Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by the State no more frequently than monthly, and no later than ninety (90) days after costs are incurred. If the Local Government submits invoices more than ninety (90) days after the costs are incurred, and if federal funding is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs. G. Whenever funds are paid by the Local Government to the State under this LPAFA, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation." The check or warrant shall be deposited by the State and managed by the State. These funds may only be applied to the Project. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due by the Local Government, the State, or the Federal government will be promptly paid by the owing party. After final Project accounting if excess funds remain, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement with approval by appropriate personnel of the Local Government. H. Attachment C will clearly state the approval funding structure under 43 TAC §15.52. If the Local government is an Economically Disadvantaged County and if the State has approved adjustments to the standard financing arrangement, Attachment C will reflect those adjustments. AFA-LPAFA_NonConstruction Page 2 of 9 Rev. 04/29/2016 CSJ # 0916-35-197 District 16 Code Chart 64 # Project: Padre Island Mobility and Access Management Study Federal Highway Administration CFDA Title:Transportation Planning & Construction CFDA No.:20.205 Not Research and Development I. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. J. Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party. 4. Notices All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to that party at the following address: Local Government: City of Corpus Christi Director of Engineering Jeffrey Edmonds P.E. 1201 Leopard Street, 3rd Floor Corpus Christi, TX 78401 State: Director of Contract Services Texas Department of Transportation 125 E. 11th Street Austin, Texas 78701 All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party. 5. Termination Termination of this LPAFA shall be under the conditions as stated in the Master Agreement. This LPAFA may be terminated by the State if the Project is inactive for thirty-six (36) months or longer and no expenditures have been charged against federal funds. 6. Amendments Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. 7. Document and Information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements, and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed project time AFA-LPAFA_NonConstruction Page 3 of 9 Rev. 04/29/2016 CSJ # 0916-35-197 District 16 Code Chart 64 # Project: Padre Island Mobility and Access Management Study Federal Highway Administration CFDA Title:Transportation Planning & Construction CFDA No.:20.205 Not Research and Development estimate including types of activities and month in which the activity will be completed in the format required by the State. This requirement applies whether the Local Government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 8. Incorporation of Master Agreement Provisions This LPAFA incorporates all of the governing provisions of the Master Agreement in effect on the date of final execution of this LPAFA, unless an exception has been made in this agreement. 9. Debarment Certification The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this agreement, the Local Government certifies that it and its principals are not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party, to include principals, that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. 10. Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in 2 CFR 200 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. 11. Civil Rights Compliance A. Compliance with Regulations: The Local Government will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, the Federal Highway Administration, as they may be amended from time to time. B. Nondiscrimination: The Local Government, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Local Government will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 45 CFR Part 21. C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be performed under a subcontract, including procurement of materials or leases of AFA-LPAFA_NonConstruction Page 4 of 9 Rev. 04/29/2016 CSJ # 0916-35-197 District 16 Code Chart 64 # Project: Padre Island Mobility and Access Management Study Federal Highway Administration CFDA Title:Transportation Planning & Construction CFDA No.:20.205 Not Research and Development equipment, each potential subcontractor or supplier shall be notified by the Local Government of the Local Government's obligations under this contract and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or national origin. D. Information and Reports: The Local Government shall provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the State or the Federal Highway Administration to be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any information required of the Local Government is in the exclusive possession of another who fails or refuses to furnish this information, the Local Government will so certify to the State or the Federal Highway Administration, as appropriate, and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the Local Government's noncompliance with the Nondiscrimination provisions of this contract, the State will impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: a. withholding of payments to the Local Government under the contract until the Local Government complies and/or b. cancellation, termination, or suspension of the contract, in whole or in part. F. Incorporation of Provisions: The Local Government will include the provisions of paragraphs (A) through (E) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Local Government will take such action with respect to any subcontract or procurement as the State or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance provided, however, that in the event an Local Government becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Local Government may request the Texas Department of Transportation to enter into such litigation to protect the interests of the State; and, in addition, the Local Government may request the United States to enter into such litigation to protect the interests of the United States. 12. Disadvantaged Business Enterprise (DBE) Program Requirements A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State's federally approved DBE program. C. The Local Government shall set an appropriate DBE goal consistent with the State's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision-making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally -Approved Disadvantaged Business AFA-LPAFA_NonConstruction Page 5 of 9 Rev. 04/29/2016 CSJ # 0916-35-197 District 16 Code Chart 64 # Project: Padre Island Mobility and Access Management Study Federal Highway Administration CFDA Title:Transportation Planning & Construction CFDA No.:20.205 Not Research and Development Enterprise by Entity, and attachments found at web address http://ftp.dot.state.tx.us/pub/txdot-info/bop/dbe/mou/mou attachments. pdf. E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT) - assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of DOT -assisted contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this LPAFA. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this LPAFA. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub -contractor) must include the following assurance: The contractor, sub -recipient, or sub -contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT - assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. 13. Federal Funding Accountability and Transparency Act Requirements A. Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22705.pdf and http://www.cipo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22706.pdf. B. The Local Government agrees that it shall: 1. Obtain and provide to the State a System for Award Management (SAM) number (Federal Acquisition Regulation, Part 4, Sub -part 4.11) if this award provides more than $25,000 in Federal funding. The SAM number may be obtained by visiting the SAM website whose address is: https://www.sam.gov/portal/public/SAM/ 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine -character number that allows the federal government to track the distribution of federal money. The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet on-line registration website http://fedgov.dnb.com/webform; and 3. Report the total compensation and names of its top five (5) executives to the State if: i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. AFA-LPAFA_NonConstruction Page 6 of 9 Rev. 04/29/2016 CSJ # 0916-35-197 District 16 Code Chart 64 # Project: Padre Island Mobility and Access Management Study Federal Highway Administration CFDA Title:Transportation Planning & Construction CFDA No.:20.205 Not Research and Development 14. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98- 502, ensuring that the single audit report includes the coverage stipulated in 2 CFR 200. B. If threshold expenditures of $750,000 or more are met during the fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Audit Office, 125 East 11th Street, Austin, TX 78701 or contact TxDOT's Audit Office at http://www.txdot.gov/inside-txdot/office/audit/contact.html. C. If expenditures are less than the threshold during the Local Government's fiscal year, the Local Government must submit a statement to TxDOT's Audit Office as follows: "We did not meet the $ expenditure threshold and therefore, are not required to have a single audit performed for FY D. For each year the project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year. 15. Non -Discrimination Provisions A. Relocation Assistance: The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects. B. Disability: a. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794 et. Seq.), as amended, prohibits discrimination on the basis of disability; and 49 CFR Part 27. b. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by the Department of Transportation regulations at 49 C.F.R. parts 37 and 38. C. Age: The Age Discrimination Act of 1974, as amended, (42 U.S.C. § 6101 et. Seq.), prohibits discrimination on the basis of age. D. Race, Creed, Color, National Origin, or Sex: a. The Airport and Airway Improvement Act of 1982 (49 U.S.C. § 4.71, Section 4.7123), as amended, prohibits discrimination based on race, creed, color, national origin, or sex. b. The Federal Aviation Administration's Nondiscrimination state (4 U.S.C. § 47123) prohibits discrimination on the basis of race, color, national origin, and sex. c. Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et. seq.), prohibits discrimination on the basis of sex. d. Title IX of the Education Amendments of 1972, as amended, prohibits discrimination because of sex in education program or activities (20 U.S.C. 1681 et. seq.). AFA-LPAFA_NonConstruction Page 7 of 9 Rev. 04/29/2016 CSJ # 0916-35-197 District 16 Code Chart 64 # Project: Padre Island Mobility and Access Management Study Federal Highway Administration CFDA Title:Transportation Planning & Construction CFDA No.:20.205 Not Research and Development E. Civil Rights Restoration Act: The Civil Rights Restoration Act of 1987 (PL 100-209), Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs and activities" to include all of the programs or activities of the Federal -aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not. F. Minority Populations: Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures non- discrimination against minority and low-income populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations. G. Limited English Proficiency: Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, the Engineer must take reasonable steps to ensure that LEP persons have meaningful access to its programs (70 Fed. Reg. at 74087 to 74100). 16. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. AFA-LPAFA_NonConstruction Page 8 of 9 Rev. 04/29/2016 CSJ # 0916-35-197 District 16 Code Chart 64 # Project: Padre Island Mobility and Access Management Study Federal Highway Administration CFDA Title:Transportation Planning & Construction CFDA No.:20.205 Not Research and Development THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT Signature Margie C. Rose Typed or Printed Name City Manager Title Date THE STATE OF TEXAS Kenneth Stewart Director of Contract Services Texas Department of Transportation Date AFA-LPAFA_NonConstruction Page 9 of 9 Rev. 04/29/2016 CSJ # 0916-35-197 District 16 Code Chart 64 # Project: Padre Island Mobility and Access Management Study Federal Highway Administration CFDA Title:Transportation Planning & Construction CFDA No.:20.205 Not Research and Development ATTACHMENT A RESOLUTION OR ORDINANCE AFA-LPAFA_NonConstruction Page 1 of 1 Attachment A CSJ # 0916-35-197 District 16 Code Chart 64 # Project: Padre Island Mobility and Access Management Study Federal Highway Administration CFDA Title:Transportation Planning & Construction CFDA No.:20.205 Not Research and Development ATTACHMENT B SCOPE OF WORK Project Background: The Local Government will develop and provide a Padre Island Mobility and Access Management Study. The study corridors include State Highway 361, Park Road 22 and adjacent arterial, and the future Regional Parkway. The study is to identify mobility and access management of the Padre Island Mobility. The practices to be used during the study will include, the review of traffic count data, providing observations at a minimum of two weekdays, one weekend, and one peak traffic holiday and interacting with stakeholders within the corridors. The Local Government will propose applicable transportation management strategies to include modification of roadway configuration, operational and maintenance adjustments, and access management improvements that would mitigate the congestion and mobility on Padre Island in Corpus Christi. Task 1: Project Management & Administration The Local Government will provide project management and administrative duties for the study. These duties will include providing and maintaining a project schedule, preparing and mailing correspondence, conducting and coordinating project meetings, maintaining records, and preparing invoices at the end of the month. Task 2: Short Range Recommendations The Local Government will meet with the City Traffic Engineering staff, staff of the Metropolitan Planning Organization and Nueces County Parks to help define short range (1-5 years) improvements at the beginning and ending phases of the study. Additionally, the Local Government will meet, by way of 3 meetings and correspondence with the Island Strategic Action Committee, to define short range(1-5 years) improvements. The Local Government will make recommendations for capital improvements, roadway configuration changes, improving access management and traffic control in the subject area and any changes to maintenance requirements. Recommendations will take into consideration planned local and regional transportation improvements, project population changes, future land uses and changes in travel demand and environmental considerations. The Local Government will provide preliminary costs and cost effectiveness estimates for each short range improvement recommended. Task 3: Long Range Recommendations The Local Government will provide a long range (5+years) access management strategy in the study area that will delineate any recommended capital investments in roadway infrastructure, operational and maintenance adjustments and access management improvements. Recommendations will take into consideration planned local and regional transportation improvements, project population changes, future land uses and changes in travel demand and environmental considerations. Local Government will provide preliminary costs and cost effectiveness estimates for each long range improvement recommended. AFA-LPAFA_NonConstruction Page 1 of 2 Attachment B CSJ # 0916-35-197 District 16 Code Chart 64 # Project: Padre Island Mobility and Access Management Study Federal Highway Administration CFDA Title:Transportation Planning & Construction CFDA No.:20.205 Not Research and Development Task 4: Final Reporting The Local Government will prepare a final report on the short range and long range recommendations for improving mobility and access management for the Padre Island study area, as identified from Task 2 and Task 3. Local Government will provide preliminary costs and cost- and effective estimates for each improvement recommended. The Local Government will provide an overview of comments received during the three public meetings. Deliverables to be provided to the State: • a project schedule of projected meeting dates and project milestones, no more than 2 months after contract execution • monthly invoices, purchase order number, date of service and description of deliverables • Interim reports and schematics that delineate alternative, options and recommendations in a report from that includes conceptual drawings in both a printed and electronic form including PDF files and GIS layers, no more than eight months after contract execution. • final short range and long range reports, base -maps, schematics as appropriate on recommendations no more than 12 months after contract execution. • The final short range and long range reports, base maps and schematics as appropriate on all recommendations in both printed and electronic form as PDF files and GIS layers no more than twelve months after contract execution AFA-LPAFA_NonConstruction Page 2 of 2 Attachment B CSJ # 0916-35-197 District 16 Code Chart 64 # Project: Padre Island Mobility and Access Management Study Federal Highway Administration CFDA Title:Transportation Planning & Construction CFDA No.:20.205 Not Research and Development ATTACHMENT C PROJECT BUDGET Costs will be allocated based on 80% Federal funding and 20% Local Government funding until Local Government funding reaches the maximum obligated amount. The Local Government will then be responsible for 100% of the costs. Padre Island Mobility and Access Management -STP- MM Total Estimate d Cost Federal Participation State Participation Local Participation % Cost % Cost % Cost Task 1 Project Management & Administration (By LG) $48,000 80% $ 38,400 0% $0 20% $ 9,600 Task 2 Short Range Recommendations (By LG) $72,000 80% $ 57,600 0% $0 20% $ 14,400 Task 3 Long Range (By LG) $72,000 80% $ 57,600 0% $0 20% $ 14,400 Task 4 Final Reporting (By LG) $48,000 $ 38,400 0% $0 20% $ 9,600 80% Direct State Costs (4%) $ 9,600 0% $0 0% $0 100% $ 9,600 Indirect State Costs (5.74%) $13,776 0% $0 100% $13,776 0% $ 0 TOTAL $263,376 $192,000 $13,776 $ 57,600 Initial payment by the Local Government to the State: $9,600 Estimated total payment by the Local Government to the State: $9,600 This is an estimate. The final amount of Local Government participation will be based on actual costs. AFA-LPAFA_NonConstruction Page 1 of 1 Attachment C CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES MOBILITY AND ACCESS MANAGEMENT STUDY 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 Maldonado -Burkett Intelligent Transportation Systems, LLC, a Texas limited liability company, 3833 South Staples Street, Suite N214, Corpus Christi, Nueces County, Texas 78411, (Consultant), hereby agree as follows: 1. SCOPE OF PROJECT Padre Island Mobility and Access Management Study (Project No. T16260) - This project will provide a Mobility and Access Management Study along Park Road 22 and State Highway 361 within the Padre Island Area. This is to develop transportation mitigation strategies, such as roadway configuration, operation and maintenance practices, and access management. 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 this contract. Consultant shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. Contract for Professional Services Page 1 of 6 K %ENGINEERING DATAEXCHANGEIVELMAP\STREET1T16260 PADRE ISLAND MOBILITY AND ACCESS MGT STUDY CONTRACT MBITS116.0311 AE AGREEMENT - PRELIM AND DESIGN DOC 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 $239,643.00. 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. Contract for Professional Services Page 2 of 6 K:IENGINEERING DATAEXCHANGEWELMAPISTREETVr162S0 PADRE ISLAND MOBILITY AND ACCESS MGT STUDYICONTRACT MBITS116-0311 AE AGREEMENT PRELIM AND DESIGN.DOC 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. Contract for Professional Services Page 3 of 6 UENGINEERING DATAEXCHANGESVELMAPISTREETIT16260 PADRE ISLAND MOBILITY AND ACCESS MGT STUDYCONTRACT MBITS116-0311 AE AGREEMENT PRELIM AND DESIGN DOC 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: (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 httgs:/lwww.ethics.state.tx.uslwhatsnew/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 httgs://www.ethics.state.tx.usllegal/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 htto://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. Contract for Professional Services Page 4 of 6 K.%ENGINEERING DATAEXCHANGE4VELMAP1STREET1T16260 PADRE ISLAND MOBILITY AND ACCESS MGT STUDYICONTRACT MBIT5%16-0311 AE AGREEMENT - PRELIM AND DESIGN DOC 17. NON-DISCRIMINATION ASSURANCE The Consultant, sub -recipient or sub -consultant shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The Consultant shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT - assisted contracts. Failure by the Consultant to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as the City deems appropriate. CITY OF CORPUS CHRISTI MALDONADO-BURKETT INTELLIGENT TRANSPORTATION SYSTEMS, LLC 07/25/2016 J. H. Edmonds, P. E., Date Ramon H. Maldonado, Jr., P.E. Date Director of Engineering Services President 3833 South Staples Street, Suite N214 Corpus Christi, TX 78411 RECOMMENDED (361) 236-4611 Office ramon@mbitsgroup.com Operating Department Date APPROVED AS TO LEGAL FORM Legal Department Date APPROVED Office of Management Date and Budget ATTEST Rebecca Huerta, City Secretary Contract for Professional Services Page 5 of 6 KLENGINEERING DATAEXCHANGEIVELMAPISTREET1T1626o PADRE ISLAND MOBILITY AND ACCESS MGT STUDY CONTRACT MBITSLI6-0311 AE AGREEMENT PRELIM AND DESIGN DOC Padre Island Mobility and Access Management Study Project No. T16260 Total Contract Amount: $239,643.00 Fund Name Accounting Unit Account Activity No. Amount Street 2015 GO BD 14 3551-051 550950 T16260 -01 -3551 -EXP $47,643 Street CIP Fund 3530-051 550950 T16260 -01 -3530 -EXP $192,000 Total $239,643 Contract for Professional Services Page 6 of 6 K ENGINEERING DATAEXCHANGE4VELMAP4STREET4Ti626O PADRE ISLAND MOBILITY AND ACCESS MGT STUDYCCONTRACT MBITS\16-0311 AE AGREEMENT - PRELIM AND DESIGN.DOC ob, MALOOMA08.1WIRttt IMnLI laIhT ORTATIOM M5.IIF July 1 I, 2016 Mr. Jeff Edmonds, P.E. Director Engineering Services 1201 Leopard Street Corpus Christi, TX 78401 Re: Padre Island Mobility and Access Management Study Dear Mr. Edmonds: As requested, this is a fee proposal for the Padre Island Mobility and Access Management Study. MBITS is proposing to do a Mobility and Access Management Study along PR 22 and SH 361 within the Padre Island Area. Below is a summary along with fees associated with this project. Access Management Study Amount: $45,156.34 Short Range Strategies Plan Amount: $83,995.44 Long Range Strategies Plan Amount: $110,491.22 Total Contract Amount: $239,643.00 If you have any additional questions please let us know. Best Regards, Ramon H. Maldonado Jr., P.E. Managing Partner CC: Jerry Shoemaker, P.E. Chris Hale, P.E. Sarah Munoz, E.1.T. 3833 SOUTH STAPLES ST SUITE N214 CORPUS CHRISTI. TX 78411 • Office' 361.236.4611 • www.mbitsgraup.com EXHIBIT "A" Page 1 of 5 Page PR 22 from Aquarius St to Sea Padre Island Mobility Company Pines Dr & on SH and Access Disapine 361 from Park Management Study WBS Range Rd 22 to Zahn Rd Fee Estimated by Rev 1 Date Maldonado -Burkett Traffic Padre Island Mobility and Access Management Study Ramon Maldonado 1 07111116 Task Task Description Design Fee 1 Access Management Study Park Rd 22 and SH 361 Access Management Study ------- $45,156.34 Total 545,156.34 2 Short -Range Strategies Plan Crash Analysts, Intersectiontion Safetyand Operational __Improvement Plan, Right ht of WayEvaluation _ 583,995.44 Total 563.995 44 3 Long -Range Strategies Plan Ultimate Cooridor interchange naylsis Concepts, PR 22/ SH 361 Intersection/------- 5110 491 22 TOTAL LUMP SUM DESIGN ASSUMPTIONS Total 5110:491.22 $239,643.00 FEE SUMMARY = 1 1 EXCLUSIONS to be Provided by Client Traffic Con, , • tion Mana . ement - Alternate Access Corridors 2 Right of Way Maps from TxDJOT Page Page 2 PR 22 from Aquarius St to Padre Island Car ?any Sea Pines Dr & on Mobility and Access ne SH 361 from Park Management Study WBS news Rd 22 to Fee Zahn Rd Esernated by Rev Date ■ Maldonado-Burkett7raftic Padre Island Mobility and Access Management Study Ramon Maldonado 1 07111116 'NHS Task Description Drav+ing Sheets senior Project Llanager Senior Engineer 96.00 RPLS 32.00 Hours by Survey Technic an 32.00 Classification Senior Engineering Tech 58.00 Engineering Tech 32 00 Junior Engineering Tech 16 00 Admin 32 00 Y 28-00 all Park Rd 22 and 5H 361 Access Management Study MI __- NOM IMINIE MEIN IMIIIIIIIIII Previous Access Man: • ement work review ELEI 8.00 -- 4.00 --- - Draft . • for Access, Short end Lo • Ran r e. sir.r.1+ + -- 10.00 -- 24,00 Roadw: Conditions ++ 8.00-- ++ --- - Transit Services 1111.1 8.00 -- 11111=3:0 --- - C • rested Intersections 6.00 8.00 -- :-.1:1--- - Accident Review -- 4,00 -- 4.00 --- - Driveway Access -- :EJ -- 4.00 --- - Drivewa Turning radius -- :EJ --- 1:1111 - Number of Driveways oul la:r.i=lizica - Dnvewa Comer Clearance -- 4.00 --11111=111--- - Raised Median Drivewa , -- 4.00 -- 4.00 4.00 -- - Pedestrian Safely -- 4.00 -- 4.00 --- - Prepare exhibits -- :1,111 -- :/-1:1 16.00 Iliall - Coordination and Meeti r s Fi:LEI0111-- LICEI-- 8.00 COCC, MPO. Island Sirat -lc Actions Committee --------- - Right of Way Evaluation -- 4.00 16.00 16.00 - 4.00 -- - MIR Verification -- 4,00 16.00 16.00 ---- - OAQC 8.00 8.00 ------ - --------- - --------- 28.00 MaIEDIMELEHMEMI 96.00 32.00 32.00 $ 65.00 58.00 EMIMI 32-00 EilinEl 16.00 E=MIGI 32.00 + + 1 V - Subtotal- Direct Labor Rates 2014) i 1 "er ., verage ..r Ca a.•n•lte204 ru20di ! Subtotal Direct Labor Costs ilDillili:111i1:11111111111311 5 6.119 68 S 16 785 60 S 4 000 00 5 2,720 00 _ S 8.938.10 Total Hours 5 3 7723 20 5 t 021.76 5 1 824,00 '' 326 Exclusions City to provide topo/utilitieslroadwayfiles. Total Direct Labor Costs 545.156.34 Page 2 PR 22 from Aquarius St to Padre Island Company Sea Pines Dr & on Mobility and Access Discp ne SH 361 from Park Management Study WOS Range Rd 22 to Fee Zahn Rd Estimated by Rev Date ■ Maldonado -Burkett Traffic Padre Island Mobility and Access Management Study Ramon Maldonado 1 07111116 raw■ WBS Task Description Drawing Sheets Senior Project Manager Senior Engineer 120-00 RPLS 40-00 Hours by Survey Technician Classification Senior Engineering Tech 130.00 Engineering Tech 184.00 .esm Junior Engineering Tech 90.00 Admin 20.00 44.00 ShortRange_MIME _______- MIME =ME -�al•:�ilhl [_i71r- -3r. A..- c, S '. . •. L• 'la !1:i 16.00 f[x r.w na-ria- 9I' .e n:i[-i:c..,ra r r [ [ -- 28.00 --- - Inte !ovenmental Coordination Ellil 24.00 1200 - 16.00 --- - Establish Desi. n Standards EIIII =MIMI-- 16.00 --- - Limit Conflict Points Eill =MIMI-- 16.00 --- - Remove Tumi . Vehides from Travel Lanes -- 800 -- 16.00 --- - Encou • e Shared Driveways, Unified Site Plans, Cross Access 200 800 -- 16.00 --- - Easements --- 28.00 40.00 ---- - Identify, Study and Model Traffic Si! nals to Enhance Traffic Movement =EMI-- 18.00 100.00 50.00 =ME P , • =re exhibits. ------ 84.00 40.00 - Coordination end Meati !s 400 4.00 --MEIgra--13E1 QAQC 800 8 00-111.MM--Mini - --------- - --------- -EMMIEMEIMI 44.00 120.00 40.00 r [ 0-00 [ [ 130.00 E=M3EIMIEMZEIEl 184.00 90.00 20.00 [ [ q Subtotal- Direct Labor Rates 2014 - ighted Average Labor Escalation Rata (2014 thru 2016) ilill 5 9 515 04 _ ill11r S 20.982 00 [ 5 =ii 0001x+ 0111 5 - ilill[ 5 20 078 50 Total Hours r 5 21 409 40 [ [ 5 5 TOO 0a0 [ r 5 1, s40 00 ; 628 Subtotal Direct Labor Costs t Exclusions City to provide topolutilitieslroadway files. Total Direct Labor Costs 583 995 44 Page 4 PR 22 from Aquarius St to Padre Island Company Sea Pines Dr & on Mobility and Access Dlscipine SH 361 from Park Management Study WBS Range Rd 22 to Fee Zahn Rd Estimated by Rev Bate ■ Maldonado -Burkett Traffic Padre Island Mobility and Access Management Study Ramon Maldonado 1 07111116 VMS Task Description ❑racing Sheets Senior Prosect &tanager 42 00 Senior Eng neer 266.00 RPLS 24.00 Hours by Survey Technician Ciassification Senior Engineering Tech 172.00 Engineering Tech 152.00 EEMIENE Junior Engineering Tech 100.00 Admin 20.00 Long Range Finalize Report for Access. Short and Lo a Range. ME= 4 00 16.00 -- 8.00 -- 16.00 Median Closures -- 10.00 -- 6.00 --- Median Channelization -- 10.00 -- 8.00 --- - Left Tum Bay Extensions -- 10.00 -- r r --- - Si !nal System Improvements Fillilx x --FICEI 60.00 - Driveway Consolidations -- 16.00 -- 8.00 --- - Ri . ht Tum Bays -- 12.00 -- 6.00 --- - T -Intersection Treatment -- 16.00 ------ - New Ca. _ .y Construction +' 20.00 iEC3--- - Additional Studies to Evaluate S. • .. c Intervention Alternatives EIZIZI 40.00 -- 40.00 --- - Pre . : re exhibits. ------ r r 50.00 - Ri, ht of Wa Evaluation --- 24.00 ----- - Schematic Concept Desi . n 16.00 80.00 -- 40.00 60.00 50.00 - Coordination and Meet !a 4.00 4.00 -- COD -- 4 00 QAQC IMIII 8.00 8.00 ------ - --------- - MIME - -Filignia 42.00 266.00 EilMalnil 24.00 IrMiEMEI 0.00 S 85.00 172.00 EMEKEIENNIIIIMIESINIZEill --- 152.00 100.00 20.00 EMMEI i I Subtotal Direct Labor Rates 2014 Weighted Average Labor Escalation Rate (•' 14 thru 2016) - 1.00 5 5 175 52 1.00 5 40.5)0 10 1.00 5 3 CO3 00 1.00 5 - 1.00 S 241.5155 40 Total Hours 5 17,066 20 1.00 5 2.5 4 x-, 00 100 5 :,t.:0 00 776 Subtotal Direct Labor Costs 1 Exclusions City to provide lopclutilitieslroadway files. Total Direct Labor Costs 3110 491.22 Page 4 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees 13 m cc A) 0 COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Total Contract Amd No. 1 Amd No. 2 Contract Amount Previous Invoiced invoice Total Invoice Percent Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% Sample form for: Payment Request Revised 07/27/00 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. Corpus Chr- sti Engineering Padre Island Mobility and Access Management Study Street Bond 2014 Proposition 2 Council Presentation August 9, 2016 Project Location Corpus Chrsti Engineering 2 Project Scope Corpus Chr sti Engineering This is a joint City/ MPO project that provides for an Access Management Study on Park Road 22 from Aquarius Street to Sea Pines Drive and on State Highway 361 from Park Road 22 to Zahn Road as follows: The study evaluates existing conditions and potential development impacting mobility, safety, and economic growth while reducing conflict points, congestion, accident rates, and air pollution. Recommendations for short-term and long-term strategies. Cost Sharing 20/80 with City/State respectively 3 Project Schedule Corpus Chrsti Engineering 2016 2017 1 Nov Access Mgt Study Short -Range (Long -Range Strategies Aug 1 Sep Oct Dec Jan Corpus Chr sti Engineering Questions? FY 2015 - 2018 Transportation Improvement Program MPO ID p S105 -01 -CERT -15 0102-01-106 5210-01-C-15 0916-00-066 0916-00-067 0916-35-901 0916-35-903 S132E0299 51540M0112 F -214-C7-15 F -213-C7-15 Highway Project Summary 2/1/2016 PROJECT NAME Harbor Bridge Project SH 44 Regional Parkway Environmental Study Roadway Operation & Maintenance Strategic Integration (Travel Demand Model Feasibili Padre Island Mobility & Access Management Study W. FROM Beach Avenue end of Clarkwood West of FM 3386 Relief Route TO Morgan Avenue at Crosstown Various Locations Various Locations Various Locations Various Locations CATEGORY CAT 2, 6, 7, 12' CAT 2, 72 CAT 7 CAT 7 CAT 7 CAT 7 ROJECT SPONSO State/TxDOT TxDOT-CCRP TxDOT-CCRP TxDOT-CCRP City of Corpus Christi City of Corpus Christi $900,000 $1,030,000 $460,000 $240,000 IL 0916-28-061 5078 -01 -CE -15 Hike & Bike Trail Sunset Dr. @ Bay View Blvd. Intersection of 1st Ave. & Houston St. CAT 9 - TE City of Portland $180,000 Holly Rd. Landscaping 0916-35-168 5119C0194 Williams Drive On Williams Dr. from Airline Rd. 5. Staples Street CAT 3LC, 7 City of Corpus Christi $9,300,000 M -211-C7-16 B -215-C9-16 0916-35-172 5206-01-C-15 Joe Fulton Corridor Along Joe Fulton Corridor CAT 3TMF/LC Port of Corpus Christi $28,835,868 RTA Trip -end Bike Facility Installation 1 0916-35-175 5207 -00 -CE -15 Schanen Ditch Hike & Bike Trail Along Schanen Ditch from Yorktown Saratoga Blvd. 1 CAT 9 -TE City of Corpus Christi $1,036,698 Killarmet Total: $864,982,566 0617-01-170 0916-00-068 0916-35-170 5087CO294A 5154C0112 5049C0497 SH 358 (SPID)IRaamp Reversal P� Pedestrian & Bike Facilities Holly Rd. Travel Lanes South Staples Street Ayers Street Various Locations Holly Rd. from SH 286 Greenwood Dr. CAT 2 CAT 7 CAT 7/3LC TxDOT-CCRP TxDOT-CCRP City of Corpus Christi $35,000,000 $1,200,000 $6,681,755 0916-35-174 0916-35-195 0 N0916-35-196 0916-28-066 LIN 5049 -01 -CE -15 Holly Rd. Landscaping Holly Rd. from SH 286 Greenwood Dr. Various Locations Various Locations On Akins Dr. from Wildcat Dr. Lang Rd. CAT 9 - TE City of Corpus Christi $186,804 P -212-C7-16 Harbor Bridge Hike & Bike - Connectivity CAT 7 City of Corpus Christi $1,200,000 M -211-C7-16 B -215-C9-16 Harbor Bridge Park Improvements Akins Dr. Pedestrian & Bike Facility CAT 7 CAT 9 -TAP City of Corpus Christi City of Portland $1,300,000 $430,500 0916-35-199 B -217-C9-16 RTA Trip -end Bike Facility Installation 1 Various Locations CAT 9 - TAP CCRTA $235,500 0916-35-200 B -218-C9-16 Schanen Ditch Hike & Bike Trail Along Schanen Ditch Saratoga Blvd. Killarmet CAT 9 - TAP City of Corpus Christi $636,000 0916-35-201 B -219-C9-16 Dr. Hector P. Garcia Park Hike & Bike Trail At Garcia Park on Greenwood Dr. CAT 9 - TAP City of Corpus Christi $330,400 0916-35-202 B -220-C9-16 RTA Trip -end Bike Facility Installation 2 Various Locations CAT 9 - TAP CCRTA $75,000 NOTE: Shaded areas denote GROUP Projects FY 2015-2018 Total: $47,275,959 Total: $912,258,525 MPO Funding includes CAT 2 & 7 for FY 2015/2017/2018/2019; may require FY 2020 2 FY 2015 Proposition 1 funding Funding Category Types: CAT 2: Metro Corridor Projects CAT 6: Structures Replacement and Rehabilitation (Bridges) CAT 7: Metro Mobility & Rehabilitation Projects CAT 9: Transportation Enhancement Program (TE) and Transportation Alternatives Program (TAP) CAT 12: Strategic Priority - TTC selected projects LC: Local Contribution CORPUS CHRISTI MPC M[ 1 KC:=ou 1 AN FLANNJ Nu ORCAN.rA TIP Amendment February 2016 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 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Maldonado -Burkett ITS, LLP Austin, TX United States Certificate Number: 2016-84836 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 07/14/2016 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. T16260 Traffic Engineering and Signal Design 4 Name of Interested Party City, State, Country (place of business) Nattire of interest (check applicable) Controlling Intermediary Maldonado, Ramon Austin, TX United States X Burkett, Karl Austin, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT l swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. """'"° TONI PERKINS 'f':""4's (47*.f.1 Notary Public. S€ate of Texas .€ My Commission Explies tattl' May 18, 2019 - Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said -Ba in Vnfi k Jo this the `y day of 1[4, , 11/420 to , to certify which, witness my hand and seal of office. f 0 S t Signature of officer administering oath Printed name of officer administering oath Title of o cer administering oath. Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 AGENDA MEMORANDUM First Reading for the City Council Meeting of August 9, 2016 Second Reading for the City Council Meeting of August 16, 2016 DATE: July 14, 2016 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Valerie H. Gray, P.E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3726 FROM: Jeffrey Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Amending City Code to improve traffic circulation for Fannin Elementary School CAPTION: Ordinance amending the Code of Ordinances, Chapter 53, Article VIII, Section 53-250 Schedule I — One Way Streets and Alleys by altering the direction of one-way traffic on Alexander Street from west to east and removing the one-way designation from Devon Drive, from Gollihar Road to Alexander Street; providing for severance; and providing for publication. PURPOSE: An ordinance amendment will improve traffic circulation during school zone hours for Fannin Elementary School. BACKGROUND AND FINDINGS: The City of Corpus Christi received a request from Fannin Elementary School to change the current traffic pattern during school zone hours (7:15 AM — 8:15 AM and 2:45 PM -3:45 PM). This change was requested in order to improve the school's drop-off and pick-up operations. Devon Drive and Alexander Street abut Fannin Elementary and are designated as one-way during school hours per ordinance. Traffic flows one-way in the north direction on Devon Drive, from Gollihar Road to Alexander Street, and one-way in the west direction on Alexander Street, from Devon Drive to Spring Street. Altering the one-way designation of Alexander Street from west to east and removing the one-way designation from Devon Drive is required to accommodate the proposed change in operations. Traffic Engineering coordinated with the Corpus Christi Police Department (CCPD) to ensure the proposed changes would improve the safety of children walking to school, alleviate congestion for parents during drop-off and pickup times and ease traffic circulation around the school. City staff determined the proposed traffic changes will enhance school arrival and dismissal procedures and should not affect parking for residents living adjacent to the school's property. The City's Transportation Advisory Commission reviewed and recommended approval of the proposed ordinance amendments at their June 27, 2016 meeting. ALTERNATIVES: Denial of the proposed ordinance amendments. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The one-way street designations conforms to City policy. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Street Operations Police Department 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: City 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 altering the direction of one-way traffic on Alexander Street from west to east and removing the one-way designation from Devon Drive, from Gollihar Road to Alexander Street; providing for severance; and providing for publication. 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 (b) is revised regarding the one-way designation for portions of Alexander Street and Devon Drive. "Sec. 53-250. - Schedule I—One-way streets and alleys. (b) School areas. In accordance with section 53-103 and when properly signposted, all traffic shall move only in the direction indicated during the school hours indicated by signs on the following streets or portions of streets: Street or Portion of Street Alexander Street, from Devon Drive to Spring Street Devon Drive, from Gollihar Road to Alexander Street 44 Direction of Traffic West East North 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. SECTION 4. Publication shall be made one time in the official publication of the City of Corpus Christi by publishing the caption stating the purpose of the ordinance. This ordinance to become effective upon such publication. 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 eceS BaY [IP ftl.Vet :orpus Christi 4. 9tionaI Airport Texas Stale Aqui riurn ..4-6 Project Location 49.4 763 r Corpus Christi iu 0 (13 C9 IP r 4 Alto E LOCATION MAP NOT TO SCALE :444 Jeavirt Removing and Altering School Area One -Way Traffic Flow ( Fannin Elementary Traffic Circulation ) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Christi Engineering Removing & Altering School Area One -Way Traffic Flow (Fannin Elementary Traffic Circulation) Council Presentation August 9, 2016 Vicinity Map Corpus Chr sti Engineering ... `. S CHRIST BAY PROPOSED TRAFFIC CIRCULATION CHANGE FANNIN ELEMENTARY TTJNS Pau CCRIRIA CHRISTI N SCALE N.T.S. Qiave� ars srwnoR, FLOUR BLUFF 2 Location Map Corpus Chr sti Engineering ° 7 - - 4 - - • - - .• ° P#11P1°' • t SCALE: N.T.S. PROPOSED TRAFFIC CIRCULATION CHANGE FANNIN ELEMENTARY irk AA . LEGEND <1= EXISTING ONE WAY CIRCULATION PROPOSED ONE WAY CIRCULATION CHANGE PROPOSED TWO WAY CIRCULATION CHANGE Scope 10 �hrsti Engineering • Fannin Elementary requested changes to traffic flow • Improves drop-off & pick-up traffic circulation • Improves safety for students & parents • Supported by CCPD & Traffic Engineering • Existing Ordinance (Traffic Flow) • Devon Drive - Northbound from Gollihar Rd to Alexander St • Alexander Street - Westbound from Spring Street to Devon Dr • Proposed Ordinance Amendments • Devon Drive - Remove One -Way Designation • Alexander Street - Alter Traffic flow to Eastbound from Devon Drive to Spring Street • Notification Letters were issued to residents abutting affected streets • TAC recommends approval of ordinance amendments 4 011 Corpus Chr sti Engineering Questions? 5 AGENDA MEMORANDUM Public Hearing for the City Council Meeting of August 16, 2016 Resolution for the City Council Meeting of August 23, 2016 DATE: August 2, 2016 TO: Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 361-886-2603 Public Hearing and Resolution approving the FY 2016/2017 budget for the Corpus Christi Crime Control and Prevention District. CAPTION: Public Hearing and resolution approving the FY 2016/2017 budget for the Corpus Christi Crime Control and Prevention District. PURPOSE: Hold a public hearing and approve the Crime Control and Prevention District FY2016/2017 budget BACKGROUND AND FINDINGS: Provisions of the Local Government Code section 363.205 require that the governing body of the political subdivision that created the Crime Control and Prevention District shall hold a public hearing on the proposed annual budget to receive public comment and approve or reject the budget submitted by the Board of Directors of the Corpus Christi Crime Control and Prevention District. On November 4, 1997, the voters established the Crime Control and Prevention District for 5 years beginning April 1, 1998. The voters renewed the District on November 6, 2002 for five years, and again on April 14, 2007 for ten years. This continues the 1/8th-cent sales tax to fund the District and provide additional funds to enhance law enforcement efforts in the City of Corpus Christi. The next vote for a ten year period is November 8, 2016. The Crime Control and Prevention District held a public hearing on June 15, 2016 and the Board adopted the budget on the same day and amended on August 4, 2016 due to the increased cost of retirement and insurance, figures that were not available in June. The budget must now be submitted to the City Council for approval. The City Council must hold a public hearing in accordance with notice and all other procedures required by law. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Finance FINANCIAL IMPACT: Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $7,678,629 $7,678,629 BALANCE $7,678,629 $7,678,629 Fund(s): 9010 — Crime Control and Prevention District fund Comments: Revenues of $6,916,701 are budgeted to support the expenditures. RECOMMENDATION: Staff recommends approving the budget LIST OF SUPPORTING DOCUMENTS: Budget adopted by the Crime Control and Prevention District Board of Directors Resolution Approving the Crime Control and Prevention District Budget Presentation CITY OF CORPUS CHRISTI, TEXAS Crime Control and Prevention District FY 2016-2017 Adopted Budget ,,,„..i. 4 pd t d'AIVYt. ()) DISTRICT Adopted: August 4, 2016 Crime Control & Prevention District FY 2014/2015 Actual Revenues & Expenditures FY 2015/2016 Year End Revenue & Expenditure Estimates FY 2016/2017 Adopted Budget Actuals Amended Estimated Proposed 2014/2015 2015/2016 2015/2016 2016/2017 Sales Tax Beginning Balance 4,909,229 Revenues 7,168,860 7,500,000 6,900,000 6,900,000 5,441,581 3,930,709 Interest on Investments 12,809 3,000 Net Inc./Dec. in FV of Investm 1,334 (1,334) Sale of Scrap/City Property 18,524 - Transfer From Other Funds - 4,587 4,587 Juvenile Drug Testing 6,313 10,000 10,000 8,000 Total Current Revenues 7,207,840 7,517,587 6,929,084 6,916,701 Total Funds Available 12,117,069 7,517,587 12,370,665 10,847,410 15,831 8,700 Expenditures Police Officer Costs 4,951,717 5,864,518 5,758,253 6,277,981 Police Officer Trainee Intern 234,446 127,123 74,968 0 Pawn Shop Detail 165,851 168,469 160,352 206,500 Public Safety Veh. & Equip. 507,584 1,098,314 1,586,632 156,000 Police Academy Costs 198,280 169,703 107,310 0 Election Costs - - 0 120,000 Juvenile Assessment Center 425,432 506,177 506,170 489,961 Crime Prevention 128,160 193,356 167,631 199,849 Juvenile City Marshals 64,018 140,195 78,640 78,338 Reserve Appropriation - 122,723 0 150,000 Total Expenditures 6,675,488 8,390,579 8,439,956 7,678,629 8/4/2016 Ending Balance 5,441,581 (872,992) 3,930,709 3,168,781 Surplus/(Deficit) 532,352 (872,992) (1,510,872) (761,928) Page 1 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT POLICE OFFICER COSTS - 11711 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Proposed 2014-2015 2015/2016 2015/2016 2016-2017 Salaries and Wages 2,861,191 3,322,288 3,326,273 3,423,850 Overtime 292,180 332,229 372,454 332,229 Other Pay 135,991 225,000 274,063 225,000 Retirement 776,258 982,602 1,018,507 1,099,176 Group Insurance Benefits 456,718 377,856 377,856 538,091 Other Employee Benefits 9,970 33,192 33,192 32,746 Clinical Supplies - - - - Chemical/Household Supplies - 300 300 Clothing 54,427 122,973 65,531 100,000 Fuel & Lubricants 66,622 175,000 43,176 175,000 Food and Food Supplies 1,623 1,000 1,792 1,000 Minor Tools & Equipment 126,890 75,826 35,500 75,000 Computer equipment and Software 370 - - - Office Supplies 55 1,200 1,200 1,200 Maintenance & Repairs - 300 270 300 Professional Services 21,450 2,500 8,624 2,500 Vehicle Repairs 248 300 300 300 Rentals 92 - - Postage & Express Charges 96 - Telephone/Telegraph Service 11,770 17,200 17,059 17,200 Equipment Maintenance - 1,000 1,000 1,000 Police Supplemental Insurance 6,000 6,000 7,500 6,000 Police Vision Insurance 4,186 5,292 4,382 5,292 Sworn Employee - Dental 20,460 34,020 21,135 34,020 Self Insurance Allocation 105,120 148,440 148,440 207,777 Totals 4,951,717 5,864,518 5,758,253 6,277,981 FTES: FY 2011/2012 - 50 Police Officers FY 2012/2013 - 50 Police Officers FY 2013/2014 - 50 Police Officers FY 2014/2015 - 63 Police Officers FY 2015/2016 - 63 Police Officers FY 2016/2017 - 63 Police Officers 8/4/2016 Page 2 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT POLICE OFFICER TRAINEE INTERN -11712 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Proposed 2014-2015 2015/2016 2015/2016 2016-2017 Salaries & Wages Overtime Retirement FY 2013/2014 - FY 2014/2015 - FY 2015/2016 - FY 2016/2017 - 8/4/2016 184,331 50,115 100,109 60,472 1,500 - 25,514 14,496 Totals 234,446 127,123 74,968 5 Police Officer Trainee Interns 5 Police Officer Trainee Interns 5 Police Officer Trainee Interns 0 Police Officer Trainee Interns Page 3 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT PAWN SHOP DETAIL -11713 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Proposed 2014-2015 2015/2016 2015/2016 2016-2017 Salaries and Wages 107,518 107,293 103,303 112,164 Overtime 1,996 3,000 1,544 3,000 Other Pay 43 1,000 1,711 1,000 Retirement 25,670 27,946 27,134 Group Insurance Benefits 17,238 13,344 13,344 Other Employee Benefits 803 2,100 2,100 Minor Tools & Equipment - 100 - 100 Minor Office Equipment 33 500 308 500 Office Supplies 2,873 2,500 222 2,500 Professional services - - 21,758 Non -Capital Lease Payments 1,278 1,278 1,278 1,278 Self Insurance Allocation 8,400 9,408 9,408 9,038 32,073 21,010 2,079 FTES: FY 2011/2012 - 4ftes FY 2012/2013 - 4 ftes FY 2013/2014 - 4 ftes FY 2014/2015 - 4ftes FY 2015/2016 - 4 ftes FY 2016/2017 - 4 ftes 8/4/2016 Totals 165,851 168,469 160,352 206,500 Page 4 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT PUBLIC SAFETY VEHICLES& EQUIPMENT -11717 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Proposed 2014-2015 2015/2016 2015/2016 2016-2017 Minor Tools & Equipment 324,927 163,026 651,344 Computer Equipment and software 55,933 - - Professional Services - - Maintenance and Repairs 8 - - - Pipe, fittings, drng 183 - Postage & Express Charges 60 - Vehicles & Machinery 49,998 229,998 229,998 120,000 Improvements Other than Building - 519,001 519,001 - Other Equipment 76,475 186,289 186,289 36,000 Totals 507,584 1,098,314 1,586,632 156,000 FY 2014/2015 - 5 replacement vehicles FY 2014/2015 - 4 additional vehicles FY 2015/2016 - 6 replacement vehicles FY 2016/2017 - 4 replacement vehicles * One-time expenditures Approved by City Council on April 12, 2016 ** Includes change -over costs 8/4/2016 Page 5 Account Description CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT POLICE ACADEMY COSTS -11718 EXPENDITURE BUDGET Actuals Amended Estimated Proposed 2014-2015 2015/2016 2015/2016 2016-2017 Salaries & Wages 160,174 135,643 85,093 Retirement 38,105 34,060 22,218 Totals 198,280 169,703 107,310 Police Officer Trainees FY 2013/2014 - 5 Police Officer Trainees FY 2014/2015 - 5 Police Officer Trainees FY 2015/2016 - 5 Police Officer Trainees FY 2016/2017 - 0 Police Officer Trainees 8/4/2016 Page 6 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT ELECTION COSTS -49001 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Proposed 2014-2015 2015/2016 2015/2016 2016-2017 Professional Services - - - 120,000 8/4/2016 Totals - - 120,000 Page 7 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT JUVENILE ASSESSMENT CENTER -49002 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Proposed 2014-2015 2015/2016 2015/2016 2016-2017 Salaries and Wages 229,694 246,577 246,577 255,499 Overtime 515 500 500 500 Other Pay 1,236 3,500 3,500 3,500 Retirement 52,403 57,908 57,908 Group Insurance Benefits 31,704 22,248 22,248 Other Employee Benefits 1,335 3,480 3,480 Books & Periodicals 3,772 45,175 45,175 7,200 Food & Food Supplies 40 500 500 - Minor Tools & Equipment 100 100 100 Minor Office Equipment 509 509 100 Office Supplies 1,659 4,962 4,962 3,000 Maintenance & Repairs - 100 100 100 Maintenance Supplies 15,632 - - Professional Services - 10,915 10,909 10,000 Postage & Express Charges 14 235 235 235 Rentals 56,559 69,969 69,969 69,969 Mileage Reimbursement 3,199 4,000 4,000 4,000 Non -Capital Lease Payments 1,043 4,900 4,900 4,900 Telephone/Telegraph Service 7,737 7,035 7,035 7,035 Building Maintenance & Service 522 100 100 100 Memberships, Licenses & Dues - 550 550 550 Training - Supervisory - - - Training - General 520 1,950 1,950 1,950 Printing Advertising & PR - 300 300 300 Printing Outside Print Shops 863 2,635 2,635 800 Travel 3,701 2,500 2,500 2,500 Self Insurance Allocation 13,284 15,528 15,528 14,913 71,648 27,631 3,431 FTES: FY 2011/2012 - 6.6 ftes FY 2012/2013 - 6.6 ftes FY 2013/2014 - 6.6 ftes FY 2014/2015 - 6.6 ftes FY 2015/2016 - 6.6 ftes FY 2016/2017 - 6.6 ftes 8/412016 Totals 425,432 506,177 506,170 489,961 Page 8 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT CRIME PREVENTION - 49008 EXPENDITURE BUDGET Account Description Actuals 2014. Amended Estimated Proposed 2015 2015/2016 2015/2016 2016-2017 Salaries & Wages 70,601 107,589 96,432 110,591 Overtime - 2,000 - 2,000 Retirement 16,680 27,518 25,178 Group Insurance Benefits 8,619 8,904 8,904 Other Employee Benefits 803 1,584 1,584 Food and Food Supplies 269 - 54 Minor tools & Equipment 530 - - Minor Office Equipment 1,129 2,000 1,000 2,000 Office Supplies 2,038 2,000 1,480 2,000 Maintenance & Repairs 990 3,500 1,054 3,500 Professional services 576 - - - Postage & Express Charges - 300 100 300 Non -Capital Lease Payments 786 2,000 598 2,000 Membership, Licenses, & Dues 60 - - Training - General 95 2,500 1,000 2,500 Printing Advertising & PR 13,859 18,105 15,976 16,000 Printing Outside Print Shops 999 5,000 4,049 5,000 Travel 3,828 3,300 3,165 3,300 Self Insurance Allocation 6,300 7,056 7,056 6,779 31,086 11,234 1,559 FTES: FY 2013/2014 - 3 ftes FY 2014/2015 - 3 ftes FY 2015/2016 - 3 ftes FY 2016/2017 -3ftes 8/4/2016 Totals 128,160 193,356 167,631 199,849 Page 9 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT JUVENILE CITY MARSHALS -49010 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Proposed 2014-2015 2015/2016 2015/2016 2016-2017 Salaries and Wages - 46,000 - - Overtime 2,500 - - Other Pay - 1,500 - Retirement - 11,555 - - Group Insurance Benefits 6,000 - - Other Employee Benefits 588 1,584 1,584 1,559 Professional Services 55,330 70,000 - 70,000 Self Insurance Allocation 2,100 7,056 7,056 Totals 64,018 140,195 8,640 78,338 FTES: FY 2011/2012 - 3 ftes FY 2012/2013 - 3 ftes FY 2013/2014 - 3 ftes FY 2014/2015 - 1 fte FY 2015/2016 - 1 fte FY 2016/2017 - 0 ftes 8/4/2016 6,779 Page 10 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT RESERVE APPROPRIATION -80000 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Proposed 2014-2015 2015/2016 2015/2016 2016-2017 Reserve Appropriation - 122,723 - 150,000 Totals 122,723 - 150,000 8/4/2016 Page 11 Resolution Approving the FY 2016-2017 budget for the Corpus Christi Crime Control and Prevention District Whereas, the Crime Control and Prevention District Board held a public hearing on June 15, 2016 and the Board adopted FY 2016-2017 budget on the same day; and Whereas, the Crime Control and Prevention District Board amended the adopted FY 2016-2017 budget on August 4, 2016. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS SECTION 1. The fiscal year 2016-2017 budget for the Corpus Christi Crime Control and Prevention District is approved. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor 1 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 2 Corpus Christi Crime Control and Prevention District FY2017 Proposed Budget co : psn':`. `at ,4fs l 1 0 2 DISTRICT Council Presentation 08.16.2016 Crime Control & Prevention District FY 2017 Proposed Budget • Continued focus on Core Programs — 63 Police Officers — Juvenile Assessment Center — Pawn Shop Detail — Purchase of four replacement police vehicles — Purchase of support equipment • Election costs = $120,000 Crime Control & Prevention District FY 2017 Proposed Budget • Assignment of 63 Police Officers — 8 Directed Patrol Officers — 10 Gang Unit (JET) Officers — 3 Moped Officers — 2 Traffic Safety Officers — 1 Narcotics Officer (with a drug dog) — 1 Crime Stoppers Officer — 36 Patrol Officers (enhance patrol response) — 2 Patrol Lieutenants Crime Control & Prevention District FY 2017 Proposed Budget • Total Expenditures $7,678,629 • Total Revenues $6,916,701 • Ending fund balance $3,168,781 • Budget reductions of $321,915 to bring expenditures more in line with revenue: — Police Cadet Trainees (5) — Police Academy Cadets (5) — Reduced replacement vehicles by 2 (total purchase of 4) — Reduced Juvenile Assessment Center supplies — Reduced one Juvenile City Marshall Crime Control & Prevention District FY 2017 Proposed Budget June 17 — CCCCPD public hearing & budget adoption August 4 — CCCCPD adoption of modified budget August 16 - City Council Public Hearing and Future reading August 23 — City Council approves or rejects Resolution for CCCCPD Budget Crime Control & Prevention District FY 2017 Proposed Budget QUESTIONS AGENDA MEMORANDUM Public Hearing and First Reading item for the City Council Meeting of August 16, 2016 Second Reading item for the City Council Meeting of August 23, 2016 DATE: August 3, 2016 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 THRU: Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Public Hearing and Approval of Fiscal Year 2016 — 2017 Capital Budget and Capital Improvement Planning Guide CAPTION: Ordinance approving the Fiscal Year 2016 — 2017 Capital Budget and Capital Improvement Planning Guide in the amount of $214,979,600. PURPOSE: The purpose of this Agenda Item is to fulfill all requirements necessary to approve the Fiscal year 2016 — 2017 Capital Budget and Capital Improvement Planning Guide. BACKGROUND AND FINDINGS: Section 102.006 of the Texas Local Government Code reads as follows: "The governing body of a municipality shall hold a public hearing on the proposed budget. Any person may attend and may participate in the hearing." The City Charter requires City Council to review the recommendations of the Planning Commission and act on the Capital Budget on a yearly basis. A public hearing was held before the Planning Commission on Wednesday, June 29, 2016 and at that meeting the Planning Commission recommended approval of the 2016 — 2017 Capital Budget and Capital Improvement Planning Guide based on changes as discussed that evening. (Attached) On August 3, 2016, the revised and detailed FY 2016 — 2017 Capital Budget and Capital Improvement Planning Guide was presented to the Planning Commission as an informational presentation and no additional changes were recommended. ALTERNATIVES: Approval of this budget is required by City Charter. City Council may: 1. Approve the budget as presented (Recommended) 2. Make changes to the budget and then approve. OTHER CONSIDERATIONS: The Public Hearing and first reading for this item is on August 16, 2016 and the second reading will be the following week on August 23, 2016. CONFORMITY TO CITY POLICY: This item conforms to City Policy and statutes regarding approval of the Fiscal Year 2016 — 2017 Capital Budget and Capital Improvement Planning Guide and is consistent with the Comprehensive Plan. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Office of Management and Budget FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $214,979,600 $214,979,600 BALANCE $214,979,600 $214,979,600 Fund(s): COMMENTS: Approval of Ordinance will appropriate the funds required to proceed with the Fiscal Year 2016 — 2017 Capital Improvement Program. RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Changes in CIP Presentation FY 2017 Capital Budget and Capital Improvement Planning Guide Page 1 of 2 ORDINANCE APPROVING THE FISCAL YEAR 2016 — 2017 CAPITAL BUDGET AND CAPITAL IMPROVEMENT PLANNING GUIDE IN THE AMOUNT OF $214,979,600. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Fiscal Year 2016 — 2017 Capital Budget and Capital Improvement Planning Guide in the amount of $214,979,600 is hereby approved. A copy of the Fiscal Year 2016 — 2017 Capital Budget and Capital Improvement Planning Guide will be filed in the Office of the City Secretary ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 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 FY 16 - 17 CIP Planning Commission Presentation 6-29-16 Yr 1 Yr 2 Yr 3 Airport 16,565.5 11,969.6 9,194.6 Parks 894.5 510.0 510.0 P Fac 2,000.0 2,000.0 2,000.0 P H&S 14,260.3 13,750.0 10,250.0 Streets 27,894.7 6,383.0 - Gas 4,079.8 3,915.5 3,845.5 SW 33,524.6 19,897.9 17,300.0 WW 55,267.5 55,013.0 37,013.0 Water 51,252.7 72,150.0 53,650.0 WS 6,811.7 7,800.0 17,500.0 WS (2,511.7) (1,600.0) (7,000.0) 212,551.3 193,389.0 151,263.1 FY 16 - 17 CIP REVISED 32,330.4 Yr 1 Yr 2 Yr 3 Airport 23,989.6 11,969.6 3,639.0 Parks 894.5 7,860.0 17,660.0 P Fac 1,760.0 2,528.0 2,681.0 P H&S 14,260.3 26,345.0 37,305.0 Streets 27,894.7 6,383.0 - Gas 4,079.8 3,915.5 3,845.5 SW 31,213.4 19,897.9 17,300.0 WW 54,961.6 55,013.0 37,013.0 Water 48,225.7 72,150.0 53,650.0 WS 4,300.0 6,200.0 10,500.0 211,579.6 212,262.0 183,593.5 FY 16 - 17 CIP DIFFERENCES Yr 1 Yr 2 Yr 3 Airport 7,424.1 - (5,555.6) Parks - 7,350.0 17,150.0 P Fac (240.0) 528.0 681.0 P H&S - 12,595.0 27,055.0 Streets - - - Gas - - - SW (2,311.2) - - WW (305.9) - - Water (3,027.0) - - WS (2,511.7) (1,600.0) (7,000.0) (971.7) 18,873.0 32,330.4 Changes to Year 1 CIP: 1. P Facilities: ($240.0) $2M in CO's was changed from lump sum in one line item and itemized in several new projects totaling $1,760.0. 2. Storm Water: ($2,311.2) ($2,311.2) was removed from Staples Street (Morgan - IH 37) 3. Wastewater: ($305.9) Forcemain Condition Assessment was added to Wastewater in the amount of $520.0. ($825.9) was removed from Staples Street (Morgan - IH 37) 4. Water: ($3,027.0) Forcemain Condition Assessment was removed from Water in the amount of ($520.0) ($2,099.0) was removed from Staples Street (Morgan - IH 37) ($408.0) was removed from McArdle Road (Whitaker to Nile). 5. Water Supply: ($2,511.7) Greenwood Effluent Line was removed from Year 1 ($1,500.0) Funding for Aquifer Storage and Recovery (ASR) was removed ($1,011.7) Currently in FY 15 - 16. 6. Airport: $7,424.1 North GA Apron extension increased $190.0 Runway 17-35 Mitigation increased $1,695.9 Taxiway Reconfiguration decreased ($2,338.8) Runway 13-31 Mitigation increased $2,371.4 Reconstruct Air Carrier Ramp moved from Year 2 to Year 1 $5,555.6 Added North GA Apron Rehabilitation $175.0 Removed Terminal Bldg Assessment ($225.0) Fiscal Year 2016 - 2017 Proposed Capital Improvement Program (CIP) Budget and Planning Guide City Council Presentation August 16, 2016 Proposed Capital Improvement Budget and Planning Guide • Purpose: To identify, prioritize, fund and construct capital projects. • Provides: Project scopes, cost and schedules for planned and anticipated projects over the next ten years. • Includes: Details specific information on projects programmed within the next three years. Proposed Capital Improvement Budget and Planning Guide Sections of the document: • Year One (Fiscal Year 2017) : A fully -funded work plan based on available financial capacity and greatest prioritized needs. • Short -Range Program: Facilitates fiscal and needs - based planning for Years 2 and 3. • Long -Range Forecast: Located at the back of each section and consists of items considered important, but not funded. FY '17 Proposed CIP Year One: • $214,979,600 • 168 Active projects Water, $51,625.7 , 24% Streets, $27,894.7 , 13% Storm Water, $31,213.4, 14% 0% Airport, $23,989.6 , 11% Water Supply, $4,300.0 , 2% Wastewater, $54,961.6 , 26% , 0% 0, 0% Public H & S, $14,260.3, 7% Gas, $4,079.8 , 2% Parks, $894.5 , 0% Public Facilities, $1,760.0, 1% Backlog & FY '17 Proposed CIP Health & Safety Facilities Capital Improvments Program - Unspent ($269.4 Million) FY17 -Capital Improvementsprogram 15215.0 Million) 5 Airport • Year One: $23,989,600 • Program Highlights: — Reconstruct Air Carrier Ramp — Air Operations Area — Runway 13-31 Extension Safety Mitigation • Funding Sources: — Federal Aviation Administration Grants — Certificates of Obligation — Airport CIP Reserves Parks & Recreation • Year One: $894,500 • Program Highlights: — Packery Channel Miscellaneous Improvements — Ben Garza Park Improvements — Sacky Park Improvements — Completion of previously funded Bond 2012 projects • Funding Sources: — Community Development Block Grant — Tax Increment Financing District Public Facilities • Year One: $1,760,000 • Program Highlights: — Central Library Roof Replacement — New Roof at City Service Center Warehouse — Repairs to Recreation Centers - Citywide • Funding Sources: — Certificates of Obligation Public Health/ Safety • Year One: $14,260,300 • Program Highlights: — Completion of previously funded projects in the areas • Bond 2012 • J.C. Elliott and Cefe' Valenzuela Landfills • Seawall Improvement Projects Funding Sources: — Bond 2012 General Obligation Bonds — Certificates of Obligation — Sales Tax Proceeds (Type A Board Funding) Streets • Year One: $27,894,700 • (Utility Support: $41,781,300) • Program Highlights: — Yorktown Boulevard - Everhart Road to South Staples — Rodd Field Road Expansion — Gollihar Road - South Staples to Kostoryz (3 Phases) • Funding Sources: — General Obligation Bonds (2012) — Texas Department of Transportation Funding — Utility Revenue Bonds Storm Water Gas: 800,000 WW: 6,578,600 Water: 11,189,300 SW: 23,213,400 $41,781,300 Gas • Year One: $4,079,800 • Program Highlights: — Gas Line Replacement / Extension Program — High Pressure Cathodic Protection Master Plan — West Side Interior Loop • Funding Sources: — Gas Revenue Bonds Storm Water • Year One: $31,213,400 • Program Highlights: — Lifecycle Pipe Rehabilitation and Replacement — Gollihar Outfall Repairs — Storm Water Master Plan • Funding Sources: — Storm Water Revenue Bonds — Storm Water Department Reserves Water Supply • Year One: $4,300,000 • Program Highlights: — City of Corpus Christi Pilot Desalination Program — Wesley Seale Instrumentation Testing and Replacement • Funding Sources: — Raw Water Supply Reserves — Water Revenue Bonds Water • Year One: $51,625,700 • Program Highlights: — Programmed Water Service Life Extension — Elevated Storage Tanks, Phase 2 — Support of Street Bond Projects • Funding Sources: — Water Revenue Bonds — Water Department Reserves Wastewater • Year One: $54,961,600 • Program Highlights: — Whitecap WWTP improvements to Odor Control, Processes, Bulkhead and UV System — City-wide Collection System Assessment and Repair (IDIQ) — Capacity Assessment Improvements — Support of Street Bond Projects Funding Sources: — Wastewater Revenue Bonds — Wastewater Department Reserves FY '17 Proposed CIP QUESTIONS? AGENDA MEMORANDUM First Reading Ordinance for the August 9, 2016 City Council Meeting Second Reading Ordinance for the August 16, 2016 City Council Meeting DATE: August 2, 2016 TO: Margie C. Rose, City Manager FROM: Rebecca Huerta, City Secretary (361) 826-3105 rebeccah@cctexas.com Ordering a General Election to elect Mayor and Eight Council Members — November 8, 2016 CAPTION: Ordinance ordering a general election to be held on November 8, 2016, in the City of Corpus Christi for the election of Mayor and Eight Council Members; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early polling places; designating polling place locations; authorizing a joint election with Nueces County, and a runoff election, if one is necessary; and enacting provisions incident and relating to the subject and purpose of this ordinance. PURPOSE: This item will allow for a general election to be held on November 8, 2016 to elect mayor and eight council members; and allow the City to enter into a joint election with Nueces County. BACKGROUND AND FINDINGS: Per the City Charter, the regular election of the mayor and eight council members shall be held on the November uniform election date of even -numbered years as authorized by State law. As in the past, the City can conduct a joint election with Nueces County if approved by Council. ALTERNATIVES: None. CONFORMITY TO CITY POLICY: This ordinance complies with the requirements of the Texas Government Code, the Texas Election Code, and the City Charter. EMERGENCY / NON -EMERGENCY: Requires two readings. DEPARTMENTAL CLEARANCES: Legal Finance Department Budget Department FINANCIAL IMPACT: RI 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 $350,000 BALANCE Fund(s): General Comments: Based on the most recent final actuals for the 2014 general election and runoff election, staff has budgeted a conservative amount of $150,000 for the general/special election and $200,000 for runoff election, if necessary. RECOMMENDATION: Approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Joint election agreement Ordinance Ordering a general election to be held on November 8, 2016, in the City of Corpus Christi for the election of Mayor and Eight Council Members; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early polling places; designating polling place locations; authorizing a joint election with Nueces County, and a runoff election, if one is necessary; and enacting provisions incident and relating to the subject and purpose of this ordinance. WHEREAS, the City Charter provides for the holding of a regular City election for Mayor and Council Members in the City of Corpus Christi, on the November Uniform Election Date in even - numbered years as authorized by State law, the same being November 8, 2016; with a runoff election on December 13, 2016, if one is necessary; and WHEREAS, it is provided in Section 3.004 of the Texas Election Code that the governing body shall order elections pertaining to municipal affairs, and other provisions of the election Code provide for notice, appointment of election officers to hold the election; and other matters related to the holding of the election; WHEREAS, Nueces County will also be conducting an election on November 8, 2016; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A regular City election (hereinafter the "Election") for a Mayor and eight Council Members shall be held in the City of Corpus Christi, Texas on Tuesday, November 8, 2016. A runoff election shall be held on December 13, 2016, if one is necessary. SECTION 2. At the Election, all the qualified voters of the City of Corpus Christi shall be permitted to vote. SECTION 3. The names of candidates for the office of Mayor and the names of candidates for the office of the City Council members shall be placed on said ballot in manner and form prescribed by law. SECTION 4. The eSlate direct recording equipment (DRE) shall be employed at the Election in accordance with the Texas Election Code and the Election shall be held at the polling places in the regularly prescribed precincts of the City of Corpus Christi, as set forth on Attachment A hereto incorporated by reference and made part of this ordinance. The Election shall be held in accordance with the Election Laws of the State of Texas. The polls shall be open from 7:00 a. m. to 7: 00 p.m. on the date of the Election. The City Secretary, or her designee, in coordination with the Nueces County Clerk (the Election Official) or the designee thereof, as necessary or desirable, will identify and formally approve the appointment of the Presiding Judges, Alternative Presiding Judges, Election Clerks, and all other election officials, together with any necessary changes to election practices and procedures and can correct, modify, or changes the Attachments to this Ordinance based upon the final locations 1 and times agreed upon by the Election Official and the City to the extent permitted by applicable law. SECTION 5. The City Secretary shall conduct the Election as directed by ordinance of the City Council and by law in accordance with the joint election agreement to be entered into with Nueces County. The City Secretary is directed to provide such demographic data and information as required by law. SECTION 6. Early voting in person at each of the temporary branch polling places shall be conducted as follows: Such early voting in person may be conducted at the main early voting polling place located in the first floor lobby of the Nueces County Courthouse, 901 Leopard, and at the temporary branch polling places set forth in Attachment B, incorporated by reference and made a part of this ordinance (said Attachment B to be approved and attached when the temporary branch polling places are determined by Nueces County) hereby established as follows. In addition, early voting in person may be conducted at the mobile temporary branch polling places set forth in Attachment C, incorporated by reference and made a part of this ordinance, during the days and hours specified therein (said Attachment C to be approved and attached if mobile temporary branch polling places are determined by Nueces County). Each branch polling place and the main early polling place shall serve all Election precincts. SECTION 7. The City Secretary is directed to post and publish such election notices as are required by the election laws of the State of Texas. The City Secretary is further appointed as the authority and officer responsible for the conduct of said Election and is hereby authorized and directed to make all necessary arrangements for the holding of said Election in accordance with and subject to the laws of this State including not limited to coordinating the election process, including use of tabulation equipment, supplies and printing of ballots, in accordance with the joint election agreement to be executed with Nueces County. SECTION 8. The Election is expected to be conducted in accordance with an agreement between Nueces County and the City of Corpus Christi to hold a joint election on November 8, 2016, (which shall be approved and attached hereto as Attachment D and incorporated herein). The City Secretary is authorized to approve all lawful changes and additions to the procedures provided herein in order to implement such agreement, including but not limited to provisions for substations and mobile voting sites. SECTION 9. By approving and signing this ordinance, the Mayor officially confirms and orders as the Mayor's actions all matters recited in this ordinance which by law come within the Mayor's jurisdiction. SECTION 10. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance or the ballot herein 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 2 City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect of 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 Nelda Martinez City Secretary Mayor 3 JOINT ELECTION AGREEMENT & CONTRACT FOR ELECTION SERVICES THE STATE OF TEXAS COUNTY OF NUECES THIS CONTRACT for election services is made by and between Kara Sands, County Clerk of Nueces County, Texas and City of Corpus Christi, hereinafter referred to as "Political Subdivision," located entirely or partially inside the boundaries of Nueces County. This contract is made pursuant to Texas Election Code Sections 31.092 and 271.002 for a Joint Uniform Election to be administered by Kara Sands, County Clerk of Nueces County, Texas, hereinafter referred to as "County Clerk." RECITALS The political subdivision, City of Corpus Christi, enters into agreement with the County Clerk of Nueces County who will conduct its General Election on November 8, 2016, held for the purpose of electing individuals to serve on the City of Corpus Christi's City Council and a Special Election on certain propositions. Nueces County agrees to conduct turnkey joint election services for City of Corpus Christi and other political subdivisions located entirely or partially inside the boundaries of Nueces County, for the purpose of voting on candidates elected to serve in the political subdivisions' governing bodies and/or certain propositions. Nueces County owns an electronic voting system, the Hart InterCivic eSlate Voting System (Version 6.1), which has been duly approved by the Texas Secretary of State pursuant to Texas Election Code Chapter 122 as amended, and is compliant with the accessibility requirements for persons with disabilities set forth by Texas Election Code Section 61.012. The contracting political subdivisions desire to contract the County's electronic voting system in tandem with the County's elections services, and to compensate the county for such use and to share in other expenses connected with joint elections in accordance with the applicable provisions of Chapters 31 and 271 of the Texas Election Code, as amended. NOW, THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT IS AGREED as follows: I. ADMINISTRATION The parties agree to hold a "JOINT ELECTION" with Nueces County on November 8, 2016 in accordance with Chapter 271.002 of the Texas Election Code and this agreement. The County Clerk is appointed to serve as the participating Political Subdivision's Election Officer. The parties agree to hold "JOINT EARLY VOTING" with Nueces County in accordance with Chapter 271.006 of the Texas Election Code and this agreement. The County Clerk is appointed to serve as the participating Political Subdivision's Early Voting Clerk. As the participating Political Subdivision's Election Officer and Early Voting Clerk, the County Clerk shall coordinate, supervise, and handle all aspects of administering the Joint Election and Early Voting as provided in this agreement in compliance with all applicable state and federal laws, unless specifically stated otherwise. Participating Political Subdivisions shall be responsible for the preparation and publication of all required election orders, notices, and any other pertinent documents required by the Texas Election Code. The County Clerk will publish the "Notice of Test of Automatic Tabulating Equipment" and the "Notice of Election". It is understood that other political subdivisions may wish to participate in the use of the County's electronic voting system and polling places, and it is agreed that the County Clerk may enter into other contracts for elections services for those purposes on terms and conditions generally similar to those set forth in this contract. The County Clerk shall notify all elections judges of the eligibility requirement of Subchapter C of Chapter 32 of the Texas Election Code, and will take the necessary steps to ensure that all election judges appointed for the joint election are eligible to serve. The County Clerk shall arrange for the training and compensation of all election judges and clerks. The County Clerk shall arrange for the date, time and place for presiding election judges to pick up their election supplies. Each presiding election judge will be sent a letter from the County Judge notifying him/her of his/her appointment, the time and location of training and distribution of election supplies, and the number of election clerks that the presiding judge may appoint. Each election judge and clerk will receive compensation at the hourly rate established by Nueces County pursuant to Texas Election Code 32.091. The election judge will receive an additional sum of $25.00 for picking up election supplies and records prior to Election Day and for returning election records, supplies and equipment to the Central Counting Station after the polls close, when applicable. The County Clerk may employ other personnel necessary for the proper administration of the election, including such part-time help as is necessary to prepare for the election, to ensure the timely delivery of supplies and performance of duties during early voting and on Election Day, and for the efficient tabulation of ballot at the Central Counting Station. Part -Time personnel working as members of the Signature Verification Committee Early Voting Ballot Board and/or Central Counting Station on election night will be compensated at the hourly rate set by Nueces County in accordance with Election Code Sections 87.005, 127.004, and 127.006. II. PREPERATION OF SUPPLIES AND VOTING EQUIPMENT The County Clerk shall arrange preparation for all election supplies and voting equipment including, but not limited to, official ballots, sample ballots, voter registration lists, and all forms, signs, maps, and other materials used by the election judges at the voting locations. The County Clerk shall ensure availability of tables and chairs at each polling place and shall procure rented tables and chairs for those polling places that do not have tables and/or chairs. At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The participating parties shall share a mutual ballot in those precincts where jurisdictions overlap. However, in no instance shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap. The County Clerk shall provide the necessary voter registration information, maps, instructions, and other information needed to enable election judges in the voting centers that have more than one ballot style to conduct a proper election. Each participating political subdivision shall furnish the County Clerk a list of candidates and/or propositions showing the order and the exact manner in which the candidate names and /or propositions are to appear on the official ballot in both English and Spanish. Each political subdivision shall be responsible for proofreading and approving the ballot insofar as it pertains to that political subdivision and/or propositions, and information will be printed exactly as submitted. The County Clerk will proof all ballot content before and after political subdivision has given final approval of final ballots materia! such as: candidate(s) name(s), races, titles, election headers, district -precinct -ward, and other details. Voting by personal appearance shall be conducted exclusively on Nueces County's electronic voting system. Voters will be provided provisional ballots when determined applicable by the presiding judge and verified by the County Voter Registrar. The number of paper ballots printed for Election Day voting is recommended to be, at a minimum, equal to the same Election Day turnout as in the last comparable election plus 25% of that number, with the final number of ballots ordered per polling place or precinct adjusted upward to end in a number divisible by 50. The Central Counting Station Manager or representative shall deliver timely cumulative reports of the election results as precincts report to the central counting station and are tabulated. The Manager shall be responsible for releasing unofficial cumulative totals and precinct returns from the election to the joint participants, candidates, press, and general public by electronic distribution and other means. The County Clerk will prepare the unofficial canvass reports that are necessary for compliance with Election Code Section 67.004 after all districts and precincts have been counted, and will deliver a copy of these unofficial canvass reports to each political subdivision as soon as possible after all returns have been tabulated. Each participating Political Subdivision shall be responsible for the official canvass of its respective election(s). The County Clerk will prepare the electronic precinct -by -precinct results report for uploading to the Secretary of State as required by Section 67.017 of the Election Code. The County Clerk agrees to upload these reports for each Political Subdivision unless requested otherwise. The County Clerk shall be responsible for conducting the post-election manual recount required by Section 127.201 of the Texas Election Code unless a waiver is granted by the Secretary of State. Notification and copies of the recount, if waiver is denied, will be provided to each participating Political Subdivision and the Secretary of State's Office. III. RUNOFF ELECTIONS Each participating Political Subdivision shall have the option of extending the terms of this agreement through its Run Off Election, if applicable. In the event of such Run Off Election, the terms of this agreement shall automatically extend unless the Political Subdivision notifies the County Clerk in writing within three (3) business days of the original election. The Political Subdivision shall revisit terms of the agreement to ensure the County Clerk is in a position to conduct any special election (Run Off). Each participating Political Subdivision shall reserve the right to reduce the number of early voting locations and/or Election Day voting locations in a runoff election. Each participating Political Subdivision agrees to order arty Run Off election(s) at its meeting for canvassing the votes from the November 8, 2016, general election and to conduct its drawing for ballot positions at or immediately following such meeting in order to expedite preparations for its Run Off election. Each participating Political Subdivision eligible to hold Run Off elections agrees that the date of the Run Off election, if necessary, shall be determined jointly by the participating Political Subdivision and the County Clerk. IV. RECOUNTS A recount may be obtained as provided by Title 13 of the Texas Election Code. By signing this document, the presiding officer of the contracting political subdivision agrees that any recount shall take place at the offices of the County Clerk, and that the County Clerk shall serve as Recount Supervisor and the political subdivision's official or employee who performs the duties of a secretary under the Texas Election Code shall serve as Recount Coordinator. The County Clerk agrees to provide advisory and referral services to each political subdivision as necessary to conduct a proper recount. V. ELECTION EXPENSES AND ALLOCATION COSTS The participating political subdivisions agree to share the costs of administering the Joint Election and Early Voting. Allocation of costs, unless specifically stated otherwise, is mutually agreed to be shared according to a formula which is based on the number of registered voters within the County and participating Political Subdivisions. The County Clerk will submit a detailed bill to participating Political Subdivisions no later than 90 days after the Joint Election. Ballot programming will be handled by Hart InterCivic. Pricing is based on the number of races and/or bonds. Hart InterCivic will directly bill participating Political Subdivisions their portion of costs. VI. RECORDS OF THE ELECTION The County Clerk is hereby appointed General Custodian of the voted ballots and all records of the November 8, 2016 JOINT ELECTION as authorized by Section 271.010 of the Texas Election Code. Access to the election records shall be available to each political subdivision as well as to the public in accordance with applicable provisions of the Teas Election Code and the Texas Public Information Act. The election records shall be stored at the offices of the County Clerk or at an alternate facility used for storage of county records. The County Clerk shall ensure that the records are maintained in an orderly manner so that the records are clearly identifiable and retrievable. Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of the Texas Election Code. If records of the election are involved in any pending election contest, investigation, litigation, or open records request, the County Clerk shall maintain the records until final resolution or until final judgment, whichever is applicable. It is the responsibility of each participating Political Subdivision to bring to the attention of the County Clerk any notice of pending election contest, investigation, litigation, or open records request which may be filed with the political subdivision. It is also the responsibility of the participating Political Subdivisions to notify the County Clerk of any public records requests, within two days of a request for information related to the election being conducted by the County Clerk. VII. RECOUNTS A recount may be obtained as provided by Title 13 of the Texas Election Code. By signing this document, the presiding officer of the contracting Political Subdivision agrees that any recount shall take place at the offices of the County Clerk, and that the County Clerk shall serve as Recount Supervisor and the political subdivision's official or employee who performs the duties of a secretary under the Texas Election Code shall serve as Recount Coordinator. The County Clerk agrees to provide advisory and referral services to each political subdivision as necessary to conduct a proper recount. VIII. MISCELLANEOUS PROVISIONS 1. It is understood that, to the extent space is available, other districts and political subdivisions may wish to participate in the use of the County's election equipment and voting places, and it is agreed that the County Clerk may contract with such other districts or political subdivisions for such purposes and that, in such event, there may be an adjustment of the cost share to be paid to the County by the participating Political Subdivisions. 2. The County Clerk shall file copies of this document with the Nueces County Judge and the Nueces County Auditor in accordance with Section 31.099 of the Texas Election Code. 3. Nothing in this contract prevents any party from taking appropriate legal action against any other party and/or other election personnel for a breach of this contract or a violation of the Texas Election Code. 4. 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. 5. In the event that one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 6. All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local governments, and any other entities with local jurisdiction. IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement on this e ---relay of AUciv6 , 2016, with the effective date being the date of execution by last signatory.',," NUECES COUNTY JS&JL2 Kara Sands Nueces County Clerk CITY OF CORPUS CHRISTI Approved by Elections Coordinator: Da e Rebecca Huerta Date City Secretary Margie Rose City Manager Date AGENDA MEMORANDUM First Reading for the August 9, 2016 City Council Meeting Second Reading for the August 16, 2016 City Council Meeting DATE: August 1, 2016 TO: Margie C. Rose, City Manager FROM: Rebecca Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 Miles Risley, City Attorney milesr@cctexas.com (361) 826-3360 Ordinance calling for a Special Election — Type B, Crime Control and Prevention District, and Charter Amendments CAPTION: Ordinance ordering a special election to be held on November 8, 2016, in the City of Corpus Christi on the questions of: (1) replacing the portion of the Type A sales tax that expires in 2018 with the adoption of a one-eighth of one percent sales and use tax to be administered by a Type B Corporation under Chapter 505 of the Texas Local Government Code, to be effective for 20 years, with the use of the proceeds for economic development, affordable housing, and streets; (2) continuing the Corpus Christi Crime Control and Prevention District and associated sales tax for 10 years; and (3) providing for consideration of amendments to the Charter of the City of Corpus Christi; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early polling places; designating polling place locations; authorizing a joint election with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance. PURPOSE: This item will allow the Council to order a Special Election on November 8, 2016 to submit to the voters ballot propositions on the following measures: (1) replacing the portion of the Type A sales tax that expires in 2018 with the adoption of a one-eighth of one percent sales and use tax to be administered by a Type B Corporation under Chapter 505 of the Texas Local Government Code, to be effective for 20 years, with the use of the proceeds for economic development, affordable housing, and streets; (2) continuing the Corpus Christi Crime Control and Prevention District and associated sales tax for 10 years; and (3) providing for consideration of amendments to the Charter of the City of Corpus Christi. Please see attached ordinance for more details. CONFORMITY TO CITY POLICY: Adheres to City Charter and election law requirements. EMERGENCY / NON -EMERGENCY: Requires two readings. DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital RI Not applicable Fiscal Year: 2015-2016 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance — Calling for Special Election: Type B, Crime Control and Prevention District, and Charter Amendments An Ordinance ordering a special election to be held on November 8, 2016, in the City of Corpus Christi on the questions of: (1) replacing the portion of the Type A sales tax that expires in 2018 with the adoption of a one-eighth of one percent sales and use tax to be administered by a Type B Corporation under Chapter 505 of the Texas Local Government Code, to be effective for 20 years, with the use of the proceeds for economic development, affordable housing, and streets; (2) continuing the Corpus Christi Crime Control and Prevention District and associated sales tax for 10 years; and (3) providing for consideration of amendments to the Charter of the City of Corpus Christi; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early polling places; designating polling place locations; authorizing a joint election with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance. WHEREAS, Texas Election Code § 3.004 provides that the governing body shall order elections pertaining to municipal affairs, give notice and appoint election officers to hold the election; and WHEREAS, Nueces County will be conducting an election on November 8, 2016, and the City desires to conduct its election on that date to obtain the efficiencies of a joint election; WHEREAS, on November 7, 2000, the voters of Corpus Christi approved two one-eighth of one percent sales taxes for a corporation authorized pursuant to Section 4A of Article 5190.6 (now considered to be a "Type A corporation governed by Chapter 504 of Texas Local Government Code"), with one tax for seawall improvements and the other tax for a multipurpose arena, each to be imposed for 25 years, with expiration times in 2026; WHEREAS, on November 5, 2002, the voters of Corpus Christi approved a one-eighth of one percent sales tax for the promotion and development of new and expanded business enterprises a minor league baseball stadium, and affordable housing, for a corporation authorized pursuant to Section 4A of Article 5190.6 (now considered to be a "Type A corporation governed by Chapter 504 of Texas Local Government Code"), which will expire in 2018, and which tax is hereinafter referred to as the "the portion of the Type A sales tax that expires in 2018"; WHEREAS, the City Council intends to hold an election on the questions of (1) adopting a one- eighth of one percent sales and use tax to be administered by a Type B Corporation under Chapter 505 of the Texas Local Government Code, which will replace the portion of the City's Type A sales tax that expires in 2018, with said Type B tax to be effective for 20 years, with the use of the proceeds for economic development, affordable housing, and streets, (2) continuing the Corpus Christi Crime Control and Prevention District and associated sales tax for 10 years, and (3) providing for consideration of amendments to the Charter of the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A Special City election (hereinafter the "Election") shall be held in the City of Corpus Christi, Texas on November 8, 2016, for the purpose of submitting to the voters of the City ballot propositions on the questions of: C:AUsers\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@40054245\@BCL@40054245.docx (1) replacing the portion of the Type A sales tax that expires in 2018 with the adoption of a one-eighth of one percent sales and use tax to be administered by a Type B Corporation under Chapter 505 of the Texas Local Government Code, to be effective for 20 years, with the use of the proceeds for economic development, affordable housing, and streets. (2) continuing the Corpus Christi Crime Control and Prevention District and associated sales tax for 10 years; and (3) providing for consideration of amendments to the Charter of the City of Corpus Christi. SECTION 2. At the Election, all the qualified voters of the City of Corpus Christi shall be permitted to vote. SECTION 3. The eSlate direct recording equipment (DRE) shall be employed at the Election in accordance with the Texas Election Code and the Election shall be held at the polling places in the regularly prescribed precincts of the City of Corpus Christi, as set forth on Attachment A hereto incorporated by reference and made part of this ordinance. The Election shall be held in accordance with the Election Laws of the State of Texas. The polls shall be open from 7:00 a.m. to 7:00 p.m. on the date of the Election. SECTION 4. The City Secretary shall conduct the Election as directed by ordinance of the City Council and by law in accordance with the joint election agreement to be entered into with Nueces County. SECTION 5. Early voting in person at each of the temporary branch polling places shall be conducted as follows: Early voting in person may be conducted at the main early voting polling place located in the first floor lobby of the Nueces County Courthouse, 901 Leopard, and at the temporary branch polling places set forth in Attachment B, incorporated by reference and made a part of this ordinance (said Attachment B to be approved and attached when the temporary branch polling places are determined by Nueces County) hereby established as follows. Early voting in person may be conducted at the mobile temporary branch polling places set forth in Attachment C, incorporated by reference and made a part of this ordinance, during the days and hours specified therein (said Attachment C to be approved and attached when the mobile temporary branch polling places are determined by Nueces County). The City Secretary is authorized in the event of an emergency, preventing any of the designated polling places from being utilized, to provide for suitable replacement locations. Each branch polling place and the main early polling place shall serve all Election precincts. SECTION 6. The City Secretary is directed to post and publish such election notices as are required by the election laws of the State of Texas. The City Secretary is further appointed as the authority and officer responsible for the conduct of said Election and is hereby authorized and directed to make all necessary arrangements for the holding of said Election in accordance with and subject to the laws of this State including not limited to coordinating the election process, including use of tabulation equipment, supplies and printing of ballots, in accordance with the joint election agreement to be executed with Nueces County. C:AUsers\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@40054245\@BCL@40054245.docx SECTION 7. At the Election, the voters shall be presented with the following propositions (in English and Spanish) in the form prescribed by the Texas Election Code: PROPOSITION NO. 1 ADOPT TYPE B SALES TAX TO REPLACE EXPIRING PORTION OF TYPE A SALES TAX FOR AGAINST Replacing the portion of the Type A sales tax that expires in 2018 with the adoption of a one- eighth of one percent sales and use tax (maintaining the current level of sales and use tax) to be administered by a Type B Corporation under Chapter 505 of the Texas Local Government Code, to be effective for 20 years, with the use of the proceeds for: 1) 50% for economic development, specifically the promotion and development of new and expanded business enterprises to the full extent allowed by Texas law; (2) Up to $500,000 annually on affordable housing; and (3) Balance of proceeds to be used for construction, maintenance and repair of arterial and collector streets and roads. PROPOSITION NO. 2 CONTINUATION OF CRIME CONTROL DISTRICT FOR AGAINST Whether the Corpus Christi Crime Control and Prevention District should be continued for ten years and the crime control and prevention district sales tax should be continued for ten years. PROPOSITION NO. 3 RESIDENTIAL STREET RECONSTRUCTION TAX FOR AGAINST Amending the City Charter to establish a dedicated fund to be used solely for residential street reconstruction and authorizing the City Council to levy, assess and collect a property tax not to exceed six cents per one hundred dollars of assessed value for the purpose of residential street reconstruction, to be gradually implemented at a rate of not more than two cents per one hundred dollars of assessed value per year. PROPOSITION NO. 4 DESIGNATION OF MAYOR PRO TEM FOR C:AUsers\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@40054245\@BCL@40054245.docx AGAINST Amending the City Charter to provide that in the event of disability of the Mayor for more than 30 days, the Council Member elected at large who received the highest number of votes shall become the Mayor Pro Tem and act as the Mayor during the period of disability. PROPOSITION NO. 5 INCREASE TERM FOR PROCUREMENT OF AUDITOR CONTRACTS FOR AGAINST Amending the City Charter to allow for procurement of contracts for independent auditor with terms up to five years. PROPOSITION NO. 6 ALLOW APPOINTMENT OF ALTERNATE MEMBERS TO CIVIL SERVICE BOARD FOR AGAINST Amending the City Charter to provide for the appointment of two alternate members to the Civil Service Board. PROPOSITION NO. 7 COMPLY WITH STATE LAW TO ALLOW CITY EMPLOYEES TO FILE FOR ELECTION TO MUNICIPAL OFFICE FOR AGAINST Amending the City Charter to eliminate the prohibition on City employees filing for nomination or election to municipal public office to comply with Texas Local Government Code Section 150.041. PROPOSITION NO. 8 ALLOW ISSUANCE OF BONDS IN ACCORDANCE WITH STATE LAW FOR AGAINST Amending the City Charter to provide authority to issue bonds in accordance with the laws of the State of Texas. PROPOSITION NO. 9 AMEND WAITING PERIODS FOR CITY LEASES C:AUsers\GRANIC-1\AppData\Local\Temp \BCL Technologies\easyPDF 7\@BCL@40054245\@BCL@40054245.docx FOR AGAINST Amending the City Charter to clarify the approval process for leases, update the statutory reference, and eliminate the waiting periods for leases and lease amendments which do not exceed 5 years. PROPOSITION NO. 10 UPDATE LEGAL REFERENCES AND CLARIFY GENERAL POWERS FOR AGAINST Amending the City Charter to update legal references in the General Powers section and clarify the General Powers. PROPOSITION NO. 11 CLARIFY PURCHASING PROCEDURES TO COMPLY WITH STATE LAW FOR AGAINST Amending the City Charter to clarify the procedures regarding purchases and contracts in conformity with State law. SECTION 8. Adoption of Proposition No. 3 would amend the City Charter, ARTICLE VIII, TAXATION AND BONDS, Section 1, as follows: Sec. 1. - Taxation. (a) The city council shall have power, and is hereby authorized annually, after the budget is adopted, to levy and collect taxes up to the maximum authorized by the Constitution of Texas based on the assessed value of all real and personal property in the city, not exempt by the Constitution and laws of Texas from taxation; provided that, except as provided in paragraph (b) and paragraph (c) below, the maximum tax rate for all purposes shall not exceed sixty-eight cents ($0.68) per one hundred dollars ($100.00) of assessed value. The maximum tax rate limitation shall remain in full force and effect until changed by Charter amendment or by ordinance duly adopted after a referendum election at which a majority of the registered voters voting at such election approved adoption of the ordinance. (b) The maximum tax rate the city council may levy in support of debt service for any tax - supported obligations which are authorized by the voters of the city at an election held after April 4, 1993, shall be limited to the tax rate limitation provided in the Texas Constitution. In the event any such voter -approved obligations are refunded by the issue of refunding obligations as authorized under Texas law, the debt service on such refunding obligations shall be subject to the maximum tax rate limitation in paragraph (a) above C:AUsers\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@40054245\@BCL@40054245.docx unless: (i) the refunding results in a net present value savings to the city as determined by the Texas Attorney General, or (ii) such refunding obligations are authorized by the voters of the city at an election held for such purpose. (c) A dedicated fund to be used solely for residential street reconstruction is established, and the city council is authorized each year to levy, assess and collect a property tax not to exceed six cents ($0.06) per one hundred dollars ($100.00) of assessed value for the purpose of residential street reconstruction to be deposited in such fund. Said taxes shall be used solely for the purpose of residential street reconstruction, including associated architectural, engineering and utility costs, and shall be implemented gradually at a rate not to exceed two cents ($0.02) per one hundred dollars ($100.00) of assessed value per year. For the purposes of this provision, the term"reconstruction" is defined as removing all or a significant portion of the pavement material and replacing it with new or recycled materials. The dedicated fund established by this subsection (c) may not be used for payment of debt service. (c } Q If for any cause the city council shall fail or neglect to pass a tax ordinance for any year, levying taxes for that year, the tax ordinance last passed shall be considered in force and effect as the tax ordinance for the year for which the city council so failed to pass a tax ordinance, and the failure to pass such ordinance in any year shall not invalidate the collection of the tax for that year. (e )The city council may also prescribe the date when taxes shall become due and prescribe penalties for nonpayment before they become delinquent. {e) (f0 The city council may also levy, assess and collect any other types of taxes as provided by state law, provided that no such tax shall be greater than is authorized by such statute. SECTION 9. Adoption of Proposition No. 4 would amend the City Charter, ARTICLE II, CITY COUNCIL, Section 5, as follows: Sec. 5. Disability of Mayor. If for any reason the mayor is absent from the city or unable to perform the duties of his or her office, the mayor pro tem shall act as mayor and during such absence or disability shall perform the duties and have the powers of the mayor; provided that, in the event that any disability of the mayor extends for a period longer than thirty (30) days, the council member elected at large who received the highest number of votes at the most recent City Council election shall become mayor pro tem and shall act as mayor for the remainder of the period of such disability. He or she shall have all of the authority, rights and benefits of the mayor during such period. SECTION 10. Adoption of Proposition No. 5 would amend the City Charter, ARTICLE II, CITY COUNCIL, Section 27, as follows: Sec. 27. - Independent audit. C:AUsers\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@40054245\@BCL@40054245.docx The council shall provide for an independent annual audit for all city accounts and may provide for such more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the city government or any of its officers. The council may, without rcquiring compctitivc bids, procure dcsignatc such accountant or firm annually or for a period not exceeding thrcc five years, provided that the designation for any particular fiscal year shall be made no later than thirty days after the beginning of such fiscal year. If the state makes such an audit, the council may accept it as satisfying the requirements of this section. SECTION 12. Adoption of Proposition No. 6 would amend the City Charter, ARTICLE VII, EMPLOYMENT REGULATIONS, Section 2, as follows: Sec. 2. Civil Service Board. There shall be a civil service board, which shall consist of three persons, citizens of Corpus Christi. No member of the board shall during his or her tenure be a candidate for or hold any city office or position, and no member of the board shall during his or her tenure hold any other public office, except notary public. The city council shall appoint the members of such board. The city council shall appoint two alternate members to serve for absent board members. The term of office of each member and alternate member of such board shall be for three years, or until a successor is appointed. The civil service board, subject to the approval of the council, shall adopt, amend and enforce a code of rules and regulations providing for appointment, employment or suspension in all positions in the classified service. The civil service board established herein shall promulgate rules and regulations that insure fair treatment of employees in hiring, promotions, grievances and disciplinary actions including suspensions, dismissals, or terminations in accordance with the policy stated herein. SECTION 13. Adoption of Proposition No. 7 would amend the City Charter, ARTICLE VII, EMPLOYMENT REGULATIONS, Section 5, as follows: Sec. 5. - Officers and employees, candidacies. (a) A member of the city council may file as a candidate for nomination or election to any public office, including a position under this Charter. Upon the election or appointment to a non -city public office, such council member shall forfeit his or her office as a member of the council. (b) A member of a city board, commission or committee may file as a candidate for nomination or election to any non -city public office. Upon the election or appointment to a non -city public office or upon the filing as a candidate for any position under this Charter, such board, commission or committee member shall forfeit his or her position. (c) A city employee may file as candidates for nomination or election to any non city public office and may serve in such position if elected or appointed, so long as such activities do not interfere with his or her city employment contrary to ordinances and C:AUsers\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@40054245\@BCL@40054245.docx administrative regulations. If any city cmploycc shall file as a candidate for nomination or with thc city. SECTION 14. Adoption of Proposition No. 8 would amend the City Charter, ARTICLE VIII, TAXATION AND BONDS, Section 2, as follows: Sec. 2. Authority to Issue Bonds (a) Thc city council shall havc thc power and authority by resolution duly passcd, to borrow moncy on thc credit of thc city and may issuc bonds of thc city thcrcfor. It shall outstanding bonds of thc city. (b) No bonds shall bc issucd for a tcrm of longer than one y&ar or to rcfund outstanding bonds at thc same or a highcr ratc of intcrcst and for such maturitics that thc aggrcgatc amount to bc paid on rcfunding, principal and intcrcst, will cxcccd thc aggrcgatc amount duc, principal and intcrcst, on thc entire outstanding bonds proposcd to bc refunded, called for such purposc, cxccpt as authorized by statc law. (c) No bonds shall bc issucd drawing marc than thc maximum ratc of intcrcst per ;annum authorized by statc law. (d) Thc Bond and Warrant Law of 1931, as amended, shall govcrn thc contracts of the city and rcvcnuc bonds, certificates of obligation, notcs or warrants issucd by it. The city council shall have the power and authority to issue bonds in accordance with the general and special laws of the State of Texas, in effect from time to time and as applicable to the City. SECTION 15. Adoption of Proposition No. 9 would amend the City Charter, ARTICLE IX, PUBLIC UTILITIES, FRANCHISES, AND LEASES, Section 3, as follows: Sec. 3. - Ordinance granting franchise or lease of city property with term exceeding 5 years. fa) Every ordinance granting, renewing, extending or amcnding or expanding a franchise or a lease of city property of thc city with a term exceeding 5 years shall be read at two regular meetings of the council, and shall not be finally acted upon until the twenty-eighth day after the first reading thereof. Within five days following each of the two readings of the ordinance, a description of the franchise or lease, including the names of the parties, the term, payments to the city and the purpose of the franchise or lease, shall be published one time in a newspaper of general circulation in the city, and the expense of such publication shall be borne by the prospective franchise holder or lessee. Copies of the full text of any such ordinance shall be made available to the public at no charge in the office of the city secretary. With the exception of any ordinance authorized by election provided herein, no ordinance granting, renewing, extending or amending or expanding a lease or franchise of more than five years shall become effective until the expiration of sixty days C:AUsers\GRANIC-1\AppData\Local\Temp \BCL Technologies\easyPDF 7\@BCL@40054245\@BCL@40054245.docx following the date of its final adoption by the council, and every such ordinance shall be subject to referendum procedure provided by state law, Section 282.003, Texas Govcrnmcnt Codc, Section 311.073, Texas Transportation Code, as amended now or in the future. (b) Notwithstanding any othcr provision of this Charter, any ordinance granting or authorizing thc execution of a Ieasc having a tcrm of five y&Drs or Icss may bc finally passcd and thc Ieasc authorized without publication of any noticc, and in cases of declaration of cmcrgcncy may bc passcd without ncccssity of two r&Ddings. Section 16. Adoption of Proposition No. 10 would amend the City Charter, ARTICLE X, GENERAL POWERS AND PROVISIONS, Section 1, as follows: Sec. 1. - General powers. (a) The city shall have and may exercise, for any municipal purpose, all powers applicable to home rule cities in the Texas constitution, statutes and codes, and specifically including the powers presently enumerated in Articic 1175, Tcxas Civil Statutes, and formerly enumerated in Articic 1175, which have bccn codified in other provisions of Tcxas statutes and codes, and which may bc added thereto at any timc in thc future, governmental functions contained in Texas Civil Practices & Remedies Code, Section 101.0215(a), as amended, including the power to establish fees for said functions, and the following powers, to the fullest extent it deems necessary, desirable, or convenient, except as clearly prohibited or limited by state law or this Charter: (1) To use a corporate seal. (2) To suc and bc sucd To sue in any court. (3) To contract. (4) To define and abate nuisances. (5) To levy and collect taxes and fees. (6) To borrow money by issue or sale of bonds, warrants, notes or other method. (7) To appropriate and expend monies. (8) To acquire and own property or any interest therein, within and without the corporate limits, by purchase, eminent domain, gift, devise, exaction, or any other means whatsoever. (9) To sell, lease or otherwise convey city property, real or personal. (10) To manage and control all city property. (11) To establish, improve and maintain a comprehensive system of streets and public ways and all appurtenances related thereto, and to control and regulate any use thereof; provided, no street or alley may be opcncd or closed except after notice by one publication in a newspaper of general circulation in the city and by mail to the last known address of all owners within four hundred fifty feet therefrom and hearing by the city council. (12) To assess the cost of street, sidewalk and related improvements against abutting property owners and fix a lien against such abutting property in any manner authorized by Subchapter E of Chapter 102, Tcxas Local Government Codc, and Chapters 312 and 313, Tcxas Transportation Codc state law, as thc same may bc amended in thc future, or other Gtatc law, or any city ordinance, which procedures are hereby adopted as alternatives which may be exercised. (13) To levy and collect assessments and fees against property benefitted by improvements, and fix liens thereto, according to procedures established by ordinance or law. C:AUsers\GRANIC-1\AppData\Local\Temp \BCL Technologies\easyPDF 7\@BCL@40054245\@BCL@40054245.docx [Remainder of Section 1 left unchanged. J SECTION 17. Adoption of Proposition Amendment No. 11 would amend the City Charter, ARTICLE X, GENERAL POWERS AND PROVISIONS, Section 2, as follows: Sec. 2. - Contracts. (a) All contracts shall be authorized by the city council, except that the city manager may authorize contracts which do not require expenditures exceeding the limit at which competitive bids are required under the Texas Local Government Code, as amended, and may exceed that sum in the case of emergency which shall be reported to the council. (b) No contract shall be binding until it has been (1) signed by the city manager or the manager's authorized representative, and (2) approved or objected to in writing by the city attorney, which objection shall be filed with the city secretary; Provided, however, that as to standard contracts for multiple transactions, the city attorney need only approve the standard form. (c) All purchases and contracts must comply with state law. bc compctitivcly bid or proposcd or bascd upon a procurcmcnt mcthod authorizcd by statc law. For any contract that is bascd on compctitivc bids or proposal, aftcr approval of spccifications by thc city managcr, advcrtiscmcnt of such contracts shall bc publishcd in a ncwspaper of gcncrai circulation in thc city at least oncc in ctach wccic for two consccutivc wccics, inviting compctitivc bids or proposals. All bids or proposals submittcd shall bc sctalcd and dclivcrcd in thc manncr rcquircd by thc spccifications. At thc timc announccd in such noticc, the bids or proposals shall bc opcncd in thc prcscncc of one or morc city cmployccs dcsignatcd by thc city managcr and in thc prcscncc of thosc biddcrs dcsiring to bc prcscnt, cxccpt that confidcntiality may bc providcd in accordancc with statc law. Thc council shall dctcrminc thc most advantagcous bid or proposal for thc city. Thc city shall always havc thc right to rcjcct any and all bids or proposals. In thc cvcnt all bids or proposals arc rcjcctcd, thc city may call for new bids or proposals at its discrction, which shall bc c dvcrtiscd in likc manncr as thc original. (d) No contract shall ever be made which binds the city to pay for personal services to be rendered for any stated period of time; but all contracts for personal service shall be restricted to the doing of some particular act or thing, and upon its completion no further liability shall exist on the part of the city. SECTION 18. The Election is expected to be conducted in accordance with an agreement between Nueces County and the City of Corpus Christi to hold a joint election on November 8, 2016, (which shall be approved and attached hereto as Attachment D and incorporated herein). The City Secretary is authorized to approve all lawful changes and additions to the procedures provided herein in order to implement such agreement, including but not limited to provisions for substations and mobile voting sites. SECTION 19. By approving and signing this ordinance, the Mayor officially confirms and orders as the Mayor's actions all matters recited in this ordinance which by law come within the Mayor's jurisdiction. C:AUsers\GRANIC-1\AppData\Local\Temp \BCL Technologies\easyPDF 7\@BCL@40054245\@BCL@40054245.docx SECTION 20. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance or the ballot herein 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 of 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 Nelda Martinez City Secretary Mayor C:AUsers\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@40054245\@BCL@40054245.docx AGENDA MEMORANDUM First Reading for the August 9, 2016 City Council Meeting Second Reading for the August 16, 2016 City Council Meeting DATE: August 4, 2016 TO: Margie C. Rose, City Manager FROM: Rebecca Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 Mark Van Vleck, Assistant City Manager MarkVV@cctexas.com (361) 826-3082 Valerie H. Gray, P.E., Executive Director, Public Works valerieg@cctexas.com (361) 826-3729 Jeffrey Edmonds, P.E., Director, Engineering Services jeffreye@cctexas.com (361) 826-3729 Ordinance calling for Special Election — Bond 2016 Proposition CAPTION: Ordinance ordering a special election to be held on November 8, 2016, in the City of Corpus Christi, authorizing bond issuances of the city supported by ad valorem taxes; providing for the procedures for holding such an election; providing for notice of election and publication thereof; providing for the establishment of branch early polling places; designating polling place locations; authorizing a joint election with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance. PURPOSE: Based on Council's direction to the City Manager on July 29, bond counsel has developed the following proposition for the ballot: PROPOSITION The issuance of bonds for designing, constructing, renovating, and making permanent street, sidewalk, and drainage, and any related improvements in the aggregate principal amount not to exceed $38,900,000, and levying a tax in payment thereof, with priority given to the following: Intersection of Rodd Field Road and Yorktown Boulevard Six Points intersection for Ayers Street, Staples Street, and Alameda Street Laguna Shores Road improvements Traffic signal and intersection infrastructure, communications, and network improvements Street lighting improvements Americans with Disability Act (ADA) improvements Projects receiving external funding for all or part of their costs (including Texas Department of Transportation Participation Projects and Developer Participation Projects under the Unified Development Code) BACKGROUND AND FINDINGS: At the July 29 meeting, the Council made a motion directing the City Manager to bring forward bond continuation projects as follows: Intersection of Rodd Field Road and Yorktown Boulevard $3,900,000 Six Points Intersection Improvements $3,750,000 TxDOT Participation and Mobility Improvements $2,350,000 Traffic Signal & Intersection Infrastructure Improvements $3,000,000 Traffic Signal Communications & Network Improvements $10,000,000 Street Lighting Improvements $2,000,000 ADA Improvements $2,500,000 Developer Participation $2,500,000 TOTAL: $30,000,000 Additionally, the Council made a motion directing the City Manager to investigate the feasibility of adding Laguna Shores Road to the aforementioned bond continuation projects, prioritizing the center section (Hustlin' Hornet to Caribbean), but investigating all three phases. Upon review, engineering staff has determined that the cost to execute all three phases of the Laguna Shores Road improvements is $8.9 million. ALTERNATIVES: Staff is preparing an alternative proposal in light of changes to the Local Government Code regarding Certificates of Obligation. CONFORMITY TO CITY POLICY: Adheres to election law and bond requirements. EMERGENCY / NON -EMERGENCY: Requires two readings. DEPARTMENTAL CLEARANCES: Engineering Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital RI Not applicable Fiscal Year: 2015-2016 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: LIST OF SUPPORTING DOCUMENTS: Ordinance — Calling for Special Election: Bond 2016 Proposition Presentation — Bond Continuation Projects ORDINANCE AN ORDINANCE ORDERING A SPECIAL ELECTION TO BE HELD ON NOVEMBER 8, 2016, IN THE CITY OF CORPUS CHRISTI, AUTHORIZING BOND ISSUANCES OF THE CITY SUPPORTED BY AD VALOREM TAXES; PROVIDING FOR THE PROCEDURES FOR HOLDING SUCH AN ELECTION; PROVIDING FOR NOTICE OF ELECTION AND PUBLICATION THEREOF; PROVIDING FOR THE ESTABLISHMENT OF BRANCH EARLY POLLING PLACES; DESIGNATING POLLING PLACE LOCATIONS; AUTHORIZING A JOINT ELECTION WITH NUECES COUNTY; AND ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE WHEREAS, the City Council (the Council) of the CITY OF CORPUS CHRISTI, TEXAS (the City), located in Nueces, Aransas, Kleberg, and San Patricio Counties, Texas, hereby finds and determines that an election should be held to determine whether the Council shall be authorized to issue general obligation bonds of the City in the amounts and for the purposes hereinafter identified (the Special Election); and WHEREAS, the City will conduct the Special Election jointly with Nueces County (the County) and with other political subdivisions (such other political subdivisions, collectively, the Participants) for whom the County is also conducting their elections, as provided pursuant to the provisions of one or more joint election agreements or contracts among the City, the County, and the Participants, entered into in accordance with the provisions of Section 271.002 of the Texas Election Code, as amended (the Election Code), or other applicable law; and WHEREAS, pursuant to the aforementioned joint election agreement, the County will conduct all aspects of the Special Election on the City's behalf; and WHEREAS, the Council hereby finds and determines that it is in the best interests of the City to enter into one or more election agreements or contracts with the County and the Participants to conduct the Special Election in accordance with the laws of the State of Texas (the State) and applicable federal laws; and WHEREAS, the Council hereby finds and determines that the necessity to construct various capital improvements within the City necessitates that it is in the public interest to call and hold the Special Election at the earliest possible date to authorize the issuance of general obligation bonds for the purposes hereinafter identified; and WHEREAS, concurrently with the Special Election (and as a joint election with the County and any other Participants), the City will, pursuant to the City Charter of the City and by separate ordinance adopted by the Council on the date hereof, conduct its regular City election for Mayor and members of the Council (along with any necessary runoff election) (such regular election, the General Election) in addition to other special elections for measures identified by separate ordinance (the Other Elections); and WHEREAS, after full review and consideration of each project listed under the proposition described below, the Council hereby finds and determines that each project is necessary for a public purpose and is in the best interests of the City and the residents of the City; and WHEREAS, the Council hereby finds and determines that the actions hereinbefore described are in the best interests of the residents of the City; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The Special Election shall be held in the CITY OF CORPUS CHRISTI, TEXAS on the 8th day of November, 2016 (Election Day), which is a uniform election date under the Election Code, and is not less than seventy-eight (78) days nor more than ninety (90) days from the date of the adoption of this ordinance (the Ordinance), for the purpose of submitting the following proposition (the Proposition) to the qualified voters of the City: PROPOSITION 12 "Shall the City Council of the City of Corpus Christi, Texas be authorized, in accordance with applicable law, to issue and sell one or more series of general obligation bonds of the City, in the aggregate principal amount of not more than $20,350,000, with such series or issues of bonds, respectively, to mature serially or otherwise within not to exceed forty years from their date and to be sold at such prices and bear interest at such rates (whether fixed, floating, variable, or otherwise, but in no case at a rate that exceeds the maximum rate per annum authorized by applicable law at the time of any such issuance), as shall all be determined within the discretion of the City Council, for the purpose of making permanent public improvements or for other public purposes, to wit: designing, constructing, renovating, improving, constructing, reconstructing, restructuring and extending streets and thoroughfares and related land and right-of-way (including pedestrian and bike traffic lanes), sidewalks, streetscapes, collectors, drainage, landscape, signage, lighting, traffic signals (including networking hardware and software), acquiring lands and rights-of-way necessary thereto or incidental therewith (but specifically excluding related City utility costs, which are the responsibility of the City's utility system), with priority given to the following street projects: Traffic signal and intersection infrastructure, communications, and network improvements Americans with Disability Act (ADA) improvements Projects receiving external funding for all or part of their costs (including Texas Department of Transportation Participation Projects and Developer Participation Projects under the Unified Development Code) and in providing for the above public improvements, the City Council shall have the option to (i) utilize other funds available for such purposes, including external funding sources (such as the U.S. Department of Transportation and Texas Department of Transportation, respectively) and (ii) abandon such indicated public improvements that are reliant, in part, on external sources of funding that (for whatever reason) do not materialize or because unforeseen changes in fact or circumstance make the anticipated expenditure no longer wise or necessary (as determined by the City Council), and after making due provision for the improvements listed above or determining that the public improvement project will not proceed for a reason heretofore described, the City Council may, in its discretion, use any -2- excess funds for constructing, reconstructing, restructuring, and extending other streets and thoroughfares and related land and right-of-way sidewalks, streetscapes, collectors, drainage, landscape, signage, equipment storage facilities, acquiring lands and rights-of- way necessary thereto or incidental therewith, including (and with priority given to) residential traffic management program improvements, and street curb and gutter improvements (but specifically excluding related City utility costs, which are the responsibility of the City's utility system); and shall the City Council be authorized to levy and pledge, and cause to be assessed and collected, within the limitations prescribed by law, annual ad valorem taxes on all taxable property in the City sufficient to pay the annual interest and sinking fund to pay the bonds at maturity and to pay the costs of any credit agreements executed in connection with the bonds? SECTION 2. The City election precincts hereby established for the purpose of holding the Special Election and the polling places hereby designated for holding the Special Election in the City election precincts are identified in Exhibit A to this Ordinance, and this Exhibit A is hereby incorporated by reference into this Ordinance for all purposes. At least seventy-nine (79) days prior to Election Day, or as soon as thereafter is reasonably practicable, the City Secretary, or her designee, in coordination with the County's election official (the Election Official) or the designee thereof, as necessary or desirable, will identify and formally approve the appointment of the Presiding Judges, Alternate Presiding Judges, Election Clerks, and all other election officials for the Special Election, together with any other necessary changes to election practices and procedures and can correct, modify, or change the Exhibits to this Ordinance based upon the final locations and times agreed upon by the Election Official, the City, and the Participants to the extent permitted by applicable law. The Presiding Judge shall appoint not less than two (2) resident qualified voters of the County to act as clerks in order to properly conduct the Special Election. To the extent required by the Election Code or other applicable law, the appointment of these clerks must include a person fluent in the Spanish language to serve as a clerk to render oral aid in the Spanish language to any voter desiring such aid at the polls on Election Day. If the Presiding Judge appointed actually serves, the Alternate Presiding Judge shall serve as one of the clerks. In the absence of the Presiding Judge, the Alternate Presiding Judge shall perform the duties of the Presiding Judge of the election precinct. On Election Day, the polls shall be open from 7:00 a.m. to 7:00 p.m. The main early voting location is designated in Exhibit B to this Ordinance (which is hereby incorporated herein by reference for all purposes). The individual named as the Early Voting Clerk as designated in Exhibit B is hereby appointed as the Early Voting Clerk to conduct such early voting in the Special Election. The Early Voting Clerk shall appoint the Deputy Early Voting Clerks. This main early voting location shall remain open to permit early voting on the days and at the times as stated in Exhibit B. Early voting shall commence as provided on Exhibit B and continue through the date set forth on Exhibit B, all as provided by the provisions of the Election Code. Additionally, permanent and temporary branch offices for early voting by personal appearance shall be established and maintained in accordance with the Election Code. The locations, dates, and hours of operation for early voting at these offices (being the permanent and temporary branch offices) shall be determined by the Election Official, as identified in Exhibit B hereto. An Early Voting Ballot Board is hereby established for the purpose of processing early voting results. The individual designated in Exhibit B as the Presiding Judge of the Early Voting Ballot Board is hereby appointed the Presiding Judge of the Early Voting Ballot Board. The Presiding Judge shall appoint -3- not less than two (2) resident qualified voters of the County to serve as members of the Early Voting Ballot Board. SECTION 3. The eSlate direct recording equipment (DRE) shall be employed at each of the polling locations utilized for the Special Election in accordance with the Election Code; provided, however, in the event the use of such eSlate DRE is not practicable, the Special Election may be conducted on Election Day by the use of paper ballots (except as otherwise provided in this section). e Slate DRE or paper ballots may be used for early voting by personal appearance (except as otherwise provided in this section). Pursuant to Section 61.012 of the Election Code, the City shall provide at least one accessible voting system in each polling place used in the Special Election. Such voting system shall comply with State and federal laws establishing the requirement for voting systems that permit voters with physical disabilities to cast a secret ballot. Paper ballots, touch screen voting machines, and/or such other legally -permissible voting methods may be used for early voting and Election Day voting by personal appearance. Certain early voting may be conducted by mail. SECTION 4. The City shall also utilize a Central Counting Station (the Station) as provided by Section 127.001, et seq. of the Election Code. The Election Official, or the designee thereof, is hereby appointed as the Manager and Presiding Judge of the Station and may appoint Station clerks and establish a written plan for the orderly operation of the Station in accordance with the provisions of the Election Code. The Council hereby appoints the Election Official, or the designee thereof, as the Tabulation Supervisor and the Election Official, or her designee, as the Programmer for the Station. Lastly, the Election Official will publish notice and conduct testing on the automatic tabulation equipment relating to the Station and conduct instruction for the officials and clerks for the Station in accordance with the provisions of the Election Code. SECTION 5. The official ballot shall be prepared in accordance with the Election Code, as amended, so as to permit voters to vote "FOR" or "AGAINST" the aforesaid proposition which shall appear on the ballot substantially as follows: PROPOSITION 12 The issuance of bonds for designing, constructing, renovating, and making permanent street, sidewalk, and drainage, and any related improvements in the aggregate principal amount not to exceed $20,350,000, and levying a tax in payment thereof, with priority given to the following: Traffic signal and intersection infrastructure, communications, and network improvements Americans with Disability Act (ADA) improvements Projects receiving external funding for all or part of their costs (including Texas Department of Transportation Participation Projects and Developer Participation Projects under the Unified Development Code) SECTION 6. In accordance with Section 52.072(c) of the Election Code, the Proposition shall appear on the City's ballot after the listing of offices that are the subject of the General Election and the measures that are the subjects of the Other Elections. SECTION 7. The voter -approved bonds issued pursuant to the Proposition above shall be secured by and payable from the full tax rate authorized by Texas Constitution, in accordance with Article VIII, Section 1(b) of the City Charter. -4- SECTION 8. All resident qualified voters of the City shall be permitted to vote at the Special Election, and on Election Day, such voters shall vote at the designated polling places. The Special Election shall be held and conducted in accordance with the provisions of the Election Code and Chapters 1251 and 1331, as amended, Texas Government Code (collectively, the Election Laws), and as may be required by any other law. All materials and proceedings relating to the Special Election shall be printed in both English and Spanish. SECTION 9. A substantial copy of this Ordinance shall serve as a proper notice of the Special Election. This notice, including a Spanish translation thereof, shall be posted (i) at three (3) public places within the City and at the City Hall not less than twenty-one (21) days prior to Election Day and (ii) in a prominent location at each polling place on Election Day and during early voting and shall be published on the same day in each of two (2) successive weeks in a newspaper of general circulation in the City, the first of these publications to appear in such newspaper not more than thirty (30) days, and not less than fourteen (14) full days prior to Election Day. In addition, during the twenty-one (21) days prior to Election Day, the City shall, in a prominent manner, maintain such notice on its Internet website. The City Secretary is directed to post and publish such Special Election notices as specified above and as required by the Election Laws. SECTION 10. As required by and in accordance with Section 3.009(b)(5) and (7) through (9) of the Texas Election Code, added by the 83rd Texas Legislature, the City, as of its fiscal year beginning October 1, 2015, had outstanding an aggregate ad valorem tax -supported principal amount of debt equal to $ ; the aggregate amount of the interest owed on such City debt obligations, through respective maturity, totaled $ ; and the City levied an ad valorem debt service tax rate for its outstanding debt obligations of $ per $100 of taxable assessed valuation. Of the aforementioned City debt, the City considers $ and $ of that principal and interest, respectively, to be self- supporting debt payable from sources other than ad valorem taxes. The City estimates an ad valorem debt service tax rate of $ per $100 of taxable assessed valuation if the bonds that are subject of the Special Election are approved and are issued (taking into account the outstanding City bonds and bonds that are the subject of the Special Election, but not future bond authorizations of the City). This is only an estimate provided for Texas statutory compliance and does not serve as a cap on any City ad valorem debt service tax rate. SECTION 11. The Council hereby appoints the City Secretary as the authority and officer responsible for the conduct of the Special Election and is hereby authorized and directed to make all necessary arrangements for the holding of the Special Election in accordance with the Elections Laws, which obligations include (but are not limited to) coordinating the Special Election process and negotiating, entering into, and carrying out the terms and provisions of one or more joint election agreements or contracts with the County and any Participants in accordance with the provisions of the Election Code. To the extent that any duty or obligation of the City, in general, or the City Secretary, in particular, is properly delegated to the County pursuant to a joint election agreement, then the County's carrying out those duties and obligations on the City's behalf pursuant to the terms of such joint election agreement shall be binding upon the City and are hereby determined by the Council to be evidence of the City's compliance with the provisions of the Election Laws relative to the same. In addition, the City Manager and the City Secretary, individually or in concert and as necessary or desired, are hereby authorized and entitled to make such technical modifications to this Ordinance that are necessary for compliance with applicable State or federal law (including the Election Laws) or to carry out the intent of the Council, as evidenced herein. -5- SECTION 12. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. SECTION 13. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters ordained herein. SECTION 14. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 15. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and this Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 16. It is officially found, determined, and declared that the meeting at which this Ordinance was adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 17. This Ordinance shall be in force and effect from and after its final passage, and it is so ordained. * -6- PASSED AND APPROVED on the 16th day of August, 2016. ATTEST: Rebecca Huerta City Secretary (SEAL) APPROVED THIS 16th DAY OF AUGUST, 2016: Miles Risley City Attorney S-1 CITY OF CORPUS CHRISTI, TEXAS Mayor THE STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI § § § § § I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 16th day of August, 2016, ordering a special election to be held on November 8, 2016, which ordinance is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the 16th day of August, 2016. Rebecca Huerta City Secretary (CITY SEAL) S-2 That the foregoing ordinance was read for the first time and passed to its second reading on this the 9th day of August, 2016, by the following vote: Nelda Martinez Brian Rosas Michael T. Hunter Lucy Rubio Chad Magill Colleen McIntyre Mark Scott Rudy Garza Jr. Carolyn Vaughn That the foregoing ordinance was read for the second time and passed finally on this the 16th day of August, 2016, by the following vote: Nelda Martinez Brian Rosas Michael T. Hunter Lucy Rubio Chad Magill Colleen McIntyre Mark Scott Rudy Garza Jr. Carolyn Vaughn PASSED AND APPROVED, this the 16th day of August, 2016. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor APPROVED THIS 16th DAY OF AUGUST, 2016 Miles Risley City Attorney S-3 EXHIBIT A ELECTION PRECINCTS AND ELECTION DAY POLLING LOCATIONS Election Day: Tuesday, November 8, 2016 Election Day Polling Locations open from 7:00 a.m. to 7:00 p.m. Nueces County Precinct No. Polling Places Nueces County Precinct No. Polling Places [The remainder of this page intentionally left blank] A-1 EXHIBIT B EARLY VOTING Early voting begins Monday, October 24, 2016 and ends on Friday, November 4, 2016 Early Voting Clerk: Kara Sands Early Voting Clerk's physical address: 901 Leopard Street, Corpus Christi, Texas 78401 Presiding Judge of the Early Voting Ballot Board: to be determined by Kara Sands Any voter entitled to vote an early ballot by personal appearance may do so at any Early Voting Site. Location, Dates & Hours of Main Early Voting Polling Place Nueces County Courthouse 901 Leopard Corpus Christi, Texas 78401 Dates Times Location, Dates & Hours of Permanent Branch Polling Places Dates Times Location, Dates & Hours of Temporary Branch Polling Places EARLY VOTING BY MAIL: Applications for voting by mail should be received no later than the close of business (4:30 p.m.) on Friday, October 28, 2016. Applications should be sent to: Kara Sands, County Clerk Nueces County, Texas P.O. Box 2627 Corpus Christi, Texas 78403 email: nueces.countyelections@nuecesco.com B-1 Corpus Chr sti Engineering Services Proposed Bond 2016 Council Presentation August 16, 2016 Proposed Bond 2016 Projects �hrsti Engineering Services PROPOSED PROPOSITION 1 1. 2. Traffic Signal & Intersection Infrastructure Improvements 3. 4. ADA Improvements 5. TxDOT Participation & Mobility Improvements Traffic Signal Communications & Network Improvements Developer Participation $ 2,350,000 $ 3,000,000 10,000,000 $ 2,500,000 $2,500,000 Total Proposition 1 $20,350,000 Project Descriptions Corpus chrsti Engineering Services 1. TXDOT PARTICIPATION AND MOBILITY IMPROVEMENTS - Continuation of program for obtaining matching funds to leverage State and Federal funding for transportation related projects including new bicycle and pedestrian improvements. The bicycle and pedestrian infrastructure improvements will be in accordance with Strategic Plan for Active Mobility to create mobility options by strengthening walkable and/ or bikable connections to key destinations. ($ 2,350,000) 2. TRAFFIC SIGNAL & INTERSECTION INFRASTRUCTURE IMPROVEMENTS - Continuation of previous Bond programs to upgrade City's signal infrastructure to include pavement restoration, new traffic signal mast arms and poles, signage, pavement markings, ADA ramps and other improvements as necessary. ($ 3,000,000) 3 Project Descriptions Corpus chrsti Engineering Services 3. TRAFFIC SIGNAL COMMUNICATIONS & NETWORK IMPROVEMENTS - Continuation of previous Bond project modernizing the City's traffic signal network. Replacement of obsolete equipment and signal management systems as well as enhanced connectivity improves safety; reduces traffic congestion and travel times; and increases fuel efficiency. ($ 10,000,000) 4. ADA IMPROVEMENTS - Continuation of the City-wide ADA Accessibility improvements. The proposed improvements will continue coordination with the Street Preventative Maintenance Program to maximize resources and overall impacts for the city. The work plan will include remaining transportation associated improvements from the 2003 ADA Transition Plan and coordination with the Committee for Persons with Disabilities. ($2,500,000) 4 Project Descriptions Corpus chrsti Engineering Services 5. DEVELOPER PARTICIPATION - This project provides funding for the City's share of street and bridge construction projects associated with new developments when the Unified Development Code (UDC) requires City participation. This helps the City to ensure that the public interest is served by upgrading collector and arterial street infrastructure within new developments to conform with adopted City Master Plans. ($ 2,500,000) 5 4C1411' Corpus Chrsti Engineering Services Questions? "Continuing to Build Our Future" AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of August 16, 2016 Second Reading Ordinance for the City Council Meeting of August 23, 2016 DATE: TO: July 5, 2016 Margie C. Rose, City Manager THRU: 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 Acceptance of the Texas Department of Health Services Community Preparedness Section -Laboratory Response Network Ebola Equipment (CPS/LRN-EBOLA) grant and ratifying acceptance of the grant agreement to begin June 10, 2016. CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend and appropriate a grant contract for the Community Preparedness Section - Laboratory Response Network Ebola Equipment (CPS/LRN-EBOLA) grant in the amount of $200,000, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund, to purchase equipment to support accelerated local public health preparedness planning and operational readiness for responding to Ebola virus disease for the contract period June 10, 2016, through June 30, 2017; and ratifying acceptance of the grant agreement to begin June 10, 2016. PURPOSE: To be used to purchase equipment to support accelerated local public health preparedness planning and operational readiness for responding to Ebola virus disease within the service area of the Corpus Christi-Nueces County Public Health District (CCNCPHD) that includes Calhoun County, Victoria County, Aransas County, Jim Wells County, Kleberg County, Live Oak County, Nueces County, Refugio County, and San Patricio County. BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) has awarded a one-time supplemental grant to the CCNCPHD in the amount of $200,000 to perform activities and purchase equipment in support of the Public Health Emergency Preparedness Cooperative Agreement (Funding Opportunity Number CDC-RFA-TP12-12010302SUPP15) under the Grant Title: Hospital Preparedness Program (HPP) and Public Health Emergency Preparedness (PNEP) Cooperative Agreements I PHEP Supplemental for Ebola Preparedness and Response Activities and CFDA # 93.074 from the Centers for Disease Control and Prevention (CDC). ALTERNATIVES: Refuse the grant and not perform activities or purchase equipment to prepare for and respond to an outbreak of EBOLA in the service area. OTHER CONSIDERATIONS: None. 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 June 10, 2016. DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. FINANCIAL IMPACT: ❑ Operating x Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 200,000.00 200,000.00 Encumbered / Expended Amount This item 200,000.00 200,000.00 BALANCE Fund(s): Health Grants Comments: Grant does not require any type of cash or in-kind match. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance Contract No. 2016-004163-00 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend and appropriate a grant contract for the Community Preparedness Section - Laboratory Response Network Ebola Equipment (CPS/LRN-EBOLA) grant in the amount of $200,000, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund, to purchase equipment to support accelerated local public health preparedness planning and operational readiness for responding to Ebola virus disease for the contract period June 10, 2016, through June 30, 2017; and ratifying acceptance of the grant agreement to begin June 10, 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 $200,000, for the contract period of June 10, 2016, through June 30, 2017, to purchase equipment to support accelerated local public health preparedness planning and operational readiness for responding to Ebola virus disease. Section 2: That the grant in the amount of $200,000, is appropriated in the No. 1066 Health Grants Fund to commence the CPS/LRN EBOLA 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 June 10, 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 2016-004163-00 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 $200,000.00. 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, DSHS may restrict, reduce, or terminate funding under this Contract. 4. Term of the Contract: This Contract begins on 06/10/2016 and ends on 06/30/2017. 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, DSHS 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: CPS/LRN-EBOLA CPS — LRN Ebola Equipment Contracts Page 1 of 12 7. Statement of Work: A. Grantee will perform activities in support of the Public Health Emergency Preparedness Cooperative Agreement (Funding Opportunity Number CDC-RFA-TP12-12010302SUPP15) under the Grant Title: Hospital Preparedness Program (HPP) and Public Health Emergency Preparedness (PHEP) Cooperative Agreements / PHEP Supplemental for Ebola Preparedness and Response Activities and CFDA # 93.074 from the Centers for Disease Control and Prevention (CDC). B. Grantee will use Ebola preparedness and response supplemental funding to purchase equipment approved by the Texas Department of State Health Services (hereinafter referred to as "DSHS" or "Department" or "System Agency") to support accelerated local public health preparedness planning and operational readiness for responding to Ebola virus disease. For the Ebola Supplemental Funds there is not a match requirement. C. Grantee will initiate the purchase of approved equipment as detailed in this Contract's Equipment Category Detail page of the approved budget within the first six (6) months of the effective date of this Contract. D. Grantee will collaborate with the healthcare sector by participating in regional healthcare coalitions. Grantee will coordinate activities with the healthcare sector in Grantee's jurisdictions, as well as with other state -funded public health programs and those of other agencies to promote cross -cutting and coordinated activities while limiting duplication. E. Grantee will comply with new biological laboratory requirements in accordance with the revised CDC policy for LRN-B Reference Level Laboratories. F. Grantee will address the following public health preparedness capabilities: 1. Capability 1 -- Community Preparedness is the ability of communities to prepare for, withstand, and recover — in both the short and long terms — from public health incidents. 2. Capability 4 — Emergency Public Information and Waming is the ability to develop, coordinate, and disseminate information, alerts, warnings, and notifications to the public and incident management responders. 3. Capability 6 — Information Sharing is the ability to conduct multijurisdictional, multidisciplinary exchange of health-related information and situational awareness data among federal, state, local, territorial, and tribal levels of government, and the private sector. This capability includes the routine sharing of information as well as issuing of public health alerts to federal, state, local, territorial, and tribal levels of government and the private sector in preparation for and in response to events or incidents of public health significance. 4. Capability 10 — Medical Surge is the ability to provide adequate medical evaluation and care during events that exceed the limits of the normal medical infrastructure of an affected community. It encompasses the ability of the healthcare system to survive a hazard impact and maintain or rapidly recover operations that were compromised. 5. Capability 11 — Non -Pharmaceutical Interventions is the ability to recommend to the applicable lead agency (if not public health) and implement, if applicable, strategies for disease, injury, and exposure control. Strategies include the following: isolation and quarantine; restrictions on movement and travel advisory/warnings; social distancing; external decontamination; hygiene; and precautionary behaviors. 6. Capability 12 — Public Health Laboratory Testing is the ability to conduct rapid and conventional detection, characterization, confirmatory testing, data reporting, investigative support, and laboratory networking to address actual or potential exposure to all -hazards. Hazards include chemical, radiological, and biological, and biological agents in multiple matrices that may include clinical samples, food, and environmental samples (e.g., water, air, and soil). This capability supports routine surveillance, including Page 2 of 12 pre -event incident and post -exposure activities. 7. Capability 13 — Public Health Surveillance and Epidemiological Investigations is the ability to create, maintain, support and strengthen routine surveillance and detection systems and epidemiological investigation processes, as well as to expand these systems and processes in response to incidents of public health significance. G. Grantee will coordinate all risk communication activities with the DSHS Communications Unit by using DSHS's core messages posted on the DSHS website, and submitting copies of draft risk communication materials to DSHS for coordination prior to dissemination. H. If applicable, Grantee will develop, implement, and maintain a timekeeping system for accurately documenting staff time and salary expenditures for all staff funded through this Contract, including partial full-time employees and temporary staff. I. Grantee will submit programmatic reports as directed by DSHS in a format specified by DSHS. Grantee will provide DSHS other reports, including financial reports, and any other reports that DSHS determines necessary to accomplish the objectives of this contract and to monitor compliance. J. Grantee will submit the Financial Status Report (FSR -269A) on a quarterly basis. K. In the event of an infectious disease outbreak involving a portion of the state, Grantee will mobilize and dispatch staff or equipment purchased with funds from previous Public Health Emergency Preparedness cooperative agreements and which are not performing critical duties in the jurisdiction served, to the affected area of the state upon receipt of a written request from DSHS. L. In the event of another local, state, or federal emergency, Grantee has the authority to utilize approximately five percent of Grantee's staffs time supporting this Contract for response efforts. DSHS shall reimburse Grantee up to five percent of this Contract funded by CDC for personnel costs responding to an emergency event. Grantee shall 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. Grantee shall notify the Assigned Contract Manager in writing when this provision is implemented. M. For the purposes of this Contract, the Grantee may not use funds for research, clinical care, the purchase of furniture, fund-raising activities or lobbying, construction or major renovations, for reimbursement of pre -award costs, to supplant existing state or federal funds for activities, payment or reimbursement of backfilling costs for staff, purchase of vehicles of any kind, funding an award to another party or provider who is ineligible. N. Grantee will comply with all applicable federal and state laws, rules, and regulations, standards, and guidelines including, but not limited to, the following: 1) Public Law 107-188, Public Health Security and Bioterrorism Preparedness and Response Act of 2002; 2) Public Law 113-05, Pandemic and All -Hazards Preparedness Reauthorization Act; and 3) Texas Health and Safety Code Chapter 81. 0. Grantee will inform DSHS in writing if Grantee will not continue performance under this Contract within thirty days of receipt of an amended standard(s) or guideline(s). DSHS may terminate this Contract immediately or within a reasonable period of time as determined by DSHS. P. This Contract is authorized by and in compliance with the provisions of Texas Government Code Page 3 of 12 Chapter 791 or 771, as applicable. I. PERFORMANCE MEASURES The System Agency will monitor the Grantee's performance of the requirements in this statement of work and compliance with the Contract's terms and conditions. II. INVOICE AND PAYMENT A. Grantee will request monthly payments using the State of Texas Purchase Voucher (Form B-13) at http:ffwww.dshs.state.tx.us/grants/forms.shtm. Voucher and any supporting documentation will be mailed or submitted by fax or electronic mail to the address/number below. Department of State Health Services Claims Processing Unit, MC 1940 1100 West 49th Street P.O. Box 149347 Austin, TX 78714-9347 FAX: (512) 458-7442 EMAIL: invoices@dshs.state.tx.us B-13: invoices@dshs.state.tx.us & Php.vouchersupport@dshs.state.tx.us Support Document: invoices@dshs.state.tx.us & Php.vouchersupport@dshs.state.tx.us FSR: invoices@dshs.state.tx.us & Php.vouchersupport@dshs.state.tx.us & FSRGrants@dshs.state.tx.us B. Grantee will be paid on a monthly basis and in accordance with the Budget attached to this Contract. C. DSHS reserves the right, where allowed by legal authority, to redirect funds in the event of financial shortfall. DSHS Program will monitor Grantee's expenditures on a quarterly basis. If expenditures are below that projected in Grantee's total contract amount, Grantee's award 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. D. Grantee will not exceed the total amount of this Contract without DSHS prior approval, which will be evidenced by the Parties executing a written amendment. Page 4 of 12 8. Service Area Calhoun County, Victoria County, Aransas County, Jim Wells County, Kleberg County, Live Oak County, Nueces County, Refugio County, San Patricio County Page 5 of 12 This section intentionally left blank. Page 6 of 12 10. Procurement method: Non -Competitive GST -2016 -Solicitation -00076 Interagency/Interlocal RLHS FY16 CPS/LRN-EBOLA NEW CONTRACT LHD 11. Renewals: Number of Renewals Remaining: 0 Date Renewals Expire: 06/30/2017 12. Payment Method: Cost Reimbursement 13. Source of Funds: 93.074 14. DUNS Number: 069457786 Page 7 of 12 15. Programmatic Reporting Requirements: Report Name Financial Status Report Financial Status Report Financial Status Report Financial Status Report Submission Instructions: Frequency Quarterly Quarterly Quarterly Final Period Begin 06/10/2016 09/0112016 12/01/2016 03/01/2017 Period End 08/31/2016 11/30/2016 02/2812017 06/3012017 Due Date 09/30/2016 12/30/2016 03/30/2017 08/15/2017 Contractors are required to provide specific information to have an acceptable e -signature. The name and title of the certifying official must be printed in the designated areas at the bottom of the FSR. The e-mail with the FSR attached must then be sent by the certifying official name as stated on that FSR. Anything else will not be accepted. FSR: invoices@dshs.state.tx.us & Php.vouchersupport@dshs.state.tx.us & FSRGrants@dshs.state.tx.us Page 8 of 12 16. Special Provisions The Parties agree to the following changes to DSHS FY 2016 General Provisions (Core/Subrecipient). Special Provisions A. General Provisions, Section 2.08(a), Applicability of General Provisions to Interagency and Interlocal Contracts, is deleted it in its entirety and replaced with the following language: a. The following sections or portions of sections of these General Provisions will not apply to interagency or interlocal contracts: L Hold Harmless and Indemnification, Section 14.17; ii. Independent Contractor, Section 13.05 (delete the third sentence in its entirety; delete the word "employees" in the fourth sentence; the remainder of the section applies); iii. Insurance, Section 14.22; iv. Liability Coverage, Section 25.03; v. Fidelity Bond, Section 25.02; vi. Historically Underutilized Businesses, Section 13.02 (Contractor, however, will comply with HUB requirements of other statutes and rules specifically applicable to that entity); vii. Debt to State and Corporate Status, Section 4.01; viii. Application of Payment Due, Section 4.02; and ix. Article XVI Claims against the Department (This Article is inapplicable to interagency contracts only). B. General Provisions, Article III. Services, Section 3.02 Disaster Services, is revised to add 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 Contract for response efforts. DSHS shall reimburse Contractor up to 5% of this Contract funded by Center for Disease Control and Prevention (CDC) for personnel costs responding to an emergency event. Contractor shall 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 shall notify the Assigned Contract Manager in writing when this provision is implemented. C. General Provisions, Payment Methods and Restrictions, Article V, Section 5.01 is revised to include the following: Contractor may request a one-time working capital advance not to exceed 12% of the total amount of the Contract funded by DSHS. All advances must be expended by the end of the contract term. Advances not expended by the end of the contract term must be refunded to DSHS. Contractors will repay all or part of advance funds at any time during the Contract's term. However, if the advance has not been repaid prior to the last three months of the Contract term, the contractor must deduct at least one-third of the remaining advance from each of the last three months' reimbursement requests. If the advance is not repaid prior to the last three months of the Contract term, DSHS will reduce the reimbursement request by one-third of the remaining balance of the advance. D. General Provisions, Final Invoice/Billing Submission, Section 5.03 is modified to provide that Contractor will submit final close-out bill or revisions to previous reimbursement request(s) no later than August 15, 2016. E. General Provisions, Access and Inspection Article X, Section 10.01 is revised to add the following: Page 9 of 12 In addition to the site visits authorized by this Article of the General Provisions, Contractor will allow DSHS to conduct on-site quality assurance reviews of Contractor. Contractor will comply with all DSHS documentation requests and on-site visits. Contractor will make available for review all documents related to the Contract, upon request by the DSHS Program staff. F. General Provisions, Program Equipment and Supplies Article XXII, Section 22.01, is revised as follows: All equipment and supplies must be received by Contractor no later than forty-five (45) calendar days following the end of the Contract term. Page 10 of 12 17. Documents Forming Contract. The Contract consists of the following: a. Contract (this document) 2016-004163-00 b. General Provisions 2016 General & Grant Subrecipient Additional Provisions (LHD) c. Attachments Budget d. Declarations e. Exhibits Certification Regarding Lobbying, Fiscal Federal Funding Accountability and Transparency Act (FFATA) Certification 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 Page 11 of 12 Budget Summary Organization Name: Corpus Christi-Nueces County Public Health District (City) Contract Number: 2016-004163-00 Budget Categories Program ID: CPS/LRN-EBOLA Budget Categories DSHS Funds Requested Cash Match In Kind Match Contributions Category Total Personnel $0.00 $0.00 $0.00 $0.00 Fringe Benefits $0.00 $0.00 $0.00 $0.00 Travel $0.00 $0.00 $0.00 $0.00 Equipment $144,211.00 $0.00 $0.00 $144,211.00 Supplies $3,935.00 $0.00 $0.00 $3,935.00 Contractual $0.00 $0.00 $0.00 $0.00 Other $51,854.00 $0.00 $0.00 $51,854.00 Total Direct Costs $200,000.00 $0.00 $0.00 $200,000.00 Indirect Costs $0.00 $0.00 $0.00 $0.00 Totals $200,000.00 $0.00 $0.00 $200,000.00 Page 12 of 12 blflLUlb Inteiiiurants 1 AUSI1 - Document rage -_ 'TEXAS Department of State Health Services My Home My Contracts My Invoices My Archives Document Information. RL D-11,00005, 7a!ai You are here: > Contracting Menu > forms Menu CERTIFICATION REGARDING LOBBYING Organization Name Corpus Christi-Nueces County Publir. Health District (City) Contract Number: 2016.004163.00 For contracts greater than 5100,000, th s attachment Is appl cable and must be signed as part of the contract agreement CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of Ns ar her knowledge and belief that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or an employee of any agency, a 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 Form -11. "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 than $10,000 and not more than $100,000 for each such failure. Applicable Non -Applicable Signature of Authorized Individual Navigation Links Date CHECK GLOBAL ERRORS Status Page Name Note Created By Last Modified By 121 Cr;rti"ic ,isnRL f)iflaL;;b ysri 12) Fiscal Federal Funding Accountability and Transparency Act IFFATAI Certification • Signature Page General Provisions (LHDt • Contract Print hHnc•Ilonrantc riche lavac rvw,lrlFvprlOa.+o7 acne s ,nlf1=1AG7�AR,nr,Alfl=7rv17r1 od4r2u i a Intemurants I Auort - uocument rage TEXAS fr Department of State Health Services My Home My Contracts My Invokes My Archives CHECK GLOBAL ERRORS Back Document Information ISL i :2 1r_•EE+_Li-Q• Q3 petal's You are here: > Contragtina Menu x• Forms Menu FISCAL FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) CERTIFICATION The certifications enumerated below represent material facts upon which DSHS rel'es when reporting information to the federal government required under federal law If the Department later determ.nes that the Contractor knowingly rendered an erroneous certification. DSHS may pursue all ava table 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 S gnor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances H 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 II cannot certify and why Organization Name Corpus Christi-Nueces County Public Health District (City) Address 1702 Horne Road City Corpus Christi State Texas Tip Code (9 dig t) 78416 Payee Name City of Corpus Christi Address PO BOX 9277 City Corpus Christi State TX Zip Code (9 digit) 78469-9277 vendor Identification No. 17460005741 MaIICode 027 Payee DUNS No " ± 069457786 1. Did your organization have a gross income, from all sources, of more than $300,000 in your previous tax year? ' Yes No Identify contact persons for FFATA Correspondence. ' FFATA Contact Person #1 Name° Email' Telephone" FFATA Contact Person #2 Name' Email' Telephone° As the authorized representative of the Organization, I hereby certify that the statements made by me in this certification form ere true, complete and correct to the best of my knowledge. E -Signature Navigation Links Date Status Page Name Note Created By Last Modified By Li ri t > tion R . elfin . L hHna'llanranle rtchc far= evvarthiertPnr.eg =nv7mmnirlaincatot airla7Sd a 1 r'S Fiscal Year 2016 Department of State Health Services Contract General Provisions ARTICLE I CONTRACT COMPONENTS 4 SECTION 1.01 CONTRACT COMPONENTS 4 SECTION 1.02 ORDER OF PRECEDENCE 4 ARTICLE II COMPLIANCE AND REPORTING 4 SECTION 2.01 COMPLIANCE 4 SECTION 2.02 PRECEDENCE OF CONTRACT TERMS 4 SECTION 2.03 EFFECT OF LEGISLATIVE CHANGES 4 SECTION 2.04 COMPLIANCE WITH REQUIREMENTS OF SOLICITATION DOC1i\IEIr"r 4 SECTION 2.05 REPORTING 4 SECTION 2.06 APPLICABLE CONTRACTS LAW AND VENUE FOR DISPUTES 4 SECTION 2.07 STATUTES AND STANDARDS OF GENERAL APPLICABILITY 4 SECTION 2.08 APPLICABILITY OF GENERAL PROVISIONS TO INTERAGENCT AND INTERLOCAL CONTRACTS 6 SECTION 2.09 CIVIL RIGHTS POLICY AND COMPLAINTS 7 SECTION 2.10 LICENSES, CERTIFICATIONS, PERMITS, REGISTRATIONS AND APPROVALS 7 SECTION 2.11 FUNDING OBLIGATION 7 SECTION 2.12 WHISTLEBLOWER ACT PROTECTION 7 ARTICLE II1 SERVICES 7 SECTION 3.01 EDUCATION TO PERSONS IN RESIDENTIAL FACILITIES 7 SECTION 3.02 DISASTER SERVICES 8 SECTION 3.03 CONSENT TO MEDICAL CARE OF A MINOR 8 SECTION 3.04 TELEMEDICINEITELEPSYCHIATRY MEDICAL SERVICES 8 SECTION 3.05 SERVICES AND INFORMATION FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY 9 ARTICLE IV FUNDING 9 SECTION 4.01 DEBT TO STATE AND CORPORATE STATUS 9 SECTION 4.02 APPLICATION OF PAYMENT DUE 9 ARTICLE V PAYMENT METHODS AND RESTRICTIONS 9 SECTION 5.01 PAYMENT METHODS 9 SECTION 5.02 INVOICE/BILLING SUB\IISSION 9 SECTION 5.03 FINAL INVOICE/BILLING SLB\IISSION 10 SECTION 5.04 THIRD PARTY PAYORS 10 ARTICLE VI TERMS AND CONDITIONS OF PAYMENT 10 SECTION 6.01 PROMIPTPAYMENT 10 SECTION 6.02 PAYMENT BY DEPARTMENT 10 SECTION 6.03 WITHHOLDING PAYMENTS 11 ARTICLE VII CONFIDENTIALITY 11 SECTION 7.01 MAINTENANCE OF CONFIDENTIALITY 11 SECTION 7.02 DEPARTMENT ACCESS TO PHI AND OTHER CONFIDENTIAL INFORMATION 11 SECTION 7.03 EXCHANGE OF CLIENT -IDENTIFYING INFORMATION 11 SECTION 7.04 SECURITY OF PATIENT OR CLIENT RECORDS 11 SECTION 7.05 HIV/AIDS MODEL WORKPLACE GUIDELINES 12 General Provisions (September 1, 2015) 1 ARTICLE VIII PUBLIC INFORMATION ACT 12 SECTION 8.01 TEXAS PUBLIC INFORMATION ACT 12 ARTICLE IX RECORDS RETENTION 12 SECTION 9.01 RETENTION 12 ARTICLE X ACCESS, INSPECTION AND AUDIT OF RECORDS 12 SECTION 10.01 ACCESS AND INSPECTION 13 SECTION 10.02 STATE AUDITOR'S OFFICE 13 SECTION 10.03 RESPONDING TO DEFICIENCIES 13 ARTICLE X1 REPORTING REQUIREMENTS 13 SECTION 11.01 CHILD ABUSE REPORTING REQUIREMENT 13 SECTION 11.02 SIGNIFICANT INCIDENTS 14 SECTION 11.03 LITIGATION 14 SECTION 11.04 CONTRACT OR LICENSE ACTION AGAINST THE CONTRACTOR 14 SECTION 11.05 INSOLVENCY 14 SECTION 11.06 PERFORMANCE MALFEASANCE 14 SECTION 11.07 CRIMINAL ACTIVITY AND DISCIPLINARY ACTION 15 SECTION 11.08 RETALIATION PROHIBITED 15 SECTION 11.09 DOCUMENTATION 15 ARTICLE XII ASSURANCES AND CERTIFICATIONS 15 SECTION 12.01 CERTIFICATION 15 SEcrioN 12.02 CHILD SUPPORTDELINQUENCIEs 16 SECTION 12.03 AUTHORIZAT1oN 16 SECTION 12.04 GIFTS AND BENEFITS PROHIBITED 16 SECTION 12.05 INELIGIBILITY TO RECEJVE THE CONTRACT 16 SECTION 12.06 ANTITRUST 17 ARTICLE XIII GENERAL BUSINESS OPERATIONS OF CONTRACTOR 17 SECTION 13.01 PROGRAM SITE 17 SECTION 13.02 HISTORICALLY UNDER1 TILIZED BUSINESSES (HUBS) 17 SECT1oN 13.03 Buy TEXAS 17 SECTION 13.04 STATUSOFSI;BCONTRACTORS 17 SECTION 13.05 INDEPENDENTCONTRACTOR 18 SECTION 13.06 TAX LIABILITY 18 SECTION 13.07 NOTICE OF ORGANIZATIONAL CHANGE 18 SECTION 13.08 No ENDORSEMENT 18 SECTION 13.09 E -VERIFY SYSTEM 18 ARTICLE XIV GENERAL TERMS 18 SECTION 14.01 ASSIGNMENT 18 SECTION 14.02 LOBBYINC 19 SECTION 14.03 CONFLICT OF INTEREST 19 SECTION 14.04 TRANSACTIONS BETWEEN RELATED PARTIES 20 SECTION 14.05 INTELLECTUAL PROPERTY 20 SECTION 14.06 OTHER INTANGIBLE PROPERTY 21 SECTION 14.07 SEVERABILITY AND AMBIGUITY 21 SECTION 14.08 LEGAL NOTICE 21 SECTION 14.09 SUCCESSORS 21 SECTION 14.10 SURVIVABILITY or TERMS 21 General Provisions (September 1, 2015) 2 SECTION 14.11 SECTION 14.12 SECTION 14.13 SEc rIoN 14.14 SECTION 14.15 SECTION 14.16 SECTION 14.17 SECTION 14.18 SECTION 14.19 SECTION 14.20 SECTION 14.21 SECTION 14.22 ARTICLE XV SECTION 15.01 SECTION 15.02 SECTION 15.03 SECTION 15.04 ARTICLE XVI SECTION 16.01 SECTION 16.02 SECTION 16.03 ARTICLE XVII SECTION 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 SECrIoN 19.05 CUSTONIER SERVICE INFORMATION 21 AMENDMENT 21 CONTRACTOR'S NOTIFICATION or CHANGE OF CONTACT PERsoN OR KEY PERSONNEL 21 UNILATERAL AMENDMENT 21 INTERIM EXTENSION AMENDMENT 22 IMMUNITY NOT WAIVED 22 HOLD HARMLESS AND INDEMNIFICATION 22 WAIVER 22 ELECTRONIC AND INFORMATION RESOURCES ACCESSIBILITY AND SECURITY STANDARDS 22 FORCE MAJEURE 24 COOPERATION AND COMMUNICATION 24 INSURANCE 24 BREACH OF CONTRACT AND REMEDIES FOR NON-COMPLIANCE 25 ACTIONS CONSTITUTING 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 27 EXPIRATION OF CONTRACTOR PROGRAM ATTACHMENTS 27 EFFECT OFTERMINATION OR EXPIRATION 27 TERMINATION OR TEMPORARY SUSPENSION WITHOUT CAUSE 27 I,MMEDIATETERMINATION 28 TERMINATION FOR CAUSE 28 NOTICE OF TERMINATION 28 VOID, SUSPENDED AND TERMINATED CONTRACTS 28 VOID CONTRACTS 28 EFFECT OF VOID, SUSPENDED, OR INVOLUNTARILY TERMINATED CONTRACT 28 APPEALS RIGHTS FOR DSHS FUNDED BLOCK GRANTS 28 CLOSEOUT 28 CESSATION OF SERVICES AT CLOSEOUT 28 ADMINISTRATIVE OFFSET 29 DEADLINE FOR CLOSEOUT 29 PAYMENT OF REFUNDS 29 DISALLOWANCES AND ADJUSTMENTS 29 General Provisions (September 1, 2015) 3 ARTICLE I 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 the 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 imposes a higher standard or additional requirements beyond those required by applicable statutes, regulations, rules or executive orders, 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 the contract include in its contracts that are a result of legislation during the term of this Contract. Section 2.04 Compliance with Requirements of Solicitation Document. If applicable and except as specified in these General Provisions or the 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 the 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 the 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 1, 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 et 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 (b)(1); 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 §§ 1 101 et seq., relating to drug abuse; 12. Public Health Service Act of I912, §§ 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 et 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 Lawl 13-4 (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 §§ 4321-4347 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 Appendix A of the federal Office of Program Management's Standards for a Merit System of Personnel Administration, 5 CFR Part1200 et seq; 0. Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of, 42 USC §§4601 et seq (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 et seq.) 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 Code 771) or Interlocal Cooperation Contracts (Texas Government Code 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: 1. 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 (MSC) 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. 515` Street, Mail Code W206 Austin, Texas 78751 (888) 388-6332 or 512-438-4313 TTY Toll-free (877) 432-7232 HHSCivil Ri ehtsOffice'u'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 business 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 (See Section 2.07(v)) protections to grantees, their subgrantees 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 are 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; e. 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 the 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 under this Contract, either directly or through contracts with subcontractors, Contractor shall not provide treatment of a 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 the 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 Telemedicine/Telepsychiatry Medical Services. If applicable, the Contractor shall ensure that if Contractor or its subcontractor uses tclemedicineitelepsychiatry that the services are 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_telemedicinc 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; e. Use by credentialed licensed providers providing clinical care within the scope of their licenses; II 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) 8 i. Management of information and documentation for telemedicine services that ensures timely access to accurate information between the two sites. Telemedicine Medical Services does 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 languageadialect 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 the 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, ifa 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 exempt 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 the 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 the 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, the 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 (Sec Section 5.04 below), Contractor shall submit requests for payment monthly by the last business day of the month following the end of the month covered by the bill. c. Contractor shall maintain all documentation that substantiates billing submissions and make the documentation available to DSHS upon request. Section 5.03 Final InvoiceBilling 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 eligible for reimbursement from third party payors, who are any person or entity who has the legal responsibility for paying for all or part of the services provided, including commercial health or liability insurance carriers, 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 the covered services; b. Provide assistance to individuals to enroll in such programs when the screening process indicates possible eligibility for such programs; c. Allow clients that are otherwise eligible for Department services, but cannot pay a deductible required by a third party payor, to receive services up to the amount of the deductible and to bill the Department for the deductible; d. Not bill the Department for any services eligible for third party reimbursement until all appeals to third party payors have been exhausted; c. 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 are 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.lor 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 the 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 Code 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 othcr 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 the 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 receive PHI and other 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(e)(3)(i)(l3), Texas Health and Safety Code § 533.009 and 25 TAC Chapter 414, Subchapter A or any othcr 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 Code § 614.017(c) upon request of that agency, unless Contractor documents that the 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 are 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 the 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 11 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-funded 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 §§ 85.112-1 14. A link to the Model Workplace Guidelines can be found at: http:lwww.dshs.state.tx.us/hivstd/policy/policics.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). If the Contractor is not a state agency, institution of higher education or other governmental entity, then 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 are 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 arc 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 are 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. e. 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 are 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 the 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 are 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 the 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 information 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 the SAO. Contractor understands that the acceptance of funds under this Contract acts as acceptance of thc 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 disburscd 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 thc 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 (See Article XV). ARTICLE XI REPORTING REQUIREMENTS Section 11.01 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 (HIV/STD); b. Family Planning; c. Primary Health Care; d. Maternal and Child Health; and e. 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 the 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.usichildabusereporting 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 does 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 the 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 department or agency or entity; c. Date of the contract; d. Date of suspension or termination; and e. Contract or case reference number. If Contractor has surrendered its license or has had its license suspended or revoked by any local, state or federal department or agency or non-profit entity, it shall disclose this information within three working days of the surrender, 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 the 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 report 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:,'?sao.fraud.state.tx.us, and to the HHS Office of Inspector General at http;,'`/www.oig.hhs.govifraud/hotlinci_no later than three working days from the 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 the contract manager assigned to the Contract, no later than three working days from the date that Contractor has knowledge or reason to believe such activity has taken place, if it has reason to believe Contractor, or a person with ownership or controlling interest in the organization or who is an agent or managing employee of the organization, an employee or volunteer of Contractor, or a subcontractor providing services under this Contract has engaged in any activity that: 1. 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 been 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, are 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 (parts A-1), 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; e. 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 employee 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, state 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°0 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 Code § 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 arc inaccurate. Section 12.06 Antitrust. Pursuant to 15 USC Sec. 1, et seq., and Texas Business & Commerce Code § 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 are in compliance with all applicable local, state and federal zoning, building, health, 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:/iwwvv.window.state.tx.us/ rocureent/o mrogthub. 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 15'h 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 Code § 2155.4441. Section 13.04 Status of Subcontractors. Contractor shall require that all subcontractors certify that they General Provisions (September 1, 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; c. Not ineligible under 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 they 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 the State of Texas. Section 13.06 Tax Liability. Contractor shall comply with all state and federal tax laws and is solely responsible for filing all 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, the 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 the 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, the 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 the 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 the information contained in any declaration, certification, or disclosure previously filed. Contractor shall require any person who requests or receives a subcontract to file the same declaration, certification, and disclosure with the contract manager assigned to the 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 member of thc 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 the 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 either to significantly influence or direct the 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 under this Contract. Contractor shall comply with Texas Government Code 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 the 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. d. If federal funds are 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 use, 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. 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 e. If the results of the contract performance are 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 $500 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 the 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 the 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 interim 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. e. An interim extension under Section (b)(l) above shall extend the term of the contract not longer than 30 days after governor's disaster declaration is declared unless the Parties agree to a shorter period of time. f. An interim 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 (E1R) requirements apply to the Contract because the Contractor performs services that include EIR that DSHS employees arc 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 EIR in the performance of the Agreement, unless the Parties agree that the EIR will become property of the State of Texas or will be 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 after the award of a contract. Testing and monitoring may include user acceptance testing. Neither the review, 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. 2. 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: i. As of the Effective Date of the Contract, the Products and associated documentation and technical support comply with thc Accessibility Standards as they exist at the time of entering thc Agreement, unless and to the extent thc Parties otherwise expressly agree in writing; and General Provisions (September 1, 2015) 23 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 after 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. 2. 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 arc 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 Code § 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 due 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 majeure 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 the 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 the 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; e. 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 impose or recommend imposition of remedies or sanctions to Department for any breach of this Contract. The Department may impose one 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 terms of this Contract, including but not limited to compliance with applicable statutes, rules or regulations, the Department may take one 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; e. 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 are 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 are in contraindication to continued obligations under this Contract, as reasonably determined by DSHS; 1. Withhold any payment to Contractor to satisfy any recoupment 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 o. 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 recoupment, 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 are 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 recoupment 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 is 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 16.01 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 §§4.11-4.24 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 Parties 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 are 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 the occurrence of an event nor the pendency of a notice of claim fled 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 the 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 safc 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 the 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 Terms 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 nonterminating 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 services 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 its 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 owed 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 after 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 finally determined to be entitled under the terms of this Contract constitute a debt to the Department and shall result in a refund due, which Contractor shall pay within the 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) 2� 2016 FEDERAL GRANT SUBRECIPIENT ADDITIONAL PROVISIONS ARTICLE XX DSHS GENERAL PROVISIONS ,,,,,,, ..„31 ARTICLE XXI PROGRAM OPERATIONS 31 Section 21.01 Client Financial Eligibility 31 Section 21.02 Contracts with Subrecipient and Vendor Subcontractors. , ,,, .... ..... „ .... . ....... 31 Section 21.03 Incorporation of Terms in Subrecipient Subcontracts 31 Section 21.04 Quality Management " A 32 Section 21.05 Contractor's Notification of Change to Certain Contract Provisions. 32 Section 21.06 Responsibilities and Restrictions Concerning Governing Body, Officers and Employees. „ 32 Section 21.07 Direct Operation. 33 ARTICLE XXII PROGRAM EQUIPMENT AND SUPPLIES ..33 Section 22.01 Equipment. ... .......... „.33 Section 22.02 Equipment List. 33 Section 22.03 Supplies. 34 Section 22.04 Property Inventory and Protection of Assets. 34 Section 22.05 Assets as Collateral Prohibited. 1.1..e,mi4 F. . ... .., .... „.....34 ARTICLE XXIII PROGRAM FUNDS AND PAYMENTS 34 Section 23.01 Use of Funds . .... . 1 . 9.I. il. i F if i F i .... ... 34 Section 23.02 Use for Match Prohibited 34 Section 23.03 Program Income. ... .. 35 Section 23.04 Nonsupplanting 35 Section 23.05 Payment Methods 35 Section 23.06 Financial Status Reports (FSRs). 35 Section 23.07 Working Capital Advance. 35 Section 23.011 Condition Precedent to Requesting Payment. 36 Section 23.09 Management and Control Systems. 36 Section 23.10 Effect of Grant Close Out. 36 General Provisions (September 1, 2015) 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 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. 40 Section 26.02 Bankruptcy. ,..40 Section 26.03 Title to Property. 41 Section 26.04 Disposition of 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 subrecipient subcontractors unless restricted or othenvise prohibited in the Contract or Program Attachment(s). b. Prior to entering into a subrecipient agreement equaling or exceeding $100,000, Contractor shall obtain written 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 records that must be available for inspection by DSHS. c. Contractor shall ensure that subcontractors are fully aware of the requirements placed upon them by state/federal statutcs, 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 Numbcr (VIN) or Employee Identification Number (E1N); 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 the 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 subrecipient subcontracts, without modification (except as required to make applicable to the subcontractor): 1. Assurances and Certifications in Article XII of the 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 subrecipient 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 are 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 the 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 written amendment or the Department's prior approval: a. Cumulative budget transfers that do not exceed 25°o among direct cost categories, other than the equipment category, of less than $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 the change, provided that in changing the budget, Contractor is not supplanting DSHS funds. Contractor within ten calendar days shall notify in writing the 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 Chapter 573) to thc member of the governing body or thc officer or any employee authorized to employ or supervise such person. This prohibition does not prohibit the continued employment of a person who has been continuously employed for a period of two years prior to the election, appointment or employment of the 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 the Department's discretion, the Department may temporarily assume 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 55,000 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 thc 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 the 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 1, 2015) 33 unapproved equipment. If approved, Department will acknowledge its approval by means of a written amendment. Section 22.03 Supplies. a. Supplies are 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 equipment above. b. Tangible personal property includes controlled assets, including firearms, regardless of the acquisition cost, and the following assets with an acquisition cost of $500 or more, but less than $5,000, which includes desktop and laptop computers (including notebooks, tablets and similar devices), non-portable printers and copiers, emergency management equipment, communication devices and systems, medical and laboratory equipment, and media equipment are 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 equipment 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 15h of each year. The report is located on the DSHS website at: http:r'+www.dshs.state.tx.usecontractsiforms.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 under 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 earned 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 term and may not carry forward to any succeeding term. Contractor shall refund program income not expended in the term in which it is earned to DSHS. e. DSHS may base 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 the 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 the General Provisions is replaced with the 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 Attachment(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, ifa contract has a categorical budget, Contractor shall submit quarterly FSRs to Accounts Payable by the last business day of the 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 timed as closely as possible to actual cash requirements. Contractor Subrecipient General Provisions (September 1, 2015) 35 shall establish procedures to minimize the time elapsing between the transfer of funds from DSHS to Contractor, and shall ensure 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 earned 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 ensure 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 the development of budgets that adequately reflect all functions and resources necessary to carry out authorized activities and the adequate determination of costs; 2. Financial management systems that include accurate accounting records that are 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 traceable from the 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 alI 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 are 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. e. 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 date(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) 0M13 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-110 (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-1 10 (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://www.dshs.state.tx.us/contracts/links.shtm_ 0M13 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: coscap;dshs.state.tx.us no later 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 e. 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 5750,000 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 $500,000 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 (OIG) 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 independent certified public accountant and in accordance with applicable 0M13 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 of Audit. Within thirty (30) calendar days of receipt 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 Compliance/Audit, Mail Code 1326 P.O. Box 85200 Austin, Texas 78708-5200 Electronic submission to DSHS should be addressed as follows: COSContractAdministrationudshs.statc.tx.us Electronic submission to HHSC should be addressed as follows: Queenah.Teamah a,hhsc.state.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 receipt 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 repair 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 1, 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 $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, an&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 the 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 governing authority over Contractor's organization (collectively "responsible persons"). This section applies to entities that are organized as non-profit corporations under the Texas Non -Profit Corporation Act; for-profit corporations organized under the 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, the 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 under this Contract. Section 26.02 Bankruptcy. In the 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, title to any remaining equipment and supplies purchased with funds under this Contract reverts to Department. Tide 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 the 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 equipment that requires licensure or registration or that has an acquisition cost equal to or greater than $5,000) will be controlled by the requirements of UGMS. c. If, prior to the end of the useful life, any item of equipment 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. Aftcr an item reaches the end of its useful life, Contractor shall ensure that disposition of any equipment 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 equipment purchased with Department funds and request disposition instructions for such equipment. All equipment 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 the 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), Tex. 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:l/www.dshs.state.tx.uslcontractsllinks.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 the U.S. Health and Human Services Grants Policy Statement, both of which may be located through web links on the DSHS website at bttp;Jlwww,dskis,stotc,tx,u ?conkracks links.shtm, For contracts funded by block grants, Contractor shall comply with Tex. Gov. Code Chapter 2105. Subrecipient General Provisions (September 1, 2015) 42 AGENDA MEMORANDUM First Reading Item for the City Council Meeting of August 16, 2016 Second Reading Item for the City Council Meeting of August 23, 2016 DATE: August 2, 2016 TO: Margie C. Rose, City Manager FROM: Stacie Talbert Anaya, Interim Director Staciet@cctexas.com 361-826-3460 Approve sale of parkland CAPTION: Ordinance approving the sale of Penn Place Park (4302 Aaron) to Apostolic Assembly of the Faith in Christ Jesus for $100,000 and authorizing the City Manager to execute documents necessary to complete the real estate sales transaction. 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. The list price for this park was originally $120,000, however, this is the highest cash offer the department has received for the property. 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. In addition, any zoning changes should be handled by the developer/purchaser on an individual basis. 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 Penn Place Park Ordinance approving the sale of Penn Place Park (4302 Aaron) to Apostolic Assembly of the Faith in Christ Jesus for $100,000 and authorizing the City Manager to execute documents necessary to complete the real estate sales transaction 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 sale of surplus park property is hereby approved: a) Penn Park located at 4302 Aaron to Apostolic Assembly of the Faith in Christ Jesus in the amount of $100,000. 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 , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor TEXAS ASSOCIATION OFREALTORS' COMMERCIAL CONTRACT - UNIMPROVED PROPERTY USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REA.TORSB IS NOT AUTHORIZED. ®Taxas A-soc€at€on of REM -TORSO, Ine, 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: Apostolic Assembly of the Faith in Christ Jesus Address: 10807 Laurel Street, Rancho Cucamonga, CA 91730 Phone: 909-987-3013 E-mail: tarroyocapostolicnet,org Fax: Other: 2. PROPERTY: A. "Property" means that real property situated in Nueces County, Texas at 4302 Aaron, CC TX Penn Park (address) and that is legally described on the attached Exhibit or as follows: A tract of land located at 4302 Aaron known as Penn Park being legally described as Penn Place Subdivision, Lot 25, Block 1, Corpus Christi, Nueces County, Texas with any and ail improvements contained thereon. NCAD Tax ID # 6567-0001-0250 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 in any minerals, utilities, adjacent streets, alleys, strips, gores, and rights of way; (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 for Identification by Seller and Buyer 100,000.00 0,00 100,000.00 Page 1 of 13 Computer gerAraled using AAVContra t 7 ^r, from Autofteasy. LLC. 1060 W. Pipeline, Sute 101. Furst, Tx 76053. (800} 322-1178 City of CC - Farm Park - 042816.ms-1 F0r1e3 9 28:36 AM 7122,2015 Commercial Contract - Unimproved Property concerning 4302 Aaron, CC TX Penn Park B. Adjustment 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 $ NIA per: ❑ (i) square foot of ❑ total area ❑ net area. ❑ (ii) acre of ❑ total area ❑ net area. (b) "Total area" means all land area within the perimeter boundaries of the Property. "Net area" means total area Toss 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/A (c) If the sales price is adjusted by more than NIA% 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 Tess 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 $ NIA . This contract: ❑ (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), Beuy$er will assume the existing promissory note secured by the Property, which balance at closing will b ❑ 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 $ 1,000.00 as earnest money with Stewart Title Company (title company) at 402 Peoples St., #2B, Corpus Christi, TX 78401(address) Ginny Price (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 Buyor 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) NIA days after Buyer's right to terminate under Paragraph 7B expires; or ❑ (ii) NIA 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 Initiated for Identification by Seller and Buyer Page 2 of 13 CorrNer generated using AuloCortract 7 ^', from kanttesty. LLC. 1060 W. P:reh e, Site 109, Kest, DI 79053. (800) 3224178 CRy 6I CC • Penn Pa rc-042818. asmi Printed. 9.28 38 A817(2212016 Commercial Contract - Unimproved Property concerning 4302 Aaron, CC TX Penn 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 furnish 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: (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 0.00 (insert amount) of the cost of the survey at closing, if closing occurs. U (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. U (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, Seiler, 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 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, (TAR -1802) 1-1-16 Initiated for Identification by Seller and Buyer Page 3 of 13 Computer gerzraled tsia9 AutoCorrtract 7 "' from ktoRearty. LLC, 1060 W. Reel ne, Suite 101, Hurst, TX 76053,1603)322-1179 CRy of CC- Penn Park -042816.a..i Prirrted 9.28.39A' 78712016 Commercial Contract - Unimproved Property concerning 4302 Aaron, CC TX Penn 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 IS WHERE is condition with any and all faults. See Exhibit B. 13. Feasibility Period: Buyer may terminate this contract for any reason within so days after the effective date (feasibility period) by providing Seller written notice of termination. (Check only one box.) i (i) If Buyer terminates under this Paragraph 7B, the earnest money will be refunded to Buyer less $ 50.00 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 7B(1) or if Buyer fails to deposit the earnest money, Buyer will not have the right to terminate under this Paragraph 713. © (2) Not later than 3 days after the effective date, Buyer must pay Seller $ NIA 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 7'L Page 4 of 13 Canputer generated us?rg ALtoCordract 7 "', from Auto4ead f. LLC. 1060 W. PVei ne, SNte 10 f, Hurst TX 76053. (800= 322-1178 City 01 CC - Penn Par9 - 042816.a. rrt P6r1ed 9 28.34 928 7/22/2016 Commercial Contract - Unimproved Property concerning 4302 Aaron, CC TX Penn 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.) LI 10 days after the effective date, Seller will deliver to madc on or relating to the PropeftyL; (e) plats of the Property; and (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.) ❑ (a) return to Seller all those items described in Paragraph 70(1) that Seller delivered to Buyer in other than an electronic format and all copies that Buyer made of those items; x (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 70(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 .�' Page 5 of 13 Corn er generated using FVoContrad 7 ^', from FuroReaty, LLC. 1060 W. Plpe1ne, Suite 101. Hurst, TX 76053. (600) 322-1178 Crty o1 CC • Penn Park -042816.e rN Primed. 9 28.39 AM 7222016 Commercial Contract - Unimproved Property concerning 4302 Aaron, CC TX Penn 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. B. Estoppel Certificates: Within days after tho effoctivo date, Seller will deliver to Buyer estoppel of TAR Form 1938 Commercial Tenant Estoppel Certificate and any additienal information requested by a third party lender providing financing under Paragraph 1 if the third party lender requests such 9. BROKERS: A. The brokers to this sale are: Principal Broker:The Clower Company Agent:George B. Clower Address: P.O. Box 2525 Cooperating Broker: N/A Agent: N/A Address: N/A Corpus Christi, Texas 78403 NIA Phone & Fax:381-880-4111 361-880-4118 Phone & Fax: NIA N/A E-mail: austin@allenreadvi — E-mail: NIA License No.:428055 License No.:N/A Principal Broker: (Check only one box) Cooperating Broker represents Buyer. ¥ represents Seller only. ❑ represents Buyer only. ❑ 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. t4 (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 ❑ NIA 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. Tho 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 Corrpdet generated using dvrtoCor4ract 7 "', from AutoReay. LIC, 1660 W. Prpe9ne. Sute 101, Hurst, TX 76057, X8001 722-1178 City of CC - Penn Panic- 042816. axr1C Printed. 4 28 40 AM 70272016 Commercial Contract - Unimproved Property concerning 4302 Aaron, CC TX Penn Park 10. CLOSING: A. The date of the closing of the sale (closing date) will be on or before the later of: (1) fifteen (95) days after the expiration of the feasibility period. ❑ NM (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 closing, Seller will execute and deliver, at Seller's expense, a ❑ general 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: (1) 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 tenant's 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 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 Computer gerotated us{ng f,utoCoutrael 7 ", from! iaReety. LLC. 10,51:1W. Papel ne, Suite SDI, Hurst, TX 76853.1330j 322-1178 Coy of CC -Penn Park - 042816 awl Peered. 9 28.40 AM 7722/2210 Commercial Contract - unimproved Property concerning 4302 Aaron, CC TX Penn Park 12. SPECIAL PROVISIONS: The following special provisions apply and will control in the event of a conflict with other provisions of this contract. (1f special provisions are contained in an Addendum, identify the Addendum here and reference the Addendum in Paragraph 22a) 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 Initlaled for identification by Beller and Buyer Page 8 of 13 C Computer generated using AtiOContrad 7 "•, From AntoRea2y. LLC, 1060 W- Pipeane. Sute 101, Must. TX 76053, (800)122.4178 City of CC - Pern Park - 042616. axr4 Prirted 9 28.41 AM 7t22/20I6 Commercial Contract - Unimproved Property concerning 4302 Aaron, CC TX Penn 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 earnest 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) LI 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, loss any independent consideration under Paragraph 7B(1), as liquidated damages and as Buyer's sole remedy; OP 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 Buyer Page 9 of 13 Computer generated tying lwloC, nt,act 7 TM, from AutaRealty, LLC, 1060 W. Fpefrz, Sate 101, Hurst, TX 75053, (800( 322-1170 Cly o1 CC - Penn Parir-042816. ear/ Printed 9 28,41 AM 7/22/2016 Commercial Contract - Unimproved Property concerning 4302 Aaron, CC TX Penn 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: (1) damages; (ii) the earnest money; (iii) reasonable attorney's fees; and (iv) all costs of suit. G. 0 Seller ❑ 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. Ail 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. 10. MATERIAL FACTS: To the best of Seller's knowledge and belief: (Check only one box.) 0 0 B. Except as otherwise provided in this, contract, Seller is not aware of: (1) any subsurface: structures, pits, waste, springs, or improvement,-; (2) any pending or threatened litigation, condemnation, or assessment affecting the Property; (1) (5) whcthcr the Property is or has been used for the storage or disposal of hazardous materials or • whcthcr radon, asbestos containing materials, urea formaldehyde foam insulation, lead bused (0) any contemplated material changes to the Property or surrounding arca that would materially and 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. © 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 and Buyer Page 10 of 13 Campine; generated w=.ng AUtoCordrad 7 ^'. rrornA,4oRea.y, LIG, 1060 W. P:Fe dne. Suie 101, Hurst, TX 76053, (800) 322.1178 City (ACC - Penn Park - 042816 a*nd Printed 9.28:42 MA 7122!2018 Commercial Contract - Unimproved Property concerning 4302 Aaron, CC TX Penn 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.) • (1) Property Description Exhibit identified in Paragraph 2; ❑ (2) Commercial Contract Financing Addendum (TAR 1931); ❑ (3) Commercial Property Condition Statement (TAR 1408); a ❑ (6) • (8) • (9) Addondum for Coactal Aroa Property (TAR 1015); Addendum for Property Located Seaward of the Gulf Intracoactal Waterway (TAR 1016); Information About Brokerage Services (TAR -2501); and See Attached Addendum to Contract and Exhibit B. (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 )0 may U 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 §13257, 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 Seiler and Buyer Compute[ generated using PieoCortract 7 from AutoReaky, LLC, 1060 W. Pipelne, Sete 101, l . ,t. TX 76653. (8001322-1176 Page 11 of 13 City of CC - Per. Park - 042618. arms Printed 9.28.42 AM 7/22/2016 Commercial Contract - Unimproved Property concerning 4302 Aaron, CC TX Penn 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 Aug. 16th, 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: Apostolic Assembly of the Faith in Christ Jesus By: By: By (signature): By (signature): Printed Name: Printed Narver (�' Ser 6 a zed Title: Title: By (signature): :y (signatu Printed Name: Printed Name: 'CV ' Title: Title: /r,�,s,��c \c•S 4,10,- By: By: (TAR -1802) 1-1-16 Corrauter gererated wing AutoContract 7 7., from 414°Realty, LLC. 1068W. Pipelne, Stile 101. Hurst. TX 76453. 16741322-1178 Page 12 of 13 Cly of CC -Per, Park -642816. ami Printed 9.28.41 AM 7722/2016 Commercial Contract - Unimproved Property concerning AGREEMENT BETWEEN BROKERS (use only if Paragraph 98(1) is effective) Principal Broker agrees to pay N/A (Cooperating Broker) a fee when the Principal Broker's fee is received. The fee to be paid to Cooperating Broker will be: ❑ $NIA ,or ❑ N/A % of the sales price, or ❑ N/A % 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: N/A Cooperating Broker: N/A By: By: ATTORNEYS Seller's attorney: 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 attorney requests copies of documents, notices, and other information: Cl 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 $ imam in the form of Title company: Stewart Title Company on Address: 402 Peoples St., #2B, Corpus Christi, TX 78401 By: Phone & Fax: Assigned file number (GF#): E-mail: (TAR -1802) 1-1-16 Comp..ter generated wing PuoCoraract 7 T.. Stoat Ruta.Rea1 , LLC, 1060 W- Ptpeix, Stile 101. Harst, TX 76053.18901322-1178 Page 13 of 13 Cly of CC - Penn Park - 042618..3.,1 Flirted 9.28.43 A.1 7/22/2016 EXHIBIT A Penn Park — 4302 Aaron Dr. Corpus Christi, Texas 016Goaglc' Imagery Date 11/22/201 7?41 21 (19":F1 97 24'52 7[i W elev 27 ft, Penn Place Subdivision, Block 1, Lot 25, Corpus Christi, Nueces County, Texas NCAD Tax ID #6567-0001-0250 THE CLOWER CO. Realtors Commercial & Industrial Brokerage P.0. Rex 2525 Corpus Christi, Texas 713403-2525 (3611080-41 11 office ADDENDUM to UNIMPROVED COMMERCIAL CONTRACT - UNIMPROVED PROPERTY between THE CITY OF CORPUS CHRISTI ("SELLER") and APOSTOLIC ASSEMBLY OF THE FAITH IN CHRIST JESUS ("BUYER") 1, This contract is contingent upon final approval from the Corpus Christi City Council. 2, Buyer acknowledges that the subject property is being sold in its AS IS WHERE 1S 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. 6. 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." 7. This contract is contingent upon Buyer receiving a resolution approving the purchase of the said property from the Development Committee (National Approval for Purchase) during the Feasibility Period. If Buyer does not receive the necessary resolution, then the Buyer may elect to terminate this contract prior to the expiration of the Feasibility Period. Seller's Initial's , Buyer's Initial's ac 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's FOR SALE PENN PLACE PARK 4302 Aaron, Corpus Christi, D( THE GLOWER CO. Brokerage • Management • Development CITY OF CORPUS CHRISTI - SURPLUS PARK LAND PROPERTY INFORMATION LAND: 1.68+ Acs. or 73,180 ft2 LEGAL: Penn Place Sub. Lot 25 Blk 1 TAX ID#: 6567-0001-0250 ZONED: RS -4.5 (Single Family 4.5) UTIILITIES: All Available PLATTED: Yes SALES PRICE: $120,000.00 4, C15 Gnegle Y.,' .5 Imagery Date: 11122;20L4 27791'21.09" N 9.729'52.70 THE GLOWER CO. Realtors Commercial & Industrial Brokerage P.D. Box 2525 Corpus Christi, Texas 78403-2525 (3611880-4111 office Further Information Contact: GEORGE B. CLOWER 361.880.4111 work 361.688.9542 cell gbclower@aol.com Corpus Christi • McAllen • Brownsville • Laredo • Victoria • Harlingen PLAT MAP 1.67+ Acres I Penn Place Park I Corpus Christi, Texas 0 M t0 115' PENN PLACE PARK AARON DR. ELLIOTT 6RAMT RIIOOLII SCHOOL THE CLOWER CO. Realtors Commercial & Industrial Brokerage P.U. Box 2525 Corpus Christ., Texas 70403-2525 [36118W-4111 office ZONING MAP 1.67+ Acres I Penn Place Park I Corpus Christi, Texas THE CLOWER CO. Realtors Commercial 5. Industrial Brokerage P.O Box 2525 Corpus Christi. Texas 78403.2525 1361188D-4111 office O Approved by the Texas Real Estate Commission for Voluntary Use J\THE GLOWER CO. Brokerage • Development • Management Texas law requires all Real Estate License to give the following information about brokerage services to prospective Buyers, Tenants, Sellers and Landlords. Information About Brokerage Services Before working with a real estate broker, you should know that the duties of a broker depend on whom the broker represents. If you are a prospective seller or landlord (owner) or a prospective buyer or tenant (buyer), you should know that the broker who lists the property for sale or lease is the owner's agent. A broker who acts as a subagent represents the owner in cooperation with the listing broker. A broker who acts as a buyer's agent represents the buyer. A broker may act as an intermediary between the parties if the parties consent in writing. A broker can assist you in locating a property, preparing a contract or lease, or obtaining financing without representing you. A broker is obligated by law to treat you honestly. IF THE BROKER REPRESENTS THE OWNER: The broker becomes the owner's agent by entering into an agreement with the owner, usually through a written listing agreement or by agreeing to act as a subagent by accepting an offer of subagency from the listing broker. A subagent may work in a different real estate office. A listing broker or subagent can assist the buyer but does not represent the buyer and must place the interests of the owner first. The buyer should not tell the owner's agent anything the buyer would not want the owner to know because an owner's agent must disclose to the owner any material information known to the agent. IF THE BROKER REPRESENTS THE BUYER: The broker becomes the buyer's agent by entering into an agreement to represent the buyer, usually through a written buyer representation agreement. A buyer's agent can assist the owner but does not represent the owner and must place the interests of the buyer first. The owner should not tell a buyer's agent anything the owner would not want the buyer to know because a buyer's agent must disclose to the buyer any material information known to the agent. IF THE BROKER ACTS AS AN INTERMEDIARY: A broker may act as an intermediary between the parties if the broker complies with The Texas Real Estate License Act. The broker must obtain the written consent of each party to the transaction to act as an intermediary. The written consent must state who will pay the broker and, in conspicuous bold or underlined print, set forth the broker's obligations as an intermediary. The broker is required to treat each party honestly and fairly and to comply with The Texas Real Estate License Act. A broker who acts as an intermediary in a transaction: (1) shall treat all parties honestly; (2) may not disclose that the owner will accept a price less than the asking price unless authorized in writing to do so by the owner; (3) may not disclose that the buyer will pay a price greater than the price submitted in a written offer unless authorized in writing to do so by the buyer; and (4) may not disclose any confidential information any information that a party specifically instructs broker in writing not to disclose unless authorized writing to disclose the information or required to do or the in so by The Texas Real Estate License Act or a court order or if the information materially relates to the condition of the property. With the parties' consent, a broker acting as an intermediary between the parties may appoint a person who is licensed under The Texas Real Estate License Act and associated with the broker to communicate with and carry out instruction of one party and another person who is licensed under the Act and associated with the broker to communicate with and carry out instruction of the other party. If you choose to have a broker represent you, you should enter into a written agreement with the broker that clearly establishes the broker's obligations and your obligations. The agreement should state how and by whom the broker will be paid. You have the right to choose the type of representation, if any, you wish to receive. Your payment of a fee to a broker does not necessarily establish that the broker represents you. If you have any questions regarding the duties and responsibilities of the broker, you should resolve those questions before proceeding. (Form 5/08) Property: Parklane Park, Corpus Christi, Texas Real Estate licensee asks that you acknowledge receipt of this information about brokerage services for the licensee's records. Buyer, Seller, Landlord or Tenant Date Texas Real Estate Brokers and Salesmen are licensed and regulated by the Texas Real Estate Commission (TREC). If you have a question or complaint regarding a real estate licensee, you should contract TRECT at P.O. Box 12188, Austin, Texas 78711-2188, or 512-465-3960 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of August 16, 2016 Second Reading for the City Council Meeting of August 23, 2016 DATE: July 13, 2016 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Ordinance authorizing the City Manager or designee to execute a license with the River View at Calallen, LP located at 11930 Leopard Street. CAPTION: Ordinance authorizing the City Manager or designee to execute a license with the River View at Calallen, LP ("Permittee") to install, operate, maintain, and remove a private two-inch sanitary sewer force main encased in six-inch Steel Pipe ("Wastewater Line") across Leopard Street public street right-of-way, located west of Western Drive public right-of-way, subject to the Permittee' compliance with specified conditions. PURPOSE: The purpose of this License is to allow River View at Calallen, LP the ability to connect the Riverview Apartments to the City sewers. BACKGROUND AND FINDINGS: River View at Calallen, LP ("Permittee") desires to install, operate, maintain, and remove a private two-inch sanitary sewer force main encased in six-inch Steel Pipe ("Wastewater Line") across Leopard public street right-of-way. The wastewater sewer main being installed will be crossing approximately 201 linear feet of the Leopard Street public street right-of-way. The private line authorized by this License is strictly limited to providing sanitary sewer service to Riverview Apartments. Staff recommends that the Permittee pay a one-time payment of $1,053.00 for this License, for the use of the Leopard Street public street right-of-way. Permittee must comply with all the specified conditions of the ordinance within 180 days of Council approval. ALTERNATIVES: Denial of this License. This will, however, adversely impact the Owner's ability to move forward with future development of the subject property. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Charter Article IX, Section 1, requires City Council approval for use of any portion of public right-of-way for private purposes. Ordinance 026217, Section 3. Section. 49- 61. Fees for use of public ways by unauthorized pipelines. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies had any facilities or objections regarding the proposed Use Privilege Agreement, provided the applicant meets the specified conditions set out in the Use Privilege Agreement. FINANCIAL IMPACT: ❑ Operating • •Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item Onetime Fee $1,053.00 $1,053.00 BALANCE $1,053.00 $1,053.00 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval and adoption of the ordinance. Owners must comply with all the following specified conditions of the ordinance: a. In exchange for the City's authorization for use of the public right-of-way by the Permittee for the stated purpose, the Permittee agrees to provide the City with a one-time license fee of $1,053.00. b. The Permittee's use of the private two-inch sanitary sewer force is strictly limited to serving the Riverview Apartments on Leopard Street. Permittee may not provide wastewater service through the wastewater sewer main to any facilities other than the facilities specified in this section nor may Permittee permit or allow anyone else to provide wastewater service or any other service through the force main to any facility whether owned by the Permittee or by another person or entity. c. All costs incurred to install, operate, maintain, repair, and remove the Wastewater Line are the sole responsibility of the Permittee. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Ordinance authorizing the City Manager or designee to execute a License with River View at Calallen, LP ("Permittee") to install, operate, maintain, and remove a private two-inch sanitary sewer force main encased in six-inch Steel Pipe ("Wastewater Line") across the Leopard Street public street right-of-way, located west of Western Drive public right-of-way, subject to the Permittee' compliance with specified conditions. WHEREAS, River View at Calallen, LP ("Permittee"), desires to install, operate, maintain, and remove a private two-inch sanitary sewer force main encased in six-inch Steel Pipe ("Wastewater Line") across Leopard public street right-of-way, located west of Western Drive public right-of-way; WHEREAS, the Permittee has requested, and the City of Corpus Christi ("City") desires to extend, a perpetual agreement ("Agreement"). This Agreement accomplishes the purpose and use intended by the Permittee within the public right-of-way; WHEREAS, in accordance with Article IX, Section 1 of the City Charter, the City Council authorizes the City Manager or designee to enter into the Agreement for the benefit of the City and the Permittee, subject to the Permittee' compliance with the specified provisions of the Use Privilege Agreement. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute a perpetual agreement ("Agreement"). this Agreement with the Riverview at Callallen, LP ("Permittee"), to allow the Permittee to install, operate, maintain, and remove a private two-inch sanitary sewer force main encased in six-inch Steel Pipe ("Wastewater Line") across Leopard Street public street right-of-way, such Agreement at all times subject to the Permittee' compliance with the conditions specified in the Agreement. A copy of the Agreement is attached to this ordinance and being incorporated by reference into this ordinance as if fully set out herein in their entirety. SECTION 2. The Agreement authorized in Section 1 of this ordinance is subject to the Permittees' compliance with the conditions of the Agreement including, but not limited to, the provisions specified below: a. In exchange for the City's authorization for use of the public right-of-way by the Permittee for the stated purpose, the Permittee agrees to provide the City with a one-time license fee of $1,053.00. b. The Permittee's use of the private two-inch sanitary sewer force is strictly limited to serving the Riverview Apartments on Leopard Street. Permittee may not provide wastewater service through the wastewater sewer main to any facilities other than the facilities specified in this section nor may Permittee permit or allow anyone else to provide wastewater service or any other service through the force main to any facility whether owned by the Permittee or by another person or entity. Page 1 of 2 c. All costs incurred to install, operate, maintain, repair, and remove the Wastewater Line are the sole responsibility of the Permittee. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Michael Hunter Lucy Rubio Mark Scott Brian Rosas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Michael Hunter Lucy Rubio Mark Scott Brian Rosas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Page 2 of 2 LICENSE STATE OF TEXAS § COUNTY OF NUECES § This License ("License") is entered into by and between the City of Corpus Christi ("City"), a Texas home -rule municipal corporation, and River View at Calallen, LP ("Licensee"), a Texas limited partnership, whose business address is 8500 Shoal Creek Blvd, Bldg 4, Suite 208, Austin, Texas 78757. WHEREAS, Licensee owns the real property and improvements located at 11930 Leopard Street in Corpus Christi, Texas, and being more particularly described as approximately 5.862 acres being a portion of share No. 11 of the Partition of the John B. Haney Estate as shown on a map recorded in Volume 6, Page 29 Map Records of Nueces County (`Property"), as shown in Exhibit A (legal description); and WHEREAS, Licensee wishes to construct a two-inch sanitary sewer force main inside a six-inch steel casing (hereinafter "Improvements"), which will encroach in the City (hereinafter "Premises"), as shown in Exhibit B; and WHEREAS, Licensee has requested the City to allow the use and occupancy of the Premises for Licensee's Improvements. NOW THEREFORE, THE CITY AND LICENSEE AGREE AS FOLLOWS: In accordance with Article IX, Section 1, of the City's City Charter and in consideration of a onetime payment of ($1,053.00) paid by Licensee, the receipt of which is acknowledged, the City has granted and by these presents does grant to Licensee, for the term and upon the conditions stated in this License, a License for the right to install, operate, maintain, repair and remove Improvements on Premises. The area in which the License is granted for the location of the Improvements is referred to in this License as the "License Area." Licensee agrees that the Improvements shall not be expanded, enlarged or altered in any way nor shall the height or stories be increased without the prior written approval of City. The License granted by this License is issued to the Licensee only. This License may not be assigned by Licensee without the City Manager's prior written consent. Licensee must notify the City if Licensee sells or transfers ownership of the Improvements. The License granted by this License is subject to the Licensee's compliance at all times with the following conditions: A. This License, and the rights granted under the License, may be revoked at any time by the City upon providing the Licensee not less than 30 days' ROW License Agreement Revised 02-23-16 Deb 1 CITY OF CORPUS CHRISTI notice, in writing, by the City's City Manager or designee ("City Manager"). In the event of a revocation by the City Manager or earlier termination of this License by either party, no portion of any payment made under this License is refundable to the Licensee. B. This License is for a perpetual term, subject to termination under Section A above. It also terminates if Licensee discontinues or abandons the use of the Improvements. This License is made expressly subject and subordinate to the right of the City to use the Premises for any public purpose. In the event that City gives notice of termination under Section A, Licensee shall at its sole cost and expense make or cause to be made the removal of the Improvements. Licensee shall reimburse City for the cost of City's removal of the Improvements if Licensee does not remove them within the notice period. C. The City reserves the right to construct, maintain and/or modify city -owned facilities, including but not limited to, street and utility improvements. The City will provide 30 days written notice to the Licensee when the City has determined that removal, relocation or alteration of the Improvement is reasonably necessary for construction, maintenance, modification or operation of city -owned facilities. The Licensee shall promptly make the required adjustments. The required work will be done at Licensee's expense. D. The Licensee agrees to comply with City Code of Ordinances Chapter 35, Article VII and Chapter 49, Article VII. E. The Licensee shall provide the City with a 3-dimensional map of the Improvements accurate to within 1 foot and GIS coordinates, which will be included with this License as Exhibit C and 2D dwg file must be submitted for the as-builts. F. The Licensee shall mark all Improvements located on City Premises with magnetic marking tape if the utility is located underground. G. The Licensee shall acquire and maintain at all times for the term of this License insurance coverage pertaining to the License Area granted under this License and the activities authorized by this License. The types of required insurance coverages must be in the minimum amounts set forth in the attached Exhibit D, the substantive content of Exhibit D being incorporated by reference into this License as if fully set out here in its entirety. The insurance policies must name the City as an additional insured and may not be canceled, renewed or materially changed by Licensee unless at least ten (10) days advance written notice has been provided to the City. Upon the City Manager's written request, Licensee shall provide copies of all requested insurance policies to the City's City Attorney. ROW License Agreement Revised 02-23-16 Deb 1 CITY OF CORPUS CHRISTI H. Should construction be deemed necessary by Licensee in the License Area, construction plans and specifications for all proposed work shall be submitted in advance by the Licensee to the City's City Engineer for approval prior to beginning the construction process. The plans must show the depth and location of the proposed construction and distance from existing pavement, water, storm water, wastewater and gas lines. The Licensee shall also comply with any other laws, rules, regulations and ordinances applicable to construction in the City and in the public right-of-way, including obtaining all required permits. Licensee shall fully pay for all labor and materials used in the License Area and will not permit or suffer any mechanic's or material man's liens of any nature to be affixed against the Premises by reason or any work done or materials furnished to the Premises at Licensee's request. I. Prior to the start of any approved construction, Licensee shall require every contractor and subcontractor to provide a Certificate of Insurance reflecting insurance in coverage amounts as set forth in Exhibit D. Additionally, Licensee shall require their contractors and subcontractors to indemnify the City, its officers, officials, employees, representatives, agents, licensees and invitees in the same manner that Licensee has provided indemnification to the City pursuant to this License. J. Licensee shall provide all necessary and proper safety devices so as to prevent injuries or accidents in the License Area, in as much as possible. K. At least 48 hours prior to beginning any approved construction, Licensee shall contact 1-800-DIG-TESS and the Lone Star Notification Center (1-800-669- 8344), and any other required agency or authority. Additionally, at least 48 hours prior to beginning any approved construction, Licensee shall give notice and verify depth and location of communication lines or communication fiber optic cables, whichever is applicable, to the following: • City Utility Departments, including Water, Storm water, Wastewater and Gas; • American Electric Power (AEP); • American Telephone and Telegraph (AT&T); • CenturyTel; • Time Warner; • Grande Communications; and • Any and all other certified telecommunications providers. A City inspector may request a utility line be uncovered to verity its depth or location. L. Any construction process and use of the License Area by Licensee shall not interfere with the construction, installation, operation, maintenance, repair, ROW License Agreement Revised 02-23-16 Deb 1 CITY OF CORPUS CHRISTI removal or replacement by the City or any of its agents, contractors or franchisees of any existing or proposed roadways, sidewalks, utility lines or other uses. If the City or any franchisee with utilities currently located in said public right-of-way needs access to the right-of-way, Licensee shall pay for removing or relocating the Improvement in the License Area to allow access to utility lines for maintenance, repair, removal or replacement of the utility lines. The Licensee shall repair the License Area to its original condition or cease to use the License Area, at which time this License terminates immediately. M. Traffic Engineer requirements pertaining to this License, if applicable in context: 1. At least 48 hours prior to commencing any approved construction, the Licensee shall file and obtain approval for a traffic control plan with the City's Traffic Engineer. No closure or barricading of a public right-of-way or any portion of a public right-of-way may occur before approval of the traffic control plan and, if applicable, approval of a detour or barricade plan has been obtained from the City's Traffic Engineer. 2. Should Licensee require a trench, pit or similar excavation be dug during approved construction, the Licensee shall file and obtain approval for barricading said trench, pit or excavation in accordance with the Texas Manual on Uniform Traffic Control Devices from the City's Traffic Engineer. [See paragraph "T" of this License for additional requirements regarding trenches, pits and similar excavations.] N. If, as determined by the City Manager, damage occurs to any pavement, sidewalk, curb, gas, water, storm water or wastewater line, Licensee shall allow the City immediate access to the License Area to perform an assessment, make repairs or take any other action deemed necessary by the City. Determination of the extent of damage and repairs necessary to restore the utility line(s) shall be made by the City Manager. All costs of the City associated with said damage and repair, including labor and materials, shall be paid by Licensee within 30 days of the City's invoice. 0. Should construction become necessary near existing water or wastewater lines, Licensee shall take every precaution not to disturb the soil surrounding any such lines, including all thrust blocks. P. If any approved work is conducted near any existing water main, it shall be done under the inspection of a City inspector at a daily rate of three -hundred ten dollars and thirty-five cents ($310.35) for each day spent inspecting construction, installation, maintenance, repair, removal or replacement in the License Area. A half-day, being four hours or more of work time by the City inspector, constitutes a whole working day for purposes of calculation. Any ROW License Agreement Revised 02-23-16 Deb 1 CITY OF CORPUS CHRISTI time in excess of eight hours a day, or on Saturday, Sunday or holidays, shall be calculated at a daily rate of fifty-eight dollars and eighteen cents ($58.18) per hour. Any assessed inspection fees shall be paid by the Licensee to the appropriate City department within 30 days of the City's invoice. These amounts will be adjusted annually each year on August 1 to reflect any pay increases that may be attributable to the rates charged. Q. At any and all times, Licensee shall be responsible for the repair and maintenance of the License Area, including any costs associated with damage occurring due to natural weather elements/occurrences or man- made forces. Should damage occur to the License Area, regardless of the type of damage, Licensee shall immediately repair the damage upon notice by the City. Failure to so repair terminates this License immediately without any further action needed on the part of the City. R. Licensee agrees that any Improvements located above the ground shall be cleaned, maintained and repaired immediately to preserve the public health and safety and prevent blight. S. Licensee shall repair, or cause to be repaired, any damage to pavement, driveways, culverts, head walls, landscaping, sidewalks, curbs, gutters and/or any other structure, public or private, resulting from or caused by reason of construction, installation, maintenance, repair, removal, replacement or operation of the License Area. T. If a trench, pit or other excavation is required during approved construction, no trenches, pits or other excavation, other than bore pits, shall be left open overnight, except as specifically authorized by the City's Director of Development Services and City's Engineer. Bore pits are not allowed open for a period of longer than 14 calendar days, regardless of location. All trenches, pits or other excavations, other than bore pits, shall be backfilled by the Licensee promptly and in accordance with current City standards and specifications and as per the City inspector's request. All trenches, pits and other excavations, including bore pits, shall be barricaded by the Licensee in accordance with the Texas Manual on Uniform Traffic Control Devices and as approved by the City's Traffic Engineer. [See paragraph "M.2." for additional requirements pertaining to trenches, pits, and other excavations.] U. If backfilling becomes necessary, all backfill, specifically including that in and around existing utilities, shall be made by Licensee according to current City standards and specifications and as required by a City inspector. V. Use of the Wastewater Line Improvements authorized by this License is strictly limited to providing service to the River View at Calallen, LP located at 11930 Leopard Street, in the License Area. Licensee shall not provide, nor permit anyone else to provide or receive, service through said Wastewater ROW License Agreement Revised 02-23-16 Deb 1 CITY OF CORPUS CHRISTI Line or at any facilities within the City other than the building facilities specifically included in this License without first obtaining a franchise or other required approval from the City. W. LICENSEE 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 AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE USE OF THE RIGHT-OF-WAY OR CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE LICENSE IMPROVEMENTS PURSUANT TO THIS LICENSE, INCLUDING ANY INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. LICENSEES MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL THOSE CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED ON ANY CLAIMS OR DEMANDS, WITH COUNSEL SATISFACTORY TO INDEMNITEES, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COST AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, OR ACTIONS. X. All signatories signing this License warrant and guarantee that they have the authority to act on behalf of the entity represented and make this License binding and enforceable by their signatures. Y. Unless otherwise stated in this License, any notice required or permitted to be given under this License must be in writing and sent by certified mail, return receipt requested to the following addresses: If to Licensee: If to the City: ROW License Agreement Revised 02-23-16 Deb 1 CITY OF CORPUS CHRISTI River View at Calallen, LP 8500 Shoal Creek Blvd, Bldg 4, Suite 208, Austin, Texas 78757. City of Corpus Christi Attn: Director, Development Services Department P. O. Box 9277 Corpus Christi, TX 78469-9277 Any party shall, by notice to the others in accordance with the provisions of this paragraph, specify a different address or addressee for notice purposes within 10 days of any address change. Z. This License shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created pursuant to this License are performable in Nueces County, Texas. All actions arising from, out of, or related to this License must be filed, tried, remain and resolved in and cannot be removed from Nueces County, Texas. AA. The Licensee further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of this License, the "Disclosure of Interests" form attached to this License as Exhibit E. Completed versions of Exhibit E by the Licensee form a part of this License and are incorporated by reference into this License as if set out here in their entireties. BB. This instrument, including exhibits, constitutes the entire License between the City and the Licensee, and no prior written, oral, or contemporaneous promises, warranties or representations shall be binding upon any parties. This License may only be amended by written instrument signed by authorized representatives of the City and Licensee and approved as required by City law. CC. Any payments due by the Licensee pursuant to this License will be made from current revenue available to the Licensee. EXECUTED IN DUPLICATE this day of , 20 ROW License Agreement Revised 02-23-16 Deb 1 CITY OF CORPUS CHRISTI LICENSEE'S NAME Date River View at Calallen, LP, a Texas limited partnership By: River View at Calallen GP, LLC, a Texas limited liability company, its general partner By: River View at Calallen MM, LLC, a Texas limited liability company, its manager By: Mark E. Gardner, Manager STATE OF TEXAS COUNTY OF NUECES § § § ACKNOWLEDGMENT This instrument was acknowledged before me on , 20 , by , Manager, River View at Calallen MM, LLC, Manager, River View at Calallen GP, LLC, general partner, River View at Calallen, LP, on behalf of said company. Notary Public's Signature ROW License Agreement Revised 02-23-16 Deb 1 CITY OF CORPUS CHRISTI IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be executed on this the day of , 20_ ATTEST: CITY OF CORPUS CHRISTI City Secretary Department APPROVED AS TO LEGAL FORM: day of , 20 By: Daniel McGinn Interim Director, Development Services By: Julian Grant, Assistant City Attorney THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 20, by , as Director, Development Services Department, of the City of Corpus Christi, a Texas Municipal Corporation, on behalf of said corporation. Notary Public, State of Texas ROW License Agreement Revised 02-23-16 Deb 1 CITY OF CORPUS CHRISTI EXHIBIT "A" LEGAL DESCRIPTION Being that certain tract of land described as containing 5.865 acres, more or less, being a portion of Share No. Eleven (11) of the Partition of the Estate of John B. Haney, a map recorded in Volume 6, Page 29 of the Nueces County, Texas Map Records, and being the same land described as 5.878 acres in deed dated January 27, 2014 recorded in Document No. 2014003651 Official Public Records, Nueces County, Texas, executed by James E. Brooks VFW Post 3837 to Zeba, LLC, and being further described on the following page: Legal Description -- Page 1 BEING a 5.865 acre tract of land in Share No. 11 of the Partition of the Estate of John B. Haney, as recorded in Volume 6, Page 29, Map Records, Nueces County, Texas, situated In the Gregorio Survey, Abstract No. 592, Nueces County, Texas, being all that certain tract of land described In deed to Zeba, LLC, as recorded In Document No. 2014003651, Official Public Records, Nueces County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 1 -Inch Iron pipe found marking the south corner of said Zeba tract and the west corner of that certain tract of land described In deed to Judy Rack, as recorded In Document No. 2006029630, said Official Public Records, said Iron pipe being on the northeast line of Leopard Street (Highway No. 9), from which the south comer of said Share No, 11 bears South 36°40'13" West, a distance of 40.09 feet; THENCE North 57°1529" West, a distance of 298.75 feet along said northeast line to a 314 -Inch Iron pipe 'found marking the southwest corner of said Zeba tract and the south corner of that certain tract of land described In deed to James E. Brook VFW Post 3837,, as recorded In Document No. 837463, said Official Public Records; THENCE North 36°3534" East, passing a 314 -inch iron pipe found marking the east corner of said VFW tract and the south corner of that certain tract of land described in deed to James E. Brook VFW Post 3837, as recorded in Document No. 1999021349, said Official Public Records, at a distance of 300.29 feet and continuing a total distance of 372.69 feet to a 5/8 -inch Iron rod found marking the Interior ell corner of said Zeba tract and the east corner of said VFW tract (1999021349); THENCE North 57°12'59" West, a distance of 299.70 feet along the common line of said Zeba and VFW (1999021349) tracts to a 5/8 -Inch Iron rod found marking the northwest corner of said Zeba tract and the north corner of said VFW (1999021349) tract, said Iron rod being on the southeast line of that certain tract of land described In deed to The Cuddlhy Corporation, as recorded in Volume 1625, Page 508, Deed Records, said Nueces County; THENCE North 36°4731" East, a distance of 177.44 feet along the common line of said Zeba and Cuddlhy tracts to a 5/8-inoh Iron rod found marking the north corner of said Zeba tract and the east corner of said Cuddlhy tract, said iron rod being on the southwest line of Interstate Highway No. 37 (a variable width right-of-way); THENCE South 69°07'47" East, a distance of 620.63 feet along said southwest line to a 5/8 -inch iron rod found marking the east corner of said Zeba tract and the north comer of aforesaid Rack tract; THENCE South 36°40'13" West, a distance of 678.25 feet along the common line of said Zeba' and Rack tracts to the POINT OF BEGINNING and containing 5.865 acres (255,463 square feet) of land. Page 2 SVX31 `11SIHIHO Sfld100 1332i1S alVd031 S1N3LAUHVdd M31A2i3AIb M1d31A32111M3d bOd O3nssi Ndld Alllllll ›— Z Z E �z- Qzo LTJ z :110.".t.; TAIL IISIHHD Sld2�00 C.,R z e 133211S albd031 •. �oS1N3W121VdV M3IA213n121 A. U cam. •' „ •s 7 7 o n w 0 o arLr W J w H W W c o = Z F aE0 woC W U d O O LLI O U J Z H 0 U) o zQ / / 7 tp tp q -v c,•• W a a f0 z U = N LU foo W @ co O = W Eo O z �cv uj Ir. 0z\ z- w H 0 O Lu CO z O --- Et ▪ CC u- H LiLCauJ ooa> o z 0 *1 +I LLij ▪ W H ¢ ( n V J Z < Z Z ¢ z UJ Z W - = U w w w — CC01� 0 W m= ▪ N W z W O ¢ > wa 00 O (Y) O N O 0 310 L0 ti C> LO CO • _ M csiO CO ▪ M M o of m v F-(0( co o,r� L00 - ✓ m 2 X w 0- LL (O CO CL CO b 0 ¢ E M 18 F O M = m O > w } m F Z0 CO 0 0 0 U Li n U ' Et I F U 0U(n(na L0 W t CO 0 "71- 0 CO O CO 0 O 0 N O 0 0 O t O LO LO CO CO LO LO 5tiW1! 1!4x3 - ueld Rl!I!1f1UN3Wd013A30 0NV1\aVO1911S wgaad gspy0 sndio0 rna!AJeAI 0L0-990Z\890Z9uewdoIeAea pue¶:d :aweuevd �����'•Yf�.� 3NI1 MOb EXISTING 8" WATERLINE EXISTING GAS LINE K / 99'179 EXISTING UTILITY DEPTHS APPROXIMATED ---- EXISTING GAS �_ OZ'S9 18'99 ZTL9 DIRECTIONAL BORE AND INSTALL ±200 L.F. OF 2"0 AND 146 L.F. OF 6" STEEL 00'89 EXISTING GRADE J ING GRADE-\ -00.89 W llL9 11 11 (11 11111 111 I 111 98.99 RECONSTRUCT EXISTING MANHOLE RIM ELEV = 69.39 FL = 65.82 TIE INTO MANHOLE WITH (1) 5' JOINT OF 6"0 SDR -26 PVC PIPE @ 1.00% MINIMUM SLOPE FL EX MANHOLE = 65.82 iOt/1 11 00 99 EC I ZE'b9 6£'69 = VII/1 00'00+0•V1S INVW ONIISIX3 ' 98.89 W t CO 0 "71- 0 CO O CO 0 O 0 N O 0 0 O t O LO LO CO CO LO LO 5tiW1! 1!4x3 - ueld Rl!I!1f1UN3Wd013A30 0NV1\aVO1911S wgaad gspy0 sndio0 rna!AJeAI 0L0-990Z\890Z9uewdoIeAea pue¶:d :aweuevd ATTACHMENT EXHIBIT 0 INSURANCE REOUIREMENTS I. PERMITTEE'S LIABILITY INSURANCE A. Permittee 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. Permittee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Permittee shall furnish to the Risk Manager or designee and Director of Development Services. two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy, and a waiver of subrogation is required on alI 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 r aggregate Commercial General Liability including: 1. Broad Form 2. Premises — Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Permittees 7. Pollution/Environmental Impairment $1,000,000 Per Occurrence $2,000,000 Aggregate BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned $1,000,000 Combined Single Limit WORKERS' COMPENSATION EMPLOYER'S LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT. $500,000,. $500,000 $500,000 C. In the event of accidents of any kind related to this project, Permittee shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. II. ADDITIONAL REQUIREMENTS A. Permittee 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. B. Permittee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Permittee'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. Permittee shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Permittee 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 D. Permittee agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials,- employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, 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 suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Successful Bidder shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Permittee'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 Permittee'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 Permittee to stop work hereunder, and/or withhold any payment(s) which become due to Permittee hereunder until Permittee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Permittee may be held responsible for payments of damages to persons or property resulting from Permittee's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Permittee'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. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2014 ins req. Development Services 11/13/2014 ds Risk Mgmt. City of ei41. Corpus Christi DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Department of Development Services P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 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: River View at Calallen, LP STREET: 8500 Shoal Creek Blvd., Bldg. 4, Suite 208 CITY: Austin Zip: 78757 FIRM is: ❑ Corporation 0 Partnership ❑ Sole Owner ❑ Association ❑ Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 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 Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A 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. Authorized Representative of General Certifying Person: Enrique Flores Title: Partner (Print) nhrucil Signature of Certifying Person: Date: 04/12/2016 K:\DEVELOPMENT SVCS\SHARED\LAND DEVELOPMENT ORDINANCE ADMINISTRATION\APPLICATION FORMS FORMS AS PER LEGAL\2012\DISCLOSURE OF INTERESTS Page 1 of 2 STATEMENT L27.12.DOC Exhibit E 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:ADEVELOPMENT SVCS \SHARED ALAND DEVELOPMENT ORDINANCE ADMINISTRATION\APPLICATION FORMS FORMS AS PER LEGAL\2012\DISCLOSURE OF INTERESTS STATEMENT 1.27.12.DOC Exhibit E Page 2 of 2 AERIAL OVERVIEW r - • GR 6069 ti •N • • i Nuaaas Dar Subject Property 'Ge:: -P--n9 ilm• GeoEyegE rth is r Ge p,,2�;, lA.l@�r7w1 rn Nd ,o. Ifi IG� IGP,'sw sstopo, amp the GIS U � �: AERIAL MAP CR 55 CR 1.1991) CR 90 CR 1200 !� I CR 1299 110141 CR e8 CRCR 6088 CR 6120 C • R 1195 61980 CR Ss CR 320 CRI CR 292 :ILEI .1 ,CR 0085CR 327 08 52 05 280 CR 269 CR 260 CR 26 CR 242 CR 602 GR 38 CR 238 AGENDA MEMORANDUM Future item for the City Council Meeting of August 23, 2016 Action item for the City Council Meeting of August 30, 2016 DATE: July 27, 2016 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, 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: Andy Leal, P.E., Interim Director of Street Operations andyl@cctexas.com (361) 857-1957 J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Enqineerinq Construction Contract Pavement Markings IDIQ CAPTION: Motion authorizing the City Manager or designee, to execute a construction contract with Highway Barricades and Services, LLC. of Corpus Christi, Texas in the amount of $173,250 for Pavement Markings Indefinite Delivery/Indefinite Quantity (IDIQ) for total base bid. PURPOSE: The purpose of this Agenda Item is to execute a construction contract with Highway Barricades and Services, LLC. for Pavement Markings IDIQ for the total base bid. BACKGROUND AND FINDINGS: This project provides for pavement markings and striping on city streets. Work includes new retro- reflectorized markings and striping. This is a multi-year IDIQ construction contract with 1 -year base term plus two 1 -year optional renewal periods. Multiple delivery orders will be issued each year with specific scope and cost based on the contractor's unit bid prices. Delivery orders will be prepared and issued by City Staff. Delivery orders and future authorization of option years will be Administratively Authorized by City Manager or designee within the available annual funding. On July 20, 2016, the City received proposals from one (1) bidder and the bidder follows: Contractor Base Bid Highway Barricades & Services, LLC. Corpus Christi, Texas $173,250.00 Engineer Estimate $250,000.00 Only one bid was received, however City staff has historical pricing data from other similar work and contracts to determine the bid prices are fair and reasonable. Rebidding is not anticipated to improve pricing. ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contracts. Conforms to FY 2015-2016 Street Operational 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 $296,000 $296,000 Encumbered / Expended Amount 0.00 0.00 This item 173,250 173,250 Future Anticipated Expenditures This Project 34,913 34,913 BALANCE $ 87,837 $ 87,837 Fund(s): Comments: N/A RECOMMENDATION: City staff and HDR, Inc. recommend the construction contract award to Highway Barricades and Services, LLC. in the amount of $173,250.00 for the base bid. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 Project Budget PAVEMENT MARKINGS IDIQ FY 2015-2016 Project No. E16238 PROJECT FUNDS AVAILABLE: Street Operating Fund $ 296,000.00 TOTAL FUND AVAILABLE 296,000.00 FUNDS REQUIRED: Construction: Construction (Highway Barricades) THIS ITEM 173,250.00 Design Fees: Engineer - (HDR) 17,133.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin) 7,400.00 Engineering Services (Project Mgt//Traffic Mgt Services) 8,880.00 Misc. (Printing, Advertising, etc.) 1,500.00 TOTAL $ 208,163.00 ESTIMATED PROJECT BUDGET BALANCE $ 87,837.00 Morgan Farm Area tJ Sinton Rancho Chico Del Sol -Loma Linde 181 Taft P'etronila Tierra Grande Doyle Prtlend Tradewinds Gregory;, ss .- 0 Cil} Ey I h FalrTlar-Couity Ares Aransas Pass Irgleside Irgl& lde :int ay Pavement Markings IDIQ (Citywide) Chaprnar I,arr; l'-/-0 L1 stang Bland Mustan is)an 'Slate VICINITY MAP NOT TO SCALE Project Number: E16238 Pavement Markings IDIQ CITY COUNCIL EXHIBIT DEPARTMENT Th1OFNT CORPUS IITSFRVIf.FC CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF SERVICES Corpus Chr sti Engineering Pavement Markings IDIQ Council Presentation August 16, 2016 Project Vicinity Pavement Markings IDIQ (Citywide) �hrsti Engineering 2 Project Scope �hrsti Engineering Continuation of City Program to improve pavement marking and striping for traffic safety and reduced congestion. Work includes: • Pavement markings consist of centerline, lane, edgeline, for both flexible and rigid roadway surfaces. • Raised pavement markers This is a multi-year IDIQ construction contract with 1 -year base term plus two 1 -year optional renewal periods. Multiple delivery orders will be issued each year with specific scope and cost based on the contractor's unit bid prices. Delivery orders will be prepared and issued by City Staff. Project Schedule �hrsti Engineering 2016 2017 Jul Aug Sep Bid Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Construction Construction Estimate: Calendar Days 365 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: 2016-93052 Date Filed: 08(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. Highway Barricades & Services, LLC Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the fonn 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. E16238 Pavement Markings ID/IQ 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Johnson, Reba Ann Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. 6 20 c2ia/n64 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. 10=_ ge„..0,_,,, ,_,... '" JUANITA GALE MCCAIN = _ ,` Notary Pub c, State o9 te�Qs \:_, MyComm,ssipr�ExpnesDecember 05, 2017 I r Signature of authoriz, . gent of contracting business entity r{ , this the / day oft./ fI AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by theoriz,.if / 1� , to certify which, witness my hand and seal of office. t} '% f r r� 1 Y i ra ijit ? f k CSC ll1'�/ 217(74/7/- ! �l , 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 V1.0.277 AGENDA MEMORANDUM Future Item for the City Council Meeting of August 16, 2016 Action Item for the City Council Meeting of August 23, 2016 DATE: TO: Margie C. Rose, City Manager July 13, 2016 THRU: Mark Van Vleck, 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 Contract Nueces Bay System Salinity and Freshwater Inflow Monitoring 2016-2017 CAPTION: Motion authorizing the City Manager or designee to execute Amendment No. 3 to the monitoring services contract with the Conrad Blucher Institute at Texas A&M University -Corpus Christi in the amount of $97,835 for a total restated fee not to exceed $386,555 for the Nueces Bay System Salinity and Freshwater Inflow Monitoring 2016-2017. PURPOSE: The purpose of this agenda item is to obtain authority to execute a monitoring contract for the Conrad Blucher Institute at Texas A&M University -Corpus Christi for the Nueces Bay System Salinity and Freshwater Inflow Monitoring 2016-2017. The execution of this amendment is in compliance with the Amended Agreed Order between the City and Texas Natural Resource Conservation Commission (NRCC). BACKGROUND AND FINDINGS: The amendment provides continued services for real-time salinity monitoring at the two salinity monitoring stations in Nueces Bay and one monitoring station in the Nueces River. The data collected is to determine the frequency and quantity of fresh water pass through events from the City's reservoir system (Choke Canyon Dam and Wesley Seale Dam) as required by the City's amended reservoir operating plan. Services include real-time monitoring, data collection, regular site visits and routine maintenance/repairs for these three stations. The Conrad Blucher Institute (CBI) of Texas A&M University -Corpus Christi has conducted extensive research in the Rincon Bayou, local bays and estuaries. The CBI is considered the foremost expert in local near shore salinity research and has existing salinity monitoring stations that will be used to collect the required data. The CBI has conducted the required salinity monitoring for the City since the Reservoir Operating Plan was amended by NRCC. In November 2013, the City awarded CBI with a contract to initiate salinity and freshwater inflow monitoring. The contract term was from November 15, 2013 through September 30, 2014. In September 2014, the City awarded CBI with an Amendment No. 1 contract to maintain salinity monitoring stations for the Nueces Bay System from October 1, 2014 to September 30, 2015. In August 2015, the City award CBI with Amendment No. 2 contract to maintain salinity monitoring stations for the Nueces Bay System from October 1, 2015 to September 30, 2016. This contract, Amendment No. 3, allows CBI to continue to maintain salinity monitoring stations for the Nueces Bay System. The contract term of this amendment is from October 1, 2016 to September 30, 2017. ALTERNATIVES: 1. Authorize the execution of the monitoring contract. 2. Do not authorize the execution of the monitoring contract. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department Environmental and Strategic Initiatives FINANCIAL IMPACT: ® Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Budget & Expenditures Current Year Future Years TOTALS Line Item Budget (Operating) $288,720 $121,835 $410,555 Encumbered / Expended Amount 288,720 288,720 This Item 97,835 97,835 Future Anticipated Expenditures This Project 24,000 24,000 BALANCE $0 $0 $0 Fund(s): Water Operating Comments: The contract amendment will result in the amount not to exceed $97,835. RECOMMENDATION: City Staff recommends approval of Amendment No. 3 to the monitoring services contract with the Conrad Blucher Institute at Texas A&M University -Corpus Christi in the amount of $97,835 for a total restated fee not to exceed $386,555 for the Nueces Bay System Salinity and Freshwater Inflow Monitoring 2016-2017. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation PROJECT BUDGET Nueces Bay System Salinity and Freshwater Inflow Monitoring 2016-2017 FUNDS AVAILABLE: Water Operating $ 410,555 FUNDS REQUIRED: Monitoring Contract (Conrad Blucher Institute, TAMUCC) $ 386,555 *Original 94,605 **Amend. No. 1 97,687 ***Amend. No. 2 96,428 Amend. No. 3 THIS CONTRACT 97,835 Reimbursements: Total Reimbursements. 24,000 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance) 6,000 Engineering Services (Project Mgmt) 13,000 Misc 5,000 TOTAL $ 410,555 PROJECT BUDGET BALANCE *Original contract approved by City Council on November 12, 2013 by Motion No. M2013-170 **Amendment No. 1 approved by City Council on September 23, 2014 by Motion No. M2014-134 ***Amendment No. 2 approved by City Council on August 25, 2015 by Motion No. M2015-090 $0 201 1 568 1944 1694 Ddem 51 1=1 •,.iperceriter 2289 2$57 2557 1906 2046 am 59 51 i 1944 1694 10T4 1906 10T4 5TA 631 7512 3151 1074 3161 169E 2250 GALT 03 v SALIO1 ❑34 1694 1694 75 2004 ‘41,70,_ Texas Stale Aquarium Corpus Chrisii iii Tierra {Grande 1761 ❑34 Corpus Christi International Airport 2297 La 0 149.4 EEI 25 VICINITY MAP VSalination Monitoring Stations NOT TO SCALE 355 sect Number: 8443 Nueces Bay System Salinity and Freshwater Inflow Monitoring 2016-2017 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI AMENDMENT NO. 3 CONTRACT FOR MONITORING SERVICES The City of Corpus Christi, Texas, a Texas home -rule municipal corporation ("City") and Conrad Blucher Institute at Texas A&M University -Corpus Christi ("Consultant"), agree to the following amendments to the Contract for Monitoring Services for Nueces Bay System Salinity and Freshwater Inflow Monitoring 2016-2017 (Project No. 8443): Original Contract November 12, 2013 Motion No. 2013-170 $94,605.00 Amendment No, 1 September 23, 2014 Motion No. 2014-134 $97,687.00 Amendment No. 2 August 25, 2015 Motion No. 2015-090 $96,428.00 In the Original Contract, Exhibit `°A", Scope of Services shall be amended as set forth in the attached Amendment No.3, Exhibit "A". In the Original Contract, Fees shall be amended based on the modified scope of services in the attached Amendment No. 3, Exhibit "A" for a fee not to exceed $97,835, for a total restated fee not to exceed $386,555. A[I other terms and conditions of the November 12, 2013 Contract for Monitoring Services between the City and Consultant, and of any amendments to that contract, which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI TEXAS A&M UNIVERSITY CORPUS CHRISTI J.H. Edmonds, P.E. Date L- ry Lloyd Director of Engineering Services Research S•-cialist 11 Conrad Blucher Institute for Surveying and Science 6300 Ocean Drive, Unit 5799 Corpus Christi, TX 78412 RECOMMENDED (361) 825-5759 Office Lanylloyd@tamucc.edu Operating Department Date APPROVED AS TO LEGAL FORM Assistant City Attorney Date APPROVED Office of Management Date and Budget r.; r. ifuentes Date Vide President for Reseal- ' mmercialization and Outreach KAENGINEERING DATAEXCHANGEL1ENNIFERIWATER1B443 RINCON BAYOU DIVERSION - SALINITY & FRESHWATER INFLOW MON1TORING'SALINTY & FRESHWATER INFLOW MONITORINGIAMENDMENT NO. 31CONTRACTICONTRACT.000 REV. 1011115 ATTEST City Secretary Date Project Name Nueces Bay System Salinity and Freshwater Inflow Monitoring 2016-2017 Project Number 8443 Accounting Unit 4010-30220-061 Account 530000 Activity 18022701401 EXP Account Category 30000 Fund Name Water Operating This is Amend. No. 3 for $97,835 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\8443 RINCON BAYOU DIVERSION - SALINITY & FRESHWATER INFLOW MONITORING\SALINTY & FRESHWATER INFLOW MONITORING\AMENDMENT NO. 3\CONTRACT\CONTRACT.DOC REV. 10/1/15 TEXAS A&M Or UNIVERSITY 11i CORPUS CHRISTI CONRAD BLUCHER INSTITUTE FOR SURVEYING AND SCIENCE Jiangang Dang 1201 Leopard City of Corpus Christi Corpus Christi, Texas 78401 Dear Daniel, Larry Lloyd Research Specialist II Conrad Blucher Institute for Surveying and Science College of Science and Engineering 6300 OCEAN DRIVE, UNIT 5799 CORPUS CHRISTI, TEXAS 78412 0 361.825.5759' C 361.438.6594 17 June, 2016 The statements of work covered herein are submitted to the City of Corpus Christi, referred to as "the City", for consideration. These statements will constitute a fee for services rendered by the Conrad Blucher Institute for Surveying and Science (CBI) at Texas A&M University - Corpus Christi (TAMUCC). Included is an outline of our scope of work and budget to continue the ongoing salinity monitoring efforts in Nueces Bay and Nueces River. PROPOSED SCOPE OF WORK FOR NUECES BAY SYSTEM SALINITY AND FRESHWATER INFLOW MONITORING: 2016-2017 SUMMARY Two real-time salinity monitoring stations in the Nueces Bay and one real-time salinity monitoring station in the Nueces River will be covered under this agreement. Station service includes exchange of datasonde monitoring instruments with a freshly calibrated unit every 2-3 weeks, repair and maintenance to all station electronics and components as necessary and an annual inspection in which the condition of all station components are documented. In order to reduce costs, station service frequency will be based on observed marine growth fouling the instruments; for example, every 2 weeks when warmer bay waters foster excessive marine growth and every 3 weeks when water temperatures are cooler. All salinity monitoring stations will primarily report salinity, specific conductance and water temperature. Additionally, all monitoring stations will also report ancillary water quality data including dissolved oxygen, pH, and water depth. All data will be available in graphical and tabular format on the CBI website (http://www.cbi.tamucc.edu/Nueces-BayWater- Quality-Monitoring). This proposal covers a period of 1 year. RESEARCH OBJECTIVES The Conrad Blucher Institute for Surveying and Science (CBI) at TAMUCC has been operating and maintaining real-time salinity monitoring stations in Nueces Bay and in Nueces River for the City of Corpus Christi since November 1991 in order to help better understand the effects of freshwater inflows on salinity into the Nueces Bay system. The data collected will be used to help the City of Corpus Christi water supply managers determine the quantity and frequency of fresh water pass through events required by the amended Agreed Order between the City and the Texas Commission on Environmental Quality (TCEQ) via the Lake Corpus Christi Weasley Seale Dam. Other benefits of the data collection include collaboration with other researchers in the Nueces delta, namely, the Center for Coastal Studies (CCS) and Harte Research Institute for Gulf of Exhibit "A" Amend. No. 3 Page 1 of 5 Mexico Studies (HRI) at TAMUCC, the University of Texas Marine Science Institute (UTMSI) at Port Aransas, the Coastal Bend Bays and Estuaries Program (CBBEP) and the U.S. Army Corps of Engineers (USACE) Fort Worth District. This proposal is for continuation of the aforementioned monitoring efforts in Nueces Bay and Nueces River. Nueces Bay salinity monitoring by CBI consists of 2 monitoring stations: SALT01 (27° 50' 21" N, 97° 26' 38" W) and SALT03 (27° 51' 5" N, 97° 28' 55" W) and one monitoring station in Nueces River: SALT05 (27° 53' 30" N 97° 36' 37" W). These stations consist of a Hach Hydrolab MS5 water quality datasonde, IP modem, Campbell Scientific CR1000 datalogger, and photovoltaic power system. Primary parameters measured at all monitoring stations include salinity, specific conductance and water temperature. Additionally, ancillary parameters are measured including dissolved oxygen, water depth, and pH. The stations are located in such a manner to track fresh water inflows into Nueces Bay using salinity levels as an indicator of freshwater movement. Relief for required freshwater releases may be taken by the City if the salinity levels in Nueces Bay fall below the Upper Salinity Bounds. A daily running report (http://lighthouse.tamucc.edu/salrel) produced by CBI and the Nueces River Authority (NRA) shows the current freshwater relief status. The City has designed and built a diversion channel and pumping system that, when activated, pumps freshwater from the Nueces River into the Nueces delta and adjacent wetlands starting at the head of the Rincon Bayou channel. The freshwater diversion pumping system is designed to redirect freshwater flowing into Nueces Bay proper to the Nueces Delta in order to most effectively utilize available freshwater by diverting it to the area with the most potential for increased biological productivity. Currently, UTMSI, HRI, and CCS are conducting long-term ecological studies of the effects of this diversion. Two salinity monitoring stations (NUDE2: 27° 53' 19" N, 97° 34' 10" W and NUDE3: 27° 53' 1" N, 97° 31' 59" W) located along the Rincon Bayou were established in 2009 to determine the fate of freshwater diversions from the pipeline. The salinity monitoring stations located in the Nueces Delta are funded by the CBBEP and are not covered in the scope of this proposal but are a part of an overarching hydrodynamic monitoring system. STATION SERVICE AND MAINTENANCE Regular site visits will be made to each water quality station every 2-3 weeks during which the datasondes will be exchanged to prevent inaccurate data due to biofouling. During the site visit, readings will be recorded from the deployed datasonde which will then be replaced with a clean, calibrated datasonde after which readings from the freshly deployed datasonde will be recorded. Independent salinity readings will be taken with a portable refractometer and recorded. Maintenance to the station hardware including cleaning solar panels and replacing damaged components will also be performed during regular site visits as needed. Full inspections will be made annually during which the voltage output of every component on the power system will be checked, pictures of every station component will be taken and the desiccant will be replaced. Repair of damaged station components will be performed during regular service visits as needed unless the station damage affects data transmission of the primary data parameters in which an emergency site visit will be conducted. Scheduled site visits may be delayed due to foul weather, vehicle repair, flood conditions, etc. In the event that a service trip is delayed, every effort will be made to complete the scheduled site visit as soon Exhibit "A" Amend. No. 3 Page 2 of 5 as it is safe and feasible. A short summary of each site visit conducted will be placed on the station's website and made publically available at all times. DATA COLLECTION Each real-time environmental monitoring station has its own webpage created within the website http://cbi.tamucc.edu. A custom computer program, written by staff at CBI, polls each station every six minutes. During a poll, averaged readings from the datalogger will be requested. The averages are then placed into the CBI database and reported on the station webpage so that each value will represent a six minute average. All data stored in the CBI database will be publically available on the Internet at http://cbi.tamucc.edu during the duration of the proposal period. CBI staff performs a quality control check (QC) of all real-time data daily. During a QC, the data will be checked for missing transmissions and data anomalies such as readings outside of a feasible range, readings of a constant value, random spikes, etc. Data anomalies, suspect data, missed transmissions and other factors affecting the data will be posted as a message on each station's webpage. Daily salinity reports are produced showing the running ten and seven day averages as well as the daily average (http://www.nueces-ra.org/CP/CITY/passthru/index.php). Monthly salinity levels in relation to the upper and lower salinity bounds are found at http://lighthouse.tamucc.edu/salrel, and are used to help determine if the City may take credits to offset scheduled freshwater releases from the storage impounds. INSTRUMENT CALIBRATION Hach Hydrolab MS5 Datasonde Hach Hydrolab MS5s will be serviced and calibrated at a wetlab at TAMUCC. Instruments will be calibrated based on manufacturer recommendation during which the instrument will be placed in a known standard for each parameter and set to match its readings to that standard; all calibration standards used will be NIST traceable. The instruments will then be post -calibrated during which the readings for each parameter will be recorded in the same standard in which it was calibrated. The biofouling will then be removed and any maintenance recommended by the manufacturer will be performed. All calibration and post -calibration records will be available upon request. An annual maintenance agreement with HydrotechZS will be purchased which will cover repair/refurbishment to damaged components on the instruments and an annual quality check including a calibration check of the temperature sensor. Documentation from the annual quality check will be retained at CBI and available upon request. REPLACEMENT PARTS AND EQUIPMENT TAMUCC owns and maintains the instrumentation and equipment purchased with funds from this project. In the case of damage, TAMUCC will repair or replace instrumentation as needed to ensure a continuous data collection record as long as enough funds are available. If not enough funds are available, the City will be responsible for replacement or repair of instruments. Replacement equipment will be purchased for this Exhibit "A" Amend. No. 3 Page 3 of 5 project and kept in inventory until needed. If additional replacement equipment beyond what is kept in inventory is needed, every effort will be made by CBI and the City to replace needed components. COLLABORATIVE MONITORING This proposed continuation of the salinity monitoring program is designed to provide data to support those research efforts currently being done by CCS, UTMSI, HRI, COE, CBBEP, USGS and the City. Should the need or occasion arise where additional monitoring efforts are required, CBI will be in a position to support those efforts. SCHEDULE OF WORK AND FEE FOR SERVICES The Conrad Blucher Institute for Surveying and Science at Texas A&M University — Corpus Christi hereby agrees for the duration of one year (1 October, 2016 through 30 September, 2017) to perform all services necessary to provide water quality monitoring, as described in this proposal. The budget for 1 October, 2016 through 30 September, 2017 is $97,835 and is outlined below. The total award amount will be invoiced in equal, monthly installments over the twelve month period of this contract. A new proposal will be provided for each year of continuing service. Exhibit "A" Amend. No. 3 Page 4 of 5 Budget Summary TOTAL Salaries & Benefits $49,300 Travel Pool $6,870 Supplies $9,500 Other Expenses (IP modem fee, freight service $6,800 wa rra nty) Indirect $25,365 TOTAL $97,835 Exhibit "A" Amend. No. 3 Page 5 of 5 Carpus Citrsti trLgineering Nueces Bay System Salinity and Freshwater Inflow Monitoring 2016-2017 Council Presentation August 16, 2016 Project Location Corpus Chr'sti Engineering u ® o oaFm o a ®moo SALT fly EMI MCI n EEI EI rI SALT 03 SALIfl1 0 0 UmpusClu9„k 1 V Salination Monitoring Stations 2 Project Scope Carpus Chr'sti Engineering Purpose: • The project was initiated as part of the Agreed Order between the City and Texas Natural Resource Conservation Commission for fresh water inflow from City's reservoir system. Scope: • Real-time monitoring and data collection • Regular site visits for routine maintenance and repairs of three monitoring stations; • Instrument calibration, replacement parts and equipment; • Monitoring includes salinity, specific conductance, water temperature, dissolved oxygen, PH value, and water depth. Project Schedule Corpus Chr'sti Engineering elm Monitoring Services Project Duration: October 1, 2016 to September 30, 2017 AGENDA MEMORANDUM Future Item for the City Council Meeting of August 16, 2016 Action Item for the City Council Meeting of August 23, 2016 DATE: TO: Margie C. Rose, City Manager July 26, 2016 THRU: Mark Van Vleck, Assistant City Manager MarkVanVleck@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 Contract Nueces River Water Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring 2016-2017 CAPTION: Motion authorizing the City Manager or designee to execute Amendment No. 6 to the monitoring services contract with the Conrad Blucher Institute at Texas A&M University -Corpus Christi in the amount of $121,022 for a total restated fee not to exceed $775,696 for the Nueces River Water Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring 2016- 2017. PURPOSE: The purpose of this agenda item is to obtain authority to execute a monitoring contract for the Conrad Blucher Institute at Texas A&M University -Corpus Christi for the Nueces River Water Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring 2016-2017. This allows better analysis of water quality, water consumption rate and prediction for the City. BACKGROUND AND FINDINGS: This amendment provides for continued (6th year) services for the thirteen "Real -Time" environmental monitoring stations. Services include Nueces River water quality, Oso Creek water level & City of Corpus Christi meteorological Monitoring, data collection with results placed on the website of Conrad Blucher Institute (CBI), field work with routine maintenance and repairs, instrumentation calibration, and replacement of miscellaneous parts. This project originated in August 2011 to better analyze the water quality, water consumption rates with meteorological data. In February 2012, the City awarded CBI with an Amendment No. 1 contract to initiate a watershed monitoring program with locations in Nueces River, Oso Creek, and Corpus Christi. The contract term of Amendment No. 1 was from March 1, 2012 to February 28, 2013. In March 2013, the City awarded CBI with an Amendment No. 2 contract to continue the same monitoring program with a contract term of March 1, 2013 to July 31, 2013. In November 2013, the City awarded CBI with an Amendment No. 3 contract to continue to maintain environmental monitoring stations and provide watershed monitoring services for the Nueces River, Oso Creek and the City of Corpus Christi. The contract term of this amendment was from November 15, 2013 to July 31, 2014. In September 2014, the City awarded CBI with an Amendment No. 4 contract to continue to maintain environmental monitoring stations and provide watershed monitoring services for the Nueces River, Oso Creek and the City of Corpus Christi. The contract term of this amendment was from August 1, 2014 to July 31, 2015. In August 2015, the City award CBI with Amendment No. 5 contract to continue to maintain environmental monitoring stations and provide watershed monitoring services for the Nueces River, Oso Creek and the City of Corpus Christi. The contract term of this amendment was from August 1, 2015 to July 31, 2016. This contract, Amendment No. 6, allows CBI to continue to maintain and monitor environmental monitoring stations and provide watershed monitoring services for the Nueces River, Oso Creek and the City of Corpus Christi. The contract term of this amendment is from August 1, 2016 to July 31, 2017. ALTERNATIVES: 1. Authorize the execution of the monitoring contract. 2. Do not authorize the execution of the monitoring contract. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department Environmental and Strategic Initiatives FINANCIAL IMPACT: ® Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Budget & Expenditures Current Year Future Years TOTALS Line Item Budget (Operating) $654,674 $156,022 $810,696 Encumbered / Expended Amount 654,674 654,674 This Item 22,000 99,022 121,022 Future Anticipated Expenditures This Project 35,000 35,000 BALANCE $0 $0 $0 Fund(s): Water Operating Comments: The contract amendment will result in the amount not to exceed $121,022. RECOMMENDATION: City Staff recommends approval of Amendment No. 6 to the monitoring services contract with the Conrad Blucher Institute at Texas A&M University -Corpus Christi in the amount of $121,022 for a total restated fee not to exceed $775,696 for the Nueces River Water Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring 2016-2017. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation PROJECT BUDGET Nueces River Water Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring 2016-2017 FUNDS AVAILABLE: Water Operating $ 810,696 FUNDS REQUIRED: Monitoring Contract (Conrad Blucher Institute, TAMUCC) $ 775,696 *Original 92,355 **Amend. No. 1 224,794 ***Amend. No. 2 46,112 ****Amend. No. 3 93,381 *****Amend. No. 4 98,439 ******Amend. No. 5 99,593 Amend. No. 6 THIS CONTRACT 121,022 Reimbursements: Total Reimbursements. 35,000 Contract Administration (Engineering Svcs Admin/Finance) 10,000 Engineering Services (Project Mgmt) 20,000 Misc 5,000 TOTAL $ 810,696 PROJECT BUDGET BALANCE *Original Contract approved by City Council on August 30, 2011 by Motion No. M2011-187. **Amendment No. 1 approved by City Council on February 28, 2012 by Motion No. M2012-047. ***Amendment No. 2 administratively approved on April 17, 2013 ****Amendment No. 3 approved by City Council on November 12, 2013 by Motion No. M2013-171 *****Amendment No. 4 approved by City Council on September 16, 2014 by Motion No. M2014-120 ******Amendment No. 5 approved by City Council on August 25, 2015 by Motion No. M2015-091 $0 V N RWQM 1 ua Du lie N'RM2 Bishop 11,1 Kingsville e hr.roy : 4' Dderri NRWQM3iCCMM7 Rohm OTT Sinton x`191! Taft 111911 Bonnie View (17F) Corpus Christi CCMM6Y VCCMM5 OCWLM1V YCCMM3 CCMM4 VCCMM1 Tierra Grande OCWLM2 V Ir Hip Driscoll Petronilh OCWLM3V Chapman Ranch VICINITY MAP NOT TO SCALE LEGEND Corpus Christi Meteorological Monitoring Stations V Nueces River Water Quality Monitoring Stations V Oso Creek Water Level Monitoring Stations VCCMM2 Padre !s rid }arra !Island Project Number: 8443 Nueces River Water Quality Oso Creek Water Level and City of Corpus Christi Meteorological Monitoring 2016-2017 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI AMENDMENT NO. 6 CONTRACT FOR MONITORING SERVICES The City of Corpus Christi, Texas, a Texas home -rule municipal corporation ("City") and Conrad Blucher Institute at Texas A&M University -Corpus Christi ("Consultant"), agree to the following amendments to the Contract for Monitoring Services for Nueces River Water Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring 2016-2017 (Project No. 8443): Original Contract August 30, 2011 Motion No, 2011-187 $92,355 Amendment No. 1 February 28, 2012 Motion No. 2012-047 $224,794 Amendment No. 2 April 17, 2013 Administrative Approval $46,112 Amendment No. 3 November 12, 2013 Motion No. 2013-171 $93,381 Amendment No, 4 September 16, 2014 Motion No. 2014-120 $98,439 Amendment No. 5 August 25, 2015 Motion No. 2015-091 $99,593 In the Original Contract, Exhibit "A", Scope of Services shall be amended as set forth in the attached Amendment No.6, Exhibit "A". In the Original Contract, Fees shall be amended based on the modified scope of services in the attached Amendment No. 6, Exhibit "A" fora fee not to exceed $121,022, fora total restated fee not to exceed $775,696. All other terms and conditions of the August 30, 2011 Contract for Monitoring Services between the City and Consultant, and of any amendments to that contract, which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI TEXAS A&M UNIVERSITY CORPUS CHRISTI ')r75/(XP J.H. Edmonds, P.E. Date l�ry Lloyd Date Research e�cialistll Director of Engineering Services Res p Conrad Blucher Institute for Surveying and Science 6300 Ocean Drive, Unit 5799 Corpus Christi, TX 78412 RECOMMENDED (361) 825-5759 Office Larry.Lloyd©tamucc.edu Operating Department Date APPROVED AS TO LEGAL FORM Assistant City Attorney Date APPROVED Office of Management and Budget Date ifuentes resident for R a d Outreach f Date ,. ommercialization K:IENGINEERING DATAEXCHANGEUENNIFERIWATERI8413 RINCON BAYOU DIVERSION - SALINITY & FRESHWATER INFLOW MONITORINGIWATER QUALITY MONITORING.AMENOMENT NO. BICONTRACTICONTRACT.DOC REV. 10/1/15 ATTEST City Secretary Date Project Name Nueces River Water Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring 2016-2017 Project Number 8443 Accounting Unit 4010-31501-063 Account 530000 Activity 180227014010 EXP Account Category 30000 Fund Name Water Operating This is Amendment No. 6 for $121,022 FY 2015-2016 partial certification for $22,000 FY 2016-2017 certify $99,022 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\8443 RINCON BAYOU DIVERSION - SALINITY & FRESHWATER INFLOW MONITORING\WATER QUALITY MONITORING\AMENDMENT NO. 6\CONTRACT\CO NTRACT. DOC REV. 10/1/15 CONRAD BLUCHER INSTITUTE FOR SURVEYING AND SCIENCE Mr. Gabriel Ramirez 2726 Holly Rd. City of Corpus Christi Corpus Christi, TX 78415 Dear Gabriel Ramirez: Larry Lloyd Research Specialist II Conrad Blucher Institute for Surveying and Science College of Science and Engineering 6300 OCEAN DRIVE, UNIT 5799 CORPUS CHRISTI, TEXAS 78412 0 361.825.5759 ' C 361.438.6594 27 July, 2016 The statements of work covered herein are submitted to the City of Corpus Christi Utilities Department (CCUD) for consideration. These statements will constitute a fee for services rendered by the Conrad Blucher Institute for Surveying and Science (CBI) at Texas A&M University - Corpus Christi (TAMUCC). Included is an outline of our scope of work and budget to continue to maintain operation of environmental monitoring stations in the Nueces River, Oso Creek and within the City of Corpus Christi under. The following scope of work and budget will reflect an amendment to allow for continuation of the project. PROPOSED SCOPE OF WORK FOR NUECES RIVER WATER QUALITY, OSO CREEK WATER LEVEL AND CITY OF CORPUS CHRISTI METEROLOGICAL MONITORING: 2016-2017 SUMMARY Thirteen real-time environmental monitoring stations in the Nueces River, Oso Creek and the City of Corpus Christi will continue to be covered under this agreement. Station service includes exchange of water quality datasonde instruments with a freshly calibrated unit and factory recommended maintenance of water level and meteorological monitoring instrumentation. All meteorological monitoring stations will report air temperature, wind speed, wind direction, liquid precipitation, barometric pressure and relative humidity. In addition to these parameters, water level stations will report water level and stage height and water quality stations will report water temperature, salinity, specific conductance, pH, dissolved oxygen and turbidity. All data will be available in graphical and tabular format on CBI's website (http://cbi.tamucc.edu) for the duration of the project period. This proposal covers a period of 14 months. RESEARCH OBJECTIVES Nueces River Water Quality Monitoring Three water quality stations are located along the lower Nueces River at the Wesley Seale Dam (28° 2' 32" N 97° 52' 5" W), Nueces River Estates (27° 56' 4" N 97° 48' 8" W) and at the Nueces River intake station (27° 52' 2" N 97° 38' 1" W). These stations consist of a Hach Hydrolab MS5 datasonde, Vaisala WXT-520 weather transmitter, IP modem, Campbell Scientific CR1000 datalogger, and photovoltaic power system and will report water temperature, salinity, conductivity, pH, dissolved oxygen, turbidity, air temperature, wind speed, wind direction, liquid precipitation, barometric pressure and relative humidity. The Nueces River Water Quality Exhibit "A" Amend. No. 6 6Page 1 of 6 stations assist the CCUD in more efficiently treating public water through the monitoring of the water quality, specifically the turbidity, entering the O.N Stevens Water Treatment Plant. Oso Creek Water Level Monitoring Three water level monitoring stations are located on bridges along the Oso Creek at Saratoga Rd. near Calle Cuermavaca (^'27° 43' 18.26" N 97° 27' 28.55" W), Weber Rd. near Yorktown Blvd. (^'27° 41' 19.82" N 97° 25' 45.36" W) and at Staples St. near Oso Pkwy. (^'27° 39' 24.89" N 97° 24' 5.89" W). These stations consist of a Campbell Scientific CS -475 radar water level sensor, Vaisala WXT-520 weather transmitter, IP modern, Campbell Scientific CR1000 datalogger, and photovoltaic power system and will report water level and stage height, air temperature, liquid precipitation, barometric pressure and relative humidity. The Oso Creek water level stations will assist the CCUD in predicting water consumption rates and provide meteorological information to residents by measuring rainfall and water level. Corpus Christi Meteorological Monitoring Seven meteorological stations are located throughout the City of Corpus Christi at TAMUCC (27° 42' 54" N 97° 19' 43" W), Rodd Field Rd near Wooldridge Rd (27° 40' 34" N 97° 21' 9" W), Carmel Pkwy near S Alameda St (27° 43' 54" N 97° 22' 40" W), Cedar Pass Dr near Sun Valley Dr (27° 41' 6" N 97° 25' 0" W), Del -Mar college east campus (27° 45' 51" N 97° 24' 15" W), Del - Mar college west campus (27° 46' 24" N 97° 26' 24" W) and in Calallen at the Nueces River pump station (27° 52' 4.2" N 97° 37' 54.5" W). These stations consist of a Vaisala WXT-520 weather transmitter, IP modem, Campbell Scientific CR1000 datalogger and a photovoltaic power system and reports air temperature, wind speed, wind direction, liquid precipitation, barometric pressure and relative humidity. A webpage is currently being developed to assist city technicians monitor rainfall at http://www.cbi.tamucc.edu/ccrl/. This webpage will continue to be developed through the duration of the project period. STATION SERVICE AND MAINTENANCE Nueces River Water Quality Monitoring Regular site visits will be made to each water quality station monthly during which the datasondes will be exchanged to prevent inaccurate data due to biofouling. During the site visit, readings will be recorded from the deployed datasonde which will then be replaced with a clean, calibrated datasonde after which readings from the freshly deployed datasonde will be recorded. Independent turbidity readings will be taken with a portable turbidimeter and recorded. Maintenance to the station hardware including cleaning solar panels and replacing damaged components will also be performed during regular site visits as needed. The weather transmitter on all water quality stations will also be cleaned and the component WXT-PTUSP will be replaced every two years as recommended by the manufacturer. Data from the weather transmitter will be recorded and the air temperature, wind speed and barometric pressure will be measured with an independent instrument and recoded during each site visit. Full Exhibit "A" Amend. No. 6 Page 2 of 6 inspections will be made annually during which the voltage output of every component on the power system will be checked, pictures of every station component will be taken and the desiccant will be replaced. Repair of damaged station components will be performed during regular service visits as needed unless the station damage affects data transmission of the primary data parameters in which an emergency site visit will be conducted. Scheduled site visits may be delayed due to foul weather, vehicle repair, flood conditions, etc. In the event that a service trip is delayed, every effort will be made to complete the scheduled site visit as soon as it is safe and feasible. A short summary of each site visit conducted will be placed on the station's website and made publically available at all times. Oso Creek Water Level Monitoring Regular maintenance to water level stations will be conducted every six months. Leveling by CBI will be conducted annually during a regular visit at each water level station to ensure accurate data is being reported. During a leveling site visit, a leveling gun will be used to accurately measure the horizontal and vertical distance between a fixed point and a point on the water level sensor so that the sensor location relative to the NAVD88 datum is known. Leveling site visits will continually monitor and document any drift in the distance from the fixed point to the water level sensor so that correction can be made to the data if needed. A full annual inspection will also be made annually during a regular site visit during which the voltage output of every component on the power system will be checked, pictures of every station component will be taken, the sensor orientation will be checked and the desiccant will be replaced. The creek stage height directly below the sensor will also be measured and the stage offset value will be updated in the water level sensor. One emergency site visit has been budgeted to repair damaged station components as needed and will be used in the event that the damaged component prevents proper data collection or transmission. A short summary of each site visit conducted will be placed on the station's website and publically available at all times. Corpus Christi Meteorological Monitoring Regular maintenance to meteorological stations will be conducted every 12 months. One site visit has been budgeted by CBI to conduct a full inspection during which the voltage output of every component on the power system will be checked, pictures of every station component will be taken and the desiccant will be replaced. One emergency site visit have been budgeted to repair damaged station components as needed and will be used in the event that the damaged component prevents proper data collection or transmission. A short summary of each site visit conducted will be placed on the station's website and publically available at all times. DATA COLLECTION Each real-time environmental monitoring station has its own webpage created within the website http://cbi.tamucc.edu. A custom computer program, written by staff at CBI, polls each station every six minutes. During a poll, averaged readings from the datalogger will be requested. The averages are then placed into the CBI database and reported on the station Exhibit "A" Amend. No. 6 Page 3 of 6 webpage so that each value will represent a six minute average. All data stored in the CBI database is publically available on the Internet at http://cbi.tamucc.edu and will be available for retrieval during the duration of the proposal period. CBI staff performs a quality control check (QC) of all real-time data daily. During a QC, the data will be checked for missing transmissions and data anomalies such as readings outside of a feasible range, readings of a constant value, random spikes, etc. Data anomalies, suspect data, missed transmissions and other factors affecting the data will be posted as a message on each station's webpage. INSTRUMENT CALIBRATION Hach Hydrolab MS5 Datasonde Hach Hydrolab MS5s will be serviced and calibrated at a wetlab at TAMUCC. Instruments will be calibrated based on manufacturer recommendation during which the instrument will be placed in a known standard for each parameter and set to match its readings to that standard; all calibration standards used will be NIST traceable. The instruments will then be post -calibrated during which the readings for each parameter will be recorded in the same standard in which it was calibrated. The biofouling will then be removed and any maintenance recommended by the manufacturer will be performed. All calibration and post -calibration records will be available upon request. An annual maintenance agreement with HydrotechZS will be purchased which will cover repair/refurbishment to damaged components on the instruments and an annual quality check including a calibration check of the temperature sensor. Documentation from the annual quality check will be retained at CBI and available upon request. Vaisala WXT-520 Weather Transmitter The Vaisala WXT-520 weather transmitter does not require a regular calibration. However, the replacement part WXT-PTUSP contains calibration data and will be replaced every two years as recommended by the manufacturer for accurate data collection. Campbell Scientific CS475 Radar Water Level Sensor The Campbell Scientific CS475 Radar Water Level Sensor does not require a regular calibration. However, the sensor will be checked for accuracy during annual inspections and will be sent back to the manufacturer for a quality check if the data provided by the sensor becomes suspect. REPLACEMENT PARTS AND EQUIPMENT TAMUCC owns and maintains the instrumentation and equipment purchased with funds from this project. In the case of damage, TAMUCC will repair or replace instrumentation as needed to ensure a continuous data collection record as long as enough funds are available. If not enough funds are available, the CCUD will be responsible for replacement or repair of instruments. Replacement equipment will be purchased for this project and kept in inventory Exhibit "A" Amend. No. 6 Page 4 of 6 until needed. If additional replacement equipment beyond what is kept in inventory is needed, every effort will be made by CBI and the CCUD to replace needed components. COLLABORATATIVE MONITORING This proposed installation and maintenance of environmental monitoring stations will be designed to provide data to support those research efforts currently being done by the CCUD and the Nueces River Authority (NRA). The CBI will work with staff at the CCUD and NRA to provide data, information, instructions, etc. that will help them gather the resources needed to conduct research. Should the need or occasion arise where additional monitoring efforts are required, CBI will be in a position to support those efforts. SCHEDULE OF WORK AND FEE FOR SERVICES The Conrad Blucher Institute for Surveying and Science at Texas A&M University — Corpus Christi hereby agrees for the duration of 14 months (1 August, 2016 through 30 September, 2017) to perform all services necessary to provide environmental monitoring, as described in this proposal. The budget for 1 August, 2016 through 30 September, 2017 is $121,022 and is outlined below. The total amount will be invoiced in equal, monthly installments over the 14 month period of this contract. A new proposal will be provided for each year of continuing service. Exhibit "A" Amend. No. 6 Page 5 of 6 BUDGET SUMMARY TOTAL Salaries & Benefits $68,720 Travel Pool $2,025 Supplies $8,167 Other Expenses (IP modem fee, freight, service warranty) $10,734 Indirect $31,376 TOTAL $121,022 Exhibit "A" Amend. No. 6 Page 6 of 6 Carpus Chr sti Engineering Nueces River Water Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring 2016-2017 Council Presentation August 16, 2016 Project Location r Ranch Sue DuIce 1813 NRWQM NRif fQM2 Blunlrr Y _ria Odem NRWQM3=CCMM7 Sinton Taft 1151 iae Grego? 35 ?st Aransas{ Portland Ingleside Irgleside r the Bav ® Corpus Chr Stl Robstrv," CCMM6V VCCMM5 0 OCWLM1V VC M3 YCCMM1 n! CCMM4 Tierra Grande OCWLM2W VCCMM2 Driscoll Petronila OCWLM3V �l FLOUR BLU LEGEND VCorpus Christi Meteorological Monitoring Stations ♦Nueces River Water Quality Monitoring Stations • V Oso Creek Water Level Monitoring Stations Corpus Chr sti Engineering 2 Project Scope Corpus Chr sti Engineering This project originated in August 2011 to better analyze the water quality, water consumption rates with meteorological data. Scope includes services for 13 environmental stations: • Real-time monitoring services; • Regular site visit and maintenance; • Data collection; • Instrumentation calibration; • Routine replacements of parts and equipment; • Collaborative monitoring services with NRA and CCUD Project Schedule Corpus Chr sti Engineering 2016 2017 A S O N D J F M A M J J A Monitoring Services Project Duration: August 2016 to September 2017 AGENDA MEMORANDUM Future Item for the City Council Meeting of August 16, 2016 Action Item for the City Council Meeting of August 23, 2016 DATE: TO: July 28, 2016 Margie C. Rose, City Manager FROM: Gilbert Hernandez, Director, Municipal Court Administration gilberth@cctexas.com (361) 826-2540 Motion to Execute Collection Fee Contract CAPTION: Motion to authorize the City Manager or designee to execute a contract for the collection of delinquent Municipal Court fees, fines and court costs with the law firm of Linebarger, Goggan, Blair, & Sampson, LLP for a fee of 30% of amounts collected on delinquent accounts turned over to law firm, with collection fee to be paid by defendants. This is a one-year contract and may be extended for up to three additional one-year terms. PURPOSE: The Collections Program was established by Article 103.0031 of the Texas Code of Criminal Procedures, followed by City Code of Ordinances Sec. 29-51. This authorizes the Municipal Court to contract with a third -party vendor to perform collections, and add a 30% fee to every case delinquent 60 days or more payable by the defendant. It was established to assist municipal courts with the adjudication of unresolved cases in delinquent status and collections of delinquent fines. BACKGROUND AND FINDINGS: The Municipal Court's current contract with the law firm of Linebarger, Goggan, Blair, & Sampson, LLP expired on September 1, 2011. The contract was approved for a one-year term with the ability to extend for three additional one-year terms upon written request. Verbiage in the contract states "If the City has not awarded a new Municipal Court Collection Services Contract at the end of the contract, the City Manager may extend the contract on a month-to- month basis until a new contract is awarded." At this time, the contract is on a month-to-month basis. ALTERNATIVES: Go through the RFP/RFQ process. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: City Council must authorize the City Manager to execute a contract or agreement that authorizes the collection of a 30% fee payable by the defendant and to the vendor, but administered by the court. 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 Comments: No financial impact is expected due to defendants incurring the 30% delinquent fee RECOMMENDATION: Staff recommends the City Council approve the proposed motion. LIST OF SUPPORTING DOCUMENTS: Corpus Christi Municipal Court Collection Services Contract — Final Form 1295 — Linebarger Goggan Blair Sampson, LLP. CITY OF CORPUS CHRISTI MUNICIPAL COURT COLLECTION SERVICES This Contract for the collection of delinquent Municipal Court fees, fines and court costs, in this Contract called "Contract", is made and entered into by and between the City of Corpus Christi ("City") and Linebarger Goggan Blair & Sampson, LLP ("Contractor"), based upon the consideration and undertaking stated in this Contract, effective for all purposes upon approval by the Corpus Christi City Council and subsequent execution by the City Manager or designee. 1. General Scope of Services. The Contractor shall, for and in consideration of the payment of the sum of money specified in this Contract, perform all duties related to the collection of delinquent Municipal Court fines and court costs which are referred to Contractor for collection, provide all services necessary for the collection of those delinquent Municipal Court fines and court costs, and provide such further services as are outlined in this Contract. 2. Term of the Contract and Termination Clause. a. This Contract is for one year beginning on the date of City Council approval. This Contract may be extended on the same terms and conditions for three additional one-year terms upon the written request of the City Manager or designee, ("City Manager"), sent to Contractor at least 30 days prior to the expiration of the term. b. Either party may terminate this Contract at any time with or without cause by giving 60 days' written notice to the other party. c. If the City has not awarded a new Municipal Court Collection Services Contract at the end of this Contract, or otherwise terminated this Contract, the City Manager may extend this Contract on a month to month basis until a new contract is awarded by City Council, or this Contract is terminated. Notice of termination during any month to month extension is 30 calendar days. 3. Compensation of the Contractor. a. As authorized by Article 103.0031 of the Code of Criminal Procedure, City will turn over to Contractor on or about the first (1st) and fifteenth (15th) of each month by electronic or magnetic medium in the format specified by the City Contract Administrator all delinquent Municipal Court debts and accounts receivables ordered to be paid by the Municipal Court, and amounts in cases in which the accused has failed to appear as required by law, ("Delinquent Accounts"). A Municipal Court debt or account receivable is eligible for referral for collection and considered delinquent on the date it becomes 60 days past due, or 60 days after defendant has failed to appear as required by law. 2 b. The City has established a Municipal Court Collection Fee pursuant to Article 103.0031 of the Texas Code of Criminal Procedure ("Municipal Court Collection Fee") in the amount of 30 percent on each Municipal Court debt and account receivable ordered to be paid by the Municipal Court, and 30 percent on amounts in cases in which the defendant has failed to appear, where the cases are at least 60 days past due and referred to the Contractor for collection. If a Municipal Court judge determines that a defendant is indigent, or has insufficient resources or income, or otherwise unable to pay all or part of the underlying fine and costs, then no Municipal Court Collection Fee shall be charged to defendant. The Municipal Court Collection Fee does not apply to a case that has been dismissed or to any amount that has been satisfied through time -served credit or community service. c. City agrees to pay Contractor as compensation for services required under this Contract the Municipal Court Collection Fees actually collected and paid by defendants to the City during the term of this Contract. Partial payments on cases turned over to the Contractor for collection will be applied proportionately. The City shall pay over said compensation monthly by check. No penalties will be assessed to City for late payments to Contractor. No other compensation will be paid by the City to Contractor. The City is not responsible for postage, telephone charges, or any of Contractor's expenses in performing under this Contract. d. Notwithstanding compensation identified in subsection c, in addition to the collection services specified herein, Contractor agrees to perform additional collection services, at no charge or fee to the City or to Defendant on Delinquent Accounts which are not subject to an additional collection fee under Article 103.0031 of the Code of Criminal Procedure. Specifically, all cases filed on or prior to December 31, 2001 will not be subject to a Municipal Court Collection fee. City Ordinance 024559, effective September 3, 2001, authorized the collection of Municipal Court Collection fees pursuant to Article 103.0031. Subsequent amendments to the City ordinance have continued to authorize Municipal Court Collection fees. Additionally, fees assessed pursuant to Texas Transportation Code §706.006 are not subject to a collection fee. e. Notwithstanding compensation identified in subsection c, in addition to the collection services specified herein, Contractor agrees to perform collection services on delinquent parking citations referred to Contractor for collection at no charge or fee to the City or to Defendant. f. The parties agree that should Article 103.0031 of the Code of Criminal Procedure as amended be repealed or held to be unconstitutional by a court of competent jurisdiction during the term of this Contract so that the City is no longer authorized to collect the Municipal Court Collection Fee, then this Contract shall terminate immediately. g. No funds will be paid to Contractor unless defendant's payment was a res u It of Contractor's actions under this Agreement. For example, if defendant is 3 arrested and is brought to Municipal Court to resolve outstanding cases, no compensation will be paid to Contractor. All payments on delinquent accounts which were referred to Contractor for collection are assumed to be a result of Contractor's actions unless specifically refuted by City. h. If there is a dispute between City and Contractor regarding whether Contractor is due compensation in a particular case, the City will not pay Contractor until issue is resolved between the parties. 4. Collection Goals. The Contractor agrees to work with the Contract Administrator to set reasonable collection goals and meet quarterly with the Contract Administrator to monitor and report on the progress of collection efforts achieved. 5. Scope of Services. a. Contractor shall direct defendants to make all payments directly to the City of Corpus Christi Municipal Court. Contractor shall not collect any monies for the City. Contractor shall instruct defendants that any payments owed on debts and accounts receivable must be made in full to Municipal Court. b. Contractor's collection process must be reviewed and approved by the Contract Administrator, but Contractor shall be responsible for compliance with all laws. c. Contractor shall provide Contract Administrator copy of employee orientation / training manuals, where applicable. Contract Administrator will have review of all correspondence and scripts used by Contractor's collection staff. d. Contractor covenants that the customer service employees handling the City's accounts will be familiar with the City of Corpus Christi Municipal Court requirements for acceptance of fines as provided by the City to Contractor. e. Contractor shall coordinate mail outs with the Contract Administrator. f. At the end of the each year of the Contract, Contractor shall provide a cover letter to City's Contract Administrator with listing of cases that are deemed uncollectible by the Contractor. Contractor shall give its reasons why each case is uncollectible. Contractor shall also inform Contract Administrator of applicable laws which govern disposition of uncollectible court fines. g. Contractor shall maintain a toll free telephone number for customers to call. h. All complaints regarding the collection process will be referred to Contractor for resolution. i. Contractor shall provide notification of all disputes or complaints raised by defendants regarding the collection process within five business days to Contract Administrator, Contractor shall provide Contract Administrator with written or electronic statement of the resolution J. 4 Contractor shall provide new addresses for defendants to Contract Administrator on a monthly basis. 7. Management Reports. a. Contractor shall keep and maintain all required reports and make those reports available to the Contract Administrator at all reasonable times. Contractor agrees to keep such other records and in the form as the Contract Administrator may reasonably require and to make them available at the Contract Administrator's request. b. In particular, Contractor shall provide Municipal Court Director at the end of each calendar year written documentation to indicate uncollected Delinquent Accounts which remain uncollected for at least five years from the date the account was referred to Contractor for collection. 8. Data Transfer. a. City will transfer its Municipal Court case data to Contractor via FTP Internet electronic transfers. Contractor shall provide the Contract Administrator with access to a secured FTP site/server at no cost to the City. b. All data is the property of the City. Contractor shall not release the data without the written approval of the Contract Administrator. Contractor shall return all data to the Contract Administrator within 30 days after termination or expiration of this Contract. c. City shall provide Contractor with the data necessary to collect the fees and fines that are subject to this Contract. Contractor does not assume or accept responsibility for the integrity and/or accuracy of City's data. 9. Notices. All notices required or permitted in this Contract must be in writing and are deemed to be delivered when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, as follows: If to City: Municipal Court Director P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 886-2515 5 If to Contractor: Linebarger Goggan Blair & Sampson, LLP 500 N. Water, Suite 1111 Corpus Christi, TX 78401 (361) 888-6898 Attn: Paul Daniel Chapa , Partner 10. Compliance with Laws. Contractor and City shall comply with all applicable Federal, State, and City laws and regulations in performing this Contract. Contractor shall file required reports and comply with City conflict of interest provisions. 11. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Contract including authorizations for payment. All of Contractor's notices or communications regarding this Contract must be directed to the Contract Administrator, who is the Municipal Court Director, or designee. 12. Independent Contractor. Contractor shall perform the services under this Contract 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 Contractor be considered as an employee of the City. 13. Indemnification. a. Contractor shall release, defend, indemnify and hold harmless the City, its agents and employees from and against any and all claims, losses, damages, causes of action, suits and liability of every kind, including all expenses of litigation, court costs and attorney's fees, arising out of or in connection with the negligent acts and/or omissions of the Contractor its officers, agents, or employees under this Contract. Contractor is expressly required to defend City against all such claims. The indemnity provision of this contract have no application to any claim or demand which results from the sole negligence or fault of City, its officers, agents, employees or contractors. And furthermore, in the event of joint and/or shared negligence or fault of City and Contractor, responsibility and indemnity, if any, is to be apportioned in accordance with Texas law and without waiving any defenses of either party. The provisions of this paragraph are intended for the sole benefit of the parties to this Contract and are not intended to create or grant any right, contractual or otherwise, to any other persons or entities. b. Contractor must be given prompt written notification of any claims, loss, damage, suit or liability of any kind and has the right to defend such action through use of its own counsel. In its sole discretion, City shall have the right to select or to approve defense counsel to be retained by Contractor in 6 fulfilling its obligation under this Contract to defend and indemnify City, unless such right is expressly waived by City Manager in writing. City reserves the right to provide a portion or all of its own defense, however, City is under no obligation to do so. Any such action by City is not to be construed as a waiver of Contractor's obligation to defend City or as a waiver of Contractor's obligation to indemnify City pursuant to this Contract. Contractor shall retain City approved defense counsel within seven (7) business days of City's written notice that City is invoking its right to indemnification under this Contract, If Contractor fails to retain Counsel within such time period, City shall have the right to retain defense counsel on its own behalf, and Contractor shall be liable for all costs incurred by City. 14. Insurance. Before activities can begin under this Contract, Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverage and the fidelity bond to the Municipal Court Director and Risk Manager as required in attached Exhibit A. Additionally, the Certificate must state that the Municipal Court Director will be given at least 30 days' notice of cancellation, material change in the coverage, or intent not to renew any of the policies by certified mail. The City shall be named as an Additional Insured. The City Attomey must be given copies of all insurance policies within 15 days of the City Manager's written request for copies of the insurance policies. Insurance requirements are attached and incorporated as Exhibit A and may be revised annually by the City Manager upon 30 days' written notice to Contractor. 15. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 annually, is subject to appropriations and budget approval providing for such contract item as an expenditure in that budget. The City does not represent that the budget item will actually be adopted, that determination is within the sole discretion of the City Council at the time each budget is adopted. 16. Assignment. This Contract is binding upon the parties, their legal representatives, successors, and assigns. This Contract must not be assigned without prior written consent of the City Council. 17. Venue. The laws of the State of Texas govern the interpretation, validity, performance and enforcement of this Contract. The parties agree that this Contract is performable in Nueces County. Texas and that exclusive venue lies in Nueces County, Texas. 18. Amendments. Except as specifically provided otherwise in this agreement, any alterations, additions, or deletions to the terms of this agreement must be by amendment to this Contract in writing and executed by both parties to this agreement. Modifications which do not change the essential scope and purpose of this Agreement may be approved on behalf of the City by the City Manager or designee. 19. Entirety. The entire Contract of the parties is contained in this Contract and this Contract 7 supersedes all oral agreements and negotiations between the parties relating to the subject matter of this Contract. 20. Severance. The provisions of this Contract are severable. If any paragraph, section, subdivision, sentences, clause, or phrase of this Contract is for any reason held to be contrary to the law or contrary to any rule or regulation having the force and effect of the law, such decisions does not affect the remaining portions of the law, such decisions does not affect the remaining portions of the Contract. However, upon the occurrence of such event, either party may terminate this Contract by giving the other party 60 days written notice. 21. 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. 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. 22. Conflict of Interest. Contractor 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 23. Effective Date. The effective date of this Contract is the date of execution by the parties. In witness whereof, the parties have executed this Contract by signature below. Remainder of page intentionally left blank; signature page to follow. EXECUTED by the PARTIES, both of which hereby represent that the signatures to this AGREEMENT, below, are of those persons with the capacity and authority to legally bind the PARTIES. CITY OF CORPUS CHRISTI Margie C. Rose City Manager Date ATTEST: Rebecca Huerta City Secretary Date APPROVED AS TO LEGAL FORM: Buck Brice Assistant City Attorney For City Attorney (Date) CONTRACTOR Paul aniel Chap Partner Date 9 EXHIBIT A 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 two (2) copies of Certificates of Insurance showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. 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 Professional Liability $1,000,000 Per Occurrence $2,000,000 Aggregate 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 10 A. 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 claims made 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 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. 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: • 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 (if applicable) 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, 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, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 11 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. I. 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 Collection Services 7/25/2016 gms Risk Management Forms provided by Texas Ethics Commission www.ethics.stato.tx.us Version V1.0.277 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: 2016-91474 Date Filed: 07/27/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Lineberger Goggan Blair & Sampson, LLP Corpus Christi, TX United States § 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. 27716 Municipal Court Collection Services 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 AFFIX Sworn 20 I swear, ora`rat 4 ty peryury, that the above disclosure is true and correct. 0 I.11 tr,,,� DIANA AYARZAGOITIA 4:• . ..,s Notary Public, State of Texas w,. fes; Comm. Expires 03-12-2019 `err; Notary ID 550482-1 Signaure of authorize nt of contracting business entity / C P A\ - this the 7 day of °I , NOTARY gTAMP / SEAL ABOVE to and subscribed before me, by the said ?kut- 1)P�W1EL I (P , to certify which, witness my hand and seal or office. C- bang avzo bl Area Narole r Administer �flc r o ; Signature of officer ad isten� r atji Printed name of officer oath Title of officer admrmstenng oa Forms provided by Texas Ethics Commission www.ethics.stato.tx.us Version V1.0.277 AGENDA MEMORANDUM for the City Council Meeting of 08/16/2016 DATE: TO: THRU: FROM: August 11, 2016 Margie C. Rose, City Manager Mark Van Vleck, Assistant City Manager Valerie H. Gray, P.E., Executive Director of Public Works ValerieG@cctexas.com 361-826-3729 Jeffrey Edmonds, P.E., Director of Engineering Services JeffreyE@cctexas.com 361-826-3851 Andres Leal, Jr., P.E., Interim Director of Street Operations AndyL@cctexas.com 361-826-1957 UPDATE TO CITY COUNCIL Street Improvement Plan STAFF PRESENTER(S): Name 1. Valerie H. Gray, P.E. 2. Jeffrey Edmonds, P.E. 3. Andres Leal, Jr., P.E. OUTSIDE PRESENTER(S): Name 1. 2. 3. Title/Position Executive Director Director Interim Director Title/Position BACKGROUND: This presentation discusses the Street Improvement Plan (SIP). LIST OF SUPPORTING DOCUMENTS: None Department Public Works Engineering Svcs Street Operations Organization OF CORPUS C y /�s.REE, I 'OA PREVERRanVERECONSTRUCTION RECONSTRUCTION Pn: oma. i1e RESIDENTIAL LS'02vP Street Improvement Plan PRovet0 Council Briefing August 16, 2016 Street Improvement Plan (SIP) ➢ Aging street infrastructure is a nationwide problem, Corpus Christi no exception. ➢ Large amount of work required a multi - strategy approach. ➢ Allows focus on each major area to address street maintenance, reconstruction & policy provisions. ➢ Work has been done in each area. STREET PREVENTATI MAINTENANCE PROGRAM F CORPUS Cyd �s RECONSTRUCTION POLICY CONSIDERATIO ARTERIALS / COLLECTORS I '� c�/MP ROVE Policy ➢ Policies created by Council may impact/improve streets. ➢ Set and maintain standards. ➢ Adopted 30 -Year design sets precedent for private industry when constructing & maintaining streets. ➢ Adopted street design standards & street cut practices to address their significant impact on life expectancy of streets. ➢ Adopted 30 -Year lifecycle maintenance schedule of seal coats, overlays, and reconstruction. �QVS CHR1STj G,I J Maintenance ➢ Proactive program to improve street maintenance in order to keep "good" streets in "good" condition longer. ➢ Uses industry standard maintenance practices/ treatments. ➢ Less costly to maintain a street than to replace it. ➢ Street Preventative Maintenance Program (SPMP) primarily funded by Street Maintenance Fee (SMF). ➢ Addresses maintenance of all street classifications. ➢ Extends street life. STREET PREVENTATIVE MAINTENANCE PROGRAM 1 N A3 R 1� �' °VEMENT O'r 4 Reconstruction Arterial / Collector ➢ Reconstruction / rehabilitation of arterial and collector streets. ➢ Focuses on high volume traffic streets. ➢ Funded through Bonds. ➢ Reconstruction of streets or capacity expansion. �``G�CPV‘ RECONSTRUCTION I RECONSTRUCTION Qv , ARTERIALS / COLLECTORS 0 f.% 0 J v Q r Q., i. STREET IMPRO' Reconstruction Local / Residential ➢ Residential / Local Streets in Poor condition. ➢ Previous funding through Assessments. ➢ Program to be developed. ➢ Some funding provided through Financial Budgetary Policy. RECONSTRUCTION LOCAL/ RESIDENTIAL Street Improvement Plan www.cctexas.com Questions? Extending the life of our streets.